February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1313 SENATE—Tuesday, February 5, 2008

The Senate met at 10 a.m. and was SCHEDULE Package.’’ Democrats are holding onto called to order by the Honorable JON Mr. REID. Mr. President, this morn- the stimulus bill, the article said, not TESTER, a Senator from the State of ing there will be an hour of morning to speed up the rebate checks, but to Montana. business, with Senators allowed to try to make Republicans look bad in November. Asked about the amend- PRAYER speak therein for up to 10 minutes each. The first half of the time will be ments we were expecting to take up The Chaplain, Dr. Barry C. Black, of- allocated to the minority, the second this week, the senior Senator from New fered the following prayer: half to the majority. York said, ‘‘It’s tough votes for them.’’ Let us pray. It’s tough votes for them. We acknowledge today, O Lord, Your ORDER OF RECOGNITION Now, the same AP article also help- power, mercy, and grace. We need Your I now ask unanimous consent that fully points out that the senior Sen- power for the challenges we face. We following morning business, I be recog- ator from New York is no sideline ob- need Your mercy, for we transgress nized. server in this debate. It notes that he Your law and fall short of Your glory. The ACTING PRESIDENT pro tem- moonlights as chairman of the Demo- We need Your grace, for we cannot pore. Without objection, it is so or- cratic Senatorial Campaign Com- offer anything to merit Your favor or dered. mittee. For people outside the beltway, gain Your love. f that means he is in charge of recruit- Empower our Senators for today’s ing and helping Democrat candidates journey. Give them confidence to draw RECOGNITION OF THE for the Senate—which, this week, ac- near to You that they may find grace REPUBLICAN LEADER cording to the AP, evidently involves to help them in this time of need. May The ACTING PRESIDENT pro tem- holding up the stimulus bill over votes they pass their days in Your presence. pore. The Republican leader is recog- he thinks will help his candidates Enable them to learn the faithful stew- nized. against Republicans in November. ardship of time, energy, and abun- f Now I don’t know if the thrust of this dance. Temper their gifts with Your article was entirely accurate. But if it wisdom as You help them with their STIMULUS PACKAGE was, these are precisely the kind of decisions. Remind them that leadership Mr. MCCONNELL. Mr. President, shenanigans Americans had been hop- can work miracles with cooperation ing we could get past this year. And, but accomplishes little with criticism Americans are probably wondering why the rebate checks we have been talking frankly, Senate Republicans were hope- and bitterness. ful after the speed with which the We pray in the Name of Him who about now for almost a month are still House approved its version of the came to bring peace on Earth. Amen. being debated on the floor of the Sen- growth package that Senate Democrats f ate, and we owe them an answer. Two weeks ago they saw what looked would also see the wisdom in coming PLEDGE OF ALLEGIANCE like a bipartisan agreement between together to deliver relief in a timely The Honorable JON TESTER led the Democrats and Republicans in Con- manner. Pledge of Allegiance, as follows: gress and the White House over the de- It’s disappointing that politics would come to play a part in a deal that I pledge allegiance to the Flag of the tails of a deal. They saw Speaker seemed refreshingly free from it for a United States of America, and to the Repub- PELOSI and Leader BOEHNER, to their lic for which it stands, one nation under God, great credit, resist the temptation to change. But unfortunately, it seems the never-ending campaign that taint- indivisible, with liberty and justice for all. add pet projects that they knew would ed so much of last year’s Senate busi- f only slow the package down—and rob it ness has carried over to this year. APPOINTMENT OF ACTING of its stimulative effect. They heard a Last night, my good friend the ma- PRESIDENT PRO TEMPORE chorus of pleas from economists, trade jority leader suggested that Repub- The PRESIDING OFFICER. The groups, and Members of both parties in licans were delaying action on the clerk will please read a communication both Chambers endorsing this ap- stimulus plan because we asked for to the Senate from the President pro proach. This package had to be tar- some time to review his latest pro- tempore (Mr. BYRD). geted and it had to be timely, or it posal—a full 4 days after he said he The bill clerk read the following let- wouldn’t work at all. would deliver it. Never mind that pas- ter: So most days we find ourselves try- sage of the Senate Democrats’ bill ing to explain to people why it takes so U.S. SENATE, forces a conference, worsening an al- PRESIDENT PRO TEMPORE, long to do things in the Senate. But ready-prolonged process. Never mind Washington, DC, February 5, 2008. this time was going to be different. that once we did take a look, we no- To the Senate: Here was that rare situation when both ticed an extra $1 billion in spending, Under the provisions of rule I, paragraph 3, parties agreed to put politics and indi- of the Standing Rules of the Senate, I hereby which I think most Americans would vidual interests aside and come to- consider a significant addition. And appoint the Honorable JON TESTER, a Sen- gether for the good of the people. ator from the State of Montana, to perform never mind that our friends on the the duties of the Chair. But then the stimulus bullet train other side had no intention of voting ROBERT C. BYRD, turned into a rickety stage coach here on the package today anyway. President pro tempore. in the Senate. When it got right down We could have disposed of this stim- Mr. TESTER thereupon assumed the to it, Senate Democrats couldn’t do ulus package a week ago, but our chair as Acting President pro tempore. what House Democrats had done. They Democratic colleagues wanted, as they couldn’t resist—not even one time—a f said, to put their ‘‘stamp’’ on it. chance to play politics. Mr. President, I don’t think Ameri- RECOGNITION OF THE MAJORITY If Americans are wondering why cans care one bit whether this bill has LEADER their checks aren’t in the mail, they a Republican or a Democratic stamp on The ACTING PRESIDENT pro tem- can find it in last week’s news clips. Of it. They are completely fed up with po- pore. The majority leader is recog- particular interest is an AP story enti- litical gotcha. Americans want—and nized. tled ‘‘Politics Creeps into Stimulus deserve—results.

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

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1314 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 Taxpayers will get their rebate bill a ‘‘pet project’’ calling for extend- House package with those ‘‘pet checks and businesses will get their ing unemployment benefits. That is projects’’ that take care of seniors, dis- much-needed relief, but not without our ‘‘pet project.’’ I have to stand ac- abled veterans, and a few other people having to watch a show here for a few cused, and I am guilty of that because where we feel it is important, espe- more days or a week—put on for the I support that. cially the unemployed people who are sake of a depressingly familiar polit- As we speak, we have some people— desperate for another check and are ical circus. even though in Washington it is fairly trying to find a job. That is unacceptable to Republicans. warm and the low last night was 41, Mr. President, the Orwellian Bush I presume it is unacceptable to the 385 other people are cold. We have a ‘‘pet administration has now slopped over Democrats and Republicans who voted project’’ in the bill dealing with giving into the Senate, and now the Repub- the stimulus package out of the House. them assistance so they can pay their lican leader is becoming Orwellian It is unacceptable to the more than heating bills. They will spend that himself. 100 million American families who are money very quickly. f probably still wondering why we are We have another ‘‘pet project’’ that talking about this bill at all. was supported on a bipartisan basis in RESERVATION OF LEADER TIME The ACTING PRESIDENT pro tem- the bill to give homeowners relief. One The ACTING PRESIDENT pro tem- pore. The majority leader is recog- of the ‘‘pet projects’’ in this bill was pore. Under the previous order, the nized. talked about by the President in his leadership time is reserved. f State of the Union Message. When we f heard him say it, we all knew he prob- MORNING BUSINESS STIMULUS PACKAGE ably didn’t really mean it, but he Mr. REID. Mr. President, what we talked about doing something to refi- The ACTING PRESIDENT pro tem- have seen here on the Senate floor this nance homes that are in default. We pore. Under the previous order, there morning is very much in keeping with took the President’s word, and one of will now be a period for the transaction what has happened in the last 7 years our ‘‘pet projects’’ is what the Presi- of morning business for 60 minutes, with the Bush administration. The dent wanted and which is in this Sen- with Senators permitted to speak Bush administration is Orwellian. It ate stimulus package. therein for up to 10 minutes each, with says something that means something To talk about the timely nature of the time equally divided and controlled else. The President comes to town and this, a rebate check, even under the between the two leaders or their des- wants to be a ‘‘uniter’’ and not a di- most generous timeframe, cannot come ignees, with the first half of the time vider. The American people know how until after the income tax returns are under the control of the Republican disingenuous that has been. filed in April of this year. So we are leader or his designee and the second The President had the ceremony on moving this as quickly as we should. half of the time under control of the an aircraft carrier. He had his flight One of the ‘‘pet projects’’ we have in majority leader or his designee. suit on, with a big banner up saying this bill is to take care of about 250,000 The Senator from California. ‘‘Mission Accomplished.’’ That was al- disabled veterans—American veterans f most 5 years ago. Since that time, 3,000 who, in the course of their duties serv- ORDER OF PROCEDURE American soldiers have been killed, ing this country, have become disabled. and more than 20,000 have been wound- We, as one of our ‘‘pet projects,’’ de- Mrs. BOXER. Mr. President, I ask ed. Is that Orwellian? I think so. cided it would be nice—if everyone else unanimous consent that I be allowed to What has taken place here on the was getting a rebate check, shouldn’t a speak on the Democrats’ time to pay Senate floor today is in keeping with disabled veteran get one? So that is a tribute to Marine Cpl Sean Andrew this Bush situation. ‘‘pet project.’’ I support it, and I think Stokes. I thank Senator KYL for agree- By the way, the Bush White House— it is very important. ing to this request. for the first time in more than 130 One of the ‘‘pet projects’’ we sup- The ACTING PRESIDENT pro tem- years—has someone working in the port—and I think there is bipartisan pore. Without objection, it is so or- White House who is indicted and con- support for it—is to take care of 21.5 dered. victed of a crime. The same White million seniors who, with the House- f House had someone in charge of budg- passed bill, get a big goose egg—noth- HONORING OUR ARMED FORCES eting and taking care of Government ing. I have not criticized the House contracts who is now in prison, Mr. bill. It was a good start. But even CORPORAL SEAN ANDREW STOKES Safavian. This is the same President Speaker PELOSI, my dear friend, recog- Mrs. BOXER. Mr. President, tomor- who presided over a House majority nizes that what they did is inadequate row, Wednesday, February 6, at Camp leader who had two ethics convictions. and that what we are going to do is Pendleton in my home State of Cali- What did he do to avoid any penalties? much better. We are going to give 21.5 fornia, one of the true heroes of our He changed the rules in the House until million seniors a rebate. What does country will receive a rare and distin- he was indicted by the State of Texas. that mean? They will spend it and guished honor. On what would have Now, a number of House Members’ staff stimulate the economy. been his 25th birthday, Marine Cpl who dealt with that are in prison, and Mr. President, to say they need time Sean Andrew Stokes—and I show you others are planning on going there. to read this gargantuan bill we have— that beautiful face in this picture—will Mr. President, what we have heard it was best summarized by the Senator be awarded the Silver Star for heroic today here on the Senate floor is as Or- from California; she did it last night. actions performed in the line of duty wellian as anything could be. Two Senator BOXER brought to the Senate during Operation Phantom Fury in weeks ago, the House passed a bipar- floor the addition to the bill that they Fallujah, Iraq. tisan bill. Sure, they did. They sent it are still reading. It is a page and a half From November 9 through November over here for us. Under the Constitu- long. So we have had 12 to 14 hours; 18 of 2004, then-Private Stokes took the tion, we have an obligation to consider they could have read two or three position of ‘‘point’’ in his platoon. That that. It is an insult to the bipartisan words an hour and gotten through that. means he was the first Marine to enter bill that came out of the Senate Fi- Today, we should be able to finish a building and the first Marine to en- nance Committee to call this matter the Foreign Intelligence Surveillance counter whatever and whoever was in- which is now before the Senate ‘‘Sen- Act legislation and have a time set for side. Bullets, grenades, and rockets ators’ pet projects.’’ tomorrow to finish the vote on the were around every corner. For 9 days We have millions of people who are stimulus package. Sixty votes is all we and nights, Sean fought insurgents in out of work and others who are looking want. There are 51 Democrats, and ev- hand-to-hand combat, in house after at being out of work. We have in our eryone will vote for this. It is the house, in building after building.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1315 Most of us would lose our sanity in from his first tour in Iraq, the people of I conclude as the Senator from Cali- such a place, but Sean kept his sanity Auburn learned he wanted to fix up his fornia, we have lost so many. As a with a simple prayer of thanks after Honda Prelude, so they, the people of mother, as a grandmother, I will do ev- coming out of each house alive. the town, put on some new rims, erything, along with my colleagues, to Word of Sean’s actions over those spruced it up, and made it look good— bring our troops home and to spare days quickly spread. The History Chan- all free of charge—for Sean. others the deep grief this family has nel made a documentary about the bat- He attended Bear River High School, endured. tle of Fallujah, and Sean’s heroic ac- where he played linebacker on the foot- I again thank Senator KYL for his tions were prominently featured. ball team and the outfield on the base- graciousness in allowing me to have Embedded in Sean’s platoon was Pat ball team. this opportunity to pay tribute to O’Donnell, a historian who wrote a Upon learning that Sean died, Bear Sean. critically acclaimed book, ‘‘We Were River retired his No. 51 football jersey, I yield the floor. One: Shoulder to Shoulder with the the first time the school has ever re- The ACTING PRESIDENT pro tem- Marines Who Took Fallujah.’’ Mr. tired a number. pore. The Senator from Arizona. O’Donnell has said Sean hid his wounds Of his baseball ability, Sean’s dad Mr. KYL. Mr. President, I thank the Senator from California for her re- on more than one occasion so he could draws a parallel to a great home-run marks about Sean and his service to stay with his Marine brothers rather hitter also born on Wednesday—Babe this country. He clearly represents all than take the mandatory medical evac- Ruth. He said it is no coincidence that those marines, soldiers, and others who uation. He said: he was the only kid on the all-star have given their lives and the many Sean always put others first before him- team to hit the ball out of Babe Ruth others who have been casualties of con- self. Baseball Park onto the nearby road, Sean will be receiving the Silver Star flicts on behalf of the American people. not once but three times. We do, indeed, owe them our debt of tomorrow for his actions on his first Sean’s dad also says he was quite tour. His father Gary conducted re- gratitude and we, as policymakers, in popular and had lots of girlfriends. But the country owe them decisionmaking search, and as best as he can tell, Sean he had found true love and was engaged is the first Marine to be awarded the which ensures that their sacrifices will to Nicole Besier, a beautiful young girl not have been in vain. Silver Star for actions while a private who is also a Marine. since two Marine privates received Gary Stokes wrote to me about his f such an honor during the Vietnam war. son: ECONOMIC STIMULUS PACKAGE In September 2005, Sean returned to Iraq, once again at the front of his pla- Sean turned out to be a great fisherman Mr. KYL. Mr. President, I wish to and from the time he was a little guy, he turn to the business at hand, which is toon, where he distinguished himself loved to fish. I remember taking Sean camp- and was eventually promoted to cor- the so-called economic stimulus pack- ing, and that is all he wanted to do the en- age. I have not had an opportunity to poral. tire time during our camping trips and other Sean could have left the Marine offer my personal views on this issue. outings and vacations. Even though I under- I do not believe that tax rebate Corps at the end of that tour. His fa- stand that the Tigris River was polluted and ther urged him to get out, but Sean at times surrounded by terrorists, I would be checks and an extension of unemploy- said: What about everybody else? He surprised if Sean did not throw in a fishing ment benefits will boost the economy. felt the need to stick by his buddies line a few times during one of his three tours Of course, Americans deserve to keep who had stood by his side every single in Iraq. more of their hard-earned dollars and day in Iraq. ‘‘Sean, like his brother Kevin, is a Washington should spend less of them. In April of 2007, Sean went back for great son,’’ his father writes. We do But giving people tax rebates and tell- his third deployment. Sean’s father have a photo, I believe, of Kevin. We ing them to go shopping will do vir- wrote: are going to get out the photo to show tually nothing to grow our economy. He went back to Iraq to protect his best the brothers together. Our economy grows—GDP increases— friend, Bradley Adams, and because he want- Sean, like his brother Kevin, is a great son, when new goods and services are pro- ed to be a Marine more than anything else in and we always would make sure to make duced. A one-time shopping spree is not life. time to do fun things together as much as going to encourage a business to hire Sean, along with Bradley, was as- possible, like golf, fishing, or camping. one additional worker or invest in one signed to the battalion commander’s This is a picture of Sean and his additional machine. Only a permanent personal security detachment, a posi- brother. reduction in tax rates will do that. tion reserved for elite and combat-sea- His father continues: Gross domestic product increased by soned warriors. The two managed to Sean and I made the commitment years just 0.6 percent in the fourth quarter of eventually maneuver their way into ago to not be like the father and son in the 2007. While most economists do not the lead vehicle, once again taking song ‘‘Cats in the Cradle.’’ Sean has touched forecast that the U.S. economy will point, which earned Sean the nickname many lives during his short life and he was enter recession this year, they do esti- ‘‘Pathfinder.’’ loved and was respected by everyone whom mate it will enter a period of below- That battalion commander told Gary he met. trend growth in the first half of 2008, Stokes his son had saved his life on nu- Sean’s life was short, but it was full and he with growth recovering in the third always gave it his all in everything he did. merous occasions, including on July 30, and fourth quarters. 2007, the day Sean Stokes died from an Tomorrow’s ceremony at Camp Pen- The current unemployment rate is 4.9 improvised explosive device attack dleton honors the heroism and the percent; down from 5 percent in Decem- while on patrol in Al Anbar Province. bravery of Sean Stokes. Similar to the ber. The drop is due to an upward revi- Over 820 men and women who were other Marines out at Camp Pendleton sion in the number of jobs created in either from California or based in Cali- and the rest of the men and women in December. fornia have died in Iraq. This young uniform around the world, he volun- The preliminary estimate is that the and heroic Marine is one of them. teered to carry the burden of pro- number of jobs created in January fell Sean Stokes represented the best of tecting our beloved Nation. by 17,000—the first decline in many the Marine Corps, the best of the He fought for the man next to him months. But note that a very small in- United States, the best of California. and for the troops behind him, and he crease in December job creation was He was born 25 years ago Wednesday in died in service to them. We owe him revised upward to 82,000 new jobs. Also, Fremont, CA. He grew up in the gold our gratitude. And we owe his family the initial August 2007 jobs reading country of California in the town of our gratitude and we owe the families showed a 4,000 job decline, but it too Auburn. of all the men and women who serve in was revised upward substantially. The He was into cars and his dad says he harm’s way our gratitude. We can January figure could well be revised had lots of them. When he returned never forget what they have sacrificed. upward.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1316 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 Over the past 30 years, from 1977 to House bill but adds a 5-year carryback rates—and we know from economists 2007, personal consumption has grown for net operating losses. This is an im- that the only way to encourage sus- steadily and strongly and has not fall- portant provision that I helped to have tainable economic growth is to encour- en off during economic downturns. included in the Finance bill and I age work, savings, and investment In contrast, during times of economic would support adding it to the House through lower marginal rates. weakness, private investment declines bill. No one is willing to see the child tax significantly. We are seeing this very From this point, the Finance Com- credit cut in half, the marriage penalty thing happen during this economic mittee bill really becomes a Christmas spring back to life, or a host of other downturn as well. tree. All kinds of legislative ornaments popular provisions disappear. The Treasury Secretary negotiated have been attached: Washington is slowly coming to the an agreement with the bipartisan $3 billion for utilities wind and solar realization that our corporate tax rate House leadership. That agreement was energy production; of 35 percent hurts American competi- fairly simple: $1.6 billion for energy-efficient tiveness. Only one OECD country— It provides a rebate of $600 for indi- homes, not particularly wise, given the Japan—has a higher rate. viduals and $1,200 for married filers, glut of new homes on the markets; In fact, I filed an amendment to cut and gives parents another $300 for each $323 million for manufacturers of en- the corporate rate to 25 percent when child. The rebate is phased out for indi- ergy-efficient appliances; the Finance Committee considered the viduals with adjusted gross income of $247 million for tax breaks for economic stimulus bill. Larry Kudlow more than $75,000, and couples with ad- wealthier investors in marginal oil and had this to say about my amendment: justed gross income. of $150,000. gas wells; In my view, this would be the single best It also expands the ability of small $153 million to for energy-efficient businesses to expense new equipment pro-growth measure that Washington could commercial buildings; and take. It would help create healthy busi- purchases for 2008 and gives businesses $100 million for coal companies owed nesses, create jobs, and raise real wages. It of all sizes the ability to write off 50 interest by the Federal government also would boost the dollar. The minute such percent the cost of many new depre- from a court case. a bill is signed—the very minute—the incen- ciable assets placed in service in 2008. Interestingly, the committee de- tive effects would take place. The House bill was passed on Janu- feated an amendment I offered to patch Last year, the Treasury Department ary 29 by a vote of 385 to 35. the AMT for 2008. released a study of American competi- The administration predicts that the tiveness and determined that our high proposal would boost the economy by The committee defeated an amend- corporate tax rate is in fact a barrier about 0.7 percent. In reality, that ment offered by Senator ENSIGN to pro- to encouraging businesses to locate in ‘‘growth’’ would be borrowed from the vide another repatriation window, dur- the U.S. future. It would not create new growth. ing which companies could bring back Also in 2007, CHARLIE RANGEL, the While I disagree with the central overseas earnings at a much-reduced chairman of the House Ways and Means premise of the House-passed bill—that tax rate. Committee, unveiled a comprehensive we need to stimulate consumer spend- The committee also denied me an op- tax reform proposal which included a ing—I am impressed that the bill was portunity to offer a package of indi- reduction in the corporate tax rate to very narrowly focused and that it gen- vidual and business tax provisions that 30 percent. There seems to be a growing erally did not include new spending. expired at the end of 2007 and other While the House bill was not the bill provisions that expire at the end of consensus across party lines that our I would have written, I feared that it this year, including: corporate tax rate should be reduced. would become far worse in the Senate. the teacher tax deduction, Another idea that has been gaining It has. the tuition deduction, traction is reducing the corporate cap- The bill passed out of the Finance the R&D tax credit, ital gains rate. This would have a tre- Committee dedicates $10 billion to ex- accelerated depreciation for lease- mendous ‘‘unlocking effect.’’ It simply tend unemployment benefits. Our cur- holds and restaurants, and makes no sense to tax corporate cap- rent unemployment rate is 4.9 percent. extending foreign tax changes that ital gains at 35 percent; such a high tax Congress has never before extended un- help U.S. multinationals compete—ac- rate only encourages companies to hold employment benefits when the rate is tive financing and the CFC look- on to unproductive assets. this low. Because extending unemploy- through. For years and years, investors and ment benefits has the effect of length- At best, proposals for short-term, de- Government officials have debated ening the traditional spell of unem- mand-side stimulus will borrow eco- whether the Treasury Department has ployment by 1 to 2 weeks, this provi- nomic growth and consumer spending the necessary authority to index cap- sion effectively eliminates any possible from the future, and will appear to cre- ital gains for inflation without Con- stimulative effect of the bill. ate a small boost for the economy. gress needing to act legislatively. I be- It also included a slightly smaller tax My real worry is that we are doing a lieve there is a case to be made that rebate—$500 per individual, $1,000 per disservice to all Americans if we tell Treasury does have the authority, and couple, $300 per child. Unlike the House them that increasing consumer spend- I hope the President will take this bold bill, the rebate would be available to ing is a panacea to our economic prob- step in his final year. senior citizens and disabled veterans lems. Forty-two percent of the cost of the who otherwise have no earned income. We would be far wiser to recognize Senate Finance Committee economic While I generally oppose the idea of re- that our short-term challenge now is stimulus ‘‘rebate’’ goes to Americans bate checks, this change from the deflated home values and a glut of with no tax liability. House bill is probably one on which we housing, along with insufficient liquid- The percentage of Americans who ac- can agree. But we should understand ity in the capital markets—none of tually pay taxes continues to shrink that fully 42 percent of the rebate ap- which will be fixed by this, or the and our ability to raise revenue by in- proved by the Finance Committee is House-passed, stimulus bill. creasing taxes on ‘‘the wealthy’’ is a classified as ‘‘spending’’ because it The only viable remedy is to focus on losing proposition. would go to individuals with no tax li- policies that encourage sustainable In 2004, 37 percent of all Federal per- ability. economic growth by encouraging work, sonal income taxes were paid by the The Finance bill also seeks to ensure investment, and entrepreneurship. top 1 percent of taxpayers; the bottom that illegal immigrants cannot legally We are scheduled to see across-the- half of taxpayers, by adjusted gross in- obtain tax rebates, something we all board hikes in income tax rates and in- come, pay just 3.3 percent of Federal support. vestment tax rates, as the current personal income taxes. We run the very The Finance package also includes rates automatically expire, reverting real risk of developing a system where- the same business tax breaks as the to the pre-2001 and pre-2003 higher by a majority of Americans do not

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1317 have a stake in limiting the size of our people tax rebates and telling them to a tax increase. That would be the worst Federal Government because they do go shopping will do virtually nothing thing that would happen, and we are not have to pay for it. to grow our economy. headed for that if Congress does not Congress should consider some re- Our economy grows; that is to say, take action to take that from taking search explained in a recent Wall the gross domestic product increases, place, which is automatically built Street Journal column by Art Laffer. when new goods and services are pro- into our tax laws. In 2 years, unless Art Laffer explains that the highest in- duced. A one-time shopping spree is not Congress does something, we will have come earners are the most sensitive to going to encourage business to hire one the largest tax increase in the history tax increases and the most likely to additional employee or invest in one of the country. So we should be sig- plan to avoid tax increases. He found additional machine. Only a permanent naling right now that is not going to that over the last 25 years, as the top reduction in tax rates will do that. happen. income tax rates fell, the share of in- I will share a couple statistics relat- We should also get in line with the come taxes and the dollar-value of ing to the state of our economy now, other countries in the world and reduce taxes paid by the top 1 percent of tax- particularly as it relates to unemploy- our corporate income tax rate which, payers increased dramatically. Over ment. except for Japan, is the highest in the that same period, as income tax rates The current unemployment rate is 4.9 world. That would do something imme- fell for the bottom 75 percent of tax- percent. That is down from 5 percent in diately to help. payers, both the share of Federal in- December. The drop is due to an up- We should also index taxes, such as the capital gains tax, for inflation. For come taxes paid and the dollar amount ward revision of the number of jobs years, investors and Government offi- of income taxes paid fell too. created in December. The preliminary Laffer points out that the temptation estimate is that the number of jobs cials have debated whether the Treas- ury Department has the authority to to cut taxes in the lower brackets—or created in January fell by 17,000, which do this. I believe it does have the au- only retain the current rate structure is the first decline in months. But note thority to do it administratively and for the lower brackets—while raising that a very small increase in December that we ought to do it. But if the ad- taxes for taxpayers in the top brackets job creation was revised upward to ministration doesn’t do it, then the is completely counterproductive. The 82,000 new jobs, and the initial August Congress ought to do it. only tax cuts that seem to result in in- 2007 jobs reading showed a 4,000-job de- The bottom line is there is a variety creased revenues are those that affect cline, but it also was revised substan- of things we could do to actually stim- the wealthiest taxpayers because they tially upward. So the January figure ulate economic growth to provide for have the ability to defer income, invest could also be revised upward. the long-term productivity increases in in tax deferred accounts, invest in tax- The point is unemployment is at a capital expansion and job creation that exempt bonds, and otherwise plan relatively low level in this country, provide that kind of economic growth. around taxes. and it would be a huge mistake for us That is what will solve the problem, Art Laffer closes his article with this to exacerbate the unemployment situa- not a one-time rebate for people who statement: tion by extending unemployment bene- would far rather have a job than a $500 Mark my words: If the Democrats succeed fits, as the Senate Finance Committee check. So while we are focusing on in implementing their plan to tax the rich does. stimulating consumer spending and the and cut taxes on the middle and lower in- In addition, personal consumption is short-term economic fixes, my view is come earners, this country will experience a growing strongly and steadily, as it has it would make far better sense to plan fiscal crisis of serious proportions that will over the last 30 years. It has not fallen last for years and years. . . for the long term and to do those off at all. What has fallen off, and this things which provide for actual sus- While Congress is focusing on stimu- happens during times of economic tainable growth. lating consumer spending and short- weakness, is private investment, which We cannot let this deviation into so- term economic fixes, we must remem- has declined significantly, and that is called Keynesian economics become an ber that it makes far better sense to what should be addressed but is not ad- excuse for massive tax increases and plan for long-term, sustainable eco- dressed, in the so-called stimulus pack- Government spending or tax policies nomic growth. We must not let this de- age. Rather, what is addressed in the geared toward short-term consumer viation into Keynesian economics be- stimulus package is, of course, con- spending. We must not ignore the im- come an excuse for massive increases sumer spending which, in this case, is portance of long-term savings and in- in government spending, tax policies not the solution to the problem. vestment, and we must remember to geared toward short-term consumer At best, proposals for short-term, de- reward hard work with permanently spending; we must not ignore the im- mand-side stimulus will borrow eco- low income tax rates. As George portance of long-term savings and in- nomic growth and consumer spending Melloan recently wrote: vestment and we must remember to re- from the future and will appear to cre- Ironically, even the brilliant John May- ward hard work with permanently low ate a small boost to the economy right nard Keynes disowned Keynesian Economics. income tax rates. now, but they are borrowing it from After meeting with a group of Washington As George Melloan wrote recently: the future. Of course, we are also bor- ‘‘Keynesians’’ in 1944, he said he was the only non-Keynesian in the room. His brainchild Ironically, even the brilliant John May- rowing $150 billion in order to accom- nard Keynes disowned [Keynesian Econom- had been converted from its originally in- plish this result. tended limited application to an all-purpose ics]. After meeting with a group of Wash- My worry is we are doing a disservice ington ‘‘Keynesians’’ in 1944, he said he was economic panacea by politicians, academics, the only non-Keynesian in the room. His to all Americans if we tell them an in- and journalists. brainchild . . . had been converted from its crease in consumer spending is a pan- I hope we will not fall into the same originally intended limited application to an acea to our economic problems. It is trap this year, in 2008, but recognize all-purpose economic panacea by politicians, not. We would be far wiser to recognize there are some significant things we academics, and journalists. our short-term challenge now is de- could do to stimulate the economy to I wish to summarize, in 3 or 4 min- pleted home values, a glut of housing, ensure that the average American fam- utes, what I think is at work here. along with insufficient liquidity in the ily is not burdened with increasing My view, contrary to the President capital markets, and none of this is taxes. The first step in that direction is and to some others in my party, is that fixed by the stimulus bill before us. not to go another $150 billion in debt tax rebate checks and extension of un- The only viable remedy is to focus on by offering people rebate checks and an employment benefits will not boost the policies that encourage sustainable extension of unemployment compensa- economy. Obviously, Americans de- economic growth by encouraging work, tion but, rather, by signaling to them serve to keep more of their hard-earned investment, and entrepreneurship. we are serious about ensuring there dollars, and obviously Washington One of the first things we have to ad- will not be a big tax increase in this should spend less of them, but giving dress is to make sure we do not suffer country.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1318 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 The ACTING PRESIDENT pro tem- ther on the telephone or by e-mail or all the tools consistent with our laws pore. The Senator from Texas. text messages. Last week, we spent an that it needed in order to keep America Mr. CORNYN. Mr. President, when I entire 3 days basically doing nothing safe. It passed by 13 to 2—strong bipar- returned after the Christmas recess, while we tried to get the FISA reau- tisan support. along with all my colleagues, it was thorization bill—the Foreign Intel- The Judiciary Committee then, in with high hopes that we would be able ligence Surveillance Act bill—passed November of 2007, a committee on to work together to solve America’s on a bipartisan basis. Now you would which I sit, unfortunately passed an al- problems in a bipartisan way. There think this is something we ought to be ternative piece of legislation strictly were some promising indications that able to come together on in a bipar- along partisan lines that was designed would indeed be possible when the tisan way. The bill that came out of to be a substitute. In December 2007, Speaker of the House of Representa- the Intelligence Committee passed by a we tried to take up this issue because, tives and the Republican leader in the bipartisan vote of 13 to 2. But then it again, it was going to expire, and we House and the President of the United comes to the floor of the Senate and it saw that our Democratic friends basi- States came together to deal with one becomes locked down in attempts to cally blocked the Intelligence Com- of the emerging crises in our country, block this bipartisan legislation. mittee bill in December of 2007. which is the economic downturn caused There has been the suggestion that On January 23, after we returned by the subprime lending crisis and a we haven’t had enough time to con- from the Christmas holidays and the downturn in the housing markets. sider this legislation. Well, I think it is New Year’s break, we returned to the Unfortunately, we have begun to see worth noting, as this chart does, the Foreign Intelligence Surveillance Act that bipartisan cooperation fraying history of this important legislation. legislation with the knowledge, as I and some downright foot-dragging that You will remember that it was April said, that it was going to expire by causes me a lot of concern. I can’t help of 2007 that the Director of National In- February 1 if we didn’t act. Well, but think if I am concerned, there are telligence suggested we needed signifi- frankly, because of the meltdown here a lot of other people, not only in this cant reforms in our ability to listen in in the Senate and our inability to pass body but across the country, who are to conversations between terrorists basic legislation that is necessary to concerned by the contradiction be- overseas who were determined and keep America safe, because of the tween what Members of Congress some- committed to trying to kill innocent gamesmanship that is going on, we had times say and what actually happens. Americans and our allies. So the Direc- to pass a temporary extension which is Sometimes we can get caught up in the tor of National Intelligence last April now set to expire February 15. Senate rules regarding cloture and how said we need an update in this impor- I don’t understand why it is that the the amendment process works, and tant law to make sure we aren’t deaf to Senate seems to be incapable of getting that is the kind of thing Senators and the threat or blind to the threat in a its business taken care of. When we our staff like and we live with. Frank- way that will endanger American lives. ly, the one thing the American people In May of 2007, there was a signifi- come back with such high hopes that can sense from a hundred miles off is cant decision made by the Foreign In- we are going to see a change in atti- hypocrisy—saying one thing and then telligence Surveillance Court which tude and that we will be working to- doing another. suggested that phone calls between two gether in a bipartisan way to solve the I heard it suggested one time that foreign nationals, circuited through problems that confront our country— the opposite of the definition of the United States, had to get an order whether it is our economy or national progress must be Congress. It sounds to through a lengthy application process security—it seems to last about as long me like something Mark Twain or Will in order to listen in. The Director of as a winter snow on a warm day. It Rogers might say, to say that Congress National Intelligence suggested to us sounds good and looks good 1 day, and is the opposite of progress. But we have that we were missing as much as two- then melts away the next day. We need had two examples of important legisla- thirds of the actionable intelligence to stop squandering these opportuni- tion we should be acting upon in a necessary to listen in to our enemies in ties to work together. We need to get timely way that have been dragged order to detect, deter, and hopefully some work done. down by inexplicable delay, and I think prevent terrorist attacks on our soil Last night, even though the majority it is important that we focus on that. and against our troops in Iraq and Af- leader had previously told us we would We have heard from the Republican ghanistan. not be voting on either Monday or leader this morning regarding his con- In July of 2007, the Director of Na- Tuesday, in light of the big election cerns that the bipartisan stimulus tional Intelligence briefed Congress on vote that was going to occur today, he package, which, as Speaker PELOSI the urgent need to update this law in changed his mind, and it is his preroga- said, needed to be targeted, timely, and light of these gaps. To its credit, the tive to do so, so we had a vote on the temporary, has now gotten bogged Senate did get together on a bipartisan economic stimulus package that the down in an attempt to add additional basis, at least for a while, in August of House passed, and which the Repub- spending on that bill in a way that in- 2007 to pass a 6-month piece of legisla- lican leader said we should take up and vites additional amendments on the tion. Why it was 6 months, I don’t pass in a bipartisan way in order to ex- floor of the Senate. That means further know. It should have been permanent. pedite that legislation. The motion we delay. Add to that a conference com- That legislation was the Protect Amer- voted on last night passed overwhelm- mittee, which will then delay it even ica Act, which would have expired Feb- ingly in support of that House legisla- further, and that means the American ruary 1 but for a 2-week extension that tion by 80 to 4—80 to 4. people, who were expecting rebate was recently agreed to. So the Senate So why it is we can’t, in a similar checks on their taxes, will have to wait can get its act together and do what it fashion, take up that legislation and longer, and the chances that this stim- knows we have to do to protect Amer- pass it without slowing it down by add- ulus will in fact be effective in helping ican lives and to keep our Nation se- ing on a lot of extraneous spending by to avert a recession makes it much less cure. people viewing this as a Christmas tree likely that it will have any impact In October of 2007, the Intelligence on which they want to hang their fa- whatsoever. So delay is costly in terms Committee, as I noted earlier—the vorite ornament as a way to fund their of our chances for having a positive im- committee that is given the responsi- pet projects; Why it is we can’t resist pact on averting this recession. bility of oversight of our intelligence that temptation and expedite passage FISA community and for keeping our intel- of this important legislation is, frank- Another area I want to talk about ligence laws up to date—passed a ly, beyond me. I wish we would take briefly has to do with our national se- strong bipartisan bill supported by the care of the Nation’s business. Unfortu- curity and our ability to listen to al- Director of National Intelligence that nately, the majority leader handed us Qaida terrorists talk to each other ei- would give the intelligence community his alternative legislation last night, a

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1319 70-plus-page bill that is completely dif- So we certainly want to do every- The House’s is good. I like the House ferent both from the Finance Com- thing we can to stop that. One of the stimulus approach, but I think the mittee bill that was passed out of the things that has been done by the Fed- Senate stimulus package is better. Senate and the House bill that has eral Reserve is to cut interest rates in This morning MCCONNELL came to been negotiated between the Speaker the hope that people will be encouraged the floor, the Republican Senate lead- and the White House and the Repub- to borrow money responsibly for pur- er. He was very critical of what the lican leader in the House. chases such as cars and homes and the Senate Finance Committee passed on a I think we ought to be aware of high- like and that those purchases will bipartisan basis. He was critical of pressure tactics, and that was cer- breathe some life into the economy. their measure, which passed with the tainly a high-pressure tactic to try to Then there is the other side of the support of Republican Senators. come up with a brandnew bill that no- ledger when it comes to our economy, He used phrases and terms in describ- body has looked at and insist we pass what we can do in Congress and with ing it that I think are worth looking that bill without an adequate time to the President. What we try to do is to into. Senator MCCONNELL suggested we review it and to see what goodies have give Americans more spending power. were involved in pet projects in this been inserted in this piece of legisla- Right now there is less consumer con- Senate stimulus package. tion that some of us may object to. So fidence. People are worried about bills Well, I have taken a look at it. I am it is my sincere hope we will not con- they have to pay, health insurance curious as to what pet projects he is tinue to squander the opportunities we that has gone up dramatically over the talking about. I find it hard to believe have been presented with to work to- last 7 years, the cost of gasoline which the Republicans feel 21 million seniors gether to pass this economic stimulus many in my home State of Illinois, who will receive a helping hand with package on a bipartisan basis, or this particularly downstate, know very well the Senate Finance Committee are Foreign Intelligence Surveillance Act personally has increased in cost dra- somehow superfluous, not important, reauthorization which has been on the matically. they are pet projects. radar for the Senate since at least We also understand people putting Well, I have to concede that point. April of 2007. There is simply no excuse their kids through college have seen The seniors of America are a pet for not acting on a timely basis to deal tremendous increases in the cost of col- project of mine and most Senators. We with both of these issues. lege education. The increase in the cost know many of them live on fixed in- Mr. President, I yield the floor, and I of food, that sort of thing, has led a suggest the absence of a quorum. comes, struggle from month to month number of people to be worried about to get by, worry about paying their The ACTING PRESIDENT pro tem- whether they should make a big ex- pore. The clerk will call the roll. utility bills and making sure they can penditure. So one of the things we are pay for their prescription drugs. The bill clerk proceeded to call the considering is something to stimulate So giving them a helping hand, as we roll. the economy, an economic stimulus Mr. DURBIN. Mr. President, I ask do in the Senate Finance bill, is a good package, what can we do, how can we unanimous consent that the order for thing. Good for them. Good for our put spending power and confidence the quorum call be rescinded. economy. Senator MCCONNELL was ob- back in the hands of American fami- The ACTING PRESIDENT pro tem- viously very critical of that. He hasn’t lies. pore. Without objection, it is so or- The President met with the Speaker said directly, but I wish he would go on dered. record: Does he or does he not support of the House, NANCY PELOSI, and the Mr. DURBIN. I ask if the Chair would providing an economic rebate check for Republican leader, JOHN BOEHNER, and advise me as to the current status of 21 million Americans, those seniors worked out at least the beginning of morning business. who otherwise would not get a helping that stimulus approach. What they The ACTING PRESIDENT pro tem- hand? suggested was they would send checks pore. The Republicans control 6 min- So when Senator MCCONNELL returns utes 15 seconds, the Democrats control of about $600 to individual taxpayers across America within certain income to the floor, will he sign up for our pet 29 minutes. project to help 21 million Americans or Mr. DURBIN. I ask unanimous con- limits and $1,200 for a family and extra for those with children. is he against it? I am sure the voters of sent that the Republican time be re- Kentucky would love to know. served; that I be allowed to speak in That money would go directly to a Then there is another pet project in morning business on the Democratic lot of people who will spend it because the bill, 250,000, one-quarter of a mil- side. there are folks who are struggling lion disabled veterans, many of them The ACTING PRESIDENT pro tem- month to month, paycheck to pay- just returning from the wars in Iraq pore. Without objection, it is so or- check. That is a good thing to do. It is and Afghanistan. I have met many of dered. a group that has often been overlooked them. I am sure Senator MCCONNELL f recently, that the tax cuts in Wash- ington, under this administration, have has met many of them. To think add- OBSTRUCTIONISM not focused on giving helping hands to ing them to the bill is something that Mr. DURBIN. Mr. President, I was on working families as much as giving a would be negative in the eyes of Sen- the floor earlier this morning when helping hand to those who do not need ator MCCONNELL is hard for me to un- Senator MCCONNELL came and made a it, the wealthiest in our country. derstand. little statement I would like to address So this idea of an economic stimulus, These are men and women who risked at this moment because it seems to me which finally focuses our attention on their lives and came back injured from Senator MCCONNELL said a few things struggling families, is a good thing. the war; many of them had to fight the which bear repeating. The House passed its version in a bipar- bureaucracy of our Government to get He was critical of the bill which we tisan fashion, sent it over to the Sen- the basic care we promised them. In passed in the Senate Finance Com- ate to consider. Senator MAX BAUCUS, the Senate Finance bill, we provide a mittee to try to get the American Chairman of the Finance Committee, helping hand for a quarter of a million economy back on its feet. The economy met with that committee, and worked veterans, which the House bill does is struggling now. We had troubling un- on ways to change it or improve it that not. Is Senator MCCONNELL opposed to employment figures last week. We they think would be helpful. that? know the President said repeatedly we At the end of the day, the proposal by Well, when he comes to the floor and are moving toward a recession. We the Senate Finance Committee, which states whether he is for providing as- know a recession means high unem- passed with a bipartisan vote, three sistance to 21 million seniors, I hope he ployment, business failures, and lost Republicans joining the Democrats in will also state whether he is for pro- opportunities for Americans and Amer- voting for it, is one that I think is a viding a rebate check for a quarter of a ican business. better package, a better approach. million of our veterans.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1320 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 We also have in the Senate bill a licans have refused. They have told us Was it in the last century? No, it has helping hand for those who are on un- they need more time to absorb the page happened here from time to time. In employment. Unfortunately, the econ- and a half that was added to this bill. the time I have been in the Senate, we omy as it goes south has casualties, They need to think this one through. have come perilously close to debate and they include millions of Ameri- They need to study these words. on at least a half dozen occasions. We cans. We know those people who have Well, it has been about 12 or 15 hours can do that again. It would be a great lost a job are looking for another one, now that they have had to read this return to Senate tradition. But it scrape by with an unemployment page and a half. I know they are up to won’t happen if the Republicans con- check. And sometimes, even within the it. I know they can do this. I know tinue to filibuster, continue to ob- 26 weeks of unemployment, they can- they can read that and understand it, struct, and continue to refuse to let us not find a job they are looking for. So even without the help of a Democrat. debate the important issues of our we suggested extending that for an- When they do, maybe they will come time. other 13 weeks. That is not a radical to the floor, change their mind, and Why wouldn’t we want to debate idea. It is a traditional way of helping allow us to finally debate this bill. You today the Foreign Intelligence Surveil- people in a poor economy. It has been see this is an empty Chamber. Sadly, it lance Act? The President has told us done over and over under Democrats will be largely empty most of the day over and over again it is critical. We and Republicans. We include that in because the Republicans want to kill need it. It is timely. We have to move the Senate bill. this day in the Senate. They do not on it. Yet when we want to call it on So the obvious question for Senator want us to make any progress on the the floor, Senate Republicans refuse. MCCONNELL and the Republicans, when economic stimulus bill, nor on another They oppose us. he comes to the floor to tell us where important bill which is pending. The day is not over. Senator REID he stands on helping seniors and help- Senator REID, our Democratic major- will be on the floor a little later in an ing disabled veterans, is does he think ity leader, came to the floor yesterday attempt to finally try to get us back to unemployed people in Kentucky, for and begged them again: Let us return business. It is long overdue. example, need a helping hand? If he and do some real business today. They f says no, then it is a matter of record. said: No. Today, the Senate will stand PRESIDENT’S BUDGET PROPOSAL If he says it is a pet product, a project around, it will not roll up its sleeves we should vote against, then it will be and do anything. We will not consider Mr. DURBIN. Mr. President, the on the record. I did not hear that this the Indian health reform bill Senator President’s budget is often described as morning. I was listening for it. DORGAN of North Dakota has been ‘‘dead on arrival.’’ In fairness to this Then there is this whole thing about working on, long overdue, 6 or 7 years. President and others, we should look at the mystery and challenge of this bill. Some of the poorest people in America it in a different way. This is the Presi- Senator MCCONNELL and Senator KYL have not received the kind of health dent’s proposal for the budget for the are learned men. I have served with care which we would all like to have next fiscal year. It is a fiscal year for them in the Senate. I respect them for our families. Senator DORGAN is which this President will not be here. very much. I know they have a great trying to do something about it. They The year begins on October 1. He will capacity for understanding complex will not give him the time to finish the end his term in office January 20. So issues. But they have said the trouble bill. This is a perfect day to do it. The most of this budget will affect the next with this bill is they cannot seem to Republicans will not give him an op- administration, the next President. get their arms around it. It is, oh, so portunity to do it. This is pure speculation on his part hard for them to understand the new Then there is another bill which has about where America should be in the provision in the bill. The new provision energy and water projects which have next year as the President leaves of- in the bill is less than a page and a half been needed all around our country. fice. in length. The new provision in the bill They have been held up by the objec- The folks at the Office of Manage- can be described quite simply as about tion of the Republican side. We have ment and Budget must have worked up $1 billion to a program called LIHEAP. asked to return to them. Again, they to the last minute, because when they LIHEAP is the Low-Income Home have refused. We could do that today. posted the President’s proposed budget Energy Assistance Program. It is a pro- Then, of course, the economic stim- on line yesterday, two of the first 15 gram which provides help to Arizona, ulus package, which Senator MCCON- words were misspelled. Far worse than primarily in the summer months but to NELL spoke of and then left the floor. I misspellings, however, many of the pri- Kentucky in the cold winter months, wish he would return. Let’s have a real orities in the President’s budget are so poor people, elderly, and others will debate on it. Let’s find out where he misplaced. The President has proposed have a helping hand to pay their heat- stands on helping seniors, disabled vet- the first $3 trillion budget in American ing bills. erans, and others. history; $3 trillion. Yet with all that Senator BERNIE SANDERS of Vermont Then, of course, there is the Foreign money, the President, with his prior- has been a big leader on this issue. It Intelligence Surveillance Act. That is a ities, continues to cut education and has always been a bipartisan program. bill we have been working on literally health care, energy conservation and So I have to ask Senator MCCONNELL for weeks. We sat around for 3 days last independence, affordable housing, vet- and the Republican leadership: Is this week trying to come to some agree- erans programs, and many national another one of those pet projects you ment about what would be in that bill, priorities. Seven years ago, President cannot stand, something you think we and we finally reached agreement. Bush came to town as one of the should ignore when we talk about get- Now we are ready to go. Several luckiest Presidents in modern history. ting this economy on its feet? I think amendments have been debated and are As some might say, using an analogy it is a matter that these Senators need near a vote. We have several more. from Ann Richards in a speech she once to consider personally. Do they want to Let’s get going. Let’s earn our pay gave to a Democratic convention, go home to Kentucky, for example, and around here instead of killing time and President Bush started his administra- tell those low-income individuals, making speeches. We could actually tion, in economic terms, on second struggling to pay their heating bills, consider debate. The Senate used to base. Things had been done to improve that is a pet project we cannot afford have that. It is a great Senate tradi- America’s economy and its budget, and at this point? I hope not. But at least tion. Senators with opposing views they were given to this President to let them be on the record by the end of would come to the floor and respect- continue. the day. fully disagree and argue their point of President Bush inherited the largest The interesting thing is we could be view and ask for a rollcall. I know budget surplus in America’s history. In having a real full-scale debate on the some people who follow C–SPAN are his first budget address in 2001, he economic stimulus bill, but the Repub- wondering, when did that last occur? promised to use that surplus to fund

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1321 our priorities, strengthen our economy, egories, many of whom have lost their provide men and women in uniform so and even pay down the national debt. jobs. He wants to cut other parts of they are there when we need them. He said after all that was done, he America’s health care safety net. His This year he slashes funding for State would have enough money left over for budget singles out health care for the and local law enforcement assistance, tax cuts. Today, 7 years later, after heaviest cuts while continuing to pro- such as the COPS Program and the President Bush and Vice President vide large overpayments to many pri- Byrne grants. CHENEY have been in the White House vate insurance companies. On energy and global warming, the working with a Congress largely under In Illinois, more than 1.5 million peo- President’s budget is, unfortunately, Republican control, America’s econ- ple depend on Medicare, more than 2 unresponsive to the real national and omy is in trouble. Federal spending million depend on Medicaid. Under the global emergency we face. Record high during their term has increased 53 per- President’s budget, Illinois would re- oil prices are harming the economy, cent. Our deficit is expected to hit $410 ceive $123 million less in Federal Med- record emissions and pollution threat- billion this year, $407 billion next year. icaid funds. Stroger Hospital in the ening our globe and its climate. We Instead of paying down the national city of Chicago is a public hospital of ought to be investing aggressively in debt, this President, who inherited a which I think very highly. They have a developing renewable energy options. surplus, has piled record amounts of very competent medical staff. They Instead, the President’s budget pro- new debt for America and for genera- treat the poorest of the poor, not just poses a 7-percent reduction in solar en- tions to come. Under George Bush the in Chicago and Cook County but for ergy research, a 27-percent reduction in national debt has increased by more many surrounding counties. Over half energy efficiency programs, and a 79- than $3 trillion. We are going around the people who come to that hospital percent cut in weatherization programs the country, hat in hand, borrowing have no way to pay for their care. At to help families trying to keep their and begging from China, the Middle Holy Cross Hospital in Marquette homes warm and cool. The President’s East oil states, Korea, Japan, about Park, 25 percent of those who are treat- budget cuts LIHEAP by 22 percent. As any other country that will pay our ed cannot pay for anything. Yet the a result, 15,000 Illinois families would bills, because this President has been President says we should cut the Fed- lose assistance. unable to. Now the President is de- eral Government’s reimbursement to It also proposes to eliminate what manding, nevertheless, that his tax cut these hospitals? It doesn’t make sense. was once the centerpiece of coal energy ideas become permanent law. We know what is going to happen. research in America, the FutureGen How much would President Bush’s There will be an awful lot of Americans plant in Mattoon, IL. This is one near tax cuts for wealthy people cost us if who will have no place to turn and and dear to my heart. For 5 years, I they were made permanent? Mr. Presi- won’t have the professional medical worked with a bipartisan delegation— dent, $4.3 trillion over the next 10 care which we all want for our families. Congressman TIM JOHNSON, Republican years, tax cuts primarily for people When will this administration under- of Illinois, Senator OBAMA, and oth- who weren’t even asking for them. stand that Medicare is there to help ers—to win this plant for our State. That is not all. While the President our seniors, not to line the pockets of Governor Blagojevich, local officials, claims to oppose tax increases, he is corporations? The President should everybody pitched in. We were an- about to impose one of the largest tax fund Medicare. nounced to be the winners in the mid- increases in America’s history on more In his State of the Union Address, the dle of December. Last week the Sec- than 25 million working middle-class President also called on Congress to re- retary of Energy pulled the plug and families. He refuses to patch and re- authorize No Child Left Behind. Yet said: We are not going to fund this form the alternative minimum tax be- once again, this President has under- project. How can this President walk yond next year. That is a $119 billion funded his own law. The Department of away from a zero-emission coal energy tax increase in 2010 alone. Education estimates the President’s plant that has been something he has The President continues to argue budget will provide $588 million in title bragged about for so many years? that we need to stay in Iraq and Af- I funding in Illinois. That is just over The subprime mortgage crisis has ghanistan. His budget, nevertheless, half the amount promised under No plunged America into our worst hous- cuts off funding for the troops after the Child Left Behind. As a result, 120,000 ing crisis, some experts say, since the spring of next year. What is that all Illinois children will be left without Great Depression. about? The President says we have to full title I services. It is one thing to Two million families are likely to stay the course. Senator JOHN MCCAIN ask kids to take tests to figure out lose their homes to foreclosure over said it could last as long as 100 years. whether they are making progress or the next 2 years. There is a dramatic President Bush in his budget cuts off falling behind. But once they need a need for affordable housing all across spending for the wars in Iraq and Af- helping hand, how can this President America, from big cities to small rural ghanistan in the spring of next year. repeatedly refuse to come up with Fed- communities. He hasn’t told us that the war is going eral funds to fund the very mandates Yet the President wants to slash or to end then. I certainly hope it does. he has created? The President also si- even eliminate programs that help But he better get his story straight. phons away $300 million from public rural communities build affordable With the economy failing and time schools to pay for vouchers for private housing and help families own their running out on this Presidency, one and religious schools. Those vouchers own homes, like the multi-family hous- might think the President would come at the expense of 48 programs, in- ing direct loans, self-help housing change his approach and accept new cluding a lot of essential programs for grants and single family housing direct ideas. Unfortunately, he is stuck in the students such as Perkins loans that loans. same old program and the same old help students go to college. I am not The President also wants to elimi- message. Nine million more Americans opposed to private and religious nate the HOPE IV program, which are uninsured today than when Presi- schools. I am a product of religious helps cities restore public housing, and dent Bush took office. Half of those 9 school education. They have a valuable the section 108 loan program, which million Americans lost their health in- place in our society. But the first obli- helps families rehab their homes. surance in the last 2 years. It is getting gation of the Government is to the The President’s budget cuts commu- worse and at a pace most American public education system. The Presi- nity development block grants by $650 families can’t keep up with. What does dent, unfortunately, is not going to million. Illinois would lose $40 million the President say about that? He wants meet that obligation. for police officers, improved street to cut the Medicare Program, a pro- When it comes to homeland security, lighting and sewer lines, upgrading low gram for the elderly and the disabled. again the President refuses to put income housing, reconstructing prob- In Medicaid, he wants to make cuts, a money in the COPS Program, the sin- lem roadways and operating substance program for those in lower income cat- gle most practical and effective way to abuse programs and homeless shelters.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1322 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 Amtrak is vitally important to Illi- Finally, in foreign affairs, the Presi- rects that error. It would ensure that nois and all of America. Unfortunately, dent’s budget cuts the U.S. contribu- the folks who were injured in the cause the President and his administration tion to the global fund to fight AIDS, of defending our freedom are able to are once again attempting to privatize tuberculosis, and malaria by $341 mil- get something back. and eventually eliminate Amtrak rail lion—funds that could provide life- I assure my colleagues that these service. saving AIDS drugs for 37,500 more peo- veterans feel the pinch of higher gas The President’s budget cuts the Air- ple, treat more than 272,000 people for prices, heating costs, and everything port Improvement Program funding by TB, and provide more than 2.1 million else in between, just as much as any $764 million. bed nets to prevent for malaria. other household struggling on a fixed Illinois would lose $25 million, As the world’s wealthiest and most income. The difference is that these threatening a critical source of funding powerful Nation, our actions encourage folks have worn the colors of our coun- for new runway construction at O’Hare, other donor nations to step up and de- try. They have defended this country. and improvements at airports such as vote additional resources to fight the The way we treat those who have Waukegan, Marion, Peoria, Springfield global AIDS pandemic. Keeping our fought for our freedom and our Nation and many other Illinois airports. commitments to the global AIDS fight says a great deal about our society be- Once again the President has refused can help to restore goodwill for Amer- cause when it comes to veterans, we to include funding for the wars in Iraq ica in Africa and around the world. are not talking about a handout, we and Afghanistan in his budget. After 6 Someone at the White House cor- are talking about a country honoring years of fighting, this administration rected those misspelled words in the our promise we have made to our serv- continues to skirt the rules and avoid first draft of the President’s budget. It ice men and women. accountability and openness. is up to Congress to replace the mis- I wish to take a minute to read a let- Continuing to fund the war through placed priorities in the President’s plan ter I received recently from Warren supplemental funding is one way the and agree on a budget plan that meets Matte, a veteran from Harlem, MT. administration tries to mask the full the needs of America’s families and Here is what he says: cost of these wars. Another way is by businesses and communities and puts For those of us who are combat veterans underfunding veterans health and our economy back on the right track. and poor people, we are now and have been in other services our veterans have earned I yield the floor. a recession for a good numbers of years. We and need. (Mr. DURBIN assumed the Chair.) are on the bottom rung of the ladder, and it The President is requesting $41.2 bil- The PRESIDING OFFICER. The Sen- looks like we will always be there. Some of lion for the VA health care system— ator from Montana. us are surviving on VA benefits and Social Mr. TESTER. Mr. President, I ask Security. The long distances we have to $1.6 billion below the independent travel here in Montana and the high cost of budget’s recommendation. unanimous consent that the time I living is keeping us in poverty. There are His budget shortfalls mean that there consume apply against the Republican 500,000 homeless veterans in this great Na- will likely be little relief for Illinois’s time. tion and no one cares. We put our lives on nearly 70,000 veterans, who must still The PRESIDING OFFICER. Without the line so everyone can be free and live the wait for an average of nearly 5 months objection, it is so ordered. good life, and no one cares what happens to to have their disability claims proc- f us and our families. When our combat veterans are using essed. DISABLED VETERANS More than 76,000 farm families in Illi- phrases such as ‘‘the bottom rung of nois produce crops and livestock that Mr. TESTER. Mr. President, this the ladder,’’ I think we can do better feed families all over the world. week the Senate will hopefully begin than that. When disabled veterans Agriculture research is vitally im- debate on an economic stimulus pack- worry that ‘‘no one cares,’’ we must do portant to Illinois farm families and to age. Front and center in the debate better than that. our national economy. The President’s will be how we balance the need to get This Finance Committee bill is a step budget would cut agriculture research our economy going while once again in the right direction. So I urge my by $330 million, which could jeopardize addressing issues that revolve around colleagues, no matter what else you promising research at the ARS lab in the national debt. I hope there is one may think of the stimulus package, do Peoria and the University of Illinois thing this body will agree on unani- not forget about the Warren Mattes of extension services. mously, that we must not forget Amer- the world. Do not forget about our dis- In addition, the President proposes ica’s disabled veterans in the debate. abled veterans. sharp cuts in rural broadband pro- Earlier today I heard Members on the I have been in this body for a little grams, rural housing, and rural busi- floor talk about pet projects. Veterans over 1 year. I can tell my colleagues ness development. issues are an important project to me, that from my perspective, the Senate In Illinois, which receives the second- and I will not forget about disabled is an easy place to stop things. If you highest total of USDA rural develop- vets as we move forward with this eco- choose, you can stop any piece of legis- ment assistance in the Nation, the nomic stimulus package. lation from moving forward. President’s cuts would all but elimi- There are about 2.8 million vets who I think the House stimulus package nate popular grant programs that sup- receive some form of disability through is a good stimulus package, but it can port innovative rural businesses, com- the VA. The good news is that most of be made a whole lot better, and we munity facilities, and broadband net- these folks hold down other employ- need to make it a whole lot better. For works. ment and would get a tax rebate the 250,000 disabled vets, for the 2.5 mil- President Bush is proposing the larg- through the House’s economic stimulus lion seniors, for those folks who need est cut to the Corporation for Public bill. But for another 250,000 disabled unemployment benefits, for those folks Broadcasting in its 40-year history—a vets who have no other income other who need assistance with their heating 56-percent reduction in funding. than their veterans disability benefit bills, we need to make it better. America’s 1,100 public radio and TV and maybe a Social Security disability I am not sure this economic stimulus stations are an indispensible source of check, they would get absolutely noth- bill will get us out of the economic education, information for enrichment. ing from the House bill, not one red stresses we feel right now in this coun- The President’s cuts would cripple cent. try, but I can tell my colleagues one them. Let me say that again: The bill pro- thing: If we don’t address the issues Illinois’s 30 public radio stations posed by the House and by President that revolve around the people I just would lose at least $6.5 million in total Bush would not give a quarter of a mil- talked about—the disabled vets, the support and lose all of their digital lion disabled veterans one nickel. That seniors, the folks who need help with transition funding and culture for is simply wrong. their heating, the folks who need un- sources, civic education, and special Under the leadership of Senator BAU- employment benefits—we are making a local content to communities. CUS, the Senate Finance package cor- huge mistake.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1323 We ought not to be stopping with this 2007 return, except for some people, and omy. To suggest, as has been done here bill. We ought to be making it better in that is a very small minority. So let’s on the floor, that extending unemploy- the Senate and passing it on for the not confuse or concern the American ment benefits will make unemploy- President to sign it. We ought to be people with claims that aren’t based on ment worse? We have people who are stamping it with our approval. facts. Perhaps the Republicans don’t no longer counted as being unemployed Mr. President, I yield the floor. understand the timeframe of the stim- because they have been off the rolls so f ulus package. If they do, it should be long. The House bill doesn’t take care clarified. of unemployment benefits. Economists CONCLUSION OF MORNING Now, what are some of the other tell us that it is the single most effec- BUSINESS things we have heard from our Repub- tive way to stimulate the economy. The PRESIDING OFFICER. The lican colleagues? One suggested that The Finance Committee package is Chair announces that morning business we ought not to do anything to stimu- business-friendly. It gives small busi- is now closed. late the economy. I talked about that. nesses greater ability to immediately He said we shouldn’t provide any help write off purchases of machinery or f at all to the millions of Americans equipment. It helps larger businesses RECOGNITION OF THE MAJORITY struggling to pay their bills and feed with ‘‘bonus’’ depreciation or an ex- LEADER their families. Republican Senators tended carryback period for past losses to recoup cash for future investments. The PRESIDING OFFICER. The have suggested that sending stimulus checks to 21.5 million seniors on fixed It gives them a tax break, and they Chair recognizes the majority leader. will spend it. Mr. REID. Mr. President, I suggest incomes is a pet project, a Christmas tree ornament; that providing assist- Realtors are in town. They come the absence of a quorum. every year. Homebuilders don’t come The PRESIDING OFFICER. The ance to help struggling Americans pay their heating bills through the Low In- usually this time of year, but they are clerk will call the roll. here now because this provision is so The bill clerk proceeded to call the come Home Energy Assistance Pro- gram is a pet project or a Christmas special to them. roll. Without exaggeration, the States of tree ornament. I believe many Repub- Mr. REID. Mr. President, I ask unan- California, Florida, Nevada, and Michi- licans—Republicans—could not dis- imous consent that the order for the gan are in big trouble. Other States are agree more strongly with those state- quorum call be rescinded. in trouble also because of their housing ments. The ACTING PRESIDENT pro tem- crisis. The Finance Committee package The stimulus package sent to us by pore. Without objection, it is so or- addresses the housing crisis in a num- the House of Representatives last dered. ber of ways, but one is including mort- week, as we have said from the very be- gage revenue bonds to be used by the f ginning, is a good start. I was part of a States to refinance subprime mort- program to suggest the House should ECONOMIC STIMULUS gages. That is very important. That is go first. There was some talk that we why the homebuilders are here en Mr. REID. Mr. President, yesterday should try to get the two bodies to- and again this morning we heard some masse today. gether and do that. The way the Senate The Finance Committee package in- remarkable statements from our Re- works, it would have taken too much publican colleagues that matters with- cludes an extension of energy effi- time. Their rules are different from ciency and renewable energy incentives in the stimulus package are pet ours. So I said to go ahead and do it, projects. Later, after that statement to create jobs, expand the clean energy and when they completed it, I gave industry, save consumers money on was made, we had another Senator them all the applause I could. I come and say that they were Christmas their energy bills, and help begin to thought it was an important thing that stem the tide of global warming. tree ornaments. Then we had another they did that. But our job is to take Republican come this morning and say I will also offer an amendment that the bill from the House and make it we can and should all support. First, the stimulus package is certainly not stronger. the House-passed bill’s language on needed. One of the Senators said unem- The Republican leader and others housing will be included in this pack- ployment benefits are totally unneces- have said this morning that working age that we will vote on. I don’t know sary and that all it will do is increase on bipartisan improvements is ‘‘play- who could object to that. unemployment. I am not making this ing politics.’’ I believe it is our con- This amendment will increase the up. This is what they said. stitutional obligation. It is how the conforming loan limits for Fannie Mae Now, we heard the distinguished mi- Founding Fathers envisioned this and Freddie Mac, as well as the loan nority leader, Senator MCCONNELL, country working. It is how they envi- limits for FHA-backed mortgages, come to the floor with a statement sioned the legislative branch working. which will allow more homeowners to that is simply untrue. He said: But soon, Senators will have a refinance and will reduce mortgage in- If Americans are wondering why their chance to vote on the Senate Finance terest rates in virtually every part of checks aren’t in the mail, they can find it in Committee’s bipartisan plan. It will ei- the country. last week’s news clips. ther be tomorrow, or it will be Thurs- Second, there is money to help low- Everyone knows—if they don’t, they day. Based on the House plan, it makes income Americans heat their homes, should know—that no matter how the several improvements, the Baucus- through the Low-Income Home Energy debate turns out, no one’s check is Grassley package. Assistance Program, known as going to be held up. Any stimulus The Finance Committee package LIHEAP. This is important because it plan—whether it is the House version sends stimulus checks to roughly 21.5 allows people to not have to choose be- standing alone as it now exists or the million senior citizens who would get tween food, medicine or heat. So let’s— Senate Finance Committee version, nothing at all from the House bill. Give while we are talking about heat—leave which I favor strongly, or a combina- them the money, and they will spend the overheated rhetoric aside and work tion of the two—would calculate rebate it. on passing this legislation. This is im- checks on the 2007 income tax returns. The Finance Committee package portant. We should do this. That is basically the only way you can sends checks to 250,000 disabled vet- Mr. President, I ask unanimous con- do it. Taxes are not due until April 15. erans who were left out of the House sent that the vote on the motion to in- That is the way it always is. That is plan. Give them the money, and they voke cloture on the amendment to H.R. more than 2 months from today. So ev- will spend it. 5140, which I have described, which con- eryone should know that the checks The Finance Committee package ex- tains the Finance Committee language aren’t in the mail tomorrow. The only tends unemployment benefits for those on LIHEAP funding, occur on Wednes- way it can be done is based upon the who have lost their jobs in the econ- day, February 6 at 3 p.m., with the

