Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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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, TUESDAY, DECEMBER 18, 2007 No. 194 Senate The Senate met at 10 a.m. and was to the suffering, the friendless, and the lic for which it stands, one nation under God, called to order by the Honorable needy. Give them wisdom and strength indivisible with liberty and justice for all. CLAIRE MCCASKILL, a Senator from the for this day, that they may dispose of State of Missouri. their responsibilities in ways that f honor You. Help them in all their rela- PRAYER tionships to be constructive and edi- APPOINTMENT OF ACTING The Chaplain, Dr. Barry C. Black, of- fying, speaking words that will bring PRESIDENT PRO TEMPORE fered the following prayer: life and not death. Empower them to The PRESIDING OFFICER. The Let us pray. find joy in their work, despite pressure clerk will please read a communication Heavenly Father, You are our for- and opposition. tress and shield. Your laws guide us, to the Senate from the President pro We pray in the Name of Him who laid tempore (Mr. BYRD). and Your teachings protect us. Your down his life for us all. Amen. way is perfect, and Your word is true. The legislative clerk read the fol- You sent Your Son to serve and not to f lowing letter: be served. Bless all who follow in his U.S. SENATE, PLEDGE OF ALLEGIANCE PRESIDENT PRO TEMPORE, steps, giving themselves to serve oth- Washington, DC, December 18, 2007. ers with wisdom, patience, and cour- The Honorable CLAIRE MCCASKILL led To the Senate: age. the Pledge of Allegiance, as follows: Under the provisions of rule I, paragraph 3, As our Senators seek to serve, em- I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby power them to minister in Your Name United States of America, and to the Repub- appoint the Honorable CLAIRE MCCASKILL, a

NOTICE If the 110th Congress, 1st Session, adjourns sine die on or before December 21, 2007, a final issue of the Congres- sional Record for the 110th Congress, 1st Session, will be published on Friday, December 28, 2007, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 27. The final issue will be dated Friday, December 28, 2007, and will be delivered on Wednesday, January 2, 2008. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT A. BRADY, Chairman.

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S15793

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A18DE6.000 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15794 CONGRESSIONAL RECORD — SENATE December 18, 2007 Senator from the State of Missouri, to per- LOTT, he is a gentleman. I have never, was just TRENT. As he vowed last form the duties of the Chair. ever had Senator LOTT say something month, that commitment to the people ROBERT C. BYRD, to me that he was not able to carry of Mississippi does not end here. ‘‘I will President pro tempore. through on. His commitments are as work hard for the State, the last day I Mrs. MCCASKILL thereupon assumed good as gold. am in the Senate,’’ he said, ‘‘and I will the chair as Acting President pro tem- We have had some jokes here about work hard for this State until the last pore. his dealings with John Breaux. They day I am alive.’’ The ACTING PRESIDENT pro tem- have a lot of qualities, but their quali- In a plaque on his office wall, visitors pore. The minority leader. ties were the ability to make deals. will find TRENT’s rules. The most im- Mr. MCCONNELL. Madam President, When we needed something done during portant one he always said was this: it is my understanding that the major- the Daschle years, the first person we You can never have a national view if ity leader will be here momentarily, went to was John Breaux. I am con- you forget the view from Pascagoula. and therefore I suggest the absence of a fident the first person he went to was He never forgot his roots. TRENT quorum because he will be speaking TRENT LOTT. They have been close per- dined with Presidents, yet he still re- first. sonal friends for all these years. As a members facing the winters of his The ACTING PRESIDENT pro tem- result of their friendship, their trust of childhood without indoor heat. He also pore. The clerk will call the roll. one another, it kind of spilled off on remembers his first hot shower. And he The assistant legislative clerk pro- the rest of us, and we were able to get never forgot the source of that luxury. ceeded to call the roll. a lot of work done. ‘‘It came from hard work,’’ his mother Mr. REID. I ask unanimous consent It goes without saying that we dis- said. He would spend a lifetime proving that the order for the quorum call be agree on policy often, Senator LOTT that he took her words to heart. rescinded. and I, but with TRENT, these disagree- The love of politics came early, The ACTING PRESIDENT pro tem- ments never seemed to be that impor- thanks in part to some lively debates pore. Without objection, it is so or- tant because he was always able to ap- with his folks around the dinner table. dered. proach these challenges with a genuine They always treated him with re- desire to find a solution. spect—‘‘as an equal,’’ he said—and they f The history books will be written watched with pride as he threw himself RECOGNITION OF THE MAJORITY about this institution. I am confident into his studies and everything else LEADER they will be written about the State of that was available to a blue-collar kid Mississippi. There will be chapters that The ACTING PRESIDENT pro tem- growing up along the gulf coast in 1950s will have to be dedicated to TRENT America. pore. The majority leader is recog- LOTT because he has been part of the nized. TRENT was an early standout. His history of the State of Mississippi and high school classmates voted him class f of this institution and the House of president, most likely to succeed, most Representatives. No one has ever, in HONORING SENATOR TRENT LOTT popular, a model of Christian conduct, the history of our country, some 230 most polite, and, of course, neatest. Mr. REID. Madam President, I have years, served as the House whip and the One friend recalls that TRENT was the publicly stated my feelings about Senate whip, but TRENT LOTT has. I be- only guy he ever knew who tidied up TRENT LOTT on a number of occasions lieve he has made our country more se- his bed before going to sleep at night. since he indicated he was going to re- cure in many ways. When we talk Of course, TRENT’s reputation for tire by the end of this year. We had a about security, it doesn’t mean nec- neatness outlasted high school. It has lovely reception for him in the Mans- essarily the military because our secu- been the source of a lot of jokes over field Room. Other people have their rity depends on a lot more. the years. But some of those jokes real- Senator LOTT, I wish you and your own views as to the strengths of TRENT ly are not fair. It is not true, for exam- LOTT, but having worked with him here wonderful wife and your family the ple, that TRENT arranges his sock very best. I believe my dealings with on the Senate floor for these many drawer according to color every day. years, his greatest attribute can best you have made me a better person and a better Senator. He is perfectly content to do it once a be summarized by the statesman Ed- week—black on one side, blue on the mund Burke: f other. All government . . . every virtue and every RECOGNITION OF THE MINORITY In college, the connection to Mis- prudent act—is founded on compromise . . . LEADER sissippi deepened. Surrounded by the That is not negative. That is posi- The ACTING PRESIDENT pro tem- white pillars and ancient oaks of Ole tive. Compromise is something we as pore. The minority leader is recog- Miss, he formed lifelong friendships legislators must do. Legislation is the nized. and grew in respect for the traditions art of compromise. That is what we Mr. MCCONNELL. Madam President, of honor, integrity, duty, and service have been taught, and that is the way after the news of TRENT’s retirement that had marked his beloved Sigma Nu it is. There is no better example of that had spread, a young farmer in Jackson from its beginnings. than what we have before us now or had this to say about the man he had There was always something to do, should have in a short time from the called ‘‘Senator’’ most of his life: and TRENT did it all: frat parties, House, the omnibus spending bill. That He’s a good person to represent the State, swaps, campus politics, singing, lead- has been the epitome of compromise by caring for people like he does. ing the cheers at the football games, legislators and by the White House as That farmer had it exactly right be- and, occasionally, even studying. One the executive. That is what TRENT cause whether TRENT was making sure of TRENT’s college friends recalls that LOTT did best, approaching a difficult an old man in Pascagoula got his So- Mrs. Hutchinson’s sophomore lit- issue, trying to figure a way out of it. cial Security check or ducking into a erature class was TRENT’s Waterloo. No one who has ever legislated and got- kitchen in Tunica to thank the cooks But after a less than impressive ten a bill passed with their name on it after a political event, no service was showing on her midterm exam, he re- has had what they really started out to too small, no task too insignificant focused—and one of the things that do. We all must compromise. That is a when it came to serving the people of came into view was a pretty young girl negative term in some people’s mind, Mississippi. he had first met in high school band but it really isn’t if you are a legis- One time, when TRENT was a young practice. One day TRENT told a frater- lator. Congressman, a constituent called his nity brother he had met a girl he want- The special skill TRENT LOTT has, the office to have his trash removed. When ed to date. When he showed him special kind of understanding and pur- TRENT asked why he hadn’t called the Tricia’s picture, the friend said: Yes, I suit of the common good, requires us to town supervisor first, the man replied think you should do that. find common ground. TRENT LOTT em- that he didn’t want to start that high. Then it was on to law school and bodies that skill. He is a true legis- Nobody ever saw TRENT LOTT as a marriage and private practice. Then, in lator. In all my dealings with TRENT Congressman or a Senator. To them, he the winter of 1968, a surprise phone call

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.001 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15795 came that changed absolutely every- His colleagues soon learned that remember at some point in the days thing. It was TRENT’s Congressman, TRENT LOTT’s word was as solid as a and weeks that follow that mis- Bill Colmer. He wanted to know if Mississippi oak. So armed with a rep- chievous grin or a heavy slap on the TRENT would be interested in a job as utation for honesty, charm, wits, and a back or some happy tune we heard him his top staffer in Washington. group of trusted soldiers—including an whistle once when he passed us quickly It was a tough decision. TRENT had Arizona lawyer named JON KYL and a in the hall. never thought of coming here, and the young former Maine State senator Then we will be glad to have served money was not good. But it seemed named OLYMPIA SNOWE—he turned mi- with a man like TRENT LOTT, and re- like a good opportunity. And, as TRENT nority Republicans into a potent legis- newed in the hope that this institution says, he never made a choice in his life lative force, ensuring some of the big- and this Nation that he loves—to bor- based on finances. So he took it. And gest victories of the Reagan revolution. row the words of another Mississip- Tricia was behind him all the way. At the end of the Reagan years, pian—will not merely endure, they will That spring, they packed everything TRENT set his sights on the Senate, and prevail. they could pack into their Pontiac and his opponent in that first race came Madam President, I ask unanimous headed north. It was the first of many right at him. But TRENT was ready for consent that the Senate now proceed to gambles that would pay off for TRENT the fight. When the opponent said the consideration of S. Res. 409, which LOTT. TRENT’s hair was too neat, TRENT po- is at the desk. The new city and its temptations did litely offered him a comb. When he The ACTING PRESIDENT pro tem- not change the boy from Pascagoula. falsely accused TRENT of being an pore. The clerk will report the resolu- He put his energy and his people skills elitist, the pipefitter’s son responded tion by title. to work, learning the rules and cus- the old-fashioned way: He and Tricia The assistant legislative clerk read toms of the House and cementing new met just about every voter in the State as follows: friendships over a glass of Old that summer. The voters could judge A resolution (S. Res. 409) commending the Granddad and a cigar—always a cheap for themselves what kind of guy he service of the Honorable TRENT LOTT, a Sen- cigar—by night. was. ator from the State of Mississippi. The second big gamble came when And, of course, they liked him, and There being no objection, the Senate Congressman Colmer decided to retire. they made him their Senator. And he proceeded to consider the resolution. TRENT wanted to run for his boss’s did not disappoint. Again, he rose Mr. MCCONNELL. Madam President, seat, but he would do it his way. Al- quickly, becoming conference sec- I ask unanimous consent that the reso- though more than 9 out of 10 Fifth Dis- retary and then whip. Then came an- lution be agreed to, the preamble be trict voters were Democrats, TRENT de- other retirement, sending TRENT to the agreed to, and the motions to recon- cided he would run as a Republican. top of the class again as his party’s sider be laid upon the table. It was the hardest race of his life, but leader in the Senate. On passing tough The ACTING PRESIDENT pro tem- TRENT loved every greased-pig contest, legislation, he did not understand the pore. Without objection, it is so or- every county fair, every parking lot word ‘‘no.’’ On working out deals, he dered. rally, and every conversation in every was without equal. The resolution (S. Res. 409) was living room he burst into—often unan- We all saw it up close after Katrina, agreed to. nounced, and usually uninvited. And when TRENT became a ferocious advo- The preamble was agreed to. the voters loved him back. cate for the people of Mississippi and The resolution, with its preamble, Buoyed by the Nixon landslide and a the wider gulf coast, many of whom reads as follows: last-minute endorsement by his boss, would rather live in tents than move S. RES. 409 he won. And so at 32, TRENT had away. And in a fight that brought to- Whereas Chester Trent Lott, a United achieved what so many others in this gether all his skills as a politician and States Senator from Mississippi, was born to country have experienced: the realiza- home State advocate, he won. Chester and Iona Watson Lott on October 9, tion, through wits and hard work, of an We all know how valuable good staff 1941, in Grenada, Mississippi; outrageous dream. The boy from is. TRENT has always had the best. We Whereas Trent Lott was raised in Pascagoula would return to Wash- honor all of them today—past and Pascagoula, Mississippi, attended public ington as the gentleman from Mis- present—for their tremendous con- schools, and excelled in baseball, band, theater, and student government; sissippi full of energy and ready to put tributions. To those who stay behind, Whereas after graduating from Pascagoula it to use. we are glad you will be here. For those High School, where he met his future wife A year later came Watergate, new who do not, we wish you every success. during band practice, Trent Lott enrolled in wisdom, and soon the recognition by TRENT has lived life fully, never the University of Mississippi in 1959; TRENT’s colleagues that he was a lead- afraid to reach higher and always Whereas Trent Lott pledged Sigma Nu, ris- er. ready to accept whatever fate would ing to become its president; formed a singing It was an exciting time to be in bring. Who in this Chamber was not quartet known as The Chancellors; and was Washington. The Reagan revolution impressed by the way he dusted himself elected ‘‘head cheerleader’’ of the Ole Mis- off after stepping down as leader? He sissippi football team; was about to take hold. As TRENT later Whereas upon graduating college, Trent recalled: ‘‘You could feel the political never quit. And there is something Lott enrolled in the University of Mississippi ground shift.’’ And he would play a deeply admirable in that. Law School in 1963, excelling in moot court leading role. To me, TRENT has always been the and as president of the Phi Alpha Delta legal Rising up the leadership ladder, he perfect colleague. We have been in a lot fraternity; revolutionized the House’s whip oper- of tough spots together. He has always Whereas upon graduating from law school ation and found his place in the push helped me in every possible way, and in 1967, Trent Lott practiced law in and pull of counting votes. The only he has taught me a lot. Pascagoula, then served as administrative Member in history to serve as whip in Looking back on his beginnings, it is assistant to United States Representative astonishing to think of how far the son William Colmer until 1972; both Chambers, TRENT put his skills on Whereas upon Congressman Colmer’s re- display every day on the floor and in of Chester and Iona Lott has come. He tirement, Trent Lott was elected to replace some close leadership races over the leaves this place with a remarkable 35- him in November 1972 as a Republican rep- years, three of which he won by a sin- year record of accomplishment of resenting Mississippi’s Fifth District; gle vote. ‘‘If you win by two,’’ TRENT which he can be justly proud and scores Whereas Trent Lott was reelected by the always said, ‘‘you’ve wasted a vote.’’ of admirers from across the ideological voters of the Fifth District to seven suc- But his special gift back then, as spectrum. He will leave a mark on this ceeding terms, rising to the position of mi- now, was his ability to bring people institution that long outlasts the polit- nority whip and serving in that role with distinction from 1981 to 1989; around to his point of view. One of his ical fights of the day. Whereas Trent Lott was elected to the U.S. college friends put it this way: It is hard to believe TRENT will not Senate in 1988 and reelected three times, TRENT could carry on a conversation with be around when we all come back in serving as chairman of the Senate Com- a tree stump—and make it feel good about January and the gavel drops on an- mittee on Rules and Administration from itself. other session. But when it does, we will 2003 to 2006;

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.003 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15796 CONGRESSIONAL RECORD — SENATE December 18, 2007 Whereas Trent Lott was chosen by his Sen- vocate for causes and issues which he me deeply. I was celebrating my reelec- ate Republican colleagues to serve as Major- decides to support. In a word, he is a tion and on vacation. I watched over ity Whip for the 104th Congress, then chosen winner. He gets things done. international news as his words were to lead his party in the Senate as both Ma- I know TRENT and his family will misconstrued—words which we had jority Leader and Minority Leader from 1996 enjoy the new opportunities they will to 2003; heard him utter many times in his big Whereas Trent Lott was chosen by his have following his great career in the warm-heartedness, trying to make one peers to serve as Minority Whip for the 110th House and the Senate. They have cer- of our colleagues, Strom Thurmond, Congress; tainly earned the right to new, less feel good at 100 years old. We knew Whereas Trent Lott’s warmth, decency, burdensome, and more rewarding expe- what he meant, but the wolf pack of and devotion to the people of Mississippi and riences in the years ahead. the press circled around him, sensed the country have contributed to his leg- The ACTING PRESIDENT pro tem- blood in the water, and the exigencies endary skill at working cooperatively with pore. The Senator from Oregon. people from all political parties and of politics caused a great injustice to Mr. SMITH. Madam President, I have be done to him and to Tricia. It was a ideologies; been privileged to serve as a U.S. Sen- Whereas, in addition to his many legisla- wrong, but it was a wrong that was tive achievements in a congressional career ator now going into the 12th year of a righted. spanning more than three decades, Trent second term. In all 12 of those years, it I was privileged to be asked by TRENT Lott has earned the admiration, respect, and has been for me a great privilege and a LOTT to speak for him when he ran for affection of his colleagues and of the Amer- high honor to serve as a colleague of whip. On that occasion, as I thought of ican People; TRENT LOTT. TRENT, I thought of more than my Whereas he has drawn strength and sup- Over the course of those 12 years, leader, my first leader. I thought of port in a life of high achievement and high TRENT LOTT has told me many times him as something much more. I responsibility from his faith, his, beloved that he has visited every State in the thought of him as a friend and as a fa- wife Tricia, their children, Tyler and Chet; Union except Oregon. Notwithstanding ther figure. I recalled on that occasion and their grandchildren; that, this Oregonian feels great pride Now, therefore, be it Resolved, That the words I spoke regarding my own father today in speaking for TRENT LOTT. Senate at his funeral that seemed to define the Notes with deep appreciation the retire- I hope TRENT will come to Oregon someday, and when he comes to Or- man—the man I called dad and the man ment of Chester Trent Lott; I called my leader. They are words that Extends its best wishes to Trent Lott and egon, there is a place I would like to his family; take him. We have in Oregon many were put into the mouth of the char- Honors the integrity and outstanding work groves of very ancient trees. It is tall acter Anthony by the great writer Trent Lott has done in service to his coun- timber. These trees go back 2,000 and Shakespeare. Shakespeare said of Cae- try; and 3,000 years. But because they are old, sar, when Caesar had fallen, these Directs the Secretary of the Senate to occasionally one of these sequoias will words: transmit a copy of this resolution to the His life was gentle and the elements so family of Senator Trent Lott. fall. And when they fall, a hole in the huge canopy in the sky is opened. mixed in him that nature might stand up Mr. MCCONNELL. I yield the floor. When you are in one of these groves, and say to all the world: this was a man. The ACTING PRESIDENT pro tem- you feel something of the presence of I am privileged to call this man my pore. The Senator from Mississippi. the sacred, a sanctuary. That is a feel- friend. May God bless TRENT and Tricia Mr. COCHRAN. Madam President, ing that I often have when I come to Lott and thank God for their service to the decision made by my State col- the floor of the U.S. Senate. Occasion- Mississippi and even to Oregon and to league to retire from the Senate has ally, some tall timber leaves our pres- the United States of America. left me with a deep sense of loss. I re- ence—through retirement or death or The ACTING PRESIDENT pro tem- spect his right to leave the Senate, and from other causes—and when that hap- pore. The majority whip is recognized. I know he will enjoy a well-earned res- pens, a great hole is left in the Senate. Mr. DURBIN. Madam President, I pite from the demands and challenges That is the feeling I have as I con- join my fellow Senators in wishing my that go with this job. template the retirement of TRENT colleague, TRENT LOTT, the best of luck TRENT LOTT has served with distinc- LOTT. In this sanctuary, a great hole in as he begins the next chapter in his tion, and he has reflected great credit the canopy will be opened. life. You are getting to hear your eulo- on our State and Nation. I have en- Madam President, when I think of gies today, TRENT, and they are pretty joyed his personal friendship and the the men I have known, the women I good. Most of us never think we will opportunity to come to know his fam- have known in the Senate, they are have that opportunity. ily, his wonderful wife Tricia and their people of extraordinary ability, but one Senator LOTT and I sure have had our two fine children, Chet and Tyler. stands apart in my mind as how to get differences in the 11 years I have served TRENT and I were elected to serve in things done, and that is TRENT LOTT. I in the Senate, and I guess we always the U.S. House of Representatives in have never seen his equal in the cloak- will when it comes to some issues, but 1972. At that time, he was serving as room. We have all felt his warm slap on serving together this past year as the administrative assistant to Con- our back, a steely look in his eye, and whips for our respective parties has gressman William Colmer, who was the a strong urging to vote this way or given me a chance to work closely with chairman of the Rules Committee in that. But it was always done with un- TRENT on a number of issues and this I the House. So I looked to him for ad- derstanding that we represent not just can say: TRENT LOTT is a committed vice and counsel because of his experi- a party but our country and our States, Republican. He can be a partisan, but ence on the Hill and his insight into and that is where our obligation lies. he cares about the Senate. He under- how the House really worked, as only It was because TRENT was so good, in stands that politics, in the Senate and an insider such as he would know. my mind, that he is still, and will for- in life, is the art of compromise. He has We became friends right away. We ever be, something of an ideal because been willing to reach across the aisle were the first Republicans elected from he was my first leader. What I saw in to try to find a way to make the Sen- our districts in Mississippi since the him was someone who knew this insti- ate work and make our Government Reconstruction period following the tution deeply, who worked relentlessly, work and I respect him very much for Civil War. who could define differences and help that. In due course, we were elected to us to reach honorable compromises so F. Scott Fitzgerald famously deserve in this body, and we have worked that when we went home, we could clared that: ‘‘There are no second acts together over the years on the many look back on something of an accom- in American lives.’’ Well, Mr. Fitz- challenges that have confronted our plishment. gerald obviously didn’t meet TRENT State. I am proud of the example my first LOTT. I will truly miss serving with TRENT leader set for me. It is a high standard. In the first act, TRENT LOTT began in the Senate. I have come to respect I thank you, TRENT, for that standard. his career on Capitol Hill working for a him and appreciate his legislative It is the gold standard, in my mind. Democratic Congressman from Mis- skills and his great capacity for hard I was halfway around the world when sissippi. He then, of course, was elected work. He is a tireless and resolute ad- an event befell TRENT LOTT that shook as a Republican Congressman from the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15797 same State. He spent nearly four dec- adversary with an enemy. TRENT LOTT Houses, we have learned, are vulner- ades in Congress serving the people of will be remembered as someone who able to the fury of nature. Supremacy Mississippi. As a leader in the Senate, preferred to narrow our differences in politicians is even more transitory. he helped steer America through some rather than exploit them. Majorities shift similar to the sands of of the most turbulent chapters in our The junior Senator from Mississippi Biloxi. But some things endure. Honor recent history: Two shutdowns of the has scaled the heights in his political endures. True leadership generates its Federal Government, an impeachment career and he has experienced life’s own legacy. True leaders stake their trial, a 9/11 terrorist attack on our Na- valleys as well. With dogged deter- own claim to posterity’s gratitude. tion, and anthrax attacks on the U.S. mination, he made adversity, whenever That is the stuff of statesmanship, and capital. With my friend, Tom Daschle, it occurred, a strengthening experi- that is the essence of TRENT LOTT. he negotiated the delicate terms of our ence. As one who has shared Senate The gentleman from Mississippi has Nation’s first-ever 50–50 Senate split. Bible studies with both TRENT and his had a lengthy and purpose-driven ca- Seven years ago this week, TRENT beloved wife Tricia, I know that his has reer in this institution, and he will be LOTT stepped aside as majority leader. been a profoundly spiritual journey and greatly missed. With deep admiration Some wondered then whether Senator one that is far from over. and respect for a trusted colleague, I LOTT might be through with the Sen- In a town where talk is cheap—in- wish TRENT and his family all the best. ate. But he stayed and he managed in deed, it is the only thing that is The ACTING PRESIDENT pro tem- a short time to write one of the most cheap—TRENT prefers solutions to pore. The Senator from Utah is recog- remarkable second acts in this Senate sound bites, and he has never mistaken nized. in recent memory. civility for weakness. One of his basic Mr. HATCH. Madam President, when I know TRENT must be feeling mixed principles is to respect others whose I came to the Senate after the election emotions as he leaves the Senate. I can views might differ. More often than of 1976, the chairman of the Judiciary assure my fellow whip he has left a not, he found a way to distill the best Committee was a very distinguished mark and will be remembered for a of each, which to me is the definition gentleman from Mississippi named long time, not for seersucker Thurs- of a statesman. James Eastland. I can remember the day, not for wearing kilts on the floor His ability to get things done—to first time I met Senator Eastland as a citizen newly elected to the Senate, of the Senate, TRENT LOTT will be re- work effectively and foster relation- membered because he is one of us. ships with colleagues from both par- when nobody thought I was going to I wish Senator LOTT and his wife ties—resulted in his numerous tri- make it. I was invited into his office Tricia and his family the best of luck umphs as the Senate majority leader. and the first thing he did was offer me as they begin another new act. In his first year as leader, he person- a cigar. I said: ‘‘Well, I am sorry, sir. The ACTING PRESIDENT pro tem- ally led his colleagues to pass two land- My faith does not permit me to pore. The Senator from North Carolina mark legislative items: Welfare reform smoke.’’ He said: ‘‘Well, then, have a is recognized. and the budget compromise, which re- drink.’’ I replied: ‘‘Well, sorry, sir, but Mrs. DOLE. Madam President, Harry sulted in the first balanced budgets my faith doesn’t permit me to drink.’’ Truman was wrong. Truman famously with surpluses in 30 years. Senator Eastland then exclaimed very defined a statesman as ‘‘a politician Of course, the Senate is also a fam- loudly: ‘‘What the expletive is the mat- who has been dead for 20 years.’’ It is a ily, and on this day, I must mention ter with you Mormons?’’ good line, but it wasn’t true then, as some of my most cherished memories I want everybody to know Senator Truman’s own career attests, and it is in the Dole family album, of TRENT and LOTT has never offered me a cigar nor has he ever offered me a drink, al- not true today. That said, we can never Tricia campaigning for me in Rocky though I think he has been tempted a have enough statesmen and women to Mountain, NC, in the autumn of 2002; of Bob Dole showing up for the Spouses few times. validate our democratic creed, which Let me say this: I have such admira- makes our sense of loss all the greater Club, presided over by Tricia, though tion for Senator LOTT and his wife when an authentic statesman leaves begging off on a tour of the Capitol since he said he had already seen the Tricia and for the love and respect they this place. have shown to all of us and this insti- For 35 years, TRENT LOTT has served place. Nor will I ever forget sitting in TRENT’s cherished rocking chair on the tution, and for all of their hard work. the people of Mississippi with distinc- It is no secret that I bitterly resent tion, never forgetting their interests, front porch of his Pascagoula home—a home that would vanish on a brutal the way Senator LOTT was treated even as he advanced our national inter- after Senator Strom Thurmond’s 100th ests: Economic development for Mis- morning a little more than 2 years ago, when a tempest named Katrina scoured birthday party. It was wrong, and it sissippi, meeting transportation infra- was hitting below the belt. It would structure needs, persuading businesses miles and miles of Mississippi coast- line. have crushed any one of us to go to build plants and provide jobs. His ef- through what he went through, facing fectiveness is legendary, whether Similar to so many who looked out on the gulf, the Lotts lost everything such harsh attacks knowing that he championing a strong national defense, certainly did not mean to say what encouraging entrepreneurship in a dy- that day—everything but life and love and the faith that gives to them both a others tried to put in his mouth. But namic economy or expanding both edu- TRENT fought his way back, kept his cational opportunity and account- meaning that no storm can wash away. In the years since, the victims of head high, became a friend to every- ability. Through it all, TRENT kept body in the Senate again the very next faith with the people who sent him Katrina have had no more passionate advocates than TRENT and Tricia Lott. day, and, of course, won the respect of here. Just as he long ago earned their virtually everybody who has ever trust and confidence, so he impressed No one has worked harder, longer, to ensure that we honor the promises known him or what he stands for. Members on both sides of the aisle with I have tremendous respect and love his integrity and his decency. made to our fellow men and women along the gulf coast. As the mayor of for TRENT and Tricia for the sacrifices The only person ever to serve as a they have made for their State and for Gulfport said about TRENT: party whip in both Houses, TRENT soon this country. He and Senator COCHRAN Although suffering catastrophic personal became much more than a party lead- have been one of the best duos in the er. To his lasting credit, he helped con- losses himself, he has tirelessly fought our battles and won our wars for us time and history of the Senate—two real gentle- vince us tax cuts were the road to eco- again. His legacy will be recognized in every men, two strong, tough people. But, nomic revitalization. At the same corner of our great State and the pages of they are also two people who have time, he argued for a bipartisan ap- history will reflect the honor and service of shown respect for this body and all of proach to education reform. In the the Senator from Pascagoula who restored its members in ways that not many bleak aftermath of 9/11, TRENT ap- hope in the citizens of Mississippi. others have. pealed to what Abraham Lincoln called I would add I have great respect for All I can say is I wish Senator LOTT the better angels of our nature. Similar Tricia’s enormous efforts to provide and Tricia the best of luck in all of to Ronald Reagan, he wears an opti- needed supplies and hope to the their future endeavors. While I am cer- mist’s smile, for he never confused an Katrina victims. tain he will be an asset to any effort

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.006 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15798 CONGRESSIONAL RECORD — SENATE December 18, 2007 with which he becomes involved, I am been visited upon them. It was this The ACTING PRESIDENT pro tem- equally certain the Senate is going to service, after he had already concluded pore. The Senator from Pennsylvania. be a lesser place without him. that his time had come to move out of Mr. SPECTER. Madam President, I Supporting Senator LOTT throughout public service, that I think illustrates noticed the Senator from California his time in the Congress is one of the perhaps better than anything else his and I rose virtually simultaneously. I most beautiful and noble women in the devotion to the people of Mississippi, yield to her. history of the Senate. Tricia Lott has to his friends there. He did not decide Mrs. FEINSTEIN. Madam President, been the quintessential Senate wife, to leave the Senate until his work was I thank the Senator from Pennsylvania and I doubt Senator LOTT would have done, and for that the people of Mis- very much. It is very generous of him. been as great as he has become had it sissippi, I know, will be forever grate- My remarks are very brief and they are not been for his relationship with ful to TRENT LOTT. very personal. Tricia. TRENT has always been known as TRENT, I want you to know how much Elaine and I are going to greatly being a person who has been able to I have enjoyed working with you. I miss you, TRENT. I know I am not sup- find the common ground among his col- have enjoyed your friendship, I have posed to refer to you by your first leagues. That is a very special skill. enjoyed your sense of humor and, yes, name, but I am going to make an ex- Some people call it dealmaking. Some I have even enjoyed your singing. ception in this case. We will always be people talk about it in terms of the art (Laughter.) I have found you to be both forth- pulling for you, your success, and your of compromise, frequently talking right and truthful. I have found that happiness in this life. This old Senator about TRENT’s ability to move across when you give your word, you keep it. is going to miss you greatly. We are the aisle and to work with friends on I tend to judge people on two bases: going to miss the efforts you put forth. both the Democratic and Republican how they go through the tough times We are going to miss the talents you side. and whether I would want to be in a have. We are going to miss the energy I think his ability to do this, which is bunker with them in a real debate. you bring to the Senate. And, we are unprecedented in my 21 years in Wash- ington or unequaled, I should say, is I watched you go through the tough most certainly going to miss your abil- times. I remember you showing me a ity to bring us together, making better due to a variety of qualities. First, TRENT’s intelligence; second, his picture of a chair that had gone a mile Senators out of us all. from the home that blew down in the God bless the Lotts. We in the Senate boundless energy; third, his knowledge of the institutions, of both the House hurricane. I remember your fight with will surely miss them. the insurance company, and I can only The ACTING PRESIDENT pro tem- and the Senate. Again, I know of no equal in terms of the knowledge of how say to that insurance company: Give pore. The Senator from Arizona. up, you are going to lose. Mr. KYL. Madam President, about these bodies work and how we can achieve great things by working with I want you to know how much I exactly 21 years ago, after I had been treasure the relationship we have had. elected to the House of Representatives people in both bodies. His knowledge of the nature of man— You have a great future. For you and from the State of Arizona, my wife your family, you are probably doing Caryll and I came to Washington and this is something my father taught me and I have tried to learn from people the right thing. For us, it is going to be almost immediately met TRENT and such as TRENT LOTT—what makes peo- a real loss. I want you to know how Tricia Lott. In fact, we have a photo- much I enjoyed the times we had so- graph that is displayed in our home ple tick—you can find that common ground and achieve great things if you cially, the seersucker caucus, seeing with TRENT and Tricia on which TRENT understand people. I think that is one you turn up here in white bucks, all made a wonderful inscription. clean, spotless, a seersucker suit, a I learned from the very beginning of TRENT’s greatest qualities and one which will be missed in this body. And, pink shirt, and a pink tie. No one in that TRENT LOTT was a leader—a leader of course, his commitment to what he seersucker quite equals you, TRENT in the House of Representatives and a LOTT. For me, a westerner, to see a leader among his colleagues. I have has always believed was right for Mis- sissippi and America. Also contributing southerner at his peacock best was in- been following TRENT LOTT ever since to his success is his faith, and it sus- credibly special. as House whip, as Senate whip, as Sen- tained him more than we will ever I thank you for your contributions to ate Republican leader, and as a col- know. And finally, of course, his fam- the Senate. I thank you for your league in battles too numerous to men- ily. friendship. I wish you well, and may tion. It is interesting that everybody who the wind always be at your back. Chaplain Black began this morning has commented about TRENT’s service I yield the floor. asking that we come here to serve. No in the Senate has quickly moved to The ACTING PRESIDENT pro tem- State has ever been served better than also comment about his commitment pore. The Senator from Pennsylvania. by their representative TRENT LOTT. He to his family and in particular his won- Mr. SPECTER. Madam President, I always puts Mississippi first, yet al- derful wife Tricia. It has to say some- join my colleagues in expressing my ways is able to balance his devotion to thing when that is one of the first heartiest congratulations to my good his constituents with the national in- things people think of when they think friend, Senator TRENT LOTT, on his his- terest and with his responsibilities in of you. I know if that is the way TRENT toric career of 35 years as a member of representing his colleagues. is remembered, he will be a very happy the U.S. Congress. I also express deep That he came to serve, again to use man. regrets that following the new year, we the Chaplain’s word, is best illustrated TRENT LOTT has been serving almost will no longer have TRENT LOTT as a by his decision to run for reelection a his entire adult life. The people of Mis- member of this body. His announce- year ago. Many of us knew TRENT had sissippi, the people of America, his col- ment that he will be retiring was a come to believe that he had to leagues in the House and Senate, and I shock to some of us here in the Senate. prioritize his family responsibilities have been honored to serve with TRENT TRENT has been the embodiment of and had concluded it was about time for 21 years. I have learned a lot. Most what’s good in this body for so long, for him to leave public service. But the importantly, I have enjoyed my time that it will be difficult to think of the catastrophe of Hurricane Katrina hit with TRENT, especially quiet time. United States Senate without the Sen- the coast of Mississippi, destroying not Now it is time for TRENT to serve his ator from Mississippi. I applaud only the Lotts’ home in Pascagoula but family more in accordance with his pri- TRENT’s outstanding service to the peo- so many of the homes and businesses of orities, and no one can argue that he ple of Mississippi, and the nation which his friends in Mississippi. It did not has not earned that right. he has successfully undertaken in both take TRENT too long in pondering what So TRENT LOTT, a man for all sea- wings of the U.S. Capitol. he faced to conclude that he owed it to sons—Representative, Senator, serv- TRENT LOTT was born on October 9, his constituents in Mississippi to con- ant, leader, husband, father, and grand- 1941, in Grenada, MS, the only child to tinue to use his skills in Washington, father, proud American and Mississip- a shipyard worker, Chester Lott, and a DC, to represent them, to help them re- pian and friend—thank you. God bless school teacher mother Iona. TRENT at- cover from the devastation that had you. tended a high school which in later

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.008 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15799 years would bare his name, the Trent Act of 1996 and bringing balance to the was almost as if he were in Club 21. Lott Middle School. LOTT went to the Federal budget for the first time since Here again, moving in and out with a University of Mississippi where he 1968, were both accomplished under great deal of speed and, again, the con- achieved an undergraduate degree in TRENT’s leadership. However, I was versations and what I surmise at some public administration in 1965 and a law most impressed with the role TRENT distance to be success. degree in 1967. During his time at col- played in the impeachment proceedings He has been characterized as a deal lege he met and married his wife Patri- for President Bill Clinton. Working maker, a term which is not always cia Thompson in December 1964. To- with him during this difficult time in used in the highest sense, but with gether the couple had a son and a our country’s history was an experi- TRENT LOTT it is. The great problem daughter, Chester and Tyler. ence I will always remember. with our body is there are not enough After graduating from law school, Aside from a distinguished career as deal makers. Not enough Senators will- TRENT began a law practice in majority leader, Senator LOTT has been ing to come to an accommodation. It is Pascagoula, MS, but leaving after less a champion for his own State of Mis- an understanding of the varied points than a year when he was offered a job sissippi. Recognizing that the top pri- of view. working in Washington as an adminis- orities in Mississippi are an expanded On the rare occasions when I have trative assistant for Congressman Wil- transportation system and innovative disagreed with a majority vote—may liam Colmer, a Mississippi Democrat. education, TRENT time and time again the record show TRENT is smiling—he When Congressman Colmer announced proved to the people of his State his has been understanding in his leader- his retirement from the House of Rep- ability to deliver. He has secured Fed- ship position, never conceding, and fre- resentatives, TRENT LOTT announced eral funding to improve Mississippi’s quently advocating, but always under- his candidacy as a Republican to seek transportation expansion and has more standing. the vacant office. LOTT, even as a Re- than doubled research funding for Mis- If there is one thing this body lacks, publican, won Colmer’s endorsement, sissippi’s public universities. Recog- it is a sense of accommodation. That is vowing to fight the increasing power of nizing TRENT’s leadership through pub- evident by anybody who will take a Government that was developing in lic service, the University of Mis- photograph of the Chamber today and Washington. LOTT went on to win the sissippi in Oxford, where he received note how many people on the other seat with 55 percent of the vote. The both his undergraduate and law de- side of the aisle have appeared here. I next 35 years would mark a series of grees, named its leadership institute hope their numbers will be increased extraordinary moments in history as after him. before this proceeding is concluded. TRENT LOTT begins his career as a On a personal note, I believe all my The business about our political Member of Congress. colleagues can agree with me, that process being dominated by the ex- I have had the privilege of serving along with his remarkable accomplish- tremes of both parties is very much to with TRENT in the Senate for the past ments in Congress, what we will miss the detriment of the country. Those 19 years. I have watched him through- most about TRENT is his affability, who are willing to cross the aisle, as out his Senate career develop into a commonsense persona, and his enjoy- the last speaker did on the Democratic strong and effective leader, mastering able sense of humor. He brings a breath side, the Senator from California, the the art of compromise, a feat which is of fresh air to Washington, a town country owes a great debt of gratitude hard to accomplish in these times. which desperately needs it at times. No to. And to those such as Senator LOTT These qualities served TRENT well as he one questioned TRENT’s motive when who have been able to forge com- climbed the ranks in House and Senate he revived a long-forgotten Senate tra- promises, it is in the greatest tradition leadership: he served as House minor- dition known as Seersucker Thursday, of the Senate and the greatest tradi- ity whip from 1981 to 1989; Senate ma- a tradition which this Senator has par- tion of the United States. jority whip for 5 months in 1995; and in ticipated in, and will continue to par- Just a word or two about his char- June of 1996, he succeeded my good ticipate in. acter. I attended the 100th birthday friend, Senator Bob Dole, to become Senator TRENT LOTT’s service and party of Senator Thurmond on Decem- the 16th majority leader of the Senate. leadership were invaluable to this in- ber 4, 2002. I have seen many comments stitution. Truly a great Senator, he TRENT served a brief stint as minority blown vastly out of proportion during leader after the 2000 elections produced will be missed in this body. I wish him, my tenure in the Senate and before, his wife Patricia, and all his family the a 50–50 split in the Senate, with Vice but never have I seen one blown as very best in the years to come. President Al Gore still being the much out of proportion as that one I am pleased to join in this tribute to tiebreaking vote. As the Bush adminis- was. And I said so at the time. My Senator LOTT. My only regret is that it record on civil rights is one which no tration came into office, with Vice is occurring perhaps 18 years too soon. President DICK CHENEY now being the I would characterize TRENT’s at- one yet has questioned. What Senator tiebreaker, control went back to the tributes, among many, as his talent, LOTT said was in no means out of line. Republicans and TRENT resumed his du- his character, and his flair. He has And then to continue in the Senate and ties as majority leader. Later in 2001, brought to this body enormous intel- really move as a Member without lead- TRENT would once again become Minor- lectual capability and great street ership credentials was to his enormous ity Leader as Senator Jim Jeffords, a smarts. Ordinarily, the two do not go credit. Then to come back and to run Republican from Vermont, became an together, but with TRENT, they have for another leadership position and be Independent and caucused with the been united to the great benefit of the successful was in the greatest tradition Democrats, allowing them to regain body. of the Phoenix rising from the ashes. I the majority. Presumably, TRENT will We have watched TRENT in his posi- haven’t seen any greater display of leave the Senate while serving in his tions in the Senate before taking a character in this body in the time I most recent leadership position; he was leadership role after his election in have been here. elected this Congress to serve as the 1988, being the majority leader, and the Then there is the matter of flair, Republican whip. Senator TRENT LOTT way he makes contacts on the Senate which this body needs more of. Always is the first person to have served as floor. We all move around, none with a smile, always a pat on the back, al- whip in both Houses of Congress. the speed and alacrity of TRENT LOTT. ways the joviality, and the great tradi- Drawing on his impressive experience There is always an intensity to his con- tion of seersucker Thursday. It is al- as a legislator and a negotiator, major- versations. He doesn’t buttonhole peo- ways an interesting time when people ity Leader, LOTT was instrumental in ple or he doesn’t lean over as Lyndon come, not recognizing seersucker promptly moving legislation from Con- Johnson was reputed to have done, but Thursday. One day, our leader, Bill gress to the President’s desk. Working there is a real intensity. Usually at the Frist, went out and bought a suit—and harmoniously with the executive and end of the short conversation, the I have a picture hanging proudly in my legislative branches of Government, other person is nodding in the affirma- outer office—and Bill couldn’t get the the country witnessed landmark bills tive. trousers adjusted, and the highlight of being signed into law. Major policy ini- At our Tuesday luncheons, the way the picture is the unadjusted trousers tiatives, such as the Welfare Reform he moves around from table to table, it of one of our Senate colleagues.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.013 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15800 CONGRESSIONAL RECORD — SENATE December 18, 2007 Let me end on a note which I have atives in 1974. He had already been in encouraged economic growth and were debated whether I should comment the House of Representatives at that vital to mitigating the economic shock about, but it is relevant because of the time for 2 years. As has been said so of the terrorist attacks of September response TRENT made to a short story I many times, he went on to become a 11, 2001. By spurring economic activity, told recently at the celebrity comedy very competent House Republican those tax policies altogether resulted evening. I dusted off an old story from whip, first showing what a successful in recordbreaking revenues collected mayor Bill Daley at the 1968 conven- national leader he would prove to be by the Federal Treasury. tion and made TRENT the object of the again and again, as he is now in that Senator LOTT has brought tremen- story. It went to the effect that when position in the Senate. dous energy to policy and tremendous TRENT came back to the Senate after I also remember talking with Con- energy to getting the work of the Sen- the losses in Mississippi, he was dev- gressman LOTT 8 years after I came to ate done. But I am going to remember astated and very glum. the Senate, as he was imagining wheth- his contribution to the policy this Sen- I approached him on the Senate er he should run for the Senate. But it ate has made—very good policy—and Floor one day and said: TRENT, why are has really only been in the last 12 years he has been there working very hard as you so unhappy? What is wrong? that I have had the opportunity to a member of the Senate Finance Com- I knew, in one sense, but he seemed work most closely with Senator LOTT. mittee to do that. The drive to get the especially morose. He has been a very strong ally, particu- work done has helped me get my work He said: Well, ARLEN, not only was larly for me as a leader on the Finance done in the Senate. my entire property destroyed in Mis- Committee, but he has also, on occa- Now, there is no doubt he served his sissippi, but my entire library was de- sion, been a worthy opponent. constituents of Mississippi very effec- stroyed—both books—and I wasn’t fin- Senator LOTT has fought tirelessly tively. After nearly three decades in ished coloring one of them, either. for legislation that respects the prin- the Senate, he showed his loyalty by Well, that little bit of joviality at ciple of less government and more free- staying in the Senate after a planned TRENT’s expense was met with his ap- dom, particularly economic freedom. retirement just last election. He de- proaching me on the floor—and this His support for tax relief, expanded cided to run for reelection in order to part of the story is true and what market opportunities for U.S. manu- do what he has done for an entire life makes it perhaps relevant to these facturers and for job creation, and for as a public servant—to help the people comments—and with a scowl on his consumer-driven health care has been of Mississippi, and in this specific in- face, he said: ARLEN, I thought you and essential to the many successful legis- stance to help the people of Mississippi I were friends. We have been in this lative initiatives that have come from recover from Hurricane Katrina. Mis- body a long time together. Now I hear the Committee on Finance in recent sissippians didn’t quit, and neither did you are making me the butt of jokes at years. Senator LOTT quit. He used his influ- comedy hour, so I don’t really under- Back in 1997, as a new member of the ence and power in the Senate to help stand. And besides your unfairness and Finance Committee, Senator LOTT his State recover. your incivility, you are wrong—I have worked for passage of the Tax Relief As a Republican leader in the Senate, more than two coloring books. Act of 1997. This legislation included a TRENT LOTT’s experience and knowl- In a sense, that characterizes TRENT $500-per-child tax credit, a 20-percent edge of the Senate and the Senate’s LOTT’s magnanimity, and we are all capital gains tax rate, the Roth IRA, procedures have proven to be invalu- going to miss him very much. He has and estate tax relief for small busi- able. It will be a long time, if ever, that made a great contribution. When nesses. In fact, Senator LOTT was a we see anyone work the whip process TRENT decided there was another leading proponent of capital gains tax better than Senator LOTT has. course for him and his family, I had relief, and he remains unfailing today Senator LOTT leaves the Senate with great respect for that decision as I in his commitment to this vitally im- a great legacy of accomplishments. have great respect for him. portant progrowth tax policy. Woven throughout everything, though, The ACTING PRESIDENT pro tem- In 1998, Senator LOTT was a key play- is Senator LOTT’s ability to lead. He pore. The Senator from Iowa. er on the Finance Committee in put- demonstrated repeatedly his talents Mr. GRASSLEY. Madam President, I ting together a final agreement on the and abilities for building winning coa- had an opportunity to hear the first highway bill. litions. He led with commitment to half hour of this tribute to Senator In 2001, when I became chairman of getting things done. He understood LOTT, and then I had to go on to an- the Finance Committee and we had the that there are different points of view other piece of business, and I have just opportunity to pass the largest tax re- but that they can be brought together returned. But in all of this conversa- lief bill in a generation, Senator LOTT for the right approach that brings re- tion about Senator LOTT, there has was Republican leader at that time, sults and, as a result, good policy. been some levity. I am not going to be but he continued as a member of the I salute Senator LOTT’s tremendous able to add to that because my wife al- Finance Committee and in turn an es- success as a leader in the Senate, and I ways tells me every time I try to be sential supporter and contributor to am truly sorry to see Senator LOTT funny, I kind of screw up. So I want to what has become known as the Eco- leave the Senate. I will miss him as a add to the business aspect of Senator nomic Growth and Tax Relief Rec- colleague and as a friend. TRENT LOTT LOTT and the Senate. onciliation Act of 2001. This legislation has made the Senate, he has made his I think most of the tribute I heard lowered rates for all taxpayers, made home State, and, for sure, the Nation a praised Senator LOTT for making the the Tax Code more progressive, and better place. Senate work, the process of the Senate, created the first ever 10-percent mar- Thank you for your service, TRENT moving things through the Senate, ginal tax rate. LOTT. making the Senate a great part of our Two years later, after September 11, The ACTING PRESIDENT pro tem- institution of self-government, and he we were at work on the Finance Com- pore. The Senator from Maine. does that. But I would like to talk mittee to pass legislation to stimulate Ms. SNOWE. Madam President, I about the substance of policy I have the economy. Again, Senator LOTT was wish to join all of my colleagues, sadly seen TRENT LOTT bring to the Senate in the forefront as an advocate for re- and regrettably, in a big farewell to my and bring to the people, and whatever I ducing the capital gains tax rate to 15 very good friend, a good friend to this talk about is part of the laws of the percent, where it is today. Senator institution, a giant in this institution, United States to which I think he has LOTT weighed in heavily to get it done. as TRENT prepares to leave the Senate contributed. Also, with lowering taxes on income and usher in a new chapter of his Like all of my colleagues, it is hard from dividends and capital gains, the much-accomplished life. With his 35 for me to imagine the Congress, and es- Job Growth Tax Relief Reconciliation years of distinguished service, his leav- pecially the Senate, without TRENT Act of 2003 accelerated some of the tax ing the Senate represents an enormous LOTT being a part of it. changes passed in 2001 and increased loss to our Nation and to his beloved I met my friend TRENT LOTT when I the exemption amount for the alter- State of Mississippi, to the Senate, and was elected to the House of Represent- native minimum tax. These initiatives to many of us personally.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.018 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15801 There is no question that it speaks that would have eluded others. In fact, The ACTING PRESIDENT pro tem- volumes about his dedication and com- we were able to obtain a 100-percent in- pore. The Senator from Michigan is mitment to his beloved State of Mis- crease in defense spending in 5 years. recognized. sissippi when he could not and would That is what he was able to accom- Ms. STABENOW. Madam President, I not leave the Senate until his State plish, because he systematically and rise today also to express my friend- found solid ground and footing in the mathematically as well as philosophi- ship and gratitude to the great Senator aftermath of the horrific devastation of cally worked with people across the po- from the State of Mississippi. When I Hurricane Katrina. litical lines to make it work. As he think about comments that have been I must admit I feel as if I bear some says himself, he is a congenital doer, said about his effectiveness, I have to responsibility in TRENT’s leaving the who wants to solve the problems of this say from this side of the aisle, we have Senate. You see, a few weeks ago, prior great Nation. lamented his effectiveness from time to the recess, TRENT said: Olympia, if It is no surprise, then, that he would to time—and appreciated, as well, the you don’t vote with me, I am leaving be the first person elected to whip in desire and the practical side of the Sen- the Senate. Always the straightforward both the House and Senate. He rose ator from Mississippi, to want to get approach. TRENT, I just didn’t realize rapidly here within the ranks of leader- things done, to be able to make things you were serious. So I am a little re- ship, with the culmination as Senate work. I, for one, am very grateful for lieved to know it wasn’t about me. majority leader in 1996. He characteris- that. I am assuming some of that comes But, you know, I have known TRENT tically wasted no time once again ap- for 28 years, since we first served to- from having been on the staff side as plying the same formula for coalition well as having been in the House and gether in the House of Representatives, building and achieving the passage of and I have always known him to be an the Senate and learning how things watershed legislation, as has been men- work and valuing governing, valuing adept and thoughtful legislator in his tioned—whether it was the minimum various leadership capacities in both relationships, and wanting to get wage, Kassebaum-Kennedy legislation things done. the House and Senate. He forged the on health care portability, the land- template for reaching out and solving Back in my home State of Michigan, mark welfare reform, even after it had when I talk about the legislation Sen- problems and strengthening the respec- been vetoed twice by the President. ator LOTT and I have championed, folks tive institutions in which he served. We all know during that period of raise their eyebrows. What are you two I saw firsthand his masterful skills as time as well his tenure was bookended minority whip when he was elected in doing working together on something? by unprecedented and historic events— I talk to them about the fact that if it 1981. In 1982, he raised a few eyebrows the impeachment trial, a 50–50 Senate when this conservative man from the weren’t for Senator LOTT and his lead- for the first time in 120 years, and the ership, joining with me, we would not South named a centrist woman from worst attack on American soil. He Maine as his chief deputy whip. That have achieved something important managed to achieve the first balanced earlier this year based on legislation was groundbreaking at the time be- budgets in probably more than a half a we introduced to provide more com- cause it was the first Republican century. He, as we all well know, guid- petition in the area of prescription woman to serve in that capacity. But ed this institution with dignity and drugs, and to lower the price of pre- in 1981, we only had 192 Republicans in skill during those tumultuous times. scription drugs through the ability of the House, and TRENT demonstrated his On a more personal note, one of the generic drugs to come into the market- legendary abilities to cross party lines, crowning achievements of his persua- place. We were successful in amending secure the votes, and was so instru- sive powers is when, as others have the FDA bill. It got tough in con- mental to instituting President Rea- mentioned here today, he was deter- ference. A lot of folks didn’t want to gan’s agenda. So it was no surprise mined to dedicate Thursday, one sum- see those loopholes closed. I thank that President Reagan would fre- mer day, for Seersucker Day. He ap- TRENT for hanging in there or we would quently call TRENT and his whip orga- proached me with the idea. He said, not have achieved that. Businesses nization to the White House, because OLYMPIA, are you going to wear a seer- around the country will benefit from he knew TRENT was central and crucial sucker suit? I said, TRENT, be serious; I lower prices on prescription drugs for to securing those early threshold vic- am from Maine. We don’t wear seer- their employees as a result of your torious for his key initiatives. leadership. Seniors will benefit as a re- For those who served at that time in sucker suits and I will not wear it. Not sult. I thank you for stepping up at the the House of Representatives, we had over my dead body. time when it was not easy to do. epic budget and tax-cut battles. We Of course, when Seersucker Day arrived, I showed up in a seersucker suit, It has been a great pleasure to work were rebuilding our hollow forces after with you in many different ways. I Vietnam and of course the Cold War to his surprise, alive and well. But that is an indication of his ability to per- have to say also, always to me you was in full force. Indisputably, TRENT have been a southern gentleman. I, too, rose to the occasion time and time suade. Finally, I think there can be no dis- never thought in my wildest dreams I again. He was a consummate coalition would wear a seersucker suit. Along cussion of TRENT’s legacy without pay- builder. He created what he described with Senator SNOWE, and with the help as the buddy system, bridging the po- ing tribute to his extraordinary wife Tricia. Theirs is truly a special part- of Senator FEINSTEIN—who chided and litical divide, understanding that there pushed and persuaded all of us, and nership. I know TRENT would be the would be regional, political, and philo- helped all of us be able to find seer- first to say he could not have done any sophical differences that would divide sucker suits—we have all joined and of it without Tricia. She in her own us, but he would find a way to unite us. had a great time every year being able right has contributed immeasurably, in At that time we had, what was it, to come together for that great picture both the House and the Senate, and Gypsy Moths, which were the North- I have in my office. east-Midwest Republicans, those of us their wonderful children as well. I know you will be missed on both who were there, Republicans, and then To the Senator from Mississippi, Sen- sides of the aisle. We understand that the Boll Weevils, who were southern ator LOTT, you have been a pivotal and you understand the process. I know Democrats. I will leave it up to you to positive and powerful force for the good your book ‘‘Herding Cats’’ reflects decide whether it is appropriate to for our first branch of Government, what in fact it is oftentimes in the leg- name Members of Congress after in- bearing a close resemblance to what islative process. But you have been sects. Nevertheless, that was the re- our Founding Fathers had in mind— able to do the herding and been able to gional divide and it was TRENT’s chal- Madison in particular—when he said he get people to come together, and you lenge to bridge that divide, and he did expected of the Senate ‘‘to prefer the will be known for being an extraor- it time and time again. Even after the long and true welfare of our country.’’ dinary leader in the Senate. 1982 election—we lost 26 Republican It is with profound gratitude we say I rise today to congratulate you, to seats in the House of Representatives, farewell and wish you well. God bless thank you, to wish you and Tricia and now we were down to 166 Members of you and Tricia and your entire family. your children and grandchildren noth- the House—he managed to secure votes I yield the floor. ing but happiness as you move to the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.019 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15802 CONGRESSIONAL RECORD — SENATE December 18, 2007 next chapter of what I am sure will issue of the time. We had one of those, Maybe it was because he did not stay continue to be a very meaningful and where some members of the Republican long, because he remembers that we exciting life. conference deserted leadership and were noisy—playing the piano, staying The ACTING PRESIDENT pro tem- there was a sense of great anger. Some up late, as he said yesterday, having pore. The Senator from Utah. people were talking about retaliation. parties, and then getting up at 6 a.m. Mr. BENNETT. Madam President, TRENT taught me this great truth. He in the morning and going to work. one of the words we often hear as peo- said: The most important vote is the So for whatever reason, maybe be- ple talk about relationships is the word next one. Do not allow your concern cause of those differences, our friend ‘‘mentor.’’ It is always assumed that over that vote to damage your rela- from Mississippi moved out after a few the older person mentors the younger tionship that you may need on the next months. Tricia and Chet came to Wash- person. The record is clear that I am 8 vote. ington, I believe, and he continued his years older than TRENT LOTT. But the Those among us of the Republican job with Mr. Colmer, the Congressman, record is also clear that he has acted as conference who wanted to retaliate— from the area where he grew up. my mentor as I have come here to the TRENT did his best to say to them: No, My other roommate was Glover Rob- Senate. don’t carry that grudge, don’t carry ert, who was from Gulfport and who We have all heard about his legisla- that forward. Understand, the most im- had introduced us all to TRENT, and tive accomplishments. I wish to pick portant vote is the next vote. who later was TRENT’s campaign man- out three items of my relationship Those were the three things I wanted ager in his race for Congress. I can re- with TRENT where he has taught me to highlight that I have learned from member Glover saying at that time things that have been valuable. When TRENT. But I want to point out that he that everybody in Mississippi knows TRENT ran for the whip position, I himself, when the blow fell—as Senator TRENT LOTT is one of two young men in worked for the election of Alan Simp- SPECTER has said, in a vastly over- Mississippi who is going to grow up to son. I didn’t know TRENT all that well. blown reaction to an appropriate com- be Governor of Mississippi. The other Alan and I were friends from long ago. ment—he himself demonstrated in his young man who Glover talked about We first met up in the family gallery own life his commitment to those prin- was THAD COCHRAN, who we also met when our respective fathers were being ciples. He did not allow anything that that year in 1968. He was also a Demo- sworn in as Senators. He introduced me had happened as a result of that to de- crat in 1968. Neither of them grew up to to his child bride and I introduced him stroy his relationships, the friendships be Governor of Mississippi, at least not to mine. He made the Simpson-like he had built. Even if there were some yet. But one became the chairman of comment. He said: who could have been attacked for hav- the Appropriations Committee, and one Having married younger women, this ing abandoned him, he did not attack became the leader of the Senate, and means in our older age we will smell perfume those relationships. He did not show both are our friends. instead of liniment. any desire to retaliate. He may have Now TRENT, after 35 years in Con- After I got to know TRENT and appre- felt it. Indeed, he would not be human gress, is moving on to the next chapter ciate his abilities, I made the com- if he didn’t. But he came back to the of his life. I understand his decision. ment, If I had known you to have been Senate with his optimism showing, his We talked about it. As far as anyone as good a leader as you are, I would determination to stay calm, his deter- can say from outside the Lott family, have voted for you in the beginning. He mination to stay engaged and not it looks like a wise decision on a per- corrected me and said, No, your rela- allow a sense of revenge or retaliation sonal basis. But on a personal basis tionship with Simpson was so strong to take him over. That, of course, too, I am truly sorry to see him go, be- and so personal that you should have served him in good stead when he was cause over those 40 years, we have been supported him, and I didn’t even ask returned to leadership by the same in different places most of the time—I you because I respected that relation- massive majority that he had when he mostly in Tennessee, he mostly here— ship. took the whip’s job the first time—by 1 but we have stayed in touch in many That was a very important thing he vote. different ways. taught me there about relationships This is a man we shall miss. This is When our roommates got together at and commitments that I have tried to a man who has taught us a lot. This is the Governor’s mansion in Tennessee remember ever since. a man who served as a mentor to me, in the 1980s, I remember reading to the Second: As a freshman Senator who and because of him, I now own a pair of group after dinner from a book on man- was sure I understood the institution, I white bucks. ners. When I came to the Senate, I removed out aggressively in a variety of The ACTING PRESIDENT pro tem- ceived a book, ‘‘George Washington’s circumstances and suddenly found my- pore. The Senator from Tennessee is Rules of Civility,’’ that was inscribed, self caught in a vice between two very recognized. ‘‘To my friend, Senator Alexander, the senior, very powerful, very opinionated Mr. ALEXANDER. Madam President, history professor, Trent Lott.’’ Senators, whose names I shall not dis- once upon a time in the spring of 1968, In 1986, I became a little bit exas- close. even before TED STEVENS was a Sen- perated with the House Republicans I didn’t know what to do. Whatever I ator, a young man with carefully from a distance and I called up TRENT did, I would offend one or the other and combed hair came from Pascagoula, and said: What is going on? Are we Re- both of them had reputations for very MS, to Washington, DC, and he moved publican Governors and the House Re- long memories and determination to into a spare bedroom in the house at publicans on the same page? He intro- take revenge. In my moment of great the corner of Klingle Street and duced me to Newt Gingrich, and a panic, I called TRENT and laid this be- Foxhall Road. group of the Governors and the Repub- fore him, more or less seeking some It was almost 40 years ago. I remem- lican leaders in the House met at kind of balm or salve, and received in- ber it very well, because I was already Blackberry Farm in the Smoky Moun- stead a solution. He, with his expertise, in that house along with four other sin- tains for a whole weekend and had a knew how to maneuver between these gle young men in our 20s. Our new resi- terrific weekend, in terms of charting two giants, and what was in some ways dent from Mississippi was different in the future course for our party. my most difficult day in the Senate be- several ways than the rest of us. No. 1, A few years later I came to Wash- came, with TRENT’s help, one of the we were single, and he was married. ington as Education Secretary and im- better days I experienced in the Sen- Tricia and Chet, then a baby, were still mediately turned to TRENT—who was ate, as I watched these two clash to- back in Mississippi. No. 2, he was a always in some sort of leadership posi- gether, with me on the sidelines, stay- Democrat and we were Republicans. tion, usually some different one—for ing out of it because of his help. He But at that age, that did not matter to advice and support. taught me again: Don’t get yourself us very much. Those who follow the Senate know into that kind of problem in the first And No. 3 is—and this is hard for that TRENT has, along the way, taught place. anyone in the Chamber to imagine, for all of us various lessons. He has espe- Finally, emotions run high around me even to say—I remember him as cially taught me lessons, particularly here. People get all wrapped up in the quiet. how to count. It is because of TRENT

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.020 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15803 LOTT that a year ago, it was necessary great respect on both sides of the aisle. litical position in State government. I for me to write 27 thank-you notes for I think it is because he is from the old remember one time he said that there 24 votes in the race for whip. I have school. I do not want to damage his are two types of politicians: one who worked hard to learn my lesson from reputation in Mississippi to have one of wants to be somebody, and the other him over a period of time. the more liberal members of the oppo- who wants to do something. Most de- About 6 weeks ago, TRENT and Tricia site party praise him, but I do it easily. cidedly, TRENT LOTT is of the latter invited my wife Honey, me, and the Because, as I told TRENT within an category. Greggs down to their home outside hour after he made his announce- I have heard comments today about Jackson. We spent a weekend. It was ment—we were on the phone, and I told his great ability to compromise. I following up a nice weekend we had him that one of the things I liked think compromise is in and of itself had in the mountains of Tennessee about him is he followed that rule overrated. Compromising with prin- sometime earlier. Most of the remarks Mike Mansfield told me my first week ciple, looking for common ground today about TRENT have been about here in the Senate: Senators should al- while staying true to your convictions TRENT in Washington, DC and they are ways keep their word. Every time Sen- and your principles, is an art and one all very appropriate. And here in the ator LOTT and I have worked together, that TRENT LOTT has practiced Senate we often think of TRENT as hav- to find our way, sometimes through a throughout his congressional career. ing the wiliness of Lyndon Johnson and very tangled parliamentary or legisla- Since the foundation of our Nation, the joyfulness of Hubert Humphrey— tive morass, we got through because I Congress has been the workplace for two other great figures in Senate his- could always count on him once he many men and women who have come tory—but it is more fun to see him in made a commitment to keep his word from modest beginnings and who took Mississippi. Going through the airport, and he would keep his commitment. I it upon themselves to shoulder great every single woman in the airport in think he knows I did the same with responsibilities. They have undertaken Mississippi wanted to talk to TRENT him. As Senator Mansfield tried to in- the noble yet difficult work of gov- LOTT, and he talked to them all of the struct all of us, those of us who were erning in the best interests of the way through the Jackson airport. here at that time, this is the mark of American people. This has always been To see the number of buildings in what a real Senator should do. Because the defining characteristic of our coun- Mississippi already named after him— while you may disagree on one issue, try. In Lincoln’s phrase: Government and he is not even dead yet—and to see you are going to be allies the next day of the people, by the people, and for the the beautiful home they have outside on a different issue. And that is what people. This year, after more than Jackson, MS is something to behold. makes the Senate work best. three decades of public service in the JUDD and I counted five different trac- Marcelle and I have had the oppor- Congress, we bid farewell to a man who tors in his garage, and we rode in most tunity to travel with TRENT and Trish, has embodied this notion. of them. We should have known, or I and I must admit this is a great deal of TRENT LOTT from Pascagoula, MS, al- should have known, from seeing how fun. I think he even has some of the ways took to heart his responsibility happy he is there and how much he photographs I have given him from as a representative of the State and he loves to do this, that his mind was some of those trips. As they have told has never lost touch with his roots. We probably more on becoming farmer of me in Vermont, on occasions when he have heard reference to his memoir, the year in Mississippi than it was on came up, a number of Vermonters came ‘‘Herding Cats,’’ which I told him, after spending another 5 or 10 years in the up to me afterward and said, ‘‘Boy, the reading it: It was surprisingly good. He Senate. Senator from Mississippi is really good said: Why were you surprised? I said: I TRENT, transitions—I have had a am not going to go there. It was sur- number of them—are not always easy, looking.’’ I said: ‘‘Well, yes, he is.’’ ‘‘He has got all of that hair.’’ I said, ‘‘Yes, prisingly good. but they have been for me the most re- But he answered one particular critic warding parts of my life. I believe for he does.’’ And they said, ‘‘He can really sing well.’’ And I said, ‘‘I do not need to in his memoirs by saying: I ascended to you and Tricia this next transition will the leadership of the Senate because I be the same—liberating, not entirely talk with you anymore.’’ They would go on. Those trips—and I was from the Magnolia State. I found easy, but perhaps the most rewarding this to be a telling statement about a period of your life. will close with this—one of the reasons man who not only represented his I tried to think of some words that why more of us should take such trips, State’s interests but sought to rep- would describe it, and I thought of bipartisan trips, is you find that you words that better describe the Smoky have so many things in common. Trish resent its character and was literally Mountains where I am from than the and Marcelle would talk about children impelled to public service. As we know, he served Mississippi in Mississippi area where you are from. and their hopes for them growing up. both the House of Representatives and But the thought still applies. They are All four of us would talk about the dif- the Senate, in the majority and minor- words from Emily Dickinson, which ficulties in maintaining homes in our ity, through the administrations of say: home State and in Washington, and seven Presidents. He has experienced Goodbye to the life I used to lead and the doing it if you are not wealthy. We friends I used to know. Now kiss these hills would talk about those things where just about everything a life in politics just once for me, for I am ready to go. we felt the Senate should come to- has to offer—the good, the bad, and the It is a reassurance for us to know gether. We talked about our back- ugly. When his beloved home State was that you are not going far. I hope it grounds, our faith, our hopes for this hit by a natural disaster named will be reassuring to you to know that country. I think somebody listening in Katrina, he made it his top priority to you are not going far, that your old would have been hard pressed to know see that the people of Mississippi were friends are still here and we are still which one was the Democrat and which shepherded through the most difficult your friends. one was the Republican. of times. Throughout his life and serv- The ACTING PRESIDENT pro tem- I have served all these years with ice, Senator LOTT has served his home pore. The Senator from Vermont. TRENT LOTT. I will miss him as a col- of Mississippi with unflinching resolve. Mr. LEAHY. Madam President, let league, but I might say I will miss him His principled and dedicated service me note—it has probably been noted especially as a friend. has earned him a national reputation here on the floor already—that it is so The PRESIDING OFFICER (Mr. as a strong leader. His fervent desire to much nicer to hear your eulogy in per- CASEY). The Senator from Texas. solve some of our Nation’s biggest son than afterward. In many ways you Mr. CORNYN. Mr. President, my problems has put him at the forefront know it is more heartfelt because the State, like many States, has produced of national politics. Senator from Mississippi is here and some political giants: Lyndon Johnson, TRENT has always sought to find has the ability to correct it, something Phil Gramm, John Tower, many great common ground on important legisla- he would not have 40 years or so from political figures. But one I recall spe- tion, and there is no doubt in my mind now when he might rejoin his Maker. cifically: Bob Bullock, a Democratic his absence will be profoundly felt. But I think, though, about TRENT LOTT. Lieutenant Governor in what was gen- as many have already observed, Sen- TRENT is one of those Senators who has erally considered the most powerful po- ator LOTT has paid his dues. He has

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.022 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15804 CONGRESSIONAL RECORD — SENATE December 18, 2007 done his time. He has served his State. It is probably a great testament to So, TRENT, I join everyone in wishing He served his country. So while it is TRENT, given those very deep and sin- you and Tricia and your family all the with sadness we say goodbye to a col- cere feelings of mine, to remember how best. You deserve it. I know this is not league and a statesman and, most im- we were introduced politically. I was the end of anything. It is the beginning portantly, a friend, it is with great joy running for Congress and he endorsed of new great things. I look forward to that I wish Senator LOTT the best of my opponent. For a lot of people, it our continuing tutorials on schmoozing luck in the next stage of his life. would have meant that person would and maybe even getting me to wear a TRENT, thank you for everything you never have built a strong working rela- seersucker suit someday. have done for our country, for the Sen- tionship with the other or it would The PRESIDING OFFICER. The Sen- ate, this great institution, and for ev- have taken a long time. For TRENT, it ator from Georgia. erything I have learned from your ex- took about 5 minutes. After I won, he Mr. CHAMBLISS. Mr. President, ample. I know you and Tricia have a called me and congratulated me and those of us who come from the South bright future ahead, and I know you es- explained that my opponent was a take great pride in our heritage. Part pecially look forward to spending more former colleague of his and a friend and of the heritage we are very proud of is time with your children and grand- he felt loyalty and affection for the the fact that whether it is the State of children. We wish you the very best. person. But the past was the past and Mississippi that sent John Stennis and The PRESIDING OFFICER. The Sen- the future was the future and he want- Senator Eastland to this body or ator from Colorado. ed to build that same friendship and whether it is my State that sent Rich- Mr. ALLARD. Mr. President, I rise to sense of loyalty with me. So that was ard Russell and Paul Coverdell and say a few words about the retirement that. Sam Nunn, we are very proud of the of my friend and colleague, Senator It wasn’t just words. He put that into folks we have sent to the Senate. Come TRENT LOTT. TRENT has visited Colo- action and made it perfectly clear from January, we are going to add the name rado. However, he complained he was the beginning he was sincere. That is of TRENT LOTT to those great men who kept busy and couldn’t appreciate TRENT. That is probably the first and have represented the South in this Colorado’s vistas. Now he will have one of the most important lessons he body. imparted to me. time to appreciate the great State of When I think of TRENT LOTT, I think I will always feel privileged to have Colorado, and I invite him to revisit us about something that a lot of people learned other lessons in two particular probably can’t relate to, but he and because he will have time. settings. One, I was honored to be TRENT was majority leader when I Thad will directly relate to. TRENT is asked to join his whip team over the came to the Senate in 1997. A large per- the epitome of the genteel southern last couple years, and I did so. I have centage of the views I have of how this gentleman, married to a beautiful belle learned an enormous amount as a body should work and how we can best with whom he went to college. member of that team. I will always re- In the fall in Oxford, MS, there is a come together, despite differences of member his being very forthcoming in special occasion that takes place on opinions and goals, was formed watch- asking me for advice and ideas and football Saturday afternoons. They ing TRENT LOTT shepherd through leg- what I thought about this or that, all have a place down there called the islation organizing 100 competing agen- the while paying compliments about Grove that is unlike any other area I das into a manageable schedule. I have my insight into things. I will remem- have ever been to on any football after- always felt we were sent here by the ber it not because any of those com- noon. The Grove is what one might people of our States to solve problems pliments were true but because it think. It is truly a beautiful spot with and achieve results. I know ideas can showed his spirit and effectiveness at trees and green grass. All the Univer- and do vary as to what solutions are or including people, getting the best out sity of Mississippi football fans gather even what the problems are. That of them and bringing folks together. in the Grove and, instead of backing up makes the end goal of finding solutions As a member of his whip team, I will SUVs and pickup trucks with beer kegs most of us can agree to that much also always remember and appreciate on the back, as we do in Athens, they harder and the skills required to do so his taking me under his wing and try- pull out silver goblets, white table- much more rare. The Senate has been ing to help me develop relationships cloths, chandeliers on the table, and lucky to have TRENT in our midst as we and friendships with other Senators they enjoy a great festive atmosphere. worked through the pressing issues of more and, as he would put it, be able to TRENT LOTT brings that same gentility, these times. ‘‘schmooze’’ more effectively. I hope, that same mannerism of our part of the It should be noted TRENT has done TRENT, you continue your work with world to the Senate. his work here, all the while remaining me, as you join the private sector be- A couple of quick personal anecdotes a genuinely decent man and a true gen- cause obviously we still have a long that somewhat relate to that. TRENT tleman. He is, everyone agrees, a fun- way to go. But I appreciate the spirit has a way of being able to look at damentally nice person who enjoys the of that work. somebody and, whether it is trying to human contact and personal relation- The second setting that is so impor- figure out how they are going to vote, ships that come with his position. He tant, in terms of my personal experi- what they are feeling like that day or enjoys working on behalf of the people ence with TRENT is, of course, the expe- whatever it may be, boy, he can get of Mississippi. He has represented their rience of Katrina and dealing with that right to the heart of it. I am reminded interests well, and they have made it horrible hurricane. There couldn’t have of when I was thinking about running clear they approve of his service. been allies in terms of our recovery for the Senate back in 2002. TRENT TRENT attended Pascagoula Junior work than TRENT and Thad. I will al- came to me in the summer of that High, which is now called TRENT LOTT ways be deeply indebted to them for all year. I remember this conversation Middle School. He is truly an example their work on behalf of the entire gulf like it was yesterday. for future Americans to emulate. I join coast. In south Louisiana, occasionally He said: Look, I know they are work- my colleagues in thanking TRENT and in the press there would be some story ing on you to run for the Senate. You his wife Tricia for their service and or comment resentful toward Mis- and I have been good friends for several thank God for providing him to public sissippi in terms of the recovery, say- years during your House days. I don’t service in the Senate, where I person- ing they got this per capita and we got think you have got the fire in the ally know of his service. this; we didn’t do well enough. I would belly. Unless you do, you better not I yield the floor. always explain that, boy, they got it run. The PRESIDING OFFICER. The Sen- exactly wrong. Because our best allies He was exactly right. About 6 months ator from Louisiana. throughout all that horrible experience after that, he came to me again and Mr. VITTER. Mr. President, I rise to were TRENT and Thad. Were it not for said: I have heard you speak more and pay great tribute to TRENT LOTT. Simi- them, we would not have fared nearly more about what you want to do, and lar to so many on the floor, I felt com- as well. I will be the first to admit you have the fire in the belly. It is the pelled, had a great desire to come to that. I thank them on behalf of my time to run. the floor because of my deep respect State for their tireless efforts on behalf The other anecdote I will never for- and affection for TRENT. I mean that. of the entire gulf coast. get about TRENT is that during my

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.024 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15805 campaign, we had a farm bill we had loyal to his constituents and his peo- TRENT thought and worried and did finished in conference. It was a late ple. He loves the people of Mississippi, everything he could possibly do to farm bill that year. It was in the early and they love him. If he chose to move reach an agreement on procedure. That spring of 2002. I needed to be all over to Alabama and run for the Senate, he agreement could not be reached, so he my State campaigning. Unfortunately, would be a winner there. He is well took an unprecedented step of calling I got stuck in Washington for a week- known in our State. He used to have a the Senate together in the Old Senate end with the farm bill conference. television program with the three Con- Chamber. Do you remember that? That TRENT was coming to Georgia to cam- gressmen from that region, the ‘‘Gulf is when we had, what TRENT called, the paign for me. I told him: TRENT, I am Coast Report.’’ It went for 35 years. It great epiphany when Ted Kennedy and not going to be able to go. I feel bad ended last year. He started that with Phil Gramm spoke up and an agree- about this. He said: Don’t worry about former Congressman Jack Edward of ment was reached. We did not embar- it. Stay here and do what you have to Mobile and it had such a tremendous rass the Senate. We did our duty. We do. Julianne and I will take care of following. In fact, it was front-page followed through successfully. We met this. news in Alabama when TRENT LOTT an- the constitutional responsibility we So he went to Georgia, spent the nounced his retirement. had. He was creative in trying to im- whole day traveling around to five dif- Secondly, TRENT was at the forefront press on us the importance of reaching ferent events in different parts of my of what clearly has been a historical that decision. State, drew big crowds because he was movement of mainstream Republican I can think of another one from the TRENT LOTT. thought in the South. It has been a Republican side. In our movement in He called me up on Sunday morning trend that has been steady and strong 2001 to reduce taxes the vote was close, when he got back and said: SAXBY, I and has shaped the Nation. It ended up with every single vote critical. Senator got this thing figured out. I know how helping provide a Republican majority DOMENICI was the Budget chairman at you are going to win this campaign. in the House and the Senate to accom- that time, and I believe the critical What you need to do is stay in Wash- plish things that would not have been vote was over the budget reconcili- ington and let Julianne and me take accomplished otherwise. ation. TRENT called a meeting of the care of that campaign for you. I am not that much younger than Republicans in the Senate Chaplain’s TRENT is one of those people whom TRENT, but I remember when he made office. those of us junior Senators looked up that fateful decision to run for Con- (Laughter.) to from day one. As I think back on my gress as a Republican in Mississippi. The room has a high arched ceiling— class, LINDSEY and a couple of us Those of us who were following politics so I guess we had a prayer meeting up served in the House together, where we at that time knew his decision was an there. You could look down the Mall important one. We young Republicans, got to know TRENT. But whether it was and see the Washington Monument. throughout the South in particular, all ELIZABETH or NORM or LAMAR or others Such a location had never been used watched with tremendous interest to in our class, from day one, TRENT has before or since. There were a couple of see whether he would be successful. He been one of those individuals whom we votes TRENT had to have. He knew; he and Thad both were successful that admired so greatly because of his could count votes. Maybe there was year. It was a movement of significant knowledge of the institution, because just one vote he had to have. So that historical importance because many of his ability to come to you when you meeting was orchestrated carefully, have followed his path. knew you were struggling with an and it worked. Our tax cuts passed, TRENT has had an incredibly wise issue. He could talk to you for 2 min- way of dealing with people. I remember with every vote crucial and ultimately utes and all of a sudden you would feel sitting right over here, having not been on the floor the vote was a 50–50 tie, better about whatever it was you were here long, and a very important bill with the Vice President breaking the struggling with. That is the kind of was on the floor. A very critical tie. For 10 years, however, we will have person TRENT LOTT is and that is the amendment was being decided, an had tremendous tax relief for Ameri- part about TRENT LOTT I truly am amendment, if it had gone the wrong cans. It has surged our economy. going to miss. way, could have derailed the entire leg- Without a truly skilled leader in both His office happens to be right around islation. I had reasons to vote against those instances, this Senate could have the corner from mine. There is many a it, but I had not made up my mind. gone the other way and the history of day we will be on the elevator together There were a lot of reasons I could our country quite differently. going back after a vote. He will start have voted against it. Some good I have enjoyed my friendship with picking at me about something. He will friends were on the other side. He si- TRENT LOTT and Tricia. I think he is a say: I know you have been worried dled up to me, and all he said was: fabulous leader who has done remark- about something. What is it? Invari- Look at old Phil. This is his first big able things for our country. It has been ably, again, he is right. He has had the bill on the floor. It would be a shame to an honor to serve with him. ability to say a couple words that all of see him lose that bill. If you come to Alabama, you can a sudden changed my perspective on (Laughter.) have my Senate seat, TRENT. whatever the issue was I was strug- He did not say any more. Those sim- Thank you, Mr. President. gling with. ple words touched my concerns, and I The PRESIDING OFFICER. The Sen- So, TRENT, we are mighty proud of thought about them for a day and a ator from Georgia. you as a Southerner. We are mighty half before I decided to vote with Phil Mr. ISAKSON. TRENT, this is the proud of you as an American. And we and TRENT. He had a gift to sense your time, on an occasion like this, where are certainly mighty proud of you as a concerns, to know where members somebody always rises and says: What- Member of this body. You are truly were. ever could be said about this subject going to be missed. But I treasure the I will mention two other things I has been said, it is just that everybody last 13 years of having the privilege of think were of historical importance. has not said it yet. But in this case, it serving with you in my House days as We could not agree on how to handle is not true. We have only been talking well as my Senate days. the impeachment. TRENT was the lead- for 2 hours 7 minutes. It would take a God bless you, and may God bless er of the Senate. The Senate was sup- lot longer than 2 hours 7 minutes to your family. posed to try the House charge of im- say all the things that could be said The PRESIDING OFFICER. The Sen- peachment. The Chief Justice who sat about your distinguished career. ator from Alabama. back here off the floor was asked: What But there are two things I wish to Mr. SESSIONS. Mr. President, I ap- procedures shall we use, Mr. Chief Jus- say, the two most powerful words in preciate so many of these remarks. I tice? He leaned back in his chair and the English language: Thank you— would like to say a few things about said: Well, it is the Senate’s job to fig- first, on behalf of the late Paul Cover- TRENT. ure out how to conduct the impeach- dell and his lovely wife Nancy. I think TRENT’s strength, first, is his ment trial. That is what the Constitu- I will never forget in March of 1993 roots. He knows where he came from. tion says. It is your problem, not mine. meeting Paul—as I had for 20 years, as He knows how he was raised. He is And still we could not agree. I led the Georgia House and he led the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.025 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15806 CONGRESSIONAL RECORD — SENATE December 18, 2007 Georgia Senate—at the International ten in one of the office buildings by side of the aisle they are on, what side House of Pancakes in Buckhead at 7 Everett McKinley Dirksen. I wish to of the political spectrum they are on— a.m., his first time back in Georgia read these words because this is in- is because of his incredible ability to after being sworn in. I had him tell me scribed on the wall: ‘‘His unerring find common ground, to pull people to- about the place known as the Senate. sense of the possible that enabled him gether. All he could talk about was TRENT to know when to compromise; by such In Minnesota, we all know of the LOTT. He said: JOHNNY, TRENT LOTT has men are our freedoms retained.’’ Such Scandinavian who loved his wife so the two Ls. He can legislate and he can a tribute belongs to TRENT LOTT. much he almost told her. There are lead. Freedom requires that we all express many in this institution who care so So on behalf of Paul, whose legisla- our views strongly and to do that on much they almost get something done. tion—the Coverdell Education Act, and the floor. But in the end, you need But TRENT LOTT is one of those who many other things—was done here, those who can knit together, who can both cares so much and he gets things thank you for what you did for him. I craft legislation. We all have stories of done. know you always have shared with me being in Trent’s presence and watching I thank the LOTT family for sharing how much you appreciate what him do that. He truly is today’s cur- him with our Nation. I know the foun- ‘‘Mikey’’ did for you. rent master of the Senate. He under- dation of TRENT’s service is commit- But, secondly, TRENT, thank you on stands the art of what it takes to get ment to freedom, to faith, and to fam- my behalf. If every one of us in this things done. ily. That is about as solid a foundation room stood up and thought about it, we Some of us have said the worst sin in as one could have. That is something could take a specific incident that in politics is not knowing how to count. If this first-term Senator has seen, has our career has been accomplished that that is the case, then TRENT is pure as appreciated, and carries in his heart. would not have happened were it not the driven snow because he knows how I thank him for his lifetime of serv- for your insight, your leadership, and to count. And not only knowing how to ice to all Americans. I ask that God your commitment. count, what he does is use that in a continue to bless TRENT, Tricia, and For me, it was the pension bill last way to kind of guide us to ultimately the Lott family. Mr. President, I yield the floor. year and the pension of 91,000 Delta get things done. That is what it is The PRESIDING OFFICER. The Sen- employees in Georgia. We got down to about. ator from Virginia. the lick log, as they say in Georgia, on I believe what we are suffering from Mr. WARNER. Mr. President, there the last day, in the last hour before the in this country today is a deep partisan are others seeking to be recognized and August recess. Bankruptcy was pend- divide. So the American public looks at I shall be brief. But I think of my good ing, and it was almost over. Thanks to and wonders about our ability to do friend in many ways, not the least of your tenacity on Finance and your what we have been elected to do. If which, we are two Senators who stood care and your willingness to be able to there is somebody today who has the in the well in kilts with our knobby do what you did, that legislation antidote to that infection, it is TRENT knees showing and voted—to the aston- passed. I got the credit, but the benefit LOTT. Because in the end, that is what ishment of all our colleagues. belongs to you. he strives to do. You have helped me through the Thank you for what you have done We all have our stories. I served on years in many ways, particularly on for all of us. the conference committee on homeland the Defense bill. You have served on The PRESIDING OFFICER. The Sen- security to reshape the way in which the committee. When that bill was dog- ator from Minnesota. we do intelligence, to look at somehow ged, disparaged, cast aside, you always Mr. COLEMAN. Mr. President, I rise getting rid of the silos that were prob- were there to bring it back, sometimes to pay tribute to my friend, my lematic on 9/11 that the 9/11 Commis- six or seven times in the course of the encourager, my mentor. Mae West once sion talked about, and to figure out a spring, until we were able to pass it, al- said: Marriage is a fine institution, but way to put together a system of gath- ways, always being guided by your I am not ready yet for an institution. ering intelligence which works to- heart and your concern for the men Reflecting on the comments of my gether, is seamless. and women who wear the uniforms and colleague from Georgia, I think when I watched time and again, when it their families. we get here, I don’t know how many of seemed like we were not going to get it But I wish to speak of you in a very us are ready for the institution. What I done—and it was not, by the way, par- personal way. We had our differences in had—and what I know my other col- tisan; it was not just Democrat versus elections. Like BOB BENNETT, I was on leagues had—in TRENT LOTT was some- Republican; sometimes it was House the Alan Simpson team. I remember body who put his arm around you. He versus Senate—and I can tell you, al- sitting in your office discussing that shared with you the importance of most every time, on every occasion— and voting for Simpson. You won, but your word is your bond, the importance and Chairman COLLINS could tell you you never held it against me or BOB or of family—more than things you can the same thing, and Ranking Member others. That is the way you managed read in a rules manual or a procedural LIEBERMAN could tell you the same this institution. manual but the history of the heart thing—at the moment you needed that, But I think back on my own career, and the soul of the institution, em- where it seemed like it was not going insignificant as it is, and I reflect on bodied by my friend and my to get done, the voice that arose was the fact that I have been privileged to encourager, TRENT LOTT. the gentleman from Pascagoula, the serve with 271 Senators in the 29 years This Chamber has been home to some Senator from Mississippi, who would that I have been privileged to serve. of the great statesmen in American offer a little something that would My dear friend THAD COCHRAN and I history. I say this not with hyperbole kind of pull us back together and move have that record together as we came or superlatives, but I say it as a matter us forward. In the end, we passed the to the Senate in the fall of 1968. of established fact: that among the bill. The Nation is better for it. What I didn’t know about the Sen- great statesmen in the history of this I had the opportunity earlier this ate—and surprisingly, I had the oppor- country, one is sitting in this Chamber year to be honored with Senator LOTT tunity as Secretary of the Navy to today, who will move on to do other by the Ripon Society, with the Theo- come here for 5 years and testify many great things, I am sure. dore Roosevelt Rough Rider Award. times and to come and respond to the Similar to me, he governs from the That is, by the way, the progressive calls of Members who, for whatever bank of the Mississippi. It is a little wing of the Republican Party. TRENT reason, wanted to talk to the Secretary colder where I come from, the State I got up there, when he received his about their particular problems—I represent. But he is an outstanding honor, and said: Before I got here, I never realized how all-consuming this representative of the heartland, the used to be called a conservative. body would be in terms of it becomes heart and soul of America. He is still a conservative, a prin- your family, they are your friends, and On my way to the Senate complex, as cipled conservative. But the reason he those bonds continuously grow year I walk through, I sometimes stop and was recognized by the Ripon Society— after year. When one Member is cele- take a look at the words that are writ- and I think by folks regardless of what brating exhilaration, accomplishments,

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He knew what was there, and when Member is faced with despair. you courageously worked, I know, he would tell us to go, we would go, and They often say the fall may be pain- sometimes against the grain. But I, for sure enough, that is how it happened. ful, but the road back is doubly chal- one, would rather have no one in a fox- So I have had all kinds of situations, lenging. I have watched you in those hole than TRENT LOTT during difficult from the huge balanced budget, to—I situations, and the strength that you times when they are lobbing them in at remember when we reformed welfare. and your lovely wife exhibited has been you. Many of these things came from the instilled in me. I pray to God that I So I very much appreciated the fact budget process, the way I used it on be- never face some of the challenges that that you taught me a great deal in that half of the Senate. We put in the num- faced you: the devastation brought to difficult time, but also throughout my bers so that you couldn’t avoid—if you your State, your graceful stepdown time in the Senate. I very much thank did the welfare reform, you would get from the leadership, and your come- you for taking an interest in me and in the protection of the budget. And I can back, your magnificent and courageous my career, and I very much thank you remember that was an exciting day be- restoration of your career in full—I say for what you have done for our Nation cause it all of a sudden became bipar- to you, Senator—in full. You made a and for your State. tisan. tough decision, as I have done, not to As I look forward, my Senate career Do you recall, TRENT, that it didn’t return to this body and to our dear will be diminished by not having the end up with just us; it was them. They friends, but you did it on solid ground, opportunity to continue to work and came to the party, and so ultimately and all of us join in our hopes that in learn from you, but I am grateful for did the President. It was one great big your next challenge in life, you will the time I have had and what I have party. But it was also, in the end, abso- make a contribution to this country learned by your side. Thank you very lutely imperative that we had the rec- you love, to the State you love, and to much for your service and all the best onciliation instruction that came with the Senate you love. Thank you for to you and Tricia. it that Senator LOTT—he wouldn’t fuss your friendship. The PRESIDING OFFICER. The Sen- with me. He wouldn’t ask me to prove The PRESIDING OFFICER. The Sen- ator from New Mexico is recognized. it. He would just say: Is that the way it ator from Florida is recognized. Mr. DOMENICI. Mr. President, let me is? I would tell him yes. And he said: Mr. MARTINEZ. Mr. President, this first say of Senator LOTT I must make Well, that is what we will do. statement comes from the back row a slight confession. You know I am It was just terrific to be a chairman but no less love from us back-benchers. leaving next year, and one of the rea- of important matters and have a leader Let me tell you the Senate career that, sons I am leaving is because I have an like TRENT who would say: If that is for me, now completes 3 years has ailment that has an impact on my what it takes, that is what we are known no better friend than TRENT brain. I say that in all honesty. I al- going to do. We didn’t redo it or LOTT. I have certainly appreciated ready told the whole world that. The rethink it because it got tough. Many your willingness to mentor me. I was point of that is I have difficulty re- times the path I chose was probably astonished to hear that BOB BENNETT membering some things. I still am a the harder one. He would say: If that is considered you a mentor. I thought you pretty good Senator, so nobody is the way we are going to do it, we are did that for those of us who have just fighting about that. I just know that going to do it. It was rather terrific to gotten here but, frankly, it looks as you and I have gone through some in- be part of a team like that. though you mentored about everybody credible legal situations, legislative Now, I want to tell you, it works in the Senate. So I consider myself situations, and I am trying to pull both ways because TRENT LOTT was on very fortunate. them up now in the next few minutes the opposite side of something very im- I think back to when we first met. I just to share them with you and to portant when he was over in the House. was first here in Washington as Sec- share them with everybody here. We did a Social Security change here retary of Housing and Urban Develop- I have been here 36 years, which is a to permanently fix Social Security—we ment, and TRENT was the leader, the little bit longer than TRENT, and that thought—and TRENT—we heard from Republican leader of the Senate. We is six elections. You must know that I over in the House that the rocks and had occasion to meet, and shortly was in the middle of a lot of things or the stones weren’t coming from the thereafter we were building a habitat I couldn’t have been here 36 years. I am Democrats. for humanity house on a cold day, not a back-bencher or an under-the- We said: Where are they coming much like today, and I got the oppor- tabler. I am where the action is, and I from? tunity to know him on a more personal lucked out on the committee that did a They said: They are coming from level and get to know Tricia as well. lot of exciting things. TRENT LOTT. That has only endured and continued. I One of the things TRENT LOTT has I said: Well, maybe I have to go over also very much appreciated you shep- taught me about leadership is that it is there and talk with him. herding my nomination as HUD Sec- quiet. It takes place without you Then I said: Well, maybe I won’t. retary through the Senate, which I knowing it is happening. That is what Maybe I will just let him stew. know was no easy lift, but you have my you did. When we had to put together It was something Reagan was for and gratitude, in fact, then and now. the votes for the balanced budget and we were for, but his little team wasn’t But, to me, as I look at my short ca- for the reconciliation tax bill, which for. I think they were right. I think we reer in the Senate, there was no issue was one of the most monumental acts, made a mistake. But we didn’t do that. that punctuates my time more than and we had to use that Budget Act We didn’t get it done. Do you remem- the very divisive issue of immigration. drafted by the distinguished Senator ber, TRENT? It died. You were over You didn’t need to get involved in BYRD and he didn’t quite think we there and, clearly, you knew what you that—you really didn’t. I know a lot of would be able to use it the way we did, were doing, and I don’t think you liked people in Mississippi probably wish you and we had that battle and we won that it very much because it was Repub- hadn’t. The fact is, you saw a problem on a vote, then we were using it to rec- licans against Republicans. that needed solving. I remember you oncile tax cuts for America. It is hard But we did get back together, and for saying: Is there a problem? In fact, to explain, when you would get every- the one angst we had many memorable there was. And does this bill improve body around and then you would say: pluses that are just terrific when it the situation from what it is today? We are almost there, but we are not comes to thinking back on the life of And you said that it did, which I there. And here I am, I have been work- the Senator over a complicated, tough agreed with. Then you went on about ing on it forever, and we have this very period of time, when we learned how to trying to solve the problem, which is a unique process, and we just have to get use a Budget Act for innumerable

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That means you will have a second region had no stronger advocate than it permitted us to do things through life and you will say to me what James Senator LOTT. the reconciliation process that were Baker has said at least 10 times. He TRENT has risen from humble roots in absolutely impossible without that act. said: DOMENICI, there is life after the his beloved Pascagoula to one of the Then we got around to the balanced Senate. And I say that to you: May top leaders in Congress. I know his budget. That was the big monster that life be as good as the Senate or family and the people of Mississippi are event of our time. We had to get that better, and may your family enjoy it as proud to call him one of their own. done, and we got it done, sure enough, much as they have enjoyed the Senate, Mr. President, I would like to thank by reconciliation instruction that was and may it be successful for all of TRENT for his contributions to the Sen- really gigantic, and then sitting down them. ate and wish him and his family well as in a little room that I use over here I yield the floor. they open a new chapter in their lives. that I call my hideaway. I hope some- The PRESIDING OFFICER. The Re- Mr. CRAPO. Mr. President, I rise body puts a sign on it after I leave be- publican leader. today to honor a dear friend and col- cause that little room was the room Mr. MCCONNELL. Mr. President, I league here in the Senate whom I have wherein we negotiated, four people ne- know that under the previous order, it served with in this body as long as I gotiated the balanced budget. is time for the policy luncheons. There have been in the Senate. Over the TRENT was the guy who would come are others here who may want to course of his 35 years in Congress, Sen- in every now and then to see if we were speak. I see Senator GREGG may well ator TRENT LOTT has developed a rep- making headway and see if we needed want to speak. Senator LOTT would utation for strong leadership, a bipar- help. It was Speaker Gingrich, myself, like to respond. Senator BYRD also tisan approach to legislating, and an and somebody from the White House. wants a few minutes. unwavering commitment to Repub- Sure enough, when we were through, he I suggest the following: that Senator lican ideals and values. As you know, was right there by our side, having par- BYRD be recognized for 3 minutes, after he is the only Senator to have served ticipated as if he really knew what the which Senator LOTT be recognized for 5 as whip in both the House of Rep- budget was all about. He could put on minutes, after which we recess for the resentatives and the Senate, and it was a terrific face. He didn’t have any policy lunches. I know there may be under his watch as a younger legislator knowledge of what I was doing in others who wish to speak. Hopefully we that our Nation saw significant eco- there, but he just asked: Is it going all can accomplish that sometime after nomic recovery and increased national right? the policy lunches. This is the last day security in the 1980s that had the sup- Yes, all right. Is it going all right? we are here for our respective policy port of those on both sides of the aisle. Fine. Then he would walk out and have lunches. These are important lunches. Over the years, from my time in the a terrific press conference. They would We are going to have to begin them House of Representatives to my time all think he really knew what this shortly. Therefore, I ask that consent. here in the Senate, I have looked to budget was about. I mean, I have to The PRESIDING OFFICER. Is there TRENT for collaborative examples of admit, you don’t have to tell him very objection? how to accomplish important, conserv- much. We were still a long ways from Mr. INHOFE. Reserving the right to ative goals such as tax reform, support getting there, and he would walk out object, I make an inquiry of the minor- for our military, and health care trans- and say: They are making great head- ity leader: Wouldn’t it work out well if formation, to name just a few. He has way. This is really moving ahead. later on during quorum calls we have gained a remarkable, lasting reputa- I would go home after having not an opportunity to speak and then have tion for being able to bring competing slept for 2 weeks, and I would be wor- all those speeches appear in the interests to the table, to work out suc- ried that he shouldn’t be saying that RECORD in continuity? cessful answers to policy challenges—a because we were so far apart, and all he Mr. MCCONNELL. It would be my quality that is in increasing deficit would say is: Don’t worry. Just give hope and expectation, I say to my here in Congress these days. TRENT has them a little bit of optimism; we have friend from Oklahoma, that there will committed his congressional service to to keep them alive a little bit. be floor time after lunch and that any Mississippians to furthering policies I close by saying, TRENT, I know Member who wanted to comment on that stand for America: a strong na- what it is to sacrifice to be a Senator. Senator LOTT’s career can do that. Of tional defense, responsible and fair tax I did that. I came here, believe it or course, we ask consent that all be con- policies that encourage economic not, with my eight children—and I am solidated at this place in the RECORD. growth, and health care that puts pa- going to just mention it once because The PRESIDING OFFICER. Without tient needs above Government man- you had it a little bit better, not objection, it is so ordered. dates. I am especially heartened that much—but the pay was about $38,000 Mr. BUNNING. Mr. President, I rise TRENT remains unequivocal in his be- with eight children, and we couldn’t today to honor my friend from Mis- lief in second amendment rights. find a way to change the pay because sissippi, Senator TRENT LOTT. TRENT TRENT and I have worked together we were scared to. That is the kind of and I have been friends since my first over the past few years on the Finance suffering we went through. TRENT did year in the House in 1987. Committee, and I have been pleased to the same in his early days. When he He was the minority whip in the have his support on legislation that we and his wife came here, the Senate had House during my first year in Wash- have moved through the committee, decided for a number of years that we ington, DC. Now that we are in the legislation that advocates tax policies did not want to pay ourselves a salary, Senate together 20 years later he is my that do not penalize Americans for sav- which is one of the worst things we did. minority whip again. ing or investing. TRENT understands A democracy should not do that. We TRENT and I have enjoyed our time that tax structures that favor small must pay people for these important together on Wednesday afternoons in business investments, individual saving jobs. Chowder and Marching. My wife Mary and investing, and a financial services That wasn’t what kept him going. He and I have enjoyed spending time with system unburdened by onerous regula- loved the place, and his family loved it, TRENT and his lovely wife Trish. TRENT tions are critical keys to a healthy it is obvious. His son was ambitious and Trish are college sweethearts and economy for the United States, one and rambunctious, wanting to get two of the great warming personalities that translates into a more stable glob- ahead, and he did get ahead. He was in our Senate family. al economy. able to do that while his dad served We are proud that members of the I have been pleased to host TRENT here, and that is truly to their better- Lott family call Kentucky home. when he has come to Idaho, and I have ment and a compliment. TRENT and Trish often come to the had the pleasure of visiting the great

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.027 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15809 State of Mississippi. TRENT’s retire- crat’’ and to leave it at that, but for to establish broad video franchising re- ment from the Senate, while in his best TRENT Lott reaching across the aisle form. This year, as a member of the Fi- interest and in the interest of his fam- and working with others has led to re- nance Committee, Senator LOTT has ily, will be a loss for the Senate and sults. been a very strong advocate for enact- the promotion of conservative values TRENT has shown all of us that we ing permanent tax relief without in- here in Congress. share the commonality of serving the creasing other taxes. Mr. BURR. Mr. President, I rise American people in the Congress. We There can be no question that Sen- today to honor a man who is my close are here to make the best decisions we ator LOTT is a man of results; his re- friend but who, more importantly, is can for our country and its people, and markable list of achievements illus- an American patriot and statesman. bipartisan solutions are a vital compo- trates this very point. But it is impor- Today, we pay tribute to TRENT nent to the legislative process. tant to highlight that TRENT does not LOTT, whom many, including myself, When looking back at Senator LOTT’s overpromise. He will tell you just as consider an institution within this accomplishments, the list is long and straight as he can, ‘‘I’ll be with you great institution. distinguished. In the areas of foreign until I can’t be with you anymore.’’ I have known TRENT for a number of policy and national defense, Senator Senator LOTT stands among few men years. He has served as an able and LOTT has been a strong supporter of in this world; a promise isn’t simply a well-accomplished leader, a great Re- our armed services, stationed both do- word to him, it is a commitment to publican whip, and a distinguished mestically and abroad. He has fought make good on a pledge. TRENT carries Congressman and Senator from the hard for the security of our Nation and around a small notebook in which he State of Mississippi. A man of impec- the protection of our service men and records every promise made to him or cable character, TRENT always shows women. Likewise, he has not forgotten by him. Senator LOTT is a man of his the utmost respect for his colleagues the commitment our veterans have word who will hold you to yours. and for Congress itself, always putting made to this country and has upheld For the 7 years I have been in the the interests of the country before his what he knows is our responsibility to Senate, I have been in a small group own. TRENT LOTT has a leadership style support our veterans at every oppor- with TRENT who have met to pray to- that I personally admire and I believe tunity. gether and to share each other’s bur- often went underappreciated. He loves As a public servant, my colleague has dens. I have seen him on the highest this institution, and we respect him for fought strongly to keep Government mountain and the lowest valley. that. off the backs of the American worker Through it all he sought his Lord for During his tenure in Congress, TRENT and set the stage for the Republican wisdom, comfort, and strength. On a personal level I will miss serv- has been a legislative warrior fighting revolution through the progrowth gang ing alongside my friend. But I know for commonsense solutions to our the ‘‘Five Amigos.’’ Alongside Con- wherever this life leads you, I am cer- country’s most difficult challenges. He gressman Jack Kemp, House Speaker tain the Lord will bless both you and does not seek credit for his achieve- Newt Gingrich, Senator Connie Mack, your incredible wife Trish. I also know ments—they are too numerous to list— and Congressman Vin Weber, TRENT ad- you will bless those whose paths you even though he has been instrumental vocated President Reagan’s approach will cross. in shaping our great democracy. to politics, tax cuts to promote eco- As his role as a Senator nears an end, TRENT LOTT is a modest and honest nomic growth for everyone in America. I ask that we remember Senator LOTT’s man who has made the United States a Never far from his mind is his be- legacy to this country, his State, and better place from where it was when he loved home State of Mississippi, the its people. Senator LOTT, I wish you first took the oath to serve in Congress sparkle in his eye. He has stood by the and your family the best of luck. It has decades ago. He is a true gentleman, people of his State with unwavering de- been a privilege to serve alongside you and I have no doubt that his impressive votion. When the people of his State in the Senate. legacy will live on for generations to were devastated by Hurricane Katrina, Mr. ENZI. Mr. President, as we come come. Senator LOTT shared their pain with together for this last week of legisla- God bless TRENT LOTT and his beau- his own family’s loss and jumped into tive activity before we adjourn for 2007, tiful family. Your service to this great action. He dedicated his efforts to se- I appreciate having this opportunity to Nation will certainly be missed but cure disaster relief and restoration join my colleagues in expressing our will never be forgotten. construction. appreciation for the many contribu- Mr. ENSIGN. Mr. President. I rise Senator LOTT has recognized the im- tions to the Congress that have been today to celebrate the career of Sen- portance education plays in developing made by one of our colleagues who will ator TRENT LOTT—an accomplished tomorrow’s leaders and has been a soon be retiring. We have heard many leader, a great American, and a true staunch advocate of improving the edu- great speeches, seen a lot of passion friend. TRENT has spent more than cation system in Mississippi. Over the and emotion—all well-deserved and three decades in Congress tirelessly past few years, Senator LOTT has sent heartfelt. fighting for a State and a people he several excess Senate computers to TRENT LOTT, who has a well-earned dearly loves. public schools in Mississippi in and ef- reputation as a hard worker and great TRENT’s path in life has followed fort to increase their students’ access fighter for the people of Mississippi, closely that of the great American to the vast amount of information in has announced that he will be leaving story. His humble beginnings, as the the 21st century. His commitment to the Senate so he can spend more time son of a hard-working teacher and pipe- education in his State will be enjoyed with his family. Although I understand fitter, established the foundation to for years to come. the reasons for his departure, I know I value an honest day’s work. These I have had the great privilege of will miss him and his presence and ac- principles have remained ingrained in working with Senator LOTT on a vari- tive participation in our work and the TRENT’s heart throughout his historic ety of issues. During my years in the day to day life of the Senate. rise to the Senate. House of Representatives, I remember TRENT’s story begins in a town called In his more than 30 years in Con- when, as the Senate majority leader, Pascagoula in Mississippi. It is where gress, TRENT has earned an immense TRENT worked tirelessly to help pass he was raised and it is the place he still amount of respect among his peers. the landmark welfare reform bill of calls home. His dad worked in the ship- Easily said, he knows all the ins and 1996, such a monumental piece of legis- yards and his mother was a teacher. outs. While there are many things we lation that it is already receiving his- Together they taught him the great can all learn from his legacy, the most tory’s praise. lessons of life, and when he left for col- notable of all is the power of com- It has been a pleasure to work with lege he was already showing the pres- promise. Senator LOTT has proved to him in Senate republican leadership ence of the leadership qualities that every one of us the impact reaching and to serve alongside him on both the would someday help to lead him to a across the aisle can have on this coun- Commerce and Finance Committees. career in politics. try. It seems simpler these days to say Last year, on the Commerce Com- TRENT enjoyed his school years and ‘‘I am a Republican’’ or ‘‘I am a Demo- mittee, TRENT and I worked together after a year of law practice, TRENT got

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.015 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15810 CONGRESSIONAL RECORD — SENATE December 18, 2007 a job with Congressman William thing we need to do as Senators. With- Senator LOTT was born in Grenada, Colmer, who was from his hometown. out them, our lives and our jobs would MS, in 1941. His father was a shipyard When Congressman Colmer retired be impossible. worker, and his mother was a school- after 40 years in the House, he encour- Now TRENT has decided to leave the teacher. He went to the University of aged and endorsed TRENT as TRENT ran Senate and pursue another adventure Mississippi in Oxford, where he earned for and won his seat. in his life. He will be greatly missed an undergraduate degree in public ad- I have often heard it said that the and, after more than 30 years of fight- ministration, and a law degree. great formula for success is prepared- ing for the people of Mississippi, he After finishing his education, he ness plus opportunity. I know that will be very difficult to replace. went to work for his local Congress- TRENT believes it too, which is why TRENT will always be remembered as man, William Colmer, for 4 years. when the opportunity came for TRENT someone who had a talent for putting When Congressman Colmer announced to run for the House, he was fully pre- together agreements so that everyone his retirement in 1972, he endorsed pared and that ultimately led to his came out a winner. He has been in TRENT LOTT as his successor—even success. He then served in the House more battles than I can count on the though Colmer was a Democrat, and from 1972 until his election to the Sen- floor and in committee and through it LOTT ran as a Republican. TRENT LOTT ate in 1988. all he has always stood up and fought won that election. And he was re- Here in the Senate, TRENT has com- for the things he believes in, like keep- elected to Congress seven times. piled a remarkable record of achieve- ing our taxes low and providing a As a congressman, TRENT LOTT had a ments because he understands the im- strong defense to keep us safe and free major, positive impact on his col- portance of working together to reach from harm. leagues, and also on the economic vi- common goals. I have a similar rule I In his statement about his retire- tality of America. After the 1980 elec- have often put into practice during my ment, TRENT reminded us of the Bible tion, he was elected to serve as House service in the State legislature and passage that tells us that everything minority whip, and he became the first here in the Senate. I call it my 80/20 has its own time, everything has its southern Republican to ever hold that rule. Simply put, it means we can own season. For TRENT, this will be a position. agree on 80 percent of every issue. It is time of great change and the beginning Counting votes, building coalitions, the other 20 percent that can sometime of another new season in his life. One and moving legislation were things he throw us off track and prevent a solu- thing that won’t change, however, will seemed born to do, and he genuinely tion to the issue at hand. If we are be TRENT’s continued service to God enjoyed the process. In 1981, he helped going to make any progress, the key to and the country he loves. forge the bipartisan alliance that en- success is to focus on that 80 percent Mr. FEINGOLD. Mr. President, I join acted President Ronald Reagan’s his- and not allow ourselves to get side- my Senate colleagues in wishing Sen- toric, across-the-board tax cuts. tracked. ator TRENT LOTT well as he leaves the Those tax cuts have been extremely TRENT fully understands that prin- Senate. I have known Senator LOTT successful. Since they went into full ef- ciple and he has put it into effect since I arrived here in 1993, and he has fect, the U.S. economy has almost throughout his political career. When- always been a model of civility, and quintupled in size, the Dow Jones has ever he was working on an issue he someone whose word you can rely on. surged from less than 1,000 to over knew that it was better to walk away While we don’t have a great deal in 13,000, and a wave of revolutionary with half a loaf than wind up with common politically, we still have technologies, including cell phones and nothing. He knew that, with half a loaf worked together on important issues the Internet, have strengthened Amer- in hand, he could always work on nego- like media concentration and 527 re- ica’s position in the global market- tiating for the other half sometime form. One of the best things about place. later on down the road. working in the Senate is finding ways In 1988, TRENT LOTT ran for, and won, That spirit of cooperation and com- to reach across the aisle and work to- a seat in the U.S. Senate. Since he ar- promise has been TRENT’s hallmark gether, and I am pleased that Senator rived, TRENT has earned strong marks and his guiding philosophy during his LOTT and I could find that common from the people of Mississippi, and service in the House and Senate. That ground. I think that is what the Amer- they have reelected him to the Senate is why he was able to get so much done ican people want us to do, and it is three times. for his State. something that TRENT LOTT has always Senator LOTT has never forgotten the There is no doubt that the people of done very well. It was a pleasure from needs and concerns of his constituents. Mississippi love TRENT and they great- time to time to be on the same side as I know about his compassion, dedica- ly appreciate how hard he has been Senator LOTT. He is an effective and te- tion, and hard work because I have working for their best interests. That nacious legislator, and I think we both seen it firsthand. is why they kept sending him back to enjoyed the strange bedfellows aspect In 2005, as we all know, Senator Washington after every election. of our work together. I particularly en- LOTT’s house was destroyed by Hurri- I will never forget when I was run- joyed appearing before the Rules Com- cane Katrina—a storm that created so ning for reelection in 2002 and TRENT mittee when Senator LOTT was its much destruction throughout the gulf came to Wyoming with his wife Tricia chairman. coast. to help. He was a big hit and he re- Senator LOTT has given so much of Since then, Senator LOTT—along ceived an enthusiastic response every- his life to public service, serving 34 with his partner from Mississippi, Sen- where we went. It made a big difference years in Congress, in a number of dif- ator COCHRAN—have helped lead the to me to know that our leader in the ferent leadership posts. I have appre- fight to make sure that Washington Senate was willing to take the time to ciated his willingness to work together meets its obligations to the people of help a fellow Republican who was up on a number of issues, and I have ap- the Gulf Coast states, who are rebuild- for election. preciated what a fair and courteous ing still today. His commitment during I wasn’t the only one, of course. colleague he has been. I know that the this time is a good part of why he de- Whenever TRENT saw an opportunity to people of Mississippi will miss his lead- cided to run for reelection. help one of our nominees, he was al- ership, as will so many in this body. I Throughout his tenure in the U.S ways there to lend his support and pro- wish him all the best as he leaves the Senate, TRENT LOTT has demonstrated vide whatever was needed to increase Senate and returns to private life. tremendous leadership ability. our chance for success. Mrs. HUTCHISON. Mr. President, I After the 1994 election, he was elect- TRENT has been very fortunate in his rise today to congratulate my friend, ed Senate Republican whip, and in 1996, life, but nowhere has he done better Senator TRENT LOTT, on his 35 years of he succeeded another Senate legend, than in his choice of a spouse. The old service to the people of Mississippi in Bob Dole, as Republican leader. adage is true. He and I both ‘‘over-mar- both Houses of Congress, and also to During the next 6 years, Senator ried’’ and our lives have been blessed wish him well as he leaves the Senate, LOTT was a strong leader for several with the presence of a spouse who and begins the next chapter of his in- pieces of legislation that improved life makes it possible for us to do every- credible life. in America in a wide variety of ways.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.003 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15811 First and foremost was the landmark I have had the privilege of working institution to work for the American welfare reform bill of 1996. with Senator LOTT on two issues of people, the 100 Members of this body The next year, Senator LOTT worked paramount importance to the safety must find a way to cooperate; despite to produce a bipartisan agreement that and security of our Nation. Like me, he the differences in region, ideology, cut taxes, cut spending, and most im- comes from a shipbuilding State and he party, and even personality. TRENT had portantly, balanced the Federal budget fully understands how essential a seventh sense of what motivated his for the first time in almost 30 years. seapower is to preserving our freedom. colleagues and how they might ap- Then, in 2001, Senator LOTT led the We have worked together to strengthen proach an issue that was before the fight for President Bush’s tax cut pack- our Navy and to pursue a dual-shipyard Senate. Sometimes, it was uncanny age. Combined with the tax cuts that strategy because it is in the best inter- how prescient TRENT could be about followed in 2003, lower taxes have once ests of America. the outcome of a particular vote on the again recharged America’s economy, As a leader of the Homeland Security Senate floor. He understood that one even as the global economy grows more and Governmental Affairs Committee, could compromise in order to achieve competitive I had the opportunity to work closely results without compromising core Since 2003, we have created 8.3 mil- with Senator LOTT during our inves- principles. lion jobs, which is more jobs than all tigation of the response to Hurricane Yes, TRENT was a conservative Re- the other major industrialized coun- Katrina. His knowledge of the gulf republican partisan when he needed to tries in the world combined. The eco- gion was invaluable, and his compas- be. But TRENT also knew there were nomic growth caused by those tax cuts sion for the victims of that disaster times when it was critical to put par- has also led to record tax revenue. Fed- was inspiring. Although his own home tisanship aside for the national inter- eral tax receipts are up more than 37 was destroyed by the storm, Senator est. Particularly in the area of na- percent over the past 3 years. This has LOTT was on the front lines from the tional security, TRENT comprehended enabled us to cut the budget deficit in start, directing resources where they that Republicans and Democrats must half, and if trends continue, we will be were most needed and helping cut find a way to unite to promote Amer- able to eliminate the deficit as soon as through the redtape. Before Katrina ica’s interests. 2012. hit, he had planned to step down from In addition to being an effective leg- During recent years, Senator LOTT the Senate last year, but with the islator, TRENT is a man of considerable has also taken a leadership role on needs so great and with a contribution charm and warmth. Hadassah and I other issues, including improving edu- yet to make, he instead ran again so have great memories of the times we cation and strengthening homeland se- that he could continue to serve at a spent with TRENT and his wonderful curity. In fact, he brokered the com- time when his experience and dedica- wife Tricia. When we would travel promise that created the Department tion were most needed. abroad, TRENT was a terrific com- of Homeland Security. He was also in- Although Maine and Mississippi are panion and always carried himself with strumental in passing the Rail Secu- separated by great distance, both are honor, style, and grace. I even remem- rity Act. rural States facing similar challenges, ber a moment when we were staying in Senator LOTT’s ability to round up and I have always found Senator LOTT a hotel in Scotland when we were votes and get results is clear for any- a strong ally in meeting them. I was forced to hurriedly exit in the middle one to see. That is why his Republican especially pleased to cosponsor his Am- of the night because of a fire alarm. colleagues elected him assistant Re- trak reauthorization bill, which recog- Yet, there was TRENT, perfectly coiffed publican leader again last year. nized that the benefits of modern rail and unruffled. Our leader! I have had the privilege to serve with service must be made available to all Although TRENT was always devoted Senator LOTT as a member of the Re- States and to all of the American peo- to the institution of the Senate, he was publican leadership and have watched ple. also devoted to another critical Amer- him affect the outcome of every major Last April, I had the honor, at Sen- ican institution—the family. TRENT did piece of legislation that has gone be- ator LOTT’s invitation, of addressing not merely talk about family values— fore Congress. students at his beloved University of he lived them. TRENT saw no contradic- Last month, when Senator LOTT an- Mississippi. Specifically, I addressed tion in being a good Senator and being nounced his intent to resign from the students at Ole Miss’s TRENT LOTT a good husband and father. That is to Senate, I was saddened—like all of my Leadership Institute, a designation his tremendous credit, and, for all of colleagues—to hear of his plans. How- made in honor of his commitment to us, a tremendous lesson. ever, like all of my colleagues, I also public service. It is a commitment that Above all, TRENT appreciated the understand his desire to have time for has greatly benefitted our Nation, and miracle of America. He rose from mod- himself and his family. After 35 years it is the legacy for which Senator est means in Grenada, MI, to ascend to of public service, he deserves that and TRENT LOTT will always be remem- the legislative heights in Washington, more. bered. DC. However, TRENT never abandoned America is a better place—and has a Mr. LIEBERMAN. Mr. President, it is the values of faith, family, and hard brighter future—because of TRENT with sadness and affection that I note work that were his inheritance from LOTT. the imminent departure from the Sen- his beloved parents, Chester and Iona I wish TRENT and Tricia, and their ate of my dear friend and distinguished Lott. family all the best in the future. colleague TRENT LOTT of Mississippi. TRENT, as you begin this new chapter Ms. COLLINS. Mr. President, as this TRENT and I came to the Senate to- in your life, I wish you well. Your ex- session of the Senate draws to a close, gether almost 20 years ago. Over that ample of doing what is necessary to I want to say thanks and farewell to time, I have come to respect TRENT’s make this institution work is someone of our most dedicated Members, leadership abilities, but most of all I thing we have all benefitted from. The Senator TRENT LOTT of Mississippi, and have treasured his friendship and coun- people of Mississippi and the people of to wish him all the best in the next sel. America are grateful for your service. phase of his life. TRENT and I come from different And Hadassah and I look forward to In his 36 years of service as a Member places but we share a deep love for our continuing our friendship with Trish of both the House and the Senate, country and a deep respect and appre- and you for years to come. May God TRENT LOTT has consistently dem- ciation for this institution in which we bless you and yours, dear friend. onstrated his deep commitment to our have been privileged to serve. TRENT Mr. GREGG. Mr. President, I rise to nation and to his state. His amazing not only represented his beloved home speak about Senator LOTT. The Senate understanding of intricate Senate rules State, but he became a national leader is a place—and we have heard it today and procedures has guided us through because his colleagues recognized that for 2 hours with wonderful eloquence many challenges. His outstanding work he had extraordinary abilities to make and thoughts and humorous stories and as our Republican whip has strength- this institution work. anecdotes about Senator LOTT—it is a ened our caucus and our two-party sys- Like all successful and effective Sen- place of words and language. It is also tem. ators, TRENT understood that for this a place, obviously, of legislation, and

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15812 CONGRESSIONAL RECORD — SENATE December 18, 2007 legislation leading to laws. But, most go: his ability to reach out and make of integrity, the willingness to get significantly, the Senate is a place of people’s lives better, to change their things done and to work hard. Succeed, people, of individuals—individuals who lives and improve their lives. and then take advantage of your oppor- come here from all over our Nation, He has brought all those Mississippi tunities to make life better for others, representing their people but always values here. I think there is some sort and that was his whole purpose in the representing America, and who meld of almost genetic quality to Members Senate—to make life better for Amer- into the institutions and traditions of of the Senate from the South. They ica but especially for his constituents this extraordinary place in various just have this ability to move through in Mississippi. ways. Certain individuals leave an in- this body with ease and with comfort Of course, then came Katrina. What a delible mark. There are not too many, and make everybody feel relaxed and devastating effect it had on him and but there are some who have. enjoy them. They do not have that Tricia. They had this beautiful home in I would expect that TRENT LOTT will stoic nature that we might have, those Pascagoula which, again, Kathy and I be one of those individuals. of us from the Northeast. Rather, it is had a chance to visit, an extraordinary I have had the great pleasure and just the opposite. They have an energy house in a line of Victorian houses honor of working with TRENT LOTT off and an effervescence and a personality right on the waterfront. Out behind the and on for a long time. I was elected in that brings people in and causes people house there was this magnificent oak the class of 1988 to the House of Rep- to want to work with them. tree, just huge. I have never seen such resentatives. He was elected Repub- Of course, numerous statements have a spectacular and large tree. The storm lican whip of the House at that time. been made about what a great indi- came, of course, and it wiped out his Somebody mentioned in their state- vidual he is, about going across the house, it wiped out his brother-in-law’s ment—and I served in the House with aisle and understanding how you go house, his sister-in-law’s house, and him and have served in the Senate with across the aisle and make things work every other house anywhere near there him for many years—that he won three here. That is absolutely true. He is a was devastated. He found his class ring, major leadership elections by one vote. tremendous doer of legislation because I believe, three blocks away, or some- I know I, at least, voted for him in he has the capacity to bring together body found it and gave it to him. All of those three elections, so maybe I was coalitions. He knows how to reach out their memorabilia, the things that that one vote. to people in a comfortable way. He also meant so much to them, the photos of Our wives and our families have inte- knows how to fight a fight and win it. their families, their notes and com- grated over the years and have been But it goes well beyond this issue of ments they received from people, from close and done a lot of interesting and working to reach compromise to make Presidents and others, all the memora- fun things together. Kathy and Tricia legislation pass because he has had a bilia that had represented his lifetime and Tricia’s lifetime, of family and are very close friends. TRENT and passion for getting things done. He also Kathy are close friends. And I am a has a philosophy of how we should gov- Mississippi activity was also spread close friend of Tricia. We really enjoy ern. He is truly a conservative, a fiscal and destroyed by the storm, and the that friendship, and it goes back to a conservative, an individual who under- house, of course, was eliminated by the lot of different instances. stands the importance of giving the in- storm. But I asked him, because I was so There are a lot of stories told about dividual opportunity, giving the indi- startled, if the tree was still there. He TRENT LOTT. One of my favorites is vidual the capacity to succeed in our said to me: Yes, the tree is still there. that TRENT tends to like to sing and Nation because he had undertaken that The tree is still there, this huge oak dance. I guess that comes from his and accomplished it. tree that is so beautiful, so magnifi- cheerleading days at Mississippi. But But it always goes back to his Mis- cent and so elegant. As TRENT leaves he has so much energy he has to let it sissippi roots, I believe. He now has—I this Senate, I think of this oak. He think it is something Senator ALEX- out through song and dance. On occa- may be leaving the Senate, but he is ANDER described because Senator ALEX- sion, he can be drawn into this. In fact, still here, and he will be here. His ANDER and his wife, Honey, and Kathy it does not take too much to get him to memory will be here, and the way he and I had the good fortune to be in- sing. did things, the way he taught those of vited down to visit him at Tricia’s new We were at a gathering once, where us who learned from him will be here. home—we call it Tricia’s home—in Tricia and I and Kathy were sitting He will leave a legacy which, like an Jackson, MS, where they bought this around a table near a stage, and TRENT oak, will stand for a long time in this very nice house they are restoring. It is was up on the stage singing with his body. It was an amazing and an ex- good friend, Guy Hovis, and then there an antebellum house. It is a beautiful traordinary privilege to have the abil- was dance music that started. Tricia, house. He just loves the land. He loves ity, the right, and the privilege to knowing TRENT as she does so well, the people who come to the house. The serve with him, and for Kathy and I to turned to Kathy and said under her people he sees, he loves, throughout his get to know him and Tricia over these breath: If you don’t look at him, he day and when he is traveling in Mis- many years. So we thank him for his won’t ask you to dance. sissippi. service, and we look forward to con- Of course, he loves his tractors. He Little did Tricia know that Kathy ac- tinuing our friendship as the years pro- has this whole shed full of tractors. I tually likes to dance too. So the two of ceed. them went off and danced away and am sure there must be maybe 7 trac- Mr. CRAIG. Mr. President, there is had a great time. Tricia and I sat at tors there, farm equipment. Of course, something that is being concluded to- the table dancing inside. But as a prac- only 1 or 2 of them actually work. But night or upon the time we go sine die, tical matter, he has an energy and a as a practical matter, he loves them. and that is the career of Senator TRENT personality that is effusive and effer- He loves them. He loves to just drive LOTT of Mississippi. While many have vescent, and it draws everybody in. around his property and make sure his come to the floor over the course of the He is truly the American story. He is fields are cut. He cuts them, and he day to speak about TRENT, I have not not a southern story, he is an Amer- makes sure they are properly taken had that opportunity because of sev- ican story. He came from a family of care of. He is working his Mississippi eral other meetings and a committee moderate means. His father was a pipe- land. He and Tricia built this beautiful that was in session. So I wish to take fitter. His mother was totally com- home down there, where I suspect their a few moments to visit with all of my mitted to him. He raised himself up purpose is to gather their family which colleagues about my friend and my as- and went to his beloved University of is so important to them: Chet, Tyler, sociate TRENT LOTT. Mississippi, which I think he still their grandchildren coming over on a There is not a lot I can say to add to thinks he is going there some days he regular basis. Kathy and I just looked what has already been said about his talks so much about it. at them and said: These are special quality as a person, his ability as a His whole life has revolved around people. These people represent the val- leader. Mississippi and the people of Mis- ues we really have as Americans—not I first got to know TRENT in 1981 sissippi and the people he has helped in as southerners but as Americans—the when I came to the House. He had al- Mississippi. This is what has made him value of family, value of honesty, value ready been there for 10 years and was

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.068 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15813 rapidly growing in stature amongst Re- frankly, we found out to our great sur- Mr. BOND. Mr. President, born in publicans as a leader who would ulti- prise that it raised a lot of money. Grenada, raised in Pascagoula, and mately be chosen to work as a Repub- I know TRENT and John and Jim and educated at the University of Mis- lican whip in the House. I still today, every so often, will get a sissippi—there is no denying where He and I grew to know each other and phone call from somebody who says: I TRENT LOTT is from. He is a true son of our wives got to know each other dur- just listened to your CD again, and you Mississippi. ing that period of time and a clear know, you guys were amazingly good TRENT is one of my few colleagues friendship developed. But it was not for United States Senators. who knows how to say ‘‘Missouri’’ until both of us left the House and Now, that is probably a side of TRENT right. came to the Senate that we developed LOTT that was not spoken to today, but In all seriousness, it has been an a different kind of relationship and it is a side of TRENT LOTT that you all honor to work with TRENT LOTT, and a friendship that, frankly, most Senators ought to know—the smile, the joy, the real pleasure for Linda and me to get don’t have the opportunity to do. fun we had of singing the kind of songs to know his wonderful wife, Trish. TRENT LOTT and I and John Ashcroft, we sang in a way that Senators are just Senator LOTT has had a remarkable the Senator from Missouri, who be- not supposed to do. For in the end, career in Congress that has spanned came U.S. Attorney General under this Senators are like an awful lot of other seven Presidents, two impeachments, administration, and a former Repub- folks out there—we are human. We and most importantly, decades of lican, and then to become a Demo- have a very human side to us, with our progress that has made Mississippi and cratic Senator and then to retire, Sen- friends and our families, and that is America stronger and more prosperous. ator Jim Jeffords of Vermont, all four what we learned about TRENT and He saw Watergate up close and per- of us developed a very unique relation- Tricia Lott and John Ashcroft and his sonal, oversaw the end of the Cold War, ship that no other Senators shared. We wife and Jim Jeffords and his wife, as spearheaded enactment of historic wel- found out that we could sing together we traveled around the country singing fare reforms, shepherded passage of tax and that in doing so, we could not only on behalf of Republicans, but really relief in both the Reagan and Bush ad- have fun ourselves, but that other peo- singing on behalf of America because ministrations that made America’s ple, sometimes with a smile, would we enjoyed it and we hoped others working families more prosperous, and suggest they enjoyed listening to us. would enjoy it. helped pass numerous historic trade We formed a group called the Singing That is something I will miss when agreements to create more U.S. jobs. Senators, and over a period of about 4 TRENT LOTT leaves because we have While his career in Washington began years, we traveled from Los Angeles to had an opportunity since that time to in the House, he quickly became a Springfield, MO, to Branson to Houston get together on occasion and sing a few creature of the Senate and built a rep- to Nashville. We were on the ‘‘Today songs and enjoy ourselves. TRENT LOTT, utation as a parliamentary master. Show.’’ We sang at the Kennedy Cen- a great United States Senator from Getting work done in the Senate is ter. What was most interesting was, we Mississippi, and a guy with a pretty no easy task. I like to say it is a lot shocked folks. Not only after a lot of good bass voice. like getting frogs in a wheelbarrow. Mr. HAGEL. Mr. President, I rise practice did we begin to sound pretty Some may call it herding cats. How- today to pay tribute to our friend and good, but can you imagine stuffy, blue ever you would like to say it, Senator colleague, Senator TRENT LOTT of Mis- pinstripe suit Senators all of a sudden LOTT knew how to get the job done. sissippi. When Senator LOTT steps singing ‘‘Elvira’’? That we did, and we Senator LOTT always knew how to down at the end of this year after 35 had a lot of fun doing it, and we enter- count votes and get the best deal based years of service to our country in the tained people all over the United on Republican priorities and principles. Congress, he will leave behind a legacy States. In the Senate, there is no higher com- of leadership and service to Mississippi. But what came out of that was a RENT I have known Senator LOTT for many pliment. And in that respect, T is friendship and a bond that probably years. Our friendship dates back to a Senator’s Senator, reflected both in few others have because the four of us when he was first elected to the House his work on behalf of Mississippi and traveled together with our spouses in of Representatives in 1972. on behalf of America. all of these locations that I mentioned In 1981, when serving as House Repub- On behalf of the country, his belief in and a good many more, not only to en- lican whip he played a central role in fiscal responsibility led to a historic tertain the public and to show we were the formation of a bipartisan coalition tax cut agreement that produced the human by our character, while we which produced national security ini- first balanced budget since 1968. could still be Senators, but also to tiatives and promoted economic recov- His belief in investing in a strong na- raise money for our party or to raise ery under President Ronald Reagan. tional defense has made our country money for a Senate candidate. In 1994, Senator LOTT became the safer. I will never forget the time when we first Republican to ever have been On behalf of his home State of Mis- were in Los Angeles and there were elected whip in both houses, and then sissippi he has been tireless in his ef- about a thousand people out there went on to become Senate majority forts to promote economic develop- waiting to hear us. We were singing off leader. He and his friend and fellow ment and expand job creation. From of a CD with our background accom- Senator from Mississippi, THAD COCH- investing in schools to improving infra- paniment music, and the system broke RAN, who were both elected to the structure, his contribution has been ex- down. And what do you do when the House in 1972, were the first two Repub- tensive and lasting. music stops? Well, most people quit licans to win statewide elections in the Thanks to Senator LOTT, Toyota, singing. But we found out that we Magnolia State since Reconstruction. Lockheed Martin, Northrop Grumman, could sing a cappella, or without ac- In 2005, when Hurricane Katrina left and many other companies have a companiment. So we sang ‘‘God Bless nothing but an oak tree on the front home in Mississippi. America,’’ we sang a couple other lawn of where his home had been in It has been a tremendous honor and songs, and then they got the music Pascagoula, MS, Senator LOTT worked privilege to serve with TRENT LOTT. fixed. And I think the audience enjoyed tirelessly for recovery funding and tax I join my colleagues in congratu- us without music more than they en- breaks for gulf coast homeowners and lating the Senator and thanking him joyed us with music. Anyway, we had a businesses who had lost everything. for his many years of service and our lot of fun. My wife, Lilibet, who is also from friendship. But in the end we did something else. Mississippi and I wish TRENT, Tricia, Mr. BARRASSO. Mr. President, I rise We went to Nashville and put all our and their family every happiness in today to join in recognizing Senator songs together on a CD, produced sev- their new life. They have earned it. But TRENT LOTT. eral thousand CDs, just to give away, we will miss them. Less than 6 months ago, I joined the and found out that they were in de- Mr. President, I know all our col- Senate. I was selected to serve out the mand. So we sold them all, and all of leagues join me in congratulating Sen- term of our dear friend, Craig Thomas, the money went to the Ronald and ator TRENT LOTT on a long, successful, and given the responsibility to rep- Nancy Reagan Alzheimer’s fund. And, and distinguished congressional career. resent the people of Wyoming.

