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

Vol. 153 WASHINGTON, MONDAY, MARCH 19, 2007 No. 47 Senate The Senate met at 2 p.m. and was appoint the Honorable MARK L. PRYOR, a After all, this was a President who called to order by the Honorable MARK Senator from the State of Arkansas, to per- won two elections by the barest of mar- L. PRYOR, a Senator from the State of form the duties of the Chair. gins, first by the Supreme Court. Yet Arkansas. ROBERT C. BYRD, after 9/11, instead of uniting the coun- President pro tempore. try, he has chosen to push the envelope PRAYER Mr. PRYOR thereupon assumed the of his authority. On everything from The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. the runup to the war in Iraq, to the fered the following prayer: f plan to destroy Social Security, to the Let us pray: RECOGNITION OF THE MAJORITY use of warrantless wiretapping, this ad- Lord, You have promised to work for LEADER ministration has governed without the good of those who love You. Work compromise. in the lives of our lawmakers, The ACTING PRESIDENT pro tem- The political purge of U.S. attorneys strengthening them for every problem, pore. The majority leader is recog- is only the latest example of this Presi- trial, and temptation they face. Open nized. dent’s unhealthy disregard for checks their eyes to see Your hand at work f and balances. Speedy passage of this even in adversity and keep them faith- FIRING OF U.S. ATTORNEYS bill is only the first step the Senate ful to You. Lord, may their lives become models Mr. REID. Mr. President, in today’s must take to deal with the administra- of godly living as You empower them Congressional Weekly, a respected pub- tion’s dangerous power grab. to live worthy of Your Name. Help lication we get back there, there is a We need to get to the bottom of this them to be quick to hear, slow to column on the last page by Craig scandal to find out why these U.S. at- speak, and slow to become angry. Be Crawford which I think is quite illu- torneys were fired. We need to find out their refuge and strength, an ever minating. It is entitled ‘‘The Firing whether the Attorney General and his present help in trouble. Empower them Squad Backfires.’’ deputies testified truthfully when they to maintain justice and to constantly The fingerprints of the President’s top ad- first explained the firings to Congress do what is right. Teach them Your visers are all over the prosecutors’ firing and the American people. scandal, which means trouble for Bush. ways and give them Your peace. Federal prosecutors are enormously We pray in Your holy Name. Amen. Here is the first sentence: powerful individuals. They are the em- f Of all the scandals that increasingly be- bodiment of Federal criminal law. PLEDGE OF ALLEGIANCE devil George W. Bush’s Presidency, none has They make life-and-death decisions more direct ties to the President than the about who to prosecute and who should The Honorable MARK L. PRYOR led flap over firing Federal prosecutors. receive leniency. Their discretion is the Pledge of Allegiance, as follows: I rise today to express my strong sup- largely unreviewable. They must be I pledge allegiance to the Flag of the port of S. 214, Senator FEINSTEIN’s leg- permitted to carry out their solemn United States of America, and to the Repub- islation to strengthen the independ- duties without any political inter- lic for which it stands, one nation under God, ence of U.S. attorneys. There is grow- indivisible, with liberty and justice for all. ference. ing evidence that the Bush administra- f tion fired Federal prosecutors for im- No one disputes the authority of the APPOINTMENT OF ACTING proper partisan reasons. This legisla- President to name U.S. attorneys at PRESIDENT PRO TEMPORE tion is needed to protect the integrity the beginning of his term, subject to of the Federal criminal justice system the advice and consent of the Senate. The PRESIDING OFFICER. The and the autonomy of the chief Federal But it is unprecedented that U.S. at- clerk will please read a communication prosecutors across the country. torneys be terminated in the middle of to the Senate from the President pro The U.S. attorney scandal is another a Presidential term without proper tempore [Mr. BYRD]. example of the arrogance of power. As cause. It is unacceptable for U.S. attor- The assistant legislative clerk read Lord Acton said, power tends to cor- neys to be replaced because they were the following letter: rupt, and absolute power tends to cor- perceived by the White House to be in- U.S. SENATE, rupt absolutely. For too long, the Bush sufficiently partisan or too aggressive PRESIDENT PRO TEMPORE, in prosecuting public corruption. Washington, DC, March 19, 2007. administration—shielded from over- To the Senate: sight by a Republican-dominated Con- It appears that administration offi- Under the provisions of rule I, paragraph 3, gress—enjoyed absolute power, and cials took advantage of a provision of the Standing Rules of the Senate, I hereby they abused it. that they insisted be included in the

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

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VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3240 CONGRESSIONAL RECORD — SENATE March 19, 2007 PATRIOT Act reauthorization con- decisions. Do prosecutors who are SECTION 1. SHORT TITLE. ference report last year. Now it is be- ‘‘loyal Bushies’’ go easy on Republican This Act may be cited as the ‘‘Preserving coming clear why they stuck that pro- corruption? Do they bring cases United States Attorney Independence Act of 2007’’. vision in there. This was a plan they against Democrats without legal jus- SEC. 2. VACANCIES. had for some time. That law reversed a tification? The actions of the Bush ad- øSection 546 of title 28, United States Code, longstanding procedure that allowed ministration call into question every is amended to read as follows: the chief Federal judge in the Federal decision by Federal prosecutors in cor- ‘‘§ 546. Vacancies district court to appoint a temporary ruption cases across the country. ‘‘The United States district court for a dis- replacement while the permanent I applaud the efforts of Senator FEIN- trict in which the office of the United States nominee undergoes Senate confirma- STEIN, who wrote this legislation and attorney is vacant may appoint a United tion. The Feinstein bill simply restores spoke about it early on. I also applaud States attorney to serve until that vacancy the pre-PATRIOT Act procedure. the efforts of Senators SCHUMER and is filled. The order of appointment by the Conflicting testimony and recently LEAHY, as well as colleagues on the court shall be filed with the clerk of the released e-mails strongly suggest the other side of the aisle who are com- court.’’.¿ American people are not getting from Section 546 of title 28, United States Code, is mitted to getting the truth in this amended by striking subsection (c) and inserting the Bush administration the full story matter. I strongly urge the Senate to the following: about this scandal. pass this piece of legislation. Simply ‘‘(c) A person appointed as United States at- In the State of Nevada, as an exam- put, we need to begin to keep politics torney under this section may serve until the ple, Daniel Bogden, a highly respected out of the Federal criminal justice sys- earlier of— career prosecutor, was forced to step tem, which is the way it has always ‘‘(1) the qualification of a United States attor- down. His chosen vocation in life was been. ney for such district appointed by the President to be a Federal prosecutor. He worked under section 541 of this title; or f ‘‘(2) the expiration of 120 days after appoint- as an assistant U.S. attorney for a sig- ment by the Attorney General under this sec- nificant period of time before chosen to SCHEDULE tion. be the U.S. attorney by a Republican, Mr. REID. Mr. President, today, fol- ‘‘(d) If an appointment expires under sub- JOHN ENSIGN, and by the President, lowing the remarks of the leaders, the section (c)(2), the district court for such district who sent his name to us. We were ini- Senate will immediately proceed to S. may appoint a United States attorney to serve until the vacancy is filled. The order of appoint- tially told that Bogden and others were 214, the U.S. attorneys legislation. Last fired for ‘‘performance-related rea- ment by the court shall be filed with the clerk of week, we were able to agree to a unani- the court.’’. sons.’’ But that explanation proved to mous consent that will govern consid- SEC. 3. APPLICABILITY. be totally bogus. In fact, Dan Bogden’s eration of this bill. (a) IN GENERAL.—The amendments made by personnel review was glowing. We still There will be no rollcall votes today. this Act shall take effect on the date of enact- don’t know why Dan Bogden was fired. We will, however, have three votes be- ment of this Act. What we do know is under the new PA- ginning at 11:30 a.m. tomorrow morn- (b) APPLICATION.— TRIOT Act provision, Mr. Bogden could (1) IN GENERAL.—Any person serving as a ing. These votes will be with respect to United States attorney on the day before the be replaced by someone with no ties to amendments to the U.S. attorneys bill Nevada, and with no input from the date of enactment of this Act who was ap- and then passage of the bill. pointed under section 546 of title 28, United Senate. The damage done to Bogden Following the recess for the party States Code, may serve until the earlier of— personally is irreparable. He can’t conferences on Tuesday, the Senate (A) the qualification of a United States attor- work now as assistant U.S. attorney. will begin to consider the concurrent ney for such district appointed by the President That is part of the process. That is too budget resolution, which was reported under section 541 of that title; or bad. He is a fine man whose reputation (B) 120 days after the date of enactment of by the Budget Committee to the Sen- this Act. has been besmirched. ate floor last Thursday. Meanwhile, we learned of a scheme (2) EXPIRED APPOINTMENTS.—If an appoint- f ment expires under paragraph (1), the district hatched in the White House to replace court for that district may appoint a United all U.S. attorneys. At least one U.S. at- RESERVATION OF LEADER TIME States attorney for that district under section torney has stated he was forced to re- The ACTING PRESIDENT pro tem- 546(d) of title 28, United States Code, as added sign because he refused to bend to po- by this Act. pore. Under the previous order, leader- litical pressure regarding ongoing in- ship time is reserved. The ACTING PRESIDENT pro tem- vestigations. Others were fired under pore. Under the previous order, the circumstances that raise the same f committee-reported amendment is question. In the State of Arkansas, the PRESERVING UNITED STATES AT- agreed to and the motion to reconsider U.S. attorney was fired and replaced by TORNEY INDEPENDENCE ACT OF is laid upon the table. one of Karl Rove’s underlings. 2007 Mrs. FEINSTEIN. Mr. President, I The Attorney General and his depu- suggest the absence of a quorum. ties told Congress these firings were The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- not politically motivated. But accord- pore. Under the previous order, the pore. The clerk will call the roll. ing to newly released e-mails, White Senate will proceed to the consider- The assistant legislative clerk pro- House political operatives such as Mr. ation of S. 214. ceeded to call the roll. Rove were involved in the decision- The clerk will report the bill by title. Mrs. FEINSTEIN. Mr. President, I making. Kyl Sampson, who eventually The assistant legislative clerk read ask unanimous consent that the order became Chief of Staff to Attorney Gen- as follows: for the quorum call be rescinded. eral Gonzales, wrote an e-mail that dis- A bill (S. 214) to amend chapter 35 of title The ACTING PRESIDENT pro tem- tinguished between those U.S. attor- 28, United States Code, to preserve the inde- pore. Without objection, it is so or- neys who were ‘‘loyal Bushies’’ and pendence of the United States Attorneys. dered. those who were not. Dan Bogden and There being no objection, the Senate Mrs. FEINSTEIN. Mr. President, I other U.S. attorneys who were fired proceeded to consider the bill which rise today to speak in support of S. 214, last December were not ‘‘loyal had been reported from the Committee the bill the leader just referred to. This Bushies.’’ on the Judiciary, with an amendment, is a bill that simply reinstates the Sen- What I am worried about—and it as follows: ate’s role in the confirmation process hasn’t come out yet—is what about (The part of the bill intended to be of U.S. attorneys. It is a bill I intro- those who were loyal Bushies? Were stricken is shown in boldface brackets duced with Senator LEAHY on January these people prosecuting people be- and the part of the bill intended to be 9, 2007, days after I first learned in cause of the political involvement of inserted is shown in italic.) early December that officials from the White House? Perhaps so. S. 214 main Justice called a handful of U.S. The real question is whether being a Be it enacted by the Senate and House of Rep- attorneys from around the country and ‘‘loyal Bushie’’ meant letting partisan resentatives of the United States of America in forced them to resign their positions consideration poison law enforcement Congress assembled, without cause.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3241 At that time, I had very little infor- learned in greater detail and some of January 16, 2007, the Attorney General mation and was unaware of exactly the reasons this bill is so necessary. was asked about the charges of polit- what had occurred and why. As I I believe it is important to look at ical motivation, and he responded: looked into it, I learned that in March how interim U.S. attorneys have been Nothing could be further from the truth. of 2006, the PATRIOT Act was reau- appointed over the years. There ap- He further stated in response to your thorized and a change was made in the pears to be an assumption by the Bush comment, Mr. President, that the De- law. It was made in conference without administration that the Attorney Gen- partment tried to avoid Senate con- Democratic Senators present. To the eral should have an exclusive authority firmation to reward political allies: best of my knowledge, it was made to appoint interim U.S. attorneys. But, We in no way politicized these decisions. without the knowledge of any Senator, in fact, history paints a much different Republican or Democrat. It is my un- picture. Two days later, the Attorney General derstanding this was a request from When first looking into this issue, I reiterated this position when he came the Justice Department that was pre- found that the statutes had given the before the Senate Judiciary Committee sented by Will Moschella to the staff of courts the authority to appoint an in- on January 18 of this year and said: the Judiciary Committee and, without terim U.S. attorney and that this dated I would never, ever make a change in the the knowledge of Senators, was put back as far as the Civil War. Specifi- United States attorney position for political into the bill. It then gave the President cally, the authority was first vested reasons. the authority essentially to appoint a with the circuit courts in March of That is a categorical and definitive U.S. attorney without confirmation for 1863. Then, in 1898, a House of Rep- monosyllabic statement. However, the the remainder of his term. resentatives report explained that Department had to backtrack when it The bill, S. 214, that is before the while Congress believed it was impor- became evident that the former U.S. Senate today simply returns the law tant to have the courts appoint an in- attorney from your State, Mr. Presi- the way it was before this action took terim U.S. attorney, there was a prob- dent, Arkansas, Bud Cummins, was place in March of 2006. lem relying on circuit courts ‘‘since simply replaced in order to make room Today, just a little more than 2 the circuit justice is not always to be for Tim Griffin, who had served as Karl months after I first learned about this found in the circuit and time is wasted Rove’s special assistant and had been situation, additional information has in ascertaining his whereabouts.’’ in charge of opposition research come to light. But rather than alle- Therefore, at that time, the interim against Democratic candidates for the viating the concerns and answering appointment authority was switched to Republican National Committee. questions, we are now faced with new the district courts; that is, in 1898 it Less than a month later, the Deputy and more serious allegations. In fact, was switched to the district courts. Attorney General confirmed this fact the big question looming over this de- Thus, for almost 100 years, the district when he testified before the Senate Ju- bate is whether the Attorney General courts were in charge of appointing in- diciary Committee on February 7, 2007. and others in the Bush administration terim U.S. attorneys, and they did so At that time, he said: have misled the Congress and the pub- with virtually no problems. The fact is there was a change made [in Ar- lic. If true, this is very serious. This structure was left undisturbed kansas] that was not connected, as we said, There are also allegations that the until 1986 when the statute was to the performance of the incumbent, but firings were done because the Depart- changed during the Reagan administra- more related to the opportunity to provide a ment of Justice and the White House tion. In a bill that was introduced by fresh start with a new person in that posi- were both unhappy with some of the Senator Strom Thurmond, the statute tion. U.S. attorneys’ handling of public cor- was changed to give the appointment Deputy Attorney General McNulty, ruption cases. If true this, too, is very authority to the Attorney General, but however, went on to say that all the serious. even then it was restricted and the At- others who were fired were fired for We now know that at least eight U.S. torney General had a 120-day time ‘‘performance-related reasons.’’ But attorneys were forced from office, and limit. After that time, if a nominee this, too, was not the final explanation. that despite shifting rationales for was not confirmed, the district courts The Department next tried to justify why, it has become clear that politics would appoint an interim U.S. attor- the firings by arguing that the U.S. at- has, in fact, played some role. ney. The adoption of this language was torneys were let go because there were Last week, we learned that the White part of a larger package that was billed ‘‘policy disagreements.’’ Then the At- House was involved in this process and as technical amendments to criminal torney General said that these U.S. at- that discussions took place with such law, and thus there was no recorded de- torneys had ‘‘lost [his] confidence.’’ So prominent figures as Presidential ad- bate in either the House or the Senate there are three different reasons so far. viser Karl Rove and former White and both Chambers passed the bill by Now, most recently, the explanation House Counsel Harriet Miers. We also voice vote. has been that the Department thought learned last week that these discus- Then, 20 years later, in March 2006— it ‘‘could do better’’—the fourth expla- sions began well over 2 years ago, al- again without much debate and again nation. most immediately following the 2004 as a part of a larger package—a statu- These explanations are as slippery as election, and it appears from recently tory change was inserted into the PA- they are misleading. Rather, what doc- released e-mails that Attorney General TRIOT Act reauthorization. This time, uments and e-mails demonstrate is Gonzales was personally consulted, the Executive’s power was expanded that none of these reasons was the de- even while he was still serving as even further, giving the Attorney Gen- ciding factor that led some U.S. attor- White House Counsel. eral the authority to appoint an in- neys to be targeted for firing. Instead, This information also shed new light terim replacement indefinitely and it appears these individuals lost their on who was being targeted for firing without Senate confirmation. jobs because a number of Department and why. It is this last point—why Unfortunately, not 1 year after secur- of Justice officials and possibly—we some were targeted—that has served to ing this new authority, abuses have don’t know but possibly—White House raise more questions and more signifi- come to light. Almost immediately officials did not judge them to be suffi- cant concerns. We have learned that as after I first spoke about what I had ciently loyal or did not like the cases many as six of the eight U.S. attorneys learned in January, the Attorney Gen- they were prosecuting or simply want- who were involved with public corrup- eral called me to tell me that I had my ed to put in new, politically connected, tion cases. While we don’t know what facts wrong. However, he also sent up young lawyers. It appears this way be- role this played in their selection, it is his staff to confirm that ‘‘less than 10’’ cause contained in the documents that an unavoidable fact that raises serious U.S. attorneys had been asked to re- were released last week is an outline of questions. sign on December 7, 2006. the Department of Justice’s plan for Today, as the Senate begins the de- Despite this, the Attorney General how to determine who should be let go bate on the Preserving United States adamantly denied politics had any role and who should stay. Attorney Independence Act, I would in the process. In fact, in an interview The first step of that plan was to cre- like to discuss some of what we have with an Associated Press reporter on ate a new rating system to evaluate all

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3242 CONGRESSIONAL RECORD — SENATE March 19, 2007 93 U.S. attorneys. This was to be sepa- The departure of Ms. Lam will be a great She gained a national reputation for rate from the independent performance loss . . . Ms. Lam is the consummate law en- her work on public corruption cases. I reports, called EARS reports. Those re- forcement executive who leads by example. think it is important to note that pub- ports routinely occurred and objec- And Alan Poleszak, Acting Special lic corruption is the FBI’s second high- tively examined each U.S. Attorney’s Agent in Charge, Drug Enforcement est priority after terrorism-related in- Office by evaluating their prosecution Agency: vestigations. Now, I didn’t know this, caseloads, their management, their The on-going prosecution of [the] Javier but the Judiciary Committee had an willingness to follow Department prior- Arellano Felix drug trafficking organization oversight hearing of the FBI on Decem- ities, and their ability to work coop- is both historic and noteworthy . . . [Ms. ber 6, 2006, where the Director, Bob Lam’s] commitment to Federal law enforce- eratively with the FBI, with the DEA, ment in this judicial district, county, and Mueller, came before us and he men- and with other client agencies. city, will be missed. tioned what their priorities were, and This rating system was developed We should take note of the fact that he said: Terrorism first, and then pub- back in February of 2005, and one of the the Arellano Felix organization is one lic corruption second, and crime was primary factors to be considered was of the largest and most dangerous way down on the list. loyalty to the administration. Mexican drug cartels known. They op- As a matter of fact, I found it rather One e-mail describing the ratings erate out of Tijuana. They have killed startling, and I questioned him about stated: hundreds of people. They have mur- that. He said, with some emphasis, Recommended retaining strong U.S. attor- dered Mexican DAs, they have mur- those are our priorities, and we believe neys who have produced, managed well, and dered Mexican judges, and they are a if we don’t do public corruption, no- exhibited loyalty to the President and Attor- blight. This U.S. attorney took them body else will. So the FBI has as its ney General. Recommended removing weak second highest priority public corrup- U.S. attorneys who have been ineffectual on. I will tell my colleagues more about that in a moment. The reason tion. The FBI is going to be out there managers and prosecutors, chafe against ad- putting together cases. Who prosecutes ministration initiatives. Carol Lam was well respected is be- cause she worked hard and she took on these cases? U.S. attorneys. The FBI’s Under this system, two of the eight second highest priority, and Carol Lam fired U.S. attorneys received strong the tough fights. She has had success after success. Let me give some exam- rose to this challenge. evaluations and recommended retain- In March of 2004, her office convicted ples. ing while three received recommended Steven Mark Lash, the former chief fi- removing. In September of 2005, the president of the San Diego chapter of Hell’s Angels nancial officer of FPA Medical Man- One of the U.S. attorneys who re- agement, for his role in defrauding ceived a recommended removing rating pled guilty to conspiracy to commit racketeering. Guy Russell Castiglione shareholders and lenders of FPA. The was Carol Lam from the Southern Dis- collapse of the company left more than trict of California. She received this admitted he conspired to kill members of a rival motorcycle gang, the Mon- 1,600 doctors being owed more than $60 low rating despite her many accom- million and patients reporting they plishments and despite her positive gols, to sell methamphetamine. In De- cember 2005, Daymond Buchanan, were unable to obtain medical care be- performance evaluations. I am familiar cause this company had ceased paying with Carol Lam’s career because she member of Hell’s Angels, was sentenced to 92 months in Federal prison for par- providers. served in San Diego. In that position, In January of 2005, Mark Anthony ticipating in a pattern of racketeering she has taken on some of the biggest Kolowich, owner of World Express Rx, as well as inflicting serious bodily in- cases and really made a positive im- pled guilty to conspiracy to sell coun- jury upon one victim. At that time, pact on the community she has served. terfeit pharmaceuticals, conspiracy to Ms. Lam announced: But that is not just my opinion. Lead- commit mail fraud and smuggle phar- ers throughout San Diego have sung With the president, sergeant at arms, sec- retary, treasurer, and six other members of maceuticals, and conspiracy to launder her praises. Let me give a few exam- money. Mr. Kolowich had run an Inter- ples. the Hell’s Angels convicted of racketeering charges and facing long prison sentences, the net pharmacy Web site where cus- Dan Dzwilewski, head of the FBI of- San Diego chapter of the Hell’s Angels has tomers could order prescription drugs fice in San Diego: been effectively shut down for the foresee- without a valid prescription. The judge Carol has an excellent reputation and has able future. called him the kingpin and architect of done an excellent job given her limited re- If that isn’t enough, in September of an illicit pharmaceutical ring that re- sources. 2006, Jose Ernesto Beltran-Quinonez, a cruited many others to smuggle drugs Then, when asked whether she had Mexican national, pled guilty to mak- across the United States-Mexico border given proper attention to gun cases, he ing false statements about weapons of at San Ysidro. said: mass destruction. Mr. Quinonez was Another case. In July 2005, Mrs. Lam What do you expect her to do? Let corrup- sentenced to 3 years in Federal prison brought a case against San Diego coun- tion exist? for making up a story about Chinese cilman Ralph Inzunza and Las Vegas Adele Fasano, the San Diego Director terrorists sneaking into the United lobbyist Lance Malone. They were con- of Field Operations, U.S. Customs and States with a nuclear warhead. The victed on multiple counts of extortion, Border Protection, said: hoax prompted a massive investiga- wire fraud conspiracy and wire fraud [We have] enjoyed a strong, collaborative tion, Federal warnings, discussions at and were accused of trading money for relationship with the U.S. Attorney’s Office one of President Bush’s security brief- efforts to repeal a law. to combat smuggling activity through the ings, and a nationwide hunt for the Then, in her most well-known case, ports of entry. group of Chinese supposedly plotting in November of 2005, Ms. Lam secured a City attorney for San Diego, Michael the attack. guilty plea from former Representative Aguirre, said: In December 2006 Mel Kay, of Golden Randy ‘‘Duke’’ Cunningham for taking [Carol Lam] has been by far the most out- State Fence Company, and Michael more than $2 million in bribes in a standing U.S. Attorney we’ve ever had . . . McLaughlin pled guilty to felony criminal conspiracy case involving at she’s won a national reputation as one of the charges of hiring illegal immigrants least three defense contractors after he top prosecutors in the country. and agreed to pay fines of $200,000 and accepted cash and gifts and then tried This is the city attorney. $100,000 respectively. The company, to influence the Defense Department Michael Unzueta, Special Agent in which built much of the fence near on behalf of donors. He also pled guilty Charge, Immigration and Customs En- Otay Mesa, agreed separately to pay $5 to a separate tax evasion violation for forcement: million on a misdemeanor count, one failing to disclose income in 2004. Carol Lam is truly an example of a dedi- of the largest fines ever imposed on a Now, here is where it gets inter- cated public servant and a law enforcement company for an immigration violation. esting. Finally, 2 days before she left professional. We will miss her leadership. Was Carol Lam praised for this work? office, that would be around February John Cooper, Special Agent in No, she was sent packing without an 13, Carol Lam announced indictments Charge, Naval Criminal Investigative explanation. Those were not her only of Kyle ‘‘Dusty’’ Foggo, a former top Service: cases. officer of the Central Intelligence

