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, THURSDAY, JANUARY 11, 2007 No. 6 Senate The Senate met at 9:30 a.m. and was ator from the State of Montana, to perform preparation to file another one. There called to order by the Honorable JON the duties of the Chair. were some problems with that, as he TESTER, a Senator from the State of ROBERT C. BYRD, indicated to me. I am sure he will have Montana. President pro tempore. a new amendment soon. He is working Mr. TESTER thereupon assumed the with somebody on this side of the aisle, PRAYER chair as Acting President pro tempore. I understand, to come up with a sec- The Chaplain, Dr. Barry C. Black, of- f ond-degree amendment. fered the following prayer: RECOGNITION OF THE MAJORITY Other amendments offered yesterday Let us pray. LEADER are still pending, and, again, I hope we Holy God, who calls out to us, help us can move forward in disposing of these to listen. May we hear Your voice in The ACTING PRESIDENT pro tem- amendments. I think Senator DURBIN the beauties of this Earth and the glo- pore. The majority leader is recog- will be here soon—as soon as we have ries of the skies. Whisper Your mes- nized. the opportunity after we finish morn- sages in the glory of a sunrise and the Mr. REID. Thank you very much, Mr. ing business—to move to table some of splendor of a sunset. Remind us of President. the amendments dealing with appro- Your sovereignty in the orderly transi- f priations matters. tion of the seasons. Speak, Lord, for we MEASURE PLACED ON THE f wait to hear Your voice. CALENDAR—H.R. 2 WELCOMING THE PRESIDING Speak to our Senators. Teach them OFFICER Your plans and priorities. Show them Mr. REID. Mr. President, it is my un- Your paths. Remind them of the power derstanding that H.R. 2 is at the desk Mr. REID. Mr. President, I would of unfettered faith, hope, and love, as and is due for a second reading. also note that the Presiding Officer You awaken their sympathy for those The ACTING PRESIDENT pro tem- today is from the State of Montana. It who live without joy. Give them grace pore. The Senator is correct. The clerk is the first time the distinguished Sen- and courage to follow You. will report the bill by title. ator has presided. We congratulate We pray in Your holy Name. Amen. The legislative clerk read as follows: you. And I recognize the State of Mon- A bill (H.R. 2) to amend the Fair Labor tana is bigger than the State of Ne- f Standards Act of 1938 to provide for an in- vada. PLEDGE OF ALLEGIANCE crease in the Federal minimum wage. I remember, with a lot of fondness, Mr. REID. Mr. President, I object to the first time I campaigned in the The Honorable JON TESTER led the any further proceedings with respect to State of Montana. I was struck by how Pledge of Allegiance, as follows: this bill at this time. big that State is. We flew most all of 2 I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- days around that State and never got United States of America, and to the Repub- pore. Objection is heard. The bill will lic for which it stands, one nation under God, from one end to the other. It is a big indivisible, with liberty and justice for all. be placed on the calendar. State, and we are very grateful they f have a big Senator representing it. f SCHEDULE f APPOINTMENT OF ACTING ETHICS AND LOBBYING REFORM PRESIDENT PRO TEMPORE Mr. REID. Mr. President, we are going to be in a period of morning busi- LEGISLATION The PRESIDING OFFICER. The ness for 90 minutes. The Republicans Mr. REID. Mr. President, the matters clerk will please read a communication will control the first 45 minutes, the before the Senate have been here. to the Senate from the President pro majority will have the remaining 45 There are no restrictions on any tempore (Mr. BYRD). minutes. Following this period of amendments that have been offered. The legislative clerk read the fol- morning business, the Senate will re- We disposed of some campaign finance lowing letter: sume the ethics legislation that is amendments that were offered yester- U.S. SENATE, pending before this body. day. I know the amendments were of- PRESIDENT PRO TEMPORE, Yesterday, I indicated we would vote fered in good faith, in good conscience Washington, DC, January 11, 2007. To the Senate: this morning on the Stevens second-de- by the authors of the amendments. I Under the provisions of rule I, paragraph 3, gree amendment dealing with air- agree with the author of those amend- of the Standing Rules of the Senate, I hereby planes. However, Senator STEVENS de- ments, that we need to take a look at appoint the Honorable JON TESTER, a Sen- cided to withdraw the amendment in campaign finance reform, but I think it

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

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VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S406 CONGRESSIONAL RECORD — SENATE January 11, 2007 should be done in the right way and ess is complete, we will have a vote in IRAQ that is to have hearings. the Senate. As to when that will be, Mr. MCCONNELL. Briefly, Mr. Presi- I believe we need extensive hearings under Senate schedules, sometimes it dent, with regard to the President’s re- on these matters. And both Senator is difficult to determine, but we will marks last night, I think the American BENNETT and Senator FEINSTEIN have have one. I will not prejudice the out- people would like to see us prevail in agreed to do that. So if there are other come of the vote on the President’s Iraq, succeed in Iraq. And the defini- campaign finance matters, we would plan, but I will say this: Putting more tion of ‘‘success,’’ obviously, would be approach those in the same manner as U.S. combat forces in the middle of an a stable government and an ally in the we did these. Iraqi civil war is a mistake. war on terror. What prevents that is vi- It is very important we finish this In November, voters all across the olence in Baghdad. legislation. We are going to do the very country spoke loudly for change in This plan announced last night to best we can to do that, and we are Iraq. That was the issue. In over- clear and hold Baghdad neighborhoods going to finish it next week. whelming numbers, they delivered a gives the capital city a chance to quiet Now, I told the Republican leader, vote of no confidence on the Presi- down, to create the kind of secure envi- late last night, that I am thinking of dent’s opened-ended commitment and ronment that will allow this fledgling filing cloture tomorrow or Tuesday on demanded we begin to bring this war to democracy to begin to function. this matter. I think people have had a close. I think the President should be given every opportunity to offer amend- Last December, the Baker-Hamilton a chance to carry this out. Rather than ments, to debate those amendments. I Commission—a respected panel of for- condemn it before it even starts, it am sure there will be others that will eign policy experts who studied the seems to me it would be appropriate to be offered and debated, I hope, today. It law, patriots all—echoed the voters’ give it a chance to succeed. If it could is an important piece of legislation. call for change. The Commission, succeed, it would be an enormous step But I hope people would do their best which included both Democrats and forward in the war on terror. to direct it toward what we are trying Republicans, determined the time has Finally, let me say, it is no accident to do; that is, ethics and lobbying re- come to transition our forces out of we have not been attacked again here form. Iraq, while launching a diplomatic and for the last 5 years. I hope no one be- f regional strategy to try to hold to- lieves that is a quirk of fate. The rea- IRAQ gether this destabilized region. son we have not been attacked again But last night, the President—in here at home for the last 5 years is be- Mr. REID. Mr. President, the distin- choosing escalation—ignored the will guished Republican leader, with me cause we have been on offense in Af- of the people, the advice of the Baker- ghanistan and Iraq. Many of the terror- and a few others, met with the Presi- Hamilton Commission, and a signifi- dent yesterday. I told the President ists are now dead, many are incarcer- cant number of top generals, two of ated, others are hiding and on the run. how much I thought of him, personally. whom were commanders in the field. I told him, even though my fondness The policy of being on offense has In choosing to escalate the war, the been 100 percent successful in pro- for him is significant, I disagree with a President virtually stands alone. number of his policies, not the least of tecting our homeland, and we are Mr. President, we have lost more grateful for that, that no Americans which is what is going on in Iraq. than a score of soldiers from Nevada. He announced his new plan last have been attacked for 5 years. The same applies to every State in the Mr. President, I yield the floor. night, and it was basically what he told Union. From the State of Pennsyl- us there at the White House yesterday. vania—I was speaking to the junior f The President admitted he had made Senator from Pennsylvania—they lost RESERVATION OF LEADER TIME some mistakes, and I think that is more than 140. So many have sacrificed The ACTING PRESIDENT pro tem- commendable, the right thing to do, so much. They have done their job, because there have been mistakes pore. Under the previous order, the these brave men and women. It is time leadership time is reserved. made in the waging of that war. But by for a policy, I believe, that honors their calling for escalation of this conflict, I service by putting the future of Iraq in f think he is on the verge of making an- the hands of the Iraqis. MORNING BUSINESS other mistake. As I made clear in a letter to the f The ACTING PRESIDENT pro tem- President last Friday, along with pore. Under the previous order, there Speaker of the House PELOSI, I oppose RECOGNITION OF THE MINORITY will be a period for the transaction of his new plan because it sends the LEADER morning business for up to 90 minutes, wrong signal to the Iraqis, to the The ACTING PRESIDENT pro tem- with the first half of the time under Americans, and to the rest of the pore. The Republican leader. the control of the minority and the world. President Bush is Commander in second half of the time under the con- Chief, and his proposal deserves serious f trol of the majority. consideration by this body, and we will The Senator from Iowa. ETHICS AND LOBBYING REFORM give it serious consideration. f In the days ahead, we will give his Mr. MCCONNELL. Mr. President, let proposal and the overall situation in me echo the comments of the majority IRAQ Iraq a thorough review. I received a leader about the underlying bill. The Mr. GRASSLEY. Mr. President, fol- call late last night from one Demo- Senate passed, essentially, this bill 90 lowing the other two speakers in re- cratic Senator who has a proposal, to 8 last year. Because of difficulties in gard to Iraq, I want to say a couple early this morning from another Sen- dealing with the other body, we were things. No. 1, anybody who criticizes ator, a Democratic Senator, who has not able to complete the job. But the what the President is proposing or any- some ideas. We heard, yesterday, from Senate is ready to act. Members on body else is proposing or what has been Senator COLEMAN. He opposes the this side of the aisle are ready to act. done cannot get away with criticizing. surge. Senator BROWNBACK is in Iraq I share the majority leader’s view that There has to be another plan. I want to and issued a press release saying he op- we ought to wrap this important lobby hear plans from people who think that posed the surge. and ethics reform bill up sometime what the President is doing is wrong. But we are going to have hearings. next week, and we will be cooperating What would they do? Those hearings are starting today on toward that end. The second thing is that even the the war that is raging in Iraq. Tomor- We made good progress yesterday. Iraq Study Group, which is very bipar- row, there will be further hearings by There are a number of other amend- tisan, said there should not be a pre- the Armed Services Committee. In ments to be dealt with. We expect to cipitous withdrawal from Iraq. those hearings, experts will be asked deal with many of them today and in In regard to what my distinguished about his proposal. And when the proc- the morning. leader of the Republican caucus had to

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S407 say, that there has not been any attack war on terrorism. What is going on in from the news media do the talking. I on Americans in the 5 years since 9/11, Afghanistan is not the war on ter- will begin with Secretary Michael those who are criticizing our efforts on rorism. The war on terrorism covers Leavitt, head of the Department of the war against terror would be the many nations, many threats to Amer- Health and Human Services, who said: first ones, if we had an attack this very ican people. The life of every one of us Government negotiation of prices does not day, of criticizing the President of the in this Chamber right now, if we were work unless you have a program completely United States: Why wasn’t he on top to to go over to some parts of the world, run by the government. Federal price nego- prevent some sort of attack? And be- would be threatened. We expect the tiations would unravel the whole structure President of the United States to pro- of the Medicare drug benefit, which relies on cause America has not been attacked, competing private plans. there tends to be a short memory tect us because he is Commander in Just today, the Secretary wrote an about the fact that we did lose 3,000 Chief and because the responsibility of op-ed in the Washington Post that if Americans. And we know it can happen the Federal Government under the the Government was required to nego- again. Constitution, No. 1, is the protection of tiate—I am quoting the Secretary— We know that terrorists came into the American people. ‘‘one government official would set O’Hare with the idea of a dirty bomb in f more than 4,400 prices for different America. We know there were people GOVERNMENT NEGOTIATION OF drugs, making decisions that would be who were going to blow up bridges in DRUG PRICES better made by millions of individual New York City who were caught and Mr. GRASSLEY. Mr. President, I did consumers.’’ the plans known. We individual Sen- The Secretary went on to say: ators have been told by the CIA and by not come to the floor to talk about Iraq. I am not on too many of the com- There are many ways the administration the FBI about many instances of where and Congress can work together to make terrorist attacks against Americans mittees that deal with foreign rela- tions and military issues. I am on the health care more affordable and accessible. have been stopped, and American lives But undermining the Medicare prescription have not been lost because of that. But Finance Committee, serving as a team drug benefit, which has improved the lives they cannot talk about it because we player with the capable chairman of and health of millions of seniors and people do not want the terrorists to know that committee, Senator BAUCUS, to with disabilities, is not one of them. what we know about them. deal with health issues, tax issues, and The next person I would like to quote Too much attention on Iraq detracts trade issues. is Dan Mendelson, a former Clinton ad- from the fact that there are terrorists One of the health issues I have been ministration official, who now is presi- in 60 different countries around the speaking on for the last several days is dent of a health care consulting firm the issue of Medicare and prescription world waiting to kill Americans. Evi- that tracks Medicare prescription drug drugs. For 3 days you have heard this dence of that was American military programs. Mr. Mendelson, a former Senator say why Democratic efforts to people working with the Filipinos over Clinton administration official, said: ruin the Medicare prescription drug the weekend to kill two terrorists con- From a rhetorical perspective, Democrats program by doing away with the non- nected with radical religious groups. may feel like they gain a lot with this issue, We finally were able to get at some of intervention clause is bad for senior but there are many substantive hurdles that the people who should have been ar- citizens. I will take this fourth day of the government faces in trying to negotiate speaking to quote from other experts prices. If you look historically at the govern- rested in the previous administration, because I don’t presume that any of the ment’s experience in trying to regulate if a proper relations with Saudi Arabia other 99 Senators care what I say. I prices, it’s poor. had brought it about, who thought up have said it anyway. But I want to That was an official from the Clinton the bombing of the embassies in east back up what I have said over the last administration. As supporting evi- Africa when 12 Americans were killed 3 days by quoting from other people dence, a Chicago Tribune editorial said and 200 other people were killed. We be- whom other Senators may be listening the following: lieve one of those persons was killed in to in the period of time between now Richard S. Foster, the chief actuary for a strike we were making in Somalia and a couple of weeks from now when the Centers for Medicare and Medicaid Serv- over the weekend. So we are involved this issue of prescription drugs is going ices, studied whether direct government ne- in more than just Iraq in the war on to come up. gotiation would yield bigger discounts. His terror. On Monday I spoke about how the answer: Not likely. People who forget what happened to benefit uses prescription drug plans One reason, he said, was Medicare’s America on 9/11, and if it happened and competition to keep costs down unreassuring record on price negotia- again, some of the people who are criti- and how well that is working. I backed tions, even before this new benefit was cizing what the President is doing that up statistically. I said it then, and passed. would be there saying, as they were I say it again: If it ain’t broke, don’t I made the point the other day that soon after September 11: Why wasn’t fix it. over the last 40 years, we have seen the President on top of what happened I presented findings from the chief CMS, HHS, price health care, wasting a on September 11 so it wouldn’t happen actuary at the Center for Medicare lot of taxpayers’ dollars, because the again, when there were five instances Services. And for the benefit of a new Government has overpriced things, of Americans being killed: 1993, 1995, Senator chairing, this chief actuary is overreimbursed things. Mobile wheel- 1997, 1999, before 2001, and this body the one people on his side of the aisle chairs is just the most recent example passed the Iraqi Liberation Act unani- were quoting so extensively, that there I have used in some of my hearings in mously in 1998 because President Clin- was a much higher figure coming out of my committee while I was chairing it. ton was saying what a threat Saddam the administration than what the CBO Medicare has a history, following on Hussein was to the United States or to had, and there was an effort to keep what I said, of paying for some drugs the world as well and that he had to go. that hidden—what the chief actuary ‘‘at rates that, in many instances, were When you have that bipartisan sup- said it would cost—from the Congress substantially greater than the pre- port at a time when Americans are so that we would pass a bill that was vailing price levels. Translation: The being attacked and killed—in 1993, 1995, more expensive than we said it was. feds got fleeced.’’ 1997, and 1999, before 9/11 somewhere And if he could be quoted then, I want That is the chief actuary that people around the world—you have to stop to people to listen to him now. on the other side of the aisle were think, it isn’t just Iraq. It isn’t just Af- I also quoted experts from the Con- quoting so liberally 3 years ago. I hope ghanistan. It isn’t just 9/11. These reli- gressional Budget Office, explicitly re- they will take his analysis of what is gious radicals have been out to kill jecting opponents’ claims that giving going on now in Medicare, working Americans going way back to 250 ma- the Secretary of Health and Human well for seniors, into consideration be- rines being killed in Lebanon in 1983. Services the authority to negotiate fore they screw everything up with an And there are individual instances of with drug companies would produce amendment to do away with the non- terrorism before that. savings. interference clause. The war on terrorism isn’t something Today I will let the words of others Now I want to show you a chart. I new. What is going on in Iraq is not the from across the political spectrum and guess this will be the first chart. I

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S408 CONGRESSIONAL RECORD — SENATE January 11, 2007 want to start with the Washington Every day we are reading about cost That is what he thought. Post in November, when they printed a overruns of Government programs, and And, lo and behold, the prices fell again. At quote from Marilyn Moon, director of here is one that is coming in 30 percent some point you have to ask: What are we the health program at the American under cost, and somebody wants to looking for here? Institutes for Research. She is a former screw it up by offering amendments to Let me tell you what the press is say- trustee of the Social Security and change what has worked, the one lever ing. Medicare trust funds, a former senior that has brought about 35-percent First, a Washington Post editorial analyst of the Congressional Budget lower prices for the 25 drugs most used represented an insightful view, saying: Office, and the new Senator presiding by senior citizens, and that is on top of A switch to government purchasing of will find out that the Congressional the 38-percent lower price for pre- Medicare drugs would choke off this experi- Budget Office is God here. If they say ment before it had a chance to play out, and miums to which I have already re- it would usher in its own problems. For the something is going to cost something, ferred. moment, the Democrats would do better to it costs something. If we think it costs A poll of the Medicare beneficiaries invest their health care energy elsewhere. less, we go by what they say. If you by J. D. Power & Associates, which A USA Today editorial took it a step want to overrule them, it takes a 60- takes consumer temperatures of all further, saying: vote supermajority. Marilyn Moon is sorts of products, found that 45 percent A deeper look, however, suggests that the currently president of the board of the of the beneficiaries surveyed were ‘‘de- Democrats’ proposal was more of a campaign Medicare Rights Center. lighted’’ with the Medicare drug ben- pander than a fully baked plan . . . gov- She says: efit. They gave their own drug plan a 10 erning is different than campaigning. The This is going to be much more of a morass on a 10-point scale, and another 35 per- public would be best served if the new Con- than people think. Negotiating drug prices is cent of those surveyed gave their pre- gress conducts indepth oversight to gather a feel good kind of answer, but it’s not one the facts, rather than rushing through legis- that is easy to imagine how you put it into scription drug plan an 8 or 9 rating on lation within 100 hours to fix something that practice. a 10-point scale. And other polls are isn’t necessarily broken. Dr. Alan Enthoven, professor at consistent. So that is 80 percent satis- In other words, this Senator says, for Stanford University, now emeritus—we fied. a third time, if it ain’t broke, don’t fix often read his writings because he is All of the program’s successes have it. such an expert in health care financ- been challenged at various times by Finally, put simply by the National ing—wrote in the Wall Street Journal this program’s opponents, and each Review, Government negotiation ‘‘is a an opinion piece: time these challenges have been proven solution in search of a problem and When the government negotiates its hands wrong. could unnecessarily disrupt a benefit are tied because there are few drugs it can As the plan continues to return posi- that is working well for seniors.’’ exclude without facing political backlash tive results, skeptics are beginning to I am sure the Presiding Officer from doctors and the Medicare population, a change their opinion as well. I want to doesn’t want to disappoint people in very influential group. quote Dr. Reischauer, who is former Montana. Quoting further from Dr. Enthoven: Director of the Congressional Budget What compounds the problem is the Congressional Democrats need to be care- Office, and has great respect on the fact that neither I nor anyone else has ful in making the logical leap from market Democratic and Republican sides. He is heard Democrats explain how Govern- share to bargaining power. Empowering the a nationally known expert on Medi- ment negotiation would work. I spoke government to negotiate with pharma- care. Currently, he is president of the a great deal about this yesterday. I am ceutical companies is not necessarily equiva- Urban Institute and serves as vice not going to go into the details of it, lent to achieving lower drug prices. In fact, chair of the Medicare Payment Advi- but I want my colleagues to hear what neither economic theory nor historical expe- the New York Times says. How many rience suggests that will be the outcome. sory Commission. This is a very candid statement by times do I quote the New York Times? An editorial in the Dallas Morning somebody who had their doubts about But when it is very useful, I like to do News echoed my statement from Mon- this program when it was put in place. it. day that beneficiaries do not want the They raise these questions about the He says: Government in their medicine cabinet. Democrats’ proposal, H.R. 4, as seen by A quote from the Dallas editorial: Initially, people were worried no private ‘‘many economists and health policy plans would participate. Giving the feds the power to negotiate experts . . . as a paradox.’’ drug prices for seniors would effectively cede In other words, we were patterning On the one hand, Democrats want the control of the pharmaceutical industry to it, as I said, after the Federal Employ- Government to negotiate lower drug Washington. When congressional Democrats ees Health Benefits Program of 50 prices for Medicare beneficiaries, but, press for this change, remember they’re years. We wanted to transplant that on the other hand, they insist that the pushing for much more than lower prices. for the benefit of senior citizens in Government should not decide which They’re seeking to move the line where gov- Medicare. We didn’t know if our pro- ernment should stop and the marketplace drugs are covered. I made clear yester- should start. gram would work, even though it day, if you don’t have a formulary, as worked for Federal employees. As he But let’s talk about who really mat- the House bill does not have, you have said, there were doubts. ters in this case. Who really matters no lever for the Government to nego- Continuing to quote: are the beneficiaries, the senior citi- tiate. That is why the Veterans’ Ad- zens, the disabled people on Social Se- Then too many plans came forward. ministration put in a formulary. curity, and, of course, the taxpayers Parenthetically, a heck of a lot more People say they want to do it like ought to be given equal or more consid- plans than we anticipated. We even the Veterans’ Administration does. eration. Once again, to emphasize, if it thought at one time there were going Then why does the first bill in the ain’t broke, don’t fix it. to be so few plans, and because we House of Representatives take out the In 2006, premiums were 38 percent wanted people to have some choice, only tool by which the Veterans’ Ad- lower than originally anticipated. By that we were going to have to have the ministration leverages lower prices? Continuing the paradox issue brought ‘‘originally anticipated,’’ I mean the Federal Government subsidize an extra up, and I am quoting from the New work that was done by CMS and the plan just for people to have choice. But York Times: Congressional Budget Office to give us then the complaint was too many information when we wrote this bill in plans. The bill says the Secretary ‘‘shall nego- tiate’’ lower prices. On the other hand, the 2003. We also find out that the net cost He goes on to another point: drug benefit would still be delivered by pri- to the Federal Government is lower Then people said it’s going to cost a for- vate insurers. Each plan would establish its than expected. The 10-year cost of Part tune. And the price came in lower than any- own list of covered drugs, known as a for- D has dropped $189 billion, representing body thought. Then people like me— mulary, and the Secretary could not ‘‘estab- a 30-percent drop in the actual cost Meaning Dr. Reischauer— lish or require a particular formulary.’’ compared to the original projections. said they’re low-balling the prices the first In the same New York Times article, I ask: How many times do Govern- year and they’ll jack up the rates down the James R. Lang, former president of An- ment programs come in under cost? line. them Prescription Management—a

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S409 drug benefit manager is what he is— quest of Chairman DINGELL, the chair- Ms. MIKULSKI. Mr. President, may I said this: man of the Committee on Energy and offer an accommodating suggestion, For this proposal to work, the Government Commerce, concluded the following, that after the Senator from Texas would have to take over price negotiations. and here I am quoting again and I have speaks, I be allowed to speak—I need It would have to take over formularies. You a chart on this quote: about 10 minutes—and then the Sen- can’t do one without the other. H.R. 4— ator from Colorado can speak. But if But the House bill just introduced That is the Democratic bill in the you have your 12 and another 15, it says you can. That is a parenthetical House— really will cause havoc over here. on my part. Mr. ALLARD. Mr. President, can we would have negligible effect on federal work out maybe an agreement for 10 Continuing to quote: spending because we anticipate that the Sec- Drug manufacturers won’t give up some- retary would be unable to negotiate prices minutes for Senator CORNYN, the Sen- thing for nothing. They will want a preferred across the broad range of covered Part D ator from Maryland uses her 10, and position on the Medicare formulary—some drugs that are more favorable than those ob- then I would like to have 15 minutes. I way to increase the market share of their tained by PDPs under current law. ask unanimous consent for that. products. The letter continues to say: Ms. MIKULSKI. I have no objection The only comparison I know of is, of to that. . . . [W]ithout the authority to establish a Mr. CORNYN. I have no objection. course, the Veterans’ Administration. I formulary, we believe that the Secretary have already referred to that point. So would not be able to encourage the use of The ACTING PRESIDENT pro tem- when people come up to me and ask particular drugs by Part D beneficiaries, and pore. Without objection, it is so or- why the Government negotiates for as a result would lack the leverage to obtain dered. veterans and not for seniors, I tell significant discounts in his negotiations Mr. CORNYN. I thank the Senators. The ACTING PRESIDENT pro tem- them what the Medicare system, mod- with drug manufacturers. pore. The Senator from Texas is recog- eled after the VA, would look like. In conclusion, the CBO’s letter to Mr. nized. Yesterday I spent some time explain- DINGELL says: ing what Government negotiations . . . [T]he PDPs have both the incentives f looked like for the VA and other Fed- and the tools to negotiate drug prices that THREAT OF ISLAMIC RADICALISM eral programs. Again, instead of listen- the government, under the legislation, would not have. Mr. CORNYN. Mr. President, I come ing to my words, I want my colleagues to the Chamber to speak on the pre- to hear what other people have said. I think that pretty much sums it up. eminent issue facing our country As explained in the Washington Post: I can think of nothing more to say today, and that is the threat of Islamic The veterans program keeps prices down than what the CBO says in regard to radicalism, and specifically to respond partly by maintaining a sparse network of the Democratic bill in the House of to the comments of some of our col- pharmacies and delivering three-quarters of Representatives. But maybe to quan- leagues on the other side of the aisle its prescription by mail . . . Moreover, the tify all this, I have already said that regarding the President’s speech and program for veterans is in a position to nego- the 25 drugs used by seniors most tiate hard with drugmakers because it can the plans he has announced for our often—the way we price drugs now fighting forces in Iraq last night. credibly threaten not to buy from them. Its through plans negotiating for their plan excludes new medicines. As I have tried to sift through the members to drive down the price of Why would any person on the other differences of opinion—and here again, drugs—the average price of those 25 among people of good will who love side of the aisle, or even a Republican drugs is down 35 percent. If it ain’t who might want to consider doing this, their country and who are true patri- broke, don’t fix it. ots—I am forced to conclude that the want to deny any drug to a senior cit- As I said earlier this week, I hope we division or faultline falls between izen? But the VA program excludes 70 can put politics aside and focus on those who have simply given up and do percent of the drugs that senior citi- some of the real improvements we not believe the situation in Iraq is sal- zens can get under Part D. And why could be making in the drug benefit. I vageable and those who believe the would anybody backing these plans wrote it. There are items that need to President’s plan offers the last best want to follow the Veterans’ Adminis- be changed, and I mentioned some of hope for success in Iraq. tration and deliver three-quarters of those items on Monday. This is what I agree with those who say you can- the prescription drugs by mail? Do we should be focusing on instead of try- not look at Iraq as if through a soda they want to ruin their community ing to fix something that ain’t broke. I straw, as if that is the only challenge pharmacist? I don’t think anybody still hope that reason will prevail facing the United States and the Mid- does. around here. dle East, because, indeed, failure in The Los Angeles Times continues the I yield the floor. Iraq, descension into a civil war, cre- discussion, stating: The ACTING PRESIDENT pro tem- ation of a failed state will undoubtedly Applying the VA approach to Medicare pore. The Senator from Texas is recog- create a regional-wide conflict that may prove difficult. For one thing, Medicare nized. will necessitate the United States and is much larger and more diverse. VA officials Mr. CORNYN. Mr. President, I ask can negotiate major price discounts because its allies reentering the conflict at they restrict the number of drugs on their unanimous consent that each side’s pe- some later date were Iraq unable to coverage list. Instead of seven or eight drugs riod of morning business be extended sustain and defend and govern itself, as for a given medical problem, the VA list may by an additional 15 minutes. the Iraq Study Group said it must. contain three or four. If a drug company fails Ms. MIKULSKI. Mr. President, re- Indeed, I believe it is incumbent upon to offer a hefty discount, its product may serving the right to object, in the spirit those who say the only solution is to not make the cut. of comity and accommodation, to clar- draw down our troops in a gradual re- Mr. President, the final thoughts I ify with the Senator, how much time deployment to explain what they in- will leave with you today come from a does the Senator from Texas and the tend to do when Iraq descends into a letter sent by the nonpartisan Congres- Republican minority have? failed state, creating another platform, sional Budget Office. I want to make The ACTING PRESIDENT pro tem- as Afghanistan did once the Soviet clear to the new Senators that the Con- pore. Twelve minutes remain. Union left that country, which gave gressional Budget Office is ‘‘god’’ Ms. MIKULSKI. Is the Senator say- rise then to the Taliban and al-Qaida. around here because when ‘‘god’’ ing another 15 minutes after that 12 What is their plan to deal with that speaks up and says something costs minutes? consequence if, in fact, that is what oc- something and you disagree with them, Mr. CORNYN. Mr. President, re- curs, if the United States leaves Iraq your disagreement doesn’t mean any- sponding to the distinguished Senator before it is able to sustain itself, to thing unless you have 60 votes to over- from Maryland, I need 10 minutes, and govern itself, and defend itself? ride them, a supermajority. my colleague from Colorado is asking I congratulate the members of the The Congressional Budget Office, for some time to speak as in morning new majority, but I must say, with the after reviewing the Democratic bill in business as well. If we can try to work new majority comes not only the privi- the House of Representatives at the re- that out—— lege of setting the Nation’s agenda in

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S410 CONGRESSIONAL RECORD — SENATE January 11, 2007 the Congress but also the duty of gov- in Iraq. Iran will use its ability to ex- IRAQ erning. It is not acceptable to merely pand its influence into Iraq, perhaps to Ms. MIKULSKI. Mr. President, I criticize, particularly if you are in the expand its own borders. yield myself 10 minutes of the time majority. We need to know what their That will not go without some re- controlled by the majority. alternative plan is for this unaccept- sponse by the Sunni majority nations Last night, President Bush asked the able possibility of failure in Iraq if, in in the Middle East. Saudi Arabia, for American people to support a surge of fact, we are to cut the legs out from example, has already expressed grave military troops in Iraq. Many are using under the Maliki government and sim- concern that if the Shiite militias and the term ‘‘surge,’’ though the Presi- ply withdraw before the Iraqis are able others continue to exact violence upon dent didn’t. Make no mistake, this is a to sustain themselves. the Sunni population, they may very dramatic escalation of our troop pres- Mr. President, I am one of those who well find a necessity to become in- ence in Iraq. In the debate leading into have not given up on Iraq and who be- volved and, indeed, we know that what the President’s speech, the term lieve that our fighting forces in Iraq some people view as if through a soda ‘‘surge’’ was used, which implied some- are doing a lot of good. It is true, as straw, violence in Iraq will become a thing that was limited and temporary. the President said, that mistakes have regional conflict. An escalation is where we are heading, been made, but it is important to rec- Is there any doubt that if, in fact, we which means a long-term commitment ognize that the initial threat in Iraq fail in Iraq because we have given up, with no end in sight. was of a Saddam Hussein delivering because we don’t believe Iraq and the We are in a hole in Iraq, and the weapons of mass destruction and tech- Middle East is worth this last best President says the way to dig out of nology about biological, chemical, and chance for success, is there any doubt this hole is to dig deeper. Does that nuclear weapons to terrorists to use that the oil and gas reserves in that re- make sense? When you are in a hole, do against us, as the terrorists did on 9/11. gion of the world will be used as an you get out by digging deeper? This is Even a remote possibility that might economic weapon against the United a reckless plan; it is about saving the happen was unacceptable. We voted States? So not only will we have a se- Bush Presidency, it is not about saving with a vote of 77 Senators—on a bipar- curity vulnerability using that plat- Iraq. tisan basis—to authorize the President form of a failed state as a launching Before Congress can act on this to use military force to take out Sad- pad for future terrorist attacks, much plan—and act we must—there are sev- dam Hussein. as al-Qaida did in Afghanistan fol- eral questions that need to be an- I don’t need to recount the failures of lowing the fall of the Soviet Union in swered. I need those answers, you need our intelligence community that led us that country, but is there any doubt those answers, the American people to erroneously believe he actually at that in addition to additional terrorist need those answers and, more impor- that time did have weapons of mass de- attacks in the United States and tantly, our troops and their families struction. But there is no question at among our allies and around the world, need those answers. Is this policy all that Saddam Hussein sought weap- that the oil and gas reserves in that re- achievable? Is it sustainable? What is ons of mass destruction, much as his gion will be used as an economic weap- the President’s objective in calling for neighbor now to the east, Iran, seeks on to wreak a body blow against the this escalation of troops? Who is the enemy? Does the Bush administration nuclear weapons itself. It is simply un- rest of the world? So with winning the election on No- even know anymore? When our troops acceptable, in a world where there are vember 7 and gaining the majority and are embedded with Iraqi forces, are those driven by a radical ideology that the mandate of the American people they going to shoot Sunnis or Shiites? celebrates the murder of innocent ci- comes responsibility. The responsi- Are we taking sides in a civil war? I vilians, as al-Qaida and other Islamic bility of our Democratic colleagues is don’t think we know. What is the Iraqi radicals do, to allow them to get weap- to point out what their plans are when Government going to do for itself? We ons of mass destruction and then to use Iraq fails if we do not even try, as the suddenly have something called bench- them on innocent civilian populations, President has proposed last night, to marks. Where have those benchmarks whether it is in the United States or salvage the situation there by a change been for the last several years? What is abroad. of course, by working with our Iraqi al- going to be the political solution that It is true that the President has said lies, backing them up, stiffening their only the Iraqis can do to resolve the that this is a test for the Maliki gov- backbone, to restore the security envi- power sharing with Sunni, Shiite, and ernment. We are putting a lot of reli- ronment there so that reconstruction Kurds? Where are the oil revenues that ance, yet pressure, on the Maliki gov- and democracy and self-government were talked about to pay for this war? ernment to perform. When Prime Min- can flourish. I don’t know whether it When is the Iraqi Government going to ister Maliki said he will stand up to will work. I don’t know whether any- end the corruption in their own min- the death squads and Shiite militias, one can ever guarantee in a time of war istries so that they can come to grips like that of al-Sadr, we will hold him that one side or the other will be suc- with services, security, and power shar- to his word. cessful. But the consequences of giving ing and oil revenue sharing? It is absolutely critical to the success up and of failure are simply too horren- Who is going to disarm the militias of reconstruction in Iraq, to a peaceful dous to contemplate, present too great and insurgents and, more importantly, self-determination through a demo- a risk to the American people and civ- who is going to keep them disarmed? cratic form of government, that the se- ilized people around the world, for us Are we going to be in those neighbor- curity situation in Iraq be stabilized. not to try. hoods forever? Where are the troops The only way that is going to happen is That, to me, is the choice we have going to come from for this escalation? if a lawful government of Iraq obtains been given—between trying, using the Our military, our wonderful military is a monopoly on the legal use of force in last best effort we can come up with worn thin. Also, how are we going to that country. Right now, the people of through this change of course in Iraq, pay for it? While China builds up its re- Iraq don’t trust their own Government or simply giving up. I would like to serves, we build up our debt. to provide that sort of security, so they hear from our colleagues what their Make no mistake, though. U.S. have broken down along sectarian lines plan is if Iraq does descend into that troops cannot do what the Iraqi Gov- and relied upon Shiite militias and failed state, if a regional conflict oc- ernment will not do for itself. Iraq other extralegal groups to try to pro- curs and it then becomes necessary at needs a functioning government that vide that security. But what happened a future date not to send an additional produces security and services for its is that we have seen retribution 20,000 American troops but far more to own people. It needs a government of killings between different ethnic protect America’s national security in- reconciliation that will function on be- groups. But the threat is that sort of terests. half of the Iraqi people. Iraq needs its sectarian violence is not going to be I yield the floor. own security forces up and running. No contained just to Iraq but will spill The ACTING PRESIDENT pro tem- matter what training we give them, over into the region. Iran will use the pore. Under the previous order, the they have to have the will to fight. opportunity of Shiite violence to exact Senator from Maryland is recognized They need to put an end to the sec- ethnic cleansing on Sunni populations for 10 minutes. tarian violence, and they need to end

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S411 this corruption in their own ministries We were challenged a few minutes created a horrendous situation for to get oil production moving and a way ago to say: Well, what is the alter- many in the West. Thousands of cattle to share those oil revenues. native? I say let’s use the ideas that and other livestock are currently There are those who say: Well, what have come from our commanders, stranded without food or water. Many about supporting our troops? I abso- which have now been put aside, the have died due to the freezing tempera- lutely do support our troops. And for Iraq Study Group, and others within tures. I have here a photo of an animal those troops who are in Iraq, let me the region. Let’s use Baker-Hamilton that is caked with several inches of say this: Your Congress will not aban- as a starting point. Let’s send in the snow. There are ice sickles falling don you. diplomats before we send in the troops. down off of the nose of the animal and But the best way to support the I don’t embrace all of the recommenda- off of the underbelly of the animal. troops is not to send them on this reck- tions of the Iraq Study Group, but it is This is a hearty animal. Most animals less mission. The best way to support a bipartisan way of going forward. It that have suffered this kind of condi- our troops is to bring them home safely was not reckless. Once we send in those tion would not survive. The reason I and swiftly. That is why I voted troops, it is irrevocable. I think we point this out to the Members of the against this preemptive war in the first need a new policy, and I think we need Senate is it just shows how ferocious place. In my speech when I was 1 of the a new direction. I think Baker-Ham- this particular storm was and how seri- 23, I said: We don’t know if we will be ilton gave us a good direction to pull ous of an impact it has had on the ani- greeted with flowers or landmines. I us together to go in, and I think that is mals. This doesn’t occur unless you said: We shouldn’t go to Iraq on our where we need to go. have very severe blizzard conditions own. We need to go with the world if, Let me conclude by saying this: To with lots of snow accompanying it. in fact, the weapons are there. our outstanding men and women in The aftermath of these devastating Well, from the very beginning, every- uniform who are already in Iraq, you blizzards continues to paralyze many thing the Congress and the American have a tough job, and we are proud of counties in Colorado and the West. people have been told by this adminis- you. Neither the Congress nor the Dozens of communities have experi- tration has proven not to be so. It has American people will ever abandon enced severe economic damage and loss either been an outright lie or dan- you. But to those troops who are wait- as a result of these blizzards. These gerously incompetent. The President ing to head to Iraq, the best way to storms have created a dire situation. asked the Congress to vote for a pre- support you is to say no to the Presi- Thousands of local men and women emptive war because Iraq was supposed dent’s reckless, flawed escalation of have banded together and are working to have weapons of mass destruction this war in Iraq. to provide relief to their neighbors and that posed an imminent danger to the Again, let’s send in the diplomats, to the tens of thousands of livestock United States. Well, the Congress gave not the troops. facing starvation. In the tradition of the preemptive authority. However, Mr. President, I yield the floor. the West, local individuals have pulled the weapons of mass destruction were The ACTING PRESIDENT pro tem- together and spent much of their holi- not there. pore. Under the previous order, the day season trying to dig each other out I say to my colleagues, after all of Senator from Colorado is recognized and reach stranded livestock. those troops we sent, weren’t you filled for 15 minutes. These storms struck during a time of with shock and awe to find out there f year when ranchers in Colorado are were no weapons? preparing for the National Western EVOLVING DISASTER IN Then, the administration sent Colin Stock Show, one of the largest stock COLORADO Powell to the United Nations to make shows in the world. The stock show is the case for war. He is one of the most Mr. ALLARD. Mr. President, I rise an important opportunity for ranchers esteemed Americans in the world, and today to call to the attention of the to show stock and to make contacts. the Bush administration set him up. Members of the Senate an evolving dis- Now in its 101st year, this year’s stock Then—CIA Director Tenet said it was aster that is occurring in parts of east- show has seen a marked drop in attend- going to be a slam dunk. To this day, ern Colorado as well as parts of Ne- ance due to these storms. Colin Powell cries foul about what hap- braska, Oklahoma, New Mexico, and A story in the Rocky Mountain News pened to him at the U.N. How can we Kansas and to concur with statements was ‘‘No-Show Stock Show.’’ I have re- trust the data or judgment of an ad- made earlier this week by my col- ceived reports that livestock pens are ministration that continually gives us league, Senator ROBERTS from Kansas. sitting empty at the stock show and this fiasco? On Monday, my friend from Kansas that the number of exhibitors is down. Now, what about President Bush’s stated that he rose to call attention to This is because the animals that would good friend, Prime Minister Maliki? I what can only be described as a major fill the pens are fighting for their very listened to my colleague from Texas. disaster. I agree with Senator ROBERTS, survival and the ranchers who would He said: Are we giving up on Maliki? there can be no doubt that we are deal- typically exhibit simply can’t make it The question is, is Maliki giving up on ing with a disaster in the West. because they are trying to save their Iraq. Are we cutting the legs out from Over the last few weeks Colorado and stock. Folks aren’t at the stock show Maliki? I say no, Maliki’s government its neighbors have experienced record- because they are back home trying to has no legs. They are not involved in setting blizzards. In some parts of Colo- help one another deal with the after- dealing with the corruption, with rado the storms dropped almost 5 feet math of these major storms. Locals are power sharing. It is the same Maliki of snow which has drifted in some cases trying to do all they can. who told our U.S. marines they to a size of 15 feet. I stand about 6 feet I am grateful for the assistance that couldn’t go into a neighborhood to go 1 inch, so to get some perspective, 5 the National Guard and FEMA have after a Shiite cleric called al-Sadr, who feet of snow would leave my neck and provided. Unfortunately, more help is bankrolls attacks on American sol- shoulders just out above the snow. It is needed. The vicious combination of diers. Is Maliki an honest broker in tough to get around in and a nightmare blizzards was especially hard on east- Iraq or is he someone who represents if you have to tend to livestock, but ern Colorado and the farmers and the Shiites? that is what folks in Colorado, and in ranchers who call this part of Colorado I don’t have confidence in what we the neighboring States have done. In home. have been told by this administration, fact, so much snow has fallen in Baca The part of Colorado hardest hit by and I have very serious doubts about County down in southeastern Colorado these blizzards is also one of the most the will of the administration of Prime that weather stations that transmit important agricultural regions in our Minister Maliki. Make no mistake— data including snowfall were unable to Nation and is an epicenter for cattle and I feel so deeply about this—a great send information because they were production. Ranchers in this part of American military cannot be a sub- buried under a number of feet of snow. the State are currently racing against stitute for a weak Iraqi Government. Let me reiterate that there was so time in an attempt to locate cattle The stronger we are, the more permis- much snow in Baca County that they that have been stranded without feed sion we give the Iraqis to be weak. were unable to measure it. This has or water. Unfortunately, as each day

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S412 CONGRESSIONAL RECORD — SENATE January 11, 2007 goes by, the death toll increases. I have Pueblo Counties. In the coming days families fighting for the American confirmed reports that the livestock and weeks, I will continue to work the dream. loss has already reached into the thou- FEMA officials to see if other Colorado They want their children to have a sands, and the tally is steadily grow- counties will be eligible. We appreciate better chance at that dream, and they ing. the assistance FEMA has provided and know that achieving it is impossible I have a photo that reflects how dev- their continued efforts. without stronger communities, access astatingly some of the herds have been One of the most pressing matters to quality health care, and better edu- impacted. We have live cattle back that needs to be addressed is livestock cational opportunities. They want to here, and down here dead cattle. This aid. We desperately need aid for live- raise their families in an energy-inde- photo reflects how all the cattle stock rescue and recovery. The need for pendent Nation with cleaner air and bunched together for warmth during livestock aid becomes more pressing water. They want a country that re- the storm, and as a result, we have with each passing minute. I am hopeful spects the rights of all, and that cele- dead animals clustered together down that short-term relief will be forth- brates and embraces our diversity. here in this lower part of the photo coming very soon. But the loudest cry in November was that I bring to the Senate. It is a grue- To address this need in the long term the call for a change in our policies in some scene. This loss will have a very I have introduced a bill with colleagues Iraq. Americans overwhelmingly want severe economic impact on this par- from other affected States. The Live- to see our troops begin to come home ticular farmer and rancher. Unfortu- stock Assistance Act of 2007 will pro- and they don’t want to see thousands nately farmers and ranchers all over vide aid to farmers and ranchers for of additional troops go to Iraq. the State of Colorado and our neigh- livestock recovery and assistance to Iraq is a country today torn by civil bors to the east are facing similar situ- help cover the costs of the livestock war. Victory in Iraq will not be ations. losses created by these storms. I am achieved with our military might. It I grew up on a ranch, and I know all hopeful that my colleagues in the Sen- will come only from successfully aiding too well when your livestock is threat- ate can appreciate the vital nature of Iraq in establishing a government that ened, then so is your livelihood. Indica- this bill and act quickly on it. As I protects the rights and enjoys the con- tions are that a tragic scene is devel- stand here today, another storm is on fidence of all its people. It must be a oping in Colorado as cattle succumb to its way to Colorado, bringing Arctic government that respects both human the elements due to a lack of food or a cold and a prediction of up to another rights and democratic principles. The lack of water or from extreme expo- foot of snow. We are in a tough spot efforts of U.S. soldiers, no matter how sure. out West, and I ask that all necessary heroic, cannot accomplish these objec- Colorado’s Governor has declared a Federal resources be made available to tives for the Iraqis. state of emergency and has requested Colorado and other Western States suf- For 4 years, our soldiers have helped help from the Federal Government. I fering the devastation brought on by the Iraqis in ousting Saddam Hussein, support this request and have trans- these historic storms. providing security to the country and mitted my support for Federal aid to I yield the floor. advising and training Iraqi security the White House. On Sunday, President The ACTING PRESIDENT pro tem- forces. Bush made an official emergency dec- pore. The Senator from Maryland is Our soldiers have performed their re- laration for parts of Colorado. I am recognized. sponsibility with bravery and devotion thankful for the President’s attention Mr. CARDIN. Mr. President, I yield to their country. We honor their serv- to this crisis and the time he and his myself 10 minutes of the time con- ice. More than 3,000 soldiers have made staff put in on this situation, working trolled by the majority. I ask unani- the ultimate sacrifice and many more through the weekend to help Colorado mous consent that Senator JACK REED have suffered life-changing injuries. producers. By signing this declaration be recognized for 10 minutes at the con- It is well past time for a change in on Sunday night, the President showed clusion of my remarks. strategy in Iraq. The circumstances on that he is a man familiar with ranch- The ACTING PRESIDENT pro tem- the ground are worsening. Last June, I ing and understands how devastating pore. Without objection, it is so or- laid out a plan for success in Iraq. It this situation is for rural Colorado. dered. started with reducing our combat troop The efforts of the President freed up f levels and having the Iraqis take great- valued aid from FEMA for snow re- er responsibility for the defense of moval for which I am grateful. As you TIME FOR A CHANGE their own country. It stressed the need can see from this particular picture, we Mr. CARDIN. Mr. President, on No- for diplomatic and political solutions— have a roof that collapsed from the vember 7, the voters in Maryland and with the international community en- weight of the snow. It is just part of all around the Nation voted for change. gaged in negotiating a cease fire with the picture, but I think it again re- Ten new Senators were elected to this the warring militias. flects how the utilities and the infra- body, six defeating incumbents. I called on greater support from our structure in areas of Colorado have After serving the people of Maryland allies in helping us to train the Iraqi been impacted. These impacts include for 20 years in the House of Representa- security forces. the closure major highways and one of tives, I am honored that they have sent And last June, I spoke about the need the country’s busiest airports. I am me here, to the other side of the Cap- for a negotiated government in Iraq grateful for the aid from FEMA. Local itol, where I will continue to fight on that would represent all of its ethnic officials have been offering aid from their behalf. people—Sunnis, Shia and Kurds. the start and others from their office The voters in Maryland and across Last month, the Iraq Study Group have swarmed to Colorado to offer as- the Nation sent a clear message on No- came forward with similar rec- sistance. They have a temporary head- vember 7: It’s time for a change. ommendations—highlighting the need quarters set up in a Holiday Inn off the Our constituents want things done for the President to start drawing highway. Even in these less-than-ideal differently in Washington. They want down troops. Many military experts conditions, they are committed to their interests put before the special agree, including some of our generals helping folks in Colorado. This photo interests. on the ground. depicts the need, it shows a roof that Therefore, it is appropriate that the As GEN George Casey recently said: collapsed from the weight of the snow. Senate’s first order of business is eth- It’s always been my view that a heavy and Last night I was informed by FEMA ics legislation that will bring greater sustained American military presence was officials that upon receipt of appro- transparency and fairness to the polit- not going to solve the problems in Iraq over priate paperwork from Colorado, up to ical process in Washington and help re- the long term. six additional counties could be eligi- store the American people’s confidence On November 7, the American people ble for assistance. Those counties that in their Government. told us that they too agree that it’s could be added to the President’s origi- The American people also called for a time for a change in Iraq. nal emergency declaration are Baca, reordering of our priorities. They want So when President Bush said several Bent, Crowley, El Paso, Prowers, and Congress to respond to the needs of weeks ago that he was reevaluating the

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S413 situation in Iraq and would announce a nity, including our traditional allies as is much more serious. Iran has seen its new policy shortly after the new year, well as other countries in the Middle strategic position enhanced by the there was great hope that the Presi- East. Our primary focus must be exten- Bush strategy. dent, Congress and the American peo- sive political and diplomatic negotia- Of course, we know now the incom- ple could come together with an effec- tions directed toward the twin goals of petence of the occupation of Iraq, the tive new policy to help the people in a cease-fire and a lasting and stable decisions made in Washington about Iraq and advance U.S. interests. Iraqi Government. Let that be our mis- debaathification, about dismantling Unfortunately, that was not the case. sion. the Iraqi Army, about spending so President Bush has decided to ignore Mr. President, I yield the floor and many months in denial of the spread- the advice of the Iraq Study Group, suggest the absence of a quorum. ing insurgency have led us to this day. many of his own military officials and The ACTING PRESIDENT pro tem- After all of that, the American people the American people in making his de- pore. The clerk will call the roll. were looking for something more than cision to send 20,000 additional Amer- The assistant legislative clerk pro- a so-called surge. ican troops to Iraq. ceeded to call the roll. I say so-called because this is not a The President’s announcement last Mr. REED. Mr. President, I ask unan- surge. This is a gradual increase in night represents more of the same, imous consent the order for the troops—20,000 troops approximately in more ‘‘staying the course,’’ just now quorum call be rescinded. the Baghdad area, and additional Ma- with more American troops in harm’s The PRESIDING OFFICER (Mr. rine forces in Al Anbar Province. It is way. An escalation of U.S. troops in SANDERS). Without objection, it is so gradual because our Army and Marine Iraq is counterproductive. ordered. Corps are so stretched that they could Former Secretary of State Collin Under the previous order, the Sen- not generate an overwhelming force in Powell recently said: ator from Rhode Island is recognized a short period of time. In fact, due to the policies of this administration, we I am not persuaded that another surge of for 10 minutes. lack an adequate strategic reserve. Our troops into Baghdad for purposes of sup- f pressing this communitarian violence, this Army Forces who are not deployed to civil war. A CHANGE IN IRAQ POLICY Iraq are, in so many cases, unready We need a surge in U.S. troops com- Mr. REED. Mr. President, last principally because of equipment prob- ing home, not a surge in those going to evening President Bush spoke about lems, to rapidly deploy. That I think is war. We need a surge in diplomatic and Iraq. His speech represented perhaps a a stunning indictment of this adminis- political efforts to end the civil war. change in tone but not a fundamental tration. But this gradual escalation is not, I We need a surge in the urgency of the change in strategy, and the American think, going to accomplish the goal U.S. engagement of the international people were looking for a fundamental and objective that the President talked community to deal with its regional change in strategy. They were particu- about. One of the critical aspects of politics and problems in the Middle larly looking for this change based this is that even though 20,000 troops East. upon the recommendations of the Iraq will represent billions of dollars of ad- This Congress has a responsibility to Study Group. These are distinguished ditional expense and put a huge strain our citizens to evaluate a clear record Americans who have dedicated them- on the Army and Marine Corps, it is of the facts in Iraq. selves to public service, bipartisan in- probably inadequate to the task of a The hearings taking place in the dividuals who thoughtfully and care- counterinsurgency operation in a city Armed Services and Foreign Relations fully looked at the situation in Iraq such as Baghdad, a city of roughly 6 Committees are vital. But our respon- and made a series of proposals, most of million people. Lieutenant General sibility goes well beyond the hearings. which the President apparently ig- David Petraeus who has been nomi- Individually and collectively, we must nored. nated to take over the operations in act with our voices and our votes, The American people are deeply con- Iraq, replacing General Casey, spent speaking out vigorously and taking ac- cerned about the course of our oper- the last several months coauthoring a tion against the continued mismanage- ations in Iraq. They are incredibly sup- new field manual on counter-insur- ment of this war. portive, as we all must be, of the sol- gency, and one point they make in this The American people deserve an op- diers, the marines, the sailors, the air- field manual is that counterinsurgency portunity to hear from military ex- men and airwomen who are carrying operations require a great deal of man- perts and administration officials on out this policy, but they are deeply power. the consequences of a surge in troops concerned. One of the things that has At a minimum, the manual suggests in Iraq. Congress has a responsibility characterized the President’s approach 20 combat troops for every 1,000 inhab- to scrutinize this plan and offer its own to Iraq for so many years has been the itants. That would mean Baghdad, with recommendations. discussion of what I would describe as roughly a population of 6 million peo- In October 2002, in the other body of false dichotomy—false choices. You ple, would require, according to the Congress, I voted against giving the can recall, in the runup to the conflict manual, 120,000 combat troops. The ad- President the right to use force in Iraq. in Iraq, the President said we have two ditional 20,000 troops the President is I am proud of that vote. As a Senator, choices—invade the country, occupy it suggesting will hardly make that total I have the responsibility to acknowl- indefinitely, or do nothing. Of course, of 120,000 combat forces. I know there edge where we are today and take ac- those were not all the choices. will be Iraqi forces there, but those tion that is, in my view, in the best in- We had the ability to interject U.N. forces have proven to date to be less terest of Maryland and the Nation. inspectors to do the things which we than reliable. They are motivated, not I want the U.S. to succeed in Iraq and thought were important, which is to so much by a military agenda but by in the Middle East. I want our soldiers identify the true status of weapons of sectarian agendas. They are often over- to return home with the honor that mass destruction—and that was re- ruled by their political masters in the they deserve. I want to work with my jected out of hand. We had diplomatic Iraqi Government. colleagues to strengthen our military options. We had limited military op- So as a result, the increase of forces and to make sure that promises made tions. If, as was suggested, there were is probably inadequate to accomplish to our veterans are promises kept. terrorists lurking in the Kurdish areas, the mission the President wants. That We can achieve these objectives, but we could have used the same approach is not according to some subjective they would be more achievable if the as we used a few days ago in Somalia, view; it is based upon the best thinking President would act on the over- a preemptive targeted strike, targeted of the best minds in the Army and the whelming evidence and work with this on those whom we had identified as Marine Corps. For that reason alone, Congress to truly set a new direction in terrorists. All of that was rejected. the President, I think, has to ask him- Iraq. We must begin by starting to Then the President undertook a self after the speech, Why am I doing bring our troops home, not by esca- strategy which I think was deeply it? lating troop levels. We need to engage flawed, which has led us to a situation The other huge cost is not just in and energize the international commu- now where the emerging threat of Iran terms of money, in terms of stress on

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S414 CONGRESSIONAL RECORD — SENATE January 11, 2007 the regular Army and Marine Corps, The political issues have not yet been military personnel, our diplomatic re- but inevitably we are going to have to resolved by the President. Without po- sources, our economic resources, and reach out, once again, to our National litical cooperation and political com- the political support of the American Guard, those men and women who have mitment by the Iraqi Government, the people. served so well, the citizen soldiers we number of forces we have in the coun- That strategy rests in the context of call upon, again. They will receive an try is a secondary matter. What I a phased withdrawal of our forces from additional burden to bear. Again, prob- think the Iraqi political leaders—the Iraq, a refocusing of our mission to spe- ably not in sufficient numbers with a Shia government and the Maliki gov- cific areas which is more consistent 20,000 deployment to achieve and guar- ernment, with Hakim and the Badr or- with our national interests than trying antee success. ganization and Moqtada al Sadr and to arbitrate and settle the sectarian The other factor here, too, is it will Maahdi army, all part of this govern- civil war. These missions would be literally take the pressure off Iraqi ment—what they would be quite will- training Iraqi security forces so the forces and Iraqi political leaders to do ing to do is to have us conduct oper- country does not collapse because of the job that they must do. The issues ations in Sunni neighborhoods in chaos and anarchy; focusing attention in Iraq, the issues of counterinsurgency Anbar Province, but what will be left on those small elements of inter- are fundamentally more political than undone is confronting, in a serious national terrorists who are there, they are military. That is what we are way, the Shia militias which are also many of whom came after the fall of seeing today in Iraq. It requires polit- part of the problem. Saddam—not before; of indicating to ical will. It requires political com- If you go to Iraq, as many of my col- the regional powers that we would not petence to succeed. That will and con- leagues have, as I have, and you talk to tolerate gross violations of the borders fidence must be the Iraqis’ primarily, the Prime Minister or the Minister of of Iraq or gross intervention in the po- not that of the United States. the Interior, they recognize there is an litical affairs of Iraq. These are mis- What I think is happening in Iraq insurgency. It is a Sunni insurgency. sions that can and should be done, and today is this Government is essentially They would be very happy for us to they don’t require an increase of a Shia government. They feel they are conduct operations against the Sunnis. troops. In fact, I would suggest they re- winning. They are accomplishing the But they are very unwilling to take the quire a redeployment of our troops. goals they won’t articulate but that The real challenge is—and the Presi- seem to be obvious from the pattern of steps that are necessary to provide a dent alluded to it without indicating to their behaviors: to marginalize the check on Shia militias and Shia oper- the American public confidently and Sunnis so they never again will be in a ations in that country. There is another long-term con- surely that these milestones are being position of dominating Iraq, consoli- sequence of the President’s speech accomplished—that the Iraqi Govern- dating Shia power in the south of Iraq, which may be, in the longer term, the ment, the Maliki government, must using probably the model of the Kurds most important. Any strategy of the undertake serious reconciliation. I in the north. If you go to Iraq, the area United States—increasing troops, rede- think the temper of that Government which is the most successful, pros- pering, is the Kurdish area. If you look ploying troops, training Iraqi forces— at the moment is not to do that be- at it and ask why, they have their own requires as an essential element, public cause they feel they do not have to. Second, they have to begin to spend militia, they have their own virtual au- support of the people of the United their own money. I was aware of the tonomy, they have access to oil, and States. The people spoke last Novem- significant money—upwards of $13 bil- they are doing quite well. ber and in a very convincing way said Again, that is what the Shia intend they need to see a change in course in lion that the Iraqi Government is sit- for themselves. That, of course, leaves Iraq. They continue to speak—not just ting on—they are not spending. I hope the Sunnis in an area where they face in the formal polls, but go out to the the American people were paying at- an existential conflict. If things con- coffee shops, walk the streets of this tention when the President announced tinue as they are today, they will be country, all across this country, and the Iraqis are promising to spend $10 absolutely and totally marginalized in you will discover the great concern and billion for their own benefit. We have Iraqi society. The Shia, still harboring disquiet the American public has about been pouring billions of dollars into fears after years and years of domina- the President’s policy in Iraq. Iraq for reconstruction and economic tion and horrific tyranny by Sunni Nothing changed last evening, fun- revitalization and the Iraqis have been leaders, are unwilling to compromise. damentally. In fact, the President ac- sitting on billions of dollars when their Unless we can forge some type of rea- tually predicted that this increase in survival and the integrity of the coun- soned compromise, it is very likely the troops is likely to create more chaos in try is at stake. Something is wrong. future of Iraq is one of political frag- Baghdad, more casualties. That is the They have suggested they will spend mentation, if not formal disintegra- nature of committing more troops to the money, but only time will tell be- tion. I think the best and perhaps the intense combat operations in an urban cause so far they have been extremely only leverage we have as a nation is to area. The American public will have a reluctant to spend resources unless suggest to Shia leaders that we are not very difficult time squaring that with they benefited their own sectarian going to give them an open-ended com- the assertion this is the way forward. I community. If that continues, this will mitment. fear they might abandon support for be another idle promise. I was pleased last evening to hear for any type of significant commitment to There is one issue, too, that the the first time the President say some- the region. President did not talk about which is thing my colleague CARL LEVIN has This is a very dangerous precedent essential to progress in Iraq. It is not been stressing for almost 2 years now, that could be emerging today. The democracy and freedom—all the a simple statement by the President to President, in disregarding popular buzzwords—because, frankly, what de- the effect that there is not a blank opinion, is running the risk of alien- mocracy means in Iraq to the Shia is check to the Iraqi Government. I fear ating that opinion in a way in which Shia control. What democracy means those perhaps are just words because in we cannot conduct serious operations to the Sunni is Sunni control. That is the same speech he is talking about in- there for limited missions in Iraq and one of the reasons they are having sec- creasing our military forces there, in- elsewhere. tarian struggle. creasing our support to the Iraqi secu- We have a very difficult situation. What we need now more than democ- rity forces. That is where we have our We have a situation in which we have racy and freedom and elections is gov- leverage. I don’t think the President is to begin to manage the consequences of ernmental capacity, ministries that ac- quite yet willing to use that leverage. the administration’s failures. This is tually can serve the people of Iraq so More importantly, until we do exert not a question of winning or losing. they feel they have a stake in their that leverage, the milestones the Presi- This is a situation of managing a situa- Government and the Government can dent talked about—the milestones tion that is deteriorating rapidly and, respond to their basic needs. They have which were announced months ago by some fear, irreversibly. In doing that, ministers in Iraq today who are polit- the Iraqis and still are unfulfilled—will we have to adopt a strategy that is ical operatives. The Minister of Health remain unfulfilled. consistent with our resources—our is a devotee of Moqtada al Sadr and the

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S415 Maahdi army and will refuse to ade- Vitter amendment No. 10 (to amendment ator DEMINT is talking about some- quately supply hospitals in Sunni No. 3), to increase the penalty for failure to thing that goes way beyond the debate areas. We have repeated examples comply with lobbying disclosure require- that led to this particular bill. We are ments. not talking in his amendment about where the ministries of Iraq are not Leahy/Pryor amendment No. 2 (to amend- only nonfunctional but deliberately so. ment No. 3), to give investigators and pros- money that goes to non-Federal enti- Until they help them, or someone helps ecutors the tools they need to combat public ties—private companies, for example— them, there won’t be a government to corruption. or States or local units of government. rally around for the Iraqi people be- Gregg amendment No. 17 (to amendment Senator DEMINT now tells us that we cause the Government provides noth- No. 3), to establish a legislative line item have to go through an elaborate proc- ing to them. veto. ess when we decide, say, within the De- This is a long list of items that has The PRESIDING OFFICER. The Sen- partment of Defense bill that money in to be accomplished. I am not confident, ator from Illinois. an account is going to a specific Fed- after the President’s speech, that any AMENDMENT NO. 11 eral agency or installation. That is an of this will be done by the Iraqi Gov- Mr. DURBIN. Mr. President, I come expansion which goes way beyond any ernment, nor am I confident at all that to the Chamber to discuss DeMint abuse which has been reported that I an additional 20,000 troops in Baghdad amendment No. 11 which relates to ear- know of. Frankly, it would make this a will make a decisive military dif- mark reform. very burdensome responsibility. ference. I believe the President has to First, let me say that I welcome the If I asked the chairman, for example, go back to the drawing board to craft a Senator’s efforts to strengthen this to devote more funds to the Food and truly changed strategy that will be bill. We certainly all have a mutual in- Drug Administration to improve food consistent with our strategic objec- terest in making this process more safety—think of that, food safety, tives in the region, consistent with our transparent. Senator DEMINT, in his which is one of their responsibilities— resources, and consistent with the will amendment language, adopts the lan- that is automatically an earmark and desires of the American people. I guage passed by the House in several under the new DeMint amendment, hope he does that. important ways. As we move through subject to broad reporting require- I yield the floor and suggest the ab- the process, we are going to work to- ments. No one can be shocked by the sence of a quorum. gether to ensure that the earmark pro- suggestion that the Food and Drug Ad- The PRESIDING OFFICER. The visions are carefully crafted and as ministration is responsible for food clerk will call the roll. strong as possible. safety. They share that responsibility, The assistant legislative clerk pro- Unfortunately, overall the DeMint but it is one of theirs under the law. So ceeded to call the roll. language is not ready for this bill. The if I am going to put more money into Mr. DURBIN. Mr. President, I ask DeMint amendment defines earmarks food safety, why is that being treated unanimous consent that the order for to include amounts provided to any en- as an earmark which has to go through the quorum call be rescinded. tity, including both non-Federal and an elaborate process? I think that begs The PRESIDING OFFICER. Without Federal entities. The Reid-McConnell the question. Every request, every pro- objection, it is so ordered. definition which is before the Senate gram, money for No Child Left Behind, Mr. DURBIN. Mr. President, at this covers only non-Federal entities. On its for medical research at the National time I yield back any remaining morn- face, the DeMint language may sound Cancer Institute, for salaries for sol- ing business time. reasonable. After all, I have no problem diers, for combat pay for those serving The PRESIDING OFFICER. Without announcing to the world when I have in Iraq, for veterans health programs, objection, it is so ordered. secured funding for the Rock Island Ar- every one of them is now considered at f senal in my State. But the DeMint lan- least suspect, if not an odious earmark, guage is actually unworkable because under the DeMint amendment. It is not CONCLUSION OF MORNING it is so broad. workable. It goes too far. BUSINESS What does the Appropriations Com- In other instances, the DeMint The PRESIDING OFFICER. Morning mittee do? It allocates funds among amendment does not go far enough. To business is closed. programs and activities. Every appro- pass this amendment at this time f priations bill is a long list of funding could, down the road, harm the Sen- priorities. In the DeMint amendment, ate’s efforts to achieve real earmark LEGISLATIVE TRANSPARENCY every single appropriation in the bill— reform. AND ACCOUNTABILITY ACT OF 2007 and there may be thousands in any Many of us on the Appropriations The PRESIDING OFFICER. Under given appropriations bill—would be Committee happen to believe that the the previous order, the Senate will re- subject to this new disclosure require- provisions in tax bills, changes in the sume consideration of S. 1, which the ment, even though in most cases the Tax Code, can be just as beneficial to clerk will report by title. money is not being earmarked for any an individual or an individual company The legislative clerk read as follows: individual entity. How did we reach as any single earmark in an appropria- A bill (S. 1) to provide greater trans- this point in the debate? tions bill. If we are going to have parency in the legislative process. There is a concern expressed by some transparency in earmark appropria- Pending: that there is an abuse of the earmark tions, I believe—and I hope my col- Reid amendment No. 3, in the nature of a process. When you read the stories of leagues share the belief—that should substitute. some people who have been indicted, also apply to tax favors, changes in the Reid amendment No. 4 (to amendment No. convicted, imprisoned because of ear- Tax Code to benefit an individual com- 3), to strengthen the gift and travel bans. marks, it is understandable. There was pany or a handful of companies. The DeMint amendment No. 11 (to amendment a corruption of the process. But as a DeMint amendment does not go far No. 3), to strengthen the earmark reform. member of the Senate Appropriations enough in terms of covering these tar- DeMint amendment No. 12 (to amendment Committee, I tell my colleagues that No. 3), to clarify that earmarks added to a geted tax benefits. The language al- conference report that are not considered by by and large there is a race to the press ready in the Reid-McConnell bipartisan the Senate or the House of Representatives release. Once you put an earmark in to bill strengthens the earmark provi- are out of scope. benefit someone in a bill, you are quick sions passed by the Senate last year by DeMint amendment No. 13 (to amendment to announce it—at least I am because I also covering targeted tax and trade No. 3), to prevent government shutdowns. have gone through a long process eval- benefits. The Reid-McConnell language DeMint amendment No. 14 (to amendment uating these requests and come up with on targeted tax benefits is superior to No. 3), to protect individuals from having what I think are high priorities. So the DeMint amendment. The DeMint their money involuntarily collected and used for lobbying by a labor organization. there is transparency and there is dis- amendment, in fact, weakens this Vitter/Inhofe amendment No. 9 (to amend- closure. whole aspect of targeted tax credits ment No. 3), to place certain restrictions on The purpose of our debate here is to and their disclosure. the ability of the spouses of Members of Con- consider reasonable changes in the Reid-McConnell covers ‘‘any revenue gress to lobby Congress. rules to expand that disclosure. Sen- provision that has practical effect of

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S416 CONGRESSIONAL RECORD — SENATE January 11, 2007 providing more favorable tax treat- weakens it—first, in exempting more to the American people that we are ment to a particular taxpayer or a lim- targeted tax credits instead of being ready to accept our responsibilities and ited group of taxpayers when compared more inclusive; second, in weakening not avoid them. with other similarly situated tax- reporting requirements already in this I yield the floor. payers.’’ That is the language from amendment; and finally, tying the The PRESIDING OFFICER. The Sen- which we are working. Consider what it hands of conferees by adopting House ator from South Carolina is recognized. says: favorable tax treatment to a par- language that has already been enacted Mr. DEMINT. Mr. President, I am not ticular taxpayer or a limited group of by that body. quite prepared to make all of my re- taxpayers compared to others similarly The Reid-McConnell substitute is an marks about the amendments, but I did situated. That is a pretty broad defini- excellent first step. I am afraid the happen to be in the Chamber, and Sen- tion. It means that if you are setting DeMint amendment does not improve ator DURBIN was kind enough to open out to give 5, 10, 15, or 20 companies a on that work product but detracts from the discussion on two of my amend- break and several hundred don’t get it. To adopt this amendment will only ments, which I greatly appreciate. I am the break, that is a targeted tax credit take us backward in this process. I somewhat disappointed, however, that which requires more disclosure, more urge the Senate to oppose the DeMint my colleague is not completely in- transparency. amendment No. 11. Let’s keep working formed about these amendments. The DeMint amendment covers rev- on this issue together on a bipartisan I will start with the amendment that enue-losing provisions that provide tax basis. attempts to more accurately define credits, deductions, exclusions, or pref- AMENDMENT NO. 13 what an earmark is. My colleague went erences to 10 or fewer beneficiaries or I would also like to discuss DeMint to great pains to continuously describe contains eligibility criteria that are amendment No. 13. This amendment on this as the DeMint amendment, the not the same for other potential bene- the surface seems like a harmless DeMint language. Unfortunately, I am ficiaries. The Senate should not be amendment. Nobody wants a Govern- not sure if he knows, but this is the writing a number such as 10 into this ment shutdown. But in truth, what language which the new Speaker of the law or into the Senate rules, creating amendment No. 13 does is encourage House, NANCY PELOSI, has put in this Congress to abdicate its appropriations an incentive for those who want a tax lobbying reform bill in order to make responsibility and fund the Govern- break to find 11 beneficiaries to escape it more honest and transparent. I be- ment on automatic pilot at the lowest the DeMint amendment. lieve she has a very thoughtful ap- The Reid-McConnell amendment es- levels of the previous year’s budget or proach. She campaigned on this, along the House- and Senate-passed levels. tablishes a definition with flexibility with a number of Democrats and Re- That is what we are in the process of so that facts and circumstances of the publicans. We do need to disclose and doing for this fiscal year. It is painful. particular tax provision can be consid- make transparent every favor we do for But the results could be disastrous if it ered. There may be instances when a an entity. becomes the policy of our country. tax benefit that helps 100 or even 1,000 I am beginning to get disappointed in Funding the Government by con- this process because I did believe in a beneficiaries should be considered a tinuing resolutions does not allow limited tax benefit. Our bill provides bipartisan way that we were going to Members to adequately work for a con- come together to try to do things to that. The DeMint amendment weakens sensus to adjust funding for new chal- it and means that more of these tar- show the American people that we were lenges and changing priorities. The re- going to spend their money in an hon- geted tax credits will escape scrutiny. sponsibility to appropriate was duly Second, in the interest of full disclo- est way and that was not wasteful. But outlined for the legislative branch by sure, the Reid-McConnell approach re- as we look back on some of the scan- our forefathers in our Constitution. It quires that the earmark disclosure in- dals, the first one that comes to mind, is a duty we should not abandon by obviously, is the Abramoff scandal— formation be placed on the Internet 48 handing it over to some automatic using Indian money to try to buy influ- hours before consideration of the bills process. or reports that contain earmarks. The The Senator from South Carolina has ence on Capitol Hill. Yesterday there was a thoughtful DeMint amendment does not have a argued that this amendment is needed similar provision. Why would he want so that Congress should not feel the amendment by Senator VITTER that to weaken the reporting requirement? pressure to finish appropriations bills would have attempted to get the Indian That is, in fact, what he does. Under on time. He is plain wrong. If there is tribes to play by the same rules every- the DeMint amendment, information anything we need, it is the pressure to one else in America plays by, that they about earmarks must be posted 48 finish on time. If we are under that have regulated contributions that are hours after it is received by the com- pressure, it is more likely we will re- disclosed. The reason we had the scan- mittee, not 48 hours before consider- spond to it. But if we are going to glide dal with Abramoff is the Indian tribes ation of the bill. In the case of a fast- into some automatic pilot CR that ab- are not regulated by the Federal Elec- moving bill, it is possible that the in- solves us from our responsibility of tion Commission. They can give unlim- formation could be made public only passing appropriations bills, we will ited amounts, unaccounted for, and it after the vote has already been taken. find ourselves in future years facing corrupted our process. The amendment So this provision actually weakens re- the same mess we face this year, when yesterday very simply said: Let’s just porting requirements. many of the most important appropria- have everyone follow the same rules. Finally, it is important that the tions bills were not enacted before the Yet that was voted down, primarily by House and Senate have language that last Congress adjourned. my Democratic colleagues. I hope they works for both bodies. Technical Our constituents look to us to com- will rethink that. We would like to changes are probably needed in the cur- plete our appropriations bills on time, bring that amendment back to the rent language in both bills, changes not make it easy to govern by stopgap floor and make sure there is adequate that may come about during the course measures that underfund important discussion because it is hard for me to of a conference. Adopting the imperfect priorities such as education, transpor- believe that anyone who wants to clear House language wholesale, as Senator tation, and health care. Incidentally, up the corruption in Washington would DEMINT suggests, would make it more the last time Congress completed its overlook that a big part of the corrup- difficult for us to work out our dif- appropriations process on time was the tion was caused by unlimited donations ferences in conference. The better 1995 fiscal year. Rather than abdicate by lobbyists from Indian tribes. course would be to address the final our responsibility, we need to focus on Now we have another problem. We language in conference and not get fulfilling that duty under the Constitu- are talking about earmark reform. We locked into any particular words at tion. I believe this DeMint amendment use language here many times in the this moment. is not responsible. It signals our will- Chamber that I don’t think Americans We need strong reforms in the ear- ingness to throw in the towel before understand. When we talk about ear- marking process. The Reid-McConnell the fight has even started. marks, we are talking usually about bipartisan amendment does that. Un- I urge my fellow Senators to oppose lobbyists who come and appeal on be- fortunately, DeMint amendment No. 11 this amendment, send a clear message half of some organization or business

