April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8723 SENATE—Thursday, April 12, 2007

The Senate met at 9:30 a.m. and was SCHEDULE you-go budget that cut taxes for work- called to order by the Honorable BEN- Mr. REID. Mr. President, this morn- ing people and invested more in edu- JAMIN L. CARDIN, a Senator from the ing there will be a period of 60 minutes cation, veterans, and health care. And State of Maryland. for morning business. The majority I might say that as a result of Senator will control the first 30 minutes and JOHNSON being incapacitated for the PRAYER the Republicans the second 30 minutes. next few weeks, we were able to pass The Chaplain, Dr. Barry C. Black, of- Following morning business, the Sen- that budget even though the margin fered the following prayer: ate will resume the motion to proceed here was 50 to 49. We had two brave Re- Let us pray. to S. 372, the Intelligence authorization publicans to join with us on this very Lord of humanity, forgive our foolish bill, and vote soon thereafter on a mo- sound budget, which we appreciate ways. We have tried to enjoy freedom tion to invoke cloture on the motion to very much—Senators SNOWE and COL- without duty and have attempted to proceed. I have been advised that the LINS—and it was done even though in the past the Republicans couldn’t pass receive forgiveness without true re- chairman of the Intelligence Com- the budget with a much larger major- pentance. Forgive us. We have received mittee, Senator ROCKEFELLER, will be ity than we have. without gratitude and without giving on the floor and will speak prior to the Yesterday, we passed legislation of- in return. Forgive us. We have sought vote. fering the promise of stem cell re- Later today, I will have more to say for victory without wisdom or sac- search in a responsible, ethical way, about the schedule for the remainder of rifice. Show us the folly of our ways. with 66 votes—or actually 63, but three Transform our contrition into exem- this week. A lot will depend on what Democratic Senators were unable to be plary living for Your glory. happens in the motion to proceed on here. They would have voted for that. Today, bless our Senators as they the Intelligence bill. So 66—1 short of being able to override labor for You and country. Create in f the promised veto of the President. I them hearts fit to be filled with Your FIRST 100 DAYS think it is very possible we will get presence and minds ready to think Mr. REID. Mr. President, last No- this bill, and it will be the first to over- Your thoughts. Go before them to show ride the President’s veto. I think we the way. vember, the call for change in Wash- ington rang out from coast to coast. can do that. There must be another Re- We pray in Your merciful Name. publican who will step forward, in a The Presiding Officer was one of the re- Amen. profile in courage, and vote with us and sults of that historic vote on November f give hope to millions of Americans. 7, which has been good for the people of In the weeks ahead, we will turn our the State of Maryland and for the peo- PLEDGE OF ALLEGIANCE focus to reducing drug costs for senior ple of this country. The American peo- citizens. That is going to be a battle The Honorable BENJAMIN L. CARDIN ple called for us to put partisanship led the Pledge of Allegiance, as follows: because the wealthy, strong, powerful aside in pursuit of common ground, to pharmaceutical industry has hired I pledge allegiance to the Flag of the end the culture of corruption, to cast nearly every lobbyist in town—those United States of America, and to the Repub- away the rubber stamp, and, most im- with Gucci shoes and chauffeur-driven lic for which it stands, one nation under God, portantly, to change the course in Iraq. indivisible, with liberty and justice for all. limousines—and they have been flood- This Congress has heard that call. As ing this Capitol to prevent the Amer- f we reach our 100th day, we are well on ican people from having the benefit of our way to delivering a government as Medicare being able to negotiate for APPOINTMENT OF ACTING good and honest as the people it serves. lower priced drugs. The big HMOs, the PRESIDENT PRO TEMPORE From the very first day, we knew all health care providers, and the insur- The PRESIDING OFFICER. The our progress would depend on renewing ance companies can but not Medicare. clerk will please read a communication the people’s faith in the integrity of What does that say? It says the phar- to the Senate from the President pro Congress. And just as an aside, Mr. maceutical industry is way too power- tempore (Mr. BYRD). President, I would note that while I am ful. But we are going to have a shot at The legislative clerk read the fol- not much of a poll watcher, it was it. We will see how much power the lowing letter: brought to my attention earlier this pharmaceutical industry has over the U.S. SENATE, week that the polls showed the Amer- Senate. On this side of the aisle, they PRESIDENT PRO TEMPORE, ican people are much more supportive have very little power, but we will see Washington, DC, April 12, 2007. of the Congress than they were just a how much power they have over on the To the Senate: few months ago. A lot of that is as a re- other side of the aisle. So we are going Under the provisions of rule I, paragraph 3, sult of what we have been able to do to try to allow Medicare to negotiate of the Standing Rules of the Senate, I hereby here. for lower priced drugs. appoint the Honorable BENJAMIN L. CARDIN, Our first order of business was pass- We are going to do our very best to a Senator from the State of Maryland, to ing the toughest lobbying ethics re- perform the duties of the Chair. develop a new strategy for energy, and form legislation in the Nation’s his- ROBERT C. BYRD, we are going to act as quickly as we President pro tempore. tory, and we have done that. We voted can to see what we can come up with to give working Americans a much de- Mr. CARDIN thereupon assumed the regarding comprehensive immigration served and long overdue raise in the chair as Acting President pro tempore. reform. We passed something here last minimum wage. We passed a con- year. We did it without the help of the f tinuing resolution that enacted tough President. With the help of the Presi- spending limitations, and earmarks dent this year, maybe we can do better. RECOGNITION OF THE MAJORITY were eliminated. We passed every sin- I certainly hope so. He says he wants to LEADER gle recommendation of the 9/11 Com- help, but actions speak louder than The ACTING PRESIDENT pro tem- mission, after they languished in the words. pore. The majority leader is recog- Congress for years with nothing being All the while, during these first 100 nized. done. We passed a responsible pay-as- days, as I mentioned, we retired the

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

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8724 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 rubber stamp and restored Congress to right the unconscionable situations at passed a bill that funds our troops and its rightful, constitutionally mandated Walter Reed and other VA medical fa- at the same time changes our mission role as a coequal branch of Govern- cilities, because our troops do deserve from policing a civil war to focusing on ment. The Bush administration is fi- that support. The support of the Amer- counterterrorism. We have worked on nally being held accountable for some ican troops doesn’t end when they resolutions that offer alternatives to of its failures—and I say some of them, leave Iraq; it must continue when they the President’s head-in-the-sand policy whether the political manipulation at come home to American soil. in Iraq. We have held hearings to ask the Department of Justice, where we No single piece of legislation will the tough questions that have gone learned today that all the e-mails deal- bring this tragic war to a climax. The unasked over the past 4 years of the ing with their so-called political com- American people understand that, but war. We have also made our country puters appear to have been destroyed they elected us to lead the way, to safer and more secure by implementing or hidden—just part of the manipula- chart a new course, showing President the 9/11 Commission recommendations. tions of this very historic Justice De- Bush the way forward, and in these We have funded homeland security partment, and I mean historic in the first 100 days, we have done precisely grant programs, improved communica- sense of being the most corrupt ever, that on the war in Iraq and the issues tions for first responders, increased in- the most inept ever. We have also been here at home. formation-sharing among our intel- able to look at this administration for In the weeks and months ahead, we ligence and law enforcement agencies, its failures at Walter Reed, the deplor- will continue to do the very best we and strengthened the visa waiver pro- able conditions at Walter Reed, and the can to change the direction at home gram while boosting civil liberties pro- tragic mishandling of the war in Iraq. and abroad. tections. No message was more clear in No- In the first 100 days, we also passed f vember than the call for a new direc- an increase in the minimum wage that tion in Iraq. Yet, in the months that RESERVATION OF LEADER TIME will put real money into the pockets of have passed, President Bush has only The ACTING PRESIDENT pro tem- hard-working individuals and families. dug us deeper, deeper in this intrac- pore. Under the previous order, the A minimum wage increase was long table civil war going on in Iraq. Now leadership time is reserved. overdue. While the costs of everyday we hear the Army will be forced to put life continue to rise, wages for the mid- further strain on the troops by extend- f dle class and those aspiring to be mid- ing their tours of duty from 12 to 15 MORNING BUSINESS dle class have not kept pace. months. Next, the Marine Corps will We passed a bill to open the hope of The ACTING PRESIDENT pro tem- have added time to their already stem cell research for millions of fami- pore. There will now be a period for the strained forces. lies who suffer from debilitating dis- Today, although you didn’t read it in transaction of morning business for 60 eases and, in the first 100 days, Con- the paper because it happened since the minutes, with Senators permitted to gress has resumed one of its funda- papers went to print, a bridge in Iraq speak therein for up to 10 minutes mental responsibilities—oversight of was blown up right in the city of Bagh- each, with the first 30 minutes con- the White House and the administra- dad, with cars piled up off of that. They trolled by the majority leader or his tion. From the Justice Department to do not know how many are dead as a designee and the last 30 minutes con- the Defense Department, Democrats result of that. In the Green Zone, in- trolled by the Republican leader or his are asking tough questions that have side the Iraqi Parliament, a bomb went designee. needed to be asked. off today, killing members of Par- The Senator from New York is recog- On U.S. attorneys, our investiga- liament. They do not know how many, nized. tion—not in a partisan manner but bi- maybe only a couple. We don’t know at f partisan, both parties seeking the this stage. But many were injured truth—continues, and we will work FIRST 100 DAYS right in the Iraqi Parliament. until we receive every document we Policing the civil war was never sup- Mr. SCHUMER. Mr. President, I rise need and until we have talked to all posed to be the mission, and every day to join our distinguished leader, my the key figures involved, whether they the price we pay grows worse and friend, Senator REID, and to thank him be in the Justice Department or the worse—3,300 American lives lost, tens and our whip, Senator DURBIN, for their White House. of thousands more wounded, and about leadership and commitment to this Already, we passed legislation that $1⁄2 trillion spent. That is $1⁄2 trillion body and to the American people. will make sure the Senate has a say in that could go to health care for the 47 Last November, the American people the confirmation of U.S. attorneys be- million Americans who have no health asked us to do three things: No. 1, cause we must put the finest people in care and to look at what we are going change course in Iraq; No. 2, make mid- these positions, not simply cronies. We to do about the children dropping out dle-class families’ lives a little better; cannot allow the deprofessionalization of school and to do something to pro- and No. 3, oversee an administration of the U.S. attorneys. vide monies for the Leave No Child Be- that is out of touch and has had vir- Our oversight also meant that when hind Act, which could help education tually no oversight for 6 years. major failures were disclosed, such as around our country. This $1⁄2 trillion Over the past 100 days, we have made the disgraceful treatment of our vet- spent, yet no end in sight, according to significant progress. Change, account- erans at Walter Reed and at VA centers our President, for the troops. More of ability, and oversight have become around the country, we did not let the same. more than words; they have become them get swept under the rug. We held It takes more than saying we support our mission. We are demanding the hearings to get to the bottom of things our troops to make it so, and in these change in Iraq that the American peo- and it is clear we need accountability first 100 days, this Congress put words ple want. The President is ordering us from those who were in charge and we to action. Our emergency supplemental to send him a blank check to continue need to make changes in our veterans appropriations bill gives the troops to fund a failed policy, no questions system so our veterans do not fall every single penny requested by the asked. In fact, anyone who asks ques- through the cracks again. There is no commanders on the ground, plus it tions, their integrity is often im- higher priority than giving our soldiers gives more than the President re- pugned. That is because the President the medical care they need, and that is quested. It provides a reasonable, real- thinks the only way to support our why we put over $4 billion in the sup- istic strategy to draw them out from troops is to rubberstamp what he plemental appropriations bill for vet- the crossfire of another country’s civil wants. erans health care. When it comes to war, and it provides funds that the We in the Congress are keeping faith our vets, money is no object. It never President’s budget left out to make with the American people. We have should be.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8725 It only has been 100 days, but there previous Congress, the administration curate information to the Foreign In- are marked changes in the way this sought expanded powers in the PA- telligence Surveillance Court in its ef- Congress is being run. We are not TRIOT Act to appoint U.S. attorneys forts to obtain secret warrants in ter- rubberstamping the President’s failed without Senate confirmation and to rorism and espionage cases. It severely agenda, unlike the previous Congress. more freely use national security let- undermines the Government’s credi- We have accomplished a great deal and ters. You know, the administration got bility in the eyes of the Chief Judge of we know there is a lot more to do. those powers, and almost immediately that court. As we move forward, we hope our col- they bungled them. They bungled them If the people charged with law en- leagues across the aisle will join us and badly. forcement in this country don’t follow the vast majority of the American peo- In the Judiciary Committee, early the law themselves, it all breaks down. ple who are with us in forging a new di- oversight efforts included our January Every one of us, every one of the 100 rection for the country, especially 18 hearing with Attorney General Senators, every one of us are required when it comes to Iraq. Let us use the Gonzales. There we examined the to follow the law. None of us—no next 100 days to show we support the change in course of this administra- American—is above the law, but it be- troops by providing them with the tion, which had engaged in warrantless comes even worse if those who are sup- funding they need and the change in wiretapping of Americans, contrary to posed to enforce the law do not follow mission the situation requires. the law, for years. Under the watchful the law. These abuses are unaccept- I yield the floor and suggest the ab- eye of the new Congress, the Presi- able. Director Mueller now knows that sence of a quorum. dent’s program for warrantless wire- and knows these abuses and violations The ACTING PRESIDENT pro tem- taps on Americans has been revised, can no longer be continued or repeated. pore. The clerk will call the roll. and now the Government has to seek The Judiciary Committee is now in The legislative clerk proceeded to approval for those wiretaps from the the midst of an investigation in which we are uncovering an abuse of power call the roll. Foreign Intelligence Surveillance that threatens the independence of Mr. LEAHY. Mr. President, I ask Court—something we have always ex- U.S. Attorneys’ Offices around the unanimous consent the order for the pected. If our Government is going to country. It undermines the trust and quorum call be rescinded. inspect our papers, our computers, our confidence of all Americans in Federal The ACTING PRESIDENT pro tem- voices, they should get a court order law enforcement. We are examining the pore. Without objection, it is so or- first. mass firing of U.S. attorneys. We are dered. We must engage in all surveillance trying to get to the truth of what hap- Mr. LEAHY. Mr. President, today we necessary to prevent acts of terrorism, pened so these abuses do not happen mark the 100th day of the new Con- but we can and should do so in ways again. I want the American people, all gress. We have much more to do on be- that protect the basic rights of all Americans, to have a Justice Depart- half of the American people, but we Americans, including the right to pri- ment and U.S. Attorneys’ Offices that have already accomplished an awful vacy. The issue has never been whether enforce the law without regard to po- lot. to monitor suspected terrorists but We have heard the American people’s litical influence and partisanship. I doing it legally and with proper checks want the American people to have con- call for accountability and competence and balances to prevent abuses. The in their Government, and we started fidence in Federal law enforcement. I Administration’s recent reversal of want our Federal law enforcement offi- making those goals a reality. We have course was a good first step. returned the focus to the rights and in- cers to have the independence they Last month we held oversight hear- need to be effective and merit the trust terests of the American people. ings with FBI Director Mueller, and we As I have commended the members of of the American people. called him to task for the longstanding Sadly, what we have heard from the the Judiciary Committee—and I com- FBI abuses of national security letters. administration has been a series of mend the distinguished Presiding Offi- The inspector general’s report we in- shifting explanations and excuses and a cer as well as the other members for sisted be provided included troubling lack of accountability or acknowledg- their help and active participation in findings of widespread illegal and im- ment of the seriousness of this matter. the work of our committee—I come to proper use of national security letters The women and men replaced and the Senate today to thank the major- to obtain Americans’ phone and finan- whose reputations were then stained by ity leader and those Senators who have cial and credit and other records. those seeking to justify these firings as been working so hard to restore bal- Nobody would stand for it if you had ‘‘performance related’’ were appointees ance to our Government, protect the somebody—agents—walk into your of President Bush. Several had signifi- liberties and rights of all Americans, home in the middle of the night grab- cant achievements in office and glow- and also to revive America’s leadership bing these records. It is the same thing ing performance reviews. in the world. when they grab them electronically. As we learn more details about the First and foremost, we are making Inspector General Glenn Fine testi- ousters of these U.S. attorneys, the progress restoring the Senate and Con- fied there could be thousands of addi- story grows more troubling. Had we be- gress to their proper constitutional tional violations among the tens of lieved and accepted the initial testi- role. From the FBI’s illegal and im- thousands of national security letters mony of the Attorney General of the proper use of national security letters the FBI is now using, willy-nilly, each United States and the other Depart- to the politically motivated dismissal year. ment officials, then we would not have of so many of the Nation’s U.S. attor- The inspector general also found gotten to the truth. The White House neys, there are concerns about the widespread use by the FBI of so-called and the Attorney General dodged competence—but especially the inde- ‘‘exigent letters.’’ These letters, which Congress’s questions. They ducked real pendence—of the Department of Jus- are not authorized by any statute, were accountability for years. In the past, tice. This pattern of abuse of authority issued at least 739 times to obtain they counted on a rubberstamping Con- and mismanagement causes me, and I Americans’ phone records when there gress to avoid accountability. The might say many Republicans as well as was often no emergency and never a American people have a new Congress, Democrats, to wonder whether the FBI follow-up subpoena, as the FBI had and this is a Congress that asks ques- and Department of Justice have been promised. Despite these extensive tions and wants the truth, and we will faithful stewards of the great trust the abuses, the top leadership at the FBI get the truth. The Attorney General Congress and the American people have sat idly by for years, doing nothing to has admitted ‘‘mistakes were made,’’ placed in them. stop this practice. but somehow he doesn’t say what those We need to keep our Nation safe, but We questioned the FBI Director mistakes were. we also have to respect the rights and about these matters and reports that He will have another chance, yet an- the liberties of all Americans. In the the FBI has repeatedly submitted inac- other chance to tell the truth and the

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8726 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 whole truth and nothing but the truth timony of the White House staff re- gram for law enforcement, S. 231. A next Tuesday at our Judiciary Com- sponsible for this debacle. number of additional items are not far mittee oversight hearing. The days We have asked for administration of- behind, including a bill to reauthorize when he could come by once a year and ficials and now former officials to co- the COPS program, S. 368; and a bill not answer questions are over. operate with the Judiciary Committee that Senator SESSIONS and Senator I made no secret during his confirma- in its inquiry, and I hope that they LANDRIEU cosponsored attacking fraud tion hearing of my concern whether will. Through the committee’s over- in disaster and emergency relief fund- Mr. Gonzales could serve as an inde- sight work so far, we know some of the ing. I hope to see action on our bill pendent Attorney General of the answers to some of the questions we against war profiteering, S. 119, as United States on behalf of the Amer- have been asking, and the answers are well. ican people and leave behind his role as troubling. We have learned that most It is a new Congress. It is a new Con- counselor to President Bush. of the U.S. attorneys that were asked gress that is off to a strong start in re- The Department of Justice should to resign were doing their jobs well and storing accountability, revitalizing the serve the American people by making were fired for not bending to the polit- checks and balances of our system, and sure the law is enforced without fear or ical will of some in Washington. Appar- earning back the public’s trust in Gov- favor. It is an oath I took when I was ently, their reward for their efforts at ernment which was eroded during the a prosecutor. That is the oath all pros- rooting out serious public corruption is rubberstamp Congress. Much remains ecutors take, but it is an oath the At- a kick out the door. to be done, but we have made meaning- torney General has to remember. The Along with these oversight matters, ful progress in just 100 days. Department of Justice cannot be the Judiciary Committee has taken up Mr. SCHUMER. Mr. President, if my turned into a political arm of the questions relating to the war in Iraq colleague would yield to me. White House. and congressional authority to condi- Accountability has been lacking in tion funding, the plight of Iraqi refu- Mr. LEAHY. Of course, I will yield. this administration because there has gees, the recommendation of the Iraq The PRESIDING OFFICER (Mr. been a ‘‘rubberstamp’’ Congress. Loy- Study Group on policing and the ad- OBAMA). The Senator from New York is alty to the President is rewarded over ministration of justice in Iraq, and recognized. all else. That lack of accountability contracting fraud and abuse in Iraq. Mr. SCHUMER. Mr. President, I just and the lack of the checks and balances We have examined enforcing our want to thank our chair and leader on that foster it must end, and I hope it antitrust laws, restoring open govern- the Judiciary Committee for the amaz- has ended. We do not need another ment by reinvigorating the Freedom of ing job he has done on the U.S. attor- commendation for the ‘‘heckuva job’’ Information Act, ending antitrust im- ney’s issue and on so many others. One for those who failed in their essential munity for insurers, increasing drug of the things that has been lacking for duties to the American people. True ac- competition, strengthening protections 6 years in this administration is over- countability means being forthcoming, against identity theft, and providing sight. There has been virtually none. and it means there are consequences for fair and comprehensive immigra- As to what the chairman of the Judi- for improper actions. tion reform. The White House continues to stand ciary Committee alluded to, in the U.S. We have also moved legislative ini- by the firings of the U.S. attorneys and attorney’s area, it has been appalling tiatives. Indeed, I think the first legis- despite assurances by the President what has happened, and again with no lation passed by the Senate this year that we would receive cooperation, doc- oversight. It has been on issue after was our bill to restore the cost-of-liv- uments and access to witnesses, the issue after issue. So many of the things ing adjustment for Federal judges. We White House has yet to produce a sin- that we have begun to uncover, wheth- have passed a bill to amend the reau- gle document or make any witnesses er it is with the NSA wiretaps, whether thorization of the Voting Rights Act to available. it is with the security letters, whether Now we are learning that people in honor the contribution of Cesar Chavez it is with some of the other things the White House were having ‘‘off- and other outstanding Americans. We going on, have been done under his book’’ communications by using Re- passed by a bipartisan vote of 94 to 2 a watch. bill to repeal that part of the PATRIOT publican political e-mail addresses, and I thank my colleague for his remarks Act reauthorization that had contrib- they say these e-mails have not been and for the great job he has done. preserved. I don’t believe that. I don’t uted to the U.S. attorney firings and thereby moved decisively to repeal the The PRESIDING OFFICER. The Sen- believe that. You can’t erase e-mails, ator from Vermont is recognized. not today. These e-mails have gone Attorney General’s unlimited author- through too many servers. They can’t ity to appoint so-called interim U.S. Mr. LEAHY. Mr. President, I thank say they have been lost. That is akin attorneys without Senate consider- the distinguished Senator from New to saying the dog ate my homework. It ation. At long last, we have given final York. Of course, he is a member of the doesn’t work that way. Those e-mails passage to the bill against animal Senate Judiciary Committee, and one are there, the White House just doesn’t fighting that has languished for so of the most active members we have. want to produce them. It is similar to many years. And we have passed the He has spent countless hours on this the famous 18-minute gap in the Nixon Genocide Accountability Act, the first issue. We talk every single day. We White House tapes. They say these e- legislative result of the new sub- have worked together. I have been so mails have been erased or misplaced. committee I worked with Senator DUR- proud of what he has done on that com- They are there. The White House BIN to create within the Judiciary mittee. He made my job a lot easier. knows they are there, and we will sub- Committee on Human Rights and the Mr. President, I suggest the absence poena them, if necessary, and we will Law. of a quorum, and I would ask that the have them because now, when the ad- I hope that the Senate will soon be time not be charged to either side. ministration suddenly is facing mean- considering a number of our other leg- The PRESIDING OFFICER. Without ingful oversight, they say they cannot islative initiatives. We have reported a objection, it is so ordered. court security bill, S. 378; a bill to in- produce the information. They have The clerk will call the roll. the information. They have to bring it crease drug competition by giving the The bill clerk proceeded to call the out and show it to the American peo- FTC authority to stop drug companies ple. The administration has worn out from paying other companies not to roll. the benefit of the doubt. They have un- compete, S. 316; a bill to establish a Mr. THUNE. Mr. President, I ask dermined whatever credibility they had school loan program for those willing unanimous consent that the order for left. to serve as prosecutors and public de- the quorum call be rescinded. The American people are right that fenders, S. 442; and legislation to reau- The PRESIDING OFFICER. Without they are entitled to full and honest tes- thorize the successful Byrne grant pro- objection, it is so ordered.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8727 EMERGENCY SUPPLEMENTAL Robert Gates said: This kind of disrup- ought to be dealing with issues such as Mr. THUNE. Mr. President, last tion to key programs will have a genu- immigration and health care and en- month I came to the Senate floor to ex- inely adverse effect on the readiness of ergy, all issues that are important to press my doubts about the emergency the Army and the quality of life for the people. supplemental spending bill put forth by soldiers and their families. I submit nothing is more important the Democratic leadership in the House The supplemental is necessary to pay than making sure the men and women in uniform, serving our country in the- and Senate. for training and equipping our soldiers The supplemental was, and still is, a in Iraq and Afghanistan. If the supple- aters of conflict, have the resources flawed bill that will do little to ad- mental is not passed by April 15, the they need to do the job we have asked of them. vance the cause of either liberty or vic- military will be forced to consider the Meanwhile, while the House is out of tory in Iraq. It is a poorly crafted bill following steps: Curtailing and sus- pending home station training for Re- session and has yet to appoint con- that includes language directing the ferees so even our staffs in the House President to begin a phased withdrawal serve and Guard units; slowing the training of units slated to deploy next and Senate could get together and of American troops, essentially tying begin discussing the differences be- the hands of the Commander in Chief, to Iraq and Afghanistan; cutting the funding for the upgrade or renovation tween the House and Senate bills to get and signaling to our enemies that this a bill to send to the President, which is the day on which we will wave the of barracks and other facilities that support quality of life for troops and the President can subsequently veto white flag and surrender. and send back here so we can have an Mr. President, the Democrats believe their families; stopping the repair of equipment necessary to support override vote, which will fail—then we the war in Iraq is a civil war between will be right back where we started— Sunni and Shia, and that America has predeployment training; reducing the repair work being done at Army de- the troops don’t have any funding. no place in their war. I see the war in Hopefully, at that point, perhaps, the Iraq as a war between Islamic fascists pots; delaying or curtailing the deploy- ment of brigade combat teams to their Democrats in the House and Senate and everyone else. will come to the realization that all Contrary to the belief of many of my training rotation; this, in turn, will cause additional units in theater to these theatrics and shenanigans being Democratic colleagues, we are in the played on the floor of the House and middle of that war, be it in Baghdad, have their tours extended because other units are not ready to take their Senate are not doing anything but New York, Pennsylvania, Bali, London, sending a message to our enemies that or Madrid. What my colleagues on the place; delaying formation of new bri- gade combat teams; implementation of we are weakening in our resolve and other side of the aisle fail to realize is not doing what we need to be doing, a civilian hiring freeze; prohibiting the that diplomacy and the exertion of and that is funding our troops to make execution of new contracts and service military force are not mutually exclu- sure they have the necessary training orders, including service orders for sive of one another. You can and must and equipment and ability to conduct training events and facilities; holding have both, and they must be effective. and win this mission we have asked or canceling the order of repair parts But it is naive to think that you can them to complete. have diplomacy in a vacuum, espe- to nondeployed units in the Army. The ironic thing about it is, while all These are all things that can result cially when you are dealing with a this is not going on here, the absence simply because this Congress has not country such as Iran, a country bent on of activity in the Congress where we acted in a way that is consistent with developing nuclear weapons, increasing ought to be conferencing the supple- what is in the best interest of our men its ballistic missile capability, and pro- mental bill so we can get the process viding weapons and training to our en- and women in uniform who are serving moving forward and hopefully get a bill emies in Iraq. their country in Iraq and Afghanistan. back from the President that will have However, this is all moot because the It is about the politics of whether we been vetoed so we can send him an- Democratic leadership on the war sup- ought to be withdrawing. Of course, as other bill that has funding in it for our plemental spending bill has been ab- I said, the legislation that has passed troops, while all this is not going on in sent these last couple of weeks. Here both the House and Senate, including Washington, the Speaker of the House we are, almost 3 weeks after the bill time lines for withdrawal, which ties of Representatives, while the House is was passed in the Senate. There has the hands of our Commander in Chief, out of session this week in recess, is been no conference of the bill. And the ties the hands of our generals in the traveling around the world conducting other body, the House of Representa- field, sends a very clear message to our foreign policy. Where and since when is tives, has yet to appoint conferees. troops that we don’t believe in their it the job of the Speaker of the House What are we waiting for? Why are we mission, that we don’t believe it is pos- of Representatives to conduct foreign asking our men and women in uniform sible for them to attain victory. It policy, going to other countries in the to wait? sends a very clear message to our en- world, particularly countries with Well, unfortunately, waiting is what emies that on this date certain, we are which we don’t have a relationship, our military is going to do. The Demo- going to pull out. What does that say countries that harbor and sponsor ter- cratic leadership has thus far decided to them, other than all they to have do rorist activities, meeting with them to to purposefully send a bill to the White is to wait us out? deliver messages from other countries House that they know will be vetoed in Irrespective of where you are on this around the world? order to set up a confrontation with particular war—I know it is divisive in I know we have a President and Vice the President to score political points. the United States—when it comes to President, we have a State Department I find it ironic that many of the the fundamental question of making and a diplomatic corps, all of which are Democrats who are so insistent on sure our troops have the resources they tasked with that important job. But micromanaging the war and usurping need to do the job we have asked them the Speaker of the House of Represent- the power of the President cannot even to do, to make sure we are supporting atives somehow decided she should be show up and show the requisite leader- the important work they are doing and the courier of messages between Israel ship to pass an emergency bill that giving them the impression we believe and Syria. funds our troops. Our troops deserve they can win and that we want them to It should come as no surprise that more from this Congress. win, there is nothing more important the Israeli Prime Minister took issue I hope my colleagues across the aisle in the Senate for us to be dealing with. with the Speaker of the House of Rep- will do what is right and get a bill I know there are a lot of important resentatives conducting Israeli foreign passed that the President can sign into issues the Senate has to deal with. We policy as well, not to mention the fact law. If you look at what the con- have an Intelligence authorization bill that she didn’t have the authority to sequences of us not acting are, it has we are deliberating. We had stem cell do it, nor was the message she deliv- been very clear. Secretary of Defense research in the last couple of days. We ered the correct message. It seems to

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8728 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 me what we ought to be focused on as these issues and been ready to move Mr. SESSIONS. Mr. President, what a Congress is not running around the rapidly when the House comes back in time remains on this side? world meeting with leaders who are session? If they had wanted to, couldn’t The PRESIDING OFFICER. The Sen- aiding and abetting the very people our they have done that? ator has 141⁄2 minutes. men and women in uniform are fight- Mr. THUNE. Mr. President, I serve Mr. SESSIONS. I thank the Chair. ing against in Iraq but, rather, being in with my colleague from Alabama on I thank my colleague from South Da- Washington, dealing with the impor- the Armed Services Committee. This is kota. I believe his National Guard per tant issue of funding our men and an issue he cares deeply about, making capita is one of the largest National women in uniform who are involved in sure our men and women are well cared Guards in the country. I know mine is, a very important mission for the future for and that they are in a position to both on a per-capita and aggregate of our country. I know this is an issue do the work we ask them to do. It basis. We have soldiers in Iraq right on which this country has great debate. would make sense—I think it is fair to now from our home States. I talked to I know people in my State, as in many say—that the House, knowing they the mother of a soldier who was re- States, are weary of the conflict in were going to take a 2-week recess, to cently killed, and this is a painful sub- Iraq. appoint the conferees so the important ject for us all. At this very moment We have in place a new strategy that work of the conference committee throughout Baghdad, Al Anbar Prov- includes additional troops, a change in could get underway, so we wouldn’t ince, American soldiers are walking rules of engagement, new conditions have to wait another several weeks to those streets, working closely with and benchmarks for the Iraqi Govern- get this legislation through the con- Iraqi soldiers, Iraqi police officers, in ment, for the Iraqi military. I want to ference committee, ultimately sent to an effort to create stability so that po- see it work. I want to see our troops the President, where it is certain to be litical agreements can be reached that succeed. I believe a majority of the vetoed, so that it has to come back could lead to a stable and successful people want to see our mission in Iraq here and start all over again. It seems Iraq. This is an extremely, deeply im- succeed, knowing full well the con- that would be a fair expectation of our portant matter. Now we are in a situa- sequences of failure will be detrimental colleagues in the other body when it tion in which our leader in the Senate, and disastrous to the United States and comes to appointing conferees for this Democratic leader, Senator REID, has to our security in the future. Yet here important legislation. said they intend to fund our troops. we are. The Senate is here. We can’t Having served three terms in the They intend to provide the money the conduct a conference because the House of Representatives, I had the President needs to conduct this war, House of Representatives is not in ses- privilege during those terms to rep- but at the same time they want to tell sion, nor did they, before they departed resent my class as a Member of the the generals how to conduct it. They for a 2-week recess, appoint conferees House leadership. On a weekly basis, I want to say that on a given date we to the supplemental appropriations bill had the opportunity, under both have to move troops in this direction that would enable us to go about this Speakers Gingrich and HASTERT, to be or that direction, and we will begin to important work. a part of the process. I know how many bring troops home 4 months from Mr. SESSIONS. Will the Senator pressures and how much responsibility today, regardless of the conditions in yield for a question? comes with the job of Speaker of the Iraq, regardless of what the military Mr. THUNE. I am happy to yield to House. Our Senate leaders on both experts say, without any real thought, the Senator from Alabama. sides have a caucus of about 50 people, if you want to know the truth. Mr. SESSIONS. About the conference thereabouts, that they have to deal I have been to Iraq four times and process, when an emergency supple- with. The Speaker of the House has a will be soon going my fifth. Very few mental is passed, even though it had responsibility for making sure that 435 people in the Senate have been there so language in it that I know the Senator Members of the House of Representa- often. I submit we don’t know suffi- opposes, and so do I, it would normally tives are moving forward with a legis- ciently how to direct the deployment have to go to a conference committee lative agenda. There is a lot of respon- of our troops. I don’t know. Who knows of Members of the House of Representa- sibility, a lot of pressure. I have experi- the best? General Petraeus? This is his tives and Members of the Senate. enced and seen firsthand much of that. third full tour over there. He has stud- Sometimes it takes a good while, does What I don’t understand, however, is ied insurgencies and written a Depart- it not, historically, for differences in where in the job description of the ment of Defense manual on how to de- the House and Senate bills to be Speaker of the House comes this notion feat an insurgency. worked out? It sometimes takes a good that somehow the Speaker of the Who is the best qualified to make while; would the Senator agree? House ought to be going out and meet- these decisions? This is not a little Mr. THUNE. That is correct. The ing with Syrian leaders, countries and matter. We voted, over three-fourths of Senator is absolutely right. He well leadership that are aiding and abetting this Senate, to authorize military force knows, anytime the House and Senate the people we are fighting against, our in Iraq. Our soldiers are doing what we act on separate pieces of legislation, it enemies in Iraq, and trying to conduct asked them to do—not what they want has to go to a conference committee. foreign policy, representing the inter- to do, what their duty is. Differences have to be worked out be- ests of one of our allies, the Nation of A father of a military Army officer fore the conference report can come Israel, and not only misrepresenting told me right out here a few weeks back to the House and Senate and be their views but, frankly, exercising au- ago—his son was about to go to Iraq— passed and ultimately sent to the thority that clearly they didn’t give he said: Senator, they are watching President. her to exercise. I am at a loss to ex- you like a hawk. Our soldiers over Mr. SESSIONS. Those conference plain why we would be here waiting to there are watching what we in Con- committee appointments are decided conference an important supplemental gress do. They wonder what is going by the leaders of the Senate for the appropriations bill that will fund the on. Senate conferees and the leaders of the troops while the leadership of the other They are putting their necks on the House, the Speaker of the House, Ms. body is traveling the world, conducting line for the policies we asked them to PELOSI, would appoint those conferees. meetings that clearly ought to be in do, and they hear this kind of talk, If it were something they wanted to the purview of our representation at they hear of this delay. We can’t get have done badly, that was high on her the State Department and the White even the emergency supplemental agenda, would not they have appointed House and diplomatic corps. passed. It is very discouraging to me. I conferees before we recessed almost 2 If the Senator from Alabama would don’t believe this is an action worthy weeks ago so the conferees could have like to make some comments on this of a responsible Senate. We know this begun work during this interim period, particular subject, I am happy to yield Senate has the power, this Congress staffs could have been working on the floor. has the power to shut off funding for

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8729 the war in Iraq and bring our troops mental bill was constructed and the a lot, and, again, as it continues in this home immediately. proscriptive language that was put in city and across the country, that there But if we are not going to do that— it relative to tying the hands of our has to be a political or diplomatic solu- and the Democratic leader said we are Commander in Chief, tying the hands tion that somehow we have to reach; not going to do that, we are going to of our generals, essentially sub- the sides have to come together, which give them the money they need under stituting the judgment of politics in I do not disagree with. However, I this supplemental—if we are not going Washington for the judgment of our would also argue, in order for that to to bring them home, and we are going generals in the field. happen, you have to have security. You to give them the money, for Heaven’s I am extremely troubled by that lan- cannot have a functioning democracy sakes, let’s don’t micromanage what guage, as is the President, which is or government absent security; in the they do, and let’s don’t demand com- why he has indicated he is going to last several hours, a couple of law- mitments from the Commander in veto this bill when it comes before him. makers in Iraq were killed in the Green Chief he cannot agree to. They knew that. They knew that when Zone. He cannot agree to 100 Senators tell- it was passed. They knew when it went How is a government to function, ing him when and how to deploy the down there, it was going to be an issue how is a political process to work, if troops. What would General Petraeus which the President, absolutely, in his there is not adequate security, which is think? What would his responsibility constitutional role as Commander in the point I believe many of us have be to his general whom he asked to Chief, could not allow—that type of made all along. I say to my colleague serve, who is serving, whom he told language and that type of restriction— from Alabama, there has to be not only would be given responsibility to be suc- to be imposed on his ability to pros- a political solution, but there has to be cessful in Iraq and bring stability ecute and win wars. security established. That is what this there, with his whole effort focused on But I guess my question to the Sen- new strategy is designed to accomplish, that? ator from Alabama has to do with: If to allow that process to work. We I wish to share with my colleagues a the Senate or the House wanted to stop ought to allow this strategy an oppor- deep concern that we not get into some what is happening in Iraq, wanted to tunity to work, rather than pass bills sort of game of chicken with the Presi- withdraw, get our troops home imme- out of here that tie the hands of the dent and the Congress. I must say, I am diately—in spite of the fact that under President, tie the hands of our gen- glad the Democratic leaders apparently this new strategy we now have more erals, substitute the judgment of poli- said last night, after earlier saying no, troops there, we have different rules of ticians in Washington for the judgment now they will meet with the President engagement, we have more buy-in from of our generals in the field. Further- at his request to discuss their dif- the Iraqis; the Iraqis are coming more more, we need to get funding to our ferences. into the fight; we have an opportunity, troops. So I think the Senator from Alabama But it is not just a political game of in my view, at least, hopefully, to have has put it very eloquently, and I join chicken between the Congress and the success there—what is the step the him in urging the rest of our colleagues President; we have soldiers in the field Congress, if they wanted to basically in the Senate—and, obviously, hope- whose lives are at risk this very mo- end our involvement there, could do? Is fully, very soon in the House—to get ment. They need better support than it not to cut off funding? Would that this process wrapped up, to get a bill to that. Our allies need to know we are not be? the President that he will ultimately not going to be acting in a way this If the Senate and the House were se- veto, send it back here, start over Senate resolution suggests. The enemy rious about this, why is it they are again, and let’s at least get the funding needs to know we are not going to be going about all these shenanigans, try- to our troops so we can get this situa- acting in that fashion, in my view. ing to provoke this confrontation with tion in Iraq secure so this political We have a tough challenge over the President over this particular lan- process can function and work and, there, there is no doubt about it. Gen- guage that ties his hands relative to hopefully, create a stable democracy. eral Petraeus committed, at my re- time lines, when in fact the real con- Mr. SESSIONS. Mr. President, I say quest, that if he thought what we were stitutional role the Congress has is to Senator THUNE, I agree, and will re- doing would not be successful, he would funding? Is funding not the way, if the call for our colleagues that—I believe not hesitate to tell the Congress and Senate and the House wanted to be it was postelection—General Schoo- the American people exactly that. I be- heard on this, they would go about maker, the Chief of Staff of the Army, lieve he will. Right now, he believes he doing that? pleaded with us not to allow what hap- can be successful. If we allow him to do Mr. SESSIONS. Mr. President, I pened last year to happen this year. He so, I believe he will be. could not agree with the Senator more. was referring to delaying passing the Mr. President, I see others on the Having been in the Department of Jus- supplemental because it causes all floor. I conclude by saying I believe we tice a number of years as U.S. attorney kinds of problems. ought not to be in this posture of and having had a few occasions to deal A few weeks ago, he testified again, brinksmanship over this issue. I believe with this specific issue, money not ap- and he was passionate about this. It is it is irresponsible. I believe it places propriated by Congress cannot be spent his soldiers, predominantly, Army sol- those soldiers we have sent at greater by the Government. In fact, there is an diers in Iraq. He pleaded with us not to risk for their lives, and their mission is Antideficiency Act that makes it a delay this supplemental. He said you placed in a situation where it would be criminal offense for a governmental of- have to take money from all kinds of more difficult to accomplish. That is ficial to spend money that Congress accounts, and time and effort the lead- something we should not do. I hope has not appropriated. ership in the Department of Defense cooler heads will prevail. So that is our responsibility: to fund needs to be spending helping the sol- Mr. THUNE. Mr. President, I ask the or not fund. The Democratic leader diers being successful has to be redi- Senator from Alabama if he will yield said they are going to fund. It is not rected to bringing money together in for a question. our responsibility to micromanage the ways that are not easy to fund the ef- Mr. SESSIONS. I am pleased to yield. war, however. So I would say we abso- fort. He described it as trying to walk Mr. THUNE. Mr. President, I say to lutely as a Congress—if we reach that through a marsh waste deep in water— the Senator, I agree with everything he decision—can shut off funding, and to- those were his words—in the muck. said. The thing I guess that has trou- morrow the troops would have to be We are creating a political muck that bled me about this process since the in- brought home, or shortly thereafter. makes it very difficult and adds addi- ception of the debate we have had in Mr. THUNE. Mr. President, I would tional burdens to our Defense Depart- the Senate, that has been swirling say to the Senator from Alabama be- ment when they have so many impor- around in Washington for some time, cause I think it is an important point tant things to do. We should not do has to do with the way this supple- to make—I have heard the debate here that.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8730 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 I thank the Senator for his eloquent already the period for the 2008 author- a requirement to do so. So we would remarks and his leadership on the ization bill. It is inexcusable. From strengthen that position in this legisla- Armed Services Committee and for his 1978 through 2004—that is a long time, tion and make it more accountable to commitment to our soldiers and com- 1978 to 2004—every year, there was an Congress. mitment to the United States of Amer- authorization bill, like every year Section 434 of the bill strengthens ac- ica and the good foreign policy we have there is a military authorization, countability and oversight of the tech- had, we seek to accomplish. Armed Services authorization bill. It nical intelligence agencies by pro- Our foreign policy is a foreign policy happens in all major committees. The viding a very important matter: that designed to improve the Middle East. It Senate had an unbroken 27-year record the heads of the National Security is designed to improve the lives of the of having authorization bills every sin- Agency, the National Reconnaissance people in Iraq. It is not an imperialistic gle year. This year and the last year— Office, and the National Geospatial-In- attempt to gain wealth or power at and I think the preceding year—we did telligence Agency are to be appointed their expense. We want them to be suc- not. by the President, as they have been but cessful. In the end, it will be successful It is very frustrating to the Senator with the advice and consent of the Sen- for us. It will make us more safe. It from Missouri and myself. This should ate. That has not been the case. This is will make the world more safe and can be considered, and is considered, must- an enormous fountain of intelligence, begin the end of some of the radicalism pass legislation. It is in the national and we think they ought to be respon- we are seeing. interest. We are in the middle of a war sive to the two Intelligence Commit- I thank the Presiding Officer and on terror. Our continued military in- tees in the Senate and the House. yield the floor. volvement in Iraq and Afghanistan My colleagues may be surprised that Mr. President, I suggest the absence calls for an analysis of what is going on the head of an agency with as central a of a quorum. in the intelligence community, putting role in the intelligence community as The PRESIDING OFFICER. The it into authorization form so it can go the National Security Agency or an clerk will call the roll. on to be discussed and debated on the agency with the enormous budget of The bill clerk proceeded to call the floor. the National Reconnaissance Office is roll. It is a matter of life and death. But not appointed with Senate confirma- Mr. ROCKEFELLER. Mr. President, I we are being blocked again from con- tion. It is really shocking. Whether it ask unanimous consent that the order sidering a bill that provides the legisla- was an oversight or not, I have no idea, for the quorum call be rescinded. tive roadmap for America’s intel- but it is wrong. Senator MIKULSKI The PRESIDING OFFICER. Without ligence programs. America is not pointed this out. This bill would cor- objection, it is so ordered. meant to work that way. Similar to rect that. f the bills I have mentioned, you have to Section 108, cosponsored in com- get authorization. It is done routinely. mittee last year by Senators LEVIN and ORDER OF PROCEDURE It is very puzzling. HAGEL, seeks to improve the timely Mr. ROCKEFELLER. Mr. President, I Now, there are 16 separate provisions flow of information to congressional ask unanimous consent that I be recog- under our 2007 authorization bill—we intelligence committees. In other nized for the time remaining under are in the period for the 2008 authoriza- words, things can’t be put off for a year morning business, and I further ask tion bill—enhancing and clarifying the or 2 years, 6 months or whatever. We consent that after my time expires, the authority of the Director of National try to enforce our view that we are an Senator from Missouri, Mr. BOND, be Intelligence. These provisions include oversight group and we intend to be recognized for a period of 5 minutes. improvements to the way we approach treated as such and we will not be The PRESIDING OFFICER. Without and manage human intelligence, which treated in a lesser way. Similar lan- objection, it is so ordered. the vice chairman and I feel very guage was included in the intelligence f strongly about, information sharing, reform legislation that passed the Sen- and the ability to manage intelligence ate in 2004 and in S. 4, which passed the INTELLIGENCE AUTHORIZATION community resources. Those are words Senate last month. Mr. ROCKEFELLER. Mr. President, with a great deal behind them. There are requirements for the provi- let me take this opportunity to extend I, like many of my colleagues, have sion of specific information, including my deep appreciation to my good been increasingly concerned about the a report on the implementation of the friend, Senator REID, for his very gen- seemingly endless stream of leaks of Detainee Treatment Act and a separate uine persistence in pursuing this Intel- classified information. This bill in- report on the operation of clandestine ligence authorization bill. He has cludes provisions improving the au- detention facilities. These are not triv- worked hard, both as minority leader thority of the Director of National In- ial matters, as the Presiding Officer and as majority leader, to try to make telligence, whom we put in charge to understands, and they cannot be dealt this happen. look at matters such as these, and the with trivially by this body, and there- I suspect Senator BOND and I will Director of the CIA to protect intel- fore we need this bill. have some fairly strong words to say in ligence sources and methods and a pro- These provisions are all intended to agreement about this because I think vision to increase the penalties for un- improve our ability to make decisions both of us are very dismayed that de- authorized disclosure of the identity of leading to better intelligence for the spite the very considerable efforts of a covert agent. military and policymakers. There is no Vice Chairman BOND and myself—we The bill also contains numerous pro- reason the Senate cannot pass the bill operate very closely together—to get visions intended to improve oversight and do so quickly so that we can con- agreement on this bill, there is still an of the intelligence community. We ference with the House and do that objection to its consideration, as I un- have not been doing that in the sense quickly so that we can pass the bill, derstand. that we should, and Vice Chairman the authorization bill of 2007, here in It is almost inconceivable to me we Bond and I worked very closely to- April of 2007 and proceed on. are forced to come to this point of clo- gether on this issue. He is a ferocious I will close by saying: I would remind ture and motions to proceed and all pursuer of intelligence wherever he can my colleagues that we are at war in kinds of things on a national security find it, and he usually manages to Iraq and in Afghanistan, and we are at bill. I do not understand that, where bring it back with him. Section 408 will war in scores—or potentially at war in that comes from, why the motivation, establish a statutory inspector general scores of countries around the world how that happens. for the intelligence community. The where al-Qaida is strong and growing, In any event, we are talking about DNI, the Director of National Intel- or groups such as the Taliban or others the authorization bill of the Intel- ligence, has used his power to create an are growing. We can’t have delay. This ligence Committee for 2007; and this is IG, but the power to do so doesn’t mean is an important bill. I encourage my

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8731 colleagues to vote for the motion to in- and ensure constructive account- ligence—help us get to the process of voke cloture and allow this process to ability. One of the most significant improving our intelligence community move forward. means of providing such accountability and our intelligence performance. Mr. President, I yield the floor. is authorizing the appropriations for Mr. President, I thank my colleague The PRESIDING OFFICER. The Sen- the intelligence community’s national for his leadership, I thank the Chair, ator from Missouri is recognized. intelligence program, or NIP. For that and I yield the floor. Mr. BOND. Mr. President, I whole- reason, the authorization of the appro- The PRESIDING OFFICER. The Re- heartedly join with my new chairman priations section in this bill may be its publican leader is recognized. of the Senate Intelligence Committee, most important section. f Senator ROCKEFELLER, in urging our Is this bill perfect? No. There is no HONORING SENATOR TED colleagues to work constructively with such thing as perfect legislation—I STEVENS us in reestablishing congressional over- have never seen one, and I don’t expect sight of our intelligence community. to see one—but we all get an oppor- Mr. MCCONNELL. Mr. President, I More than 30 years ago, the Senate tunity and will have an opportunity to rise to honor a colleague and a friend, Select Committee on Intelligence was vote to improve it. Senator TED STEVENS, who this week formed to address a serious problem, The bill, as reported, is largely the becomes history’s longest serving Re- and that problem was previously a same bill as last year and contains publican member of the Senate. This is complete lack of congressional over- many provisions sought by intelligence an outsized accomplishment for a man sight of the U.S. intelligence oper- community agencies to help them in whose name is virtually synonymous ations. The attacks of September 11, their job. For example, the bill pro- with the Nation’s largest State. Yet no 2001, and the findings of the 9/11 Com- vides the Director of National Intel- one who ever crossed paths with Sen- mission confirmed that congressional ligence with additional authorities to ator STEVENS is surprised that he has oversight of intelligence was still seri- improve information access across the achieved it. ously lacking in many areas. intelligence community. So there can The long list of things he has done With the painful lessons of 9/11 in no longer be stovepipes of information for the people of Alaska in the course mind and the threats laid out by Chair- not shared among the agencies col- of a remarkable 39 years in the Senate man ROCKEFELLER, it is more impor- lecting it. The DNI is given full access traces an arc as vast as the State tant than ever that we perform our to human intelligence and the author- itself. His love for that State and this oversight role. Unfortunately, the last ity to improve access and coordination country is legendary. This milestone is Congress failed to see an intelligence across the community. merely an occasion to recall and retell authorization bill pass the Senate, al- Nearly half of the provisions con- that legend. As the Republican leader, though Chairman ROBERTS and Vice tained in this bill were requested by an admirer, and a friend, I welcome it. Chairman ROCKEFELLER tried hard to the intelligence community for fiscal It is a story that takes us back to a pass one. There were political rea- year 2006 and 2007. We are in the proc- day when transistor radios were new to sons—neither side of the aisle was ess of receiving the IC request for 2008, the White House and construction blameless in that regard—but it did not as it clears OMB. When we pass this workers had just cleared a space in the happen. bill, we will have addressed 23 of the 31 Bronx for Yankee Stadium. America When Senator MCCONNELL asked me cleared provisions that are contained was changing quickly, and THEODORE to be vice chairman of the Intelligence in the IC’s fiscal 2008 request. FULTON STEVENS would take as much Committee for this session of Congress, There is also included an example of of it as he could. I wrote a letter with suggestions to the where our committee wants to take Born in Indianapolis, he moved to chairman on the priorities, and at the some initiative. The bill creates within Redondo, CA, as a boy and learned to top of the list was passing the fiscal the office of the DNI a National Space surf along the beaches of the South year 2007 Intelligence Authorization Intelligence Center—or we may call it Bay. His pioneering spirit took him to Act. Chairman ROCKEFELLER and I an office—to address intelligence col- Oregon and Montana for college and strongly agreed that if we were to be lections related to our space assets or then to even more exotic places as an able to conduct constructive oversight threats to the United States from Army Air Corps pilot in World War II. and make our suggestions and our re- space. The need for this office was em- At 19 years old, he was flying C–46 quests and demands known, we would phasized recently by the successful transport planes over the Himalayas have to pass this bill. We have to pass antisatellite weapons test by the Peo- and into China supporting the leg- authorization bills. We have been in ple’s Republic of China. Creating this endary Flying Tigers. He left the Army agreement on that matter since the be- new office or center is an example of after achieving the rank of lieutenant ginning. the forward-leaning oversight that cor- and in recognition of his bravery re- We have a managers’ amendment we rects a present deficiency within the ceived a Distinguished Flying Cross will be describing in more detail which IC. and an Air Medal. we will offer which addresses some of It is time the Senate reassert its con- A decorated war veteran in his early the serious concerns other Members stitutional role in oversight. Does the 20s, TED returned to California to re- and I have had for some time, and I process have warts? As I said, of course sume his studies and later enrolled at would ask anybody who has concerns it does, but it is a critical component Harvard Law School. A consummate about the underlying bill to look at the of our national security. tough guy, the man who would one day managers’ amendment, which I think I urge all Senators to work with us prepare for tough legislative fights by addresses most, if not all, of the seri- constructively to pass the bill. We look donning ties that featured the Incred- ous concerns that might be raised. forward to hearing from both sides on ible Hulk helped pay his way through We have to reassert our oversight. the amendments they have, and maybe law school by tending bar and selling Now, there may be some officials in the we will be able to clear many of them his own blood. executive branch who prefer a lack of and get this bill passed. We ask that After law school, TED showed up in congressional oversight. I sure under- Members bring those amendments to Washington to practice his trade. He stand their positions. If I were running us as soon as possible. married a girl named Ann, and to- an agency, I wouldn’t want to have Again, I strongly urge and request gether they set out on yet another ad- Congress looking over my shoulder. my colleagues who recognize that in- venture. With an appetite for risk and But that is not how the system works. telligence is so important in this glob- a passion for service, TED would carve We have a responsibility to provide the al war on terror declared on us by al- a life for himself and his young family funding and oversee how they are car- Qaida and radical Islamists—not a war out of the vast expanse of the Alaska rying out their duties, and I suggest we started but a war they started, that territory. He would devote the rest of this bill will give us the power to do so can only be countered by good intel- his life to helping people there achieve

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8732 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 the same rights and privileges that George was a little taken back when he Never one to deny or delay materials those in the lower 48 took for granted. picked TED up at 6 a.m. and the Sen- or supplies to troops at home or in the As a result of decades of work in the ator had already gone through the field, he’s secured funds to continue service of that goal, the name ‘‘TED briefing book he’d been given the night funding the F–117, to replace Air Force STEVENS’’ would one day be synony- before, already read the papers, and al- One, for Unmanned Aerial Vehicles mous with an area one-sixth the size of ready been on the phone to Washington like the Predator and Global Hawk, the entire United States. for a couple hours. and for a replacement Coast Guard Ice- He was there at the creation. As a ‘‘I needed a vacation after doing for breaker and the F–16 program. young lawyer at the Department of the two weeks what he’d been doing for 39 He was instrumental in ensuring Interior, TED STEVENS stood over a years,’’ he said. funds for early military research on ev- map with President Eisenhower and After Ann’s tragic death, TED met his erything from breast cancer to AIDS. traced out the borders of the 49th beloved Catherine. They would add a I remember asking myself when I State. He returned there in 1961, start- sixth child to TED’s brood, Lily, who first arrived in the Senate whether ed a law firm of his own, and soon won many of us remember running around STEVENS was ever in a good mood. a seat for himself in the Alaska House the Senate as a little girl. But I learned, as everyone else who of Representatives. Four years after Catherine had to get used to TED’s knows him does, that, like Hamlet, that, Democratic Senator Bob Bartlett tenacity early on. The day after their TED STEVENS ‘‘speaks daggers but uses passed away, and on Christmas Eve, wedding, he agreed to fill in for a col- none.’’ And in this, ‘‘his tongue and his the State’s Republican Governor chose league on a trip to tout Reaganomics soul be hypocrites.’’ TED to replace him. in China. She had never let him live Those who weren’t convinced of this Now, TED STEVENS wasn’t well known down that ‘‘Honeymoon.’’ changed their minds during that sad outside his home State, but curious As chief of staff, George says week in September 2003, when we folks in Washington could have found nothing’s changed. He’s learned to put learned about the death of Senator this brief description of him in News- his Blackberry in the basement when Gordon Smith’s son, Garrett. Senator week. Here is how they summed him he goes to bed at night, or the boss Smith opposed TED on ANWR, the big- up: would keep him up with e-mails. gest issue of his life. And a lesser man Stevens is a 5′6″ cigar smoker who hunts TED will tell you he works so hard might have held a grudge. Yet it was moose and earned a reputation as a scrapper because there’s so much work to do. TED who arranged to fly himself and in the Alaska House of Representatives. Alaskans don’t have the benefit of cen- his colleagues in the Senate to the fu- It was brief, but it wasn’t far off. TED turies of infrastructure and planning neral. didn’t leave his scrappiness in Juneau. that much of the rest of the country They say the only way to have a He would bring it to Washington. does. Of the giant State’s more than friend is to be one. And TED’s friend- A story about the Marine Mammal 200 villages, only a handful had running ship with Senator Inouye is one of the Protection Act of 1972 illustrates the water when TED came to the Senate. great models of bipartisanship this point. TED was a first term minority But largely thanks to him, roughly building has ever known. We all know senator at the time, but he was deter- half of them do now. the two men call each other brothers. mined to find a way to get this piece of He’s tried to make sure that people But some might not recall that TED legislation enacted into law. on the outside understand the chal- has actually donated money from his The story goes that TED was car- lenges. And turning down an invitation own Political Action Committee to pooling into work one morning with to Alaska from TED STEVENS isn’t rec- Senator Inouye’s re-election campaign. the Democratic chairman who could ommended if you ever expect to appear How does TED do all this? make it happen, and he got him to before him at a committee hearing. An He’s always looking forward. Thirty- agree to a vote on his amendment that entire generation of Federal officials nine years in the Senate, and he day. has trekked up there at TED’s invita- doesn’t reminisce. He hasn’t slowed Well, the day passed without any ac- tion. down a bit. He plays tennis and enjoys tion. They called the bill up on the Elaine and I have spent six of the last fishing. He tries to get in an hour at floor, and the thing went through sec- seven July recesses at the Kenai River the Senate gym every day. And when ond reading, third reading, and then King Salmon Classic and, like every- he says he’s a fighter, he means it: his onto a final vote. No amendment. body else who’s been there, we never staff assures me he still trains on a TED ran right up to the Chairman leave without being impressed by two speed bag. and yelled at him right to his face: things: the magnificence of the sce- When TED got to the Senate, he had ‘‘You SOB, you promised me a vote!’ nery, and just how much of Alaska’s a motto: ‘‘To hell with the politics, do Hearing the commotion, the Demo- progress is a direct result of TED STE- what’s right for Alaska.’’ Over the cratic leader, Mike Mansfield, came VENS. years, he changed that motto, just over to chastise TED. Nobody swears in It starts at the airport: TED STEVENS slightly. Now it’s: ‘‘To hell with the this chamber, he said. Anchorage International. It runs politics, do what’s right for the Na- But then TED told Mansfield what through the pipeline; the land settle- tion.’’ But in one of the most distin- had happened, and how important the ment claims; the double-hulled tankers guished careers in the history of this bill was to his State, Mansfield turned that move along the shore; and body, he’s done both. to the chairman and asked whether the through all the homes in the remotest The people of Alaska and this Nation story was true. When he found out it reaches of Alaska that have radio and are better for having TED STEVENS was, he took the bill back to a second television because of TED. And it con- around. We’d hardly know what to do reading, offered the Stevens amend- tinues with his epic battle to open up without him. And in appreciation of his ment in his own name, and the amend- the Artic National Wildlife Refuge. friendship and his noble service to ment passed. ‘‘They sent me here to stand up for State and country, I honor him today This was just one of the major pieces the State of Alaska,’’ TED once said. for his historic achievement and wish of critical legislation TED has fought That’s just what he’s done. And Alas- him many more years of good health for on behalf of Alaskans. There have kans love him for it: on March 22, 2000, and service. been many others. Ted never tires of the Alaska State Legislature named (Applause.) fighting for the people of Alaska. But if TED STEVENS Alaskan of the Century. The PRESIDING OFFICER. The Sen- you ask his staff, they’ll say he just But he’s done a lot more for the rest ator from Hawaii is recognized. never tires. of us besides. Thanks to a remarkable Mr. INOUYE. Mr. President, I am a His chief of staff, George Lowe, re- 35-year tenure on the Appropriations proud Democrat. TED STEVENS is a members his first trip to Alaska with Committee, no one has done more for proud Republican. People have said, the boss. A staff assistant at the time, the U.S. military than TED STEVENS. how can you two ever get together?