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1324 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 hour prior to that time equally divided Mr. REID. Mr. President, I move that The PRESIDING OFFICER. A and controlled between the two leaders the Sergeant-at-Arms be instructed to quorum is present. or their designees. request the attendance of absent Sen- The majority leader is recognized. The PRESIDING OFFICER (Mr. ators, and I ask for the yeas and nays. f CASEY). Is there objection? The PRESIDING OFFICER. Is there a UNANIMOUS-CONSENT REQUEST— Mr. MCCONNELL. Mr. President, re- sufficient second? S. 2248 serving the right to object, it has never There is a sufficient second. been our desire to delay consideration The yeas and nays were ordered. Mr. REID. Mr. President, one of the of the House-passed stimulus package. The PRESIDING OFFICER. The things I have the ability to do is to try The other side has made it clear they question is on agreeing to the motion to move the process forward, and that will have some package of changes. of the majority leader. The yeas and is what this vote was all about. Mem- Those changes were discussed last nays have been ordered, and the clerk bers came, we have had some conversa- week and, evidently, there was a deci- will call the roll. tions, and hopefully it will help move sion to put a different package to- The legislative clerk called the roll. the process forward. gether. As I mentioned earlier this Mr. DURBIN. I announce that the We are going to file cloture sometime morning, we got that package last Senator from Indiana (Mr. BAYH), the today on the Senate stimulus package. night. It was, apparently, a work in Senator from Delaware (Mr. BIDEN), That is the one reported out of the progress. the Senator from New York (Mrs. CLIN- committee, as we have talked about What I am going to do is ask the TON), the Senator from Hawaii (Mr. the last 24 hours. So we will have a leader to modify his request. I know INOUYE), the Senator from Massachu- vote on that. Unless there is an agree- the senior Senator from Illinois said setts (Mr. KENNEDY), the Senator from ment reached beforehand, we will have earlier today—or suggested that maybe Massachusetts (Mr. KERRY), the Sen- a vote on that an hour after we come to people on this side don’t support sen- ator from Connecticut (Mr. work on Thursday. That will be on the iors or disabled veterans. So I will offer LIEBERMAN), the Senator from Illinois Senate stimulus package as we have a request of the majority leader to (Mr. OBAMA), and the Senator from brought it here to the floor. Of course, modify his request so we do not have New York (Mr. SCHUMER) are nec- with consent, we could have it tomor- further delay. essarily absent. row. I would rather do it tomorrow so Therefore, I ask unanimous consent we can do some other things on Thurs- that the majority leader’s unanimous Mr. KYL. The following Senators are necessarily absent: the Senator from day, but it is up to the minority as to consent request be modified so that we what we do. proceed to the bill today—not tomor- Kansas (Mr. BROWNBACK), the Senator from North Carolina (Mr. BURR), the I hope we all understand that the row or Thursday but today—and that vote we just had was, as I have said be- we have a cloture vote today on the Senator from New Mexico (Mr. DOMEN- ICI), the Senator from South Carolina fore, an effort to try to move the proc- amendment we received last night—the ess forward, a wake-up call, especially one to which the leader’s request re- (Mr. GRAHAM), the Senator from Ari- zona (Mr. MCCAIN), and the Senator for my Republican colleagues, that we fers; further, if cloture is not invoked, need to now start legislating. There is that we proceed immediately to a vote from Mississippi (Mr. WICKER). no reason in the world we should not on the Republican amendment that we The PRESIDING OFFICER. Are there finish FISA soon—work today on FISA. will file at the desk; finally, that the any other Senators in the Chamber de- We have other amendments Senators Senate then proceed to a vote on pas- siring to vote? want to offer. We have 6 hours dealing sage of the House bill, as amended, if The result was announced—yeas 73, with title II alone—one by Senators amended. nays 12, as follows: DODD and FEINSTEIN on immunity; we Mr. REID. Mr. President, reserving [Rollcall Vote No. 6 Leg.] have the Whitehouse-Specter dealing the right to object. I hope everyone YEAS—73 within the sound of my voice under- with substitution; and we have one Akaka Feingold Nelson (NE) with FEINSTEIN dealing with exclu- stands how unfair and senseless the re- Barrasso Feinstein Pryor quest is by my friend. We had discus- Baucus Gregg Reed sivity. Two hours on each one of those, Bingaman Hagel Reid the time equally divided, is 6 hours. sions on the floor yesterday. The mi- Boxer Harkin nority whip recognized that Senator Roberts There is no reason we shouldn’t do that Brown Hatch Rockefeller MCCAIN, Senator OBAMA, and Senator Bunning Hutchison debate today. I want to vote on the Salazar four amendments already pending on CLINTON are not going to be here today. Byrd Isakson Sanders Cantwell Johnson Sessions FISA. We have those three I talked It has been very clear that I told them Cardin Klobuchar Shelby about and then, after that, there are I needed an evening to get them here. Carper Kohl Casey Landrieu Smith four more with very limited time. If I tell them they have to be here to- Snowe morrow, they will be here tomorrow. Chambliss Lautenberg I think it is a little unusual here that Cochran Leahy Stabenow we have an insistence we move forward Everybody knows this request by my Coleman Levin Stevens friend is without foundation. Collins Lincoln Sununu and work on the stimulus package, yet The Republicans—all 49 of them—are Conrad Lugar Tester we have had trouble doing that; and going to have to vote on the Senate Corker Martinez Thune then we have been told, the latest on Crapo McCaskill Vitter last Saturday, the President is talking stimulus package. They have to vote DeMint McConnell Voinovich on that. Therefore, I object. Dodd Menendez Warner about how important it is to do the QUORUM CALL Dole Mikulski Webb stimulus package, and also he has Mr. REID. Mr. President, I suggest Dorgan Murkowski Whitehouse talked incessantly about the need to Durbin Murray Wyden the absence of a quorum. Enzi Nelson (FL) complete FISA, but the Republicans The PRESIDING OFFICER. The have blocked our efforts to do that. NAYS—12 clerk will call the roll. I don’t want to always have to stand The bill clerk proceeded to call the Alexander Coburn Grassley here and talk about unpleasant things, Allard Cornyn Inhofe roll, and the following Senators en- Bennett Craig Kyl such as obstructionism and filibusters, tered the Chamber and answered to Bond Ensign Specter but sometimes that is all there is to talk about. It is clear to me that once their names. NOT VOTING—15 [Quorum No. 1 Leg.] again the Republican minority seems Bayh Domenici Lieberman Carper Isakson Reid, Nevada Biden Graham McCain to be more committed to obstruction Casey Kyl Tester Brownback Inouye Obama than what it takes to make America Durbin McConnell Burr Kennedy Schumer stronger. We remain committed to giv- The PRESIDING OFFICER. A Clinton Kerry Wicker ing our intelligence professionals the quorum is not present. The motion was agreed to. tools they need to make America more

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1325 secure. With Republican cooperation, ian talk from the other side. They be treated? We say: OK, you are not we can start doing that today. Today. want to stall the FISA legislation as going to let us vote; let us at least Mr. President, I ask unanimous con- long as they can—and they have done a offer amendments and use up some of sent that the Senate now resume the pretty good job—because they want that time. Nope, we can’t do that. Can FISA legislation and debate all re- this legislation to be completed at the we set a time to vote on the stimulus maining amendments in order; that last minute to give the House and Sen- package? No. Are we going to have to any votes in relation to these amend- ate conferees little time to work. use all that time postcloture? Yes, be- ments occur at a time to be determined The RECORD should reflect how hard cause we have to read the amendment. by me, after consulting with the Re- we have tried to pass the FISA legisla- The package from the Senate Fi- publican leader; that all time con- tion law, and the RECORD should reflect nance Committee passed out of that sumed during this debate count there is going to come a time when the committee a long time ago. We did add postcloture to this matter we are on FISA legislation will run out and the something to that. It is a page and a now dealing with the House stimulus President will be saying things, as he half long. Certainly 24 hours should be package. has for 7 years, to scare the American enough to read that one page or that The PRESIDING OFFICER. Is there people—the Democrats don’t care; they page and a half. But I understand, we objection? do not care. Well, Mr. President, we all understand, and the American peo- Mr. MCCONNELL. Mr. President, re- care every bit as much as any Repub- ple understand that we are living in serving the right to object, I think it is lican about protecting the American the Senate in the realm of ‘‘1984.’’ perfectly apparent to everyone who is people. We believe there is a need in When my friend from Kentucky comes observing this process that these two this modern world for eavesdropping on here and says we want to move for- issues are interconnected in terms of certain conversations, but we have the ward, all we want to do is be treated how we fairly go forward, and I think old-fashioned idea that it should be fairly, remember what George Orwell the point has been well made by the 49 done in keeping with our Constitution. said. It is the direct opposite of what Republican Senators over the last year That is what this debate is all about. he said. What he is saying, in ‘‘1984’’ or so that our rights are going to be re- I repeat for the third time here in the language, is we are stalling this as long spected; that we are going to move for- last few minutes that the RECORD as we can. And as long as we can is ward on bipartisan bills, such as both should reflect we have been willing to probably going to run out sometime to- of these, in a way that is respectful to legislate on FISA for some time now morrow or Thursday. both sides, and as soon as we have an and we have been stymied every time. The PRESIDING OFFICER. The Re- understanding about how we are going We need to go back no further than publican leader. Mr. MCCONNELL. Mr. President, it is to go forward on the stimulus package, yesterday. Yesterday we wanted to a little like deja vu all over again, then we will be able to make progress have amendments offered. And I appre- which I suppose was said by Yogi on this bill. I am optimistic we are ciated very much Senator WHITEHOUSE, Berra. This is the same discussion we going to be able to do both. Senator FEINGOLD, and Senator CARDIN have had for the last couple of days. Ironically, I share the goal of the ma- coming and offering amendments. We Setting aside all of the finger point- jority leader, which is to finish both should have voted on those last night. ing and the parliamentary nuances, these issues this week. You would But, no, the Republicans wouldn’t let what we know for sure is that we have think that was not the case for all the us. Can we vote on them this morning? a Foreign Intelligence Surveillance Act sparring and finger-pointing that has No. measure that came out of the Intel- gone on the past few days, but I have Well, if they are not going to let us ligence Committee with a vote of 13 to the same goal he does, to finish FISA vote on the amendments, can we at 2—the Rockefeller-Bond bill—which and the stimulus package. Both of least use up some of the time for de- the President will sign. Certainly it is them, at the end of the day, are going bate on amendments that are going to not within the realm of possibility that to pass on a strong bipartisan basis. be offered by other Democratic Sen- Members of my party don’t want to fin- But the process for dealing with them ators, and we have one bipartisan ish this bill soon. It is supported by a is not irrelevant, and that is what we amendment that will be offered by Sen- Republican President, Republican Sen- have been discussing off and on for the ators WHITEHOUSE and SPECTER? Nope, ators, and we tried to get votes on it past couple days. Hopefully, we will can’t do that. We can do two things at Tuesday, Wednesday, and Thursday of make some progress and be able to get one time, we can do one thing at one last week, to no avail. In fact, the last going on FISA later today. time, is all I am asking we do. vote we had last week was on Monday For the moment, I object. It is very clear that the stall we had afternoon, and then for 3 days it was The PRESIDING OFFICER. Objec- all last year is now in place again and sparring over that. I don’t think any- tion is heard. we are going to be prevented from body seriously believes the Republican The majority leader. doing the work today. We are not going minority does not want the FISA bill Mr. REID. Mr. President, ‘‘1984’’ was to be able to vote or offer amendments. to pass. a book written by George Orwell. He We are going to stand here and look at With regard to the stimulus package, wrote the book many years before 1984, each other until shortly before mid- we have not been given procedural as- but he was trying to look into the fu- night tonight when I will offer to file surances. The majority leader is in a ture and talk about what he thought the cloture motion. I can file it at any position to deny the minority the op- America would be like in 1984. It was a time. I don’t have to wait until just be- portunity to offer anything, to fill up very interesting, compelling book, a fore midnight. But that is when the the tree and file cloture, and we have best seller, and it made George Orwell time runs out. And we will have the been given no assurances that we will a famous man for all generations of vote Thursday, unless we work some- be able to offer an alternative. It time. But the one thing you got out of thing out. But it is a shame, a shame strikes me that the majority is in the reading that book is that there would for the Senate and for the American absurd position of having argued the come a time when people said one people, to waste all this time. It is House bill is inferior. If the Finance thing, and while they were saying it, time wasted. Committee bill, plus additions, was not they meant something else. That is Last year, as I indicated—and other successful, why would it not be appro- what we had here just now with my Senators have talked about this—we priate to give the minority assurances friend, the Republican leader. We are had 64 filibusters where cloture had to that an amendment to adjust the going to move forward, get things be filed. For my friend to say all he House bill, which the majority has done, there is no reason we can’t finish wants, that all the Republicans want is been insisting for a week is not ade- things this week. Why in the world to be treated fairly, we only have to quate, would not be appropriate? can’t we do the FISA legislation today? take the block of time in the last 2 These are the discussions we have I will tell you the reason. It is Orwell- days. How much more fairly can they been having off the floor. It is probably

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They cannot have it both ways. you aware that the Secretary of the overwhelming bipartisan support for They cannot blame us for holding up a Treasury today testified and made a the FISA legislation, and the President bill that they are holding up. statement that he thinks it is a pretty will sign it. It was the President and Secondly, let me say a word about good idea to have seniors and disabled the Democratic Speaker of the House the stimulus package. I would like the veterans included? Are you aware of and the Republican leader of the House Republican leader, who tantalizes us that? So this perfect package may not who came together on a bipartisan with bits of information when he comes be as perfect as they thought it was. stimulus package. We know there was to the floor, to really spell it out. What Mr. DURBIN. I would respond to the overwhelming bipartisan support for is it in the Senate Finance Committee majority leader by saying that obvi- doing a stimulus package. bill, this bipartisan bill, this Baucus- ously the notion of a bicameral Con- I think we are going to get all this Grassley bill, what is it they object to? gress has been tested and proven. I am resolved and approve both these meas- The so-called Christmas tree argument, glad Senator ROBERT C. BYRD is on the ures this week, but we are going to in- the goodies, the pet projects? Let’s be floor here to witness that statement, sist on doing it in a way that is fair to very specific about it. with which I am sure he will agree. the minority. Do the Republicans, the Senator The fact is, as good as the House That basically sums up my views on from Kentucky and others, object to package might have been, we are doing where we are at the moment, and we providing an additional few weeks of our best to improve it. And now, as I will keep talking about it off the floor unemployment insurance for those who understand it, two so-called pet and, hopefully, be able to have some are out of work? If that is the case, say projects—helping 20 million seniors and meaningful votes here later. it. Do the Republicans object to the a quarter of a million disabled vet- Mr. DURBIN. Will the Senator from idea that we are going to try to deal erans—are now becoming pet projects Kentucky yield for a question? with the housing crisis in America and of the administration. It would be Mr. MCCONNELL. No. put some provisions in to deal with great, and I hope the Republican side The PRESIDING OFFICER. The as- that in an honest way? If so, say it. Do will join us in the rest of our bipartisan sistant majority leader. they object to Senator CANTWELL of package. Mr. DURBIN. Mr. President, the Sen- Washington who is pushing for energy Mr. REID. Mr. President, if I could ate Intelligence Committee is a great tax credits—an innovative, construc- direct another question to my friend. committee. I served on that com- tive part of our economy—that will You are aware that the 49 Repub- mittee. I wanted to have a chance to help businesses get started creating licans—I should say 46 because 3 al- have a dialog here with the Senator jobs and keep America in the forefront ready voted courageously in the Fi- from Kentucky, the leader on the Re- of this research? If the Republicans ob- nance Committee, so 46 Republicans publican side. He continues to overlook ject, say it. They are walking and are going to have to make a decision. the obvious. The Foreign Intelligence dancing around, and they just will not They are not going to be able to pick Surveillance Act bill is the product of come forward and say it. and choose whether seniors are more two committees—not one but two. We think the Baucus-Grassley bill, a important than people with no heat in He says, well, he likes the Intel- bipartisan bill, is a good bill. We want their homes, more important than peo- ligence Committee version, and cer- to vote on that bill. We want the Re- ple with no jobs, more important than tainly it was a version that passed with publicans to go on record. people who are having their homes an overwhelming bipartisan vote. But If they believe the homebuilders foreclosed upon. The distinguished the fact is that the Senate Judiciary across America do not deserve some Democratic whip understands that Committee also passed their version of sort of tax benefits in one of the rough- they are going to have to vote for the the bill relating to specific elements est times they have had to face in mod- stimulus package out of the Senate Fi- that are equally important to the In- ern memory, then, for goodness’ sake, nance Committee, not pick and choose telligence Committee work, and what be on the record and say it. But they which is more important, whether sen- Senator REID, on the Democratic side, come to the floor and tell us: Maybe we ior Americans are more important has tried to do is to give us a chance on do not need a stimulus package. They than the unemployed or the people the floor to vote on some of the key argue that unemployment benefits ag- with no heat in their homes or the peo- issues raised by the Senate Judiciary gravate unemployment. They do all of ple losing their homes? Does the distin- Committee. those backward arguments. It is no guished Senator from Illinois under- In fact, we reached an agreement on wonder that Senator REID continues to stand that? how we were going to do it. It took us reference George Orwell; it really is Mr. DURBIN. I would respond to the a week or more to craft a unanimous impossible to follow their logic on the Senator from Nevada, our majority consent request to lay out the specific floor. But I think the American people leader, that I hope the Republicans un- amendments we were going to, with know the outcome. The outcome is derstand that the package we bring to understandings about how much time that we will do little or nothing today the floor is the result of Finance Com- would be devoted to each and what the because the Republicans insist that lit- mittee deliberation and votes and a bi- vote would be. I can tell you, I was in- tle or nothing be done today, and then partisan rollcall in support. It is not as volved in some preliminary parts of it, tomorrow they will come to the floor, if we were imposing our will here. We Senator REID stuck with it to the bit- and they will complain that nothing are bringing to the floor the measure ter end, and we did reach an agree- was done today. that passed the Senate Finance Com- ment. The PRESIDING OFFICER. The ma- mittee. And when was the last time a So what is stopping us? What is stop- jority leader. bill came to the floor which you agreed ping us, for reasons I can’t explain, is Mr. REID. Mr. President, before my with in all of its different sections? that the Republican side, which refused friend leaves the floor, I would like to There are usually one or two things in to yield for a question, wants to blame direct a question through you to him. I there I wish were written differently. us for slowing down a bill which they have not had a chance to speak to the I would say to my friends on the Re- are stopping us from calling. distinguished Democratic assistant publican side that if they believe we That is what it boils down to, in the leader, the whip, about this. should say no to families in Kentucky, simplest terms. They want to blame Are you aware that this perfect pack- to families in States around the Nation the Democratic majority for not pass- age the President has been talking who are struggling with heating bills,

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We have the bipartisan recommenda- about a successful economic stimulus package is that it should be targeted to f tions from the Senate Finance Com- mittee. Now it is time for us to take those programs that will help create RECOVERY REBATES AND ECO- action. job opportunities immediately. It is NOMIC STIMULUS FOR THE These are very difficult times. Let short term so it needs to be targeted. AMERICAN PEOPLE ACT OF 2008— me review some of the most recent eco- The Senate Finance package incor- MOTION TO PROCEED nomic news. It is not good. The stock porates what the other body did in re- The PRESIDING OFFICER. Under market is 11 percent lower than it was bates to taxpayers, providing business the previous order, the Senate will re- last October when it reached its peak. relief through expensing and deprecia- sume consideration of the motion to The price of oil has reached $100 a bar- tion, but it goes further with some rel- proceed to H.R. 5140, which the clerk rel. That is causing hardships for many atively modest changes in the total will report. families. Last month we saw job loss, dollar amount but extremely impor- The assistant legislative clerk read an actual decline in employment for tant, if we want to make sure the eco- as follows: the first time in 4 years, a shrinking nomic stimulus package is targeted to workforce. The President submitted his those who need it and will help our Motion to proceed to the bill (H.R. 5140) to economy. It also should be targeted to provide economic stimulus through recovery budget. He is showing the deficit, by rebates to individuals, incentives for busi- his own numbers, increasing from $162 be fair, looking after the people who ness investment, and an increase in con- billion to $410 billion. That debt does need help, the people who have been forming and FHA loan limits. not include the use of Social Security disadvantaged by a downturn in the The PRESIDING OFFICER. The Sen- surpluses. It does not include such economy. The Finance Committee is recom- ator from West Virginia. things as paying for the alternative mending that we include low-income Mr. BYRD. Let Senators be aware minimum tax that we know we will seniors. Low-income seniors are hurt- that we Senators must and should ad- have to deal with. We have tough eco- ing today. They don’t know where they dress one another in the third person. nomic times. are going to get the money to buy food There is a reason for this: It minimizes When one looks at the housing mar- or pay utility bills or medical ex- the chances of us having on display bad ket, there is reason to be concerned. In penses. There is a misconception that tempers. Are Senators aware that Sen- 2007, home sales were down by 13 per- seniors have this wonderful health care ators should address one another— cent over 2006. There are over 4 million system called Medicare. Seniors as an how? Not in the second person but, properties currently in inventory, a age group have the highest amount of rather, in the third person? Is the Sen- very high level of homes that can’t out-of-pocket health care costs of any ator from Timbuktu aware of that seem to move off the market. We are age group. Seniors are being hurt by rule? Is the Senator from West Virginia all concerned about the subprime fore- the high cost of fuel. Seniors need help. aware of the rule? Yes. closure rates. It is estimated now that Why should we leave them out of the The Senator from West Virginia will we could have as many as 2 million package? Certainly, if we want to tar- take his seat. I thank the Chair. subprime foreclosures by the end of get it to those who will spend some The PRESIDING OFFICER. The Sen- next year. There are many ripple ef- money to generate economic activity, ator from Ohio. fects to what is happening in the econ- low-income seniors should be high on Mr. BROWN. I ask unanimous con- omy. I was talking to some people in the list. Looking at it from the point of sent that the Senate now stand in re- Baltimore, where we have the General view of fairness, we should want to in- cess under the previous order. Motors transmission plant. They were clude low-income seniors. Quite frank- f telling me that their sales of light ly, I believe it was an oversight by the trucks are down because of the housing RECESS other body. I don’t think this is con- industry, because so many of the peo- troversial. It should not be controver- The PRESIDING OFFICER. Under ple who work in the housing industry sial. That should be clearly added to the previous order, the Senate stands need light trucks. We have lost jobs in the package. I congratulate the Fi- in recess until 2:15 p.m. Baltimore as a result of what is hap- nance Committee for including low-in- Thereupon, the Senate, at 12:25 p.m., pening in the housing market. come seniors. recessed until 2:15 p.m. and reassem- Another interesting fact, it is affect- The Finance Committee also in- bled when called to order by the Pre- ing local governments. It is now esti- cluded disabled veterans. Those receiv- siding Officer (Mr. CARPER.) mated that as a result of the decline in ing disability benefits would qualify f housing values, local governments will for a rebate. Let me talk about a mat- lose close to a billion dollars in prop- ter of fairness. We are talking about RECOVERY REBATES AND ECO- erty tax revenues. There is a real ripple NOMIC STIMULUS FOR THE men and women who answered our Na- effect to what is happening in our econ- tion’s call who are now receiving dis- AMERICAN PEOPLE ACT OF 2008— omy. MOTION TO PROCEED—Continued ability benefits. That, again, was an We have a responsibility to act. I oversight by the other body. They The PRESIDING OFFICER. The Sen- congratulate the Federal Reserve for clearly wanted to include disabled vet- ator from Maryland. taking action on the prime rate. That erans in the tax rebates we are putting Mr. CARDIN. Mr. President, let me was helpful. It was directly helpful in forward. I don’t believe this is a con- first express my disappointment that reducing interest rates, but it was also troversial issue. It is a matter of fair- we are not able to vote on the eco- a clear signal that the Fed is going to ness, a matter of people who will help nomic stimulus package. That package operate to help the economy. So should our economy, targeting the economic was reported out of the Senate Finance we. For us to be effective, we must be stimulus properly. Committee last Wednesday. Each of us timely. To be timely, we must vote on The Senate Finance Committee had plenty of opportunity to review the this bill. I am extremely disappointed package also included an extension of report from the Finance Committee that we can’t use the time we have unemployment insurance benefits. I and the provisions they added to the available today to take the necessary want Members to concentrate on this House package. For reasons I cannot votes so each Member can cast their one. When you have economic down- understand, the Republican leadership vote as to whether they agree with the turn, people lose their jobs. When they

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They will buy them for their work together, Democrats and Repub- economic downturn, it is more difficult value, but then they can refinance the licans. Let’s stop stalling. Let’s use the for someone who has lost a job to find property so people who are living in time this year to work on the problems a job, because there are less jobs avail- these homes can stay in them and are of energy independence. We could take able. Historically we have extended the not going to be subjected to potential a major step forward. I have heard my traditional 26 weeks of unemployment foreclosure. It is certainly in our inter- colleagues on both sides of the aisle benefits beyond that, when we have an est to provide that help. It will also talk about how, if we would make a economic downturn. The Finance Com- help with the credit crunch because the Manhattan type commitment or a com- mittee said, as a matter of fairness, we more money out there, the more dol- mitment as we did to put a person on should extend those benefits by an ad- lars that will be available. the Moon, we could become energy ditional 13 weeks. For those States As I think I related earlier stories I independent in a relatively short pe- that have high levels of unemploy- have heard from the State of Maryland, riod of time. We have to start on that. ment, we should go to 26 weeks of addi- I can tell you about homeowners in In 2007, we passed an energy bill that tional benefits. That is certainly the Salisbury trying to sell their homes, was a good bill. But it certainly didn’t fair thing to do, because they are the but they can’t because the buyers can’t move as far as most of us wish to see us people mostly hurt by the downturn in get a mortgage. Everybody is being af- move. Let’s move forward on that pro- the economy. If our criteria is to tar- fected. So the package that includes posal. There is a proposal coming out get money into people’s hands who are the mortgage revenue bonds is impor- of the Environment and Public Works going to spend it if that is their source tant. The problem in our economy was Committee that contains a step for- of income, we know that is going to get triggered by the housing market. It ward on America being a leader on back into the economy. So it will help wasn’t caused by the housing market. dealing with global climate change our economy to extend unemployment There are a lot of problems out there, that the Presiding Officer worked on. benefits. and it was certainly not the cause, but So this is a bill that I think is very im- The Finance package also includes an it was triggered by the housing mar- portant that we move forward on. We energy package to provide incentives ket. So our stimulus package should can get it done this year. Let’s not for businesses to move toward more ef- try to deal with that. The Finance wait. Let’s use the spirit of cooperation ficient energy sources and more envi- Committee package deals with it. and understanding. This economic ronmentally friendly energy sources. It I thank the majority leader for add- downturn occurred because we didn’t would include a package that will ing one substantial change to the Fi- pay as much attention as we should to allow us to energize the economic sec- nance package. He did that because the underlying problems of our coun- tor for what we call green jobs. We there was bipartisan agreement. We try. know we need to change our energy have had Senators on both sides of the Let’s get on with health care. Let’s policy. We know we need to be more aisle urging that the package include get a bill to the floor that will at least sensitive to the environment. We need help for LIHEAP, low-income energy help start to deal with those who are to be energy independent for national assistance for families who can’t afford uninsured, take on some of the major security so we don’t depend upon other their utility bills. The package will in- cost issues in our health care system, countries who are unfriendly toward us clude some help for that group. There whether it is the high cost of prescrip- for our energy needs. We need to do is consensus that we need to do that, tion drugs or the high cost we pay be- that in order to deal with the problems but it is also part of the economic cause people don’t have insurance so of greenhouse gas emissions and global downturn, families who cannot afford they go to emergency rooms or the climate change. We need to get on with and have to make the decision between need for medical technology so we have an energy policy for our economy. We food and energy. This will help them a a more efficient system, a better use of can’t sustain abrupt increases in en- little bit. The money will get right preventive health care so people can ergy costs because of the whim of oil back into the economy, helping to get the care in a less costly way. producing countries. For all those rea- stimulate the economy and helping us sons, we need to be energy inde- make this downturn as brief as possible Let’s move on in 2008. Let’s not lose pendent. We all agree—and I have so we can grow our economy. that opportunity, because it is going to talked to my colleagues from around This is a short-term economic stim- take us years to accomplish those the country on both sides of the aisle— ulus package. It is important for us to goals. We are not going to accomplish that we have to unleash the creativity act quickly. I am disappointed that we them overnight, but we need to get it of America’s businesses and the cre- are being stalled by the Republican done. ativity of our free market. This pack- leadership and not having a chance to By the way, let’s also take a look at age coming out of the Finance Com- vote on it as promptly as we should. this budget that was sent to us. I am mittee provides the tools so American We are ready to vote. We know what is glad to see my colleagues on both sides businesses can respond to the needs we in the package. We should be voting on of the aisle raise very serious problems have on creating alternative energy it and getting it back to the House so with the President’s budget. Let us this sources and a greener and more friend- we can get to it conference and to the year come together on a budget that ly environmental energy policy. President as quickly as possible. It is starts to bring us into balance. We The package also includes the net op- short term. It will help stimulate the started with this administration 7 erating loss so businesses that have economy. years ago with a budget that was in lost money can benefit from this econ- Then I hope we will see the same surplus. I was proud to be a part of the omy and can stay in business and can type of bipartisan cooperation between Congress that brought that budget into try to help our economy. It also in- the White House and the Democratic balance. We are going to have to do cludes a very important provision that leadership in the House to deal with that again, but let’s start in 2008. We Senator KERRY offered dealing with deep problems we have in our economy. don’t have to wait until 2009. Let us mortgage revenue bonds. Part of the These are more long term. We are not start to get these problems resolved. If problem we have in the housing market going to reverse it overnight. These are we do, we will be on a much sounder today is what we call a credit crunch. not appropriate to be included in the economic basis and we would not have We also have people who are suffering short-term economic stimulus package to worry about another trigger coming

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Let’s go more in hock to the the opportunity we have that we can ment funds of your employees to pay Chinese, the Japanese, and anybody get done this week. That bill we can operating expenses, you would be on else who will loan us money. get to the President this week. Every your way to a Federal institution. But Madam President, these numbers of day is important. I know I speak for it would not be the House of Represent- the President substantially understate most of the Members of this body that atives or the White House; you would how serious it is. Why? Because, magi- we want to get it done now. The choice be on your way to the ‘‘big house’’ be- cally, he has just left things out. On is clear. We have the package, the bi- cause that is a violation of Federal the war, the President has no costs be- partisan package from the Senate Fi- law. But here the President can pro- yond the first half of 2009. The Presi- nance Committee. Let’s bring it up and pose a budget that does it. In fact, that dent said there should be no timetable vote on it and let’s move forward. I is what he has done the entire time he on Iraq. He has just provided the time- would urge my colleagues to do that. has been in office. He has taken tril- table, hasn’t he? He provided the time- Mr. President, I yield the floor, and I lions of dollars in Social Security table for withdrawal in his budget be- suggest the absence of a quorum. money and used it to pay other bills. cause he says there is going to only be The PRESIDING OFFICER. The The problem with that, of course, is funding for next year. The President, clerk will call the roll. that while none of it is counted in the who said he is against a timetable for The assistant legislative clerk pro- deficit calculation, it all gets added to withdrawal, just wrote one. His time- ceeded to call the roll. the debt. The result is that here is table is provided in his budget. He says what is happening to the gross debt of Mr. CONRAD. Mr. President, I ask that after 4 months of next year, there the United States. At the end of the unanimous consent that the order for is not going to be any funding for the President’s first year—and we don’t the quorum call be rescinded. wars in Iraq and Afghanistan. How hold him responsible for that year be- The PRESIDING OFFICER. Without much will be spent for the wars in 2010? cause he inherited a budget from the objection, it is so ordered. He says zero. Next year, it is $70 bil- Mr. CONRAD. Mr. President, yester- previous administration—the debt was $5.8 trillion, the entire debt of the U.S. lion, after spending nearly $200 billion day, we received the President’s budget this year. This budget charitably can for this year and for the next 5 years. Government, the Federal Government. We now see that at the end of 2009, be called a great work of fiction be- I wish to take a few moments to com- which is the last year he will be re- cause it bears no relationship to any ment on that and then on the need for sponsible for, the debt will be $10.4 tril- reality. a stimulus package given what is hap- lion. So he will have increased the debt In addition, regarding the alternative pening in the economy. of this country by 80 percent in 8 years. minimum tax, which everybody says First, I wish to indicate that we have What a disastrous legacy this is. He has to be fixed, he has the money to fix seen under the President’s leadership a has us on course to have more than $13 it for 1 year. He doesn’t have a dime to dramatic deterioration in the budget trillion in debt by 2013. This is before fix it for any of the next 4 years after circumstance for the country. Last the baby boomers retire. We cannot that. So we are talking about hundreds year, the deficit was about $160 billion. pay our bills now. Can you imagine of billions of dollars that are not in They are now forecasting, the adminis- what is going to happen when we dou- this budget. tration is forecasting that under its ble, in very short order, the number of Finally, for the fourth year in a row, budget proposal, the deficit for this people eligible for Medicare and Social for the first time in any administra- year will reach $410 billion, the second Security? tion’s history, the President provides biggest deficit in dollar terms in our Madam President, perhaps of even no spending details past this coming Nation’s history, and for next year, greater concern is what this President year. So he has the cuts in there, but again a deficit of more than $400 bil- has done to foreign holdings of our he doesn’t tell you how they are going lion. debt. It took all of these Presidents to be done. More make believe, more This does not tell the whole story. pictured here on this chart—all of the fantasy, and more fiction—that is what This is the deficit story. The debt story 42 previous Presidents—224 years to run this budget is all about. is far more serious. As I have been say- up a trillion dollars of U.S. debt held Madam President, the war cost $193 ing for a number of years, the debt is abroad. This President has more than billion this year. Next year, it will only the threat. However, we will never hear doubled that amount in just 7 years. He cost $70 billion—that is what the Presi- the word ‘‘debt’’ leave the lips of this has added over $1.3 trillion of foreign- dent says. That is in this budget. Can President. Never. We will never hear held debt in his 7 years. That means we anybody believe it? I have not found him talk about the growth of the debt. now owe the Japanese nearly $600 bil- anybody who does—not if the Presi- We will never hear him discuss the lion; we owe the Chinese a sum ap- dent’s policy is pursued. threat of the debt. We will never hear proaching $400 billion; we owe the Brit- In terms of the priorities of this him discuss a plan to deal with the ish over $300 billion; we owe the Kore- budget, they are also subject to serious debt. It is as though the debt of the ans over $40 billion. That is the legacy question because if you look at the rel- country for this President does not of this administration. ative priorities of what the President exist. Why? Well, perhaps because the Now the President comes with his has proposed, here is what you see. debt is growing far more rapidly than budget, and says he is going to start For those who earn over $1 million a the deficit. doing something about the spending year, the cost of the President’s tax (Mrs. MCCASKILL assumed the Chair.) side of this equation. He said: I want to cuts for that category of earners will Mr. CONRAD. Madam President, the cut Medicare and Medicaid over the cost $51 billion in 2009 alone. Let me re- President says the deficit for 2008 will next 10 years by $600 billion. No, I peat that. The cost of the tax cuts for be $410 billion. If you look at his pro- didn’t misspeak. That is what is in the those earning over $1 million a year posals, you see the debt will increase President’s budget. He wants to cut will be $51 billion in 1 year alone. On under his plan by more than $700 bil- Medicare and Medicaid $600 billion over the other hand, the President says we lion. Let me repeat that. Under the the next 10 years. That is health care have to cut low-income heating assist- President’s plan, the debt will not in- for those who are Medicare eligible— ance by $400 million. So you don’t have crease by the advertised deficit of $410 largely the senior citizens of this coun- $400 million for low-income heating as- billion; the debt will increase by more try. The President wants to cut that by sistance, but you do have $51 billion for than $700 billion. $600 billion. tax cuts for the wealthiest among us.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1330 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 The priorities continue in that same since the Great Depression. That ought the wind energy tax provision is not vein. It would take $826 million to re- to get somebody’s attention. extended, they are going to start lay- store the cuts to education that are in Energy costs are spiking. We know ing off people. They employ hundreds this President’s budget—$826 million what happened to fuel prices, fertilizer of people in my State. When people say for 1 year. Again, the President says, prices, home heating fuel, gasoline, and the energy package is not stimulative, no, it is far more important—if you do diesel. As a result of that, consumer I tell you in my State it is because we the math, he is saying it is more than confidence has taken an enormous hit. have manufacturing facilities that 60 times as important to provide addi- Here is the index of consumer con- make the giant blades for the wind tur- tional tax cuts for those earning over a fidence, which was down very dramati- bines. million dollars a year, because the tax cally as we went through the months of I have commented on the President’s cuts for that category—the cost of the last year and into the early part of this budget because the President is going tax cuts are over $51 billion for next year. This is what signals that we are to dump a debt bomb on the desk of the year. in serious territory and that the econ- next President. That is what is going The same is true in law enforcement. omy is seriously at risk. to occur. He has nearly doubled the na- In many ways, this is the most star- The unemployment rate has risen tional debt. He has it going up at a rate tling. The President says eliminate the sharply over the past year. We saw in of $800 billion a year, not the $400 bil- COPS Program, which has put more the last jobs report that we actually lion of deficit we read about in the than 100,000 police officers on the lost 17,000 jobs. This was stunning to paper. The debt is going up twice as street. The President says forget it, cut most economists, who were forecasting much, $800 billion a year, after this it 100 percent. No additional police on there would continue to be slow but next year when it is going up $700 bil- the street. What sense does that make modest job growth. Instead, it appears lion. when crime is rising? He doesn’t say the economy hit a wall. The next President is walking into a cut it; he says eliminate it. It would Madam President, this is what the fiscal meltdown of historic proportion. cost $596 million for 1 year to restore Federal Reserve Chairman told us on This President has been the most wild- that program. Again, the cost of the January 17: ly irresponsible fiscal steward in this President’s tax cuts for those earning Any stimulus program should be explicitly country’s history. That is a fact. The over $1 million a year is $51 billion. temporary, both to avoid unwanted stimulus next President and the next Congress beyond the near term horizon and, impor- better get ready because they are walk- That is almost 100 times as much as re- tantly, to preclude an increase in the Fed- storing funding for police. eral Government’s structural budget deficit. ing into an absolute fiscal quagmire. If we look at specific proposals by the I yield the floor. He went on to say about an effective President in this budget, we see he pro- The PRESIDING OFFICER. The Sen- stimulus: poses cutting the COPS Program, as I ator from Washington. There is good evidence that cash that goes Mrs. MURRAY. Madam President, I have indicated, by 100 percent; weath- to low and moderate income people is more erization assistance, cut that 100 per- likely to be spent in the near term. . . . Get- ask unanimous consent that following cent; first responders—the aid to our ting money to people quickly is good, and my remarks, the Senator from Michi- firemen and our emergency personnel— getting money to low and moderate income gan be given 10 minutes, the Senator he says cut that 78 percent; clean water people is good, in the sense of getting bang from Colorado 10 minutes, and if any grants, cut that 21 percent; community for the buck. Republicans come to the floor seeking development block grants which help Here are the elements that represent recognition, that they be intervening our cities—and every mayor will tell improvements in the Senate stimulus between the Democrats. you these are the most flexible funds package. We cover 20 million seniors The PRESIDING OFFICER. Without they get from the Federal Govern- who were not covered in the House objection, it is so ordered. ment—cut that 20 percent; cut low-in- package, and 250,000 disabled veterans Mrs. MURRAY. Madam President, come energy assistance 17 percent. are included in the Senate package but first, I thank our budget Chair, Sen- Madam President, that brings me to not in the House’s. We have higher re- ator CONRAD, for presenting to us what the subject of the need for a stimulus bates for low-income households—$500 has been given to Congress to consider package. Economic growth, we are see- versus $300. It extends unemployment from the President and the White ing, has slowed dramatically. The Con- insurance benefits, which gives us the House concerning our budget. I, too, gressional Budget Office says economic biggest bang for the buck. We prohibit am here this afternoon to talk about growth is going to slow to 1.5 percent illegal aliens from receiving rebates. President Bush’s proposed budget be- this year. That was not brought to their atten- cause, as we all know, we began debat- By the way, all of the numbers I tion in an effective way, so, unfortu- ing it in our Budget Committee today. used, and the President’s budget—do nately, it is conceivable that illegal We have all had a look at this proposal you know what economic growth num- aliens could get rebates under the now, and I think many of my col- ber he used? He didn’t use 1.5 percent, House package. We have prevented that leagues on the Budget Committee which comes from the nonpartisan in the Senate package. We also have agreed we could say it was nothing Congressional Budget Office. He says better targeted business provisions, es- short of being dishonest and irrespon- the economy will grow at 2.7 percent. pecially the net operating loss sible and, frankly, unacceptable to So all those numbers I showed are the carryback. I am proud to have au- many of us. best-case scenario, because he has a thored an amendment that losses in We are facing some pretty serious rosy scenario with respect to what eco- 2008 could be carried back to profitable problems in this country today, but the nomic growth will look like. If we look years, so that companies that are in budget President Bush sent to us on at the last quarter of last year, what this depression—those in the home- Monday fails to take any of those chal- happened to economic growth? It building industry—will qualify for as- lenges into consideration. We are out slowed to six-tenths of 1 percent. That sistance to prevent them from having here trying to pass an economic stim- should be a tipoff that we have a prob- even steeper layoffs and cuts. ulus package in response to the fact lem. Finally, we encourage investment in that more than 1 million workers lost Here is what is happening to the alternative energy. Let me just point their jobs last year in this country. housing industry. They are not in a re- out that some say, in terms of incen- Across the country, we are seeing un- cession; they are in a depression. Here tives, that the extension for 1 year, for employment claims rise. People are is what happened to new home build- example, of the wind energy tax incen- very concerned about what is hap- ing. It has gone from a peak in 2006, tives, that is not stimulative. Really? pening to their paychecks. They are and it has virtually collapsed. We just Tell that to the company in North worried about whether they are going met with the homebuilding industry. Dakota that makes the big blades for to be able to pay for food or their mort- They say this is the worst downturn wind turbines. They have told me, if gages in the future.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1331 On top of that, we see as many as 2 reimbursement levels for our hospitals, the full cost of the Iraq war even for million Americans who are losing their for our hospices, for ambulance serv- this year that they were not serious homes because of the current subprime ices, and long-term care facilities, even about this budget. mortgage crisis. Economists now are though it threatens access to facilities Just like any American family that telling us that problem is going to get that are already stretched to the limit. is sitting down to balance its own worse before it gets better. This is going to affect every one of us checkbook, we are going to have some So here we are, and the President who will need access to our hospitals, pretty tough decisions ahead in this sends his budget to us on Monday. It is long-term health care facilities for our- Congress. We have to do it now. We his eighth and final budget request. He selves and our parents in the coming have to be honest about what our obli- had a chance to send us a budget that years. gations are and the expenses we face. It would set us off on a fiscally respon- And for the fourth year in a row, is time we take stock of our finances sible path, one that would help us amazingly, the President is proposing and get our books back in order. We strengthen this economy, invest in our deep cuts to community development have to invest in the priorities of country’s future, and help those fami- block grants. These are programs that America’s families, and it is going to lies who are struggling today to keep every mayor in every city has told us take a true commitment, but that is their homes and pay their bills. But in- are the most flexible dollars the Fed- certainly something the President’s stead, the President gave us more of eral Government sends to them that budget failed to do. the same, more of what we have seen helps them create jobs right at a time We need an economic plan that works for the last 7 years. Instead of taking when they are facing these tough eco- for everyone in this country. We need steps in his final budget to help Amer- nomic times. the economic stimulus package that we ican families get back on their feet, he Sadly, the President is slashing fund- are trying to get passed that the Fi- cut programs, such as heating assist- ing for section 8 and other low-income nance Committee did an excellent job ance and job training. Can you imagine housing programs, even as more of our in the Senate to put forward that will how that feels if you are worried about families are set to lose their homes help provide short-term economic how you are going to pay your home than at any time since the Great De- stimulus that is dramatically needed. heating bill or if you just lost your job? pression. Beyond that, we need a budget that in- Instead of laying the groundwork to In the last 7 years, we have gone vests in the American people and their reduce our debt, which the chairman of from a budget surplus to a record def- priorities so our families can begin to our Budget Committee, Senator icit, our roads and our bridges are feel strong once again. That is how we CONRAD, has repeatedly told us is a crumbling, and we are paying for a are going to get this economy moving. huge issue facing us, instead of dealing misguided war on the backs of our It is time for a change, and I am with that, he gave us a dishonest budg- grandchildren. People desperately want looking forward to getting it started et that fails to state the true cost of to see leadership that invests in those now. war. He sent us a budget that put out priorities and helps begin to turn this I yield the floor. a blueprint of $70 billion. He is asking economy around. The PRESIDING OFFICER. The Sen- $190 billion or $200 billion for this year People at home say to me: Invest in ator from Michigan. alone. Does that mean the President is our future at home. But sadly, I think Ms. STABENOW. Madam President, I going to bring our troops home? No. He the legacy of this administration is first lend my voice to that of the Sen- is simply being dishonest about what going to be red ink and broken prom- ator from Washington and the Senator his programs and his proposals cost. ises. from North Dakota, our distinguished The budget he sent us is going to re- We have some hard work ahead of us chairman of the Budget Committee. I, quire us to borrow billions from foreign as we try to repair the economy and too, am a member of the Budget Com- governments to meet our expenses. I build a budget in the Congress that mittee and am extremely disappointed think that is irresponsible. Over the last 7 years, America has matches our country’s real priorities. that the President’s budget this year is paid dearly for the investments this That was pretty obvious today at our simply more of the same, in some cases President has failed to make, and this first hearing of the Budget Committee. worse—higher deficits, more cuts in a year in his budget we see nothing dif- During that hearing, we listened to number of areas, and certainly the ferent. The Bush budget that was sent our OMB Director, Mr. Nussle. He wrong priorities for families in Amer- to us cuts critical programs at the Vet- talked a good game about wanting to ica. It takes us in exactly the wrong di- erans’ Administration, including med- work with Congress on his budget. But rection from where we need to be ical research. When we have veterans when we began to ask him critical going. coming home today who have post- questions, it was pretty clear how lit- We are going to do what we have traumatic stress syndrome, who have tle President Bush and his Cabinet un- done in other years, which is put for- traumatic brain injury, who have lost derstand the priorities of the American ward a very different vision for Amer- their limbs, who are suffering from people today. It was clear when I asked ica, one that focuses on paying down very debilitating issues, he cuts the Director Nussle about why the Presi- the debt rather than increasing the medical research budget. He cuts fund- dent is proposing deep cuts to the Vet- debt, focuses on health care and edu- ing for extended care facilities, even erans’ Administration construction cation and investing in areas that will though we know the number of troops budget when thousands of new veterans clean our water and our air and protect coming home who will need extended are entering the system every year. our lands and focus on the economy care is growing. And he asks the next We all remember what happened at and good-paying jobs for middle-class generation of combat veterans to risk Walter Reed a year ago, when it ex- families who are being hurt all across their lives in Iraq and Afghanistan and posed the deplorable conditions at our this country. then says to them they are going to VA facilities across this Nation, where We heard today a larger number than have to pay for part of the cost of their we are sending those Iraqi war veterans I have even been using about what is health care as a result of their serving and veterans from previous wars in being spent on this war. The number this country. horrible conditions. He stood with us now is $16 billion a month, $4 billion a The budget proposal he sent us cuts and said we are going to fix this situa- week on this war, and yet at the same $484 million from critical workforce tion. Yet today, we get a budget that time, the President believes we should training programs right at the time cuts the construction budget. How are eliminate funding for the COPS Pro- that 7.7 million people are out of work we going to rebuild those facilities and gram for local police officers and fire- and asking: How can I get trained for make them into a place Americans can fighters, makes dramatic cuts in Medi- the next job out there? be proud of if the President doesn’t ask care and Medicaid, health care pro- The budget he sent to us, as Senator for the money to do it? It was clear grams, cuts 48 different educational CONRAD talked about, freezes Medicare when Mr. Nussle refused to estimate programs, and the list goes on and on.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1332 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 I am looking forward, as a member of turing base and to be able to keep man- laws, where we are exporting jobs, not the Budget Committee, to put forward ufacturing jobs, middle-class jobs, all just products. Let us look at what is a very different vision. We intend to across this country. happening right now. change the priorities of this country There are many reasons for the fact We have 7.7 million Americans—7.7 and put them back on those priorities that we have millions of people who are million Americans—competing for 4 that directly affect middle-class fami- currently unemployed, but the fact is million jobs. That is the reality in lies and help them survive and thrive we do. We have middle-class Americans America today. So when we talk about in an economy that is having a very who find themselves on unemployment the need to support and to help those tough time, where they are being hit insurance, which pays about 40 percent 7.7 million Americans, this becomes ab- on all sides with increased costs. of the normal wage, while they are try- solutely critical as we look at our I wish to take a moment to speak ing to keep the house, keep up the economy. The good news is that every about the stimulus package. As a mem- mortgage payment, put food on the economist, from the most liberal to the ber of the Finance Committee, I am table, keep the lights on, pay for the most conservative, as well as the Con- very pleased with what we have been kids’ clothes that they need, and to put gressional Budget Office and so many able to do working together on a bipar- gas in the car so they can survive until others, has said that one of the best tisan basis to come forward, again, they can get that next job. ways to stimulate this economy, in the with something that reflects a stim- Now, some have said, well, it is not short run, is to extend unemployment ulus in the short run and focuses on that bad. I come from a State with the benefits. For every $1 in benefits, you critical areas, and we make sure a highest unemployment in the country. generate $1.64. For every $1 that you number of folks who were left out of We have about 7.6 percent unemploy- put into unemployment benefits. Why? the House package are not left out. ment, and we are seeing not only in Because if you are unemployed, you We start with 20 million seniors. I Michigan and a few States around the don’t have the option of saving. You should also say we are going to have in country that have been hit first, that are going to spend every single nickel this body two votes: a vote on whether this unemployment situation is begin- you get. to include 20 million seniors or a vote ning to creep out into millions of peo- Madam President, I ask unanimous on whether to leave them out. That is ple, millions of middle-class families consent for 1 more minute to close. the reality. Unfortunately, seniors on all across the country. So we are now The PRESIDING OFFICER. Without fixed incomes, whose only income is hearing from Goldman Sachs and from objection, it is so ordered. Social Security, have been left out of the Bureau of Labor Statistics that Ms. STABENOW. So when we look at the House package. We, on a bipartisan while, as of January of this year, the this package, we have a choice between basis, have put it into the Senate pack- unemployment rate was 5 percent, by including or excluding 20 million sen- age. next year the prediction is 6.5 percent. iors, excluding or including 250,000 dis- So the question will be: Do my col- That is not Michigan, that is nation- abled veterans, including or excluding leagues support and join with AARP ally. That is national unemployment. millions of middle-class Americans and all the senior organizations that So one of the things that is impor- looking for a job and, in addition to have been pushing and advocating and tant about the Senate package is that that, create jobs through alternative sending cards and letters and phone instead of being behind the curve—and energy production and efforts to help calls and urging us not to forget them, economists talk about our being behind the home-building industry, which is at will you join with them, 20 million sen- the curve on a stimulus—we actually the heart of what has been happening iors, or will they be left out? We also are putting in place a way to respond in terms of our economy. I am very want to make sure our disabled vet- quickly to be ahead of the curve; to be pleased we have addressed those busi- erans are not left out. there to extend unemployment com- nesses that have operating losses now, I am proud of the fact that we, in this pensation for 13 weeks and an addi- to help them through the tax system new majority, this Democratic major- tional 13 weeks if you hit this 6.5-per- and be able to keep going and not find ity, have put veterans health care at cent unemployment, which, unfortu- themselves in a vice this year in terms the top and last year included real im- nately, too many are saying we will of having fire sales to eliminate their provements in health care funding for reach. I hope they are wrong. I hope it inventory. I am pleased we have been the first time since that war began— goes in this direction. I certainly hope able to include a $10 million revolving the largest funding increases to sup- it goes in this direction for the great loan fund for States and local govern- port our veterans since the war began. men and women in Michigan who have ments to help with refinancing of This is another step in supporting our been working so hard. But the reality subprime loans. veterans. Two hundred and fifty thou- is it is most likely to be going in the We have a number of very important sand disabled veterans will be left out direction of the 6.5 percent. provisions, and it is very exciting to if the House bill is passed. So for millions of middle-class fami- see the broad coalition that has come So we have a choice when we vote. lies that have done nothing but play by together, from business to labor, to We vote yes on 250,000 veterans—our the rules, care about their families, seniors, to the environmentalists, to disabled veterans, who have given more working for the American dream, those creating energy jobs, to those in than I will give or most of us will give proud to be Americans, sending their the housing workplace; and from home- for our country—250,000 disabled vet- children or husbands and wives off to builders to those who are involved with erans get the rebates and are part of war, this package in the Senate will State and local governments, and mil- the stimulus or they are not. The Sen- give them the dignity of knowing they lions and millions of middle-class fami- ate package puts them in, the House can keep the household together while lies all across this country who are package leaves them out. they are looking for their next job. counting on us to do more than provide There is another very important Now, a lot of folks say, well, this is a check but to create the ability for in- piece of this package, and that goes to going to discourage—in fact, I heard vestments and for jobs that will grow the question of millions of middle-class this from the Secretary of the Treas- the economy. Americans, who, through no fault of ury this morning in the Finance Com- So I am very hopeful we will come to- their own, have found themselves in a mittee—that this may discourage peo- gether with the necessary votes to stop situation without a job. I have spoken ple from looking for a job. Well, let us the filibuster that is happening here. I many other times on the floor about look at the reality of this. Let us look wish we could simply have an up-or- the reasons for that—from not enforc- at the reality of what is happening down vote on this. We certainly have ing our trade policies and not investing right now in an economy where we the votes. But because of the situation in the technologies and the infrastruc- have not focused on making sure we we are in, because of the Republican ture and the things that we need to be have a strong middle class, where we filibuster, it is necessary to get 60 doing to grow a 21st century manufac- have not focused on enforcing our trade votes to be able to stop the filibuster.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1333 So I am very hopeful we will have age to help get our economy back on ulus package? Well, the fact is there enough colleagues joining together on track. Well, we have done our level are other improvements that can be a bipartisan basis in order to be able to best to try to put together that pack- made. A second improvement we made do that. age in the Finance Committee. I am in this package that we deliberated and Madam President, I thank the Chair. proud to support it, and I hope that worked out in the Finance Committee The PRESIDING OFFICER. The Sen- when we get to a vote on the Finance has to do with our disabled veterans. ator from Colorado. Committee package tomorrow, we are We have 250,000 disabled veterans in Mr. SALAZAR. Madam President, I able to get Republicans and Democrats America today; 250,000 disabled vet- wish to thank my colleague from to stand together in a resounding posi- erans. Many of these veterans are vet- Michigan for her great leadership on tive vote for moving forward with this erans from World War II, some of them the Finance and Budget Committees Finance Committee package. I hope from the Korean conflict, some of them and raising these issues that are so im- the vote is not just a vote that gets us from the Korean war, and some of them portant to America. I think particu- to 60 but hopefully gets us to 70 or 75. are part of the 1.5 million veterans who larly when you come from a State such Now, why is it important that we have served in Operation Iraqi Freedom as her State of Michigan, where they move forward and jump-start our econ- and Operation Enduring Freedom. have an unemployment rate that is omy? Well, it is important for the Why should these 250,000 veterans not knocking on the door of 8 percent, she American families whose lives are very receive the benefits we are providing knows how hard it is for families in much affected by the actions we take all the rest of America today? It makes Michigan and the families across on the floor of the Senate. It is impor- no sense, in my view, if we are trying America as they see our economy spi- tant to embrace what the President to stimulate the economy. We put, raling downward and going into a and the House of Representatives have probably for a family of four, $1,600 ditch, which essentially makes what done, which is to say we ought to put checks into their pockets. They are we are trying to do in the Senate today money back into the pockets of the going to spend this money to help more important than at any other American consumer so they can spend stimulate the economy. It is the right time. that money which then helps create thing to do for us to uphold the Amer- Madam President, I wish to start jobs in America and helps to stabilize ican values and to support our veterans first by asking unanimous consent that our economy. But what the White here in America. It is absolutely the I be permitted to speak on the Finance House and the House of Representa- right thing to do. Committee stimulus package for such tives did in their negotiations with It is also the right thing to do in time as I may consume. Secretary Paulson and others is some- terms of one of the objectives which we The PRESIDING OFFICER. Without thing that can be improved on, and cer- have, which is to help stimulate our objection, it is so ordered. tainly the bipartisan work of the great economy. Third, when I ask the ques- Mr. SALAZAR. Madam President, I team on the Finance Committee, which tion, can we improve this bill—yes, we wish to first comment on the Finance includes the staff of that committee, can improve it by adding 20 million Committee and the way that com- has brought forth what is a signifi- seniors. We can improve it by adding mittee works. cantly improved package over what the 250,000 disabled veterans. But we First, we are on the floor of the Sen- came out of the House of Representa- can also deal with the reality of unem- ate with a Finance Committee package tives. ployment. in large part because we have two great The first of those improvements has Maybe some people around here have Senators who have been a part of this to do with dealing with those Ameri- not dealt with families that have been Chamber, a part of this institution for cans who were left out: 20 million el- unemployed. But when you lose your a very long time and who make it their ders, 20 million seniors, 20 million peo- job, you lose everything that creates a priority to get results. They transcend ple who have given their lives to give quality of life for you. Because you partisan politics for the public purpose us the opportunities we have in Amer- cannot take care of your family, you for which they were elected. ica today. I am speaking about those cannot take care of making your mort- It is in that vein that time and time who came before us and who now de- gage payment, you cannot take care of again the packages we have brought pend on Social Security. The package buying medicine for your children. forth from the Finance Committee out of the House excluded 20 million And, yes, we have now States in Amer- have had both Democratic and Repub- seniors because it says you have to ica that are reaching an unemployment lican support as we have tried to move have earned income in order to qualify rate of 8 percent, and the economists forward to confront the challenges that for this tax check that is going to go are saying there are a number of States face our country today. This economic out from the Government to the people that are going to be up into 6 to 7 per- stimulus package that is before us of America. Why should we exclude cent before too long. So extending un- today is no exception. It was voted out these 20 million seniors who are receiv- employment benefits is also an impor- of the Finance Committee, a com- ing Social Security? Because Social Se- tant improvement in this package. mittee I am very proud to be a part of, curity is not earned income. Therefore, But it is not that we can take care with a bipartisan vote, in a bipartisan they are excluded under the provisions only of seniors and disabled veterans spirit, and with the sense that we need- that came out of the House bill. and extend unemployment benefits; ed to give a flu shot to this economy So if we are to honor what I believe there are other things, I believe, we before it gets sicker; and with the is one of the fundamental values of can do to help make sure that we im- sense that we need to help this econ- America—that is to honor our elders, prove upon the stimulus package for omy go into a positive direction as op- to respect our seniors—then it is im- America we are considering here today, posed to getting further and further portant for us to make sure we change and that is to help the business com- stuck in the ditch of disrepair, where it the package to include the 20 million munity of America, make sure that has been headed for the last several seniors of America. business community remains in a way months. The one thing we do know, from what where it can continue to create jobs for So this is a very important package all the economists have told us, is that the people of this country. that comes before the Senate today, if you put this money into the pockets The incentive we have created in this and we must remember its genesis in of 20 million elder Americans, those 20 legislation with the expensing provi- the Finance Committee is in fact a bi- million elder Americans are going to sions relating to small business, with partisan genesis to respond to what the spend that money, which means it is bonus depreciation for businesses that President has asked the Congress to do, going to help stimulate our economy. expend money on equipment, will help not only in his State of the Union So that is one improvement. keep America strong. Without those speech but even before that, when he Are there other improvements that businesses creating jobs for America, said we need to have a stimulus pack- could be made to this economic stim- we are going to continue to spiral