VerDate Aug 31 2005 07:17 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.077 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15814 CONGRESSIONAL RECORD — SENATE December 18, 2007 My experience has only been en- ance, character; and character, hope,’’ in the U.S. Congress, we now say fare- hanced by the quality of the individ- and certainly I’ve seen that in the life well to our valued colleague. He has uals with whom I serve. The welcome of TRENT LOTT. served his country with resolve, honor, has been warm, the advice gratifying, When he talked this morning about and energy. As he leaves us in order to and the diversity of my colleagues re- his four pillars of family, faith, friends, spend more time with his beloved fam- markable. and freedom, the one that people didn’t ily, I join my colleagues in thanking This morning’s session is about the talk much about was his faith. I have TRENT and his wife Patricia for their incredible service of one exceptional prayed with him at a weekly meeting service to their country, and I wish Member of the Senate, TRENT LOTT. for many years, an I have to say this him all the best in his future endeav- President Reagan once said, ‘‘I know about him: he is a faithful and obedient ors. TRENT LOTT as one of the most impor- person to his Lord and Savior Jesus Ms. MURKOWSKI. Mr. President, I tant leaders in the country on issues Christ. So many of my colleagues say have not had the privilege to serve in vital to all Americans.’’ they have lost a friend, a colleague, the Senate with our colleague, Senator Shortly after I joined the Senate, and a statesman, but I have lost a LOTT, for as long of a period of time as Senator LOTT was kind enough to visit brother. I rejoice in the contributions many of those who have spoken today. with me and share some advice. In ad- that TRENT LOTT has made throughout But it doesn’t take that long to real- dition to his advice on how to deal with his life. ize just how important the Senator the Senate as an institution, it was his Mr. BROWNBACK. Mr. President, I from Mississippi’s contribution to this advice of a more personal nature that wanted to take a few moments this institution has been. is most inspiring. Senator LOTT morning to pay tribute to my depart- We all know of his tremendous dedi- stressed that to survive the chaos and ing colleague, Senator TRENT LOTT of cation to the institution that is Con- challenge of serving in the Senate, it Mississippi. gress. Thirty-four years of public serv- was important to never be far from the Senator LOTT has been a trusted ice between the House and Senate. His people you love the most. It was evi- friend, a hardworking legislator, and a creation of the whip organization in dent from his words that the depth of skilled party leader on issue after issue the House that emphasized Member-to- love for his wife Tricia, his family, in his 35 years of distinguished service Member contacts and outreach to the friends, and the people of Mississippi in the House and Senate. He has been a other party. Election to the Senate in was the key to his success in Wash- tireless champion of conservative val- 1988, as the Senate majority leader in ington. His inner strength comes from ues over the year, but it is a testament 1996, and then as the Republican whip the people who supported him when to his unfailing courtesy and affability earlier this year. times were tough and challenged him that he has been so popular and effec- But rather than lament the loss of a when he thought all was well. It is a tive with his colleagues over the years, tremendous asset, I would like to cele- lesson I will remember for as long as I without ever surrendering those core brate his accomplishments. values. This Senate will miss his pres- am fortunate enough to represent the When there is a problem to be re- ence and example, and his state and his people of Wyoming in the Senate. solved, TRENT can resolve it. When If he were with us today, Senator Nation will miss his principled leader- there is a compromise that needs to be ship. Thomas would want to extend his brokered, TRENT will broker it. And I often think about what an incred- heartfelt best wishes to TRENT and when there is a shortage of tomatoes at ible country this is where the son of a Tricia. I know Susan Thomas wishes the Lott household, well, TRENT always Kansas farmer and the son of a Mis- the entire Lott family many years of knew he could find a few extra in the sissippi shipyard worker can work to- happiness and success. I join all of my gether on the great issues of our day in garden a few doors down. colleagues in wishing all the best to My husband and I have been fortu- the world’s greatest deliberative body. nate these past 5 years to be neighbors this remarkable man. I know that this country is better for Mr. INHOFE. Mr. President, the first with TRENT and Tricia. We share many the fact that TRENT LOTT, with all of call I received from TRENT LOTT was in his talents and abilities, was given that things as neighbors—I blow the leaves 1986 when I first ran for Congress. opportunity. down the sidewalk to his yard, and he Though the polls hadn’t yet closed and Senator LOTT was instrumental in blows them back to mine. I still didn’t know that I won, TRENT the great political realignment that Jokes aside, whether it was the quick called me up to congratulate me. In took place in the South throughout the conversations between Members during 1994 when I ran for my Senate seat, 70s and 80s; in fact he was only the sec- votes, or a closed door sit down discus- TRENT LOTT again called me on elec- ond Republican elected to Congress sion on the issues, TRENT knew the tion night to tell me congratulations. from Mississippi since Reconstruction. pulse of the Senate. He works like a TRENT and I have worked together for He went on to become one of the most butterfly—going from Member to Mem- 21 years and he has always been the effective political leaders of his day, ber on the floor, lighting for a moment best political mechanic in Washington. perhaps one of the most effective lead- to discuss an idea or resolve an issue I take great pride in having helped ers this body has every seen. Trent has and then going on to another. Always launch the successful political career been amazingly effective, in building friendly, always working to find the of TRENT LOTT by being one of his first coalitions, in working across the aisle, path forward. supporters in his bid for the Republican and in leading his party. His ability to develop those relation- Whip position. Those of us on both sides of the aisle ships and work out a deal to everyone’s People quite often take shots at who have worked with him over the satisfaction is a skill that I certainly TRENT without justification. Don Imus years know that TRENT LOTT is a man look to as a model for how the Senate used to say on his morning radio proof his word. In large part, that has ac- should operate. gram that it looked like TRENT counted for his political effectiveness, So it is with great fondness that I ‘‘combed his hair with a sponge.’’ Well, both with the voters and with his col- wish my friend and colleague well in I have to admit it did look that way leagues. With SENATOR LOTT, there is his future endeavors. I wish him and sometimes, but if that is the worst you never any question about where he Tricia well as they embark on the next can say about TRENT, I think he is stands and who he is, and that kind of stage of their adventures. doing just fine. integrity gains people’s respect and ad- TRENT, thank you for your friend- One lesson I’ve learned from TRENT is miration. ship, and for your service to this Na- that you shouldn’t take things too seri- His integrity was never more appar- tion and this institution. ously. I’ve seen him laugh in the face ent than when he stayed in the Senate The PRESIDING OFFICER. The Sen- of adversity on more than one occa- out of a sense of duty to his state to ator from South Dakota. sion, most recently when TRENT’s home see his people through the terrible nat- Mr. THUNE. Mr. President, as a sort in Mississippi was wiped out by Hurri- ural disaster that was Hurricane of starting point, I noticed that cane Katrina. Romans 5:3 tells us to re- Katrina. throughout today we have had a lot of joice in our sufferings because ‘‘suf- After three decades serving the peo- legislative business, and I thought it fering produces perseverance; persever- ple of his State and serving his country was interesting this morning, when

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.118 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15815 many of my colleagues came down here are so closely associated with the Sen- There is a verse in the Bible that to pay tribute to Senator LOTT, that ate. says: while that was going on, and I was My office is next to his on the fourth Where your treasure is, there will your coming down here as well to listen to floor of the Russell Building. It was not heart be also. some of those and to offer my remarks uncommon for Senator LOTT to do the I think you could always tell what at that time, I was handed a whip card pop-in visit. He would pop into my of- things TRENT treasured. You could al- to go start to do some whip work, be- fice, always to have a discussion about ways tell where his heart was because cause that is the task that Senator perhaps what the issue of the day was. of the things that he treasured. His LOTT—and I have had the honor to But there was not one of those pop-in faith was very important to him in a serve on his whip team—is entrusted visits where I didn’t learn something, personal way. His family, his beloved with here in the Senate. where just, again, having been exposed wife Tricia, and his children, were al- So it was always focused on the task to him presented the opportunity to ways a top, first priority for him. Fi- and always on the work at hand. Even learn from someone who had mastered nally, his friends. That was something this institution after serving here for as we were in his last day here in the I think you heard abundantly today as those many years; someone who also Senate paying tribute to him, he con- people from both sides of the aisle got understood the House very well, 34 or tinued to work hard at the responsi- up and talked about their experiences 35 years, I think, in total in the House bility that had been entrusted to him and the relationships that he had built and Senate, as well as having served by his fellow Senators on this side of with them over the years. If you can here as a staffer prior to that. the aisle. judge someone, where their heart is, by When Senator LOTT came to the Sen- It was a great privilege, as I said, to where their treasure is, you always be able to serve in that capacity and to ate the very first time as a staffer—I don’t know exactly the date, but I knew where TRENT LOTT’s heart was. It learn from Senator LOTT. I think he was with his faith, it was with his fam- has the distinction as perhaps the only know it was sometime in the late 1960s—I was probably in first or second ily, and it was with his friends. person who served as the whip in the I am very proud and privileged to House of Representatives and now in grade, somewhere in that vicinity. Over the years, his service has helped count myself among those friends. the Senate. As he leaves, he leaves a accomplish a great many things for the The PRESIDING OFFICER. The Sen- great legacy. Many of us who have had American people. He has been a great ator from West Virginia. the opportunity to learn under his tu- leader for the Republican Party. As Mr. BYRD. Mr. President, how much telage about the way this institution majority leader, as minority leader, as time do I have? operates have been blessed to have minority whip, majority whip—in all The PRESIDING OFFICER. The Sen- someone like him to be a teacher. those positions he has held he has had ator is recognized for 3 minutes. Senator LOTT always understood that Mr. BYRD. Mr. President, I ask unan- one goal and objective in mind, and although we deal with very serious, imous consent that I may speak for as that is to help his team help this great very weighty, sometimes complex and country continue to prosper, continue long as I wish to consume. That will oftentimes consequential issues, it is to be safe and secure for future genera- not be very long. I cannot talk about also important that we not take our- tions. Senator LOTT in 3 minutes. selves too seriously. TRENT never did. If I think there are any lessons that The PRESIDING OFFICER. Without Even those of us sort of plain Mid- can be learned, things that I, perhaps, objection, it is so ordered. westerners who resisted the seersucker Mr. BYRD. I thank my colleagues, learned from TRENT during his service suit day and its attendant fashion in the short time I have had the oppor- Mr. President. statement recognized the value of tunity to serve with him, one would be Mr. President, in his political mem- many of the trends that Senator LOTT to serve causes that are greater than oir, ‘‘Herding Cats: A Life in Politics,’’ was responsible for instigating. yourself. I think he had a great sense our distinguished colleague, the former TRENT never lost sight of the fact of purpose about what was important majority leader, Senator TRENT LOTT, that in the end—while we are elected in life. Clearly, that was the case or he noted that he viewed his ‘‘years in officials, we are Senators, we have re- would have gone off and done other Washington as a magnificent experi- sponsibilities to our constituencies, re- things a long time ago. ence, with many more mountaintops sponsibilities under the Constitution, Second, to be serious about your than valleys.’’ How is that? Let me say responsibilities to our country—that work. He was very much, as I said, a that again: He viewed his ‘‘years in we are all human beings. In the end, task master. I know from experience, Washington as a magnificent experi- despite our differences, the relation- serving on his whip team, that when ence, with many more mountaintops ships are what will endure. He worked there was a task at hand he was very than valleys.’’ actively at building those types of rela- focused and intently conscious of the What a wonderful way to look at tionships. importance of getting the job done and one’s experience in the U.S. Congress. I first had the opportunity to meet getting it done in a timely way. He was Everyone in public life knows there are TRENT when I was a Member of the serious about his work. But the other valleys. Life may be unfair, but in pub- House of Representatives. Like many thing he understood was he never took lic life, that unfairness, I daresay, is of my colleagues who at the time himself too seriously. He, as I said, in- magnified tenfold. But as Senator LOTT served in the House, he was the leader vested in relationships in this body, explains, he prefers to look at the in the Senate. But we had some oppor- knowing full well it is those relation- mountaintops, and his political life has tunities to interact, and we always re- ships that will have the enduring been one of many mountaintop experi- spected the work he did and the way he value. ences. understood the Senate and its rules The final lesson that I got from This son of a shipyard worker and and its procedures and was able to ef- TRENT is never forget where you came public school teacher was elected to fectively make it work to produce re- from. That was one thing he also mod- the U.S. House of Representatives in sults. Ultimately, that was always his eled. He was a Mississippi original 1972. He was in the House for 16 years, objective. He knew we were going to through and through. That was somewhere he distinguished himself by serv- disagree, he knew there would be dif- thing you always sensed. His priority, ing with great aplomb on the House ferences, but in the end his objective his heart, was always with his home Rules Committee as his party whip. I was always to get us across the finish State. What came through loud and know something about that party line so the Senate could complete its clear to all of us when his State was whip. That ain’t easy. work, and the work of the American struck with the adversity that came In 1988, he left his safe and secure people could be done. from Hurricane Katrina and the after- seat in the House to run for the Senate. I will certainly miss, as will many math of that was the enormous work Reach for the stars. In the Senate, Sen- Senators, that personal touch, that he did to help his State to recover. He ator LOTT has served as Republican sense of humor, that warmth, that always had a sense of where he was conference secretary, Republican Sen- smile—all those things that are part of from. He never lost sight of that, and ate whip, Senate minority leader, and his character and his personality that who he represented. Senate majority leader. As the Senate

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.181 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15816 CONGRESSIONAL RECORD — SENATE December 18, 2007 whip, Senator LOTT became the first didn’t help me when you could have. to the Capitol. TRENT brought them to Republican ever elected to the whip po- That is piercing, leaves nothing unsaid. the LBJ Room—where he asked them sitions in both Houses of Congress. I guess that about sums it up: You to sing ‘‘The Late Night Benediction at As the Republican Senate leader, didn’t help me when you could have. the Y’all Come Back Saloon.’’ Senator LOTT served with dignity and I will miss Senator TRENT LOTT. I It is hard for me to visualize the Sen- with diplomacy. Diplomacy was his wish him and his very lovely wife ate without TRENT LOTT. I believe tool. He was a facilitator who sought Tricia—tell her I said hello on behalf of every Senator here now knows what he to bring differing political factions to- Erma and myself—I wish him and his has done. He stepped down from the gether on key legislative issues. lovely wife Tricia health, happiness, leadership—kept a smile on his face TRENT LOTT established solid, pro- and success as they now embark upon and went back to work. He regained ductive relationships with the Senate the next phase of their lives. I pray the leadership as he was selected to be Democratic leaders in order to keep they will enjoy nothing but the best. our whip—and the Republican leader’s legislation moving, moving, moving to They have earned it. comments show that TRENT LOTT be- the floor. Make no mistake, as a con- Mr. President: came the whip any leader would dream servative Republican, Senator TRENT It isn’t enough that we say in our hearts to have: loyal, supportive, full of en- LOTT has always been combatively— That we like a man for his ways; ergy to get the job done, and all with combatively; underline that word, com- And it isn’t enough that we fill our minds that smile that we all know so well. batively—partisan in his thinking and With psalms of silent praise; So, as I said in the beginning, it is his approach to public policy, but—a Nor is it enough that we honor a man As our confidence upward mounts; with sadness that I join in wishing big conjunction here—but he never al- It’s going right up to the man himself TRENT and Tricia the best that life has lowed his partisanship to become stub- And telling him so that counts. to offer as they leave this Senate fam- born or nihilistic or destructive. No, Then when a man does a deed that you really ily. Catherine and I wish them the best never. admire, and will pray for their success in the Senate Majority Leader REID—that is Don’t leave a kind word unsaid, future. HARRY REID, Senator HARRY REID, ma- For fear that it might make him vein Mr. President, I yield the floor. jority leader—recently commented on Or cause him to lose his head; The PRESIDING OFFICER. The Sen- how closely he has worked with Sen- But reach out your hand and tell him, ‘‘Well ator from Mississippi, the Republican ator LOTT. They negotiated. They ne- done’’, whip. gotiated. Together they worked out And see how his gratitude swells; Mr. LOTT. Mr. President, I can’t help It isn’t the flowers we strew on the grave, but feel honored and humbled by all compromises, which, as they say, is the It’s the word to the living that tells. art of politics and the legislative proc- that has been said here. My mother Thank you, TRENT. EID would have loved it and would have be- ess. Majority Leader R then ex- Mr. STEVENS. Mr. President, while I plained: was deeply saddened when Senator lieved it all. Even though Trent Lott is certainly a true I feel totally inadequate to properly TRENT LOTT told me he would retire at conservative, we were able, in his pragmatic respond to much of what has been said. the end of the year, I understood com- fashion, to work things out. I thank my colleagues one and all, and, pletely why he made this decision. It is not easy. Allow me to state this TRENT and Tricia have been trying to of course, the venerable symbol of this in another way. Senator LOTT always restore their lives in Mississippi fol- institution, Senator BYRD, and his put the good of this institution—right lowing the devastation of their home comments, ending as he always does here, this institution—and the good of as a result of the terrible devastation with magnificent quotes, from mem- our country first; that is, above par- which struck our East Coast during the ory. So maybe it is appropriate that I tisan political interests or political Katrina and Rita hurricanes. They lost would begin briefly by telling some of party. For that, I have always re- their home—and most of their posses- my experiences with Senator BYRD. spected him, TRENT LOTT, and I have sions, and, they need time to recover. When you enter my son’s home in always admired him. There is no Senator with whom I Kentucky, on the wall, framed, is a Senator LOTT takes great pride in his have served who has had a deeper com- tribute he gave to my first grand- roots and his southern heritage. I, too, mitment to our Nation. TRENT was the child—a grandson—the week he was am a southerner and am proud of that. whip of our party in the House of Rep- born. I was majority leader and came My great uncle was killed fighting for resentatives when I was whip here in on the floor that Friday, and he asked the Confederacy. As a champion of his the Senate. We initiated weekly con- me if I would be around for a few min- beautiful and beloved home State of ferences to try to share the progress utes; he had something he would like Mississippi, he was always on call for and intentions of our leaders at that to say. It was truly one of the most the people of the Magnolia State. This time. From those days until now I have beautiful things I had ever heard in my was best seen a few years ago when he considered TRENT one of the best life. Maybe it was because I thought was considering retiring from the Sen- friends I have had in my lifetime. my grandson was the most beautiful I ate at the close of the 109th Congress, TRENT and I have served together on had ever seen, but it was so magnifi- but feeling an obligation to help his several committees of the Senate. Our cent, and he ended with a quote of how State to recover from the deadly and primary work together has been on the a grandfather wants his grandson to re- devastating impact of Hurricane Commerce Committee where TRENT member him. So it hangs there in a Katrina, TRENT LOTT decided to stay has been our leader on the aviation and place of great pride. ‘‘Chester Trent with us, and I, for one, am glad he did. maritime commerce subcommittees. Lott, III’’ is the title. Thank you, TRENT. His work on our Commerce Committee Senator BYRD and I have worked to- In his political memoir, ‘‘Herding will be sorely missed. gether, and of course we have dis- Cats,’’ which I mentioned a few min- TRENT’s own words on ‘‘herding cats’’ agreed. There have been magic mo- utes ago, Senator LOTT included a spe- is well known here. He has had more ments. I remember when I was involved cial chapter entitled ‘‘The Differences success in achieving bipartisan results in our little singing group, he came on Between Friends and Colleagues.’’ than most people outside the Senate the floor one day and asked me if I had ‘‘Differences Between Friends and Col- know. TRENT has not sought the credit a little time; he had something he leagues’’—what a powerful and insight- for what he has accomplished—it has would like to show me. So he went ful look this is into the political reali- been enough for him that he knew the down to his office and he showed me a ties of life and work on Capitol Hill. job was done. video of himself at the Grand Ole Opry Senator TRENT LOTT pulled no His role as a member of the ‘‘Singing playing great fiddle. So we were bonded punches—none—as he discussed the dif- Senators’’ is well known. What people by music, by heritage, by faith, and in ferences between the two. He bluntly should know is that he had the good so many ways. recalled telling one person: You didn’t sense to ask this Senator not to join— I could tell a story about certainly help me when you could have. Sen- they didn’t need a monotone! each one of these colleagues here and a ators, think of that. Think of that As I told the The Politic, it is doubt- lot on the other side and how I have en- statement if it was said to you: You ful the Oak Ridge Boys will come back joyed being here and have enjoyed my

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.030 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15817 work, and a lot of it has been on a per- lished a relationship of trust and hon- Senator COCHRAN immediately went to sonal, one-to-one basis. Sometimes, esty with each other that is so critical. work and produced appropriations— when I really, really cared about some- I think he has the toughest job in the more than one—and he got everything thing, on a personal basis, for my State whole city, being the majority leader we needed. He didn’t jump up and down or for the Senate or our country, I in the Senate, and not just because I and brag about it. would go to that Senator’s office. I re- had it but because I got to see what it He helped not only my State but, as member one time it took me quite was all about. The President has the Senator VITTER said, Louisiana and the some time to track down Pat Roberts, whole administration, the Speaker has entire gulf region, and here is what because he was hiding from me, but I the Rules Committee, but the leaders really impressed me about it. We all found him. of the Senate, on both sides of the took credit for what he did—I did, our I remember one time I needed a vote, aisle, they lead because of who they are Governor did, our mayors did—and he and I needed some votes on the Demo- and the power of persuasion they have sat there quietly in the second row in cratic side. So the simple thing I have and the respect for the position they Biloxi, MI, on the 1-year anniversary of always thought is, you know, go where hold. Nothing in the Constitution gives Hurricane Katrina, and public official the ducks are. If you are looking for them special powers. after public official got up and took votes, you have to go talk to them, you So I appreciate what HARRY REID has deep bows for what they had done. Fi- have to pursue those votes. So I went said. He has been a friend, he has been nally, I had all I could stand, and I got to Senator BYRD’s office. As always, he a supporter, he has offered me encour- up and said: I am glad we all got to graciously welcomed me into the inner agement when I was down and when I take credit. Now it is time we recog- sanctum. I think I smelled a cigar, was up. He has been very generous and nize the man on the second row who ac- which delighted me, and I sat down, magnanimous in what he has had to tually did it. I will forever be grateful and he listened to me as I made my say, and I admire him. I wish him only for what you did after Hurricane pitch. I talked about the attributes of the best because when he succeeds in Katrina, which was obviously a very this nominee for a very important posi- working and making this institution tough event. tion and why it was so important, I work and produce a result, most of the To my staff, who are lined up back thought, to the institution and why it time the country succeeds. here—I have a great team. Typically, was important to me and my State. He To our Republican leader, MITCH Senate staffers do so much of the work listened, he asked a couple of ques- MCCONNELL, you knew just a little bit and we take the credit, but I have been tions, and asked me to repeat the too much about my background, all blessed with super staff this year, and name. these personal references, but I appre- there are some former staff members in At the end, he said: Well, I think ev- ciate it. It means so much to me. You the balcony. I have a rule in my office erything will be okay. He didn’t say: I have been a great friend. We have been that once you work for TRENT LOTT, will vote for him. He just said: I think in the leadership together, we have you always work for TRENT LOTT no everything will be okay. I figured it kept our word to each other, we have matter who pays your salary, and, you was good enough and time for me to been supportive of each other in tough know, it seems to work. I never let take my leave, and I did. I talked to times and good, and I really enjoyed them go. They are always on call and my senior colleague, Senator COCHRAN, having you work with me in the leader- they are always there, and I thank you and said: What does that mean? He ship when I was leader, and I have been all for that. said: I think it will be okay. so honored and thrilled to be a part of I want to do something, too, that I So the vote came, and it was okay. your leadership team. have done before. We don’t do enough He was one of a number of Democrats I told you that I knew what your job to thank our entire Senate family, ev- who did vote for that confirmation. It was and I knew what the whip job was, erybody from the elevator operators to was just sort of the epitome of Senator and I would be your whip and I would our policemen and the people here. I BYRD. I respect him as a great Senator, support you. And I want the record to think the staff of the Senate here on I respect him because of the way he show here, and for one and all, I think the floor appreciates it. I have always loves this institution, and I respect you have been a magnificent leader for tried to think about you too. One of my him as a friend. our party this year. It has not been speeches about the sun is setting, isn’t I take occasion, when I am in the easy. It has been tough. Both of you it time to go home—as most of you Senate, sometimes when I am leaving, are going to get criticized, but I have know, I was serious when I said I want- to go over and say: How are you doing, been riding shotgun for you, and it has ed to go home and have supper with my Senator BYRD? Because I know how he been a great pleasure, my friend. You wife Trish, and on occasion, I did it and felt about Erma, I know how he loved have done a magnificent job for our didn’t come back either. Billie, and he has so many things that party. But to all of the staff: Thank you. appeal to me and that make him a I have to recognize our most senior You have helped in so many ways. Our great man. I single him out now be- Republican, too, Senator STEVENS. He leaders on the staff—I think of Eliza- cause of the beautiful remarks he just told me yesterday he didn’t like my beth Letchworth, Dave Chiappa, and made and because really he is emblem- nickname for him, so I am working on Marty. They just do great jobs, and so atic of the relationships I have had a more appropriate one for him, but he I want to express my appreciation to with so many of my colleagues here. has been a good and loyal friend too. them. I guess, to tell you the truth, I really When I was a whip in the House and he To my State of Mississippi, they have was kind of hesitant about this mo- was a whip here in the Senate, he took shown me a lot of leniency. They have ment and about being here today and me under his wing, even took me on honored me, and they have put up with what you would say, but it all sounded some flights with him. But I admire me sometimes, and it has been quite a so good, now I am thinking of changing you so much, Senator STEVENS. pleasure to represent that State. I love my mind and maybe announcing for And I have to say to my colleague it, always will, and will always be President or something. from Mississippi, it has been quite a working for the State. But to our leaders, Senator HARRY ride—35 years—but we have enjoyed But especially to my wife Tricia and REID, the majority leader—he and I did each other’s company. No matter how our two children, Chet and Tyler, and work together on many occasions and tough things get, we could always sit now our four grandchildren, they have without a lot of fanfare. I remember we down and talk about Ole Miss. I really been very supportive, and they have al- would bring up a bill, and 100 amend- thought I would be the head coach this ways stood by me. My wife has been a ments would always appear. I got to year, but that didn’t work out. But the lot more than a wife and mother, she thinking it was the same 100, but then thing I will always say about Senator has been a real helpmate. I thank them he and I would go to work, with me in COCHRAN, and typically of him, after for all they have done. the leadership of my party and he as Katrina, which was a seminal event in I do want to say again to the Senate the whip on his side, working with Sen- my life, obviously in the lives of my itself, I have learned to love the insti- ator Daschle, and we managed to get it families and neighbors and friends, and tution. Senator BYRD occasionally ac- done over and over again. We estab- my State, we had so many needs, and cused me of trying to make the Senate

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.038 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15818 CONGRESSIONAL RECORD — SENATE December 18, 2007 into a mini-House, and I have denied it, ward; if we would behave and allow With regard to recommendations, I but maybe I was, in my desire for order them to get to a vote quicker, maybe have no anger, complaints, I have noth- and neatness. The messiness of the we could get home to our families a lit- ing but hope and joy in my heart for Senate sometimes was hard for me to tle quicker. the future. I am so appreciative of the take. Senator BYRD mentioned the fact way the Senate and the Congress and But I love this place, and I was that I have been on mountain tops and the American people stepped up and thinking about it today—the friend- down in the valleys. I thought many helped us after Hurricane Katrina. But ships. They are real here, but they times about my high school class if there were just two things I would don’t go away. Some of our colleagues motto. As class president—we had a like to urge the Senate to do—I have have gone before us whom I have dear- class flower, we had a class color, we touched on them, but I repeat them ly loved as friends and not just col- had a class song, we had a class every- now—No. 1, find a way to make sure leagues, people such as Connie Mack, thing. We had a class motto that has Senators have a life and have some Dan Coats, Phil Gramm, and Paul lived with me since those years at time with their families. When you lose Coverdell was mentioned. These are Pascagoula High School in 1959. Our that, you have lost an important part friendships which will last forever. class motto was: of those pillars that make us who we DIANNE FEINSTEIN. One of my regrets The glory is not in never failing, but in ris- are—family and friends, faith and free- ing every time you fail. in deciding to retire is that now we dom. You have to make sure you pay have sort of formed a team, and I think I have had opportunities to fail, and close attention to that and learn to maybe she is a little peeved at me that I have had opportunities to persevere, know each other and know each other’s she took a stand with me after I took as the people I represent. It has been a families. It will make us better people. a stand with her, and now I am going great motto, one I have learned to live Then, last, find a way to keep the to the house. But this is a great Sen- by. human side. It has been hard for me, I am not going to give a long speech ator, and she is a symbol of what I with my Scottish roots, to tell people today. I quoted a great philosopher hope the Senate will remember to do, when I really do appreciate them and about how you should speak on occa- and that is to really go the extra mile sions such as this. He said: You should love them; to call people when they are to be a friend and to have a personal speak low, you should speak slow, and celebrating and call them when they relationship. you should be brief—John Wayne. I am are hurting. But when I hurt, myself, I She took on the seersucker Thurs- going to try to honor that. I am not know how much it has meant to me to day. When we lost everything, she was going to give you a list of achieve- have some of you call and offer your the one who made sure my wife had ments because I have been so pleased support and your encouragement. Find some glasses for us to drink out of. She with what my colleagues have had to a way to do that. It is more important didn’t do it for publicity, and I never say. But among the things I really am than anything else that happens in the talked about it publicly, but it was a proud that we have done in my years in Senate. Keep that personal, human very special gesture. the Senate: We have built our military, touch. I thank my colleagues for letting me we have made it stronger, we gave Always find a way to disagree if you be in the leadership. Thanks to my col- them better pay, we gave them better have to, but don’t be disagreeable. leagues and the American people for al- retirement benefits. I will always be There has come sort of a meanness, lowing me to have some fun while proud of that. We had tax cuts, tax re- sometimes, that I do not think is befit- being in the Senate. I commend it to form, and strengthened the economy, ting of the institution. I hope we will you, for the future. I didn’t form the even things such as safe drinking find a way to stay away from that. Singing Senators, the quartet, just be- water. I had communities in my State Again, I repeat something I said a cause I like to sing base or because I that literally couldn’t drink water out moment ago. This morning when I was enjoyed music, but because I wanted to of the faucets. We have improved on doing my morning Bible devotional, show that side of the Senate. Could the that. We had insurance affordability, the message that came through to me Senate really have soul? Could the Sen- welfare reform, transportation. was one of hope and joy for the future. ate really have music in its heart? As When I announced my retirement a I look forward to my opportunities bad as we sounded, there was method couple of weeks ago, one reporter asked after the Senate. I am not going to say in my madness. I also thought it would about what was I most proud of. I said: a fond farewell because I am not leav- lead me to find ways to get one of our To tell you the truth, I am not the ing. I will not be here, but my heart Senators to vote with us more. I think kind of guy who sits around meditating will be with you and I will be watching it got one more vote than we would on what I am going to put on a marker and I will stay in touch for the rest of have otherwise. somewhere. I am proud of all of it. But my life. But the kilts—you know, just being a I think I am the most proud of the ef- Thank you so much for being able to little looser I think is a good idea fort we had with colleagues on both serve with you. I thank you all for every now and then. I believe whatever sides of the aisle, working very closely what you have had to say today. I do you do in your life you should find a with Senator DOMENICI and Senator have a quick card in my topic. I do way to enjoy it and have fun. I have to GRASSLEY and others. So in my 61⁄2 want to talk to you about some folks say I have had fun in the Senate be- years as majority leader we have had who will be coming up later this week. cause I really enjoyed it. That is all balanced budgets, four, and surpluses Thank you very much. God bless this there is to it. But I tried to find a way two of those four. It hasn’t happened institution. to do some things that made us closer since 1968, and we are kind of strug- (Applause, Senators rising.) as friends. gling again. That is something we need The PRESIDING OFFICER. The Sen- I am glad we recorded some history to do. Fiscal responsibility is a very ator from California. with the Leaders Lecture Series. I urge important part of what we can do for Mrs. BOXER. Mr. President, I hope my colleagues to restart that, bring in our children and our grandchildren. I we all heed TRENT LOTT’s words that he experts to talk to us, men and women hope we will find a way to do that spoke so beautifully right now. He who led the Senate, who led the coun- again in the future. spoke from the heart, and he spoke try, who know the history of our coun- I have one regret. I guess I was part from experience. As I listened to him, I try and the history of this institution, of the problem along the way. The one thought: We do sometimes forget about and give us some opportunity to have thing I always hoped we could get done what is important in life. I think he an intellectual discussion about what for our children and our grandchildren brought that back to us. the Senate is, what it has been, and we have not been able to do, and that I yield the floor. what it can be. is to find a way to preserve, protect, f I do hope we will always find a way and ensure that Social Security will be to be just a little bit family friendly. there for our children and grand- RECESS Remember, we all have families at children in the way that it is here for The PRESIDING OFFICER. Under home, back in our States. Our leaders us now. I hope we will find a way before the previous order, the Senate stands sometimes could give us a little re- it is too late to get that done. in recess until 2:15 p.m.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.039 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15819 Thereupon, the Senate, at 1:09 p.m., fact, in light of the administration’s its behest, and to let it assume full re- recessed until 2:15 p.m. and reassem- stonewalling, Chairman SPECTER was sponsibility for any illegal conduct. bled when called to order by the Pre- prepared to subpoena this information I believe that requires reaching siding Officer (Mr. CARPER). from the telephone companies during agreement that the lawsuits should be f the last Congress. Finally, we obtained able to reach the merits rather than be access, not only for the chairman and short-circuited by Congress, and that RESERVATION OF LEADER TIME ranking member, but for members of the program be subject to judicial re- The PRESIDING OFFICER. Under the Judiciary Committee. However, I view so that its legality can be deter- the previous order, the leadership time believe all Senators should have access mined. is reserved. to this information, as well as those Again, this administration violated staff with the appropriate clearance. FISA by conducting warrantless sur- f Instead of conducting warrantless veillance for more than 5-years. They MORNING BUSINESS surveillance in violation of FISA, try- got caught and they got sued. The ad- The PRESIDING OFFICER. Under ing to cover it up, and then trying to ministration’s insistence that those the previous order, the Senate will now justify the coverup, this administra- lawsuits be terminated by congres- be in a period of morning business. tion should have come to Congress im- sional action is designed to insulate Who seeks recognition? The Senator mediately and asked for the authority itself from accountability. Retroactive immunity would do more from Missouri. it is now claiming it needs. I have drawn a different conclusion than let the carriers off the hook. It Mrs. MCCASKILL. Mr. President, I than Senator ROCKEFELLER about ret- would shield this administration from will happily yield to the chairman of roactive immunity. I oppose granting any accountability for conducting sur- the Judiciary Committee. I am going blanket retroactive immunity. I agree veillance outside the law. It would to speak for 10 minutes as in morning with Senator SPECTER and many others leave the lawsuits that are now work- business. that blanket retroactive immunity, ing their way through the courts dead f which would end ongoing lawsuits by in their tracks and leave Americans FISA legislative fiat, undermines account- whose privacy has been violated no ability. chance to be made whole. Mr. LEAHY. Mr. President, I thank Immunity against future litigation is These lawsuits are perhaps the only the Senator. not the issue; the issue is retroactive avenue that exists for an outside re- Mr. President, I strongly oppose the immunity. If they followed the law, view of the Government’s actions. That blanket grant of retroactive immunity and FISA was not violated, the tele- kind of assessment is critical if our in the Senate Intelligence Committee’s phone companies would automatically Government is to be held accountable. bill to amend the Foreign Intelligence have immunity and there would be no That is why I do not support legisla- Surveillance Act. This administration need for Congress to now duplicate tion to terminate these legal chal- violated FISA by conducting that immunity. lenges and I will vote to strike it. warrantless surveillance of Americans I also would note that title I of the The PRESIDING OFFICER. The Sen- for more than 5 years. They got caught. FISA law was changed during markup ator from Missouri has yielded earlier If they had not gotten caught, they in the Senate Judiciary Committee. to the Senator from Vermont. probably would still be doing it. When we come back to this bill next Mr. GREGG. Would the Senator yield When the public found out about the year, it will be my intent to bring so I may propound a unanimous con- President’s illegal surveillance of much of what we did in the Judiciary sent request that I be recognized at the Americans, this administration, and Committee before the Senate for a completion of her remarks? the telephone companies who may have vote. The PRESIDING OFFICER. Without assisted them, were sued by citizens Again, I want our intelligence agen- objection, it is so ordered. who believed their privacy rights were cies to be able to intercept the commu- The Senator from Missouri is recog- violated. Now, this administration is nications of those people overseas who nized. trying to convince Congress to termi- are trying to do harm to the United f nate those lawsuits, in order to avoid States. We all agree with that. But I accountability. We should not allow want to make sure that Americans’ CREDIT CARD COMPANY that to happen. communications cannot be acquired by DECEPTION The administration knows that these the executive for just any reason. If the Mrs. MCCASKILL. Mr. President, I lawsuits may be the only way that it Government is going to listen to the first want to comment on what a pleas- will ever be called to account for its il- communications of Americans it must ure it was listening to several hours of legal program of warrantless surveil- abide by the legal system that has tribute to Senator LOTT. I have not lance and its flagrant disrespect for the served us so well throughout the his- served with Senator LOTT for very rule of law. In running its program of tory of this country: court determina- long, but at the point in time that I, warrantless surveillance this adminis- tion of the legality of surveillance be- hopefully, would be allowed to decide tration relied on legal opinions, pre- fore it begins, and court oversight to retire from the Senate, I could only pared in secret by a very small group of throughout the process. hope I have such kind things said about like-minded officials, who crafted those We hear from the administration and me in so many different ways. opinions to fit the administration’s some of our colleagues that we must I was glad I got an opportunity to lis- agenda. Jack Goldsmith, who came in grant immunity or the telephone com- ten to 3 hours of Senators talking nice- briefly to head the Justice Depart- panies will no longer cooperate with ly about each other. It is an important ment’s Office of Legal Counsel, de- the Government. thing to do this time of year, and I scribed the program as a ‘‘legal mess.’’ Senators should understand that if think, frankly, it is an important thing The administration does not want a we do not grant retroactive immunity, to do more often, and we do not do court to get a chance to look at that telecommunications carriers will still enough of it around here, particularly mess, and retroactive immunity would have immunity for actions they take in across the line. ensure that there is no court scrutiny the future. If they follow the law, they I rise today to speak as in morning of their actions. have immunity. business for a few minutes about some- Senator ROCKEFELLER and I have Instead, I will continue to work with thing that is on everybody’s mind this been consulting since this summer to Senator SPECTER, as well as with Sen- time of year; that is, credit cards. Now, find ways to obtain access to the infor- ators FEINSTEIN and WHITEHOUSE to try I know why it is on my mind, because mation our members need to evaluate to craft a more effective alternative to my fingers are having to do the shop- the administration’s arguments for im- retroactive immunity. We are working ping because I cannot get home to Mis- munity. The administration has con- with the legal concept of substitution souri, and so I am having to click, sistently refused to provide this infor- to place the Government in the shoes click, click on the Internet. I now mation to the Judiciary Committee. In of the private defendants that acted at know my credit card number by heart

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.041 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15820 CONGRESSIONAL RECORD — SENATE December 18, 2007 because I have entered it so many It is very important that we get a that deals with college students. Noth- times in the computer trying to get handle on this. This is a great example. ing strikes more fear in the heart of a gifts for my family and my children. So A member of my staff who knows I parent who has two children in college I am very aware of my credit card this have been very interested in this than the idea that someone wants to time of year. brought this in to me this week. We send them credit cards right now. I have spent some time this year in just had a hearing where we learned I love my two children in college the Senate looking at the issue of cred- that if you get to your credit limit, it very much. I think they are smart and it cards, and as we all are wringing our is possible they will raise your interest wonderful people. But, believe me, nei- hands and gnashing our teeth over the rate even if you paid everything on ther one of them has the resources to subprime mortgage mess, I think we all time. Well, what is this? This staff handle a credit card right now. The need to begin to wring our hands and member of mine had several thousand only resources they have to handle a gnash our teeth about some of the dollars left in available credit on one of credit card right now are mine. If they credit card practices in this country. his credit cards. So what happens? He want to send me the credit card, that is We have allowed the credit card indus- gets checks in the mail from his credit fine, and if I want to help my kids, that try to play a little fast and loose with card company, and the first one is is fine, but the idea that we are now fairness. made out. Guess how much it is made selling lists of college students to cred- I certainly fundamentally understand out for. It is made out for an amount it card companies so they can send that people’s obligations in terms of that will get him very close to his cred- them—by the way, one of these credit their credit, their unsecured credit on it limit. So the idea here is if you fill card officials actually had the nerve to a credit card, are primarily their re- them all out, guess what. Bingo. You say in a hearing that he found college sponsibility and it is important that are over your credit limit, and then all students to be a very good risk. Well, people be responsible when they enter the fees and the extra interest rates yes, because their parents pay it off be- into debt, and it does not matter what start. cause they do want not want them to kind of debt it is, whether it is credit Well, I have to tell you—by the way, have bad credit when they get out of card debt or any other kind of debt. On there is nothing on this that says: If college. But college students do not the other hand, I have spent some time you go over your credit limit, not only have the wherewithal to take on unse- trying to read through the fine print on will we charge you fees, but we are cured debt. They are having a hard some of these credit card agreements. probably going to raise your interest enough time just getting to class and Frankly, I have been trained as a law- rate. That is never explained to the getting everything done, much less yer, I have worked as a lawyer for most American consumer. That is not fair taking on unsecured debt. of my adult life, I have been a State play. We need to stop some of these prac- legislator, I have now worked at the Make it very clear to your credit tices that are victimizing the Amer- Federal level legislating, and I can’t card customer exactly what they are ican consumer. We can do it. We can do understand a lot of the fine print on going to pay for and when. Fifty per- it in the Senate. I look forward to some of these credit card statements. If cent of the people who have credit working with my colleagues in the new I can’t understand the fine print on a cards in this country right now are year to see if we can’t make it a better lot of these credit card statements, paying minimum balances only, and year for middle-class America that is what shot does someone who has not they don’t understand they are in a buried under credit card debt without spent as much time around the law as hole they can’t dig out of. the playbook to show them how to get I have? The credit card companies say: We out. If you look at what is going on with have not had that much increase in de- The PRESIDING OFFICER. The Sen- the unsecured credit card industry in faults. Well, I will tell you, here is ator from New Hampshire. terms of some of the fast-and-loose what is different: A lot of the credit Mr. GREGG. Mr. President, I relin- play with the rules, the kinds of tricks card debt in this country—hundreds of quish my right to be recognized at this that are being played—I will give you a billions of dollars of the credit card moment as I have another commit- great example. We now know your in- debt in this country—has been rolled ment. terest rate can go up if you get near into home equity lines of credit be- I suggest the absence of a quorum. your credit limit. We now know you cause of this housing boom we were on, The PRESIDING OFFICER. The can call and get an authorization to and everyone was combining their clerk will call the roll. charge money on your credit card, and credit cards, and a lot of that debt has The assistant legislative clerk pro- they will let you do it even if you go been transferred to mortgage debt. ceeded to call the roll. over your credit limit, and then they This is stuff that needs to get fixed, Mr. BENNETT. I ask unanimous con- are going to charge you every month it needs to be fair, and the rules need sent that the order for the quorum call an extra fee because you went over to be clear to anyone because I will tell be rescinded. your credit limit, which they said was you, if we don’t get it fixed, we are The PRESIDING OFFICER. Without okay for you to do. You never know going to be wringing our hands and objection, it is so ordered. this. worrying about the next big problem in Mr. BENNETT. I ask unanimous con- Imagine my interest when I learned our economy, and that is all this unse- sent to speak as in morning business in a hearing this year that they can cured credit that goes unpaid. for up to 10 minutes. raise your interest rate on your credit I think the credit card is a wonderful The PRESIDING OFFICER. The Sen- card just by getting more credit cards. tool for Americans. It has allowed our ator is recognized. So if you are going into a department country to consume at great levels, has f store and they say: Hey, you can get 15 kept our economy pumping. But at the percent off today if you open a credit end of the day, if we don’t require the FEC VACANCIES card, you can get 10 percent off today if credit card companies to make full dis- Mr. BENNETT. Mr. President, I rise you open a credit card, the act of open- closure in a way that everyone can un- to note with some sadness that we are ing those credit card accounts can in- derstand exactly what they are charg- reaching a point at the end of this ses- crease your interest on another credit ing for this very expensive form of sion where it appears we will adjourn card. Now, who would have thunk that? credit, we are going to regret it. without acting on any of the nominees No one ever explains that to the Amer- There are two pieces of legislation. for the Federal Election Commission. ican consumer. No one ever explains First, Senator LEVIN and I have intro- The effect of this will be to leave the that getting at or near your credit duced a Stop Unfair Credit Card Prac- Federal Election Commission with limit on a number of credit cards could tices Act which prohibits some of the only two functioning commissioners, require your interest rates to go up most egregious examples I have talked when the law calls for six. It is worse even if you are paying your bills on about that unfairly deepen or prolong than that. The law insists that no ac- time, even if you have always paid ex- credit card debt held by consumers. tion can be taken by the commission actly what you are supposed to pay on The other piece of legislation is one I without the votes of at least four. So time every month. am cosponsoring with Senator KOHL by having only two left, we will leave

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.044 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15821 the Federal Election Commission with of singling out this one individual to who argued with him were wrong. He no capacity to function. come to the Senate without rec- was on the right side of the law; they I have a history with the Federal ommendation, we said we will treat all were on the wrong side of the law. Yet Election Commission which makes me four of them alike, and all four names he is being attacked as somehow being sensitive to the importance of this came to the Senate without rec- the ideologue who must be kept off the group. When I was elected, there was ommendation so that the Senate could FEC lest the FEC be turned into some an allegation made against me which I work its will. kind of partisan hotbed of difficulty considered highly partisan. It went be- Now because of the controversy sur- and dissension. fore the FEC and before the entire rounding one of the Republican nomi- The fact is, Mr. von Spakovsky has commission a vote was taken, with the nees, it becomes clear we will not have served on the FEC as a recess ap- three Republicans upholding the posi- a vote on any of the four, producing pointee for 2 years. We need not project tion I took and the three Democrats the deadlock I described at the opening what he would do if he were confirmed. holding the position on the other side. of my remarks. We will have only two We can look at what he has done in Because they could not muster four functioning FEC commissioners begin- that 2-year period. To that point, I re- votes, nothing was done. In my view, ning next year, and the FEC will not be peat that the vast majority of the this was justice. But the thing I found able to rule on any of the controversies cases that have been dealt with since difficult was the fact that the partisan- that may arise in the 2008 election. he has been on the FEC have been ship on the FEC was so heavy, there Furthermore, the FEC will not be able unanimous. He has not been a lone was an almost automatic 3–3 vote on to distribute any Presidential match- voice seeking to destroy the FEC or everything. It makes far more sense for ing funds in the 2008 election. This turn it into some kind of partisan hot- the commissioners to work together to comes as bad news to some of our col- bed. He has acted completely in the recognize the merits of the case, rather leagues in the Senate, because many of mainstream, in the opinion of the than simply responding in a knee-jerk them were dependent upon and expect- other members of the FEC. partisan fashion to the individual or ing the matching funds to come out of Let me quote from one of the Demo- group that is bringing the charge. In the Presidential campaign fund. They cratic members of the FEC, repeating my case, that is what was happening. A will not get them, because these nomi- again these people are appointed for Democratic group brought the charge nees will not be approved. Who is the their partisan positions. This is not a that I had violated the law. The three one who is causing all of this problem? circuit court where you want to find Democrats on the FEC automatically His name is Hans von Spakovsky. He someone who is above partisanship. agreed with that, and the three Repub- has been attacked by outside groups on This is where the law specifically says licans automatically disagreed. I don’t the grounds that he is somehow insen- there will be three Republicans and think, frankly, any of them spent any sitive to minority voters. three Democrats. I wish to spend a moment examining time examining the merits. If they had, This is what Mr. Walther, a Demo- that particular attack. It all comes I am sure I would have been unani- cratic member of the FEC, had to say back to a position Mr. von Spakovsky mously exonerated, but that is not the at the December 14 FEC meeting. This took when he was at the Civil Rights way it worked in those days. is from a very recent article. He said It got to the point here on the floor Division of the Justice Department and Mr. von Spakovsky was ‘‘a terrific per- where a piece of legislation was intro- recommended the pre-clearance of a son to work with’’ as a colleague, a duced saying, whenever there is a tie in voter ID law. There were those who ‘‘fine commissioner.’’ The article con- the FEC, the general counsel will break were career attorneys in the Civil tinues: ‘‘He (Walther) spoke after Mr. the tie. Along with Senator MCCON- Rights Division who said a voter ID von Spakovsky made a traditional NELL, I and others did our best to de- law is terrible and should not go for- nominating speech, praising Mr. feat that bill because it would have de ward. But Mr. von Spakovsky dis- Walther’s qualifications to be vice facto made the general counsel of the agreed with them. Then, acting on Mr. chairman. Mr. Walther’s comments FEC the sole decisionmaker for that von Spakovsky’s recommendation, the echoed a speech during the FEC meet- body. management of the Justice Depart- ing by Mr. Lenhard to close his year- I am happy to report that those days ment said: No, we are going to go for- long chairmanship by praising bipar- seem to have passed. We now have an ward. tisan cooperation on the commission FEC where the vast majority of the According to those who have at- and recounting the FEC’s accomplish- votes are unanimous, where partisan- tacked Mr. von Spakovsky, he was ments in resolving enforcement cases.’’ ship seems to have taken a back seat overruled by a court. The court did to an attempt to get things right and issue an injunction, saying that the One of the things we hear around act on the merits rather than the par- voter ID law could not be enforced, here during confirmation battles is, the tisan challenge. thus leaving the impression that von President ought to make more main- Four of the members of the FEC are Spakovsky is an ideologue, while the stream nominations. Not for this one; recess appointees who must be con- career attorneys were simply doing this one, by law, is supposed to be par- firmed. The President has sent forward their job and the court stepped in to tisan. But here is a man who has had 2 four names—two Republicans and two protect the country from this ideo- years of experience, 2 years of service, Democrats. In the standard tradition, logue. In fact, the injunction had to do being praised for his activities, clearly practice, procedure, and precedent of simply with the timing of the imple- in the mainstream, being attacked for the FEC, the Democratic leadership in mentation of the law and was not a de- a position he held before he came to the Congress got to pick the two Demo- termination on the merits of the case, the FEC where polls have been done crats. The Republican leadership got to with the court saying it didn’t want and found that 81 percent of Ameri- pick the two Republicans. Always be- the law enforced right now but wanted cans, with only 7 percent dissenting, fore we have moved these nominations to wait until the matter could be fully agree with Mr. von Spakovsky’s posi- forward en bloc, maintaining the bal- considered. tion that we ought to have voter ID. ance between Republicans and Demo- After the case was heard, a Federal We have photo ID requirements in crats, with Republicans approving the judge, one appointed by President order to keep cigarettes out of the Democratic nominations, and Demo- Carter, although that probably hands of teenagers. We have photo ID crats approving the Republican nomi- shouldn’t make any difference, and the requirements in order to keep terror- nations. one who had initially issued the injunc- ists off airplanes. I have had the experi- In our committee, the Rules Com- tion, upheld the constitutionality of ence in my home State of Utah, where mittee on which I have the honor to the Georgia voter ID law and, in that I like to think I am fairly well known, sit, we sent all four of the names en fashion, ratified the position Mr. von of being asked for a photo ID when I bloc to the Senate. There was great Spakovsky had taken all along. Mr. have presented a credit card, in an ef- controversy about one of them, which I von Spakovsky’s position was con- fort to avoid identity theft. will address, but in the spirit of the sistent with the ruling of the Federal Isn’t preventing voter fraud as im- past history of the committee, instead court that said the career attorneys portant as keeping tobacco out of the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.049 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15822 CONGRESSIONAL RECORD — SENATE December 18, 2007 hands of teenagers or preventing iden- a stroke that for the last 4 years kept never have happened were it not for tity theft? Eighty-one percent of Amer- him, at best, semiconscious and in a Tom Murphy. icans agree with von Spakovsky’s posi- very difficult state. But of all the great legacies and edition on this matter. Yet he is being at- But in those previous 79 years of life, fices that will be named after him, and tacked as being outside the main- he is probably the most remarkable po- have been named after him, his legacy stream for what his critics call a par- litical figure in the history of the State will live on not through buildings and tisan position. of Georgia. Elected speaker of the institutions but through people be- Because of the holds that have been house in 1974, he maintained that posi- cause Tom Murphy cared the most placed on Commissioner von tion until 2002—for 28 years—longer about people. And he cared the most Spakovsky’s nomination, we now come than any speaker of any legislature in about people who were poor and people to this impasse where the FEC will be the history of the United States of who were disadvantaged. left with only two Commissioners, un- America. Tom Murphy’s legacy is the children able to rule on any potential violation He was the son of a primitive Baptist who were born in poverty who came that may occur in the 2008 election—a preacher by weekend and a railroad out of poverty and became successful Presidential year, along with all of the telegraph man by day. He was a prod- because of the programs he put in place Senate races that are up, and every uct of the Depression. And he was Irish. as speaker of the house. Tom Murphy’s Member of the House of Representa- He was tough as nails but had a heart legacy will live on because of those tives. The FEC will not be able to rule of gold. He was a Democrat through who know, as a foster child or as a on any violations because they will and through, and proudly stated his ab- child in trouble, it was Tom Murphy have only two Commissioners—all be- solute distaste for any Republican. who was there to give a hand up, not a cause of an ideological bent pushed by For 8 years of my 17 years in the handout. groups outside of the Congress saying Georgia Legislature, I was the Repub- Tom Murphy will be honored this that this one man, because he agrees lican leader of the Georgia House. To Friday in the State capitol, where he with 81 percent of the American people, give you an idea of what a minority is will lie in state, and where his funeral is somehow disqualified for being too really like, I was 1 of 19 Republicans, will take place—a State capitol where partisan. and there were 161 Democrats. I under- for 28 years, through five Governors, he The principle has always been that stood what being a minority leader was ruled the State of Georgia—not in the the Republicans pick the Republican all about. sense of a ruler or a tyrant but in the nominees for the FEC and the Demo- Tom Murphy was a powerful, forceful sense of a proud man whose time and crats pick the Democratic nominees leader. But from the day I met him, destiny came together in the great for the FEC—a principle that makes when I was first elected in 1976, to the State of Georgia. I will mourn his loss sense. I do not know very much about last day I held his hand, this past for all I learned from him. the Democratic nominees for these po- April, by his bed in Bremen, GA, he was I end my remarks by telling you sitions who will not be confirmed, and, always fair, he was always good, and he about that day I sat by his bed this frankly, I do not care because they are did what was best for the State. past April and held his hand. He could not mine to select. They have been Tom Murphy did not play golf. He did not communicate, but I knew he was picked by the Democratic leadership to not play tennis. He raised tomatoes in awake. I said: Mr. Speaker, I am now in represent the Democratic position, and his garden. His house is a modest brick the U.S. Senate. And I just wanted to I am willing to vote for them on that ranch in Bremen, GA. His trade as a tell you I am a better man, and I prob- basis. country lawyer was exceeded only by ably got there because of the painful Mr. von Spakovsky has a 2-year his- his skill as a politician. He never cared and wise lessons I learned from you. tory of acting intelligently, with great for money. He never cared for fame. He A tear came in his eye, and he integrity, and great collegiality in this never cared for attention. His favorite squeezed my hand. I knew, as we com- position, and it is a tragedy that the day of the year was March 17, St. Pat- municated first in 1976, we commu- whole Commission will be denied the rick’s Day, for which he would sum- nicated once again. And from the day I opportunity to function in a Presi- marily adjourn the Georgia Legislature knew him in 1976, to the last day I dential year; that those Presidential so he and his entourage could go to Sa- knew him this year, I respected him, I candidates who are depending on Presi- vannah, GA, and be a part of the second honored him, and I loved him. dential matching funds will not get largest St. Patrick’s Day parade in Georgia appreciates the service Tom them because outside groups have de- America, in Savannah, on St. Patrick’s Murphy gave to all her people. monized this one public servant. It is a Day. I yield the floor. sad day that this kind of thing is hap- His second favorite thing was to hold The PRESIDING OFFICER. The Sen- pening with respect to our govern- his grandchildren in his lap as he sat ator from Vermont. mental appointments. on the throne of the speaker of the The PRESIDING OFFICER. Who house of representatives, and let them f watch over his presiding of the Georgia seeks recognition? LIHEAP The Senator from Georgia. House. Mr. ISAKSON. Mr. President, I see But this common, tough, fine man Mr. SANDERS. Mr. President, let me the distinguished Senator from West did so much for our State it is almost begin by thanking my good friend, the Virginia. I certainly do not want to difficult to describe. We would not distinguished chairman of the Appro- preempt him if he wants to go next. have a Metropolitan Atlanta Rapid priations Committee, for yielding. Does the Senator have a preference? If Transit Authority were it not for Tom The reason I rise is to deal with a not, I will go ahead, if that is OK. Murphy. He delivered the rural vote for very important issue that impacts mil- The PRESIDING OFFICER. The Sen- the urban city of Atlanta in 1974 to get lions of our fellow Americans, and that ator from Georgia is recognized. mass transit and to raise the taxes to is all over this country, with the price f do it. If you ever watched the Super of home heating oil soaring, people are Bowl in the Georgia Dome, the Georgia wondering about how they are going to IN MEMORY OF THOMAS B. Dome would have never been built were stay warm this winter. My very fervent MURPHY it not for Tom Murphy. hope is that the Congress, both the Mr. ISAKSON. Mr. President, I rise As to the Georgia World Congress Senate and the House, will address this on a sad occasion for me personally and Center, there is not a Member of this issue before we adjourn for the Christ- for my State, but also in some sense a Senate who has not been there because mas holidays. proud time for me to be able to ac- almost every convention in America I commend Majority Leader REID, knowledge the life and times of Thom- goes through there once every couple Minority Leader MCCONNELL, the as B. Murphy. years. It would never have been built chairman of the Appropriations Com- Last night, at 10 o’clock, in Bremen, were it not for Tom Murphy. Our rural mittee, Senator BYRD, Chairman HAR- GA, in Haralson County, Thomas B. roads and highways, the Governor’s KIN, and others for, in fact, adding a Murphy died from the complications of Road Improvement Program, would significant sum of money—over $400

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.051 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15823 million—to the Omnibus appropria- polling for Congress is at an almost all- I thank the Senator from West Vir- tions bill. This is important, and I ap- time low. They think we are concerned ginia for yielding me the time. preciate that. I think people all over about a whole lot of issues, but we are The PRESIDING OFFICER. The Sen- this country appreciate that. not concerned about them. It seems to ator from West Virginia is recognized. Unfortunately, however, this total of me that before we go home to our well- f $2.6 billion in funding for LIHEAP, the heated homes, before we go home to CONSOLIDATED APPROPRIATIONS Low Income Home Energy Assistance our vacation time, that we not turn ACT, 2008 Program, that so many people, so our backs on some of those who are many elderly people depend upon in most in need. I think we have to act Mr. BYRD. Mr. President, the Con- order to stay warm in the wintertime, boldly to restore faith in the U.S. Gov- stitution grants to Congress an exten- while it is an 18-percent increase from ernment, and I hope that before we sive array of powers, each of which in last year, it is still 23 percent below leave, we can get a vote on this floor one way or another touches the lives of what was provided for LIHEAP just 2 with bipartisan support, and that we every 1 of the 300 million people who years ago in nominal dollars. Mean- can move this process forward. live in America today. But of all of while, as everybody knows, the cost of Mr. President, with that, I thank my those powers so carefully inscribed in home heating fuels has soared. Com- good friend, Senator BYRD, the out- article I, none is so powerful or so nec- pared to 2 years ago, heating oil prices standing leader of our Appropriations essary for the welfare of our country as are projected to be 50 percent higher Committee, for yielding, and I yield the power to appropriate monies—mon- this winter. The price of propane will back the remainder of my time. ies from the Federal Treasury. But it is be 38 percent higher, and electricity Mr. BYRD. Mr. President, I thank not simply within the power of the prices will be 14 percent higher. These the very distinguished Senator for his Congress to appropriate funds for the high prices, coupled with the reduction remarks. operation of the Government. It is a in LIHEAP assistance compared to 2 Mr. LEAHY. Mr. President, the Sen- duty that must be exercised each year years ago, mean States will be forced ator from West Virginia has the floor, without fail and without excuses. The to either reduce the number of people but would he yield me at least a couple operation of the Government to enforce who will be receiving LIHEAP or else minutes in reference to what my col- our laws, to serve our people, to pro- to significantly cut back on the league from Vermont just spoke about? tect our liberties depends upon Con- amount of money that people will be Mr. BYRD. Yes, Mr. President. I am gress providing the funds that are nec- receiving. There is no question about glad to do so. essary to do so. The bill that will soon be before the what will happen if that occurs: People Mr. LEAHY. Mr. President, I thank Senate, the Consolidated Appropria- in the United States of America will be the distinguished chairman. I agree tions Act of 2008, is essential legisla- cold. It is possible that some may actu- with what the Senator from Vermont tion for the country. It includes 11 of ally be freezing. has just said. In our State, cold weath- Two years ago, thanks to the leader- er is not a rarity, it is a fact of life, es- the 12 annual appropriations bills. In all, it appropriates $473.5 billion— ship of Senator SNOWE and many other pecially this time of the year. The Senators, LIHEAP funding was in- thermometer on my front steps goes spelled with a B, Mr. President, a cap- creased by $1 billion above the appro- down to 20 below zero. Many times ital B. That is $473.50 for every minute since Jesus Christ was born. priated level because it was then the there is no mercury showing because it It appropriates $473.5 billion for the belief that we faced a home heating has gone below that. operations of nearly every agency in emergency. Well, if we faced a home Now, that is not theoretical cold, that is cold you die from. I know what the Federal Government, save for those heating emergency at that point, let funded by the already-approved De- me tell my colleagues we face one it has cost us in filling the tank for my own furnace this year, and I wonder fense Appropriations Act. today that is even more severe. In the The bill contains an additional $42.2 how many people who are not privi- State of Vermont and all over this billion in emergency spending, includ- leged to have the kind of salaries all of country, we are having elderly people ing $31 billion for the war in Afghani- us do, how they possibly do it. It is not living on fixed incomes who are look- stan and for force protection for our a matter of just help; this is a matter ing at the soaring prices of home heat- troops—American troops, our troops— of life or death. It is not a matter of ing fuels. They are scared to death. It in Iraq. I wasn’t for going there; I was just comfort. We are not talking about seems to me that we have the moral re- against our going into Iraq. But we are the weather being in the fifties and sponsibility as the Senate of the there. We are talking about our troops perhaps you can just put on more United States of America to do some- who are there in Iraq. thing for those people before we ad- sweaters or more coats; we are talking The President’s budget, as submitted, journ. about it being 5 or 10 and 15 and 20 de- simply did not include sufficient funds I thank my colleague, Senator LEAHY grees below zero, or even today in Bur- for the health of our veterans. This bill from Vermont, as well as Senators lington, VT, it began at zero. The tem- provides $3.7 billion more than re- COLEMAN, KLOBUCHAR, SNOWE, OBAMA, perature was at zero, and then it quested to make sure the Veterans’ Ad- DOLE, BAUCUS, SUNUNU, CANTWELL, warmed up from last night. In those ministration can provide better care COLLINS, CASEY, LIEBERMAN, LANDRIEU, situations you die if you don’t have for our veterans. KERRY, KENNEDY, and CLINTON for sup- heat. It is not a question of being com- The bill also includes $3 billion of porting an amendment that will essen- fortable; you die. It is as simple as emergency spending for border secu- tially increase LIHEAP funding by $800 that. You die. There are a lot of people rity, $622 million for drought relief, million, half of which will go into the who cannot afford this. $300 million for firefighting in the normal LIHEAP formula, half will go I will work with the distinguished West, and $250 million for low-income into emergency funding to be used at Senator from Vermont, as I have with home energy assistance. Emergency the discretion of the President. my colleagues on both sides of the funds totaling $2.4 billion are also in- While those Senators are already on- aisle, in trying to get more money cluded for peacekeeping operations in board, I know there are many other after this bill is passed for LIHEAP. I Darfur, refugee assistance, and other Senators—Republicans, Democrats, know the distinguished Senator from foreign assistance programs. We also and Independents—who are also want- West Virginia has supported us every approved $194 million for the replace- ing a vote to show the people back single time on LIHEAP. He also knows ment of the bridge which recently fell home that we have not forgotten them what it is like in those rural areas of into the Mississippi River. and that we do not want any Ameri- West Virginia where people barely eke The consolidated appropriations bill cans to go cold this winter. out a living and what happens to them contains an unprecedented level of Let me simply conclude by sug- when the snow is falling and it is cold transparency and accountability for gesting to you that the people of our outside and the children are crying be- Member-requested projects and ear- country all over America are losing cause they are cold and the parents are marks. Each and every earmark con- faith in the U.S. Government. That is doing everything possible to keep them tained in the bill or described in the ex- no secret. Polling for the President, warm. We will work on this. planatory statement is accounted for

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.053 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15824 CONGRESSIONAL RECORD — SENATE December 18, 2007 in the tables that are part of the joint my friend, Senator THAD COCHRAN, and on the rise—for the first time in 15 explanatory statement. These tables all the other Members of the Appro- years, the President wanted to cut describe the project, they describe the priations Committee for their hard State and local law enforcement, but— level of funding approved, and they work, their diligent work to produce there is that conjunction ‘‘but’’—we provide a list of the Members of either each—now listen to this—each of the 12 have restored $1.2 billion to that un- the House or the Senate who requested appropriations bills and for all their wise cut. the item. It is there, as clear as the cooperation in the assembly of this Under the President’s request, 600,000 noonday’s Sun in a cloudless sky. How Consolidated Appropriations Act. women, infants, and children would is that, BERNIE? We are not supposed to Sadly, the President does not share lose important nutrition assistance. address other Members directly, but in our view that we must invest in Amer- We fully fund—yes, we fully fund—the this instance, I know I will be forgiven. ica, apparently. The President—your WIC program. These tables, as I say, describe the President, my President, our Presi- This package also makes education a level of funding approved and a list of dent—proposed to increase the Defense priority—education a priority—by in- the Members of either the House or the budget by 10 percent. The President creasing Head Start by $114 million, Senate who requested the item. All in- proposed to increase foreign aid by 12 stopping the proposed cut of 30,000 slots formation required by Senate rule percent. The President—your Presi- for early childhood education. This ad- XLIV is included in the explanatory dent, my President, our President— ditional $118 million for No Child Left statement accompanying the amend- proposed $195 billion of emergency Behind means that tens of thousands of ment. Read it, Senate rule XLIV. spending for the wars, and yet the disadvantaged students will get the The total dollars that are earmarked President believes this 7-percent in- help they need to succeed in school. is reduced—hear me now—by 43 per- crease we sought for domestic pro- For college students, the amount for cent. That ‘‘ain’t’’ chickenfeed. The grams was fiscally irresponsible. As a Pell grants is increased to $4,731 per total dollars that are earmarked is re- result, he, the President—your Presi- year. duced by 43 percent compared to the dent, my President, our President— The President proposed to eliminate appropriations bills signed into law by threatened to veto 9 of the 12 appro- or slash numerous programs for our the President 2 years ago. priations bills. rural communities, such as rural It is imperative this bill be approved Under our Constitution, the Presi- health, rural housing, and clean water not the week after next, not next week dent has the power to veto. He does. programs, but we have restored money but this week. Last May, Congress Nobody disputes that. And the Presi- for all of those programs. passed a budget resolution that bal- dent made it clear, crystal clear, as The President wanted to slash fund- anced the budget by 2012 and permitted clear as the noonday’s Sun in a cloud- ing for vital infrastructure programs, Congress to approve appropriations less sky, that he intended to veto our but we—the Congress—have increased bills at a level of $21.2 billion above the bills. funding: For highways? Yes. For re- President’s request. We are already 10 weeks into the new pairing bridges? Yes. For airport im- The Senate was able to work con- fiscal year. It is time to govern. There provements? Yes. And for Amtrak. Am- structively on a bipartisan basis to ad- is a time in the affairs of men when we trak. All aboard for Amtrak. dress the needs of the American people. say it is time to govern. There must be At my direction, the bill includes a After the deadly bridge collapse in compromise from time to time, and so $20 million increase above the Presi- Minnesota, the Senate voted 88 to 7 to working together across the aisle, such dent’s request for mine safety. Now I provide additional funds to repair as Senator THAD COCHRAN and I—we know something about that. I know crumbling bridges. At a time when shake hands, we argue, we debate, and something about the need for mine crime rates are on the rise, the Senate we contend with one another. At the safety. I am the son of a coal miner. voted for a bill that puts more cops— end of the day, we put our arms around This money will save lives. each other and walk out of this Senate yes, they protect you, they protect Despite the failure of FEMA to ade- together. So working together across me—more cops on the street by a vote quately respond to Hurricane Katrina, the aisle, we have cut $17.5 billion from of 75 to 19. While oil prices are soaring, the President wanted to slash funding the original levels approved by the Ap- the Senate voted 75 to 19 to pass a bill by over $1.5 billion for first responders. propriations Committee. As a result, providing more help to low-income We restore those cuts—how about domestic programs receive only a 3- families so they can pay their heating that—and actually increase funding by percent increase. I am not pleased with bills this winter. $544 million. this outcome, but I urge all Senators After the shocking state of the Wal- I am pleased also that the bill in- to support the consolidated bill. cludes $31 billion for the wars in Iraq— ter Reed Army Medical Hospital made Within the limits set by the Presi- I was against that war. I said we ought the news, the Senate voted 92 to 1 to dent, we have funded as best we could, not go in there; we have no business approve a bill increasing VA spending the essential priorities of this Nation— being in there, but we are in there—and to allow better care for our returning your country, my country. For our vet- Afghanistan—I was for that war—in- warriors. erans, this package includes a record cluding $16 billion for the war in Af- Because our borders are in need of $43.1 billion in funding for the VA. ghanistan, over $10 billion for force additional enforcement to stem the That is a lot of money, $43.1 billion in protection in Iraq, such as body armor tide of illegal immigration, the Senate funding for the VA, an increase of $3.7 and systems to defeat IEDs, $1.1 billion voted 89 to 1 to approve an amendment billion over the President’s request. with billions more for border security. The bill provides $37.2 billion for vet- for the Wounded Warrior program, and This bipartisan cooperation on mov- erans health care, and an additional $4 billion for other programs. It is a ing the appropriations process forward, $124 million is included to hire more balanced package—a balanced pack- while addressing the crucial needs of VA personnel to reduce a 6-month age—and I support it. this country, would not have been pos- backlog of benefit claims. The bill invests in the security of our sible without the diligent work of the Funding for the National Institutes homeland and supports the men and committee’s ranking member. Who is of Health is $613 million above the the women who are on the front lines that ranking member? The distin- President’s request. of protecting our communities. The guished and able and venerable Senator Energy prices are going through the Border Patrol will hire 3,000 more Bor- THAD COCHRAN—may his tribe increase. roof, and we provide $788 million more der Patrol agents to protect our bor- That is from Abou Ben Adhem, in case than the President requested for the ders. We nearly double funding for port you have forgotten. Low-Income Home Energy Assistance security, chemical security—we know It is refreshing to know that in this Program, which gives 2 million more what that is about down in the Canaan era in which each political party is families additional help for winter Valley of West Virginia—and transit urged to view the other as a mortal heating bills at a time of these record and rail security. The Justice Depart- enemy, there is hope for at least one oil prices. ment will hire 100 new U.S. Marshals, oasis of comity in which the duty to Despite the fact that violent crime is 200 DEA agents, and 160 FBI agents, govern is still taken seriously. I thank on the rise—hear this, violent crime is and we provide funding for hundreds of

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.056 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15825 new cops at the State and local level. The President, in February, delivered efforts to add transparency to the proc- Finally, we more than double funding, a budget request to the Congress that ess going back to well before the enact- to a total of $108 million, for screening included a robust increase for our ment of the ethics reform bill. and treating illnesses suffered by those Armed Forces, very few increases for I think all Senators are comfortable who bravely responded to the 9/11 at- nondefense discretionary programs, in openly defending the funding prior- tacks at the World Trade Center. along with many proposed program ities they advocate and suggest be in- Because so many Americans are wor- cuts. Then, in the spring, the new ma- cluded in appropriations bills, and they ried about their mortgages and the jority in Congress laid out a very dif- should be. This is another reason why specter of foreclosure, this bill adds ferent vision for discretionary pro- it is so important that the Senate $180 million to provide credit coun- grams, one that called for some $23 bil- make time to consider all of the appro- seling and foreclosure mitigation to lion in additional spending. We have priations bills in an orderly process. subprime borrowers. before us an Omnibus appropriations The total amount of congressional These are not just meaningless num- bill that reflects many of the spending earmarks funded in this bill is well bers on an obscure government ledger. priorities of the Congress, both from below the level included in the fiscal There are consequences for our failure the majority and minority perspec- year 2006 appropriations bills. I know to invest in America. Did everybody tives, but the bill also reflects the very the amount is reduced because we hear hear that? There are consequences for real concern about overall spending the protests from our colleagues and our failure to invest in America. levels held by the President and most from our constituents as well. Whether Bridges fall, fires destroy, hurricanes Members, certainly on the Republican the amount of earmarking in this bill devastate. People get sick from food side of the aisle. is ideal, I don’t know. I suppose it de- that is not inspected and drugs that are The bill is, without question, an im- pends on the interests of the beholder. not adequately tested. Our schools, our perfect product of an imperfect proc- What I do know is Congress should roads, our transportation systems are ess, but I think every Member of this never yield its right or its power to all in need of serious attention. body would rather have the oppor- make annual spending decisions and in- This bill is a genuine effort to com- tunity to vote on appropriations bills clude those decisions in the appropria- promise so that we can move forward. individually rather than lumped to- tions bills. Congress should not leave it It is a balanced bill. It is the result of gether in one giant omnibus bill. I re- up to the executive branch, and it over a month of bipartisan negotia- gret that the Senate did not take up should not be persuaded that last tions. For the sake of the welfare of and consider all 12 of the appropria- year’s decisions are the right ones for our Nation, it is time—time, time—to tions bills individually. When we fail to the next year. That is why we have an govern. The ‘‘gotcha’’ politics that pre- take up all of the bills, we invite the annual process. Enacting a long-term, vail in Washington must end. To con- creation of an omnibus bill, lumping continuing resolution might appear to tinue it damages our country from all the other bills together, such as be an easy way to avoid controversy within and damages our country from this one, and we weaken the oppor- and disagreements. It is an abdication without and discredits both political tunity for the Senate to influence the of our responsibilities. parties—your party, my party—both content of these bills and shape the If Congress has to undergo vetoes of political parties. final legislation. I hope next year the appropriations bills and make modi- With respect to the explanatory leader will redouble his efforts to make fications to bills as a result, so be it. statement for the bill, the House-ap- time for consideration of all the appro- But ultimately we need to finish our proved amendment to H.R. 2764, was priations bills, even though it is quite work in a timely fashion and provide Federal agencies and departments with filed with the House Committee on possible that we will again disagree a set of directives and spending prior- Rules by Representative OBEY at ap- with the President over appropriate ities that reflect the collective will of proximately midnight Sunday night, amounts of discretionary spending. the legislative branch in consultation December 16, 2007. Accompanying the Having said that, this omnibus bill with the executive branch. That is why amendment is an explanatory state- is, in my view, superior to many of its we have hearings at the beginning of predecessors in one sense: It contains ment contained in the CONGRESSIONAL the annual appropriations process, to virtually none of the legislative matter RECORD of December 17, 2007. That get the views of the administrators of that is so often added to omnibus bills. statement, like the amendment, is the the programs, to invite executives from product of bipartisan, bicameral nego- And I give great credit to the chair- the various departments to tell us tiations. The joint explanatory state- man, my friend from West Virginia, what their challenges are, tell us what ment is the final vehicle for conveying and our two leaders, Mr. REID and Mr. the President’s priorities are, what the congressional intent with respect to MCCONNELL, for this fact. The business Cabinet Secretaries have to say about purposes for which appropriations are of the Appropriations Committee is their needs and their suggestions for made. complicated enough without importing appropriate funding levels. We take In order to assure that there is no legislative baggage from other commit- those into account. These are serious ambiguity as to congressional intent, tees in a way that often undercuts the issues that have to be considered by the House amendment includes a provi- delicate bipartisan and bicameral nego- the Congress. That is what the Appro- sion that provides that the explanatory tiations in other arenas. priations Committee tries to do every statement submitted by Mr. OBEY and I also note that the bill includes none year, in reviewing the President’s printed in the RECORD will serve the of the riders or funding prohibitions budget requests and the information purpose of a conference report for de- that the President previously identi- we receive at our annual hearings. termining congressional intent. I fully fied as likely to prompt a veto. While I Finally, I wish to say something endorse this provision, for in its ab- am sure this is a disappointment to about a part of this bill that is without sence, this Administration, which some Senators, it is an important fac- question one that has to be fixed. The strives to overturn statutory language tor in our being able to support the amendment adopted by the House of in its bill signing statements, would omnibus portion of this bill. Representatives includes $31 billion to completely ignore congressional in- I also wish to touch briefly on the fund the deployment of American men tent. subject of earmarks. Much has been and women overseas in the global war Mr. President, I yield the floor. made about earmarking throughout on terror. But the House amendment The PRESIDING OFFICER. The Sen- the year. Clearly, there have been past restricts operating funds to those ator from Mississippi. cases of abuse, just as historically fighting in Afghanistan and does very Mr. COCHRAN. Mr. President, I am there have been abuses of legislative little to support our troops deployed in pleased to be able to join my distin- powers in other areas. I hope the Iraq. While I understand the political guished friend from West Virginia in heightened scrutiny and transparency needle the House was attempting to advising the Senate that we have be- of the appropriations process will thread when it wrote this amendment, fore us the Omnibus appropriations eliminate any such abuses going for- I think the message it sends to our bill. It has been a long and difficult ward. The Appropriations Committee men and women who are deployed in road getting to this point. and its staff have made extraordinary these countries is unfortunate.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.058 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15826 CONGRESSIONAL RECORD — SENATE December 18, 2007 The Senate dedicated a serious The PRESIDING OFFICER. Without Chairman, he was at the forefront of amount of floor time to the debate of objection, it is so ordered. the fight against illegal, unreported, Iraq policy this year. The debate was, f and unregulated fishing—a serious of course, earnest and sometimes in- threat to all global fish stocks. formative. Amendments have been of- THE RETIREMENT OF DR. BILL I thank Bill for his many years of fered and votes were taken on issues HOGARTH service to our fisheries and fishing related to the war. Yet while the de- Mr. STEVENS. Mr. President, at the communities. I also thank him for his bates demonstrated a strong and sin- end of the year my good friend Dr. Bill cooperation and friendship as we cere desire among Members to success- Hogarth will be leaving his position as worked to achieve our common goals of fully conclude operations in Iraq as the leader of the National Marine Fish- fisheries sustainability. I think he has quickly as possible, there remains no eries Service. Bill is the Assistant Ad- done a grand job for the Nation. I wish broad consensus on any particular al- ministrator for Fisheries for the Na- Bill and his wife, Mary, all the best in ternative to the policy currently advo- tional Oceanic and Atmospheric Ad- the future. cated by the President or Ambassador ministration, and his departure will I yield the floor. Crocker or General Petraeus. mark the end of a 6-year tenure in this I suggest the absence of a quorum. Let’s be honest, that policy has pro- post. The clerk will call the roll. duced undeniable successes in recent Throughout Bill’s career with the The legislative clerk proceeded to months. I am sure deeply felt disagree- National Marine Fisheries Service, I call the roll. ments remain on the subject of Iraq have had many opportunities to work Mr. KYL. Mr. President, I ask unani- policy. But we have tens of thousands with him on Fisheries issues critical to mous consent that the order for the of American men and women who are the State of Alaska, to the Nation, and quorum call be rescinded. The PRESIDING OFFICER. Without deployed in Iraq and Afghanistan, per- to international fisheries management forming missions assigned to them by objection, it is so ordered. organizations. Bill’s knowledge of our Mr. KYL. Mr. President, I ask unani- our Government and with the blessing fisheries and commitment to science- mous consent in advance if I exceed the of Congress at the outset. Those men based management have helped to con- 10 minutes under morning business and women need the resources to suc- serve and rebuild many of our most im- that I be allowed to continue unless a ceed. To try to change American policy portant fish stocks, both domestically colleague comes here wishing to speak. in Iraq by slowly starving our troops of and internationally. The PRESIDING OFFICER. Without resources they need is unfair to them Last January, the President signed objection, it is so ordered. and very dangerous to our Nation’s in- our reauthorization bill for the Magnu- terests. We should reject the House son-Stevens Fisheries Conservation f language and provide adequate funding and Management Act, which mandates FISA REAUTHORIZATION AND to support our troops until well into an end to overfishing by requiring fish- TROOP FUNDING next year. eries management councils to adhere Mr. KYL. Mr. President, we are in a I wish to end my remarks by thank- to science-based catch limits. As we little bit of a lull here before we reach ing and commending our chairman, Mr. wrote that legislation, my colleagues the final conclusion of this session of BYRD, my dear friend. We have worked and I worked with Bill to ensure this this Congress. But much of the debate together in writing and negotiating goal would be met. His expert advice is revolving around two pieces of legis- these appropriations bills and this and insight into our Nation’s fisheries lation, one of which has been at least package that is coming before the Sen- regulations proved to be indispensable. temporarily removed from the floor, ate. I know we haven’t been able to In Alaska, which has half the coast- the reauthorization of the Foreign In- agree on everything, but we have line of the United States and produces telligence Surveillance Act, and the reached an accommodation so that we half of our Nation’s fisheries products, other one which is critical for us to act present this now at this point and urge Bill has also demonstrated a firm com- upon before we can leave Washington, its adoption. I thank all Senators who mitment to both conserving and sup- DC, and return to our home States, and served with us on the committee for porting our State’s fisheries. Under his that is the ability to fund the troops their diligent efforts. tenure, the fisheries service has in- whom we have sent on missions abroad Last year, we had a large appropria- vested in the scientific research and fa- in places such as Afghanistan and Iraq. tions train wreck. We do not want that cilities that will enable sound con- That funding has basically come to again. It produced a large supplemental servation of Alaska’s fish stocks. Bill an end. The Defense Department has funding bill. But we brought together a has also ensured effective implementa- had to rob Peter to pay Paul, moving bill this year, despite new rules and tion of all fisheries legislation impor- money from different accounts in the hard negotiations—renegotiations. I tant to our State. Defense Department in order to pay thank all our members for their hard Alaska native communities have also the ongoing effort of our troops. That work on both sides of the appropria- benefited under Bill’s leadership. He is not the right way, the most efficient tions committee, and I am happy we knows that the survival of our Alaskan way, to ensure that our troops have will be able to present this bill to the villages relies on maintaining access to what they need when they are fighting Senate. fisheries and marine mammals, and abroad. It is critical that we get the Mr. BYRD. Mr. President, I thank my therefore Bill worked hard to ensure funding to the troops. The President able friend for his generous remarks, that this access is upheld. At this has had a request out now for more for his good work on the committee, year’s meeting of the International than 10 months to try to get the fund- and for his kind leadership. I wish for Whaling Commission in Anchorage, ing on an emergency basis to them. him and all his loved ones a very merry during which Bill served as Commis- Our minority leader will have an Christmas, in the old-time way. sion Chairman, he secured the subsist- I yield the floor. amendment later on this afternoon Mr. COCHRAN. Mr. President, I sug- ence bowhead whale quota for Alaska that will seek to add money to fund the gest the absence of a quorum. Native communities. This was a sig- troops, at least through sometime next The PRESIDING OFFICER. The nificant victory at a contentious meet- spring. It is critical that we achieve clerk will call the roll. ing, and our communities owe Bill a that objective. That is the critical The legislative clerk proceeded to debt of gratitude for his achievements. piece of business we have to attend to call the roll. I am pleased that Bill will be remain- before we can leave. Mr. STEVENS. Mr. President, I ask ing on as Chairman of the Inter- I thought, in connection with both of unanimous consent the order for the national Whaling Commission. I look those national security issues, that quorum call be rescinded. forward to continuing to work with some comments that our friend, the The PRESIDING OFFICER. Without him in this capacity. This will build on former Speaker of the House of Rep- objection, it is so ordered. his other achievements in the inter- resentatives, Newt Gingrich, made Mr. STEVENS. Mr. President, I ask national arena—such as the Inter- back in September to the American unanimous consent to speak as in national Commission for the Conserva- Enterprise Institute were of special rel- morning business for about 4 minutes. tion of Atlantic Tunas, where, as evance and we might well consider

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.062 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15827 some of the things he said in thinking guess about what might happen. With I yield the floor. about how to move forward with this high confidence, they believe al-Qaida The PRESIDING OFFICER. The Sen- funding. Representative Gingrich said is planning high-impact plots against ator from Vermont. that to some extent the debate we are our homeland, focusing on targets that f having right now is the wrong debate would produce mass casualties, dra- UNANIMOUS-CONSENT REQUEST— about what is necessary to defeat our matic destruction, and significant eco- H.R. 2771 enemy and win the war against the ter- nomic aftershocks. So our very sur- rorists. The bottom line is, it cannot be vival as a free people is challenged by Mr. SANDERS. Mr. President, I ask done on the cheap. War is kill or be this large threat, and defeating it on a unanimous consent that the Senate killed. You risk everything in war. As worldwide basis is inherently going to now proceed to the immediate consid- a result, what we have to do is think involve a very large effort, a degree of eration of H.R. 2771, the legislative anew about the kind of bold effort and change we have yet to face. branch appropriations bill; that the difficult undertaking this really en- We need a debate about the genuine only amendment in order be a sub- tails. It does entail real risks, and we risk to America of losing cities to nu- stitute amendment at the desk which have to recognize that there are sig- clear attack or losing millions of is cosponsored by Senators LEAHY, nificant requirements for change in the Americans to engineered biological at- COLEMAN, KLOBUCHAR, SNOWE, OBAMA, way we operate. tacks. We also need a very calm dialog DOLE, BAUCUS, SUNUNU, CANTWELL, Congress can’t continue to provide about the genuine possibility of a sec- COLLINS, CASEY, LIEBERMAN, LANDRIEU, money, just dole it out a few weeks at ond Holocaust if the Iranians were to KERRY, KENNEDY, and CLINTON—this a time, hoping that will be sufficient get nuclear weapons and use them amendment provides for $800 million in for the troops. They have to be able to against Tel Aviv or Haifa or Jerusalem. additional LIHEAP funding—that there count on Congress to back them when All of these larger issues are some- be a time limitation of 30 minutes for we send them on a mission. times lost in the debate about arcane debate equally divided in the usual To some extent, as Representative provisions of something like the For- form on the amendment; that upon the Gingrich said, it is important to adopt eign Intelligence Surveillance Act that use of that time, the amendment be a spirit that in some cases it is better we are seeking to reauthorize. We have agreed to, the bill be read a third time, to make a mistake of commission and to keep in mind what the object is. We and the Senate, without any inter- then fix the problem than it is to avoid have to defeat a very capable enemy vening action or debate, vote on pas- achievement by avoiding failure. In which not only has the means but the sage of the bill, as amended. The PRESIDING OFFICER. Is there this regard, we have to have a national will to defeat us in a war literally to dialog about the true threat we are fac- objection? the end. Mr. REID. Reserving the right to ob- ing from this irreconcilable wing of We also need some realistic examina- ject, I say to my friend from Vermont, Islam and what is necessary for us to tion of the progress—or lack thereof— I support this issue. All you have to do defeat it, both in the ongoing conflicts we are making in the larger war. I is look in the Washington Post today in Afghanistan and Iraq as well as think we have to realistically assess at their editorial. It says, among other other places around the world where where we are with respect to that. In things: intelligence becomes our key tool in the last year or so, Hamas has won an This could be the start of an epic winter. If helping to defeat the enemy. enormous victory in Gaza; Hezbollah the past few winters here in the northeast One of the things Speaker Gingrich has won a substantial victory in south have taught us anything, it is to be prepared did was to refer to some remarks Dan- Lebanon; Iran, Syria, Lebanon, Af- to do whatever winter allows at the moment iel Pipes, an expert on the Middle East, ghanistan, the Taliban sanctuary in it allows. made about Islamists. He made it clear the Waziristan, substantial instability We have to be prepared for a cold that they have significant assets at in Pakistan, even in the Philippines winter. We have some money in this their disposal. They have potential ac- and, to some extent, even in Great bill that we hope to pass sometime in cess to weapons of mass destruction, a Britain. The estimates of terrorist the next several hours to take care of religious appeal that provides deeper sympathizers and potential sympa- some of the needs of the problems re- resonance and greater staying power thizers are far greater than the relating to the issue of LIHEAP; that is, than the artificial ideologies of fascism sources being applied to monitor them. money for people who are desperately and communism. They have an impres- Again, to summarize this point with poor and need help to keep their homes sively conceptualized and funded and respect to intelligence surveillance, we warm. That is what this is all about. I organized institutional machinery. have, even here in the United States, have told the Senator from Vermont They have an ideology capable of ap- the spread of a militant extremist rad- that I am going to do everything with- pealing to Muslims of every size and ical vision. It is funded by money from in my power to get this issue before the shape anywhere in the world. This is the Middle East, including Saudi Ara- Senate as soon as possible. Winter is problematic. Finally, these militant bia. It is on the Internet, on television, not going to end at Christmastime. Islamists have a huge number of com- it is in extremist mosques and schools. Winter is going to be here. We can mitted cadres, some estimate as many This advocacy of martyrdom, of jihad, move to enlarge the funding for this as 10 percent of the Muslim population suicide bombing, and violence against bill. That is a commitment I have. I of the world, which, of course, is a far a modern civilization is not restricted think with the list of cosponsors he has greater total than all of the fascists to places abroad; it exists even in the on this proposed unanimous-consent and communists combined who ever United States. request, it is something we should be lived. As Daniel Pipes would say, this At the end of our conflict in Iraq and able to get done. is a significant and impressive array of of the debate about our intelligence The problem the distinguished Sen- assets and potential against the West- collection activities, there is a simple ator finds himself in is, it is late in the ern world against which these test, and that is whether a free people year. This is the first year of this ses- Islamists have declared war. are celebrating because the American sion of Congress. There are always a Specifically, with reference to the in- people have sustained freedom against lot of reasons for not doing things this telligence I mentioned we have to focus evil or, God forbid, violent evil enemies late in the year. on, the CIA Director, GEN Michael of freedom are celebrating because I have admired this fine Member of Hayden, testified a couple of months Americans have been defeated. Life Congress for many years, being with ago about his own judgment of these would be easier if there was a more the people he best represents, people strategic threats facing the United modulated answer, but there is not. who don’t have any representation. I States. Among the things he said was In war, there is a winner and a loser. admire what the Senator has done. I that our analysis with respect to al- If the American people will sustain this hope we can move forward on this now. Qaida is that its central leadership is effort, we will win. But if American The PRESIDING OFFICER. Is there planning high-impact plots against the politicians decide to legislate defeat, objection? U.S. homeland. They assess this with then, of course, America could be de- Mr. KYL. Mr. President, on behalf of high confidence. So this is not just a feated. several Republican Senators, I object.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.070 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15828 CONGRESSIONAL RECORD — SENATE December 18, 2007 I would also note that I believe there collect intelligence against these orga- his amendment does not attain 60 votes may be one other unanimous-consent nizations and people wherever they are. in the affirmative, it be withdrawn; request, and I would be happy to sus- The best way to defeat the radical that upon the disposition of his amend- pend while that is made and then con- Islamists who mean to do us harm is to ment, Senator LEVIN be recognized to clude my remarks in 3 minutes. I think prevent it in the first place. That is offer his amendment to the motion; the Senator from Rhode Island would what good intelligence allows us. That that there be 1 hour for debate equally like to speak, or I can go ahead and is why it is important for us to reau- divided on his amendment prior to a conclude, and then the Senator from thorize the Foreign Intelligence Sur- vote on his amendment; that if it does Ohio could make his request—whatever veillance Act. not attain 60 votes, it be withdrawn the pleasure of the leader is. My point is, on two of the great and the Senate immediately, without Mr. REID. Has there been objection? issues that are before us today, we any intervening action, vote on Sen- The PRESIDING OFFICER. Objec- have a violent enemy that needs to be ator MCCONNELL’s motion to concur; tion is heard. defeated. The best way to do that is to that if his motion does not attain 60 Mr. REID. I suggest the absence of a support our troops and our intelligence votes in the affirmative, it be with- quorum. agencies and the men and women who drawn; that upon the disposition of The PRESIDING OFFICER. The are carrying out the missions we have House amendment No. 2, the Senate clerk will call the roll. asked of them in defeating this enemy. proceed to House amendment No. 1; The legislative clerk proceeded to We have to understand the threat that Senator REID then be recognized call the roll. and understand that in America, in to move to concur in the amendment of Mr. REID. I ask unanimous consent this great democratic Republic of ours, the House, with an amendment con- that the order for the quorum call be the American people are the center of taining the text of the House-passed rescinded. gravity in any war. It is their support AMT bill, H.R. 4351; that there be 1 The PRESIDING OFFICER. Without that is needed in order to achieve vic- hour for debate on his motion equally objection, it is so ordered. tory. divided between the two leaders or Mr. REID. Mr. President, I ask unan- Our young men and women on the their designees; that upon the conclu- imous consent that the Senator from battlefield and our people serving us in sion of that time, the Senate vote on Arizona be recognized for up to 5 min- the intelligence community are count- the motion; that if the motion does not utes to finish his statement, and then I ing on us, the representatives of the attain 60 votes in the affirmative, it be would like to be recognized. American people, to see to it that they withdrawn; that if it is withdrawn, The PRESIDING OFFICER. The Sen- have what they need to carry out their Senator REID then be recognized to ator from Arizona. missions. offer a motion to concur in the House f The PRESIDING OFFICER. The ma- amendment; that there be 2 hours for TROOP FUNDING jority leader is recognized. debate equally divided between the two f leaders on that motion; that no other Mr. KYL. I will conclude in about 3 ORDER OF PROCEDURE motions to concur or amendments be minutes. in order prior to the disposition of Sen- Mr. President, the point I was mak- Mr. REID. Mr. President, I ask unan- ator REID’s motions to concur. ing is this: It is easy to lose sight of imous consent that if this consent is The PRESIDING OFFICER. Is there the larger objective when we get down granted, the first person recognized be objection? into the details of specific legislation, Senator JACK REED, who wants to talk The Republican leader. as we must do. It is important to un- about a staffer, someone who works for Mr. MCCONNELL. Mr. President, derstand it and to get it right, but we him. with regard to the 2 hours so des- also have to keep our eye on the ball. Mr. MCCONNELL. Will the leader ignated for the AMT debate, I request To mix metaphors, you have to look at yield? I did not hear him. the opportunity to modify: that Sen- the forest and not get drawn down into Mr. REID. If the consent is granted, I ator ISAKSON have 5 minutes, Senator the trees too much. The forest here is want Senator REED to be recognized for CHAMBLISS have 5 minutes, Senator a very dangerous enemy which means up to 8 or 10 minutes, let’s say 10 min- DEMINT have 15 minutes, Senator ENZI to do us harm. They have the means to utes. Following that, I ask unanimous have 5 minutes, Senator GRASSLEY do it. They have the will to do it. We consent that the Senator from Ohio, have 15 minutes, and Senator COCHRAN are fighting them in two different Mr. BROWN, be recognized for up to 5 have 15 minutes—that is for the final kinds of conflicts. We are fighting minutes. vote, Mr. President, not the AMT vote. them in hot war in Afghanistan and f Iraq. It is a serious proposition. Young The PRESIDING OFFICER. Is there men and women have been sent to UNANIMOUS CONSENT objection to the request, as modified? these places to do battle, to lay their AGREEMENT—H.R. 2764 Hearing none, it is so ordered. lives on the line to carry out the mis- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, speaking on sion on behalf of the American people imous consent that when the Senate behalf of—and Senator MCCONNELL cer- to secure those places for liberty. Not begins consideration of the message tainly can speak on behalf of himself— all of them will come home. Not all of from the House on H.R. 2764, the For- I appreciate the cooperation of every- them will come home without cas- eign Operations bill, there be 1 hour for one. These are very difficult issues, and ualty. This is serious business. It re- debate equally divided between the two there is a lot of work we have not done. quires our full attention, with a knowl- leaders or their designees on invoking But that is the way it always is at the edge of the nature of the threat. cloture on the motion to concur in the end of a session like this. So I appre- We cannot send them to do this job House amendments; that the Senate ciate everyone’s cooperation. I hope no without being willing to provide them vote on that cloture motion upon the one has been offended with my being a the funding they need to sustain their use or yielding back of that time; that little pushier than usual, but I had a effort. Part of the debate today is en- the mandatory live quorum be waived; little pushing on my side anyway, suring that at least for the next 4 that if cloture is not invoked, the Sen- pushing me to get this done. Everyone months, they will have enough money ate then proceed to amendment No. 2 has a lot to do. to get the job done. of the House; that Senator MCCONNELL We have one Senator who needs to By the same token, we have an be recognized to offer a motion to con- get things done tonight. She has a sick enemy all over the world, including in cur in that amendment, with an daughter. She has to go home. We have the United States, which is plotting, amendment; that Senator FEINGOLD a lot of issues we need to address. our intelligence community assesses then be immediately recognized to So we will now hear from Senator with high confidence, to carry out a offer an amendment to that motion; REED and Senator BROWN, and then we devastating attack if they have the op- that there be 1 hour for debate equally will be on the bill. portunity to do so. It is critical that divided in the usual form in relation to The PRESIDING OFFICER. The Sen- we use the assets we have available to Senator FEINGOLD’s amendment; that if ator from Rhode Island.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.071 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15829 Mr. REED. Thank you, Mr. Presi- suing years, we have become dear their staffs, to join me in paying trib- dent. First, let me thank the majority friends, and he is a trusted adviser. ute to a stellar Senate employee, Den- leader for arranging this time. During his tenure with my office, nis Riley. f Dennis has worked on special projects Rhode Island has been honored by his and has assisted hundreds of agencies service, and the Reed staff will fondly TRIBUTE TO DENNIS P. RILEY and organizations as they sought Fed- remember his time with them. We Mr. REED. Mr. President, I rise to eral assistance and thousands of Rhode formed a lasting bond that will never pay tribute to an outstanding Rhode Is- Islanders who needed help, who needed be severed, and we treasure that bond. lander and a superb employee of the someone to listen to their stories, and As Dennis files the final ‘‘Riley Re- Senate who is retiring after 34 years of to let them know there is a govern- port,’’ I wish him every good wish. Federal service—my friend, my col- ment that cares about them, because Now, Dennis is Irish, and that means league, someone I admire immensely, Dennis Riley is a person who cares he has a rather somber view of the Dennis P. Riley. deeply, not just about Government but world. He has a saying on his office Dennis Riley has worked in my Prov- about the people we serve. door that reads: ‘‘There is nothing so idence office since I was elected to the In Rhode Island, he has been involved bad that it can’t get worse.’’ That is a Senate. But before that, he was a long- in crafting many public policy initia- typically Irish sentiment. As we send time employee of Senator Claiborne tives, and he has been particularly ac- him off, however, let me offer another Pell, my predecessor. Dennis was born tive as my point person on Federal sentiment. Dennis: in Pawtucket, RI, on March 3, 1948, and grants and the applications process for May the saddest day of your future be no attended St. Raphael’s Academy. He the Appropriations Committee. worse went on to earn a bachelor of science in He has shepherded projects through. Than the happiest day of your past. history and political science at the He has brought people together for the Thank you for your friendship, and University of Wisconsin in 1971. common good. He has made a signifi- thank you for your service. He taught history for a brief time in cant impact on the economic vitality Mr. President, I yield the floor. the Pawtucket School System and was of my State. Although Dennis’s name The PRESIDING OFFICER. The Sen- a graduate student in the Masters in will never be lauded in the news re- ator from Ohio. Teaching Program at Rhode Island Col- ports or press releases, his hand is seen f lege. In 1972, he became the field coor- in so many efforts to make our State FOOD PANTRIES dinator for U.S. Senator Claiborne an even better place to live, work, and Pell’s reelection campaign and formed raise our families. Mr. BROWN. Mr. President, on Mon- a bond with Senator Pell and public Everyone who knows Dennis sees him day, in Hocking County—a small-town, service that lasts to this day. as a kind and decent man, with a great rural county in southeast Ohio—resi- Dennis came to serve on the personal heart, a great mind—someone we are dents began forming a line at the staff of Senator Pell, first as a staff as- proud to call a dear friend. Smith Chapel United Methodist Church sistant in Washington, DC, from 1973 to His compassion and quick Irish wit Pantry before dawn. By 8:30, when vol- 1978. But in recognition of those skills are legendary. For years, transplanted unteers began distributing food, the and the commitment he brought to Rhode Islanders in Washington, DC, line of cars stretched for more than a bear as a staff member for Senator and politicos in our State eagerly mile and a half. By early afternoon, Pell, Senator Pell chose Dennis to awaited, every day, the ‘‘Riley Re- more than 2,000 residents had received serve as his campaign manager for his port’’—a carefully crafted summary of food. That is over 7 percent of the local next successful reelection effort. So the day’s topical stories, political population. Mr. President, 1 out of 14 Dennis returned to Rhode Island and news, and a retelling of the events of people in this county had received food successfully planned and executed the the day in Rhode Island. This complete from this food pantry. Eight years ago, Senator’s reelection campaign. and unbiased commentary of the au- the same pantry was serving 17 fami- From 1979 to Senator Pell’s final day thor provided the ‘‘real story,’’ very lies a month. Two thousand people in in office, Dennis worked as assistant often, of what was going on in Rhode one day; 17 families for the whole director of the Senator’s Rhode Island Island. month 8 years ago. office. He was a trusted employee of Well, after his distinguished service The Freestore Foodbank in Cin- Senator Pell, and, more importantly, to the Senate for 34 years, Dennis now cinnati, OH, has seen a 52-percent in- Dennis remains close to the Pell family will be retiring to his beloved home in crease in demand this year. Many of today. Little Compton, RI, with his wife—the these new patrons are working people. As Senator from 1961 to 1997, Senator love of his life—Kathy McLaughlin They are working minimum-wage jobs. Claiborne Pell’s legacy includes estab- Riley. Kathy is a warm and lovely per- Some hold two jobs. They are not just lishing Pell grants as well as creating son, who has devoted her life to edu- the homeless. They are not just the the National Endowment for the Arts cating children. She is an elementary dispossessed. They are all kinds of peo- and the National Endowment for the teacher at the Elizabeth Baldwin ple who have had a series of bad luck in Humanities. Senator Pell was also School in Pawtucket, and she will soon the last several months. noted as a diplomat, and he served with join Dennis in retirement. With food prices going up, fuel prices distinction as chairman of the Foreign In their well-deserved retirement, going up, wages stagnating, and Relations Committee. Senator Pell’s Dennis and Kathy plan to travel exten- subprime foreclosures continuing to hit legacy is a model for all of us, particu- sively. They are avid baseball enthu- home, working middle-class Americans larly for myself. Dennis Riley is a tes- siasts, and they plan to visit all the are finding it difficult to find room in tament and a part of that tradition of ballparks they have not yet seen. It their budgets for food. talented and conscientious public serv- will be an inspiring and interesting trip More Americans in need; less food ants who labor, perhaps in the shadows, for both of them. available—the result is far too much but it is their work that is decisive in He will also be spending time caring human suffering. Think of this. In the our success on the floor. for his family, including creating more wealthiest Nation in the world, people After Senator Pell retired, and the memories with his many nieces and are waiting in line for a subsistence people of Rhode Island gave me the nephews who so treasure his company. level of food, and some of them are not chance to continue his good works, I wish both Kathy and Dennis much even receiving that. The men and Senator Pell spoke so highly of Dennis happiness and fulfillment in the years women and children waiting in line for that I asked him to join my staff. It is ahead. food are men and women and children one of the best decisions I have ever Now, on behalf of myself—and also I you have passed on the street—mothers made. He brought with him a keen will take the liberty to speak on behalf and fathers trying to feed their kids, knowledge of the workings of the Sen- of my esteemed predecessor, Senator children too proud to admit there is no ate, a history and knowledge of Rhode Claiborne Pell—I would ask all my col- lunch money in their pocket, no food in Island politics, good judgment, great leagues in the Senate, who treasure, as the refrigerator, no holiday meals wisdom, and great character. In the en- I do, the loyalty and the devotion of ahead; no food.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.072 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15830 CONGRESSIONAL RECORD — SENATE December 18, 2007 Grandmothers raising their grand- I would like to ask the Senator from warm most of the time. We have people children, living on fixed incomes, rely- Ohio whether he is familiar with Sec- who are homeless there who are des- ing—because they have no choice but ond Harvest, which is a major national titute. Food banks is the difference be- to rely—on food pantries, on food dona- organization that involves itself in the tween being very hungry and having tions, on food banks. processing of contributions from pri- something to eat. The unemployed, the sick, the aged, vate industry and from the Federal I, at one time, in disguise, spent 2 the homeless, the mentally ill. And in Government into food pantries, and days with the homeless. It was a num- Hocking County, 1 out of 14 people whether he has any experience in deal- ber of years ago that I did that, but it went to one food bank on 1 day. There ing with the Second Harvest food pan- is something I will never forget. People are people who live in the communities tries in his area or other food pantries. are not there because they want to be. that all of us serve. Food banks in The last point I would like to make They are not there because they are Ohio, in Montana, Michigan, Illinois, is that we were told on Sunday that lazy. There are some who are alco- Arizona, New York, New Mexico, North people who care, particularly during holics, and there are some who have Dakota, and Rhode Island and in every this holiday season, should go to drug problems, there is no question State of the Union are underfunded and secondharvest.org, but find their local about that. But there are so many of overextended. Food banks too often are pantry, find where they can drop off these people who have emotional prob- rationing rations, trying to prevent food, volunteer for an hour, make a do- lems who have no community health children and families from going hun- nation, do something that will make centers where they can go, so they are gry over the holidays. In Lorain, OH, you feel good about yourself this holi- just down and out. my hometown, the Salvation Army day season. All the Senator from Ohio is saying Food Pantry ran out of food com- But I would like to ask the Senator is that food banks, the places where pletely and was forced to close tempo- from Ohio whether he has been con- the poorest of the poor go to get a rarily. The society of St. Vincent de tacted by these agencies dealing with meal, don’t have food. I want the at- Paul Food Pantry in Cincinnati has Second Harvest. tention to be directed to the last two been forced to give families 3 or 4 days Mr. BROWN. Mr. President, I thank things we have tried to work on: keep- of food instead of the customary 6 or 7 the senior Senator from Illinois for his ing people warm in the wintertime and days of food when people come to see work on food issues and on other helping people so they are not starving. them. In Athens County, OH, earlier issues, including everything from So I appreciate this. this month, the director of the Family subprime to minimum wage and all The people who are cold in the win- and Friends Choice Pantry was actu- issues where we can play a role in im- tertime don’t have people to come and ally ‘‘praising God we are in a snow- proving the lives of people who, as the lobby for them. People who are home- storm and not many people showed up’’ Senator from Illinois said, are working, less don’t have people here lobbying for because if they had, her pantry would in most cases, full-time jobs. them, coming in their limousines and have run out of food. In Ohio as a Second Harvest is one of the great or- parking over on Constitution Avenue, whole, 70 percent of food pantries don’t ganizations in this country—in Illinois, and sometimes they are in their Gucci have enough food to serve everyone in in Ohio, in Nevada, and in Vermont, all shoes and they have to walk all the need. over this country. I urge people, underway across half a block to come and That is why earlier last week I of- standing that Second Harvest is not lobby for some of the tax breaks they fered legislation to act to alleviate the getting the donations they used to get, want. For people who are hungry and current food shortage. That is why I they are not getting enough help from people who are cold, that isn’t the case. want to see us include $40 million in the Government, they are not getting So I appreciate very much the Senator emergency food aid for food pantries as much from supermarkets and from from Ohio bringing to the attention of across my State and across the coun- businesses as they got before, and they, the Senate something that needs to be try. I appreciate the leadership of Sen- frankly, are not getting as many chari- done. ator DURBIN and Majority Leader REID table donations because people who f in wanting to include this at the next gave before sometimes are in need opportunity come January to get this themselves because it is often people CONSOLIDATED APPROPRIATIONS $40 million out to the States, out to who don’t make a lot of money who are ACT, 2008 churches and food banks and food pan- the most generous with their money Mr. REID. Mr. President, I ask unan- tries so that the 1 out of 14 people in and with their assistance, to plea to imous consent that the Chair lay be- Hocking County and people in need all people in our States, businesses, indi- fore the Senate the message from the over this country can get the assist- viduals who are as lucky as we are in House on H.R. 2764. ance we can afford to give them. this Chamber, to help Second Harvest, The PRESIDING OFFICER. Under Mr. DURBIN. Mr. President, will the to go on Web sites and look in the yel- the previous order, the Chair lays be- Senator from Ohio yield for a question? low pages and look around their com- fore the Senate a message from the Mr. BROWN. I yield to the senior munities where they can help people so House. Senator from Illinois. The legislative clerk read as follows: Mr. DURBIN. Mr. President, I would that this will actually make a dif- like to ask through the Chair—I want ference. So I thank the Senator from Resolved, That the House agree to the amendment of the Senate to the bill (H.R. to first thank the Senator from Ohio Illinois for his interest. Mr. REID. Mr. President, I men- 2764) entitled ‘‘An Act making appropria- for his leadership on this issue. He is tions for the Department of State, foreign new to the Senate but not new to this tioned to my friend from Ohio a fact that I just heard. I hope it is wrong, operations, and related programs for the fis- issue. cal year ending September 30, 2008, and for Times have changed in America, and but if it is wrong, it is not much wrong. other purposes,’’ with amendments. The average income of people who vote not for the better when it comes to CLOTURE MOTION in America today is $70,000 a year. I am food pantries. People need help. I just Mr. REID. Mr. President, I move to very happy we have people who have a this Sunday visited the Greater Chi- concur in the amendments of the little—people of means who are voting, cago Food Depository and learned that House. I have a cloture motion. there is an 11-percent increase over last but the reason I mention that is the The PRESIDING OFFICER. The clo- year in the number of people coming last two issues that have been brought ture motion, having been presented into food pantries served in the greater before the Senate, one dealing with under rule XXII, the Chair directs the Chicagoland area, and most of them LIHEAP—that is, how people stay clerk to read the motion. have jobs. These are people who, when warm in the wintertime; that was by The legislative clerk read as follows: the Senator from Vermont, Mr. SAND- they fill up the gas tank and need an- CLOTURE MOTION ERS—and now the Senator from Ohio is other $20 to fill the tank, realize they We, the undersigned Senators, in accord- are not going to have enough money to talking about food banks. In Nevada, 25 ance with the provisions of rule XXII of the buy food for their children that they percent of the homeless are veterans, Standing Rules of the Senate, do hereby planned on buying, and they make a and we have a very difficult problem, move to bring to a close debate on the mo- stop at the food pantry. especially in Las Vegas. The weather is tion to concur in the House amendments to

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.073 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15831 H.R. 2764, State, Foreign Operations Appro- more than 5 minutes on a separate provide FOIA requestors and Federal priations, 2008. issue before we get heavily into the de- agencies with a meaningful alternative Harry Reid, Jeff Bingaman, Barbara A. bate? to costly litigation. Mikulski, Byron L. Dorgan, Daniel K. Mr. LEAHY. Mr. President, the time The OPEN Government Act will pro- Inouye, Patrick Leahy, Max Baucus, Mark Pryor, Debbie Stabenow, Kent has been equally divided, and I ask tect the public’s right to know, by en- Conrad, Patty Murray, Bill Nelson, unanimous consent that the Senator suring that anyone who gathers infor- Jack Reed, Ken Salazar, Blanche L. from Idaho, when recognized, be able to mation to inform the public, including Lincoln, Tom Carper, Herb Kohl, Ben take 5 minutes from the time set aside freelance journalists and bloggers, may Nelson, Dick Durbin. on the Republican side. seek a fee waiver when they request in- Mr. REID. Mr. President, the man- The PRESIDING OFFICER. Without formation under FOIA. ager of this bill is going to be the chair objection, it is so ordered. The bill ensures that Federal agen- of the Foreign Operations Sub- Mr. LEAHY. Mr. President, I am cies will not automatically exclude committee. Senator BYRD has des- pleased that the Congress will send the Internet blogs and other Web-based ignated Senator LEAHY to manage this Openness Promotes Effectiveness in forms of media when deciding whether bill. During the hour that is prior to our National Government Act—the to waive FOIA fees. In addition, the this cloture vote, we have a few people ‘‘OPEN Government Act—S. 2488, to bill also clarifies that the definition of who want to speak; maybe not all the the President for signature before the news media, for purposes of FOIA fee time will be used. I hope during the end of this year. With House passage of waivers, includes free newspapers and evening people will be considerate of this bill today, and the Senate’s pas- individuals performing a media func- talking when they have to. These sage of it last Friday, this historic, bi- tion who do not necessarily have a issues are fairly well pronounced now. partisan, bicameral legislation be- prior history of publication. We know what they are. We have a do- comes the first major reform to the The bill also restores meaningful mestic spending bill that has been Freedom of Information Act, FOIA, in deadlines for agency action, by ensur- worked out through the House and the more than a decade. The American peo- ing that the 20-day statutory clock Senate, Democrats and Republicans. ple will have a new law honoring the under FOIA starts when a request is re- We have the White House which has public’s right to know under the tree ceived by the appropriate component of been involved in that. That part should this holiday season. the agency and requiring that agency be fairly easy. It may not be every- I commend House Government Re- FOIA offices get FOIA requests to the thing we want, it may be more than form and Oversight Committee Chair- appropriate agency component within what some want, but it should not take man HENRY WAXMAN for moving quick- 10 days of the receipt of such requests. a lot of time. ly to enact this bill, and for his leader- The bill also clarifies that the Su- We have three amendments relating ship of the successful effort to pass preme Court’s decision in Buckhannon to the debate on the war funding. One FOIA reform legislation in the House Board and Care Home, Inc. v. West Vir- is the McConnell amendment which of Representatives. I thank him and his ginia Dep’t of Health and Human Re- will try to increase war funding up to staff, including Anna Latin, Michelle sources, which eliminated the ‘‘cata- $70 billion out of the $196 billion the Ash and Phil Schiliro, for all of their lyst theory’’ for attorneys’ fees recov- President has asked for. We also are hard work on this legislation. I also ery under certain Federal civil rights going to have an amendment offered by commend Representative WILLIAM laws, does not apply to FOIA cases. Senator FEINGOLD that will deal with a ‘‘LACY’’ CLAY, JR., for sponsoring this Furthermore, to address concerns matter we brought before the Senate legislation in the House. about the growing costs of FOIA litiga- on other occasions which calls for our I also thank the members of my staff tion, the bill also creates an Office of troops to be back by the middle of May who worked on this bill—Lydia Government Information Services in of this next year, leaving troops to Griggsby, Lauren Brackett, Erica the National Archives and creates an take care of counterterrorism, force Chabot, Bruce Cohen and Leila George- ombudsman to mediate agency-level protection, and training the Iraqis to a Wheeler—for all of their hard work on FOIA disputes. limited extent. Then we have an this bill. In addition, the bill ensures that amendment which will be offered by I also commend the bill’s chief Re- each Federal agency appoints a Chief Senators LEVIN and REED that will call publican cosponsor in the Senate, Sen- FOIA Officer to monitor the agency’s for additional funding for Iraq, but in ator JOHN CORNYN, for his commitment compliance with FOIA requests, and a addition to that, it will have some ac- and dedication to passing FOIA reform FOIA Public Liaison who will be avail- countability that is now not in exist- legislation this year. able to resolve FOIA related disputes. ence. I am also appreciative of the efforts And, the bill creates a better tracking Mr. President, as the majority lead- of Senator JON KYL for cosponsoring system for FOIA requests to assist er, I designate Senator LEAHY as the this bill and helping us to reach a com- members of the public and clarifies controller of our time during the de- promise on this legislation this year. I that FOIA applies to agency records bate on this matter. also thank the more than 115 business, that are held by outside private con- The PRESIDING OFFICER. Under news media and public interest organi- tractors, no matter where these the previous order, there will be 1 hour zations that have endorsed this legisla- records are located. for debate equally divided between the tion. Finally, this bill contains a number two leaders or their designees prior to As the first major reform to FOIA in of key improvements championed by the vote on the motion to invoke clo- more than a decade, the OPEN Govern- Chairman WAXMAN. The bill includes ture. ment Act will help to reverse the trou- ‘‘pay/go’’ language that will ensure The Senator from Vermont is recog- bling trends of excessive delays and lax that attorneys’ fees that are awarded nized. FOIA compliance in our government in FOIA litigation are paid for with an- Mr. LEAHY. Mr. President, I will and help to restore the public’s trust in nually appropriated agency funds. hopefully not even need the full hour, their government. The bill also eliminates a provision and we will be able to go ahead and This legislation will also improve on citations to FOIA (b)(3) exemptions have the cloture vote. I believe Senator transparency in the Federal Govern- contained in the earlier Senate bill. In GREGG is going to be managing on the ment’s FOIA process by: restoring addition, the bill includes a new provi- Republican side once he gets here. meaningful deadlines for agency action sion that requires Federal agencies to Hopefully, it will be possible to just under FOIA; imposing real con- disclose the FOIA exemptions that yield back all of our time before the sequences on Federal agencies for miss- they rely upon when redacting infor- end of the hour and go to a vote. I will ing FOIA’s 20-day statutory deadline; mation from documents released under yield in just about 3 minutes to Sen- clarifying that FOIA applies to govern- FOIA. ator MURRAY from Washington State ment records held by outside private And the bill adds FOIA duplication for 10 minutes. contractors; establishing a FOIA hot- fees for non-commercial requestors, in- Mr. CRAIG. Mr. President, will the line service for all Federal agencies; cluding the media, to the fee waiver Senator consider yielding to me for no and creating a FOIA Ombudsman to penalty that will be imposed when an

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.075 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15832 CONGRESSIONAL RECORD — SENATE December 18, 2007 agency fails to meet the 20-day statu- government. It has saved billions of were requested by the President. But tory clock under FOIA. dollars over the years because of what when it comes to the transportation The enactment of FOIA reform legis- they found out, but more importantly, and housing division of this bill, I wish lation this year is an important mile- it has kept our Government honest. I to make it clear to my colleagues that stone in the effort to restore openness wrote the Electronic Freedom of Infor- the budget reflected in this bill is not and transparency to our government. mation Act which allowed us to use the the President’s budget. Instead, this By sending this meaningful FOIA re- Internet and electronic files for that bill makes great strides in rejecting form bill to the President this year, purpose. President Bush’s hardest and harshest the Congress also sends a powerful But this month, the Open Govern- cuts in transportation and housing, and message to the American people that ment Act—the first major reform in it includes critical initiatives that are the era of excessive government se- more than a decade—is going to help new that will make important im- crecy has come to an end. reverse the troubling trends of exces- provements to transportation safety. While I am pleased that the reforms sive delays, the lax compliance with I am proud of what this bill accom- contained in the OPEN Government FOIA and will help restore public trust plishes. It provides funding to hire and Act will ensure that FOIA is reinvigo- in our Government. It will improve train new air traffic controllers, and it rated for future generations, my work transparency and restore meaningful rejects the President’s efforts to cut to strengthen FOIA will not end with deadlines for agency action under funding to modernize the air traffic the enactment of this legislation. FOIA. It will also impose real con- control system. It responds to our need There is much more work to be done sequences on Federal agencies who to address crumbling infrastructure, to ensure that we have a government miss the 20-day statutory deadline. It especially our Nation’s highway that is open and accountable to all will clarify that FOIA applies to Gov- bridges, and it responds to the wors- Americans. And I will continue to work ernment records that are held by out- ening congestion our families experi- with Senator CORNYN, Chairman WAX- side private contractors. The Open ence on our highways and our runways. This bill rejects the efforts by the ad- MAN and others to further strengthen Government Act will establish a FOIA ministration to slash funding that this vital open government law. hotline service for all Federal agencies, would ease congestion at our airports. I urge the President to promptly sign and create a FOIA Ombudsman, which It rejects his efforts to push Amtrak this open government legislation into will provide a meaningful alternative into bankruptcy and leave millions of law at the earliest opportunity. to costly litigation. Americans stranded on the platform. So again, I am pleased today that the Chairman WAXMAN wanted pay-go And it rejects his attempt to walk Congress is going to send the Openness language to ensure that attorney’s fees away from the needs of millions of Promotes Effectiveness in our National that are awarded in FOIA litigation are Americans who depend on the Federal Government Act—also known as the paid for with annually appropriated Government to keep a roof over their OPEN Government Act—and for those agency funds, and that has been in- heads, including our elderly and our who follow this issue, FOIA. They are cluded in this bill. going to send it to the President before disabled. This is an important milestone. The Finally, this bill reaches a helping the end of this year. With passage of Open Government Act contains reforms hand to the millions of families who this bill today in the House and the that ensure FOIA is reinvigorated for are worried at this holiday season Senate’s passage of it last Friday, this future generations. I don’t intend to about whether they will be able to keep historic, bipartisan, bicameral legisla- give up after this effort, of course. We their homes in the coming year. Mil- tion becomes the first major reform of will continue to work with our over- lions of people are facing foreclosure the Freedom of Information Act in sight. We will continue to pursue ef- on their homes in the coming months more than a decade. The American peo- forts on FOIA. But what we have said as mortgage payments are rising out of ple are going to have a new law hon- is that no matter who is the next control. There are communities in this oring the public’s right to know, and President, they will have to run a Gov- country where every third home or they will have it during this holiday ernment that is more open than it has even every other home is being aban- season. been in the past, and all 300 million doned by homeowners who cannot I commend the House Government Americans will have a better chance to make their payments. Reform and Oversight Committee know what happens in their Govern- This bill addresses that crisis by tar- chairman, HENRY WAXMAN, for moving ment. geting almost a quarter of a billion dol- quickly to enact this bill and for his This is a great step forward for the lars to ensure that our families get the leadership. I wish to thank him and his access of a free press, and for an honest counseling they need. This kind of staff, including Anna Latin, Michelle and open Government in this country. housing counseling can make all the Ash, and Phil Schiliro, for all of their Mr. President, I yield such time as difference for homeowners who are hard work on the legislation. the Senator from Washington State struggling to make payments and to I commend also the chief Republican may need of the time I have. I yield 10 keep their homes. The amount this bill cosponsors in the Senate, Senator JOHN minutes to the Senator from Wash- provides for housing counseling is more CORNYN and Senator JON KYL, for join- ington State. than 41⁄2 times the level that was asked ing me in this effort. The PRESIDING OFFICER. The Sen- for by President Bush. The reason this legislation is so im- ator from Washington. Earlier this year, my very able part- portant is that throughout my whole Mrs. MURRAY. Mr. President, as ner Senator BOND and I held numerous career in the Senate, I have always chairman of the Transportation, Hous- hearings on the most important trans- supported the idea of the Freedom of ing, and Urban Development Sub- portation and housing challenges that Information Act. We all know no mat- committee, I have mixed feelings as I face this Nation. Together we nego- ter who is in the administration, rise to talk about the transportation tiated every line of a very complicated whether it is a Democratic or a Repub- and housing division of this Omnibus spending bill with each other and then lican administration, that when they appropriations bill. with our colleagues in the House. We do things they want us to know about, This bill is the result of a lot of hard were able to put together an appropria- the press releases flow. When they work, and there is a lot to be proud of. tions bill that was reported, in fact, make a mistake—and all administra- At the same time, I regret that over unanimously by our committee and tions do—they would just as soon we the last month, we have had to strip passed the Senate with 88 votes. We not know about it, whether money has some $2.1 billion in resources from it. then negotiated a conference agree- been wasted or whether a policy has As all of us know, the Omnibus bill be- ment that earned the signature of not been followed. The Freedom of In- fore us has a total cost that is slightly every single conferee on both sides of formation Act allows the American higher than the levels requested by the aisle on both sides of the Capitol. public—and after all, the Government President Bush, and much of the press So we produced a truly bicameral, bi- serves them—to find out, through indi- coverage surrounding this bill has partisan bill. vidual private citizens, and through highlighted the fact that we have Unfortunately, even though House the press, what is happening in their shrunk this bill down to the levels that Democrats, House Republicans, Senate

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.064 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15833 Democrats, and Senate Republicans this year, but thankfully this appro- dramatic cost overruns for systems that are were agreed on a balanced package priations bill now includes a number of delivering fewer improvements than were that did address our transportation and important authorities and funding that originally promised to our Committee and housing needs, the one person who did the taxpayer. Unfortunately, such instances will keep the FAA functioning and are not a rare occurrence at the FAA. not agree with us was President Bush. keep the airport and airway trust fund As is discussed in our Committee report Because of that, we are blocked from solvent. accompanying the Transportation Appro- sending our Transportation bipartisan This conference agreement extends priations Act for 2008, fully 25 percent of the bill to his desk for a veto. the current aviation excise taxes until FAA’s 37 major procurement projects have Since that time, we have had a cou- the end of February, and it includes encountered schedule delays or substantial ple of very difficult negotiations and, provisions to extend the existing war cost overruns since their initial contracts as a result, we have had to strip almost insurance risk program, as well as were signed. Since 2001, the accumulated schedule delays for these programs now ex- $2.1 billion of funding out of our part of third-party liability protections. the bill. There are real consequences to ceed 296 months and the associated costs to The bill also includes funding that the taxpayers have grown by almost $1.7 bil- those additional cuts on which the rejects the President’s proposed cuts to lion. When you compare the performance of President insisted. Transit riders essential air service which guarantees these programs to the FAA’s estimates at across the country are going to ride in air service to a lot of our rural commu- each program’s inception, accumulated outdated buses because there is not nities, something about which many of delays now approach 400 months and cost enough money to replace them. Con- us care. And it rejects the President’s growth exceeds $5 billion. Innumerable au- struction of new light rail systems in proposed cuts to our effort to mod- dits by the DOT Inspector General and Gov- some of our most congested cities is ernment Accountability Office make clear ernize the air traffic control system that, while improvements are being made in going to be slow. Discretionary high- and invest in airport infrastructure. way programs have been stripped of the the FAA’s procurement processes, the agen- Congress has not been able to finish cy still has a very long way to go before the dollars that would have been available the FAA reauthorization process in Congress and the taxpayer can be assured for national competitions. part because of the disagreements that funding for a next generation system Because of the President’s demands, among the Senate committees about will be spent wisely. we were required to cut matching funds what their role is in overseeing and Our Committee is committed to providing that we were sending to the States to funding FAA programs. There are also that funding but is equally committed to support expanded passenger rail serv- overseeing the agency’s efforts to ensure disagreements about what type and that such funding isn’t wasted. Given the ice. We reduced the initial commit- mix of taxes and fees are supposed to ment made by our conferees to expand FAA’s record, we do not see any merit in be used to fund the FAA. But I am putting any part of the FAA modernization the number of family unification pleased to report that we have now suc- budget on ‘‘automatic pilot’’ and sub- vouchers. That is a program that pro- cessfully worked through one of those stituting our Committee’s oversight role vides the necessary housing assistance disagreements. Over the last 2 days, with that of an un-elected ‘‘Modernization so foster children and their struggling the two committees have come to an Board’’ that is not answerable to the tax- parents can be reunited in a stable payers that are bearing the agency’s costs. understanding about how funding for We believe that efforts to exempt any part of household. FAA programs will be moving forward. We were required to slow the release the FAA’s funding from annual Appropria- I ask unanimous consent to have of a satellite navigation throughout tions Committee oversight is particularly printed in the RECORD the exchange of unwise and potentially wasteful. We strongly our national aerospace. letters between the leadership of the oppose such efforts and ask that you revise As I said, I have mixed feelings about these provisions before the bill is brought be- this bill. We were dealt a very difficult two committees. There being no objection, the mate- fore the Full Senate for debate. hand by the President’s budget de- We look forward to working with you this rial was ordered to be printed in the mands, and in order to live within year and in the years ahead to launch a mod- those constraints and move forward, RECORD, as follows: ernized air traffic control system in a man- we had to make some difficult cuts, U.S. SENATE, ner that is both accountable and affordable. and those cuts mean we have had to COMMITTEE ON APPROPRIATIONS, Sincerely, Washington, DC, September 20, 2007. put off important investments in tran- ROBERT C. BYRD, Hon. MAX BAUCUS, Chairman. sit, in highways, and in community de- Chairman, Committee on Finance, PATTY MURRAY, velopment, among many other areas. U.S. Senate, Washington DC. Chairman, Sub- Still, I appreciate the work of my Hon. CHARLES GRASSLEY, committee on Trans- colleagues to ensure that this bill re- Ranking Member, Committee on Finance, portation, Housing jects the President’s worst transpor- U.S. Senate, Washington DC. and Urban Develop- tation and housing cuts. Instead, this DEAR CHAIRMAN BAUCUS AND RANKING MEM- ment, and Related bill responds to the most critical needs BER GRASSLEY: We understand that your Agencies. in transportation and housing and Committee will convene this afternoon to THAD COCHRAN, makes sure our broken bridges and mark-up the ‘‘American Infrastructure In- Ranking Member. vestment And Improvement Act.’’ We write CHRISTOPHER S. BOND, highways get repaired, that our crowd- to express our great concern regarding provi- Ranking Member, Sub- ed airports are safe, Amtrak is pro- sions of your draft legislation that would committee on Trans- tected from bankruptcy, and we are create a new mandatory funding mechanism portation, Housing protecting our most vulnerable citizens for the modernization of the FAA’s air traf- and Urban Develop- from homelessness. fic control system. According to documents ment, and Related Finally, I do want to spend a couple distributed by your Committee, your pro- Agencies. minutes on a related subject. In the posal would exempt certain modernization last few days, the Appropriations and funds from the annual appropriations process UNITED STATES SENATE, Finance Committees were able to reach and the oversight of our Appropriations Sub- COMMITTEE ON FINANCE, committee on Transportation, Housing and an agreement on the way FAA funding Washington, DC, December 11, 2007. Urban Development, and Related Agencies. Senator PATTY MURRAY, will be made available in the future. I In our view, such an action would be inap- Russell Senate Office Building, am letting my colleagues know, this propriate and detrimental to the Congress’s Washington, DC. past fiscal year was supposed to be the ability to review and control FAA spending. Senator KIT BOND, year Congress finished important legis- The Committee on Appropriations shares Russell Senate Office Building, lation to reauthorize our Federal avia- your goal for the modernization of our air Washington, DC. tion programs. That included the core traffic control infrastructure with a next- Senator THAD COCHRAN, authorizations for the operations of the generation system. Indeed, this year, as in Dirksen Senate Building, FAA, as well as the agency’s procure- past years, our Committee has directed re- Washington, DC. sources to the development of this next gen- ment budget, research budget, and Fed- Senator ROBERT C. BYRD, eration system beyond the levels sought in Hart Senate Office Building, eral grant program that are used to im- the FAA’s own budget request. At the same Washington, DC. prove and expand our Nation’s airports. time, however, our Committee has gone to DEAR SENATORS BYRD, COCHRAN, MURRAY, I regret Congress was not able to great lengths to highlight and control waste- AND BOND: We are in receipt of your letter make more progress on the legislation ful programs where the FAA has encountered dated September 20th, 2007, in which you cite

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.089 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15834 CONGRESSIONAL RECORD — SENATE December 18, 2007 your collective concern regarding provisions A bill (S. 2499) to amend titles XVIII, XIX, nancially viable under the Medicare in the American Infrastructure Investment and XXI of the Social Security Act to extend hospital prospective payment systems. and Improvement Act that relate to the provisions under the Medicare, Medicaid, and The struggles these facilities face in manner in which tax revenues authorized in SCHIP programs, and for other purposes. Iowa are real and serious. I am very the Act are provided to the Federal Aviation There being no objection, the Senate disappointed we were not able to help Administration for its procurement needs. proceeded to consider the bill. these hospitals in this package. I look We all share the same interest in modern- Mr. GRASSLEY. Mr. President, as we izing our air traffic control system as quick- forward to working with Senator ly and efficiently as possible. approach the end of 2007, one cannot BAUCUS and other Members to include We appreciate your concerns regarding the help but look ahead and see that there ‘‘tweener’’ hospital improvements in role of un-elected entities in developing Fed- are many challenges that await us in next year’s package. eral policy, and we believe strongly that the second session of the 110th Con- Second, we must address the problem Congress should retain its constitutional au- gress, specially in addressing issues re- of specialty hospitals. I have been an thority to raise revenue and appropriate lating to health care. In 2008, we will outspoken advocate against these fa- funding. In your letter, you voice your concern that need to take a serious look at many cilities for several years now. My pri- our bill, as drafted, might result in the FAA issues in the Medicare Program. mary concern with these facilities is receiving annual mandatory funding outside Among them will be continuing to the inherent conflict of interest that of your Committee’s control. You also voice work on developing a solution for exists when physicians have an owner- concern that provisions of our bill could re- Medicare’s flawed physician reimburse- ship interest in the facilities to which sult in an external un-elected board, rather ment system. As usual, I look forward they refer patients. The best interest of than Congress, having the authority to make to working with my partner on the the patient should always be the decid- Federal funding allocations to specific FAA Senate Finance Committee, chairman, ing factor when a referral for treat- procurements. ment is made, not the financial self-in- In order to eliminate any ambiguity re- Senator MAX BAUCUS, in our usual bi- garding these matters, it will be our inten- partisan way to address this and many terest of the doctor who is treating the tion to immediately modify the text of our other issues. patient. I strongly support a competi- bill when it either reaches the Senate Floor However, before we could adjourn tive marketplace and free market or is incorporated into any other vehicle so this first session and go home to enjoy forces, but not at the expense of de- as to ensure that these concerns are ad- the holidays with our families, there creasing access to health care for the dressed. Specifically, the bill will be modi- was still urgent work to finish. That poor and uninsured or decreasing the fied to ensure that no new mandatory fund- was the purpose of this exercise. In the quality of care for and safety of pa- ing will be provided to the FAA and that the legislation we considered today, there tients. I have been and remain con- Committee on Appropriations will continue cerned about the ability of community to retain its current role of determining the were several provisions that rise to the final funding level for all programs, projects, level of ‘‘must do’s.’’ These included hospitals to provide care to all pa- and activities within the Federal Aviation ensuring that physicians do not receive tients. I also look forward to working Administration through annual and supple- a drastic cut in their Medicare reim- with Senator BAUCUS on addressing mental appropriations acts. bursement and extending a number of this issue in our package next year. Our national aviation enterprise faces a expiring provisions including the State There are a number of other impor- great many challenges in the years ahead as Children’s Health Insurance Program. tant issues that need to be addressed as air traffic continues to grow faster than well. We need to take on the reforms of available capacity. Our Committee is com- Ensuring health care access to my constituents is a top priority of mine the Medicare Quality Improvement Or- mitted to working as a partner with your ganization Program, we need to inject Committee to ensure that we establish and and the possibility of a negative update maintain the safe and efficient state-of-the- for physicians was of great concern to some sunshine into the payments that art air traffic control system that the Amer- me as well as to doctors and patients in drug companies make to doctors, and ican taxpayers want and deserve. Iowa and elsewhere. When discussions we also need to make sure that Medi- AX AUCUS care is part of the solution when it M B . began to solve this problem I was in CHUCK GRASSLEY. comes to greater use of electronic pre- favor of a 2-year update. I know that scribing and electronic health records. Mrs. MURRAY. Mr. President, the several of my colleagues were as well. final paragraph of the letter our Appro- In the meantime, we have this pack- But in continuing negotiations with age with the following provisions that priations Committee received from the House and Senate colleagues it be- Chairman BAUCUS and Ranking Mem- extend a number of Medicare, Medicaid came apparent that a 2-year fix was and SCHIP provisions. ber GRASSLEY of the Finance Com- not possible. mittee states that they look forward to This legislation prevents the 10.1 per- I wanted to do more. I know Senator cent cut to physician payment that working with our Appropriations Com- BAUCUS wanted to do more. We were mittee as partners in advancing the would have occurred as of January 1, unable to reach consensus even on the 2008, and instead gives a 6-month 0.5 needs of our aviation system. Republican side either and, therefore, As one member of the subcommittee percent update for physicians through the Finance Committee was unable to that oversees aviation funding, I ex- June 30, 2008. In effect, this provides a move ahead with the legislation that press my strong interest in working as 10.5 percent increase in physician fees Senator BAUCUS and I had been devel- a partner with both committees to from what they would otherwise have oping. Unfortunately, for a variety of come up with a bill that fully addresses received beginning in January under complex reasons, we are now here with the future needs of our national avia- current law. While this is not what a much more limited package. This is a tion system. I hope that important ef- many of us had in mind when we began disappointment for many of us. So the fort will be one of the Senate’s first this process, providing an update purpose of moving forward with a 6- priorities when we reconvene next through next June will allow more month package now is to provide the year. time and the opportunity for a bill to opportunity for the Finance Com- I yield the floor. fully go through the legislative process The PRESIDING OFFICER. The Sen- mittee to address these priorities next beginning with a committee markup ator from Illinois. year. next year. One of my first priorities has been to This legislation also continues to f ensure access to rural hospital serv- provide additional payment incentives MEDICARE, MEDICAID, AND SCHIP ices. Since hospitals are often not only for physicians and other health care EXTENSION ACT OF 2007 the sole provider of health care in rural practitioners who report quality meas- Mr. DURBIN. Mr. President, I ask areas, but also significant employers ures in the Physician Quality Report- unanimous consent that the Senate and purchasers in the community, it is ing System. We must ensure that proceed to immediate consideration S. especially important that they are able health care providers can afford to con- 2499, introduced earlier today. to keep their doors open. One group of tinue to practice medicine. We must The PRESIDING OFFICER. The hospitals that I am especially con- also ensure that beneficiaries have ac- clerk will report the bill by title. cerned about are ‘‘tweener’’ hospitals, cess to physicians and other health The assistant legislative clerk read which are too large to be critical ac- care providers. And we must provide as follows: cess hospitals, but too small to be fi- incentives for quality improvement.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15835 We also accommodate physicians or- ceptions process that was included in care Prescription Drug, Improvement, dered to active duty in the Armed the Tax Relief and Health Care Act last and Modernization Act of 2003, hos- Services by extending for 6-months a year to ensure that beneficiaries re- pitals have been able to obtain relief provision that permits them to engage ceive the physical, occupational, and from this unfair situation temporarily. in substitute billing arrangements for speech language therapy services they The legislation also provides more longer than the 60 days allowed under need. It also extends the existing pay- accurate payment for Part B drugs. It current law when they are ordered to ment methodology for brachytherapy implements recommendations of HHS active duty. services and extends it to therapeutic Office of Inspector General and re- Our legislation also revises the Phy- radiopharmaceuticals through June 30, quires CMS to adjust its average sales sician Assistance and Quality Initia- 2008. price, ASP, calculation to use volume- tive Fund, which is intended to help As in previous legislation that Con- weighted ASPs based on actual sales stabilize physician payments and progress has passed, this legislation will volume. It also establishes appropriate mote physician quality initiatives. continue to improve accountability in reimbursement rates for generic This new fund will be available in the Medicare Program. There are situa- albuterol and for glycated hemoglobin 2008 to help minimize fluctuations in tions when Medicare is not the primary diabetes laboratory tests. physician payments and promote phy- payer for a beneficiary’s health care, In the Medicaid arena, the legislation sician quality initiatives. but it is currently difficult to identify extends the provision of dispropor- The physician payment changes will these situations. This legislation will tionate share hospital payments to be offset, in part, by an adjustment to improve the Secretary’s ability to Tennessee and Hawaii for the first the Medicare Advantage stabilization identify beneficiaries for whom Medi- three-quarters of the current fiscal fund. Our legislation does not repeal care is the secondary payer by requir- year. These payments were authorized the stabilization fund but rather pre- ing group health plans and liability infor these States for the first time in serves the fund for future years. We use surers to submit data to the Secretary. last year’s Tax Relief and Health Care the $1.5 billion available in 2012, while The legislation will ensure bene- Act and this is an extension of that preserving the fund in 2013. Given the ficiary access to long-term care hos- policy. continued strong participation by pitals. These facilities will receive reg- The legislation also delays imple- plans in the program right now, the ulatory relief for 3-years. In order to mentation of recently released regula- legislation preserves the fund so that ensure patients are receiving appro- tions on school-based services and re- Congress can add more funds in future priate levels of care at long-term care habilitation services in Medicaid so years if they are needed. hospitals, facility and medical review that the Finance Committee can appro- The legislation extends Medicare pri- requirements will be established, and priately review those regulations. vate plan cost contracts through 2009, the Secretary will be required to con- And finally, the legislation also in- which, without this legislation, are due duct a study on long-term care hospital cludes an extension of the State Chil- to expire at the end of 2008. These are facility and patient criteria. Also, dren’s Health Insurance Program, longstanding plans that provide health there will be a limited moratorium on SCHIP, through March 31, 2009. This care to Medicare beneficiaries in many the development of new long-term care provision makes additional funding communities but have been unable to facilities and a freeze to the annual available so that States do not have to convert to Medicare Advantage plans. long-term care hospital payment up- scale back SCHIP. This SCHIP exten- In addition, the legislation includes a date for one quarter in rate year 2008. sion will ensure that no State has to 1-year extension to Medicare Advan- The legislation will also ensure bene- cut back their program due to insuffi- tage special needs plans through 2009. ficiary access to inpatient rehabilita- cient Federal funding. At the same time, the legislation puts tion facility services by addressing the I remain hopeful that when the 110th a moratorium on new special needs 75-percent rule. This rule has been Congress reconvenes next year, there plans. When Congress enacted the criticized as too blunt an instrument will be a renewed effort to reauthorize Medicare Modernization Act in 2003, it for ensuring that appropriate patients and improve SCHIP. created a category of plans intended to receive care at these facilities. Under The bill we considered today ad- provide specialized care models for cer- current law, a percentage of Medicare dressed the things Congress needed to tain populations, including Medicare patients must have at least 1 of 13 list- do before going home for the holidays. beneficiaries who are also eligible for ed medical conditions in order to be I am pleased we were able to act quick- Medicaid, those who are chronically classified as an inpatient rehabilita- ly and unanimously to pass the bill. I and severely ill or disabled, and those tion facility. This percentage or com- know many of my colleagues wanted to who are institutionalized (for example, pliance threshold is currently at 65 per- do more. I know some of my colleagues in nursing homes). While these plans cent. This legislation would perma- are disappointed because their indi- have proliferated, it is unclear how nently freeze the compliance threshold vidual priorities could not be included. well they are meeting their mission of at 60 percent and allow comorbid condi- It is unfortunate. I do hope we can do specialized care. The legislation freezes tions to count permanently toward this more when we come back next year. the program at the plans currently ap- threshold. The Secretary will be re- Next year is an election year. The proved so that Congress and CMS can quired to study beneficiary access to caucuses in my home state of Iowa are monitor the plans’ performance and de- inpatient rehabilitation services and but days away. We have important termine if any changes are needed. care at inpatient rehabilitation facili- business to conclude in Medicare and In addition to reforming the manner ties and to make recommendations for Medicaid and SCHIP. We have a Demo- in which Medicare pays for physician alternatives to the 75-percent rule. In cratic Congress that has to work with services, this legislation will extend addition, there will be a freeze to the a slim majority in the Senate and a Re- several expiring provisions enacted in annual inpatient rehabilitation facility publican President. At times this year, the Medicare Modernization Act to payment update from April 1, 2008 I am not sure my colleagues on the help ensure that beneficiaries will con- through fiscal year 2009. other side of the aisle fully grasped the tinue to have access to needed medical This legislation will also continue to consequences of that reality. It cer- services. This includes provisions ap- promote more accurate hospital pay- tainly shows when you consider what plicable to rural payments to physi- ments. One aspect of Medicare hospital we could have done this year and what cians, extending the 1.0 floor on the payments that has been subject to was ultimately accomplished. I sin- work geographic adjustment, con- much criticism is the area wage index. cerely hope we do a better job of being tinuing direct payments to inde- Many say that the current method of bipartisan albeit in a political year. pendent laboratories for physician pa- calculating the wage index does not re- Let me be clear that I stand ready to thology services, and continuing Medi- flect a hospital’s actual labor costs and roll up my sleeves and get back to care reasonable cost payments for lab is instead arbitrary in nature so that work come January. I am committed tests in small rural hospitals. similarly situated hospitals can receive to moving ahead with the broader Our legislation also provides a 6- significantly different wage index val- Medicare package when we return here month extension of the therapy cap ex- ues. Since the enactment of the Medi- next year. To make law, that package