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3243 Agency, and Brent Wilkes, a defense Following the conviction of Duke Carol C. Lam, S.D. Cal., term expires 11/18/ contractor accused of bribing Duke Cunningham, in April 2006, Federal 2006. Cunningham and the prime benefactor prosecutors in Carol Lam’s office began We also should similarly seek to remove and replace: of secret CIA contracts. It is this latest investigating whether Brent Wilkes, a ——— incident, involving the ongoing inves- defense contractor, and Kyle ‘‘Dusty’’ Call me if you have any questions. If you tigations stemming from the Foggo, the third highest ranking offi- pushed me, I’d have 3–5 additional names Cunningham case, that has raised the cial at the CIA, and others were in- that the White House might want to con- most significant concerns about Carol volved in bribery and corruption. sider. Lam’s removal. Throughout the first week of May 2006, Mrs. FEINSTEIN. Mr. President, When I first came to the floor in Jan- information began to surface in the there could be a straightforward expla- uary, I mentioned rumors were circu- press regarding this ongoing investiga- nation for this e-mail that has nothing lating around California that Carol tion. Then, on May 10, 2006, Carol Lam to do with public corruption cases Lam was pushed out because of her ef- quietly sent an urgent notice to offi- Carol Lam was pursuing. However, the forts in the Duke Cunningham case and cials at Main Justice to inform the timing looks really suspicious and it subsequent investigations. I have tried Deputy Attorney General and the At- raises serious questions, questions that to be very careful about talking about torney General she was about to exe- need to be answered. Because if any these allegations because they are so cute search warrants on May 12—that U.S. attorney were removed because of serious and because, at the time, they is 2 days later—to search the home and a public corruption investigation or were based on mere speculation. CIA office of Dusty Foggo. The very prosecution, this could very well com- Despite recent materials coming to next day, after she sent this internal prise obstruction of justice. light, I want to continue to be very notice, Department of Justice staff I believe that irrespective of the in- careful in talking about these allega- sent an e-mail to the White House that tent behind the decision to fire Carol tions. At the same time, I must say said this: Lam and the other U.S. attorneys that today there are even more ques- Please call me to discuss the following: working on public corruption cases, tions to be answered regarding what . . . The real problem we have right now such a removal sends a message to all role public corruption cases played in with Carol Lam that leads me to conclude other Federal prosecutors, whether in- that we should have somebody ready to be the administration’s decisions about nominated on 11/18, the day her 4-year term tended or not, that creates a chilling which U.S. attorneys to fire. We have expires. effect. Because of this, there should now learned that six of the eight fired The real problem we have right now have been very careful consideration U.S. attorneys were involved in public with Carol Lam. And that is the day given to what steps should have been corruption cases. after she notified Main Justice that she taken to ensure it was clear there was The Washington Post noted this, I was executing two search warrants. good reason to remove the prosecutor, think, very well, as I will point out Mr. President, I ask unanimous con- that the office itself had a comprehen- here on this chart. sent that the complete e-mail be print- sive plan in place to ensure no cases or David Iglesias, New Mexico—oversaw ed in the RECORD. investigations would be harmed or probes of State Democrats and alleges There being no objection, the mate- slowed in any way and that ongoing two Republican lawmakers pressured rial was ordered to be printed in the public corruption cases had absolutely him about the case. He was respected RECORD, as follows: nothing to do with the removal of the by the Judiciary agencies and staff, From: Sampson, Kyle. U.S. attorney. complied with Department priorities. Sent: Thursday, May 11, 2006 11:36 AM. However, in the case of Carol Lam Daniel Bogden, Nevada—overall eval- To: ‘[email protected]’. and in the case of five other U.S. attor- uation was very positive. Notable Subject: FW: Removal and Replacement of neys, the administration failed to meet cases, opened a probe related to Nevada U.S. Attorneys Whose 4-year Terms Have even these bare minimum standards. I Governor Jim Gibbons, former Member Expired. strongly believe that removal of a of Congress. Sensitivity: Confidential. United States attorney who is involved Paul Charlton, Arizona—opened pre- Per-your inquiry yesterday after JSC, this in an ongoing public corruption case liminary probes of Representatives Jim is the e-mail I sent to Dabney last month at Harriet’s request. Please call me at your should occur only—only if there is a Kolbe and Rick Renzi before November convenience to discuss the following: very good reason, and not simply ‘‘we election. Well respected, established ——— could do better.’’ goals that were appropriate to meet Tim Griffin for E.D. Ark.; and Because of the public corruption the priorities of the Department. The real problem we have right now with cases and allegations that individuals These are quotes from the official Carol Lam that leads me to conclude that we were removed to put in politically con- performance reports. I am not making should have someone ready to be nominated on 11/18, the day her 4-year term expires. nected young lawyers, another issue them up, and I am not taking them that must be examined is the appear- from any individual. These are 27 peo- From: Sampson, Kyle. ance of politics impacting how U.S. at- ple who go into an office and evaluate Sent: Friday, April 14, 2006 9:31 AM. torneys are treated and what that the performance of a U.S. attorney. To: ‘[email protected]’. means for the prosecution of justice. What did they say about notable cases? Subject: RE: Removal and Replacement of As was reported in the McClatchy Bud Cummins, Eastern Arkansas— U.S. Attorneys Whose 4-year Terms Have newspapers, former Federal prosecu- Cummins was very competent, highly Expired. tors and defense lawyers have said: Sensitivity: Confidential. regarded. Also, I would note that two others on my Allegations of political interference could That was his performance review. He original list already have left office. They undermine the reputation of U.S. attorneys conducted a probe related to Missouri are: as impartial enforcers of the law. Governor Roy Blunt, which he later ———and——— And, yes, I really agree with that. closed without charges. One former Federal prosecutor said: From: Sampson, Kyle. There is Carol Lam, Southern Cali- One of the things the Department has Sent: Friday, April 14, 2006 9:30 AM. fornia, whom I have already men- stood for was being apolitical. Sure, politics To: ‘[email protected]’. tioned. does get involved in the appointment proc- Subject: Removal and Replacement of U.S. ess, but this is just nuts. John McKay, Western Washington— Attorneys Whose 4-year Terms Have Ex- here is the job performance: effective, pired. He is right. Yes, appointees are se- well regarded, capable leader, estab- Sensitivity: Confidential. lected and nominated by the party in lished strategic goals that were appro- Dabney, DOJ recommends that the White power. But once an individual U.S. at- priate. Here is the case: Declined to in- House consider removing and replacing the torney takes that oath of office, he or tervene in disputed gubernatorial elec- following U.S. Attorneys upon the expiration she must be independent, objective, of their 4-year terms: tion, angry GOP. Margaret M. Chiara, W.D. Mich., term ex- and must be free to pursue justice Those are the six. In Carol Lam’s pired 11/2/2005; wherever the facts lead. case, these allegations have become Harry E. ‘‘Bud’’ Cummins III, E.D. Ark., Bruce Fein, the former Associate even more troubling. term expired 1/9/2006; and Deputy Attorney General for the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3244 CONGRESSIONAL RECORD — SENATE March 19, 2007 Reagan administration, said in an So those to whom somebody appeals saying they will never support Griffin] the interview last week: must reinforce this argument: U.S. at- better. We should run out the clock . . . ‘‘all [W]e expect the rule of law to be adminis- torneys serve at the pleasure of the of this should be done in ‘good faith,’ of tered evenhandedly. That’s what ties our President. That little statement is course.’’ country together and gives legitimacy to de- meant to cover, I am sorry to say, a The e-mail went on to say: cisions by the court and to the government multitude of sins. Our guy is in there so the status quo is itself. When it’s obvious that the prosecution Of course, in the most literal sense, good for us . . . pledge to desire a Senate- function is being manipulated for political it is true: executive branch employees confirmed U.S. Attorney; and otherwise hun- purposes, that undermines the entire rule of ker down. law. serve at the pleasure of the President. However, blind adherence and single- That is an e-mail that deserves a lot In defending its actions, administra- minded pursuit of this principle ignores of questions. In addition, in a Novem- tion officials and others have tried to that it is equally true that our Na- ber 15, 2006, memo regarding the plan argue that both Presidents Reagan and tion’s prosecutors must be inde- to replace U.S. attorneys, ‘‘Step 2: Sen- Clinton fired all 93 U.S. attorneys when pendent, they must be objective, and ator calls,’’ outlines that for my State they came into office, and that is no they must pursue justice wherever the of California and for Michigan and different than what occurred in Decem- facts lead. ber. Right? Washington, the strategy was to have And it ignores that our country is Wrong. The implication of this argu- Bill Kelly from the White House call based on the principle of checks and ment has been that it is not unheard of ‘‘the home State ‘Bush political lead,’ ’’ balances. Of course, in this instance to fire U.S. attorneys in this manner, since there was no Republican home this means that we must return Senate and that, at some level, it is common- State Senators. confirmation as a certainty to the law, place. Right? So while the Justice Department has Wrong, it is not commonplace. In and this is exactly what we do in S. said: We consulted with home State fact, the Department of Justice and the 214—we simply return the law to what Senators—that is true only if they White House knew that this was not it was before that unknown addition were Republican. If they were Demo- commonplace and that comparing its was added to the PATRIOT Act reau- cratic home State Senators they were actions to Reagan and Clinton was an thorization without the knowledge of not, in fact, called. inaccurate analogy. A memo, written Senators. I believe all of this adds up to a very Since January when this issue was by Kyl Sampson on January 1, 2006, to complex and very serious situation first raised, the Department of Justice the Counsel to the President, clearly that now has even more questions that has repeatedly stated publicly that it stated: need to be asked and answered under did not intend to avoid Senate con- oath. For example, we need to know During the Reagan and Clinton Adminis- firmation. For example, before the Ju- trations, President Reagan and Clinton did who from the White House was in- not seek to remove and replace U.S. Attor- diciary Committee on January 18, 2007, volved in these decisions? Was the plan neys they had appointed, whose four-year the Attorney General testified that orchestrated by the White House? Who terms had expired, but instead permitted DOJ was ‘‘fully committed to try and made these determinations about who such U.S. Attorneys to serve indefinitely find presidentially appointed, Senate to fire and who was involved in the loy- under the holdover provision. confirmed U.S. Attorneys for every po- alty evaluation? What other U.S. attor- That is a memo from the Attorney sition.’’ neys were targeted for dismissal? However, in e-mails and memos writ- General’s Chief of Staff, Kyle Sampson, We know there were several but their ten by his staff, a strategy was out- again, on January 1, 2006. names have been redacted from the lined that does not show a commit- So they knew. They knew that just documents we have received. We need ment to Senate confirmation. For ex- to say President Reagan and President to know who are they, why were they Clinton each formed a new team when ample, on September 13, 2006, 3 months before the firing call on December 7, on the list, and why did they come off they became President couldn’t be used the list? as precedent because it was not an ac- the Attorney General’s Chief of Staff sent an e-mail to Monica Goodling, li- What were the real reasons used to curate precedent. determine who would be fired, since the Despite this, the administration and aison between the Department of Jus- evaluations don’t line up with the its defenders have continued to argue tice and the White House, suggesting EARS reports? What role, if any, did that firing U.S. attorneys was ‘‘en- that the Department use the new au- open public corruption cases play in de- tirely appropriate’’ and that it was jus- thority slipped into the PATRIOT Act termining who would be fired? What tified because executive branch ap- reauthorization to facilitate firing U.S. was the Attorney General’s role in the pointees ‘‘serve at the pleasure of the attorneys and replacing them with new process? What did he know and when President.’’ In fact, this had never been ones. The e-mail said: did he know it? How can he say he done before. In fact, as far as we have I strongly recommend that as a matter of didn’t know what was going on with been able to find out so far, and they administration, we utilize the new statutory the firing of the U.S. attorneys, even are still researching it—but the Con- provisions that authorize the AG to make though the White House did, and even gressional Research Service has told us [U.S. attorney] appointments. though there are e-mails showing that that in the past 25 years, only two U.S. Then, the inference is, by avoiding he was consulted? attorneys who served less than a full Senate confirmation, the e-mail goes Was the change to the law in March term have been fired. on: Interestingly, this talking point [W]e can give far less deference to home of 2006 done in order to facilitate the about ‘‘serving at the pleasure of the State Senators and thereby get (1) our pre- wholesale replacement of all or a large President’’ is repeated throughout the ferred person appointed and (2) do it far fast- number of U.S. attorneys without Sen- er and more efficiently at less political costs ate confirmation? We know that some- documents that have been released as to the White House. to what the administration should say body suggested all 93 U.S. attorneys This is only one example of discus- when asked about the firing of U.S. at- should be replaced, at one point. My sions among White House and DOJ offi- torneys. Specifically, it was listed in question is, was this done to facilitate cials about the benefits of avoiding the several versions of a memo that out- that? Senate, especially when the home lined the steps to be taken to execute These are just some of the questions State Senators are Democrats. the plan. This, again, is a memo from I hope our committee will delve into as In another example there is an e-mail the investigation continues. the Chief of Staff to the Attorney Gen- chain from December 2006 between the eral: Finally, in an e-mail that discussed Department of Justice and the White avoiding the Senate confirmation proc- ‘‘Step 3: Prepare to withstand political up- House which discusses how to deal with heaval.’’ We should expect that there will be ess, the Attorney General’s Chief of ‘‘direct and indirect appeals of the Adminis- the opposition of Arkansas’ Demo- Staff wrote: tration’s determination to seek these res- cratic Senators to the interim appoint- There is some risk that we’ll lose the au- ignations. . . . Recipients of such ‘appeals’ ment of Tim Griffin. I quote: thority [to appoint interim U.S. attorneys must respond identically . . . U.S. attorneys ‘‘I think we should gum this to death.’’ . . . indefinitely], but if we don’t ever exercise it serve at the pleasure of the President.’’ The longer we can forestall [the Senators then what’s the point of having it?