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8733 Well, as the leader has indicated, we prosecutor and a U.S. attorney in the America remains prepared to take on call each other brothers. early 1950s. threats to its national security. I know this is a violation of our TED quickly became a leader in the As an appropriator, TED STEVENS has party rules, but I have contributed to statehood movement and in 1956 he often focused on the business of na- Ted’s campaign, and he has contributed served his first assignment in Wash- tional defense. Like others, he has been to my campaign. Last election was one ington as the Department of Interior’s a champion of the ‘‘top line’’ for the of the most negative and partisan ones legislative counsel and later Solicitor Defense Budget, seeking to ensure that that I have ever experienced. The issue General. He later returned to Alaska national security is remains a priority was Iraq, as it is today. TED STEVENS and was elected to the Alaska House of and receives appropriate funding. He came up to me and said: You know, Representatives where he became the has also dedicated long hours to ensur- this election is sending a bad message majority leader and speaker pro tem- ing that funds are not wasted and that to the fellows and the women in Iraq. pore. In 1968 he was appointed to fill priorities are addressed. We should send another message. So he Senator Bartlett’s seat in the U.S. Sen- Finally, TED STEVENS should be rec- proposed that we do our very best to ate. He was elected to retain that seat ognized for his work as a legislator in pass the Defense appropriations bill in in 1970 and has been a part of this insti- this body. TED STEVENS has authored a timely fashion unanimously. The tution ever since. and championed legislation far too nu- record will show that the sub- TED is a forceful and dedicated advo- merous to list. He has left his mark on committee came out and voted unani- cate for the people of Alaska. He has so many laws, policies and programs mously for the Defense appropriations brought about significant economic de- that benefit Americans across this Na- bill. The full committee responded by velopment, be it clearing the way for tion. For example, TED STEVENS has unanimously voting for it, and the Sen- North Slope petroleum development played a leadership role in our national ate, for the first time in history, voted and the construction of the Alaska space programs, and it was his personal 100 to 0. pipeline, the upcoming natural gas effort that allowed NASA to recover That is bipartisanship, Mr. President. pipeline, countless small airports and from the Challenger disaster in 1986. He We have demonstrated that it can be aviation improvements, or overall helped create the National Oceanic and done, and it has been done many times. basic infrastructure. He has been a te- Atmospheric Administration and has We have many things in common, but I nacious advocate for the Alaskan fish- been the sponsor or cosponsor of count- think more things uncommon. He rep- ing industry, including creation of the less significant pieces of environmental resents glaciers; I represent coconut Exclusive Economic Zone to allow the legislation. He has championed remote trees. But we do have many things in sustainable harvest of the largest and sensing satellites that protect our Na- common. We fought in World War II— most valuable fishery in the United tion from severe weather and is the au- he in China with the Flying Tigers, and States. It is not by chance that the thor and foremost supporter of our Na- I was in Europe fighting the Germans. basic law governing fisheries in this tion’s ocean exploration program. TED STEVENS has also left his mark We represented territories. So we came Nation is called the Magnuson-Stevens on every piece of telecommunications in as new Members of the Senate, and Act. legislation over the past 20 years. He he and I have received the crown of Like most Alaskans, TED is a true has put forward legislation that pro- sportsman with a rich appreciation for being ‘‘pork men of the year.’’ We are vides for our airports and air transpor- the unique and special environmental No. 1 in add-ons in the United States tation systems, and terrorism counter- resources of his State. Men and women Senate. measures. He is a strong advocate for Mr. President, I am proud to call TED fishing on the Kenai River or trolling the Coast Guard and has overseen fleet, off Cape Chacon or other waters need STEVENS my brother. I hope we can aircraft, and system modernization just look next to them, through sun- continue this brothership for as long as during the 1980s and 1990s. shine or inclement weather, to see the we are here. We have just given him a TED STEVENS has been a leader on new title: the Strom Thurmond of the Senior Senator from Alaska fishing for issues as diverse as reform of U.S. civil Arctic Circle. kings, or reds or silvers or halibut. service retirement programs, to the (Applause.) TED STEVENS is an American Senator rules governing the operation of the Mr. GREGG. Mr. President, I want to who has made tremendous contribu- U.S. Senate. So often it is Senator STE- join my colleagues in recognizing Sen- tions to U.S. security policy and de- VENS’s style to be the workhorse and ator TED STEVENS upon this milestone fense posture since the 1960s. moving force behind legislation, but to of his serving longer in this body than TED STEVENS left college to fight in let others receive the credit. He is a any other Republican Senator. This is the Second World War. Senator STE- Senator who pulls up his sleeves and a significant moment and our former VENS served in the Army Air Corps and works and he is a man of his word. President pro tempore of the Senate flew support missions over the TED is a dedicated family man—to has set an impressive, historic accom- Himalayas to General Stillwell and our his wife Catherine and his daughter plishment. forces in the China/Burma theater. Lily, and his children from his first I think this is most significant not Since 1980, Senator STEVENS has marriage to Ann Stevens. TED STEVENS because we are recognizing TED STE- served as either chairman or ranking is a Senator who lives every day to the VENS for his length of service in this member of the Senate’s Department of fullest. He is tireless. body, but rather because we are recog- Defense Appropriations Subcommittee. So Mr. President, it is very appro- nizing what TED STEVENS has accom- The aircraft, the ships, the missiles, priate that the Senate convene here plished in this institution as a U.S. the tanks and combat vehicles, and the today to recognize and congratulate Senator. There are few individuals who weapons systems that are manned by our Republican President pro tempore, can equal his service and accomplish- our dedicated men and women in the the vice chairman of the Commerce ments as a true leader. U.S. Armed Forces have been devel- Committee and the former chairman of As Alaska’s Senior Senator, his oped, procured and supported under the Senate Appropriations Committee. steadfast and tenacious advocacy of his TED STEVENS’s steady and pragmatic We are here today to recognize the State and constituents is widely leadership. The training, pay and sup- length of his service and the accom- known. His career transcends Alaska’s port of our personnel have been carried plishments of his Senate service. transition from a frontier and U.S. ter- out by programs that he championed Mr. HATCH. Mr. President, I rise ritory to an important and vibrant and shepherded through the Congress. today to pay tribute to my friend and State. The ‘‘operating tempos’’ and readiness colleague, Senator TED STEVENS of After earning his law degree at Har- levels are items of personal interest for Alaska. Today, Senator STEVENS has vard University, TED STEVENS moved him. He is a champion of research and the distinct honor of becoming the to the heart of Alaska, the Chena River development to ensure our Nation’s longest serving Republican Senator in and Fairbanks, where he became a leadership is not diminished, and that this Chamber.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8734 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 I know of no greater patriot and the United States alongside my dear, whole committee up to Alaska because lover of freedom than TED STEVENS. dear friend, Senator TED STEVENS. he was tired of asking me why I was Whether flying his C–47 with the Fly- So, from one old bull to another old seeking so much money. He decided to ing Tigers in World War II, or serving bull, I would like to thank my good take the whole committee up there. We in the Alaska House of Representa- friend TED for his friendship and lead- traveled through the State for 2 weeks. tives, Senator STEVENS’ life is a model ership. Also, I would like to thank his That doesn’t happen now. of heroism and personal integrity. wife Catherine for her selflessness and I am surrounded by friends here on TED’s tenure in the Senate has been willingness to share her husband. The both sides of the aisle, and I am still equally impressive. He chaired the Sen- hours kept by a hard-working Senator very honored to be here. ate Appropriations Committee for 6 are long and can be very demanding on Let me close by saying I really think years, the Commerce, Science, and families, but Catherine has been ex- I am here because of the mentors I had Transportation Committee for 2 years, tremely patient and our Nation is in Alaska. Two publishers—Bill and served as the Senate President pro grateful. Snedden, publisher of the Fairbanks tempore for 4 years. In each and every The PRESIDING OFFICER. The Sen- Daily News-Miner, and Bob Atwood, one of these high offices, TED served ator from Alaska is recognized. publisher of the Anchorage Times— with dignity and distinction. Mr. STEVENS. Mr. President, I am urged me to come to Washington to As one who has had a stewardship embarrassed but very grateful to my participate in the Eisenhower adminis- over our Nation’s military for many friends, our leader, Mr. MCCONNELL, tration during our fight for statehood. years, there is no greater friend to our and my great friend and brother, DAN I was lucky enough to tie into former men and women in the military than INOUYE. DAN and I have been here a Senator Fred Seaton who was Sec- Senator STEVENS. No one in Congress long time. Actually, he came to the retary of the Interior. I worked with has done more to make our Nation’s Senate before I got here. I was down- him for a period of almost 4 years and military the great institution it is town with the Eisenhower administra- left Washington as the Solicitor of the today. We all rely heavily on TED’s ex- tion when he arrived in the Depart- Department of the Interior, his reward pertise on so many defense-related ment of the Interior. I went home after to me for our working together. matters, as I believe many in this body that Presidency ended to Alaska and I was also honored to follow a good and throughout the Federal Govern- never expected to come back. But I did, friend, a friend I got to know during ment do. He is the Senate’s greatest and I am grateful for the outline of my the territorial days as we fought for asset with regard to the needs of the service that our Republican leader has statehood, and that was Bob Bartlett. military, and his knowledge about de- presented in the Senate. He was my predecessor. He was, during fense issues has proven invaluable I can only say two or three things. the time we were fighting for state- every time this Nation has faced a cri- One is that I would not be here now if hood, the delegate from the Territory sis in the last four decades. it wasn’t for a real understanding fam- of Alaska as a Democrat. Although TED is not the tallest man ily. My first wife was, and my current I think our relationship was almost in the Senate, my colleagues and I all wife, Catherine, has been supportive as close as the relationship I have with look up to the senior Senator from beyond anyone’s understanding. It is a Senator INOUYE. He was a fine man, a Alaska. When he comes to work in his long way to go home. I remember one great and distinguished public servant Incredible Hulk tie, you know he year I flew home 35 times—one day up for Alaska. I am honored to hold what means business and is ready to do and one day back, almost. But I have Alaskans call the Bartlett seat. whatever it takes to ensure legislation been away from my family a great I thank my colleagues again for the which improves the lives of Americans deal. I have 6 children and 11 grand- courtesy all have shown me. I passed a gets safely sheparded through the Sen- children and they have understood my milestone only because Strom made ate. commitment to the Senate. I do be- the mistake of being a Democrat for It has been my privilege to know and lieve that it would be impossible to be two terms. I am honored to have this work with TED for many years here in here without that type of support. recognition today. the Senate, and even though he has I also have been privileged and ask (Applause, Senators rising.) been described by some as gruff and that after my remarks, I be permitted The PRESIDING OFFICER (Mr. grouchy, I have always found him to be later to have printed in the RECORD a BROWN). The majority leader is recog- very helpful and patient. Take for ex- list of the dedicated young Alaskans nized. ample a few months ago when I was who have come down and worked with Mr. REID. Mr. President, when I meeting with several constituents from me in various positions; also, those came to Washington, Senator INOUYE— Utah in my DC office. During our con- who have worked with me at home. I I am sorry, Senator STEVENS. They are versations, we found that we needed have had a series of distinguished like brothers, and it is easy to get some expertise that only TED could chiefs of staff who have gone on to them mixed up—Senator STEVENS had provide. I hurriedly called him at home other functions and have shown what already been here 12 or 13 years. He has in Alaska without pausing to calculate training in the Senate can do for a a distinguished service: 38 years in this the time difference. Although it was young person. I think over a dozen of Chamber, going on 15,000 votes, deco- midmorning where I was sitting in DC, my chiefs of staff have gone through rated pilot in World War II. But there it was quite early in the morning in law school working full time in my of- are a number of instances that I want Alaska where a groggy TED STEVENS fice and going to school full time. We to spread on this record regarding Sen- courteously took my call, helped me sort of run a separate adjunct of the ator STEVENS. with the information I needed, and—I Senate, and that is a law school on the First of all, he has a relationship hope—promptly went back to bed to side, I think. that has already been mentioned with finish his night’s sleep. TED has shown I do believe I have had the honor of one of America’s great people, Senator similar types of courtesy and kindness serving with many great people. I DAN INOUYE. DAN INOUYE, of course, is to several Members of this body and he served with the people who were here a Medal of Honor winner. A gentleman has always proven able to balance the when I came here—Senator Baker, Sen- describes who he is. But the relation- delicate, yet competing, needs to main- ator Mansfield, Senator Scott, Senator ship between Senator INOUYE and Sen- tain good friendships and still move Magnuson, Senator Dole, Senator ator STEVENS, when the history books the work of the country forward even Jackson, Senator Cook, Senator Bible, are written, will be legendary. They when all sides are not in agreement. Senator Bell, Senator Hollings—there are friends, a Republican and a Demo- TED’s wisdom and his character have are so many. crat, who are like a couple of brothers. served as an example to everyone he I remember the time when Senator They have traveled the world over meets, and I am grateful for the oppor- McClellan, who was chairman of the many times, and the relationship is tunity I have had to serve the people of Appropriations Committee, took the something we should all recognize as

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8735 being possible in this Chamber. People The conversation that night with years—we look at those and we think: of different parties from different parts that man, who probably was a KGB TED STEVENS. of our United States can become plant, as we talked later, developed I don’t know how many of you are friends. Party affiliation is secondary into a great conversation. We were able aware of the history of our State as it to their relationship. to be regaled with conversations about relates to our lands and knowing and For me, the example they have set Senator Glenn in World War II and understanding that it was TED STEVENS has paved the way for the relationship Senator STEVENS in World War II fly- who moved these forward, whether it Senator ENSIGN and I have. We are ing airplanes for America’s interests was ANILCA, our land conservation from the same State, with totally dif- around the world. I always will remem- act, the Native Claims Settlement Act, ferent political philosophies, but our ber that. the effort to build the Trans-Alaska friendship is, in our own minds, com- Finally, I say to Senator STEVENS, at Pipeline, the Magnuson-Stevens Fish- parable to that of Senator STEVENS and this desk right here, you watched me eries Act, the Denali Commission— Senator INOUYE. Thank you very much, manage a few bills. We were able to fin- these are living legends, if you will, I say to Senator STEVENS and Senator ish an appropriations bill. You thought through legislation that came about INOUYE, for the example you have set I helped a lot. So you gave me the dis- through the dedication, through the for us. tinct honor of giving me one of your persistence, through the urging of Sen- I also want to relate to everyone Hulk ties, which I still have. ator STEVENS. something that is remarkable to me. I (Laughter.) We all want to believe, certainly, was serving in the House of Represent- We laugh and joke about that, but it that we work on behalf of the people atives when Senator Alan Bible died. meant a lot to me that Senator STE- we represent, but as we look to these Senator Bible served in the Senate for VENS thought enough of me to give me legislative victories, these legislative 20 years. He was a great public servant one of his ties. successes that Senator STEVENS has from the State of Nevada and a dig- So I say to Senator STEVENS, at this put in place over the years, I believe nified Senator who, because of illness, important occasion for you, of course, that truly demonstrates his commit- left the Senate after 20 years. and our country, recognizing you, your ment to the people of Alaska. When we When he died, there was a plane service in this body, the longest serv- think about providing the Native peo- available to take anyone who wanted ing Republican in the history of the ples with title to their lands, when we to go to the State of Nevada to his fu- Republic, I extend to you my apprecia- think about the educational challenges neral. I went, and the only other Mem- tion and my friendship. ber of Congress who traveled to Nevada that face us in this enormous State (Applause, Senators rising.) with geographic and rural challenges was TED STEVENS. It was a long way to The PRESIDING OFFICER. The Re- Reno, NV, where Senator Bible was that we can only imagine, when we publican leader is recognized. think about how we provide health buried, but TED STEVENS went. Why did Mr. MCCONNELL. Mr. President, the he go? Because on a very important care in a State such as Alaska, all we junior Senator from Alaska is on her need to do is look to the initiatives vote to Senator STEVENS that made the feet. I wanted to make sure you saw that have been put in place. difference between Senator STEVENS her. She will be seeking recognition. carrying the day or losing the day, Senator STEVENS has always—al- The PRESIDING OFFICER. The jun- Senator Bible stepped forward, as Sen- ways—kept Alaska first and has been ior Senator from Alaska is recognized. very selfless in his efforts to put his ator STEVENS said, courageously and Ms. MURKOWSKI. Mr. President, it voted with this Republican Senator. State, to put the people of Alaska first. Think about that: Senator Bible was gives me enormous pride to pay tribute We lovingly call him throughout the long gone, hadn’t been in the Senate to our senior Senator, to my senior State ‘‘Uncle TED.’’ for many years. He died. But Senator Senator, Mr. STEVENS, and to listen to And you chuckle, but I think it is STEVENS remembered Senator Bible the comments, to listen to the stories fair to say. They might not say it to doing something that he thought was from so many of you as colleagues and your face, TED, but behind your back beyond the call of his democratic duty. friends. they are always calling you Uncle TED, And so Senator STEVENS and I took For so many years—I think my whole because I hear it. They love it. The this lonely flight to Reno, NV, to at- life—I have grown up hearing the sto- people of Alaska love it when you put tend the funeral of my friend and Sen- ries about Senator STEVENS, and to un- on your Super Hero tie, when you wear ator STEVENS’ friend, Senator Bible. derstand how today—tomorrow, actu- the Hulk tie, because that is your sig- That speaks volumes about the kind of ally—he makes history as the longest nal that you mean business on behalf person Senator STEVENS is. serving Republican Senator. of the people of the State of Alaska. One of the highlights of my congres- What you all need to appreciate is You know, talk about people who sional service has been the ability to that so much of the history of TED STE- have minds as sharp as a tack, TED will travel all over the world. It is part of VENS is also the history of the State of come up to me and we will be talking our obligation as Members of Congress Alaska. They are inextricably tied, and about something and he will say, You to go see what American interests are we know that. So to be able to share remember back in 1973 when so-and-so doing around the world. On one of that with his friends and colleagues for said something to so-and-so? And I am those trips, I signed up to go as a so many years is so important. thinking, I was still in high school young Senator and was led by the great I truly appreciate the words of the back then; no, I don’t remember that. John Glenn and TED STEVENS. It was a Republican leader outlining the his- But he has such a grasp of the history memorable trip. I can remember—the tory, the very storied military career and the facts. I appreciated his com- Iron Curtain was down—leaving Aus- that Senator STEVENS had, under- ment that he doesn’t reminisce, but he tria and going into Czechoslovakia. standing how he went on to be the U.S. is not going to let go of the factual They stopped the train. In came the attorney for the territory at the time, background that has gotten us to KGB and other Iron Curtain soldiers. his schooling through UCLA, through where we are today. They looked under the train, in the Harvard. Coming back to the State of Senator STEVENS mentioned those train, and looked at all of us. We went Alaska is where we all kind of pick up who have worked for him, and he and I into Prague, and in a little diner, bar, with the history that is now legendary have a unique relationship in that I that evening, a man came in wearing a and is seen in so many places. was an intern for him. I credit him as flight jacket, a World War II flight Someone mentioned the TED STEVENS my first political mentor here. Wheth- jacket. Of course, Senator Glenn and International Airport. We look around er that means your staff will go on to Senator STEVENS had worn those flight to so many of the monuments in the succeed both you and me, who knows, jackets representing the United States State, whether it is the Trans-Alaska but I look to what you have provided as they flew airplanes: one a marine, Pipeline that has been delivering oil to me as I have joined the family of the one a member of the Army Air Corps. the lower 48 for the past 25-some-odd Senate here. I could not have asked for

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8736 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 a better mentor, a better colleague to Bass, Sandra R.; Bates, Gwendolyn J.; Behm, O.; Groseclose, Robert B.; Gruenberg, Max work side by side with as we move for- Yvonne D.; Beighle, Jon J.; Belcher, Janet F., Jr.; Gustufson, Carol. ward to advance the interests of the B.; Belon, Valerie L.; *Bennett, Doris C.; H State of Alaska. Bennett, Patricia A.; Bergstrom, Minta C.; Haggart, Richard G.; Halcomb, Patricia M.; Bertoson, Todd; *Bertrand, Joel; Binns, Henry, Diana L. (now Diana H. West / then I know I will have you to work to- Mahalia J.; Birch, Ronald G.; Blackwell, gether with for years to come, and I Diana H. Barnhart); Hall, Lisa C.; Halvarson, Michelle; Blanchard, Virginia; Boatman, Janet M.; Hansen, Paul G.; Hanson, Ingrid C.; join my colleagues again in acknowl- Robert W.; Bolton, Jerry K.; Bookout, Cyn- Harrison, Ardine; Haugen, Leif; Hayes, edging you on this truly historic occa- thia R.; Bombeck, Tui; Boone, Courtney; James; Hayes, Lindsay; Hays, Dorothy A.; sion. I think it is fair to say, as an Bourassa, Phillippe H.; Boyer, Robert L.; Hefke, Nancy L.; Hegg, Ruth E.; Hegyi, Alaskan, I feel personally blessed to Brandman, Sonja; Brandt-Erichsen, Svend Karen R.; Henry, Diana; *Henry, Martha have you and your leadership for our A.; Braniff, Mimi; Brewer, Martha J.; DeLynn; Henthorn, Deborah T.; Herman, State and our Nation, and for that I Bridenbaugh, Kathleen A.; Briggs, Michael Margaret G.; Hess, Carol (Logan); Hess, Kelly G.; Britt, Gloria; Britt, Sharon M.; Brown, thank you very much. A.; Hett, Susan Elaine; Hickling, Elizabeth Benjamin E.; Brown, Charlie L.; Brown, M.; Highbaugh, Rita K.; Hill, Cynthia L.; (Applause, Senators rising.) Lauren E.; Brown, Sylvia H.; Bryant, Julie; Hilscher, Hilary J.; Hinkley, Jeanette (Nich- Mr. STEVENS. Mr. President, I ask Bullock, George D.; Bundy, Elliot; Burnett, ols); Hobbs, Mary Jo; Hodson, Lona M.; unanimous consent that the list of John S.; Burnett, Ruth E.; Burnett, Suzanne; Hogan, John J.; Hozey, John; *Hughes, family and Senate staff to which I pre- Burnett, Wally; Burton, Larry D.; Butzlaff, Brian; Hultberg, Rebecca L.; Hutchison, viously referred, be printed in the Nathan B. Diane. RECORD. C I There being no objection, the mate- Cabaniss, Virginia Dale; Call, Kay L.; Iani, Frances S.; Irrigoo, Connie; Ivko, rial was ordered to be printed in the *Campbell, Nikki; Carlisle, Margo D.B.; Carl- Terri L. RECORD, as follows: son, Thomas L.; Castillo, Florence A.; J Causey, Janel (Anderson); Chaffins, Kath- FAMILY Jaehning, Leslie; Jeffress, R.D.; Jennings, erine E.; Chapados, Greg; Chapek, Rebekah Malin T.; Jessup, Carolyn R,; Johansen, Gary My wife, Catherine Ann Stevens, my de- A.; Christian, Diana F.; Christie, Monica A.; L.; Johnsen, Krag A.; Johnson, Louise L.; ceased wife, Ann Cherrington Stevens, who Chomski, Kathleen (Brown); Ciccone, Chris- Johnson, Myrtle F.; Johnson, Rhonda; John- left us due to our 1978 accident. We have six tine M.; Cipra, Fredesvinda K.; Clancy, son, Robert W.; Johnston, Martha R.; Jolly, children, Susan, Beth, Walter, Ted, Ben, and Lynda E.; Clark, Jane B.; Clements, Barbara; Claire Anne; Jones, G. Kevin. Lily; and our eleven grandchildren, Susan, Clements, Charles; Cole, Brent; Collins, Wil- K Ben, Augustus, Theodore II (Ben and Eliza- liam L., III; Colver, Jane D.; Comstock, Earl Kaplan, Gregory D.; Katongan, Adeline R.; beth Stevens family), Sally Masako (Ted and W.; *Connell, Elizabeth J.; Covington, G. Katz, John W.; Keller, Kristen L.; Kelly, Er- Junko Stevens family), Ann, Rachel and Dianne; Constantine, Janet A.; Cook, Caro- nest B., III; Kemppel, Denali A.; Kerezy, Elizabeth (Walter and Debbie Stevens fam- line W.; Cook, Cora J.; Corbin, Lelani; John D.; *Kerley, Patrick J.; Kerttula, Anna ily), Laura Beth, John Peter, and Sara Ann Corthell, Lisa L.; Costello, Earle E.; Cov- M.; Kidd, Margaret L.; King, Sara L.; (Susan and David Covich family). ington, G. Dianne; Cowen, James S.; Cowen, Kirchoff, Scharine; Kloster, Kendra; Joseph D.; Cox, Rebecca (Gernhardt); SENATE STAFF Konigsberg, Charles S.; Kozie, Michelle; Craddick, Elaine L.; Craddick, Jan O.; Kron, Stephanie A.; Kurth, Christine. CHIEFS OF STAFF Crawford, James M.; Crews, Darcy L.; L Ron Birch; George Nethercutt; Tim Crittenden, Benjamin R.; Crittenden, Evelyn Lack, Jonathon H.; Ladd, Priscilla D.; McKeever; Rebecca Cox; Bill Phillips; Greg M.; Crittenden, Harriet C.; Crosley, Margy Lahmeyer, Lillian A.; Lahmeyer, Michelle Chapados; Lisa Sutherland; Mitch Rose; M.; Crossman, Sally J.; Crow, Michelle (now E.; Landry, Jeffrey; Lang, Cheri A.; Lang, Carol White; Dave Russell; George Lowe. Maher); Cullen, Ann P. Deborah S.; Langton, Michal; Lappi, Karen D FORMER STAFF IN THE WHIP OFFICE D.; Larson, Dean M.; Larson, Michelle R.; Susan Alvarado—one of the first profes- Dalton, Kathleen F.; Dames, Edna M.; *Laudenberger, Theresa A.; Layton, Mark; sional female staff assistants to leadership. Dames, John C.; Daniels, Lorna; Darnell, Jo- Lawrie, Heather A.; *Leathard, Scott; Lee, Larry Burton—whip office. seph; Davidge, Ric; *Davis, Mark; Dearring, Claire K.P.; Leonard, Lindsay; Lewis, Irene DeLynn Henry—long term scheduler. Barbara G.; *Demopoulos, Nicolia; Derr, C.; Lock, Kathleen M.; Loewen, Reuben M.; H.J.; Devore, Jon M.; Devore, Michelle (But- STAFF DIRECTORS Logan, Douglas M.; Longnecker, Barbara A.; ler); Dewhirst, Mary K.; Dickey, H. Gen; Louis, Claudia J.; Lounsbury, Joel; *Lowe, Appropriations—Steve Cortese, Jim Dietz, Suzanne; Dinneen, Mark K.; Dittman, George H., IV; Lowe, Jennifer (Mies); Lund, Morhard; Commerce—Lisa Sutherland, David; Dittman, Terry; Dixon, Karen G.; Thomas R.; Lundquist, Andrew. Christine Kurth; Government Affairs— Donahue, Helen S.; Doogan, Laura; Dow, M Wayne Schley, Al McDermott; Rules—Al Wendi; Drager, Philip J.; Droege, Phillip; McDermott; Ethics—Bill Canfield; Whip—Re- Dunbar, Henry T. Macauly, Margie M.; Maculay, Gail C.; becca Cox; President Pro Tempore Office— Magnusson, Lori M.; Mai, Audra M.; E Jennifer Lowe; President Pro Tempore *Maitlen, Brandon; Maloney, Wayne; Martin, Emeritus Office—George Lowe. *Eames, Seth; Egan, James B.; Eklund, Bernadette V.; Martin, Guy R.; Mason, Pais- Nancy A.; Elerding, Mary Jane; Elliott, Nor- ley; Matsuno-Nash, Marie; May, Terence; ALASKA STAFF man H., IV; Elwell, Dan; *Engibous, Robyn; McAlpin, Jay A.; McCabe, John T.; McClees, Barb Andrews Mee; Marie Nash; Edie Evans, Ernest H. Charles J., Jr.; McCuthheon, Gloria; Opinsky; Jim Egan; Gloria McCutcheon; F McGuire, Lesil L.; McInerney, Anne E.; Ruth Burnett; Mike Dalton; Diane Hutch- McInturff, Janell A.; McKeever, Timothy A. inson; Connie McKenzie. Farr, Meghan; Farrell, Alycia; Fate, Julie Y.; Faunce, Mary L.; Feind, Gena M.; Fer- McKenzie, Connie; McLeod, Phillip W.; guson, John D.; Ferguson, Pamela G.; Menduno, F.M.; Messina, Gary S.; CURRENT AND FORMER STEVENS’ PERSONAL Fessenden, Lori Ann; Fink, Joshua; Fitch, *Michalski, Nathan; Miller, Alexis R.; Miller, OFFICE STAFFERS FROM 1969 TO APRIL 12, Karen M.; Flanders, Barbara; Flannigan, Mi- Terrence B.; Mock, Lisa C.; Moore, Elizabeth 2007 (*CURRENT STAFF MEMBER) chael J.; Fradley, Dennis C.; Franz, Joan L.; M.; Moran, Margaret A.; Moran, Michael P.; A Fraser, Robert C.; Frazier, Ernest M.; Morgheim, Jeffrey S. Motley, Allison H.; Albrittain, Nancy A.; Alexander, David M.; Freitag, Renee; Friehlke, Ann; Fromuth, Motznik, Lavonne L.; Murdey, Phyllis M.; Allen, Dorothy M.; Alowa, Allen D.; Alva- Peter J.; Fuller, Douglas S.; Fuller, Kim- Murphy, Ann Marie; Murphy, Lynne F. (now rado, Susan E.; Alvord, Melanie A.; Andrews, berly A. Hill); *Musgrove, John; Musko, Tonja J.; Myers, Joanne. Barbara A. (now Andrews-Mee); Andrews, G Christina; Angerman, Lillie; Arai, T. Juli- N Gallagher, Hugh G.; Gayman, Carol ette; Aravosis, John G.; Arness, Peggy M.; (Steiner); German, Penelope S.; Gibson, Nelson, James B.; Nethercutt, George R., Arnold, Susan L.; *Arthur, Will. Duane R.; Gilman, Bradley D.; Gilman, Lisa Jr.; Newman, Kathryn C.; Nichols, Steven; B C.K.; Gilman, Margaret; Gimm, Viola M.; Nicolet, Katherine L.; Niemi, Celia B.; Bahmer, Barbara A.; Bahmer, Gale O.; Bai- Glasmann, Michael J.; Godwin, Agnes C.; Nikzad, Cheri A.; Norton, Katherine H.; ley, Helen S.; Baker, Bridget L.; Baker, Eliz- Goodman, Stuart A.; Gore, Mary; Grane, Nosek, Peter C. abeth Anna-Marie; Baker, Laurie; Ballash, Kimberly; Grant, Ian; Graves, Roger K.; O Heather L.; Banks, Gary S.; Barbagallo, Gray, Louise A.; Green, Isaac A.; Greisen, O’Hara, Kristina D.; O’Leary, Michael S.; Nelly E.; Barnes, Mark; Bartosik, Curtis J.; David; Gregg, Samantha C.; Griffiths, Leslie Odom, Jane H.; Odom, Milton W., III; Oliver,

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8737 Lori Ann; Olson, Lori A.; O’Keefe, Sean; Weidlein, Patricia M.; Weiss, Kelly S.; Web- The PRESIDING OFFICER. Are there O’Keefe, Shannon B.; Opinsky, Celine; ster, Patricia S.; West, Jade C.; Wheeler, any other Senators in the Chamber de- Opinsky, Edith M.; Osborne, Jason M.; Ruth B.; White, Carol M.; Wilken, Alan W.; siring to vote? Otierney, Daniel P.; Oursler, Susan J.; Williams, Cynthia G.; * Williams, Kate N.; The yeas and nays resulted—yeas 94, Owletuck, George N. Winn, Robert L.; Wold, Joanne; Wolek, Gail nays 3, as follows: P A.; Williams, Anne M.; Wonder, E. Paul; Wes- ley, David H.; Wood, Sarah A.; Woodrow, [Rollcall Vote No. 129 Leg.] *Palmer, Suzanne; Parker, Carole A.; Par- Shirley A.; Woodworth, Glen E. sons, James; Patton, Penny E.; Paxton, Mat- YEAS—94 thew; Pence, Randall G.; Perdue, Karen R.; Y Akaka Durbin Murkowski Perles, Steven R.; Peterson, Darwin; Peyton, Yarmon, Joel; Yauney, James A. Alexander Ensign Murray Leonard James; Phillips, William D.; Pierce, Allard Enzi Nelson (FL) f Baucus Feingold Rosemary D.; Pignalberi, Marco A.; Pillifant, Nelson (NE) CONCLUSION OF MORNING Bayh Feinstein Obama Thomas H.; Pinnolis, Barry R.; Plunk, Karen Bennett Graham BUSINESS Pryor S.; Powers, Penny S.; Pugh, Kristen; Pusich, Bingaman Gregg Reed Shannon M. The PRESIDING OFFICER. Morning Bond Hagel Reid Boxer Harkin Q Roberts business is now closed. Brown Hatch Rockefeller Quam, Dana C.; Quinlan, Clarissa M.; f Brownback Hutchison Quisenberry, Jack B.; Quist, Linda A. Bunning Inhofe Salazar INTELLIGENCE AUTHORIZATION Burr Inouye Sanders R ACT FOR FISCAL YEAR 2007—MO- Byrd Isakson Schumer *Raabe, Aprille; Radakovich, Keith K.; Cantwell Kennedy Sessions Raffeto, John C.; Randall, William T.; Range, TION TO PROCEED Cardin Kerry Shelby Kimberly D.; Rawson, Debra; Raymond, Pa- The PRESIDING OFFICER. Under Carper Klobuchar Smith tricia A.; Reeve, Mary; Reeves, Katharine E.; the previous order, the Senate will re- Casey Kohl Snowe Rice, Eugenie A.; Richard, Ryan R.; Rich- Chambliss Landrieu Specter sume consideration of the motion to Clinton Lautenberg Stabenow ards, Bonnie E.; Richardson, Linda L.; Rich- proceed to S. 372, which the clerk will Cochran Leahy Stevens mond, Kristen K.; Rickett, Robert R.; Coleman Levin Sununu Rideout, Anita; Rigos, Chris J.; Robbins, report. The legislative clerk read as follows: Collins Lieberman Tester Jane A.; *Robbins, Mark; Roberts, Laury; Conrad Lincoln Thomas Rogers Candice; Rogozinski, Janet L.; Roots, Motion to proceed to S. 372, a bill to au- Corker Lott Thune John; Rose, Mitchell F.; Rosenquist, Jane S.; thorize appropriations for fiscal year 2007 for Cornyn Lugar Vitter Craig Rosenquist, Matthew; Rosenwald, Cynthia the intelligence and intelligence-related ac- Martinez Voinovich Crapo McCain tivities of the United States Government. Warner M.; Rubinstein, Pamela A.; Ruff, Richard; DeMint McCaskill Webb Rugg, William J.; Rushton, A. Lyell, III; CLOTURE MOTION Dole McConnell Russell, David C. Domenici Menendez Whitehouse The PRESIDING OFFICER. Under Wyden S the previous order and pursuant to rule Dorgan Mikulski Sandahl, Virginia; *Saunders, Aaron; XXII, the Chair lays before the Senate NAYS—3 Schabacker, Chris; Schaefermeyer, Darryl J.; the pending cloture motion, which the Coburn Grassley Kyl Schafer, Jennifer A.; Schemmel, Cheryl A.; clerk will report. NOT VOTING—3 Schley, Wayne A.; Schneider, Mark; Schroer, The legislative clerk read as follows: Jo Anne W.; Schultheis, Bruce E.; Schwartz, Biden Dodd Johnson Judith A.; Scott, Shirley A.; Seekins, Kerri CLOTURE MOTION We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this L.; Seelbaugh, Patricia A.; Shaftel, Douglas; vote, the yeas are 94, the nays are 3. Sharp, Amy R.; Shaver, Victoria L.; Shaw, ance with the provisions of rule XXII of the Douglas B.; Shepherd, Leslie C.; Sherbert, Standing Rules of the Senate, do hereby Three-fifths of the Senators duly cho- Eva M.; Shore, Mary E.; Shoup, Sharon; Sil- move to bring to a close debate on the mo- sen and sworn having voted in the af- ver, Steven W.; Simpson, Maryann; Slick, tion to proceed to Calendar No. 20, S. 372, In- firmative, the motion is agreed to. Sherrie A.; Slovikosky, Beverly A.; Smith, telligence Authorization. Who seeks recognition? The Senator Robert B.; *Sorensen, Ray; Southall, A. Harry Reid, Sherrod Brown, Claire from Montana is recognized. Doris; Spaan, Michael R.; Sparck, Amy; McCaskill, Jack Reed, Jon Tester, Mr. BAUCUS. Mr. President, I sug- Sparck, Michelle; Spencer, Mark E.; Spils, Patty Murray, Jeff Bingaman, Amy Klobuchar, Blanche L. Lincoln, Evan gest the absence of a quorum. Carol A.; *Spinelli, Lindsey; Springer, Mark The PRESIDING OFFICER. The A.; St. Sauver, Beverly K.; Staser, Jeffrey B.; Bayh, Benjamin L. Cardin, Max Bau- Stealey, Katherine; Stealey, Mary L.; cus, Pat Leahy, Chuck Schumer, Byron clerk will call the roll. Stenehjem, Connie M.; Stengl, Susan P.; L. Dorgan, Ken Salazar, Dick Durbin. The bill clerk proceeded to call the Stepovich, Antonia M.; Stepovich, Laura M.; The PRESIDING OFFICER. By unan- roll. Stepovich, Melissa M.; Stevens, Elizabeth imous consent, the mandatory quorum Mr. KERRY. Mr. President, I ask (Engelken); Steverson, Judith (Garnett); call has been waived. unanimous consent that the order for Stiefel, Justin; Stokes, Robert C., III; Stone, The question is, Is it the sense of the the quorum call be rescinded. Michelle A.; Stone, Sandra; Sullivan, H. The PRESIDING OFFICER (Mr. Paul, Jr.; Sumpter, Gerri; Sunne, Anne C.; Senate that debate on the motion to TESTER). Without objection, it is so or- Sutherland, Lisa; Sutherland, Scott A.; proceed to consideration of S. 372, a bill Swan, Lulu; Sykes, Gwendolyn; to authorize appropriations for fiscal dered. Mr. KERRY. I ask unanimous con- T year 2007 for the intelligence and intel- ligence-related activities of the United sent that I be permitted to proceed in Taft, Margo L.; Tanner, Patrick; Terlesky, morning business and that I be fol- Juanita S.; Tess, Terry L.; Todd, James M.; States Government, the Intelligence Todd, Karen G.; Tony, Paul D.; Trimble, Community Management Account, and lowed by the Senator from North Da- Mary H.; Thompson, Pamela S.; Trump, Mar- the Central Intelligence Agency Re- kota. sha V.; Teeley, Sandra E.; Turner, Lewis N.; tirement and Disability System, and The PRESIDING OFFICER. Without Tyser, Sue E. for other purposes, shall be brought to objection, it is so ordered. U a close? Mr. KERRY. I also ask unanimous Utter, Brian. The yeas and nays are mandatory consent that the time be charged to the postcloture time. V under the rule. The clerk will call the roll. The PRESIDING OFFICER. Without Vallet, Paul P.; Vaughn, Philip; objection, it is so ordered. Vanderjack, Andrew; Verble, Saga O.; Von The bill clerk called the roll. Gemmingen, Brett; Vrem, Lisa S. Mr. DURBIN. I announce that the IRAQ W Senator from Delaware (Mr. BIDEN), Mr. KERRY. Mr. President, I rise to * Wackowski, Steve; Wagoner, Norman B.; the Senator from Connecticut (Mr. speak about the situation in Iraq, not- Wallace, John Foster; * Waller, Karina; Wea- DODD), and the Senator from South Da- withstanding that the headlines and ver, Karen; Weaver, Robert C., Jr.; Weddle, kota (Mr. JOHNSON) are necessarily ab- the television shows over the last days Aaron; Wahto, Heidi A.; Weddle, Justin; sent. have been consumed by discussions

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8738 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 about what happened with the Duke la- service to country after years of a ca- speaks out about a war they were per- crosse team and comments made by reer in the U.S. military. What did Ma- sonally involved in helping to plan, Don Imus and other things. rine GEN Jack Sheehan say? He is not saying: We have to change course. Yesterday, I attended another fu- an opponent of this administration, nor They are somehow called unpatriotic neral for a young soldier, a sergeant in is Army GEN Jack Keane, nor retired and disloyal, and somehow that threat- the U.S. Army, 10th Mountain Division, Air Force GEN Joseph Ralston. All ens the civilian control of the Armed Chris Wilson, at Arlington. That is three declined. None of them are oppo- Forces. How does an ex-military officer where the real focus of our country nents of this administration. In fact, who has the right to speak out threat- ought to be right now, on the war in they all have established ties with this en civilian control of the Armed Iraq, about which yesterday the Sen- administration. Why would our top Forces? It is the scare tactic, the usual ator from Arizona gave a speech that I military commanders decline such a approach of this administration—try to thought was divisive, a speech that was high-level position? throw out a big red herring, put the more political than one that offered a General Sheehan, a 35-year marine straw man out there and debate the solution, because the solution is not who once served as the top NATO com- straw man instead of debating the real more of the same. The solution is not mander, summed it up pretty well in strategy of the war. to characterize the war as it has been what I thought was an extraordinary In the end, it took an election. The characterized over the course of the statement. American people spoke out. That is last 41⁄2 years, as a do-or-die fight He said: what replaced Secretary Rumsfeld, not against al-Qaida over there or it is The very fundamental issue is they [the the advice of the men and women who going to be over here. This is the most administration] don’t know where the hell had seen him nearly break the military amazing scare tactic we have seen em- they’re going. they had served for decades. That was ployed over the last years. It avoids re- That is a 35-year retired Marine gen- the administration’s choice. But it ality, and it draws the United States eral: didn’t stop there. Ask General Casey or deeper and deeper into a position of . . . they don’t know where the hell they’re General Abizaid, who warned that more loss of credibility and loss of leverage going. U.S. troops would not solve Iraq’s secu- in our ability to do what we need to do. Then he said: rity problem and could actually slow I don’t know one person in the Sen- So rather than go over there, develop an the process of getting Iraqi security ate who cheers for surrender or cheers ulcer and eventually leave, I said no thanks. forces to assume more responsibility. for loss or for chaos in Iraq. To suggest It is pretty incredible that three re- The Joint Chiefs of Staff, who unani- that is an insult to the Members of the tired four-star generals, whose careers, mously opposed this escalation—what Senate. It is an insult to those of us whose service to the Nation, whose un- happened to listening to the Joint who care as much about victory and as derstanding of the military is a life- Chiefs of Staff and their recommenda- much about success and as much about time of experience, all said no to the tion? General Abizaid was replaced. the lives and support of our troops as Commander in Chief. General Casey was reassigned. The anybody in public life today. The dev- The President insists he listens to Joint Chiefs were overruled. Yesterday, astating attack in Baghdad yesterday, the generals, not the politicians. He we learned that the Pentagon is going the lack of any real political progress ought to heed his own advice and end to stretch our overextended military as a result of the President’s esca- the disgraceful record of ignoring the even further by extending combat lation, and the incredible toll this is very military administration he pro- tours and reducing the time between taking on our Armed Forces deserves a fesses to believe in. Again and again rotations to provide the additional real debate, not a polarized, divisive this administration has turned its back troops necessary for the President’s appeal to the lowest common denomi- on the best advice of the military. misguided escalation. What do our nator of fear in American politics. Each time they have done so at our military leaders have to say about It also deserves a debate about what peril. Start with General Shinseki, who that? Robert Scales, a retired Army this administration could learn if it lis- we all now agree was right when he two-star general, said that to sustain tened to our generals. We are now more said we needed a lot more troops and this deployment while giving soldiers than 4 years into the war in Iraq and, was met with dismissal. As the former the training and the rest they need tragically, it is only now that the ad- top operating officer at the Pentagon, would require twice as many Army and ministration suddenly realizes: Wow, a different Marine lieutenant general Marine Corps brigades as we have maybe we ought to find one individual put it: today. Then he warned, this two-star who can coordinate the war efforts be- The commitment of our forces to this fight Army general, that the Army is about tween Afghanistan and Iraq and have was done with a casualness and swagger that to be ‘‘broken.’’ the authority to coordinate the mili- are the special province of those who have We are hearing our own generals talk tary efforts and civilian efforts. But never had to execute these missions—or bury to us again about what is happening to they are doing it at a time where ap- the results. our military that is overstretched and parently no one wants the job, and no Instead of listening to General about to be broken. Those are not our one wants the job in the most extraor- Shinseki, the administration decided words; those are the words of military dinary way. It says a lot, when the to push him aside, give him the cold personnel. Barry McCaffrey, retired President finally decides to appoint a shoulder, and eventually retirement. Army four-star general, who recently war czar in order to get everybody on Last year, retired high-ranking mili- returned from another factfinding trip the same page, that the situation in tary leaders, many of whom played key to Iraq, tells us that combat equipment Iraq is actually so bad and the adminis- combat or planning roles in Afghani- for both the Active and Reserve compo- tration’s stubborn willingness to stan and Iraq, came forward and pub- nents ‘‘is shot.’’ His conclusion was change course so persistent that they licly called for the resignation of De- simple: can’t, at least as of now, find anybody fense Secretary Donald Rumsfeld. There is no argument of whether the U.S. to take the job. Across the administration, the warn- Army is rapidly unravelling. I read yesterday’s articles on the ings of those who wore the uniform of At a time when mistake after mis- front pages of our paper in Washington. their country all their lives and who, take is being compounded by the very I was really stunned. This administra- retired or not, did not resign their citi- civilian leadership that ignored expert tion has approached three retired four- zenship in order to serve their country military advice in the invasion and oc- star generals about taking on this all were dismissed as acts of disloyalty cupation of Iraq, those who understand task. Maybe Senator MCCAIN ought to or as threats to civilian control of the that the price for each mistake is being stop and think about why those gen- Armed Forces. Think about that. A re- paid by our troops must be heard. The erals resisted an appeal to their patri- tired military officer who isn’t wearing message from the generals who were of- otism, to their sense of duty, to their the uniform, earned their retirement, fered the war czar position has been