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.018 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15836 CONGRESSIONAL RECORD — SENATE December 18, 2007 will have to be one that the President and all the folks at CRS. Mark Miller this threshold. Finally, it requires the will sign. It will require bipartisan co- and all of his staff at MedPAC. They Secretary of HHS to study beneficiary operation and hard work. I am ready to make us look a lot more intelligent access to inpatient rehabilitation serv- get the job done. There are many prob- and effective than we actually are ices and care at IRFs and make rec- lems that need to be addressed, and we some days. ommendations on how to classify inpa- can address the myriad issues that we Finally, I want to thank some folks tient rehabilitation facility hospitals left on the table. We can review and act at CMS. Liz Hall, Erin Clapton, Ira and units. on the proposed Medicaid regulations Burney, Richard Strauss are people Additionally, the legislation before that have so many people vexed. We who help make sure we get things right the Senate extends the State Chil- can pass a SCHIP reauthorization that even when we aren’t in complete agree- dren’s Health Insurance Program, can become law. We have learned the ment. CHIP, through March 31, 2009. Let me pathway to failure this year. I stand In closing, I want to thank all those make one point perfectly clear on this ready to join any of my colleagues who folks for their hard work in 2007 in provision I—am not going to give up on want to join me on the path not taken service to the people of Iowa, Montana, reauthorizing the CHIP program for an in 2007 to a more productive 2008. and all of America. Thank you. additional 5 years. I am still com- As we move to the end of the first Mr. HATCH. Mr. President, I rise in mitted to that goal and intend to work session of the 110th Congress, I want to support of this package and want to with my colleagues early next year. I extend my grateful appreciation to my commend my colleagues on a job well will not rest until this program is reau- health staff and others for the work done. thorized and all eligible, low-income they have done in 2007. My staff direc- To be fair, it would have been my children are covered by the CHIP pro- tor on the Finance Committee, Kolan preference to do a broader bill and re- gram. Davis, has been with me for many, solve the myriad of Medicare-, On balance, while this bill is not many years and provides me invaluable Medicaid- and CHIP-related issues we what any of us would have liked, it counsel. My chief health policy coun- have been discussing for many months does address many of the immediate sel, Mark Hayes, accomplishes more now. Given that this has proven impos- concerns of Medicare patients, their every day than any other hundred peo- sible, my overriding concern is that we physician and other health care pro- ple on the Hill combined and for his move ahead with flawed correction to viders. I strongly support this bipar- tireless work ethic, I am truly thank- the physician reimbursement formula, tisan legislation and urge my col- ful. My Medicare Part A counsel, Mike as this bill does. leagues to support this bill. Park, labored through the last several Indeed, while most of us would have Mr. AKAKA. Mr. President, I support weeks though he was sick as a dog be- preferred to have a longer term physi- the Medicare, Medicaid, SCHIP Exten- cause it is that important. My Medi- cian fix, this bill is a reasonable com- sion Act of 2007. I appreciate the hard care Part B counsel, Sue Walden, ably promise. Physicians will be able to work and leadership of Senators BAU- deciphered the multiple variations we practice medicine without having their CUS and GRASSLEY in putting together considered for providing an update to Medicare reimbursement rates signifi- this important legislation that will im- the physicians. The newest member of cantly reduced. And that means that prove Medicare reimbursements, ex- my team, Kristin Bass, who handles Medicare beneficiaries will continue to tend the State Children’s Health Insur- Medicare Parts C and D, helped us have access to quality health care. ance Program, and extend other impor- reach thoughtful compromises on nu- I also am pleased about other provi- tant Medicare and Medicaid policies. merous challenging issues. My Med- sions in this legislation, particularly icaid staffer, Rodney Whitlock, deftly those related to policy on long-term In addition, this legislation includes handles the most controversial of care hospitals and inpatient rehabilita- a provision that extends Medicaid dis- issues day in and day out. I particu- tion facilities, IRFs. With regard to proportionate share hospital, DSH, al- larly want to pay tribute to my SCHIP long-term care hospitals, Senator lotments for Hawaii and Tennessee for staffer, Becky Shipp. We may have not CONRAD and I introduced legislation, S. another 6 months. Medicaid DSH re- accomplished what we hoped to do with 1958, Medicare Long-Term Care Hos- sources help support hospitals that SCHIP this year, but we wouldn’t have pital Patient Safety and Improvement care for significant numbers of Med- been remotely close without Becky’s Act of 2007. I am proud that the long- icaid and uninsured patients. expertise and effort. My team benefits term care hospital provisions in to- Hawaii and Tennessee are the only from the able assistance of Sean day’s Medicare legislation are based on two States that do not have permanent McGuire and Shaun Freiman going the legislative language from the DSH allotments. The Balanced Budget above and beyond the call of duty to Conrad-Hatch bill. The legislation be- Act of 1997 created specific DSH allot- make sure the little things get done. I fore us provides regulatory relief to ments for each State based on their ac- also want to thank Senator MCCON- allow continued access to current long- tual DSH expenditures for fiscal year NELL’s point person on health care, term care hospital services; requires 1995. In 1994, Hawaii implemented the Meg Hauck, for working with us new facility and medical reviews to en- QUEST demonstration program that throughout the year. The Finance sure that patients are receiving appro- was designed to reduce the number of Committee benefits from that strong priate care; and authorizes a study by uninsured and improve access to health working relationship. the Secretary of Health and Human care. The prior Medicaid DSH program We work as hard as we possibly can Services, HHS, on long-term care hos- was incorporated into QUEST. As a re- to achieve bipartisan consensus in the pitals and patient criteria. This legis- sult of the demonstration program, Ha- Finance Committee and so I also want lative language reflects compromises waii did not have DSH expenditures in to pay tribute to Senator BAUCUS’ that were made between the various 1995 and was not provided a DSH allot- staff: staff director Russ Sullivan, trade groups for long-term care hos- ment. Michelle Easton, Neleen Eisinger, Billy pitals and finding policy solutions The Medicare, Medicaid, and SCHIP Wynne, Shawn Bishop, David Schwartz, which generate savings for Medicare. Benefits Improvement and Protection and Catherine Dratz. As a proud cosponsor of S. 543, Pre- Act of 2000 made further changes to the We benefit greatly from the Congres- serving Patient Access to Inpatient Re- DSH program, which included the es- sional support staff as well. Tom Brad- habilitation Hospitals Act of 2007, I am tablishment of a floor for DSH allot- ley, Tim Gronniger, Shinobu Suzuki, also pleased that the Medicare bill ments. However, States without allot- Jeanne De Sa, Eric Rollins and all of eliminates the 75 percent rule implements were again left out. the hard-working scoring gurus at mented by the Centers for Medicare The Medicare Prescription Drug, Im- CBO. Jim Fransen, John Goetcheus, and Medicaid Services, CMS, for reha- provement, and Modernization Act of Kelly Malone, and Ruth Ernst at Sen- bilitation hospitals. Instead, this legis- 2003 made additional changes in the ate Legislative Counsel. Jennifer lation permanently freezes the inpa- DSH program. This included an in- O’Sullivan, Rich Rimkunas, Chris Pe- tient rehabilitation services compli- crease in DSH allotments for low DSH terson, April Grady, Elicia Herz, Sybil ance threshold at 60 percent and allows States. Again, States without allot- Tyson, Mark Hamelburg, Erin Taylor comorbid conditions to count toward ments were left out.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.020 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15837 In the Tax Relief and Health Care Sec. 107. Extension of Medicare reasonable ‘‘(A) AMOUNT AVAILABLE.— Act of 2006, DSH allotments were fi- costs payments for certain clin- ‘‘(i) IN GENERAL.—Subject to clause (ii), nally provided for Hawaii and Ten- ical diagnostic laboratory tests there shall be available to the Fund the fol- nessee for 2007. The act included a $10 furnished to hospital patients lowing amounts: in certain rural areas. ‘‘(I) For expenditures during 2008, an million Medicaid DSH allotment for Sec. 108. Extension of authority of special- amount equal to $150,500,000. Hawaii for 2007. The Medicare, Med- ized Medicare Advantage plans ‘‘(II) For expenditures during 2009, an icaid, and SCHIP Extension Act of 2007 for special needs individuals to amount equal to $24,500,000. will extend the DSH allotments for Ha- restrict enrollment. ‘‘(III) For expenditures during 2013, an waii and Tennessee for an additional 6 Sec. 109. Extension of deadline for applica- amount equal to $4,960,000,000. months. tion of limitation on extension ‘‘(ii) LIMITATIONS ON EXPENDITURES.— ‘‘(I) 2008.—The amount available for ex- This extension authorizes the sub- or renewal of Medicare reasonable cost contract plans. penditures during 2008 shall be reduced as mission by the State of Hawaii of a Sec. 110. Adjustment to the Medicare Advan- provided by subparagraph (A) of section State plan amendment covering a DSH tage stabilization fund. 225(c)(1) and section 524 of the Departments payment methodology to hospitals Sec. 111. Medicare secondary payor. of Labor, Health and Human Services, and which is consistent with the require- Sec. 112. Payment for part B drugs. Education, and Related Agencies Appropria- ments of existing law relating to DSH Sec. 113. Payment rate for certain diag- tions Act, 2008 (division G of the Consoli- payments. The purpose of providing a nostic laboratory tests. dated Appropriations Act, 2008). Sec. 114. Long-term care hospitals. ‘‘(II) 2009.—The amount available for ex- DSH allotment for Hawaii is to provide penditures during 2009 shall be reduced as additional funding to the State of Ha- Sec. 115. Payment for inpatient rehabilitation facility (IRF) services. provided by subparagraph (B) of such section waii to permit a greater contribution Sec. 116. Extension of accommodation of 225(c)(1). toward the uncompensated costs of physicians ordered to active ‘‘(III) 2013.—The amount available for ex- hospitals that are providing indigent duty in the Armed Services. penditures during 2013 shall only be available care. It is not meant to alter existing Sec. 117. Treatment of certain hospitals. for an adjustment to the update of the con- arrangements between the State of Ha- Sec. 118. Additional Funding for State version factor under subsection (d) for that waii and the Centers for Medicare and Health Insurance Assistance year.’’; and (ii) in subparagraph (B), by striking ‘‘en- Medicaid Services, CMS, or to reduce Programs, Area Agencies on Aging, and Aging and Disability tire amount specified in the first sentence of in any way the level of Federal funding Resource Centers. subparagraph (A)’’ and all that follows and for Hawaii’s QUEST program. inserting the following: ‘‘entire amount TITLE II—MEDICAID AND SCHIP I look forward to continuing to work available for expenditures, after application Sec. 201. Extending SCHIP funding through with Senators ALEXANDER, CORKER, and of subparagraph (A)(ii), during— March 31, 2009. INOUYE to permanently restore allot- ‘‘(i) 2008 for payment with respect to physi- Sec. 202. Extension of transitional medical cians’ services furnished during 2008; ments for Hawaii and Tennessee. I assistance (TMA) and absti- ‘‘(ii) 2009 for payment with respect to phy- thank the chairman and ranking mem- nence education program. sicians’ services furnished during 2009; and ber of the Finance Committee for all of Sec. 203. Extension of qualifying individual ‘‘(iii) 2013 for payment with respect to phy- their efforts on this legislation and for (QI) program. sicians’ services furnished during 2013.’’. their support on this issue of great im- Sec. 204. Medicaid DSH extension. (B) EFFECTIVE DATE.— portance. Sec. 205. Improving data collection. (i) IN GENERAL.—Subject to clause (ii), the Mr. DURBIN. Mr. President, I ask Sec. 206. Moratorium on certain payment re- amendments made by subparagraph (A) shall strictions. take effect on the date of the enactment of unanimous consent that the bill be TITLE III—MISCELLANEOUS this Act. read a third time and passed, the mo- (ii) SPECIAL RULE FOR COORDINATION WITH Sec. 301. Medicare Payment Advisory Com- tion to reconsider be laid upon the CONSOLIDATED APPROPRIATIONS ACT, 2008.—If mission status. table, and that any statements relating the date of the enactment of the Consoli- Sec. 302. Special Diabetes Programs for dated Appropriations Act, 2008, occurs on or to the bill be printed in the RECORD. Type I Diabetes and Indians. The PRESIDING OFFICER. Without after the date described in clause (i), the TITLE I—MEDICARE objection, it is so ordered. amendments made by subparagraph (A) shall SEC. 101. INCREASE IN PHYSICIAN PAYMENT UP- be deemed to be made on the day after the The bill (S. 2499) was ordered to be DATE; EXTENSION OF THE PHYSI- effective date of sections 225(c)(1) and 524 of engrossed for a third reading, was read CIAN QUALITY REPORTING SYSTEM. the Departments of Labor, Health and the third time, and passed, as follows: (a) INCREASE IN PHYSICIAN PAYMENT UP- Human Services, and Education, and Related S. 2499 DATE.— Agencies Appropriations Act, 2008 (division G (1) IN GENERAL.—Section 1848(d) of the So- of the Consolidated Appropriations Act, Be it enacted by the Senate and House of Rep- cial Security Act (42 U.S.C. 1395w–4(d)) is 2008). resentatives of the United States of America in amended— (C) TRANSFER OF FUNDS TO PART B TRUST Congress assembled, (A) in paragraph (4)(B), by striking ‘‘and FUND.—Amounts that would have been avail- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. paragraphs (5) and (6)’’ and inserting ‘‘and able to the Physician Assistance and Quality (a) IN GENERAL.—This Act may be cited as the succeeding paragraphs of this sub- Initiative Fund under section 1848(l)(2) of the the ‘‘Medicare, Medicaid, and SCHIP Exten- section’’; and Social Security Act (42 U.S.C. 1395w–4(l)(2)) sion Act of 2007’’. (B) by adding at the end the following new for payment with respect to physicians’ serv- (b) TABLE OF CONTENTS.—The table of con- paragraph: ices furnished prior to January 1, 2013, but tents of this Act is as follows: ‘‘(8) UPDATE FOR A PORTION OF 2008.— for the amendments made by subparagraph Sec. 1. Short title; table of contents. ‘‘(A) IN GENERAL.—Subject to paragraph (A), shall be deposited into, and made avail- (7)(B), in lieu of the update to the single con- TITLE I—MEDICARE able for expenditures from, the Federal Sup- version factor established in paragraph (1)(C) plementary Medical Insurance Trust Fund Sec. 101. Increase in physician payment up- that would otherwise apply for 2008, for the under section 1841 of such Act (42 U.S.C. date; extension of the physician period beginning on January 1, 2008, and end- 1395t). quality reporting system. ing on June 30, 2008, the update to the single (b) EXTENSION OF THE PHYSICIAN QUALITY Sec. 102. Extension of Medicare incentive conversion factor shall be 0.5 percent. REPORTING SYSTEM.— payment program for physician ‘‘(B) NO EFFECT ON COMPUTATION OF CON- (1) SYSTEM.—Section 1848(k)(2)(B) of the scarcity areas. VERSION FACTOR FOR THE REMAINING PORTION Social Security Act (42 U.S.C. 1395w– Sec. 103. Extension of floor on work geo- OF 2008 AND 2009.—The conversion factor under 4(k)(2)(B)) is amended— graphic adjustment under the this subsection shall be computed under (A) in the heading, by inserting ‘‘AND 2009’’ Medicare physician fee sched- paragraph (1)(A) for the period beginning on after ‘‘2008’’; ule. July 1, 2008, and ending on December 31, 2008, (B) in clause (i), by inserting ‘‘and 2009’’ Sec. 104. Extension of treatment of certain and for 2009 and subsequent years as if sub- after ‘‘2008’’; and physician pathology services paragraph (A) had never applied.’’. (C) in each of clauses (ii) and (iii)— under Medicare. (2) REVISION OF THE PHYSICIAN ASSISTANCE (i) by striking ‘‘, 2007’’ and inserting ‘‘of Sec. 105. Extension of exceptions process for AND QUALITY INITIATIVE FUND.— each of 2007 and 2008’’; and Medicare therapy caps. (A) REVISION.—Section 1848(l)(2) of the So- (ii) by inserting ‘‘or 2009, as applicable’’ Sec. 106. Extension of payment rule for cial Security Act (42 U.S.C. 1395w–4(l)(2)) is after ‘‘2008’’. brachytherapy; extension to amended— (2) REPORTING.—Section 101(c) of division B therapeutic radiopharma- (i) by striking subparagraph (A) and insert- of the Tax Relief and Health Care Act of 2006 ceuticals. ing the following: (42 U.S.C. 1395w–4 note) is amended—

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(A) in the heading, by inserting ‘‘AND 2008’’ SEC. 106. EXTENSION OF PAYMENT RULE FOR SEC. 109. EXTENSION OF DEADLINE FOR APPLI- after ‘‘2007’’; BRACHYTHERAPY; EXTENSION TO CATION OF LIMITATION ON EXTEN- (B) in paragraph (5), by adding at the end THERAPEUTIC RADIOPHARMA- SION OR RENEWAL OF MEDICARE the following: CEUTICALS. REASONABLE COST CONTRACT PLANS. ‘‘(F) EXTENSION.—For 2008 and 2009, para- (a) EXTENSION OF PAYMENT RULE FOR Section 1876(h)(5)(C)(ii) of the Social Secu- graph (3) shall not apply, and the Secretary BRACHYTHERAPY.—Section 1833(t)(16)(C) of rity Act (42 U.S.C. 1395mm(h)(5)(C)(ii)), in shall establish alternative criteria for satis- the Social Security Act (42 U.S.C. the matter preceding subclause (I), is amend- factorily reporting under paragraph (2) and 1395l(t)(16)(C)), as amended by section 107(a) ed by striking ‘‘January 1, 2008’’ and insert- alternative reporting periods under para- of division B of the Tax Relief and Health ing ‘‘January 1, 2009’’. graph (6)(C) for reporting groups of measures Care Act of 2006, is amended by striking under paragraph (2)(B) of section 1848(k) of ‘‘January 1, 2008’’ and inserting ‘‘July 1, SEC. 110. ADJUSTMENT TO THE MEDICARE AD- VANTAGE STABILIZATION FUND. the Social Security Act (42 U.S.C. 1395w–4(k)) 2008’’. and for reporting using the method specified Section 1858(e)(2)(A)(i) of the Social Secu- in paragraph (4) of such section.’’; and (b) PAYMENT FOR THERAPEUTIC RADIO- rity Act (42 U.S.C. 1395w–27a(e)(2)(A)(i)), as (C) in paragraph (6), by striking subpara- PHARMACEUTICALS.—Section 1833(t)(16)(C) of amended by section 3 of Public Law 110–48, is graph (C) and inserting the following new the Social Security Act (42 U.S.C. amended by striking ‘‘the Fund’’ and all that subparagraph: 1395l(t)(16)(C)), as amended by subsection (a), follows and inserting ‘‘the Fund during 2013, ‘‘(C) REPORTING PERIOD.—The term ‘report- is amended— $1,790,000,000.’’ AND ing period’ means— (1) in the heading, by inserting ‘‘ SEC. 111. MEDICARE SECONDARY PAYOR. THERAPEUTIC RADIOPHARMACEUTICALS’’ before ‘‘(i) for 2007, the period beginning on July (a) IN GENERAL.—Section 1862(b) of the So- ‘‘AT CHARGES’’; 1, 2007, and ending on December 31, 2007; and cial Security Act (42 U.S.C. 1395y(b)) is (2) in the first sentence— ‘‘(ii) for 2008, all of 2008.’’. amended by adding at the end the following (A) by inserting ‘‘and for therapeutic (c) IMPLEMENTATION.—For purposes of car- new paragraphs: radiopharmaceuticals furnished on or after rying out the provisions of, and amendments ‘‘(7) REQUIRED SUBMISSION OF INFORMATION January 1, 2008, and before July 1, 2008,’’ made by subsections (a) and (b), in addition BY GROUP HEALTH PLANS.— after ‘‘July 1, 2008,’’; to any amounts otherwise provided in this ‘‘(A) REQUIREMENT.—On and after the first (B) by inserting ‘‘or therapeutic radio- title, there are appropriated to the Centers day of the first calendar quarter beginning pharmaceutical’’ after ‘‘the device’’; and for Medicare & Medicaid Services Program after the date that is 1 year after the date of (C) by inserting ‘‘or therapeutic radio- Management Account, out of any money in the enactment of this paragraph, an entity pharmaceutical’’ after ‘‘each device’’; and the Treasury not otherwise appropriated, serving as an insurer or third party adminis- (3) in the second sentence, by inserting ‘‘or $25,000,000 for the period of fiscal years 2008 trator for a group health plan, as defined in therapeutic radiopharmaceuticals’’ after and 2009. paragraph (1)(A)(v), and, in the case of a ‘‘such devices’’. SEC. 102. EXTENSION OF MEDICARE INCENTIVE group health plan that is self-insured and PAYMENT PROGRAM FOR PHYSICIAN SEC. 107. EXTENSION OF MEDICARE REASON- self-administered, a plan administrator or fi- SCARCITY AREAS. ABLE COSTS PAYMENTS FOR CER- duciary, shall— Section 1833(u) of the Social Security Act TAIN CLINICAL DIAGNOSTIC LAB- ‘‘(i) secure from the plan sponsor and plan ORATORY TESTS FURNISHED TO participants such information as the Sec- (42 U.S.C. 1395l(u)) is amended— HOSPITAL PATIENTS IN CERTAIN (1) in paragraph (1), by striking ‘‘before RURAL AREAS. retary shall specify for the purpose of identi- January 1, 2008’’ and inserting ‘‘before July fying situations where the group health plan 1, 2008’’; and Section 416(b) of the Medicare Prescription is or has been a primary plan to the program (2) in paragraph (4)— Drug, Improvement, and Modernization Act under this title; and (A) by redesignating subparagraph (D) as of 2003 (42 U.S.C. 1395l–4), as amended by sec- ‘‘(ii) submit such information to the Sec- subparagraph (E); and tion 105 of division B of the Tax Relief and retary in a form and manner (including fre- (B) by inserting after subparagraph (C) the Health Care Act of 2006 (42 U.S.C. 1395l note), quency) specified by the Secretary. following new subparagraph: is amended by striking ‘‘the 3-year period be- ‘‘(B) ENFORCEMENT.— ‘‘(D) SPECIAL RULE.—With respect to physi- ginning on July 1, 2004’’ and inserting ‘‘the ‘‘(i) IN GENERAL.—An entity, a plan admin- cians’ services furnished on or after January period beginning on July 1, 2004, and ending istrator, or a fiduciary described in subpara- 1, 2008, and before July 1, 2008, for purposes of on June 30, 2008’’. graph (A) that fails to comply with the re- this subsection, the Secretary shall use the quirements under such subparagraph shall be SEC. 108. EXTENSION OF AUTHORITY OF SPE- subject to a civil money penalty of $1,000 for primary care scarcity counties and the spe- CIALIZED MEDICARE ADVANTAGE cialty care scarcity counties (as identified PLANS FOR SPECIAL NEEDS INDI- each day of noncompliance for each indi- under the preceding provisions of this para- VIDUALS TO RESTRICT ENROLL- vidual for which the information under such graph) that the Secretary was using under MENT. subparagraph should have been submitted. this subsection with respect to physicians’ The provisions of subsections (e) and (k) of (a) EXTENSION OF AUTHORITY TO RESTRICT services furnished on December 31, 2007.’’. section 1128A shall apply to a civil money ENROLLMENT.—Section 1859(f) of the Social penalty under the previous sentence in the SEC. 103. EXTENSION OF FLOOR ON WORK GEO- Security Act (42 U.S.C. 1395w–28(f)) is amend- same manner as such provisions apply to a GRAPHIC ADJUSTMENT UNDER THE ed by striking ‘‘2009’’ and inserting ‘‘2010’’. MEDICARE PHYSICIAN FEE SCHED- penalty or proceeding under section 1128A(a). ULE. (b) MORATORIUM.— A civil money penalty under this clause shall Section 1848(e)(1)(E) of the Social Security (1) AUTHORITY TO DESIGNATE OTHER PLANS be in addition to any other penalties pre- Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended AS SPECIALIZED MA PLANS.—During the period scribed by law and in addition to any Medi- by section 102 of division B of the Tax Relief beginning on January 1, 2008, and ending on care secondary payer claim under this title and Health Care Act of 2006, is amended by December 31, 2009, the Secretary of Health with respect to an individual. striking ‘‘before January 1, 2008’’ and insert- and Human Services shall not exercise the ‘‘(ii) DEPOSIT OF AMOUNTS COLLECTED.—Any ing ‘‘before July 1, 2008’’. authority provided under section 231(d) of amounts collected pursuant to clause (i) the Medicare Prescription Drug, Improve- shall be deposited in the Federal Hospital In- SEC. 104. EXTENSION OF TREATMENT OF CER- ment, and Modernization Act of 2003 (42 surance Trust Fund under section 1817. TAIN PHYSICIAN PATHOLOGY SERV- ICES UNDER MEDICARE. U.S.C. 1395w–21 note) to designate other ‘‘(C) SHARING OF INFORMATION.—Notwith- plans as specialized MA plans for special standing any other provision of law, under Section 542(c) of the Medicare, Medicaid, needs individuals under part C of title XVIII terms and conditions established by the Sec- and SCHIP Benefits Improvement and Pro- of the Social Security Act. The preceding retary, the Secretary— tection Act of 2000 (as enacted into law by sentence shall not apply to plans designated ‘‘(i) shall share information on entitlement section 1(a)(6) of Public Law 106–554), as as specialized MA plans for special needs in- under Part A and enrollment under Part B amended by section 732 of the Medicare Pre- dividuals under such authority prior to Jan- under this title with entities, plan adminis- scription Drug, Improvement, and Mod- uary 1, 2008. trators, and fiduciaries described in subpara- ernization Act of 2003 (42 U.S.C. 1395w–4 note) (2) ENROLLMENT IN NEW PLANS.—During the graph (A); and section 104 of division B of the Tax Re- period beginning on January 1, 2008, and end- ‘‘(ii) may share the entitlement and enroll- lief and Health Care Act of 2006 (42 U.S.C. ing on December 31, 2009, the Secretary of ment information described in clause (i) with 1395w–4 note), is amended by striking ‘‘and Health and Human Services shall not permit entities and persons not described in such 2007’’ and inserting ‘‘2007, and the first 6 enrollment of any individual residing in an clause; and months of 2008’’. area in a specialized Medicare Advantage ‘‘(iii) may share information collected SEC. 105. EXTENSION OF EXCEPTIONS PROCESS plan for special needs individuals under part under this paragraph as necessary for pur- FOR MEDICARE THERAPY CAPS. C of title XVIII of the Social Security Act to poses of the proper coordination of benefits. Section 1833(g)(5) of the Social Security take effect unless that specialized Medicare ‘‘(D) IMPLEMENTATION.—Notwithstanding Act (42 U.S.C. 1395l(g)(5)) is amended by Advantage plan for special needs individuals any other provision of law, the Secretary striking ‘‘December 31, 2007’’ and inserting was available for enrollment for individuals may implement this paragraph by program ‘‘June 30, 2008’’. residing in that area on January 1, 2008. instruction or otherwise.

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‘‘(8) REQUIRED SUBMISSION OF INFORMATION the Social Security Act, including under the application of subsection (c)(6)(C)(ii) is BY OR ON BEHALF OF LIABILITY INSURANCE (IN- parts C and D of such title. the lower of— CLUDING SELF-INSURANCE), NO FAULT INSUR- (c) IMPLEMENTATION.—For purposes of im- ‘‘(i) the payment amount that would be de- ANCE, AND WORKERS’ COMPENSATION LAWS AND plementing paragraphs (7) and (8) of section termined for such drug or biological applying PLANS.— 1862(b) of the Social Security Act, as added such subsection; or ‘‘(A) REQUIREMENT.—On and after the first by subsection (a), to ensure appropriate pay- ‘‘(ii) the payment amount that would have day of the first calendar quarter beginning ments under title XVIII of such Act, the Sec- been determined for such drug or biological after the date that is 18 months after the retary of Health and Human Services shall if such subsection were not applied; and date of the enactment of this paragraph, an provide for the transfer, from the Federal ‘‘(B) a multiple source drug described in applicable plan shall— Hospital Insurance Trust Fund established section 1842(o)(1)(G) (excluding a drug or bio- ‘‘(i) determine whether a claimant (includ- under section 1817 of the Social Security Act logical that is treated as a multiple source ing an individual whose claim is unresolved) (42 U.S.C. 1395i) and the Federal Supple- drug because of the application of such sub- is entitled to benefits under the program mentary Medical Insurance Trust Fund es- section) is the lower of— under this title on any basis; and tablished under section 1841 of such Act (42 ‘‘(i) the payment amount that would be de- ‘‘(ii) if the claimant is determined to be so U.S.C. 1395t), in such proportions as the Sec- termined for such drug or biological taking entitled, submit the information described in retary determines appropriate, of $35,000,000 into account the application of such sub- subparagraph (B) with respect to the claim- to the Centers for Medicare & Medicaid Serv- section; or ant to the Secretary in a form and manner ices Program Management Account for the ‘‘(ii) the payment amount that would have (including frequency) specified by the Sec- period of fiscal years 2008, 2009, and 2010. been determined for such drug or biological retary. SEC. 112. PAYMENT FOR PART B DRUGS. if such subsection were not applied.’’. ‘‘(B) REQUIRED INFORMATION.—The informa- (a) APPLICATION OF ALTERNATIVE VOLUME SEC. 113. PAYMENT RATE FOR CERTAIN DIAG- tion described in this subparagraph is— WEIGHTING IN COMPUTATION OF ASP.—Section NOSTIC LABORATORY TESTS. ‘‘(i) the identity of the claimant for which 1847A(b) of the Social Security Act (42 U.S.C. Section 1833(h) of the Social Security Act the determination under subparagraph (A) 1395w–3a(b)) is amended— (42 U.S.C. 1395l(h)) is amended by adding at was made; and (1) in paragraph (1)(A), by inserting ‘‘for a the end the following new paragraph: ‘‘(ii) such other information as the Sec- multiple source drug furnished before April ‘‘(9) Notwithstanding any other provision retary shall specify in order to enable the in this part, in the case of any diagnostic Secretary to make an appropriate deter- 1, 2008, or 106 percent of the amount determined under paragraph (6) for a multiple laboratory test for HbA1c that is labeled by mination concerning coordination of bene- the Food and Drug Administration for home fits, including any applicable recovery claim. source drug furnished on or after April 1, 2008’’ after ‘‘paragraph (3)’’; use and is furnished on or after April 1, 2008, ‘‘(C) TIMING.—Information shall be sub- the payment rate for such test shall be the mitted under subparagraph (A)(ii) within a (2) in each of subparagraphs (A) and (B) of paragraph (4), by inserting ‘‘for single source payment rate established under this part for time specified by the Secretary after the a glycated hemoglobin test (identified as of claim is resolved through a settlement, judg- drugs and biologicals furnished before April 1, 2008, and using the methodology applied October 1, 2007, by HCPCS code 83036 (and ment, award, or other payment (regardless of any succeeding codes)).’’. whether or not there is a determination or under paragraph (6) for single source drugs SEC. 114. LONG-TERM CARE HOSPITALS. admission of liability). and biologicals furnished on or after April 1, (a) DEFINITION OF LONG-TERM CARE HOS- ‘‘(D) CLAIMANT.—For purposes of subpara- 2008,’’ after ‘‘paragraph (3)’’; and PITAL.—Section 1861 of the Social Security graph (A), the term ‘claimant’ includes— (3) by adding at the end the following new Act (42 U.S.C. 1395x) is amended by adding at ‘‘(i) an individual filing a claim directly paragraph: the end the following new subsection: against the applicable plan; and ‘‘(6) USE OF VOLUME-WEIGHTED AVERAGE ‘‘(ii) an individual filing a claim against an SALES PRICES IN CALCULATION OF AVERAGE ‘‘Long-Term Care Hospital individual or entity insured or covered by SALES PRICE.— ‘‘(ccc) The term ‘long-term care hospital’ the applicable plan. ‘‘(A) IN GENERAL.—For all drug products in- means a hospital which— ‘‘(E) ENFORCEMENT.— cluded within the same multiple source drug ‘‘(1) is primarily engaged in providing inpa- ‘‘(i) IN GENERAL.—An applicable plan that billing and payment code, the amount speci- tient services, by or under the supervision of fails to comply with the requirements under fied in this paragraph is the volume-weight- a physician, to Medicare beneficiaries whose subparagraph (A) with respect to any claimed average of the average sales prices re- medically complex conditions require a long ant shall be subject to a civil money penalty ported under section 1927(b)(3)(A)(iii) deter- hospital stay and programs of care provided of $1,000 for each day of noncompliance with mined by— by a long-term care hospital; respect to each claimant. The provisions of ‘‘(i) computing the sum of the products (for ‘‘(2) has an average inpatient length of subsections (e) and (k) of section 1128A shall each National Drug Code assigned to such stay (as determined by the Secretary) of apply to a civil money penalty under the pre- drug products) of— greater than 25 days, or meets the require- vious sentence in the same manner as such ‘‘(I) the manufacturer’s average sales price ments of clause (II) of section provisions apply to a penalty or proceeding (as defined in subsection (c)), determined by 1886(d)(1)(B)(iv); under section 1128A(a). A civil money pen- the Secretary without dividing such price by ‘‘(3) satisfies the requirements of sub- alty under this clause shall be in addition to the total number of billing units for the Na- section (e); and any other penalties prescribed by law and in tional Drug Code for the billing and payment ‘‘(4) meets the following facility criteria: addition to any Medicare secondary payer code; and ‘‘(A) the institution has a patient review claim under this title with respect to an in- ‘‘(II) the total number of units specified process, documented in the patient medical dividual. under paragraph (2) sold; and record, that screens patients prior to admis- ‘‘(ii) DEPOSIT OF AMOUNTS COLLECTED.—Any ‘‘(ii) dividing the sum determined under sion for appropriateness of admission to a amounts collected pursuant to clause (i) clause (i) by the sum of the products (for long-term care hospital, validates within 48 shall be deposited in the Federal Hospital In- each National Drug Code assigned to such hours of admission that patients meet ad- surance Trust Fund. drug products) of— mission criteria for long-term care hospitals, ‘‘(F) APPLICABLE PLAN.—In this paragraph, ‘‘(I) the total number of units specified regularly evaluates patients throughout the term ‘applicable plan’ means the fol- under paragraph (2) sold; and their stay for continuation of care in a long- lowing laws, plans, or other arrangements, ‘‘(II) the total number of billing units for term care hospital, and assesses the avail- including the fiduciary or administrator for the National Drug Code for the billing and able discharge options when patients no such law, plan, or arrangement: payment code. longer meet such continued stay criteria; ‘‘(i) Liability insurance (including self-in- ‘‘(B) BILLING UNIT DEFINED.—For purposes ‘‘(B) the institution has active physician surance). of this subsection, the term ‘billing unit’ involvement with patients during their ‘‘(ii) No fault insurance. means the identifiable quantity associated treatment through an organized medical ‘‘(iii) Workers’ compensation laws or plans. with a billing and payment code, as estab- staff, physician-directed treatment with ‘‘(G) SHARING OF INFORMATION.—The Sec- lished by the Secretary.’’. physician on-site availability on a daily retary may share information collected (b) TREATMENT OF CERTAIN DRUGS.—Sec- basis to review patient progress, and con- under this paragraph as necessary for pur- tion 1847A(b) of the Social Security Act (42 sulting physicians on call and capable of poses of the proper coordination of benefits. U.S.C. 1395w–3a(b)), as amended by sub- being at the patient’s side within a moderate ‘‘(H) IMPLEMENTATION.—Notwithstanding section (a), is amended— period of time, as determined by the Sec- any other provision of law, the Secretary (1) in paragraph (1), by inserting ‘‘para- retary; and may implement this paragraph by program graph (7) and’’ after ‘‘Subject to’’; and ‘‘(C) the institution has interdisciplinary instruction or otherwise.’’. (2) by adding at the end the following new team treatment for patients, requiring inter- (b) RULE OF CONSTRUCTION.—Nothing in the paragraph: disciplinary teams of health care profes- amendments made by this section shall be ‘‘(7) SPECIAL RULE.—Beginning with April sionals, including physicians, to prepare and construed to limit the authority of the Sec- 1, 2008, the payment amount for— carry out an individualized treatment plan retary of Health and Human Services to col- ‘‘(A) each single source drug or biological for each patient.’’. lect information to carry out Medicare sec- described in section 1842(o)(1)(G) that is (b) STUDY AND REPORT ON LONG-TERM CARE ondary payer provisions under title XVIII of treated as a multiple source drug because of HOSPITAL FACILITY AND PATIENT CRITERIA.—

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(1) IN GENERAL.—The Secretary of Health (3) NO APPLICATION OF VERY SHORT-STAY (5) JUDICIAL REVIEW.—There shall be no ad- and Human Services (in this section referred OUTLIER POLICY.—The Secretary shall not ministrative or judicial review under section to as the ‘‘Secretary’’) shall conduct a study apply, for the 3-year period beginning on the 1869 of the Social Security Act (42 U.S.C. on the establishment of national long-term date of the enactment of this Act, the 1395ff), section 1878 of such Act (42 U.S.C. care hospital facility and patient criteria for amendments finalized on May 11, 2007 (72 1395oo), or otherwise, of the application of purposes of determining medical necessity, Federal Register 26904, 26992) made to the this subsection by the Secretary. appropriateness of admission, and continued short-stay outlier payment provision for (e) LONG-TERM CARE HOSPITAL PAYMENT stay at, and discharge from, long-term care long-term care hospitals contained in sec- UPDATE.— hospitals. tion 412.529(c)(3)(i) of title 42, Code of Federal (1) IN GENERAL.—Section 1886 of the Social (2) REPORT.—Not later than 18 months Regulations, or any similar provision. Security Act (42 U.S.C. 1395ww) is amended after the date of the enactment of this Act, (4) NO APPLICATION OF ONE-TIME ADJUST- by adding at the end the following new sub- the Secretary shall submit to Congress a re- MENT TO STANDARD AMOUNT.—The Secretary section: port on the study conducted under paragraph shall not, for the 3-year period beginning on ‘‘(m) PROSPECTIVE PAYMENT FOR LONG- (1), together with recommendations for such the date of the enactment of this Act, make TERM CARE HOSPITALS.— legislation and administrative actions, in- the one-time prospective adjustment to long- ‘‘(1) REFERENCE TO ESTABLISHMENT AND IM- cluding timelines for implementation of pa- term care hospital prospective payment PLEMENTATION OF SYSTEM.—For provisions tient criteria or other actions, as the Sec- rates provided for in section 412.523(d)(3) of related to the establishment and implemen- retary determines appropriate. title 42, Code of Federal Regulations, or any tation of a prospective payment system for (3) CONSIDERATIONS.—In conducting the similar provision. payments under this title for inpatient hos- study and preparing the report under this (d) MORATORIUM ON THE ESTABLISHMENT OF pital services furnished by a long-term care subsection, the Secretary shall consider— LONG-TERM CARE HOSPITALS, LONG-TERM hospital described in subsection (d)(1)(B)(iv), (A) recommendations contained in a report CARE SATELLITE FACILITIES AND ON THE IN- see section 123 of the Medicare, Medicaid, to Congress by the Medicare Payment Advi- CREASE OF LONG-TERM CARE HOSPITAL BEDS and SCHIP Balanced Budget Refinement Act sory Commission in June 2004 for long-term IN EXISTING LONG-TERM CARE HOSPITALS OR of 1999 and section 307(b) of the Medicare, care hospital-specific facility and patient SATELLITE FACILITIES.— Medicaid, and SCHIP Benefits Improvement criteria to ensure that patients admitted to (1) IN GENERAL.—During the 3-year period and Protection Act of 2000. long-term care hospitals are medically com- beginning on the date of the enactment of ‘‘(2) UPDATE FOR RATE YEAR 2008.—In imple- plex and appropriate to receive long-term this Act, the Secretary shall impose a mora- menting the system described in paragraph care hospital services; and torium for purposes of the Medicare program (1) for discharges occurring during the rate (B) ongoing work by the Secretary to under title XVIII of the Social Security year ending in 2008 for a hospital, the base evaluate and determine the feasibility of Act— rate for such discharges for the hospital such recommendations. (A) subject to paragraph (2), on the estab- shall be the same as the base rate for dis- (c) PAYMENT FOR LONG-TERM CARE HOS- lishment and classification of a long-term charges for the hospital occurring during the PITAL SERVICES.— care hospital or satellite facility, other than rate year ending in 2007.’’. (1) NO APPLICATION OF 25 PERCENT PATIENT an existing long-term care hospital or facil- (2) DELAYED EFFECTIVE DATE.—Subsection THRESHOLD PAYMENT ADJUSTMENT TO FREE- ity; and (m)(2) of section 1886 of the Social Security STANDING AND GRANDFATHERED LTCHS.—The (B) subject to paragraph (3), on an increase Act, as added by paragraph (1), shall not Secretary shall not apply, for cost reporting of long-term care hospital beds in existing apply to discharges occurring on or after periods beginning on or after the date of the long-term care hospitals or satellite facili- July 1, 2007, and before April 1, 2008. enactment of this Act for a 3-year period— ties. (f) EXPANDED REVIEW OF MEDICAL NECES- (A) section 412.536 of title 42, Code of Fed- (2) EXCEPTION FOR CERTAIN LONG-TERM CARE SITY.— eral Regulations, or any similar provision, to HOSPITALS.—The moratorium under para- (1) IN GENERAL.—The Secretary of Health freestanding long-term care hospitals; and graph (1)(A) shall not apply to a long-term and Human Services shall provide, under (B) such section or section 412.534 of title care hospital that as of the date of the enact- contracts with one or more appropriate fis- 42, Code of Federal Regulations, or any simi- ment of this Act— cal intermediaries or medicare administra- lar provisions, to a long-term care hospital (A) began its qualifying period for payment tive contractors under section 1874A(a)(4)(G) identified by the amendment made by sec- as a long-term care hospital under section of the Social Security Act (42 U.S.C. 1395kk– tion 4417(a) of the Balanced Budget Act of 412.23(e) of title 42, Code of Federal Regula- 1(a)(4)(G)), for reviews of the medical neces- 1997 (Public Law 105–33). tions, on or before the date of the enactment sity of admissions to long-term care hos- (2) PAYMENT FOR HOSPITALS-WITHIN-HOS- of this Act; pitals (described in section 1886(d)(1)(B)(iv) of PITALS.— (B) has a binding written agreement with such Act) and continued stay at such hos- (A) IN GENERAL.—Payment to an applicable an outside, unrelated party for the actual pitals, of individuals entitled to, or enrolled long-term care hospital or satellite facility construction, renovation, lease, or demoli- for, benefits under part A of title XVIII of which is located in a rural area or which is tion for a long-term care hospital, and has such Act consistent with this subsection. co-located with an urban single or MSA dom- expended, before the date of the enactment Such reviews shall be made for discharges inant hospital under paragraphs (d)(1), (e)(1), of this Act, at least 10 percent of the esti- occurring on or after October 1, 2007. and (e)(4) of section 412.534 of title 42, Code of mated cost of the project (or, if less, (2) REVIEW METHODOLOGY.—The medical ne- Federal Regulations, shall not be subject to $2,500,000); or cessity reviews under paragraph (1) shall be any payment adjustment under such section (C) has obtained an approved certificate of conducted on an annual basis in accordance if no more than 75 percent of the hospital’s need in a State where one is required on or with rules specified by the Secretary. Such Medicare discharges (other than discharges before the date of the enactment of this Act. reviews shall— described in paragraph (d)(2) or (e)(3) of such (3) EXCEPTION FOR BED INCREASES DURING (A) provide for a statistically valid and section) are admitted from a co-located hos- MORATORIUM.— representative sample of admissions of such pital. (A) IN GENERAL.—Subject to subparagraph individuals sufficient to provide results at a (B) CO-LOCATED LONG-TERM CARE HOSPITALS (B), the moratorium under paragraph (1)(B) 95 percent confidence interval; and AND SATELLITE FACILITIES.— shall not apply to an increase in beds in an (B) guarantee that at least 75 percent of (i) IN GENERAL.—Payment to an applicable existing hospital or satellite facility if the overpayments received by long-term care long-term care hospital or satellite facility hospital or facility— hospitals for medically unnecessary admis- which is co-located with another hospital (i) is located in a State where there is only sions and continued stays of individuals in shall not be subject to any payment adjust- one other long-term care hospital; and long-term care hospitals will be identified ment under section 412.534 of title 42, Code of (ii) requests an increase in beds following and recovered and that related days of care Federal Regulations, if no more than 50 per- the closure or the decrease in the number of will not be counted toward the length of stay cent of the hospital’s Medicare discharges beds of another long-term care hospital in requirement contained in section (other than discharges described in para- the State. 1886(d)(1)(B)(iv) of the Social Security Act (42 graph (c)(3) of such section) are admitted (B) NO EFFECT ON CERTAIN LIMITATION.—The U.S.C. 1395ww(d)(1)(B)(iv)). from a co-located hospital. exception under subparagraph (A) shall not (3) CONTINUATION OF REVIEWS.—Under con- (ii) APPLICABLE LONG-TERM CARE HOSPITAL effect the limitation on increasing beds tracts under this subsection, the Secretary OR SATELLITE FACILITY DEFINED.—In this under sections 412.22(h)(3) and 412.22(f) of shall establish an error rate with respect to paragraph, the term ‘‘applicable long-term title 42, Code of Federal Regulations. such reviews that could require further re- care hospital or satellite facility’’ means a (4) EXISTING HOSPITAL OR SATELLITE FACIL- view of the medical necessity of admissions hospital or satellite facility that is subject ITY DEFINED.—For purposes of this sub- and continued stay in the hospital involved to the transition rules under section section, the term ‘‘existing’’ means, with re- and other actions as determined by the Sec- 412.534(g) of title 42, Code of Federal Regula- spect to a hospital or satellite facility, a hos- retary. tions. pital or satellite facility that received pay- (4) TERMINATION OF REQUIRED REVIEWS.— (C) EFFECTIVE DATE.—Subparagraphs (A) ment under the provisions of subpart O of (A) IN GENERAL.—Subject to subparagraph and (B) shall apply to cost reporting periods part 412 of title 42, Code of Federal Regula- (B), the previous provisions of this sub- beginning on or after the date of the enact- tions, as of the date of the enactment of this section shall cease to apply for discharges ment of this Act for a 3-year period. Act. occurring on or after October 1, 2010.

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(B) CONTINUATION.—As of the date specified Committee on Ways and Means of the House into account and shall not prevent the other in subparagraph (A), the Secretary shall de- of Representatives and the Committee on Fi- hospitals in such area from continuing such termine whether to continue to guarantee, nance of the Senate a report that includes a group for such purpose.’’. through continued medical review and sam- the following: (c) CORRECTION OF APPLICATION OF WAGE pling under this paragraph, recovery of at (A) An analysis of Medicare beneficiaries’ INDEX DURING TAX RELIEF AND HEALTH CARE least 75 percent of overpayments received by access to medically necessary rehabilitation ACT EXTENSION.—In the case of a subsection long-term care hospitals due to medically services, including the potential effect of the (d) hospital (as defined for purposes of sec- unnecessary admissions and continued stays. 75 percent rule (as defined in paragraph (2)) tion 1886 of the Social Security Act (42 (5) FUNDING.—The costs to fiscal inter- on access to care. mediaries or medicare administrative con- (B) An analysis of alternatives or refine- U.S.C. 1395ww)) with respect to which— tractors conducting the medical necessity ments to the 75 percent rule policy for deter- (1) a reclassification of its wage index for reviews under paragraph (1) shall be funded mining criteria for inpatient rehabilitation purposes of such section was extended for the from the aggregate overpayments recouped hospital and unit designation under the period beginning on April 1, 2007, and ending by the Secretary of Health and Human Serv- Medicare program, including alternative cri- on September 30, 2007, pursuant to subsection ices from long-term care hospitals due to teria which would consider a patient’s func- (a) of section 106 of division B of the Tax Re- medically unnecessary admissions and con- tional status, diagnosis, co-morbidities, and lief and Health Care Act of 2006 (42 U.S.C. tinued stays. The Secretary may use an other relevant factors. 1395 note); and amount not in excess of 40 percent of the (C) An analysis of the conditions for which (2) the wage index applicable for such hos- overpayments recouped under this paragraph individuals are commonly admitted to inpa- pital during such period was lower than the to compensate the fiscal intermediaries or tient rehabilitation hospitals that are not wage index applicable for such hospital dur- Medicare administrative contractors for the included as a condition described in section ing the period beginning on October 1, 2006, costs of services performed. 412.23(b)(2)(iii) of title 42, Code of Federal and ending on March 31, 2007, (g) IMPLEMENTATION.—For purposes of car- Regulations, to determine the appropriate the Secretary shall apply the higher wage rying out the provisions of, and amendments setting of care, and any variation in patient index that was applicable for such hospital made by, this title, in addition to any outcomes and costs, across settings of care, during the period beginning on October 1, amounts otherwise provided in this title, for treatment of such conditions. 2006, and ending on March 31, 2007, for the en- there are appropriated to the Centers for (2) 75 PERCENT RULE DEFINED.—For purposes tire fiscal year 2007. If the Secretary deter- Medicare & Medicaid Services Program Man- of this subsection, the term ‘‘75 percent mines that the application of the preceding agement Account, out of any money in the rule’’ means the requirement of section sentence to a hospital will result in a hos- Treasury not otherwise appropriated, 412.23(b)(2) of title 42, Code of Federal Regu- pital being owed additional reimbursement, $35,000,000 for the period of fiscal years 2008 lations, that 75 percent of the patients of a the Secretary shall make such payments and 2009. rehabilitation hospital or converted rehabili- within 90 days after the settlement of the ap- SEC. 115. PAYMENT FOR INPATIENT REHABILITA- tation unit are in 1 or more of 13 listed treat- plicable cost report. TION FACILITY (IRF) SERVICES. ment categories. (a) PAYMENT UPDATE.— SEC. 116. EXTENSION OF ACCOMMODATION OF SEC. 118. ADDITIONAL FUNDING FOR STATE (1) IN GENERAL.—Section 1886(j)(3)(C) of the PHYSICIANS ORDERED TO ACTIVE HEALTH INSURANCE ASSISTANCE Social Security Act (42 U.S.C. DUTY IN THE ARMED SERVICES. PROGRAMS, AREA AGENCIES ON 1395ww(j)(3)(C)) is amended by adding at the AGING, AND AGING AND DISABILITY Section 1842(b)(6)(D)(iii) of the Social Secu- RESOURCE CENTERS. end the following: ‘‘The increase factor to be rity Act (42 U.S.C. 1395u(b)(6)(D)(iii)), as applied under this subparagraph for each of amended by Public Law 110–54 (121 Stat. 551) (a) STATE HEALTH INSURANCE ASSISTANCE fiscal years 2008 and 2009 shall be 0 percent.’’. is amended by striking ‘‘January 1, 2008’’ and PROGRAMS.— (2) DELAYED EFFECTIVE DATE.—The amend- inserting ‘‘July 1, 2008’’. (1) IN GENERAL.—The Secretary of Health ment made by paragraph (1) shall not apply SEC. 117. TREATMENT OF CERTAIN HOSPITALS. and Human Services shall use amounts made to payment units occurring before April 1, available under paragraph (2) to make grants (a) EXTENDING CERTAIN MEDICARE HOSPITAL 2008. to States for State health insurance assist- WAGE INDEX RECLASSIFICATIONS THROUGH (b) INPATIENT REHABILITATION FACILITY ance programs receiving assistance under FISCAL YEAR 2008.— CLASSIFICATION CRITERIA.— section 4360 of the Omnibus Budget Rec- (1) IN GENERAL.—Section 106(a) of division (1) IN GENERAL.—Section 5005 of the Deficit onciliation Act of 1990. Reduction Act of 2005 (Public Law 109–171; 42 B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 note) is amended by strik- (2) FUNDING.—For purposes of making U.S.C. 1395ww note) is amended— grants under this subsection, the Secretary (A) in subsection (a), by striking ‘‘apply ing ‘‘September 30, 2007’’ and inserting ‘‘Sep- tember 30, 2008’’. shall provide for the transfer, from the Fed- the applicable percent specified in subsection eral Hospital Insurance Trust Fund under (2) SPECIAL EXCEPTION RECLASSIFICATIONS.— (b)’’ and inserting ‘‘require a compliance section 1817 of the Social Security Act (42 rate that is no greater than the 60 percent The Secretary of Health and Human Services shall extend for discharges occurring U.S.C. 1395i) and the Federal Supplementary compliance rate that became effective for Medical Insurance Trust Fund under section cost reporting periods beginning on or after through September 30, 2008, the special exception reclassifications made under the au- 1841 of such Act (42 U.S.C. 1395t), in the same July 1, 2006,’’; and proportion as the Secretary determines (B) by amending subsection (b) to read as thority of section 1886(d)(5)(I)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(I)(i)) and under section 1853(f) of such Act (42 U.S.C. follows: 1395w–23(f)), of $15,000,000 to the Centers for ‘‘(b) CONTINUED USE OF COMORBIDITIES.— contained in the final rule promulgated by the Secretary in the Federal Register on Au- Medicare & Medicaid Services Program Man- For cost reporting periods beginning on or agement Account for fiscal year 2008. after July 1, 2007, the Secretary shall include gust 11, 2004 (69 Fed. Reg. 49105, 49107). patients with comorbidities as described in (3) USE OF PARTICULAR WAGE INDEX.—For (b) AREA AGENCIES ON AGING AND AGING section 412.23(b)(2)(i) of title 42, Code of Fed- purposes of implementation of this sub- AND DISABILITY RESOURCE CENTERS.— eral Regulations (as in effect as of January 1, section, the Secretary shall use the hospital (1) IN GENERAL.—The Secretary of Health 2007), in the inpatient population that counts wage index that was promulgated by the Sec- and Human Services shall use amounts made toward the percent specified in subsection retary in the Federal Register on October 10, available under paragraph (2) to make (a).’’. 2007 (72 Fed. Reg. 57634), and any subsequent grants— (2) EFFECTIVE DATE.—The amendment corrections. (A) to States for area agencies on aging (as made by paragraph (1)(A) shall apply for cost (b) DISREGARDING SECTION 508 HOSPITAL RE- defined in section 102 of the Older Americans reporting periods beginning on or after July CLASSIFICATIONS FOR PURPOSES OF GROUP RE- Act of 1965 (42 U.S.C. 3002)); and 1, 2007. CLASSIFICATIONS.—Section 508 of the Medi- (B) to Aging and Disability Resource Cen- (c) RECOMMENDATIONS FOR CLASSIFYING IN- care Prescription Drug, Improvement, and ters under the Aging and Disability Resource PATIENT REHABILITATION HOSPITALS AND Modernization Act of 2003 (Public Law 108– Center grant program. UNITS.— 173, 42 U.S.C. 1395ww note) is amended by (2) FUNDING.—For purposes of making (1) REPORT TO CONGRESS.—Not later than 18 adding at the end the following new subgrants under this subsection, the Secretary months after the date of the enactment of section: shall provide for the transfer, from the Fed- this Act, the Secretary of Health and Human ‘‘(g) DISREGARDING HOSPITAL RECLASSIFICA- eral Hospital Insurance Trust Fund under Services, in consultation with physicians (in- TIONS FOR PURPOSES OF GROUP RECLASSIFICA- section 1817 of the Social Security Act (42 cluding geriatricians and physiatrists), ad- TIONS.—For purposes of the reclassification U.S.C. 1395i) and the Federal Supplementary ministrators of inpatient rehabilitation, of a group of hospitals in a geographic area Medical Insurance Trust Fund under section acute care hospitals, skilled nursing facili- under section 1886(d) of the Social Security 1841 of such Act (42 U.S.C. 1395t), in the same ties, and other settings providing rehabilita- Act for purposes of discharges occurring dur- proportion as the Secretary determines tion services, Medicare beneficiaries, trade ing fiscal year 2008, a hospital reclassified under section 1853(f) of such Act (42 U.S.C. organizations representing inpatient reha- under this section (including any such re- 1395w–23(f)), of $5,000,000 to the Centers for bilitation hospitals and units and skilled classification which is extended under sec- Medicare & Medicaid Services Program Man- nursing facilities, and the Medicare Payment tion 106(a) of the Medicare Improvements agement Account for the period of fiscal Advisory Commission, shall submit to the and Extension Act of 2006) shall not be taken years 2008 through 2009.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.010 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15842 CONGRESSIONAL RECORD — SENATE December 18, 2007 TITLE II—MEDICAID AND SCHIP expenditures under such plan for such State ‘‘(B) the amount of the State’s allotment SEC. 201. EXTENDING SCHIP FUNDING THROUGH for fiscal year 2008 will exceed the sum of— for fiscal year 2009. MARCH 31, 2009. ‘‘(A) the amount of the State’s allotments ‘‘(3) FUNDS REDISTRIBUTED IN THE ORDER IN (a) THROUGH THE SECOND QUARTER OF FIS- for each of fiscal years 2006 and 2007 that will WHICH STATES REALIZE FUNDING SHORT- CAL YEAR 2009.— not be expended by the end of fiscal year FALLS.—The Secretary shall redistribute the (1) IN GENERAL.—Section 2104 of the Social 2007; amounts available for redistribution under Security Act (42 U.S.C. 1397dd) is amended— ‘‘(B) the amount, if any, that is to be redis- paragraph (1) to fiscal year 2009 shortfall (A) in subsection (a)— tributed to the State during fiscal year 2008 States described in paragraph (2) in the order (i) by striking ‘‘and’’ at the end of para- in accordance with subsection (i); and in which such States realize monthly fund- graph (9); ‘‘(C) the amount of the State’s allotment ing shortfalls under this title for fiscal year (ii) by striking the period at the end of for fiscal year 2008. 2009. The Secretary shall only make redis- paragraph (10) and inserting ‘‘; and’’; and ‘‘(3) ALLOTMENTS.—In addition to the allot- tributions under this subsection to the ex- (iii) by adding at the end the following new ments provided under subsections (b) and (c), tent that there are unexpended fiscal year paragraph: subject to paragraph (4), of the amount 2006 allotments under subsection (b) avail- ‘‘(11) for each of fiscal years 2008 and 2009, available for the additional allotments under able for such redistributions. paragraph (1) for fiscal year 2008, the Sec- RORATION RULE.—If the amounts $5,000,000,000.’’; and ‘‘(4) P retary shall allot— available for redistribution under paragraph (B) in subsection (c)(4)(B), by striking ‘‘for ‘‘(A) to each shortfall State described in (1) are less than the total amounts of the es- fiscal year 2007’’ and inserting ‘‘for each of paragraph (2) not described in subparagraph timated shortfalls determined for the month fiscal years 2007 through 2009’’. (B), such amount as the Secretary deter- under that paragraph, the amount computed (2) AVAILABILITY OF EXTENDED FUNDING.— mines will eliminate the estimated shortfall under such paragraph for each fiscal year Funds made available from any allotment described in such paragraph for the State; 2009 shortfall State for the month shall be made from funds appropriated under sub- and reduced proportionally. section (a)(11) or (c)(4)(B) of section 2104 of ‘‘(B) to each commonwealth or territory ‘‘(5) RETROSPECTIVE ADJUSTMENT.—The the Social Security Act (42 U.S.C. 1397dd) for described in subsection (c)(3), an amount Secretary may adjust the estimates and de- fiscal year 2008 or 2009 shall not be available equal to the percentage specified in sub- terminations made to carry out this sub- for child health assistance for items and section (c)(2) for the commonwealth or terri- section as necessary on the basis of the services furnished after March 31, 2009, or, if tory multiplied by 1.05 percent of the sum of amounts reported by States not later than earlier, the date of the enactment of an Act the amounts determined for each shortfall May 31, 2009, on CMS Form 64 or CMS Form that provides funding for fiscal years 2008 State under subparagraph (A). 21, as the case may be, and as approved by and 2009, and for one or more subsequent fis- ‘‘(4) PRORATION RULE.—If the amounts the Secretary. cal years for the State Children’s Health In- available for additional allotments under ‘‘(6) AVAILABILITY; NO FURTHER REDISTRIBU- surance Program under title XXI of the So- paragraph (1) are less than the total of the TION.—Notwithstanding subsections (e) and cial Security Act. amounts determined under subparagraphs (f), amounts redistributed to a State pursu- (3) END OF FUNDING UNDER CONTINUING RESO- (A) and (B) of paragraph (3), the amounts ant to this subsection for the first 2 quarters LUTION.—Section 136(a)(2) of Public Law 110- computed under such subparagraphs shall be of fiscal year 2009 shall only remain avail- 92 is amended by striking ‘‘after the termi- reduced proportionally. able for expenditure by the State through nation date’’ and all that follows and insert- ‘‘(5) RETROSPECTIVE ADJUSTMENT.—The March 31, 2009, and any amounts of such re- ing ‘‘after the date of the enactment of the Secretary may adjust the estimates and de- distributions that remain unexpended as of Medicare, Medicaid, and SCHIP Extension terminations made to carry out this sub- such date, shall not be subject to redistribu- Act of 2007.’’. section as necessary on the basis of the tion under subsection (f). (4) CLARIFICATION OF APPLICATION OF FUND- amounts reported by States not later than ‘‘(l) ADDITIONAL ALLOTMENTS TO ELIMINATE ING UNDER CONTINUING RESOLUTION.—Section November 30, 2008, on CMS Form 64 or CMS FUNDING SHORTFALLS FOR THE FIRST 2 QUAR- 107 of Public Law 110–92 shall apply with re- Form 21, as the case may be, and as approved TERS OF FISCAL YEAR 2009.— spect to expenditures made pursuant to sec- by the Secretary. ‘‘(1) APPROPRIATION; ALLOTMENT AUTHOR- tion 136(a)(1) of such Public Law. ‘‘(6) ONE-YEAR AVAILABILITY; NO REDIS- ITY.—For the purpose of providing additional (b) EXTENSION OF TREATMENT OF QUALI- TRIBUTION OF UNEXPENDED ADDITIONAL ALLOT- allotments described in subparagraphs (A) FYING STATES; RULES ON REDISTRIBUTION OF MENTS.—Notwithstanding subsections (e) and and (B) of paragraph (3), there is appro- UNSPENT FISCAL YEAR 2005 ALLOTMENTS (f), amounts allotted to a State pursuant to priated, out of any money in the Treasury MADE PERMANENT.— this subsection for fiscal year 2008, subject to not otherwise appropriated, such sums as (1) IN GENERAL.—Section 2105(g)(1)(A) of paragraph (5), shall only remain available for may be necessary, not to exceed $275,000,000 the Social Security Act (42 U.S.C. expenditure by the State through September for the first 2 quarters of fiscal year 2009. 1397ee(g)(1)(A)), as amended by subsection (d) 30, 2008. Any amounts of such allotments ‘‘(2) SHORTFALL STATES DESCRIBED.—For of section 136 of Public Law 110–92, is amend- that remain unexpended as of such date shall purposes of paragraph (3), a shortfall State ed by striking ‘‘or 2008’’ and inserting ‘‘2008, not be subject to redistribution under sub- described in this paragraph is a State with a or 2009’’. section (f). State child health plan approved under this (2) APPLICABILITY.—The amendment made ‘‘(k) REDISTRIBUTION OF UNUSED FISCAL title for which the Secretary estimates, on by paragraph (1) shall be in effect through YEAR 2006 ALLOTMENTS TO STATES WITH ESTI- the basis of the most recent data available to March 31, 2009. MATED FUNDING SHORTFALLS DURING THE the Secretary, that the Federal share (3) CERTAIN RULES MADE PERMANENT.—Sub- FIRST 2 QUARTERS OF FISCAL YEAR 2009.— amount of the projected expenditures under section (e) of section 136 of Public Law 110– ‘‘(1) IN GENERAL.—Notwithstanding sub- such plan for such State for the first 2 quar- 92 is repealed. section (f) and subject to paragraphs (3) and ters of fiscal year 2009 will exceed the sum (c) ADDITIONAL ALLOTMENTS TO ELIMINATE (4), with respect to months beginning during of— REMAINING FUNDING SHORTFALLS THROUGH the first 2 quarters of fiscal year 2009, the ‘‘(A) the amount of the State’s allotments MARCH 31, 2009.— Secretary shall provide for a redistribution for each of fiscal years 2007 and 2008 that will (1) IN GENERAL.—Section 2104 of the Social under such subsection from the allotments not be expended by the end of fiscal year Security Act (42 U.S.C. 1397dd) is amended by for fiscal year 2006 under subsection (b) that 2008; adding at the end the following new sub- are not expended by the end of fiscal year ‘‘(B) the amount, if any, that is to be redis- sections: 2008, to a fiscal year 2009 shortfall State de- tributed to the State during fiscal year 2009 ‘‘(j) ADDITIONAL ALLOTMENTS TO ELIMINATE scribed in paragraph (2), such amount as the in accordance with subsection (k); and FUNDING SHORTFALLS FOR FISCAL YEAR Secretary determines will eliminate the esti- ‘‘(C) the amount of the State’s allotment 2008.— mated shortfall described in such paragraph for fiscal year 2009. ‘‘(1) APPROPRIATION; ALLOTMENT AUTHOR- for such State for the month. ‘‘(3) ALLOTMENTS.—In addition to the allot- ITY.—For the purpose of providing additional ‘‘(2) FISCAL YEAR 2009 SHORTFALL STATE DE- ments provided under subsections (b) and (c), allotments described in subparagraphs (A) SCRIBED.—A fiscal year 2009 shortfall State subject to paragraph (4), of the amount and (B) of paragraph (3), there is appro- described in this paragraph is a State with a available for the additional allotments under priated, out of any money in the Treasury State child health plan approved under this paragraph (1) for the first 2 quarters of fiscal not otherwise appropriated, such sums as title for which the Secretary estimates, on a year 2009, the Secretary shall allot— may be necessary, not to exceed $1,600,000,000 monthly basis using the most recent data ‘‘(A) to each shortfall State described in for fiscal year 2008. available to the Secretary as of such month, paragraph (2) not described in subparagraph ‘‘(2) SHORTFALL STATES DESCRIBED.—For that the Federal share amount of the pro- (B) such amount as the Secretary determines purposes of paragraph (3), a shortfall State jected expenditures under such plan for such will eliminate the estimated shortfall de- described in this paragraph is a State with a State for the first 2 quarters of fiscal year scribed in such paragraph for the State; and State child health plan approved under this 2009 will exceed the sum of— ‘‘(B) to each commonwealth or territory title for which the Secretary estimates, on ‘‘(A) the amount of the State’s allotments described in subsection (c)(3), an amount the basis of the most recent data available to for each of fiscal years 2007 and 2008 that was equal to the percentage specified in sub- the Secretary as of November 30, 2007, that not expended by the end of fiscal year 2008; section (c)(2) for the commonwealth or terri- the Federal share amount of the projected and tory multiplied by 1.05 percent of the sum of

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.010 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15843 the amounts determined for each shortfall (I) by inserting ‘‘or for a period in fiscal Mr. CRAIG. Mr. President, the Sen- State under subparagraph (A). year 2008 described in clause (i)’’ after ‘‘fiscal ator from Washington and all of us rec- ‘‘(4) PRORATION RULE.—If the amounts year 2007’’; and ognize that this may be the conclusion available for additional allotments under (II) by inserting ‘‘or period’’ after ‘‘for such this evening of this session of Congress, paragraph (1) are less than the total of the fiscal year’’; and amounts determined under subparagraphs (iii) in subclause (II)— and there may be a lot of issues out (A) and (B) of paragraph (3), the amounts (I) by inserting ‘‘or for a period in fiscal there that will be brought to a final computed under such subparagraphs shall be year 2008 described in clause (i)’’ after ‘‘fiscal vote. I think for all of us, as any ses- reduced proportionally. year 2007’’; and sion concludes, we have to look at the ‘‘(5) RETROSPECTIVE ADJUSTMENT.—The (II) by inserting ‘‘or period’’ after ‘‘such work product and say that is a job well Secretary may adjust the estimates and de- fiscal year’’ each place it appears; and done or a job not so well done. Frank- terminations made to carry out this sub- (3) in subparagraph (B)(i), by adding at the ly, for those of us on the Republican section as necessary on the basis of the end the following: ‘‘Only with respect to fis- side who stayed together and fought amounts reported by States not later than cal year 2008 for the period ending on June the fight and exchanged our differences May 31, 2009, on CMS Form 64 or CMS Form 30, 2008, the DSH allotment for Hawaii for 21, as the case may be, and as approved by such portion of the fiscal year, notwith- with those on the Democratic side, to the Secretary. standing the table set forth in paragraph (2), bring a budget back into constraints ‘‘(6) AVAILABILITY; NO REDISTRIBUTION OF shall be $7,500,000.’’. that are at or near the President’s pro- UNEXPENDED ADDITIONAL ALLOTMENTS.—Not- SEC. 205. IMPROVING DATA COLLECTION. posal is without question a victory. withstanding subsections (e) and (f), Section 2109(b)(2) of the Social Security Some of us will recognize that and amounts allotted to a State pursuant to this Act (42 U.S.C. 1397ii(b)(2)) is amended by in- honor that tonight as we conclude this subsection for fiscal year 2009, subject to serting before the period at the end the fol- first session of this Congress. paragraph (5), shall only remain available for lowing ‘‘(except that only with respect to fis- I yield the floor. expenditure by the State through March 31, cal year 2008, there are appropriated The PRESIDING OFFICER. The Sen- 2009. Any amounts of such allotments that $20,000,000 for the purpose of carrying out ator from Maine. remain unexpended as of such date shall not this subsection, to remain available until ex- Ms. COLLINS. Mr. President, I ask be subject to redistribution under subsection pended)’’. (f).’’. unanimous consent that I be permitted SEC. 206. MORATORIUM ON CERTAIN PAYMENT to proceed until the vote occurs, which SEC. 202. EXTENSION OF TRANSITIONAL MED- RESTRICTIONS. ICAL ASSISTANCE (TMA) AND ABSTI- Notwithstanding any other provision of is 2 minutes from now. NENCE EDUCATION PROGRAM. law, the Secretary of Health and Human The PRESIDING OFFICER. Without Section 401 of division B of the Tax Relief Services shall not, prior to June 30, 2008, objection, it is so ordered. and Health Care Act of 2006 (Public Law 109– take any action (through promulgation of Ms. COLLINS. Mr. President, I rise 432, 120 Stat. 2994), as amended by section 1 regulation, issuance of regulatory guidance, to discuss the funding for the Low In- of Public Law 110–48 (121 Stat. 244) and sec- use of Federal payment audit procedures, or come Home Energy Assistance Pro- tion 2 of the TMA, Abstinence, Education, other administrative action, policy, or prac- gram. This program is absolutely vital and QI Programs Extension Act of 2007 (Pub- tice, including a Medical Assistance Manual to the people of my State. This winter lic Law 110–90, 121 Stat. 984), is amended— transmittal or letter to State Medicaid di- we have seen record-high prices for rectors) to impose any restrictions relating (1) by striking ‘‘December 31, 2007’’ and in- home heating oil. serting ‘‘June 30, 2008’’; and to coverage or payment under title XIX of the Social Security Act for rehabilitation I want to thank the appropriators for (2) by striking ‘‘first quarter’’ and insert- including additional funding for the ing ‘‘third quarter’’ each place it appears. services or school-based administration and school-based transportation if such restric- LIHEAP program as part of the omni- SEC. 203. EXTENSION OF QUALIFYING INDI- bus spending bill, but, Mr. President, I VIDUAL (QI) PROGRAM. tions are more restrictive in any aspect than those applied to such areas as of July 1, 2007. was hoping we would proceed to consid- (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. TITLE III—MISCELLANEOUS eration of the amendment offered by 1396a(a)(10)(E)(iv)) is amended by striking SEC. 301. MEDICARE PAYMENT ADVISORY COM- the Senator from Vermont, of which I ‘‘December 2007’’ and inserting ‘‘June 2008’’. MISSION STATUS. am proud to be a cosponsor, which Section 1805(a) of the Social Security Act (b) EXTENDING TOTAL AMOUNT AVAILABLE would have provided 800 million addi- (42 U.S.C. 1395b–6(a)) is amended by inserting FOR ALLOCATION.—Section 1933(g)(2) of the tional dollars for the LIHEAP program. ‘‘as an agency of Congress’’ after ‘‘estab- Social Security Act (42 U.S.C. 1396u–3(g)(2)) Mr. President, this is a real crisis. I lished’’. is amended— consider the amount of money in this (1) in subparagraph (G), by striking ‘‘and’’ SEC. 302. SPECIAL DIABETES PROGRAMS FOR TYPE I DIABETES AND INDIANS. bill to be a significant step forward, at the end; (a) SPECIAL DIABETES PROGRAMS FOR TYPE but it is not adequate to meet the over- (2) in subparagraph (H), by striking the pe- I DIABETES.—Section 330B(b)(2)(C) of the whelming needs for the constituents riod at the end and inserting ‘‘; and’’; and Public Health Service Act (42 U.S.C. 254c– that live in cold weather States and (3) by adding at the end the following new 2(b)(2)(C)) is amended by striking ‘‘2008’’ and subparagraph: are struggling and literally choosing inserting ‘‘2009’’. ‘‘(I) for the period that begins on January between paying their bills, buying food, (b) SPECIAL DIABETES PROGRAMS FOR INDI- 1, 2008, and ends on June 30, 2008, the total al- purchasing prescription drugs, and ANS.—Section 330C(c)(2)(C) of the Public location amount is $200,000,000.’’. Health Service Act (42 U.S.C. 254c–3(c)(2)(C)) staying warm. That is a choice that no SEC. 204. MEDICAID DSH EXTENSION. is amended by striking ‘‘2008’’ and inserting family in this country should have to Section 1923(f)(6) of the Social Security ‘‘2009’’. make. I am pleased with this downpayment Act (42 U.S.C. 1396r–4(f)(6)) is amended— f (1) in the heading, by inserting ‘‘AND POR- on the LIHEAP program. It is a major TIONS OF FISCAL YEAR 2008’’ after ‘‘FISCAL CONSOLIDATED APPROPRIATIONS step forward that is going to make a YEAR 2007’’; and ACT, 2008—Continued significant difference, but, frankly, it (2) in subparagraph (A)— Mr. GREGG. Mr. President, I ask is simply not adequate to meet the (A) in clause (i), by adding at the end (after unanimous consent that the Senator overwhelming need. and below subclause (II)) the following: Nationwide, over the last 4 years, the ‘‘Only with respect to fiscal year 2008 for the from Idaho now be recognized for 5 minutes and that at 5:20, it be deemed number of households receiving period ending on June 30, 2008, the DSH allot- LIHEAP assistance increased by 26 per- ment for Tennessee for such portion of the that all time be yielded back by all fiscal year, notwithstanding such table or sides relative to the motion. cent from 4.6 million to about 5.8 mil- terms, shall be 3⁄4 of the amount specified in The PRESIDING OFFICER (Mr. lion, but during this same period, Fed- the previous sentence for fiscal year 2007.’’; SALAZAR). Without objection, it is so eral funding increased by only 10 per- (B) in clause (ii)— ordered. cent. The result is that the average (i) by inserting ‘‘or for a period in fiscal Mr. GREGG. Mr. President, I note for grant declined from $349 to $305. In ad- year 2008 described in clause (i)’’ after ‘‘fiscal those people listening, under this dition, since August, crude oil prices year 2007’’; and agreement, there should be a vote be- quickly rose from around $60 barrel to (ii) by inserting ‘‘or period’’ after ‘‘such nearly $100 per barrel, so a grant buys fiscal year’’; and ginning about 5:20 p.m. (C) in clause (iv)— Mr. LEAHY. Mr. President, I have no less fuel today than it would have just (i) in the heading, by inserting ‘‘AND FISCAL objection. 4 months ago. According to the Maine YEAR 2008’’ after ‘‘FISCAL YEAR 2007’’; The PRESIDING OFFICER. The Sen- Office of Energy Independence and Se- (ii) in subclause (I)— ator from Idaho. curity, the average price of heating oil

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.010 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15844 CONGRESSIONAL RECORD — SENATE December 18, 2007 in our State is $3.26 a gallon. That is a The yeas and nays resulted—yeas 44, The PRESIDING OFFICER. The record in our State. nays 51, as follows: agreement contemplates a second-de- This large, rapid increase, combined [Rollcall Vote No. 436 Leg.] gree amendment, the Feingold amend- with less LIHEAP funding available per YEAS—44 ment, where there will be 1 hour of de- family, imposes hardship on people who Akaka Harkin Nelson (FL) bate equally divided on that amend- use home heating oil to heat their Baucus Inouye Nelson (NE) ment. homes. Low-income families and senior Bingaman Johnson Pryor Mr. MCCONNELL. Mr. President, I citizen living on limited incomes in Boxer Kennedy Reed will use leader time now. Brown Kerry Reid The PRESIDING OFFICER. The Re- Maine and many other States face a Byrd Klobuchar Rockefeller publican leader. crisis in staying warm this winter. Cantwell Kohl Salazar C The Sanders amendment would have Cardin Lautenberg Sanders Mr. M CONNELL. Mr. President, a Carper Leahy Schumer lot has changed since last December. provided an additional $800 million as Casey Levin Stabenow At this time last year, America and its emergency funding for LIHEAP. The Conrad Lieberman Tester term ‘‘emergency,’’ could not be more Dorgan Lincoln allies were desperate for good news out Webb accurate. Our Nation is in a heating Durbin Menendez of Iraq. The security situation was Feingold Mikulski Whitehouse dire, and getting worse. An all-out civil emergency this winter. Families are Hagel Murray Wyden being forced to choose among paying war threatened to undermine the he- NAYS—51 for food, housing, prescription drugs roic work of U.S. forces and frustrate and heat. No family should be forced to Alexander Crapo Martinez the hopes of millions of Iraqis. Allard DeMint McCain suffer through a severe winter without Then General Petraeus stepped for- Barrasso Dole McCaskill ward with a bold new plan. We con- adequate heat. Bayh Domenici McConnell I understand we may consider this Bennett Ensign Murkowski firmed General Petraeus unanimously Bond Enzi Roberts for what seemed like one last effort at proposal again after the holidays. Brownback Graham Sessions When we reconsider it, I urge all my salvaging the mission. And we sent him Bunning Grassley Shelby the troops and the funds he needed to colleagues to support the Sanders pro- Burr Gregg Smith carry out the job. posal to provide vital home energy as- Chambliss Hatch Snowe Coburn Hutchison Specter Since the implementation of the sistance for the most vulnerable of our Cochran Inhofe Stevens Petraeus plan, the security situation in citizens. Coleman Isakson Sununu and around Baghdad has changed dra- CLOTURE MOTION Collins Kyl Thune Corker Landrieu Vitter matically. Attacks on troops are down. The PRESIDING OFFICER. Under Cornyn Lott Voinovich Civilian casualties in Baghdad are the previous order and pursuant to rule Craig Lugar Warner down 75 percent. Iraqi refugees are XXII, the Chair lays before the Senate NOT VOTING—5 streaming back over the borders. Out- the following cloture motion which the Biden Dodd Obama side the city, the local leaders are forg- clerk will report. Clinton Feinstein ing agreements among themselves and The assistant legislative clerk read The PRESIDING OFFICER. On this with U.S. forces to ensure even greater as follows: vote the yeas are 44, the nays are 51. security. CLOTURE MOTION Three-fifths of the Senators duly cho- There is simply no question that on We, the undersigned Senators, in accord- sen and sworn not having voted in the the military and tactical levels the ance with the provisions of rule XXII of the affirmative, the motion is rejected. Petraeus plan has been a tremendous Standing Rules of the Senate, do hereby success. So as we stand here today, we move to bring to a close debate on the mo- Mr. LEAHY. Mr. President, I suggest the absence of a quorum. have new hope that U.S. service men tion to concur in the House amendments to and women are beginning to return H.R. 2764, State, Foreign Operations Appro- The PRESIDING OFFICER. The priations, 2008. clerk will call the roll home with a sense of achievement. A Harry Reid, Jeff Bingaman, Barbara A. The legislative clerk proceeded to lot has changed in Iraq, and here in Mikulski, Byron L. Dorgan, Daniel K. call the roll. Washington, we should take notice. Inouye, Patrick Leahy, Max Baucus, Mr. LEAHY. Mr. President, I ask Before us is an amendment sent to us Mark Pryor, Debbie Stabenow, Kent unanimous consent that the order for by the House of Representatives that Conrad, Patty Murray, Bill Nelson, the quorum call be rescinded. underfunds our troops and only pro- Jack Reed, Ken Salazar, Blanche L. The PRESIDING OFFICER. Without vides for those fighting in Afghanistan. Lincoln, Tom Carper, Herb Kohl, Ben It leaves the troops in Iraq to fend for Nelson, Dick Durbin. objection, it is so ordered. The Republican leader is recognized. themselves. That is unacceptable. The PRESIDING OFFICER. By unan- What is the difference between fund- AMENDMENT NO. 3874 imous consent, the mandatory quorum ing the troops in Afghanistan and fund- call is waived. (Purpose: To make emergency supplemental ing the troops in Iraq? They are both appropriations for the Department of De- The question is, Is it the sense of the fense for the fiscal year ending September our troops. Even those of us who have Senate that debate on the motion to 30, 2008) disagreed on the war have always concur in the House amendments to Mr. MCCONNELL. Mr. President, I agreed on at least one thing, and that the Senate amendment to H.R. 2764, move to concur in the House amend- is the troops in the field will not be left the Department of State, Foreign Oper- ments with an amendment which I without the resources they need. ations, and Related Programs Appro- send to the desk on behalf of myself, So the amendment I sent to the desk provides for our men and women in priations Act, shall be brought to a Senators LIEBERMAN, INOUYE, STEVENS, uniform in Iraq and Afghanistan be- close? COCHRAN, and WARNER. The yeas and nays are mandatory The PRESIDING OFFICER. The cause I believe it is our duty to protect under the rule. clerk will report. all of those who are putting their lives The clerk will call the roll. The legislative clerk read as follows: on the line. It is also important to un- The assistant legislative clerk called derstand—I hope everybody in the The Senator from Kentucky [Mr. MCCON- the roll. NELL], for himself, Mr. LIEBERMAN, Mr. Chamber and anybody listening gets Mr. DURBIN. I announce that the INOUYE, Mr. STEVENS, Mr. COCHRAN, and Mr. this fundamental point: If this amend- Senator from Delaware (Mr. BIDEN), WARNER moves to concur in the House ment does not pass, the McConnell- the Senator from New York (Mrs. CLIN- amendment No. 2 to the Senate amendment Lieberman amendment does not pass in TON), the Senator from Connecticut to H.R. 2764, with an amendment numbered its current form, the underlying bill (Mr. DODD), the Senator from Cali- 3874. will not become law. The passage of the fornia (Mrs. FEINSTEIN), and the Sen- (The amendment is printed in today’s McConnell-Lieberman proposal is es- ator from Illinois (Mr. OBAMA) are nec- RECORD under ‘‘Text of Amendments.’’) sential to getting a Presidential signa- essarily absent. Mr. MCCONNELL. Mr. President, ture on the Omnibus appropriations The PRESIDING OFFICER. Are there under the consent agreement, how and Iraq funding. any other Senators in the Chamber de- much time do we have? I will use my The Petraeus plan provides for a siring to vote? leader time. gradual reduction of our forces and a

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.011 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15845 transition of the mission. Iraqi secu- United States Armed Forces in Iraq to the As I do every year, I held a town hall rity forces will eventually shift from limited and temporary purposes set forth in meeting in every county in Wisconsin partnering with coalition forces to subsection (d). this year. That is 72 meetings for those (b) COMMENCEMENT OF SAFE, PHASED REDE- leading forces on their own. We must PLOYMENT FROM IRAQ.—The President shall of you who are not from the Badger not impose an arbitrary timeline for commence the safe, phased redeployment of State. I heard a lot from my constitu- withdrawal or accelerate this timeline members of the United States Armed Forces ents at the meetings about health care at an unrealistic pace. from Iraq who are not essential to the lim- and education. But the No. 1 issue I This is a moment of real hope for our ited and temporary purposes set forth in sub- heard about was foreign affairs, par- Nation and for the people of Iraq. It is section (d). Such redeployment shall begin ticularly the war in Iraq. not later than 90 days after the date of the a moment of real urgency in the Sen- enactment of this Act, and shall be carried But the No. 1 issue I heard about was ate. We need to pass the spending bill out in a manner that protects the safety and foreign affairs, particularly the war in with troop funds without any strings security of United States troops. Iraq. Let me tell you—they weren’t and without further delay. (c) USE OF FUNDS.—No funds appropriated asking why Congress is spending so At the risk of being redundant, the Presi- or otherwise made available under any provi- much time on this issue. They weren’t dent has made it absolutely clear that to get sion of law may be obligated or expended to continue the deployment in Iraq of members asking us to give the President more a Presidential signature, to wrap up this ses- time for his so-called surge. Like sion, having succeeded in passing all of our of the United States Armed Forces after the appropriations bills, will require the passage date that is nine months after the date of the Americans all across the country, they of the McConnell-Lieberman amendment. enactment of this Act. want an end to this war, and they want So when we get to that amendment— (d) EXCEPT FOR LIMITED AND TEMPORARY to know what is stopping us. PURPOSES.—The prohibition under sub- The Senate needs to address the con- we will have a couple of votes before section (c) shall not apply to the obligation then, but when we get to that amend- or expenditure of funds for the following lim- cerns and demands of our constituents, ment, it is essential. We want to com- ited and temporary purposes: who more than a year ago voted for a plete our work in a way that imple- (1) To conduct targeted operations, limited change in congressional leadership in ments the appropriations process as all in duration and scope, against members of al large measure because of the debacle in of us feel it should be implemented on Qaeda and affiliated international terrorist Iraq. But we have yet to follow through a yearly basis. The success of the organizations. and end this misguided war, before (2) To provide security for United States more Americans are injured and killed. McConnell-Lieberman amendment is Government personnel and infrastructure. essential. (3) To provide training to members of the And we are about to adjourn for the I yield the floor. Iraqi Security Forces who have not been in- year and let the war drag on even Mr. LEAHY. Mr. President, not volved in sectarian violence or in attacks longer. counting leader time, what is the pro- upon the United States Armed Forces, pro- We hear a lot from supporters of the vision of time once Senator FEINGOLD vided that such training does not involve President that violence in Iraq is down has introduced his second-degree members of the United States Armed Forces right now, and therefore we are on the amendment? taking part in combat operations or being path to victory. That argument would The PRESIDING OFFICER. There embedded with Iraqi forces. (4) To provide training, equipment, or be a lot more convincing if the admin- will be 1 hour of debate equally divided. other materiel to members of the United istration had a viable strategy for suc- Mr. LEAHY. Mr. President, I see the States Armed Forces to ensure, maintain, or cess. The surge may buy time, but as Senator from Wisconsin. I ask, of the improve their safety and security. long as there is no political solution to half hour on this side, that 15 minutes Mr. FEINGOLD. Mr. President, I rise Iraq’s problems, we are just postponing be given to the distinguished Senator to offer an amendment with the major- the inevitable resurgence in violence, from Wisconsin, 10 minutes to the sen- ity leader, Senator REID, and Senators and our brave troops will continue ior Senator from West Virginia, 5 min- LEAHY, DODD, BOXER, KENNEDY, KERRY, bearing the brunt of it. utes to the distinguished senior Sen- HARKIN, WHITEHOUSE, WYDEN, DURBIN, That is not a strategy for success. It ator from Massachusetts, and that the SCHUMER, OBAMA, SANDERS, MENENDEZ, is not even a strategy. It is a way of Senator from Vermont who is a cospon- LAUTENBERG, and BROWN to H.R. 2764, pushing this problem off to the next sor be allowed to submit a statement the fiscal year 2008 Omnibus appropria- President and the next Congress, while as though read for the RECORD. tions bill. our troops put their lives on the line, The PRESIDING OFFICER. Without The amendment is one I have offered and our constituents foot the bill. Or, I objection, it is so ordered. before. I will not hesitate, if I must, to should say, our constituents’ children AMENDMENT NO. 3875 TO AMENDMENT NO. 3874 offer it again and again and again. and grandchildren foot the bill, because Mr. FEINGOLD. Mr. President, I send The 17 cosponsors is the greatest we can’t even be bothered to figure out an amendment to the desk and ask for number we have ever had for this a way to pay for the war. We are just its immediate consideration. amendment. handing the tab to future generations, It requires the President to begin The PRESIDING OFFICER. The sticking them with hundreds of billions safely redeploying U.S. troops from clerk will report. of dollars of more deficit spending. Iraq within 90 days of enactment, and The legislative clerk read as follows: requires redeployment be completed I am certainly pleased that violence The Senator from Wisconsin [Mr. FEIN- within 9 months. At that point, with in Iraq has declined in the last few GOLD], for himself, Mr. REID, Mr. LEAHY, Mr. the bulk of our troops safely out of months. Once again, our troops have DODD, Mrs. BOXER, Mr. KENNEDY, Mr. KERRY, Iraq, funding for the war would be showed they excel in any challenge Mr. HARKIN, Mr. WHITEHOUSE, Mr. WYDEN, ended, with four narrow exceptions: with which they are tasked. This Mr. DURBIN, Mr. SCHUMER, Mr. OBAMA, Mr. doesn’t change the fact, however, that SANDERS, Mr. MENENDEZ, Mr. LAUTENBERG, providing security for U.S. Government this year was the bloodiest year for and Mr. BROWN, proposes an amendment personnel and infrastructure, training numbered 3875 to amendment No. 3874. the Iraqi security forces, providing Americans since the war began, and there are still a few weeks to go in 2007. Mr. FEINGOLD. Mr. President, I ask training and equipment to U.S. service unanimous consent that the reading of men and women to ensure their safety Indeed, let us remember that nearly the amendment be dispensed with. and security, and conducting targeted 4,000 Americans have died, and almost The PRESIDING OFFICER. Without operations limited in duration and 30,000 have been wounded in a war that objection, it is so ordered. scope against members of al-Qaida and has no clear strategy and no end in The amendment is as follows: others affiliated with international ter- sight. While the President is bringing home a token number of troops, over (Purpose: To provide for the safe redeploy- rorist organizations. ment of United States troops from Iraq) Some of my colleagues complain that 160,000 remain as the war drags on into we spent too much time debating Iraq its fifth year. What are we supposed to At the appropriate place, insert the following: this year. They would rather talk tell them, and their families, to wait another year until a new administra- SEC. ll. SAFE REDEPLOYMENT OF UNITED about other issues. Well, we have a lot STATES TROOPS FROM IRAQ. of important priorities, but nothing is tion and new Congress finally listen to (a) TRANSITION OF MISSION.—The President more important to me or my constitu- the American people and bring this shall promptly transition the mission of the ents than ending this disastrous war. tragedy to a close?

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.096 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15846 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. President, Iraq appears to be no rity priority—going after al-Qaida and I am not suggesting that we abandon closer to legitimate political reconcili- its affiliates around the globe. This ad- the people of Iraq or that we ignore the ation at the national level than it was ministration has sadly proven that we political impasse there. We cannot ig- before the surge began. Equally worri- cannot do both. nore the ongoing humanitarian crisis some is that, as part of the President’s Al-Qaida is waging a global cam- that has unfolded within Iraq or the plan, we appear to be deepening our de- paign, from North Africa—where the one that followed millions of Iraqis as pendence upon former insurgents and Algerian Government has blamed an they fled to Jordan and Syria. These militia-infiltrated security forces with al-Qaida affiliate for two major bomb- issues require the attention and con- questionable loyalties. Supporting the ings last week—to the border region structive engagement of U.S. policy- sheiks in al Anbar—and elsewhere— between Afghanistan and Pakistan makers, key regional players, and the may help to reduce violence in the near were, while we have been distracted by international community. They require term, but by supporting both sides of a Iraq, al-Qaida has reconstituted and high-level, consistent, and multilateral civil war, we are risking greater vio- strengthened itself. There is a price to engagement and cooperation. But Iraqi lence down the road. Such tactics are pay for our neglect, and this adminis- reconciliation cannot—and will not—be likely to undermine the prospects for tration has failed to acknowledge it. brought about by a massive American long-term stability, as they could lead Because of its narrow focus on Iraq, military engagement. to greater political fragmentation and the administration has been so dis- By enacting Feingold-Reid, we can fi- ultimately jeopardize Iraq’s territorial tracted it has not adequately addressed nally bring our troops out of Iraq and integrity. Again, without legitimate the deteriorating security conditions focus on what should be our top na- national reconciliation, violence may in Afghanistan, where the resurgent tional security priority—waging a ebb and flow, but it won’t end, and we Taliban—the same movement that har- global campaign against al-Qaida and will be no closer to a settlement, no bored and supported the terrorist ele- its affiliates. matter how long we keep a significant ments that attacked our country on 9/ Some of my colleagues will oppose military presence in Iraq. That is not 11—are gaining ground. Violence may this amendment. That is their right. the fault of our heroic men and women be down in Iraq, but it is up signifi- But I hope none of them will suggest in uniform. It is the fault of the admin- cantly in Afghanistan. There were 77 that Feingold-Reid would hurt the istration’s disastrous policies. suicide attacks in Afghanistan in just troops by denying them equipment or There is another dirty secret behind the first 6 months of 2007, which is support. There is no truth to that argu- the temporary drop in violence, and it about twice the number for the same ment—none. Passing this legislation relates to the segregation of Baghdad period in 2006 and 26 times higher than would result in our troops being safely and the neighborhoods on its outskirts. from January to June 2005. redeployed within 9 months. At that With so many Iraqis fleeing their This worrisome escalation of suicide point, with the troops safely out of homes in search of greater safety and bombings is one of many signs that Af- Iraq, funding for the war would end, security, large-scale displacement has ghanistan’s already tenuous stability with the narrow exceptions I men- resulted in very different demo- is even shakier. And while earlier this tioned earlier. That is what Congress graphics. Previously mixed neighbor- week the Pentagon confirmed that the did in 1993, when it voted overwhelm- hoods have ceased to exist, thereby U.S. military and its NATO partners ingly to bring our military mission in curtailing one of the chief sources of are reviewing plans for Afghanistan, it Somalia to an end. That is what Con- sectarian violence. This ethnic cleans- is awfully late in the game to try to gress must do again to terminate the ing is hardly evidence of a successful put that country on a solid path to sta- President’s unending mission in Iraq. surge. And it sure isn’t a hopeful sign bilization and development. Nonethe- This amendment is almost identical for future peace and stability. less, we have to try because we still to the version I offered with Senator When it announced the surge, the ad- have an opportunity to finish the job REID and others to the Defense Depart- ministration said its goal was to keep we started 6 years ago in Afghanistan— ment authorization bill. And once a lid on violence to give time and space eliminating the Taliban and destroying again, we have specified that nothing for reconciliation in Iraq. Now that we a safe haven for terrorist networks in this amendment will prevent U.S. are no closer to reconciliation, the ad- that seek to harm us. This opportunity troops from receiving the training or ministration is trying, once again, to is critical because until bin Laden and equipment they need ‘‘to ensure, main- shift the goalposts. We don’t hear as his reconstituted al-Qaida leadership tain, or improve their safety and secu- much about reconciliation now, and are killed or captured, Afghanistan’s rity.’’ I hope we won’t be hearing any when we do, it sounds very different future cannot be separated from our more spurious arguments about troops from the national reconciliation that own national security. on the battlefield not getting the sup- was supposedly our goal—instead we Instead of seeing the big picture—in- plies they need. hear about ‘‘bottom-up’’ reconciliation, stead of approaching Iraq in the con- This war is exhausting our country, whatever that means. All the adminis- text of a comprehensive and global overstretching our military, and tar- tration can do is stall for time, just as campaign against a ruthless enemy— nishing our credibility. Even with the it did in 2004, just as it did in 2005, and this administration persists with its recent decline in violence, the Amer- just as it did in 2006. The slogan may be tragic policy and its tragic mistakes. ican people know the war is wrong, and different—‘‘Mission Accomplished,’’ As the President digs in his heels, he is they continue to call for its end. I urge ‘‘Stay the Course,’’ ‘‘The New Way For- simultaneously deepening instability my colleagues to vote yes on Feingold- ward’’ and even ‘‘Return on Success,’’ throughout the Middle East, under- Reid so we can finally heed their call but each time we are told we are on the mining the international support and to action. right road, if we just keep walking a cooperation we need to defeat al-Qaida, I yield the floor. little longer. Until, that is, we reach providing al-Qaida and its allies with a The PRESIDING OFFICER (Mr. another dead end, and a new slogan is rallying cry and recruiting tool, and MENENDEZ). The Senator from West invented to justify heading in a new, increasing our vulnerability. Virginia. but equally futile direction. The President’s promise to redeploy Mr. BYRD. Mr. President, I intend to As the administration blunders from a few battalions, while leaving 160,000 support the amendment being offered one mistake to another, brave Amer- troops in Iraq, is not nearly enough. by the Senator from Wisconsin. While I ican troops are being injured and killed That is why, once again, I am offering fully support the addition of the $31 in Iraq; our military is being over- this amendment with Majority Leader billion in funding for the war in Af- stretched; countless billions of dollars REID. It is up to us here in Congress to ghanistan and for troop protection, I are being spent; the American people reverse what continues to be an intrac- cannot support the President’s de- are growing more and more frustrated table policy. It is our job to listen to mands that funding be given to him and outraged; and our national secu- the American people, to save American with no strings attached so that he rity is being undermined. lives, and to protect our Nation’s secu- may keep some 130,000 or more troops Instead of focusing on Iraq, we should rity by redeploying our troops from in Iraq for a sixth year. Risking the be focusing on our top national secu- Iraq, because the President will not. lives of more soldiers to try to win a

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.023 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15847 bad bet on Iraq represents a terrible in- ders to effect a back-door draft that For Congress to fail to provide the justice to our brave fighting men and keeps soldiers in the military, even funds needed by our soldiers in the women. Just a little more time, the though their terms of service have been field is inexcusable under any cir- President says, just a little more completed. Meanwhile, the needs of our cumstances, but it is especially dis- money, and the quagmire that is Iraq own Nation go wanting, as important appointing right now at the very mo- will be transformed. equipment that could be used for do- ment when General David Petraeus and The President has made clear that if mestic disasters is shipped off to Iraq, his troops are achieving the kind of he has his way, U.S. troops would still and our National Guardsmen, the first progress in Iraq that many dismissed be in Iraq decades hence. What a state- responders in emergencies, sit in the as impossible a few months ago, includ- ment by a U.S. President. What a dead- sands—the hot sands—of the Middle ing suspending disbelief in order to be- ly bankrupt legacy to leave. 2007 has East. lieve the surge was working. One has to already been the most deadly year in I urge my colleagues on both sides of suspend disbelief to believe it is not. Iraq in terms of U.S. deaths since the the aisle to vote in favor of this amend- The bill’s proponents seek, I suppose, invasion began, and the year is not yet ment and, thus, reaffirm our resolve to a precipitous withdrawal of U.S. com- over. The number of U.S. deaths has alter our disastrous course in Iraq. To bat forces from Iraq regardless of con- reached 3,890, and the number of vote for this amendment is to vote for ditions on the ground or the views of wounded has surpassed 28,000. The Iraqi our troops and to begin a reasonable our commanders in the field. If that Government has not passed any of the new policy for Iraq. To vote for this sounds familiar, it should. It should legislative benchmarks that would in- amendment is to begin to reassert the sound familiar, my friends. The major- dicate progress toward national rec- constitutional role of the Congress as ity has thus far engaged in no less than onciliation. the people’s check on the Executive, 40 legislative attempts to achieve this The economic rebuilding of Iraq con- using the most powerful tool there ever misguided outcome. tinues to lag, financed by U.S. tax- was and ever will be in the congres- The choice today is simple: Do we build upon the clear successes of our payer dollars and marked by waste, sional arsenal—the power of the purse. current strategy and give General fraud, and abuse. Oil production is To vote for this amendment is to show Petraeus and the troops under his com- sputtering and shortages of basics such the American people we are listening mand the support they require to com- as electricity and water continue to them. Keeping our troops in harm’s way in plete their mission or do we ignore the unabated, despite the boondoggle that realities and legislate a premature end this war has been for private contrac- support of a misbegotten war and a failed strategy is not patriotism. We to our efforts in Iraq, accepting there- tors. Evidence of ethnic cleansing is by all the terrible consequences that growing, as Sunnis are forced out of must not roll the dice again, recklessly risking American lives and American will ensue? Shia areas and vice versa. The Iraqi In case my colleagues missed it, a Army and police forces remain riddled treasure. It is time—time—time—for a change. couple nights ago, there was a piece on with sectarianism. U.S. forces continue the evening news of one of the major to carry the bulk of the security bur- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- networks that pointed out that for the den, and while U.S. forces remain in ator from Arizona. first time in a long time there was 24 Iraq, there is little incentive for the Mr. MCCAIN. Mr. President, I rise to hours in Baghdad without a single inci- Iraqis to assume that duty. oppose the pending amendment by the dent of violence. How you can ignore Some have pointed to recent tactical Senator from Wisconsin, my friend. I these facts on the ground is something successes and the reduction of violence strongly support the amendment that I do not—will not—comprehend. in certain areas of Iraq as justification will be offered by the Republican lead- I had the privilege, along with my for continuing the occupation of Iraq. er that would deliver vital funding for colleagues, Senator LIEBERMAN of Con- But the prowess of our troops was our troops in Iraq. necticut and Senator GRAHAM of South never in question. They have been The underlying House-passed bill is Carolina, of spending Thanksgiving given a job to do, and they do it with not only irresponsive to the facts on with our troops in Iraq. On that trip, I bravery and skill. The important ques- the ground in Iraq, it is simply irre- saw and heard firsthand about the re- tion—the only true measure of our ef- sponsible. It fails to provide any fund- markable transformation these brave forts in Iraq—is whether those tactical ing for our troops fighting in Iraq and men and women in uniform have successes somehow add up to progress actually contains an explicit prohibi- brought about this year. After nearly 4 toward a lasting political solution. tion against the use of funds for Oper- years of mismanaged war, our military, That progress has failed to materialize. ation Iraqi Freedom. The authors have in cooperation with the Iraqi security It is time for a change in Iraq. It is compiled a bill of some 1,400 pages and forces, has made significant gains time to limit the U.S. military mission an even larger joint explanatory state- under the new American counterinsur- in Iraq and bring the bulk of our troops ment chock-full of unnecessary spend- gency strategy, the so-called surge. home. It is time to seriously engage ing, but they include not a dime for our Overall violence in Iraq has fallen to our allies and the nations of the Middle troops in Iraq. They include not a dime its lowest level since the first year of East on Iraqi security issues. It is time for our troops in Iraq. the invasion. LTG Ray Odierno, the to restore the reputation of the great I would like our friends and col- second in command in Iraq, said this United States of America by returning leagues and others to consider that the week this improvement is due to the to the policies that made the United bill on the floor today contains $1.6 increase in American troops and better States an example to inspire the world, million for animal vaccines in trained Iraqi forces—due to the in- a beacon of economic prosperity, a Greenport, NY, but not a penny for our crease in American troops and better showcase of humanitarian ideals, and soldiers in Iraq; $477,000 for Barley trained Iraqi forces. benevolent assistance to people in their Health Food Benefits but nothing for Now, you can believe LTG Ray hour of need. It is time to shed our the troops in Iraq; $846,000 for the Fa- Odierno or you can believe those on the image as invaders and occupiers of ther’s Day Rally Committee of Phila- other side of the aisle who want to other nations, using mercenary forces delphia but not a dime for our sons and bring to a halt the success we have to expand our reach. It is time to un- daughters who are fighting. achieved. equivocally reject the notion that We are willing to spend $244,000 for Improvised explosive device blasts, America condones torture. For most of bee research in Weslaco, TX, but not a the foremost source of U.S. combat my lifetime—and it has been a long one dollar for our fighting men and women deaths, now occur at a rate lower than already—the world looked to the in Baghdad, Kirkuk, and Anbar. It is a at any point since September 2004. This United States first when help was need- sad day—it is a sad day, indeed—when week, MG Joseph Fil, the commander ed. Now, the world wonders which na- in the middle of a war this country for Baghdad, stated that attacks in tion America will invade next. How far must win, the Congress provides more Baghdad have fallen nearly 80 percent we have fallen. funds for bee research than for the since November 2006, murders in Bagh- The administration has used emer- brave Americans risking their lives on dad Province are down by some 90 per- gency proclamations and stop-loss or- our behalf. cent over the same period, and vehicle-

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.104 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15848 CONGRESSIONAL RECORD — SENATE December 18, 2007 borne bombs have dropped by 70 per- terrible mistake. Of course, there is no ican lives and treasure. Now is not the cent. question that Iraq’s national leaders time for us to lose our resolve. So as Ronald Reagan used to say: must do more to promote reconcili- That is why the Senate must adopt Facts are stubborn things. Facts are ation and improve governance and that the McConnell amendment. The fund- stubborn things. These are the facts— the reduction in violence has created a ing contained in this amendment is not not rhetoric but facts. window for political and economic as some have characterized it: ‘‘The Major General Fil added that, today, progress that Iraqi leaders must seize, there is no longer any part of Baghdad President’s money.’’ It is money for but let’s not close that window. The the troops. It is money for the brave under al-Qaida control, though the ter- likelihood that they make this rorist group is ‘‘still lurking in the Americans who are in harm’s way as progress would be vastly decreased— we speak. This funding is to provide shadows.’’ I agree. They are on the run, not increased—by a precipitous U.S. but they are not defeated. They are on them with the equipment and proper withdrawal. Whatever the failings of training they require to fulfill their the run, but they are not defeated. the imperfect democracy in Baghdad, Last week, the violence in Anbar mission; funding to protect our men they do not justify—either in terms of and women from roadside bombs and Province was the lowest ever recorded. national interests or simple morality— The British handed control of southern other attacks; funding to enable them abandoning it to the al-Qaida terrorists to bring this war to a successful and Basra to the Iraqi Government. And in and Iranian-backed militias trying to Diyala, one of most dangerous regions honorable end. If the funding is not in- destroy it. cluded, the President will very rightly in Iraq, al-Qaida militants tried to re- None of this is to argue that Iraq has veto this omnibus measure. take several villages around the town become completely safe or that vio- of Khalis, only to see U.S.-backed local lence has come down to an acceptable I say to my friends on the other side volunteers drive the terrorists away. level or that victory lies just around of the aisle that I understand the frus- That is the success of a classic counter- the corner. On the contrary, the road tration many feel after nearly 4 years insurgency strategy. Tens of thousands ahead remains as it always has been: of mismanaged war. I share their frus- of volunteers have joined ‘‘awakening long and hard. Violence is still at an tration and sorrow. But we must re- councils’’ that aim to combat al-Qaida, unacceptable level in some parts of the member to whom we owe our alle- and al-Qaida’s No. 2, Ayman al- country. Unemployment remains high giance—not to short-term political Zawahiri, has begun warning of ‘‘trai- in many areas. The Maliki government gain but to the security of America, to tors’’ among the insurgents in Iraq. remains unwilling to function as it those brave men and women who risk As a result of the hard-won gains our must. No one can guarantee success or all to ensure it, and to the ideals upon troops have secured, General Petraeus be certain about its progress or its which our Nation was founded. That re- has been able to initiate a drawdown of prospects. We can, however, be certain sponsibility is our dearest privilege, U.S. forces, a drawdown tied not to an about the prospects for defeat if we fail and to be judged by history to have dis- artificial timetable but based on secu- to fund our troops. charged it honorably will in the end rity gains in-country. This drawdown, Make no mistake; despite the matter so much more to all of us than beginning with the removal without re- progress I have outlined, there is no any fleeting glory of popular acclaim, placement of some 5,000 American cause for complacency. Just as we have electoral advantage, or office. Let us troops, has commenced following a dra- managed to turn failure into success in not sacrifice the remarkable gains our matic drop in American casualty rates 2007, we can likewise turn success back service men and women have made by and enhanced security throughout the into failure in 2008, if we are not care- engaging in a game of political brink- country. ful. As Major General Fil recently put manship. There is far, far too much at Al-Qaida’s leadership knows which it, progress toward securing the city stake. side is winning in Iraq. It may not be remains fragile and there is ‘‘abso- I urge my colleagues to support the known in some parts of America and in lutely a risk of going too quickly’’ in McConnell amendment and to reject this body, but al-Qaida knows. Al- drawing down troops. ‘‘An immediate this amendment. I urge my colleagues Qaida knows who is winning in Iraq. pullout too quickly would be a real se- to fund our troops and to support them Our soldiers know they have seized the rious threat to the stability here in so that when they do return to us, they momentum in this fight. Does the ma- Baghdad,’’ he said. Al-Qaida is off bal- return with the honor and success their jority party understand we are suc- ance, but they will come back swinging valiant efforts have earned. They and ceeding under the new strategy? The at us if we give them the chance. the American people whom they are proponents of this bill cannot continue Imagine for a moment if 1 of those 40 entrusted to protect deserve nothing forever to deny or disparage the reality attempts to force a withdrawal from less. of progress in Iraq or reject its connec- Iraq had been successful earlier this tion to our new counterinsurgency year. Rather than hearing from our Mr. President, I yield the floor. strategy. commanders and troops in the field The PRESIDING OFFICER. Who As General Odierno explained, with about the enormous progress, the de- yields time? the new counterinsurgency operations, cline in violence, the Iraqis seeking to ‘‘we have been able to eliminate key return home, the decrease in al-Qaida Mr. ALLARD. Mr. President, I yield safe havens, liberate portions of the influence, we would hear instead a very myself 7 minutes under the Republican population and hamper the enemy’s different story—a darker one—with time. I am going to share my concerns ability to conduct coordinated at- terrible implications for the people of about a provision included in the Inte- tacks.’’ General Odierno went on to Iraq, the wider Middle East, and the se- rior division of the Omnibus appropria- add: ‘‘We have experienced a consistent curity of the United States of America. tions bill. This provision was added on and steady trend of increased security. Some of my colleagues would like to the House Floor and was unfortunately . . . and I believe continued aggressive believe that should the bill we are cur- retained by the conference committee. operations by both Iraqi and coalition rently considering become law, without The language of this provision will pro- forces are the most effective way to ex- funding our troops in Iraq, it would hibit BLM from preparing or pub- tend our gains and continue to protect mark the end of this long effort. They lishing final regulations for oil shale the citizens of Iraq.’’ Given these reali- are wrong. Should the Congress force a commercial leasing on public lands. ties, some proponents of precipitous precipitous withdrawal from Iraq, it This provision is opposed by the De- withdrawal from Iraq have shifted would mark a new beginning, the start partment of the Interior. I have a let- their focus. While conceding, finally, of a new, more dangerous effort to con- ter stating their concerns from Sec- that there have been dramatic security tain the forces unleashed by our dis- retary Dirk Kempthorne which I ask gains, they have begun seizing on the engagement. If we leave, we will be unanimous consent be printed in the lackluster performance of the Iraqi back. If we leave, we will be back in RECORD. Government to insist that we should Iraq and elsewhere in many more des- There being no objection, the mate- abandon the successful strategy and perate fights to protect our security rial was ordered to be printed in the withdraw U.S. forces. This would be a and at an even greater cost in Amer- RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.106 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15849 THE SECRETARY OF THE INTERIOR, committee on Interior, Environment, and first commercial lease sale. However, Washington, DC, December 12, 2007. Related Agencies, Committee on Appropria- this fact does not mean that we should Hon. WAYNE ALLARD, tions, House of Representatives; Congress- not bring the rest of the process to a Ranking Member, Subcommittee on Interior, En- man Todd Tiahrt, Subcommittee on Interior, grinding halt. vironment and Related Agencies, Committee Environment, and Related Agencies, Com- We are in the midst of a deliberate on Appropriations, U.S. Senate, Wash- mittee on Appropriations, House of Rep- ington, DC. resentatives; and Senator Dianne Feinstein, and thoughtful process for approaching DEAR SENATOR ALLARD: As the House and Chairman, Subcommittee on Interior, Envi- the research and eventual commercial Senate consider the Fiscal Year 2008 Inte- ronment, and Related Agencies, Committee development of oil shale. The potential rior, Environment and Related Agencies Ap- on Appropriations, United States Senate. of this abundant domestic resource is propriations bill, I would like to voice my Sincerely, too important to take lightly. concern regarding efforts to prohibit our De- DIRK KEMPTHORNE. It is estimated that there are poten- partment from issuing regulations related to Mr. ALLARD. In 2005, I worked close- tially over 3 trillion barrels of recover- oil shale leasing. able oil available from shale. Let me Section 606 of the House-passed Interior ly with my colleagues in the House and appropriations bill would prohibit the use of in the Senate on provisions which were repeat that. There is a potential of funds to prepare or publish final regulations included in section 369 of the Energy over 3 trillion barrels of recoverable oil regarding a commercial leasing program for Policy Act of 2005. These will help lead available from oil shale, at a time oil shale resources on public lands. The En- to commercialization after the re- when this country is struggling to ergy Policy Act of 2005 (EPAct) was enacted search and demonstration projects cur- produce enough oil for this country’s with broad bipartisan support. The EPAct consumption. This could be the single included substantive and significant authori- rently underway have proven themselves. As those of us who have to run largest contributor to weaning us off of ties for the development of alternative and imports from other countries, many of emerging energy sources. a business know, it is a bad practice to Oil shale is one important potential energy pour millions of dollars into research which are in political turmoil. More- source. The United States holds significant and development projects with no hint over, bringing online another large domestic supply of energy can lower oil shale resources, the largest known con- of assurance that these projects will prices for consumers, bring in royalties centration of oil shale in the world, and the lead to commercialization. Under- energy equivalent of 2.6 trillion barrels of to States and the Federal Government, standing the regulatory framework oil. Even if only a portion were recoverable, and enhance the stability of oil prices within which development must take that source could be important in the future in the marketplace. as energy demands increase worldwide and place is important to companies mak- With a cautious but deliberate ap- the competition for energy resources in- ing investment decisions. I believe, as I proach that involves consultation with creases. did in 2005, that it is critical to give State and local governments, we have The Energy Policy Act sets the timeframe companies investing tens of millions of for program development, including the com- the best opportunity of determining if pletion of final regulations. The Department dollars into these research projects a producing oil from shale is possible. We must be able to prepare final regulations in proverbial ‘‘light at the end of the tun- must give this process an opportunity FY 2008 in order to meet the statutorily-im- nel.’’ to work before we cut it off at the posed schedule. The timeline included in this section knees. The language included in this The Bureau of Land Management (BLM) of the Energy Policy Act for setting up bill does just that. It is not sound pol- issued a draft Environmental Impact State- a regulatory framework for oil shale icy for our country. From a process ment (EIS) in August 2007. The final EIS is development required the Department standpoint, we should not be undoing scheduled for release in May 2008 and the ef- of the Interior to develop a pro- fective date of the final rule is anticipated in carefully crafted policy choices that November 2008. The final regulations will grammatic environmental impact were negotiated for months by the au- consider all pertinent components of the statement for oil shale by February of thorizing committees of jurisdiction final EIS. Throughout this process BLM will 2007 and to finalize oil shale regula- and passed by the Congress on a mas- seek public input and work closely with the tions by August of 2007. Although these sive appropriations bill that is being States and other stakeholders to ensure that dates have slipped, many who are con- pushed through this Chamber at the concerns are adequately addressed. The De- cerned with decreasing our country’s eleventh hour. partment is willing to consider an extended dependence on foreign sources of oil re- I yield the floor. comment period after the publication of the The PRESIDING OFFICER. The Sen- draft regulations in order to assure that all main interested in seeing this process of the stakeholders have adequate time and move forward. A regulatory framework ator from New Mexico is recognized. opportunity to review and comment before is needed in order to clarify the range Mr. DOMENICI. Mr. President, I won- publication of the final regulations. of development options. der if the Senator from Colorado, be- The successful development of economi- During the last several years, a hand- fore he yields, would engage in a brief cally viable and environmentally responsible ful of companies have worked to de- dialog with the Senator from New Mex- oil shale extraction technology requires sig- velop technologies that will allow for ico. I ask unanimous consent for 2 min- nificant capital investments and substantial economically and environmentally fea- utes for that purpose. commitments of time and expertise by those The PRESIDING OFFICER. Without undertaking this important research. Our sible development of this resource. While it may take many years of re- objection, it is so ordered. Nation relies on private investment to de- Mr. ALLARD. Mr. President, I with- velop new energy technologies such as this search to establish whether commer- draw my request to yield the floor. one. Even though commercial leasing is not cial leasing is viable, it is essential in anticipated until after 2010, it is vitally im- Mr. DOMENICI. Mr. President, I com- guiding the scope of study and further mend the Senator from Colorado. I un- portant that private investors know what analysis, including additional site-spe- will be expected of them regarding the devel- derstand he is the ranking member on opment of this resource. The regulations cific environmental impact statements that subcommittee. that Section 606 would disallow represent the that are likely to be needed prior to Mr. ALLARD. Yes. critical ‘‘rules of the road’’ upon which pri- any commercial-scale development. Mr. DOMENICI. The Senator tried vate investors will rely in determining Some have complained that it is too his best to inform those working on whether to make future financial commit- soon to begin drafting commercializa- this that this was not the way to han- ments. Accordingly, any delay or failure to tion regulations or that the pace at dle one of America’s most significant publish these regulations in a timely manner which the development is moving is too resources that might, indeed, sooner is likely to discourage continued private in- quick. I am not advocating that we vestment in these vital research and develop- rather than later take the place of the ment efforts. move forward inappropriately or in a crude oil we import from all over the The Administration opposes the House pro- way that is not sustainable. world. vision that would prohibit the Department It should be noted that section 369 of Right now, some of the major compa- from completing its oil shale regulations. I the Energy Policy Act also requires the nies in America are investing in tech- would urge the Congress to let the adminis- Department of Interior to host a com- nology which will completely change trative process work. It is premature to im- mercial lease sale in February of 2008, the way this asset oil shale will be de- pose restrictions on the development of oil but all who are involved in this process veloped; is that not right? It is going to shale regulations before the public has had an opportunity to provide input. are aware that it is premature to take be in situ instead of the old mining sys- Identical letters are being sent to Con- that step too soon. I have been sup- tem that would have been so tough en- gressman Norm Dicks, Chairman, Sub- portive of moving back the date of the vironmentally.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.017 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15850 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. ALLARD. Mr. President, this is a Mr. ALLARD. Mr. President, I thank and the best way you can honor them new process. I thank the Senator from the Senator for his comments on this is to get the policy right, get the policy New Mexico for his question. This proc- very important issue. correct. ess is becoming economically feasible I yield the floor. That is what the Feingold amend- and certainly protects the environ- The PRESIDING OFFICER. The Sen- ment does. How? Very simple. It says: ment. I know the Senator has been ator from Massachusetts is recognized. OK, Mr. Iraqi politician, you have had working hard on this particular issue Mr. KENNEDY. How much time re- your chance, your day; now you have on the committees on which he is a mains on this amendment? to take responsibility for your own leader, and I appreciate his recognizing The PRESIDING OFFICER. The pro- country. The way you are going to do the importance of us being less depend- ponents have 6 minutes 41 seconds. The that is that we are going to start bring- ent on foreign oil and the importance opponents have 5 minutes 20 seconds. ing American service men and women of this huge reserve that exists in sev- Mr. KENNEDY. Mr. President, I yield home. They have been unwilling to eral States throughout the West. This myself the 61⁄2 minutes. I ask if the take the political decisions up until is new technology. It is very promising. Chair will let me know when 1 minute now. The other side says pour more It is exciting. The byproduct from this remains. money in here and lose more American particular process I have been told— The PRESIDING OFFICER. The lives. and I have seen samples of it—is high- Chair will do so. The Feingold amendment is a grade jet fuel that needs further refin- Mr. KENNEDY. Mr. President, I sup- changed policy. It says we believe that ing because of the high sulfur nitrogen port this amendment, and I commend with the judgment and decision we are content. But it is a remarkable prod- my friend and colleague Senator FEIN- going to take to American servicemen, uct, and it is done in an environ- GOLD. It is wrong, basically and fun- then they will make the judgment and mentally friendly way. damentally, to give another blank decision that is in the interest of this Mr. DOMENICI. I thank the Senator. check to President Bush for his failed country. Their way hasn’t worked. This I want to say this is exactly what we Iraq policy. I support our troops, but I way will. Why not give it a try and a should not be doing: putting on a mora- oppose our war. chance? torium that stops rulemaking and the We have heard here in the last few What are some of the American mili- ordinary professional evolution of minutes and in the last few hours the tary personnel saying over there? BG standards by the appropriate Federal rather rosy picture about what is hap- John Campbell, deputy commanding agencies to address the utilization of pening over in Iraq. I think everybody general of the 1st Cavalry Division in one of America’s most profound solu- in this Chamber salutes the brave men Iraq, spoke bluntly about the faults of tions to our energy crisis. Because the and women for their courage, bravery, Iraq’s political leaders. He said: price of oil has gotten so high, it is in- and valor over the last 5 years. This The ministers, they don’t get out . . . They war has been going on for 5 years. We don’t know what the hell is going on on the deed feasible to develop shale oil in ground. America and substitute it for diesel do know there has been some progress This is the brigadier general, the dep- and crude oil products that are bought made in recent times on the military uty commander, talking about the from overseas. I know that. I need not aspect. But as every member of the Iraqi political leaders, and you want to ask anybody any questions about that. Armed Services Committee under- give them a blank check? Well, those That is why we put the language in the stands, everyone who has had a respon- of us who support the Feingold amend- big energy package, and that is why a sibility in Iraq who appeared before the committee has said there are two di- ment say no. candidate running for Senate in the Army LTC Mark Fetter put it this mensions for finally getting peace in State of Colorado should not pander to way: those who just want to take out after Iraq: One is military, and one is polit- ‘‘It is very painful, very painful’’ to this product that could indeed be one ical reconciliation. That has not taken deal with the obstructionism of Iraqi of America’s salvations. The people in place. officials. the State of Colorado and in America Day after day after day after day, our There it is. How much clearer does it ought to know it. The person who did men and women are on the streets of have to get? How much more of a blank this, who put the moratorium on wants Baghdad and around Iraq, and more check do you need? How many more to be a Senator, I understand. American servicemen have lost their billions of dollars do you have to The first thing we ought to find out lives this year than in any other year spend—let alone that we will never re- is does he want America to have a of the Iraq war, make no mistake cover the 81 brave men and women chance to be independent of foreign oil. about it. As we can see, these brave from Massachusetts who lost their This is one that might do it. You can men and women in Baghdad, and all lives. That cannot be recovered. imagine that in 15 or 20 years, oil over, are still being targeted in Iraq. Think of this: For every month that would be produced from this shale, and They are basically being held hostage goes on in that battle over in Iraq, we it can be taken right out of the ground by the Iraqi political establishment. could have 250,000 more schoolteachers and used, because they boil it in the American military personnel, Amer- who are experts in math and science ground. That is the new technology. ican service men and women are being teaching our young people. For every I am not very impressed with some- held hostage by Iraq’s political leader- month that goes on, just think that body who comes along on a bill such as ship, which refuses to come together every child who needs after school help this and deals with this kind of re- and reconcile their differences and and assistance would be able to receive source in a willy-nilly manner, to reform a government. it in the United States of America. spond or pander to those who don’t Every day that goes on, the Amer- Just think, for every month this goes want the United States on its own to ican taxpayers’ money is being poured on, we could provide Head Start for do anything to develop energy. They into the sands of Iraq, because Iraqi every young person who needs it. Just might say we could not do it before. Of politicians refuse reconciliation and think of this: If we could have the re- course not. You could not develop it at political judgments in Iraq. That is sources for 2 years, we could rebuild $25-a-barrel oil. But you certainly can what is going on over there today. That and repair every public school in this at $50, and there is no question you can was going on yesterday, and it has been country that is in need. Doesn’t that at $80 or $90. That is what America’s going on for 5 years. matter? Well, it matters to this Sen- future is all about. What the other side says is let’s give ator, and it matters to those who are I thank the Senator for his work. I this administration and this President supporting the Feingold amendment. am sorry it didn’t work. At least those a blank check to continue it. How long It is wrong to neglect priorities such who put that in know somebody is do they want it for? When is enough as these at home and pour hundreds of looking out for them. It won’t be there enough? That is what they are asking billions of dollars into the black hole next year. This Senator will see to it for. That is what they are asking for. that the Iraq war has become. It is that we have a debate and vote on that For 5 long years, these brave men and wrong to give the President another issue before that happens. I thank the women in the Armed Services have huge blank check for the war in Iraq. Senator for yielding. done what they have been asked to do, Enough is enough.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.108 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15851 I urge my colleagues to take a strong Let them be with their families and let for those troops in 9 months. We have stand and vote against this gigantic the Iraqis take care of Iraq. taken this vote three times already blank check for more war. I yield the floor. this year. That is three times we voted Mr. LEAHY. Mr. President, I support The PRESIDING OFFICER. Who on this this year. It has failed on a bi- the Feingold-Reid-Leahy Amendment yields time? partisan basis each time, and with good because it specifically requires the The Senator from Alabama is recog- reason. President to begin the redeployment of nized. I urge my colleagues to oppose the American forces in Iraq within 90 days. Mr. SESSIONS. Mr. President, I ask Feingold amendment one more time. Within 9 months of enactment, the re- unanimous consent that I be recog- Mr. REID. Mr. President, in a short deployment would be completed and nized for 2 minutes. time we will move to vote on three funding terminated for Iraq operations The PRESIDING OFFICER. The Sen- amendments to the Omnibus appropria- with narrow exceptions for a limited ator is recognized for 2 minutes. tions bill. number of counterterrorism, force pro- Mr. SESSIONS. Mr. President, we Each of them takes a different ap- tection, and troop training missions. know what the situation is, and we are proach to funding the war in Iraq. I will vote for the Feingold/Reid The President’s so-called ‘‘surge’’ is a great nation. We are not at liberty to amendment, which I have cosponsored just another word for escalation. It has flip-flop around every time there is some change afoot in some polling and voted for several times this year. failed to set the lasting conditions for Feingold/Reid is the right approach data. We voted this summer 80 to 14 to peace. Violence, though down, still to begin to responsibly end the war, give General Petraeus a chance. We continues at horrifying rates. The var- and I will vote for it again today. ious Iraqi factions have made little funded the surge and we funded his new The second amendment is Levin/ progress towards political reconcili- strategy. At the time we did that, Reed, which I will also vote for. ation. The deadly rifts in that war-torn things were not going well in Iraq. We Finally, we will vote on the McCon- country have only grown deeper. The had a tough year, there is no doubt nell amendment, which I will strongly Iraqi government has done little to about it. In the last few months and in vote against. This amendment simply support the few encouraging trends the last few weeks, we have seen dra- does more of what congressional Re- like the willingness of some Sunni matic changes under the surge and publicans have done since the war groups to turn against the insurgency. under the classic counterinsurgency began: The only thing that is going to force strategy this brilliant general is con- It rubberstamps President Bush’s the Iraqis to come to terms—the only ducting. So I say let’s allow him to reckless management of the war that way to get Iraq’s neighbors involved in conduct this war. Let’s allow General has cost us so dearly in lives, limbs, bringing about peace there—is to make Petraeus, a proven leader, to do so. and treasure. clear that our country is not going to Let’s reject the tactical decisions of The debate over supplemental war be there forever. We cannot afford to ‘‘General’’ FEINGOLD and ‘‘General’’ funding is nothing new. spend more of our precious resources KENNEDY. We have a professional there Every year, President Bush comes to and to spill more of the precious blood who is achieving things beyond what I us demanding more and more funds for of our troops if the Iraqis will not take would have thought possible a few Iraq, with absolutely no account- responsibility for their own future. months ago, actually. I hoped and be- ability. This year, he requested a stag- There is a way to begin to right the lieved we were going to see progress, gering $200 billion for Iraq and Afghani- wrongs of the President’s failed policy but the extent of it is remarkable. stan. on Iraq. That better path involves ef- The last thing we need to do is to At a time when he and his allies in fective diplomacy and a strong signal take action to pull the rug out from Congress are telling us we can’t invest about our finite military presence in under the fabulous men and women in medical research, education, infra- Iraq, not this senseless waste of money who are serving us at great risk this structure, or public safety, they want and lives. The Feingold-Reid-Leahy very moment, whose highest and deep- billions and billions more for Iraq. Amendment offers the real promise of est wish is to be successful, to execute How will our country pay the bill for a long-term positive outcome for our the policy we gave them by a three- the Iraq war? A Cost that when all is security and the people of Iraq. I urge fourths-plus vote several years ago. done will likely exceed $2 trillion? The President has no idea. He has no the amendment’s adoption. I thank the Chair and reserve the re- The PRESIDING OFFICER. The Sen- mainder of the time. plan or intention to pay the bill. He is simply sticking it in a drawer like an ator from Vermont is recognized. The PRESIDING OFFICER. Who Mr. LEAHY. Mr. President, what is yields time? overdue credit card statement, leaving the time remaining? The Senator from Wisconsin is recog- it to our children and grandchildren to The PRESIDING OFFICER. Seven- nized. pay for generations to come. That is not just fiscal irrespon- teen seconds. Mr. FEINGOLD. Mr. President, I ask sibility, it is fiscal madness. But it is Mr. LEAHY. Mr. President, I ask unanimous consent that Senator CLIN- par for the course for a President who unanimous consent that we have 1 TON be added as a cosponsor of the inherited record budget surpluses from minute evenly divided added to the amendment. President Clinton and turned them time. The PRESIDING OFFICER. Without into record deficits. The PRESIDING OFFICER. Is there objection, it is so ordered. Every year, this war gets more ex- objection? Mr. FEINGOLD. Mr. President, I sug- pensive, and the American people de- Without objection, it is so ordered. gest the absence of a quorum. serve to know why. Mr. LEAHY. Mr. President, I came The PRESIDING OFFICER. The The answer is waste. The answer is here at the time of the Vietnam war. I clerk will call the roll. fraud. The answer is mismanagement. remember how people said maybe it The legislative clerk proceeded to The answer is incompetence. should end and maybe we should do call the roll. On President Bush’s watch, the com- something; the Vietnam war has gone Mr. MCCONNELL. Mr. President, I panies he chooses to do business with— on too long. We finally stopped it. I am ask unanimous consent that the order like Halliburton and Blackwater—have the only Vermonter ever to vote for the quorum call be rescinded. wasted billions and billions of our tax against the war in Vietnam. I voted The PRESIDING OFFICER. Without dollars. against funding for it, and the funding objection, it is so ordered. The President has allowed billions to failed in the Senate in April of 1975 by Mr. MCCONNELL. Mr. President, I be spent on buildings that were never one vote. The war ended. Two years urge my colleagues to oppose the Fein- built, projects that were never seen later, it was hard to find anybody who gold amendment. Simply put, this through, and contractor military oper- supported the war, even though we paid amendment mandates withdrawal from ations that did far more harm than for it for a long time. Iraq within 90 days, notwithstanding good. We have been in Iraq longer than we the substantial progress that even the That is why he asks for more every were in World War II. It is time to harshest critics acknowledge is occur- year—because he has grossly misspent bring our brave men and women home. ring there. Further, it cuts off funds the funds he has received.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.112 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15852 CONGRESSIONAL RECORD — SENATE December 18, 2007 This year, we have already passed a hero’s welcome they have so bravely our ability to address conditions in Af- $460 billion Defense budget—and this earned. ghanistan—and elsewhere—will be con- bill includes another $31 billion for Af- My fellow Democrats and I come to strained. ghanistan and troop protection. the Senate floor more times than I can The American people are rightly Democrats have fully funded the count to discuss the horrible cost of frustrated that more has not been done needs of our men and women in uni- the Iraq war on our troops, our na- to responsibly end the Iraqi war. form and given the President more tional security, and our reputation in I share that frustration. than enough to conduct the war and the world. But within the confines of a stub- begin to bring our troops home. We have lost nearly 4,000 young born, obstinate President and a Repub- But one thing we can’t control is his Americans. Tens of thousands more lican Congress that knows no other reckless financial mismanagement. have been gravely wounded. way but to carry his water, Democrats We have held hearings and brought As I have said already, hundreds of have made a difference—and a majority cases of waste and fraud to the light of billions of dollars have been spent— of Senators have consistently voted day. tens of billions have been recklessly with us. But ultimately, the inability to con- wasted—and the total price will climb Before Democrats controlled the Con- duct the war with the billions already into the trillions before all is said and gress, the Bush White House conducted allocated is no one’s fault but his. done. the war with total impunity. No dissent was tolerated. The patri- The President and his allies here in Our military has been stretched otism of those who raised questions Congress will doubtlessly push the paper thin. Colin Powell has said our was openly attacked. panic button and say that if we don’t Armed Forces are ‘‘about broken.’’ This year, Democrats have brought Every single one of our available approve the funds immediately, our the President’s recklessness into the troops will suffer. combat units is deployed to either Iraq harsh light of day. This argument is untruthful and be- or Afghanistan, leaving no strategic re- We forced the President to set bench- yond the pale. serves for other conflicts. marks for legislative and political Our Secretary of Defense, Robert And as the situation in Iran, the fal- progress and required regular reports Gates—a man for whom I have great tering of democracy in Pakistan, and on whether those benchmarks were respect—told Congress that the Army the escalating violence in Afghanistan being met. has enough money to get through the show, the world can evolve literally These reports have shown that the end of February and the Marines have overnight. surge has failed to reach the objective enough funds to get through mid- We must have the flexibility to reset forth by the President of political March. spond, but right now we do not. reconciliation. If President Bush hadn’t wasted un- Our troops are being forced into re- We forced General Petraeus to tes- told billions, our troops would be fund- peated deployments, and the length of tify—and he has said repeatedly that ed for far longer than that. those deployments has gotten longer. the war cannot be won militarily and If the President had followed the Military families are deeply strained, must be won politically. wishes of the American people by military mental health is suffering, We brought to light the Blackwater spending the funds we gave him to and the Armed Forces are reporting controversy and forced Eric Prince to wind down the war instead of ramp it problems with both recruitment and testify. up, the existing funds would be more retention. And we put an end to the duplicitous than sufficient. Just this week, General Casey ac- Republican practice of claiming to sup- But he didn’t. He ignored the calls of knowledged this problem, saying—‘‘We port the troops but failing to protect the American people to responsibly end are running the all-volunteer force at a them in the field or provide for them the war. And he should accept the con- pace that is not sustainable.’’ back home. sequences of his mistakes by finally Our National Guard is hamstrung in Do I feel that enough has been done? changing course. its efforts to keep us safe at home, be- Of course not. But let me be clear: Democrats will cause much of their equipment has Time after time, the Republican mi- never let our troops suffer for the been shipped to Iraq. Every natural dis- nority has had a choice: stand with the President’s misdeeds. aster, from fire to flood, reminds us of President or stand with the American Democrats always have and always this growing crisis. people. will support our courageous men and Yet for all the cost and all the cour- Each and every time, they have cho- women in uniform who have given so age of our troops, this war has made us sen the President. much and received so little in return. no safer. I urge my colleagues to reject the It is Democrats who insisted upon a Let me remind my colleagues of the McConnell amendment. The time for 3.5 percent across-the-board pay in- most recent National Intelligence Esti- zero accountability is long past. I urge my colleagues to embrace the crease for everyone in uniform, which mate, which found that al-Qaida has amendments offered by Senator FEIN- the President opposed. regrouped and is now directing oper- It is Democrats who made right the ations from Pakistan, stronger than GOLD and Senator LEVIN. Let’s send our troops and all Ameri- awful conditions at Walter Reed and ever. cans a holiday gift: a message that the other veterans’ health care facilities Bin Laden remains free, taunting and United States Congress is ready to that took place on this President’s threatening us with new videos. bring this war, now nearly 5 years long, watch. Afghanistan—once viewed as a great to its responsible end. military success—has spiraled out of It is Democrats who provided a $3.5 Mr. FEINGOLD. Mr. President, I ask control. billion increase for veterans’ health for the yeas and nays. care after Republicans underfunded it The opium trade there is at an all- The PRESIDING OFFICER. Is there a for years. time high, violence is at its highest sufficient second? It is Democrats who passed the level since American intervention, and There is a sufficient second. Wounded Warriors Act to honor our recent reports indicate that the The question is on agreeing to the servicemembers and their families. Taliban has vastly stepped up its ef- amendment. I think we have heard enough of the forts. The clerk will call the roll. tired old Bush-Republican scare tactics It is no wonder that this week has The legislative clerk called the roll. that Democrats are putting our troops brought new reports that a panicked Mr. DURBIN. I announce that the at risk. Bush administration is conducting a Senator from Delaware (Mr. BIDEN), The facts speak for themselves. top-to-bottom review to stave off all- the Senator from New York (Mrs. CLIN- We have always stood with our men out chaos in Afghanistan and the back- TON), the Senator from Connecticut and women in uniform. We always will. slide of all past gains. (Mr. DODD), the Senator from Cali- But unlike Republicans, we believe I welcome this review. But as long as fornia (Mrs. FEINSTEIN), and the Sen- that truly supporting our troops means more than 160,000 troops remain caught ator from Illinois (Mr. OBAMA) are nec- beginning to bring them home to the in the crossfire of the Iraqi civil war, essarily absent.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.029 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15853 The PRESIDING OFFICER. Are there of Rhode Island, Mr. SMITH, and Mr. nounced by President Bush last Janu- any other Senators in the Chamber de- SALAZAR, proposes an amendment numbered ary. President Bush said the surge’s siring to vote? 3876 to amendment No. 3874. purpose was to give the Iraqi Govern- The result was announced—yeas 24, Mr. LEVIN. Mr. President, I ask ment ‘‘the breathing space it needs to nays 71, as follows: unanimous consent that further read- make progress in other critical areas’’ [Rollcall Vote No. 437 Leg.] ing of the amendment be dispensed and that ‘‘reducing the violence in YEAS—24 with. Baghdad will help make reconciliation The PRESIDING OFFICER. Without Akaka Harkin Murray possible.’’ Boxer Kennedy Reid objection, it is so ordered. The amendment is as follows: The President also said ‘‘America Brown Kerry Rockefeller will hold the Iraqi government to the Byrd Klobuchar Sanders (Purpose: To express the sense of Congress Cantwell Kohl Schumer on the transition of the missions of United benchmarks that it has announced.’’ Cardin Lautenberg Stabenow States Forces in Iraq to a more limited set Well, the administration has not done Durbin Leahy Whitehouse of missions as specified by the President on what it said it would do—hold the Iraqi Feingold Menendez Wyden September 13, 2007) Government to the benchmarks that it, NAYS—71 At the appropriate place, insert the fol- the Iraqi Government, has announced. Alexander Dole McCaskill lowing: Those legislative benchmarks include Allard Domenici McConnell SEC. . It is the sense of Congress that the approving a hydrocarbon law, approv- Barrasso Dorgan Mikulski missions of the United States Armed Forces ing a debaathification law, completing Baucus Ensign Murkowski in Iraq should be transitioned to the more the work of a constitutional review Bayh Enzi Nelson (FL) limited set of missions laid out by the Presi- Bennett Graham Nelson (NE) committee, and holding provincial Bingaman Grassley dent in his September 13, 2007, address to the Pryor Nation, that is, to counterterrorism oper- elections. Those commitments, made Bond Gregg Reed ations and training, equipping, and sup- 11⁄2 years ago, which were to have been Brownback Hagel Roberts Bunning Hatch Salazar porting Iraqi forces, in addition to the nec- completed by January of 2007, have not Burr Hutchison Sessions essary mission of force protection, with the yet been kept by the Iraqi political Carper Inhofe Shelby goal of completing that transition by the end leaders despite the breathing space the Casey Inouye of 2008. Chambliss Isakson Smith surge has provided. Snowe Coburn Johnson Mr. LEVIN. Mr. President, our Despite the breathing space the brave Cochran Kyl Specter amendment expresses the sense of the Stevens men and women wearing our uniform Coleman Landrieu Congress that we should have a goal for Collins Levin Sununu have provided the Iraqi leaders, despite Conrad Lieberman Tester the removal of most of our forces in a the breathing room and the breathing Corker Lincoln Thune reasonable time mainly as a way of space which young men and women Cornyn Lott Vitter telling the Iraqi leaders they must ac- Craig Lugar Voinovich putting their lives in harm’s way on Crapo Martinez Warner cept responsibility for their own fu- behalf of this Nation to give the Iraqis DeMint McCain Webb ture. Our amendment expresses the an opportunity to create a nation, they NOT VOTING—5 sense of the Congress. It is not legally have not used that breathing space. binding, but it puts us on record, and it Biden Dodd Obama And as a matter of fact, the Iraqi lead- Clinton Feinstein sends a message. It says it is the sense ers appear to be farther apart today of the Congress that: The PRESIDING OFFICER. On this than they were at the start of the The United States Armed Forces in Iraq surge. vote, the yeas are 24, the nays are 71. should transition to the more limited set of Under the previous order requiring 60 missions laid out by President Bush in his The Iraqi political leadership’s re- votes for the adoption of this amend- September 13, 2007, address to the Nation— sponse to the breathing space provided ment, the amendment is withdrawn. counterterrorism operations and training, by the surge has been stunning inac- The Senator from Vermont. equipping, and supporting Iraqi forces— tion. The Iraqi Parliament has sus- Mr. LEAHY. Mr. President, what is And we add— pended its session until the New Year, the parliamentary situation? in addition to the necessary mission of force thus ensuring that not 1—not 1—of the The PRESIDING OFFICER. Under protection, with the goal of completing that 18 legislative benchmarks that they the previous order, the Senator from transition by the end of 2008. committed to meet will be met this Michigan is recognized to offer an The primary aim of this amendment year. The President’s statement that amendment. is to keep the pressure on the Iraqi he will hold the Iraqi Government to Mr. LEAHY. And, Mr. President, is politicians to do what only they can the benchmarks it has announced is there a time allotted on the amend- do: Work out compromises, as they hollow rhetoric. To date, there have ment of the Senator from Michigan? promised to do long ago—to com- been no consequences for Iraqis’ fail- The PRESIDING OFFICER. There is promise the differences which divide ures to meet those benchmarks. 1 hour. them so as to ensure the currently rel- Whether the Iraqi political leaders Mr. LEAHY. Equally divided in the atively calm situation in many parts of decide to take advantage of this win- usual fashion? Iraq, including Baghdad, remains calm. dow of opportunity is, of course, their The PRESIDING OFFICER. Equally Our sense of Congress language is decision. The United States cannot divided. aimed at pressuring the Iraqi politi- make that decision for them. They are Mr. LEAHY. I thank the Chair, and I cians to seize the window of oppor- a sovereign country and have to decide yield the floor. tunity, as General Odierno put it, to what is best for themselves. But wheth- the PRESIDING OFFICER. The Sen- avoid a return to the violence that er the United States keeps an open- ator from Michigan. characterized the presurge period. ended commitment or establishes a AMENDMENT NO. 3876 TO AMENDMENT NO. 3874 The New York Times, in a story on goal for redeployment of most of our Mr. LEVIN. Mr. President, I send an December 5, quoted Iraqi Deputy Prime forces is our decision. That is not the amendment to the desk on behalf of Minister Chalabi as saying about the Iraqis’ decision. They can decide myself, Senator REID, Senator present situation in Iraq: ‘‘It is more a whether to live up to the commitments VOINOVICH, Senator HAGEL, Senator cease-fire than a peace.’’ Well, we need they made to themselves and to us— SNOWE, Senator REED, Senator SMITH, to make it clear to those Iraqi political solemn commitments, as far as I am and Senator SALAZAR, and ask for its leaders that a cease-fire is not good concerned, because it involves the lives immediate consideration. enough. They must take the steps to of American troops. Those solemn com- The PRESIDING OFFICER. The turn that cease-fire into a real peace. mitments have not been kept. We can- clerk will report. From all accounts, the surge has al- not force them to keep them, but we The assistant legislative clerk read ready produced some military progress. can decide whether we are going to as follows: The problem is that while the surge maintain an open-ended commitment The Senator from Michigan [Mr. LEVIN], has, up to this point, achieved some of our troops. for himself, Mr. REID of Nevada, Mr. military progress, it has not accom- Mr. President, how much time do we VOINOVICH, Mr. HAGEL, Ms. SNOWE, Mr. REED plished its primary purpose, as an- have?