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3245 Think about that: There is some risk Then, when the Senator from Cali- There was a very lengthy article in that we will lose the authority to ap- fornia called it to my attention, I im- the New York Times yesterday—starts point U.S. attorneys indefinitely, but if mediately said there is a problem here on the first page and continues in the we don’t ever exercise it, then what is and we ought to correct it, and she in- interior of the paper for a substantial the point of having it? troduced the bill. I immediately co- part of another page—where there are I believe the time has come for the sponsored it. issues raised as to whether New Mexi- administration to lose that authority. There is no doubt there are major co’s U.S. Attorney, David C. Iglesias All these unanswered questions and al- problems which we have to confront on was doing his job properly. There were legations have demonstrated at the the requested resignations of eight U.S. reports that he was not pursuing pros- very least one real thing: the law must attorneys. ecutions as he should. Those were re- be returned to what it was prior to the The President has traditionally had layed to officials in Washington. Those reauthorization of the PATRIOT Act, the authority to replace U.S. attor- officials, in turn, then relayed them to and the bipartisan bill before the Sen- neys. That has generally been inter- the Department of Justice. I think it ate would do just that. Through nego- preted, to me, that the President may appropriate that if there are com- tiations with Senator SPECTER we are replace U.S. attorneys without giving plaints, they be relayed to the Depart- now considering legislation that would any reason. But I think implicit in the ment of Justice so an evaluation can be give the Attorney General authority to application of replacement of attor- made as to whether they are justified appoint an interim U.S. attorney but neys is you cannot replace them for a or are not justified. But the person who bad reason, you cannot replace because only for 120 days. If after that time the relays those complaints is acting in the they are seeking to ferret out corrupt President has not sent up a nominee to normal course of business and I suggest politicians, or if they are refusing to the Senate and had that nominee con- is doing what ought to be done. firmed, then the authority to appoint yield, or not bringing a case the admin- The Judiciary Committee is capable an interim U.S. attorney will fall to istration thinks ought to be brought. of ferreting out all of the conflicting the district court. So those are the parameters. When Given all we have learned in the past President Clinton took office in 1993, factors, is capable of getting at the few months, I believe this is the least the President replaced some 93 U.S. at- facts and making an evaluation. We we can do to restore the public’s faith torneys, as a matter of fact—of course, have a number of members of the Judi- in an independent system of justice. without giving any specific reason— ciary Committee who are experienced This bill will also help prevent any fu- and no one drew any objection to that. attorneys, and enough have specific ex- We have a situation with respect to ture abuse or appearance of perience as former prosecutors to be the eight U.S. attorneys who have been politicization of U.S. attorney posi- able to make an expert evaluation, so asked to resign and caused the current tions. to speak, as to whether the U.S. attor- issues as to whether they are being re- The legislation also makes it clear neys were doing their job properly. placed for bad reasons. that the 120-day limitation applies to That is what we ought to undertake at The situation with the U.S. attorney the present time. all the interim U.S. attorneys who are for the Southern District of California, currently in place, including those who Ms. Carol Lam, raised some issues as to That, of course, can proceed in due are the result of the Department’s ac- whether she was being asked to resign course without affecting the legisla- tions in December. These changes are because she was pursuing corruption tion which is pending here today. in line with the way the law used to be charges which resulted in the convic- I think there is no doubt we ought to and would simply be restoring the tion of former Congressman Duke change the provision of the PATRIOT proper checks and balances that are Cunningham and an 8-year jail sen- Act which gave the Attorney General needed in our system of government. tence. the authority to appoint an interim I urge my colleagues to oppose all It has been reported, for example, U.S. attorney until the President had amendments and pass a clean bill. that U.S. Attorney Lam sent a notice submitted another nominee and they I have noted the distinguished rank- to the Department of Justice saying ing member of the committee is on the are confirmed by the Senate, to go that there would be two search war- back to the old system where the At- Senate floor. Before I yield, I ask unan- rants and a criminal investigation of a imous consent that the committee torney General could appoint for 120 defense contractor who was linked to days, on an interim basis, and then amendments be considered as original former Congressman Duke text for the purpose of further amend- after that period of time the replace- Cunningham. ment U.S. attorney would be appointed ments. It was further reported that on the by the district court. The PRESIDING OFFICER (Mr. very next day, D. Kyle Sampson, the WEBB). Without objection, it is so or- Chief of Staff to Attorney General What has occurred here raises broad- dered. Gonzales, sent an e-mail message to er questions as to whether there ought Mrs. FEINSTEIN. I yield the floor. William Kelley in the White House to be some standards set by Congress The PRESIDING OFFICER. The Sen- Counsel’s Office saying Ms. Lam should on circumstances which would warrant ator from Pennsylvania. be removed as quickly as possible. Now terminating a U.S. attorney either by Mr. SPECTER. Mr. President, I join the communique from Mr. Sampson firing or by asking the U.S. attorney to with the Senator from California in further reportedly asked Mr. Kelley to resign. I certainly think there would be urging the adoption of the present leg- call Mr. Sampson to discuss: general agreement that you should not islation. The real problem we have right now with be able to remove a U.S. attorney ei- I am a cosponsor of the legislation. I [U.S. attorney] Carol Lam, that leads me to ther by way of firing or asking to re- immediately agreed to join Senator conclude we should have someone ready to sign if that U.S. attorney is pursuing FEINSTEIN on this matter when she be nominated on 11/18, the day her 4-year corruption cases or if the U.S. attorney called to my attention the situation in term expires. was appropriately not initiating a pros- the Southern District of California in Well, the sequence of events raises a ecution. That is a discretionary judg- San Diego, which had resulted from the question as to whether Ms. Lam was ment. provision which was added in the PA- asked to resign because she was hot on TRIOT Act re-authorization. That pro- the trail of criminal conduct relating A prosecuting attorney vested with vision had been added in the PATRIOT to the Cunningham case. We do not broad discretion can abuse that discre- Act conference report and had been know. But that is a question which tion, and there is case law to that ef- available for inspection from December ought to be inquired into. fect. A prosecuting attorney’s discre- 8, 2005, when the conference report was It is my view, as I review all of these tion is not unlimited. There is com- filed in the House, and March 2, 2006, matters, that there are disputed ques- ment published in Volume 64 of the when the report was adopted in the tions as to whether the eight U.S. at- Yale Law Journal which goes into that Senate. Though that conference report torneys who were asked to resign were issue in some detail. was available for some 85 days, it was doing their job or whether they were The question on my mind is whether not noted until we saw its application. not. we ought to use the occasion of this

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3246 CONGRESSIONAL RECORD — SENATE March 19, 2007 legislation and the attendant con- to the interim appointment of U.S. at- The PRESIDING OFFICER. The Sen- troversy about the replacement or ask- torneys in the PATRIOT Act reauthor- ator from Vermont is recognized. ing for the resignation of U.S. attor- ization be printed in the RECORD. Mr. LEAHY. Mr. President, I thank neys to legislate. Congress has the au- There being no objection, the mate- my friend from Pennsylvania. thority to circumscribe, to some ex- rial was ordered to be printed in the tent, the President’s authority to re- RECORD, as follows: First, I thank the Senators who move prosecuting attorneys. The inde- SEQUENCE OF EVENTS RELATING TO THE IN- began this debate. I have been told a pendent counsel statute, for example, TERIM APPOINTMENT OF U.S. ATTORNEYS IN number of family matters changed the provides that the Congress has pro- THE PATRIOT ACT REAUTHORIZATION ability of some to be here. vided that the independent counsel The interim US Attorney provision was may be removed by the Attorney Gen- first raised with staff on November 9, 2005. Over the last several months, the Ju- eral for cause. That is a legitimate ex- The provision was discussed at a staff level diciary Committee has used hearings, ercise of Congress’s constitutional au- and was included in the draft PATRIOT Con- investigation, and oversight to uncover thority under article I and does not im- ference report as a separate section and an abuse of power that threatens the under the title of ‘‘Interim Appointment of independence of U.S. Attorney’s Offices pinge upon the President’s constitu- US Attorneys’’ and was in each of the draft tional authority under article II. Conference reports circulated by the House around the country and the trust of all With respect to independent commis- Judiciary Committee, which chaired the PA- Americans in the independence of our sions, such as the Federal Trade Com- TRIOT Conference. Federal law enforcement officials. We mission, the Commissioners may be re- The House filed the Conference Report, H. have probed the mass firings of U.S. at- moved, but it has to have a higher level Rept. 109–333 on December 8, 2005. The Con- torneys. We are trying to get to the of showing of impropriety—something ference Report was agreed to on December truth in order to prevent these kinds of 14, 2005 in the House (House Roll no. 627). The in the nature of malfeasance or its abuses from happening again. equivalent. In taking a look at what Conference Report contained Sec. 502, which was clearly visible in the table of contents of might be done, there could be a provi- So today, the Senate finally begins the Report and titled as ‘‘Interim Appoint- debate on S. 214; that is, the Preserving sion that U.S. attorneys may be re- ment of US Attorneys’’; it was not hidden, moved or asked to resign only for but was in plain view for all Members to con- United States Attorney Independence cause. But that would impinge upon sider. Act of 2007. The bill was initially intro- the President’s traditional authority Floor Statements on the Conference Re- duced by Senator FEINSTEIN and me on to remove for no reason at all. I have port began in the Senate on November 17, January 9. On January 18 during a doubts as to whether we ought to go 2005 and ran through the Cloture Motion’s hearing on oversight of the Depart- that far, but I believe there is a strong initial defeat on December 16, 2005 (Senate ment of Justice, we asked the Attorney vote 358) until December 20, 2005. No mention case to be made for limiting the au- General about these firings. We then thority of the President to remove for was made of the Interim U.S. Attorney pro- vision in any floor statement during the 24 followed up with two hearings devoted a reason which is a bad reason, such as days the Senate debated the Conference Re- to the matter on February 6 and March the ones I have mentioned. port in the First Session of the 109th. 6. I placed the bill on the agenda for That kind of legislation would call The Conference Report was raised in floor the Judiciary Committee’s first busi- for a listing of a variety of situations speeches in the Senate again starting on ness meeting on January 25 but action which would justify removal: for exam- January 31, 2006. Debate ran until March 2, ple, the U.S. attorney could not be re- 2006 when the Senate adopted the Conference on the measure was delayed until our moved for pursuing a corruption inves- Report (Senate vote 29). No mention was meeting on February 8. At the time we tigation; the U.S. attorney could not made of the Interim U.S. Attorney provision debated the bill, considered and re- be removed for declining to prosecute in any floor statement during the 21 days the jected amendments, and the committee in a situation where that was within Senate debated the Conference Report in the on a bipartisan basis voted 13 to 6 to re- the justifiable discretion of the U.S. at- Second Session of the 109th. port favorably the Feinstein-Specter- In all, the Senate discussed the PATRIOT torney. Conference Report in some form on the Floor Leahy substitute. This issue has percolated now for for a total of 45 days. No mention was made We have sought Senate consideration some time, and the deeper we get into of the Interim U.S. Attorney provision even of this bill for more than a month now, this issue, the more we think about though it was not snuck into a managers’ various aspects which so far have not package or included as a technical fix, but but Republican objections have pre- been examined. My staff and I are look- was instead clearly labeled and provided its vented that debate and vote. But ing at the present time at such an own separate section. through the majority leader’s persist- amendment. I was informed today that Between December 8, 2005, when the Con- ence, he was ultimately able to obtain a unanimous consent agreement was ference Report was filed in the House, and consent to proceed to this measure March 2, 2006 when the Report was adopted entered into on Thursday which will today. I thank all Senators for finally in the Senate, the Conference Report was preclude further amendments. On this open to review for 85 days. During that en- allowing it to go forward. state of the record, any such amend- tire time, the provision was available for all My friend from California, Senator ment would be out of order. But we in- to see. FEINSTEIN, gave our bill a straight- tend to pursue it to see if we can struc- My staff searched the CONGRESSIONAL forward title: ‘‘The Preserving United ture an amendment which would make RECORD for the 85 day period in which the sense. If we do, there is always the op- Conference Report was under consideration. States Attorney Independence Act of tion of asking for unanimous consent There was no objection made to Section 502 2007.’’ We need to close the loophole ex- that an additional amendment be per- or the Interim U.S. Attorney provision in ei- ploited by the Department of Justice mitted on this bill under a limited ther the House or the Senate during that pe- and the White House that facilitated riod. The provision was in no way ‘‘slipped’’ time agreement. this abuse. into the PATRIOT Act Reauthorization. I know the majority leader is anxious Indeed, subsequent to the adoption of the The bill we have before us was ini- to move through this legislation and PATRIOT Conference Report, the Congress tially fought by the Department of move ahead to other items on the adopted a legislative package to make addi- Justice when it was in committee. It docket. I mention that possibility be- tional modifications to the PATRIOT Act. appears that even after these scandals, cause it is a work in process, and we No one requested any modification or elimi- may find it structurally possible to nation of the interim US Attorney provision there are people there who want to provide such an amendment which from the Conference Report in that legisla- continue to have this loophole that has would address some of the underlying tion. been so badly misused. But likely be- problems confronting us in the present Mr. SPECTER. Mr. President, I note cause of the public outcry against the situation. the presence of my distinguished col- administration’s attempt to maintain Mr. President, I ask unanimous con- league, Senator LEAHY, and yield the that loophole and the ability to do sent that a sequence of events relating floor. what no one intended them to do, we