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S417 or whatever for us to do them a favor Let me mention one other thing, the Mr. President, I will have more to with taxpayer money. It may be a mu- other amendment my colleague was say later and I am sure other Members nicipality that wants a bridge. It may nice enough to bring up. It is what we will also before these amendments be a defense contractor that wants a call the automatic continuing resolu- come to a vote. Unfortunately, I have big contract from us. And if we put tion. I have been in Congress now for 8 been told that my colleagues don’t that money in an appropriations bill years. This is my ninth year. Every even want these bills to come to a vote. designated just for them, it is an ear- year, we get toward the end of the year They want to try to table them so we mark. That is a Federal earmark. and we have not gotten all of our ap- will limit the debate. NANCY PELOSI had the wisdom to see propriations done; it comes down to I will reserve the rest of my time and that a lot of the problems we have had the last minute and they are saying we yield the floor right now, and we will came from lobbyists asking for favors have to vote on this and we have to discuss more about these amendments that went to Federal, as well as State, pass it or we are going to shut down after lunch. and other types of earmarks. the Government. So we create this cri- I suggest the absence of a quorum. What other corruption comes to mind sis. Then we don’t know what is in all The PRESIDING OFFICER. The as we think about last year? Duke of the bills. They are just coming out clerk will call the roll. Cunningham. The corruption there was of conference and we have to vote on The legislative clerk proceeded to a Federal earmark. The underlying bill them, and most of us go home in De- call the roll. we are discussing today would not have cember and find out about all of the Mrs. FEINSTEIN. Mr. President, I earmarks and the favors that were put included that. It would not have been ask unanimous consent that the order in the bills. We find it out later be- disclosed. Senator DURBIN said that for the quorum call be rescinded. cause we are not even given time to should not be disclosed, when most of The PRESIDING OFFICER. Without read them. We create this crisis and the problems that we have come from objection, it is so ordered. that particular type of earmark. force people to vote on bills when they Mrs. FEINSTEIN. Mr. President, I I think if you look at this in the big don’t know what is in them. We are picture, we are talking about trying to forced to vote on things that should know the Senator from Texas wishes to let the American people know how we not be in them so we won’t close down speak. I will only be a minute. are spending their money. When we the Government. I ask unanimous consent that at 2 designate their money as a favor to dif- We need to stop playing this game at p.m. today the Senate proceed to vote ferent people and entities across this the end of the year that forces us to ac- in relation to the DeMint amendment country, we want to let them know cept what lobbyists and Members and No. 11, to be followed by a vote in rela- what we are doing so we can defend it, staff have worked out that we don’t tion to amendment No. 13, regardless of so they can see it. But what is a dirty even know about. If we are serious the outcome of the vote with respect to little secret in the Senate and in the about decreasing the power of lobbyists amendment No. 11; that there be 2 min- House is that while we are making this in this place, we need to take the pres- utes of debate equally divided before big media display of reforming ear- sure off passing bad bills at the end of the first vote and between the votes; marks and lobbying, 95 out of every 100 every year. This is a very simple idea. further, that at 12:30 p.m. today, Sen- earmarks are in the report language of You will notice, despite what has ator BYRD be recognized to speak for bills that come out of conference which been said, we passed a continuing reso- up to 25 minutes, and that Senator KYL are not included in the current discus- lution at the end of last year and didn’t then be recognized for up to 15 min- sion of transparency for earmarks. pass our appropriation bills. Of course, utes; and that no second-degree amend- So the case my dear friend Senator as you look around, you see the coun- ments be in order to either amendment DURBIN has made today is that we want try is still operating just fine. The prior to the vote. Senator DEMINT to disclose these particular favors for 5 thing we don’t have is 10,000 new ear- would have up to 45 minutes under his out of every 100 earmarks in this Sen- marks. I would make the case we need control. ate. That is not honest transparency. If a system that if we are not able to The PRESIDING OFFICER. Is there we are going to do it, let’s look at what have ample debate and discussion objection? the new Speaker of the House has about appropriations, we don’t have all Without objection, it is so ordered. asked us to do. If we are going to go this fanfare about closing down the Mrs. FEINSTEIN. I thank the Chair. through this process and if we are Government every year and scaring our I yield the floor. going to change the laws and try to tell senior citizens and our veterans that The PRESIDING OFFICER. The Sen- the American people that now you can something is not going to come that ator from Utah is recognized. see what we are doing, let’s don’t try to they need. Let’s have a simple provi- Mr. BENNETT. Mr. President, I wish pull the wool over their eyes. Speaker sion that if we cannot get our work to clarify that the time Senator PELOSI is right. Many in this Chamber done and agree on what needs to be DEMINT has utilized would be counted know I don’t often agree with Speaker done and what should be in these bills, against the 45 minutes under his con- PELOSI, but she is the new Speaker. then we will have a continuing resolu- trol. One of her first and highest priorities tion until we can work it out. We will Mrs. FEINSTEIN. That is my under- was to do this ethics reform bill right. fund everything at last year’s level, so standing. At the top of the list is, if we are going that there is no crisis, there is just re- Mr. BENNETT. Thank you. to talk about the transparency to the sponsibility. The PRESIDING OFFICER. The Sen- American people, let’s be honest and That is what is missing here. When ator from Nevada is recognized. show them the way we are directing we put things into crisis mode, we can- AMENDMENTS NOS. 24 AND 25 EN BLOC the spending of their money. I agree not see what needs to be seen, or tell with her. I am here to defend her lan- America what needs to be told about Mr. ENSIGN. Mr. President, I ask guage on behalf of the Democratic col- these bills, and we pass bills and find unanimous consent that the pending leagues on the House side that let’s not out later we have done things that em- amendments be laid aside, and I send try to pull the wool over the American barrass us and diminish the future of two amendments to the desk. people’s eyes and tell them we are our country. The PRESIDING OFFICER. Without cleaning up these scandals when what This is a simple amendment. I am objection, it is so ordered. we are doing here would not have af- very disappointed in my Democratic The clerk will report. fected the Abramoff scandal, the colleague who wants to help us, I be- The legislative clerk read as follows: Cunningham scandal, or any of the lieve sincerely, clean up the way lob- The Senator from Nevada (Mr. ENSIGN) scandals we have talked about in the bying works in this place by making proposes amendments numbered 24 and 25, en culture of corruption in this Congress. things more transparent to the Amer- bloc, to amendment No. 3. Let’s at least be honest with the re- ican people, but these two amend- Mr. ENSIGN. Mr. President, I ask form we are saying is going to clean up ments—one will disclose all earmarks unanimous consent that reading of the this place. We are not being honest and the other will take the crisis out of amendments be dispensed with. now. Speaker PELOSI has the right every year and allow us to pass respon- The PRESIDING OFFICER. Without idea. sible legislation. objection, it is so ordered.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S418 CONGRESSIONAL RECORD — SENATE January 11, 2007 The amendments are as follows: Mr. CORNYN. Mr. President, I ask endar of Business and the Senate Executive AMENDMENT NO. 24 unanimous consent that reading of the Calendar a separate section entitled ‘‘No- tices of Intent to Proceed or Consider’’. Each (Purpose: To provide for better transparency amendments be dispensed with. section shall include the name of each Sen- and enhanced Congressional oversight of The PRESIDING OFFICER. Without ator filing a notice under this section, the spending by clarifying the treatment of objection, it is so ordered. title or a description of the legislative meas- matter not committed to the conferees by The amendments are as follows: ure or matter to which the Senator intends either House) AMENDMENT NO. 26 to proceed, and the date the notice was filed. On page 3, strike line 9 through line 11 and (Purpose: To require full separate disclosure (c) WAIVER AND APPEAL.—This section may insert the following: of any earmarks in any bill, joint resolu- be waived or suspended in the Senate only by ‘‘(a) IN GENERAL.—A point of order may be tion, report, conference report or state- an affirmative vote of 3⁄5 of the Members, made by any Senator against any item con- ment of managers) duly chosen and sworn. An affirmative vote tained in a conference report that includes At the appropriate place, insert the fol- of 3⁄5 of the Members of the Senate, duly cho- or consists of any matter not committed to lowing: sen and sworn, shall be required to sustain the conferees by either House. ‘‘(a) IN GENERAL.—It shall not be in order an appeal of the ruling of the Chair on a (1) For the purpose of this section, ‘‘matter to consider a bill, joint resolution, report, point of order raised under this section. not committed to the conferees by either conference report, or statement of managers House’’ shall be limited to any matter which: Mr. CORNYN. Mr. President, I will unless the following— (A) in the case of an appropriations Act, is not debate the amendments at this ‘‘(a) a list of each earmark, limited tax a provision containing subject matter out- benefit or tariff benefit in the bill, joint res- time. I appreciate the courtesies ex- side the jurisdiction of the Senate Com- olution, report, conference report, or state- tended by the managers. I will come mittee on Appropriations; ment of managers along with: back later when it is appropriate to de- (B) would, if offered as an amendment on ‘‘(1) its specific budget, contract or other bate these particular amendments. the Senate floor, be considered ‘‘general leg- spending authority or revenue impact; I yield the floor. islation’’ under Rule XVI of the Standing ‘‘(2) an identification of the Member of Mrs. FEINSTEIN. Mr. President, I Rules of the Senate; Members who proposed the earmark, tar- (C) would be considered ‘‘not germane’’ suggest the absence of a quorum. geted tax benefit, or targeted tariff benefit; under Rule XXII of the Standing Rules of the The PRESIDING OFFICER. The and Senate; or ‘‘(3) an explanation of the essential govern- clerk will call the roll. (D) consists of a specific provision con- mental purpose for the earmark, targeted The legislative clerk proceeded to taining a specific level of funding for any tax benefit, or targeted tariff benefit, includ- call the roll. specific account, specific program, specific ing how the earmark, targeted tax benefit, Mr. CORNYN. Mr. President, I ask project, or specific activity, when no such or targeted tariff benefit advances the ‘gen- unanimous consent that the order for specific funding was provided for such spe- eral Welfare’ of the United States of Amer- the quorum call be rescinded. cific account, specific program, specific ica; The PRESIDING OFFICER. Without project, or specific activity in the measure ‘‘(b) the total number of earmarks, limited originally committed to the conferees by ei- objection, it is so ordered. tax benefits or tariff benefits in the bill, Mr. CORNYN. Mr. President, I under- ther House. joint resolution, report, conference report, or (2) For the purpose of this section, ‘‘matter stand now might be a convenient time statement of managers; and not committed to the conferees by either ‘‘(c) a calculation of the total budget, con- for the Senate to consider some debate House’’ shall not include any changes to any tract or other spending authority or revenue on the amendments I have just offered, numbers, dollar amounts, or dates, or to any impact of all the congressional earmarks, Nos. 26 and 27. specific accounts, specific programs, specific limited tax benefits or tariff benefits in the I think the preeminent value, when projects, or specific activities which were bill, joint resolution, report, conference re- we talk about ethics debate, that we originally provided for in the measure com- port, or statement of managers; mitted to the conferees by either House. ought to be focusing on is trans- is available along with such bill, joint reso- parency. It has been said time and time AMENDMENT NO. 25 lution, report, conference report, or state- again that the old saying is ‘‘sunlight (Purpose: To ensure full funding for the De- ment of managers to all Members and the partment of Defense within the regular ap- is perhaps the best disinfectant of all.’’ list is made available to the general public The fact is, the more Congress does on propriations process, to limit the reliance by means of placement on any website with- of the Department of Defense on supple- in the senate.gov domain, the gpo.gov do- behalf of the American people that is mental appropriations bills, and to im- main, or through the THOMAS system on transparent and can be reported and prove the integrity of the Congressional the loc.gov domain at least 2 calendar days can be considered by average Ameri- budget process) before the Senate proceeds to it.’’. cans in how they determine and evalu- At the appropriate place, insert the fol- AMENDMENT NO. 27 ate our performance here, the better, lowing: (Purpose: To require 3 calendar days notice as far as I am concerned. SEC. . SENATE FIREWALL FOR DEFENSE SPEND- in the Senate before proceeding to any I am proud to be a strong advocate ING. matter) for open government and greater trans- (a) For purposes of Section 301 and 302 of the Congressional Budget Act of 1974, the At the appropriate place, insert the fol- parency. Senator PAT LEAHY, now the levels of new budget authority and outlays lowing: chairman of the Senate Judiciary Com- and the allocations for the Committees on SEC. ll. NOTICE OF CONSIDERATION. mittee, and I have been cosponsors of Appropriations shall be further divided and (a) IN GENERAL.—No legislative matter or significant reform of our open govern- separately enforced under Section 302(f) by— measure may be considered in the Senate un- ment laws. We only had modest success (1) DEFENSE ALLOCATION.—The amount of less— (1) a Senator gives notice of his intent to last Congress. We were able to get a discretionary spending assumed in the budg- bill voted out of the Judiciary Com- et resolution for the defense function (050); proceed to that matter or measure and such and notice and the full text of that matter or mittee. But it is my hope, given the (2) NONDEFENSE ALLOCATION.—The amount measure are printed in the Congressional sort of bipartisan spirit in which we of discretionary spending assumed for all Record and placed on each Senator’s desk at are starting the 110th Congress and other functions of the budget. least 3 calendar days in which the Senate is given Senator LEAHY’s strong commit- Mr. ENSIGN. Mr. President, I yield in session prior to proceeding to the matter ment to open government, as well as or measure; my own, that we will be able to make the floor. (2) the Senate proceeds to that matter or The PRESIDING OFFICER. The Sen- measure not later than 30 calendar days in good progress there. ator from Texas is recognized. which the Senate is in session after having This amendment No. 27 is all about AMENDMENTS NOS. 25 AND 26 EN BLOC given notice in accordance with paragraph greater transparency that is healthy Mr. CORNYN. Mr. President, I send (1); and for our democracy and essential if we two amendments to the desk. (3) the full text of that matter or measure are to govern with accountability and The PRESIDING OFFICER. Without is made available to the general public in good faith. I offer this amendment with objection, the pending amendments are searchable format by means of placement on the goal of shining a little bit more any website within the senate.gov domain, set aside. light on the legislative process in this the gpo.gov domain, or through the THOM- body and actually giving all Members The clerk will report. AS system on the loc.gov domain at least 2 The legislative clerk read as follows: calendar days before the Senate proceeds to of the Senate an ability to do their job The Senator from Texas (Mr. CORNYN) pro- that matter or measure. better. poses amendments numbered 26 and 27, en (b) CALENDAR.—The Secretary of the Sen- Specifically, this amendment would bloc, to amendment No. 3. ate shall establish for both the Senate Cal- require that before the Senate proceeds

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S419 to any matter, that each Senator re- your staff, Mr. President, or other in the public interest, but there are ceive a minimum of 3 days’ notice and Members’ staff don’t really have this others that have been the subject of that, more importantly, the full text of bill on the list of priorities, of things abuse, and I don’t need to go into that what we will consider will be made to do; it is not one of the most urgent in any great detail. available to the public before we actu- priorities because it looks as though It is a fact that the American people ally begin our work on it. perhaps there is not a lot of interest in have grown very concerned about the What happens now is that in the wan- the legislation. The bill never gets a abuse of earmarks here, again, pri- ing hours of any Congress, we have a vote in committee or on the floor, so marily because there is not adequate procedure—known well to the Members Senator X decides: I have an idea. I will scrutiny, adequate sunshine on this here but unknown to the public, per- hotline the bill at the end of the year, process, causing them grave concerns haps—known as hotlining bills. In at the very end of the Congress in the about the integrity of the entire appro- other words, presumably noncontrover- last few hours. What this amendment priations process. sial matters can be so-called hotlined, would do would be to impose a very My amendment would add a require- and that is placed on the Senate’s cal- commonsense requirement—let’s give ment that the budgetary impact for endar and voted out essentially by adequate notice that this is legislation each earmark be included, as well as a unanimous consent. which Senator X intends to move—so requirement that the total number of The problem is this mechanism, that the appropriate scrutiny and con- earmarks and their total budgetary im- which is designed to facilitate the Sen- sideration may be given to the bill. pact be identified and disclosed. The ate’s work and move relatively non- Of course, a notice goes out under the goal is that when we are considering controversial matters, is increasingly current rule, and the Senator’s staff legislation, we will have a summary the subject of abuse. For example, in alerts the Senator to some concern document that details the number of the 109th Congress, there were 4,122 that unless that happens, it passes by earmarks, the total cost of those ear- bills introduced in the Senate. In the default. That is right, this is essen- marks, and a list of the earmarks, House there were 6,436 bills. Of course, tially an opt-out system. If the Senator along with their principal sponsor. I many of these bills run hundreds of does not object within an hour or two, believe this will allow us, again, to do pages in length. The problem is, as I al- the bill goes out by unanimous agree- our job more diligently and with great- luded to a moment ago, in the final ment. er ease. weeks of the 109th Congress, I was told My proposal is that there be simply a We will also create a fixed baseline there were 125 matters called up before modest notice period before the Senate from which we can proceed in the fu- the Senate for consideration, many of proceeds to a measure for Senators and ture and will further allow the Amer- which included costs to the taxpayers their staff to review the legislation and ican public, as well as our own staff, to of millions of dollars, including an as- so the American people and various be able to analyze the impact of these tonishing 64 bills in the final day and groups that may have an interest in it earmarks on the budgeting process. into the wee hours of Saturday morn- could scrutinize it before we actually Consider that the Congressional Re- ing before we adjourned. In fact, as the consider it and pass it in the waning search Service studies earmarks each chart I have here demonstrates, in the hours, perhaps, of a Congress. I don’t year and identifies earmarks in each last 5 days of the 109th Congress, there know who could really have a legiti- appropriations bill. Through that was a total of 125 bills hotlined. As I mate objection to such a requirement. study, one can see both the total num- mentioned, some of these are relatively I look forward to hearing from any of ber of earmarks and the total dollar noncontroversial matters, but some of my colleagues who have some concerns value of those earmarks have grown them spent millions of dollars of tax- about it, and perhaps I can address significantly over the last decade. The payers’ money. those concerns and we can work to- total number of earmarks, for example, I would think that at a very min- gether to pass this important, although doubled from 1994 to 2005, and the num- imum Senators would want an oppor- simple and straightforward, amend- ber appears to likely go up in 2006 as tunity to do due diligence when it ment. well. The problem is that getting this comes to looking at the contents of I believe this amendment is certainly data after voting on the legislation is this legislation and determining common sense and a good government not particularly helpful after the fact. whether, in fact, it is noncontroversial and open government approach, which By requiring that all legislation con- and in the public interest or whether, is conducive to allowing us to do our tain a list of each earmark, the cost of on the contrary, someone is literally job better. So I ask my colleagues for each earmark, and the total number trying to slip something through in the their enthusiastic support, and maybe and cost of earmarks in the legislation waning hours of the Congress in a way if not their enthusiastic support, at as a whole, we empower our staffs and, that avoids the kind of public scrutiny least their vote in support of this more importantly, the American peo- that is important to passing good legis- amendment at the appropriate time. ple, and ourselves to make better deci- lation and making good policy. AMENDMENT NO. 26 sions. Mr. President, I have in my hands a Mr. President, I have also offered As I said, this is not a broadside at- letter in support of this amendment Senate amendment No. 26. This is an- tack against all earmarks. Some ear- from an organization called other amendment designed to offer marks are good government, but not ReadtheBill.org, which I ask unani- greater sunshine and this time on the all earmarks are good government. mous consent be printed in the RECORD earmark process. This is an amend- What this would do is give us the infor- following my remarks. ment which I have offered in the spirit mation we need to evaluate them, to The PRESIDING OFFICER. Without that Senator DEMINT, the junior Sen- have some empirical baseline we can objection, it is so ordered. ator from South Carolina, has offered use to evaluate how this impacts Fed- (See exhibit 1.) but with a little bit of additional twist eral spending and the integrity of the Mr. CORNYN. Mr. President, I know that I would like to explain. appropriations process. this perhaps seems like a small thing, The current bill requires that all fu- There is one other little element of but small things can have dramatic ture legislation include a list of ear- this amendment I would like to high- consequences. marks and the names of the Senators light. This amendment would also re- Let me give an example. Senator X who requested them. Again, I know we quire an explanation of the essential introduces a bill called the Clean talk in terms of legislative-ese and, of governmental purpose for the earmark Water Access Act sometime this year. course, an earmark is something not or a targeted tax benefit or targeted For whatever reason, this bill doesn’t otherwise provided for within the Fed- tax tariff benefit, including how the get a hearing or the hearing is held eral appropriations bills but is specifi- earmark targeted tax benefit or tar- perhaps with just a modest number of cally requested by a Member of Con- geted tariff benefit advances the gen- Members actually attending—in other gress—a Senator or a Congressman—to eral welfare of the United States of words, it doesn’t get a lot of attention. be included. America. This requirement—again, The bill is one of the thousands of bills Frankly, there are some earmarks something I think most people would introduced. And let’s say my staff or that are very positive and very much assume would be part of the analysis

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S420 CONGRESSIONAL RECORD — SENATE January 11, 2007 and deliberative process Congress read them. If implemented in Senate rules, reacting largely to some of the prob- would undertake anyway—is an impor- this Cornyn amendment would be a signifi- lems that have happened on the other tant reform for the Congress, and it is cant improvement over current Senate rules, side of the Capitol, and they could hap- certainly appropriate on the subject of and over Senate practice during the 109th pen here, so they are appropriate. So I Congress. ethics reform. ReadtheBill.org respects the openness of believe we need to evaluate where we Take, for example, these situations: the sponsors of S. 1 to additional improve- are now with the rules and regulations In the fiscal year 2004 budget, there ments on the floor. As proposed, S. 1 would we have with the Ethics Committee, was a $725,000 earmark for something amend Senate rule XXVIII to prohibit con- which is designed to enforce them, and called the Please Touch Museum; sideration of conference reports before they try to maintain our focus on those $200,000 of Federal taxpayers’ money have been publicly available online for 48 kinds of things. was appropriated by an earmark for hours. S. 1 would improve on current Senate I think we have gotten into things the Rock and Roll Hall of Fame. Even rules. However, S. 1 would NOT cover legisla- that become Federal law in terms of, tive measures or matters on their first con- those who like rock and roll may ques- sideration by the Senate (as opposed to final for instance, political contributions. tion the appropriateness of taxpayers’ conference reports). This is a major failing of Well, that is really not an ethics issue; money being spent to subsidize the S. 1. It’s crucial to find and fix questionable that is a Federal issue with relation to Rock and Roll Hall of Fame. Mr. Presi- provisions early in the legislative process. what is done there. So it seems to me dent, $100,000 was spent for the Inter- By the time a bill emerges from conference the real overriding opportunity for us national Storytelling Center. committee in its final form, it can be too is to increase the transparency of how In 2005, $250,000 was spent in an ear- late to fix even its worst provisions. Yes, the we function and the accountability and mark for the Country Music Hall of conference report can be posted online. But a to spend more time with the Members Fame. I myself am partial to country conference report can gather the political momentum of a runaway train. Posting the and with the staff in terms of familiar- music. I like country music, but I manifest for each train car may reveal a sin- izing ourselves with what the rules are. think many might question whether it ister or illicit cargo. But it’s too late to do We have lots of rules. Quite frankly, as is appropriate that Federal taxpayers’ more than wave an arm before the train is I came onto this committee, I was a dollars be spent by an earmark, here long gone. little impressed with all there is that again largely anonymous because it is That is why it is so important to take time most of us haven’t had much time or not required to be disclosed who the to read bills early in the legislative process, opportunity to take a look at. Senator is under current law, who has before their first floor consideration by the So really what we need is trans- Senate. The Cornyn amendment would cover requested it, but a quarter of a million ALL measures or matters (but no amend- parency and accountability, and that is dollars of taxpayers’ money has been ments), prohibiting their consideration until what we are doing. I am pleased that spent for that purpose. they had been printed in the Congressional we are, but I want to suggest that we Another example: $150,000 for the Record for three calendar days and posted keep in mind the role of what we are Grammy Foundation and $150,000 for publicly online for two calendar days. doing, the role of ethics, and try to the Coca-Cola Space Science Center. ReadtheBill.org endorses the substance of maintain some limits on the kinds of These are just a couple of quick ex- the Cornyn amendment. things we do and hold it to what we are amples, but I think they help make the The Cornyn amendment would be a vital doing. As I said, our record has been point; that is, under the status quo, step toward ReadtheBill.org’s ultimate goal of amending the standing rules of the Senate pretty good. I think the key is trans- there is simply not enough informa- and House to require legislation and con- parency and accountability, so I hope tion, not enough sunshine shining on ference reports to be posted online for 72 we can hold it to that. the appropriations process and particu- hours before floor debate. As work on this I think we need to understand that larly the earmark process which has bill continues, ReadtheBill.org looks forward even though there have been things been the subject of so much con- to working closely with you to craft the that have happened in the Capitol that troversy, and yes, including some scan- most practical, enforceable amendment that we don’t like, the fact is the people dal leading up to this last election on moves toward this goal. who have done most of those things, Non-partisan and focused only on process, November 7. If there is one certain ReadtheBill.org is the leading national orga- many of them, are in jail. They have message I think all of us got on No- nization promoting open floor deliberations acted against the law. The Jack vember 7, it is that the American peo- in Congress. Abramoff thing, which has brought ple want their Government to work for Sincerely, much of this about, was wrong and bad them and not for special interests. RAFAEL DEGENNARO, and has been dealt with and is being One of the best things we can do, Founder & President. dealt with. I think we need to keep rather than passing new rules, is to Mr. THOMAS. Mr. President, I would that in mind and try to define the dif- shine more sunlight on the process. like to speak in general, so I ask unani- ference between ethics and behavior With more sunlight comes greater ac- mous consent that the current amend- here and legal activities that affect ev- countability, and I think in many ways ment be set aside. eryone. it provides a self-correcting mecha- The PRESIDING OFFICER. Without So again, I say ethics is something nism. In other words, people are not objection, it is so ordered. The Senator for which each of us is responsible. As going to be doing things they think from Wyoming is recognized. representatives of our people, we are they can sneak through in secret out in Mr. THOMAS. Mr. President, I wish responsible for it. So if we have trans- the open. So it has the added benefit of to speak in general about the bill, not parency, that is one of the keys. And sort of a self-policing or self-correcting on the specific amendments, about we should understand that what we are mechanism as well. what I think we are doing and the im- doing is dealing with ethics rules. So I would commend both of these portance, frankly, of what we are When this is all over, we ought to be amendments for the Senate’s consider- doing. We are talking, of course, about able to take another look at the total ation. At the appropriate time, I will ethics, about how we function within of our rules and hold what we are doing ask for a vote, working, of course, with this body, and I hope we can keep that here on the floor to that effort. We can the floor managers on this bill. in mind. We are not talking about Fed- do that. Mr. President, I yield the floor. eral law. We are not talking about There are a good many reforms in S. EXHIBIT 1 rules and laws dealing with contribu- 1, and I am pleased we are talking READTHEBILL.ORG, tions. We are talking about how we op- about earmarks, which is one topic of Washington, DC, January 11, 2007. erate within this body. reform. There needs to be more public Hon. JOHN CORNYN, I happen to be a member of the Eth- information. There needs to be more U.S. Senate, ics Committee, and I have been very information to Members as to what Washington, DC. impressed, frankly, with what we are earmarks are. On the other hand, if I DEAR SENATOR CORNYN: ReadtheBill.org doing now. That is not to say we can’t want to represent things that are im- Education Fund commends you for your leadership in proposing an amendment to S. do some more, and indeed we should, portant to my State or your State or 1 that would prohibit floor consideration of but the fact is we have really gone anyone else’s State, we need from time legislation and conference reports before along fairly well here. We haven’t had to time to have an opportunity to sug- senators and the public had more time to any real problems particularly. We are gest that here is an issue in this budget

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S421 which needs to be dealt with. Now, it tions and how we abide by them, how combat troops for every 1,000 civilians needs to be done early on. It needs to we understand them, how we enforce in the area. If we apply that doctrine be transparent. Everyone needs to them, and how we have opportunities to Baghdad’s 6 million people, it means know about it. We need to avoid the to see them, and that there is trans- that at least 120,000 troops will be need- idea of putting things in during the parency from them. That is what we ed to secure Baghdad alone. Right now, conference committee meetings. After are talking about. When we start get- we have about 70,000 combat troops sta- all, Members’ opportunities have ting off into so many things that really tioned all throughout Iraq. Even if passed. That is wrong. But I think the are much beyond ethics and get into they were all concentrated in the city idea that Members have an opportunity the laws—for instance, as I said, cam- of Baghdad, along with the 20,000 new to have some input into the distribu- paign contributions—that is another troops that the President is calling for, tion of funding for their States is rea- issue. It is a good issue, but it is not we would still fall well short of what is sonable. So I think, again, trans- this issue. So I hope we are able to do needed. parency is the real notion, and the con- that. But let us assume that the brave men ference reports ought to be available Those are the points I wanted to and women of the U.S. military are on the Internet. make. We are going to be going for- able to carry out this Herculean task Banning gifts, of course, is good. I ward, and I am glad we are. I hope we and secure Baghdad against the forces think we need to be a little careful don’t spend too much time on this be- that are spiraling it into violence. about what gifts are and whom they cause I think our real challenge is to What is to keep those forces from re- are from. focus on what it is we are really seek- grouping in another town, another I just had an opportunity to meet ing to do and not let us spend a lot of province, even another country— with someone who is a realtor in Wyo- time on things that are inappropriately strengthening, festering, and waiting ming. He came in to talk about prob- in this bill. Our main goal, it seems to until the American soldiers leave to lems for realtors. He is not a lobbyist; me, is greater transparency, a set of launch their bloody attacks again? It he is a realtor. Now, am I supposed to rules we can understand, the oppor- brings to mind the ancient figure of be a little careful to talk to somebody tunity to know what those are, and Sisyphus, who was doomed to push a from Wyoming? How else am I going to then, of course, to have an opportunity boulder up a mountainside for all of know what the issues are for the var- within our own jurisdiction to enforce eternity, only to have it roll back down ious groups? Even though they have an them. as soon as he reached the top. As soon association and he is probably a mem- I yield the floor, and I suggest the ab- as he would accomplish his task, it ber of it, he is not a lobbyist. So I sence of a quorum. would begin again, and this would go think we need to be sure we identify The PRESIDING OFFICER. The on endlessly. I fear that we are con- some of the differences that are in- clerk will call the roll. demning our brave soldiers to a similar volved. The legislative clerk proceeded to fate, hunting down insurgents in one We ought to talk about holds. I think call the roll. city or one province only to watch there is nothing wrong with having a Mr. BYRD. Mr. President, I ask unan- them pop up in another. For how long distribution of what the holds are when imous consent the order for the will U.S. troops be asked to shoulder we are putting them together in Con- quorum call be rescinded. this burden? gress and then putting them in the The PRESIDING OFFICER (Mr. NEL- Over 3,000 American soldiers have al- CONGRESSIONAL RECORD. Again, that is SON of Florida). Without objection, it is ready been killed in Iraq; over 22,000 something which should be public. so ordered. have been wounded. Staggering. Hear Travel. I think there is nothing Under the previous order, the Sen- me—staggering. And President Bush wrong, with major travel, with having ator from West Virginia is recognized now proposes to send 20,000 more Amer- some sort of preapproval from the Eth- for up to 25 minutes. icans into the line of fire beyond the ics Committee. That is a reasonable IRAQ 70,000 already there. thing to do. We each have different Mr. BYRD. Mr. President, last night The cost of this war of choice to problems with travel. Some States are in his address to the Nation, the Presi- American taxpayers is now estimated quite different from others. Charters dent called for a ‘‘surge’’ of 20,000 addi- to be over $400 billion. That means $400 can be made to different places, so we tional U.S. troops to help secure Bagh- for every minute since Jesus Christ need to have some flexibility there. dad against the violence that has con- was born. That is a lot of money. Again, I say one of the keys is to have sumed it. Unfortunately, such a plan is Hear me now. Let me say that, again. some annual ethics training, some an- not the outline of a brave new course, The cost to American taxpayers of this nual ethics information so people know as we were told, but a tragic commit- war of choice is now estimated to be what it is all about. I would venture to ment to an already failed policy; not a over $400 billion, and the number con- say that before this discussion started, bold new strategy but a rededication to tinues to rise. When I say number, I am if you talked about what is in our eth- a course that has proven to be a colos- talking about your taxpayer dollars. ics rules, most of us wouldn’t be able to sal blunder on every count. That ain’t chicken feed. One wonders tell you much about them. We need to The President never spoke words how much progress we could have made do more of that. more true than when he said, ‘‘The sit- in improving education or resolving There needs to be public disclosure of uation in Iraq is unacceptable to the our health care crisis or strengthening lobbying, there is no question, and that American people.’’ But the President, our borders or reducing our national is a good thing and we need to do that. once again, failed to offer a realistic debt or any number of pressing issues The idea of an independent ethics of- way forward. Instead, he gave us more with that amount of money. Man, we fice troubles me a good deal. We are of his stale and tired ‘‘stay the course’’ are talking about big dollars. And the talking about our behavior among our- prescriptions. The President espoused a President proposes spending more selves as Members, and the idea of hav- strategy of ‘‘clear, hold, and build’’—a money, sending more money down that ing some non-Member office overseeing doctrine of counterinsurgency that one drain. our operation just doesn’t seem to of our top commanders, GEN David On every count, an escalation of make sense to me. If any of you have Petraeus, helped to formulate. Clear, 20,000 troops is a misguided, costly, un- not had the opportunity to see all of hold, and build involves bringing to wise course of action. I said at the be- the things that our Ethics Committee bear a large number of troops in an ginning we ought not go into Iraq. I staff goes through, I wish you would area, clearing it of insurgents, holding said that, and I was very loud and clear take a look at it. There is a great deal it secure for long enough to let recon- in saying it. I stood with 22 other Sen- that goes on. struction take place. But what the ators. I said from the beginning we So in sum, I am generally saying President did not say last night is that, ought not to go into Iraq. We had no that I hope—and I think our leaders on according to General Petraeus and his business there. That nation did not at- this issue have done this—we stay with own military experts, this strategy of tack us, did it? I said from the begin- what it is we are seeking to do; that is, ‘‘clear, hold, and build’’ requires a huge ning I am not going down that road and take a look at our rules and regula- number of troops—a minimum of 20 I didn’t and I am not going to now.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S422 CONGRESSIONAL RECORD — SENATE January 11, 2007 This is not a solution. This is not a tle while he has not clearly articulated once again to trust him while he keeps march toward ‘‘victory.’’ where we are going. What is our goal? our troops mired in Iraq. But that trust The President’s own military advis- What is our end game? How much was long ago squandered. I weep for the ers have indicated we do not have progress will we need to see from the waste we have already seen—lives, enough troops for this tragedy to be Iraqi Government before our men and American lives, Iraqi lives, treasure, successful. It will put more Americans women come home? I should think that time, good will, credibility, oppor- in harm’s way than there already are. is what the fathers and mothers of our tunity—wasted, wasted. Now the Presi- It will cost more in U.S. taxpayers’ American troops would want to know. dent is calling for us to waste more. I money—your money. You, who are What is our goal? What is our end say enough, enough. If he will not pro- looking through those lenses, looking game? In the first place, why are we vide leadership and statesmanship, if at the Senate Chamber, hear what I there in Iraq? Why are we asking for he does not have the strength of vision have to say. Many commanders have more troops now? How much progress to recognize a failed policy and to already said that ours is an Army that will we need to see from the Iraqi Gov- chart a new course, then leadership is at its breaking point. It is a dan- ernment before our men and women will have to come from somewhere gerous idea. come home? How long will American else. Enough waste, enough lives lost Why, then, is the President advo- troops be stationed in Iraq, to be on this misguided venture into Iraq. cating it? This decision has the cynical maimed and killed in sectarian blood- I said it was wrongheaded in the be- smell of politics to me, suggesting that shed? ginning and I was right. Enough time an additional 20,000 troops will alter The ultimate solution to the situa- and energy spent on a civil war far the balance of this war. It was a mis- tion in Iraq is political and would have from our shores while the problems take to go into Iraq. Now we want to to come from the Iraqis themselves. Americans face are ignored. Yes, while pour 20,000 more of your men and The Iraqi Government will have to ad- the problems that you, the people out women, your sons and daughters, into dress the causes of the insurgency by there, face—you, the people on the this maelstrom, this sausage grinder, creating a sustainable power-sharing plains and mountains and in the hol- this drainer of blood and life. agreement between and among Sunnis, lows and hills, your problems—we wal- We won’t alter the balance of this Shias, and Kurds, and it is far from low in debt and mortgage our chil- war. It is a way for the President to clear that the Government has the dren’s future to foreigners. That is look forceful, a way for the President power or the willingness at this point. what we are doing. We are continuing. to appear to be taking bold action. But But as long as American troops are We are asking now for more, more, it is only the appearance of bold ac- there to bear the brunt of the blame more. Not: Give me more, more, more tion, not the reality, much like the and the fire, the Iraqi Government will of your kisses but more, more of your image of a cocky President in a flight not shoulder the responsibility itself. money, more, more of your lives. suit declaring ‘‘mission accomplished’’ And Iraq’s neighbors, especially Iran Enough. It is time to truly change from the deck of a battleship. Remem- and Syria, won’t commit to helping to course. Mr. President, it is time to ber that? stabilize the country as long as they look at the compass, time to change This is not a new course. It is a con- see American troops bogged down and course and start talking about how we tinuation of the tragically costly America losing credibility and can rebalance our foreign policy and course we have been on for almost 5 strength. Keeping the United States bring our sons and daughters home— years now. Too long. I said in the be- Army tied up in a bloody, endless bat- bring our sons and daughters home. ginning, I won’t go; it is wrong; we tle in Iraq plays perfectly into Iran’s There are a lot of people making po- should not attack that country which hands and it has little incentive to litical calculations about the war in has never invaded us or attacked us. cease its assistance to the insurgency Iraq, turning this debate into an exer- Those persons who attacked this coun- as long as America is there. America’s cise of political grandstanding and try were not Iraqis, right? Somebody presence in Iraq is inhibiting a lasting point scoring. But this is not a polit- says I am right. solution, not contributing to one. ical game. This is a game of life and It is simply a policy that buys the Let me say that again. I should re- death. This is asking thousands more President more time, more time to peat that statement. Iraq’s neighbors, Americans to make the ultimate sac- equivocate, more time to continue to especially Iran and Syria, won’t com- rifice for a war that we now know, be- resist any suggestion that the Presi- mit to helping to stabilize the country yond a shadow of a doubt, was a mis- dent was wrong to enter our country as long as they see America bogged take. We had no business going into into this war in the first place. This down and losing credibility and Iraq. We had no business invading a war, in this place, at this time, in this strength. Keeping the United States country that never posed an imminent manner, and, importantly, calling for Army tied up in a bloody, endless bat- threat, a serious threat to our own more troops, gives the President more tle in Iraq plays perfectly into Iran’s country. time to hand the Iraq situation off to hand and it has little incentive to There were those of us who cautioned his successor in the White House. The cease its assistance to the insurgency against the hasty rush to war in Iraq. President apparently believes he can as long as America is there. America’s And I have some credibility on that wait this out, that he can continue to presence in Iraq is inhibiting a lasting score. I cautioned against it, yes. And make small adjustments here and there solution, not contributing to a lasting there were others in this Senate Cham- to a misguided policy while he main- solution. ber who stood against the hasty rush to tains the same trajectory until he The President has, once again, I say war in Iraq. Unfortunately, our cries, leaves office and it becomes someone respectfully, gotten it backwards. like Cassandra’s, went unheeded. Like else’s problem. What I hoped to hear from the Presi- Cassandra, our warnings and our fears If you are driving in the wrong direc- dent were specific benchmarks of proved to be prophetic—proved to be tion, anyone knows, as you will not get progress that he expects from the Iraqi prophetic. to your destination by going south Government and a plan for the with- But we are not doomed to repeat our when you should be going north, what drawal of American troops conditioned mistakes. We ought to learn from the do you do? What should you do? You on those benchmarks. Instead, we were past. We must understand—and under- turn around. I see the Presiding Officer given a vague admonition that the re- stand it now, and understand it clear- is following me. I saw him use his arm sponsibility for security will rest with ly—that more money and more like that. He did just what I did, before the Iraqi Government by November, troops—more American troops, more I did it. You turn around and get better with no suggestion of what that re- American lives lost in Iraq—are not directions. sponsibility will mean or how to meas- the answer. This President—I speak respectfully ure that Government’s capacity to The clock—there is the clock above when I speak of the President. I speak handle it. the Presiding Officer’s chair. There it respectfully of the President; that is The President is asking us—you, me, is. There is the clock. There is another my intention—this President is asking you, you out there, you who look one behind me on this wall. These us to step on the gas in Iraq full throt- around this Chamber today—asking us clocks are running, running, running

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S423 on our misadventure. And I can say in a hole, you get out by digging deeper? The PRESIDING OFFICER. Without that with credibility because I said it This is a reckless plan. It is about saving the objection, it is so ordered. was a misadventure in the beginning— Bush Presidency. It is not about saving Iraq. Mr. KYL. Secondly, since the Sen- our misadventure into Iraq. Well, let me talk about the two ele- ator has remained on the Senate floor Enough time has been wasted, Mr. ments of that—first, the analogy, and asked that question a second time, President. Enough. Enough. Hear me: which I think breaks down. I have used I will go ahead and move to answer Enough. Enough time has been wasted. it before. It is a good analogy in cer- that question, and then come back to Mr. President, I yield the floor. tain situations. But it is a little bit the other points I was going to make a The PRESIDING OFFICER (Mr. like saying that when the first wave of moment ago. OBAMA). My understanding is, under our boys hit the Normandy beaches, be- Basically, the Senator asked two the previous order, the Senator from cause many of them were dying, that it questions: Why are we there in the first Arizona is recognized for up to 15 min- made no sense to add more forces, to place; and, secondly, how is this strat- utes. land the rest of our troops on the egy supposed to enable us to achieve IRAQ beach. And that, of course, was not the the victory we seek to achieve? Mr. KYL. Mr. President, I suppose it case. Let me answer that second question was inevitable, the criticism of the Mr. BYRD. Mr. President, will the first, briefly, because the President President’s announcement last night. Senator yield? talked about this last night. The con- But I ask: What happened to all of the Mr. KYL. Mr. President, I will be cept that the President outlined was promises of last week, the talk of bi- happy to yield to the distinguished one that he had developed, or our partisanship, the talk of trying to Senator from West Virginia. forces in Iraq had developed with the work together, especially on the big- Mr. BYRD. Those of us who disagreed Maliki government. And it was predi- gest challenge of our time, this chal- with the plan to go into Iraq in the be- cated on a commitment that the Presi- lenge to our national security? Where ginning—and now who disagree with dent received from the Iraqi Govern- is the unity that we need at this time the request that we put more troops ment that it would be willing to do for this issue more than at any other? into Iraq—we are not talking about the some things differently in the future. I am disappointed by the attacks on Normandy beach. That was an entirely Specifically, what? We appreciate President Bush’s strategy, particularly different matter. until peace and stability come to Iraq, because they come primarily from peo- What are we fighting for over here in it is not going to be possible for that ple who have offered no alternative. It Iraq? Why are the American people Iraqi Government to engage in the po- seems to me that threatening to cut off sending their boys and girls into Iraq, litical and economic reforms that will funding for our troops, as some have a country that has not attacked us? be necessary for that society to move done, while not giving the President’s Why are we sending our boys and girls forward. Iraq strategy a chance, is the worst to have their blood spilled in that far- How does one achieve peace and sta- kind of partisan politics. away country? For what? For what are bility? For most of the country there is When dealing with issues of war and we spending these billions of dollars? relative peace. But everyone agrees in peace, and trying to devise a strategy I cannot understand it. I say that Baghdad itself there is great conflict that will result in the least harm to most respectfully to the distinguished and killing. So the President talked Americans, with the greatest chance of Senator, who is my friend. last night about a division of the city success, it seems to me we should be Mr. KYL. Mr. President, I would say into nine specific regions, bringing in trying to find common ground. to the distinguished Senator from West more troops from the Iraqi Govern- The critics of the President through- Virginia, the Senator asked that ques- ment, twice as many more as the out last year called for a new strategy tion in his remarks a few minutes ago, United States would bring in, in order and interpreted the election results of and I had written down that is a fair not just to clear those areas of the kill- 2006 as substantially a repudiation of question. I am prepared to answer that ers, as the President called them, but the President’s strategy and confirma- question, and I would like to answer to hold the areas, to prevent them from tion that there needed to be a new that question. If the Senator would coming back in and then causing harm strategy. allow me just to finish the point I was to the innocent Iraqi civilians. After consulting with Members of making earlier, I will answer that The Maliki government had talked Congress, with generals, with retired question. about doing this in the past. But when generals, with other experts, the Mr. BYRD. Yes. Very well. I thank we did the clearing, the killers were al- Baker-Hamilton Commission, and the Senator. lowed to come back and continue their many others, the President has come Mr. KYL. I might say, by the way, bad action right after we left. We es- up with another strategy, and he an- that is the central question, and it has tablished checkpoints and curfews, and nounced that strategy last night. It not been adequately answered to date. the Iraqi Government said they would seems to me that we at least owe him I will concede that to my friend from like for us to eliminate those check- the opportunity to see whether that West Virginia. But there is an answer, points and curfews. We would arrest strategy can work before immediately I believe, that justifies, that warrants these killers and put them in jail, but attacking it as a policy that is bound our participation, and I will make that the Iraqi Government would let them to fail, especially, as I said, because I point. back out. In other words, it was doing have seen no alternative. The point I wanted to make before is things that were antithetical to our The only alternative is that we with- that simply because you are having a ability to consolidate the original vic- draw. There are a lot of different ways problem achieving something does not tory we obtained by clearing those that we would withdraw, and time- mean it is wrong to try to figure out a areas of the killers. tables for withdrawal, but they all new strategy to win. And sometimes The President obtained a commit- come down to withdrawing. That sug- applying more force can supply that ment from Maliki that this would gests that leaving the Iraqi forces to element, that missing element. change, so the strategy now would be establish the stability and peace that Mr. BYRD. Mr. President, will the with Iraqi troops taking the lead and is required in Iraq is likely to be more Senator yield for a question? American troops assisting, to clear the successful than the Iraqi troops com- Mr. KYL. Yes, of course, I will be areas and hold them, and hold the kill- bined with U.S. troops—a proposition happy to. ers responsible, keep them from killing which, it seems to me, is incredible on Mr. BYRD. What is it we are seeking again, and go after the militias, espe- its face. So where is the alternative to achieve by putting more troops into cially in Baghdad, that were doing strategy for success? Iraq? most of this killing. Now, one of our colleagues, earlier Mr. KYL. Mr. President, first of all, I Now, that would require some addi- this morning, said: ask unanimous consent that the time tional troops in Baghdad, and the We are in a hole in Iraq, and the President used by the Senator from West Vir- President talked about the number of says the way to dig out of this hole is to dig ginia not count against the time I was troops that would be provided for that. deeper. Does that make sense, when you are given. He said the other area where troops

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S424 CONGRESSIONAL RECORD — SENATE January 11, 2007 would be provided would be in Al Anbar hedge their bets in working with us be- view that he has propounded and make Province, to the west, where the al- cause it is a dangerous neighborhood. it much more difficult for us to con- Qaida terrorists had basically devel- It would be evident that we have no front terrorists. oped a tremendous amount of strength stomach to stay there and that the ter- To the question of how long Ameri- and taken over parts of that area, and rorists, therefore, can move back in, cans will continue to support this, I some additional troops would be needed can use those as a base of operation suspect that the answer is only so long there. and continue, then, to work against as they believe there is a prospect for There were other elements of the the states of Afghanistan, Pakistan, success and only so long as the hidden President’s speech. There were well Saudi Arabia, and the like. In fact, costs of failure remain hidden. We have over 20, as I counted them, of different Saudi Arabia has already talked about not done as good a job as we need to, to parts of this strategy. But the key ele- trying to provide funding for Sunnis in say: All right, maybe this new strategy ments were the ones I just mentioned. Iraq. Iran is providing assistance to of President Bush won’t work. He be- So that is the role these additional Shiites in Iraq. These are the reasons lieves it will. There are new commit- troops are supposed to play. why it is more than a battle for Iraq ments from the Iraqi Government that Now, to the more fundamental ques- but, rather, to continue the momentum suggest it will. We are going to be tion that the Senator asked, if one we have gained in dealing with these doing things differently. We believe only looks at Iraq in a vacuum, I can radicals all throughout that region. this has a chance to succeed. We know easily understand why one would come Mr. BYRD. Will my friend yield? one thing for sure; that is, the alter- to the conclusion that with the death Mr. KYL. I am happy to yield, again, native, withdrawal, is a guarantee for and destruction there, and the harm to to my friend. failure. And what will that failure our own troops, it does not make sense Mr. BYRD. He used these words: ‘‘We bring? Who wants the blood on his or for us to be there. have no stomach to stay there.’’ The her hands of the hundreds of thousands But Iraq is not in a vacuum. Iraq is question is, How long and at what cost? of people who are likely to be killed as part of a larger war. And this is one Stay there how long? How long are the a result of our leaving Iraq a failed thing that both Osama bin Laden and American taxpayers and mothers and state? Who wants to then ask the ques- George Bush agree on, probably the fathers going to put up with the use of tion of why it is that terrorists began only thing: Both of them have called their sons and daughters and their to spread their evil ideology through- the battle in Iraq critical to achieving money? How long are they going to out that part of the world to be more victory in the ultimate—the President continue to want to—I shouldn’t say it effective in potentially attacking the calls it the war against terrorists; bin that way—how long are they going to United States, when, in fact, we have Laden calls it the holy jihad. But, in continue to put up with this expendi- had them on the run? The evidence of either case, they understand that the ture of blood and money and for what? what we did in Somalia is a good illus- loser in this battle in Iraq is not likely I thank my friend for yielding. I hope I tration. The fact that the London to be able to prevail in the larger glob- don’t appear to be discourteous in any bombing about 6 months ago was al war. way. thwarted is another good illustration In bin Laden’s case, he is talking Mr. KYL. Mr. President, the Senator of the fact that when we have good in- about the war to establish the califate, from West Virginia has, again, asked telligence and when we have the ability and he says that Baghdad will be the the most fundamental of all questions. to take the fight to the enemy, we capital of the califate. This is the area I am going to have to take some time make ourselves more secure. that will be ruled by Sharia, the strict to go into more detail about my answer I appreciate the questions of the Sen- law of his interpretation of Islam. The to the question. But I think I have ator from West Virginia. They go to U.S. concept of victory is a peaceful, tried to answer one of the two ques- the heart of this debate. I would hope stable Iraq that can maintain its soci- tions: What is the U.S. security inter- that we will have the opportunity soon ety and borders and be an ally with us est in achieving victory in Iraq? to expand on these questions and the in the war against the terrorists. We know that the world in that re- answers to them and engage in the Our security there is identified in gion would be thrown into absolute kind of debate that we haven’t had up two ways. First, because of the al- chaos, with probably hundreds of thou- to now and this country needs in order Qaida and other terrorists who, as I sands of casualties, if not more, if we to be able to make the decision of what said, have done a tremendous amount leave Iraq a failed state. Even more di- kind of support it wants to give to the of damage in Al Anbar Province and rectly to America’s interests and to an- President or whether it wants to ac- who initiated a lot of the conflict be- swer the question of how long will cept other points of view. tween the Shiites and the Sunnis, Americans support this effort is the I didn’t deliver quite the remarks I among other things, by bombing one of danger that our momentum in the war intended, but I appreciate the com- the most holy of the Shiite mosques; on terror will be set back and will be ments of the Senator from West Vir- they have initiated a lot of this ter- dealt a tremendous blow if we leave ginia. I would be happy to engage in rorism. We have to be able to defeat al- Iraq a failed state and the terrorists that discussion in the future. Qaida and the other terrorists in Iraq. are able to then move out from there Mr. BYRD. I thank the Senator for Secondly, we cannot lose the momen- and again become dominant in places his comments. tum we have gained in this war against such as Afghanistan and Pakistan, the The PRESIDING OFFICER. The Sen- these terrorists in places such as Jor- Wahabis, and Saudi Arabia and so on. ator from Oklahoma. dan and Egypt and Saudi Arabia and That would be a terrible blow to the Mr. COBURN. I ask unanimous con- Pakistan and Afghanistan and Yemen progress we have made against these sent to ask the Senator from Arizona a and other places. From a situation terrorists. question. where they were actually helping ter- Osama bin Laden has a saying about The PRESIDING OFFICER. Without rorists, we have gotten to a point the weak horse and the strong horse. It objection, it is so ordered. where they are actually helping us to has always been his view that we are a Mr. COBURN. The question I have is, find and root out and capture or kill weak horse because we get out when The distinguished Senator from West the terrorists. Were we to leave Iraq a the going gets tough—in Lebanon, in Virginia asked the question: How long failed state, it would not only be a dev- Vietnam, and in Mogadishu. He be- and at what price? But that is a false astating—I will use the word—Holo- lieves that just as he thinks he threw choice. Because if we leave Iraq and we caust for the people of Iraq, especially the Soviets out of Afghanistan, he can walk away, we are going to be fighting anyone who tried to help us or partici- throw the United States out of all of this battle again. So it is not about pated with the Iraqi Government, but this part of the world because we are how long and at what price; it is, when it would be a horrible blow to our na- the weak horse. If we confirm to the are we going to have this battle again? tional security because it would re- people in that region that he is right, I believe that is up for debate. What verse the momentum we have gained in because we will not stay in Iraq be- the American people lack is the under- the war against the terrorists and cause of the difficulties we have con- standing that if we walk out now, we cause these other states to begin to fronted, then we will only validate the are going to put young men and women

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S425 again at risk, at far greater numbers whether it is Republican or Democrat, can be helped with an earmark when and at far greater cost in the future, as we should take an honest look at it. In we are borrowing $300 billion from our we empower the terrorists. I wonder if this case, Speaker PELOSI has it right kids and grandkids. I cannot see how the Senator from Arizona may com- on the earmarks. that priority can be greater when it ment. I would like to speak more about it. undermines the future standard of liv- Mr. KYL. In response to the Senator Before I do, I will yield whatever time ing of our children and grandchildren. from Oklahoma, that is the point I Senator COBURN would like. But to put this bill up without the raised at the very end. It is not only a The PRESIDING OFFICER. The Sen- House version—and even it doesn’t go question of whether the President’s ator from Oklahoma. far enough because it doesn’t list who new strategy has a chance to succeed, Mr. COBURN. Mr. President, I don’t the sponsor is until after it is passed. as he believes it does, but what is the think you can have a discussion on ear- In other words, you don’t know who alternative. If the alternative is leav- marks until you set the predicate for the sponsor is until after the bills come ing Iraq a failed state, I have barely what is really going on. It is not dis- through. scratched the surface of identifying the honorable to want to help your home We need to be honest with the Amer- horrors that that would represent and State. The vast majority of those ican people. The only way we are ever the dangers to American national secu- things that are considered earmarks going to get our house in order fiscally rity that it would involve. We need to are not bad projects. They are not is to have complete transparency on do a better job of articulating that al- dark. They have a common good that what we are doing, so they can see it. ternative. As I see it, that is the only most people would say would be ade- Today the President of the Senate and alternative that has been put forward quate. I passed a bill that will, after the fact, to the President’s new strategy. The question about earmarks is, create transparency so that everybody AMENDMENTS NOS. 11 AND 13 What has evolved through the years will know where all the money went. The PRESIDING OFFICER. The Sen- and what have they become? I believe But it does nothing before the fact. We ator from South Carolina. earmarks have been the gateway drug need the discipline to control the Mr. DEMINT. Mr. President, am I to the lack of control of the Federal spending and to not use this tool of correct in my understanding that I budget. The proof of that is, look at earmarks as a coercive tool with which control the time between now and 2 who votes against appropriations bills. we get votes on appropriations bills o’clock. I will promise you, there won’t be Sen- that are spending more money than we The PRESIDING OFFICER. Under ators in this body who have an ear- have. the previous order, that is correct. mark in a bill that will vote against This last year, a subcommittee I Mr. DEMINT. I thank the Chair. the appropriations bill. What does that chaired in the last Congress had 46 I am here to discuss two amendments say? Does that mean everything in that oversight hearings where we identified that will be voted on at 2 o’clock. I see bill was good; they agree with the bill? over $200 billion in discretionary waste, my colleague, Senator COBURN, is here What it means is, they have an ear- fraud, or duplication. We ought to be to speak on one of them. I will make a mark in the bill. And if they vote taking up those things. We ought to be few comments and then yield some against it, the next time they want an eliminating that. We can do tremen- time to him. earmark, they won’t get it. So you dous work. This whole debate about lobbying have the coercion of using earmarks to The other thing that is important in and ethics reform is very important to control votes. the earmark discussion is that you this Congress. We know from the last Our oath is to do what is in the best don’t have an earmark if it is author- election that the American people are long-term interest of our country. No ized. When it is authorized, that means concerned about how we spend our matter what our political philosophy, a committee of the Senate—a group of money, about corruption. The closer we are all Americans. our peers—looked at it and said this is we looked at it as Congressmen and We can all agree about that. And a priority and something that should Senators, the clearer it became that whether we are liberal or conservative, be done; therefore, it is no longer an the practice we have of earmarking, we don’t want any money wasted. But appropriations earmark because it has which is providing some favor with tax as we spend money on things that are been approved by the committee of ju- dollars to some group or entity around earmarks that are not bad but defi- risdiction. the country, has begun to corrupt the nitely should not be a priority when we The best way to eliminate earmarks process. The scandals we saw on the are fighting a war and have a gulf ca- is to bring them into the sunlight, get House side were mostly related specifi- tastrophe and a budget deficit of $300 them authorized, and allow Appropria- cally to a lobbyist basically buying an billion we are passing on to our chil- tions to fund them. That way, we have earmark, a favor we consider scan- dren, we get the priorities all out of 100-percent sunshine and the American dalous in the Senate. whack. Priorities are what the Amer- people know what we are doing, and we The new Speaker of the House, ican people said they wanted us back defend that in the public, open arena of NANCY PELOSI, in a thoughtful pro- on, and they wanted us back on it to- committee hearings. We should not be posal, H.R. 6, provided a clear defini- gether. afraid to do what is right, what is open, tion of what these earmarks or favors The bill that is on the floor, as the what is honest, and what is transparent are, so that when we begin to develop Senator from South Carolina said, ad- for the American public. They deserve reform of the earmarking process, we dresses only 5 percent of that prob- no less than that. can target those things that are the lem—5 percent of the earmarks. The The earmark provision that is in the problem. Congressional Research Service looked bill in the Senate that we are debating That is what my amendment is at that—12,318, of which 534 would fall right now is cleaning the outside of the about. The bill that is on the floor of under the bill that is on the floor—cor- cup while the inside stays dirty. We the Senate now defines earmarks in a rection, 12,852 is the total and there are should not let that happen. There is no way that only includes about 5 percent 12,318 that this bill would not apply to doubt in my mind that Senator of the total earmarks. It would not at all. It would have no application to DEMINT’s amendment is going to lose. have included the type of earmarks it at all. So the question has to come to the that got Congressman Duke The other problem with earmarks is American public, are you going to hold Cunningham in trouble. It would not there has to be sunshine. Fixing the the Senate accountable for acting as have included the Abramoff type of problem to make everybody think we though they are fixing something when scandal either. We often disagree, but fixed it versus really fixing it is what they are not? Anybody who votes for as we start this new session, there is a this bill does. It is a charade, as far as this bill, with the language in it the new climate of bipartisanship, the need earmarks are concerned. There is noth- way it is today, is winking and nodding to cooperate, Republicans and Demo- ing wrong with wanting an earmark or to the American people and saying we crats. But it is also important, between for me wanting to bring something to fixed it. But we didn’t. Everybody here the House and the Senate, that when Oklahoma. I have chosen not to do that knows it won’t be fixed with the lan- we think the House gets it right, because I cannot see how Oklahoma guage as it sits today. So it is going to

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S426 CONGRESSIONAL RECORD — SENATE January 11, 2007 require the American people to have cannot do business with thousands and Mr. COBURN. Mr. President, I will great oversight over us to see who thousands of special interests who are make a point. There is nobody down votes for this bill. If you are voting for here to influence us, and we have a sys- here defending the other side. this bill, you don’t want to change the tem that actually makes it difficult for Mr. DURBIN. I am here. way business is done here; you want to us not to go along with that, as Sen- Mr. COBURN. I would love to have a leave it exactly the way it is and leave ator COBURN has pointed out. debate on the basis of why the amend- everything alone. So you want to tell This amendment is very simple. It ment that is in this substitute should everybody you fixed it when you didn’t. doesn’t create any kind of rigorous not cover the other 95 percent of the That smacks of a lack of integrity in process for disclosure, which has been earmarks. I ask the Senator from Illi- this body that belies its history. claimed here today by the other side. It nois, what is the basis for only cov- I yield back my time. simply says if we are going to create a ering 5 percent of the earmarks in the The PRESIDING OFFICER. The Sen- transparent, well-disclosed process of bill. ator from South Carolina is recognized. the earmarks we are putting into a Mr. DURBIN. I thank the Senator Mr. DEMINT. Mr. President, I thank bill, all of them are disclosed, not just from Oklahoma. my colleague for his persistence and some small definition that includes The PRESIDING OFFICER. Time is hard work on a very commonsense only 5 out of 100 earmarks. We have al- controlled by the Senator from South issue. Many times in this Chamber, and ready said there were only 534 out of Carolina. in the House, we assume on our side about 12,800, so we cannot pretend to be Mr. DEMINT. I yield to Senator DUR- that if the Democrats have an amend- putting a stop to the corrupting proc- BIN so he may answer the question. ment, there is always some trick in it ess of money here in the Congress if we Mr. DURBIN. Mr. President, there and they are trying to get us to take a try to convince the American people are two problems, at least, with the vote and make us look bad; we don’t that somehow we have done some good. amendment. First, we try in the bipar- trust each other. I wish to make an ap- If we look at the corruption we are try- tisan Reid-McConnell earmark reform peal that on this one amendment—this ing to get rid of, Duke Cunningham on to include not only appropriations ear- amendment No. 11 we have talked the House side was influenced by lobby- marks but also tax benefits. It is the about—there is no trick. It is the exact ists to get a Federal earmark from the same deal. You either send a million language Speaker NANCY PELOSI put in Department of Defense. That would not dollars to a corporation in an appro- their ethics bill, because everybody have been included in the bill that is priations earmark or in a tax benefit. there—many Republicans and Demo- here on the Senate side. But it would So we include both. The language of crats—agree that if we are going to at be in NANCY PELOSI’s language. We Senator DEMINT’s amendment, unfor- least have a pretense of changing the could stop the corruption before it ever tunately, waters that down and weak- culture here, we need to be fully trans- happens. ens it. parent and open and honest in what we We have a real opportunity to do Secondly, we have more stringent re- are talking about. something that is significant. If we are porting requirements in the Reid- As Senator COBURN said, many ear- going to spend weeks and weeks— McConnell amendment than in the marks are good projects; they help peo- which ultimately we are—with ethics DeMint amendment. There is no reason ple and organizations. The problem we and lobbying reform and transparency, to walk backward here. We are moving have is that in order to get a few of if we get to the end of this and we have forward toward reform of earmarks. I those things that are good and nec- something that does not appear re- don’t know if it was a drafting error or essary, we have to vote for thousands motely honest to the American people, what, but the DeMint amendment and thousands of earmarks that are not I think we will all be ashamed of the makes language on tax earmarks weak- Federal priorities, and many of them, process we went through. Unfortu- er and the reporting requirements once disclosed, become an embarrass- nately, yesterday, we voted down an weaker as well. ment to us. I think it has made the amendment that would bring another Mr. DEMINT. I thank the Senator. American people jaded about what we bit of honesty to this organization. We Reclaiming my time, I would be happy do here. had the big scandal we talked about in to work with the Senator on that. We This is an opportunity to at least the last election, Abramoff. The prob- include earmarks related to special tax work together on one thing. The prob- lem there is that Indian tribes in treatment and special tariffs. I know lem we had—and Senator COBURN men- America are allowed to give unregu- there was discussion in the House. tioned this—in 2006 is that in the ap- lated amounts of unaccountable money Again, Speaker PELOSI and the Demo- propriations bills there were 12,852 ear- to Congress to buy influence, and that crats decided on this definition because marks. I am sure there are many that is what happened in that case. they believe strongly in it. I do, too. could be defended. But the biggest We had an amendment yesterday We are certainly willing to work on problem we have as a Congress is that that would have asked the Indian that. behind these thousands of earmarks tribes to play by the same rules every The strategy today to table this are thousands and thousands of lobby- other group in America plays by, but amendment that would move from 5 ists who have been paid to come up we voted it down. That means that in percent of earmarks to 100 percent does here and influence us in a way that the future Indian tribes, with all their not seem to be an open and honest part would include a favor for their client in casinos and money, are going to con- of the process to get at a better ethics the bill. Again, many of these are le- tinue to flood Congress with money reform bill. gitimate. But what we have done to and the American people don’t know Mr. COBURN. Will the Senator yield? ourselves and our country—it drives what it is buying, where it is coming Mr. DEMINT. Yes. me crazy to see a little town in South from. It is senseless to go through an Mr. COBURN. I make the point, if Carolina that is paying a lobbyist firm ethics reform bill and overlook some- you got better reporting on 5 percent over $100,000 a year because that firm thing that obvious. and no reporting on 95 percent, you has promised them they can come up Today, we have something equally as have nothing. That is the whole point. here and get a Federal earmark for a obvious. We have a proposal to identify Before the Senator from Illinois came million dollars or more. What a great and make transparent the earmarks down, I said it is not dishonorable to return—pay $100,000 and get a million that come through the appropriation ask for an earmark. Most of them are dollar earmark. We see little colleges, bills. It is something the House has good projects. I made that point. But associations, and businesses hiring lob- agreed on, and Speaker PELOSI has to not have 95 percent of the earmarks byists, hoping to get a particular ear- made it a top priority. This is not a reported, whether strong or weak, and mark. So we have thousands of lobby- partisan trick. This is a commonsense say we are going to report 5 percent of ists in this town who are here to try to disclosure provision that will be good the earmarks and report them strongly influence us to do a favor on behalf of for this body. is not cleaning anything up. their client. Much of this is legitimate, Mr. COBURN. Will the Senator yield Mr. DURBIN. Will one of the Sen- but our oath and our reason for being for a moment? ators yield? here is for the good of this country. We Mr. DEMINT. Yes. Mr. DEMINT. I yield.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S427 The PRESIDING OFFICER. The Sen- message to the American public. This Every year we frighten senior citi- ator from Illinois. provision that is in this bill is a sham zens, veterans, and other people de- Mr. DURBIN. Mr. President, I thank in terms of cleaning up earmarks, and pending on Government programs that the Senator. As I said, this is getting if you are going to defend it, then you somehow their service is going to be in- perilously close to debate in the Sen- are going to have to defend it to the terrupted because the Government is ate, which hardly ever happens. American public. going to close down. Mr. DEMINT. Mr. President, I thank It will not eliminate 95 percent of the It is completely unnecessary to do the Senator for being here. earmarks, it will not make them trans- this every year. We know, in the last Mr. DURBIN. I am glad to be here parent, and they will never know until years, it is not unusual for us to pass a with my colleague. The difference is after the fact who did it, why, when, continuing resolution in the middle of this: I have had a passion for a long and what lobbyist got paid for it. the night and put it on a jet airplane time about the fight for global AIDS. I Mr. DEMINT. Mr. President, reclaim- and fly it to the other part of the world believe we need to appropriate the ing my time. I am running short. I be- so the President can sign it at the last funds that the President promised and lieve I have until 2 o’clock. minute so we won’t send all our Fed- for which I applauded him to fight the The PRESIDING OFFICER. That is eral employees home and cut services global AIDS epidemic. correct. The Senator from Illinois has around the country. It is a game we Every year I try to plus up and in- asked if the Senator from South Caro- play every year that encourages bad crease the amount of money that goes lina will yield for a response. legislation, it encourages unnecessary to fight global AIDS. I have been suc- Mr. DEMINT. I will yield in a mo- earmarks, and it encourages us to oper- cessful. I am proud of it. I think it is ment. I appreciate the Senator from Il- ate with blinders on because we don’t something I have done that has made a linois staying with us because I want know what we are voting on. This is difference in the world. to mention another amendment and not a partisan trick because the Demo- That, under the Senator’s definition, give him some comment. I do appre- is an earmark. It is not an earmark as crats could be in charge, we could have ciate the opportunity for some debate. a Democratic President. we have traditionally understood it. I would like to summarize to make a The money is not going to a private This amendment is, again, very sim- key point. Nothing in this amendment ple. If we have not passed the appro- company, individual or private entity. would limit, in any way, our ability to The money is going to a Federal agen- priations bills at the end of the fiscal earmark bills. We could have 12,000 year that applies to certain agencies of cy. next year, if we want. The main point To add to this earmark reform lan- Government, those agencies continue of this is that if we are going to have guage, all the money that goes to Fed- to operate at the budget they had the 12,800 some-odd earmarks we have a eral agencies may give the Senator previous year. At whatever time during way to show the American people what some satisfaction, but it is just cre- the year we pass the appropriations bill these earmarks are, where they are ating voluminous, unnecessary paper- that funds them, then that cir- going, and who sponsored them so they work. cumvents the automatic CR, and we can see what we are doing. Can we not focus on where the abuses continue with the new level funding. We know what that would do. It have occurred, where the earmarks This would take the crisis out of the would, first of all, reduce a lot of the have gone to special interest groups, end of every year. earmarks if they were disclosed. It businesses, and individuals? Let’s get What is effective blackmail, where would allow Members to know when we that right. The rest of it is what an ap- you vote for this or the Government is have earmarks. Many times, the 95 per- propriations bill is all about. going to close down, we don’t need to cent or so we are voting on are in a Mr. DEMINT. In the interest of con- do that. What we need is an orderly, tinued debate, I yield to the Senator conference report, and we haven’t seen transparent process that the American from Oklahoma. them. We are not eliminating ear- people can see and that we as Members The PRESIDING OFFICER. The Sen- marks, we are disclosing them and can see. ator from South Carolina yields to the making them transparent, which is key This amendment would continue the Senator from Oklahoma. to any lobby reform. operation of Government until we are Mr. COBURN. Mr. President, first, Let me mention another amendment able to get our business done, and then that is not an earmark program. It is we talked about earlier today. It is re- we would continue business as usual. not an earmark. Everybody knows it is ferred to as an automatic continuing Again, it is simple, commonsense leg- not an earmark. It is the 95 percent resolution, and I am sure a lot of folks islation that does not cost the country that is in the report language that no- don’t know exactly what we are talk- anything. In fact, I think it will save body knows about and on which we are ing about. Every year we go through a us millions and millions of dollars not going to report. process of appropriating money for dif- when we do our business correctly. The American people deserve trans- ferent Government programs. We have If the Senator from Illinois has some parency. The Senator is good. Senator 11 or so different bills, if that is the response, I will be glad to yield. DURBIN is very good, and I understand way we divide it this year. We have to Mr. DURBIN. Mr. President, if the debating with him is difficult, but he is have those done, or supposed to, by the Senator will be kind enough to yield. not to the point. The point is, that is end of our fiscal year in order for the The PRESIDING OFFICER. The Sen- not an earmark. It is a great move to Government to continue operations. ator from Illinois. the side. That is not an earmark. Items But 24 out of the last 25 years, the Con- Mr. DURBIN. Mr. President, I have authorized are not earmarks. That is gress, under the control of both Repub- been speaking with our colleague from the point I made before the Senator licans and Democrats, has not finished Oklahoma. On some of this, I say to from Illinois came to the floor. all its appropriations bills before the the Senator, we may be able to reach All we have to do to get rid of the end of our fiscal year, and we have had an understanding. As I understand it, earmark program is to authorize them to have a continuing resolution to from the original language of the bill in an authorizing committee. Let a avoid the Government shutting down. which referred to earmarks as non-Fed- group of our peers say they are good. We have done that every year I have eral spending, that language ‘‘non-Fed- But we don’t want to do that. We want been in the House and in the Senate. eral’’ is stricken, leading us to con- to continue to hide this 95 percent that What that does at the end of every clude that it applies to Federal ear- is hidden in the report language that year is create a crisis. We have to vote marks as well. the American public isn’t going to for the continuing resolution, we have The Senator from Oklahoma says he know about until an outside group or to get it done, and that is when many believes the distinction should be some Senator raises it to say: Look at of these earmarks are slipped in. That whether the program is authorized. this atrocious thing. is when many times we are told that if That is not in the language of the Mr. DURBIN. Mr. President, will the we want to keep the Government oper- amendment of the Senator from South Senator yield? ating, we need to vote for this resolu- Carolina. Mr. COBURN. I would like to finish. tion, even though we don’t know what It is important for us, if we are going The point being, let’s not send a false is in it yet. to change the Senate rules, to explore