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8739 crystal clear. If they really thought completion. The Iraqis are still at did, and we did transfer the authority. the administration had a strategy that square one when it comes to amending The same thing for the two elections could succeed in Iraq, why would they the Constitution and disarming the mi- and the referendum. I remember them turn down the job? There is a very good litias. Still the President refuses to im- saying: ‘‘We have to push this off. We reason for their skepticism. This ad- pose any meaningful consequences on are not ready for the election. Can’t ministration simply refuses to accept the Iraqis for failure to meet these participate.’’ We said: ‘‘No. We’re going the reality of how you change course or benchmarks. to have this firm date. We’re going to even that you must fundamentally Now, again, I listened to the speech have an election.’’ And guess what. We change course in Iraq. of the Senator from Arizona yesterday had the two elections. We had the ref- We keep hearing that the escalation in which he talked about those who ad- erendum. We got the Constitution, is showing progress. While the level of vocate surrender and those who cheer flawed as it is. But we pushed people to Iraqi civilian casualties may have gone for the potential of loss. Again and understand this was not open-ended down in Baghdad, it has gone up in again, our military leaders have said and interminable. other parts of the country. Why? For there is no military solution in Iraq. The fact is, I do not believe young the obvious reason that they have the General Abizaid said it. General Casey Americans ought to be dying or flexibility of choosing where they will said it. Most recently, General maimed to provide a window of oppor- engage. Almost a certainty, some came Petraeus—new on the job—reiterated tunity for Iraqi politicians to continue to the floor and predicted: Put more there is no military solution. The to procrastinate, to give them the troops into Baghdad, they will retreat President has said it. The Secretary of cover they need and want to be able to into the shadows, into other commu- State has said it. Donald Rumsfeld said manipulate and maneuver and position nities. They will probe, they will find it. themselves for power. That is not what the weaknesses, and that is where they But where is the diplomatic effort our troops went over there to do. If you will reengage. That is precisely what necessary within the whole Middle go back and reread the resolution we has happened. The overall casualty East, let alone in Iraq alone, to lever- voted on here, it was to deal with Sad- rate in Iraq has remained essentially age the kind of transformation that is dam Hussein, it was to deal with the the same. necessary to end the civil war? And weapons of mass destruction; it was Just today we learned of a dev- how dare the Senator from Arizona not to put our troops in the middle of astating suicide bombing in the Iraqi only talk about the fundamentals of al- a civil war and engage in the kind of Parliament, right in the heart of the Qaida and how if we don’t fight them struggle we are involved in today. heavily fortified Green Zone. Ten peo- over there we will fight them over Mr. President, another thought about ple died, including two Iraqi law- here, when the fight is really one be- this issue. Again, there are those run- makers, along with any sense of per- tween civil parties in Iraq? ning for President on the Republican sonal security in what is supposed to Yes, al-Qaida is in Iraq. We under- side who I guess have found that the be the safest part of Baghdad. It is a stand that. Yes, al-Qaida has the abil- orthodoxy of their primaries requires strange definition of the progress we ity to be able to bomb something and them to go out and suggest that Demo- have been hearing about. How are more create trouble as a consequence of crats want something they do not American troops going to stop a single that. But the real violence, the funda- want. So maybe we have not learned fanatic with explosives strapped to his mental divisions, the piece of this anything about the truth in American or her chest? which is extending the stalemate and politics. But the fact is, no Democrat One thing we do know is American the American presence at the same whom I know of has suggested aban- troops are paying the ultimate price time is the unwillingness of the Shia doning Iraq. No Democrat has sug- for this escalation. In the first 7 weeks, and Sunni and the politicians who are gested inviting chaos—more than the the number of U.S. troops who died in fighting for position and for the future chaos that exists today. Baghdad doubled. On Monday alone, we spoils of Iraq itself—their unwilling- In fact, we have what we believe is a learned of two more soldiers from Mas- ness to resolve those differences. plan for success, and it does not leave sachusetts who died in Iraq, CAPT An- The longer the U.S. military stays Iraq without the presence of American thony Palermo, age 26, of Boston, MA, there saying: We are here, we are going troops—I might add, to the chagrin of and SGT Adam P. Kennedy, 25, of Nor- to do this, we are going to go out and some people in this country who think folk, MA. The administration says that do the pacification, we will do the mili- it ought to. It leaves the President the these men and women are giving their tary backup—as long as that security discretion to finish the training of lives because the purpose of this esca- blanket is there, those politicians Iraqis. That is the principal thing we lation is to allow the Iraqis space to know they can take as long as they ought to be there to do. And it leaves make the political deals that we all want to come to any compromise. the President the ability to be able to agree are the only hope for ending the I have heard some of our own dip- decide how many troops are necessary civil war. But if the violence is going lomats in the region express their con- to complete the task of training the down in Baghdad, where is the political cern about the open-endedness and ex- Iraqis. It also leaves the President the progress? We keep hearing that the press the lack of leverage over the discretion to decide what the President Iraqis are getting closer to a deal on Iraqis themselves that helps us bring a needs in order to prosecute al-Qaida. It sharing oil revenues. I think we have resolution here. does not walk away from the battle had the Secretary of State in front of The only way in which you can against al-Qaida. It leaves those spe- the Foreign Relations Committee at change the dynamic on the ground is cial forces and special operations and least twice that I can think of in which when the administration accepts the intelligence-gathering and other oper- she has said: We are almost there, we simple reality that this Congress has ations necessary to continue to pros- are nearing a deal. The last time was a now voted on, that the Iraqi politicians ecute al-Qaida. Finally, it leaves the month and a half ago, maybe 2 months have repeatedly shown they only re- President the discretion to be able to ago. Where is the deal? Every time, spond to a deadline, a deadline to leave such forces as are necessary to hopes for a final deal turn out to be an transfer the authority. Remember protect American facilities and per- illusion. Where is the rapidity of the that, back when Ambassador Bremer sonnel. Iraqi response to the political com- was there and we said: ‘‘We are going Now, how much more discretion, at promises that need to be made to re- to change the provisional government. this point in time, after 4-plus years of solve this? We are going to transfer authority to war, when they have made every deci- The de-Baathification law that is a Iraq,’’ and they said: ‘‘Oh, no, we’re not sion wrong, should we allow the Presi- key part of the national reconciliation ready. Don’t do this.’’? But we said: ‘‘It dent? People say: Don’t micromanage process was recently denounced by is going to happen. It is going to hap- the war. Somebody has to manage this Ayatollah Sistani and is nowhere near pen on this date. Get ready.’’ And it war because the folks who are in there,

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And this President and Vice there, with his hat in his hand held in patrols in ways that are, in many President want to talk about under- front of him, with tears in his eyes. cases, provocatively dangerous and in- mining the troops? The journalist asked this working man, vite the kinds of injuries they are get- Let’s have a debate with an adminis- who had been standing in line for some ting, without the gain on the back end tration that sent them into battle in long while: Did you know Franklin as a consequence of the risk they have Iraq with serious injuries and other Delano Roosevelt? The working man taken, I think that is unacceptable. medical problems, including some looked back at him and said: No, I Last month, Iraq’s neighbors and key whose doctors said they were too in- didn’t. But he knew me. players from the international commu- jured to even wear their body armor. The question is, Who knows Amer- nity finally got together at a con- You want to have a debate about un- ican workers today? I ask that ques- ference in Baghdad. Guess what. Noth- dermining the troops? Then how about tion because I read in the paper that ing tangible came out of the con- failing to provide them with the proper Circuit City, a pretty well-known cor- ference. There is no sense of urgency medical care when they come home poration in this country, has decided it about the upcoming meeting in Egypt, with broken bodies and minds, with a wants to lay off 3,400 workers. Here is which is why a deadline is so essential. VA budget that is inadequate, with a what Circuit City said about those The countries in the region need to hospital situation that does not follow workers: know this dynamic is going to change. up and honor the sacrifice they have It had nothing to do with their skills or To the degree they are concerned made? How about the extended tours in whether they were a good worker or not. about Iran, to the degree they are con- Iraq, where people have given up their That is according to a Circuit City cerned about their Sunni brothers—and jobs and their livelihoods because they spokesperson. they are; Saudi Arabians, Jordanians, are in the National Guard and they Now, this sort of thing follows on the Egyptians are predominantly Sunni, have been called up repeatedly, and heels of the offshore outsourcing of and they are deeply concerned about they are the sole proprietor of a busi- many other American jobs, American the Sunni minority in Iraq. But they ness? How about that? companies shutting down. There is no need to translate that concern into a It seems to me Congress has done more Fruit of the Loom underwear regional security plan where there is a what the President and this adminis- made in America, no more Levi’s made greater level of assistance in order to tration have stubbornly refused to do. in America, no more Huffy bicycles force the kinds of compromises nec- We have recognized the best way you made here, no more Fig Newton cook- essary between the parties. Absent support the troops is to change a failed ies made here. There are no more Radio that, this is just going to go on. policy. The best way you support the Flyer little red wagons made in Amer- We owe it to our troops and to our troops is to implement a strategy that ica. It is all gone. It is all outsourced. country to have an honest debate and works for those troops. The best way Those workers all got fired. Pennsyl- to try to work together to find the way you support the troops is to guarantee vania House Furniture. I could go forward in Iraq. I think the speech Sen- we put in place a strategy that honors through the long list. ator MCCAIN gave yesterday, in which their sacrifice and really leverages the We understand that even as compa- he said Democrats were cheering for real interests and real stakes of the nies outsource jobs to China in search defeat and surrender in Iraq, does a dis- United States in the region. of 30-cents-an-hour labor, other compa- service to the Senator from Arizona as I think we ought to honor the lives nies that keep their jobs here have de- well as to the U.S. Senate. I think he lost, not with words and not with divi- cided to put downward pressure on knows better. And he knows full well sive speeches, but we ought to honor wages to be competitive, so we see the that no one here wants to see Iraq fall them with lives saved. That starts by announcement of Circuit City. Three apart. But we have a different plan for putting aside the hollow rhetoric and thousand four hundred workers need to how you prevent it. We have a different the straw men that have undermined a be laid off because they are paid an av- plan for how you achieve success. real debate for far too long and by sup- erage of $10 to $11 an hour; they are fir- It seems to me that a plan that says porting an exit strategy that preserves ing workers making 50 cents above the the President has the discretion to our core interests in Iraq, a strategy average. They plan to replace them leave troops that are necessary to com- that negotiates a new security arrange- with new workers who will work for plete the training is not, on its face, an ment for the region; helps to leverage substantially less, and they say they abandonment of Iraq. It is an alter- the kind of participation of other coun- are going to save $110 million through native way of achieving the leverage tries that have an interest in standing these firings and replacements. necessary to be able to get the re- up to Iran; and regains our credibility But Circuit City executives actually sponses we have not gotten over the in the region, which has been tattered seem to be doing a little better than last 4 years. with Abu Ghraib and Guantanamo, not the workers. The employees are losing So, Mr. President, we disagree on the to mention the policies in Iraq them- their jobs, but the CEO gets $10 million strategy, but we do not disagree on the selves. a year. The chairman gets $10 million, stakes. The Vice President hides be- Our own CIA has told us the current the CEO gets $10 million, the executive hind similar rhetoric. He dares to strategy is creating more terrorists, VP gets $6 million. This is from a com- claim that those who offer a new way that it is emboldening the radical pany that lost money. I don’t know. forward are ‘‘undermining’’ our troops. Islam extremists. What we are offering Maybe in some towns that seems to Well, I have had enough of that rhet- is a strategy that we believe better work. In my hometown, it wouldn’t oric. I have had enough. And I think speaks to America’s values, to Amer- work very long. most of my colleagues have. ica’s interests, and, most of all, to our It seems to me we are becoming a so- Undermining our troops? Let’s have obligation to the troops. ciety of disposable workers, run by that debate, Mr. Vice President. This is I yield the floor. those who don’t think workers make a Vice President who helped send them The PRESIDING OFFICER. The Sen- much of a difference in this country. into combat without adequate protec- ator from North Dakota. Circuit City said they will start hiring tion, without adequate numbers of AMERICAN WORKERS replacements immediately. Anybody troops, without an adequate plan, with- Mr. DORGAN. Mr. President, there is can apply for the jobs except for the out the guarding of the ammo dumps, a poignant story about the days fol- Circuit City workers who were fired. without the kind of engagement dip- lowing the death of Franklin Delano They have to wait 10 weeks, and then

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8741 they can reapply for the job at a lower Jack Welch, a celebrated CEO, wrote the ones who made this company suc- salary. the book ‘‘Winning,’’ and after he re- cessful and, as a result, I made a lot of So let’s put some names to these tired from General Electric, he got a money. I want to share some of it with 3,400 workers. I pulled some out of the package he was sufficiently embar- you. He included in the Christmas card newspaper. rassed about, once it was disclosed, a check computed on the number of Bobby Young worked 20 years for Cir- that he decided to give some of it back. years of service which some employees cuit City. He got a letter from his boss His package included an $80,000-a- found to be over $20,000, and, by the saying he was fired. It was addressed month Central Park apartment during way, he said, I have prepaid your Fed- ‘‘To Whom It May Concern.’’ It is unbe- his retirement, lifetime use of the com- eral income taxes on this money. Ac- lievable. He said he is 47 years old. pany jet, membership at an array of cept this as a token of my appreciation ‘‘What they did as a company to me, country clubs, maid service at multiple because you were the company, you it’s not the American way,’’ he says. homes, limousines and prime tickets made this company successful. To Whom It May Concern: You are and several homes. Contrast that, if you will, with these fired. It tells you a little something I don’t understand how we have come days all the discussions in the news- about the concern about the workers, to the point where the average CEO in paper about Circuit City who has to get doesn’t it? this country, the average CEO of rid of 3,400 workers. Why? Because we Alan Hartley, Charlotte, NC. He Standard & Poor’s 500 companies, made want to hire less-experienced workers, thought he and other top employees $14.7 million. CEOs on average are paid and we want to bring them on for less were being called into a special meet- 411 times more than the average work- money; $11 an hour is too much. ing because he thought they were going ers in this company. Think of that. In Or, perhaps, Wal-Mart, which sends to be recognized for outstanding per- 1965, CEOs on average were paid 25 an internal memorandum around. A formance, but it wasn’t quite that way. times more than the average worker. top executive writes a memo in Wal- They decided they were going to be rec- Now it is 411 times more. Yesterday I Mart and says the cost of an asso- ognized to be laid off because they opened the paper and read that Sprint ciate—that is an employee, by the way, should be replaced with lower paid CEO got a compensation package of but you know this notion of ‘‘asso- workers. Now he says they are going to $21.3 million, the former Nextel chair- ciate.’’ In my hometown there was a hire people who aren’t properly trained man got $36.2 million. Sallie Mae, by one-eyed, 3-legged dog with fleas they for the jobs to help take care of the the way, in the business of providing named ‘‘Lucky,’’ so names don’t mean customers. student loans, their chief executive of- very much. I haven’t told my kids yet. They don’t ficer got a package of $16.6 million and know I just got fired for doing a good job. a bonus of $2.5 million as a part of that. So he says, the cost of an associate Steven Rash made $11.59 an hour; Ford Motor lost $12.6 billion last year. with 7 years of tenure is 55 percent worked for the company 7 years. He It went out and recruited a new chair- more than the cost of an associate with was working another full-time job as man—oh, by the way, for the chairman, 1 year of tenure, and yet there is no well—two jobs to pay off his student when the company lost $12.6 billion, difference in his or her productivity. debt. that chairman got $10.5 million last Message? Don’t let people stay around It is not just Circuit City. There are year. They just went to hire a new guy very long. Let’s have a lot of turnover other companies. I will not go through and he got a $28 million package which here. Let’s have people around who the whole list of companies. David includes an $18 million bonus. don’t know anything so we can pay Leonhart of the New York Times said The average CEO who was fired last them nothing. This is going on in this that companies are wringing out what year got $9 million in severance. country, and the question is, Who is they see as inefficiencies. The ineffi- Abraham Lincoln once said there is going to stand up for American work- ciency of paying $11.50 an hour; God no America without labor and to fleece ers? Who decides for a change that the forbid we should overpay people by the one is to rob the other. expansion of the middle class in this $11.50 an hour, plus give them a little There is a man named Bob Negley. country, where workers were paid well, health insurance and retirement as Bob Negley is quite a remarkable busi- was something that represented the part of their compensation. Well, when nessman, a very unusual businessman. success of the American economic en- pensions and health insurance and He ran a company called Rollerblade. gine? Who is going to decide that? $11.50-an-hour salary is viewed as an in- Most of us know about Rollerblade. I These companies that decide that efficiency, there is something wrong in like to rollerblade, personally—inline workers are like wrenches: use them up this country. He also says this is a cor- skates. I think it is a great sport. I and throw them away, it doesn’t mat- porate safety net that is being taken haven’t even broken a bone. Maybe I ter, or will they decide, once again, as away. There is no corporate safety net. shouldn’t say that, but I like to Franklin Delano Roosevelt did, or as It is a basic American standard of liv- rollerblade. Bob Negley ran Rollerblade did that worker standing with his hat ing that workers have bargained for. and then he sold it. After he sold it, he in his hands said: I know American Let me ask the question whether this did something that is very unusual in workers. That President knew Amer- applies to everybody. No, it doesn’t. It this country. He moved to Florida, ican workers. Will we decide finally just applies to workers, the people who midyear, sold his position in that American workers have value in take a shower after work. It just ap- Rollerblade, that controlling position, this economic system? plies to those people. Top executives— and moved to Florida. Then Christmas- Sure, we can outsource everything. in 2006 there were 35 chief executives time came around and all the workers We can ship all these jobs to China and who were fired for poor performance who worked for Bob Negley who made pay people 30 cents an hour to make bi- and, combined, they got $799 million Rollerblades began to get Christmas cycles to be sold in America. We can payment as they went out the door. cards from Bob Negley and his wife. In decide that we are going to get rid of Pfizer’s chairman, he got $200 million the Christmas card as they opened it all these workers and replace them when he bailed out of that company, up was a check from this man who had with $8- or $6-an-hour people. Is that despite the fact the company had lost previously owned the company 6 what is going to build a better coun- more than $130 billion in value. Home months before. With the check was a try? Is that what is going to expand the Depot chairman, he got fired on the note and it said this: I sold this com- middle class? There is no social pro- very first day of 2007. He got $210 mil- pany and I made a lot of money, but I gram in this Chamber that we debate lion as he went out the door. United understand what made this company and talk about that is as important to Health Group, he somehow ended up successful. It was all of you. You the American people as a good job that with $1.1 billion in stock options as he worked out there in the plants and in pays well with good benefits. It is time, went out the door. I don’t quite under- the factories, you worked in engineer- long past the time we start to remem- stand all these things. ing, you worked in marketing, you are ber that.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8742 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 Yes, I used some company names pending tax increase that is out there— of 2001. Mr. President, 44 percent is not here and I have described some sever- tomorrow, almost—a few years away if enough, but that 44 percent is more ance packages. Perhaps I shouldn’t sin- we don’t do anything to stop the big- than the big fat zero percent in the gle those companies out, but the fact is gest tax increase in the country, or House-passed budget resolution. The they put themselves on the front sec- that will be, in fact, the biggest tax in- House-passed budget resolution pro- tion of the business section of these crease in the country. vides no revenue room for the exten- newspapers with their own news: We So as the budget resolution slowly sion of tax relief, meaning that the ma- want to get rid of 3,400 employees; works its way through Congress, one jority of the House of Representatives that’s what Circuit City says. I am say- especially important issue wrapped up right now is taking a position on the ing that is a value system which ig- in this whole great big budget resolu- budget to let the biggest tax increase nores the fact that workers are your tion and document is the longevity of in the history of our country go into company. I told a company that was in the bipartisan tax relief that was en- effect without a vote of Congress. to see me not so long ago: Your brand acted in 2001 and 2003, and this very day What does that mean, besides the is a brand all of us recognize. Your those tax decreases for working men biggest tax increase in history? It brand is not just something painted and women are still in place and will be means things such as no tuition deduc- someplace; it is the people who work in place through the year 2010. It has tion for people sending their kids to for your company. If you don’t under- always been my goal, when you have college, no teacher deduction for the stand that, at some point that brand Chairman Greenspan saying that this supplies the teacher might buy out of will be worth virtually nothing. This tax relief for working men and women their own pocket. Those are just a cou- country needs to begin to understand, is the reason the economy has re- ple of popular items that would expire once again, and honor, once again, bounded, that we should continue this at that particular time that would be a work and working men and women who tax relief into the future, because if it small part of the biggest tax increase struggle every day. They get up, they is the goose that laid the golden egg of in the history of the country, hap- work, they work hard, they give you an 7.8 billion new jobs being created since pening without the vote of the people. honest day’s work, and they come the recession, then we ought to keep I would like to think that I am an op- home and try and raise a family and do that golden egg working for the Amer- timist, but in conferencing two resolu- all the things that make life in this ican taxpayer. tions, which cover 44 percent on the country worthwhile. All too often Some people may not give the con- part of the Senate and zero percent on these days we see this notion that tents of a budget resolution much con- the part of the House, I am doubtful of somehow, by some companies, workers sideration since it does not get signed reaching a number greater than the al- don’t have value, don’t have worth. into law by the President but is merely ready inadequate number of 44 percent That is a very serious mistake. Both in a set of guidelines for tax and spending provided in the Senate. This stands in public policy and I hope in the private decisions that apply to Congress as we stark contrast to the budget that the sector, we need to turn this around and make permanent law and as we make President submitted this February and understand this country’s success de- decisions on tax policy for the future. to the budgets the President has sub- pends on expanding the middle class, Those tax and spending decisions must mitted over each of the last 6 years. All on providing opportunities for the peo- go to the President for his acting on of those budgets provided the revenue ple in this country—opportunities, yes, them and then become law. room to make bipartisan tax relief per- for a good job that pays well, to take For this reason, along with anyone manent. In other words, the President care of families and provide the things who supports tax relief, we are very is asking Congress to take action so you want for a good life in this coun- concerned about the budget resolutions that the biggest tax increase in the his- try’s future. passed by the Democratic majorities in tory of our country would not happen; Mr. President, I yield the floor, and I the House and Senate that are now in and if it did happen, it would happen make a point of order that a quorum is conference. Yes, this is a Republican without a vote of the people. He thinks not present. Senator. I am in the minority now that Congress making a decision for The PRESIDING OFFICER (Mr. since the last election. So I want to tax relief for working men and women WHITEHOUSE). The clerk will call the raise these concerns as a responsibility provided the incentive, according to roll. of the majority and to alert the Amer- Chairman Greenspan, for the economic The legislative clerk proceeded to ican people about what the majority recovery—and we have now created 7.8 call the roll. might be up to, or if they are not up to million new jobs—and ought to be Mr. GRASSLEY. Mr. President, I ask it, what the consequences are if noth- made permanent tax policy. In other unanimous consent that the order for ing happens. words, don’t kill the goose that has the quorum call be rescinded. This concern is derived from the fact laid the golden egg. The PRESIDING OFFICER. Without that the two budget resolutions—the The Democratic budget resolutions objection, it is so ordered. one in the House and the one in the can be best represented by a chart that Mr. GRASSLEY. Mr. President, when Senate—do not provide for the exten- I have here which shows that in terms I am done—and I think that will be in sion of tax relief beyond 2010. What of the guaranteed tax relief proposal, about 15 or 20 minutes—I ask unani- does it mean when I use the words the they amount to a big goose egg for the mous consent the Senator from Texas, budget resolutions do not provide for American taxpayer. We have it right Mr. CORNYN, follow me. ‘‘the extension’’ of tax relief beyond here on the chart. That is a big fat The PRESIDING OFFICER. Without 2010? That means, if Congress takes no zero. If they are lucky, I suppose col- objection, it is so ordered, so ordered. action, we will have the biggest tax in- lege-bound taxpayers could sell this BUDGET crease in the history of the country, goose egg back to the Democratic lead- Mr. GRASSLEY. Mr. President, 2 and we will have that tax increase ers in the House and Senate because weeks ago we passed the budget resolu- without even a vote of the Congress. they will need the money if they are tion in the Senate. One week after For the first time in more than 6 not able to deduct the cost of tuition. that, the House passed their budget years, Congress is sending a message, What is even more inexplicable than resolution. So we are in a position of then, that there is no guarantee of con- the Democrats’ failure to extend the being conferenced between the House tinued tax relief. In fact, the Demo- popular and bipartisan tax relief en- and the Senate on a budget resolution, cratic budget resolutions say the very acted in 2001 and 2003 are some of the and I thought at this point I ought to opposite. The budget resolution passed reasons given. The chairman of the give some updates, particularly as it by the Senate only provides 44 percent Budget Committee this year basically relates to the work of the Committee of the revenue necessary to extend said that since the Republicans wrote on Finance, and particularly as it re- these popular, bipartisan—and let me that law—forgetting that it was bipar- lates to the issue of taxes and an im- emphasize bipartisan—tax relief bills tisan in 2001; how clever to ignore that

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8743 fact—it is our problem. The leftwing of I’d say, though, that is a very risky way to sent them to government to serve ONLY the blogosphere has echoed that mes- live because then you’re totally at the mercy themselves! sage of the Democratic leadership. of selfish, economy saboteurs who we have In regard to the left side of the stupidly elected to our very own govern- [From Care2 News Network] ment. What a shameful group of individuals THE MONSTER REPUBLICAN TAX HIKE blogosphere, I will briefly describe two they are, too! Caring nothing for their coun- posts my staff found on the Internet. try. Caring only for their selfish, hogging COMMENTS The first comes from a scholar of gov- selves! Everyone of them should be tried as Blue Bunting: Tuesday April 3, 2007, 8:32 ernment who posts the Daily Kos under traitors! pm the name of ‘‘piec.’’ I may be mispro- Look back to recent history, to May 17, Last week I made a note to link to this nouncing that, and if so, it is uninten- 2006. What happened on that day? Bush post at Obsidian Wings. I just spotted the signed the extension of the Jobs and Growth note. tional. Hilzoy notes the commentary in some According to piec’s analysis, the Tax Tax Relief Reconciliation Act of 2003 (JGTRRA). The new bill, called the Tax In- quarters that: Increase Prevention and Reconciliation crease Prevention and Reconciliation Act of Following the example set by their Senate Act of 2005, which was signed last May 2005 (TIPRA), didn’t have anything to do brethren last Friday, House Democrats will by President Bush, was a ‘‘poison pill’’ with stimulating the economy in a post-911 adopt a budget resolution containing the designed to sabotage the economy to period. Bush and his fellow Republicans largest tax increase in U.S. history amid increase the prospects of Republican knew that the war wasn’t going well and massive national inattention. Bet you didn’t know that, eh? The Dems candidates in 2012. The argument seems that the U.S. people were down on them for it. The mood of the country was becoming are already pushing through the largest tax to be that having popular and bipar- increase in U.S. history! and nobody is pay- tisan tax relief from 2001 and 2003 all increasing more anti-Republican with every U.S. soldier that came home in a coffin. The ing attention! Anyway, Hilzoy digs a bit further into the sunset at the end of 2010 would cause Republican party was bleakly looking to- story. It really is worth reading. such an economic mess that the Demo- ward the November 2006 elections and surely Long story short . . . Republican Con- crats, assumed by the blogger, piec, to would lose their tails off. The party needed gresses chose not to make their tax cuts (or, be in power at that time, will take the to do some long-range planning. Thus, the as PGL would note, their tax deferments) TIPRA passed legislature: The House of Rep- blame and suffer at the polls. permanent. They didn’t have to put in a sun- resentatives approved (H.R. 4297) by a vote of Wouldn’t it have been nice if I could set clause—they chose to, in an attempt to 244 Republicans to 185 Democrats opposed, think as chairman, when we wrote that make long term projections look better. and the Senate approved it 54 Republicans to bill, that I was smart enough to see Even with that obfuscation, the situation no 44 Democrats opposed. ahead from 2001 to 2012? Thank you, longer looks quite so rosy. But . . . if the Yes, this was long-range planning. TIPRA new Democratic Congress doesn’t do what piec, for giving me that credit. But I was a poison pill for the U.S. economy be- the Republican Congresses that preceded it didn’t know that. We passed it because cause it extended the pain that people would failed to do, namely make the tax cut per- of the rules in place at that particular start feeling in their pocket books beginning manent, well, that’s the equivalent of the time. It had to sunset. on January 1, 2008. Originally, 2008, a presi- Democrats pushing the largest tax increase dential election year, was set up to be the Another observer of Government in history. ONLY year that the capital gains tax rates posted comments under the name of Maybe it’s just me . . . but since this for 10 percent and 15 percent bracketed filers ‘‘Blue Bunting’’ to the ‘‘Care2 News whole thing was planned and executed by a would drop from 5 percent to 0 percent. Network.’’ In a posting titled ‘‘The Republican Congress under a Republican Short term, this bottoming out of tax rates President, shouldn’t we be referring to this Monster Republican Tax Hike,’’ Blue in those tax brackets would stimulate the as the Republican’s tax increase? And my bet Bunting says that the ‘‘Republican market and, thus, the economy. But because is that there are a lot of Republicans in Con- Congresses chose not to make their tax of the extension created with TIPRA, the gress now, and that will be seeking re-elec- cuts . . . permanent.’’ Her argument rock bottom percentage would not be a tion some time soon, that voted for this mas- ‘‘good thing’’, but a huge market-swinger, a seems to be that Republicans put sun- sive tax increase. set clauses in a bill solely to improve market-swinger toward recession—simply Blue Bunting: Tuesday April 3, 2007, 9:07 the long-term budget projections and because the Republicans wished the ‘‘good pm that responsibility for the expiration of thing’’ to become a poison pill and, thereby, Fact Check drag controlling-democrats down into a spi- Robert Novak wrote this in today’s Wash- tax relief rests completely with the Re- raling hole for the duration of three, entire publicans, even though the Republicans ington Post: years. ‘‘Following the example set by their Sen- are in the minority. The implication is On January 1, 2011, as the law now stands, ate brethren last Friday, House Democrats that by lowering taxes, Republicans everything will sunset. This, 2011, is the will adopt a budget resolution containing the are responsible for a tax increase that third year of the next presidential election largest tax increase in U.S. history amid would occur when the Democratic ma- cycle. Right when the country will be deep- massive national inattention. jorities control both Houses of Con- ening into recession, the tax brackets will Nobody’s tax payment will increase imme- gress, even though taxes coming in sunset. This means that everything tax-wise diately, but the budget resolutions set a pat- will be as it was pre-911. Ten percent, 15 per- tern for years ahead. The House version from all the taxes that the Federal cent, 25 percent, 28 percent, 33 percent, and Government collects run to a 50-year would increase non-defense, non-emergency 35 percent tax brackets will become, once spending by $22.5 billion for next fiscal year, average of what they have been, 18.6 again, 15 percent, 28 percent, 31 percent, 36 with such spending to rise 2.4 percent in each percent of GDP. If it has been that way percent, and 39.6 brackets. Actual cash dol- of the next three years. To pay for these in- for 50 years, what is the problem? lars will be squeezed out of every man, creases, the resolution would raise taxes by Now, these blogs I have just referred women, and child in the form of raised taxes, close to $400 billion over five years—about to, these commentaries, are available and just when they thought that they $100 more than what was passed in the Sen- to anyone if you want to read them on- couldn’t bleed anymore. The capital gains ate.’’ tax rates will also sunset. The post-911 tax Heavens, I said to myself, what can Robert line. But to make it easier, I ask unan- brackets of capital gains and qualifying divi- imous consent that they be printed in Novak possibly be talking about? The Demo- dend rates of 0 percent for 10 percent and 15 crats budget (pdf, h/t The Gavel) does not ac- the CONGRESSIONAL RECORD. percent bracketed filers and 15 percent for tually contain any tax increases: There being no objection, the mate- everyone else will become the old 10 percent And yet this claim that the Democrats’ rial was ordered to be printed in the for gains in the 15 percent bracket and all budget contains a tax increase is being cited RECORD, as follows: others will be 20 percent. Plus, that screwing all over the place. So what’s up? [From the Daily Kos, Feb. 27, 2007] five-year holding period rule will be back to Novak gives us a clue: trap people again for good. Yes, TIPRA’s ‘‘It had been assumed that the new Demo- TIPRA, THE POISON PILL (A COMMENTARY) only purpose was to sabotage the U.S. econ- cratic majority would end President Bush’s (By Piec) omy and drive the power of Congress back to relief in capital gains dividend and estate I was reading the diary, ‘‘Capital Gains and Republicans in 2012. taxation. The simultaneous rollback of Dividend Tax Cuts Are Robbery’’ by Dean It absolutely makes me sick to see fellow Bush-sponsored income tax cuts was a sur- Nut 2/18/2007. Interesting thought . . . to Americans operate like this . . . tear the prise.’’ have all your income coming from invest- whole country and weaken it, just to satisfy Ah, Rolling back the Bush tax cuts. But ment just to have a lower tax. some evil, selfish desire for power. We never wouldn’t that still require some actual

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8744 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 changes in revenues from the baseline pro- Indigo Star Nation: Saturday April 7, 2007, There being no objection, the mate- jections? A GOP Budget Caucus press release 11:14 pm rial was ordered to be printed in the gives us further details: Impeachment is the only way to end these RECORD, as follows: Note that word ‘automatic’. It’s quite wor- atrocities and reclaim America’s conscience rying. How did the Democrats manage to and honor. HAVING IT BOTH WAYS create an automatic tax increase? Don’t tax http://www.care2.com/c2c/groups/ The Republicans want it both ways on increases normally have to be enacted? I disc.html?gpp=11736&pst=633140 budgets and expiring tax cuts. If you look at hope so. It would be awful if tax increases Read this thread and take action to im- the CBO’s budget outlook, there will be a could just happen automatically. Come to peach. surplus in 2012. However, the only reason for think of it, it would be even worse if it turns Also follow my news shares on withholding that is that the temporary tax cuts of the so- out that this isn’t confined to the tax code, your taxes as a protest. called Economic Growth and Tax Relief Rec- and all sorts of laws could be passed auto- Mr. GRASSLEY. To begin with, it is onciliation Act of 2001 will expire on January matically. I mean, who knows what the U.S. completely ridiculous to suggest that 1, 2011. When a temporary tax cut expires is Code might decide to do to itself, without President Bush and Republicans in gen- that a tax increase or not? When the Presi- the intervention of any human agent? We eral did not intend or desire the perma- dent Bush brags that the budget will be bal- could wake up one morning to find that ping nence of tax relief. President Bush and anced in 2012 without tax increases, he is pong had been automatically criminalized, my party generally have favored per- saying that letting a tax cut expire is not a or that a requirement that all Americans tax increase. But when Republicans debate wear silly clown costumes had automatically manence of tax relief—not just because it brings in less money, but because extending the tax cuts, how many Repub- come into force, or that all our national licans do you think will cast letting a tax parks had automatically sold themselves to permanence of tax policy—when inves- cut expire as a tax increase. All of them. It’s WalMart. The possibilities are horrifying. tors and laborers can depend on the tax fundamentally dishonest and disgusting. I Imagine my relief when I realized what was policy, you are going to get better just hope that we can get this fact through actually going on. The Bush tax cuts are set planning long term. It is better for the to the American people. to expire automatically. They were written that way. What the Democrats are proposing economy. Mr. GRASSLEY. Mr. President, re- to do is simply not to change this. Mr. President, you need to look no sponding to another criticism, it is Moreover, guess who wrote these sunset further than the budgets to which I completely off the mark to say the tax provisions into the tax increases? The Re- have referred. The administration and relief bills were written by Repub- publicans, that’s who. They were trying to the Republican Congress have budgeted licans. It is almost as if the Demo- make the tax increases seem less fiscally ru- for an extension of the bipartisan tax cratic leadership is saying that tax re- inous than they were, so they made them relief provisions. That action has af- last only so long before they expired. (This is lief was passed by a National Repub- why I expect 2010 to produce a spike in mor- fected the bottom lines of these budg- lican Congress and not by the Con- tality among the very rich; the heirs of peo- ets. And as we heard over and over gress. ple who die during 2010 pay no estate tax; the again, the Democratic leadership, the The 2001 bill was written by a bipar- heirs of people who die in 2011 pay 50% on all liberal think tanks, and sympathetic tisan majority and was opposed by a the money they inherit above the level at east coast media have criticized the partisan minority led by the Demo- which the estate tax kicks in. As Paul bottom lines of those budgets. So the Krugman said, ‘‘That creates some inter- cratic leadership. The conference re- Democratic leadership, the liberal port to accompany the law that was esting incentives. Maybe they should have think tanks, and the sympathetic east called it the Throw Momma From the Train entitled the Economic Growth and Tax Act of 2001.’’) coast media cannot have it both ways. Relief and Reconciliation Act passed So here’s what Novak’s ‘‘largest tax in- We are not going to let them have it the Senate on May 26, 2001. crease in U.S. history’’ actually comes to the both ways. They cannot shut off the bi- I ask unanimous consent that the in- Republicans passed a series of tax cuts that partisan tax relief, take credit for the formation pertaining to that rollcall be they set up to expire. They intended to make supposed deficit reduction, and also printed in the CONGRESSIONAL RECORD them permanent, but never got around to it. claim that there is tax relief in this The Democrats are proposing to leave their so we can show it was a bipartisan roll- tax cuts alone. But this counts as a tax in- budget that passed the Senate 2 weeks call. crease, apparently on the grounds that what- ago and the House a week ago. There being no objection, the mate- ever Republicans sorta kinda thought they Getting back to the blog I referred rial was ordered to be printed in the were going to do, but never actually got to, the Daily Kos, one posted as RECORD, as follows: around to doing, counts as already done, and ‘‘Ortcutt’’ agrees with this point. U.S. SENATE ROLLCALL VOTES 107TH CON- anyone who proposes to leave things alone Ortcutt, however, incorrectly identifies GRESS—1ST SESSION AS COMPILED THROUGH counts as undoing the things they were in- the purveyor of the phony logic. The SENATE LIS BY THE SENATE BILL CLERK tending to do. That’s a fun way to think. Maybe we blogger puts it on Congressional Re- UNDER THE DIRECTION OF THE SECRETARY OF should also count the Democrats as having publicans and President Bush. As the THE SENATE dramatically increased the budget deficit, on hard, cold numbers in the Democratic VOTE SUMMARY the grounds that the Republicans kinda budget resolutions and floor debate in Question: On the Conference Report (H.R. sorta said they were going to make it go the CONGRESSIONAL RECORD show, 1836, Conference Report). away, so even though they didn’t, we should Democrats claim that expired tax re- Vote Number: 170; Vote Date: May 26, 2001, act as though they did and compare what- lief is not a tax hike. Let me emphasize 11:25 a.m. ever deficits the Democrats incur to the Re- that. Required For Majority: 1/2; Vote Result: publicans’ imaginary balanced budget. Are we going to let people get away Conference report agreed to. Maybe, if things in Iraq continue to go Measure Number: H.R. 1836. badly, we should compare that not to the sit- with that, when they know what the Measure Title: A bill to provide for rec- uation when the Democrats took over, but to law is on December 31, 2010, and the onciliation pursuant to section 104 of the the situation that would have obtained if the biggest tax increase in the history of concurrent resolution on the budget for fis- Republicans had in fact produced a beacon of the country is going to happen, with- cal year 2002. democracy that transformed the Middle out a vote of the people? And when Vote Counts: YEAs 58; NAYs 33; Present 2; East, and say: hey, you awful Democrats, we that happens, they are saying it is not Not Voting 7. were being greeted with flowers and candy, ALPHABETICAL BY SENATOR NAME and hailed as liberators, and now look what’s a tax hike? happened to Baghdad!!!! Surely, they don’t think the Amer- Akaka (D–HI), Present, Giving Live Pair Or maybe we should try living in the real ican people are that stupid. The Demo- Allard (R–CO), Yea world. The Democrats are proposing to leave cratic leadership are the folks trying Allen (R–VA), Yea tax laws written and enacted by Republicans to claim that their budgets, which Baucus (D–MT), Yea alone. That does not count as increasing don’t provide the revenue room for ex- Bayh (D–IN), Nay Bennett (R–UT), Yea taxes. pired tax relief, don’t contain tax Michaelena Whittaker: Thursday April 5, Biden (D–DE), Nay 2007, 11:21 am hikes. Hogwash. Bingaman (D–NM), Present, Giving Live Pair Ditto, Blue . . . it’ all a political ploy, as I ask unanimous consent to have Bond (R–MO), Yea usual (‘‘High Treason’’ has been THE neocon printed in the RECORD the Ortcutt com- Boxer (D–CA), Not Voting agenda since the 80’s.) ment. Breaux (D–LA), Yea

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8745 Brownback (R–KS), Yea Lincoln (D–AR), Yea Hawaii: Akaka (D–HI), Present, Giving Bunning (R–KY), Yea Lott (R–MS), Yea Live Pair; Inouye (D–HI), Nay. Burns (R–MT), Yea Lugar (R–IN), Yea Idaho: Craig (R–ID), Yea; Crapo (R–ID), Byrd (D–WV), Nay Wellstone (D–MN), Nay Yea. Campbell (R–CO), Yea Wyden (D–OR), Nay Illinois: Durbin (D–IL), Nay; Fitzgerald (R– Cantwell (D–WA), Nay GROUPED BY VOTE POSITION IL), Yea. Carnahan (D–MO), Yea YEAs—58 Indiana: Bayh (D–IN), Nay; Lugar (R–IN), Yea. Carper (D–DE), Nay Allard (R–CO) Frist (R–TN) Murkowski (R– Chafee (R–RI), Nay AK) Iowa: Grassley (R–IA), Yea; Harkin (D–IA), Cleland (D–GA), Yea Allen (R–VA) Gramm (R–TX) Nelson (D–NE) Not Voting. Clinton (D–NY), Nay Baucus (D–MT) Grassley (R–IA) Nickles (R–OK) Kansas: Brownback (R–KS), Yea; Roberts Cochran (R–MS), Yea Bennett (R–UT) Gregg (R–NH) Roberts (R–KS) (R–KS), Yea. Collins (R–ME), Yea Bond (R–MO) Hagel (R–NE) Santorum (R– Kentucky: Bunning (R–KY), Yea; McCon- PA) nell (R–KY), Yea. Conrad (D–ND), Nay Breaux (D–LA) Hatch (R–UT) Sessions (R– Corzine (D–NJ), Nay AL) Louisiana: Breaux (D–LA), Yea; Landrieu Craig (R–ID), Yea Brownback (R– Helms (R–NC) Shelby (R–AL) (D–LA), Yea. Durbin (D–IL), Nay KS) Maine: Collins (R–ME), Yea; Snowe (R– Edwards (D–NC), Nay Bunning (R–KY) Hutchinson (R– Smith (R–NH) ME), Yea. Ensign (R–NV), Yea AR) Maryland; Mikulski (D–MD), Nay; Sar- Burns (R–MT) Hutchison (R– Smith (R–OR) Enzi (R–WY), Not Voting banes (D–MD), Nay. TX) Massachusetts: Kennedy (D–MA), Nay; Feingold (D–WI), Nay Campbell (R– Inhofe (R–OK) Snowe (R–ME) Feinstein (D–CA), Yea CO) Kerry (D–MA), Not Voting. Fitzgerald (R–IL), Yea Carnahan (D– Jeffords (R–VT) Specter (R–PA) Michigan: Levin (D–MI), Nay; Stabenow Frist (R–TN), Yea MO) (D–MI), Nay. Graham (D–FL), Nay Cleland (D–GA) Johnson (D–SD) Stevens (R–AK) Minnesota: Dayton (D–MN), Nay; Gramm (R–TX), Yea Cochran (R–MS) Kohl (D–WI) Thomas (R–WY) Wellstone (D–MN), Nay. Collins (R–ME) Kyl (R–AZ) Thompson (R– Grassley (R–IA), Yea Mississippi: Cochran (R–MS), Yea; Lott (R– TN) MS), Yea. Gregg (R–NH), Yea Craig (R–ID) Landrieu (D– Thurmond (R– Hagel (R–NE), Yea LA) SC) Missouri: Bond (R–MO), Yea; Carnahan (D– Harkin (D–IA), Not Voting Crapo (R–ID) Lincoln (D–AR) Torricelli (D– MO), Yea. Hatch (R–UT), Yea NJ) Montana: Baucus (D–MT), Yea; Burns (R– Helms (R–NC), Yea DeWine (R–OH) Lott (R–MS) Voinovich (R– MT), Yea. OH) Nebraska: Hagel (R–NE), Yea; Nelson (D– Hollings (D–SC), Nay Ensign (R–NV) Lugar (R–IN) Warner (R–VA) Hutchinson (R–AR), Yea NE), Yea. Feinstein (D– McConnell (R– Nevada: Ensign (R–NV), Yea; Reid (D–NV), Hutchison (R–TX), Yea CA) KY) Inhofe (R–OK), Yea Fitzgerald (R– Miller (D–GA) Nay. Inouye (D–HI), Nay IL) New Hampshire: Gregg (R–NH), Yea; Smith Jeffords (R–VT), Yea NAYs—33 (R–NH), Yea. New Jersey: Corzine (D–NJ), Nay; Johnson (D–SD), Yea Bayh (D–IN) Dodd (D–CT) McCain (R–AZ) Kennedy (D–MA), Nay Biden (D–DE) Dorgan (D–ND) Mikulski (D– Torricelli (D–NJ), Yea. Kerry (D–MA), Not Voting MD) New Mexico: Bingaman (D–NM), Present, Kohl (D–WI), Yea Byrd (D–WV) Durbin (D–IL) Nelson (D–FL) Giving Live Pair; Domenici (R–NM), Not Cantwell (D– Edwards (D–NC) Reed (D–RI) Kyl (R–AZ), Yea Voting. WA) New York: Clinton (D–NY), Nay; Schumer Landrieu (D–LA), Yea Carper (D–DE) Feingold (D– Reid (D–NV) McCain (R–AZ), Nay (D–NY), Nay. WI) North Carolina: Edwards (D–NC), Nay; McConnell (R–KY), Yea Chafee (R–RI) Graham (D–FL) Rockefeller (D– Mikulski (D–MD), Nay WV) Helms (R–NC), Yea. Miller (D–GA), Yea Clinton (D–NY) Hollings (D–SC) Sarbanes (D– North Dakota: Conrad (D–ND), Nay; Dor- Murkowski (R–AK), Yea MD) gan (D–ND), Nay. Conrad (D–ND) Inouye (D–HI) Schumer (D– Ohio: DeWine (R–OH), Yea; Voinovich (R– Murray (D–WA), Not Voting NY) Nelson (D–FL), Nay OH), Yea. Corzine (D–NJ) Kennedy (D– Stabenow (D– Oklahoma: Inhofe (R–OK), Yea; Nickles (R– Nelson (D–NE), Yea MA) MI) OK), Yea. Nickles (R–OK), Yea Daschle (D–SD) Levin (D–MI) Wellstone (D– Oregon: Smith (R–OR), Yea; Wyden (D– Reed (D–RI), Nay MN) OR), Nay. Reid (D–NV), Nay Dayton (D–MN) Lieberman (D– Wyden (D–OR) CT) Pennsylvania: Santorum (R–PA), Yea; Roberts (R–KS), Yea Specter (R–PA), Yea. Rockefeller (D–WV), Nay Present—2 Rhode Island: Chafee (R–RI), Nay; Reed (D– Santorum (R–PA), Yea Akaka (D–HI) Bingaman (D– RI), Nay. Sarbanes (D–MD), Nay NM) South Carolina: Hollings (D–SC), Nay; Schumer (D–NY), Nay Not Voting—7 Thurmond (R–SC), Yea. Sessions (R–AL), Yea Boxer (D–CA) Harkin (D–IA) Murray (D–WA) South Dakota: Daschle (D–SD), Nay; John- Shelby (R–AL), Yea Domenici (R– Kerry (D–MA) son (D–SD), Yea. Smith (R–NH), Yea NM) Enzi (R–WY) Leahy (D–VT) Tennessee: Frist (R–TN), Yea; Thompson Smith (R–OR), Yea (R–TN), Yea. Snowe (R–ME), Yea GROUPED BY HOME STATE Texas: Gramm (R–TX), Yea; Hutchison (R– Specter (R–PA), Yea Alabama: Sessions (R–AL), Yea; Shelby (R– TX), Yea. Stabenow (D–MI), Nay AL), Yea. Utah: Bennett (R–UT), Yea; Hatch (R–UT), Stevens (R–AK), Yea Alaska: Murkowski (R–AK), Yea; Stevens Yea. Thomas (R–WY), Yea (R–AK), Yea. Vermont: Jeffords (R–VT), Yea; Leahy (D– Thompson (R–TN), Yea Arizona: Kyl (R–AZ), Yea; McCain (R–AZ), Nay. VT), Not Voting Thurmond (R–SC), Yea Virginia: Allen (R–VA), Yea; Warner (R– Torricelli (D–NJ), Yea Arkansas: Hutchinson (R–AR), Yea; Lin- coln (D–AR), Yea. VA), Yea. Voinovich (R–OH), Yea Washington: Cantwell (D–WA), Nay; Mur- Warner (R–VA), Yea California: Boxer (D–CA), Not Voting; Feinstein (D–CA), Yea. ray (D–WA), Not Voting. Crapo (R–ID), Yea Colorado: Allard (R–CO), Yea; Campbell (R– West Virginia: Byrd (D–WV), Nay; Rocke- Daschle (D–SD), Nay CO), Yea. feller (D–WV), Nay. Dayton (D–MN), Nay Connecticut: Dodd (D–CT), Nay; Lieberman Wisconsin: Feingold (D–WI), Nay; Kohl (D– DeWine (R–OH) Yea (D–CT), Nay. WI), Yea. Dodd (D–CT), Nay Delaware: Biden (D–DE), Nay; Carper (D– Wyoming: Enzi (R–WY), Not Voting; Thom- Domenici (R–NM), Not Voting DE), Nay. as (R–WY), Yea. Dorgan (D–ND), Nay Florida: Graham (D–FL), Nay; Nelson (D– Leahy (D–VT), Not Voting FL), Nay. Mr. GRASSLEY. Mr. President, the Levin (D–MI), Nay Georgia: Cleland (D–GA), Yea; Miller (D– 2001 tax relief bill passed the Senate Lieberman (D–CT), Nay GA), Yea. with 58 yeas. At that time, the Senate

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Those 58 yeas in- and Democrats when Democrats want sibility for the biggest tax increase in cluded 12 Democrats, nearly one-quar- to make a provision of the tax law per- the history of the country happening ter of the 50 Democrats sitting in the manent law. without a vote of the people when they Senate at that particular time. If all of As I go through these examples, ev- would have had the cooperation of Re- those Democrats had voted against the eryone needs to remember that holding publicans to make sure it was perma- conference report, it would have failed. the majority in the Senate is not a nent and to make sure this biggest tax Clearly, it is ridiculous to say this ticket for either party to force its increase doesn’t happen. was purely a Republican bill. Given the agenda down the other party’s throat. Several times since November, I have experience the Democratic leadership Senate rules encourage cooperation by heard that elections have con- has had with cloture votes in the past giving the minority many opportuni- sequences, and one of those con- few months, I would expect them to ap- ties to check the majority, and this be- sequences is for the winner having in- preciate the necessity of working on a comes even more evident when those creased responsibility. Since Demo- bipartisan basis in this body. This is majorities are very slim as they are crats have made tax relief provisions the only political institution of our right now—51 Democrats, 49 Repub- permanent in the past—and I have system where minority views are pro- licans. And they have been very slim given only two examples—they can tected and must be respected because for the last several Congresses. likewise do it again, and they will have of no limit on debate, called a fili- I say this to point out that the Holo- Republican cooperation to make it buster, and it takes 60 percent, a super- caust Restitution Act became perma- happen. majority, to overcome a filibuster to nent because Republicans and Demo- One of the bloggers I cited earlier get to finality. That is where Demo- crats worked together to make it per- points out the economic calamity that crats were protected when they were in manent, and it would not have been would befall our country if all tax re- the minority for the last 6 years. This sent to the President if one side or the lief was allowed to expire at the end of is where Republicans are going to be other wanted to block it. 2010. On this specific point, he is cor- protected for the next 2 years—and I will give one more example that oc- rect, and I gave a speech to this effect hopefully no longer than 2 years—as a curred last summer as part of the pen- right here on this floor on March 1 minority. sion reform bill. We call that the Pen- where I cited a study done by the Wall It takes 60 votes to get permanent sion Protection Act of 2001. It passed Street firm of Goldman Sachs. tax relief. The bottom line is, we didn’t the Senate 93 yea votes and made per- If something is not done to extend or have the 60 votes in 2001 and 2003 for manent—now here we have bipartisan make permanent tax relief before the making these bipartisan tax relief cooperation to make permanent other end of 2010, American families, working plans permanent. And with a couple ex- parts of the tax bill—the retirement se- families, will be hit with a wall of tax ceptions I will discuss shortly, over the curity provisions of that 2001 tax bill. increases that is currently built into last 6 years, we haven’t had the 60 Even if every Republican supported the the Democratic budget resolution. votes for permanent tax relief. bill, a united Democratic caucus could I have a chart. This chart shows, ac- So tax relief in 2001 was not made have held back the five additional cording to the U.S. Treasury, not ac- permanent because the Democratic votes needed for final passage if they cording to this Senator from Iowa, a leadership and the liberal core of the chose. family of four with $40,000 of income Democratic caucus have refused to sup- Clearly, Democrats have a record of will be subjected to an average tax in- port permanence, and that is apparent working with Republicans to make tax crease of $2,052 all at once. The Demo- now more than ever with the budget relief provisions permanent when they crats, now in the driver’s seat, need to that is in conference between the choose to do it. So why not work in the decide whether they are going to let House and Senate. same way to make the rest of that tax that wall go up, whether that wall is Of course, last November, the Demo- law of 2001 and 2003 permanent so we going to stand between this taxpayer crats won control of both Houses of don’t have the biggest tax increase in and more money for them to spend in- Congress. I wonder if the House Demo- the history of the country without a stead of more money for me to spend cratic leadership will be sending over vote of the American people, so we will for them, or are they going to take ad- any bills to make tax relief permanent. have permanence of tax law, so work- vantage of the opportunity we give I doubt it. Even if the House Demo- ing men and women can plan on the fu- them to cooperate to prevent that big cratic leadership did send over such a ture, so investors who create jobs can tax increase of 2,000 and more dollars bill, I would not expect the Senate plan on the future as well? That is bet- to go into effect for a family with an Democratic leadership to take it up. ter for the economy. income of $40,000, as though there is When in Republican hands, the House Let me return to the present day. something about being rich making regularly sent over bills to provide per- The House and Senate, then, as I have $40,000 a year. manence for various components of the said so many times, passed separate I want to conclude with a reference bipartisan tax relief bill which they budget resolutions, now in conference, to a story about a man who cared a couldn’t get through the Senate. but currently would end up subjecting great deal about the typical taxpayer, Senate Democrats are clearly capa- Americans to the largest tax increase President Ronald Reagan. During the ble of working with Republicans to in history, and the Democrats have re- Cold War, while in West Berlin, Presi- make tax relief provisions permanent sponded by basically declaring it is not dent Reagan challenged Soviet Presi- if they like what they want to make their responsibility. How can a major- dent Gorbachev to tear down the Berlin permanent. And we have done it in the ity so avoid the responsibility of being Wall. I challenge the Democratic lead- past. The Holocaust Restitution Tax a majority? ership to tear down the wall of tax in- Fairness Act of 2001 repealed the sunset The Democratic leadership and the creases built into their budgets. I hope of a provision originally contained in liberal core have the power to make my liberal friends in the core of the the 2001 tax relief bill that allowed Hol- these provisions permanent. I assure Democratic caucus will urge the Demo- ocaust survivors and their heirs and es- my colleagues we will be there working cratic leaders to tear down the wall of tates to receive restitution payments with them as we did on the retirement tax increases they have built. This is tax free. Making this provision perma- portions of the pension bill, as we did not a wall Republicans built. This is a nent was absolutely the right thing to on the Holocaust relief bill, to make wall Democrats through their budget do, and the fact that it passed the Sen- sure it becomes permanent law. built because they have the power,