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1334 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 downward. It is important that we do is included in this legislation that will Mr. DORGAN. Madam President, I that. address the operating loss carryback have listened with some interest today I want to point out one provision re- provisions that apply to the housing to many of my colleagues who have lating to our efforts to try to support industry. That economic injection will come to the floor to speak about what the business community of America help the housing industry continue to is called a stimulus package. I have here today, and it has to do with hous- stay afloat to weather the very trou- never quite understood the word ‘‘stim- ing. The other day when we heard from bled times ahead. Now, some people ulus’’ as it applies to economics. I did the many economists who have come will say: Why are you bailing out the teach economics in college at one before the Finance Committee, one housing industry? Well, we are not point. I guess the notion of a stimulus thing was very clear. One of my col- bailing out the housing industry, we is to excite the economy, to do some- leagues, Senator BAUCUS, talked about are trying to keep one of the sectors thing to expand the economy. how the housing crisis itself was a ca- that is pivotal to a successful economy The fact is, until a couple of months nary in the coal mine. It is a signal to alive here in the United States of ago, the President was telling us the us that our economy is in trouble. The America. economy was doing really well; we housing sector of our economy dem- Across my State, I know how many have a strong, sound economy. The onstrates that perhaps in a way that people work in the housing industry, Secretary of the Treasury was telling very few other sectors of the economy from the roofers to the plumbers to us the economy is solid and we are on do. So it is important that we do some- those who put up the drywall. We know solid ground. Of course, most Ameri- thing for the housing issues facing our how many of them work. There are cans knew better. Now we discover country today. 300,000 people in America who are that the economy needs a stimulus. The chart that is here by me dem- working in the housing industry today. Let me describe why that is the case, onstrates what is happening with hous- So if the housing industry continues to and a response to some of the discus- ing across America. You look at what go downward, if it continues to spiral sion on the floor of the Senate today. downward, we are going to see the Moody’s said would happen in terms of We have had an almost unbelievable 7 bankrupting of one of the most impor- what they forecast to be, where we will years. President Bush came to the Con- tant industries today. end up as we move forward into these gress at the start of his Presidency, difficult economic times with respect This stimulus package does include some legislation that will allow them and he said: President Clinton has left to the housing market. a large budget surplus. Alan Greenspan They predict that housing prices will to take their carryback losses in a manner that makes sense for them eco- said he couldn’t even sleep; the surplus decline by 15 percent before we see bot- was so big. He was worried the surplus tom. How many people in America own nomically so that they will not be forced into the halls of the bankruptcy was so large it was going to be a prob- a house, and how many people in Amer- lem. ica have most of their value tied up in court. President Bush saw this projected that house? When you see these times For a lot of reasons, I believe this stimulus package which is before us is surplus, a surplus in the first year of of declines in housing values, you know a solid package. It is very significantly his Presidency and then projected for the people of America, the people who improved from what we were seeing the next 10 years. He was so excited, he are watching us debate here on the come over from the House of Rep- rushed to the Congress and said: You Senate floor, know there is pain in the resentatives. I would hope that the have to help me. We need to get rid of economy here in America today. When President of the United States, his this projected surplus. We need to pro- you lose 15 percent of what is your Cabinet, Secretary Paulson, others, vide very big tax cuts. By the way, if most valuable asset, you know there is Secretary Gutierrez, join us in helping you earn a $1 million a year in income a major issue with the economy. So it move this Senate Finance package or $10 million a year, brace yourself, I is important that we address the hous- through to the finish line. have big things in mind for you. I am ing issues of America, and we are doing The final point I would make is that going to give you a very big tax cut. that partially in this legislation by in- though we hope we will get this pack- cluding revenue bonds. There are other Some of us said: Mr. President, you age through, we know that our work said you were a compassionate conserv- things we are going that have to do here on the economic issues of America with the housing crisis we face here in ative. Where is the conservative part of is not yet done. A second and short- this? What if something goes wrong? America. term phase, which I believe we should It is my hope one of the things we are These are just projections. Let’s wait undertake here in the next month or and see if these surpluses materialize. able to do is to come back and address so, is we need to deal more comprehen- the housing issues, along with energy, The President said: Don’t worry. Be sively with the housing issues that face happy. We want to give tax cuts, with along with the farm bill, in a chapter 2 our country. We need to deal with the of our economic agenda in the Senate. the biggest tax cuts to the wealthiest 2007 farm bill and get that through con- Americans. But it is also important, as you look at ference and get that done to ensure the this chart, to look at what is hap- Sure enough, he got that through the food and fuel security of America. House and the Senate—but not with pening with housing starts in America. We need to return to that Finance my support. I did not vote for it. But We are in the worst shape today in Committee-produced package on en- almost instantly we saw, No. 1, the housing starts in America than we ergy that would have fueled the clean country move into a recession in 2001. have ever been. In fact, those who are energy future of America for the 21st Then we had 9/11 and the devastating associated with the home building in- century. We need to go to that as soon attack by terrorists. Then we had a dustry will tell you we are in worse as we get the stimulus package war in Afghanistan pursuing Osama bin shape today than we have ever been through. I am hopeful that we will be Laden and the Taliban. Then we went since the Great Depression. There is no able to move in that direction. to war in Iraq and had all of the home- end in sight when this housing crisis is I yield the floor and suggest the ab- land security issues. All of a sudden, going to end with respect to the decline sence of a quorum. in housing starts that we see. The PRESIDING OFFICER. The we had all of this extra expense, and we The economists out of Moody’s clerk will call the roll. had a downturn in the economy. What project that housing starts are down 60 The legislative clerk proceeded to had been budget surpluses turned into percent, at the bottom of this trough, call the roll. very large budget deficits. with no end in sight. Who knows how Mr. DORGAN. I ask unanimous con- The President, oblivious to all of far that will go down? sent that the order for the quorum call that, said: It doesn’t matter. Things What we have done, spearheaded by be rescinded. are the same, as far as I am concerned. Senator CONRAD and with the help of The PRESIDING OFFICER. Without We want more and more tax cuts for Senator STABENOW and Senator SMITH, objection, it is so ordered. upper income Americans.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1335 So that has been the fiscal policy for economy. That is a 10 percent indebted- kind of approach is that? Grandpa and 7 years: ignore the obvious, ignore re- ness in 1 year on top of the greed that grandma don’t count? We inherit this ality, and just preach the positive mes- comes from a subprime loan scandal place from them. They were the stew- sage and hope everything turns out all and an economy that seems to have ards of this country of ours. They right. come to a dead stop. helped build this country. They pro- The fact is, everything has turned Then they say: We need to stimulate vided the roots by which we, the out all right for some. If you are at the the economy. Yes, we probably do. This branches, have been able to succeed. top of the income ladder, you have to economy probably needs a lot more But now we have people in this Cham- be ecstatic. Your share of the assets than stimulus. We need to hook up ber who say grandpa and grandma and wealth of this country has dra- some jumper cables to something. don’t count; millions of senior citizens matically increased. But if you are The Federal Reserve Board—a board shouldn’t be a part of this. someone at the bottom of the economic that has gotten a lot of my attention The difference in the stimulus pack- ladder, working two jobs, trying to over the years—has taken aggressive age being debated is one that is pretty make ends meet for your family, if you action. They seldom take aggressive stark: 20 million lower income seniors, are someone who is trying to buy a action on anything. They did two cuts, many of whom need it most, under our home, somebody who is trying to hang a three-quarters of a percent interest proposal would get a rebate check of on to a job in a plant that the owners rate cut and a half a percent interest $500. To some, that doesn’t mean much, want to move to China in search of 30- rate cut. The fact is, that is a bold I suppose. There are people around here cent labor, if you are someone who move for the Federal Reserve Board. who lose a cuff link worth $500, I reck- works in a company that has now told Now it is up to Congress to do some- on. But to a lot of people, $500 is very you times have changed, you no longer thing on the fiscal policy side. But it is significant. We cannot—I emphasize— get health care and your retirement just a step, an important step. Psycho- we cannot pass a stimulus package and program is gone and if you don’t accept logically, we must take this step, or walk out of that door with our heads a $2-an-hour decrease, your job is going markets and others would have an apo- high if we decide 20 million senior citi- to Shenzhen, China, you are somebody plectic seizure. So we write a piece of zens don’t count, that these senior citi- who is having a tough time with things legislation in the Finance Committee, zens won’t be included. in recent years. try to bring it to the floor of the Sen- There is another issue in this piece of Then, all of a sudden, we see the ate, and we have people doing all kinds legislation that we passed out of the subprime mortgage scandal. The of gymnastics on the floor. They say: Finance Committee. It is something subprime mortgage scandal is an unbe- Well, this is loading up a bill with or- that for anyone who has studied rudi- lievable scandal with greed in every di- naments and goodies and projects and mentary economics 101. It is one of the rection, the brokers making massive so on. economic stabilizers in our economy: amounts of money with fast-talking I guess they want to avoid the obvi- When there is an economic slowdown, sales pitches to a lot of folks, putting ous. The obvious difference that exists you extend unemployment benefits. It them in a new subprime loan at a 2-per- with this stimulus package is very sim- is axiomatic that when there is a slow- cent interest rate that will reset 3 ple. This stimulus bill, coming out of down in the economy, you must extend years later at rates people have no ca- the Finance Committee, is supported unemployment insurance benefits. We pability of paying; just buy it and flip by the Democratic chairman and the have always done that. Yet those who it in 2 years, and you will make a lot of Republican ranking member. Senators object to what we have passed out of money. BAUCUS and GRASSLEY said this: If you the Senate Finance Committee are The mortgage companies that were are going to stimulate the economy saying, no, you can’t do that. Don’t advertising on television were saying: and you are going to give $500 rebates, support that. We don’t support giving Hey, get a mortgage from us. If you you need to include the 20 million rebates to senior citizens who need it have had bankruptcy, no problem. You lower-income senior citizens who would and we don’t support extending unem- have trouble, you have bad credit, no not get a rebate under the House- ployment insurance benefits to those problem. Can’t pay your monthly home passed stimulus plan. at the bottom of the economic ladder bills, no problem. We will give you a Folks who work in this Chamber, who have lost their jobs. loan. Come to us. Bad credit, come to take a shower in the morning, put on a Again, there is no one in this Cham- us. blue suit, and come to work, are not, in ber who would have lost their job dur- You saw the ads. All of us saw those most cases, trying to count their pen- ing this slowdown. No one in this ads. Those mortgage companies and nies to see if they will have enough for Chamber is going to go home and say, brokers together ratcheted up this soup and medicine the rest of the week. Honey, today wasn’t a very good day. I huge bubble. Then what they did is, But there are a whole lot of folks, sen- was given notice that my job was over. when they sold these subprime mort- ior citizens especially, living on fixed It wasn’t my fault. I worked pretty gages, they cut them up like sausage. incomes who have an awful time mak- hard, but I was given notice that I am Just like meat-packing plants filled ing it stretch month to month. I meet no longer needed. Nobody in this sausage with sawdust for filler, they a lot of them, especially a lot of older Chamber will have to get that message. sliced up these mortgages, women living alone in many cases, try- But there are a whole lot of people in collateralized debt obligations—some ing to figure out: How do I make this this country who have experienced subprime, some decent loans—and income stretch to be able to pay for my that. securitized them and sold them, and medicine and to buy the food and pay So when we talk about the economic nobody knew what they had. All of a the rent? stimulus package that came out of the sudden, people can’t pay their house I mentioned medicine. Senior citi- Finance Committee, the major dif- payments. Interest rates get reset. zens are about 12 percent of the popu- ferences are simple and easy to under- They have no capability of paying. We lation. They consume one-third of all stand. We say 20 million senior citizens have substantial bankruptcy, home prescription drugs. One of the fastest cannot be left out of an opportunity for foreclosures—it is a huge mess. It has growing elements of health care is the the rebate check. They too will stimu- caused a serious drag on the economy. cost of prescription drugs. You can’t do late this economy. They especially Couple that with this President’s fis- a stimulus package and decide that need that help. We say when those who cal policy in which we have a $600 bil- some 20 million senior citizens should have lost their jobs during an economic lion requirement to borrow in this fis- not participate. You are going to give a downturn and have run out of unem- cal year alone and a $700 billion trade rebate to the American people to try to ployment benefits, that their benefits deficit, $2 billion a year that we import stimulate the economy, and you are should be extended, as we have always more than we export. That is $1.3 tril- going to say grandpa and grandma extended them during an economic lion in debt this year on a $13 trillion don’t apply, they don’t count? What downturn.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1336 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 Yesterday, President Bush sent us a of nails that were ordered to Iraq and they are going to come back and help new budget, and it reflects much of they were too short. They are laying in pay the bill. Now, that is nearly $700 what I have described of the priorities the sand now, discarded, because none billion—nearly three-quarters of a tril- that seem to be completely backwards. of that matters. Henry Bunting said lion dollars, not a penny of it paid for. The President’s priorities are: Let’s Halliburton said: Don’t worry about it. Not a cent. continue to borrow, borrow, borrow The taxpayer picks up the tab. He held Don’t ever talk to me again about more money. Let’s decide to cut sub- up this towel. He said: This is an exam- what is liberal or what is conservative. stantially here at home the invest- ple of everything that is wrong. My job If this is a conservative President, as ments we should make in this country. was to order towels for the troops, he claims, saying let’s add almost I spoke to a group about a half an among many other things. He said: I three-quarters of a trillion dollars to hour ago that is very interested in filled out a requisition to order towels Federal indebtedness because we don’t rural water investments. All of us who for American troops in Iraq, and I or- have the courage to ask the American come from rural States understand the dered white towels. He said: My super- people to do what we should do, and urgency of getting good water to our visor at Kellogg, Brown, & Root said, that is pay for that which we are pur- communities. Rural water systems are No, no, no, that is not the towel we are suing in Iraq—on top of this added to unbelievably important. The President, going to order. You are going to order the debt, the budget we received yes- as one example in this budget, said: a towel that has KBR embroidered on terday is an almost unbelievable de- Let’s cut funding for the Corps of Engi- the towel, the initials of the con- scription of what has gone wrong and neers by $851 million. Let’s cut funding tracting company, the Halliburton sub- what will continue to go wrong as long for the Bureau of Reclamation by $183 sidiary. Henry said: Yes, but that is as this administration doesn’t recog- billion. He said: Let’s cut water fund- going to quadruple the cost. It is going nize the unbelievable danger that ing for projects that will bring quality to cost four times more to buy a towel comes from fiscal policy debt and trade debt. drinking water to people around this like that. His supervisor said: It As I indicated earlier, we are doing a country in rural areas; let’s cut that by doesn’t matter. This is a cost-plus con- stimulus package. I strongly support about $1 billion. tract. The taxpayers are going to pay that which came out of the Senate Fi- I say consider this: In the President’s for this. This is just a towel. It is a nance Committee. I strongly support budget, he said, let’s cut water project towel that costs four times what it the notion that we must include lower funding in our country—the infrastruc- should have cost for the American tax- income seniors; we must include, for ture investment that will bring divi- payer. But it is not just a towel; it is a example, the stabilizers we have al- dends for years—let’s cut that by $1 brand new $85,000 truck that has a flat ways included of extending unemploy- billion. This is from the Special Inspec- tire, and because it has a flat tire and ment insurance. All of that is very im- tor General for Iraq. The Special In- they cannot fix it on the road because portant. When we are finished with spector General for Iraq says, we are they didn’t have the right wrench, they that, we must say to this President and now, American taxpayers, funding 967 leave it there to be torched; or an to the next occupant of the White water projects in the country of Iraq. $85,000 brand new truck that has a House that we have structural prob- We are going to cut $1 billion in water plugged fuel line that is left to be set lems that cannot wait. We cannot pos- projects in this country, and we are on fire. Why? The American taxpayer sibly have a growing, vibrant American funding 967 water projects in Iraq. We will pay for all of that. That is not a economy that expands opportunity for are designing and constructing the problem. Nobody will even know, ex- the American people unless we put our Ifraz main water supply project, $194 cept I know, and some of my colleagues fiscal house in order. In terms of prior- million. We are doing the Haditha know. Nobody seems to care, however, ities, we can’t be American leaders and project, the Baladrooz water supply in the executive branch. Nobody. say: Oh, by the way, let’s cut $1 billion project; we are building the water sup- When I see what is now coming to us in water projects in the United States, ply project at Meshkab. We are design- in this budget—it is interesting. When and Katy bar the door, here are 967 sep- ing and constructing the water supply I talk about this issue of a hand towel arate water projects we want to fund in project at Nassriya. The list is long—I with the embroidered initials of the Iraq. We are going to say we can’t build could read this for a long while. The Halliburton subsidiary, Kellogg, Brown hospitals in the United States, but we water treatment plant in Sadr City, & Root, that cost four times more, but will build hospitals in Iraq. We say we the water treatment plant in Al they said, don’t worry, it doesn’t mat- don’t have enough money to rehabili- Wathba. ter, the taxpayers pay for that. We tate the schools in the United States, There is plenty of money, apparently, don’t care about that. All of this is but we will build the schools in Iraq. as long as it is overseas someplace. funded out of these emergency requests My point is it is long past the time to There is just not enough money to take sent to us by the President. Here is start taking care of a few things here care of things here at home. It is unbe- what he has done. It starts again this at home, and this President’s budget is lievable to me. year. a completely bankrupt budget. This By the way, while I am at it, most of In 2002, the President said: We are President’s budget says the following: this is done with contract work. We going to fight a war, and I want $49 bil- This President’s budget says he will hire contractors. There is the greatest lion, and I want it now, and I want it take our Federal debt from $8.9 trillion waste, fraud, and abuse in the history declared an emergency, and we are not to $12.2 trillion in the next 6 years. of this country with the hiring of those going to pay for it. We are going to put Think of that. That is a complete abdi- contractors. I brought this item to the it on top of the debt. cation of responsibility. It means we floor a number of times—and I want to In 2003, he said: I want $76 billion. I have no leadership. It falls on our do it again, because I held about 17 want all of it declared an emergency shoulders, it seems to me, to begin hearings on this subject. I ask unani- and we are going to put it on the debt. using some modicum of common sense, mous consent to show this towel on the We need that for the war. In 2004, he and we intend to do that. floor of the Senate. said: I want $87 billion. We are not I have some other things I was going This towel was brought to us by going to pay for it. Add it to the debt. to visit about today, but I want to wait Henry Bunting. Henry Bunting was a In 2005: I want $82 billion. In 2006: I because some of my colleagues are on purchaser in Kuwait for the Halli- want $92 billion. In 2007, he said: I want the floor. I don’t know whether Sen- burton Corporation, their subsidiary $103 billion. Last year, for fiscal year ator REID is ready with the unanimous Kellogg, Brown, & Root. I had a hear- 2008, he said: I want $193 billion. That is consent request, but when he is, I cer- ing about waste, fraud, and abuse in $16 billion a month, $4 billion a week. tainly would want him to do that. I contracting which is hair raising: $45 He said: I don’t want any of this paid also know my colleague Senator SAND- for a case of Coca Cola, $7,500 to rent for. I want to add it to the debt, be- ERS from Vermont is on the floor as an SUV per month. How 50,000 pounds cause I am sending soldiers to war and well.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1337 I would be happy to wait until after sume consideration of S. 2248, the FISA out of step with what ordinary Ameri- Senator SANDERS makes a presen- legislation, notwithstanding rule XXII, cans feel and believe. tation. But I want to make a presen- and that the pending amendments be While providing hundreds of billions tation about a couple additional issues set aside for the purpose of offering of dollars in tax breaks for the wealthi- that relates to some of this. amendments as follows: Nos. 3912, 3913, est people in our country—the wealthi- At this point let me relinquish the 3907, two by Senator FEINGOLD and one est three-tenths of 1 percent—over the floor, and perhaps I could ask unani- by Senators DODD and FEINGOLD; and next decade, the President, at the same mous consent that after Senator SAND- that this would be for debate only— time, has proposed major cuts in ERS is finished, I be recognized. they are on the list, and the unanimous health care, in low-income heating as- The PRESIDING OFFICER (Mr. NEL- consent is now before the body—and sistance, in weatherization, in nutri- SON of Nebraska). The majority leader that all time count postcloture to the tion, in housing programs, and in other is recognized. stimulus package now before us. basic needs of low- and moderate-in- ORDER OF PROCEDURE The PRESIDING OFFICER. Is there come Americans. That is a set of val- Mr. REID. Mr. President, I tried to be objection? ues which I think reflect badly on the very patient. I have been waiting for an Mr. MCCONNELL. Mr. President, re- White House and does not reflect the hour to have some Republican come to serving the right to object, and I will values of the American people. the floor so I may offer a unanimous not object, we had a vigorous discus- In my view, this is a Robin Hood-in- consent request. I don’t know how sion at lunch about moving forward on reverse budget. This is a budget which much more patient I need to be. The this bill. I think I am safe in saying takes from the poor to give to the rich. unanimous consent simply says we are that the overwhelming majority of the This is a budget which cuts program- doing nothing today; can’t we at least members of the Republican caucus ming for those most in need and gives have amendments offered on FISA. I would like to have been voting today billions of dollars in tax breaks for was talking with staff, Republican and on amendments; nevertheless, that ap- those least in need. This proposed Democratic staff. I understood that pears not to be possible. So at least we budget simply tells us—again, if we was something we could do. But now can debate these three amendments didn’t need this reminder—just how maybe we can’t even do that. and get started in that way. I think out of touch this administration is I have called Senators. I have called that is a step in the right direction. with the needs of working Americans. Senator DODD and he is willing to come Mr. REID. Mr. President, further, Let me be very clear. I am a member here and offer his amendment. Senator other Senators may want to come and of the Budget Committee, and I intend FEINGOLD is willing to come and offer consult with my friend, the Republican to do everything I can to make sure two amendments. Senator WHITEHOUSE leader, to see if there would be oppor- that President Bush’s budget is re- is willing to come and offer his amend- tunities to offer their amendments. jected and that we bring forth in the ment. We have people ready to work. Senator BOND has two. Senators Senate a new budget that reflects the But this is Super Tuesday, and at this WHITEHOUSE and SPECTER have one. priorities of the vast majority of the late hour—Senator KLOBUCHAR is leav- people in our country and not just the ing in a few minutes to go back to Min- They agreed to come over. I think Sen- wealthy few. nesota. They have a primary there to- ator FEINSTEIN has an amendment. Most Americans understand that our night. The same in Illinois. A number This would be a big help, to get rid of health care system is disintegrating. of other Senators have left. these three today. But we are willing to debate these There is an order before the body Everybody knows that. Since President amendments to speed up what we are that when Senator SANDERS finishes Bush has been in office, 8.5 million trying to do. The President came out his statement, the Senator from North Americans have lost their health insur- today with—it is difficult to com- Dakota will be recognized. How long ance, 47 million Americans are now un- prehend this. He came out with a veto will he be speaking? insured, and the cost of health care is threat on FISA. Now, try that one on Mr. DORGAN. I will be no more than soaring. How does President Bush re- for size, everybody. The President has 10 minutes and probably not that long. spond to the growing crisis in health issued a veto threat on FISA today Mr. REID. Would Senator FEINGOLD care? Well, it is an unusual response: when we don’t have anything for him be ready then? He slashes funding for Medicare. He to veto. Maybe he has come to the con- Mr. FEINGOLD. Yes. slashes funds for Medicaid. He cuts clusion that he doesn’t like the Intel- Mr. REID. I yield the floor. rural health care programs. In other ligence Committee-reported bill. But The PRESIDING OFFICER. The Sen- words, he is making a bad situation that is where we are. The President has ator from Vermont is recognized. even worse. stated he wants to veto FISA. I guess Mr. SANDERS. Mr. President, let me As I have said, Mr. President, we are he is becoming impatient to become concur with Senator REID. The Amer- living in a period where our health care relevant. I don’t know what to say. ican people want us to begin to get system is disintegrating. More and It is obvious there would be an objec- work done for them. It is high time we more people lack health insurance. The tion, because we can’t even get some- did that. costs are soaring, premiums are going one here to object, so I won’t offer this I also congratulate the Senator from up, copayments are going up, and because I would like to have one of my North Dakota and share his concerns deductibles are going up. The Presi- colleagues here, but I was going to ask about many of the points he made, not dent’s response to this crisis is to sav- unanimous consent to resume consider- the least of which, if we are going to agely cut Medicare, Medicaid, rural ation of the FISA legislation, notwith- spend hundreds and hundreds of bil- health care programs, and other health standing rule XXII. I was going to spe- lions of dollars on this war in Iraq, that care programs. What logic is there in cifically mention amendments my bill should not be left to our children making a bad situation even worse? folks are willing to offer. The Repub- and our grandchildren. We should at But it is not just health care. licans also have amendments to offer. least have the decency to pay for that I understand that it would be asking Senator BOND has a couple. But it is ourselves. too much for this President to take on obvious that this is slowdown time, so Mr. President, I wish to say a few the insurance companies and take on I will not offer the unanimous consent words this afternoon about the budget the drug companies and move us to- request unless I hear something from— President Bush brought before us yes- ward a national health care program, here it is 4:15 in the afternoon, and the terday and tell you I was extremely which every other major country on only thing we have heard today dealing dismayed by what was in that budget Earth has. We are the only country in with FISA is the President’s threat to and what was not in that budget. the industrialized world that doesn’t veto something that doesn’t exist. Frankly, in my view, this budget is un- guarantee health care to all people. I Mr. REID. Mr. President, I ask unan- conscionable, and it reflects priorities understand the President is not going imous consent that the Senate now re- that are hard to imagine and are way to do that, but at the very least, he

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1338 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 should not be adding more people to There is a program which, in As many Americans know, since the rolls of the uninsured. At the very Vermont, works very well—the Com- President Bush has been in office, the least, at a time when we have some modity Supplemental Food Program. It middle class has been decimated, pov- 17,000 Americans who are dying every provides a free package of groceries erty has increased, and the gap be- year because they lack health insur- every month to low-income seniors. tween the very wealthiest people in our ance, he need not make a terrible situ- People all over the country utilize this society and everyone else has grown ation even worse. program. They need this program. The wider. In fact—and we do not talk In the State of Vermont and through- President may not know this, but hun- about this terribly much, although we out many parts of our country, we have ger is on the upsurge in America. In should be talking about it—the United experienced extremely cold weather this great country, more and more fel- States today has by far the most un- this winter. There are parts of America low citizens are going hungry. What we equal distribution of wealth and in- where we have seen 20-below-zero are seeing is emergency food shelves come of any major country on Earth. weather. At the same time, the price of not having enough food to feed des- In fact, our distribution of wealth and home heating oil is soaring. In fact, it perate people all over America. And income is increasingly looking like has more than doubled since President the President’s response to this crisis Mexico, it is looking like Brazil, it is Bush has been in office. The result is is to cut back or eliminate the Com- looking like those poor developing that the LIHEAP program, Low In- modity Supplemental Food Program. countries and certainly not looking come Home Energy Assistance Pro- What is the moral justification for like Europe, Scandinavia, Canada or gram, which keeps millions of seniors doing that? I don’t know. other industrialized nations. and lower income households warm in I am a member of the Veterans’ Com- Mr. President, as you are more than the winter, is stretched to the breaking mittee, and I am proud that last year, aware, there are a lot of facts and fig- point. The simple truth is that when against opposition from the White ures that are thrown out on the floor of home heating costs soar, either States House, we substantially increased fund- the Senate, but let me mention one will cut back per person or they will ing for the VA and are providing bil- statistic that I hope all Americans will deny large numbers of people any heat- lions more so that veterans can gain pay attention to and to which I hope ing oil at all. That is the reality the access to quality care in VA hospitals my colleagues in the Senate will pay States face. and clinics. Despite all of his rhetoric attention. And that is, according to the I understand President Bush has no about how much he loves and respects latest available statistics, the wealthi- problem with the fact that his friends the troops, this President, in his budg- est 300,000 Americans—men, women, at ExxonMobil have just announced the et, has proposed a very large increase and children—300,000 take in more in- largest profits in the history of the in health care fees for veterans who ac- come than the bottom 150 million. In cess VA facilities. The increases would world for the third consecutive year— other words, the upper one-tenth of 1 range from $250 to $750. What is the over $40 billion in profits in 2007. I percent, 300,000, people earn more in- goal there? It is very clear. The goal is know he has no problem with that. I come than do the bottom 50 percent. to drive veterans—low-income vet- know he has no great problem with the One-tenth of 1 percent, 50 percent, erans—out of the VA system so the VA fact that home heating oil prices are more income for the top one-tenth of 1 can save money. Thank you very much, now at over $3.30 a gallon. I know he is percent. In my view, that is not what Mr. President. not worried about the fact that a few A week ago, the President, in his America is supposed to be about, but years ago, the former CEO of State of the Union Address, was telling that is the direction in which we are ExxonMobil, Mr. Raymond, received a us how much he loved and respected moving. That gap between the people $400 million retirement package from the veterans. Now he is raising fees for on top, a handful of people, and every- that company. From President Bush’s VA health care with the explicit goal body else is getting wider and wider. perspective and ideology, I suppose of driving veterans out of the VA For those people who live in the bot- those are good things. health care system. That is wrong but, tom 90 percent of the population, the Despite the President’s lack of con- frankly, it is consistent with what overwhelming majority of our people, cern about rising fuel costs, it really is President Bush did some years ago their average income was $33,000 way beyond comprehension that he would when he completely eliminated access back in 1973 before globalization, be- slash the LIHEAP program by $570 mil- to the VA for so-called category 8 vet- fore computers, before a huge increase lion in his budget—a 22-percent reduc- erans, who were too wealthy. These in worker productivity. Thirty-five tion from last year. Imagine that. The were veterans who didn’t have service- years have come and gone, and today, cost of home heating oil is soaring, connected disabilities, were not wound- inflation accounted for dollars, that LIHEAP is under great strain and it ed, but had incomes of over $27,000 a average income has declined from cannot do what it did last year for lack year. They were too wealthy to access $33,000 to $29,000. That is a $75-a-week of funding, and President Bush’s re- VA health care. pay cut. That is called the collapse of sponse is: Let’s cut another half-billion Well, I say to President Bush, at a the middle class: people working longer dollars from LIHEAP. time when tens of thousands of our sol- hours, they are making lower wages. What are people supposed to do next diers have been wounded in Iraq and That is the reality facing tens of mil- year under Bush’s budget when the Afghanistan, please do not balance lions of our fellow citizens. weather gets cold? What do old people your budget on the backs of our vet- That explains to my mind why in who are living on Social Security and erans. yesterday’s Washington Post a front cannot afford the outrageously high Since George W. Bush has been in of- page story was headlined: ‘‘U.S. Con- prices for home heating oil do? Do they fice, we have seen recordbreaking defi- cern Over Economy is Highest in freeze to death? Do they move in with cits, and our national debt is now $9.2 Years.’’ It doesn’t take a genius to fig- their kids? How many blankets do they trillion—$3 trillion more than when he ure that out. People go to the gas have to throw on themselves? How do came into office. pump and pay $3.15 for a gallon of gas. you treat old people when it gets cold? All of us in Congress want to move They go to work and the boss says: You don’t slash LIHEAP by $570 mil- this country toward a balanced budget Sorry, you no longer have health insur- lion. That is pretty cruel. and to make sure our kids and grand- ance. Oh, I can’t afford to pay my At a time when millions of low-in- children are not left with this enor- mortgage; I am losing my house. Oh, come seniors are struggling to survive mous debt Bush has accumulated. But too bad, 3 million Americans lost their on inadequate Social Security benefits, there are right ways to move us toward pensions last year. this President, in his budget, wants to a balanced budget and there are wrong In area after area, in almost every cut back on nutrition programs for ways to do it and George W. Bush’s aspect of middle-class life, people are low-income seniors, in addition to cut- budget moves us exactly in the wrong getting hit. Then when they go to the ting back on senior housing. direction. grocery store and have to use their

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1339 credit card to buy their groceries be- again begin to have faith in their Gov- takes some genius apparently. It was cause they don’t have the cash avail- ernment, that they know those of us estimated by the National Taxpayer able, they find they are paying 28 per- who are elected are prepared to stand Advocate that if the same money, just cent in interest rates so Wall Street with them rather than the millionaires over $70 million that was invested in can become wealthier. That is what is and the billionaires and their lobbyists this program, had been invested in hir- going on, and that is why the American who have so much power over this in- ing the agents at the Internal Revenue people are outraged about what is stitution. Service, generally based on what they going on in terms of the middle class. We need, for a start, to reject the calculate, they would have collected I have to tell you I find it literally President’s budget, rewrite that budget $1.4 billion. So for this investment, the beyond belief that with poverty in so it works for ordinary people. We IRS could collect $1.4 billion or they America increasing, with the middle need to pass a stimulus package which could lose $50 million. Talk about stag- class shrinking and with the wealthiest represents the needs of our seniors, our gering gross incompetence. people in our country having it better veterans, the middle class, working It would be kind of nice to put in the than at any time since the late 1920s— people. We need to do that now, and we RECORD the names of every person who incomes are soaring for millionaires need to build on that. Not only do we was involved in the administration so and billionaires, a huge growth in the need to reject the President’s disas- they can somehow be recognized in a number of millionaires and billion- trous budget, but more importantly, ‘‘Hall of Shame.’’ How on Earth do you aires—in the middle of all that, what we need to reclaim the faith of the lose $50 million at the Internal Rev- President Bush is saying is he wants to American people. Mr. President, I look enue Service with a program as goofy repeal the estate tax which would pro- forward to working with you to do as this one? Again, take delinquent vide $1 trillion in tax relief to whom? that. taxes, give them to private debt collec- To the top three-tenths of 1 percent; $1 The PRESIDING OFFICER. The Sen- tion, and lose $50 million, or take the trillion going to the top three-tenths of ator from North Dakota. same amount of money and invest it in PRIVATE DEBT COLLECTION FOR THE IRS IRS collection and collect $1.4 billion. 1 percent. That is what this budget, What is the choice? The President’s this Robin-Hood-in-reverse budget is Mr. DORGAN. Mr. President, I had wished to conclude a couple of com- people said the choice is to give it to all about. the private collection agencies because If you are old and you are having a ments in morning business, after which we like to privatize everything, and difficult time heating your home, I believe the Senator from Wisconsin, they end up losing $50 million. That is President Bush is going to cut the pro- Mr. FEINGOLD, will want to begin dis- unbelievable. gram that keeps you warm. If you are cussing an amendment. I talked about the stimulus package and about the We are going to try once again this low income or a working person in need year—and I think we will succeed—to of health care, President Bush wants to economy generally. I wished to talk about two issues I have been working shut this program down. Aside from cut the programs that help you. If you losing $50 million, we have had experi- are a veteran who has put your life on on that I think need to be resolved. First, it is almost unbelievable to ence with this program before. It was the line defending this country, the me, but there is a tiny little issue—not tried before. It was a miserable failure President wants to make it harder for so tiny perhaps to some—that needs to when it was tried previously. We have you to access VA health care by sub- get fixed. This administration decided examples of what happens when private stantially increasing your fees. If you they wanted to farm out the collection debt collectors get ahold of these are a low-income person in a home of taxes owed to the Federal Govern- things. First of all, you have very sen- which lacks insulation and you are ment to private debt collectors. A sitive information about people’s lives, spending all kinds of money trying to number of us—myself, Senator MUR- the financial information on tax re- keep your house warm, the President RAY, and others—objected strenuously. turns. There are criminal penalties for wants to completely cut back and We tried that before, and it didn’t dealing with that information. You are eliminate the weatherization program. work. The administration pushed going to farm that out. They say: We That is the bad news. But if you are a ahead. We passed a funding prohibition will farm it out, but we will protect the billionaire, if you are one of the through the Senate Appropriations information. wealthiest families in America, in this Committee. The full U.S. House passed It makes no sense at all to have been very same budget, the President wants a bill saying don’t do this. Nonetheless, through this and then to farm it out to to give you huge tax breaks. Cutbacks the Internal Revenue Service and the a private debt collection agency and for those in need; tax breaks for bil- Bush administration pushed and find one elderly couple who gets 150 lionaires. pushed very quickly. So they decided telephone calls over 27 day from a col- Let me give one example. If the es- to farm out tax debt collection. lection agency. It turns out they were tate tax is completely repealed, as What they did was put taxes that not the taxpayers who were being President Bush wants that to take were owed and not paid in the hands of called but, nonetheless, their phone place, one family, the Walton family, private debt collectors. Now we have rang 150 times. That is the kind of which owns Wal-Mart, which is worth had 1 year of experience with it, and I thing that goes on and shouldn’t, in ad- about $82 billion, that one family will want to share with my colleagues what dition to the incompetence of losing $50 receive over $30 billion in tax relief. has happened. It is almost breath- million. We hear on this Senate floor a lot taking to hear. Senator MURRAY, myself, and many about morality, right? We hear a lot What has happened at the end of a others are going to fix this problem. It about values. I want to know what year is the cost of administering the is important the American people un- kind of moral values there are when program to provide these delinquent derstand what happened, and someone there are some people, including the taxes to debt collectors for collection needs to be accountable for it. President, who would give one family, has exceeded the revenue by $50 mil- STRATEGIC PETROLEUM RESERVE an enormously wealthy family, a lion. In other words, we have a project I wish to mention one additional multibillion-dollar family, $30 billion where the Internal Revenue Service point because tomorrow Secretary in tax breaks and then cut back on the says we are going to take some of these Bodman is coming to Capitol Hill. He is needs of millions and millions of low- areas where the taxes haven’t been the Secretary of Energy. I have great income and working families? What paid, we are going to give them to pri- respect for Secretary Bodman. I work kind of moral values does that speak vate debt collectors, and we are going closely with the Department of Energy. to? to give them a commission for col- I chair the appropriations sub- We have a lot of work in front of us. lecting it. So at the end of a year, the committee that funds all the water and We have to completely rewrite Presi- IRS lost $50 million. energy projects in our country. So I dent Bush’s budget. We need to work I don’t know how you lose $50 million have a relationship with the Depart- hard so the people of our country once when you are collecting taxes. That ment of Energy. I like the Secretary

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1340 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 and I like some of the people who work for gasoline. Instead, the administra- communications involving persons inside the for him down at the Department of En- tion is intent on taking that oil and United States. ergy. But there is something going on sticking it underground. That will have Cardin amendment No. 3930, (to amend- down there that bothers me a lot, and the impetus of pushing gas prices up. ment No. 3911), to modify the sunset provi- sion. I intend to talk to the Secretary about Now, some would say: We are not Feingold/Dodd amendment No. 3915 (to it tomorrow. talking about a large portion of oil amendment No. 3911), to place flexible limits At a time when oil is priced at $90 to here. Well, no, it is true, we are only on the use of information obtained using un- $100 per barrel and when the Strategic talking about 12.3 million barrels in lawful procedures. Petroleum Reserve—that is oil we the next 6 months—8.4 million barrels The PRESIDING OFFICER. The Sen- stick underground that is saved for a from August to January. Is that a mas- ator from Wisconsin. rainy day, a national emergency or a sive quantity of oil? No. But we have Mr. FEINGOLD. Mr. President, I ask time when we desperately need the had witnesses testify before the Senate unanimous consent that the pending oil—at a time when the Strategic Pe- Energy Subcommittee and the Home- amendment be set aside so that I may troleum Reserve is 97 percent filled, land Security Permanent Sub- call up an amendment. this administration is taking oil committee on Investigations that the The PRESIDING OFFICER. Without through royalty-in-kind payments government is taking light sweet objection, it is so ordered. from producers in the Gulf of Mexico crude, which is part of a smaller subset AMENDMENT NO. 3913 TO AMENDMENT NO. 3911 and sticking it underground. They are of more valuable oil, and putting it un- Mr. FEINGOLD. Mr. President, I call taking oil out of the supply pipeline derground that has the effect of in- up amendment No. 3913. that should have gone into the supply creasing the price of gasoline. The PRESIDING OFFICER. The pipeline, at a time when we have these So I am going to ask the Secretary a clerk will report. unbelievable prices for oil, and sticking lot about this issue tomorrow when he The assistant legislative clerk read it underground in domes to increase appears before the Senate Energy & as follows: the supply in the Strategic Petroleum Natural Resources Committee, and I The Senator from Wisconsin [Mr. FEIN- Reserve. It is exactly the wrong thing intend to address this in the appropria- GOLD], for himself, Mr. MENENDEZ, and Mr. to do at this point in time. It is exactly tions process this year so that we can DODD, proposes an amendment numbered what we should not be doing. prevent this from happening further. 3913. From August of 2007 to January 2008, At least until the point we have seen Mr. FEINGOLD. Mr. President, I ask 8.4 million barrels of oil were taken out the price of oil come back down. My unanimous consent that the reading be of the supply. That is oil that was legislation proposes a prohibition from dispensed with. given as a payment in kind for the roy- filling the Strategic Petroleum Re- The PRESIDING OFFICER. Without alties our Government was owed. In- serve for 1 year or at least until a time objection, it is so ordered. stead of taking that and putting it into when the price of oil comes back below The amendment is as follows: the supply, using the money to reduce $50 a barrel. (Purpose: To prohibit reverse targeting and the Federal debt and having the oil in Again, the Strategic Petroleum Re- protect the rights of Americans who are the supply pipeline, the Dept. Of En- serve is nearly 96 percent filled. Why communicating with people abroad) ergy stuck it underground. So at near- would we put upward pressure on gas On page 6, line 6, strike ‘‘the purpose’’ and ly a hundred dollars per barrel, we are prices? Because the Federal Govern- all that follows through line 9 and insert the putting oil underground, which tends ment has decided to do things that following: ‘‘a significant purpose of such ac- to price gasoline at a much higher rate would put upward pressure on gas quisition is to acquire the communications because you are diminishing supply at prices by putting oil underground at a of a particular, known person reasonably be- a time when that is the last thing we time when we have hundred-dollar-per- lieved to be located in the United States, ex- cept in accordance with title I;’’. should do. barrel oil. It defies common sense. You Now, the strategic petroleum reserve On page 7, line 7, strike ‘‘United States.’’ couldn’t find two people in Mike’s Bar and insert the following: ‘‘United States, and is filled with about 700 million barrels in Regent, ND, to make a judgment that an application is filed under title I, if of oil. The administration’s approach like that after they have been there a otherwise required, when a significant pur- is: Well, let’s top it off. Let’s fill it to couple hours. Just common sense pose of an acquisition authorized under sub- 727 million barrels of oil. The adminis- would tell you this makes no sense and section (a) is to acquire the communications tration just awarded three companies we ought to stop it, and I intend to of a particular, known person reasonably be- contracts—Shell, Sunoco Logistics, visit about this at some length with lieved to be located in the United States.’’. On page 9, between lines 9 and 10, insert and B.P. North America—to place an the Secretary tomorrow when he comes additional 12.3 million barrels of roy- the following: before the Senate Energy Committee. ‘‘(iii) the procedures referred to in clause alty-in-kind oil into the Strategic Pe- Mr. President, I yield the floor. (i) require that an application is filed under troleum Reserve for the next 6 months. f title I, if otherwise required, when a signifi- So that means another 12 million bar- cant purpose of an acquisition authorized rels will be taken out of supply and FISA AMENDMENTS ACT OF 2007 under subsection (a) is to acquire the com- stuck underground. The PRESIDING OFFICER (Mr. munications of a particular, known person reasonably believed to be located in the I mean, can anybody think of some- CASEY). Under the previous order, the United States; thing that makes less sense at a time Senate will resume consideration of S. when $100 or $90 or $80 a barrel of oil On page 17, line 2, strike ‘‘United States.’’ 2248, which the clerk will report by and insert the following: ‘‘United States, and exists? People are driving to the gas title. are reasonably designed to ensure that an pump and having to consider a mort- The assistant legislative clerk read application is filed under title I, if otherwise gage to fill their tank. Can’t anybody as follows: required, when a significant purpose of an think of something that we should A bill (S. 2248) to amend the Foreign Intel- acquisition authorized under subsection (a) rather do than take oil out of the sup- ligence Surveillance Act of 1978, to mod- is to acquire the communications of a par- ply pipeline and stick it underground? ernize and streamline the provisions of that ticular, known person reasonably believed to It makes no sense to me at all. Act, and for other purposes. be located in the United States.’’. So I am going to propose legislation Pending: Mr. FEINGOLD. Mr. President, this that says no more for filling the stra- amendment, approved by the Senate Rockefeller/Bond amendment No. 3911, in tegic petroleum reserve for the next the nature of a substitute. Judiciary Committee, assures the new year, unless oil drops below $50 a bar- authorities contained in this bill will Whitehouse amendment No. 3920 (to rel. Let’s take that royalty-in-kind oil amendment No. 3911), to provide procedures not be used to engage in what is known and put it in the supply pipeline and for compliance reviews. as ‘‘reverse targeting of Americans.’’ make sure it contributes to an increas- Feingold amendment No. 3979 (to amend- FISA requires the Government to get a ing supply and, therefore, lower prices ment No. 3911), to provide safeguards for court order when it is listening in on

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.000 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1341 Americans on American soil. Reverse will———such that the interception of the nificant interest in the American, it targeting refers to the possibility that communications of the person in the United can’t just plain fall through the cracks. the Government will try to get around States when targeting the foreigner overseas Now, of course, the FBI might also this requirement by using these new will not occur. If valid collection of the for- choose not to seek a warrant because it eign intelligence target indicates that the authorities to wiretap someone over- person in the United States is of intelligence doesn’t have a real case against the seas when what the Government really interest, NSA would disseminate an intel- American or because the Government wants to do is listen to the American ligence report with the identity masked to doesn’t want to tell the FISA Court the with whom that foreign person is com- the FBI, which could seek a FISA Court real reason it is interested in that municating. order to conduct electronic surveillance in American. So if the FBI doesn’t seek a The Director of National Intelligence the United States. If valid foreign intel- court order, can the NSA just listen in has testified that reverse targeting is a ligence is expected to be obtained by tar- indefinitely to the communications of violation of the fourth amendment. geting the foreign selector, any incidentally Americans so long as they are commu- collected information about the person in This amendment merely codifies that the United States would be handled in ac- nicating with a person overseas? I am constitutional principle. Specifically, cordance with NSA’s minimization proce- afraid to say, Mr. President, the an- the amendment says the Government dures. swer appears to be yes. According to needs an individualized court order How many times has NSA obtained a FISA the administration, the FBI, upon re- when a significant purpose of the sur- order to target a person in the United States ceipt of the identity of the American, veillance is to acquire communications where the initial target was a foreigner over- ‘‘can decide whether or not to follow of a person inside the United States. seas and a U.S. communicant became of for- up. NSA surveillance against the for- Now, this language is critical if we are eign intelligence interest? How many cases eign target would continue.’’ have there been where the target remains The Government’s apparent author- to protect the constitutional rights of the foreigner overseas and there have been Americans because the underlying bill multiple communications between that tar- ity to continue indefinitely its surveil- merely requires a court order if the get and a person in the United States such lance of the international communica- purpose of the acquisition is to target that NSA considered whether to obtain a tions of Americans is not limited to the American. FISA order to conduct electronic surveil- terrorism cases where the Government A member of the Intelligence Com- lance against the person in the United should at least have an incentive to mittee, the Senator from Georgia, has States? This is difficult to answer because seek warrants against an American. It said the underlying bill only prohibits NSA routinely provides information to the applies to all foreign intelligence. That FBI and it decides whether to follow up by includes the communications of an surveillance when the Government is getting a FISA order to conduct electronic targeting a foreigner solely—solely—to surveillance in the United States. For exam- American who is talking to a person listen to the American with whom that ple, if an analyst reviews an intercept and overseas who is not a terrorist suspect, foreigner is communicating. Now, what finds evidence that a party to the commu- is not suspected of any wrongdoing, does this mean? That means if the Gov- nication (not the target of the surveillance) and is not even an agent of a foreign ernment has any passing interest at all is a U.S. person, he would go through his for- power. Yet, no matter how interested in the foreigner being wiretapped, it eign intelligence calculus. That is, he deter- the Government is in what that inno- could intentionally conduct ongoing, mines whether the communication contains cent American has to say, if the FBI foreign intelligence. If he determines that it doesn’t think it is worth its while to long-term surveillance of an American does contain foreign intelligence, he would inside the United States without a war- disseminate a foreign intelligence report. seek a court order or if the FBI knows rant. Now, the DNI says that would be The report would mask the U.S. person’s it couldn’t get the order, the surveil- unconstitutional, but it appears to be identity as ‘‘U.S. person’’ under NSA’s mini- lance continues nonetheless. permissible under the current bill. mization procedures. Upon receipt, a cus- This raises serious constitutional Recently declassified exchanges be- tomer (here probably the FBI) would likely concerns, which is why the Rocke- tween the administration and congres- request that person’s identity. Under NSA’s feller-Levin bill, the alternative to the sional intelligence committees dem- minimization procedures, NSA would provide Protect America Act that the Senate it if the requester demonstrates that the re- considered back in August, required onstrate why the issue of reverse tar- quest is within the scope of its mission and geting is a very real problem. knowing the U.S. person’s identity is nec- procedures to seek a court order if According to the administration, ‘‘if essary to understand or assess the foreign in- electronic surveillance was ‘‘of the na- valid collection of the foreign intel- telligence in the report. In this case, the FBI ture or quantity as to infringe on the ligence target indicates that the person would likely meet that test and, upon re- reasonable expectations of privacy of in the United States is of intelligence ceipt of the identity, can decide whether or persons within the United States.’’ interest,’’ NSA would disseminate an not to follow up. NSA surveillance against Yet, in a recently released letter, the intelligence report to the FBI, which the foreign target would continue. DNI complained about this require- can request the identity of that person Mr. FEINGOLD. Mr. President, this ment, saying it would take months to and ‘‘which could’’—I repeat, could— confirms that when the Government make this determination, that they ‘‘seek a FISA court order to conduct has an interest in an American, it is couldn’t determine in advance what electronic surveillance in the United entirely up to the discretion of the FBI such a procedure would say. In other States.’’ to decide whether the Government will words, even as the administration Mr. President, I ask unanimous con- seek a warrant to listen to that Ameri- sought and obtained broad new au- sent to have printed in the RECORD the can’s communications. But the FBI thorities to collect communications of declassified documents to which I am may not seek a warrant for any num- Americans, the administration refused referring. ber of reasons, including lack of re- to even consider when it might be vio- There being no objection, the mate- sources, insufficient coordination with lating the Constitution. rial was ordered to be printed in the other elements of the Government, or If the administration can’t assure us RECORD, as follows: simple incompetence. A recent Justice that they respect the Constitution, When NSA is acquiring the communica- Department inspector general report Congress needs to step in. For all their tions of a person in the United States during finding that the FBI’s court-approved promises that reverse targeting is not its targeting of a foreigner overseas, is it surveillance was disrupted because the occurring, the record is clear there is reasonable to impose a time limit on NSA’s Bureau failed to pay the telecommuni- nothing to stop it, and the administra- determinations of whether to target the per- cations company on time should give tion has resisted establishing proce- son in the United States or drop that indi- us cause for concern. dures to protect the rights of Ameri- vidual? It is not reasonable to impose time In this case, this amendment would limits on NSA’s targeting determinations in cans. At the same time, it has sought this manner. If frequent contacts occur be- actually help us to stop terrorists by to remove the FISA Court’s ability to tween the foreign target overseas and a per- requiring that when a foreign terrorist protect those rights. son in the United States and if there is no talks to a person in the United States This bill denies the FISA Court any foreign intelligence to be obtained, analysts and that communication prompts a sig- role whatsoever in determining or

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It is not reassuring that the becomes of the communications of suspect overseas even when that person intelligence community cannot cur- Americans that are collected. is communicating with an American at rently collect all international commu- Mr. President, it is clear this admin- home. The bill does not simply apply to nication. This bill does not sunset for istration won’t protect the constitu- terrorist suspects, however. It permits years. What is technically possible in tional rights of Americans, and unfor- warrantless collection of communica- this area changes rapidly. Given the tunately, in the PAA, Congress passed tions between law-abiding Americans potential impact on the privacy and legislation denying the courts any and people overseas who are not sus- constitutional rights of Americans oversight role. It is critical Congress pected of doing anything wrong at all. posed by bulk collection, Congress act to remedy this great problem. We That is a problem that needs to be ad- needs to act now. The DNI has put us have a unique opportunity to protect dressed. But this bill does not just on notice that bulk collection is both the Constitution and stop abuses before allow the targeting of conversations of authorized and, in his words, desirable. they happen. I hope my colleagues will people who are not suspected of any Legislative silence on this issue is con- support this amendment. wrongdoing; this bill actually allows sent. This body must take a position Mr. President, it appears there is no the Government to capture all inter- on this issue. Should the Government opposition to it, but nonetheless I will national communications to or from be able to sweep up all international retain the remainder of my time. the United States in bulk, for no good communications involving Americans Mr. President, I ask unanimous con- reason. I think it is safe to say no one at home and abroad? We cannot avoid sent that the pending amendment be in this country expects that all of their that question. The bill, combined with set aside so that I may call up another international communications can be the DNI’s comments, places it squarely amendment. collected by the Government. That before us. The amendment I have offered here is The PRESIDING OFFICER. Without kind of communications dragnet would extremely modest. It merely requires objection, it is so ordered. offend anyone who has ever commu- the Government to certify to the court AMENDMENT NO. 3912 TO AMENDMENT NO. 3911 nicated with friends, family, or profes- that in using these broad new authori- Mr. FEINGOLD. Mr. President, I call sional associates in other countries. It ties to conduct warrantless surveil- up amendment No. 3912. raises serious constitutional questions. lance, it is collecting the communica- The PRESIDING OFFICER. The It would completely overwhelm the al- tions of foreign targets from whom it clerk will report. ready inadequate minimization proce- expects to obtain foreign intelligence The assistant legislative clerk read dures that are the only bump in the information. The Government does not as follows: road to completely uncontrolled dis- have to explain its foreign intelligence The Senator from Wisconsin [Mr. FEIN- semination of information about Amer- interests to the Court; it does not even GOLD], for himself, and Mr. DODD, proposes icans. And there would be no court have to identify its target. It merely an amendment numbered 3912. oversight whatsoever. has to say that an interest exists, and The amendment is as follows: Bulk collection poses yet another se- the court cannot challenge this certifi- (Purpose: To modify the requirements for rious constitutional danger. By col- cation. Because this amendment is so certifications made prior to the initiation lecting all international communica- modest, opponents have raised an ab- of certain acquisitions) tions, the Government would be col- surd hypothetical argument against it, On page 10 between lines 5 and 6, insert the lecting communications between and this is what it is: that it would following: Americans overseas and their friends somehow prevent the collection of ‘‘(vii) the acquisition of the contents (as and family back home. that term is defined in section 2510(8) of title communications into or out of an Senators WYDEN and, WHITEHOUSE enemy-occupied city that the U.S. 18, United States Code)) of any communica- and I have fought hard to ensure that tion is limited to communications to which military is about to invade. any party is an individual target (which Americans overseas cannot be inten- This argument is plain silly. My shall not be limited to known or named indi- tionally targeted without a warrant, amendment requires that there be a viduals) who is reasonably believed to be lo- but bulk collection is a backdoor way foreign intelligence purpose for collec- cated outside of the United States, and a sig- to conduct the same warrantless wire- tion. This hypothetical posited by op- nificant purpose of the acquisition of the tapping. Imagine the number of Ameri- ponents of the amendment—and all in- communications of the target is to obtain cans’ communications, not with for- dividuals in a city our troops are about foreign intelligence information; and eigners but with other Americans— to invade would clearly have foreign Mr. FEINGOLD. Mr. President, this with other Americans, Mr. President— intelligence value. That is what distin- amendment ensures that in imple- that would be acquired by the Govern- guished this case, in which the Govern- menting the new authorities provided ment through bulk collection of, say, ment can easily make the certification in this bill, the Government is acquir- communications between the United required by the amendment and, on the ing the communications of targets in States and Britain. That means Ameri- other hand, the bulk collection of all whom it has some foreign intelligence cans studying and working abroad, communications between, say, the interest and is not conducting bulk col- tourists passing through, and even U.S. United States and Europe. lection of all communications between troops stationed there. The reason absurd scenarios such as the United States and overseas. This Nothing—nothing—would prevent this have been raised as ‘‘unforeseen amendment was also approved by the their communications from being col- consequences’’ is that opponents of this Judiciary Committee. lected and retained, and nothing would amendment do not want to address the This amendment is necessary because prevent those communications from consequences of not passing it, the con- of the vast and overbroad authorities being disseminated so long as the Gov- sequences of the Government col- provided by the PAA and this bill. In ernment decided there was foreign in- lecting all communications between public testimony, the DNI stated that telligence value. the United States and Canada or Eu- the PAA would authorize the bulk col- I ask my colleagues: At what point rope or South America, the con- lection of all communications between do we draw the line? At what point sequences of millions of innocent the United States and overseas. Now, does the Constitution mean something? Americans’ communications being col- that could cover every communication I am sure some of my colleagues will lected, the consequences of already in- between Americans inside the United say we should trust the Government adequate minimization procedures States and Europe or South America or not to do this, not to abuse this. Yet being overwhelmed by the collection.