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S428 CONGRESSIONAL RECORD — SENATE January 11, 2007 in some detail the language we use. Al- thorizing the creation of a program. The American people better pay at- though the Senator’s intent may be The Senator’s language says: tention to the vote on tabling this noble, I am opposing it as currently The term ‘‘congressional earmark’’ means amendment because anybody who votes written because I think we need to a provision or report language authorizing or to table this amendment wants to con- tighten it and make sure we achieve recommending a specific amount. tinue the status quo in Washington as what we want to achieve. It is not legally possible in a com- far as earmarks. The final point I will make is, as dis- mittee report to authorize a program. Mr. LEVIN. Mr. President, I will vote appointing as the underlying bill may Mr. DEMINT. Mr. President, I thank to table the DeMint amendment. This be to some, to others, I think it is a the Senator. The Senator from Illinois amendment would strike earmark re- positive step forward. It is going to re- is right. We don’t authorize, but the form language in the Reid-McConnell sult in more required transparency and Senator also mentioned the word ‘‘rec- bipartisan substitute and replace it disclosure than currently exists. ommending.’’ Ninety-five percent of with provisions which contain, among If the Senator feels we should move the earmarks produced by this Con- other things, a definition of earmarked beyond it, perhaps at another time we gress are in report language and con- tax benefits which is weaker than the can, but let’s do it in a manner that ference reports that actually do not Reid-McConnell language. achieves exactly what the Senator has have the force of law, that are rec- The DeMint amendment would define described on the floor. I think the lan- ommended but have been carried out a tax benefit as an earmark only if it guage presented to us does not achieve by the executive branch for years just benefits 10 or fewer beneficiaries. This that. for fear of retribution from the Con- leaves open a loophole for earmarks Mr. DEMINT. Mr. President, I appre- gress because we talked to the Presi- aimed at benefitting very small groups ciate the Senator’s transparency. I dent about this. of people, perhaps as few as 11 or 15 or have been around long enough to know There is no reason why these should 50 taxpayers. It would be relatively exactly what is going to happen. If we not be disclosed. There is no reason the easy to circumvent the DeMint lan- have a transparent provision for 5 per- American people should not know they guage and the intent of the tax ear- cent of earmarks, but if we do them an- are there. We are not limiting the num- mark language in the bill. other way, such as in report language, ber that can be there. We are not sug- The bipartisan Reid-McConnell lan- they are not transparent, and this is gesting we change the authorizing guage, on the other hand, defines a tax going to encourage more perversion of process. benefit as an earmark if it ‘‘has the the way we do business because what is Mr. COBURN. Mr. President, will the practical effect of providing more fa- going to happen is we are going to push Senator yield? vorable tax treatment to a limited more and more of our earmarks into Mr. DEMINT. I yield to the Senator group of taxpayers when compared report language in conference bills that from Oklahoma. with similarly situated taxpayers.’’ Mr. COBURN. I want to put in the we don’t know is there and the Amer- This is stronger language—a limited RECORD this idea of Federal entity, ican people don’t know is there. group can be far more than 10. I am hopeful that this bill will come We know how this place operates, non-Federal entity. Let me give my back from conference committee con- and we are going to choose the path of colleagues examples of Army Corps of taining strong and effective earmark least resistance. If we don’t have to Engineers’ earmarks in report lan- reform provisions from both the House disclose it if it is in report language, guage: Six hundred thousand dollars to and the Senate bills. but we do if it is in the bill, then we study fish passage, Mud Mountain, WA; Mr. DEMINT. Mr. President, I will are actually going to do harm to the Two hundred and seventy-five thou- give the Senator from Illinois the last process. sand dollars to remove the sunken ves- word. I will tell the Senator from Illinois sel State of Pennsylvania from a river The PRESIDING OFFICER. The Sen- this: He mentioned a Senate rule. We in Delaware; ator from Illinois has 2 minutes. are not talking about a Senate rule. We Five hundred thousand dollars for Mr. DURBIN. Mr. President, let me are talking about a statute of law we the collection of technical and environ- say at the outset that committee re- are passing that will go to conference mental data to be used to evaluate po- port language cannot authorize some- with the House. The Senator, obvi- tential rehabilitation of the St. Mary thing that is not legal, no matter what ously, as a member of the majority, Storage Unit facilities, Milk River we put in committee report language. will have ample opportunity to change Project, MT; This has to be put in bill language. this provision, but I think it would be Five million dollars for rural Idaho So referring to a committee report— a good signal to America, to the House, environmental infrastructure. Nowhere trust me, after more than 20 years to our colleagues in the Senate that if will you find in that bill what that is serving on appropriations committees, we adopt this amendment today, and if for. The American people ought to committee report language is akin to there are ways to improve it in con- know what that is for. We ought to sending a note to your sister—it ference, I am certainly open to that. know what that is for. doesn’t mean much. But when it comes But to table this amendment and to One million and seventy-five thou- to the actual expenditure of money, say we don’t even want to discuss or sand dollars for a reformulation study you want bill language and it is there. vote on an amendment that creates of Fire Island Inlet to Montauk Point, Let me, also, say that the money the more disclosure and honesty in the NY; Senator is talking about is being trans- process, I think does harm to what we One hundred and fifty thousand dol- ferred, I assume—I don’t know those are trying to do today. lars for the Teddy Roosevelt Environ- particular projects—to other govern- Mr. DURBIN. Mr. President, will the mental Education Center; mental entities. They could be coun- Senator yield for a question? One million two hundred and fifty ties, they could be States, they could Mr. DEMINT. Yes. thousand dollars for the Sacred Falls be cities. These governmental entities Mr. DURBIN. Mr. President, I say to demonstration project in Hawaii; are receiving this money. the Senator, having served in the Two million dollars for the Desert What we are talking about, the most House and Senate on Appropriations Research Institute in Nevada. egregious cases that have led to the Committees and having been fortunate None of those are authorized. Nobody greatest embarrassment on Capitol Hill to chair a subcommittee in the House will hold anybody accountable for involves the people who represent pri- and now in the Senate, I would like to those earmarks. Nobody will know it vate interest groups who come here make this point which I think the Sen- happened unless we bring it up on the and receive these earmarked funds. ator’s amendment misses. floor, and then we would not have the Those people are subject to full disclo- We cannot authorize a program with power to vote because the coercive sure under the underlying bill. That is committee report language—we cannot power of appropriations in this Con- what this is all about. authorize a program with committee gress is, if you don’t vote for it, you The PRESIDING OFFICER. The Sen- report language. I learned long ago won’t get the next earmark you want; ator’s time has expired. that unless we have bill language, ac- you will be excluded from helping your The PRESIDING OFFICER. Under tually creating a law, we are not au- State on a legitimate earmark. the previous order, there will now be 2

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S429 minutes of debate equally divided in The legislative clerk called the roll. have a crisis situation here. We are all relation to the DeMint amendment No. Mr. DURBIN. I announce that the familiar with the end of the year crisis 11. Who yields time? Senator from Hawaii (Mr. INOUYE) and where we have to vote for a bill or we The PRESIDING OFFICER. The Sen- the Senator from South Dakota (Mr. are going to close down the Govern- ator from South Carolina is recognized JOHNSON) are necessarily absent. ment or parts of the Government. We for 1 minute. Mr. LOTT. The following Senator sign a continuing resolution and that Mr. DEMINT. Which amendment is was necessarily absent: the Senator night, many times, we are flying to this? from Kansas (Mr. BROWNBACK). other parts of the world so the Presi- The PRESIDING OFFICER. Amend- The PRESIDING OFFICER (Mrs. LIN- dent can sign it. ment No. 11. COLN). Are there any other Senators in This amendment is a very simple Mr. DEMINT. Mr. President, this is the Chamber desiring to vote? idea. If we are not able to finish an ap- what we call the Nancy Pelosi amend- The result was announced—yeas 46, propriations bill before the end of the ment; it is in her honor. I appreciate nays 51, as follows: fiscal year, it simply continues the the opportunity for debate. I appre- [Rollcall Vote No. 5 Leg.] Government under last year’s funding. ciate my colleague from Illinois join- YEAS—46 That way, we do not have to have a cri- sis and vote on bills we have not read ing us in some give and take. I think Akaka Domenici Murray there is a temptation to make this Baucus Dorgan Nelson (NE) and that we are embarrassed about 3 more than it is. It is not a new set of Bayh Durbin Pryor weeks later, and we do not have to regulations. It is applying the same Bennett Feinstein Reed threaten Federal employees or senior Biden Hatch Reid citizens that their services will be cut transparency we are trying to apply to Bingaman Kennedy Rockefeller off. 5 percent of earmarks to all the ear- Boxer Klobuchar Salazar marks so that we will not only be hon- Brown Kohl Sanders Please support this amendment. It is Bunning Lautenberg Schumer simple common sense to continue the est as a body, but we will appear hon- Byrd Leahy Smith operations of Government until we can est to the American people. Cardin Levin Stabenow I think all of us know if we walk out Carper Lincoln complete our business. Voinovich of here and the media shines a light on Casey Lott The PRESIDING OFFICER. The time Clinton Whitehouse what we have done, and if it becomes McCaskill of the Senator has expired. Conrad Menendez Wyden Mr. COCHRAN. Madam President, obvious that most of the earmarks we Dodd Mikulski this amendment essentially provides pass are completely overlooked by our NAYS—51 for an automatic continuing resolution ethics and lobbying reform bill, then it Alexander Enzi McConnell in the event any annual appropriations will be seen for the sham that it really Allard Feingold Murkowski bill is not enacted prior to the begin- is. We are investing too much of our Bond Graham Nelson (FL) Burr Grassley Obama ning of the fiscal year. time and too much of the interests of In this fiscal cycle we have passed our country in this idea of ethics re- Cantwell Gregg Roberts Chambliss Hagel Sessions three continuing resolutions to fund form—— Coburn Harkin Shelby the programs for which appropriations The PRESIDING OFFICER. The Sen- Cochran Hutchison Snowe bills have not yet been enacted. Those ator’s time has expired. Coleman Inhofe Specter Collins Isakson Stevens continuing resolutions have been free Mr. DEMINT. I thank the President Corker Kerry Sununu of extraneous matter, and have been for his patience. Cornyn Kyl Tester passed by the House and Senate with- Craig Landrieu Thomas The PRESIDING OFFICER. The Sen- out particular difficulty. ator from Illinois is recognized for 1 Crapo Lieberman Thune DeMint Lugar Vitter My desire to enact the regular appro- minute. Dole Martinez Warner priations bills on time does not stem Mr. DURBIN. Mr. President, I urge Ensign McCain Webb from fear of our inability to enact a my colleagues to vote for a motion to NOT VOTING—3 continuing resolution. I do not see that table. We have a good underlying bipar- Brownback Inouye Johnson the need to pass continuing resolutions tisan bill that will bring about signifi- creates a ‘‘crisis atmosphere’’ as some The motion was rejected. cant reform in the earmark process. have portrayed. Mr. REID. I move to reconsider the The DeMint amendment would weaken Rather, the pressure to pass the an- vote. the bill in two specific instances. nual spending bills stems from a sin- Mr. BENNETT. I move to lay that When it comes to targeted tax bene- cere desire—at least on this Senator’s fits, his definition, regardless of the motion on the table. part—to fulfill Congress’s constitu- source, is not as strong as the under- The motion to lay on the table was tional obligation to exercise the power lying bill, which means the targeted agreed to. of the purse. It stems from our desire tax benefits that benefit special inter- AMENDMENT NO. 13 to make intelligent decisions about est groups will not receive the same The PRESIDING OFFICER. There programs that deserve more funding full disclosure under DeMint that they are 2 minutes of debate actually di- than was provided in the prior year, will under the underlying bill. vided prior to the vote on the DeMint and to reduce or cut off funding for Second, for reasons I don’t under- amendment, No. 13. other programs that aren’t working, or stand, he removes the requirement of Who yields time? which are a lower priority within the posting these earmarks on the Internet Mrs. FEINSTEIN. Madam President, constraints of the budget resolution. 48 hours in advance. That is a good I ask for order. Mr. President, if Senators feel that safeguard. Why he has removed it I The PRESIDING OFFICER. There biennial budgeting is wise, then let us don’t know, but it weakens the under- will be order in the Chamber. enact a biennial budget. If Members lying bill. The Senator from South Carolina is feel that the amount of discretionary I urge my colleagues to vote for the recognized. spending should be reduced for certain motion to table. I will work with my Mr. DEMINT. Madam President, it is programs, then let us debate amend- colleagues from South Carolina and my understanding I am speaking in de- ments to the appropriations bills or to Oklahoma in the hopes that we can fense of amendment No. 13, which we the budget resolution. But let’s not ab- find some common ground. call the automatic continuing resolu- dicate our responsibilities by putting Mr. President, I move to table the tion. the whole operation on autopilot. DeMint amendment and ask for the The PRESIDING OFFICER. That is Finally, I would observe that at the yeas and nays. correct. end of the last Congress it was not the The PRESIDING OFFICER. Is there a Mr. DEMINT. I wish to appeal to my continuing resolution that was laden sufficient second? There is a sufficient fellow Senators to remember that over with extraneous items. It was rather second. the last 25 years, 24 of those years we the tax bill that contained a host of The question is on agreeing to the were not able to complete the appro- disparate and costly items, many of motion. priations process before the end of the which were new to members of the Sen- The clerk will call the roll. fiscal year. As you know, every year we ate. And what was one of the primary

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S430 CONGRESSIONAL RECORD — SENATE January 11, 2007 drivers of that tax legislation? The NAYS—72 Without objection, it is so ordered. need to extend expiring tax breaks. I Akaka Dorgan Nelson (FL) The clerk will report. wonder how Senators would feel about Alexander Durbin Nelson (NE) The legislative clerk read as follows: Baucus Feingold Obama The Senator from Utah [Mr. BENNETT], for a formula-driven approach to auto- Bayh Feinstein Pryor matically extend expiring tax provi- Bennett Gregg Reed Mr. MCCAIN, proposes an amendment num- sions? Biden Hagel Reid bered 19 to amendment No. 4. The Senator from Utah [Mr. BENNETT], for This isn’t a position that I am advo- Bingaman Harkin Roberts Bond Hutchison Rockefeller Mr. MCCAIN, for himself, Mr. FEINGOLD, and cating, but it illustrates the point that Boxer Kennedy Salazar Mr. GRAHAM, proposes an amendment num- a continuing resolution is not a ploy by Brown Kerry Sanders bered 28 to amendment No. 3. the Appropriations Committee to pres- Byrd Klobuchar Schumer The Senator from Utah [Mr. BENNETT], for Cantwell Kohl Shelby Mr. MCCAIN, for himself, Mr. FEINGOLD, and sure Members into supporting appro- Cardin Landrieu Smith priations bills. Carper Lautenberg Snowe Mr. GRAHAM, proposes an amendment num- We don’t need an automatic formula Casey Leahy Specter bered 29. Clinton Levin Stabenow Mr. BENNETT. Madam President, I of this sort. What we need to do is get Cochran Lieberman Sununu to work, debate legislation, move it Coleman Lincoln Tester ask unanimous consent that reading of through in the regular order, and get it Collins Lugar Thomas the amendments be dispensed with. done. We should not abdicate our re- Conrad McCaskill Voinovich The PRESIDING OFFICER. Without Craig Menendez Warner objection, it is so ordered. sponsibilities and put government on Crapo Mikulski Webb autopilot. Dodd Murkowski Whitehouse The amendments are as follows: The PRESIDING OFFICER. The Sen- Domenici Murray Wyden AMENDMENT NO. 19 ator from North Dakota. NOT VOTING—3 (Purpose: To include a reporting requirement) Mr. CONRAD. Madam President, Brownback Inouye Johnson while this amendment is well intended, On page 8, line 4 of the amendment, strike The PRESIDING OFFICER. On this ‘‘expense.’’.’’ and insert the following: ‘‘ex- I believe it will make the circumstance vote, the yeas are 25, the nays are 72. pense. even worse, because it will put Govern- Three-fifths of the Senators duly cho- ‘‘(i) A Member, officer, or employee who ment on automatic pilot. sen and sworn not having voted in the travels on an aircraft operated or paid for by Madam President, more seriously, affirmative, the motion is rejected. a carrier not licenced by the Federal Avia- the automatic CR proposed by the Sen- tion Administration shall file a report with The point of order is sustained and the the Secretary of the Senate not later than 60 ator guarantees funding levels; there- amendment falls. fore, CBO would score the proposal as days after the date on which such flight is The Senator from South Carolina. taken. The report shall include— effectively prefunding the 2008 bills. Mr. DEMINT. Madam President, if I ‘‘(1) the date of such flight; Thus, if adopted, this amendment will could have a brief moment to address ‘‘(2) the destination of such flight; be scored by the Congressional Budget the majority. ‘‘(3) the owner or lessee of the aircraft; Office with increasing direct spending We had a good debate on my first ‘‘(4) the purpose of such travel; by hundreds of billions of dollars. The amendment, amendment No. 11, to ex- ‘‘(5) the persons on such flight (except for last time CBO scored this bill, this pro- pand the definitions of earmarks in a any person flying the aircraft); and posal, they put an estimate of $566 bil- ‘‘(6) the charter rate paid for such flight.’’. way that the American people could On page 9, line 21 of the amendment, strike lion on this amendment. understand and see. I appreciate the ‘‘committee pays’’ and insert the following: The pending amendment deals with Senator from Illinois participating in a ‘‘committee— matters within the jurisdiction of the good and open debate. The motion was ‘‘(I) pays’’ Committee on the Budget. I therefore to table that amendment, but, with bi- On page 10, line 5 of the amendment, strike raise a point of order that the pending partisan support, we defeated the mo- ‘‘taken.’’ and insert the following: ‘‘taken; amendment violates section 306 of the tion to table. And as a customary way and Congressional Budget Act of 1974. ‘‘(II) files a report with the Secretary of of courtesy, I think, in the Senate, we the Senate not later than 60 days after the Mr. DEMINT. We get lots of scores normally accept a voice vote for date on which such flight is taken, such re- around this place. This is not spending. amendments that are not tabled. port shall include— Pursuant to section 904(c)(1) of the I ask unanimous consent that amend- ‘‘(aa) the date of such flight; Congressional Budget Act, I move to ment be accepted. ‘‘(bb) the destination of such flight; waive the point of order, and I ask for The PRESIDING OFFICER. Is there ‘‘(cc) the owner or lessee of the aircraft; the yeas and nays. objection? ‘‘(dd) the purpose of such travel; The PRESIDING OFFICER (Ms. Mr. DURBIN. I object. ‘‘(ee) the persons on such flight (except for The PRESIDING OFFICER. Objec- any person flying the aircraft); and CANTWELL). Is there a sufficient sec- ‘‘(ff) the charter rate paid for such flight.’’. ond? tion is heard. AMENDMENT NO. 28 There is a sufficient second. The Senator from Massachusetts. Mr. KENNEDY. Madam President, I (Purpose: To provide congressional The question is on agreeing to the transparency) motion. The clerk will call the roll. see the managers on the floor at this time. I do not wish to interrupt the On page 4, strike line 11 through line 10, The assistant legislative clerk called page 5, and insert the following: the roll. flow of the discussion. I would like to speak briefly on another matter, to that portion of the conference report that Mr. DURBIN. I announce that the has not been stricken and any modification Senator from Hawaii (Mr. INOUYE) and speak for a very few minutes. of total amounts appropriated necessary to the Senator from South Dakota (Mr. Mr. BENNETT. Madam President, if I reflect the deletion of the matter struck could be recognized to take care of a JOHNSON) are necessarily absent. from the conference report; Mr. LOTT. The following Senator is few housekeeping details, we would (B) the question shall be debatable; and (C) no further amendment shall be in necessarily absent: The Senator from then listen to the Senator from Massa- chusetts. order; and Kansas (Mr. BROWNBACK). Mr. KENNEDY. Madam President, I (3) if the Senate agrees to the amendment, The yeas and nays resulted—yeas 25, yield for that purpose. then the bill and the Senate amendment nays 72, as follows: thereto shall be returned to the House for its The PRESIDING OFFICER. Without [Rollcall Vote No. 6 Leg.] concurrence in the amendment of the Sen- objection, it is so ordered. ate. YEAS—25 The Senator from Utah. (c) SUPERMAJORITY WAIVER AND APPEAL.— Allard Ensign Martinez AMENDMENTS NOS. 19, 28, AND 29 EN BLOC This section may be waived or suspended in Bunning Enzi McCain Mr. BENNETT. Madam President, I the Senate only by an affirmative vote of 3⁄5 Burr Graham McConnell of the Members, duly chosen and sworn. An Chambliss Grassley ask unanimous consent to set the pend- Sessions affirmative vote of 3⁄5 of the Members of the Coburn Hatch Stevens ing amendment aside and call up Corker Inhofe Senate, duly chosen and sworn, shall be re- Thune amendments Nos. 19, 28, and 29 en bloc. quired in the Senate to sustain an appeal of Cornyn Isakson Vitter DeMint Kyl The PRESIDING OFFICER. Is there the ruling of the Chair on a point of order Dole Lott objection? raised under this section.

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(d) ANY MATTER.—In this section, the term ‘‘(f) A point of order under subparagraph ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL ‘‘any matter’’ means any new matter, in- (a) may be waived only by a motion agreed FUNDS. cluding general legislation, unauthorized ap- to by the affirmative vote of three-fifths of ‘‘(a) IN GENERAL.—A recipient of Federal propriations, and non-germane matter. the Senators duly chosen and sworn. If an funds shall file a report as required by sec- SEC. 102A. REFORM OF CONSIDERATION OF AP- appeal is taken from the ruling of the Pre- tion 5(a) containing— PROPRIATIONS BILLS IN THE SEN- siding Officer with respect to such a point of ‘‘(1) the name of any lobbyist registered ATE. order, the ruling of the Presiding Officer under this Act to whom the recipient paid (a) IN GENERAL.—Rule XVI of the Standing shall be sustained absent an affirmative vote money to lobby on behalf of the Federal Rules of the Senate is amended by adding at of three-fifths of the Senators duly chosen funding received by the recipient; and the end the following: and sworn. ‘‘(2) the amount of money paid as described ‘‘9.(a) On a point of order made by any Sen- in paragraph (1). ator: ‘‘(g) Notwithstanding any other rule of the ‘‘(b) DEFINITION.—In this section, the term ‘‘(1) No new or general legislation nor any Senate, it shall be in order for a Senator to ‘recipient of Federal funds’ means the recipi- unauthorized appropriation may be included raise a single point of order that several pro- ent of Federal funds constituting an award, in any general appropriation bill. visions of a general appropriation bill or an grant, or loan.’’. ‘‘(2) No amendment may be received to any amendment between the Houses on a general general appropriation bill the effect of which appropriation bill violate subparagraph (a). (c) PROHIBITION ON OBLIGATION OF FUNDS will be to add an unauthorized appropriation The Presiding Officer may sustain the point FOR APPROPRIATIONS EARMARKS INCLUDED to the bill. of order as to some or all of the provisions ONLY IN CONGRESSIONAL REPORTS.— ‘‘(3) No unauthorized appropriation may be against which the Senator raised the point of (1) IN GENERAL.—No Federal agency may included in any amendment between the order. If the Presiding Officer so sustains the obligate any funds made available in an ap- Houses, or any amendment thereto, in rela- point of order as to some or all of the provi- propriation Act to implement an earmark tion to a general appropriation bill. sions against which the Senator raised the that is included in a congressional report ac- ‘‘(b)(1) If a point of order under subpara- point of order, then only those provisions companying the appropriation Act, unless graph (a)(1) against a Senate bill or amend- against which the Presiding Officer sustains the earmark is also included in the appro- ment is sustained— the point of order shall be deemed stricken priation Act. ‘‘(A) the new or general legislation or un- pursuant to this paragraph. Before the Pre- (2) DEFINITIONS.—For purposes of this sub- authorized appropriation shall be struck siding Officer rules on such a point of order, section: from the bill or amendment; and any Senator may move to waive such a point (A) The term ‘‘assistance’’ includes an ‘‘(B) any modification of total amounts ap- of order, in accordance with subparagraph award, grant, loan, loan guarantee, contract, propriated necessary to reflect the deletion (f), as it applies to some or all of the provi- or other expenditure. of the matter struck from the bill or amend- sions against which the point of order was (B) The term ‘‘congressional report’’ means ment shall be made. raised. Such a motion to waive is amendable a report of the Committee on Appropriations ‘‘(2) If a point of order under subparagraph in accordance with the rules and precedents of the House of Representatives or the Sen- (a)(1) against an Act of the House of Rep- of the Senate. After the Presiding Officer ate, or a joint explanatory statement of a resentatives is sustained when the Senate is rules on such a point of order, any Senator committee of conference. not considering an amendment in the nature may appeal the ruling of the Presiding Offi- (C) The term ‘‘earmark’’ means a provision of a substitute, then an amendment to the cer on such a point of order as it applies to that specifies the identity of an entity to re- House bill is deemed to have been adopted some or all of the provisions on which the ceive assistance and the amount of the as- that— Presiding Officer ruled. sistance. ‘‘(A) strikes the new or general legislation ‘‘(h) For purposes of this paragraph: (D) The term ‘‘entity’’ includes a State or or unauthorized appropriation from the bill; ‘‘(1) The term ‘new or general legislation’ locality. and has the meaning given that term when it is (3) EFFECTIVE DATE.—This subsection shall ‘‘(B) modifies, if necessary, the total used in paragraph 2 of this rule. apply to appropriation Acts enacted after amounts appropriated by the bill to reflect ‘‘(2)(A) The term ‘unauthorized appropria- December 31, 2007. the deletion of the matter struck from the tion’ means an appropriation— SEC. 103. EARMARKS. bill; ‘‘(i) not specifically authorized by law or ‘‘(c) If the point of order against an amend- The Standing Rules of the Senate are Treaty stipulation (unless the appropriation amended by adding at the end the following: ment under subparagraph (a)(2) is sustained, has been specifically authorized by an Act or then the amendment shall be out of order resolution previously passed by the Senate ‘‘RULE XLIV and may not be considered. during the same session or proposed in pur- ‘‘EARMARKS ‘‘(d)(1) If a point of order under subpara- suance of an estimate submitted in accord- graph (a)(3) against a Senate amendment is ‘‘1. In this rule— ance with law); or sustained, then— ‘‘(1) the term ‘earmark’ means a provision ‘‘(ii) the amount of which exceeds the ‘‘(A) the unauthorized appropriation shall that specifies the identity of an entity (by amount specifically authorized by law or be struck from the amendment; Treaty stipulation (or specifically author- AMENDMENT NO. 29 ‘‘(B) any modification of total amounts ap- ized by an Act or resolution previously propriated necessary to reflect the deletion (Purpose: To provide congressional passed by the Senate during the same session of the matter struck from the amendment transparency) or proposed in pursuance of an estimate sub- shall be made; and mitted in accordance with law) to be appro- On page 4, strike line 11 through line 2, ‘‘(C) after all other points of order under priated. page 5, and insert the following: this paragraph have been disposed of, the ‘‘(B) An appropriation is not specifically that portion of the conference report that Senate shall proceed to consider the amend- authorized if it is restricted or directed to, has not been stricken and any modification ment as so modified. or authorized to be obligated or expended for ‘‘(2) If a point of order under subparagraph of total amounts appropriated necessary to the benefit of, an identifiable person, pro- (a)(3) against a House of Representatives reflect the deletion of the matter struck gram, project, entity, or jurisdiction by ear- amendment is sustained, then— from the conference report; marking or other specification, whether by ‘‘(A) an amendment to the House amend- (B) the question shall be debatable; and name or description, in a manner that is so ment is deemed to have been adopted that— (C) no further amendment shall be in restricted, directed, or authorized that it ap- ‘‘(i) strikes the new or general legislation order; and plies only to a single identifiable person, or unauthorized appropriation from the (3) if the Senate agrees to the amendment, program, project, entity, or jurisdiction, un- House amendment; and then the bill and the Senate amendment less the identifiable person, program, ‘‘(ii) modifies, if necessary, the total thereto shall be returned to the House for its project, entity, or jurisdiction to which the amounts appropriated by the bill to reflect concurrence in the amendment of the Sen- restriction, direction, or authorization ap- the deletion of the matter struck from the ate. plies is described or otherwise clearly identi- House amendment; and (c) SUPERMAJORITY WAIVER AND APPEAL.— fied in a law or Treaty stipulation (or an Act ‘‘(B) after all other points of order under This section may be waived or suspended in or resolution previously passed by the Sen- 3 this paragraph have been disposed of, the the Senate only by an affirmative vote of ⁄5 ate during the same session or in the esti- Senate shall proceed to consider the question of the Members, duly chosen and sworn. An mate submitted in accordance with law) that 3 of whether to concur with further amend- affirmative vote of ⁄5 of the Members of the specifically provides for the restriction, di- ment. Senate, duly chosen and sworn, shall be re- ‘‘(e) The disposition of a point of order rection, or authorization of appropriation for quired in the Senate to sustain an appeal of made under any other paragraph of this rule, such person, program, project, entity, or ju- the ruling of the Chair on a point of order or under any other Standing Rule of the Sen- risdiction.’’. raised under this section. ate, that is not sustained, or is waived, does (b) LOBBYING ON BEHALF OF RECIPIENTS OF (d) ANY MATTER.—In this section, the term not preclude, or affect, a point of order made FEDERAL FUNDS.—The Lobbying Disclosure ‘‘any matter’’ means any new matter, in- under subparagraph (a) with respect to the Act of 1995 is amended by adding after sec- cluding general legislation, unauthorized ap- same matter. tion 5 the following: propriations, and non-germane matter.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S432 CONGRESSIONAL RECORD — SENATE January 11, 2007 SEC. 102A. REFORM OF CONSIDERATION OF AP- appeal is taken from the ruling of the Pre- money to lobby on behalf of the Federal PROPRIATIONS BILLS IN THE SEN- siding Officer with respect to such a point of funding received by the recipient; and ATE. order, the ruling of the Presiding Officer ‘‘(2) the amount of money paid as described (a) IN GENERAL.—Rule XVI of the Standing shall be sustained absent an affirmative vote in paragraph (1). Rules of the Senate is amended by adding at of three-fifths of the Senators duly chosen ‘‘(b) DEFINITION.—In this section, the term the end the following: and sworn. ‘recipient of Federal funds’ means the recipi- ‘‘9.(a) On a point of order made by any Sen- ‘‘(g) Notwithstanding any other rule of the ent of Federal funds constituting an award, ator: Senate, it shall be in order for a Senator to grant, or loan.’’. ‘‘(1) No new or general legislation nor any raise a single point of order that several pro- (c) PROHIBITION ON OBLIGATION OF FUNDS unauthorized appropriation may be included visions of a general appropriation bill or an FOR APPROPRIATIONS EARMARKS INCLUDED in any general appropriation bill. amendment between the Houses on a general ONLY IN CONGRESSIONAL REPORTS.— ‘‘(2) No amendment may be received to any appropriation bill violate subparagraph (a). (1) IN GENERAL.—No Federal agency may general appropriation bill the effect of which The Presiding Officer may sustain the point obligate any funds made available in an ap- will be to add an unauthorized appropriation of order as to some or all of the provisions propriation Act to implement an earmark to the bill. against which the Senator raised the point of that is included in a congressional report ac- ‘‘(3) No unauthorized appropriation may be order. If the Presiding Officer so sustains the companying the appropriation Act, unless included in any amendment between the point of order as to some or all of the provi- the earmark is also included in the appro- Houses, or any amendment thereto, in rela- sions against which the Senator raised the priation Act. tion to a general appropriation bill. point of order, then only those provisions (2) DEFINITIONS.—For purposes of this sub- ‘‘(b)(1) If a point of order under subpara- against which the Presiding Officer sustains section: graph (a)(1) against a Senate bill or amend- the point of order shall be deemed stricken (A) The term ‘‘assistance’’ includes an ment is sustained— pursuant to this paragraph. Before the Pre- award, grant, loan, loan guarantee, contract, siding Officer rules on such a point of order, ‘‘(A) the new or general legislation or un- or other expenditure. any Senator may move to waive such a point authorized appropriation shall be struck (B) The term ‘‘congressional report’’ means of order, in accordance with subparagraph from the bill or amendment; and a report of the Committee on Appropriations (f), as it applies to some or all of the provi- ‘‘(B) any modification of total amounts ap- of the House of Representatives or the Sen- propriated necessary to reflect the deletion sions against which the point of order was raised. Such a motion to waive is amendable ate, or a joint explanatory statement of a of the matter struck from the bill or amend- committee of conference. ment shall be made. in accordance with the rules and precedents of the Senate. After the Presiding Officer (C) The term ‘‘earmark’’ means a provision ‘‘(2) If a point of order under subparagraph that specifies the identity of an entity to re- (a)(1) against an Act of the House of Rep- rules on such a point of order, any Senator may appeal the ruling of the Presiding Offi- ceive assistance and the amount of the as- resentatives is sustained when the Senate is sistance. not considering an amendment in the nature cer on such a point of order as it applies to some or all of the provisions on which the (D) The term ‘‘entity’’ includes a State or of a substitute, then an amendment to the locality. House bill is deemed to have been adopted Presiding Officer ruled. ‘‘(h) For purposes of this paragraph: (3) EFFECTIVE DATE.—This subsection shall that— ‘‘(1) The term ‘new or general legislation’ apply to appropriation Acts enacted after ‘‘(A) strikes the new or general legislation has the meaning given that term when it is December 31, 2007. or unauthorized appropriation from the bill; used in paragraph 2 of this rule. Mr. BENNETT. Senator MCCAIN will and ‘‘(2)(A) The term ‘unauthorized appropria- ‘‘(B) modifies, if necessary, the total have appropriate comments to make on tion’ means an appropriation— these amendments at some future amounts appropriated by the bill to reflect ‘‘(i) not specifically authorized by law or the deletion of the matter struck from the Treaty stipulation (unless the appropriation time. bill; has been specifically authorized by an Act or AMENDMENT NO. 25, AS MODIFIED ‘‘(c) If the point of order against an amend- resolution previously passed by the Senate Madam President, I, also, ask unani- ment under subparagraph (a)(2) is sustained, during the same session or proposed in pur- mous consent that amendment No. 25, then the amendment shall be out of order suance of an estimate submitted in accord- offered by Senator ENSIGN, be modified and may not be considered. ance with law); or ‘‘(d)(1) If a point of order under subpara- in the form I send to the desk. ‘‘(ii) the amount of which exceeds the The PRESIDING OFFICER. Is there graph (a)(3) against a Senate amendment is amount specifically authorized by law or sustained, then— Treaty stipulation (or specifically author- objection? ‘‘(A) the unauthorized appropriation shall ized by an Act or resolution previously Without objection, the amendment is be struck from the amendment; passed by the Senate during the same session so modified. ‘‘(B) any modification of total amounts ap- or proposed in pursuance of an estimate sub- The amendment, as modified, is as propriated necessary to reflect the deletion mitted in accordance with law) to be appro- follows: of the matter struck from the amendment priated. At the appropriate place, insert the fol- shall be made; and ‘‘(B) An appropriation is not specifically lowing: ‘‘(C) after all other points of order under authorized if it is restricted or directed to, SEC. ll. SENATE FIREWALL FOR DEFENSE this paragraph have been disposed of, the or authorized to be obligated or expended for SPENDING. Senate shall proceed to consider the amend- the benefit of, an identifiable person, pro- For purposes of sections 301 and 302 of the ment as so modified. gram, project, entity, or jurisdiction by ear- Congressional Budget Act of 1974, the levels ‘‘(2) If a point of order under subparagraph marking or other specification, whether by of new budget authority and outlays and the (a)(3) against a House of Representatives name or description, in a manner that is so allocations for the Committees on Appro- amendment is sustained, then— restricted, directed, or authorized that it ap- priations shall be further divided and sepa- ‘‘(A) an amendment to the House amend- plies only to a single identifiable person, rately enforced under section 302(f) of the ment is deemed to have been adopted that— program, project, entity, or jurisdiction, un- Congressional Budget Act of 1974 in the fol- ‘‘(i) strikes the new or general legislation less the identifiable person, program, lowing categories: or unauthorized appropriation from the project, entity, or jurisdiction to which the (1) For the defense allocation, the amount House amendment; and restriction, direction, or authorization ap- of discretionary spending assumed in the ‘‘(ii) modifies, if necessary, the total plies is described or otherwise clearly identi- budget resolution for the defense function amounts appropriated by the bill to reflect fied in a law or Treaty stipulation (or an Act (050). the deletion of the matter struck from the or resolution previously passed by the Sen- (2) For the nondefense allocation, the House amendment; and ate during the same session or in the esti- amount of discretionary spending assumed ‘‘(B) after all other points of order under mate submitted in accordance with law) that for all other functions of the budget. this paragraph have been disposed of, the specifically provides for the restriction, di- Mr. BENNETT. Thank you, Madam Senate shall proceed to consider the question rection, or authorization of appropriation for of whether to concur with further amend- such person, program, project, entity, or ju- President. ment. risdiction.’’. I thank the Senator from Massachu- ‘‘(e) The disposition of a point of order (b) LOBBYING ON BEHALF OF RECIPIENTS OF setts. made under any other paragraph of this rule, FEDERAL FUNDS.—The Lobbying Disclosure The PRESIDING OFFICER. The Sen- or under any other Standing Rule of the Sen- Act of 1995 is amended by adding after sec- ator from Massachusetts. ate, that is not sustained, or is waived, does tion 5 the following: Mr. KENNEDY. Madam President, I not preclude, or affect, a point of order made ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL intend to, briefly—if the Senator has a under subparagraph (a) with respect to the FUNDS. consent request, I will be glad to yield same matter. ‘‘(a) IN GENERAL.—A recipient of Federal ‘‘(f) A point of order under subparagraph funds shall file a report as required by sec- for that purpose. (a) may be waived only by a motion agreed tion 5(a) containing— Mr. VITTER. Madam President, if to by the affirmative vote of three-fifths of ‘‘(1) the name of any lobbyist registered the Senator would yield, I have a very the Senators duly chosen and sworn. If an under this Act to whom the recipient paid similar 30-second housekeeping matter.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S433 Mr. KENNEDY. Madam President, I authorized by Congress in 2002. The Mr. LIEBERMAN. Mr. President, I yield for that purpose. Iraq war resolution authorized a war ask unanimous consent that the order Mr. VITTER. I appreciate it. against the regime of Saddam Hussein for the quorum call be rescinded. The PRESIDING OFFICER. Without because he was believed to have weap- The PRESIDING OFFICER (Mr. CAR- objection, it is so ordered. ons of mass destruction, an operational PER). Without objection, it is so or- The Senator from Louisiana. relationship with al-Qaida, and was in dered. AMENDMENT NO. 9, AS MODIFIED defiance of the U.N. Security Council Mr. LIEBERMAN. Mr. President, I Mr. VITTER. Madam President, I re- resolutions. ask unanimous consent that the pend- quest to go to the regular order regard- Not one Member of Congress—not ing amendment be temporarily set ing the Vitter amendment No. 9 and one—would have voted in favor of the aside. send a revision of that amendment to resolution if they thought they were The PRESIDING OFFICER. Is there the desk. sending American troops into a civil objection? The PRESIDING OFFICER. The war. The Chair hears none, and it is so or- amendment is so modified. The President owes it to the Amer- dered. The amendment, as modified, is as ican people to seek approval for this AMENDMENT NO. 30 TO AMENDMENT NO. 3 follows: new mission from Congress. Congress (Purpose: To establish a Senate Office of On page 51, between lines 12 and 13, insert should no longer be a rubberstamp for Public Integrity.) the President’s failed strategy. We the following: Mr. LIEBERMAN. Mr. President, I should insist on a policy that is worthy SEC. 242. SPOUSE LOBBYING MEMBER. now ask that amendment No. 30 be (a) IN GENERAL.—Section 207(e) of title 18, of the sacrifice of the brave men and called up. United States Code, as amended by section women in uniform who have served so The PRESIDING OFFICER. The 241, is further amended by adding at the end gallantly in Iraq. clerk will report. the following: President Bush has been making up The legislative clerk read as follows: ‘‘(5) SPOUSES.—Any person who is the his mind on Iraq ever since the elec- spouse of a Member of Congress and who was tion. Before he escalates the war, the The Senator from Connecticut [Mr. LIE- not serving as a registered lobbyist at least BERMAN], for himself, Ms. COLLINS, Mr. 1 year prior to the election of that Member American people deserve a voice in his OBAMA, Mr. MCCAIN, Mr. FEINGOLD, Mr. of Congress to office and who, after the elec- decision. KERRY, and Mr. CARPER, proposes an amend- tion of such Member, knowingly lobbies on He is the Commander in Chief, but he ment numbered 30 to amendment No. 3. behalf of a client for compensation any is still accountable to the people. Our Mr. LIEBERMAN. Mr. President, I Member of Congress or is associated with system of checks and balances gives ask unanimous consent that reading of any such lobbying activity by an employer of Congress a key role in decisions of war the amendment be dispensed with. that spouse shall be punished as provided in and peace. section 216 of this title.’’. The PRESIDING OFFICER. Without We know an escalation of troops into objection, it is so ordered. Mr. VITTER. Thank you, Madam this civil war will not work. We have (The amendment is printed in today’s President. increased our military presence in the RECORD under ‘‘Text of Amendments.’’) I thank the Senator from Massachu- past, and each time the violence has in- Mr. LIEBERMAN. Mr. President, I setts. creased and the political problems have am proud to offer this amendment, The PRESIDING OFFICER. The Sen- persisted. along with Senators COLLINS, OBAMA, ator from Massachusetts. Despite what the President says, his MCCAIN, and the occupant of the Chair, IRAQ own generals are on the record oppos- the distinguished Senator from Dela- Mr. KENNEDY. Madam President, ing a surge in troops. ware, Mr. CARPER. Iraq is the overarching issue of our Last November 15, 2006, General This amendment would create a Sen- time. American lives, American values, Abizaid was unequivocal that increas- ate Office of Public Integrity. The mat- America’s role in the world is at stake. ing our troop commitment is not the ter before the Chamber now is to re- As the November election made answer. form the rules by which Senate ethics He said: clear, the American people oppose this and the conduct of lobbyists are gov- war, and an even greater number op- I’ve met with every divisional com- erned. It is the contention of those of pose sending more troops to Iraq. mander—General Casey, the corps com- mander, General Dempsey—we all talked to- us who sponsor this amendment that The American people are demanding gether. And I said, ‘‘in your professional reform of the rules is critically nec- a change in course in Iraq. Instead, the opinion, if we were to bring in more Amer- essary and important following the President is accelerating the same ican troops now, does it add considerably to scandals of recent years. But it is also failed course he has pursued for nearly our ability to achieve success in Iraq?’’ And important to reform the enforcement 4 years. He must understand Congress they all said no. process by which those rules are ap- will not endorse this course. On December 29, General Casey said: plied. The President’s decision to send The longer we in the U.S. forces continue If we are about the business of restor- more American troops into the caul- to bear the main burden of Iraq’s security, it ing the public’s trust in this institu- dron of civil war is not an acceptable lengthens the time that the government of tion and its Members and the willing- strategy. It is against the advice of his Iraq has to take the hard decisions about ness of this great institution to inde- own generals, the Iraq Study Group, reconciliation and dealing with the militias. pendently and aggressively investigate . . .They can continue to blame us for all of and the wishes of the American people Iraq’s problems, which are at base their allegations of misconduct among Mem- and will only compound our original problems. bers and then to hold those Members mistake in going to war in Iraq in the Time and again our leaders in Viet- accountable, it seems to me we can no first place. nam escalated our military presence, longer be comfortable or content with This morning, the Secretary of State and each new escalation of force led to a process that allows us to investigate testified that the Iraqi Government ‘‘is the next. We escalated the war instead charges against us and then reach a . . . on borrowed time.’’ In fact, time is of ending it. And similar to Vietnam, judgment about what the response already up. The Iraqi Government there is no military solution to Iraq, should be to us. needs to make the political com- only political. The President is the last The office that would be created by promises necessary to end this civil person in America to understand that. this amendment would investigate al- war. The answer is not more troops, it We must not only speak against the legations of Member or staff violations is a political settlement. surge in troops, we must act to prevent of Senate rules or other standards of The President talked about strength- it. conduct. It would present cases of prob- ening relations with Congress. He I thank the Chair and yield the floor. able ethics violations to the Select should begin by seeking authority from I suggest the absence of a quorum. Committee on Ethics of the Senate Congress for any escalation of the war. The PRESIDING OFFICER. The which would retain the final authority, The mission of our Armed Forces clerk will call the roll. consistent with tradition and law. today in Iraq no longer bears any re- The assistant legislative clerk pro- This office of public integrity would semblance whatsoever to the mission ceeded to call the roll. make recommendations to the Ethics

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S434 CONGRESSIONAL RECORD — SENATE January 11, 2007 Committee that it report to appro- Democratic side. I don’t think you will tion and upgrading the rules by which priate Federal or State authorities any find any more loyal partisan to the Re- we govern ourselves and the process by substantial evidence of a violation by a publicans than Senator MCCONNELL. which those rules are enforced. Member or staff of any law applicable In that position, with existing proce- Finally, a lot of things have been to the performance of his or her duties dures, not requiring any office of public said here about Iraq and the message or responsibility. integrity, Senator MCCONNELL, as the people were sending last year about Finally, the Senate office of public chairman of the Ethics Committee, led Iraq. It seems to me they were sending integrity, a new office that would be a unanimous vote out of the Ethics at least as strong a message about the created by this amendment, would ap- Committee against the interests of way we in Congress do our business. I prove or deny approval of privately Senator Packwood, and Senator Pack- saw one public opinion survey or exit funded trips for Members or staff, sub- wood resigned. He was, indeed, replaced poll that showed more people said they ject to the review of the Ethics Com- by Senator WYDEN, a Democrat. The voted based on what were ethical mittee. Republicans had a seat which they lost wrongdoings here in Congress than on I called up this amendment to inform and have never gotten back. any other issue. I begin this debate to our colleagues that this group of co- On the other side of the aisle, Sen- indicate to our colleagues that my co- sponsors was going to go forward with ator Torricelli was dealt with by the sponsors and I intend to go forward the amendment and to urge that our Ethics Committee in a manner that with this amendment next week. colleagues take a look at it, consider caused him to resign his nomination I thank my friend from Utah for be- it, ask us questions about it, and that and, therefore, any hope he may have ginning what I know will be a serious we look forward to a full debate on it had of reelection. We have a history in and elevating discussion. next week. this body of dealing with our Members I yield the floor and suggest the ab- Earlier, I failed to say that Senators who act inappropriately with the exist- sence of a quorum. The PRESIDING OFFICER. The FEINGOLD and KERRY are also cospon- ing procedures. sors of the amendment. S. 1 is all about transparency. Most clerk will call the roll. The assistant legislative clerk pro- Having introduced it, called it up, I of the debate has been about trans- ceeded to call the roll. now ask unanimous consent that this parency, getting more information out. Mr. DEMINT. Madam President, I ask amendment be set aside. The more information we get out, the unanimous consent that the order for The PRESIDING OFFICER. Without better prepared we are within our ex- the quorum call be rescinded. objection, it is so ordered. isting procedures to deal with those of The PRESIDING OFFICER (Ms. KLO- Mr. LIEBERMAN. I thank the Chair. our Members who may or may not act BUCHAR). Without objection, it is so or- I yield the floor. as they should. dered. The PRESIDING OFFICER. The Sen- For all of those reasons, the Senate, Mr. DEMINT. Madam President, I ator from Utah. by a vote of 67 to 30, said: We are capa- would just like a few minutes to ad- Mr. BENNETT. Mr. President, I was ble under the present circumstances, dress the Senate. I have some deep con- not sure this would come up. I know it under the present rules, under the cerns about some things that are going has been an issue that has been dis- present structure, to deal effectively on. cussed. But in view of the vote on this with those Members who act inappro- I have been really encouraged since issue when we dealt with S. 1 in the priately. I would expect the vote would the new majority took over. We have previous Congress, I thought perhaps it be very close to the same this time. had some great bipartisan meetings, would not come up. Because in the pre- There is much more that can be said and we have talked about trying to cre- vious Congress, this was defeated 67 to and that has been said. But given the ate a new spirit of cooperation here in 30. While we have had some turnover in history of this, that is probably a suffi- the Senate and to work together. I the Senate, we haven’t had a sufficient cient statement on my part. think a lot of us have been trying to do turnover to obviate 67 votes. Even if I yield the floor. that, and it has been going reasonably every new Senator who has come would The PRESIDING OFFICER. The Sen- well. vote with the 30, that would probably ator from Connecticut. Today I had the opportunity to offer take them to 40 and is still not enough Mr. LIEBERMAN. Mr. President, I an amendment, an amendment that to pass. thank my friend from Utah. I was will contribute to the transparency of We had a vigorous debate about this thinking, there is much more that what we call earmarks or the favors in the previous Congress. I don’t need could be said and much that has been that sometimes lobbyists and Members to rehearse too many of the issues that said. Undoubtedly next week much work out where we put money in bills were discussed. Just for the record, the more will be said. The vote was 67 to 30 for specific things. We just wanted to Senate does have a record of dealing last time. Those of us who support this make that transparent and to include with its own Members. Under the Con- remain undaunted in our belief that we all earmarks, not just a few. stitution, it is the Senate that is can improve the process. The process of We had a good debate. I have to charged with punishing its Members ethics and ethical adjudications has admit it was the most fun I have had for misconduct. And the Senate has been, with all respect, more problem- since I have been in the Senate. I was done that historically and sometimes atic in the other body of the Congress, given 45 minutes of time before the courageously. but we have an opportunity here, as we vote at 2 o’clock, and Senator COBURN Interestingly enough, the majority consider and I believe pass what will be came down to speak on my behalf. Sen- has dealt with Members of the major- landmark legislation with regard to ator DURBIN asked me to yield, and I ity. Senator Packwood, who was a val- the attempt of this great legislative gave him all the time he wanted. I even ued Member of this body, chairman of body to set the highest standards of yielded the last 2 minutes and gave the Senate Finance Committee, one of conduct for itself and those who inter- him the last word. We had a good de- the most prestigious positions a Sen- act with us, to also complete the mis- bate about it. ator can hold, the master of his craft— sion while we are doing so by raising The majority had decided to try to I don’t know of many Senators who the independence of the enforcement table that amendment so we wouldn’t knew the finances of this country any process, still leaving the Senate Ethics have a vote, so the motion was to table better than Senator Packwood—en- Committee, composed of Senators, the DeMint amendment. We had a good gaged in activity which the Ethics with the final judgment on what should vote. It is always exciting to see how Committee unanimously decided was happen in every case. votes come in. When they held up the inappropriate. Our current Republican First, about the vote last year, I sup- final sheet, 51 had voted not to table leader, Senator MCCONNELL, was at the pose the most general response I would the amendment and 46 had voted to time the chairman of the Ethics Com- offer is that hope springs eternal and table it. It wasn’t a partisan vote. It mittee and recognized that the removal the power of reason of our arguments wasn’t party line at all. That is what of Senator Packwood would undoubt- will touch some of our colleagues. Sec- was kind of unusual. edly, as it did, result in the shift of a ondly, we do have some new Members Again, I think the spirit of what we seat from the Republican side to the who are very focused on this legisla- have been trying to do is not just to

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S435 look at the party but to look at the think it will speak well for the Senate Vitter Warner Whitehouse issue. I think a lot of folks decided that that we are willing to shine the light of Voinovich Webb Wyden if we are going to have disclosure of day onto all of our earmarks so the NAYS—6 earmarks, let’s have disclosure of all of American people can see it. Coburn Ensign McCain them, and this one happens to take it So, Madam President, I thank you DeMint Lott Shelby from 5 percent to 100. for the opportunity to speak, and I NOT VOTING—4 But I would like to thank some of my yield the floor. Brownback Inouye colleagues, my Democratic colleagues Mr. DEMINT. Madam President, I Dodd Johnson who thought about this amendment, note the absence of a quorum. The motion was agreed to. who listened to the debate, including The PRESIDING OFFICER. The The PRESIDING OFFICER. With the Senator LANDRIEU and Senator KERRY, clerk will call the roll. addition of Senators voting who did Senator CANTWELL, Senator WEBB, Sen- The legislative clerk proceeded to not answer the quorum call, a quorum ator TESTER, Senator HARKIN, Senator call the roll. is now present. FEINGOLD, Senator OBAMA, and my Mr. REID. Mr. President, I ask unan- The majority leader is recognized. good friend Senator LIEBERMAN, who imous consent the order for the AMENDMENT NO. 11 took the time to listen to the debate quorum call be rescinded. Mr. REID. Mr. President, these are and decided that this shouldn’t be ta- Mr. DEMINT. I object. the times when some of us who have bled, that we should have a vote on it. The PRESIDING OFFICER. The served in the House yearn for the Normally what happens in the Cham- clerk will continue to call the roll. House procedures. But we are in the ber—in fact, I have never seen it done The legislative clerk resumed the Senate. We live by the Senate proce- any other way—is if a motion to table call of the roll and the following Sen- dures, and we have to work our way fails, then the majority would accept ators entered the Chamber and an- through this. the amendment as a voice vote because swered to their names. Everyone keep in mind, the under- the will of the Senate has spoken and a [Quorum No. 2 Leg.] lying legislation that is bipartisan in majority have expressed their support nature, sponsored by the Democratic of that amendment. DeMint Klobuchar Durbin Reid, and Republican leaders, is good legisla- But something happened on the way tion. It is a significant step forward to to civility and camaraderie here today. The PRESIDING OFFICER. A anything that has happened in this Instead of the normal procedure of the quorum is not present. The majority country since Watergate: ethics re- majority conceding that Republicans leader is recognized. form, lobbying reform, earmark re- and Democrats wanted to pass this Mr. REID. I move to instruct the Ser- form—a very sound piece of legislation. amendment, they did not agree when I geant at Arms to request the attend- I am going to be patient and listen to asked that the amendment be accepted. ance of absent Senators. I ask for the what others have to say. I do not know They objected. Now I am told that yeas and nays. exactly, but I think we have 12 amend- after a lot of backroom work, they The PRESIDING OFFICER. Is there a ments that are pending, maybe 13, and want to bring the amendment back to sufficient second? we are going to try to work our way the floor, and apparently they have There is a sufficient second. through those. convinced some of my colleagues to The question is on agreeing to the I have told my friend Senator change their votes. I have to say, I motion. The clerk will call the roll. DEMINT that I know his heart is in the know when I was in the House, I saw The legislative clerk called the roll. right place. He believes in what he is my party guilty of that, after a Medi- Mr. DURBIN. I announce that the doing. But this amendment he has of- care vote being open 3 hours and arm- Senator from Connecticut (Mr. DODD), fered is going to take a little more twisting and all kinds of carrying on. the Senator from Hawaii (Mr. INOUYE), time. I think we all decided after the last and the Senator from South Dakota Everyone should understand that the election that maybe the American peo- (Mr. JOHNSON) are necessarily absent. DeMint amendment strikes the defini- ple didn’t want us to do business that Mr. LOTT. The following Senator tion of ‘‘earmark’’ in the underlying way. I think the will of the Senate has was necessarily absent: the Senator Reid-McConnell substitute and re- spoken on this amendment, and I think from Kansas (Mr. BROWNBACK). places it with language that is basi- the issue is bigger than on my par- The PRESIDING OFFICER (Mr. cally the House-passed definition. ticular amendment; it is, if we are I am happy to see the House doing SANDERS). Are there any other Sen- going to have ethics reform, let’s be ators in the Chamber desiring to vote? their 100 hours and moving things ethical about the process of voting on The result was announced—yeas 90, along very quickly. I admire and re- this reform. We had a good, open, and nays 6, as follows: spect that. But having served in that honest debate. body, I know how quickly they can The amendment is simple and clear. [Rollcall Vote No. 7 Leg.] move things and, frankly, sometimes It is actually NANCY PELOSI’s amend- YEAS—90 how much thoughtful consideration ment from the House side which has Akaka Dole Martinez goes into matters that are on that been vetted and voted on and discussed. Alexander Domenici McCaskill Allard Dorgan McConnell House floor. I am aware there is some misinforma- Baucus Durbin Menendez With this matter Senator DEMINT is tion now going on about the amend- Bayh Enzi Mikulski trying to change, a lot of time went ment, but I would just encourage my Bennett Feingold Murkowski into this—a lot of time—weeks of staff Biden Feinstein Murray colleagues—I would encourage my Re- Bingaman Graham Nelson (FL) working so that Senator MCCONNELL publican colleagues because some of Bond Grassley Nelson (NE) and I could agree to offer something in them voted against this—even if they Boxer Gregg Obama a bipartisan fashion. don’t like the amendment, let’s sup- Brown Hagel Pryor The earmark provision is good. It is Bunning Harkin Reed port the idea of just following normal Burr Hatch Reid in the underlying bill. If we have an op- courtesies here in the Senate. Byrd Hutchison Roberts portunity to vote on the DeMint I have often heard, since I came from Cantwell Inhofe Rockefeller amendment, I hope it is rejected be- the House side, that the Senate is a Cardin Isakson Salazar cause the definition that Reid-McCon- Carper Kennedy Sanders much different place, that we are civil, Casey Kerry Schumer nell has is very much preferable to we respect each other’s rights. I am Chambliss Klobuchar Sessions what Senator DEMINT is trying to do afraid a lot of that is slipping away Clinton Kohl Smith with the ‘‘earmark’’ definition. Cochran Kyl Snowe here. I would just like to make an ap- Coleman Landrieu Specter I repeat, the underlying legislation peal today that my colleagues accept Collins Lautenberg Stabenow that deals with earmarks was very this amendment. The will of the Senate Conrad Leahy Stevens carefully vetted by—and I repeat— has spoken. It obviously can be worked Corker Levin Sununu weeks of work by our respective staffs. Cornyn Lieberman Tester on and improved in conference. The Craig Lincoln Thomas And it is stronger in various ways than majority will control the conference. I Crapo Lugar Thune DeMint.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S436 CONGRESSIONAL RECORD — SENATE January 11, 2007 The underlying Senate definition of The House can change its rules at was in the House when the Medicare ‘‘earmark’’ was included in last year’s will, and they do. We cannot. The Sen- bill would not pass, the Medicare Part ethics bill. We have refined and defined ate is a continuing body. Our rules are D, and we kept the vote open for 3 it a little better now. The relevant permanent. It takes 67 votes to change hours twisting arms, changing minds committees worked with us on a bipar- a Senate rule. So when we write a Sen- until the Republicans got what they tisan basis. We added language to the ate rule, we write it in concrete. wanted. I had hoped the Senate would underlying section dealing with ear- Earmark disclosure will be a major be different. Our rules are different. We marks that passed 90 to 8 last year. change in the way the Senate works. can’t hold the vote open that long. But First, we added language to address We should adopt the Reid-McConnell by using tabling and then bringing it the Duke Cunningham situation. Con- version rather than the House version back up, as we are doing now, we are gressman Cunningham wrote his ear- in the DeMint amendment. doing exactly the same thing. marks without actually naming the If we need to revisit the issue later, I will take exception to the House specific defense contractors he in- we can do that. I would appeal to my and NANCY PELOSI not taking the time tended to receive Federal contracts. friend from South Carolina. I repeat: I to work this through. I think anyone And he never mentioned the defense know you are doing this because you who looks at the language will see that contractors, but there is only one de- think it is the right thing to do. But the Senate version only deals with 5 fense contractor in the world that met take the opportunity to look at what is out of 100, 5 percent of the earmarks his specific definition of that legisla- here. It is better than the House that we pass. We have a chart from last tion. Under DeMint that would not version—so much better. year, when there were 12,800 earmarks. have to be listed. I have only touched upon why it is Under the Senate provision, only about Under the new definition in the Reid- better than the House version. And, 500 would be included. The public is not McConnell substitute, a Member can- frankly, as we all know, we are going going to believe that we are disclosing not evade the disclosure requirement to have to do some work in conference. earmarks. So if we are going to dis- by clever drafting. They cannot do If the House version is what we send close earmarks, let’s disclose them all. that. An earmark is present if the enti- over there, there is no way in the world The House did have the good sense, ty to receive Federal support is named to improve this. after seeing what that did to the eth- or if it is ‘‘described in such a manner So I would say to my friend: Let’s ical appearance of the House, when the that only one entity would qualify.’’ take another look at this. Do we need Medicare bill was held open for 3 hours Second, the substitute includes an to vote on this? I hope not. This should until the majority got what it wanted, improved definition of ‘‘targeted tax not be a partisan issue. This bill is not to have in their ethics rules that you benefit.’’ Under the DeMint definition, meant to be partisan. That is why we cannot—I will just read the rule. It a tax benefit would only qualify as an worked so hard. One of the hardest pro- says: Clause 2(a) of rule 20 is amended earmark if it benefited ‘‘10 or fewer visions staff had to work on to get by inserting after the second sentence beneficiaries.’’ But that leaves open MCCONNELL and me to agree was this the following sentence: A record vote the possibility of drafting mischief. earmark provision. Senator MCCON- by electronic device shall not be held And what kind of mischief could you NELL and I are members of the Appro- open for the sole purpose of reversing draft? For example, someone could eas- priations Committee—well, I used to be the outcome of such vote. ily write a provision for 11 or 15 or 50 for 20 years. I know the appropriations They know what that does to the ap- beneficiaries to evade the definition. process very well. I think, with all due pearance and the culture of the House. The Reid-McConnell definition says a respect, the DeMint amendment will We didn’t hold the vote open, but it has tax earmark is anything which ‘‘has weaken the earmark provision. Let’s been less time than was held open for the practical effect of providing more see what we come up with with the un- that Medicare vote, and we are back favorable tax treatment to a limited derlying amendment that REID and here revoting something after some group of taxpayers when compared MCCONNELL submitted to the Senate. arms have been twisted. If that is the with similarly situated taxpayers.’’ Mr. President, I suggest the absence culture we want in the Senate, I think This subjective standard will capture of a quorum. we should stop saying that we have a more earmarks, by far, than the rigid The PRESIDING OFFICER. The higher culture than the House. DeMint definition—this ‘‘10 or fewer clerk will call the roll. I believe Speaker PELOSI is sincere in beneficiaries.’’ The assistant legislative clerk pro- wanting to disclose what we are doing Actually, the Reid-McConnell defini- ceeded to call the roll. so the American people will know how tion is based on the definition of ‘‘tar- Mr. DEMINT. Mr. President, I ask we are spending their money. This is geted tax benefit.’’ Where did we come unanimous consent that the order for not a careless amendment. It is some- up with this? Senator JUDD GREGG, in the quorum call be rescinded. thing that has been done with a lot of his line-item veto bill. That is where The PRESIDING OFFICER. Is there thought. We won this vote fair and we got that. I do not like the line-item objection? square. It is going to happen to all of veto bill, but I like his definition of Without objection, it is so ordered. you. If this is how you want fellow ‘‘targeted tax benefit.’’ That is where The Senator from South Carolina is Members treated, if any amendment we we got that. I think Senator GREGG has recognized. offer can be tabled and if you win your found a sensible definition for this illu- Mr. DEMINT. Thank you, Mr. Presi- amendment, the majority can go off sive concept. dent. and twist some arms and change some Third, the Reid-McConnell substitute Mr. President, I see that the major- minds and we can have another vote, if requires Members to certify they have ity leader was discussing this bill. that is how we are going to do business, no personal financial stake in the ear- While I have a number of Members sit- then I think it is time the American mark. This seems to be a commonsense ting here, if I could respond to the ma- people know it, and we might as well requirement that was not in the under- jority leader. I very much appreciate set this whole ethics bill aside because lying bill. We added that to it. his consideration. I appreciate what it is all pretense anyway. It is important that the Senate rules happened today. We had a good debate. I appreciate the opportunity to have be amended slowly and with careful bi- Some of you listened. We had a good a few people sitting here listening, but partisan deliberation. My friend, the vote on the motion to table, and we I can assure you that this amendment distinguished Senator from North won that vote. will improve this bill, and it will im- Carolina—South Carolina—north, As any of you know, if you have ever prove the perception of this Senate if south; they are close together—the dis- been through the process of trying to we pass it. tinguished Senator from South Caro- get an amendment up and trying to de- I thank the Chair. lina has said this is exactly like the velop the support you need, to win a Mrs. HUTCHISON. Will the Senator House provision. I say to my friend vote like that, it is a good day in the yield? that is one of the problems I have with Senate. Mr. DEMINT. I yield. it because I, frankly, do not think they I am afraid it is starting to feel a lit- Mrs. HUTCHISON. I wanted to ask spent the time we have on this. tle like the House. I remember when I the Senator from South Carolina, what

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S437 is the difference in his amendment limit earmarks. It doesn’t change any- that an individual registered to lobby under from the underlying bill, and how does thing except it defines them in a way the Federal Lobbying Disclosure Act shall it improve the transparency we are all that is open and honest. not attend the event; and seeking? Mrs. HUTCHISON. I thank the Sen- ‘‘(C)(i) the Member, officer, or employee participates in the event as a speaker or a Mr. DEMINT. I thank the Senator. I ator for the explanation. I think it is panel participant, by presenting information welcome any input into this amend- an excellent amendment. I thank him related to Congress or matters before Con- ment. We have adopted the exact lan- for bringing it to the floor. gress, or by performing a ceremonial func- guage that Speaker PELOSI insisted on Mr. REID. I couldn’t hear the Sen- tion appropriate to the Member’s, officer’s, just for the definition of ‘‘earmarks.’’ ator. I am sorry. What did the Senator or employee’s official position; or The most important part to remember say? ‘‘(ii) attendance at the event is appropriate is, in the Senate bill, no matter what Mr. DEMINT. I yield the floor and to the performance of the official duties or we do with transparency, it only ap- suggest the absence of a quorum. representative function of the Member, offi- plies to 5 percent of the earmarks. It The PRESIDING OFFICER. The cer, or employee. ‘‘(2) A Member, officer, or employee who doesn’t apply to Federal earmarks, the clerk will call the roll. attends an event described in clause (1) may type of earmarks that got Duke The assistant legislative clerk pro- accept a sponsor’s unsolicited offer of free Cunningham in trouble. Those need to ceeded to call the roll. attendance at the event for an accompanying be disclosed. It doesn’t apply to report Mrs. FEINSTEIN. Mr. President, I individual if others in attendance will gen- language in conference reports which ask unanimous consent that the order erally be similarly accompanied or if such include 95 percent of all the earmarks for the quorum call be rescinded. attendance is appropriate to assist in the we do. So there is no way for the media The PRESIDING OFFICER. Without representation of the Senate. or the public to look in on what we do, objection, it is so ordered. ‘‘(3) For purposes of this paragraph, the term ‘free attendance’ has the same meaning regardless of how we try to do trans- AMENDMENT NO. 38 TO AMENDMENT NO. 3 as in subparagraph (d). parency on that 5 percent and say that Mrs. FEINSTEIN. Mr. President, is ‘‘(4) The Select Committee on Ethics shall we are doing anything to make this there an amendment pending? issue guidelines within 60 days after the en- place more transparent. That is the The PRESIDING OFFICER. Yes, actment of this subparagraph on deter- main difference. there is. mining the definition of the term ‘bona fide We can get into the tax provisions. Mrs. FEINSTEIN. I ask unanimous constituent’.’’. We used the definition the House did, consent that the amendment be set Mrs. FEINSTEIN. Mr. President, this but we do include tax-based earmarks aside. amendment on behalf of Senator BEN- or tariff-based earmarks. Again, in con- The PRESIDING OFFICER. Without NETT and myself speaks to a problem ference, we have the opportunity to objection, it is so ordered. that we see with this bill. And that is work together and change it. But if we Mrs. FEINSTEIN. I send an amend- when you meet with a very small group defeat this bill with misinformation ment to the desk on behalf of the rank- of people, say, 10 or less, bona fide con- right now and it doesn’t go to con- ing member and myself. stituents, no lobbyists present, and you ference as part of the mix, the public is The PRESIDING OFFICER. The have a sandwich or there is a lunch, going to know from day one that this clerk will report. somebody puts food in front of you, idea of being open and transparent is The legislative clerk read as follows: maybe you eat two bites of it, maybe just a scam. If we are going to do it, The Senator from California [Mrs. FEIN- you don’t eat any of it, maybe you eat let’s do it to all the earmarks, and then STEIN], for herself and Mr. BENNETT, proposes all of it—we all know we have been let’s discuss what the best way is to do an amendment numbered 38 to amendment through that—you are illegal unless it. No. 3. there is some provision that you can Mrs. HUTCHISON. Would the Sen- Mrs. FEINSTEIN. I ask unanimous accept the lunch. ator say that the earmarks that are consent that reading of the amendment How many times have I gone to a covered in his amendment would in- be dispensed with. speaking engagement, got involved, clude an earmark to a Federal agency The PRESIDING OFFICER. Without something is put in front of me. I don’t as well as an earmark for a private uni- objection, it is so ordered. touch it or maybe I touch it or maybe versity or some other private entity? Is The amendment is as follows: something is offered to me, maybe I eat that what he is saying, that he wanted (Purpose: To permit attendance of meetings one of it, maybe I eat two of it. It is to cover all the earmarks whether they with bona fide constituents) hard to tell. With respect to these are a specific earmark for a particular At the appropriate place, insert the fol- small, bona fide constituent events, city and an agency such as the Corps of lowing: one should be able to accept the meal, Engineers, a specific water project in a SEC. ll. FREE ATTENDANCE AT A BONA FIDE if one chooses, as long as the value of city? You just want that earmark to be CONSTITUENT EVENT. the meal is under $50. It seems to me known, who the sponsor is, just as if it (a) IN GENERAL.—Paragraph 1(c) of rule that this is a reasonable amendment. were an earmark for funding for health XXXV of the Senate Rules is amended by The lobbyist is excluded, cannot be research at a university; is that cor- adding at the end the following: present. It is a bona fide constituent rect? ‘‘(24) Subject to the restrictions in sub- paragraph (a)(2), free attendance at a bona event. You can go to them at a Mem- Mr. DEMINT. The Senator has it fide constituent event permitted pursuant to ber’s home. It can be a coffee. It can be right. We are not saying whether ear- subparagraph (h).’’. a dinner. They happen all the time. I marks are good or bad. We are not say- (b) IN GENERAL.—Paragraph 1 of rule candidly see nothing wrong with it. ing that we have some and not others. XXXV of the Senate Rules is amended by Sometimes you have events where All we are saying is that earmarks are adding at the end the following: people bring little amounts of food that designated spending. Whether it be ‘‘(h)(1) A Member, officer or, employee may are shared. To put a pricetag on all of Federal, non-Federal, or report lan- accept an offer of free attendance at a con- this, to have to decide whether it is de vention, conference, symposium, forum, guage, it should be disclosed in the minimis or not, whether it is equal to same way. This chart shows the num- panel discussion, dinner event, site visit, viewing, reception, or similar event, pro- a baseball cap or a cup of coffee is ex- ber of earmarks in the 2006 budget of vided by a sponsor of the event, if— traordinarily difficult in the real world 12,852. The Senate bill would apply to ‘‘(A) the cost of any meal provided does not where we operate. That is the purpose only 534 of those. So if we are going to exceed $50; of this amendment. have disclosure of earmarks—and that ‘‘(B)(i) the event is sponsored by bona fide I yield to the ranking member. is up to the Senate to decide—if we are constituents of, or a group that consists pri- The PRESIDING OFFICER. The Sen- going to say we are going to have dis- marily of bona fide constituents of, the ator from Utah. closure, I think we need to include the Member (or the Member by whom the officer Mr. BENNETT. Mr. President, I 12,318 that we don’t want to tell people or employee is employed); and thank the chairwoman for her consid- ‘‘(ii) the event will be attended by a group about. People will not believe we are of at least 5 bona fide constituents or indi- eration of this. As I pointed out in my transparent. I think that is what both viduals employed by bona fide constituents opening statement when we got to con- sides of the aisle want. That is the only of the Member (or the Member by whom the sideration of this bill, virtually every thing this amendment does; it doesn’t officer or employee is employed) provided American has an association with an

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S438 CONGRESSIONAL RECORD — SENATE January 11, 2007 entity that employs a lobbyist. If you The Senator from Utah [Mr. BENNETT] pro- ‘‘(b) OMB COORDINATION.—The Office of go to the rotary club, there is a lob- poses an amendment numbered 20 to amend- Management and Budget shall develop by byist for the rotary club here in Wash- ment No. 3. regulation 1 standardized form for the an- ington. If you go to the Girl Scouts, The amendment is as follows: nual report that shall be accepted by every Federal entity, and a uniform procedure by (Purpose: To strike a provision relating to the Girl Scouts have a lobbyist in which each entity is assigned 1 permanent paid efforts to stimulate grassroots lob- Washington. If you go to the PTA, they and unique entity identification number. bying) have a lobbyist here in Washington. A ‘‘(c) WEBSITE.—Any information received bill that says you can’t accept any- Strike section 220 of the amendment (relat- under this section shall be available on the thing from any institution or corpora- ing to disclosure of paid efforts to stimulate website established under section 2(b). grassroots lobbying). tion or organization that has a lobbyist ‘‘(d) DEFINITIONS.—In this section: means that if the Girl Scouts come by The PRESIDING OFFICER. The Sen- ‘‘(1) POLITICAL ADVOCACY.—The term ‘polit- ator from South Dakota. ical advocacy’ includes— and give you some cookies and you eat ‘‘(A) carrying on propaganda, or otherwise AMENDMENT NO. 37 TO AMENDMENT NO. 3 those cookies in the presence of the attempting to influence legislation or agen- Girl Scouts who are there, you have Mr. THUNE. Mr. President, I ask cy action, including, but not limited to mon- violated the law. You have taken some- unanimous consent that the pending etary or in-kind contributions, endorse- thing, taken a gift from someone who amendment be set aside and that ments, publicity, or similar activity; is connected to an organization that amendment No. 37 be called up. ‘‘(B) participating or intervening in (in- employs a lobbyist. And the chairman The PRESIDING OFFICER. Without cluding the publishing or distributing of heard what I had to say on this. We objection, it is so ordered. The clerk statements) any political campaign on be- half of (or in opposition to) any candidate for worked on it together. We have been will report. The assistant legislative clerk read public office, including but not limited to working on it for the past couple of as follows: monetary or in-kind contributions, endorse- days and came up with a commonsense ments, publicity, or similar activity; solution that removes the concern The Senator from South Dakota [Mr. ‘‘(C) participating in any judicial litigation THUNE] proposes an amendment numbered 37 or agency proceeding (including as an ami- about this situation. I salute her and to amendment No. 3. thank her for the way in which she has cus curiae) in which agents or instrumental- Mr. THUNE. Mr. President, I ask worked with me. We have something on ities of Federal, State, or local governments unanimous consent that the reading of are parties, other than litigation in which which we both agree. We understand it the amendment be dispensed with. the entity or award applicant— is fairly widely accepted throughout The PRESIDING OFFICER. Without ‘‘(i) is a defendant appearing in its own be- the body. I am more than happy to act objection, it is so ordered. half; as a cosponsor to this amendment and The amendment is as follows: ‘‘(ii) is defending its tax-exempt status; or hope the Senate will adopt it. ‘‘(iii) is challenging a government decision (Purpose: To require any recipient of a Fed- or action directed specifically at the powers, Mrs. FEINSTEIN. Mr. President, I eral award to disclose all lobbying and po- rights, or duties of that entity or award ap- misspoke. The way we have this draft- litical advocacy) ed, it is at least 5—I think I said 10—it plicant; and At the appropriate place, insert the fol- ‘‘(D) allocating, disbursing, or contributing is at least 5 constituents. I hope that is lowing: any funds or in-kind support to any indi- not a problem for anyone. SEC. ll. DISCLOSURE OF POLITICAL ADVOCACY vidual, entity, or organization whose expend- I thank the ranking member. It has BY THE RECIPIENT OF ANY FED- itures for political advocacy for the previous been a pleasure to work with him. I ERAL AWARD. Federal fiscal year exceeded 15 percent of its The Federal Funding Accountability and total expenditures for that Federal fiscal think we both feel similarly about this. Transparency Act of 2006 (Public Law 109– year. This issue of what you accept at a meal 282) is amended by adding at the end the fol- ‘‘(2) ENTITY AND FEDERAL AWARD.—The is a difficult issue, dependent upon lowing: where you are and where you are lo- terms ‘entity’ and ‘Federal award’ shall have ‘‘SEC. 5. DISCLOSURE OF POLITICAL ADVOCACY the same meaning as in section 2(a).’’. cated. I think this is fair, in view of the BY THE RECIPIENT OF ANY FED- nature of events covering all States, ERAL AWARD. Mr. THUNE. Mr. President, I wish to low cost of living, rural and urban ‘‘(a) IN GENERAL.—Not later than Decem- speak briefly to this amendment before ber 31 of each year, an entity that receives States. So it is at least five bona fide asking that it be set aside. any Federal award shall provide to each Fed- Currently, Federal grant recipients constituents—that is a member of the eral entity that awarded or administered its are generally prohibited from using State, not a professional lobbyist, al- grant an annual report for the prior Federal their Federal grant funds to lobby Con- though a professional lobbyist can also fiscal year, certified by the entity’s chief ex- gress or to influence legislation or ap- be a constituent. For the purpose of ecutive officer or equivalent person of au- propriations. Current law also gen- this bill, they are excluded. I hope this thority, and setting forth— erally prohibits 501(c)(4) civic leagues will be agreed to. I know there are ‘‘(1) the entity’s name; and social welfare organizations from some Members who want to look at ‘‘(2) the entity’s identification number; and ‘‘(3)(A) a statement that the entity did not all lobbying activities, even with their this. It is at the desk. I urge them to engage in political advocacy; or own funds, if they receive a Federal come down right away and look at it ‘‘(B) a statement that the entity did en- grant, loan or award. But these prohi- because we would like to voice vote it. gage in political advocacy, and setting forth bitions do not prevent Federal grant I suggest the absence of a quorum. for each award— recipients from lobbying or engaging in The PRESIDING OFFICER. The ‘‘(i) the award identification number; political advocacy. Most Federal grant clerk will call the roll. ‘‘(ii) the amount or value of the award (in- recipients are free to use other parts of The assistant legislative clerk pro- cluding all administrative and overhead costs awarded); their budget, beyond their Federal ceeded to call the roll. ‘‘(iii) a brief description of the purpose or grant, for lobbying or political advo- Mr. BENNETT. Mr. President, I ask purposes for which the award was awarded; cacy. Even 501(c)(4) organizations unanimous consent that the order for ‘‘(iv) the identity of each Federal, State, whose prohibitions are more stringent the quorum call be rescinded. and local government entity awarding or ad- can simply incorporate an affiliated or- ministering the award and program there- The PRESIDING OFFICER. Without ganization to engage in lobbying ac- objection, it is so ordered. under; ‘‘(v) the name and entity identification tivities or political advocacy. AMENDMENT NO. 20 TO AMENDMENT NO. 3 number of each individual, entity, or organi- While the appropriateness of Federal Mr. BENNETT. Mr. President, I ask zation to whom the entity made an award; grant recipients engaging in any lob- unanimous consent that the pending and bying or political advocacy, even with amendment be set aside and that ‘‘(vi) a brief description of the entity’s po- their own funds, could be debated, the amendment No. 20 be called up and litical advocacy, and a good faith estimate of least we should ask these Federal grant that it be set aside. the entity’s expenditures on political advo- recipients is that they disclose their The PRESIDING OFFICER. Without cacy, including a list of any lobbyist reg- lobbying and political advocacy activi- istered under the Lobbying Disclosure Act of objection, it is so ordered. The clerk 1995, foreign agent, or employee of a lobbying ties. Federal grant recipients who are will report. firm or foreign agent employed by the entity engaging in lobbying should register The assistant legislative clerk read to conduct such advocacy and amounts paid under the current public disclosure re- as follows: to each lobbyist or foreign agent. quirements for lobbyists. The public