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.032 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15854 CONGRESSIONAL RECORD — SENATE December 18, 2007 The PRESIDING OFFICER (Mr. tinction proposed by the House to fund and benefits to include support for our BROWN). The Senator from Michigan only those troops that are assigned to wounded warriors and death gratuities; has 24 minutes. Afghanistan. In my view, it is uncon- $50.2 billion for operation and mainte- Mr. LEVIN. I yield myself 3 addi- scionable for Congress to send the mes- nance activities to include fuel, spare tional minutes. sage to our troops that they will only parts, transportation, and equipment According to our own State Depart- get what they need if they are lucky maintenance, including $500 million for ment, the key threat to our effort in enough to be assigned to fight the war the commander’s Emergency Response Iraq is the failure of the Iraqi political in Afghanistan. What if they were as- Program, $1.4 billion for body armor leaders to reach a political settlement. signed to Iraq? Should they go without and personal protection equipment, Listen to what the State Department funds? and $9 billion for depot maintenance said in its own weekly status report of I believe it is our duty as Senators to funding to reset equipment and main- November 21, 2007. This is our State De- support the troops in the field and pro- tain force readiness. partment: vide them all the resources they need This amendment also provides funds Senior military commanders [U.S. com- to complete the mission they have been to continue our efforts to train and manders] now portray the intransigence of assigned. Unlike us, they do not get to equip the Iraqi and Afghan security Iraq’s Shiite-dominated government as the choose which battle they fight. They forces. That funding is critical so that key threat facing the U.S. effort in Iraq go where duty calls, without hesi- the elected governments in those coun- rather than al-Qaida terrorists, Sunni insur- tation. tries can effectively provide for their gents or Iranian-backed militias. Senator INOUYE and I were in Iraq own security and our troops can come Let me read that once again. This is during the Thanksgiving recess, and I home. our State Department saying what is can tell the Senate that the troops are There is also $4.3 billion for the Joint the key threat to our forces in Iraq. watching what is going on right here. Improvised Explosive Devise Defeat What they are saying is that it is not They will get the message over there, Fund which will help our troops detect the Iranian-backed militias, it is not and if the House amendment is ap- and defeat the No. 1 killer of our troops the Sunni insurgents, it is not the al- proved, it will be a real blow to the mo- in Iraq—the IEDs, the improvised ex- Qaida terrorists; the key threat facing rale of our forces. This particularly plosive devices we have heard so much the U.S. effort in Iraq, according to our concerns me, that some of my col- about. State Department, is ‘‘the intran- leagues would consider cutting off Mr. President, $6.1 billion is included sigence of Iraq’s Shiite-dominated gov- funds in Iraq at a time when we are for the procurement of equipment, am- ernment.’’ starting to see real progress and rec- munition, vehicles, missiles and air- We have to break that intransigence. onciliation. craft, including $946 million for Army How can Congress do it? How do we put I listened to the comments made by aircraft, $3.46 billion for Army vehicles pressure on the Iraqi political leaders? the Senator from Arizona, Mr. MCCAIN. and equipment, $703 million for Marine At a minimum, by at least expressing I am really pleased to see his strong Corps vehicles and equipment, and $266 our view that U.S. forces in Iraq should approval of the funding of our troops million for special operations forces transition to a more supporting and a that are deployed in harm’s way. equipment. less direct role, with a goal—a goal, In March, Ambassador Crocker and The amendment also includes $1 bil- just a goal—of completing that transi- General Petraeus will be testifying be- lion for the Defense Working Capital tion by the end of 2008. The message fore Congress to give us their assess- Fund, which includes $587 million to the Iraqi political leaders need to hear ment of the situation in Iraq. We know reset prepositioned stocks stationed is that Congress has lost patience with General Petraeus’s plans are working. around the world, which greatly en- them, as have the American people. By To withhold funding now would only hances our Nation’s ability to respond their own Prime Minister’s acknowl- invite defeat and step back from the to contingencies, and we have forces in edgment, a political solution is the progress that has been hard fought and 141 different—I ask for 1 more minute. only way to end the conflict, and end- won over the last few months. The PRESIDING OFFICER. The Sen- ing the conflict is in their own hands. I have urged Congress for quite some ator from Alaska. I wish we could legislate a legally time to approve this funding and allow Mr. STEVENS. It also provides $141 binding way forward for U.S. forces in progress to continue until we hear million for increased fuel costs, $3.7 Iraq. We have tried to do that. We have from our leaders on the ground in Iraq. billion to continue to enhance our in- not been able to break the filibuster, to The funds that are sent—the President telligence activities in the theater, $600 get to 60 votes. But at least expressing sent us the request for these funds 10 million for the Defense Health Pro- the sense of the Congress on this mat- months ago. For the past 3 years, the gram to provide for the care and recov- ter is better than silence because si- Committee on Appropriations has in- ery of our wounded servicemembers, lence implies acquiescence in the open- cluded bridge funding as part of the an- and $193 million for counterdrug activi- endedness of our presence. It is that nual appropriations bill to cover the ties to curb production of opium in Af- open-ended commitment which takes cost of war, until a supplemental bill ghanistan. the pressure off the Iraqi political lead- was passed in the following year. This Without these funds, the Department ers, and Congress needs to act to cor- amendment would continue what Con- of Defense would be forced to pay for rect that. Our amendment is a small gress has done in prior years by pro- the cost of war out of the regular DOD but important step in that direction. viding funds to cover the cost of con- moneys we have already appropriated. The PRESIDING OFFICER. Who tinued operations, including special This cost of this war is approaching $15 yields time? pay and subsistence to our troops, fuel, billion a month, with the Army spend- Mr. STEVENS. Mr. President, I yield transportation, supplies, and equip- ing $4.2 billion of that every month. myself 5 minutes from the time on this ment reset and procurement. Without relief, the Army will totally side. The amendment is intended to cover deplete their 2008 operations and main- The PRESIDING OFFICER. The sen- half-year costs for keeping troops in tenance funding by mid-February. ior Senator from Alaska is recognized. the field. It also provides resources to I urge the Senate not to take the risk Mr. STEVENS. Mr. President, I do provide critical force protection equip- that our troops in the field will not not support the Levin amendment. I ment, including body armor, helmets, have those resources they need in time rise in strong support of the amend- armor plate for vehicles, and aircraft to complete the mission they have been ment offered by our leader, Senator survivability equipment. assigned. I urge the Senate to support MCCONNELL, and the Senator from Con- There is also other equipment pro- the McConnell-Lieberman amendment. necticut, Mr. LIEBERMAN. That amend- curement funding to reset our forces I ask to have a chart showing the $70 ment will provide the Department of returning from theater. This includes billion bridge fund, as I tried to out- Defense and our deployed military per- buying down shortfalls for the National line, printed in the RECORD. sonnel the resources they need to con- Guard and Reserve units. Specifically, There being no objection, the mate- tinue the mission they have been as- the McConnell-Lieberman amendment rial was ordered to be printed in the signed. It will also eliminate the dis- would provide $1.1 billion military pay RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.129 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15855 $70 BILLION BRIDGE FUND the beginning of the war. I was quite This week, it was announced that the $1.1 billion for military pays and benefits taken with a quote from Condoleezza Iraq Government is ready to take over to include support to wounded warriors, and Rice recently, who said, ‘‘I wish we had local security groups, with our support. death gratuities. known more about Iraq before we went This is an important step, and it is a $50.2 billion for operation and maintenance in.’’ step in the right direction. We need to activities to include fuel, spare parts, trans- While in Iraq in August, I witnessed portation, and equipment maintenance in continue in this direction. We need to the field and at our national depots. a great deal of progress on the ground. make it our goal. We need to let the Provides $500 million for the Commander’s That gave me encouragement. How- Iraqis know that they must take more Emergency Response Program. ever, I was also convinced that it would responsibility for their own security. Provides $1.4 billion for Body Armor and not be possible to sustain the current We must make it clear to them that Personal Protection Equipment. level of troops and funding for Iraq we spent over $550 billion, that we have Provides $9.0 billion of Depot Maintenance over the long term without damaging lost almost 3,900 individuals, 26,000 peo- funding to reset equipment and maintain our national security and long-term ple have been wounded over there, and force readiness. Provides for the transfer of $110 million to fiscal health. half of them are going to be disabled the Coast Guard for support to GWOT. As stated before, I believe we need to for the rest of their lives. Provides $300 million for Coalition Sup- implement a plan to reduce our mili- We have paid a tremendous price. It port. tary presence in Iraq and focus the re- is time for them to step up to the table $2.9 billion to continue our efforts to train maining military presence on a more and start doing more for themselves. I and equip the Iraqi and Afghan security limited role. This is clearly the plan support this amendment so Congress forces. General Petraeus is implementing now, can send that message that we are not $4.3 billion for the Joint Improvised Explo- and it is the stated goal of the Presi- simply funding a never-ending conflict sive Device Defeat Fund to help our troops dent, as mentioned in the Levin detect and defeat the number one killer of in Iraq, we have a goal of reducing our our troops in Iraq. amendment, supported by Secretary presence there, and we are working to- $6.1 billion for procurement of equipment, Gates and others who are concerned ward it. ammunition, vehicles, missiles, and aircraft. about our force level, and that we need I hope my colleagues realize the sen- Includes $946 million for Army Aircraft; more troops in Afghanistan. I have sibility behind this very simple piece of and $3.46 billion for Army vehicles and equip- been working with Senator LEVIN for legislation and join me in supporting it ment. several months now to come up with a today. Includes $703 million for Marine Corps ve- piece of legislation that could secure The PRESIDING OFFICER. The Sen- hicles and equipment. Provides $266 million for Special Oper- bipartisan support in the Senate and ator from Virginia. ations Forces equipment. send a message to the President and Mr. WARNER. Mr. President, it had $1.0 billion for the Defense Working Capital the world that the Congress intends to originally been established that I Funds. exercise oversight to ensure we are would speak now, but I am going to Includes $587 million to reset Prepositioned making progress toward this goal. I yield the time I have to the distin- Stocks stationed around the world and have been careful to avoid supporting guished Senator from South Carolina greatly enhances our nations ability to re- any measure that I thought would hurt for 5 minutes. sponse to contingencies. our troops in any way, tie the hands of The PRESIDING OFFICER. The Sen- Provides $141 million for increased fuel ator from South Carolina is recognized. costs. our brave commanders in the field, or $3.7 billion to continue and enhance our In- prevent the President from responding Mr. GRAHAM. Mr. President, I say to telligence activities in theater. to the situation on the ground. my friend from Virginia, thank you. I $600 million for the Defense Health Pro- In September, I introduced a bill do hope you will take an opportunity gram to provide for the care and recovery of with Senators ALEXANDER, COLEMAN, to speak because your voice needs to be our wounded service members. and DOLE to strive for a goal to reduce heard. $193 million for Counter-Drug activities. our military presence. We had bipar- I say to my good friend Senator Mr. STEVENS. I also thank my col- tisan support for that, but Senator LEVIN, we have had a number of leagues for their continued support of LEVIN and I had a problem with the chances to work together. I am afraid the troops in the field. date. Unfortunately, it fell by the way- this is not one of those moments. I yield the floor. side. What does all of this mean if this lan- The PRESIDING OFFICER. Who I support the Levin amendment, and guage passes? The bill will get vetoed. yields time? The senior Senator from I am a cosponsor to this legislation be- And when you read the language, what Virginia is recognized. cause I believe it is a very simple piece is so bad about it? I know the intent of Mr. WARNER. Mr. President, if I of legislation that accomplished the the author is to try to make Iraq a bet- could get the attention of the distin- goals we all share. It sends the message ter place, and he said for as long—I do guished chairman, might it be advis- that we support the President’s de- not want to misquote him—as long as able that we rotate sides? I will be clared goal of reducing our presence in you have this many troops in Iraq, happy to follow a colleague on your Iraq over time so we can play a more they are not going to do what they side for purposes of this debate. supportive role, bring our forces home, need to do politically. They use the Mr. LEVIN. Fine. That is fine with and reduce the burden on our military. troops as a crutch. I think that is the us. I yield 5 minutes to the Senator It is a sense of Congress and will not general theme, that we need to some- from Ohio, and we will come back to bind the President in any way or tie how let the Iraqi Government know we you. the commanders’ hands in the field. It are not going to be there forever with Mr. WARNER. Fine. The Senator is supported by the President’s own de- this number of troops. You need to step from Ohio is in support of the amend- clared goals and that of his com- up to the plate, generally speaking. I ment of the Senator from Michigan? mander, General Petraeus—who is think that is your view of how to put Mr. LEVIN. That is correct. doing, by the way, an incredible job. It pressure on the Maliki government to Mr. WARNER. Mr. President, I ask provides a goal for limiting our role in reconcile, but, again, I will let you that I be recognized following the Sen- Iraq, and that goal is to end at the end speak for yourself. ator from Ohio for 5 minutes. of next year. But, unlike other past My view is that the lack of security The PRESIDING OFFICER. Without legislation, this date is not legally has been the biggest impediment to objection, it is so ordered. binding and would allow the President reconciliation, and the security The Senator from Ohio is recognized. to respond according to the security changes in Iraq give us the best hope Mr. VOINOVICH. Mr. President, I conditions on the ground. we have had in 4 years of finding a way rise today to speak in favor of the I believe this amendment will not forward politically in Iraq. If we Levin amendment on Iraq. As my col- hurt our aspirations in Iraq in any way change by word or deed or perception leagues know, I have long supported a but will actually help our President our commitment to the military strat- greater level of oversight in the war in and General Petraeus, who are striving egy that is currently working, we Iraq. Many of us feel we should have now to hand over more responsibility would be undercutting our best chance done a better job of force oversight at to the Iraqis. for reconciliation.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.034 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15856 CONGRESSIONAL RECORD — SENATE December 18, 2007 This amendment, this sense-of-the- ment could essentially begin a rec- Those are three discrete missions Senate amendment, does not do any- onciliation among its own people, that can be done, should be done. There thing positive. It sends the signal I begin to function effectively. Little or is no attempt in this amendment to cut have been trying to avoid for well over none of that has happened. off funding. There is an attempt, a year now. For 31⁄2 years we had the What has happened is that the vio- though, to focus our policy on a strat- wrong strategy. Finally we have the lence has been reduced. That is com- egy that will work over time. What we right strategy, and in my opinion, the mendable. It is attributable to several have here is no simple situation in best, sensible thing the Senate could do factors; first, the increase of American which you have got an al-Qaida rogue is allow the surge to go forward with- forces there and the way they have group we are going after. This is a very out any interference, give General been deployed very adroitly by our complicated situation. Petraeus and those under his command military commanders; secondly, the Ultimately at the heart of this, it is what they need to finish the job. They fact that coincidentally but pro- a political struggle between Sunni, have done a wonderful job. We are pitiously in Anbar Province, Sunni Shia, and Kurds; Sunnis, who feel a going into the holiday season here and tribesmen have finally figured out that profound sense of entitlement which every American, every political leader, al-Qaida is as much a threat to them as has been frustrated by our operations should celebrate what I think has been to anyone else, particularly Americans. over there, and the departure of the the most outstanding military oper- They have banded together with us to Baathist regime; Shia, who feel pro- ation in counterinsurgency history, attack al-Qaida elements there. How foundly paranoid because they suffered and we should not have any more de- long that relationship of convenience grievously under that regime; and bates about that. It is a fact now. We lasts is a question that has not been re- Kurds, who want their autonomy. should support it without reservation. solved. These political forces have to be set- This amendment, the sense of the Within Baghdad, there has been sig- tled. They will only be settled inter- Senate, will send a confusing signal nificant ethnic cleansing. In fact, we nally by the Iraqis standing up. This about what we intend to do militarily. recall just weeks ago, refugees started amendment will help direct that pol- The Senate, in my opinion, should not coming back. They were told by the icy, force them to recognize we are not try to change the mission. The mission Government in Baghdad: Do not come there indefinitely with a blank check. is to win. Very simply put, what is my back. You are going to provoke an- It will also guide our forces to missions goal in Iraq? My goal is to win a war other destabilizing situation. That eth- that we can perform, that will be es- we cannot afford to lose, to have a nic cleansing is one other factor. sential to our security and will allow Sadr, the leader of the Shia in the military footprint in Iraq as long as it us, I believe, to do what we can to help South, one of the purported leaders in takes to keep al-Qaida on the run, and that country stabilize itself. the South, has basically told his Mahdi This is a message. It is a message to when we come home, which we surely army to stand down for 6 months so he the troops that we are going to adopt a will, to come home with victory in can reorganize, so he can regroup, so wise, sustainable policy that is worthy hand and let the military commanders when he feels the moment is right he is of their sacrifice. It is a message, I who are not worried about the 2008 in a much more powerful position to hope, to the President that he cannot election decide when that transition strike. should take place. Quite frankly, as Then the administration has finally come back here every 6 months and ask much as I love my colleagues in this embraced some diplomatic efforts; for 5, 10, 50, 70, 80, $100 billion. It is a body, I do not trust anybody, including quietly, I think, with the Iranians, message to the Iraqi politicians that myself, to transition this mission other much more publicly with the Syrians they must seize this moment. than General Petraeus. and others. All of those factors to- I urge passage. This statement will be seized upon by gether have contributed to this reduced The PRESIDING OFFICER. Who people who are following this bill very violence. yields time? closely and will send all of the wrong But here is one of the most signifi- Mr. WARNER. Mr. President, I yield signals, and that is why it will be ve- cant and salient facts we have to recog- 5 minutes to the distinguished Senator toed. The most sensible thing the Sen- nize: The surge is over. Our force struc- from Connecticut. ate could do, and we should have done ture will not allow a continuation of Mr. LIEBERMAN. I thank my friend this 4 or 5 months ago, is allow the 160,000 American forces in Iraq beyond from Virginia. surge to go forward without political the middle of this year, beyond this I rise to support the amendment I am interference. This is not the time to summer. That is not because some poli- privileged to cosponsor with the Sen- take command of the operation in Iraq tician in Washington said so, that is ator from Kentucky, Mr. MCCONNELL, from General Petraeus and his com- because the Chairman of the Joint which would give our troops, General mand team and give it to the Senate. Chiefs of Staff, because the Chief of Petraeus in the field, the funding they I hope and pray we will allow the Staff of the Army understand that the need to carry on the fight they are car- surge to be funded, to go forward, and operational tempo will not allow that. rying on so successfully. to achieve the goal that is in the na- The question before us is: Well, what As a result, I rise to oppose the tional interest of the United States, is the strategy now? Is the strategy amendment introduced by my friend and that is victory, victory over extre- coming here and asking for billions of from Michigan and others. Nine mism and support of moderation. So dollars every 3 or 4 months? Asking for months ago, when General Petraeus this attempt at making a political troops that cannot be actively or effec- took command in Baghdad, people of statement is ill-advised, comes at the tively provided, because our force good conscience could disagree about wrong time, sends the wrong signal. structure is too small? whether his new counterinsurgency The most sensible thing the Senate The essence of this amendment, an strategy would succeed, unless you de- could do is reject this and allow our amendment that Senator LEVIN and I cided that everything was lost in Iraq military commanders to transition and others have been pursuing for or it did not matter if we lost in Iraq. based on facts on the ground, not the months now, is to focus on a strategy I think most of us do not feel that way. next poll or the next election. that can be sustained and supported so We know it would matter, because we I yield the floor. we can do what we must do. That strat- are engaged in a battle with al-Qaida, The PRESIDING OFFICER. Who egy, in our view, boils down to three the same al-Qaida that attacked us on yields time? very specific missions: Go after the ter- 9/11, and Iran, the most significant Mr. LEVIN. Mr. President, I yield 5 rorists, the al-Qaida people, wherever state sponsor of terrorism, according minutes to the Senator from Rhode Is- they are; train Iraqi security forces to to our own State Department, sup- land, Mr. REED. support their country, because ulti- porting militias and extremists in Iraq. Mr. REED. Mr. President, Senator mately the Iraqi people and their lead- So it matters. LEVIN has very eloquently pointed out ers will decide whether their country But 9 months ago, people who cared the premise of the President’s surge will survive and prosper, not American about whether we won or lost in Iraq strategy; that was to provide the polit- forces; and, finally, protect our forces could argue about whether the surge ical space so that the Iraqi Govern- on the ground. strategy would work. After so many

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.133 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15857 mistakes, frankly, in the conduct of lowed by perhaps a minute and a half amendment who are also going to vote the war in Iraq, many Americans, by the Republican leader, and then for the McConnell amendment. There many Members of this Chamber, were that way we can yield back time. I will is no inconsistency whatsoever be- understandably skeptical about the proceed to give my comments. tween sending our troops the funding possibility of this new counterinsur- I say to my good friend from Michi- which has been requested and having a gency strategy succeeding. gan that I picked one word out of his goal for the transition of their mission Now, however, the evidence is un- very impressive opening comments. I to something which gets them out of equivocal. I will say it is remarkable. agree with his opening comments the middle of a civil war. That is the In some cases it is downright miracu- about the tragic situation by which the one point I wish to make immediately lous. The surge is working. As a result, leadership in Iraq, their legislative to my good friend from Virginia. it is time to support General Petraeus, body, has failed to act. I yield 4 minutes to the Senator from his plan, and his troops, not to second But one word you said impressed me, California. guess, not to editorialize about it, not and that is ‘‘military progress is being Mrs. BOXER. Mr. President, it seems to add conditions or goals to it. made.’’ That is an exact quote you to me if you want to liberate the Iraqi Let’s do something that we in Con- used. You felt if we didn’t speak by people, then you give them back the gress do not do very well, which is to adopting your amendment, there would country and you let them know that is remain silent in the face of something be silence. I say to my good friend, the what this is all about. We have been that is working. With all respect, the amendment by the distinguished Re- there 1 year, 2 years, 3 years, 4 years, 5 Levin amendment is a classic case of publican leader and the Senator from years. We have spent a half a trillion snatching defeat from the jaws of vic- Connecticut, the McConnell-Lieberman dollars; 3,893 of our own killed, 28,711 wounded. Is this forever? I went tory, because we are on the road to vic- amendment, will send a very strong through the period of time in the Viet- tory in Iraq. message. Were we to adopt your The extra American troops have amendment, it would be in conflict nam war where the people of this coun- played a critical part, the broad-scale with that message. That is my concern. try stood up and said: Enough is enough is enough. It seems to me what counterinsurgency strategy. And what Therefore, I must say, I strongly sup- Senator LEVIN is doing—and I am so has happened? Violence is down. I port the McConnell-Lieberman amend- proud he has bipartisan support, Sen- think this number has been cited, but ment. I hope that will be voted on very ators HAGEL, VOINOVICH, SNOWE, this week, MG Joseph Fil, who is the shortly. I do believe, in all sincerity, SMITH—is good. This shows we are be- commander of our operations in Bagh- your amendment would send a con- ginning to cross over party lines, which dad, said that attacks in the capital flicting message. That message could is so important, and say: It is time the city have fallen nearly 80 percent since be exceedingly troublesome. People mission changes. November of 2006; murders in Baghdad don’t understand the phraseology My dear friend from Virginia talks Province are down by 90 percent over ‘‘sense of the Senate.’’ Al-Qaida would about the Brits. This is exactly what the same period; and vehicle-borne simply clip that off and then announce the Brits have already done. They are bombs which have killed so many of that we are going to leave in Decem- getting out. They have turned the keys our troops and the Iraqi people have ber, irrespective of the facts on the of the city over to the Iraqis. They are dropped by 70 percent. ground. Furthermore, we have not been ahead of us. In many ways, this resolu- There is a people’s uprising occurring in this fight alone. We put together a tion tracks what they have done. I read in Iraq today. It started with the awak- coalition of forces, a coalition of na- it. It is very simple. It is a sense of the ening in Anbar. It has now gone on to tions, primarily Great Britain and oth- Congress that the missions of the U.S. Baghdad and other provinces through- ers, Poland. So far as I know, there has Armed Forces should be transitioned to out the country. I know those sponsors been no consultation with respect to a more limited set—counterterrorism, of this amendment have said they want your amendment to announce a goal by training, equipping, supporting Iraqi to send it as a message to the Iraqi na- December of next year with those other forces, and force protection. Yes, we tional political leadership to get with fighting forces that, while they are are sending a message to the Maliki it, to reconcile. Of course, we are all smaller in number, are no less impor- Government, get your act together be- frustrated by their lack of progress in tant as a symbol of the united effort of cause we are not going to be here for- doing that. A lot of us thought that the many nations to achieve, first, sov- ever. The American people are gen- political changes in Iraq would come ereignty in Iraq, which has been a won- erous and good people. But there is a from the top down. But what has hap- derful goal that has been achieved, and limit to how much they can give in pened is something not to disparage, now to enable that country to take its terms of blood and treasure. not to ignore. What has happened is place rightfully in that region and be a It is true that many people sup- classically democratic, in the best tra- strong voice for freedom and to fight porting this resolution are going to ditions of America. The political al-Qaida. vote for the McConnell amendment. I changes in Iraq are coming from the I say to my friend, I will have to op- will not be one of them. I wish to speak bottom up, from the grassroots up. pose his amendment because it would against it for my remaining time. I Local councils are governing in area send a totally conflicting message with have a list of what we have already after area. The local people have taken the underlying amendment, which is a spent. A half a trillion dollars, that is charge of their destiny. They have very significant appropriation of funds what we have already spent, and we are kicked out al-Qaida. They have kicked to continue, as you say, in your very about to go well over that mark, to- out al-Qaida because they decided that words, the ‘‘progress’’ of the military ward a trillion dollars. There comes a al-Qaida was their enemy. And we, so far. time when we have to ask ourselves: much to their surprise, turned out to I yield the floor. What are we doing in Iraq? If you listen be their friends, their supporter. They The PRESIDING OFFICER. Who to the President, it is to bring freedom. understand we do not want conquest in yields time? He said it was the weapons of mass de- Iraq. We want to liberate them from Mr. LEVIN. Before I yield to the Sen- struction. Then he changed that. He the forces of extremism. The same is ator from California, let me respond said it was to get Saddam. We got Sad- happening throughout the country. briefly to my friend from Virginia. dam. Then he changed it. He said we I urge my colleagues, let success There is no inconsistency between vot- have to have free and fair elections. alone. Let it work. Oppose the Levin- ing to adopt a sense-of-the-Senate reso- They had two. He said we have to re- Reed amendment and support the lution expressing as a goal, nonbinding, construct. We are spending money to McConnell-Lieberman amendment. that we complete a transition to a reconstruct. I yield the floor. more limited mission, a mission which It is now time to say enough is The PRESIDING OFFICER. Who the President says he wants to transi- enough. I think the Levin resolution is yields time? tion to by the end of next year and at not putting into place binding dead- Mr. WARNER. Mr. President, I think the same time voting for the McCon- lines. It is merely saying to the Iraqi I can almost speak for our side with nell amendment. There will be many Government we want them to step up certainty. I have a few comments, fol- Senators voting for the Levin-Reed to the plate.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.135 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15858 CONGRESSIONAL RECORD — SENATE December 18, 2007 If my colleagues want to be seen as The PRESIDING OFFICER. Who Depot Maintenance ...... 7,840,027 occupiers, vote against this amend- yields time? Total, O&M, Army .... 35,152,370 ment because that is what is hap- The Republican leader is recognized. Operation and Mainte- pening. We are seen as occupiers, when Mr. MCCONNELL. Mr. President, if nance, Navy: we want to be seen as liberators. If you we want a Presidential signature on Operating Expenses ...... 2,971,658 want to be seen as liberators, you do the Omnibus appropriations, thereby Body Armor and Per- what the Brits did. This is exactly finishing our work this year, we need sonal Protection Items 175,000 Depot Maintenance ...... 407,342 what Senator LEVIN is doing. I am to defeat the Levin amendment and ap- Coast Guard Support ...... 110,000 pleased to support this. I will be voting prove the McConnell amendment, no on McConnell. which will come shortly after the Total, O&M, Navy .... 3,664,000 I thank the Chair and yield the floor. Levin amendment. The McConnell Operation and Mainte- The PRESIDING OFFICER. Who nance, Marine Corps: amendment provides $70 billion for our Operating Expenses ...... 3,000,000 yields time? troops, whether they are in Afghani- Wounded Warrior, En- Mr. WARNER. Mr. President, I be- stan or Iraq, without any strings at- hanced Soldier and lieve we are about ready to vote on this tached, without any stipulations. The Family Support ...... 100,000 side. We are going to have our leader key to finishing our work this year Body Armor and Per- speak for a minute, and then we can sonal Protection Items 375,000 successfully lies in defeating the Levin Depot Maintenance ...... 490,638 proceed. I simply, once again, say to amendment and approving the McCon- my distinguished colleague from nell amendment. Total, O&M, Marine Michigan, while we are waiting for the Mr. President, I ask unanimous con- Corps ...... 3,965,638 Republican leader, with due respect, sent that an explanatory statement be Operation and Mainte- nance, Air Force: this will send a very conflicting mes- printed in the RECORD. sage. If the Senate acts upon this ap- Operating Expenses ...... 4,060,814 There being no objection, the mate- Body Armor and Per- propriations tonight favorably, as I an- rial was ordered to be printed in the sonal Protection Items 400,000 ticipate it will, coupled with your mes- RECORD, as follows: Depot Maintenance ...... 317,186 sage, it could be misconstrued. There- EXPLANATORY STATEMENT SUBMITTED BY Total, O&M, Air fore, I strongly urge that the Senate SENATOR MCCONNELL, SENATOR STEVENS, accept the McConnell-Lieberman Force ...... 4,778,000 SENATOR COCHRAN, SENATOR INOUYE, AND Operation and Mainte- amendment but reject the amendment SENATOR LIEBERMAN REGARDING SUPPLE- nance, Defense-Wide: of the distinguished Senator from MENTAL APPROPRIATIONS FOR THE DEPART- Joint Staff ...... 32,140 Michigan. MENT OF DEFENSE Special Operations Com- The PRESIDING OFFICER. The Sen- The following tabular data delineates by mand ...... 1,054,000 ator from Michigan. appropriation the funding provided by the Armed Forces Informa- Mr. LEVIN. The message is not con- McConnell amendment (related to supple- tion Service ...... 9,300 flicting at all. There is no conflict be- mental appropriations for the Department of Defense Contract Audit Defense) to H.R. 2764, the State, Foreign Op- Agency ...... 7,100 tween saying we are going to support Defense Contract Man- our troops, we are not going to reduce erations, and Related Programs Appropria- tions Act, 2008. agement Agency ...... 3,000 funding for them, and at the same time In regard to classified activities funded in Defense Human Re- have a goal a year hence for when they this amendment, a separate letter from the sources Activity ...... 4,100 Defense Information Sys- transition to the more limited mission. Chairman and Ranking Member of the De- tems Agency ...... 44,510 There is not the slightest inconsist- fense Subcommittee of the Committee on Defense Logistics Agency 48,200 ency. It is not a conflicting message. If Appropriations will delineate the programs Defense Legal Services we are interested in success in Iraq, and activities funded by this amendment. Activity ...... 9,900 there is only one way to achieve it—for [Dollars in thousands] Department of Defense the Iraqi politicians to reach agree- TITLE I—MILITARY PERSONNEL Education Activity ...... 155,000 ment on their differences which have Military Personnel Army: Defense Security Co- continued the conflict. That is not just Pay and Allowances ...... 13,700 operation Agency—Co- Wounded Warrior ...... 68,800 alition Support ...... 300,000 me saying it. That is our military lead- Lift and Sustain ...... 100,000 ers. Global Train and Equip .. 300,000 I wish to read this quote because I Total, Military Per- sonnel, Army ...... 782,500 Office of the Secretary of am not sure people have focused on it. Military Personnel, Navy: Defense ...... 42,500 This is our State Department. I ask my Pay and Allowances ...... 95,624 Washington Head- colleagues to listen to this very brief quarters Services ...... 7,200 Total, Military Per- quote from our State Department: Total, O&M, Defense- Senior military commanders portray the sonnel, Navy ...... 95,624 Military Personnel, Marine Wide ...... 2,116,950 intransigence of Iraq’s Shiite-dominated Operation and Mainte- government as the key threat facing the U.S. Corps: Pay and Allowances ...... 56,050 nance, Army Reserve: effort in Iraq rather than al-Qaida terrorists, Operating Expenses ...... 68,036 Sunni insurgents or Iranian-backed militias. Total, Military Per- Wounded Warrior, En- Is that a conflicting message from sonnel, Marine hanced Soldier and Corps ...... 56,050 Family Support ...... 9,700 our State Department, when they iden- Total, O&M, Army Military Personnel, Air tify the political leaders of Iraq as Reserve ...... 77,736 being the major threat to our success? Force: Operation and Mainte- Pay and Allowances ...... 138,037 They are the major threat to our suc- nance, Navy Reserve: Operating Expenses ...... 41,657 cess. We all know it. Our military lead- Total, Military Per- ers have said it is the failure of the po- sonnel, Air Force ... 138,037 Total, O&M, Navy litical leaders of Iraq to work out their Reserve ...... 41,657 differences, which is the key problem Total , Military Per- Operation and Mainte- that keeps the battle going on between sonnel ...... 1,072,211 nance, Marine Corps Iraqis. That is our State Department. TITLE II—OPERATION AND MAINTENANCE Reserve: Operating Expenses ...... 46,153 Is that a conflicting message? I don’t Operation and Mainte- think so. nance, Army: Total, O&M, Marine It is the truth. Most of us recognize Operating Expenses ...... 25,158,543 Corps Reserve ...... 46,153 it. We are all completely unhappy with Wounded Warrior, En- Operation and Mainte- the Iraqi political leaders. Most of us, hanced Soldier and nance, Air Force Re- when we go to Iraq, tell them that. The Family Support ...... 853,800 serve: Body Armor and Per- Operating Expenses ...... 12,133 President of the United States has even sonal Protection Items 800,000 said it is useful for that message to be Commander’s Emergency Total, O&M, Air delivered. Let us deliver it tonight. Response Program ...... 500,000 Force Reserve ...... 12,133

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0655 E:\CR\FM\G18DE6.136 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15859 Operation and Mainte- Modular Artillery Charge Pyrotechnic and Demoli- nance, Army National System, All Types ...... 18,000 tion ...... 64 Guard: Rocket, Hydra 70, All Small Arms Ammunition 27,645 Operating Expenses ...... 288,900 Types ...... 20,000 Linear Charges, All Wounded Warrior, En- Types ...... 3,875 hanced Soldier and Total, Procurement 40MM, All Types ...... 23,096 Family Support ...... 38,100 of Ammunition, 60MM, All Types ...... 30,252 Army ...... 154,000 81 MM, All Types ...... 35,000 Total, O&M, Army Other Procurement, Army: 120MM, All Types ...... 59,020 National Guard ...... 327,000 Tactical Trailer/Dolly Cartridge 25MM, All Operation and Mainte- Sets ...... 29,000 Types ...... 670 nance, Air National High Mobility Multipur- Grenades, All Types ...... 9,385 Guard: pose Wheeled Vehicle .. 455,000 Rockets, All Types ...... 8,273 Operating Expenses ...... 51,634 Family of Medium Tac- Artillery, All Types ...... 51,033 tical Vehicles ...... 146,000 Demolition Munitions, Total, O&M, Air Na- Family of Heavy Tac- All Types ...... 3,539 tional Guard ...... 51,634 tical Vehicles ...... 427,000 Fuze, All Types ...... 880 Non Lethals ...... 5,616 Iraq Freedom Fund ...... 3,747,327 Armored Security Vehi- Ammo Modernization ..... 2,000 Afghanistan Security cles ...... 1,500 Truck, Tractor, Line Forces Fund ...... 1,350,000 Total, Procurement Iraq Security Forces Fund 1,500,000 Haul, M915/M916 ...... 4,600 HMMWV Recapitaliza- of Ammunition, Joint Improvised Explosive tion Program ...... 140,000 Navy & Marine Device Defeat Fund: Modification of In-Serv- Corps ...... 304,945 Attack the Network ...... 1,258,000 ice Equipment ...... 184,800 Other Procurement, Navy: Defeat the Device ...... 2,340,000 Items Less Than $5.0 Mil- Air Station Support Train the Force ...... 603,000 lion (Tactical Vehicles) 8,000 Equipment—Air Traffic Staff and Infrastructure 68,000 Defense Enterprise Wide- Control Equipment ...... 6,111 band Satellite Commu- Aviation Life Support— Total, Joint Impro- Body Armor and Sur- vised Explosive De- nications Systems ...... 19,000 Satellite Terminal, En- vival Gear ...... 750 vice Defeat Fund ... 4,269,000 hanced Manpack UHF Explosive Ordnance Dis- Terminal (Space) ...... 3,400 posal Equipment: Total, Operation Navstar Global Posi- Unmanned Aerial Sys- and Maintenance ... 61,099,598 tioning System (Space) 3,200 tems ...... 37,000 TITLE III—PROCUREMENT Army Global Command Man Transportable Robotic System ...... 1,400 Aircraft Procurement, and Control System ..... 3,000 Mounted CREW Sys- Army: Information System Se- tems ...... 35,400 Utility Fixed Wing Cargo curity Program ...... 21,600 Physical Security Vehi- Aircraft ...... 5,000 Digital Topographic Sup- cles—Light Armored UH–60M Blackhawk—27 port System (MIP) ...... 12,000 Vehicles ...... 900 Aircraft ...... 483,300 Counterintelligence/ Human Intelligence In- Medical Support Equip- AH–64 Apache—3 Aircraft 105,000 ment ...... 820 CH–47 Chinook—11 Air- formation Management System (MIP) ...... 2,400 Physical Security Equip- craft ...... 334,100 ment: Common Ground Equip- Night Vision Devices ...... 45,000 Night Vision, Thermal Body Armor ...... 3,100 ment ...... 10,000 Weapon Sight ...... 11,000 Weapons of Mass De- Air Traffic Control ...... 6,200 Fire Support Command struction Detectors .. 6,000 and Control (C2) Fam- Total, Aircraft Pro- Total, Other Procure- curement, Army .... 943,600 ily ...... 7,000 Knight Family—Procure ment, Navy ...... 91,481 Procurement of Weapons & 29 M1200 Knight Vehi- Procurement, Marine Tracked Combat Vehi- cles ...... 50,000 Corps: cles, Army: Chemical, Biological, Ra- Light Armored Vehicles: Bradley Program ...... 700,100 diological, and Nuclear Light Armored Vehi- Stryker Vehicle ...... 41,000 Soldier Protection ...... 54,300 cles ...... 12,500 Bradley Fire Support Ve- Rapid Equipping Soldier Light Armored Vehi- hicle (Mod) ...... 65,000 Support Systems in- cles Product Im- Bradley Fighting Vehicle cluding Warlock ...... 400,000 provement Program 23,000 Systems (Mod) ...... 48,000 Light Armored Vehi- Improved Recovery Vehi- Total, Other Procure- cles Restoration and cle (M88 Mod) ...... 135,000 ment, Army ...... 2,027,800 Modernization ...... 33,600 M1 Abrams Tank (Mod) .. 200,000 Aircraft Procurement, Modification Kits—Mul- Abrams Upgrade Pro- Navy: tipurpose Tank Blade .. 2,200 gram (M1A2 SEP) ...... 225,000 H–53 Series—Re-activate Modification Kits—Tac- M249 Squad Automatic 1 CH–53 Helicopter ...... 2,600 tical Concealed Video Weapon Machine Gun EP–3 Series—Special System ...... 400 Mods ...... 6,500 Mission Avionics, ...... 9,000 Marine Air Command M16 Rifle Modifications .. 1,845 P–3 Series—Special Mis- Control System ...... 29,000 Modifications Less Than sions Equipment ...... 2,400 Intelligence Support $5.0M (WOCV–WTCV)— Common ECM Equip- Equipment—Angel Fire Improved Combat Op- ment—Generation II Sensor Package ...... 8,000 tics ...... 7,000 Missile Warning Sys- Motor Transport Modi- tems ...... 34,500 fications—Medium Total, Procurement Tactical Vehicle Re- of Weapons & Total, Aircraft Pro- placement Armor ...... 60,000 Tracked Combat curement, Navy ..... 48,500 Power Equipment As- Vehicles, Army ...... 1,429,445 Procurement of Ammuni- sorted—Engineer Procurement of Ammuni- tion, Navy & Marine Equipment ...... 15,000 tion, Army: Corps: Explosive Ordnance Dis- Cartridge, 25MM, All Joint Direct Attack Mu- posal Systems—CREW 172,800 Types ...... 300 nition ...... 5,000 Physical Security Equip- Cartridge, 30MM, All Air Expendable Counter- ment—Ground-Based Types ...... 40,000 measures ...... 6,625 Operational Surveil- Cartridge, 40MM, All Other Ship Gun Ammuni- lance System ...... 340,000 Types ...... 65,700 tion ...... 43 Field Medical Equip- Cartridge, Artillery, Small Arms and Landing ment—Family of Field 105MM, All Types ...... 10,000 Party Ammunition ...... 32,929 Medical Equipment ..... 6,750

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0655 E:\CR\FM\A18DE6.041 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15860 CONGRESSIONAL RECORD — SENATE December 18, 2007 Total, Procurement, Drug Interdiction and Durbin Levin Salazar Marine Corps ...... 703,250 Counter-Drug Activities 192,601 Hagel Lincoln Sanders Aircraft Procurement, Air Harkin McCaskill Schumer Inouye Menendez Force: Smith Total, Other De- Johnson Mikulski Snowe F–15—ARC–210 Beyond partment of De- Kennedy Murray Stabenow Line of Sight/Secure fense Programs ...... 768,302 Kerry Nelson (FL) Tester Line of Sight Radios .... 39,700 Klobuchar Nelson (NE) Voinovich TITLE VI—GENERAL PROVISIONS Kohl Pryor C–5—Aircraft Defensive Webb Landrieu Reed Systems (12 Kits for C– Special Transfer Authority Whitehouse Lautenberg Reid (Sec 603) ...... [4,000,000] Wyden 5A’s) ...... 11,700 Leahy Rockefeller

Total, Aircraft Pro- Total, Depart- NAYS—45 curement, Air ment of Defense ..... 70,000,000 Alexander Crapo Lott Force ...... 51,400 Mr. MCCONNELL. Mr. President, is Allard DeMint Lugar Other Procurement, Air there more time on this side? Barrasso Domenici Martinez Force: Bennett Ensign McCain Halvorsen Loader ...... 7,500 The PRESIDING OFFICER. There is Bond Enzi McConnell Items Less Than $5 Mil- 7 minutes 5 seconds. Brownback Feingold Murkowski Mr. WARNER. I ask for the yeas and Bunning Graham Roberts lion (Vehicles)— Burr Grassley Sessions Counter Sniper Protec- nays. Chambliss Gregg Shelby tion Kit ...... 1,625 The PRESIDING OFFICER. Is there a Coburn Hatch Specter General Information sufficient second? Cochran Hutchison Stevens Technology—Blue There appears to be a sufficient sec- Coleman Inhofe Sununu Force Trackers ...... 2,500 Corker Isakson Thune ond. Cornyn Kyl Vitter Air Force Physical Secu- Craig Lieberman Warner rity System—CROWS The yeas and nays were ordered. and BDOC–T ...... 8,500 The PRESIDING OFFICER. The Sen- NOT VOTING—5 ator from Michigan has 7 minutes. Tactical C–E Equip- Biden Dodd Obama ment—ROVER ...... 8,100 Mr. LEVIN. I intend to yield back all Clinton Feinstein Night Vision Goggles ...... 2,500 that time but 30 seconds. I cannot be- Total, Other Procure- lieve the President of the United The PRESIDING OFFICER. Under ment, Air Force ..... 30,725 States is going to veto a bill providing the previous order requiring 60 votes, Procurement, Defense- this additional funding for the troops the amendment is withdrawn. Wide: because the Senate, in a nonbinding Mr. MCCONNELL. Mr. President, I Defense Information Sys- move to reconsider the vote. tems Network ...... 8,700 resolution, expresses its belief that we MH–47 Service Life Ex- ought to have a nonbinding timetable Mr. WARNER. I move to lay that mo- tension Program ...... 34,400 for the reduction of our troops by the tion on the table. C–130 Modifications ...... 11,000 end of the year. If the President has The motion to lay on the table was SOF Ordnance Replenish- said that, I have not seen it. I can’t be- agreed to. ment ...... 32,759 lieve he would so try to squelch the The PRESIDING OFFICER. The SOF Ordnance Acquisi- Senate from expressing a nonbinding question is on agreeing to the motion. tion ...... 39,600 opinion. Is there a sufficient second? There SOF Intelligence Sys- I yield back the remainder of my tems ...... 44,346 appears to be a sufficient second. time. Small Arms and Weapons 29,587 The clerk will call the roll. Mr. MCCONNELL. Mr. President, the Tactical Vehicles ...... 16,458 The legislative clerk called the roll. Unmanned Vehicles ...... 23,500 President will veto the bill if the Levin SOF Operational En- amendment is approved. The McCon- Mr. DURBIN. I announce that the hancements ...... 34,393 nell amendment must be approved in Senator from Delaware (Mr. BIDEN), order to get a Presidential signature. the Senator from New York (Mrs. CLIN- Total, Procurement, Is there time remaining on this side? TON), the Senator from Connecticut Defense-Wide ...... 274,743 The PRESIDING OFFICER. There is (Mr. DODD), the Senator from Cali- Total, Procurement .. 6,059,889 6 minutes remaining. fornia (Mrs. FEINSTEIN), and the Sen- TITLE IV—REVOLVING AND MANAGEMENT Mr. MCCONNELL. I yield back the ator from Illinois (Mr. OBAMA) are nec- FUNDS time. essarily absent. Defense Working Capital The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there Funds: question is on agreeing to the Levin any other Senators in the Chamber de- Defense Working Cap- siring to vote? ital Fund—Army: ..... amendment No. 3876. Army Preposition The yeas and nays have been ordered. The yeas and nays resulted—yeas 70, Stocks ...... 586,900 The clerk will call the roll. nays 25, as follows: Spares Augmentation— The assistant legislative clerk called [Rollcall Vote No. 439 Leg.] Combat Losses ...... 63,000 the roll. YEAS—70 Spares Augmentation— 70,000 Mr. DURBIN. I announce that the Demand Increase Akaka Dole McCaskill Senator from Delaware (Mr. BIDEN), Defense Working Cap- Alexander Domenici McConnell ital Fund—Defense- the Senator from New York (Mrs. CLIN- Allard Dorgan Mikulski Barrasso Ensign Wide: ...... TON), the Senator from Connecticut Murkowski Baucus Enzi Nelson (FL) Fuel Transportation .... 96,000 (Mr. DODD), the Senator from Cali- Bayh Graham Nelson (NE) EINSTEIN Fuel Cost Increase ...... 140,700 fornia (Mrs. F ), and the Sen- Bennett Grassley Pryor Combat Fuel Losses .... 43,400 ator from Illinois (Mr. OBAMA) are nec- Bond Gregg Roberts Brownback Hagel essarily absent. Rockefeller Bunning Hatch Salazar Total, Defense work- The PRESIDING OFFICER. Are there Burr Hutchison ing Capital Funds .. 1,000,000 any other Senators in the Chamber de- Carper Inhofe Sessions Casey Inouye Shelby TITLE V—OTHER DEPARTMENT OF DEFENSE siring to vote? Chambliss Isakson Snowe PROGRAMS The result was announced—yeas 50, Coburn Johnson Specter Defense Health Program: nays 45, as follows: Cochran Kyl Stevens Operations ...... 461,101 [Rollcall Vote No. 438 Leg.] Coleman Landrieu Sununu Wounded Warrior, En- Collins Levin Tester YEAS—50 Conrad Lieberman Thune hanced Soldier and Corker Lincoln Vitter Family Support ...... 114,600 Akaka Brown Casey Baucus Byrd Collins Cornyn Lott Voinovich Bayh Cantwell Conrad Craig Lugar Warner Total, Defense Health Bingaman Cardin Dole Crapo Martinez Webb Program ...... 575,701 Boxer Carper Dorgan DeMint McCain

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.041 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15861 NAYS—25 it. But once this goes down because it of $2,000 per family. As everyone now Bingaman Kennedy Reid doesn’t have 60 votes, it is then my ex- agrees, this monster tax was not meant Boxer Kerry Sanders pectation that the House will then vote to hit 23 million middle-income fami- Brown Klobuchar Schumer for AMT not paid for so that we can get lies. The second reason was to assure Byrd Kohl Smith Cantwell Lautenberg Stabenow AMT passed this year. Americans will the Secretary of the Treasury and the Cardin Leahy Whitehouse know they will not have to pay the ad- IRS Commissioner that we would do Durbin Menendez Wyden ditional AMT tax, done in a way that is everything possible to minimize delays Feingold Murray Harkin Reed satisfactory. in refunds for another 27 million fami- There is an hour allocated on this lies and individuals, on top of the 23 NOT VOTING—5 amendment, a half hour each side. Mr. million who would be hit for the first Biden Dodd Obama President, I don’t plan to take many time. Clinton Feinstein more minutes than I have already con- After pledging to get mutually agree- The PRESIDING OFFICER. Under sumed. I expect the other side will not able AMT patch legislation to the the previous order, requiring 60 votes either. President in a form he could sign—that for the adoption of the motion, the mo- I will reserve the remainder of my is what the letter was about—we are tion is agreed to. time, with the expectation that I will instead now engaged in this Groundhog The majority leader is recognized. yield back the remainder of my time. Day type of exercise. We are essen- Mr. REID. Mr. President, we have For now, I will reserve my time. tially having the same debate, and we just a few matters left. We have a vote The PRESIDING OFFICER. The Sen- will go through the same votes the on AMT. This is a vote we have had be- ator from Iowa is recognized. Senate went through just a couple of fore. Senator BAUCUS, the Finance Mr. GRASSLEY. Mr. President, I weeks ago. In other words, the floor de- chair, will talk about it when we get to yield myself such time as I may con- bate tonight illustrates my worry that it in a few minutes. It is an issue on sume. I haven’t had a request on this we are repeating the Groundhog Day which I agree with the House. I think side for many people to speak. I think exercise. we should have paid for it. We have had I will speak for 9 or 10 minutes on my I ask unanimous consent to have this vote several times before—at least side. If people want time, I will be glad printed in the RECORD a copy of that once before. We have tried different to yield time. letter by the two chairmen and rank- ways of getting the matter before the When we were debating the Tax Re- ing members. Senate. lief Act of 2005, the other side forced a There being no objection, the mate- We have an agreement in the order series of debates on the same subject rial was ordered to be printed in the entered earlier today that we are going matter. We had the same debate three RECORD, as follows: to vote on whether AMT should be paid times, and it culminated on Groundhog CONGRESS OF THE UNITED STATES, for. Senator BAUCUS will speak on that. Day, February 2, 2006. Despite numer- Washington, DC, October 30, 2007. Ms. LINDA E. STIFF, AMENDMENT NO. 3877 ous votes and debates in each round, Acting Commissioner, Internal Revenue Service, Mr. REID. Mr. President, it is my un- we went through essentially the same Washington, DC. derstanding there is a motion to con- debate and vote not once or twice but DEAR ACTING COMMISSIONER STIFF: Under cur at the desk. three times. present law, more than 23 million taxpayers The PRESIDING OFFICER. The I have two charts that will remind will be subject to higher taxes in 2007 unless clerk will report the motion. folks of that exercise. legislation is enacted to limit the reach of The legislative clerk read as follows: My first chart depicts a groundhog. the Alternative Minimum Tax (AMT). We re- For those of you who see the ground- alize that this fact is causing concern for The Senator from Nevada [Mr. REID] moves many taxpayers and is creating administra- to concur in the House amendment No. 1 to hog, you will recall that the center- tive difficulties for the IRS as the agency the Senate amendment to H.R. 2764, with an piece of that debate involved the alter- prepares for the upcoming filing season. amendment numbered 3877. native minimum tax patch. During the As the leaders of the Congressional tax- (The amendment is printed in To- first groundhog debate, the bipartisan writing committees, we want to assure you day’s RECORD under ‘‘Text of Amend- majority had to prove that we meant that legislative relief is forthcoming so that ments.’’) business on the cornerstone of that no new taxpayers will be subject to the AMT The PRESIDING OFFICER. There bill, which was the last AMT patch for taxable year 2007. To accomplish this, we are committed to extending and indexing the will be 1 hour of debate equally divided. that was enacted. I am referring to the 2006 AMT patch with the goal of ensuring Mr. REID. Mr. President, we have a AMT patch that protected then about that not one additional taxpayer faces high- vote on this, and we have a vote on 15 million families, and now we are er taxes in 2007 due to the onerous AMT. In whether we will concur with the House talking about protecting about 23 mil- addition to allowing the personal credits on a matter that we have changed and lion families. against the AMT, the exemption amount for sent back to them. Then I am going to The bipartisan majority, I am 2007 will be set at $44,350 for individuals and speak with the chairman of the Judici- pleased to remind everybody, stuck to $66,250 for married taxpayers filing jointly. We plan to do everything possible to enact ary Committee. Under the order en- our guns in conference on that bill. We AMT relief legislation in a form mutually tered several days ago, we have a judge made sure the AMT patch was one of agreeable to the Congress and the President who is on the calendar. I will talk with the cornerstones of the conference before the end of the year. We urge the Inter- the distinguished manager of this bill agreement. So despite the extended de- nal Revenue Service to take all steps nec- and the chairman of the Judiciary bate, what we said would happen did essary to plan for changes that would be Committee to find out if we are going happen. made by the legislation. to have a recorded vote. Now, the next Groundhog Day is Feb- Thank you for your immediate attention to this matter. My point is that people should not ruary 2, 2008. That is just 45 days from Sincerely yours, run off after the second vote. There now. That may seem like a long time, MAX BAUCUS, may be three votes tonight. but given recent history, I am worried. Chairman, Committee The PRESIDING OFFICER. Who Here is why. on Finance. yields time? About 47 days ago, the two tax-writ- CHARLES E. GRASSLEY, The senior Senator from Montana is ing committee chairmen, Congressman Ranking Member, recognized. RANGEL and Senator BAUCUS, and the Committee on Fi- Mr. BAUCUS. Mr. President, the next ranking members, Congressman nance. CHARLES B. RANGEL, vote is on AMT, paid for. We have had MCCRERY, and this Senator, wrote Sec- Chairman, Committee this vote several times. It requires 60 retary Paulson and acting IRS Com- on Ways and Means. votes. I personally believe that the missioner Stiff and pledged to get an JIM MCCRERY, AMT relief we will be providing for AMT patch bill to the President before Ranking Member, here, so the taxpayers will not have to the end of the year. We wrote the letter Committee on Ways pay additional AMT for 2007, should be for a couple of reasons. The first reason and Means. paid for. I don’t think the votes are is to spare 23 million middle-income Mr. GRASSLEY. So we are not quite here. There are not 60 votes to pay for families from an average tax increase there yet, but the way we are going, we

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.036 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15862 CONGRESSIONAL RECORD — SENATE December 18, 2007 might not get this year’s AMT patch Tester Vitter Webb ers. Trigger is a fine horse, but he is done until the next Groundhog Day. Thune Warner Wyden dead. He is very dead. Trigger is so Let me bring up another chart to ex- NAYS—5 dead that he is stuffed and resides in a pand on this point. I have next to me Carper Dorgan Whitehouse museum. This debate is the practice of the portrait of Punxsutawney Phil, Conrad Feingold beating a dead horse. It would be like that famous groundhog. In thinking of NOT VOTING—7 tourists taking swipes at Trigger as Phil and the weather report he will Biden Ensign Voinovich they go through the museum. Everyone provide in 45 days, I also thought about Clinton McCain knows beating a dead horse is a waste the popular film entitled ‘‘Groundhog Dodd Obama of time, but that is what we are doing. Day.’’ That movie stars Bill Murray, in Majority 1⁄2 Required We need to stop beating a dead horse. which a man relives the same day— Vote date: 12/06/2007, 6:23:00 p.m., Business We need to show our good friends in Groundhog Day—over and over and Type: L. the House Democratic leadership that over. This film has taken on greater Result Code: 1 (Bill Passed). they need to stop reviving a dead horse significance for me as I seem to be in a Vote title: H.R. 3996 as Amended. of an offset AMT patch. It is a dead Mr. GRASSLEY. Mr. President, as we very similar situation. More than just horse. Let’s stop beating it. Vote consider the Senate amendment to the a sense of the deja vu, I feel I am reliv- against this amendment. omnibus bill, I have to ask: Why are we ing a past experience. After this exercise is done, then I still here? I have to ask: Didn’t we al- urge my friends in the House leader- We are going through the same de- ready go through this exercise? I have ship to pass the un-offset AMT patch bate we had a couple of weeks ago. We to ask: Aren’t we finished with the bill we sent them several days ago, are on a different bill and the amend- Senate debate? that very same bill that passed this ment has different offsets. Yet I seem In the face of the urgent need to body 88 to 5. to remember already having this de- enact an AMT patch, does the House Think, will you, on the other side of bate. Democratic leadership want the Senate the Capitol, think of the 23 million So, Mr. President, instead of taking to reenact recent debates and resusci- families that will face a tax increase of the next steps and focusing on what we tate old talking points? Our un-offset $2,000 per family if we don’t get this said we would do in the letter and find- AMT patch already passed with the bill to the President. Think of the 27 ing a mutually agreeable—those are support of 88 Senators. million families and individuals that words from the letter—resolution to While I believe this legislation is ex- will face even longer delays in getting the AMT patch, the House Democratic tremely important and we will debate their refunds next year if we don’t get leadership is insisting that the Senate it for as long as is necessary, I question this bill passed, or even if we do get repeat the same debate and vote of just the necessity of going through a proc- this bill passed, it is going to be de- last week. ess that resulted in overwhelming bi- layed. Think of these hard-working At 5:01 p.m., on Tuesday, December 4, partisan passage of the same bill 2 taxpayers. Stop beating a dead horse 2007, we took up H.R. 3996, with the weeks ago. and let’s get the people’s business done. title ‘‘Temporary Tax Relief Act of That is my first point. This is, in I reserve the remainder of my time. 2007.’’ For several hours on Tuesday, fact, a curious exercise. It is an exer- The PRESIDING OFFICER (Mr. Wednesday, and into Thursday, we de- cise with no apparent purpose other PRYOR). The Senator from Montana. bated the bill. The final vote on final than delay. Is the delay on the part of Mr. BAUCUS. Mr. President, the Sen- passage came at 7:25 p.m., Thursday the House Democratic leadership im- ator from North Dakota has some com- evening, December 6. portant? Why doesn’t the House send ments about not beating a dead horse. I now yield 7 minutes to the Senator According to the Secretary of the the amended House bill which cleared from North Dakota. this Chamber by a vote of 88 to 5 to the Senate, 93 of us were here for that vote. I might say, we should not beat a So I must not be the only one reliving President of the United States for sig- dead horse, that is clear, but also we this experience. nature? Because President Bush will should not look a gift horse in the I ask unanimous consent to have sign it. That bill does meet—again the mouth. We have an opportunity to reprinted in the RECORD the results of words from the letter of the chairman solve this and get it done. I urge us to that final vote. of the committee—that bill does meet vote quickly so we can dispose of this There being no objection, the mate- the mutually agreeable criteria of the matter so the American taxpayers get rial was ordered to be printed in the tax writers’ letter. The amendment be- their AMT relief very quickly. RECORD, as follows: fore us, just as the prior House vote, I yield to the Senator from North Da- does not meet the mutually agreeable The result was announced—yeas 88, nays 5, kota. as follows: criteria that was in that letter. Mr. CONRAD. Mr. President, I thank Nearly all House and Senate Repub- [Rollcall Vote No. 415 Leg.] the chairman. licans have a problem with this amend- I say to the Senator from Iowa when YEAS—88 ment and its predecessor that failed in he tells us that we should stop beating Akaka Dole Lugar the Senate. The problem is not nec- a dead horse, the picture he used shows Alexander Domenici Martinez essarily with the offsets themselves. that Trigger rides again. That wasn’t a Allard Durbin McCaskill Some of them might be acceptable tax Barrasso Enzi McConnell dead horse. That horse is alive, and as Baucus Feinstein Menendez policy to this Senator and others on well it should be, because the under- Bayh Graham Mikulski our side. The debate and resistance on lying question is whether we pay for Bennett Grassley Murkowski our side rests with a bigger principle. anything in this Chamber or do we bor- Bingaman Gregg Murray Bond Hagel It is about accepting the notion that row the money? When we borrow the Nelson (FL) Boxer Harkin the unintended reach of the AMT Nelson (NE) money, do we borrow it from the Chi- Brown Hatch should be permitted unless we find off- nese and the Japanese, or do we start Brownback Hutchison Pryor Bunning Inhofe Reed setting revenue from other taxpayers; paying our bills right here at home? Burr Inouye Reid in other words, other taxpayers being That is the issue before the Chamber. Byrd Isakson Roberts taxed to offset revenue from middle-in- It is not a question of a dead horse or Cantwell Johnson Rockefeller come taxpayers who were never sup- Cardin Kennedy Salazar a live horse. It is a fundamental ques- Casey Kerry Sanders posed to pay this tax in the first place. tion of whether we pay our bills or put Chambliss Klobuchar Schumer It is the use of the AMT then as an it on the charge card. Coburn Kohl Sessions open-ended revenue-generating ma- The issue before us is very simple. If Cochran Kyl Shelby chine that creates problems on the Re- Coleman Landrieu Smith we do not offset the alternative min- Collins Lautenberg Snowe publican side of the aisle. imum tax or alter it in some way, it Corker Leahy Specter I am going to point to another chart will hit 23 million American families, Cornyn Levin Stabenow to illustrate this debate. This is a up from some 4.2 million this last year. Craig Lieberman Stevens Crapo chart of a very fine horse, a horse The bill before us says, yes, adjust Lincoln Sununu DeMint Lott named Trigger and his rider Roy Rog- the alternative minimum tax so more

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.143 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15863 people are not hit by it, but it also says I yield the floor. The result was announced—yeas 48, something very important. It says pay The PRESIDING OFFICER. Who nays 46, as follows: for it; don’t go out and borrow the yields time? [Rollcall Vote No. 440 Leg.] money, don’t go out and borrow bil- The Senator from Ohio. YEAS—48 lions more from China and Japan. Mr. BROWN. Mr. President, yes, we have been here before. I hear the Sen- Akaka Inouye Nelson (FL) The House has it right. We ought to Baucus Johnson Nelson (NE) pay for it. Certainly it makes no sense ator from Iowa, whom I greatly re- Bayh Kennedy Pryor to let the alternative minimum tax spect, say we have been here before and Bingaman Kerry Reed sweep up millions more people, but it have done this over and over. In the Boxer Klobuchar Reid last 2 hours, we have made the same Brown Kohl Rockefeller also makes no sense to fail to pay for Byrd Landrieu Salazar it. That is not just my view; that is mistake, or about to make the same Cantwell Lautenberg Sanders also the view of the former chairman of mistake, that we have made in the last Cardin Leahy Schumer Carper Levin Snowe the Federal Reserve who said on ABC’s 6 years. About 7 groundhog days ago, if you will, we went from a budget sur- Casey Lieberman Stabenow weekend program in response to a Conrad Lincoln Tester question from George Stephanopoulos, plus to huge budget deficits, as Senator Dorgan McCaskill Voinovich the question was put to the chairman: CONRAD pointed out. Do you know why? Durbin Menendez Webb Because we are in the middle of a war Feingold Mikulski Whitehouse So when the Congress this week . . . fixes Harkin Murray Wyden this patch in the alternative minimum tax that Senator BYRD spoke so eloquently NAYS—46 . . . and doesn’t pay for the increase in the against time and again on this Senate deficit, that is something you’re against? floor, a war that has cost us $500 billion Alexander Crapo Lugar Allard DeMint Martinez Mr. Greenspan: and counting, and we have done tax cuts over and over. Every groundhog Barrasso Dole McConnell Yes. Bennett Domenici Murkowski day we do another tax cut. No qualifications, a simple clear Bond Ensign Roberts So tonight, in the space of 2 hours, Brownback Enzi statement in support of paying for fix- Sessions we are going to encapsulate that in one Bunning Graham Shelby ing the alternative minimum tax. Burr Grassley Smith evening. We did $70 billion for a war no- Chambliss Gregg Why is paying for it so important? Specter body is willing to pay for. Let our Coburn Hagel Stevens Because if we fail to do so, we put it on Cochran Hatch grandchildren pay for that one. And Sununu the debt, and already the debt has sky- then we are doing more tax cuts, hun- Coleman Hutchison rocketed under this administration, Collins Inhofe Thune dreds of billions of dollars we are not Vitter from $5.8 trillion in 2001 to, at the end Corker Isakson paying for, so let our grandchildren Cornyn Kyl Warner of the fiscal year that just ended, a take care of it. Craig Lott debt of $8.9 trillion. We have been here before, and it is NOT VOTING—6 Future generations will look back on about time we vote ‘‘yes’’ on this and this one. Perhaps they will be amused Biden Dodd McCain do the right thing, so instead of these Clinton Feinstein Obama by the debate tonight. They will not be going from a budget surplus 7 ground- The PRESIDING OFFICER. Under amused by the debt we leave them. hog days to hundreds of billions of dol- the previous order requiring 60 votes This generation will not be known as lars in budget deficits, instead we have for the adoption of this motion, the the greatest generation. This genera- an opportunity, as Senator CONRAD motion is withdrawn. tion will be known as a greedy genera- said, to do the right thing to begin to The majority leader is recognized. tion, a self-oriented generation, one pay for things as we go so that our Mr. REID. Mr. President, I move to that was not responsible with the peo- grandchildren will not continue to be concur in the House amendment. ple’s money. burdened with our profligacy and our Mr. President, there is a proverb Some of my colleagues claim we irresponsibility. never intended to raise this money, I yield the floor. from the Book of Matthew that says: that it was no part of any budget, that The PRESIDING OFFICER. Who ‘‘For where your treasure is, there your it was not part of any revenue projec- yields time? heart will be also.’’ tion. I beg to differ. As chairman of the Mr. GRASSLEY. Mr. President, if the In the past few weeks, as we have put Senate Budget Committee, I can tell other side is ready to yield back their together the budget that is now before you that these revenues have been in time, I will yield back our time, but I us, Democrats have sought to put our every budget written by this President, want to find out if they are interested hearts and our treasure where the and written by the Congress, whether in doing that. American people need them most. controlled by the Republicans or the Mr. BAUCUS. I yield back our time. President Bush and his Republican Democrats. The only way any of these Mr. GRASSLEY. I yield back our allies in Congress have been deter- budgets have balanced was to assume time. mined from the start to stand in our this revenue which is the law of the The PRESIDING OFFICER. The way. land would either be collected or would question is on agreeing to the motion. The President picked a top line budg- be offset, would be paid for. Mr. DURBIN. I ask for the yeas and et number out of thin air and said he This chart shows the revenue as- nays. would veto any bill that invested an- The PRESIDING OFFICER. Is there a sumptions in the Bush budget. We find other dime above this total in the sufficient second? alternative minimum tax revenue as- needs of the American people—no mat- There appears to be a sufficient sec- sumed for each and every year of the 5 ter how many children, students, work- ond. ing families veterans or senior citizens years of this budget. The clerk will call the roll. I won’t belabor the point. This is a The assistant legislative clerk called would be harmed. question of whether we are going to be the roll. This from the President who inher- responsible. This is an opportunity to Mr. DURBIN. I announce that the ited record surpluses when he took of- fix the alternative minimum tax, to Senator from Delaware (Mr. BIDEN), fice and turned them into record defi- prevent it from being spread to 23 mil- the Senator from New York (Mrs. CLIN- cits. lion American families, but to do it in TON), the Senator from Connecticut This from the President who has the responsible way: to offset it with (Mr. DODD), the Senator from Cali- spent nearly $500 billion—all of it bor- other revenue so it does not get added fornia (Mrs. FEINSTEIN), and the Sen- rowed—to fight a war of choice in Iraq, to the deficit, so it does not get added ator from Illinois (Mr. OBAMA) are nec- while ignoring the desperate needs that to the debt, so we are not compelled to essarily absent. we face here at home. borrow even more billions from the Mr. LOTT. The following Senator is And this from congressional Repub- Japanese and the Chinese and around necessarily absent: the Senator from licans who have rubber-stamped his the world. Arizona (Mr. MCCAIN). every irresponsible, wasteful, reckless I hope my colleagues will vote ‘‘aye’’ The PRESIDING OFFICER. Are there choice. and demonstrate their fiscal responsi- any other Senators in the Chamber de- But now, this year, this President bility tonight. siring to vote? and these Bush-Cheney Republicans

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.144 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15864 CONGRESSIONAL RECORD — SENATE December 18, 2007 claim—after years leading our country every American child deserves the I am so grateful for my Democratic down a path of fiscal ruin—they have right to a quality education and the colleagues in the House and Senate. been baptized into the church of fiscal keys to a better future. We have faced a level of arbitrary responsibility. We backed that commitment with stubbornness from President Bush and Under this false pretense, they went major investments in Title 1, special his congressional allies that no Con- about to prevent us from presenting education, teacher quality grants, after gress has ever faced before. appropriations bills that help Amer- school programs, Head Start, student We turned a horrible budget into a ica’s working families. aid grants and technical training—all budget that does some good, important With the power of the President’s above the Bush-Cheney Republican re- things. veto and a core group of congressional quest. And we did it responsibly: without Republicans willing to back it up, this Democrats refused to back down and raising taxes or adding anything to fight has not been easy. That is an un- let Republicans rob children of the President Bush’s epic pile of debt. derstatement. chance to succeed, and we won that Our country owes enormous grati- Nevertheless, in the past few weeks, fight. tude to the senior Senator from West we have worked within the President’s Bush-Cheney Republicans talk tough Virginia, Chairman ROBERT BYRD, for arbitrary top line to make it clear to on law enforcement, but when it came his leadership on this budget. the American people where our hearts time to actually give our State and Chairman OBEY also did a tremen- and our fiscal priorities lie. local law enforcement the tools they dous job on this legislation. Every victory in the appropriations need to keep us safe, Bush-Cheney Re- I would also like to acknowledge the bills now before us—every benefit to publicans said no. work of Senator COCHRAN, who worked working families, every investment in Their budget cut law enforcement with Senator BYRD and others to move our Nation’s future—we have had to funds by $1.4 billion at the Department this bill through committee and to the fight for, tooth and nail. of Justice. floor. Bush-Cheney Republicans turned Once again, Democrats’ priorities are This budget includes funds to help their backs on medical science in this different. We invested $1.2 billion more prevent Western wildfires and better budget. than the President’s request to help fight the ones that do occur. They tried to cut 800 grants for med- our police fight crime. It includes vital education funding ical research at the National Institutes We refused to back down from our for Nevada’s universities. of Health—programs that would help commitment to safer neighborhoods, It invests in Nevada’s renewable en- find cures for dread diseases. and we won that fight. ergy. Our Democratic priorities are dif- Bush-Cheney Republicans try hard to It provides funds for vital Nevada ferent. scare us with the threat of terrorism. water projects. We want to spread hope—real sci- Did their budget match their rhetoric? And it honors our troops and vet- entific hope—that those who suffer No. erans with more than $340 million for from Alzheimer’s, cancer, Parkinson’s They cut more than $1 billion in the southern Nevada veteran’s hos- and diabetes and other maladies will homeland security grants for police, pital. see a brighter, healthier day. firefighters and medical personnel. But let me be clear: this compromise So we restored the Bush-Cheney Re- What are our priorities? Democrats budget could have been much, much publican cuts to the NIH and invested increased our commitment to fighting better if not for Bush-Cheney Repub- more than $600 million in medical re- terrorism by nearly $2 billion. licans’ double standard on fiscal research. We refused to believe that at a time sponsibility. We refused to back down and we won we are spending $12 billion a month in They chose to enforce an arbitrary that fight. Iraq and Afghanistan, we couldn’t topline on America’s priorities—even The Bush-Cheney Republican budget spend an additional $2 billion per year as they continue to borrow billions to would have slashed access to health to fight terrorism in America. fund the endless war in Iraq, to support care by $600 million—leaving many of We won that fight, too, and America corporate cronyism, and to look the the most vulnerable Americans with will be safer because of it. other way on global warming and pol- nowhere to turn. The same year when the Minneapolis lution. But our Democratic priorities are dif- bridge collapse tragically reminded us Because Republicans have made ferent. that our roads, bridges and tunnels are these choices, the American people will We believe in helping the little girl crumbling, Bush-Cheney Republicans have to keep waiting for the kind of with asthma, for whom the emergency tried to strip critical infrastructure budget they deserve. room is a revolving door because her projects from the budget. But because Democrats refused to parents can’t afford a doctor; or the Democrats refused to stand by while back down, this budget is a step for- uninsured laborer who gets injured on the President spends billions to build ward. the job; or the senior citizen who suf- roads in Iraq, but tells us we can’t do The American people deserve to fers from arthritis. anything about our roads in America. know that Democrats will keep taking We gave these Americans a better We can do something and we did. We step after step after step to set the chance to live healthy lives—with $1 refused to back down and we won the right priorities and make the progress billion above the President’s request fight for American infrastructure. that our country so desperately needs. for programs like community health When it came time to choose between Mr. President, as things now stand, centers, high risk insurance pools and energy independence and big oil, be- we have about 20 minutes of talking on rural hospitals—programs on which tween a clean environment and the spe- the Republican side and we have Sen- hundreds of thousands of low-income cial interests, the Bush-Cheney Repub- ator BYRD, who has less than 10 min- Americans rely. licans chose the special interests. utes on our side. Those are the only We refused to back down on Amer- Our priorities are consumers who are speeches I know of. ica’s health care needs, and we won spending more than ever to pay for gas Mr. LEAHY. Mr. President, I am that fight. for their cars and heat for their homes. going to require 5 minutes. If the Bush-Cheney Republicans got We take the side of cleaner air and Mr. REID. That is what I was start- their way, this budget would have renewable fuels by investing in solar ing to say. On our side, we have Sen- stripped $1.2 billion from education, energy, wind energy, biofuels and en- ator BYRD plus the manager of the bill, eliminated major student aid programs ergy efficiency. Senator LEAHY. and cut vocational education by 50 per- We stood up to Bush-Cheney Repub- Following that, there is going to be a cent. licans, who once again turned their vote on a judge. I don’t know how But Democrats have different prior- backs on science and cozied up to the much time Senator LEAHY and Senator ities here, too. major polluters. SPECTER want on the judge, but what- We believe that education is the We won that fight, and America will ever time they want, they can have it. great equalizer in America, and that be safer and cleaner because we did. But we will have a vote on the judge.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.045 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15865 Tonight, when these speeches are finance on the future of the war. That bill coming here as a 34-year-old Senator— ished, we will have one final vote, a was again passed by the House and Senator BYRD was the majority whip at vote on the judge. We are going to be in Senate, and this time the President the time—and how much he taught me, session tomorrow. There will be no signed it into law on May 25, 2007. and his colleague, the leader, Mike rollcall votes after 9, unless something The committee then began its annual Mansfield, and then later when he was untoward happens that Senator work of producing the regular appro- our leader, and, of course, sat on Ap- MCCONNELL and I do not expect. So we priations bills. I am proud to say that propriations. He has been my leader for will be in session if somebody wants to the committee reported 12 individual all of those years. I appreciate his help. come in and give some speeches. We appropriations bills, many of which His late wife Erma was a very special have some nominations we are trying were reported by unanimous, bipar- friend of my wife’s and mine, and I to clear, maybe some bills from the tisan votes. The bills that were consid- hope he does not mind me mentioning House. I do not expect any heavy lift- ered on the floor of the Senate received her at this time. I always thought ing tomorrow, at least I hope not. broad, bipartisan support, and each re- when she and my wife Marcelle would I wish to express my appreciation to ceived the affirmative vote of more meet at the grocery store that perhaps everyone for their cooperation in get- than 75 Senators. And finally, the, BOB and I were at a lower level. It went ting to the point where we are. As committee—working on a bipartisan, to a higher level when it was not Sen- some have heard me say before, usually bicameral basis—produced the complex ator BYRD and Senator LEAHY. But it you recognize you have something that legislation, which is now before the was Marcelle and Erma talking about is OK when both negotiators are un- Senate. BOB and PATRICK, and what should we happy with what they have gotten. My reason for detailing the work of do to take care of those folks. Well, That is what we have. We are not the Appropriations Committee this ROBERT C. BYRD has taken care of all of happy with how we have been pushed year is simple: I wish to convey my us these years. It has been a privilege into doing what we have done. The personal appreciation for all of the to serve on the Appropriations Com- President is not happy, as his people work and cooperation of the commit- mittee with him. It is especially nice, say he has been pushed into doing tee’s ranking member, Senator COCH- because one of the closest friends I things he didn’t want to do. We are RAN, who has time and again used his have in the Senate, THAD COCHRAN, has where we are. We are going to be able skill and experience to bring credit been both chairman and ranking mem- to finish our appropriations process, upon himself, the committee, and the ber of that committee, and those of us and we should all hold our heads high Senate as a whole. who have been here for over a third of in that regard. I also wish to commend the chairmen a century, as I have, know the major- Again, I wish everyone a very merry and ranking members of each of the 12 ity and minority goes back and forth. Christmas, a happy New Year, and look subcommittees. It is through their The thing that does not go back and forward to a productive year next year, knowledge and leadership that the forth is the friendships we have across the aisles. The distinguished Presiding the last of the 110th Congress. committee is able to craft the indi- Officer knows that his father and I The PRESIDING OFFICER. The Sen- vidual appropriations bills. It is to were very close friends and served to- ator from West Virginia is recognized. their great credit that the committee gether. His mother and my wife were Mr. BYRD. Mr. President, it has been was able to rise to the many challenges close friends. Those kinds of friend- a challenging year for the Senate Ap- presented this year. ships go on through the years and propriations Committee. When the I wish to express my gratitude to the 110th Congress convened in January through the decades. staff of the Appropriations Committee. We have spoken of the Senate as 2007, only two of the annual appropria- They are dedicated public servants: being a family. Indeed it is. It is prob- tions bills had been enacted. Working professional, expert, and diligent. The ably a family that wants to go home with the chairman of the House Appro- committee is extremely fortunate to and go to bed, so I will not push this priations Committee, Mr. DAVID OBEY, have their services, and I thank them much longer. But I think how impor- Senator COCHRAN, and Representative for all the many hours they have de- tant it is that we do have these LEWIS, we immediately began work on voted to performing their duties. chances to be together. So I applaud a joint funding resolution to fund the And finally, I send to my colleague, Senator BYRD, I applaud Senator COCH- Federal Government. Senator COCHRAN, each member of the RAN, and their staffs. We focused on funding a short list of Appropriations Committee, and all of Because this is the Foreign Oper- priorities, such as adding $3.6 billion the staff, my warmest wishes for a safe ations Bill we are on, I want to men- for VA medical care; $1.6 billion for and joyous Christmas in the spirit of tion my own staff: Tim Rieser, Kate State and local law enforcement; $620 the old-Time Christmases and a very Eltrich, Nikole Manatt, who handle the million for the National Institutes of happy New Year. Appropriations subcommittee for me, Health; and $1.4 billion to fight AIDS Mr. DOMENICI. Mr. President, I do and the various other matters they are and malaria in the developing world. not know where the time is. I do not to involved in here; J.P. Dowd, my legis- That joint funding resolution was want to interfere. I want 2 minutes be- lative director; Ed Pagano, my chief of passed by the House and the Senate fore they are finished. Thank you. staff; Bruce Cohen, who is always listed and signed into law by the President on Mr. LEAHY. Mr. President, what is as one of the 50 most important people February 15, 2007. the parliamentary situation on time? here in the Senate—I get listed as an Almost immediately, the committee The PRESIDING OFFICER. There is asterisk—because of what he does to was called back into action to tackle a 50 minutes remaining on the majority make sure the Judiciary matters are bill to make emergency appropriations side and 1 hour on the minority side. kept here; Jessica Berry and so many for the wars in Iraq and Afghanistan. Mr. LEAHY. Mr. President, I see the others who keep this thing going. The committee produced a prudent and Senator from Georgia rising. Do you I said to Senator REID, our distin- responsible bill that required a new wish to speak? guished leader, we Senators are but course for the war in Iraq. The bill set Mr. CHAMBLISS. Yes, I do have a mere constitutional impediments to a goal for having most of our troops statement I want to make, followed by our staffs. We know they are the ones out of Iraq by January 1, 2008. Had the Senator ISAKSON. who run it. Roscoe Jones of my staff President signed that bill, most of our Mr. LEAHY. If the Senator is willing was here, probably never heard me say troops would already be home pre- to wait for a few minutes? that. He is trying desperately to keep a paring to celebrate the new year. Mr. CHAMBLISS. Surely. straight face, but it is a fact. Unfortunately, the President found Mr. LEAHY. Mr. President, I com- We have included within this money that the bill did not support his ‘‘stay mend the distinguished Senator from for DNA funding $4.8 million for the the course’’ policies and vetoed that West Virginia. In a few weeks, I will Kirk Bloodsworth post-conviction DNA bill on May 1, 2007. The Appropriations have served with him for 33 years. Now, testing grants, and $147 million for the Committee produced another bill, to- in ROBERT C. BYRD time, 33 years is but Debbie Smith DNA backlog grants. taling $120 billion, unfortunately this a moment. In PATRICK J. LEAHY’s time, I am privileged to know both Kirk time stripped of the important guid- it is a wee bit of time. But I remember Bloodsworth and Debbie Smith.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.156 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15866 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. LEAHY. Mr. President, I am tion systems so that they can share in- in Iraq, while the Iraqi Sunnis and Shi- pleased to note that we included fund- formation on criminal proceedings in a ites continue to fight among them- ing in the appropriations package for timely and efficient manner. selves. landmark programs created by the Jus- The intent of the Justice For All Act Despite that, this omnibus bill is a tice For All Act of 2004. Specifically, was to create a fairer and more accu- far, far better outcome than continued we provide $2.5 million for Capital Liti- rate system of justice for all Ameri- spending at the fiscal year 2007 levels, gation Improvement Grants to improve cans. The spending priorities set forth and the dire consequences that would the quality of legal representation in in the Justice Department portion of bring. State capital cases, and over $152 mil- the fiscal year 2008 Omnibus appropria- The State and Foreign Operations lion to improve Federal and State DNA tions package will help protect crime portion totals $35.1 billion in discre- collection and analysis systems crit- victims, maximize the use of forensic tionary budget authority including $2.4 ical to the prosecution of the guilty DNA evidence testing, and provide billion in emergency spending. and the protection of the innocent safeguards to prevent wrongful convic- Without emergency spending, the bill from wrongful prosecution. tions and executions. totals $32.8 billion, which is $2 billion The Justice For All Act capped more I note that this bill is the product of below the President’s regular fiscal than 4 years of effort by a bipartisan more than 9 months of work by the year 2008 request and $1.52 billion above House and Senate coalition that in- Senate and House Appropriations Com- the fiscal year 2007 level. cluded both supporters and opponents mittees. It meets the President’s arbi- Here are some of the highlights: of the death penalty. It is the most sig- trary budget ceiling, but because of the We provide $6.5 billion for global nificant step we have taken in many arbitrary ceiling, we have had to cut a health programs, including $345 million to combat malaria, $150 million for tu- years to improve the quality of justice number of things. Senator GREGG, Con- berculosis, and $5 billion for HIV/AIDS. in this country and restore public congresswoman LOWEY, Congressman We provide $546 million for the Glob- fidence in the integrity of the Amer- WOLF, and I worked on that to agree to al Fund to Fight AIDS, Tuberculosis ican justice system. the numbers so that the foreign ops and Malaria. Added to funds in the That law increased Federal resources part is not a Democratic bill or a Re- Labor, Health and Human Services bill, for combating crimes with DNA tech- publican bill, it is a bipartisan bill that this omnibus bill provides a total of nology, established safeguards to pre- attempts to address a myriad of foreign $841 million for the Global Fund, an in- vent wrongful convictions and execu- policy, national security, and domestic crease of $115 million above last year’s tions, and enhanced protections for vic- needs of this country. tims of Federal crimes. Other subcommittees worked just as level. It includes $446 million for child and It authorized the Debbie Smith grant hard and in a similar bipartisan man- maternal health, which is almost $100 program to address the DNA backlog ner. None of us are completely happy crisis in the Nation’s crime labs, and million above last year’s level. with the outcome. We had to make ex- We provide $1.69 billion for United created new grant programs to reduce ceedingly difficult cuts to get to the Nations peacekeeping, $550 of which other forensic science backlogs, train President’s number. But that is the na- will support the desperately needed criminal justice and medical personnel ture of this process. UN-African Union force in Darfur. in the use of DNA evidence, and pro- It is ironic that a President who said The bill provides $1 billion to assist mote the use of DNA technology to he would veto this bill unless it was the world’s refugees, and $100 million identify missing persons. It also estab- within his self-proclaimed budget ceil- to help Jordan cope with the hundreds lished enhanced and enforceable rights ing because he wants to keep a lid on of thousands of Iraqi refugees that for crime victims in the Federal crimi- spending, is asking Congress for an- have flooded that country, which is al- nal justice system. other $70 billion in emergency funding ready home to tens of thousands of The law also included legislation I to continue the war in Iraq. Palestinians. authored called the Innocence Protec- Those dollars do not score against The bill provides the requested funds tion Act. That measure provides access the budget, so the White House can for Israel, Egypt, Pakistan, Afghani- to postconviction DNA testing in Fed- espouse the fiction that the President stan, the West Bank, Lebanon, and eral cases, helps States improve the is being fiscally responsible at the other needy countries. quality of legal representation in cap- same time that he piles on the debt for It provides $1.54 billion for the Mil- ital cases, and increases compensation future generations. lennium Challenge Corporation, which in Federal cases of wrongful convic- Of course, he never threatened to is $344 million above the Senate-passed tion. It established the Kirk veto any of the appropriations con- level. Bloodsworth PostConviction DNA ference reports during the past 6 years. It provides $501 million for Edu- Testing Program to help States defray It is a political ploy after inheriting cational and Cultural Exchange Pro- the costs of postconviction DNA test- a balanced budget and tripling the na- grams, an increase of $55 million above ing. tional debt, but it is going to be hard the fiscal year 2007 level. Getting the Justice For All Act fully- felt by the American people. Cuts in The bill does not include the so- funded has proven to be tough, espe- funding for education, health care, pub- called Mexico City language con- cially given the fiscal crunch that all lic infrastructure, homeland security, cerning international family planning criminal justice programs have faced environmental protection, transpor- which would have led to a Presidential in recent years. However, as a senior tation—no part of the federal budget veto. It is regrettable that the Presi- member of the Appropriations Sub- was exempted except defense. dent would rather score political points committee that sets the Justice De- The State and Foreign Operations than support private organizations partment budget, I have worked closely portion of the bill is $2 billion below that would use our funds for voluntary with CJS Chairwoman MIKULSKI and the President’s budget. A full $1.3 bil- family planning services. Ranking Member SHELBY to include in lion of that cut was the result of the The bill provides $968 million for em- the omnibus package roughly $155 mil- President’s veto threat. bassy security, which is $190 million lion to advance the comprehensive and It means fewer children will receive above the fiscal year 2007 level. far-reaching reforms in the criminal vaccinations in the poorest countries, There are several other important justice system established under the less money for international peace- provisions in the State and Foreign Op- Justice For All Act. I thank my col- keeping, less for HIV/AIDS prevention, erations portion of this omnibus bill. leagues for their leadership in this care and treatment, less for non-pro- One would make long overdue re- area. liferation and anti-terrorism programs, forms to current law by allowing thou- State and local authorities will be less for disaster relief, less for edu- sands of persecuted refugees, barred be- better able to implement and enforce cation, environment, energy and agri- cause they were members of armed crime victims’ rights laws, including culture programs. groups that were allied with the U.S., Federal victim and witness assistance But, if the President gets his way, or who were forced to offer food, shel- programs. They can apply for grants to there will be tens of billions of dollars ter or other services to terrorist develop and implement victim notifica- more to keep our troops bogged down groups, to seek asylum here.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.160 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15867 This change was worked out by my- how pleased I was that war ended so which will require individuals from the self and Senator KYL, and would pro- quickly, that he was not in harm’s United States, Canada, Mexico, and the vide relief to such Vietnam-era allies way. Caribbean to present passports or other as the Hmong tribesman of Laos and I also worry that that is not some- documents proving citizenship before the Montagnards of Vietnam, and for thing parents can say when they see entering the United States. I was child soldiers and others who were parents and wives and husbands, chil- pleased to join with Senator STEVENS forced against their will to provide sup- dren and brothers and sisters when and many other colleagues from both port to terrorist groups. they see their family members in a war bodies in pushing for inclusion of this These people were there for us when that has lasted longer than World War important provision because it is clear we needed them, and we should not II. It is time to say: Come home, Amer- that the Department of Homeland Se- turn our backs when they need the ica. Come home, America, and face the curity and the Department of State are safety of our shores. It is an affront to problems in our country. Let the Iraqis not ready for a full rollout of the new our values and to our reputation as a now face their problems. Let them passport checks next summer. safe haven for victims of persecution. stand at the plate. Let us address the Muddled thinking, poor planning, and The changes we are making will also fact that we have so many unanswered administrative hubris have plagued im- provide relief for Iraqi refugees, some problems in health and science, in ad- plementation of the Western Hemi- of whom have been barred for paying dressing our myriad diseases, edu- sphere Travel Initiative. The Depart- ransom to secure the release of a fam- cation, infrastructure, and everything ment of Homeland Security has rushed ily member who was kidnapped by in- else in this country. to implement the new passport checks surgents. One thing I must say is that is in this before the necessary technology, infra- This change will not raise the num- bill, Senator STEVENS and I changed structure and training are in place at ber of refugees admitted to the United the so-called WHTI provision in the our border stations. If these critical States, but it will bring our laws back omnibus. It shows some realities across features of the deployment are not in in line with our values. the border into Canada and vice versa. place when the new program starts, we This bill contains other provisions, There are those of us who think of Can- will see severe delays at our border and some proposed by Democrats, some by ada as that great country to the North. law-abiding citizens from the United Republicans, which make important There are some of us who have family States, Canada, Mexico, and the Carib- improvements in our foreign assistance ties in Canada, some of us who feel bean will have great difficulty moving programs. that Canada is not a threat to the between our countries. Most impor- We provide $300 million for safe United States and we should not treat tantly, a hasty implementation will drinking water and sanitation pro- it as such. undermine the intended goals of the grams, consistent with the Senator Mr. President, one important issue I program. Paul Simon Water for the Poor Act. wish to highlight today is an inter- The massive backlogs in processing There are funds set aside for rec- national border issue with our friendly passport applications we saw earlier onciliation and people-to-people coex- neighbors in Canada, Mexico, and the this year when the Departments of istence programs in the Middle East, as Caribbean that could have severe im- Homeland Security and State started well as in other countries divided by plications for the social and economic to require passports for air travel is ethnic, religious, or political conflict. ways of life for communities all across just a taste of the chaos that is likely There are new provisions which ad- our country. when they start enforcing citizenship dress the problem of corruption and In the wake of the September 11 ter- checks at our Nation’s land and sea governance in countries that receive rorist attacks, Congress has enacted a borders in January. There is another U.S. assistance. number of new border security meas- train wreck on the horizon if these There are new provisions to improve ures, all with the expressed goal of pre- Federal agencies continue pushing for- monitoring of U.S. military aid to venting another terrorist incident. In ward with full implementation of the countries that have human rights prob- this bill, we have worked hard to pro- Western Hemisphere Travel Initiative lems, and to address the problem of vide the needed resources for these pro- before the necessary policies and proce- child soldiers. grams in a fair and balanced manner. dures are in place to handle the surge Mr. President, these are only a few of Post 9/11, everyone recognizes that in applications and the lengthy border the items supported by both Democrats there are potential threats and secu- crossing delays that are sure to come. and Republicans in this omnibus bill, rity needs, but we must implement I appreciate the recognition by this and they are only within the State and them sensibly and intelligently. Congress that premature implementa- Foreign Operations portion. Over the past few years, I have heard tion will recklessly risk the travel There are thousands of other impor- from many Vermonters about problems plans of millions of Americans and the tant domestic programs funded by each they have encountered at U.S. border economies of scores of U.S. States and of the other subcommittees whose bills crossings, from long traffic backups to communities. The Departments of make up this omnibus appropriations invasive searches and questioning to Homeland Security and State have bill. inadequate communication from Fed- shown that they need more time to es- Lastly, I wish the American public eral authorities about new facilities tablish a set of rules and procedures realized how much Senators on both and procedures. Such a top-down ap- that will do more than just shut our sides of the aisle work together. I wish proach does not work well in inter- borders down to legitimate travel and the American public realized the num- woven communities along the border, trade. ber of friendships there are on both where people cross daily from one side Mr. President, there is one item that sides of the aisle, both among the Sen- to the other for jobs, shopping, and cul- was in the Senate passed version of ators and their families. Are we going tural events. We have hardened secu- H.R. 2764, the State and Foreign Oper- to pass a perfect bill here? No. Am I op- rity around this Capitol and the White ations Appropriations bill, that the posed to the blank check for Iraq? Yes. House and built fences near San Diego. conferees agreed to address in the ex- We have been in Iraq longer than we But those procedures do not work on planatory statement accompanying the were engaged in World War II. It is Canusa Avenue in Beebe Plain, a two- amended bill that is Division J of the time to let our brave men and women lane road where one side of the street omnibus bill, relating to Uganda. come home to their families. I believe is Vermont and the other side is Que- That language directs the Secretary that from the bottom of my soul. The bec, or at the Haskell Free Library and of State to submit a report within 90 opposition I have to this bill is because Opera House, which straddles the inter- days detailing a strategy for substan- of that. national border in Derby Line, tially enhancing United States efforts I know how proud I was when my Vermont, and Stanstead, Quebec. to resolve the conflict between the youngest son, LCpl Mark Patrick That is why I am pleased that this Lord’s Resistance Army and the Gov- Leahy of the Marine Corps, was one to bill includes a much-needed delay for ernment of Uganda. The language answer the call in Desert Storm, as full implementation of the so-called specifies certain issues to be addressed much as I feared for his safety, and Western Hemisphere Travel Initiative, in the strategy. It also indicates that

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.044 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15868 CONGRESSIONAL RECORD — SENATE December 18, 2007 $5 million is provided to implement the water compacts, direct congressional appropriations bill. Only the Senate strategy. appointments, or equitable apportion- Energy and Water Appropriations Sub- Due to an oversight, the $5 million ment by the Supreme Court of the committee approved this language. It was omitted from the funding table in United States. has now been included in this omnibus the explanatory statement under the Obviously, interstate water compacts bill. That simply is not right. Economic Support Fund heading. How- are the preferred method for allocating Finally, let me say that I noted with ever, it is the intent of the conferees water, because they allow the States, interest the fact that last week, seven that this amount in unallocated Eco- which are the most knowledgeable States in the western part of the nomic Support Fund assistance be about their own water resources and United States signed a historic water- made available for this purpose. needs for water, to do the apportioning. sharing agreement. Mr. President, I yield the floor. I see That is what the Governors of Georgia, I congratulate those from Utah, Ari- the Senator from Georgia is about to Alabama, and Florida are currently zona, California, Colorado, Nevada, speak. trying to do. New Mexico, and Wyoming who worked The PRESIDING OFFICER. The Sen- The State of Georgia shares the Apa- on this issue and were able to complete ator from Georgia. lachicola-Chattahoochee-Flint River what I am sure was a very difficult Mr. CHAMBLISS. Mr. President, I Basin with Alabama and Florida. Geor- process. It gives those of us in the know many of my colleagues have be- gia also shares the Alabama-Coosa- Southeast hope for that light at the come involved in issues in their States Tallapoosa River Basin with Alabama. end of the tunnel, hope that we, too, stemming from a shortage of water After 17 years of litigation, the Gov- can reach agreement one day. I ask my over the years. Sometimes these issues ernors of these three States are finally colleagues to consider for a moment are intrastate, sometimes they are at the negotiating table finding a way that if during the midst of progress on interstate. Regardless of the size or forward on this very difficult issue. that historic water agreement a Mem- scope, they always get very com- I commend them for doing so during ber of the Senate attempted to use the plicated quickly. these exacerbating drought conditions appropriations process to prevent the The water wars between Georgia, we are now experiencing. It is always Corps of Engineers from implementing Florida, and Alabama that have been harder to discuss sharing water when the most up-to-date information in the going on for decades are no different in there is less of it to go around. So dur- management of the water that crosses that regard. They too get very coming this time of progress, it is mind those States. I hope those colleagues plicated very quickly. There are dec- boggling to see this language in the would consider the negative impact ades of negotiations, agreements, law- omnibus bill intended to block that that would have on the process in suits and settlements, and the Gov- progress. It is a blatant dilatory tactic. which their States were engaged. ernors of the three States are still at- I am disappointed it is included in this I read very carefully the language my tempting in good faith to come to a bill. I am disappointed for several rea- colleague from Alabama inserted into resolution. In fact, those three Gov- sons. this omnibus bill. I can only take sol- ernors met in Tallahassee, FL, yester- First, this is not an issue into which ace in the fact that at least the lan- day, along with Secretary Kempthorne, Congress should be inserting itself. The guage allows the Corps of Engineers to Corps of Engineers is required by Fed- to create a roadmap forward on this continue the process of updating the eral statute and their own regulations very complicated issue. water control manuals, even though it There is language included in this to operate the reservoirs with up-to- seems to prevent them from actually Omnibus appropriations bill that does date water control manuals. However, implementing those manuals, whatever for the ACF basin, the only approved not resolve the very complex problems recommendations come out of those water manual was prepared in 1958 and that the three States continue to deal manuals. We all know updating water does not even include the Federal fa- with, the allocation of water among control manuals is a 2-year process. cilities at West Point, Walter F. them. Rather, the language in this bill You can rest assured that we will re- George, or George W. Andrews. seeks to, one, insert Congress into the visit this issue and rest assured when The process of updating the manuals the time comes, I will do everything in middle of an ongoing dispute and at- has been on hold for almost 20 years as tempts to pick winners and losers in my power to make sure these critical litigation between the States has been updated manuals are actually imple- that dispute; two, it attempts to limit ongoing. However, last year, the U.S. mented. I think at the end of the day the ability of the Corps of Engineers to District Court for the District of Co- my colleague from Alabama will dis- provide complete and accurate tech- lumbia ordered that the Corps of Engi- cover that updated water control nical data to make recommendations neers proceed with its NEPA studies, manuals will benefit all parties in- to the States involved in the dispute; which is the necessary first step in up- volved in the difficult negotiations of and, three, prohibits the Corps of Engi- dating the water control manuals. The water allocation among the three neers from completing the process of court ordered it be done as expedi- States. updating water control manuals, which tiously as possible. I yield the floor. they have begun to do on one basin, Apart from the fact that Congress The PRESIDING OFFICER. The Sen- and which they are required to do by should not be inserting itself in this ator from Georgia. statute and their own regulations. issue, apart from the fact that every- Mr. ISAKSON. Mr. President, I asso- I object strongly to the language re- one knows updated water control ciate myself entirely with the remarks garding this issue included in this bill. manuals are required by law, have been of the distinguished Senator from The Army Corps of Engineers operates ordered by a Federal court and are ben- Georgia. Secondly, I express my appre- a number of different reservoirs across eficial to all parties, I am also dis- ciation to Senator REID for his attempt river systems around the country. Nor- appointed to see this language because when this was discovered to allow us a mally they conduct their operations of the process by which it got into this chance to debate the merits of the pro- under a water control plan, which is a bill. posal in division C of section 134 of the plan that identifies the objectives for This language was not in the House- Omnibus appropriations act. Unfortu- managing the system; basically, the re- passed version of the Energy and Water nately, that could not be done. Senator lease and retention of water for dif- appropriations bill. And, in fact, the CHAMBLISS and I are left with express- ferent needs, such as navigation, water only instance in which the House has ing our deep disappointment on the supply, hydropower production, recre- considered this issue was last year dur- floor of the Senate tonight. ation, as well as other needs. ing the debate on the fiscal year 2007 I ask unanimous consent to print in The water control plan is the manual Energy and Water appropriations bill. the RECORD the complete article of a by which the Corps of Engineers man- Similar language was removed from December 18, 2007, front-page article ages the river systems, and they do so that legislation by a House vote of 216 from the Marietta Daily Journal enti- within the confines of water alloca- to 201. So this language was not in the tled ‘‘Drought Talks to Speed Up.’’ tions set for each State. House-passed bill. There being no objection, the mate- Now water can be allocated among The full Senate did not even debate rial was ordered to be printed in the States in one of three ways: interstate the fiscal year 2008 Energy and Water RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.164 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15869 [From the Marietta Daily Journal, But fishermen have said that to keep the There is no more precious gift than Dec. 18, 2007] low amount of water going into the bay water, no better and more precious re- DROUGHT TALKS TO SPEED UP through the spring spawning season would source than water. There also is noth- (By David Royse) devastate the industry. Crist said he understands the needs of the ing better in the legislative process TALLAHASSEE, FLA.—The governors of bay’s fishermen and oystermen, who com- than a spirit of cooperation between three drought-stricken Southeastern states plained in a recent meeting that the river each of us who shares borders in our agreed Monday to speed up talks on sharing mouth and bay are already so salty that oys- States so as to find the right way to water during scarcities, hoping to end a ters can’t survive. Speeding up the timeline solve problems, not have dilatory tac- nearly 18-year fight over the issue by March. could mean earlier relief. The governors of Florida, Alabama and tics to postpone or delay problems. ‘‘Florida’s oyster industry faces an uncer- I conclude by expressing my deep dis- Georgia and federal officials also agreed not tain spring, due to the current drought,’’ to reduce for now the minimum amount of Crist said. ‘‘Spawning season is critical to appointment that the Omnibus appro- water that will flow into the Apalachicola our northwest Florida economy.’’ priations bill contains division C, sec- River, which feeds a major oyster breeding Crist also hinted that Georgia might need tion 134, which has those potentially ground in the Florida Panhandle. That eases to increase its conservation—noting Florida limiting factors and urge my col- the minds of some fishermen and Florida of- has made moves to cut use since the drought leagues to look to the future to find so- ficials—they had feared the flow could be began. lutions, rather than a way to protract further reduced to meet drinking water ‘‘We all share the difficulties of the current needs in Atlanta. Florida’s Charlie Crist, drought—all three of our states must provide and delay and find confusion. Georgia’s Sonny Purdue and Alabama’s Bob for comprehensive water conservation ef- I yield the floor. Riley said they agreed that their staffs will forts,’’ Crist said. The PRESIDING OFFICER. The Sen- continue to work together to come up with a None of the governors, however, would talk ator from New Mexico. plan for dolling out the region’s water by specifics about where their chief remaining Mr. DOMENICI. Mr. President, I March 15. obstacles lie. wanted to say to the two Senators who That was hopeful news to fishermen along Water flows into the bay are also a concern have just spoken, this Senator from the Panhandle Gulf Coast, who were looking for environmentalists, who worry about the effect of less water on other species besides New Mexico is ranking member of that at the prospect of water flows remaining committee. I am not chairman any lower than they say they can tolerate until oysters. June 1, when an interim agreement on flow The endangered Gulf sturgeon, and two longer of the committee they have al- levels originally had been set to expire. Now, species of mussel, the fat threeridge and the luded to. I can assure them that it was there’s a possibility of agreeing on raising threatened purple bankclimber, are also im- not overt action on this Senator’s part the amount of water coming into Florida periled by lower flows. that put that provision in the bill. I In early December, authorities said there earlier. think you know that. We would be ‘‘We’re cautiously optimistic,’’ said Kevin was less than four months of available water left in Lake Lanier. Perdue said recent re- talking; I am pretty accessible. You Begos, the director of the Franklin County two have already been telling me. I am Oyster & Seafood Task Force. ductions in flow that Florida opposed have U.S. Secretary of the Interior Dirk Kemp- aided in raising the lake’s level. hopeful that my presence on that com- thorne, who also participated, said he was ‘‘The flow reductions have helped, the abil- mittee will be of help to you in resolv- pleased the governors have agreed to try to ity to recover some of the rainfall and store ing whatever problems might be caused end the states’ nearly two decades of dis- that has helped,’’ Perdue said. ‘‘But we’ve by its being there. Having said that, I agreement on the issue as early as this got to have a protocol that determines how we’re going to share in times of scarcity, and want to make a comment. If it takes spring. me an extra minute, I ask for an extra ‘‘This was real. It was meaningful,’’ Kemp- that’s what we’re all trying to figure out.’’ Just last week, Florida water managers ap- minute at this point. thorne said. ‘‘The atmosphere today reinvig- proved restrictions on water use in the orates me that we can get this done.’’ The PRESIDING OFFICER. Without One of the worst droughts in years in the southern part of the state. Starting early objection, it is so ordered. Southeast has created a sense of urgency, all next year, outside watering will only be al- Mr. DOMENICI. I come to the floor three governors acknowledged. lowed once a week from Orlando south to the as I embark upon my last year as a ‘‘We’re talking about solving something Keys. Senator after 35 years. Tonight, today, we’ve been working on for 18 years within The meeting also follows a major agreement signed last week that will allow seven this week, this month reminds me of the next two months,’’ Riley said. something. It reminds me that it is The fast-growing Atlanta area gets most of western states to conserve and share Colo- its water from Lake Lanier, at the head of rado River water, ending a divisive battle time for the Senate to have a serious the river basin shared by the states. But among those states. debate on whether we should be doing drawing more water from the lake means Mr. ISAKSON. I would like to read appropriations every year and doing a less for downstream uses in Alabama and one sentence from that article: Gov- budget resolution every year or wheth- Florida. ernors Charlie Crist of Florida, Sonny er it is time for the Senate to do that Alabama is concerned about water for the Perdue of Georgia, and Alabama’s Bob on a 2-year basis, as many States do, Joseph M. Farley Nuclear Plant, near Riley said ‘‘that their staffs will con- and as we certainly could do, taking Dothan. Florida is concerned about freshwater tinue to work together to come up with the first year for appropriations and flowing into Apalachicola Bay, a prime shell- a plan for doling out the region’s water budgeting and the second year of the fish producing area, that produces about 1 in by March 15.’’ bi-cycle with no appropriations other 10 of the oysters eaten in the country. That common goal stated by those than emergency supplementals or The amount of freshwater flowing through three Governors today in Florida puts whatever we define. I believe it will the Apalachicola-Chathoochee-Flint river us within less than 90 days’ reach of work. I believe it will work because it system into the Gulf at the mouth of the what has been out of the grasp of the Apalachicola River has been reduced to near is better than what we have. I also be- historic lows, threatening the fishing indus- States of Georgia, Alabama, and Flor- lieve things are so bad in terms of not try there. ida for 18 years, since 1989. At the last being able to get our work done and The flow increased in recent days because minute, because of a broken process for ending up with appropriations like of a downpour over the weekend, but it had an Omnibus appropriations bill to con- this. been reduced to a level that fishermen had tain legislation that directs, poten- As good as they are, as hard as people said wouldn’t sustain their industry. Making tially limits, or sets the parameters by work, everybody knows it is not the them more nervous, U.S. Corps of Engineers which the Corps of Engineers might be way to do business. We have done it. officials had said they might reduce the flow further. And it wasn’t likely to be renegoti- able to implement control of the wa- Democrats have done it. I lay blame on ated until June 1. terways is just not right. It is my sin- no party. I merely say the Senate can’t At a Cobb County-Marietta Water Author- cere hope at some time in the future sleepwalk through this for much ity meeting on Monday, authority General those who might have thought this was longer. This is a huge problem with a Manager Glenn Page said that for the first a good idea will recognize it is actually simple solution. The solution will be a time since May, the level of Lake Allatoona contrary to what we in the Senate little one that will address a huge prob- increased. from the three States have attempted lem. Plain and simple, the legislation At full pool, Lake Allatoona is 840 feet above sea level. Page said the lake on Mon- to do when we had a summit in Wash- is drawn, committees have had hear- day was at 819.15 feet, about 5.5 feet below ington less than 2 months ago with our ings, a 2-year cycle for the processes of average for this time of year. On Friday, the three Governors and the Secretary of budgeting and appropriations. I hope lake level was 818.88 feet. the Interior. those who have come up to me in the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.047 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15870 CONGRESSIONAL RECORD — SENATE December 18, 2007 last week will follow through. I hope the Senate. It was received yesterday. lobbyists who need a lot of the special the chairman of the Committee on the Normally it is a courtesy in the Senate projects and earmarks in this bill. Budget, who has indicated he is going that the bills we are debating are So instead, we have come up with to look carefully and study thoroughly, placed on every Senator’s desk so that this arcane procedural process. This is will do that quickly. we can at least have the pretense that not really a bill; it is some form of I would like to join with those early we have looked at them. But you will message. And we are going to pass it on next year in seeing what we can do notice that this bill is not on any desk separately so that we can have it both to better a process that has served us in the Chamber because there is not ways and no one can be blamed for the well but, clearly, at this point in his- one single Senator here tonight who mismanagement. But there should be tory, considering the size of govern- can say they have read this bill. no mistake. NANCY PELOSI is the ment, how often government must Mr. DURBIN. Will the Senator yield Speaker of the House, and HARRY REID produce budgets, how wasteful that is, for a question? is the Senate majority leader. The all the other things that go with it, I Mr. DEMINT. No, sir, I am going to Democrats are in charge of Congress. would hope we might make some giant make my statement. I know we are all This is their process. It is their bill. move in the right direction. tired and ready to go home. I do appre- And I am afraid, my colleagues, it is a I yield the floor. ciate the work of my colleagues. I wish disgrace. The PRESIDING OFFICER. The Sen- them all a very Merry Christmas and a This is the bill. As I have said, it ator from Vermont. wonderful time with their families. But might be the largest bill in the Na- Mr. LEAHY. Mr. President, I am ad- this is the last bill of the year. It is not tion’s history. It is the most expensive vised that there are between both sides just any bill. We began the year, all of bill in America’s history—3,400 pages- nearly an hour and a half left to de- us, very hopeful. Oftentimes a change plus; 24 hours to consider its contents. bate. My colleagues have been asking is helpful as we rethink how we do It took over 6 hours just to print this when we might vote on this and on the things. In fact, I began this year intro- out. There is one copy in the cloak- judge who is also to be voted on. If my ducing one of Speaker PELOSI’s bills room on both sides. We have not even friends on the other side are willing to that provided more transparency to read it. It contains over 9,000 earmarks. yield back all their time, I am willing earmarks that I thought was better If we can see this chart over this large to yield back all time on this side and than ours. I introduced it on the Sen- stack of legislation: 9,100 earmarks, go to a vote on this measure. I am not ate side. But, unfortunately, as we plus the 2,100 that have already been trying to cut off anybody from their have gone through the year, we haven’t passed. long speeches. But if they are willing been able to get our work done. If you remember, a lot of the culture to do that, we could save an hour and We like to say we are the world’s of corruption we talked about at the a half, yield back time on both sides, greatest deliberative body. I have to beginning of this year was attributed and then yield back everything but 1 ask my colleagues tonight, on the larg- to the earmarks—trading earmarks for minute per side on the judicial nomina- est bill we have ever considered, the bribes and earmarks for campaign con- tion and go straight to a vote on that. most expensive bill we have ever contributions. The new majority promised Do I hear any takers? sidered, what deliberation? the American people, with my support, I ask unanimous consent that all We don’t even know what is in this that we would reduce the number of time be yielded back on both the Re- bill. We haven’t had any real debate. earmarks significantly. publican and Democratic side. We are going to try to cut it off in an One of the last acts of the Republican The PRESIDING OFFICER. Is there hour or so. This is a couple of times majority was to stop the big omnibus objection? bigger than the Bible. It is bigger than last year and to force a continuing res- Mr. DEMINT. I object. Webster’s Dictionary. It has some of olution where the result was only 2,600 The PRESIDING OFFICER. Objec- the most important provisions to di- earmarks. tion is heard. rect our country over the next year Those who say this large number of Mr. LEAHY. You want to stay here that we could possibly consider. We earmarks has always been a part of the for the next hour and a half and vote don’t even have a desk copy. Senate do not know our history. All and the next hour or so for the judge I would like to make a few things you have to do is go back to 1995: 1,400 and vote. clear about this bill. This does not in- earmarks. If you go back past then, Mr. DEMINT. Will the Senator yield? clude the Iraq and Afghanistan money. there were fewer than that. I think there are a few of us who would We voted on that separately. It is done. This is not a constitutional function. like to make comments on the omni- It is going to go back to the House. A It has not been part of the history of bus, but I don’t think we are going to vote against this bill is not a vote the Senate. This growth in earmarks is use all of our time. against our troops, but it is a vote a perversion of the purpose of this Con- Mr. LEAHY. I recommend that the against how this has been done and the gress, where we have changed our focus Senators, for those who wish to go mismanagement that has occurred. To from national interests, the future of home, may want to make speeches bring this much spending and this this country, to parochial, special in- after the vote. If they would like to many provisions, 3,400 pages plus in 24 terests that we work on every year and make them before, of course. If they hours, and ask us to vote on it is irre- hardly even talk about those issues would like to make them before, they sponsible. that challenge our Nation—such as a have that absolute right, and we would There should be no confusion to- Tax Code that is sending jobs overseas; not yield back any time. night. We are not going to vote on the entitlement programs, where we do not Mr. DEMINT. That is my preference, Iraq funding, which we passed. I am have a clue how we are going to pay for to make some comments. here to encourage my colleagues to them; health care, when people cannot Mr. LEAHY. Then I will not yield consider for many reasons voting receive it in our country. We are fight- back. against this omnibus spending bill. I ing over bike paths and museums and The PRESIDING OFFICER. Who am afraid it is indicative of the way we little special projects all year long. yields time? have run this year, as we look at this This year, with the new majority, we The Senator from South Carolina. big bill sitting in front of us. are back up to the second highest level Mr. DEMINT. Mr. President, hope- I am afraid the new majority has at- in history of the number of earmarks, fully, we can cut the time short. We in- tempted to cater to so many special in- special project earmarks, that we are sist on some comments about this bill terests with so many diverse interests supporting in this bill right here, and because it is probably the largest bill that we have really become dysfunc- we do not even know everything that is that has ever passed in the Senate. It is tional and have not been able to get in it as yet. It contains at least $20 bil- sitting in front of me tonight. It our work done. They cannot really sup- lion in budget gimmicks and so-called amazes me we are willing to take this port the funding of the troops or they emergency spending. I could go down lightly. This is the bill we are getting will irritate the antiwar left. They can- the list. It would put a lot of people to ready to vote on, probably the biggest not vote for fiscal responsibility or sleep. There are a number of ridiculous spending bill that has ever passed in they will irritate the special interest provisions that we are just finding.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.167 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15871 The serious debate over immigration compromising of our border security. ator—he has probably followed this— came down to at least one starting so- The list is getting longer and longer, the Senate Appropriations Committee lution: that we are going to secure our and we are not even a quarter of the has considered all of the bills that are borders. We voted the money to build way down the bill yet. contained therein. There have been fence and barriers on our borders. But I encourage my colleagues to join the changes, for sure, but those that came this bill changes what we have already American people and help us stop to the floor—about 7 of them—passed passed. It allows for only a single-layer wasteful spending. This is the last bill with over 75 votes apiece. So to suggest fence and takes out the requirement of the year. It is the last vote. It is that this is a mystery document is to for the location of the fence in States, going to say a lot about this Congress ignore the Internet, ignore the avail- that the money cannot be released and what we have accomplished. This ability, and ignore the obvious. The until 15 new requirements authored by is our chance to at least say: No more last time, the Republican majority the Appropriations Committee are sat- business as usual. We are not going to passed two appropriations bills. Con- isfied. It is just designed to delay what do business this way, where we pile gratulations. We want to pass them all. the American people made clear to us 3,400-plus pages on a desk, in 24 hours, And this is your chance. You can vote earlier in the year. They want us to and ask the Senators of this country to no. That is your right as a Senator. have a country with secure borders. vote for it without even knowing what Let me say a word about earmarks. This bill changes that. It also provides is in it. It is not the way to run a Sen- About 4 inches of the document in $10 million to pay for lawyers for ille- ate. It is not the way to run a country. front of you consists of complete dis- gal aliens. I plead with my colleagues, let’s closure on earmarks—the most de- The English requirement. The Senate leave this year on a positive note. Vote tailed disclosure in the history of Con- passed language earlier in the year to against this omnibus and give Ameri- gress. And your chart, unfortunately, ensure that employers are not sub- cans a real Christmas present. tells the story from the wrong angle. jected to Government-funded lawsuits Thank you, Mr. President. I yield The total dollar amount of the ear- if they require English in the work- back. marks contained in those appropria- place. This bill takes that protection The PRESIDING OFFICER. The as- tions equals 43 percent of the earmarks away from employers and exposes them sistant majority leader is recognized. contained in the Republican appropria- to lawsuits because they need English Mr. DURBIN. Mr. President, for 46 tions bills of 2 years ago. A 43-percent spoken in the workplace. hours and 8 minutes—for 46 hours and 8 reduction in the dollar value of ear- Sanctuary cities. The prohibition minutes—the Senator from South marks, total transparency, total dis- against sanctuary cities was taken out. Carolina has had an opportunity to go closure—I thought that is what you There are special earmarks for the to the Internet and see this bill in its were asking for when you stood up dur- AFL–CIO, a number of others. entirety, with his staff, and to read ing the ethics debate. We could go down the list. Again, we every page—46 hours and 8 minutes. Let me also say that the Senator is are just starting to find out what is in For this Senator to suggest on the opposing the removal of authorization the bill. I know very few Senators here floor that we are sneaking this bill in, language from appropriations bills. tonight know what is really in it. that people have not had a chance to That is a point under our rules that is The organizations that are watching see it, I would just say to the Senator debated all the time. It happens. It this Congress to try to identify waste from South Carolina: Welcome to the happened in my bill, in my appropria- are going to be key voting this tonight. world of the Internet. This bill has tions bill. And most of the time it hap- I think my colleagues know they con- been posted since 12:15 a.m. Monday pens because the White House tells us sider that a very serious issue. The morning on the Internet for your pe- they do not want the language. Citizens Against Government Waste rusal. That is early to get up, I under- The last point I want to make to you are saying vote no. The Club for stand. It is an early time to be reading is that to suggest that this bill is Growth says vote no. The American the bill. But, please, do not come to the wasteful spending comes at just the Conservative Union says vote no. The floor and suggest that this is a mystery right moment—just the right mo- Americans for Prosperity: No. Ameri- bill which no one has seen. For 2 days, ment—after the Senator from South cans for Tax Reform: No. National Tax- this has been posted on the Internet. Carolina voted for $70 billion on a war payers Union. We can continue to go You have had your chance. Every Sen- that is not paid for. And the Senator down the list. All the organizations ator has had a chance. And inciden- joined in opposing our efforts to pay that downloaded this off the Web last tally, this bill was passed pursuant to a for a reduction in taxes. Wasteful night and began looking through it budget resolution. spending? What the Senator did in within an hour or two found things Mr. DEMINT. Has the Senator read those two votes is to pass billions of that made it unacceptable. the bill? Have you read the bill? dollars in debt on to future genera- It is an unacceptable bill, and it Mr. DURBIN. Regular order, Mr. tions. should not be part of the world’s great- President. The Senator from South I would urge the Senator, discover est deliberative body tonight. But I Carolina would not yield for my ques- the Internet, discover the opportunity think we agreed—I think the American tions, and ordinarily I do, but I am to read these bills. And when you do, people asked the new majority to end going to make this quick because it is you will see that this information has business as usual. I hope we can do that late at night. been available now for 46 hours and 13 tonight. I hope we can give the Amer- I say to the Senator from South minutes. ican taxpayers a real Christmas Carolina: Welcome to the Senate where I yield the floor. present and stop wasting their money, we pass a budget resolution. We did The PRESIDING OFFICER. The Sen- stop breaking the promises. While we that this year. It is new to the Senate. ator from Vermont. are making all the new promises in We did not do that last year. Welcome Mr. LEAHY. Mr. President, in this here, we are not making provisions to to the Senate where we are going to discussion of earmarks, of course, the keep the promises we make. pass appropriations bills. It did not elephant in the room—and I do not nec- I know most of my colleagues believe happen last year. The Senator may re- essarily mean that as a pun—are the this is not the way we should be run- call when he arrived that the Repub- hundreds of billions of dollars of earning the Senate and that they would lican-controlled Senate failed to pass marks from the President of the United like for there to be a better way. We do 11 appropriations bills, and we had to States: the blank check to the war in not have to vote against the troops to pass them when we arrived in the new Iraq; the blank check to the people who vote against this bill. I would encour- Senate. are hired as contractors, various com- age my Democratic colleagues, many So for him to suggest that what we panies—Halliburton is one that comes of them who have stood with us this are doing here does not give the Amer- to mind, but many others, Blackwater year on earmark reform, that is one ican people a chance to see what has and so on. These blank checks—nobody reason alone to vote against this bill: happened—this has been the most wants to talk about those. the policy changes, the moving more transparent approach to passing these But every President—not just this money to Planned Parenthood, the bills. In fact, I might say to the Sen- President but every President—has