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What National Intelligence, this person has feasible, would listen in on every inter- he is laying out is a scenario that does significant terrorist information, sig- national phone call made by its citi- not exist. He is raising all kinds of con- nificant intelligence information, for- zens and read every international e- cerns that are dealt with in the under- eign intelligence information, if one mail. That is a police state, not the lying bill. They are dealt with by the were to call that number, then it is United States of America. Constitution of the United States. possible, it is likely, and we would ex- This amendment will help put to rest They were dealt with by the Protect pect that they would find out what is another concern that has been ex- America Act. in that call. pressed about this legislation. In Au- I can assure the American public that we are not collecting all of the If it is an innocent call, if it has gust, after the enactment of the PAA, nothing to do with terrorist activity, it the DNI stated: communications they send overseas and reading them and listening to is immediately suppressed; ‘‘mini- Now, there is a sense that we are doing them and using them in some way that mized’’ is the term. They do not even massive data mining. In fact, what we are violates the fourth amendment or the record the name of the United States doing is surgical. A telephone number is sur- person. gical. So if you know what the number is, provisions of these two measures. you can select it out. Before we actually have a vote on But when calls come from outside the these measures, we will talk about United States into the United States And the DNI then added: them more in detail. I think he raised from a person, a known terrorist We have got a lot of territory to make up the reverse targeting amendment first. abroad, or when they initiate the call, with people believing that we are doing things that we are not doing. Let me be clear and explain that you someone from the United States does, cannot target a person inside the then what we must do is find out if The best way to assure Americans United States without a court order. they are talking about planned ter- that the Government is not doing mas- All acquisitions must comply with the rorist activity in the United States. sive data mining of their international fourth amendment. That is the most important collection communications is not to authorize the Last week we agreed to an amend- we can make. We have lots of impor- massive collection of their inter- ment offered by Senator KENNEDY tant information targeting foreign ter- national communications. The DNI which ensures that the authorities in rorists, suspected terrorists, foreign in- cannot have it both ways. He cannot this bill will not be used to acquire telligence targets overseas that is use- complain that people believe the Gov- communications where the sender and ful to our allies in protecting their ernment is doing things it is not doing, all intended recipients are known to be countries. There are lots of instances and then oppose amendments to the in the United States. That has to be where we have done that or when they law that would prohibit the Govern- with a FISA Court order if you are tar- are—and that does not require mini- ment from doing those very same geting somebody in the United States. mization, and it should not. But the in- things, especially when he has also said This is an explicit, bright-line prohibi- formation that is used is only that in- that bulk collection would be ‘‘desir- tion against reverse targeting in the formation which applies to a direct able’’ if it were physically possible. current bill. If one would look at page threat, a terrorist threat, or other sig- Finally, my amendment would help 6 of the statute, section 703(b)(2), I will nificant foreign intelligence value. If a resolve a serious constitutional ques- read it for you. It says: United States person is involved in tion surrounding this bill. When Amer- An acquisition authorized under subsection that, if there is an involvement of the icans are on the line, the constitu- (a) may not intentionally target a person terror plot in the United States or else- tionality of the surveillance depends in reasonably believed to be located outside the where, then that information would be part on how it is conducted. Bulk col- United States if the purpose of such acquisi- tion is to target a particular known person accepted, and if it is necessary to col- lection of millions of Americans’ com- reasonably believed to be in the United lect further against that American cit- munications of which the Government States except in accordance with title I or izen or United States person, then they has no interest in the person on the title III. have to go through the normal proce- other end of the line could very well be It does not get much clearer than dure. Probably the FBI would get their unreasonable under the fourth amend- that. So if the purpose in targeting normal search warrant and go after ment. We can eliminate this particular someone outside the United States is that person and determine what role, if constitutional problem with the adop- actually to target a person inside the any, he or she has in carrying out ter- tion of this very modest amendment. United States, you cannot use the au- rorist activity. So in addition to the I challenge anyone who opposes this thorities under this bill. It is clear. amendment to stand up on this floor bright-line test, there is clear over- That is what the DNI stated his pur- sight authority. There is oversight ex- and explain to the American people pose was; that is what the bill provides. why the Government should have the ercised by the supervisors at NSA, by You have to get a FISA Court order if the inspector general, by the Depart- authority to engage in bulk collection you are targeting somebody. You can- of their private communications. Let’s ment of Justice, whose lawyers oversee not do it by the back door. it, and by our Intelligence Committee tell the American people the truth for Now, I heard yesterday some far-out to make sure that the prohibitions on once. Do not rely on hypothetical, un- explanations that a family whose child reverse targeting are being observed. intended consequences that are easily goes overseas to go to school, we would answered. Explain why this very mod- be listening in on those conversations. If this proposal were to be accepted, est protection of the privacy of our That is absolutely nonsense. If that is the uncertainty, the operational uncer- citizens cannot be granted. a United States person, we could not tainty of determining what a purpose I believe this amendment brings this even target that United States person is in reverse targeting would make this bill into line with its actual intent. It abroad, and we certainly do not target an impossible situation for an analyst gives Congress a say in how far these someone in the United States without to observe and to make that deter- vast new authorities will be taken, and a court order. We have provisions to as- mination. There is a clear prohibition it protects the civil liberties of Ameri- sure that the United States person who against reverse targeting. cans. goes overseas cannot be targeted with- The other amendment which he I urge my colleagues to support it. out an application to the FISA Court. brought up, 3912, is on bulk collection. I yield the floor and I reserve the re- Quite simply put, that does not hap- The bipartisan Intelligence bill con- mainder of my time. pen. tains numerous provisions to ensure

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The amendment that has been pro- Senator instead of passing a law to Because of the floor situation, the ar- posed under 3912 has some very nega- clearly protect the American people. guments related to these two amend- tive consequences for protecting our With regard to reverse targeting, the ments have merged, but it sort of troops abroad. This amendment, for ex- Senator asserts that somehow having a works in a way because both of them ample, would prevent the intelligence provision that says ‘‘the’’ purpose are such straightforward, simple pro- community from targeting a particular would have to be targeting an Amer- tections that a majority of the Judici- group of buildings or geographic area ican before a court order is required is ary Committee agreed had to be in- where, for example, terrorist activity going to protect us. But that doesn’t cluded in this bill to protect the rights is known to be occurring, and pre- protect us. That language would mean of the American people. venting them from collecting signals that any incidental reason for tar- I reserve the remainder of my time. intelligence prior to operations by our geting a foreign person when the gov- The PRESIDING OFFICER. The Sen- Armed Forces. ernment wants to listen to the Amer- ator from Missouri. If there is an area which has signifi- ican would be a sufficient basis for on- Mr. BOND. Mr. President, there are quite a few things I disagree with that cant terrorist activity, to say we can- going warrantless surveillance of the my colleague from Wisconsin has not collect all of the communications American. In fact, the Senator from brought up. No. 1, he said the adminis- coming out of that area to identify who Georgia has indicated that what this tration instituted an illegal wire- the terrorists might be, whether there means is that the sole purpose of the tapping program. That is not true. are innocent persons involved before collection would have to be to obtain That is wrong. I reviewed the docu- our military goes in, does not make information on the American before a ments on which they based it—article any sense, because if we send our mili- court order is required. If that is true, II, and the authorization for use of tary in, they are going in and probably then it would be very easy for the gov- military force. That was not an illegal going to be using significant lethal ernment to bootstrap any incidental effort. But that is a debate for another force. Had this bulk collection provi- interest in a foreign target so that time. The administration did advise sion been in place, it would have pre- they can listen in on an American. the leaders of Congress what they were The DNI has said that reverse tar- vented our troops from conducting sur- going to do. The big eight were advised, geting is unconstitutional. What is the veillance in Fallujah, for example, and they did not deem any legislation legitimate objection to making it abso- prior to their military operations. advisable at the time. The details on this are classified. We lutely clear that this can’t be done in Secondly, he gives me too much cred- can provide more information in a se- this statute? There is no substantive it in saying it is only the word of one cure setting. But this amendment, ac- objection. The same thing goes for bulk Senator that his amendments are un- cording to the Director of National In- collection. Again, one Senator assures workable and unnecessary. This was telligence and the Attorney General, the American people that the govern- brought up and debated in the Intel- ‘‘could have serious consequences on ment is not doing bulk collection. That ligence Committee. We spend our time our ability to collect necessary foreign might be right. We may not be doing it overseeing intelligence collection. It intelligence information, including in- now. But the DNI has said it would be was not adopted there. It was with- formation vital to conducting military desirable. He would love to do it. Yet drawn. operations abroad and protecting the the Senator will not permit a simple If my colleague has any evidence lives of our servicemembers, and it is amendment that says that something that there are any violations in reverse unacceptable.’’ I agree with them be- that the DNI has also said is not actu- targeting or bulk collection of the cause I have had the opportunity to ally needed but would raise serious fourth amendment of the Constitution learn how the system operates. My col- constitutional problems, should be pro- or other violation of privacy rights, league from Wisconsin has. I believe it hibited. then I suggest he bring them up in our is very clear from the information we This is an amazing moment. Instead Intelligence Committee in closed ses- have received and the knowledge we of legislating, we are supposed to trust. sion where we can debate all the activi- have about it that the evils which he With regard to all of our international ties that are going on. I assume he has purports to address are evils that do communication, we are supposed to been out to NSA to see how it operates. not exist. I strongly urge my col- simply trust one Senator’s assurance He has been in and had the opportunity leagues to oppose both amendments. that there is nothing to worry about. I to question leaders of the intelligence I reserve my time. suggest the American people deserve community. He says there is a total The PRESIDING OFFICER. The Sen- better than that. lack of substance. I have to say there is ator from Wisconsin. To show the complete lack of content a total lack of substance to the allega- Mr. FEINGOLD. It is sort of odd that to these arguments, I addressed what tions he makes. There are legitimate we are debating these two amendments the Senator, who was not out here at concerns which we address in this bill together. But there is one advantage. the time, has called the Fallujah exam- by specifically prohibiting reverse tar- Under our system of government, the ple. He keeps saying that under this geting. It is specifically prohibited in way we make sure that abuses don’t provision, you couldn’t get information this bill. I have to say the people who occur is by passing laws to make it ab- about what was going on in Fallujah run the program are the ones who have solutely clear that abuses aren’t occur- when we were attacking al-Qaida and told us the additional bells and whis- ring and can’t occur. We are supposed others there. That is absolutely false. I tles he wants to put on for no reason or to accept the say-so of one Senator laid it out. As long as the Government even reasonable prospect of violations who says we are not doing these things. says there is a foreign intelligence in- would make it impossible to carry out We are not conducting bulk collection. formation purpose, of course they can the business of collection on foreign We are not doing reverse targeting so do it. If there is a terrorist hotbed, terrorists with potential activities in don’t worry. Yet he resists two amend- they can do it. They just have to assert the United States. ments that simply make it clear you that. This argument that somehow this Again, there will be others who will can’t do these things. What is the ob- would interfere with that collection discuss this. But it is not the word of jection on the merits to these two flies directly in the face of the bill and one Senator. It is the word of a major- amendments? They would apply to an the amendment. There is no truth to ity of the Intelligence Committee, and

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1345 it is the word of the intelligence com- hours allocated to this amendment. My conversations, faxes, e-mails that have munity itself, backed up by the Attor- intention this evening is to use prob- been engaged in by Americans across ney General, that this is unwise, un- ably 10 or 15 minutes of debate on this the board. necessary, that these amendments amendment. I see my colleague from This goes back immediately to after would significantly hamper the ability Washington. I don’t know if she has an 9/11. As I said, had this been a tem- of the intelligence community to con- intention to address the Senate on this porary deviation from the norm, par- duct its operations. matter or something else. I am going ticularly in the wake of 9/11, I would I reserve the remainder of my time. to take 10 or 15 minutes to talk about not be standing here asking that retro- The PRESIDING OFFICER. The Sen- the amendment and then reserve the active immunity not be granted. But ator from Wisconsin. remainder of my time for tomorrow. this program went on for 5 years. It Mr. FEINGOLD. Briefly, Mr. Presi- There are other Members who would only came to an end because of a rev- dent, it is important to put in the like to be heard on this amendment. I elation by whistleblowers and others RECORD that the Judiciary Committee, don’t want to consume too much of the that the program stop. This was 5 years after carefully considering this not just time to deny others the opportunity to of collecting data and information on in the context of intelligence—and I do be heard. I presume my colleague from U.S. citizens without a court order. serve on the Intelligence Committee as Wisconsin tomorrow may want some The FISA Court was established back well—but in the context of the rela- time. I will take a brief amount of time in 1978 specifically to provide for war- tionship between intelligence and civil this evening and then reserve the bal- rants and court orders when such infor- liberties, came to the opposite conclu- ance until later. Then my colleague mation was being solicited and needed sion on both reverse targeting and bulk from Washington can certainly be to provide for the security of our coun- collection and voted by a majority to heard or anyone else for that matter. try. I think these amendments that we adopt the very sort of amendments I I send to the desk an amendment of- need to update the FISA legislation are am proposing. With regard to the vice fered by myself and Senator FEINGOLD, critically important, and I certainly chairman’s assertion that I had not put and Senators LEAHY, KENNEDY, HARKIN, want to see them adopted. But I believe forward any concerns about the impact WYDEN, SANDERS, OBAMA, BIDEN, and it is going way beyond the pale in the of these authorities on the civil lib- CLINTON and ask for its consideration. midst of all this to extend retroactive erties of Americans, I, in fact, sent a The PRESIDING OFFICER. The immunity back to a group of compa- classified letter to the DNI in Decem- clerk will report. nies that decided this was an appro- ber expressing serious concerns about The legislative clerk read as follows: priate request and they were going to the implementation of the Protect The Senator from Connecticut [Mr. DODD], comply with it. I would point out to America Act and its effect on the for himself, Mr. FEINGOLD, Mr. LEAHY, Mr. my colleagues that not all companies rights of Americans. I can’t discuss KENNEDY, Mr. HARKIN, Mr. WYDEN, Mr. SAND- did. If every single company complied classified specifics here. But the fact ERS, Mr. OBAMA, Mr. BIDEN, and Mrs. CLIN- with this, you might make the case is, these aren’t merely theoretical con- TON, proposes an amendment numbered 3907. that there was something going on that cerns. Mr. DODD. I ask unanimous consent required, or certainly warranted, their One final point: The thrust of our that reading of the amendment be dis- decision to agree to this invasion of concern about reverse targeting and pensed with. privacy without a court order. There bulk collection doesn’t have to do nec- The PRESIDING OFFICER. Without were companies that said: No, we will essarily with what has already oc- objection, it is so ordered. not comply with that request absent a curred but what could occur, what The amendment is as follows: court order. That court order was abuses could occur if we do not clarify (Purpose: To strike the provisions providing never forthcoming and those compa- in the law that they should not be immunity from civil liability to electronic nies did not engage, to the best of our done. This is especially important in communication service providers for cer- knowledge, in the collection of this light of the fact that, as I have indi- tain assistance provided to the Govern- data and information. cated, the Director of National Intel- ment) Now I am not drawing the conclu- ligence has said it would be desirable Strike title II. sion—but I have my opinions about to do this bulk collection. If the DNI Mr. DODD. Mr. President, this this—as to whether what the compa- says that, wouldn’t that be a reason to amendment we have talked about at nies did was legal or illegal. That is not be a little concerned and to make sure length over the last number of weeks a matter for 51 of us here by a majority it is clearly prohibited? going back into December. This is a vote to decide. That is a matter for I reserve the remainder of my time. striking amendment to strike the lan- which the courts exist in this country. The PRESIDING OFFICER. The Sen- guage in the bill out of the Intelligence It is not a matter for the executive ator from Connecticut. Committee that would provide for ret- branch to decide. It is why we have AMENDMENT NO. 3907 roactive immunity to the telecom in- three coequal branches of Government. Mr. DODD. Mr. President, I want to dustry. It has been debated at length. When matters such as this arise, rais- inquire as to how we are to proceed. I This amendment strikes that language ing the legality of certain actions, then was asked to offer my amendment on in the bill, conforms it to what has that matter ought to be appropriately behalf of myself and Senator FEINGOLD been adopted by the other body in its decided by that third coequal branch of regarding striking the language deal- legislation dealing with the Foreign In- Government, as the Framers intended, ing with immunity in the bill. I don’t telligence Surveillance Act suggestions in exactly these kinds of cases; that is, want to interrupt the debate. I don’t and recommendations, and conforms it the matter to determine whether those know how we ought to proceed. Is this to what has been included in the Sen- who are suggesting that these tele- debate concluded? I will check with the ate Judiciary Committee bill. So while phone companies did exactly what they author. there have been three different com- should have done under the cir- Mr. President, I ask unanimous con- mittees that have reported their sug- cumstances. There are many here and sent to set aside the pending amend- gestions to the Congress on this issue, elsewhere who believe otherwise, and ment so I may offer the Dodd-Feingold the committees in the House of Rep- while short of reaching a determina- amendment dealing with retroactive resentatives and one committee here tion as to legality, believe that the immunity. have reached different conclusions courts ought to make that determina- The PRESIDING OFFICER. Without than that of the Intelligence Com- tion. objection, it is so ordered. mittee, where they have recommended There are some 40 cases now pending Mr. DODD. Let me inform my col- that retroactive immunity be granted before the courts on this very matter. leagues that what I intend to do is not to the telecom industry for having If we take the action adopted by the to speak at length. I know under the kept over the last 5 years sort of a vac- Intelligence Committee, we will never, previous time agreement, there are 2 uum-cleaner approach to telephone ever know whether these actions were

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1346 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 legal, whether the privacy of millions ders that would have allowed for this bench—what are we all hiding from? and millions of Americans were in- surveillance to go forward? It is not a We all know this went on. This is not vaded. Once we have set the precedent minor point. It is a huge point. some secret. We all know that for 5 of allowing this retroactive immunity I would further point out that the ad- years or more, this information was to go forward, why not then in other ministration, of course, originally re- being vacuumed up. That is no longer a areas outside of the case of tele- quested that immunity be granted not secret. What is potentially a secret is communications? What about medical only to the telecommunications indus- how this was done—methods and records? What about financial records? try but everyone involved in this mat- means—and I appreciate those who The Congress will have voted that it is ter. Thanks to the wisdom of Senator want to make sure that we don’t allow all right to grant retroactive immu- ROCKEFELLER and Senator BOND, that for the revelation of that kind of infor- nity. The next time an American Presi- broad request was rejected, and I thank mation. But there are ample examples dent asks these companies or other them for it. But it is important that of how the Federal courts have handled companies to engage in similar activi- our colleagues understand that that is these matters in the past, acting in a ties, why not use the precedent estab- what they wanted to do; They wanted way that protects this kind of informa- lished by the telecommunications in- total immunity for everyone involved tion. The suggestion that this is too dustry to comply with that request ab- in this 5-year plan. But the committee dangerous to allow these matters to go sent a court order? wisely rejected that request and nar- forward I don’t think is a valid argu- These are critical moments involving rowed the immunity only to the tele- ment, particularly when you are going the rule of law—the rule of law—not communications industry. But none- to sweep across retroactive immunity. the whim of a President, any Presi- theless, I think all of us understand the There are plenty of examples. In fact, I dent. Given the pattern of behavior of net effect. If we grant retroactive im- would note that the Presiding Officer— this administration over the last 6 or 7 munity as requested by this legisla- I don’t know this, but I presume in his years, in example after example where tion, then we will never get to the bot- previous life as an attorney general— there has been a disregard, in my view, tom of what occurred here, and once faced matters in his own State where of the rule of law and the Constitution again, opening the door to possible fu- certain private information had to be of the United States, what more does ture violations. kept private and secret and there were this body need to understand in this It is being suggested by some: Well, matters before the courts before which matter than to once again grant this this is just a bunch of Democrats going he operated where that was exactly the administration a pass and in effect say after a Republican administration. I case. I have listened to other attorneys to those companies: It doesn’t make will tell my colleagues that if this were general cite examples where there was any difference. We don’t know whether a Democratic administration, I would privacy and other information that did what you did was legal, but you get a be standing here with as much passion not belong in the public domain and pass on this right now. I think nothing as I am today. This is not about Repub- was protected. So the argument that could be more dangerous than to allow licans or Democrats, liberals or con- somehow we can’t run the risk of al- that precedent to go forward without servatives; it is about the rule of law. lowing the Federal courts to handle us insisting that the courts be allowed It is about the Constitution of the these matters given the revelation of to exercise their judgment in these United States. All of us here, regard- information that otherwise shouldn’t matters. less of political ideology or what party be in the public domain—I don’t buy There are arguments that have been we affiliate with, this is a matter that that argument either. But those are raised on why we shouldn’t let this transcends all of that. We ought to—as the arguments for having retroactive happen. One: It might hurt these com- we have sworn to do when we raised immunity on this legislation. panies financially. That argument is so our right hand in the well of this body, I have spoken at great length about offensive I hesitate to make it even on as each one of us has here as Members this in the past and I appreciate the in- behalf of those who would argue it. The of this institution—protect and defend dulgence of the chairman and others to idea that some financial injury is far the Constitution of the United States. listen to me over and over again on more important than the rule of law Nothing less than that is being asked this subject matter. But this is a mat- ought to be offensive to every Amer- of us when we vote on this matter: to ter I care deeply about and I know oth- ican, whether you agree or disagree strike this provision and allow the ers do too. This is not a Democrat with whether these companies did the courts to do their work; to determine standing up here trying to cause trou- right thing, or somehow that these whether, as those who are advocating ble for a Republican administration. companies had no idea what they were for retroactive immunity assert, that That is an offensive argument. I think doing; they went along with this be- this was an appropriate and proper re- we know each other well enough to re- cause an American President asked for sponse by these companies, or to draw spect and understand that these are se- it. the different conclusion that it was not rious debates and serious arguments. I would point out that in 1978, during and that it was inappropriate, illegal, The tension that has existed for the the drafting of the FISA legislation, and improper for them to do what they life of our great Republic is this debate many of these companies were directly have done; and that all other bodies in today, how do we protect the rights involved in the drafting of that legisla- this country, private or otherwise, and liberties of our American citizens tion. They knew exactly what the law need to understand when this adminis- and simultaneously protect our people is in this area. I would further point tration or any administration makes a from those who would do us great harm out that it has been reported to the similar request in the future, the Con- and injury. It is not an easy debate; I press that there have been more than gress has spoken on this matter, so understand that. But it is one that is 18,000 requests of FISA Courts over the that they do so only when they receive as old as our Republic, to make sure last 30 years when it has come to these those kinds of court orders and then that we maintain those rights and lib- kinds of inquiries. In all but 5 cases, provide that kind of immunity which, erties while simultaneously fulfilling out of the more than 18,000 requests, in every single case in the past, they that obligation to protect our citizens the FISA Courts have complied with have when the court order has been ap- from those who would do us great executive branch requests for warrants proved by the FISA Courts. That is the harm. I believe the tension is such that to invade or to engage in surveillance sum and substance of this debate. I don’t believe we want to give up these activities. Only in 5 cases were they re- There are various other arguments rights, these important systems we put jected, out of more than 18,000 re- for immunity, including the argument in place. In fact, the very FISA Courts quests. That is better than 99.9 percent that somehow you can’t protect pri- as they exist were designed to specifi- of the cases. Why not in this one? Why vate information. As one Federal judge cally address that balance more than 30 were the courts not solicited to provide has already pointed out—I might point years ago, and I believe on some 30 dif- the kind of approval for the court or- out a Republican appointee to the ferent occasions over the years we have

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1347 amended the FISA legislation to allow managers of this legislation giving me those companies, because if they failed us to stay current with technologies a few minutes to make my case on this to comply with what I have reviewed that could be used against us as well as issue. I have said so many times before, and believe to be valid orders of the allowing those technologies that allow and I will say again, JAY ROCKEFELLER Federal Government, and as a result, us greater opportunity to learn about and KIT BOND are very good friends of communications that might have those who would do us harm. So over mine. I have great admiration for these tipped off an imminent attack on the the years we have made those rec- men. We have served a long time to- United States of America were missed, ommendations. Almost unanimously— gether here. They don’t have an easy then it would be a great shame for and I believe I am correct in that as- job. This is a very difficult committee those companies. sessment—previous Congresses have to have to work on, given the difficult Now, I cannot speak for the other adopted those recommendations and matters they are faced with. I am sure body. I do say that the Judiciary Com- suggestions. To suggest, as was done they understand that my objections mittee, which has broad jurisdiction here, that because of Senator FEIN- are not about our friendship or my re- over many important things—and I re- spect for the work they do, but about a GOLD’s amendments dealing with re- spect the leadership of that Com- fundamental disagreement. I admire verse targeting and bulk collections, mittee—doesn’t spend the time that we what they are trying to do, I respect that somehow we are violating that in the Intelligence Committee do on in- the job they have been asked to do, and history, I think is wrong. I think those telligence matters—going out to NSA, I thank them for it. suggestions are worthwhile and war- having people come before us, being ranted, and it can improve not only The PRESIDING OFFICER. The Sen- ator from Missouri is recognized. briefed, going through laboriously what we are doing technologically in technical operations that allow these this bill, but also fulfilling the second Mr. BOND. Mr. President, I thank my good friend from Connecticut for the searches and surveillance, and going part of that obligation, and that is to through and listening and observing protect the rights of our citizenry. kind words. We are delighted to have him back, although some would wish the means of assuring that these func- It is truly a false dichotomy to sug- tions are carried out in compliance not gest that we can only become more se- that he were otherwise occupied to- night. But we welcome him back and only with constitutional directions but cure by giving up rights. I think that is the regulations and the statutes of the a very dangerous argument to make. welcome him to the debate. I express my appreciation for the kind words he United States is very important. We Too many in this country are sub- have seen the oversight. There is the scribing to it today. That is exactly said about me in Iowa. It didn’t do much good in Iowa, but I always appre- supervisor and the inspector general the opposite of what the case ought to who act as an independent check; the be: that we become more secure when ciate them. On this debate, however, I respect- Department of Justice lawyers who we insist upon those rights and lib- fully say that my good friend, with come and review it from their stand- erties. That has been the history of our whom I have worked on many meas- point; but also the Intelligence Com- great country. In every single example ures and intend to work with on many mittees in both Houses, which have not I can think of when we have allowed more, is dead wrong. He is correct that only the right but the responsibility to our rights to be shortchanged to the ar- the FISA law was passed in 1978, but oversee this. gument of security, we look back his- the problem is it has been superseded Based on that, our committee deter- torically and regret those moments. by technological changes. The tech- When we think about the internment mined and reported out a measure say- nology of transmission of signals ing it was absolutely essential for the of Japanese Americans during World changed significantly. He probably was War II and other examples, I think all continued security of this country to not here when I mentioned it earlier, eliminate lawsuits that had been filed of us look back and regret those mo- but when the terrorists struck on 9/11, ments, if we did anything but give our against a number of carriers alleging there was a question of how we could that they may have participated in country more security. We have had prevent further attacks that were great moments when we stood up for this activity. planned and some of them were under Now, why is that a problem? Well, the rights and liberties of our fellow way. The appropriate intelligence com- citizens in the face of arguments that today, we had open hearings involving munity officials recommended elec- the DNI, the Director of the FBI, the our security was in jeopardy if we tronic surveillance and noted that Director of the CIA, the Director of the didn’t somehow tailor those rights and since the laws had not changed, but Defense Intelligence Agency, and the liberties to give us additional security. technology had changed, it was quite Deputy Secretary of State for the INR I think that is the same argument likely that FISA, as it existed from Division. We asked all of them why it today. I think we will be a proud body 1978, even with minor tweaks, would was essential that they provide retro- by rejecting this piece of the bill before not accommodate the collection that active liability protection. us, allowing the courts to do their job was needed. The intelligence commu- as the Framers intended them to do, to nity leaders and the administration The first and most important con- determine the legality of the actions leaders addressed this with the Gang of cern raised was that allowing these taken by these companies at the re- 8, the leaders of both parties, both lawsuits to continue against the com- quest of this administration, to allow Houses, and both sides of leadership on pany—my colleague from Connecticut them to make that decision, not by the Intelligence Committees, and they is right. We permit cases to go forward some vote in this body that would concluded that there was not time to against the Government or Govern- allow these matters to be swept aside change the law, so the President went ment officials. We are just protecting for all of history without ever knowing ahead, using his article II powers as en- private companies. It is the pleadings, whether we did great damage to the hanced by the authorization for the use the discovery, and the testimony that rights and liberties of our fellow citi- of military force. The President issued would inevitably tell us, and the ter- zens. orders and, for the most part, the At- rorists, much more about the oper- I will make additional arguments torney General signed off on it when he ations of the program than the terror- here tomorrow, but I want to reserve was available. The Director of National ists ought to know. In May of 2006, time because here we are on Super Intelligence issued them, and compa- after the disclosures of this terrorist Tuesday and a lot of people are not nies, understanding the urgency of pro- surveillance, GEN Mike Hayden came here who want to engage in this de- viding collection against foreign ter- before our committee for confirmation. bate. So I will reserve the remainder of rorists—this was directed against for- I asked him: What impact has the dis- my time so that others can be heard on eign terrorists calling into the United closure of our terrorist surveillance this matter when it comes up either to- States—complied. program had on the collection of intel- morrow or whenever the matter comes Now, the fact that one or two may ligence from foreign terrorists and sus- back to the floor. But I appreciate the not have complied speaks no praise for pected terrorists? He smiled and said,

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1348 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 ruefully: We are applying the Dar- serves the dual purpose of ending the (1) FOREIGN POWER.—Subsection (a)(4) of winian theory to terrorists. We are litigation against the providers while section 101 of the Foreign Intelligence Sur- only collecting the dumb ones. allowing the cases against the Govern- veillance Act of 1978 (50 U.S.C. 1801(a)(4)) is I can assure you the people we want ment to continue. Go ahead and attack amended by inserting ‘‘, the international to listen in to are the very clever, very proliferation of weapons of mass destruc- the Government. There is no shortage tion,’’ after ‘‘international terrorism’’. witty, very diabolical, murderous of that in this body. I have heard it (2) AGENT OF A FOREIGN POWER.—Subsection heads of al-Qaida and other terrorist previously earlier today. That is part (b)(1) of such section 101 is amended— organizations who want to do great of our role on a partisan basis. We ex- (A) in subparagraph (B), by striking ‘‘or’’ bodily harm to the United States. They change criticism of the other party and at the end think, what we can do to tell them particularly the administration when (B) in subparagraph (C), by striking ‘‘or’’ more about it, which would tell them it is of the other party. We can make at the end; and (C) by adding at the end the following new how to evade even the means of collec- our best arguments. But we need to tion that we have left available, that subparagraphs: stop investigations, for example, by ‘‘(D) engages in the international prolifera- would leave our intelligence commu- State public utility commissions of the tion of weapons of mass destruction, or ac- nity deaf and blind to threats not only providers’ conduct under the TSP. tivities in preparation therefor; or to this country, which is most impor- These investigations involve very ‘‘(E) engages in the international prolifera- tant to all of us but to our allies and sensitive, classified information that tion of weapons of mass destruction, or ac- our troops overseas. no public service commission or public tivities in preparation therefor, for or on be- All the heads of the intelligence utility commission is competent to half of a foreign power; or’’. agencies I mentioned said one of the (3) FOREIGN INTELLIGENCE INFORMATION.— handle, maintaining the secrecy, the Subsection (e)(1)(B) of such section 101 is most important things we can do is confidentiality we need of our collec- provide this retroactive liability pro- amended by striking ‘‘sabotage or inter- tion methods. We know this program national terrorism’’ and inserting ‘‘sabotage, tection because, without it, then the has inflicted no harm on our citizenry international terrorism, or the international private carriers—the telecom compa- and has protected us from harm. proliferation of weapons of mass destruc- nies—will no longer participate volun- I invite my colleagues, once again, to tion’’. tarily to requests from Government en- go to the fourth floor confidential clas- (4) WEAPON OF MASS DESTRUCTION.—Such tities. We have many areas where the sified hearing room or come to the In- section 101 is amended by inserting after sub- section (o) the following: telecommunications companies work telligence Committee’s offices in Hart, with the Federal Government—whether ‘‘(p) ‘Weapon of mass destruction’ means— if they want to see, from the Director ‘‘(1) any destructive device described in it is tracking a missing child, tracking of National Intelligence, a list of section 921(a)(4)(A) of title 18, United States down a sex offender or, on another things that have been accomplished Code, that is intended or has the capability level, breaking up a drug cartel or, on under the Protect America Act because to cause death or serious bodily injury to a another level, protecting against cyber collecting this electronic information significant number of people; attacks from other countries. If litiga- is vitally important. It is right up ‘‘(2) any weapon that is designed or in- tended to cause death or serious bodily in- tion is allowed to proceed against these there with interviewing detainees— companies, not only will it likely de- jury through the release, dissemination, or high-value detainees—in providing us impact of toxic or poisonous chemicals or scribe in detail the means that our in- our most valuable information. To telligence community uses to collect their precursors; strike this provision of retroactive li- ‘‘(3) any weapon involving a biological information, it will put the companies ability protection from the bill would agent, toxin, or vector (as such terms are de- in such dire straits in terms of business significantly lessen our ability to col- fined in section 178 of title 18, United States reputation here and abroad that it will lect intelligence and will make our Code); or be a very serious blow to the share- country much less safe. ‘‘(4) any weapon that is designed to release holders, to the pension funds that own I ask that my colleagues vote against radiation or radioactivity at a level dan- the companies, and it will lead the gerous to human life.’’. it. I will shortly yield time to my col- (b) USE OF INFORMATION.— counsel for those companies to say: league and the chairman of the com- never participate with the Federal (1) IN GENERAL.—Section 106(k)(1)(B) of the mittee. At this point, I ask unanimous Foreign Intelligence Surveillance Act of 1978 Government again. consent that the pending amendment (50 U.S.C. 1806(k)(1)(B)) is amended by strik- This could be a disaster for effective be temporarily set aside. ing ‘‘sabotage or international terrorism’’ collection. I believe it was the con- The PRESIDING OFFICER. Without and inserting ‘‘sabotage, international ter- sensus of those present at our hearing objection, it is so ordered. rorism, or the international proliferation of today—the Director of the FBI, the Di- weapons of mass destruction’’. AMENDMENTS NOS. 3938 AND 3941, AS MODIFIED rector of CIA, the general in charge of (2) PHYSICAL SEARCHES.—Section Mr. BOND. Mr. President, I call up the Defense Intelligence Agency, Under 305(k)(1)(B) of such Act (50 U.S.C. amendments numbers 3938 and 3941 and Secretary in charge of INR, and Admi- 1825(k)(1)(B)) is amended by striking ‘‘sabo- ral McConnell, the DNI—that retro- ask unanimous consent that they both tage or international terrorism’’ and insert- active liability protection for any car- be modified with the changes at the ing ‘‘sabotage, international terrorism, or the international proliferation of weapons of riers that may have participated, as desk. The PRESIDING OFFICER. Is there mass destruction’’. well as carriers that are getting sued objection? (c) TECHNICAL AND CONFORMING AMEND- that didn’t participate, that cannot ex- Without objection, it is so ordered. MENT.—Section 301(1) of the Foreign Intel- ercise the state secrets to protect The clerk will report. ligence Surveillance Act of 1978 (50 U.S.C. them, it will ensure that we don’t get 1821(1)) is amended by inserting ‘‘ ‘weapon of The legislative clerk read as follows: mass destruction’,’’ after ‘‘ ‘person’,’’. protection, don’t get the cooperation The Senator from Missouri [Mr. BOND] pro- from these telecommunications car- SEC. 111. TECHNICAL AND CONFORMING AMEND- poses amendments numbered 3938 and 3941, MENTS. riers when we need it. en bloc. On page 84, line 12, strike ‘‘and 109’’ and in- We have worked hard on this meas- Mr. BOND. I ask unanimous consent sert ‘‘109, and 110’’. ure. After reviewing all the informa- that reading of the amendments be dis- On page 87, line 12, strike ‘‘and 109’’ and in- tion available to us, including opinions pensed with. sert ‘‘109, and 110’’. and authorizations that we reviewed in On page 87, line 21, strike ‘‘and 109’’ and in- The PRESIDING OFFICER. Without sert ‘‘109, and 110’’. the executive office, the committee de- objection, it is so ordered. On page 88, line 10, strike ‘‘and 109’’ and in- termined, on a strong bipartisan basis, The amendments are as follows: sert ‘‘109, and 110’’. that the providers acted in good faith AMENDMENT NO. 3938, AS MODIFIED, TO AMENDMENT NO. 3941, AS MODIFIED, TO pursuant to representations from the AMENDMENT NO. 3911 AMENDMENT NO. 3911 highest level of the Government, that On page 70, strike line 1 and insert the fol- On page 13, strike lines 3 through 13, and the TSP was lawful. lowing: insert the following: We worked hard to fashion a limited SEC. 110. WEAPONS OF MASS DESTRUCTION. ‘‘(C) STANDARDS FOR REVIEW.—A judge con- liability protection provision that (a) DEFINITIONS.— sidering a petition to modify or set aside a

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1349 directive may grant such petition only if the allow the Senator from Washington to them predictability on their tax cred- judge finds that the directive does not meet speak on a different subject for 15 min- its. That is why it is so important we the requirements of this section, or is other- utes for a very good reason. pass the stimulus package tomorrow. wise unlawful. Mr. BOND. Mr. President, I have no Let’s talk about what we are hearing ‘‘(D) PROCEDURES FOR INITIAL REVIEW.—A from some of those in the industry who judge shall conduct an initial review not intention of continuing this discussion. later than 5 days after being assigned a peti- These are amendments, I hope, will know this sector very well. The Alli- tion described in subparagraph (C). If the be accepted. Chairman ROCKEFELLER ance to Save Energy, a group of busi- judge determines that the petition consists and I will describe them later. I ask ness, government, and consumer lead- of claims, defenses, or other legal conten- that our time be reserved, and I defer ers, committed to seeing this country tions that are not warranted by existing law to Members on the other side who may take advantage of cost savings from ef- or by a nonfrivolous argument for extending, wish to go into morning business. ficiency have said: modifying, or reversing existing law or for The PRESIDING OFFICER. The Sen- Energy efficiency tax incentives put establishing new law, the judge shall imme- ator from West Virginia is recognized. money into the economy by encouraging the diately deny the petition and affirm the di- Mr. ROCKEFELLER. Mr. President, purchase of energy efficient products and rective or any part of the directive that is services. the subject of the petition and order the re- understanding whatever it is that the cipient to comply with the directive or any Senator from Arizona decides he wants This group has representatives of part of it. Upon making such a determina- to do, there is a particular reason and this body as part of that alliance. Their tion or promptly thereafter, the judge shall a particular time constraint that the job is to advocate for policies to help provide a written statement for the record of Senator from Washington has to speak this industry grow. What are we hear- the reasons for a determination under this now. That is why I asked that she be ing from particular industries? I like subparagraph. allowed to speak in morning business. this chart particularly because so ‘‘(E) PROCEDURES FOR PLENARY REVIEW.—If She will make that request, and I hope many of my colleagues—I do it, and so a judge determines that a petition described there will be no objection to it. many on the other side, and even the in subparagraph (C) requires plenary review, President of the United States speaks the judge shall affirm, modify, or set aside Mr. KYL. Mr. President, I have no the directive that is the subject of that peti- objection to that. But I would like to at these various clean energy industry tion not later than 30 days after being as- add that when the Senator from Wash- plant sites and advocate and are ex- signed the petition, unless the judge, by ington has concluded her remarks, I be cited about the jobs they create. But order for reasons stated, extends that time recognized for my remarks. sometimes it stops there and after the as necessary to comport with the due process The PRESIDING OFFICER. Without ribbon cutting they fail to support the clause of the fifth amendment to the Con- objection, it is so ordered. necessary policies. That is why re- stitution of the United States. Unless the The Senator from Washington is rec- cently a particular solar company CEO judge sets aside the directive, the judge shall made this statement: immediately affirm or affirm with modifica- ognized. The Senate can ensure that we keep the tions the directive, and order the recipient Ms. CANTWELL. Mr. President, I ask economic engine moving forward and extend to comply with the directive in its entirety unanimous consent to speak as in the solar tax credits as part of the economic or as modified. The judge shall provide a morning business for up to 15 minutes stimulus bill. written statement for the records of the rea- and that the time not be counted sons for a determination under this subpara- against the debate on the FISA legisla- That is directly from the solar indus- graph. tion. try that we politicians like to stand in On page 13, line 14, strike ‘‘(D)’’ and insert The PRESIDING OFFICER. Without front of and talk about jobs being cre- ‘‘(F)’’. objection, it is so ordered. ated. Here is somebody who was the On page 13, line 17, strike ‘‘(E)’’ and insert prop behind one of these events in the STIMULUS PACKAGE ‘‘(G)’’. last week, and they are telling us to On page 14, strike lines 10 through 19, and Ms. CANTWELL. Mr. President, I insert the following: pass this tax credit in the stimulus rise today to speak about clean energy package. ‘‘(C) STANDARDS FOR REVIEW.—A judge con- production tax credits, investment tax sidering a petition filed under subparagraph What are we hearing from a consor- (A) shall issue an order requiring the elec- credits, and the energy efficiency pro- tium of those in the industry? We are tronic communication service provider to visions in the pending stimulus pack- hearing from one consolidated report of comply with the directive or any part of it, age, which I think are critical to re- the renewable industry that said: as issued or as modified, if the judge finds storing economic growth in America Over 116,000 U.S. jobs, and nearly $19 bil- that the directive meets the requirements of and continuing what is a burgeoning lion— this section, and is otherwise lawful. industry that is helping us create jobs ‘‘(D) PROCEDURES FOR REVIEW.—The judge This is just on solar, wind, and other and economic stimulus across our renewable electricity sources— shall render a determination not later than country. We are talking about tax 30 days after being assigned a petition filed nearly $19 billion in U.S. investment could be under subparagraph (A), unless the judge, by credits that are a proven stimulus and lost in one year if renewable energy tax cred- order for reasons stated, extends that time if business investment. They give con- its are not renewed by Congress. necessary to comport with the due process sumers, in this case, energy efficiency That report came out earlier this clause of the fifth amendment to the Con- credits of up to $500 to make energy ef- week. stitution of the United States. The judge ficiency improvements to their homes, The reason why people are so con- shall provide a written statement for the which could save homeowners as much cerned about this is because what we record of the reasons for a determination as $800 per year in avoided energy have seen traditionally—and we can under this paragraph. On page 14, line 20, strike ‘‘(D)’’ and insert costs. We are talking about $20 billion see on this chart that in 2000, 2002, and ‘‘(E)’’. of stimulus and 116,000 jobs that could 2004 where we did not give predict- On page 14, line 24, strike ‘‘(E)’’ and insert be impacted. ability to this industry by saying we ‘‘(F)’’. The bottom line is the renewable en- are going to continue the tax credit Mr. ROCKEFELLER. If the Senator ergy industry generated over $40 billion policy—what happened is a 93-percent will yield, it is very important for a of revenue in 2006 and accounted for drop in investment; in 2000. In 2002, a particular person on this floor to be 450,000 direct and indirect jobs last 73-percent drop in investment; and able to, within the next 15 minutes— year. So we know that clean energy is again in 2003, another 77-percent drop and for a particular reason—say some one of the fastest growing sectors of in investment. things that are very important to her, our economy. But by failing to act Here is where this industry is now in not on either of our pending amend- when we didn’t pass these critical tax 2007. It is a growing industry. As I said, ments, the two amendments you and I incentives last year, we caused turbu- in 2006, it was $40 billion in revenue and are about to offer. The Senator has al- lence in what is a very new and grow- over 450,000 direct and indirect jobs. ready approached the Parliamentarian ing industry. And if the Senate rejects And we are about to kill this level of in this matter. I ask if the Senator these incentives now, we could put this investment and put it into a tailspin from Missouri would be willing to industry in a tailspin by not giving by not continuing this tax policy.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1350 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 In fact, that is exactly what this In addition, the company in its head We know that uncertainty of the future of solar industry CEO, who had the pleas- count will be cut from 220 to 120 be- a wind production tax credit must be avoided ure of standing there with Governor cause they will also cut other jobs re- if this burgeoning industry is going to thrive Schwarzenegger and others, said. He lated to planning. In fact, if we do not in the years ahead. said Federal tax credits for solar en- give them this predictability this year, So we are hearing from our Gov- ergy are about to expire. They are in 2008, $200 million in orders for equip- ernors who are on the ground wanting about to expire and it will send the ment will be canceled. That is stim- to approve these projects knowing how solar industry into a tailspin. ulus, $20 million that will not be made much they mean to their local econo- It doesn’t have to get any clearer because they do not have certainty and mies, and yet we are ignoring that. than that: CEOs of companies that are they are going to cancel their plans for We also heard from a growing indus- the backdrop of great press events tell- equipment. try partner, the American Corn Grow- ing us we are about to send their indus- Additionally, $18 million in engineer- ers Association. They said: tries into a tailspin. I suggest we in- ing services are going to be canceled If President Bush will agree with the inclu- stead pass these tax incentives and get because they do not have predictability sion of the production tax credit in the stim- on with what could be certainty in tax in this Tax Code. ulus package, he will be adding numerous policy. Again, if the production tax credit is jobs to our economy. What I like about wind is the fact not extended, 600 full-time construc- Why is that? Because this industry that it is happening in lots of places tion jobs will be eliminated in each sees that this is a good partner. It is across this country, but it is also giv- State, New York and Texas. actually helping them with additional ing farmers a second crop. Almost 200 Another example. Safeway, which is revenue, and it is helping those Mid- members of the American Wind Energy a major grocery store chain, is plan- west economies continue to grow. Association have sent us a letter say- ning on retrofitting additional stores What about the National Farmers ing that ‘‘companies in our industry with solar panels. Why are they doing Union, another organization, which are already reporting a decrease in in- that? Because they know they can get said: vestment as a result of the uncertainty offset rising energy costs out of those Encourage your support including impor- surrounding tax policy.’’ They are say- solar panels. They are looking at 15 ad- tant renewable energy tax incentives in the ing they are already seeing people ditional stores with solar panels and economic stimulus package currently being starting to cancel projects. injecting an additional $30 million into considered by Congress. We want to help our economy grow, the economy if the solar investment The Farmers Union obviously knows and there is stimulus in these tax in- credit is extended. If it is not extended, this means jobs in their local economy. centives, but I ask my colleagues to these jobs are going to be in jeopardy. But for them, it also means that in- consider what is going to happen when Here are companies trying to help us stead of paying the high prices of nat- they do not renew them. They are ac- stimulate the economy, create jobs, ural gas and not having any product tually going to cause more damage to lower energy costs, and I am sure that compete with it, that having renewable the economy because people are going helps with the bottom line of food costs energy generate an additional 6,000 to start canceling projects. in America, and yet we are not giving megawatts of power can actually get Let me explain. This same report by them predictability. alternative sources of electricity in the Navigant came out earlier this week We also saw in my home State of market and lower the demand on nat- and got very specific as to which Washington a company, Wellons, a ural gas and thereby lowering the States had significant investment by leader in wood-fired energy systems, price. That helps lower the cost of fer- renewable companies and exactly what say they are going to mothball up to 20 tilizer. It is critically important. was going to happen both in the loss of projects unless they get the production This past week, we had 41 Senators opportunity for new jobs and in actu- tax credit. That means that some of sign a letter, including 14 of my col- ally having jobs cut when there is not the 500 people in this particular com- leagues on the other side of the aisle, predictability. pany will be laid off. who agree that: Texas, one of the biggest investors I think the Arizona Republic said it Extending these expiring clean energy tax from a wind production side, could lose best. In fact, they had an editorial this credits will help ensure a stronger, more sta- a future opportunity and existing jobs week that said: ble environment for new investments and en- of upwards of 23,000; Colorado, 10,000; Il- The economic stimulus package from Con- sure continued robust growth in a bright linois, 8,000; Oregon, 7,000; Minnesota, gress . . . should include an extension of tax spot in an otherwise slowing economy. 6,000 plus; Washington State, nearly credits for renewable energy sources. For Ar- I ask unanimous consent to have 5,000 jobs are at stake. The list goes on izona— printed in the RECORD this letter of bi- to other States that have made incred- And I think this is similar for many partisan support. ible progress in renewable energies other States, but Arizona is a leader in There being no objection, the mate- that are creating jobs, and all these this area— rial was ordered to be printed in the jobs are at stake for the future and the continued development of our solar in- RECORD, as follows: some of them represent jobs where peo- dustry is at stake. U.S. SENATE, ple are getting a paycheck today. In- That is why we need these credits. Washington, DC, January 25, 2008. stead, they will take our rebate check, We had today the Los Angeles Times Hon. HARRY REID, if we pass the House bill, and they will say: Senate Majority Leader, Washington, DC. receive a pink slip because their jobs Investors won’t pump money into clean are not going to be there anymore. Hon. MAX BAUCUS, power if there is a danger of losing their tax Chairman, Senate Committee on Finance, Wash- That is why we have to pass this pack- incentives . . . green technology is an ex- ington, DC. age. tremely promising growth industry that Hon. MITCH MCCONNELL, In fact, I want to give examples of could help make up for the loss of manufac- Senate Republican Leader, two specifics where people will actu- turing jobs. Washington, DC. ally lose jobs. That is another editorial from today. Hon. CHARLES GRASSLEY, Noble Environmental Power is devel- We know this, and yet we somehow Ranking Member, Senate Committee on Fi- oping projects for wind in New York want to pretend that the elimination of nance, Washington, DC. and Texas, and they plan to construct these tax credits does not matter. I DEAR SENATORS REID, MCCONNELL, BAUCUS, two parks in New York State and two know it matters to Governors because AND GRASSLEY: We strongly support current in Texas. If the production tax credit is we have heard from the Governors of bipartisan efforts to mitigate an economic downturn by providing direct financial relief not extended, these projects will not be Iowa, Illinois, Indiana, Kansas, Michi- to American families. At the same time, we built which will eliminate 1,200 full- gan, Minnesota, Missouri, Nebraska, believe that we must be cognizant that en- time construction jobs. That is 600 jobs North Dakota, South Dakota, and Wis- ergy prices have been a leading cause of our in each State. consin: current economic environment. Accordingly,

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Given record en- nomic opportunity to get one of the be unwilling to cooperate with lawful gov- ergy prices and growing demand, postponing best returns on investment in this ernment requests in the future without un- action on these critical energy incentives necessary court involvement and protracted will only exacerbate the problems afflicting stimulus package; that is, to invest litigation. The possible reduction in intel- our economy. In fact, these renewable energy about $5 billion and see over $20 billion ligence that might result from this delay is and energy efficiency investments have a in new energy investment in this coun- simply unacceptable for our Nation.’’ verifiable record of stimulating capital out- try. The letter goes on to say: lays and promoting job growth. We must en- I hope my colleagues will consider sure that this impressive record is main- The committee’s measured judgment re- this tomorrow and consider how much flects the principle that private citizens who tained in 2008 and extend these tax credits we truly need these budding clean en- expeditiously. respond in good faith to a request for assist- Over one hundred thousand Americans ergy industries to grow and thrive in ance by public officials should not be held could be put to work in 2008 if clean energy our home States. Anyone who supports liable for their actions. production tax credits were extended in the this industry has to vote for the Senate And that, in fact, has always been first quarter of this year according to indus- Finance bill or we could very well miss the common law rule in the United try estimates. However, because the incen- a key opportunity to stimulate our States of America. The concern is not tives are set to expire this year. renewable economy. energy companies are already reporting a only to protect those who were good I yield the floor. enough to assist the Government in the precipitous decrease in investment due to The PRESIDING OFFICER (Mr. uncertainly. Projects currently underway past but also to ensure that in the fu- WHITEHOUSE). The Senator from Ari- may soon he mothballed. Clean energy in- ture companies can rely upon this type centives for energy efficient buildings. appli- zona. Mr. KYL. Mr. President, I wish to of protection because of all of the situ- ances and other technologies, as well as addi- ations in which they find themselves. tional funding for weatherizing homes. would speak to the amendment offered by the similarly serve to stimulate 2008 economic Senator from Connecticut to the FISA It is very difficult for people to do busi- consumption, lower residential energy costs, bill, the Foreign Intelligence Surveil- ness with them if they believe they and generate new manufacturing and con- lance Act, the amendment that would might be hauled into court and all of struction jobs. strike provisions from the bill that the resultant effects of litigation would Failing to act on these crucial incentives extend to them. could choke off promising business invest- provide liability protection to those telecommunications companies that In the letter that Attorney General ment in 2008 and miss an opportunity to ad- Mukasey and Admiral McConnell wrote dress high energy costs. a critical contrib- were asked by our Government to as- utor to sinking consumer confidence and our sist us in a dire time of need. to our leadership, they point out their nation’s long-term economic challenges. Ex- I begin by asking unanimous consent objection to several amendments and tending these expiring clean energy tax cred- to have printed in the RECORD at the one of those amendments is specifi- its will help ensure a stronger, more stable conclusion of my remarks a letter to cally the one offered by the Senator environment for new investments and ensure Senator REID, dated February 5, 2008, from Connecticut, striking the immu- continued robust growth in a bright spot in and signed by Attorney General nity provisions, No. 3907. They begin by an otherwise slowing economy. To that end Mukasey and Director of National In- discussing it in this way: we look forward to working with you to ex- tend these critical tax incentives in context telligence Admiral McConnell. Extending liability protection to such of encouraging economic growth and vital- (See exhibit 1.) companies is imperative; failure to do so ity. Mr. KYL. Mr. President, next, I could limit future cooperation by such com- Sincerely, would like to quote a few passages panies and put critical intelligence oper- Maria Cantwell; Olympia Snowe; Ron from this letter that relate specifically ations at risk. Moreover, litigation against Wyden; Gordon Smith; Amy Klobuchar; to this issue of liability protection. companies believed to have assisted the gov- John F. Kerry; Ken Salazar; Debbie They begin by noting: ernment risks the disclosure of highly classi- fied information regarding extremely sen- Stabenow; Elizabeth Dole; Bernard Liability protection is the just result for Sanders; John E. Sununu; Barbara sitive intelligence sources and methods. If companies who answered their Government’s any of these amendments— Boxer; Wayne Allard; Robert Menen- call for assistance. Further, it will ensure dez; Susan M. Collins; Tim Johnson; that the Government can continue to rely And they specifically refer to this Byron L. Dorgan; Sam Brownback; upon the assistance of the private sector amendment— Russell Feingold; Arlen Specter; Bar- that is so necessary to protect the Nation . . . are part of the bill . . . we, as well as bara A. Mikulski; Evan Bayh; Barack and enforce its laws. the President’s other senior advisors, will Obama; Patty Murray; Hillary Rodham The point of beginning with this ref- recommend that he veto the bill. Clinton; Carl Levin; John Cornyn; We know we need a bill to become Sherrod Brown; Chris Dodd; Dianne erence is to note the fact that what Feinstein; Lisa Murkowski; Norm Cole- happened was that the U.S. Govern- law. We know what the President will man; Chuck Schumer; Ted Stevens; ment, in the aftermath of 9/11, went to accept, and we know it would be unac- Frank R. Lautenberg; Patrick Leahy; certain kinds of telecommunications ceptable to strike the immunity provi- Herb Kohl; Daniel K. Akaka; Pat Rob- and asked for their assistance in track- sions as amendment No. 3907 would do. erts; Richard Burr; Ben Cardin. ing down foreign terrorists, in pro- But let me continue to quote from this Ms. CANTWELL. Mr. President, we viding intelligence-gathering services letter, because the authors note some- also received letters from 13 different to the U.S. Government. These compa- thing in addition to the problem I iden- organizations that also support the in- nies did not have a legal obligation to tified, and I will state from it pre- clusion of these provisions in the tax provide that support, but they cer- cisely: package. tainly, as good citizens of the United This amendment also would strike the im- This is truly an opportunity for us to States, undertook to provide the sup- portant provisions in the bill that would es- continue to stimulate the economy in a port, some of them in that capacity. tablish procedures for implementing existing key growth area, but my colleagues The question is whether, having done statutory defenses in the future and that should not be fooled. This is probably that in good faith, they should now be would preempt State investigations of assist- the only opportunity to do extend ance provided by any electronic communica- protected from private lawsuits that tion service provider to an element of the in- these credits before they expire. We have been filed against them or wheth- telligence community. Those provisions are have had a dispute between the House er, as is the historic tradition in such important to ensuring that electronic com- and the White House and Members of circumstances, they would be immune munication service providers can take full the Senate about how to move forward from such lawsuits for volunteering to advantage of existing immunity provisions on these tax credits. Some want them help the Government. and to protecting highly classified informa- paid for while taking money from oil Here is a little bit of what Attorney tion. revenues. Others, such as the White General Mukasey and Admiral McCon- In other words, this amendment House, don’t want them paid for at all. nell wrote in the letter. doesn’t simply strike the immunity