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S439 should also have a right to know if re- The PRESIDING OFFICER. Without didate for election to the office of President cipients of Federal grants are engaging objection, it is so ordered. or Vice President), any flight taken by the candidate (other than a flight designated to in political advocacy and to what ex- AMENDMENT NO. 40 TO AMENDMENT NO. 3 tent. transport the President, Vice President, or a Mr. STEVENS. Mr. President, I ask candidate for election to the office of Presi- In the wake of last year’s trans- that the pending amendment be set dent or Vice President) during the reporting parency legislation, information on aside, and I have an amendment to period on an aircraft that is not licensed by Federal grants and their recipients will offer. the Federal Aviation Administration to op- soon be on a publicly available and The PRESIDING OFFICER. Without erate for compensation or hire, together searchable database. This amendment objection, it is so ordered. The clerk with the following information: builds on that concept by requiring will report. ‘‘(A) The date of the flight. Federal grant recipients to disclose The assistant legislative clerk read ‘‘(B) The destination of the flight. any and all political advocacy activi- ‘‘(C) The owner or lessee of the aircraft. as follows: ‘‘(D) The purpose of the flight. ties. The amendment would also re- The Senator from Alaska [Mr. STEVENS] ‘‘(E) The persons on the flight, except for quire a good-faith estimate of the proposes an amendment numbered 40 to any person flying the aircraft.’’. grantee’s expenditures on political ad- amendment No. 3. (C) PUBLIC AVAILABILITY.—Paragraph 2(e) vocacy. Mr. STEVENS. Mr. President, I ask of rule XXXV of the Standing Rules of the This, in my view, is a fairly straight- unanimous consent that the reading of Senate is amended to read as follows: forward amendment that adds to the the amendment be dispensed with. I in- ‘‘(e) The Secretary of the Senate shall make available to the public all disclosures transparency of organizations that en- tend to explain it at a later date. There gage in political advocacy and lobbying filed pursuant to subparagraphs (f) and (g) as may be a technical change I have to soon as possible after they are received and and I think sheds further light on the make to this amendment. such matters shall be posted on the Mem- whole process of getting involved in The PRESIDING OFFICER. Without ber’s official website but no later than 30 Federal issues by organizations that objection, it is so ordered. days after the trip or flight.’’. actually are receiving Federal funding. The amendment is as follows: Mr. STEVENS. Mr. President, I sug- I believe that is something the Amer- (Purpose: To permit a limited flight gest the absence of a quorum. ican people would like to see happen. exception for necessary State travel) The PRESIDING OFFICER (Mr. The Transparency Act that was On page 8, line 14, after ‘‘entity’’ insert ‘‘or BROWN). The clerk will call the roll. passed last year, as I said earlier, will by a Member of Congress, Member’s spouse The assistant legislative clerk pro- bring about disclosure of those organi- or an immediate family member of either’’. ceeded to call the roll. zations. They will have to now disclose, On page 10, after line 5, insert the fol- Mr. VITTER. Mr. President, I ask those who receive Federal funds. lowing: unanimous consent that the order for All this amendment does is take that (4) LIMITED FLIGHT EXCEPTION.—Paragraph the quorum call be rescinded. 1 of rule XXXV of the Standing Rules of the a step further and say that those orga- Senate is amended by adding at the end the The PRESIDING OFFICER. Without nizations that receive Federal funds following: objection, it is so ordered. need to disclose if they are engaging in ‘‘(h) For purposes of subparagraph (c)(1) Mr. VITTER. Mr. President, I stand a form of political advocacy and to and rule XXXVIII, if there is not more than to use this opportunity to again focus what extent—in other words, how much 1 regularly scheduled flight daily from a us on what I think is a very significant money are they spending on those point in a Member’s State to another point issue in this ongoing ethics and lob- types of activities. within that Member’s State, the Select Com- byist debate, and that is the unfortu- The definition of ‘‘political advo- mittee on Ethics may provide a waiver to nate practice, in my opinion, and the the requirements in subparagraph (c)(1) (ex- very clear and huge opportunity for cacy’’ in the amendment is pretty cept in those cases where regular air service straightforward, but it has to do with: is not available between 2 cities) if— abuse that exists when spouses of sit- (A) carrying on propaganda, or otherwise ‘‘(1) there is no appearance of or actual ting Members, Senate or House, are attempting to influence legislation or agen- conflict of interest; and lobbyists and act as lobbyists. cy action, including, but not limited to mon- ‘‘(2) the Member has the trip approved by Now, the underlying bill and the un- etary or in-kind contributions, endorse- the committee at a rate determined by the derlying substitute, as we all know, ments, publicity, or similar activity; committee. have a prohibition on this issue, and it (B) participating or intervening in (includ- In determining rates under clause (2), the simply says in that case the spouse lob- ing the publishing or distributing of state- committee may consider Ethics Committee byist can’t directly lobby the Member ments) any political campaign on behalf of Interpretive Ruling 412.’’. he or she is married to, and that is (or in opposition to) any candidate for public (5) DISCLOSURE.— office, including but not limited to monetary (A) RULES.—Paragraph 2 of rule XXXV of good. I hope we all agree with that. I or in-kind contributions, endorsements, pub- the Standing Rules of the Senate is amended hope that is a no-brainer, an absolute licity, or similar, activity; by adding at the end the following: minimum we would all agree to. (C) participating in any judicial litigation ‘‘(g) A Member, officer, or employee of the I have an amendment on which I look or agency proceeding (including as an ami- Senate shall— forward to voting in the very near fu- cus curiae) in which agents or instrumental- ‘‘(1) disclose a flight on an aircraft that is ture. It is amendment No. 9. That ities of Federal, State, or local governments not licensed by the Federal Aviation Admin- would broaden that in a way that I istration to operate for compensation or are parties, other than litigation in which think is absolutely necessary. That the entity or award applicant— hire, excluding a flight on an aircraft owned, (i) is defendant appearing in its own behalf; operated, or leased by a governmental enti- would simply be a broadening to say (ii) is defending its tax-exempt status; or ty, taken in connection with the duties of that a spouse cannot lobby any Mem- iii) is challenging a government decision or the Member, officer, or employee as an of- ber of Congress, House or Senate. I action directed specifically at the powers, ficeholder or Senate officer or employee; and think that is necessary if we are going rights, or duties of that entity or award ap- ‘‘(2) with respect to the flight, file a report to get real, if we are going to get seri- plicant. . . . with the Secretary of the Senate, including ous in this ethics and lobbying debate, This is a fairly straightforward the date, destination, and owner or lessee of and if this bill is going to be a mean- amendment. I am simply trying to the aircraft, the purpose of the trip, and the persons on the trip, except for any person ingful attempt to right grievous shine additional light on this process. flying the aircraft. wrongs we have seen, including in the It is in line with the thinking behind This subparagraph shall apply to flights ap- last couple of years. this underlying bill; that is, bringing proved under paragraph 1(h).’’. The Presiding Officer came from the greater transparency, greater account- (B) FECA.—Section 304(b) of the Federal House of Representatives, as did I. Un- ability to the process of lobbying and Election Campaign Act of 1971 (2 U.S.C. fortunately, as we know, there have the whole exercise that we undertake 434(b)) is amended— been these abuses. Really, the abuses around here and outside organizations (i) by striking ‘‘and’’ at the end of para- fall into two categories; there are not undertake in trying to influence Fed- graph (7); just one but two real dangers we are (ii) by striking the period at the end of eral legislation and Federal issues. paragraph (8) and inserting ‘‘; and’’; and talking about. One is that a lobbyist Mr. President, I yield the floor, and I (iii) by adding at the end the following: who is married to a sitting Member ask unanimous consent that the ‘‘(9) in the case of a principal campaign clearly has unusual access to other amendment be set aside. committee of a candidate (other than a can- Members of Congress—forget about his

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S440 CONGRESSIONAL RECORD — SENATE January 11, 2007 or her spouse but to other Members. stand the sentiment: get rid of that ex- At the appropriate place, insert the fol- You can’t tell me if a lobbyist is going ception. But in an abundance of trying lowing: in to see a Member and he happens to to meet reasonable questions, reason- SEC. ll. FREE ATTENDANCE AT A BONA FIDE be married, say, to a female Member able objections, I included that excep- CONSTITUENT EVENT. who is chair of a committee on which (a) IN GENERAL.—Paragraph 1(c) of rule tion. XXXV of the Senate Rules is amended by that other Member sits, that doesn’t I urge all of my colleagues, Democrat adding at the end the following: cross the other Member’s mind. You and Republican, to take a hard look ‘‘(24) Subject to the restrictions in sub- can’t tell me that is not part of the and then to vote for the amendment paragraph (a)(2), free attendance at a bona equation; that is not part of the back- because this goes to the heart of what fide constituent event permitted pursuant to drop on that lobbying relationship. we are talking about. This has been a subparagraph (h).’’. Clearly, that spouse lobbyist is going real abuse. It is subject to continuing (b) IN GENERAL.—Paragraph 1 of rule to have extraordinary, unusual access abuse. If we do not address it, this ex- XXXV of the Senate Rules is amended by to all Members, or many Members, not ercise, frankly, is not going to have adding at the end the following: ‘‘(h)(1) A Member, officer, or employee may simply the Member to whom he or she much credibility in the eyes of the is married. accept an offer of free attendance in the American people. If we do not address Member’s home state at a convention, con- Of course, there are all sorts of social it, we are not going to be doing enough ference, symposium, forum, panel discussion, occasions where we get together, as we to restore the confidence of the Amer- dinner event, site visit, viewing, reception, should, as families, with spouses. So ican people in this institution and the or similar event, provided by a sponsor of the there is that very real issue. But there institution across the Rotunda, the event, if— is a second very real issue which, in my House of Representatives. ‘‘(A) the cost of meals provided the Mem- opinion, is even more serious and more This has to be at the center of our de- ber officer or employee does not exceed $50; pernicious and that is the clear oppor- bate, and I look forward to continuing ‘‘(B)(i) the event is sponsored by bona fide constituents of, or a group that consists pri- tunity for moneyed interests, special the debate. I will be happy to answer interests, to write checks directly into marily of bona fide constituents of, the any objections or questions and con- Member (or the Member by whom the officer the family bank account of a Member tinue that debate in the next day or or employee is employed); and through the lobbyist spouse. two and look forward to a vote on this ‘‘(ii) the event will be attended primarily I wish I could stand here and say that very central amendment. I will specifi- by a group of at least 5 bona fide constitu- this was a hypothetical. I wish I could cally talk to the majority leader about ents of the Member (or the Member by whom stand here and say that this was a solu- a vote. He has not responded yet. Cer- the officer or employee is employed) pro- tion searching for a problem in the real tainly, I cannot imagine a reasonable, vided that an individual registered to lobby world. I can’t. This has happened. This under the Federal Lobbying Disclosure Act fair debate on this question of ethics shall not attend the event; and does happen. There have been cases, in- and lobbying and yet we do not at least cluding in the House, that have been in ‘‘(C)(i) the Member, officer, or employee vote on this issue of spouses lobbying the press in the last year or two where participates in the event as a speaker or a Congress. Of course, I hope we vote the panel participant, by presenting information this does happen, and spouses are mak- right way and forbid it. related to Congress or matters before Con- ing big salaries from interests that Mr. President, I look forward to the gress, or by performing a ceremonial func- have very important matters before continuation of this discussion and the tion appropriate to the Member’s, officer’s, Congress and before the Member to vote and I yield the floor. or employee’s official position; or whom that lobbyist spouse is married. Mrs. FEINSTEIN. Mr. President, I ‘‘(ii) attendance at the event is appropriate to the performance of the official duties or This is not theoretical. This is not a suggest the absence of a quorum. solution looking for a problem. This is representative function of the Member, offi- The PRESIDING OFFICER. The cer, or employee. real and this is real abuse. It is simply clerk will call the roll. a bribe by another name because it is a ‘‘(2) A Member, officer, or employee who The assistant legislative clerk pro- attends an event described in clause (1) may conduit to send significant amounts of ceeded to call the roll. accept a sponsor’s unsolicited offer of free money to the family bank account— Mrs. FEINSTEIN. Mr. President, I attendance at the event for an accompanying the same family bank account that the ask unanimous consent that the order individual if others in attendance will gen- Member, of course, lives on and relies for the quorum call be rescinded. erally be similarly accompanied or if such on and enjoys. The PRESIDING OFFICER. Without attendance is appropriate to assist in the I think this is a very serious issue. objection, it is so ordered. representation of the Senate. Clearly, if we are bringing up a bill Mrs. FEINSTEIN. Mr. President, I ‘‘(3) For purposes of this paragraph, the that is about two things, ethics and announce that there will be no more term ‘free attendance’ has the same meaning as in subparagraph (d).’’ lobbying, you can’t ignore this issue. rollcall votes tonight. However, I cau- This issue is right in the middle of it. tion Members, there will be possibly Mrs. FEINSTEIN. Mr. President, I It is all about lobbying. It is all about two rollcall votes, certainly one, to- believe both sides are in agreement ethics. It is all about both of those morrow morning. No more rollcall with the modification. things, that this whole debate is about. votes tonight. We are prepared to voice vote the Let me point out that in my amend- I suggest the absence of a quorum. amendment. ment I do include an exception. I think The PRESIDING OFFICER. The The PRESIDING OFFICER. The it is a fair exception. I can make an ar- clerk will call the roll. question is on agreeing to the amend- gument to have no exceptions, and I The assistant legislative clerk pro- ment. was tempted to do that. I wanted to ceeded to call the roll. The amendment (No. 38), as modified, bend over backwards to be fair and Mrs. FEINSTEIN. Mr. President, I was agreed to. meet any legitimate questions out ask unanimous consent that the order Mr. BENNETT. Mr. President, I move there. There is an exception if the for the quorum call be rescinded. to reconsider the vote. spouse lobbyist was a lobbyist a year The PRESIDING OFFICER. Without Mrs. FEINSTEIN. I move to lay that or more before the marriage happened, objection, it is so ordered. motion on the table. and/or before the Member’s first elec- AMENDMENT NO. 38, AS MODIFIED The motion to lay on the table was tion to Congress happened. In that sit- Mrs. FEINSTEIN. Mr. President, I agreed to. uation, I think what it would mean is ask that amendment No. 38 be the Mrs. FEINSTEIN. Mr. President, I that this spouse had a real, bona fide pending business. wish to clarify that this exception ap- career and was doing this and built up The PRESIDING OFFICER. The plies only when there are at least five that practice, way before the marriage amendment is now pending. constituents attending the event with relationship ever happened or the rep- Mrs. FEINSTEIN. Mr. President, I a Member and at least half of the group resentation relationship—membership have a modification at the desk, and I in attendance are constituents. in the House or Senate—ever happened. ask the amendment be modified. Thank you very much. I think that legitimately is a different The PRESIDING OFFICER. The Mr. President, I suggest the absence situation than the others. amendment will be so modified. of a quorum. Again, I can make the argument for The amendment (No. 38), as modified, The PRESIDING OFFICER. The no exceptions. I can certainly under- is as follows: clerk will call the roll.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S441 The assistant legislative clerk pro- colleagues at that time to deal with solve one of the most contentious ceeded to call the roll. the concerns raised by Senator VITTER. issues of our time: immigration. As Mrs. FEINSTEIN. Mr. President, I Mrs. FEINSTEIN. Mr. President, I many of our colleagues know, while a ask unanimous consent that the order suggest the absence of a quorum. number of border enforcement meas- for the quorum call be rescinded. The PRESIDING OFFICER. The ures were enacted, we did not complete The PRESIDING OFFICER. Without clerk will call the roll. all the critical elements of a com- objection, it is so ordered. The legislative clerk proceeded to prehensive strategy on immigration re- AMENDMENT NO. 42 TO AMENDMENT NO. 3 call the roll. form. Mrs. FEINSTEIN. Mr. President, I Mr. REID. Mr. President, I ask unan- Yesterday, I joined with Senators send an amendment to the desk on be- imous consent that the order for the FEINSTEIN, KENNEDY, MARTINEZ, VOINO- VICH, and BOXER in reintroducing legis- half of Senator ROCKEFELLER and Sen- quorum call be rescinded. lation to address a very important ator FEINSTEIN. The PRESIDING OFFICER. Without piece of that unfinished business: the The PRESIDING OFFICER. Without objection, it is so ordered. establishment of a workable, secure, objection, the pending amendment is f effective temporary worker program to laid aside. match willing foreign workers with The clerk will report the amendment. MORNING BUSINESS jobs that Americans are unwilling or The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- imous consent that the Senate now unable to perform. as follows: Our legislation is specific to U.S. ag- proceed to a period of morning busi- The Senator from California [Mrs. FEIN- riculture because this economic sector, ness, with Senators allowed to speak STEIN], for herself and Mr. ROCKEFELLER, pro- more than any other, has become de- poses an amendment numbered 42 to amend- therein for up to 10 minutes each. pendent for its existence on the labor ment No. 3. The PRESIDING OFFICER. Without of immigrants who are here without Mrs. FEINSTEIN. Mr. President, I objection, it is so ordered. legal documentation. The only pro- ask unanimous consent that reading of f gram currently in place to respond to a the amendment be dispensed with. HONORING OUR ARMED FORCES lack of legal domestic agricultural The PRESIDING OFFICER. Without workers, the H–2A guest worker pro- objection, it is so ordered. CORPORAL JASON DUNHAM gram, is profoundly broken. Outside of The amendment is as follows: Mrs. CLINTON. Mr. President, I rise H–2A, farm employers have no effec- (Purpose: To prohibit an earmark from being today to recognize the honorable and tive, reliable assurance that their em- included in the classified portion of a re- heroic actions demonstrated by the ployees are legal. port accompanying a measure unless the late Marine Cpl Jason Dunham of Scio, The bill we reintroduced is called measure includes a general program de- NY. AgJOBS—the Agricultural Job Oppor- scription, funding level, and the name of tunity, Benefits, and Security Act. the sponsor of that earmark) Today, the President of the United States presented the Medal of Honor, This bill was part of the comprehensive On page 7, after line 6, insert the following: immigration legislation passed last ‘‘4. It shall not be in order to consider any the Nation’s highest decoration for bill, resolution, or conference report that combat heroism, to the family of Cpl year by the Senate. Today’s version in- contains an earmark included in any classi- Jason Dunham during a ceremony in corporates a few language changes that fied portion of a report accompanying the the White House. update, but do not substantively measure unless the bill, resolution, or con- Cpl Jason Dunham was 22 years old amend, that measure. ference report includes, in unclassified lan- in mid-April of 2004 and serving in We are reintroducing AgJOBS to fix guage to the greatest extent possible, a gen- Husaybah, Iraq. An Iraqi terrorist at- the serious flaws that plague our coun- eral program description, funding level, and tacked Dunham, and Dunham selflessly try’s current agricultural labor sys- the name of the sponsor of that earmark.’’. acted to shield his squad members from tem. Agriculture has unique workforce Mrs. FEINSTEIN. Mr. President, a a hand grenade blast. The blast se- needs because of the special nature of brief explanation, and then I wish to verely wounded Dunham and he was its products and production, and our set aside the amendment. But essen- flown to Bethesda Naval Hospital out- bill addresses those needs. tially what this amendment does is side of Washington, DC where he died Our bill offers a thoughtful, thor- very simple. It relates to classified ear- April 22, 2004. ough, two-step solution. On a one-time marks and simply says: Corporal Dunham is the first marine basis, experienced, trusted workers It shall not be in order to consider any bill, to earn the Medal of Honor in more with a significant work history in resolution, or conference report that con- than 30 years and one of only two U.S. American agriculture would be allowed tains an earmark included in any classified service members to be awarded the to stay here legally and earn adjust- portion of a report accompanying the meas- medal since the wars in Afghanistan ment to legal status. For workers and ure unless the bill, resolution, or conference growers using the H–2A legal guest report includes, in unclassified language, to and Iraq began. Corporal Dunham’s actions in Iraq worker program, that program would the greatest extent possible, a general pro- be overhauled and made more stream- gram description, funding level, and the were truly humbling and worthy of the lined, practical, and secure. name of the sponsor of that earmark. greatest honor. This medal is a fitting This legislation has been tested and Mr. President, I ask unanimous con- tribute to a true hero who made the ul- examined for years in the Senate and sent that this amendment be set aside. timate sacrifice on behalf of his Nation House of Representatives, and it re- The PRESIDING OFFICER. Without and the marines with whom he proudly mains the best alternative for resolv- objection, it is so ordered. served. ing urgent problems in our agriculture Mrs. CLINTON. Mr. President, yes- I was honored to have sponsored the that require immediate attention. That terday evening I voted to table an legislation last year to designate the is why AgJOBS has been endorsed by a amendment that would have prohibited U.S. Postal Service facility located at historic, broad-based coalition of more authorized committees and leadership 4422 West Sciota Street in Scio, NY, as than 400 national, State, and local or- PACs from employing the spouse or im- the ‘‘Corporal Jason L. Dunham Post ganizations, including farmworkers, mediate family members of any can- Office’’. growers, the general business commu- didate or Federal officeholder con- Today, as their son is honored as the nity, Latino and immigration issue nected to the committee. I appreciate incredible hero that he was, I send my groups, taxpayer groups, other public the concerns raised by Senator VITTER thoughts and prayers to Corporal interest organizations, State directors regarding allegations of abuse in this Dunham’s family and to all the brave of agriculture, and religious groups. area, and believe action should be men and women of our Armed Forces. We all want and need a stable, pre- taken when the Senate Rules Com- f dictable, legal workforce in American mittee undertakes comprehensive cam- agriculture. Willing American workers paign finance reform later this year. I AGJOBS deserve a system that puts them first look forward to working with Chair- Mr. CRAIG. Mr. President, the last in line for available jobs with fair mar- woman FEINSTEIN and the rest of my Congress worked long and hard to re- ket wages. All workers should receive

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S442 CONGRESSIONAL RECORD — SENATE January 11, 2007 decent treatment and protection of Balancing his time as a husband and ginia Livermore, and their five chil- fundamental legal rights. Consumers father of two, Colonel Hewitt returned dren. My thoughts and prayers go out deserve a safe, stable, domestic food to the United States where among to them as they struggle with the supply. American citizens and tax- other leadership assignments, he death of a man they loved dearly. payers deserve secure borders and a served as a school instructor and team Norman B. ‘‘Ike’’ Livermore, Jr. was government that works. leader at the U.S. Army Ordnance Mis- a successful businessman with a pro- AgJOBS would serve all these goals. sile and Munitions School at Redstone found appreciation for his surroundings Last year, we saw millions of dollars’ Arsenal, AL. After joining the Joint and a passion for environmental advo- worth of produce rot in the fields for Munitions Command as a commander cacy. The son of an engineer and an en- lack of workers. We are beginning to of installations in Oklahoma and Iowa, vironmental activist, he learned at an hear talk of farms moving out of the Colonel Hewitt’s ascension through the early age to infuse a respect for the country, moving to the foreign work- military ranks culminated in Sep- bottom-line with a deeply held rev- force. All Americans face the danger of tember 2005, with his promotion as erence for the sanctity of nature. losing more and more of our safe, do- Chief of Staff, a position of great re- Throughout his life, Mr. Livermore mestic food supply to imports. sponsibility to the welfare and security would use this remarkable ability to Time is running out for American ag- of our country. form an environmentally conscious vi- riculture, farmworkers, and consumers. Colonel Hewitt’s military awards and sion of the future that appealed to What was a problem years ago is a cri- decorations are numerous, for they in- Californians of all ideological persua- sis today and will be a catastrophe if clude the Defense Meritorious Service sions. we do not act immediately. I urge my Medal, the Army Meritorious Service colleagues to demonstrate their sup- Medal with three Oak Leaf Clusters, As a youth, Mr. Livermore spent port for U.S. agriculture by cospon- the Joint Service Commendation countless hours exploring the Sierra soring the Agricultural Job Oppor- Medal, the Army Commendation Medal Nevada, beginning a love affair with tunity, Benefits, and Security Act— with Oak Leaf Cluster, and the Army the mountains that would guide him AgJOBS 2007—and by helping us pass Achievement Medal with Oak Leaf along his path in life. Strong and ath- this critical legislation as soon as pos- Cluster. letic, at age 15 he rode 200 miles on sible. Today, as he retires from the armed horseback and climbed the Grand f services, Colonel Hewitt deserves the Teton in tennis shoes. Mr. Livermore highest of praise for his endless con- would continue to display a robust RETIREMENT OF COLONEL JYUJI vigor and zeal for life in early adult- D. HEWITT tributions to the military and the United States of America. His dedica- hood, representing our nation as a Ms. SNOWE. Mr. President, I rise tion and service is not only an asset to baseball player in the 1936 Olympics today to honor a Maine native and our Nation but serves as an inspiration and serving with great distinction and member of the U.S. Army who has to all Americans who know the price of honor in the U.S. Navy during World served our country for nearly 30 years freedom. Our Nation owes him a tre- War II. with both honor and distinction. On mendous amount of gratitude, and I ex- Before and after the war, Mr. Liver- this day of his retirement, COL Jyuji tend Colonel Hewitt my personal thank more operated an outfitting business D. Hewitt will leave his post as Chief of you for his service. that took people into the Sierra. He Staff of the U.S. Army Joint Munitions f ran the business for 20 years, during Command, where he has worked stead- which time he crossed all 50 Sierra fastly to ensure that our military serv- ADDITIONAL STATEMENTS passes over 10,000 feet. Mr. Livermore’s ices maintain the logistics and re- outstanding business sense and inti- sources necessary to complete their mate knowledge of the Sierra and the missions and protect our country from RECOGNITION OF ANN R. TRZUSKOWSKI northern woods of California made him the gravest of threats. a valuable asset to a wide array of Known by his fellow comrades as a ∑ Mr. BIDEN. Mr. President, today I groups seeking to shape the future of man of candor and respect, Colonel wish to briefly honor a friend of mine the state. He was an active member of Hewitt has amassed an impressive list of many years who recently reached a the Sierra Club starting in the 1930s of accolades and accomplishments milestone in her golf game that many and later, in the 1950s and 1960s, he throughout his career, which has taken of us strive a lifetime for without suc- served as treasurer of the Pacific Lum- him all over the world, to Germany, cess. Ann F. Trzuskowski celebrated ber Company. Korea, and Japan. However, his jour- the Thanksgiving weekend by achiev- ney began in his home State: at the ing something that neither her hus- With self-effacing modesty, he once University of Maine-Orono. Shortly band Fran nor I ever have: a hole in referred to himself as a living con- after graduating in 1978 with a bachelor one. The lucky club was a 7 wood, tradiction, but it was evident for ev- of science in chemistry, Colonel Hewitt striking the ball the perfect 93 yards eryone to see that all Mr. Livermore’s earned his commission as an officer into the eighth hole of Ford’s Colony actions were firmly rooted in a com- through the ROTC Program. He then Williamsburg’s Marsh Hawk Course. mitment to preserving the environ- went on to earn a master’s degree in Golf is the sort of game that draws you ment he encountered in his youth. His systems management from the Florida in with promises of grace and then tor- capacity to understand and engage the Institute of Technology, a master of ments you with its difficulty. I con- concerns of the industrialist and the sciences in physics from the University gratulate my friend on defying the golf environmentalist is what enabled him of New Hampshire, and a master’s de- gods with a single shot.∑ to be one of the most effective con- servationists in California history. gree in strategic studies from the U.S. f Army College. Recognizing Mr. Livermore’s extraor- Following his education, Colonel IN MEMORIAM: NORMAN dinary ability and the high regard in Hewitt went on to fully utilize his ex- LIVERMORE, JR. which he was universally held, Gov- pansive knowledge of science and mili- ∑ Mrs. BOXER. Mr. President, today I ernor Ronald Reagan tapped him to tary affairs by serving overseas as a offer a few words in observance of the serve as Secretary for Resources in nuclear policy officer, as well as pro- passing of Norman Livermore, Jr., a 1967. gram manager of the Defense Special man who dedicated his life to the pres- While serving on Governor Reagan’s Weapons Agency and Army Material ervation of beauty in the natural world Cabinet, Mr. Livermore played an in- Command liaison officer. Those whom and left us a magnificent legacy of pro- dispensable role preserving the state he worked with appreciated his strin- tected natural resources throughout we know and love today. California is gent managerial style, which often re- the State of California. filled with testaments to his incredible flected both his personality and his I extend my deepest sympathy and achievement. The Redwood National acute understanding of business man- most sincere condolences to Mr. Liver- Park is a product of Mr. Livermore’s agement. more’s family, especially his wife, Vir- efforts to protect the forest and the

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S443 jobs of lumberjacks by arranging an ex- It is only fitting that the Outland MEASURES READ THE FIRST TIME change of federally owned land for pri- Trophy is awarded in Nebraska, as the The following bill was read the first vate plots that included the most mag- University of Nebraska Cornhuskers time: nificent old growth trees. lead the Nation with seven Outland With similar resolve and resourceful- H.R. 3. An act to amend the Public Health Trophy winners, while three other Service Act to provide for human embryonic ness, Mr. Livermore successfully led Huskers have been named runners up. stem cell research. the campaign to preserve the Eel This year, we congratulate Wisconsin f River. The Army Corps of Engineers offensive tackle Joe Thomas, who at 6 and the state Department of Water Re- feet, 8 inches, 315 pounds, becomes the ENROLLED BILL PRESENTED sources were supporting the construc- first Badger to earn the honor. Mr. The Secretary of the Senate reported tion of the Dos Rios Dam on the middle Thomas led the Badgers’ offense to av- that on today, January 11, 2007, she had fork of the Eel River in an effort to erage 30.3 points per game as the team presented to the President of the minimize the risk of flooding to areas compiled a 12-to-1 record. Congratula- United States the following enrolled downstream. The proposed dam would tions as well to Bill Fischer, the 1948 bill: have flooded the Round Valley, home Outland Trophy winner at offensive to the Yuki, a Native American Tribe S. 159. An act to redesignate the White guard for the University of Notre Dame Rocks National Recreation Area in the State that had lived in the valley for 9,000 and a member of the national cham- of Vermont as the ‘‘Robert T. Stafford White years. Arguing that the dam would pionship-winning Fighting Irish teams Rocks National Recreation Area’’. have traded ‘‘permanent destruction’’ of 1946 and 1947. Mr. Fisher will receive f for ‘‘occasional protection’’, Mr. Liver- an authentic Outland Trophy to re- more fought vigorously against the EXECUTIVE AND OTHER place his plaque in a long-overdue COMMUNICATIONS proposal and arranged a meeting be- award ceremony. tween Governor Reagan and members Tonight the State of Nebraska is The following communications were of the Yuki tribe. The meeting had honored to welcome these men, to- laid before the Senate, together with such a profound impact on the gov- gether with other past winners, in what accompanying papers, reports, and doc- ernor that he withdrew his support for is sure to be another prestigious uments, and were referred as indicated: the project, saving the Round Valley evening for the giants of college foot- EC–257. A communication from the Prin- and preserving the natural state of the ball. ∑ cipal Deputy Associate Administrator, Office middle fork of the Eel River. of Policy, Economics and Innovation, Envi- Mr. Livermore combined well-rea- f ronmental Protection Agency, transmitting, soned arguments with emotionally pursuant to law, the report of a rule entitled compelling appeals to win the hearts MESSAGES FROM THE PRESIDENT ‘‘Beauveria Bassiana HF23; Exemption from and minds of those inside and outside Messages from the President of the the Requirement of a Tolerance’’ (FRL No. the conservation movement. He recog- United States were communicated to 8108–4) received on January 10, 2007; to the nized that we all care deeply about the Senate by Ms. Evans, one of his Committee on Agriculture, Nutrition, and that which we are familiar and that ef- Forestry. secretaries. EC–258. A communication from the Con- fective advocacy depends on one’s abil- f gressional Review Coordinator, Animal and ity to draw connections between expe- Plant Health Inspection Service, Department riences. He is known by many as ‘‘Rea- EXECUTIVE MESSAGES REFERRED of Agriculture, transmitting, pursuant to gan’s environmental conscience’’, but As in executive session the Presiding law, the report of a rule entitled ‘‘Mediterra- his impact on our State is not confined nean Fruit Fly; Remove Portions of Los An- Officer laid before the Senate messages to the policy of one administration. geles, San Bernardino, and Santa Clara from the President of the United Mr. Livermore’s legacy is in the beauty Counties, CA, From the List of Quarantined States submitting sundry nominations of our state and the joy and inspiration Areas’’ (Docket No. APHIS–2005–0116) re- which were referred to the appropriate ceived on January 10, 2007; to the Committee it invokes in 37 million Californians.∑ committees. on Agriculture, Nutrition, and Forestry. f (The nominations received today are EC–259. A communication from the Under IN RECOGNITION OF THE OUTLAND printed at the end of the Senate pro- Secretary of Defense (Policy), transmitting, TROPHY ceedings.) pursuant to law, a report relative to agree- ments made under the Cooperative Threat ∑ Mr. NELSON of Nebraska. Mr. f Reduction Program; to the Committee on President, today I wish to recognize Armed Services. the Greater Omaha Sports Committee, MESSAGE FROM THE HOUSE EC–260. A communication from the Under the Omaha World-Herald, and the At 4:17 p.m., a message from the Secretary of Defense (Acquisition, Tech- nology and Logistics), transmitting, pursu- Downtown Omaha Rotary, which to- House of Representatives, delivered by night will continue a long-running tra- ant to law, a review of the Assembled Chem- Mr. Hays, one of its reading clerks, an- ical Weapons Alternatives Program; to the dition in honoring college football’s nounced that the House has passed the Committee on Armed Services. top interior lineman. following bill, in which it requests the EC–261. A communication from the Chair- The Outland Trophy has been award- concurrence of the Senate: man and President of the Export-Import ed every year since 1946 by the Football H.R. 3. An act to amend the Public Health Bank of the United States, transmitting, Writers Association of America. It is Service Act to provide for human embryonic pursuant to law, a report relative to a trans- named after John Outland, who was an stem cell research. action involving exports to Kenya; to the All-American tackle at the University Committee on Banking, Housing, and Urban The message also announced that of Pennsylvania in 1897. Mr. Outland Affairs. pursuant to 22 U.S.C. 1928a, and the created the award in 1946 because he EC–262. A communication from the Assist- order of the House of January 4, 2007, believed his fellow linemen deserved ant Secretary, Office of Legislative Affairs, the Speaker appoints the following Department of State, transmitting, pursuant more recognition for their contribu- Member of the House of Representa- to law , a report relative to the national tions. Indeed, the game of football is tives to the United States Group of the emergency declared in Executive Order 12938 often won in the trenches, with the NATO Parliamentary Assembly: Mr. of November 14, 1994; to the Committee on most physically dominating linemen Banking, Housing, and Urban Affairs. TANNER of Tennessee, Chairman. deciding the game’s outcome. EC–263. A communication from the Assist- From 1946 to 1989, Outland winners f ant to the Board, Division of Consumer and received only a plaque, and there was Community Affairs, Board of Governors of no public ceremony to honor their re- MEASURES PLACED ON THE the Federal Reserve System, transmitting, markable achievements. That has since CALENDAR pursuant to law, the report of a rule entitled ‘‘Community Reinvestment Act’’ (Docket changed, thanks to the dedication of The following bill was read the sec- No. R–1273) received on January 10, 2007; to football supporters in Omaha, NE, who ond time, and placed on the calendar: the Committee on Banking, Housing, and not only prepared an impressive trophy H.R. 2. An act to amend the Fair Labor Urban Affairs. presentation but began an annual ban- Standards Act of 1938 to provide for an in- EC–264. A communication from the Assist- quet and public award ceremony. crease in the Federal minimum wage. ant to the Board, Legal Division, Board of

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S444 CONGRESSIONAL RECORD — SENATE January 11, 2007 Governors of the Federal Reserve System, ternal Revenue Service, Department of the 2007; to the Committee on Homeland Secu- transmitting, pursuant to law, the report of Treasury, transmitting, pursuant to law, the rity and Governmental Affairs. a rule entitled ‘‘Management Official Inter- report of a rule entitled ‘‘Modification of the EC–285. A communication from the Chair- locks’’ (Docket No. R–1272) received on Janu- Substantial Assistance Rules’’ (Notice 2007– man, Council of the District of Columbia, ary 10, 2007; to the Committee on Banking, 13) received on January 10, 2007; to the Com- transmitting, pursuant to law, a report on Housing, and Urban Affairs. mittee on Finance. D.C. Act 16–475, ‘‘Technical Amendments Act EC–265. A communication from the Assist- EC–274. A communication from the Chief of of 2006’’ received on January 10, 2007; to the ant Secretary of the Army (Civil Works), the Publications and Regulations Branch, In- Committee on Homeland Security and Gov- transmitting, pursuant to law, a report rel- ternal Revenue Service, Department of the ernmental Affairs. ative to the Secretary of the Army’s rec- Treasury, transmitting, pursuant to law, the EC–286. A communication from the Chair- ommendation of a flood damage reduction report of a rule entitled ‘‘Qualified Amended man, Council of the District of Columbia, project for the town of Bloomsburg, Colum- Returns’’ ((RIN1545–BD40)(TD 9309)) received transmitting, pursuant to law, a report on bia County, Pennsylvania; to the Committee on January 10, 2007; to the Committee on Fi- D.C. Act 16–474, ‘‘Emerging Technology Op- on Environment and Public Works. nance. portunity Development Task Force Act of EC–266. A communication from the Prin- EC–275. A communication from the Chair- 2006’’ received on January 10, 2007; to the cipal Deputy Associate Administrator, Office man, Council of the District of Columbia, Committee on Homeland Security and Gov- of Policy, Economics and Innovation, Envi- transmitting, pursuant to law, a report on ernmental Affairs. ronmental Protection Agency, transmitting, D.C. Act 16–502, ‘‘Crispus Attucks Park In- EC–287. A communication from the Chair- a report relative to a document on an Agen- demnification Act of 2006’’ received on Janu- man, Council of the District of Columbia, cy assessment of coastal health; to the Com- ary 10, 2007; to the Committee on Homeland transmitting, pursuant to law, a report on mittee on Environment and Public Works. Security and Governmental Affairs. D.C. Act 16–473, ‘‘Targeted Historic Preserva- EC–267. A communication from the Prin- EC–276. A communication from the Chair- tion Assistance Amendment Act of 2006’’ re- cipal Deputy Associate Administrator, Office man, Council of the District of Columbia, ceived on January 10, 2007; to the Committee of Policy, Economics and Innovation, Envi- transmitting, pursuant to law, a report on on Homeland Security and Governmental Af- ronmental Protection Agency, transmitting, D.C. Act 16–482, ‘‘Omnibus Public Safety fairs. pursuant to law, the report of a rule entitled Amendment Act of 2006’’ received on Janu- EC–288. A communication from the Chair- man, Council of the District of Columbia, ‘‘Approval and Promulgation of Air Quality ary 10, 2007; to the Committee on Homeland transmitting, pursuant to law, a report on Implementation Plans; Virginia; Identifica- Security and Governmental Affairs. tion of the Northern Virginia PM2.5 Non- EC–277. A communication from the Chair- D.C. Act 16–437, ‘‘People First Respectful Language Conforming Amendment Act of attainment Area’’ (FRL No. 8266–1) received man, Council of the District of Columbia, 2006’’ received on January 10, 2007; to the on January 10, 2007; to the Committee on En- transmitting, pursuant to law, a report on Committee on Homeland Security and Gov- vironment and Public Works. D.C. Act 16–523, ‘‘Digital Inclusion Act of ernmental Affairs. EC–268. A communication from the Prin- 2006’’ received on January 10, 2007; to the EC–289. A communication from the Chair- cipal Deputy Associate Administrator, Office Committee on Homeland Security and Gov- man, Council of the District of Columbia, of Policy, Economics and Innovation, Envi- ernmental Affairs. transmitting, pursuant to law, a report on ronmental Protection Agency, transmitting, EC–278. A communication from the Chair- D.C. Act 16–492, ‘‘Library Procurement pursuant to law, the report of a rule entitled man, Council of the District of Columbia, Amendment Act of 2006’’ received on Janu- ‘‘Approval and Promulgation of Plans for transmitting, pursuant to law, a report on ary 10, 2007; to the Committee on Homeland D.C. Act 16–507, ‘‘Neighborhood Investment Designated Facilities; New Jersey; Delega- Security and Governmental Affairs. tion of Authority’’ (FRL No. 8268–9) received Amendment Temporary Act of 2006’’ received EC–290. A communication from the Chair- on January 10, 2007; to the Committee on En- on January 10, 2007; to the Committee on man, Council of the District of Columbia, vironment and Public Works. Homeland Security and Governmental Af- transmitting, pursuant to law, a report on EC–269. A communication from the Prin- fairs. D.C. Act 16–489, ‘‘Metro Bus Funding Re- cipal Deputy Associate Administrator, Office EC–279. A communication from the Chair- quirement Temporary Amendment Act of of Policy, Economics and Innovation, Envi- man, Council of the District of Columbia, 2006’’ received on January 10, 2007; to the ronmental Protection Agency, transmitting, transmitting, pursuant to law, a report on Committee on Homeland Security and Gov- pursuant to law, the report of a rule entitled D.C. Act 16–506, ‘‘Deed Transfer and Recorda- ernmental Affairs. ‘‘Approval and Promulgation of Air Quality tion Clarification Temporary Amendment EC–291. A communication from the Chair- Implementation Plans; Maryland; Control of Act of 2006’’ received on January 10, 2007; to man, Council of the District of Columbia, Volatile Organic Compounds from Medical the Committee on Homeland Security and transmitting, pursuant to law, a report on Device Manufacturing’’ (FRL No. 8267–7) re- Governmental Affairs. D.C. Act 16–488, ‘‘Anti-Drunk Driving Clari- ceived on January 10, 2007; to the Committee EC–280. A communication from the Chair- fication Amendment Act of 2006’’ received on on Environment and Public Works. man, Council of the District of Columbia, January 10, 2007; to the Committee on Home- EC–270. A communication from the Prin- transmitting, pursuant to law, a report on land Security and Governmental Affairs. cipal Deputy Associate Administrator, Office D.C. Act 16–505, ‘‘Uniform Disclaimers of EC–292. A communication from the Chair- of Policy, Economics and Innovation, Envi- Property Interests Revision Act of 2006’’ re- man, Council of the District of Columbia, ronmental Protection Agency, transmitting, ceived on January 10, 2007; to the Committee transmitting, pursuant to law, a report on pursuant to law, the report of a rule entitled on Homeland Security and Governmental Af- D.C. Act 16–486, ‘‘Health-Care Decisions for ‘‘Determination of Attainment, Approval fairs. Persons with Developmental Disabilities and Promulgation of Implementation Plans EC–281. A communication from the Chair- Temporary Amendment Act of 2006’’ received and Designation of Areas for Air Quality man, Council of the District of Columbia, on January 10, 2007; to the Committee on Planning Purposes; Indiana; Redesignation transmitting, pursuant to law, a report on Homeland Security and Governmental Af- of the Allen County 8-Hour Ozone Nonattain- D.C. Act 16–508, ‘‘July Local Supplemental fairs. ment Area to Attainment’’ (FRL No. 8267–9) Other Type Appropriations Approval Tem- EC–293. A communication from the Chair- received on January 10, 2007; to the Com- porary Act of 2006’’ received on January 10, man, Council of the District of Columbia, mittee on Environment and Public Works. 2007; to the Committee on Homeland Secu- transmitting, pursuant to law, a report on EC–271. A communication from the Prin- rity and Governmental Affairs. D.C. Act 16–485, ‘‘Child and Family Services cipal Deputy Associate Administrator, Office EC–282. A communication from the Chair- Grant-making Temporary Amendment Act of Policy, Economics and Innovation, Envi- man, Council of the District of Columbia, of 2006’’ received on January 10, 2007; to the ronmental Protection Agency, transmitting, transmitting, pursuant to law, a report on Committee on Homeland Security and Gov- pursuant to law, the report of a rule entitled D.C. Act 16–509, ‘‘Anti-Tagging and Anti- ernmental Affairs. ‘‘Revisions to the California State Imple- Vandalism Amendment Act of 2006’’ received EC–294. A communication from the Chair- mentation Plan, South Coast Air Quality on January 10, 2007; to the Committee on man, Council of the District of Columbia, Management District and Ventura County Homeland Security and Governmental Af- transmitting, pursuant to law, a report on Air Pollution Control District’’ (FRL No. fairs. D.C. Act 16–476, ‘‘Fiscal Year 2007 Budget 8261–3) received on January 10, 2007; to the EC–283. A communication from the Chair- Support Act of 2006’’ received on January 10, Committee on Environment and Public man, Council of the District of Columbia, 2007; to the Committee on Homeland Secu- Works. transmitting, pursuant to law, a report on rity and Governmental Affairs. EC–272. A communication from the Chief of D.C. Act 16–504, ‘‘Domestic Violence Amend- EC–295. A communication from the Chair- the Publications and Regulations Branch, In- ment Act of 2006’’ received on January 10, man, Council of the District of Columbia, ternal Revenue Service, Department of the 2007; to the Committee on Homeland Secu- transmitting, pursuant to law, a report on Treasury, transmitting, pursuant to law, the rity and Governmental Affairs. D.C. Act 16–496, ‘‘Square 2910 Residential De- report of a rule entitled ‘‘January–March EC–284. A communication from the Chair- velopment Stimulus Temporary Act of 2006’’ 2007 Section 42 Bond Factor Amounts’’ (Rev. man, Council of the District of Columbia, received on January 10, 2007; to the Com- Rul. 2007–5) received on January 10, 2007; to transmitting, pursuant to law, a report on mittee on Homeland Security and Govern- the Committee on Finance. D.C. Act 16–503, ‘‘District of Columbia Pov- mental Affairs. EC–273. A communication from the Chief of erty Lawyer Loan Assistance Repayment EC–296. A communication from the Chair- the Publications and Regulations Branch, In- Program Act of 2006’’ received on January 10, man, Council of the District of Columbia,

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transmitting, pursuant to law, a report on ICI, Mr. DORGAN, Mr. KERRY, Mr. S. 269. A bill to amend the Internal Rev- D.C. Act 16–495, ‘‘Wisconsin Avenue Bridge LEAHY, Mr. LIEBERMAN, Mrs. LIN- enue Code of 1986 to increase and perma- Project and Noise Control Temporary COLN, Mr. LOTT, Ms. MURKOWSKI, Mr. nently extend the expensing of certain depre- Amendment Act of 2006’’ received on Janu- NELSON of Nebraska, Mr. REED, Mr. ciable business assets for small businesses; ary 10, 2007; to the Committee on Homeland ROCKEFELLER, Mr. SPECTER, and Mrs. to the Committee on Finance. Security and Governmental Affairs. DOLE): By Ms. SNOWE (for herself and Mrs. EC–297. A communication from the Chair- S. 259. A bill to authorize the establish- LINCOLN): man, Council of the District of Columbia, ment of the Henry Kuualoha Giugni Kupuna S. 270. A bill to permit startup partner- transmitting, pursuant to law, a report on Memorial Archives at the University of Ha- ships and S corporations to elect taxable D.C. Act 16–494, ‘‘Separation Pay, Term of waii; to the Committee on Health, Edu- years other than required years; to the Com- Office and Voluntary Retirement Modifica- cation, Labor, and Pensions. mittee on Finance. tions for Chief of Police Charles H. Ramsey By Mr. DOMENICI (for himself and Mr. By Ms. SNOWE (for herself, Mrs. LIN- Amendment Act of 2006’’ received on Janu- BINGAMAN): COLN, Mrs. HUTCHISON, and Mr. ary 10, 2007; to the Committee on Homeland S. 260. A bill to establish the Fort Stanton- KERRY): Security and Governmental Affairs. Snowy River Cave National Conservation S. 271. A bill to amend the Internal Rev- EC–298. A communication from the Chair- Area; to the Committee on Energy and Nat- enue Code of 1986 to provide a shorter recov- man, Council of the District of Columbia, ural Resources. ery period for the depreciation of certain im- transmitting, pursuant to law, a report on By Ms. CANTWELL (for herself, Mr. provements to retail space; to the Com- D.C. Act 16–493, ‘‘Health Insurance Coverage ENSIGN, Mr. SPECTER, Mr. DURBIN, mittee on Finance. for Habilitative Services for Children Act of Mr. ALLARD, Mr. VITTER, Mr. LEVIN, By Mr. COLEMAN: 2006’’ received on January 10, 2007; to the Ms. COLLINS, Mr. KYL, and Mrs. FEIN- S. 272. A bill to amend Public Law 87–383 to Committee on Homeland Security and Gov- STEIN): reauthorize appropriations to promote the S. 261. A bill to amend title 18, United ernmental Affairs. conservation of migratory waterfowl and to States Code, to strengthen prohibitions EC–299. A communication from the Federal offset or prevent the serious loss of impor- against animal fighting, and for other pur- Co-Chair, Appalachian Regional Commis- tant wetland and other waterfowl habitat es- poses; to the Committee on the Judiciary. sion, transmitting, pursuant to law, a report sential to the preservation of migratory wa- By Mr. CRAIG (for himself and Mr. relative to the Commission’s competitive terfowl, and for other purposes; to the Com- CRAPO): sourcing efforts for fiscal year 2006; to the mittee on Environment and Public Works. S. 262. A bill to rename the Snake River By Mr. SPECTER: Committee on Homeland Security and Gov- Birds of Prey National Conservation Area in ernmental Affairs. S. 273. A bill to amend part D of title XVIII the State of Idaho as the Morley Nelson of the Social Security Act to authorize the EC–300. A communication from the Direc- Snake River Birds of Prey National Con- Secretary of Health and Human Services to tor, Office of Personnel Management, trans- servation Area in honor of the late Morley negotiate for lower prices for Medicare pre- mitting, pursuant to law, the Semiannual Nelson, an international authority on birds scription drugs; to the Committee on Fi- Report of the Inspector General for the pe- of prey, who was instrumental in the estab- nance. riod of April 1, 2006 to September 30, 2006; to lishment of this National Conservation Area, By Mr. AKAKA (for himself, Ms. COL- the Committee on Homeland Security and and for other purposes; to the Committee on LINS, Mr. GRASSLEY, Mr. LEVIN, Mr. Governmental Affairs. Energy and Natural Resources . LIEBERMAN, Mr. LEAHY, Mr. VOINO- EC–301. A communication from the Sec- By Mr. SMITH (for himself and Mr. VICH, Mr. CARPER, Mr. DURBIN, Mr. retary of Housing and Urban Development, WYDEN): transmitting, pursuant to law, the Semi- S. 263. A bill to amend the Oregon Re- PRYOR, and Mr. LAUTENBERG): annual Report for the period from April 1, source Conservation Act of 1996 to reauthor- S. 274. A bill to amend chapter 23 of title 5, 2006 through September 30, 2006; to the Com- ize the participation of the Bureau of Rec- United States Code, to clarify the disclosures mittee on Homeland Security and Govern- lamation in the Deschutes River Conser- of information protected from prohibited mental Affairs. vancy, and for other purposes; to the Com- personnel practices, require a statement in EC–302. A communication from the Chair mittee on Energy and Natural Resources. nondisclosure policies, forms, and agree- of the Board of Directors, Office of Compli- By Mr. SMITH (for himself and Mr. ments that such policies, forms, and agree- ments conform with certain disclosure pro- ance, transmitting, pursuant to law, a report WYDEN): required by Section 102(b)(2) of the Congres- S. 264. A bill to authorize the Bureau of tections, provide certain authority for the sional Accountability Act of 1995; referred Reclamation to participate in the rehabilita- Special Counsel, and for other purposes; to jointly to the Committees on Rules and Ad- tion of the Wallowa Lake Dam in Oregon, the Committee on Homeland Security and ministration and Homeland Security and and for other purposes; to the Committee on Governmental Affairs. Governmental Affairs. Energy and Natural Resources. By Mr. BINGAMAN (for himself and Mr. DOMENICI): f By Mr. SMITH (for himself and Mr. WYDEN): S. 275. A bill to establish the Prehistoric INTRODUCTION OF BILLS AND S. 265. A bill to authorize the Secretary of Trackways National Monument in the State JOINT RESOLUTIONS the Interior, acting through the Bureau of of New Mexico; to the Committee on Energy Reclamation, to conduct a water resource and Natural Resources. The following bills and joint resolu- feasibility study for the Little Butte/Bear By Mrs. FEINSTEIN (for herself and tions were introduced, read the first Creek Subbasins in Oregon; to the Com- Mr. SESSIONS): and second times by unanimous con- mittee on Energy and Natural Resources. S. 276. A bill to strengthen the con- sent, and referred as indicated: By Mr. SMITH (for himself and Mr. sequences of the fraudulent use of United WYDEN): States or foreign passports and for other pur- By Mrs. FEINSTEIN (for herself, Mr. S. 266. A bill to provide for the modifica- poses; to the Committee on the Judiciary. GRAHAM, Mr. BIDEN, and Mr. ALEX- tion of an amendatory repayment contract f ANDER): between the Secretary of the Interior and S. 256. A bill to harmonize rate setting the North Unit Irrigation District, and for SUBMISSION OF CONCURRENT AND standards for copyright licenses under sec- other purposes; to the Committee on Energy SENATE RESOLUTIONS tion 112 and 114 of title 17, United States and Natural Resources. Code, and for other purposes; to the Com- The following concurrent resolutions By Mr. BINGAMAN (for himself, Mr. and Senate resolutions were read, and mittee on the Judiciary. SMITH, Mr. REID, Mr. FEINGOLD, Mrs. By Mr. SMITH (for himself, Mrs. MUR- FEINSTEIN, Mrs. BOXER, Mr. BAUCUS, referred (or acted upon), as indicated: RAY, Mr. WYDEN, and Ms. CANTWELL): Mrs. MURRAY, and Ms. CANTWELL): By Mrs. MURRAY: S. 257. A bill to direct the Secretary of the S. 267. A bill to amend the Omnibus Crime S. Res. 23. A resolution designating the Interior to conduct a study to determine the Control and Safe Streets Act of 1968 to clar- week of February 5 through February 9, 2007, feasibility of establishing the Columbia-Pa- ify that territories and Indian tribes are eli- as ‘‘National School Counseling Week’’; to cific National Heritage Area in the States of gible to receive grants for confronting the the Committee on the Judiciary. Washington and Oregon, and for other pur- use of methamphetamine; to the Committee By Mr. BIDEN (for himself and Ms. poses; to the Committee on Energy and Nat- on the Judiciary. COLLINS): ural Resources. By Ms. CANTWELL (for herself, Mr. S. Res. 24. A resolution designating Janu- By Mr. SUNUNU (for himself and Mr. CRAIG, Mr. WYDEN, and Mrs. MUR- ary 2007 as ‘‘National Stalking Awareness GREGG): RAY): Month’’; to the Committee on the Judiciary. S. 258. A bill to clarify provisions relating S. 268. A bill to designate the Ice Age By Mr. NELSON of Florida (for himself to statutory copyright licenses for satellite Floods National Geologic Trail, and for other and Mr. MARTINEZ): carriers; to the Committee on the Judiciary. purposes; to the Committee on Energy and S. Res. 25. A resolution congratulating the By Mr. AKAKA (for himself, Mr. Natural Resources. University of Florida football team for win- INOUYE, Mr. BYRD, Mr. REID, Mr. STE- By Ms. SNOWE (for herself, Mr. LOTT, ning the 2006 National Collegiate Athletic VENS, Mr. KENNEDY, Mr. COCHRAN, Mr. ISAKSON, Mr. CHAMBLISS, and Ms. Association Division I Football Champion- Mr. BIDEN, Mrs. CLINTON, Mr. DOMEN- COLLINS): ship; considered and agreed to.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S446 CONGRESSIONAL RECORD — SENATE January 11, 2007 By Mrs. DOLE (for herself and Mr. At the request of Mr. CONRAD, the At the request of Mr. BENNETT, the BURR): name of the Senator from California name of the Senator from Texas (Mr. S. Res. 26. A resolution commending the (Mrs. FEINSTEIN) was added as a co- CORNYN) was added as a cosponsor of Appalachian State University football team sponsor of S. 10, supra. amendment No. 20 proposed to S. 1, for winning the 2006 National Collegiate Ath- letic Association Division I–AA Football S. 21 supra. Championship; considered and agreed to. At the request of Mr. REID, the name f of the Senator from California (Mrs. f STATEMENTS ON INTRODUCED FEINSTEIN) was added as a cosponsor of BILLS AND JOINT RESOLUTIONS ADDITIONAL COSPONSORS S. 21, a bill to expand access to preven- S. 2 tive health care services that help re- By Mrs. FEINSTEIN (for herself, At the request of Mr. REID, the name duce unintended pregnancy, reduce Mr. GRAHAM, Mr. BIDEN, and of the Senator from Ohio (Mr. BROWN) abortions, and improve access to wom- Mr. ALEXANDER): was added as a cosponsor of S. 2, a bill en’s health care. S. 256. A bill to harmonize rate set- to amend the Fair Labor Standards Act S. 119 ting standards for copyright licenses of 1938 to provide for an increase in the At the request of Mr. LEAHY, the under section 112 and 114 of title 17, Federal minimum wage. name of the Senator from Maryland United States Code, and for other pur- poses; to the Committee on the Judici- S. 3 (Ms. MIKULSKI) was added as a cospon- ary. At the request of Mr. REID, the name sor of S. 119, a bill to prohibit profit- Mrs. FEINSTEIN. Mr. President, of the Senator from Ohio (Mr. BROWN) eering and fraud relating to military today I am pleased to introduce the was added as a cosponsor of S. 3, a bill action, relief, and reconstruction ef- Platform Equality and Remedies for to amend part D of title XVIII of the forts, and for other purposes. Rights-holders in Music Act along with Social Security Act to provide for fair S. 154 Senators GRAHAM, BIDEN, and ALEX- prescription drug prices for Medicare At the request of Mr. BUNNING, the name of the Senator from North Da- ANDER. beneficiaries. The need to protect creative works S. 4 kota (Mr. DORGAN) was added as a co- sponsor of S. 154, a bill to promote has been an important principle recog- At the request of Mr. REID, the name coal-to-liquid fuel activities. nized in our country since the time of the Senator from Ohio (Mr. BROWN) when our Constitution was first draft- S. 155 was added as a cosponsor of S. 4, a bill ed. At the request of Mr. BUNNING, the to make the United States more secure However, the founding fathers could name of the Senator from North Da- by implementing unfinished rec- not have predicted the path innovation kota (Mr. DORGAN) was added as a co- ommendations of the 9/11 Commission would eventually lead us down, nor the sponsor of S. 155, a bill to promote to fight the war on terror more effec- amazing new technologies that we now coal-to-liquid fuel activities. tively, to improve homeland security, take for granted. and for other purposes. S. 231 While many of us still enjoy tradi- At the request of Mrs. FEINSTEIN, the S. 5 tional radio, this too is rapidly chang- name of the Senator from Iowa (Mr. At the request of Mr. BROWN, his ing. GRASSLEY) was added as a cosponsor of name was added as a cosponsor of S. 5, Recently, radio stations have begun S. 231, a bill to authorize the Edward a bill to amend the Public Health Serv- advertising for a national campaign to Byrne Memorial Justice Assistance ice Act to provide for human embry- switch to High Definition, or HD, Grant Program at fiscal year 2006 lev- onic stem cell research. radio. This new platform is changing els through 2012. S. 6 the way music is transmitted and, ac- S. 237 At the request of Mr. BROWN, his cording to its promoters, ‘‘radio has At the request of Mrs. FEINSTEIN, the never sounded better.’’ name was added as a cosponsor of S. 6, names of the Senator from New York a bill to enhance the security of the In addition, we can now have music (Mrs. CLINTON), the Senator from Illi- United States by reducing the depend- radio programs provided not just in our nois (Mr. OBAMA) and the Senator from ence of the United States on foreign cars, or on traditional home stereos, Colorado (Mr. SALAZAR) were added as and unsustainable energy sources and but radio programs have expanded to cosponsors of S. 237, a bill to improve be available through Internet, cable, the risks of global warming, and for agricultural job opportunities, bene- other purposes. and satellite music stations. fits, and security for aliens in the And radio services are looking to use S. 7 United States and for other purposes. the new digital transmissions and new At the request of Mr. BROWN, his S. 243 technologies to change how music is name was added as a cosponsor of S. 7, At the request of Mr. ENSIGN, the delivered so that the audience can not a bill to amend title IV of the Higher name of the Senator from Mississippi only listen but also record, manipulate, Education Act of 1965 and other laws (Mr. LOTT) was added as a cosponsor of collect and create individual music and provisions and urge Congress to S. 243, a bill to improve patient access play lists. make college more affordable through to health care services and provide im- Thus, what was once a passive listen- increased Federal Pell Grants and pro- proved medical care by reducing the ing experience has turned into a forum viding more favorable student loans excessive burden the liability system where consumers can create their own and other benefits, and for other pur- places on the health care delivery sys- personalized music libraries. poses. tem. As the modes of distribution change S. 8 S. 244 and the technologies change, so must At the request of Mr. BROWN, his At the request of Mr. GREGG, the our laws change. name was added as a cosponsor of S. 8, name of the Senator from Mississippi The government granted a compul- a bill to restore and enhance the capa- (Mr. LOTT) was added as a cosponsor of sory license for radio-like services by bilities of the Armed Forces, to en- S. 244, a bill to improve women’s access Internet, cable, and satellite providers hance the readiness of the Armed to health care services and provide im- in order to encourage competition and Forces, to support the men and women proved medical care by reducing the the creation of new products. of the Armed Forces, and for other pur- excessive burden the liability system However, as new innovations alter poses. places on the delivery of obstetrical these services from a performance to a S. 10 and gynecological services. distribution, the law must respond. At the request of Mr. BROWN, his AMENDMENT NO. 20 In addition, as the changing tech- name was added as a cosponsor of S. 10, At the request of Mr. KYL, his name nology evolves the distinctions be- a bill to reinstate the pay-as-you-go re- was added as a cosponsor of amend- tween the services become less and quirement and reduce budget deficits ment No. 20 proposed to S. 1, a bill to less, and the differences in how they by strengthening budget enforcement provide greater transparency in the are treated under the statutory license and fiscal responsibility. legislative process. make less and less sense.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S447 Therefore, I am introducing a bill to over-the-air broadcasters as are ap- new frontiers we must ensure that our that will begin to fix the inequities plied to Internet, cable, and satellite. laws can stand the test of time. currently in the statute and open the While this change has not been made in I look forward to working with my door to further debate about additional the version of the bill I am introducing colleagues to pass this legislation. issues that need to be addressed. today, I believe it is an issue we should I ask unanimous consent that the First, the bill I am introducing look at in the 110th Congress. text of the bill be printed in the today, the PERFORM Act, would cre- Also, the bill as introduced does not RECORD. ate rate parity. All companies covered address the other conditions applied to There being no objection, the text of by the government license created in Internet, cable, and satellite services the bill was ordered to be printed in section 114 of title 17 would be required in order for them to get the benefit of the RECORD, as follows: to pay a ‘‘fair market value’’ for use of the statutory license. The one that I S. 256 music libraries rather than having dif- am most concerned with is inter- Be it enacted by the Senate and House of Rep- ferent rate standards apply based on activity. resentatives of the United States of America in what medium is being used to transmit I think there is real confusion about Congress assembled, the music. what is and what is not allowed under SECTION 1. SHORT TITLE. The bill would also establish content the current statute: how much person- This Act may be cited as the ‘‘Platform protection. All companies would be re- alization and customization may these Equality and Remedies for Rights Holders in quired to use reasonably available, new services offer? Music Act of 2007’’ or the ‘‘Perform Act of technologically feasible, and economi- Currently, licensing rates are higher 2007’’. cally reasonable means to prevent for interactive services. However, there SEC. 2. RATE SETTING STANDARDS. music theft. In addition, a company are clear disagreements as to what con- (a) SECTION 112 LICENSES.—Section 112(e)(4) may not provide a recording device to stitutes an ‘‘interactive’’ service. I of title 17, United States Code, is amended in a customer that would allow him or tried to have the parties meet to nego- the third sentence by striking ‘‘fees that would have been negotiated in the market- her to create their own personalized tiate a solution to this issue so that we place between a willing buyer and a willing music library that can be manipulated could include new language in this bill; seller’’ and inserting ‘‘the fair market value and maintained without paying a re- however, the parties were so far apart of the rights licensed under this subsection’’. production royalty. that a solution could not be reached. (b) SECTION 114 LICENSES.—Section 114(f) of This does not mean such devices can- Despite this, I still believe this is an title 17, United States Code, is amended— not be made or distributed. It simply important issue that must be ad- (1) by striking paragraph (1); means that the business must nego- dressed. As introduced, the bill calls (2) by redesignating paragraphs (2), (3), (4), tiate the payment for the music out- for the Copyright Office to make rec- and (5) as paragraphs (1), (2), (3), and (4), re- ommendations to Congress, but I am spectively; and side of the statutory license. (3) in paragraph (1) (as redesignated under The bill also contains language to hopeful that through the process of this subsection)— make sure that consumers’ current re- moving this bill through the Senate we (A) in subparagraph (A), by striking all cording habits are not inhibited. There- can develop a solution sooner rather after ‘‘Proceedings’’ and inserting ‘‘under fore, any recording the consumer than rely on a study. chapter 8 shall determine reasonable rates chooses to do manually will still be al- Finally, some have raised concerns and terms of royalty payments for trans- lowed. that applying content protection to all missions during 5-year periods beginning on In addition, if the device allows the providers is unfair. They argue that if January 1 of the second year following the consumer to manipulate music by pro- there is no connection between the dis- year in which the proceedings are to be com- menced, except where a different transi- gram, channel, or time period that tributor of the music and the tech- tional period is provided under section 6(b)(3) would still be permitted under the stat- nology provider that allows for copying of the Copyright Royalty and Distribution utory license. and manipulating of performances then Reform Act of 2004, or such other period as For example, if a listener chooses to they should not be required to protect the parties may agree.’’; automatically record a news station the music that they broadcast. In gen- (B) in subparagraph (B)— every morning at 9:00 a.m.; a jazz sta- eral, I do not agree. We know that (i) in the first sentence, by striking ‘‘af- tion every afternoon at 2:00 p.m., a there are websites out there now that fected by this paragraph’’ and inserting blues station every Friday at 3:00 p.m., provide so-called stream-ripping serv- ‘‘under this section’’; and a talk radio show every Saturday (ii) in the second sentence, by striking ‘‘el- ices that allow an individual to steal igible nonsubscription transmission’’; and at 4:00 p.m., that would be allowable. In music off an Internet webcast. (iii) in the third sentence— addition, that listener could then use It is not enough to turn a blind eye (I) by striking ‘‘eligible nonsubscription their recording device to move these to this type of piracy and do nothing services and new subscription’’; and programs so that each program of the simply because there is no formal con- (II) by striking ‘‘rates and terms that same genre would be back to back. nection between the businesses. At the would have been negotiated in the market- What a listener cannot do is set a re- same time, I am sympathetic to the place between a willing buyer and a willing cording device to find all the Frank Si- concerns that if the type of technology seller’’ and inserting ‘‘the fair market value natra songs being played on the radio- a company uses is inadequate or inef- of the rights licensed under this section’’; (iv) in the fourth sentence, by striking service and only record those songs. By fective, through no fault of their own, ‘‘base its’’ and inserting ‘‘base their’’; making these distinctions this bill sup- they should not be saddled with huge (v) in clause (i), by striking ‘‘and’’ after ports new business models and tech- mandatory penalties. the semicolon; nologies without harming the song- I am interested in looking at this (vi) in clause (ii), by striking the period writers and performers in the process. issue more closely to see if there is and inserting ‘‘; and’’; Unfortunately, this bill was unable some way to address this concern and (vii) by inserting after clause (ii) the fol- to move last Congress primarily be- find a compromise solution. lowing: cause of misinformation about what To be clear, I see this as the begin- ‘‘(iii) the degree to which reasonable re- cording affects the potential market for the bill does and does not do. ning of the process. I think this legisla- sound recordings, and the additional fees However, there were also some ques- tion is a good step forward in address- that are required to be paid by services for tions that were raised, not about prob- ing a real problem that is occurring in compensation.’’; and lems with the bill, but about ways to the music industry. Changes or addi- (viii) in the matter following clause (ii), by expand its reach. For example, cur- tions may be necessary as the bill striking ‘‘described in subparagraph (A)’’; rently the bill does not apply to tradi- moves forward, but I believe to wait and tional radio distributed by the broad- and do nothing does a disservice to all (C) by striking subparagraph (C) and in- casters. This legislation only covers involved. serting the following: businesses that are under the section Music is an invaluable part of all of ‘‘(C) The procedures under subparagraphs (A) and (B) shall also be initiated pursuant 114 license: Internet, cable, and sat- our lives. The new technologies and to a petition filed by any copyright owners ellite. Yet, some of my Republican col- changing delivery systems provide ex- of sound recordings or any transmitting en- leagues argued that the bill should citing new options for all consumers. tity indicating that a new type of service on apply the same recording limitations As we continue to move forward into which sound recordings are performed is or is

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S448 CONGRESSIONAL RECORD — SENATE January 11, 2007 about to become operational, for the purpose contained in the transmission program still alive. These archives will enable of determining reasonable terms and rates of which results in the playback of a manipu- the sharing and perpetuation of the royalty payments with respect to such new lated sequence; and culture, collective memory, and his- type of service for the period beginning with ‘‘(iv) do not permit the redistribution, re- tory of peoples Mr. Giugni so dearly the inception of such new type of service and transmission or other exporting of a phono- loved. ending on the date on which the royalty record embodying all or part of a perform- rates and terms for preexisting subscription ance licensed under this section from the de- As many of my colleagues are aware, digital audio transmission services, eligible vice by digital outputs or removable media, Henry was a man full of life and loy- nonsubscription services, or new subscrip- unless the destination device is part of a se- alty who served our country with dis- tion services, as the case may be, most re- cure in-home network that also complies tinction. He enlisted in the U.S. Army cently determined under subparagraph (A) or with each of the requirements prescribed in at the age of 16 after the attack on (B) and chapter 8 expire, or such other period this paragraph. Pearl Harbor. During World War II he as the parties may agree.’’. ‘‘(B) Nothing in this paragraph shall pre- served in combat at the battle of Gua- (c) CONTENT PROTECTION.—Section 114(d)(2) vent a consumer from engaging in non-auto- dalcanal. Following World War II, he of title 17, United States Code, is amended— mated manual recording and playback in a continued to serve the State of Hawaii (1) in subparagraph (A)— manner that is not an infringement of copy- and our Nation by working as a police (A) in clause (ii), by striking ‘‘and’’ after right.’’. the semicolon; (e) TECHNICAL AND CONFORMING AMEND- officer and firefighter. After nearly a (B) in clause (iii), by adding ‘‘and’’ after MENTS.— decade of service with Senator INOUYE the semicolon; and (1) SECTION 114.—Section 114(f) of title 17, in the Hawaii territorial legislature, he (C) by adding after clause (iii) the fol- United States Code (as amended by sub- came to Washington, DC, as the senior lowing: section (b) of this section), is further amend- Senator’s senior executive assistant ‘‘(iv) the transmitting entity takes no af- ed— and then chief of staff for more than 20 firmative steps to authorize, enable, cause or (A) in paragraph (1)(B), in the first sen- years. Mr. Giugni was appointed in 1987 induce the making of a copy or phonorecord tence, by striking ‘‘paragraph (3)’’ and in- to serve as Sergeant-at-Arms of our re- by or for the transmission recipient and uses serting ‘‘paragraph (2)’’; and vered body—a position that each of my technology that is reasonably available, (B) in paragraph (4)(C), by striking ‘‘under colleagues and I know as crucial to the technologically feasible, and economically paragraph (4)’’ and inserting ‘‘under para- reasonable to prevent the making of copies graph (3)’’. running of the Senate. or phonorecords embodying the transmission (2) SECTION 804.—Section 804(b)(3)(C) of title Henry also sought to tear down bar- in whole or in part, except for reasonable re- 17, United States Code, is amended— riers in society. In 1965 it was Mr. cording as defined in this subsection;’’; (A) in clause (i), by striking ‘‘and Giugni who represented Senator (2) in subparagraph (C)— 114(f)(2)(C)’’; and INOUYE’s office, and thus the people of (A) by striking clause (vi); and (B) in clause (iv), by striking ‘‘or Hawaii, in the famous 1965 Selma to (B) by redesignating clauses (vii) through 114(f)(2)(C), as the case may be’’. Montgomery civil rights march led by (ix) as clauses (vi) through (viii), respec- SEC. 3. REGISTER OF COPYRIGHTS MEETING AND Dr. Martin Luther King, Jr. As Senator tively; and REPORT. INOUYE’s chief of staff, Mr. Giugni (3) by adding at the end the following: (a) MEETING.—Not later than 90 days after served as a vital link between the Sen- ‘‘For purposes of subparagraph (A)(iv), the the date of enactment of this Act, the Reg- mere offering of a transmission and accom- ister of Copyrights shall convene a meeting ator’s office and minority groups. He panying metadata does not in itself author- among affected parties to discuss whether to was the first person of color and the ize, enable, cause, or induce the making of a recommend creating a new category of lim- first Native Hawaiian to be appointed phonorecord. Nothing shall preclude or pre- ited interactive services, including an appro- Senate Sergeant-at-Arms. In this influ- vent a performing rights society or a me- priate premium rate for such services, within ential position, he sought out capable chanical rights organization, or any entity the statutory license contained in section 114 minorities and women for promotion to owned in whole or in part by, or acting on of title 17, United States Code. ensure that our workforce reflects behalf of, such organizations or entities, (b) REPORT.—Not later than 90 days after from monitoring public performances or the convening of the meeting under sub- America. He appointed the first minor- other uses of copyrighted works contained in section (a), the Register of Copyrights shall ity, an African-American, to lead the such transmissions. Any such organization submit a report on the discussions at that Service Department, and was the first or entity shall be granted a license on either meeting to the Committee on the Judiciary to assign women to the Capitol Police a gratuitous basis or for a de minimus fee to of the Senate and the Committee on the Ju- plainclothes unit. Because of his con- cover only the reasonable costs to the licen- diciary of the House of Representatives. cern about people with disabilities, Mr. sor of providing the license, and on reason- Giugni enacted a major expansion of able, nondiscriminatory terms, to access and By Mr. AKAKA (for himself, Mr. the Special Services Office, which now retransmit as necessary any content con- INOUYE, Mr. BYRD, Mr. REID, tained in such transmissions protected by conducts tours of the U.S. Capitol for Mr. STEVENS, Mr. KENNEDY, Mr. content protection or similar technologies, if the blind, deaf, and wheelchair-bound, such licenses are for purposes of carrying out COCHRAN, Mr. BIDEN, Mrs. CLIN- and publishes Senate maps and docu- the activities of such organizations or enti- TON, Mr. DOMENICI, Mr. DORGAN, ments in Braille. ties in monitoring the public performance or Mr. KERRY, Mr. LEAHY, Mr. LIE- Further in his capacity as Sergeant- other uses of copyrighted works, and such or- BERMAN, Mrs. LINCOLN, Mr. at-Arms, Henry was the chief law en- ganizations or entities employ reasonable LOTT, Ms. MURKOWSKI, Mr. NEL- forcement officer of the U.S. Senate methods to protect any such content SON of Nebraska, Mr. REED, Mr. accessed from further distribution.’’. and an able manager of a majority of OCKEFELLER PECTER (d) DEFINITION.—Section 114(j) of title 17, R , Mr. S , and the Senate’s support services. He United States Code, is amended— Mrs. DOLE): oversaw a budget of nearly $120 million (1) by redesignating paragraphs (10) S. 259. A bill to authorize the estab- and approximately 2,000 employees. As through (15) as paragraphs (11) through (16), lishment of the Henry Kuualoha Giugni Sergeant-at-Arms, Mr. Giugni presided respectively; and Kupuna Memorial Archives at the Uni- over the inauguration of President (2) by inserting after paragraph (9) the fol- versity of Hawaii; to the Committee on George H.W. Bush, and escorted numer- lowing: Health, Education, Labor, and Pen- ous dignitaries on their visits to the ‘‘(10)(A) A ‘reasonable recording’ means the sions. U.S. Capitol, including Nelson making of a phonorecord embodying all or Mr. AKAKA. Mr. President, I am in- part of a performance licensed under this Mandela, Margaret Thatcher, and section for private, noncommercial use troducing with my dear friend, the sen- Vaclav Havel. where technological measures used by the ior Senator from Hawaii, DAN INOUYE, Establishing the Henry Kuualoha transmitting entity, and which are incor- and several of our colleagues from both Giugni Memorial Archives would be a porated into a recording device— sides of the aisle, a bill paying tribute poignant and appropriate way to honor ‘‘(i) permit automated recording or play- to one of this body’s most loyal serv- our loyal friend, colleague, and fellow back based on specific programs, time peri- ants. The Henry Kuualoha Giugni American, as well as his dear wife ods, or channels as selected by or for the Kupuna Memorial Archives bill honors Lani, who recently followed him to the user; Henry K. Giugni, our former Sergeant- ‘‘(ii) do not permit automated recording or great beyond. Henry lived a life full of playback based on specific sound recordings, at-Arms of the U.S. Senate, through rich experiences, and along the way he albums, or artists; the establishment of cultural and his- accumulated a wealth of wisdom. His ‘‘(iii) do not permit the separation of com- torical digital archives. Mr. Giugni memory and spirit live on, but it is es- ponent segments of the copyrighted material would have turned 82 today, if he were sential we perpetuate his wisdom and