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they have a minority that is willing to STEVENS for this monumental, historic But I feel I can say before God and cooperate with them, as we have on achievement. As the longest serving man and Senators—I feel I can say two other instances I have given in Democratic Senator in the history of without fear of contradiction—that not these remarks. Join with us in the Re- the Senate, I, ROBERT C. BYRD, wel- once—not once—have we allowed our publican conference and tear down the come my friend, Senator TED STEVENS political differences to become per- wall of tax increases that has been of Alaska, into this most exclusive sonal ones. built. club. In fact, it is probably the most I have come to admire Senator TED I yield the floor. exclusive club I know. There are only STEVENS as a man of immense integ- The PRESIDING OFFICER. The Sen- two of us, one Democrat and one Re- rity, high personal principles, and un- ator from Texas. publican, in it. qualified honesty. Mr. CORNYN. Mr. President, I ask I have served in this Chamber with I admire Senator TED STEVENS as a unanimous consent to speak for up to Senator TED STEVENS for nearly four great American. He is a patriot. He is 15 minutes as in morning business. decades. He came here in 1968. Senator a patriot whose devotion for our coun- The PRESIDING OFFICER. Without STEVENS and I have served together on try—this country, yours and mine—led objection, it is so ordered. the Senate Appropriations Committee him to join the Army Air Corps during The Senator from Texas is recog- since 1972. I was on the committee a World War II, where he, Senator STE- nized. long time before that, but we, Senator VENS, flew support missions for the Mr. CORNYN. I thank the Chair. STEVENS and I, have served together on Flying Tigers of the 14th Air Force. (The remarks of Mr. CORNYN per- the Senate Appropriations Committee For his service, Senator STEVENS—he taining to the introduction of S. 1096 since 1972. During these years of serv- was not a Senator then—but Senator are printed in today’s RECORD under ice together, we have developed a pro- STEVENS, for his service at that time, ‘‘Statements on Introduced Bills and found respect and admiration for each was awarded numerous medals, includ- Joint Resolutions.’’) other. We now share many memories, ing the Distinguished Flying Cross. Let Mr. CORNYN. Mr. President, I yield both on and off the Senate floor. me say that again. For his service, he One of my favorite memories is a the floor, and I suggest the absence of was awarded numerous medals, includ- very special personal one. I recall how a quorum. ing—including—the Distinguished Fly- Senator STEVENS would bring his baby The PRESIDING OFFICER (Mr. ing Cross. daughter Lily with him to the Senate SALAZAR). The clerk will call the roll. In the 1950s, after graduating from and carry her around the Capitol in a The legislative clerk proceeded to Harvard Law School, Senator STEVENS basket. Over the years, I have become call the roll. began his long and remarkable career very close to Lily as well as her father. The PRESIDING OFFICER (Ms. in public service by serving in various Lily is all grown up now. As a matter KLOBUCHAR). The Senator from West positions in the Eisenhower adminis- of fact, she will finish law school this Virginia is recognized. tration. year. But Senator STEVENS remains the Mr. BYRD. Madam President, I ask Senator STEVENS is also a great legis- proud, loving father he always has unanimous consent that the order for lator. In our nearly four decades in the been. the quorum call be rescinded. Senate, Senator STEVENS and I have The PRESIDING OFFICER. Without A couple of years ago, when the Sen- ate was working into the late hours of also worked together on numerous objection, it is so ordered. the night and tensions were running bills. We have even cosponsored some SENATOR TED STEVENS, LONGEST SERVING high, as they occasionally do around together. This includes S. 880, the Sen- REPUBLICAN SENATOR ate Family Leave Act, which is cur- here, Senator TED STEVENS took me by Mr. BYRD. Madam President, Sen- the arm and pulled me aside because he rently under consideration in the Sen- ator TED STEVENS is not on the floor at had something he wanted to show me. ate. the moment. I am going to wait, if I It was an article that Lily had written I especially admire Senator STEVENS may. I have the floor, do I not, Madam about the U.S. Capitol that had just for his work on the Senate Appropria- President? been published by the U.S. Historical tions Committee. During his years as The PRESIDING OFFICER. The Sen- Society, and he, Senator STEVENS, chairman of the Senate Appropriations ator does. wanted to share it with me. I remarked Committee, he was bipartisan, coopera- Mr. BYRD. I am going to wait. I un- at the time how touched I was by this. tive, and respectful of everyone, just derstand that Senator STEVENS is on It was a father’s pride in his child’s ac- the way the chairman of the Appro- his way. He will be here in a couple of complishment. I recall it now as a lov- priations Committee, or any Senate minutes. I will await the arrival, if the ing reminder that the Senate is a fam- committee, ought to be. Chair will allow me, of Senator TED ily—the Senate is a family. While noting that Senator STEVENS STEVENS. I understand he is on his way, Senator TED STEVENS is a Repub- has served as chairman of the Senate and I want him to be present to hear lican. I am a Democrat. Of course, we Appropriations Committee, allow me what I am going to say. have had a few differences in our lives. to point out that I have always been Madam President, tomorrow, April We have been here for a long time on impressed by the similarity of our ca- 13, the very distinguished senior Sen- this floor—right here on this floor. reers. ator from Alaska, my dear friend, Sen- But, actually, some of them became As I have already mentioned, I am ator TED STEVENS, will become, if it is quite heated. Senator STEVENS, as you the longest serving Democratic Sen- the good Lord’s will, the longest serv- know, says what he thinks. He is a ator ever. Tomorrow, Senator TED STE- ing Republican Senator in the history man. He is a gentleman. He is a Sen- VENS will become the longest serving of these United States. It will mark ator. He says what he thinks. Oh, here Republican Senator. his, Senator TED STEVENS’s, 13,990th he is, right here on the floor. I had to Both of us have served as President day as a Senator. Senator STEVENS, on look around now to remind me he was pro tempore of the Senate and Presi- tomorrow, if the Lord let’s him live, there. dent pro tempore emeritus. will surpass the late Senator Strom Now, some of these things have be- Both of us—Senator STEVENS and I— Thurmond of South Carolina, who come quite heated. We both tend—Sen- have served as our party’s whip in the served 13,989 days as a Republican Sen- ator STEVENS and I—to be strong- Senate. The ‘‘whip’’ is an old term. ator. Tomorrow, Senator STEVENS will willed persons, U.S. Senators, with dif- When the fox hunters went out, and serve, the good Lord willing, 13,990 ferent political philosophies. And each they brought the hounds in, they used days. of us is determined to represent the whips, and they knew how to use them. This is a great honor and an impor- best interests of his and my home So both of us—Senator STEVENS and I— tant milestone in the Senate career of State and the people—the people—who have served as our individual party’s— our esteemed colleague, my friend, TED send us here. So, naturally, at times, his is the Republican Party; mine is STEVENS. I congratulate Senator TED we are going to disagree. the Democratic Party—each of us has

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served as his party’s whip in the Sen- the British-American Parliamentary Now, Senator STEVENS—I am not sup- ate. The term ‘‘whip’’ goes back a long Conference and we listened to Senator posed to address him, a colleague, like way. It goes back to England and the BYRD tell us about his life and some of this, but I am going to do that with the House of Commons. the things he had done as a child, and Senate’s permission. This is not in ac- Both of us—Senator STEVENS and I— we listened to him recite many of the cordance with the rules. Senator STE- have chaired the Senate Appropria- great poems he knows. He has one of VENS, I want to say to you—I want to tions Committee, and each has served the most prodigious memories I have say to you in the presence of Senator as ranking member on the committee. ever known, and he is the most gra- COCHRAN, who is a Senator on the Ap- Both of us have been honored with cious Member of the Senate. He always propriations Committee, along with recognition as the ‘‘King of Pork’’—the has been very kind and helpful. Senator STEVENS and me—I know the ‘‘King of Pork’’—while I am sure the I came here as an appointed Senator right grammar, you see—along with organization that gave us that title in- and took the position of—we called it the Senator from Mississippi, and me. tended it to be something less than a the Bartlett seat, Senator Bob Bart- Some might think I should say the compliment. lett’s seat. Senator BYRD was very gra- Senator from Mississippi and I. Madam President, I again congratu- cious to Senator Bartlett as Alaska’s I am supposed to say it, because I am late this great Senator, this fine legis- first senior Senator, and he extended talking in a different vein, but Senator lator, this outstanding American for greetings to me as Senator Bartlett’s COCHRAN serves on the Senate Appro- his historic achievement. Senator STE- replacement, and throughout these priations Committee with me. And he VENS is truly the kind of man whom nearly 40 years he has been a great and I—in other words, he, Senator our country and this Chamber need. friend. We have had differences of opin- THAD COCHRAN and I—serve on the Sen- I close with a poem. I know it by ion, but we have never had a disagree- ate Appropriations Committee to- memory. I am going to read it into the able word between us. God willing, that gether, and Senator STEVENS has at RECORD: will never happen. times been the chairman of that Appro- Not gold, but only men can make a Nation So I thank my friend. He honors me, priations Committee. I was the ranking great and strong; men who for truth he honors my family, and he honors member. What I am going to say, Sen- and honor’s sake, stand fast and labor the Senate by the remarks he made long. ator STEVENS and I—I am not supposed about the Senate itself. We are a fam- to talk in the first person. We usually Real men who work while others sleep, who ily. This aisle ought not to be a can- dare while others fly. They build a Na- in the Senate talk to the distinguished tion’s pillars deep and lift them to the yon; it ought to be very easy to step Senator from Alaska. I want to say to across that aisle and shake hands with sky. Senator STEVENS, though, in the Sen- Madam President, for the record, I a friend as I have just done. I thank the ate, he is my friend. He knows that. Senator for what he has said and for will yield the floor soon, but for right Senator STEVENS, I admire you. I re- giving me the opportunity to be here now, I see on the other side of the aisle spect you. You are a great Senator when he said it. three very distinguished Senators. I see The PRESIDING OFFICER. The Sen- from a great State. Under the Con- Senator TED STEVENS, I see Senator ator from West Virginia is recognized. stitution, he and I, as Senators, belong COCHRAN, THAD COCHRAN of Mississippi. Mr. BYRD. Madam President, will to the greatest deliberative body in the Now, we are not supposed to say these the very able and distinguished Sen- world. I respect the history of England things such as this—and I see the great ator from Alaska yield so I might say and the House of Commons. That is a Senator from Georgia, Senator a few words? great body. The House of Lords, that is ISAKSON. By the way, let me tell my Mr. STEVENS. I am happy to do so. a great body. But the U.S. Senate is colleagues, Senator ISAKSON comes Mr. BYRD. I thank the Senator, my the upper House, the so-called upper over to my desk here every day I am friend, for what he has said. I salute House, and it is the upper House. There here and he takes the time to shake him, my friend. I wish Erma, my dar- are two Houses, and the Senate is the my hand. He does. He takes the time to ling wife, were here, sitting up in the upper House, because it used to be up speak with me and to talk with me. gallery. We have rules that we don’t there in the old days, and so the Mem- One day I may make a little speech on speak to the gallery, but I wish she bers referred to the Senate as the upper the Senate floor, God willing, and I am were here. She knew Senator STEVENS. House. going to talk about Senator ISAKSON. She knew Mrs. Stevens. She knew us, Senator STEVENS—I am going to But today, I salute my friend Senator my wife, and Mrs. Stevens, who is not speak to him as I shouldn’t—I know TED STEVENS. here today, but my wife knew us, Sen- what the rules are, but I am going to Mr. STEVENS. Madam President, ator STEVENS and me, her childhood say to Senator STEVENS directly this does the Senator yield the floor at this sweetheart, ROBERT C. BYRD, she knew may be the last time—who knows; it time? we were friends, Senator STEVENS and may not be—that I will ever speak to Mr. BYRD. I do. I, the closest of friends. Now, when I him on the floor like this. Senator STE- Mr. STEVENS. Madam President, I say the closest of friends, Senators VENS, I love you, I respect you, and I regret I wasn’t here at the commence- know what that means. That doesn’t admire you. I hope God will always ment of the comments of the distin- mean Senator STEVENS and I go out to- bless you and hold you in the hollow of guished Senator from West Virginia, gether at night and drink booze to- his hand. In the name of our Lord Jesus but I am overwhelmed and honored gether or anything such as that. We are Christ, I pray and ask for the forgive- that he would make these comments, the closest of friends. I don’t have any- ness of my own shortcomings. Senator and particularly that he would ref- thing against Senators or anybody else STEVENS, you are my friend, and we erence his relationship to our youngest who wants to go out and drink booze. I will let it go at that. daughter Lily who has great love and don’t. I won’t say what I have done in Madam President, I am going to yield affection for Senator BYRD. We have my lifetime, but I know a little bit the floor. come through a lot of travails, each of about what booze is. I know what we The PRESIDING OFFICER. The Sen- us, during our times in the Senate, and are talking about. ator from Alaska is recognized. I have always found Senator BYRD to Senators STEVENS and I are the dear- Mr. STEVENS. Madam President, all be a warm and great friend in times of est of friends. I happen to be, through I can say to my friend is that I am al- trouble and very gracious when in the good Lord’s will, in my ninetieth ready blessed by God to be your friend, times such as this. We could stand here year. I will be 90 in November, if it is and I thank you very much. and I would tell the Senate some of the the good Lord’s will and I live to see Mr. BYRD. Madam President, I yield times I have spent with Senator BYRD, the 20th day of November. I don’t mind the floor. including the time once in Britain talking out loud, because as Popeye The PRESIDING OFFICER (Mr. when we gathered together a group of the Sailor Man used to say: I yam what WHITEHOUSE). The Senator from Mis- British and United States members of I yam, and that is all I yam. sissippi is recognized.

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Mr. COCHRAN. Mr. President, I am taken with, they said Senator TED STE- for you. It is going to get a lot worse. pleased to be here to hear the remarks VENS. I think that is a testimony to his Under the new management in Con- of the distinguished Senator from West reach, which is far beyond Alaska and gress, the Democrats have proposed a Virginia, my good friend, and to join to my home in Georgia. budget that would result in the largest with others who have honored and paid Secondly, when I saw Senator BYRD tax increase in America’s history. That tribute to Senator STEVENS on the oc- speak, I knew he was speaking about means more money will be taken away casion of his reaching a milestone Senator STEVENS, and I realized the from families and small businesses. where he has served in the Senate embodiment of history in the Senate Since we all just completed one, or are longer than any other Republican that these two gentlemen represent. To about to do so, I want to have us look Member in history. come and sit down as Senator THAD at how the Democrats are going to in- I had the privilege, when I was a new COCHRAN came into the Chamber, I re- crease America’s taxes on a typical Member of the House of Representa- alized this 2-year rookie of the Senate 1040 tax form. tives after my election in 1972, to ob- was sitting among greatness. Let’s start up here with filing status. serve Senator STEVENS as he worked My favorite book of all time is ‘‘The Say you are a married couple filing with Howard Baker as the Republican Greatest Generation’’ because it tells jointly. The marriage penalty is back. leaders of the Senate and to come to true stories of those great men and That means married couples are going respect him and know him and then to women who, in the most critical test in to pay somewhere in the range of an- join the Senate body after the election the history of our country, defeated other $1,360 more in higher taxes be- of 1978. He has been a mentor and a the axis powers in Germany and in the cause of the return of the marriage dear friend throughout my career in Pacific and saw to it that this democ- penalty. the Senate, and I can say one could racy continued. Senator STEVENS Some taxpayers are going to find have no greater fortune than to serve fought bravely for this country in the their exemption of $3,300 get cut to in the presence of Senator BYRD and Pacific. As I was born in 1944, his gen- zero. Senator STEVENS and others who were eration was seeing to it that I would Go down to dividends and senior citi- the true leaders of the Senate when I have the opportunity to live the life I zens. Anybody who has a dividend in was a new Member. have and one day actually come to the this country is going to see their taxes I have come to appreciate and respect Senate. increased on dividends to 39.6 percent, them more as time has gone on. I recall Senator STEVENS, I wanted to say, as which is an increase from the current a youngster in the Senate, thank you Senator STEVENS becoming chairman, tax rate on dividends of 15 percent. for what you have done. You sacrificed, after Senator BYRD had served as Capital gains. Let’s say you are a chairman, of the Appropriations Com- and you have allowed me to be able to senior citizen and you have capital mittee. It was my good fortune to be- take advantage and eventually come to gains income. Your tax rate is going to come a member of that committee the Senate. I pass those same com- go from 15 percent to 20 percent. after only 2 years in the Senate. I have pliments on to Mr. COCHRAN and Mr. How about those families that are appreciated the opportunity to work BYRD. These are three great Americans putting kids through college and are closely with him ever since. with whom I am honored to share a now taking advantage of the student Senator STEVENS, of course, was our moment today. Congratulations. loan interest deduction? Well, that, President pro tempore. I don’t recall a The PRESIDING OFFICER. The Sen- too, is going to be capped for families more diligent and hard-working Presi- ator from West Virginia is recognized. making more than $60,000 a year. Mr. BYRD. Mr. President, I thank dent pro tempore than was Senator Let’s move over to the taxpayers who Senator COCHRAN, I thank Senator STE- STEVENS. He had some big shoes to fill: itemize deductions, such as mortgage VENS, and I thank the great Senator Strom Thurmond, Jim Eastland from interest, charitable contributions, from Georgia, Senator ISAKSON, for my State of Mississippi, and Senator State and local tax deduction. What is their kind words. BYRD; and all were dutiful. I recall Sen- I thank the Chair and I thank God we going to happen there is you are going ator STEVENS personally being there were here today. I thank our Heavenly to see this go up; it will be capped, the every morning to open the Senate, usu- Father, especially, for this man, this amount they can deduct. ally a duty delegated to others; and he Take the alternative minimum tax, Senator, TED STEVENS, and for his serv- right down here. The alternative min- probably presided personally over the ice to our country and to the Senate. I imum tax is going to affect an addi- Senate as much as any person who has salute him as one of the great Senators tional 20 million Americans who are occupied that position of responsi- of my time—and I have been here a going to have to pay that. bility. long time. To be here today and to hear DAN I yield the floor. How about the credit for child and INOUYE talk about his early recollec- Mr. COCHRAN. Mr. President, I sug- dependent care expenses, which is tions of their service together in the gest the absence of a quorum. something the working families in this Senate, and other Senators who have The PRESIDING OFFICER. The country take advantage of. There spoken on this special occasion in the clerk will call the roll. again, that credit is going to be slashed life of our Senate, has made me happy The assistant legislative clerk pro- by 31 percent. to be here and to be able to observe and ceeded to call the roll. The child tax credit that a lot of appreciate this day in the history of Mr. THUNE. Mr. President, I ask working families in this country take the Senate. unanimous consent that the order for advantage of is currently at $1,000. I yield the floor. the quorum call be rescinded. That also is going to be slashed in half The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without from $1,000 down to $500. ator from Georgia is recognized. objection, it is so ordered. Let’s take a look at the earned-in- Mr. ISAKSON. Mr. President, I wish TAX DAY come tax credit. Again, this is a credit to tell a quick story. I was in my office Mr. THUNE. Mr. President, I rise which is taken advantage of by a lot of working and watching the beginning of today because it is that time of year lower income working Americans and a Senator BYRD’s speech about Senator again. Tax day is almost upon us. As lot of people who are serving their STEVENS. I was reminded that I had a millions of Americans rush to get their country—soldiers, men and women in picture of two fellows who came up taxes done this weekend, and many uniform—slashed. from Georgia to cook for the Senate at having just completed the process, we Let’s take a look at the tax rate a barbecue. It is a picture of Senator all know what a pain it is to have your schedule, too, because I think this is STEVENS, myself, and those two gentle- hard-earned dollars taken away by the very important. If you are a taxpayer men. The reason I ran over here is to Government. today paying at the 10-percent tax say this: When I asked who the two Mr. President, if you thought this rate, the 10-percent tax rate is boom, gentlemen wanted to have their picture year was painful, I have terrible news gone, boom, gone, boom, gone, boom,

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.000 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8750 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 gone. If you are paying at the 25-per- Mr. President, I yield the floor, and I and a strong defender of some of the cent tax rates, your taxes are going to suggest the absence of a quorum. bravest workers in the world, our Na- go up to 28 percent. You lose the 25-per- The PRESIDING OFFICER. The tion’s fishermen. We share that love for cent rate. If you are paying at the 28- clerk will call the roll. fishermen and for the sea, as our two percent rate, your taxes are going to go The legislative clerk proceeded to States are defined by their relationship up to 31 percent. If you are someone call the roll. with the sea, its bounty, its beauty, who is paying currently at the 33-per- Mr. KENNEDY. Mr. President, I ask and its mystery. cent rate, your taxes are going to go unanimous consent the order for the He has answered the call of public up—boom—to 36 percent. If you are quorum call be rescinded. service in countless ways time and someone who is currently paying taxes The PRESIDING OFFICER. Without time again. I saw his passion and deter- at the 35-percent rate, your taxes are objection, it is so ordered. mination to improve the lives of Na- going to go up to 39.6 percent. CONGRATULATING SENATOR STEVENS tive Alaskans when I traveled with him So what does all this mean? Every- Mr. KENNEDY. Mr. President, to- in his first year as a Senator to visit body wants to know, when they do morrow our colleague and friend TED remote villages in Alaska back in April their taxes, what the bottom line is; STEVENS will mark his 13,990th day as a of 1969, and it is the same passion and how does it affect me when it comes to Senator. It is an auspicious occasion determination I see today. the actual amount of taxes I am going because he will pass Strom Thurmond TED, Walter Mondale, and I traveled to pay? as the Senator who served longest as a over 3,600 miles throughout the State We took a typical family in South member of the Republican Party. visiting Anchorage, Pilot Station, Arc- Dakota to see how it would impact I remember well when TED STEVENS tic Village, and other villages. We trav- them. A typical family in South Da- came to the Senate in 1968. It seems eled at times by ski plane and even by kota, when it comes down to com- like only yesterday. It is a great honor dogsled. puting the amount they are going to to say we have served together here for We were traveling with the Senate owe in taxes under this Democratic more than 38 years. Subcommittee on Indian Education, budget, will pay an additional $2,596 in TED was appointed to fill the seat of and I will never forget what we saw. taxes on top of what they are already a true giant of public service, Bob There were no Native Alaskan teachers paying this year if this Democratic Bartlett, the architect of Alaska state- and few spoke native languages, mak- budget is enacted. hood, who had passed away just before ing it nearly impossible for the school- The point I am simply making is Christmas in 1968. I can’t help but children to learn, many of whom had this: When you get behind and read think all these years later that Bob never even heard English. We saw vil- through all the fine print in the Demo- Bartlett would be the first to pay trib- lages where people had to walk 2 miles through frozen tundra to find drinking cratic budget, you come down to one ute to what his friend TED STEVENS has simple conclusion: higher taxes—high- accomplished as his successor in the water and other villages where only 8 out of 100 Native Alaskans were grad- er taxes for married couples because of Senate. the return of the marriage penalty. I admire many things about my col- uating from high school. I remember our subcommittee hear- You are going to get penalized for league from Alaska, the first and fore- ing in Fairbanks and the Pilot Station being married. That is the ‘‘benefit’’ most being that he knows why he is teacher who told us that the warmest for being married, if the Democratic here. He came to the Senate 9 years she could ever get her classroom was budget is enacted; higher taxes for sen- after Alaska was admitted to the zero degrees Fahrenheit. Imagine chil- iors, who are going to pay a 39-percent Union, a State nearly a quarter the dren trying to learn when it is that tax rate on dividend income; a 20-per- size of the continental United States cold in the classroom. cent tax increase, from 15 percent, on and encompassing some of the most un- More than anything else, I remember capital gains distributions; higher forgiving geography and weather in the TED STEVENS determination to improve taxes on working families in this coun- world. It is a State of tremendous nat- the lives of the people and give them try who are trying to put their kids ural beauty and indomitable spirit, but the opportunity to build a better fu- through college and who are going to also enormous challenges brought ture. We were able to pass legislation lose some of the deductions they cur- about by its immense size, its distance to improve water treatment facilities rently get for student loan interest. from the lower 48, and its close prox- in Native Alaskan villages and improve If I take it over to the next chart, the imity to the North Pole. education for the children as a result of credit for child dependent care ex- TED STEVENS came to the Senate to that trip—and none of it would have penses, child tax credit, impacting fight for the State of Alaska and the happened without TED STEVENS. working families, higher taxes for wonderful people who call it home. I also feel a special closeness with working families, higher taxes for low- More than 38 years later, his purpose TED because in addition to the many income Americans because of the continues just as clearly and his deter- years we have served side by side, we earned-income tax credit, and again, mination just as strong. His skill and both share the same soft-spoken and most importantly probably in all of passion in championing the people of gentle approach for advancing our pri- this, the 10-percent rate lower income his State are a remarkable tribute to orities and the many causes we care Americans currently pay is gone, it is the bond he has formed with the people about so deeply. I only wish he were a eliminated—gone, boom. Every tax of Alaska and his colleagues in Con- Democrat. rate on the rate schedule today is gress. I also pay tribute to TED’s wonderful going to go up, from 25 percent to 28 In fact, TED STEVENS has given his wife Catherine. She is an extraordinary percent, from 28 percent to 31 percent, entire career in service to others and woman, a person of enormous kindness from 33 percent to 36 percent, and from to his country. He is a true public serv- and compassion who has been so under- 35 percent to 39.6 percent. Every person ant, a servant in the finest sense of the standing over the years of the demand- in this country who pays taxes today is word. As a member of the Army Air ing and often bizarre schedules we keep going to see a higher tax bill because of Corps, he flew with the Flying Tigers in this Chamber. this Democratic budget. And as I said— of the 14th Air Force and earned two I have come to know her through her every State can check this out for Distinguished Flying Crosses. The slo- impressive service to the Kennedy Cen- themselves—in my State of South Da- gan of the Army Air Corps in those ter, where she has made such a great kota, a typical bill is going to go up by days was: The difficult we do imme- impact on the Board of Trustees. This $2,596 over this year. diately, the impossible takes a little milestone is very much hers as well. That is the bottom line. That is the longer. We know the innumerable sacrifices a bottom line on the Democratic budg- That has certainly been true of his Senator’s spouse has to make—espe- et—higher taxes, the highest, biggest service in the Senate, too. He has been cially those who make their home on increase in taxes in America’s history. a respected leader on military issues the farthest side of the continent.

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So I congratulate both TED STEVENS About 4 years ago, President Bush Deputy Secretary of State John and Catherine Stevens on this extraor- acknowledged that a genocide was tak- Negroponte is traveling to Sudan this dinary milestone. Well done, my ing place. It is a rare occurrence for a week to deliver a message to Khar- friends, and best wishes for many more President of the United States to make toum. I am hopeful. John Negroponte record-breaking days among us. that admission. I saluted him for that is a seasoned diplomat. He is being sent The PRESIDING OFFICER (Mr. NEL- and praised him because it took cour- on an important mission. I hope his SON of Florida). The Senator from Alas- age. He said what others were afraid to message is nothing short of a final ka is recognized. say, that the killing in Darfur of hun- warning that the Government of Sudan Mr. STEVENS. Mr. President, again, dreds of thousands of people was, in must accept the United Nations and I am indebted to my friend from Massa- fact, a genocide—a calculated effort to African Union peacekeeping mission chusetts. We have spent many times wipe a people off the map. Several hun- and that these peacekeeping forces together and, as he says, shared a great dred thousand have died, and more must have the numbers, the equip- many goals. I am very pleased that he than a million have been displaced ment, and the mandate to truly protect would make these remarks. I think from their homes. The genocide in the innocent people of that country. that it sort of reminds me of a little bit Darfur continues to this day. Although I have read newspaper accounts that of a little too much ado about nothing, we have pronounced this situation to President Bush is angry and frustrated but I do appreciate him being here. be one of the most uncivilized in the over Sudan’s refusal to accept the Thank you very much. history of our planet, the fact is that peacekeepers and our collective failure As Senator KENNEDY leaves, I should little or nothing has been done to save to do anything about it. I have spoken repeat something I have told often, and these poor innocent people. personally to the President twice about that is, back in 1969, as a brandnew ap- This week’s newspapers across the this issue, and both times I have urged pointed Senator, I joined Senator KEN- country were full of stories about him, having shown the courage to de- NEDY and others in going to the vil- Sudan. The papers illustrate both the clare a genocide in Darfur, to show the lages of Alaska. We found mold on the expansion of death, destruction, and same courage in ordering an action by hospital walls in Bethel. When we came chaos in and around Darfur and the in- the United States that will start to back, we started the process of replac- ability or unwillingness of the United protect these people. My frustration ing it, and it is a beautiful hospital States and other countries to stop this and anger grows by the day, but my today. violence. sadness grows more when I read these But we also went to the small vil- Wednesday’s Washington Post de- press accounts. lages. We went down to Pilots Station, scribed how Sudanese jingaweit mili- I have been told by members of the and we were walking through this lit- tiamen crossed over the border into administration that one thing that neighboring Chad and killed hundreds tle village. All of a sudden, a little boy, would help would be stronger civil pen- of people. This article, which I came baby boy, came running out, had a top alties to levy against persons who cur- across as I was reading the paper, is rently violate our sanctions laws on, but he obviously had lost his dia- graphic. A report in the Washington against Sudan. I am happy to introduce per. Post through the Associated Press on My friend scooped him up, unzipped legislation which would do that. I also April 10 says that: his parka, and put him inside. We believe we need to strengthen sanction Sudanese Janjaweed militiamen killed as laws themselves to provide additional walked around to find out where his many as 400 people in the volatile eastern resources to ensure their enforcement. home was. We came to this nice, small, border region near Sudan, leaving an ‘‘apoca- Even more importantly, we must con- well-kept native cabin. It was obvious lyptic’’ scene of mass graves and destruction, vince the world to act as well. that the mother was looking for her the U.N. refugee agency said Tuesday. The largest single economic player in son. The U.N. High Commissioner for Ref- the Sudan today is China. The single We went in and Senator KENNEDY ugees said in this article: greatest export for Sudan is oil. gave her the boy, and there on the wall Estimates of the number of dead have in- Petrochina, the Chinese company, is a of that little cabin was his brother, creased substantially and now range between major player in that nation. That of- President Kennedy’s photograph. It is a 200 and 400. Because most of the dead were fers the Chinese powerful leverage to buried where their bodies were found—often small world. I will never forget it. convince the Khartoum Government to Thank you. in common graves owing to their numbers— we may never know the exact number. accept U.N. peacekeepers. Mr. President, I yield the floor, and I In this morning’s Washington Post, The article goes on to say: suggest the absence of a quorum. in what is billed as an unusually strong The PRESIDING OFFICER. The The attackers encircled the villages, message, the Chinese urged Sudan on clerk will call the roll. opened fire, pursued fleeing villagers, robbed women and shot the men, the U.N. High Wednesday to show more flexibility on The legislative clerk proceeded to a peace plan for the devastated Darfur call the roll. Commissioner for Refugees said. Many who survived the initial attack died later from region, but they went on to say the Mr. DURBIN. Mr. President, I ask exhaustion and dehydration, often while flee- Chinese said that other countries unanimous consent that the order for ing. would not help the situation by dic- the quorum call be rescinded. Some have argued that the genocide tating the terms of action. The PRESIDING OFFICER. Without is over, as sad and tragic as it was, that This article goes on to talk about objection, it is so ordered. it is finished, but this news article tells China buying oil from Sudan and hold- Mr. DURBIN. I ask unanimous con- us a different story. The report of the ing veto power in the U.N. Security sent to speak as in morning business. United Nations High Commissioner for Council. There have been many critics The PRESIDING OFFICER. Without Refugees that 200 to 400 people were of China because, frankly, they have objection, it is so ordered. slaughtered is a grim reminder that threatened a veto if we try to take ac- ANOTHER WARNING ON DARFUR this country, having declared a geno- tion through the Security Council to Mr. DURBIN. Mr. President, I rise cide in Darfur, cannot stand idly by as deal with the genocide in Darfur. Per- today to again address the terrible cri- these reports are made. haps that is what motivated the Assist- sis in Darfur and the surrounding re- When I consider the situation in ant Foreign Minister Ahzi Jun to hold gion. For the last few months, I have Darfur, I understand that it is a chal- a press conference on his return from a come to the floor on a weekly basis to lenge for the United States to think trip to Sudan. He said at the end of remind my colleagues and those who about what we might do to make this that press conference: follow the transactions in the Senate situation better. We know that vio- We suggest the Sudan side show flexibility that while we have debated many im- lence is not only spreading across the and accept this plan— portant issues, we have not done border into eastern Chad but continues That is the peace plan— enough when it comes to the genocide virtually unabated in this country of offered by the U.N. to deploy a hybrid Afri- in Darfur. Sudan. can Union-U.N. force into Darfur.

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What they once But at least they are speaking out, I will join me in letting them know it is billed as an occasional drought or bad think none too soon, as we read this time to divest of this investment. agricultural practices now has become terrible press account of what is occur- Along with Senator CORNYN of Texas a recurring trend. ring in this region. and a growing number of bipartisan co- Here is what Mr. Faris wrote in the Recently, the Wall Street Journal, on sponsors, I have introduced legislation Atlantic Magazine: March 28, 2007, published an article to support efforts by State and local By the time of the Darfur conflict 4 years written by Ronan Farrow and Mia Far- governments to divest of holdings in ago, scientists had identified another cause. row entitled ‘‘The Genocide Olympics.’’ the Sudan. There are some who say Climate scientists fed historical sea-surface That article reminded the readers of that divestment is not the way to go. temperatures into a variety of computer models about atmospheric change. Given the the Wall Street Journal of China’s slo- They claim it is just going to take too particular pattern of ocean temperature gan for the 2008 Olympics. The slogan long. But is that an excuse for doing changes worldwide, the model strongly pre- is ‘‘One World, One Dream.’’ But what nothing to pressure the Sudanese in dicted a disruption in African monsoons. they note here is that what is going on the midst of a genocide? Of course, the rainy seasons. in Darfur is a nightmare, and the Chi- The violence in Darfur has been Columbia University’s Alessandra nese have to do something about it. going on for 4 years. The President de- Giannini led one of the analyses and They make a point—and one we all ap- clared 2 years ago that this was geno- said: preciate—that we want to believe that cide. To say divestment is too slow ig- This was not caused by people cutting China is moving into the family of civ- nores the fact that every pressure trees or overgrazing. The roots of the drying ilized nations, that the Olympics will point we apply makes it a little bit of Darfur, she and her colleagues have found, be proof of this change in China over harder for the Sudanese Government to lay in changes to the global climate. the years, but many of us will judge continue on their present course. I see There is a competition here for land China not by its slogans or its press re- no reason we shouldn’t take every step between farmers and those who have leases but by its actions. we can to end this disaster. Eight livestock, and that is part of the ten- This month, the United Kingdom is States and over fifty colleges and uni- sion in this area. chairing the U.N. Security Council. versities are leading the way. The article goes on to conclude: Next month, the United States will I am proud that my home State of Il- With countries across the region and hold that position. I think it is impera- linois was the first to pass divestment around the world suffering similar pressures, tive that the United States force a vote legislation. Already, investment firms some see Darfur as a canary in the coal mine, a foretaste of climate-driven political on multilateral actions against the Su- that offer Sudan-free investment vehi- chaos. danese. That is the only way to move cles are tracking billions of invest- Environmental degradation creates us toward a peacekeeping force. ments. Several major European and Ca- very dry tinder, so if someone wants to Some argue that China may veto nadian companies have ended their op- light a match to it, they can light it that resolution, but that shouldn’t stop erations in the Sudan. The divestment up. us. If they want to go on record as campaign is already having an impact. I wish to put this into the CONGRES- standing in the way of stopping this Some people also criticize divest- SIONAL RECORD for those who follow genocide, so be it. It will be a bitter ment efforts because anti-apartheid this debate because I have spoken commentary on their aspirations for laws from two decades ago are still on about a lot of reasons for the violence one world and one dream. the books in some states and localities. here, and it is the first time I have seen There is also an effort underway in The bipartisan bill I have introduced a suggestion of environmental causa- the United States for divestment. The with Senator CORNYN addresses this tion. Los Angeles Times reports the Council issue with a sunset clause: If the Fed- EXHIBIT 1 of Priests of the Archdiocese of Los An- eral Government lifts its sanctions THE REAL ROOTS OF DARFUR geles has added their voice in calling against Sudan, the authorization pro- (By Stephan Faris) for divestment of companies operating vided in our bill would expire. in Sudan. At the urging of one of their Finally, some argue that State gov- To truly understand the crisis in Darfur— and it has been profoundly misunderstood— members—a priest who is a former ernments should not be making Fed- you need to look back to the mid-1980s, be- stockbroker—the council wrote to the eral policy. Divestment is about States fore the violence between African and Arab firm which handles the retirement ac- making choices about how they invest began to simmer. Alex de Waal, now a pro- counts for the 350 priests in the Arch- their pensions and other funds. The gram director at the Social Science Research diocese urging it to sell its shares in Durbin-Brownback bill recognizes that Council, was there at that time, as a doc- Petrochina and Sinopec Corporation. choice and extends Federal support for toral candidate doing anthropological That investment firm is Fidelity, it in the face of ongoing genocide in fieldwork. Earlier this year, he told me a which is the single largest U.S. holder Sudan. story that, he says, keeps coming back to him. De Waal was traveling through the dry of American shares in Petrochina. I ask unanimous consent that an ar- scrub of Darfur, studying indigenous reac- They have reportedly been hearing ticle I am about to refer to be printed tions to the drought that gripped the region. from thousands of their shareholders in the RECORD after my reference. In a herders’ camp near the desert’s border, on this subject. The PRESIDING OFFICER. Without he met with a bedridden and nearly blind I am not a shareholder in Fidelity, objection, it is so ordered. Arab sheikh named Hilal Abdalla, who said but I have our family investments (See exhibit 1.) he was noticing things he had never seen be- through mutual funds in this company, Mr. DURBIN. Mr. President, this ar- fore: Sand blew into fertile land, and the rare and I will be notifying them that if ticle is from the Atlantic Magazine, rain washed away alluvial soil. Farmers who they do not divest their holdings of April 2007 issue. I came across it and had once hosted his tribe and his camels were now blocking their migration; the land this Chinese oil company in Sudan on a was attracted to the title of this arti- could no longer support both herder and timely basis, that I will be changing cle by Steven Faris titled ‘‘The Real farmer. Many tribesmen had lost their stock my company. I think that is a small Roots of Darfur.’’ and scratched at millet farming on marginal thing. I don’t have that big of an ac- When we have this debate about glob- plots. count, but if others will join me in that al warming and talk about climate The God-given order was broken, the effort, perhaps they will think twice change, we talk about the impact it sheikh said, and he feared the future. ‘‘The about these investments. might have on a great State such as way the world was set up since time imme- Petrochina and Sinopec are involved Florida over many years and other morial was being disturbed,’’ recalled de Waal. And it was bewildering, depressing. in some of Sudan’s largest oil projects. places around the world. Mr. Faris And the consequences were terrible.’’ My guess is the retirement accounts of writes an article that talks about the In 2003, another scourge, now infamous, 350 Catholic priests in Los Angeles climate change in this area, the Darfur swept across Darfur. Janjaweed fighters in

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And fighting makes it region, they left only smoke curling into the ing the chance of rain. ‘‘Africans were said nearly impossible to rethink land ownership sky. to be doing it to themselves;’’ says Isaac or management. ‘‘The first thing you’ve got At their head was a 6-foot-4 Arab with an Held, a senior scientist at the National Oce- to do is stop the carnage and allow mod- athletic build and a commanding presence. anic and Atmospheric Administration. erates to come to the fore,’’ says Thomas In a conflict the United States would later But by the time of the Darfur conflict four Homer-Dixon, a political scientist at the call genocide, he topped the State Depart- years ago, scientists had identified another University of Toronto. Yet even once that ment’s list of suspected war criminals. De cause. Climate scientists fed historical sea- happens, he admits, ‘‘these processes can Waal recognized him: His name was Musa surface temperatures into a variety of com- take decades.’’ Hilal, and he was the sheikh’s son. puter models of atmospheric change. Given Among the implications arising from the The fighting in Darfur is usually described the particular pattern of ocean-temperature ecological origin of the Darfur crisis, the as racially motivated, pitting mounted changes worldwide, the models strongly pre- most significant may be moral. If the re- Arabs against black rebels and civilians. But dicted a disruption in African monsoons. gion’s collapse was in some part caused by the fault lines have their origins in another This was not caused by people cutting trees, the emissions from our factories, power distinction, between settled farmers and no- or overgrazing; says Columbia University’s plants, and automobiles, we bear some re- madic herders fighting over failing lands. Alessandra Giannini, who led one of the sponsibility for the dying. ‘‘This changes us The aggression of the warlord Musa Hilal can analyses. The roots of the drying of Darfur, from the position of Good Samaritans—disin- be traced to the fears of his father, and to she and her colleagues had found, lay in terested, uninvolved people who may feel a how climate change shattered a way of life. changes to the global climate. The extent to which those changes can be moral obligation—to a position where we, Until the rains began to fail, the sheikh’s blamed on human activities remains an open unconsciously and without malice, created people lived amicably with the settled farm- question. Most scientists agree that green- the conditions that led to this crisis,’’ says ers. The nomads were welcome passers- house gases have warmed the tropical and Michael Byers, a political scientist at the through, grazing their camels on the rocky southern oceans. But just how much artifi- University of British Columbia. ‘‘We cannot hillsides that separated the fertile plots. The cial warming—as opposed to natural drifts in stand by and look at it as a situation of dis- farmers would share their wells, and the oceanic temperatures—contributed to the cretionary involvement. We are already in- herders would feed their stock on the drought that struck Darfur is as debatable as volved.’’ leavings from the harvest. But with the the relationship between global warming and drought, the farmers began to fence off their the destruction of New Orleans. ‘‘Nobody can Mr. DURBIN. Mr. President, I would land-even fallow land—for fear it would be say that Hurricane Katrina was definitely like to also ask unanimous consent ruined by passing herds. A few tribes drifted caused by climate change,’’ says Peter that the article I referred to in the elsewhere or took up farming, but the Arab Schwartz, the co-author of a 2003 Pentagon herders stuck to their fraying livelihoods— Wall Street Journal be printed in the report on climate change and national secu- RECORD at the end of my remarks. nomadic herding was central to their cul- rity. ‘‘But we can say that climate change tural identity. (The distinction between means more Katrinas. For any single storm, The PRESIDING OFFICER. Without ‘‘Arab’’ and ‘‘African’’ in Darfur is defined as with any single drought, it’s difficult to objection, it is so ordered. more by lifestyle than any physical dif- say. But we can say we’ll get more big (See exhibit 2.) ference: Arabs are generally herders, Afri- storms and more severe droughts.’’ cans typically farmers. The two groups are With countries across the region and Mr. DURBIN. Divestment is not the not racially distinct.) around the world suffering similar pressures, only answer, nor are stepped-up U.S. The name Darfur means ‘‘Land of the Fur’’ some see Darfur as a canary in the coal (the largest single tribe of farmers in sanctions or even multilateral U.S. mine, a foretaste of climate-driven political sanctions, but together these steps Darfur), but the vast region holds the tribal chaos. Environmental degradation ‘‘creates lands—the dars—of many tribes. In the late very dry tinder,’’ says de Waal. ‘‘So if any- might work. Hundreds of thousands of 1980s, landless and increasingly desperate one wants to put a match to it, they can people in Darfur have been killed, and Arabs began banding together to wrest their light it up.’’ Combustion might be particu- millions have been driven from their own dar from the black farmers. In 1987, they larly likely in areas where the political or homes. It is too late to repeat the published a manifesto of racial superiority, social geography is already fragile. ‘‘Climate empty promise of ‘‘never again,’’ but and clashes broke out between Arabs and change is likely to cause tension all over the Fur. About 3,000 people, mostly Fur, were we can at least live up to the pledge of world,’’ says Idean Salehyan, a political sci- no more. killed, and hundreds of villages and nomadic entist at the University of North Texas. camps were burned before a peace agreement Whether or not it sparks conflict, he says, I am reminded of my former col- was signed in 1989. More fighting in the 1990s depends on the strength, goodwill, and com- league, boss, and mentor, Paul Simon entrenched the divisions between Arabs and petence of local and national governments. of Illinois, who in 1994 joined Senator non-Arabs, pitting the Arab pastoralists (For more on the economic, political, and Jim Jeffords in asking that troops be against the Fur, Zaghawa, and Massaleit military tensions that global warming might farmers. In these disputes, Sudan’s central sent to Rwanda to try to stop the mas- create, see ‘‘Global Warming: What’s in It for sacre. We were told that 5,000 soldiers government, seated in Khartoum, often sup- You?’’ by Gregg Easterbrook, on page 52.) ported the Arabs politically and sometimes In Darfur itself, recognizing climate could have stopped that massacre of provided arms. change as a player in the conflict means 800,000 innocent people. No action was In 2003, a rebellion began in Darfur—a reac- seeking a solution beyond a political treaty taken. These innocent people died. tion against Khartoum’s neglect and polit- between the rebels and the government. Senator Simon and Senator Jeffords ical marginalization of the region. And while ‘‘One can see a way of de-escalating the did their best to try to call the atten- the rebels initially sought a pan-ethnic war,’’ says de Waal. ‘‘But unless you get at front, the schism between those who opposed tion of Congress and the Government the underlying roots, it’ll just spring back.’’ and the world to what was happening the government and those who supported it One goal of the internationally sponsored broke largely on ethnic lines. Even so, the peace process is the eventual return of locals in that nation, to no avail. conflict was rooted more in land envy than to their land. But what if there’s no longer But they can at least take satisfac- in ethnic hatred. ‘‘Interestingly, most of the enough decent land to go around? tion—the late Paul Simon and Jim Jef- Arab tribes who have their own land rights To create a new status quo, one with the fords—that they did their best as Mem- did not join the government’s fight,’’ says moral authority of the God-given order David Mozersky, the International Crisis mourned by Musa Hilal’s father, local lead- bers of the Senate. So many of my col- Group’s project director for the Horn of Afri- ers would have to put aside old agreements leagues on both sides of the aisle joined ca. and carve out new ones. Lifestyles and agri- me in this bipartisan effort to call at- Why did Darfur’s lands fail? For much of cultural practices would likely need to tention to the genocide in Darfur and the 1980s and ’90s, environmental degrada- change to accommodate many tribes on to urge our Government to take deci- tion in Darfur and other parts of the Sahel more fragile land. Widespread investment sive, meaningful action as quickly as (the semi-arid region just south of the Sa- and education would be necessary. possible to spare these suffering people. hara) was blamed on the inhabitants. Dra- But with Khartoum uncooperative, cre- matic declines in rainfall were attributed to ating the conditions conducive to these sorts I yield the floor.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8754 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 EXHIBIT 2 bration, a truly international honoring of However, as a result of objections [From the Wall Street Journal] the authentic spirit of ‘‘one world’’ and ‘‘one from the other side, the Senate now dream.’’ THE GENOCIDE OLYMPICS finds itself in the unfortunate position (By Ronan Farrow and Mia Farrow) Mr. DURBIN. Mr. President, I sug- of having to run out the clock for the gest the absence of a quorum. next several days rather than promptly ‘‘One World, One Dream’’ is China’s slogan The PRESIDING OFFICER. The for its 2008 Olympics. But there is one night- considering and completing action on mare that China shouldn’t be allowed to clerk will call the roll. this important legislation. sweep under the rug. That nightmare is The assistant legislative clerk pro- Let me remind my colleagues of the Darfur, where more than 400,000 people have ceeded to call the roll. long road we have been down with this been killed and more than two-and-a-half Mr. REID. Mr. President, I ask unan- bill already. million driven from flaming villages by the imous consent that the order for the The previous Republican-controlled Chinese-backed government of Sudan. quorum call be rescinded. Congress failed to pass an intelligence That so many corporate sponsors want the The PRESIDING OFFICER (Mr. DUR- authorization bill in fiscal year 2006 world to look away from that atrocity dur- BIN). Without objection, it is so or- and fiscal year 2007—2 years in a row. ing the games is bad enough. But equally dis- dered. That is an unprecedented and unac- appointing is the decision of artists like di- Mr. REID. Mr. President, I ask unan- ceptable record for this body: prior to rector Steven Spielberg—who quietly visited that, Congress had passed this bill China this month as he prepares to help imous consent that the motion to pro- stage the Olympic ceremonies—to sanitize ceed to S. 372 be agreed to. every single year for 27 years, often Beijing’s image. Is Mr. Spielberg, who in 1994 The PRESIDING OFFICER. Without with the bipartisan support of every founded the Shoah Foundation to record the objection, it is so ordered. Senator. As my colleagues know, the Intel- testimony of survivors of the holocaust, f aware that China is bankrolling Darfur’s ligence authorization bill funds the op- genocide? INTELLIGENCE AUTHORIZATION erations of the 16 agencies of the U.S. China is pouring billions of dollars into ACT FOR FISCAL YEAR 2007 intelligence community—including the Sudan. Beijing purchases an overwhelming The PRESIDING OFFICER. The CIA, the FBI, the NSA, the Defense De- majority of Sudan’s annual oil exports and partment—and all the critical work state-owned China National Petroleum clerk will state the bill by title. The assistant legislative clerk read they do to keep Americans safe and Corp.—an official partner of the upcoming fight the war on terror. Olympic Games—owns the largest shares in as follows: each of Sudan’s two major oil consortia. The A bill (S. 372) to authorize appropriations It includes essential initiatives that Sudanese government uses as much as 80% of for fiscal year 2007 for the intelligence and would improve our efforts to fight ter- proceeds from those sales to fund its brutal intelligence-related activities of the United rorism and control weapons of mass de- Janjaweed proxy militia and purchase their States Government, the Intelligence Com- struction, enhance our intelligence col- instruments of destruction: bombers, assault munity Management Account, and the Cen- lection capabilities, and strengthen in- helicopters, armored vehicles and small tral Intelligence Agency Retirement and Dis- telligence oversight. arms, most of them of Chinese manufacture. ability System, and for other purposes. Blocking the passage of this bill, as a Airstrips constructed and operated by the CLOTURE MOTION handful of Senators on the other side of Chinese have been used to launch bombing Mr. REID. Mr. President, I send a the aisle have done over the last couple campaigns on villages. And China has used cloture motion to the desk. of years, has left Congress silent on its veto power on the U.N. Security Council these important matters and made to repeatedly obstruct efforts by the U.S. The PRESIDING OFFICER. The and the U.K. to introduce peacekeepers to clerk will report the motion. America less secure. curtail the slaughter. The legislative clerk read as follows: Most of us in the Senate recognize As one of the few players whose support is CLOTURE MOTION how important it is to pass this bill. indispensable to Sudan, China has the power We, the undersigned Senators, in accord- We know it is not a partisan issue, that to, at the very least, insist that Khartoum ance with the provisions of rule XXII of the there are no political points to be accept a robust international peacekeeping Standing Rules of the Senate, hereby move scored on either side. But I am increas- force to protect defenseless civilians in to bring to a close debate on Calendar No. 20, ingly disappointed at the continued ob- Darfur. Beijing is uniquely positioned to put S. 372, the Intelligence Authorization bill of structionism by several Republicans on a stop to the slaughter, yet they have so far 2007. a matter of national security. been unabashed in their refusal to do so. Harry Reid, Chuck Schumer, Russell D. Earlier this year, Chairman ROCKE- But there is now one thing that China may Feingold, Jay Rockefeller, Evan Bayh, FELLER and Vice Chairman BOND at- hold more dear than their unfettered access Patty Murray, Dick Durbin, Jeff tempted to bring this bill up for consid- to Sudanese oil: their successful staging of Bingaman, Robert Menendez, B.A. Mi- eration. We were told the objections of the 2008 Summer Olympics. That desire may kulski, Dianne Feinstein, Bill Nelson, provide a lone point of leverage with a coun- E. Benjamin Nelson, S. Whitehouse, a single Senator on the other side of try that has otherwise been impervious to all Byron L. Dorgan, Blanche L. Lincoln, the aisle blocked their efforts. criticism. Ron Wyden. I have heard that some Senators on Whether that opportunity goes unexploited the other side of the aisle are inter- lies in the hands of the high-profile sup- ested in offering amendments, yet at porters of these Olympic Games. Corporate Mr. REID. Mr. President, I ask unan- this time none of these amendments sponsors like Johnson & Johnson, Coca-Cola, imous consent that the mandatory live have surfaced or seen the light of day. General Electric and McDonalds, and key quorum be waived and the cloture vote I would certainly like to be reason- collaborators like Mr. Spielberg, should be occur on Monday, April 16, at 5:30 p.m. able and accommodate every Senator’s put on notice. For there is another slogan The PRESIDING OFFICER. Without afoot, one that is fast becoming viral interest in debating amendments of- objection, it is so ordered. fered in good faith, but I am increas- amongst advocacy groups; rather than ‘‘One Mr. REID. Mr. President, I ask unan- World, One Dream,’’ people are beginning to ingly concerned that we are seeing ob- speak of the coming ‘‘Genocide Olympics.’’ imous consent that the Senate resume structionism and delay tactics, rather Does Mr. Spielberg really want to go down consideration of the bill on Monday at than productive debate. in history as the Leni Riefenstahl of the Bei- 3 p.m. and that Senator ROCKEFELLER Some may wonder what is behind the jing Games? Do the various television spon- be recognized at that time to offer a delay. At a time of war, why would a sors around the world want to share in that managers’ amendment on behalf of handful of Senators be willing to hold shame? Because they will. Unless, of course, himself and Senator BOND. up a bill that is crucial to our national all of them add their singularly well-posi- The PRESIDING OFFICER. Without security? tioned voices to the growing calls for Chi- objection, it is so ordered. Why would a group of Senators hold nese action to end the slaughter in Darfur. Mr. REID. Mr. President, earlier Imagine if such calls were to succeed in up a bill that has always passed quick- pushing the Chinese government to use its today the Senate invoked cloture on ly, with little debate or amendment? leverage over Sudan to protect civilians in the motion to proceed to the fiscal Why would they hold up a bill that Darfur. The 2008 Beijing Olympics really year 2007 Intelligence authorization enjoys overwhelming bipartisan sup- could become an occasion for pride and cele- bill. port?