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Therefore, I safety with respect to not only the pro- has allowed us temporarily to close intel- would ask how much time I have con- tection of American civil liberties but ligence gaps by enabling our intelligence sumed. also the gathering of foreign intel- professionals to collect, without a court The PRESIDING OFFICER. Five ligence, and it extensively quotes from order, foreign intelligence information from minutes has been consumed. the report of the committee itself, the targets overseas. The intelligence commu- nity has implemented the Protect America Mr. KYL. I thank the Chair. Intelligence Committee, which it notes Let me quote from three other para- Act in a responsible way, subject to exten- acted in a bipartisan 13-to-2 vote to sive executive branch, congressional, and ju- graphs of the letter relating to this provide for this liability protection. dicial oversight, to meet the country’s for- amendment. The authors are referring That is why it is so critical that eign intelligence needs while protecting civil to the Intelligence Committee’s exten- when we have an opportunity to vote, I liberties. Indeed, the Foreign Intelligence sive work on this particular aspect of gather tomorrow or whenever we have Surveillance Court (FISA Court) recently ap- the problem, and they say: an opportunity to vote on the amend- proved the procedures used by the Govern- ment under the Protect America Act to de- After reviewing the relevant documents, ment of the Senator from Connecticut, termine that targets are located overseas, the Intelligence Committee determined that we reject that amendment on the not in the United States. providers had acted in response to written grounds that it is contrary to the Intel- The Protect America Act was scheduled to requests or directives stating that the activi- ligence Committee’s actions, to the expire on February 1, 2008, but Congress has ties had been authorized by the President extended that Act for fifteen days, through and had been determined to be lawful. recommendations of the Attorney Gen- eral and the Director of National Intel- February 16, 2008. In the face of the contin- The letter goes on to note: ued threats to our Nation from terrorists and ligence, and to the President with re- In its Conference Report, the committee other foreign intelligence targets, it is vital ‘‘concluded that the providers had a good spect to the liability protection for that Congress not allow the core authorities faith basis’’ for responding to the requests these entities. of the Protect America Act to expire, but in- for assistance they received. The Senate In- There is much we cannot discuss, be- stead pass long-term FISA modernization telligence Committee ultimately agreed to cause so much of this program is of a legislation that both includes the collection necessary immunity protections on a nearly classified nature. But I think every- authority conferred by the Protect America unanimous bipartisan 13–2 vote. Twelve Act and provides protection from private body understands the fundamental lawsuits against companies that are believed members of the committee subsequently re- principle involved here, and that is: jected a motion to strike this provision. to have assisted the Government in the When citizens of the United States are aftermath of the September 11th terrorist at- The authors go on to note: asked by their Government to assist, tacks on America. Liability protection is the The immunity offered in S. 2248 applies and they agree to do that in good faith just result for companies who answered their only in a narrow set of circumstances. for the protection of citizens of the Government’s call for assistance. Further, it They note, for example: United States of America, they should will ensure that the Government can con- tinue to rely upon the assistance of the pri- A court must review this certification be- be protected from lawsuits that have vate sector that is so necessary to protect fore an action may be dismissed. This immu- been filed. That is what the amend- the Nation and enforce its laws. nity provision does not extend to the govern- ment of the Senator from Connecticut S. 2248, reported by the Senate Select Com- ment or government officials. would do is to eliminate that protec- mittee on Intelligence, would satisfy both of In other words, they can still be sued. tion, and it is why the amendment these imperatives. That bill was reported out And it does not immunize any criminal should be defeated. of committee on a nearly unanimous 13–2 conduct. vote. Although it is not perfect, it contains I hope my colleagues are recognizing many important provisions, and was devel- This is critical to understand what the seriousness of what these two au- oped through a thoughtful process that re- the amendment does not do. thors of this letter have said when they sulted in a bill that helps ensure that both Let me quote from the final para- recognize the seriousness of the poten- the lives and the civil liberties of Americans graph relating to this particular tial consequences from failing to pro- will be safeguarded. First, it would establish amendment. Attorney General vide this kind of liability protection a firm, long-term foundation for our intel- Mukasey and Admiral McConnell say: and that we will support the Intel- ligence community’s efforts to track terror- ists and other foreign intelligence targets lo- Providing this liability protection is crit- ligence Committee, we will support the cated overseas. Second, S. 2248 would afford ical to the national security. As the Intel- intelligence community, and we will retroactive liability protection to commu- ligence Committee recognized, ‘‘the intel- reject the amendment of the Senator nication service providers that are believed ligence community cannot obtain the intel- from Connecticut. to have assisted the Government with intel- ligence it needs without assistance from EXHIBIT 1 ligence activities in the aftermath of Sep- these companies.’’ That committee also rec- tember 11th. In its report on S. 2248, the In- ognized that companies in the future may be FEBRUARY 5, 2008. telligence Committee recognized that ‘‘with- less willing to assist the government if they Hon. HARRY REID, out retroactive immunity, the private sector face the threat of private lawsuits each time Majority Leader, U.S. Senate, Washington, DC. might be unwilling to cooperate with lawful they are alleged to have provided assistance. DEAR SENATOR REID: This letter presents Government requests in the future without The committee concluded that: ‘‘The pos- the views of the Administration on various unnecessary court involvement and pro- sible reduction in intelligence that might re- amendments to the Foreign Intelligence Sur- tracted litigation. The possible reduction in sult from this delay is simply unacceptable veillance Act of 1978 (FISA) Amendments intelligence that might result from this for the safety of our Nation.’’ Act of 2008 (S. 2248), a bill ‘‘to amend the delay is simply unacceptable for the safety The authors then conclude: Foreign Intelligence Surveillance Act of of our Nation.’’ The committee’s measured 1978, to modernize and streamline the provi- Allowing continued litigation also risks judgment reflects the principle that private sions of that act, and for other purposes.’’ the disclosure of highly classified informa- citizens who respond in good faith to a re- The letter also addresses why it is critical tion regarding intelligence sources and quest for assistance by public basic legal role that the authorities contained in the Protect methods. In addition to providing an advan- officials should not be held liable for their America Act not be allowed to expire. We tage to our adversaries, the potential disclo- actions. Thus, with the inclusion of the pro- have appreciated the willingness of Congress sure of classified information puts the facili- posed manager’s amendment, which would to address the need to modernize FISA and ties and personnel of electronic communica- make necessary technical changes to the to work with the Administration to allow tion service providers at risk. For these rea- bill, we strongly support passage of S. 2248. the intelligence community to collect the For reasons elaborated below, the Adminis- sons, we, as well as the President’s other sen- foreign intelligence information necessary to tration also strongly favors two other pro- ior advisers, will recommend that he veto protect the Nation while protecting the civil posed amendments to the Intelligence Com- any bill that does not afford liability protec- liberties of Americans. We commend Con- mittee’s bill. One would strengthen S. 2248 tion to these companies. gress for the comprehensive approach that it by expanding FISA to permit court-author- This is, I guess one could say, the de- has taken in considering these authorities ized surveillance of international prolifer- finitive word of what the President is and are grateful for the opportunity to en- ators of weapons of mass destruction. The

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1353 other would ensure the timely resolution of astating impact on foreign intelligence sur- In addition, the proposed amendment any challenges to government directives veillance operations; it is unsound as a mat- would create uncertainty by focusing on issued in support of foreign intelligence col- ter of policy; its provisions would be inordi- whether the ‘‘significant purpose . . . is to lection efforts. nately difficult to implement; and thus it is acquire the communication’’ of a person in Certain other amendments have been of- unacceptable. The incidental collection of the United States, not just to target the per- fered to S. 2248, however, that would under- U.S. person communications is not a new son here. To be clear, a ‘‘significant purpose’’ mine significantly the core authorities and issue for the intelligence community. For of intelligence community activities that immunity provisions of that bill. After care- decades, the intelligence community has uti- target individuals outside the United States ful study, we have determined that those lized minimization procedures to ensure that is to detect communications that may pro- amendments would result in a final bill that U.S. person information is properly handled vide warning of homeland attacks, including would not provide the intelligence commu- and ‘‘minimized.’’ It has never been the case communications between a terrorist over- nity with the tools it needs to collect effec- that the mere fact that a person overseas seas and associates in the United States. A tively foreign intelligence information vital happens to communicate with an American provision that bars the intelligence commu- for the security of the Nation. If the Presi- triggers a need for court approval. Indeed, if nity from collecting these communications dent is sent a bill that does not provide the court approval were mandated in such cir- is unacceptable. If this amendment is part of U.S. intelligence agencies the tools they cumstances, there would be grave oper- the bill that is presented to the President, need to protect the nation, the President ational consequences for the intelligence we, as well as the President’s other senior will veto the bill. community’s efforts to collect foreign intel- advisors, will recommend that he veto the I. LIMITATIONS ON THE COLLECTION OF FOREIGN ligence. Accordingly, if this amendment is bill. Imposition of a ‘‘Specific Individual Tar- INTELLIGENCE part of the bill that is presented to the Presi- get’’ Test (No. 3912). This amendment, which Several proposed amendments to S. 2248 dent, we, as well as the President’s other was part of the Judiciary Committee sub- would have a direct, adverse impact on our senior advisors, will recommend that he veto the bill. stitute, would require the Attorney General ability to collect effectively the foreign in- and the Director of National Intelligence to telligence information necessary to protect Imposition of a ‘‘Significant Purpose’’ Test (No. 3913). This amendment, which was part certify that any acquisition ‘‘is limited to the Nation. We note that three of these communications to which any party is a spe- amendments were part of the Senate Judici- of the Judiciary Committee substitute, would require an order from the Foreign In- cific individual target (which shall not be ary Committee substitute, which has already limited to known or named individuals) who been rejected by the Senate on a 60–34 vote. telligence Surveillance Court (FISA Court) if a ‘‘significant purpose’’ of an acquisition tar- is reasonably believed to be located outside We explained why those three amendments the United States.’’ This provision could geting a person abroad is to acquire the com- were unacceptable in our November 14, 2007, hamper United States intelligence oper- munications of a specific person reasonably letter to Senator Leahy regarding the Sen- ations that currently are authorized to be believed to be in the United States. If the ate Judiciary Committee substitute, and the conducted overseas and that could be con- concern driving this proposal is so-called Administration reiterated these concerns in ducted more effectively from the United ‘‘reverse targeting’’—circumstances in which a Statement of Administration Policy (SAP) States without harming the privacy inter- the Government would conduct surveillance issued on December 17, 2007. A copy of that ests of United States persons. For example, of a person overseas when the Government’s letter and the SAP are attached for your ref- the intelligence community may wish to tar- actual target is a person in the United erence. get all communications in a particular States with whom the person overseas is Prohibition on Collecting Vital Foreign In- neighborhood abroad before our armed forces telligence Information (No amendment num- communicating—that situation is already conduct an offensive. This amendment could ber available). This amendment provides addressed in FISA today. If the person in the prevent the intelligence community from that ‘‘no communication shall be acquired United States is the actual target, an order targeting a particular group of buildings or a under [Title VII of S. 2248] if the Government from the FISA Court is required. Indeed, S. geographic area abroad to collect foreign in- knows before or at the time of acquisition 2248 codifies this longstanding Executive telligence prior to such military operations. that the communication is to or from a per- Branch interpretation of FISA. This restriction could have serious con- son reasonably believed to be located in the The amendment would place an unneces- sequences on our ability to collect necessary United States,’’ except as authorized under sary and debilitating burden on our intel- foreign intelligence information, including Title I of FISA or certain other exceptions. ligence community’s ability to conduct sur- information vital to conducting military op- The amendment would require the Govern- veillance without enhancing the protection erations abroad and protecting the lives of ment to ‘‘segregate or specifically des- of the privacy of Americans. The introduc- our service members, and it is unacceptable. ignate’’ any such communication and the tion of this ambiguous ‘‘significant purpose’’ Imposing such additional requirements to Government could access such communica- standard would raise unacceptable oper- the carefully crafted framework provided by tions only under the authorities in Title I of ational uncertainties and problems, making S. 2248 would harm important intelligence FISA or under certain exceptions. Even for it more difficult to collect intelligence when operations without appreciably enhancing communications falling under one of the a foreign terrorist overseas is calling into the privacy interests of Americans. If this limited exceptions or an emergency excep- the United States—which is precisely the amendment is part of the bill that is pre- tion, the Government still would be required communication we generally care most sented to the President, we, as well as the to submit a request to the FISA Court relat- about. Part of the value of the Protect President’s other senior advisors, will rec- ing to such communications. The procedural America Act, and any subsequent legisla- ommend that he veto the bill. mechanisms it would establish would dimin- tion, is to enable the intelligence commu- Limits Dissemination of Foreign Intel- ish our ability swiftly to monitor a commu- nity to collect expeditiously the communica- ligence Information (No. 3915). This amend- nication from a terrorist overseas to a per- tions of terrorists in foreign countries who ment originally was offered in the Senate In- son in the United States—precisely the com- may contact an associate in the United telligence Committee, where it was rejected munication that the intelligence community States. The intelligence community was on a 10–5 vote. The full Senate then rejected may have to act on immediately. Finally, heavily criticized by numerous reviews after the amendment as part of its consideration the amendment would draw unnecessary and September 11, including by the Congressional of the Judiciary Committee amendment. The harmful distinctions between types of for- Joint Inquiry into September 11, regarding proposed amendment would impose signifi- eign intelligence information, allowing the its insufficient attention to detecting com- cant new restrictions on the use of foreign Government to collect communications munications indicating homeland attack intelligence information, including informa- under Title VII from or to the United States plotting. To quote the Congressional Joint tion not concerning United States persons, that contain information relating to ter- Inquiry: obtained or derived from acquisitions using rorism but not other types of foreign intel- The Joint Inquiry has learned that one of targeting procedures that the FISA Court ligence information, such as that relating to the future hijackers communicated with a later found to be unsatisfactory for any rea- the national defense of the United States or known terrorist facility in the Middle East son. By requiring analysts to go back to the attacks, hostile actions, and clandestine in- while he was living in the United States. The relevant databases and extract certain infor- telligence activities of a foreign power. Intelligence Community did not identify the mation, as well as to determine what other This amendment would eviscerate critical domestic origin of those communications information is derived from that informa- core authorities of the Protect America Act prior to September 11, 2001 so that additional tion, this requirement would place a dif- and S. 2248. Our prior letter and the State- FBI investigative efforts could be coordi- ficult, and perhaps insurmountable, oper- ment of Administration Policy explained nated. Despite this country’s substantial ad- ational burden on the intelligence commu- how this type of amendment increases the vantages, there was insufficient focus on nity in implementing authorities that target danger to the Nation and returns the intel- what many would have thought was among terrorists and other foreign intelligence tar- ligence community to a pre-September 11th the most critically important kinds of ter- gets located overseas. The effect of this bur- posture that was heavily criticized in con- rorist-related communications, at least in den would be to divert analysts and other re- gressional reviews. It would have a dev- terms of protecting the Homeland. sources from their core mission-protecting

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1354 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 the Nation-to search for information, includ- scribed in a written request indicating that require all judges of the FISA Court to deter- ing information that does not concern the activity was authorized by the President mine whether the written requests or direc- United States persons. This requirement also and determined to be lawful. A court must tives from the Government complied with 18 stands at odds with the mandate of the Sep- review this certification before an action U.S.C. § 2511(2)(a)(ii), an existing statutory tember 11th Commission that the intel- may be dismissed. This immunity provision protection; whether companies acted in ligence community should find and link dis- does not extend to the Government or Gov- ‘‘good faith reliance of the electronic com- parate pieces of foreign intelligence informa- ernment officials, and it does not immunize munication service provider on the written tion. Finally, the requirement would actu- any criminal conduct. request or directive under paragraph ally degrade—rather than enhance—privacy Providing this liability protection is crit- (1)(A)(ii), such that the electronic commu- protections by requiring analysts to locate ical to the national security. As the Intel- nication service provider had an objectively and examine United States person informa- ligence Committee recognized, ‘‘the intel- reasonable belief under the circumstances tion that would otherwise not be reviewed. ligence community cannot obtain the intel- that the written request or directive was Accordingly, if this amendment is part of the ligence it needs without assistance from lawful’’; or whether the companies did not bill that is presented to the President, we, as these companies.’’ That committee also rec- participate in the alleged intelligence activi- well as the President’s other senior advisors, ognized that companies in the future may be ties. will recommend that he veto the bill. less willing to assist the Government if they This amendment is not acceptable. It is for face the threat of private lawsuits each time II. LIABILITY PROTECTION FOR Congress, not the courts, to make the public they are alleged to have provided assistance. TELECOMMUNICATIONS COMPANIES policy decision whether to grant liability The committee concluded that: ‘‘The pos- Several amendments to S. 2248 would alter protection to telecommunications companies sible reduction in intelligence that might re- who are being sued simply because they are the carefully crafted provisions in that bill sult from this delay is simply unacceptable that afford liability protection to those com- alleged to have assisted the Government in for the safety of our Nation.’’ Allowing con- the aftermath of the September 11th attacks. panies believed to have assisted the Govern- tinued litigation also risks the disclosure of ment in the aftermath of the September 11th The Senate Intelligence Committee has re- highly classified information regarding in- viewed the relevant documents and con- attacks. Extending liability protection to telligence sources and methods. In addition such companies is imperative; failure to do cluded that those who assisted the Govern- to providing an advantage to our adver- ment acted in good faith and received writ- so could limit future cooperation by such saries, the potential disclosure of classified companies and put critical intelligence oper- ten assurances that the activities were law- information puts the facilities and personnel ful and being conducted pursuant to a Presi- ations at risk. Moreover, litigation against of electronic communication service pro- dential authorization. This amendment ef- companies believed to have assisted the Gov- viders at risk. fectively sends a message of no-confidence to ernment risks the disclosure of highly classi- For these reasons, we, as well as the Presi- fied, information regarding extremely sen- dent’s other senior advisors, will recommend the companies who helped our Nation pre- sitive intelligence sources and methds. If any that he veto any bill that does not afford li- vent terrorist attacks in the aftermath of of these amendments is part of the bill that ability protection to these companies. the deadliest foreign attacks on U.S. soil. is presented to the President, we as well as Substituting the Government as the De- Transferring a policy decision critical to our the President’s other senior advisors, will fendant in Litigation (No. 3927). This amend- national security to the FISA Court, which recommend that he veto the bill. ment would substitute the United States as would be limited in its consideration to the Striking the Immunity Provisions (No. the party defendant for any covered civil ac- particular matter before them (without any 3907). This amendment would strike Title II tion against a telecommunications provider consideration of the impact of immunity on of S. 2248, which affords liability protection if certain conditions are met. The Govern- our national security), is unacceptable. to telecommunications companies believed ment would be substituted if the FISA Court In contrast to S. 2248, this amendment to have assisted the Government following determined that the company received a would not allow for the expeditious dismissal the September 11th attacks. This amend- written request that complied with 18 U.S.C. of the relevant litigation. Rather, this ment also would strike the important provi- § 2511(2)(a)(ii)(B), an existing statutory pro- amendment would do little more than trans- sions in the bill that would establish proce- tection; the company acted in ‘‘good faith fer the existing litigation to the full FISA dures for implementing existing statutory . . . pursuant to an objectively reasonable Court and would likely result in protracted defenses in the future and that would pre- belief’’ that compliance with the written re- litigation. The standards in the amendment empt state investigations of assistance pro- quest was permitted by law; or that the com- also are ambiguous and would likely require vided by any electronic communication serv- pany did not participate. fact-finding on the issue of good faith and ice provider to an element of the intelligence Substitution is not an acceptable alter- whether the companies ‘‘had an objectively community. Those provisions are important native to immunity. Substituting the Gov- reasonable belief’’ that assisting the Govern- to ensuring that electronic communication ernment would simply continue the litiga- ment was lawful—even though the Senate In- service providers can take full advantage of tion at the expense of the American tax- telligence Committee has already studied existing immunity provisions and to pro- payer. Substitution does nothing to reduce this issue and concluded such companies did tecting highly classified information. the risk of the further disclosure of highly act in good faith. The companies being sued Affording liability protection to those classified information. The very point of would continue to be subjected to the bur- companies believed to have assisted the Gov- these lawsuits is to prove plaintiffs’ claims dens of the litigation, and the continued liti- ernment with communications intelligence by disclosing classified information regard- gation would increase the risk of the disclo- activities in the aftermath of September ing the activities alleged in the complaints, sure of highly classified information. 11th is a just result and is essential to ensur- and this amendment would permit plaintiffs The procedures set forth under the amend- ing that our intelligence community is able to participate in proceedings before the ment also present insurmountable problems. to carry out its mission. After reviewing the FISA Court regarding the conduct at issue. First, the amendment would permit plain- relevant documents, the Intelligence Com- A judgment finding that a particular com- tiffs to participate in the litigation before mittee determined that providers had acted pany is a Government partner also could re- the FISA Court. This poses a very serious in response to written requests or directives sult in the disclosure of highly classified in- risk of disclosure to plaintiffs of classified stating that the activities had been author- formation regarding intelligence sources and facts over which the Government has as- ized by the President and had been deter- methods and hurt the company’s reputation serted the state secrets privilege and of dis- mined to be lawful. In its Conference Report, overseas. In addition, the companies would closure of these secrets to the public. The the Committee ‘‘concluded that the pro- still face many of the burdens of litigation— FISA Court safeguards national security se- viders . . . had a good faith basis’’ for re- including attorneys’ fees and disruption to crets precisely because the proceedings are sponding to the requests for assistance they their businesses from discovery—because generally ex parte—only the Government ap- received. The Senate Intelligence Committee their conduct will be the key question in the pears. The involvement of plaintiffs also is ultimately agreed to necessary immunity litigation. Such litigation could deter pri- likely to prolong the litigation. Second, as- protections on a nearly-unanimous, bipar- vate sector entities from providing assist- sembling the FISA Court for en banc hear- tisan, 13–2 vote. Twelve Members of the Com- ance to the intelligence community in the ings on these cases could cause delays in the mittee subsequently rejected a motion to future, Finally, the lawsuits could result in disposition of the cases. Third, the amend- strike this provision. the expenditure of taxpayer resources, as the ment would purport to abrogate the state se- The immunity offered in S. 2248 applies U.S. Treasury would be responsible for the crets privilege with respect to proceedings in only in a narrow set of circumstances. An ac- payment of an adverse judgment. If this the FISA Court. This would pose a serious tion may be dismissed only if the Attorney amendment is part of the bill that is pre- risk of harm to the national security by pos- General certifies to the court that either: (i) sented to the President, we, as well as the sibly allowing plaintiffs access to highly the electronic communications service pro- President’s other senior advisors, will rec- classified information about sensitive intel- vider did not provide the assistance; or (ii) ommend that he veto the bill. ligence activities, sources, and methods. The the assistance was provided in the wake of FISA Court Involvement in Determining conclusion of the FISA Court also may re- the September 11th attacks, and was de- Immunity (No. 3919). This amendment would veal sensitive information to the public and

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1355 our adversaries. Beyond these serious policy this legislation. Although we believe that of mass destruction. The amendment would considerations, it also would raise very seri- any sunset is unwise and unnecessary, we expand the definition of ‘‘agent of a foreign ous constitutional questions about the au- support S. 2248 despite its six-year sunset be- power’’ to include non-U.S. persons engaged thority of Congress to abrogate the constitu- cause it meets our operational needs to keep in such activities, even if they cannot be tionally-based privilege over national secu- the country safe by providing needed au- connected to a foreign power before the sur- rity information within the Executive’s con- thorities and liability protection. veillance is initiated. The amendment would trol. This is unnecessary, because classified Imposes Court Review of Compliance with close an existing gap in FISA’s coverage information may be shared with a court in Minimization Procedures (No. 3920). This with respect to surveillance conducted pur- camera and ex parte even when the state se- amendment, which was part of the Judiciary suant to traditional FISA Court orders, and crets privilege is asserted. Fourth, the Committee substitute, would allow the FISA we strongly support it. amendment does not explicitly provide for Court to review compliance with minimiza- Exclusive Means (No. 3910). We understand appeal of determinations by the FISA Court. tion procedures that are used on a pro- that the amendment relating to the exclu- Finally, imposing a standard involving an grammatic basis for the acquisition of for- sive means provision in S. 2248 is undergoing ‘‘objectively reasonable belief’’ is likely to eign intelligence information by targeting additional revision. As a result, we are with- cause companies in the future to feel com- individuals reasonably believed to be outside holding comment on this amendment and its pelled to make an independent finding prior the United States. We strongly oppose this text at this time. We note, however, that we to complying with a lawful Government re- amendment. It could place the FISA Court in support the provision currently contained in quest for assistance. Those companies do not a position where it would conduct individual- S. 2248 and to support its modification, we have access to information necessary to ized review of the intelligence community’s would have to conclude that the amendment make this judgment. Imposition of such a foreign communications intelligence activi- provides for sufficient flexibility to permit standard could cause dangerous delays in ties. While conferring such authority on the the President to protect the Nation ade- critical intelligence operations and put our court is understandable in the context of tra- quately in times of national emergency. national security at risk. As the Intelligence ditional FISA collection, it is anomalous in IV. EXPIRATION Committee recognized in its report on S. this context, where the court’s role is in ap- While it is essential that any FISA mod- 2248, ‘‘the intelligence community cannot ob- proving generally applicable procedures for ernization presented to the President provide tain the intelligence it needs without assist- collection targeting individuals outside the the intelligence community with the tools it ance from these companies.’’ For these rea- United States. needs while safeguarding the civil liberties sons, existing law rightly places no such ob- Congress is aware of the substantial over- of Americans, it is also vital that Congress ligation on telecommunications companies. sight of the use of the authorities contained not permit the authorities of the Protect If this amendment is part of the bill that in the Protect America Act. As noted above, is presented to the President, we, as well as America Act not be allowed simply to expire. S. 2248 significantly increases such oversight As you are aware, the Protect America Act, the President’s other senior advisors, will by mandating semiannual assessments by recommend that he veto the bill. which allowed us temporarily to close gaps the Attorney General and the Director of Na- in our intelligence collection, was to sunset III. OTHER AMENDMENTS tional Intelligence, assessments by each rel- on February 1, 2008. Because Congress indi- Imposing a Short Sunset on the Legisla- evant agency’s Inspector General, and an- cated that it was ‘‘a legislative impos- tion (No. 3930). This amendment would short- nual reviews by the head of any agency con- sibility’’ to meet this deadline, it passed and en the existing sunset provision in S. 2248 ducting operations under Title VII, as well the President signed a fifteen-day extension. from six years to four years. We strongly op- as extensive reporting to Congress and to the Failure to pass long-term legislation during pose it. S. 2248 should not have an expiration FISA Court. The repeated layering of over- this period would degrade our ability to ob- date at all. The threats we face do not come lapping oversight requirements on one as- tain vital foreign intelligence information, with an expiration date, and our authorities pect of intelligence community operations is including the location, intentions, and capa- to counter those threats should be placed on both unnecessary and not the best use of bilities of terrorists and other foreign intel- a permanent foundation. They should not be limited resources and expertise. ligence targets abroad. in a continual state of doubt. Any sunset Expedited FISA Court Review of Chal- First, the expiration of the authorities in provision withholds from our intelligence lenges and Petitions to Compel Compliance the Protect America Act would plunge crit- professionals and our private partners the (No. 3941). This amendment would require ical intelligence programs into a state of un- certainty and permanence they need to pro- the FISA Court to make an initial ruling on certainty which could cause us to delay the tect Americans from terrorism and other the frivolousness of a challenge to a direc- gathering of, or simply miss, critical foreign threats to the national security. The intel- tive issued under the bill within five days, intelligence information. Expiration would ligence community operates much more ef- and to review any challenge that requires result in a degradation of critical tools nec- fectively when the rules governing our intel- plenary review within 30 days. The amend- essary to carry out our national security ligence professionals’ ability to track our ad- ment also provides that if the Constitution mission. Without these authorities, there is versaries are established and are not chang- requires it, the court can take longer to de- significant doubt surrounding the future of ing from year to year. Stability of law also cide the issues before it. The amendment aspects of our operations. For instance, expi- allows the intelligence community and our sets forth similar procedures for the enforce- ration would create uncertainty concerning: private partners to invest resources appro- ment of directives (i.e., when the Govern- The ability to modify certifications and priately. Nor is there any need for a sunset. ment seeks to compel an electronic commu- procedures issued under the Protect America There has been extensive public discussion, nication service provider to furnish assist- Act to reflect operational needs and the im- debate, and consideration of FISA mod- ance or information). This amendment would plementation of procedures to ensure that ernization and there is now a lengthy factual ensure that challenges to directives and peti- agencies are fully integrated protecting the record on the need for this legislation. In- tions to compel compliance with directives Nation; deed, Administration officials have been are adjudicated in a manner that avoids The continuing validity of liability protec- working with Congress since at least the undue delays in critical intelligence collec- tion for those who assist us according to the summer of 2006 on legislation to modernize tion. This amendment would improve the ex- procedures under the Protect America Act; FISA. There also has been extensive congres- isting provisions in S. 2248 pertaining to The continuing validity of the judicial sional oversight and reporting regarding the challenges to directives and petitions to mechanism for compelling the assistance Government’s use of the authorities under compel cooperation by electronic commu- needed to protect our national security; the Protect America Act. In addition, S. 2248 nication service providers, and we strongly The ability to cover intelligence gaps cre- includes substantial congressional oversight support it. ated by new communication paths or tech- of the Government’s use of the authorities Proliferation of Weapons of Mass Destruc- nologies. If the intelligence community un- provided in the bill. This oversight includes tion (No. 3938). This amendment, which covers such new methods, it will need to act provision of various written reports to the would apply to surveillance pursuant to tra- to cover these intelligence gaps. congressional intelligence committees, in- ditional FISA Court orders, would expand All of these aspects of our operations are cluding semiannual assessments by the At- the definition of ‘‘foreign power’’ to include subject to great uncertainty and delay if the torney General and the Director of National groups engaged in the international pro- authorities of the Protect America Act ex- Intelligence, assessments by each relevant liferation of weapons of mass destruction. pire. Indeed, some critical operations will agency’s Inspector General, and annual re- This amendment reflects the threat posed by likely not be possible without the tools pro- views by the head of any agency conducting these catastrophic weapons and extends vided by the Protect America Act. We will be operations under Title VII. Congress can, of FISA to apply to individuals and groups en- forced to pursue intelligence collection course, revisit these issues and amend a stat- gaged in the international proliferation of under FISA’s outdated legal framework—a ute at whatever time it chooses. We there- such weapons. To the extent that they are framework that we already know leads to in- fore urge Congress to provide a long-term so- not also engaged in international terrorism, telligence gaps. This degradation of our in- lution to an out-dated FISA and to resist at- FISA currently does not cover those engaged telligence capability will occur despite the tempts to impose a short expiration date on in the international proliferation of weapons fact that, as the Department of Justice has

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1356 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 notified Congress, the FISA Court has ap- Attorney General. Athens, the home of Howard Univer- proved our targeting procedures pursuant to J.M. MCCONNELL, sity, a city on the Ohio River, a town the Protect America Act. Director of National of Logan in the County of Hocking, a Second, expiration or continued short-term Intelligence. county of about 30,000 people, at 3:30 in extensions of the Protect America Act Mr. KYL. Mr. President, I ask unani- the morning on a cold December night, means that an issue of paramount impor- mous consent that during the quorum tance will not be addressed. This is the issue the people began to line up at the of providing liability protection for those call, which I am about to invoke, we United Methodist Church to go to a who provided vital assistance to the Nation not have time counted against either food pantry. The doors opened at 8. after September 11, 2001. Senior leaders of side as it runs. People in cars were snaked around the the intelligence community have consist- The PRESIDING OFFICER. Without whole area in Logan, and by 1 in the ently emphasized the critical need to address objection, it is so ordered. afternoon, 2,000 people—7 percent of this issue since 2006. See, ‘‘FISA for the 21st Mr. KYL. Mr. President, I suggest the the population of Hocking County, an Century’’ hearing before the Senate Judici- absence of a quorum. ary Committee with Director of the Central Appalachian county where people work The PRESIDING OFFICER. The hard, have raised their kids proudly, Intelligence Agency and Director of the Na- clerk will call the roll. tional Security Agency; 2007 Annual Threat have taken care of themselves and Assessment Hearing before the Senate Select The assistant legislative clerk pro- their neighbors—2,000 people in this Committee on Intelligence with Director of ceeded to call the roll. community of 30,000 had visited this National Intelligence. Ever since the first Mr. BROWN. Mr. President, I ask food bank, many of them driving 25 or Administration proposal to modernize FISA unanimous consent that the order for 30 minutes to get there. in April 2007, the Administration had noted the quorum call be rescinded. Congress, in response, is working on that meeting the intelligence community’s The PRESIDING OFFICER. Without an economic stimulus package that is operational needs had two critical compo- objection, it is so ordered. nents—modernizing FISA’s authorities and desperately needed. The Finance Com- Mr. BROWN. I ask unanimous con- mittee has passed a proposal that puts providing liability protection. The Protect sent to speak as in morning business America Act updated FISA’s legal frame- cash in the hands of working Ameri- work, but it did not address the need for li- and that the time I use not be counted cans and doesn’t turn its back on those ability protection. against debate on the pending amend- in need. As we have discussed above, and the Sen- ments. A stimulus package is two things: ate Intelligence Committee recognized, The PRESIDING OFFICER. Without One, it is to stimulate the economy by ‘‘without retroactive immunity, the private objection, it is so ordered. putting money in the hands of people sector might be unwilling to cooperate with ECONOMIC STIMULUS lawful Government requests in the future who will spend it. Second, it is helping without unnecessary court involvement and Mr. BROWN. My home State of Ohio those people most victimized, hardest protracted litigation.’’ As it concluded, is deep into a foreclosure crisis. Gas hit by the recession. That is why the ‘‘[t]he possible reduction in intelligence that prices are going up, and all energy Finance Committee, better than the might result from this delay is simply unac- prices and transportation costs are President’s version and the House ceptable for the safety of our Nation.’’ In going up. More Americans are living version, will do those two things. It short, if the absence of retroactive liability paycheck to paycheck, hand to mouth, will stimulate the economy better, and protection leads to private partners not co- some not even that lucky. Congress is it will put money in the hands of those operating with foreign intelligence activi- now working on an economic stimulus ties, we can expect more intelligence gaps. who have suffered, who have been hard- Questions surrounding the legality of the package, one that is desperately need- est hit. I applaud the committee for Government’s request for assistance fol- ed. Let me tell the story about some- taking the plight of every American, lowing September 11th should not be re- thing that happened last month in my retirees and disabled veterans, into solved in the context of suits against private home State of Ohio to illustrate how consideration. parties. By granting responsible liability this recession, which has clearly al- The Finance Committee package protection, S. 2248 ‘‘simply recognizes that, ready swept across my State, has had aims at jump-starting this stalled in the specific historical circumstances here, an impact on families, on middle-class economy. For those who are facing in if the private sector relied on written rep- families, on families who consider too many cases heat or eat, whether resentations that high-level Government of- ficials had assessed the [the President’s] pro- themselves middle class and sometimes they can afford food or paying the gram to be legal, they acted in good faith do not—a couple of stories. heating bills, it will provide immediate and should be entitled to protection from One is from Tim in Cleveland. Tim assistance. civil suit.’’ Likewise, we do not believe that told us that for some time, he and his Importantly, the Finance Committee it is constructive—indeed, it is destructive— wife had volunteered at a food bank. package provides relief to 20 million to degrade the ability of the intelligence They donated money to this food bank. seniors and 250,000 disabled Americans community to protect the country by pun- Over time, as his budget got tighter, who were left out of the other package ishing our private partners who are not part his pay wasn’t keeping up with the cost under consideration, the package most of the ongoing debate between the branches of gasoline, heating, the increasing over their respective powers. of my Republican friends are sup- The Protect America Act’s authorities ex- cost of food, and he no longer contrib- porting, the one without help for pire in less than two weeks. The Administra- uted to the food bank, but he and his 250,000 disabled and 20 million seniors. tion remains prepared to work with Congress wife kept working there. More re- Some Republicans, those who are a bit towards the passage of a FISA modernization cently, Tim said that he began to go to more courageous and more willing to bill that would strengthen the Nation’s in- the food bank for food. He said he was break with the President and their telligence capabilities while respecting and a bit embarrassed by that, which he Senate leadership, are supporting the protecting the constitutional rights of Amer- should not have been, and said: I used package that includes 20 million sen- icans, so that the President can sign such a to consider myself middle class. Now I bill into law. Passage of S. 2248 and rejection iors and 250,000 disabled Americans. of those amendments that would undermine do not. He has held the same job, The Finance Committee package in- it would be a critical step in this direction. worked the same long hours, but he is cludes an extension of unemployment We look forward to continuing to work with simply not able to keep up with an insurance, which is a crucial and com- you and the Members of the Senate on these economy under the rules of monsense response in an economic important issues. globalization, where wages are stag- downturn. An awful lot of Ohioans, in Thank you for the opportunity to present nant and prices continue to go up. Toledo and Lima and Dayton and Ham- our views. The Office of Management and Perhaps a more tragic story, only be- ilton and Middletown, have seen their Budget has advised us that from the perspec- cause it involves a larger number of unemployment compensation run out. tive of the Administration’s program, there is no objection to the submission of this let- people, perhaps, than Tim: In Hocking They have been unemployed for 26 ter. County in Logan, OH, a community weeks or longer—a situation they Sincerely, about halfway between Columbus, in didn’t ask to be in, a situation where MICHAEL B. MUKASEY, the center of the State, the capital in they involuntarily were laid off. They

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1357 haven’t been able to find a job in this RECOVERY REBATES AND ECO- The amendment is as follows: economy. Many of them now are in NOMIC STIMULUS FOR THE At the end of the amendment, add the fol- those food banks in Dayton and Cleve- AMERICAN PEOPLE ACT OF 2008 lowing: land and Toledo, and many of them are The PRESIDING OFFICER. The Sen- This section shall take effect 4 days after enactment. looking for help. That is why it is so ate will proceed to H.R. 5140, which the MOTION TO COMMIT important that we put money directly clerk will report by title. into the pockets of people, through The legislative clerk read as follows: Mr. REID. Mr. President, I now move to commit the bill to the Finance Com- seniors, disabled Americans, and with A bill (H.R. 5140) to provide economic stim- the extension of unemployment com- ulus through recovery rebates to individuals, mittee with instructions to report back pensation benefits. incentives for business investment, and an immediately with an amendment. About a week ago, I met with seven increase in conforming and FHA loan limits. The PRESIDING OFFICER. The or eight religious leaders representing The PRESIDING OFFICER. The ma- clerk will report. several Christian denominations, a jority leader is recognized. The legislative clerk read as follows: The Senator from Nevada [Mr. REID] moves rabbi and a leader in the Muslim com- AMENDMENT NO. 3983 to commit H.R. 5140 to the Committee on Fi- munity who came to my office to talk (Purpose: To provide a perfecting about what we need to do to answer the nance with instructions to report back forth- amendment) with with an amendment numbered 3985. call for social justice, the call that Mr. REID. Mr. President, I have an preaches that regardless of one’s faith, Mr. REID. Mr. President, I ask unan- amendment at the desk, and I ask for imous consent that reading of the we have a responsibility, those who are its consideration. more privileged, to those who are less amendment be dispensed with. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without privileged. This economic stimulus clerk will report. package does this. These leaders from objection, it is so ordered. The legislative clerk read as follows: The amendment is as follows: the faith community who visited me The Senator from Nevada [Mr. REID] pro- last week spoke passionately about poses an amendment numbered 3983. AMENDMENT NO. 3985 how, with the LIHEAP program, the Mr. REID. Mr. President, I ask unan- At the end insert the following: program for the elderly indigent who This section shall become effective 3 days imous consent that reading of the after enactment of the bill. can’t afford their heating bills, with amendment be dispensed with. food banks and food stamps and the ex- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask for tension of unemployment benefits, objection, it is so ordered. the yeas and nays. what we need to do in this stimulus (The amendment is printed in today’s The PRESIDING OFFICER. Is there a sufficient second? package, putting money in the pockets RECORD under ‘‘Text of Amendments.’’) of middle-class Americans, including 20 Mr. REID. Mr. President, I ask for There appears to be a sufficient sec- million seniors and 250,000 disabled, the yeas and nays. ond. how that is so very important to cele- The PRESIDING OFFICER. Is there a The yeas and nays were ordered. brate American values. As these reli- sufficient second? AMENDMENT NO. 3986 gious leaders were discussing with me, There appears to be a sufficient sec- Mr. REID. Mr. President, I have an to celebrate our Nation’s values and to ond. amendment at the desk, and I ask that celebrate our faith, it is particularly The yeas and nays were ordered. it be reported at this time. important that we pass a stimulus CLOTURE MOTION The PRESIDING OFFICER. The package that not just stimulates the Mr. REID. Mr. President, I have a clerk will report. economy but helps those people most cloture motion at the desk. The legislative clerk read as follows: in need who have most been hurt by The PRESIDING OFFICER. The clo- The Senator from Nevada [Mr. REID] pro- this recession. ture motion having been presented poses an amendment numbered 3986 to the instructions of the Reid motion to commit. I yield the floor and suggest the ab- under rule XXII, the Chair directs the sence of a quorum. clerk to read the motion. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The The legislative clerk read as follows: imous consent that reading of the amendment be dispensed with. clerk will call the roll. CLOTURE MOTION The PRESIDING OFFICER. Without The assistant legislative clerk pro- We, the undersigned Senators, in accord- objection, it is so ordered. ceeded to call the roll. ance with the provisions of rule XXII of the The amendment is as follows: Mr. REID. Mr. President, I ask unan- Standing Rules of the Senate, hereby move to bring to a close debate on amendment No. On line 2, imous consent that the order for the 3983 to H.R. 5140, the economic stimulus bill. Strike 3 and insert 2. quorum call be rescinded. Herb Kohl, Max Baucus, Mark L. Pryor, Mr. REID. Mr. President, I ask for The PRESIDING OFFICER. Without Byron L. Dorgan, Robert Menendez, the yeas and nays. objection, it is so ordered. Jon Tester, Christopher J. Dodd, Bar- The PRESIDING OFFICER. Is there a bara A. Mikulski, Joseph I. Lieberman, Frank R. Lautenberg, Daniel K. Akaka, sufficient second? f Sheldon Whitehouse, Benjamin L. There appears to be a sufficient sec- Cardin, Robert P. Casey, Jr., Richard ond. RECOVERY REBATES AND ECO- Durbin, Claire McCaskill, Harry Reid. The yeas and nays were ordered. NOMIC STIMULUS FOR THE AMENDMENT NO. 3984 TO AMENDMENT NO. 3983 AMENDMENT NO. 3987 TO AMENDMENT NO. 3986 AMERICAN PEOPLE ACT OF 2008— Mr. REID. Mr. President, I now call Mr. REID. Mr. President, I now call MOTION TO PROCEED up a perfecting amendment to the up a second-degree amendment, which Mr. REID. Mr. President, I ask unan- amendment, which is at the desk. is at the desk. imous consent that the Senate resume The PRESIDING OFFICER. The The PRESIDING OFFICER. The consideration of the motion to proceed clerk will report. clerk will report. to H.R. 5140, the economic stimulus The legislative clerk read as follows: The legislative clerk read as follows: bill. The Senator from Nevada [Mr. REID] pro- The Senator from Nevada [Mr. REID] pro- poses an amendment numbered 3984 to poses an amendment numbered 3987 to The PRESIDING OFFICER. Without amendment No. 3983. amendment No. 3986. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- Is there further debate? imous consent that reading of the imous consent that reading of the If not, the question is on agreeing to amendment be dispensed with. amendment be dispensed with. the motion. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The motion was agreed to. objection, it is so ordered. objection, it is so ordered.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1358 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 The amendment is as follows: proceed to a period for the transaction son Rob. I salute Carol for her 30 years On line 1, of morning business, with Senators al- of service to the Congress and for her Strike 2 and insert 1. lowed to speak therein for a period of loyal and conscientious staff work in Mr. REID. Mr. President, I now ask up to 10 minutes each. my office. unanimous consent that the manda- The PRESIDING OFFICER. Without Over the years, Carol has worked di- tory quorum required under rule XXII objection, it is so ordered. rectly with educators, health care pro- be waived. f viders and community and business The PRESIDING OFFICER. Without leaders in West Virginia and through- objection, it is so ordered. RETIREMENT OF MARTIN out the country to develop and imple- Mr. REID. Mr. President, I ask unan- ‘‘MARTY’’ PAONE ment programs which benefit our citi- imous consent that the Senate resume Mr. BYRD. Mr. President, secretary zens. She was instrumental in the cre- consideration of H.R. 5140 at 4:30 p.m. for the majority, Mr. Martin Paone, is ation of many of the Federal health tomorrow, Wednesday, February 6; leaving the U.S. Senate. I am person- and educational programs we know that a vote on the motion to invoke ally saddened by Marty’s decision be- today and possesses a unique under- cloture on the Reid first-degree amend- cause I have known and worked with standing of these programs and how in- ment occur at 5:45 p.m., with the time Marty for nearly 30 years. I take great stitutions can successfully utilize from 4:30 p.m. to 5:45 p.m. be for debate pride in the fact that, as Senate major- them. with respect to the cloture motion, ity leader, I hired young Marty to work Carol’s Capitol Hill service, includes with the time equally divided and con- in the Senate Democratic Cloakroom 6 years on the Senate Appropriations trolled between the two leaders and in 1979. Three years later, I promoted Committee staff and 15 years as a sen- their designees, with the final 30 min- him to the floor staff of the Senate ior staff aide to my West Virginia of- utes prior to the vote divided 15 min- Democratic Policy Committee. fice. As a professional staff member of utes each for the Republican leader and In both positions, Marty performed the Appropriations Subcommittee on the majority leader, with the majority his work for the Senate with incredible Labor, Health and Human Services, leader controlling the final 15 minutes; dedication and professionalism. In fact, Education and Related Agencies, she and that Members have until 4 p.m. to in a floor statement I made on October was a trusted adviser to subcommittee file any germane second-degree amend- 11, 1988, I acknowledged the ‘‘dis- chairman TOM HARKIN. She regularly ments. ciplined, orderly thinking’’ which briefed subcommittee members on Fed- The PRESIDING OFFICER. Is there Marty had brought to his work in the eral programs totaling in the billions objection? Senate, and complimented him on his of dollars. Mr. REID. If the Senator would with- ‘‘calm demeanor under pressure.’’ Prior to joining the Appropriations hold. I was most pleased, but not surprised, Committee as a professional staffer, The PRESIDING OFFICER. The ma- when Senate Majority Leader Mitchell Carol worked for Senator Robert P. jority leader. selected Marty Paone to be assistant Griffin of Michigan and Congressman Mr. REID. OK. secretary for the majority, and Senate William T. Cahill of New Jersey. The PRESIDING OFFICER. Is there Majority Leaders Daschle and REID Carol was an exemplary public serv- objection? chose him to be secretary for the ma- ant who has made a significant, posi- Mr. MCCONNELL. Mr. President, re- jority. This last position, of course, is tive difference in the lives of many serving the right to object, I ask unani- one of the most important positions in people she may never meet. I thank mous consent that the consent be the Senate. The secretary for the ma- Carol for her fine service to her coun- modified so that if cloture is not in- jority is regarded as the Senate’s try, and wish her well in whatever en- voked on the Finance amendment, that ‘‘chief legislative officer’’ because the deavors she undertakes in her retire- amendment be withdrawn and the Sen- office digests and processes all legisla- ment years. ate proceed to a vote on the McCon- tive proposals which come before the f nell-Stevens amendment regarding sen- Senate. Marty thoroughly mastered his iors, veterans, and illegal immigrants, difficult and demanding responsibil- THE MATTHEW SHEPARD ACT OF and that following the disposition of ities. He has carefully studied the Sen- 2007 these amendments, the bill, as amend- ate’s rules and precedents. He under- Mr. SMITH. Mr. President, I rise ed, if amended, be read a third time stands how this great institution really today to speak about the need for hate and the Senate proceed to a vote on works. crimes legislation. Each Congress, Sen- passage. The dedication and diligence which ator KENNEDY and I introduce hate The PRESIDING OFFICER. Is there Marty brought to every position in crimes legislation that would strength- objection? which he has served the Senate have en and add new categories to current Mr. REID. Mr. President, I respect- only been enhanced by his friendly, hate crimes law, sending a signal that fully object to the request. helpful demeanor. Marty Paone was al- violence of any kind is unacceptable in The PRESIDING OFFICER. Objec- ways on the job and at the top of his our society. Likewise, each Congress I tion is heard. have come to the floor to highlight a Is there objection to the majority game. separate hate crime that has occurred leader’s request? Mr. President, it will be hard to say in our country. Without objection, it is so ordered. goodbye, but I wish Marty and his love- Mr. REID. I suggest the absence of a ly wife Ruby, also a Senate staffer, all In the early morning of February 2, quorum. the happiness in the world. 2008, a gay couple, Thomas Colonna and The PRESIDING OFFICER. The f Brad Crelia, were walking in the Cap- itol Hill area of Seattle, when they clerk will call the roll. RECOGNIZING CAROL MITCHELL The legislative clerk proceeded to were nearly struck by a vehicle. The call the roll. Mr. BYRD. Mr. President, I rise to car then screeched to a halt, and sev- Mr. REID. Mr. President, I ask unan- recognize one of my former longtime eral men exited, yelling anti-gay slurs. imous consent that the order for the staff members, Carol Mitchell, who for The couple attempted to run away, but quorum call be rescinded. 15 years helped me improve health care Crelia, who had a broken foot, was un- The PRESIDING OFFICER. Without delivery and services throughout West able to move quickly. The attackers objection, it is so ordered. Virginia and the Nation. Carol has con- descended upon the two men, still hurl- f tinued her contributions to public ing epithets as they began to hit them. health by working in the private sector One assailant snatched the cane Crelia MORNING BUSINESS for the past 12 years. had been using to support his weight Mr. REID. Mr. President, I ask unan- Carol has decided to retire to enjoy and began to beat him around the head imous consent that the Senate now more time with her husband David and and face with it. Crelia and Colonna

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I am proud to duty is to defend its citizens, to defend It is hard to imagine a more powerful have citizens like Jeb from the State of them against the harms that come out example of courage than that which Arkansas who so valiantly and honor- of hate. Federal laws intended to pro- Duncan Crookston and his family dem- ably serve this Nation. tect individuals from heinous and vio- onstrated over the last few months of I had the pleasure of having break- lent crimes motivated by hate are woe- his life. There are no words that can fast with Jeb before he deployed to fully inadequate. This legislation capture the pain or grief they must Iraq, and I was truly inspired and im- would better equip the Government to have endured as they battled for his pressed by his commitment and duty to fulfill its most important obligation by life. our country. It is with great thanks protecting new groups of people as well To his wife Meaghun, to his father that I commend Corporal Neel for his as better protecting citizens already Christopher, to his mother Lee, and to service. Today, Jeb leaves the Marine covered under deficient laws. I believe his five brothers, our thoughts and Corps and moves on to do other great that by passing this legislation and prayers are with you. You have made a things with his life. I think we should changing current law, we can change sacrifice that a grateful Nation can all take this opportunity to recognize hearts and minds as well. never repay. I hope that one day your what our service men and women like f sorrow will salved by your pride in Jeb Neel sacrifice for this great Nation. knowing that Duncan served the Na- I thank him for his service.∑ HONORING OUR ARMED FORCES tion with overwhelming honor, cour- f CORPORAL DUNCAN C. CROOKSTON age, and dignity. He will never be for- Mr. SALAZAR. Mr. President, I rise gotten. MESSAGES FROM THE PRESIDENT today to honor the memory of CPL f Messages from the President of the Duncan Crookston, who died recently ADDITIONAL STATEMENTS United States were communicated to at Brook Army Medial Center in Texas the Senate by Mrs. Neiman, one of his from wounds he sustained when a road- secretaries. side blast tore through his humvee on TRIBUTE TO CORPORAL JUSTIN B. September 4, 2007. The attack killed f ‘‘JEB’’ NEEL three other soldiers in his vehicle. EXECUTIVE MESSAGES REFERRED When he died on January 25, Duncan ∑ Mr. PRYOR. Mr. President, it is with As in executive session the Presiding was 1 day shy of his 20th birthday. great pleasure that today I commend a Officer laid before the Senate messages Corporal Crookston’s friends and great American and Arkansan on his from the President of the United family gathered at Fort Logan Na- last day of duty in the Marine Corps. States submitting sundry nominations tional Cemetery in Denver on Saturday Cpl Justin B. ‘‘Jeb’’ Neel grew up in which were referred to the appropriate to share their memories of a young Little Rock and attended Little Rock committees. man of extraordinary energy and tal- Catholic High where he was a member (The nominations received today are ent who chose to devote himself to the of their prestigious and well-known printed at the end of the Senate pro- service of his country. His fellow sol- Marine Junior Reserve Officer Training ceedings.) diers say he chose the Army knowing Corps. He went on to graduate from the the dangers and accepting the possi- University of Arkansas, my alma f mater, with his bachelor’s of art in bility of losing his life. He did his job REPORTS OF COMMITTEES and ‘‘he met his calling,’’ one soldier criminal justice. He was also a member said. of the Sigma Alpha Epsilon fraternity, The following reports of committees Duncan joined the Army shortly of which I am a member. were submitted: after graduating from Denver West Upon his graduation in 2003, Jeb en- By Mr. DORGAN, from the Committee on High School. With his standardized test listed in the Marine Corps and an- Indian Affairs, without amendment: scores, any university in the country swered the call to serve his country. S. 310. A bill to express the policy of the After completing boot camp in San United States regarding the United States would have been lucky to have him, relationship with Native Hawaiians and to but he was committed to doing right Diego, Jeb was assigned to the Marine provide a process for the recognition by the by his Nation and by those with whom Barracks in Washington, DC. While United States of the Native Hawaiian gov- he served. In the Army, it became im- there, Jeb served as a member of the erning entity (Rept. No. 110–260). mediately clear that he had a mind for world famous U.S. Marine Body Bearer By Mr. INOUYE, from the Committee on engineering and electronics, so he be- section. This small but vital group is Commerce, Science, and Transportation, came the radio-tech operator in his composed of marines within one of the with amendments: unit. He could fix almost anything, and ceremonial drill companies at the Ma- S. 1892. A bill to reauthorize the Coast rine Barracks. Guard for fiscal year 2008, and for other pur- in the toughest conditions. poses (Rept. No. 110–261). For almost 5 months after the Bagh- As a marine in Bravo Company, Jeb dad blast, Corporal Crookston hung on. was charged with the difficult duty of f His wife Meaghun and his mother Lee receiving marines who had been killed INTRODUCTION OF BILLS AND stayed by his side at Brook Army Med- in Iraq and Afghanistan. Eventually, JOINT RESOLUTIONS ical Center, helping him in his fight for Jeb was called to serve in the global recovery. His wounds, though, were war on terror, and in February 2007, he The following bills and joint resolu- simply too grave. He had burns over 50 deployed to Al Anbar Province in west- tions were introduced, read the first percent of his body, lost both of his ern Iraq. While in Al Anbar, Jeb and and second times by unanimous con- legs, his right arm, and his left hand. his fellow marines performed missions sent, and referred as indicated: There was no limit, it seems, to Cor- that included month-long hikes up the By Mr. DEMINT: poral Crookston’s courage. On a mis- Euphrates River searching for weapons S. 2592. A bill to amend the Internal Rev- sion, he always wanted to be out front. caches and fallen marines. They also enue Code of 1986 to provide for permanent tax incentives for economic growth; to the In the hospital, he fought the odds to performed foot patrols in cities across Committee on Finance. the end. Al Anbar including Fallujah and Hit. By Mr. BINGAMAN (for himself, Mr. Corporal Crookston’s courage is all By all accounts Jeb and his fellow ma- DOMENICI, Mrs. FEINSTEIN, Mr. AL- the more admirable for the fact that he rines greatly contributed to the mis- LARD, Mr. WYDEN, Mr. SALAZAR, Ms.