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S449 experiences, and those of others like to enhance the education of all stu- S. 259 him, so what was learned and accom- dents, even students from non-native Be it enacted by the Senate and House of Rep- plished will not be lost to future gen- backgrounds. This also includes devel- resentatives of the United States of America in erations. This is the primary impetus oping outreach initiatives to introduce Congress assembled, behind creating these archives. There the archives to elementary and sec- SECTION 1. HENRY KUUALOHA GIUGNI KUPUNA is a dearth of physical archives, muse- ondary schools, and as enabling schools MEMORIAL ARCHIVES. ums, or libraries devoted to preserving to access the archives through the (a) GRANTS AUTHORIZED.—The Secretary of computer. Education is authorized to award a grant to and perpetuating the history, culture, the University of Hawaii Academy for Cre- achievements and collective narratives Grant funds would also be available ative Media for the establishment, mainte- of indigenous peoples. As one genera- to help make a college education pos- nance, and periodic modernization of the tion passes, a wealth of traditional sible for students who otherwise could Henry Kuualoha Giugni Kupuna Memorial knowledge could be lost forever. Estab- not independently afford such an edu- Archives at the University of Hawaii. lishing these archives to perpetuate cation through scholarship awards. Ad- (b) USE OF FUNDS.—The Henry Kuualoha the traditional knowledge of indige- ditionally, funds can be used to address Giugni Kupuna Memorial Archives shall use the grant funds received under this section— nous peoples such as Henry will ensure the problem of cultural incongruence in teaching, an issue that impedes ef- (1) to facilitate the acquisition of a secure that future generations have access to web accessible repository of Native Hawaiian that widsom and, in a sense, will be fective learning in our Nation’s class- rooms. Such a lack of congruence ex- historical data rich in ethnic and cultural able to learn from the original sources significance to our Nation for preservation ists in a wide range of situations, from themselves. and access by future generations; The development of the Internet in rural and underserved communities in (2) to award scholarships to facilitate ac- managing knowledge in electronic for- remote areas to well-populated urban cess to a college education for students who mat has enabled the most pervasive centers, from my State of Hawaii to can not independently afford such education; storing and sharing of information the areas on the eastern seaboard. The dy- (3) to support programmatic efforts associ- world has ever seen. Electronic, digital namic I am describing exists along ated with the web-based media projects of lines of race and ethnicity, socio- the archives; archives would facilitate the sharing, (4) to create educational materials, from preservation and perpetuation of the economic strata, age, and many other vectors, which can muddy the effective the contents of the archives, that are appli- unique native culture, language, tradi- cable to a broad range of indigenous students tion and history. These archives will be transmission of knowledge. Many of us, such as Native Hawaiians, Alaskan Natives, a source of enduring knowledge, acces- especially those from rural, indigenous, and Native American Indians; sible to all. It will help to ensure that or ethnic minority backgrounds, in- (5) to develop outreach initiatives that in- the children of today and tomorrow cluding Henry Giugni, have experi- troduce the archival collections to elemen- will not be deprived of the rich culture, enced barriers to learning as we have tary schools and secondary schools; (6) to develop supplemental web-based re- history and collective knowledge of in- worked our way through the education system. This bill seeks to improve stu- sources that define terms and cultural prac- digenous peoples. These archives will tices innate to Native Hawaiians; help to guarantee that the experiences, dent achievement by addressing cul- tural incongruence between teachers (7) to rent, lease, purchase, maintain, or wisdom and knowledge of kupuna, or repair educational facilities to house the ar- elders such as Henry, will not be lost to and the student population. This will chival collections; future generations. be accomplished by providing profes- (8) to rent, lease, purchase, maintain, or The first section of the Henry sional development training to teach- repair computer equipment for use by ele- Kuualoha Giugni Memorial Archives ers, enabling them to better commu- mentary schools and secondary schools in bill authorizes a grant awarded to the nicate with their students. accessing the archival collections; Finally, as financial illiteracy is a (9) to provide pre-service and in-service University of Hawaii’s Academy for growing problem, especially among col- teacher training to develop a core group of Creative Media for the establishment, lege age youth who are exposed to a va- kindergarten through grade 12 teachers who maintenance and update of the ar- riety of financial products, funds can are able to provide instruction in a way that chives which are to be located at the be used to increase the economic and is culturally congruent with the learning University of Hawaii. These funds modalities of the kindergarten, elementary financial literacy of college students. would be used to enable a statewide ar- school, or secondary school students the This will be accomplished through the chival effort which will include the ac- teachers are teaching, particularly indige- propagation of proven best practices quisition of a secure, web-accessible re- nous students such as Native Hawaiians, that have resulted in positive behav- Alaskan Natives, and Native American Indi- pository that will house significant ioral change in regards to improved ans, in order to— historical and cultural information. debt and credit management, and eco- (A) ameliorate the lack of cultural congru- This information may include oral his- nomic decision making. Such activities ence between the teachers and the students tories, collective narratives, photo- can help to ensure that students stay the teachers teach; and graphs, video files, journals, creative in school, graduate in a better finan- (B) improve student achievement; and works and documentation of practices (10) to increase the economic and financial cial position, and remain disciplined in literacy of college students through the pro- and customs such as traditional dance effectively managing their finances and traditional music that were used liferation of proven best practices used at throughout their working and retire- other institutions of higher education that to convey historical and cultural ment years. result in positive behavioral change toward knowledge in the absence of written Henry K. Giugni served among us improved debt and credit management and language. The funds will enable this with distinction and honor. I am very economic decision making. important effort by assisting in the grateful to have known him and his (c) AUTHORIZATION OF APPROPRIATIONS.— purchasing of equipment, hiring of per- family. I encourage all of my col- There is authorized to be appropriated to sonnel, and establishment of space for leagues to perpetuate his memory by carry out this section $5,000,000 for fiscal year 2007, $10,000,000 for fiscal year 2008, and the collection and transfer of media, supporting the Henry Kuualoha Giugni housing the archives, and creating this such sums as may be necessary for each of Memorial Archives bill. These archives the fiscal years 2009 through 2012. in-depth database. are the most fitting way we can honor The second section of this bill au- and remember our friend and dear pub- UNIVERSITY OF HAWAI‘I, thorizes the use of these grant funds lic servant, Henry Kuualoha Giugni. Honolulu, HI, August 3, 2006. for several different educational activi- I ask unanimous consent that the Hon. DANIEL K. AKAKA, ties, many of which are intended to text of the bill be printed in the U.S. Senator, State of Hawai‘i, Hart Senate Of- magnify the resourcefulness of these RECORD and that support letters from fice Building, Washington DC. archives and benefit the student popu- University of Hawaii President David DEAR SENATOR AKAKA: The University of lations who will likely access the ar- McClain and Academy for Creative Hawai‘i is proud to support the establish- chives the most. This includes the de- ment of the Henry Kuualoha Giugni Kupuna Media Director Christopher Lee also be Memorial Archives as detailed in the Senate velopment of educational materials printed in the RECORD. Bill reviewed with your staff during my June from the archives that can be used in There being no objection, the mate- 2006 visit to Washington, D.C. As you know, teaching indigenous students. Despite rial was ordered to be printed in the Henry Giugni was a great friend of the Uni- their focus, these materials are meant RECORD, as follows: versity of Hawai‘i. We were honored to be

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S450 CONGRESSIONAL RECORD — SENATE January 11, 2007 able to award him an Honorary Doctorate in academic achievement of indigenous I ask unanimous consent that text of Humane Letters from the University of students by sharing with them the sto- the bill be printed in the RECORD. Hawai‘i in 2003. ries and histories of accomplished indi- There being no objection, the text of Please add the University of Hawai‘i to the growing list of many friends and congres- viduals with indigenous backgrounds, the bill was ordered to be printed in sional co-sponsors who have joined with you such as Henry. the RECORD, as follows: and Senator Inouye to pay appropriate trib- S. 260 ute to a great Hawaiian and a worthy advo- By Mr. DOMENICI (for himself Be it enacted by the Senate and House of Rep- cate for minorities in government—Henry and Mr. BINGAMAN): resentatives of the United States of America in Kuualoha Giugni. Thank you for this oppor- S. 260. A bill to establish the Fort Congress assembled, tunity to express our support for one who Stanton-Snowy River Cave National SECTION 1. SHORT TITLE. was so important to our University ‘ohana. Conservation Area; to the Committee This Act may be cited as the ‘‘Fort Stan- With best wishes and Aloha, on Energy and Natural Resources. ton-Snowy River Cave National Conserva- DAVID MCCLAIN, Mr. DOMENICI. Mr. President, I rise tion Area Act’’. President. today to introduce legislation to pro- SEC. 2. DEFINITIONS. In this Act: UNIVERSITY OF HAWAI‘I, tect a natural wonder in my home State of New Mexico. A passage within (1) CONSERVATION AREA.—The term ‘‘Con- ACADEMY FOR CREATIVE MEDIA, servation Area’’ means the Fort Stanton- Honolulu, HI, August 21, 2006. the Fort Stanton Cave contains what Snowy River Cave National Conservation Hon. DANIEL K. AKAKA, can only be described as a magnificent Area established by section 3(a). U.S. Senator, State of Hawai‘i, Hart Senate Of- white river of calcite. I am pleased to (2) MANAGEMENT PLAN.—The term ‘‘man- fice Building Washington, DC. be joined in this effort again this year agement plan’’ means the management plan DEAR SENATOR AKAKA: The Academy for by my colleague from New Mexico, developed for the Conservation Area under Creative Media at the University of Hawai‘i section 4(c). at Manoa is proud to support, and honored to Senator BINGAMAN. (3) SECRETARY.—The term ‘‘Secretary’’ be designated as the primary home for the Many locals are familiar with the Fort Stanton Cave in Lincoln County, means the Secretary of the Interior, acting establishment of the Henry Kuualoha Giugni through the Director of the Bureau of Land Kupuna Memorial Archives. NM. Exploration of the cave dates back Management. As you know, there is an exciting visual to at least the 1850s, when troops sta- SEC. 3. ESTABLISHMENT OF FORT STANTON- history of Hawai‘i that has yet to be col- tioned in the area began visiting the lected, documented and archived for the ben- SNOWY RIVER CAVE NATIONAL CON- network of caverns. Exploration con- SERVATION AREA. efit of historians, teachers, students, and all (a) ESTABLISHMENT; PURPOSES.—There is people who embrace the Spirit of Aloha. This tinued over the years and in 2001 BLM established the Fort Stanton–Snowy River is a people’s history and archive that will volunteers discovered a two-mile long Cave National Conservation Area in Lincoln tap deeply into the diversity and continuous calcite formation. County, New Mexico, to protect, conserve, multiculturalism of our state. We have not found a formation of Unfortunately, much of this rich treasure this size anywhere else in New Mexico and enhance the unique and nationally im- of moving images on film and video tape is portant historic, cultural, scientific, archae- or perhaps even in the United States. ological, natural, and educational subterra- deteriorating with age and cries out to be Because of the beauty and distinct ap- permanently preserved in a digital archive nean cave resources of the Fort Stanton– where it can be readily and interactively pearance of this discovery, I continue Snowy River cave system. (b) AREA INCLUDED.—The Conservation accessed by all. to be excited about the scientific and The establishment of the Henry Kuualoha educational opportunities associated Area shall include the area within the Giugni Kupuna Memorial Archives will en- with the find. This large, continuous boundaries depicted on the map entitled able the creation of a plethora of illustrated stretch of calcite may yield valuable ‘‘Fort Stanton–Snowy River Cave National oral histories of our beloved elders, create Conservation Area’’ and dated November research opportunities relating to hy- 2005. educational programs which can be used to drology, geology, and microbiology. In bridge intercultural gaps while embracing an (c) MAP AND LEGAL DESCRIPTION.— ever wider multicultural society, and em- fact, there may be no limits to what we (1) IN GENERAL.—As soon as practicable power new generations by grounding them in can learn from this snow white cave after the date of enactment of this Act, the the richness of values, as reflected by Mr. passage. Secretary shall submit to Congress a map Giugni, that has defined Hawai’i as the It is not often that we find something and legal description of the Conservation Aloha State. so striking and so significant. I believe Area. The Academy for Creative Media stands this find is worthy of study and our (2) EFFECT.—The map and legal description ready to make this Archive a primary edu- most thoughtful management and con- of the Conservation Area shall have the same cational center and resource, a living tribute force and effect as if included in this Act, ex- servation. cept that the Secretary may correct any to Henry Kuualoha Giugni and the people of My legislation does the following: (1) Hawai‘i. minor errors in the map and legal descrip- Sincerely, creates a Fort Stanton-Snowy River tion. CHRISTOPHER LEE, Cave Conservation Area to protect, se- (3) PUBLIC AVAILABILITY.—The map and Director. cure and conserve the natural and legal description of the Conservation Area Mr. INOUYE. Mr. President, today I unique features of the Snowy River shall be available for public inspection in the join my partner from Hawaii, Senator Cave; (2) instructs the BLM to prepare appropriate offices of the Bureau of Land Management. AKAKA, and other esteemed colleagues, a map and legal description of the Snowy River cave, and to develop a SEC. 4. MANAGEMENT OF THE CONSERVATION in lending my support to the Henry AREA. Kuualoha Giugni Kupuna Memorial Ar- comprehensive, long-term management (a) MANAGEMENT.— chives Bill. I offer my support today, plan for the cave area; (3) authorizes (1) IN GENERAL.—The Secretary shall man- on this, the eleventh day of January, the conservation of the unique features age the Conservation Area— Henry’s birthday, to herald the signifi- and environs in the cave for scientific, (A) in a manner that conserves, protects, cant role that the establishment of educational and other public uses and enhances the resources and values of the these archives will play in shaping the deemed safe and appropriate under the Conservation Area, including the resources and values described in section 3(a); and future of a new generation of Ameri- management plan; (4) authorizes the BLM to work with State and other in- (B) in accordance with— cans, just as Henry did during his re- (i) this Act; markable tenure as the 30th Sergeant- stitutions and to cooperate with Lin- (ii) the Federal Land Policy and Manage- at-Arms of the United States Senate. coln County to address the historical ment Act of 1976 (43 U.S.C. 1701 et seq.); and In addition to creating a digital ar- involvement of the local community; (iii) any other applicable laws. chive and preserving the traditions and (5) protects the caves from mineral and (2) USES.—The Secretary shall only allow culture of Native Hawaiians, this bill mining leasing operations. uses of the Conservation Area that are con- will support initiatives critical to the As the people of my home State of sistent with the protection of the cave re- development of Web-based media New Mexico know, we have many nat- sources. projects and the creation of edu- ural wonders, and I am proud to play a (3) REQUIREMENTS.—In administering the role in the protection of this recent Conservation Area, the Secretary shall pro- cational materials that will richly en- vide for— hance the educational experience for unique discovery. I hope my colleagues (A) the conservation and protection of the countless students. will join with me in approving the Fort natural and unique features and environs for It is my hope that the establishment Stanton-Snowy River National Cave scientific, educational, and other appro- of these archives will inspire greater Conservation Area Act. priate public uses of the Conservation Area;

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S451 (B) public access, as appropriate, while pro- Act. To establish the Fort Stanton-Snowy In September 2004, the Animal Fight- viding for the protection of the cave re- River Cave National Conservation Area. ing Prohibition Enforcement Act was sources and for public safety; approved by the House Judiciary Com- (C) the continuation of other existing uses By Ms. CANTWELL (for herself, mittee, but did not reach the floor. In or other new uses of the Conservation Area Mr. ENGLISH, Mr. SPECTER, Mr. April 2005, the Senate passed a bill that do not impair the purposes for which DURBIN, Mr. ALLARD, Mr. VIT- the Conservation Area is established; nearly identical to the one we are in- TER, Mr. LEVIN, Ms. COLLINS, (D) management of the surface area of the troducing today, when it unanimously Mr. KYL, and Mrs. FEINSTEIN): Conservation Area in accordance with the approved S. 382. In May 2006, the House Fort Stanton Area of Critical Environmental S. 261. A bill to amend title 18, Crime, Terrorism and Homeland Secu- Concern Final Activity Plan dated March, United States Code, to strengthen pro- rity Subcommittee held a comprehen- 2001, or any amendments to the plan, con- hibitions against animal fighting, and sive hearing on the House companion sistent with this Act; and for other purposes; to the Committee bill, H.R. 817, which garnered 324 co- (E) scientific investigation and research on the Judiciary. opportunities within the Conservation Area, sponsors but was not considered on the Ms. CANTWELL. Mr. President, I House floor. The legislative history of including through partnerships with col- rise today to join with my colleagues, leges, universities, schools, scientific insti- this animal fighting felony legislation Senators SPECTER and ENSIGN, in re- tutions, researchers, and scientists to con- shows it has broad bipartisan support duct research and provide educational and introducing the Animal Fighting Pro- of more than half the Senate, and it interpretive services within the Conserva- hibition Enforcement Act of 2007. This has won unanimous approval on the tion Area. legislation has won the unanimous ap- floor time and time again. (b) WITHDRAWALS.—Subject to valid exist- proval of the Senate several times, but It’s time to get this felony animal ing rights, all Federal surface and subsurface unfortunately has not yet reached the fighting language enacted. With the land within the Conservation Area and all finish line. I look forward to working land and interests in the land that are ac- bird flu threat looming, we can’t afford with my colleagues to see this impor- quired by the United States after the date of to wait any longer. The economic con- tant bill finally become the law of the enactment of this Act for inclusion in the sequences are staggering—the World land. Conservation Area, are withdrawn from— Bank projects worldwide losses of $1.5 (1) all forms of entry, appropriation, or dis- There is no doubt, animal fighting is posal under the general land laws; terribly cruel. Dogs and roosters are to $2 trillion. We must be able to say (2) location, entry, and patent under the drugged to make them hyper-aggres- we did all we could to prevent such a mining laws; and sive and forced to keep fighting even pandemic, and this is an obvious, easy (3) operation under the mineral leasing and after suffering severe injuries such as and necessary step. geothermal leasing laws. punctured eyes and pierced lungs. Interstate and international trans- (c) MANAGEMENT PLAN.— port of birds for cockfighting is known (1) IN GENERAL.—Not later than 2 years It’s all done for ‘‘entertainment’’ and after the date of enactment of this Act, the illegal gambling. Children are some- to have contributed to the spread of Secretary shall develop a comprehensive times brought to these spectacles, and avian influenza in Asia and poses a plan for the long-term management of the the fights are frequently accompanied threat to poultry and public health in Conservation Area. by illegal drug trafficking and acts of the United States. According to the (2) PURPOSES.—The management plan human violence. In 2006, nine murders World Health Organization and local shall— news reports, at least nine confirmed (A) describe the appropriate uses and man- related to animal fighting occurred across the country. human fatalities from avian influenza agement of the Conservation Area; in Thailand and Vietnam may have (B) incorporate, as appropriate, decisions Some dogfighters steal pets to use as contained in any other management or ac- bait for training their dogs, while oth- been contracted through cockfighting tivity plan for the land within or adjacent to ers allow trained fighting dogs to roam activity since the beginning of 2004. the Conservation Area; neighborhoods and endanger the public. Several children are among those who (C) take into consideration any informa- The Animal Fighting Prohibition En- are reported to have died from avian tion developed in studies of the land and re- forcement Act will strengthen current influenza as a result of exposure sources within or adjacent to the Conserva- through cockfighting, including 4-year- tion Area; and law by making the interstate transport of animals for the purpose of fighting a old, 6-year-old, and 18-year-old boys in (D) provide for a cooperative agreement Thailand and a 6-year-old girl in Viet- with Lincoln County, New Mexico, to address felony and increase the punishment to the historical involvement of the local com- three years of jail time. This is nec- nam. munity in the interpretation and protection essary because the current mis- There have been many news stories of the resources of the Conservation Area. demeanor penalty has proven ineffec- focusing on the connection between (d) ACTIVITIES OUTSIDE CONSERVATION tive—considered a ‘‘cost of doing busi- bird flu and cockfighting. For example, AREA.—The establishment of the Conserva- ness’’ by those in the animal fighting an MSNBC report headlined, ‘‘Cock- tion Area shall not— fights blamed for Thailand bird flu (1) create a protective perimeter or buffer industry which continues unabated na- zone around the Conservation Area; or tionwide. These enterprises depend on spread.’’ A World Health Organization (2) preclude uses or activities outside the interstate commerce, as I evidenced by Asia regional spokesperson interviewed Conservation Area that are permitted under the animal fighting magazines that ad- recently on the CBS Evening News de- other applicable laws, even if the uses or ac- vertise and promote them. scribed the risk of spreading disease tivities are prohibited within the Conserva- Our bill also makes it a felony to through cockfighting with infected ani- tion Area. move cockfighting implements in mals as a ‘‘total disaster waiting to (e) RESEARCH AND INTERPRETIVE FACILI- happen.’’ TIES.— interstate or foreign commerce. These (1) IN GENERAL.—The Secretary may estab- are razor-sharp knives known as Because human handling of fighting lish facilities for— ‘‘slashers’’ and ice pick-like gaffs de- roosters is a regular occurrence, the (A) the conduct of scientific research; and signed exclusively for cockfights and opportunity of disease transmission (B) the interpretation of the historical, attached to the birds’ legs for fighting. from fighting birds to people is sub- cultural, scientific, archaeological, natural, Cockfighting magazines I and websites stantial. Fighting-bird handlers come and educational resources of the Conserva- contain hundreds of advertisements for into frequent, sustained contact with tion Area. their birds during training and during (2) COOPERATIVE AGREEMENTS.—The Sec- mail-order knives and gaffs, revealing retary may, in a manner consistent with this a thriving interstate market for the organized fights. It is common practice Act, enter into cooperative agreements with weapons used in cockfights. for handlers to suck saliva and blood the State of New Mexico and other institu- This is long overdue legislation. Both from roosters’ beaks to help clear their tions and organizations to carry out the pur- the Senate and House approved felony airways and enable them to keep fight- poses of this Act. animal fighting provisions in their ing. (f) WATER RIGHTS.—Nothing in this Act Farm Bills in 2001, but they were Cockfighters frequently move birds constitutes an express or implied reservation of any water right. stripped out in conference. The Senate across State and foreign borders, bring- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. included felony animal fighting provi- ing them to fight in different locations There are authorized to be appropriated sions in the 2003 Health Forest Bill, but and risking the spread of infectious dis- such sums as are necessary to carry out this they were again dropped in conference. eases. Communications in national

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S452 CONGRESSIONAL RECORD — SENATE January 11, 2007 cockfighting magazines and websites for dogfighting—where weak Federal The recently-enacted Combat Meth- have shown that U.S. cockfighters reg- law is compromising their ability to amphetamine Epidemic Act of 2005 au- ularly transport their birds to and keep animal fighting outside their bor- thorized new funding for three grant from other parts of the world, includ- ders. programs. The Act authorized $99 mil- ing Asia. The bill we introduce today is iden- lion in new funding for the COPS Hot The U.S. Department of Agriculture tical to S. 382, which passed the Senate Spots program, which helps local law (USDA), in endorsing the Animal unanimously in the last Congress, ex- enforcement agencies obtain the tools Fighting Prohibition Enforcement Act, cept for one change. The new bill pro- they need to reduce the production, noted that strengthening current Fed- vides for up to three years’ jail time, distribution, and use of meth. Funding eral law on the inhumane practice of compared to two in S. 382, in order to may also be used to clean up meth labs, animal fighting would enhance the bring this more in line with penalties support health and environmental agency’s ability to safeguard the for other federal animal cruelty-re- agencies, and to purchase equipment health of U.S. poultry against deadly lated felonies. For example, in 1999, and support systems. diseases such as avian influenza and ex- Congress authorized imprisonment of The Act also authorized $20 million otic Newcastle disease (END). The up to 5 years for interstate commerce for a Drug-Endangered Children grant USDA has stated that cockfighting was in videos depicting animal cruelty, in- program to provide comprehensive implicated in an outbreak of END that cluding animal fighting, P.L. 106–152, services to assist children who live in a spread through California and the and mandatory jail time of up to 10 home in which meth has been used, Southwest in 2002 and 2003. That out- years for willfully harming or killing a manufactured, or sold. Under this pro- break cost U.S. taxpayers nearly $200 federal police dog or horse (P.L. 106– gram, law enforcement agencies, pros- million to eradicate and cost the U.S. 254). ecutors, child protective services, so- poultry industry many millions more With every week, there are new re- cial services, and health care services, in lost export markets. The costs of an ports of animal fighting busts, as local work together to ensure that these avian influenza outbreak in this coun- and state law enforcement struggle to children get the help they need. try could be much higher—with the rein in this thriving industry. In my In addition, the Combat Meth Act au- Congressional Budget Office estimating own State of Washington, police ar- thorized grants to be made to address losses between 1.5 and 5 percent of GDP rested 5 people on Christmas Day at a the use of meth among pregnant and ($185 billion to $618 billion). cockfight in Brewster, and about 50 parenting women offenders. The Preg- The National Chicken Council, which people ran off, according to recent nant and Parenting Offenders program represents 95 percent of all U.S. poul- news accounts. Three days later, six is aimed at facilitating collaboration try producers and processors, has also more were arrested in Okanogan for between the criminal justice, child wel- endorsed the Animal Fighting Prohibi- promoting cockfighting. And nine peo- fare, and State substance abuse sys- tion Enforcement Act, expressing con- ple were arrested in Tacoma last tems in order to reduce the use of cern that avian influenza and other dis- spring, where investigators seized drugs by pregnant women and those methamphetamines, marijuana, weap- eases can be spread by the movement with dependent children. of game birds and that the commercial ons, thousands of dollars, and fighting Although Tribes are eligible appli- chicken industry remains under consid- roosters. cants under the Pregnant and Par- It’s time for Congress to strengthen erable threat because it operates enting Offenders program, they were the federal law so that it can provide amidst a national network of game not included as eligible applicants as a meaningful deterrent against ani- bird operations. under either the Hot Spots program or Avian influenza has not yet crossed mal fighting. State and local law en- forcement will have a tough law on the the Drug-Endangered Children pro- the species barrier in this country, as gram. I see no reason why tribes should it has in Asia. But we must do all we books necessary to help them crack down on this interstate industry. I not be able to access all of these funds. can to minimize this risk. Establishing Meth use has had a devastating im- thank my colleagues for their support, a more meaningful deterrent to illegal and look forward to working with them pact in communities throughout the interstate and foreign movement of to finally enacting this common-sense country, and Indian Country is no ex- animals for fighting purposes is an ob- measure into law. ception. According to NCAI, Native vious step we can take to reduce this Americans have the highest meth risk. By Mr. BINGAMAN (for himself, abuse rate among any ethnic group and Besides those associated with the Mr. SMITH, Mr. REID, Mrs. FEIN- 70 percent of law enforcement rate poultry industry, this legislation has STEIN, Mrs. BOXER, Mr. BAUCUS, meth as their greatest challenge—in- been endorsed by a number of other or- Mrs. MURRAY, and Ms. CANT- deed, a FBI survey found that an esti- ganization including the Humane Soci- WELL) mated 40 percent of violent crime in In- ety of the United States, the American S. 267. A bill to amend the Omnibus dian Country was related to meth use. Veterinary Medical Association, the Crime Control and Safe Streets Act of And last year there was an article in National Coalition Against Gambling 1968 to clarify that territories and In- the Gallup Independent newspaper Expansion, the League of United Latin dian tribes are eligible to receive about a Navajo grandmother, her American Citizens, the National Sher- grants for confronting the use of meth- daughter, and granddaughter, who were iffs’ Association, and more than 400 in- amphetamine; to the Committee on the all arrested for selling meth. There was dividual sheriffs and police depart- Judiciary. also a one-year-old child in the home ments covering every State in the Mr. BINGAMAN. Mr. President, I rise when police executed the arrest war- country. Those law enforcement agen- today to introduce the Native Amer- rant. It is absolutely disheartening to cies recognize that animal fighting ican Methamphetamine Enforcement hear about cases such as this, with often involves the movement of ani- and Treatment Act of 2007. three generations of a family destroyed mals across State and foreign borders, Unfortunately, when Congress passed by meth. so they can’t do the job on their own. the Combat Methamphetamine Epi- I strongly believe that we need to do They need the Federal Government to demic Act, tribes were unintentionally everything we can to assist commu- do its part to help curb this dangerous left out as eligible applicants in some nities as they struggle to deal with the activity. of the newly-authorized grant pro- consequences of meth, and ensuring Our legislation does not expand the grams. The bill I am introducing today, that Native American communities are federal government’s reach into a new along with Senators SMITH, REID, BAU- able to access these funds is an impor- area, but simply aims to make current CUS, FEINSTEIN, BOXER, FEINGOLD, tant first step. I hope my colleagues law more effective. It is explicitly lim- CANTWELL, and MURRAY, would simply will join me in supporting this impor- ited to interstate and foreign com- ensure that tribes are able to apply for tant measure. merce, so it protects States’ rights in these funds and give Native American the two States where cockfighting is communities the resources they need By Ms. SNOWE (for herself, Mr. still allowed, and it protects States’ to fight scourge of methamphetamine LOTT, Mr. ISAKSON, Mr. CHAM- rights the other 48 States—and all 50, use. BLISS, and Ms. COLLINS):

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S453 S. 269. A bill to amend the Internal I am introducing legislation today in either a calendar year or any fiscal Revenue Code of 1986 to increase and response to the repeated requests from year for tax purposes, as along as it permanently extend the expensing of small businesses in Maine and from keeps its books on that basis. This cre- certain depreciable business assets for across the nation to allow them to ex- ates the unfair result of allowing larger small businesses; to the Committee on pense more of their investments, like businesses with greater resources Finance. the purchase of essential new equip- greater flexibility in choosing a tax- ment. My bill modifies the Internal able year than smaller firms with fewer By Ms. SNOWE (for herself and Revenue Code by doubling the amount resources. This simply does not make Mrs. LINCOLN): a small business can expense from sense to me. My bill changes these ex- S. 270. A bill to permit startup part- $100,000 to $200,000, and make the provi- isting rules so that more small busi- nerships and S corporations to elect sion permanent as President Bush pro- nesses will be able to use the taxable taxable years other than required posed this change in his fiscal year 2007 year that best suits their business. years; to the Committee on Finance. tax proposals. With small businesses To provide relief and equity to our nation’s 1.5 million retail establish- By Ms. SNOWE (for herself, Mrs. representing 99 percent of all employ- ers, creating 75 percent new jobs and ments, most of which have less than LINCOLN, Mrs. HUTCHISON, and five employees, I am introducing a bill Mr. KERRY): contributing 51 percent of private-sec- tor output, their size is the only ‘small’ with Senators LINCOLN, HUTCHISON, and S. 271. A bill to amend the Internal KERRY that reduces from 39 to 15 years Revenue Code of 1986 to provide a aspect about them. By doubling and making permanent the depreciable life of improvements shorter recovery period for the depre- that are made to retail stores that are ciation of certain improvements to re- the current expensing limit and index- ing these amounts for inflation, this owned by the retailer. Under current tail space; to the Committee on Fi- law, only retailers that lease their bill will achieve two important objec- nance. property are allowed this accelerated tives. First, qualifying businesses will Ms. SNOWE. Mr. President, I rise depreciation, which means it excludes be able to write off more of the equip- today to introduce a series of proposals retailers that also own the property in ment purchases today, instead of wait- that, once enacted, will reduce not which they operate. My bill simply only the amount of taxes that small ing five, seven or more years to recover seeks to provide equal treatment to all businesses pay, but also the adminis- their costs through depreciation. That retailers. trative burdens which saddle small represents substantial savings both in Specifically, this bill will simply con- companies trying to comply with the dollars and in the time small busi- form the tax codes to the realities that tax laws. Small businesses are the en- nesses would otherwise have to spend retailers on Main Street face. Studies gine that drives our Nation’s economy complying with complex and confusing conducted by the Treasury Depart- and I believe these proposals strength- depreciation rules. Moreover, new ment, Congressional Research Service en their ability to lead the way. I am equipment will contribute to continued and private economists have all found pleased to be joined by colleagues from productivity growth in the business that the 39-year depreciation life for both sides of the aisle as we work to community, which economic experts buildings is too long and that the 39- move these important initiatives for have repeatedly stressed is essential to year depreciation life for building im- small businesses from legislation to the long-term vitality of our economy. provements is even worse. Retailers law. Second, as a result of this bill, more generally remodel their stores every A top priority I hear from small busi- businesses will qualify for this benefit five to seven years to reflect changes in nesses across Maine is the need for tax because the phase-out limit will be in- customer base and compete with newer relief. Despite the fact that small busi- creased to $800,000 in new assets pur- stores. Moreover, many improvements nesses are the real job-creators for chases. At the same time, small busi- such as interior partitions, ceiling Maine’s and our Nation’s economy, the ness capital investment will be pump- tiles, restroom accessories, and paint, current tax system is placing an en- ing more money into the economy. may only last a few years before re- tirely unreasonable burden on them This is a win-win for small business quiring replacement. when trying to satisfy their tax obliga- and the economy as a whole and I am This package of proposals are a tre- tions. The current tax code imposes a please to have Senators LOTT, ISAKSON, mendous opportunity to help small en- large, and expensive, burden on all tax- CHAMBLISS, and COLLINS join me as co- terprises succeed by providing an in- payers in terms of satisfying their re- sponsors of this legislation. centive for reinvestment and leaving porting and record-keeping obligations. Another proposal that I am intro- them more of their earnings to do just The problem, though, is that small ducing with Senator LINCOLN, the that. I urge my colleagues to join me companies are disadvantaged most in Small Business Tax Flexibility Act of in supporting these proposals. terms of the money and time spent in 2007, will permit start-up small busi- I ask unanimous consent that the the satisfying their tax obligation. ness owners to use a taxable year other text of these bills be printed in the For example, according to the Small than the calendar year if they gen- RECORD. Business Administration’s Office of Ad- erally earn fewer than $5 million dur- There being no objection, the texts of vocacy, small businesses spend an as- ing the tax year. the bills were ordered to be printed in tounding 8 billion hours each year com- Specifically, the Small Business Tax the RECORD, as follows: plying with government reports. They Flexibility Act of 2007 will permit more S. 269 also spend more than 80 percent of this taxpayers to use the taxable year most Be it enacted by the Senate and House of Rep- time on completing tax forms. What’s suitable to their business cycle. Until resentatives of the United States of America in even more troubling is that companies 1986, businesses could elect the taxable Congress assembled, SECTION 1. INCREASE AND PERMANENT EXTEN- that employ fewer than 20 employees year-end that made the most economic SION FOR EXPENSING FOR SMALL spend nearly $1,304 per employee in tax sense for the business. In 1986, Congress BUSINESS. compliance costs; an amount that is passed legislation requiring partner- (a) IN GENERAL.—Paragraph (1) of section nearly 67 percent more than larger ships and S corporations, many of 179(b) of the Internal Revenue Code of 1986 firms. which are small businesses, to adopt a (relating to dollar limitation) is amended by For that reason, I am introducing a December 31 year-end. The tax code striking ‘‘$25,000 ($100,000 in the case of tax- able years beginning after 2002 and before package of proposals that will provide does provide alternatives to the cal- 2010)’’ and inserting ‘‘$200,000’’. not only targeted, affordable tax relief endar year for small businesses, but (b) INCREASE IN QUALIFYING INVESTMENT AT to small business owners, but also sim- the compliance costs and administra- WHICH PHASEOUT BEGINS.—Paragraph (2) of pler rules under the tax code. By sim- tive burdens associated with these al- section 179(b) of such Code (relating to reduc- plifying the tax code, small business ternatives prove to be too high for tion in limitation) is amended by striking owners will be able to satisfy their tax most small businesses to utilize. ‘‘$200,000 ($400,000 in the case of taxable years obligation in a cheaper, more efficient Meanwhile, C corporations, as large beginning after 2002 and before 2010)’’ and in- serting ‘‘$800,000’’. manner, allowing them to be able to corporations often are, receive much (c) INFLATION ADJUSTMENTS.—Section devote more time and resources to more flexibility in their choice of tax- 179(b)(5)(A) of such Code (relating to infla- their business. able year. A C corporation can adopt tion adjustments) is amended—

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(1) in the matter preceding clause (i)— ‘‘(A) items relating to net profits for the (b) QUALIFIED RETAIL IMPROVEMENT PROP- (A) by striking ‘‘after 2003 and before 2010’’ period beginning on the day after its last fis- ERTY.—Subsection (e) of section 168 of the In- and inserting ‘‘after 2007’’, and cal year-end and ending on the day before ternal Revenue Code of 1986 is amended by (B) by striking ‘‘the $100,000 and $400,000 the beginning of the taxable year determined adding at the end the following new para- amounts’’ and inserting ‘‘the $200,000 and under paragraph (3) shall be includible in in- graph: $800,000 amounts’’, and come ratably over the 4 taxable years fol- ‘‘(8) QUALIFIED RETAIL IMPROVEMENT PROP- (2) in clause (ii), by striking ‘‘calendar year lowing the year of termination, or (if fewer) ERTY.— 2002’’ and inserting ‘‘calendar year 2006’’. the number of taxable years equal to the fis- ‘‘(A) IN GENERAL.—The term ‘qualified re- (d) REVOCATION OF ELECTION.—Section cal years for which the election under this tail improvement property’ means any im- 179(c)(2) of such Code (relating to election ir- section was in effect, and provement to an interior portion of a build- revocable) is amended to read as follows: ‘‘(B) items relating to net losses for such ing which is nonresidential real property if— ‘‘(2) REVOCABILITY OF ELECTION.—Any elec- period shall be deductible in the first taxable ‘‘(i) such portion is open to the general tion made under this section, and any speci- year after the taxable year with respect to public and is used in the trade or business of fication contained in any such election, may which the election terminated. selling tangible personal property or services be revoked by the taxpayer with respect to ‘‘(d) DEFINITIONS.—For purposes of this sec- to the general public; and any property, and such revocation, once tion— ‘‘(ii) such improvement is placed in service made, shall be irrevocable.’’. ‘‘(1) QUALIFIED SMALL BUSINESS.—The term more than 3 years after the date the building (e) OFF-THE-SHELF COMPUTER SOFTWARE.— ‘qualified small business’ means an entity— was first placed in service. Section 179(d)(1)(A)(ii) of such Code (relating ‘‘(A)(i) for which an election under section ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- to section 179 property) is amended by strik- 1362(a) is in effect for the first taxable year CLUDED.—Such term shall not include any ing ‘‘and before 2010’’. or period of such entity and for all subse- improvement for which the expenditure is (f) EFFECTIVE DATE.—The amendments quent years, or attributable to— made by this section shall apply to taxable ‘‘(ii) which is treated as a partnership for ‘‘(i) the enlargement of the building, years beginning after December 31, 2006. the first taxable year or period of such enti- ‘‘(ii) any elevator or escalator, or ty for Federal income tax purposes, ‘‘(iii) the internal structural framework of S. 270 ‘‘(B) which conducts an active trade or the building.’’. Be it enacted by the Senate and House of Rep- business or which would qualify for an elec- (c) REQUIREMENT TO USE STRAIGHT LINE resentatives of the United States of America in tion to amortize start-up expenditures under METHOD.—Paragraph (3) of section 168(b) of Congress assembled, section 195, and the Internal Revenue Code of 1986 is amended SECTION 1. SHORT TITLE. ‘‘(C) which is a start-up business. by adding at the end the following new sub- This Act may be cited as the ‘‘Small Busi- ‘‘(2) START-UP BUSINESS.—For purposes of paragraph: ness Tax Flexibility Act of 2007’’. paragraph (1)(C), an entity shall be treated ‘‘(I) Qualified retail improvement property SEC. 2. QUALIFIED SMALL BUSINESSES ELEC- as a start-up business so long as not more described in subsection (e)(8).’’. TION OF TAXABLE YEAR ENDING IN than 75 percent of the entity is owned by any (d) ALTERNATIVE SYSTEM.—The table con- A MONTH FROM APRIL TO NOVEM- person or persons who previously conducted tained in section 168(g)(3)(B) of the Internal BER. a similar trade or business at any time with- Revenue Code of 1986 is amended by inserting (a) IN GENERAL.—Part I of subchapter E of in the 1-year period ending on the date on after the item relating to subparagraph chapter 1 of the Internal Revenue Code of which such entity is formed. For purposes of (E)(viii) the following new item: 1986 (relating to accounting periods) is the preceding sentence, a person and any ‘‘(E)(ix) ...... 39’’. amended by inserting after section 444 the other person bearing a relationship to such (e) EFFECTIVE DATE.—The amendments following new section: person specified in section 267(b) or 707(b)(1) made by this section shall apply to qualified ‘‘SEC. 444A. QUALIFIED SMALL BUSINESSES ELEC- shall be treated as one person, and sections retail improvement property placed in serv- TION OF TAXABLE YEAR ENDING IN 267(b) and 707(b)(1) shall be applied as if sec- ice after the date of the enactment of this A MONTH FROM APRIL TO NOVEM- tion 267(c)(4) provided that the family of an Act. BER. individual consists of the individual’s spouse ‘‘(a) GENERAL RULE.—A qualified small and the individual’s children under the age By Mr. COLEMAN: business may elect to have a taxable year, of 21. S. 272. A bill to amend Public Law 87– other than the required taxable year, which ‘‘(3) REQUIRED TAXABLE YEAR.—The term 383 to reauthorize appropriations to ends on the last day of any of the months of ‘required taxable year’ has the meaning promote the conservation of migratory April through November (or at the end of an given to such term by section 444(e). waterfowl and to offset or prevent the equivalent annual period (varying from 52 to ‘‘(e) TIERED STRUCTURES.—The Secretary 53 weeks)). shall prescribe rules similar to the rules of serious loss of important wetland and ‘‘(b) YEARS FOR WHICH ELECTION EFFEC- section 444(d)(3) to eliminate abuse of this other waterfowl habitat essential to TIVE.—An election under subsection (a)— section through the use of tiered struc- the preservation of migratory water- ‘‘(1) shall be made not later than the due tures.’’. fowl, and for other purposes; to the date (including extensions thereof) for filing (b) CONFORMING AMENDMENT.—Section Committee on Environment and Public the return of tax for the first taxable year of 444(a)(1) of the Internal Revenue Code of 1986 Works. the qualified small business, and is amended by striking ‘‘section,’’ and insert- Mr. COLEMAN. Mr. President, I ask ‘‘(2) shall be effective for such first taxable ing ‘‘section and section 444A’’. year or period and for all succeeding taxable (c) CLERICAL AMENDMENT.—The table of unanimous consent that the text of the years of such qualified small business until sections for part I of subchapter E of chapter bill I introduce today—to amend Public such election is terminated under subsection 1 of the Internal Revenue Code of 1986 is Law 87–383 to reauthorize appropria- (c). amended by inserting after the item relating tions to promote the conservation of ‘‘(c) TERMINATION.— to section 444 the following new item: migratory waterfowl and to offset or ‘‘(1) IN GENERAL.—An election under sub- ‘‘Sec. 444A. Qualified small businesses elec- prevent the serious loss of important section (a) shall be terminated on the ear- tion of taxable year ending in a wetland and other waterfowl habitat liest of— month from April to Novem- ‘‘(A) the first day of the taxable year fol- ber.’’. essential to preservation of migratory waterfowl, and for other purposes—be lowing the taxable year for which the entity (d) EFFECTIVE DATE.—The amendments fails to meet the gross receipts test, made by this section shall apply to taxable printed in the RECORD. ‘‘(B) the date on which the entity fails to years beginning after December 31, 2006. There being no objection, the text of qualify as an S corporation, or S. 271 the bill was ordered to be printed in ‘‘(C) the date on which the entity termi- Be it enacted by the Senate and House of Rep- the RECORD, as follows: nates. resentatives of the United States of America in S. 272 ‘‘(2) GROSS RECEIPTS TEST.—For purposes of Congress assembled, Be it enacted by the Senate and House of Rep- paragraph (1), an entity fails to meet the SECTION 1. RECOVERY PERIOD FOR DEPRECIA- resentatives of the United States of America in gross receipts test if the entity fails to meet TION OF CERTAIN IMPROVEMENTS Congress assembled, the gross receipts test of section 448(c). TO RETAIL SPACE. SECTION 1. AUTHORIZATION OF FUNDS FOR CON- ‘‘(3) EFFECT OF TERMINATION.—An entity (a) 15-YEAR RECOVERY PERIOD.—Subpara- SERVATION OF MIGRATORY WATER- with respect to which an election is termi- graph (E) of section 168(e)(3) of the Internal FOWL AND HABITAT. nated under this subsection shall determine Revenue Code of 1986 (relating to 15-year The first section of Public Law 87–383 (16 its taxable year for subsequent taxable years property) is amended by striking ‘‘and’’ at U.S.C. 715k–3) is amended— under any other method that would be per- the end of clause (vii), by striking the period (1) by striking ‘‘That in’’ and inserting the mitted under subtitle A. at the end of clause (viii) and inserting ‘‘, following: ‘‘(4) INCOME INCLUSION AND DEDUCTION and’’, and by adding at the end the following ‘‘SECTION 1. AUTHORIZATION OF FUNDS FOR RULES FOR PERIOD AFTER TERMINATION.—If new clause: CONSERVATION OF MIGRATORY WA- the termination of an election under para- ‘‘(ix) any qualified retail improvement TERFOWL HABITAT. graph (1)(A) results in a short taxable year— property.’’. ‘‘(a) IN GENERAL.—In’’;

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S455 (2) by striking ‘‘for the period’’ and all that drugs to newer, higher cost drugs. How- ica’s seniors. The time has come for follows through the end of the sentence and ever, rapidly increasing drug prices are concerted action in this arena. I urge inserting ‘‘$400,000,000 for the period of fiscal a critical component. my colleagues to move this legislation years 2008 through 2017.’’; and High drug prices, combined with the forward promptly. (3) by adding at the end the following: surging older population, are also tak- ‘‘(b) ADVANCE TO MIGRATORY BIRD CON- I ask unanimous consent that the SERVATION FUND.—Funds appropriated pursu- ing a toll on State budgets and private text of the bill be printed in the ant to this Act shall be treated as an ad- sector health insurance benefits. Med- RECORD. vance, without interest, to the Migratory icaid spending on prescription drugs There being no objection, the text of Bird Conservation Fund. rose by 7.5 percent between 2004 and the bill was ordered to be printed in ‘‘(c) REPAYMENT TO TREASURY.— 2005. Until lower priced drugs are avail- the RECORD, as follows: ‘‘(1) IN GENERAL.—Effective beginning July able, pressures will continue to squeeze S. 273 1, 2008, funds appropriated pursuant to this public programs at both the State and Act shall be repaid to the Treasury out of Be it enacted by the Senate and House of Rep- the Migratory Bird Conservation Fund. Federal level. resentatives of the United States of America in Congress assembled, ‘‘(2) AMOUNTS.—Repayment under this sub- To address these problems, my legis- section shall be made in annual amounts lation would reduce the high prices of SECTION 1. SHORT TITLE. that are equal to the funds accruing annu- prescription drugs to seniors by repeal- This Act may be cited as the ‘‘Prescription ally to the Migratory Bird Conservation ing the prohibition against inter- Drug and Health Improvement Act of 2007’’. Fund that are attributable to the portion of ference by the Secretary of Health and SEC. 2. NEGOTIATING FAIR PRICES FOR MEDI- the price of migratory bird hunting stamps CARE PRESCRIPTION DRUGS. Human Services (HHS) with negotia- (a) NEGOTIATING FAIR PRICES.— sold that year that is in excess of $15 per tions between drug manufacturers, stamp.’’. (1) IN GENERAL.—Section 1860D–11 of the pharmacies, and prescription drug plan Social Security Act (42 U.S.C. 1395w–111) is SEC. 2. SENSE OF CONGRESS REGARDING THE USE OF CERTAIN FUNDS. sponsors and instead authorize the Sec- amended by striking subsection (i) (relating It is the sense of Congress that— retary to negotiate contracts with to noninterference) and by inserting the fol- (1) the funds provided pursuant to the manufacturers of covered prescription lowing: amendments made by this Act— drugs. It will allow the Secretary to ‘‘(i) AUTHORITY TO NEGOTIATE PRICES WITH MANUFACTURERS.—In order to ensure that (A) should be used for preserving and in- use Medicare’s large beneficiary popu- creasing waterfowl populations in accord- beneficiaries enrolled under prescription lation to leverage bargaining power to drug plans and MA–PD plans pay the lowest ance with the goals and objectives of the obtain lower prescription drug prices North American Waterfowl Management possible price, the Secretary shall have au- Plan; and for Medicare beneficiaries. thority similar to that of other Federal enti- (B) to that end, should be used to supple- Price negotiations between the Sec- ties that purchase prescription drugs in bulk ment and not replace current conservation retary of HHS and prescription drug to negotiate contracts with manufacturers of funding, including funding for other Federal manufacturers would be analogous to covered part D drugs, consistent with the re- and State habitat conservation programs; the ability of the Secretary of Veterans quirements and in furtherance of the goals of and Affairs to negotiate prescription drug providing quality care and containing costs under this part.’’. (2) this Act and the amendments made by prices with manufacturers. This bar- this Act should be implemented in a manner (2) EFFECTIVE DATE.—The amendment gaining power enables veterans to re- made by paragraph (1) shall take effect on that helps private landowners achieve long- ceive prescription drugs at a signifi- term land use objectives in a manner that the date of enactment of this Act. (b) HHS REPORTS COMPARING NEGOTIATED enhances the conservation of wetland and cant cost savings. According to the Na- PRESCRIPTION DRUG PRICES AND RETAIL PRE- wildlife habitat. tional Association of Chain Drug Stores, the average ‘‘cash cost’’ of a SCRIPTION DRUG PRICES.—Beginning in 2008, By Mr. SPECTER: prescription in 2005 was $51.89. The av- the Secretary of Health and Human Services S. 273. A bill to amend part D of title shall regularly, but in no case less often than erage cost in the Veterans Affairs (VA) quarterly, submit to Congress a report that XVIII of the Social Security Act to au- health care system in fiscal year 2006 compares the prices for covered part D drugs thorize the Secretary of Health and was $28.61. (as defined in section 1860D–2(e) of the Social Human Services to negotiate for lower In the 108th Congress, in my capacity Security Act (42 U.S.C. 1395w–102(e)) nego- prices for Medicare prescription drugs; as chairman of the Veterans’ Affairs tiated by the Secretary pursuant to section to the Committee on Finance. Committee, I introduced the Veterans 1860D–11(i) of such Act (42 U.S.C. 1395w– Mr. SPECTER. Mr. President, I have Prescription Drugs Assistance Act, S. 111(i)), as amended by subsection (a), with sought recognition today to introduce 1153, which was reported out of com- the average price a retail pharmacy would the Prescription Drug and Health Im- mittee, but was not considered before charge an individual who does not have health insurance coverage for purchasing the provement Act of 2007 to reduce the the full Senate. In the 109th Congress, same strength, quantity, and dosage form of high prices of prescription drugs for I again introduced the Veterans Pre- such covered part D drug. Medicare beneficiaries. I introduced a scription Drugs Assistance Act, S. 614, similar version of this bill in the 108th which was not reported out of com- By Mr. AKAKA (for himself, Ms. and the 109th Congress, S. 2766 and S. mittee. COLLINS, Mr. GRASSLEY, Mr. 813, respectively. This legislation will broaden the LEVIN, Mr. LIEBERMAN, Mr. Americans, specifically senior citi- ability of veterans to access the Vet- LEAHY, Mr. VOINOVICH, Mr. CAR- zens, pay the highest prices in the erans Affairs’ Prescription Drug Pro- PER, Mr. DURBIN, Mr. PRYOR, world for brand-name prescription gram. Under my bill, all Medicare-eli- and Mr. LAUTENBERG): drugs. With 46.6 million uninsured gible veterans will be able to purchase S. 274. A bill to amend chapter 23 of Americans and many more senior citi- medications at a tremendous price re- title 5, United States Code, to clarify zens without an adequate prescription duction through the Veterans Affairs’ the disclosures of information pro- drug benefit, filling a doctor’s prescrip- Prescription Drug Program. In many tected from prohibited personnel prac- tion is unaffordable for many people in cases, this will save veterans who are tices, require a statement in nondisclo- this country. The United States has Medicare beneficiaries up to 50 percent sure policies, forms, and agreements the greatest health care system in the on the cost of prescribed medications, a that such policies, forms, and agree- world; however, too many seniors are significant savings for veterans. Simi- ments conform with certain disclosure forced to make difficult choices be- lar savings may be available to Amer- protections, provide certain authority tween life-sustaining prescription ica’s seniors from the savings achieved for the Special Counsel, and for other drugs and daily necessities. using the HHS bargaining power, like purposes; to the Committee on Home- The Centers for Medicare and Med- the Veterans Affairs bargaining power land Security and Governmental Af- icaid Services report that in 2005, per for the benefit of veterans. These sav- fairs. capita spending on prescription drugs ings may provide America’s seniors Mr. AKAKA. Mr. President, today I rose approximately 7 percent, with a with fiscal relief from the increasing rise to reintroduce the Federal Em- similar rate of growth expected for this costs of prescription drugs. ployee Protection of Disclosures Act, year. Much of the increase in drug I believe this bill can provide des- which will make much needed changes spending is due to higher utilization perately needed access to inexpensive, to the Whistleblower Protection Act, and the shift from older, lower cost effective prescription drugs for Amer- WPA. I am pleased once again to be

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S456 CONGRESSIONAL RECORD — SENATE January 11, 2007 joined in this effort by Senators COL- I ask unanimous consent that the shall be made by determining whether a dis- LINS, GRASSLEY, LEVIN, LIEBERMAN, text of the legislation be printed in the interested observer with knowledge of the es- sential facts known to and readily ascertain- LEAHY, VOINOVICH, CARPER, DURBIN, RECORD. able by the employee could reasonably con- PRYOR, and LAUTENBERG. There being no objection, the text of clude that the actions of the Government Senator LEVIN and I first introduced the bill was ordered to be printed in evidence such violations, mismanagement, this legislation in 2000. In the House, the RECORD, as follows: waste, abuse, or danger.’’. Representatives HENRY WAXMAN and S. 274 (e) NONDISCLOSURE POLICIES, FORMS, AND TOM DAVIS, the chairman and ranking Be it enacted by the Senate and House of Rep- AGREEMENTS; SECURITY CLEARANCES; AND RE- TALIATORY INVESTIGATIONS.— member of the House Government Re- resentatives of the United States of America in (1) PERSONNEL ACTION.—Section Congress assembled, form Committee, and Representative 2302(a)(2)(A) of title 5, United States Code, is TODD PLATTS, who has sponsored com- SECTION 1. PROTECTION OF CERTAIN DISCLO- amended— panion legislation since 2003, have been SURES OF INFORMATION BY FED- ERAL EMPLOYEES. (A) in clause (x), by striking ‘‘and’’ after the semicolon; and working to enact strong whistleblower (a) SHORT TITLE.—This Act may be cited as (B) by redesignating clause (xi) as clause protections. the ‘‘Federal Employee Protection of Disclo- (xiv) and inserting after clause (x) the fol- Over the years, we’ve worked to edu- sures Act’’. lowing: (b) CLARIFICATION OF DISCLOSURES COV- cate our colleagues on the need to ‘‘(xi) the implementation or enforcement ERED.—Section 2302(b)(8) of title 5, United strengthen the WPA and build con- of any nondisclosure policy, form, or agree- States Code, is amended— sensus for the legislation. I’m espe- ment; (1) in subparagraph (A)— cially pleased that last year our bill ‘‘(xii) a suspension, revocation, or other de- (A) by striking ‘‘which the employee or ap- termination relating to a security clearance passed the Senate by unanimous con- plicant reasonably believes evidences’’ and or any other access determination by a cov- sent as an amendment to the fiscal inserting ‘‘, without restriction to time, year 2007 Defense Authorization Act. ered agency; place, form, motive, context, or prior disclo- ‘‘(xiii) an investigation, other than any While the measure was removed with sure made to any person by an employee or ministerial or nondiscretionary fact finding other non-defense specific material in applicant, including a disclosure made in the activities necessary for the agency to per- conference, I believe the Senate’s ac- ordinary course of an employee’s duties, that form its mission, of an employee or appli- tion will provide the momentum to the employee or applicant reasonably be- cant for employment because of any activity make a real difference for Federal lieves is evidence of’’; and protected under this section; and’’ (B) in clause (i), by striking ‘‘a violation’’ whistleblowers in the 110th Congress. (2) PROHIBITED PERSONNEL PRACTICE.—Sec- and inserting ‘‘any violation’’; and tion 2302(b) of title 5, United States Code, is We agree that to ensure the success (2) in subparagraph (B)— amended— of any government program there must (A) by striking ‘‘which the employee or ap- (A) in paragraph (11), by striking ‘‘or’’ at be appropriate checks in place to weed plicant reasonably believes evidences’’ and the end; out mismanagement and wasteful inserting ‘‘, without restriction to time, (B) in paragraph (12), by striking the pe- spending. A strong and vibrant WPA is place, form, motive, context, or prior disclo- riod and inserting a semicolon; and a critical tool in saving taxpayer sure made to any person by an employee or (C) by inserting after paragraph (12) the applicant, including a disclosure made in the following: money and ensuring an open govern- ordinary course of an employee’s duties, of ment. ‘‘(13) implement or enforce any nondisclo- information that the employee or applicant sure policy, form, or agreement, if such pol- The Federal Employee Protection of reasonably believes is evidence of’’; and icy, form, or agreement does not contain the Disclosures Act addresses many court (B) in clause (i), by striking ‘‘a violation’’ following statement: ‘These provisions are decisions that have eroded protections and inserting ‘‘any violation (other than a consistent with and do not supersede, con- for Federal employees and have ig- violation of this section)’’. flict with, or otherwise alter the employee nored congressional intent. Our legisla- (c) COVERED DISCLOSURES.—Section obligations, rights, or liabilities created by 2302(a)(2) of title 5, United States Code, is tion ensures that Federal whistle- Executive Order No. 12958; section 7211 of amended— title 5, United States Code (governing disclo- blowers are protected from retaliatory (1) in subparagraph (B)(ii), by striking sures to Congress); section 1034 of title 10, action when notifying the public and ‘‘and’’ at the end; United States Code (governing disclosure to government leaders of waste, fraud, (2) in subparagraph (C)(iii), by striking the Congress by members of the military); sec- and abuse. If we fail to protect whistle- period at the end and inserting ‘‘; and’’; and tion 2302(b)(8) of title 5, United States Code blowers, then our efforts to improve (3) by adding at the end the following: (governing disclosures of illegality, waste, government management, protect the ‘‘(D) ‘disclosure’ means a formal or infor- fraud, abuse, or public health or safety public, and secure the nation will also mal communication or transmission, but threats); the Intelligence Identities Protec- does not include a communication con- tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- fail. cerning policy decisions that lawfully exer- erning disclosures that could expose con- The legislation: clarifies congres- cise discretionary authority unless the em- fidential Government agents); and the stat- sional intent that Federal employees ployee providing the disclosure reasonably utes which protect against disclosures that are protected for any disclosure of believes that the disclosure evidences— could compromise national security, includ- waste, fraud, or abuse—including those ‘‘(i) any violation of any law, rule, or regu- ing sections 641, 793, 794, 798, and 952 of title made as part of an employee’s job du- lation; or 18, United States Code, and section 4(b) of ties; provides an independent deter- ‘‘(ii) gross mismanagement, a gross waste the Subversive Activities Control Act of 1950 of funds, an abuse of authority, or a substan- (50 U.S.C. 783(b)). The definitions, require- mination as to whether the loss or de- tial and specific danger to public health or ments, obligations, rights, sanctions, and li- nial of a security clearance is retalia- safety.’’. abilities created by such Executive order and tion against a whistleblower; and sus- (d) REBUTTABLE PRESUMPTION.—Section such statutory provisions are incorporated pends the Federal Circuit Court of Ap- 2302(b) of title 5, United States Code, is into this agreement and are controlling’; or peals’ sole jurisdiction over Federal amended by amending the matter following ‘‘(14) conduct, or cause to be conducted, an employee whistleblower cases for 5 paragraph (12) to read as follows: investigation, other than any ministerial or years, which would ensure a fuller re- ‘‘This subsection shall not be construed to nondiscretionary fact finding activities nec- view of a whistleblower’s claim. authorize the withholding of information essary for the agency to perform its mission, of an employee or applicant for employment Given that the United States will be from Congress or the taking of any personnel action against an employee who discloses in- because of any activity protected under this fighting the war on terror for years to formation to Congress, except that an em- section.’’. come and that funding such operations ployee or applicant may be disciplined for (3) BOARD AND COURT REVIEW OF ACTIONS RE- requires significant resources, it is im- the disclosure of information described in LATING TO SECURITY CLEARANCES.— perative that government funds are paragraph (8)(C)(i) to a Member or employee (A) IN GENERAL.—Chapter 77 of title 5, spent wisely. That is why Federal em- of Congress who is not authorized to receive United States Code, is amended by inserting ployees must be confident that they such information. For purposes of paragraph after section 7702 the following: can disclose government waste, fraud, (8), a determination as to whether an em- ‘‘§ 7702a. Actions relating to security clear- and abuse without fear of retaliation. ployee or applicant reasonably believes that ances they have disclosed information that evi- ‘‘(a) In any appeal relating to the suspen- Restoring credibility to the WPA is no dences any violation of law, rule, regulation, sion, revocation, or other determination re- less than a necessity. I look forward to gross mismanagement, a gross waste of lating to a security clearance or access de- working with my colleagues to pass funds, an abuse of authority, or a substantial termination, the Merit Systems Protection this critical legislation. and specific danger to public health or safety Board or any reviewing court—

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S457 ‘‘(1) shall determine whether paragraph (8) ‘‘(B) In any case in which the Board finds its decision, and such petition is denied. In or (9) of section 2302(b) was violated; that an employee has committed a prohib- addition to the named respondent, the Board ‘‘(2) may not order the President or the ited personnel practice under paragraph (8) and all other parties to the proceedings be- designee of the President to restore a secu- or (9) of section 2302(b), the Board shall im- fore the Board shall have the right to appear rity clearance or otherwise reverse a deter- pose disciplinary action if the Board finds in the proceeding before the Court of Ap- mination of clearance status or reverse an that the activity protected under paragraph peals. The granting of the petition for judi- access determination; and (8) or (9) of section 2302(b) was a significant cial review shall be at the discretion of the ‘‘(3) subject to paragraph (2), may issue de- motivating factor, even if other factors also Court of Appeals. claratory relief and any other appropriate motivated the decision, for the employee’s ‘‘(2) During the 5-year period beginning on relief. decision to take, fail to take, or threaten to the effective date of the Federal Employee ‘‘(b)(1) If, in any final judgment, the Board take or fail to take a personnel action, un- Protection of Disclosures Act, this para- or court declares that any suspension, rev- less that employee demonstrates, by prepon- graph shall apply to any review relating to ocation, or other determination with regard derance of evidence, that the employee paragraph (8) or (9) of section 2302(b) ob- to a security clearance or access determina- would have taken, failed to take, or threat- tained by the Director of the Office of Per- tion was made in violation of paragraph (8) ened to take or fail to take the same per- sonnel Management. The Director of the Of- fice of Personnel Management may obtain or (9) of section 2302(b), the affected agency sonnel action, in the absence of such pro- review of any final order or decision of the shall conduct a review of that suspension, tected activity.’’. Board by filing, within 60 days after the date revocation, access determination, or other (i) SPECIAL COUNSEL AMICUS CURIAE AP- the Director received notice of the final determination, giving great weight to the PEARANCE.—Section 1212 of title 5, United Board or court judgment. States Code, is amended by adding at the end order or decision of the Board, a petition for ‘‘(2) Not later than 30 days after any Board the following: judicial review in the United States Court of or court judgment declaring that a security ‘‘(h)(1) The Special Counsel is authorized Appeals for the Federal Circuit or any court clearance suspension, revocation, access de- to appear as amicus curiae in any action of appeals of competent jurisdiction as pro- termination, or other determination was brought in a court of the United States re- vided under subsection (b)(2) if the Director made in violation of paragraph (8) or (9) of lated to any civil action brought in connec- determines, in his discretion, that the Board erred in interpreting paragraph (8) or (9) of section 2302(b), the affected agency shall tion with section 2302(b) (8) or (9), or sub- section 2302(b). If the Director did not inter- issue an unclassified report to the congres- chapter III of chapter 73, or as otherwise au- sional committees of jurisdiction (with a vene in a matter before the Board, the Direc- thorized by law. In any such action, the Spe- classified annex if necessary), detailing the tor may not petition for review of a Board cial Counsel is authorized to present the circumstances of the agency’s security clear- decision under this section unless the Direc- views of the Special Counsel with respect to ance suspension, revocation, other deter- tor first petitions the Board for a reconsider- compliance with section 2302(b) (8) or (9) or mination, or access determination. A report ation of its decision, and such petition is de- under this paragraph shall include any pro- subchapter III of chapter 73 and the impact nied. In addition to the named respondent, posed agency action with regard to the secu- court decisions would have on the enforce- the Board and all other parties to the pro- rity clearance or access determination. ment of such provisions of law. ceedings before the Board shall have the ‘‘(c) An allegation that a security clear- ‘‘(2) A court of the United States shall right to appear in the proceeding before the ance or access determination was revoked or grant the application of the Special Counsel court of appeals. The granting of the petition suspended in retaliation for a protected dis- to appear in any such action for the purposes for judicial review shall be at the discretion closure shall receive expedited review by the described in subsection (a).’’. of the Court of Appeals.’’. Office of Special Counsel, the Merit Systems (j) JUDICIAL REVIEW.— (k) NONDISCLOSURE POLICIES, FORMS, AND Protection Board, and any reviewing court. (1) IN GENERAL.—Section 7703(b)(1) of title AGREEMENTS.— ‘‘(d) For purposes of this section, correc- 5, United States Code, is amended to read as (1) IN GENERAL.— tive action may not be ordered if the agency follows: (A) REQUIREMENT.—Each agreement in demonstrates by a preponderance of the evi- ‘‘(b)(1)(A) Except as provided in subpara- Standard Forms 312 and 4414 of the Govern- dence that it would have taken the same per- graph (B) and paragraph (2), a petition to re- ment and any other nondisclosure policy, sonnel action in the absence of such disclo- view a final order or final decision of the form, or agreement of the Government shall sure.’’. Board shall be filed in the United States contain the following statement: ‘‘These re- (B) TECHNICAL AND CONFORMING AMEND- Court of Appeals for the Federal Circuit. strictions are consistent with and do not su- MENT.—The table of sections for chapter 77 of Notwithstanding any other provision of law, persede, conflict with, or otherwise alter the title 5, United States Code, is amended by in- any petition for review must be filed within employee obligations, rights, or liabilities serting after the item relating to section 7702 60 days after the date the petitioner received created by Executive Order No. 12958; section the following: notice of the final order or decision of the 7211 of title 5, United States Code (governing ‘‘7702a. Actions relating to security clear- Board. disclosures to Congress); section 1034 of title ances.’’. ‘‘(B) During the 5-year period beginning on 10, United States Code (governing disclosure the effective date of the Federal Employee (f) EXCLUSION OF AGENCIES BY THE PRESI- to Congress by members of the military); Protection of Disclosures Act, a petition to DENT.—Section 2302(a)(2)(C) of title 5, United section 2302(b)(8) of title 5, United States review a final order or final decision of the States Code, is amended by striking clause Code (governing disclosures of illegality, Board in a case alleging a violation of para- (ii) and inserting the following: waste, fraud, abuse or public health or safety graph (8) or (9) of section 2302(b) shall be filed ‘‘(ii)(I) the Federal Bureau of Investiga- threats); the Intelligence Identities Protec- in the United States Court of Appeals for the tion, the Central Intelligence Agency, the tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- Defense Intelligence Agency, the National Federal Circuit or any court of appeals of erning disclosures that could expose con- Imagery and Mapping Agency, the National competent jurisdiction as provided under fidential Government agents); and the stat- Security Agency; and subsection (b)(2).’’. utes which protect against disclosure that ‘‘(II) as determined by the President, any (2) REVIEW OBTAINED BY OFFICE OF PER- may compromise the national security, in- executive agency or unit thereof the prin- SONNEL MANAGEMENT.—Section 7703(d) of cluding sections 641, 793, 794, 798, and 952 of cipal function of which is the conduct of for- title 5, United States Code, is amended to title 18, United States Code, and section 4(b) eign intelligence or counterintelligence ac- read as follows: of the Subversive Activities Act of 1950 (50 ‘‘(d)(1) Except as provided under paragraph tivities, if the determination (as that deter- U.S.C. 783(b)). The definitions, requirements, (2), this paragraph shall apply to any review mination relates to a personnel action) is obligations, rights, sanctions, and liabilities made before that personnel action; or’’. obtained by the Director of the Office of Per- created by such Executive order and such (g) ATTORNEY FEES.—Section 1204(m)(1) of sonnel Management. The Director of the Of- statutory provisions are incorporated into title 5, United States Code, is amended by fice of Personnel Management may obtain this agreement and are controlling.’’. striking ‘‘agency involved’’ and inserting review of any final order or decision of the (B) ENFORCEABILITY.—Any nondisclosure ‘‘agency where the prevailing party is em- Board by filing, within 60 days after the date policy, form, or agreement described under ployed or has applied for employment’’. the Director received notice of the final subparagraph (A) that does not contain the (h) DISCIPLINARY ACTION.—Section order or decision of the Board, a petition for statement required under subparagraph (A) 1215(a)(3) of title 5, United States Code, is judicial review in the United States Court of may not be implemented or enforced to the amended to read as follows: Appeals for the Federal Circuit if the Direc- extent such policy, form, or agreement is in- ‘‘(3)(A) A final order of the Board may im- tor determines, in his discretion, that the consistent with that statement. pose— Board erred in interpreting a civil service (2) PERSONS OTHER THAN GOVERNMENT EM- ‘‘(i) disciplinary action consisting of re- law, rule, or regulation affecting personnel PLOYEES.—Notwithstanding paragraph (1), a moval, reduction in grade, debarment from management and that the Board’s decision nondisclosure policy, form, or agreement Federal employment for a period not to ex- will have a substantial impact on a civil that is to be executed by a person connected ceed 5 years, suspension, or reprimand; service law, rule, regulation, or policy direc- with the conduct of an intelligence or intel- ‘‘(ii) an assessment of a civil penalty not to tive. If the Director did not intervene in a ligence-related activity, other than an em- exceed $1,000; or matter before the Board, the Director may ployee or officer of the United States Gov- ‘‘(iii) any combination of disciplinary ac- not petition for review of a Board decision ernment, may contain provisions appropriate tions described under clause (i) and an as- under this section unless the Director first to the particular activity for which such doc- sessment described under clause (ii). petitions the Board for a reconsideration of ument is to be used. Such form or agreement