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3247 had a meeting in my office on March 8 General meant? Or when the Attorney is a crippling signal to send to law en- in which the Attorney General finally General and the President say ‘‘past forcement. said the administration would no mistakes were made,’’ did they mean it Those fired have had their reputa- longer oppose this bill. So I trust that was a mistake to generate, with White tions rehabilitated to some degree by tomorrow when the Senate votes on House political operatives, a hit list for coming forward as we have publicly ex- this legislation, we will pass it and firing hard-working U.S. attorneys and amined the facts of their firings. But take a step toward restoring the inde- to ensure that what they call—and those circumstances raise questions pendence of Federal law enforcement these were their words—‘‘loyal with respect to those retained and in this country. Bushies’’ are retained? Or when they what they had to do to please the Even if we pass the bill, the Judici- say ‘‘mistakes were made,’’ did they White House political operatives in ary Committee will continue to inves- mean it was a mistake to name more order to keep their jobs. The mass tigate the firings. We will summon ‘‘loyal Bushies’’ to replace those U.S. firings have thus served to undermine whoever is needed to learn the truth. attorneys who have shown the kind of the confidence of the American people What we have already learned from the independence they are supposed to in the Department of Justice and their few documents we have seen from the show in exercising their law enforce- local U.S. attorneys. Department of Justice appear to con- ment authority and who have acted A recent study of Federal investiga- firm the Attorney General, officials at without fear or favor based on political tions of elected officials and candidates the Department of Justice, and offi- party? shows a political slant in the Bush Jus- cials at the White House had pre- Because when a crime is committed, tice Department in public corruption viously misled Congress and the Amer- you do not ask whether the victim was cases. The study found that between ican people about the mass firings and a Republican or a Democrat. You ask if 2001 and 2006, 79 percent of the elected the reasons behind them. a crime was committed. If a crime was officials and candidates who have faced The most fundamental problem is committed, you expect the prosecutor a Federal investigation were Demo- that this administration has appar- to prosecute. You do not expect them crats and only 18 percent Republicans. ently insisted on corrupting Federal to be fired if they step on the toes of ei- It seems their track record is wanting, law enforcement by injecting crassly ther political party. and they have been caught again with partisan objectives into the selection This is an administration that seeks their hand in the cookie jar. and evaluation and firing and replace- to justify its unilateralism by an ex- Of course the President has the ment of top Federal law enforcement pansive application of what it calls a power to appoint U.S. attorneys. No- officers around our country—our U.S. ‘‘unitary executive theory’’—every- body questions that. What is raising attorneys. thing comes from the President on concerns is the apparent abuse of that When you corrupt it at that level, at down. But do you know what. With all authority by removing U.S. attorneys the prosecutor level, you affect every- that authority and all that control, for improper reasons. In the same way body—all the police, all the investiga- when they get caught with their hand any employer has the power to hire, we tors, all the agents who report to the in the cookie jar all of a sudden no one know people cannot be fired because U.S. Attorney’s Office—because if they knows anything, no one can remember they are Catholic or because of their think the investigations they carry out anything, no one did anything, and no race or because they are whistle- have to reflect certain partisan poli- one told the President. ‘‘Oh, my good- blowers. tics, then they cannot do their job. Ul- ness gracious, we didn’t know this hap- The power of employment is not timately, it hurts not just the people pened until we picked up the papers.’’ without limit. It can be abused. When in law enforcement, it hurts every man Obviously, they did not know it hap- it is abused in connection with polit- and woman in the United States of pened when they were testifying up ical influence over Federal law enforce- America. here under oath the first time around ment, the American people and those We have heard the Attorney General to tell us what happened. and even the President use what Wil- Instead, ‘‘mistakes were made.’’ Is of us who are entrusted with the power liam Schneider has called the ‘‘past ex- the only ‘‘mistake’’ they are now will- to represent them have a right to be onerative’’ tense in conceding ‘‘mis- ing to concede their failure to cover up concerned. We need the facts. We do takes were made.’’ The ‘‘past exoner- the White House influence over the not need more spin. We do not need an- ative’’ tense. I remember conjugating Justice Department? Is the only ‘‘mis- other cover story. We do not need an- my verbs in grade school. We learned take’’ they will admit that they got other ‘‘We will come up to the Hill. We about verbs, adjectives, adverbs, every- caught in a series of misleading state- will brief you on this. Let’s have a thing else. I guess it took this adminis- ments to Congress, the media, and the quiet little briefing. We will tell you tration to bring up the ‘‘past exoner- American people? I still wonder if what is going on.’’ And then we pick up ative’’ tense. Sister Mary Gonzaga those in the administration or the At- the paper 2 days later and find out probably would have wondered what I torney General understand the serious- what they left out. was saying had I come up with that ness of this problem. Oh, I want a briefing, all right. I when I was in school. Of course, mistakes were made. That want a briefing where they stand be- Now let’s take a look at their use of is why we are here. It is our oversight fore us and raise their right hand and this ‘‘past exonerative’’ tense. Attor- duty to discover who made those mis- swear to tell the truth, the whole ney General Gonzales has yet to speci- takes and how and why they made truth, and nothing but the truth, so fy what mistakes he made. So what them. I have said many times, the help them God. Then we will ask them mistakes were made? Was it a mistake Members of the Senate and the Mem- questions; both Democrats and Repub- to allow the White House, through the bers of the other body should never be licans will. And the American people President’s top political operative and rubberstamps. We are elected independ- will be able to determine who is telling his White House counsel, to force the ently. We respond to the American peo- the truth. firing of a number of high-performing, ple. We are supposed to ask questions I made no secret during our con- Bush-appointed U.S. attorneys? Or when something happens. firmation proceedings of my concern when he says ‘‘mistakes were made,’’ What we have seen so far corrupts whether Mr. Gonzales could serve as an did he mean it was a mistake for the the Federal law enforcement function. independent Attorney General on be- President and his top political It has cast a cloud over all U.S. attor- half of the American people and leave operatives to tell the Attorney General neys. Now every U.S. attorney is under behind his role as counselor to Presi- and others in the Department about that cloud. People are asking: If they dent Bush. concerns that U.S. attorneys are not were not fired, if they were kept on, is As the Nation’s chief Federal law en- pushing fast enough or hard enough to that because they are ‘‘loyal Bushies’’? forcement officer, he must carry out indict Democrats but were pushing too Does that mean they will only go after his responsibilities and exercise his hard and too fast in indicting corrupt crime if it hurts Democrats but not if awesome authority on behalf of the Republicans? Was that the past mis- it hurts Republicans? What an awful American people. He has to enforce the take the President and the Attorney signal to send to law enforcement. This law. He has to honor the rule of law. He

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3248 CONGRESSIONAL RECORD — SENATE March 19, 2007 must act with the independence nec- The calls to the U.S. attorneys across ican public, whoever is within the area essary to investigate and prosecute the country last December, by which the prosecutor represents, feels safer wrongdoing without fear or favor. they were forced to resign, were ex- because they know you are not playing The political interests of the Presi- traordinary. favorites. I lived my life that way as a dent cannot be his guiding light. When Unlike during the Watergate scandal, prosecutor and I know many Repub- he said as recently as January 18 at our there is no Elliott Richardson or Wil- licans and Democratic Senators in this hearing that the President is his ‘‘prin- liam Ruckelshaus seeking to defend Chamber who are former prosecutors cipal,’’ when he says in an interview he the independence of the Federal pros- did the same. wears two hats—as a member of the ecutors. Instead, we have a cabal of the I am worried that even successfully President’s staff and as head of the Attorney General, the Deputy Attor- restoring the law is not going to undo Justice Department—then he has for- ney General, the Executive Office of the damage done to the American peo- gotten what the Attorney General is. U.S. Attorneys in the White House, all ple’s confidence in Federal law enforce- The President has a lawyer. The apparently collaborating in efforts to ment. For that, we need to get to the President has counsel. It is not the At- sack a number of outstanding U.S. at- truth and real accountability. But then torney General. This is not the Attor- torneys. Then when it becomes public I think all of us in both parties now, ney General of the President. This is and when the first time in 6 years the and no matter who holds the White the Attorney General of the United House and Senate actually dare ask House 2 years from now, must renew a States of America. His clients are the questions about what is going on, the commitment to insulate Federal law American people and his principles administration, amazed they have been enforcement officers from the cor- must be devoid of partisan politics. He questioned about their actions, starts a rupting influence of partisan politics is not there as the President’s loyal series of shifting explanations and ex- and the corrosive influence of White counsel. He is there as the Attorney cuses. Lack of accountability or ac- House intrusion into law enforcement General of the United States of Amer- knowledgment of the seriousness of activities. ica, for every single one of us. His mis- this matter makes it all the more trou- Mr. President, I will have more to sion is not to provide legalistic excuses bling. say on this later. I see my friend from or defenses for unlawful actions of the The Attorney General’s initial re- Arizona who has been waiting pa- administration, such as the warrant- sponse at our January 18 hearing when tiently, and I yield the floor. less wiretapping of Americans or the we asked about these matters was to Mr. KYL. Mr. President, I ask unani- use of torture and the issuing of sign- brush aside any suggestion that poli- mous consent that at the conclusion of ing statements to excuse following the tics and the appearance of ongoing cor- my remarks a letter I wrote to all of law. He is not the one who should be ruption investigations were factors in my colleagues in the Senate, dated excusing this kind of outrageous con- the mass firings. But now we know March 19, regarding interviewing U.S. duct. He should enforce the law. He that contrary to what he told us then, attorneys be added to my statement as should ensure that Federal law enforce- these factors did play a role in this well. ment is above politics. What kind of troubling project. The PRESIDING OFFICER. Without signal do we send to our Federal law Today and tomorrow we can take a objection, it is so ordered. enforcement agencies if we suggest to step forward by fixing the statutory ex- (See exhibit 1.) them they cannot do their job without cess that opened the door to these un- Mr. KYL. Mr. President, there has checking the political credentials of toward actions. I commend Senator been a lot of discussion over the course the people they are investigating? FEINSTEIN for leading this effort. I of the last couple of hours about the The President can pick anybody he commend Senator SPECTER for joining firing of seven U.S. attorneys and a lot wants to serve on his White House her. We have all cosponsored the sub- of speculation about why that oc- staff—and he does. But when it comes stitute to restore the statutory checks curred. I suggest it is important to find to the U.S. Department of Justice and that have existed for the last 20 years. out the facts and then we can quit to the U.S. attorneys in our home It is time to take that first step toward speculating and we will know what States, Senators have a say and a restoring independence by rolling back those facts were. stake in ensuring fairness and inde- a change in law that has contributed to I wish to change the subject a little pendence to prevent the Federal law this abuse. bit to what we are going to do about it. enforcement function from untoward There have been no good answers to Actually, the Judiciary Committee political influence. That is why the law our questions about why the adminis- passed a bill which is on the floor and and the practice has always been these tration removed U.S. attorneys with- will be amended tomorrow, I hope, and appointments require Senate confirma- out having anybody lined up to replace then we will vote on that bill tomor- tion. The advice and consent check on them or why home State Democratic row. It relates to what was conceived the appointment power is a critical Senators were not consulted in ad- to be at least part of the problem here. function of the Senate. That is what vance. There is no explanation for why The problem was that in the PATRIOT this administration insisted be