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CANTWELL, Mr. CRAIG, Mr. AKAKA, (Mr. SESSIONS) was added as a cospon- nal Revenue Code of 1986 to make geo- and Mr. CRAPO): sor of S. 1335, a bill to amend title 4, thermal heat pump systems eligible for S. 2593. A bill to establish a program at the United States Code, to declare English the energy credit and the residential Forest Service and the Department of the In- as the official language of the Govern- energy efficient property credit, and terior to carry out collaborative ecological restoration treatments for priority forest ment of the United States, and for for other purposes. landscapes on public land, and for other pur- other purposes. S. 2368 poses; to the Committee on Energy and Nat- S. 1411 At the request of Mr. PRYOR, the ural Resources. At the request of Mr. LAUTENBERG, name of the Senator from Maine (Ms. f the name of the Senator from New Jer- SNOWE) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND sey (Mr. MENENDEZ) was added as a co- 2368, a bill to provide immigration re- SENATE RESOLUTIONS sponsor of S. 1411, a bill to amend the form by securing America’s borders, Clean Air Act to establish within the clarifying and enforcing existing laws, The following concurrent resolutions Environmental Protection Agency an and enabling a practical employer and Senate resolutions were read, and office to measure and report on green- verification program. referred (or acted upon), as indicated: house gas emissions of Federal agen- S. 2408 By Mrs. DOLE: cies. At the request of Mr. KERRY, the S. Res. 443. A resolution designating Feb- S. 1576 name of the Senator from Tennessee ruary 2008 as ‘‘Go Direct Month’’; considered (Mr. ALEXANDER) was added as a co- and agreed to. At the request of Mr. KENNEDY, the sponsor of S. 2408, a bill to amend title f name of the Senator from New Jersey (Mr. MENENDEZ) was added as a cospon- XVIII of the Social Security Act to re- ADDITIONAL COSPONSORS sor of S. 1576, a bill to amend the Pub- quire physician utilization of the Medi- S. 573 lic Health Service Act to improve the care electronic prescription drug pro- gram. At the request of Ms. STABENOW, the health and healthcare of racial and name of the Senator from Georgia (Mr. ethnic minority groups. S. 2433 ISAKSON) was added as a cosponsor of S. S. 1661 At the request of Mr. LUGAR, his 573, a bill to amend the Federal Food, At the request of Mr. DORGAN, the name was added as a cosponsor of S. Drug, and Cosmetic Act and the Public names of the Senator from New Jersey 2433, a bill to require the President to Health Service Act to improve the pre- (Mr. MENENDEZ) and the Senator from develop and implement a comprehen- vention, diagnosis, and treatment of Maryland (Mr. CARDIN) were added as sive strategy to further the United heart disease, stroke, and other cardio- cosponsors of S. 1661, a bill to commu- States foreign policy objective of pro- vascular diseases in women. nicate United States travel policies moting the reduction of global poverty, the elimination of extreme global pov- S. 625 and improve marketing and other ac- erty, and the achievement of the Mil- At the request of Mr. KENNEDY, the tivities designed to increase travel in lennium Development Goal of reducing name of the Senator from Louisiana the United States from abroad. by one-half the proportion of people (Ms. LANDRIEU) was added as a cospon- S. 1843 worldwide, between 1990 and 2015, who sor of S. 625, a bill to protect the public At the request of Mr. KENNEDY, the live on less than $1 per day. health by providing the Food and Drug name of the Senator from Virginia (Mr. S. 2550 Administration with certain authority WEBB) was added as a cosponsor of S. At the request of Mrs. HUTCHISON, the to regulate tobacco products. 1843, a bill to amend title VII of the names of the Senator from Washington S. 626 Civil Rights Act of 1964 and the Age (Mrs. MURRAY) and the Senator from Discrimination in Employment Act of At the request of Mr. KENNEDY, the Tennessee (Mr. ALEXANDER) were added 1967 to clarify that an unlawful prac- name of the Senator from Montana as cosponsors of S. 2550, a bill to amend tice occurs each time compensation is (Mr. TESTER) was added as a cosponsor title 38, United States Code, to prohibit paid pursuant to a discriminatory com- of S. 626, a bill to amend the Public the Secretary of Veterans Affairs from pensation decision or other practice, Health Service Act to provide for ar- collecting certain debts owed to the and for other purposes. thritis research and public health, and United States by members of the for other purposes. S. 1906 Armed Forces and veterans who die as S. 836 At the request of Mr. COLEMAN, the a result of an injury incurred or aggra- At the request of Mr. LAUTENBERG, name of the Senator from Georgia (Mr. vated on active duty in a combat zone, the name of the Senator from Ohio ISAKSON) was added as a cosponsor of S. and for other purposes. 1906, a bill to understand and com- (Mr. BROWN) was added as a cosponsor S. 2559 prehensively address the oral health of S. 836, a bill to amend the Federal At the request of Mr. DODD, the name problems associated with methamphet- Water Pollution Control Act to author- of the Senator from Maine (Ms. COL- amine use. ize appropriations for sewer overflow LINS) was added as a cosponsor of S. control grants. S. 2071 2559, a bill to amend title II of the So- S. 911 At the request of Mrs. FEINSTEIN, the cial Security Act to increase the level At the request of Mr. REED, the name of the Senator from Iowa (Mr. of earnings under which no individual names of the Senator from Virginia GRASSLEY) was added as a cosponsor of who is blind is determined to have (Mr. WEBB) and the Senator from S. 2071, a bill to enhance the ability to demonstrated an ability to engage in Washington (Ms. CANTWELL) were combat methamphetamine. substantial gainful activity for pur- added as cosponsors of S. 911, a bill to S. 2173 poses of determining disability. amend the Public Health Service Act At the request of Mr. HARKIN, the S. 2561 to advance medical research and treat- name of the Senator from Nevada (Mr. At the request of Mr. REID, the name ments into pediatric cancers, ensure ENSIGN) was added as a cosponsor of S. of the Senator from Nevada (Mr. EN- patients and families have access to 2173, a bill to amend the Elementary SIGN) was added as a cosponsor of S. the current treatments and informa- and Secondary Education Act of 1965 to 2561, a bill to require the Secretary of tion regarding pediatric cancers, estab- improve standards for physical edu- the Interior to conduct a theme study lish a population-based national child- cation. to identify sites and resources to com- hood cancer database, and promote S. 2314 memorate and interpret the Cold War. public awareness of pediatric cancers. At the request of Mr. SALAZAR, the S. 2566 S. 1335 name of the Senator from Washington At the request of Mr. ISAKSON, the At the request of Mr. INHOFE, the (Ms. CANTWELL) was added as a cospon- names of the Senator from Tennessee name of the Senator from Alabama sor of S. 2314, a bill to amend the Inter- (Mr. CORKER), the Senator from Alaska

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(Ms. MURKOWSKI), the Senator from STATEMENTS ON INTRODUCED ful economic development, another Kansas (Mr. ROBERTS) and the Senator BILLS AND JOINT RESOLUTIONS issue we have emphasized in our bill. In from New Hampshire (Mr. SUNUNU) By Mr. BINGAMAN (for himself, many cases, forest restoration will not were added as cosponsors of S. 2566, a Mr. DOMENICI, Mrs. FEINSTEIN, be fiscally viable unless we can put the bill to amend the Internal Revenue Mr. ALLARD, Mr. WYDEN, Mr. byproducts of restoration to economic Code of 1986 to provide a Federal in- SALAZAR, Ms. CANTWELL, Mr. use. Large-scale forest restoration ef- come tax credit for certain home pur- CRAIG, Mr. AKAKA, and Mr. forts can help to provide economies of chases. CRAPO): scale, and long-term efforts can help to S. 2577 S. 2593. A bill to establish a program provide entrepreneurs with the con- At the request of Mr. LAUTENBERG, at the Forest Service and the Depart- fidence that encourages investment the name of the Senator from Mary- ment of the Interior to carry out col- and initiative. land (Ms. MIKULSKI) was added as a co- laborative ecological restoration treat- So, our bill will help to make the res- sponsor of S. 2577, a bill to establish ments for priority forest landscapes on toration economy a reality by facili- background check procedures for gun public land, and for other purposes; to tating the use of restoration byprod- shows. the Committee on Energy and Natural ucts. S. 2578 Resources. Third, landscape restoration is nec- At the request of Mr. COLEMAN, the Mr. BINGAMAN. Mr. President, essary for the health of many of our name of the Senator from Ohio (Mr. today, I am introducing the Forest forest ecosystems, which also is em- BROWN) was added as a cosponsor of S. Landscape Restoration Act. I developed phasized in our bill. We need healthy 2578, a bill to temporarily delay appli- this bill with Senators DOMENICI and landscapes for a clean, abundant, and cation of proposed changes to Medicaid FEINSTEIN, and I am pleased they have controlled water supply. We need them payment rules for case management joined as cosponsors. The bill also is for clean air and carbon sequestration. and targeted case management serv- cosponsored by Senators ALLARD, We need them to support fish and wild- ices. WYDEN, SALAZAR, CANTWELL, CRAIG, life. And we need healthy forest eco- systems if they are to have a chance to S. RES. 432 AKAKA, and CRAPO. I also am pleased survive the pressures of climate At the request of Mr. LUGAR, the that Chairman GRIJALVA will be intro- change. Fire suppression and other names of the Senator from North Caro- ducing a companion bill in the House of land uses have caused entire forest lina (Mr. BURR), the Senator from Ne- Representatives, and I look forward to landscapes to deteriorate, and we can- braska (Mr. HAGEL), the Senator from working with him as his subcommittee not reverse that deterioration without Ohio (Mr. VOINOVICH), the Senator from in the Natural Resources Committee landscape-level restoration. Georgia (Mr. ISAKSON), the Senator moves forward with the bill. So, our bill provides a unique pro- from North Carolina (Mrs. DOLE), the The bill establishes a program to se- gram to conduct comprehensive eco- Senator from Minnesota (Mr. COLE- lect and fund projects that restore for- system restoration through landscape- MAN), the Senator from New Hampshire ests at a landscape scale through a scale treatments. (Mr. SUNUNU) and the Senator from process that encourages collaboration, Our bill also builds upon the existing Vermont (Mr. LEAHY) were added as co- relies on the best available science, fa- successes in forest restoration by re- sponsors of S. Res. 432, a resolution cilitates local economic development, quiring collaboration and the best urging the international community to and leverages local funds with national available science to form the founda- provide the United Nations-African and private funding. tion for landscape restoration. Union Mission in Sudan with essential As many of my colleagues know, we are facing serious forest health and Despite the importance of landscape- tactical and utility helicopters. scale restoration, neither the National At the request of Mr. BIDEN, the wildfire challenges in many of our Na- Fire Plan, nor the Healthy Forests name of the Senator from Vermont tional Forests. A century of over-ag- Restoration Act, nor any of our other (Mr. SANDERS) was added as a cospon- gressive fire suppression, logging, and efforts have been very successful in fa- sor of S. Res. 432, supra. other land uses have significantly dete- riorated entire landscapes. These con- cilitating restoration and hazardous S. RES. 434 ditions have played an important role fuels reduction on landscape scales. A At the request of Mr. BIDEN, the in the extraordinary wildfires and in- lack of sufficient funding is one of the names of the Senator from Indiana sect-caused mortality we have seen on primary reasons. Restoring landscapes (Mr. BAYH) and the Senator from Geor- millions of acres of National Forest takes a significant amount of funding gia (Mr. ISAKSON) were added as co- and other lands. To address these prob- over a significant period of time. That sponsors of S. Res. 434, a resolution lems, it is critical to begin trying to has proven to be beyond the capacity of designating the week of February 10–16, restore our forests at a landscape scale. the local and regional agency budgets. 2008, as ‘‘National Drug Prevention and Landscape-scale restoration is impor- To address this problem, the Forest Education Week’’. tant because, first, it is key to control- Landscape Restoration Act authorizes AMENDMENT NO. 3938 ling wildfire suppression costs, which is $40 million per year for 10 years to be At the request of Mr. BOND, the name one of the issues that is emphasized in paid into a national pool. Eligible land- of the Senator from West Virginia (Mr. our bill. Wildland fire appropriations scape restoration projects from around ROCKEFELLER) was added as a cospon- have more than tripled in the last dec- the country would compete for a por- sor of amendment No. 3938 proposed to ade, and we are now spending billions tion of that money. Forty million dol- S. 2248, an original bill to amend the every year trying to suppress fires. We lars is not nearly enough money to Foreign Intelligence Surveillance Act will not be able to get control of the fund landscape-scale treatments in all of 1978, to modernize and streamline ballooning costs of fire suppression of the forest landscapes in need of res- the provisions of that Act, and for until we can allow more fires to play toration, but it is a realistic amount of other purposes. their natural, beneficial role in restor- funding, and it is enough to make land- AMENDMENT NO. 3941 ing and maintaining healthy, fire-resil- scape-scale restoration a reality. At the request of Mr. BOND, the name ient forests. But that will not be pos- Because of funding and other chal- of the Senator from West Virginia (Mr. sible until we can reduce hazardous lenges, landscape-scale restoration re- ROCKEFELLER) was added as a cospon- fuels and the risk of unnaturally in- mains largely theoretical. As a result, sor of amendment No. 3941 proposed to tense fire on a landscape scale. this legislation is designed to be both S. 2248, an original bill to amend the So, our bill will help to reduce wild- practical and experimental. It does not Foreign Intelligence Surveillance Act fire suppression costs through forest redirect existing efforts. It instead of 1978, to modernize and streamline restoration. adds to existing efforts by creating a the provisions of that Act, and for Second, landscape-scale restoration program that will make planning, other purposes. is an important component of success- funding, and carrying out at least a

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1362 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 handful of landscape-scale forest res- laborative forest landscape restoration pro- (B) a decrease in the unit costs of imple- toration projects possible. If it is suc- posal shall— menting ecological restoration treatments cessful—and I think it will be—we can (1) be based on a landscape restoration over time; strategy that— expand it in the future. (5) estimate— (A) is complete or substantially complete; (A) the annual Federal funding necessary I would again like to thank Senators (B) identifies and prioritizes ecological res- to implement the proposal; and DOMENICI and FEINSTEIN and the other toration treatments for a 10-year period (B) the amount of new non-Federal invest- cosponsors of the bill. I appreciate the across a landscape that is— ment for carrying out the proposal that stakeholders who have written to sup- (i) at least 50,000 acres; would be leveraged by Federal funding for port this bill, including the Nature (ii) comprised primarily of forested Na- ecological restoration treatments; and Conservancy—which has been very sup- tional Forest System land, but may also in- (6) be subject to any other requirements portive of our effort—American For- clude other Federal, State, tribal, or private that the Secretary determines to be nec- land; ests, the Forest Guild, Sustainable essary for the efficient and effective admin- (iii) in need of active ecosystem restora- istration of the program. Northwest, the Watershed Research tion; and (c) NOMINATION PROCESS.— and Training Center, and Conservation (iv) accessible by existing or proposed (1) SUBMISSION.—Collaborative forest land- Northwest. I look forward to working wood-processing infrastructure at an appro- scape restoration proposals shall be sub- with them and the many other stake- priate scale to use woody biomass and small- mitted to the appropriate Regional Forester holders as we move forward with the diameter wood removed in ecological res- for consideration. bill. toration treatments; (2) NOMINATION.—A Regional Forester may (C) incorporates— nominate collaborative forest landscape res- Mr. President, I ask unanimous con- (i) the best available science and scientific sent that the text of the bill be printed toration proposals for selection by the Sec- application tools in ecological restoration retary. in the RECORD. strategies; and (3) DOCUMENTATION.—With respect to each There being no objection, the text of (ii) the requirements for old-growth main- collaborative forest landscape restoration the bill was ordered to be printed in tenance, restoration, and management direc- proposal that is nominated under paragraph the RECORD, as follows: tion of paragraphs (2), (3), and (4) of sub- (2)— section (e) and the requirements for large- S. 2593 (A) the appropriate Regional Forester tree retention of subsection (f) of section 102 Be it enacted by the Senate and House of Rep- shall— of the Healthy Forests Restoration Act of (i) include a proposal to use Federal funds resentatives of the United States of America in 2003 (16 U.S.C. 6512); and Congress assembled, allocated to the region to fund those costs of (D) does not include the establishment of planning and carrying out ecological restora- SECTION 1. SHORT TITLE. permanent roads; tion treatments on National Forest land con- This Act may be cited as the ‘‘Forest (2) be developed and implemented through sistent with the landscape restoration strat- Landscape Restoration Act of 2008’’. a collaborative process that— egy that would not be covered by amounts (A) includes multiple stakeholders rep- SEC. 2. PURPOSE. transferred to the Secretary from the Fund; resenting diverse interests; The purpose of this Act is to encourage the and (B)(i) is transparent and nonexclusive; or collaborative, science-based ecosystem res- (ii) provide evidence that amounts pro- (ii) meets the requirements for a resource toration of priority forest landscapes posed to be transferred to the Secretary from advisory committee under section 205 of the through a process that— the Fund during the first 2 years following Secure Rural Schools and Community Self- (1) encourages ecological, economic, and selection would be used to carry out ecologi- Determination Act of 2000 (16 U.S.C. 500 note; social sustainability; cal restoration treatments consistent with Public Law 106–393); and (2) leverages local resources with national the landscape restoration strategy during (C) has an established record of successful and private resources; the same fiscal year in which the funds are (3) facilitates the reduction of wildfire planning and implementation of ecological restoration projects on National Forest Sys- transferred to the Secretary; management costs, including through rees- (B) if actions under the jurisdiction of the tablishing natural fire regimes and reducing tem land; (3) describe plans to— Secretary of the Interior are proposed, the the risk of uncharacteristic wildfire; and nomination shall require— (4) demonstrates the degree to which— (A) use fire for ecological restoration and maintenance, where appropriate; (i) the concurrence of the appropriate offi- (A) various ecological restoration tech- cial of the Department of the Interior; and niques— (B) improve fish and wildlife habitat, in- cluding for endangered, threatened, and sen- (ii) a proposal to fund ecological restora- (i) achieve ecological health objectives; tion treatments consistent with the land- and sitive species; (C) maintain or improve water quality; scape restoration strategy that would be car- (ii) affect wildfire activity and manage- ried out by the Secretary of the Interior; and ment costs; and (D) prevent, remediate, or control inva- sions of exotic species; (C) if actions on land not under the juris- (B) the use of forest restoration byproducts (E) maintain or decommission roads; diction of the Secretary or the Secretary of can offset treatment costs while benefitting (F) use woody biomass and small-diameter the Interior are proposed, the appropriate rural economies and improving forest health. trees produced from projects implementing Regional Forester shall provide evidence SEC. 3. DEFINITIONS. the landscape restoration strategy; that the landowner intends to participate in, In this Act: (G) report annually on performance, in- and provide appropriate funding to carry (1) FUND.—The term ‘‘Fund’’ means the cluding through performance measures from out, the actions. Collaborative Forest Landscape Restoration the Plan; (d) SELECTION PROCESS.— Fund established by section 4(f). (H) develop small business incubators and (1) IN GENERAL.—After consulting with any (2) PLAN.—The term ‘‘Plan’’ means the provide employment and training opportuni- scientific and technical advisory panels es- plan entitled the ‘‘10 Year Comprehensive ties to people in rural communities, includ- tablished under subsection (e), the Sec- Strategy Implementation Plan’’ and dated ing contracts for monitoring activities, retary, in consultation with the Secretary of December 2006. through— the Interior, shall, subject to paragraph (2), (3) PROGRAM.—The term ‘‘program’’ means (i) local private, nonprofit, or cooperative select the best collaborative forest landscape the Collaborative Forest Landscape Restora- entities; restoration proposals that— tion Program established under section 4(a). (ii) Youth Conservation Corps crews or re- (A) have been nominated under subsection (4) SECRETARY.—The term ‘‘Secretary’’ lated partnerships, with State, local, and (c)(2); and means the Secretary of Agriculture, acting non-profit youth groups; (B) meet the eligibility criteria established through the Chief of the Forest Service. (iii) small or micro-businesses; or by subsection (b). SEC. 4. COLLABORATIVE FOREST LANDSCAPE (iv) other entities that will hire or train a (2) CRITERIA.—In selecting collaborative RESTORATION PROGRAM. significant percentage of local people to forest landscape restoration proposals under (a) IN GENERAL.—The Secretary, in con- complete such contracts; and paragraph (1), the Secretary shall give spe- sultation with the Secretary of the Interior, (I) take into account any applicable com- cial consideration to— shall establish a Collaborative Forest Land- munity wildfire protection plan (as defined (A) the strength of the ecological case of scape Restoration Program to select and in section 101 of the Healthy Forests Res- the proposal for landscape restoration and fund ecological restoration treatments for toration Act of 2003 (16 U.S.C. 6511)); the proposed restoration strategies; priority forest landscapes in accordance with (4) analyze the anticipated cost savings re- (B) the strength of the collaborative proc- applicable law. sulting from— ess; (b) ELIGIBILITY CRITERIA.—To be eligible (A) reduced wildfire management costs; (C) whether the proposal would reduce the for nomination under subsection (c), a col- and relative costs of carrying out treatments as

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1363 a result of the use of woody biomass and (i) on original issue at the issue price; or holders, use a multiparty monitoring, eval- small-diameter trees; (ii) by purchase of outstanding obligations uation, and accountability process to assess (D) whether the proposal is likely to at the market price. the positive or negative ecological, social, achieve reductions in long-term wildfire (D) SALE OF OBLIGATIONS.—Any obligation and economic effects of each project imple- management costs; acquired by the Fund may be sold by the menting a selected collaborative forest land- (E) the strength of the landscape restora- Secretary of the Treasury at the market scape restoration proposal for not less than tion proposal and strategy; and price. 15 years after project implementation com- (F) whether an appropriate level of non- (E) CREDITS TO FUND.—The interest on, and mences. Federal investment would be leveraged in the proceeds from the sale or redemption of, (h) REPORT.—Not later than 5 years after carrying out the proposal. any obligations held in the Fund shall be the first fiscal year in which funding is made (3) LIMITATION.—The Secretary may select credited to and form a part of the Fund. available to carry out ecological restoration not more than— (4) ACCOUNTING AND REPORTING SYSTEM.— projects under the program, and every 5 (A) 10 collaborative forest landscape res- The Secretary shall establish an accounting years thereafter, the Secretary, in consulta- toration proposals to be funded during any and reporting system for the Fund. tion with the Secretary of the Interior, shall given year; and (5) AUTHORIZATION OF APPROPRIATIONS.— submit a report on the program, including an (B) 2 collaborative forest landscape res- There is authorized to be appropriated to the assessment of whether, and to what extent, toration proposals in any 1 region of the Na- Fund $40,000,000 for each of fiscal years 2008 the program is fulfilling the purposes of this tional Forest System to be funded during through 2018, to remain available until ex- Act, to— any given year. pended. (1) the Committee on Energy and Natural (e) ADVISORY PANELS.— (g) PROGRAM IMPLEMENTATION AND MONI- Resources of the Senate; (1) SCIENTIFIC ADVISORY PANEL.—The Sec- TORING.— (2) the Committee on Appropriations of the retary shall establish a scientific advisory (1) WORK PLAN.—Not later than 180 days Senate; panel comprised of not more than 12 experts after the date on which a collaborative forest (3) the Committee on Natural Resources of in ecological forest restoration and fire ecol- landscape restoration proposal is selected to the House of Representatives; and ogy to evaluate, and provide recommenda- be carried out, the Secretary shall create, in (4) the Committee on Appropriations of the tions on, any proposal that has been nomi- collaboration with the interested stake- House of Representatives. nated under subsection (c)(2) and meets the holders, an implementation work plan and f eligibility criteria established by subsection budget to implement the collaborative forest (b) with respect to— landscape restoration proposal that in- SUBMITTED RESOLUTIONS (A) the strength of the ecological case of cludes— the proposal for landscape restoration and (A) a description of the manner in which the proposed restoration strategies; and the proposal would be implemented to (B) whether the proposal is likely to SENATE RESOLUTION 443—DESIG- achieve ecological and community economic achieve reductions in long-term wildfire NATING FEBRUARY 2008 AS ‘‘GO benefit, including capacity building to ac- management costs. DIRECT MONTH’’ complish restoration; (2) TECHNICAL ADVISORY PANEL.—The Sec- (B) a business plan that addresses— Mrs. DOLE submitted the following retary may establish a technical advisory (i) the anticipated unit treatment cost re- panel comprised of experts in rural business resolution; which was considered and development and the use of woody biomass ductions over 10 years; agreed to: (ii) the anticipated costs for infrastructure and small-diameter trees to evaluate, and S. RES. 443 needed for the proposal; provide recommendations on, any proposal Whereas, in fiscal year 2007, nearly 60,000 that has been nominated under subsection (iii) the projected sustainability of the sup- ply of woody biomass and small-diameter checks issued by the Department of the (c)(2) and meets the eligibility criteria estab- Treasury, worth approximately $56,000,000, lished by subsection (b) with respect to trees removed in ecological restoration treatments; and were endorsed by forgery; whether the proposal is likely to reduce the Whereas the Department of the Treasury relative costs of carrying out treatments as (iv) the projected local economic benefits of the proposal; and receives approximately 1,400,000 inquiries a result of the use of woody biomass and each year regarding problems with paper small-diameter trees and provide local eco- (C) documentation of the non-Federal in- vestment in the priority landscape, including checks; nomic benefit. Whereas, each month, nearly 12,000,000 so- (f) COLLABORATIVE FOREST LANDSCAPE RES- the sources and uses of the investments. cial security and other Federal benefit pay- TORATION FUND.— (2) PROJECT IMPLEMENTATION.—Amounts ments are made with checks; (1) ESTABLISHMENT.—There is established transferred to the Secretary from the Fund in the Treasury of the United States a fund, shall be used to carry out ecological restora- Whereas the United States would generate to be known as the ‘‘Collaborative Forest tion treatments that are— approximately $132,000,000 in annual savings Landscape Restoration Fund’’, to be used to (A) consistent with the landscape restora- if all Federal benefit checks were paid by di- pay up to 50 percent of the cost of carrying tion proposal and strategy; and rect deposit; out ecological restoration treatments on Na- (B) identified through the collaborative Whereas the use of direct deposit is a more tional Forest System land for each collabo- process described in subsection (b)(2). secure, reliable, and cost-effective method of rative forest landscape restoration proposal (3) ANNUAL REPORT.—Annually, the Sec- payment than paper checks because the use selected to be carried out under subsection retary, in collaboration with the Secretary of direct deposit— (d), consisting of— of the Interior and interested stakeholders, (1) helps protect against identity theft and (A) such amounts as are appropriated to shall prepare a report on the accomplish- fraud; the Fund under paragraph (5); and ments of each selected collaborative forest (2) provides easier access to funds during (B) any interest earned on investment of landscape restoration proposal that in- emergencies and natural disasters; and amounts in the Fund under paragraph (3). cludes— (3) provides the people of the United States (2) EXPENDITURES FROM FUND.—On request (A) a description of all acres (or other ap- with more control over their money; by the Secretary, the Secretary of the Treas- propriate unit) treated and restored through Whereas the Department of the Treasury ury shall transfer from the Fund to the Sec- projects implementing the landscape res- and the Federal Reserve Banks have retary of Agriculture such amounts as the toration strategy; launched Go Direct, a national campaign to Secretary of Agriculture determines are nec- (B) an evaluation of progress, including motivate people who receive Federal benefit essary to carry out ecological restoration performance measures and how prior year payments to use direct deposit to receive treatments under paragraph (1). evaluations have contributed to improved those payments; (3) INVESTMENT OF AMOUNTS.— project performance; Whereas Go Direct works with more than (A) IN GENERAL.—The Secretary of the (C) a description of community benefits 1,100 partners across the Nation, including fi- Treasury shall invest such portion of the achieved, including any local economic bene- nancial institutions, advocacy groups, and Fund as is not, in the judgment of the Sec- fits; community organizations; retary of the Treasury, after consulting with (D) the results of the multiparty moni- Whereas more than 130 financial institu- the Secretary, required to meet current toring, evaluation, and accountability proc- tions representing 25,000 branches nation- withdrawals. ess under paragraph (4); and wide participated in the 2007 ‘‘Go Direct (B) INTEREST-BEARING OBLIGATIONS.—In- (E) a summary of the costs of— Champions’’ competition to encourage the vestments may be made only in interest- (i) treatments; and use of direct deposit among people who re- bearing obligations of the United States. (ii) relevant fire management activities. ceive Federal benefit payments; and (C) ACQUISITION OF OBLIGATIONS.—For the (4) MULTIPARTY MONITORING.—The Sec- Whereas more than 1,600,000 people in the purpose of investments under subparagraph retary shall, in collaboration with the Sec- United States have switched from paper (A), obligations may be acquired— retary of the Interior and interested stake- checks to direct deposit to receive Federal

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1364 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 benefit payments since Go Direct launched SA 3981. Mr. VITTER (for himself 1. SHORT TITLE; TABLE OF CONTENTS. in the fall of 2004: Now, therefore, be it and Mr. DEMINT) submitted an amend- (a) SHORT TITLE.—This Act may be cited as Resolved, That the Senate— ment intended to be proposed by him the ‘‘Economic Stimulus Act of 2008’’. (b) TABLE OF CONTENTS.—The table of con- (1) designates February 2008 as ‘‘Go Direct to the bill H.R. 5140, to provide eco- Month’’; tents of this Act is as follows: (2) supports the goals and ideals of the Go nomic stimulus through recovery re- Sec. 1. Short title; table of contents. Direct campaign; bates to individuals, incentives for TITLE I—TAX RELIEF (3) commends Federal, State, and local business investment, and an increase in Subtitle A—Rebates for Individuals governments, nonprofit agencies, and the conforming and FHA loan limits; which Sec. 101. Economic recovery stimulus credit private sector for promoting February as Go was ordered to lie on the table; as fol- and rebate. Direct Month; and lows: (4) encourages people in the United States Subtitle B—Incentives for Businesses At the appropriate place, insert the fol- Sec. 111. Temporary bonus depreciation al- who are eligible to receive social security or lowing: other Federal benefit payments to— lowance for certain property. SEC. lll. SMALLER PUBLIC COMPANY OPTION (A) participate in events and awareness Sec. 112. Increased expensing for small busi- REGARDING INTERNAL CONTROL nesses for 2008. initiatives held during the month of Feb- PROVISIONS. ruary with respect to using direct deposit; Sec. 113. Carryback of certain net operating Section 404 of the Sarbanes-Oxley Act of losses allowed for 5 years; tem- (B) become informed about the conven- 2002 (15 U.S.C. 7262) is amended by adding at ience and safety of direct deposit; and porary suspension of 90 percent the end the following: AMT limit. (C) consider signing up for direct deposit of ‘‘(c) SMALLER PUBLIC COMPANY OPTION.— social security or other Federal benefit pay- ‘‘(1) VOLUNTARY COMPLIANCE.—A smaller Subtitle C—Extensions of Energy Provisions ments. issuer shall not be subject to the require- Sec. 121. Extension of credit for energy effi- cient appliances. f ments of subsection (a), unless the smaller issuer voluntarily elects to comply with such Sec. 122. Extension of credit for nonbusiness AMENDMENTS SUBMITTED AND requirements, in accordance with regula- energy property. PROPOSED tions prescribed by the Commission. Any Sec. 123. Suspension of taxable income limit smaller issuer that does not elect to comply with respect to marginal wells. SA 3980. Mr. VITTER (for himself and Mr. with subsection (a) shall state such election, Sec. 124. Extension of credit for residential DEMINT) submitted an amendment intended together with the reasons therefor, in its an- energy efficient property. Sec. 125. Extension of renewable electricity to be proposed by him to the bill H.R. 5140, nual report to the Commission under section and refined coal production to provide economic stimulus through recov- 13(a) or 15(d) of the Securities Exchange Act credit. ery rebates to individuals, incentives for of 1934 (15 U.S.C. 78m or 78o(d)). Sec. 126. Extension of new energy efficient business investment, and an increase in con- ‘‘(2) DEFINITION OF SMALLER ISSUER.— forming and FHA loan limits; which was or- home credit. ‘‘(A) IN GENERAL.—For purposes of this sub- Sec. 127. Extension of energy credit. dered to lie on the table. section, and subject to subparagraph (B), the SA 3981. Mr. VITTER (for himself and Mr. Sec. 128. Extension and modification of cred- term ‘smaller issuer’ means an issuer for it for clean renewable energy DEMINT) submitted an amendment intended which an annual report is required by sec- to be proposed by him to the bill H.R. 5140, bonds. tion 13(a) or 15(d) of the Securities Exchange Sec. 129. Extension of energy efficient com- supra; which was ordered to lie on the table. Act of 1934 (15 U.S.C. 78m or 78o(d)), that— SA 3982. Mr. DORGAN submitted an mercial buildings deduction. ‘‘(i) has a total market capitalization at Sec. 130. Special rules for refund of the coal amendment intended to be proposed by him the beginning of the relevant reporting pe- excise tax to certain coal pro- to the bill H.R. 5140, supra; which was or- riod of less than $700,000,000; ducers and exporters. dered to lie on the table. ‘‘(ii) has total product and services revenue SA 3983. Mr. REID proposed an amendment Subtitle D—Provisions Relating to Housing for that reporting period of less than Bonds to the bill H.R. 5140, supra. $125,000,000; or Sec. 131. Modifications on use of qualified SA 3984. Mr. REID proposed an amendment ‘‘(iii) has, at the beginning of the relevant mortgage bonds; temporary in- to amendment SA 3983 proposed by Mr. REID reporting period, fewer than 1,500 record ben- creased volume cap for certain to the bill H.R. 5140, supra. eficial holders. housing bonds. SA 3985. Mr. REID proposed an amendment ‘‘(B) ANNUAL ADJUSTMENTS.—The amounts to the bill H.R. 5140, supra. referred to in clauses (i) and (ii) of subpara- TITLE II—HOUSING GSE AND FHA LOAN SA 3986. Mr. REID proposed an amendment graph (A) shall be adjusted annually to ac- LIMITS to amendment SA 3985 proposed by Mr. REID count for changes in the Consumer Price Sec. 201. Temporary conforming loan limit to the bill H.R. 5140, supra. Index for all urban consumers, United States increase for Fannie Mae and SA 3987. Mr. REID proposed an amendment city average, as published by the Bureau of Freddie Mac. to amendment SA 3986 proposed by Mr. REID Labor Statistics.’’. Sec. 202. Temporary loan limit increase for to the amendment SA 3985 proposed by Mr. FHA. REID to the bill H.R. 5140, supra. SA 3982. Mr. DORGAN submitted an TITLE III—TEMPORARY EXTENDED SA 3988. Mr. REID (for Mr. LIEBERMAN) amendment intended to be proposed by UNEMPLOYMENT COMPENSATION proposed an amendment to the bill S. 2457, to him to the bill H.R. 5140, to provide Sec. 301. Federal-State agreements. provide for extensions of leases of certain economic stimulus through recovery Sec. 302. Temporary extended unemploy- land by Mashantucket Pequot (Western) ment compensation account. Tribe. rebates to individuals, incentives for business investment, and an increase in Sec. 303. Payments to States having agree- f ments for the payment of tem- conforming and FHA loan limits; which porary extended unemployment TEXT OF AMENDMENTS was ordered to lie on the table; as fol- compensation. lows: SA 3980. Mr. VITTER (for himself Sec. 304. Financing provisions. On page ll, between lines ll and ll, Sec. 305. Fraud and overpayments. and Mr. DEMINT) submitted an amend- insert the following: Sec. 306. Definitions. ment intended to be proposed by him ‘‘(5) MESSAGE ON ADVANCE REFUND CHECK.— Sec. 307. Applicability. to the bill H.R. 5140, to provide eco- The Secretary shall display prominently the TITLE IV—LOW-INCOME HOME ENERGY nomic stimulus through recovery re- message ‘‘Support Our Economy—Buy Amer- ASSISTANCE bates to individuals, incentives for ican!’’ on any advance refund check issued Sec. 401. Low-income home energy assist- business investment, and an increase in under this section. ance program. conforming and FHA loan limits; which TITLE V—EMERGENCY DESIGNATION OF was ordered to lie on the table; as fol- SA 3983. Mr. REID proposed an APPROPRIATED AMOUNTS lows: amendment to the bill H.R. 5140, to Sec. 501. Emergency designation. provide economic stimulus through re- At the appropriate place, insert the fol- TITLE I—TAX RELIEF covery rebates to individuals, incen- lowing: Subtitle A—Rebates for Individuals tives for business investment, and an SEC. lll. ESTATE TAX REPEAL MADE PERMA- SEC. 101. ECONOMIC RECOVERY STIMULUS CRED- NENT. increase in conforming and FHA loan IT AND REBATE. Section 901 of the Economic Growth and limits; as follows: (a) IN GENERAL.—Section 6428 of the Inter- Tax Relief Reconciliation Act of 2001 shall Strike all after the first word and and in- nal Revenue Code of 1986 is amended to read not apply to title V of such Act. sert the following: as follows:

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‘‘SEC. 6428. ECONOMIC STIMULUS CREDIT FOR same respective meanings as when used in (1) MIRROR CODE POSSESSION.—The Sec- 2008. section 6012(a). retary of the Treasury shall make a payment ‘‘(a) IN GENERAL.—In the case of an eligible ‘‘(f) COORDINATION WITH ADVANCE REFUNDS to each possession of the United States with individual who is a taxpayer who meets the OF CREDIT.— a mirror code tax system in an amount equal requirements of subsection (b), there shall be ‘‘(1) IN GENERAL.—The amount of credit to the loss to that possession by reason of allowed as a credit against the tax imposed which would (but for this paragraph) be al- the amendments made by this section. Such by subtitle A for the first taxable year begin- lowable under this section shall be reduced amount shall be determined by the Secretary ning in 2008 an amount equal to the sum of— (but not below zero) by the aggregate refunds of the Treasury based on information pro- ‘‘(1) $500 ($1,000 in the case of a joint re- and credits made or allowed to the taxpayer vided by the government of the respective turn), plus under subsection (g). Any failure to so re- possession. ‘‘(2) the product of $300 multiplied by the duce the credit shall be treated as arising (2) OTHER POSSESSIONS.—The Secretary of number of qualifying children (within the out of a mathematical or clerical error and the Treasury shall make a payment to each meaning of section 24(c)) of the taxpayer. assessed according to section 6213(b)(1). possession of the United States which does ‘‘(b) REQUIREMENTS.—An eligible individual ‘‘(2) JOINT RETURNS.—In the case of a re- not have a mirror code tax system in an meets the requirements of this subsection if fund or credit made or allowed under sub- amount estimated by the Secretary of the the taxpayer— section (g) with respect to a joint return, Treasury as being equal to the aggregate ‘‘(1) has qualifying income of at least half of such refund or credit shall be treated $3,000, or as having been made or allowed to each indi- benefits that would have been provided to ‘‘(2) has— vidual filing such return. residents of such possession by reason of the amendments made by this section if a mirror ‘‘(A) net income tax liability which is ‘‘(g) ADVANCE REFUNDS AND CREDITS.— greater than zero, and ‘‘(1) IN GENERAL.—Each individual who was code tax system had been in effect in such ‘‘(B) gross income which is greater than an eligible individual who was a taxpayer possession. The preceding sentence shall not the sum of the basic standard deduction plus who met the requirements of subsection (b) apply with respect to any possession of the the exemption amount (twice the exemption for such individual’s first taxable year begin- United States unless such possession has a amount in the case of a joint return). ning in 2007 shall be treated as having made plan, which has been approved by the Sec- ‘‘(c) TREATMENT OF CREDIT.—The credit al- a payment against the tax imposed by chap- retary of the Treasury, under which such lowed by subsection (a) shall be treated as ter 1 for such first taxable year in an amount possession will promptly distribute such pay- allowed by subpart C of part IV of sub- equal to the advance refund amount for such ment to the residents of such possession. chapter A of chapter 1. taxable year. (3) DEFINITIONS AND SPECIAL RULES.— ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- (A) POSSESSION OF THE UNITED STATES.—For INCOME.—The amount of the credit allowed poses of paragraph (1), the advance refund purposes of this subsection, the term ‘‘pos- by subsection (a) (determined without regard amount is the amount that would have been session of the United States’’ includes the to this subsection and subsection (f)) shall be allowed as a credit under this section for Commonwealth of Puerto Rico and the Com- reduced (but not below zero) by 5 percent of such first taxable year if this section (other monwealth of the Northern Mariana Islands. so much of the taxpayer’s adjusted gross in- than subsection (f) and this subsection) had (B) MIRROR CODE TAX SYSTEM.—For pur- come as exceeds $150,000 ($300,000 in the case applied to such taxable year. poses of this subsection, the term ‘‘mirror of a joint return). ‘‘(3) TIMING OF PAYMENTS.—The Secretary code tax system’’ means, with respect to any ‘‘(e) DEFINITIONS.—For purposes of this sec- shall, subject to the provisions of this title, possession of the United States, the income tion— refund or credit any overpayment attrib- tax system of such possession if the income ‘‘(1) QUALIFYING INCOME.—For purposes of utable to this section as rapidly as possible. tax liability of the residents of such posses- paragraph (1), the term ‘qualifying income’ No refund or credit shall be made or allowed sion under such system is determined by ref- means— under this subsection after December 31, erence to the income tax laws of the United ‘‘(A) earned income, 2008. States as if such possession were the United ‘‘(B) social security benefits (within the ‘‘(4) NO INTEREST.—No interest shall be al- States. meaning of section 86(d)), and lowed on any overpayment attributable to (C) TREATMENT OF PAYMENTS.—For pur- ‘‘(C) any compensation or pension received this section. poses of section 1324(b)(2) of title 31, United under chapter 11 or chapter 15 of title 38, ‘‘(h) IDENTIFICATION NUMBER REQUIRE- States Code, the payments under this sub- United States Code. MENT.— section shall be treated in the same manner ‘‘(2) NET INCOME TAX LIABILITY.—The term ‘‘(1) IN GENERAL.—No credit shall be al- as a refund due from the credit allowed ‘net income tax liability’ means the excess lowed under subsection (a) to an eligible in- under section 6428 of the Internal Revenue of— dividual who does not include on the return Code of 1986 (as added by this section). ‘‘(A) the sum of the taxpayer’s regular tax of tax for the taxable year— liability (within the meaning of section ‘‘(A) such individual’s valid identification (c) ADMINISTRATIVE AMENDMENTS.— 26(b)) and the tax imposed by section 55 for number, (1) DEFINITION OF DEFICIENCY.—Section the taxable year, over ‘‘(B) in the case of a joint return, the valid 6211(d)(4)(A) of the Internal Revenue Code of ‘‘(B) the credits allowed by part IV (other identification number of such individual’s 1986 is amended by striking ‘‘and 53(e)’’ and than section 24 and subpart C thereof) of sub- spouse, and inserting ‘‘53(e), and 6428’’. chapter A of chapter 1. ‘‘(C) in the case of any qualifying child (2) MATHEMATICAL OR CLERICAL ERROR AU- ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligi- taken into account under subsection (a)(2), THORITY.—Section 6213(g)(2)(L) of such Code ble individual’ means any individual other the valid identification number of such is amended by striking ‘‘or 32’’ and inserting than— qualifying child. ‘‘32, or 6428’’. ‘‘(A) any nonresident alien individual, ‘‘(2) VALID IDENTIFICATION NUMBER.—For (d) APPROPRIATIONS TO CARRY OUT RECOV- ‘‘(B) any individual with respect to whom a purposes of paragraph (1), the term ‘valid ERY REBATES.— deduction under section 151 is allowable to identification number’ means a social secu- (1) IN GENERAL.—Immediately upon the en- another taxpayer for a taxable year begin- rity number issued to an individual by the actment of this Act, the following sums are ning in the calendar year in which the indi- Social Security Administration. Such term vidual’s taxable year begins, shall not include a TIN issued by the Inter- appropriated, out of any money in the Treas- ‘‘(C) an estate or trust, and nal Revenue Service. ury not otherwise appropriated, for the fiscal year ending September 30, 2008: ‘‘(D) any individual who is a Senator or ‘‘(i) REFUNDS DISREGARDED IN THE ADMINIS- Representative in, or Delegate or Resident TRATION OF FEDERAL PROGRAMS AND FEDER- (A) For an additional amount for ‘‘Depart- Commissioner to, Congress. ALLY ASSISTED PROGRAMS.—Any payment ment of the Treasury—Financial Manage- ‘‘(4) EARNED INCOME.—The term ‘earned in- considered to have been made to any indi- ment Service—Salaries and Expenses’’, come’ has the meaning set forth in section vidual by reason of this section shall not be $64,175,000, to remain available until Sep- 32(c)(2), except that— taken into account as income and shall not tember 30, 2009. ‘‘(A) subclause (II) of subparagraph (B)(vi) be taken into account as resources for the (B) For an additional amount for ‘‘Depart- thereof shall be applied by substituting ‘Jan- month of the receipt and the following 2 ment of the Treasury—Internal Revenue uary 1, 2009’ for ‘January 1, 2008’, and months, for purposes of determining the eli- Service—Taxpayer Services’’, $50,720,000, to ‘‘(B) such term shall not include net earn- gibility of such individual or any other indi- remain available until September 30, 2009. ings from self-employment which are not vidual for benefits or assistance, or the (C) For an additional amount for ‘‘Depart- taken into account in computing taxable in- amount or extent of benefits or assistance, ment of the Treasury—Internal Revenue come. under any Federal program or under any Service—Operations Support’’, $151,415,000, ‘‘(5) BASIC STANDARD DEDUCTION; EXEMPTION State or local program financed in whole or to remain available until September 30, 2009. AMOUNT.—The terms ‘basic standard deduc- in part with Federal funds.’’. (2) REPORTS.—No later than 15 days after tion’ and ‘exemption amount’ shall have the (b) TREATMENT OF POSSESSIONS.— enactment of this Act, the Secretary of the

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Beginning 90 days after enactment ‘‘(III) which is water utility property, or an election under this subparagraph with re- of this Act, the Secretary of the Treasury ‘‘(IV) which is qualified leasehold improve- spect to any class of property for any taxable shall submit a quarterly report to the Com- ment property, year, this subsection shall not apply to all mittees on Appropriations of the House of ‘‘(ii) the original use of which commences property in such class placed in service dur- Representatives and the Senate detailing the with the taxpayer on or after the starting ing such taxable year. actual expenditure of funds provided by this date, ‘‘(4) SPECIAL RULES.— subsection and the expected expenditure of ‘‘(iii) which is— ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the such funds in the subsequent quarter. ‘‘(I) acquired by the taxpayer on or after case of a taxpayer manufacturing, con- (e) CONFORMING AMENDMENTS.— the starting date and before the ending date, structing, or producing property for the tax- (1) Paragraph (2) of section 1324(b) of title but only if no written binding contract for payer’s own use, the requirements of para- 31, United States Code, is amended by insert- the acquisition was in effect before the start- graph (2)(A)(iii) shall be treated as met if the ing ‘‘or 6428’’ after ‘‘section 35’’. ing date, or taxpayer begins manufacturing, con- (2) Paragraph (1) of section 1(i) of the In- ‘‘(II) acquired by the taxpayer pursuant to structing, or producing the property on or ternal Revenue Code of 1986 is amended by a written binding contract which was en- after the starting date and before the ending striking subparagraph (D). tered into on or after the starting date and date. (3) The item relating to section 6428 in the before the ending date, and ‘‘(B) SALE-LEASEBACKS.—For purposes of table of sections for subchapter B of chapter ‘‘(iv) which is placed in service by the tax- subparagraph (C) and paragraph (2)(A)(ii), if 65 of such Code is amended to read as fol- payer before the ending date, or, in the case property is— lows: of property described in subparagraph (B) or ‘‘(i) originally placed in service on or after (C), before the date that is 1 year after the the starting date by a person, and ‘‘Sec. 6428. Economic stimulus credit for ending date. ‘‘(ii) sold and leased back by such person 2008.’’. ‘‘(B) CERTAIN PROPERTY HAVING LONGER within 3 months after the date such property Subtitle B—Incentives for Businesses PRODUCTION PERIODS TREATED AS QUALIFIED was originally placed in service, SEC. 111. TEMPORARY BONUS DEPRECIATION AL- PROPERTY.— such property shall be treated as originally LOWANCE FOR CERTAIN PROPERTY. ‘‘(i) IN GENERAL.—The term ‘qualified prop- placed in service not earlier than the date on (a) IN GENERAL.—Subsection (k) of section erty’ includes any property if such prop- which such property is used under the lease- 168 of the Internal Revenue Code of 1986 is erty— back referred to in clause (ii). amended to read as follows: ‘‘(I) meets the requirements of clauses (i), ‘‘(C) SYNDICATION.—For purposes of para- (ii), (iii), and (iv) of subparagraph (A), ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN graph (2)(A)(ii), if— ‘‘(II) has a recovery period of at least 10 PROPERTY.— ‘‘(i) property is originally placed in service years or is transportation property, ‘‘(1) ADDITIONAL ALLOWANCE.— on or after the starting date by the lessor of ‘‘(III) is subject to section 263A, and ‘‘(A) IN GENERAL.—In the case of any quali- such property, ‘‘(IV) meets the requirements of clause (iii) fied property placed in service by an eligible ‘‘(ii) such property is sold by such lessor or of section 263A(f)(1)(B) (determined as if such taxpayer— any subsequent purchaser within 3 months clause also applied to property which has a ‘‘(i) the depreciation deduction provided by after the date such property was originally long useful life (within the meaning of sec- section 167(a) for each applicable taxable placed in service (or, in the case of multiple tion 263A(f))). year shall include an allowance equal to 25 units of property subject to the same lease, ‘‘(ii) ONLY PRE-ENDING DATE BASIS ELIGIBLE percent of the adjusted basis of the qualified within 3 months after the date the final unit FOR ADDITIONAL ALLOWANCE.—In the case of property, and is placed in service, so long as the period be- property which is qualified property solely ‘‘(ii) the adjusted basis of the qualified tween the time the first unit is placed in by reason of clause (i), paragraph (1) shall property shall be reduced by the amount of service and the time the last unit is placed apply only to the extent of the adjusted basis in service does not exceed 12 months), and such deduction before computing the amount thereof attributable to manufacture, con- otherwise allowable as a depreciation deduc- ‘‘(iii) the user of such property after the struction, or production before the ending last sale during such 3-month period remains tion under this chapter for such taxable year date. and any subsequent taxable year. the same as when such property was origi- ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- nally placed in service, ‘‘(B) ELIGIBLE TAXPAYER.— poses of this subparagraph, the term ‘trans- ‘‘(i) IN GENERAL.—At such time and in such portation property’ means tangible personal such property shall be treated as originally manner as the Secretary shall prescribe, property used in the trade or business of placed in service not earlier than the date of each taxpayer may elect to be an eligible transporting persons or property. such last sale. taxpayer with respect to 1 (and only 1) of the ‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This ‘‘(D) LIMITATIONS RELATED TO USERS AND following: subparagraph shall not apply to any prop- RELATED PARTIES.—This subsection shall not ‘‘(I) This subsection. erty which is described in subparagraph (C). apply to any property if— ‘‘(II) The application of section ‘‘(C) CERTAIN AIRCRAFT.—The term ‘quali- ‘‘(i) the user of such property (as of the 56(d)(1)(A)(ii)(I) and section 172(b)(1)(H)(ii) in fied property’ includes property— date on which such property is originally connection with net operating losses relating ‘‘(i) which meets the requirements of placed in service) or a person which is re- to taxable years beginning or ending during clauses (ii), (iii), and (iv) of subparagraph lated (within the meaning of section 267(b) or 2006, 2007, and 2008. (A), 707(b)) to such user or to the taxpayer had a ‘‘(III) Section 179(b)(7). ‘‘(ii) which is an aircraft which is not a written binding contract in effect for the ac- ‘‘(ii) ELIGIBLE TAXPAYER.—For purposes of transportation property (as defined in sub- quisition of such property at any time before each of the provisions described in clause (i), paragraph (B)(iii)) other than for agricul- the starting date, or a taxpayer shall only be treated as an eligi- tural or firefighting purposes, ‘‘(ii) in the case of property manufactured, ble taxpayer with respect to the provision ‘‘(iii) which is purchased and on which such constructed, or produced for such user’s or with respect to which the taxpayer made the purchaser, at the time of the contract for person’s own use, the manufacture, construc- election under clause (i). purchase, has made a nonrefundable deposit tion, or production of such property began at ‘‘(iii) ELECTION IRREVOCABLE.—An election of the lesser of— any time before the starting date. under clause (i) may not be revoked except ‘‘(I) 10 percent of the cost, or ‘‘(5) COORDINATION WITH SECTION 280F.—For with the consent of the Secretary. ‘‘(II) $100,000, and purposes of section 280F— ‘‘(C) APPLICABLE TAXABLE YEAR.—For pur- ‘‘(iv) which has— ‘‘(A) AUTOMOBILES.—In the case of a pas- poses of subparagraph (A), the term ‘applica- ‘‘(I) an estimated production period ex- senger automobile (as defined in section ble taxable year’ means, with respect to any ceeding 4 months, and 280F(d)(5)) which is qualified property, the qualified property— ‘‘(II) a cost exceeding $200,000. Secretary shall increase the limitations ‘‘(i) the first taxable year in which such ‘‘(3) EXCEPTIONS.— under clauses (i) and (ii) of section property is placed in service, and ‘‘(A) ALTERNATIVE DEPRECIATION PROP- 280F(a)(1)(A) by $3,825. ‘‘(ii) the next succeeding taxable year. ERTY.—This subsection shall not apply to ‘‘(B) LISTED PROPERTY.—The deduction al- ‘‘(2) QUALIFIED PROPERTY.—For purposes of any property to which the alternative depre- lowable under paragraph (1) shall be taken this subsection— ciation system under subsection (g) applies, into account in computing any recapture ‘‘(A) IN GENERAL.—The term ‘qualified determined— amount under section 280F(b)(2). property’ means property— ‘‘(i) without regard to paragraph (7) of sub- ‘‘(6) DEDUCTION ALLOWED IN COMPUTING MIN- ‘‘(i)(I) to which this section applies which section (g) (relating to election to have sys- IMUM TAX.—For purposes of determining al- has a recovery period of 20 years or less, tem apply), and ternative minimum taxable income under

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section 55, the deduction under subsection (A) in paragraph (4)(B), as redesignated by ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND (a) for qualified property shall be determined subsection (b)(1), by striking ‘‘168(k)(2)(D)(i)’’ 2002.—In the case of a net operating loss for under this section without regard to any ad- and inserting ‘‘169(k)(3)(A)’’. any taxable year ending during 2001 or 2002, justment under section 56. (B) by striking paragraph (5) and inserting subparagraph (A)(i) shall be applied by sub- ‘‘(7) QUALIFIED LEASEHOLD IMPROVEMENT the following: stituting ‘5’ for ‘2’ and subparagraph (F) PROPERTY.—For purposes of this subsection— ‘‘(5) SPECIAL RULES.—For purposes of this shall not apply. ‘‘(A) IN GENERAL.—The term ‘qualified subsection, rules similar to the rules of para- ‘‘(ii) TAXABLE YEARS BEGINNING OR ENDING leasehold improvement property’ means any graph (4) of section 168(k) shall apply, except DURING 2006, 2007, AND 2008.—In the case of a net improvement to an interior portion of a that in applying such paragraph— operating loss with respect to any eligible building which is nonresidential real prop- ‘‘(A) the starting date shall be one day taxpayer (within the meaning of section erty if— after the date of the enactment of this sub- 168(k)(1)(B)) for any taxable year beginning ‘‘(i) such improvement is made under or section, or ending during 2006, 2007, or 2008— pursuant to a lease (as defined in subsection ‘‘(B) the ending date shall be January 1, ‘‘(I) subparagraph (A)(i) shall be applied by (h)(7))— 2013, and substituting ‘5’ for ‘2’, ‘‘(I) by the lessee (or any sublessee) of such ‘‘(C) ‘qualified cellulosic biomass ethanol ‘‘(II) subparagraph (E)(ii) shall be applied portion, or plant property’ shall be substituted for by substituting ‘4’ for ‘2’, and ‘‘(II) by the lessor of such portion, ‘qualified property’ in clause (iv) thereof.’’, ‘‘(III) subparagraph (F) shall not apply.’’. ‘‘(ii) such portion is to be occupied exclu- and (b) TEMPORARY SUSPENSION OF 90 PERCENT sively by the lessee (or any sublessee) of such (C) in paragraph (6), by striking LIMIT ON CERTAIN NOL CARRYBACKS AND portion, and ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. CARRYOVERS.— ‘‘(iii) such improvement is placed in serv- (3) Section 1400L(b)(2) of such Code is (1) IN GENERAL.—Section 56(d) of the of the ice more than 3 years after the date the amended— Internal Revenue Code of 1986 is amended by building was first placed in service. (A) in subparagraph (C)(ii), by striking adding at the end the following new para- ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, graph: CLUDED.—Such term shall not include any (B) in subparagraph (C)(iv), by striking ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- improvement for which the expenditure is ‘‘168(k)(2)(D)(iii)’’ and inserting poses of paragraph (1)(A), in the case of an attributable to— ‘‘168(k)(3)(B)’’, and eligible taxpayer (within the meaning of sec- ‘‘(i) the enlargement of the building, (C) in subparagraph (E), by striking tion 168(k)(1)(B)), the amount described in ‘‘(ii) any elevator or escalator, ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. clause (I) of paragraph (1)(A)(ii) shall be in- ‘‘(iii) any structural component benefit- (4) Section 1400L(c) of such Code is amend- creased by the amount of the net operating ting a common area, and ed— loss deduction allowable for the taxable year ‘‘(iv) the internal structural framework of (A) in paragraph (2), by striking ‘‘168(k)(3)’’ under section 172 attributable to the sum the building. and inserting ‘‘168(k)(7)’’, and of— ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For (B) in paragraph (5), by striking ‘‘(A) carrybacks of net operating losses purposes of this paragraph— ‘‘168(k)(2)(D)(iii)’’ and inserting from taxable years beginning or ending dur- ‘‘(i) COMMITMENT TO LEASE TREATED AS ‘‘168(k)(3)(B)’’. ing 2006, 2007, and 2008, and LEASE.—A commitment to enter into a lease (5) Section 1400N(d) of such Code is amend- ‘‘(B) carryovers of net operating losses to shall be treated as a lease, and the parties to ed— taxable years beginning or ending during such commitment shall be treated as lessor (A) in paragraph (2)(B)(i), by striking 2006, 2007, or 2008.’’. and lessee, respectively. ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, (2) CONFORMING AMENDMENT.—Subclause (I) ‘‘(ii) RELATED PERSONS.—A lease between (B) by striking paragraph (3) and inserting of section 56(d)(1)(A)(i) of such Code is related persons shall not be considered a the following: amended by inserting ‘‘amount of such’’ be- lease. For purposes of the preceding sen- ‘‘(5) SPECIAL RULES.—For purposes of this fore ‘‘deduction described in clause (ii)(I)’’. tence, the term ‘related persons’ means— subsection, rules similar to the rules of para- (c) ANTI-ABUSE RULES.—The Secretary of ‘‘(I) members of an affiliated group (as de- graph (4) of section 168(k) shall apply, except Treasury or the Secretary’s designee shall fined in section 1504), and that in applying such paragraph— prescribes such rules as are necessary to pre- ‘‘(II) persons having a relationship de- ‘‘(A) the starting date shall be August 28, vent the abuse of the purposes of the amend- scribed in subsection (b) of section 267; ex- 2005, ments made by this section, including anti- cept that, for purposes of this clause, the ‘‘(B) the ending date shall be January 1, stuffing rules, anti-churning rules (including phrase ‘80 percent or more’ shall be sub- 2008, and rules relating to sale-leasebacks), and rules stituted for the phrase ‘more than 50 per- ‘‘(C) ‘qualified Gulf Opportunity Zone prop- similar to the rules under section 1091 of the cent’ each place it appears in such sub- erty’ shall be substituted for ‘qualified prop- Internal Revenue Code of 1986 relating to section. erty’ in clause (iv) thereof.’’, and losses from wash sales. ‘‘(8) OTHER DEFINITIONS.—For purposes of (C) in paragraph (4), by striking (d) EFFECTIVE DATES.— this subsection— ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. (1) SUBSECTION (a).— ‘‘(A) STARTING DATE.—The term ‘starting (d) EFFECTIVE DATE.—The amendments (A) IN GENERAL.—Except as provided in date’ means January 30, 2008. made by this section shall apply to property subparagraph (B), the amendments made by ‘‘(B) ENDING DATE.—The term ‘ending date’ placed in service after January 29, 2007, in subsection (a) shall apply to net operating means December 31, 2008.’’. taxable years ending after such date. losses arising in taxable years beginning or (b) COORDINATION WITH OTHER BONUS DE- SEC. 112. INCREASED EXPENSING FOR SMALL ending in 2006, 2007, or 2008. PRECIATION PROVISIONS.— BUSINESSES FOR 2008. (B) ELECTION.—In the case of an eligible (1) CELLULOSIC BIOMASS ETHANOL PLANT (a) IN GENERAL.—Subsection (b) of section taxpayer (within the meaning of section PROPERTY.—Paragraph (4) of section 168(l) of 179 of the Internal Revenue Code of 1986 (re- 168(k)(1)(B) of the Internal Revenue Code of the Internal Revenue Code of 1986 is amended lating to limitations) is amended by adding 1986) with a net operating loss for a taxable by redesignating subparagraphs (A), (B), and at the end the following new paragraph: year beginning or ending during 2006 or (C) as subparagraphs (B), (C), and (D) and in- ‘‘(7) SPECIAL RULE FOR ELIGIBLE TAXPAYERS 2007— serting before subparagraph (B) (as so redes- IN 2008.—In the case of any taxable year of (i) any election made under section ignated) the following new subparagraph: any eligible taxpayer (within the meaning of 172(b)(3) of the Internal Revenue Code of 1986 ‘‘(A) BONUS DEPRECIATION PROPERTY UNDER section 168(k)(1)(B)) beginning in 2008— may (notwithstanding such section) be re- SUBSECTION (k).—Such term shall not include ‘‘(A) the dollar limitation under paragraph voked before November 1, 2008, and any property to which section 168(k) ap- (1) shall be $250,000, and (ii) any election made under section 172(j) plies.’’. ‘‘(B) the dollar limitation under paragraph of such Code shall (notwithstanding such (2) SPECIFIED GULF OPPORTUNITY ZONE EX- (2) shall be $800,000.’’. section) be treated as timely made if made (b) EFFECTIVE DATE.—The amendment TENSION PROPERTY.—Subparagraph (B) of sec- before November 1, 2008. made by this section shall apply to taxable tion 1400N(d)(6) of such Code is amended by (2) SUBSECTION (b).—The amendments made years beginning after December 31, 2007. adding at the end the following new flush by subsection (b) shall apply to taxable years sentence: SEC. 113. CARRYBACK OF CERTAIN NET OPER- ending after December 31, 1995. ATING LOSSES ALLOWED FOR 5 ‘‘Such term shall not include any property YEARS; TEMPORARY SUSPENSION OF Subtitle C—Extensions of Energy Provisions to which section 168(k) applies.’’. 90 PERCENT AMT LIMIT. SEC. 121. EXTENSION OF CREDIT FOR ENERGY (c) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Subparagraph (H) of sec- EFFICIENT APPLIANCES. (1) Section 168(e)(6) of the Internal Revenue tion 172(b)(1) of the Internal Revenue Code of (a) IN GENERAL.—Subsection (b) of section Code of 1986 is amended by striking ‘‘section 1986 is amended to read as follows: 45M of the Internal Revenue Code of 1986 (re- 168(k)(3)’’ and inserting ‘‘section 168(k)(7)’’. ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN lating to applicable amount) is amended by (2) Section 168(l) of such Code is amended— LOSSES.— striking ‘‘calendar year 2006 or 2007’’ each

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place it appears in paragraphs (1)(A)(i), (1) by striking ‘‘$1,200,000,000’’ in paragraph (iii) JUDGMENT DESCRIBED.—A judgment is (1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and in- (1) and inserting ‘‘$1,600,000,000’’, and described in this subparagraph if such judg- serting ‘‘calendar year 2006, 2007, 2008, or (2) by striking ‘‘$750,000,000’’ in paragraph ment— 2009’’. (2) and inserting ‘‘$1,000,000,000’’. (I) is made by a court of competent juris- (b) RESTART OF CREDIT LIMITATION.—Para- (c) MODIFICATION OF RATABLE PRINCIPAL diction within the United States, graph (1) of section 45M(e) of the Internal AMORTIZATION REQUIREMENT.— (II) relates to the constitutionality of any Revenue Code of 1986 (relating to aggregate (1) IN GENERAL.—Paragraph (5) of section tax paid on exported coal under section 4121 credit amount allowed) is amended by insert- 54(l) is amended to read as follows: of the Internal Revenue Code of 1986, and ing ‘‘beginning after December 31, 2007’’ after ‘‘(5) RATABLE PRINCIPAL AMORTIZATION RE- (III) is in favor of the coal producer or the ‘‘for all prior taxable years’’. QUIRED.—A bond shall not be treated as a party related to the coal producer. (c) EFFECTIVE DATE.—The amendments clean renewable energy bond unless it is part (2) EXPORTERS.—Notwithstanding sub- made by this section shall apply to appli- of an issue which provides for an equal sections (a)(1) and (c) of section 6416 and sec- ances produced after December 31, 2007. amount of principal to be paid by the quali- tion 6511 of the Internal Revenue Code of SEC. 122. EXTENSION OF CREDIT FOR NONBUSI- fied issuer during each 12-month period that 1986, and a judgment described in paragraph NESS ENERGY PROPERTY. the issue is outstanding (other than the first (1)(B)(iii) of this subsection, if— (a) IN GENERAL.—Section 25C(g) of the In- 12-month period).’’. (A) an exporter establishes that such ex- ternal Revenue Code of 1986 (relating to ter- (2) TECHNICAL AMENDMENT.—The third sen- porter exported coal to a foreign country or mination) is amended by striking ‘‘December tence of section 54(e)(2) is amended by strik- shipped coal to a possession of the United 31, 2007’’ and inserting ‘‘December 31, 2009’’. ing ‘‘subsection (l)(6)’’ and inserting ‘‘sub- States, or caused such coal to be so exported (b) EFFECTIVE DATE.—The amendment section (l)(5)’’. or shipped, made by this section shall apply to property (d) EFFECTIVE DATE.—The amendments (B) such exporter filed a tax return on or placed in service after December 31, 2007. made by this section shall apply to bonds after October 1, 1990, and on or before the SEC. 123. SUSPENSION OF TAXABLE INCOME issued after the date of the enactment of this date of the enactment of this Act, and LIMIT WITH RESPECT TO MARGINAL Act. (C) such exporter files a claim for refund WELLS. with the Secretary not later than the close (a) IN GENERAL.—Subparagraph (H) of sec- SEC. 129. EXTENSION OF ENERGY EFFICIENT of the 30-day period beginning on the date of tion 613A(c)(6) of the Internal Revenue Code COMMERCIAL BUILDINGS DEDUC- the enactment of this Act, of 1986 (relating to temporary suspension of TION. taxable income limit with respect to mar- Section 179D(h) of the Internal Revenue then the Secretary shall pay to such ex- ginal production) is amended by striking Code of 1986 (relating to termination) is porter an amount equal to $0.825 per ton of ‘‘January 1, 2008’’ and inserting ‘‘January 1, amended by striking ‘‘December 31, 2008’’ and such coal exported by the exporter or caused 2010’’. inserting ‘‘December 31, 2009’’. to be exported or shipped, or caused to be ex- ported or shipped, by the exporter. (b) EFFECTIVE DATE.—The amendment SEC. 130. SPECIAL RULES FOR REFUND OF THE (b) LIMITATIONS.—Subsection (a) shall not made by this section shall apply to taxable COAL EXCISE TAX TO CERTAIN COAL years beginning after December 31, 2007. PRODUCERS AND EXPORTERS. apply with respect to exported coal if a set- tlement with the Federal Government has SEC. 124. EXTENSION OF CREDIT FOR RESIDEN- (a) REFUND.— TIAL ENERGY EFFICIENT PROPERTY. been made with and accepted by, the coal (1) COAL PRODUCERS.— producer, a party related to such coal pro- Subsection (g) of section 25D of the Inter- (A) IN GENERAL.—Notwithstanding sub- nal Revenue Code of 1986 (relating to termi- ducer, or the exporter, of such coal, as of the sections (a)(1) and (c) of section 6416 and sec- date that the claim is filed under this sec- nation) is amended by striking ‘‘December tion 6511 of the Internal Revenue Code of 31, 2008’’ and inserting ‘‘December 31, 2009’’. tion with respect to such exported coal. For 1986, if— purposes of this subsection, the term ‘‘settle- SEC. 125. EXTENSION OF RENEWABLE ELEC- (i) a coal producer establishes that such TRICITY AND REFINED COAL PRO- ment with the Federal Government’’ shall coal producer, or a party related to such coal not include any settlement or stipulation en- DUCTION CREDIT. producer, exported coal produced by such Section 45(d) of the Internal Revenue Code tered into as of the date of the enactment of coal producer to a foreign country or shipped of 1986 (relating to qualified facilities) is this Act, the terms of which contemplate a coal produced by such coal producer to a pos- amended by striking ‘‘January 1, 2009’’ each judgment concerning which any party has session of the United States, or caused such place it appears in paragraphs (1), (2), (3), (4), reserved the right to file an appeal, or has coal to be exported or shipped, the export or (5), (6), (7), (8), and (9) and inserting ‘‘Janu- filed an appeal. shipment of which was other than through ary 1, 2010’’. (c) SUBSEQUENT REFUND PROHIBITED.—No an exporter who meets the requirements of refund shall be made under this section to SEC. 126. EXTENSION OF NEW ENERGY EFFI- paragraph (2), CIENT HOME CREDIT. the extent that a credit or refund of such tax (ii) such coal producer filed an excise tax Subsection (g) of section 45L of the Inter- on such exported or shipped coal has been return on or after October 1, 1990, and on or nal Revenue Code of 1986 (relating to termi- paid to any person. before the date of the enactment of this Act, nation) is amended by striking ‘‘December (d) DEFINITIONS.—For purposes of this sec- and 31, 2008’’ and inserting ‘‘December 31, 2009’’. tion— (iii) such coal producer files a claim for re- SEC. 127. EXTENSION OF ENERGY CREDIT. (1) COAL PRODUCER.—The term ‘‘coal pro- fund with the Secretary not later than the ducer’’ means the person in whom is vested (a) SOLAR ENERGY PROPERTY.—Paragraphs close of the 30-day period beginning on the ownership of the coal immediately after the (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of date of the enactment of this Act, the Internal Revenue Code of 1986 (relating coal is severed from the ground, without re- to energy credit) are each amended by strik- then the Secretary shall pay to such coal gard to the existence of any contractual ar- ing ‘‘January 1, 2009’’ and inserting ‘‘January producer an amount equal to the tax paid rangement for the sale or other disposition 1, 2010’’. under section 4121 of such Code on such coal of the coal or the payment of any royalties (b) FUEL CELL PROPERTY.—Subparagraph exported or shipped by the coal producer or between the producer and third parties. The (E) of section 48(c)(1) of the Internal Revenue a party related to such coal producer, or term includes any person who extracts coal Code of 1986 (relating to qualified fuel cell caused by the coal producer or a party re- from coal waste refuse piles or from the silt property) is amended by striking ‘‘December lated to such coal producer to be exported or waste product which results from the wet 31, 2008’’ and inserting ‘‘December 31, 2009’’. shipped. washing (or similar processing) of coal. (c) MICROTURBINE PROPERTY.—Subpara- (B) SPECIAL RULES FOR CERTAIN TAX- (2) EXPORTER.—The term ‘‘exporter’’ means graph (E) of section 48(c)(2) of the Internal PAYERS.—For purposes of this section— a person, other than a coal producer, who Revenue Code of 1986 (relating to qualified (i) IN GENERAL.—If a coal producer or a does not have a contract, fee arrangement, microturbine property) is amended by strik- party related to a coal producer has received or any other agreement with a producer or ing ‘‘December 31, 2008’’ and inserting ‘‘De- a judgment described in clause (iii) and has seller of such coal to export or ship such coal cember 31, 2009’’. provided evidence as provided under clause to a third party on behalf of the producer or SEC. 128. EXTENSION AND MODIFICATION OF (iv), such coal producer shall be deemed to seller of such coal and— CREDIT FOR CLEAN RENEWABLE EN- have established the export of coal to a for- (A) is indicated in the shipper’s export dec- ERGY BONDS. eign country or shipment of coal to a posses- laration or other documentation as the ex- (a) EXTENSION.—Section 54(m) of the Inter- sion of the United States under subpara- porter of record, or nal Revenue Code of 1986 (relating to termi- graph (A)(i). (B) actually exported such coal to a foreign nation) is amended by striking ‘‘December (ii) AMOUNT OF PAYMENT.—If a taxpayer de- country or shipped such coal to a possession 31, 2008’’ and inserting ‘‘December 31, 2009’’. scribed in clause (i) is entitled to a payment of the United States, or caused such coal to (b) INCREASE IN NATIONAL LIMITATION.— under subparagraph (A), the amount of such be so exported or shipped. Section 54(f) of the Internal Revenue Code of payment shall be reduced by any amount (3) RELATED PARTY.—The term ‘‘a party re- 1986 (relating to limitation on amount of paid pursuant to the judgment described in lated to such coal producer’’ means a person bonds designated) is amended— clause (iii). who—