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.169 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15872 CONGRESSIONAL RECORD — SENATE December 18, 2007 hundreds of billions of dollars in ear- tion, I will move again to yield back Bush, but it does so in a way that uses marks in the bill. This President has all time on this vote and all time on budget gimmicks and hides billions of had trillions of dollars. That is why the judge’s vote, so we can go to both dollars in extra spending. As the only this President, who inherited the larg- those votes back to back. accountant in the Senate, I can tell est surplus in the Nation’s history, has The PRESIDING OFFICER. The Sen- you the Federal Government’s budg- turned it into the largest deficit in the ator from Wyoming is recognized. eting is criminal. If a private company Nation’s history. And it is why? Be- Mr. ENZI. Mr. President, I do need to forgot to count $11 billion against their cause with the combination of his defi- rise to speak in strong opposition to budget, the CEO would go to jail. cits and his war in Iraq, he is just pay- what folks in Wyoming have figured I support some of the funding in this ing the interest on the Bush adminis- out is an ominous omnibus appropria- bill. I support full funding for our vet- tration’s debt and the war—just the in- tions bill, and they think there are lit- erans. I support providing money for terest and the cost of the war. erally billions of reasons to vote border security. Almost all of these Every day, 7 days a week, 365 days a against this bill, and that is what I in- provisions are worthy areas for Federal year—366 in leap year—we spend $1 bil- tend to do when I vote on it. funding. But we cannot spend money lion every single day—every single We are nearly a quarter of the way on everything we want and call our- day—in interest and the war in Iraq. through fiscal year 2008 and only one of selves fiscally responsible. If the That is money that does not go to edu- the 12 appropriations bills is law. The money is needed for these programs, cation, does not go to finding a cure for remaining 11 bills are stuck together in maybe we should cut out the more cancer or Alzheimer’s or diabetes or this bill. There is one-half trillion dol- than 9,000 earmarks that were in the AIDS. It is $1 billion a day that does lars of spending in the 3,000-page bill. bill to pay for them. At some point, not go to educate our children and our Now, when I was going to school, we someone will have to pay for our over- grandchildren. It is $1 billion a day spent a lot of time figuring out what a spending, and I would ask: Where do that does not go to find a way to make million was, and I think I kind of fig- my colleagues think that money comes sure our schools can start competing ured that out after I got here. But we from? This money is coming from again with schools around the world. It talk mostly about billions, and that is mothers working at the mall or fathers is $1 billion a day that does not go to a little tougher to do. But I did run who are building buildings or farmers paying down the national debt. into one example that explains a bil- plowing their fields. They do not work So those are the earmarks we do not lion a little bit, and that is if we are so hard so they can serve up a dish of talk about. talking about a billion seconds ago, we pork to people thousands of miles away Mr. President, I yield to the senior are talking about 1959. If we are talk- without their consent. But that is what Senator from Florida. ing about a billion minutes ago, Christ the architects of this bill are doing. Mr. NELSON of Florida. Mr. Presi- was walking the Earth. If we were talk- My concerns with this bill are more dent, I thank the distinguished Senator ing about a billion dollars of spending than just fiscal. We do have a process from Vermont. I will be very brief. I ago, we are talking about 8 hours and around here for considering legislation. will vote for this bill. There are good 20 minutes, the way we are spending it I am talking about legislation versus things in the bill and there are bad right now. appropriation. This bill ignores that things. One bad thing, as the Senator There was some comment about not process and the Senate rules that ex- from Vermont was listing off a number having access to the bill. Well, the Web pressly prohibit legislating on appro- of things that have not been ade- site had the bill the way the House was priations bills. By making it an omni- quately funded, is the fact that the to address it 2 days ago. I suspect you bus bill, it makes things that are im- widows and orphans of the people who can get through the 3,400 pages if you portant seem insignificant when com- have served our Nation in uniform are stayed up the whole 48 hours and read pared to the one-half trillion dollars we not being compensated a paltry $1,200 a it, but we didn’t know what that bill are spending. So it seems petty if any- month due to an offset between what was going to be after their action until body suggests taking out some minor they paid—what their spouse paid for less than 12 hours ago—perhaps a few item of a few million, or even a few bil- in the spouses’s benefit, and what, more than that, considering the time lion, considering the size of the bill. under the dependents indemnity com- of night it is now. But this is a real But I am talking about the legisla- pensation, they are entitled to by law. unreal state of affairs and it has be- tion part. It ignores the process and This bill, to its credit, tries to ad- come the norm. the Senate rules that expressly pro- dress that offset but addresses it with a It has been pointed out that this isn’t hibit legislating on appropriations paltry $50 per month for those widows the only year we have done an omnibus bills. Again, because it is an omnibus and orphans. It was President Lincoln bill, but this is exhibit No. 1 on what is bill, we don’t have the same right to who said a Nation has an obligation for wrong with government in this coun- challenge parts that would be legis- those who went to war to care for the try, and I don’t want to condone it. lating. We do hold hearings in com- widows and orphans. Widows and or- Every year this happens, every year we mittee. We work within the committee phans are a cost of war, and we have drive an omnibus, we get closer to fi- to develop and pass legislation. Then denied that cost and we still do so nancial ruin when we do that. What we consider the bill on the Senate again tonight. We have only been have we been spending our time on this floor. We do this so that important working on this for 7 straight years, year? Political votes, not policy votes. issues get the input and attention the and at least we got a paltry $50. But And the American taxpayer is paying American people expect and deserve. It there is much more that needs to be the price here in the eleventh hour to might take longer to go through these done to right this wrong. the tune of billions of dollars. steps, but the product is better; not I yield the floor. In the 2006 mid-term elections, the perfect, but certainly better than the The PRESIDING OFFICER. The Sen- American people called on us to stop product that is before us today. ator from Vermont is recognized. business as usual. They called on us to The amount of legislating in the Om- Mr. LEAHY. Mr. President, I see the stop overspending. They called on us to nibus appropriations bill, particularly Senator from Iowa, who obviously has change. That is the message we gave the Labor-HHS title, is criminal and the right to speak. Let me ask again them, that we were going to change. outrageous. HIV/AIDS funding is a per- how much time remains on both sides. But instead of change, we have seen fect example. A year ago, we passed a The PRESIDING OFFICER. The ma- Washington run in a more partisan bill with a formula in it that made sure jority controls 30 minutes and the mi- manner than ever before. This bill con- that money for HIV/AIDS followed the nority controls 32 minutes. tains 3,400 pages, and I can’t imagine patients. How well did that do? It Mr. LEAHY. Mr. President, I hope we that many of my colleagues have read passed unanimously in the Senate and can quickly reach a point where Sen- it, even those who knew it was on the it passed unanimously in the House. ators on both sides are willing to finish Web site 48 hours ago. You can’t be more bipartisan than speaking. Obviously, I am not going to In the crazy world that is Wash- that. You can’t be more agreeable than ask to cut off anybody’s time. As soon ington, the bill complies with the that. We said the formula was right as there is no Senator seeking recogni- spending level set forth by President and that the money should follow the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.170 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15873 patients. Well, there is legislation in oil and gas wells, with no guarantees from the budget, and he turns right this bill that changes that formula, that the permits will move forward in around and demands that Congress add and it never received a hearing before a an expeditious manner so they can more than 10 times that—more than congressional committee, it has never produce more domestic energy. If we $200 billion—for wars and tax cuts, all been marked up, and it was inserted in don’t produce more energy, the price, I of it unpaid for, all of it added to the the House bill without a full debate or guarantee you, will go up. You cannot deficit. And this is what he calls budg- even a vote. constrain the supply and get the price et restraint and fiscal conservatism? We struck that part over here. We to go down. As I said, that claim is simply laugh- struck that part by a very significant It is unfortunate that Congress wait- able. vote because it was mostly 7 cities ed until December 18 to advance these Actually, this is not so much laugh- stealing from 42 other cities. That is appropriations bills. Without the able as it is shameful. Bear in mind not the way to legislate. So striking ‘‘gotcha’’ politics part, they could have that in October the Senate passed an that part did occur in the Senate by a been completed more than 2 months appropriations bill for Labor, Health significant vote. So much for trans- ago. They could have been completed and Human Services, and Education by parency and sunshine in Washington. in a very bipartisan way. We have to an overwhelming 75 to 19 margin, in- The Labor-HHS section of the bill is quit playing ‘‘gotcha’’ politics. Con- cluding a strong majority of Repub- not the only section that includes gress wasted countless weeks writing lican Senators. That bipartisan support problematic legislation. The bill in- and debating bills that were never reflected the fact that the bill funded cludes provisions that allow a 2-percent going to be signed. The President has essential, life-supporting, and life-sav- deduction of State mineral royalty been quite vocal about his objections. ing services for millions of people in payments to help cover administrative People on both sides of the aisle have this country. That bill reflected the costs at the Department of Interior. expressed objections on a lot of the values and priorities of the American Let’s see, what does the Department of things we have voted on. people. Interior do? They get a check from Wy- So here we are today, a week before But even before we brought the oming companies, collected by the Christmas, cramming through in 1 day health and education appropriations State of Wyoming, audited by the a project larger than several Manhat- bill to the floor, President Bush threat- State of Wyoming, and they take half tan phone books, and that most of my ened to veto it. He dismissed the bill as of it and send us a check back for the colleagues have not had the time to ‘‘social spending,’’ as though it pays other half. That check is going to cost read and review, and that is even if for Saturday night socials or some- us $20 million. they divided it up among all their staff Whoever heard of paying somebody thing. Then, on November 13, in one and had them look at all the parts they fell swoop, Mr. Bush vetoed the bill, $20 million to write you a check? Well, are familiar with. So I am telling you maybe there is some accounting they and insisted, again, that we bend to his I am offended by the process. I am dis- budget demands. have to do to figure out whether the appointed in the institution. I vote money sent was exactly right. You Let me remind our colleagues what ‘‘no’’ on the bill. I want us to change it. Mr. Bush was demanding. The Presi- know, accountants are not allowed to Mr. President, I yield the floor. take a percentage of the money. That Mr. HARKIN. Mr. President, I am dent demanded that we cut cancer re- is what lawyers do. Accountants are disappointed with the omnibus appro- search and other medical research at supposed to stay on flat fees, and I priations bill that is before us today. the National Institutes of Health. guarantee you nobody ever got $20 mil- With the McConnell amendment, this He demanded that we cut thousands lion for a few minutes work. That is omnibus bill will write yet another of families from the Low Income Home another example of the Government blank check—this one for a whopping Energy Assistance Program. taking money that is owed to States to $70 billion—for the President to spend He demanded that we completely pay for the unrelated Federal priorities on his wars in Iraq and Afghanistan. At eliminate the safety net that includes because a majority in Congress doesn’t the same time, this bill will grossly job training, housing, and emergency control spending. underfund urgent priorities here at food assistance for our most needy citi- The omnibus contains provisions to home—everything from cancer re- zens, including seniors and people with prohibit the Department of the Interior search to law enforcement to home disabilities. from issuing final regulations for oil heating assistance. He demanded that we slash funding shale development, even though the And why is this happening? It is hap- for Community Health Centers, pre- process for development was laid out pening because President Bush has re- venting 225 new centers from opening. through careful bipartisan negotiations fused to compromise, refused to nego- He demanded that we dramatically that came through a committee and tiate, refused to respect Congress as a cut funding for law enforcement and that were voted on by the people in the coequal partner in the budgeting proc- the COPS program. committee, that were voted on here on ess. He demanded that we cut funding for floor of the Senate, that were voted on The President claims that he is special education and Head Start. the House floor, and that were com- standing on principle, the principle of I am pleased to say that we did not bined into what we call the Energy budget restraint and fiscal conserv- allow these heartless, misguided prior- Policy Act of 2005. We said: Get that atism. But this claim is laughable. ities to prevail entirely. The President process set up. We didn’t say: Do the Think about it: Mr. Bush provoked a has refused to compromise, refused to process. We said: Get the process set bitter confrontation with Congress negotiate—and, no question, this is up. over the $22 billion that we proposed going to hurt millions of Americans, Well, there is language in this bill spending on urgent domestic priorities including the most needy among us. that says: You can’t set it up. You above his budget request. Democrats Nonetheless, I am pleased with what can’t do what we said in 2005 as a ne- offered to split the difference, lowering we have been able to salvage in this cessity for getting energy going in this that amount to $11 billion. But Mr. bill. country. Now, there are plenty of pos- Bush still refused to negotiate or com- The omnibus bill before us today sibilities for stopping that process promise. technically yields to the President’s through things that are already in Meanwhile, he and his allies have in- top-line number of $515.7 billion. But I place, but, no, there is legislation in sisted on vastly more than that—a am pleased to report that it shifts this bill that says: We don’t want en- total of $144 billion—for the war in Iraq funding in order to address some of the ergy. We don’t want you to even con- this year, all of which will simply be bottom-line priorities of the American sider energy. We don’t even want you added to the deficit. At the same time, people and of the Democratic majority to set up the regulations for how you he demands a $50 billion AMT fix— in Congress. might proceed in an orderly way so which we all favor—but he insists that Even within the constraints of this that we can object to that orderly way we not pay for it. That’s another $50 bill, the final Labor-HHS-Education if we want to. billion piled onto the deficit. section of the omnibus includes signifi- It also includes the new $4,000 fee for So the President has forced Congress cant increases above the President’s each application for a permit to drill to cut $22 billion in domestic funding budget. For instance, it includes: an

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.172 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15874 CONGRESSIONAL RECORD — SENATE December 18, 2007 additional $607 million for the National lion, mostly for Iraq. The Congres- PECUNIARY INTEREST LETTERS Institutes of Health, additional $788 sional Budget Office now estimates Mr. HATCH. Mr. President, today I million for LIHEAP, the home-heating that Mr. Bush’s war in Iraq will cost a rise to discuss an unintended oversight assistance program for low-income staggering $1.9 trillion through the by my office in connection with the families. next decade. Yet, just last week, he disclosure of a congressionally directed It provides $77 million above the pledged to veto the omnibus bill be- funding project in the House message President’s budget for community cause of $11 billion in funding for edu- to accompany H.R. 2764, the Omnibus Health Centers, allowing more than 50 cation, health, biomedical research and appropriations bill. When I filed my new centers to be opened. other domestic priorities. original requests for funding for It provides an additional $955 million Think about it: The President is de- projects in May of this year, I did not for Head Start, Title I, special edu- manding that we continue to spend $12 realize the letter included a request to cation, and teacher quality. billion a month on his war in Iraq, yet fund the Old Dome Meeting Hall Ren- It also provides an additional $150 he objected to an additional $11 billion ovations project in Riverton, UT. Sub- million for the Social Security Admin- over a full year for domestic funding. sequently, with the enactment of Pub- istration to help clear out the backlog This is simply not reasonable or ra- lic Law 110–81 on September 14, 2007, of disability claims. tional. along with other Members of the Sen- However, because of the President’s At the same time, the President is ate, I was asked to sign, and did sign, veto threat and refusal to compromise, insisting that we send him an Alter- various certification letters in connec- law enforcement remains woefully un- native Minimum Tax fix costing $50 tion with our requests for project fund- derfunded, in particular support for billion. Yes, we need to fix the AMT, ing. local police departments. Fewer com- and we need to do so in a responsible Upon a review of our files last night, munity health centers will be opened way. But, Mr. Bush has a different with respect to the forthcoming House and fewer children will be vaccinated. idea. He refuses to pay for the AMT fix. message to accompany H.R. 2764, the More than 80,000 fewer children will be He insists that we simply pile it onto Omnibus appropriations bill, we deter- served under Title I. the deficit, dumping it on our children mined that the certification letters Every dime of additional funding in and grandchildren. sent to the committee may have been this bill goes to meet basic, essential Bear in mind, by the way, that this incorrect, as a member of my family needs here at home—needs that have AMT problem is not a surprise to any- may be deemed to have an indirect pe- been sadly neglected in recent years, one. The 2001 tax cut bill deliberately cuniary interest in one of the items re- even as we have squandered hundreds refused to address the AMT issue in quested in my letter to the Appropria- of billions of dollars in Iraq. order to squeeze in hundreds of mil- tions Committee dated May 15, 2007. I voted against the McConnell lions of dollars in additional tax cuts, Upon discovering this oversight, I for- amendment to provide another $70 bil- overwhelmingly for the well-off. Mr. warded a letter to the attention of Ap- lion in funding, mostly for Iraq. The Bush used the AMT to mask the true propriations Committee chairman, war in Iraq has not reduced the threat cost of the tax cuts. But, in doing so, ROBERT BYRD, and ranking Republican of another terrorist attack in America, he left the AMT as a ticking time- member, THAD COCHRAN, which I be- it has increased that threat. It has not bomb that would soon double the num- lieve to be in accordance with the facts defeated Islamic terrorists, it has ber of Americans subject to the tax. now known to me. Today, that time-bomb is exploding, I have chosen to address these issues brought more recruits to the ranks of threatening to hurt millions of middle- openly on the floor of the Senate to al Qaeda. class families. The House of Represent- clear up any facts regarding this com- Nor has the so-called ‘‘surge’’ in Iraq atives, to its great credit, came up pletely unintended and unfortunate succeeded as advertised. The whole ra- with a responsible way of paying for oversight. I want my colleagues to tionale for the surge was to create the AMT fix. The House proposed to know that I always have and will con- breathing space for new elections in eliminate the so-called ‘‘carried inter- tinue to do everything possible to en- Iraq and reconciliation between Sunnis est’’ tax break for hedge fund managers sure I meet all ethics laws, rules, and and Shiites. These things have not hap- with multi-million-dollar incomes—a requirements here in the U.S. Senate. pened. tax break that allows them to pay For the reasons I have outlined and I joined with Senator FEINGOLD to at- their taxes at lower marginal rates in an effort to meet the highest ethical tempt to link any new funding for Iraq than middle-income Americans. standards, I will be voting present on to a deadline for redeployment of our Eliminating this egregious tax break the Omnibus appropriations bill when I troops. Unfortunately, that amend- is a matter of basic fairness. It also otherwise would have supported the ment failed. This means that the next would help to pay for the AMT fix. But legislation. $70 billion appropriation for Iraq will the President said no. He promised to Mr. COCHRAN. I appreciate this col- not require any redeployments, nor veto it. All of which means that the $50 loquy and your intent to meet all the will it include any benchmarks that billion we spend on the AMT patch will new, as well as old, ethics requirements the Iraqi government must meet. It is not be paid for; it will be added to the regarding earmarks in appropriations simply a blank check, untied to any de- deficit and the debt. That is not just a bills. This is the first year for imple- mands or expectations, and that is un- shame; it is shameful. mentation of many of these new ethics acceptable. So I regret that the President vetoed rules and there has been some not un- Indeed, I find it ironic that Mr. Bush a good, bipartisan Labor-HHS-Edu- expected confusion over how some of has been more than happy to spend un- cation appropriations bill that passed the new requirements must be imple- told billions of dollars on schools, hos- this body overwhelmingly. I regret mented. I applaud your aggressiveness pitals, job training, and law enforce- that Mr. Bush has refused to negotiate in making sure that you have done ev- ment—in Iraq. But when we try to ad- or compromise. I regret that he de- erything within your knowledge and dress those priorities here at home, Mr. mands that we spend endlessly on his power to ensure that you have com- Bush gets out his veto pen and hoists war in Iraq, even as he demands that plied with all the rules and require- the flag of what he calls ‘‘fiscal con- we slash essential services and pro- ments that are specified by the rules of servatism.’’ grams here at home. the Senate with regard to the use of But, as I have said, Mr. Bush’s pose But, despite all of these disappoint- earmarks. Our discussion today pro- as a fiscal conservative is absurd. ments, we can take pride in the fact vides the type of transparency intended During the six years that the Repub- that this omnibus bill, in important by the ethics rules and should satisfy licans largely controlled Congress, Mr. ways, reflects the values and priorities all requirements with regard to letters Bush did not veto a single appropria- of the American people. We have found of pecuniary interest and earmarks as tions bill, including many that exceed- additional funding for our priorities— they relate to your situation. ed his budget requests. priorities ranging from cancer research Mr. HATCH. I ask unanimous consent He is demanding that we pass supple- to education to law enforcement. I urge that a copy of my letter to Chairman mental bills that bring war spending, my colleagues to join me in voting for BYRD and Ranking Republican Member this year alone, to more than $196 bil- this bill. COCHRAN be printed in the RECORD.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.049 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15875 There being no objection, the mate- mitted to working with Senator BAU- vanced battery technologies would also rial was ordered to be printed in the CUS to include ‘‘tweener’’ hospital im- fit into the scope of manufacturing RECORD, as follows: provements in next year’s Medicare technologies contemplated by the lan- U.S. SENATE, legislation. guage in the Consolidated Appropria- Washington, DC, December 18, 2007 Mr. BAUCUS. Senator HARKIN, I tions Act of 2008 and should be con- Hon. ROBERT C. BYRD, agree with you that this is an issue we sistent with the intent of title XVII of Chairman, Committee on Appropriations, Sen- need to address. As you know, I intend the Energy Policy Act of 2005. ate, Washington, DC. to work with Senator GRASSLEY to Mr. KYL. Mr. President, I rise today Hon. THAD COCHRAN, move a Medicare reform package early to comment on section 691 of the Con- Ranking Republican Member, Committee on Ap- in 2008. Given the importance of this solidated Appropriations Act, 2008. propriations, Senate, Washington, DC. This provision amends section DEAR CHAIRMAN BYRD AND RANKING MEM- issue, I am committed to working with 212(d)(3)(B) of the Immigration and Na- BER COCHRAN: I certify that neither I nor my you to find solutions that will assist immediate family has a pecuniary interest these hospitals within the context of tionality Act in order to allow the ex- in any congressionally directed spending our Medicare efforts. ecutive to make REAL ID immigration that I requested the Committee on Appro- Mr HARKIN. I appreciate that com- bars inapplicable to individuals or priations for Fiscal Year 2008, except that a mitment. I look forward to working groups whose presence in this country member of my immediate family may have with both of you early next year to would not pose a threat to the United an indirect pecuniary interest in the Old move legislation to assist these hos- States, while continuing to bar from Dome Meeting Hall Renovations; Riverton, the United States all persons who are Utah; Economic Development Initiative pitals, in Iowa and throughout the country. tied to the worst terrorist organiza- project, requested in my letter dated May 15, tions. The provision also gives auto- 2007 to the Senate Subcommittee on Trans- ADVANCED TECHNOLOGY LOAN GUARANTEES portation, Treasury, the Judiciary, Housing Mr. LEVIN. Mr. President, I would matic exemptions to the Hmong and and Urban Development, and Related Agen- like to ask the distinguished chairman Montagnard soldiers who fought along- cies, Committee on Appropriations. of the Energy and Water Development side the United States during the Viet- nam war, providing overdue relief to I respectfully ask that my request to fund Appropriations Committee, Senator this project be withdrawn. the members of these armies. And sec- DORGAN, to clarify for me the scope of Once this has been effectuated, my request tion 691 also designates the Taliban as the budget authority contained in the will be consistent with the requirements of a Tier I terrorist organization for im- fiscal year 2008 Consolidated Appro- Paragraph 9 of rule XLIV of thc Standing migration purposes, effectively elimi- Rules of the Senate. priations Act for the Department of nating exceptions to the applicability Sincerely, Energy’s guarantee loans for develop- of REAL ID immigration bars for mem- ORRIN G. HATCH, ment of advanced energy technologies. U.S. Senator. bers, combatants, and others tied to My understanding is that there would the group that harbored Al Qaeda at LOW-VOLUME HOSPITAL MEDICARE INPATIENT be $10 billion in budget authority for PAYMENT ADJUSTMENT the time when that organization was the Department to guarantee loans in plotting the terrorist attacks of Sep- Mr HARKIN. Mr. President, I am the broad technology areas of renew- pleased to support the legislation pend- tember 11, 2001. able, energy efficiency, manufacturing, Section 691 is the result of a nego- ing before the Senate today, which will electricity transmission and distribu- tiated compromise between Senator ensure that Iowa’s seniors continue to tion technologies. LEAHY and me a compromise that was have access to their physicians and will I believe there is tremendous poten- encouraged and assisted by Senator reauthorize the SCHIP program tial for new technologies to produce COLEMAN and other Members who have through March 31, 2009, with additional ethanol from cellulosic materials taken an interest in this issue. The funds for the ‘‘shortfall States,’’ like through all phases of development, in- final language allows the Secretaries of Iowa. I am however concerned about cluding pretreatment. An important Homeland Security and State to decide one provision that is not included in step toward proving these technologies that the barriers to entry and stay in the legislation, a provision that is will be the development of pilot-scale the United States in section 212(a)(3)(B) critically needed to help Iowa’s facilities. Is it the chairman’s under- of the INA do not apply to certain indi- midsized hospitals. standing that a range of technologies viduals or groups. The language also Unfortunately, current Medicare pay- and pilot-scale demonstration facilities clarifies that such non-applicability ment rates for hospitals do not account would be eligible for a loan guarantee determinations are not subject to judi- for the fact that most rural facilities issued by the Department of Energy cial review. cannot achieve the same economies of using the budget authority included in Under current law, the REAL ID im- scale as large hospitals. This leads to this Consolidated Appropriations Act? migration bars can only be deemed inadequate reimbursement, which Mr. DORGAN. Yes, cellulosic ethanol non-applicable to an alien if the alien threatens the very existence of some of projects are consistent with the intent is a representative of a political or so- these facilities. To help address this of title XVII of the Energy Policy Act cial group that endorses terrorism, has situation, the Medicare Payment Advi- of 2005 and would clearly be within the himself endorsed terrorism, or has sory Committee MedPAC has rec- scope of technologies that would be eli- given material support to a terrorist ommended implementing a payment gible for a loan guarantee from the De- group, and may only be extended to a adjustment for certain small rural hos- partment of Energy. group if that group is a Tier III group pitals that serve a lowvolume of pa- Mr. LEVIN. I am also very interested that only has a subgroup that engages tients. For example, Grinnell Regional in ensuring that advanced batteries in terrorism. The amendment expands Medical Center in Grinnell, IA, is hav- and battery systems are fully devel- the non-applicability determination ing difficulty keeping their doors open oped and believe that loan guarantees authority to all terrorism-related bars, simply because of its size and location. for projects and facilities to develop except that the bars cannot be deemed Due to Medicare policies, they are cur- lithium ion batteries could provide a non-applicable if an alien is expected rently reimbursed at 60 percent of its significant boost for U.S. competitive- to engage in future terrorism, is a costs. This cannot continue. These hos- ness. In the case of battery tech- member or representative of a Tier I or pitals are essential to giving our sen- nologies, we need to develop the manu- II group, voluntarily and knowingly iors good access to healthcare. facturing capability in this country to engaged in terrorist activity or en- Mr. GRASSLEY. I want to thank my ensure that these batteries will be pro- dorsed terrorism on behalf of a Tier I distinguished colleague for raising this duced here. Is it the chairman’s under- or II group, or has voluntarily and issue, which has also been a concern of standing that advanced battery tech- knowingly received military-type mine. I agree with him that these rural nologies would be included in the scope training from a Tier I or II group. Also, hospitals—the so-called ‘‘tweener’’ hos- of the budget authority in this bill and no group nonapplicability determina- pitals—should be given some assist- would be eligible for a loan guarantee tion may be applied to a group that at- ance. These hospitals play a critical from the Department of Energy? tacks democratic countries or inten- role in the medical care of our seniors Mr. DORGAN. Yes, I believe that tionally engages in a practice of at- throughout Iowa, and I remain com- loan guarantees for development of ad- tacking civilians.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.060 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15876 CONGRESSIONAL RECORD — SENATE December 18, 2007 Section 691’s expansion of section may then be used to promote violence, the committee, Counterterrorism Section 212(d)(3)(B) nonapplicability authority provision of any material support facilitates Chief Barry Sabin explained why indi- generally draws a line between Tier I and furthers the organization’s unlawful and viduals who have received such train- violent activities regardless of the benign in- ing are dangerous to the United States and II terrorist organizations, on the tent of the donor. As the Ninth Circuit rec- one hand—groups which have been des- ognized in rejecting the argument that 18 and why an individual’s participation ignated as Foreign Terrorist Organiza- U.S.C. section 2339B is unconstitutional be- in such training benefits the terrorist tions by the State Department or other cause it proscribes the giving of material organization. Mr. Sabin explained: agency of the Federal Government— support even if the donor does not have the Various investigations have uncovered in- and Tier III organizations, on the other specific intent to aid in the organization’s dividuals who have traveled overseas to hand, which are swept into the defini- unlawful purposes, ‘‘Material support given training camps to receive military-style tion of ‘‘terrorist organization’’ as a re- to a terrorist organization can be used to training. These individuals, who in many promote the organization’s unlawful activi- cases have received firearms and explosives sult of their conduct. The State De- ties, regardless of donor intent. Once the training, appear to be preparing to conduct partment’s FTO list includes some of support is given, the donor has no control terrorist activity or violence and pose a the most bloodthirsty terrorist organi- over how it is used. Humanitarian Law Project clear threat here and abroad. Investigations zations on the planet. The list includes v. Reno, 205 F. 3d 1130, 1134 (2000). have also disclosed that attendees some- groups such as al-Qaida, Hamas, Even support designed and intended to en- times maintain longstanding relationships Hezbollah, and the Salafist Group for courage a group to pursue lawful, nonviolent with other training camp ‘‘alumni,’’ who means to achieve its ends may be used to Call and Combat. By precluding non- may later seek to recruit and utilize them in further the organization’s violent aims. their plots. In an even more basic way, a applicability determinations with re- [S]ome terrorist organizations use their trainee’s participation in a terrorist organi- gard to persons tied to these groups, humanitarian activities as an integral part zation’s training camp, without more, bene- section 691 not only helps to protect of an overall program that includes mur- fits the organization as a whole. By attend- the U.S. homeland from terrorism—it dering innocent civilians and assassinating ing a camp, an individual lends critical also contributes to making these government officials. For example, one ex- moral support to other trainees and the en- groups radioactive in the foreign coun- pert on terrorist organizations, Matthew tire organization, a support that is essential Levitt, describes in ‘‘Hamas from Cradle to tries where they are based. Joining or to the health and vitality of the organiza- Grave,’’ Middle East Quarterly, Winter 2004, tion. helping one of these groups or accept- at 3–15, that this foreign terrorist organiza- ing military training from them will tion is one unified body, and that its social Section 691 also clarifies that the de- bar an individual from ever being al- welfare organizations, supported by numer- cision to extend or to not extend a non- lowed to enter or reside in the United ous charities, answer to the same leaders applicability determination to a par- States, in all cases and without excep- who set Hamas political and terrorist policy. ticular group or individual is not sub- tion. And making these groups radio- Levitt describes how Hamas charity commit- ject to judicial review. A decision as to tees, mosque classes, student unions, and active makes it more difficult for them whether a particular individual or sport clubs serve as places where Hamas ac- group that would otherwise be within to recruit members or to carry out ter- tivists recruit Palestinian youth for terrorist attacks. rorist training courses in Syria and Iran, or the scope of a section 212(a)(3)(B) bar Information that has been developed for suicidal terrorist attacks. And, he dis- should instead be deemed outside the in hearings before the Senate Judiciary cusses how a single soccer team from the scope of that bar is a decision that is Committee explains why it is impera- Jihad mosque in Hebron has produced sev- inherently executive in nature. Such a tive that the United States discourage eral Hamas terrorists responsible for five decision will often involve consider- suicide bombings in 2003. individuals from providing any type of ation of classified information that Even more frightening, Levitt explains would be compromised if litigated in aid or material support to foreign ter- how Hamas charities, social service organi- rorist organizations. In an April 20, zations, hospitals, schools, and mosques open court, and it will involve sensitive 2005, hearing before the Terrorism Sub- openly laud suicide bombings. Hamas-run judgments about which terrorist committee, for example, Barry Sabin, schools and summer camps begin indoctri- groups are more dangerous than oth- the Chief of the Counterterrorism Sec- nating children as early as kindergarten for ers. tion of the Justice Department’s later use as suicide bombers. As Levitt Vesting this discretion solely in the notes, Palestinian children raised in this en- Criminal Division, explained how the executive allows executive officers to vironment make willing terrorist recruits. consider the full range of information provision of material aid to terrorist This program is accomplished in significant groups is critical to the functioning of about a particular group that is avail- part by the multi-faceted nature of Hamas, able to the State Department, the Jus- these organizations. Mr. Sabin noted: which gains strength through its humani- tice Department, Homeland Security, We know from experience that terrorists tarian and charitable activities in the com- need funding and logistical support to oper- munity. and to intelligence agencies. It allows ate. They need to raise funds, open and use Thus, even if individuals are providing ma- the executive to decide that some bank accounts to transfer money, and to terial support, such as money, for groups groups are less dangerous and therefore communicate by phone and the Internet. like the Hamas, and are somehow able to en- the REAL ID bars may be deemed to They need travel documents. They need to sure that this money is spent by these FTOs not apply to activities tied to that train and recruit new operatives, and pro- only for humanitarian activities, such as a group, and that other groups are ex- cure equipment for their attacks. school, the problem remains that this money enables these groups to gain more general tremely dangerous and that even ten- It is also important to emphasize support, loyalty, and popularity among the uous connections to such a group that all provision of material support local people and to earn a measure of legit- should serve as grounds for exclusion, to terrorist organizations is bad. There imacy. This support and legitimacy then al- with no exceptions allowed. is no such thing as ‘‘good’’ aid to a ter- lows groups such as Hamas to recruit suicide Were decisions about nonapplica- rorist organization, because all aid is bombers, as well as accomplices to provide bility to be made in the courts, their fungible and can be converted to evil critical services such as transportation, precedent-based system of decision- purposes, and because even humani- lodging, and local intelligence for terrorist making would require the courts to ex- tarian aid can be used by a terrorist or- operations. Accordingly, even those who are tend the same ‘‘rights’’ to members of providing material support with the sincere ganization to help it to recruit new hope and assurance that their money is not one group as had extended to the last members. These points were developed being used directly for terrorism are never- group whose case was reviewed. What in detail in answers to written ques- theless providing groups such as Hamas with is sufficient to justify a nonapplica- tions provided by Chris Wray, the As- the type of overall support they need in bility determination with regard to the sistant Attorney General for the Crimi- order to operate successfully as terrorists. FARC in Columbia, for example, would nal Division, following a May 5, 2004, Section 691 of the Consolidated Ap- also be good for al-Qaida. By keeping hearing before the Judiciary Com- propriations Act also bars the exten- these non-applicability decisions out of mittee. Mr. Wray explained why there sion of a non-applicability determina- the courts, section 691’s amendments is no such thing as benign material tion to any alien who has voluntarily to INA section 212(d)(3)(B) allow the support to a designated foreign ter- and knowingly received military-type Government to take the common-sense rorist organization: training from a Tier I or II terrorist or- approach of treating different groups First, because material support of any ganization. Again in his April 20, 2005, differently based on how violent they kind is fungible and frees up resources that testimony before the Terrorism Sub- are and how much of a threat they pose

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.153 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15877 to the United States. For that reason, usual.’’ Actually, Mr. President, what National Marine Sanctuary in Michi- section 691 does not allow judicial re- we have before us is even worse than gan; $846,000 to the Father’s Day Rally lief from an executive determination. business as usual because the bill we Committee in Philadelphia, PA; Rather, it is the executive alone that received from the House provides not a $125,000 for International Mother’s Day will decide whether a bar should be in- single penny to fund our ongoing mis- Shrine in Grafton, WV; $470,000 for an applicable—that it should not even sion in Iraq. We are at war and our men Oyster Hatchery Economic Pilot Pro- apply to the alien in the first instance. and women serving in Iraq today con- gram, Morgan State University, MD; Subsection (b) of section 691 statu- tinue to face a fierce and determined $446,500 for Horseshoe Crab Research, torily exempts several groups from the enemy—and this bill does not fund Virginia Tech, VA; $125,000 for the Pol- definition of ‘‘terrorist organization’’ their mission. The omission of Iraq ish American Cultural Center in Phila- for purposes of INA section 212(a)(3)(B). funding is no more than a political delphia, PA; $400,000 for the National These groups—which include Hmong stunt—and we all know it. What kind Iron Worker’s Training Program; and Montagnard groups that fought of message does this send to those $350,000 for leafy spurge control in alongside the United States in the brave men and women in the field? North Dakota; $1.725 million for the Vietnam War—have already been Unfortunately, little has changed Hudson Valley Welcome Center in Hyde cleared by the administration and do over the years. Here we are again, Park, NY. not pose a threat to the United States. nearly 3 full months into fiscal year This omnibus was made available This subsection will immediately re- 2008, and we have before us another ap- just yesterday, yet approved by the solve any legal ambiguity as to these propriations monster. Let me remind House last night. Imagine that—a 1,445 groups’ status. my colleagues that, because of our in- page bill, with a joint explanatory Subsection (c) of section 691 corrects ability to get much done around here statement that is nine inches tall and a technical error in the original REAL under the regular order, we have been costs $475 billion was made available and voted on by both chambers in less ID Act. With this change, the other- forced to consider huge omnibus appro- than 48 hours. Simply remarkable. It is wise-automatically-deportable spouse priations bills and one long-term con- impossible for us to know exactly what or child of a barred alien is not barred tinuing resolution in 5 of the last 6 fis- is in this thing, and we are expected to if the spouse or child did not know of cal years. simply take the appropriators word the husband/father’s terrorist activity The bill before us today is more than that it is all okay. Well, I have been or has renounced that activity. 1,400 pages long and is accompanied by around here long enough to know that Subsection (d) designates the Taliban a joint explanatory statement that was a bill of this size, put together behind as a Tier I terrorist organization for so big they couldn’t even number the closed doors and rammed through at immigration purposes. As a result of pages. This bill consolidates 11 of the 12 the last minute, cannot be all good. the distinctions drawn in subsection (a) annual appropriations bills with a price And I know it will be a long time be- of section 691, this designation will tag of nearly $475 billion. Amazingly, this bill contains 9,170 earmarks. Add fore all of the hidden provisions in this render individuals tied to the Taliban legislation are exposed. those to the 2,161 earmarks that were ineligible for most waiver authority. I fully recognize that it isn’t nec- Subsection (e) requires a report by contained in the Defense appropria- essarily the fault of the appropriators the Department of Homeland Security tions bill and the grand total for fiscal that we are forced into this new pat- on the use of its authority to waive year 2008 earmarks stands at 11,331 un- tern of adopting omnibus appropria- material-support bars on grounds of necessary, wasteful, run-of-the-mill tions measures. Overly partisan poli- duress. pork barrel projects. And that is just tics has largely prevented us from fol- Subsection (f) makes all of these for the House and Senate-passed bill. I lowing the regular legislative order, changes apply retroactively. can only imagine what this will look and that fact must change. But while it I think that section 691 reaches a rea- like when it comes out of conference. may not be the appropriators fault sonable compromise that allows re- A New York Times/CBS News poll that we are forced to consider omnibus moval of the applicability of the REAL that was released today shows that the appropriations measures, it is their de- ID immigration bars for groups and in- approval rating of Congress stands at cision to continue to load them up with dividuals to whom those bars should 21 percent. Can we blame the American unauthorized earmarks and at a rate not apply, but allows REAL ID to con- people for holding us in such low es- that seems only increases year after tinue to protect the United States and teem? Let’s look at how we are spend- year. its citizens from foreign terrorist orga- ing their hard earned tax dollars. When we ram through a gigantic bill, nizations. I would like to thank Tim Here is just a sampling of some of the spending hundreds of billions of tax- Rieser of Senator LEAHY’s staff, and earmarks contained in this bill: $150,000 payer’s dollars with little or no debate Jennifer Daskal, on detail to Senator for the STEEED, Soaring Toward Edu- because we want to go home for Christ- LEAHY, for working with my staff to cational Enrichment via Equine Dis- mas, we send the message to the Amer- draft this section. Whom to exclude covery, Youth Program in Washington, ican people that we are not serious from the United States for terrorism- DC. Basically this is an earmark of enough about our jobs. We essentially related reasons is a difficult and very $150,000 so that disadvantaged kids can accomplish little almost all year long serious matter, and one that I am glad ride horses; $50,000 for the construction because everything requires 60 votes, has been the subject of a carefully de- of a National Mule and Packers Mu- and then, at the very last minute, we veloped bipartisan compromise in this seum in Bishop, CA; $100,000 for Cooters scramble around and throw together a bill. Pond Park in Prattville, AL; $625,000 mammoth bill like the one before us Mr. MCCAIN. Mr. President, fiscal for the Historic Congressional Ceme- today. We are sending the signal that year 2008 began 79 days ago. And yet tery right here on Capitol Hill; $1.95 it is more important for us to be able here we are at the end of the calendar million for the City College of NY for to issue press releases, and I am sure year—with Christmas one week away— the Charles B. Rangel Center for Public hundreds of them will be going out and everyone scrambling to finally get Service; $975,000 for the Clinton School today, about how much pork we have our work done and get out of town. of Public Service at the University of been able to get for our States and dis- This process, and the monstrosity it Arkansas, Little Rock, AR; $1.628 mil- tricts, than we are about good govern- has produced, is the height of irrespon- lion for animal vaccines in Greenport, ment and fiscal responsibility. How can sibility. We owe the taxpayer more NY; $477,000 for Barley Health Food we, in good conscience, defend this be- than this. Benefits in Beltsville, MD; $244,000 for havior to the American people? In the past, I have stood here on the Bee Research in Weslaco, TX; $10 mil- Among the most egregious aspects of Senate floor to speak about how our lion to Nevada for the design and con- this bill are the so-called ‘‘economic economic situation and our vital na- struction of the Derby Dam fish screen development initiatives’’ funded under tional security concerns require us to to allow passage of fish; $1.6 million for the Department of Housing and Urban take greater effort in prioritizing our sensitivity training for law enforce- Development. This account is nothing Federal spending and that we could no ment in Los Angeles; $1.786 million to more than a slush fund for the appro- longer afford, literally, ‘‘business as develop an exhibit for the Thunder Bay priators—plain and simple. Contained

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.153 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15878 CONGRESSIONAL RECORD — SENATE December 18, 2007 within this section of the joint explan- ment of Defense and the local commu- lion, in current dollar terms, up from atory statement are 741 locality-spe- nities affected by BRAC need enough about $20 trillion in 2000. This trans- cific earmarks costing nearly $180 mil- funding to meet the statutory deadline lates into a defacto mortgage of about lion. These pork barrel projects are of September 2011. To underfund BRAC $455,000 for every American household spread out over 42 pages and fund ev- in order to pay for earmarks is a sad and there’s no house to back this mort- erything from construction of coastal reflection on the priorities of this Con- gage. In other words, our government trails, nature education centers, public gress, which has again unabashedly put has made a whole lot of promises that, parks and renovations for museums parochial interests above the needs of in the long run, it cannot possibly keep and theaters. the Defense Department, our local without huge tax increases.’’ On defense matters, the omnibus ap- communities and the American tax- The Comptroller General also high- propriations bill proposes funding $1.18 payer. lighted a specific program that serves billion in military construction pro- We simply must start making some as an example of the serious problems jects that were not requested by the very tough decisions around here if we we face. He said: ‘‘The prescription President. Of that amount, $584 million are serious about improving our fiscal drug benefit alone represents about $8 was vetted by both the Senate Armed future. We need to be thinking about trillion of Medicare’s $34 trillion gap. Services and Appropriations Commit- the future of America and the future Incredibly, this number was not dis- tees to ensure that the services’ crit- generations who are going to be paying closed or discussed until after the Con- ical unfunded priorities requirements the tab for our continued spending. It gress had voted on the bill and the were met. On the Senate floor, those is simply not fiscally responsible for us President had signed it into law. Gen- projects were further reviewed, and ap- to continue to load up appropriations erations of Americans will be paying proved in the Senate versions of the bills with wasteful and unnecessary the price—with compound interest—for authorization and appropriations bills. spending, and good deals for special in- this new entitlement benefit.’’ He went However, this bloated omnibus appro- terests and their lobbyists. We have on to note that: ‘‘Unfortunately, once priations bill also includes another $580 had ample opportunities to tighten our federal programs or agencies are cre- million—for 108 military ‘‘airdropped’’ belts in this town in recent years, and ated, the tendency is to fund them in construction projects, that is, funding we have taken a pass each and every perpetuity. Washington rarely seems to question the wisdom of its existing for projects that were not included in time. We can’t put off the inevitable commitments. Instead, it simply adds any previous appropriations bill passed any longer. by the House or Senate. The House ap- In a report on our long-term budget new programs and initiatives on top of propriators have once again waited outlook issued this month, the Con- the old ones. This continual layering is a key reason our government has until the last minute to present these gressional Budget Office states this: grown so large, so expensive, so ineffi- new spending items to skirt responsi- ‘‘Significant uncertainty surrounds cient, and in some cases, so ineffec- bility for their pork spending. Mr. long-term fiscal projections, but under tive.’’ President, in the ethics reform law we any plausible scenario, the federal Mr. Walker ended his speech by say- passed with much fanfare earlier this budget is on an unsustainable path— ing ‘‘If all of us do our part, and if we year, we amended Senate rule 44 spe- that is, federal debt will grow much start making tough choices sooner cifically to discourage such ‘‘airdrop- faster than the economy over the long rather than later, we can keep America ping’’ of projects in the dead of night. run. In the absence of significant great, ensure that our future is better In an unprecedented and unfortunate changes in policy, rising costs for than the past, and ensure that our act, the majority accepted $328 million health care and the aging of the U.S. great nation is the first republic to of airdropped military construction au- population will cause federal spending stand the test of time. To me, that is a thorizations into the recently passed to grow rapidly.’’ cause worth fighting for.’’ I agree national defense authorization bill. It The report goes on to say that: ‘‘If wholeheartedly. And I say to my col- was in part for this reason that I reluc- outlays increased as projected and rev- leagues: Let’s start making those tantly decided not to sign the defense enues did not grow at a corresponding tough choices today. We have to face authorization conference report. I rate, deficits would climb and federal the facts, and one fact is that we can’t could not then, and cannot now, sup- debt would grow significantly. Sub- continue to spend taxpayer’s dollars on port the parachuting of new spending stantial budget deficits would reduce wasteful, unnecessary pork barrel items into final reports that have not national saving, which would lead to projects or cater to wealthy corporate been transparently vetted on the floor an increase in borrowing from abroad special interests any longer. The Amer- of Congress. I am very disappointed and lower levels of domestic invest- ican people won’t stand for it, and they that we in the Senate continue to con- ment that in turn would constrain in- shouldn’t. They deserve better treat- done this irresponsible practice in light come growth in the United States. In ment from us. of our efforts to prevent it with ethics the extreme, deficits could seriously ST. JOHN’S BAYOU/NEW MADRID FLOODWAY reform. harm the economy. Such economic Mrs. BOXER, Mr. President, I wish to The omnibus appropriations bill also damage could be averted by putting the speak to the intent of section 123 of earmarks over $41 million for the plan- nation on a sustainable fiscal course, title I of division C of the bill, which ning and design of pork military con- which would require some combination addresses the Corps of Engineers struction projects requested by Mem- of less spending and more revenues project—Saint Johns Bayou/New Ma- bers of Congress. Congress normally than the amounts now projected. Mak- drid Floodway. As the chairman of the authorizes funding annually for each ing such changes sooner rather than Committee on Environment and Public military service to plan and design later would lessen the risk that an Works with jurisdiction over the Corps their critical future military construc- unsustainable fiscal path poses to the of Engineers, the Clean Water Act and tion priorities. This bill disregards the economy.’’ Again—this is not my dire the National Environmental Policy military’s priorities and earmarks prediction, it comes from our own CBO. Act, funds towards specific projects—with- To underscore the urgency of the I offer my understanding of section out the Department being given the op- problem, in a speech at The National 123. Section 123 does not interfere with portunity to determine whether or not Press Club just yesterday, David Walk- or overturn any court decision con- those projects reflect actual military er, the Comptroller General of the cerning this project with regard to ei- requirements. United States announced that—for the ther or both of the Clean Water Act Even more egregious is that we are eleventh straight year—the Federal and the National Environmental Policy proposing to pay for this airdropped Government failed its financial audit. Act. The language provides that the pork by cutting over $900 million from Mr. Walker said that ‘‘the federal gov- project as described in the June 2002 the amount of $8.1 billion requested by ernment’s total liabilities and un- Revised Supplemental Impact State- the President to carry out the critical funded commitments for future bene- ment, as supplemented by the March military construction activities re- fits payments promised under the cur- 2006 Revised Supplemental Environ- lated to the 2005 defense base closure rent Social Security and Medicare pro- mental Impact Statement 2 is deter- and realignment round. The Depart- grams are now estimated at $53 tril- mined to be economically justified.

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.151 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15879 The language does not affect the appli- A new policy begins by removing our tisan, including from the National Gov- cation of the Clean Water Act and troops from the middle of a civil war ernor’s Association, the National Con- NEPA to this project. Because of the and giving them a more realistic mis- ference of State Legislatures and the specific reference to the project docu- sion, one that is in the best interests of Chairmen of the 9/11 Commission, Rep- ments, the language in section 123 does Iraq and the United States. Given the resentative LEE Hamilton and former not alter legal requirements regarding facts and the realities independent re- New Jersey Governor Tom Kean. Nev- cost/benefit analysis for subsequent or ports provide us, I continue to support ertheless, DHS continues to insist that revised project documents, including an amendment, this time sponsored by its partnership with industry rather environmental impact statements, or Senators FEINGOLD and REID, to change than a partnership with States—will be any requirements with regard to NEPA our mission in Iraq from providing se- sufficient to protect the American pub- and the Clean Water Act. curity and services to a focus on train- lic. By including this provision in the Mr. CARDIN. Mr. President, nearly a ing, counter-terrorism and force pro- omnibus bill, Congress is making clear year ago, when President Bush an- tection. that the role of State and local govern- nounced his decision to send 30,000 ad- I voted against an amendment to add ments is not to be undermined by the ditional troops to Iraq, he predicted $40 billion to the omnibus spending Department of Homeland Security. that increased U.S. troop levels would package without any limits on the The provision included in the omni- stabilize the country so that its na- President’s use of that money. The bus bill amends Section 550 of the De- tional leaders could reach political military has no immediate need for ad- partment of Homeland Security Appro- agreement. More troops would enable ditional funds for Iraq. Congress just priations Act, 2007 to clarify that DHS us to accelerate training initiatives so passed a $456 billion Defense Appropria- does not have the authority to preempt that the Iraqi army and police force tions bill. The omnibus provides the State or local governments from adopt- could assume control of all security in Army and Marine Corps an additional ing chemical security measures strong- the country by November 2007. Accord- $20 billion. Given the Department of er than those adopted by DHS. The lan- ing to this plan, the Iraqi army and po- Defense’s ability to shift funds, this guage in this bill will allow States to lice force were to assume control of money should pay for the war through go beyond the Federal regulations as Iraq’s security last month. long as there is no actual conflict with Well, the information before us in March. We will have a chance to vote the Federal regulations. This means December, like the reports before us in on additional funding next year when that unless it is impossible to comply September and July, show us that we will have more information about with both State and Federal law, the President Bush’s troop escalation trends on the ground in Iraq. State law is not preempted. Determina- hasn’t delivered on the President’s Further, while negotiating this tions on whether it is impossible to promises. It has failed to stem the civil year’s spending levels this President comply with both State law and Fed- war going on in Iraq, failed to allow has vetoed additional health and edu- eral law are properly decided by the Iraqi forces to take control over their cation funding and refused to negotiate Federal courts, and DHS should not be own security, and failed to lead to po- over a modest increase in overall ap- litical reconciliation. That failure was propriations to fund critical needs here prejudging or interfering with this de- clear when I last came to the floor to at home, and he continues to insist termination. While we all wish it were not so, the discuss this issue in September, and it Congress fund a failed strategy in Iraq. threat of terrorists using our chemical is clear today. The President’s intransigence under- With troop levels still 24,000 above mines our position in the world and has plants as a mechanism for killing hun- where they were a year ago, and with left this Congress fewer resources to di- dreds or thousands of citizens is not no plans to lower them below pre-surge rect toward priorities here at home. far-fetched. It was reported as far back levels, not even President Bush’s Those are the wrong priorities for our as December 2001 that chemical trade claims that substantial progress to- nation. publications had been found in a hide- ward the ultimate goal of the esca- The world has an interest in a safe out in Afghanistan used by Osama bin lation—political reconciliation—has and secure Iraq. It is time to take steps Laden. Numerous Government agencies occurred. There have been no agree- to protect our troops and our all volun- and independent bodies have identified ments on de-Ba’athification reform, oil teer force, change the mission, step up the Nation’s chemical facilities as an revenue sharing, provincial elections, our diplomatic efforts, and internation- attractive target for terrorists. And or amnesty laws, nor has the Iraqi gov- alize the effort to bring stability to New Jersey has good reason to be con- ernment or the Administration offered that country and to the Middle East. cerned about a terrorist attack on a fa- a clear plan for achieving a sustainable We don’t need additional funds for cility storing large amounts of dan- political reconciliation. Just 2 days Iraq, we need a new direction. gerous chemicals. The FBI has called ago, LTG Raymond Odierno, the No. 2 Mr. President, I yield the floor. the stretch between Port Newark and commander of U.S. forces in Iraq, was Mr. LAUTENBERG. Mr. President, I Liberty International Airport ‘‘the quoted pleading with the Iraqi govern- rise to discuss one provision of the fis- most dangerous two miles in America.’’ ment to make progress on national rec- cal year 2008 Omnibus appropriations According to a 2005 CRS report, 7 of the onciliation and improving basic serv- bill which is of great importance to the 111 sites identified by EPA that could ices. security of our nation, and of par- put more than 1 million people at risk Our country’s resources remain ticular importance to my State of New in the event of an attack or serious ac- locked in Iraq. Iran is emboldened. In- Jersey. That is Section 534, which will cident are in New Jersey. According to surgent violence is at its highest level overturn the Department of Homeland the same report, up to 7 facilities in in Afghanistan since U.S.-led forces Security’s efforts to preempt the rights New Jersey put up to 1 million people first ousted the Taliban and our mili- of State and local governments to at risk, and up to 20 more facilities tary reports signs of al Qaeda is return- adopt chemical security protections pose a risk to up to 100,000 people. ing to Afghanistan from Iraq. Pakistan stronger than the standards adopted by I want to thank the leadership of the is facing political turmoil and Turkey the Federal Government. Appropriations Committee and my col- has begun military incursions into The effort by DHS to prevent States leagues in the Senate and the House for Iraq’s Kurdish regions. from going beyond the measures adopt- their support for including this criti- We have to change our mission in ed by DHS to protect their residents cally important national security pro- Iraq. The cost of further delay in lives, from terrorist attacks on chemical fa- vision in the Omnibus appropriations mate´riel, treasure, and our standing in cilities was never authorized by Con- bill. the world is too great. The United gress, and the inclusion of my provi- Mr. SANDERS. Mr. President, like States cannot impose the political rec- sion overturning the Department’s ef- many of my colleagues, I worked very onciliation necessary to bring long- fort represents a strong rejection by hard to assure that, given the veto lasting security to that nation. It is Congress of the Department’s attempt threats of President Bush, the Omnibus time to direct our resources toward the to do so. appropriations bill was as strong as it rest of the region and to needs here at Opposition to the Department’s ef- could be. In that regard, we have made home. forts has been widespread and bipar- some real progress. Unfortunately,

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.051 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15880 CONGRESSIONAL RECORD — SENATE December 18, 2007 however, this bill contains $40 billion should be labeled as nothing but irre- regular order process for the consider- for Iraq operations, with no strings at- sponsible. Additionally, I am here to ation of climate change legislation. To tached the money to be used as the point out that this bill violates rule include these provisions now, at the President wishes, with no account- XVI of the Standing Rules of the Sen- last minute on an omnibus, is a total ability for when our involvement in ate because it is legislating on an ap- affront to that process. Iraq will end. With expenditures of $12 propriations bill. The proposed registry language is a billion a month, it is now estimated Title I of Division C, which appro- completely standardless grant to the that the total cost of our Iraq involve- priates money for the Civil Works pro- EPA, possibly an unlawful delegation ment will end up being more than $1 gram of the Army Corps of Engineers, of Congress’ power to legislate. The trillion. the following projects have either not language directs EPA to develop a I cannot support providing more yet be authorized or the amounts ap- mandatory reporting program of green- money for continuing our ill-conceived propriated for them under this bill ex- house gas emissions ‘‘above appro- and tragic presence in Iraq, money proceed the authorized levels: priate thresholds in all sectors of the vided with no requirement for plans as Louisiana Coastal Protection and economy of the United States.’’ There to when the redeployment will begin, Restoration study; coastal Mississippi are no other standards or directions to when it will be concluded, and what hurricane and storm damage reduction the Agency. There are no standards by our future course in Iraq will be. Con- study; rural health care facility on the which a reviewing court can judge sequently, I will vote against the Om- Fort Berthold Reservation of the three EPA’s actions. nibus appropriations bill. affiliated tribes; North Dakota envi- This registry language should be re- My vote against this bill also reflects ronmental infrastructure project. moved or, at a minimum, allowed to genuine concern regarding last-minute During consideration of H.R. 1492, the sunset at the end of fiscal year 2008 additions of loan guarantees for ques- Water Resources Development Act, without implementation or effect. tionable energy sources, which move us Public Law 110–114, I elaborated for my In another provision, the appropri- in exactly the wrong direction. More colleagues in great detail the history ators express concern about proposed specifically, the report language ac- and function of the authorization proc- new power plants in Texas. This provi- companying the Omnibus appropria- ess and stated that I would oppose any sion, at the very least, should refer to tions bill provides $18.5 billion in loan appropriation bill that attempted to all fossil fuel generation, not just sin- guarantees for nuclear powerplants, fund projects either not previously au- gle out coal-fired generation. $2.0 billion in loan guarantees for ura- thorized, or above their authorized Colleagues, I have no illusions that nium enrichment, $6.0 billion in loan level. As I made clear in my state- my attempt here today to bring about guarantees for coal, which I have rea- ments on September 24 prior to passage discipline on the spending process will son to believe includes coal to liquids, of the conference report and again on succeed, but I cannot allow the bill to and $2.0 billion in loan guarantees for November 8, prior to the Senate’s veto go through without registering in the coal gasification, which I also fear override vote, the authorization proc- strongest possible terms my objections could be used for coal to liquids. It is, ess is the foremost mechanism we have to what we are doing here today. quite frankly, beyond belief that we to control spending. We are violating it I have no doubt that each of the would be passing legislation to support in this bill. Army Corps projects mentioned above these questionable energy sources. In In addition to these increases in have merit, and I would be happy to my view, we should be doing every- spending, the omnibus includes numer- work with the sponsors, as would, I am thing we can to transform our energy ous provisions authorizing or modi- sure, Chairwoman BOXER, during the system so as to move away from unsafe fying other projects and policies of the authorization process, but doing it now and polluting sources to energy effi- Corps in nonspending ways. These legis wrong. It violates our rules, it re- ciency and sustainable and renewable islative provisions, too, should be de- moves discipline from the process. technologies. Congress can, and must, cided within the authorization process, Mr. NELSON of Nebraska. Mr. Presi- do better. not in an omnibus appropriations bill. dent, I rise today to speak in support of Mr. INHOFE. Mr. President, now De- Just over a month ago, we authorized the consolidated appropriations bill be- cember 18 and we are all anxious to get $23 billion in projects for the Corps of fore the Senate and to discuss one home. Additionally tomorrow is my Engineers, and Chairwoman BOXER and small part of the bill that is an impor- 48th wedding anniversary. That’s why I I have already begun discussions on a tant component to our many efforts to want to get home. Standing in our way new authorization bill for 2008. So, I advance the biofuels industry and to is final disposition of the 2008 appro- have to ask why are we violating not wean our nation off of its reliance on priation bills. The leadership has only the Standing Rules of the Senate, oil. brought before us an omnibus bill that but creating an opportunity for criti- In the Energy and Water Appropria- combines the remaining 11 regular ap- cism on our ability to control spend- tions bill, the Senate Appropriations propriation bills not yet signed by the ing. It makes no sense, it is not nec- Committee provided $2 million to the President. That in and of itself is a essary and I believe goes to the heart Department of Energy for ‘‘E–85 infra- failure. Instead of working to pass the of why the public has such a low opin- structure deployment.’’ annual appropriations bills and ensure ion of Congress. They don’t trust us. I want to highlight the importance of the continued operation of our Govern- Why should they, we cannot seem to this funding and stress the need for ment, congressional Democrats have follow our own rules. DOE to utilize this money in the most spent the majority of the 110th Con- Before I close, I would like to point cost efficient and effective manner pos- gress playing political games with crit- out one more area of unnecessary and sible. ical funding for our troops, attempting irresponsible legislating in this omni- E85 is an alternative form of trans- to pass surrender resolutions, and bus appropriation bill. There are sev- portation fuel that consists of 85 per- pushing a path to amnesty for the mil- eral provisions to address climate cent ethanol and 15 percent gasoline. It lions of illegal immigrants in our Na- change scattered throughout the bill. has been developed, in part, to address tion. Two months past the end of the These provisions include creation of American’s air quality issues and its fiscal year, Congress only managed to new requirements and a new mitiga- dangerous dependence on foreign oil. pass one of the annual appropriations tion incentives fund for the Economic Currently, there are over 6 million bills, instead choosing to roll billions Development Administration, in title I E85 capable vehicles on the Nation’s of dollars in funding into an Omnibus of Division B; a sense of Congress with highways, and the use of E85 in these appropriations bill hours before Con- a call for a mandatory program to re- vehicles has the potential to signifi- gress is supposed to recess for the year. duce greenhouse gas emissions, in Divi- cantly reduce the Nation’s dependence In fact, this year we observed the lat- sion F; and the creation of a manda- on foreign oil, add billions to total est date in 20 years that Congress tory greenhouse gas registry, in title II farm income, help improve rural and failed to send a single annual appro- of Division F, which appropriates the American economies, and help re- priations bill to the President’s desk. money for the Environmental Protec- duce levels of greenhouse gas emis- This Democrat-controlled Congress tion Agency. We are in the middle of a sions.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.123 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15881 Recognizing the importance of E85, all due consideration when it is expend- holes and strengthens FOIA law ensur- President Bush and Secretary of Trans- ing the funding Congress has provided ing all journalists have equal access to portation Mary Peters participated to meet the needs and goals for E85 information. with the CEOs of General Motors, Ford, fueling stations. These reforms are long overdue, and and Chrysler in an event on March of Mr. CORNYN. Mr. President, it is no are but a part of creating a government 2007, where they announced the growth secret that every Senator who comes focused on openness. Still, I look for- in the production of flexible-fuel vehi- to Washington, DC, comes with a few ward to the President signing this bill cles, FFVs, that can run on E85. select issues in mind which he makes and pacing the way for a culture of The automakers pledged to double his own, and which he takes a par- transparency in America. In my home their existing production of flexible ticular interest in. For me, open and of Texas, we have worked hard to es- fuel vehicles by 2010. They also pledged transparent government has been one tablish the ideals of openness and that by 2012 fully 50 percent of all vehi- of those issues. transparency, and I know that the Na- cle production would be FFVs. From my time as a Texas lawyer, su- tion can follow suit. It is in everyone’s This pledge, however, was predicated preme court justice, and attorney gen- best interest to throw a little more on the fact that adequate fueling infra- eral I know firsthand the importance, sunshine on Washington, DC. structure would be available by that but also the difficulty of creating and Ms. SNOWE. Mr. President, I rise time to fuel the millions of additional enforcing open government and the today to draw your attention to a crit- E85-compatible vehicles. free flow of information. I have always ical amendment that I am offering to It is the responsibility of Congress to taken to heart, however, the words of the Omnibus appropriation bill. As provide adequate funding to help ad- James Madison, who once declared: ranking member of the Subcommittee vance the deployment of E85 fueling in- ‘‘The advancement and diffusion of on Oceans, Atmosphere, Fisheries, and frastructure. I was encouraged then knowledge is the only guardian of true the Coast Guard, I am working with that the Senate elected to set aside $2 liberty.’’ my colleagues in the New England del- million for this purpose in the Energy Of course, I have the advantage of egation to seek support for this amend- and Water Appropriations bill. Once fi- coming from Texas, one of the strong- ment. Our amendment would allow nalized, it will become the Department est States in terms of free information fisheries disaster relief funds to be of Energy’s responsibility to allocate and open government. In Texas, it is a made available to hard-hit fishermen this funding to the entity that can pro- matter of principle that everyone in all New England States, not just vide the most effective and cost-effi- should be able to quickly and easily Massachusetts as is currently stipu- cient service. find out what their government is lated As Governor of Nebraska I helped doing and how. create the Governors’ Ethanol Coali- That is why I was so pleased last From the time the first Europeans tion. In 1997, this coalition, along with week when the Senate passed the Open- arrived in the region that would be- the National Corn Growers Associa- ness Promotes Effectiveness in our Na- come New England, fish—particularly tion, domestic automakers, and others, tional Government, or OPEN Govern- groundfish such as cod and haddock— established a group named the Na- ment Act of 2007. Now, the House has were the fundamental natural resource. tional Ethanol Vehicle Coalition, likewise passed this important bill, and It was said that fish were once so boun- NEVC, to be the Nation’s primary ad- I eagerly await the President signing it tiful that one could walk across the vocate for the use of E85 ethanol as an into law. Gulf of Maine on the backs of codfish. alternative to oil-based transportation I have to thank my colleagues, the But today, our centuries-old tradition fuel. chairman of the Judiciary committee, of groundfishing is at a critical junc- Working with its many partners, Senator LEAHY, and Lydia Griggsby of ture, and many of our fishermen are in- NEVC maintains the primary national his staff; Senator KYL, and Joe Matal creasingly finding that they can no database on E85 fueling locations, E85 of his staff; and two of my former chief longer find enough fish to make a liv- fuel providers, and comprehensive data counsels, James Ho and Reed O’Connor. ing in an industry that has sustained on the technical requirements nec- Without their hard work, we wouldn’t their families for generations. This is essary to install E85 fueling systems. be celebrating this legislative victory because ongoing requirements to re- NEVC also provides the marketing and today. build New England’s groundfishery promotional materials used by all E85 I have spoken on several occasions in have resulted in drastic cuts to the fueling stations in the nation. this Chamber about the importance of fishing industry and severe economic NEVC accomplishes all of these ac- reforming and updating the Freedom of impacts to our fishing communities. tions in a cost effective, timely, and Information Act, so that undue delays Since 1996, groundfishermen in the prudent manner. In addition to having and onerous burdens which plague Northeast Multispecies Groundfish assisted with the opening of 1,413 exist- American citizens looking for informa- Fishery have seen their allotted days- ing stations, NEVC has provided assist- tion that they by right should have. at-sea slashed by over 75 percent, from ance to station operators for securing After 40 years of FOIA there still re- an average of 116 to just 24 days a year. reasonably priced supplies of ethanol. main pending requests for information This effectively closes the fishery 93 NEVC has also provided assistance re- more than a decade old. And many re- percent of the time. garding State and Federal tax credits quests result in costly and drawn out I understand the need to reduce catch and the materials needed for proper lawsuits which effectively prevent the on a temporary basis in order to allow marketing and promotion by these sta- average citizen from receiving the in- the stocks to rebound from decades of tions. formation they deserve. overfishing, but if we are going to have NEVC has an extensive background, This bill will restore this most funda- any fishermen left to harvest those re- high level of technical competence, and mental principle of a free and informed built stocks, we must have Govern- vast experience in establishing and citizenry. It reinforces Lincoln’s notion ment assistance to sustain the fleet maintaining E85 fueling facilities, and of a government ‘‘of the people, by the through this rebuilding period. The they have proven themselves capable of people, for the people,’’ placing infor- Maine groundfishing fleet already has effectively delivering assistance in a mation back in the hands of Ameri- been cut in half over the past 13 years, cost-efficient manner. cans. It is nothing short of a victory from more than 220 boats in 1994 to just I note that there is broad consensus for democracy. 110 today. Groundfish landings in that additional alternative fueling in- This bill restores meaningful dead- Maine are down 58 percent over that frastructure is needed in this country, lines with real consequences to the same time period. Shoreside support and I stress the need for DOE to wisely FOIA system, ensuring Government industries such as fish processors, and use the limited funds we have made agencies will provide timely responses ice, bait and fuel suppliers have suf- available. to requests. It creates a new system for fered similar losses—with jobs in fish As such, Mr. President, I strongly tracking pending FOIA requests and an processing and wholesaling dropping 40 urge the Department of Energy to ombudsman to review agency compli- percent, from nearly 3,000 jobs to less work closely with NEVC and give them ance. At the same time it closes loop- than 1,800 today.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.122 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15882 CONGRESSIONAL RECORD — SENATE December 18, 2007 Because of these severe economic im- We first worked to remedy this situa- hard choices. To their credit, the bill pacts and their ramifications to shore- tion and restore a strong regional solu- before us today prioritizes the most side infrastructure and the overall tion last October. When the Senate critical domestic programs in the Fed- health of coastal communities, earlier passed our Commerce-Justice-Science eral Government. this year the Governor of Maine ap- Bill, S. 3093, we included a Sununu The omnibus also contains an addi- pealed to the Secretary of Commerce, amendment, which I cosponsored, that tional $3.7 billion in emergency funding asking that he officially declare a would have directed $15 million of the for veterans, constituting the largest ‘‘fisheries failure’’ in this region. Such funds provided to the National Oceanic increase in veterans’ spending in the a declaration under existing law would and Atmospheric Administration to be history of our Nation. $1.9 billion of the allow the release of vital disaster as- available to carry out disaster relief increase is targeted for VA medical sistance to help minimize the dev- activities of the Magnuson-Stevens services. This much needed funding astating losses our fishing commu- Act. To my great dismay—and without will improve treatment for traumatic nities are experiencing. consultation to the New England dele- brain injury and post-traumatic stress Unfortunately, the Secretary of Com- gation—the omnibus before us no disorder, two of the most prevalent in- merce failed our fishermen, when he longer contains the Senate-passed lan- juries from the global war on ter- failed to make this declaration. He guage allowing this disaster relief for rorism. misinterpreted Congress’s intent when, New England’s groundfishermen. The I am also proud of what this bill will in the most recent reauthorization of Senate must now act to restore this do for the people and communities of the Magnuson-Stevens Fishery Con- funding. Connecticut. The money I requested servation Management Act, we author- If we fail to do the right thing today, will assist many worthy local efforts, ized disaster relief funding for fisheries the result will be that disaster relief such as hospital renovations, the con- crippled by overly onerous regulations. funding will go to only Massachu- struction of a small craft maintenance And that mistake was fueled by his de- setts—arguably the State that needs it facility at Naval Submarine Base New cision to cherry-pick numbers and the least. For example, the port of New London, a community college manufac- timeframes that provided a rosier anal- Bedford, MA consistently ranks first in turing technology program, and im- ysis of the true cumulative economic the Nation in the value of fisheries provements to several intermodal impact of the groundfish regulations. landings. Fishermen brought $281.2 mil- transportation facilities. It was his contention that the fishery lion worth of fish to New Bedford alone I would like to clarify conference was ‘‘rebuilding.’’ While this may be in 2006, continuing a 7-year trend of in- language concerning two specific true, the fact remains: today, our fish- creasing value of landings. On top of projects in the bill. Currently, the Inte- ermen are only allowed to work 24 days that—Massachusetts fishermen are al- rior, Environment, and Related Agen- a year. If these are the regulations we ready set to receive approximately 6 cies conference report lists a State and require, I think that is evidence million of additional fisheries mitiga- tribal assistance grant project as enough that the fishery should be con- tion funding from operators of a lique- ‘‘$300,000 for The City of Southington sidered a failure. fied natural gas facility. for wellhead cleanup.’’ This language But given the Secretary’s decision, If Congress does not act to remedy should be interpreted as if it stated and his rejection of numerous appeals this situation, we could be sounding ‘‘$300,000 for the Southington Water to reconsider, it is now up to Congress the death knell for groundfishermen in Department for wellhead cleanup.’’ to provide this vital economic relief, other New England States. The fisher- The Labor, Health and Human Serv- which will enable our fishing commu- men in Maine, New Hampshire, Rhode ices, Education and Related Agencies nities to survive while groundfish Island, and Connecticut would simply conference report lists an Office of Mu- stocks rebuild over the next several be unable to compete with their coun- seum and Library Services project as years. But as it now stands in the om- terparts in Massachusetts, who will ‘‘$97,000 for the Connecticut Historical nibus, Congress is poised to repeat the soon find themselves awash in an in- Society, Hartford, CT for educational mistakes made by the Secretary of programs and interactive school pro- Commerce by denying this relief where flux of cash, boosting their bottom grams at the Old State House.’’ This it is most needed. lines and increasing their competitive- Currently, the language in the bill ness. This would be a grievous injus- language should be interpreted as if it would only allow disaster relief funding tice—one that we cannot countenance. stated ‘‘$97,000 for the Connecticut His- to groundfishermen in the State of For the sake of the hard-working torical Society, Hartford, CT for edu- Massachusetts. This language marks a groundfishermen throughout the other cational programs and interactive significant departure from the New New England States, who have already school programs at the Old State England delegation’s past efforts to ad- endured years of costly regulations and House and the Connecticut Historical dress the impacts of groundfish regula- are working hard to help stocks re- Society Museum.’’ tions. For nearly a decade, until this cover, I implore my colleagues to sup- Once again, I commend the efforts of language appeared, my staff and I have port this amendment. Congress must my colleagues on the consolidated ap- worked closely with Senators KERRY right the wrongs that continue to be propriations bill for fiscal year 2008. and KENNEDY—as well our colleagues carried out on our hardest hit fisher- They deserve hearty congratulations from other New England States—to de- men and coastal communities. for their demanding work and consider- velop and put forth a comprehensive, Mr. LIEBERMAN. Mr. President, I able willingness to compromise. consistent, regional approach for rise today to support the fiscal year Mr. COBURN. As we approach the achieving the goal of fairly and effec- 2008 omnibus appropriations bill. I end of the year, Congress once again tively helping our groundfishermen. know it has been difficult to reach a finds itself on a last-minute spending The simple fact is that this is a re- compromise on this bill, and I realize spree, approving billions of dollars of gional fishery. Massachusetts fisher- that many funding levels for important new spending with few questions asked, men are chasing the same fish as their programs were reduced so we could no amendments allowed, and little de- Maine or Rhode Island or New Hamp- reach an agreement. bate, discussion, or inspection per- shire counterparts. And I am deeply Despite these cutbacks, I believe we mitted. troubled to see that this regional, co- can still be proud of this bill. It con- The U.S. national debt now exceeds operative approach has been abandoned tains considerable funding for counter- $9.13 trillion. That means almost by my colleagues from Massachusetts, terrorism and crime prevention, sci- $30,000 in debt for each and every man, and they now choose to ‘‘go it alone’’ entific and medical research, Pell woman, and child in the United States. without seeing that this is a regional grants, title I schools, special edu- The U.S. debt is expanding by about crisis. After all, considering that dev- cation, small business programs, con- $1.4 billion a day, or nearly $1 million astating economic impacts have hit all sumer product protection, Amtrak, a minute. The unfunded liability New England States, especially Maine, State and local first responder grants, placed on a child born today is $400,000. it is simply unfair and unreasonable to and low-income energy assistance. To The ‘‘Financial Report of the United keep this funding contained to one meet the President’s top line budget States Government’’ released this week State. number, my colleagues had to make found that the Federal deficit would be

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15883 nearly 70 percent higher than the $162.8 $150,000 for a Louis Armstrong Mu- replacement projects and caused [Fed- billion reported 2 months ago if the seum in New York; eral Aviation Administration] to delay Government used the same accounting $700,000 for a bike trail in Minnesota; the planning of its higher priority re- practices as private firms. Accounting $1,000,000 for river walk in Massachu- placement projects by at least 3 for such liabilities as pensions and setts; years.’’ health care costs when they are in- $200,000 for a post office museum in Earmarks have siphoned away tens of curred rather than when they are paid downtown Las Vegas; billions of dollars that could and would have boosted the deficit to $275.5 $1,000,000 for an earmark requested by should have been spent to upgrade defi- billion, the report noted. a House Member who has been indicted cient bridges or improve aging roads It is completely irresponsible for on Federal charges of racketeering, rather than being spent on politicians’ Congress to add to this debt that money-laundering and soliciting pet projects. threatens the retirement security of bribes; our senior citizens and the economic $824,000 for alternative salmon prod- The Senate has already rejected a prosperity of our children and grand- ucts; similar amendment in September, and children who will inherit the debt that $146,000 for an aquarium in South this bill shows once again that Con- results from the spending decisions Carolina; gress is more interested in securing Congress is making today. $1,000,000 for managing weeds in earmarks than securing our Nation’s The Omnibus appropriations bill, Idaho; and roads and bridges. which combines the 11 unfinished ap- $37,000 for the Lincoln Park Zoo in Il- The second amendment, 3861, would propriations bills to fund the Federal linois. have allowed the Department of Health Government’s operations in fiscal year It is hard to argue that any of these and Human Services to redirect ear- 2008, provides approximately $515.7 bil- are national priorities or more impor- marked funds to the Maternal and lion in discretionary spending. The bill tant than funding the troops in Iraq or Child Health Block Grant Program. also adds approximately $11 billion in worth increasing the national debt. Congress has spent much of this year emergency spending, of which $3.7 bil- Members of Congress have, however, posturing about who cares most about lion is contingent emergency spending learned to rationalize the practice of providing health care for children and for veterans programs. earmarking, but the truth is every ear- the uninsured. Yet Congress has failed This bill was approved by the House mark diverts funds away from more to enact any reforms to expand health of Representatives last night, and the important national priorities. care access. According to the Kaiser Senate will vote on it today, even I filed two amendments to this bill Family Foundation, in this country though it has only been available now that would have demonstrated this there were 9.5 million children who for 36 hours. The bill is more than 3,400 point that I had hoped to offer but was lacked health insurance for at least pages, and I am fairly certain that not blocked from doing so. These amend- part of last year, and over 17 million a single Member of either chamber of ments would have given Congress the women are uninsured. Congress, or anyone else, for that mat- opportunity to choose between improv- This amendment ensures that many ter, has read it in its entirety. What is ing deficient roads and bridges and pro- most shocking, however, is that the ea- of these uninsured women and children viding health care to women and chil- would receive services from the Mater- gerness of Members of Congress to re- dren before steering funds toward spe- cess for the year and to satisfy the de- nal and Child Health Block Grant, cial interest earmarks. which provides funding for urgent sire to secure pork projects has taken The first amendment, 3860, would precedent over our responsibility to health needs for pregnant women, have allowed the Department of Trans- mothers, infants, children, and adoles- properly manage the Nation’s finances portation to redirect earmarked funds and set national spending priorities. cents. It is shameful that Congress has to improve unsafe roads and bridges. diverted tens of millions of dollars in While this bill does not provide the On August 1, 2007, the Interstate 35 funding that is needed for our brave the health title of this bill towards spe- West, I–35W bridge over the Mississippi cial interest pork projects when mil- men and women in uniform fighting on River in Minneapolis, MN, collapsed the front lines in Iraq, it does contains lions of children and women do not during rush hour, killing 13 people and over 9,000 special interest pork have access to critical health care. injuring another 123. This tragedy ex- projects, known as ‘‘earmarks.’’ posed both a nationwide problem of de- The Senate rejected a similar amend- ‘‘An earmark Christmas, Lawmakers ficient bridges as well as misplaced pri- ment in October, and this bill dem- deck out omnibus with many a spend- orities of Congress, which has focused onstrates once again that while Con- ing project,’’ proclaims the front page more on funding earmarks than im- gress may talk about prioritizing chil- of the Hill newspaper. ‘‘Earmark Ex- proving aging infrastructure. dren’s health care, the real priority of travaganza, Nearly 9,000 Requests in According to the U.S. Department of Congress is its own special interest Omnibus,’’ exclaims the front page of Transportation, one out of every eight pork projects. Roll Call. bridges in our Nation is structurally There are plenty of other examples in Nearly 300 of the earmarks in this this bill of Congress’s misplaced prior- bill costing over $800 million were air deficient. Of the 597,340 bridges in the United States, 154,101 bridges are defi- ities. The bill, for example, terminates dropped into this bill during closed- the Baby AIDS Program that provides door meetings not open to the public or cient. Yet, instead of addressing needed bridge maintenance, Congress has resources to prevent perinatal HIV most Members of Congress. transmission and care for mothers with Among the thousands of earmarked prioritized earmarks for politicians’ HIV, while ensuring that San Fran- projects tucked into this bill are: pet projects, many which do not even cisco receives funding for deceased $113,000 for rodent control in Alaska; involve roads or bridges. $213,000 for olive fruit fly research in The $286 billion, 5-year Transpor- AIDS patients. The bill provides an- France; tation authorization bill approved by other $100 million for the 2008 political $1,645,000 for the City of Bastrop, LA. Congress in 2005, for example, included party conventions. It allows the De- According to Bastrop Daily Enterprise, 6,373 earmarks, totaling $24 billion, in- partment of Justice to again provide ‘‘The money is officially earmarked for cluding the infamous ‘‘Bridge to No- Federal financial support for groups the purchase of bulletproof vests and where’’ in Alaska. linked to terrorism by removing the body armor. Bulletproof vests only cost An investigation by the inspector prohibition passed by the Senate in Oc- about $700–800, however, so $1.6 million general of the Department of Transpor- tober. would appear to be overkill.’’ Police tation found that ‘‘Many earmarked Who know what other travesties are detective Curtis Stephenson agrees, projects considered by the agencies as hidden within this 3,400 page omnibus conceding ‘‘There’s no way we’d need low priority are being funded over spending bill that Congress is expected that kind of money just to put all our higher priority, non-earmarked to pass without having time to read, people in vests.’’; projects.’’ The IG notes that ‘‘Funding review, or amend? Members of Congress $200,000 for a Hunting and Fishing these new low priority projects added may never know, and apparently few Museum in Pennsylvania; to the already substantial backlog of seem to care.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.088 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15884 CONGRESSIONAL RECORD — SENATE December 18, 2007 It should come as no surprise to any- trate. Second, it requires registration have chosen to support it because it is one that the approval ratings of Con- number applicants to be matched within the President’s budget request, gress have reached alltime historical against the terrorism screening data- it provides bridge-funding to support lows. base before being authorized to buy or our troops in Iraq and Afghanistan, and Congress has ignored the needs of our sell ammonium nitrate. Finally, by it contains a number of other items troops in combat, the looming bank- making the sale or purchase of ammo- that I support. ruptcy of Social Security and Medi- nium nitrate more difficult, it deters I am pleased that the bill contains care, and the nearly insurmountable acquisition of this explosive precursor funds to continue Marriage Develop- national debt that threatens the future by dangerous persons. ment Accounts in the District of Co- prosperity of our Nation while showing Farmers who use ammonium nitrate lumbia. We began this program in fis- virtually no restraint on spending, es- in agriculture production normally ob- cal year 2006 as a way to stem the ero- pecially for parochial pork projects. tain the ammonium nitrate from a re- sion of marriage in DC. Sadly, mar- Mr. CRAPO. Mr. President, I rise tail fertilizer dealership. Any retail riage is all but disappearing in low-in- today to offer my distinct dismay with fertilizer dealership that stores and come communities in this city and the outcome of what has become omni- sells ammonium nitrate would have to across the country because couples lose bus funding legislation for 11 of the 13 register under this legislation. The in- important benefits such as food appropriations bills for fiscal year 2008. tent of this legislation is ‘‘track and stamps, low-income housing credits, H.R. 2764 is a sad testament to trace’’—to provide law enforcement of- Temporary Assistance to Needy Fami- Congress’s inability to draft and pass ficials with the ability to know where lies, and Medicaid merely for taking a responsible Federal funding legislation. ammonium nitrate is being stored and wedding vow. In addition, these couples I am very disappointed that critical the establishment of a prescreening often have to pay higher taxes when they choose to marry. For most low-in- funding for drug abuse education ef- process before a person can purchase come couples, the welfare system has forts, crime victims and, more specifi- and take away ammonium nitrate. cally, victims of domestic violence has Retail fertilizer dealerships provide made marriage a bad economic deci- been stripped from this bill. Idaho will many services for farmers and one of sion. MDAs are one way we are making marriage a good economic decision. lose more than 10 percent of Victims of those services is custom application. With an MDA, a low-income couple can Crime Act Funding, money, inciden- Many farmers buy the fertilizer, but save for a house, for higher education, tally, which was never supposed to be never physically take possession of the or to start a small business and we will subject to the appropriations process in ammonium nitrate. Instead, farmers the first place. Furthermore, funding match those funds 3-to-1 with two Fed- purchase the services of a dealer who eral dollars and one private matching for programs that help victims of sex- spreads the ammonium nitrate on their dollar. In just its second year of oper- ual assault in 15 cities in Idaho and a fields. In the southeastern United ation, over 100 DC residents have program that has helped thousands of States, nearly 90 percent of the 41,800 opened MDAs and 7 have already Idaho schoolchildren learn of the dan- tons of ammonium nitrate purchased is bought houses with their matched sav- gers of Internet predators have been directly applied to the field from the ings. eliminated during the conference proc- custody of the fertilizer dealer or appli- I am also pleased that we were able ess on this omnibus spending bill. Jus- cator company. Only 10 percent of the to include language in this bill requir- tice assistance grants have been sig- ammonium nitrate purchased in the ing the U.S. Mint to return the words nificantly reduced. The Office of Na- southeastern United States is ever ‘‘In God We Trust’’ to the face of the $1 tional Drug Control Policy Youth Anti- under the direct control and possession Presidential coins and the $1 Drug Media Campaign was signifi- of the farm customer. Sacagawea coins. ‘‘In God We Trust’’ is cantly cut, which jeopardizes impor- Businesses and employees who pro- our national motto and since the be- tant anti drug and, particularly anti vide custom application services would ginning of our Nation, America’s citi- meth media messaging for Idaho’s be subject to the registration require- zens have acknowledged how God is youth. Although I have supported im- ments of the legislation. It is not the very much a part of the founding prin- portant funding along the way in these intent of this legislation to require reg- ciples and traditions of our democracy. bills including veterans funding, border istration by individuals who use cus- I would like to note that in 1861, Sec- funds and other Idaho priorities, in my tom application services but never retary of the Treasury Samuel P. view, victims of crime and our youth physically control any ammonium ni- Chase ordered that coins bear a motto are the clear losers in this legislation, trate. expressing the American people’s trust and because of this and other substan- I believe this bill will help keep am- in God. The first coins with the phrase tial concerns I have with this, I have to monium nitrate out of would-be terror- ‘‘In God We Trust’’ were minted in 1864. vote against the bill. ists’ hands while allowing farmers to In 1955, the phrase was required for all Mr. PRYOR. Mr. President, I would use it for legitimate purposes. new coins, and in 1956 Congress offi- like to express my support for a provi- Mr. BROWNBACK. Mr. President, I cially endorsed ‘‘In God We Trust’’ as sion of the Consolidated Appropria- rise to discuss the Omnibus appropria- the national motto. Therefore, I was tions Act, 2008. Specifically, I would tions bill that is before us today. Al- troubled to learn that the words ‘‘In like to take this opportunity to high- though I am supportive of a number of God We Trust’’ do not appear on the light and clarify language included in important items in the bill, I have seri- face of the new Presidential coins. Division E, the Department of Home- ous concerns and reservations about These words are barely visible and al- land Security Appropriations Act of how this voluminous package was put most hidden on the edge of the new 2008 regarding the secure handling of together and how it has reached this coins. To rectify this situation, we ammonium nitrate. point. As we are all aware, none of the have included language in this bill that This legislation reduces the risk of 11 bills in this package have ever been will require the U.S. Mint to return our large quantities of ammonium nitrate considered on the floor of this cham- national motto to the front of the coin. falling into the wrong hands, while en- ber. I believe this is a travesty and en- I would like to note that we have suring access for agriculture profes- tirely contrary to our democratic proc- provided $80 million for the Consumer sionals and farmers who use this fer- ess. I, for one, believe that next year Product Safety Commission, an in- tilizer for legitimate purposes. It re- we must make it a priority to consider crease of $17 million over the fiscal quires that ammonium nitrate sellers all of the appropriations bills in reg- year 2007 level. I believe that this in- and purchasers register and receive a ular order so that all Members can par- crease is important and necessary be- registration number in order to dis- ticipate in the process. We are appro- cause it will allow the CPSC to hire ad- tribute or buy the product. Doing so re- priating nearly $933 billion through ditional inspectors to ensure that toys duces the possibility that ammonium this bill and only a select few Members and other consumer products entering nitrate will be misused. First, it allows in both Chambers have participated in our country are safe. We have all been Department of Homeland Security and the allocation of those dollars. deeply concerned over the flood of relevant law enforcement agencies to Despite my deep concerns about the shoddy and dangerous products enter- know who has access to ammonium ni- process of putting this bill together, I ing our ports. Most troubling is that

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.088 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15885 many of these products are designed tect America from terrorism and vio- small U.S. manufacturers stay com- for our smallest and most vulnerable lent crime. The subcommittee provided petitive. Also, the agreement provides consumers: everything from baby cribs the Federal Bureau of Investigation $65 million for the newly authorized and strollers to children’s toys and (FBI), our domestic counterterrorism Technology Innovation Partnership, baby teethers have been recalled just agency, $133 million above the Presi- TIP, program to encourage innovation. this past year. I believe these addi- dent’s request, for a total of $6.7 bil- The CJS agreement emphasizes over- tional funds will help CPSC address lion. The CJS agreement bolsters the sight and accountability to prevent this growing problem. FBI’s efforts to fight emerging cyber mismanagement of taxpayer dollars. I am supportive of the $60 million security and terrorist threats and pro- Specifically, the agreement prohibits available in this bill to support democ- vide for 160 new FBI agents to track funds for lavish banquets and con- racy in Iran. Although I am pleased and dismantle terrorist cells in the ferences and requires the Inspector that this money is in the bill, I would United States For the Drug Enforce- General in each agency to stand sentry have hoped we could have come up with ment Administration, DEA, we provide over grant spending to ensure taxpayer an additional amount for this impor- $53 million more than the President’s dollars are not squandered. The sub- tant and essential work. I am also con- request, for a total of $2.1 billion. committee agreement institutes an cerned about oversight of these funds. These funds will lift the hiring freeze early warning system for cost overruns In my view, this money is a crucial and give DEA the resources they need and schedule slippages on major sat- part of our overall policy on Iran, and to hire 200 additional special agents. ellite procurement programs so that I will closely monitor how it is spent. These agents will fight illegal drugs costs to the taxpayers do not grow un- Finally, I would not be able to vote like heroin and methamphetamine that checked. The agreement also requires for this bill if it did not contain the are destroying our communities and management reforms at the Patent and necessary funding for our troops in disrupt the poppy trade in Afghanistan, Trademark Office, PTO, to reduce ap- Iraq and Afghanistan. The amendment which funds terrorist activity. plication backlogs and waiting times. that Senator MCCONNELL has offered In addition, the President’s budget Currently there is a 2 year backlog to today contains those important and gutted funds for State and local law en- process a patent application and this necessary funds. We are making forcement by $1.5 billion from last backlog could reach over 800,000 appli- progress in the war in Iraq and we must year’s level. The CJS agreement pro- cations this year. continue to provide our brave service- vides a total of $2.7 billion to help Unfortunately, the subcommittee men and servicewomen all the armor State and local law enforcement fight also had to make some very difficult and ammunition and support they need crime, drugs and gangs. The agreement choices. There were reluctant cuts dic- to continue to secure a peace in that includes $1.2 billion more than the tated by the President’s budget that region of the world. President’s request. With the limited forced the Subcommitte to cut things I reiterate my deep concerns and con- resources the subcommittee had, we that we wanted to fund. For example, sternation with how this omnibus bill were able to make modest increases to Byrne formula grants to States are was put together. To say that this be- critically important State and local funded at only $170 million. The Presi- hemoth bill was cobbled together in law enforcement programs. For exam- dent zeroed out Byrne formula grants, the dead of night among just a few ple, we provided $20 million to put 260 but our agreement is still $350 million Members is no exaggeration. Such an new cops on the beat in our local com- below 2007. Byrne formula grants go to approach is undemocratic and dan- munities; $400 million to keep women States to pay for police training and gerous. Although I will vote for the and children safe from domestic vio- technology and crime prevention pro- bill, I must insist that we abandon this lence; $383 million to keep children safe grams at the State and local level. This undemocratic process and return to from child predators, gangs and drugs; cut means there will be less direct Fed- regular order when we take up next and $15 million to put cops in schools eral funding for State law enforcement year’s appropriations bills. to fight the rising trend of violence on budgets, straining State budgets that Ms. MIKULKSI. Mr. President, I rise school grounds. These are critical pro- are already stressed. today to discuss the Commerce, Jus- grams and I wish we could have pro- Regrettably, the CJS agreement is tice, Science and Related Agencies, vided more funds to keep our children $424 million below the President’s re- CJS, division of the Omnibus appro- safe, protect our communities and pro- quest for the American Competitive- priations bill before the Senate. The vide those on the thin blue line the re- ness Initiative, ACI, at the National CJS agreement in this bill is a bipar- sources they deserve to protect us. Science Foundation, NSF, and Na- tisan, bicameral compromise that is a The CJS agreement continues the tional Institute of Standards and Tech- product of hard work and tough subcommittee’s commitment to the de- nology, NIST. Our Senate bill fully choices. In order to meet a very strin- velopment of new technologies that funded the President’s request for ACI, gent allocation mandated by the Presi- create jobs for the future. The CJS which has bipartisan support, but our dent, we had to cut $2.6 billion from agreement fully funds the President’s allocation required very difficult the Senate CJS bill, which passed the request of $17.3 billion for NASA. choices and this was one of them. Senate on October 16, 2007. NASA is our premier innovation agen- Finally, I want to express about my Although we were forced to make cy that is creating new technologies disappointment that the House would substantial cuts, we protected the sub- and inspiring future scientists and en- not agree with two provisions that committee’s priorities. First, secu- gineers. The CJS agreement maintains were included in the Senate CJS bill. rity—keeping Americans safe from our commitment to the space station First is emergency funding for NASA. threats at home and abroad. Second, and the aging space shuttle fleet and Our Senate bill included $1 billion in promoting competitiveness—devel- fully funds the new space transpor- emergency funding to reimburse NASA oping new technologies that create jobs tation vehicle. The CJS agreement also for the costs of returning the space for the future. Finally, providing con- keep our commitment to NASA’s sci- shuttle to flight after the Columbia ac- gressional oversight by demanding ac- entific discovery and aeronautics re- cident. This funding had bipartisan countability from the agencies funded search. support in the Senate, but the House in this bill to ensure they act as good In addition, the CJS agreement re- would not agree to it. The consequence stewards of U.S. taxpayer dollars. Sig- jects the President’s cuts to Depart- will be a continued gap in time be- nificant improvements to the Presi- ment of Commerce initiatives that cre- tween shuttle retirement and develop- dent’s budget were made in this bill to ate technologies and jobs. The agreement of our new vehicle. make America safer and stronger and ment restores $80 million above the Second, I included a provision in our ensure taxpayer dollars are being spent President’s request for economic devel- Senate bill to extend the H–2B return- wisely. opment grants to help our commu- ing worker exemption. This was a sim- Despite the tough choices we had to nities develop infrastructure to create ple 1-year extension of current law. On make, there are accomplishments for new jobs. The agreement provides $90 a bipartisan basis, the Senate wanted which we can be proud. First, the CJS million for the Manufacturing Exten- to protect small and seasonal busi- subcommittee’s top priority is to pro- sion Partnerships, MEP, which help nesses from going bankrupt. I regret

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.059 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15886 CONGRESSIONAL RECORD — SENATE December 18, 2007 that the House would not agree to the essary to bring about a political solu- The alternative is to continue giving extension. tion that is the only solution. And as the President a blank check which is Overall, the CJS agreement is a bi- long as we continue to follow the same exactly what the McConnell amend- partisan effort, a product of hard work course of giving them an open-ended ment does. There’s no requirement to and tough choices in order to meet a commitment, they will continue to transition the mission, and no deadline very tight allocation. Even within the pursue their narrow sectarian interests to leverage political process. And tight allocation, we provide funding to while our troops continue to pay the there’s no relief for a military keep America safe, we secure Amer- ultimate price. stretched to the breaking point. That ica’s competitiveness, and we provide To succeed over the long term in will not resolve the sectarian divisions strong oversight and accountability to Iraq, we must change course. We must that have fed this civil war, it will not ensure stewardship of taxpayer dollars. insist on a strategy that honors what bring longterm stability to Iraq, and it I want to thank my ranking member, our troops have accomplished and force will not protect our national security Senator SHELBY for his collegiality and the Iraqis to finally take advantage of interests around the world. cooperation. I also want to thank the opportunity they have before them. Nowhere is that more important than Chairman BYRD and Ranking Member That’s what the Feingold amendment in Afghanistan, where the same killers COCHRAN for their hard work and advo- does. It changes the mission to one who attacked us on 9/11 are right where cacy. And I thank their staff, specifi- that can be sustained even as we draw we left them, plotting more attacks on cally, Art Cameron, Chuck Kieffer, and down troops to pre-surge levels which our homeland. The simple fact is that Bruce Evans. I encourage my col- our overstretched military requires us because of the attention, energy, and leagues to support of the CJS agree- to do: training Iraqi security forces, resources we have devoted to Iraq, ment. conducting targeted counter-terrorism we’re now in danger of losing Afghani- Mr. KERRY. Mr. President, I rise in missions, and protecting U.S. forces stan. The Taliban and al-Qaida have re- support of the Feingold amendment be- and facilities. And most importantly, grouped along the Afghan-Pakistan cause the strategy it mandates gives us it sets the deadline we need to create border, currently hold large swathes of the best chance to succeed in Iraq and the leverage necessary to bring about territory, and are expanding their strengthen America’s security around real political reconciliation. reach into regions that haven’t seen In fact, if you look closely at what the world. In fact, recent developments the Taliban since 2001. Violence may be has occurred over the past few months in Iraq and Afghanistan have made it down in Iraq, but it’s at its highest levin Iraq, it is clear that a significant clear that this amendment is as impor- els in Afghanistan since the invasion. amount of the progress we have seen in tant now as it was when Senator FEIN- Opium cultivation has soared to 93 per- terms of reducing violence has been the GOLD and I first introduced a similar cent of the world’s market. Recon- result of political decisions. That’s not measure a year and half ago. struction efforts have stalled, and to understate the key role our troops I have heard the arguments that the Oxfam International is reporting ‘‘hu- escalation has worked, that we no have played it’s simply to recognize the realities of this type of counterin- manitarian conditions rarely seen out- longer need to change the mission, and side sub-Saharan Africa.’’ that we are now on the path to victory surgency mission. We all know that the Sunni tribal That is why Secretary Gates and Ad- in Iraq. Every one of us agrees that the leaders in Anbar province made a cal- miral Mullen called for more troops, troops in Iraq have done an extraor- culated decision, based on their own equipment, and a strategic plan to get dinary job under unbelievably difficult self-interest, to turn against al-Qaida it right in Afghanistan last week. But circumstances. The entire country in fact, many of us have argued for because we have expended valuable owes them a profound debt of gratitude some time the Iraqis themselves would American blood and treasure in Iraq for their incredible sacrifices. never tolerate foreign extremists in and allowed our focus to wander from But we must not lose sight of the big- their midst. our top national security priority, the ger picture, which is that the brave We also know that one of the key fac- resources just aren’t there to fight men and women of our armed forces no tors in reducing the violence has been Taliban and al-Qaida in Afghanistan. If matter how heroically they perform the decision by Moktada al-Sadr to tell we change the mission in Iraq and re- cannot end an Iraqi civil war. Every his Mahdi militia to stand down—at turn our focus to Afghanistan, we still one of our generals, the Secretary of least temporarily. This was reportedly have time to achieve the stable democ- Defense, and the Secretary of State due, at least in part, to a request racy we promised. have all told us repeatedly that there Prime Minister Maliki made of Iran in But we must act now. In Iraq and in is simply no military solution to this August to help rein in the Shia mili- Afghanistan, time is not on our side. conflict. The President himself has ac- tias. In fact, according to the New We must seize this moment to put knowledged as much and that is why York Times, spokesmen for our own America on course to a safer and more he made clear that the purpose of the military ‘‘have gone out of their way secure future. escalation was to give the Iraqis one to publicly acknowledge Iran’s role in Mr. DURBIN. Mr. President, the fis- last opportunity to make the tough po- helping to slow the flow of weapons cal year 2008 appropriations bills do not litical compromises that are the only into the country.’’ adequately address all of the long-term hope for bringing lasting stability to And finally, we know that the flow of needs of the American people. We have Iraq. foreign fighters into Iraq from Syria no one to blame but the President and But the bottom line is that we have has diminished considerably at a time his Republican allies who have chosen not seen any political progress from when we have finally begun some level to stand by his side. the Maliki government since the esca- of diplomatic engagement with Syria. The bills we drafted and passed out of lation began nearly one year ago. Not So we must learn the right lessons the Appropriations Committees on a one single additional political bench- from the positive developments we bipartisan basis went far beyond what mark has been met and by some ac- have seen over the last few months and we have here today, but the President counts they are even further away recognize that the way forward, the has made it clear he would veto any from compromising than they have best chance for lasting progress, is bills that were above his grossly inad- ever been. So when we assess progress through political and diplomatic ef- equate budget. in Iraq over the past few months, let’s forts. We must act now to take advan- These allies stood with the President be clear: by the measure that ulti- tage of the window our troops have and his budget, a budget that I cannot mately counts the most political rec- provided. I applaud the summits that believe anyone would be proud to sup- onciliation this strategy has not ac- have been held on Iraq in Sharm el port. The President’s budget contained complished the goal that the President Sheikh and Istanbul, but we need to cuts of 800 grants for medical research himself established. see much more sustained, hands-on en- at NIH, cuts in programs that provide The reason is simple: the Iraqi gov- gagement at the highest levels of the access to health care by $595 million, ernment has proven time and again administration. And we need a deadline cuts in rural health initiatives by 50 that without a deadline they will not to fundamentally change the dynamic percent, cuts for crucial Department of make the tough compromises nec- for Iraq’s political leaders. Education programs by $1.2 billion, and

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.146 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15887 cuts in Homeland Security Grants for spending for health, education and come Tax Assistance Program to serve police, firefighters, and medical per- workers by $3.9 billion. That is $3.9 bil- underserved populations and hardest- sonnel by $1.1 billion. lion for our needs here for Americans to-reach areas. This is what we were presented with at home. Even with the President’s The bill boosts funding for Treasury’s take it or leave it. The President re- hard-line position on his overall budget Community Development Financial In- fused to compromise and instead made numbers, the fiscal year 2008 Consoli- stitutions, CDFI, Fund to $94 million, it very clear that in his eyes, cuts for dated Appropriations Act better re- reflecting an increase of $39.5 million health care, education, jobs, and home- flects American priorities. over the fiscal year 2007 enacted level, land security are nonnegotiable. For Democratic increases above the $65.4 million above the President’s re- the cost of what we spend in 2 months President’s budget request include $3.7 quest, and $4 million above the Senate in Iraq, the President was more than billion for veterans healthcare, $613 committee-reported level. The Presi- willing to sacrifice a year’s worth of million for medical research, $3 billion dent’s request would have decimated badly needed investments into health for education, $486 million for renew- the fund, which promotes access to research, our children’s education, able energy sources, $788 million for capital and local economic growth by worker safety, and homeland security. heating assistance for low-income directly investing in and supporting The President has done all of this households, $1.6 billion for highways community development financial in- under the banner of fiscal responsi- and bridges, $1.2 billion for State and stitutions and by expanding lending, bility. This is hard to believe from a local law enforcement, $1.8 billion for investment, and services offered by President who increased spending 50 homeland security, and $17 million for banks and thrifts within underserved percent since he came to office, saddled consumer protection. markets. our children and grandchildren with I am also very pleased and proud of The Federal judiciary receives a 4.3 $3.3 trillion in new debt, doubled the what we were able to do with very lim- percent increase over fiscal year 2007 in size of foreign debt held by other coun- ited funding within the Financial Serv- both mandatory and discretionary tries, and asked for another $200 billion ices and General Government Appro- funding. Within the Judiciary title, the for the war in Iraq without paying for priations Subcommittee. bill provides $410 million—an 8.3 per- it. Our bill provides $20.6 billion in fund- cent increase over fiscal year 2007—for This President also had no problem ing for the Department of the Treas- court security. The bill also authorizes with a Defense spending bill that was ury, the Internal Revenue Service, the a pilot program to permit the U.S. 11 percent more than he asked for. He Executive Office of the President, the Marshals instead of the Federal Protec- has no problem asking us for a blank Federal judiciary, the District of Co- tive Service to provide security for check to fund war in Iraq. This is a lumbia, and an array of 20 independent seven Federal courthouses including President who says it is OK to increase agencies, including the Consumer Prod- the Dirksen Courthouse in Chicago. spending for those in other countries, uct Safety Commission, the General Finally, among an array of general but not here at home. When it comes to Services Administration, the Federal provisions applicable government-wide raising money for our needs at home Communications Commission, the Fed- in Title VII of Division D, the bill pro- his answer comes with a stroke of his eral Election Commission, the Federal vides for a 3.5 percent cost-of-living ad- new-found veto pen. When the President drew his line in Trade Commission, the Postal Service, justment for civilian Federal employ- the sand, we reached out to our Repub- the Securities and Exchange Commis- ees as included in both the House- lican counterparts in an effort to build sion, and the Small Business Adminis- passed and Senate committee-reported a bipartisan coalition to overcome his tration. bills. I am frustrated that we were not able veto, but Republicans gave us the cold Therefore, while I would like to high- to do more and that the process has shoulder and have decided to stand light some of the features in the Finan- with the President. These are the same cial Services title, I note that the cir- been delayed, but the fiscal year 2008 Republicans who last Congress failed to cumstances that led to the final bill funding levels we consider this evening pass a budget or complete any of its forced us to make regrettable cuts, be- reflect America’s priorities and I am work on domestic funding bills. They cause of the President’s insistence on pleased to support the final package. Mr. REID. Mr. President, with the have criticized us for the size of this his overall bottom line on domestic Senate’s passage of the Omnibus appro- bill, but compared to nothing, I will spending. take our work here. I am pleased this bill provides $80 priations bill for fiscal year 2008 and We realize we have an obligation to million for the Consumer Product Safe- H.R. 6, the Energy Security and Inde- the American people to fund the impor- ty Commission, a 30-percent increase of pendence Act of 2007, the Department tant functions of our Government and $17.3 million above the fiscal year 2007 of Energy must now finally understand to finish our work as a Congress. To enacted level and $16.75 million above that its irrational hostility toward complete these bills we had to make the budget request. geothermal energy research and devel- tough decisions in the face of the Presi- This increase in funding will allow opment has come to an end, pursuant dent’s unreasonable demands and work the agency to hire employees, find to these two acts of Congress. toward prioritizing the needs of the space for additional employees, and First, H.R. 6 will become law ahead country. make critically needed IT improve- of the omnibus and thereby controls Even within the unreasonable con- ments. the primary use and priorities for funds straints of the President’s budget num- In addition, the bill includes $115 mil- provided by Congress following its en- bers, we still put veterans first. This lion for election reform programs to be actment. As Senators may know, the bill added $3.7 billion above the Presi- available for States for assistance in United States and particularly Nevada dent’s budget request for veterans and meeting the requirements of the Help and the West have tens of thousands of their health needs. This $3.7 billion in America Vote Act of 2002. The amended megawatts of clean power generation veterans spending is a proposal the bill also provides $10 million for an potential from geothermal energy President once threatened to veto. election data collection pilot program. sources just waiting to be developed. In These funds will be used for medical Within the IRS, funding of $2.15 bil- title VI, H.R. 6 contains very impor- and prosthetic research, health serv- lion is provided for the Taxpayer Serv- tant research and development provi- ices for injured and ill veterans, and ices account. This is $11.7 million above sions collectively referred to as the Ad- the construction of new medical facili- the fiscal year 2007 enacted level, $46.9 vanced Geothermal Energy Research ties to help those returning home from million above the President’s request, and Development Act of 2007 that will Iraq and Afghanistan. The additional and $800,000 above the Senate com- help realize that enormous potential $3.7 billion for veterans is contingent mittee-reported level. The President’s and create significant sustainable eco- on Presidential action. The President budget sought to cut Taxpayer Serv- nomic growth in rural areas through- must make an emergency spending re- ices by $35.1 million below the fiscal out America. quest by January 18, 2008. year 2007 level. The bill also establishes The Department must, by law, com- Within the President’s overall budget a new $8 million pilot grant program to ply with the program direction pro- numbers, we were still able to increase improve the Community Volunteer In- vided in H.R. 6. The Department staff

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.149 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15888 CONGRESSIONAL RECORD — SENATE December 18, 2007 need not reinvent the wheel or plead Kerry Mikulski Smith Given the work of the Senators serv- that they cannot accept or acknowl- Klobuchar Murkowski Snowe ing on the Judiciary Committee, we Kohl Murray Specter edge statutory direction from Congress Kyl Nelson (FL) Stabenow will have exceeded the yearly total in at this point in the fiscal year, since Landrieu Nelson (NE) Stevens each of the last 3 years when a Repub- they have not and will not have had Lautenberg Pryor Sununu lican majority managed the Senate and Leahy Reed any conflicting direction from Con- Tester the consideration of this Republican Levin Reid Thune Lieberman Roberts President’s nominations. Indeed, with gress. Vitter Lincoln Rockefeller Second, the Omnibus appropriations Warner the confirmation today of Judge Tinder Lott Salazar Webb to replace Judge Daniel A. Manion, bill requires that the Department cease Lugar Sanders and desist its efforts to shut down the Martinez Schumer Whitehouse like that of Reed O’Connor who was existing geothermal program. Instead, McConnell Sessions Wyden confirmed last month to the Northern the bill provides approximately $20 Menendez Shelby District, we are proceeding to fill va- million for geothermal energy tech- NAYS—17 cancies before they even arise. nology research. This is an increase of Allard Crapo Hagel The progress we have made this year $20 million over the budget request for Barrasso DeMint Inhofe in considering and confirming judicial the deployment of large-scale enhanced Bayh Ensign Isakson nominations is sometimes lost amid Burr Enzi McCaskill the partisan sniping over a handful of geothermal systems, to include accel- Chambliss Feingold Voinovich erating the development of subsurface Coburn Graham controversial nominations and attempts to appeal to some on the far technologies, including geological and ANSWERED ‘‘PRESENT’’—1 right wing. When we confirm the nomi- geophysical data collection and syn- Hatch thesis. This direction to the Depart- nation we consider today, the Senate ment is entirely consistent with that NOT VOTING—6 will have confirmed 40 nominations for provided in H.R. 6. Biden Dodd McCain lifetime appointments to the Federal The Congress expects the Depart- Clinton Feinstein Obama bench this session alone. That is more ment to use that money wisely and in The motion was agreed to. than the total number of judicial nomi- a balanced fashion that comports with Mr. REID. Mr. President, I move to nations that a Republican-led Senate the direction in the appropriations reconsider the vote. confirmed in all of 1996, 1997, 1999, 2000, bill’s statement of managers and the Mr. LEVIN. I move to lay that mo- 2004, 2005 or 2006. It is 23 more con- statutory direction provided in H.R. 6. tion on the table. firmations than were achieved during Clearly, the funds should not and can- The motion to lay on the table was the entire 1996 session, more than dou- not be used to focus on one or even a agreed to. ble that session’s total of 17, when Re- narrow set of technologies to the exclu- f publicans stalled consideration of President Clinton’s nominations. It is sion of the continuum of geothermal EXECUTIVE SESSION energy technologies. I also expect that seven more than the confirmations in next year’s budget request will reflect NOMINATION OF JOHN DANIEL TINDER, OF INDI- the second to last year of President the direction given to the Department ANA, TO BE A UNITED STATES CIRCUIT JUDGE Clinton’s final term. FOR THE SEVENTH CIRCUIT by Congress in H.R. 6. We continue to make progress on cir- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. All time cuit court nominations. We began the imous consent that the Senate now is yielded back. year by resolving an unnecessary con- proceed to executive session to con- Mr. LEAHY. I ask for the yeas and troversy over Judge Norman Randy sider Executive Calendar No. 373, the nays. Smith’s nomination to one of Califor- nomination of John Daniel Tinder, to The PRESIDING OFFICER. Is there a nia’s seats on the Ninth Circuit. That be United States Circuit Judge. nomination could easily have been con- sufficient second? There appears to be The PRESIDING OFFICER. Without a sufficient second. firmed—and a judicial emergency ad- objection, it is so ordered. dressed—in the last Congress had the The question is on agreeing to the The legislative clerk read the nomi- Bush administration chosen the com- motion. nation of John Daniel Tinder, of Indi- monsense approach of nominating The clerk will call the roll. ana, to be United States Circuit Judge Judge Smith, who is from Idaho, to The legislative clerk called the roll. for the Seventh Circuit. Idaho’s seat on the Ninth Circuit. After Mr. HATCH (when his name was The PRESIDING OFFICER. Under many months of urging by me and oth- called). Present. the previous order, there will be 2 min- ers, President Bush finally did the Mr. DURBIN. I announce that the utes of debate on the nomination, right thing at the beginning of this Senator from Delaware (Mr. BIDEN), equally divided. Congress by pulling the controversial the Senator from New York (Mrs. CLIN- Mr. LEAHY. Mr. President, we end Myers nomination to Idaho’s Ninth TON), the Senator from Connecticut the 2007 legislative session as we began Circuit seat and nominating Judge (Mr. DODD), the Senator from Cali- it, by making significant progress con- Smith, instead. He was confirmed in fornia (Mrs. FEINSTEIN), and the Sen- firming the President’s nominations February. We could make even more ator from Illinois (Mr. OBAMA) are nec- for lifetime appointments to the Fed- progress if the President would make a essarily absent. eral bench. At the Judiciary Commit- California nomination to fill the long- Mr. LOTT. The following Senator is tee’s first business meeting of the year, vacant California Ninth Circuit seat necessarily absent: the Senator from held less than 2 weeks after the Repub- left open by Judge Stephen Trott’s re- Arizona (Mr. MCCAIN). lican caucus agreed to the resolutions tirement. The PRESIDING OFFICER. Are there organizing the Senate, I included on We continued through the year to any other Senators in the Chamber de- our agenda five judicial nominations. consider and confirm district and cir- siring to vote? On January 30, the Senate confirmed cuit court judges. In October, the Sen- The result was announced—yeas 76, the first two judicial nominations of ate confirmed the nominations of nays 17, as follows: the session. Today’s confirmation of Judges Jennifer Walker Elrod and [Rollcall Vote No. 441 Leg.] John Daniel Tinder to the Court of Ap- Judge Leslie Southwick, who became YEAS—76 peals for the Seventh Circuit will be the fourth and fifth circuit court nomi- Akaka Cantwell Dole the 40th, including 6 of this President’s nees confirmed this year. Alexander Cardin Domenici nominations to powerful circuit courts. After this confirmation today, the Baucus Carper Dorgan I thank the members of the Judiciary Senate will have confirmed six circuit Bennett Casey Durbin Bingaman Cochran Grassley Committee for their hard work all year court nominees, matching the total Bond Coleman Gregg in considering these important nomi- circuit court confirmations for all of Boxer Collins Harkin nations. I thank especially those Sen- 2001. We will also have exceeded the Brown Conrad Hutchison ators who have given generously of circuit court totals achieved in all of Brownback Corker Inouye Bunning Cornyn Johnson their time to chair confirmation hear- 2004 when a Republican-led Senate was Byrd Craig Kennedy ings throughout the year. considering this President’s circuit

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.082 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15889 nominees; all of 1989; all of 1983, when Congress, when the total vacancies John Daniel Tinder has a decade of a Republican-led Senate was consid- under a Republican controlled Judici- service as a District Court Judge for ering President Reagan’s nominees; all ary Committee were 51 judicial vacan- the Southern District of Indiana. Be- of 1993 when a Democratic-led Senate cies and 15 circuit court vacancies. fore his tenure on the bench, he worked was considering President Clinton’s That means that despite the additional for 7 years at the Justice Department nominees; and, of course, the entire 5 vacancies that arose at the beginning as U.S. Attorney and Assistant U.S. 1996 session during which a Republican- of the 110th Congress, the current va- Attorney for the Southern District of led Senate did not confirm a single one cancy totals under my chairmanship of Indiana. He has worked in private prac- of President Clinton’s circuit nominees the Judiciary Committee are below tice and has experience as a county the entire session. where they were under a Republican prosecutor and county public defender. The treatment of President Clinton’s led-Judiciary Committee. His nomination has the support of both nominees contrasts harshly with the The President has sent us 27 nomina- home State Senators. I acknowledge treatment Democrats gave the circuit tions for these remaining vacancies. the support of Senators LUGAR and court nominees of Presidents Reagan Sixteen of these vacancies—more than BAYH, and want to thank Senator DUR- one third—have no nominee. Of the 17 and Bush in the Presidential election BIN for chairing the hearing on this years of 1988 and 1992. In those two vacancies deemed by the Administra- nomination. election years, the Democratic-con- tive Office to be judicial emergencies, While I support Judge Tinder’s controlled Senate averaged nine circuit the President has yet to send us nomi- firmation, I am concerned about his court confirmations. Regrettably, the nees for 7, nearly half of them. If the answer to a question I sent him on the Republican Senate reversed that course President would decide to work with legal significance of Presidential sign- in the treatment of President Clinton’s the Senators from Michigan, Rhode Is- ing statements. I asked Judge Tinder if land, Maryland, California, New Jer- circuit court nominations, confirming an alleged violation of the law prohib- sey, and Virginia, we could be in posi- an average of only four in the Presi- iting cruel, inhuman, and degrading tion to make even more progress. dential election years of 1996 and 2000, Of the 16 vacancies without any conduct by American personnel were to and none in the entire 1996 session. nominee, the President has violated come before a court, would it be appro- At the end of the 106th Congress, the the timeline he set for himself at least priate for that court to consider the last 2 years of the Clinton administra- 11 times—11 have been vacant without President’s signing statement as legis- tion, the Republican-led Senate reso much as a nominee for more than lative history, in addition to the text turned to the President without action 180 days. The number of violations may of law itself. I am troubled by Judge 17 of his appellate court nominees. I in fact be much higher since the Presi- Tinder’s answer that he is open to have not duplicated that record and I dent said he would nominate within 180 looking at signing statements as a tool do not intend to, any more than I in- days of receiving notice that there for determining the meaning of a stat- tend to see the Senate pocket filibuster would be a vacancy or intended retire- ute. more than 60 of President Bush’s judi- ment rather than from the vacancy Throughout the country’s history, cial nominees, as Republicans did with itself. We conservatively estimate that Presidents used signing statements for President Clinton’s. he also violated his own rule 15 times limited purposes, such as explaining to It is a little known fact that during in connection with the nominations he the public the likely effects of legisla- the Bush Presidency, more circuit has made. That would mean that with tion or providing direction to adminis- judges, more district judges—more respect to the 43 vacancies, the Presi- trative agencies within the Executive total judges—were confirmed in the dent is out of compliance with his own Branch. It has long been considered out first 24 months that I served as Judici- rule more than half of the time. of bounds for any President to use sign- ary chairman than during the 2-year We have succeeded in dramatically ing statements—which are at most tenures of either of the two Republican lowering vacancies and, in particular, post-passage remarks—for the more ex- chairmen working with Republican circuit court vacancies. We have helped pansive and controversial purpose of Senate majorities. cut the circuit vacancies from a high creating legislative history that our I continue to try to find ways to water mark of 32 in the early days of courts would be expected to follow. make progress. Last month, I sent the this administration to as low as 13 this Legislative history is created within President a letter urging him to work year. Contrast that with the Repub- the Congress, which is charged by the with me, Senator SPECTER, and home lican-led Senate’s lack of action on Constitution with considering and State Senators to send us more well- President Clinton’s moderate and passing laws. The President may veto qualified, consensus nominations. Now qualified nominees that resulted in in- legislation, but the constitutional sys- is the time for him to send us more creasing circuit vacancies during the tem of checks and balances does not nominations that could be considered Clinton years from 17 when he was in- allow the President to speak for Con- and confirmed as his Presidency ap- augurated to 26 at the end of his term. gress. proaches its last year, before the Thur- During those years, the Republican-led The Nation stands at a pivotal mo- mond Rule kicks in. Senate engaged in strenuous and suc- ment in history, where Americans are As I noted in that letter, I have been cessful efforts under the radar to keep faced with a President who makes concerned that several recent nomina- circuit judgeships vacant in anticipa- sweeping claims for almost unchecked tions seem to be part of an effort to tion of a Republican President. More Executive power. This President has pick political fights rather than judges than 60 percent of current circuit court used signing statements to challenge to fill vacancies. For example, Presi- judges were appointed by Republican laws banning torture, laws on affirma- dent Bush nominated Duncan Getchell Presidents, with the current President tive action, and laws that prohibit the to one of Virginia’s Fourth Circuit va- having appointed more than 30 percent censorship of scientific data. When the cancies over the objections of Senators of the active circuit judges already. President uses signing statements to WARNER and WEBB, one a Republican The American people expect the Fed- unilaterally rewrite laws enacted by and one a Democrat. eral courts to be fair forums where jus- Congress, he undermines the rule of They had submitted a list of five rec- tice is dispensed without favor to the law and our constitutional checks and ommended nominations, and specifi- right or the left. I have set out since balances. It is incumbent upon the Fed- cally warned the White House not to the beginning of this Congress to do all eral judiciary, to safeguard and protect nominate Mr. Getchell. As a result, that I can to ensure that the Federal the constitutional balance when nec- this nomination that is opposed by judiciary remains independent and able essary. Democratic and Republican home-state to provide justice to all Americans. I hope that Judge Tinder will fulfill Senators is one that cannot move. These are the only lifetime appoint- his oath and be an independent buffer The Administrative Office of the U.S. ments in our entire government, and against constitutional overreaching. I Courts will list 43 judicial vacancies they matter. I will continue in the 2008 congratulate the nominee and his fam- and 14 circuit court vacancies after to- session to work with Senators from ily on his confirmation today. day’s confirmations. Compare that to both sides of the aisle as I have in the Mr. LUGAR. Mr. President, I appre- the numbers at the end of the 109th 2007 session. ciate this opportunity to support the

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.069 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15890 CONGRESSIONAL RECORD — SENATE December 18, 2007 President’s nomination of Judge John firmed him twice, and it is not sur- nominated him to become a Federal Daniel Tinder to serve as a United prising that news of his Circuit Court judge. With over 30 years of experience, States Circuit Judge for the Seventh nomination has been well received by Judge Tinder has already practiced on Circuit. stakeholders in the legal community both sides of the bench in the Seventh I would first like to thank Senate Ju- and the public. Circuit, arguing cases before it as an diciary Chairman PAT LEAHY, Ranking I am also pleased that John’s experi- assistant U.S. attorney and presiding Member ARLEN SPECTER, the respective ence and professionalism were recog- by designation in 12 cases. Overall, he Leaders, and Senator BAYH for their nized by the American Bar Association has presided over 750 trials and has important work to facilitate timely which bestowed their highest rating of published over 700 opinions. consideration of this nomination. ‘‘well qualified’’ for his nomination. By all accounts, Judge Tinder is a Late last year, Circuit Judge Dan I would again like to thank Chair- good, smart, honest judge, who is high- Manion informed me of his decision to man LEAHY and Ranking Member SPEC- ly experienced and capable. Judge Tin- assume senior status after a distin- TER for their important work on this der has received the highest possible guished career of public service. Given nomination. I believe that Judge Tin- rating from the ABA. this upcoming vacancy and the need der will demonstrate remarkable lead- If we had more nominees like John for continued strong leadership, I was ership and will appropriately uphold Tinder, we would have less fighting pleased to join with my colleague EVAN and defend our laws under the Con- around this place. He is a good judge, BAYH in commending John Tinder to stitution. he is a good lawyer, he is thoughtful, President Bush. This selection was a Mr. BAYH. Mr. President, this past and he is nonpartisan. I hope that product of a bipartisan process and re- spring, Senator LUGAR and I made a going forward, perhaps, others of a flective of the importance of finding joint recommendation to President similar mold will come before us so highly qualified Federal judges to Bush to nominate Judge John Tinder that we can do our duty with less acri- carry forward the tradition of fair, for a seat on the U.S. Court of Appeals mony. principled, and collegial leadership. for the Seventh Circuit, the second Judge Tinder enjoys my whole-sup- As the Founders observed when our highest court in the land. President port, and I ask my Senate colleagues to Constitution was drafted, few persons Bush followed our advice, the Judiciary confirm Judge Tinder to the Seventh ‘‘will have sufficient skill in the laws Committee unanimously approved his Circuit Court of Appeals. to qualify them for the stations of nomination, and today I am pleased to Mr. LEAHY. Mr. President, with this judges,’’ and ‘‘the number must be still announce that the Senate will vote on nomination, I note we have confirmed smaller of those who unite the req- Judge Tinder’s nomination. more in this session of the Senate—of uisite integrity with the requisite I take very seriously the Senate’s President Bush’s judges—than the knowledge.’’ Judge Tinder embodies constitutional duty to provide advice total number of judicial nominations the rare combination that the Framers and consent for all judicial nominees. the Republicans confirmed in all of envisioned. The Senate shares a responsibility with 1996, 1997, 1999, 2000, 2004, 2005, and 2006. I have known John for many years the President to ensure that the judici- I thought I would mention that. and I have always been impressed with ary is staffed with men and women who Mr. President, I ask for the yeas and his high energy, resolute integrity, and possess outstanding legal skills, suit- nays. remarkable dedication to public serv- able temperament, and the highest eth- The PRESIDING OFFICER. Is there a ice. ical standing. sufficient second? There is a sufficient John graduated with honors from In- I regret, however, that the process second. diana University while earning his for confirming judicial nominees has The yeas and nays were ordered. Bachelor’s degree and then later grad- become too partisan in recent years The PRESIDING OFFICER. The Sen- uated from Indiana University School and has produced too many controver- ator from Pennsylvania is recognized. of Law in Bloomington. sial nominees. Mr. SPECTER. Mr. President, I sim- John served in a variety of critical I have worked hard with my friend ply ask unanimous consent that the legal roles early in his career which and colleague, Senator LUGAR, to re- record of John Daniel Tinder be printed helped to shape his strong litigation store civility in Washington and to end in the CONGRESSIONAL RECORD, and I background and experience. Among the politics of personal destruction. We urge my colleagues to support him for many legal positions, he has served as have worked closely together to build confirmation. an assistant United States Attorney, a consensus and move forward in a re- There being no objection, the mate- public defender, chief trial deputy in sponsible way to address the challenges rial was ordered to be printed in the the county prosecutor’s office and as a that face the American people. RECORD, as follows: partner in private practice. John Tinder is the embodiment of JOHN DANIEL TINDER Given his broad experience and great good judicial temperament, intellect UNITED STATES COURT OF APPEALS FOR THE abilities, John was a natural selection and evenhandedness. He has been SEVENTH CIRCUIT to serve as United States Attorney for praised from both sides of the political Birth: 1950, Indianapolis, Indiana. the Southern District. After 3 years of spectrum for his service in the South- Legal Residence: Indiana. active and distinguished service, John ern District of Indiana, and I am con- Education: B.S., with honors, Indiana Uni- was then tapped again by President versity School of Business, 1972; Hoosier fident he will receive those kinds of re- Scholar and Dean’s List, 1968–1972; Beta Reagan to serve as United States Dis- views, as well, on the Seventh Circuit. Gamma Sigma (national business honorary trict Court Judge for Southern Indiana I have known John for 20 years. fraternity), 1971 and Business School Honor where he has served since 1987. In 20 Judge Tinder was born in Indiana, went Society. years on the bench, he has presided to law school in Indiana, and has spent J.D., Indiana University School of Law— over more than 200 jury trials in this his entire legal career in Indiana, Bloomington, 1975. district. His decisions are well known where he and his wife Jan currently re- Employment: Associate, Tinder & to be clear, well-reasoned, and thor- side. Judge Tinder is a Hoosier through O’Donnell, 1975; Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of ough while applying appropriate prece- and through. Indiana, 1975–1977; Partner, Tinder & Tinder, dents to the facts in each case. He is At only 57, Judge Tinder has had a 1977–1982; Public Defender, Marion County fully aware of the importance of appel- distinguished legal career that would Criminal Court, 1977–1982; Deputy Prosecutor late court decisions and their impact make most lawyers envious. Judge Tin- (Chief Trial Deputy), Marion County Pros- on the trial courts. der has served as a Federal district ecutor’s Office, 1979–1983; Associate, Harrison Throughout John’s career, his rep- court judge, Federal and local pros- and Moberly, 1982–1984; Adjunct Professor, utation for personal courtesy, fairness, ecutor, public defender, adjunct pro- Indiana University School of Law, 1980–1987 decency and integrity was equally well- fessor, and private practitioner. In 1984, and United States Attorney, Southern Dis- trict of Indiana, 1984–1987 and United States earned and widespread among col- at 34 years of age, he was nominated by District Judge, Southern District of Indiana, leagues and opposing counsel alike and President Reagan to become the U.S. 1987–Present. on both sides of the political aisle. The attorney for the Southern District of Selected Activities: Academy of Law Senate has already unanimously con- Indiana. Three years later, Reagan Alumni Fellow, Indiana University School of

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.176 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15891 Law, 2007; Volunteer of the Year, Wheeler LEGISLATIVE SESSION In closing, I extend my most sincere Boys and Girls Club, Indianapolis, 1988; Mem- gratitude to the Orvis School of Nurs- ber, Indianapolis Bar Association, 1975– The PRESIDING OFFICER. The Sen- ate will return to legislative session. ing, its alumni, and greater commu- Present; Current Vice President and Member nity. Nevadans are fortunate to have Pro Bono Standing Committee, 2002–2004. Mr. PRYOR. Mr. President, I suggest Bloomington Board of Visitors, Indiana the absence of a quorum. such a talented and skilled institution University School of Law, 1985–1996; Chair, The PRESIDING OFFICER. The in our State. 1994 and Dean Search Committees, 1990, 2003. clerk will call the roll. f Member, Indiana Supreme Court. The legislative clerk proceeded to GLOBAL HIV/AIDS Member, U.S. Attorney General’s Advisory call the roll. Committee of U.S. Attorneys, 1985–1987 and Mr. PRYOR. Mr. President, I ask Mr. REID. Mr. President, I rise in Vice Chairman, 1986–1987. unanimous consent that the order for recognition of World AIDS Day, which Member, Judicial Conference of the United the quorum call be rescinded. millions around the globe commemo- States; Member, Committee on Automation The PRESIDING OFFICER. Without rated on December 1. Although this and Technology, 1994–1997 and Member, Com- event will be a recent memory as the mittee on Court and Judicial Security, 1990– objection, it is so ordered. new year begins, it is my hope that its 1992. f ABA Rating: Unanimous well-qualified. purpose will be reflected in our MORNING BUSINESS thoughts and actions throughout 2008 The PRESIDING OFFICER. If there Mr. PRYOR. Mr. President, I ask and beyond. is no further debate, the question is, unanimous consent that the Senate World AIDS Day is a solemn oppor- Shall the Senate advise and consent to now proceed to a period of morning tunity to remember that HIV/AIDS the nomination of John Daniel Tinder, business with Senators permitted to continues to wreak havoc on individ- of Indiana, to be United States Circuit speak therein for up to 10 minutes uals, families, and communities around Judge for the Seventh Circuit? each. the globe. Although the new estimates The clerk will call the roll. The PRESIDING OFFICER. Without on HIV prevalence is good news, we The legislative clerk called the roll. objection, it is so ordered. cannot forget that AIDS is still a lead- Mr. DURBIN. I announce that the f ing cause of death. More than 5,700 Senator from Delaware (Mr. BIDEN), lives are taken by this disease every the Senator from New York (Mrs. CLIN- 50TH ANNIVERSARY OF THE ORVIS day, many just at a time when they are TON), the Senator from Connecticut SCHOOL OF NURSING attending school, raising children, or (Mr. DODD), the Senator from Cali- Mr. REID. Mr. President, as the Sen- contributing to society as productive fornia (Mrs. FEINSTEIN), and the Sen- ate finishes its business for the year, it adults. At the same time, nearly 7,000 ator from Illinois (Mr. OBAMA) are nec- is my privilege to rise today in recogni- people become infected every day, essarily absent. tion of the 50th anniversary of the meaning that as 2.5 million more peo- Mr. LOTT. The following Senators Orvis School of Nursing at the Univer- ple—about as many people in my home are necessarily absent: the Senator sity of Nevada, an important part of state of Nevada—will face the start of from New Mexico (Mr. DOMENICI) and Nevada’s health care community. the new year with HIV/AIDS. More the Senator from Arizona (Mr. The beginnings of the Orvis School than 30 million globally are already MCCAIN). are humble. During a brief hospitaliza- living with HIV/AIDS today. The PRESIDING OFFICER (Mr. tion in Reno, Arthur Orvis, a stock- In Nevada, the number of HIV and WHITEHOUSE). Are there any other Sen- broker and Nevada resident, noticed AIDS cases diagnosed each year since ators in the Chamber desiring to vote? the lack of student nurses and began to 2000 is on the upward trend, and AIDS The result was announced—yeas 93, wonder about the educational opportu- rates continue to disproportionately nays 0, as follows: nities for health care providers in Ne- impact ethnic and racial minorities. [Rollcall Vote No. 442 Ex.] vada. On December 15, 1955, in a letter Our State also ranks 14th in the Nation YEAS—93 to University President Minard W. for the rate of adolescents and adults Akaka Dorgan McConnell Stout, Orvis wrote, ‘‘ I desire to give living with AIDS. As a Nevadan, as Alexander Durbin Menendez $100,000 to the University of Nevada for well as a Member of Congress, I know Allard Ensign Mikulski the establishment of a department to that more must be done to tackle the Barrasso Enzi Murkowski Baucus Feingold Murray be known as the ‘Orvis School of Nurs- epidemic at home and abroad. Bayh Graham Nelson (FL) ing.’ This is a free will offering with no In Congress, we must continue to Bennett Grassley Nelson (NE) strings attached.’’ support international AIDS relief pro- Bingaman Gregg Pryor As a result of this generosity, the Bond Hagel Reed grams like PEPFAR and the Global Boxer Harkin Reid Orvis School of Nursing was founded by Fund to Fight AIDS, Tuberculosis, and Brown Hatch Roberts Arthur and Mae Orvis at the University Malaria. It should be a priority to fund Brownback Hutchison Rockefeller of Nevada in 1957. When the Orvis vital programs that fight HIV/AIDS do- Bunning Inhofe Salazar School opened its doors in the fall of Burr Inouye Sanders mestically as well, especially the Ryan Byrd Isakson Schumer that year, there were 12 students and 5 White Care Act and the National Fam- Cantwell Johnson Sessions faculty members. Unusual for the time ily Planning Program, which works to Cardin Kennedy Shelby period, the Orvis School’s first class Carper Kerry Smith prevent the spread of HIV/AIDS and Casey Klobuchar Snowe was very diverse, including one Afri- other diseases. Medicaid in particular Chambliss Kohl Specter can-American student, one male stu- is a lifeline for vulnerable HIV/AIDS Coburn Kyl Stabenow dent, one Asian-American student, and patients who would otherwise have no Cochran Landrieu Stevens nine white female students. Coleman Lautenberg Sununu other means of receiving the care they Collins Leahy Tester The Orvis School of Nursing has need. Conrad Levin Thune come a long way from that first class In giving recognition to the human Corker Lieberman Vitter of 12 students. Today, a wide group of toll of the HIV/AIDS global epidemic, Cornyn Lincoln Voinovich Craig Lott Warner students attend a world-class institu- let us also heed the resulting call to ac- Crapo Lugar Webb tion that offers the highest quality of tion. From supporting prevention to DeMint Martinez Whitehouse nursing education. While traditional treatment, individual remembrance to Dole McCaskill Wyden nursing programs focus only on hos- public awareness, let us all keep work- NOT VOTING—7 pital nursing, the Orvis School is dis- ing together to ensure that the goals of Biden Domenici Obama tinctive in that it offers a bachelor’s of World AIDS Day will soon become re- Clinton Feinstein science degree in nursing, emphasizing ality. Dodd McCain nursing leadership, community health, f The nomination was confirmed. and nursing research. I confidently be- The PRESIDING OFFICER. Under lieve that this unique focus will lead to DARFUR the previous order, the President will greater innovations and ideas for the Mr. DURBIN. Mr. President, I have be notified of the Senate’s action. future of health care. repeatedly come to the floor to speak