elimi- there are now 22 out of the 93 districts Act, a provision of law relating to ap- nated. They wanted to do away with with acting or interim U.S. attorneys pointment of U.S. attorneys was that check and balance. They wanted instead of Senate-confirmed U.S. attor- amended to allow the Attorney General to do away with the confirmation proc- neys. to put into office what is called an in- ess. So they had inserted in the reau- I look at this in light of my own ex- terim U.S. attorney who would never thorization of the PATRIOT Act a pro- perience. I am very proud of the fact I have to come before the Senate for con- vision to remove limits on the ability was a prosecutor. The only thing in my firmation. Early on, there was specula- of the Attorney General to name an in- personal office that has my name on it tion that the reason these seven U.S. terim U.S. attorney. That is what our is a plaque from my prosecutor’s office attorneys were asked to resign was so bill intends to restore. presented to me by the police when I the administration could put someone We have seen again the effects of let- left office, and it also has my shield, else in their place without going ting politics infiltrate the Department my badge as a prosecutor. I used to in- through the regular confirmation proc- and undermine its independence and still in the police and those prosecutors ess of a nominee by the President. Ex- the independence of its law enforce- who worked for me: You don’t take cept for the U.S. attorney in Arkansas, ment function. As we have learned sides. Nobody is a Democrat or a Re- however, there appears to be no evi- more about these events over the last publican when crimes are committed. dence that was the case. few months, I was reminded of a dark We don’t take sides. If you keep em- In the case of Arizona, for example, it time some 30 years ago when President phasizing this and proving it by the is clear it was not the case. There was Nixon forced the firing of the Water- way you carry out your office, then po- no one ready to be appointed as in- gate prosecutor Archibald Cox. Not lice work better, investigators work terim U.S. attorney. In fact, Senator since what came to be known as the better, courts work better, the grand MCCAIN and I have recommended an in- ‘‘Saturday Night Massacre’’ have we juries work better, because they know dividual to the President for his con- witnessed anything of that magnitude. you are not playing politics. The Amer- sideration to be nominated to fill the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3249 vacancy that now exists. Nonetheless, lying bill. But the reality is we there is when the President nominates there was concern this statute shouldn’t have Federal district judges someone. This system, which S. 214 shouldn’t remain on the books, that it making these nominations, and if our puts back in place, is a solution that shouldn’t be that the Attorney General goal is to have the President make the doesn’t solve the problem that we have can appoint an interim U.S. attorney nomination and enable the Senate to set out to address. who never has to come to the Senate act on the nomination, the only There is a third problem with this for confirmation. amendment that does that is my underlying bill. The judges don’t want I think there is a general consensus amendment. the authority. In the past, when dis- that that statute should be changed I ask my colleagues on both sides of trict judges have had the authority to and that the President should nomi- the aisle to remember we are not al- appoint interim U.S. attorneys, some nate people and the Senate should have ways going to have a Republican Presi- have simply refused to do so. Inciden- an opportunity to act on the nomina- dent and a Democratic Senate. We are tally, the statutory language is ‘‘may,’’ tion. going to have a Democratic President not ‘‘shall.’’ If they don’t appoint An interesting thing has occurred, some day and a Democratic Senate or a judges, then the very concern that the however. The legislation which has Republican Senate or a Republican Democratic Senators have had that an been proposed doesn’t achieve the ob- President and a Republican Senate. All interim U.S. attorney is appointed and jective. It doesn’t even begin to the permutations will exist and politics serves is exactly what happens. So achieve the objective. So I drafted an should play no role in it. We should judges don’t want the authority, and amendment which I will be offering to- want the President to nominate to fill there have been at least three such oc- morrow that actually achieves the ob- the vacancy and we should want the casions during the current Bush admin- jectives. It says: The President has to Congress to have a chance to act on istration when a district judge has re- nominate to fill the vacancy and the that nomination. That is what my fused to appoint an interim U.S. attor- Congress has to act on the nomination, amendment provides. ney and, in fact, they have had good and it provides a very strong incentive The committee-passed bill, the num- reason. It is at least a potential con- for the President to comply with the ber is S. 214, restores the interim U.S. flict of interest for the district judge, law because if he doesn’t, then attorney appointment statute that ex- who presides over criminal cases, to Congress’s requirement to act on any isted between 1986 and 2006. As I said, also select a U.S. attorney who pros- of his U.S. attorney nominations for that system, which delegates to Fed- ecutes those cases. It is for this reason the entire remainder of his term is viti- eral judges the authority to appoint in- that some judges have refused to inter- ated. So if he wants strong and quick terim attorneys, has several flaws. vene in this area and select U.S. attor- action by Congress on his nominees, he First, as I said, S. 214 does not ensure neys. has to do his part and actually nomi- the President will nominate a U.S. at- Yet with the committee-reported nate somebody within the 120 days re- torney. Whoever serves in a district bill, we once again foist this authority quired by my amendment. should be someone who is nominated on the judges. Why are we doing this— Now, that achieves both objectives by the President, not a district judge. restoring power to the district judges we are trying to achieve here: that the It is the President, not the district that those judges don’t want and have President will actually nominate and court, who is charged by the Constitu- refused to use in the first place? Why the Congress will have a chance to act tion with ensuring that the laws are are we forcing them to take actions on the nomination. The underlying faithfully executed. It is the Presi- that judges themselves, for good rea- bill, unfortunately, does not achieve dent’s job to enforce the law. To do son, see as a potential conflict of inter- that objective. It reverts to the old law that effectively, he needs to have in est? which doesn’t require the President to place U.S. attorneys who are account- There is a fourth reason why this is nominate, and if he doesn’t, it has U.S. able to him. If he is not bringing im- not a good idea. Unfortunately, some district court judges nominating U.S. portant prosecutions or enforcing par- district judges have not acquitted attorneys, something they don’t want ticular statutes, he and his superiors themselves very well when they have to do and they haven’t been very good need to be held accountable. But if that exercised the power to appoint U.S. at- at, and, in any event, confuses their ar- U.S. attorney were appointed by a dis- torneys. A Federal district judge may ticle 3 responsibilities with the article trict judge, there is no one to complain have the measure of the legal abilities 2 responsibilities of U.S. attorneys. It to. Judges, after all, have lifetime ten- of the lawyers who practice in his dis- is not a good idea, and it doesn’t solve ure. It is only by ensuring that U.S. at- trict, but he has no way to gauge their the problem that people perceive ex- torneys are appointed by the President managerial skills, which is an impor- isted. that we can ensure there is ultimate tant quality in a successful U.S. attor- My amendment also eliminates the accountability in the system. ney. A district judge doesn’t even have current statute relating to interim This is, after all, the way in which access to a candidate’s personnel file nominees so the President could no the Constitution envisioned that ac- and would not know of potentially dis- longer appoint these interim nominees countability for enforcing the laws qualifying information or conflicts of who would have to be confirmed by the would be charged—by charging the interest in that file. Senate, or at least acted upon by the President with the duty to enforce the Allow me to describe two cases under Senate. So I believe my amendment law. the old system where the appointment goes directly to the concern that our The second flaw in the underlying of a U.S. attorney by a district judge Democratic colleagues have had re- bill is that the Senate has no say in the led to a situation that can only be de- garding this issue. I would hope poli- selection of U.S. attorneys appointed scribed as a fiasco: tics wouldn’t play a part in the consid- by a district judge. One of the major In the Southern District of West Vir- eration of my amendment. This issue complaints about the administration’s ginia, in 1987, the U.S. attorney for the generally has been so politicized—ev- handling of the interim U.S. attorney District of West Virginia was con- erybody has chosen up teams. I would appointment authority is that it did firmed to be a Federal judge. When the hope that conversation would not be not consult with home State Senators; term of the interim U.S. attorney ex- confused with the practical solution to that, in fact, some individuals sought pired, the chief district judge ap- the problem everybody has agreed ex- to use the authority to avoid con- pointed another individual as U.S. at- ists, and that Members on both sides, sulting with Senators. torney. This individual was not a Jus- in a very clear-eyed way, could con- It is right that the Senate take ac- tice Department employee and had not sider which of the solutions represents tion in an effort to protect its preroga- undergone an FBI background inves- the best option of solving the problem. tives, but letting judges pick U.S. at- tigation. The court’s appointee came My colleague Senator SESSIONS has a torneys does not protect the Senate’s into office and started asking about on- proposed solution which, in the event rights. Senators have absolutely no say going public integrity investigations, my amendment were not adopted, I in the selection of a U.S. attorney who including investigations involving the would support as well, because it at is picked by a judge. There is no con- mayor of Charleston and the State’s least improves somewhat on the under- firmation of the judge’s selection as Governor. Not only were this mayor

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3250 CONGRESSIONAL RECORD — SENATE March 19, 2007 and Governor under investigation by criminal defendants in the district in- Finally, I note that S. 214’s system of the U.S. Attorney’s Office at the time, dicated that they would challenge on- judge-made interim appointments is both were later indicted and convicted going investigations and cases on the duplicative of the designation of acting of various Federal crimes. basis that they could not know who U.S. attorneys under the Vacancies The first assistant U.S. attorney, was in charge. The chief judge then re- Act. We are effectively creating two who knew that the district court’s U.S. fused to negotiate a resolution to the different and redundant systems for ap- attorney had not undergone a back- situation. Eventually, in order to pro- pointing ‘‘temporary’’ U.S. attorneys. ground investigation, believed that tect ongoing criminal cases, the Presi- That makes no sense and creates obvi- these inquiries about pending inves- dent was forced to resolve the situation ous potential problems. For example, tigations of local politicians were inap- by firing the district judge’s U.S. attor- this system would make it possible for propriate and reported them to the Ex- ney. The matter was not completely re- an individual to be consecutively des- ecutive Office for United States Attor- solved until another U.S. attorney was ignated as an acting U.S. attorney and neys in Washington, DC. The Justice confirmed by the Senate the next year. serve in that post for 210 days and then Department eventually had to remove Don’t we want to avoid this situation be appointed as interim U.S. attorney the investigative files involving the in the future? We are going to be ask- and serve another 120 days. So he can Governor from that U.S. Attorney’s Of- ing for this kind of problem if we pass be reappointed and reappointed again, fice for safekeeping. The Justice De- S. 214, the bill pending before us now. if the Attorney General wanted to do partment also had to direct the court’s Far better it would be to adopt the so. This is nearly a whole year that appointee to recuse herself from some amendment that I will offer that pre- someone could serve as U.S. attorney criminal matters until a background cludes this from occurring. without ever being confirmed or acted Let me point out another very seri- check could be completed. This situa- upon by the Senate, without the nomi- ous problem that I don’t think the au- tion wasn’t resolved until another U.S. nation ever being sent to us. thors of the legislation have even Mr. President, we can all agree there attorney was confirmed by the Senate. thought of or they clearly would have Mr. President, at the very time that is a problem. The solution, which was tried to fix it. S. 214 does not prevent some Democrats are suggesting that it very quickly devised, is not a solution the Attorney General from making just might be—there is no evidence, at all, as I have demonstrated. We can multiple consecutive appointments of do better. There is nothing partisan but it just might be that one or more the same interim U.S. attorney. In about what I suggest. It would work of these U.S. attorneys was removed other words, the very thing they are equally for Republican and Democratic because they were hot on the trail of afraid of—that the President got rid of Presidents and Republican and Demo- some Republican officeholder, they these people so the Attorney General cratic Senates. To that end, I will offer were involved in a political investiga- could put his own person in office—is an amendment on Tuesday that will tion or an investigation of a political precisely what would be permitted achieve these goals of ensuring that person, and that was the reason they under the bill pending before the Sen- U.S. attorneys are promptly nominated were removed—again, there is no evi- ate because it reinstates the exact lan- by the President and that the Senate dence, but that is the suggestion—why guage that existed before the statute has an opportunity to act on the nomi- would you want to substitute for that was amended in 2006: the Attorney Gen- situation a statute that goes back to eral could make consecutive 120-day nation. My amendment, again, requires that the way it used to be, which allowed appointments of interim U.S. attor- the President nominate a U.S. attorney the same thing to occur as in the case neys. in West Virginia that I just cited? Why Has this ever been done? There is at candidate within 120 days of vacancy. not