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8755 It appears the answer lies not in the Army can use the dollars that Congress understand how the White House can legislation before us now but the legis- has already appropriated—some $52 bil- press Congress to build new hospitals lation the Senate will turn to next: lion—to help the Pentagon reach the in Iraq but object to $1.7 billion to pro- A Medicare bill that will lower drug end of May. Fifty-two billion dollars. vide first-class health care for our vet- costs for seniors and people with dis- Unless the administration has a new erans and another $1.3 billion for our abilities by giving the Federal Govern- military adventure up its sleeve that troops returning home from war. ment the power to negotiate drug the country doesn’t know about, that When this legislation is finished, we prices with some of this Nation’s most $52 billion will easily pay for continued will have a responsible plan that pro- powerful and profitable companies. operations in Iraq. vides key resources for our troops, This is not good faith debate—it is a The White House is spinning an takes care of our veterans returning cynical effort by the drug companies— imaginary tale of doom and gloom to home from war, and rebuilds the com- their lobbyists in Gucci shoes and try to scare the Congress and the coun- munities laid to waste by Hurricane chauffeured limousines—and their sup- try. But the facts just don’t support Katrina. And Congress will listen to porters—to hold this national security the administration claims. the American people and craft a re- bill hostage and delay the Senate from To underscore this factfinding effort, sponsible framework for the Iraqis to acting on legislation to help society’s the Army provided financial updates to take control of their own nation. This most vulnerable. the House of Representatives this week is not legislation that should be vetoed So I ask my colleagues to consider and told House officials that its cur- by this President; this is legislation this fair notice: unless I see some signs rent Army funding could last until the that he should sign into law. of good faith from the other side of the summer. Yet, to listen to the White We will announce a conference sched- aisle toward a reasonable timeframe House, one would think that our sol- ule soon and move forward quickly. for considering a reasonable number of diers will be out of bullets by Sunday. Our goal is to have the final legislation amendments, I will file cloture on this Another example of facts mattering. to President Bush by the end of the bill tomorrow. In remarks this week, before announc- month. The Senate has a lot of work ahead of ing that the troops would see their f it and it should begin with the swift tours of duty extended for at least 3 consideration and passage of this bill. months and that his escalation would ASSEMBLED CHEMICAL WEAPONS f take many months longer than he first ALTERNATIVES PROGRAM MORNING BUSINESS planned, President Bush spoke of a re- Mr. MCCONNELL. Mr. President, I Mr. REID. Mr. President, I ask unan- programming request for $1.6 billion rise today to discuss the future of the imous consent that the Senate now from personnel accounts. That is Wash- Assembled Chemical Weapons Alter- proceed to a period for the transaction ington-speak for shifting funds around native, ACWA, program, which is of of morning business, with Senators to pay the bills. Basically, the Pen- vital importance to the people of Madi- permitted to speak for up to 10 minutes tagon is considering a shift of dollars son County, KY. each. from September’s payroll budget to The people of Madison County are The PRESIDING OFFICER. Without fund the President’s surge plan. Yet, to living right next door to over 500 tons objection, it is so ordered. hear the dire claims coming from the of the deadliest material ever con- White House, this shift would wreak ceived by man. It is stored at the Blue f havoc on the Pentagon. The truth is Grass Army Depot, BGAD. Understand- EMERGENCY SUPPLEMENTAL that no havoc will ensue. This shift is ably, those in the nearby community APPROPRIATIONS one that the Pentagon has adopted on would like to see these weapons dis- Mr. BYRD. Mr. President, early next many occasions in years past, during posed of as safely and quickly as pos- week, Members of the House and Sen- times of war and peace. This is a sim- sible. It is the mission of the ACWA ate will meet to work on the final ply accounting move, not a major blow program, as well as the Department of version of the emergency supplemental to the Pentagon’s war machine. Defense, to do just that. appropriations bill. The Senate’s It is time for the White House to drop Recently, the program manager for version of this legislation provides $123 this trumped-up crisis talk and get ACWA, Mike Parker, decided to retire. billion primarily for the wars in Iraq down to the truth. Mike has left big shoes to fill. The and Afghanistan, for improving the Let’s take a look at what the House question then is, who will take Mike’s health care for returning soldiers and and Senate have actually approved. place? Whoever is picked to perma- veterans, for continued Hurricane The House and the Senate, on a bipar- nently fill his position will need to pos- Katrina recovery for the gulf coast, to tisan basis, have each approved nearly sess a number of qualifications. These fill major gaps in homeland security, $100 billion for our soldiers, sailors, air- traits include an appreciation for the and to provide emergency drought re- men, and marines. The House and the unique culture at ACWA. Central to lief for farmers. The President has as- Senate, on a bipartisan basis, approved that culture is the willingness to work serted that Congress is holding funding funding to improve the health care of collaboratively and openly with the for the troops hostage for what he calls our troops and our veterans. The House local community and with Congress. It ‘‘porkbarrel’’ spending. What nonsense. and Senate, on a bipartisan basis, ap- would be unfortunate if the new pro- Facts matter. Once again, the Presi- proved funding to speed long-delayed gram manager, whoever it may be, dent does not seem to know the facts. Hurricane Katrina reconstruction. The were to attempt to impose solutions This is legislation that meets some of House and Senate, on a bipartisan unilaterally onto the community and the most critical needs of our troops basis, approved funding to close the to act without transparency and con- and our Nation. major gaps in our homeland security sultation with Congress. I also trust In the days since the Senate ap- that could be exploited at any moment. that the new program manager will un- proved this legislation, the White These priorities, the White House derstand the need to complete work at House has taken on the regular prac- claims, are extraneous and wasteful. BGAD as soon as is safely possible; not tice of demonizing the Congress and at- On top of the $38 billion already ap- as soon as the department finds it to be tacking the bipartisan bill. On Tues- proved by Congress for the reconstruc- convenient. day, for instance, President Bush re- tion of Iraq, now the White House has Finally, the new program manager peated his hollow claims that the requested $3.7 billion more to rebuild needs to be fully committed to chem- Army will run out of money if Congress Iraq. I cannot understand how the ical neutralization at BGAD as this ap- doesn’t finish this legislation by the White House can champion another $3.7 proach has already been selected by the weekend. What nonsense. billion to rebuild Baghdad but object to department, embraced by the commu- The nonpartisan Congressional Re- $3.3 billion to rebuild the hurricane- nity and endorsed by the state of Ken- search Service has reported that the ravaged gulf coast of America. I cannot tucky. Any variance from this path

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8756 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 would only lead to additional delay in and local law enforcement programs Chance Act supports our communities eliminating the risks associated with that are effective in helping ex-offend- and local law enforcement by sup- these stored weapons. ers often lack adequate resources and porting housing programs for ex-of- The job of disposing of chemical guidance. fenders, so that they can take the first weapons at BGAD is not just to be laid Future generations will bear the bur- steps towards getting back on their at the feet of the program manager for den created by today’s high recidivism feet and rejoining the community. ACWA. It is a mission entrusted to the rates. In 2006, the Department of The Second Chance Act also supports Department of Defense. Accordingly, Health and Human Services reported mental health care and substance the department itself needs to provide that 2 million children nationwide have abuse treatment programs that are oversight over ACWA to ensure that an incarcerated parent. Studies suggest vital to many ex-offenders as they the new program manager is acting in that these children are seven times struggle to reintegrate. Nearly a quar- a manner consistent with the way more likely to end up in prison them- ter of State prisoners and jail inmates ACWA has conducted its business in selves. One study found that as many with a mental health problem had the past. Those at the department also as 1 in 10 will have been incarcerated served three or more prior incarcer- need to support the ACWA program before reaching adulthood. Of the ap- ations, yet two-thirds of State pris- manager’s mission by providing suffi- proximately 100,000 juveniles who are oners do not receive mental health cient funding in the annual budget re- currently incarcerated, many will be- treatment. In substance abuse treat- quest, in the $450–500 million range, so come recidivists because of a lack of ef- ment, more than two-thirds of State that the chemical weapons are disposed fective reentry programs. prisoners have been regular drug users of in a timely fashion. In the past, the This increasingly serious failure de- at some point during their lives, and department has chosen to tie itself in mands a comprehensive solution that one-third had committed the crime for bureaucratic knots over the program. takes into account both the challenges which they were imprisoned while Those days need to end. These chem- that ex-offenders face and the role of under the influence of drugs. ical weapons need to be destroyed. The law enforcement and community and According to a recent Bureau of Jus- people of Madison County deserve no family-based programs in successful re- tice Statistics report, of the approxi- less. entry. That is why I am pleased to join mately 50 percent of prisoners who met f my colleagues in support of the Second the criteria for drug dependence or Chance Act. This legislation provides abuse, less than half participated in RECIDIVISM REDUCTION AND an opportunity for law enforcement, drug treatment programs since their SECOND CHANCE ACT communities, and families to give admission to prison. To address these Mr. KENNEDY. Mr. President, for far former offenders a helping hand that issues, the Second Chance Act reau- too long the criminal justice system the vast majority of them will use to thorizes mental health care and sub- has failed to adequately address recidi- become productive members of society. stance abuse treatment demonstration vism, and that failure has imposed a The Second Chance Act provides fi- projects and provides resources and large financial and social cost on the nancial support, research, and guidance best practices research to comprehen- Nation. Even the best-intentioned pris- for proven and cost-effective solutions sive community-based and family- oners face debilitating challenges when to the health, housing, substance based substance abuse programs. The they rejoin their communities, yet the abuse, education, and employment programs supported by this legislation current system leaves them ill-pre- challenges that former offenders face give ex-offenders the care and treat- pared to face those challenges. in reintegrating into their commu- ment they need to remain drug free Our existing policies of mass incar- nities. It funds mentoring grants, dem- and out of prison. ceration and release are not working. onstration grants, drug treatment, and We also cannot expect ex-offenders to Large prison populations and high re- family-based treatment. It authorizes become productive members of the cidivism rates place heavy burdens on the National Institute of Justice to community if they don’t have the edu- prisons, communities, and taxpayers. conduct research on offender reentry cation and vocational training they Of the 2.2 million persons housed in and on the need for a national resource need to find jobs. The Bureau of Jus- prisons today—an average annual in- center for State, local, and community tice Statistics reports that only 46 per- crease of 3 percent in the past decade— service providers to collect and dis- cent of incarcerated individuals have a 97 percent will be released into the seminate best practices. The bill also high school diploma or its equivalent. community. Overcrowding continues to creates an interagency taskforce to re- The limited availability of education plague the system. State prisons are view and report to Congress on the and vocational training programs exac- operating at full capacity and some- Federal barriers that so many ex-of- erbates the problem. Only 5 percent of times as much as 14 percent above ca- fenders face. jail jurisdictions offer vocational train- pacity, and Federal prisons are 34 per- A second chance starts with a place ing, and 33 percent of jurisdictions cent above capacity. In 2005, prison to live. This bill will promote programs offer no educational or vocational populations in 14 States rose at least 5 that help recently released inmates training at all. percent. Recidivism and inadequate re- overcome the first major hurdle they Research shows what a profound ef- entry programs add to the problem. face—finding safe, adequate, and af- fect such programs have on decreasing Over 600,000 prisoners are released each fordable housing. 15 to 27 percent of recidivism rates. Recidivism for in- year, but two-thirds of them are ar- prisoners expect to go to homeless mates who participate in prison edu- rested again within 3 years. shelters upon release. Figures pub- cation, vocation, and work programs The social cost of recidivism is dev- lished by the Volunteers of America in have been found to be 20 to 60 percent astating to communities, and it also 2004 indicated that two-thirds of former lower than for nonparticipants. The imposes a financial burden. States prisoners who lacked adequate housing Federal Bureau of Prisons found a 33- spend an average of approximately had committed crimes within 1 year of percent drop in recidivism among Fed- $22,000 annually to house a prisoner. their release, compared to only one- eral prisoners who participated in vo- Taxpayers spend more than $60 billion quarter of those who had housing. An- cational training. annually on corrections, more than six other recent study released by the Na- The Safer Foundation in Chicago times the $9 billion spent 25 years ago. tional Criminal Justice Reference found a recidivism rate of 8 percent for Yet the current system still fails to Service showed that 30–50 percent of participants in its vocational program, adequately support the essential pro- parolees in urban areas such as Los An- compared with 46 percent for a com- grams for health, housing, substance geles and San Francisco are homeless, parison group. The Second Chance Act abuse, education, and employment that which compounds the profound hard- supports community education and vo- ex-offenders need to reintegrate into ship that re-integration already places cational training programs that have their communities. Even community on urban communities. The Second proven their effectiveness, and offers

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8757 the tools and resources to study best and Federal prisoners ages 50 or older grams and support they need to get practices on job training and place- rose 172 percent between 1992 and 2001, back on their feet and become positive, ment. It also supports collaboration and some estimates suggest that the productive members of their commu- among community corrections, tech- elderly inmate population has grown nities. nical schools, community colleges, and by as much as 750 percent over the last f the workforce development and em- two decades. Even conservative esti- ployment service sectors to help ex-of- mates suggest that the population of DECEPTIVE FOOD PACKAGING fenders overcome the many barriers elderly inmates will represent 33 per- Mr. LEVIN. Mr. President, today I they face in finding employment. cent of the total prison population by call attention to a development within In addition to addressing adult ex-of- 2010. The average cost of housing the the U.S. Food and Drug Administra- fender reentry programs, the Second increasing number of elderly inmates tion, FDA, that has resulted in the sale Chance Act also supports juvenile ex- is reported to be about $67,000, three of carbon-monoxide-treated meat to offender reentry programs that put ju- times the average cost of housing American consumers. Allowing this venile ex-offenders on the path to being younger inmates. As the age of the in- can deceive American consumers and productive adults and good citizens. mate population grows over the next raises serious public health concerns The nearly 100,000 children who make decade, the total spent on corrections since the consumers can no longer rely up the juvenile prison population are will increase dramatically, even on the way the meat looks to indicate among the most vulnerable and de- though nonviolent elderly offenders its freshness. fenseless group in our criminal justice pose little risk to the community. And The use of carbon monoxide turns system. Too often, we fail to protect according to a Department of Justice beef a shade of red that mimics very them. Many juvenile ex-offenders have report, they have a recidivism rate of fresh red meat. Mixing carbon mon- learning disabilities and need sub- only 1.4 percent, much lower than the oxide into the pre-packaged, air-tight stance abuse and mental health treat- rate for younger inmates. packaging of beef allows it to retain its ment. Many are incarcerated in over- Housing elderly inmates also raises red color long after the expiration date crowded facilities. All need an edu- humanitarian concerns. Often they re- on the package. cation and the support of community- quire treatment for chronic and fatal The meatpacking industry argues based programs to reintegrate them diseases, protection from younger pris- that beef is actually safe up to 20 days after incarceration. To help give juve- oners, and alterations to accommodate when refrigerated and much longer if it nile ex-offenders the second chance walkers, canes, and geriatric chairs. is frozen. They also argue that because they need to become positive forces in According to the National Institute of untreated meat can begin to turn their communities, this bill reauthor- Corrections: brown before its expiration date, it is izes the Juvenile Offender Reentry [T]he lack of personal protection for elder- not a true indication of the meat’s Demonstration Projects, creates a re- ly inmates, which may be frail and therefore freshness and consumers should not be vulnerable to the threats of assault by relying on the color of the meat, but source center to collect data and pro- younger predatory inmates, contributes to vide guidance concerning best prac- the emotional stress and physical deteriora- the expiration date on the package. tices for juvenile reentry, offers grants tion they routinely experience, especially That is a theoretical argument that to improve educational methods in ju- among those who may be already vulnerable fails in the real world. Consumers do venile facilities, and supports commu- owing to chronic illness. rely on meat color and the industry nity and family-based juvenile Housing nonviolent elderly offenders knows that the only purpose of using aftercare programs. is not just a financial issue. It is also a carbon monoxide is to maintain the red In Massachusetts, programs like humanitarian problem for which we color. Experiments with treated and those that the Second Chance Act must find new solutions. untreated packages of beef compared would authorize have already been na- Forty-one states already offer some how they age under refrigeration. After tionally recognized for their success. In kind of early limited release program the expiration date, untreated meat be- Hampden County, Sheriff Michael Ashe for elderly inmates. The American Bar gins to turn brown, while meat was and the Hampden County Sheriff’s De- Association has recently endorsed a still rosy pink if treated with carbon partment have shown that law enforce- proposed amendment to the sentencing monoxide. Even though the treated ment and community-based reentry guidelines to allow more lenient sen- beef looked fresh, it was in fact con- programs that focus on education, em- tencing for nonviolent elderly offend- taminated with E. coli bacterium and ployment and treatment are the most ers. By supporting the Elderly Non- salmonella. effective way to reduce recidivism and violent Offender Pilot Program, Con- The FDA has had longstanding rules improve community safety. States gress takes an important step towards against color alteration of meats but, such as Massachusetts have been cre- addressing the humanitarian and finan- inexplicably, the FDA has allowed car- ating innovative and effective reentry cial challenges of housing an aging bon-monoxide-treated packaging to programs, and it is time for the Fed- prison population. The Federal Bureau move forward. I asked the Food and eral Government to do its part. Sup- of Prisons estimates that 378 non- Drug Administration for an expla- porting such programs is the surest violent elderly offenders, and an aver- nation of this change. In their re- way to ensure that when ex-offenders age of 53 nonviolent elderly offenders a sponse, the FDA claims that adding leave prison, they go with the skills, year over the next decade, will be eligi- carbon monoxide to the packaging guidance, and support they need to suc- ble for the program. It offers an oppor- meets their standard of ‘‘generally rec- ceed. tunity to demonstrate the effectiveness ognized as safe,’’ and no further FDA I am especially pleased that the Sec- of alternatives to housing elderly in- approval is required. ond Chance Act will support the Elder- mates, and I hope its success will lead Relying on the procedures for sub- ly Nonviolent Offender Pilot Program, to a more comprehensive solution to stances that are ‘‘generally recognized which focuses on reintegrating non- one of the important challenges facing as safe’’ is inappropriate for color addi- violent elderly offenders over the age the prison system. tives and surely that should include of 60. The current strategy of incarcer- When ex-offenders return to prison, any substance added to food whose pur- ating elderly inmates who are no all Americans pay a price, both social pose is to change its color. Under the longer a threat to their community is and financial. The Second Chance Act Federal Food, Drug and Cosmetic Act, a waste of government resources and a supports a comprehensive solution to the FDA is required to issue, through humanitarian failure, and the problem the recidivism problem in America—a notice and comment rulemaking, the is only getting bigger as the elderly problem that we cannot afford to ig- permissible conditions of use in regula- prison population grows. A 2004 report nore. It is a solution that allows local tions ‘‘listing’’ the color additive. The by the National Institute of Correc- law enforcement, communities, and color additive ‘‘listing’’ procedure is a tions found that the number of State families to offer ex-offenders the pro- transparent process in which the public

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8758 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 is engaged. Consumers have the oppor- forming consumers that such a process was Tech and submitted to the FDA by sup- tunity to comment on the safety and used. porters of CO-meat seemed to corroborate deception risks that are presented. For Even USDA has acknowledged the risk of these findings—that CO-treated meat may be the FDA to allow the use of carbon misrepresentation to consumers by noting spoiled prior to the use-by date on the label. that the use of carbon monoxide ‘‘with case The question now becomes, ‘‘Are the agen- monoxide for color alteration under ready fresh cuts of meat and ground beef cies acting in the best interests of con- the ‘‘generally recognized as safe’’ no- could potentially mislead consumers into be- sumers?’’ If you believe as we do that they tification procedure ignores the well lieving that they are purchasing a product are not, then it is incumbent upon Congress established listing requirements for that is fresher or of greater value than it ac- to act. public engagement in the policy devel- tually is and may increase the potential for As a result of the agencies’ acceptance of opment process. masking spoilage.’’ This is precisely the situ- this process and unwillingness to revisit Since there are currently no require- ation Congress, by law, intended to proscribe their decision based on new information pro- ments for the meatpacking industry to in establishing the adulteration and mis- vided to them over the course of this past branding provisions of the Federal Food, year, the onus is now on consumers to deter- label which meats have been packed in Drug and Cosmetic Act (FDCA) and the Fed- mine for themselves if the meat they are carbon monoxide and which have not, eral Meat Inspection Act (FMIA) in the early buying is fresh, not presented to them in a it is especially important for con- 1900s. deceptive manner, or potentially unsafe. Un- sumers to look for the expiration date As a result of recent foodborne illness out- fortunately, consumers have been put in this printed on all meat package labels and breaks which sickened hundreds and caused position without the information or tools to not just at the color of the beef. Even several deaths, consumers are becoming in- make these determinations—such as clear if the meat is purchased before the ex- creasingly concerned about the federal gov- labeling that indicates the use and purpose piration date, consumers still need to ernment’s ability to protect them from con- of carbon monoxide, and communications taminated food. Consumers want more dis- programs to inform consumers not to use be aware that beef packaged in carbon closure about food-processing practices, not color to judge the freshness and quality of monoxide can spoil at home yet still obfuscation, as is occurring with meat uti- meat, as they usually do. As a result, con- look fresh. If consumers judge the lizing a MAP process. sumers have no indication that the color of freshness of beef by its red color with- The use of carbon monoxide in the MAP this meat is the result of the addition of car- out checking the expiration date on processing of fresh meat means that con- bon monoxide to the packaging and are de- the package, they risk their health. sumers have no way of judging the freshness nied the opportunity to make informed pur- Prepackaged beef should not be of the meat, which Consumer Reports found chasing decisions. This practice therefore treated with carbon monoxide, but at a could be spoiled even before the labeled ‘‘use- can deceive the consumer into believing that minimum, meat that has been treated by or freeze-by’’ date. Proponents of carbon meat is fresh when it may be spoiled or that monoxide disingenuously point to smell as a it is of higher quality than it appears. with carbon monoxide should be clear- telltale sign of spoilage but consumers can’t We respectfully urge the 110th Congress to ly labeled so that consumers know use smell with sealed packages before the take this matter up by instituting an imme- what they are buying. point of purchase. They have to wait until diate ban on the use of carbon monoxide in Six consumer groups recently sent a they have purchased the meat and taken it a MAP process for case-ready fresh meat. letter to Senators asking that Congress home to open the package and be able to This meat is sitting, unlabeled, on grocery take action on this important health smell it. Those with impaired senses of smell store shelves now and no action by FDA or issue. I ask unanimous consent that may have difficulty in detecting ‘‘off’’ odors. USDA to reconsider its GRAS decision seems In addition, those at greatest risk of con- to be forthcoming, despite the numerous this letter be printed in the RECORD. tracting the most serious forms of foodborne concerns raised above. There being no objection, the mate- illness, such as the elderly, may have dif- Sincerely, rial was ordered to be printed in the ficulty reading the stamped dates on the CHRIS WALDROP, RECORD, as follows: packages. Consumer Federation CONSUMER FEDERATION OF AMER- The Consumer Federation of America spon- of America. ICA—CONSUMERS UNION FOOD & sored a national survey that demonstrated JEAN HALLORAN, WATER WATCH—GOVERNMENT AC- overwhelming opposition from consumers to Consumers Union. COUNTABILITY PROJECT NATIONAL the use of carbon monoxide in meat. When WENONAH HAUTER, CONSUMERS LEAGUE—SAFE TA- asked whether the practice of treating red Food & Water Watch. BLES OUR PRIORITY meat with carbon monoxide is deceptive or JACQUELINE OSTFELD, JANUARY 18, 2007. not, 78 percent of consumers surveyed said Government Account- DEAR SENATOR: We write to urge Congress the practice is deceptive. In that same sur- ability Project. to institute a ban on the use of carbon mon- vey 68 percent of consumers said they would LINDA GOLODNER, oxide in a modified atmosphere packaging strongly support a mandatory labeling law National Consumers (MAP) process for case-ready fresh meat. In for carbon monoxide-treated meat. League. January 2006, consumer groups sent a letter In addition, industry insistence that con- NANCY DONLEY, to the Food and Drug Administration (FDA) sumers rely on ‘‘use-by’’ or ‘‘freeze-by’’ dates S.T.O.P.—Safe Tables and the Department of Agriculture (USDA) to determine the freshness of the meat is not Our Priority. requesting the FDA and the USDA to re-visit valid. Conventionally packaged (on-site) f their acceptance of carbon monoxide usage meat and ground beef generally has a shelf in case-ready meats as a GRAS (generally life of approximately four to five days, at UPCOMING ELECTIONS IN NIGERIA recognized as safe) substance. This request which time the meat turns brown and is ei- was made for several reasons: (1) the science ther discounted or discarded. Meat that ar- Mr. OBAMA. Mr. President, I rise behind the decision is questionable; (2) the rives in store in a ‘‘case-ready’’ condition in today to discuss the situation con- decision was made without the benefit of typical packaging (packaging that has not cerning the upcoming elections in Ni- public dialogue and input; (3) this process used CO or the MAP process) has a shelf life geria. has already been banned in Europe; and (4) of 10 to 12 days, before the meat changes The people of Nigeria have a historic there is concern by the American public that color. Contrast these shelf lives with the 28– achievement within their grasp: their the meat that they purchase could look day shelf life granted by USDA for ground country’s first peaceful, democratic fresher and safer than it actually is. How- beef that is packaged under a MAP process ever, despite repeated calls from members of utilizing carbon monoxide. Even after that transfer of power from one elected ci- Congress and consumer groups, the agencies period of time, the artificially bright red vilian government to another. To se- have not acted. color persists, lessening the likelihood that cure this victory for themselves and for The addition of carbon monoxide utilized consumers will check the ‘‘use-by or freeze- Africa, and to retain the kind of inter- in the MAP processing of fresh meat pro- by’’ date. national confidence in Nigeria’s future duces a new, bright red color in the meat, The findings of two studies, one by Con- that is essential for the country’s which then masks the natural browning of sumer Reports and one sponsored by Kalsec growth, Nigerians need and deserve the the meat that would occur over time. This and conducted by S&J laboratories, raised strongest possible international sup- could induce consumers to buy and use meat serious concerns that some carbon mon- products that are not as fresh as they ap- oxide-treated meat on store shelves and port for free, fair, and peaceful elec- pear. Furthermore, case ready packages of available to consumers may be spoiled prior tions on April 14 and 21. meat processed with carbon monoxide are to the use-by date stamped on the package. Successful elections are not guaran- not at this time required to have labeling in- Additionally, a study conducted at Texas teed. Political violence and serious

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8759 irregularities have tarnished past poll- these or similar weapons find their way Washington State. He brought the Pa- ing in parts of the country, denying into the arsenals of potential adver- triots to their first Super Bowl in 11 some Nigerians their democratic saries, if they have not already done years, and despite ultimately losing to rights. No one truly interested in Nige- so.’’ Brett Favre and the Green Bay Pack- ria’s long-term stability and prosperity The August 2003 U.S. Army Intel- ers, a newfound feeling of excitement can accept repeats of these incidents as ligence training handbook, ‘‘A Military and pride overtook New England’s foot- regular features of the country’s polit- Guide to Terrorism in the Twenty- ball fans. And that feeling hasn’t sub- ical landscape. First Century,’’ specifically identified sided. There is already cause for concern large caliber sniper rifles as an attrac- After Tom Brady went down in the this time around. Regrettably, prepara- tive weapon for terrorists to use for an AFC playoff in 2002, Bledsoe led the Pa- tions for this month’s elections have assassination. It noted that .50 caliber triots to victory over the Pittsburgh been sluggish, and the independence of sniper rifles are of particular interest Steelers, ensuring the Pats a spot in the electoral commission has been because they can engage attacks on Super Bowl XXXVI. And as you know, compromised. Important national dis- ‘‘targets that are difficult to get close that was just the beginning of the New cussions about corruption and account- enough for other weapons,’’ yet ‘‘can England football dynasty. ability have been temporarily hijacked also effectively engage light armored Bledsoe is a four-time Pro-Bowl quar- by elaborate preelection maneuvering. vehicles.’’ terback, who throughout his career But the Nigerian people can still suc- A 2004 report on security at Los An- threw for more than 44,000 yards and ceed in exercising their democratic geles International Airport, LAX, spe- completed more than 250 touchdown rights and taking control of their na- cifically warned of snipers using .50 passes. He finished his career 7th all- tional destiny. The rule of law, not the caliber rifles to fire at parked or tax- time in yards passing, 13th in touch- wishes of the powerful, can resolve out- iing aircraft among a list of potential downs, and 5th in completions. standing questions about the electoral terrorist attack tactics. The RAND His career off the field was just as process. American interests in working Corporation compiled this list by con- impressive. Bledsoe has long worked to with a strong and democratic Nigerian sidering information gathered by intel- help improve the lives of children by teaching parenting skills through both partner will remain powerful regardless ligence organizations based on the his- the Drew Bledsoe Foundation and Par- of who is victorious when the returns torical tendencies and capabilities of enting with Dignity. The programs’ come in, which is precisely why we terrorist organizations. The analysis curriculum, which teaches the impor- should use our voice now, not to favor however was not able to identify ‘‘any tance of family values, is used nation- any party or candidate, but to support truly satisfactory’’ security improve- wide, reaching an estimated 1.75 mil- Nigeria’s democracy. ment options to protect against such lion American families. He has also f sniper attacks. In November 2004, the Homeland Se- served as international chairman of the FIFTY CALIBER SNIPER RIFLES curity Center at the University of Children’s Miracle Network, helping to Mr. LEVIN. Mr. President, militaries Southern California, funded by the U.S. raise millions of dollars to benefit chil- around the world use .50 caliber sniper Department of Homeland Security, dren nationwide. Bledsoe is the recipient of the Thur- rifles which are noted for their power- identified .50 caliber sniper rifles as an man Munson Humanitarian Award, the ful and destructive capabilities. In the imminent threat to civil aviation. A NFL Alumni Spirit Award for exem- hands of a terrorist, these weapons risk analysis prepared by the center plifying the spirit of the NFL caring could inflict devastating results. The stated that the range and power of .50 for kids and the Walter Payton Man of fact that terrorists can legally obtain caliber sniper rifles enable them to the Year Award, chosen by his team- weapons in the United States with such ‘‘target fuel tanks, passengers, pilots, mates for demonstrating balance be- destructive capabilities puts us all at and down aircraft in the worst case.’’ It tween civic and professional respon- great risk. also noted that al Qaida has acquired sibilities. He also received the Ed In 1985, a previously classified Na- and used these rifles against coalition Block Courage award, chosen by his tional War College strategic study re- forces in Iraq. teammates as the NFL player dem- port, written by a former Deputy As- These destructive weapons are cur- onstrating the most courage and char- sistant Director of the U.S. Secret rently subject to only minimal Federal Service, warned of the growing threat acter. regulation. Buyers need to only be 18 Drew Bledsoe has conducted himself from large caliber sniper rifles, specifi- years old, rather than the 21 years of cally .50 caliber rifles. These ‘‘long with both dignity and maturity age which is required for handgun pur- throughout his 14 years in the NFL, range weapons pose a significant threat chases. There is no minimum age re- for U.S. National Command Authority and today I, along with Patriots fans quirement for the possession of a .50 across New England, congratulate him figures if used by terrorists or other as- caliber weapon and no regulation on sailants,’’ the Secret Service warned. on a fantastic career and wish him suc- second hand sales. Congress must do cess in the next chapter of his life. ‘‘These weapons are more accurate more to help keep military style fire- than shoulder fired antitank rockets arms out of the hands of terrorists. f and, if used against aircraft, [are] im- f ADDITIONAL STATEMENTS mune to electronic counter measures.’’ Ten years later the RAND Corpora- HONORING OF DREW BLEDSOE tion, a nonprofit global policy think Mr. KERRY. Mr. President, today I TRIBUTE TO ELEANOR SANTEE tank, issued a report identifying .50 wish to honor former New England Pa- ∑ Mr. CASEY. Mr. President, today, I caliber sniper rifles as a serious threat triots Quarterback Drew Bledsoe on his would like to honor a woman of incom- to the security of U.S. Air Force bases. retirement, after 14 years in the Na- parable dedication and grace. After 26 After noting the success of Barrett tional Football League, NFL. years of loyal service to the Scranton sniper rifles against light armored ve- Drew Bledsoe helped usher in the School District, Mrs. Eleanor Santee hicles in the 1991 gulf war, the report modern era of Patriots football. retired from her position as a secretary noted, ‘‘Such weapons also give light Throughout his career, Drew Bledsoe at Robert Morris Elementary School forces a portable and quite deadly op- may have also played for the Buffalo on March 2, 2007. tion against parked aircraft. These ri- Bills, an AFC East rival of the Patri- Throughout Eleanor’s years of serv- fles are effective against man-sized tar- ots, and for the Dallas Cowboys, but he ice, the combination of her experience gets up to 1,600 meters away and could got his start in chilly Foxboro, MA. and work ethic allowed her to provide hit aircraft sized targets at even great- Fourteen years ago, a young Bledsoe capable administrative support for the er ranges.’’ It further states that, ‘‘it was the first overall selection in the three principals of Robert Morris Ele- seems only a matter of time before NFL Draft for New England draft of mentary under whom she served. More

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8760 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 importantly, Eleanor took the time Board director of Farmers Supply Co- photo of a Soldier on bended knee in Iraq and initiative to provide support, en- operative. He was also appointed by the carrying an almost unbearable load. couragement, and friendship to the Secretary of Agriculture as a member I explained to Secretary Harvey that this thousands of students who passed of the Cotton Board. picture should serve to remind him—that Through his work with Delta Coun- like all leaders across our Army—everything through the school during tenure. he does will impact our Soldiers on the Some people with Eleanor’s years of cil, Tom has become a strong advocate ground. Our challenge, therefore, was to experience might have become compla- and effective leader in advancing Delta lighten the load our Soldiers bear (in other cent, but Eleanor understood that in Council’s mission in adult literacy, the words, to ‘‘take things out of their order to be successful a school must go fight against critical teacher shortages rucksacks,’’ as we like to say). beyond mere academic success; it must in the primary and secondary school While he has kept it on his desk for two also provide a nurturing environment system, improved access to health years let me tell you in no uncertain terms where pupils can develop the knowl- care, and in transportation develop- Secretary Harvey needed no such reminder. ments which are so vital to the delta He was quick to state, and truly believed, edge, skills, and attitudes necessary for that ‘‘Soldiers are and will always be our success throughout life. Eleanor made region. centerpiece. Their efforts are the reason the an indelible mark on Robert Morris El- I congratulate Tom Gary and his wife Army is one of the most respected organiza- ementary and all who passed through Moxie for the contribution they have tions in America.’’ there. She can take pride in a job well made to the delta through their service This conviction was evident in everything done. in Delta Council during the past year.∑ I saw him do as our Secretary. Everything In retirement, I have no doubt that f was based on his passionate concern for the Eleanor will continue to be an active Army, its Soldiers, their families, and our TRIBUTE TO FRANCIS HARVEY Army Civilians. citizen of my hometown, Scranton, PA, ∑ This concern is reflected in the other pic- where she resides with her husband Mr. LIEBERMAN. Mr. President, today I wish to speak about a recent ture on his desk, one of two ladies, the moth- Richard. ers of two fallen Soldiers. That picture I congratulate Eleanor on her many change in the top leadership in our serves as a reminder of the sacrifices our years of service to Robert Morris Ele- Army. Dr. Francis Harvey departed as Soldiers and their families are making. His mentary School and wish her the best Secretary of the Army at a ceremony dedication was reflected in his personal and in health and happiness at the comple- at Fort Myer, VA. Farewell ceremonies professional commitment to ‘‘provide a qual- tion of an admirable career.∑ are often held at Fort Myer for soldiers ity of life for our Soldiers that matched the of all ranks as they pass the torch to quality of service they provide to the Na- f those men and women who will take tion.’’ APPRECIATION FOR TOM GARY, over the responsibility of defending our And he has worked tirelessly to do just JR. that. Because of his vision, his dedication, Nation. The ceremony at Fort Myer and his unfailing commitment he departs our ∑ Mr. COCHRAN. Mr. President, I am honors their contributions and symbol- ranks today knowing with absolute cer- pleased to commend Tom Gary of izes the continuity between the past tainty that our Soldiers and their families as Greenwood, MS, for his distinguished and the future. Secretary of the Army well as the Army Civilians who support them service during the past year as presi- Harvey’s service as Secretary of the have benefited greatly from his service. I dent of the Delta Council. Army was during a particularly crucial have no doubt that our Army is far better Delta Council is an economic devel- time for the Army. The Nation is at today than we were just two years ago war against a dangerous and deter- Our progress in many cases is the direct re- opment organization representing the sult of his determination to stand-up to business, professional, and agricultural mined enemy. That war is of long dura- those who challenged the basis of our re- leadership of the 18 delta and part- tion, and the Army has borne the brunt quirements to properly support our Soldiers. delta counties of Northwest Mis- of the fighting. The nature of this war, He also inspired us to think differently and sissippi. Delta Council was organized in and the demands it has made on the far more strategically about how we ‘‘do 1935 to help meet the challenges which Army, has resulted in great challenges business.’’ Without doubt these qualities are confronted this region of our State. for the senior leadership of the Army. a testament to the unique brand of values- A major concern of the Mississippi Secretary Harvey accepted those chal- based, principle-centered leadership he dem- Delta was the impact of Mississippi lenges and worked with skill, deter- onstrated with absolute conviction in his service as Secretary of the Army. River and tributary flooding. Flood mination, and honor to overcome them In short his impact on our Army has been protection and drainage have severely and keep our Army strong and ready profound. He has moved us significantly for- challenged the delta region throughout today and to prepare it for tomorrow. ward in our collective and continuing efforts its history. This is an area of concern Many of us in Congress know of and ap- to meet the needs of the Nation that we where Tom Gary has distinguished preciated Secretary Harvey’s commit- serve. himself as a leader. Tom took the lead- ment to the Army. But the person who My remarks will be brief because you came ership of the Delta Council Flood Con- is best able to tell of his accomplish- to hear Secretary Harvey, not me. We’ve trol Committee following a serious ments and his contribution to the convened today to honor him and his family and bear witness to the sacrifice of our Sol- delta flood in 1991 and led the effort to Army is his close partner, the Chief of diers and the contributions our Army is accelerate construction and comple- Staff of the Army. I am pleased to com- making worldwide in defense of the Nation. tion of all Yazoo Basin projects. The mend to my colleagues GEN Peter We often overlook the fact that to perform 1991 flood inundated more than 1.1 mil- Schoomaker’s speech thanking Sec- his duties as our Secretary . . . he has en- lion acres in 15 delta towns; and it seri- retary Harvey for his service to the dured his own experience in ‘‘family separa- ously damaged schools, roads, public Army. I bid Secretary Harvey farewell, tion’’ by being apart from Mary his gracious facilities and cropland. After Gary’s thank him for his service to our coun- wife of over forty years for more than twen- term as Flood Control Committee try, and wish him all the best in the ty-eight months. While we could spend the remainder of today highlighting Secretary chairman, cities such as Greenville, the next chapter of his life. Harvey’s achievements neither he nor you largest town in north Mississippi, re- The material follows. would be very appreciative of ‘‘the mother of ceived benefits that will provide 100- SPEECH BY GENERAL SCHOOMAKER all laundry lists.’’ So I will briefly highlight year flood protection. Secretary and Mrs. Harvey, Deputy Sec- three broad but interrelated touchstones: Tom serves as vice president of Delta retary England, Chairman of the Joint People, Resources, and Teamwork. Wildlife, chairman of the Leflore Coun- Chiefs, General Pace . . . Sergeant Major of Dr. Harvey’s commitment to people has en- ty Farm Service Agency Committee, the Army Preston, other distinguished abled us to sustain the overall health and vi- commissioner and treasurer of the guests and friends. Today Dr. Fran Harvey, ability of our All-Volunteer force—which is our 19th Secretary of the Army, departs our now being tested for the first time in a pro- Leflore County Soil and Water Con- ranks but not our hearts. I am grateful to tracted conflict. His actions have enabled us servation Commission, director of the have had the privilege and honor to serve by to achieve unprecedented levels of both re- Business and Industry Political Edu- his side. When Secretary Harvey was sworn- cruitment and retention. ‘‘People are the cation Committee and as the Cotton in back in November 2004 I provided him a Army’’ and we recruit more of them each

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8761 year than all of the other Services combined. vey’s example ‘‘to do what is right’’ for Mary, Francis, John and the rest of your In Fiscal Year 2006 the Active component many years to come. family Godspeed. had its best year in nine years recruiting He also inspired all of us in the Army to Army Strong!∑ over 80,000 men and women. The National achieve more—in what we do personally . . . f Guard had its best year in thirteen years re- and in what we expect to be delivered by oth- cruiting over 69,000 people; finally, the Re- ers. In this regard . . . two of his deep seated MESSAGE FROM THE HOUSE serves achieved over a 25 percent increase beliefs will remain embedded in the culture from the previous year bringing in 25,000 new which shapes and characterizes our Army: people. ‘‘In the bottom line it’s all about ‘cost, ENROLLED BILL SIGNED His accomplishments on behalf of the great schedule, and performance’ plain and simple The following enrolled bill, pre- people in our organization have been a log- and what gets measured gets done.’’ viously signed by the Speaker of the ical continuation of his voluntary service to His efforts have dramatically improved the the Army as a key member of the Army quality and openness of our working rela- House, was signed today, April 12, 2007, Science Board while a private citizen over tionships within the Department of Defense by the President pro tempore (Mr. many years. and with the many stakeholders upon whom BYRD). They include: Improvements which enabled we depend for resources and support. In a S. 1002. An act to amend the Older Ameri- us to meet our goals for recruiting and re- word, he is a genuine ‘‘team player’’ who has cans Act of 1965 to reinstate certain provi- taining our All Volunteer force; decisions engendered unprecedented levels of team- sions relating to the nutrition services in- and support to provide for better access and work which will benefit our Soldiers. Our centive programs. better management of our vital National personal working relationship is the result of f Guard and Army Reserve units not as indi- our mutual decision to operate from the viduals but instead as whole cohesive units same playbook. And that playbook was based ENROLLED BILL PRESENTED fully prepared and ready to perform their du- on a couple of key fundamentals. We agreed The Secretary of the Senate reported ties amidst new challenges; and decisions that the door between our offices would al- and support to grow our force—in a extraor- ways remain open and that our relationship that on April 12, 2007, she had presented dinary way—to better meet our needs and to would be based upon one core belief—that to the President of the United States alleviate, over time, current levels of stress Soldiers would remain the center of all that the following enrolled bill: on our Soldiers and their families. we do. S. 1002. An act to amend the Older Ameri- We now have dramatic enhancements to Over the past two years we’ve crossed that cans Act of 1965 to reinstate certain provi- ‘‘push the envelope’’ increasing our ability threshold that used to be blocked many sions relating to the nutrition services in- to protect the force. These include consider- times a day. Opening the door between our centive programs. able improvements affecting all elements of offices not only opened lines of communica- f the Department to improve leadership, train- tion, it also enabled progress in three other ing, education, and career opportunities for very important ways: First, as an outgrowth EXECUTIVE AND OTHER our civilians and our civilian executives and of the extremely close partnership between COMMUNICATIONS equally impressive improvements in finding Secretary Harvey and me we set the tone for The following communications were ways—to change our culture—to drive out a strong civil-military team at the top of the waste and improve both efficiency and effec- Department. Second, we were unified in our laid before the Senate, together with tiveness. In this regard he thought and acted commitment to a single Vision—the Army accompanying papers, reports, and doc- unequivocally like a Soldier. Vision—that centers, as it must, on the great uments, and were referred as indicated: He was driven by a single unifying purpose: Soldiers who fill our ranks and the dedicated EC–1434. A communication from the Ad- to free human and financial resources for Army Civilians who support them to gen- ministrator, Livestock and Seed Program, more compelling wartime and operational erate and sustain our All-Volunteer force. Department of Agriculture, transmitting, needs. Properly focusing activity and obtain- Third, teamwork and a shared vision for the pursuant to law, the report of a rule entitled ing resources to enable that activity are core future enabled our entire team to better ar- ‘‘Soybean Promotion and Research: Qualified tasks for senior leaders. No one that I have ticulate and defend the Army’s most compel- State Soybean Boards; Correcting Amend- served with in public or private life does it ling needs. ment’’ received April 4, 2007; to the Com- better than Dr. Fran Harvey. Our budgeted I’m convinced that these positive develop- mittee on Agriculture, Nutrition, and For- dollars for Fiscal 2008, due to his personal ef- ments played a vital role in dramatically estry. forts, are the highest in our history—which changing our current and projected resource EC–1435. A communication from the Sec- exemplify his leadership in this regard. posture and ultimately to better provide for retary of Defense, transmitting, pursuant to Working in full collaboration with me and our Soldiers and to better accomplish what law, the report of the release of General all of ‘‘the right people’’ he quickly estab- the Nation demands from its Army. So as we Peter J. Shoomaker, United States Army, lished a strategic framework that reflected farewell our 19th Secretary I say so long to from active duty and his return to the Re- our most urgent challenges and ongoing ini- a visionary, a ‘‘true leader’’ and a teammate tired List as of April 10, 2007; to the Com- tiatives. He then set out in a determined yet with whom I have been enormously proud to mittee on Armed Services. pragmatic fashion to obtain the resources re- serve. He has led the Army to unprecedented EC–1436. A communication from the Gen- quired to support our Army to ensure it was levels of civil-military cooperation, fostered eral Counsel, Department of Defense, trans- fully prepared to serve at the forefront of the open communication, and mutual respect mitting, the report of several legislative pro- war on terror and to execute the full range of (even in times of disagreement) all in the in- posals relative to the National Defense Au- its other worldwide missions. terest of Soldiers, families, and the Army thorization Bill for fiscal year 2008; to the Creating relevant, ready forces is the sur- mission—to conduct prompt, sustained com- Committee on Armed Services. est measure of effective Army leadership. bat and stability operations on land. I have EC–1437. A communication from the Under Since 2004 sixty-four (64) Brigade Combat mentioned just a few of the seminal achieve- Secretary of Defense (Policy), transmitting, Teams have been converted or are in the ments that will endure and continue to bear pursuant to law, a report relative to activi- process of being converted; 148 multifunc- fruit long after Dr. Harvey departs our ranks ties and assistance provided under Coopera- tional and functional support Brigades have today. Selfless leadership is that rare and tive Threat Reduction Programs; to the been converted, or are in the process of being wonderful commodity of which every nation Committee on Armed Services. converted, to the modular design force. possesses too little. Its presence is unmistak- EC–1438. A communication from the Assist- I won’t dwell on numbers. While important able, its impact enduring. ant Secretary for Legislative Affairs, De- they do little to tell this story. I will high- We are fortunate to have the continuity of partment of the Treasury, transmitting, pur- light instead the personal courage and integ- vision and direction that Acting Secretary suant to law, a report relative to the Depart- rity he demonstrated in challenging the bu- Geren now represents. Sir, we welcome your ment’s compliance with certain require- reaucracy, changing perceptions, and setting leadership and your experience as a Member ments of the USA PATRIOT Act; to the us on a path to get our resources and our re- of Congress and within the office of the Sec- Committee on Banking, Housing, and Urban quirements in balance. His leadership proved retary of Defense. We know that you’ll lead Affairs. to be decisive in this regard. Not only did he and care for our Soldiers and families and EC–1439. A communication from the Assist- establish a methodology (demonstrating why that you’re going to keep us on course. ant Secretary for Export Administration, he has been so successful in ‘‘Corporate Secretary Harvey, Sir, thank you for your Bureau of Industry and Security, Depart- America’’) to explain why our costs have in- service for your friendship and for living the ment of Commerce, transmitting, pursuant creased in recent years, he also promoted un- Army Values and for honoring our Warrior to law, the report of a rule entitled ‘‘Chem- derstanding and acceptance at the highest Ethos. Because of your leadership we’re ical Weapons Convention Regulations: UDOC levels of our Government for our most com- ‘‘Army Strong’’ and as our song says we’ll ‘Change in Inspection Status Form;’ Amend- pelling needs. We will rely upon Fran Har- ‘‘keep rolling along.’’ Together we wish you, ments to Records Review and Recordkeeping

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A communication from the Regu- services in the amount of $50,000,000 or more ting, pursuant to law, the report of a rule en- lations Coordinator, Centers for Medicare to Kazakhstan; to the Committee on Foreign titled ‘‘Removal of Obsolete Regulations and Medicaid Service, Department of Health Relations. Concerning the Inoperative Provisions Re- and Human Services, transmitting, pursuant EC–1450. A communication from the Presi- garding Charitable Payments in Lieu of to law, the report of a rule entitled ‘‘Medi- dent and CEO, U.S. African Development Honoraria and Conforming Technical care Program; Competitive Acquisition for Foundation, transmitting, proposed legisla- Amendments’’ ((RIN3209–AA00)(RIN3209– Certain Durable Medical Equipment, Pros- tion intended to amend the African Develop- AA04)(RIN3209–AA13)) received on April 11, thetics, Orthotics, and Supplies and other ment Foundation Act; to the Committee on 2007; to the Committee on Homeland Secu- Issues’’ (RIN0938–AN14) received on April 6, Foreign Relations. rity and Governmental Affairs. 2007; to the Committee on Finance. EC–1451. A communication from the Assist- EC–1461. A communication from the Dep- EC–1441. A communication from the Offices ant Secretary, Office of Legislative Affairs, uty Director of Communications and Legis- of the Inspector General of the Departments Department of State, transmitting, pursuant lative Affairs, U.S. Equal Employment Op- of Commerce, Defense, Energy, State, Home- to law, a report relative to a proposed portunity Commission, transmitting, pursu- land Security, and the Central Intelligence change to the determination of quartz rate ant to law, the Agency’s Performance and Agency, transmitting, pursuant to law, a re- sensors on the United States Munitions List; Accountability Report for fiscal year 2006; to port relative to controls over exports to to the Committee on Foreign Relations. the Committee on Homeland Security and China; to the Committee on Foreign Rela- EC–1452. A communication from the Assist- Governmental Affairs. tions. ant Secretary, Office of Legislative Affairs, EC–1462. A communication from the Direc- EC–1442. A communication from the De- Department of State, transmitting, pursuant tor, Federal Emergency Management Agen- partment of State, transmitting, pursuant to to law, the report of a rule entitled ‘‘Amend- cy, Department of Homeland Security, trans- law, copies of the certification and the re- ment of the International Traffic in Arms mitting, pursuant to law, a report relative to lated justifications pertaining to the course Regulations: United States Munitions’’ (Bill- the cost of response and recovery efforts in of action described in Section 1203(d) of the ing Code 4710–25) received on March 30, 2007; the State of South Carolina; to the Com- Cooperative Threat Reduction Act of 1993 to the Committee on Foreign Relations. mittee on Homeland Security and Govern- (Title XII, P.L. 103–160), as amended, and EC–1453. A communication from the White mental Affairs. Section 502 of the FREEDOM Support Act House Liaison, Department of Health and EC–1463. A communication from the Chem- (Title V, P.L. 102–511); to the Committee on Human Services, transmitting, pursuant to ical Security Compliance Division, Office of Foreign Relations. law, the report of the discontinuation of Infrastructure Protection, Department of EC–1443. A communication from the De- service in an acting role for the position of Homeland Security, transmitting, pursuant partment of State, transmitting, pursuant to Surgeon General, received on April 4, 2007; to to law, the report of a rule entitled ‘‘Chem- law, an annual report relative to the defense the Committee on Health, Education, Labor, ical Facility Anti–Terrorism Standards’’ articles and defense services that were li- and Pensions. (RIN1601–AA41) received on April 6, 2007; to censed for export under Section 38 of the EC–1454. A communication from the Chair, the Committee on Homeland Security and Arms Export Control Act during fiscal year Barry M. Goldwater Scholarship and Excel- Governmental Affairs. 2006; to the Committee on Foreign Relations. EC–1464. A communication from the Chair- EC–1444. A communication from the De- lence in Education Foundation, transmit- ting, pursuant to law, the Annual Report of man, U.S. Merit Systems Protection Board, partment of State, transmitting, pursuant to transmitting, pursuant to law, a report enti- law, a report relative to the Deputy Sec- the Foundation’s activities for fiscal year 2006; to the Committee on Health, Education, tled ‘‘Accomplishing Our Mission: Results of retary’s determination that waiving the re- the Merit Principles Survey 2005’’; to the strictions contained in the Cooperative Labor, and Pensions. EC–1455. A communication from the White Committee on Homeland Security and Gov- Threat Reduction Act of 1993 and the FREE- ernmental Affairs. DOM Support Act during fiscal year 2006 House Liaison, Office of Planning, Evalua- tion and Policy Development, Department of EC–1465. A communication from the Sec- with respect to the Russian Federation is retary, Federal Trade Commission, transmit- important to the national security interests Education, transmitting, pursuant to law, the report of the discontinuation of service ting, pursuant to law, a report entitled ‘‘An- of the United States; to the Committee on nual Report on the Notification and Federal Foreign Relations. in an acting role for the position of First As- sistant, received on April 4, 2007; to the Com- Employee Antidiscrimination and Retalia- EC–1445. A communication from the Dep- tion Act of 2002: Fiscal Year 2006 (March uty Secretary of State, transmitting, pursu- mittee on Health, Education, Labor, and Pensions. 2007)’’; to the Committee on Homeland Secu- ant to law, a report relative to the imple- rity and Governmental Affairs. mentation status of the debt reduction au- EC–1456. A communication from the Direc- tor, Regulations Policy and Management EC–1466. A communication from the Acting thority to support projects in the Russian Executive Director, Office of Compliance, Federation promoting nonproliferation of Staff, Department of Health and Human Services, transmitting, pursuant to law, the transmitting, pursuant to law, the Office’s weapons of mass destruction and the means Annual Report for calendar year 2006; to the of delivering such weapons; to the Com- report of a rule entitled ‘‘Advisory Com- mittee: Change of Name and Function’’ (21 Committee on Homeland Security and Gov- mittee on Foreign Relations. ernmental Affairs. EC–1446. A communication from the Assist- CFR Part 14) received on April 10, 2007; to the Committee on Health, Education, Labor, and EC–1467. A communication from the Direc- ant Secretary, Office of Legislative Affairs, tor of Regulations Management, Veterans Department of State, transmitting, pursuant Pensions. EC–1457. A communication from the Direc- Benefits Administration, Department of Vet- to law, the certification of a proposed license erans Affairs, transmitting, pursuant to law, for the export of defense articles and defense tor, Regulations and Policy Management Staff, Department of Health and Human the report of a rule entitled ‘‘Vocational Re- services in the amount of $100,000,000 or more habilitation and Employment Program—Ini- to Japan; to the Committee on Foreign Rela- Services, transmitting, pursuant to law, the report of a rule entitled ‘‘Food Substances tial Evaluations’’ (RIN2900–AM25) received tions. on April 10, 2007; to the Committee on Vet- EC–1447. A communication from the Assist- Affirmed as Generally Recognized as Safe in erans’ Affairs. ant Secretary, Office of Legislative Affairs, Feed and Drinking Water of Animals: 25- EC–1468. A communication from the Direc- Department of State, transmitting, pursuant Hydroxyvitamin D3’’ (Docket No. 1995G–0321) tor of Regulations Management, Veterans to law, the certification of a proposed license received on April 10, 2007; to the Committee Benefits Administration, Department of Vet- for the export of defense articles or defense on Health, Education, Labor, and Pensions. erans Affairs, transmitting, pursuant to law, services sold commercially under a contract EC–1458. A communication from the Direc- the report of a rule entitled ‘‘Veterans and in the amount of $50,000,000 or more to Viet- tor, Office of Standards, Regulations, and Dependents Education: Topping-Up Tuition nam; to the Committee on Foreign Rela- Variances, Department of Labor, transmit- Assistance; Licensing and Certification tions. ting, pursuant to law, the report of a rule en- EC–1448. A communication from the Assist- titled ‘‘Criteria and Procedures for Proposed Tests; Duty to Assist Education Claimants’’ ant Secretary, Office of Legislative Affairs, Assessment of Civil Penalties’’ (RIN1219– (RIN2900–AK80) received on April 10, 2007; to Department of State, transmitting, pursuant AB51) received on April 3, 2007; to the Com- the Committee on Veterans’ Affairs. to law, the certification of a proposed license mittee on Health, Education, Labor, and f for the export of defense articles and defense Pensions. REPORTS OF COMMITTEES services in the amount of $50,000,000 or more EC–1459. A communication from the Direc- to Russia, Ukraine and Norway; to the Com- tor, Office of Personnel Management, trans- The following reports of committees mittee on Foreign Relations. mitting, pursuant to law, the Office’s Annual were submitted:

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By Mr. BIDEN, from the Committee on military service medal to members of the CASEY, Mrs. MCCASKILL, Mr. INOUYE, Foreign Relations, without amendment: Armed Forces who served honorably during Mr. NELSON of Florida, Mr. SALAZAR, S. 193. A bill to increase cooperation on en- the Cold War era; to the Committee on and Mr. JOHNSON): ergy issues between the United States Gov- Armed Services. S. 1105. A bill to provide Federal assistance ernment and foreign governments and enti- By Mr. DOMENICI (for himself, Mr. to States, local jurisdictions, and Indian ties in order to secure the strategic and eco- KENNEDY, Mr. BINGAMAN, Mr. HARKIN, tribes to prosecute hate crimes, and for nomic interests of the United States, and for Mr. LEAHY, and Mr. SANDERS): other purposes; to the Committee on the Ju- other purposes (Rept. No. 110–54). S. 1098. A bill to amend the Public Health diciary. H.R. 1003. A bill to amend the Foreign Af- Service Act to revise the amount of min- By Mr. THUNE: fairs Reform and Restructuring Act of 1998 to imum allotments under the Projects for As- S. 1106. A bill to extend the additional duty reauthorize the United States Advisory Com- sistance in Transition from Homelessness on ethanol, to require an investigation into mission on Public Diplomacy (Rept. No. 110– program; to the Committee on Health, Edu- certain ethanol imports, and for other pur- 55). cation, Labor, and Pensions. poses; to the Committee on Finance. By Mr. LEAHY, from the Committee on By Ms. COLLINS (for herself and Mr. By Mr. SMITH (for himself, Mr. BINGA- the Judiciary, without amendment and with HARKIN): MAN, Mr. NELSON of Florida, Mrs. a preamble: S. 1099. A bill to amend chapter 89 of title CLINTON, Ms. COLLINS, Mrs. LINCOLN, S. Res. 112. A resolution designating April 5, United States Code, to make individuals Mrs. BOXER, and Mr. KERRY): 6, 2007, as ‘‘National Missing Persons Day.’’ employed by the Roosevelt Campobello S. 1107. A bill to amend title XVIII of the f International Park Commission eligible to Social Security Act to reduce cost-sharing obtain Federal health insurance; to the Com- under part D of such title for certain non-in- EXECUTIVE REPORT OF mittee on Homeland Security and Govern- stitutionalized full-benefit dual eligible indi- COMMITTEE mental Affairs. viduals; to the Committee on Finance. The following executive report of a By Mr. HAGEL (for himself, Mr. By Mr. SMITH (for himself, Mr. BINGA- nomination was submitted: SUNUNU, Mrs. DOLE, and Mr. MAR- MAN, Ms. SNOWE, Mrs. LINCOLN, and TINEZ): Mr. KERRY): By Mr. LEAHY for the Committee on the S. 1100. A bill to address the regulation of S. 1108. A bill to amend title XVIII of the Judiciary. Halil Suleyman Ozerden, of Mississippi, to secondary mortgage market enterprises, and Social Security Act to provide a special en- be United States District Judge for the for other purposes; to the Committee on rollment period for individuals who qualify Southern District of Mississippi. Banking, Housing, and Urban Affairs. for an income-related subsidy under the By Mrs. LINCOLN (for herself and Mr. Medicare prescription drug program and to (Nominations without an asterick SMITH): provide funding for the conduct of outreach were reported with the recommenda- S. 1101. A bill to amend the Energy Policy and education with respect to the premium tion that they be confirmed. and Conservation Act to improve energy and cost-sharing subsidies under such pro- f standards for home appliances, and for other gram, and for other purposes; to the Com- purposes; to the Committee on Energy and mittee on Finance. INTRODUCTION OF BILLS AND Natural Resources. JOINT RESOLUTIONS By Mr. BINGAMAN (for himself, Mr. f SMITH, Mr. KOHL, Ms. SNOWE, Mrs. The following bills and joint resolu- LINCOLN, and Mr. KERRY): tions were introduced, read the first S. 1102. A bill to amend title XVIII of the SUBMISSION OF CONCURRENT AND and second times by unanimous con- Social Security Act to expedite the applica- SENATE RESOLUTIONS sent, and referred as indicated: tion and eligibility process for low-income The following concurrent resolutions By Mr. DORGAN (for himself, Mr. subsidies under the Medicare prescription drug program and to revise the resource and Senate resolutions were read, and HAGEL, Mr. JOHNSON, Mr. BROWNBACK, referred (or acted upon), as indicated: Mr. DURBIN, Mr. CONRAD, Mr. standards used to determine eligibility for SALAZAR, Mr. ROCKEFELLER, Mr. an income-related subsidy, and for other pur- By Mr. ALEXANDER (for himself, Mr. COLEMAN, Ms. LANDRIEU, Mrs. LIN- poses; to the Committee on Finance. BYRD, Mr. COLEMAN, Mr. KENNEDY, COLN, Mr. HARKIN, and Mr. PRYOR): By Mr. BINGAMAN (for himself, Mr. Mr. ALLARD, Mrs. FEINSTEIN, Mr. S. 1093. A bill to reward the hard work and SMITH, and Mr. KERRY): CORKER, and Mrs. BOXER): risk of individuals who choose to live in and S. 1103. A bill to amend title XVIII of the S. Res. 146. A resolution designating June help preserve America’s small, rural towns, Social Security Act to include costs incurred 20, 2007, as ‘‘American Eagle Day’’, and cele- and for other purposes; to the Committee on by the Indian Health Service, a Federally brating the recovery and restoration of the Finance. qualified health center, an AIDS drug assist- American bald eagle, the national symbol of By Ms. STABENOW (for herself and ance program, certain hospitals, or a phar- the United States; to the Committee on the Mr. CASEY): maceutical manufacturer patient assistance Judiciary. S. 1094. A bill to reauthorize and provide program in providing prescription drugs to- By Mr. ALEXANDER (for himself and additional funding for essential agricultural ward the annual out-of-pocket threshold Mr. CORKER): research, extension, education, and related under part D of the Medicare program; to the S. Res. 147. A resolution congratulating the programs, to establish the National Insti- Committee on Finance. University of Tennessee women’s basketball tutes for Food and Agriculture as an inde- By Mr. LUGAR (for himself, Mr. KEN- team for winning the 2007 NCAA Division I pendent agency reporting to and coordi- NEDY, Mr. BOND, Mr. LEAHY, Mr. Women’s Basketball Championship; consid- nating with the Secretary of Agriculture, COLEMAN, Mr. LIEBERMAN, Mr. ered and agreed to. and for other purposes; to the Committee on ISAKSON, Mr. SMITH, Mr. LEVIN, Mr. By Mr. NELSON of Florida (for himself Agriculture, Nutrition, and Forestry. SUNUNU, Mr. CORNYN, and Mr. DODD): and Mr. MARTINEZ): By Mr. SCHUMER: S. 1104. A bill to increase the number of S. Res. 148. A resolution commending The S. 1095. A bill to require airports to screen Iraqi and Afghani translators and inter- University of Florida men’s basketball team all individuals with access to the secure preters who may be admitted to the United for winning the 2007 National Collegiate Ath- areas of an airport upon arrival; to the Com- States as special immigrants; considered and letic Association (NCAA) Division I Basket- mittee on Commerce, Science, and Transpor- passed. ball Championship; considered and agreed to. tation. By Mr. KENNEDY (for himself, Mr. By Mrs. CLINTON (for herself and Mr. By Mr. CORNYN (for himself, Mr. SMITH, Mr. LEAHY, Mr. SPECTER, Ms. HAGEL): CRAIG, Mr. AKAKA, and Mrs. MIKULSKI, Ms. COLLINS, Mr. MENEN- S. Con. Res. 26. A concurrent resolution HUTCHISON): DEZ, Ms. SNOWE, Mr. BROWN, Mr. recognizing the 75th anniversary of the Mili- S. 1096. A bill to amend title 38, United KERRY, Mr. DURBIN, Mr. LAUTENBERG, tary Order of the Purple Heart and com- States Code, to provide certain housing bene- Mr. DODD, Mr. NELSON of Nebraska, mending recipients of the Purple Heart for fits to disabled members of the Armed Mrs. FEINSTEIN, Mr. LEVIN, Mr. HAR- their courageous demonstrations of gal- Forces, to expand certain benefits for dis- KIN, Mr. WHITEHOUSE, Ms. STABENOW, lantry and heroism on behalf of the United abled veterans with severe burns, and for Mr. BIDEN, Mrs. MURRAY, Mr. BAYH, States; to the Committee on Armed Services. other purposes; to the Committee on Vet- Ms. CANTWELL, Mr. CARDIN, Mr. By Mrs. CLINTON (for herself and Mr. erans’ Affairs. LIEBERMAN, Mr. REED, Mr. SCHUMER, HAGEL): By Mrs. CLINTON (for herself and Ms. Mr. OBAMA, Mrs. BOXER, Ms. S. Con. Res. 27. A concurrent resolution COLLINS): KLOBUCHAR, Mr. AKAKA, Mr. BINGA- supporting the goals and ideals of ‘‘National S. 1097. A bill to amend title 10, United MAN, Mrs. CLINTON, Ms. LANDRIEU, Purple Heart Recognition Day’’; to the Com- States Code, to provide for the award of a Mr. ROCKEFELLER, Mrs. LINCOLN, Mr. mittee on Armed Services.

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ADDITIONAL COSPONSORS members of the uniformed services who (Mr. CORNYN) was added as a cosponsor S. 21 have a service-connected disability to of S. 609, a bill to amend section 254 of receive both disability compensation the Communications Act of 1934 to pro- At the request of Mr. REID, the name of the Senator from Rhode Island (Mr. from the Department of Veterans Af- vide that funds received as universal fairs for their disability and either re- service contributions and the universal REED) was added as a cosponsor of S. service support programs established 21, a bill to expand access to preventive tired pay by reason of their years of pursuant to that section are not sub- health care services that help reduce military service or Combat-Related ject to certain provisions of title 31, unintended pregnancy, reduce abor- Special Compensation. United States Code, commonly known tions, and improve access to women’s S. 450 as the Antideficiency Act. health care. At the request of Mr. ENSIGN, the S. 671 S. 206 name of the Senator from Georgia (Mr. ISAKSON) was added as a cosponsor of S. At the request of Mr. AKAKA, the At the request of Mrs. FEINSTEIN, the name of the Senator from Ohio (Mr. name of the Senator from Rhode Island 450, a bill to amend title XVIII of the Social Security Act to repeal the medi- BROWN) was added as a cosponsor of S. (Mr. REED) was added as a cosponsor of 671, a bill to exempt children of certain S. 206, a bill to amend title II of the So- care outpatient rehabilitation therapy caps. Filipino World War II veterans from cial Security Act to repeal the Govern- the numerical limitations on immi- S. 486 ment pension offset and windfall elimi- grant visas. At the request of Mr. KENNEDY, the nation provisions. S. 735 name of the Senator from Illinois (Mr. S. 236 At the request of Mr. KENNEDY, the OBAMA) was added as a cosponsor of S. At the request of Mr. LEAHY, the names of the Senator from Vermont 486, a bill to establish requirements for names of the Senator from California (Mr. LEAHY), the Senator from Texas lenders and institutions of higher edu- (Mrs. FEINSTEIN) and the Senator from (Mr. CORNYN) and the Senator from cation in order to protect students and Rhode Island (Mr. WHITEHOUSE) were Iowa (Mr. GRASSLEY) were added as co- other borrowers receiving educational added as cosponsors of S. 236, a bill to sponsors of S. 735, a bill to amend title loans. require reports to Congress on Federal 18, United States Code, to improve the agency use of data mining. S. 498 terrorist hoax statute. S. 261 At the request of Mr. FEINGOLD, the S. 746 At the request of Ms. CANTWELL, the name of the Senator from Alabama At the request of Mr. ALLARD, the name of the Senator from New York (Mr. SESSIONS) was added as a cospon- name of the Senator from Georgia (Mr. (Mrs. CLINTON) was added as a cospon- sor of S. 498, a bill to amend title XVIII ISAKSON) was added as a cosponsor of S. sor of S. 261, a bill to amend title 18, of the Social Security Act to improve 746, a bill to establish a competitive United States Code, to strengthen pro- the Medicare program for beneficiaries grant program to build capacity in vet- hibitions against animal fighting, and residing in rural areas. erinary medical education and expand for other purposes. S. 527 the workforce of veterinarians engaged S. 380 At the request of Mr. FEINGOLD, the in public health practice and bio- At the request of Mr. WYDEN, the name of the Senator from North Caro- medical research. name of the Senator from Maryland lina (Mrs. DOLE) was added as a cospon- S. 771 (Mr. CARDIN) was added as a cosponsor sor of S. 527, a bill to make amend- At the request of Mr. HARKIN, the of S. 380, a bill to reauthorize the Se- ments to the Iran, North Korea, and name of the Senator from New Jersey cure Rural Schools and Community Syria Nonproliferation Act. (Mr. LAUTENBERG) was added as a co- Self-Determination Act of 2000, and for S. 572 sponsor of S. 771, a bill to amend the other purposes. At the request of Mr. KENNEDY, the Child Nutrition Act of 1966 to improve the nutrition and health of school- S. 404 name of the Senator from Illinois (Mr. children by updating the definition of At the request of Mr. THOMAS, the OBAMA) was added as a cosponsor of S. ‘‘food of minimal nutritional value’’ to name of the Senator from New York 572, a bill to ensure that Federal stu- conform to current nutrition science (Mrs. CLINTON) was added as a cospon- dent loans are delivered as efficiently and to protect the Federal investment sor of S. 404, a bill to amend the Agri- as possible in order to provide more grant aid to students. in the national school lunch and break- cultural Marketing Act of 1946 to re- fast programs. quire the implementation of country of S. 579 S. 774 origin labeling requirements by Sep- At the request of Mr. REID, the At the request of Mr. DURBIN, the tember 30, 2007. names of the Senator from Maryland name of the Senator from California S. 430 (Mr. CARDIN) and the Senator from Mis- (Mrs. FEINSTEIN) was added as a co- souri (Mrs. MCCASKILL) were added as At the request of Mr. BOND, the name sponsor of S. 774, a bill to amend the Il- cosponsors of S. 579, a bill to amend the of the Senator from New Mexico (Mr. legal Immigration Reform and Immi- Public Health Service Act to authorize DOMENICI) was added as a cosponsor of grant Responsibility Act of 1996 to per- the Director of the National Institute S. 430, a bill to amend title 10, United mit States to determine State resi- of Environmental Health Sciences to States Code, to enhance the national dency for higher education purposes make grants for the development and defense through empowerment of the and to authorize the cancellation of re- Chief of the National Guard Bureau operation of research centers regarding moval and adjustment of status of cer- and the enhancement of the functions environmental factors that may be re- tain alien students who are long-term of the National Guard Bureau, and for lated to the etiology of breast cancer. United States residents and who en- other purposes. S. 590 tered the United States as children, At the request of Mr. LEAHY, the At the request of Mr. SMITH, the and for other purposes. names of the Senator from New Mexico name of the Senator from California S. 793 (Mr. BINGAMAN) and the Senator from (Mrs. BOXER) was added as a cosponsor At the request of Mr. HATCH, the Wisconsin (Mr. FEINGOLD) were added of S. 590, a bill to amend the Internal name of the Senator from Hawaii (Mr. as cosponsors of S. 430, supra. Revenue Code of 1986 to extend the in- INOUYE) was added as a cosponsor of S. S. 439 vestment tax credit with respect to 793, a bill to provide for the expansion At the request of Mr. REID, the name solar energy property and qualified fuel and improvement of traumatic brain of the Senator from Michigan (Ms. cell property, and for other purposes. injury programs. STABENOW) was added as a cosponsor of S. 609 S. 799 S. 439, a bill to amend title 10, United At the request of Mr. ROCKEFELLER, At the request of Mr. HARKIN, the States Code, to permit certain retired the name of the Senator from Texas names of the Senator from Illinois (Mr.

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DURBIN) and the Senator from Pennsyl- (Mr. BOND), the Senator from Pennsyl- (Mr. COCHRAN) was added as a cospon- vania (Mr. CASEY) were added as co- vania (Mr. CASEY) and the Senator sor of S. Res. 122, a resolution com- sponsors of S. 799, a bill to amend title from Texas (Mr. CORNYN) were added as memorating the 25th anniversary of XIX of the Social Security Act to pro- cosponsors of S. 991, a bill to establish the construction and dedication of the vide individuals with disabilities and the Senator Paul Simon Study Abroad Vietnam Veterans Memorial. older Americans with equal access to Foundation under the authorities of S. RES. 130 community-based attendant services the Mutual Educational and Cultural At the request of Mr. THOMAS, the and supports, and for other purposes. Exchange Act of 1961. name of the Senator from Nevada (Mr. S. 851 S. 1013 REID) was added as a cosponsor of S. At the request of Mr. SCHUMER, the At the request of Mr. HARKIN, the Res. 130, a resolution designating July name of the Senator from Connecticut name of the Senator from Pennsyl- 28, 2007, as ‘‘National Day of the Amer- (Mr. LIEBERMAN) was added as a co- vania (Mr. CASEY) was added as a co- ican Cowboy’’. sponsor of S. 1013, a bill to amend title sponsor of S. 851, a bill to amend the S. RES. 132 Internal Revenue Code of 1986 to pro- XIX of the Social Security Act to en- At the request of Mr. STEVENS, the courage States to provide pregnant vide a higher education opportunity names of the Senator from Georgia credit in place of existing education women enrolled in the Medicaid pro- (Mr. ISAKSON), the Senator from Ne- tax incentives. gram with access to comprehensive to- bacco cessation services. braska (Mr. HAGEL) and the Senator S. 883 from Virginia (Mr. WEBB) were added S. 1018 At the request of Mrs. FEINSTEIN, the as cosponsors of S. Res. 132, a resolu- At the request of Mr. DURBIN, the name of the Senator from Georgia (Mr. tion recognizing the Civil Air Patrol name of the Senator from Pennsyl- ISAKSON) was added as a cosponsor of S. for 65 years of service to the United vania (Mr. CASEY) was added as a co- 883, a bill to amend the Higher Edu- States. cation Act of 1965 to extend loan for- sponsor of S. 1018, a bill to address se- S. RES. 141 giveness for certain loans to Head curity risks posed by global climate At the request of Mrs. CLINTON, the Start teachers. change and for other purposes. names of the Senator from New Jersey S. 923 S. 1062 (Mr. MENENDEZ), the Senator from Wis- At the request of Mr. KERRY, the At the request of Mr. DURBIN, the consin (Mr. FEINGOLD), the Senator name of the Senator from Connecticut name of the Senator from North Caro- from Florida (Mr. NELSON) and the Sen- (Mr. LIEBERMAN) was added as a co- lina (Mrs. DOLE) was added as a cospon- sor of S. 1062, a bill to establish a con- ator from Oregon (Mr. SMITH) were sponsor of S. 923, a bill to amend the added as cosponsors of S. Res. 141, a National Trails System Act to des- gressional commemorative medal for organ donors and their families. resolution urging all member countries ignate the New England National Sce- of the International Commission of the nic Trail, and for other purposes. S. 1065 At the request of Mrs. CLINTON, the International Tracing Service who S. 958 name of the Senator from Minnesota have yet to ratify the May 2006 amend- At the request of Mr. SESSIONS, the ments to the 1955 Bonn Accords to ex- name of the Senator from Iowa (Mr. (Ms. KLOBUCHAR) was added as a co- sponsor of S. 1065, a bill to improve the pedite the ratification process to allow HARKIN) was added as a cosponsor of S. diagnosis and treatment of traumatic for open access to the Holocaust ar- 958, a bill to establish an adolescent lit- brain injury in members and former chives located at Bad Arolsen, Ger- eracy program. members of the Armed Forces, to re- many. S. 961 view and expand telehealth and tele- f At the request of Mr. NELSON of Ne- mental health programs of the Depart- STATEMENTS ON INTRODUCED braska, the names of the Senator from ment of Defense and the Department of BILLS AND JOINT RESOLUTIONS California (Mrs. BOXER), the Senator Veterans Affairs, and for other pur- from New Jersey (Mr. MENENDEZ) and poses. By Mr. DORGAN (for himself, Mr. the Senator from Illinois (Mr. DURBIN) S. 1088 HAGEL, Mr. JOHNSON, Mr. were added as cosponsors of S. 961, a At the request of Ms. STABENOW, the BROWNBACK, Mr. DURBIN, Mr. bill to amend title 46, United States name of the Senator from Wisconsin CONRAD, Mr. SALAZAR, Mr. Code, to provide benefits to certain in- (Mr. KOHL) was added as a cosponsor of ROCKEFELLER, Mr. COLEMAN, dividuals who served in the United S. 1088, a bill to amend the Federal Ms. LANDRIEU, Mrs. LINCOLN, States merchant marine (including the Food, Drug, and Cosmetic Act with re- Mr. HARKIN, and Mr. PRYOR): Army Transport Service and the Naval spect to market exclusivity for certain S. 1093. A bill to reward the hard Transport Service) during World War drugs, and for other purposes. work and risk of individuals who II, and for other purposes. S. RES. 82 choose to live in and help preserve S. 970 At the request of Mr. HAGEL, the America’s small, rural towns, and for At the request of Mr. SMITH, the name of the Senator from Hawaii (Mr. other purposes; to the Committee on name of the Senator from Maryland INOUYE) was added as a cosponsor of S. Finance. (Mr. CARDIN) was added as a cosponsor Res. 82, a resolution designating Au- Mr. DORGAN. Mr. President, I am of S. 970, a bill to impose sanctions on gust 16, 2007 as ‘‘National Airborne pleased to be joined by Senators Iran and on other countries for assist- Day’’. HAGEL, JOHNSON, BROWNBACK and nine ing Iran in developing a nuclear pro- S. RES. 92 of our colleagues today in re-intro- gram, and for other purposes. At the request of Mrs. CLINTON, the ducing the New Homestead Act of 2007. S. 974 names of the Senator from Louisiana This legislation will help address a se- At the request of Ms. COLLINS, the (Mr. VITTER) and the Senator from rious threat to the economic future of name of the Senator from North Da- Connecticut (Mr. DODD) were added as rural America—the loss of its residents kota (Mr. CONRAD) was added as a co- cosponsors of S. Res. 92, a resolution and Main Street businesses. sponsor of S. 974, a bill to amend title calling for the immediate and uncondi- I have previously described to my VII of the Tariff Act of 1930 to provide tional release of soldiers of Israel held Senate colleagues the severe economic that the provisions relating to counter- captive by Hamas and Hezbollah. and social hardships that population vailing duties apply to nonmarket At the request of Ms. COLLINS, her out-migration has had on America’s economy countries, and for other pur- name was added as a cosponsor of S. Heartland when businesses are shut- poses. Res. 92, supra. tered up, schools and churches are con- S. 991 S. RES. 122 solidated or closed altogether. Hun- At the request of Mr. DURBIN, the At the request of Mr. HAGEL, the dreds of thousands of people have left names of the Senator from Missouri name of the Senator from Mississippi small towns in rural areas throughout

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People who are cess to credit. ficulty they faced as they tried to navi- from these areas know that you simply It also provides tax incentives to en- gate the military and veterans health can’t grow or run a business in an envi- courage businesses to move to or ex- care and benefits systems following ronment where the overall economy is pand their operations in high out-mi- their return from Afghanistan and shrinking, current and potential cus- gration rural counties, including tax Iraq. tomers are leaving, and public and pri- credits for investments in rural build- This morning, the chairman of the vate investment is falling. Too many ings and to offset the cost of equipment Senate Armed Services Committee and communities in North Dakota and purchases and operating expenses of the ranking member—the committee other rural States lack the critical small businesses with five or fewer em- on which I serve—as well as the Vet- mass of people and resources it takes ployees. Very little, if any, private ven- erans’ Affairs Committee had further to keep a community alive and grow- ture capital is invested in out-migra- hearings and detailed the work we have ing. tion rural counties, so the New Home- to do to bring down another wall, and Rural counties in North Dakota and stead Act also establishes a new $3 bil- that is the wall that separates our heartland States have experienced lion venture capital fund with state wounded warriors from the benefits massive net out-migration in recent and local governments as partners to they have earned by their noble serv- decades and this trend is continuing ensure that entrepreneurs and compa- ice. today. Forty-seven of North Dakota’s nies in these areas get the capital they Today I introduce the Veterans Hous- fifty-three counties suffered net popu- need to start and grow their busi- ing Benefits Enhancement Act of 2007 lation losses between 2000 and 2005. My nesses. that will provide immediate and tan- home county, Hettinger, saw its popu- The United States Senate has pre- gible assistance to our wounded serv- lation dwindle from 4,257 in 1980 to just viously passed parts of the New Home- icemembers and their families by 2,715 in 2000. Its population is projected stead Act, but those and other provi- strengthening our current law. to drop to just 1,877 by 2020. sions in the bill have not yet been This legislation provides explicit VA However, this out-migration problem signed into law. But there is good rea- housing and automobile grant eligi- isn’t limited to North Dakota. Nearly son to think we will make significant bility to servicemembers and veterans all of America’s Heartland is facing progress on the New Homestead Act in with burn injuries, enhanced eligibility significant population losses. Over the the 110th Congress. for grant assistance during the Depart- past fifty years or so, nearly two-thirds In March, the Senate passed S. Con. ment of Defense-to-Veterans’ Adminis- of rural counties in the Great Plains Res. 21, to establish a budget plan for tration transition, and requires the lost at least one third of their popu- fiscal year 2008. This resolution allows Secretary of the Veterans’ Administra- lation. for Senate action on the kinds of poli- tion to report on possible improve- One of the major problems caused by cies provided in the New Homestead ments to the current law that would chronic out-migration is the dwindling Act. Specifically, Section 306 of the cover others with special disabilities, workforce of young people. A recent budget authorizes the Budget Com- such as those with traumatic brain in- analysis and report prepared by Dr. mittee Chairman to revise the levels in juries. Richard Rathge at the North Dakota the resolution by $15 billion for rev- I am pleased to say the chairman of State Data Center highlighted this enue-neutral legislation that would, the Senate Veterans’ Affairs Com- concern. His report revealed that the among other things, provide rural de- mittee, Senator DANNY AKAKA, and the steady out-migration of young adults velopment investment incentives for ranking member, Senator LARRY CRAIG over the last half century or so has sig- counties impacted by high rates of out- of Idaho, have joined me as original co- nificantly reduced the proportion of in- migration. sponsors of this legislation, as well as dividuals age 20 to 34 in our rural coun- The Senate’s action on the budget my senior Senator from Texas, Mrs. ties. The report predicts that between signals that Federal policy makers in HUTCHISON. 2000 and 2020, the prime working age the U.S. Senate do understand that I grew up in a military family. My population in North Dakota, those rural out-migration is a serious threat dad served for 31 years in the Air aged 35 to 54, will decline from 183,435 to the economic well-being of the Na- Force. I saw firsthand the importance to 146,717, a loss of nearly 37,000 people. tion’s Heartland. My colleagues and I of treating our veterans in a fair and If this trend continues as predicted, will work closely with the leaders of equitable manner. The sacrifices our there will be more elderly North Dako- the Budget Committee and the tax- men and women in uniform make every tans age 65 and older in the year 2020 writing Senate Finance Committee to day must not be forgotten when they than individuals who are in their prime secure passage of New Homestead Act take that uniform off or when they working years. As the report con- provisions in the coming year. leave their active-duty military serv- cluded, this dwindling labor pool could I urge my colleagues to support the ice. No veteran should ever be left be- have a devastating economic impact on New Homestead Act in the 110th Con- hind. The fundamental agreement—I rural communities that are already gress by cosponsoring it and helping us would say even sacred covenant—be- struggling from a loss of residents, move this important bill forward in the tween our men and women in uniform businesses and investments needed to legislative process. and our Government does not end when survive. a servicemember is wounded or sepa- We believe the bipartisan New Home- By Mr. CORNYN (for himself, Mr. rates from the active-duty military stead Act will help reverse the depopu- CRAIG, Mr. AKAKA, and Mrs. service and becomes a veteran. lation of our rural communities by giv- HUTCHISON): Let there be no question about it, the ing people who are willing to commit S. 1096. A bill to amend title 38, conditions of these outpatient housing to live and work in high out-migration United States Code, to provide certain facilities at Walter Reed were abso- areas for 5 years tax and other finan- housing benefits to disabled members lutely unacceptable. But perhaps the cial rewards to help them to buy a of the Armed Forces, to expand certain story of that unacceptable condition home, pay for college, build a nest egg, benefits for disabled veterans with se- has led us to finding a way to serve our and start a business. These incentives vere burns, and for other purposes; to wounded warriors and their families include repaying up to $10,000 of a col- the Committee on Veterans’ Affairs. better. The U.S. military and the De- lege loan, offering a $5,000 tax credit Mr. CORNYN. Mr. President, for the partment of Veterans Affairs must con- for the purchase of a new home, pro- past several months, our Nation has fo- duct a top-to-bottom investigation of tecting home values by allowing losses cused on the tragic stories of the our entire military health system and

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CRAIG quoted during this morning’s and veterans about their individual ex- As the occupant of the chair knows, hearings in the Senate Armed Services periences, as I know the current occu- that has been one of the real problems Committee and Veterans’ Affairs Com- pant of the chair has when he has trav- we have identified early on, is mittee—that the conclusions reached eled back to Colorado, and as all of us transitioning people from active-duty by GEN Omar Bradley some five dec- have when we go back to learn more military service into the Veterans’ Ad- ades ago were not fundamentally dif- from our constituents about how we ministration, with the duplicate bu- ferent from those that are tentative can improve our response. I learned in reaucracies and redtape and the dif- conclusions today about how we can particular of challenges that burn vic- ferent standards for disability deter- improve that transition, and still we tims and their families have faced be- mination and the like. But this bill, in know problems exist. cause they have not received enough particular, would strengthen the De- The President’s Commission on Care special care and assistance for that partment of Defense-to-Veterans Ad- for America’s Returning Wounded Vet- particular type of injury in the area of ministration transition by providing erans, led by Senator Bob Dole and VA housing grants and automobile en- partial housing grants for those vet- Secretary Donna Shalala, is an impor- hancements. erans residing with a family member to tant component of this ongoing effort, In particular, I want to recognize two cover servicemembers still on active which will not be a task for the short- women, heroes in my eyes, and I am duty awaiting their final VA disability winded. We have an obligation and a sure in the eyes of their families, peo- rating. duty to ensure that the men and ple such as Christy Patton, whose hus- I have to say a word here about the women who are serving and who have band, U.S. Army SSG Everett Patton, family members. When I have been to served in our military are receiving the is undergoing treatment at Brooke Walter Reed and when I have been to very best treatment and benefits for Army Medical Center. He was wounded Brooke Army Medical Center in San themselves and their families. We can- and badly burned by an IED, an impro- not and we should not tolerate any- Antonio, I have seen young spouses, vised explosive device, in Iraq while thing less. We have to do whatever it mostly women, who are attending to takes, including providing both the with the 172nd Stryker Brigade from their injured warrior husbands, or in necessary resources and cutting the bu- Alaska. The Pattons have five children. the case of Rosie Babin, a mother, a Then there is Rosie Babin, whose son reaucratic redtape, to best meet the loving mother attending to the needs Alan, a corporal, a medic, was shot medical and other needs of those who of her son, who was also injured in 2003. while serving in the 82nd Airborne have so nobly defended our Nation’s It was brought home to me on a very combat team in 2003, now medically re- freedom. human level what these wounds mean In my State of Texas, my home of tired and living at home with his par- not just to those who receive them but San Antonio, Brooke Army Medical ents outside Austin, TX. These two to the family members, who basically Center stands at the forefront of mod- women—Christy Patton, who sought sacrifice everything in order to attend ern army medicine, second to none in me out and explained to me the dif- to and care for their loved ones. So we the world. Without a doubt—and this is ficult challenges that her husband and ought to do everything we can for our a personal judgment, and I know my her family of five children are having warriors, such as Alan Babin, who are colleagues will indulge me—it is transitioning and dealing with these living in their parents’ home, to make Brooke Army Medical Center that is wounds and transitioning from the sure these housing grants will cover the crown jewel of modern military military medical care into retirement servicemembers still on active duty medicine. I have seen firsthand the and the veterans system; as well as who are awaiting their Veterans’ Ad- magnificent job our men and women Rosie Babin, on behalf of her son ministration disability rating. are doing at Brooke Army Medical Alan—are the most fervent and effec- This legislation will also require the Center to care for our servicemembers, tive advocates anyone could ever want Veterans’ Administration to report on and they deserve all the credit and our to have on your side. They have helped the need for a permanent housing grant firm support. me a great deal as I have tried to craft for wounded veterans who reside with When I made my most recent visit to legislation which I have introduced family members; and, finally, it will Brooke Army Medical Center, on today to help not only them, because I adjust current law to provide home im- March 10, I had the chance to not only know they didn’t come to me advo- provements and structural alteration visit soldiers and their families but I cating just for a solution for their hus- housing grants to Department of De- chaired a roundtable of hospital admin- band or their son, they came to me be- fense servicemembers who are awaiting istrators, veterans service organiza- cause they thought we could craft a so- final VA disability ratings. tions, and veterans themselves because lution for wounded warriors and their As a direct result of the care and con- I wanted to learn from them what we families yet to come. These families, cern of military family members, such needed to do here in Washington, DC to though, are facing unique challenges as as Christy Patton and Rosie Babin, we craft the laws and policies of this Na- they deal with the injuries of their now have a concrete response to the tion to serve them better. I appreciate loved ones, and we have a responsi- very real concerns they have raised and the strong opinions and advice ex- bility to ensure they do not go it alone ways that we can, working together, pressed by these people who partici- and that they get all the resources and strengthen the current law. I hope my pated in the roundtable, and others assistance our country can offer them colleagues will support this legislation who have been a source of information so they can recover to the maximum so we can work together on a bipar- and feedback to me as I try to do what degree possible. tisan basis, in unison, to support our I can in my capacity as their elected The intent of the legislation which I wounded servicemembers and their representative to accomplish these have introduced today, along with my families better, particularly people goals. The care and support our Nation cosponsors, is pretty straightforward. such as the Babins and the Pattons. provides to these wounded warriors is a Let me describe briefly what it does. With continued attention to our vet- direct reflection of the level of respect It would strengthen the present code erans, we can fashion a revised system we have for both our military, our to provide for the specific needs of burn that best supports them and their fam- military families, and our veterans, victims for housing and automobile ilies. I know we all agree that they de- and will, in many ways, shape the grants. It would ensure that wounded serve nothing less. They are the very armed services, the all-volunteer serv- servicemembers and veterans with finest our Nation has to offer. ices, for many years to come. They de- other specific needs, such as traumatic pend not only on recruitment but re- brain injuries, are also covered by By Mr. DOMENICI (for himself, tention. these kinds of grants, if required. It Mr. KENNEDY, Mr. BINGAMAN,

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Mr. HARKIN, Mr. LEAHY, and Mr. PATH is a proven program that has Campobello International Park Com- SANDERS): been very successful in moving people mission eligible to obtain Federal S. 1098. A bill to amend the Public out of homelessness. PATH has been health insurance; to the Committee on Health Service Act to revise the reviewed by the Office of Management Homeland Security and Governmental amount of minimum allotments under and Budget and has scored signifi- Affairs. the Projects for Assistance in Transi- cantly high marks in meeting program Ms. COLLINS. Mr. President. I rise tion from Homelessness program; to goals and objectives. Unquestionably, to introduce a bill that would solve a the Committee on Health, Education, homelessness is not just an urban serious health-insurance problem for Labor, and Pensions. issue. Rural and frontier communities some Americans who work on Campo- Mr. DOMENICI. Mr. President, I rise face unique challenges in serving bello Island, Canada, near the Maine today with my colleagues, Senator PATH eligible persons and the PATH border, at a park that honors the mem- KENNEDY, Senator BINGAMAN, Senator program funding mechanisms must ac- ory of President Franklin D. Roosevelt. HARKIN, Senator LEAHY and Senator count for these differences. Ten residents of the State of Maine SANDERS to introduce a bill that will I look forward to working with my are employed on that beautiful island raise the minimum grant amounts colleagues on this important issue. by the Roosevelt Campobello Inter- given to States and territories under I ask unanimous consent that the national Park. The park centers on the the PATH program. The PATH pro- text of the bill be printed in the spacious summer cottage that FDR gram provides services through for- RECORD. loved and visited often, from his child- mula grants of at least $300,000 to each There being no objection, the text of hood in the 1880s up to his last trip in State, the District of Columbia and the bill was ordered to be printed in 1939. Today, the Roosevelt cottage and Puerto Rico and $50,000 to eligible U.S. the RECORD, as follows: the park draw thousands of visitors territories. Subject to available appro- S. 1098 from around the world. priations, this bill will raise the min- Be it enacted by the Senate and House of Rep- The Roosevelt Campobello Inter- imum allotments to $600,000 to each resentatives of the United States of America in national Park was dedicated in 1964 as Congress assembled, State and $100,000 to eligible U.S. terri- a memorial to President Roosevelt, and SECTION 1. MINIMUM ALLOTMENTS UNDER THE tories. is funded by both the U.S. and the Ca- When the PATH program was estab- PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS nadian Governments under terms of a lished in fiscal year 1991 as a formula PROGRAM. treaty. grant program, Congress appropriated Section 524 of the Public Health Service Unfortunately, the drafters of the $33 million. That amount has steadily Act (42 U.S.C. 290cc–24) is amended to read as treaty did not address the need for increased over the years with Congress follows: health insurance for park employees. appropriating $55 million this past ‘‘SEC. 524. DETERMINATION OF AMOUNT OF AL- As a result, the State Department con- year. However, despite these increases, LOTMENT. cluded in 1965 that those employees States and territories such as New ‘‘(a) DETERMINATION UNDER FORMULA.— Subject to subsection (b), the allotment re- ‘‘shall be subject to the relevant Cana- Mexico that have rural and frontier quired in section 521 for a State for a fiscal dian labor laws.’’ Based on that State populations, have not received an in- year is the product of— Department opinion, the U.S. Civil crease in their PATH funds. Under the ‘‘(1) an amount equal to the amount appro- Service Commission—precursor of the formula, as it currently exists, many priated under section 535 for the fiscal year; Office of Personnel Management—de- States and territories will never re- and termined that the employees were not ceive an increase to their PATH pro- ‘‘(2) a percentage equal to the quotient of— eligible for Federal Employee Health gram, even with increasing demand and ‘‘(A) an amount equal to the population Benefits Program coverage. inflation. This problem is occurring in living in urbanized areas of the State in- volved, as indicated by the most recent data my home State of New Mexico as well Meanwhile, even if the employees collected by the Bureau of the Census; and could join the Canadian health plan, as twenty-five other States and terri- ‘‘(B) an amount equal to the population tories throughout the United States. the park’s location makes it imprac- living in urbanized areas of the United tical for them to seek medical treat- The PATH program is authorized States, as indicated by the sum of the re- under the Public Health Service Act spective amounts determined for the States ment in Canada. The closest doctors and it funds community-based out- under subparagraph (A). and hospitals are in Maine, and the reach, mental health, substance abuse, ‘‘(b) MINIMUM ALLOTMENT.— only access to the park is from the case management and other support ‘‘(1) IN GENERAL.—Subject to paragraph (2), United States. services, as well as a limited set of the allotment for a State under section 521 Consequently, the employees have re- for a fiscal year shall, at a minimum, be the housing services for people who are lied on a small-group insurance plan greater of— negotiated by the Park Commission homeless and have serious mental ill- ‘‘(A) the amount the State received under nesses. Program services are provided section 521 in fiscal year 2006; and and have paid for their own insurance. in a variety of different settings, in- ‘‘(B) $600,000 for each of the several States, But as with millions of other Ameri- cluding clinic sites, shelter-based clin- the District of Columbia, and the Common- cans, drastic increases in premiums ics, and mobile units. In addition, the wealth of Puerto Rico, and $100,000 for each have made that small-group plan PATH program takes health care serv- of Guam, the Virgin Islands, American unaffordable for the Park employees. ices to locations where homeless indi- Samoa, and the Commonwealth of the North- The result is a genuine hardship for ern Mariana Islands. them and their families. viduals are found, such as streets, ‘‘(2) CONDITION.—If the funds appropriated parks, and soup kitchens. in any fiscal year under section 535 are insuf- My bill will resolve this problem sim- PATH services are a key element in ficient to ensure that States receive a min- ply, by making these employees eligi- the plan to end chronic homelessness. imum allotment in accordance with para- ble for FEHBP health insurance. This Every night, an estimated 600,000 peo- graph (1), then— is a matter of equal treatment as well ple are homeless in America. Of these, ‘‘(A) no State shall receive less than the as compassion. Full-time employees of about one-third are single adults with amount they received in fiscal year 2006; and other joint-responsibility parks on the serious mental illnesses. I have worked ‘‘(B) any funds remaining after amounts U.S.A.-Canada border, like Glacier Na- are provided under subparagraph (A) shall be tional Park, are already eligible for closely with organizations in New Mex- used to meet the requirement of paragraph ico such as Albuquerque Health Care (1)(B), to the maximum extent possible.’’. coverage under the FEHBP. for the Homeless and I have seen first Adding this handful of employees to hand the difficulties faced by the more By Ms. COLLINS (for herself and the rolls is a negligible cost to the gov- than 15,000 homeless people in New Mr. HARKIN): ernment, but a huge relief for these de- Mexico, 35 percent of whom are chron- S. 1099. A bill to amend chapter 89 of serving citizens. ically mentally ill or mentally inca- title 5, United States Code, to make in- I am pleased to be joined in this ef- pacitated. dividuals employed by the Roosevelt fort by Senator HARKIN. He serves ably

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8769 on the Roosevelt Campobello Inter- because of where they purchase their surance policies and in-kind contribu- national Park Commission, and so un- Part D pharmaceuticals. tions when determining a beneficiary’s derstands the problem faced by my These bills were developed in close resource level, and prohibits LIS bene- Maine constituents employed at the collaboration with Senator SMITH, who fits from being counted as resources for park. also will be introducing two bills today the purposes of determining eligibility I hope that our colleagues will join to achieve other, critical improve- for other federal programs. us to support this bill so that the ments in the Medicare program for I also am introducing the Low-In- American citizens maintaining a park low-income seniors. Together, we be- come True Out-Of Pocket (TrOOP) Ex- honoring a great American President lieve this package of four bills will pro- pense under Part D Assistance bill, will be treated fairly. I ask unanimous vide the reforms necessary to ensure which ensures that low-income Ameri- concent that the text of the bill be that the Medicare program and the LIS cans do not get ‘‘stuck’’ in the Part D printed in the RECORD. function as they were intended, to en- ‘‘doughnut hole’’ simply because of There being no objection, the text of sure access to life-saving drug coverage where they choose to purchase Part D the bill was ordered to be printed in for some of the most vulnerable mem- pharmaceuticals. the RECORD, as follows: bers of our society. Unbelievably, under current regula- S. 1099 Data indicates that a shockingly low tion and guidance, individuals who are Be it enacted by the Senate and House of Rep- number of seniors eligible for the LIS in the doughnut hole and receive Part resentatives of the United States of America in benefit are actually receiving the ben- D drugs from commercial pharmacies Congress assembled, efit. According to the January 2007 re- are permitted to count waivers or re- SECTION 1. HEALTH INSURANCE. port by the National Council on Aging ductions in Part D cost-sharing to Section 8901(1) of title 5, United States (NCOA), The Next Steps: Strategies to count towards their TrOOP. However, Code, is amended— Improve the Medicare Part D Low-In- low-income individuals who tend to re- (1) in subparagraph (H), by striking ‘‘and’’ at the end; come Subsidy, only 35 percent to 42 ceive Part D drugs from safety-net (2) in subparagraph (I), by inserting ‘‘and’’ percent of beneficiaries who could have pharmacies and other safety-net pro- after the semicolon; and successfully applied for the LIS in 2006 viders are not permitted to count simi- (3) by inserting before the matter following were actually receiving it. Exacer- lar waivers or reductions in Part D subparagraph (I) the following: bating this problem, NCOA also reports cost-sharing by safety-net providers to- ‘‘(J) an individual who is employed by the that overall LIS enrollment rates are wards their TrOOP. Thus, current law Roosevelt Campobello International Park slowing. In total for 2007, NCOA esti- penalizes low-income individuals and Commission and is a citizen of the United mates that between 3.4 and 4.4 million makes it easier for them to get stuck States,’’. beneficiaries still must be identified in the doughnut hole—never accessing By Mr. BINGAMAN (for himself, and enrolled in the LIS. Furthermore, the catastrophic coverage to which Mr. SMITH, Mr. KOHL, Ms. data indicates that certain LIS re- they are entitled. SNOWE, Mrs. LINCOLN, and Mr. quirements result in many low-income My legislation would undo this in- KERRY): seniors that should be eligible for the equity and permit waivers and reduc- S. 1102. A bill to amend title XVIII of benefit being denied enrollment in LIS. tions for beneficiaries receiving care the Social Security Act to expedite the I believe the modest policy changes from safety-net providers to count to- application and eligibility process for created by the legislation I and Sen- wards beneficiaries’ TrOOP. Specifi- low-income subsidies under the Medi- ator SMITH are introducing will ensure cally, the legislation will count waiv- care prescription drug program and to that all low-income beneficiaries have ers and reductions by certain safety- revise the resource standards used to access to the LIS. net hospitals and pharmacies, Feder- determine eligibility for an income-re- The single most significant barrier to ally Qualified Health Centers (FQHCs), lated subsidy, and for other purposes; LIS eligibility is the asset test, which AIDS Drug Assistance Programs to the Committee on Finance. accounts for approximately 41 percent (ADAPs), Pharmacy Assistance Pro- of LIS denials. As reported by NCOA, grams (PAPs), and the Indian Health By Mr. BINGAMAN (for himself, the asset test penalizes low income re- Service (IRS) toward TrOOP. Mr. SMITH, and Mr. KERRY): tirees who may have very modest sav- In closing, I would also like to offer S. 1103. A bill to amend title XVIII of ings. For example, approximately half my strong support for the two bills on the Social Security At to include costs of the people that failed the asset test which we worked very closely with incurred by the Indian Health Service, have excess assets of $35,000 or less. Senator Smith and that he is intro- a Federally qualified health center, an These people tend to be older, female, ducing today. The first is the Medicare AIDS drug assistance program, certain widowed, and living alone. In addition Part D Outreach and Enrollment En- hospitals, or a pharmaceutical manu- the asset test is inherently discrimina- hancement Act, which creates a perma- facturer patient assistance program in tory against certain categories of peo- nent 90-day special enrollment period providing prescription drugs toward ple, e.g., people who rent their homes. for any beneficiary who becomes eligi- the annual out of pocket threshold My legislation, the Part D Equity for ble for the LIS. It also requires CMS to under part D of the Medicare program; Low-Income Seniors Act, will dramati- provide such beneficiaries facilitated to the Committee on Finance. cally improve this inequity by raising enrollment into the plans allowing, Mr. BINGAMAN. Mr. President, I rise the asset test limits to $27,500 for an within 90 days, the beneficiary to be today with my colleague Senator individual and $55,000 for a couple. This enrolled into the most appropriate plan SMITH to introduce two pieces of vi- will capture about half of individuals for his or her needs. The legislation tally important, bipartisan legislation and two-thirds of couples who have also waives the late enrollment penalty that will ensure that low-income sen- been denied LIS because of excess re- for LIS beneficiaries, provides a $1 per iors have full access to the benefits sources. beneficiary authorization for State available to them under the Medicare As recommended by OIG in fall 2006, Health Insurance Programs, and funds Drug Benefit. The first piece of legisla- this legislation also allows the Internal the National Center on Senior Benefits tion makes critical improvements in Revenue Service (IRS) to transfer tax and Outreach, which was created last the Medicare Part D Low-Income Sub- filing information to the Social Secu- year in the Older Americans Act. sidy (LIS) available to assist these in- rity Administration (SSA) so they can The second piece of legislation cre- dividuals in meeting cost sharing, pre- better target beneficiaries who might ates important equity between institu- mium, and deductible requirements be eligible for the LIS. In addition, this tionalized Part D beneficiaries dually under Part D. The second will ensure legislation creates an expedited LIS eligible for Medicare and Medicaid and that low-income seniors don’t get application process for pre-screened those dual eligibles who avoid caught in the Medicare Part D cov- beneficiaries, prohibits the reporting of initialization through a Home and erage gap, or ‘‘doughnut hole,’’ simply retirement account balances, life-in- Community Based Waiver (HCBW).