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S458 CONGRESSIONAL RECORD — SENATE January 11, 2007 shall, at a minimum, require that the person ico but, until this discovery, there were (1) MONUMENT.—The term ‘‘Monument’’ will not disclose any classified information few places where the range of life and means the Prehistoric Trackways National received in the course of such activity unless their interactions with each other Monument established by section 4(a). specifically authorized to do so by the could be studied. (2) PUBLIC LAND.—The term ‘‘public land’’ United States Government. Such nondisclo- has the meaning given the term ‘‘public sure forms shall also make it clear that such Las Cruces resident Jerry MacDonald lands’’ in section 103 of the Federal Land forms do not bar disclosures to Congress or first brought the find to light in 1988 Policy and Management Act of 1976 (43 to an authorized official of an executive when he revealed that there was far U.S.C. 1702). agency or the Department of Justice that more to be found in the Robledos than (3) SECRETARY.—The term ‘‘Secretary’’ are essential to reporting a substantial vio- the occasional fossil that local resi- means the Secretary of the Interior. lation of law. dents had been seeing for years. The SEC. 3. FINDINGS. (l) CLARIFICATION OF WHISTLEBLOWER trackways he hauled out on his back, Congress finds that— (1) in 1987, a major deposit of Paleozoic Era RIGHTS FOR CRITICAL INFRASTRUCTURE INFOR- some over 20 feet long, showed that MATION.—Section 214(c) of the Homeland Se- fossilized footprint megatrackways was dis- curity Act of 2002 (6 U.S.C. 133(c)) is amended there was a great deal of useful infor- covered in the Robledo Mountains in south- by adding at the end the following: ‘‘For pur- mation buried in the rock there. These ern New Mexico; poses of this section a permissible use of trackways help complete the puzzle of (2) the trackways contain footprints of nu- independently obtained information includes how these ancient creatures lived in a merous amphibians, reptiles, and insects (in- the disclosure of such information under sec- way that we cannot understand from cluding previously unknown species), plants, tion 2302(b)(8) of title 5, United States only studying their fossilized bones. and petrified wood dating back approxi- mately 280,000,000 years, which collectively Code.’’. Senator DOMENICI and Representative provide new opportunities to understand ani- (m) ADVISING EMPLOYEES OF RIGHTS.—Sec- Skeen joined me in creating legisla- tion 2302(c) of title 5, United States Code, is mal behaviors and environments from a time amended by inserting ‘‘, including how to tion, passed in 1990, to protect the area predating the dinosaurs; make a lawful disclosure of information that and study its scientific value. In 1994, (3) title III of Public Law 101–578 (104 Stat. is specifically required by law or Executive scientists from the New Mexico Mu- 2860)— order to be kept secret in the interest of na- seum of Natural History and Science, (A) provided interim protection for the site tional defense or the conduct of foreign af- the University of Colorado, and the at which the trackways were discovered; and fairs to the Special Counsel, the Inspector Smithsonian Institution completed (B) directed the Secretary of the Interior General of an agency, Congress, or other to— their study and documented the signifi- (i) prepare a study assessing the signifi- agency employee designated to receive such cant scientific value of the find. Par- disclosures’’ after ‘‘chapter 12 of this title’’. cance of the site; and (n) SCOPE OF DUE PROCESS.— ticularly owing to the quality of the (ii) based on the study, provide rec- (1) SPECIAL COUNSEL.—Section specimens and the wide range of ani- ommendations for protection of the paleon- 1214(b)(4)(B)(ii) of title 5, United States Code, mals that had left their imprint there tological resources at the site; is amended by inserting ‘‘, after a finding the study found that the site was of (4) the Bureau of Land Management com- that a protected disclosure was a contrib- immense scientific value. The study pleted the Paleozoic Trackways Scientific uting factor,’’ after ‘‘ordered if’’. concluded, in part, ‘‘[t]he diversity, Study Report in 1994, which characterized (2) INDIVIDUAL ACTION.—Section 1221(e)(2) of the site as containing ‘‘the most scientif- abundance and quality of the tracks in ically significant Early Permian tracksites’’ title 5, United States Code, is amended by in- the Robledo Mountains is far greater serting ‘‘, after a finding that a protected in the world; disclosure was a contributing factor,’’ after than at any other known tracksite or (5) despite the conclusion of the study and ‘‘ordered if’’. aggregation of tracksites. Because of the recommendations for protection, the site (o) EFFECTIVE DATE.—This Act shall take this, the Robledo tracks allow a wide remains unprotected and many irreplaceable effect 30 days after the date of enactment of range of scientific problems regarding trackways specimens have been lost to van- this Act. late Paleozoic tracks to be solved that dalism or theft; and could not be solved before.’’ This bill (6) designation of the trackways site as a By Mr. BINGAMAN (for himself National Monument would protect the would take the next logical step to fol- unique fossil resources for present and future and Mr. DOMENICI): low up from these efforts and set in S. 275. A bill to establish the Pre- generations while allowing for public edu- place permanent protections and allow cation and continued scientific research op- historic Trackways National Monu- for scientific investigation of these re- portunities. ment in the State of New Mexico; to markable resources. SEC. 4. ESTABLISHMENT. the Committee on Energy and Natural In addition to permanently pro- (a) IN GENERAL.—In order to conserve, pro- Resources. tecting the fossils for the scientific tect, and enhance the unique and nationally Mr. BINGAMAN. Mr. President, I’m community the bill would make it a important paleontological, scientific, edu- pleased to reintroduce today with Sen- cational, scenic, and recreational resources priority that local residents get the op- and values of the public land described in ator DOMENICI a bill we introduced last portunity to see these unique speci- Congress. The Prehistoric Trackways subsection (b), there is established the Pre- mens and participate in their curation. historic Trackways National Monument in National Monument Establishment Act This should provide a unique scientific the State of New Mexico. would protect a site of worldwide sci- and educational opportunity to Las (b) DESCRIPTION OF LAND.—The Monument entific significance in the Robledo Cruces and the surrounding commu- shall consist of approximately 5,367 acres of Mountains in my State. The bill would public land in Don˜ a Ana County, New Mex- nity. ico, as generally depicted on the map enti- create a national monument to pre- I look forward to working with my serve and allow for the continuing sci- tled ‘‘Prehistoric Trackways National Monu- colleagues to protect these important ment’’ and dated June 1, 2006. entific investigation of this remark- resources and allow for their con- (c) MAP; LEGAL DESCRIPTION.— able ‘‘megatracksite’’ of 280,000,000 tinuing contribution to our under- (1) IN GENERAL.—As soon as practicable year-old fossils. The Energy Com- standing of life on the ancient earth. after the date of enactment of this Act, the mittee held a hearing last year where I ask unanimous consent that the Secretary shall prepare and submit to Con- the Bureau of Land Management testi- gress an official map and legal description of text of the bill be printed in the the Monument. fied in support; in addition the bill has RECORD. the support of the local community. I (2) CORRECTIONS.—The map and legal de- There being no objection, the text of scription submitted under paragraph (1) shall appreciate Senator DOMENICI’s support the bill was ordered to be printed in have the same force and effect as if included on this measure and hope that with the the RECORD, as follows: in this Act, except that the Secretary may progress we made last Congress we can S. 275 correct any clerical or typographical errors look forward to moving the bill quick- in the legal description and the map. Be it enacted by the Senate and House of Rep- (3) CONFLICT BETWEEN MAP AND LEGAL DE- ly through the Senate this year. resentatives of the United States of America in SCRIPTION.—In the case of a conflict between The vast tidal mudflats that made up Congress assembled, the map and the legal description, the map much of modern New Mexico 60 million SECTION 1. SHORT TITLE. years before the dinosaurs preserved shall control. This Act may be cited as the ‘‘Prehistoric (4) AVAILABILITY OF MAP AND LEGAL DE- the marks of some of the earliest life Trackways National Monument Establish- SCRIPTION.—Copies of the map and legal de- on our planet to make its way out of ment Act’’. scription shall be on file and available for the ocean. The fossil record of this SEC. 2. DEFINITIONS. public inspection in the appropriate offices time is scattered throughout New Mex- In this Act: of the Bureau of Land Management.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S459 (d) MINOR BOUNDARY ADJUSTMENTS.—If ad- emergency, the use of motorized vehicles in tion, and I support the intent of this ditional paleontological resources are dis- the Monument shall be allowed only on roads bill. While I am very supportive of the covered on public land adjacent to the Monu- and trails designated for use by motorized overall goal to protect these pre- ment after the date of enactment of this Act, vehicles under the management plan pre- the Secretary may make minor boundary ad- pared under subsection (b). historic trackway sites, there are sev- justments to the Monument to include the (2) PERMITTED EVENTS.—The Secretary eral particulars in this bill that I do resources in the Monument. may issue permits for special recreation not fully embrace and on which I want SEC. 5. ADMINISTRATION. events involving motorized vehicles within to continue to work with Senator (a) MANAGEMENT.— the boundaries of the Monument, including BINGAMAN, such as ensuring that we (1) IN GENERAL.—The Secretary shall man- the ‘‘Chile Challenge’’— authorize all uses in the area that are age the Monument— (A) to the extent the events do not harm not inconsistent with the purposes of (A) in a manner that conserves, protects, paleontological resources; and the bill, and reworking the section re- and enhances the resources and values of the (B) subject to any terms and conditions Monument, including the resources and val- that the Secretary determines to be nec- garding BLM authority with respect to ues described in section 4(a); and essary. hunting activities. As we work through (B) in accordance with— (g) WITHDRAWALS.—Subject to valid exist- the legislative process, I look forward (i) this Act; ing rights, any Federal land within the to working with Senator BINGAMAN to (ii) the Federal Land Policy and Manage- Monument and any land or interest in land accomplish the objective of protecting ment Act of 1976 (43 U.S.C. 1701 et seq.); and that is acquired by the United States for in- the prehistoric trackway sites, while at (iii) other applicable laws. clusion in the Monument after the date of enactment of this Act are withdrawn from— the same time addressing some of the (2) NATIONAL LANDSCAPE CONSERVATION SYS- broader Federal land issues in Dona TEM.—The Monument shall be managed as a (1) entry, appropriation, or disposal under component of the National Landscape Con- the public land laws; Ana County. servation System. (2) location, entry, and patent under the (3) PROTECTION OF RESOURCES AND VAL- mining laws; and By Mrs. FEINSTEIN (for herself UES.—The Secretary shall manage public (3) operation of the mineral leasing laws, and Mr. SESSIONS): land adjacent to the Monument in a manner geothermal leasing laws, and minerals mate- S. 276. A bill to strengthen the con- that is consistent with the protection of the rials laws. sequences of the fraudulent use of resources and values of the Monument. (h) GRAZING.—The Secretary may allow United States or foreign passports and grazing to continue in any area of the Monu- (b) MANAGEMENT PLAN.— for other purposes; to the Committee (1) IN GENERAL.—Not later than 3 years ment in which grazing is allowed before the date of enactment of this Act, subject to ap- on the Judiciary. after the date of enactment of this Act, the Mrs. FEINSTEIN. Mr. President, Secretary shall develop a comprehensive plicable laws (including regulations). (i) HUNTING.— management plan for the long-term protec- Senator SESSIONS and I are introducing (1) IN GENERAL.—Nothing in this Act di- tion and management of the Monument. legislation today that will enhance our minishes the jurisdiction of the State of New (2) COMPONENTS.—The management plan national security by expanding and Mexico with respect to fish and wildlife man- under paragraph (1)— strengthening the current passport and agement, including regulation of hunting on (A) shall— public land within the Monument. visa fraud laws. (i) describe the appropriate uses and man- (2) REGULATIONS.—The Secretary, after The Passport and Visa Security Act agement of the Monument, consistent with consultation with the New Mexico Depart- bill adds much needed law to punish the provisions of this Act; and ment of Game and Fish, may issue regula- trafficking in passports and visas and (ii) allow for continued scientific research tions designating zones in which and estab- at the Monument during the development of clarifies the current criminal law. It lishing periods during which hunting shall the management plan; and also punishes those who engage in not be allowed for reasons of public safety, (B) may— schemes to defraud immigrants based administration, or public use and enjoyment. (i) incorporate any appropriate decisions on changes in the immigration law. (j) WATER RIGHTS.—Nothing in this Act contained in any current management or ac- constitutes an express or implied reservation This bill is an improved version of a tivity plan for the land described in section by the United States of any water or water bill Senator SESSIONS and I introduced 4(b); and rights with respect to the Monument. in the 109th Congress. We both have (ii) use information developed in studies of SEC. 6. AUTHORIZATION OF APPROPRIATIONS. long been concerned about the need to any land within or adjacent to the Monu- There are authorized to be appropriated ment that were conducted before the date of strengthen our national security by such sums as are necessary to carry out this strengthening our document fraud enactment of this Act. Act. (c) AUTHORIZED USES.—The Secretary shall laws. only allow uses of the Monument that the Mr. DOMENICI. Mr. President, the In fact, we introduced our passport Secretary determines would further the pur- fossilized trackways near Las Cruces, fraud bill well before the comprehen- poses for which the Monument has been es- New Mexico, in Dona Ana County came sive immigration reform bill was tablished. to my attention in the early 1990’s. passed in the Senate last Spring. (d) INTERPRETATION, EDUCATION, AND SCI- During the 101st Congress, I cospon- ENTIFIC RESEARCH.— For that reason, I was pleased that sored Senator BINGAMAN’s legislation (1) IN GENERAL.—The Secretary shall pro- the comprehensive immigration reform that directed the Bureau of Land Man- vide for public interpretation of, and edu- bill contained important document cation and scientific research on, the paleon- agement to study and report on the fraud provisions. This bill builds on significance of the prehistoric sites tological resources of the Monument, with those provisions. near the Robledo Mountains. priority given to exhibiting and curating the The evidence has shown repeatedly ˜ I believe our Federal lands are truly resources in Dona Ana County, New Mexico. that false immigration documents pro- (2) COOPERATIVE AGREEMENTS.—The Sec- national treasures, and I understand retary may enter into cooperative agree- the challenges we face in managing our vide a gateway for organized crime and ments with appropriate public entities to public lands in a responsible and envi- terrorism. The need to take action carry out paragraph (1). ronmentally sensitive manner. Local against this crime is clear. (e) SPECIAL MANAGEMENT AREAS.— leaders, special interest groups, mul- For too long, the Federal Govern- (1) IN GENERAL.—The establishment of the ment has moved too slowly—or not at Monument shall not change the management tiple users, New Mexico State Univer- sity, and the Bureau of Land Manage- all—to enhance our border security. status of any area within the boundary of According to the 9/11 National Commis- the Monument that is— ment, BLM, have identified many land (A) designated as a wilderness study area issues in the Las Cruces area that need sion Staff Report on Terrorist Travel, and managed in accordance with section to be addressed. The trackways are but prior to September 11, 2001, no agency 603(c) of the Federal Land Policy and Man- one of these issues that can and should of the U.S. government thought of bor- agement Act of 1976 (43 U.S.C. 1782(c)); or be addressed in the context of a broad- der security as a tool in the counter- (B) managed as an area of critical environ- er lands bill. I continue to believe that terrorism arsenal. ment concern. introduction of comprehensive or om- Still today, over five years since the (2) CONFLICT OF LAWS.—If there is a conflict nibus legislation is a preferable ap- tragic attacks on September 11, the between the laws applicable to the areas de- proach, rather than the introduction of Federal Government has failed to de- scribed in paragraph (1) and this Act, the vote sufficient time, technology, per- more restrictive provision shall control. individual bills to deal with each sepa- (f) MOTORIZED VEHICLES.— rate issue. sonnel and resources to make border (1) IN GENERAL.—Except as needed for ad- The trackways are a remarkable re- security a cornerstone of our national ministrative purposes or to respond to an source that need and deserve protec- security policy.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S460 CONGRESSIONAL RECORD — SENATE January 11, 2007 Last year, Congress passed a law to A day later, a Federal grand jury in- agents and prosecutors who enforce our build a border fence. I believe this law dicted him on charges of torture and borders to take swift and strong action was an important first step, but a fence conspiracy involving acts committed against these criminals. alone cannot sufficiently protect our in Liberia in 2002. I ask my colleagues to join Senator vulnerable borders. Emmanuel, also known as Charles SESSIONS and me in supporting this leg- In fact, as the 9/11 Commission report ‘‘Chuckie’’ Taylor and Roy Belfast Jr., islation. demonstrates, individuals with fraudu- was on Interpol’s Most Wanted list and I ask unanimous consent that a bill lent documents can pose a far greater the United Nations travel watch list. summary and the text of this bill be threat to our national security than Nevertheless, he escaped detection by printed in the RECORD. those traveling with no documents at falsifying his passport application, ul- There being no objection, the mate- all. timately gaining easy entry and exit rials were ordered to be printed in the Fraudulent documents give criminals from the United States while he per- RECORD, as follows: free reign to create a new identity and petrated his crimes. THE PASSPORT AND VISA SECURITY ACT to plan and carry out attacks in the Despite evidence that these crimes OF 2007 United States. are widespread and that millions of BILL SUMMARY We know, for example, that at least travel documents are on the black mar- Adds two new crimes to penalize the traf- two of the 9/11 hijackers used passports ket, in 2004, the State Department’s ficking in 10 or more passports or visas and that were altered when they entered Diplomatic Security Service reports creates a 20 year maximum penalty for vio- this country and as many as 15 of the that it made about 500 arrests for pass- lating these provisions. Under current law, 19 hijackers could have been inter- port fraud, with only 300 convictions. there is no specific provision punishing the trafficking of multiple fraudulent documents cepted by border officials, based in part For these reasons, Senator SESSIONS and each document must be prosecuted indi- on their travel documents. and I are introducing a bill today to vidually. The 9/11 Commission Report detailed strengthen current passport and visa Simplifies the language of the current the way the terrorist operatives care- laws in a number of key ways. passport and visa fraud laws, specifically by fully selected the documents they used First, this bill adds two new laws changing the required criminal intent from for travel—most often relying on fraud- with strong penalties to punish those ‘‘knowingly and wilfully’’ to ‘‘knowingly.’’ ulent ones. who traffic in fraudulent travel docu- The maximum penalty for committing these The terrorists altered passports by ments. The current law makes no dis- crimes is amended from 10 years for a first or second offense and 15 years in the case of any substituting photographs, adding false tinction between those caught with other offense to simply 15 years. visas, bleaching stamps, and by sub- multiple false travel documents—the Creates a new crime that would penalize stituting pages. very worst offenders who are often part those who engage in schemes to defraud The terrorists devoted extensive re- of organized crime rings—and those aliens in connection with matters authorized sources to acquiring and manipulating with only one false document. Our bill by or arising under Federal immigration passports—all to avoid detection of would change that. laws. their nefarious activities and objec- The bill also updates the current Clarifies existing law that the maximum travel document fraud laws—using sentence for passport fraud, when used to fa- tives. cilitate a drug trafficking crime, is 20 years; Today, over five years later, Interpol plain language advocated for by the and the maximum sentence for passport reports that they have records of more practitioners that passed the Senate as fraud, when used to facilitate an act of inter- than 12 million stolen and lost travel part of the comprehensive immigration national terrorism is 25 years. (This change documents from 113 different countries. reform bill. is technical, not substantive, as these are These are only the ones we know Thirdly, the bill adds provisions to the maximum penalties already in the indi- about. the current passport and visa fraud vidual sections of the criminal code.) Interpol estimates that 30 to 40 mil- laws to ensure that conspiracies and Adds language to punish conspiracies and attempts to commit passport fraud and other lion travel documents have been stolen attempts to commit these crimes are false document crimes. worldwide. investigated and prosecuted just as vig- Makes explicit that there is We know that over the past few orously as the completed crime. extraterritorial jurisdiction over these of- years, passport and visa forgery has be- Fourth—the bill makes explicit that fenses, so that the United States can pros- come even easier thanks to home com- there is extraterritorial jurisdiction ecute individuals who may have committed a puters, digital photography, scanners over these offenses, so that individuals passport fraud crime while abroad (e.g., the and color laser printing. who counterfeit travel documents law would reach someone who manufactures News articles document that pass- while abroad but are caught trying to fake passports in Cameroon and is arrested in the United States). port and visa fraud has become so lu- enter the United States are still sub- Adds a definitional section to clarify the crative that gangs are offering fran- ject to prosecution. terms used in these laws. chises in the multimillion-dollar scam The bill also directs the U.S. Sen- Directs the U.S. Sentencing Guidelines to forgers. tencing Guidelines Commissions to re- Commissions to reconsider the current low Unfortunately, it’s not only foreign consider the relatively low sentencing sentencing guidelines to reflect the potential passports that can be forged. Forged guidelines to reflect the potential seri- seriousness of these crimes and the changes and fraudulent United States passports ousness of these crimes. made by this bill. Creates a rebuttable presumption that a can be the most dangerous when in the Currently, offenders who engage in person who commits one of these crimes, or wrong hands. passport or visa fraud generally serve who is found to be unlawfully in the country With a U.S. passport, criminals can less than a year imprisonment, pro- after having already been ordered deported, establish American citizenship and viding little incentive for U.S. Attor- is to be detained pending trial. have unlimited access to virtually ney’s Offices to expend scarce resources Adds language directing the Attorney Gen- every country in the world. in prosecuting these crimes. eral to create binding regulations to ensure It’s no surprise, then, that passport Finally, the bill creates a law to pun- that the prosecution of these crimes is in and visa fraud are often linked to ish sham attorneys who cheat immi- keeping with current U.S. treaty obligations relating to refugees (which states that refu- other, very serious crimes in the grants out of thousands of dollars by gees carrying false passports should not be United States and abroad: narcotics preying on their fears that they could prosecuted) without creating a private right trafficking, organized crimes, money be forced to leave the country. We of action to enforce this provision. laundering, human trafficking, and know that when Congress discusses Clarifies that the Diplomatic Security identity theft. changing the immigration law, scam Service (of the State Department) has au- For example, this past December, the artists target and exploit these vulner- thority to investigate these new and revised son of former Liberian President able populations. These crimes should crimes (using the language found in the 109th Charles Taylor, Charles McArthur Em- not go unpunished. Congress Senate passed immigration bill, S. 2611). The Diplomatic Security Service cur- manuel, who headed a violent para- This bill provides much needed re- rently investigates passport fraud, this sec- military unit in his father’s govern- form. It strengthens the security of tion just clarifies their authority to do so. ment, was sentenced in Miami for pass- documents used to illegally gain entry Clarifies that the same statute of limita- port fraud. to this country and empowers the tions (10 years) applies to all of the offenses

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S461 added or modified by this bill—again incor- in an application for a United States pass- ‘‘§ 1545. Schemes to defraud aliens porating language from the 109th Congress port, or mails, prepares, presents, or signs an ‘‘(a) IN GENERAL.—Any person who know- Senate passed immigration bill, S. 2611. application for a United States passport ingly executes a scheme or artifice, in con- knowing the application to contain any false nection with any matter that is authorized S. 276 statement or representation, shall be fined by or arises under Federal immigration laws Be it enacted by the Senate and House of Rep- under this title, imprisoned not more than 15 or any matter the offender claims or rep- resentatives of the United States of America in years, or both. resents is authorized by or arises under Fed- Congress assembled, ‘‘(b) VENUE.— eral immigration laws, to— ‘‘(1) IN GENERAL.—An offense under sub- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) defraud any person; or section (a) may be prosecuted in any dis- (a) SHORT TITLE.—This Act may be cited as ‘‘(2) obtain or receive money or anything trict— the ‘‘Passport and Visa Security Act of else of value from any person by means of ‘‘(A) in which the false statement or rep- 2007’’. false or fraudulent pretenses, representa- resentation was made or the application for (b) TABLE OF CONTENTS.—The table of con- tions, promises, a United States passport was prepared or tents for this Act is as follows: shall be fined under this title, imprisoned signed; or not more than 15 years, or both. Sec. 1. Short title; table of contents. ‘‘(B) in which or to which the application ‘‘(b) MISREPRESENTATION.—Any person who TITLE I—REFORM OF PASSPORT FRAUD was mailed or presented. OFFENSES knowingly and falsely represents that such ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED person is an attorney or an accredited rep- Sec. 101. Trafficking in passports. STATES.—An offense under subsection (a) in- resentative (as that term is defined in sec- Sec. 102. False statement in an application volving an application for a United States tion 1292.1 of title 8, Code of Federal Regula- for a passport. passport prepared and adjudicated outside tions (or any successor regulation to such Sec. 103. Forgery and unlawful production of the United States may be prosecuted in the a passport. section)) in any matter arising under Federal district in which the resultant passport was immigration laws shall be fined under this Sec. 104. Misuse of a passport. or would have been produced. Sec. 105. Schemes to defraud aliens. title, imprisoned not more than 15 years, or ‘‘(c) SAVINGS CLAUSE.—Nothing in this sec- both.’’. Sec. 106. Immigration and visa fraud. tion may be construed to limit the venue Sec. 107. Alternative imprisonment max- otherwise available under sections 3237 and SEC. 106. IMMIGRATION AND VISA FRAUD. Section 1546 of title 18, United States Code, imum for certain offenses. 3238 of this title.’’. Sec. 108. Attempts, conspiracies, jurisdic- is amended to read as follows: SEC. 103. FORGERY AND UNLAWFUL PRODUC- tion, and definitions. TION OF A PASSPORT. ‘‘§ 1546. Immigration and visa fraud Sec. 109. Clerical amendment. Section 1543 of title 18, United States Code, ‘‘(a) IN GENERAL.—Any person who know- TITLE II—OTHER REFORMS is amended to read as follows: ingly— Sec. 201. Directive to the United States Sen- ‘‘§ 1543. Forgery and unlawful production of a ‘‘(1) uses any immigration document issued tencing Commission. passport or designed for the use of another; ‘‘(2) forges, counterfeits, alters, or falsely Sec. 202. Release and detention prior to dis- ‘‘(a) FORGERY.—Any person who know- position. ingly— makes any immigration document; Sec. 203. Protection for legitimate refugees ‘‘(1) forges, counterfeits, alters, or falsely ‘‘(3) completes, mails, prepares, presents, and asylum seekers. makes any passport; or signs, or submits any immigration document Sec. 204. Diplomatic security service. ‘‘(2) transfers any passport knowing it to knowing it to contain any materially false Sec. 205. Uniform statute of limitations for be forged, counterfeited, altered, falsely statement or representation; certain immigration, passport, made, stolen, or to have been produced or ‘‘(4) secures, possesses, uses, transfers, re- and naturalization offenses. issued without lawful authority, ceives, buys, sells, or distributes any immi- gration document knowing it to be forged, TITLE I—REFORM OF PASSPORT FRAUD shall be fined under this title, imprisoned counterfeited, altered, falsely made, stolen, OFFENSES not more than 15 years, or both. procured by fraud, or produced or issued SEC. 101. TRAFFICKING IN PASSPORTS. ‘‘(b) UNLAWFUL PRODUCTION.—Any person Section 1541 of title 18, United States Code, who knowingly and without lawful author- without lawful authority; is amended to read as follows: ity— ‘‘(5) adopts or uses a false or fictitious name to evade or to attempt to evade the ‘‘§ 1541. Trafficking in passports ‘‘(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regula- immigration laws; or ‘‘(a) MULTIPLE PASSPORTS.—Any person ‘‘(6) transfers or furnishes, without lawful who, during any period of 3 years or less, tions, or rules governing the issuance of the passport; authority, an immigration document to an- knowingly— other person for use by a person other than ‘‘(1) and without lawful authority pro- ‘‘(2) produces, issues, authorizes, or verifies a United States passport for or to any person the person for whom the passport was issued duces, issues, or transfers 10 or more pass- or designed, ports; knowing or in reckless disregard of the fact shall be fined under this title, imprisoned ‘‘(2) forges, counterfeits, alters, or falsely that such person is not entitled to receive a passport; or not more than 15 years, or both. makes 10 or more passports; ‘‘(b) TRAFFICKING.—Any person who, during ‘‘(3) secures, possesses, uses, receives, buys, ‘‘(3) transfers or furnishes a passport to any person for use by any person other than any period of 3 years or less, knowingly— sells, or distributes 10 or more passports, ‘‘(1) and without lawful authority pro- knowing the passports to be forged, counter- the person for whom the passport was issued or designed, duces, issues, or transfers 10 or more immi- feited, altered, falsely made, stolen, procured gration documents; by fraud, or produced or issued without law- shall be fined under this title, imprisoned not more than 15 years, or both.’’. ‘‘(2) forges, counterfeits, alters, or falsely ful authority; or makes 10 or more immigration documents; SEC. 104. MISUSE OF A PASSPORT. ‘‘(4) completes, mails, prepares, presents, ‘‘(3) secures, possesses, uses, buys, sells, or Section 1544 of title 18, United States Code, signs, or submits 10 or more applications for distributes 10 or more immigration docu- is amended to read as follows: a United States passport, knowing the appli- ments, knowing the immigration documents cations to contain any false statement or ‘‘§ 1544. Misuse of a passport to be forged, counterfeited, altered, stolen, representation, ‘‘Any person who knowingly— falsely made, procured by fraud, or produced shall be fined under this title, imprisoned ‘‘(1) uses any passport issued or designed or issued without lawful authority; or not more than 20 years, or both. for the use of another; ‘‘(4) completes, mails, prepares, presents, ‘‘(b) PASSPORT MATERIALS.—Any person ‘‘(2) uses any passport in violation of the signs, or submits 10 or more immigration who knowingly and without lawful authority conditions or restrictions therein contained, documents knowing the documents to con- produces, buys, sells, possesses, or uses any or in violation of the laws, regulations, or tain any materially false statement or rep- official material (or counterfeit of any offi- rules governing the issuance and use of the resentation, cial material) used to make a passport, in- passport; shall be fined under this title, imprisoned cluding any distinctive paper, seal, ‘‘(3) secures, possesses, uses, receives, buys, hologram, image, text, symbol, stamp, en- not more than 20 years, or both. sells, or distributes any passport knowing it ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— graving, or plate, shall be fined under this to be forged, counterfeited, altered, falsely Any person who knowingly and without law- title, imprisoned not more than 20 years, or made, procured by fraud, or produced or ful authority produces, buys, sells, possesses, both.’’. issued without lawful authority; or or uses any official material (or counterfeit SEC. 102. FALSE STATEMENT IN AN APPLICATION ‘‘(4) violates the terms and conditions of of any official material) used to make immi- FOR A PASSPORT. any safe conduct duly obtained and issued gration documents, including any distinctive Section 1542 of title 18, United States Code, under the authority of the United States, paper, seal, hologram, image, text, symbol, is amended to read as follows: shall be fined under this title, imprisoned stamp, engraving, or plate, shall be fined ‘‘§ 1542. False statement in an application for not more than 15 years, or both.’’. under this title, imprisoned not more than 20 a passport SEC. 105. SCHEMES TO DEFRAUD ALIENS. years, or both. ‘‘(a) IN GENERAL.—Whoever knowingly Section 1545 of title 18, United States Code, ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever makes any false statement or representation is amended to read as follows: uses—

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S462 CONGRESSIONAL RECORD — SENATE January 11, 2007 ‘‘(1) an identification document, knowing mitted in support of an application for a States Code, the United States Sentencing (or having reason to know) that the docu- United States passport. Commission shall promulgate or amend the ment was not issued lawfully for the use of ‘‘(2) The term ‘false statement or represen- sentencing guidelines, policy statements, the possessor; tation’ includes a personation or an omis- and official commentaries related to pass- ‘‘(2) an identification document knowing sion. port fraud offenses, including the offenses (or having reason to know) that the docu- ‘‘(3) The term ‘immigration document’— described in chapter 75 of title 18, United ment is false; or ‘‘(A) means any application, petition, affi- States Code, as amended by section 2, to re- ‘‘(3) a false attestation, davit, declaration, attestation, form, visa, flect the serious nature of such offenses. (b) REPORT.—Not later than one year after for the purpose of satisfying a requirement identification card, alien registration docu- the date of the enactment of this Act, the of section 274A(b) of the Immigration and ment, employment authorization document, United States Sentencing Commission shall Nationality Act (8 U.S.C. 1324a(b)), shall be border crossing card, certificate, permit, order, license, stamp, authorization, grant of submit to the Committee on the Judiciary of fined under this title, imprisoned not more the Senate and the Committee on the Judici- than 5 years, or both.’’. authority, or other official document, aris- ing under or authorized by the immigration ary of the House of Representatives a report SEC. 107. ALTERNATIVE IMPRISONMENT MAX- on the implementation of this section. IMUM FOR CERTAIN OFFENSES. laws of the United States; and ‘‘(B) includes any document, photograph, SEC. 202. RELEASE AND DETENTION PRIOR TO Section 1547 of title 18, United States Code, DISPOSITION. or other piece of evidence attached to or sub- is amended— (a) DETENTION.—Section 3142(e) of title 18, mitted in support of an immigration docu- (1) in the matter preceding paragraph (1), United States Code, is amended to read as ment described in subparagraph (A). by striking ‘‘(other than an offense under follows: section 1545)’’; ‘‘(4) The term ‘immigration laws’ in- ‘‘(e) DETENTION.—(1) If, after a hearing pur- (2) in paragraph (1), by striking ‘‘15’’ and cludes— suant to the provisions of subsection (f) of inserting ‘‘20’’; and ‘‘(A) the laws described in section 101(a)(17) this section, the judicial officer finds that no (3) in paragraph (2), by striking ‘‘20’’ and of the Immigration and Nationality Act (8 condition or combination of conditions will inserting ‘‘25’’. U.S.C. 1101(a)(17)); reasonably assure the appearance of the per- ‘‘(B) the laws relating to the issuance and SEC. 108. ATTEMPTS, CONSPIRACIES, JURISDIC- son as required and the safety of any other TION, AND DEFINITIONS. use of passports; and person and the community, such judicial of- Chapter 75 of title 18, United States Code, ‘‘(C) the regulations prescribed under the ficer shall order the detention of the person is amended by adding after section 1547 the authority of any law described in subpara- before trial. following new sections: graph (A) or (B). ‘‘(2) In a case described in subsection (f)(1) ‘‘(5) A person does not exercise ‘lawful au- of this section, a rebuttable presumption ‘‘§ 1548. Attempts and conspiracies thority’ if the person abuses or improperly arises that no condition or combination of ‘‘Any person who attempts or conspires to exercises lawful authority the person other- conditions will reasonably assure the safety violate any section of this chapter shall be wise holds. of any other person and the community if punished in the same manner as a person ‘‘(6) The term ‘passport’ means— such judicial officer finds that— who completed a violation of that section. ‘‘(A) a travel document attesting to the ‘‘(A) the person has been convicted of a ‘‘§ 1549. Additional jurisdiction identity and nationality of the bearer that is Federal offense that is described in sub- section (f)(1) of this section, or of a State or ‘‘(a) IN GENERAL.—Any person who com- issued under the authority of the Secretary mits an offense under this chapter within the of State, a foreign government, or an inter- local offense that would have been an offense special maritime and territorial jurisdiction national organization; or described in subsection (f)(1) of this section of the United States shall be punished as ‘‘(B) any instrument purporting to be a if a circumstance giving rise to Federal ju- provided under this chapter. document described in subparagraph (A). risdiction had existed; ‘‘(B) the offense described in subparagraph ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any ‘‘(7) The term ‘produce’ means to make, person who commits an offense under this prepare, assemble, issue, print, authenticate, (A) of this paragraph was committed while chapter outside the United States shall be or alter. the person was on release pending trial for a punished as provided under this chapter if— ‘‘(8) The term ‘to present’ means to offer or Federal, State, or local offense; and ‘‘(1) the offense involves a United States submit for official processing, examination, ‘‘(C) a period of not more than five years passport or immigration document (or any or adjudication. Any such presentation con- has elapsed since the date of conviction, or document purporting to be such a document) tinues until the official processing, examina- the release of the person from imprisonment, or any matter, right, or benefit arising under tion, or adjudication is complete. for the offense described in subparagraph (A) or authorized by Federal immigration laws; ‘‘(9) The ‘use’ of a passport or an immigra- of this paragraph, whichever is later. ‘‘(3) Subject to rebuttal by the person, it ‘‘(2) the offense is in or affects foreign com- tion document referred to in section 1541(a), shall be presumed that no condition or com- merce; 1543(b), 1544, 1546(a), and 1546(b) of this chap- bination of conditions will reasonably assure ‘‘(3) the offense affects, jeopardizes, or ter includes— the appearance of the person as required and poses a significant risk to the lawful admin- ‘‘(A) any officially authorized use; the safety of the community if the judicial istration of Federal immigration laws, or the ‘‘(B) use to travel; officer finds that there is probable cause to national security of the United States; ‘‘(C) use to demonstrate identity, resi- dence, nationality, citizenship, or immigra- believe that the person committed an offense ‘‘(4) the offense is committed to facilitate for which a maximum term of imprisonment an act of international terrorism (as defined tion status; ‘‘(D) use to seek or maintain employment; of ten years or more is prescribed in the Con- in section 2331) or a drug trafficking crime trolled Substances Act (21 U.S.C. 801 et seq.), (as defined in section 929(a)(2)) that affects or ‘‘(E) use in any matter within the jurisdic- the Controlled Substances Import and Ex- or would affect the national security of the port Act (21 U.S.C. 951 et seq.), or chapter 705 United States; tion of the Federal government or of a State government.’’. of title 46, an offense under section 924(c), ‘‘(5) the offender is a national of the United 956(a), or 2332b of this title, or an offense list- States or an alien lawfully admitted for per- SEC. 109. CLERICAL AMENDMENT. The table of sections for chapter 75 of title ed in section 2332b(g)(5)(B) of this title for manent residence (as those terms are defined which a maximum term of imprisonment of in section 101(a) of the Immigration and Na- 18, United States Code, is amended to read as follows: 10 years or more is prescribed, or an offense tionality Act (8 U.S.C. 1101(a))); or involving a minor victim under section 1201, ‘‘(6) the offender is a stateless person ‘‘Sec 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, ‘‘1541. Trafficking in passports. whose habitual residence is in the United 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), States. ‘‘1542. False statement in an application for a passport. 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, ‘‘§ 1550. Authorized law enforcement activi- ‘‘1543. Forgery and unlawful production of a 2422, 2423, or 2425 of this title. ties passport. ‘‘(4) Subject to rebuttal by the person, it ‘‘Nothing in this chapter shall prohibit any ‘‘1544. Misuse of a passport. shall be presumed that no condition or com- lawfully authorized investigative, protec- ‘‘1545. Schemes to defraud aliens. bination of conditions will reasonably assure tive, or intelligence activity of a law en- ‘‘1546. Immigration and visa fraud. the appearance of the person as required if forcement agency of the United States, a ‘‘1547. Alternative imprisonment maximum the judicial officer finds that there is prob- State, or a political subdivision of a State, for certain offenses. able cause to believe that the person— or an intelligence agency of the United ‘‘1548. Attempts and conspiracies. ‘‘(A) is an alien; and ‘‘1549. Additional jurisdiction. States, or any activity authorized under ‘‘(B)(i) has no lawful immigration status in ‘‘1550. Authorized law enforcement activi- the United States; title V of the Organized Crime Control Act of ties. 1970 (Public Law 91–452; 84 Stat. 933). ‘‘(ii) is the subject of a final order of re- ‘‘1550. Definitions.’’. moval; or ‘‘§ 1551. Definitions TITLE II—OTHER REFORMS ‘‘(iii) has committed a felony offense under ‘‘As used in this chapter: SEC. 201. DIRECTIVE TO THE UNITED STATES chapter 75 of this title.’’. ‘‘(1) The term ‘application for a United SENTENCING COMMISSION. (b) FACTORS TO BE CONSIDERED.—Section States passport’ includes any document, pho- (a) IN GENERAL.—Pursuant to the author- 3142(g)(3) of title 18, United States Code, is tograph, or other piece of evidence sub- ity under section 994 of title 28, United amended—

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S463 (1) in subparagraph (A), by striking ‘‘and’’ sure our subcommittee will address this provision is not strictly related to at the end; and this Congress. passport fraud, it will protect immi- (2) by adding at the end the following new This year will mark the 3rd year Sen- grants from sham attorneys and legal subparagraph: ator FEINSTEIN and I have worked to- ‘‘experts’’ who cheat them out of their ‘‘(C) the person’s immigration status; money by pretending to offer them im- and’’. gether on legislation aimed at making it easier to prosecute people trying to migration benefits or legitimate docu- SEC. 203. PROTECTION FOR LEGITIMATE REFU- GEES AND ASYLUM SEEKERS. enter the U.S. with fraudulent docu- ments. (a) PROTECTION FOR LEGITIMATE REFUGEES ments. Many of the bill’s provisions simply AND ASYLUM SEEKERS.—The Attorney Gen- One of the most dangerous document clean up sections of the criminal code. eral, in consultation with the Secretary of security issues we face is how to keep For example—one section modifies the Homeland Security, shall develop binding passports and visas out of the hands of alternative sentencing penalties to prosecution guidelines for Federal prosecu- the people we don’t want to have them. make sure the penalties for severe tors to ensure that any prosecution of an As a 2004 U.S. News and World Report passport fraud offenses (such as those alien seeking entry into the United States article rightly stated, ‘‘When it comes used to facilitate a drug trafficking by fraud is consistent with the United States to terrorists’ most valuable weapons, crime or an act of international ter- treaty obligations under Article 31(1) of the rorism) are consistent throughout the Convention Relating to the Status of Refu- passports and visas probably rank gees, done at Geneva July 28, 1951 (as made higher than bullets and bombs.’’ A 2004 code. applicable by the Protocol Relating to the study done by the Department of Other provisions codify common law Status of Refugees, done at New York Janu- Homeland Security Office of Inspector principles needed for effective prosecu- ary 31, 1967 (19 UST 6223)). General titled ‘‘A Review of the Use of tion of document fraud offenses. For (b) NO PRIVATE RIGHT OF ACTION.—The Stolen Passports From Visa Waiver example—one section makes needed guidelines required by subsection (a), and Countries to Enter the United States,’’ clarifications on venue. Currently, any internal office procedures adopted pur- false statements or documents are suant thereto, are intended solely for the found that ‘‘[there are] over 10 million lost or stolen passports that might be often included in the application which guidance of attorneys for the United States. is mailed from one location but proc- This section, such guidelines, and the proc- in circulation.’’ As background for the ess for determining such guidelines are not report, the Forensics Documents Lab- essed in another location. This section intended to, do not, and may not be relied oratory informed the Office of the In- makes clear that the offense is per- upon to create any right or benefit, sub- spector General that ‘‘criminals con- petrated both at the location of the stantive or procedural, enforceable at law by sider a passport’’ from a Visa Waiver mailing and at the location of the adju- any party in any administrative, civil, or Country ‘‘a very valuable commodity.’’ dication. If the application containing criminal matter To keep out terrorists and others we false statements is prepared overseas, SEC. 204. DIPLOMATIC SECURITY SERVICE. do not want to allow into the United this section clarifies that the offense is Section 37(a)(1) of the State Department States, we must be able to identify and still punishable in the United States. Basic Authorities Act of 1956 (22 U.S.C. In March of 2004, Mark Zuckerman, effectively prosecute people who lie or 2709(a)(1)) is amended to read as follows: Assistant U.S. Attorney for New Hamp- give us fraudulent information to ob- ‘‘(1) conduct investigations concerning— shire, testified before the United States tain a U.S. visa or a passport. ‘‘(A) illegal passport or visa issuance or Sentencing Commission. New Hamp- use; Additionally, we must be able to shire’s National Passport Center proc- ‘‘(B) identity theft or document fraud af- identify and effectively prosecute peo- essed 2 million of the 7 million pass- fecting or relating to the programs, func- ple trying to enter the U.S. with a ports issued in 2003. The National Pass- tions, and authorities of the Department of passport or visa that belongs to some- port Center also receives nearly all of State; one else. ‘‘(C) violations of chapter 77 of title 18, the applications for passport renewals Perhaps most importantly, we must United States Code; and filed with the State Department. New effectively prosecute those possessing ‘‘(D) Federal offenses committed within Hampshire conducted a passport fraud multiple passports and visas they in- the special maritime and territorial jurisdic- initiative in its U.S. Attorney’s Office tend to distribute to others. We must tion defined in paragraph (9) of section 7 of as part of its anti-terrorism effort. title 18, United States Code;’’. be able to take these ‘‘career’’ docu- Zuckerman’s testimony provides some SEC. 205. UNIFORM STATUTE OF LIMITATIONS ment traffickers, those caught with insight into the problems that arose FOR CERTAIN IMMIGRATION, PASS- more than 10 fraudulent passports or PORT, AND NATURALIZATION OF- during the initiative. FENSES. visas, off the streets. Though the passport applications (a) IN GENERAL.—Section 3291 of title 18, Under current law, violators are not were processed in New Hampshire, United States Code, is amended to read as being prosecuted effectively because cases of passport fraud resulting from follows: there is no statute that specifically those applications were not being han- ‘‘§ 3291. Immigration, passport, and natu- makes trafficking in multiple (10 or dled in New Hampshire. Typically, they ralization offenses more) documents its own crime. This were sent back to the district from ‘‘No person shall be prosecuted, tried, or bill will add that new crime—punish- which they were mailed. Once re- punished for a violation of any section of able by 20 years in jail—to the passport turned, they were often declined for chapters 69 (relating to nationality and citi- and visa fraud sections of the criminal prosecution by their local U.S. Attor- zenship offenses) or 75 (relating to passport code. ney’s office. and visa offenses) of this title, or for an at- In addition to creating a new crime tempt or conspiracy to violate any such sec- One of the reasons frequently given to penalize trafficking in 10 or more by the regional U.S. Attorney’s Offices tion, unless the indictment is returned or fraudulent immigration documents, 20 the information is filed within ten years for declining passport fraud cases was: after the commission of the offense.’’. year maximum sentence, Title I of the ‘‘The sentencing guidelines do not (b) CLERICAL AMENDMENT.—The table of bill simplifies the language of several treat passport fraud as a serious of- sections for chapter 213 of title 18, United of the current passport fraud provi- fense for which a period of incarcer- States Code, is amended by striking the item sions of the criminal code and changes ation is likely.’’ relating to section 3291 and inserting the fol- the maximum penalties for these of- I would reiterate what Mr. lowing: fenses from 10 years for the first of- Zuckerman so astutely pointed out in ‘‘3291. Immigration, passport, and natu- fense and 15 years for subsequent of- his testimony. Under the current ralization offenses’’. fenses, to simply 15 years for each of- Criminal Code, the most common Mr. SESSIONS. Mr. President, I want fense. forms of passport fraud—unless they to thank my colleague Senator Fein- The bill also includes a new protec- constitute terrorism or drug traf- stein for her hard work on document tion for immigrants. Anyone who en- ficking—are just class C felonies. When security issues. She currently serves as gages in a scheme to defraud them in the defendant has no criminal history, the Chair of the Judiciary Committee’s connection with matters under Federal the court is simply required to incar- Terrorism Subcommittee, Senator KYL immigration law, or who pretends to be cerate the defendant for 0–6 months. is Ranking Member, and I am looking an immigration lawyer, will be charged This is the lowest and least consequen- forward to working with her on the under a new crime that carries a max- tial sentencing range that can be as- document security that issues I am imum penalty of 15 years. Although signed to any felony under the U.S.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S464 CONGRESSIONAL RECORD — SENATE January 11, 2007 Code. (page 5 of Zuckerman’s testi- sion Recommendations Implementa- SENATE RESOLUTION 24—DESIG- mony) tion Package. NATING JANUARY 2007 AS ‘‘NA- The 9/11 Commission also recognized TIONAL STALKING AWARENESS the lack of routine prosecutions for f MONTH’’ passport fraud offenses. Page 386 of Mr. BIDEN (for himself and Ms. COL- their report noted: SUBMITTED RESOLUTIONS LINS) submitted the following resolu- Fraudulent travel documents, for instance, tion; which was referred to the Com- are usually returned to travelers who are de- mittee on the Judiciary: nied entry without further examination for Mr. BIDEN. Mr. President, I rise terrorist trademarks, investigation into today with my good friend from Maine, their source, or legal process. SENATE RESOLUTION 23—DESIG- Senator COLLINS, to submit a Resolu- Importantly, the bill we are intro- NATING THE WEEK OF FEB- RUARY 5 THROUGH FEBRUARY 9, tion Marking January as National ducing today directs the Sentencing Stalking Awareness Month. I introduce Commission to reevaluate the current 2007, AS ‘‘NATIONAL SCHOOL COUNSELING WEEK’’ today’s measure because I want to low sentencing guidelines for passport renew our Nation’s resolve to fight and visa fraud offenses to reflect the Mrs. MURRAY submitted the fol- stalking and to promote public aware- potential seriousness of these crimes lowing resolution; which was referred ness about the newest stalking tool, and the changes made by our bill. to the Committee on the Judiciary. technology. Additionally, we will require the Sen- Imagine that you are a young wife— tencing Commission to report back to S. RES. 23 estranged from your husband. A court the Congress on the rationale behind Whereas the American School Counselor has ordered him to stay away from their decision to change (or not Association has declared the week of Feb- you, but he shows up everywhere you change) the sentencing guidelines as a ruary 5 through February 9, 2007, as ‘‘Na- go. You see him while driving on the result of this direction. tional School Counseling Week’’; road, in the parking lot at work, at a Majority Leader HARRY REID has re- Whereas the Senate has recognized the im- nearby table in restaurants, and at peatedly stated that one of the items portance of school counseling through the your friends’ homes. Although you inclusion of elementary and secondary at the top of the Democratic agenda haven’t spoken to him in months, he school counseling programs in the reauthor- early this Congress is the implementa- always knows exactly where you are. tion of the recommendations of the 9/11 ization of the Elementary and Secondary Education Act of 1965; Last year, the Seattle police received Commission. In addition to their com- Whereas school counselors have long advo- such a report from Sherri Peak, whose ments on the lack of prosecutions, the cated that the education system of the estranged husband seemed to know her 9/11 Commission had a lot more say United States must leave no child behind every move. Detectives believed that about the use of fraudulent and altered and must provide opportunities for every Robert Peak was stalking his wife, and passports and visas in the Commission student; they brought Sherri’s car into the city of the 9/11 terrorist attacks. Whereas personal and social growth results shop to scan for tracking devices. After ‘‘[W]e endeavor to dispel the myth in increased academic achievement; several hours of futile searching, one that their [the hijackers’] entry into Whereas school counselors help develop officer popped off the dashboard cover the United States was ‘clean and legal’. well-rounded students by guiding them and spotted a global positioning sys- It was not.... two [hijackers] carried through their academic, personal, social, and career development; tem (GPS) and a cell phone embedded passports manipulated in a fraudulent Whereas school counselors have been in- in the car. Then police checked the vic- manner. It is likely that several more strumental in helping students, teachers, tim’s home computer and found hijackers carried passports with simi- and parents deal with the trauma that was spyware that allowed her husband to lar fraudulent manipulation. Two hi- inflicted upon them by hurricanes Katrina, hack into her e-mail. Sherri Peak was jackers lied on their visa applications’’ Rita, and Wilma; indeed being stalked—via technology. Preface, 9/11 Commission staff report. Whereas students face myriad challenges The Peak case illustrates a dis- ‘‘To avoid detection of their activi- every day, including peer pressure, depres- turbing criminal trend and the dark ties and objectives while engaging in sion, and school violence; side of technology. The devices we use travel that necessitates using a pass- Whereas school counselors are among the to surf the Internet, e-mail one an- port, terrorists devote extensive re- few professionals in a school building that other, download music, and find our sources to acquiring and manipulating are trained in both education and mental health; way in unfamiliar towns have also passports, entry and exits stamps, and Whereas the roles and responsibilities of equipped stalkers with powerful tools. visas. The al Qaeda terrorist organiza- school counselors are often misunderstood, While ‘‘conventional’’ stalkers follow a tion was no exception. High-level mem- and the school counselor position is often victim from home to work or place bers of Al Qaeda were expert document among the first to be eliminated in order to countless phone calls to their homes, forgers . . .’’ Page 1. 9/11 Commission meet budgetary constraints; technology-empowered stalkers use staff report. Whereas the national average ratio of stu- GPS to track victims and computer ‘‘Travel history, however, is still re- dents to school counselors of 478-to-1 is more programs to trace every Web site vic- corded in passports with entry-exit than double the 250-to-1 ratio recommended tims visit and every e-mail they send stamps called cachets, which al Qaeda by the American School Counselor Associa- or receive. Stalkers can harass or has trained its operatives to forge and tion, the American Counseling Association, the American Medical Association, the threaten their victims (or urge others use to conceal their terrorist activi- American Psychological Association, and to do so) via e-mail or Web sites set up ties’’. Page 403, 9/11 Commission report. other organizations; and to harm the victim. ‘‘[C]ertain al Qaeda members were Whereas the celebration of National The potential impact of these tactics charged with organizing passport col- School Counseling Week would increase is staggering. National statistics show lection schemes to keep the pipelines awareness of the important and necessary that 1 in 12 women and 1 in 45 men will of fraudulent documents flowing.’’ role school counselors play in the lives of be stalked during their lifetime. The Page 186., ibid students in the United States: Now, there- average duration of stalking is 2 years, ‘‘For terrorists, travel documents are fore, be it and more often than not it is accom- as important as weapons. They must Resolved, That the Senate— panied by physical violence. In one travel clandestinely to meet, train, (1) designates the week of February 5 study, 3 of 4 women murdered by their plan, case targets, and gain access to through February 9, 2007, as ‘‘National intimate partners had been stalked by attack . . . In their travels, terrorists School Counseling Week’’; and that partner before they were killed. use evasive measures, such as altered (2) encourages the people of the United Although all 50 States and the Fed- States to observe the week with appropriate and counterfeit passports and visas ceremonies and activities that promote eral Government have stalking laws, . . .’’ Page 384. ibid. awareness of the role school counselors per- many were drafted before the wide- I hope that Senator REID plans to in- form in the school and the community at spread use of e-mail, the Internet, chat clude the Feinstein/Sessions Passport large in preparing students for fulfilling rooms, Web sites, social networking and Visa Fraud Bill in his 9/11 Commis- lives as contributing members of society. sites, GPS, cell phones, and tiny hand-

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S465 held video and digital cameras. Last Whereas there is a need to enhance the of Florida, and all of the supporters of the year Congress tightened the Federal criminal justice system’s response to stalk- University of Florida, are to be congratu- stalking law to take into account these ing, including through aggressive investiga- lated for their commitment to, and pride in, potential stalking tools and tech- tion and prosecution: Now, therefore, be it the football program at the University of Resolved, That— Florida: Now, therefore, be it niques. Although some States are fol- (1) the Senate designates January 2007 as Resolved, That the Senate— lowing suit, I urge state legislators to ‘‘National Stalking Awareness Month’’; (1) congratulates the University of Florida continually assess the power of their (2) it is the sense of the Senate that— football team for winning the 2006 National stalking laws to prohibit and appro- (A) National Stalking Awareness Month Collegiate Athletic Association Division I priately punish acts of stalking with provides an opportunity to educate the peo- Football Championship; current or even future technology. ple of the United States about stalking; (2) recognizes the achievements of all of January is National Stalking Aware- (B) the people of the United States should the players, coaches, and support staff who ness Month—the perfect opportunity applaud the efforts of the many victim serv- were instrumental in helping the University for parents, lawmakers and community ice providers, such as police, prosecutors, na- of Florida football team win the 2006 Na- leaders to carefully review State and tional and community organizations, and tional Collegiate Athletic Association Divi- private sector supporters, for their efforts in sion I Football Championship, and local laws on stalking and insist that promoting awareness about stalking; and (3) respectfully requests the Secretary of laws keep pace with technology and (C) policymakers, criminal justice offi- the Senate to transmit an enrolled copy of protect our families. Valuable informa- cials, victim service and human service this resolution to— tion on stalking can be found at the agencies, nonprofit organizations, and others (A) the University of Florida for appro- Stalking Resource Center should recognize the need to increase aware- priate display; (www.ncvc.org/src). We are indebted to ness of stalking and availability of services (B) the President of the University of Flor- the Center’s expertise and leadership for stalking victims; and ida, Dr. J. Bernard Machen; on this issue. For immediate and con- (3) the Senate urges national and commu- (C) the Athletic Director of the University fidential assistance, I also urge people nity organizations, businesses, and the of Florida, Jeremy Foley; and media to promote, through observation of (D) the head coach of the University of to contact the National Crime Victim National Stalking Awareness Month, aware- Florida football team, Urban Meyer. Helpline at 1–800–FYI–CALL. ness of the crime of stalking. I often watch my grandchildren learn f f with ever more speed to deftly manipu- SENATE RESOLUTION 26—COM- late technology, everything from mak- SENATE RESOLUTION 25—CON- MENDING THE APPALACHIAN ing digital movies, downloading music, GRATULATING THE UNIVERSITY STATE UNIVERSITY FOOTBALL to surfing the Internet. It is clearly a OF FLORIDA FOOTBALL TEAM TEAM FOR WINNING THE 2006 NA- brave, new world. And one that each of FOR WINNING THE 2006 NA- TIONAL COLLEGIATE ATHLETIC us should embrace, learn and celebrate. TIONAL COLLEGIATE ATHLETIC ASSOCIATION DIVISION I–AA But with new rights, always come new ASSOCIATION DIVISION I FOOT- FOOTBALL CHAMPIONSHIP responsibilities. Through vigilance, BALL CHAMPIONSHIP both citizens and officials can combat Mrs. DOLE (for herself and Mr. BURR) Mr. NELSON of Florida (for himself stalking via technology. Just as par- submitted the following resolution; and Mr. MARTINEZ) submitted the fol- ents and teens are starting to learn which was considered and agreed to: lowing resolution; which was consid- how to protect their privacy while on- S. RES. 26 ered and agreed to: line, we can all learn how to detect Whereas, on December 15, 2006, the Appa- high-tech stalking and what to do if it S. RES. 25 lachian State University football team (re- occurs. Whereas, on January 8, 2007, before a crowd ferred to in this preamble as the ‘‘Mountain- Before closing, I would like to thank of nearly 75,000 fans in Glendale, Arizona, the eers’’) defeated the University of Massachu- Senator COLLINS for her commitment University of Florida football team (referred setts football team by a score of 28–17, to win to this issue; it is always a pleasure to to in this preamble as the ‘‘Florida Gators’’) the 2006 National Collegiate Athletic Asso- defeated the football team of The Ohio State ciation (NCAA) Division I–AA Football work with her. University (referred to in this preamble as Championship; S. RES. 24 the ‘‘Buckeyes’’) by a score of 41–14, to win Whereas the Mountaineers were successful Whereas an estimated 1,006,970 women and the 2006 National Collegiate Athletic Asso- due to the leadership of Coach Jerry Moore, 370,990 men are stalked annually in the ciation Division I Football Championship; and in great part to the spectacular play of United States and, in the majority of such Whereas that victory marked only the sec- Most Valuable Player Kevin Richardson, who cases, the person is stalked by someone who ond national football championship victory scored all 4 touchdowns, and to Corey Lynch, is not a stranger; for the University of Florida in the storied whose fourth quarter interception helped Whereas 81 percent of women who are 100-year history of the Florida Gators; seal the victory; stalked by an intimate partner are also Whereas the Florida Gators captured the Whereas the championship victory was the physically assaulted by that partner, and 76 Southeastern Conference Championship and pinnacle of a remarkable season for the percent of women who are killed by an inti- compiled an impressive record of 13 wins and Mountaineers, who ended the season with a mate partner were also stalked by that inti- 1 loss; 14–1 record; mate partner; Whereas although many fans viewed the Whereas the Mountaineers’ offense was led Whereas 26 percent of stalking victims lose Florida Gators as underdogs, the team—in- by Southern Conference Freshman of the time from work as a result of their victim- spired by the leadership of Head Coach Urban Year Armanti Edwards, who rushed for over ization, and 7 percent never return to work; Meyer—finished the game with a 41–7 scoring 1,000 yards and passed for over 2,000 yards, Whereas stalking victims are forced to run, and prevented the opponent from scor- and accounted for 30 touchdowns in his first take drastic measures to protect themselves, ing a single point during the second half of season; such as relocating, changing their addresses, the game; Whereas the success of the Mountaineers’ changing their identities, changing jobs, and Whereas the 4-year starting quarterback of offense is attributed to Kevin Richardson, obtaining protection orders; the Florida Gators, Chris Leak, during the who rushed for over 1,000 yards, William Whereas stalking is a crime that cuts final college game of his career, was chosen Mayfield, who had over 1,000 yards receiving, across race, culture, gender, age, sexual ori- as the Offensive Most Valuable Player; and the impenetrable offensive line, who entation, physical and mental ability, and Whereas a defensive end of the Florida made it possible for those amazing statistics economic status; Gators, Derrick Harvey, was chosen as the to occur; Whereas stalking is a crime under Federal Defensive Most Valuable Player; Whereas the Mountaineers’ intimidating law and under the laws of all 50 States and Whereas the University of Florida is the defense was led by Marques Murell, Jeremy the District of Columbia; first university to at the same time hold Wiggins, Monte Smith, and Corey Lynch; Whereas rapid advancements in technology both the National Collegiate Athletic Asso- Whereas the Mountaineers were undefeated have made cyber-surveillance the new fron- ciation Division I Football Championship in conference games and are the champions tier in stalking; and the National Collegiate Athletic Asso- of the Southern Conference for the second Whereas there are national organizations, ciation Division I Basketball Championship; year in a row; local victim service organizations, prosecu- Whereas each player, coach, trainer, and Whereas Appalachian State University af- tors’ offices, and police departments that manager dedicated his or her time and effort firmed its position as a dominant football stand ready to assist stalking victims and to ensuring that the Florida Gators reached program by securing its second consecutive who are working diligently to craft com- the pinnacle; and national championship; petent, thorough, and innovative responses Whereas the families of the players, stu- Whereas, in 2005, Appalachian State Uni- to stalking; and dents, alumni, and faculty of the University versity became the first team from North

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S466 CONGRESSIONAL RECORD — SENATE January 11, 2007 Carolina to win an NCAA football champion- SA 30. Mr. LIEBERMAN (for himself, Ms. (1) in paragraph 2, by striking subpara- ship with a 21–16 victory over Northern Iowa; COLLINS, Mr. OBAMA, Mr. MCCAIN, Mr. FEIN- graph (e) and inserting the following new Whereas the members of the 2006 Appa- GOLD, Mr. KERRY, and Mr. CARPER) proposed subparagraph (e): lachian State University football team are an amendment to amendment SA 3 proposed ‘‘(e) Not later than 48 hours after the date excellent representatives of a fine university by Mr. REID (for himself, Mr. MCCONNELL, a disclosure is required to be filed pursuant that is a leader in higher education, pro- Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIEBER- to subparagraphs (f) and (g), the Secretary of ducing many fine student-athletes and other MAN, Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, the Senate shall make such disclosures leaders; and Mr. DURBIN) to the bill S. 1, supra. available to the public over the Internet, Whereas the Mountaineers showed tremen- SA 31. Mr. FEINGOLD (for himself and Mr. without fee or other access charge, in a dous dedication to each other, appreciation OBAMA) submitted an amendment intended searchable, sortable, and downloadable man- to their fans, sportsmanship to their oppo- to be proposed by him to the bill S. 1, supra; ner.’’; and nents, and respect for the game of football which was ordered to lie on the table. (2) in paragraph 4, by striking ‘‘as soon as throughout the 2006 season; and SA 32. Mr. FEINGOLD (for himself and Mr. possible after they are received’’ and insert- Whereas residents of the Old North State OBAMA) submitted an amendment intended ing ‘‘not later than 48 hours after the date and Appalachian State University fans ev- to be proposed by him to the bill S. 1, supra; such information is received, and shall make erywhere are to be commended for their which was ordered to lie on the table. such information available to the public over SA 33. Mr. FEINGOLD (for himself and Mr. long-standing support, perseverance, and the Internet, without fee or other access OBAMA) submitted an amendment intended pride in the team: Now, therefore, be it charge, in a searchable, sortable, and to be proposed by him to the bill S. 1, supra; Resolved, That the Senate— downloadable manner’’. (1) commends the champion Appalachian which was ordered to lie on the table. State University football team for their his- SA 34. Mr. FEINGOLD (for himself and Mr. At the end of title I, insert the following: toric win in the 2006 National Collegiate Ath- OBAMA) submitted an amendment intended SEC. 120. ELECTRONIC FILING AND SEARCHABLE letic Association Division I–AA Football to be proposed by him to the bill S. 1, supra; ONLINE DATABASE OF ALL REPORTS Championship; which was ordered to lie on the table. FILED IN THE SENATE. SA 35. Mr. MARTINEZ submitted an (2) recognizes the achievements of the Rule XXXIV of the Standing Rules of the amendment intended to be proposed by him players, coaches, students, alumni, and sup- Senate is amended by adding at the end the to the bill S. 1, supra; which was ordered to port staff who were instrumental in helping following: lie on the table. Appalachian State University win the cham- SA 36. Mr. DURBIN submitted an amend- ‘‘5 (a). Each report required to be filed pionship; and ment intended to be proposed by him to the under this rule shall be filed and maintained (3) directs the Secretary of the Senate to bill S. 1, supra; which was ordered to lie on in electronic form. transmit copies of this resolution to Appa- the table. ‘‘(b) Not later than 48 hours after the date lachian State University Chancellor Kenneth SA 37. Mr. THUNE submitted an amend- a report required under this rule is filed, the Peacock and head coach Jerry Moore for ap- ment intended to be proposed to amendment Secretary of the Senate shall make such re- propriate display. SA 3 proposed by Mr. REID (for himself, Mr. port available to the public over the Inter- f MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, net, without fee or other access charge, in a searchable, sortable, and downloadable man- AMENDMENTS SUBMITTED AND Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the bill S. 1, ner.’’. PROPOSED supra. At the end of subtitle A of title II, insert SA 22. Mr. CARDIN submitted an amend- SA 38. Mrs. FEINSTEIN (for herself and the following: Mr. BENNETT) proposed an amendment to ment intended to be proposed to amendment SEC. 225. ELECTRONIC FILING OF ELECTION RE- SA 3 proposed by Mr. REID (for himself, Mr. amendment SA 3 proposed by Mr. REID (for PORTS OF SENATE CANDIDATES. himself, Mr. MCCONNELL, Mrs. FEINSTEIN, MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, (a) IN GENERAL.—Section 304(a)(11)(D) of Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. the Federal Election Campaign Act of 1971 (2 Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to SALAZAR, and Mr. DURBIN) to the bill S. 1, to U.S.C. 434(a)(11)(D)) is amended to read as provide greater transparency in the legisla- the bill S. 1, supra. SA 39. Mr. COLEMAN submitted an amend- follows: tive process; which was ordered to lie on the ‘‘(D) As used in this paragraph, the terms table. ment intended to be proposed by him to the bill S. 1, supra; which was ordered to lie on ‘designation’, ‘statement’, or ‘report’ mean a SA 23. Mr. CORNYN submitted an amend- designation, statement, or report, respec- ment intended to be proposed by him to the the table. SA 40. Mr. STEVENS proposed an amend- tively, which— bill S. 1, supra; which was ordered to lie on ‘‘(i) is required by this Act to be filed with the table. ment to amendment SA 4 proposed by Mr. REID (for himself, Mr. DURBIN, Mr. SALAZAR, the Commission; or SA 24. Mr. ENSIGN proposed an amend- ‘‘(ii) is required under section 302(g) to be ment to amendment SA 3 proposed by Mr. and Mr. OBAMA) to the amendment SA 3 pro- posed by Mr. REID (for himself, Mr. MCCON- filed with the Secretary of the Senate and REID (for himself, Mr. MCCONNELL, Mrs. NELL, Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- forwarded by the Secretary to the Commis- FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALA- sion.’’. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. (b) CONFORMING AMENDMENTS.— Durbin) to the bill S. 1, supra. ZAR, and Mr. DURBIN) to the bill S. 1, supra. SA 41. Mr. OBAMA (for himself and Mr. SA 25. Mr. ENSIGN proposed an amend- (1) Section 302(g)(2) of the Federal Election FEINGOLD) submitted an amendment in- ment to amendment SA 3 proposed by Mr. Campaign Act of 1971 (2 U.S.C. 432(g)(2)) is tended to be proposed by him to the bill S. 1, amended by inserting ‘‘or 1 working day in REID (for himself, Mr. MCCONNELL, Mrs. supra; which was ordered to lie on the table. the case of a designation, statement, or re- FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. SA 42. Mrs. FEINSTEIN (for herself and port filed electronically’’ after ‘‘2 working COLLINS, Mr. OBAMA, Mr. SALAZAR, AND Mr. Mr. ROCKEFELLER) proposed an amendment days’’. DURBIN) to the bill S. 1, supra. to amendment SA 3 proposed by Mr. REID SA 26. Mr. CORNYN proposed an amend- (2) Section 304(a)(11)(B) of the Federal (for himself, Mr. MCCONNELL, Mrs. FEIN- ment to amendment SA 3 proposed by Mr. Election Campaign Act of 1971 (2 U.S.C. STEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. 434(a)(11)(B)) is amended by inserting ‘‘or REID (for himself, Mr. MCCONNELL, Mrs. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. filed with the Secretary of the Senate under FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. DURBIN) to the bill S. 1, supra. section 302(g)(1) and forwarded to the Com- COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. mission’’ after ‘‘Act’’. DURBIN) to the bill S. 1, supra. f (c) EFFECTIVE DATE.—The amendments SA 27. Mr. CORNYN proposed an amend- TEXT OF AMENDMENTS ment to amendment SA 3 proposed by Mr. made by this section shall apply to any des- REID (for himself, Mr. MCCONNELL, Mrs. SA 22. Mr. CARDIN submitted an ignation, statement, or report required to be FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. amendment intended to be proposed to filed after the date of enactment of this Act. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. amendment SA 3 proposed by Mr. REID DURBIN) to the bill S. 1, supra. (for himself, Mr. MCCONNELL, Mrs. SA 23. Mr. CORNYN submitted an SA 28. Mr. McCAIN (for himself, Mr. FEIN- FEINSTEIN, Mr. BENNETT, Mr. LIEBER- amendment intended to be proposed by GOLD, and Mr. GRAHAM) submitted an amend- MAN, Ms. COLLINS, Mr. OBAMA, Mr. ment intended to be proposed to amendment him to the bill S. 1, to provide greater SALAZAR, and Mr. DURBIN) to the bill S. SA 3 proposed by Mr. REID (for himself, Mr. transparency in the legislative process; MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, 1, to provide greater transparency in which was ordered to lie on the table; Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. the legislative process; which was or- as follows: dered to lie on the table; as follows: SALAZAR, and Mr. DURBIN) to the bill S. 1, At the appropriate place, insert the fol- supra. On page 15, strike lines 10 through 18, and lowing: SA 29. Mr. McCAIN (for himself, Mr. FEIN- insert the following: GOLD, and Mr. GRAHAM) submitted an amend- (c) PUBLIC AVAILABILITY.—Rule XXXV of SEC. ll. NOTICE OF CONSIDERATION. ment intended to be proposed by him to the the Standing Rules of the Senate is amend- (a) IN GENERAL.—No matter or measure bill S. 1, supra. ed— may be considered in the Senate unless—

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S467 (1) a Senator gives notice of his intent to SA 25. Mr. ENSIGN proposed an to the bill S. 1, to provide greater proceed to that matter or measure and such amendment to amendment SA 3 pro- transparency in the legislative process; notice and the full text of that matter or posed by Mr. REID (for himself, Mr. as follows: measure are printed in the Congressional McCONNELL, Mrs. FEINSTEIN, Mr. BEN- Record and placed on each Senator’s desk at At the appropriate place, insert the fol- least 3 calendar days in which the Senate is NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. lowing: OBAMA, Mr. SALAZAR, and Mr. DURBIN) in session prior to proceeding to the matter SEC. ll. NOTICE OF CONSIDERATION. or measure; to the bill S. 1, to provide greater (a) IN GENERAL.—No legislative matter or (2) the Senate proceeds to that matter or transparency in the legislative process; measure may be considered in the Senate un- measure not later than 30 calendar days in as follow: less— which the Senate is in session after having At the appropriate place, insert the fol- (1) a Senator gives notice of his intent to given notice in accordance with paragraph lowing: proceed to that matter or measure and such (1); and SEC. ll. SENATE FIREWALL FOR DEFENSE notice and the full text of that matter or (3) the full text of that matter or measure SPENDING. measure are printed in the Congressional is made available to the general public in (a) For purposes of Section 301 and 302 of Record and placed on each Senator’s desk at searchable format by means of placement on the Congressional Budget Act of 1974, the least 3 calendar days in which the Senate is any website within the senate.gov domain, levels of new budget authority and outlays in session prior to proceeding to the matter the gpo.gov domain, or through the THOM- and the allocations for the Committees on or measure; AS system on the loc.gov domain at least 2 Appropriations shall be further divided and (2) the Senate proceeds to that matter or calendar days before the Senate proceeds to separately enforced under Section 302(f) by— measure not later than 30 calendar days in that matter or measure. (1) DEFENSE ALLOCATION.—The amount of which the Senate is in session after having (b) CALENDAR.—The Secretary of the Sen- discretionary spending assumed in the budg- given notice in accordance with paragraph ate shall establish for both the Senate Cal- et resolution for the defense function (050); (1); and endar of Business and the Senate Executive and (3) the full text of that matter or measure Calendar a separate section entitled ‘‘No- (2) NONDEFENSE ALLOCATION.—The amount is made available to the general public in tices of Intent to Proceed or Consider’’. Each of discretionary spending assumed for all searchable format by means of placement on section shall include the name of each Sen- other functions of the budget. ator filing a notice under this section, the any website within the senate.gov domain, title or a description of the measure or mat- SA 26. Mr. CORNYN proposed an the gpo.gov domain, or through the THOM- ter to which the Senator intends to proceed AS system on the loc.gov domain at least 2 amendment to amendment SA 3 pro- calendar days before the Senate proceeds to or offer, and the date the notice was filed. posed by Mr. REID (for himself, Mr. (c) WAIVER AND APPEAL.—This section may that matter or measure. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- be waived or suspended in the Senate only by (b) CALENDAR.—The Secretary of the Sen- NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. an affirmative vote of 3⁄5 of the Members, ate shall establish for both the Senate Cal- duly chosen and sworn. An affirmative vote OBAMA, Mr. SALAZAR, and Mr. DURBIN) endar of Business and the Senate Executive of 3⁄5 of the Members of the Senate, duly cho- to the bill S. 1, to provide greater Calendar a separate section entitled ‘‘No- sen and sworn, shall be required to sustain transparency in the legislative process; tices of Intent to Proceed or Consider’’. Each an appeal of the ruling of the Chair on a as follows: section shall include the name of each Sen- point of order raised under this section. At the appropriate place, insert the fol- ator filing a notice under this section, the lowing: title or a description of the legislative meas- SA 24. Mr. ENSIGN proposed an ‘‘(a) IN GENERAL. It shall not be in order to ure or matter to which the Senator intends amendment to amendment SA 3 pro- consider a bill, joint resolution, report, con- to proceed, and the date the notice was filed. posed by Mr. REID for himself, Mr. ference report, or statement of managers un- (c) WAIVER AND APPEAL.—This section may McCONNELL, MRS. FEINSTEIN, Mr. BEN- less the following— be waived or suspended in the Senate only by ‘‘(a) a list of each earmark, limited tax an affirmative vote of 3⁄5 of the Members, NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. benefit or tariff benefit in the bill, joint res- duly chosen and sworn. An affirmative vote OBAMA, Mr. SALAZAR, and Mr. DURBIN) olution, report, conference report, or state- of 3⁄5 of the Members of the Senate, duly cho- to the bill S. 1, to provide greater ment of managers along with: sen and sworn, shall be required to sustain transparency in the legislative process; ‘‘(1) its specific budget, contract or other an appeal of the ruling of the Chair on a as follows: spending authority or revenue impact; point of order raised under this section. On page 3, strike line 9 through line 11 and ‘‘(2) an identification of the Member of Members who proposed the earmark, tar- insert the following: SA 28. Mr. MCCAIN (for himself, Mr. ‘‘(a)IN GENERAL.—A point of order may be geted tax benefit, or targeted tariff benefit; FEINGOLD, and Mr. GRAHAM) submitted made by any Senator against any item con- and tained in a conference report that includes ‘‘(3) an explanation of the essential govern- an amendment intended to be proposed or consists of any matter not committed to mental purpose for the earmark, targeted to amendment SA 3 proposed by Mr. the conferees by either House. tax benefit, or targeted tariff benefit, includ- REID (for himself, Mr. MCCONNELL, Mrs. (1) For the purpose of this section, ‘‘matter ing how the earmark, targeted tax benefit, FEINSTEIN, Mr. BENNETT, Mr. LIEBER- or targeted tariff benefit advances the ‘Gen- not committed to the conferees by either MAN, Ms. COLLINS, Mr. OBAMA, Mr. eral Welfare’ of the United States of Amer- House’’ shall be limited to any matter which: SALAZAR, and Mr. DURBIN) to the bill S. (A) in the case of an appropriations Act, is ica; a provision containing subject matter out- ‘‘(b) the total number of earmarks, limited 1, to provide greater transparency in side the jurisdiction of the Senate Com- tax benefits or tariff benefits in the bill, the legislative process; as follows: mittee on Appropriations; joint resolution, report, conference report, or On page 4, strike line 11 through line 10, (B) would, if offered as an amendment on statement of managers; and page 5, and insert the following: the Senate floor, be considered ‘‘general leg- ‘‘(c) a calculation of the total budget, con- that portion of the conference report that islation’’ under Rule XVI of the Standing tract or other spending authority or revenue has not been stricken and any modification Rules of the Senate; impact of all the congressional earmarks, (C) would be considered ‘‘not germane’’ limited tax benefits or tariff benefits in the of total amounts appropriated necessary to under Rule XXII of the Standing Rules of the bill, joint resolution, report, conference re- reflect the deletion of the matter struck Senate; or port, or statement of managers; from the conference report; (D) consists specific provision of a con- (B) the question shall be debatable; and is available along with such bill, joint reso- (C) no further amendment shall be in taining a specific level of funding for any lution, report, conference report, or state- specific account, specific program, specific order; and ment of managers to all Members and the (3) if the Senate agrees to the amendment, project, or specific activity, when no such list is made available to the general public specific funding was provided for such spe- then the bill and the Senate amendment by means of placement on any website with- thereto shall be returned to the House for its cific account, specific program, specific in the senate.gov domain, the gpo.gov do- project, or specific activity in the measure concurrence in the amendment of the Sen- main, or through the THOMAS system on ate. originally committed to the conferees by ei- the loc.gov domain at least 2 calendar days ther House. before the Senate proceeds to it.’’. (c) SUPERMAJORITY WAIVER AND APPEAL.— (2) For the purpose of this section, ‘‘matter This section may be waived or suspended in 3 not committed to the conferees by either SA 27. Mr. CORNYN proposed an the Senate only by an affirmative vote of ⁄5 House’’ shall not include any changes to any amendment to amendment SA 3 pro- of the Members, duly chosen and sworn. An numbers, dollar amounts, or dates, or to any affirmative vote of 3⁄5 of the Members of the specific accounts, specific programs, specific posed by Mr. REID (for himself, Mr. Senate, duly chosen and sworn, shall be re- projects, or specific activities which were MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- quired in the Senate to sustain an appeal of originally provided for in the measure com- NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. the ruling of the Chair on a point of order mitted to the conferees by either House. OBAMA, Mr. SALAZAR, and Mr. DURBIN) raised under this section.