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.077 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15892 CONGRESSIONAL RECORD — SENATE December 18, 2007 about one of the worst human trage- ployment is scheduled to begin the Su- 1907, first as a grade school and later as dies in recent memory—the crisis in danese government is back to its old a liberal arts college. From humble be- Darfur. tricks. ginnings, the university has endured For 4 long years the world has A few weeks ago, the U.N.’s top bankruptcy, fire, a change of location watched as thousands of innocent vic- peacekeeping official, Jean-Marie to Bourbonnais, and tornado devasta- tims have been murdered, tortured, and Gue´henno, told the Security Council tion to become the fine institution of raped—their villages burned, their live- that obstacles created by the Sudanese higher learning that it is today. Olivet lihoods stolen. More than 2 million Government were jeopardizing the de- Nazarene University has grown as a people have been chased from their ployment of the new peacekeeping liberal arts institution, with additional homes—many trapped in dangerous ref- force. locations now throughout the greater ugee camps for almost 5 years. In particular, Sudan is now objecting Chicago area and in Hong Kong. Many of us on both sides of the aisle to the deployment of non-African The university also has the distinc- and in the international community peacekeepers. tion of serving as the summer home of have repeatedly called for greater U.S. Sudan’s obstruction is madness and the Chicago Bears. Olivet has hosted and global action. President Bush has must not be tolerated. the NFL team for its training camp rightly called the situation in Darfur In fact, 13 former world leaders and since 2002. genocide. British Prime Minister Gor- current activists, including former Currently, 4,400 undergraduate and don Brown has said, ‘‘Darfur is the President Jimmy Carter, former U.N. postgraduate students attend the uni- greatest humanitarian crisis the world Secretary General Kofi Annan, versity. Olivet Nazarene offers these faces today.’’ Bangladeshi microfinance champion students 100 undergraduate fields of And U.N. Secretary General Ban Ki- Muhammed Yunus, and Archbishop study, nearly 20 master’s degrees, non- moon has made ending the crisis one of Desmond Tutu have called for the im- traditional adult degree completion his top priorities. mediate deployment of the peace- programs, and a doctor of education in His efforts and those of many others keeping force. ethical leadership. led to 2 promising breakthroughs ear- This group of ‘‘Elders’’ noted in a re- Olivet Nazarene University has grad- lier this year. cent report that the residents of uated many notable alumni who have First, the various parties agreed to Darfur, as well as Sudanese elsewhere, given back to the university, the State start peace talks. With more and more are desperate for the peacekeepers to of Illinois, and this country in signifi- rebel groups involved in the violence, a arrive. cant ways. An estimated 30,000 Olivet long-term political settlement will be The stakes are too high and the hu- Nazarene University alumni live and vital in bringing stability to the re- manitarian crisis has dragged on too work around the world, including Geor- gion. long to allow any further backsliding gia Southwestern State University Second, the U.N. Security Council by the Sudanese Government. president Kendall A. Blanchard and voted to deploy a 26,000-member peace- That is why I believe it is time to in- Ticketmaster cofounder Cecil keeping force to bring the ongoing car- crease the pressure on the Sudanese Crawford. nage to an end and help create an at- Government. Olivet Nazarene University sets a mosphere for such negotiations. Earlier this year I introduced 2 standard of affordable excellence, with Under pressure from the inter- versions of legislation that would in- a cost below average for private col- national community, the Sudanese crease economic pressure on the Suda- leges nationwide. Approximately 96 government—notorious for its delays, nese regime. Each of those bills sup- percent of traditional undergraduates denials, and obstruction—grudgingly ported state and local divestment ef- receive a total of $24.9 million in schol- accepted this new force. forts, and therefore would allow each of arships and grants. I congratulate Olivet Nazarene Uni- Despite these assurances, we had us to do our part to end the madness in versity, its president, Dr. John C. many reasons to be skeptical of the re- Darfur by selling off any investments Bowling, and all the staff on 100 years gime’s true intentions. in companies that support the Suda- of service to their students and alumni, For example, Sudan has appointed its nese regime. the State of Illinois, and our Nation. own former minister of interior, Mr. I am pleased that Senator DODD, as Ahmed Harun, to lead a committee to chairman of the Banking Committee, f investigate human rights abuses and adopted ideas from these bills into the FARM BILL CONFERENCE also to help oversee the deployment of Sudan Accountability and Divestment Mr. GRASSLEY. Mr. President, I the peacekeeping force. Act of 2007—a bill the Senate passed want to speak about an issue that may Mr. Harun is wanted by the Inter- last week and the House just moments come up during the negotiations be- national Criminal Court for war ago passed by a unanimous vote of 411 tween the House and the Senate to rec- crimes. to 0. oncile the farm bill. As interior minister, Mr. Harun I thank him, as well as Ranking The bill we passed last week in the helped fund, recruit, and arm the Member SHELBY and others who have Senate included a sense-of-the-Senate Janjaweed militia which was directly worked on this bill—especially Sen- resolution addressing trade in sweet- involved in perpetuating the genocide ators CORNYN and BROWNBACK, who eners between parties to the North in Darfur. joined me as lead sponsors of the legis- American Free Trade Agreement, also Mr. Harun’s place in on trial in The lation I originally introduced. known as NAFTA. Hague, not investigating violence he I hope Congress’s support for this bill Apparently, some view this language helped perpetuate. sends the Government of Sudan an im- as just a placeholder for new language Equally troubling are the continued portant message—that its brazen that will be inserted in conference. attacks on international aid workers, delays and obstruction of an inter- Even more troubling, the new lan- fissures in the peace agreement be- nationally sanctioned peacekeeping guage that is being contemplated tween North and South Sudan, and force in Darfur can no longer be toler- would call for managed trade in sweet- continued violence in Darfur. ated. eners between the United States and While the Khartoum government f Mexico. thumbs its nose at the international The issue of trade in sweeteners be- CONGRATULATING OLIVET community, thousands of innocent vic- tween the United States and Mexico NAZARENE UNIVERSITY tims remain trapped in sprawling ref- has a long history. ugee camps—their lives horribly up- Mr. DURBIN. Mr. President, I rise For years, Mexico put up barrier rooted, their families traumatized with today to congratulate Olivet Nazarene after barrier to our exports of high fear and dislocation. University on its 100th-year anniver- fructose corn syrup. And now, tragically, it appears that sary. It started in 1998. That year, Mexico the Sudanese government was never se- Olivet Nazarene University was imposed an antidumping duty order on rious about the U.N. peacekeeping founded by a group of families led by imports of high fructose corn syrup force. With only 3 weeks until the de- Edward Richards and Orla Nesbitt in from the United States.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.063 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15893 We challenged that order, and we Simply put, managed trade could re- eners is retained without change in the won. In 2001, a dispute resolution panel verse all the gains we have made over conference report to the farm bill. determined that Mexico was out of the years to get Mexico to take our Free trade in high fructose corn compliance with its obligations under high fructose corn syrup. syrup with Mexico is long overdue. NAFTA. Corn farmers and high fructose corn The appellate body of the World syrup producers in Iowa and other I yield the floor. Trade Organization reached a similar States would, of course, be harmed by conclusion. any import restrictions imposed by f The antidumping duty order on our Mexico as a result of managed trade. high fructose corn syrup was incon- And managed trade could well result FURTHER CHANGES TO S. CON. sistent with Mexico’s obligations under in Mexico further violating its obliga- RES. 21 the WTO. tions under NAFTA. Mexico finally lifted its antidumping Many of my colleagues complain, le- Mr. CONRAD. Mr. President, section duties in 2002. But that same year, gitimately, when our trading partners 207(c) of S. Con. Res. 21, the 2008 budget Mexico imposed a 20 percent tax on soft fail to comply with their international resolution, permits the chairman of the drinks flavored with high fructose corn trade obligations. Senate Budget Committee to adjust syrup. The last thing we should do is give the section 207(b) discretionary spend- This soda tax was designed specifi- Mexico an excuse to violate its NAFTA ing limits and allocations pursuant to cally to discriminate against high fruc- obligations, particularly when it would section 302(a) of the Congressional tose corn syrup imported from the harm U.S. agricultural producers. Budget Act of 1974 for legislation re- United States. The current language in the Senate- ported by the Senate Appropriations As a result of this unfair discrimina- passed bill does not call for managed Committee that provides a certain tion, our exports of high fructose corn trade. level of funding for fiscal year 2008 for syrup to Mexico fell dramatically. The current language would not like- four program integrity initiatives. The We challenged Mexico’s discrimina- ly induce Mexico to impose further re- initiatives are continuing disability re- tory tax at the World Trade Organiza- strictions on our exports of high fruc- views and supplemental security in- tion. In 2006, the appellate body deter- tose corn syrup. come redeterminations, Internal Rev- As a Senator from Iowa, as well as mined that this tax was inconsistent enue Service tax enforcement, health the ranking member of the Senate Fi- with Mexico’s obligations under the care fraud and abuse control, and un- WTO. nance Committee and a member of the employment insurance improper pay- Mexico complied with the WTO deci- Committee on Agriculture, I have ment reviews. sion earlier this year by repealing its worked hard over the years to get a On July 23, 2007, I revised both the discriminatory soda tax. fair deal for agriculture when it comes discretionary spending limits and the Now, after years of pressuring Mexico to international trade. allocation to the Senate Appropria- In particular, I have put considerable to drop its unfair barriers to our ex- tions Committee for discretionary effort into opening foreign markets to ports of high fructose syrup, we’re fi- budget authority and outlays to reflect nally at a good spot. our exports of agricultural products. Too often our trading partners have that the committee had reported legis- Mexico has eliminated both its anti- lation that met the conditions of 207(c) dumping duty order and its discrimina- imposed barriers to U.S. farm exports. And too often those barriers are in vio- for the four program integrity initia- tory tax. tives. The total amount of that adjust- We are on the verge of seeing high lation of international trade obliga- ment was an additional $1,042 million fructose corn syrup start to flow freely tions. in budget authority and $699 million in across our border. Those barriers harm American farm- Starting January 1, 2008, Mexico is ers and agricultural producers. outlays for fiscal year 2008. obligated to provide duty-free access to Whether it is unfair restrictions on The level of funding provided for our exports of high fructose corn syrup U.S. beef exports to Japan and Korea, each of the program integrity initia- under NAFTA. or under restrictions on U.S. corn ex- tives in H.R. 2764, the Consolidated Ap- That is why I am so concerned. This ports to Europe, it is imperative that propriations Act, 2008, however, is new language being contemplated for we focus our efforts to remove barriers lower than the levels mandated by sec- the farm bill could disrupt our legiti- to trade. tion 207(c). Consequently, I am revers- mate expectations of free trade in high With effort, we have been successful ing the adjustments made on July 23, fructose corn syrup next year. in getting our trading partners to re- 2007, to both the discretionary spending If instead of free trade we end up move such barriers. limits and the allocation to the Senate with managed trade, it could signifi- That is the case with Mexico’s treat- Appropriations Committee for discre- cantly impede our exports of high fruc- ment of high fructose corn syrup, as I tionary budget authority and outlays. tose corn syrup to Mexico. have described. I ask unanimous consent to have the Under a managed trade regime, we We can’t go backwards. would presumably limit the amount of Our corn farmers and our producers following revisions to S. Con. Res. 21 sugar that we import from Mexico. of high fructose corn syrup are count- printed in the RECORD. And in response, Mexico would pre- ing on us. There being no objection, the mate- sumably limit imports of high fructose I will be working hard to see that the rial was ordered to be printed in the corn syrup from the United States. current language on trade in sweet- RECORD, as follows: CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 207(c) TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE SENATE APPROPRIATIONS COMMITTEE AND THE SECTION 207(b) SENATE DISCRETIONARY SPENDING LIMITS

In Millions of Dollars Current Allocation/Limit Adjustment Revised Allocation/Limit

FY 2008 Discretionary Budget Authority ...... 954,095 ¥1,042 953,053 FY 2008 Outlays ...... 1,029,097 ¥699 1,028,398

CHANGES TO S. CON. RES. 21 Insurance Program, SCHIP. Section 301 riod of the total of fiscal years 2007 authorizes the revisions provided that through 2017. Mr. CONRAD. Mr. President, section certain conditions are met, including In addition, section 304(b)(2) of S. 301(a) of S. Con. Res. 21, the 2008 budget that such legislation maintains cov- Con. Res. 21 permits the chairman of resolution, permits the chairman of the erage for those currently enrolled in the Senate Budget Committee to revise Senate Budget Committee to revise the the allocations, aggregates, and other SCHIP and that it not worsen the def- allocations, aggregates, and other ap- appropriate levels for legislation that propriate levels for legislation that re- icit over the period of the total of fis- both increases the reimbursement rate authorizes the State Children’s Health cal years 2007 through 2012 or the pe- for physician services under section

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.065 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15894 CONGRESSIONAL RECORD — SENATE December 18, 2007 1848(d) of the Social Security Act and Concurrent Resolution on the Budget for Fiscal riod of the total of fiscal years 2007 includes financial incentives for physi- Year 2008—S. Con. Res. 21; Revisions to the through 2017. cians to improve the quality and effi- Conference Agreement Pursuant to Section I find that H.R. 2761, the Terrorism ciency of items and services furnished 301(a) Deficit-Neutral Reserve Fund for Risk Insurance Program Reauthoriza- SCHIP Legislation, Section 304(b)(2) Deficit- to Medicare beneficiaries through the Neutral Reserve Fund, for Physician Pay- tion Act of 2007, which cleared the use of consensus-based quality meas- ments, Section 320(a) Deficit-Neutral Reserve House of Representatives today, satis- ures. Section 304(b)(2) authorizes the Fund for Delay of Rule, and Section 320(c) fies the conditions of the deficit-neu- revisions provided that such legislation Deficit-Neutral Reserve Fund for Transitional tral reserve fund for terrorism risk in- not worsen the deficit over the period Medical Assistance—Continued surance reauthorization. Therefore, of the total of fiscal years 2007 through FY 2008 ...... 2,025.853 pursuant to section 310, I am adjusting 2012 or the period of the total of fiscal FY 2009 ...... 2,121.872 the aggregates in the 2008 budget reso- years 2007 through 2017. FY 2010 ...... 2,175.881 lution, as well as the allocation pro- Further, section 320(a) of S. Con. Res. FY 2011 ...... 2,357.045 vided to the Senate Banking, Housing, 21 permits the chairman of the Senate FY 2012 ...... 2,499.046 and Urban Affairs Committee. Budget Committee to revise the alloca- (1)(B) Change in Federal Reve- I ask unanimous consent that the fol- nues: tions, aggregates, and other appro- FY 2007 ...... ¥4.366 lowing revisions to S. Con. Res. 21 be priate levels for legislation that pro- FY 2008 ...... ¥24.943 printed in the RECORD. vides for a delay in the implementation FY 2009 ...... 14.946 There being no objection, the matria1 of the proposed rule published on Janu- FY 2010 ...... 12.160 was ordered to be printed in the ary 18, 2007, on pages 2236 through 2248 FY 2011 ...... ¥37.505 RECORD, as follows: of volume 72, Federal Register, or any FY 2012 ...... ¥98.050 (2) New Budget Authority: Concurrent Resolution on the Budget for Fiscal other rule that would affect the Med- Year 2008—S. Con. Res. 21; Revisions to the icaid program or SCHIP in a similar FY 2007 ...... 2,371.470 FY 2008 ...... 2,512.349 Conference Agreement Pursuant to Section 310 manner, or place restrictions on cov- FY 2009 ...... 2,526.893 Deficit-neutral Reserve Fund for Terrorism erage of or payment for graduate med- FY 2010 ...... 2,580.802 Risk Insurance Reauthorization ical education, rehabilitation services, FY 2011 ...... 2,695.912 [In billions of dollars] or school-based administration, trans- FY 2012 ...... 2,735.561 Section 101 portation, or medical services under (3) Budget Outlays: (1)(A) Federal Revenues: title XIX of the Social Security Act. FY 2007 ...... 2,294.862 FY 2007 ...... 1,900.340 The adjustment is contingent on such FY 2008 ...... 2,476.144 FY 2008 ...... 2,025.853 legislation not worsening the deficit FY 2009 ...... 2,573.701 FY 2009 ...... 2,122.272 FY 2010 ...... 2,608.687 over the period of the total of fiscal FY 2010 ...... 2,176.581 FY 2011 ...... 2,701.268 FY 2011 ...... 2,357.845 years 2007 through 2012 or the period of FY 2012 ...... 2,714.335 FY 2012 ...... 2,500.246 the total of fiscal years 2007 through (1)(B) Change in Federal Reve- 2017. Concurrent Resolution on the Budget for Fiscal nues: Finally, section 320(c) of S. Con. Res. Year 2008—S. Con. Res. 21; Revisions to the FY 2007 ...... ¥4.366 21 permits the chairman of the Senate Conference Agreement Pursuant to Section FY 2008 ...... ¥24.943 301(a) Deficit-Neutral Reserve Fund for FY 2009 ...... 15.346 Budget Committee to revise the alloca- SCHIP Legislation, Section 304(b)(2) Deficit- tions, aggregates, and other appro- FY 2010 ...... 12.860 Neutral Reserve Fund for Physician Pay- FY 2011 ...... ¥36.705 priate levels for legislation that ex- ments, Section 320(a) Deficit-Neutral Reserve FY 2012 ...... ¥96.850 tends the Transitional Medical Assist- Fund for Delay of Rule, and Section 320(c) (2) New Budget Authority: ance program, provided that such legis- Deficit-Neutral Reserve Fund for Transitional FY 2007 ...... 2,371.470 lation not worsen the deficit over the Medical Assistance FY 2008 ...... 2,512.549 period of the total of fiscal years 2007 [In millions of dollars] FY 2009 ...... 2,527.393 through 2012 or the period of the total Current Allocation to Senate Fi- FY 2010 ...... 2,581.502 of fiscal years 2007 through 2017. nance Committee FY 2011 ...... 2,696.712 FY 2012 ...... 2,736.461 Mr. President, I find that the Medi- FY 2007 Budget Authority ...... 1,011,527 FY 2007 Outlays ...... 1,017,808 (3) Budget Outlays: care, Medicaid, and SCHIP Extension FY 2007 ...... 2,294.862 Act of 2007, which was introduced today FY 2008 Budget Authority ...... 1,088,237 FY 2008 Outlays ...... 1,082,300 FY 2008 ...... 2,476.344 by Senators BAUCUS and GRASSLEY, FY 2008–2012 Budget Authority 6,067,090 FY 2009 ...... 2,574.201 satisfies the conditions of the four def- FY 2008–2012 Outlays ...... 6,057,094 FY 2010 ...... 2,609.387 icit-neutral reserve funds mentioned Adjustments FY 2011 ...... 2,702.068 above. Therefore, pursuant to sections FY 2007 Budget Authority ...... 0 FY 2012 ...... 2,715.235 301(a), 304(b)(2), 320(a), and 320(c) of S. FY 2007 Outlays ...... 0 Concurrent Resolution on the Budget for Fiscal Con. Res. 21, I am adjusting the aggre- FY 2008 Budget Authority ...... 3,465 Year 2008—S. Con. Res. 21; Revisions to the gates in the 2008 budget resolution, as FY 2008 Outlays ...... 4,644 Conference Agreement Pursuant to Section 310 ¥ FY 2008–2012 Budget Authority 71 Deficit-neutral Reserve Fund for Terrorism well as the allocation provided to the ¥ FY 2008–2012 Outlays ...... 80 Risk Insurance Reauthorization Senate Finance Committee. Revised Allocation to Senate Fi- I ask unanimous consent that the fol- nance Committee [In millions of dollars] lowing revisions to S. Con. Res. 21 be FY 2007 Budget Authority ...... 1,011,527 Current Allocation to Senate printed in the RECORD. FY 2007 Outlays ...... 1,017,808 Banking, Housing, and Urban There being no objection, the mate- FY 2008 Budget Authority ...... 1,091,702 Affairs Committee rial was ordered to be printed in the FY 2008 Outlays ...... 1,086,944 FY 2007 Budget Authority ...... 11,641 FY 2007 Outlays ...... ¥1,788 RECORD, as follows: FY 2008–2012 Budget Authority 6,067,019 FY 2008–2012 Outlays ...... 6,057,014 FY 2008 Budget Authority ...... 13,296 FY 2008 Outlays ...... ¥1,878 Concurrent Resolution on the Budget for Fiscal f Year 2008—S. Con. Res. 21; Revisions to the FY 2008–2012 Budget Authority 64,093 ¥ Conference Agreement Pursuant to Section CHANGES TO S. CON. RES. 21 FY 2008–2012 Outlays ...... 18,543 301(a) Deficit-Neutral Reserve Fund for Adjustments Mr. CONRAD. Mr. President, section FY 2007 Budget Authority ...... 0 SCHIP Legislation, Section 304(b)(2) Deficit- 310 of S. Con. Res. 21, the 2008 budget Neutral Reserve Fund, for Physician Pay- FY 2007 Outlays ...... 0 ments, Section 320(a) Deficit-Neutral Reserve resolution, permits the chairman of the FY 2008 Budget Authority ...... 200 FY 2008 Outlays ...... 200 Fund for Delay of Rule, and Section 320(c) Senate Budget Committee to revise the FY 2008–2012 Budget Authority 3,100 Deficit-Neutral Reserve Fund for Transitional allocations, aggregates, and other lev- FY 2008–2012 Outlays ...... 3,100 Medical Assistance els for legislation that reauthorizes Revised Allocation to Senate [In billions of dollars] terrorism risk insurance, provided that Banking, Housing, and Urban Section 101 such legislation does not worsen the Affairs Committee (1)(A) Federal Revenues: deficit over the period of the total of FY 2007 Budget Authority ...... 11,641 FY 2007 ...... 1,900.340 fiscal years 2007 through 2012 or the pe- FY 2007 Outlays ...... ¥1,788

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0655 E:\CR\FM\G18DE6.086 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15895 Concurrent Resolution on the Budget for Fiscal can down the road and hoping the next NEW CENTURY FARM PROGRAMS Year 2008—S. Con. Res. 21; Revisions to the Congress will provide an answer to the Mr. HARKIN. Mr. President, I certify Conference Agreement Pursuant to Section 310 more than 40-million Medicare pa- that neither I nor any of my family Deficit-neutral Reserve Fund for Terrorism tients. But today, we can do our part Risk Insurance Reauthorization—Continued members have a pecuniary interest in by opposing a cut to the broken pay- the New Century Farm Programs for FY 2008 Budget Authority ...... 13,496 ment system that penalizes our doctors FY 2008 Outlays ...... ¥1,678 which I requested congressionally di- FY 2008–2012 Budget Authority 67,193 for treating Medicare patients. rected spending via floor action on FY 2008–2012 Outlays ...... ¥15,443 We owe it to the people who have Harkin amendment No. 3500, a sub- f worked so hard in life and need quality stitute to H.R. 2419. care now more than ever. We also owe f DOCTOR’S PAYMENT FIX it to the doctors who treat them on a Mr. MARTINEZ. Mr. President, I regular basis. NATIONAL DEFENSE wish to address the issue of what is I urge my colleagues to support fix- AUTHORIZATION ACT commonly referred to as the Medicare ing the reimbursement rate that so Mrs. MCCASKILL. Mr. President, ‘‘doctor fix.’’ Unless Congress acts, many doctors in my State—and around this chamber approved the fiscal year there will be a 10-percent reduction to the country—depend on, especially in 2008 National Defense Authorization Medicare reimbursement rates in the the face of rising medical costs and Act. I am particularly pleased with the coming year; putting good doctors fur- skyrocketing medical malpractice in- inclusion of an important provision ther at odds with Medicare payments surance premiums. contained in section 846 of the legisla- for their service. It is my understanding that we are tion to modernize the whistleblower This is a problem that not only af- very close to coming to agreement on a protections afforded to defense con- fects patients with Medicare but also doctor fix and that floor action could tractor employees. At a time when re- our military veterans, many of whom occur very soon. I am hopeful we will ports of fraud, waste, and abuse in de- rely on Medicare as their primary have the opportunity to approve that fense contracts are rampant, it is abso- health care provider. fix. We must act because our physi- lutely vital that we have in place the Delaying the issue will put our vet- cians and their patients are counting types of whistleblower protections for erans relying—on Tricare until the age on us. contractor employees that I will em- of 65 and Medicare after retirement—at And while I am pleased we are about power them in reporting such abuse increased risk of additional health to address the problem—let’s not make and therefore will protect those who problems if their ability to see a doctor the mistake of leaving it as a short- wish to protect American I taxpayer remains in question. term fix. The American people deserve dollars. If not addressed, millions of Ameri- a long-term solution. I look forward to I would like to thank Senator COL- cans could be denied immediate access coming back next year and working on LINS for working with me on this im- to treatment when they need it most. a permanent ‘‘doctor fix.’’ portant provision and further thank It would also put an even greater f Senators LEVIN and MCCAIN for their strain on doctors, who are already leadership and stewardship of this pro- RENEWABLE CONSUMER AND forced to be selective in determining vision through the Senate and con- ENERGY EFFICIENCY ACT which Medicare patients they can ference-considerations of the Defense treat. Mr. INOUYE. Mr. President, today, I Authorization Act. This is a choice no doctor should am pleased that the Congress is send- I come to the floor, however, to make have to make, and our seniors and doc- ing energy legislation to the President. one explanatory clarification as to the tors deserve better. We have the oppor- For too long, the United States has final language of this amendment be- tunity to act before we leave in the taken a back seat in the fight against cause I think it critical that the record coming days, and I urge my colleagues global warming. This bill is a good first be clear as to the intent of the Con- to consider the consequences that step in moving our Nation’s energy pol- gress. Last year in Garcetti v. Ceballos, would result from an additional cut to icy in the right direction. the Supreme Court canceled constitu- the program. Without the support of a number of tional protection for speech made with- In my home State of Florida, the di- Senators, this legislation, and title I in in the normal course of an employee’s lemma has reached a critical mass, particular, would not have been pos- execution of his or her job duties, spe- with an increasing number of doctors sible. I wish to extend particular cifically because those disclosures are leaving the program—refusing to con- thanks to Senators FEINSTEIN, STE- covered by other whistleblower stat- tinue treating a very vulnerable popu- VENS, LEVIN, SNOWE, KERRY, DORGAN, utes. There should be absolutely no lation. All because the bureaucracy is LOTT, CARPER, BOXER, DURBIN, ALEX- confusion that the Congress believes too much and reimbursement is too ANDER, CORKER, and CANTWELL for their that the logic and holding of Garcetti low. work in increasing automobile fuel is inapplicable to the defense con- These are doctors that play impor- economy standards. tractor whistleblower protection stat- tant roles in treating seniors in their In addition, the tireless efforts of ute, 10 U.S.C. 2409, as amended by sec- communities. These are doctors like groups dedicated to conservation and tion 846 of this act. Dr. Troy Tippett, a neurosurgeon in improving national security were vital Disclosures taken to carry out job re- Pensacola, who is often faced with the to enacting this legislation. Of special sponsibilities, within the normal choice of continuing to treat Medicare note is the support of a nonpartisan course of an employee’s duties, are pro- patients at a loss or refuse them be- group of business executives and re- tected by this provision for three core cause of declining reimbursements tired senior military leaders concerned reasons. First, they are essential pre- from Medicare. about global energy security, known as liminary steps for a responsible disclo- Dr. Tippett was so worried about the Securing America’s Future Energy, sure to the government. Second, often threat of further cuts to the Medicare SAFE. I am grateful for the support they in fact are indirect disclosures to reimbursements he receives, he re- and hard work of its leaders, Frederick Government inspectors, auditors, and cently called to let me know the detri- W. Smith and General P.X. Kelley, as investigators who must study associ- mental impact the declining reim- well as Robbie Diamond, who served as ated internal corporate records to en- bursement rate would have on his abil- their liaison. The Union of Concerned gage in informed oversight. Third, the ity to continue treating Medicare pa- Scientists—David Friedman in par- purpose of whistleblower statutes is to tients. ticular—provided significant technical reduce waste. But waste would be I hope for the sake of good doctors support and advocacy for the Ten-in- maximized if employees had to avoid like Dr. Tippett we can develop a com- Ten Fuel Economy Act. their own organizations and go prehensive, long-term solution that The White House says that the Presi- straight to the Government in order to fixes this problem once and for all. dent will sign the bill tomorrow. I avoid waiving their whistleblower This is a problem, I believe, that we thank him for taking swift action on rights. The law’s goal is maximized by must fix soon, rather than kicking the this landmark legislation. employees being empowered to safely

VerDate Aug 31 2005 08:33 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.062 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15896 CONGRESSIONAL RECORD — SENATE December 18, 2007 work within their employment struc- The Frank bill is unacceptable to the night, and the amount wagered cannot ex- ture, as a first step, so contractors can State attorneys general and it ought to ceed $100 per day and the participants must clean their own houses. Any reading be unacceptable to Members of Con- be 21 or older, the federal law might never- that would exclude disclosures within gress as well. I urge my colleagues to theless allow 18-year-olds in that State to an employee’s internal chain or com- oppose the Frank bill or any similar wager much larger amounts on poker around the clock. mand would simply be an illogical, ex- proposals that would create a permis- ceedingly narrow reading of the stat- sive Federal licensing scheme for Inter- Furthermore, the opt-outs may prove illu- ute. Congress fully intends the em- net gambling. sory. They will likely be challenged before the World Trade Organization. The World ployee protections, as amended, to be I ask unanimous consent to have Trade Organization has already shown itself printed in the RECORD the letter from interpreted to include disclosures with- to be hostile to U.S. restrictions on Internet in the employee’s company. the National Association of Attorneys gambling. If it strikes down state opt-outs as I thank my fellow Senators for join- General. unduly restrictive of trade, the way will be ing Senator COLLINS and me in our ef- There being no objection, the mate- open to the greatest expansion of legalized forts to protect whistleblowers and rial was ordered to be printed in the gambling in American history and near total provide greater contractor account- RECORD, as follows: preemption of State laws restricting Inter- ability and oversight. NATIONAL ASSOCIATION OF net gambling. ATTORNEYS GENERAL, f H.R. 2046 effectively nationalizes America’s Washington, DC, November 30, 2007. gambling laws on the Internet, ‘‘harmo- LOOP FUNDING Hon. NANCY PELOSI, nizing’’ the law for the benefit of foreign Speaker, gambling operations that were defying our Ms. MIKULSKI. Mr. President, as House of Representatives. chairwoman of the Appropriations Sub- laws for years, at least until UIGEA was en- Hon. HARRY REID, acted. We therefore oppose this proposal, and committee on Commerce, Justice, Majority Leader, any other proposal that hinders the right of Science, and related agencies, I rise U.S. Senate. States to prohibit or regulate gambling by today to clarify for the U.S. Senate the Hon. JOHN BOEHNER, their residents. sponsorship of a congressionally des- Minority Leader, Sincerely, ignated project included in the Joint House of Representatives. John Suthers, Attorney General of Colo- Explanatory Statement to accompany Hon. MITCH MCCONNELL, rado; Bill McCollum, Attorney General Minority Leader, U.S. Senate. of Florida; Douglas Gansler, Attorney the consolidated appropriations TO THE LEADERSHIP OF THE U.S. HOUSE OF amendment to H.R. 2764. Specifically: General of Maryland; Troy King, Attor- REPRESENTATIVES AND SENATE: ney General of Alabama; Talis J. We, the Attorneys General of our respec- Senator LEVIN should be listed as hav- Colberg, Attorney General of Alaska; tive States, have grave concerns about H.R. ing requested funding for city of Grand Terry Goddard, Attorney General of 2046, the ‘‘Internet Gambling Regulation and Rapids, MI, for LOOP funded through Arizona; Dustin McDaniel, Attorney Enforcement Act of 2007.’’ We believe that the Department of Justice. General of Arkansas; Edmund G. the bill would undermine States’ traditional Brown, Jr., Attorney General of Cali- f powers to make and enforce their own gam- fornia; Richard Blumenthal, Attorney bling laws. INTERNET GAMBLING On March 21, 2006, 49 NAAG members wrote General of Connecticut; Joseph R. Mr. KYL. Mr. President, I would like to the leadership of Congress: (Beau) Biden III, Attorney General of Delaware; Linda Singer, Attorney Gen- my colleagues to be aware of an impor- ‘‘We encourage the United States Congress to help combat the skirting of state gam- eral of District of Columbia; Thurbert tant letter signed by 45 State attorneys E. Baker, Attorney General of Georgia; general expressing ‘‘grave concerns’’ bling regulations by enacting legislation which would address Internet gambling, Alicia G. Limtiaco, Attorney General about Representative BARNEY FRANK’s while at the same time ensuring that the au- of Guam; Mark J. Bennett, Attorney Internet Gambling Regulation and En- thority to set overall gambling regulations General of Hawaii; Lawrence Wasden, forcement Act, H.R. 2046. and policy remains where it has tradition- Attorney General of Idaho; Lisa Mad- The State attorneys general note ally been most effective: at the state level.’’ igan, Attorney General of Illinois; Ste- that the recently enacted Unlawful Congress responded by enacting the Unlaw- phen Carter, Attorney General of Indi- ful Internet Gambling Enforcement Act of ana ; Paul Morrison, Attorney General Internet Gambling Enforcement Act of of Kansas; Charles C. Foti, Jr., Attor- 2006 has ‘‘effectively driven many il- 2006 (UIGEA), which has effectively driven many illicit gambling operators from the ney General of Louisiana; G. Steven licit gambling operators from the American marketplace. Rowe, Attorney General of Maine; Lori American marketplace.’’ The Frank But now, less than a year later, H.R. 2046 Swanson, Attorney General of Min- bill ‘‘proposes to do the opposite, by re- proposes to do the opposite, by replacing nesota; Jim Hood, Attorney General of placing state regulations with a federal state regulations with a federal licensing Mississippi; Jeremiah W. (Jay) Nixon, licensing program that would permit program that would permit Internet gam- Attorney General of Missouri; Mike Internet gambling companies to do bling companies to do business with U.S. McGrath, Attorney General of Mon- tana; Kelly A. Ayotte, Attorney Gen- business with U.S. customers.’’ The let- customers. The Department of the Treasury would alone decide who would receive federal eral of New Hampshire; Anne Milgram, ter continues: licenses and whether the licensees were com- Attorney General of New Jersey; Gary A federal license would supersede any state plying with their terms. This would rep- King, Attorney General of New Mexico; enforcement action, because § 5387 in H.R. resent the first time in history that the fed- Roy Cooper, Attorney General of North 2046 would grant an affirmative defense eral government would be responsible for Carolina; Wayne Stenehjem, Attorney against any prosecution or enforcement ac- issuing gambling licenses. General of North Dakota; Marc Dann, tion under any Federal or State law to any A federal license would supersede any state Attorney General of Ohio; W.A. Drew person who possesses a valid license and enforcement action, because § 5387 in H.R. Edmondson, Attorney General of Okla- complies with the requirements of H.R. 2046. 2046 would grant an affirmative defense homa; Hardy Myers, Attorney General This divestment of state gambling enforce- against any prosecution or enforcement ac- of Oregon; Tom Corbett, Attorney Gen- ment power is sweeping and unprecedented. tion under any Federal or State law to any eral of Pennsylvania; Patrick C. One final but very important point person who possesses a valid license and Lynch, Attorney General of Rhode Is- from the letter is the impact of the so- complies with the requirements of H.R. 2046. land; Henry McMaster, Attorney Gen- eral of South Carolina; Larry Long, At- called ‘‘opt-out’’ provisions. Specifi- This divestment of state gambling enforcement power is sweeping and unprecedented. torney General of South Dakota; Rob- cally, the letter reads: The bill would legalize Internet gambling ert E. Cooper, Jr., Attorney General of [T]he opt-outs may prove illusory. They in each State, unless the Governor clearly Tennessee; Greg Abbott, Attorney Gen- will likely be challenged before the World specifies existing state restrictions barring eral of Texas; Mark Shurtleff, Attorney Trade Organization. The World Trade Orga- Internet gambling in whole or in part. On General of Utah; William H. Sorrell, nization has already shown itself to be hos- that basis, a State may ‘‘opt out’’ of legal- Attorney General of Vermont; Robert tile to U.S. restrictions on Internet gam- ization for all Internet gambling or certain McDonnell, Attorney General of Vir- bling. If it strikes down state opt-outs as un- types of gambling. However, the opt-out for ginia; Rob McKenna, Attorney General duly restrictive of trade, the way will be types of gambling does not clearly preserve of Washington; Darrell V. McGraw, Jr., open to the greatest expansion of legalized the right of States to place conditions on Attorney General of West Virginia; gambling in American history and near total legal types of gambling. Thus, for example, if J.B. Van Hollen, Attorney General of preemption of State laws restricting Inter- the State permits poker in licensed card Wisconsin; Bruce A. Salzburg, Attor- net gambling. rooms, but only between 10 a.m. and mid- ney General of Wyoming.

VerDate Aug 31 2005 07:20 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.072 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15897 FARM BILL providing payments to farmers when efforts to find a way for meat from Mr. FEINGOLD. Mr. President, I times are tough. Milk prices are higher small and often specialty State-in- thank Senators HARKIN and CHAMBLISS now than they have been in years; con- spected meat processors to be sold for their tireless work on this impor- sequently, no MILC payments have across State lines so that consumers tant bill. I know that both worked dili- been made since February of this year. nationwide can enjoy these high qual- gently on this legislation, and that, Further, the MILC program caps the ity Wisconsin products. The underlying like all of us, they have the best inter- amount of payments one farmer can re- bill contains a compromise that ap- ests of America’s farmers, ranchers, ceive, ensuring that it helps small and pears to strike a fair balance on this rural and urban communities at heart. medium farmers survive tough times issue, and this is a significant benefit I would also like to thank the com- without subsidizing expansion of larger to Wisconsin’s local livestock pro- mittee staff for the assistance and sup- farms. The improvements to this producers and processors. I was also glad port they have provided to me and my gram are vital to farmers in Wisconsin. that the underlying bill will finally staff throughout the farm bill process. The bill also makes significant im- allow a country-of-origin labeling re- While I am disappointed at the lack of provements to existing nutrition and quirement for meat and produce to be reform in the commodity programs, conservation programs. While there is enforced. the bill does make significant improve- room for more improvement in both of In addition to the Agriculture Com- ments in a number of other programs. these areas, I know the committee mittee’s portion of the bill, the Fi- The committee bill included a num- worked hard to provide additional nance Committee also made a signifi- ber of provisions I included in legisla- funds for these programs within a very cant contribution to the Senate’s legis- tion that I introduced earlier this year, tight budget. On the conservation side, lation. I was glad that my Farmer Tax the Rural Opportunities Act, to help the bill includes significant funding for Fairness Act was included in the fi- sustain and strengthen rural economies a number of programs, including the nance portion of the bill. This legisla- for the future, and create more oppor- Environmental Quality Incentives Pro- tion will update the optional ability for tunities in rural communities. I am gram, EQIP, the Conservation Security farmers and other self-employed indi- pleased that the committee included a Program, CSP, and the Conservation viduals to remain eligible for social se- number of provisions similar to my leg- Reserve Program, CRP. I know that curity and disability benefits that had islation to support local bioeconomies these and other programs are ex- been eroded by inflation. It also in- and food markets, encourage local re- tremely popular among Wisconsin dexes the program to inflation, so we newable fuels and biobased products, farmers and residents, and I am pleased are not in the same situation again expand broadband Internet service in that the committee worked to address sometime in the future. rural areas, and help develop the next some of the funding shortfall that ex- I would also like to thank the chair- generation of farmers, ranchers, and ists. man and ranking member for accepting land managers. The nutrition title of this bill makes several of my amendments into the The bill also includes several impor- significant investments in the Food managers’ package. First, in a continu- tant provisions to increase affordable Stamp Program. Perhaps most impor- ation of an effort I began with Senator broadband service in rural areas. Crit- tantly, the bill ends benefit erosion by Jeffords in 1998, I am pleased that the ical among the bill’s provisions is mak- indexing benefits to inflation. The bill committee accepted my amendment to ing sure that limited Federal resources also removes the cap on deductions for improve the authority of what we had are better targeted to actual rural childcare costs entirely, which had called the small farm advocate in pre- areas without broadband service. Sev- been set at $175 per month, though Wis- vious amendment. I am pleased to have eral reports have highlighted problems consin parents spend, on average, $780 continued this effort with Senator with the current program including per month on childcare. Lastly, the bill SANDERS and hope that this small of- funding projects in new suburban com- changes certain assets limits for the fice can continue to help America’s munities. Food Stamp Program, allowing recipi- small and beginning farmers. On a re- The bill also provides funding for the ents to save money for retirement or to lated note, I was glad to have an community food projects and other help send their children to college or amendment accepted that will ensure programs that promote local markets, other training. I know that improving that small farm research priority con- which help farmers and consumers by food stamps was a priority for Senator tinues to be an option even with the providing a direct connection between HARKIN, as it was for me and many of proposed restructuring of agricultural them. I know that the local food move- the other Members of this body. Other research. These small efforts can make ment is gaining more and more mo- important programs see an increase in a tremendous difference for our small mentum, and I hope that these provi- this bill, including the Emergency farmers. sions in the bill will help expand this Food Assistance Program, grants to As many of my colleagues know, I wonderful opportunity to even more promote use of food stamp EBT cards have long been advocating for reform communities across the country. There at farmers markets, the Fresh Fruit of the Federal milk marketing order is also a clarification included in the and Vegetable Pilot Program, and the system. To that end, I was pleased that bill that I first proposed in 2006 to help Senior Farmers Market Program. the chairman provided for a commis- ensure that schools can use local pref- I was also extremely pleased to see sion to examine dairy marketing or- erence when purchasing food for meals the addition of a new livestock title in ders in his draft of the bill and hope and snacks. The bill also makes an in- the bill to promote competition and that this commission takes a close vestment in advanced biofuels, as well fair practices in agriculture. As many look at the antiquated rules that pro- as language from a bill I cosponsored of my colleagues know, most areas of vide dairy farmers at a competitive to provide local residents an oppor- agriculture present different chal- disadvantage in the upper Midwest. I tunity to invest in biorefineries located lenges, and often these situations are was also glad to have an amendment in their communities. not fully analogous to other busi- accepted to make a small modification Mr. President, I am extremely nesses. I am glad the committee took to ensure the commission is balanced pleased that the bill makes improve- this step to address the unique prob- to better consider the interests of dairy ments to the Milk Income Loss Con- lems of agriculture. I am especially farmers and ensuring fair competition. tract—MILC—program. Along with glad that a provision I authored with Ensuring transparency and fair com- several of my colleagues, including Senator GRASSLEY to prevent manda- petition in the dairy industry has also Senator KOHL, I have called for the tory arbitration clauses in agricultural been a continuing effort throughout MILC program’s reimbursement rate to contracts was included in the bill. my Senate career. Over the past year, be raised to its original 45 percent, In addition to the improved competi- a couple developments showed a need which will happen in 2009 under this tion protections that will benefit live- for further action in this area. First, legislation. The MILC program is an stock producers, the underlying bill the GAO report on cash cheese trading important safety net for Wisconsin’s contains two other provisions that are that I requested with several of my col- dairy farmers, and one that operates in also especially beneficial. I was glad to leagues confirmed that the market re- a responsible way—only kicking in and support Senator KOHL’s longstanding mains prone to manipulation even

VerDate Aug 31 2005 07:20 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.047 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15898 CONGRESSIONAL RECORD — SENATE December 18, 2007 though there have been some improve- tunity Act and am very pleased that make a progressive cut to direct payments. Secondly, a sustained nonfat several key elements supporting local ments and redirect the savings to ben- dry milk price reporting error that bioenergy were included in the farm efit farmers and rural America with lasted over a year was found to have bill. One amendment I got accepted en- my colleague Senator MENENDEZ. Our cost dairy farmers millions in reduced courages the USDA’s continued sup- amendment would have addressed the prices. I was glad to have an amend- port for and the expansion of regional most serious problems with direct payment accepted that would require reg- bioeconomy consortiums, which can ments. Direct payments are particu- ular auditing of the dairy price report- consist of land grant universities and larly problematic because they are ing and require the USDA to better co- State agriculture agencies dedicated to based on a history of crop growing, re- ordinate oversight of the dairy indus- researching and promoting sustainable gardless of what is currently being try both within the Department and and locally supported bioenergy. I was grown or even whether the land is with other Federal agencies. I hope also pleased to work with Senator being farmed at all. Nor are they tied that this added diligence and trans- COLEMAN on another ‘‘rural oppor- to need, crop prices, or weather condi- parency can help give dairy farmers tunity’’ provision, which is based on tions. When prices are low, they are in- added confidence in the system. our legislation, S. 1813, to provide local sufficient; when prices are high, like With this year’s high profile case of residents an opportunity to invest in now, they are hard to justify. imported wheat gluten being adulter- biorefineries located in their commu- With many needs and very few new ated with melamine, it is important to nities. resources available for this farm bill assess the risks and make sure that Mr. President, my home State is reauthorization, we recognized the other high-protein products are safe. I home to many organic producers. I was need to keep the majority of the sav- am especially concerned that unsafe glad that the chairman and ranking ings in our farmers’ pockets and in our imports of dairy proteins such as milk member accepted an amendment I au- rural communities, but instead of protein concentrates and casein would thored expressing the sense of the Sen- going to the largest landowners, the have the potential to undercut con- ate that organic research at the Agri- money would have been refocused to sumer confidence in dairy products in cultural Research Service should get a meet many of the unmet needs in pro- general and severely damage our do- fair share of research funding a—share grams that help a broad number of mestic industry and producers. There- proportional to its share of the market. farmers. fore, I am glad that the committee ac- It is hard to believe, but when we Our amendment had the support of a cepted an amendment to require a re- passed the 2002 farm bill, organics were diverse group of organizations includ- port on all high-protein imports includ- a new, trendy, item. Today organics ac- ing the Wisconsin Farmers Union, the ing both gluten and dairy proteins to count for about 6 percent of food pur- New Jersey Conservation Foundation, make sure that we are taking the prop- chases in the U.S. the Sustainable Agriculture Coalition, er precautions and testing. While Wisconsin is perhaps more the Cornucopia Institute, the National Every year, I distribute a survey to widely known as a leader in milk and Rural Health Association, the Rural farmers at a booth at the Wisconsin cheese production, we also lead the Na- Coalition, and the National Conference Farm Technology Days and ask what tion in production of cranberries and of Catholic Bishops. their top challenges are. Even in this ginseng. I was glad to see a priority f farm bill year, the responses have over- competitive research area for cran- whelmingly indicated that health care berries in the underlying legislation. PATENT REFORM ACT is their top concern. I know that the Similarly, I was glad that my legisla- FURTHER IMPROVEMENTS farm bill cannot fix this problem com- tion with Senator KOHL and Represent- Mr. LEAHY. Mr. President, I would pletely and I have a proposal with Re- ative OBEY to require country-of-har- like to take a moment, along with the publican Senator LINDSEY GRAHAM to vest labeling for ginseng was accepted distinguished Senator from Utah, a move forward on the broader need for as an amendment. This is an important longstanding member of the Judiciary health care reform. But in the mean- step to help combat mislabeling of for- Committee and a consistent partner of time, farmers need help meeting their eign ginseng as U.S. or Wisconsin mine on intellectual property issues, to health care needs. grown, which receives a premium price discuss S. 1145, the Patent Reform Act I have no doubt that many of my col- for its higher quality. of 2007. leagues hear from farmers and their While there were many positives in Mr. HATCH. I would be happy to dis- families regularly about the particular this legislation, these accomplish- cuss this important issue with my good challenges they face in finding and af- ments are bittersweet for me as the friend from Vermont. fording health care. More and more, Senate missed an important oppor- Mr. LEAHY. First, I want to express one member of a farming family is es- tunity for meaningful targeted reform my appreciation for my colleague’s ef- sentially forced to work off-farm just of the farm support programs. I was forts in working to ensure that our pat- to be eligible for a health care plan. I deeply disappointed that several ent laws are modernized. We first co- cannot tell you how many times my amendments to make the commodity sponsored patent reform last Congress. staff and I have heard from a farmer’s support programs more balanced to We again jointly introduced com- spouse about how much they would better target family farms and not con- prehensive patent reform this Congress like to be spending their days working centrate payments in larger corporate- in the form of S. 1145 in April of this on the farm, with their family, but in- scale operations were unsuccessful. year. Both bills had their foundations stead go into town to work as a teacher While I cosponsored or supported sev- in numerous hearings with the testi- or at a bank just for the health care. I eral reform amendments, I was espe- mony of dozens of witnesses and in in- look forward to the results of a study cially disappointed that despite the numerable meetings with the myriad of that was cosponsored by Senator HAR- support of a majority of Senators, the interested participants in the patent KIN and was also accepted into the Dorgan-Grassley payment limit and system. The message we heard repeat- managers’ package on the challenges Klobuchar adjusted gross income edly was of the urgent need to mod- farmers—and the rural areas they live amendments were defeated because ernize our patent laws. The leaders of in—face in obtaining health care. I they could not reach a 60-vote thresh- the House Judiciary Committee also hope that this body can work in the fu- old. There is no good reason why large, heeded that call to legislate, and work- ture to alleviate this problem faced by wealthy corporate farms, nonfarmers ing with them, we introduced identical, so many hard-working American farm- and even estates of dead people receive bipartisan bills. H.R. 1908 was intro- ers. hundreds of thousands of dollars per duced the very same day that we intro- I also believe that as we look to ex- year from taxpayers. The result on duced the Senate bill. pand our Nation’s renewable energy Dorgan-Grassley was particularly trou- In July, after several extensive and and lessen our dependence on oil, we bling because we able to pass a similar substantive markup sessions, the Sen- need to provide opportunities for farm- provision in 2002. ate Judiciary Committee reported S. ers and rural communities. Earlier this I was also disappointed to be pre- 1145 favorably and on a clear and year, I introduced the Rural Oppor- vented from offering an amendment to strong bipartisan vote. In the course of

VerDate Aug 31 2005 07:20 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.048 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15899 our committee deliberations, a great be considered to key provisions of the HONORING REPRESENTATIVE many changes were made to improve bill, including damages, postgrant re- JULIA CARSON and perfect the bill. These improve- view, inequitable conduct defense, and Mr. BAYH. Mr. President, in remem- ments included changes on the key venue. brance of Congresswoman JULIA CAR- issues of enhancing patent quality, Let me just say a few words about SON, who died on December 15, 2007, I clarifying rules on infringement and the need to make further reforms to have printed in the RECORD a column compensation of inventors, and im- the inequitable conduct defense. I com- written by former Representative Andy proving the ability of the Patent and mend Senator LEAHY for working to de- Jacobs Jr. of Indiana. Trademark Office to do its job well. velop an effective solution to the prob- Mr. HATCH. I am proud to be a lead- lem of the inequitable conduct defense There being no objection, the mate- ing cosponsor of patent reform. The in- during committee deliberation in July. rial was ordered to be printed in the ventiveness of our citizens is the core No doubt he has done a good job in ini- RECORD as follows: strength of our economy. Our Founding tiating this process. We certainly share REMEMBERING CONGRESS’S JEWEL NAMED Fathers recognized the critically im- many perspectives on how to reform JULIA portant role of patents by mandating this area of the law, but I believe more ‘‘Look where he came from and look where in article 1, section 8, of the Constitu- must be done to change the use of this he went; and wasn’t he a kind of tough strug- tion that Congress was to enact a pat- defense as an unfair litigation tactic. gler all his life right up to the finish?’’ The ent law. The Congress has periodically I know some have opposed any mean- words are those of Carl Sandburg in praise of ingful changes in this area because of Abraham Lincoln. The same praise could and seen fit to update the law to ensure it should be said of our sister, the late Rep. meets the changing needs of both how it would affect the generic phar- Julia Carson (D–Ind.), who has passed beyond science and our economy. But the cur- maceutical industry. As a coauthor of the sound of our voices into the sunset of her rent law has not seen a major revision the Drug Price Competition and Patent temporal life and into a dawn of history. since 1952. Much has changed since Restoration Act, informally known as Where did she come from? Same place as then. The courts have struggled val- the Hatch-Waxman Act, I certainly un- Lincoln—Kentucky. And like him, she was iantly to interpret the law in ways that derstand the generic drug industry, but born both to physical poverty and spiritual make sense in light of change. but that S. 1145 is an innovator’s bill. Unless we wealth, and moved to Indiana. piecemeal process has left many areas promote and protect a structure that Another similarity: Julia also had an fosters a strong and vibrant environ- ‘‘angel mother,’’ Velma Porter, who put a lot unclear and some areas of the law out of physical, mental and spiritual nutrients of balance. So action by the Congress is ment for innovators, there will be into the little flowerpot of her only child. needed, and needed urgently. fewer and fewer drugs for the generics Fast-forward to a month after my first and Mr. LEAHY. I agree with my distin- to manufacture—and all, including pa- improbable election to Congress. I was told guished colleague that now is the time tients, will suffer. by mutual friends that at the Chrysler UAW to enact patent reform, and we are in Much like Senator LEAHY, my staff office, I could find a remarkable woman to good company in that belief. Our lead- and I have met with many interested join me as a co-worker in my Washington ership has committed to taking up S. stakeholders and individuals about Congressional office. Remarkable? Under- 1145 as early in the new year as pos- these provisions, and they have stated statement. Thus began my 47–year friendship sible, and we commend that commit- that further refinements to these four and, eventually, virtual sibling-ship with the already honorable Julia Carson, one of the ment. I fully recognize that when the key provisions would garner even most intelligent, ethical, industrious and bill was reported by the Judiciary greater support of S. 1145. I firmly be- compassionate people I have ever known. Committee, a number of members ex- lieve that compromise on each of these Check out her first Congressional brain- pressed a strong view that the bill provisions is achievable, and I know storm. It started a national trend. Why should be further perfected before it that my good friend from Vermont make constituents in need of Congressional comes to a vote on the floor of the Sen- would agree. assistance with bureaucratic problems travel ate. I made a commitment to the mem- Mr. LEAHY. Over the course of early all the way to D.C. to get it? Why not take bers of the Judiciary Committee at the January, I invite you and our col- that part of the office to them? So we adopt- markup that I would work closely with leagues to work with me to find viable ed her suggestion and did our ‘‘case work’’ in solutions. It is my intention to seek Indianapolis with Julia at the helm. It set an each of them, and other Members of example that has been followed by other the Senate, to make further improve- and hear the views of any and all par- Congressional offices all over the country ments in the bill. I reaffirm that com- ties and to include all interested staff ever since. OK, there was one other factor. mitment. and Senators. This will continue to be She had two little kids she preferred to rear Mr. HATCH. Thank you. I was among an open and deliberative process, with in Indianapolis, doing well by her kids by the members of the committee who ex- the goal of favorable Senate action as doing good for her country. pressed the view that while I believed early as the floor schedule permits. I Later, my refusal to bring home a particu- we were reporting a very sound bill, am committed to a strong and effective larly pernicious piece of political pork further improvements should be con- balanced bill. I know there are some earned me a severe gerrymander that, to- out there who would rather see us do gether with the Nixon landslide, ejected me sidered. I very much appreciate your from Congress. Nothing is all bad; the bene- willingness to work with me and other nothing and leave the systems now in ficiary of the gerrymander was my much-ad- Senators and very much appreciate place or merely codify current juris- mired friend, Bill Hudnut (R). That was the your commitment. prudence. I believe that following this year I had to talk Julia into running for the Mr. LEAHY. As you and I have dis- course would be shirking our responsi- state House of Representatives. She thought cussed, successful enactment of patent bility to ensuring the economic it would be disloyal to our friendship because reform requires the input of all Sen- strength of our country that is built on it would take her away from my campaign, ators. Over the past months, since the inventiveness. which was a campaign of futility that year. committee reported the bill, I have had Mr. HATCH. I agree with your inten- She was elected to the state House, where numerous meetings with both members tions and applaud your plan. I stand she served with distinction and, in time, she ready to work with you and each of our became a state Senator, again gaining and affected interests. I know you have friends and admirers on both sides of the too. My staff has had literally hun- colleagues. I also agree that this aisle. dreds of meetings and discussions should not become an excuse for fur- Still later, she became the Center Town- about this legislation. In the course of ther delay or for doing nothing. Unfor- ship trustee and produced real ‘‘welfare re- those meetings, it has become clear to tunately, some would like to play po- form,’’ not with ignorant histrionic speeches me that several issues are on the minds litical football with this bill to pursue and braggadocio, but with hard, quiet and of most people: ensuring compensation other agenda items. Make no mistake: meticulous work. It was reform that broke for infringement is fair and adequate; this bill is far too important and no poor child’s heart, nor sent such a child to clarifying rules on venue; and improv- should not fall prey to such partisan bed hungry. She not only ferreted out welfare cheats, but also sued them and got the ing the ability of parties to challenge tactics from either side. The Senate money back for the taxpayers. Her reform the validity of granted patents through has a tremendous opportunity and re- wiped out a long-standing multimillion-dol- administrative processes. sponsibility to further strengthen our lar debt, moving the then-Marion County Re- Mr. HATCH. I agree with my col- Nation’s competitiveness through publican auditor to say, ‘‘She wrestled the league, further improvements should meaningful patent reform. monster to the ground.’’

VerDate Aug 31 2005 07:20 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.073 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15900 CONGRESSIONAL RECORD — SENATE December 18, 2007 Julia was unique in that she was the only He was always supportive of rural ‘‘We were all the same. We were white human being ever to be named Woman of the Georgia and agribusiness, and he was male Democrats, mostly from rural Georgia. Year by The Indianapolis Star on two dif- part of a transformation of our state And then suddenly that all changed with the ferent occasions. into a State that has a significantly court rulings and the county unit system, re- It was common parlance to say, ‘‘Congress- apportionment and all of that. And it be- woman Carson’s people,’’ a reference to poor more diversified and stronger economic came a very, very volatile time to be in poli- black constituents. Rubbish. The 7th district base than ever before. tics. is about 70 percent nonblack and ‘‘her peo- One of our former colleagues, former And the fact that he could hold that House ple’’ were all the people of the 7th, regardless Senator and Governor, Zell Miller, one together like he did for so many years, it’s of physical or economic description. Million- of our greatest Governors, describes his really historic. aires can be treated unjustly by the federal working relationship with Tom as one ‘‘Loyalty is the most important ingredient government just as middle- and low-income that was tumultuous, but mutually in legislative politics and he enjoyed that citizens can. And wherever there was injus- beneficial. They worked together for from his House like no one ever has before or tice, this Lincoln-like lady was there to re- will again,’’ he said. dress it. Her political philosophy was a plank many years in the State legislature, Why? from the Sermon on the Mount: ‘‘Blessed are and it is no secret that the two often ‘‘They knew it was a two-way street; that they who thirst for justice.’’ dueled over many issues, but they al- he would look after them and he would be as There’s another one: ‘‘Blessed are the ways had Georgia’s best interest in loyal to them as they were to him. He, of peacemakers.’’ She cast our vote against the mind. Zell has stated, ‘‘If there had not course, very wisely would place people in conspicuously unconstitutional resolution been a Tom Murphy, I guess I would various positions which would be of benefit that gave the Cheney gang a fig leaf to order have created one, and if there had not to him later . . . Next to his real family, the House was his family.’’ our innocent military to the fraudulent and been a Zell Miller, I guess he would internationally illegal blood-soaked blunder ‘‘The night I was elected (November, 1990), in Iraq. have had to create one. Because that’s he was one of the first to come up to where Julia called me just before she cast that the way we rallied our troops.’’ Both we were, and I appreciated that. The next vote and said that, in view of the dishonesty, recognized that they could not survive day, I went up to the third floor, sat down panic and jingoism of the moment, she ex- without the other. and told him I might could get elected with- pected to lose the next election. ‘‘Courage,’’ There being no objection, the mate- out him, but I sure couldn’t govern without my mother said, ‘‘is fear that has said its rial was ordered to be printed in the him. That was the truth. ‘‘We worked together and fought together prayers.’’ RECORD, as follows: Our Julia, who art in Heaven. for so many years, it’s hard to believe what Mr. President, I ask unanimous con- a long period of time it really was. I give him f sent to have printed in the RECORD a lot of credit for the fiscal soundness of the TRIBUTE TO FORMER GEORGIA Zell’s interview. sound and bringing along rural legislators on HOUSE LEADER TOM MURPHY Tom’s integrity and fairness were his things like the World Congress Center, which trademarks, and he will always be re- was not an easy job. So many things. It’s a Mr. CHAMBLISS. Mr. President, I membered for his longstanding com- shame he didn’t get that reservoir, which want to associate the following commitment to Georgia values. was looked upon as sort of pork at the time. ments with my distinguished colleague When we depart from this world, we It would have helped today if we had had it.’’ and friend, Senator ISAKSON, to honor all hope to leave it a better place. Tom For both men and for the state, that re- the late former Georgia House Leader markable period of time was quite a ride. ‘‘I Murphy left Georgia better than he feel very, very fortunate to have been part of Tom Murphy, who passed away last found it. it,’’ he said. night. ‘‘HE WAS A ONE-OF-A-KIND’’ INDIVIDUAL f Tom, known by his friends as Speak- (By Dick Pettys) er and others as ‘‘Mr. Speaker,’’ was Make no mistake: there was real respect COMMENDING CINDY CHANG once the longest serving State House and, yes, even affection between Tom Mur- Mr. GREGG. Mr. President, I want to speaker in the nation, serving Georgia phy and Zell Miller, though you would never take a moment to recognize the hard from 1974 to 2002. In describing the have known it from the way Murphy intro- work of Ms. Cindy Chang, Senior Ad- life’s work of Tom Murphy, one of our duced Miller on occasion as the ‘‘extin- viser for Budget and Appropriations at veteran reporters in Atlanta quoted an guished’’ lieutenant governor, or the way the State Department’s Bureau of Leg- old 1960’s western film and wrote, Miller referred to Murphy’s House as the ‘‘mausoleum’’ for his legislative initiatives. islative Affairs. ‘‘When the legend becomes fact, print Murphy, who died Monday, and Miller Cindy has worked closely with the the legend.’’ The reporter goes on to came to the Georgia Legislature in the same State, Foreign Operations, and Related say, ‘‘There will be no such confusion year—1961—and their careers were forever Programs Appropriations Sub- over Tom Murphy, the tough-talking entangled after Murphy became Speaker and committee for the past several years master politician whose gruff exterior Miller became lieutenant governor and later and has been an invaluable asset to the concealed a heart that ached for the governor. Congress. Cindy understands the appro- ‘‘I’ve often thought this as I looked back poor and helpless and in the Speaker’s priations and budget processes. She un- case, they were one and the same.’’ on (our) careers—we worked off each other to benefit what we were trying to get done,’’ derstands foreign policy, whether the He was a true champion for our great Miller said in a telephone interview Tuesday. complexities associated with the Mid- State, and all Georgians, from Rabun ‘‘If there had not been a Tom Murphy, I dle East or the nuances of Southeast Gap to Tybee Light, will reap the bene- guess I would have created one, and if there Asia. Cindy is also extremely respon- fits of Tom’s work legacy for genera- had not been a Zell Miller, I guess he would sive to the subcommittee’s many and tions to come. have had to create one. Because that’s the frequent requests for information. During the time Tom served our way we rallied our troops.’’ Secretary of State Condoleezza Rice State, Georgia became one of the lead- At such times, it often took a wom- should understand that in the opinion ing States to attract international an’s touch to keep them from doing of the Appropriations Committee, business, our ports were expanded, the each other a bodily harm, and Shirley Cindy Chang is among the brightest Quick Start program was created and Miller filled that role, Murphy used to stars at the State Department. As the expanded to help companies train new say. year draws to a close, my staff joins me workers, and teachers salaries were There was sadness in Miller’s voice as he spoke of Murphy’s legacy. in recognizing and thanking Cindy for given higher priority. ‘‘He was a one-of-a-kind individual, and for her outstanding support of the sub- The expressway system in Georgia four decades whatever happened in Georgia, committee in 2007. was completed during his tenure, and if he was right in the middle of it,’’ Miller said. f you live in the vicinity of Atlanta, you ‘‘We will never see, I don’t think, ever again have Tom to thank for the widening of one Georgia leader have the power that he SPECIAL THANKS TO WALLY the connector in Atlanta; additional had for as many years as he had it. It’s really RUSTAD runways at Hartsfield-Jackson Inter- remarkable and I don’t think the way poli- Mr. CONRAD. Mr. President, today I tics is today that you’ll ever see that again.’’ national Airport; and the World Con- Miller, who taught college history at an want to pay tribute to an outstanding gress Center that was built and ex- earlier point in his career, said Murphy came friend and advisor, Wally Rustad, who panded to allow Georgia to compete for along at an historic time in the state’s his- will be concluding his time as chief of conventions and trade shows. tory. staff on January 10, 2008.

VerDate Aug 31 2005 07:20 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.076 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15901 In July 2007, when my longtime chief floor. I told you I would really like to stand valiant effort that this decision was fi- of staff announced his intention to re- and talk in front of the Senate. nally overturned. I also thank Con- tire, Wally agreed to come out of re- I am part of the great generation of people gressmen JIM MCDERMOTT and DUNCAN who lived, worked, and died for this country. tirement to serve as interim chief of HUNTER for putting vital pressure on I often wonder to myself where we as a soci- staff during the transition period. ety let our country go so wrong. We are not the Army to review the 1944 decision. Wally was no stranger to my office. safe in our own country. I am not afraid of While it has taken far too long, 63 Following a long career working for terrorists from other countries; I have great- years later, justice has finally been re- the National Rural Electric Coopera- er fear from my own government. I would stored to Booker Townsell and his fam- tives, he served as my state liaison for like to list a few examples. ily. First, congressional personnel do not live 6 years. In fact, Wally and I have a his- f tory of working together that spans their lives as the working average middle back over 40 years when I was an intern class nor our lower class society. They think HONORING DENIS O’DONOVAN of us as uneducated. They may be right since in the office of Congressman Rolland we placed our trust in their hands and be- Mr. KENNEDY. Mr. President, I ask Redlin and he was serving as the young lieved they would do the job right. I question unanimous consent that the following chief of staff for the Congressman. too what has happened to the oath of office resolution from the HELP Committee Wally and I have been working to- they took as a serious promise to us and to be printed in the RECORD. gether in one form or another ever God. The majority of Congress lacks integ- There being no objection, the mate- since. rity and humility. They are definitely not rial was ordered to be printed in the role models for our society. I know our coun- Wally came on board as my interim RECORD, as follows. chief of staff and immediately provided try’s business can be conducted better. I have no special interest groups to benefit by Resolution commending Denis O’Donovan the steady leadership that is crucial my vote. with deepest sincerity for his dedicated and during times of change. During his ten- Second, I have a problem concerning social skillful work to improve the health and well- ure in my office, Wally has done an security and how the word entitlements is being of the American people. outstanding job of seeing my staff used. It makes me feel like they are giving Whereas Denis O’Donovan has served with through personnel changes and legisla- me personally a handout. The social security distinction and skill for 10 years as Chief Clerk of the Committee on Health, Edu- tive challenges, and has provided me trust fund is completely funded by the citizens of the United States through payroll cation, Labor and Pensions of the Senate; the steady advice of a seasoned vet- Whereas Denis O’Donovan exemplifies the eran. His work has been outstanding. tax deductions and collected by the Internal Revenue Service. I must add that they are best traditions of selfless public service, hav- Finally, and most importantly, Wally elected by citizens to manage these funds for ing devoted 40 years to improving the lives of Rustad is an outstanding person. He us and not to fund other programs. So, I feel all Americans through service to the Senate; has never forgotten the small-town val- the word of entitlements should have ref- Whereas Denis O’Donovan has met every ues he learned growing up Grenora, ND. erence to congressional perks, which are Member of the Committee and their staffs He has worked quietly and tirelessly completely funded by tax paying citizens. with cheerfulness and consideration; Whereas the faultless competence of Denis behind the scenes to make things hap- Finally, my third area of concern is the marriage of congressional members and cor- O’Donovan has enabled the Committee to pen and was always happy to divert function effectively under Chairmen of both credit to others. He has been tremen- porate business. I am not sure if it’s illegal, but I do know it’s unethical. This has caused parties; dously loyal, dedicated, and a pas- so much damage to my country. I have done Whereas Denis O’Donovan will begin a sionate advocate for the people of my the research on many programs such as the well-earned retirement next month; and State. He has never forgotten that he Bureau of Public Debt, Federal Accounting, Whereas Denis O’Donovan may be gone as is working for the American taxpayer. and the U.S. Office of Personnel Manage- of this date, but he will never be forgotten And he has been a good friend and a ment. by those who had the fortune to work with him: Now, therefore, be it mentor to others on staff. The answer to this whole problem is for all elected congressional members to gain a con- Resolved, That the Committee on Health, With extraordinary gratitude for his Education, Labor and Pensions of the Sen- time serving as my chief of staff, I wish science or to resign from office. Respectively, ate— Wally well as he returns home to his RICHARD H. MORGAN. (1) commends Denis O’Donovan with deep- lovely wife Marlys. I have been blessed est sincerity for his dedicated and skillful to have Wally as a trusted advisor and f work to improve the health and well-being of the American people; and confidante but most importantly he RESTORING JUSTICE FOR BOOKER has been a great friend. I wish him all (2) wishes Denis O’Donovan all happiness TOWNSELL and fulfillment in retirement. the best as he returns to retirement Mr. FEINGOLD. Mr. President, today and look forward to continuing our as- f I want to take a moment to recognize sociation for many years to come. a victory for the cause of justice, albeit RETIREMENT OF PATRICIA f one that is long overdue. In 1944, Book- KNIGHT CONSTITUENT VIEWS er Townsell, a private in the U.S. Mr. KENNEDY. Mr. President, I rise Mr. SPECTER. Mr. President, I ask Army, was convicted of a crime in an to acknowledge the retirement from unanimous consent that a letter from unfair and racially biased trial, 63 the Senate of a person of great skill Mr. Richard Morgan from Shavertown, years ago to this day. I join Booker and accomplishment, Patricia Knight. PA, be printed in the CONGRESSIONAL Townsell’s family in heralding the re- She will be greatly missed. RECORD. cent decision by the Army Board for Trish has devoted more than a quar- There being no objection, the mate- Correction of Military Records to over- ter century of her life to public service, rial was ordered to be printed in the turn this conviction and restore all the last nine years as chief of staff to RECORD, as follows: rights lost as a result of the convic- my good friend and colleague, Senator tion. Although Booker Townsell is no ORRIN HATCH. Her leadership on so DECEMBER 7, 2007. Re: Congressional members longer with us, and no ruling can many issues over that time has im- change the injustice that Booker proved the lives of millions of Ameri- Hon. ARLEN SPECTER, Hart Senate Office Building, Townsell suffered when he was wrongly cans in so many ways. Washington, DC. convicted by the Army in 1944, I am Over the years, Trish has brought her DEAR SENATOR SPECTER: My name is Rich- pleased to see that the Army is reject- skills and energy to bear on a range of ard H. Morgan. I reside at 145 Woodbine ing the original decision handed down important issues from energy policy to Road, Shavertown, PA. I am retired at 72 63 years ago. foreign policy and so much more. She years of age and a military veteran of the Despite the injustice he suffered, served in the Reagan administration U.S. Navy and U.S. Coast Guard. I have been Booker Townsell displayed tremendous and the first Bush administration as a a Republican since 21 years of age. strength, and went on to lead a full life key adviser on health legislation. She On November 20, 2007 at 11 a.m., you returned my phone call. During our conversa- in Wisconsin, including raising a won- has been an aide on the Appropriations tion I agreed to write a letter stating my derful family. I am glad to see the tre- Committee covering bills as vast as views of the job the Senate has done. You mendous weight of this conviction lift- funding for the Commerce Department agreed to read this letter on the Senate ed from his family. It is due to their and our foreign aid programs.

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.096 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15902 CONGRESSIONAL RECORD — SENATE December 18, 2007 In no area has her able hand been David at a farewell party for President Protest songs are an old tradition that more evident than health care. Before Bill Clinton, who was leaving office seems to be coming back now. People writing her appointment as chief of staff, Trish within 48 hours. As always, they were about government has been going on since served as chief health adviser to Sen- superb. the Middle Ages. . . . But to hear some jour- I have listened so many times to nalists tell it, this is like it’s never been ator HATCH. In that capacity, she was done before, and it’s outrageous! his lead staffer in the creation of the their music while traveling, at my If people don’t agree with us, they can hit Children’s Health Insurance Program home in Vermont, and in my office, the skip button. We are ticked off about which today provides health coverage and I thought my colleagues may ben- some things, but we also do some of it with to more than 6 million poor children. efit from the transcript of an interview humor. People seem to miss our humor. A She was a leader, too, in improving the Don Henley recently had with CNN. I lot. It seems to go (brushes side of his head ask unanimous consent that it be with his hand). work of the Food and Drug Administra- CNN. The Eagles have long been associated tion in enhancing the safety and effi- printed in the RECORD. with the country sound—only you brought cacy of prescription drugs and food. There being no objection, the mate- the rock element to it when you first ap- The Public Health Service is a stronger rial was ordered to be printed in the peared on the scene. agency because of Trish’s able work. RECORD, as follows: HENLEY. Yeah, yeah. Most of all, she has been a trusted NASHVILLE, TENNESSEE (CNN).—It may CNN. But your politics are different than a adviser and friend to so many of us. It have been 28 years since the last Eagles stu- lot of people in Nashville, who are more con- dio album—yes, ‘‘The Long Run’’ came out servative than I would say you are. was always clear where Trish stood on HENLEY. Yeah. Well, Nashville is changing. a question, and she always had clear in 1979—but, in terms of sales, it’s as if the famed band has never left. Nashville is not nearly as conservative as it reasons for her views. Everyone who The group’s new CD, the double-disc set used to be. worked with her respected her for her ‘‘Long Road Out of Eden,’’ debuted at No. 1 CNN. People just don’t talk about it, per- wisdom, judgment and determination on the Billboard album charts with more haps. to succeed. Her subtle humor and great than 700,000 copies sold in its first week. HENLEY. It’s just like you don’t talk about This—despite its being available only at religion and politics. This country was spirit got us through many very dif- founded on rebellion. We believe that we are ficult negotiations. Wal-Mart. That relationship with America’s biggest patriotic. We believe that everyone has the Trish, we love you and we will miss merchant has also raised eyebrows. Wal- right to speak out. In fact, we believe that you and wish you well in the next ad- Mart’s reputation does not seem to dovetail it’s unpatriotic not to speak out. venture. with the interests of the Eagles, particularly Lord knows, we’ve been criticized enough during our career. When we were younger, f the band’s Don Henley, an outspoken envi- ronmentalist. (adopts Bugs Bunny voice) it hurt our widdle TRIBUTE TO RETA LAFORD In a rare interview, Henley addressed those feewings. But now we have no feelings! We Mr. CRAPO. Mr. President, I am concerns, along with the idea of patriotism, had them removed. Surgically. This is probably the last Eagles album that we’ll ever proud to announce the recent appoint- the changing music business, and why ‘‘Long Road’’ may be the group’s last album. make. So we decided to just say whatever we ment of my legislative fellow for 2007, CNN’s Denise Quan spoke to Henley at the felt like saying. And let the chips fall where Ms. Reta LaFord, to the position of Country Music Association awards last they may. Deputy Forest Supervisor on the Coro- week, and said that Henley was a ‘‘true CNN. But doesn’t the success of this album nado National Forest in New Mexico Southern gentleman,’’ ending the interview spur you to make more music? Obviously, and Arizona. Reta has been invaluable by sending the crew on its way with plates of people want to hear it. HENLEY. I can’t sit here and tell you for in my office throughout this past year, mashed potatoes, corn and biscuits. CNN. Don Henley, congratulations on the certain that there will never be another Ea- specializing in Native-American and gles album, but we got 20 songs on this natural-resource issues. Her 20 years of first-week sales of this album. I think it exceeded everyone’s expectations. album. You know, we got a lot of things off experience working for the Forest HENLEY. More than 700,000 in this country. our chest, so to speak. Service in Montana and other parts of And I’m told it has sold 3 million worldwide. I don’t know if everybody’s going to want the West provided me with greater ex- So we’re delighted. to do another one. If we do a world tour, pertise related to how the Federal Gov- CNN. Somewhere, Kanye West is quaking that’ll take at least two years. We’re all pushing 60. Well, some of us are 60. . . . ernment can successfully work with in his boots, I would imagine. HENLEY. I doubt it. (Laughs) Anyway, we’ll see. But we all have some the tribes and other stakeholder groups CNN. You made us wait 28 years for this solo plans still. I still have a contract with on critical land management issues. new CD. a major label for a couple of solo albums. I She has particular sensitivity to the HENLEY. Yeah. Well, we don’t like to rush think parenting is one of the highest things cultural concerns of the tribes in the into things. on our agenda right now. We all have young West, and the USDA Forest Service CNN. I was surprised when it was an- children. So making another album is not will indeed gain from her knowledge nounced you had gone with a Wal-Mart deal our first priority right now. exclusively. Why did you do that? CNN. It seems like you’ve mellowed quite and understanding as the Federal Gov- HENLEY. Our deal with the major label ex- a bit. Is it fatherhood that’s changed you, or ernment works with tribal govern- pired several years ago, and we just decided perhaps just turning 60? ments in the Coronado National Forest we wanted to try something new. . . . HENLEY. I think we’ve all mellowed in this to resolve important resource manage- Everybody’s been calling for a new paradigm group. I think having children was really ment challenges. Reta’s diligence and in the record industry. Some people have good for all of us. And you supposedly get thoroughness for the projects she man- gone to the Internet and haven’t had a lot of mellower with age. However, as some of the ages will bring her tremendous success success with that. songs will indicate, we’re not too mellow. Some people have decided to go with the (Pauses) in this next chapter of her career. indie labels, who are mostly distributed by CNN. What are you thinking? I wish her the very best and thank the major labels. Some people have signed HENLEY. I hate that word ‘‘mellow,’’ actu- her for her devoted service to the great with major coffee companies with varying ally. We’ve been saddled with that word state of Idaho during 2007. She will be degrees of success. since the very beginning of our career, you missed in my office. So Wal-Mart came to us, and they made us know. It has something to do with Southern a really good offer. And they told us about California. I wish they would find a new f their green initiative, and how they’re try- word. We’re either ‘‘mellow’’ or we’re ‘‘cyn- THE EAGLES ing to make their company more eco- ical.’’ They can’t make up their minds. It’s logically responsible. And we were impressed sort of a contradiction. Mr. LEAHY. Mr. President, I have by their programs in that regard, and what CNN. But I think you’ve been sort of a con- had the privilege of attending perform- they’re trying to do. And a lot of our fans are tradiction. Certainly an enigma to a lot of ances by the Eagles, and I have enjoyed customers of Wal-Mart, so we thought it was people. a long friendship with Don Henley and a good fit. HENLEY. Well, good! (Laughs) Yeah, well, the members of the band. CNN. There are two discs in ‘‘Long Road this band is a contradiction. This album is. I talked with Don recently about Out of Eden.’’ One disc is full of romantic But life is a contradiction, isn’t it? There are their new double-disc set ‘‘Long Road ballads with those harmonies the Eagles are good things, and there are bad things going on in the world simultaneously. There’s love Out of Eden’’ and how they came about known for, and the other disc is full of satir- ical, witty, kind of biting— and hate. There’s war and peace. There are making it. We also talked about the HENLEY. (Interrupts) Thank you. Thank all kinds of things happening at the same last impromptu performance of the Ea- you for not using the word ‘‘cynical.’’ time. And so that’s reflected on this album, gles I attended, which was at Camp (Laugh) Which has become a real cliche. I think.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.125 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15903 CNN. So how are you guys all getting steaks my staff and I look forward to room. I appreciate and admire this tra- along these days? enjoying them. A special thanks to dition of excellence in both athletics HENLEY. The same. (Laughs) Senator JOHNSON for being such a good and academics. Many athletes achieve CNN. For better or worse? sport. honor roll status and go on to experi- HENLEY. All that stuff has been exagger- In the title game the Saints were led ated. You ask any band if they get along all ence success in their respective fields the time, and they will tell you, ‘‘Of course by running back Gabe Le, who slogged of study. The dedicated coaches and not.’’ But we get along, I’d say, as well as through the mud to pick up 116 hard- their staff have nurtured and helped any band does. fought yards and scored Carroll’s only these athletes to grow by putting in There’s something we’ve created called the two touchdowns on the day. For his ef- countless hours throughout the year to Eagles that’s more important than any one forts Le, a sophomore from Hayden, ID, prepare for their respective seasons. of us individually. And we serve that. You was named the offensive player of the Athletic director Bruce Parker also de- know, we call it ‘‘The Mothership.’’ We can game. Le started the season as a serves recognition as he has helped to all do this, that and the other, but we always backup but found his way into the come back to the Mothership. It’s something build and oversee the success of Carroll that we all built together. starting lineup and rushed for over 100 athletics. And all this stuff about fighting in the yards in each of Carroll’s four victories Finally, I would like to congratulate band, and brawling, and fistfights and all in the playoffs. The Carroll defense the president of Carroll College, Dr. that stuff has been grossly exaggerated. rose to the occasion and slowed down Tom Trebon, whose leadership and When it gets reprinted, and our publicist Sioux Falls’ high-flying offense. Hard dedication have made Carroll the high- says, ‘‘Well, where’d you get that informa- hitting linebacker Owen Koeppen, a ly regarded institution that it is. I look tion,’’ they invariably say, ‘‘I read it on the junior from Florence, MT, took the forward to cheering on the Saints Internet’’—as if the Internet were some honors as defensive player of the game. source of truth! The Internet is no more ac- again in 2008 as they begin their quest curate than the New York Post, you know. Koeppen has also been named to the for an unprecedented sixth national (Looks straight into the camera lens) Put 2007 American Football Coaches Asso- title. I know they will make Montana that in! (Laughs) ciation NAIA All-America Team. proud.∑ f The 2007 edition of the Fighting Saints was particularly dominant. f ADDITIONAL STATEMENTS They finished the season a perfect 15–0, TRIBUTE TO FORT CAMPBELL running their record over the past 6 HIGH SCHOOL years to an astounding 79 to 6. The CARROLL COLLEGE FIGHTING squad didn’t surrender a touchdown ∑ Mr. BUNNING. Mr. President, I wish SAINTS FOOTBALL TEAM until the eighth game of the season and to pay tribute to the Fort Campbell ∑ Mr. BAUCUS. Mr. President, I wish gave up an average of less than five Varsity football team from Fort Camp- to recognize a group of hard working points per game. Carroll outscored bell, KY. On December 8, 2007, the Fort student athletes from my hometown their opponents by a combined total of Campbell High School Varsity football who continue to make history. 370 to 72. team won the Class 2–A State Cham- This past Saturday, on a mud soaked Head football coach Mike Van Diest, pionship in Louisville, KY. field in Savannah, TN, the Carroll Col- a native of East Helena, came home in For the young men on this team, this lege Fighting Saints football team 1999 to coach the Saints. In addition to is not just a trophy; it is an affirma- claimed their fifth National Associa- the five national titles, the Saints have tion that with hard work and deter- tion of Intercollegiate Athletics cham- won eight straight Frontier Conference mination, anything is possible. To ac- pionship in the past six seasons. The championships and made it to the complish this goal the members not Fighting Saints overcame the weather semifinal round of the NAIA playoffs only have to juggle long practices and and a tough squad from the University seven times under his direction. Van games, but they continue to achieve of Sioux Falls in South Dakota to pre- Diest is not only a fantastic coach who academic excellence. Not only are vail with a 17 to 9 victory. has built a winning football program; these young men excellent athletes and Carroll College is a private, Catholic he is an even better person, husband, students, but they pride themselves in college in my hometown of Helena, MT. and father. Mike has taught his players giving back to their community for all Carroll boasts an enrollment of about many life lessons along the way. He the support they have received by 1,500 students and is known around the preaches the importance of getting a doing community service, fundraising, country for its award-winning aca- quality education, the value of team- and school public relations. demic and preprofessional programs. work, and the need to give back to the Fort Campbell, KY, is proud to be Carroll is particularly strong in community. This embodies the service home to the 101st Airborne Division premedical, engineering, and nursing mission of Carroll College and the and 160th Special Operations Airborne programs. school’s motto, ‘‘Not for school but for Division. Many of the players on the The Saints enjoy great support from life.’’ Coach Van Diest has a lifetime of Fort Campbell Falcons have loved ones the community of Helena and from respect and appreciation for the Carroll currently serving our Nation abroad. I folks all across Big Sky country. Fans standard and tradition of excellence am confident that these loved ones pack Nelson Stadium on the Carroll and the college is truly blessed to have would be proud of what the Falcons campus each Saturday when there is a him. have accomplished this season. home game. Rain, snow, sub-zero tem- All of Carroll’s athletic programs The citizens of Fort Campbell, KY, peratures—nothing will stop the Car- have enjoyed great success as of late. are fortunate to have the 2007 Class 2– roll faithful from coming out to cheer This fall the women’s soccer team won A State Champions and families living on their beloved Saints. I always look the first ever Frontier Conference and learning in their community. Their forward to being a part of the crowd Championship and claimed their first example of hard work and determina- whenever I can. The student cheering ever victory at the NAIA national tion should be followed by all in the section known as the ‘‘Carroll Crazies’’ tournament. The men’s and women’s Commonwealth. joins with parents and community basketball team and the volleyball I am very proud of the accomplish- members to create an atmosphere that team have also won numerous con- ments these young men have made. I is so energetic on game day you would ference championships in recent years would like to congratulate the mem- think you were at a much larger and have represented the school proud- bers of the Fort Campbell High School school. ly in regional and national tour- Varsity football team for their success. Like hard working folks all across naments. This record of excellence can But, also, I want to congratulate their Montana I value my money, but I was be attributed to the fine student ath- peers, coaches, teachers, administra- so confident that Carroll would be vic- letes that come to Carroll from towns tors, and dedicated parents for the sup- torious in the title game that I made a small and large all across Montana and port and sacrifices they have made to little wager with my good friend from the Northwest. These individuals put it help the Fort Campbell High School South Dakota, Senator Tim Johnson. all on the line not only on the playing football team make their dreams a re- The winner gets some delicious buffalo fields and courts but also in the class- ality.∑

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.087 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15904 CONGRESSIONAL RECORD — SENATE December 18, 2007 VALDOSTA STATE NATIONAL cessful because of the mind-set that makers on the National Security Coun- CHAMPIONS says every student can succeed. These cil as the senior staff member for Latin ∑ Mr. CHAMBLISS. Mr. President, schools and the communities around America. He then returned to service today I wish to congratulate the Val- them have embraced the differences in abroad, as the U.S. Ambassador to Ni- dosta State University Blazers football their student body and demonstrated geria. Three years later he served as team for winning the 2007 NCAA Divi- that every single student, regardless of Ambassador to Zambia. Ambassador sion II National Championship. background, can and will learn. It Low performed these duties admirably, The Blazers celebrated their second takes the dedicated leadership of a receiving the Department of State Dis- good principal, a talented teaching national championship in 4 years on tinguished Honor Award and two Presi- corps and engaged parents to achieve December 15, 2007, in Florence, AL, and dential Meritorious Service Awards. this level. In 1982 Ambassador Low became the completed their season with a final The teachers and staff of these high record of 13 to 1. Valdosta State’s play- Director of the State Department’s schools have demonstrated their com- Foreign Service Institute, the Federal off run included victories over Catawba mitment to excellence through quality University, University of North Ala- Government’s primary training insti- education. I have always been very tution for officers and support per- bama, and the University of California- proud to call New Mexico my home be- Pennsylvania en route to defeating sonnel of the U.S. foreign affairs com- cause of the countless opportunities it munity. His commitment to education Northwest Missouri State 25 to 20 in provides. This is a well deserved rec- the championship game. has been steadfast ever since. In addi- ognition for the excellent work being tion to teaching and administrative I am extremely proud of these tal- done by these high schools, and I would ented men for all of their hard work posts at the Johns Hopkins University like to congratulate them on their and other schools, Ambassador Low and dedication that contributed to this great success. victory. I congratulate all of the team was named President of the Associa- The following schools were com- tion of Diplomatic Studies and Teach- members, particularly the senior class. mended with awards: Academy for Their leadership and talents will surely ing, an office he held until 1997. Technology and the Classics in Santa Today the Ambassador continues his be missed. In addition, sophomore wide Fe, NM; Bloomfield High School in active career. As President and Found- receiver Cedric Jones and junior safety Bloomfield, NM; Clayton High School er of the Foreign Affairs Museum Sherard Reynolds were both named in Clayton, NM; Cliff High School in Council, Ambassador Low worked with First-Team All-Americans. The Blazers Cliff, NM; Eldorado High School in Al- members of Congress and all living also had seven players named to the buquerque, NM; East Mountain Charter former Secretaries of State to improve Gulf South Conference All-Conference High School in Sandia Park, NM; public understanding of the role of di- Team, including Cedric Jones, Gerald Hagerman High School in Hagerman, plomacy and the Foreign Service. As Davis, William Montford, Sherard Rey- NM; La Cueva High School in Albu- he has stated: nolds, Maurice Leggett, Michael Terry, querque, NM; Lake Arthur High School Many Americans have little idea what an and Travis Harrison. Furthermore, I in Lake Arthur, NM; Logan High embassy is, or what an ambassador does. Nor would like to extend my appreciation School in Logan, NM; Los Alamos High are they aware that our diplomats and other to all the families and fans for their School in Los Alamos, NM; Magdalena Foreign Service personnel work 24/7 around continual support of the Blazers High School in Magdalena, NM; Sandia the world in the interest of the American throughout the season. High School in Albuquerque, NM; people. The success of the team could not Springer High School in Springer, NM; His subsequent advocacy and leader- have been achieved without the excep- Tatum High School in Tatum, NM; and ship in the planning of a National Mu- tional coaching staff, led by head coach Texico High School in Texico, NM. seum of American Diplomacy at the David Dean. Coach Dean is in his first Again, I commend these fine high Department of State has helped to en- season as head coach of the Blazers, schools on a job well done, and I hope sure that our Nation honors the past having been the team’s offensive coor- that these awards will inspire high achievements and ongoing service of dinator for the past 7 years. He is only schools in my home State and around our country’s diplomats. the second first-year coach in history the country to strive for the best.∑ I congratulate Ambassador Low on to lead his team to a Division II title. f his 80th birthday and his lifetime of Valdosta, a city long known for its TRIBUTE TO THE HONORABLE achievement. I wish him many more tradition in high school football, can STEPHEN LOW years of good health and active service now boast about the success of Val- to our country. ∑ dosta State University, which has won Mr. LUGAR. Mr. President, I rise I ask that the attached resolution be 2 Division II National Championships today to congratulate a distinguished printed in the RECORD. in 4 years. It is my hope that the win- former member of the Foreign Service, The material follows. ning tradition at Valdosta State will the Honorable Stephen Low, on the oc- Congratulating Hon. Stephen Low on a casion of his recent 80th birthday on lifetime of service to the cause and pro- continue for many years to come. motion of American diplomacy, and on the Congratulations again to all of these December 2, 2007. He has rendered many years of service to our Nation, recent passing of his 80th birthday on De- young men and to all associated with cember 2, 2007; the Valdosta State Blazers football and I am honored to celebrate this Whereas throughout his years as a career program for their great accomplish- milestone and his achievements. Foreign Service Officer, Ambassador Low Upon receiving his doctorate from ments and hard work.∑ served as the U.S. Ambassador to Nigeria the Fletcher School of Law and Diplo- and the U.S. Ambassador to Zambia; f macy in 1956, the future Ambassador Whereas while advising the National Secu- joined the Department of State as an rity Council, Ambassador Low served as a BEST HIGH SCHOOLS IN NEW senior staff member for Latin America; MEXICO Intelligence Research Officer in what was then the Bureau of Far Eastern Af- Whereas Ambassador Low has received the Department of State Distinguished Honor ∑ Mr. DOMENICI. Mr. President, today fairs. In the years that followed, Am- I applaud the top public high schools in Award and two Presidential Meritorious bassador Low served as the Economic- Service Awards; my home State of New Mexico. I was Labor Officer in Kampala, Uganda; the Whereas in his commitment to education, pleased to learn that in U.S. News and Chief of Political Section, Dakar, Sen- Ambassador Low has served as the Director World Report’s first ranking of Amer- egal; the Special Assistant to the Dep- of the State Department’s Foreign Service ica’s best high schools, 16 high schools uty Under Secretary of State for Polit- Institute, President of the Association for in New Mexico were awarded with sil- ical Affairs; and the Counselor for Po- Diplomatic Studies and Training, and sev- ver and bronze medals for their out- litical Affairs in Brasilia, Brazil. He eral teaching posts in the United States and standing performance on standardized abroad; then returned to Washington where he Whereas Ambassador Low continues to be tests and in providing college-level was named the Director of Brazil Af- active in the creation of a museum and cen- coursework. fairs in the early 1970s. ter for the study of American diplomacy at The students come from many dif- During the Ford administration, Ste- the Department of State: Now, therefore, be ferent backgrounds, but they are suc- phen Low advised our Nation’s policy- it

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.045 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15905 Resolved, That the Committee on Foreign fought alongside him, and began to sense of security. They too noted how Relations expresses to Ambassador Low deep learn the undercurrents and inner his relaxed Alaskan exterior quickly appreciation for his service to the Depart- workings of Iraqi society. He returned helped earn him the respect of the ment of State and the United States of for a second tour to Husaybah, near townspeople. America.∑ Iraq’s border with Syria in August 2004. Even more remarkably, Sergeant f At the time Husaybah was a dangerous Henehan’s reputation for being fair and SERGEANT AARON HENEHAN town. caring allowed him to detain all 18 Sergeant Henehan served his second ∑ high-value insurgents without any real Ms. MURKOWSKI. Mr. President, tour in Iraq with distinction again but violence. These 18 also led him to their During this holiday season, I would still felt he needed to do more. Before associates, significantly disrupting in- like to recognize the soldiers and vet- deploying for his third and final tour in surgent operations in that part of Al erans from Alaska who have given so February of 2006 he told friends and Anbar Province. Sergeant Henehan re- much and continue to give so much. I family back home that he yearned to mained behind after his unit returned would like them to know that their make a difference in Iraq, a sentiment to the States to train new troops about sacrifices in Afghanistan and Iraq have many American soldiers and guards- how he learned to wage urban warfare not gone unnoticed by their fellow men share with him. He spent a lot of while gaining the trust of the towns- Alaskans. When I was in Iraq I had the time between his second and third people. The downturn in violence in Al pleasure of meeting soldiers and Na- tours thinking about what he could do Anbar can be linked, in part, to his ef- tional Guardsmen from Anchorage, differently, how he could learn from his forts and efforts of those like him. Fairbanks, Seward, Soldotna, Eagle experience and achieve a better result. Sergeant Henehan is currently at- River, Slana, and Wasilla. Hearing Combining his marine training with tending a California community col- their stories and commitment made me information he learned from a retired lege and plans to transfer to a larger incredibly proud to be an Alaskan. LAPD officer deployed to Iraq to teach State school after completing his dis- Every day, Alaskans write my office our troops urban tactics, Sergeant tribution credits. He wants to major in praising the service men and women Henehan approached his third tour computer programs and even talks of who have returned and those still in with what he referred to as a ‘‘beat cop one day creating video games that combat. Sometimes it is just a short mentality.’’ He wanted to approach the more accurately portray what war in message conveying their support, while problem of rounding up insurgents as if the modern era is like. He has already other times is a long heartfelt letter he were a native of the area. He spent begun organizing photographs from his praising our heroes and expressing soli- his free time studying the tribal his- three tours to use as backdrops. Clear- darity with them for the sacrifices tory and geography of Husaybah for ly his talent for careful planning and they have made. I truly believe that hours at a time. his desire to share his knowledge and the fact that Alaska has the largest The ability to put his plan in motion, experiences with others did not leave number of veterans per capita says a Sergeant Henehan says, was made pos- with his donning of civilian clothes. I lot about our State’s character. sible in part by Operation Steel Cur- wish him the best in all his future en- Alaskan veterans are some of the tain, which had cleared Husaybah deavors, just as I wish the best for all most exemplary in the Armed Forces. block by block, and set up outposts of our Alaskan veterans and those now The 172nd Stryker Brigade in par- called ‘‘firm bases’’ throughout the serving.∑ ticular had their tour in Iraq extended city. Upon returning for his third tour, to 16 months, but when their country Sergeant Henehan immediately noticed f asked them for more they remained that after this push, while not always TRIBUTE TO DR. DOUGLAS C. strong and proud. Just last week I re- willing to openly support the coalition PATTERSON ceived an e-mail from the commander forces, many Iraqis felt safe enough to of the 172nd. He informed me that on give him tips on where the insurgents ∑ Mr. SESSIONS. Mr. President, today December 12 Sgt. Gregory Williams were hiding. This change in mentality, I commend a distinguished resident of from the 172nd was presented the Dis- coupled with Sergeant Henehan’s the State of Alabama, Dr. Douglas C. tinguished Service Cross, the second knowledge of family and tribal connec- Patterson on the occasion of his retire- highest award for valor, for his actions tions, allowed him to determine which ment from Troy University. Upon rein combat while in Baghdad. Despite people to ask about each of the 18 high ceiving his bachelor’s degree from Ala- being injured himself when their vehi- value insurgents he located. He knew bama College in 1967, Patterson was cle was struck by a bomb, Sergeant exactly who would be willing to tip commissioned a lieutenant in the U.S. Williams was able to return fire and him off about a social rival or historic Marine Corps and served as a platoon help a wounded comrade to safety. To foe. commander for a Combat Engineer Pla- date, there have been only eight Dis- Traveling with an interpreter, Ser- toon and as an intelligence officer for tinguished Service Crosses awarded geant Henehan had a talent for remem- the First Engineer Battalion of the since the war began in 2001. bering names and personal details. He First Marine Division in the Republic We Alaskans often enjoy doing things took every opportunity he could to of Vietnam. our own way. In Iraq, one Alaskan ma- talk with the locals and learn about Upon returning from Vietnam, Pat- rine discovered he had hidden talents the town’s social organization and trib- terson received his masters from the he never imagined when his innovative al boundaries, often returning several University of Montevallo and his doc- approach to searching out insurgents times to talk with the same families to torate from the University of Alabama. earned him the Navy and Marine Corps gain their trust. Bringing with him Dr. Patterson’s experience includes Commendation Medal. SGT Aaron A. candy, doctors, and his good humor, he serving as a high school counselor, di- Henehan led his squad to search out would knock on doors and politely ask rector of Counseling and Career Serv- and detain 18 ‘‘blacklist’’ or high-value to chat. Entire families opened up to ices at Jefferson State Junior College, insurgents while on his third tour in him. Sometimes it would start with a vice president for instruction at the Iraq. toy given to a child; sometimes it was Alabama Institute for the Deaf and An adventurous young man, Sergeant a heartfelt conversation with a shop- Blind and currently, he serves as the Henehan was barely out of high school keeper. The response he got astonished senior vice chancellor for administra- and anxious to see the world when he everyone, including the insurgents hid- tion for Troy University. first thought of signing up to serve his ing out in the town. Dr. Patterson has served Troy Uni- country. September 11 and the out- The 12 marines in his squad called versity with great honor and distinc- break of war did not cause his decision him a fair, but tough leader who they tion as a senior administrator since to waiver an inch. felt very safe with. His intense and 1989 and has provided exemplary serv- Sergeant Henehan deployed in April proactive preparation for the more ice to the university and to the citizens of 2003 and spent his first tour in the than 80 combat missions which he led of the State of Alabama. During his town of Babylon in Najaf Province. He and his personal attention to each of tenure as senior vice chancellor for ad- served his country well, like many who his 12 soldiers’ well-being gave them a ministration, Dr. Patterson directed

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.080 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15906 CONGRESSIONAL RECORD — SENATE December 18, 2007 the institution’s finance and budg- client’s choosing, as novel remem- kota on August 17, 1936. When he was eting, information technology, institu- brances for special occasions. just 5 years old, he was removed from tional effectiveness, television and What makes the company so spe- his family to attend Wahpeton Indian radio, strategic planning, athletics, cial—aside from its delicious baked School. He later transferred to and day-to-day operations. Under his goods—is what Trina and Meggen do to Flandreau Indian School where he fin- leadership, the University has enjoyed help the less fortunate. Seeking to use ished out his high school education. an unprecedented era of growth, dou- their skills to help others, they devel- After high school, Floyd went on to bling worldwide student enrollment to oped the Divine Intervention Brownie graduate from Northern State Univer- almost 30,000 students. Dr. Patterson Collection. These specialty brownies sity majoring in art, speech, and the- has been instrumental in Troy Univer- come in the shape of hearts and stars, atre. sity’s glowing record of stewardship and after each purchase of one of these Mr. Westerman was a very intelligent and financial stability, garnering sets, Simply Divine donates a portion and talented individual. He was a man praise and awards from the National of the proceeds to Volunteers for Amer- of many trades including acting, sing- Association of College and University ica, a national nonprofit group that as- ing, and songwriting. His acting career Business Officers and earning TROY sists people of all ages in rebuilding was especially extensive. He performed recognition as a ‘‘Best Value’’ univer- their lives. Whether it be helping the in more than 50 movies and television sity from such publications as MONEY homeless find safe and affordable hous- shows. Some of his more popular acting Magazine and The Princeton Review. ing, or aiding at-risk teens and those works included, ‘‘Dances with Wolves,’’ Dr. Patterson played a key role in the with mental illnesses, Volunteers for ‘‘Hidalgo,’’ ‘‘The X-Files,’’ and ‘‘Walk- university’s decision to move Troy America helps over 2 million people in er, Texas Ranger.’’ University athletics to the highest over 400 communities, a task that it His music career was also a success- level of NCAA competition, bringing has successfully performed since 1896. ful one. Mr. Westerman performed with national recognition to the university Volunteers for America’s philanthropic many talented musicians including and fostering pride among its students, acts of kindness and compassion are Johnny Cash, Willie Nelson, Bonnie alumni, and friends. Dr. Patterson was admirable, and at this time of year, we Raitt, Harry Belafonte, Jackson recently honored by Troy University as can be particularly thankful for the Browne, Kris Kristofferson, and Don the Honorary Alumnus of the Year for work that Simply Divine Brownies and Henley. 2007. other businesses like it do to make Floyd Red Crow Westerman was a I commend Dr. Douglas C. Patterson, these programs a reality. thoughtful, kind, and inspiring man. on the occasion of his retirement from For all their hard work and success, Although many will miss him, I know Troy University, for his leadership in the Beauliers have been celebrated in his spirit will never be forgotten.∑ Alabama higher education and for his various capacities over the past several f outstanding service to Alabama and years. Their brownies have been cited our country.∑ as the Snack of the Day on the ‘‘Rachel MESSAGES FROM THE HOUSE f Ray Show’’ and have also been featured At 11:10 a.m., a message from the on NBC’s ‘‘Today’s Show.’’ Most re- HONORING SIMPLY DIVINE House of Representatives, delivered by cently, and perhaps most prominently, BROWNIES Mrs. Cole, one of its reading clerks, an- Simply Divine came in second in online nounced that the House has passed the ∑ Ms. SNOWE. Mr. President, with the voting for a Forbes magazine contest following bills and joint resolution, holiday season upon us, I rise today to to receive a financial assistance pack- without amendment: recognize a Maine small business that age to grow its business. They beat out S. 2174. An act to designate the facility of operates with a philosophy of giving nearly 1,000 other small companies to the United States Postal Service located at back to those in need. Simply Divine place in the final round. Having to cre- 175 South Monroe Street in Tiffin, Ohio, as Brownies of Brunswick is a baker and ate a forward-looking business plan for the ‘‘Paul E. Gillmor Post Office Building’’. distributor of gourmet brownies and the contest has been of tremendous S. 2484. An act to rename the National In- assorted gift packages that recently re- benefit to the Beauliers, who say that stitute of Child Health and Human Develop- ceived well-deserved attention for fin- their newfound knowledge, combined ment as the Eunice Kennedy Shriver Na- tional Institute of Child Health and Human ishing second in Forbes magazine’s with increased sales and peaked inter- Boost Your Business contest. Development. est in the company, has allowed them S.J. Res. 13. Joint resolution granting the Founded in November 2004 as a home to forge ahead with their planned ex- consent of Congress to the International business by Trina Beaulier, Simply Di- pansion. Emergency Management Assistance Memo- vine Brownies is a true treat for the In the past 3 years, Simply Divine randum of Understanding. taste buds. In just 3 years, the com- Brownies has made a name for itself. pany has grown to 20 employees, in- As a family-owned small business that At 2:20 p.m., a message from the cluding Trina’s daughter Meggen, and has flourished and continues to receive House of Representatives, delivered by now operates in Brunswick’s historic accolades of the highest accord, Simply Mrs. Cole, one of its reading clerks, an- Fort Andross Mill. Its gourmet brown- Divine’s growth certainly has not gone nounced that the House agrees to the ies range from the chocolate and nut- unnoticed. Yet, through it all, the amendment of the Senate to the filled brownies to the more eclectic Beauliers and the employees at Simply amendments of the House to the cappuccino or peppermint frosted Divine have found the will and desire amendments of the Senate to the bill brownies. Seizing the opportunity to to make a difference, and they are to (H.R. 6) to reduce our Nation’s depend- bring a creative twist to the epicurean be commended for their insatiable ap- ency on foreign oil by investing in world, Simply Divine produces brown- petite to brighten the lives of others. I clean, renewable, and alternative en- ies with a unique Maine accent. The wish Trina and Meggen Beaulier and ergy resources, promoting new emerg- Need’him is a chocolate and coconut everyone at Simply Divine Brownies a ing energy technologies, developing brownie based on the needham, a tradi- happy holiday season, and continued greater efficiency, and creating a Stra- tional Maine cookie. And the Singin’ success in the years to come.∑ tegic Energy Efficiency and Renew- the Blues consists of a chocolate ables Reserve to invest in alternative f brownie that is covered with blueberry energy, and for other purposes. buttercream frosting and topped with TRIBUTE TO FLOYD RED CROW The message also announced that the wild Maine blueberries. Simply WESTERMAN House agrees to the amendment of the Divine’s brownies also come in a vari- ∑ Mr. THUNE. Mr. President, today I Senate to the bill (H.R. 2764) making ety of shapes, such as Christmas trees, recognize Floyd Red Crow Westerman. appropriations for the Department of wedding cakes, and lobsters and even Mr. Westerman passed away early in State, foreign operations, and related palm trees for those seeking a different the morning on Thursday, December programs for the fiscal year ending in climate. Remarkably, Simply Divine is 13, 2007, at the age of 71. September 30, 2008, and for other pur- also able to offer Reflection Brownies Floyd was born on the Lake Traverse poses, with amendments, in which it imprinted with a digital image of the Reservation in Northeast South Da- requests the concurrence of the Senate.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.033 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15907 The message further announced that crease the efficiency of products, buildings, United States Postal Service to issue a the House has agreed to the following and vehicles, to promote research on and de- semipostal to raise funds for breast cancer resolution: ploy greenhouse gas capture and storage op- research. tions, and to improve the energy perform- S. 2174. An act to designate the facility of H. Res. 880. Resolution relative to the ance of the Federal Government, and for the United States Postal Service located at death of the Honorable Julia Carson, a Rep- other purposes. 175 South Monroe Street in Tiffin, Ohio, as resentative from the State of Indiana. The enrolled bill was subsequently the ‘‘Paul E. Gillmor Post Office Building’’. The message also announced that the signed by the President pro tempore S. 2484. An act to rename the National In- stitute of Child Health and Human Develop- House has passed the following bills (Mr. BYRD). and joint resolution, in which it re- ment as the Eunice Kennedy Shriver Na- quests the concurrence of the Senate: At 4:35 p.m., a message from the tional Institute of Child Health and Human House of Representatives, delivered by Development. H.R. 1374. An act to amend the Florida Na- H.R. 797. An act to amend title 38, United tional Forest Land Management Act of 2003 Ms. Brandon announced that the House States Code, to improve low-vision benefits to authorize the conveyance of an additional agrees to the amendment of the Senate matters, matters relating to burial and me- tract of National Forest System land under to the bill (H.R. 2761) to extend the morial affairs, and other matters under the that Act, and for other purposes. Terrorism Insurance Program of the laws administered by the Secretary of Vet- H.R. 3179. An act to amend title 40, United Department of the Treasury, and for erans Affairs, and for other purposes. States Code, to authorize the use of Federal other purposes. H.R. 2408. An act to designate the Depart- supply schedules for the acquisition of law ment of Veterans Affairs outpatient clinic in enforcement, security, and certain other re- At 6:47 p.m., a message from the Green Bay, Wisconsin, as the ‘‘Milo C. lated items by State and local governments. House of Representatives, delivered by Huempfner Department of Veterans Affairs H.R. 3454. An act to provide for the convey- Outpatient Clinic’’. ance of a small parcel of National Forest Mrs. Cole, one of its reading clerks, announced that the House has passed the H.R. 2671. An act to designate the United System land in the George Washington Na- States Courthouse located at 301 North tional Forest in Alleghany County, Virginia, following bills, without amendment: Miami Avenue, Miami, Florida, as the ‘‘C. that contains the cemetery of the Central S. 2271. An act to authorize State and local Clyde Atkins United States Courthouse’’. Advent Christian Church and an adjoining governments to divest assets in companies H.R. 3703. An act to amend section tract of land located between the cemetery that conduct business operations in Sudan, 5112(p)(1)(A) of title 31, United States Code, and road boundaries. to prohibit United States Government con- to allow an exception from the $1 coin dis- H.R. 3911. An act to designate the facility tracts with such companies, and for other pensing capability requirement for certain of the United States Postal Service located purposes. vending machines. at 95 Church Street in Jessup, Pennsylvania, S. 2488. An act to promote accessibility, ac- H.R. 3739. An act to amend the Arizona as the ‘‘Lance Corporal Dennis James Veater countability, and openness in Government Water Settlements Act to modify the re- Post Office’’. by strengthening section 552 of title 5, quirements for the statement of findings. H.R. 4210. An act to designate the facility United States Code (commonly referred to as S.J. Res. 13. Joint resolution granting the of the United States Postal Service located the Freedom of Information Act), and for consent of Congress to the International at 401 Washington Avenue in Weldon, North other purposes. Emergency Management Assistance Memo- Carolina, as the ‘‘Dock M. Brown Post Office The message also announced that the randum of Understanding. Building’’. House agrees to the amendment of the H.R. 4220. An act to encourage the dona- The enrolled bills and joint resolu- Senate to the bill (H.R. 3648) to amend tion were subsequently signed by the tion of excess food to nonprofit organizations the Internal Revenue Code of 1986 to that provide assistance to food-insecure peo- President pro tempore (Mr. BYRD). exclude discharges of indebtedness on ple in the United States in contracts entered f into by executive agencies for the provision, principal residences from gross income, service, or sale of food. and for other purposes. EXECUTIVE AND OTHER H.R. 4286. An act to award a congressional The message further announced that COMMUNICATIONS gold medal to Daw Aung San Suu Kyi in rec- the House agrees to the amendment of The following communications were ognition of her courageous and unwavering the Senate to the bill (H.R. 3690) to laid before the Senate, together with commitment to peace, nonviolence, human provide for the transfer of the Library accompanying papers, reports, and doc- rights, and democracy in Burma. of Congress police to the United States H.R. 4342. An act to designate the facility uments, and were referred as indicated: Capitol Police, and for other purposes. of the United States Postal Service located EC–4386. A communication from the Under at 824 Manatee Avenue West in Bradenton, The message also announced that the Secretary of Defense (Comptroller), trans- Florida, as the ‘‘Dan Miller Post Office House agrees to the amendment of the mitting, pursuant to law, the report of a vio- Building’’. Senate to the title of the bill (H.R. lation of the Antideficiency Act by personnel H. J. Res. 15. Joint resolution recognizing 3997) to amend the Internal Revenue at the Naval Surface Warfare Center; to the the contributions of the Christmas tree in- Code of 1986 to provide earnings assist- Committee on Appropriations. dustry to the United States economy. ance and tax relief to members of the EC–4387. A communication from the Under The message further announced that uniformed services, volunteer fire- Secretary of Defense (Comptroller), trans- the House has agreed to the following fighters, and Peace Corps volunteers, mitting, pursuant to law, a report relative to a multiyear procurement that is being concurrent resolutions, in which it re- and for other purposes. The message further announced that sought for UH/HH–60M and MH–60S aircraft quests the concurrence of the Senate: for fiscal year 2007 through fiscal year 2011; H. Con. 246. Concurrent resolution hon- the House agrees to the amendments of to the Committee on Armed Services. oring the United States Marine Corps for the Senate to the bill (H.R. 3997) to EC–4388. A communication from the Direc- serving and defending the United State on amend the Internal Revenue Code of tor, Defense Procurement and Acquisition the anniversary of its founding on November 1986 to provide earnings assistance and Policy, Department of Defense, transmit- 10, 1775. tax relief to members of the uniformed ting, pursuant to law, the report of a rule en- H. Con. Res. 254. Concurrent resolution rec- services, volunteer firefighters, and titled ‘‘Receiving Reports for Shipments’’ ognizing and celebrating the centennial of Peace Corps volunteers, and for other (DFARS Case 2006–D024) received on Decem- Oklahoma statehood. ber 18, 2007; to the Committee on Armed H. Con. Res. 270. Concurrent resolution to purposes, with an amendment, in which Services. make corrections in the enrollment of the it requests the concurrence of the Sen- EC–4389. A communication from the Direc- bill H.R. 1593. ate. tor, Defense Procurement and Acquisition f f Policy, Department of Defense, transmitting, pursuant to law, the report of a rule en- ENROLLED BILL SIGNED ENROLLED BILLS AND JOINT titled ‘‘Ship Critical Safety Items’’ (DFARS At 4:11 p.m., a message from the RESOLUTION SIGNED Case 2007–D016) received on December 18, House of Representatives, delivered by At 8:40 p.m., a message from the 2007; to the Committee on Armed Services. Ms. Brandon, one of its reading clerks, House of Representatives, delivered by EC–4390. A communication from the Direc- Mrs. Cole, one of its reading clerks, an- tor, Defense Procurement and Acquisition announced that the Speaker has signed Policy, Department of Defense, transmit- the following enrolled bill: nounced that the Speaker has signed ting, pursuant to law, the report of a rule en- H.R. 6. An act to move the United States the following enrolled bills and joint titled ‘‘Information Assurance Contractor toward greater energy independence and se- resolution: Training and Certification’’ (DFARS Case curity, to increase the production of clean S. 597. An act to amend title 39, United 2006–D023) received on December 18, 2007; to renewable fuels, to protect consumers, to in- States Code, to extend the authority of the the Committee on Armed Services.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.124 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15908 CONGRESSIONAL RECORD — SENATE December 18, 2007 EC–4391. A communication from the Direc- EC–4402. A communication from the Office Modifications’’ (Rev. Proc. 2007–72) received tor, Defense Procurement and Acquisition Director, Office of Congressional Affairs, Nu- on December 10, 2007; to the Committee on Policy, Department of Defense, transmit- clear Regulatory Commission, transmitting, Finance. ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled EC–4412. A communication from the Chief titled ‘‘Functions Exempt from Private Sec- ‘‘Occupational Dose Records, Labeling Con- of the Publications and Regulations Branch, tor Performance’’ (DFARS Case 2007–D019) tainers, and the Total Effective Dose Equiva- Internal Revenue Service, Department of the received on December 18, 2007; to the Com- lent’’ (RIN3150–AH40) received on December Treasury, transmitting, pursuant to law, the mittee on Armed Services. 18, 2007; to the Committee on Environment report of a rule entitled ‘‘Creditability of EC–4392. A communication from the Direc- and Public Works. Mexican Single Rate Business Tax’’ (Notice tor, Defense Procurement and Acquisition EC–4403. A communication from the Prin- 2008–3) received on December 11, 2007; to the Policy, Department of Defense, transmit- cipal Deputy Associate Administrator, Office Committee on Finance. ting, pursuant to law, the report of a rule en- of Policy, Economics and Innovation, Envi- EC–4413. A communication from the Chief titled ‘‘DoD Representations and Certifi- ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, cations in the Online Representations and pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the Certifications Application’’ (DFARS Case ‘‘Approval and Promulgation of Air Quality Treasury, transmitting, pursuant to law, the 2006–D032) received on December 18, 2007; to Implementation Plans; West Virginia; Clean report of a rule entitled ‘‘Diagnostic Medical the Committee on Armed Services. Air Interstate Rule’’ (FRL No. 8506–4) re- Procedures’’ (Revenue Ruling 2007–72) re- EC–4393. A communication from the Under ceived on December 13, 2007; to the Com- ceived on December 11, 2007; to the Com- Secretary of Defense (Personnel and Readi- mittee on Environment and Public Works. mittee on Finance. ness), transmitting, a report on the approved EC–4404. A communication from the Prin- EC–4414. A communication from the Chief retirement of Lieutenant General John M. cipal Deputy Associate Administrator, Office of the Publications and Regulations Branch, Brown III, United States Army, and his ad- of Policy, Economics and Innovation, Envi- Internal Revenue Service, Department of the vancement to the grade of lieutenant general ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the on the retired list; to the Committee on pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Partnership Audit Armed Services. ‘‘Approval and Promulgation of Implementa- Techniques Guide—Chapters 3, 4, 5, 6 and 9’’ EC–4394. A communication from the Under tion Plans; Missouri; Clean Air Interstate (Docket No. LMSB–04–1107–076) received on Secretary of Defense (Personnel and Readi- Rule’’ (FRL No. 8506–8) received on December December 17, 2007; to the Committee on Fi- ness), transmitting, a report on the approved 13, 2007; to the Committee on Environment nance. retirement of Vice Admiral Terrance T. and Public Works. EC–4415. A communication from the Assist- Etnyre, United States Navy, and his ad- EC–4405. A communication from the Prin- ant Secretary, Office of Legislative Affairs, vancement to the grade of vice admiral on cipal Deputy Associate Administrator, Office Department of State, transmitting, pursuant the retired list; to the Committee on Armed of Policy, Economics and Innovation, Envi- to law , a report relative to the status of con- Services. ronmental Protection Agency, transmitting, sular training with respect to travel and EC–4395. A communication from the Sec- pursuant to law, the report of a rule entitled identity documents; to the Committee on retary of the Treasury, transmitting, pursu- ‘‘Approval and Promulgation of Implementa- Foreign Relations. ant to law, a six-month periodic report on tion Plans; Nebraska; Interstate Transport EC–4416. A communication from the Assist- the national emergency with respect to of Pollution’’ (FRL No. 8507–1) received on ant Secretary, Office of Legislative Affairs, Belarus that was declared in Executive Order Department of State, transmitting, pursuant 13405 of June 16, 2006; to the Committee on December 13, 2007; to the Committee on En- to law , a report relative to the six-month Banking, Housing, and Urban Affairs. vironment and Public Works. EC–4396. A communication from the Chair- EC–4406. A communication from the Prin- suspension of the limitation on the obliga- man, National Transportation Safety Board, cipal Deputy Associate Administrator, Office tion of the State Department under the Je- transmitting, pursuant to law, a report rel- of Policy, Economics and Innovation, Envi- rusalem Embassy Act of 1995; to the Com- ative to the actions taken to ensure that au- ronmental Protection Agency, transmitting, mittee on Foreign Relations. EC–4417. A communication from the Chair- dits are conducted of its programs and oper- pursuant to law, the report of a rule entitled ations for fiscal year 2007; to the Committee ‘‘Approval of Implementation Plans of man, Council of the District of Columbia, on Commerce, Science, and Transportation. Michigan: Clean Air Interstate Rule’’ (FRL transmitting, pursuant to law, a report on EC–4397. A communication from the Assist- No. 8508–1) received on December 13, 2007; to D.C. Act 17–212 , ‘‘Child Abuse and Neglect ant Secretary for Fish and Wildlife and the Committee on Environment and Public Investigation Record Access Temporary Parks, National Park Service, Department of Works. Amendment Act of 2007’’ received on Decem- the Interior, transmitting, pursuant to law, EC–4407. A communication from the Prin- ber 13, 2007; to the Committee on Homeland the report of a rule entitled ‘‘Special Regula- cipal Deputy Associate Administrator, Office Security and Governmental Affairs. tions; Yellowstone and Grand Teton Na- of Policy, Economics and Innovation, Envi- EC–4418. A communication from the Chair- tional Parks and the John D. Rockefeller, Jr. ronmental Protection Agency, transmitting, man, Council of the District of Columbia, Memorial Parkway—Winter Use’’ (RIN1024– pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report on AD29) received on December 12, 2007; to the ‘‘Extension of Tolerances for Emergency Ex- D.C. Act 17–213 , ‘‘School Proximity Traffic Committee on Energy and Natural Re- emptions (Multiple Chemicals)’’ (FRL No. Calming Temporary Amendment Act of 2007’’ sources. 8339–2) received on December 13, 2007; to the received on December 13, 2007; to the Com- EC–4398. A communication from the Acting Committee on Environment and Public mittee on Homeland Security and Govern- Assistant Secretary for Fish and Wildlife and Works. mental Affairs. Parks, National Park Service, Department of EC–4408. A communication from the Acting EC–4419. A communication from the Chair- the Interior, transmitting, pursuant to law, Regulations Officer, Social Security Admin- man, Council of the District of Columbia, the report of a rule entitled ‘‘Authentic Na- istration, transmitting, pursuant to law, the transmitting, pursuant to law, a report on tive Handicrafts’’ (RIN1024–AD20) received on report of a rule entitled ‘‘Privacy and Disclo- D.C. Act 17-214 , ‘‘Lower Income Homeowner- December 12, 2007; to the Committee on En- sure of Official Records and Information’’ ship Cooperative Housing Association Re- ergy and Natural Resources. (RIN0960–AG14) received on December 12, Clarification Temporary Act of 2007’’ re- EC–4399. A communication from the Assist- 2007; to the Committee on Finance. ceived on December 13, 2007; to the Com- ant Secretary for Fish and Wildlife and EC–4409. A communication from the Chief mittee on Homeland Security and Govern- Parks, National Park Service, Department of of the Publications and Regulations Branch, mental Affairs. the Interior, transmitting, pursuant to law, Internal Revenue Service, Department of the EC–4420. A communication from the Chair- the report of a rule entitled ‘‘Special Regula- Treasury, transmitting, pursuant to law, the man, Council of the District of Columbia, tions—National Capital Region—Parking’’ report of a rule entitled ‘‘Treatment of Cer- transmitting, pursuant to law, a report on (RIN1024–AD40) received on December 12, tain Foreign Currency Transactions’’ (Rev- D.C. Act 17-215 , ‘‘Department of Small and 2007; to the Committee on Energy and Nat- enue Ruling 2008–1) received on December 10, Local Business Development Subcontracting ural Resources. 2007; to the Committee on Finance. Clarification, Benefit Expansion, and Grant- EC–4400. A communication from the Assist- EC–4410. A communication from the Chief making Authority Temporary Amendment ant Secretary for Land and Minerals Man- of the Publications and Regulations Branch, Act of 2007’’ received on December 13, 2007; to agement, Department of the Interior, trans- Internal Revenue Service, Department of the the Committee on Homeland Security and mitting, pursuant to law, the report of a rule Treasury, transmitting, pursuant to law, the Governmental Affairs. entitled ‘‘Indian Oil Valuation’’ (RIN1010– report of a rule entitled ‘‘Timing, Character, EC–4421. A communication from the Chair- AD00) received on December 17, 2007; to the Source and Other Issues Respecting Prepaid man, Council of the District of Columbia, Committee on Energy and Natural Re- Forward Contracts and Similar Arrange- transmitting, pursuant to law, a report on sources. ments’’ (Notice 2008–2) received on December D.C. Act 17-216 , ‘‘School Modernization Use EC–4401. A communication from the Under 10, 2007; to the Committee on Finance. of Funds Requirements Temporary Amend- Secretary for Science, Department of En- EC–4411. A communication from the Chief ment Act of 2007’’ received on December 13, ergy, transmitting, pursuant to law, a report of the Publications and Regulations Branch, 2007; to the Committee on Homeland Secu- relative to energy and water supplies; to the Internal Revenue Service, Department of the rity and Governmental Affairs. Committee on Energy and Natural Re- Treasury, transmitting, pursuant to law, the EC–4422. A communication from the Chair- sources. report of a rule entitled ‘‘Fast Track Loan man, Council of the District of Columbia,

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.110 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15909 transmitting, pursuant to law, a report on Amendment Act of 2007’’ received on Decem- S. 901. A bill to amend the Public Health D.C. Act 17-210 , ‘‘Health Services Planning ber 13, 2007; to the Committee on Homeland Service Act to provide additional authoriza- Program Re-establishment Temporary Security and Governmental Affairs. tions of appropriations for the health centers Amendment Act of 2007’’ received on Decem- EC–4434. A communication from the Chair- program under section 330 of such Act. ber 13, 2007; to the Committee on Homeland man, Council of the District of Columbia, By Mr. KENNEDY, from the Committee on Security and Governmental Affairs. transmitting, pursuant to law, a report on Health, Education, Labor, and Pensions, EC–4423. A communication from the Chair- D.C. Act 17–192, ‘‘Neighborhood Investment with an amendment in the nature of a sub- man, Council of the District of Columbia, Amendment Act of 2007’’ received on Decem- stitute: transmitting, pursuant to law, a report on ber 13, 2007; to the Committee on Homeland S. 1551. A bill to amend the Public Health D.C. Act 17-208 , ‘‘Mortgage Disclosure Security and Governmental Affairs. Service Act with respect to making progress Amendment Act of 2007’’ received on Decem- EC–4435. A communication from the Direc- toward the goal of eliminating tuberculosis, ber 13, 2007; to the Committee on Homeland tor, Office of Personnel Management, trans- and for other purposes. mitting, pursuant to law, a report relative to Security and Governmental Affairs. f EC–4424. A communication from the Chair- a proposed personnel management dem- man, Council of the District of Columbia, onstration project; to the Committee on EXECUTIVE REPORTS OF transmitting, pursuant to law, a report on Homeland Security and Governmental Af- COMMITTEES D.C. Act 17-206 , ‘‘Heurich House Foundation fairs. Real Property Tax Exemption and Equitable EC–4436. A communication from the Direc- The following executive reports of Real Property Tax Relief Act of 2007’’ re- tor, Office of Personnel Management, trans- nominations were submitted: ceived on December 13, 2007; to the Com- mitting, pursuant to law, the Office’s Annual By Mr. LEVIN for the Committee on mittee on Homeland Security and Govern- Report relative to its competitive sourcing Armed Services. mental Affairs. accomplishments for fiscal year 2007; to the *James Shinn, of New Jersey, to be an As- EC–4425. A communication from the Chair- Committee on Homeland Security and Gov- sistant Secretary of Defense. man, Council of the District of Columbia, ernmental Affairs. *Mary Beth Long, of Virginia, to be an As- transmitting, pursuant to law, a report on EC–4437. A communication from the Direc- sistant Secretary of Defense. D.C. Act 17-207 , ‘‘Southeast Water and Sewer tor, Office of Personnel Management, trans- *John H. Gibson, of Texas, to be an Assist- Improvement Special Assessment Authoriza- mitting, pursuant to law, a report relative to ant Secretary of the Air Force. tion Act of 2007’’ received on December 13, a personnel management demonstration *Craig W. Duehring, of Minnesota, to be an 2007; to the Committee on Homeland Secu- project at the National Nuclear Security Ad- Assistant Secretary of the Air Force. rity and Governmental Affairs. ministration; to the Committee on Home- Air Force nomination of Lt. Gen. Roger A. EC–4426. A communication from the Chair- land Security and Governmental Affairs. Brady, 6581, to be General. man, Council of the District of Columbia, EC–4438. A communication from the Chair- Air Force nomination of Maj. Gen. Richard transmitting, pursuant to law, a report on man, Broadcasting Board of Governors, Y. Newton III, 8008, to be Lieutenant Gen- D.C. Act 17-205 , ‘‘Home Equity Protection transmitting, pursuant to law, the Semi- eral. Act of 2007’’ received on December 13, 2007; to annual Report of the Board’s Inspector Gen- Air Force nomination of Col. Walter D. the Committee on Homeland Security and eral for the period from April 1, 2007, to Sep- Givhan, 4773, to be Brigadier General. Governmental Affairs. tember 30, 2007; to the Committee on Home- Air Force nomination of Maj. Gen. William EC–4427. A communication from the Chair- land Security and Governmental Affairs. L. Shelton, 0678, to be Lieutenant General. man, Council of the District of Columbia, EC–4439. A communication from the Sec- Air Force nomination of Col. Allyson R. transmitting, pursuant to law, a report on retary of the Treasury, transmitting, pursu- Solomon, 1378, to be Brigadier General. D.C. Act 17-198 , ‘‘Closing of a Public Alley in ant to law, a report entitled ‘‘Fiscal Year Air Force nominations beginning with Col. Square N-515, S.O. 07-6534, Act of 2007’’ re- 2007 Financial Report of the U.S. Govern- Christopher F. Burne and ending with Col. ceived on December 13, 2007; to the Com- ment’’; to the Committee on Homeland Secu- Dwight D. Creasy, which nominations were mittee on Homeland Security and Govern- rity and Governmental Affairs. received by the Senate and appeared in the mental Affairs. EC–4440. A communication from the Archi- Congressional Record on December 11, 2007. EC–4428. A communication from the Chair- vist of the United States, transmitting, pur- Army nominations beginning with Colonel man, Council of the District of Columbia, suant to law, the Administration’s inventory Robert B. Abrams and ending with Colonel transmitting, pursuant to law, a report on of commercial and inherently governmental Larry D. Wyche, which nominations were re- D.C. Act 17-197 , ‘‘Closing of a Portion of a activities for fiscal year 2006 and fiscal year ceived by the Senate and appeared in the Public Alley in Square 234, S.O. 07-7717, Act 2007; to the Committee on Homeland Secu- Congressional Record on June 18, 2007. of 2007’’ received on December 13, 2007; to the rity and Governmental Affairs. (minus 1 nominee: Colonel David A. Teeples) Committee on Homeland Security and Gov- EC–4441. A communication from the Chair- Army nomination of Lt. Gen. R. Steven ernmental Affairs. man, Office of General Counsel, Federal Whitcomb, 7058, to be Lieutenant General. EC–4429. A communication from the Chair- Election Commission, transmitting, pursu- Army nomination of Brig. Gen. John A. man, Council of the District of Columbia, ant to law, the report of a rule entitled Macdonald, 0573, to be Major General. transmitting, pursuant to law, a report on ‘‘Electioneering Communications’’ (Notice Army nomination of Col. Dana K. D.C. Act 17-195 , ‘‘Omnibus Sports Consolida- 2007–26) received on December 17, 2007; to the Chipman, 5098, to be Brigadier General. tion Amendment Act of 2007’’ received on De- Committee on Rules and Administration. Army nomination of Brig. Gen. Dennis L. cember 13, 2007; to the Committee on Home- f Celletti, 9486, to be Major General. land Security and Governmental Affairs. Army nomination of Lt. Gen. David P. EC–4430. A communication from the Chair- REPORTS OF COMMITTEES Valcourt, 6455, to be Lieutenant General. man, Council of the District of Columbia, The following reports of committees Mr. LEVIN. Mr. President, for the transmitting, pursuant to law, a report on were submitted: Committee on Armed Services I report D.C. Act 17-194 , ‘‘Closing of a Public Alley in By Mr. BYRD, from the Committee on Ap- favorably the following nomination Square 347, S.O. 06-5596, Act of 2007’’ received propriations: lists which were printed in the on December 13, 2007; to the Committee on Special Report entitled ‘‘Further Revised RECORDS on the dates indicated, and Homeland Security and Governmental Af- Allocation to Subcommittees of Budget To- fairs. tals From the Concurrent Resolution, Fiscal ask unanimous consent, to save the ex- EC–4431. A communication from the Chair- Year 2008’’ (Rept. No. 110–250). pense of reprinting on the Executive man, Council of the District of Columbia, By Mr. SCHUMER, from the Joint Eco- Calendar that these nominations lie at transmitting, pursuant to law, a report on nomic Committee: the Secretary’s desk for the informa- D.C. Act 17–178, ‘‘Advisory Neighborhood Special Report entitled ‘‘The 2007 Joint tion of Senators. Commission Clarification Amendment Act of Economic Report’’ (Rept. No. 110–251). The PRESIDING OFFICER. Without 2007’’ received on December 13, 2007; to the By Mr. LIEBERMAN, from the Committee Committee on Homeland Security and Gov- on Homeland Security and Governmental Af- objection, it is so ordered. ernmental Affairs. fairs, without amendment: Air Force nomination of Joseph V. Treanor EC–4432. A communication from the Chair- H.R. 3571. A bill to amend the Congres- III, 1454, to be Colonel. man, Council of the District of Columbia, sional Accountability Act of 1995 to permit Air Force nomination of Pamala L. transmitting, pursuant to law, a report on individuals who have served as employees of Browngrayson, 7980, to be Major. D.C. Act 17–191 , ‘‘Retail Service Station the Office of Compliance to serve as Execu- Air Force nomination of Alicia J. Edwards, Amendment Act of 2007’’ received on Decem- tive Director, Deputy Executive Director, or 1872, to be Major. ber 13, 2007; to the Committee on Homeland General Counsel of the Office, and to permit Air Force nominations beginning with Security and Governmental Affairs. individuals appointed to such positions to Theresa D. Browndoonquah and ending with EC–4433. A communication from the Chair- serve one additional term. Cheryl A. Johnson, which nominations were man, Council of the District of Columbia, By Mr. KENNEDY, from the Committee on received by the Senate and appeared in the transmitting, pursuant to law, a report on Health, Education, Labor, and Pensions, Congressional Record on December 6, 2007. D.C. Act 17–193, ‘‘District of Columbia Re- with an amendment in the nature of a sub- Air Force nominations beginning with Jef- gional Airports Authority Clarification stitute and an amendment to the title: frey J. Hoffmann and ending with Gerald B.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.113 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15910 CONGRESSIONAL RECORD — SENATE December 18, 2007 Whisler III, which nominations were received Army nomination of Quindola M. Crowley, By Mrs. BOXER for the Committee on En- by the Senate and appeared in the Congres- 9098, to be Lieutenant Colonel. vironment and Public Works. sional Record on December 6, 2007. Army nominations beginning with Paul A. *Kristine L. Svinicki, of Virginia, to be a Air Force nominations beginning with Mabry and ending with Robert Perito, which Member of the Nuclear Regulatory Commis- Kelley A. Brown and ending with Mark A. nominations were received by the Senate and sion for the term of five years expiring June Nielsen, which nominations were received by appeared in the Congressional Record on De- 30, 2012. the Senate and appeared in the Congres- cember 11, 2007. *Gregory B. Jaczko, of the District of Co- sional Record on December 6, 2007. Army nominations beginning with Joseph lumbia, to be a Member of the Nuclear Regu- Air Force nominations beginning with M. Adams and ending with D060256, which latory Commission for the term of five years John R. Shaw and ending with Natalie L. nominations were received by the Senate and expiring June 30, 2013. Restivo, which nominations were received by appeared in the Congressional Record on De- *Nomination was reported with rec- the Senate and appeared in the Congres- cember 11, 2007. sional Record on December 11, 2007. Army nominations beginning with An- ommendation that it be confirmed sub- Army nominations beginning with William thony J. Abati and ending with D060260, ject to the nominee’s commitment to E. Ackerman and ending with Mark A. which nominations were received by the Sen- respond to requests to appear and tes- Vaitkus, which nominations were received ate and appeared in the Congressional tify before any duly constituted com- by the Senate and appeared in the Congres- Record on December 11, 2007. mittee of the Senate. sional Record on November 15, 2007. Army nominations beginning with David (Nominations without an asterisk Army nominations beginning with Rachel P. Acevedo and ending with X1408, which were reported with the recommenda- A. Armstrong and ending with Veronica A. nominations were received by the Senate and Thurmond, which nominations were received appeared in the Congressional Record on De- tion that they be confirmed.) by the Senate and appeared in the Congres- cember 11, 2007. f sional Record on November 15, 2007. Navy nomination of Horace E. Gilchrist, Army nominations beginning with Vivian 8910, to be Lieutenant Commander. INTRODUCTION OF BILLS AND T. Hutson and ending with Laurie E. Sweet, Navy nominations beginning with Richard JOINT RESOLUTIONS which nominations were received by the Sen- W. Sisk and ending with John T. Schofield, The following bills and joint resolu- ate and appeared in the Congressional which nominations were received by the Sen- tions were introduced, read the first Record on November 15, 2007. ate and appeared in the Congressional and second times by unanimous con- Army nominations beginning with Gary D. Record on December 3, 2007. Coleman and ending with Paul E. Whippo, Navy nominations beginning with Stephen sent, and referred as indicated: which nominations were received by the Sen- W. Aldridge and ending with Kristofer J. By Mr. REID (for Mr. BIDEN (for him- ate and appeared in the Congressional Westphal, which nominations were received self, Mr. SPECTER, Mr. GRAHAM, and Record on November 15, 2007. by the Senate and appeared in the Congres- Mr. CARDIN)): Army nomination of Lillian L. Landrigan, sional Record on December 11, 2007. S. 2495. A bill to amend title 18, United 7903, to be Lieutenant Colonel. By Mr. INOUYE for the Committee on States Code, and the Federal Rules of Crimi- Army nominations beginning with Sarah Commerce, Science, and Transportation. nal Procedure with respect to bail bond for- B. Goldman and ending with Micheal B. * Thomas C. Carper, of Illinois, to be a feitures; to the Committee on the Judiciary. Moore, which nominations were received by Member of the Reform Board (Amtrak) for a By Mr. BINGAMAN: the Senate and appeared in the Congres- term of five years. S. 2496. A bill to amend title II of the Ele- sional Record on December 3, 2007. *Nancy A. Naples, of New York, to be a mentary and Secondary Education Act of Army nominations beginning with Ricky Member of the Reform Board (Amtrak) for a 1965 to enhance teaching standards and pro- A. Thomas and ending with Joseph Puskar, term of five years. vide for license portability; to the Com- which nominations were received by the Sen- *Denver Stutler, Jr., of Florida, to be a mittee on Health, Education, Labor, and ate and appeared in the Congressional Member of the Reform Board (Amtrak) for a Pensions. Record on December 3, 2007. term of five years. By Ms. KLOBUCHAR: Army nomination of Tarnjit S. Saini, 7873, *Francis Mulvey, of Maryland, to be a S. 2497. A bill to ensure that families of to be Lieutenant Colonel. Member of the Surface Transportation Board members of the National Guard and Reserve Army nomination of Bockarie Sesay, 1511, for a term expiring December 31, 2012. have full access to mental health care during to be Major. *Carl T. Johnson, of Virginia, to be Admin- the mobilization, deployment, and demobili- Army nomination of Deborah istrator of the Pipeline and Hazardous Mate- zation of such members, and for other pur- Minnickshearin, 3875, to be Major. rials Safety Administration, Department of poses; to the Committee on Armed Services. Army nomination of Stephen L. Franco, Transportation. By Mr. BINGAMAN (for himself and 5820, to be Major. *Coast Guard nomination of Rear Adm. (lh) Mr. DOMENICI): Army nomination of George Quiroa, 9747, Michael R. Seward, 2642, to be Rear Admiral. S. 2498. A bill to authorize the minting of to be Lieutenant Colonel. *Coast Guard nominations beginning with a coin to commemorate the 400th anniver- Army nominations beginning with David Capt. Joseph R. Castillo and ending with sary of the founding of Santa Fe, New Mex- N. Gereski and ending with Clint E. Walker, Capt. Charles W. Ray, which nominations ico, to occur in 2010; to the Committee on which nominations were received by the Sen- were received by the Senate and appeared in Banking, Housing, and Urban Affairs. ate and appeared in the Congressional the Congressional Record on November 1, By Mr. BAUCUS (for himself and Mr. Record on December 3, 2007. 2007. Army nomination of Kimberly K. Johnson, *Coast Guard nominations beginning with GRASSLEY): 4357, to be Major. Rear Adm. (lh) William D. Baumgartner and S. 2499. A bill to amend titles XVIII, XIX, Army nominations beginning with Alan ending with Rear Adm. (lh) Cynthia A. and XXI of the Social Security Act to extend Jones and ending with Chantay P. White, Coogan, which nominations were received by provisions under the Medicare, Medicaid, and which nominations were received by the Sen- the Senate and appeared in the Congres- SCHIP programs, and for other purposes; ate and appeared in the Congressional sional Record on November 1, 2007. considered and passed. By Mr. LEAHY (for himself, Mr. Record on December 3, 2007. Mr. INOUYE. Mr. President, for the Army nominations beginning with Marian HATCH, Mrs. FEINSTEIN, and Mr. Amrein and ending with D060583, which Committee on Commerce, Science, and CORKER): nominations were received by the Senate and Transportation I report favorably the S. 2500. A bill to provide fair compensation appeared in the Congressional Record on De- following nomination lists which were to artists for use of their sound recordings; cember 3, 2007. printed in the RECORD on the dates in- to the Committee on the Judiciary. Army nomination of Daniel J. Judge, 1126, dicated, and ask unanimous consent, to By Mr. JOHNSON (for himself, Mrs. to be Lieutenant Colonel. save the expense of reprinting on the BOXER, Mr. REED, Ms. MIKULSKI, Mr. SALAZAR, Mr. ROCKEFELLER, Mr. Army nominations beginning with Richard Executive Calendar that these nomina- Harrison and ending with Gregory W. Walter, LEAHY, Mr. INOUYE, and Mrs. MUR- which nominations were received by the Sen- tions lie at the Secretary’s desk for the RAY): ate and appeared in the Congressional information of Senators. S. 2501. A bill to amend the Social Security Record on December 6, 2007. The PRESIDING OFFICER. Without Act to protect Social Security cost-of-living Army nominations beginning with Joe R. objection, it is so ordered. adjustments (COLA); to the Committee on Wardlaw and ending with Nickolas Karajohn, *Coast Guard nomination of Robert A. Finance. which nominations were received by the Sen- Stohlman, 0118, to be Captain. By Mr. AKAKA (for himself and Mr. ate and appeared in the Congressional *Coast Guard nomination of Raymond S. INOUYE): Record on December 6, 2007. Kingsley, 9696, to be Lieutenant. S. 2502. A bill to provide for the establish- Army nominations beginning with Vanessa By Mr. BINGAMAN for the Committee on ment of a memorial within Kalaupapa Na- M. Meyer and ending with James E. Adams, Energy and Natural Resources. tional Historical Park located on the island which nominations were received by the Sen- *Jon Wellinghoff, of Nevada, to be a Mem- of Molokai, in the State of Hawaii, to honor ate and appeared in the Congressional ber of the Federal Energy Regulatory Com- and perpetuate the memory of those individ- Record on December 6, 2007. mission for the term expiring June 30, 2013. uals who were forcibly relocated to the