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1369 (A) is related to such coal producer of a qualified mortgage issue are used for ‘‘(I) any qualified 501(c)(3) bond (as defined through any degree of common management, any refinancing described in subparagraph in section 145), or stock ownership, or voting control, (A)— ‘‘(II) any qualified mortgage bond (as de- (B) is related (within the meaning of sec- ‘‘(i) subsection (a)(2)(D)(i) shall be applied fined in section 143(a)) or qualified veterans’ tion 144(a)(3) of such Code) to such coal pro- by substituting ‘12-month period’ for ‘42- mortgage bond (as defined in section 143(b)) ducer, or month period’ each place it appears, issued after the date of the enactment of this (C) has a contract, fee arrangement, or any ‘‘(ii) subsection (d) (relating to 3-year re- subclause and before January 1, 2011.’’. other agreement with such coal producer to quirement) shall not apply, and (2) CONFORMING AMENDMENT.—The heading sell such coal to a third party on behalf of ‘‘(iii) subsection (e) (relating to purchase for section 57(a)(5)(C)(ii) is amended by strik- such coal producer. price requirement) shall be applied by using ing ‘‘QUALIFIED 501(c)(3) BONDS’’ and inserting (4) SECRETARY.—The term ‘‘Secretary’’ the market value of the residence at the ‘‘CERTAIN BONDS’’. means the Secretary of Treasury or the Sec- time of refinancing in lieu of the acquisition (d) EFFECTIVE DATE.—The amendments retary’s designee. cost. made by this section shall apply to bonds (e) TIMING OF REFUND.—With respect to ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term issued after the date of the enactment of this any claim for refund filed pursuant to this ‘qualified subprime loan’ means an adjust- Act. section, the Secretary shall determine able rate single-family residential mortgage TITLE II—HOUSING GSE AND FHA LOAN whether the requirements of this section are loan originated after December 31, 2001, and LIMITS met not later than 180 days after such claim before January 1, 2008, that the bond issuer SEC. 201. TEMPORARY CONFORMING LOAN LIMIT is filed. If the Secretary determines that the determines would be reasonably likely to INCREASE FOR FANNIE MAE AND requirements of this section are met, the cause financial hardship to the borrower if FREDDIE MAC. claim for refund shall be paid not later than not refinanced. (a) INCREASE OF HIGH COST AREAS LIMITS 180 days after the Secretary makes such de- ‘‘(D) TERMINATION.—This paragraph shall FOR HOUSING GSES.—For mortgages origi- termination. not apply to any bonds issued after Decem- nated during the period beginning on July 1, (f) INTEREST.—Any refund paid pursuant to ber 31, 2010.’’. 2007, and ending at the end of December 31, this section shall be paid by the Secretary (b) INCREASED VOLUME CAP FOR CERTAIN 2008: with interest from the date of overpayment BONDS.— (1) FANNIE MAE.—With respect to the Fed- determined by using the overpayment rate (1) IN GENERAL.—Subsection (d) of section eral National Mortgage Association, not- and method under section 6621 of such Code. 146 of the Internal Revenue Code of 1986 is withstanding section 302(b)(2) of the Federal (g) DENIAL OF DOUBLE BENEFIT.—The pay- amended by adding at the end the following National Mortgage Association Charter Act ment under subsection (a) with respect to new paragraph: (12 U.S.C. 1717(b)(2)), the limitation on the any coal shall not exceed— ‘‘(5) INCREASE AND SET ASIDE FOR HOUSING maximum original principal obligation of a (1) in the case of a payment to a coal pro- BONDS FOR 2008.— mortgage that may be purchased by the As- ducer, the amount of tax paid under section ‘‘(A) INCREASE FOR 2008.—In the case of cal- sociation shall be the higher of— 4121 of the Internal Revenue Code of 1986 endar year 2008, the State ceiling for each (A) the limitation for 2008 determined with respect to such coal by such coal pro- State shall be increased by an amount equal under such section 302(b)(2) for a residence of ducer or a party related to such coal pro- to $10,000,000,000 multiplied by a fraction— the applicable size; or ducer, and ‘‘(i) the numerator of which is the popu- (B) 125 percent of the area median price for (2) in the case of a payment to an exporter, lation of such State (as reported in the most a residence of the applicable size, but in no an amount equal to $0.825 per ton with re- recent decennial census), and case to exceed 175 percent of the limitation spect to such coal exported by the exporter ‘‘(ii) the denominator of which is the total for 2008 determined under such section or caused to be exported by the exporter. population of all States (as reported in the 302(b)(2) for a residence of the applicable size. (h) APPLICATION OF SECTION.—This section most recent decennial census). (2) FREDDIE MAC.—With respect to the Fed- applies only to claims on coal exported or ‘‘(B) SET ASIDE.— eral Home Loan Mortgage Corporation, not- shipped on or after October 1, 1990, through ‘‘(i) IN GENERAL.—Any amount of the State withstanding section 305(a)(2) of the Federal the date of the enactment of this Act. ceiling for any State which is attributable to Home Loan Mortgage Corporation Act (12 (i) STANDING NOT CONFERRED.— an increase under this paragraph shall be al- U.S.C. 1454(a)(2)), the limitation on the max- (1) EXPORTERS.—With respect to exporters, located solely for one or more qualified pur- imum original principal obligation of a this section shall not confer standing upon poses. mortgage that may be purchased by the Cor- an exporter to commence, or intervene in, ‘‘(ii) QUALIFIED PURPOSE.—For purposes of poration shall be the higher of— any judicial or administrative proceeding this paragraph, the term ‘qualified purpose’ (A) the limitation determined for 2008 concerning a claim for refund by a coal pro- means— under such section 305(a)(2) for a residence of ducer of any Federal or State tax, fee, or ‘‘(I) the issuance of exempt facility bonds the applicable size; or royalty paid by the coal producer. used solely to provide qualified residential (B) 125 percent of the area median price for (2) COAL PRODUCERS.—With respect to coal rental projects, or a residence of the applicable size, but in no producers, this section shall not confer ‘‘(II) a qualified mortgage issue (deter- case to exceed 175 percent of the limitation standing upon a coal producer to commence, mined by substituting ‘12-month period’ for determined for 2008 under such section or intervene in, any judicial or administra- ‘42-month period’ each place it appears in 305(a)(2) for a residence of the applicable size. tive proceeding concerning a claim for re- section 143(a)(2)(D)(i)).’’. (b) DETERMINATION OF LIMITS.—The areas fund by an exporter of any Federal or State (2) CARRYFORWARD OF UNUSED LIMITA- and area median prices used for purposes of tax, fee, or royalty paid by the producer and TIONS.—Subsection (f) of section 146 of such the determinations under subsection (a) alleged to have been passed on to an ex- Code is amended by adding at the end the shall be the areas and area median prices porter. following new paragraph: used by the Secretary of Housing and Urban Subtitle D—Provisions Relating to Housing ‘‘(6) SPECIAL RULES FOR INCREASED VOLUME Development in determining the applicable Bonds CAP UNDER SUBSECTION (d)(5).— limits under section 202 of this title. SEC. 131. MODIFICATIONS ON USE OF QUALIFIED ‘‘(A) IN GENERAL.—No amount which is at- (c) RULE OF CONSTRUCTION.—A mortgage MORTGAGE BONDS; TEMPORARY IN- tributable to the increase under subsection originated during the period referred to in CREASED VOLUME CAP FOR CER- (d)(5) may be used— subsection (a) that is eligible for purchase by TAIN HOUSING BONDS. ‘‘(i) for a carryforward purpose other than the Federal National Mortgage Association (a) USE OF QUALIFIED MORTGAGE BONDS a qualified purpose (as defined in subsection or the Federal Home Loan Mortgage Cor- PROCEEDS FOR SUBPRIME REFINANCING (d)(5)), and poration pursuant to this section shall be el- LOANS.—Section 143(k) of the Internal Rev- ‘‘(ii) to issue any bond after calendar year igible for such purchase for the duration of enue Code of 1986 (relating to other defini- 2010. the term of the mortgage, notwithstanding tions and special rules) is amended by adding ‘‘(B) ORDERING RULES.—For purposes of that such purchase occurs after the expira- at the end the following new paragraph: subparagraph (A), any carryforward of an tion of such period. ‘‘(12) SPECIAL RULES FOR SUBPRIME issuing authority’s volume cap for calendar (d) EFFECT ON HOUSING GOALS.—Notwith- REFINANCINGS.— year 2008 shall be treated as attributable to standing any other provision of law, mort- ‘‘(A) IN GENERAL.—Notwithstanding the re- such increase to the extent of such in- gages purchased in accordance with the in- quirements of subsection (i)(1), the proceeds crease.’’. creased maximum original principal obliga- of a qualified mortgage issue may be used to (c) ALTERNATIVE MINIMUM TAX.— tion limitations determined pursuant to this refinance a mortgage on a residence which (1) IN GENERAL.—Clause (ii) of section section shall not be considered in deter- was originally financed by the mortgagor 57(a)(5)(C) of the Internal Revenue Code of mining performance with respect to any of through a qualified subprime loan. 1986 is amended by striking ‘‘shall not in- the housing goals established under section ‘‘(B) SPECIAL RULES.—In applying this clude’’ and all that follows and inserting 1332, 1333, or 1334 of the Housing and Commu- paragraph to any case in which the proceeds ‘‘shall not include— nity Development Act of 1992 (12 U.S.C. 4562–

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.001 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1370 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 4), and shall not be considered in deter- in any particular area or areas, to an pensation under this title unless, in the base mining compliance with such goals pursuant amount that does not exceed the maximum period with respect to which the individual to section 1336 of such Act (12 U.S.C. 4566) dollar amount then otherwise in effect pur- exhausted all rights to regular compensation and regulations, orders, or guidelines issued suant to subsection (a) for such size resi- under the State law, the individual had 20 thereunder. dence, or for such area (if applicable), by not weeks of full-time insured employment or (e) SENSE OF CONGRESS.—It is the sense of more than $100,000. the equivalent in insured wages, as deter- the Congress that the securitization of mort- (c) PUBLICATION OF AREA MEDIAN PRICES mined under the provisions of the State law gages by the Federal National Mortgage As- AND LOAN LIMITS.—The Secretary of Housing implementing section 202(a)(5) of the Fed- sociation and the Federal Home Loan Mort- and Urban Development shall publish the eral-State Extended Unemployment Com- gage Corporation plays an important role in median house prices and mortgage principal pensation Act of 1970 (26 U.S.C. 3304 note); providing liquidity to the United States obligation limits, as revised pursuant to this and housing markets. Therefore, the Congress section, for all areas as soon as practicable, (B) where otherwise inconsistent with the encourages the Federal National Mortgage but in no case more than 30 days after the provisions of this title or with the regula- Association and the Federal Home Loan date of the enactment of this Act. With re- tions or operating instructions of the Sec- Mortgage Corporation to securitize mort- spect to existing areas for which the Sec- retary promulgated to carry out this title; gages acquired under the increased con- retary has not established area median and forming loan limits established in this sec- prices before such date of enactment, the (3) the maximum amount of temporary ex- tion, to the extent that such securitizations Secretary may rely on existing commercial tended unemployment compensation payable can be effected in a timely and efficient data in determining area median prices and to any individual for whom a temporary ex- manner that does not impose additional calculating such revised principal obligation tended unemployment compensation account costs for mortgages originated, purchased, or limits. is established under section 302 shall not ex- securitized under the existing limits or TITLE III—TEMPORARY EXTENDED ceed the amount established in such account interfere with the goal of adding liquidity to UNEMPLOYMENT COMPENSATION for such individual. the market. SEC. 301. FEDERAL-STATE AGREEMENTS. (e) ELECTION BY STATES.—Notwithstanding SEC. 202. TEMPORARY LOAN LIMIT INCREASE (a) IN GENERAL.—Any State which desires any other provision of Federal law (and if FOR FHA. to do so may enter into and participate in an State law permits), the Governor of a State (a) INCREASE OF HIGH-COST AREA LIMIT.— agreement under this title with the Sec- that is in an extended benefit period may For mortgages for which the mortgagee has retary of Labor (in this title referred to as provide for the payment of temporary ex- issued credit approval for the borrower on or the ‘‘Secretary’’). Any State which is a party tended unemployment compensation in lieu before December 31, 2008, subparagraph (A) of to an agreement under this title may, upon of extended compensation to individuals who section 203(b)(2) of the National Housing Act providing 30 days written notice to the Sec- otherwise meet the requirements of this sec- (12 U.S.C. 1709(b)(2)(A)) shall be considered retary, terminate such agreement. tion. Such an election shall not require a (except for purposes of section 255(g) of such (b) PROVISIONS OF AGREEMENT.—Any agree- State to trigger off an extended benefit pe- Act (12 U.S.C. 1715z–20(g))) to require that a ment under subsection (a) shall provide that riod. mortgage shall involve a principal obligation the State agency of the State will make pay- SEC. 302. TEMPORARY EXTENDED UNEMPLOY- in an amount that does not exceed the lesser ments of temporary extended unemployment MENT COMPENSATION ACCOUNT. of— compensation to individuals who— (a) IN GENERAL.—Any agreement under (1) in the case of a 1-family residence, 125 (1) have exhausted all rights to regular this title shall provide that the State will es- percent of the median 1-family house price in compensation under the State law or under tablish, for each eligible individual who files the area, as determined by the Secretary; Federal law with respect to a benefit year an application for temporary extended un- and in the case of a 2-, 3-, or 4-family resi- (excluding any benefit year that ended be- employment compensation, a temporary ex- dence, the percentage of such median price fore February 1, 2007); tended unemployment compensation account that bears the same ratio to such median (2) have no rights to regular compensation with respect to such individual’s benefit price as the dollar amount limitation deter- or extended compensation with respect to a year. mined for 2008 under section 305(a)(2) of the week under such law or any other State un- (b) AMOUNT IN ACCOUNT.— Federal Home Loan Mortgage Corporation employment compensation law or to com- (1) IN GENERAL.—The amount established in Act (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-fam- pensation under any other Federal law; and an account under subsection (a) shall be ily residence, respectively, bears to the dol- (3) are not receiving compensation with re- equal to the lesser of— lar amount limitation determined for 2008 spect to such week under the unemployment (A) 50 percent of the total amount of reg- under such section for a 1-family residence; compensation law of Canada. ular compensation (including dependents’ al- or (c) EXHAUSTION OF BENEFITS.—For purposes lowances) payable to the individual during (2) 175 percent of the dollar amount limita- of subsection (b)(1), an individual shall be the individual’s benefit year under such law; tion determined for 2008 under such section deemed to have exhausted such individual’s or 305(a)(2) for a residence of the applicable size rights to regular compensation under a State (B) 13 times the individual’s average week- (without regard to any authority to increase law when— ly benefit amount for the benefit year. such limitation with respect to properties lo- (1) no payments of regular compensation (2) WEEKLY BENEFIT AMOUNT.—For purposes cated in Alaska, Guam, Hawaii, or the Virgin can be made under such law because such in- of this subsection, an individual’s weekly Islands); dividual has received all regular compensa- benefit amount for any week is the amount except that the dollar amount limitation in tion available to such individual based on of regular compensation (including depend- effect under this subsection for any size resi- employment or wages during such individ- ents’ allowances) under the State law pay- dence for any area shall not be less than the ual’s base period; or able to such individual for such week for greater of (A) the dollar amount limitation (2) such individual’s rights to such com- total unemployment. in effect under such section 203(b)(2) for the pensation have been terminated by reason of (c) SPECIAL RULE.— area on October 21, 1998; or (B) 65 percent of the expiration of the benefit year with re- (1) IN GENERAL.—Notwithstanding any the dollar amount limitation determined for spect to which such rights existed. other provision of this section, if, at the 2008 under such section 305(a)(2) for a resi- (d) WEEKLY BENEFIT AMOUNT, ETC.—For time that the individual’s account is ex- dence of the applicable size. Any reference in purposes of any agreement under this title— hausted, such individual’s State is in an ex- this subsection to dollar amount limitations (1) the amount of temporary extended un- tended benefit period (as determined under in effect under section 305 (a)(2) of the Fed- employment compensation which shall be paragraph (2)), then, such account shall be eral Home Loan Mortgage Corporation Act payable to any individual for any week of augmented by an amount equal to the means such limitations as in effect without total unemployment shall be equal to the amount originally established in such ac- regard to any increase in such limitation amount of the regular compensation (includ- count (as determined under subsection pursuant to section 201 of this title. ing dependents’ allowances) payable to such (b)(1)). (b) DISCRETIONARY AUTHORITY.—If the Sec- individual during such individual’s benefit (2) EXTENDED BENEFIT PERIOD.—For pur- retary of Housing and Urban Development year under the State law for a week of total poses of paragraph (1), a State shall be con- determines that market conditions warrant unemployment; sidered to be in an extended benefit period if, such an increase, the Secretary may, for the (2) the terms and conditions of the State at the time of exhaustion (as described in period that begins upon the date of the en- law which apply to claims for regular com- paragraph (1))— actment of this Act and ends at the end of pensation and to the payment thereof shall (A) such a period is then in effect for such the date specified in subsection (a), increase apply to claims for temporary extended un- State under the Federal-State Extended Un- the maximum dollar amount limitation de- employment compensation and the payment employment Compensation Act of 1970; termined pursuant to subsection (a) with re- thereof, except— (B) such a period would then be in effect spect to any particular size or sizes of resi- (A) that an individual shall not be eligible for such State under such Act if section dences, or with respect to residences located for temporary extended unemployment com- 203(d) of such Act were applied as if it had

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been amended by striking ‘‘5’’ each place it (d) APPROPRIATIONS FOR CERTAIN PAY- review in the same manner and to the same appears and inserting ‘‘4’’; or MENTS.—There are appropriated from the extent as determinations under the State un- (C) such a period would then be in effect general fund of the Treasury, without fiscal employment compensation law, and only in for such State under such Act if— year limitation, to the extended unemploy- that manner and to that extent. (i) section 203(f) of such Act was applied to ment compensation account (as so estab- SEC. 306. DEFINITIONS. such State (regardless of whether the State lished) of the Unemployment Trust Fund (as In this title, the terms ‘‘compensation’’, by law had provided for such application); so established) such sums as the Secretary ‘‘regular compensation’’, ‘‘extended com- and estimates to be necessary to make the pay- pensation’’, ‘‘benefit year’’, ‘‘base period’’, (ii) such section 203(f) did not include the ments under this section in respect of— ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and requirement under paragraph (1)(A)(ii). (1) compensation payable under chapter 85 ‘‘week’’ have the respective meanings given SEC. 303. PAYMENTS TO STATES HAVING AGREE- of title 5, United States Code; and such terms under section 205 of the Federal- MENTS FOR THE PAYMENT OF TEM- (2) compensation payable on the basis of State Extended Unemployment Compensa- PORARY EXTENDED UNEMPLOY- services to which section 3309(a)(1) of the In- tion Act of 1970 (26 U.S.C. 3304 note). MENT COMPENSATION. ternal Revenue Code of 1986 applies. SEC. 307. APPLICABILITY. (a) GENERAL RULE.—There shall be paid to Amounts appropriated pursuant to the pre- each State which has entered into an agree- (a) IN GENERAL.—Except as provided in ceding sentence shall not be required to be ment under this title an amount equal to 100 subsection (b), an agreement entered into repaid. percent of the temporary extended unem- under this title shall apply to weeks of un- ployment compensation paid to individuals SEC. 305. FRAUD AND OVERPAYMENTS. employment— by the State pursuant to such agreement. (a) IN GENERAL.—If an individual know- (1) beginning after the date on which such (b) TREATMENT OF REIMBURSABLE COM- ingly has made, or caused to be made by an- agreement is entered into; and PENSATION.—No payment shall be made to other, a false statement or representation of (2) ending on or before December 31, 2008. any State under this section in respect of a material fact, or knowingly has failed, or (b) TRANSITION FOR AMOUNT REMAINING IN any compensation to the extent the State is caused another to fail, to disclose a material ACCOUNT.— entitled to reimbursement in respect of such fact, and as a result of such false statement (1) IN GENERAL.—Subject to paragraphs (2) compensation under the provisions of any or representation or of such nondisclosure and (3), in the case of an individual who has Federal law other than this title or chapter such individual has received an amount of amounts remaining in an account estab- 85 of title 5, United States Code. A State temporary extended unemployment com- lished under section 302 as of December 31, shall not be entitled to any reimbursement pensation under this title to which the indi- 2008, temporary extended unemployment under such chapter 85 in respect of any com- vidual was not entitled, such individual— compensation shall continue to be payable to pensation to the extent the State is entitled (1) shall be ineligible for further temporary such individual from such amounts for any to reimbursement under this title in respect extended unemployment compensation under week beginning after such date for which the of such compensation. this title in accordance with the provisions individual meets the eligibility requirements (c) DETERMINATION OF AMOUNT.—Sums pay- of the applicable State unemployment com- of this title. able to any State by reason of such State pensation law relating to fraud in connection (2) NO AUGMENTATION AFTER DECEMBER 31, having an agreement under this title shall be with a claim for unemployment compensa- 2008.—If the account of an individual is ex- payable, either in advance or by way of reim- tion; and hausted after December 31, 2008, then section bursement (as may be determined by the (2) shall be subject to prosecution under 302(c) shall not apply and such account shall Secretary), in such amounts as the Secretary section 1001 of title 18, United States Code. not be augmented under such section, re- estimates the State will be entitled to re- (b) REPAYMENT.—In the case of individuals gardless of whether such individual’s State is ceive under this title for each calendar who have received amounts of temporary ex- in an extended benefit period (as determined month, reduced or increased, as the case may tended unemployment compensation under under paragraph (2) of such section). be, by any amount by which the Secretary this title to which they were not entitled, (3) LIMITATION.—No compensation shall be finds that the Secretary’s estimates for any the State shall require such individuals to payable by reason of paragraph (1) for any prior calendar month were greater or less repay the amounts of such temporary ex- week beginning after March 31, 2009. than the amounts which should have been tended unemployment compensation to the TITLE l—LOW-INCOME HOME ENERGY paid to the State. Such estimates may be State agency, except that the State agency ASSISTANCE made on the basis of such statistical, sam- may waive such repayment if it determines SEC. ll. LOW-INCOME HOME ENERGY ASSIST- pling, or other method as may be agreed that— ANCE PROGRAM. upon by the Secretary and the State agency (1) the payment of such temporary ex- (a) IN GENERAL.—In addition to amounts of the State involved. tended unemployment compensation was otherwise made available for fiscal year 2008, SEC. 304. FINANCING PROVISIONS. without fault on the part of any such indi- there are appropriated, out of any money in (a) IN GENERAL.—Funds in the extended un- vidual; and the Treasury not otherwise appropriated— employment compensation account (as es- (2) such repayment would be contrary to (1) $500,000,000 for fiscal year 2008, for mak- tablished by section 905(a) of the Social Se- equity and good conscience. ing payments under subsections (a) through (c) RECOVERY BY STATE AGENCY.— curity Act (42 U.S.C. 1105(a))) of the Unem- (d) of section 2604 of the Low-Income Home (1) IN GENERAL.—The State agency may re- ployment Trust Fund (as established by sec- Energy Assistance Act of 1981 (42 U.S.C. cover the amount to be repaid, or any part tion 904(a) of such Act (42 U.S.C. 1104(a))) 8623); and thereof, by deductions from any temporary shall be used for the making of payments to (2) $500,000,000 for fiscal year 2008, for mak- extended unemployment compensation pay- States having agreements entered into under ing allotments under section 2604(a) of the able to such individual under this title or this title. Low-Income Home Energy Assistance Act of (b) CERTIFICATION.—The Secretary shall from any unemployment compensation pay- 1981 (42 U.S.C. 8623(a)) that are made in such from time to time certify to the Secretary of able to such individual under any State or a manner as to ensure that each State’s al- the Treasury for payment to each State the Federal unemployment compensation law lotment percentage is the percentage the sums payable to such State under this title. administered by the State agency or under State would receive of funds allotted under The Secretary of the Treasury, prior to audit any other State or Federal law administered such section 2604(a) if the total amount ap- or settlement by the Government Account- by the State agency which provides for the propriated for fiscal year 2008 and available ability Office, shall make payments to the payment of any assistance or allowance with to carry out such section 2604(a) had been State in accordance with such certification, respect to any week of unemployment, dur- less than $1,975,000,000. by transfers from the extended unemploy- ing the 3-year period after the date such in- (b) RELEASE OF FUNDS.—Funds appro- dividuals received the payment of the tem- ment compensation account (as so estab- priated under subsection (a)(2), and funds ap- porary extended unemployment compensa- lished) to the account of such State in the propriated (but not obligated) prior to the tion to which they were not entitled, except Unemployment Trust Fund (as so estab- date of enactment of this Act for making that no single deduction may exceed 50 per- lished). payments under section 2604(e) of such Act (c) ASSISTANCE TO STATES.—There are ap- cent of the weekly benefit amount from (42 U.S.C. 8623(e)), shall be released to States propriated out of the employment security which such deduction is made. not later than 30 days after the date of en- administration account (as established by (2) OPPORTUNITY FOR HEARING.—No repay- actment of this Act. section 901(a) of the Social Security Act (42 ment shall be required, and no deduction U.S.C. 1101(a))) of the Unemployment Trust shall be made, until a determination has TITLE l—EMERGENCY DESIGNATION Fund, without fiscal year limitation, such been made, notice thereof and an oppor- SEC. 501. EMERGENCY DESIGNATION. funds as may be necessary for purposes of as- tunity for a fair hearing has been given to For purposes of Senate enforcement, all sisting States (as provided in title III of the the individual, and the determination has be- provisions of this Act are designated as Social Security Act (42 U.S.C. 501 et seq.)) in come final. emergency requirements and necessary to meeting the costs of administration of agree- (d) REVIEW.—Any determination by a State meet emergency needs pursuant to section ments under this title. agency under this section shall be subject to 204 of S. Con. Res. 21 (110th Congress), the

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.002 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1372 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 concurrent resolution on the budget for fis- mittee on Rules and Administration on the desk be agreed to, the bill, as cal year 2008. Wednesday, February 13, 2008 at 10 a.m. amended, be read the third time and in SR–301, Russell Senate Office Build- passed, a motion to reconsider be laid SA 3984. Mr. REID proposed an ing, in order to hear testimony on Pro- upon the table, and any statements re- amendment to amendment SA 3983 pro- tecting Voters at Home and at the lating to this measure be printed in the posed by Mr. REID to the bill H.R. 5140, Polls: Limiting Abusive Robocalls and RECORD. to provide economic stimulus through Vote Caging Practices. The PRESIDING OFFICER. Without recovery rebates to individuals, incen- f objection, it is so ordered. tives for business investment, and an The amendment (No. 3988) was agreed increase in conforming and FHA loan AUTHORITY FOR COMMITTEES TO to, as follows: MEET limits; as follows: (Purpose: To prohibit gaming activities on At the end of the amendment, add the fol- COMMITTEE ON FINANCE certain land) lowing: Mr. BROWN. Mr. President, I ask At the end, add the following: This section shall take effect 4 days after unanimous consent that the Com- (c) PROHIBITION ON GAMING ACTIVITIES.—No enactment. mittee on Finance be authorized to entity may conduct any gaming activity (within the meaning of section 4 of the In- SA 3985. Mr. REID proposed an meet during the session of the Senate on Tuesday, February 5, 2008, at 10 dian Gaming Regulatory Act (25 U.S.C. 2703)) amendment to the bill H.R. 5140, to pursuant to a claim of inherent authority or provide economic stimulus through re- a.m., in room 215 of the Dirksen Senate any Federal law (including the Indian Gam- covery rebates to individuals, incen- Office Building, in order to hear testi- ing Regulatory Act (25 U.S.C. 2701 et seq.) tives for business investment, and an mony on the President’s fiscal year and any regulations promulgated by the Sec- increase in conforming and FHA loan 2009 budget proposal. retary of the Interior or the National Indian limits; as follows: COMMITTEE ON VETERANS’ AFFAIRS Gaming Commission pursuant to that Act) on any land that is leased with an option to At the end insert the following: Mr. BROWN. Mr. President, I ask unanimous consent for the Committee renew the lease in accordance with this sec- This section shall become effective 3 days tion. after enactment of the bill. on Veterans’ Affairs to be authorized to meet during the session of the Sen- The bill (S. 2457), as amended, was or- SA 3986. Mr. REID submitted an ate on Tuesday, February 5, in order to dered to be engrossed for a third read- amendment which was ordered to lie on conduct an oversight hearing entitled: ing, was read the third time, and the table; as follows: Review of Veterans’ Disability Com- passed, as follows: On line 2, strike 3 and insert 2. pensation: Rehabilitating Veterans.’’ S. 2457 The Committee will meet in room 418 Be it enacted by the Senate and House of Rep- SA 3987. Mr. REID proposed an of the Russell Senate Office Building, resentatives of the United States of America in amendment to amendment SA 3986 pro- at 9:30 a.m. Congress assembled, posed by Mr. REID to the bill; as fol- The PRESIDING OFFICER. Without SECTION 1. EXTENSIONS OF LEASES OF CERTAIN LAND BY MASHANTUCKET PEQUOT lows: objection, it is so ordered. (WESTERN) TRIBE. On line 1, strike 2 and insert 1. SELECT COMMITTEE ON INTELLIGENCE (a) IN GENERAL.—Any lease of restricted Mr. BROWN. Mr. President, I ask land of the Mashantucket Pequot (Western) SA 3988. Mr. REID (for Mr. unanimous consent that the Select Tribe (referred to in this section as the LIEBERMAN) proposed an amendment to Committee on Intelligence be author- ‘‘Tribe’’) entered into on behalf of the Tribe the bill S. 2457, to provide for exten- ized to meet during the session of the by the tribal corporation of the Tribe char- sions of leases of certain land by tered pursuant to section 17 of the Act of Senate on February 5, 2008, at 10 a.m. June 18, 1934 (25 U.S.C. 477), may include an Mashantucket Pequot (Western) Tribe; in order to hold an open hearing. as follows: option to renew the lease for not more than SELECT COMMITTEE ON INTELLIGENCE 2 additional terms, each of which shall not At the end, add the following: Mr. BROWN. Mr. President, I ask exceed 25 years, subject only to the approval (c) PROHIBITION ON GAMING ACTIVITIES.—No unanimous consent that the Select of the tribal council of the Tribe. entity may conduct any gaming activity Committee on Intelligence be author- (b) LIABILITY OF UNITED STATES.—The (within the meaning of section 4 of the In- ized to meet during the session of the United States shall not be liable to any dian Gaming Regulatory Act (25 U.S.C. 2703)) party for any loss resulting from a renewal pursuant to a claim of inherent authority or Senate on February 5, 2008, at 2:30 p.m. of a lease entered into pursuant to sub- any Federal law (including the Indian Gam- in order to hold a closed hearing. section (a). ing Regulatory Act (25 U.S.C. 2701 et seq.) The PRESIDING OFFICER. Without (c) PROHIBITION ON GAMING ACTIVITIES.—No and any regulations promulgated by the Sec- objection, it is so ordered. entity may conduct any gaming activity retary of the Interior or the National Indian f (within the meaning of section 4 of the In- Gaming Commission pursuant to that Act) dian Gaming Regulatory Act (25 U.S.C. 2703)) on any land that is leased with an option to PROVIDING FOR EXTENSIONS OF pursuant to a claim of inherent authority or renew the lease in accordance with this sec- LEASES FOR CERTAIN LAND BY any Federal law (including the Indian Gam- tion. MASHANTUCKET PEQUOT (WEST- ing Regulatory Act (25 U.S.C. 2701 et seq.) f ERN) TRIBE and any regulations promulgated by the Sec- retary of the Interior or the National Indian NOTICES OF HEARINGS Mr. REID. Mr. President, I ask unan- Gaming Commission pursuant to that Act) imous consent that the Committee on COMMITTEE ON INDIAN AFFAIRS on any land that is leased with an option to Indian Affairs be discharged from fur- Mr. DORGAN. Mr. President, I would renew the lease in accordance with this sec- ther consideration of S. 2457 and that tion. like to announce that the Committee the Senate proceed to its immediate on Indian Affairs will meet on Thurs- f consideration. day, February 7, at 9:30 a.m., in room The PRESIDING OFFICER. Without NATIONAL DRUG PREVENTION 628 of the Dirksen Senate Office Build- objection, it is so ordered. AND EDUCATION WEEK ing in order to conduct a hearing on The clerk will report the bill by title. Mr. REID. Mr. President, I ask unan- the nomination of Robert G. McSwain The assistant legislative clerk read imous consent that the Judiciary Com- to be Director of the Indian Health as follows: mittee be discharged from further con- Service. A bill (S. 2457) to provide for extensions of sideration of S. Res. 434, and the Sen- Those wishing additional information leases of certain land by Mashantucket ate now proceed to its immediate con- my contact the Indian Affairs Com- Pequot (Western) Tribe. sideration. mittee at 224–2251. There being no objection, the Senate The PRESIDING OFFICER. Without COMMITTEE ON RULES AND ADMINISTRATION proceeded to consider the bill. objection, it is so ordered. Mrs. FEINSTEIN. Mr. President, Mr. REID. Mr. President, I ask unan- The clerk will report the resolution there will be a meeting of the Com- imous consent that the amendment at by title.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.002 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1373 The assistant legislative clerk read and universities), and communities and so- agreed to, the preamble be agreed to, as follows: cial environments that must be reinforced by and the motions to reconsider be laid each other to have the greatest effect in de- A resolution (S. Res. 434) designating the upon the table. terring the consequences of drug use; week of February 10 through 16, 2008 as ‘‘Na- The PRESIDING OFFICER. Without Whereas a comprehensive blend of individ- tional Drug Prevention and Education ually and environmentally focused efforts objection, it is so ordered. Week.’’ must be adopted and a variety of strategies The resolution (S. Res. 443) was There being no objection, the Senate must be implemented across multiple sectors agreed to. proceeded to consider the resolution. of a community to reduce drug use; The preamble was agreed to. Mr. REID. Mr. President, I ask unan- Whereas community anti-drug coalitions The resolution, with its preamble, imous consent that the resolution be are an essential component of any drug pre- reads as follows: vention and education campaign because agreed to, the preamble be agreed to, S. RES. 443 the motion to reconsider be laid upon they are data driven, know their community epidemiology, and are capable of under- Whereas, in fiscal year 2007, nearly 60,000 the table with no intervening action or standing and implementing the multi-sector checks issued by the Department of the debate, and any statements relating to interventions required to reduce the avail- Treasury, worth approximately $56,000,000, this matter be printed in the RECORD as ability and use of drugs; were endorsed by forgery; if given. Whereas community anti-drug coalitions Whereas the Department of the Treasury The PRESIDING OFFICER. Without help to change community norms, laws, poli- receives approximately 1,400,000 inquiries objection, it is so ordered. cies, regulations, and procedures to create an each year regarding problems with paper The resolution (S. Res. 434) was environment that discourages the use of checks; Whereas, each month, nearly 12,000,000 so- agreed to. drugs; Whereas school-based prevention programs cial security and other Federal benefit pay- The preamble was agreed to. should be part of a comprehensive commu- ments are made with checks; The resolution, with its preamble, nity wide approach to deal with drug use; Whereas the United States would generate reads as follows: Whereas the more successful we are at gen- approximately $132,000,000 in annual savings S. RES. 434 eral prevention of drug use in younger ado- if all Federal benefit checks were paid by di- Whereas recent survey data suggests that lescents, the less we will have to deal with rect deposit; illegal drug use among youth has declined by the concomitant economic and societal con- Whereas the use of direct deposit is a more 24 percent since 2001; sequences of their use; secure, reliable, and cost-effective method of Whereas, despite the reduction in drug use Whereas the total economic cost of drug, payment than paper checks because the use among youth, the number of 8th, 10th, and alcohol, and tobacco abuse in the United of direct deposit— 12th graders who use drugs remains too high States is more than $500,000,000,000; (1) helps protect against identity theft and and the rates of prescription and over-the- Whereas the savings per dollar spent on fraud; counter drug abuse are alarming; substance abuse prevention rather than on (2) provides easier access to funds during Whereas the overall rate of current illegal substance abuse treatment are substantial, emergencies and natural disasters; and and can range from $2.00 to $20.00; (3) provides the people of the United States drug use among persons aged 12 or older is 8.3 Whereas there will always be new and with more control over their money; percent, which has remained stable since emerging drug trends that require additional Whereas the Department of the Treasury 2002; prevention and education efforts; and the Federal Reserve Banks have Whereas ecstasy (methylenedioxy- Whereas preventing drug use before it be- launched Go Direct, a national campaign to methamphetamine, or MDMA) use among gins and educating the public about the dan- motivate people who receive Federal benefit high school age youth has been rising since gers of drug use is a critical component of payments to use direct deposit to receive 2004; what must be a consistent and comprehen- those payments; Whereas, while methamphetamine use is sive effort to stunt and decrease drug use Whereas Go Direct works with more than down among 8th, 10th, and 12th graders, rates throughout the country; and 1,100 partners across the Nation, including fi- many counties across the country still re- Whereas thousands of community anti- nancial institutions, advocacy groups, and port that methamphetamine is a serious drug coalition leaders and community based community organizations; drug problem; substance abuse prevention, treatment, and Whereas more than 130 financial institu- Whereas 25 percent of youth in the 10th education specialists come to Washington, tions representing 25,000 branches nation- grade reported the use of marijuana during DC to receive state-of-the-art technical as- wide participated in the 2007 ‘‘Go Direct the past year; sistance, training, and education on drug Champions’’ competition to encourage the Whereas youth who first smoke marijuana prevention at the Community Anti-Drug Co- use of direct deposit among people who re- under the age of 14 are more than 5 times as alition of America’s Annual National Lead- ceive Federal benefit payments; and likely to abuse drugs in adulthood; ership Forum in February: Now, therefore, Whereas more than 1,600,000 people in the Whereas nearly 6 percent of 12th graders be it United States have switched from paper have used over-the-counter cough and cold Resolved, That the Senate— checks to direct deposit to receive Federal medications in the past year for the purpose (1) designates the week of February 10–16, benefit payments since Go Direct launched in of getting high; 2008, as ‘‘National Drug Prevention and Edu- the fall of 2004: Now, therefore, be it Whereas Vicodin remains one of the most cation Week’’; and Resolved, That the Senate— commonly abused drugs among 12th graders, (2) urges communities, schools, parents, (1) designates February 2008 as ‘‘Go Direct with 1 in 10 reporting nonmedical use within and youth to engage in, and carry out, appro- Month’’; the past year; priate prevention and education activities (2) supports the goals and ideals of the Go Whereas teenagers’ and parents’ lack of and programs to reduce and stop drug use be- Direct campaign; understanding of the potential harms of fore it starts. (3) commends Federal, State, and local these powerful medicines makes it even governments, nonprofit agencies, and the more critical to raise public awareness about f private sector for promoting February as Go the dangers associated with their non-med- DESIGNATING FEBRUARY 2008 AS Direct Month; and ical use; ‘‘GO DIRECT MONTH’’ (4) encourages people in the United States Whereas the rates of use for any illegal who are eligible to receive social security or drug are directly related to the perception of Mr. REID. Mr. President, I ask unan- other Federal benefit payments to— harm and social disapproval; imous consent that the Senate proceed (A) participate in events and awareness Whereas more than 20 years of research has to the consideration of S. Res. 443. initiatives held during the month of Feb- demonstrated that prevention interventions, The PRESIDING OFFICER. The ruary with respect to using direct deposit; designed and tested to reduce risk and en- clerk will report the resolution by (B) become informed about the conven- hance protective factors, can help children title. ience and safety of direct deposit; and at every step along their developmental The assistant legislative clerk read (C) consider signing up for direct deposit of path, from early childhood into young adult- as follows: social security or other Federal benefit pay- hood; A resolution (S. Res. 443) designating Feb- ments. Whereas prevention efforts should be flexi- ruary 2008 as ‘‘Go Direct Month.’’ ble enough to address and prevent local prob- f There being no objection, the Senate lems before they become national trends; THE STIMULUS PACKAGE Whereas research has demonstrated that proceeded to consider the resolution. there are 4 major targets of prevention: Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, before we youth, parents, schools (including colleges imous consent that the resolution be leave, I want to say a couple of things.

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.002 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD 1374 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008 It is a very important vote we have will vote on tomorrow, is a good piece going to go through all the provisions tomorrow. I want the Senate to know of legislation—the Arizona Republic, of the legislation, but it is good, it is a we have received support from all over the Los Angeles Times—and we have package. And my Republican col- the country on the Senate stimulus had support from all over the country. leagues, nine of them, we need nine of package. I picked two of these just to I will quote directly from the Presi- them. We know we have three from the comment on at this time. dent’s State of the Union Address when Finance Committee, and I hope we The Los Angeles Times editorial pol- he said: have some other brave souls who will icy in recent years has not been very We should allow State housing agencies to do the right thing for the American progressive in nature, but to date here issue tax free bonds to help homeowners refi- people and not follow the path that for is what they said: nance their mortgages. (Applause.) 7 years has led this country into a pe- It’s looking all but certain that Congress This was greeted by applause. riod of where today—the last report I will pass an economic stimulus bill before These are difficult times for many Amer- got is the Dow Jones was down about mid-February, which isn’t necessarily good ican families, and by taking these steps, we 350 points. Up and down—it is very bad news. It’s questionable whether handing tax- can help more of them to keep their homes. for the economy. payers a few hundred bucks each would real- That is in our bill. My Republican colleagues should un- ly jolt a sluggish economy, yet there’s no We are going to have an opportunity doubt at all that it would increase an al- derstand that the White House has ready scary national debt. Still, some stim- at a quarter to 6 tomorrow to vote on done the country and not done the Re- uli are more appealing than others, and if we this package. We are not going to pick publicans any favors during these past must have a bill, the Senate has a better and choose which of these provisions 7 years. The economy is in a deep trip plan than the House. on a bipartisan basis is placed in the south, and we have to do what we can Among other things, this editorial bill. Are we going to throw overboard to rectify that situation. It would help says: the seniors? No, they are part of the if we passed our package. I cannot The Senate’s plan extends unemployment package. Are we going to throw under imagine why they would keep walking insurance by an additional 13 weeks, pro- the bus disabled veterans? No. Are we over that cliff as a result of what this vides rebate checks to about 20 million sen- going to do away with these business President is telling them to do. It is iors living on Social Security and about provisions that the business commu- disaster for them. It is disaster for the 250,000 disabled veterans (neither group nity loves because it will create jobs? American people. And nine of them would get a penny under the House version), Are we going to throw over the home- should step forward and do the right and expands home-heating subsidies. Jobless builders who are in Washington trying people and those on fixed incomes are much thing. more likely to spend their rebate checks to get this package passed? No. It is Senator GRASSLEY supports this quickly than those in the middle class, so if important. It is important because it package. Senator GRASSLEY is one of the goal is to stimulate spending, this is pre- will stop foreclosures. It will help an the most conservative Members in this cisely the population Congress should be tar- industry that is in peril. Are we going entire Senate. He is doing it because it geting. to tell people who are unemployed, is the right thing to do. This gen- The Senate also addresses one of the big- some of whom have been unemployed tleman farmer is a great legislator. My gest failings of last year’s energy bill. Wind for a long period of time, that we are Republican colleagues, support this and solar power installations are growing at not going to help them, we are going to a sizzling pace, but that growth is fueled by man, support the ranking member of production tax credits that expire at the end strip them out of the package? the Finance Committee. It would be of next year. An extension was stripped from Everything we have in this bill is good for our country, good for our the energy bill because of an unrelated dis- good. We have to go to conference any- economy. pute over taxing oil companies. The credits way because there is a provision in f must be extended as quickly as possible be- here dealing with people who are un- cause investors won’t pump money into documented and getting benefits. ORDERS FOR WEDNESDAY, clean power if there’s a danger of losing their This is a program, it is a package, it FEBRUARY 6, 2008 tax incentives. Renewable energy reduces re- is a good package. That is why we have Mr. REID. Mr. President, I ask unan- liance on foreign oil while cutting green- had support from all over the country house gases and other pollutants; green tech- imous consent that when the Senate nology is also an extremely promising as to how much better it is than the completes its business today, it stand growth industry that could help make up for proposal we got from the House. Is adjourned until 9:30 a.m. tomorrow; the loss of manufacturing jobs. there anything wrong with the House that following the prayer and pledge, The final paragraph of the editorial bill? No, not as far as it goes; it just the Journal of proceedings be approved is as follows: didn’t go far enough. Democrats will to date, the morning hour be deemed McCain has made much during the cam- vote for this bill, all 51 Democrats will expired, the time for the two leaders be paign about his determination to combat vote for this, but I plead with my Re- reserved for their use later in the day; global warming. If he’s the man of convic- publican friends, this is an important there then be a period of morning busi- tion he claims to be, he should return to piece of legislation, not for Democrats, ness for up to 60 minutes, with Sen- Washington and back the Baucus bill. not for Republicans, it is for the Amer- ators permitted to speak therein for up That was the Los Angeles Times. ican people. to 10 minutes each, the time equally di- Mr. President, now the Arizona Re- I was called by one of my Senators vided and controlled between the two public, which is a very conservative this afternoon. He said he talked with leaders or their designees, with the ma- publication. That is an understate- one of the Republican Senators, one of jority in control of the first half and ment. But here is what they said: the senior Senators, and said: Can you the Republicans in control of the final The economic stimulus package from Con- support us? He said: No, I can’t because half; that following morning business, gress needs some power. Renewable power. the Republican leader said at our con- the Senate resume consideration of S. The plan should include an extension of tax ference today that he thinks we will 2248, the FISA bill. credits for renewable-energy sources, such as have an opportunity to put in the sen- The PRESIDING OFFICER. Without wind, solar and geothermal. iors. objection, it is so ordered. We would get a three-for-one impact: cre- Democrats are not willing to throw ating jobs, diversifying our energy supply, f overboard the very needy people who and reducing pollution. PROGRAM These aren’t new tax credits. They’re ex- we believe should be part of this pack- isting ones that are serving us well. Last age. It is a package and it is a good Mr. REID. Mr. President, with the year, nearly 6,000 megawatts of renewable package. Are my Republican colleagues agreement we just entered on the eco- energy came on line. That injected $20 bil- going to tell the unemployed it is un- nomic stimulus bill, there will be a lion into the economy. . . . necessary they get help? Are they rollcall vote at 5:45 p.m. on the cloture Mr. President, this bill that came out going to tell the business community motion on the Finance amendment. In of the Finance Committee, which we this is not necessary now? I am not addition, Senators should be aware

VerDate Mar 15 2010 08:37 Sep 24, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR08\S05FE8.002 S05FE8 rmajette on DSK29S0YB1PROD with BOUND RECORD February 5, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 1375 rollcall votes are possible earlier in the To be major general To be colonel day. I would hope that is the case. BRIG. GEN. DARRELL L. MOORE, 0000 JOHN P. ALBANO, 0000 We don’t have an agreement on FISA CHRISTINA M. BELNAP, 0000 IN THE NAVY DAVID M. BENEDEK, 0000 yet, but I have been given the assur- NANCY B. BLACK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EDWARD H. BOLAND, 0000 ance by my Republican colleagues IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEVEN J. BREWSTER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN CARAVALHO, 0000 that, for example, the amendment the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Presiding Officer and Senator SPECTER MELINDA A. CAVICCHIA, 0000 To be vice admiral ARTHUR B. CHASEN, 0000 are going to offer should be debated to- KENNETH H. CHO, 0000 REAR ADM. DERWOOD C. CURTIS, 0000 morrow. There should be time before FRANK L. CHRISTOPHER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY L. CLEMONS, 0000 we have the 5:45 vote. We have a very IN THE UNITED STATES NAVY TO THE GRADE INDICATED RODNEY L. COLDREN, 0000 important amendment to debate that WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TRINKA S. COSTER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THOMAS K. CURRY, 0000 has to be completed with Senator DODD RONALD D. DEGUZMAN, 0000 To be vice admiral and Senator FEINSTEIN regarding im- ARTHUR J. DELORIMIER, 0000 REAR ADM. HARRY B. HARRIS, JR., 0000 PAUL DUCH, 0000 munity. Senator FEINSTEIN has the NATHAN S. ELLIS, 0000 ability to offer an amendment, and I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL A. ESLAVA, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED LESLIE S. FOSTER, 0000 hope we have votes on these and get rid WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JAMES L. FURGERSON, 0000 of a lot of this tomorrow. We have been RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ROGER A. GALLUP, 0000 DEAN A. GANT, 0000 told the last few days that we could To be vice admiral ROBERT V. GIBBONS, 0000 have some votes and we wind up not REAR ADM. ELIZABETH A. HIGHT, 0000 THOMAS W. GIBSON, 0000 JOHN E. GLORIOSO, JR., 0000 having votes, but I hope we can. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH C. GOLLADAY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED DOMINGO P. GONZALEZ, 0000 f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JESS A. GRAHAM, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KURT W. GRATHWOHL, 0000 ADJOURNMENT UNTIL 9:30 A.M. To be vice admiral THOMAS W. GREIG, 0000 TOMORROW FERNANDO B. GUERENA, 0000 REAR ADM. JOHN M. BIRD, 0000 MARK D. HARRIS, 0000 Mr. REID. Mr. President, I now ask BENJAMIN P. HARRISON, 0000 IN THE ARMY ERIC R. HELLING, 0000 unanimous consent that the Senate JAVIER HERNANDEZ, 0000 stand adjourned under the previous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTINA C. HILL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY PEYTON H. HURT, 0000 order now before the Senate. UNDER TITLE 10, U.S.C., SECTION 624: LESLIE W. JACKSON, 0000 There being no objection, the Senate, To be major BOBBY W. JONES, 0000 RONALD P. KING, 0000 at 7:23 p.m., adjourned until Wednes- SAMUEL H. WILLIAMS, 0000 ANDREW J. KOSMOWSKI, 0000 RICHARD K. KYNION, 0000 day, February 6, 2008, at 9:30 a.m. THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR ROBERT C. LADD, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE SARAH L. LENTZKAPUA, 0000 f UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, DALE H. LEVANDOWSKI, 0000 U.S.C., SECTIONS 531 AND 3064: NOMINATIONS MICHAEL D. LEWIS, 0000 To be major KENNETH K. LINDELL, 0000 Executive nominations received by ERIC T. LUND, 0000 MICHAEL R. BROOKS, 0000 WENDY MA, 0000 the Senate: THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR CHRISTIAN R. MACEDONIA, 0000 MICHAEL S. MACHEN, 0000 DEPARTMENT OF STATE APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER MAMMEN P. MAMMEN, JR., 0000 HUGO LLORENS, OF FLORIDA, A CAREER MEMBER OF TITLE 10, U.S.C., SECTIONS 531 AND 3064: RODRIGO A. MARIANO, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- STEPHEN N. MARKS, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be major ALBERT J. MARTINS, 0000 JEFFREY P. MAWHINNEY, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JAMES E. DAVIS, 0000 TO THE REPUBLIC OF HONDURAS. GEORGE L. MAXWELL, 0000 MARIANNE MATUZIC MYLES, OF NEW YORK, A CAREER THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR GARNER P. MCKENZIE, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF APPOINTMENT TO THE GRADE INDICATED IN THE EDWARD C. MICHAUD III, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- UNITED STATES ARMY MEDICAL SPECIALIST CORPS CAROL A. MOORES, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: ERIC D. MORGAN, 0000 OF AMERICA TO THE REPUBLIC OF CAPE VERDE. FLETCHER M. MUNTER, 0000 To be lieutenant colonel KELLY A. MURRAY, 0000 DEPARTMENT OF JUSTICE JAMES M. NOLD, 0000 MICHAEL G. RYDER, 0000 KEVIN C. OCONNOR, 0000 CLYDE R. COOK, JR., OF NORTH CAROLINA, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC W. OLINS, 0000 UNITED STATES MARSHAL FOR THE EASTERN DISTRICT TO THE GRADE INDICATED IN THE UNITED STATES ARMY HOLLY L. OLSON, 0000 OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 PATRICK G. OMALLEY, 0000 VICE CHARLES R. REAVIS. AND 3064: DANIEL E. PARKS, 0000 IN THE ARMY PAUL F. PASQUINA, 0000 To be colonel KRIS A. PETERSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARVIN P. ANDERSON, 0000 RICHARD P. PETRI, JR., 0000 AS THE VICE CHIEF OF STAFF, UNITED STATES ARMY TO JAMES W. BAIK, 0000 MICHAEL L. PLACE, 0000 THE GRADE INDICATED WHILE ASSIGNED TO A POSITION JOSEPH S. COWARD, 0000 JAMES M. PTACEK, 0000 OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, DAVID FERGUSON, 0000 MARK M. REEVES, 0000 U.S.C., SECTIONS 601 AND 3034: MARK R. GLEISNER, 0000 VERONICA J. ROOKS, 0000 To be general JULIO GONZALES III, 0000 DANIEL J. SCHISSEL, 0000 ROBERT G. HALE, 0000 GUNTHER J. SHEN, 0000 LT. GEN. RAYMOND T. ODIERNO, 0000 WILLIAM HANN, 0000 ERIC E. SHUPING, 0000 DAVID B. HEMBREE, 0000 HYUN S. SIM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WALTER A. HENRY, 0000 NEIL H. SITENGA, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED JEFFREY A. HODD, 0000 DOUGLAS W. SODERDAHL, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND VALERIE E. HOLMES, 0000 JOHN J. STASINOS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AUBREY R. HOPKINS, JR., 0000 ALEXANDER STOJADINOVIC, 0000 To be general DAVID M. JEFFALONE, JR., 0000 MICHAEL J. SUNDBORG, 0000 CHRISTOPH I. LANGER, 0000 JOSEPH B. SUTCLIFFE, 0000 LT. GEN. MARTIN E. DEMPSEY, 0000 SUNG Y. LEE, 0000 DONALD L. TAILLON, 0000 RICHARD E. LYNNE, 0000 MAUREEN L. TATE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TROY MARBURGER, 0000 CHARLES L. TAYLOR, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED TIMOTHY A. MITCHENER, 0000 KENNETH TRZEPKOWSKI, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN B. MOODY, 0000 MANUEL VALENTIN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOSE E. OLAZAGASTI, 0000 DAVID P. VETTER, 0000 To be lieutenant general DIANNE PANNES, 0000 DALE L. WALDNER, 0000 GRANT A. PERRINE, 0000 CRAIG R. WEBB, 0000 MAJ. GEN. KATHLEEN M. GAINEY, 0000 ALBERT E. SCOTT, JR., 0000 PAUL W. WHITECAR, 0000 GREGORY W. SILVER, 0000 ANDREW R. WIESEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID C. SMISSON, JR., 0000 RICHARD K. WINKLE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED THOMAS S. SYMPSON, 0000 KEITH J. WROBLEWSKI, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES L. THOMPSON, 0000 VIRGINIA D. YATES, 0000 To be major general ROBERT R. THRASHER, 0000 D060387 CRAIG P. TORRES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. SCOTT G. WEST, 0000 FRANKLIN E. TUTTLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK V. VAIL, 0000 MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., IN THE MARINE CORPS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECTIONS 624 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be major IN THE UNITED STATES MARINE CORPS RESERVE TO THE MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AND 3064: NICOLAS AGUILAR, 0000