change the situation so that the least one case where the Attorney Gen- It then requires that the Senate con- President must nominate, and the Sen- eral appointed a U.S. attorney to four sider the nomination within 120 days ate explicitly has a right to act on that consecutive 120-day interim terms. after it is submitted. In order to en- nominee by either confirming or re- Well, that is a year and a half, by my courage the President to abide by these jecting the nominee? reckoning. This incident occurred in time limits, the amendment provides That is the check and balance we the Eastern District of Oklahoma dur- that if the President fails to nominate need, rather than going back to the ing the years 2000 and 2001. As a result, an attorney candidate in any district way it used to be, where the judge can that district had an interim U.S. attor- within the time limit, then the 120-day appoint and we end up with problems ney who had been appointed by the At- limit on Senate consideration is viti- like this involving investigations of po- torney General for over a year. Simi- ated for all U.S. attorney nominations litical corruption. larly, in Florida, in 2005, an interim for the remainder of the President’s Another case occurred in the District U.S. attorney was appointed by the At- term in office. In effect, in order to of South Dakota. In 2005, when the torney General. After the 120-day term enjoy the substantial benefits of term of an interim U.S. attorney was ran out, the Attorney General ap- prompt Senate consideration of his about to expire, the chief district judge pointed that individual to another in- nominees, the President would be re- told the Justice Department he wanted terim term. After that term ran out, quired to, himself, nominate promptly. to appoint an individual who didn’t the Attorney General appointed him to My amendment makes one other im- have any Federal prosecutorial experi- a third interim term. portant change. It completely repeals ence, had not undergone a background This practice is what the language of the interim U.S. attorney statute, as I check, and did not have the necessary the 1986 law allowed. It is the same lan- said, which is what people have gotten security clearances. The Justice De- guage that is in the bill that is before all concerned about in the first in- partment strenuously objected. Once us now. It is obvious that much of the stance but seem to have forgotten. The the Justice Department believed the impetus for the present legislation is a interim authority is unnecessary in matter had been resolved, the Attorney desire to rein in the Attorney General’s light of the Vacancies Act and has General appointed another candidate. authority to appoint interim U.S. at- caused a host of problems. By repealing A Federal judge executed the oath of torneys without Senate confirmation. this authority, my amendment would office for this appointee and copies of Yet I submit that such power hasn’t ex- effectively bar the President or a judge the Attorney General’s order were sent actly been ‘‘reined in,’’ and the Sen- from appointing any long-term U.S. at- to the district court. ate’s prerogatives are not protected, by torney without Senate confirmation. Ten days later, the Justice Depart- a system that allows the Attorney Any temporary gap in the office of U.S. ment received a fax indicating that the General to make consecutive appoint- attorney would be addressed by the Va- chief district judge had changed his ments of non-Senate-confirmed U.S. cancies Act, which applies to all Sen- mind and ‘‘appointed’’ the earlier, un- attorneys, which is precisely what the ate-confirmed executive appointments acceptable candidate as U.S. attorney. bill before us would allow. That system and allows another employee or offi- This created a situation where two clearly falls short of ensuring that U.S. cer—presumptively the first assist- different people claimed to be the U.S. attorneys are subject to U.S. Senate ant—to carry out the function and du- attorney for the District of South Da- confirmation, which is one of our two ties of the office subject to various kota. Defense lawyers representing goals. time limits and other requirements.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3251 Mr. President, especially those who secutive 120-day appointments of interim (2) by inserting after subsection (a) the fol- are upset about recent events should U.S. attorneys. In at least one case, the At- lowing: support a complete repeal of the in- torney General appointed a U.S. attorney to ‘‘(b)(1) Not later than 120 days after the four consecutive 120-day ‘‘interim’’ terms. date on which a vacancy occurs in the office terim authority. It is only a complete Such a system falls short of ensuring that of United States attorney for a judicial dis- repeal that will ensure that U.S. attor- U.S. attorneys are subject to Senate con- trict, the President shall submit an appoint- neys are appointed by the President by firmation. And finally, S. 214’s approach is ment for that office to the Senate. and with the advice and consent of the duplicative of the designation of Acting U.S. ‘‘(2) Except as provided in paragraph (3), Senate. It is only a complete repeal attorneys under the Vacancies Act, 5 U.S.C. not later than 120 days after the date of the submission of an appointment under para- that will prevent consecutive appoint- § 3345 et seq., and potentially allows an indi- vidual to be consecutively designated as an graph (1), the Senate shall vote on that ap- ments of U.S. attorneys by the Attor- pointment. ney General. It is only a complete re- Acting U.S. attorney, and then as an interim ‘‘(3) If the President fails to comply with U.S. attorney—again avoiding Senate con- peal that will prevent the stacking of paragraph (1) with regard to the submission firmation for a substantial period of time. of any appointment for the office of United the interim and acting terms as U.S. I believe that we can do better. To that States attorney, paragraph (2) of this sub- end, I will offer an amendment on Tuesday attorney. Only a complete repeal en- section shall have no force or effect with re- that will achieve our goals of ensuring that sures that Senators will always have a gard to any appointment to the office of say in who serves for the long term as U.S. attorneys are promptly nominated by United States attorney during the remainder the U.S. attorney in their State. the President and that the Senate has an op- of the term of office of that President.’’. portunity to act on those nominations. My The interim appointment authority SEC. 3. REPEAL OF INTERIM APPOINTMENT AU- has lately become a contentious and amendment: (1) Would require the President THORITY. to nominate a U.S. attorney candidate with- Section 546 of title 28, United States Code, very politicized issue. It need not be. It in 120 days of a vacancy. It then would re- is particularly in times such as these is repealed. quire the Senate to consider the nomination The PRESIDING OFFICER. The Sen- that the Senate must do what was des- within 120 days after it is submitted. In order to encourage the President to abide by these ator from Alabama is recognized. ignated by the Framers to do: cool the Mr. SESSIONS. Mr. President, I passions and look to the long term. I time limits, the amendment also would pro- vide that if the President fails to nominate a thank Senator KYL for his work and hope my colleagues will do this when I thoughtfulness on this subject. A situa- present my amendment tomorrow. I U.S. attorney candidate in any district with- in the time limit, the l20-day limit on Senate tion that has always caused enemies is hope we will lay partisanship aside and consideration is vitiated for all U.S. attor- when judges—the judicial branch—ap- that my amendment will be supported. ney nominations for the remainder of that point officials of the executive branch. EXHIBIT 1 President’s term in office. In effect, in order In particular, a judge is supposed to be U.S. SENATE to enjoy the substantial benefits of prompt a neutral arbiter for the contest going Washington, DC, March 19, 2007. Senate consideration of his nominees, the on before him. If he appoints the coach Re Interim U.S. Attorneys. President would be required to nominate promptly. or the quarterback of one of the teams Dear Colleague: There is a consensus that Finally, my amendment: (2) Would com- it seems as though he may not be fa- the changes made to the interim U.S. attor- pletely repeal the interim U.S. attorney cilitating a fair trial. It creates a per- ney statute, 28 U.S.C. § 546, by the Patriot statute, 28 U.S.C. § 546. The interim author- ception that I believe is not healthy. Improvement and Reauthorization Act, Pub. ity is unnecessary in light of the Vacancies L. 109–177, were a mistake. It is my hope that Some judges have actually refused to Act and has caused a host of problems. By re- appoint a U.S. attorney. They didn’t we will not compound that mistake with an- pealing this authority, my amendment other—namely, involving Federal district would effectively bar the President (or a think they should be taking sides in judges in the appointment of U.S. attorneys. judge) from appointing any long-term U.S. lawsuits that would come before them During Monday’s debate and Tuesday’s attorney without Senate confirmation. Any or stating to the world that they were, vote, I urge you to consider that in the fu- temporary gap in the office of U.S. attorney in effect, choosing and validating the ture both Democrats and Republicans will would be addressed by the Vacancies Act, integrity and their support for one of control the Senate, and both a Democrat and which applies to all Senate-confirmed execu- the advocates who appears before a Republican will serve as President. The so- tive appointments and allows another em- them. lution that we adopt should be one that we ployee or officer (presumptively the First That is pretty basic to our system. are ready to live with under all combinations Assistant) to carry out the functions and du- of these circumstances. It should be a solu- But we have had a different procedure ties of the office subject to various time lim- for appointing interim attorneys for tion that ensures that the President timely its and other requirements. nominates U.S. attorneys, and that those The interim appointment authority has many years. It has been discussed over U.S. attorneys are subject to confirmation lately become a contentious and very politi- time as being unwise, but nothing ever by the Senate. cized issue. It need not be. It is particularly happened until the PATRIOT Act reau- S. 214, the committee-reported U.S. attor- in times like these that the Senate must do thorization. Then, when we finally neys bill, does not meet these goals. My pro- what it was designed by the Framers to do: changed the procedure for interim ap- posed amendment does. S. 214 restores the To cool the passions and look to the long pointments, I think we didn’t do it interim U.S. attorney appointment statute term. I hope that you will do so—and that that existed between 1986 and 2006. That stat- well. We fixed the problem but left a you will support my amendment. big loophole that does need to be ute, which delegates to Federal judges the Sincerely, authority to appoint interim U.S. attorneys, worked on. On balance, the Kyl amend- JON KYL. has several flaws. First, it does not ensure ment is preferable to going back to the AMENDMENT NO. 459 that the President will nominate a U.S. at- Mr. KYL. Mr. President, I call up my old system, and I support it. torney. Second, the Senate has no say in the I also note there has been a lot of amendment which, I understand, is at selection of a U.S. attorney who is appointed talk about politics and the Department by a district judge. the desk. of Justice. I served as a U.S. attorney Moreover, judges do not want this author- The PRESIDING OFFICER. The ity. Some have simply refused to appoint in- for 12 years. I served as an assistant clerk will report. 1 terim U.S. attorneys, finding it a potential The legislative clerk read as follows: U.S. attorney for 2 ⁄2 years. I came to conflict of interest for the district judge who The Senator from Arizona [Mr. KYL] pro- know and love and respect that office. presides over criminal cases to also select poses an amendment numbered 459. It is a very great and important office. the U.S. attorney who would prosecute those Mr. KYL. Mr. President, I ask unani- To be able to go into a court of the cases. And finally, some district judges have United States of America and to stand not acquitted themselves well when they mous consent that reading of the amendment be dispensed with. before that jury and that judge and all have exercised the power to appoint U.S. at- the parties who are there and the court torneys. A Federal district judge may have The PRESIDING OFFICER. Without the measure of the legal abilities of the law- objection, it is so ordered. says: Is the United States ready? And yers who practice in his district, but he is in The amendment is as follows: you say: The United States is ready, no position to gauge an individual’s manage- (Purpose: To ensure that United States at- Your Honor—to speak for the United ment skill—an important quality in a suc- torneys are promptly nominated by the States of America, to represent the cessful U.S. attorney. A district judge does President, and are appointed by and with United States of America in court is a not even have access to a candidate’s per- the advice and consent of the Senate) high honor and a tremendous responsi- sonnel file and would not know of disquali- On page 2, strike line 10 and all that fol- bility. fying information in that file or of potential lows and insert the following: My impression, my entire experience conflicts of interest. SEC. 2. PROMPT NOMINATION AND CONFIRMA- was that when faced with difficult An additional problem, which may be of TION OF UNITED STATES ATTOR- choices, if I called the people in Wash- concern to those who are eager to respond to NEYS. recent events, is that the permissive lan- Section 541 of title 28, United States Code ington and sought their advice or help guage of the pre-2006 statute—the same lan- is amended— or insight into how to handle a dif- guage that S. 214 restores—was understood (1) by redesignating subsections (b) and (c) ficult matter, they were very respect- to allow the Attorney General to make con- as subsections (c) and (d), respectively; and ful of my decisionmaking process.