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.116 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15911 Kalaupapa Peninsula from 1866 to 1969, and S. 2514. A bill to amend the Fair Labor ator from the State of Mississippi; consid- for other purposes; to the Committee on En- Standards Act of 1938 to provide for an in- ered and agreed to. ergy and Natural Resources. crease in the Federal minimum wage and to By Mr. NELSON of Florida (for him- By Mr. NELSON of Florida: ensure that increases in the Federal min- self, Mr. MARTINEZ, and Mr. SAND- S. 2503. A bill to exclude from admission to imum wage keep pace with any pay adjust- ERS): the United States aliens who have directly ments for Members of Congress; to the Com- S. Res. 410. A resolution designating Feb- and significantly contributed to the ability mittee on Health, Education, Labor, and ruary 17, 2008, as ‘‘Race Day in America’’ and of Cuba to develop its petroleum resources, Pensions. highlighting the 50th running of the Daytona and for other purposes; to the Committee on By Mr. REID (for Mrs. CLINTON): 500; considered and agreed to. the Judiciary. S. 2515. A bill to amend the Public Health By Mr. CORNYN (for himself and Mrs. By Mr. NELSON of Florida (for him- Service Act to establish a comprehensive na- HUTCHISON): self, Mr. LEAHY, Mr. HAGEL, Mr. tional system for skilled construction work- S. Res. 411. A resolution honoring the life CORKER, Mr. AKAKA, Mrs. CLINTON, ers to assist first responders in disasters; to and recognizing the accomplishments of Mr. INOUYE, Mr. KENNEDY, Mr. the Committee on Health, Education, Labor, Texas civil rights pioneer Dr. Hector P. Gar- KERRY, Mr. LAUTENBERG, Mrs. LIN- and Pensions. cia; considered and agreed to. COLN, Mr. MENENDEZ, Ms. MIKULSKI, By Ms. MIKULSKI (for herself and Mr. By Mr. BURR (for himself and Mrs. Mr. OBAMA, and Mr. TESTER): KENNEDY): DOLE): S. 2504. A bill to amend title 36, United S. 2516. A bill to assist members of the S. Res. 412. A resolution commending the States Code, to grant a Federal charter to Armed Forces in obtaining United States Appalachian State University Mountaineers the Military Officers Association of America, citizenship, and for other purposes; to the of Boone, North Carolina, for winning the and for other purposes; to the Committee on Committee on the Judiciary. 2007 National Collegiate Athletic Association the Judiciary. By Mr. SMITH (for himself, Mr. KERRY, Division 1 Football Championship Subdivi- By Ms. CANTWELL: and Mr. COLEMAN): sion (formerly Division 1-AA) Championship; S. 2505. A bill to allow employees of a com- S. 2517. A bill to amend the Internal Rev- considered and agreed to. mercial passenger airline carrier who receive enue Code of 1986 to provide that the pro- By Mr. BURR (for himself and Mrs. payments in a bankruptcy proceeding to roll ceeds of qualified mortgage bonds may be DOLE): over such payments into an individual re- used to provide refinancing for subprime S. Res. 413. A resolution commending the tirement plan, and for other purposes; to the loans, to provide a temporary increase in the Wake Forest University Demon Deacons of Committee on Finance. volume cap for qualified mortgage bonds, Winston-Salem, North Carolina, for winning By Ms. SNOWE (for herself and Mr. and for other purposes; to the Committee on the 2007 National Collegiate Athletic Asso- DODD): Finance. ciation Men’s Soccer National Champion- S. 2506. A bill to amend the Energy Policy By Mr. BROWNBACK: ship; considered and agreed to. and Conservation Act to modify a provision S. 2518. A bill to amend the Internal Rev- By Mr. BIDEN (for himself and Ms. relating to the Northeast Home Heating Oil enue Code of 1986 to simplify the individual COLLINS): Reserve Account; to the Committee on En- income tax by providing an election for eligi- S. Res. 414. A resolution designating Janu- ergy and Natural Resources. ble individuals to only be subject to a sim- ary 2008 as ‘‘National Stalking Awareness By Mrs. HUTCHISON (for herself and ple, low-rate tax system on gross income Month’’; considered and agreed to. Mrs. BOXER): with an individual tax credit, and for other By Mr. BROWN (for himself, Mr. S. 2507. A bill to address the digital tele- purposes; to the Committee on Finance. VOINOVICH, Mr. OBAMA, Mr. COCHRAN, vision transition in border states; to the f Mrs. BOXER, Ms. STABENOW, Mr. Committee on Commerce, Science, and LEVIN, Mr. MENENDEZ, Mr. STEVENS, Transportation. SUBMISSION OF CONCURRENT AND Mr. ENZI, Mr. ROBERTS, Mr. SCHUMER, By Mr. SALAZAR: SENATE RESOLUTIONS and Mr. LAUTENBERG): S. 2508. A bill to provide for a study of op- The following concurrent resolutions S. Res. 415. A resolution honoring the life tions for protecting the open space charac- and Senate resolutions were read, and and recognizing the accomplishments of Wil- teristics of certain lands in and adjacent to referred (or acted upon), as indicated: liam Karnet ‘‘Bill’’ Willis, pioneer and Hall the Arapaho and Roosevelt National Forests of Fame football player for both Ohio State in Colorado, and for other purposes; to the By Mr. MCCONNELL (for himself, Mr. University and the Cleveland Browns; con- Committee on Energy and Natural Re- REID, Mr. COCHRAN, Mr. DURBIN, Mr. sidered and agreed to. sources. AKAKA, Mr. ALEXANDER, Mr. ALLARD, By Mr. NELSON of Nebraska (for him- By Mr. INHOFE (for himself, Mr. NEL- Mr. BARRASSO, Mr. BAUCUS, Mr. self, Mr. BINGAMAN, Mr. BROWNBACK, SON of Nebraska, and Mr. HAGEL): BAYH, Mr. BENNETT, Mr. BIDEN, Mr. Ms. COLLINS, Mr. CRAPO, Mr. DOMEN- S. 2509. A bill to amend the Safe Drinking BINGAMAN, Mr. BOND, Mrs. BOXER, ICI, Mr. DORGAN, Mr. ENZI, Mr. Water Act to prevent the enforcement of cer- Mr. BROWN, Mr. BROWNBACK, Mr. GRAHAM, Mrs. LINCOLN, Mr. SALAZAR, tain national primary drinking water regula- BUNNING, Mr. BURR, Mr. BYRD, Ms. Mr. TESTER, Mr. ROBERTS, and Mr. tions unless sufficient funding is available or CANTWELL, Mr. CARDIN, Mr. CARPER, ALLARD): variance technology has been identified; to Mr. CASEY, Mr. CHAMBLISS, Mrs. S. Res. 416. A resolution recognizing the the Committee on Environment and Public CLINTON, Mr. COBURN, Mr. COLEMAN, 60th anniversary of the United States Air Works. Ms. COLLINS, Mr. CONRAD, Mr. CORK- Force as an independent military service; By Ms. LANDRIEU (for herself and Mr. ER, Mr. CORNYN, Mr. CRAIG, Mr. considered and agreed to. ISAKSON): CRAPO, Mr. DEMINT, Mr. DODD, Mrs. By Mr. AKAKA: S. 2510. A bill to amend the Public Health DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. S. Con. Res. 59. A concurrent resolution ex- Service Act to provide revised standards for ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. pressing the sense of the Congress that joint quality assurance in screening and evalua- FEINSTEIN, Mr. GRAHAM, Mr. GRASS- custody laws for fit parents should be passed tion of gynecologic cytology preparations, LEY, Mr. GREGG, Mr. HAGEL, Mr. HAR- by each State, so that more children are and for other purposes; to the Committee on KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. raised with the benefits of having a father Health, Education, Labor, and Pensions. INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. and a mother in their lives; to the Com- By Mr. LEAHY (for himself, Mrs. CLIN- JOHNSON, Mr. KENNEDY, Mr. KERRY, mittee on Health, Education, Labor, and TON, Mr. SHELBY, Ms. MIKULSKI, and Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, Pensions. Ms. LANDRIEU): Ms. LANDRIEU, Mr. LAUTENBERG, Mr. By Mr. BAUCUS (for himself and Mr. S. 2511. A bill to amend the grant program LEAHY, Mr. LEVIN, Mr. LIEBERMAN, KYL): for law enforcement armor vests to provide Mrs. LINCOLN, Mr. LUGAR, Mr. MAR- S. Con. Res. 60. A concurrent resolution ex- for a waiver of or reduction in the matching TINEZ, Mr. MCCAIN, Mrs. MCCASKILL, pressing the sense of Congress relating to ne- funds requirement in the case of fiscal hard- Mr. MENENDEZ, Ms. MIKULSKI, Ms. gotiating a free trade agreement between the ship; to the Committee on the Judiciary. MURKOWSKI, Mrs. MURRAY, Mr. NEL- United States and Taiwan; to the Committee By Mr. COCHRAN: SON of Florida, Mr. NELSON of Ne- on Finance. S. 2512. A bill to establish the Mississippi braska, Mr. OBAMA, Mr. PRYOR, Mr. By Mr. REID (for himself and Mr. Delta National Heritage Area in the State of REED, Mr. ROBERTS, Mr. ROCKE- MCCONNELL): Mississippi, and for other purposes; to the FELLER, Mr. SALAZAR, Mr. SANDERS, S. Con. Res. 61. A concurrent resolution Committee on Energy and Natural Re- Mr. SCHUMER, Mr. SESSIONS, Mr. providing for a conditional adjournment or sources. SHELBY, Mr. SMITH, Ms. SNOWE, Mr. recess of the Senate, and a conditional ad- By Mr. KENNEDY (for himself and Mr. SPECTER, Ms. STABENOW, Mr. STE- journment of the House of Representatives; KERRY): VENS, Mr. SUNUNU, Mr. TESTER, Mr. considered and agreed to. S. 2513. A bill to modify the boundary of THUNE, Mr. VITTER, Mr. VOINOVICH, By Mr. LEAHY (for himself, Mr. SPEC- the Minute Man National Historical Park, Mr. WARNER, Mr. WEBB, Mr. TER, and Mr. KYL): and for other purposes; to the Committee on WHITEHOUSE, and Mr. WYDEN): S. Con. Res. 62. A resolution to correct the Energy and Natural Resources. S. Res. 409. A resolution commending the enrollment of H.R. 660; considered and agreed By Mr. REID (for Mrs. CLINTON): service of the Honorable Trent Lott, a Sen- to.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.148 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15912 CONGRESSIONAL RECORD — SENATE December 18, 2007 ADDITIONAL COSPONSORS (Ms. KLOBUCHAR) was added as a co- S. 1011 S. 22 sponsor of S. 450, a bill to amend title At the request of Mr. LEVIN, his name At the request of Mr. WEBB, the name XVIII of the Social Security Act to re- was added as a cosponsor of S. 1011, a of the Senator from South Dakota (Mr. peal the medicare outpatient rehabili- bill to change the name of the National JOHNSON) was added as a cosponsor of tation therapy caps. Institute on Drug Abuse to the Na- S. 22, a bill to amend title 38, United S. 513 tional Institute on Diseases of Addic- States Code, to establish a program of At the request of Mr. LEAHY, the tion and to change the name of the Na- educational assistance for members of name of the Senator from Oregon (Mr. tional Institute on Alcohol Abuse and the Armed Forces who serve in the WYDEN) was added as a cosponsor of S. Alcoholism to the National Institute Armed Forces after September 11, 2001, 513, a bill to amend title 10, United on Alcohol Disorders and Health. and for other purposes. States Code, to revive previous author- S. 1270 S. 65 ity on the use of the Armed Forces and At the request of Mr. AKAKA, the At the request of Mr. INHOFE, the the militia to address interference with name of the Senator from Oregon (Mr. name of the Senator from Oregon (Mr. State or Federal law, and for other pur- SMITH) was added as a cosponsor of S. SMITH) was added as a cosponsor of S. poses. 1270, a bill to amend title IV of the Em- 65, a bill to modify the age-60 standard S. 561 ployee Retirement Income Security for certain pilots and for other pur- At the request of Mr. BUNNING, the Act of 1974 to require the Pension Ben- poses. name of the Senator from Indiana (Mr. efit Guaranty Corporation, in the case S. 211 LUGAR) was added as a cosponsor of S. of airline pilots who are required by At the request of Ms. KLOBUCHAR, her 561, a bill to repeal the sunset of the regulation to retire at age 60, to com- name was added as a cosponsor of S. Economic Growth and Tax Relief Rec- pute the actuarial value of monthly 211, a bill to facilitate nationwide onciliation Act of 2001 with respect to benefits in the form of a life annuity availability of 2–1–1 telephone service the expansion of the adoption credit commencing at age 60. for information and referral on human and adoption assistance programs. S. 1515 services. volunteer services, and for IDEN S. 661 At the request of Mr. B , the other purposes. name of the Senator from Alaska (Ms. At the request of Ms. KLOBUCHAR, her S. 218 name was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor At the request of Ms. SNOWE, the of S. 1515, a bill to establish a domestic name of the Senator from Maine (Ms. 661, a bill to establish kinship navi- gator programs, to establish guardian- violence volunteer attorney network to COLLINS) was added as a cosponsor of S. represent domestic violence victims. 218, a bill to amend the Internal Rev- ship assistance payments for children, and for other purposes. S. 1577 enue Code of 1986 to modify the income At the request of Mr. KOHL, the name S. 790 threshold used to calculate the refund- of the Senator from Minnesota (Ms. able portion of the child tax credit. At the request of Mr. LUGAR, the KLOBUCHAR) was added as a cosponsor names of the Senator from Minnesota S. 311 of S. 1577, a bill to amend titles XVIII (Mr. COLEMAN) and the Senator from At the request of Ms. LANDRIEU, the and XIX of the Social Security Act to Ohio (Mr. BROWN) were added as co- name of the Senator from Illinois (Mr. require screening, including national sponsors of S. 790, a bill to amend the OBAMA) was added as a cosponsor of S. criminal history background checks, of Richard B. Russell National School 311, a bill to amend the Horse Protec- direct patient access employees of Lunch Act to permit the simplified tion Act to prohibit the shipping, skilled nursing facilities, nursing fa- transporting, moving, delivering, re- summer food programs to be carried cilities, and other long-term care fa- ceiving, possessing, purchasing, selling, out in all States and by all service in- cilities and providers, and to provide or donation of horses and other equines stitutions. for nationwide expansion of the pilot to be slaughtered for human consump- S. 807 program for national and State back- tion, and for other purposes. At the request of Mrs. LINCOLN, the ground checks on direct patient access S. 316 name of the Senator from Kentucky employees of long-term care facilities At the request of Mr. KOHL, the name (Mr. BUNNING) was added as a cosponsor or providers. of the Senator from Ohio (Mr. BROWN) of S. 807, a bill to amend the Com- S. 1661 was added as a cosponsor of S. 316, a prehensive Environmental Response bill to prohibit brand name drug com- At the request of Mr. DORGAN, the Compensation and Liability Act of 1980 names of the Senator from Tennessee panies from compensating generic drug to provide that manure shall not be (Mr. ALEXANDER) and the Senator from companies to delay the entry of a ge- considered to be a hazardous substance, Connecticut (Mr. DODD) were added as neric drug into the market. pollutant, or contaminant. S. 382 cosponsors of S. 1661, a bill to commu- S. 932 At the request of Ms. COLLINS, the nicate United States travel policies At the request of Mrs. LINCOLN, the name of the Senator from Minnesota and improve marketing and other ac- name of the Senator from Louisiana (Ms. KLOBUCHAR) was added as a co- tivities designed to increase travel in (Ms. LANDRIEU) was added as a cospon- sponsor of S. 382, a bill to amend the the United States from abroad. sor of S. 932, a bill to amend title XVIII Public Health Service Act to establish S. 1842 of the Social Security Act to authorize a State family support grant program At the request of Mr. KENNEDY, the physical therapists to evaluate and to end the practice of parents giving name of the Senator from Minnesota legal custody of their seriously emo- treat Medicare beneficiaries without a (Ms. KLOBUCHAR) was added as a co- tionally disturbed children to State requirement for a physician referral, sponsor of S. 1842, a bill to amend title agencies for the purpose of obtaining and for other purposes. XVIII of the Social Security Act to mental health services for those chil- S. 937 provide for patient protection by lim- dren. At the request of Ms. KLOBUCHAR, her iting the number of mandatory over- S. 432 name was added as a cosponsor of S. time hours a nurse may be required to At the request of Mrs. LINCOLN, the 937, a bill to improve support and serv- work in certain providers of services to name of the Senator from Minnesota ices for individuals with autism and which payments are made under the (Ms. KLOBUCHAR) was added as a co- their families. Medicare Program. sponsor of S. 432, a bill to amend title S. 999 S. 1843 XVIII of the Social Security Act to At the request of Mr. COCHRAN, the At the request of Mr. KENNEDY, the provide coverage for kidney disease name of the Senator from Minnesota name of the Senator from Connecticut education services under the Medicare (Ms. KLOBUCHAR) was added as a co- (Mr. LIEBERMAN) was added as a co- program, and for other purposes. sponsor of S. 999, a bill to amend the sponsor of S. 1843, a bill to amend title S. 450 Public Health Service Act to improve VII of the Civil Rights Act of 1964 and At the request of Mr. ENSIGN, the stroke prevention, diagnosis, treat- the Age Discrimination in Employment name of the Senator from Minnesota ment, and rehabilitation. Act of 1967 to clarify that an unlawful

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.119 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15913 practice occurs each time compensa- sponsibility in lending and expanded S. 2468, a bill to authorize the Sec- tion is paid pursuant to a discrimina- cancellation of debts owed to the retary of Agriculture (acting through tory compensation decision or other United States and the international fi- the Chief of the Forest Service) to practice, and for other purposes. nancial institutions by low-income enter into a cooperative agreement S. 1858 countries, and for other purposes. with the State of Wyoming to allow At the request of Mr. DODD, the name S. 2188 the State of Wyoming to conduct cer- of the Senator from Minnesota (Ms. At the request of Mr. BINGAMAN, the tain forest and watershed restoration KLOBUCHAR) was added as a cosponsor name of the Senator from New York services, and for other purposes. of S. 1858, a bill to amend the Public (Mr. SCHUMER) was added as a cospon- S.J. RES. 27 Health Service Act to establish grant sor of S. 2188, a bill to amend title At the request of Mrs. DOLE, the programs to provide for education and XVIII of the Social Security Act to es- name of the Senator from Minnesota outreach on newborn screening and co- tablish a prospective payment system (Mr. COLEMAN) was added as a cospon- ordinated followup care once newborn instead of the reasonable cost-based re- sor of S.J. Res. 27, a joint resolution screening has been conducted, to reau- imbursement method for Medicare-cov- proposing an amendment to the Con- thorize programs under part A of title ered services provided by Federally stitution of the United States relative XI of such Act, and for other purposes. qualified health centers and to expand to the line item veto. S. 1951 the scope of such covered services to S. CON. RES. 53 At the request of Mr. BAUCUS, the account for expansions in the scope of At the request of Mr. NELSON of Flor- name of the Senator from Minnesota services provided by Federally quali- ida, the name of the Senator from New (Ms. KLOBUCHAR) was added as a co- fied health centers since the inclusion Jersey (Mr. MENENDEZ) was added as a sponsor of S. 1951, a bill to amend title of such services for coverage under the cosponsor of S. Con. Res. 53, a concur- XIX of the Social Security Act to en- Medicare Program. rent resolution condemning the kid- sure that individuals eligible for med- S. 2289 napping and hostage-taking of 3 United ical assistance under the Medicaid pro- At the request of Mr. ALEXANDER, the States citizens for over 4 years by the gram continue to have access to pre- name of the Senator from Utah (Mr. Revolutionary Armed Forces of Colom- scription drugs, and for other purposes. HATCH) was added as a cosponsor of S. bia (FARC), and demanding their im- S. 2069 2289, a bill to amend chapter 111 of title mediate and unconditional release. At the request of Mr. DURBIN, the 28, United States Code, to limit the du- f name of the Senator from South Da- ration of Federal consent decrees to STATEMENTS ON INTRODUCED kota (Mr. JOHNSON) was added as a co- which State and local governments are sponsor of S. 2069, a bill to increase the a party, and for other purposes. BILLS AND JOINT RESOLUTIONS United States financial and pro- S. 2332 By Mr. REID (for Mr. BIDEN (for grammatic contributions to promote At the request of Mr. DORGAN, the himself, Mr. SPECTER, Mr. economic opportunities for women in name of the Senator from New Mexico GRAHAM and Mr. CARDIN)): developing countries. (Mr. BINGAMAN) was added as a cospon- S. 2495. A bill to amend title 18, S. 2102 sor of S. 2332, a bill to promote trans- United States Code, and the Federal At the request of Mr. BINGAMAN, the parency in the adoption of new media Rules of Criminal Procedure with re- names of the Senator from Rhode Is- ownership rules by the Federal Com- spect to bail bond forfeitures; to the land (Mr. REED), the Senator from munications Commission, and to estab- Committee on the Judiciary. South Dakota (Mr. JOHNSON) and the lish an independent panel to make rec- Mr. BIDEN. Mr. President, I rise on Senator from New Jersey (Mr. LAUTEN- ommendations on how to increase the behalf myself, Senators ARLEN SPEC- BERG) were added as cosponsors of S. representation of women and minori- TER, LINDSEY GRAHAM, and BEN CARDIN 2102, a bill to amend title II of the So- ties in broadcast media ownership. to introduce the Bail Bond Fairness cial Security Act to phase out the 24- S. 2368 Act of 2007. This bill will ensure that month waiting period for disabled indi- At the request of Mr. PRYOR, the all defendants, not just rich defend- viduals to become eligible for Medicare name of the Senator from Delaware ants, have access to bail and pre-trial benefits, to eliminate the waiting pe- (Mr. CARPER) was added as a cosponsor release. riod for individuals with life-threat- of S. 2368, a bill to provide immigration The Bail Reform Act was meant to ening conditions, and for other pur- reform by securing America’s borders, ensure the defendant’s appearance in poses. clarifying and enforcing existing laws, court. Over the past 2 decades, however, many judges have been forfeiting S. 2119 and enabling a practical employer verification program. bonds for behavior outside the predict- At the request of Mr. JOHNSON, the ability or control of a bondsman. If S. 2428 names of the Senator from California bondsmen are forced to warrant behav- EINSTEIN At the request of Mr. NELSON of Flor- (Mrs. F ) and the Senator from ior they can’t predict or control, they ENNEDY ida, his name was added as a cosponsor Massachusetts (Mr. K ) were will raise their rates, rendering bonds added as cosponsors of S. 2119, a bill to of S. 2428, a bill to direct the Secretary unavailable to many indigent defend- require the Secretary of the Treasury of Education to establish and maintain ants. These defendants will the go to to mint coins in commemoration of a public website through which individ- jail pending trial, swelling our prison veterans who became disabled for life uals may find a complete database of population and draining our budget. while serving in the Armed Forces of available scholarships, fellowships, and This bill mandates that a bail bond the United States. other programs of financial assistance may be forfeited only if a defendant in the study of science, technology, en- S. 2159 fails to appear in court as ordered. Pro- gineering, and mathematics. At the request of Mr. NELSON of Flor- fessional bail agents would be able to ida, the name of the Senator from New S. 2453 return to the Federal court system to Mexico (Mr. BINGAMAN) was added as a At the request of Mr. ALEXANDER, the provide bail for defendants because bail cosponsor of S. 2159, a bill to require name of the Senator from New Hamp- would not be forfeited for violations of the Secretary of the Treasury to mint shire (Mr. GREGG) was added as a co- conditions that are completely out of coins in commemoration of the 50th sponsor of S. 2453, a bill to amend title their control such as failure to main- anniversary of the establishment of the VII of the Civil Rights Act of 1964 to tain employment. National Aeronautics and Space Ad- clarify requirements relating to non- Let me be clear, this bill does not ministration. discrimination on the basis of national change a judge’s authority to set or re- S. 2166 origin. strict bail. We’re not talking about At the request of Mr. CASEY, the S. 2468 putting more criminals back into the name of the Senator from Oregon (Mr. At the request of Mr. BARRASSO, the community. A judge still has to deter- WYDEN) was added as a cosponsor of S. name of the Senator from Wyoming mine a defendant’s flight risk and 2166, a bill to provide for greater re- (Mr. ENZI) was added as a cosponsor of threat to the community and make a

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.120 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15914 CONGRESSIONAL RECORD — SENATE December 18, 2007 judgment regarding pretrial release in flexible teaching to accommodate dif- Other studies demonstrate that the terms of bail amount and conditions. ferent learning styles; educators’ rec- more content-specific college Violent criminals will—and should—be ognition of the need to foster critical coursework a math or science teacher held in custody. thinking, creativity, and problem-solv- pursues prior to teaching, the higher Please join us in ensuring that all de- ing skills in addition to subject area that teacher’s students will score in fendants, regardless of wealth, have acknowledge; and demographic changes math or science. Further, a study ap- cess to pretrial release in the Federal in student diversity such as the recent pearing in Science showed that higher system. dramatic increase in English-language student outcomes are also associated learners and the increased inclusion of with more positive classroom experi- By Mr. BINGAMAN: students with disabilities in the class- ences, and that these classroom experi- S. 2496. A bill to amend title II of the room. ences can be measured by standardized Elementary and Secondary Education Specifically, this bill would provide a observations of the instructional and Act of 1965 to enhance teaching stand- funding mechanism to develop or refine social support teachers provide. To- ards and provide for license portability; 21st century teaching standards, and to gether, these and other studies illus- to the Committee on Health, Edu- link those standards to performance- trate that teachers’ knowledge and cation, Labor, and Pensions. based teacher assessments. It would their observable skills in the classroom Mr. BINGAMAN. Mr. President, I rise also provide subgrants to states to are significant influences on student today to introduce the Enhancing adopt, pilot, and implement these achievement. Teaching Standards and License Port- teaching standards and associated Although solid grounding in content ability Act of 2007. This bill would en- teacher assessments, and align their knowledge is necessary for 21st century courage the development and imple- teacher licensing systems accordingly. learners, it alone is not sufficient. Stu- mentation of rigorous 21st century In addition, the bill would promote and dents today need to develop creativity, teaching standards throughout the U.S. facilitate reciprocity and portability of critical thinking skills, and problem Since the release of the 1983 report, A teaching licenses across states. I am solving abilities to compete in our Nation at Risk, educators and policy- very pleased that this bill is supported global economy. This means that makers have sought to strengthen our by several education groups devoted to teachers must teach higher-order Nation’s weakening grip on global com- enhancing the quality and coherence of thinking skills in addition to content petitiveness. Despite these efforts, low teaching standards, including the information, and create opportunities achievement outcomes for too many Council of Chief State School Officers, to learn. Research has shown that stu- students, particularly low income stu- the American Association of Colleges dents of teachers who can convey high- dents, remain a threat to our current for Teacher Education, the National er-order thinking skills and subject and future standing in the global econ- Association of Secondary School Prin- knowledge actually outperform stu- omy, and to our children’s future secu- cipals, the National Council of Teach- dents whose teachers teach only sub- rity. I am concerned about the con- ers of Mathematics, the International ject knowledge. tinuing struggles of many of our Reading Association, the National As you know, Mr. President, students schools. Science Teachers Association, and the in the 21st century represent diversity. In order to graduate from high school National Commission on Teaching and For example, the U.S. Department of ready to succeed in postsecondary edu- America’s Future. Education reports that the rate of cation and the workforce, students I believe it is important to acknowl- English-language learners has in- need a world-class 21st century edu- edge that we have made some progress creased by 169 percent in the last 20 cation. Their success depends on access in improving teacher quality. As sum- years, in contrast to an increase of to high quality teachers who have both marized in the Secretary of Edu- only 12 percent in the overall student state-of-the-art content knowledge and cation’s Fifth Annual Report on Teach- population. Nationwide, 10 percent of excellent teaching skills. Teachers de- er Quality, the percentage of teachers all students are English-language serve access to the most up-to-date who lack a full teaching certificate has learners. In my state of New Mexico, teaching standards if they are to attain declined, from 3.3 to 2.5 percent of all the rate is 22 percent, second only to these professional criteria. Moreover, classroom teachers. Progress has also California, where over 25 percent of assessments of quality teaching must been reported in aligning States’ K–12 students are English-language learners. be based on the characteristics that are student content standards with teacher According to the National Academies known to influence student achieve- certification standards; and the num- Report, How People Learn, teachers ment outcomes. ber of new teachers passing required need to develop an expertise grounded The Enhancing Teaching Standards State assessment exams remains high on the theories of learning, including and License Portability Act provides at 95 percent. The minimum examina- theories that concern how cultural be- the commitment and resources needed tion scores required to pass these liefs and personal characteristics of to help teachers attain these 21st cen- exams, however, are generally lower learners influence their learning proc- tury teaching skills. than the national median scores for ess. This teaching knowledge promotes In the early 1990s, the Interstate New these assessments. Such low criteria learning for all children. In fact, stu- Teacher Assessment and Support Con- are in conflict with the NCLB defini- dents whose teachers receive profes- sortium, INTASC, developed core tion of a highly qualified teacher as sional development in teaching diverse teaching standards for beginning someone with demonstrated com- students outperform students of teach- teachers, standards that have since petence in content-area subject matter. ers who lack this training. been used—voluntarily—by individual Current teacher standards fail to dem- These are just a few examples of the States to develop teaching and certifi- onstrate, much less ensure, this com- research linking student outcomes to cation requirements. Professional or- petency. teacher characteristics. Linking these ganizations such as the National Coun- Researchers have demonstrated the characteristics to rigorous teaching cil of Teachers of Mathematics also de- importance of teacher competency for performance standards is an oppor- veloped subject-area teaching stand- student outcomes, arguing that class- tunity to provide world class education ards. This bill would build upon these room practices and other aspects of to our students in the 21st century. It efforts to improve teacher quality by teaching affect student achievement as is time to improve our teaching stand- supporting the refinement, develop- much as, if not more than, student ards. ment, and testing of K–12 teaching characteristics. A recent Education Towards this goal, the Enhancing standards aligned with demands of the Week report revealed that teachers Teaching Standards and License Port- 21st century. These demands reflect who score higher vs. lower on state liability Act has four main objectives. content area advances in subject areas censing exams tend to have students First, to improve teacher quality by such as science and technology; ad- who themselves achieve higher scores, supporting the development of rigorous vances in understanding of how stu- particularly in mathematics, even kindergarten through grade 12 teaching dents learn; the principle of universal when other factors linked to high standards that incorporate 21st century design for learning that advocates achievement are taken into account. teaching and learning skills, and to

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.129 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15915 promote alignment of these standards lack of curriculum cohesion is believed ‘‘(B) Assessment of teacher knowledge, with performance-based teacher assess- to account for several negative con- skills, and competencies. ments; sequences. Children who experience ‘‘(3) 21ST CENTURY LEARNING SKILLS.—The Second, to create incentives for several school changes are more likely term ‘21st century learning skills’ means the skills, knowledge, and competencies that States to adopt, pilot, and implement to receive below-grade level reading students should master to succeed in post- such rigorous kindergarten through and math achievement scores than secondary education and the workforce of grade 12 teaching standards and per- their peers who have never changed the 21st century, including creativity and in- formance-based teacher assessments schools; they are also more prone to novation skills, critical thinking and prob- through a competitive grants process; grade retention, and have an increased lem-solving skills, communication and col- Third, to promote efforts for States high school dropout rate. laboration skills, information and tech- to align these teaching standards and I believe this legislation can go a nology literacy, civic and health literacy, performance-based teacher assessments long way in improving our Nation’s adaptability, social and cross-cultural skills, and leadership skills. to State licensing requirements; and educational achievement rates by im- Finally, to create incentives for proving teacher quality and licensing ‘‘SEC. 2373. GRANT PROGRAM AUTHORIZED. ‘‘(a) AUTHORIZATION.—The Secretary is au- States to develop policies that would portability. I also believe that this leg- facilitate license reciprocity and port- thorized to award a competitive grant to an islation is critical to strengthening our eligible entity to enable such entity to carry ability. global competitiveness because quality out the following: Although this bill would not mandate teaching is a route to helping students ‘‘(1) The development or updating of core that model teaching standards be meet high standards. I hope that this teaching standards and content-specific kin- adopted by the states, the trends dem- legislation will be included in the reau- dergarten through grade 12 teaching stand- onstrate that widespread adoption is thorization of the Elementary and Sec- ards that are rigorous and incorporate 21st likely. For instance, after INTASC de- ondary Education Act of 1965, as century learning skills and recent research and expert knowledge on teaching practices. veloped model teaching standards in amended, and I urge my colleagues to 1992, 38 States adopted the standards in ‘‘(2) The development of teacher assess- support this legislation. ments linked to the kindergarten through developing their own statewide stand- Mr. President, I ask unanimous con- grade 12 teaching standards that can be used ards. Over 20 States are reviewing the sent that the text of the bill and a let- for licensing, are valid and reliable, and are NCTM Curriculum Focal Points to deter of support be printed in the performance-based. velop mathematics curriculum stand- RECORD. ‘‘(3) The awarding of subgrants as de- ards. Over 22 States currently rely on There being no objection, the mate- scribed in subsection (b)(2) to State edu- the same standardized teaching rial was ordered to be printed in the cational agencies. ‘‘(4) The provision of technical assistance credentialing test, and another 10 RECORD, as follows: adopt a second widely available test. to States in the adoption, pilot testing, and S. 2496 implementation of kindergarten through The availability of model 21st century Be it enacted by the Senate and House of Rep- grade 12 teaching standards and teacher as- teaching standards could have a pro- resentatives of the United States of America in sessments as described in paragraph (2). found influence on K–12 education na- Congress assembled, ‘‘(5) The provision of technical assistance tionwide, and this bill would provide SECTION 1. SHORT TITLE. to States to facilitate teacher license port- incentives for States to adopt and test This Act may be cited as the ‘‘Enhancing ability across States through changes in rel- these standards. Teaching Standards and License Portability evant State policies or the creation of new An added benefit of available model Act of 2007’’. policies for such purpose. teaching standards concerns reciprocal SEC. 2. TEACHING STANDARDS AND LICENSE ‘‘(b) USES OF FUNDS.— teacher certification across States, PORTABILITY. ‘‘(1) DIRECT ACTIVITIES.— Part C of title II of the Elementary and ‘‘(A) FIRST AND SECOND YEARS.—An eligible which could address teacher shortages entity that receives a grant under subsection and curriculum cohesion across states. Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end (a) shall use 100 percent of the funds made Nationally, about 20 percent of teach- the following: available through the grant for the first and ers seek their initial license in a state second fiscal years— ‘‘Subpart 6—Teaching Standards and License ‘‘(i) to develop or update the core teaching other than where they completed their Portability teacher training. This bill would im- standards and content-specific kindergarten ‘‘SEC. 2371. PURPOSES. through grade 12 teaching standards; and prove the capacity of States to collabo- ‘‘The purposes of this subpart are the fol- ratively address teacher shortages ‘‘(ii) to develop and pilot test teacher per- lowing: formance assessments that can be used to through increased teacher certification ‘‘(1) To support the development of rig- supplement or supplant current State licens- reciprocity, by promoting alignment of orous kindergarten through grade 12 teaching exams. the teaching standards with State li- ing standards that incorporate 21st century ‘‘(B) THIRD YEAR AND BEYOND.—An eligible censing systems. learning skills. entity that receives a grant under subsection Finally, the availability of widely ‘‘(2) To create incentives for States to (a) shall use not more than 40 percent of the used model standards would support a adopt, pilot, and implement such rigorous funds made available through the grant for platform for horizontal coherence of kindergarten through grade 12 teaching the third fiscal year, not more than 30 per- standards. teaching and curriculum standards. A cent of the funds made available through the ‘‘(3) To create incentives for States to grant for the fourth fiscal year, and not State’s voluntary use of updated rig- align the States’ teacher licensing systems more than 20 percent of the funds made orous standards would promote core to such rigorous kindergarten through grade available through the grant for the fifth fis- similarities that offer additional bene- 12 teaching standards. cal year— fits for mobile students who suffer set- ‘‘(4) To create incentives for States to de- ‘‘(i) to continue pilot testing and vali- backs when faced with inconsistent velop policies to facilitate teacher license dating the teacher performance assessments; curriculum. portability across States in order to improve ‘‘(ii) to disseminate the kindergarten Student mobility, defined as the per- the capacity of States to collaboratively ad- through grade 12 teaching standards, assess- dress teacher shortages. centage of students who transfer in or ments, and any other materials that States out of a school during a given school ‘‘SEC. 2372. DEFINITIONS. may need to properly evaluate and adopt ‘‘In this subpart: such standards, assessments, and materials; year, occurs in both inner-city and sub- ‘‘(1) CORE TEACHING STANDARDS.—The term ‘‘(iii) to provide technical assistance to urban school districts. Rates in inner ‘core teaching standards’ means standards States in— city schools range from 45 to as high as that all beginning teachers should know and ‘‘(I) adopting the kindergarten through 80 percent. In suburban schools, mobil- be able to teach in order to practice respon- grade 12 teaching standards; ity rates may be as high as 10 to 40 per- sibly, regardless of the subject matter or ‘‘(II) pilot testing the teacher assessments; cent. Although overall mobility indices grade level being taught. and in the U.S. are not rising, the percent- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(III) reliably and accurately admin- age of moves that occur across state entity’ means an organization representing istering and interpreting the teacher assess- administrators of State educational agencies ments; and lines has increased from approximately in partnership with 1 or more independent ‘‘(iv) to fund research activities that fur- 16 to 19 percent since 2000. When chil- professional organizations with expertise in ther the development of kindergarten dren change schools, they often must the following areas: through grade 12 teaching standards and as- adapt to a different curriculum; and ‘‘(A) Teacher preparation and licensure. sessments.

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.099 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15916 CONGRESSIONAL RECORD — SENATE December 18, 2007 ‘‘(2) SUBGRANTS.—An eligible entity that OCTOBER 12, 2007. In 2010, the City of Santa Fe will receives a grant under subsection (a) shall Hon. JEFF BINGAMAN, commemorate the arrival of Spanish use not less than 60 percent of the funds U.S. Senate, settlers and the designation of the City made available through the grant for the Washington, DC. of Santa Fe as the capital city of the third fiscal year, not less than 70 percent of DEAR SENATOR BINGAMAN: The undersigned the funds made available through the grant organizations would like to thank you for in- Spanish territory now known as New for the fourth fiscal year, and not less than troducing the Enhancing Teaching Stand- Mexico. On their arrival the Spaniards 80 percent of the funds made available ards and License Portability Act of 2007 and found a thriving Native American cul- through the grant for the fifth fiscal year to express our support for this critical bill. Our ture. These native American and Span- award subgrants to State educational agen- education system can only be successful if ish cultures served to enrich each other cies to pay the Federal share of the costs of every child receives instruction from high- and led to a creation of a vibrant so- carrying out the following activities in the quality teachers with the most up-to-date cial, cultural, and financial center that States: skills and knowledge. The education commu- made the settlement of the western ‘‘(A) To adopt the core teaching standards nity has been working diligently to improve and content-specific kindergarten through teaching in this country, and this act will U.S. possible. Although it was not al- grade 12 teaching standards developed or up- continue to move these efforts forward. We ways a smooth road it is the unique dated by the eligible entity. believe firmly in the goals of this bill: combination of the Spanish, native ‘‘(B) To align the States’ teacher licensing Supporting development of rigorous kin- American, and Anglo cultures in Santa systems to such standards, which may in- dergarten through grade 12 teaching stand- Fe that make it an American treasure. clude the pilot testing and use of teacher as- ards that incorporate 21st century learning Santa Fe has long been heralded for its sessments developed by the eligible entity skills. thriving arts community, as a world under paragraph (1)(A)(ii). Creating incentives for states to: adopt, class travel destination, and for its ‘‘(C) To change relevant policies or intro- pilot, and, implement rigorous kindergarten duce new policies to facilitate teacher li- through grade 12 teaching standards; align natural beauty. These treasures and its cense portability across the States. teacher licensing systems to the rigorous proud history as a cultural meeting place make Santa Fe worthy of the na- ‘‘SEC. 2374. APPLICATIONS. kindergarten through grade 12 teaching standards; and, develop policies to facilitate tional recognition of a commemorative ‘‘(a) GRANT APPLICATION.— teacher license portability across states in coin. I urge all Senators to support this ‘‘(1) IN GENERAL.—An eligible entity that order to improve the capacity of states to bill. desires a grant under this subpart shall sub- collaboratively address teacher shortages. mit to the Secretary an application at such Mr. President, I ask unanimous con- We support rigorous and relevant teaching sent that the text of the bill be printed time, in such manner, and accompanied by standards that provide high expectations for such information as the Secretary may re- what our teachers should know and be able in the RECORD. quire. to do. These standards and the aligned li- There being no objection, the text of ‘‘(2) CONTENTS.—In an application sub- censing systems will further assist teacher the bill was ordered to be printed in mitted under paragraph (1), an eligible enti- preparation programs in how to most effec- the RECORD, as follows: ty shall include, at a minimum, a description tively prepare teachers for today’s class- S. 2498 of the capability of the entity to carry out rooms and ensure that our students are Be it enacted by the Senate and House of Rep- section 2373(b). taught only by high-quality teachers. Also, resentatives of the United States of America in ‘‘(b) SUBGRANT APPLICATION.— as we work to address teacher shortages and Congress assembled, ‘‘(1) IN GENERAL.—A State educational as our society grows increasingly mobile, SECTION 1. SHORT TITLE. agency that desires a subgrant under this there is great need for teacher license port- This Act may be cited as the ‘‘Santa Fe subpart shall submit an application to the ability across states. States have been work- 400th Anniversary Commemorative Coin Act eligible entity at such time, in such manner, ing on teacher license portability measures, of 2007’’. and accompanied by such information as the and this bill will further build on these ini- SEC. 2. FINDINGS. eligible entity may require. tiatives. Overall, this act will help elevate Congress makes the following findings: ‘‘(2) CONTENTS.—In an application sub- the teaching profession in this country so (1) Santa Fe, New Mexico, the site of na- mitted under paragraph (1), a State edu- every child has access to a world-class edu- tive occupation centuries before European cational agency shall include, at a min- cation. incursions, was officially elevated from a imum, a description of how the agency plans Thank you for your leadership on this im- plaza established in 1608 to a villa and cap- to carry out the activities described in sub- portant issue, and we look forward to con- ital city in 1610. Santa Fe has been the meet- paragraphs (A), (B), and (C) of section tinuing to work with you on improving ing place and home of many cultures. 2373(b)(2). teaching in America. (2) The Palace of the Governors, built in ‘‘SEC. 2375. FEDERAL SHARE. Sincerely, the early 17th century served as the gov- American Association of Colleges for ‘‘(a) FEDERAL SHARE.—For State edu- ernor’s quarters and the seat of government Teacher Education. cational agencies receiving a subgrant under under 3 flags. It is the oldest continuously Council of Chief State School Officers. section 2371(b)(2), the Federal share of the used public building in the United States. International Reading Association. cost of carrying out the activities described (3) La Fiesta de Santa Fe, a cultural, reli- National Association of Secondary School in subparagraphs (A), (B), and (C) of section gious, and social celebration, commemo- Principals. 2371(b)(2) shall be 50 percent. rating the resettlement of Santa Fe by Gen- National Commission on Teaching and ‘‘(b) PAYMENT OF NON-FEDERAL SHARE.— eral Don Diego de Vargas in 1692 continues America’s Future. today as an attraction for tourists and locals The non-Federal share may be paid in cash National Council of Teachers of Mathe- or in kind (fairly evaluated). alike. matics. (4) At the nexus of 3 historically important ‘‘SEC. 2376. REPORTS TO CONGRESS. National Science Teachers Association. trails, Santa Fe brought people and goods to- ‘‘Not later than 2 years after the date gether over the Santa Fe Trail to and from funds are first made available to carry out By Mr. BINGAMAN (for himself Missouri, California, and Mexico City. this subpart, and again 2 years thereafter, and Mr. DOMENICI): (5) Commerce on the Santa Fe Trail the Comptroller General of the United States S. 2498. A bill to authorize the mint- brought a much needed boost to the economy shall submit to the appropriate committees ing of a coin to commemorate the 400th of the American West during the recession of of Congress a report regarding activities as- anniversary of the founding of Santa the early 19th century. Santa Fe was the ren- sisted under this subpart. Fe, New Mexico, to occur in 2010; to the dezvous place for traders, mountain men and ‘‘SEC. 2377. SUPPLEMENT, NOT SUPPLANT. Committee on Banking, Housing, and forty-niners on route to California, and is today home to a multicultural citizenry and ‘‘Funds made available to carry out this Urban Affairs. world class art market. subpart shall be used to supplement, and not Mr. BINGAMAN. Mr. President, I rise (6) The Santa Fe area is a center of market supplant, other Federal, State, and local today to introduce a bill to authorize activity for arts and culture year round, cul- funds available to carry out the øpurposes the minting of a commemorative coin minating in the world renowned Indian Mar- described in section 2371¿. in recognition of the 400th anniversary ket, Spanish Colonial Art Market, and Inter- ‘‘SEC. 2378. AUTHORIZATION OF APPROPRIA- of the Spanish arrival in Santa Fe, NM. national Folk Art Market. TIONS. This bill has the strong support of the (7) New Mexico is the home to the oldest ‘‘There are authorized to be appropriated entire New Mexico delegation and is and continuously inhabited indigenous com- to carry out this subpart— munities in North America. Native commu- ‘‘(1) $4,000,000 for each of fiscal years 2008 co-sponsored by Senator DOMENICI and nities now residing in New Mexico include— and 2009; and a companion bill will be introduced in (A) Acoma Pueblo; ‘‘(2) $10,000,000 for each of fiscal years 2010, the House by Representative TOM (B) Alamo Navajo Chapter; 2011, and 2012.’’. UDALL. (C) Canoncito Navajo Chapter;

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(D) Cochiti Pueblo; (b) DESIGN SELECTION.—Subject to sub- other data of the entities specified in sub- (E) Isleta Pueblo; section (a), the design for the coins minted section (a), as may be related to the expendi- (F) Jemez Pueblo; under this Act shall be selected by the Sec- ture of amounts distributed under subsection (G) Jicarilla Apache Tribe; retary, and shall be reviewed by the Citizens (a). (H) Laguna Pueblo; Commemorative Coin Advisory Committee. SEC. 9. FINANCIAL ASSURANCES. (I) Mescalero Apache Tribe; SEC. 5. ISSUANCE OF COINS. (a) NO NET COST TO THE GOVERNMENT.—The (J) Nambe Pueblo; (a) QUALITY OF COINS.—Coins minted under Secretary shall take such actions as may be (K) Picuris Pueblo; this Act shall be issued in uncirculated and necessary to ensure that minting and issuing (L) Pojoaque Pueblo; proof qualities. coins under this Act will not result in any (M) Ramah Navaho Chapter; (b) MINT FACILITY.—Only 1 facility of the net cost to the United States Government. (N) San Felipe Pueblo; United States Mint may be used to strike (b) PAYMENT FOR COINS.—A coin shall not (O) San Ildefonso Pueblo; any particular quality of the coins minted be issued under this Act unless the Secretary (P) San Juan Pueblo; under this Act. has received— (Q) Sandia Pueblo; (c) PERIOD FOR ISSUANCE.—The Secretary (1) full payment for the coin; (R) Santa Ana Pueblo; may issue coins minted under this Act only (2) security satisfactory to the Secretary (S) Santa Clara Pueblo; during the period beginning on January 1, to indemnify the United States for full pay- (T) Santo Domingo Pueblo; 2010, and ending on December 31, 2010. ment; or (U) Taos Pueblo; SEC. 6. SALE OF COINS. (3) a guarantee of full payment satisfac- (V) Tesuque Pueblo; tory to the Secretary from a depository in- (a) SALE PRICE.—The coins minted under (W) Zia Pueblo; this Act shall be sold by the Secretary at a stitution, the deposits of which are insured (X) Zuni Pueblo; and price equal to the sum of— by the Federal Deposit Insurance Corpora- (Y) many others that disappeared or were (1) the face value of the coins; tion or the National Credit Union Adminis- moved after European contact. (2) the surcharge provided in subsection (c) tration. (8) The Pueblo Revolt of 1680 is known to with respect to such coins; and be one of the first ‘‘American Revolutions’’ (3) the cost of designing and issuing the By Mr. LEAHY (for himself, Mr. when the Pueblo people ousted Spanish colo- coins (including labor, materials, dies, use of HATCH, Mrs. FEINSTEIN, and Mr. nists from New Mexico. machinery, overhead expenses, marketing, CORKER): (9) The Santa Fe area has long attracted and shipping). S. 2500. A bill to provide fair com- tourists, artists, and writers. The classic (b) PREPAID ORDERS.— pensation to artists for use of their novel Ben Hur was written, in part, by then (1) IN GENERAL.—The Secretary shall ac- sound recordings; to the Committee on Governor Lew Wallace, in the Palace of the cept prepaid orders for the coins minted Governors. the Judiciary. under this Act before the issuance of such Mr. LEAHY. Mr. Presdient, today, (10) A commemorative coin will help to coins. foster an understanding and appreciation of Senator HATCH and I are, once again, (2) DISCOUNT.—Sale prices with respect to introducing important intellectual New Mexico, its history and culture and the prepaid orders under paragraph (1) shall be importance of Santa Fe and New Mexico to at a reasonable discount. property legislation together. We are the history of the United States and the (c) BULK SALES.—The Secretary shall make introducing the Performance Rights world. bulk sales of the coins minted under this Act Act of 2007 for a very simple and clear SEC. 3. COIN SPECIFICATIONS. at a reasonable discount. reason: artists should be compensated (a) $5 GOLD COINS.—The Secretary of the (d) SURCHARGE.—All sales of coins minted fairly for the use of their work. Treasury (in this Act referred to as the ‘‘Sec- under this Act shall include a surcharge of— I am an avid music fan. Music enter- retary’’) shall issue not more than 100,000 $5 (1) $35 per coin for the $5 coin; and tains, enlightens, and inspires us. Much coins, which shall— (2) $10 per coin for the $1 coin. (1) weigh 8.359 grams; of the music enjoyed by most Ameri- SEC. 7. GENERAL WAIVER OF PROCUREMENT (2) have a diameter of 0.850 inches; and REGULATIONS. cans, including myself, was first heard (3) contain 90 percent gold and 10 percent (a) IN GENERAL.—Except as provided in on traditional, over-the-air radio. alloy. subsection (b), no provision of law governing There is no question that radio play (b) $1 SILVER COINS.—The Secretary shall procurement or public contracts shall be ap- promotes artists and their sound re- issue not more than 500,000 $1 coins, which plicable to the procurement of goods and shall— cordings; there is also no doubt that services necessary for carrying out the provi- (1) weigh 26.73 grams; radio stations profit directly from sions of this Act. (2) have a diameter of 1.500 inches; and playing the artists’ recordings. (b) EQUAL EMPLOYMENT OPPORTUNITY.— (3) contain 90 percent silver and 10 percent When radio stations broadcast music, Subsection (a) shall not relieve any person copper. listeners are enjoying the intellectual entering into a contract under the authority (c) LEGAL TENDER.—The coins minted property of two creative artists the under this Act shall be legal tender, as proof this Act from complying with any law relating to equal employment opportunity. songwriter and the performer. The suc- vided in section 5103 of title 31, United States cess, and the artistic quality, of any re- Code. SEC. 8. DISTRIBUTION OF SURCHARGES. (d) NUMISMATIC ITEMS.—For purposes of (a) RECIPIENTS.— corded song depends on both. Radio section 5132(a)(1) of title 31, United States (1) IN GENERAL.—All surcharges received by stations pay songwriters for a license Code, all coins minted under this Act shall the Secretary from the sale of coins minted to broadcast the music they have com- be considered to be numismatic items. under this Act shall be promptly paid by the posed. That is proper, and that is fair. (e) SOURCES OF BULLION.— Secretary to the recipients listed under para- The songwriters’ work is promoted by (1) GOLD.—The Secretary shall obtain gold graphs (2) and (3). the air play, but no one seriously ques- for minting coins under this Act from domes- (2) SANTA FE 400TH ANNIVERSARY COM- tions that the songwriter should be tic sources, and pursuant to the authority of MITTEE.—The Secretary shall distribute 50 the Secretary under section 5116 of title 31, percent of the surcharges described under paid for the use of his or her work. United States Code. paragraph (1) to the Santa Fe 400th Anniver- But the performing artist is not paid (2) SILVER.—The Secretary shall obtain sil- sary Committee, Inc., to support programs by the radio station. The time has ver for the coins minted under this Act only to promote the understanding of the legacies come to end this inequity. Its histor- from stockpiles established under the Stra- of Santa Fe. ical justification has been overtaken tegic and Critical Minerals Stock Piling Act (3) OTHER RECIPIENTS.—The Secretary shall by technological change; the econom- (50 U.S.C. 98 et seq.). distribute 50 percent of the surcharges de- ics of the radio industry of years past SEC. 4. DESIGN OF COINS. scribed under paragraph (1) to the Secretary has been superseded by entirely new (a) DESIGN REQUIREMENTS.— of the Department of the Interior, for the business models. Webcasters com- (1) IN GENERAL.—The design of the coins purposes of— minted under this Act shall be emblematic (A) sustaining the ongoing mission of pre- pensate performing artists, satellite of the settlement of Santa Fe, New Mexico, serving Santa Fe; radio compensates performing artists, the oldest capital city in the United States. (B) enhancing the national and inter- and cable companies compensate per- (2) DESIGNATION AND INSCRIPTIONS.—On national educational programs; forming artists; only terrestrial broad- each coin minted under this Act, there shall (C) improving infrastructure and archae- casters still do not pay for the use of be— ological research activities; and sound recordings. Artists should have (A) a designation of the value of the coin; (D) conducting other programs to support the same rights regardless of whether (B) an inscription of the year ‘‘2010’’; and the commemoration of the 400th anniversary (C) inscriptions of the words ‘‘Liberty’’, of Santa Fe. it is a terrestrial broadcaster or a ‘‘In God We Trust’’ (on the face of the coin), (b) AUDITS.—The Comptroller General of webcaster using and profiting from ‘‘United States of America’’, and ‘‘E Pluribus the United States shall have the right to ex- their work. Radio play may have pro- Unum’’. amine such books, records, documents, and motional value to the artist, but there

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.133 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15918 CONGRESSIONAL RECORD — SENATE December 18, 2007 is a property right in the sound record- if’’ and inserting ‘‘subsection (f) if, other mittee chairman PATRICK LEAHY and ing, and those that create the content than for a nonsubscription and noninter- myself. There is no doubt the subject of should be compensated for its use. active broadcast transmission,’’. performance rights is important and In ensuring artists are compensated, SEC. 3. SPECIAL TREATMENT FOR SMALL, NON- deserves the Senate’s attention. COMMERCIAL, EDUCATIONAL, AND two other principles important to me RELIGIOUS STATIONS AND CERTAIN I recognize that there is no easy solu- are reflected in this legislation. First, USES. tion to the performance rights issue be- noncommercial and small commercial (a) SMALL, NONCOMMERCIAL, EDUCATIONAL, cause it is a complex area of the law. radio stations should be nurtured, and AND RELIGIOUS RADIO STATIONS.— However, I believe the time has come not threatened by a change in the law. (1) IN GENERAL.—Section 114(f)(2) of title 17, for Congress to begin the process of Second, songwriters, who now are, as United States Code, is amended by adding at balancing the interests of all involved the end the following: they should be, paid for use of their ‘‘(D) Notwithstanding the provisions of and forging a fair and reasonable com- work should not have their rights di- subparagraphs (A) through (C), each indi- promise. minished in any way. vidual terrestrial broadcast station that has I have had the opportunity to get to The legislation we introduce today gross revenues in any calendar year of less know some of the finest and talented on a bipartisan basis, along with com- than $1,250,000 may elect to pay for its over- individuals this country has to offer. panion bipartisan legislation being in- the-air nonsubscription broadcast trans- Some are under the wrong impression troduced today in the House of Rep- missions a royalty fee of $5,000 per year, in that artists in the music industry are resentatives, provides that artists will lieu of the amount such station would other- making a fortune, but they are not be compensated by broadcasters for the wise be required to pay under this paragraph. aware that all too often it is a struggle Such royalty fee shall not be taken into ac- use of their work. Noncommercial sta- count in determining royalty rates in a pro- to survive for the overwhelming major- tions—from Vermont Public Radio ceeding under chapter 8, or in any other ad- ity of them in the cut-throat music in- which broadcasts ‘‘Saturday Afternoon ministrative, judicial, or other Federal Gov- dustry. at the Opera,’’ to the campus radio sta- ernment proceeding. By amending sections 106 and 114 of tion at St. Michael’s college that plays ‘‘(E) Notwithstanding the provisions of the Copyright Act, the Performance ‘‘Those Monday Blues’’ and ‘‘The Odds subparagraphs (A) through (C), each indi- Rights Act of 2007 would apply the per- and Evens Jazz Show’’—have a dif- vidual terrestrial broadcast station that is a formance right in a sound recording to ferent mission than commercial sta- public broadcasting entity as defined in sec- all audio transmissions thereby remov- tion 118(f) may elect to pay for its over-the- ing the exemption on paying perform- tions, and therefore need a different air nonsubscription broadcast transmissions status, one that will subject the sta- a royalty fee of $1,000 per year, in lieu of the ance royalties currently in place for tions only to a nominal flat fee for use amount such station would otherwise be re- over-the-air broadcasters. of sound recordings. Commercial radio quired to pay under this paragraph. Such The legislation also provides for a stations that have a revenue under royalty fee shall not be taken into account blanket license of $5,000 for small com- $1.25 million, which comprises roughly in determining royalty rates in a proceeding mercial broadcasters whose gross reve- three-fourths of all music radio sta- under chapter 8, or in any other administra- nues do not exceed $1.25 million a year. tions, will also have a flat fee option. tive, judicial, or other Federal Government In addition, noncommercial broad- proceeding.’’. Traditional, over-the-air radio re- casters as defined by section 118 of the (2) PAYMENT DATE.—A payment under sub- mains vital to the vibrancy of our paragraph (D) or (E) of section 114(f)(2) of Copyright Act, such as public, edu- music culture, and I want to continue title 17, United States Code, as added by cational and religious stations would to see it prosper as it transitions to paragraph (1), shall not be due until the due have a blanket license of $1,000 per digital. But I also want to ensure that date of the first royalty payments for non- year. No payment would be due until the performing artist the one whose subscription broadcast transmissions that the Copyright Royalty Board deter- sound recordings drive the success of are determined, after the date of the enact- mines the rates for large commercial broadcast radio is fairly compensated. ment of this Act, under such section 114(f)(2) broadcasters. The proposed language Mr. President, I ask unanimous con- by reason of the amendment made by section provides that sound recordings used 2(b)(2) of this Act. sent that the text of the bill be printed (b) TRANSMISSION OF RELIGIOUS SERVICES; only incidentally by a broadcaster and in the RECORD. INCIDENTAL USES OF MUSIC.—Section 114(d)(1) sound recordings used in the trans- There being no objection, the text of of title 17, United States Code, as amended mission of a religious service are ex- the bill was ordered to be printed in by section 2(b), is further amended by insert- empt. the RECORD, as follows: ing the following before subparagraph (B): S. 2500 further includes a per program S. 2500 ‘‘(A) an eligible nonsubscription trans- license option for terrestrial broadcast mission of— Be it enacted by the Senate and House of Rep- stations that make limited feature ‘‘(i) services at a place of worship or other uses of sound recordings. Finally, the resentatives of the United States of America in religious assembly; and Congress assembled, ‘‘(ii) an incidental use of a musical sound legislation strengthens the provision in SECTION 1. SHORT TITLE. recording;’’. section 114 that preserves the rights of This Act may be cited as the ‘‘Performance SEC. 4. AVAILABILITY OF PER PROGRAM LI- songwriters and clarifies that nothing Rights Act’’. CENSE. in the Performance Rights Act of 2007 SEC. 2. EQUITABLE TREATMENT FOR TERRES- Section 114(f)(2)(B) of title 17, United shall adversely affect the public per- TRIAL BROADCASTS. States Code, is amended by inserting after formance rights of songwriters or copy- (a) PERFORMANCE RIGHT APPLICABLE TO the second sentence the following new sen- right owners of musical works. RADIO TRANSMISSIONS GENERALLY.—Section tence: ‘‘Such rates and terms shall include a 106(6) of title 17, United States Code, is I believe in the legislative process per program license option for terrestrial and hope that concerns raised by inter- amended to read as follows: broadcast stations that make limited feature ‘‘(6) in the case of sound recordings, to per- uses of sound recordings.’’. ested parties can be resolved in a fair form the copyrighted work publicly by SEC. 5. NO HARMFUL EFFECTS ON SONG- and equitable manner. I do not have an means of an audio transmission.’’. WRITERS. ax to grind, nor do I want to hurt any (b) INCLUSION OF TERRESTRIAL BROADCASTS (a) PRESERVATION OF ROYALTIES ON UNDER- industry. To my friends in the broad- IN EXISTING PERFORMANCE RIGHT.—Section LYING WORKS.—Section 114(i) of title 17, casting community, let me say that I 114(d)(1) of title 17, United States Code, is United States Code, is amended in the second am acutely aware of your cir- amended— sentence by striking ‘‘It is the intent of Con- (1) in the matter preceding subparagraph cumstances and concerns, and I cannot gress that royalties’’ and inserting ‘‘Royal- stress enough that my primary goal is (A), by striking ‘‘a digital’’ and inserting ties’’. ‘‘an’’; and (b) PUBLIC PERFORMANCE RIGHTS AND ROY- to make sure that Congress handles (2) by striking subparagraph (A). ALTIES.—Nothing in this Act shall adversely this in the most even-handed way. Let (c) INCLUSION OF TERRESTRIAL BROADCASTS affect in any respect the public performance me also stress that I look upon cre- IN EXISTING STATUTORY LICENSE SYSTEM.— rights of or royalties payable to songwriters ating a performance right in a sound Section 114(j)(6) of title 17, United States or copyright owners of musical works. recording to all audio transmissions as Code, is amended by striking ‘‘digital’’. (d) ELIMINATING REGULATORY BURDENS FOR Mr. HATCH. Mr. President, I rise the first step in addressing some of the TERRESTRIAL BROADCAST STATIONS.—Section today to express my support for the major issues affecting the music indus- 114(d)(2) is amended in the matter preceding Performance Rights Act of 2007, S. 2500, try. And I look forward to working subparagraph (A) by striking ‘‘subsection (f) introduced today by Judiciary Com- closely with Chairman LEAHY and my

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.101 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15919 colleagues in carefully considering S. 2505. A bill to allow employees of a Mr. President, I ask unanimous con- what additional measures are needed. commercial passenger airline carrier sent that the text of the bill and a bill who receive payments in a bankruptcy summary be printed in the RECORD. By Mr. AKAKA (for himself and proceeding to roll over such payments There being no objection, the mate- Mr. INOUYE): into an individual retirement plan, and rial was ordered to be printed in the S. 2502. A bill to provide for the es- for other purposes; to the Committee RECORD, as follows: tablishment of a memorial within on Finance. S. 2505 Kalaupapa National Historical Park lo- Ms. CANTWELL. Mr. President, in Be it enacted by the Senate and House of Rep- cated on the island of Molokai, in the the wake of the terrorist attacks of resentatives of the United States of America in States of Hawaii, to honor and perpet- September 11, 2001, the air travel indus- Congress assembled, uate the memory of those individuals try has suffered tremendous economic SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY who were forcibly relocated to the hardship. In particular, airline workers Kalaupapa Peninsula from 1866 to 1969, TO ELIGIBLE RETIREMENT PLANS. have been forced to take cuts in pay (a) GENERAL RULE.—If— and for other purposes; to the Com- and benefits which have dramatically (1) a qualified airline employee receives mittee on Energy and Natural Re- reduced their financial security now any eligible rollover amount, and sources. and in their retirement years. (2) the qualified airline employee transfers Mr. AKAKA. Mr. President, I rise Airline pilots and other union airline any portion of such amount to an individual today to submit legislation that pro- employees have lost in excess of $30 bil- retirement plan (as defined in section vides for the establishment of a memo- 7701(a)(37) of the Internal Revenue Code of lion in pay and over $7 billion in de- rial within Kalaupapa National Histor- 1986) within 180 days of receipt of such fined benefit pension benefits. In addi- ical Park, in the State of Hawaii, to amount (or, if later, within 180 days of the tion, many airline workers have lost honor and perpetuate the memory of date of the enactment of this Act), their jobs. For example, on September then, except as provided in subsection (b), those Hansen’s disease patients who 11, 2001, there were 10,500 active Delta such amount (to the extent so transferred) were forcibly relocated to the pilots. Today, there are 6,700. shall not be includible in gross income for Kalaupapa Peninsula from 1866 to 1969. Since the attacks, many of our Na- the taxable year in which paid. This tragedy began in 1865 when the (b) TRANSFERS TO ROTH IRAS.— tion’s airlines were forced to file for Kingdom of Hawai‘i instituted a cen- (1) IN GENERAL.—If a transfer described in tury-long policy of forced segregation bankruptcy—and terminate or freeze subsection (a) is made to a Roth IRA (as de- of those afflicted with Hansen’s dis- their defined benefit pension plans. The fined in section 408A of the Internal Revenue ease, also known as leprosy. Land was largest of these airline bankruptcies Code of 1986), then— set aside in order to seclude those who involved United Airlines, U.S. Airways, (A) 50 percent of the portion of any eligible Delta Air Lines and Northwest Air- rollover amount so transferred shall be in- were thought to be capable of spread- cludible in gross income in the first taxable ing the disease. Kalaupapa was chosen lines. In all of these bankruptcies, a huge share of the cost savings was year following the taxable year in which the due to its’ isolated and inaccessible lo- eligible rollover amount was paid, and cation. To the south, Kalaupapa faces borne by the airline employees, who (B) 50 percent of such portion shall be in- sheer cliffs with over 2,000 feet in suffered massive cuts in pay and bene- cludible in gross income in the second tax- height. To the east, north, and west, fits. able year following the taxable year in which Kalaupapa is surrounded by an often- In 2001, Congressional relief focused the eligible rollover amount was paid. temperamental ocean. on the airline carriers, offering loan (2) ELECTION TO INCLUDE IN INCOME IN YEAR During this period of time, over 8,000 packages and other economic relief. In OF PAYMENT.—Notwithstanding paragraph (1), a qualified airline employee may elect to people were sent there, of which, only 2004 and 2006, Congress provided additional assistance to those airline car- include any portion so transferred in gross about 1,300 graves have been identified. income in the taxable year in which the eli- Most of those who were sent to riers that were able to avoid termi- gible rollover amount was paid. Kalaupapa before 1900 have no marked nation of their defined benefit plans. (3) INCOME LIMITATIONS NOT TO APPLY.—The graves. Others were buried in places However, past Congressional actions limitations described in section 408A(c)(3) of marked with a cross or a bare tomb- will never restore the lost retirement the Internal Revenue Code of 1986 shall not stone, but those markers have seen benefits for those airline workers apply to a transfer to which paragraph (1) or great deterioration over time. As a re- whose defined benefit plans were termi- (2) applies. (c) TREATMENT OF ELIGIBLE ROLLOVER sult, there are many family members nated or frozen. This is an important point to empha- AMOUNTS AND TRANSFERS.— and descendants of these residents who (1) TREATMENT OF ELIGIBLE ROLLOVER size. The actions already taken by the cannot find the graves of their loved AMOUNTS FOR EMPLOYMENT TAXES.—For pur- ones and are unable to properly honor Congress to provide economic relief to poses of chapter 21 of the Internal Revenue and pay tribute to them. the airlines and to reduce their future Code of 1986 and section 209 of the Social Se- This monument is to provide closure pension contributions for the con- curity Act, an eligible rollover amount shall and a sense of belonging to these many tinuing plans do not restore benefits to not fail to be treated as a payment of wages family members, who have no knowl- those airline workers who lost pension by the commercial passenger airline carrier benefits in plans that were terminated to the qualified airline employee in the tax- edge of their ancestors’ whereabouts. able year of payment because such amount is Through this monument, the more or frozen. Therefore, I rise to introduce the not includible in gross income by reason of than 8,000 Hansen’s disease patients subsection (a) or is includible in income in a will forever be memorialized as having Lost Retirement Savings Act of 2007 to subsequent taxable year by reason of sub- been a part of the history of provide for a retirement savings option section (b). Kalaupapa. It also allows the world to to those airline workers whose defined (2) TREATMENT OF ROLLOVERS.—A transfer recognize and learn from the tragedy benefit plans were terminated or frozen under subsection (a) shall be treated as a that took place on Kalaupapa, where in bankruptcy proceedings. rollover contribution described in section Under the bill, these airline workers 408(d)(3) of the Internal Revenue Code of 1986, mothers were taken from their chil- except that in the case of a transfer to which dren, husbands from their wives, and would benefit to the extent that they would individually choose to rollover subsection (b) applies, the transfer shall be children from their parents. treated as a qualified rollover contribution There are a few remaining patients of specified bankruptcy payments into a described in section 408A(e) of such Code. Kalaupapa alive today, and time is run- traditional or Roth individual retire- (d) DEFINITIONS AND SPECIAL RULES.—For ning short. For them to live to see this ment account. The intent is to provide purposes of this section— monument, and the memory of their this retirement savings opportunity (1) ELIGIBLE ROLLOVER AMOUNT.— friends and those that preceded them only to those airline employees for (A) IN GENERAL.—The term ‘‘eligible rollover amount’’ means any payment of any honored in this manner, would mean so whom the bankruptcies imposed an economic burden through the substan- money or other property which is payable by much. It will help to guarantee that a commercial passenger airline carrier to a the legacy of Kalaupapa will live on, tial loss of wages and retirement bene- qualified airline employee— and continue to be passed from one fits. (i) under the approval of an order of a Fed- generation to the next. In closing, I urge my Senate col- eral bankruptcy court in a case filed after leagues to take a close look at this bill September 11, 2001, and before January 1, By Ms. CANTWELL: and join me in passing this legislation. 2007, and

VerDate Aug 31 2005 07:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.154 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15920 CONGRESSIONAL RECORD — SENATE December 18, 2007 (ii) in respect of the qualified airline em- contribution. To the extent transferred to a tunately, the program was imple- ployee’s interest in— Roth IRA, the eligible rollover amount shall, mented using 1992 regulations—now 15 (I) a bankruptcy claim against the carrier, at the election of the qualified airline em- years old—and no longer relevant to (II) any note of the carrier (or any amount ployee, be includible in gross income en- real world practice. The bill we are in- paid in lieu of a note being issued), or tirely in the year of payment or 50 percent in troducing today would modernize and (III) any other fixed obligation of the car- the year succeeding the year of payment and rier to pay a lump sum amount. 50% in the second year succeeding the year replace the current program so we can (B) EXCEPTION.—An eligible rollover of payment. help raise the bar of quality in diag- nosing cervical cancer. It would com- amount shall not include any amount pay- TRANSFER PERIODS able on the basis of the carrier’s future earn- pliment the already extensive Federal The transfer of an eligible rollover amount ings or profits. must be made within 180 days after the later quality control standards for Pap tests (2) QUALIFIED AIRLINE EMPLOYEE.—The of date of payment or date of enactment. under CLIA. term ‘‘qualified airline employee’’ means an Without a doubt, regular Pap tests employee or former employee of a commer- REPORTING REQUIREMENTS save women’s lives. We need to make cial passenger airline carrier who was a par- Commercial passenger airline carriers sure that the Federal Government’s ef- ticipant in a defined benefit plan maintained shall report to the Secretary of the Treasury forts to combat cervical cancer are the by the carrier which— the eligible rollover amounts paid to each (A) is a plan described in section 401(a) of qualified airline employee for each year, and most effective they can be. This bill the Internal Revenue Code of 1986 which in- shall provide an individual report to each helps to do just that. I hope my col- cludes a trust exempt from tax under section qualified airline employee. Such reports leagues will join me in supporting this 501(a) of such Code, and shall be due within 90 days after the later of women’s health issue. (B) was terminated or became subject to date of payment or date of enactment. Mr. President, I ask unanimous con- the restrictions contained in paragraphs (2) EFFECTIVE DATE sent that the text of the bill be printed and (3) of section 402(b) of the Pension Pro- Transfers made after date of enactment. in the RECORD. tection Act of 2006. There being no objection, the text of (3) REPORTING REQUIREMENTS.—If a com- By Ms. LANDRIEU (for herself the bill was ordered to be printed in mercial passenger airline carrier pays 1 or the RECORD, as follows: more eligible rollover amounts, the carrier and Mr. ISAKSON): shall, within 90 days of such payment (or, if S. 2510. A bill to amend the Public S. 2510 later, within 90 days of the date of the enact- Health Service Act to provide revised Be it enacted by the Senate and House of Rep- ment of this Act), report— standards for quality assurance in resentatives of the United States of America in (A) to the Secretary, the names of the screening and evaluation of Congress assembled, qualified airline employees to whom such gynecologic cytology preparations, and SECTION 1. SHORT TITLE. amounts were paid, and This Act may be cited as the ‘‘Cytology for other purposes; to the Committee Proficiency Improvement Act of 2007’’. (B) to the Secretary and to such employ- on Health, Education, Labor, and Pen- ees, the years and the amounts of the pay- SEC. 2. REVISED STANDARDS FOR QUALITY AS- ments. sions. SURANCE IN SCREENING AND EVAL- Such reports shall be in such form, and con- Ms. LANDRIEU. Mr. President, I am UATION OF GYNECOLOGIC CYTOL- OGY PREPARATIONS. tain such additional information, as the Sec- pleased to introduce today with my (a) IN GENERAL.—Section 353(f)(4)(B)(iv) of retary of the Treasury may prescribe. colleague, Senator JOHNNY ISAKSON, the Public Health Service Act (42 U.S.C. (e) EFFECTIVE DATE.—This section shall the Cytology Proficiency Improvement 263a(f)(4)(B)(iv)) is amended to read as fol- apply to transfers made after the date of the Act of 2007. This bipartisan legislation lows: enactment of this Act with respect to eligi- enhances women’s health by estab- ‘‘(iv) requirements that each clinical lab- ble rollover amounts paid before, on, or after oratory— such date. lishing an annual continuing medical education, CME, proficiency require- ‘‘(I) ensure that all individuals involved in screening and interpreting cytological prep- SUMMARY OF THE LOST RETIREMENT SAVINGS ment for pathologists and laboratory arations at the laboratory participate annu- ACT OF 2007 professionals who read Pap tests to ally in a continuing medical education pro- ROLLOVER OF DISTRIBUTIONS RECEIVED BY AIR- screen for cervical cancer. The legisla- gram in gynecologic cytology that— LINE EMPLOYEES IN RESPECT OF BANKRUPTCY tion would enhance our fight against ‘‘(aa) is approved by the Accrediting Coun- CLAIMS, NOTES OR FIXED OBLIGATIONS this disease by giving women con- cil for Continuing Medical Education or the If a qualified airline employee transfers fidence in their Pap test results. American Academy of Continuing Medical any portion of an eligible rollover amount to Women in my State of Louisiana and Education; and an individual retirement account (IRA), then across the country deserve no less. ‘‘(bb) provides each individual partici- the eligible rollover amount to the extent so pating in the program with gynecologic transferred shall not be includible in gross Specifically, our legislation would require individuals who examine Pap test cytological preparations (in the form of ref- income for the taxable year in which paid to erenced glass slides or equivalent tech- the qualified airline employee. Further, any slides to participate annually in an nologies) designed to improve the locator, such transfer to an IRA which is excluded outcome-based CME program to evalu- recognition, and interpretive skills of the in- from gross income shall be treated as a roll- ate their interpretative skills. This dividual; over contribution. educational testing program would ‘‘(II) maintain a record of the cytology DEFINITIONS keep pace with cutting edge advances continuing medical education program re- Qualified airline employee—An employee in science and technology. Health pro- sults for each individual involved in screen- or former employee of a commercial pas- fessionals would be challenged with ing and interpreting cytological prepara- senger airline carrier who participated in a complex, difficult cases and would tions at the laboratory; ‘‘(III) provide that the laboratory director qualified defined benefit plan that has been learn through constructive feedback. terminated or frozen. shall take into account such results and Eligible rollover amount—Money or other The bill would also require that labora- other performance metrics in reviewing the property paid by a commercial passenger air- tory directors utilize the CME testing performance of individuals involved in line carrier to a qualified airline employee, results to help assess the performance screening and interpreting cytological prep- in respect of the employee’s interest in a of their laboratory personnel and take arations at the laboratory and, when nec- bankruptcy claim, note or fixed obligation of corrective action as appropriate. Fi- essary, identify needs for remedial training the carrier. Such payment must be made nally, the bill would require that the or a corrective action plan to improve skills; under the approval of an order of a Federal CME results be reviewed by accrediting and ‘‘(IV) submit the continuing education pro- bankruptcy court in a case filed after Sep- organizations as part of federally man- tember 11, 2001 and before January 1, 2007. gram results for each individual and, if ap- dated inspections of laboratories to EMPLOYMENT TAXES propriate, plans for corrective action or re- evaluate Pap test quality. medial training in a timely manner to the Eligible rollover amounts shall be subject In 1988, Congress requested that a cy- laboratory’s accrediting organization for to all applicable employment taxes. tology, Pap test, proficiency program purposes of review and on-going monitoring ROTH ELECTION be established as part of The Clinical by the accrediting organization, including A qualified airline employee may elect to Laboratory Improvement Amend- reviews of the continuing medical education transfer any portion of an eligible rollover ments, CLIA. However, the program program results during on-site inspections of amount to a Roth IRA. Such transfer may be the laboratory.’’. made without regard to the qualified airline lay dormant until 2005 when the Cen- (b) EFFECTIVE DATE AND IMPLEMENTATION; employee’s AGI. Any such transfer to a Roth ters for Medicare and Medicaid, CMS, TERMINATION OF CURRENT PROGRAM OF INDI- IRA shall be treated as a qualified rollover finally implemented a program. Unfor- VIDUAL PROFICIENCY TESTING.—

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.137 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15921 (1) EFFECTIVE DATE AND IMPLEMENTATION.— tice Department spending priorities, This is the least we should do for the Except as provided in paragraph (2), the they saw fit to include more than $25 officers on the front lines who put amendment made by subsection (a) applies million for the Bulletproof Vest Pro- themselves in danger for us every day. to gynecologic cytology services provided on gram in the fiscal year 2008 Consoli- I want to make sure that every police or after the first day of the calendar year beginning 1 year after the date of the enact- dated Omnibus Appropriations bill. officer who needs a bulletproof vest ment of this Act, and the Secretary of Bulletproof vests remain one of the gets one. Health and Human Services (hereafter in foremost defenses for our uniformed of- I look forward to working with the this subsection referred to as the ‘‘Sec- ficers, but law enforcement agencies Senate to pass this bipartisan bill to retary’’) shall issue final regulations imple- nationwide are struggling over how to better to protect our law enforcement menting such amendment not later than 270 find the funds necessary to replace ei- officers. days after such date of enactment. ther aged vests, which have a life ex- There being no objection, the text of (2) TERMINATION OF CURRENT INDIVIDUAL pectancy of roughly 5 years, or pur- the bill was ordered to be printed in TESTING PROGRAM.—The Secretary shall ter- chase new vests for newly hired offi- the RECORD, as follows: minate the individual proficiency testing program established pursuant to section cers. We want to ensure that our law S. 2511 353(f)(4)(B)(iv) of the Public Health Service enforcement officers are outfitted with Be it enacted by the Senate and House of Rep- Act (42 U.S.C. 263a(f)(4)(B)(iv)), as in effect vests that will actually stop bullets resentatives of the United States of America in on the day before the date of enactment of and save lives. Vests cost between $500 Congress assembled, subsection (a), at the end of the calendar and $1,000 each, depending on the style. SECTION 1. MATCHING GRANT PROGRAM FOR year which includes the date of enactment of Officers are being forced to dip into LAW ENFORCEMENT ARMOR VESTS. the amendment made by subsection (a). their own pockets to pay for new vests Section 2501(f) of part Y of title I of the Omnibus Crime Control and Safe Streets Act due to local and State agency budget By Mr. LEAHY (for himself, Mrs. of 1968 (42 U.S.C. 3796ll(f)) is amended by in- shortfalls, and will continue to do so CLINTON, Mr. SHELBY, Ms. serting at the end the following: unless the Federal Government offers MILKULSKI, and Ms. LANDRIEU): ‘‘(3) WAIVER.—The Director may waive, in S. 2511. A bill to amend the grant more help. whole or in part, the requirement of para- The bill we introduce today will give graph (1) in the case of fiscal hardship, as de- program for law enforcement armor discretion to the Director of the Bu- termined by the Director.’’. vests top provide for a waiver of or reduction in the matching funds require- reau of Justice Assistance within the f Justice Department to grant waivers ments in the case of fiscal hardship; to SUBMITTED RESOLUTIONS the Committee on the Judiciary. or reductions in the match requirements for bulletproof vests awards to Mr. LEAHY. Mr. President, I am SENATE RESOLUTION 409—COM- State and local law enforcement agen- pleased to introduce a bill that will MENDING THE SERVICE OF THE cies that can demonstrate fiscal hard- help will build upon our efforts to im- HONORABLE TRENT LOTT, A ship. Our local law enforcement agen- prove the Bulletproof Vest Partnership SENATOR FROM THE STATE OF cies are constantly responding to new Grant Act, which has had so much suc- MISSISSIPPI cess in protecting the lives of law en- challenges, from fighting a recent rise forcement officers across the country. in violent crime to responding to Mr. MCCONNELL (for himself, Mr. The bill introduced today provides a threats of terrorism, and many local- REID, Mr. COCHRAN, Mr. DURBIN, Mr. need-based waiver of matching require- ities lack the resources to effectively AKAKA, Mr. ALEXANDER, Mr. ALLARD, ments that will aid State and local law combat these challenges. Waiving the Mr. BARRASSO, Mr. BAUCUS, Mr. BAYH, enforcement agencies in financial hard- match requirement for life-saving body Mr. BENNETT, Mr. BIDEN, Mr. BINGA- ship purchase body armor for their offi- armor should be available for police MAN, Mr. BOND, Mrs. BOXER, Mr. ROWN ROWNBACK UNNING cers. I thank Senators CLINTON, MIKUL- agencies like those in New Orleans, on B , Mr. B , Mr. B , SKI, SHELBY, and LANDRIEU for joining the Gulf Coast, or in other areas that Mr. BURR, Mr. BYRD, Ms. CANTWELL, me to introduce this bill to give our experience disasters or other cir- Mr. CARDIN, Mr. CARPER, Mr. CASEY, law enforcement officers the protection cumstances that create fiscal hard- Mr. CHAMBLISS, Mrs. CLINTON, Mr. they need. ships. COBURN, Mr. COLEMAN, Ms. COLLINS, I was proud to work with Senator A tragic event in Tennessee in 2005 Mr. CONRAD, Mr. CORKER, Mr. CORNYN, Ben Nighthorse Campbell to author the highlights the need for this legislation. Mr. CRAIG, Mr. CRAPO, Mr. DEMINT, Mr. Bulletproof Vest Partnership Grant Wayne ‘‘Cotton’’ Morgan, a Tennessee DODD, Mrs. DOLE, Mr. DOMENICI, Mr. Act of 1998, which responded to the correctional officer was gunned down DORGAN, Mr. ENSIGN, Mr. ENZI, Mr. tragic Carl Drega shootout in 1997 on on August 9, 2005, outside the Kingston FEINGOLD, Mrs. FEINSTEIN, Mr. the Vermont-New Hampshire border Court House by the wife of an inmate GRAHAM, Mr. GRASSLEY, Mr. GREGG, when two state troopers who did not being escorted by Officer Morgan. He Mr. HAGEL, Mr. HARKIN, Mr. HATCH, have bulletproof vests were killed. The was killed, and the prisoner and his Mrs. HUTCHISON, Mr. INHOFE, Mr. Federal officers who responded to the wife escaped. Officer Morgan was not INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. scenes of the shooting spree were wearing a bulletproof vest, although he KENNEDY, Mr. KERRY, Ms. KLOBUCHAR, equipped with life-saving body armor, repeatedly requested one from the war- Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. but the State and local law enforce- den at Brushy Mountain Prison. The LAUTENBERG, Mr. LEAHY, Mr. LEVIN, ment officers lacked protective vests Tennessee Department of Corrections Mr. LIEBERMAN, Mrs. LINCOLN, Mr. because of the cost. Since its inception Administrative Policies and Proce- LUGAR, Mr. MARTINEZ, Mr. MCCAIN, in 1999, I have worked to reauthorize dures memorandum required that Mrs. MCCASKILL, Mr. MENENDEZ, Ms. this program three times, most re- fitted vests be provided to individuals MIKULSKI, Ms. MURKOWSKI, Mrs. MUR- cently in the 2005 Violence Against assigned to transportation duties. De- RAY, Mr. NELSON of Florida, Mr. NEL- Women and Department of Justice Re- spite this requirement and Officer Mor- SON of Nebraska, Mr. OBAMA, Mr. authorization bill. gan’s repeated requests, he was not PRYOR, Mr. REED, Mr. ROBERTS, Mr. Since 1999, the BVP program has pro- issued a vest due to lack of funding. ROCKEFELLER, Mr. SALAZAR, Mr. SAND- vided $173 million to purchase an esti- This legislation will help ensure that ERS, Mr. SCHUMER, Mr. SESSIONS, Mr. mated 500,000 vests in more than 11,500 no officer is left without a bulletproof SHELBY, Mr. SMITH, Ms. SNOWE, Mr. jurisdictions nationwide. Vermont has vest for lack of resources in his or her SPECTER, Ms. STABENOW, Mr. STEVENS, received more than $600,000 in bullet- department. Mr. SUNUNU, Mr. TESTER, Mr. THUNE, proof vest funding under this program, Our law enforcement officers deserve Mr. VITTER, Mr. VOINOVICH, Mr. WAR- which has been used to purchase 2700 the fundamental protection that bul- NER, Mr. WEBB, Mr. WHITEHOUSE, and vests statewide. letproof vests can provide. Few things Mr. WYDEN) submitted the following I want to thank Senators MIKULSKI mean more to me than when I meet resolution; which was considered and and SHELBY for continuing to recognize Vermont police officers and they tell agreed to: this program as a priority. As Chair me that the protective vests they wear S. RES. 409 and Ranking Member of the Appropria- were made possible because of the Bul- Whereas Chester Trent Lott, a United tions Subcommittee that finalizes Jus- letproof Vests Partnership Program. States Senator from Mississippi, was born to

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.136 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15922 CONGRESSIONAL RECORD — SENATE December 18, 2007 Chester and Iona Watson Lott on October 9, mitted the following resolution; which ican to serve as an ambassador to the United 1941, in Grenada, Mississippi; was: Nations; Whereas Trent Lott was raised in Whereas Dr. Hector P. Garcia was the first S. RES. 410 Pascagoula, Mississippi, attended public Hispanic to serve on the U.S. Commission on schools, and excelled in baseball, band, the- Whereas the Daytona 500 is the most pres- Civil Rights; ater, and student government; tigious stock car race in the United States; Whereas, in 1984, President Ronald Reagan Whereas after graduating from Pascagoula Whereas the Daytona 500 annually kicks bestowed upon Dr. Hector P. Garcia the High School, where he met his future wife off the National Association for Stock Car Presidential Medal of Freedom; during band practice, Trent Lott enrolled in Auto Racing (NASCAR) Sprint Cup Series, Whereas Dr. Hector P. Garcia devoted his the University of Mississippi in 1959; NASCAR’s top racing series; life to fighting for civil rights and edu- Whereas Trent Lott pledged Sigma Nu, ris- Whereas millions of racing fans have spent cational access for Mexican-Americans; ing to become its president; formed a singing the 3rd Sunday of each February since 1959 Whereas this nation has benefited from Dr. quartet known as The Chancellors; and was watching, listening to, or attending the Day- Hector P. Garcia’s legacy of generosity and elected ‘‘head cheerleader’’ of the Ole Miss tona 500; commitment to equality: Now, therefore, be football team; Whereas the purse for the Daytona 500 is it Whereas upon graduating college, Trent typically the largest in motor sports; Resolved, That the Senate honors the life of Lott enrolled in the University of Mississippi Whereas winning the prestigious Harley J. Dr. Hector P. Garcia, a selfless physician, Law School in 1963, excelling in moot court Earl Trophy is stock car racing’s greatest decorated World War II veteran, dedicated and as president of the Phi Alpha Delta legal prize and privilege; family man, and civil rights hero, and joins fraternity; Whereas nearly 1,000,000 men and women in in the celebration of his birthday, January Whereas upon graduating from law school the Armed Forces in nearly 180 countries 17. worldwide listen to the race on the radio via in 1967, Trent Lott practiced law in f Pascagoula, then served as administrative the American Forces Network; assistant to United States Representative Whereas Daytona International Speedway SENATE RESOLUTION 412—COM- William Colmer until 1972; is the home of ‘‘The Great American Race’’— MENDING THE APPALACHIAN Whereas upon Congressman Colmer’s re- the Daytona 500; STATE UNIVERSITY MOUNTAIN- Whereas fans from all 50 States and many tirement, Trent Lott was elected to replace EERS OF BOONE, NORTH CARO- him in November 1972 as a Republican rep- foreign nations converge on the ‘‘World Cen- ter of Racing’’ each year to see the motor LINA, FOR WINNING THE 2007 NA- resenting Mississippi’s Fifth District; TIONAL COLLEGIATE ATHLETIC Whereas Trent Lott was reelected by the sports spectacle; voters of the Fifth District to seven suc- Whereas Daytona International Speedway ASSOCIATION DIVISION 1 FOOT- ceeding terms, rising to the position of mi- becomes one of the largest cities in the State BALL CHAMPIONSHIP SUBDIVI- nority whip and serving in that role with dis- of Florida by population on race day, with SION (FORMERLY DIVISION 1–AA) tinction from 1981 to 1989; more than 200,000 fans in attendance; CHAMPIONSHIP Whereas well-known politicians, celeb- Whereas Trent Lott was elected to the U.S. Mr. BURR (for himself and Mrs. Senate in 1988 and reelected three times, rities, and athletes take part in the festivi- serving as chairman of the Senate Com- ties surrounding the Daytona 500; and DOLE) submitted the following resolu- mittee on Rules and Administration from Whereas, on February 17th, 2008, the Day- tion; which was: 2003 to 2006; tona 500 celebrates its historic 50th running: S. RES. 412 Whereas Trent Lott was chosen by his Sen- Now, therefore, be it Resolved, That the Senate— Whereas, in 2005, Appalachian State Uni- ate Republican colleagues to serve as Major- (1) recognizes the 50th running of the Day- versity became the first team from North ity Whip for the 104th Congress, then chosen tona 500, ‘‘The Great American Race’’, on Carolina to win a National Collegiate Ath- to lead his party in the Senate as both Ma- February 17, 2008; and letic Association (NCAA) football champion- jority Leader and Minority Leader from 1996 (2) designates February 17, 2008, as ‘‘Race ship with its victory over the University of to 2003; Day in America’’ in honor of the Daytona Northern Iowa; Whereas Trent Lott was chosen by his 500. Whereas, in 2006, Appalachian State Uni- peers to serve as Minority Whip for the 110th versity defeated the University of Massachu- Congress; f setts football team to win its 2nd straight Whereas Trent Lott’s warmth, decency, SENATE RESOLUTION 411—HON- championship; and devotion to the people of Mississippi and ORING THE LIFE AND RECOG- Whereas, in December 2007, the Appa- the country have contributed to his leg- lachian State University Mountaineers won endary skill at working cooperatively with NIZING THE ACCOMPLISHMENTS OF TEXAS CIVIL RIGHTS PIO- their 3rd straight NCAA Division 1 national people from all political parties and title by winning the Division 1 Football ideologies; NEER DR. HECTOR P. GARCIA Championship Subdivision (formerly known Whereas, in addition to his many legisla- Mr. CORNYN (for himself and Mrs. as the Division 1-AA Championship), the tive achievements in a congressional career HUTCHISON) submitted the following first Football Championship Subdivision spanning more than three decades, Trent resolution; which was: team in history to accomplish this feat, Lott has earned the admiration, respect, and beating the University of Delaware (Dela- S. RES. 411 affection of his colleagues and of the Amer- ware) Blue Hens by a score of 49-21; ican People; Whereas, Hector P. Garcia was born on Whereas, in the 2007 championship game, Whereas he has drawn strength and sup- January 17, 1914, in Llera, a small town in senior tailback Kevin Richardson opened the port in a life of high achievement and high south central Tamaulipas, Mexico; scoring with a 19-yard touchdown reception Whereas, Hector P. Garcia was brought to responsibility from his faith, his beloved on a screen pass from Armanti Edwards; Mercedes, Texas, as a small child when his wife Tricia, their children, Tyler and Chet; Whereas Delaware responded by driving and their grandchildren: Now, therefore, be parents fled the Mexican Revolution in 1917; Whereas, Dr. Hector P. Garcia graduated the ball to the Appalachian State 1-foot line, it where the Mountaineers stonewalled the Resolved, That the Senate— from the University of Texas Medical School in 1940, and later joined the United States Blue Hens with an impressive defensive Notes with deep appreciation the retire- stand; ment of Chester Trent Lott; Army; Whereas, Dr. Hector P. Garcia served as an Whereas, on the ensuing possession, sopho- Extends its best wishes to Trent Lott and infantryman, a combat engineer, and a med- more Devon Moore extended the lead to 14-0 his family; ical doctor during World War II, and earned in a touchdown run that capped a 5-play, 99- Honors the integrity and outstanding work the Bronze Star medal with six battle stars yard drive to set an Appalachian State Trent Lott has done in service to his coun- for his distinguished service; school record for longest scoring drive; try; and Whereas, Dr. Hector P. Garcia founded the Whereas Appalachian State extended the Directs the Secretary of the Senate to American GI Forum in 1948 to fight for equal lead to 21-0 with 10:22 remaining in the 2nd transmit a copy of this resolution to the treatment of Mexican-American veterans, quarter as freshman tight end Daniel Kilgore family of Senator Trent Lott. including proper medical treatment and edu- recovered a fumble in the endzone for the f cational benefits; touchdown as the Mountaineers scored on Whereas, in 1949, Dr. Hector P. Garcia se- their 1st 3 drives of the game; SENATE RESOLUTION 410—DESIG- cured a burial with full military honors at Whereas Delaware broke into the scoring NATING FEBRUARY 17, 2008, AS Arlington National Cemetery for Pvt. Felix column with only 1:10 remaining in the 1st ‘‘RACE DAY IN AMERICA’’ AND Longoria after a Texas funeral home refused half, in a play that was originally ruled in- HIGHLIGHTING THE 50TH RUN- to hold a wake for Pvt. Longoria, a U.S. sol- complete, but upon official review was ruled NING OF THE DAYTONA 500 dier killed during World War II, for the sole a touchdown to cut the Appalachian State reason that he was Hispanic; lead to 21-7; Mr. NELSON of Florida (for himself, Whereas, President Lyndon Johnson made Whereas Appalachian State answered the Mr. MARTINEZ, and Mr. SANDERS) sub- Dr. Hector P. Garcia the first Mexican-Amer- score 26 seconds later as Armanti Edwards

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threw a 60-yard touchdown pass to senior S. RES. 413 (A) Dr. Nathan O. Hatch, President of Dexter Jackson, in his 4th touchdown pass Whereas the Wake Forest Demon Deacons Wake Forest University; this season to Dexter Jackson for more than beat the Ohio State Buckeyes 2-1 to win the (B) Ron Wellman, Director of Athletics at 59 yards; finals of the 2007 College Cup; the University; and Whereas Appalachian State opened scoring Whereas, in the 11th minute, Demon Dea- (C) Jay Vidovich, Head Coach. in the 3rd quarter to extend their lead to 35- con goalkeeper Brian Edwards blocked a 7; close-range shot and defender Lyle Adams f Whereas Delaware countered to cut the Ap- cleared the net to prevent the Buckeyes from palachian State lead to 35-14; attempting to score on the rebound; Whereas Kevin Richardson then ran the Whereas Brian Edwards was named the SENATE RESOLUTION 414—DESIG- lead to 42-14 with a 6-yard touchdown for his Most Outstanding Defensive Player at the NATING JANUARY 2008 AS ‘‘NA- 2nd score of the game, in which he posted a College Cup after making 12 saves in the TIONAL STALKING AWARENESS total of 111 yards rushing and 27 yards re- NCAA Championships and allowing only two MONTH’’ ceiving with touchdowns both on the ground goals in five postseason games; and by air; Whereas, in the very next possession, Ohio Mr. BIDEN (for himself and Ms. COL- Whereas Kevin Richardson is Appalachian State’s Roger Espinoza scored in the 13th LINS) submitted the following resolu- State’s all-time leading rusher, closing his minute; tion: college career with 4,797 yards on the ground; Whereas Marcus Tracy had the tying goal Whereas sophomore quarterback Armanti in the 66th minute, his third of the 2007 Col- S. RES. 414 Edwards had 198 yards passing, 89 yards rush- lege Cup, finishing a run from sophomore ing and 3 passing touchdowns, and finishes Cody Arnoux; Whereas an estimated 1,006,970 women and the season with 1,948 yards passing and 1,587 Whereas Zack Schilawski scored the game- 370,990 men are stalked annually in the yards rushing, falling just short of becoming winning goal in the 74th minute by taking a United States and, in the majority of such the 1st player in NCAA history to pass for cross from Marcus Tracy and firing the cen- cases, the person is stalked by someone who 2,000 yards and rush for 1,000 yards twice in ter shot from 10 yards out; is not a stranger; his career; Whereas for seniors Julian Valentin, Pat Whereas 81 percent of women who are Whereas Corey Lynch finishes his career Phelan, Brian Edwards, and Alimer stalked by an intimate partner are also with 52 pass breakups, capturing the NCAA Gonzales, the game marked the end of their physically assaulted by that partner, and 76 Division I record for career passes defended; college careers; percent of women who are killed by an inti- Whereas the team’s championship victory Whereas Marcus Tracy was named the mate partner were also stalked by that part- finished off a remarkable season for the Most Outstanding Offensive Player at the ner; Mountaineers, who, on September 1, 2007, in College Cup after scoring both goals in the 2- Whereas 74.2 percent of stalking victims their 1st game of the 2007 season, beat the 0 semifinal win over Virginia Tech, scoring report that being stalked interfered with University of Michigan Wolverines, ranked the game-tying goal in the finals against their employment, 26 percent of stalking vic- 5th nationally at the time, by a score of 34- Ohio State, and assisting on the game-win- tims lose time from work as a result of their 32 in front of 109,000 spectators at ‘‘The Big ning goal by Zack Schilawski; victimization, and 7 percent of stalking vic- House’’ in Ann Arbor, Michigan, marking the Whereas Sam Cronin, Zach Schilawski, and tims never return to work; 1st time a Division 1-AA team has ever beat- Cody Arnoux were all named to the College Whereas stalking victims are forced to en a nationally ranked Division 1-A team; Cup All-Tournament Team; take drastic measures to protect themselves, Whereas the Mountaineers finished off this Whereas Wake Forest was represented on such as relocating, changing their addresses, impressive 2007 season with a 13-2 record; the National Soccer Coaches Association of changing their identities, changing jobs, and Whereas the Appalachian State Mountain- America (NSCAA)/Adidas All-America team obtaining protection orders; eers 2007 All-Americans include Kerry by defender Pat Phelan (first team), Whereas stalking is a crime that cuts Brown, Corey Lynch, Kevin Richardson, midfielder Sam Cronin (second team) and across race, culture, gender, age, sexual ori- Armanti Edwards, Gary Tharrington, and Je- forward Cody Arnoux (third team), and was entation, physical and mental ability, and rome Touchstone; and the only school to have a representative on economic status; Whereas the Mountaineers enjoy wide- the first, second, and third All-America Whereas stalking is a crime under Federal spread support from their spirited and dedi- teams; law and under the laws of all 50 States and cated fans as well as the entire Appalachian Whereas defender Julian Valentin was the District of Columbia; State University community: Now, there- named to the All-Senior All-America team Whereas rapid advancements in technology fore, be it sponsored by Lowe’s; have made cybersurveillance the new frontier in stalking; Resolved, That the Senate— Whereas Wake Forest’s run to the national Whereas national organizations, local vic- (1) applauds the Appalachian State Univer- championship included a second round win tim service organizations, prosecutors’ of- sity Mountaineers football team for its his- over Furman (1-0), a third round win over fices, and police departments stand ready to toric season and National Collegiate Ath- West Virginia (3-1), a quarterfinal round win assist stalking victims and work diligently letic Association Division 1 Football Cham- over Notre Dame (1-0), and a semifinal round to craft competent, thorough, and innovative pionship Subdivision title; win over Virginia Tech (2-0); responses to stalking; and (2) recognizes the hard work and prepara- Whereas Wake Forest finished with a 22-2- Whereas there is a need to enhance the tion of the players, head coach Jerry Moore, 2 record on the season; criminal justice system’s response to stalk- and the assistant coaches and support per- Whereas Wake Forest was the number two ing and stalking victims, including through sonnel who all played critical roles in this seed in the tournament and making its sec- aggressive investigation and prosecution: championship; and ond consecutive College Cup appearance; Now, therefore, be it (3) requests the Secretary of the Senate to Whereas the Demon Deacons have been to transmit an enrolled copy of the resolution 12 NCAA Tournaments including seven Resolved, That— to— straight; (1) the Senate designates January 2008 as (A) Dr. Kenneth E. Peacock, Chancellor of Whereas Wake Forest was ranked first or ‘‘National Stalking Awareness Month’’; Appalachian State University; second in the major soccer polls for the vast (2) it is the sense of the Senate that— (B) Charles Cobb, Athletic Director of the majority of the 2007 regular season; (A) National Stalking Awareness Month University; and Whereas the NCAA title is the eighth na- provides an opportunity to educate the peo- (C) Jerry Moore, Head Coach. tional championship for Wake Forest ath- ple of the United States about stalking; letics; and (B) the people of the United States should Whereas the university also holds three ti- applaud the efforts of the many victim serv- f tles in field hockey (2002, 2003, 2004), three ti- ice providers, police, prosecutors, national tles in men’s golf (1974, 1975, 1986) and a title and community organizations, and private SENATE RESOLUTION 413—COM- in baseball (1955): Now, therefore, be it sector supporters for their efforts in pro- MENDING THE WAKE FOREST Resolved, That the Senate— moting awareness of stalking; and UNIVERSITY DEMON DEACONS (1) applauds the Wake Forest University (C) policymakers, criminal justice offi- OF WINSTON-SALEM, NORTH Demon Deacons men’s soccer team for its cials, victim service and human service CAROLINA, FOR WINNING THE historic season and championship title; agencies, nonprofit organizations, and others (2) recognizes the hard work and prepara- should recognize the need to increase aware- 2007 NATIONAL COLLEGIATE ATH- tion of the players, head coach Jay Vidovich, ness of stalking and the availability of serv- LETIC ASSOCIATION MEN’S SOC- and the assistant coaches and support per- ices for stalking victims; and CER NATIONAL CHAMPIONSHIP sonnel who all played critical roles in this (3) the Senate urges national and commu- championship; and nity organizations, businesses in the private Mr. BURR (for himself and Mrs. (3) requests the Secretary of the Senate to sector, and the media to promote awareness DOLE) submitted the following resolu- transmit an enrolled copy of the resolution of the crime of stalking through observation tion; which was: to— of National Stalking Awareness Month.

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.142 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15924 CONGRESSIONAL RECORD — SENATE December 18, 2007 SENATE RESOLUTION 415—HON- Mrs. LINCOLN, Mr. SALAZAR, Mr. TEST- Whereas on October 14, 1947, the USAF ORING THE LIFE AND RECOG- ER, Mr. ROBERTS, and Mr. ALLARD) sub- demonstrated its historic and ongoing com- NIZING THE ACCOMPLISHMENTS mitted the following resolution; which mitment to technological innovation when Captain Charles ‘‘Chuck’’ Yeager piloted the OF WILLIAM KARNET ‘‘BILL’’ was: X–1 developmental rocket plane to a speed of WILLIS, PIONEER AND HALL OF S. RES. 416 Mach 1.07, becoming the first flyer to break FAME FOOTBALL PLAYER FOR Whereas President Harry S Truman signed the sound barrier in a powered aircraft in BOTH OHIO STATE UNIVERSITY the National Security Act of 1947 on July 26, level flight; AND THE CLEVELAND BROWNS 1947, to realign and reorganize the Armed Whereas the USAF Reserve, created April Forces and to create a separate Department 14, 1948, is comprised of Citizen Airmen who Mr. BROWN (for himself, Mr. serve as unrivaled wingmen of the active VOINOVICH, Mr. OBAMA, Mr. COCHRAN, of the Air Force from the existing military services; duty USAF in every deployment, mission, Mrs. BOXER, Ms. STABENOW, Mr. LEVIN, Whereas the National Security Act of 1947 and battlefield around the globe; Mr. MENENDEZ, Mr. STEVENS, Mr. ENZI, was enacted on September 18, 1947; Whereas the USAF operated the Berlin Mr. ROBERTS, Mr. SCHUMER, and Mr. Whereas the Aeronautical Division of the Airlift in 1948 and 1949 to provide humani- LAUTENBERG) submitted the following United States Army Signal Corps, consisting tarian relief to post-war Germany and has established a tradition of humanitarian as- resolution: of one officer and two enlisted men, began sistance in responding to natural disasters operation under the command of Captain S. RES. 415 and needs across the world; Charles DeForest Chandler on August 1, 1907, Whereas the USAF announced a policy of Whereas William Karnet Willis (‘‘Bill’’) with the responsibility for ‘‘all matters per- racial integration in the ranks of the USAF was born on October 5, 1921, in Columbus, taining to military ballooning, air machines, on April 26, 1948, 3 months prior to a Presi- Ohio; and all kindred subjects’’; dential mandate to integrate all military Whereas, in 1942, Bill Willis began playing Whereas in 1908, the Department of War services; college football for the Ohio State Univer- contracted with the Wright brothers to build Whereas in the early years of the Cold War, sity’s Buckeyes and was a member of the one heavier-than-air flying machine for the 1942 National Championship team; the USAF’s arsenal of bombers, such as the United States Army, and accepted the long-range Convair B–58 Hustler and B–36 Whereas Bill Willis earned All-American Wright Military Flyer, the world’s first mili- honors at the Ohio State University in 1943 Peacemaker, and the Boeing B–47 Stratojet tary airplane, in 1909; and B–52 Stratofortress, under the command and 1944, becoming the first African Amer- Whereas United States pilots, flying with ican All-American at the Ohio State Univer- of General Curtis LeMay served as the both allied air forces and with the Army Air United States’ preeminent deterrent against sity; Service, performed admirably in the course Whereas Bill Willis was twice chosen to Soviet Union forces and were later aug- of World War I, participating in pursuit, ob- mented by the development and deployment play in the College All-Star Game, in 1944 servation, and day and night bombing mis- and in 1945; of medium range and intercontinental bal- sions; listic missiles, such as the Titan and Minute- Whereas, on August 7, 1946, Bill Willis was Whereas pioneering aviators of the United the first of a pioneering foursome to sign a man developed by General Bernard A. States, including Mason M. Patrick, William Schriever; contract to play professional football for the ‘‘Billy’’ Mitchell, Benjamin D. Foulois, Whereas the USAF, employing the first Cleveland Browns, forever ending the race Frank M. Andrews, Henry ‘‘Hap’’ Arnold, large-scale combat use of jet aircraft, helped barrier in professional football; James ‘‘Jimmy’’ H. Doolittle, and Edward to establish air superiority over the Korean Whereas Bill Willis was named 3 times an ‘‘Eddie’’ Rickenbacker, were among the first peninsula, protected ground forces of the All-America Football Conference all-league to recognize the military potential of air United Nations with close air support, and player, named 4 times a National Football power and courageously forged the founda- interdicted enemy reinforcements and sup- League all-league player, and was named to tions for the creation of an independent arm plies during the conflict in Korea; the first 3 Pro Bowls; for air forces in the United States in the dec- Whereas after the development of launch Whereas, in 1950, Bill Willis was a member ades following World War I; vehicles and orbital satellites, the mission of of the National Football League champion Whereas on June 20, 1941, the Department the USAF expanded into space and today Cleveland Browns and was named the team’s of War created the Army Air Forces (AAF) provides exceptional real-time global com- Most Valuable Player; as its aviation element and shortly there- munications, environmental monitoring, Whereas, in 1971, Bill Willis was inducted after the Department of War made the AAF navigation, precision timing, missile warn- into the National Football Foundation’s Col- co-equal to the Army Ground Forces; ing, nuclear deterrence, and space surveil- lege Football Hall of Fame; Whereas General Henry H. ‘‘Hap’’ Arnold lance; Whereas, in 1977, Bill Willis was inducted drew upon the industrial prowess and human Whereas USAF Airmen have contributed to to the Pro Football Hall of Fame; resources of the United States to transform the manned space program of the United Whereas Bill Willis was synonymous with the Army Air Corps from a force of 22,400 States since the program’s inception and his number 99 jersey in the Ohio State Uni- men and 2,402 aircraft in 1939 to a peak war- throughout the program’s development at versity community, and that number was re- time strength of 2.4 million personnel and the National Aeronautics and Space Admin- tired on November 3, 2007; 79,908 aircraft; istration by dedicating themselves wholly to Whereas Bill Willis dedicated his life to Whereas the standard for courage, flexi- space exploration despite the risks of explo- helping others and served his community bility, and intrepidity in combat was estab- ration; honorably on the Ohio Youth Commission; lished for all Airmen during the first aerial Whereas the USAF engaged in a limited Whereas Bill Willis was a beloved commu- raid in the Pacific Theater on April 18, 1942, campaign of air power to assist the South nity leader, husband, and father; and when Lieutenant Colonel James ‘‘Jimmy’’ H. Vietnamese government in countering the Whereas Ohio has lost a beloved son and a Doolittle led 16 North American B–25 Mitch- communist Viet Cong guerillas during the trailblazing pioneer with the passing of Bill ell bombers in a joint operation from the Vietnam War and fought to disrupt supply Willis on November 27, 2007: Now, therefore, deck of the naval carrier USS Hornet to lines, halt enemy ground offensives, and pro- be it strike the Japanese mainland in response to tect United States and Allied forces; Resolved, That the Senate— the Japanese attack on Pearl Harbor; Whereas Airmen were imprisoned and tor- (1) honors the life and accomplishments of Whereas President Harry S Truman sup- tured during the Vietnam War and, in the William Karnet ‘‘Bill’’ Willis, a dedicated ported organizing air power as an equal arm valiant tradition of Airmen held captive in family man, civil servant, and football leg- of the military forces of the United States, previous conflicts, continued serving the end; and writing on December 19, 1945, that air power United States with honor and dignity under (2) respectfully requests the Secretary of had developed so that the responsibilities the most inhumane circumstances; the Senate to transmit an enrolled copy of and contributions to military strategic plan- Whereas, in recent decades, the USAF and this resolution for appropriate display to the ning of air power equaled those of land and coalition partners of the United States have family of Bill Willis. sea power; supported successful actions in Panama, Bos- f Whereas on September 18, 1947, W. Stuart nia-Herzegovina, Kosovo, Iraq, Afghanistan, Symington became the first Secretary of the and many other locations around the globe; SENATE RESOLUTION 416—RECOG- newly formed and independent United States Whereas Pacific Air Forces, along with NIZING THE 60TH ANNIVERSARY Air Force (USAF), and on September 26, 1947, Asia-Pacific partners of the United States, OF THE UNITED STATES AIR General Carl A. Spaatz became the first ensure peace and advance freedom from the FORCE AS AN INDEPENDENT Chief of Staff of the USAF; west coast of the United States to the east MILITARY SERVICE Whereas the Air National Guard was also coast of Africa and from the Arctic to the created by the National Security Act of 1947 Antarctic, covering more than 100 million Mr. NELSON of Nebraska (for him- and has played a vital role in guarding the square miles and the homes of 2 billion peo- self, Mr. BINGAMAN, Mr. BROWNBACK, United States and defending freedom in near- ple in 44 countries; Ms. COLLINS, Mr. CRAPO, Mr. DOMENICI, ly every major conflict and contingency Whereas the United States Air Forces in Mr. DORGAN, Mr. ENZI, Mr. GRAHAM, since its inception; Europe, along with European partners of the

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.157 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15925 United States, have shaped the history of S. CON. RES. 59 lies, have every opportunity to play an Europe from World War II, the Cold War, Op- Whereas, in approximately 84 percent of active role in their children’s life. A eration Deliberate Force, and Operation Al- the cases where a parent is absent, that par- number of recent studies have sug- lied Force to today’s operations, and secured ent is the father; gested that children greatly benefit stability and ensured freedom’s future in the Whereas, if current trends continue, half of from joint custody or shared parenting Europe, Africa, and Southwest Asia; all children born today will live apart from Whereas, for 17 consecutive years begin- arrangements. In my own home State one of their parents, usually their father, at of Hawaii, it is a way of life to have our ning with 1990, Airmen have been engaged in some point before they turn 18 years old; full-time combat operations ranging from Whereas when families (whether intact or keiki, or children, raised and nurtured Desert Shield to Iraqi Freedom, and have with a parent absent) are living in poverty, by the extended family, and we have shown themselves to be an expeditionary air a significant factor is often the father’s lack seen how our children flourish when and space force of outstanding capability of job skills; the responsibility of child rearing is ready to fight and win wars of the United Whereas committed and responsible father- shared. States when and where Airmen are called ing during infancy and early childhood con- This Nation’s children are our most upon to do so; tributes to the development of emotional se- vital resource, and every effort should Whereas the USAF is steadfast in its com- curity, curiosity, and math and verbal skills; be made to ensure that they receive mitment to field a world-class, expeditionary Whereas an estimated 19,400,000 children the guidance and encouragement they air force by recruiting, training, and edu- (27 percent) live apart from their biological cating its Total Force of active duty, Air Na- need to thrive. I urge States to pass fathers; joint custody laws for fit parents so all tional Guard, Air Force Reserve, and civilian Whereas 40 percent of the children under personnel; age 18 not living with their biological fathers children can be raised within the ex- Whereas the USAF is a steward of re- had not seen their fathers even once in the tended embrace of both parents and sources, developing and applying technology, past 12 months, according to national survey their families. managing acquisition programs, and main- data; f taining test, evaluation, and sustainment Whereas single parents are to be com- criteria for all USAF weapon systems mended for the tremendous job that they do SENATE CONCURRENT RESOLU- throughout such weapon systems’ life cycles; with their children; TION 60—EXPRESSING THE Whereas, when terrorists attacked the Whereas the United States needs to en- SENSE OF CONGRESS RELATING United States on September 11, 2001, USAF courage responsible parenting by both fa- TO NEGOTIATING A FREE TRADE fighter and air refueling aircraft took to the thers and mothers, whenever possible; AGREEMENT BETWEEN THE skies to fly combat air patrols over major Whereas the United States needs to en- UNITED STATES AND TAIWAN United States cities and protect families, courage both parents, as well as extended friends, and neighbors of people of the United families, to be actively involved in children’s Mr. BAUCUS (for himself and Mr. States from further attack; lives; KYL) submitted the following concur- Whereas, on December 7, 2005, the USAF Whereas a way to encourage active in- rent resolution; which was referred to modified its mission statement to include volvement is to encourage joint custody and the Committee on Finance: flying and fighting in cyberspace and shared parenting; S. CON. RES. 60 prioritized the development, maintenance, Whereas the American Bar Association Whereas for more than 50 years a close bi- and sustainment of war fighting capabilities found in 1997 that 19 States plus the District lateral relationship has existed between the to deliver unrestricted access to cyberspace of Columbia had some form of presumption United States and Taiwan as evidenced by and defend the United States and its global for joint custody, either legal, physical, or the Taiwan Relations Act; interests; both, and by 2006, 13 additional States had Whereas on January 1, 2002, Taiwan was Whereas Airmen around the world are com- added some form of presumption, bringing admitted to the World Trade Organization, mitted to fighting and winning the Global the current total to 32 States plus the Dis- which has resulted in a reduction in duties War on Terror and have flown more than trict of Columbia; for foreign goods and an increase in market 430,000 sorties to precisely target and engage Whereas data from the Census Bureau access for foreign investment; insurgents who attempt to violently disrupt shows a correlation between joint custody Whereas a 2002 United States International rebuilding in Iraq and Afghanistan; and shared parenting and a higher rate of Trade Commission report found that exports Whereas talented and dedicated Airmen payment of child support; by some sectors of the United States econ- will meet the future challenges of an ever- Whereas social science literature shows omy would increase significantly if the changing world with strength and resolve; that a higher proportion of children from in- United States entered into a free trade Whereas the USAF, together with its joint tact families with 2 parents in the home are agreement with Taiwan; partners, will continue to be the United well adjusted, and research also shows that Whereas bilateral trade between Taiwan States’ leading edge in the ongoing fight to for children of divorced, separated, and never and the United States was $57,000,000,000 in ensure the safety and security of the United married parents, joint custody is strongly 2005 and $61,000,000,000 in 2006; States; and associated with positive outcomes for chil- Whereas Taiwan ranks as the 9th largest Whereas during the past 60 years, the dren on important measures of adjustment trading partner of the United States and the USAF has repeatedly proved its value to the and well being; and 11th largest export market for United States Nation, fulfilling its critical role in national Whereas research by the Department of goods; defense, and protecting peace, liberty, and Health and Human Services shows that the Whereas Taiwan is the 6th largest market freedom throughout the world: Now, there- States with the highest amount of joint cus- for United States agricultural products, the fore, be it tody subsequently had the lowest divorce 3rd largest buyer of United States corn, the Resolved by the Senate, That the Senate re- rate: Now, therefore, be it 4th largest buyer of United States soybeans, members, honors, and commends the Resolved by the Senate (the House of Rep- the 5th largest buyer of United States beef, achievements of the United States Air Force resentatives concurring), That it is the sense and the 6th largest buyer of United States in serving and defending the United States of the Congress that joint custody laws for wheat; on the 60th anniversary of the creation of the fit parents should be passed by each State, so Whereas the United States is an important United States Air Force as an independent that more children are raised with the bene- supplier of electrical machinery and appli- military service. fits of having a father and a mother in their ances, aircraft, scientific instruments, and f lives. chemical products to Taiwan; Mr. AKAKA. Mr. President, I rise Whereas increasing exports to large and SENATE CONCURRENT RESOLU- today to submit legislation expressing commercially significant economies in Asia TION 59—EXPRESSING THE the sense of the Congress that States is a critical part of reducing the United SENSE OF THE CONGRESS THAT should enact joint custody laws for fit States trade deficit; JOINT CUSTODY LAWS FOR FIT Whereas Taiwan, as a democracy and free parents, so that more children are market economy, shares with the United PARENTS SHOULD BE PASSED raised with the benefit of having both BY EACH STATE, SO THAT MORE States principles and values that provide a parents in their lives. strong foundation for open, fair, and mutu- CHILDREN ARE RAISED WITH One of the most significant problems ally beneficial trade relations; and THE BENEFITS OF HAVING A FA- facing our Nation today is the number Whereas maintaining and strengthening a THER AND A MOTHER IN THEIR of children being raised without the robust trade relationship with Taiwan is of LIVES love and support of both parents. Even economic significance to the United States: Now, therefore, be it Mr. AKAKA submitted the following if it is not possible for the parents to Resolved by the Senate (the House of Rep- concurrent resolution; which was re- remain in a committed partnership, it resentatives concurring), That it is the sense ferred to the Committee on Health, is important that, when possible, each of Congress that the United States should in- Education, Labor, and Pensions: parent, as well as their extended fami- crease trade opportunities with Taiwan and

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.146 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15926 CONGRESSIONAL RECORD — SENATE December 18, 2007 should launch negotiations for a free trade after ‘hold office during good behavior’, the fol- regarding the 125th anniversary of the 1882 agreement with Taiwan. lowing: ‘magistrate judges appointed under sec- Treaty of Peace, Amity, Commerce and f tion 631 of this title,’. Navigation between the Kingdom of Chosun ‘‘(b) CONSTRUCTION.—For purposes of con- (Korea) and the United States. SENATE CONCURRENT RESOLU- struing and applying chapter 87 of title 5, SA 3881. Mr. PRYOR (for Mr. NELSON of TION 61—PROVIDING FOR A CON- United States Code, including any adjustment Florida) proposed an amendment to the con- DITIONAL ADJOURNMENT OR RE- of insurance rates by regulation or otherwise, current resolution S. Con. Res. 53, con- CESS OF THE SENATE, AND A the following categories of judicial officers shall demning the kidnapping and hostage-taking be deemed to be judges of the United States as of 3 United States citizens for over 4 years by CONDITIONAL ADJOURNMENT OF the Revolutionary Armed Forces of Colom- THE HOUSE OF REPRESENTA- described under section 8701 of title 5, United States Code: bia (FARC), and demanding their immediate TIVES ‘‘(1) Magistrate judges appointed under sec- and unconditional release. Mr. REID (for himself and Mr. tion 631 of title 28, United States Code. SA 3882. Mr. PRYOR (for Mr. FEINGOLD) proposed an amendment to the bill S. 2135, to MCCONNELL) submitted the following ‘‘(2) Magistrate judges retired under section prohibit the recruitment or use of child sol- concurrent resolution; which was: 377 of title 28, United States Code. ‘‘(c) EFFECTIVE DATE.—Subsection (b) and the diers, to designate persons who recruit or use S. CON. RES. 61 amendment made by subsection (a) shall apply child soldiers as inadmissible aliens, to allow Resolved by the Senate (the House of Rep- with respect to any payment made on or after the deportation of persons who recruit or use resentatives concurring), That when the Sen- the first day of the first applicable pay period child soldiers, and for other purposes. SA 3883. Mr. PRYOR (for Mr. BIDEN) pro- ate adjourns on any day from Tuesday, De- beginning on or after the date of enactment of posed an amendment to the resolution S. cember 18, 2007, through Monday, December this Act.’’. Res. 279, expressing the sense of the Senate 31, 2007, on a motion offered pursuant to this f regarding the 125th anniversary of the 1882 concurrent resolution by its Majority Leader Treaty of Peace, Amity, Commerce and or his designee, it stand adjourned sine die, AMENDMENTS SUBMITTED AND Navigation between the Kingdom of Chosun or until the time of any reassembly pursuant PROPOSED (Korea) and the United States. to section 3 of this concurrent resolution; SA 3870. Mr. ISAKSON (for himself and Mr. and that when the House adjourns on any f CHAMBLISS) submitted an amendment in- legislative day from Tuesday, December 18, tended to be proposed by him to the bill H.R. TEXT OF AMENDMENTS 2007, through Saturday, December 22, 2007, on 2764, making appropriations for the Depart- SA 3870. Mr. ISAKSON (for himself a motion offered pursuant to this concurrent ment of State, foreign operations, and re- resolution by its Majority Leader or his des- and Mr. CHAMBLISS) submitted an lated programs for the fiscal year ending amendment intended to be proposed by ignee, it stand adjourned sine die, or until September 30, 2008, and for other purposes; the time of any reassembly pursuant to sec- which was ordered to lie on the table. him to the bill H.R. 2764, making ap- tion 3 of this concurrent resolution. SA 3871. Mr. BURR (for himself and Mr. propriations for the Department of SEC. 2. When the Senate recesses or ad- GREGG) submitted an amendment intended State, foreign operations, and related journs on Thursday, January 3, 2008, on a to be proposed by him to the bill H.R. 2764, programs for the fiscal year ending motion offered pursuant to this concurrent supra; which was ordered to lie on the table. resolution by its Majority Leader or his des- September 30, 2008, and for other pur- SA 3872. Mr. GRAHAM submitted an ignee, it shall stand recessed or adjourned poses; which was ordered to lie on the amendment intended to be proposed by him until noon on Tuesday, January 22, 2008, or table; as follows: to the bill H.R. 2764, supra; which was or- such other time on that day as may be speci- In division C, strike section 134. dered to lie on the table. fied in the motion to recess or adjourn, or SA 3873. Mr. WARNER (for himself, Ms. MI- until the time of any reassembly pursuant to SA 3871. Mr. BURR (for himself and KULSKI, Mr. GRAHAM, Mr. GREGG, Mr. LEAHY, section 3 of this concurrent resolution, Mr. GREGG) submitted an amendment Mr. SUNUNU, Mr. BARRASSO, and Mr. whichever occurs first; and when the House intended to be proposed by him to the VOINOVICH) submitted an amendment in- adjourns on the legislative day of Thursday, tended to be proposed by him to the bill H.R. bill H.R. 2764, making appropriations January 3, 2008, on a motion offered pursuant 2764, supra; which was ordered to lie on the for the Department of State, foreign to this concurrent resolution by its Majority table. operations, and related programs for Leader or his designee, it shall stand re- SA 3874. Mr. MCCONNELL (for himself, Mr. the fiscal year ending September 30, cessed or adjourned until noon on Tuesday, LIEBERMAN, Mr. INOUYE, Mr. STEVENS, Mr. January 15, 2008, or until the time of any re- 2008, and for other purposes; which was COCHRAN, and Mr. WARNER) proposed an assembly pursuant to section 3 of this con- ordered to lie on the table; as follows: amendment to the bill H.R. 2764, supra. On page 806, line 16, strike ‘‘$666,087,000’’ current resolution; whichever occurs first. SA 3875. Mr. FEINGOLD (for himself, Mr. SEC. 3. The Majority Leader of the Senate and insert ‘‘$751,087,000’’. REID, Mr. LEAHY, Mr. DODD, Mrs. BOXER, Mr. and the Speaker of the House, or their re- On page 806, line 20, strike ‘‘$103,921,000’’ KENNEDY, Mr. KERRY, Mr. HARKIN, Mr. spective designees, acting jointIy after con- and insert ‘‘$188,921,000’’. WHITEHOUSE, Mr. WYDEN, Mr. DURBIN, Mr. sultation with the Minority Leader of the On page 822, between lines 18 and 19, insert SCHUMER, Mr. OBAMA, Mr. SANDERS, Mr. Senate and the Minority Leader of the the following: MENENDEZ, Mr. LAUTENBERG, Mr. BROWN, and SEC. . Notwithstanding any other pro- House, shall notify Members of the Senate ll Mrs. CLINTON) proposed an amendment to vision of this Act, amounts appropriated in and the House, respectively, to reassemble at amendment SA 3874 proposed by Mr. MCCON- this Act for the administration and related such a place and time as they may designate NELL (for himself, Mr. LIEBERMAN, Mr. expenses for the departmental management if, in their opinion, the public interest shall INOUYE, Mr. STEVENS, Mr. COCHRAN, and Mr. of the Department of Labor, the Department warrant it. WARNER) to the bill H.R. 2764, supra. of Health and Human Services, and the De- f SA 3876. Mr. LEVIN (for himself, Mr. REED, partment of Education shall be reduced by a SENATE CONCURRENT RESOLU- Mr. VOINOVICH, Mr. HAGEL, Ms. SNOWE, Mr. pro rata percentage required to reduce the TION 62—TO CORRECT THE EN- REID, and Mr. SALAZAR) proposed an amend- total amount appropriated in this Act by ment to amendment SA 3874 proposed by $85,000,000. ROLLMENT OF H.R. 660 MCCONNELL (for himself, Mr. LIEBERMAN, Mr. Mr. LEAHY (for himself, Mr. SPEC- INOUYE, Mr. STEVENS, Mr. COCHRAN, and Mr. SA 3872. Mr. GRAHAM submitted an TER, and Mr. KYL) submitted the fol- WARNER) to the bill H.R. 2764, supra. amendment intended to be proposed by lowing concurrent resolution; which SA 3877. Mr. REID proposed an amendment him to the bill H.R. 2764, making ap- was: to the bill H.R. 2764, supra. propriations for the Department of SA 3878. Ms. SNOWE (for herself, Mr. S. CON. RES. 62 State, foreign operations, and related SUNUNU, Mr. DODD, Mr. GREGG, Ms. COLLINS, programs for the fiscal year ending Resolved by the Senate (the House of Rep- Mr. LIEBERMAN, Mr. REED, and Mr. September 30, 2008, and for other pur- resentatives concurring), That in the enroll- WHITEHOUSE) submitted an amendment in- ment of H.R. 660, an Act to amend title 18, tended to be proposed by her to the bill H.R. poses; which was ordered to lie on the United States Code, to protect judges, pros- 2764, supra; which was ordered to lie on the table; as follows: ecutors, witnesses, victims, and their family table. In the mater under the heading ‘‘NUCLEAR members, and for other purposes, the Clerk SA 3879. Mr. CARDIN (for himself, Mr. ENERGY’’ of title III of division C, strike ‘‘: of the House of Representatives shall strike WARNER, Ms. MIKULSKI, and Mr. WEBB) sub- Provided, That $233,849,000 is authorized to be section 502 of the Act and insert the fol- mitted an amendment intended to be pro- appropriated for Project 99–D–143 Mixed lowing: posed by him to the bill H.R. 2764, supra; Oxide (MOX) Fuel Fabrication Facility, Sa- ‘‘SEC. 502. MAGISTRATE JUDGES LIFE INSUR- which was ordered to lie on the table. vannah River Site, South Carolina: Provided ANCE. SA 3880. Mr. PRYOR (for Mr. BIDEN) pro- further, That the Department of Energy ad- ‘‘(a) IN GENERAL.—Section 604(a)(5) of title 28, posed an amendment to the resolution S. here strictly to Department of Energy Order United States Code, is amended by inserting Res. 279, expressing the sense of the Senate 413.3A for Project 99–D–143’’.