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RICHARD L. ANSCHUTZ, 0000 DOMINICK J. IVENER, 0000 ADAM L. CHENEY, 0000 NORMAN W. AYOTTE, 0000 WADE D. JACKSON, 0000 JACQUELINE A. CLEMENTS, 0000 ROGER L. BALL, 0000 RICHARD G. JARMAN III, 0000 JESSICA M. COUNTS, 0000 DAVID J. BAUDER, 0000 THOMAS A. JARRETT, 0000 SHANE A. CRASK, 0000 DANIEL J. BEQUILLARD, 0000 KENDA K. JEFFERSON, 0000 KATE M. DISNEY, 0000 JAMES H. BOONE, 0000 GEORGE M. JOHNSON, 0000 ANGELA M. DOWNS, 0000 NATHAN T. BOYKIN, 0000 NICHOLAS E. JOHNSON, 0000 ANA M. FOSTER, 0000 STEVEN L. BRIGGS, 0000 GEORGE H. KALLSTROM, 0000 JIMMIE C. FOSTER, 0000 BRIAN L. BURGEMASTER, 0000 BRADLEY D. LADD, 0000 BRAD E. FRANKLIN, 0000 RENEE E. COLE, 0000 ROBERT J. LANG, 0000 STACEY S. FREEMAN, 0000 MICHAEL J. COOTE, 0000 MELISSA R. LEE, 0000 SUSAN K. FRISBIE, 0000 COLLEEN A. DANIELS, 0000 GERALD P. LEWIS, 0000 REYES M. GARCIA, 0000 SEAN F. DELGREGO, 0000 DEIDRE B. LOCKHART, 0000 MATTHEW K. GARRISON, 0000 GEORGE J. DEVITA, 0000 DEXTER L. LOVETT, 0000 CATRACY R. GOODMAN, 0000 JULIANE L. DOUGLAS, 0000 WESLEY B. LUEG, 0000 KEVIN GORMLEY, 0000 DAVID N. FELTWELL, 0000 KEVIN J. MAHONEY, 0000 JAMES B. HACKER, 0000 DANIEL P. FISHER, 0000 TRANG N. MALONE, 0000 MARC A. HAGGE, 0000 TIMOTHY J. FLAUGHER, 0000 KURT N. MARTIN, 0000 AARON W. HILDEBRAND, 0000 BONNIE J. GARCIA, 0000 RAYMOND MCCLENEN, 0000 JOSEPH J. HOFFERT, 0000 MICHAEL P. GARRISON, 0000 RICHARD B. MCNEMEE, JR., 0000 TELESHIA L. HORTONHARGROVE, 0000 DEREK A. GEORGE, 0000 TODD L. MCNIESH, 0000 PAUL K. JENNINGS, 0000 JEFFREY P. GODWIN, 0000 PATRICK M. MCNUTT, 0000 GEORGE A. JOHNSON, 0000 JOHN S. HAUCK, 0000 DAVID M. MELTZER, 0000 DENAR D. JOYNER, 0000 DANNY H. HEIDENREICH, 0000 BRADFORD T. MEMBEL, 0000 JULIE H. JUDD, 0000 DALE L. HERD, 0000 JOHN A. MERKLEY, 0000 DEBORAH A. KAISER, 0000 DARREN L. HIGHTOWER, 0000 TRACY MICHAEL, 0000 CHARLES S. KUHENS, 0000 OWEN T. HILL, 0000 BILL D. MICHIE, JR., 0000 TERESA D. KUSTER, 0000 LISA A. HIRN, 0000 MATTHEW A. MOSER, 0000 GREGORY L. LARA, 0000 AMY L. JACKSON, 0000 JACQUELINE L. MOYER, 0000 MARKUS D. LEE, 0000 LARRY T. LONG, 0000 GARY L. MURVIN, 0000 ALLAN L. LONG, 0000 CHRISTOPHER A. LUSTER, 0000 JOEL B. NEUENSCHWANDER, 0000 ROBERT P. LONG II, 0000 TOBEN R. LYBARGER, 0000 CHRISTOPHER L. NEWELL, 0000 RANAE T. LOWE, 0000 CYNTHIA L. MCLEAN, 0000 JOHN G. NGUYEN, 0000 ALICIA A. MADORE, 0000 DONNA F. MOULTRY, 0000 DAN F. OHAMA, 0000 BERGEN C. MAHONEY, 0000 ELIZABETH E. PAINTER, 0000 BRIAN D. OLEARY, 0000 KENNEDY N. MBAJONAS, 0000 PAUL R. PATTERSON, 0000 DEREK C. OLIVER, 0000 CANDACE A. MCNEIL, 0000 GREGORY M. POLLMAN, 0000 LIZA J. ONEAL, 0000 PAUL C. MICHAEL, 0000 CHARLES D. QUICK, 0000 DENNIS J. OREILLY, 0000 KEVIN F. NICCUM, 0000 ELIZABETH A. REESE, 0000 CABRERA F. ORTIZ, 0000 MICHAEL U. NNADOZIE, 0000 DEJUANA L. RIAT, 0000 MICHAEL D. PAGOTTO, 0000 RACHEL E. PARK, 0000 CHAD M. RODARMER, 0000 ROBERT V. PARISH, 0000 JOSHUA D. PAUL, 0000 JULIE C. RYLANDER, 0000 MICHAEL D. PERKINS, 0000 LORNA D. PEAY, 0000 DANA B. SCHAFFER, 0000 ADAM J. PETERS, 0000 BARRY P. RAINWATER, 0000 PAUL J. SCHILLACI, 0000 GORDON W. POMEROY, 0000 ERNESTO A. RAYMUNDO, 0000 JOHN M. SLEVIN, 0000 TYQUESE L. PRATTCHAMBERS, 0000 MICHELLE M. RIPKA, 0000 BILL A. SOLIZ, 0000 CORY P. PRICE, 0000 THURMAN J. SAUNDERS, 0000 TROY V. VAUGHN, 0000 ROGER R. PRICE, 0000 JOELLEN M. SCHIMMELS, 0000 GORDON R. WASHINGTON, 0000 DANIEL P. RABOIN, 0000 AARON D. SEARS, 0000 BRENDA D. WHITE, 0000 JENNIFER L. RAMEY, 0000 TERESA J. SEXTON, 0000 D060541 NATHAN C. RAUCH, 0000 HOLLY L. SHENEFIEL, 0000 COLLEEN M. REICHENBERG, 0000 ANN L. SIMPSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN J. RIDDERHOFF, 0000 SCOTT W. SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBLEY S. RIGDON, 0000 JENNIFER V. SNELSON, 0000 MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- EDWIN H. RODRIGUEZROSA, 0000 BLESILDA M. SPRATLEY, 0000 TIONS 624 AND 3064: MICHAEL D. RONN, 0000 SAUNDRA C. STINEHART, 0000 To be major THOMAS M. ROUNTREE, 0000 GUY G. STLOUIS, 0000 WILLIAM H. RUDDER III, 0000 JERRY B. STOVER, 0000 DOREENE R. AGUAYO, 0000 GINNETTE RUTH, 0000 HEATHER A. SUESCUN, 0000 FELY O. ANDRADA, 0000 JOY A. SCHMALZLE, 0000 JIMMIE J. TOLVERT, 0000 CAZURRO M. ARROYO, 0000 THOMAS W. SHERBERT, 0000 CLIFFORD E. VARNER, 0000 WERNER J. BARDEN, 0000 KIMBERLEE J. SHORT, 0000 ELBA M. VILLACORTA, 0000 JASON C. BARNHILL, 0000 JEREMIAH J. SIMPSON, 0000 SARA I. VILLACORTA, 0000 RICHARD A. BARTON, JR., 0000 ANDREW G. SIMS, JR., 0000 DAVID A. VOLLBRECHT, 0000 JOHN E. BEZOU, JR., 0000 GARY D. SINCLAIR, 0000 KEVAN S. WEAVER, 0000 KYLE P. BOURQUE, 0000 DAVID C. SLOAN, 0000 GORDON F. WEST, 0000 DIXIE D. BRAY, 0000 JACOB C. SMITH, 0000 WILLIAM C. WHITACRE, 0000 JILL E. BREITBACH, 0000 KIRSTEN S. SMITH, 0000 HAROLD E. WILLIAMS, 0000 DAVID W. BRINES, 0000 JON C. SONNEMAN, 0000 JOHN T. WILSON, 0000 MATTHEW L. BROWN, 0000 KENNETH D. SPICER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. BUKOVITZ, 0000 VEASNA T. SREY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY GRAHAM T. BUNDY, 0000 JAMES G. STANLEY, 0000 VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS KEITH M. BURNETTE, 0000 HARRY M. STEWART, JR., 0000 624 AND 3064: OSCAR A. CABRERA, 0000 RODERICK R. STOUT, 0000 ETHAN P. CARTER, 0000 GEORGE THORNE, 0000 To be major ROBERT N. CARTER III, 0000 STUART D. TYNER, 0000 BRIAN CHAMPINE, 0000 JOHN A. URCIUOLI, 0000 KRISTIN E. AGRESTA, 0000 TRISHA A. COBB, 0000 MICHAEL C. VANHOVEN, 0000 ABBE D. AMES, 0000 MICHAEL M. COE, 0000 CHALTU N. WAKIJRA, 0000 NEEL I. AZIZ, 0000 TRACY A. COFFIN, 0000 BRIAN J. WALLACE, JR., 0000 JEREMY J. BEARSS, 0000 DAVID B. COWGER, 0000 MICHAEL J. WATKINS, 0000 DALE R. BEEBE, 0000 WILLIAM G. COX, JR., 0000 STACEY T. WEBB, 0000 TODD M. BELL, 0000 MATTHEW M. CURLEE, 0000 CHAN L. WEBSTER, 0000 ROBIN L. BURKE, 0000 LAURA D. DEPALMA, 0000 WILLIAM D. WHITAKER, 0000 STEPHEN E. CASSLE, 0000 CHARLES A. DITUSA, 0000 ROBIN F. WILLIAMS, 0000 TROY D. CREASON, 0000 MARY T. DORRITIE, 0000 ABDUL R. WILLIS, 0000 STEPHANIE E. FONSECA, 0000 NICOLE M. DOYLE, 0000 GREGORY C. WILSON, 0000 MICHAEL D. HANSEN, 0000 CHRISTOPHER L. DURK, 0000 MAX WU, 0000 KEVIN L. HINTON, 0000 NATHAN K. DUTMER, 0000 MATTHEW M. WYATT, 0000 PAUL J. HOLLIER, 0000 DEBORAH A. ENGERRAN, 0000 GEORGE J. ZECKLER, 0000 LUIS A. LUGOROMAN, 0000 YUN H. FAN, 0000 SALVADOR N. NASSRI, 0000 LOUIS D. FAUST, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JODI L. NICKLAS, 0000 STEFAN FERNANDEZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANGELA K. PARKER, 0000 DARRYL A. FOREST, 0000 NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MICHAEL R. POKRYFKE, 0000 NATHANAEL C. FORRESTER, 0000 3064: OLIVIA PRICE, 0000 PATTI K. RICE, 0000 PHILLIP W. FRANKS, 0000 To be major CHARLA E. GADDY, 0000 MICHELLE THOMPSON, 0000 ROBERT A. GEDDIE, 0000 ROY W. ALABRAN, 0000 IN THE MARINE CORPS DANIEL W. GERSTENFIELD, 0000 KRISTIN D. AMEGIN, 0000 JOHN D. GOETTE, JR., 0000 MARIE L. BANKS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEREMY L. GOODIN, 0000 MICHAEL W. BENTLEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- MARIO K. GOULD, 0000 SHARON M. BLAIR, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. GROOM, 0000 DANIEL A. BLAZ, 0000 To be lieutenant colonel JASON HALES, 0000 TAMEKA D. BOWSER, 0000 JAMES H. HALL, 0000 DAVID F. BOYD III, 0000 BAMIDELE J. ABOGUNRIN, 0000 DEEPA HARIPRASAD, 0000 SAMUEL A. BRACKEN, 0000 ROBERT J. ALLEN, 0000 MARK S. HAYDEN, 0000 JODI L. BREHMER, 0000 DAWN R. ALONSO, 0000 DARREN C. HICKS, 0000 JAMEY L. BROACH, 0000 OSCAR M. ALVAREZ II, 0000 CHARLOTTE L. HILDEBRAND, 0000 CRAIG S. BUDINICH, 0000 CHARLES M. ANDREWS, JR., 0000 JEFFERY S. HOGUE, 0000 BRETT G. BUEHNER, 0000 PHILIP G. ANTEKEIER, 0000 MICHELE E. HUDAK, 0000 SEAN W. BURKE, 0000 WILLIAM E. ARICK III, 0000 BARRON K. HUNG, 0000 JENNIFER R. BUTERA, 0000 KENNETH L. ASBRIDGE III, 0000 MARCUS A. HURD, 0000 DAVID A. CARTER, 0000 RHESA J. ASHBACHER, 0000

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HUGH L. ATKINSON, 0000 JOHN P. HARLOW, 0000 SCOTT E. PIERCE, 0000 WILLIAM L. BABCOCK, JR., 0000 MICHAEL J. HARMON, 0000 RAYMOND J. PLACIENTE, 0000 JAMES H. BAIN, 0000 STUART M. HARNESS, 0000 DARRELL W. PLATZ, 0000 RICHARD S. BARNES, 0000 ANDRE T. HARRELL, 0000 RICARDO T. PLAYER, 0000 JOHN B. BARRANCO, JR., 0000 JOHN D. HARRILL III, 0000 JOHN R. POLIDORO, JR., 0000 ARA E. BARTON, 0000 KEVIN C. HARRIS, 0000 FORREST C. POOLE III, 0000 GEORGE B. BEACH, 0000 CHRISTIAN D. HARSHBERGER, 0000 MICHAEL A. PURCELL, 0000 GEORGE S. BENSON, 0000 CARLTON W. HASLE, 0000 SEAN P. QUIGLEY, 0000 CHARLES T. BERRY, 0000 SEAN D. HAYES, 0000 TODD P. RAMPEY, 0000 JOHN R. BINDER III, 0000 WESLEY T. HAYES, 0000 WILLIAM P. RAYFIELD, 0000 HAYNESLY R. BLAKE, 0000 DANIEL P. HEALEY, 0000 CHARLES A. REDDEN, 0000 PETER S. BLAKE, 0000 CARL C. HENGER, 0000 MATTHEW S. REID, 0000 BRIAN R. BLALOCK, 0000 RAPHAEL HERNANDEZ, 0000 KEVIN P. REILLY, 0000 DAVID H. BOHN, 0000 JOHN B. HICKS, 0000 THOMAS J. REPETTI, SR., 0000 ANTHONY C. BOLDEN, 0000 KARL E. HILL, 0000 MATTHEW B. REUTER, 0000 DEMETRIUS J. BOLDUC, 0000 PATRICK R. HITTLE, 0000 ROBERT C. RICE, 0000 DAVID C. BORKOWSKI, 0000 MICHAEL R. HODSON, 0000 WILLIAM G. RICE IV, 0000 RICHARD T. BRADY, 0000 MITCHELL L. HOINES, 0000 CHRISTOPHER S. RICHIE, 0000 DAVID R. BRAMAN, 0000 AARON B. HOLLAND, 0000 RYAN S. RIDEOUT, 0000 PAUL B. BRICKLEY, 0000 PIERRE G. HOLLIS, 0000 MARK F. RIEDY, 0000 BRUCE L. BRIDGEWATER, 0000 EVAN N. HOLT, 0000 STEVEN ROBINSON, 0000 CHRISTOPHER S. BROWN, 0000 BRIAN M. HOWLETT, 0000 EDWARD J. RODGERS, 0000 HENRY D. BROWN, 0000 COLT J. HUBBELL, 0000 KARL C. ROHR, 0000 JOEL A. BURDETTE, 0000 MIKEL R. HUBER, 0000 ERIC J. ROPELLA, 0000 HAROLD E. BURKE, 0000 NATHAN E. HUNTINGTON, 0000 GARY D. ROTSCH, 0000 GEORGE CADWALADER, JR., 0000 CHRISTOPHER B. JACKSON, 0000 JAMES K. ROUDEBUSH, 0000 DANIEL T. CANFIELD, JR., 0000 THOMAS C. JARMAN, 0000 JEFFREY N. RULE, 0000 CURTIS W. CARLIN, 0000 DAVID K. JARVIS, 0000 BRIAN G. SANCHEZ, 0000 CLIFTON B. CARPENTER, 0000 EDWARD L. JEEP, 0000 ELEAZAR O. SANCHEZ, 0000 JAMES C. CARROLL III, 0000 JASON A. JOHNSTON, 0000 PETER K. SCHIEFELBEIN, 0000 JOHN F. CARSON, JR., 0000 CHARLES E. JONES, JR., 0000 RICHARD A. SCHILKE, 0000 CHAD M. CASEY, 0000 MICHAEL T. KAMINSKI, 0000 PAUL M. SCHIMPF, 0000 PATRICK J. CASHMAN, 0000 STEPHEN M. KAMPEN, 0000 JAMES A. SCHNELLE, 0000 GLEN B. CAULEY, 0000 KENNETH D. KARIKA, 0000 ROBERT W. SCHRODER, 0000 ADAM L. CHALKLEY, 0000 MATTHEW G. KELLY, 0000 ROBERT E. SCHUBERT, JR., 0000 BENJAMIN D. CHAPMAN, 0000 THOMAS E. KERLEY, 0000 BRIAN S. CHRISTMAS, 0000 ROBERT L. KIMBRELL II, 0000 JEFFERY SCHULMAN, 0000 ROBERT M. CLARK, 0000 PATRICK S. KIRCHNER, 0000 MICHAEL E. SCHUTTE, 0000 GREGORY J. CLARKE, 0000 BRENDAN M. KLAPAK, 0000 MICHAEL B. SCHWEIGHARDT, 0000 JOSEPH R. CLEARFIELD, 0000 JOSEPH D. KLOPPEL, 0000 DOUGLAS J. SCOTT, 0000 SCOTT B. CLIFTON, 0000 ERIK D. KOBS, 0000 KEVIN R. SCOTT, 0000 STEVEN K. COKER, 0000 WILLIAM S. KOHMUENCH, 0000 CHANDLER P. SEAGRAVES, 0000 LAWRENCE C. COLEMAN, 0000 FRANKLIN P. KOLBE, 0000 MATTHEW K. SEIPT, 0000 RAFFORD M. COLEMAN, 0000 MATTHEW J. KOLICH, 0000 JONATHAN W. SELBY, 0000 WILLIAM D. COLLIER, 0000 STEVEN J. KOTANSKY, 0000 WILLIAM D. SHANNON, 0000 FRANK P. CONWAY, 0000 KURT E. KROGER, 0000 DALE E. SHORT, 0000 SCOTT E. CONWAY, 0000 ADAM R. KUBICKI, 0000 TIMOTHY A. SILKOWSKI, 0000 CARL E. COOPER, JR., 0000 STEPHEN C. LABRECHE, 0000 TODD P. SIMMONS, 0000 SCOTT A. COOPER, 0000 EDWARD T. LANG, 0000 MICHAEL S. SIMS, 0000 JAMES R. COPPERSMITH, 0000 STUART C. LANKFORD, 0000 COLIN D. SMITH, 0000 ERIC M. CORCORAN, 0000 ERIC R. LARSON, 0000 SAMUEL H. SMITH, 0000 ELMER K. COUCH, 0000 BRUCE W. LAUGHLIN, 0000 MICHAEL J. SOBKOWSKI, JR., 0000 RYAN L. COUGHLIN, 0000 BRENT A. LAWNICZAK, 0000 ALAN W. SOLTER, 0000 STEPHEN J. CROW, 0000 WALTER S. LEE, JR., 0000 ANTHONY M. SPARAGNO, JR., 0000 JOHN W. CURRIE IV, 0000 JASON D. LEIGHTON, 0000 SEAN R. STALLARD, 0000 RUSSELL J. CURTIS, 0000 RODNEY L. LEWIS, 0000 ROBERT T. STANFORD, 0000 NICHOLAS E. DAVIS, 0000 RAUL LIANEZ, 0000 MARK J. STANTON, 0000 MICHAEL E. DEHNER, 0000 MARK A. LISTER, 0000 MICHAEL C. STARLING, 0000 GARY E. DELGADO, 0000 ERIC S. LIVINGSTON, 0000 SCOTT P. SUCKOW, 0000 WILLIAM L. DEPUE, JR., 0000 JOSHUA L. LUCK, 0000 FARRELL J. SULLIVAN, 0000 SCOTT T. DERKACH, 0000 RICHARD E. LUEHRS II, 0000 MICHAEL J. SUTHERLAND, 0000 SUNIL B. DESAI, 0000 HENRY W. LUTZ III, 0000 LELAND W. SUTTEE, 0000 GERT J. DEWET, 0000 ALISON J. MACBAIN, 0000 PATRICIO A. TAFOYA, 0000 CHARLES R. DEZAFRA III, 0000 JASON R. MADDOCKS, 0000 MICHAEL C. TAYLOR, 0000 THOMAS J. DODDS, 0000 SCOTT A. MADZIARCZYK, 0000 MONTE D. TENKLEY, 0000 EDWARD A. DONOVAN III, 0000 NATHAN C. MAKER, 0000 JOHN D. THURMAN, 0000 CRAIG R. DOTY, 0000 MICHAEL P. MANDEL, 0000 CLAY C. TIPTON, 0000 ROBERT D. DOZIER, 0000 SHAWN E. MANSFIELD, 0000 JEFFERY J. TLAPA, 0000 ANDREW J. DRAKE, 0000 RUBEN A. MARTINEZ, 0000 JOHN C. TREPKA, 0000 CURTIS V. EBITZ, JR., 0000 JOHN D. MARTINKO, 0000 JOHN S. TURNER, 0000 HAROLD B. EGGERS, 0000 KEVEN W. MATTHEWS, 0000 SCOTT E. UKEILEY, 0000 JEFFREY A. EICHHOLZ, 0000 JOSEPH E. MAYBACH, 0000 CARLOS O. URBINA, 0000 CHRISTIAN T. ELLINGER, 0000 DAVID H. MAYHAN, 0000 GABRIEL L. VALDEZ III, 0000 JAMES B. ELLIS, 0000 CLYDE D. MAYS, 0000 MICHAEL K. VANNEST, 0000 KYLE B. ELLISON, 0000 PATRICK S. MCDONIEL, 0000 STEPHEN K. VANRIPER, 0000 DOUGLAS J. ENGEL, 0000 ROGER T. MCDUFFIE, 0000 MICHAEL C. VARICAK, 0000 DAREN J. ERICKSON, 0000 KRISTA A. MCKINLEY, 0000 JOHN F. VAZQUEZ, 0000 JEFFREY R. ERTWINE, 0000 MARIA S. MCMILLEN, 0000 LUIS E. VILLALOBOS, 0000 JAMES E. ERWIN III, 0000 CHESTER L. MCMILLON, 0000 SALVATORE VISCUSO III, 0000 CHRISTOPHER R. ESCAMILLA, 0000 CHARLES F. MEGOWN, 0000 DEAN J. VRABLE, 0000 ROBERT J. FAILS, 0000 BOYD A. MILLER, 0000 RHETT J. VRANISH, 0000 PETER C. FARNUM, 0000 DANIEL E. MILLER, 0000 JASON E. WALDRON, 0000 LY T. FECTEAU, 0000 THOMAS P. MITALSKI, 0000 RICHARD E. WALKER III, 0000 FREDERICK G. FERARES, 0000 MICHAEL S. MOLLOHAN, SR., 0000 IAN S. WALLACE, 0000 GREG A. FEROLDI, 0000 MICHEL W. MONBOUQUETTE, 0000 WILLIAM M. WANDO, 0000 DOM D. FORD, 0000 MICHAEL C. MONTI, 0000 HENRY D. WEEDE, 0000 KEITH A. FORKIN, 0000 DEREK T. MONTROY, 0000 THOMAS A. WELBORN, 0000 MARTIN J. FORREST IV, 0000 KEITH F. MOORE, 0000 DONALD D. WELCH, JR., 0000 JAMES W. FOSTER, 0000 JERRY R. MORGAN, 0000 AREND G. WESTRA, 0000 MATTHEW J. FOWLER, 0000 PAUL T. MORGAN, 0000 MARTIN F. WETTERAUER III, 0000 THOMAS J. FREEL, 0000 ROBERT S. MORGAN, 0000 JEROME S. WHALEN, 0000 ROBERT A. FREELAND, 0000 DAVID C. MORRIS, 0000 ROBERT S. WHITE, 0000 LLOYD D. FREEMAN, 0000 THOMAS J. NAUGHTON, JR., 0000 STEVEN J. WHITE, 0000 ALEX K. FULFORD, 0000 BRIAN W. NEIL, 0000 ZACHARY M. WHITE, 0000 SEAN C. GALLAGHER, 0000 RICHARD F. NEITZEY, 0000 JOSEPH D. WILLIAMS, 0000 WILLIAM A. GALLARDO, 0000 CHANDLER S. NELMS, 0000 ROBERT H. WILLIS, JR., 0000 EDWARD A. GARLAND, 0000 JULIE L. NETHERCOT, 0000 JUSTIN W. WILSON, 0000 DANIEL W. GEISENHOF, 0000 JONATHAN E. NEUMAN, 0000 PETER C. WILSON, 0000 WILLIAM W. GERST, JR., 0000 JOHN M. NEVILLE, JR., 0000 DEVIN A. WINKLOSKY, 0000 ERIC M. GILLARD, 0000 ANDREW M. NIEBEL, 0000 CRAIG C. WIRTH, 0000 SCOTT A. GONDEK, 0000 EDWARD W. NOVACK, 0000 BENJAMIN Z. WOODWORTH, 0000 WENDY J. GOYETTE, 0000 MICHAEL J. ONEIL, 0000 JASON G. WOODWORTH, 0000 JEFFREY M. GRAHAM, 0000 GEORGE R. OPRIA, 0000 TROY V. WRIGHT, 0000 DAVID I. GRAVES, 0000 JOHNJOHN E. ORILLE, 0000 WILLIAM WROTEN, JR., 0000 MICHAEL T. GREENO, 0000 JOHN C. OSBORNE, JR., 0000 JAY D. WYLIE, 0000 MICHAEL D. GRICE, 0000 JOHN J. OTOOLE III, 0000 JOHN W. YARGER, 0000 JOSEPH S. GROSS, 0000 VAUGHN M. PANGELINAN, 0000 WILLIAM W. YATES, 0000 MATTHEW S. GROSZ, 0000 SCOTT A. PAYNE, 0000 DAVID J. YOST, 0000 CHRISTOPHER R. HAASE, 0000 RICHARD E. PETERSEN, 0000 DEVIN C. YOUNG, 0000 TERRY D. HAGEN, 0000 ROBERT S. PETERSON, 0000 BRIAN J. ZACHERL, 0000 WILLIAM G. HALL, 0000 RONALD J. PETERSON, 0000 PHILLIP M. ZEMAN, 0000 JON L. HALVERSON, 0000 TOLAN M. PICA, 0000 JAY K. ZOLLMANN, 0000

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL T. CABLE, 0000 WILLIAM W. ELLIOTT III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- PABLO J. CABRERA, 0000 SEAN M. ELWARD, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ANDRES H. CACERESSOLARI, 0000 ROBERT H. EMERSON, 0000 To be major AMY S. CAHOON, 0000 DAVID C. EMMEL, 0000 JOHN O. CALDWELL, 0000 JASON E. ENGSTROM, 0000 BERCH H. ABBOTT, 0000 JONATHAN L. CAMARILLO, 0000 PHILIP B. ERDIE, 0000 MICHAEL J. ACOSTA, 0000 MARK C. CAMERON, 0000 THOMAS ESPINOSA, 0000 OLUFUNMIKE F. ADEYEMI, 0000 STEPHEN T. CAMPBELL, 0000 JACOB O. EVANS, 0000 RICHARD J. ALDERSON, 0000 DUSTIN J. CANESTORP, 0000 MICHAEL C. EVANS, 0000 RORY L. ALDRIDGE, 0000 CHRISTOPHER J. CANNON, 0000 WADE E. EVANS, 0000 NORRIS J. ALEXANDER, 0000 MATTHEW P. CAPODANNO, 0000 ROY H. EZELL III, 0000 ROBERT J. ALLEN, 0000 STEPHEN J. CARL, JR., 0000 CHRISTOPHER L. FAIN, 0000 WILLIAM B. ALLEN IV, 0000 ROBERT S. CARLBORG, 0000 WADE W. FAIRBANKS, 0000 BRETT A. ALLISON, 0000 ROBERT E. CARLSON, JR., 0000 JOHN A. FALLON, 0000 JOSE E. ALMAZAN, 0000 BRODIE R. CARMICHAEL, 0000 PATRICK T. FAYE, 0000 JOSHUA D. ANDERSON, 0000 EDWARD H. CARPENTER, 0000 NATHAN L. FENELL, 0000 SETH E. ANDERSON, 0000 WALTER G. CARR, 0000 EDWARD R. FERGUS, 0000 STEVEN S. ANDREWS, 0000 SEAN P. CARROLL, 0000 DAIL T. FIELDS, 0000 ROBERT G. ANTOLINO, 0000 RICHARD A. CARY, 0000 MARCOS A. FIGUEROA, 0000 AARON P. ANTRIM, 0000 DANIEL T. CELOTTO, 0000 NEAL V. FISHER II, 0000 JEREMY D. ANZEVINO, 0000 ADRIAN R. CHAMBERS, 0000 KARIN R. FITZGERALD, 0000 MICHAEL W. ARMISTEAD, 0000 MATTHEW C. CHAMBLISS, 0000 ROBERT E. FLANNERY, 0000 STEPHANIE R. ARNDT, 0000 MELISSA D. CHESTNUT, 0000 MARY K. FLATLEY, 0000 JASON D. ARTHAUD, 0000 GEORGE O. CHRISTEL, 0000 CHAD M. FLEMING, 0000 ERNEST L. ASHLEY, 0000 DANNY S. CHUNG, 0000 JOHN T. FLEMING, 0000 DANIEL J. ATKINSON, 0000 DARIN A. CHUNG, 0000 CHRISTOPHER M. FLOOM, 0000 CHARLES T. ATWOOD, 0000 KEVIN M. CHUNN, 0000 MATTHEW D. FLOTO, 0000 PAUL D. AVELLINO, 0000 BRIAN G. CILLESSEN, 0000 SHANE R. FLOYD, 0000 DAVID W. BAAS, 0000 CHAD B. CIPPARONE, 0000 CHRIS M. FOLEY, 0000 THOMAS N. BALL, 0000 JON W. CLANTON, JR., 0000 THEODORE J. FOLSOME, 0000 GEORGE A. BANCROFT II, 0000 ERICK T. CLARK, 0000 GERARD V. FONTENOT, 0000 JOHN C. BANTON, 0000 SAM A. CLARK, 0000 JIMMY C. FORBES, 0000 JAMES T. BARDO, 0000 CRAIG M. CLARKSON II, 0000 STEPHEN K. FORD, 0000 TYRRELL L. BARGER, 0000 THOMAS J. CLEAVER, 0000 DIONNE V. FOSTER, 0000 JEFFERY D. BARKER, 0000 ROBERT T. CLEMENS, 0000 WENDELL E. FOSTER, JR., 0000 STEFAN R. BARR, 0000 WILLIAM G. CLESTER, 0000 HARRY L. FOWLER III, 0000 RAYMOND J. BARRIOS, JR., 0000 JEFFREY S. CLOUD, 0000 ANTHONY A. FRANK, 0000 GENE D. BARTON, 0000 CHRISTOPHER M. COBLE, 0000 HENRY J. FRANK, 0000 GREGORY S. BATTAGLIA, 0000 KIMBERLY L. COLEY, 0000 JASON S. FREEBY, 0000 JEFFREY D. BAUER, 0000 RIGOBERTO G. COLON, 0000 STEVEN J. FREESE, 0000 GEOFFREY H. BAUM, 0000 LOUIS COLTER III, 0000 CHAD R. FRENCH, 0000 JOHN S. BAXTER, 0000 RYAN B. COLVERT, 0000 CHARLES W. FRETWELL, 0000 BENJAMIN A. BEARD, 0000 STEPHEN J. CONLEY, 0000 SHAYNE M. FREY, 0000 JEREMY W. BEAVEN, 0000 MICHAEL B. CONNALLY, JR., 0000 LEROY K. FRIESEN, 0000 RUSSELL W. BECKER, 0000 CRAIG C. CONNELL II, 0000 KELLY FRUSHOUR, 0000 MICHAEL A. BECKHART, 0000 DOUGLAS A. COOK, 0000 NATHAN H. FRYE, 0000 PAUL G. BEEMAN, 0000 TIMOTHY J. COOPER, 0000 STUART J. FUGLER, 0000 MELANIE R. BELLCARTER, 0000 BILLY R. CORNELL, 0000 MICHAEL G. GAFFNEY, JR., 0000 DAVID J. BENNETT, 0000 JAHOSAME COTTO, 0000 DANIEL J. GASKELL, 0000 JEFFREY P. BENTZ, 0000 CLAYTON A. CRAIG, 0000 TODD C. GATES, 0000 DANIEL L. BERZACK, 0000 JOSEPH W. CRANDALL, 0000 MICHAEL A. GAVIN, 0000 GREGORY S. BIAGI, 0000 ROBERT J. CRAWFORD, JR., 0000 GREIG T. GEHMAN, 0000 EDWARD M. BIEL, 0000 CHRISTOPHER F. CRIM, 0000 STEPHEN A. GENTILE, 0000 JAMES S. BIRGL, 0000 ALEX M. CROSS, 0000 JOHN M. GIANNELLA, 0000 JOHN W. BLACK, 0000 CLINTON M. CROSSER, 0000 JOHN C. GIANOPOULOS, 0000 MATTHEW R. BLACK, 0000 MELISSA L. CROSSON, 0000 ANTHONY E. GIARDINO, 0000 MICHAEL G. BLACKFORD, 0000 DEREK M. CROUSORE, 0000 JAMES R. GIBSON, 0000 LIONEL B. BLACKMAN, 0000 JASON S. CRUMBACHER, 0000 BRYANT O. GILCHRIST, 0000 STEPHEN W. BLACKMARR, 0000 BERT W. CRUZ, 0000 CHAD M. GINDER, 0000 CINDIEMARI BLAIR, 0000 URBANO CRUZ, 0000 KENNETH K. GOEDECKE, 0000 PAUL J. BLAIR, 0000 ZACHARY P. CURRY, 0000 PAUL J. GOGUEN, 0000 MICHAEL D. BLAKEMORE, 0000 JONATHAN E. CURTIS, 0000 CARLOS V. GOMEZ, 0000 CHRISTOPHER G. BLALOCK, 0000 RICHARD J. CUSHING, 0000 ANTHONY R. GOODE, 0000 JAMES A. BLANFORD, 0000 MATTHEW J. CUTLER, 0000 RONNIE L. GOODE II, 0000 CHARLES J. BLUME, 0000 PETER E. DAHL, 0000 GREGORY P. GORDON, 0000 MARK D. BLYDENBURGH, 0000 LANCE C. DAVIS, 0000 LUTHER A. GOVE, 0000 HUNTLEY J. BODDEN, 0000 PATRICK B. DAVIS, 0000 ERNEST GOVEA, 0000 CHRISTOPHER J. BOESE, 0000 RODNEY J. DEAN II, 0000 RICHARD E. GRAHAM III, 0000 JASON J. BOGDEN, 0000 DAVID K. DECARION, 0000 WILLIAM A. GRANT III, 0000 PHILLIP R. BONINCONTRI, 0000 JEFFREY S. DECKER, 0000 LAWRENCE B. GREEN II, 0000 JASON A. BOROVIES, 0000 RICHARD C. DEGUZMAN, 0000 ROBERT B. GREEN, 0000 MARK D. BORTNEM, 0000 MICHAEL P. DELPALAZZO, 0000 BRIAN D. GREENE, 0000 BRADFORD L. BOTANES, 0000 JEREMY S. DEMOTT, 0000 BRYAN A. GREY, 0000 TRENT L. BOTTIN, 0000 JEREMY D. DEMPSEY, 0000 JENNIFER L. GRIEVES, 0000 JOHN C. BOWES, 0000 PAUL J. DETAR, 0000 ERIC L. GRIGGS, 0000 RYAN F. BOYLE, 0000 MICHAEL A. DETTORE, 0000 KEVIN S. GRINDEL, 0000 JAMES H. BRADY, 0000 JEREMY G. DEVEAU, 0000 ADAM T. GROSS, 0000 MICHAEL A. BRAGG, 0000 RAVI S. DHARNIDHARKA, 0000 CHRISTOPHER L. GRUBB, 0000 STEVEN R. BRAND, 0000 FRANCIS S. DIAZ, 0000 STEPHEN S. GRUBBS, 0000 MICHAEL P. BRENNAN, 0000 LAWRENCE S. DIBBLE, 0000 STEPHEN F. GRUSENMEYER, 0000 VINCENT H. BRIDGEMAN, 0000 JOHN M. DIETZ, 0000 SHAWN P. GRZYBOWSKI, 0000 LEONEL O. BRITO, JR., 0000 ROBERT F. DINERO, 0000 MIGUEL A. GUERRA, 0000 TRAVIS K. BRITTAIN, 0000 ANDREW C. DIRKES, 0000 ANTHONY J. GUESSJOHNSON, 0000 JEFFREY S. BROCKMEIER, 0000 KYLE H. DITTO, 0000 JOHNNY GUTIERREZ, 0000 JEREMY D. BROCKMEIER, 0000 JOHN D. DIXON, 0000 ADAM M. GUTSHALL, 0000 MARK J. BROEKHUIZEN, 0000 VINCENT K. DIXON, 0000 JASON S. GUTTENBERG, 0000 GARY D. BROOKS, 0000 JACKSON T. DOAN, 0000 DOUGLAS W. GWINN, 0000 IAN P. BROOKS, 0000 SHAUN W. DOHENEY, 0000 CHRISTOPHER M. HAAR, 0000 CHRISTOPHER P. BROWN, 0000 KENNETH P. DOLAN, 0000 MICHAEL J. HABBA, 0000 JEFFREY D. BROWN, 0000 ERIC P. DOMINIJANNI, 0000 TROY A. HADSALL, 0000 MARK C. BROWN, 0000 KIMBERLY A. DONAHUE, 0000 JOHN W. HALL, 0000 MARVEN W. BROWN, 0000 JASON E. DONOVAN, 0000 KEVIN J. HALPIN, 0000 MATTHEW A. BROWN, 0000 TIMOTHY P. DORAN, 0000 JONATHAN B. HAMILTON, 0000 WILLIAM P. BROWN, JR., 0000 LISA M. DORING, 0000 DARRYL G. HAMMONDS, 0000 THOMAS A. BROWNE, JR., 0000 JAMES S. DORLON, 0000 DONALD W. HARLOW, 0000 VINTON C. BRUTON IV, 0000 AARON M. DOTY, 0000 DOMINIC J. HARRIS, 0000 JEFFREY H. BUFFA, 0000 HAROLD E. DOWLING, JR., 0000 FRANCIS G. HARRIS, 0000 TATE A. BUNTZ, 0000 KATHARINE M. DOYLE, 0000 RYAN J. HART, 0000 JONATHAN P. BURGESS, 0000 OLIVER B. DREGER, 0000 BRIAN M. HARVEY, 0000 ANTHONY W. BURGOS, 0000 DANIEL J. DROSTE, 0000 WILLIAM T. HARVEY, 0000 MARCO A. BURGOS, 0000 JARED R. DUFF, 0000 DOUGLAS C. HATCH, 0000 JOSEPH P. BURKE, 0000 JAYSON L. DURDEN, 0000 JOHN F. HAVENER III, 0000 BRENDAN C. BURKS, 0000 NATHAN DYE, 0000 KENNETH V. HAWKINS, 0000 WENDY A. BURRELL, 0000 SEAN P. DYNAN, 0000 JAMES C. HAYNIE, 0000 ROBERT L. BURTON, 0000 JAMES W. EAGAN III, 0000 MICHAEL S. HAYS, JR., 0000 KIRK J. BUSH, 0000 LAUREN S. EDWARDS, 0000 JASON A. HAYUNGS, 0000 LEROY B. BUTLER, 0000 RANDOLPH EDWARDS, 0000 TYLER W. HEAD, 0000 MICHAEL D. BUTLER, 0000 JASON D. EGAN, 0000 THEODORE M. HEADLEY, 0000 TRAVIS L. BUTTS, 0000 DAVID I. EICKENHORST, 0000 GRANT R. HEINRICHS, 0000 PATRICK B. BYRNE, 0000 CASEY D. ELAM, 0000 MICHAEL F. HELT, 0000 DOMINICK J. BYRNES, 0000 THOMAS E. ELDERS, 0000 MARTIN L. HEMBREE, 0000 DUSTIN J. BYRUM, 0000 PATRICK F. ELDRIDGE, 0000 DANIEL C. HENCH, 0000

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JOHN K. HENDERSON, 0000 JAMES R. LENARD, 0000 JENNIFER A. NASH, 0000 TERRANCE P. HENRY, 0000 BARTOSZ M. LESNIEWICZ, 0000 PATRICK J. NASH, 0000 BENJAMIN R. HERNANDEZ, JR., 0000 JAMES A. LESTER, 0000 WILLIAM H. NASH, 0000 DONALD J. HEROD, 0000 RICHARD P. LETELLIER, 0000 JUAN M. NAVARRO, 0000 PETER G. HERRMANN, 0000 ADAM LEVINE, 0000 OSCAR D. NELSON, JR., 0000 JOHN S. HERWICK III, 0000 MARTIN R. LEWIS, 0000 PATRICK NELSON, 0000 CORNELIUS D. HICKEY, 0000 BRYAN D. LIESKE, 0000 RORY L. NICHOLS, 0000 DAMON B. HICKEY, 0000 DANIEL E. LINDBLOM, 0000 JOHNATHAN A. NORRIS, 0000 JAMES F. HICKEY, JR., 0000 PATRICK S. LINDSTROM, 0000 RONALD E. NORRIS, JR., 0000 CHARLES W. HILL, 0000 KEVIN A. LIPSKI, 0000 DAVID K. NORTON, 0000 DANIEL R. HILL, 0000 MICHAEL A. LITTLE, 0000 JOSEPH C. NOVARIO, 0000 NATHAN J. HILL, 0000 MICHAEL P. LIVINGSTON, 0000 OWEN J. NUCCI, 0000 PAUL J. HILLIARD, 0000 JOSEPH M. LIZARRAGA, 0000 KEITH G. NUNN, 0000 EDMUND B. HIPP, 0000 RONALD L. LOBATO, 0000 TIMOTHY N. NUTTER, 0000 WYNN D. HODGINS, 0000 EDWARD A. LOFLAND, 0000 ALPHONSO D. OATES II, 0000 JAMES T. HOFFMANN, 0000 ANTHONY W. LOIGNON, 0000 DAVID M. OBRIEN, 0000 JONATHAN C. HOLDER, 0000 KEVIN J. LOLLMANN, 0000 MICHAEL E. OGDEN, 0000 TODD C. HOLLAND, 0000 TROY T. LOWE, 0000 MICHAEL P. OHLEGER, JR., 0000 CHRISTOPHER M. HOLLOWAY, 0000 CHRISTOPHER R. LUCAS, 0000 CHARLES S. ONEILL, 0000 RANDALL L. HORNER, 0000 GREGORY A. LUSK, 0000 ROGELIO S. OREGON, 0000 ROBERT D. HORNICK, 0000 CHRISTOPHER D. LUTHER, 0000 PAUL J. OVALLE, 0000 MATTHEW S. HORNSBY, 0000 ROBERT P. LYNCH, 0000 JULIAN M. OWEN, 0000 TIMOTHY F. HOUGH, 0000 STEAN W. MAAS, 0000 RICHARD W. OWEN III, 0000 JOHN H. HOUSAND, JR., 0000 JOHN R. MACFARLANE IV, 0000 TOMOMI J. OWENS, 0000 PETER D. HOUTZ, 0000 ALASDAIR B. MACKAY, 0000 WILLIAM C. PACATTE, 0000 ERIK P. HOVEY, 0000 TODD E. MAHAR, 0000 GREGORY B. PACE, 0000 CARRIE M. HOWE, 0000 MARCUS J. MAINZ, 0000 DAVID L. PADILLA, 0000 STUART H. HOWELL, 0000 WILLIAM G. MANGUS III, 0000 DAVID C. PALM, 0000 CHAD M. HUBBARD, 0000 DAVID L. MANKA, 0000 MATTHEW P. PALMISCIANO, 0000 JEFFREY A. HUBLEY, 0000 MELANIE J. MANN, 0000 MELISSA D. PALMISCIANO, 0000 DAVID M. HUDOCK, 0000 PATRICK G. MANSON, 0000 BRYANT J. PATER, 0000 DONALD A. HUDSON, 0000 NICHOLAS A. MARCIANO, 0000 KATRINA D. PATILLO, 0000 SCOTT A. HUESING, 0000 OSCAR MARIN, JR., 0000 BRYAN H. PATON, 0000 PATRICK E. HUGHES, 0000 JENNIFER L. MARINO, 0000 EARL H. PATTERSON V, 0000 MATTHEW G. HUMPHREY, 0000 SCOTT I. MARKER, 0000 GREGORY J. PAWSON, 0000 BRIAN E. HUTCHERSON, 0000 JOHN A. MARKSBURY, 0000 DAVID N. PAYNE, 0000 ROBERTO L. IBARRA, 0000 WILLIAM W. MARLOWE, 0000 JACK D. PEARCE, 0000 IVAN F. INGRAHAM, 0000 NOAH G. MARQUARDT, 0000 JOHN L. PEARSON, 0000 ANDRE M. INGRAM, 0000 HARRY S. MARSHALL, JR., 0000 CHRISTOPHER W. PEHRSON, 0000 RAQUEL M. INMAN, 0000 MERIDITH L. MARSHALL, 0000 CARRIE M. PENDROY, 0000 JOSEPH R. JACKSON, 0000 MELISSA MARTIN, 0000 JASON L. PERCY, 0000 KHIEEM JACKSON, 0000 RICHARD C. MARTIN, JR., 0000 JOSE A. PEREZ, 0000 GALEN T. JAMES, 0000 RICHARD M. MARTIN, 0000 TRACY A. PERRY, 0000 JOHN J. JAMES, 0000 ALBERTO MARTINEZDIAZ, 0000 SOULYNAMMA D. PHARATHIKOUNE, 0000 HEATH B. JAMESON, 0000 DENNIS J. MARTINO, 0000 MICHAEL C. PHERSON, 0000 JAMES L. JANAY, 0000 NICHOLAS A. MARTZ, 0000 STEVEN A. PHILIPP, 0000 CHRISTOPHER L. JANECEK, 0000 NATHAN S. MARVEL, 0000 KYLE G. PHILLIPS, 0000 RYAN P. JANOSEK, 0000 MICHAEL F. MASTRIA, 0000 MARIANELA G. PICKETT, 0000 DANIEL R. JARL, 0000 PAUL M. MATTEAR, 0000 JOSHUA M. PIECZONKA, 0000 JAMES D. JARVIS, 0000 ROGER E. MATTIOLI, 0000 ERIC J. PIPER, 0000 JEREMY E. JEFFREY, 0000 JEFFREY S. MATTOON, 0000 STEPHEN M. PIRROTTA, 0000 JOSEPH M. JENNINGS, 0000 PERRY D. MAURER, JR., 0000 ADAM W. PITNEY, 0000 ADAM L. JEPPE, 0000 TIMOTHY R. MAYER, 0000 BOLIVAR P. PLUAS, 0000 GREG R. JOHNSON, 0000 DANIEL C. MAZE, 0000 DONALD H. PORTER III, 0000 GREGORY W. JOHNSON, 0000 RYAN P. MCAFEE, 0000 ANTHONY E. PREBE, 0000 LEE A. JOHNSON, 0000 BRIAN W. MCBRAYER, 0000 JOHN P. PRICE, 0000 ROBERT D. JOHNSON, 0000 ZACHARY A. MCCARLEY, 0000 SHANE A. PRICE, 0000 DAVID L. JONES, 0000 MARK D. MCCARROLL, 0000 RYAN T. PRINCE, 0000 JOHNNIE D. JONES, JR., 0000 TODD D. MCCARTHY, 0000 DONALD J. PRITCHARD, 0000 QUINTIN D. JONES, 0000 RYAN R. MCCASKILL, 0000 JAMES S. PRYOR, 0000 RANDALL K. JONES, 0000 REGINALD J. MCCLAM, 0000 DONN E. PUCA, 0000 REX G. JONES, JR., 0000 BRENT H. MCCLELLAN, 0000 TROY M. PUGH, 0000 JOEL D. JOWERS, 0000 STEPHEN N. MCCLUNE, 0000 BRENT C. PURCELL, 0000 SEAN P. JOYCE, 0000 DONALD M. MCCOWAN, 0000 ERIC D. PURCELL, 0000 BRIAN M. KACZOROWSKI, 0000 WILLIAM A. MCFARLAND, 0000 ANDREW J. PUSHART, 0000 ALLEN A. KAGEN, 0000 JON P. MCFAUL, 0000 BRADLEY A. RAKOV, 0000 JOSEPH A. KATZ, 0000 THOMAS B. MCGEE, 0000 ALAN L. RAMSEY, 0000 DOV KAWAMOTO, 0000 BRETT T. MCGINLEY, 0000 GARRETT V. RANDEL III, 0000 JAMES T. KAY, 0000 BRETT W. MCGREGOR, 0000 GARRICK D. RARD, 0000 HENRY H. KAYSER, 0000 AARON P. MCGREW, 0000 KRAIG M. RAUEN, 0000 MARTIN P. KAZANJIAN, 0000 ERIN K. MCHALE, 0000 CHRISTOPHER P. RAY, 0000 ERIC J. KECK, 0000 JASON A. MCHUEN, 0000 JOSEPH W. RAY, 0000 JONATHAN R. KEHR, 0000 PHILIP G. MCKENZIE, 0000 CHARLES C. READINGER, 0000 JAMES D. KEITH, 0000 NOWELL C. MCKNIGHT, 0000 TIMOTHY J. REAZOR, 0000 CHRISTIAN M. KELLEY, 0000 BRIAN D. MCLEAN, 0000 SCOTTIE S. REDDEN, 0000 MICHAEL P. KELLEY, 0000 PATRICK M. MCMAHON, 0000 CARL B. REDDING, JR., 0000 GHYNO G. KELLMAN, 0000 WINSTON G. MCMILLAN, 0000 THEODORE T. REDDINGER, 0000 AMY A. KELLSTRAND, 0000 ANTHONY F. MCNAIR, 0000 RONALD E. REED, 0000 SCOTT J. KELLY, 0000 JOHN P. MCSHANE, 0000 SCOTT M. REED, 0000 ANTHONY A. KERCH, 0000 JIM A. MCSHEA, 0000 JASON A. REHM, 0000 MATTHEW J. KESSLER, 0000 RUGSITHI D. MEELARP, 0000 GEORGE F. RENIERS, 0000 JAMES A. KIDD, 0000 BRUCE J. MELVILLE, 0000 JAVIER A. REYES, 0000 JOSHUA M. KIIHNE, 0000 ALBERT R. MENDOZA, JR., 0000 MARCUS J. REYNOLDS, 0000 TRAVIS M. KING, 0000 JOSE D. MENJIVAR, 0000 JAMES J. RICHARDS, 0000 STEPHEN A. KINTZLEY, 0000 ROBERT K. MERHIGE II, 0000 EARL O. RICHARDSON, 0000 BENJAMIN K. KIRBY, 0000 MATTHEW J. MERRILL, 0000 JONATHAN L. RIGGS, 0000 WILLIAM C. KIRBY, 0000 CHRISTOPHER M. MESSINEO, 0000 JOSEPH P. RILEY, 0000 ANDREW T. KIRKPATRICK, 0000 CHRISTOPHER J. MEYER, 0000 MATTHEW T. RING, 0000 CHRISTOPHER R. KNARR, 0000 WILLIAM D. MIDGETT, 0000 GREGORY J. RIVALDI, 0000 HYONSU KO, 0000 ANDREW J. MILLER, 0000 JUAN A. RIVERA, 0000 CHARLES J. KOCH, 0000 DOUGLAS R. MILLER, 0000 DONALD L. ROBBINS III, 0000 JAMES M. KOEHLER, 0000 KATHRYN I. MILLER, 0000 ANTHONY M. ROBERTS, 0000 CHRISTOPHER R. KOTLINSKI, 0000 WILLIAM B. MILLETT III, 0000 JAMES M. ROBINSON, 0000 NATHAN S. KRICK, 0000 ANTHONY R. MITCHELL II, 0000 ADAN R. RODRIGUEZ, 0000 ANTHONY G. KROCKEL, 0000 EDWARD C. MITCHELL, 0000 FRANCISCO RODRIGUEZ, 0000 KEVIN K. KUGINSKIE, 0000 RICHARD C. MITCHELL, 0000 JUAN C. RODRIGUEZ, 0000 TIMOTHY A. KULL, 0000 JASON A. MITZEL, 0000 DAVID T. ROEN II, 0000 MICHAEL F. KUTSOR, 0000 JOSEPH A. MLAKAR, 0000 BRIAN A. ROLF, 0000 DAVID W. LABALLE II, 0000 JOHN A. MODER, 0000 CLYMOUTH S. ROOS, 0000 ERIC H. LADSON, 0000 SUNNY M. MONTAS, 0000 KEVIN R. ROOT, 0000 DAVID D. LANCASTER, 0000 CHAD E. MONTGOMERY, 0000 CHARLES E. ROUNDS III, 0000 JEFFREY A. LANDIS, 0000 DERWIN L. MOODY, 0000 WILLIAM M. ROWLEY, 0000 WACO LANE, 0000 STEVIE T. MOORE, 0000 VICTOR M. RUBLE, 0000 JASON C. LANG, 0000 JASON D. MORGAN, 0000 JASON M. RUEDI, 0000 JAY A. LAPPE, 0000 RYAN M. MORNING, 0000 JUSTIN L. RUIZ, 0000 DAVID J. LAUGHLIN, 0000 PHILLIP W. MORRIS, 0000 DEVIN A. RULLMAN, 0000 RICHARD J. LAVIOLLETTE, 0000 GREGORY D. MORRISON, 0000 RICHARD M. RUSNOK, 0000 ERIC J. LAZALDE, 0000 EDDIE MOSS, JR., 0000 SAMUEL P. RUSSELL, 0000 RYAN C. LEAMAN, 0000 JESSICA J. MULLEN, 0000 BRYAN A. RUTH, 0000 LOUIS B. LECHER, 0000 MICHAEL P. MURPHY, 0000 ROBERT P. RUTTER IV, 0000 BRADLEY M. LEDBETTER, 0000 MICHAEL G. MURRAY II, 0000 MATTHEW W. RYAN, 0000 CHRISTOPHER D. LEGERE, 0000 JASON R. MURTHA, 0000 SHEREL L. RYAN, 0000

VerDate Sep 11 2014 13:22 Aug 31, 2017 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S05FE8.REC S05FE8 ejoyner on DSK30MW082PROD with BOUND RECORD 1380 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 1 February 5, 2008

JONATHAN Y. SABADO, 0000 SPENCER M. SPEER, 0000 CLINTON J. WEBER, 0000 JEREMIAH SALAME, 0000 CHARLES S. SPRIETSMA, 0000 MICHAEL B. WEBER, 0000 ARMANDO SALINAS, 0000 MAX STAPP, JR., 0000 WILLIAM D. WEBER, 0000 MICHAEL L. SALISBURY, 0000 GIUSEPPE A. STAVALE, 0000 LEE M. WEINER, 0000 DANE A. SALM, 0000 CHRISTOPHER T. STEELE, 0000 ROBERT J. WEINGART, 0000 MUSA A. SAMAD, 0000 IAN D. STEVENS, 0000 OLGIERD J. WEISS III, 0000 BRADLEY J. SAMS, 0000 MARK N. STEWART, 0000 LAWRENCE H. WENTZELL, 0000 DANIEL J. SANCHEZ, JR., 0000 MATTHEW J. STEWART, 0000 CHRISTOPHER M. WESTHOFF, 0000 JOHN N. SAND, 0000 JARED K. STONE, 0000 DAVID E. WESTIN, 0000 BENJAMIN D. SANDERS, 0000 JAMES R. STOVER, 0000 LLOYD H. WHITE, JR., 0000 BRADLEY G. SANDERS, 0000 BRIAN L. STRACK, 0000 TAYLOR P. WHITE, 0000 JUSTIN G. SANTARIGA, 0000 DANIEL A. STRELKAUSKAS, 0000 MICHAEL J. WIERSON, 0000 ALPHONSO D. SAVAGE, 0000 JEFFREY R. STROHMAIER, 0000 GARY W. WILDS, 0000 GLENN D. SAVAGE, 0000 NATHANIEL B. STUSSE, 0000 DAVID A. WILEMON, 0000 JEREMY N. SAVAGE, 0000 GREGORY J. SUMMA, 0000 WALTER A. WILKIE, 0000 CRAIG E. SCHAFFNER, 0000 STEVEN M. SUTEY, 0000 SCOTT E. WILLETTE, 0000 ERIC X. SCHANER, 0000 DAVID C. SZWED, 0000 BRUCE K. WILLIAMS III, 0000 JOEL I. SCHARLAT, 0000 JAMES S. TANIS, 0000 DERICK C. WILLIAMS, 0000 JASON A. SCHEWE, 0000 JAMES R. TAYLOR, 0000 MARLIN D. WILLIAMS, 0000 MARK T. SCHNAKENBERG, 0000 KEITH W. TAYLOR, 0000 SHAWN E. WILLIAMS, 0000 JONATHAN L. SCHNEIDER, 0000 MICHAEL R. TAYLOR, 0000 VAUGHN R. WILLIAMS, 0000 DANIEL W. SCHNICK, 0000 PAUL C. TEACHEY, 0000 CHRISTOPHER D. WILLS, 0000 PETER L. SCHNURR, 0000 JOSE M. TEE, 0000 CHRISTOPHER M. WILSEY, 0000 JESSE C. SCHOSSOW, 0000 JEFFREY B. TENNEN, 0000 ANDREW S. WILSON, 0000 MATTHEW T. SCHRAMM, 0000 KOHTARO TERAHIRA, 0000 BENJAMIN F. WILSON IV, 0000 DAVID A. SCHREINER, 0000 TIMOTHY M. THEERMAN, 0000 LAWRENCE E. WILSON II, 0000 TOD A. SCHROEDER, 0000 HARRY F. THOMAS, JR., 0000 PRESCOTT N. WILSON, 0000 ALAN L. SCHULLER, 0000 ROBERT B. THOMAS, 0000 SEAN M. WILSON, 0000 STEVEN E. SCHULTZE, 0000 GARY D. THOMPSON, 0000 DANIEL R. WINKELER, 0000 RYAN E. SCOTT, 0000 JEREMY W. THOMPSON, 0000 JASON M. WINTERMUTE, 0000 CHAD W. SEAGREN, 0000 RICHARD J. THOMPSON, 0000 JEREMY S. WINTERS, 0000 BRAD R. SEAVER, 0000 SUZAN F. THOMPSON, 0000 JEFFREY P. WITHERELL, 0000 DOUGLAS A. SEICH, 0000 DUSTIN R. THORN, 0000 SETH WOLCOTT, 0000 JAMES R. SEMMENS, 0000 DOUGLAS M. THUMM, 0000 HOWARD H. WOLFE III, 0000 RAYMOND Z. SERVANO III, 0000 JAYSON M. TIGER, 0000 RYAN E. SHADLE, 0000 CHRISTOPHER B. TIMOTHY, 0000 BARIAN A. WOODWARD, 0000 CASEY D. SHEA, 0000 KARL TINSON, 0000 GARNETT H. WOODY, 0000 SHANNON M. SHEA, 0000 CHRISTOPHER D. TOLLIVER, 0000 DAVID J. WRIGHT, 0000 JUDE C. SHELL, 0000 JASON C. TORBENSEN, 0000 JIAN XU, 0000 TEDD R. SHIMP, 0000 BYRON J. TORKE, 0000 FLOY A. YATES, JR., 0000 SCOTT M. SHUSTER, 0000 RODNEY L. TOWERY, 0000 TAMMIE S. YEATS, 0000 THOMAS N. SIBLEY, 0000 WYETH M. TOWLE, 0000 TODD E. YEATS, 0000 JEREMY W. SIEGEL, 0000 SARAH E. TRAGORD, 0000 LEE A. YORK, 0000 JEFFERY A. SIERPIEN, 0000 DENNIS C. TROGUS, 0000 JOSEPH L. YOSKOVICH, 0000 CHRISTOPHER D. SILER, 0000 BRAD E. TROXEL, 0000 ALAN T. YOUNG, 0000 EDWARD J. SILVA, 0000 NGUYEN K. TSAN, 0000 DARON A. YOUNGBERG, 0000 SCOTT P. SILVIA, 0000 JASON K. TUBBS, 0000 MARK W. ZANOLLI, 0000 DEWAYNE SIMMONS, 0000 TADD J. TURCZYN, 0000 ROYCE D. ZANT III, 0000 JONATHAN N. SIMS, 0000 JAMES D. TURNER III, 0000 TIMOTHY R. ZELEK, 0000 CARL E. SITHER, 0000 MICHAEL W. TYRA, 0000 SEAN P. ZICKERT, 0000 JESSE L. SJOBERG, 0000 CESAR A. UNZUETA, 0000 BRIAN M. ZIEGLER, 0000 MICHAEL J. SKINKLE, 0000 THEODORE F. VANBRUNT, 0000 MARK D. ZIMMER, 0000 JOHN P. SKUTCH, 0000 JONATHAN H. VAUGHN, 0000 DANIEL T. SMITH, 0000 LUIS VAZQUEZ, 0000 IN THE NAVY ERIK J. SMITH, 0000 JAVIER E. VEGA, 0000 JASON R. SMITH, 0000 LARRY W. VINES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN R. SMITH, 0000 KRISTIAN A. VONHEIMBURG, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSHUA M. SMITH, 0000 JAMIE L. WAGNER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL S. SMITH, 0000 JONATHAN C. WAITE, 0000 MONTI S. SMITH, 0000 KENNETH R. WALDEN, 0000 To be commander WILLIAM F. SMITH, JR., 0000 GILES D. WALGER, 0000 RODERICK A. BACHO, 0000 THOMAS D. SMOLENSKI, 0000 CURTIS L. WALKER, 0000 STEVEN C. SNEE, 0000 DAVID W. WALKER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEREK M. SNELL, 0000 BRADLEY W. WARD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL H. SNYDER, 0000 RYAN B. WARD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SHARIF A. SOKKARY, 0000 KEITH P. WARREN, 0000 PAUL A. SOTOMAYOR, 0000 PERRY D. WATERS, 0000 To be lieutenant commander NOAH M. SPATARO, 0000 TIMOTHY J. WATKINS, 0000 MICHAEL A. SPEARS, 0000 TERRANCE D. WATSON, 0000 KELLY R. MIDDLETON, 0000

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