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8770 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 Currently under Federal law, Part D can offer them. With targeted investments amended by adding at the end the following cost-sharing requirements are waived and modest policy changes, significantly new subsection: for dual-eligible individuals that are higher participation rates can be achieved in 2007. ‘‘(e) EXPEDITED APPLICATION AND ELIGI- institutionalized but are not waived for This paper identifies recommended legisla- BILITY PROCESS.— individuals in HCBWs. Senator SMITH’s tive, administrative, and regulatory reforms ‘‘(1) EXPEDITED PROCESS.— legislation would make an important that should be made to the LIS to improve ‘‘(A) IN GENERAL.—The Commissioner of change to Federal law to all allow cost access to the program for seniors and people Social Security shall provide for an expe- sharing under Part D to be waived for with disabilities with limited means. Some dited process under this subsection for the dual eligibles regardless of whether of the key legislative reforms recommended qualification for low-income assistance include: (1) eliminating the asset test, as it they are institutionalized or receiving under this section through a request to the is the single-most significant barrier to Part Secretary of the Treasury as provided in sub- care through HCBWs. D LIS eligibility; (2) enacting legislation to paragraph (B) for information described in I also would like to express my grati- make the LIS Special Enrollment Period section 6103(l)(21) of the Internal Revenue tude for the assistance of several key (SEP) permanent and eliminate the late en- Code of 1986. Such process shall be conducted senior citizen advocates in crafting all rollment premium penalty for this popu- in cooperation with the Secretary. lation; and (3) establishing and funding a four important pieces of legislation, in- ‘‘(B) CURRENTLY ELIGIBLE INDIVIDUALS.— cluding: Paul Cotton and Kristen Sloan dedicated, nationwide network of enrollment The Commissioner of Social Security shall, centers through the new National Center on as soon as practicable after implementation from the American Association of Re- Senior Benefits Outreach and Enrollment in of subparagraph (A), screen such individual tired Persons, Howard Bedlin and Sara order to find and enroll remaining LIS eligi- Duda from the National Council on bles. for eligibility for the low-income subsidy Aging, Lena O’Rourke and Marc Stein- There are also significant administrative provided under this section through such a request to the Secretary of the Treasury. berg from Families USA, Patricia and regulatory reforms recommended in this ‘‘(2) NOTIFICATION OF POTENTIALLY ELIGIBLE Nemore and Vicki Gottlich from the paper. Some of the reforms include having the Social Security Administration (SSA): INDIVIDUALS.—Under such process, in the Center for Medicare Advocacy and Paul (1) designate at least one dedicated worker in case of each individual identified under para- Precht, from the Medicare Rights Cen- each field office who is assigned specifically graph (1) who has not otherwise applied for, ter. I would also like to thank the Staff to process LIS applications where practical; or been determined eligible for, benefits at the Social Security Administration (2) amend the LIS application to allow appli- under this section (or who has applied for (SSA) for their prompt feedback and cants to designate a third party to assist and been determined ineligible for such bene- invaluable assistance. them through the LIS application process fits based only on excess resources), the I urge my colleagues to join me in and interact with SSA on their behalf; and Commissioner of Social Security shall send a (3) maintain a link from the online LIS ap- supporting these important pieces of notification that the individual is likely eli- plication to a webpage that provides seniors gible for low-income subsidies under this sec- legislation, which will ensure that life and people with disabilities—as well as their tion. Such notification shall include the fol- saving pharmaceuticals are available family members, friends, or advocates—with lowing: to low-income Americans. state-specific information on other public ‘‘(A) APPLICATION INFORMATION.—Informa- I ask unanimous consent that the Na- benefits for which they may be eligible. tion on how to apply for such low-income tional Council on Aging Report, and In addition to implementing reforms to the subsidies. Part D LIS program, Prescription Drug ‘‘(B) DESCRIPTION OF THE LIS BENEFIT.—A the text of these bills to be printed in Plans (PDPs) and Medicare Advantage-Pre- description of the low-income subsidies the RECORD. scription Drug plans (MAPDs) should be re- available under this section. There being no objection, the mate- quired to screen their member lists for indi- ‘‘(C) INFORMATION ON STATE HEALTH INSUR- rial was ordered to be printed in the viduals who are potentially eligible for the ANCE PROGRAMS.—Information on— RECORD, as follows: Low- Income Subsidy. We estimate that up to 1.1 million more people in plans could en- ‘‘(i) the State Health Insurance Assistance THE NEXT STEPS: STRATEGIES TO IMPROVE Program for the State in which the indi- THE MEDICARE PART D LOW-INCOME SUBSIDY roll in the LIS if they knew they were eligi- ble for the program and received application vidual is located; and The passage of the Medicare Modernization assistance. PDPs and MA-PDs could partner ‘‘(ii) how the individual may contact such Act (MMA) was the largest expansion of the with nonprofit organizations to help screen Program in order to obtain assistance re- Medicare program since its inception in 1965 their members for LIS eligibility. garding enrollment and benefits under this and over 90 percent of Medicare beneficiaries We commend CMS for its recent decisions part. now have prescription drug coverage due to to permit low-income beneficiaries to sign ‘‘(D) ATTESTATION.—An application form unprecedented efforts by the public and pri- up for LIS and enroll in a plan throughout that provides for a signed attestation, under vate sectors. However, millions of those in the remainder of 2007 without penalty. This penalty of law, as to the amount of income greatest need have still not signed up for the action is necessary, but not sufficient in and assets of the individual and constitutes Low-Income Subsidy (LIS or Extra Help) itself to achieve higher LIS enrollments in an application for the low-income subsidies program, which provides generous financial 2007. To reach the remaining LIS eligibles, under this section. Such form— assistance to beneficiaries with limited in- additional investment in proven strategies ‘‘(i) shall not require the submittal of addi- come and resources, including coverage that work is needed, along with progress on tional documentation regarding income or through the ‘‘donut hole.’’ HHS has esti- the other recommendations included in this assets; mated that at least 75% of the Medicare paper. ‘‘(ii) shall permit the appointment of a per- beneficiaries still without any prescription With the beginning of the second year of sonal representative described in paragraph drug coverage are eligible for the Low-In- this program, the Access to Benefits Coali- (4); and come Subsidy. tion and NCOA call on the Administration, ‘‘(iii) shall allow for the specification of a The challenge of finding and enrolling peo- foundations, corporations and advocacy language (other than English) that is pre- ple with limited means in needs-based pro- groups to renew their commitment to out- ferred by the individual for subsequent com- grams is not new. After forty years, take-up reach and enrollment efforts and to invest in munications with respect to the individual rates remain low for many federal means- effective strategies to help seniors and peo- under this part. tested benefits. As a result of unprecedented ple with disabilities in greatest need to re- efforts by the public, non-profit and private ceive the important benefits available to If a State is doing its own outreach to low- sectors in the first year of the program, them. income seniors regarding enrollment and NCOA estimates that 35% to 42% of bene- low-income subsidies under this part, such ficiaries who could have successfully applied S. 1102 process shall be coordinated with the State’s for the LIS in 2006 are actually receiving it. Be it enacted by the Senate and House of Rep- outreach effort. While the LIS take-up rate so far is on a par resentatives of the United States of America in ‘‘(3) HOLD-HARMLESS.—Under such process, with historic enrollment rates in other fed- Congress assembled, if an individual in good faith and in the ab- eral, needs-based programs (especially after SECTION 1. SHORT TITLE. sence of fraud executes an attestation de- the first year of effort), there are signs that This Act may be cited as the ‘‘Part D Eq- scribed in paragraph (2)(D) and is provided overall enrollment rates are slowing. We es- uity for Low-Income Seniors Act of 2007’’. low-income subsidies under this section on timate that there are between 3.4 and 4.4 SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES the basis of such attestation, if the indi- million beneficiaries that we still need to UNDER THE MEDICARE PRESCRIP- vidual is subsequently found not eligible for find and sign up for the program in 2007. TION DRUG PROGRAM. such subsidies, there shall be no recovery These are people who would benefit most (a) IN GENERAL.—Section 1860D–14 of the made against the individual because of such from the coverage that Part D and the LIS Social Security Act (42 U.S.C. 1395w-114) is subsidies improperly paid.

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‘‘(4) USE OF AUTHORIZED REPRESENTATIVE.— SEC. 3. MODIFICATION OF RESOURCE STAND- percentage increase in the consumer price Under such process, with proper authoriza- ARDS FOR DETERMINATION OF ELI- index (all items; U.S. city average) as of Sep- tion (which may be part of the attestation GIBILITY FOR LOW-INCOME SUB- tember of such previous year.’’; and form described in paragraph (2)(D)), an indi- SIDY. (4) in the flush sentence at the end, by (a) INCREASING THE ALTERNATIVE RESOURCE vidual may authorize another individual to striking ‘‘clause (i) or (ii)’’ and inserting STANDARD.—Section 1860D–14(a)(3)(E)(i) of act as the individual’s personal representa- ‘‘clause (i), (ii), or (iii)’’. the Social Security Act (42 U.S.C. 1395w– tive with respect to communications under (b) INDEXING COST-SHARING.—Section 114(a)(3)(E)(i)) is amended— this part and the enrollment of the indi- 1860D–14(a) of the Social Security Act (42 (1) in subclause (I), by striking ‘‘and’’ at vidual under a prescription drug plan (or U.S.C. 1395w–114(a)) is amended– the end; MA–PD plan) and for low-income subsidies (1) in paragraph (1)(D)(iii), by striking ‘‘ex- (2) in subclause (II)— under this section. ceed the copayment amount’’ and all that (A) by striking ‘‘a subsequent year’’ and in- ‘‘(5) USE OF PREFERRED LANGUAGE IN SUBSE- follows through the period at the end and in- serting ‘‘2007’’; QUENT COMMUNICATIONS.—In the case an at- serting ‘‘exceed— (B) by striking ‘‘in this subclause (or sub- testation described in paragraph (2)(D) is ‘‘(I) for 2006 and 2007, the copayment clause (I)) for the previous year’’ and insert- completed and in which a language other amount specified under section 1860D– ing ‘‘in subclause (I) for 2006’’; than English is specified under clause (iii) of 2(b)(4)(A)(i)(I) for the drug and year involved; (C) by striking the period at the end and such paragraph, the Commissioner of Social and inserting a semicolon; and Security shall provide that subsequent com- ‘‘(II) for 2008 and each succeeding year, the (D) by inserting before the flush sentence munications to the individual under this amount determined under this subparagraph at the end the following new subclauses: part shall be in such language. for the previous year increased by the annual ‘‘(III) for 2008, $27,500 (or $55,000 in the case ‘‘(6) CONSTRUCTION.—Nothing in this sub- percentage increase in the consumer price of the combined value of the individual’s as- section shall be construed as precluding the index (all items; U.S. city average) as of Sep- sets or resources and the assets or resources Commissioner of Social Security or the Sec- tember of such previous year.’’; and of the individual’s spouse); and retary from taking additional outreach ef- (2) in paragraph (2)(E), by striking ‘‘exceed ‘‘(IV) for a subsequent year the dollar forts to enroll eligible individuals under this the copayment or coinsurance amount’’ and amounts specified in this subclause (or sub- part and to provide low-income subsidies to all that follows through the period at the clause (III)) for the previous year increased eligible individuals.’’. end and inserting ‘‘exceed— by the annual percentage increase in the (b) DISCLOSURE OF RETURN INFORMATION ‘‘(i) for 2006 and 2007, the copayment or co- consumer price index (all items; U.S. city av- FOR PURPOSES OF DETERMINING INDIVIDUALS insurance amount specified under section erage) as of September of such previous ELIGIBLE FOR SUBSIDIES UNDER MEDICARE 1860D–2(b)(4)(A)(i)(I) for the drug and year in- year.’’; and PART D.— volved; and (3) in the flush sentence at the end, by in- (1) IN GENERAL.—Subsection (l) of section ‘‘(ii) for 2008 and each succeeding year, the serting ‘‘or (IV)’’ after ‘‘subclause (II)’’. 6103 of the Internal Revenue Code of 1986 is amount determined under this clause for the (b) EXEMPTIONS FROM RESOURCES.—Section amended by adding at the end the following previous year increased by the annual per- 1860D–14(a)(3) of the Social Security Act (42 new paragraph: centage increase in the consumer price index U.S.C. 1395w–114(a)(3)) is amended— ‘‘(21) DISCLOSURE OF RETURN INFORMATION (all items; U.S. city average) as of Sep- (1) in subparagraph (D), in the matter pre- TO CARRY OUT MEDICARE PART D SUBSIDIES.— tember of such previous year.’’. ceding clause (i), by inserting ‘‘subject to the ‘‘(A) IN GENERAL.—The Secretary shall, additional exclusions provided under sub- SEC. 5. NO IMPACT ON ELIGIBILITY FOR BENE- upon written request from the Commissioner FITS UNDER OTHER PROGRAMS. paragraph (G)’’ before ‘‘)’’; of Social Security under section 1860D– (a) IN GENERAL.—Section 1860D–14(a)(3) of (2) in subparagraph (E)(i), in the matter 14(e)(1) of the Social Security Act, disclose the Social Security Act (42 U.S.C. 1395w– preceding subclause (I), by inserting ‘‘subject to officers and employees of the Social Secu- 114(a)(3)), as amended by section 3(c)(3), is to the additional exclusions provided under rity Administration return information of a amended— subparagraph (G)’’ before ‘‘)’’; and taxpayer who (according to the records of (1) in subparagraph (A), in the matter pre- (3) by adding at the end the following new the Secretary) may be eligible for a subsidy ceding clause (i), by striking ‘‘subparagraph subparagraph: under section 1860D–14 of the Social Security (F)’’ and inserting ‘‘subparagraphs (F) and ‘‘(G) ADDITIONAL EXCLUSIONS.—In deter- Act. Such return information shall be lim- (H)’’; and mining the resources of an individual (and ited to— (2) by adding at the end the following new their eligible spouse, if any) under section ‘‘(i) taxpayer identity information with re- subparagraph: 1613 for purposes of subparagraphs (D) and spect to such taxpayer, ‘‘(H) NO IMPACT ON ELIGIBILITY FOR BENE- (E) the following additional exclusions shall ‘‘(ii) the filing status of such taxpayer, FITS UNDER OTHER PROGRAMS.—The avail- apply: ‘‘(iii) the gross income of such taxpayer, ability of premium and cost-sharing sub- ‘‘(i) LIFE INSURANCE POLICY.—No part of the ‘‘(iv) such other information relating to sidies under this section shall not be treated value of any life insurance policy shall be the liability of the taxpayer as is prescribed as benefits or otherwise taken into account taken into account. by the Secretary by regulation as might in- in determining an individual’s eligibility for, ‘‘(ii) IN-KIND CONTRIBUTIONS.—No in-kind dicate the eligibility of such taxpayer for a or the amount of benefits under, any other contribution shall be taken into account. subsidy under section 1860D–14 of the Social Federal program.’’. ‘‘(iii) PENSION OR RETIREMENT PLAN.—No Security Act, and (b) EFFECTIVE DATE.—The amendments balance in any pension or retirement plan ‘‘(v) the taxable year with respect to which made by this section shall take effect on the shall be taken into account.’’. the preceding information relates. date of enactment of this Act. (c) EFFECTIVE DATE.—The amendments ‘‘(B) RESTRICTION ON USE OF DISCLOSED IN- made by this section shall take effect on the S. 1103 FORMATION.—Return information disclosed date of enactment of this Act. under this paragraph may be used by officers Be it enacted by the Senate and House of Rep- SEC. 4. INDEXING DEDUCTIBLE AND COST-SHAR- and employees of the Social Security Admin- ING ABOVE ANNUAL OUT-OF-POCKET resentatives of the United States of America in istration only for the purposes of identifying THRESHOLD FOR INDIVIDUALS Congress assembled, eligible individuals for, and, if applicable, ad- WITH INCOME BELOW 150 PERCENT SECTION 1. SHORT TITLE. ministering— OF POVERTY LINE. This Act may be cited as the ‘‘Helping Fill ‘‘(i) low-income subsidies under section (a) INDEXING DEDUCTIBLE.—Section 1860D– the Medicare Rx Gap Act of 2007’’. 1860D–14 of the Social Security Act, and 14(a)(4)(B) of the Social Security Act (42 SEC. 2. INCLUDING COSTS INCURRED BY THE IN- ‘‘(ii) the Medicare Savings Program imple- U.S.C. 1395w–114(a)(4)(B)) is amended— DIAN HEALTH SERVICE, A FEDER- mented under clauses (i), (iii), and (iv) of sec- (1) in clause (i), by striking ‘‘or’’; ALLY QUALIFIED HEALTH CENTER, tion 1902(a)(10)(E) of such Act. (2) in clause (ii)— AN AIDS DRUG ASSISTANCE PRO- ‘‘(C) TERMINATION.—Return information (A) by striking ‘‘a subsequent year’’ and in- GRAM, CERTAIN HOSPITALS, OR A may not be disclosed under this paragraph serting ‘‘2008’’; PHARMACEUTICAL MANUFACTURER PATIENT ASSISTANCE PROGRAM IN after the date that is one year after the date (B) by striking ‘‘this clause (or clause (i)) PROVIDING PRESCRIPTION DRUGS of the enactment of this paragraph.’’. for the previous year’’ and inserting ‘‘clause TOWARD THE ANNUAL OUT OF (2) CONFORMING AMENDMENTS.—Paragraph (i) for 2007’’; and POCKET THRESHOLD UNDER PART (4) of section 6103(p) of the Internal Revenue (C) by striking ‘‘involved.’’ and inserting D. Code of 1986 is amended— ‘‘involved; and’’; (a) IN GENERAL.—Section 1860D–2(b)(4)(C) of (A) by striking ‘‘(14) or (17)’’ in the matter (3) by adding after clause (ii) the following the Social Security Act (42 U.S.C. 1395w– preceding subparagraph (A) and inserting new clause: 102(b)(4)(C)) is amended— ‘‘(14), (17), or (21)’’; and ‘‘(iii) for 2008 and each succeeding year, the (1) in clause (i), by striking ‘‘and’’ at the (B) by striking ‘‘(15) or (17)’’ in subpara- amount determined under this subparagraph end; graph (F)(ii) and inserting ‘‘(15), (17), or (21)’’. for the previous year increased by the annual (2) in clause (ii)—

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8772 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 (A) by striking ‘‘such costs shall be treated Nation as a whole and the very ideals on Long Island. They knew one another as incurred only if’’ and inserting ‘‘subject to upon which our country was founded. from their involvement in community clause (iii), such costs shall be treated as in- The vast majority of Congress agrees. activities and were together to cele- curred if’’; In 2000, 57 Senators voted in support of brate one of their birthdays. As the (B) by striking ‘‘, under section 1860D–14, or under a State Pharmaceutical Assistance this bill. In 2002, 54 Senators voted with group entered the restaurant, three Program’’; us, and, in 2004, we had 65 votes. Today, men who were leaving the bar as- (C) by striking ‘‘(other than under such we are re-introducing this bicameral, saulted them, pummeling one boy and section or such a Program)’’; and bipartisan bill with the support of 39 severing a tendon in his hand with a (D) by striking the period at the end and original cosponsors, and we have the sharp weapon. During the attack, the inserting ‘‘; and’’; and votes to get cloture. We have the votes men yelled racial slurs and one identi- (3) by inserting after clause (ii) the fol- in the House too. This year, we are fied himself as a skinhead. lowing new clause: going to get it done. Two of the men were tried under the ‘‘(iii) such costs shall be treated as in- Our legislation is supported by a curred and shall not be considered to be re- current Federal law for committing a imbursed under clause (ii) if such costs are broad coalition of over 210 law enforce- hate crime and were acquitted. The ju- borne or paid— ment, civic, religious and civil rights rors said the government failed to ‘‘(I) under section 1860D–14; groups, including the International As- prove that the attack took place be- ‘‘(II) under a State Pharmaceutical Assist- sociation of Chiefs of Police, the Na- cause the victims were engaged in a ance Program; tional Sheriffs Association, the Anti- federally protected activity—using the ‘‘(III) by the Indian Health Service, an In- Defamation League, the Interfaith Al- restaurant. The result in this case is dian tribe or tribal organization, or an urban liance, the U.S. Conference of Mayors, only one example of the inadequate Indian organization (as defined in section 4 the Leadership Conference on Civil of the Indian Health Care Improvement Act); protection under current law. The bill ‘‘(IV) by a Federally qualified health cen- Rights, the National District Attor- we introduce today will eliminate the ter (as defined in section 1861(aa)(4)); neys Association, and the National federally protected activity require- ‘‘(V) under an AIDS Drug Assistance Pro- Center for Victims of Crime. ment. Under this bill, the defendants gram under part B of title XXVI of the Pub- Data from the National Crime Vic- who left the courtroom as free men lic Health Service Act; timization Survey are especially dis- would almost certainly have left in ‘‘(VI) by a subsection (d) hospital (as de- turbing because they indicate that a handcuffs through a different door. fined in section 1886(d)(1)(B)) that meets the large number of hate crimes go unre- The bill also recognizes that hate requirements of clauses (i) and (ii) of section ported. The data indicates that an av- 340B(a)(4)(L) of the Public Health Service crimes are also committed against peo- Act; or erage of 191,000 hate crimes take place ple because of their sexual orientation, ‘‘(VII) by a pharmaceutical manufacturer every year, but only a small percentage their gender, their gender identity, or patient assistance program, either directly are reported to the police. their disability. It’s up to Congress to or through the distribution or donation of We obviously need to strengthen the make sure that tough Federal penalties covered part D drugs, which shall be valued ability of Federal, State and local gov- also apply to those who commit such at the negotiated price of such covered part ernments to investigate and prosecute D drug under the enrollee’s prescription drug crimes as well. Passing this bill will these vicious and senseless crimes. The send a loud and clear message. All hate plan or MA–PD plan as of the date that the existing Federal hate crime statute drug was distributed or donated.’’. crimes will face Federal prosecution. was passed in 1968, soon after the assas- (b) EFFECTIVE DATE.—The amendments Action is long overdue. sination of Dr. Martin Luther King, Jr. made by subsection (a) shall apply to costs Examples of the problem abound. It was such an important step forward incurred on or after January 1, 2008. Two years ago, a 52-year-old Alabama at the time, but it is now a generation man was beaten on the head with a By Mr. KENNEDY (for himself, out of date. hammer because he was gay. Still wait- Mr. SMITH, Mr. LEAHY, Mr. The absence of effective legislation ing for justice, the man lies in a coma SPECTER, Ms. MIKULSKI, Ms. has undoubtedly resulted in the failure as a result of that attack. COLLINS, Mr. MENENDEZ, Ms. to solve many hate-motivated crimes. SNOWE, Mr. BROWN, Mr. KERRY, The recent action of the Justice De- In 1993, a 21-year-old transgender Mr. DURBIN, Mr. LAUTENBERG, partment in reopening 40 civil-rights- man, Brandon Teena was raped and Mr. DODD, Mr. NELSON of Ne- era murders demonstrates the need for beaten in Humboldt, NE, by two male braska, Mrs. FEINSTEIN, Mr. adequate laws. Many of the victims in friends. The local sheriff refused to ar- LEVIN, Mr. HARKIN, Mr. these cases have been denied justice for rest the offenders, and they later shot WHITEHOUSE, Ms. STABENOW, decades, and for some, justice will and stabbed Brandon to death. Mr. BIDEN, Mrs. MURRAY, Mr. never come. In 1999, four women in Yosemite Na- BAYH, Ms. CANTWELL, Mr. This bill corrects two major defi- tional Park were targeted by a man CARDIN, Mr. LIEBERMAN, Mr. ciencies in current law—one, the exces- who admitted to having fantasized REED, Mr. SCHUMER, Mr. sive restrictions requiring proof that about killing women for most of his OBAMA, Mrs. BOXER, Ms. victims were attacked because they life. The current hate crime law did not KLOBUCHAR, Mr. AKAKA, Mr. were engaged in certain ‘‘federally pro- apply to this horrific crime because en- BINGAMAN, Mrs. CLINTON, Ms. tected activities,’’ and, two, the lim- joyment of a Federal park is not a fed- LANDRIEU, Mr. ROCKEFELLER, ited scope of the law, which covers only erally protected right. Mrs. LINCOLN, Mr. CASEY, Mrs. hate crimes based on race, religion, or In 2001, Fred C. Martinez, Jr., a Nav- MCCASKILL, Mr. INOUYE, Mr. ethnic background, excluding violence ajo, openly gay, transgender youth, NELSON of Florida, Mr. committed against persons because of was murdered while walking home SALAZAR, and Mr. JOHNSON): their sexual orientation, gender, gen- from a party in Cortez, CO. The perpe- S. 1105. A bill to provide Federal as- der identity, or disability. trator, Shaun Murphy, had traveled sistance to States, local jurisdictions, The federally protected activity re- from New Mexico to Colorado with a and Indian tribes to prosecute hate quirement is outdated, unwise and un- friend in order to sell illegal drugs. He crimes, and for other purposes; to the necessary, particularly when we con- met Fred at a carnival that night, and Committee on the Judiciary. sider the unjust outcomes that result the next morning, while driving, he Mr. KENNEDY. Mr. President, hate from this requirement. Hate crimes can saw Fred walking down the street. crimes violate everything our country occur in a variety of circumstances, Shaun and his friend offered Fred a stands for. They send the poisonous and citizens are often targeted during ride and dropped him off close to home. message that certain Americans de- routine activities that should be pro- Shortly thereafter, Shaun attacked serve to be victimized solely because of tected. Fred and beat him to death with a who they are. These are crimes com- For example, in June 2003, six Latino large rock. His body was discovered mitted against entire communities, the teenagers went to a family restaurant several days later. The attackers

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8773 bragged about this vicious crime, de- 22. SALDEF (Sikh American Legal Defense Asian Pacific American Women’s Forum, Na- scribing the victim with vulgar epi- and Education Fund). tional Association of Social Workers, Na- thets. 23. Unitarian Universalist Association. tional Center for Lesbian Rights, National The perpetrator could not be charged 24. The United States Conference of May- Congress of Black Women, National Council ors. of Jewish Women, National Council of Wom- with a hate crime because no State or 25. Group Letter: Religious Organizations: en’s Organizations, National Organization Federal law protecting gender identity African American Ministers in Action, for Women, National Partnership for Women existed. He received a 40-year sentence American Jewish Committee. Anti-defama- and Families, National Women’s Conference, under a plea agreement and he will be tion League, Buddhist Peace Fellowship, National Women’s Committee, National eligible for parole in 25 years. His vic- Catholics for a Free Choice, Church Women Women’s Law Center, Northwest Women’s tim did not live long enough to see his United, The Episcopal Church, Hadassah, Law Center, Sargent Shriver National Cen- 20th birthday. If the defendant had Hindu American Foundation, The Interfaith ter on Poverty Law, The Women’s Institute been charged with a Federal hate Alliance, Jewish Council for Public Affairs, for Freedom of the Press, Washington Teach- Jewish Women International, Muslim Public ers Union, Women Employed, Women’s Law crime, he could have received a life Affairs Council, NA’AMAT USA, National Center of Maryland, Women’s Research and sentence. If the prosecutor had greater Council of Churches of Christ, National Education Institute, YWCA USA. aid for his investigation under the pro- Council of Jewish Women, North American 28. Excerpts of Support for the Hate Crime posed legislation, he could have had a Federation of Temple Youth, Presbyterian Prevention Act of 2007. stronger case against the defendant Church USA, Sikh Council on Religion and 29. General List of Supporting Organiza- and prosecuted him more effectively. Education, United Church of Christ Justice tions 2007. In October 2002, two deaf girls in and Witness Ministries, Union for Reform Mr. BAYH. Mr. President, like acts of Somerville, MA—one of whom was Judaism, United Methodist Church General terrorism, hate crimes have an impact Board of Church and Society, Unitarian Uni- far greater than the impact on the in- wheelchair bound due to cerebral versalist Association of Congregations, palsy—were harassed and sexually as- United Synagogues of Conservative Judaism dividual victim. They are crimes saulted by four suspected gang mem- and Women of Reform Judaism. against entire communities, the whole bers in a local park. Although the al- 26. Group Letter: Consortium for Citizens Nation, and the ideals of liberty and leged perpetrators were charged in the with Disabilities: Alexander Graham Bell As- justice upon which America was found- incident, the assaults could not be sociation for the Deaf and Hard of Hearing, ed. charged as hate crimes because there is American Association on Health and Dis- First enacted nearly 40 years ago no Federal protection for hate crimes ability, American Association on Intellec- after the assassination of Martin Lu- tual and Developmental Disabilities, Amer- ther King, Federal hate crime laws against disabled individuals. ican Association on Mental Retardation, These examples graphically illus- American Association of People with Dis- have provided an important basis for trate the senseless brutality that our abilities, American Council of the Blind, prosecuting those who commit violent fellow citizens face simply for being American Counseling Association, American acts against another due to the per- who they are. They also highlight the Dance Therapy Association, American Med- son’s race, color, religion or national importance of passing this legislation, ical Rehabilitation Providers Association, origin. which is long overdue. The vast major- American Music Therapy Association, Amer- Current law, however, makes it un- ity of us in Congress have recognized ican Network of Community Options and Re- necessarily difficult to investigate and sources, American Occupational Therapy As- prosecute these and other insidious the importance of this legislation since sociation, American Psychological Associa- it was first introduced—nearly 10 years tion, American Therapeutic Recreation As- hate crimes. Consequently, the time ago. This year, we have an opportunity sociation, American Rehabilitation Associa- has come to remove some of these hur- to pass it in both the Senate and the tion, Association of Tech Act Projects, Asso- dles and to expand the scope of Federal House, and enact it into law. Let’s ciation of University Centers of Disabilities, law so Americans who fall victim to make the most of this opportunity, and Autism Society of America, Bazelon Center hate crimes can receive protection do all we can to end these senseless for Mental Health Law, Council for Learning under Federal law. crimes. Disabilities, Council of State Administrators That is why I have cosponsored the I ask unanimous consent to print in of Vocational Rehabilitation, Easter Seals, Local Law Enforcement Hate Crimes Epilepsy Foundation, Hellen Keller National Act of 2007, a bipartisan bill with broad the RECORD this list of organizations Center, Learning Disabilities Association of who support the Matthew Shepard bill. America, National Alliance on Mental Ill- political support that has been en- There being no objection the mate- ness, National Association of Councils on De- dorsed by 210 law enforcement, civil rial was ordered to be printed as fol- velopmental Disabilities, National Coalition rights, civic, and religious organiza- lows: on Deaf-Blindness, National Disability tions. 1. American-Arab Anti-Discrimination Rights Network, National Down Syndrome The bill will strengthen the ability of Committee. Society, National Fragile X Foundation, Na- Federal, State, and local governments 2. American Association of University tional Rehabilitation Association, National to investigate and prosecute hate Women. Respite Coalition, National Structured Set- crimes based on race, ethnic back- 3. American Civil Liberties Union. tlement Trade Association, NISH, Paralyzed Veterans of America, Research Institute for ground, religion, gender, sexual ori- 4. American Jewish Committee. entation, disability, and gender iden- 5. American Psychological Association. Independent Living, School Social Work As- 6. Anti-Defamation League. sociation of America, Spina Bifida Associa- tity. 7. Asian American Justice Center. tion, The Arc of the United States, United The bill will also provide grants to 8. Center for the Study of Hate and Extre- Cerebral Palsy, United Spinal Association, help State and local governments meet mism. World Institute on Disability. the extraordinary expenses involved in 9. Human Rights Campaign. 27. Group Letter: National Partnership for hate crime cases. 10. Interfaith Alliance. Women and Families: 9to5 Bay Area, 9to5 This bill, while adding to Federal au- 11. International Association of Chiefs of Colorado, 9to5 Poverty Network Initiative thority, properly leaves with the State Police. (Wisconsin), 9to5 National Association of 12. Japanese American Citizens League. Working Women, AFL–CIO Department of or local law enforcement officials the 13. Jewish Council for Public Affairs. Civil, Human and Women’s Rights, American primary responsibility of protecting 14. Leadership Conference on Civil Rights. Association of University Women, Atlanta citizens against crimes of violence. The 15. Matthew Shepard Foundation. 9to5, Break the Cycle, Coalition of Labor bill authorizes actual Federal prosecu- 16. National Association for the Advance- Union Women, Colorado Coalition Against tions only when a State does not have ment of Colored People. Sexual Assault (CCASA), Communications jurisdiction, when a State asks the 17. National Council of Jewish Women. Workers of America AFL–CIO, Demo- Federal Government to take jurisdic- 18. National District Attorneys Associa- crats.com, Equal Rights Advocates, Feminist tion, or when a State fails to act. It is tion. Majority, Gender Public Advocacy Coalition, 19. National Sheriffs’ Association. Gender Watchers, Hadassah the Women’s Zi- a Federal back-up for State and local 20. People for the American Way. onist Organization of America, Legal Mo- law enforcement. 21. Religious Action Center of Reform Ju- mentum, Los Angeles 9to5, NA’AMAT USA, While State and local governments daism. National Abortion Federation, National should continue to have the primary

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8774 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 responsibility for investigating and tion has been apparent for years as are criminalizing evil thoughts. We are prosecuting hate crimes, an expanded hate crimes know no State borders only criminalizing action—harmful and Federal role is necessary to ensure an and—in part because their impacts violent action that cuts against our so- adequate and fair response in all cases. often affect the very fabric of our soci- ciety and against the very meaning of The Federal Government must have ju- ety—they are a problem that affects all what it is to be an American. Congress risdiction to address those limited, but Americans. and local law enforcement are not be- important cases in which local authori- This act sends the message that we coming the ‘‘thought-police.’’ Rather, ties are either unable or unwilling to will not tolerate acts of aggression and we are criminalizing the violent ac- investigate and prosecute. violence towards targeted communities tions of closed-minded and hateful in- Failure to pass Federal hate crimes or individuals who become victims of dividuals. legislation would signify our failure as violence merely for being themselves. In today’s society, we see all too fre- a nation to accord each of our citizens Perpetrators of this type of violence quently violence based on the person’s the respect and value they deserve. will now be subject to Federal prosecu- race, religion, sexual orientation, or According to FBI statistics, 27,432 tion under this act. Before we had to other characteristics. We must act to people were victims of hate-motivated rely on the States to act, and some address these injustices. This is not violence over the last three years. simply have failed to do enough to about special rights to any particular That’s an average of over 9,100 people stem this type of criminal behavior. group. Actually, it is quite the con- per year, with nearly 25 people being This act recognizes that hate crimes trary. This is about equal rights. This victimized every day of the year, based have national consequences and are not is about going after those individuals on their race, religion, sexual orienta- mere localized occurrences. who act on their harmful beliefs. By tion, ethnic background, or disability. Put simply, a hate crime tends to im- committing hate crimes, they are at- But it is estimated that the vast ma- pact an entire community, as opposed tempting to relegate certain people to jority of hate crimes goes unreported. to being limited to the victim or the second-class citizenship. They think Survey data from the biannual Na- victim’s family. It is a crime against a they can do this through violence. But tional Crime Victimization Survey particular group, and must be treated they are wrong, and this legislation is suggests that an average of 191,000 hate as such. In essence, there are two a forceful statement that this country crime victimizations take place per crimes—one against he victim, and one will not tolerate this behavior. year. against the victim’s group or commu- The victims of these crimes have While hatred and bigotry cannot be nity. Some have asked, ‘‘But aren’t all done nothing to bring on this violence. eradicated by an act of Congress, as a crimes based on hate?’’ No, they are Because of these crimes, the victims’ nation, we must send a strong, clear, not. Hate crimes are unique because communities frequently live in fear. moral response to these cowardly acts they cut at the very fabric of our na- Unfortunately, these crimes are not of violence. I believe that the Federal tional values; they undermine shared few and far between. These crimes are Government must play a leadership principles like tolerance and equal pro- all too common, and when committed, role in confronting criminal acts moti- tection under the law, and in so doing, they send a shockwave that can be felt vated by prejudice. harm us all. It is the responsibility of across the country. Matthew Shepard All Americans have a stake in re- the Federal Government to address and James Byrd are just two of the sponding decisively to violent bigotry. this issue and arm prosecutors with the many thousands of victims of hate We must pull together to combat igno- tools they need to seek justice, pro- crimes whose deaths horrified this rance and hatred. The devastation mote order and provide all American country. Additionally, we mustn’t for- caused by hate crimes impacts the vic- with equal protection under the law. get the thousands of loyal and patri- tims, members of his or her family, as The framework of the Constitution otic Americans, who after 9/11, were at- well as entire communities, and the provides a sound basis for our actions tacked by ruthless thugs, all because Nation as a whole. today—both the Commerce Clause and they ‘‘looked’’ like—or were—Muslims I am reminded of the great wisdom of the Thirteenth Amendment are impli- or Arab Americans. We saw many of Martin Luther King, ‘‘Darkness cannot cated by these crimes. The effects of these attacks in New York, and let me drive out darkness; only light can do hate crimes do not end at a State’s bor- say, those attacks were not just a New that. Hate cannot drive out hate; only der, but rather transcend those bor- York problem, they were an American problem. Every State experienced simi- love can do that. Hate multiplies hate, ders. These crimes implicate a citizen’s lar violence in the months after 9/11, violence multiplies violence, and ability to move and travel freely. Addi- and that is one reason why Federal leg- toughness multiplies toughness in a de- tionally, violence based on someone’s islation is appropriate. scending spiral of destruction. The race, religion, sexual orientation, or The Act not only makes hate crimes chain reaction of evil—hate begetting the other characteristics noted in the a Federal crime, but it also serves to hate, wars producing wars—must be act are reminiscent of the ultimate benefit local police departments as broken, or we shall be plunged into the hate crime—slavery. As such, the 13th well, considering they are the front dark abyss of annihilation.’’ Strength Amendment allows for Federal action line of defense and prevention. This to Love, 1963. to remedy this problem. The courts Act delivers much needed financial as- I urge my colleagues to stand up have ruled time and time again that sistance to local police departments against ignorance and intolerance and discrimination in housing and dis- who may be struggling to deal with the vote for the Local Law Enforcement crimination in contractual agreements crimes. It will also assist them in help- Hate Crimes Prevention Act. could be remedied through Federal ing the community which they protect. Mr. SCHUMER. Mr. President, I am statutes promulgated under the au- The point is, that we should be pro- proud to be a co-sponsor of the Local thority of the Thirteenth Amendment. tecting communities who are targets of Law Enforcement Hate Crimes Preven- It matters not what the discrimination this shameful violence, and this Act tion Act of 2007, and I commend my is based on, what matters is the, dis- today marks a great step in that direc- friend and colleague, Senator KENNEDY, crimination itself. In an attempt to rid tion. I urge all of my colleagues to vote for his leadership and determination on the last vestiges of slavery from our so- for this Act and look forward to work- this issue. We have tried for the better ciety, the courts have allowed the 13th ing with you all to see this Act gets half of a decade to get this legislation Amendment to be the basis of such leg- passed and signed into law. passed, signed, and enacted into law. islation. Today represents our strongest effort Let us be very clear, we are not crim- By Mr. SMITH (for himself, Mr. to date, and it is long past time that inalizing speech. Violent acts against BINGAMAN, Mr. NELSON of Flor- crimes based on hate be recognized and an African American, a woman, or a ida, Mrs. CLINTON, Ms. COLLINS, criminalized under Federal law. The Sikh because of who they are do not Mrs. LINCOLN, Mrs. BOXER, and need for Federal hate crimes legisla- constitute free expression. Nor are we Mr. KERRY):

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8775 S. 1107. A bill to amend title XVIII of receive a subsidy from the government inequity in Medicare Part D, it is po- the Social Security Act to reduce cost- to pay the benefit’s required $250 de- tentially restricting access to life-sav- sharing under part D of such title for ductible. These individuals also qualify ing medications. This is not what Con- certain non-institutionalized full-ben- for reduced copayments for both ge- gress intended. I believe we need to do efit dual eligible individuals; to the neric and brand named drugs in the everything possible to support choice Committee on Finance. amount of one and three dollars respec- in long-term care, and by applying the tively. If a dual-eligible beneficiary re- current institutional copayment ex- By Mr. SMITH (for himself, Mr. ceives long-term care services in an in- emption more uniformly, Congress will BINGAMAN, Ms. SNOWE, Mrs. stitutional setting, such as a nursing ensure the Medicare drug benefit does LINCOLN, and Mr. KERRY): home, he or she is exempt from paying not adversely affect beneficiaries’ S. 1108. A bill to amend title XVIII of the required copayment. Congress de- choices. the Social Security Act to provide a cided to provide this assistance because The second measure I am introducing special enrollment period for individ- dual-eligible beneficiaries residing in today is based upon a bill I filed last nursing homes live off of very limited uals who qualify for an income-related year. That legislation sought to pro- incomes. For instance, in Oregon the subsidy under the Medicare prescrip- vide beneficiaries applying for LIS personal needs allowance beneficiaries tion drug program and to provide fund- extra time to enroll into Part D if they receive each month for incidentals, in- ing for the conduct of outreach and had not received notification of their education with respect to the premium cluding medications, is only $30. As many institutionalized beneficiaries eligibility status by the time an open and cost-sharing subsidies under such enrollment period ended. The bill also program, and for other purposes; to the are on multiple medications, they would not be able to meet their share would have also waived the late enroll- Committee on Finance. ment penalty assessed to all bene- Mr. SMITH. Mr. President, today I of drug costs. ficiaries who enroll outside of an en- am proud to join my colleague, Senator This is the very reason Congress pro- rollment period. Fortunately, CMS en- BINGAMAN, to introduce a package of vided institutionalized dual-eligible acted an administrative solution to four bills aimed at helping seniors get beneficiaries with an exemption from this problem, and allowed all LIS eligi- the assistance they need with their all copayments under Medicare Part D. ble beneficiaries to enroll into Medi- Medicare prescription drug costs. Thir- However, many dual-eligible bene- care Part D at any point during 2006, ty-nine million individuals now have ficiaries choose to receive long-term and later extended that policy into access to affordable prescription drug care services in home or community- 2007. therapies through Medicare Part D, based settings, such as assisted living many for the very first time. But low- or resident care program facilities. Al- Now that Medicare Part D is fully income beneficiaries still are experi- most all states have chosen to estab- implemented and policymakers have encing difficulties taking full advan- lish Home and Community Based Serv- had an opportunity to assess how well tage of the program’s benefits. I be- ices (HCS) Medicaid demonstration the program is working, I believe that lieve the bipartisan package of legisla- projects that have expanded access to the administrative actions taken by tion we have developed will go a long community based alternatives to an CMS last year to create a special en- way to removing programmatic bar- even greater number of low-income el- rollment period for LIS beneficiaries riers that are limiting seniors from derly Americans. The State of Oregon should be made permanent. The Medi- getting the help we intended them to operates one of the Nation’s most suc- care Part D Outreach Enrollment En- have when we created Medicare Part D cessful HCS waivers, serving an aver- hancement Act of 2007 does just that. It Prescription Drug Program. age of 23,500 dual-eligible beneficiaries would create a 90-day special enroll- The low-income subsidy (LIS) is one each year. My state has a thriving ment period for any beneficiary who of the best features of Medicare’s new community based care industry that applies and is approved for the LIS at prescription drug benefit. Over the past has provided many dual-eligible Orego- any point during the year. It also nians the freedom to choose the care few years, I have conducted extensive would allow them to undergo a facili- setting that best meets their own phys- oversight of the program’s implemen- tated enrollment process overseen by ical and social needs. tation, especially through my work as CMS, so they get the help they need to While dual-eligible beneficiaries are select a prescription drug plan that Chairman and now Ranking Member of exempted from prescription drug co- the Special Committee on Aging. best meets their needs. payments under Medicare Part D, Additionally, the bill exempts low-in- Through hearings and staff-level inves- those choosing community-based alter- tigations, I have identified a number of come beneficiaries from Medicare Part natives are required to pay them. This D’s late enrollment penalty. While an concerns with both the administration is despite the fact that beneficiaries and the overall effectiveness of Medi- enrollment penalty can be an effective choosing community based care op- means of helping drug plans better as- care Part D’s LIS. The Centers for tions typically live off of the same lim- sess their risk in a given period, it is Medicare and Medicaid Services (CMS) ited incomes as those residing in nurs- not fair to ask our low-income sen- and the Social Security Administra- ing homes. While some states provide iors—many who struggle with a num- tion (SSA) have made a great deal of HCS beneficiaries’ a larger personal ber of challenging healthcare prob- progress to ensure that the benefit is stipend each month, many may have lems—to pay a higher cost simply be- working well for all beneficiaries. But greater financial demands. At the end cause they need additional time to en- their efforts can only go so far. Ulti- of the day, they are in no better posi- roll in the program. Selecting a pre- mately, it is Congress’ responsibility to tion to pay the costs of prescription scription drug plan can be a chal- ensure that all low-income seniors who drugs than those beneficiaries living in lenging feat, and it can be even more have difficulty paying their prescrip- nursing homes. tion drugs costs get the help they need. I also should note that their less re- complicated if you are trying to make Two of the four bills that Senator strictive living environments may re- your limited income stretch as far as it BINGAMAN and I are filing today are quire them to take additional medica- can. We need to guarantee that bene- based upon initiatives that I intro- tions to support their daily routines. It ficiaries have sufficient time to choose duced during the 109th Congress. The is not uncommon for dual-eligible the most affordable plan that also first is a measure that would create beneficiaries in community-based care meets all their prescription drug needs. parity in the cost-sharing charged settings to be on 8 to 10 medications at The measure also would create a new beneficiaries living in nursing homes a given time. At that level, even mini- authorization to support the valuable and assisted living facilities. Under mal copayments create a significant fi- work of State Health Insurance Pro- current law, dual-eligible Medicare nancial burden to these individuals. grams (SHIPs). SHIPs provide a range beneficiaries, those who qualify for The current dual-eligible copayment of services to our nation’s seniors, such both Medicaid and Medicare coverage, exemption policy not only is creating as help choosing a quality prescription

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8776 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 drug plan, applying for financial assist- service providers like community process for data exchange that already ance with their drug costs and resolv- health centers and ADAP have been exists between the IRS and SSA so ing general problems experienced with forced to provide discounted medica- that SSA can more efficiently conduct the drug benefit. Unfortunately, fund- tions to low-income beneficiaries dur- its outreach work for Medicare Part ing for SHIPs has not kept pace with ing the coverage gap, especially when D’s low-income subsidy. the number of beneficiaries that age the beneficiary has no way of accruing The bill also seeks to make the LIS into Medicare each year. To remedy enough out-of-pocket costs for their application easier for seniors to com- that, my bill creates a new authoriza- Part D coverage to resume. plete. I have heard a number of com- tion that increases funding in conjunc- The bill Senator BINGAMAN and I are plaints that the current form uses con- tion with growth in enrollment. The filing today resolves both these prob- fusing verbiage and is overly burden- bill also provides funding for the new lems. It would allow safety net pro- some in its reporting requirements. As National Center of Senior Benefits and viders’ drug costs to count toward a a remedy, we eliminate the reporting Outreach, created in the Older Ameri- beneficiary’s out-of-pocket costs so of retirement account balances, the cans Act last year. The Center is they are able to reach Medicare Part face value of life savings policies and charged with developing ways to assist D’s catastrophic benefit at some point. in-kind contributions. This not only organizations like SHIPs to better tar- This will ensure that low-income bene- will make the form easier to complete, get their efforts so that all seniors are ficiaries have access to the full range it will prevent seniors from the pres- fully aware of the benefits that might of coverage under the program and will sure of having to determine whether be available to them. provide much needed fiscal relief to al- they should sacrifice their retirement The next bill in the package we are ready strained safety net providers. income or long-term risk protection in filing today addresses a problem low- Congress intended for all bene- order to pay their healthcare bills. I income seniors encounter if and when ficiaries—especially those with limited believe we need to be encouraging sen- they enter into the drug benefit’s cov- incomes—to have full access to the iors to save for their later years in life, erage gap. While beneficiaries still benefits through Medicare Part D. This not requiring them to liquidate their have access to medications through bill will guarantee that happens. futures to fill their prescriptions. their drug plans during the coverage Despite the progress we have made in In order to make the LIS benefit gap, they may have to pay more for providing low-income seniors access to more accurately reflect the assets and them. For those living on fixed in- affordable prescription drugs, I find it resources low-income seniors possess, comes, this could present a serious troubling that recent estimates still our bill also proposes raising the cur- problem as the out-of-pocket cost of show that there may be at least three rent asset test limit to $27,500 for an many common prescription drugs can million seniors eligible for the low-in- individual and $55,000 for a couple. Ac- be quite steep. Fortunately, many safe- come subsidy who have yet to apply for cording to data from the SSA, this in- ty-net programs, like community it. While CMS, SSA and their commu- crease should help capture almost 40 health centers and the AIDS Drug As- nity partners continue their vital out- percent of the individuals who are in- sistance Program (ADAP), provide as- reach to capture these seniors, I be- eligible for the LIS benefit due to ex- sistance to eligible low-income bene- lieve the existing LIS application is cess resources, and 50 percent of the ficiaries during the coverage gap. Ef- too complex and is preventing seniors couples. I realize this can be a sensitive fectively, they fill the role of the drug from getting the help they need. We issue for some of my colleagues—espe- plan in providing beneficiaries access need a simpler process that better re- cially on my side of the aisle. We want to their medications at a heavily sub- flects the true levels of assets and re- to ensure that only those beneficiaries sidized cost. sources held by low-income seniors. who truly are in need of help with their This scenario presently works well The last bill in the package I am fil- drug are eligible for government assist- for a number of low-income bene- ing today does just that. The Part D ance. But, I also believe that we can be ficiaries, but it is simply unsustainable Equity for Low-Income Seniors Act is too heavyhanded and prevent those in the long-run for two key reasons. the product of months of bipartisan with legitimate need from getting it. First, from the perspective of bene- collaboration with representatives of The new asset/resource limits Senator ficiaries, it is not right to ask them to groups like AARP, the National Coun- BINGAMAN and I have proposed rep- continue paying premiums to their cil on Aging and Families USA. It aims resent a good, bipartisan solution to drug plans during the coverage gap to help SSA better target potentially the problem. I know many would like when they are unable to generate suffi- eligible beneficiaries and make the ap- to see the full asset test repealed, but cient out-of-pocket expenses to qualify plication process much simpler to com- this year that may be a difficult feat to for the program’s catastrophic benefit. plete. accomplish politically and financially. Many low-income beneficiaries who get First, drawing from a recommenda- This is a reasonable step forward, one ‘‘caught’’ in the coverage gap struggle tion from the Health and Human Serv- the advocates support. I hope my col- with significant health problems, such ices Office of Inspector General, SSA is leagues will as well. as cancer or HIV/AIDS. These condi- given the authority to use select tax I believe that the Medicare Prescrip- tions often require costly treatment information to help determine which tion Drug Program is working for that a low-income beneficiary would Medicare beneficiaries might be eligi- America’s seniors and that we should likely have to forge without the assist- ble for extra help with their drug costs. not undertake a significant overhaul of ance of a safety-net provider. With this data, they would be able to the new benefit in this Congress. How- Second, the current scenario is plac- more efficiently contact beneficiaries ever, there is room for improvement, ing a disadvantageous strain on the and prescreen them for potential eligi- especially in regard to making the pro- safety-net programs that assist low-in- bility. I realize that some of my col- gram work better for America’s low-in- come beneficiaries with their drug leagues might have privacy concerns come seniors. I firmly believe that if costs during the coverage gap. One of with such an arrangement, but I want Congress does not address some of the primary reasons Medicare Part D to make clear that my bill is not giv- these lingering problems this year, was created was to provide relief to ing SSA access to any data that they Medicare’s long-term public image states and other safety-net providers already do not have. In order to imple- could be severely tarnished in the eyes who bore a lion’s share of the responsi- ment the Part B subsidy adjustment, of the very people it was created to bility of providing access to drug the Medicare Modernization Act re- serve. therapies for the Nation’s seniors. quires that the Internal Revenue Serv- One can learn a great deal about the While Part D has gone a long way to ice (IRS) send tax data to the SSA— character of a society by looking at fulfill that intention, there is still they are legally prohibited from using how well it cares for its poor and vul- much that can be done to help our safe- it for any other purpose than Part B. nerable citizens. I believe my four bills ty-net providers. It is not right that We simply are establishing the same that improve upon how Medicare Part

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8777 D serves low-income beneficiaries will SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDI- tled to benefits, or enrolled, under part A of help cement the United States as a VIDUALS ELIGIBLE FOR AN INCOME- title XVIII of the Social Security Act, or en- RELATED SUBSIDY. rolled under part B of such title during the country that looks out for its citizens (a) SPECIAL ENROLLMENT PERIOD.—Section in need. I hope my colleagues will join fiscal year (as determined by the Secretary 1860D–1(b)(3) of the Social Security Act (42 of Health and Human Services, based on the me in supporting the full package and U.S.C. 1395w–101(b)(3)) is amended by adding most recent available data before the begin- assist me in moving it through the at the end the following new subparagraph: ning of the fiscal year) to be used to provide process. ‘‘(F) ELIGIBILITY FOR LOW-INCOME SUB- additional grants to State Health Insurance SIDY.— I ask unanimous consent that the Assistance Programs (SHIPs) to conduct out- ‘‘(i) IN GENERAL.—Subject to clause (iii), in text of these bills be printed in the reach and education related to the Medicare the case of an applicable individual (as de- program under such title. RECORD. fined in clause (ii)). (2) NATIONAL CENTER ON SENIOR BENEFITS ‘‘(ii) APPLICABLE INDIVIDUAL DEFINED.—For There being no objection, the bills OUTREACH AND ENROLLMENT.— purposes of this subparagraph, the term ‘ap- were ordered to be printed in the (A) IN GENERAL.—There are appropriated RECORD, as follows: plicable individual’ means a part D eligible $4,000,000 to the National Center on Senior individual who is determined to be a subsidy- S. 1107 Benefits Outreach and Enrollment estab- eligible individual (as defined in section lished under section 202(a)(20)(B) of the Older Be it enacted by the Senate and House of Rep- 1860D–14(a)(3)), including such an individual Americans Act of 1965 (42 U.S.C. resentatives of the United States of America in who was enrolled in a prescription drug plan 3012(a)(20)(B)) to be used to provide outreach Congress assembled, or an MA–PD plan on the date of such deter- and enrollment assistance with respect to mination. SECTION 1. SHORT TITLE. premium and cost-sharing subsidies under ‘‘(iii) TIMING OF SPECIAL ENROLLMENT PE- the Medicare prescription drug program This Act may be cited as the ‘‘Home and RIOD.—The special enrollment period estab- Community Services Copayment Equity Act under part D of title XVIII of the Social Se- lished under this subparagraph shall be for a curity Act (42 U.S.C. 1395w–101 et seq.). of 2007’’. 90-day period beginning on the date the ap- (B) COORDINATION.—The National Center on SEC. 2. ELIMINATION OF PART D COST-SHARING plicable individual receives notification of Senior Benefits Outreach and Enrollment FOR CERTAIN NON-INSTITUTIONAL- such determination.’’. shall coordinate outreach and enrollment as- IZED FULL-BENEFIT DUAL ELIGIBLE (b) ENROLLMENT PROCESS FOR SUBSIDY-ELI- sistance conducted under subparagraph (A) INDIVIDUALS. GIBLE INDIVIDUALS ELIGIBLE FOR SPECIAL EN- with activities conducted by State Health (a) IN GENERAL.—Section 1860D– ROLLMENT PERIOD.—Section 1860D–1(b)(1) is Insurance Assistance Programs (SHIPs) and 14(a)(1)(D)(i) of the Social Security Act (42 amended by adding at the end the following other appropriate entities that conduct out- U.S.C. 1395w–114(a)(1)(D)(i)) is amended— new subparagraph: reach and education related to such premium (1) in the heading, by striking ‘‘INSTITU- ‘‘(D) SPECIAL RULE FOR SUBSIDY-ELIGIBLE and cost-sharing subsidies. INDIVIDUALS ELIGIBLE FOR SPECIAL ENROLL- TIONALIZED INDIVIDUALS.—In’’ and inserting (b) ENCOURAGING STATES TO DIRECT SUB- MENT PERIOD.—The process established under ‘‘ELIMINATION OF COST-SHARING FOR CERTAIN SIDY-ELIGIBLE INDIVIDUALS TO ORGANIZATIONS subparagraph (A) shall include, in the case of FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS.— PROVIDING ASSISTANCE.— an applicable individual (as defined in clause ‘‘(I) INSTITUTIONALIZED INDIVIDUALS.—In’’; (1) IN GENERAL.—The Secretary of Health and (ii) of paragraph (3)(F)) the following: and Human Services shall encourage States (2) by adding at the end the following new ‘‘(i) FACILITATED ENROLLMENT.—During the to direct applicable individuals to appro- subclauses: 90-day period described in clause (iii) of such priate organizations and entities that pro- ‘‘(II) CERTAIN OTHER INDIVIDUALS.—In the paragraph, a process for the facilitated en- vide assistance with respect to— case of an individual who is a full-benefit rollment of the individual in the prescription (A) applying for premium and cost-sharing dual eligible individual and who is a resident drug plan or MA–PD plan that is most appro- subsidies under section 1860D–14 of the Social of a facility described in subclause (III) or priate for such individual (as determined by Security Act (42 U.S.C. 1395w–114); and who is receiving home and community-based the Secretary). At the end of such 90-day pe- (B) enrolling in a prescription drug plan or services in a home setting provided under a riod, the individual shall be enrolled in such an MA–PD plan under part D of title XVIII of home and community-based waiver approved plan unless the individual declines enroll- the Social Security Act (42 U.S.C. 1395w–101 for the State under section 1915 or 1115, the ment in the plan or in the program under et seq.). this part, or chooses to enroll in another elimination of any beneficiary coinsurance (2) APPLICABLE INDIVIDUALS DEFINED.—In described in section 1860D–2(b)(2) (for all plan selected by the individual prior to the this subsection, the term ‘‘applicable indi- amounts through the total amount of ex- end of such 90-day period. vidual’’ means an individual the State be- penditures at which benefits are available ‘‘(ii) ONE-TIME CHANGE OF ENROLLMENT.— lieves to be, or determines to be, eligible for under section 1860D–2(b)(4)). The opportunity to change enrollment with premium and cost-sharing subsidies under ‘‘(III) FACILITY DESCRIBED.—For purposes of a prescription drug plan or an MA–PD plan section 1860D–14 of the Social Security Act subclause (II), a facility described in this not less than once during a plan year. Noth- (42 U.S.C. 1395w–114). ing in the previous sentence shall limit the subclause is— SEC. 4. SCREENING BY COMMISSIONER OF SO- ‘‘(aa) an assisted living facility or a resi- ability of a part D eligible individual who is CIAL SECURITY FOR ELIGIBILITY dent care program facility (as such terms are a full-benefit dual eligible individual (as de- UNDER MEDICARE SAVINGS PRO- defined by the Secretary); fined in section 1935(c)(6)) to change enroll- GRAMS. ‘‘(bb) a board and care facility (as defined ment under subparagraph (C)’’. (a) IN GENERAL.—Section 1860D– in section 1903(q)(4)(B)); or (c) WAIVER OF LATE ENROLLMENT PEN- 14(a)(3)(B)(i) of the Social Security Act (42 ‘‘(cc) any other facility that is licensed or ALTY.—Section 1860D–13(b) of the Social Se- U.S.C. 1395w–114(a)(3)(B)(i)) is amended by in- certified by the State and is determined ap- curity Act (42 U.S.C. 1395w–113(b)) is amend- serting after the first sentence the following: propriate by the Secretary, such as a com- ed by adding at the end the following new ‘‘As part of making an eligibility determina- munity mental health center that meets the paragraph: tion under the preceding sentence for an in- requirements of section 1913(c) of the Public ‘‘(8) WAIVER OF PENALTY FOR SUBSIDY-ELIGI- dividual, the Commissioner shall screen for Health Service Act, a psychiatric health fa- BLE INDIVIDUALS.—In no case shall a part D the individual’s eligibility for medical assist- cility, a mental health rehabilitation center, eligible individual who is determined to be a ance for any medicare cost-sharing described and a mental retardation developmental dis- subsidy-eligible individual (as defined in sec- in section 1905(p)(3) and, if the screening in- ability facility.’’. tion 1860D–14(a)(3)) be subject to an increase dicates the individual is likely eligible for in the monthly beneficiary premium estab- (b) EFFECTIVE DATE.—The amendments any such medicare cost-sharing, transmit made by subsection (a) shall apply to drugs lished under subsection (a).’’. the pertinent information to the appropriate (d) EFFECTIVE DATE.—The amendments dispensed on or after the date of enactment State Medicaid agency for the determination made by this section shall take effect on of this Act. of eligibility and enrollment of the indi- January 1, 2008. vidual for such medicare cost-sharing under SEC. 3. OUTREACH AND EDUCATION FOR PRE- the State plan (or under a waiver of such S. 1108 MIUM AND COST-SHARING SUB- plan).’’. Be it enacted by the Senate and House of Rep- SIDIES UNDER PART D. (b) EFFECTIVE DATE.—The amendment (a) ADDITIONAL FUNDING FOR OUTREACH AND resentatives of the United States of America in made by this section shall take effect on the ASSISTANCE.— Congress assembled, date of enactment of this Act. TATE HEALTH INSURANCE ASSISTANCE (1) S SEC. 5. ADMINISTRATION ON AGING STUDY AND SECTION 1. SHORT TITLE. PROGRAMS.—There are authorized to be ap- REPORT ON SCREENING PROCESSES This Act may be cited as the ‘‘Medicare propriated for each of fiscal years 2008, 2009, USED BY GOVERNMENT NEEDS- Part D Outreach and Enrollment Enhance- 2010, and 2011, an amount equal to $1 multi- BASED PROGRAMS. ment Act of 2007’’. plied by the total number of individuals enti- (a) STUDY.—