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In the mater under the heading ‘‘NATIONAL OPERATION AND MAINTENANCE, NAVY That funds transferred shall be merged with NUCLEAR SECURITY ADMINISTRATION’’ of title (INCLUDING TRANSFERS OF FUNDS) and be available for the same purposes and III of division C, before the period at the end, for the same time period as the appropria- For an additional amount for ‘‘Operation insert the following: ‘‘: Provided further, That tion or fund to which transferred: Provided and Maintenance, Navy’’, $3,664,000,000: Pro- $233,849,000 is authorized to be appropriated further, That this transfer authority is in ad- vided, That up to $110,000,000 shall be trans- for Project 99–D–143 Mixed Oxide (MOX) Fuel dition to any other transfer authority avail- ferred to the Coast Guard ‘‘Operating Ex- Fabrication Facility, Savannah River Site, able to the Department of Defense: Provided penses’’ account. South Carolina: Provided further, That the further, That upon a determination that all Department of Energy adhere strictly to De- OPERATION AND MAINTENANCE, MARINE CORPS or part of the funds transferred from this ap- partment of Energy Order 413.3A for Project For an additional amount for ‘‘Operation propriation are not necessary for the pur- 99–D–143’’. and Maintenance, Marine Corps’’, poses provided herein, such amounts may be $3,965,638,000. transferred back to this appropriation: Pro- Mr. WARNER (for himself SA 3873. OPERATION AND MAINTENANCE, AIR FORCE vided further, That the Secretary of Defense and Ms. MIKULSKI, Mr. GRAHAM, Mr. shall, not fewer than 5 days prior to making For an additional amount for ‘‘Operation transfers from this appropriation, notify the GREGG, Mr. LEAHY, Mr. SUNUNU, Mr. and Maintenance, Air Force’’, $4,778,000,000. BARRASSO, and Mr. VOINOVICH) sub- congressional defense committees in writing OPERATION AND MAINTENANCE, DEFENSE-WIDE mitted an amendment intended to be of the details of any such transfer: Provided proposed by him to the bill H.R. 2764, For an additional amount for ‘‘Operation further, That the Secretary shall submit a re- and Maintenance, Defense-Wide’’, port no later than 30 days after the end of making appropriations for the Depart- $2,116,950,000, of which up to $300,000,000, to each fiscal quarter to the congressional de- ment of State, foreign operations, and remain available until expended, may be fense committees summarizing the details of related programs for the fiscal year used for payments to reimburse Pakistan, the transfer of funds from this appropriation. ending September 30, 2008, and for Jordan, and other key cooperating nations, AFGHANISTAN SECURITY FORCES FUND other purposes; which was ordered to for logistical, military, and other support (INCLUDING TRANSFER OF FUNDS) lie on the table; as follows: provided, or to be provided, to United States For the ‘‘Afghanistan Security Forces At the appropriate place, insert the fol- military operations, notwithstanding any Fund’’, $1,350,000,000, to remain available lowing: other provision of law: Provided, That such until September 30, 2009: Provided, That such payments may be made in such amounts as SEC. ll. SMALL AND SEASONAL BUSINESSES. funds shall be available to the Secretary of the Secretary of Defense, with the concur- (a) SHORT TITLE.—This section may be Defense, notwithstanding any other provi- cited as the ‘‘Save our Small and Seasonal rence of the Secretary of State, and in con- sion of law, for the purpose of allowing the Businesses Act of 2007’’. sultation with the Director of the Office of Commander, Office of Security Cooperation– (b) IN GENERAL.—Section 214(g)(9)(A) of the Management and Budget, may determine, in Afghanistan, or the Secretary’s designee, to Immigration and Nationality Act (8 U.S.C. his discretion, based on documentation de- provide assistance, with the concurrence of 1184(g)(9)(A)) is amended, by striking ‘‘an termined by the Secretary of Defense to ade- the Secretary of State, to the security forces alien who has already been counted toward quately account for the support provided, of Afghanistan, including the provision of the numerical limitation of paragraph (1)(B) and such determination is final and conclu- equipment, supplies, services, training, facil- during fiscal year 2004, 2005, or 2006 shall not sive upon the accounting officers of the ity and infrastructure repair, renovation, again be counted toward such limitation dur- United States, and 15 days following notifi- and construction, and funding: Provided fur- ing fiscal year 2007.’’ and inserting ‘‘an alien cation to the appropriate congressional com- ther, That the authority to provide assist- who has been present in the United States as mittees: Provided further, That the Secretary ance under this heading is in addition to any an H–2B nonimmigrant during any 1 of the 3 of Defense shall provide quarterly reports to other authority to provide assistance to for- fiscal years immediately preceding the fiscal the congressional defense committees on the eign nations: Provided further, That the Sec- year of the approved start date of a petition use of funds provided in this paragraph. retary of Defense may transfer such funds to for a nonimmigrant worker described in sec- OPERATION AND MAINTENANCE, ARMY appropriations for military personnel; oper- tion 101(a)(15)(H)(ii)(b) shall not be counted RESERVE ation and maintenance; Overseas Humani- toward such limitation for the fiscal year in For an additional amount for ‘‘Operation tarian, Disaster, and Civic Aid; procurement; which the petition is approved.’’. and Maintenance, Army Reserve’’, research, development, test and evaluation; (c) EFFECTIVE DATE.—The amendment $77,736,000. and defense working capital funds to accom- made by subsection (b) shall be effective dur- plish the purposes provided herein: Provided OPERATION AND MAINTENANCE, NAVY RESERVE ing the 1-year period beginning on October 1, further, That this transfer authority is in ad- 2007. For an additional amount for ‘‘Operation dition to any other transfer authority avail- and Maintenance, Navy Reserve’’, $41,657,000. able to the Department of Defense: Provided SA 3874. Mr. MCCONNELL (for himself, OPERATION AND MAINTENANCE, MARINE CORPS further, That upon a determination that all Mr. LIEBERMAN, Mr. INOUYE, Mr. STE- RESERVE or part of the funds so transferred from this VENS, Mr. COCHRAN, and Mr. WARNER) For an additional amount for ‘‘Operation appropriation are not necessary for the pur- proposed an amendment to the bill and Maintenance, Marine Corps Reserve’’, poses provided herein, such amounts may be $46,153,000. transferred back to this appropriation: Pro- H.R. 2764, making appropriations for vided further, That contributions of funds for the Department of State, foreign oper- OPERATIONS AND MAINTENANCE, AIR FORCE the purposes provided herein from any per- ations, and related programs for the RESERVE son, foreign government, or international or- fiscal year ending September 30, 2008, For an additional amount for ‘‘Operation ganization may be credited to this Fund, and and for other purposes; as follows: and Maintenance, Air Force Reserve’’, used for such purposes: Provided further, That Strike Division L and insert the following: $12,133,000. the Secretary shall notify the congressional DIVISION L—SUPPLEMENTAL OPERATION AND MAINTENANCE, ARMY defense committees in writing upon the re- APPROPRIATIONS, DEFENSE NATIONAL GUARD ceipt and upon the transfer of any contribution delineating the sources and amounts of TITLE I—MILITARY PERSONNEL For an additional amount for ‘‘Operation the funds received and the specific use of MILIARY PERSONNEL and Maintenance, Army National Guard’’, $327,000,000. such contributions: Provided further, That MILITARY PERSONNEL, ARMY the Secretary of Defense shall, not fewer OPERATION AND MAINTENANCE, AIR NATIONAL For an additional amount for ‘‘Military than five days prior to making transfers GUARD Personnel, Army’’, $782,500,000. from this appropriation account, notify the MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Operation congressional defense committees in writing and Maintenance, Air National Guard’’, For an additional amount for ‘‘Military of the details of any such transfer: Provided $51,634,000. Personnel, Navy’’, $95,624,000. further, That the Secretary shall submit a re- IRAQ FREEDOM FUND port no later than 30 days after the end of MILITARY PERSONNEL, MARINE CORPS each fiscal quarter to the congressional de- For an additional amount for ‘‘Military (INCLUDING TRANSFER OF FUNDS) fense committees summarizing the details of Personnel, Marine Corps’’, $56,050,000. For an additional amount for ‘‘Iraq Free- the transfer of funds from this appropriation. MILITARY PERSONNEL, AIR FORCE dom Fund’’, $3,747,327,000, to remain avail- IRAQ SECURITY FORCES FUND For an additional amount for ‘‘Military able for transfer until September 30, 2009, (INCLUDING TRANSFER OF FUNDS) Personnel, Air Force’’, $138,037,000. only to support operations in Iraq or Afghan- istan: Provided, That the Secretary of De- For the ‘‘Iraq Security Forces Fund’’, TITLE II—OPERATION AND fense may transfer the funds provided herein $1,500,000,000, to remain available until Sep- MAINTENANCE to appropriations for military personnel; op- tember 30, 2009: Provided, That such funds OPERATION AND MAINTENANCE eration and maintenance; Overseas Humani- shall be available to the Secretary of De- OPERATION AND MAINTENANCE, ARMY tarian, Disaster, and Civic Aid; procurement; fense, notwithstanding any other provision For an additional amount for ‘‘Operation research, development, test and evaluation; of law, for the purpose of allowing the Com- and Maintenance, Army’’, $35,152,370,000. and working capital funds: Provided further, mander, Multi-National Security Transition

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.158 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15928 CONGRESSIONAL RECORD — SENATE December 18, 2007 Command–Iraq, or the Secretary’s designee, part of the funds so transferred from this ap- TITLE V—OTHER DEPARTMENT OF to provide assistance, with the concurrence propriation are not necessary for the purpose DEFENSE PROGRAMS of the Secretary of State, to the security provided herein, such amounts may be trans- OTHER DEPARTMENT OF DEFENSE forces of Iraq, including the provision of ferred back to this appropriation: Provided PROGRAMS equipment, supplies, services, training, facil- further, That the Secretary of Defense shall, DEFENSE HEALTH PROGRAM ity and infrastructure repair, renovation, not fewer than 5 days prior to making trans- and construction, and funding: Provided fur- fers from this appropriation, notify the con- For an additional amount for ‘‘Defense ther, That the authority to provide assist- gressional defense committees in writing of Health Program’’, $575,701,000 for Operation ance under this heading is in addition to any the details of any such transfer. and maintenance. other authority to provide assistance to for- DRUG INTERDICTION AND COUNTER-DRUG TITLE III—PROCUREMENT eign nations: Provided further, That the Sec- ACTIVITIES, DEFENSE retary of Defense may transfer such funds to PROCUREMENT For an additional amount for ‘‘Drug Inter- appropriations for military personnel; oper- AIRCRAFT PROCUREMENT, ARMY diction and Counter-Drug Activities, De- ation and maintenance; Overseas Humani- fense’’, $192,601,000. tarian, Disaster, and Civic Aid; procurement; For an additional amount for ‘‘Aircraft TITLE VI—GENERAL PROVISIONS research, development, test and evaluation; Procurement, Army’’, $943,600,000, to remain and defense working capital funds to accom- available for obligation until September 30, GENERAL PROVISIONS plish the purposes provided herein: Provided 2010. SEC. 601. Appropriations provided in this further, That this transfer authority is in ad- PROCUREMENT OF WEAPONS AND TRACKED division are available for obligation until dition to any other transfer authority avail- COMBAT VEHICLES, ARMY September 30, 2008, unless otherwise so pro- able to the Department of Defense: Provided vided in this division. For an additional amount for ‘‘Procure- further, That upon a determination that all SEC. 602. Notwithstanding any other provi- or part of the funds so transferred from this ment of Weapons and Tracked Combat Vehi- sion of law or of this division, funds made appropriation are not necessary for the pur- cles, Army’’, $1,429,445,000, to remain avail- available in this division are in addition to poses provided herein, such amounts may be able for obligation until September 30, 2010. amounts appropriated or otherwise made transferred back to this appropriation: Pro- PROCUREMENT OF AMMUNITION, ARMY available for the Department of Defense for vided further, That contributions of funds for For an additional amount for ‘‘Procure- fiscal year 2008. the purposes provided herein from any per- ment of Ammunition, Army’’, $154,000,000, to (TRANSFER OF FUNDS) son, foreign government, or international or- remain available for obligation until Sep- SEC. 603. Upon the determination of the ganization may be credited to this Fund, and tember 30, 2010. Secretary of Defense that such action is nec- used for such purposes: Provided further, That essary in the national interest, the Sec- the Secretary shall notify the congressional OTHER PROCUREMENT, ARMY retary may transfer between appropriations defense committees in writing upon the re- For an additional amount for ‘‘Other Pro- up to $4,000,000,000 of the funds made avail- ceipt and upon the transfer of any contribu- curement, Army’’, $2,027,800,000, to remain able to the Department of Defense in this dition delineating the sources and amounts of available for obligation until September 30, vision: Provided, That the Secretary shall no- the funds received and the specific use of 2010. tify the Congress promptly of each transfer such contributions: Provided further, That made pursuant to the authority in this sec- the Secretary of Defense shall, not fewer AIRCRAFT PROCUREMENT, NAVY tion: Provided further, That the authority than five days prior to making transfers For an additional amount for ‘‘Aircraft provided in this section is in addition to any from this appropriation account, notify the Procurement, Navy’’, $48,500,000, to remain other transfer authority available to the De- congressional defense committees in writing available for obligation until September 30, partment of Defense. of the details of any such transfer: Provided 2010. SEC. 604. Funds appropriated in this divi- further, That the Secretary shall submit a re- PROCUREMENT OF AMMUNITION, NAVY AND sion, or made available by the transfer of port no later than 30 days after the end of MARINE CORPS funds in or pursuant to this division, for in- each fiscal quarter to the congressional de- telligence activities are deemed to be specifi- fense committees summarizing the details of For an additional amount for ‘‘Procure- cally authorized by the Congress for pur- the transfer of funds from this appropriation. ment of Ammunition, Navy and Marine poses of section 504 of the National Security JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT Corps’’, $304,945,000, to remain available for obligation until September 30, 2010. Act of 1947 (50 U.S.C. 414). FUND SEC. 605. None of the funds provided in this (INCLUDING TRANSFER OF FUNDS) OTHER PROCUREMENT, NAVY division may be used to finance programs or For the ‘‘Joint Improvised Explosive De- For an additional amount for ‘‘Other Pro- activities denied by Congress in fiscal years vice Defeat Fund’’, $4,269,000,000, to remain curement, Navy’’, $91,481,000, to remain 2007 or 2008 appropriations to the Depart- available until September 30, 2010: Provided, available for obligation until September 30, ment of Defense or to initiate a procurement That such funds shall be available to the 2010. or research, development, test and evalua- Secretary of Defense, notwithstanding any tion new start program without prior writ- PROCUREMENT, MARINE CORPS other provision of law, for the purpose of al- ten notification to the congressional defense lowing the Director of the Joint Improvised For an additional amount for ‘‘Procure- committees. Explosive Device Defeat Organization to in- ment, Marine Corps’’, $703,250,000, to remain SEC. 606. (a) AVAILABILITY OF FUNDS FOR vestigate, develop and provide equipment, available for obligation until September 30, CERP.—From funds made available in this supplies, services, training, facilities, per- 2010. division to the Department of Defense, not sonnel and funds to assist United States to exceed $500,000,000 may be used, notwith- AIRCRAFT PROCUREMENT, AIR FORCE forces in the defeat of improvised explosive standing any other provision of law, to fund devices: Provided further, That within 60 days For an additional amount for ‘‘Aircraft the Commander’s Emergency Response Pro- of the enactment of this Act, a plan for the Procurement, Air Force’’, $51,400,000, to re- gram, for the purpose of enabling military intended management and use of the Fund is main available for obligation until Sep- commanders in Iraq to respond to urgent hu- provided to the congressional defense com- tember 30, 2010. manitarian relief and reconstruction re- mittees: Provided further, That the Secretary OTHER PROCUREMENT, AIR FORCE quirements within their areas of responsi- of Defense shall submit a report not later bility by carrying out programs that will im- than 30 days after the end of each fiscal For an additional amount for ‘‘Other Pro- mediately assist the Iraqi people, and to fund quarter to the congressional defense com- curement, Air Force’’, $30,725,000, to remain a similar program to assist the people of Af- mittees providing assessments of the evolv- available for obligation until September 30, ghanistan. 2010. ing threats, individual service requirements (b) QUARTERLY REPORTS.—Not later than 15 to counter the threats, the current strategy PROCUREMENT, DEFENSE-WIDE days after the end of each fiscal year quarter for predeployment training of members of For an additional amount for ‘‘Procure- (beginning with the first quarter of fiscal the Armed Forces on improvised explosive ment, Defense-Wide’’, $274,743,000, to remain year 2008), the Secretary of Defense shall devices, and details on the execution of this available for obligation until September 30, submit to the congressional defense commit- Fund: Provided further, That the Secretary of 2010. tees a report regarding the source of funds Defense may transfer funds provided herein and the allocation and use of funds during to appropriations for military personnel; op- TITLE IV—REVOLVING AND that quarter that were made available pursu- eration and maintenance; procurement; re- MANAGEMENT FUNDS ant to the authority provided in this section search, development, test and evaluation; REVOLVING AND MANAGEMENT FUNDS or under any other provision of law for the and defense working capital funds to accom- purposes of the programs under subsection plish the purpose provided herein: Provided DEFENSE WORKING CAPITAL FUNDS (a). further, That this transfer authority is in ad- For an additional amount of ‘‘Defense SEC. 607. During the current fiscal year, dition to any other transfer authority avail- Working Capital Funds’’, $1,000,000,000, to refunds available to the Department of Defense able to the Department of Defense: Provided main available for obligation until Sep- for operation and maintenance may be used, further, That upon determination that all or tember 30, 2010. notwithstanding any other provision of law,

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.159 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15929 to provide supplies, services, transportation, (ii) capable of conducting imbursement of the expense is in the best in- including airlift and sealift, and other counterinsurgency operations with the sup- terest of the member and the United States. logistical support to coalition forces support of United States or coalition forces; or SEC. 614. In this division, the term ‘‘con- porting military and stability operations in (iii) not ready to conduct gressional defense committees’’ means— Iraq and Afghanistan: Provided, That the counterinsurgency operations. (1) the Committees on Armed Services and Secretary of Defense shall provide quarterly (D) The rates of absenteeism in the Iraqi Appropriations of the Senate; and reports to the congressional defense commit- military forces and the extent to which in- (2) the Committees on Armed Services and tees regarding support provided under this surgents have infiltrated such forces. Appropriations of the House of Representa- section. (E) The training provided Iraqi police and tives. SEC. 608. During fiscal year 2008, super- other Ministry of Interior forces and the SEC. 615. This division may be cited as the vision and administration costs associated equipment used by such forces. ‘‘Emergency Supplemental Appropriations with projects carried out with funds appro- (F) Key criteria for assessing the capabili- Act for Defense, 2008’’. priated to ‘‘Afghanistan Security Forces ties and readiness of the Iraqi police and Fund’’ or ‘‘Iraq Security Forces Fund’’ in other Ministry of Interior forces, goals for SA 3875. Mr. FEINGOLD (for himself, this division may be obligated at the time a achieving certain capability and readiness Mr. REID, Mr. LEAHY, Mr. DODD, Mrs. construction contract is awarded: Provided, levels (as well as for recruiting, training, and BOXER, Mr. KENNEDY, Mr. KERRY, Mr. That for the purpose of this section, super- equipping), and the milestones and notional HARKIN, Mr. WHITEHOUSE, Mr. WYDEN, vision and administration costs include all timetable for achieving these goals, includ- Mr. DURBIN, Mr. SCHUMER, Mr. OBAMA, in-house Government costs. ing— Mr. SANDERS, Mr. MENENDEZ, Mr. LAU- SEC. 609. (a) REPORTS ON PROGRESS TOWARD (i) the number of police recruits that have STABILITY IN IRAQ.—Not later than 60 days received classroom training and the duration TENBERG, Mr. BROWN, and Mrs. CLIN- after the date of the enactment of this Act of such instruction; TON) proposed an amendment to and every 90 days thereafter through the end (ii) the number of veteran police officers amendment SA 3874 proposed by Mr. of fiscal year 2008, the Secretary of Defense who have received classroom instruction and MCCONNELL (for himself, Mr. shall set forth in a report to Congress a com- the duration of such instruction; prehensive set of performance indicators and LIEBERMAN, Mr. INOUYE, Mr. STEVENS, (iii) the number of police candidates measures for progress toward military and Mr. COCHRAN, and Mr. WARNER) to the screened by the Iraqi Police Screening Serv- political stability in Iraq. bill H.R. 2764, making appropriations ice, the number of candidates derived from (b) SCOPE OF REPORTS.—Each report shall for the Department of State, foreign other entry procedures, and the success rates include performance standards and goals for operations, and related programs for security, economic, and security force train- of those groups of candidates; (iv) the number of Iraqi police forces who the fiscal year ending September 30, ing objectives in Iraq together with a no- 2008, and for other purposes; as follows: tional timetable for achieving these goals. have received field training by international (c) SPECIFIC ELEMENTS.—In specific, each police trainers and the duration of such in- At the appropriate place, insert the fol- report shall require, at a minimum, the fol- struction; and lowing: lowing: (v) attrition rates and measures of absen- SEC. ll. SAFE REDEPLOYMENT OF UNITED (1) With respect to stability and security in teeism and infiltration by insurgents. STATES TROOPS FROM IRAQ. Iraq, the following: (G) The estimated total number of Iraqi (a) TRANSITION OF MISSION.—The President (A) Key measures of political stability, in- battalions needed for the Iraqi security shall promptly transition the mission of the cluding the important political milestones forces to perform duties now being under- United States Armed Forces in Iraq to the that must be achieved over the next several taken by coalition forces, including defend- limited and temporary purposes set forth in years. ing the borders of Iraq and providing ade- subsection (d). (B) The primary indicators of a stable se- quate levels of law and order throughout (b) COMMENCEMENT OF SAFE, PHASED REDE- curity environment in Iraq, such as number Iraq. PLOYMENT FROM IRAQ.—The President shall of engagements per day, numbers of trained (H) The effectiveness of the Iraqi military commence the safe, phased redeployment of Iraqi forces, and trends relating to numbers and police officer cadres and the chain of members of the United States Armed Forces and types of ethnic and religious-based hos- command. from Iraq who are not essential to the lim- tile encounters. (I) The number of United States and coali- ited and temporary purposes set forth in sub- (C) An assessment of the estimated tion advisors needed to support the Iraqi se- section (d). Such redeployment shall begin strength of the insurgency in Iraq and the curity forces and associated ministries. not later than 90 days after the date of the extent to which it is composed of non-Iraqi (J) An assessment, in a classified annex if enactment of this Act, and shall be carried fighters. necessary, of United States military require- out in a manner that protects the safety and (D) A description of all militias operating ments, including planned force rotations, security of United States troops. in Iraq, including the number, size, equip- through the end of calendar year 2008. (c) USE OF FUNDS.—No funds appropriated ment strength, military effectiveness, SEC. 610. Each amount appropriated or oth- or otherwise made available under any provi- sources of support, legal status, and efforts erwise made available in this division is des- sion of law may be obligated or expended to to disarm or reintegrate each militia. ignated as an emergency requirement and continue the deployment in Iraq of members (E) Key indicators of economic activity necessary to meet emergency needs pursuant of the United States Armed Forces after the that should be considered the most impor- to subsections (a) and (b) of section 204 of S. date that is nine months after the date of the tant for determining the prospects of sta- Con. Res. 21 (110th Congress), the concurrent enactment of this Act. bility in Iraq, including— resolution on the budget for fiscal year 2008. (d) EXCEPT FOR LIMITED AND TEMPORARY SEC. 611. None of the funds appropriated or (i) unemployment levels; PURPOSES.—The prohibition under sub- otherwise made available by this division (ii) electricity, water, and oil production section (c) shall not apply to the obligation may be obligated or expended to provide rates; and or expenditure of funds for the following lim- award fees to any defense contractor for per- ited and temporary purposes: (iii) hunger and poverty levels. formance that does not meet the require- (F) The criteria the Administration will (1) To conduct targeted operations, limited ments of the contract. in duration and scope, against members of al use to determine when it is safe to begin SEC. 612. No funds appropriated or other- withdrawing United States forces from Iraq. Qaeda and affiliated international terrorist wise made available by this division may be organizations. (2) With respect to the training and per- used by the Government of the United States formance of security forces in Iraq, the fol- (2) To provide security for United States to enter into an agreement with the Govern- Government personnel and infrastructure. lowing: ment of Iraq that would subject members of (A) The training provided Iraqi military (3) To provide training to members of the the Armed Forces of the United States to the Iraqi Security Forces who have not been in- and other Ministry of Defense forces and the jurisdiction of Iraq criminal courts or pun- volved in sectarian violence or in attacks equipment used by such forces. ishment under Iraq law. upon the United States Armed Forces, pro- (B) Key criteria for assessing the capabili- SEC. 613. Notwithstanding any other provi- ties and readiness of the Iraqi military and sion of law, the Secretary of the Army may vided that such training does not involve other Ministry of Defense forces, goals for reimburse a member for expenses incurred by members of the United States Armed Forces achieving certain capability and readiness the member or family member when such ex- taking part in combat operations or being levels (as well as for recruiting, training, and penses are otherwise not reimbursable under embedded with Iraqi forces. equipping these forces), and the milestones law: Provided, That such expenses must have (4) To provide training, equipment, or and notional timetable for achieving these been incurred in good faith as a direct con- other materiel to members of the United goals. sequence of reasonable preparation for, or States Armed Forces to ensure, maintain, or (C) The operational readiness status of the execution of, military orders: Provided fur- improve their safety and security. Iraqi military forces, including the type, ther, That reimbursement under this section number, size, and organizational structure of shall be allowed only in situations wherein SA 3876. Mr. LEVIN (for himself, Mr. Iraqi battalions that are— other authorities are insufficient to remedy REED, Mr. VOINOVICH, Mr. HAGEL, Ms. (i) capable of conducting a hardship determined by the Secretary, and SNOWE, Mr. REID, and Mr. SALAZAR, counterinsurgency operations independently; only when the Secretary determines that re- proposed an amendment to amendment

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.159 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15930 CONGRESSIONAL RECORD — SENATE December 18, 2007 SA 3874 proposed by Mr. MCCONNELL TITLE I—INDIVIDUAL TAX RELIEF section (b), shall take effect on the date of (for himself, Mr. LIEBERMAN, Mr. SEC. 101. EXTENSION OF ALTERNATIVE MINIMUM the enactment of this Act. INOUYE, Mr. STEVENS, Mr. COCHRAN, TAX RELIEF FOR NONREFUNDABLE SEC. 104. REFUNDABLE CHILD CREDIT. PERSONAL CREDITS. and Mr. WARNER) to the bill H.R. 2764, (a) MODIFICATION OF THRESHOLD AMOUNT.— (a) IN GENERAL.—Paragraph (2) of section making appropriations for the Depart- Clause (i) of section 24(d)(1)(B) is amended by 26(a) (relating to special rule for taxable inserting ‘‘($8,500 in the case of taxable years ment of State, foreign operations, and years 2000 through 2006) is amended— beginning in 2008)’’ after ‘‘$10,000’’. related programs for the fiscal year (1) by striking ‘‘or 2006’’ and inserting (b) EFFECTIVE DATE.—The amendment ending September 30, 2008, and for ‘‘2006, or 2007’’, and made by subsection (a) shall apply to taxable other purposes; as follows: (2) by striking ‘‘2006’’ in the heading thereof years beginning after December 31, 2007. and inserting ‘‘2007’’. TITLE II—REVENUE PROVISIONS At the appropriate place, insert the fol- (b) EFFECTIVE DATE.—The amendments lowing: made by this section shall apply to taxable Subtitle A—Nonqualified Deferred Com- SEC.ll. It is the sense of Congress that years beginning after December 31, 2006. pensation From Certain Tax Indifferent the missions of the United States Armed SEC. 102. EXTENSION OF INCREASED ALTER- Parties Forces in Iraq should be transitioned to the NATIVE MINIMUM TAX EXEMPTION SEC. 201. NONQUALIFIED DEFERRED COMPENSA- more limited set of missions laid out by the AMOUNT. TION FROM CERTAIN TAX INDIF- President in his September 13, 2007, address (a) IN GENERAL.—Paragraph (1) of section FERENT PARTIES. to the Nation, that is, to counterterrorism 55(d) (relating to exemption amount) is (a) IN GENERAL.—Subpart B of part II of operations and training, equipping, and sup- amended— subchapter E of chapter 1 (relating to tax- porting Iraqi forces, in addition to the nec- (1) by striking ‘‘($62,550 in the case of taxable year for which items of gross income in- essary mission of force protection, with the able years beginning in 2006)’’ in subpara- cluded) is amended by inserting after section goal of completing that transition by the end graph (A) and inserting ‘‘($66,250 in the case 457 the following new section: of 2008. of taxable years beginning in 2007)’’, and ‘‘SEC. 457A. NONQUALIFIED DEFERRED COM- (2) by striking ‘‘($42,500 in the case of tax- PENSATION FROM CERTAIN TAX IN- SA 3877. Mr. REID proposed an able years beginning in 2006)’’ in subpara- DIFFERENT PARTIES. amendment to the bill H.R. 2764, mak- graph (B) and inserting ‘‘($44,350 in the case ‘‘(a) IN GENERAL.—Any compensation ing appropriations for the Department of taxable years beginning in 2007)’’. which is deferred under a nonqualified de- (b) EFFECTIVE DATE.—The amendments ferred compensation plan of a nonqualified of State, foreign operations, and re- made by this section shall apply to taxable entity shall be taken into account for pur- lated programs for the fiscal year end- years beginning after December 31, 2006. poses of this chapter when there is no sub- ing September 30, 2008, and for other SEC. 103. INCREASE OF AMT REFUNDABLE CRED- stantial risk of forfeiture of the rights to purposes; as follows: IT AMOUNT FOR INDIVIDUALS WITH such compensation. LONG-TERM UNUSED CREDITS FOR At the end of the amendment add the fol- ‘‘(b) NONQUALIFIED ENTITY.—For purposes PRIOR YEAR MINIMUM TAX LIABIL- of this section, the term ‘nonqualified enti- lowing: ITY, ETC. ty’ means— SECTION 1. SHORT TITLE, ETC. (a) IN GENERAL.—Paragraph (2) of section 53(e) is amended to read as follows: ‘‘(1) any foreign corporation unless sub- (a) SHORT TITLE.—This Act may be cited as stantially all of its income is— ‘‘(2) AMT REFUNDABLE CREDIT AMOUNT.— the ‘‘AMT Relief Act of 2007’’. ‘‘(A) effectively connected with the con- (b) REFERENCE.—Except as otherwise ex- For purposes of paragraph (1), the term ‘AMT refundable credit amount’ means, with duct of a trade or business in the United pressly provided, whenever in this Act an States, or amendment or repeal is expressed in terms of respect to any taxable year, the amount (not in excess of the long-term unused minimum ‘‘(B) subject to a comprehensive foreign in- an amendment to, or repeal of, a section or come tax, and other provision, the reference shall be con- tax credit for such taxable year) equal to the greater of— ‘‘(2) any partnership unless substantially sidered to be made to a section or other pro- all of its income is allocated to persons other vision of the Internal Revenue Code of 1986. ‘‘(A) 50 percent of the long-term unused minimum tax credit for such taxable year, or than— (c) TABLE OF CONTENTS.—The table of con- ‘‘(A) foreign persons with respect to whom tents for this Act is as follows: ‘‘(B) the amount (if any) of the AMT refundable credit amount determined under such income is not subject to a comprehen- Sec. 1. Short title, etc. this paragraph for the taxpayer’s preceding sive foreign income tax, and TITLE I—INDIVIDUAL TAX RELIEF taxable year.’’. ‘‘(B) organizations which are exempt from tax under this title. Sec. 101. Extension of alternative minimum (b) TREATMENT OF CERTAIN UNDERPAY- MENTS, INTEREST, AND PENALTIES ATTRIB- ‘‘(c) ASCERTAINABILITY OF AMOUNTS OF tax relief for nonrefundable per- COMPENSATION.— sonal credits. UTABLE TO THE TREATMENT OF INCENTIVE STOCK OPTIONS.—Section 53 is amended by ‘‘(1) IN GENERAL.—If the amount of any Sec. 102. Extension of increased alternative compensation is not ascertainable at the minimum tax exemption adding at the end the following new subsection: time that such compensation is otherwise to amount. ‘‘(f) TREATMENT OF CERTAIN UNDERPAY- be taken into account under subsection (a)— Sec. 103. Increase of AMT refundable credit MENTS, INTEREST, AND PENALTIES ATTRIB- ‘‘(A) such amount shall be so taken into amount for individuals with UTABLE TO THE TREATMENT OF INCENTIVE account when ascertainable, and long-term unused credits for STOCK OPTIONS.— ‘‘(B) the tax imposed under this chapter for prior year minimum tax liabil- ‘‘(1) ABATEMENT.—Any underpayment of the taxable year in which such compensation ity, etc. tax outstanding on the date of the enact- is taken into account under subparagraph Sec. 104. Refundable child credit. ment of this subsection which is attributable (A) shall be increased by the sum of— TITLE II—REVENUE PROVISIONS to the application of section 56(b)(3) for any ‘‘(i) the amount of interest determined Subtitle A—Nonqualified Deferred Com- taxable year ending before January 1, 2007 under paragraph (2), and pensation From Certain Tax Indifferent (and any interest or penalty with respect to ‘‘(ii) an amount equal to 20 percent of the Parties such underpayment which is outstanding on amount of such compensation. such date of enactment), is hereby abated. ‘‘(2) INTEREST.—For purposes of paragraph Sec. 201. Nonqualified deferred compensa- No credit shall be allowed under this section (1)(B)(i), the interest determined under this tion from certain tax indif- with respect to any amount abated under paragraph for any taxable year is the ferent parties. this paragraph. amount of interest at the underpayment rate Subtitle B—Codification of Economic ‘‘(2) INCREASE IN CREDIT FOR CERTAIN INTER- under section 6621 plus 1 percentage point on Substance Doctrine EST AND PENALTIES ALREADY PAID.—Any in- the underpayments that would have occurred Sec. 211. Codification of economic substance terest or penalty paid before the date of the had the deferred compensation been includ- doctrine. enactment of this subsection which would ible in gross income for the taxable year in Sec. 212. Penalties for underpayments. (but for such payment) have been abated which first deferred or, if later, the first tax- under paragraph (1) shall be treated for pur- able year in which such deferred compensa- Subtitle C—Other Provisions poses of this section as an amount of ad- tion is not subject to a substantial risk of Sec. 221. Delay in application of worldwide justed net minimum tax imposed for the tax- forfeiture. allocation of interest. able year of the underpayment to which such ‘‘(d) OTHER DEFINITIONS AND SPECIAL Sec. 222. Modification of penalty for failure interest or penalty relates.’’. RULES.—For purposes of this section— to file partnership returns. (c) EFFECTIVE DATE.— ‘‘(1) SUBSTANTIAL RISK OF FORFEITURE.— Sec. 223. Penalty for failure to file S cor- (1) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—The rights of a person to poration returns. paragraph (2), the amendments made by this compensation shall be treated as subject to a Sec. 224. Increase in minimum penalty on section shall apply to taxable years begin- substantial risk of forfeiture only if such failure to file a return of tax. ning after December 31, 2006. person’s rights to such compensation are Sec. 225. Time for payment of corporate esti- (2) ABATEMENT.—Section 53(f)(1) of the In- conditioned upon the future performance of mated taxes. ternal Revenue Code of 1986, as added by sub- substantial services by any individual.

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.161 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15931

‘‘(B) EXCEPTION FOR COMPENSATION BASED end of subparagraph (S), by striking the pe- ‘‘(A) the transaction changes in a meaning- ON GAIN RECOGNIZED ON AN INVESTMENT riod at the end of subparagraph (T) and in- ful way (apart from Federal income tax ef- ASSET.— serting ‘‘, and’’, and by adding at the end the fects) the taxpayer’s economic position, and ‘‘(i) IN GENERAL.—To the extent provided in following new subparagraph: ‘‘(B) the taxpayer has a substantial pur- regulations prescribed by the Secretary, if ‘‘(U) section 457A(c)(1)(B) (relating to as- pose (apart from Federal income tax effects) compensation is determined solely by ref- certainability of amounts of compensa- for entering into such transaction. erence to the amount of gain recognized on tion).’’. ‘‘(2) SPECIAL RULE WHERE TAXPAYER RELIES the disposition of an investment asset, such (c) CLERICAL AMENDMENT.—The table of ON PROFIT POTENTIAL.— compensation shall be treated as subject to a sections of subpart B of part II of subchapter ‘‘(A) IN GENERAL.—The potential for profit substantial risk of forfeiture until the date E of chapter 1 is amended by inserting after of a transaction shall be taken into account of such disposition. the item relating to section 457 the following in determining whether the requirements of ‘‘(ii) INVESTMENT ASSET.—For purposes of new item: subparagraphs (A) and (B) of paragraph (1) clause (i), the term ‘investment asset’ means ‘‘Sec. 457A. Nonqualified deferred compensa- are met with respect to the transaction only any single asset (other than an investment tion from certain tax indif- if the present value of the reasonably ex- fund or similar entity)— ferent parties.’’. pected pre-tax profit from the transaction is ‘‘(I) acquired directly by an investment (d) EFFECTIVE DATE.— substantial in relation to the present value fund or similar entity, (1) IN GENERAL.—Except as otherwise proof the expected net tax benefits that would ‘‘(II) with respect to which such entity vided in this subsection, the amendments be allowed if the transaction were respected. does not (nor does any person related to such made by this section shall apply to amounts ‘‘(B) TREATMENT OF FEES AND FOREIGN entity) participate in the active manage- deferred which are attributable to services TAXES.—Fees and other transaction expenses ment of such asset (or if such asset is an in- performed after December 31, 2007. and foreign taxes shall be taken into account terest in an entity, in the active manage- (2) APPLICATION TO EXISTING DEFERRALS.— as expenses in determining pre-tax profit ment of the activities of such entity), and In the case of any amount deferred to which under subparagraph (A). ‘‘(III) substantially all of any gain on the the amendments made by this section do not ‘‘(3) STATE AND LOCAL TAX BENEFITS.—For disposition of which (other than such de- apply solely by reason of the fact that the purposes of paragraph (1), any State or local ferred compensation) is allocated to inves- amount is attributable to services performed income tax effect which is related to a Fed- tors in such entity. before January 1, 2008, to the extent such eral income tax effect shall be treated in the ‘‘(iii) COORDINATION WITH SPECIAL RULE FOR amount is not includible in gross income in same manner as a Federal income tax effect. SHORT-TERM DEFERRALS OF COMPENSATION.— a taxable year beginning before 2017, such ‘‘(4) FINANCIAL ACCOUNTING BENEFITS.—For Paragraph (3)(B) shall not apply to any com- amounts shall be includible in gross income purposes of paragraph (1)(B), achieving a fi- pensation to which clause (i) applies. in the later of— nancial accounting benefit shall not be ‘‘(2) COMPREHENSIVE FOREIGN INCOME TAX.— (A) the last taxable year beginning before taken into account as a purpose for entering The term ‘comprehensive foreign income 2017, or into a transaction if such transaction results tax’ means, with respect to any foreign per- (B) the taxable year in which there is no in a Federal income tax benefit. son, the income tax of a foreign country if— substantial risk of forfeiture of the rights to ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For ‘‘(A) such person is eligible for the benefits such compensation (determined in the same purposes of this subsection— of a comprehensive income tax treaty be- manner as determined for purposes of section ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The tween such foreign country and the United 457A of the Internal Revenue Code of 1986, as term ‘economic substance doctrine’ means States, or added by this section). the common law doctrine under which tax ‘‘(B) such person demonstrates to the satis- (3) ACCELERATED PAYMENTS.—No later than benefits under subtitle A with respect to a faction of the Secretary that such foreign 60 days after the date of the enactment of transaction are not allowable if the trans- country has a comprehensive income tax. this Act, the Secretary shall issue guidance action does not have economic substance or Such term shall not include any tax unless providing a limited period of time during lacks a business purpose. such tax includes rules for the deductibility which a nonqualified deferred compensation ‘‘(B) EXCEPTION FOR PERSONAL TRANS- of deferred compensation which are similar arrangement attributable to services per- ACTIONS OF INDIVIDUALS.—In the case of an to the rules of this title. formed on or before December 31, 2007, may, individual, paragraph (1) shall apply only to ‘‘(3) NONQUALIFIED DEFERRED COMPENSATION without violating the requirements of sec- transactions entered into in connection with PLAN.— tion 409A(a) of the Internal Revenue Code of a trade or business or an activity engaged in ‘‘(A) IN GENERAL.—The term ‘nonqualified 1986, be amended to conform the date of dis- for the production of income. deferred compensation plan’ has the meaning tribution to the date the amounts are re- ‘‘(C) OTHER COMMON LAW DOCTRINES NOT AF- given such term under section 409A(d), ex- quired to be included in income. FECTED.—Except as specifically provided in cept that such term shall include any plan (4) CERTAIN BACK-TO-BACK ARRANGEMENTS.— this subsection, the provisions of this sub- that provides a right to compensation based If the taxpayer is also a service recipient and section shall not be construed as altering or on the appreciation in value of a specified maintains one or more nonqualified deferred supplanting any other rule of law, and the number of equity units of the service recipi- compensation arrangements for its service requirements of this subsection shall be con- ent. providers under which any amount is attrib- strued as being in addition to any such other ‘‘(B) EXCEPTION FOR SHORT-TERM DEFER- utable to services performed on or before De- rule of law. RALS.—Compensation shall not be treated as cember 31, 2007, the guidance issued under ‘‘(D) DETERMINATION OF APPLICATION OF deferred for purposes of this section if the paragraph (3) shall permit such arrange- DOCTRINE NOT AFFECTED.—The determination service provider receives payment of such ments to be amended to conform the dates of of whether the economic substance doctrine compensation not later than 12 months after distribution under such arrangement to the is relevant to a transaction shall be made in the end of the taxable year of the service re- date amounts are required to be included in the same manner as if this subsection had cipient during which the right to the pay- the income of such taxpayer under this sub- never been enacted. ment of such compensation is no longer subsection. ‘‘(6) REGULATIONS.—The Secretary shall ject to a substantial risk of forfeiture. (5) ACCELERATED PAYMENT NOT TREATED AS prescribe such regulations as may be nec- ‘‘(4) EXCEPTION FOR CERTAIN COMPENSATION MATERIAL MODIFICATION.—Any amendment to essary or appropriate to carry out the pur- WITH RESPECT TO EFFECTIVELY CONNECTED IN- a nonqualified deferred compensation ar- poses of this subsection. Such regulations COME.—In the case a foreign corporation with rangement made pursuant to paragraph (3) may include exemptions from the applica- income which is taxable under section 882, or (4) shall not be treated as a material tion of this subsection.’’. this section shall not apply to compensation modification of the arrangement for pur- (b) EFFECTIVE DATE.—The amendments which, had such compensation had been paid poses of section 409A of the Internal Revenue made by this section shall apply to trans- in cash on the date that such compensation Code of 1986. actions entered into after the date of the en- ceased to be subject to a substantial risk of actment of this Act. forfeiture, would have been deductible by Subtitle B—Codification of Economic such foreign corporation against such in- Substance Doctrine SEC. 212. PENALTIES FOR UNDERPAYMENTS. come. SEC. 211. CODIFICATION OF ECONOMIC SUB- (a) PENALTY FOR UNDERPAYMENTS ATTRIB- UTABLE TO TRANSACTIONS LACKING ECONOMIC ‘‘(5) APPLICATION OF RULES.—Rules similar STANCE DOCTRINE. to the rules of paragraphs (5) and (6) of sec- (a) IN GENERAL.—Section 7701 is amended SUBSTANCE.— tion 409A(d) shall apply. by redesignating subsection (p) as subsection (1) IN GENERAL.—Subsection (b) of section ‘‘(e) REGULATIONS.—The Secretary shall (q) and by inserting after subsection (o) the 6662 is amended by inserting after paragraph prescribe such regulations as may be nec- following new subsection: (5) the following new paragraph: essary or appropriate to carry out the pur- ‘‘(p) CLARIFICATION OF ECONOMIC SUBSTANCE ‘‘(6) Any disallowance of claimed tax bene- poses of this section, including regulations DOCTRINE.— fits by reason of a transaction lacking eco- disregarding a substantial risk of forfeiture ‘‘(1) APPLICATION OF DOCTRINE.—In the case nomic substance (within the meaning of sec- in cases where necessary to carry out the of any transaction to which the economic tion 7701(p)) or failing to meet the require- purposes of this section.’’. substance doctrine is relevant, such trans- ments of any similar rule of law.’’. (b) CONFORMING AMENDMENT.—Section action shall be treated as having economic (2) INCREASED PENALTY FOR NONDISCLOSED 26(b)(2) is amended by striking ‘‘and’’ at the substance only if— TRANSACTIONS.—Section 6662 is amended by

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.166 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15932 CONGRESSIONAL RECORD — SENATE December 18, 2007 adding at the end the following new sub- ‘‘(II) the amount of the understatement to deficiency procedures for income, estate, section: under subparagraph (A) shall be reduced by gift, and certain excise taxes) shall not apply ‘‘(i) INCREASE IN PENALTY IN CASE OF NON- that portion of the understatement which is in respect of the assessment or collection of DISCLOSED NONECONOMIC SUBSTANCE TRANS- attributable to any item with respect to any penalty imposed by subsection (a).’’. ACTIONS.— which the taxpayer has a reasonable belief (b) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—To the extent that a por- that the tax treatment of such item by the sections for part I of subchapter B of chapter tion of the underpayment to which this sec- taxpayer is more likely than not the proper 68 is amended by adding at the end the fol- tion applies is attributable to one or more tax treatment of such item. lowing new item: nondisclosed noneconomic substance trans- ‘‘(ii) SPECIFIED LARGE CORPORATION.— ‘‘Sec. 6699A. Failure to file S corporation re- actions, subsection (a) shall be applied with ‘‘(I) IN GENERAL.—For purposes of this sub- turn.’’. respect to such portion by substituting ‘40 paragraph, the term ‘specified large corpora- (c) EFFECTIVE DATE.—The amendments percent’ for ‘20 percent’. tion’ means any corporation with gross re- made by this section shall apply to returns ‘‘(2) NONDISCLOSED NONECONOMIC SUBSTANCE ceipts in excess of $100,000,000 for the taxable required to be filed after the date of the en- TRANSACTIONS.—For purposes of this sub- year involved. actment of this Act. section, the term ‘nondisclosed noneconomic ‘‘(II) AGGREGATION RULE.—All persons substance transaction’ means any portion of SEC. 224. INCREASE IN MINIMUM PENALTY ON treated as a single employer under section FAILURE TO FILE A RETURN OF TAX. a transaction described in subsection (b)(6) 52(a) shall be treated as one person for pur- with respect to which the relevant facts af- (a) IN GENERAL.—Subsection (a) of section poses of subclause (I).’’. 6651 is amended by striking ‘‘$100’’ in the last fecting the tax treatment are not adequately ONFORMING AMENDMENT.—Subpara- (2) C sentence and inserting ‘‘$150’’. disclosed in the return nor in a statement at- graph (C) of section 6662(d)(2) is amended by (b) EFFECTIVE DATE.—The amendment tached to the return. striking ‘‘Subparagraph (B)’’ and inserting made by this section shall apply to returns ‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.— ‘‘Subparagraphs (B) and (D)(i)(II)’’. the due date for the filing of which (includ- Except as provided in regulations, in no (e) EFFECTIVE DATE.—The amendments ing extensions) is after December 31, 2007. event shall any amendment or supplement to made by this section shall apply to taxable a return of tax be taken into account for years beginning after the date of the enact- SEC. 225. TIME FOR PAYMENT OF CORPORATE ES- TIMATED TAXES. purposes of this subsection if the amendment ment of this Act. The percentage under subparagraph (B) of or supplement is filed after the earlier of the Subtitle C—Other Provisions date the taxpayer is first contacted by the section 401(1) of the Tax Increase Prevention SEC. 221. DELAY IN APPLICATION OF WORLD- and Reconciliation Act of 2005 in effect on Secretary regarding the examination of the WIDE ALLOCATION OF INTEREST. return or such other date as is specified by the date of the enactment of this Act is in- (a) IN GENERAL.—Paragraphs (5)(D) and (6) creased by 52.5 percentage points. the Secretary.’’. of section 864(f) are each amended by strik- (3) CONFORMING AMENDMENT.—Subpara- ing ‘‘December 31, 2008’’ and inserting ‘‘De- SA 3878. Ms. SNOWE (for herself, Mr. graph (B) of section 6662A(e)(2) is amended— cember 31, 2017’’. SUNUNU, Mr. DODD, Mr. GREGG, Ms. (A) by striking ‘‘section 6662(h)’’ and in- (b) EFFECTIVE DATE.—The amendments serting ‘‘subsection (h) or (i) of section 6662’’, made by this section shall apply to taxable COLLINS, Mr. LIEBERMAN, Mr. REED, and years beginning after December 31, 2008. and Mr. WHITEHOUSE) submitted an (B) by striking ‘‘GROSS VALUATION SEC. 222. MODIFICATION OF PENALTY FOR FAIL- amendment intended to be proposed by MISSTATEMENT PENALTY’’ in the heading and URE TO FILE PARTNERSHIP RE- her to the bill H.R. 2764, making appro- inserting ‘‘CERTAIN INCREASED UNDER- TURNS. priations for the Department of State, PAYMENT PENALTIES’’. (a) EXTENSION OF TIME LIMITATION.—Sub- foreign operations, and related pro- (b) REASONABLE CAUSE EXCEPTION NOT AP- section (a) of section 6698 (relating to general PLICABLE TO NONECONOMIC SUBSTANCE TRANS- rule) is amended by striking ‘‘5 months’’ and grams for the fiscal year ending Sep- ACTIONS, TAX SHELTERS, AND CERTAIN LARGE inserting ‘‘12 months’’. tember 30, 2008, and for other purposes; CORPORATIONS.—Subsection (c) of section (b) INCREASE IN PENALTY AMOUNT.—Para- which was ordered to lie on the table; 6664 is amended— graph (1) of section 6698(b) is amended by as follows: (1) by redesignating paragraphs (2) and (3) striking ‘‘$50’’ and inserting ‘‘$100’’. On page 14, beginning in line 23, strike as paragraphs (3) and (4), respectively, (c) EFFECTIVE DATE.—The amendments ‘‘fishery.’’ and insert ‘‘fishery: Provided fur- (2) by striking ‘‘paragraph (2)’’ in para- made by this section shall apply to returns ther, That, of the funds provided, not less graph (4), as so redesignated, and inserting required to be filed after the date of the en- than $15,000,000 in the aggregate is provided ‘‘paragraph (3)’’, and actment of this Act. to Connecticut, Maine, New Hampshire, and (3) by inserting after paragraph (1) the fol- SEC. 223. PENALTY FOR FAILURE TO FILE S COR- Rhode Island for the alleviation of economic lowing new paragraph: PORATION RETURNS. impacts associated with Amendment 13 and ‘‘(2) EXCEPTION FOR NONECONOMIC SUB- (a) IN GENERAL.—Part I of subchapter B of subsequent Framework adjustments, includ- STANCE TRANSACTIONS, TAX SHELTERS, AND chapter 68 (relating to assessable penalties) ing Framework 42.’’. CERTAIN LARGE CORPORATIONS.—Paragraph (1) is amended by adding at the end the fol- shall not apply— lowing new section: SA 3879. Mr. CARDIN (for himself, ‘‘(A) to any portion of an underpayment ‘‘SEC. 6699A. FAILURE TO FILE S CORPORATION Mr. WARNER, Ms. MIKULSKI, and Mr. which is attributable to one or more tax RETURN. WEBB) submitted an amendment in- shelters (as defined in section 6662(d)(2)(C)) ‘‘(a) GENERAL RULE.—In addition to the or transactions described in section penalty imposed by section 7203 (relating to tended to be proposed by him to the 6662(b)(6), and willful failure to file return, supply informa- bill H.R. 2764, making appropriations ‘‘(B) to any taxpayer if such taxpayer is a tion, or pay tax), if any S corporation re- for the Department of State, foreign specified large corporation (as defined in sec- quired to file a return under section 6037 for operations, and related programs for tion 6662(d)(2)(D)(ii)).’’. any taxable year— the fiscal year ending September 30, (c) APPLICATION OF PENALTY FOR ERRO- ‘‘(1) fails to file such return at the time 2008, and for other purposes; as follows: NEOUS CLAIM FOR REFUND OR CREDIT TO NON- prescribed therefor (determined with regard At the appropriate place, insert the fol- ECONOMIC SUBSTANCE TRANSACTIONS.—Sec- to any extension of time for filing), or tion 6676 is amended by redesignating sub- ‘‘(2) files a return which fails to show the lowing: section (c) as subsection (d) and inserting information required under section 6037, SEC. ll. NATIONAL CAPITAL TRANSPORTATION after subsection (b) the following new sub- such S corporation shall be liable for a pen- AMENDMENTS ACT OF 2007. section: alty determined under subsection (b) for (a) SHORT TITLE; FINDINGS.— ‘‘(c) NONECONOMIC SUBSTANCE TRANS- each month (or fraction thereof) during (1) SHORT TITLE.—This section may be ACTIONS TREATED AS LACKING REASONABLE which such failure continues (but not to ex- cited as the ‘‘National Capital Transpor- BASIS.—For purposes of this section, any exceed 12 months), unless it is shown that such tation Amendments Act of 2007’’. cessive amount which is attributable to any failure is due to reasonable cause. (2) FINDINGS.—Congress finds as follows: transaction described in section 6662(b)(6) ‘‘(b) AMOUNT PER MONTH.—For purposes of (A) Metro, the public transit system of the shall not be treated as having a reasonable subsection (a), the amount determined under Washington metropolitan area, is essential basis.’’. this subsection for any month is the product for the continued and effective performance (d) SPECIAL UNDERSTATEMENT REDUCTION of— of the functions of the Federal Government, RULE FOR CERTAIN LARGE CORPORATIONS.— ‘‘(1) $100, multiplied by and for the orderly movement of people dur- (1) IN GENERAL.—Paragraph (2) of section ‘‘(2) the number of persons who were share- ing major events and times of regional or na- 6662(d) is amended by adding at the end the holders in the S corporation during any part tional emergency. following new subparagraph: of the taxable year. (B) On 3 occasions, Congress has authorized ‘‘(D) SPECIAL REDUCTION RULE FOR CERTAIN ‘‘(c) ASSESSMENT OF PENALTY.—The pen- appropriations for the construction and cap- LARGE CORPORATIONS.— alty imposed by subsection (a) shall be as- ital improvement needs of the Metrorail sys- ‘‘(i) IN GENERAL.—In the case of any speci- sessed against the S corporation. tem. fied large corporation— ‘‘(d) DEFICIENCY PROCEDURES NOT TO (C) Additional funding is required to pro- ‘‘(I) subparagraph (B) shall not apply, and APPLY.—Subchapter B of chapter 63 (relating tect these previous Federal investments and

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.166 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15933 ensure the continued functionality and via- 4 additional Directors appointed by the Ad- in this subsection as the ‘‘Transit Author- bility of the original 103-mile Metrorail sys- ministrator of General Services, of whom 2 ity’’) shall establish in the Transit Author- tem. shall be nonvoting and 2 shall be voting, and ity the Office of the Inspector General (re- (b) FEDERAL CONTRIBUTION FOR CAPITAL requiring one of the voting members so ap- ferred to in this subsection as the ‘‘Office’’), PROJECTS FOR WASHINGTON METROPOLITAN pointed to be a regular passenger and cus- headed by the Inspector General of the Tran- AREA TRANSIT SYSTEM.—The National Cap- tomer of the bus or rail service of the Tran- sit Authority (referred to in this subsection ital Transportation Act of 1969 (sec. 9–1111.01 sit Authority. as the ‘‘Inspector General’’). et seq., D.C. Official Code) is amended by ‘‘(e) AMOUNT.—There are authorized to be (B) DEFINITION.—In subparagraph (A), the adding at the end the following: appropriated to the Secretary of Transpor- ‘‘Washington Metropolitan Area Transit Au- tation for grants under this section an aggre- ‘‘AUTHORIZATION OF ADDITIONAL FEDERAL CON- thority’’ means the Authority established gate amount not to exceed $1,500,000,000 to be TRIBUTION FOR CAPITAL AND PREVENTIVE under Article III of the Washington Metro- available in increments over 10 fiscal years MAINTENANCE PROJECTS politan Area Transit Authority Compact beginning in fiscal year 2009, or until ex- (Public Law 89–774). ‘‘SEC. 18. (a) AUTHORIZATION.—Subject to pended. (2) INSPECTOR GENERAL.— the succeeding provisions of this section, the ‘‘(f) AVAILABILITY.—Amounts appropriated (A) APPOINTMENT.—The Inspector General Secretary of Transportation is authorized to pursuant to the authorization under this sec- shall be appointed by the vote of a majority make grants to the Transit Authority, in ad- tion— of the Board of Directors of the Transit Au- dition to the contributions authorized under ‘‘(1) shall remain available until expended; thority, and shall be appointed without re- sections 3, 14, and 17, for the purpose of fi- and gard to political affiliation and solely on the nancing in part the capital and preventive ‘‘(2) shall be in addition to, and not in lieu basis of integrity and demonstrated ability maintenance projects included in the Capital of, amounts available to the Transit Author- in accounting, auditing, financial analysis, Improvement Program approved by the ity under chapter 53 of title 49, United States law, management analysis, public adminis- Board of Directors of the Transit Authority. Code, or any other provision of law. tration, or investigations, as well as famili- ‘‘(b) USE OF FUNDS.—The Federal grants ‘‘(g) ACCESS TO WIRELESS SERVICES IN MET- arity or experience with the operation of made pursuant to the authorization under RORAIL SYSTEM.— transit systems. this section shall be subject to the following ‘‘(1) REQUIRING TRANSIT AUTHORITY TO PRO- (B) TERM OF SERVICE.—The Inspector Gen- limitations and conditions: VIDE ACCESS TO SERVICE.—No amounts may eral shall serve for a term of 5 years, and an ‘‘(1) The work for which such Federal be provided to the Transit Authority pursu- individual serving as Inspector General may grants are authorized shall be subject to the ant to the authorization under this section be reappointed for not more than 2 addi- provisions of the Compact (consistent with unless the Transit Authority ensures that tional terms. the amendments to the Compact described in customers of the rail service of the Transit (C) REMOVAL.—The Inspector General may subsection (d)). Authority have access within the rail system be removed from office prior to the expira- ‘‘(2) Each such Federal grant shall be for 50 to services provided by any licensed wireless tion of his term only by the unanimous vote percent of the net project cost of the project provider that notifies the Transit Authority of all of the members of the Board of Direc- involved, and shall be provided in cash from (in accordance with such procedures as the tors of the Transit Authority, and the Board sources other than Federal funds or revenues Transit Authority may adopt) of its intent shall communicate the reasons for any such from the operation of public mass transpor- to offer service to the public, in accordance removal to the Governor of Maryland, the tation systems. Consistent with the terms of with the following timetable: Governor of Virginia, the Mayor of the Dis- the amendment to the Compact described in ‘‘(A) Not later than 1 year after the date of trict of Columbia, the chair of the Com- subsection (d)(1), any funds so provided shall the enactment of the National Capital mittee on Government Reform of the House be solely from undistributed cash surpluses, Transportation Amendments Act of 2007, in of Representatives, and the chair of the Com- replacement or depreciation funds or re- the 20 underground rail station platforms mittee on Homeland Security and Govern- serves available in cash, or new capital. with the highest volume of passenger traffic. mental Affairs of the Senate. ‘‘(c) APPLICABILITY OF REQUIREMENTS FOR ‘‘(B) Not later than 4 years after such date, (3) DUTIES.— MASS TRANSPORTATION CAPITAL PROJECTS throughout the rail system. (A) APPLICABILITY OF DUTIES OF INSPECTOR RECEIVING FUNDS UNDER FEDERAL TRANSPOR- ‘‘(2) ACCESS OF WIRELESS PROVIDERS TO SYS- GENERAL OF EXECUTIVE BRANCH ESTABLISH- TATION LAW.—Except as specifically provided TEM FOR UPGRADES AND MAINTENANCE.—No MENT.—The Inspector General shall carry in this section, the use of any amounts ap- amounts may be provided to the Transit Au- out the same duties and responsibilities with propriated pursuant to the authorization thority pursuant to the authorization under respect to the Transit Authority as an In- under this section shall be subject to the re- this section unless the Transit Authority en- spector General of an establishment carries quirements applicable to capital projects for sures that each licensed wireless provider out with respect to an establishment under which funds are provided under chapter 53 of who provides service to the public within the section 4 of the Inspector General Act of 1978 title 49, United States Code, except to the ex- rail system pursuant to paragraph (1) has ac- (5 U.S.C. App. 4), under the same terms and tent that the Secretary of Transportation cess to the system on an ongoing basis (sub- conditions which apply under such section. determines that the requirements are incon- ject to such restrictions as the Transit Au- (B) CONDUCTING ANNUAL AUDIT OF FINANCIAL sistent with the purposes of this section. thority may impose to ensure that such ac- STATEMENTS.—The Inspector General shall be ‘‘(d) AMENDMENTS TO COMPACT.—No cess will not unduly impact rail operations responsible for conducting the annual audit amounts may be provided to the Transit Au- or threaten the safety of customers or em- of the financial accounts of the Transit Au- thority pursuant to the authorization under ployees of the rail system) to carry out thority, either directly or by contract with this section until the Transit Authority no- emergency repairs, routine maintenance, and an independent external auditor selected by tifies the Secretary of Transportation that upgrades to the service. the Inspector General. each of the following amendments to the ‘‘(3) PERMITTING REASONABLE AND CUS- (C) REPORTS.— Compact (and any further amendments TOMARY CHARGES.—Nothing in this sub- (i) SEMIANNUAL REPORTS TO TRANSIT AU- which may be required to implement such section may be construed to prohibit the THORITY.—The Inspector General shall pre- amendments) have taken effect: Transit Authority from requiring a licensed pare and submit semiannual reports summa- ‘‘(1)(A) An amendment requiring that all wireless provider to pay reasonable and cus- rizing the activities of the Office in the same payments by the local signatory govern- tomary charges for access granted under this manner, and in accordance with the same ments for the Transit Authority for the pur- subsection. deadlines, terms, and conditions, as an In- pose of matching any Federal funds appro- ‘‘(4) REPORTS.—Not later than 1 year after spector General of an establishment under priated in any given year authorized under the date of the enactment of the National section 5 of the Inspector General Act of 1978 subsection (a) for the cost of operating and Capital Transportation Amendments Act of (5 U.S.C. App. 5). For purposes of applying maintaining the adopted regional system are 2007, and each of the 3 years thereafter, the section 5 of such Act to the Inspector Gen- made from amounts derived from dedicated Transit Authority shall submit to the Com- eral, the Board of Directors of the Transit funding sources. mittee on Homeland Security and Govern- Authority shall be considered the head of the ‘‘(B) For purposes of this paragraph, the mental Affairs of the Senate and the Com- establishment, except that the Inspector term ‘dedicated funding source’ means any mittee on Oversight and Government Reform General shall transmit to the General Man- source of funding which is earmarked or re- of the House of Representatives a report on ager of the Transit Authority a copy of any quired under State or local law to be used to the implementation of this subsection. report submitted to the Board pursuant to match Federal appropriations authorized ‘‘(5) DEFINITION.—In this subsection, the this paragraph. under this Act for payments to the Transit term ‘licensed wireless provider’ means any (ii) ANNUAL REPORTS TO LOCAL SIGNATORY Authority. provider of wireless services who is operating GOVERNMENTS AND CONGRESS.—Not later than ‘‘(2) An amendment establishing the Office pursuant to a Federal license to offer such January 15 of each year, the Inspector Gen- of the Inspector General of the Transit Au- services to the public for profit.’’. eral shall prepare and submit a report sum- thority in accordance with section 3 of the (c) WASHINGTON METROPOLITAN AREA TRAN- marizing the activities of the Office during National Capital Transportation Amend- SIT AUTHORITY INSPECTOR GENERAL.— the previous year, and shall submit such re- ments Act of 2007. (1) ESTABLISHMENT OF OFFICE.— ports to the Governor of Maryland, the Gov- ‘‘(3) An amendment expanding the Board of (A) IN GENERAL.—The Washington Metro- ernor of Virginia, the Mayor of the District Directors of the Transit Authority to include politan Area Transit Authority (referred to of Columbia, the chair of the Committee on

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.163 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15934 CONGRESSIONAL RECORD — SENATE December 18, 2007 Government Reform of the House of Rep- (C) EQUIPMENT AND SUPPLIES.—The General SA 3883. Mr. PRYOR (for Mr. BIDEN) resentatives, and the chair of the Committee Manager of the Transit Authority shall pro- proposed an amendment to the resolu- on Homeland Security and Governmental Af- vide the Office with appropriate and ade- tion S. Res. 279, expressing the sense of fairs of the Senate. quate office space, together with such equip- the Senate regarding the 125th anniver- (D) INVESTIGATIONS OF COMPLAINTS OF EM- ment, supplies, and communications facili- PLOYEES AND MEMBERS.— ties and services as may be necessary for the sary of the 1882 Treaty of Peace, (i) AUTHORITY.—The Inspector General may operation of the Office, and shall provide Amity, Commerce and Navigation be- receive and investigate complaints or infor- necessary maintenance services for such of- tween the Kingdom and Chosun (Korea) mation from an employee or member of the fice space and the equipment and facilities and the United States; as follows: Transit Authority concerning the possible located therein. On page 3, strike ‘‘Whereas the Free Trade existence of an activity constituting a viola- (5) TRANSFER OF FUNCTIONS.—To the extent Agreement’’ and all that follows through tion of law, rules, or regulations, or mis- that any office or entity in the Transit Au- ‘‘both countries;’’. management, gross waste of funds, abuse of thority prior to the appointment of the first authority, or a substantial and specific dan- Inspector General under this subsection car- f ger to the public health and safety. ried out any of the duties and responsibil- (ii) NONDISCLOSURE.—The Inspector Gen- ities assigned to the Inspector General under AUTHORITY FOR COMMITTEES TO eral shall not, after receipt of a complaint or this subsection, the functions of such office MEET information from an employee or member, or entity shall be transferred to the Office COMMITTEE ON ARMED SERVICES disclose the identity of the employee or upon the appointment of the first Inspector Mrs. BOXER. Mr. President, I ask member without the consent of the employee General under this subsection. or member, unless the Inspector General de- (d) STUDY AND REPORT BY COMPTROLLER unanimous consent that the Com- termines such disclosure is unavoidable dur- GENERAL.— mittee on Armed Services be author- ing the course of the investigation. (1) STUDY.—The Comptroller General shall ized to meet during the session of the (iii) PROHIBITING RETALIATION.—An em- conduct a study on the use of the funds pro- Senate on December 18, 2007, at 10 a.m. ployee or member of the Transit Authority vided under section 18 of the National Cap- in open session to consider the fol- who has authority to take, direct others to ital Transportation Act of 1969 (as added by take, recommend, or approve any personnel lowing nominations: Mary Beth Long this section). to be Assistant Secretary of Defense action, shall not, with respect to such au- (2) REPORT.—Not later than 3 years after thority, take or threaten to take any action the date of the enactment of this Act, the for International Security Affairs; against any employee or member as a re- Comptroller General shall submit a report to James Shinn to be Assistant Secretary prisal for making a complaint or disclosing the Committee on Government Reform of of Defense for Asian and Pacific Secu- information to the Inspector General, unless the House of Representatives and the Com- rity Affairs; Craig W. Duehring to be the complaint was made or the information mittee on Homeland Security and Govern- Assistant Secretary of the Air Force disclosed with the knowledge that it was mental Affairs of the Senate on the study for Manpower and Reserve Affairs; and false or with willful disregard for its truth or conducted under paragraph (1). falsity. John H. Gibson to be Assistant Sec- (E) INDEPENDENCE IN CARRYING OUT DU- SA 3880. Mr. PRYOR (for Mr. BIDEN) retary of the Air Force for Financial TIES.—Neither the Board of Directors of the proposed an amendment to the resolu- Management. Transit Authority, the General Manager of tion S. Res. 279, expressing the sense of The PRESIDING OFFICER. Without the Transit Authority, nor any other mem- the Senate regarding the 125th anniver- objection, it is so ordered. ber or employee of the Transit Authority COMMITTEE ON COMMERCE, SCIENCE, AND may prevent or prohibit the Inspector Gen- sary of the 1882 Treaty of Peace, TRANSPORTATION eral from carrying out any of the duties or Amity, Commerce and Navigation be- responsibilities assigned to the Inspector tween the Kingdom and Chosun (Korea) Mrs. BOXER. Mr. President, I ask General under this subsection. and the United States; as follows: unanimous consent that the Com- (4) POWERS.— On page 4, strike lines 4 through 10 and in- mittee on Commerce, Science, and (A) IN GENERAL.—The Inspector General sert the following: Transportation be authorized to meet may exercise the same authorities with re- ‘‘(2) the economic relationship, high- during the session of the Senate on spect to the Transit Authority as an Inspec- lighting the vibrancy and diversity of the Tuesday, December 18, 2007, at 11 a.m., tor General of an establishment may exer- common interests of the United States and in room 253 of the Russell Senate Office cise with respect to an establishment under the Republic of Korea, should be broadened section 6(a) of the Inspector General Act of and deepened;’’. Building, for the purpose of conducting 1978 (5 U.S.C. App. 6(a)), other than para- On page 5, lines 4 and 5, strike ‘‘and sup- a hearing. graphs (7), (8), and (9) of such section. port for peacekeeping’’ and insert ‘‘, support The Committee will be hearing from (B) STAFF.— for peacekeeping, and protection of the envi- the following nominees: Francis (i) ASSISTANT INSPECTOR GENERALS AND ronment’’. Mulvey, Reappointment to be a Mem- OTHER STAFF.—The Inspector General shall ber of the Surface Transportation appoint and fix the pay of— SA 3881. Mr. PRYOR (for Mr. NELSON Board (PN 1084); Denver Stutler, Jr., to (I) an Assistant Inspector General for Au- of Florida) proposed an amendment to dits, who shall be responsible for coordi- the concurrent resolution S. Con. Res. be a Member of the National Railroad nating the activities of the Inspector Gen- 53, condemning the kidnapping and Passenger Corporation Board of Direc- eral relating to audits; hostage-taking of 3 United States citi- tors (Amtrak) (PN 1047); Nancy A. (II) an Assistant Inspector General for In- zens for over 4 years by the Revolu- Naples, to be a Member of the National vestigations, who shall be responsible for co- Railroad Passenger Corporation Board ordinating the activities of the Inspector tionary Armed Forces of Colombia (FARC), and demanding their imme- of Directors (Amtrak) (PN 1046); Thom- General relating to investigations; and as C. Carper, to be a Member of the Na- (III) such other personnel as the Inspector diate and unconditional release; as fol- General considers appropriate. lows: tional Railroad Passenger Corporation (ii) INDEPENDENCE IN APPOINTING STAFF.— Strike ‘‘on July 25, 2003’’ and all that fol- Board of Directors (Amtrak) (PN 1045); No individual may carry out any of the du- lows in the eighth whereas clause of the pre- and Carl T. Johnson, to be Adminis- ties or responsibilities of the Office unless amble and insert ‘‘in a videotape seized by trator of the Pipeline and Hazardous the individual is appointed by the Inspector the Government of Colombia and aired on Materials Safety Administration, De- General, or provides services procured by the November 30, 2007;’’. partment of Transportation (PN 1011). Inspector General, pursuant to this subpara- The PRESIDING OFFICER. Without graph. Nothing in this clause may be con- Mr. PRYOR (for Mr. FEIN- SA 3882. objection, it is so ordered. strued to prohibit the Inspector General GOLD) proposed an amendment to the from entering into a contract or other ar- bill S. 2135, to prohibit the recruitment COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION rangement for the provision of services or use of child soldiers, to designate under this subsection. persons who recruit or use child sol- Mrs. BOXER. Mr. President, I ask (iii) APPLICABILITY OF TRANSIT SYSTEM PER- diers as inadmissible aliens, to allow unanimous consent that the Com- SONNEL RULES.—None of the regulations gov- mittee on Commerce, Science, Trans- erning the appointment and pay of employ- the deportation of persons who recruit or use child soldiers, and for other pur- portation be authorized to meet during ees of the Transit System shall apply with the session of the Senate on Tuesday, respect to the appointment and compensa- poses; as follows: tion of the personnel of the Office, except to On page 4, line 7, insert after ‘‘state-spon- December 18, 2007, at 2:30 p.m., in room the extent agreed to by the Inspector Gen- sored’’ the following: ‘‘, excluding any group 253 of the Russell Senate Office Build- eral. Nothing in the previous sentence may assembled solely for non-violent political as- ing, for the purpose of conducting a be construed to affect clauses (i) and (ii). sociation’’. hearing.

VerDate Aug 31 2005 08:36 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.163 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15935 In light of the recent spill in San tor, U.S. Census Bureau, U.S. Depart- motion to reconsider be laid upon the Francisco Bay, this hearing will exam- ment of Commerce. table. ine the oil spill threats, risks, and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without vulnerabilities posed by large nontank objection, it is so ordered. objection, it is so ordered. vessels. Topics will include the preva- COMMITTEE ON THE JUDICIARY The concurrent resolution (S. Con. lence and environmental impact of Mrs. BOXER. Mr. President, I ask Res. 61) was agreed to, as follows: nontank vessel spills, the adequacy and unanimous consent that the Senate S. CON. RES. 61 enforcement of vessel response plans, Committee on the Judiciary be author- Resolved by the Senate (the House of Rep- the status of Coast Guard rulemakings, ized to meet during the session of the resentatives concurring), That when the Sen- the adequacy of nontank liability lim- Senate in order to conduct a hearing ate adjourns on any day from Tuesday, De- its, and the allocation of Coast Guard entitled ‘‘Executive Branch Nomina- cember 18, 2007, through Monday, December and other Federal resources toward oil 31, 2007, on a motion offered pursuant to this tions’’ on Tuesday, December 18, 2007 at concurrent resolution by its Majority Leader spill prevention, preparedness, and oil 10 a.m. in room SD–226 of the Dirksen spill research and development in a or his designee, it stand adjourned sine die, Senate Office Building. or until the time of any reassembly pursuant post–9/11 world. to section 3 of this concurrent resolution; The PRESIDING OFFICER. Without Witness List and that when the House adjourns on any objection, it is so ordered. Ondray T. Harris, to be Director, legislative day from Tuesday, December 18, COMMITTEE ON ENERGY Community Relations Service, Depart- 2007, through Saturday, December 22, 2007, on Mrs. BOXER. Mr. President, I ask ment of Justice; David W. Hagy, to be a motion offered pursuant to this concurrent unanimous consent that the Com- Director of the National Institute of resolution by its Majority Leader or his designee, it stand adjourned sine die, or until mittee on Energy and Natural Re- Justice, Department of Justice; Scott sources be authorized to meet during the time of any reassembly pursuant to sec- M. Burns, to be Deputy Director of Na- tion 3 of this concurrent resolution. the session of the Senate on Tuesday, tional Drug Control Policy, Executive SEC. 2. When the Senate recesses or ad- December 18, 2008, at 10:30 a.m., In Office of the President; Cynthia Dyer, journs on Thursday, January 3, 2008, on a room SD366 of the Dirksen Senate Of- to be Director of the Violence Against motion offered pursuant to this concurrent fice Building. At this hearing, the Com- Women Office, Department of Justice; resolution by its Majority Leader or his des- mittee will hear testimony regarding and Nathan J. Hochman, to be an As- ignee, it shall stand recessed or adjourned the nomination of Jon Wellinghoff, to sistant Attorney General, Tax Divi- until noon on Tuesday, January 22, 2008, or such other time on that day as may be speci- be a Member of the Federal Energy sion, Department of Justice. Regulatory Commission for the term fied in the motion to recess or adjourn, or The PRESIDING OFFICER. Without until the time of any reassembly pursuant to expiring June 30, 2013. (Reappoint- objection, it is so ordered. section 3 of this concurrent resolution, ment). f whichever occurs first; and when the House The PRESIDING OFFICER. Without adjourns on the legislative day of Thursday, objection, it is so ordered. PRIVILEGES OF THE FLOOR January 3, 2008, on a motion offered pursuant to this concurrent resolution by its Majority COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. REED. Mr. President, I ask unan- WORKS Leader or his designee, it shall stand re- imous consent that a fellow in my of- Mrs. BOXER. Mr. President, I ask cessed or adjourned until noon on Tuesday, fice, Louis Bervid, be granted floor unanimous consent that the Com- January 15, 2008, or until the time of any re- privileges for the remainder of this ses- mittee on Environment and Public assembly pursuant to section 3 of this con- sion. current resolution, whichever occurs first. Works be authorized to meet during The PRESIDING OFFICER. Without SEC. 3. The Majority Leader of the Senate the session of the Senate on Tuesday, objection, it is so ordered. and the Speaker of the House, or their re- December 18, 2007, in room S–216 of the spective designees, acting jointly after con- Capitol at a time to be determined in f sultation with the Minority Leader of the order to hold a business meeting to STATEMENTS IN TRIBUTE TO Senate and the Minority Leader of the House, shall notify Members of the Senate consider the following items: pending SENATOR LOTT General Services Administration Reso- and the House, respectively, to reassemble at lutions; S. 862, a bill to designate the Mr. PRYOR. Mr. President, I ask such a place and time as they may designate unanimous consent that the tributes to if, in their opinion, the public interest shall Federal building located at 210 Walnut warrant it. Street in Des Moines, Iowa, as the Senator LOTT in the CONGRESSIONAL ‘‘Neal Smith Federal Building,’’ S. 1189, RECORD be printed as a Senate docu- f a bill to designate the Federal building ment and that Senators be permitted 125TH ANNIVERSARY OF THE 1882 and U.S. Courthouse located at 100 East to submit statements for inclusion in TREATY OF PEACE, AMITY, COM- 8th Avenue in Pine Bluff, Arkansas, as the RECORD until January 30, 2008. MERCE AND NAVIGATION The PRESIDING OFFICER. Without the ‘‘George Howard, Jr. Federal Build- Mr. PRYOR. Mr. President, I ask objection, it is so ordered. ing and United States Courthouse’’; unanimous consent that the Foreign and H.R. 735, a bill to designate the f Relations committee be discharged Federal building under construction at PROVIDING FOR A CONDITIONAL from further consideration of S. Res. 799 First Avenue in New York, New ADJOURNMENT OR RECESS OF 279 and that the Senate then proceed to York, as the ‘‘Ronald H. Brown United THE HOUSE AND SENATE its immediate consideration. States Mission to the United Nations The PRESIDING OFFICER. Without Building’’. Pending nominations: Kris- Mr. PRYOR. Mr. President, I ask objection, it is so ordered. tine L. Svinicki, of Virginia, to be a unanimous consent that the Senate The clerk will report the resolution Member of the Nuclear Regulatory proceed to the immediate consider- by title. Commission; Gregory B. Jaczko, of the ation of S. Con. Res. 61, the adjourn- The legislative clerk read as follows: District of Columbia, to be a Member ment resolution. A resolution (S. Res. 279) expressing the of the Nuclear Regulatory Commission. The PRESIDING OFFICER. The sense of the Senate regarding the 125th anni- The PRESIDING OFFICER. Without clerk will report the concurrent resolu- versary of the 1882 Treaty of Peace, Amity, objection, it is so ordered. tion by title. Commerce and Navigation between the King- COMMITTEE ON HOMELAND SECURITY AND The legislative clerk read as follows: dom of Chosun (Korea) and the United GOVERNMENTAL AFFAIRS A concurrent resolution (S. Con. Res. 61) States. Mrs. BOXER. Mr. President, I ask providing for a conditional adjournment or There being no objection, the Senate unanimous consent that the Com- recess of the Senate and a conditional ad- proceeded to consider the resolution. mittee on Homeland Security and Gov- journment of the House of Representatives. Mr. PRYOR. Mr. President, I ask ernmental Affairs be authorized to There being no objection, the Senate unanimous consent that the amend- meet during the session of the Senate proceeded to consider the resolution. ment at the desk be considered and on Tuesday, December 18, 2007, at 3:30 Mr. PRYOR. Mr. President, I ask agreed to, the resolution, as amended, p.m. in order to consider the nomina- unanimous consent that the concur- be agreed to, the amendment to the tion of Steven H. Murdock to be Direc- rent resolution be agreed to and the preamble be agreed to, the preamble,

VerDate Aug 31 2005 08:33 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.170 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15936 CONGRESSIONAL RECORD — SENATE December 18, 2007 as amended, be agreed to, that the mo- Strike ‘‘on July 25, 2003’’ and all that fol- The PRESIDING OFFICER. Without tions to reconsider be laid upon the lows in the eighth whereas clause of the pre- objection, it is so ordered. table, en bloc, that any statements be amble and insert ‘‘in a videotape seized by Mr. PRYOR. I ask unanimous con- the Government of Colombia and aired on sent that the resolutions be agreed to, printed in the RECORD. November 30, 2007;’’. The PRESIDING OFFICER. Without the preambles be agreed to, and the The premable, as amended, was objection, it is so ordered. motions to reconsider be laid upon the agreed to. The amendment (No. 3880) was agreed table en bloc. The concurrent resolution, with its The PRESIDING OFFICER. Without to as follows: preamble, as amended, reads as follows: (Purpose: To strike a reference to the 2007 objection, it is so ordered. S. CON. RES. 53 Free Trade Agreement and to add environ- f Whereas the Revolutionary Armed Forces mental protection to the list of bilateral RACE DAY IN AMERICA goals that should be addressed by the of Colombia (FARC) is designated as a for- United States and the Republic of Korea) eign terrorist organization by the Depart- The resolution (S. Res. 410) desig- ment of State; nating February 17, 2008, as ‘‘Race Day On page 4, strike lines 4 through 10 and in- Whereas the FARC utilizes kidnappings for sert the following: ransom, extortion, and the drug trade to fi- in America’’ and highlighting the 50th ‘‘(2) the economic relationship, high- nance its activities; running of the Daytona 500 was consid- lighting the vibrancy and diversity of the Whereas the FARC has consistently com- ered and agreed to. common interests of the United States and mitted atrocities against citizens of both Co- The preamble was agreed to. the Republic of Korea, should be broadened lombia and the United States, kidnapped at The resolution, with its preamble, and deepened;’’. least 36 United States citizens since 1980, and reads as follows: On page 5, lines 4 and 5, strike ‘‘and sup- killed 10 United States citizens; S. RES. 410 port for peacekeeping’’ and insert ‘‘, support Whereas an aircraft carrying United States Whereas the Daytona 500 is the most pres- for peacekeeping, and protection of the envi- citizens crashed over territory controlled by tigious stock car race in the United States; ronment’’. the FARC on February 13, 2003; Whereas the Daytona 500 annually kicks The resolution (S. Res. 279), as Whereas Keith Stansell, Thomas Howes, off the National Association for Stock Car amended, was agreed to. and Marc Gonsalves, 3 United States citizens Auto Racing (NASCAR) Sprint Cup Series, The amendment (No. 3883) was agreed on the aircraft, were taken hostage by the NASCAR’s top racing series; FARC on February 13, 2003; to, as follows: Whereas millions of racing fans have spent Whereas the FARC murdered Tom Janis, On page 3, strike ‘‘Whereas the Free Trade the 3rd Sunday of each February since 1959 another United States citizen on the downed Agreement’’ and all that follows through watching, listening to, or attending the Day- aircraft; ‘‘both countries;’’. tona 500; The preamble, as amended, was Whereas 3 United States citizens on a subsequent search mission also lost their lives; Whereas the purse for the Daytona 500 is agreed to. Whereas the 3 hostages were last shown typically the largest in motor sports; The resolution (S. Res. 279), as alive in a videotape seized by the Govern- Whereas winning the prestigious Harley J. amended, with its preamble, as amendment of Colombia and aired on November 30, Earl Trophy is stock car racing’s greatest ed, reads as follows: 2007; prize and privilege; (The resolution will be printed in a Whereas a police officer from Colombia Whereas nearly 1,000,000 men and women in the Armed Forces in nearly 180 countries future edition of the RECORD.) who escaped from the FARC in April 2007 claims he saw the 3 United States hostages worldwide listen to the race on the radio via f alive in April 2007; the American Forces Network; CONDEMNING THE KIDNAPPING OF Whereas at least 50 FARC leaders have Whereas Daytona International Speedway is the home of ‘‘The Great American Race’’— THREE UNITED STATES CITI- been indicted in the United States for drug trafficking; and the Daytona 500; ZENS BY THE REVOLUTIONARY Whereas fans from all 50 States and many ARMED FORCES OF COLOMBIA Whereas Ricardo Palmera, the most senior FARC leader to be tried in the United foreign nations converge on the ‘‘World Cen- Mr. PRYOR. Mr. President, I ask States, was convicted of conspiring to take ter of Racing’’ each year to see the motor unanimous consent that the Foreign the United States citizens hostage in Colom- sports spectacle; Whereas Daytona International Speedway Relations Committee be discharged bia: Now, therefore, be it Resolved by the Senate (the House of Rep- becomes one of the largest cities in the State from further consideration of S. Con. of Florida by population on race day, with Res. 53 and the Senate then proceed to resentatives concurring), That Congress— (1) condemns the kidnappings of Keith more than 200,000 fans in attendance; its immediate consideration. Stansell, Thomas Howes, and Marc Whereas well-known politicians, celeb- The PRESIDING OFFICER. Without Gonsalves by the Revolutionary Armed rities, and athletes take part in the festivi- objection, it is so ordered. Forces of Colombia (FARC) and calls for ties surrounding the Daytona 500; and The clerk will report the concurrent their immediate and unconditional release; Whereas, on February 17th, 2008, the Day- resolution by title. (2) condemns the FARC for holding these tona 500 celebrates its historic 50th running: The legislative clerk read as follows: hostages for more than 4 years and demands Now, therefore, be it to know their health and status; Resolved, That the Senate— A concurrent resolution (S. Con. Res. 53) (1) recognizes the 50th running of the Day- condemning the kidnapping and hostage-tak- (3) condemns the FARC for the murder of Tom Janis; tona 500, ‘‘The Great American Race’’, on ing of 3 United States citizens for over 4 February 17, 2008; and years by the Revolutionary Armed Forces of (4) condemns the FARC for its use of kidnapping for ransom, extortion, and drug traf- (2) designates February 17, 2008, as ‘‘Race Colombia (FARC), and demanding their im- Day in America’’ in honor of the Daytona mediate and unconditional release. ficking and for supporting and spreading terror within Colombia; 500. There being no objection, the Senate (5) expresses sympathy to the relatives of f proceeded to consider the concurrent the hostages who have been unsure of the HONORING THE LIFE AND ACCOM- resolution. fates of their family members for more than PLISHMENTS OF DR. HECTOR P. Mr. PRYOR. I ask unanimous con- 4 years; sent that the concurrent resolution be (6) reconfirms that the United States Gov- GARCIA agreed to; the amendment to the pre- ernment does not make concessions to ter- The resolution (S. Res. 411) honoring amble be agreed to; the preamble, as rorists; and the life and recognizing the accom- (7) reiterates that the United States Gov- amended, be agreed to; the motions to plishments of Texas civil rights pio- ernment supports efforts to secure the safe neer Dr. Hector P. Garcia was consid- reconsider be laid upon the table en return of the hostages to the United States. bloc; and any statements relating ered and agreed to. f thereto be printed in the RECORD with- The preamble was agreed to. out further intervening action or de- UNANIMOUS CONSENT AGREE- The resolution, with its preamble, bate. MENT—RESOLUTIONS EN BLOC was agreed to, as follows: The PRESIDING OFFICER. Without Mr. PRYOR. I ask unanimous con- S. RES. 411 objection, it is so ordered. sent that the Senate now proceed to Whereas, Hector P. Garcia was born on The concurrent resolution (S. Con. January 17, 1914, in Llera, a small town in the en bloc consideration of the fol- south central Tamaulipas, Mexico; Res. 53) was agreed to. lowing Senate resolutions which were Whereas, Hector P. Garcia was brought to The amendment (No. 3881) was agreed submitted earlier today: S. Res. 410, Mercedes, Texas, as a small child when his to, as follows: 411, 412, 413, 414, 415, and 416. parents fled the Mexican Revolution in 1917;

VerDate Aug 31 2005 08:33 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.185 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15937 Whereas, Dr. Hector P. Garcia graduated Whereas Delaware responded by driving (3) requests the Secretary of the Senate to from the University of Texas Medical School the ball to the Appalachian State 1-foot line, transmit an enrolled copy of the resolution in 1940, and later joined the United States where the Mountaineers stonewalled the to— Army; Blue Hens with an impressive defensive (A) Dr. Kenneth E. Peacock, Chancellor of Whereas, Dr. Hector P. Garcia served as an stand; Appalachian State University; infantryman, a combat engineer, and a med- Whereas, on the ensuing possession, sopho- (B) Charles Cobb, Athletic Director of the ical doctor during World War II, and earned more Devon Moore extended the lead to 14–0 University; and the Bronze Star medal with six battle stars in a touchdown run that capped a 5-play, 99- (C) Jerry Moore, Head Coach. for his distinguished service; yard drive to set an Appalachian State Whereas, Dr. Hector P. Garcia founded the school record for longest scoring drive; f American GI Forum in 1948 to fight for equal Whereas Appalachian State extended the treatment of Mexican-American veterans, lead to 21–0 with 10:22 remaining in the 2nd COMMENDING WAKE FOREST including proper medical treatment and edu- quarter as freshman tight end Daniel Kilgore UNIVERSITY DEMON DEACONS cational benefits; recovered a fumble in the endzone for the Whereas, in 1949, Dr. Hector P. Garcia se- The resolution (S. Res. 413) com- touchdown as the Mountaineers scored on cured a burial with full military honors at their 1st 3 drives of the game; mending the Wake Forest University Arlington National Cemetery for Pvt. Felix Whereas Delaware broke into the scoring Demon Deacons of Winston-Salem, Longoria after a Texas funeral home refused column with only 1:10 remaining in the 1st North Carolina, for winning the 2007 to hold a wake for Pvt. Longoria, a U.S. sol- half, in a play that was originally ruled in- National Collegiate Athletic Associa- dier killed during World War II, for the sole complete, but upon official review was ruled reason that he was Hispanic; tion Men’s Soccer National Champion- Whereas, President Lyndon Johnson made a touchdown to cut the Appalachian State ship was considered and agreed to. Dr. Hector P. Garcia the first Mexican-Amer- lead to 21–7; The preamble was agreed to. ican to serve as an ambassador to the United Whereas Appalachian State answered the The resolution, with its preamble, Nations; score 26 seconds later as Armanti Edwards reads as follows: Whereas Dr. Hector P. Garcia was the first threw a 60-yard touchdown pass to senior S. RES. 413 Hispanic to serve on the U.S. Commission on Dexter Jackson, in his 4th touchdown pass Civil Rights; this season to Dexter Jackson for more than Whereas the Wake Forest Demon Deacons Whereas, in 1984, President Ronald Reagan 59 yards; beat the Ohio State Buckeyes 2–1 to win the bestowed upon Dr. Hector P. Garcia the Whereas Appalachian State opened scoring finals of the 2007 College Cup; Presidential Medal of Freedom; in the 3rd quarter to extend their lead to 35– Whereas, in the 11th minute, Demon Dea- Whereas Dr. Hector P. Garcia devoted his 7; con goalkeeper Brian Edwards blocked a life to fighting for civil rights and edu- Whereas Delaware countered to cut the Ap- close-range shot and defender Lyle Adams cational access for Mexican-Americans; palachian State lead to 35–14; cleared the net to prevent the Buckeyes from Whereas this nation has benefited from Dr. Whereas Kevin Richardson then ran the attempting to score on the rebound; Hector P. Garcia’s legacy of generosity and lead to 42–14 with a 6-yard touchdown for his Whereas Brian Edwards was named the commitment to equality: Now, therefore, be 2nd score of the game, in which he posted a Most Outstanding Defensive Player at the it total of 111 yards rushing and 27 yards re- College Cup after making 12 saves in the Resolved, That the Senate honors the life of ceiving with touchdowns both on the ground NCAA Championships and allowing only two Dr. Hector P. Garcia, a selfless physician, and by air; goals in five postseason games; decorated World War II veteran, dedicated Whereas Kevin Richardson is Appalachian Whereas, in the very next possession, Ohio family man, and civil rights hero, and joins State’s all-time leading rusher, closing his State’s Roger Espinoza scored in the 13th in the celebration of his birthday, January college career with 4,797 yards on the ground; minute; 17. Whereas sophomore quarterback Armanti Whereas Marcus Tracy had the tying goal f Edwards had 198 yards passing, 89 yards rush- in the 66th minute, his third of the 2007 Col- ing and 3 passing touchdowns, and finishes lege Cup, finishing a run from sophomore COMMENDING THE APPALACHIAN Cody Arnoux; STATE UNIVERSITY MOUNTAIN- the season with 1,948 yards passing and 1,587 yards rushing, falling just short of becoming Whereas Zack Schilawski scored the game- EERS OF BOONE, NORTH CARO- the 1st player in NCAA history to pass for winning goal in the 74th minute by taking a LINA 2,000 yards and rush for 1,000 yards twice in cross from Marcus Tracy and firing the cen- The resolution (S. Res. 412) com- his career; ter shot from 10 yards out; Whereas for seniors Julian Valentin, Pat mending the Appalachian State Uni- Whereas Corey Lynch finishes his career with 52 pass breakups, capturing the NCAA Phelan, Brian Edwards, and Alimer versity Mountaineers of Boone, North Gonzales, the game marked the end of their Carolina, for winning the 2007 National Division I record for career passes defended; Whereas the team’s championship victory college careers; Collegiate Athletic Association Divi- finished off a remarkable season for the Whereas Marcus Tracy was named the sion 1 Football Championship Subdivi- Mountaineers, who, on September 1, 2007, in Most Outstanding Offensive Player at the College Cup after scoring both goals in the 2– sion (formerly Division 1–AA) Cham- their 1st game of the 2007 season, beat the 0 semifinal win over Virginia Tech, scoring pionship was considered and agreed to. University of Michigan Wolverines, ranked the game-tying goal in the finals against The preamble was agreed to. 5th nationally at the time, by a score of 34– Ohio State, and assisting on the game-win- The resolution, with its preamble, 32 in front of 109,000 spectators at ‘‘The Big ning goal by Zack Schilawski; House’’ in Ann Arbor, Michigan, marking the reads as follows: Whereas Sam Cronin, Zach Schilawski, and 1st time a Division 1–AA team has ever beat- S. RES. 412 Cody Arnoux were all named to the College en a nationally ranked Division 1–A team; Whereas, in 2005, Appalachian State Uni- Cup All-Tournament Team; Whereas the Mountaineers finished off this versity became the first team from North Whereas Wake Forest was represented on impressive 2007 season with a 13–2 record; Carolina to win a National Collegiate Ath- the National Soccer Coaches Association of Whereas the Appalachian State Mountain- letic Association (NCAA) football champion- America (NSCAA)/Adidas All-America team ship with its victory over the University of eers 2007 All-Americans include Kerry by defender Pat Phelan (first team), Northern Iowa; Brown, Corey Lynch, Kevin Richardson, midfielder Sam Cronin (second team) and Whereas, in 2006, Appalachian State Uni- Armanti Edwards, Gary Tharrington, and Je- forward Cody Arnoux (third team), and was versity defeated the University of Massachu- rome Touchstone; and the only school to have a representative on setts football team to win its 2nd straight Whereas the Mountaineers enjoy wide- the first, second, and third All-America championship; spread support from their spirited and dedi- teams; Whereas, in December 2007, the Appa- cated fans as well as the entire Appalachian Whereas defender Julian Valentin was lachian State University Mountaineers won State University community: Now, there- named to the All-Senior All-America team their 3rd straight NCAA Division 1 national fore, be it sponsored by Lowe’s; title by winning the Division 1 Football Resolved, That the Senate— Whereas Wake Forest’s run to the national Championship Subdivision (formerly known (1) applauds the Appalachian State Univer- championship included a second round win as the Division 1–AA Championship), the sity Mountaineers football team for its his- over Furman (1–0), a third round win over first Football Championship Subdivision toric season and National Collegiate Ath- West Virginia (3–1), a quarterfinal round win team in history to accomplish this feat, letic Association Division 1 Football Cham- over Notre Dame (1–0), and a semifinal round beating the University of Delaware (Dela- pionship Subdivision title; win over Virginia Tech (2–0); ware) Blue Hens by a score of 49–21; (2) recognizes the hard work and prepara- Whereas Wake Forest finished with a 22–2– Whereas, in the 2007 championship game, tion of the players, head coach Jerry Moore, 2 record on the season; senior tailback Kevin Richardson opened the and the assistant coaches and support per- Whereas Wake Forest was the number two scoring with a 19-yard touchdown reception sonnel who all played critical roles in this seed in the tournament and making its sec- on a screen pass from Armanti Edwards; championship; and ond consecutive College Cup appearance;

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.093 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15938 CONGRESSIONAL RECORD — SENATE December 18, 2007 Whereas the Demon Deacons have been to (1) the Senate designates January 2008 as Resolved, That the Senate— 12 NCAA Tournaments including seven ‘‘National Stalking Awareness Month’’; (1) honors the life and accomplishments of straight; (2) it is the sense of the Senate that— William Karnet ‘‘Bill’’ Willis, a dedicated Whereas Wake Forest was ranked first or (A) National Stalking Awareness Month family man, civil servant, and football leg- second in the major soccer polls for the vast provides an opportunity to educate the peo- end; and majority of the 2007 regular season; ple of the United States about stalking; (2) respectfully requests the Secretary of Whereas the NCAA title is the eighth na- (B) the people of the United States should the Senate to transmit an enrolled copy of tional championship for Wake Forest ath- applaud the efforts of the many victim serv- this resolution for appropriate display to the letics; and ice providers, police, prosecutors, national family of Bill Willis. Whereas the university also holds three ti- and community organizations, and private f tles in field hockey (2002, 2003, 2004), three ti- sector supporters for their efforts in pro- tles in men’s golf (1974, 1975, 1986) and a title moting awareness of stalking; and 60TH ANNIVERSARY OF THE in baseball (1955): Now, therefore, be it (C) policymakers, criminal justice offi- UNITED STATES AIR FORCE Resolved, That the Senate— cials, victim service and human service (1) applauds the Wake Forest University agencies, nonprofit organizations, and others The resolution (S. Res. 416) recog- Demon Deacons men’s soccer team for its should recognize the need to increase aware- nizing the 60th anniversary of the historic season and championship title; ness of stalking and the availability of serv- United States Air Force as an inde- (2) recognizes the hard work and prepara- ices for stalking victims; and pendent military service was consid- tion of the players, head coach Jay Vidovich, (3) the Senate urges national and commu- ered and agreed to. and the assistant coaches and support per- nity organizations, businesses in the private The preamble was agreed to. sonnel who all played critical roles in this sector, and the media to promote awareness championship; and of the crime of stalking through observation The resolution, with its preamble, (3) requests the Secretary of the Senate to of National Stalking Awareness Month. reads as follows: transmit an enrolled copy of the resolution f S. RES. 416 to— Whereas President Harry S Truman signed (A) Dr. Nathan O. Hatch, President of HONORING THE LIFE OF WILLIAM the National Security Act of 1947 on July 26, Wake Forest University; KARNET ‘‘BILL’’ WILLIS 1947, to realign and reorganize the Armed (B) Ron Wellman, Director of Athletics at Forces and to create a separate Department the University; and The resolution (S. Res. 415) honoring the life and recognizing the accom- of the Air Force from the existing military (C) Jay Vidovich, Head Coach. services; f plishments of William Karnet ‘‘Bill’’ Whereas the National Security Act of 1947 Willis, pioneer and Hall of Fame foot- NATIONAL STALKING AWARENESS was enacted on September 18, 1947; ball player for both Ohio State Univer- Whereas the Aeronautical Division of the MONTH sity and the Cleveland Browns was con- United States Army Signal Corps, consisting The resolution (S. Res. 414) desig- sidered and agreed to. of one officer and two enlisted men, began nating January 2008 as ‘‘National The preamble was agreed to. operation under the command of Captain Stalking Awareness Month’’ was con- The resolution, with its preamble, Charles DeForest Chandler on August 1, 1907, sidered and agreed to. reads as follows: with the responsibility for ‘‘all matters per- taining to military ballooning, air machines, The preamble was agreed to. S. RES. 415 The resolution, with its preamble, and all kindred subjects’’; Whereas William Karnet Willis (‘‘Bill’’) Whereas in 1908, the Department of War reads as follows: was born on October 5, 1921, in Columbus, contracted with the Wright brothers to build S. RES. 414 Ohio; one heavier-than-air flying machine for the Whereas an estimated 1,006,970 women and Whereas, in 1942, Bill Willis began playing United States Army, and accepted the 370,990 men are stalked annually in the college football for the Ohio State Univer- Wright Military Flyer, the world’s first mili- United States and, in the majority of such sity’s Buckeyes and was a member of the tary airplane, in 1909; cases, the person is stalked by someone who 1942 National Championship team; Whereas United States pilots, flying with is not a stranger; Whereas Bill Willis earned All-American both allied air forces and with the Army Air Whereas 81 percent of women who are honors at the Ohio State University in 1943 Service, performed admirably in the course stalked by an intimate partner are also and 1944, becoming the first African Amer- of World War I, participating in pursuit, ob- physically assaulted by that partner, and 76 ican All-American at the Ohio State Univer- servation, and day and night bombing mis- percent of women who are killed by an inti- sity; sions; mate partner were also stalked by that part- Whereas Bill Willis was twice chosen to Whereas pioneering aviators of the United ner; play in the College All-Star Game, in 1944 States, including Mason M. Patrick, William Whereas 74.2 percent of stalking victims and in 1945; ‘‘Billy’’ Mitchell, Benjamin D. Foulois, report that being stalked interfered with Whereas, on August 7, 1946, Bill Willis was Frank M. Andrews, Henry ‘‘Hap’’ Arnold, their employment, 26 percent of stalking vic- the first of a pioneering foursome to sign a James ‘‘Jimmy’’ H. Doolittle, and Edward tims lose time from work as a result of their contract to play professional football for the ‘‘Eddie’’ Rickenbacker, were among the first victimization, and 7 percent of stalking vic- Cleveland Browns, forever ending the race to recognize the military potential of air tims never return to work; barrier in professional football; power and courageously forged the founda- Whereas stalking victims are forced to Whereas Bill Willis was named 3 times an tions for the creation of an independent arm take drastic measures to protect themselves, All-America Football Conference all-league for air forces in the United States in the dec- such as relocating, changing their addresses, player, named 4 times a National Football ades following World War I; changing their identities, changing jobs, and League all-league player, and was named to Whereas on June 20, 1941, the Department obtaining protection orders; the first 3 Pro Bowls; of War created the Army Air Forces (AAF) Whereas stalking is a crime that cuts Whereas, in 1950, Bill Willis was a member as its aviation element and shortly there- across race, culture, gender, age, sexual ori- of the National Football League champion after the Department of War made the AAF entation, physical and mental ability, and Cleveland Browns and was named the team’s co-equal to the Army Ground Forces; economic status; Most Valuable Player; Whereas General Henry H. ‘‘Hap’’ Arnold Whereas stalking is a crime under Federal Whereas, in 1971, Bill Willis was inducted drew upon the industrial prowess and human law and under the laws of all 50 States and into the National Football Foundation’s Col- resources of the United States to transform the District of Columbia; lege Football Hall of Fame; the Army Air Corps from a force of 22,400 Whereas rapid advancements in technology Whereas, in 1977, Bill Willis was inducted men and 2,402 aircraft in 1939 to a peak war- have made cybersurveillance the new fron- to the Pro Football Hall of Fame; time strength of 2.4 million personnel and tier in stalking; Whereas Bill Willis was synonymous with 79,908 aircraft; Whereas national organizations, local vic- his number 99 jersey in the Ohio State Uni- Whereas the standard for courage, flexi- tim service organizations, prosecutors’ of- versity community, and that number was re- bility, and intrepidity in combat was estab- fices, and police departments stand ready to tired on November 3, 2007; lished for all Airmen during the first aerial assist stalking victims and work diligently Whereas Bill Willis dedicated his life to raid in the Pacific Theater on April 18, 1942, to craft competent, thorough, and innovative helping others and served his community when Lieutenant Colonel James ‘‘Jimmy’’ H. responses to stalking; and honorably on the Ohio Youth Commission; Doolittle led 16 North American B–25 Mitch- Whereas there is a need to enhance the Whereas Bill Willis was a beloved commu- ell bombers in a joint operation from the criminal justice system’s response to stalk- nity leader, husband, and father; and deck of the naval carrier USS Hornet to ing and stalking victims, including through Whereas Ohio has lost a beloved son and a strike the Japanese mainland in response to aggressive investigation and prosecution: trailblazing pioneer with the passing of Bill the Japanese attack on Pearl Harbor; Now, therefore, be it Willis on November 27, 2007: Now, therefore, Whereas President Harry S Truman sup- Resolved, That— be it ported organizing air power as an equal arm

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.095 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15939 of the military forces of the United States, previous conflicts, continued serving the CORRECTING THE ENROLLMENT writing on December 19, 1945, that air power United States with honor and dignity under OF H.R. 660 had developed so that the responsibilities the most inhumane circumstances; and contributions to military strategic plan- Whereas, in recent decades, the USAF and Mr. PRYOR. I ask unanimous con- ning of air power equaled those of land and coalition partners of the United States have sent that the Senate proceed to the im- sea power; supported successful actions in Panama, Bos- mediate consideration of S. Con. Res. Whereas on September 18, 1947, W. Stuart nia-Herzegovina, Kosovo, Iraq, Afghanistan, 62. Symington became the first Secretary of the and many other locations around the globe; The PRESIDING OFFICER. The newly formed and independent United States Whereas Pacific Air Forces, along with clerk will report the concurrent resolu- Air Force (USAF), and on September 26, 1947, Asia-Pacific partners of the United States, General Carl A. Spaatz became the first tion by title. ensure peace and advance freedom from the The legislative clerk read as follows: Chief of Staff of the USAF; west coast of the United States to the east Whereas the Air National Guard was also coast of Africa and from the Arctic to the A concurrent resolution (S. Con. Res. 62) to created by the National Security Act of 1947 Antarctic, covering more than 100 million correct the enrollment of H.R. 660. and has played a vital role in guarding the square miles and the homes of 2 billion peo- There being no objection, the Senate United States and defending freedom in near- ple in 44 countries; proceeded to consider the concurrent ly every major conflict and contingency Whereas the United States Air Forces in resolution. since its inception; Europe, along with European partners of the Whereas on October 14, 1947, the USAF Mr. PRYOR. I ask unanimous con- United States, have shaped the history of sent that the concurrent resolution be demonstrated its historic and ongoing com- Europe from World War II, the Cold War, Op- mitment to technological innovation when eration Deliberate Force, and Operation Al- agreed to; the motion to reconsider be Captain Charles ‘‘Chuck’’ Yeager piloted the lied Force to today’s operations, and secured laid upon the table; and any state- X–1 developmental rocket plane to a speed of stability and ensured freedom’s future in the ments relating thereto be printed in Mach 1.07, becoming the first flyer to break Europe, Africa, and Southwest Asia; the RECORD. the sound barrier in a powered aircraft in Whereas, for 17 consecutive years begin- The PRESIDING OFFICER. Without level flight; ning with 1990, Airmen have been engaged in objection, it is so ordered. Whereas the USAF Reserve, created April full-time combat operations ranging from 14, 1948, is comprised of Citizen Airmen who The concurrent resolution (S. Con. Desert Shield to Iraqi Freedom, and have Res. 62) was agreed to, as follows: serve as unrivaled wingmen of the active shown themselves to be an expeditionary air duty USAF in every deployment, mission, and space force of outstanding capability S. CON. RES. 62 and battlefield around the globe; ready to fight and win wars of the United Resolved by the Senate (the House of Rep- Whereas the USAF operated the Berlin States when and where Airmen are called resentatives concurring), That in the enroll- Airlift in 1948 and 1949 to provide humani- upon to do so; ment of H.R. 660, an Act to amend title 18, tarian relief to post-war Germany and has Whereas the USAF is steadfast in its com- United States Code, to protect judges, pros- established a tradition of humanitarian as- mitment to field a world-class, expeditionary ecutors, witnesses, victims, and their family sistance in responding to natural disasters air force by recruiting, training, and edu- members, and for other purposes, the Clerk and needs across the world; cating its Total Force of active duty, Air Na- of the House of Representatives shall strike Whereas the USAF announced a policy of tional Guard, Air Force Reserve, and civilian section 502 of the Act and insert the fol- racial integration in the ranks of the USAF personnel; lowing: on April 26, 1948, 3 months prior to a Presi- Whereas the USAF is a steward of re- ‘‘SEC. 502. MAGISTRATE JUDGES LIFE INSUR- dential mandate to integrate all military sources, developing and applying technology, ANCE. services; managing acquisition programs, and main- ‘‘(a) IN GENERAL.—Section 604(a)(5) of title 28, Whereas in the early years of the Cold War, taining test, evaluation, and sustainment United States Code, is amended by inserting the USAF’s arsenal of bombers, such as the criteria for all USAF weapon systems after ‘hold office during good behavior’, the fol- long-range Convair B–58 Hustler and B–36 lowing: ‘magistrate judges appointed under sec- Peacemaker, and the Boeing B–47 Stratojet throughout such weapon systems’ life cycles; tion 631 of this title,’. and B–52 Stratofortress, under the command Whereas, when terrorists attacked the ‘‘(b) CONSTRUCTION.—For purposes of con- of General Curtis LeMay served as the United States on September 11, 2001, USAF struing and applying chapter 87 of title 5, United States’ preeminent deterrent against fighter and air refueling aircraft took to the United States Code, including any adjustment Soviet Union forces and were later aug- skies to fly combat air patrols over major of insurance rates by regulation or otherwise, mented by the development and deployment United States cities and protect families, the following categories of judicial officers shall of medium range and intercontinental bal- friends, and neighbors of people of the United be deemed to be judges of the United States as listic missiles, such as the Titan and Minute- States from further attack; described under section 8701 of title 5, United man developed by General Bernard A. Whereas, on December 7, 2005, the USAF Schriever; modified its mission statement to include States Code: ‘‘(1) Magistrate judges appointed under sec- Whereas the USAF, employing the first flying and fighting in cyberspace and tion 631 of title 28, United States Code. large-scale combat use of jet aircraft, helped prioritized the development, maintenance, ‘‘(2) Magistrate judges retired under section to establish air superiority over the Korean and sustainment of war fighting capabilities 377 of title 28, United States Code. peninsula, protected ground forces of the to deliver unrestricted access to cyberspace ‘‘(c) EFFECTIVE DATE.—Subsection (b) and the United Nations with close air support, and and defend the United States and its global amendment made by subsection (a) shall apply interdicted enemy reinforcements and sup- interests; with respect to any payment made on or after plies during the conflict in Korea; Whereas Airmen around the world are com- the first day of the first applicable pay period Whereas after the development of launch mitted to fighting and winning the Global beginning on or after the date of enactment of vehicles and orbital satellites, the mission of War on Terror and have flown more than this Act.’’. the USAF expanded into space and today 430,000 sorties to precisely target and engage provides exceptional real-time global com- insurgents who attempt to violently disrupt f munications, environmental monitoring, rebuilding in Iraq and Afghanistan; Whereas talented and dedicated Airmen EXTENDING ESSENTIAL AIR navigation, precision timing, missile warn- SERVICE SUBSIDIES ing, nuclear deterrence, and space surveil- will meet the future challenges of an ever- lance; changing world with strength and resolve; Mr. PRYOR. Mr. President, I ask Whereas USAF Airmen have contributed to Whereas the USAF, together with its joint unanimous consent that the Com- the manned space program of the United partners, will continue to be the United mittee on Commerce be discharged States since the program’s inception and States’ leading edge in the ongoing fight to ensure the safety and security of the United from further consideration of S. 2260, throughout the program’s development at and the Senate proceed to its imme- the National Aeronautics and Space Admin- States; and istration by dedicating themselves wholly to Whereas during the past 60 years, the diate consideration. space exploration despite the risks of explo- USAF has repeatedly proved its value to the The PRESIDING OFFICER. Without ration; Nation, fulfilling its critical role in national objection, it is so ordered. The clerk Whereas the USAF engaged in a limited defense, and protecting peace, liberty, and will report the bill by title. campaign of air power to assist the South freedom throughout the world: Now, there- The legislative clerk read as follows: fore, be it Vietnamese government in countering the A bill (S. 2260) to extend the existing provi- communist Viet Cong guerillas during the Resolved by the Senate, That the Senate re- sions regarding the eligibility for essential Vietnam War and fought to disrupt supply members, honors, and commends the air service subsidies through fiscal year 2008. lines, halt enemy ground offensives, and pro- achievements of the United States Air Force tect United States and Allied forces; in serving and defending the United States There being no objection, the Senate Whereas Airmen were imprisoned and tor- on the 60th anniversary of the creation of the proceeded to consider the bill. tured during the Vietnam War and, in the United States Air Force as an independent Mr. PRYOR. Mr. President, I ask valiant tradition of Airmen held captive in military service. unanimous consent that the bill be

VerDate Aug 31 2005 08:43 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.100 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15940 CONGRESSIONAL RECORD — SENATE December 18, 2007 read a third time and passed, the mo- The Internal Revenue Restructuring Senate will be able to take further nec- tion to reconsider be laid upon the and Reform Act of 1998 provides that essary steps to confirm a new Commis- table, and that any statements relating the President appoints the IRS Com- sioner. The IRS needs strong leadership to the measure be printed in the missioner to a 5-year term. On the face for the upcoming filing season and be- RECORD. of it, the Commissioner’s term of office yond. The PRESIDING OFFICER. Without might seem quite clear. But lawyers in I thank my colleagues for their sup- objection, it is so ordered. the administration and the Senate port of this legislation to clarify the The bill (S. 2260) was ordered to be have disagreed over when the 5-year term of the IRS Commissioner. engrossed for a third reading, was read term begins and ends. the third time, and passed, as follows: Specifically, there is dispute over Mr. President, the legislative history of this provision is inextricably tied to S. 2260 whether the term of the IRS Commis- the legal opinions of distinguished Be it enacted by the Senate and House of Rep- sioner follows the calendar or the per- counsel for the Senate, the Justice De- resentatives of the United States of America in son. Let me explain. Congress assembled, If the term follows the calendar, the partment, and the Congressional Re- SECTION 1. ESSENTIAL AIR SERVICE. tenure of the Commissioner begins on search Service. The opinion of the Sen- (a) IN GENERAL.—Subsection (d) of section the same date every 5 years. For exam- ate Legal Counsel reflects the motiva- 409 of the Vision 100—Century of Aviation ple, if one term ends on November 12, tions of this Senator in advancing this Reauthorization Act (49 U.S.C. 41731 note) is then the next term begins the next day legislation. And the opinions of the amended by striking ‘‘September 30, 2007’’ Justice Department and the Congres- and inserting ‘‘September 30, 2008’’. on November 13—whether or not a new Commissioner has been confirmed. sional Research Service are essential (b) EFFECTIVE DATE.—The amendment to understanding the need for this leg- made by subsection (a) shall take effect on This arrangement provides certainty September 29, 2007, and shall apply with re- for the Commissioner’s term. It allows islation. Mr. President, I commend to spect to any final order issued under sub- for planning and continuity of leader- my colleagues the legal opinions pre- section (c) of section 409 of such Act that was ship. It minimizes the ability of an ad- pared by the Senate Legal Counsel, the in effect on such date. ministration to play games with the Justice Department’s Office of Legal f timing of the term by waiting to fill a Counsel, and the Congressional Re- search Service’s American Law Divi- ERNEST CHILDERS DEPARTMENT vacancy. sion. OF VETERANS AFFAIRS OUT- If the term follows the person, then PATIENT CLINIC the tenure of each Commissioner be- Mr. PRYOR. Mr. President, I ask gins on the date of that individual’s ap- unanimous consent that the bill be Mr. PRYOR. Mr. President, I ask pointment. Under this scenario, a read three times, passed, and the mo- unanimous consent that the Com- President deliberately could wait to tion to reconsider be laid upon the mittee on Veterans’ Affairs be disappoint a new Commissioner until table, and that any statements relating charged from further consideration of right before the end of the President’s to the measure be printed in the H.R. 366, and the Senate proceed to its term, leaving the next President to in- RECORD. immediate consideration. The PRESIDING OFFICER. Without herit an appointee whom the new The PRESIDING OFFICER. Without objection, it is so ordered. The clerk President did not choose. objection, it is so ordered. While the President waited, the IRS will report the bill by title. The bill (S. 2436) was ordered to be could be without a permanent Commis- The legislative clerk read as follows: engrossed for a third reading, was read sioner indefinitely. That would put tax A bill (H.R. 366) to designate the Depart- the third time, and passed, as follows: ment of Veterans Affairs Outpatient Clinic administration at risk. S. 2436 in Tulsa, Oklahoma, as the ‘‘Ernest Childers There is another reason why it is im- Department of Veterans Affairs Outpatient portant to clarify the term of the Com- Be it enacted by the Senate and House of Rep- Clinic.’’ missioner. Ambiguity in the term resentatives of the United States of America in There being no objection, the Senate could lead taxpayers to question Congress assembled, proceeded to consider the bill. whether the Commissioner is legiti- SECTION 1. CLARIFICATION OF TERM OF THE Mr. PRYOR. Mr. President, I ask mately in office. And thus ambiguity COMMISSIONER OF INTERNAL REV- unanimous consent that the bill be could call into question the Commis- ENUE. read a third time and passed, the mo- sioner’s authority to enforce the tax (a) IN GENERAL.—Paragraph (1) of section tion to reconsider be laid upon the laws. 7803(a) of the Internal Revenue Code of 1986 table, and that any statements relating For example, if the term arguably (relating to appointment) is amended to read to the measure be printed in the ended in November, but the Commis- as follows: ‘‘(1) APPOINTMENT.— RECORD. sioner signed a tax pronouncement the next month, in December, then a tax- ‘‘(A) IN GENERAL.—There shall be in the De- The PRESIDING OFFICER. Without partment of the Treasury a Commissioner of objection, it is so ordered. payer might challenge the Commis- Internal Revenue who shall be appointed by The bill (H.R. 366) was ordered to a sioner’s authority to act. Tax adminis- the President, by and with the advice and third reading, was read the third time, tration could be compromised. Taxes consent of the Senate. Such appointment and passed. that are legally owed might not be col- shall be made from individuals who, among other qualifications, have a demonstrated f lected. Staff for the Treasury and the Senate ability in management. AMENDING THE INTERNAL gave this issue much thoughtful discus- ‘‘(B) TERM.—The term of the Commissioner REVENUE CODE OF 1986 sion. We received credible legal opin- of Internal Revenue shall be a 5-year term, Mr. PRYOR. Mr. President, I ask ions on both sides. We need to resolve beginning with a term to commence on No- vember 13, 1997. Each subsequent term shall unanimous consent that the Senate the tenure of the term before the Sen- begin on the day after the date on which the proceed to the immediate considerate confirms another Commissioner. previous term expires. ation of Calendar No. 528, S. 2436. To resolve the differences of interpre- ‘‘(C) VACANCY.—Any individual appointed The PRESIDING OFFICER. The tation, I worked with the administra- as Commissioner of Internal Revenue during clerk will report the bill by title. tion to develop the language in this a term as defined in subparagraph (B) shall The legislative clerk read as follows: bill. The ranking Republican member be appointed for the remainder of that term. A bill (S. 2436) to amend the Internal Rev- of the Finance Committee, my friend, ‘‘(D) REMOVAL.—The Commissioner may be removed at the will of the President. enue Code of 1986 to clarify the term of the Senator CHUCK GRASSLEY, is the prin- Commissioner of Internal Revenue. ‘‘(E) REAPPOINTMENT.—The Commissioner cipal cosponsor. I am advised that the may be appointed to serve more than one There being no objection, the Senate President and the Treasury Secretary term.’’. proceeded to consider the bill. both agree that this legislation is nec- (b) EFFECTIVE DATE.—The amendment Mr. BAUCUS. Mr. President, I am essary to resolve any concerns over the made by this section shall apply as if in- pleased that today the Senate is acting term of the Commissioner. cluded in the amendment made by section on S. 2436, a bill to clarify the term of Upon enactment of this legislation, 1102(a) of the Internal Revenue Service Re- the IRS Commissioner. the Finance Committee and the full structuring and Reform Act of 1998.

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.197 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15941 CHILD SOLDIERS ACCOUNTABILITY litia, or other military organization, wheth- this Subcommittee and Senator ACT OF 2007 er or not it is state-sponsored.’’. COBURN is its ranking member. (2) STATUTE OF LIMITATIONS.—Chapter 213 The use of child soldiers has been re- Mr. PRYOR. Mr. President, I ask of title 18, United States Code is amended by unanimous consent that the Senate adding at the end the following: ported in 21 ongoing or recent conflicts proceed to the immediate consider- ‘‘§ 3300. Recruitment or use of child soldiers throughout the world since 2001, in- ation of Calendar No. 532, S. 2135. ‘‘No person may be prosecuted, tried, or cluding conflicts in Colombia, Uganda, The PRESIDING OFFICER. The punished for a violation of section 2442 un- the Democratic Republic of Congo and clerk will report the bill by title. less the indictment or the information is Sri Lanka. The proliferation of small The legislative clerk read as follows: filed not later than 10 years after the com- arms, particularly lightweight auto- A bill (S. 2135) to prohibit the recruitment mission of the offense.’’. matic weapons that can be used by or use of child soldiers, to designate persons (3) CLERICAL AMENDMENT.—Title 18, United children as easily as by adults, has con- who recruit or use child soldiers as inadmis- States Code, is amended— tributed to the increased use of child sible aliens, to allow the deportation of per- (A) in the table of sections for chapter 118, soldiers. Child soldiers are often used by adding at the end the following: sons who recruit or use child soldiers, and in conflicts where high desertion rates ‘‘2442. Recruitment or use of child soldiers.’’; for other purposes. and insufficient volunteers have gen- There being no objection, the Senate and erated a shortage of soldiers. (B) in the table of sections for chapter 213, proceeded to consider the bill, which For example, Burma is believed to be was reported by the Committee on the by adding at the end the following: ‘‘3300. Recruitment or use of child soldiers.’’. one of the countries with the largest Judiciary with an amendment, as fol- number of child soldiers in the world. (b) GROUND OF INADMISSIBILITY FOR RE- lows: Burmese military recruiters reportedly [Insert the part printed in italic.] CRUITING OR USING CHILD SOLDIERS.—Section 212(a)(3) of the Immigration and Nationality buy and sell children in a desperate ef- S. 2135 Act (8 U.S.C. 1182(a)(3)) is amended by adding fort to meet recruitment quotas in a Be it enacted by the Senate and House of Rep- at the end the following: setting where low morale, high deser- resentatives of the United States of America in ‘‘(G) RECRUITMENT OR USE OF CHILD SOL- tion rates and insufficient volunteers Congress assembled, DIERS.—Any alien who has committed, or- have created a military personnel cri- SECTION 1. SHORT TITLE. dered, incited, assisted, or otherwise partici- sis. In a report to the U.N. Security This Act may be cited as the ‘‘Child Sol- pated in the commission of the recruitment diers Accountability Act of 2007’’. or use of child soldiers in violation of section Council on children and armed conflict SEC. 2. ACCOUNTABILITY FOR THE RECRUIT- 2442 of title 18, United States Code, is inad- in Burma issued last month, the Sec- MENT AND USE OF CHILD SOLDIERS. missible.’’. retary General stated that there has (a) CRIME FOR RECRUITING OR USING CHILD (c) GROUND OF REMOVABILITY FOR RECRUIT- been tremendous pressure to accelerate SOLDIERS.— ING OR USING CHILD SOLDIERS.—Section recruitment rates in the Burmese (1) IN GENERAL.—Chapter 118 of title 18, 237(a)(4) of the Immigration and Nationality armed forces and that recruitment cen- United States Code, is amended by adding at Act (8 U.S.C. 1227(a)(4)) is amended by adding ters have experienced difficulty meet- at the end the following: the end the following: ing their quotas. The U.N. Secretary ‘‘§ 2442. Recruitment or use of child soldiers ‘‘(F) RECRUITMENT OR USE OF CHILD SOL- DIERS.—Any alien described in section General’s report also found that some ‘‘(a) OFFENSE.—Any person who knowingly 212(a)(3)(G) is deportable.’’. children picked up by police in Burma recruits, enlists, or conscripts a person under (d) WITHHOLDING OF REMOVAL.—Section without national identification cards 15 years of age into an armed force or group 241(b)(3)(B) of the Immigration and Nationality or knowingly uses a person under 15 years of are told they can ‘‘choose’’ to be ar- Act (8 U.S.C. 1231(b)(3)(B)) is amended by add- age to participate actively in hostilities— rested or enlist in the army. According ing at the end the following: ‘‘For purposes of ‘‘(1) shall be fined under this title, impris- to another report, children constitute a clause (iii), an alien who is removable under oned not more than 20 years, or both; and large percentage of privates in some of section 237(a)(4)(F) or inadmissible under sec- ‘‘(2) if the death of any person results, tion 212(a)(3)(G) shall be considered an alien the new Burmese army battalions and shall be fined under this title and imprisoned with respect to whom there are serious reasons some have been forced to participate in for any term of years or for life. to believe that the alien committed a serious human rights abuses, including burn- ‘‘(b) ATTEMPT AND CONSPIRACY.—Any per- nonpolitical crime.’’. ing villages. son who attempts or conspires to commit an (e) ASYLUM.—Section 208(b)(2)(B) of the Immi- offense under this section shall be punished One Burmese boy was reportedly gration and Nationality Act (8 U.S.C. forcibly recruited twice by the time he in the same manner as a person who com- 1158(b)(2)(B) is amended by adding at the end pletes the offense. the following: was 16 years old. This boy was alleg- ‘‘(c) JURISDICTION.—There is jurisdiction ‘‘(iii) RECRUITMENT AND USE OF CHILD SOL- edly sold to a battalion by a corporal over an offense described in subsection (a), DIERS.—For purposes of clause (iii) of subpara- for approximately US$15, a sack of rice and any attempt or conspiracy to commit graph (A), an alien who is removable under sec- and a tin of cooking oil. When this such offense, if— tion 237(a)(4)(F) or inadmissible under section boy’s aunt and grandmother sought his ‘‘(1) the alleged offender is a national of 212(a)(3)(G) shall be considered an alien with the United States (as defined in section release, the captain of the battalion respect to whom there are serious reasons to be- company apparently said he would let 101(a)(22) of the Immigration and Nationality lieve that the alien committed a serious non- Act (8 U.S.C. 1101(a)(22))) or an alien lawfully political crime.’’. the boy go in exchange for five new re- admitted for permanent residence in the Mr. DURBIN. Mr. President, I rise to cruits. The boy reportedly told his United States (as defined in section 101(a)(20) speak in support of the Child Soldiers aunt that he didn’t want five other of such Act (8 U.S.C. 1101(a)(20)); Accountability Act of 2007. This nar- people to have to face what he had ex- ‘‘(2) the alleged offender is a stateless per- perienced in the army. son whose habitual residence is in the United rowly tailored bipartisan legislation States; would make it a crime and a violation There is a clear legal prohibition on ‘‘(3) the alleged offender is present in the of immigration law to recruit or use recruiting and using child soldiers. United States, irrespective of the nationality child soldiers. Congress must ensure Under customary international law, re- of the alleged offender; or that perpetrators who use children to cruitment or use of child soldiers under ‘‘(4) the offense occurs in whole or in part wage war are held accountable and do the age of 15 is a war crime. Over 110 within the United States. not find safe haven in our country. countries, including the United States, ‘‘(d) DEFINITIONS.—In this section: have ratified the Optional Protocol to ‘‘(1) PARTICIPATE ACTIVELY IN HOS- I would like to thank the other origi- TILITIES.—The term ‘participate actively in nal cosponsors of the Child Soldiers Ac- the Convention on the Rights of the hostilities’ means taking part in— countability Act, Senator TOM COBURN Child, which prohibits the recruitment ‘‘(A) combat or military activities related of Oklahoma, Senator RUSSELL FEIN- and use of child soldiers under 18. to combat, including scouting, spying, sabo- GOLD of Wisconsin, and Senator SAM Over the last few years, significant tage, and serving as a decoy, a courier, or at BROWNBACK of Kansas. This bill is a progress has been made in the prosecu- a military checkpoint; or product of the Judiciary Committee’s tion of child soldier recruitment and ‘‘(B) direct support functions related to new Subcommittee on Human Rights use by international courts. In 2005, the combat, including taking supplies to the front line and other services at the front and the Law, which is the first ever International Criminal Court issued its line. congressional committee or sub- first arrest warrants for five Lord’s Re- ‘‘(2) ARMED FORCE OR GROUP.—The term committee dealing specifically with sistance Army commanders from Ugan- ‘armed force or group’ means any army, mi- human rights. I am the chairman of da for, among other crimes, enlisting

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.200 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15942 CONGRESSIONAL RECORD — SENATE December 18, 2007 children as soldiers by two of the com- Recognizing that adults often use tee’s new Subcommittee on Human manders. In February 2006, the Inter- drugs, threats, or other means to pres- Rights and the Law. I am glad that the national Criminal Court issued an ar- sure child soldiers into committing se- efforts Subcommittee Chairman DUR- rest warrant for Thomas Lubanga for rious human rights violations, includ- BIN and I have made to make this sub- the war crime of ‘‘conscripting and ening the recruitment of other children, committee a force for change and to listing children under the age of 15 this legislation seeks to hold adults ac- bring focus on these important issues years and using them to participate accountable for their actions and is not is resulting in legislative action, as tively in hostilities.’’ Mr. Lubanga, the intended to make inadmissible or de- well as providing a forum to put a spot- first person to be arrested by the Inter- portable former child soldiers who par- light on important issues. This is an national Criminal Court, allegedly re- ticipated in the recruitment of other area in which I have worked for many cruited children as young as ten years children. years as the chair and ranking member old to fight for the Union of Congolese Former child soldiers require exten- of the Foreign Operations Sub- Patriots in the northeastern region of sive care and support from family and committee of the Appropriations Com- the Democratic Republic of Congo. others in order to be rehabilitated and mittee. In June 2007, the Special Court for Si- reintegrated into society. As Mr. Beah erra Leone became the first inter- testified, ‘‘[h]ealing from the war was a During the last 5 years, America’s national court to issue convictions for long-term process that was difficult reputation has suffered tremendously. child soldier recruitment, finding three but very possible . . . Effective reha- Some of our ability to lead on human defendants guilty of crimes that in- bilitation of children is in itself a pre- rights issues has been needlessly and cluded conscripting or enlisting chil- ventive measure, and this should be the carelessly squandered. Abu Ghraib, dren under the age of 15. In August focus, not punitive measures against Guantanamo and torture have tar- 2007, the Special Court for Sierra Leone children that have no beneficial out- nished that role and that tradition. found another defendant guilty of come for the child and society.’’ This The secret prisons that the President using child soldiers. legislation should not be interpreted as confirmed last year, this Administra- Despite these positive developments, placing new restrictions on or altering tion’s role in sending people to other the ability of international tribunals the legal status of former child soldiers countries where they would be tor- or hybrid courts to try these cases is who are seeking admission or are al- tured, and recent revelations of the de- limited. The average perpetrator still ready present in the United States. struction of videotapes showing cruel runs very little risk of being pros- I urge my colleagues to ask them- interrogations by the CIA have led to ecuted. National courts can and should selves the question Ishmael Beah condemnation by our allies, to legal play a greater role in prosecuting per- posed: Would we want our children or challenges, and to possible criminal in- petrators. grandchildren to endure the pain and Unfortunately, recruiting and using vestigations. suffering that Mr. Beah and other child child soldiers does not violate U.S. I was proud to work with Senator soldiers face? As Mr. Beah reminded us, criminal or immigration law. As a re- DURBIN to create the Human Rights the lives of child soldiers are just as sult, the U.S. government is unable to and the Law Subcommittee. This sub- important as those of our children and punish individuals found in our coun- committee will continue to closely ex- grandchildren. We have a moral obliga- try who have recruited or used child tion to take action to help these young amine some of the important and dif- soldiers. In contrast, other grave people and to stop the abhorrent prac- ficult legal issues that are now a focus human rights violations, including tice of recruiting and using child sol- of the Judiciary Committee and will genocide and torture, are punishable work to reverse and correct the dam- under U.S. criminal and immigration diers. I urge my colleagues to support this aging policies established by this ad- law. ministration over the last 6 years. The This loophole in the law was identi- legislation. Mr. LEAHY. Mr. President, I am subcommittee has already spearheaded fied during ‘‘Casualties of War: Child pleased that the Senate today will pass the Genocide Accountability Act, Soldiers and the Law,’’ a hearing held S. 2135, the Child Soldiers Account- which will soon provide a powerful new by the Senate Subcommittee on ability Act of 2007. I commend Senator tool in America’s efforts to prevent and Human Rights and the Law. Ishmael punish genocide, and has made further Beah, a former child soldier and author DURBIN and Senator COBURN for their leadership on this important legisla- progress with hearings and legislation of the bestselling book A Long Way dealing with human trafficking and Gone: Memoirs of a Boy Soldier, testi- tion to combat the unconscionable other vital issues. fied at this hearing. Mr. Beah said this practice of using children as soldiers in gap in the law ‘‘saddens me tremen- violent conflicts, and I was proud to The conduct prohibited by the Child dously’’ and that closing this loophole join as a cosponsor of this bill. I am Soldiers Accountability Act is appall- ‘‘would set a clear example that there glad that Senators DURBIN and COBURN ing but happens all too often through- is no safe haven anywhere for those worked with me and others on the Sen- out the world. We should do everything who recruit and use children in war.’’ ate Judiciary Committee to produce a we can to stop this offense to human The Child Soldiers Accountability consensus bill and to move it through rights and human dignity, which Act will help to ensure that the war Committee and the Senate. The United exacts such great costs from too many criminals who recruit or use children States should do all it can to prevent of the world’s children. I commend the as soldiers will not find safe haven in and punish this conduct which is so Senate for passing this important leg- our country and will allow the U.S. contrary to our values. islation today. Government to hold these individuals This bill creates a tough new crimi- Mr. President, I yield the floor. accountable for their actions. nal provision aimed at those who re- First, this bill will make it a crime cruit or conscript children under the Mr. PRYOR. I ask unanimous con- to recruit or use persons under the age age of 15 into armed conflict. It extends sent that a Feingold amendment, of 15 as soldiers. Second, it will enable U.S. jurisdiction to perpetrators of this which is at the desk, be agreed to; the the government to deport or deny ad- crime who are present in the United committee amendment be agreed to; mission to an individual who recruited States, regardless of their nationality the bill, as amended, be read three or used child soldiers under the age of and where the crime takes place, so times and passed; the motions to re- 15. that those who commit human rights consider be laid upon the table with no This legislation will send a clear violations cannot come to this country intervening action or debate, and any message to those adults who delib- as a sanctuary from prosecution. The statements relating to the bill be erately and actively recruit or use chil- bill also amends immigration law to printed in the RECORD. dren to wage war that there are real allow those who have used children as The PRESIDING OFFICER. Without consequences to their actions. By hold- soldiers to be barred or removed from ing such individuals criminally respon- the United States. objection, it is so ordered. sible, our country will help to deter the This bill is another example of the The amendment (No. 3882) was agreed recruitment and use of child soldiers. good work of the Judiciary Commit- to, as follows:

VerDate Aug 31 2005 07:52 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.201 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15943 AMENDMENT NO. 3882 front line and other services at the front ate completes its business today, it (Purpose: To exclude groups assembled sole- line. stand adjourned until 11:30 a.m. ly for non-violent political association ‘‘(2) ARMED FORCE OR GROUP.—The term Wednesday, December 19, 2007; that on from the definition of an armed force or ‘armed force or group’ means any army, mi- Wednesday, following the prayer and group) litia, or other military organization, whether or not it is state-sponsored, excluding any pledge, the Journal of proceedings be On page 4, line 7, insert after ‘‘state-spon- approved to date, the morning hour be sored’’ the following: ‘‘, excluding any group group assembled solely for nonviolent polit- assembled solely for non-violent political as- ical association.’’. deemed expired, the time for the two sociation’’. (2) STATUTE OF LIMITATIONS.—Chapter 213 leaders reserved for their use later in The committee amendment was of title 18, United States Code is amended by the day, and there then be a period of adding at the end the following: agreed to. morning business, with Senators per- The bill (S. 2135), as amended, was or- ‘‘§ 3300. Recruitment or use of child soldiers mitted to speak therein for up to 10 dered to be engrossed for a third read- ‘‘No person may be prosecuted, tried, or minutes each; that during morning ing, was read the third time, and punished for a violation of section 2442 un- business, Senator REED of Rhode Island less the indictment or the information is be recognized for up to 30 minutes; and passed, as follows: filed not later than 10 years after the com- S. 2135 mission of the offense.’’. that on Wednesday, the Senate stand Be it enacted by the Senate and House of Rep- (3) CLERICAL AMENDMENT.—Title 18, United in recess from 12:30 p.m. to 2:15 p.m. for resentatives of the United States of America in States Code, is amended— a party conference meeting. Congress assembled, (A) in the table of sections for chapter 118, The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. by adding at the end the following: objection, it is so ordered. This Act may be cited as the ‘‘Child Sol- ‘‘2442. Recruitment or use of child soldiers.’’; diers Accountability Act of 2007’’. and f SEC. 2. ACCOUNTABILITY FOR THE RECRUIT- (B) in the table of sections for chapter 213, MENT AND USE OF CHILD SOLDIERS. by adding at the end the following: (a) CRIME FOR RECRUITING OR USING CHILD LETTER OF RESIGNATION ‘‘3300. Recruitment or use of child soldiers.’’. SOLDIERS.— Mr. PRYOR. I understand the Chair (1) IN GENERAL.—Chapter 118 of title 18, (b) GROUND OF INADMISSIBILITY FOR RE- has an announcement. CRUITING OR USING CHILD SOLDIERS.—Section United States Code, is amended by adding at The PRESIDING OFFICER. The the end the following: 212(a)(3) of the Immigration and Nationality Chair lays before the Senate the letter ‘‘§ 2442. Recruitment or use of child soldiers Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following: of resignation of Senator TRENT LOTT ‘‘(a) OFFENSE.—Any person who knowingly ‘‘(G) RECRUITMENT OR USE OF CHILD SOL- recruits, enlists, or conscripts a person under of Mississippi. DIERS.—Any alien who has committed, or- 15 years of age into an armed force or group Without objection, the letter is dered, incited, assisted, or otherwise partici- or knowingly uses a person under 15 years of deemed read and spread upon the jour- pated in the commission of the recruitment age to participate actively in hostilities— nal. or use of child soldiers in violation of section ‘‘(1) shall be fined under this title, impris- 2442 of title 18, United States Code, is inad- The letter is as follows: oned not more than 20 years, or both; and missible.’’. DECEMBER 18, 2007. ‘‘(2) if the death of any person results, (c) GROUND OF REMOVABILITY FOR RECRUIT- Hon. RICHARD B. CHENEY, shall be fined under this title and imprisoned ING OR USING CHILD SOLDIERS.—Section President of the United States Senate, for any term of years or for life. 237(a)(4) of the Immigration and Nationality Washington, DC. ‘‘(b) ATTEMPT AND CONSPIRACY.—Any per- Act (8 U.S.C. 1227(a)(4)) is amended by adding DEAR MR. PRESIDENT: I hereby give notice son who attempts or conspires to commit an at the end the following: of my retirement from the Office of United offense under this section shall be punished ‘‘(F) RECRUITMENT OR USE OF CHILD SOL- States Senator from the State of Mississippi. in the same manner as a person who com- DIERS.—Any alien described in section Therefore, I tender my resignation effective pletes the offense. 212(a)(3)(G) is deportable.’’. at 11:30 p.m., December 18, 2007. ‘‘(c) JURISDICTION.—There is jurisdiction (d) WITHHOLDING OF REMOVAL.—Section over an offense described in subsection (a), Respectfully submitted, 241(b)(3)(B) of the Immigration and Nation- and any attempt or conspiracy to commit TRENT LOTT, ality Act (8 U.S.C. 1231(b)(3)(B)) is amended such offense, if— United States Senate. by adding at the end the following: ‘‘For pur- ‘‘(1) the alleged offender is a national of poses of clause (iii), an alien who is remov- the United States (as defined in section f able under section 237(a)(4)(F) or inadmis- 101(a)(22) of the Immigration and Nationality sible under section 212(a)(3)(G) shall be con- Act (8 U.S.C. 1101(a)(22))) or an alien lawfully sidered an alien with respect to whom there ADJOURNMENT UNTIL 11:30 A.M. admitted for permanent residence in the are serious reasons to believe that the alien TOMORROW United States (as defined in section 101(a)(20) committed a serious nonpolitical crime.’’. of such Act (8 U.S.C. 1101(a)(20)); Mr. PRYOR. Mr. President, if there is (e) ASYLUM.—Section 208(b)(2)(B) of the Im- no further business today, I now ask ‘‘(2) the alleged offender is a stateless per- migration and Nationality Act (8 U.S.C. son whose habitual residence is in the United 1158(b)(2)(B) is amended by adding at the end unanimous consent that the Senate States; the following: stand adjourned under the previous ‘‘(3) the alleged offender is present in the ‘‘(iii) RECRUITMENT AND USE OF CHILD SOL- order. United States, irrespective of the nationality DIERS.—For purposes of clause (iii) of sub- There being no objection, the Senate, of the alleged offender; or paragraph (A), an alien who is removable at 12:10 a.m., adjourned until Wednes- ‘‘(4) the offense occurs in whole or in part under section 237(a)(4)(F) or inadmissible day, December 19, 2007, at 11:30 a.m. within the United States. under section 212(a)(3)(G) shall be considered ‘‘(d) DEFINITIONS.—In this section: an alien with respect to whom there are seri- ‘‘(1) PARTICIPATE ACTIVELY IN HOS- f ous reasons to believe that the alien com- TILITIES.—The term ‘participate actively in mitted a serious nonpolitical crime.’’. hostilities’ means taking part in— CONFIRMATION ‘‘(A) combat or military activities related f to combat, including scouting, spying, sabo- Executive nomination confirmed by ORDERS FOR WEDNESDAY, the Senate Tuesday, December 18, 2007: tage, and serving as a decoy, a courier, or at DECEMBER 19, 2007 a military checkpoint; or THE JUDICIARY Mr. PRYOR. Mr. President, I ask ‘‘(B) direct support functions related to JOHN DANIEL TINDER, OF INDIANA, TO BE UNITED combat, including taking supplies to the unanimous consent that when the Sen- STATES CIRCUIT JUDGE FOR THE SEVENTH CIRCUIT.

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