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(d) ANY MATTER.—In this section, the term ‘‘(f) A point of order under subparagraph ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL ‘‘any matter’’ means any new matter, in- (a) may be waived only by a motion agreed FUNDS. cluding general legislation, unauthorized ap- to by the affirmative vote of three-fifths of ‘‘(a) IN GENERAL.—A recipient of Federal propriations, and non-germane matter. the Senators duly chosen and sworn. If an funds shall file a report as required by sec- SEC. 102A. REFORM OF CONSIDERATION OF AP- appeal is taken from the ruling of the Pre- tion 5(a) containing— PROPRIATIONS BILLS IN THE SEN- siding Officer with respect to such a point of ‘‘(1) the name of any lobbyist registered ATE. order, the ruling of the Presiding Officer under this Act to whom the recipient paid (a) IN GENERAL.—Rule XVI of the Standing shall be sustained absent an affirmative vote money to lobby on behalf of the Federal Rules of the Senate is amended by adding at of three-fifths of the Senators duly chosen funding received by the recipient; and the end the following: and sworn. ‘‘(2) the amount of money paid as described ‘‘9. (a) On a point of order made by any in paragraph (1). Senator: ‘‘(g) Notwithstanding any other rule of the ‘‘(b) DEFINITION.—In this section, the term ‘‘(1) No new or general legislation nor any Senate, it shall be in order for a Senator to ‘recipient of Federal funds’ means the recipi- unauthorized appropriation may be included raise a single point of order that several pro- ent of Federal funds constituting an award, in any general appropriation bill. visions of a general appropriation bill or an grant, or loan.’’. ‘‘(2) No amendment may be received to any amendment between the Houses on a general (c) PROHIBITION ON OBLIGATION OF FUNDS general appropriation bill the effect of which appropriation bill violate subparagraph (a). FOR APPROPRIATIONS EARMARKS INCLUDED will be to add an unauthorized appropriation The Presiding Officer may sustain the point ONLY IN CONGRESSIONAL REPORTS.— to the bill. of order as to some or all of the provisions (1) IN GENERAL.—No Federal agency may ‘‘(3) No unauthorized appropriation may be against which the Senator raised the point of obligate any funds made available in an ap- included in any amendment between the order. If the Presiding Officer so sustains the propriation Act to implement an earmark Houses, or any amendment thereto, in rela- point of order as to some or all of the provi- that is included in a congressional report ac- tion to a general appropriation bill. sions against which the Senator raised the companying the appropriation Act, unless ‘‘(b)(1) If a point of order under subpara- point of order, then only those provisions the earmark is also included in the appro- graph (a)(1) against a Senate bill or amend- against which the Presiding Officer sustains priation Act. ment is sustained— the point of order shall be deemed stricken (2) DEFINITIONS.—For purposes of this sub- ‘‘(A) the new or general legislation or un- pursuant to this paragraph. Before the Pre- section: authorized appropriation shall be struck siding Officer rules on such a point of order, (A) The term ‘‘assistance’’ includes an from the bill or amendment; and any Senator may move to waive such a point award, grant, loan, loan guarantee, contract, ‘‘(B) any modification of total amounts ap- of order, in accordance with subparagraph or other expenditure. propriated necessary to reflect the deletion (f), as it applies to some or all of the provi- (B) The term ‘‘congressional report’’ means of the matter struck from the bill or amend- sions against which the point of order was a report of the Committee on Appropriations ment shall be made. raised. Such a motion to waive is amendable of the House of Representatives or the Sen- ‘‘(2) If a point of order under subparagraph in accordance with the rules and precedents ate, or a joint explanatory statement of a (a)(1) against an Act of the House of Rep- of the Senate. After the Presiding Officer committee of conference. resentatives is sustained when the Senate is rules on such a point of order, any Senator (C) The term ‘‘earmark’’ means a provision not considering an amendment in the nature may appeal the ruling of the Presiding Offi- that specifies the identity of an entity to re- of a substitute, then an amendment to the cer on such a point of order as it applies to ceive assistance and the amount of the as- House bill is deemed to have been adopted some or all of the provisions on which the sistance. that— Presiding Officer ruled. (D) The term ‘‘entity’’ includes a State or locality. ‘‘(A) strikes the new or general legislation ‘‘(h) For purposes of this paragraph: (3) EFFECTIVE DATE.—This subsection shall or unauthorized appropriation from the bill; ‘‘(1) The term ‘new or general legislation’ apply to appropriation Acts enacted after and has the meaning given that term when it is December 31, 2007. ‘‘(B) modifies, if necessary, the total used in paragraph 2 of this rule. amounts appropriated by the bill to reflect ‘‘(2)(A) The term ‘unauthorized appropria- SEC. 103. EARMARKS. the deletion of the matter struck from the tion’ means an appropriation— The Standing Rules of the Senate are bill; ‘‘(i) not specifically authorized by law or amended by adding at the end the following: ‘‘(c) If the point of order against an amend- Treaty stipulation (unless the appropriation ‘‘RULE XLIV ment under subparagraph (a)(2) is sustained, has been specifically authorized by an Act or ‘‘EARMARKS then the amendment shall be out of order resolution previously passed by the Senate ‘‘1. In this rule— and may not be considered. during the same session or proposed in pur- ‘‘(1) the term ‘earmark’ means a provision ‘‘(d)(1) If a point of order under subpara- suance of an estimate submitted in accord- that specifies the identity of an entity (by graph (a)(3) against a Senate amendment is ance with law); or sustained, then— ‘‘(ii) the amount of which exceeds the SA 29. Mr. MCCAIN (for himself, Mr. ‘‘(A) the unauthorized appropriation shall amount specifically authorized by law or FEINGOLD, and Mr. GRAHAM) submitted be struck from the amendment; Treaty stipulation (or specifically author- an amendment intended to be proposed ‘‘(B) any modification of total amounts ap- ized by an Act or resolution previously propriated necessary to reflect the deletion by him to the bill S. 1, to provide passed by the Senate during the same session of the matter struck from the amendment greater transparency in the legislative or proposed in pursuance of an estimate sub- shall be made; and process; as follows: mitted in accordance with law) to be appro- ‘‘(C) after all other points of order under On page 4, strike line 11 through line 2, priated. this paragraph have been disposed of, the page 5, and insert the following: ‘‘(B) An appropriation is not specifically Senate shall proceed to consider the amend- authorized if it is restricted or directed to, that portion of the conference report that ment as so modified. or authorized to be obligated or expended for has not been stricken and any modification ‘‘(2) If a point of order under subparagraph the benefit of, an identifiable person, pro- of total amounts appropriated necessary to (a)(3) against a House of Representatives gram, project, entity, or jurisdiction by ear- reflect the deletion of the matter struck amendment is sustained, then— marking or other specification, whether by from the conference report; ‘‘(A) an amendment to the House amend- name or description, in a manner that is so (B) the question shall be debatable; and ment is deemed to have been adopted that— restricted, directed, or authorized that it ap- (C) no further amendment shall be in ‘‘(i) strikes the new or general legislation plies only to a single identifiable person, order; and or unauthorized appropriation from the program, project, entity, or jurisdiction, un- (3) if the Senate agrees to the amendment, House amendment; and less the identifiable person, program, then the bill and the Senate amendment ‘‘(ii) modifies, if necessary, the total project, entity, or jurisdiction to which the thereto shall be returned to the House for its amounts appropriated by the bill to reflect restriction, direction, or authorization ap- concurrence in the amendment of the Sen- the deletion of the matter struck from the plies is described or otherwise clearly identi- ate. House amendment; and fied in a law or Treaty stipulation (or an Act (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(B) after all other points of order under or resolution previously passed by the Sen- This section may be waived or suspended in this paragraph have been disposed of, the 3 ate during the same session or in the esti- the Senate only by an affirmative vote of ⁄5 Senate shall proceed to consider the question mate submitted in accordance with law) that of the Members, duly chosen and sworn. An of whether to concur with further amend- 3 specifically provides for the restriction, di- affirmative vote of ⁄5 of the Members of the ment. rection, or authorization of appropriation for Senate, duly chosen and sworn, shall be re- ‘‘(e) The disposition of a point of order quired in the Senate to sustain an appeal of such person, program, project, entity, or ju- made under any other paragraph of this rule, the ruling of the Chair on a point of order risdiction.’’. or under any other Standing Rule of the Sen- raised under this section. ate, that is not sustained, or is waived, does (b) LOBBYING ON BEHALF OF RECIPIENTS OF (d) ANY MATTER.—In this section, the term not preclude, or affect, a point of order made FEDERAL FUNDS.—The Lobbying Disclosure ‘‘any matter’’ means any new matter, in- under subparagraph (a) with respect to the Act of 1995 is amended by adding after sec- cluding general legislation, unauthorized ap- same matter. tion 5 the following: propriations, and non-germane matter.

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S469 SEC. 102A. REFORM OF CONSIDERATION OF AP- appeal is taken from the ruling of the Pre- money to lobby on behalf of the Federal PROPRIATIONS BILLS IN THE SEN- siding Officer with respect to such a point of funding received by the recipient; and ATE. order, the ruling of the Presiding Officer ‘‘(2) the amount of money paid as described (a) IN GENERAL.—Rule XVI of the Standing shall be sustained absent an affirmative vote in paragraph (1). Rules of the Senate is amended by adding at of three-fifths of the Senators duly chosen ‘‘(b) DEFINITION.—In this section, the term the end the following: and sworn. ‘recipient of Federal funds’ means the recipi- ‘‘9.(a) On a point of order made by any Sen- ‘‘(g) Notwithstanding any other rule of the ent of Federal funds constituting an award, ator: Senate, it shall be in order for a Senator to grant, or loan.’’. ‘‘(1) No new or general legislation nor any raise a single point of order that several pro- (c) PROHIBITION ON OBLIGATION OF FUNDS unauthorized appropriation may be included visions of a general appropriation bill or an FOR APPROPRIATIONS EARMARKS INCLUDED in any general appropriation bill. amendment between the Houses on a general ONLY IN CONGRESSIONAL REPORTS.— ‘‘(2) No amendment may be received to any appropriation bill violate subparagraph (a). (1) IN GENERAL.—No Federal agency may general appropriation bill the effect of which The Presiding Officer may sustain the point obligate any funds made available in an ap- will be to add an unauthorized appropriation of order as to some or all of the provisions propriation Act to implement an earmark to the bill. against which the Senator raised the point of that is included in a congressional report ac- ‘‘(3) No unauthorized appropriation may be order. If the Presiding Officer so sustains the companying the appropriation Act, unless included in any amendment between the point of order as to some or all of the provi- the earmark is also included in the appro- Houses, or any amendment thereto, in rela- sions against which the Senator raised the priation Act. tion to a general appropriation bill. point of order, then only those provisions (2) DEFINITIONS.—For purposes of this sub- ‘‘(b)(1) If a point of order under subpara- against which the Presiding Officer sustains section: graph (a)(1) against a Senate bill or amend- the point of order shall be deemed stricken (A) The term ‘‘assistance’’ includes an ment is sustained— pursuant to this paragraph. Before the Pre- award, grant, loan, loan guarantee, contract, ‘‘(A) the new or general legislation or un- siding Officer rules on such a point of order, or other expenditure. any Senator may move to waive such a point authorized appropriation shall be struck (B) The term ‘‘congressional report’’ means of order, in accordance with subparagraph from the bill or amendment; and a report of the Committee on Appropriations (f), as it applies to some or all of the provi- ‘‘(B) any modification of total amounts ap- of the House of Representatives or the Sen- sions against which the point of order was propriated necessary to reflect the deletion ate, or a joint explanatory statement of a raised. Such a motion to waive is amendable of the matter struck from the bill or amend- committee of conference. ment shall be made. in accordance with the rules and precedents of the Senate. After the Presiding Officer (C) The term ‘‘earmark’’ means a provision ‘‘(2) If a point of order under subparagraph that specifies the identity of an entity to re- (a)(1) against an Act of the House of Rep- rules on such a point of order, any Senator may appeal the ruling of the Presiding Offi- ceive assistance and the amount of the as- resentatives is sustained when the Senate is sistance. not considering an amendment in the nature cer on such a point of order as it applies to some or all of the provisions on which the (D) The term ‘‘entity’’ includes a State or of a substitute, then an amendment to the locality. House bill is deemed to have been adopted Presiding Officer ruled. ‘‘(h) For purposes of this paragraph: (3) EFFECTIVE DATE.—This subsection shall that— ‘‘(1) The term ‘new or general legislation’ apply to appropriation Acts enacted after ‘‘(A) strikes the new or general legislation has the meaning given that term when it is December 31, 2007. or unauthorized appropriation from the bill; used in paragraph 2 of this rule. and ‘‘(2)(A) The term ‘unauthorized appropria- SA 30. Mr. LIEBERMAN (for himself, ‘‘(B) modifies, if necessary, the total tion’ means an appropriation— Ms. COLLINS, Mr. OBAMA, Mr. MCCAIN, amounts appropriated by the bill to reflect ‘‘(i) not specifically authorized by law or the deletion of the matter struck from the Mr. FEINGOLD, Mr. KERRY, Mr. CARPER) Treaty stipulation (unless the appropriation proposed an amendment to amendment bill; has been specifically authorized by an Act or SA 3 proposed by Mr. REID (for himself, ‘‘(c) If the point of order against an amend- resolution previously passed by the Senate ment under subparagraph (a)(2) is sustained, during the same session or proposed in pur- Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. then the amendment shall be out of order suance of an estimate submitted in accord- BENNETT, Mr. LIEBERMAN, Ms. COLLINS, and may not be considered. ance with law); or Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- ‘‘(d)(1) If a point of order under subpara- ‘‘(ii) the amount of which exceeds the BIN) to the bill S. 1, to provide greater graph (a)(3) against a Senate amendment is amount specifically authorized by law or sustained, then— transparency in the legislative process; Treaty stipulation (or specifically author- as follows: ‘‘(A) the unauthorized appropriation shall ized by an Act or resolution previously At the end of the amendment, add the fol- be struck from the amendment; passed by the Senate during the same session lowing: ‘‘(B) any modification of total amounts ap- or proposed in pursuance of an estimate sub- propriated necessary to reflect the deletion mitted in accordance with law) to be appro- TITLE III—SENATE OFFICE OF PUBLIC of the matter struck from the amendment priated. INTEGRITY shall be made; and ‘‘(B) An appropriation is not specifically SEC. 301. ESTABLISHMENT OF SENATE OFFICE OF ‘‘(C) after all other points of order under authorized if it is restricted or directed to, PUBLIC INTEGRITY. this paragraph have been disposed of, the or authorized to be obligated or expended for There is established, as an office within Senate shall proceed to consider the amend- the benefit of, an identifiable person, pro- the Senate, the Senate Office of Public In- ment as so modified. gram, project, entity, or jurisdiction by ear- tegrity (referred to in this title as the ‘‘Of- ‘‘(2) If a point of order under subparagraph marking or other specification, whether by fice’’). (a)(3) against a House of Representatives name or description, in a manner that is so SEC. 302. DIRECTOR. amendment is sustained, then— restricted, directed, or authorized that it ap- (a) APPOINTMENT OF DIRECTOR.— ‘‘(A) an amendment to the House amend- plies only to a single identifiable person, (1) IN GENERAL.—The Office shall be headed ment is deemed to have been adopted that— program, project, entity, or jurisdiction, un- by a Director who shall be appointed by the ‘‘(i) strikes the new or general legislation less the identifiable person, program, President Pro Tempore of the Senate upon or unauthorized appropriation from the project, entity, or jurisdiction to which the the joint recommendation of the majority House amendment; and restriction, direction, or authorization ap- leader of the Senate and the minority leader ‘‘(ii) modifies, if necessary, the total plies is described or otherwise clearly identi- of the Senate. The selection and appoint- amounts appropriated by the bill to reflect fied in a law or Treaty stipulation (or an Act ment of the Director shall be without regard the deletion of the matter struck from the or resolution previously passed by the Sen- to political affiliation and solely on the basis House amendment; and ate during the same session or in the esti- of fitness to perform the duties of the Office. ‘‘(B) after all other points of order under mate submitted in accordance with law) that (2) QUALIFICATIONS.—The Director shall this paragraph have been disposed of, the specifically provides for the restriction, di- possess demonstrated integrity, independ- Senate shall proceed to consider the question rection, or authorization of appropriation for ence, and public credibility and shall have of whether to concur with further amend- such person, program, project, entity, or ju- training or experience in law enforcement, ment. risdiction.’’. the judiciary, civil or criminal litigation, or ‘‘(e) The disposition of a point of order (b) LOBBYING ON BEHALF OF RECIPIENTS OF as a member of a Federal, State, or local eth- made under any other paragraph of this rule, FEDERAL FUNDS.—The Lobbying Disclosure ics enforcement agency. or under any other Standing Rule of the Sen- Act of 1995 is amended by adding after sec- (b) VACANCY.—A vacancy in the director- ate, that is not sustained, or is waived, does tion 5 the following: ship shall be filled in the manner in which not preclude, or affect, a point of order made ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL the original appointment was made. under subparagraph (a) with respect to the FUNDS. (c) TERM OF OFFICE.—The Director shall same matter. ‘‘(a) IN GENERAL.—A recipient of Federal serve for a term of 5 years and may be re- ‘‘(f) A point of order under subparagraph funds shall file a report as required by sec- appointed. (a) may be waived only by a motion agreed tion 5(a) containing— (d) REMOVAL.— to by the affirmative vote of three-fifths of ‘‘(1) the name of any lobbyist registered (1) AUTHORITY.—The Director may be re- the Senators duly chosen and sworn. If an under this Act to whom the recipient paid moved by the President Pro Tempore of the

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S470 CONGRESSIONAL RECORD — SENATE January 11, 2007 Senate upon the joint recommendation of (ii) there is a lack of credible evidence of a notify the Select Committee on Ethics of the the Senate majority and minority leaders violation; or Senate of this determination. for— (iii) the violation is inadvertent, technical, (2) COMMITTEE DECISION.—The Select Com- (A) disability that substantially prevents or otherwise of a de minimis nature. mittee on Ethics may overrule the deter- the Director from carrying out the duties of (C) REFERRAL.—In any case where the Di- mination of the Director if, within 30 legisla- the Director; rector decides to dismiss a complaint, the tive days— (B) inefficiency; Director may refer the case to the Select (A) the committee by an affirmative, roll- (C) neglect of duty; or Committee on Ethics of the Senate under call vote of two-thirds of the full committee (D) malfeasance, including a felony or con- paragraph (3) to determine if the complaint votes to overrule the determination of the duct involving moral turpitude. is frivolous. Director; (2) STATEMENT OF REASONS.—In removing (3) FRIVOLOUS COMPLAINTS.—If the Select (B) the committee issues a public report on the Director, a statement of the reasons for Committee on Ethics of the Senate deter- the matter; and removal shall be provided in writing to the mines that a complaint is frivolous, the com- (C) the vote of each member of the com- Director. mittee may notify the Director not to accept mittee on such roll-call vote is included in (e) COMPENSATION.—The Director shall be any future complaint filed by that same per- the report. compensated at the annual rate of basic pay son and the complainant may be required to (3) DETERMINATION AND RULING.— prescribed for level V of the Executive pay for the costs of the Office resulting from (A) REFERRAL.—If the Director determines Schedule under section 5316 of title 5, United such complaint. The Director may refer the there is probable cause that an ethics viola- States Code. matter to the Department of Justice to col- tion has occurred and the Director’s deter- lect such costs. SEC. 303. DUTIES AND POWERS OF THE OFFICE. mination is not overruled, the Director shall (4) PRELIMINARY DETERMINATION.—For any (a) DUTIES.—The Office is authorized— present the case and evidence to the Select investigation conducted by the Office at its (1) to investigate any alleged violation by Committee on Ethics of the Senate to hear own initiative, the Director shall make a a Member, officer, or employee of the Sen- and make a determination pursuant to its preliminary determination of whether there ate, of any rule or other standard of conduct rules. are sufficient grounds to conduct an inves- applicable to the conduct of such Member, (B) FINAL DECISION.—The Select Committee tigation. Before making that determination, officer, or employee under applicable Senate on Ethics shall vote upon whether the indi- the subject of the investigation shall be pro- vidual who is the subject of the investigation rules in the performance of his duties or the vided by the Director with an opportunity to discharge of his responsibilities; has violated any rules or other standards of submit information to the Director that conduct applicable to that individual in his (2) to present a case of probable ethics vio- there are not sufficient grounds to conduct lations to the Select Committee on Ethics of official capacity. Such votes shall be a roll- an investigation. call vote of the full committee, a quorum the Senate; (5) NOTICE TO COMMITTEE.—Whenever the (3) to make recommendations to the Select being present. The committee shall issue a Director determines that there are sufficient public report which shall include the vote of Committee on Ethics of the Senate that it grounds to conduct an investigation— report to the appropriate Federal or State each member of the committee on such roll- (A) the Director shall notify the Select call vote. authorities any substantial evidence of a vio- Committee on Ethics of the Senate of this (d) SANCTIONS.—Whenever the Select Com- lation by a Member, officer, or employee of determination; and the Senate of any law applicable to the per- mittee on Ethics of the Senate finds that an (B) the committee may overrule the deter- ethics violation has occurred, the Director formance of his duties or the discharge of his mination of the Director if, within 10 legisla- shall recommend appropriate sanctions to responsibilities, which may have been dis- tive days— the committee and whether a matter should closed in an investigation by the Office; and (i) the committee by an affirmative, roll- be referred to the Department of Justice for (4) subject to review by the Select Com- call vote of two-thirds of the full committee investigation. mittee on Ethics to approve, or deny ap- votes to overrule the determination of the proval, of trips as provided for in paragraph Director; SEC. 305. PROCEDURAL RULES. 2(f) of rule XXXV of the Standing Rules of (ii) the committee issues a public report on (a) PROHIBITION OF CERTAIN INVESTIGA- the Senate. the matter; and TIONS.—No investigation shall be undertaken (b) POWERS.— (iii) the vote of each member of the com- by the Office of any alleged violation of a (1) OBTAINING INFORMATION.—Upon request mittee on such roll-call vote is included in law, rule, regulation, or standard of conduct of the Office, the head of any agency or in- the report. not in effect at the time of the alleged viola- strumentality of the Government shall fur- (b) CONDUCTING INVESTIGATIONS.— tion. nish information deemed necessary by the (1) IN GENERAL.—If the Director determines (b) DISCLOSURE.—Information or testimony Director to enable the Office to carry out its that there are sufficient grounds to conduct received, or the contents of a complaint or duties. an investigation and his determination is the fact of its filing, or recommendations (2) REFERRALS TO THE DEPARTMENT OF JUS- not overruled under subsection (a)(5), the Di- made by the Director to the committee, may TICE.—Whenever the Director has reason to rector shall conduct an investigation to de- be publicly disclosed by the Director or by believe that a violation of law may have oc- termine if probable cause exists that a viola- the staff of the Office only if authorized by curred, he shall refer that matter to the Se- tion occurred. the Select Committee on Ethics of the Sen- lect Committee on Ethics with a rec- (2) AUTHORITY.—As part of an investiga- ate. ommendation as to whether the matter tion, the Director may— SEC. 306. SOPI EMPLOYEES UNDER THE CON- should be referred to the Department of Jus- (A) administer oaths; GRESSIONAL ACCOUNTABILITY ACT. tice or other appropriate authority for inves- (B) issue subpoenas; Section 101 of the Congressional Account- tigation or other action. (C) compel the attendance of witnesses and ability Act of 1995 (2 U.S.C. 3) is amended— SEC. 304. INVESTIGATIONS AND INTERACTION the production of papers, books, accounts, (1) in paragraph (3)— WITH THE SENATE SELECT COM- documents, and testimony; and (A) in subparagraph (H), by striking ‘‘or’’; MITTEE ON ETHICS. (D) himself, or by delegation to Office (B) in subparagraph (I), by striking the pe- (a) INITIATION OF ENFORCEMENT MATTERS.— staff, take the deposition of witnesses. riod and inserting ‘‘; or’’; and (1) IN GENERAL.—An investigation may be (3) REFUSAL TO OBEY.—If a person disobeys (C) by adding at the end the following: initiated by the filing of a complaint with or refuses to comply with a subpoena, or if a ‘‘(J) the Office of Public Integrity.’’; and the Office by a Member of Congress or an witness refuses to testify to a matter, he (2) in paragraph (9), by striking ‘‘and the outside complainant, or by the Office on its may be held in contempt of Congress. Office of Technology Assessment’’ and in- own initiative, based on any information in (4) ENFORCEMENT.—If the Director deter- serting ‘‘the Office of Technology Assess- its possession. The Director shall not accept mines that the Director is limited in the Di- ment, and the Senate Office of Public Integ- a complaint concerning a Member of Con- rector’s ability to obtain documents, testi- rity’’. gress within 60 days of an election involving mony, and other information needed as part SEC. 307. EFFECTIVE DATE. such Member. of an investigation because of potential con- (a) IN GENERAL.—Except as provided by (2) FILED COMPLAINT.— stitutional, statutory, or rules restrictions, subsection (b), this title shall take effect on (A) TIMING.—In the case of a complaint or due to lack of compliance, the Director October 1, 2007. that is filed, the Director shall within 30 may refer the matter to the Select Com- (b) EXCEPTION.—Section 302 shall take ef- days make an initial determination as to mittee on Ethics of the Senate for consider- fect upon the date of enactment of this Act. whether the complaint should be dismissed ation and appropriate action by the com- or whether there are sufficient grounds to mittee. The committee shall promptly act SA 31. Mr. FEINGOLD (for himself conduct an investigation. The subject of the on a request under this paragraph. and Mr. OBAMA) submitted an amend- complaint shall be provided by the Director (c) PRESENTATION OF CASE TO SENATE SE- ment intended to be proposed by him with an opportunity during the 30-day period LECT COMMITTEE ON ETHICS.— to challenge the complaint. (1) NOTICE TO COMMITTEES.—If the Director to the bill S. 1, to provide greater (B) DISMISSAL.—The Director may dismiss determines, upon conclusion of an investiga- transparency in the legislative process; a complaint if the Director determines— tion, that probable cause exists that an eth- which was ordered to lie on the table; (i) the complaint fails to state a violation; ics violation has occurred, the Director shall as follows:

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S471 On page 50, line 25, strike ‘‘1995.’’;’’ and all SA 33. Mr. FEINGOLD (for himself real property or public or private nonprofit that follows through page 51, line 12, and in- and Mr. OBAMA) submitted an amend- facilities: sert the following: ‘‘1995. ment intended to be proposed by him ‘‘(i) Acquisition. ‘‘(3) MEMBERS OF CONGRESS AND ELECTED to the bill S. 1, to provide greater ‘‘(ii) Planning. OFFICERS.—Any person who is a Member of ‘‘(iii) Design. Congress or an elected officer of either House transparency in the legislative process; ‘‘(iv) Purchase of equipment. of Congress and who, within 2 years after which was ordered to lie on the table; ‘‘(v) Revitalization, reconstruction, or re- that person leaves office, knowingly engages as follows: habilitation. in lobbying activities on behalf of any other On page 10, line 9, strike ‘‘Leader.’’.’’ and ‘‘(vi) Redevelopment. person (except the United States) in connec- insert the following: ‘‘Leader. ‘‘(vii) Construction. tion with any matter on which such former ‘‘3. A former Member of the Senate may ‘‘(B) EXPRESS PROHIBITIONS.—In addition to Member of Congress or elected officer seeks not exercise privileges to use Senate or the general prohibition described in subpara- action by a Member, officer, or employee of House gym or exercise facilities or member- graph (A), no amount of funds provided or either House of Congress shall be punished as only parking spaces if such Member is— made available in an earmark for purposes of provided in section 216 of this title.’’. (1) a registered lobbyist or agent of a for- funding grants under this section may be (3) in paragraph (6)— eign principal; or used by the Secretary for any of the fol- (A) by striking ‘‘paragraphs (2), (3), and (2) in the employ of or represents any lowing purposes: (4)’’ and inserting ‘‘paragraph (2)’’; party or organization for the purpose of in- ‘‘(i) Reimbursement of expense, including (B) by striking ‘‘(A)’’; fluencing, directly or indirectly, the passage, debt services or retirements. (C) by striking subparagraph (B); and defeat, or amendment of any legislative pro- ‘‘(ii) Transportation or road projects. (D) by redesignating the paragraph as posal.’’. ‘‘(iii) Expenses for program operations. paragraph (4); and ‘‘(iv) Homeland Security or first responder (4) by redesignating paragraph (7) as para- SA 34. Mr. FEINGOLD (for himself projects. graph (5). and Mr. OBAMA) submitted an amend- ‘‘(v) Healthcare facilities. (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- ment intended to be proposed by him ‘‘(C) REPORTS.— tion 207(i) of title 18, United States Code, is ‘‘(i) REQUIRED BEFORE DISBURSAL.—The amended— to the bill S. 1, to provide greater Secretary may not release any grant funds (1) in paragraph (2), by striking ‘‘and’’ transparency in the legislative process; provided for or made available by an ear- after the semicolon; which was ordered to lie on the table; mark to an eligible public entity or public or (2) in paragraph (3), by striking the period as follows: private nonprofit organization under this and inserting ‘‘; and’’; and At the end of subtitle A of title II insert subsection, unless such entity or organiza- (3) by adding at the end the following: the following: tion submits to the Secretary a report de- ‘‘(4) the term ‘lobbying activities’ has the SEC. 225. ELECTRONIC FILING OF ELECTION RE- tailing the economic impact of the earmark. same meaning given such term in section 3(7) PORTS OF SENATE CANDIDATES. ‘‘(ii) CONTENTS OF REPORT.— of the Lobbying Disclosure Act (2 U.S.C. (a) IN GENERAL.—Section 304(a)(11)(D) of ‘‘(I) IN GENERAL.—The report required 1602(7)).’’. the Federal Election Campaign Act of 1971 (2 under clause (i) shall be submitted by the el- (d) EFFECTIVE DATE.—The amendments U.S.C. 434(a)(11)(D)) is amended to read as igible public entity or public or private non- made by subsection (b) shall take effect 60 follows: profit organization to the Secretary at such days after the date of enactment of this Act. ‘‘(D) As used in this paragraph, the terms time, in such manner, and containing such information as the Secretary may require. SA 32. Mr. FEINGOLD (for himself ‘designation’, ‘statement’, or ‘report’ mean a designation, statement, or report, respec- ‘‘(II) LIMITATION.—In any report required and Mr. OBAMA) submitted an amend- tively, which— under clause (i), the Secretary— ment intended to be proposed by him ‘‘(i) is required by this Act to be filed with ‘‘(aa) shall not require the disclosure of to the bill S. 1, to provide greater the Commission; or any confidential information of the eligible transparency in the legislative process; ‘‘(ii) is required under section 302(g) to be public entity or public or private nonprofit which was ordered to lie on the table; filed with the Secretary of the Senate and organization, or of any subgrantee employed as follows: forwarded by the Secretary to the Commis- by such entity or organization; and ‘‘(bb) shall ensure that the requirements of On page 17, line 15, strike ‘‘1 year’’ and in- sion.’’. such report are uniform for all grants funded sert ‘‘2 years’’. (b) CONFORMING AMENDMENTS.— On page 50, line 25, strike ‘‘1995.’’;’’ and all (1) Section 302(g)(2) of the Federal Election by an earmark within each fiscal year. that follows through page 51, line 12, and in- Campaign Act of 1971 (2 U.S.C. 432(g)(2)) is ‘‘(III) RELEASE OF CHANGE IN REPORTING RE- sert the following: ‘‘1995. amended by inserting ‘‘or 1 working day in QUIREMENTS.—The Secretary shall publish ‘‘(3) MEMBERS OF CONGRESS AND ELECTED the case of a designation, statement, or re- any changes to the reporting requirements OFFICERS.—Any person who is a Member of port filed electronically’’ after ‘‘2 working under this subparagraph in the Federal Reg- Congress or an elected officer of either House days’’. ister not later than January 1 of the year of Congress and who, within 2 years after (2) Section 304(a)(11)(B) of the Federal preceding the fiscal year in which such that person leaves office, knowingly engages Election Campaign Act of 1971 (2 U.S.C. changes are to take effect. in lobbying activities on behalf of any other 434(a)(11)(B)) is amended by inserting ‘‘or ‘‘(iii) AVAILABILITY.—The Secretary shall, person (except the United States) in connec- filed with the Secretary of the Senate under upon request, provide any member of Con- gress with a copy of any report filed under tion with any matter on which such former section 302(g)(1) and forwarded to the Com- this subparagraph. Member of Congress or elected officer seeks mission’’ after ‘‘Act’’. ‘‘(D) SET ASIDE OF BUDGET AUTHORITY.—Not action by a Member, officer, or employee of (c) EFFECTIVE DATE.—The amendments either House of Congress shall be punished as made by this section shall apply to any des- less than 20 percent of the total funds made provided in section 216 of this title.’’; ignation, statement, or report required to be available for purposes of this section in any (3) in paragraph (6)— filed after the date of enactment of this Act. appropriations Act shall be made available (A) by striking ‘‘paragraphs (2), (3), and to the Secretary, free from earmarks, such (4)’’ and inserting ‘‘paragraph (2)’’; SA 35. Mr. MARTINEZ submitted an that the Secretary may award these funds, (B) by striking ‘‘(A)’’; amendment intended to be proposed by in the discretion of the Secretary, to eligible public entities or public or private nonprofit (C) by striking subparagraph (B); and him to the bill S. 1, to provide greater (D) by redesignating the paragraph as organizations under a competitive bidding transparency in the legislative process; process. paragraph (4); and as follows: (4) by redesignating paragraph (7) as para- ‘‘(E) DEFINITIONS.—In this subsection: graph (5). At the appropriate place, insert the fol- ‘‘(i) EARMARK.—the term ‘earmark’ means (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- lowing: a provision of law, or a directive contained tion 207(i) of title 18, United States Code, is SEC. lll. STANDARDS FOR ECONOMIC DEVEL- within a joint explanatory statement or re- amended— OPMENT INITIATIVE EARMARKS. port included in a conference report or bill (1) in paragraph (2), by striking ‘‘and’’ Section 108(q) of the Housing and Commu- primarily at the request of a Member, Dele- after the semicolon; nity Development Act of 1974 (42 U.S.C. gate, Resident Commissioner, or Senator (2) in paragraph (3), by striking the period 5308(q)) is amended by adding at the end the providing, authorizing or recommending a and inserting ‘‘; and’’; and following: specific amount of discretionary budget au- (3) by adding at the end the following: ‘‘(5) CRITERIA FOR CONGRESSIONAL EAR- thority, credit authority, or other spending ‘‘(4) the term ‘lobbying activities’ has the MARKS.— authority for a contract, loan, loan guar- same meaning given such term in section 3(7) ‘‘(A) IN GENERAL.—No amount of funds pro- antee, grant, loan authority, or other ex- of the Lobbying Disclosure Act (2 U.S.C. vided or made available in an earmark for penditure with or to an entity, or targeted to 1602(7)).’’. purposes of funding grants under this sub- a specific State, locality or Congressional (d) EFFECTIVE DATE.—The amendments section may be made available to the Sec- district, other than through a statutory or made by subsection (b) shall take effect 60 retary, unless such funds are used for 1 or administrative formula-driven or competi- days after the date of enactment of this Act. more of the following purposes related to tive award process.

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‘‘(ii) NONPROFIT.—The term ‘nonprofit’ ‘‘(iv) the identity of each Federal, State, (b) IN GENERAL.—Paragraph 1 of rule means, with respect to an organization, asso- and local government entity awarding or ad- XXXV of the Senate Rules is amended by ciation, corporation, or other entity, that no ministering the award and program there- adding at the end the following: part of the net earnings of the entity inures under; ‘‘(h)(1) A Member, officer or, employee may to the benefit of any member, founder, con- ‘‘(v) the name and entity identification accept an offer of free attendance at a con- tributor, or individual. number of each individual, entity, or organi- vention, conference, symposium, forum, ‘‘(iii) PRIVATE NONPROFIT ORGANIZATION.— zation to whom the entity made an award; panel discussion, dinner event, site visit, The term ‘private nonprofit organization’ and viewing, reception, or similar event, pro- means any private organization (including a ‘‘(vi) a brief description of the entity’s po- vided by a sponsor of the event, if— State or locally chartered organization) litical advocacy, and a good faith estimate of ‘‘(A) the cost of any meal provided does not that— the entity’s expenditures on political advo- exceed $50; ‘‘(I) is incorporated under State or local cacy, including a list of any lobbyist reg- ‘‘(B)(i) the event is sponsored by bona fide law; istered under the Lobbying Disclosure Act of constituents of, or a group that consists pri- ‘‘(II) is nonprofit in character; and 1995, foreign agent, or employee of a lobbying marily of bona fide constituents of, the ‘‘(III) complies with standards of financial firm or foreign agent employed by the entity Member (or the Member by whom the officer accountability acceptable to the Secretary. to conduct such advocacy and amounts paid or employee is employed); and ‘‘(iv) PUBLIC NONPROFIT ORGANIZATION.— to each lobbyist or foreign agent. ‘‘(ii) the event will be attended by a group The term ‘public nonprofit organization’ ‘‘(b) OMB COORDINATION.—The Office of of at least 5 bona fide constituents or indi- means any public entity that is nonprofit in Management and Budget shall develop by viduals employed by bona fide constituents character.’’. regulation 1 standardized form for the an- of the Member (or the Member by whom the nual report that shall be accepted by every officer or employee is employed) provided SA 36. Mr. DURBIN submitted an Federal entity, and a uniform procedure by that an individual registered to lobby under amendment intended to be proposed by which each entity is assigned 1 permanent the Federal Lobbying Disclosure Act shall him to the bill S. 1, to provide greater and unique entity identification number. not attend the event; and transparency in the legislative process; ‘‘(c) WEBSITE.—Any information received ‘‘(C)(i) the Member, officer, or employee as follows: under this section shall be available on the participates in the event as a speaker or a website established under section 2(b). panel participant, by presenting information At the appropriate place, insert the fol- ‘‘(d) DEFINITIONS.—In this section: related to Congress or matters before Con- lowing: ‘‘(1) POLITICAL ADVOCACY.—The term ‘polit- gress, or by performing a ceremonial func- SEC. ll. AMENDMENTS AND MOTIONS TO RE- ical advocacy’ includes— tion appropriate to the Member’s, officer’s, COMMIT. ‘‘(A) carrying on propaganda, or otherwise or employee’s official position; or Paragraph 1 of rule XV of the Standing attempting to influence legislation or agen- ‘‘(ii) attendance at the event is appropriate Rules of the Senate is amended to read as cy action, including, but not limited to mon- to the performance of the official duties or follows: etary or in-kind contributions, endorse- representative function of the Member, offi- ‘‘1. (a) An amendment and any instruction ments, publicity, or similar activity; cer, or employee. accompanying a motion to recommit shall ‘‘(B) participating or intervening in (in- ‘‘(2) A Member, officer, or employee who be reduced to writing and copied and pro- cluding the publishing or distributing of attends an event described in clause (1) may vided by the clerk to the desks of the Major- statements) any political campaign on be- accept a sponsor’s unsolicited offer of free ity Leader and the Minority Leader and shall half of (or in opposition to) any candidate for attendance at the event for an accompanying be read before being debated. public office, including but not limited to ‘‘(b) A motion shall be reduced to writing, individual if others in attendance will gen- monetary or in-kind contributions, endorse- if desired by the Presiding Officer or by any erally be similarly accompanied or if such ments, publicity, or similar activity; Senator, and shall be read before being de- attendance is appropriate to assist in the ‘‘(C) participating in any judicial litigation bated.’’. representation of the Senate. or agency proceeding (including as an ami- ‘‘(3) For purposes of this paragraph, the SA 37. Mr. THUNE submitted an cus curiae) in which agents or instrumental- term ‘free attendance’ has the same meaning amendment intended to be proposed to ities of Federal, State, or local governments as in subparagraph (d). are parties, other than litigation in which ‘‘(4) The Select Committee on Ethics shall amendment SA 3 proposed by Mr. REID the entity or award applicant— issue guidelines within 60 days after the en- (for himself, Mr. MCCONNELL, Mrs. ‘‘(i) is a defendant appearing in its own be- actment of this subparagraph on deter- FEINSTEIN, Mr. BENNETT, Mr. LIEBER- half; mining the definition of the term ‘bona fide MAN, Ms. COLLINS, Mr. OBAMA, Mr. ‘‘(ii) is defending its tax-exempt status; or constituent’.’’. SALAZAR, and Mr. DURBIN) to the bill S. ‘‘(iii) is challenging a government decision or action directed specifically at the powers, 1, to provide greater transparency in SA 39. Mr. COLEMAN sumbitted an the legislative process; as follows: rights, or duties of that entity or award ap- plicant; and amendment intended to be proposed by At the appropriate place, insert the fol- ‘‘(D) allocating, disbursing, or contributing him to the bill S. 1, to provide greater lowing: any funds or in-kind support to any indi- transparency in the legislative process; SEC. ll. DISCLOSURE OF POLITICAL ADVOCACY vidual, entity, or organization whose expend- as follows: BY THE RECIPIENT OF ANY FED- itures for political advocacy for the previous ERAL AWARD. At the appropriate place, insert the fol- Federal fiscal year exceeded 15 percent of its The Federal Funding Accountability and lowing: total expenditures for that Federal fiscal Transparency Act of 2006 (Public Law 109– year. SEC. ll. CONGRESSIONAL TRAVEL PUBLIC 282) is amended by adding at the end the fol- ‘‘(2) ENTITY AND FEDERAL AWARD.—The WEBSITE. lowing: terms ‘entity’ and ‘Federal award’ shall have (a) IN GENERAL.—Not later than January 1, ‘‘SEC. 5. DISCLOSURE OF POLITICAL ADVOCACY the same meaning as in section 2(a).’’. BY THE RECIPIENT OF ANY FED- 2008, the Secretary of the Senate and the ERAL AWARD. Clerk of the House of Representatives shall ‘‘(a) IN GENERAL.—Not later than Decem- SA 38. Mrs. FEINSTEIN (for herself each establish a publicly available website ber 31 of each year, an entity that receives and Mr. BENNETT) proposed an amend- that contains information on all officially any Federal award shall provide to each Fed- ment to amendment SA 3 proposed by related congressional travel that is subject eral entity that awarded or administered its Mr. REID (for himself, Mr. MCCONNELL, to disclosure under the gift rules of the Sen- grant an annual report for the prior Federal Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- ate and the House of Representatives, respec- tively, that includes— fiscal year, certified by the entity’s chief ex- BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. ecutive officer or equivalent person of au- (1) a search engine; SALAZAR, and Mr. DURBIN) to the bill S. thority, and setting forth— (2) uniform categorization by Member, ‘‘(1) the entity’s name; 1, to provide greater transparency in dates of travel, and any other common cat- ‘‘(2) the entity’s identification number; and the legislative process; as follows: egories associated with congressional travel; ‘‘(3)(A) a statement that the entity did not At the appropriate place, insert the fol- and engage in political advocacy; or lowing: (3) all forms filed in the Senate and the ‘‘(B) a statement that the entity did en- SEC. ll. FREE ATTENDANCE AT A BONA FIDE House of Representatives relating to offi- gage in political advocacy, and setting forth CONSTITUENT EVENT. cially-related travel referred to in paragraph for each award— (a) IN GENERAL.—Paragraph 1(c) of rule (2), including the ‘‘Disclosure of Member or ‘‘(i) the award identification number; XXXV of the Senate Rules is amended by Officer’s Reimbursed Travel Expenses’’ form ‘‘(ii) the amount or value of the award (in- adding at the end the following: in the Senate. cluding all administrative and overhead ‘‘(24) Subject to the restrictions in sub- (b) EXTENSION AUTHORITY.—If the Sec- costs awarded); paragraph (a)(2), free attendance at a bona retary of the Senate or the Clerk of the ‘‘(iii) a brief description of the purpose or fide constituent event permitted pursuant to House of Representatives is unable to meet purposes for which the award was awarded; subparagraph (h).’’. the deadline established under subsection

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S473 (a), the Committee on Rules and Administra- dent or Vice President) during the reporting related expenses in connection with the du- tion of the Senate or the Committee on period on an aircraft that is not licensed by ties of such covered official, including for Rules of the House of Representatives may the Federal Aviation Administration to op- each such official— grant an extension of such date for the Sec- erate for compensation or hire, together ‘‘(i) an itemization of the payments or re- retary of the Senate or the Clerk of the with the following information: imbursements provided to finance the travel House of Representatives, respectively. ‘‘(A) The date of the flight. and related expenses, and to whom the pay- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) The destination of the flight. ments or reimbursements were made with There are authorized to be appropriated such ‘‘(C) The owner or lessee of the aircraft. the express or implied understanding or sums as are necessary to carry out this sec- ‘‘(D) The purpose of the flight. agreement that such funds will be used for tion. ‘‘(E) The persons on the flight, except for travel and related expenses; any person flying the aircraft.’’. SA 40. Mr. STEVENS proposed an ‘‘(ii) the purpose and final itinerary of the (C) PUBLIC AVAILABILITY.—Paragraph 2(e) trip, including a description of all meetings, amendment to amendment SA 4 pro- of rule XXXV of the Standing Rules of the tours, events, and outings attended; posed by Mr. REID (for himself, Mr. Senate is amended to read as follows: ‘‘(e) The Secretary of the Senate shall ‘‘(iii) whether the registrant or lobbyist DURBIN, Mr. SALAZAR, and Mr. OBAMA) traveled on any such travel; to the amendment SA 3 proposed by make available to the public all disclosures filed pursuant to subparagraphs (f) and (g) as ‘‘(iv) the identity of the listed sponsor or Mr. REID (for himself, Mr. MCCONNELL, soon as possible after they are received and sponsors of such travel; and Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- such matters shall be posted on the Mem- ‘‘(v) the identity of any person or entity, BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. ber’s official website but no later than 30 other than the listed sponsor or sponsors of SALAZAR, and Mr. DURBIN) to the bill S. days after the trip or flight.’’. the travel, who directly or indirectly pro- 1, to provide greater transparency in vided for payment of travel and related ex- the legislative process; as follows: SA 41. Mr. OBAMA (for himself and penses at the request or suggestion of the lobbyist, the registrant, or a political com- On page 8, line 14, after ‘‘entity’’ insert ‘‘or Mr. FEINGOLD) submitted an amend- mittee established or administered by the by a Member of Congress, or Member’s ment intended to be proposed by him spouse or an immediate family member of ei- to the bill S. 1, to provide greater registrant; ther’’. transparency in the legislative process; ‘‘(G) the date, recipient, and amount of funds contributed, disbursed, or arranged (or On page 10, after line 5, insert the fol- which was ordered to lie on the table; a good faith estimate thereof) by the lob- lowing: as follows: byist, the registrant, or a political com- (4) LIMITED FLIGHT EXCEPTION.—Paragraph Strike section 212 and insert the following: mittee established or administered by the 1 of rule XXXV of the Standing Rules of the SEC. 212. QUARTERLY REPORTS ON OTHER CON- registrant— Senate is amended by adding at the end the TRIBUTIONS. ‘‘(i) to pay the cost of an event to honor or following: Section 5 of the Act (2 U.S.C. 1604) is ‘‘(h) For purposes of subparagraph (c)(1) amended by adding at the end the following: recognize a covered legislative branch offi- and rule XXXVIII, if there is not more than ‘‘(d) QUARTERLY REPORTS ON OTHER CON- cial or covered executive branch official; 1 regularly scheduled flight daily from a TRIBUTIONS.— ‘‘(ii) to, or on behalf of, an entity that is point in a Member’s State to another point ‘‘(1) IN GENERAL.—Not later than 45 days named for a covered legislative branch offi- within that Member’s State, the Select Com- after the end of the quarterly period begin- cial, or to a person or entity in recognition mittee on Ethics may provide a waiver to ning on the 20th day of January, April, July, of such official; the requirements in subparagraph (c)(1) (ex- and October of each year, or on the first ‘‘(iii) to an entity established, financed, cept in those cases where regular air service business day after the 20th if that day is not maintained, or controlled by a covered legis- is not available between 2 cities) if— a business day, each registrant under para- lative branch official or covered executive ‘‘(1) there is no appearance of or actual graphs (1) or (2) of section 4(a), and each em- branch official, or an entity designated by conflict of interest; and ployee who is listed as a lobbyist on a cur- such official; or ‘‘(2) the Member has the trip approved by rent registration or report filed under this ‘‘(iv) to pay the costs of a meeting, retreat, the committee at a rate determined by the Act, shall file a report with the Secretary of conference, or other similar event held by, or committee. the Senate and the Clerk of the House of for the benefit of, 1 or more covered legisla- In determining rates under clause (2), the Representatives containing— tive branch officials or covered executive committee may consider Ethics Committee ‘‘(A) the name of the registrant or lob- branch officials; Interpretive Ruling 412.’’. byist; ‘‘(H) the date, recipient, and amount of any (5) DISCLOSURE.— ‘‘(B) the employer of the lobbyist or the gift (that under the standing rules of the (A) RULES.—Paragraph 2 of rule XXXV of names of all political committees estab- House of Representatives or Senate counts the Standing Rules of the Senate is amended lished or administered by the registrant; towards the $100 cumulative annual limit de- by adding at the end the following: ‘‘(C) the name of each Federal candidate or scribed in such rules) valued in excess of $20 ‘‘(g) A Member, officer, or employee of the officeholder, leadership PAC, or political given by the lobbyist, the registrant, or a po- Senate shall— party committee, to whom aggregate con- litical committee established or adminis- ‘‘(1) disclose a flight on an aircraft that is tributions equal to or exceeding $200 were tered by the registrant to a covered legisla- not licensed by the Federal Aviation Admin- made by the lobbyist, the registrant, or a po- tive branch official or covered executive istration to operate for compensation or litical committee established or adminis- branch official; and hire, excluding a flight on an aircraft owned, tered by the registrant within the calendar ‘‘(I) the name of each Presidential library operated, or leased by a governmental enti- year, and the date and amount of each con- foundation and Presidential inaugural com- ty, taken in connection with the duties of tribution made within the quarter; the Member, officer, or employee as an of- mittee, to whom contributions equal to or ‘‘(D) the name of each Federal candidate or exceeding $200 were made by the lobbyist, ficeholder or Senate officer or employee; and officeholder, leadership PAC, or political the registrant, or a political committee es- ‘‘(2) with respect to the flight, file a report party committee for whom a fundraising tablished or administered by the registrant with the Secretary of the Senate, including event was hosted, co-hosted, or sponsored by within the calendar year, and the date and the date, destination, and owner or lessee of the lobbyist, the registrant, or a political amount of each such contribution within the the aircraft, the purpose of the trip, and the committee established or administered by quarter. persons on the trip, except for any person the registrant within the quarter, and the flying the aircraft. date, location, and total amount (or good ‘‘(2) RULES OF CONSTRUCTION.— This subparagraph shall apply to flights ap- faith estimate thereof) raised at such event; ‘‘(A) IN GENERAL.—For purposes of this sub- proved under paragraph 1(h).’’. ‘‘(E) the name of each Federal candidate or section, contributions, donations, or other (B) FECA.—Section 304(b) of the Federal officeholder, leadership PAC, or political funds— Election Campaign Act of 1971 (2 U.S.C. party committee for whom aggregate con- ‘‘(i) are ‘collected’ by a lobbyist where 434(b)) is amended— tributions equal to or exceeding $200 were funds donated by a person other than the (i) by striking ‘‘and’’ at the end of para- collected or arranged within the calendar lobbyist are received by the lobbyist for, or graph (7); year, and to the extent known the aggregate forwarded by the lobbyist to, a Federal can- (ii) by striking the period at the end of amount of such contributions (or a good didate or other recipient; and paragraph (8) and inserting ‘‘; and’’; and faith estimate thereof) within the quarter ‘‘(ii) are ‘arranged’ by a lobbyist— (iii) by adding at the end the following: for each recipient; ‘‘(I) where there is a formal or informal ‘‘(9) in the case of a principal campaign ‘‘(F) the name of each covered legislative agreement, understanding, or arrangement committee of a candidate (other than a can- branch official or covered executive branch between the lobbyist and a Federal candidate didate for election to the office of President official for whom the lobbyist, the reg- or other recipient that such contributions, or Vice President), any flight taken by the istrant, or a political committee established donations, or other funds will be or have candidate (other than a flight designated to or administered by the registrant provided, been credited or attributed by the Federal transport the President, Vice President, or a or directed or caused to be provided, any candidate or other recipient in records, des- candidate for election to the office of Presi- payment or reimbursements for travel and ignations, or formal or informal recognitions

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S474 CONGRESSIONAL RECORD — SENATE January 11, 2007 as having been raised, solicited, or directed for the hearing record should send two The legislative clerk proceeded to by the lobbyist; or copies of their testimony to the Com- call the roll. ‘‘(II) where the lobbyist has actual knowl- mittee on Energy and Natural Re- Mr. BROWN. Mr. President, I ask edge that the Federal candidate or other re- sources, United States Senate, Wash- unanimous consent that the order for cipient is aware that the contributions, do- nations, or other funds were solicited, ar- ington, DC, 20510–6150. the quorum call be rescinded. ranged, or directed by the lobbyist. For further information, please con- The PRESIDING OFFICER (Mr. ‘‘(B) CLARIFICATIONS.—For the purposes of tact Patty Beneke at 202–224–5451 or CASEY). Without objection, it is so or- this paragraph— David Marks at (202) 224–8046. dered. ‘‘(i) the term ‘lobbyist’ shall include a lob- f f byist, registrant, or political committee es- tablished or administered by the registrant; AUTHORITY FOR COMMITTEES TO CONGRATULATING THE UNIVER- and MEET SITY OF FLORIDA 2006 NCAA ‘‘(ii) the term ‘Federal candidate or other COMMITTEE ON THE BUDGET FOOTBALL CHAMPIONS recipient’ shall include a Federal candidate, Mr. KENNEDY. Mr. President, I ask Mr. BROWN. Mr. President, I ask Federal officeholder, leadership PAC, or po- litical party committee. unanimous consent that the Com- unanimous consent that the Senate ‘‘(3) DEFINITIONS.—In this subsection, the mittee on the Budget be authorized to proceed to the immediate consider- following definitions shall apply: meet during the session of the Senate ation of S. Res. 25, submitted earlier ‘‘(A) GIFT.—The term ‘gift’— on Thursday, January 11, 2007, at 10:30 today. ‘‘(i) means a gratuity, favor, discount, en- a.m. to hold hearings to examine the The PRESIDING OFFICER. The tertainment, hospitality, loan, forbearance, long term budget outlook in SD–608. clerk will report the resolution by or other item having monetary value; and The PRESIDING OFFICER. Without title. ‘‘(ii) includes, whether provided in kind, by objection, it is so ordered. The legislative clerk read as follows: purchase of a ticket, payment in advance, or reimbursement after the expense has been COMMITTEE ON FINANCE A bill (S. Res. 25) congratulating the Uni- incurred— Mr. KENNEDY. Mr. President, I ask versity of Florida football team for winning ‘‘(I) gifts of services; unanimous consent that the Com- the 2006 National Collegiate Athletic Asso- ‘‘(II) training; mittee on Finance be authorized to ciation Division I Football championship. ‘‘(III) transportation; and meet during the session of the Senate There being no objection, the Senate ‘‘(IV) lodging and meals. on Thursday, January 11, 2007, at 10 proceeded to consider the resolution. ‘‘(B) LEADERSHIP PAC.—The term ‘leader- a.m., in 215 Dirksen Senate Office Mr. BROWN. Mr. President, I ask ship PAC’ means with respect to an indi- Building, to hear testimony on ‘‘Pre- unanimous consent the resolution be vidual holding Federal office, an unauthor- agreed to, the preamble be agreed to, ized political committee which is associated scription Drug Pricing and Negotia- with an individual holding Federal office, ex- tion: An Overview and Economic Per- the motion to reconsider be laid upon cept that such term shall not apply in the spectives for the Medicare Prescription the table, and any statements be print- case of a political committee of a political Drug Benefit.’’ ed in the RECORD at the appropriate party.’’. The PRESIDING OFFICER. Without place. objection, it is so ordered. The PRESIDING OFFICER. Without Mrs. FEINSTEIN (for herself SA 42. COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. and Mr. ROCKEFELLER) proposed an Mr. KENNEDY. Mr. President, I ask The resolution (S. Res. 25) was agreed amendment to amendment SA 3 pro- unanimous consent that the Com- to. posed by Mr. REID (for himself, Mr. mittee on Foreign Relations be author- The preamble was agreed to. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- ized to meet during the session of the The resolution, with its preamble, NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. Senate on Thursday, January 11, 2007, reads as follows: OBAMA, Mr. SALAZAR, and Mr. DURBIN) at 10 a.m. to hold a hearing on Iraq. S. RES. 25 to the bill S. 1, to provide greater The PRESIDING OFFICER. Without Whereas, on January 8, 2007, before a crowd transparency in the legislative process; objection, it is so ordered. of nearly 75,000 fans in Glendale, Arizona, the follows: COMMITTEE ON FOREIGN RELATIONS University of Florida football team (referred On page 7, after line 6, insert the following: Mr. KENNEDY. Mr. President, I ask to in this preamble as the ‘‘Florida Gators’’) ‘‘4. It shall not be in order to consider any defeated the football team of The Ohio State bill, resolution, or conference report that unanimous consent that the Com- University (referred to in this preamble as contains an earmark included in any classi- mittee on Foreign Relations be author- the ‘‘Buckeyes’’) by a score of 41–14, to win fied portion of a report accompanying the ized to meet during the session of the the 2006 National Collegiate Athletic Asso- measure unless the bill, resolution, or con- Senate on Thursday, January 11, 2007, ciation Division I Football Championship; ference report includes, in unclassified lan- at 2 p.m. to hold a hearing on Iraq. Whereas that victory marked only the sec- guage, to the greatest extent possible, a gen- The PRESIDING OFFICER. Without ond national football championship victory eral program description, funding level, and objection, it is so ordered. for the University of Florida in the storied the name of the sponsor of that earmark.’’. 100-year history of the Florida Gators; SELECT COMMITTEE ON INTELLIGENCE Whereas the Florida Gators captured the f Mr. KENNEDY. Mr. President, I ask Southeastern Conference Championship and NOTICES OF HEARINGS/MEETINGS unanimous consent that the Select compiled an impressive record of 13 wins and Committee on Intelligence be author- 1 loss; COMMITTEE ON ENERGY AND NATURAL ized to meet during the session of the Whereas although many fans viewed the RESOURCES Senate on January 11, 2007 at 2:30 p.m. Florida Gators as underdogs, the team—in- Mr. BINGAMAN. Mr. President, I to hold an open hearing. spired by the leadership of Head Coach Urban would like to announce for the infor- The PRESIDING OFFICER. Without Meyer—finished the game with a 41–7 scoring mation of the Senate and the public objection, it is so ordered. run, and prevented the opponent from scor- that a hearing has been scheduled be- ing a single point during the second half of f fore the full committee of the Com- the game; mittee on Energy and Natural Re- PRIVILEGES OF THE FLOOR Whereas the 4-year starting quarterback of the Florida Gators, Chris Leak, during the sources. Mr. LIEBERMAN. Mr. President, I final college game of his career, was chosen The hearing will take place on Janu- ask unanimous consent that Terry as the Offensive Most Valuable Player; ary 18, 2007, at 9:30 in SD–106 of the Blankenship, a legislative fellow in my Whereas a defensive end of the Florida Dirksen Senate Office Building. office, be granted privileges of the floor Gators, Derrick Harvey, was chosen as the The purpose of this oversight hearing during consideration of S. 1, the ethics Defensive Most Valuable Player; is to receive testimony on issues relat- reform bill. Whereas the University of Florida is the ing to oil and gas royalty management The PRESIDING OFFICER. Without first university to at the same time hold at the Department of the Interior. both the National Collegiate Athletic Asso- objection, it is so ordered. ciation Division I Football Championship Because of the limited time available Mr. REID. Mr. President, I suggest and the National Collegiate Athletic Asso- for the hearing, witnesses may testify the absence of a quorum. ciation Division I Basketball Championship; by invitation only. However, those The PRESIDING OFFICER. The Whereas each player, coach, trainer, and wishing to submit written testimony clerk will call the roll. manager dedicated his or her time and effort

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JA7.REC S11JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 11, 2007 CONGRESSIONAL RECORD — SENATE S475 to ensuring that the Florida Gators reached Whereas the Mountaineers’ offense was led January 12, after the reporting of S. 1, the pinnacle; and by Southern Conference Freshman of the the Senate proceed to the consider- Whereas the families of the players, stu- Year Armanti Edwards, who rushed for over ation en bloc of amendments Nos. 1 and dents, alumni, and faculty of the University 1,000 yards and passed for over 2,000 yards, 10; and that the time until 9:50 a.m. run of Florida, and all of the supporters of the and accounted for 30 touchdowns in his first University of Florida, are to be congratu- season; concurrently on both amendments, lated for their commitment to, and pride in, Whereas the success of the Mountaineers’ with the time equally divided and con- the football program at the University of offense is attributed to Kevin Richardson, trolled between the two leaders or Florida: Now, therefore, be it who rushed for over 1,000 yards, William their designees; that at 9:50 a.m., with- Resolved, That the Senate— Mayfield, who had over 1,000 yards receiving, out further intervening action or de- (1) congratulates the University of Florida and the impenetrable offensive line, who bate, the Senate proceed to a vote on football team for winning the 2006 National made it possible for those amazing statistics or in relation to amendment No. 1, to Collegiate Athletic Association Division I to occur; Football Championship; Whereas the Mountaineers’ intimidating be followed by a vote on or in relation (2) recognizes the achievements of all of defense was led by Marques Murell, Jeremy to amendment No. 10; that no amend- the players, coaches, and support staff who Wiggins, Monte Smith, and Corey Lynch; ments be in order to either amend- were instrumental in helping the University Whereas the Mountaineers were undefeated ment, and that there be 2 minutes of of Florida football team win the 2006 Na- in conference games and are the champions debate equally divided between the tional Collegiate Athletic Association Divi- of the Southern Conference for the second votes. sion I Football Championship, and year in a row; The PRESIDING OFFICER. Without (3) respectfully requests the Secretary of Whereas Appalachian State University af- firmed its position as a dominant football objection, it is so ordered. the Senate to transmit an enrolled copy of Mr. BROWN. Mr. President, I now this resolution to— program by securing its second consecutive (A) the University of Florida for appro- national championship; ask unanimous consent that when the priate display; Whereas, in 2005, Appalachian State Uni- Kerry amendment No. 1 is reported to- (B) the President of the University of Flor- versity became the first team from North morrow, it then be modified with the ida, Dr. J. Bernard Machen; Carolina to win an NCAA football champion- changes at the desk. (C) the Athletic Director of the University ship with a 21–16 victory over Northern Iowa; The PRESIDING OFFICER. Without of Florida, Jeremy Foley; and Whereas the members of the 2006 Appa- objection, it is so ordered. (D) the head coach of the University of lachian State University football team are f Florida football team, Urban Meyer. excellent representatives of a fine university that is a leader in higher education, pro- f ORDERS FOR FRIDAY, JANUARY ducing many fine student-athletes and other 12, 2007 COMMENDING THE APPALACHIAN leaders; STATE UNIVERSITY FOOTBALL Whereas the Mountaineers showed tremen- Mr. BROWN. Mr. President, I ask 2006 NCAA CHAMPIONS dous dedication to each other, appreciation unanimous consent that when the Sen- to their fans, sportsmanship to their oppo- ate completes its business today, it Mr. BROWN. Mr. President, I ask nents, and respect for the game of football stand adjourned until 9:30 a.m., Friday, unanimous consent that the Senate throughout the 2006 season; and January 12; that on Friday, following now proceed to the consideration of S. Whereas residents of the Old North State the prayer and pledge, the Journal of Res. 26, which was submitted earlier and Appalachian State University fans ev- erywhere are to be commended for their proceedings be approved to date, the today. morning hour be deemed expired, the The PRESIDING OFFICER. The long-standing support, perseverance, and pride in the team: Now, therefore, be it time for the two leaders be reserved for clerk will report the resolution by Resolved, That the Senate— their use later in the day, and that the title. (1) commends the champion Appalachian Senate then resume consideration of S. The legislative clerk read as follows: State University football team for their his- 1. A resolution (S. Res. 26) commending the toric win in the 2006 National Collegiate Ath- The PRESIDING OFFICER. Without Appalachian State University football team letic Association Division I-AA Football for winning the 2006 National Collegiate Ath- Championship; objection, it is so ordered. letic Association Division 1–AA Football (2) recognizes the achievements of the f players, coaches, students, alumni, and sup- Championship. PROGRAM There being no objection, the Senate port staff who were instrumental in helping Appalachian State University win the cham- Mr. BROWN. Tomorrow, Mr. Presi- proceeded to consider the resolution. pionship; and Mr. BROWN. Mr. President, I ask dent, we will have two rollcall votes (3) directs the Secretary of the Senate to beginning at 9:50 a.m. The first vote unanimous consent the resolution be transmit copies of this resolution to Appa- agreed to, the preamble be agreed to, will be on a Kerry amendment relating lachian State University Chancellor Kenneth to congressional pensions, and the sec- and the motion to reconsider be laid Peacock and head coach Jerry Moore for ap- upon the table. propriate display. ond will be on a Vitter amendment re- garding an increase in penalties. The PRESIDING OFFICER. Without f objection, it is so ordered. f The resolution (S. Res. 26) was agreed MEASURE READ THE FIRST TIME—H.R. 3 ADJOURNMENT UNTIL 9:30 A.M. to. TOMORROW The preamble was agreed to. Mr. BROWN. Mr. President, I under- The resolution, with its preamble, stand that H.R. 3 has been received Mr. BROWN. Mr. President, if there reads as follows: from the House and is at the desk. is no further business to come before S. RES. 26 I ask for its first reading. the Senate, I ask unanimous consent that the Senate stand adjourned under Whereas, on December 15, 2006, the Appa- The PRESIDING OFFICER. The lachian State University football team (re- clerk will report the bill by title. the previous order. ferred to in this preamble as the ‘‘Mountain- The legislative clerk read as follows: There being no objection, the Senate, eers’’) defeated the University of Massachu- A bill (H.R. 3) to amend the Public Health at 8:03 p.m., adjourned until Friday, setts football team by a score of 28–17, to win Service Act to provide for human embryonic January 12, 2007, at 9:30 a.m. stem cell research. the 2006 National Collegiate Athletic Asso- f ciation (NCAA) Division I-AA Football Mr. BROWN. Mr. President, I ask for Championship; its second reading and object to my NOMINATIONS Whereas the Mountaineers were successful own request. Executive nominations received by due to the leadership of Coach Jerry Moore, The PRESIDING OFFICER. Objec- the Senate January 11, 2007: and in great part to the spectacular play of tion is heard. The bill will be read the DEPARTMENT OF TRANSPORTATION Most Valuable Player Kevin Richardson, who second time on the next legislative scored all 4 touchdowns, and to Corey Lynch, DAVID JAMES GRIBBIN IV, OF VIRGINIA, TO BE GEN- day. ERAL COUNSEL OF THE DEPARTMENT OF TRANSPOR- whose fourth quarter interception helped TATION, VICE JEFFREY A. ROSEN. seal the victory; f DEPARTMENT OF JUSTICE Whereas the championship victory was the ORDER OF PROCEDURE pinnacle of a remarkable season for the JOHN ROBERTS HACKMAN, OF VIRGINIA, TO BE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF VIR- Mountaineers, who ended the season with a Mr. BROWN. Mr. President, I ask GINIA FOR THE TERM OF FOUR YEARS, VICE JOHN 14–1 record; unanimous consent that on Friday, FRANCIS CLARK.