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(1) IN GENERAL.—The Assistant Secretary (6) the Department of State; ment agencies with a shared interest in con- of the Administration on Aging (in this sec- (7) the Department of Commerce; serving endangered species to collaborate on tion referred to as the ‘‘Assistant Sec- (8) the Department of Homeland Security; education information for use in schools; and retary’’) shall conduct a comprehensive (9) the Department of Veterans Affairs; (B) the people of the United States to ob- study of screening processes used by govern- (10) the Department of Labor; serve American Eagle Day with appropriate ment needs-based programs. (11) the Department of Health and Human ceremonies and other activities. (2) MATTERS STUDIED.—In conducting the Services; f study under paragraph (1), the Assistant Sec- (12) the Department of Energy; retary shall— (13) the Department of Housing and Urban SENATE RESOLUTION 147—CON- (A) assess any duplications of effort under Development; GRATULATING THE UNIVERSITY existing screening processes used by govern- (14) the Central Intelligence Agency; and OF TENNESSEE WOMEN’S BAS- ment needs-based programs; (15) the United States Postal Service; KETBALL TEAM FOR WINNING (B) determine the feasibility of creating a Whereas, the bald eagle is an inspiring THE 2007 NCAA DIVISION I WOM- uniform screening process for such needs- symbol of the American spirit of freedom EN’S BASKETBALL CHAMPION- based programs; and democracy; SHIP (C) determine how the Federal govern- Whereas, the image, meaning, and sym- ment, State governments, and community- bolism of the bald eagle have played a sig- Mr. ALEXANDER (for himself and based organizations can better coordinate nificant role in American art, music, his- Mr. CORKER) submitted the following existing screening processes in order to fa- tory, literature, architecture, and culture resolution; which was considered and cilitate the enrollment of seniors into need- since the founding of our Nation; agreed to: based programs; Whereas, the bald eagle is featured promi- S. RES. 147 (D) include a cost-benefit analysis with re- nently on United States stamps, currency, Whereas, on April 3, 2007, before a crowd of spect to creating a uniform screening process and coinage; over 20,000 fans, the University of Tennessee or better streamlining existing screening Whereas, the habitat of bald eagles exists women’s basketball team (the ‘‘Lady Vols’’) processes; and only in North America; defeated the Scarlet Knights of Rutgers by a (E) determine the feasibility of using the Whereas, by 1963, the number of nesting score of 59-46 to win the 2007 National Colle- Internet to administer screening processes, pairs of bald eagles in the lower 48 States giate Athletic Association (NCAA) Division I as well as the costs and benefits of migrating had dropped to about 417; Women’s Basketball Championship; to on online system. Whereas, the bald eagle was first listed as Whereas this championship was the first (b) REPORT.—Not later than 1 year after an endangered species in 1967 under the En- national title for the Lady Vols since their 3- the date of enactment of this Act, the Assist- dangered Species Preservation Act, the Fed- year championship run in 1996-98, and their ant Secretary shall submit a report to Con- eral law that preceded the Endangered Spe- 7th national title in the last 20 years; gress containing the results of the study con- cies Act of 1973; Whereas the Lady Vols were successful due ducted under subsection (a), together with Whereas, caring and concerned citizens of to the leadership of Coach Pat Summitt, the recommendations— the United States in the private and public Nation’s all-time winningest NCAA basket- (1) to streamline and improve the effective- sectors banded together to save, and help en- ball coach (men’s or women’s) with 947 wins ness of screening processes used by govern- sure the protection of, bald eagles; over 33 seasons at the University of Ten- ment needs-based programs; and Whereas, in 1995, as a result of the efforts nessee; (2) for such legislation or administrative of those caring and concerned citizens, bald Whereas Joan Cronan, the Women’s Ath- action as the Assistant Secretary determines eagles were removed from the ‘‘endangered’’ letics Director, has shown vision and leader- appropriate. species list and upgraded to the less imper- ship throughout her 24-year career at the (c) AUTHORIZATION.—There are authorized iled ‘‘threatened’’ status under the Endan- University of Tennessee and created one of to be appropriated such sums as are nec- gered Species Act of 1973; the most visible and respected athletic pro- essary to carry out this section. Whereas, by 2006, the number of bald eagles grams in the country; in the lower 48 States had increased to ap- f Whereas the Lady Vols were undefeated in proximately 7,000 to 8,000 nesting pairs; conference games during the 2006-2007 season SUBMITTED RESOLUTIONS Whereas, the administration is likely to of- and compiled an impressive overall record of ficially delist the bald eagle from both the 34 wins and 3 losses; ‘‘endangered’’ and ‘‘threatened’’ species lists Whereas Candace Parker tallied 17 points, SENATE RESOLUTION 146—DESIG- under the Endangered Species Act of 1973, 7 rebounds, and 3 assists and was selected the with a final decision expected no later than NATING JUNE 20, 2007, AS ‘‘AMER- Most Outstanding Player for the 2007 tour- June 29, 2007; nament, becoming the 5th Lady Volunteer to ICAN EAGLE DAY’’, AND CELE- Whereas, if delisted under the Endangered be so honored, following in the footsteps of BRATING THE RECOVERY AND Species Act of 1973, bald eagles should be Chamique Holdsclaw (1998, 1997), Michelle RESTORATION OF THE AMER- provided strong protection under the Bald Marciniak (1996), Bridgette Gordon (1989), ICAN BALD EAGLE, THE NA- and Golden Eagle Protection Act and the Mi- and Tonya Edwards (1987); TIONAL SYMBOL OF THE UNITED gratory Bird Treaty Act; Whereas Shannon Bobbitt, who at only 5 STATES Whereas, bald eagles would have been per- feet, 2 inches, is the smallest player ever at manently extinct if not for vigilant con- the University of Tennessee, scored 3 deci- Mr. ALEXANDER (for himself, Mr. servation efforts of concerned citizens and sive 3-pointers in the 2nd half, finished the BYRD, Mr. COLEMAN, Mr. KENNEDY, Mr. strict protection laws; game with 13 points, and was named to the ALLARD, Mrs. FEINSTEIN, Mr. CORKER, Whereas, the dramatic recovery of the bald 2007 All-Tournament Team; and Mrs. BOXER) submitted the fol- eagle population is an endangered species Whereas Nicky Anosike had a career high lowing resolution; which was referred success story and an inspirational example of 16 rebounds and was named to the 2007 All- to the Committee on the Judiciary: for other wildlife and natural resource con- Tournament team; servation efforts around the world; Whereas senior Sidney Spencer scored 11 S. RES. 146 Whereas, the initial recovery of the bald points and Alberta Auguste scored 10 points, Whereas, the bald eagle was designated as eagle population was accomplished by the with both players achieving a combined 6 for the national emblem of the United States on concerted efforts of numerous government 6 from the free throw line; June 20, 1782, by our country’s Founding Fa- agencies, corporations, organizations, and Whereas Alexis Hornbuckle played out- thers at the Second Continental Congress; individuals; and standing defense and created energy on the Whereas, the bald eagle is the central Whereas, the sustained recovery of the court; image used in the Great Seal of the United bald eagle population will require the con- Whereas Dominique Redding and Alex States and the seals of the President and tinuation of recovery, management, edu- Fuller also contributed to the team’s vic- Vice President; cation, and public awareness programs, to tory; Whereas, the image of the bald eagle is dis- ensure that the population and habitat of Whereas the 2006-2007 team has an average played in the official seal of many branches bald eagles will remain healthy and secure GPA above 3.0; and and departments of the Federal Government, for future generations: Now, therefore, be it Whereas Coach Pat Summitt’s Lady Vols including— Resolved, That the Senate— continue their remarkable graduation rate, (1) Congress; (1) designates June 20, 2007, as ‘‘American with every student athlete who has com- (2) the Supreme Court; Eagle Day’’; and pleted her eligibility at the University of (3) the Department of Defense; (2) encourages— Tennessee either graduating or working to- (4) the Department of the Treasury; (A) educational entities, organizations, ward all of the requirements for graduation: (5) the Department of Justice; businesses, conservation groups, and govern- Now, therefore, be it

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8779 Resolved, That the Senate— (3) respectfully requests the Secretary of (3) encourages the people of the United (1) congratulates the University of Ten- the Senate to transmit enrolled copies of States to take time to learn about the Pur- nessee women’s basketball team for being this resolution to— ple Heart and the honor, courage, and brav- champions on and off the court and for their (A) the University of Florida for appro- ery it symbolizes. victory in the 2007 NCAA Division I Women’s priate display; f Basketball Championship; (B) the President of the University of Flor- (2) recognizes the significant achievements ida, Dr. J. Bernard Machen; SENATE CONCURRENT RESOLU- of the players, coaches, students, alumni, (C) the Athletic Director of the University TION 27—SUPPORTING THE and support staff whose dedication and hard of Florida, Jeremy Foley; and GOALS AND IDEALS OF ‘‘NA- work helped the University of Tennessee (D) the Head Coach of the University of TIONAL PURPLE HEART REC- Lady Vols win the NCAA championship; and Florida men’s basketball team, Billy Dono- OGNITION DAY’’ (3) respectfully requests the Secretary of van. the Senate to transmit copies of this resolu- Mrs. CLINTON (for herself and Mr. f tion to the following for appropriate dis- HAGEL) submitted the following con- play— SENATE CONCURRENT RESOLU- current resolution; which was referred (A) Dr. John D. Petersen, President of the to the Committee on Armed Services: University of Tennessee; TION 26—RECOGNIZING THE 75TH (B) Dr. Loren Crabtree, Chancellor of the ANNIVERSARY OF THE MILI- S. CON. RES. 27 University of Tennessee, Knoxville; TARY ORDER OF THE PURPLE Whereas the Purple Heart is the oldest (C) Joan Cronan, Women’s Athletics Direc- HEART AND COMMENDING RE- military decoration in the world in present tor; and CIPIENTS OF THE PURPLE use; (D) Pat Summitt, Women’s Basketball HEART FOR THEIR COURAGEOUS Whereas the Purple Heart is awarded in Head Coach. the name of the President of the United DEMONSTRATIONS OF GAL- f States to members of the Armed Forces who LANTRY AND HEROISM ON BE- are wounded in a conflict with an enemy SENATE RESOLUTION 148—COM- HALF OF THE UNITED STATES force or are wounded while held by an enemy MENDING THE UNIVERSITY OF Mrs. CLINTON (for herself and Mr. force as prisoners of war, and is awarded FLORIDA MEN’S BASKETBALL posthumously to the next of kin of members HAGEL) submitted the following con- TEAM FOR WINNING THE 2007 NA- of the Armed Forces who are killed in a con- current resolution; which was referred flict with an enemy force or who die of TIONAL COLLEGIATE ATHLETIC to the Committee on Armed Services: ASSOCATION (NCAA) DIVISION I wounds received in a conflict with an enemy BASKETBALL CHAMPIONSHIP S. CON. RES. 26 force; Whereas the Purple Heart is a combat Whereas the Purple Heart was established Mr. NELSON of Florida (for himself decoration awarded to members of the on August 7, 1782, during the Revolutionary and Mr. MARTINEZ) submitted the fol- Armed Forces who are wounded by an instru- War, when General George Washington lowing resolution; which was consid- ment of war wielded by the enemy; issued an order establishing the Honorary ered and agreed to: Whereas the Purple Heart is awarded post- Badge of Distinction, otherwise known as S. RES. 148 humously to the next of kin in the name of the Badge of Military Merit; Whereas the award of the Purple Heart Whereas, on April 2nd, 2007, the University members of the Armed Forces who are killed ceased with the end of the Revolutionary of Florida men’s basketball team made his- in action or die of wounds received in action; War, but was revived in 1932, the 200th anni- tory with its 84-75 win over the Ohio State Whereas the Purple Heart was originally versary of George Washington’s birth, out of University Buckeyes – becoming only the conceived as the Badge of Military Merit by respect for his memory and military achieve- seventh school to repeat as national cham- General George Washington on August 7, ments; and pions in men’s hoops, and the first team 1782; since Duke University accomplished this Whereas 2007 marks the 225th anniversary Whereas observing National Purple Heart feat in 1991 and 1992, and the first school to of the Badge of Military Merit, the prede- Recognition Day is a fitting tribute to hold national titles in both basketball and cessor of the Purple Heart; George Washington and to the more than football in the same year; Whereas the practice of awarding the Pur- 1,535,000 recipients of the Purple Heart, ap- Whereas, the Gators entered the 2006-2007 ple Heart was revived in 1932, the 200th anni- proximately 550,000 of whom are still living: season as the defending national champions versary of George Washington’s birth, out of Now, therefore, be it and posted a 35-5 win-loss record during their respect for his memory and military achieve- Resolved by the Senate (the House of Rep- second run for the title, finishing the season ments; resentatives concurring), That Congress— with a ten-game winning streak and securing Whereas more than 1,535,000 Purple Hearts (1) supports the goals and ideals of ‘‘Na- the Southeastern Conference Championship, have been awarded to members of the Armed tional Purple Heart Recognition Day’’; in addition to the 2007 NCAA Division I Forces who fought in defense of freedom and (2) encourages all people in the United men’s basketball crown; democracy in World War I, World War II, the States to learn about the history of the Pur- Whereas, Head Coach Billy Donovan joined Korean War, the Vietnam War, Operation ple Heart and to honor its recipients; and elite company as he became one of only four Desert Storm, Operation Enduring Freedom, (3) requests that the President issue a active coaches to win multiple NCAA titles; Operation Iraqi Freedom, and other expedi- proclamation calling on the people of the Whereas, University of Florida junior tionary conflicts; United States to conduct appropriate cere- Corey Brewer was chosen as the Most Out- Whereas approximately 550,000 recipients monies, activities, and programs to dem- standing Player of the Final Four; of the Purple Heart are alive today; onstrate support for members of the Armed Whereas, each player, coach, trainer, and Whereas the organization known as the Forces who have been awarded the Purple manager dedicated his or her time and effort Military Order of the Purple Heart was Heart. to ensuring that the Florida Gators defended formed on October 19, 1932, for the protection f their title and captured a second consecutive and mutual interest of members of the national championship; and Armed Forces who have received the Purple AMENDMENTS SUBMITTED AND Whereas, the families of the players, stu- Heart; and PROPOSED dents, alumni, and faculty of the University Whereas the Military Order of the Purple SA 842. Mr. ALLARD submitted an amend- of Florida, and all of the supporters of the Heart is composed exclusively of recipients ment intended to be proposed by him to the University of Florida, are to be congratu- of the Purple Heart and is the only veterans’ bill S. 372, to authorize appropriations for lated for their commitment to, and pride in, service organization comprised strictly of fiscal year 2007 for the intelligence and intel- the basketball program at the University: combat veterans: Now, therefore, be it ligence-related activities of the United Now, therefore, be it Resolved by the Senate (the House of Rep- States Government, the Intelligence Com- Resolved, That the Senate— resentatives concurring), That Congress— munity Management Account , and the Cen- (1) commends the University of Florida (1) congratulates the Military Order of the tral Intelligence Agency Retirement and Dis- men’s basketball team for winning the 2007 Purple Heart on its 75th anniversary as a na- ability System, and for other purposes; NCAA Division I Basketball Championship; tional organization whose goals are to pre- which was ordered to lie on the table. (2) recognizes the achievements of all of serve and sustain the honor of the Armed the players, coaches, and support staff who Forces; f were instrumental in helping the University (2) commends all recipients of the Purple TEXT OF AMENDMENTS of Florida men’s basketball team win con- Heart for their courageous demonstrations of secutive NCAA Division I Basketball Cham- gallantry and heroism on behalf of the SA 842. Mr. ALLARD submitted an pionships; and United States; and amendment intended to be proposed by

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.001 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8780 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 him to the bill S. 372, to authorize ap- retary of Homeland Security information re- Office Building. The purpose of this propriations for fiscal year 2007 for the garding the name, date of birth, and address hearing is to examine the implementa- intelligence and intelligence-related of the individual, and the name and address tion of the Transportation Worker activities of the United States Govern- of the each person reporting earnings for Identification Credential (TWIC) Pro- that individual. ment, the Intelligence Community ‘‘(B) The information described in subpara- gram. Management Account, and the Central graph (A) shall be provided in an electronic The PRESIDING OFFICER. Without Intelligence Agency Retirement and form agreed upon by the Commissioner and objection, it is so ordered. Disability System, and for other pur- the Secretary for the sole purpose of enforc- COMMITTEE ON ENERGY AND NATURAL poses; which was ordered to lie on the ing the immigration laws. RESOURCES table; as follows: ‘‘(C) The Secretary, in consultation with Mr. ROCKEFELLER. Mr. President, I the Commissioner, may limit or modify the At the end of title V, insert the following: ask unanimous consent that the Com- requirements of this paragraph, as appro- mittee on Energy and Natural Re- SEC. 509. SHARING OF SOCIAL SECURITY DATA priate, to identify the cases posing the high- FOR IMMIGRATION ENFORCEMENT est possibility of fraudulent use of social se- sources be authorized to hold a hearing PURPOSES. curity account numbers related to violation during the session of the Senate on (a) SOCIAL SECURITY ACCOUNT NUMBERS.— of the immigration laws. Thursday, April 12, 2007, at 10 a.m. in Section 264(f) of the Immigration and Na- ‘‘(5)(A) The Commissioner of Social Secu- room SD–366 of the Dirksen Senate Of- tionality Act (8 U.S.C. 1304(f)) is amended to rity shall perform, at the request of the Sec- read as follows: fice Building. The purpose of the hear- retary of Homeland Security, a search or ‘‘(f) Notwithstanding any other provision ing is to receive testimony on S. 987, manipulation of records held by the Commis- of law (including section 6103 of the Internal the Biofuels for Energy Security and sioner if the Secretary certifies that the pur- Revenue Code of 1986), the Secretary of Transportation Act. pose of the search or manipulation is to ob- Homeland Security, the Secretary of Labor, The PRESIDING OFFICER. Without tain information that is likely to assist in and the Attorney General are authorized to identifying individuals (and their employers) objection, it is so ordered. require an individual to provide the individ- who are using false names or social security COMMITTEE ON FINANCE ual’s social security account number for pur- account numbers, who are sharing a single Mr. ROCKEFELLER. Mr. President, I poses of inclusion in any record of the indi- valid name and social security account num- vidual maintained by either such Secretary ask unanimous consent that the Com- ber among multiple individuals, who are or the Attorney General, or of inclusion in mittee on Finance be authorized to using the social security account number of any application, document, or form provided meet during the session of the Senate a person who is deceased, too young to work, under or required by the immigration laws.’’. on Thursday, April 12, 2007, at 10 a.m., or not authorized to work, or who are other- (b) EXCHANGE OF INFORMATION.—Section in G50 Dirksen Senate Office Building, 290(c) of the Immigration and Nationality wise engaged in a violation of the immigra- tion laws. The Commissioner shall provide to hear testimony on ‘‘Filing Your Act (8 U.S.C. 1360(c)) is amended by striking Taxes: An Ounce of Prevention is paragraph (2) and inserting the following the results of such search or manipulation to new paragraphs: the Secretary, notwithstanding any other Worth a Pound of Cure.’’ ‘‘(2)(A) Notwithstanding any other provi- provision law (including section 6103 of the The PRESIDING OFFICER. Without sion of law (including section 6103 of the In- Internal Revenue Code of 1986). objection, it is so ordered. ‘‘(B) The Secretary shall transfer to the ternal Revenue Code of 1986), if earnings are COMMITTEE ON FINANCE Commissioner the funds necessary to cover reported on or after January 1, 1997, to the Mr. ROCKEFELLER. Mr. President, I the costs directly incurred by the Commis- Social Security Administration on a social sioner in carrying out each search or manip- ask unanimous consent that the Com- security account number issued to an alien ulation requested by the Secretary under mittee on Finance be authorized to not authorized to work in the United States, subparagraph (A).’’. meet during the Session of the Senate the Commissioner of Social Security shall (c) FALSE CLAIMS OF CITIZENSHIP OR NA- provide the Secretary of Homeland Security on Thursday, April 12, 2007, at 2:15 p.m., TIONALITY.—Section 212(a)(6)(C)(ii) of the Im- with information regarding the name, date in 215 Dirksen Senate Office Building, migration and Nationality Act (8 U.S.C. of birth, and address of the alien, the name to hear testimony on ‘‘International 1182(a)(6)(C)(ii)) is amended— and address of the person reporting the earn- Perspectives on Alternative Energy (1) in the heading, by inserting ‘‘OR NATION- ings, and the amount of the earnings. Policy: Incentives and Mandates and ALITY’’ after ‘‘CITIZENSHIP’’; and ‘‘(B) The information described in subpara- (2) in subclause (I), by inserting ‘‘or na- their Impacts.’’ graph (A) shall be provided in an electronic tional’’ after ‘‘citizen’’. The PRESIDING OFFICER. Without form agreed upon by the Commissioner and objection, it is so ordered. the Secretary. f COMMITTEE ON FINANCE ‘‘(3)(A) Notwithstanding any other provi- AUTHORITY FOR COMMITTEES TO sion of law (including section 6103 of the In- Mr. ROCKEFELLER. Mr. President, I ternal Revenue Code of 1986), if a social secu- MEET ask unanimous consent that the Com- rity account number was used with multiple COMMITTEES ON ARMED SERVICES AND mittee on Finance be authorized to names, the Commissioner of Social Security VETERANS’ AFFAIRS meet during the Session of the Senate shall provide the Secretary of Homeland Se- Mr. ROCKEFELLER. Mr. President, I on Thursday, April 12, 2007, at 6:40 p.m., curity with information regarding the name, ask unanimous consent that the Com- in 215 Dirksen Senate Office Building, date of birth, and address of each individual mittees on Armed Services and Vet- to consider a substitute to S. 3, the who used that social security account num- ber, and the name and address of the person erans’ Affairs be authorized to meet Medicare Prescription Drug Price Ne- reporting the earnings for each individual during the session of the Senate on gotiation Act of 2007. who used that social security account num- Thursday, April 12, 2007, at 9:30 a.m., in The PRESIDING OFFICER. Without ber. open session to receive testimony on objection, it is so ordered. ‘‘(B) The information described in subpara- the Departments of Defense and Vet- COMMITTEE ON HEALTH, EDUCATION, LABOR, graph (A) shall be provided in an electronic erans Affairs disability rating systems AND PENSIONS form agreed upon by the Commissioner and and the transition from the Depart- Mr. ROCKEFELLER. Mr. President, I the Secretary for the sole purpose of enforc- ment of Defense to the Department of ask unanimous consent that the Com- ing the immigration laws. ‘‘(C) The Secretary, in consultation with Veterans Affairs. mittee on Health, Education, Labor, the Commissioner, may limit or modify the The PRESIDING OFFICER. Without and Pensions be authorized to hold a requirements of this paragraph, as appro- objection, it is so ordered. hearing on equal pay for women work- priate, to identify the cases posing the high- COMMITTEE ON COMMERCE, SCIENCE, AND ers during the session of the Senate on est possibility of fraudulent use of social se- TRANSPORTATION Thursday, April 12, 2007 at 2 p.m. in curity account numbers related to violation Mr. ROCKEFELLER. Mr. President, I SD–628. of the immigration laws. ask unanimous consent that the Com- The PRESIDING OFFICER. Without ‘‘(4)(A) Notwithstanding any other provi- mittee on Commerce, Science, and objection, it is so ordered. sion of law (including section 6103 of the In- ternal Revenue Code of 1986), if more than Transportation be authorized to hold a COMMITTEE ON INDIAN AFFAIRS one person reports earnings for an individual hearing during the session of the Sen- Mr. ROCKEFELLER. Mr. President, I during a single tax year, the Commissioner ate on Thursday, April 12, 2007, at 10 ask unanimous consent that the Com- of Social Security shall provide the Sec- a.m., in room 253 of the Russell Senate mittee on Indian Affairs be authorized

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.002 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8781 to meet on Thursday, April 12, 2007, at April 12, 2007, at 2 p.m. for a hearing ti- DEPARTMENT OF DEFENSE 9:30 a.m. in Room 485 of the Russell tled ‘‘GAO’s Analysis of the Gulf Coast Claude M. Kicklighter, of Georgia, to be In- Senate Office Building to conduct a Recovery: A Dialogue on Removing Ob- spector General, Department of Defense business meeting to consider pending stacles to the Recovery Effort.’’ f legislation, to be followed immediately The PRESIDING OFFICER. Without LEGISLATIVE SESSION by an Oversight Hearing on Tribal Col- objection, it is so ordered. The PRESIDING OFFICER. Under leges and Universities. SUBCOMMITTEE ON SECURITY AND The PRESIDING OFFICER. Without INTERNATIONAL TRADE AND FINANCE the previous order, the Senate will now objection, it is so ordered. Mr. ROCKEFELLER. Mr. President, I return to legislative session. COMMITTEE ON THE JUDICIARY ask unanimous consent that the Sub- f Mr. ROCKEFELLER. Mr. President, I committee on Security and Inter- IRAQI AND AFGHANI ask unanimous consent that the Com- national Trade and Finance be author- TRANSLATORS mittee on the Judiciary be authorized ized to meet during the session of the Mr. REID. Mr. President, I ask unan- to meet to conduct a markup on Thurs- Senate on April 12, 2007, at 2 p.m., to imous consent that the Senate proceed day, April 12, at 10 a.m. in Dirksen conduct a hearing on ‘‘Pirating the to the immediate consideration of S. Room 226. American Dream: Intellectual Property 1104. Agenda Theft’s Impact on America’s Place in The PRESIDING OFFICER. The the Global Economy and Strategies for I. Committee Authorization, Author- clerk will report the bill by title. Improving Enforcement.’’ The legislative clerk read as follows: ization of Subpoenas in Connection The PRESIDING OFFICER. Without A bill (S. 1104) to increase the number of with Investigation into Replacement of objection, it is so ordered. U.S. Attorneys. Iraqi and Afghani translators and inter- II. Bills, S. 236, Federal Agency Data f preters who may be admitted to the United States as special immigrants. Mining Reporting Act of 2007, Feingold, PRIVILEGES OF THE FLOOR Sununu, Leahy, Kennedy, Carin; S. 376, There being no objection, the Senate Mr. ROCKEFELLER. Mr. President, I proceeded to consider the bill. Law Enforcement Officers Safety Act ask unanimous consent that the fol- of 2007, Leahy, Specter, Grassley, Kyl, Mr. REID. Mr. President, I ask unan- lowing staff members of the Intel- imous consent that the bill be read a Sessions, Cornyn; S. 849, OPEN Govern- ligence Committee be given access to ment Act, Leahy, Cornyn, Specter, third time, passed, the motion to re- the floor during consideration of S. 372 consider be laid upon the table, and Feingold; S. 119, War Profiteering Pre- and all pending matters. vention Act of 2007, Leahy, Feinstein, that any statements relating to this Sameer Bhalotra, Randy Bookout, bill be printed in the RECORD. Feingold, Schumer, Durbin; S. 621, Tom Corcoran, Mike Davidson John Wartime Treatment Study Act of 2007, The PRESIDING OFFICER. Without Dickas, Melvin Dubee, Lorenzo Goco, objection, it is so ordered. Feingold, Grassley, Kennedy; S. 798, Evan Gottesman, David Grannis, Chris- Star-Spangled Banner and War of 1812 The bill (S. 1104) was ordered to be tine Healey, Andy Johnson, Dan Jones, engrossed for a third reading, was read Bicentennial Commission Act, Cardin, David Koger, Jack Livingston, John Warner, Kennedy; S. 735, Terrorist the third time, and passed, as follows: Maguire, Paul Matulic, Don Mitchell, S. 1104 Hoax Improvements Act of 2007, Ken- Matt Pollard, Kathleen Rice, Eric Be it enacted by the Senate and House of Rep- nedy, Kyl, Coleman, Schumer; H.R. 740, Rosenbach, Todd Rosenblum, Jac- Preventing Harassment through Out- resentatives of the United States of America in queline Russell, Alissa Starzak, Don Congress assembled, bound Number Enforcement (PHONE) Stone, Greg Thielmann, Louis Tucker, SECTION 1. SPECIAL IMMIGRANT STATUS FOR Act of 2007, Scott, Conyers, Forbes, Jennifer Wagner, Christopher White. CERTAIN ALIENS SERVING AS Boucher, Jackson-Lee, Gutierrez, Sher- I ask further that Ken Johnson, of TRANSLATORS OR INTERPRETERS man. the Committee staff, be given unre- WITH FEDERAL AGENCIES. III. Nominations, Robert Gideon (a) INCREASE IN NUMBERS ADMITTED.—Sec- stricted floor privileges during consid- tion 1059 of the National Defense Authoriza- Howard, Jr., to be United States Mar- eration of S. 372 and related pending shall for the Eastern District of Arkan- tion Act for Fiscal Year 2006 (8 U.S.C. 1101 matters. note) is amended— sas; Frederick J. Kapala, to be United Mr. CORNYN. Mr. President, I ask (1) in subsection (b)(1)— States District Judge for the Northern unanimous consent that Jack (A) in subparagraph (B), by striking ‘‘as a District of Illinois; Halil Suleyman Kammerer be granted the privilege of translator’’ and inserting ‘‘, or under Chief of Ozerden, to be United States District the floor during the course of debate on Mission authority, as a translator or inter- Judge for the Southern District of Mis- the Intelligence authorization bill. preter’’ ; sissippi; Benjamin Hale Settle, to be (B) in subparagraph (C), by inserting ‘‘the The PRESIDING OFFICER. Without Chief of Mission or’’ after ‘‘recommendation United States District Judge for the objection, it is so ordered. Western District of Washington. from’’; and IV. Resolutions, S. Res. 112, desig- f (C) in subparagraph (D), by inserting ‘‘the Chief of Mission or’’ after ‘‘as determined nating April 6, 2007, as ‘‘National Miss- EXECUTIVE SESSION by’’; and ing Person’s Day,’’ Schumer, Crapo, (2) in subsection (c)(1), by striking ‘‘section Feinstein. during any fiscal year shall not exceed 50.’’ The PRESIDING OFFICER. Without EXECUTIVE CALENDAR and inserting the following: ‘‘section— objection, it is so ordered. Mr. REID. Mr. President, I ask unan- ‘‘(A) during each of the fiscal years 2007, SELECT COMMITTEE ON INTELLIGENCE imous consent that the Senate proceed 2008, and 2009, shall not exceed 500; and Mr. ROCKEFELLER. Mr. President, I to executive session to consider the fol- ‘‘(B) during any other fiscal year shall not ask unanimous consent that the Select exceed 50.’’. lowing nomination: Calendar No. 75; (b) ALIENS EXEMPT FROM EMPLOYMENT- Committee on Intelligence be author- that the nomination be confirmed; that BASED NUMERICAL LIMITATIONS.—Section ized to meet during the session of the the motion to reconsider be laid upon 1059(c)(2) of such Act is amended— Senate on April 12, 2007 at 2:30 p.m. to the table; that any statements be (1) by amending the paragraph heading to hold a closed hearing. printed in the RECORD; that the Presi- read as follows: The PRESIDING OFFICER. Without dent be immediately notified of the ‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT- objection, it is so ordered. Senate’s action; and that the Senate BASED NUMERICAL LIMITATIONS.—’’; and (2) by inserting ‘‘and shall not be counted AD HOC SUBCOMMITTEE ON DISASTER RECOVERY then resume legislative session. against the numerical limitations under sec- Mr. ROCKEFELLER. Mr. President, I The PRESIDING OFFICER. Without tion 201(d), 202(a), and 203(b)(4) of the Immi- ask unanimous consent that the Ad objection, it is so ordered. gration and Nationality Act (8 U.S.C. 1151(d), Hoc Subcommittee on Disaster Recov- The nomination was considered and 1152(a), and 1153(b)(4))’’ before the period at ery be authorized to meet on Thursday, confirmed as follows: the end.

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.002 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8782 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 (c) ADJUSTMENT OF STATUS.—Section 1059 never easy to lose a loved one, but at The PRESIDING OFFICER. Without of such Act is further amended— these trying moments, we can take sol- objection, it is so ordered. (1) by redesignating subsection (d) as sub- ace in the fact that Jerry lived a long The resolution (S. Res. 147) was section (e); and and fulfilling life. He helped many peo- (2) by inserting after subsection (c) the fol- agreed to. lowing: ple and touched many lives. His service The preamble was agreed to. ‘‘(d) ADJUSTMENT OF STATUS.—Notwith- is a shining example to civilians and The resolution, with its preamble, standing paragraphs (2), (7) and (8) of section veterans alike of a life dedicated to reads as follows: 245(c) of the Immigration and Nationality service. Act (8 U.S.C. 1255(c)), the Secretary of Home- I am very proud to have known Jerry S. RES. 147 land Security may adjust the status of an Murphy and to have been able to call Whereas, on April 3, 2007, before a crowd of alien to that of a lawful permanent resident him my friend. It is a privilege to play over 20,000 fans, the University of Tennessee women’s basketball team (the ‘‘Lady Vols’’) under section 245(a) of such Act if the alien— a part in bestowing this deserving ‘‘(1) was paroled or admitted as a non- defeated the Scarlet Knights of Rutgers by a immigrant into the United States; and honor on a great man and a great score of 59-46 to win the 2007 National Colle- ‘‘(2) is otherwise eligible for special immi- American, Raymond Gerald Murphy. giate Athletic Association (NCAA) Division I grant status under this section and under the Mr. REID. Mr. President, I ask unan- Women’s Basketball Championship; Immigration and Nationality Act.’’. imous consent that the bill be read a Whereas this championship was the first f third time, passed, the motion to re- national title for the Lady Vols since their 3- consider be laid upon the table, and year championship run in 1996-98, and their RAYMOND G. MURPHY DEPART- that any statements relating to this 7th national title in the last 20 years; MENT OF VETERANS AFFAIRS Whereas the Lady Vols were successful due bill be printed in the RECORD. MEDICAL CENTER to the leadership of Coach Pat Summitt, the The PRESIDING OFFICER. Without Nation’s all-time winningest NCAA basket- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. ball coach (men’s or women’s) with 947 wins imous consent that the Committee on The bill was ordered to be engrossed over 33 seasons at the University of Ten- Veterans’ Affairs be discharged from for a third reading, was read the third nessee; further consideration of S. 229 and the time, and passed, as follows: Whereas Joan Cronan, the Women’s Ath- letics Director, has shown vision and leader- Senate proceed to its immediate con- S. 229 sideration. ship throughout her 24-year career at the Be it enacted by the Senate and House of Rep- University of Tennessee and created one of The PRESIDING OFFICER. Without resentatives of the United States of America in objection, it is so ordered. The clerk the most visible and respected athletic pro- Congress assembled, grams in the country; will report the bill by title. SECTION 1. REDESIGNATION. Whereas the Lady Vols were undefeated in The legislative clerk read as follows: The Federal building known and des- conference games during the 2006-2007 season A bill (S. 229) to redesignate a Federal ignated as the ‘‘Department of Veterans Af- and compiled an impressive overall record of building in Albuquerque, New Mexico, as the fairs Medical Center’’ located at 1501 San 34 wins and 3 losses; ‘‘Raymond G. Murphy Department of Vet- Pedro Drive, SE, in Albuquerque, New Mex- Whereas Candace Parker tallied 17 points, erans Affairs Medical Center’’. ico, shall be known and redesignated as the 7 rebounds, and 3 assists and was selected the There being no objection, the Senate ‘‘Raymond G. Murphy Department of Vet- Most Outstanding Player for the 2007 tour- proceeded to consider the bill. erans Affairs Medical Center’’. nament, becoming the 5th Lady Volunteer to SEC. 2. REFERENCES. be so honored, following in the footsteps of Mr. DOMENICI. Mr. President, I am Chamique Holdsclaw (1998, 1997), Michelle very pleased today that we will have Any reference in a law, map, regulation, document, paper, or other record of the Marciniak (1996), Bridgette Gordon (1989), renamed the Albuquerque VA facility United States to the Federal building re- and Tonya Edwards (1987); as the Raymond G. Murphy Depart- ferred to in section 1 shall be deemed to be Whereas Shannon Bobbitt, who at only 5 ment of Veterans Affairs Medical Cen- a reference to the ‘‘Raymond G. Murphy De- feet, 2 inches, is the smallest player ever at ter. I thank my colleague Senator partment of Veterans Affairs Medical Cen- the University of Tennessee, scored 3 deci- BINGAMAN for his support on this issue, ter’’. sive 3-pointers in the 2nd half, finished the game with 13 points, and was named to the as well as Senator AKAKA and Senator f 2007 All-Tournament Team; CRAIG and the staff on the Committee CONGRATULATING THE UNIVER- Whereas Nicky Anosike had a career high of Veterans’ Affairs for their help. of 16 rebounds and was named to the 2007 All- Raymond ‘‘Jerry’’ Murphy died last SITY OF TENNESSEE WOMEN’S BASKETBALL TEAM Tournament team; Friday at the age of 77. His obituary Whereas senior Sidney Spencer scored 11 described him as ‘‘one of the softest- Mr. REID. Mr. President, I ask unan- points and Alberta Auguste scored 10 points, spoken, most modest men to ever wear imous consent that the Senate now with both players achieving a combined 6 for the Medal of Honor.’’ Jerry Murphy proceed to the consideration of S. Res. 6 from the free throw line; was a true American hero who in war 147. Whereas Alexis Hornbuckle played out- and peace dedicated himself to others. The PRESIDING OFFICER. The standing defense and created energy on the court; CPT Jerry Murphy was the 39th U.S. clerk will report the resolution by Whereas Dominique Redding and Alex Marine to be awarded the Medal of title. Fuller also contributed to the team’s vic- Honor for heroism in the Korean war. The legislative clerk read as follows: tory; When he returned from war he dedi- A resolution (S. Res. 147) congratulating Whereas the 2006-2007 team has an average cated his entire life to taking care of the University of Tennessee women’s basket- GPA above 3.0; and other veterans. He spent 23 years work- ball team for winning the 2007 NCAA Divi- Whereas Coach Pat Summitt’s Lady Vols ing in the Albuquerque VA regional of- sion I Women’s Basketball Championship. continue their remarkable graduation rate, fice. Upon his retirement, he continued There being no objection, the Senate with every student athlete who has com- pleted her eligibility at the University of to serve veterans as a volunteer until proceeded to consider the resolution. Tennessee either graduating or working to- he became too sick to do so. I think it Mr. REID. Mr. President, if I can just ward all of the requirements for graduation: is only right that the medical center in comment, that was a remarkable tour- Now, therefore, be it Albuquerque bear his name in recogni- nament. The final four was exciting, Resolved, That the Senate— tion of his great service to veterans and the game between the Rutgers Uni- (1) congratulates the University of Ten- and to the Nation. versity team and the University of nessee women’s basketball team for being I came to the floor earlier in the Tennessee was very exciting. It was champions on and off the court and for their week and spoke about my good friend high-quality basketball. I enjoyed it a victory in the 2007 NCAA Division I Women’s after he died. I stand by that statement lot more than the men’s final four. Basketball Championship; (2) recognizes the significant achievements and again send my condolences to Jer- Mr. President, I ask unanimous con- of the players, coaches, students, alumni, ry’s wife Maryann, his sons John, Mi- sent that the resolution be agreed to, and support staff whose dedication and hard chael, and Tim, his daughter Eleanor, the preamble be agreed to, and the mo- work helped the University of Tennessee as well as his eight grandchildren. It is tion to reconsider be laid on the table. Lady Vols win the NCAA championship; and

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.002 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD April 12, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 8783 (3) respectfully requests the Secretary of lated for their commitment to, and pride in, dorsed the report by United Nations Sec- the Senate to transmit copies of this resolu- the basketball program at the University: retary-General Kofi Annan that Israel had tion to the following for appropriate dis- Now, therefore, be it withdrawn completely from Lebanon under play— Resolved, That the Senate— the terms of United Nations Security Coun- (A) Dr. John D. Petersen, President of the (1) commends the University of Florida cil Resolution 425 (1978); University of Tennessee; men’s basketball team for winning the 2007 Whereas Israel completed its withdrawal (B) Dr. Loren Crabtree, Chancellor of the NCAA Division I Basketball Championship; from Gaza on September 12, 2005; University of Tennessee, Knoxville; (2) recognizes the achievements of all of Whereas, on June 25, 2006, Hamas and allied (C) Joan Cronan, Women’s Athletics Direc- the players, coaches, and support staff who terrorists crossed into Israel to attack a tor; and were instrumental in helping the University military post, killing 2 soldiers and wound- (D) Pat Summitt, Women’s Basketball of Florida men’s basketball team win con- ing a third, Gilad Shalit, who was kidnapped; Head Coach. secutive NCAA Division I Basketball Cham- Whereas, on July 12, 2006, terrorists of f pionships, and Hezbollah crossed into Israel to attack (3) respectfully requests the Secretary of troops of Israeli patrolling the Israeli side of COMMENDING THE UNIVERSITY OF the Senate to transmit enrolled copies of the border with Lebanon, killing 3 soldiers, FLORIDA MEN’S BASKETBALL this resolution to— wounding 2 more, and kidnapping Ehud TEAM (A) the University of Florida for appro- Goldwasser and Eldad Regev; priate display; Whereas Gilad Shalit has been held in cap- Mr. REID. Mr. President, I ask unan- (B) the President of the University of Flor- tivity by Hamas for more than 7 months; imous consent that the Senate now ida, Dr. J. Bernard Machen; Whereas Ehud Goldwasser and Eldad Regev proceed to the consideration of S. Res. (C) the Athletic Director of the University have been held in captivity by Hezbollah for 148. of Florida, Jeremy Foley; and more than 6 months; The PRESIDING OFFICER. The (D) the Head Coach of the University of Whereas Hamas and Hezbollah have with- clerk will report the resolution by Florida men’s basketball team, Billy Dono- held all information on the health and wel- title. van. fare of the men they have kidnapped; and The legislative clerk read as follows: f Whereas, contrary to the most basic stand- ards of humanitarian conduct, Hamas and A resolution (S. Res. 148) commending The CALLING FOR IMMEDIATE AND Hezbollah have prevented access to the University of Florida men’s basketball team UNCONDITIONAL RELEASE OF Israeli captives by competent medical per- for winning the 2007 National Collegiate Ath- SOLDIERS OF ISRAEL sonnel and representatives of the Inter- letic Association (NCAA) Division I Basket- national Committee of the Red Cross: Now, ball Championship. Mr. REID. Mr. President, I ask unan- therefore, be it There being no objection, the Senate imous consent that the Senate Com- Resolved, That the Senate— proceeded to consider the resolution. mittee on Foreign Relations be dis- (1) demands that— Mr. REID. Mr. President, I ask unan- charged from further consideration of (A) Hamas immediately and uncondition- imous consent that the resolution be S. Res. 92. ally release Israeli soldier Gilad Shalit; agreed to, the preamble be agreed to, The PRESIDING OFFICER. Without (B) Hezbollah accept the mandate of the motion to reconsider be laid upon objection, it is so ordered. The clerk United Nations Security Council Resolution 1701 (2006) by immediately and uncondition- the table, and that any statements re- will report the resolution by title. The legislative clerk read as follows: ally releasing Israeli soldiers Ehud lating to the resolution be printed in Goldwasser and Eldad Regev; and the RECORD. A resolution (S. Res. 92) calling for the im- (C) Hezbollah and Hamas accede to the The PRESIDING OFFICER. Without mediate and unconditional release of soldiers most basic standards of humanitarian con- objection, it is so ordered. of Israel held captive by Hamas and duct and allow prompt access to the Israeli Hezbollah. The resolution (S. Res. 148) was captives by competent medical personnel agreed to. There being no objection, the Senate and representatives of the International The preamble was agreed to. proceeded to consider the resolution. Committee of the Red Cross; The resolution, with its preamble, Mr. REID. Mr. President, I ask unan- (2) expresses— (A) vigorous support and unwavering com- reads as follows: imous consent that the resolution be agreed to, the preamble be agreed to, mitment to the welfare and survival of the S. RES. 148 the motion to reconsider be laid upon State of Israel as a Jewish and democratic state with secure borders; Whereas, on April 2nd, 2007, the University the table, and any statements relating of Florida men’s basketball team made his- (B) strong support and deep interest in tory with its 84–75 win over the Ohio State to the resolution be printed in the achieving a resolution of the Israeli-Pales- University Buckeyes—becoming only the RECORD, with no intervening action or tinian conflict through the creation of a via- seventh school to repeat as national cham- debate. ble and independent Palestinian state living pions in men’s hoops, and the first team The PRESIDING OFFICER. Without in peace alongside of the State of Israel; since Duke University accomplished this objection, it is so ordered. (C) ongoing concern and sympathy for the feat in 1991 and 1992, and the first school to The resolution (S. Res. 92) was agreed families of Gilad Shalit, Ehud Goldwasser, hold national titles in both basketball and to. Eldad Regev, and all other missing soldiers football in the same year; The preamble was agreed to. of Israel; and Whereas, the Gators entered the 2006–2007 The resolution, with its preamble, (D) full commitment to seek the imme- season as the defending national champions diate and unconditional release of the Israeli and posted a 35–5 win-loss record during their reads as follows: captives; and second run for the title, finishing the season S. RES. 92 (3) condemns— with a ten-game winning streak and securing Whereas Israel withdrew from southern (A) Hamas and Hezbollah for the cross bor- the Southeastern Conference Championship, Lebanon on May 24, 2000; der attacks and kidnappings that precip- in addition to the 2007 NCAA Division I Whereas Congress expressed concern for itated weeks of intensive armed conflict be- men’s basketball crown; soldiers of Israel missing in Lebanon and tween Israel and Hezbollah and armed Pales- Whereas, Head Coach Billy Donovan joined Syrian-controlled territory of Lebanon in tinian groups; and elite company as he became one of only four the Act entitled ‘‘To locate and secure the (B) Iran and Syria for their ongoing sup- active coaches to win multiple NCAA titles; return of Zachary Baumel, a United States port of Hezbollah and Hamas. Whereas, University of Florida junior citizen, and other Israeli soldiers missing in f Corey Brewer was chosen as the Most Out- action’’, approved November 8, 1999 (Public standing Player of the Final Four; Law 106–89), which required the Secretary of AUTHORITY FOR COMMITTEE TO Whereas, each player, coach, trainer, and State to raise the status of missing soldiers REPORT manager dedicated his or her time and effort of Israel with appropriate government offi- Mr. REID. Mr. President, I ask unan- to ensuring that the Florida Gators defended cials of Syria, Lebanon, the Palestinian Au- imous consent that on Friday, April 13, their title and captured a second consecutive thority, and other governments in the re- notwithstanding an adjournment of the national championship; and gion, and to submit to Congress reports on Whereas, the families of the players, stu- those efforts and any subsequent discovery Senate, the Senate Finance Committee dents, alumni, and faculty of the University of relevant information; be permitted to report S. 3 during the of Florida, and all of the supporters of the Whereas, on June 18, 2000, the United Na- hours of 12 noon to 2 p.m.; further, that University of Florida, are to be congratu- tions Security Council welcomed and en- if the bill is reported, it be in order for

VerDate Nov 24 2008 09:23 Apr 12, 2010 Jkt 059102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR07\S12AP7.002 S12AP7 emcdonald on DSK2BSOYB1PROD with BOUND RECORD 8784 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 April 12, 2007 the majority leader to move to proceed be deemed expired, and the time for the ligence authorization bill on Monday. to the bill on Monday, April 16. two leaders be reserved for their use There will be a cloture vote on that bill The PRESIDING OFFICER. Without later in the day; that there then be a at 5:30 p.m. on Monday. objection, it is so ordered. period of morning business for 60 min- The Senate will not be in session on Mr. REID. Mr. President, I also ask utes with Senators permitted to speak Friday. Therefore, there will be no roll- unanimous consent that Members have for up to 10 minutes each; that at the call votes. until 2:30 p.m. on Monday to file close of morning business the Senate amendments to S. 3. resume consideration of S. 372, as pro- f The PRESIDING OFFICER. Without vided for under a previous order. objection, it is so ordered. The PRESIDING OFFICER. Without ADJOURNMENT UNTIL MONDAY, Mr. REID. I further ask unanimous objection, it is so ordered. APRIL 16, 2007, AT 2 P.M. consent that if the committee does not f Mr. REID. If there is no further busi- file S. 3 tomorrow, it be in order for the PROGRAM ness to be brought before the Senate, I majority leader, on Monday, to intro- ask unanimous consent that the Sen- duce a bill dealing with the same sub- Mr. REID. I commend the Republican ate stand adjourned under the previous ject matter and that it be in order for leader for his willingness to work with order. the majority leader to move to proceed us in getting an agreement where we There being no objection, the Senate, to that bill on Monday. debated two stem cell bills. I also at 7:24 p.m., adjourned until Monday, The PRESIDING OFFICER. Without would be remiss if I did not mention April 16, 2007, at 2 p.m. objection, it is so ordered. the primary individuals who were here f during most, if not all, of that debate: f Senators HARKIN, SPECTER, ORDERS FOR MONDAY, APRIL 16, BROWNBACK, COLEMAN, and ISAKSON. CONFIRMATION 2007 They conducted the debate in a manner Executive nomination confirmed by Mr. REID. I ask unanimous consent which shows Members can disagree and the Senate Thursday, April 12, 2007: that when the Senate completes its not be disagreeable. Although there DEPARTMENT OF DEFENSE business today, it stand adjourned were different points of view, the de- until 2 p.m. on Monday, April 16, and CLAUDE M. KICKLIGHTER, OF GEORGIA, TO BE INSPEC- bate was clearly very informative and TOR GENERAL, DEPARTMENT OF DEFENSE. on Monday, following the prayer and educational. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO the pledge, the Journal of proceedings Also, we just entered an order allow- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY be approved to date, the morning hour ing the Senate to consider the Intel- CONSTITUTED COMMITTEE OF THE SENATE.

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