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IN THE COAST GUARD To be colonel KEVIN L. KREBS, 0000 TIMOTHY J. KREIN, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- ROBIN MARK ADAM, 0000 JEFFREY H. KROESE, 0000 MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- JOHN H. ADAMS, JR., 0000 JEFFREY J. LAMERS, 0000 CER IN THE UNITED STATES COAST GUARD IN THE MARY E. ALDRIAN, 0000 ANDREW R. LARSON, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: DAVID C. ANDERSON, 0000 JOHN D. LARSON, 0000 JOHN A. ANDERSON, 0000 LINCOLN E. LARSON, 0000 To be lieutenant NORMAN L. ANDERSON, 0000 RUTH I. LARSON, 0000 EDWARD J. MOSELY, 0000 DALE ANDREWS, 0000 STEVEN G. LAYNE, 0000 FREDERIC MARC ARRENDALE, 0000 MARIA V. LEOS, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOHN M. BABCOCK, 0000 NATHAN A. LEPPER, 0000 MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- ANTHONY RAY BAITY, 0000 ALAN H. LERNER, 0000 CER IN THE UNITED STATES COAST GUARD IN THE THEODORE A. BALE, 0000 DANIEL J. LEVEILLE, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: ARIEL B. BARREDO, 0000 CHARLES E. LEWIS, 0000 To be lieutenant DENNIS T. BEATTY, 0000 DONALD R. LINDBERG, 0000 LEE A. T. BENNETT, 0000 JAMES MICHAEL LINDER, 0000 TERESA K. PEACE, 0000 HENRY G. BIRKDALE, 0000 GUY B. LINDHOLM, 0000 BRYAN J. BLY, 0000 TAYLOR R. LOCKER, 0000 IN THE MARINE CORPS JOHN J. BORRIS, 0000 MICHAEL J. LOIDA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY B. BOUGAN, 0000 LAURA A. LOPEZ, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE BRUCE ANDERSON BOWERS, JR., 0000 JON C. LOVE, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN J. BREEDEN, 0000 DONALD J. LYONS II, 0000 DAVID J. BREITENBACH, 0000 JAMES D. MACAULAY, 0000 To be major general JAMES P. BROCK, JR., 0000 PAUL A. MADSEN, 0000 BARRETT P. BROUSSARD, 0000 SAMUEL C. MAHANEY, 0000 BRIG. GEN. EUGENE G. PAYNE, JR., 0000 JOHN PAUL BRYK, 0000 VINCENT M. MANCUSO, 0000 BRIG. GEN. DOUGLAS M. STONE, 0000 GERALD A. BUCKMAN, 0000 BETH A. MANN, 0000 IN THE AIR FORCE ROBERT DIXON BURTON, 0000 LINDA M. MARSH, 0000 ROBERT J. CAHALAN, 0000 HARRY L. MAY, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MELINDA L. CARIGNAN, 0000 MICHAEL J. MCCULLY, 0000 MENT IN THE GRADE INDICATED IN THE REGULAR AIR DOUGLAS I. CARPENTER, 0000 LAWRENCE MCHALE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): KEVIN G. CAVANAGH, 0000 TAMMY A. MCKONE, 0000 BURTON R. CHAPMAN, JR., 0000 BRETT JAMES MCMULLEN, 0000 To be major DONALD P. CHRISTY, 0000 KEVIN MELLETT, 0000 LAURA S. BARCHICK, 0000 THOMAS GEOFFREY CLARK, 0000 JOHN E. METZ, 0000 COURTNEY L. COLLIER, 0000 JAY CARTER MILKEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STACY JEANNE COLLINS, 0000 RONALD B. MILLER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR MARTIN PHILIP CONSIDINE, 0000 WALTER T. MILLER III, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KENT R. COOPER, 0000 DANA C. MOREL, 0000 To be major MATTHEW BRADSHAW COPP, 0000 JOEL M. MORIN, 0000 DAVID E. COWAN, JR., 0000 JOHN L. MORING III, 0000 PAUL T. CORY, 0000 BRUCE R. COX, 0000 JOHN M. MORRIS, 0000 ROD L. VALENTINE, 0000 TIMOTHY A. COX, 0000 KARLA J. MOYER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY L. COX, 0000 LAURENCE B. MUNZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DANIEL C. CRAWFORD, 0000 ERIC C. NEWHOUSE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: RAYMOND E. CROWNHART, 0000 MARK A. NICHOLS, 0000 ROGER L. DAUGHERTY, JR., 0000 EDDIE L. NORRIS, 0000 To be major HELEN CHRISTINE DAVIS, 0000 MICHAEL P. ODOM, 0000 TRAVIS E. DAWSON, JR., 0000 TERESA HOHOL ODONNELL, 0000 BEATRICE Y. BREWINGTON, 0000 THOMAS D. DEAN II, 0000 RANDALL A. OGDEN, 0000 DEIRDRE M. MCCULLOUGH, 0000 WILLIAM C. DEAN, 0000 LUCIANO ORTIZ, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TONY R. DEANGELO, 0000 JOHN D. PARTAIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR TROY E. DEVINE, 0000 JOHN M. PAUL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: LEONARD S. DICK, 0000 JEFFERY N. PAULUS, 0000 To be major LOUIS J. DIMODUGNO, 0000 DENNY A. PEEPLES, 0000 BRIAN D. DOBBERT, 0000 CRAIG S. PETERSEN, 0000 ANTHONY M. DURSO, 0000 WILLIAM L. DOKEY, 0000 ROBERT E. PETERSON, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL J. DOONAN, 0000 FRANK C. PETTEBONE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DARYL C. DOWNING, 0000 DARREN L. PIEDMONTE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ROBERT J. DUTTERER, 0000 JOHN M. PIRIBEK, 0000 JAMES G. EANES, 0000 ELISE K. PITTERLE, 0000 To be lieutenant colonel RUFUS L. EDGE, 0000 MICHAEL J. PLACZEK, 0000 WILLIAM H. EDWARDS, JR., 0000 JANET M. POLANECZKY, 0000 WILLIAM L. TOMSON, 0000 JEFFREY WAYNE EGGERS, 0000 GRANT V. POOL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHEL P. ELLERTBECK, 0000 GREGORY J. POWER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ANTHONY ESPOSITO, 0000 STEPHEN T. PRIORE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JUDY C. FEARN, 0000 CLYDE L. PRITCHARD, JR., 0000 To be colonel JOSIE FERNANDEZ, 0000 NORBERT J. RATTAY, 0000 CHRIS ALAN FINTER, 0000 BRIAN S. RAY, 0000 STEVEN H. HELM, 0000 MICHAEL T. FITZHENRY, 0000 CAROL A. REECE, 0000 STEVEN A. JOHNSON, 0000 JOHN Y. FIZETTE, 0000 ROBERT D. REIGHARD, 0000 KURT P. LAMBERT, 0000 MICHAEL J. FORTANAS, 0000 ROBERT J. RICHARD, JR., 0000 MARY ELLEN MCLEAN, 0000 WILLIAM P. FOSDICK, 0000 SHERRY L. RIDDLE, 0000 HAL H. RHEA II, 0000 ANNETTE N. FOSTER, 0000 TERESA M. RILEY, 0000 DONALD C. TIGCHELAAR, 0000 THOMAS R. FOSTER, 0000 MICHAEL J. ROCCHETTI, 0000 EDSEL A. FRYE, JR., 0000 JOHN J. ROCCHIO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTIAN G. FUNK, 0000 SEAN P. ROCHE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JOHN B. GALLETTE, 0000 AMY K. ROGERSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN F. GAMACHE, 0000 EDWARD J. ROSADO, JR., 0000 To be colonel SCOTT J. GARDNER, 0000 STEVEN R. ROSENMEIER, 0000 STEPHANIE A. GASS, 0000 ERIC P. ROSS, 0000 ROBERT E. DUNN, 0000 STEVEN A. GENN, 0000 CYRIL FRANCIS ROURKE, 0000 RICHARD M. ERIKSON, 0000 ROBERT J. GEORGES, 0000 LAWRENCE G. RUGGIERO, 0000 GWENDOLYN S. KING, 0000 GREGORY S. GILMOUR, 0000 CARMIA L. SALCEDO, 0000 WALTER L. SMITH, 0000 FRANK GINES, 0000 DARRYL J. SANCHEZ, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MICHAEL G. GOETT, 0000 JOAN E. SANDENE, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR RONALD E. GRAVES, 0000 PATRICIA A. SCANLAN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): JAMES A. GRAY, 0000 PAUL R. SCHUBERT, 0000 TOBY D. HAMMER, 0000 KEITH D. SCHULTZ, 0000 To be lieutenant colonel CHRISTOPHER P. HANNON, 0000 DOUGLAS J. SCHWARTZ, 0000 RICARDO E. ALIVILLAR, 0000 JOHN F. HART, 0000 LOUIS MICHAEL SHOGRY III, 0000 HONG V. BAKER, 0000 KEITH WILLIAM HEIEN, 0000 CLIFTON D. SHUMAN, 0000 DANIEL J. HEIRES, 0000 GISELE F. SINGLETON, 0000 To be major MARY Z. HILL, 0000 JAMES H. SMETZER, 0000 STEVEN E. HOFMANN, 0000 JONATHAN WILLIAM SPARE, 0000 DEBRA L. MCCARTHY, 0000 JOHN F. HOLLY, 0000 JOSEPH STEPHEN SPECKHART, 0000 STEVEN A. REESE, 0000 STEWART E. HOLMES, JR., 0000 PATRICK J. SPIVEY, 0000 JACK D. VICK, 0000 MICHAEL EUGENE HOWARD, 0000 MALIA K. SPRANGER, 0000 MEHDY ZARANDY, 0000 MARK D. HUSTEDT, 0000 DOUGLAS H. STANDIFER, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ROBERT A. HUSTON, 0000 GREGORY C. STEUER, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR JOHN IAFALLO, 0000 EUGENE D. STEWMAN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): SCOTT D. IRONS, 0000 WILLIAM B. STILSON, 0000 To be lieutenant colonel EDWARD L. JENNINGS, 0000 DOUGLAS P. STRAND, 0000 SUZANNE JOHNSON, 0000 DARREN L. STUDER, 0000 ROBERT R. BAPTIST, 0000 KURT D. JONES, 0000 REYNOLD V. TAGORDA, 0000 HAL R. MOORE, 0000 GLEN K. KASHIWABARA, 0000 ALAN C. TEAUSEAU, 0000 SEAN E. KAVANAGH, 0000 JERRY A. THAYER, 0000 To be major DAVID W. KAYLOR, 0000 BRIAN E. THOMAS, 0000 JEAN F. CYRIAQUE, 0000 PETER M. KAZAROVICH, 0000 GARY L. THOMAS, 0000 FRANCYS E. DAY, 0000 LUKE J. KEALY, 0000 KELLY A. THOMPSON, 0000 DARYL S. DICKSON, 0000 GREGORY Y. KEETCH, 0000 ROBERT C. TROISI, 0000 FLOYD R. MERRILL III, 0000 CHRISTOPHER L. KENNY, 0000 ROBERT G. VALIN, 0000 CHRISTOPHER H. WILKIN, 0000 FRANK P. KING, 0000 MATTHEW A. VANWINKLE III, 0000 CLAUDE W. KIRKLAND, 0000 JAMES R. VASATKA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES F. KLINE, 0000 GREGG K. VERSER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DAVID P. KONNEKER, 0000 PAUL H. VEZZETTI, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: KEITH D. KRAUSE, 0000 RALPH M. VIETS II, 0000

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PAUL J. VINING, 0000 ARTEMUS ARMAS, 0000 ERICA L. SPILLANE, 0000 MARK R. WAGNER, 0000 LILIAN B. AVIGNONE, 0000 BONNIE E. STEVENSON, 0000 JOLYON R. WALKER, 0000 ANDREW W. AYCOCK, 0000 DONNA T. STRAIT, 0000 JIMMY D. WALLACE II, 0000 ANNA E. BALSER, 0000 BETH N. SUMNER, 0000 JAMES P. WALLER, 0000 GEORGE A. BARAJAZ, 0000 PAUL V. TALLEY, JR., 0000 STEPHEN D. WALTERS, 0000 KERRY A. BARSHINGER, 0000 OFELIA D. TENNYSON, 0000 JON A. WEEKS, 0000 COLBY J. BENEDICT, 0000 MARK E. TERWILLIGER, 0000 CHRISTOPHER WEIMAR, 0000 KATHY W. BERGER, 0000 MARILYN E. THOMAS, 0000 PAUL A. WEIMER, 0000 RODNEY A. BERNS, 0000 CHRISTINE M. THRASHER, 0000 BEN W. WILLIAMS, 0000 JACQUELINE E. BERRY, 0000 RAQUEL TREVINO, 0000 LISA J. WITT, 0000 ROBERT E. BLAND, 0000 ANDREA S. TROUT, 0000 DENIS YAROSH, 0000 STACEY A. BLOTTIAUX, 0000 BEATRICE TURLINGTONWYNN, 0000 LORI A. YOUNG, 0000 KATHLEEN M. BRINKER, 0000 KIRSTEN M. VERKAMP, 0000 RANDALL J. ZAK, 0000 MICHELE K. BROWN, 0000 THERESA A. VERNOSKI, 0000 STEVEN C. BROWN, 0000 KIM CHI T. VO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY C. BURGESS, 0000 JEANETTE M. WARD, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JOEY M. BURKS, 0000 JOYCE A. WARRINGTON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: EDWARD CABALLERO, 0000 CATHERINE A. WECKWERTH, 0000 To be colonel CHRISTOPHER L. CAPOZZOLO, 0000 GARY A. WELLS II, 0000 BRENDA S. CASEY, 0000 CLARISSA H. WILSON, 0000 SHARON A. ANDREWS, 0000 ENMARIA CHACON, 0000 CONNIE L. WINIK, 0000 VERONICA R. DIERINGER, 0000 JAMIE M. CHEN, 0000 CINDEE B. WOLF, 0000 DARLENE M. DIERKES, 0000 DEBORAH J. COCHRAN, 0000 KIMBERLY A. WOOLLEY, 0000 MARY B. F. FLEURQUIN, 0000 JEFFREY T. COMBALECER, 0000 LAURIE A. WORTHY, 0000 BRENDA B. GARDNER, 0000 WILLIAM E. COTTER, 0000 REUVEN M. YATROFSKY, 0000 MARGARET L. GIVENS, 0000 KEVIN J. CREEDON, 0000 KRISTEN M. ZEBROWSKI, 0000 MAUREEN P. GLENDON, 0000 KAREN L. CROTEAU, 0000 JOAN L. GONZALEZ, 0000 LORENA C. CROWLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUSAN L. HANSHAW, 0000 SYLVIA G. CRUZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DONNA M. HUDSON, 0000 JOHN CURRY, JR., 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: AURORA B. KING, 0000 KAROL J. DAMERON, 0000 To be major REBECCA LEIGH LORRAINE, 0000 ROSHELL L. DEAN, 0000 DEBORAH J. LYTALBRITTON, 0000 DAWN M. DEPRIEST, 0000 RICHARD G. ANDERSON, 0000 LOIS E. MACDONALD, 0000 BRANDON R. DIAMOND, 0000 JAMES R. ARMSTRONG, 0000 BETH A. MAHAR, 0000 DOUGLAS E. DILLON, 0000 KLEET A. BARCLAY, 0000 JUDITH ARLENE MAKEM, 0000 AARON P. DIMITRAS, 0000 EARNEST E. BEEMAN, 0000 FERN E. MALLOY, 0000 BEATRICE T. DOLIHITE, 0000 ZENON A. BOCHNAK, 0000 JUDITH W. MARCHETTI, 0000 TORRE A. DONALDSON, 0000 PAUL CASTILLO, 0000 MARGARET M. MCKELVEY, 0000 KAREY M. DUFOUR, 0000 TRENT C. DAVIS, 0000 ELLEN M. MINDEN, 0000 CHRISTOPHER A. EASTBURN, 0000 PETER N. FISCHER, 0000 ALAN E. QUITTENTON, 0000 SHELBY L. FISHER, 0000 GLENN H. GRESHAM, 0000 DELIA G. RAMOS, 0000 TERRI A. FISHER, 0000 RANDALL D. GROVES, 0000 WALTON F. REDDISH, 0000 RAUL G. FLORES, 0000 WILLIAM L. HOGGATT, 0000 DALE WORONOFF RICE, 0000 DENISE A. FOGH, 0000 LINZY R. LAUGHHUNN, 0000 RONNIE J. ROBERTS, 0000 INGRID D. FORD, 0000 TIMOTHY S. MOERMOND, 0000 MARGARET LEWIS SCHOENEMANN, 0000 LORI L. FORTIER, 0000 BRENDON M. ODOWD, 0000 SHERRILL J. SMITH, 0000 NICHOLE A. FRITEL, 0000 ANDREW C. PAK, 0000 DARLA K. TOPLEY, 0000 JOHN H. FUNKE, 0000 MARK J. ROBERTS, 0000 CHARLES R. TUPPER, 0000 JENNIFER J. GALGANO, 0000 KENT W. SCHMIDT, 0000 MARIE F. WALKER, 0000 SANDRA GALLARDO, 0000 ROBIN J. STEPHENSONBRATCHER, 0000 NANCY P. WILSON, 0000 DALIA GARCIA, 0000 SAMMY C. TUCKER, JR., 0000 DONNA M. F. WOIKE, 0000 WILLIAM D. GILMER, 0000 JOEL K. WARREN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNIFER M. GROFF, 0000 MITCHELL ZYGADLO, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DEBORAH A. HARTMAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 12203: RACHELLE J. HARTZE, 0000 JENNIFER J. HATZFELD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR To be colonel NICOLA A. HILL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KAREN T. HINES, 0000 MICHAEL P. ADLER, 0000 To be major JUDITH P. HOUK, 0000 DIEGO X. ALVAREZ, 0000 BRYAN P. HUTCHESON, 0000 MAIYA D. ANDERSON, 0000 JOANN LOUISE BASARAN, 0000 SHELLEY L. JAY, 0000 TERRI L. ANDERSON, 0000 LEAH W. BROCKWAY, 0000 CHARLIE G. JOHNSON, 0000 MONTY T. BAKER, 0000 RAJIV H. DESAI, 0000 NORMA J. KAHOVEC, 0000 MARK BALLESTEROS, 0000 CHRISTOPHER JOSEPH DUNN, 0000 NIKI S. KAMBORIS, 0000 CHRISTIE L. BARTON, 0000 GARY A. FAIRCHILD, 0000 NINA J. GILBERG, 0000 STEPHANIE K. KENNEDY, 0000 MICHAEL A. BLOWERS, 0000 JOHN S. GOLDEN, 0000 ROBERT W. KING, 0000 STEPHEN L. BOGLARSKI, 0000 SCOTT C. HOWELL, 0000 AMY S. KINNON, 0000 DAVID L. BRAZEAU, 0000 DARRYL C. HUNTER, 0000 BRIAN C. KRAFT, 0000 BOBBIE A. BROOKER, 0000 RONALD A. JOHANSON, 0000 MARGARET A. LEAVITT, 0000 DAVID A. BROWDER, 0000 CAESAR A. JUNKER, 0000 STEVEN W. LEHR, 0000 BELINDA F. BROWN, 0000 CHRISTIAN P. LEDET, 0000 LAURA C. LIEN, 0000 ALICIA N. BURKE, 0000 CHRISTOPHER W. LENTZ, 0000 JENNIFER A. LOVATO, 0000 MICHAEL R. BURPEE, 0000 PATRICK J. MCGINNIS, 0000 PAMELA D. LUDASHER, 0000 DIANNA O. CALVIN, 0000 RONALD W. PAULDINE, 0000 TONEKA B. MACHADO, 0000 JULIAN G. T. CANO, 0000 AKRAM SADAKA, 0000 REBECCA J. MARSHALL, 0000 ANTHONY D. CARUSO, 0000 BERT A. SILICH, 0000 RODNEY P. MARTENS, 0000 DANIEL J. CASTIGLIA, 0000 ANGELA J. MASAK, 0000 JOSEPH L. CATYB, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEBORAH K. MCCALL, 0000 CHAD D. CLAAR, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR WILLIAM A. MCCLUNG, 0000 RAMIL C. CODINA, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: KAREN S. MCCOMB, 0000 KATHLEEN A. CRIMMINS, 0000 REBECCA A. MCCULLERS, 0000 DEBBIE L. DAMICO, 0000 To be colonel LANCE J. P. MCGINNIS, 0000 CATHERINE R. DICKINSON, 0000 MARK HUGH ALEXANDER, 0000 MAXINE A. MCINTOSH, 0000 MELINDA EATON, 0000 SUSAN MARY BIRD, 0000 RICHARD M. MERRILL, 0000 BRIAN J. EDDY, 0000 JOHN ARTHUR CASE, 0000 KARI A. MILLER, 0000 CLAUDIA M. EID, 0000 DONNA M. CLARK, 0000 SHERI L. MOMMERENCY, 0000 MICHAEL J. EISENMAN, 0000 RONALD M. FEDER, 0000 MICHELLE L. MONTGOMERY, 0000 BENITO G. ENRIQUEZ, 0000 KIMBERLY A. FERGAN, 0000 REBECCA A. MOORE, 0000 BRIAN C. EVERITT, 0000 RICHARD K. JOHNSON, 0000 SEAN R. MOORE, 0000 VALLA C. FAIRLEY, 0000 WILLIAM R. KRAUS, 0000 JOANNE E. MURPHY, 0000 KEVIN J. FAVERO, 0000 NICHOLAS R. LOEHR, 0000 CYNTHIA M. MYERS, 0000 MICHAEL J. FEA, 0000 JOSEPH A. ROSA, 0000 MICHELE A. NAGEL, 0000 JERRY M. FLETCHER, 0000 RICHARD T. TROWBRIDGE, 0000 MARYELLEN OVELLETTE, 0000 JAMES D. FOLTZ, 0000 MARGARET D. WEATHERMAN, 0000 KENT M. PALMER, 0000 ERNEST J. FOX, 0000 MARY A. PARKER, 0000 THOMAS F. GIBBONS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHNNA A. PERDUE, 0000 DANA L. GILLIGAN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR PATTI J. PETERSONBALLIET, 0000 RYAN T. GIRRBACH, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT R. PHILLIPS, 0000 ANGELA M. GOODWIN, 0000 To be colonel CAROLINE D. PLAHUTA, 0000 DAVID W. HAGERTY, 0000 MARVIN E. REDD, 0000 PAUL E. HAIAR, 0000 LUISA YVETTE CHARBONNEAU, 0000 AMY L. ROBERSON, 0000 ACHILLES J. HAMILOTHORIS, 0000 JONATHAN M. CLYBURN, 0000 DENISE J. ROBERTS, 0000 HARVEY D. HUDSON II, 0000 MICHAEL J. DANKOSKY, 0000 JULIO E. ROBLES, 0000 BRIAN S. HUGHES, 0000 FERN FITZHENRY, 0000 REBECCA L. ROSA, 0000 DAVID A. INGRAHAM, 0000 SUE D. HORNER, 0000 RAUL E. RUBIO, 0000 ROBIN E. JACKSON, 0000 JUDI D. HURLEY, 0000 GARY D. RUESCH, 0000 SCOTT A. JONES, 0000 SHEILA MARCUSEN, 0000 ELIS M. SALAMONE, 0000 EVAN E. KELLEY, 0000 ARTHUR R. NICHOLSON, 0000 STEPHEN E. SAPIERA, 0000 DAVID M. KEMPISTY, 0000 JOHN G. RENDZIO, 0000 DENISE R. SAVARD, 0000 PATRICK W. KENNEDY, 0000 SEFERINO S. SILVA, JR., 0000 PAUL D. SCHROTH, 0000 JOHN J. KIM, 0000 MARY E. SEVERSON, 0000 MARIA R. KOHLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL B. SIMPSON, 0000 GODOFREDO C. LANDEZA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JON A. SINCLAIR, 0000 STEVEN H. LANGE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KRISANDRA K. SMITH, 0000 AGNES H. LEE, 0000 To be major MARY B. SMITH, 0000 JASON J. LENNEN, 0000 ROBERT D. SMITH, 0000 RACHEL S. LENTZ, 0000 KATHERINE J. ALGUIRE, 0000 MICHAEL P. SPARKS, 0000 MICHELLE H. LINK, 0000

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RAYMOND C. LIST, 0000 CHRISTOPHER L. AYRE, 0000 JAMES S. BLANCHARD, 0000 ANDRE MACH, 0000 SOLOMON R. BAASE, 0000 CHRISTOPHER J. BLANCHETTE, 0000 TERESA L. MADDOX, 0000 BRIAN T. BACKMAN, 0000 MATTHEW G. BLAND, 0000 ROBERT G. MARTIN, 0000 ANTHONY R. BACZKIEWICZ, 0000 DAVID B. BLAU, 0000 THOMAS V. MASSA, 0000 JENNIFER L. BAGOZZI, 0000 ANTHONY J. BLEVINS, 0000 KEVIN S. MCCAUGHIN, 0000 KELLY L. BAILEY, 0000 EMIL L. BLISS, 0000 HOLLY D. MCFARLAND, 0000 RYAN L. BAILEY, 0000 TERRY M. BLOOM, 0000 AARON P. MIDDLEKAUFF, 0000 WENDY L. BAILEY, 0000 AARON R. BLUM, 0000 MICHAEL P. MORAN, 0000 RYAN N. BAKAZAN, 0000 ELIZIO A. BODDEN, 0000 CHRISTINE L. MURPHY, 0000 DORI M. BAKER, 0000 DANIEL J. BOEH, 0000 MICHAEL L. NEACE, 0000 JESSE M. BAKER, 0000 WILLIAM P. BOETTCHER, 0000 TONY J. NELSON, 0000 WILLIAM E. BAKER, JR., 0000 HEATHER B. BOGSTIE, 0000 TODD W. NEU, 0000 DAVID A. BALDA, 0000 RYAN M. BOHNER, 0000 LAWRENCE B. NOEL, JR., 0000 BRENT N. BALDWIN, 0000 SCOTT A. BOLE, 0000 DENIS J. NOLAN, 0000 ROBIN E. BALDWIN, 0000 KEVIN P. BOLLINO, 0000 DEANNA L. NUTTBROCKALLEN, 0000 JASON T. BALLAH, 0000 BRIAN T. BONE, 0000 MARK A. OLIVER, 0000 LEE E. BALLARD, JR., 0000 MELVIN L. BONIFACIO, 0000 MELISSA J. PAMMER, 0000 MICHAEL P. BALLARD, 0000 STEVEN J. BONNEAU, 0000 CONNIE D. M. PARTAIN, 0000 BRIAN P. BALLEW, 0000 JOHN P. BORAH, 0000 JEFFERY J. PETERSON, 0000 DAVID M. BANKER, 0000 DAVID J. BORCHARDT, 0000 DWAYNE I. PORTER, 0000 CHARITY A. BANKS, 0000 DIANA L. BORCHARDT, 0000 CYNTHIA L. POUNCEY, 0000 JOSEPH A. BANKS, 0000 MICHAEL J. BORDERS, JR., 0000 LEEANN RACZ, 0000 MATTHEW R. BARFUSS, 0000 MATTHEW R. BORGOS, 0000 ROBERT W. RAINEY, 0000 CRAIG T. BARHAM, 0000 CHRIS E. BORING, 0000 JUAN M. RAMIREZ, 0000 GARY L. BARKER, 0000 JOHN F. BOROWSKI, 0000 TIMOTHY A. RITTER, 0000 ZACHARY N. BARKER, 0000 JOY E. BOSTON, 0000 RUTH A. ROANAVARRETE, 0000 CHARLES D. BARKHURST, 0000 ROBERT K. BOSWORTH, 0000 DANIEL A. ROBERTS, 0000 RICHARD A. BARKSDALE, JR., 0000 TERRY J. BOUSKA, 0000 DARRELL A. ROUSSE, 0000 JASON R. BARNES, 0000 DOUGLAS J. BOUTON, 0000 NESTOR A. RUIZGONZALEZ, 0000 JEFFREY A. BARNES, 0000 TERRY J. BOWLES, 0000 IAN C. RYBCZYNSKI, 0000 MICHAEL S. BARNES, 0000 JOHN C. BOWMAN III, 0000 ERIC E. SASSI, 0000 JOHN F. BARRETT III, 0000 AARON J. BOYD, 0000 JEREMY SKABELUND, 0000 WILLIAM A. BARRON, 0000 JEREMY R. BOYD, 0000 ANGELA C. SPANGLER, 0000 DANIEL W. BARROWS, 0000 EDWIN A. BOYETTE, 0000 STEVEN M. STRAUB, 0000 ANTHONY J. BARRY, 0000 RYAN C. BOYLE, 0000 MADELAINE SUMERA, 0000 MATTHEW J. BARRY, 0000 TRAVIS J. BRABEC, 0000 FRANCIS T. TARNER, 0000 LANCE D. BARTLETT, 0000 DOUGLAS R. BRADER, 0000 LISA A. TAUAI, 0000 WILLIAM M. BARTLETT, 0000 DANIEL A. BRADFORD, 0000 JENNIFER A. TAY, 0000 KARL A. BASHAM, 0000 MATTHEW S. BRADFORD, 0000 RICHARD D. UVA, 0000 CLAYTON M. BASKIN, 0000 ERIN K. BRADLEY, 0000 STACEY S. VAN ORDEN, 0000 SHELBY E. BASLER, 0000 HEATHER D. BRAGG, 0000 MICHELE T. VITA, 0000 ROGER W. BASS, 0000 SEAN S. BRAMMERHOGAN, 0000 GARRET A. WADSACK, 0000 TONYA M. BATIEWASHINGTON, 0000 MARVIN T. BRANAN, 0000 MICHELLE L. WAITERS, 0000 JAMIE M. BAUGH, 0000 ANDREW J. BRANCO, 0000 JEANNETTE M. WATTERSON, 0000 PATRICK H. BAUM, 0000 BENJAMIN M. BRANDT, 0000 JAMES L. WEINSTEIN, 0000 STEVEN D. BAUMAN, 0000 CHRISTOPHER W. BRANN, 0000 JON E. WILSON, 0000 DAVID B. BAUMGARTNER, 0000 BRIAN S. BRASHER, 0000 JOVANNA O. WILSON, 0000 IAN S. BAUTISTA, 0000 JAMISON D. BRAUN, 0000 ELLEN M. WIRTZ, 0000 STEVEN M. BEATTIE II, 0000 ARIS Y. BRAXTON, 0000 JEFFREY L. WISNESKI, 0000 JOHN R. BEATTY, 0000 ROBERT A. BRAXTON, 0000 SHAWN S. BEAUCHAMP, 0000 KEVIN R. BRAY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON M. BEAUCHAN, 0000 SCOTT M. BREECE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR BRENT E. BEAULIEU, 0000 EDWARD J. BRENNAN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: AVERY B. BEAVER, 0000 MATTHEW S. BRENNAN, 0000 To be major GRACE M. BECK, 0000 BRIAN C. BRENNEMAN, 0000 JEFFREY A. 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KELLY M. CAHALAN, 0000 JEREMY C. COONRAD, 0000 DREW E. DOUGHERTY, 0000 ANTHONY P. CALABRESE, 0000 CHAD W. COOPER, 0000 STEVEN DOUGHERTY, 0000 AL J. CALDWELL II, 0000 FRANCIS S. COOPER, 0000 BRANDON M. DOUGLASS, 0000 BYRON J. CALHOUN, 0000 JAMES C. COOPER, 0000 JEFFREY J. DOWNS, 0000 KATHERINE A. CALLAGHAN, 0000 JASON L. COOPER, 0000 HENRY J. DRAKE, 0000 BRYAN T. CALLAHAN, 0000 THOMAS L. COOPER, 0000 KILE R. DREHER, 0000 RUSSELL C. CALLAWAY, 0000 PHILLIP M. CORBELL, 0000 BRIAN S. DRENNON, 0000 BENJAMIN R. CAMERON, 0000 MARCUS J. CORBETT, 0000 ANDREW D. DRIES, 0000 ELIZABETH A. CAMPBELL, 0000 WILLIAM H. CORBETT, 0000 DAWN M. DRINKWINE, 0000 JENNIFER M. CAMPBELL, 0000 DANIEL J. CORDES, 0000 STEVEN J. DRINNON, 0000 ANDREW M. CAMPION, 0000 CHRISTOPHER L. CORN, 0000 BRENT A. DROWN, 0000 KHALID J. CANNON, 0000 PAUL T. CORY, 0000 JOSHUA P. DROZ, 0000 KRISTIE Y. CANNON, 0000 TODD S. COTSMAN, 0000 LINDSAY C. DROZ, 0000 MATTHEW S. CANTORE, 0000 KARL K. COWART, 0000 KRISTIN N. DUBY, 0000 SARAH L. 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COLLINS, 0000 KENDRA L. DIMICHELE, 0000 ELIZABETH R. FEASTER, 0000 WILLIAM J. COLLINS, 0000 MICHAEL E. DINWIDDIE, 0000 JAMES R. FEE, JR., 0000 WILLIAM T. COLLINS, 0000 ERNESTO M. DIVITTORIO, 0000 GARY A. FELAX, 0000 DANIEL S. COLLISTER, 0000 DANIEL A. DOBBELS, 0000 JACK M. FELICI, 0000 MICHAEL L. COLSON, 0000 BYRON W. DOBBS, 0000 JOEL W. FENLASON, 0000 LISA M. COMBS, 0000 ALAN F. DOCAUER, 0000 JOSEPH P. FERFOLIA, 0000 BRETT M. COMER, 0000 BRYAN C. DOCKTER, 0000 JAMES S. FERGUSON, 0000 ERIC T. COMPTON, 0000 JAMES P. DOHERTY, 0000 JEFFREY A. FERGUSON, 0000 JARED A. CONABOY, 0000 MEGHAN B. DOHERTY, 0000 MARCUS G. FERGUSON, 0000 KYLE M. CONE, 0000 MICHAEL S. DOHERTY, 0000 JAMES S. FERNANDEZ, 0000 SHAWN R. CONES, 0000 SHAWNA B. DOHERTY, 0000 ANDREW P. FETH, 0000 BRETT P. CONNER, 0000 BENITO M. DOMINGUEZ IV, 0000 PAUL P. FIDLER, 0000 CARL R. CONWAY, 0000 JEFFREY J. DONATO, 0000 ERIK J. FIEDERER, 0000 BENJAMIN C. COOK IV, 0000 JAMES L. DONELSON, JR., 0000 ADAM R. FIEDLER, 0000 JASON J. 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SEAN M. FINNAN, 0000 LORELEI GOMEZ, 0000 RICHARD C. HEMMINGS, 0000 BRADY S. FISCHER, 0000 TIMOTHY M. GONYEA, 0000 CLINT A. HENDERSON, 0000 JEREMY C. FISCHMAN, 0000 BIRMANIA M. GONZALEZ, 0000 NATHAN C. HENDRICKS, 0000 GRANT A. FISH, 0000 GERARDO O. GONZALEZ, 0000 JOHN E. HENLEY, 0000 JEFFREY P. FISHER, 0000 JUANITA M. GONZALEZ, 0000 JAY C. HENNETTE, 0000 KEVIN D. FISHER, 0000 MICHAEL P. GOOD, 0000 WADE A. HENNING, 0000 BARY D. FLACK, 0000 DAVID P. GOODE, 0000 PETER R. HENRIKSON, 0000 RYAN W. FLEISHAUER, 0000 VANCE GOODFELLOW, 0000 DAVID M. HENSLEE, 0000 JASEM R. FLEMING, 0000 JOHN T. GOODSON III, 0000 ANDREW M. HENSON, 0000 LARRY B. FLETCHER, JR., 0000 JEREMY S. GORDON, 0000 WILLIAM C. HEPLER, 0000 NATHAN D. FLINT, 0000 RANDEL J. GORDON, 0000 JARED D. HERBERT, 0000 DANIEL F. FLORES, 0000 MICHAEL S. GORE, 0000 JAIME I. HERNANDEZ, 0000 GARRY S. FLOYD, 0000 RYAN E. GORECKI, 0000 WILLIAM R. HERSCH, 0000 JACK W. FLYNT, 0000 MARK D. GOULD, 0000 CHE S. HESTER, 0000 MICHELLE L. 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JAMES, 0000 RONALD E. GILBERT, 0000 LESLIE F. HAUCK III, 0000 MATTHEW B. JAMES, 0000 JEREMY R. GILBERTSON, 0000 JASON W. HAVEL, 0000 ROMEL L. JARAMILLO, 0000 MICHELLE E. GILLASPIE, 0000 CHARLES H. HAWKINS, 0000 GREGORY C. JARMUSZ, JR., 0000 JOHN B. GILLIAM, 0000 JEFFERSON G. HAWKINS, 0000 JASON D. JAROS, 0000 SHAWN K. GILLILAND, 0000 CHRISTOPHER G. HAWN, 0000 CHRISTOPHER C. JARVIS, 0000 MIKI K. GILLOON, 0000 CHRISTOPHER J. HAWS, 0000 MAURICE J. JEFFERSON, 0000 SCOTT R. GILLOON, 0000 MATTHEW A. HAYDEN, 0000 JENNIFER L. JEFFORDS, 0000 JASON N. GINGRICH, 0000 DAX A. HAYES, 0000 HENRY R. JEFFRESS, 0000 ADAM E. GIZELBACH, 0000 NEAL W. HAYES, 0000 WILLIAM H. JELKS, 0000 ROSS K. GLEASON, 0000 MICHAEL P. HEALY, 0000 RON R. JENKINS, 0000 JASON R. GLOVER, 0000 DAVID L. HEARN III, 0000 YOLANDA L. JENKINS, 0000 MATTHEW R. GLYNN, 0000 CLINTON M. HEATON, 0000 ANDREW B. JENNINGS, 0000 CHRISTOPHER R. GOAD, 0000 CHRISTOPHER M. HEBER, 0000 GINA JENNINGS, 0000 PATRICK M. GODFREY, 0000 JESSE A. HEDGE, 0000 JEFFREY T. JENNINGS, 0000 EDWARD G. GOEBEL, JR., 0000 CHRISTOPHER C. HEIM, 0000 MARTIN T. JENNINGS, 0000 BRIAN D. GOLDEN, 0000 DOUGLAS J. HELLINGER, 0000 CAROLINE A. JENSEN, 0000 KYLE H. GOLDSTEIN, 0000 CHRISTEL R. HELQUIST, 0000 GEOFFREY M. JENSEN, 0000 JEFFREY J. GOMES, 0000 JASON A. HELTON, 0000 MATTHEW C. JENSEN, 0000

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SHANE C. JENSEN, 0000 BRIAN C. KREITLOW, 0000 CHRISTOPHER A. MACAULAY, 0000 TIMOTHY L. JENSEN, 0000 JAMES H. KRISCHKE, 0000 JANNELL C. MACAULAY, 0000 TODD M. JENSEN, 0000 ANTHONY J. KUCZYNSKI, 0000 BRIAN S. MACFARLANE, 0000 JAYME J. JIMENEZ, 0000 PAUL D. KUDER, 0000 DOUGLAS C. MACIVOR, 0000 JORGE I. JIMENEZ, 0000 DIANE I. K. KUDERIK, 0000 SCOTT C. MACNEIL, 0000 JOSE E. JIMENEZ, JR., 0000 DEVIN M. KUDLAS, 0000 PATRICK O. MADDOX, 0000 ANTHONY L. JIOVANI, 0000 KENNETH P. KUEBLER, 0000 KEVIN M. MADRIGAL, 0000 SAMUEL L. JOBE, 0000 DOUGLAS F. KUHN, 0000 MICHAEL R. MAEDER, 0000 NIDAL M. JODEH, 0000 JASON L. KUHNS, 0000 JEFFREY B. MAGEE, 0000 JUSTIN L. JOFFRION, 0000 CHRISTOPHER E. KUREK, 0000 TRENT M. MAGYAR, 0000 SHERMAN E. JOHNS, 0000 JOHN KURIAN, 0000 JOHN K. MAH, 0000 DANIEL C. JOHNSEN, 0000 SHAD J. LACKTORIN, 0000 JAYANT MAHAJAN, 0000 HILARY R. JOHNSONLUTZ, 0000 ERIC J. LACOUTURE, 0000 DANNY P. MAHEUX, 0000 BRANDON R. JOHNSON, 0000 KEVIN W. LACROIX, 0000 RYAN J. MAHONEY, 0000 BRYAN C. JOHNSON, 0000 TODD P. LADD, 0000 THOMAS J. MAHONEY, 0000 CHRISTOPHER D. JOHNSON, 0000 KRISTIN A. LAFARR, 0000 SARAH A. MAILE, 0000 JEFFREY B. JOHNSON, 0000 MICHELLE M. LAI, 0000 BRYAN G. MAJOR, 0000 MICHAEL G. JOHNSON, 0000 CAMERON K. LAMBERT, 0000 RICHARD MAJOR, 0000 MONIQUE D. JOHNSON, 0000 ROSENDO C. LAMIS, JR., 0000 DANNY K. MAKALENA, 0000 NATHANIEL M. K. JOHNSON, 0000 KENNETH R. LANCASTER, JR., 0000 ERIC F. MAKOVSKY, 0000 PHILLIP J. JOHNSON, JR., 0000 DONALD L. LAND, JR., 0000 BETH L. MAKROS, 0000 ROBERT W. JOHNSON, 0000 RYAN J. LANDMANN, 0000 ROBERT H. MAKROS, 0000 RUSSELL K. JOHNSON, 0000 JOEL L. C. LANE, 0000 ROBERT M. MAMMENGA, 0000 SAMUEL R. JOHNSON, 0000 NATHAN P. LANG, 0000 MICHAEL L. MAMULA III, 0000 SILINDA A. JOHNSON, 0000 KENNETH H. LANGERT, 0000 EDZEL D. MANGAHAS, 0000 TAMMY JOHNSON, 0000 ROBERT V. LANKFORD, 0000 GEOFFREY C. MANN, 0000 TREAVOR G. JOHNSON, 0000 ARMON E. LANSING, JR., 0000 BERTON D. MANNING, 0000 BRIAN D. JOHNSTON, JR., 0000 IAN H. 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MCCARTY, 0000 SHARON K. E. KIBILOSKI, 0000 SCOTT C. LINCK, 0000 CRAIG A. G. MCCASKILL, 0000 MAURICE H. KIDNEY, 0000 WILLIAM E. LINDE, 0000 ROBERT C. MCCASLIN, 0000 RICHARD C. KIEFFER, 0000 JOHN P. LINDELL, 0000 DYAN E. MCCLAMMA, 0000 THOMAS E. KIESLING, 0000 DAVID B. LINDLER, 0000 JOHN C. MCCLUNG, 0000 JASON D. KIKER, 0000 LASHAUNA R. LINDSEY, 0000 KEITH E. MCCORMACK, 0000 JOHN W. KILARESKI, 0000 ERIC J. LINGLE, 0000 PATRICK J. MCCOY, 0000 SHAWNA R. KIMBRELL, 0000 MICHAEL T. LINKOUS, 0000 CAROL L. MCCRADY, 0000 ANTHONY K. KIMBROUGH, 0000 ANTHONY LINTON, 0000 DANIEL C. MCCRARY, 0000 BARRY A. KING II, 0000 CHRISTOPHER T. LINTON, 0000 CATHERINE MCDANIEL, 0000 JASON M. KING, 0000 SCOTT C. LISKO, 0000 MATTHEW W. MCDANIEL, 0000 MARY L. KINNEY, 0000 BARRY E. LITTLE, 0000 MIKAL G. MCDANIEL, 0000 JOHN P. KINNISON, 0000 NATHAN A. LITZ, 0000 MICHAEL W. MCDERMOTT, 0000 JASON E. KINZER, 0000 KEITH A. LITZLER, 0000 BOBBY R. MCDONALD, 0000 CASSANDRA C. KIRK, 0000 MARC S. LLACUNA, 0000 JUDSON A. 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LOSINSKI, 0000 BENJAMIN T. MCKENZIE, 0000 KENNETH R. KNIGHT, 0000 PERRY L. LOTT, 0000 DANIEL J. MCKINLEY, 0000 PATRICK A. KNOTT, 0000 EDMUND X. LOUGHRAN II, 0000 WAYNE W. MCLAUGHLIN, 0000 JASON D. KNOWLES, 0000 CHARLES M. LOYER, 0000 ROBERT S. MCLEAN, 0000 AMANDA K. KNUDSON, 0000 BRANDON M. LUCAS, 0000 MICHAEL A. MCMELLON, 0000 DANIEL E. KOBS, 0000 JOHN W. LUCAS, 0000 JUSTIN P. MCMILLIAN, 0000 NANCY M. KOCHCASTILLO, 0000 ANNE R. LUECK, 0000 JOHN E. MCMULLEN, 0000 CHEREE S. KOCHEN, 0000 PETER J. LUECK, 0000 GARTH P. MCMURRAY, 0000 SCOTT D. KOECKRITZ, 0000 BRIAN D. LUKOWSKI, 0000 DENNIS J. MCNABB, 0000 DARYL B. KOMULAINEN, 0000 JONATHAN E. LUMINATI, 0000 TODD E. MCNEAL, 0000 THOMAS R. KOOTSIKAS, 0000 CHRIS D. LUNDY, 0000 JOHN M. MCQUADE, 0000 MELVIN R. KORSMO, 0000 GEORGE B. LUSH, 0000 WILLIAM E. MCTERNAN, 0000 CLAY M. KOSCHNICK, 0000 LOUIS L. LUSSIER III, 0000 NATHAN A. MEAD, 0000 TIMOTHY A. KOSS, 0000 TIMOTHY A. LUTON, 0000 ROBERT G. MEADOWS II, 0000 ANDREW J. KOWALCHUK, 0000 RODNEY D. LYKINS, 0000 TASHA R. MEADOWS, 0000 BRIAN D. KOZOLA, 0000 NICHOLAS A. LYNCH, 0000 GREGORY J. MECCA, 0000 DAVID D. KRAMBECK, 0000 SUSAN A. LYNCH, 0000 THEODORE R. MEEK, 0000 KAREN N. KRAYBILL, 0000 COREY W. LYONS, 0000 JAMES K. MEIER, 0000 ZACHARY J. KRBEC, 0000 ROBERT P. LYONS III, 0000 PERRY R. MEIXSEL, 0000

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JESS A. MELIN, 0000 LISA S. NEENER, 0000 SCOTT C. PETTS, 0000 JASON B. MELLO, 0000 ALESANDRA L. NEIMAN, 0000 JENNIFER L. PETYKOWSKI, 0000 RUTH M. MELOENY, 0000 CHRISTOPHER M. NEIMAN, 0000 MALCOLM N. PHARR, 0000 RYAN J. MELVILLE, 0000 JARED C. NELSON, 0000 JENNIFER A. PHELPS, 0000 CHAD M. MEMMEL, 0000 KATHRYN M. NELSON, 0000 MATTHEW E. PHELPS, 0000 BENJAMIN D. MENGES, 0000 LEE A. NELSON, 0000 AARON S. PHILLIPS, 0000 DEREK S. MENTZER, 0000 NELS C. NELSON, 0000 AMY B. PHILLIPS, 0000 KENNETH M. MERCIER, 0000 STEVEN A. NELSON, 0000 JAMES D. PHILLIPS, 0000 BRIAN J. W. MEREDITH, 0000 WILLIAM W. NELSON, 0000 JULIA A. PHILLIPS, 0000 JASON G. MERGENOV, 0000 KRISTEN A. NEMISH, 0000 KENNAN E. PICHIRILO, 0000 GLENN A. MERKLE, 0000 JONATHAN D. NESS, 0000 VICTOR R. PICKETT, 0000 ANGELA C. MERRY, 0000 BRENT M. NESTOR, 0000 AARON M. PIERCE, 0000 CYNTHIA M. MESENBRINK, 0000 GEOFFREY O. NETTLES, 0000 NATHAN R. PIERPOINT, 0000 LEWIS I. MESSICK, 0000 DAVID T. NEUMAN, 0000 DEVIN K. PIETRZAK, 0000 MICHAEL W. MEYER, 0000 MATTHEW C. NEWMAN, 0000 CORY J. PIKE, 0000 RICHARD A. MEZIERE, 0000 JOHN M. NEWTON, 0000 WILLIAM C. PIKE, 0000 ROMAN T. MIAZGA, 0000 VIET T. NGUYEN, 0000 JOHN C. PINNIX, 0000 SHAYNA H. MICHAEL, 0000 CHAD R. NICHOLS, 0000 CANDICE L. PIPES, 0000 MATTHEW J. MICHAUD, 0000 SHARON A. NICKELBERRY, 0000 STEPHEN C. PIPES, 0000 BRYAN E. MIDDLEKAUFF, 0000 ELIZABETH J. NIEBOER, 0000 THERESA A. PISANO, 0000 CHARLES J. MIDDLETON, 0000 RICARDO M. NIEVES, 0000 JAMES C. PITTMAN, 0000 JACOB MIDDLETON, JR., 0000 NICHOLAS A. NOBRIGA, 0000 JEFFREY W. PIXLEY, 0000 JASON P. MIER, 0000 DOUGLAS A. NOCERA, 0000 SCOTT W. PLAKYDA, 0000 ALYSON M. MILLER, 0000 GEORGE E. NOEL, 0000 GREGORY S. PLEINIS, 0000 BRIAN E. MILLER, 0000 DUANE E. NORDEEN, JR., 0000 THOMAS J. PODWIKA, 0000 BRIGHTEN R. MILLER, 0000 RYAN J. NORMAN, 0000 DAVID A. POKRIFCHAK, 0000 CHRISTOPHER C. MILLER, 0000 DARIL L. NORRIS, 0000 RICHARD K. POLHEMUS, 0000 DAVID S. MILLER, 0000 TRAVIS L. NORTON, 0000 DANIEL E. 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MIRTICH, 0000 JOHN F. OKANE, 0000 BRADLEY B. PRESTON, 0000 MONA E. MIRTICH, 0000 SHAN P. OKEEFFE, 0000 JOHN M. PRESTON, 0000 JERRY D. MISH, 0000 BRIAN J. OLDENBURG, 0000 THOMAS J. PRESTON, 0000 COLLEEN P. MITCHELL, 0000 LAURA M. OLMSTED, 0000 RODNEY E. PRETLOW, 0000 JASON M. MITCHELL, 0000 CARL J. OLSEN, 0000 DEREK D. PRICE, 0000 JOY M. MITCHELL, 0000 CHRISTOPHER M. OLSEN, 0000 JOHN G. PRICE, 0000 NATHAN B. MITCHELL, 0000 DEE J. OLSEN, 0000 JOSEPH C. PRICE, 0000 ROLAND L. MITCHELL, 0000 SUSAN R. OLSEN, 0000 JASON M. PRIDDLE, 0000 WILLIAM M. MITCHELL, 0000 TAMMY S. OLSEN, 0000 WILLIAM D. PRINGLE, 0000 DEMETRIUS S. MIZELL, 0000 ANDREW P. OLSON, 0000 ROBB J. PRITCHARD, 0000 JASON P. MOBLEY, 0000 JEREMY E. OLSON, 0000 MICHAEL D. PRITCHETT, 0000 CRAIG A. MOCKLER, 0000 STEPHEN E. OLSON, 0000 MICHAEL C. A. PULLIN, 0000 CHRISTOPHER A. MOELLER, 0000 MICHAEL C. OLVERA, 0000 KYLE J. PUMROY, 0000 FELICIA M. MOHR, 0000 CAROL L. ONEIL, 0000 ANDREW M. PURATH, 0000 JEFFREY W. MOHR, 0000 KATHLEEN C. ONEILL, 0000 KIMBERLY L. PURDON, 0000 JOSEPH M. MONASTRA, 0000 SHAWN K. ORBAN, 0000 LICHEN L. PURSLEY, 0000 JOSEPH F. MONDELLO, JR., 0000 MARK A. OREK, 0000 RYAN J. QUAALE, 0000 MICHAEL F. MONFALCONE, 0000 GIOVANNI E. ORTIZ II, 0000 JAMES W. QUASHNOCK, 0000 ANTHONY M. MONNAT, 0000 KEVIN J. OSBORNE, 0000 KEVIN R. QUATTLEBAUM, 0000 ANTHONY T. MONTELEPRE, 0000 BRIAN E. OSHEA, 0000 ERIN A. QUIJANO, 0000 CECILIA I. MONTES DE OCA, 0000 DAVID J. OSTERMAN, 0000 KALLECE A. QUINN, 0000 ANN M. K. MONTGOMERY, 0000 CHRISTOPHER M. OSTRANDER, 0000 ERICA K. RABE, 0000 JONATHON A. MONTGOMERY, 0000 VICTOR P. OSWEILER, 0000 NATHAN R. RABE, 0000 STEPHEN L. MONTOYA, 0000 CHRISTOPHER S. OTIS, 0000 RYAN C. RABER, 0000 BRADLEY R. MOORE, 0000 COREY J. OTIS, 0000 STEVEN R. RADTKE, 0000 CHRISTOPHER I. MOORE, 0000 JOSHUA L. OWENS, 0000 NEIL J. RADULSKI, 0000 GARY W. MOORE, 0000 KEVIN L. OWENS, 0000 CHRISTOPHER R. RAINES, 0000 TYTONIA S. MOORE, 0000 MARY A. OWENS, 0000 DAPHNE P. RAKESTRAW, 0000 KARNA P. MORE, 0000 KYLE F. OYAMA, 0000 ALFREDO E. RAMIREZ, 0000 MARC E. MORELAND, 0000 STEVEN E. PACKARD, 0000 AMY M. RAMMEL, 0000 FELIX J. MORET III, 0000 KRISTOFER F. PADILLA, 0000 DEAN D. RAMSETT, 0000 DARRIN D. MORGAN, 0000 DANIEL P. PAGANO, 0000 TY A. RANDALL, 0000 LOUIS E. MORGAN, 0000 SHADICA L. PAGE, 0000 MICHAEL L. RANERE, 0000 MICHAEL H. MORGAN, 0000 SCOTT D. PALEN, 0000 RYAN L. RANSOM, 0000 THOMAS A. MORGAN, 0000 ADAM A. PALMER, 0000 DONALD E. RATCLIFF, 0000 JAMES P. M. P. MORIMOTO, 0000 ALICIA M. PALMER, 0000 KURT J. RATHGEB, 0000 ANTHONY K. MORRIS, 0000 MATTHEW B. PALMER, 0000 CASEY K. RATLIFF, 0000 BRENT J. MORRIS, 0000 SAMUEL S. PALMER, 0000 LISA D. RAUK, 0000 SIRENA I. MORRIS, 0000 GUSTUF S. PALMQUIST, 0000 ALFRED D. RAY, 0000 JASON M. MORRISON, 0000 MARTIN J. PANTAZE, 0000 BRANDEN L. RAY, 0000 MATTHEW K. MORRISON, 0000 THEODORIC D. PANTON, 0000 CHRISTOPHER T. RAYMOND, 0000 PHILIP G. MORRISON, 0000 SEAN W. PAPWORTH, 0000 ROBERT T. RAYMOND, 0000 RICHARD S. MORRISON, 0000 CHARLES S. PARENT, 0000 DAVID C. REA, 0000 TOBY A. MORROW, 0000 ANDREW D. PARKE, 0000 JOHNNY L. REA, 0000 TYLER W. MORTON, 0000 ANDREW B. PARKER, 0000 JAMES D. REAVES, 0000 ROBERT J. MOSCHELLA, 0000 CARIE A. PARKER, 0000 ROY P. RECKER, 0000 GREGORY M. MOSELEY, 0000 LINDA K. PARKER, 0000 COLIN S. REECE, 0000 WAYNE MOSELY, JR., 0000 CHARLES M. PARKS, 0000 AARON J. REED, 0000 AARON W. MOSES, 0000 JEFFREY C. PARR, 0000 DALLAN I. REESE, 0000 MICHAEL A. MOSLEY, 0000 KEVIN V. PARRISH, 0000 JARMICA D. REESE, 0000 TARRANCE B. MOSLEY, 0000 SCOTT M. PARTIN, 0000 JOHN V. REEVES, 0000 MARIA V. MOSS, 0000 DAVID J. PASTIKA, 0000 JERIME L. REID, 0000 TIMOTHY T. MOTLEY, 0000 JOHN D. PATRICK, 0000 ROBERT L. REINHARD, 0000 WENDIE L. MOUNT, 0000 JASON P. PAX, 0000 RYAN B. REINHARDT, 0000 MATTHEW R. MOYE, 0000 BRIAN J. PEARSON, 0000 JASON S. REISS, 0000 BRIAN M. MOYER, 0000 MAX E. PEARSON, 0000 JASON P. RENTER, 0000 MATTHEW G. MOYNIHAN, 0000 PAUL M. PECONGA, 0000 AVIS M. RESCH, 0000 RYAN D. MUELLER, 0000 MICHAEL J. PEELER, 0000 BENJAMIN D. RETZINGER, 0000 REBECCA L. MUGGLI, 0000 AMY M. PEKALA, 0000 KEVIN A. REYNOLDS, 0000 HALIMA A. MUHAMMADWHITEHEAD, 0000 JOSEPH A. PELOQUIN, 0000 MATTHEW H. REYNOLDS, 0000 GEORGE K. MULLANI, 0000 JIAN S. PENA, 0000 RAY A. REYNOSA, 0000 KURT E. MULLER, 0000 KEVIN A. PENDLETON, 0000 BRIAN S. RHODES, 0000 DAVID M. MURPHY, 0000 SCOTTY A. PENDLEY, 0000 JAMIE M. RHONE, 0000 JENNIFER L. MURPHY, 0000 JANELLE A. PERCY, 0000 FRANKLIN E. RICH, 0000 JILL M. MURPHY, 0000 MARIO PEREZ, 0000 ANDREW X. RICHARDSON, 0000 JAMES J. MURRAY, 0000 RICARDO J. PEREZCANTU, 0000 TIMOTHY L. RICHARDSON, 0000 JAMES J. MUSTIN, 0000 ANDREW C. PERRY, 0000 TRACEY M. RICHARDSON, 0000 ETHAN A. MYERS, 0000 JEFFREY A. PESKE, 0000 OLIVER I. RICK, 0000 THOMAS S. MYERS, 0000 BETH A. PETERS, 0000 TODD D. RIDDLE, 0000 MELISSA S. NADEAU, 0000 CHRISTOPHER W. PETERS, 0000 CHRISTOPHER A. RIDLON, 0000 DAVID C. NANCE, 0000 GAYLE E. PETERS, 0000 JOSH C. RIEDER, 0000 STEVEN L. NAPIER, 0000 ERIN D. PETERSON, 0000 GREGORY A. RIFFEL, 0000 DEBORAH F. NASH, 0000 JESSE L. PETERSON, 0000 DOUGLAS A. RIGGS, 0000 MARK A. NAVO, 0000 JOSHUA D. PETERSON, 0000 JASON S. RING, 0000 EVALINE M. NAZARIO, 0000 MARGARET R. PETERSON, 0000 THOMAS J. RINGLEIN, 0000

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NYREE D. RINKEVICH, 0000 JASON N. SCHRAMM, 0000 SHAUN S. SPERANZA, 0000 MEGHAN M. RIPPLE, 0000 ROBERT J. SCHREINER, 0000 WENDY L. SPILLAR, 0000 JOEL S. RIVARD, 0000 BRADFORD D. SCHRUMPF, 0000 JOSEPH T. SPOSITO, 0000 LESLIE W. ROACH, 0000 STEVEN A. SCHULA, 0000 TODD C. SPRISTER, 0000 BRIAN M. ROBERTS, 0000 ERIC N. SCHULZE, 0000 RICHARD T. SQUIRE, 0000 JEREMY S. ROBERTS, 0000 BRETT C. SCHUMER, 0000 CHRISTOPHER T. STACK, 0000 KEITH D. ROBERTS, 0000 CHRISTOPHER J. SCHUMPP, 0000 SCOTT A. STADELMAN, 0000 LEEANN N. ROBERTS, 0000 MICHAEL J. SCHWAN, 0000 KRISTA N. STAFF, 0000 MARIA C. ROBERTS, 0000 CHRISTINE M. SCOLARO, 0000 ERIN M. STAINEPYNE, 0000 PAUL I. ROBERTS, 0000 FRANCIS J. SCOLARO, 0000 JOHN C. STALLWORTH, 0000 RAIMONE A. ROBERTS, 0000 BRIAN D. SCOTT, 0000 TAIT W. STAMP, 0000 RONALD W. ROBERTS, JR., 0000 MICHAEL C. SCOTT, 0000 BYRON D. STANCLIFF, 0000 WILLIAM F. H. ROBERTS, 0000 RICHARD J. SCOTT, 0000 KIPLING D. STANTON, 0000 JAMES B. ROBERTSON, 0000 SHAWN H. SCOTT, 0000 BETH A. STARGARDT, 0000 KELLY A. ROBERTSON, 0000 THOMAS A. SCOTT, 0000 ERIC H. STAUB, 0000 JOHN S. ROBIN, 0000 JEREMY C. SEALS, 0000 THOMAS A. STAYER, 0000 BRETT B. ROBINSON, 0000 TIA A. SEALS, 0000 BRADLEY J. STEBBINS, 0000 GREGORY A. ROBY, 0000 THOMAS E. SEGARS, JR., 0000 KRISTIN M. STEINKE, 0000 MATTHEW J. ROCHON, 0000 EDWARD W. SEIBERT, 0000 JENNIE M. STELDT, 0000 JEFFREY W. ROCK, 0000 ROBERT A. SEITZ, 0000 EDWARD J. STENGEL II, 0000 REGINA D. ROCKEL, 0000 BENA E. SELLERS, 0000 NIKOLAS W. STENGLE, 0000 ANDREW L. RODDAN, 0000 HEATHER M. SELLS, 0000 JON A. STERLING, 0000 WILLIAM K. RODMAN, 0000 STEPHEN C. SERNIAK, 0000 CHADWICK J. STERR, 0000 RODOLFO I. RODRIGUEZ, 0000 GREGORY A. SEVENING, 0000 BRADLEY R. STEVENS, 0000 AUGUST G. ROESENER, 0000 A. RODELL SEVERSON IV, 0000 PHILIP R. STEVENS, 0000 ANDREW M. ROGERS, 0000 DAVID M. SHACHTER, 0000 DANIEL S. STEVENSON, 0000 DAVID A. ROGERS, 0000 ANTHONY T. SHAFER, JR., 0000 JAMES W. STEWART, 0000 JOSHUA D. ROGERS, 0000 THOMAS A. SHANE, 0000 JEREMY S. STEWART, 0000 LEA P. ROGERS, 0000 BRIAN P. SHAWARYN, 0000 JUDSON M. STIGLICH, 0000 RICHARD W. ROGERS, 0000 DANIEL P. SHEA, 0000 DAVID W. STINE, 0000 H. WARREN ROHLFS, 0000 PHILLIP A. SHEA, 0000 ANDREW P. STOHLMANN, 0000 CHARLES B. ROHRIG, 0000 STEVEN K. SHEARIN, 0000 MELISSA A. STONE, 0000 ERIC E. ROLLMAN, 0000 ANDREW J. SHEEHAN, 0000 BRIAN E. STORCK, 0000 ANDREW C. ROLPH, 0000 ROBERT W. SHEEHAN, 0000 STEVEN K. STORMS, 0000 JEFF P. ROPER, 0000 MELANIE L. SHEPPERD, 0000 CHARLES N. STPIERRE III, 0000 LANCE ROSAMIRANDA, 0000 NATHAN P. SHERMAN, 0000 STANLEY D. STRAIGHT, 0000 CHRISTOPHER M. ROSATI, 0000 RYAN J. SHERMAN, 0000 DANY M. STRAKOS, 0000 BRIAN D. ROSCISZEWSKI, 0000 WALTER D. SHERROD, 0000 TODD L. STRAWSER, 0000 ANDREW W. ROSE, 0000 STEVEN SHEUMAKER, 0000 CANDICE L. STREFF, 0000 MICHAEL A. ROSE, 0000 FRANKLIN C. SHIFFLETT, 0000 JEREMY P. STRINGER, 0000 STEVEN M. ROSE, 0000 RONALD S. SHIVERS, 0000 DANIEL L. STROMBERG, 0000 DAVID J. ROSS, 0000 DESTIN J. SHOEMAKER, 0000 CHRISTOPHER W. STRONG, 0000 DORENE B. J. ROSS, 0000 TRAVIS W. SHOEMAKER, 0000 AARON C. STUCK, 0000 STACIE H. ROSS, 0000 RALPH R. SHOUKRY, 0000 RYAN P. STUGART, 0000 BRANDON T. ROTH, 0000 JOSHUA A. SHOWN, 0000 CLIFFORD V. SULHAM, 0000 GARY P. ROUSSEAU, JR., 0000 MICHAEL J. SHREVES, 0000 VINCENT T. SULLIVAN III, 0000 MICHAEL S. ROWE, 0000 TODD H. SHUGART, 0000 CHAD L. SUMMITT, 0000 TRAVIS M. ROWLEY, 0000 KATHERINE M. SIEFKIN, 0000 BRIAN A. SURDYK, 0000 KEVIN R. ROY, 0000 DONALD C. SIEGMUND, 0000 WENDY A. SWART, 0000 JOHN P. ROZSNYAI, 0000 SCOTT M. SIETING, 0000 ANDREW J. SWARTZER, 0000 CHRISTOPHER T. RUBIANO, 0000 JOHN E. SILL, 0000 THEODORE I. SWEENEY, 0000 STUART M. RUBIO, 0000 COREY A. SIMMONS, 0000 WESLEY W. SWEITZER, 0000 CHRISTOPHER V. RUDD, 0000 GHIA P. SIMMONS, 0000 JAMIL D. SYED, 0000 WILLIE M. RUDD, JR., 0000 TRAVOLIS A. SIMMONS, 0000 STEVEN D. SYLVESTER, 0000 VICTOR F. RUIZ, JR., 0000 BRIAN M. SIMONIS, 0000 CHRISTINA G. SZASZ, 0000 EMILIO RUIZSORIANO, 0000 BRENDA S. SIMPSON, 0000 ANDRAS J. SZUCS, 0000 LOUIS J. RUSCETTA, 0000 JEROME M. SIMS, 0000 ERYNN M. TAIT, 0000 JASON R. RUSCO, 0000 JOHN W. SIMS, JR., 0000 DAVID A. TALAFUSE, 0000 RAFAL RUSEK, 0000 PATRICK A. SIMS, 0000 AARON K. TALLMAN, 0000 NATHAN L. RUSIN, 0000 RODNEY S. SISTARE, 0000 PAUL T. TAMASHIRO, 0000 BARRY T. RUSSELL, 0000 RICHARD SJOGREN, 0000 RICHARD C. TANNER, 0000 JENNIFER M. RUSSELL, 0000 BRYAN E. SKARDA, 0000 NATHAN W. TARKOWSKI, 0000 JIMMY D. RUSSELL, 0000 ROBERT E. SKUYA, 0000 CARMILLA E. TATEL, 0000 BENJAMIN D. RUSSO, 0000 REGINALD L. SLADE, 0000 MERWIN A. TATEL, 0000 NILES K. RUTHVEN, 0000 ELTON S. SLEDGE, 0000 BRIAN R. TAVERNIER, 0000 DEREK M. RUTLEDGE, 0000 BENJAMIN L. SLINKARD, 0000 CHAD D. TAYLOR, 0000 ERIN T. RYAN, 0000 JOEL A. SLOAN, 0000 DAVID G. TAYLOR, 0000 MITCHELL D. RYAN, 0000 RONALD J. SLOMA, 0000 DAVID M. TAYLOR, 0000 MARK H. SADLER, 0000 PATRICK R. SMALL, 0000 DEREK P. TAYLOR, 0000 ROBERT J. SADLER, 0000 BEN P. SMALLWOOD, 0000 JASON G. TAYLOR, 0000 CLINTON R. SAFFO, 0000 MARK A. SMEDRA, 0000 MATTHEW G. TAYLOR, 0000 GABRIEL G. SALAZAR, 0000 DOMENIC SMERAGLIA, 0000 MATTHEW P. TAYLOR, 0000 MILTON T. SALDIVAR, 0000 THOMAS A. SMICKLAS, 0000 MELANIE C. TAYLOR, 0000 DEREK M. SALMI, 0000 ADAM R. SMITH, 0000 MICHELLE M. TETZLAFF, 0000 ANTHONY J. SALVATORE, 0000 ALESANDRO V. SMITH, 0000 VAN T. THAI, 0000 TOSHIO B. SAMESHIMA, 0000 BERNARD C. SMITH, 0000 DEREK D. THARALDSON, 0000 MICHAEL A. SAMUEL, 0000 BRIAN J. SMITH, 0000 JARIN R. THAYN, 0000 DANIEL A. SANABRIA, 0000 CRAIG A. SMITH, 0000 PAUL A. THERIOT, 0000 DONALD J. SANDBERG, 0000 DANNY C. SMITH, 0000 JOHN G. THIEN, 0000 WYNN S. SANDERS, 0000 DARYL E. SMITH, 0000 DANIEL S. THOMAS, 0000 JOHN B. SANDIFER, 0000 JASON B. SMITH, 0000 JOSEPH K. THOMAS IV, 0000 JAY T. SANDUSKY, 0000 JEFFREY D. SMITH, 0000 KEVIN S. D. THOMAS, 0000 ANGEL A. SANTIAGO, 0000 JIMMY W. SMITH, 0000 DOMENIC F. THOMPSON, 0000 MATTHEW R. SANTORSOLA, 0000 JOSHUA A. SMITH, 0000 JONATHAN E. THOMPSON, 0000 DAVID E. SARABIA, 0000 KEVIN J. SMITH, 0000 ROBERT T. THOMPSON, 0000 DAVID P. SASSER, 0000 MARIE E. SMITH, 0000 JASON D. THORNBURG, 0000 ELIOT A. SASSON, 0000 MARK A. SMITH, 0000 ERIN R. THORNTON, 0000 RYAN W. SATTERTHWAITE, 0000 NAOMI D. SMITH, 0000 DARREN P. THURM, 0000 JEREMY C. SAUNDERS, 0000 NATHANIEL J. SMITH, 0000 GRADY A. TIBBOEL, 0000 JOHN E. SAUNDERS, 0000 PHILIP D. SMITH, 0000 BRIAN E. TIDBALL, 0000 RYAN T. SAVAGEAU, 0000 RODRIC S. SMITH, 0000 JERADE W. TIPTON, 0000 TRENA M. SAVAGEAU, 0000 SCOTT G. SMITH, 0000 JENNIFER A. TITTEL, 0000 TANYA M. SCALIONE, 0000 SHANE R. SMITH, 0000 NATHAN R. TITUS, 0000 MARK E. SCEPANSKY, 0000 STEVE A. SMITH, 0000 CATHERINE M. TODD, 0000 ROBIN E. SCHAEFFER, 0000 TODD G. SMITH, 0000 STEVEN E. TOFTE, 0000 JARED W. SCHAFER, 0000 VAN S. SMITH, 0000 DEVIN G. TOMASESKI, 0000 TYLER R. SCHAFF, 0000 WILLIAM H. SMITH, 0000 JUSTIN S. TOMLINSON, 0000 AARON M. SCHEER, 0000 ZACHARY L. SMITH, 0000 MICHAEL A. TOMM, 0000 MARK A. SCHEER, 0000 ROBERT J. SMOLICH, 0000 EVERARDO TORRES, JR., 0000 MATTHEW T. SCHELLING, 0000 TROY A. SNETSINGER, 0000 JUAN A. TORRES, 0000 RYAN J. SCHENK, 0000 JOSHUA E. SNOW, 0000 JOHN G. TOTTY, 0000 ROBERT A. SCHLESIGER, 0000 JASON E. SNYDER, 0000 TRAVIS B. TOUGAW, 0000 DAMIAN SCHLUSSEL, 0000 D. MICHAEL SOBERS, JR., 0000 TIMOTHY M. TOUZEAU, 0000 KARL F. SCHLUTER, 0000 JENNIFER L. SOLES, 0000 BRIAN B. TOWELL, 0000 RANDALL L. SCHMEDTHORST, 0000 MICHAEL G. SOMMERS, 0000 PHUC Q. TRAN, 0000 JASON A. SCHMIDT, 0000 BRITT E. SONNICHSEN, 0000 AARON S. TREHERNE, 0000 JASON D. SCHMIDT, 0000 JAIME SONORA, 0000 MICHAEL W. TRENT, 0000 R. ERIC SCHMIDT, 0000 AUSTIN L. SORENSEN, 0000 ERIC D. TRIAS, 0000 WILLIAM T. SCHMIDT, 0000 MICHAEL A. SPADA, 0000 WILLIAM L. TRIPLETT, 0000 SCOTT A. SCHMUNK, 0000 BRETT R. SPANGLER, 0000 ERIC T. TROCINSKI, 0000 CHRISTOPHER T. SCHNEIDER, 0000 CLINT H. SPARKMAN, 0000 LAYNE D. TROSPER, 0000 GREGORY P. SCHNURRENBERGER, 0000 BRIAN A. SPARKS, 0000 ROBERT Q. TROY, 0000 RONALD D. SCHOCHENMAIER, 0000 JOSHUA J. SPEAR, 0000 SASKIA TRUJILLO, 0000 JOSEPH F. SCHOLES III, 0000 JUSTIN B. SPEARS, 0000 GARRETT A. TRUSKETT, 0000 JOSEPH R. SCHOLTZ, 0000 CHRISTOPHER J. SPECHT, 0000 JONATHAN E. TUCKER, 0000 ERIC P. SCHOMBURG, 0000 GUY T. SPENCER, 0000 SAMUEL A. TUCKER, 0000 TODD E. SCHOPMEYER, 0000 CARLY R. SPERANZA, 0000 ADAM C. TUFTS, 0000

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RAYMUNDO O. TULIER, 0000 JOSEPH H. WENCKUS, 0000 MELISSA L. YOUDERIAN, 0000 JUSTIN W. TULL, 0000 BENJAMIN J. WENDIKE, 0000 JAMES E. YOUNG II, 0000 SEAN F. TUNALEY, 0000 REGINALD D. WESLEY, 0000 JAMES G. YOUNG, 0000 BRADLEY E. TURNER, 0000 SHEILA N. WESLEY, 0000 MATTHEW T. YOUNG, 0000 MICHELLE L. TURQUETTE, 0000 ANDREW R. WEST, 0000 RYAN J. YOUNGBLOOD, 0000 CHAD P. TUTTLE, 0000 JAMES L. WEST, 0000 LONI B. YU, 0000 MAJKEN B. TUTTY, 0000 ERIC L. WESTBY, 0000 DANIEL P. YURASEK, 0000 JUSTIN H. TYREE, 0000 JASON C. WETZEL, 0000 VINCENT C. ZABALA, 0000 CHRISTOPHER J. ULISH, 0000 SUSAN A. WHALEN, 0000 DARIA J. ZALEWSKA, 0000 OLIVER S. ULMER, 0000 JACK G. WHEELDON III, 0000 ROBERT C. ZEESE, 0000 GREGORY S. ULRICH, 0000 RYAN S. WHEELER, 0000 MICHAEL D. ZIEMANN, 0000 WILLIAM L. URBAN II, 0000 DAVID J. WHEELOCK, 0000 JOSEPH F. ZINGARO, 0000 ATILIO M. USSEGLIO, 0000 BRADLEY D. WHITE, 0000 JOHN F. ZOHN, JR., 0000 PROSPERO A. UYBARRETA, 0000 BRENDA A. WHITE, 0000 CLINTON R. ZUMBRUNNEN, 0000 BRADY J. VAIRA, 0000 DONNY L. WHITE, 0000 MARIO F. ZUNIGA, 0000 ROD L. VALENTINE, 0000 JUSTIN O. WHITE, 0000 ELISA VALENZUELA, 0000 MEGAN A. WHITE, 0000 IN THE ARMY SHANNON L. VAN VLECK, 0000 NATHANAEL T. WHITE, 0000 MARK D. VANBRUNT, 0000 PETER J. WHITE, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR DOUGLAS W. VANCE, 0000 BERNABE F. WHITFIELD, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JAMES C. VANCE, 0000 LARRY W. WHITMORE, 0000 UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, DAVID D. VANDERBURG, 0000 JASON A. WHITTLE, 0000 U.S.C., SECTIONS 531 AND 3064: RYAN E. VANDERVEEN, 0000 BRYAN C. WIELAND, 0000 To be lieutenant colonel CONNIE M. VANHOESEN, 0000 JULIE A. WIEMER, 0000 JOSEPH M. VANONI, 0000 RYAN M. WIERZBANOWSKI, 0000 THOMAS F. KING, 0000 VIANESA R. K. VARGAS, 0000 BENJAMIN D. WILD, 0000 JOHN D. VARILEK, 0000 DENNIS C. WILDE, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR RICHARD G. VASQUEZ, 0000 DAVID D. WILEY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JASON F. VATTIONI, 0000 MONTE A. WILEY, 0000 UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, WILLIAM B. VAUGHN, 0000 SAMUEL R. WILHELM, 0000 U.S.C., SECTIONS 531 AND 3064: JUAN VAZQUEZ, 0000 ALEXANDER L. WILKERSON, 0000 JUANLUIS VELEZ, 0000 BEAU S. WILKINS, 0000 To be major MICHAEL L. VENUS, 0000 CHRISTOPHER A. WILKINS, 0000 MARY P. WHITNEY, 0000 DAMIAN J. VERELLEN, 0000 JOHN P. WILKINS, 0000 SHANE S. VESELY, 0000 DALTON F. WILLIAMS III, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR STEVEN F. VICSOTKA, 0000 JASON L. WILLIAMS, 0000 APPOINTMENT TO THE GRADES INDICATED IN THE REGINALD C. VICTORIA, 0000 KEVIN S. WILLIAMS, 0000 UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, CASEY J. VILE, 0000 PATRICK C. WILLIAMS, 0000 U.S.C., SECTIONS 531 AND 3064: WARREN E. VINES, 0000 PHELEMON T. WILLIAMS, 0000 JOHN R. VIPPERMAN, 0000 RICHARD A. WILLIAMS, 0000 To be major JOHN F. VITO, 0000 TREVEN L. WILLIAMS, 0000 JAMES W. HALIDAY, 0000 WILLIAM J. VIVONI, 0000 STUART A. WILLIAMSON, 0000 BRADLEY D. LOGIE, 0000 ALEX M. VLAKANCIC, 0000 CHRISTOPHER H. WILLIS, 0000 STEVEN D. MCCLINTOCK, 0000 BRIAN D. VLAUN, 0000 MICHAEL A. WILLIS, 0000 DANE ST JOHN, 0000 SARAH A. VOIGT, 0000 TYSON M. WILLIS, 0000 DIMITRY Y. TSVETOV, 0000 BRIAN A. VOLANTE, 0000 JERIMY L. WILLS, 0000 WENDY J. VOLKLAND, 0000 CLINTON M. WILSON, 0000 IN THE AIR FORCE TIMOTHY D. VORUZ, 0000 CORY R. WILSON, 0000 LANCE M. WADDY, 0000 DAVID L. WILSON II, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM O. WADE, 0000 JAMES A. WILSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR KURT E. WAGNER, 0000 KYLE J. WILSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN C. WAHRMUND, 0000 MELISSA A. WILSON, 0000 To be colonel ERWIN T. WAIBEL, 0000 RICHARD J. WILSON, 0000 CASEY W. WAITE, 0000 RYAN J. WILSON, 0000 CHRISTINE LYNN BARBER, 0000 STEVEN J. WALDEN, 0000 SAMUEL S. WILSON, 0000 NANCY LOUISE BORIACK, 0000 CHRISTOPHER V. WALKER, 0000 HAROLD L. WILSTEAD, 0000 ROBIN POND BURNE, 0000 DANIEL M. WALKER, 0000 KENNETH P. WINNINGS, JR., 0000 LAUREL A. M. DINERSTEIN, 0000 MARC A. WALKER, 0000 ERIC A. WINTERBOTTOM, 0000 J. T. FLOYD, 0000 MICHAEL J. WALKER, 0000 PHILLIP C. WINTERTON, 0000 MARY E. HANSEN, 0000 S. DAVID WALKER, 0000 GREGORY S. WINTILL, 0000 PETER S. JUMPER, 0000 SHANE F. WALLACE, 0000 BERNADETTE D. WISHOM, 0000 MICHELE C. PINO, 0000 JEREMY L. WALLER, 0000 OLGIERD P. WOJNAR, 0000 TIMOTHY J. SHEEHAN, 0000 GEORGE T. WALLING, 0000 JULIE A. WOKATYKOZMA, 0000 JAMES W. SMITH, 0000 JOHN D. WALSH, 0000 CHESTER E. WOLFE, 0000 BRIAN M. SPEARS, 0000 MIA L. WALSH, 0000 THOMAS B. WOLFE, 0000 ALLAN D. STOWERS, 0000 MARK J. WALSKE, 0000 CHARLES A. WOLFSANDLE, 0000 MICHELE A. WILLIAMS, 0000 DANIEL T. WALTER, 0000 CRAIG R. S. WONG, 0000 CHUNG H. YEN, 0000 ZACHARY S. WARAKOMSKI, 0000 CARL F. WOOD, 0000 CASEY J. WARD, 0000 DOUGLAS W. WOODARD, 0000 IN THE NAVY THOMAS W. WARD, 0000 DAVID B. WOODLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW R. WARNER, 0000 WILLIAM E. WOODWARD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRITT A. WARREN, 0000 TRAVIS L. WOODWORTH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CAMERON L. WARREN, 0000 JAMES R. WOOSLEY, 0000 JOSHUA L. WARREN, 0000 EDSEL B. WOOTEN III, 0000 To be commander JUSTIN C. WASHINGTON, 0000 JASON M. WORK, 0000 KEITHEN A. WASHINGTON, 0000 MATTHEW W. WORLING, 0000 DONALD S. HUDSON, 0000 FRANK W. WATERS, 0000 JASON T. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON M. WATSON, 0000 JENNIFER L. WRIGHT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY LARRY S. WATSON, 0000 JOSEPH C. WRIGHT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: STEVEN L. WATTS II, 0000 CHIAFEI V. WU, 0000 RAYMOND S. WAY, 0000 DANIEL P. WUNDER, 0000 To be commander DANIEL B. WEBB, 0000 LEE A. WYNNE, 0000 LONNY W. WEBB, 0000 STEPHEN P. WYNNE, 0000 JEFFREY N. SAVILLE, 0000 ERIC S. WEBER, 0000 TODD D. YACKLEY, 0000 JAMES M. WECHT, 0000 TONYA D. YARBER, 0000 THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE DAVID L. WEIDE, 0000 JENNIFER J. YATES, 0000 INDICATED IN THE REGULAR NAVY UNDER TITLE 10, RYAN P. WEISIGER, 0000 SCOTT T. YEATMAN, 0000 U.S.C., SECTION 531: JEREMY B. WELLMON, 0000 MATTHEW R. YEATTER, 0000 To be lieutenant commander BRETT J. WELLS, 0000 SEAN M. YODER, 0000 PAUL J. WELLS, 0000 MICHAEL D. YORK, 0000 STEVEN M. DEMATTEO, 0000

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