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3252 CONGRESSIONAL RECORD — SENATE March 19, 2007 They would provide support and advice, criminal cases or civil cases, for that Years ago, assistant U.S. attorneys and they usually deferred to the deci- matter. That is what he does. would resign when Presidents were not sion of the prosecutor. We have this sense in which an ap- reelected. The whole office would re- They have strict regulations that re- pointment of a U.S. attorney is both sign. As a matter of fact, when I came quire cases to be reviewed at various political and nonpolitical. Let me tell on in 1980, several offices still had that levels in the Department before an in- my colleagues how it works. This is tradition, and in several offices, when dictment can be returned because the very important. Most U.S. attorneys the new U.S. attorney walked in, there U.S. attorney is not a free agent. They are recommended to the President or was nobody there. They thought that are not entitled to indict anyone they known to the President to have certain was the right thing to do—to turn it choose without any review within the abilities. People make recommenda- over and let the new President and new Department of Justice, any oversight tions. If it is a Republican President, U.S. attorney hire whom he or she at all. A lot of us thought sometimes they tend to appoint Republican U.S. wanted to run the office. there was too much of that, but it was attorneys. If it is a Democratic Presi- That has ended, I think correctly. mainly a bureaucratic headache you dent, they tend to appoint Democratic Now in every U.S. Attorney’s Office, had to go through with some cases. U.S. attorneys. Local Congressmen and there is a deep cadre of experienced ca- The U.S. attorney is appointed by the Senators—particularly Senators, since reer prosecutors. The U.S. Attorney’s President. Presidents who take office we are in the confirmation process— Office is much larger today. They have routinely replace U.S. attorneys who make these recommendations to the grown in size, and they have a deep were there and appoint people they be- President. He listens to them and gives cadre of professional assistants, many lieve are able and who will execute great weight to the recommendations. of whom are appointed by different po- So most of the people who are ap- their approaches, their policies of law litical parties of different Presidents, pointed have some sort of political her- enforcement and litigation. That is different Attorneys General, and se- itage or background, but when you what a Presidential election entails. take that oath, when a person becomes lected by different U.S. attorneys. When we elect a President, we under- Everybody, if they are doing their job a U.S. attorney and they are asked to stand they are going to appoint U.S. correctly—and I am convinced that evaluate the merits of an existing case attorneys who will be responsible for most do, overwhelmingly they do— before them as to whether a person their effort, and if they refuse to pros- should be charged, as to what kind of they make decisions on cases based on ecute immigration cases, for whatever plea bargain should be entered into in the merits. If someone in the office reason they might decide, and the the course of a prosecution, they tries to upset that or if some U.S. at- United States public knows about this, should follow the law, they should fol- torney tries to squash or cover up a what recourse do they have? They can low their personal integrity and do the case that should be prosecuted or a vote against the President if he ap- right thing regardless of any politics, U.S. attorney tries to prosecute some- points somebody who won’t enforce the regardless of whether that defendant or one and there is not a legitimate basis law, gun prosecutions, or any other the person involved in a civil lawsuit is for it, there are Federal agents in- kind of prosecutions. That is an ac- a Republican, a Democrat, rich or poor, volved in these prosecutions, assistant countability of sorts. But to have a whatever. They have taken an oath to U.S. attorneys, people talk about these judge who has a lifetime appointment enforce the laws fairly against every- things, and it comes to the surface. make these appointments and who has one. I took it seriously. It was an im- Really, it is very difficult for anybody no accountability to the public is not portant oath to me. I don’t think I to not do what is right. I am not saying healthy. I believe it undermines ac- have ever done anything of which I am it can’t be done, but I am just empha- countability. more proud than serving as a U.S. at- sizing that U.S. attorneys have a re- I guess I had the occasion to be fired. torney. I believe I fulfilled that oath as sponsibility to do what is right. Their They have been talking about a lot of God gave me the ability to do so, and assistants are raised in that concept, people being fired. When President I made some tough calls. I handled they are trained in that concept, and if Bush took over from President cases against people I knew—friends. I some political shenanigans are at- Reagan—I had been appointed a U.S. felt it was my duty, and I did my duty tempted, those assistants will usually attorney by President Reagan—even as best I could. I am convinced that push back and can appeal to the De- though I had been a Republican and most U.S. attorneys do the same. partment of Justice in Washington or was supported by a Republican Presi- The appointment process has a polit- state their claims. That is just the way dent, he wanted everybody to resign so ical component, as everyone in this it is. he could replace all the U.S. attorneys. body knows, because I submit to my What about this deal of President This was a perfectly logical decision colleagues and to anyone who is listen- Bush firing 8 of U.S. attorneys? Let me for him to have made. ing, there has not been a U.S. attorney say it this way: The President was in As a matter of fact, I remember it appointed who doesn’t have some sort midterm. He had been reelected. Ap- being discussed, although not acted on, of Senate recommendation to it. In parently, there was a discussion as to at the midterm of President Reagan’s fact, they have to get our approval to whether U.S. attorneys should be kept Administration whether U.S. attorneys move the nomination through the Sen- or replaced. Somebody said: Why don’t should be asked to resign after 4 years ate. That is a political process. So we replace them all? He said: No, that and bring in new blood. They chose not some of these e-mails which are being is not a good idea. We ought to evalu- to do that. talked about I think are not so unusual ate them and see which ones we want When President Bush took office, at that level, where they are talking to keep and which ones we want to re- many U.S. attorneys did not stay on. about appointments. Are we appointing place. There is nothing wrong with Over a period of weeks and months, people who are loyal to President Clin- that. In fact, in my view, Presidents they submitted their resignations, and ton or are we appointing people who and Attorneys General have a greater he appointed new U.S. attorneys, many are loyal to the administration of responsibility than they have exercised excellent U.S. attorneys. I asked that I President Bush, who wants his admin- to ensure that U.S. attorneys are car- be allowed to stay on, and after some istration to succeed and wants his pri- rying out aggressively the policies they time, they said: You can stay on. So I orities to succeed? That is how ap- set forth. It is mainly a question of pol- stayed for 12 years. There were a hand- pointments are made. But once you icy. ful of U.S. attorneys who stayed during take that position, nobody in the De- They made that decision. They bat- that period—I mean literally half a partment of Justice, for corrupt or ill tled it down and came out with eight dozen or fewer who stayed 12 years. intent, should ever try to influence a U.S. attorneys whom they wanted to I say that to say these appointments legitimate, proper decision of a grand replace out of 93 U.S. attorneys. That are appointments of the President. The jury or a U.S. attorney with any im- is not a holocaust of U.S. attorneys. U.S. attorneys have to be responsible, proper motive because of politics. That When I was U.S. attorney and Presi- if Presidential elections mean any- is a tradition which most of the public dent Clinton was elected President, he thing at all, in executing the policies may not know but is deeply understood sent out a notice that everybody would the President sets forth with regard to throughout the Department of Justice. resign almost immediately. In the past,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3253 President Carter, President Reagan, policy of the person duly elected Presi- I will say one more thing. I do sup- and President Bush gave people 6 dent of the United States and thereby port the Kyl amendment. I think that months or more notice to get their af- empowered to appoint him and thereby is a principled approach. I think the fairs in order and trundle on off in a to set those policies? So you have to PATRIOT Act language we passed was nice fashion, give you an opportunity tell the judge, you know, I like you, not carefully thought through and did to find another job. But President Clin- Judge, and I appreciate all that. I know leave a loophole that could allow the ton sent out a notice immediately: You you, but that is not our policy. We be- President to avoid confirmation proc- are out of there. It caused an uproar, lieve we should prosecute gun cases. ess, and I think that is not healthy. I and then they backed off and said: OK, We think there is too much violence in believe the Kyl amendment, consistent take your time; we respect you more America, and drugs and gangs are out with the separation of powers, will con- than that. We will let you take some there killing people and doing all these front and deal with that problem. I will time before you are out of here, but things, and our policy is to prosecute say this, regardless of how my col- you are out of here. I have seen that drug cases. leagues might vote on that, I do believe twice. I saw it when President Bush What about immigration cases? No- we ought to consider an amendment I took over from President Reagan and body else will prosecute an immigra- have offered. when President Clinton took over from tion case. One U.S. attorney had a lax AMENDMENT NO. 460 President Bush. record because she did not prosecute Mr. SESSIONS. Mr. President, I call I wish to talk about this question of those cases to the level of other similar up my amendment at this time. how you fill a vacancy in the U.S. De- districts and was criticized for it by a The PRESIDING OFFICER. Without partment of Justice, a U.S. attorney lot of people. Let’s say there was a va- objection, the pending amendment is position. I always thought it odd that cancy, and under S. 214 the Senate ma- set aside, and the clerk will report the the court makes that appointment jority now refused to confirm a Bush amendment. under certain circumstances. Deputy appointment to that district and the The assistant legislative clerk read Attorney General Paul McNulty, in a judge appoints somebody who agrees as follows: Judiciary Committee hearing on Feb- with him who wouldn’t prosecute im- The Senator from Alabama [Mr. SESSIONS] ruary 6, said: migration cases or gun cases or drug proposes an amendment numbered 460. Allowing the district court to appoint U.S. cases, and they could be in there per- Mr. SESSIONS. Mr. President, I ask attorneys would deprive the Attorney Gen- manently. unanimous consent that the reading of eral of the authority to appoint his chief law This idea that the Executive Branch, the amendment be dispensed with. enforcement officials in the field when a va- or President, can abuse the system is cancy occurs, assigning it instead to another The PRESIDING OFFICER. Without as true and possible as the idea that a objection, it is so ordered. branch of Government. The President is judge can abuse the system. If the elected to do this. He is the chief law en- The amendment is as follows: President does it, at least we in this forcement officer. He sets the prosecutorial (Purpose: to require appropriate qualifica- policy, not the courts. Congress have a vote, and the Amer- tions for interim United States attorneys) ican people have a right to vote on a McNulty further testified: On page 2, line 23, strike the quotation President. So there is accountability at marks and the second period and insert the Some district courts recognize the con- least in this system that is not in the flicts inherent in the appointment of an in- following: terim United States attorney who would Judicial branch of government. ‘‘(e)(1) A district court appointing a United then have matters before that court—not to Paul McNulty, the Deputy Attorney States attorney under subsection (d) shall mention the oddity of one branch of govern- General, said this: not appoint a candidate— ment appointing the officers of another The Department of Justice is aware of no ‘‘(A) unless that candidate is an employee branch of government—and they have simply other agency where Federal judges, members of the Department of Justice or is a Federal refused to exercise the appointment author- of a separate branch of government, appoint law enforcement officer (as that term is de- ity. the interim staff of an agency. fined in section 115 of title 18); or I would ask my colleagues here to ‘‘(B) if the court learns that candidate is Some judges felt so strongly that under investigation or has been sanctioned this is an unhealthy way of doing busi- name one where the Federal judges fill by the Department of Justice or another ness, that they should appoint the a vacancy somewhere in the Govern- Federal agency. prosecutor who is going to be appear- ment. In addition to the constitutional ‘‘(2) Not less than 7 days before making an ing before them trying to convict separation of powers that is of concern appointment under subsection (d), a district somebody, yet they are supposed to be with this approach, McNulty says: court shall confidentially inform the Attor- a neutral arbiter of the facts and the At a minimum, it gives rise to an appear- ney General of identity of the candidate for law, that they wouldn’t make the ap- ance of potential conflict that undermines that appointment.’’. pointment. the performance or perceived performance of Mr. SESSIONS. Mr. President, if the McNulty pointed out: both the executive and judicial branches. Kyl amendment is not approved, my Other district courts ignored the inherent Tough cases come up before courts amendment would require interim U.S. conflict and sought to appoint as interim and they are litigated before judges attorney appointments made by a dis- United States attorneys wholly unacceptable with great intensity. There is a lawyer trict court have appropriate and proper candidates who lacked the required clear- for the defendant and there is a lawyer background checks. That is, whoever ances or appropriate qualifications. for the Government, the prosecutor, the judge appoints would have back- You have to have a secret clearance and imagine now that the judge has ap- ground checks and security clearances to be a U.S. attorney. This is very seri- pointed the prosecutor. It creates some in order to maintain efficient oper- ous business, who gets appointed U.S. unease, I submit, and it is not a little ation of the office during this transi- attorney in these matters. Let’s say bitty matter. tion period. there was a U.S. attorney who had a I am talking about a matter that will The Feinstein bill that reverts to the meeting with the judge—and I have had linger for 100 years. I am not talking previous process does not allow for these judges who like to tell you what about the immediate media flack we that to happen, and we do know that in the policy should be. They like to tell are having now, that we are digging the past judges have nominated can- you, you are prosecuting too many into and seeing whether everybody can didates who have serious difficulties. In drug cases; you are prosecuting too figure out exactly what happened, and 1987, an interim U.S. attorney for the many gun cases. We are the judges; we get a complete story of how the eight Southern District of West Virginia, think you, prosecutor, you work for us, U.S. attorneys were asked to move on. who was not a Department of Justice basically you are prosecuting too many We will get into that. That will all hap- employee, did not have a background immigration cases. You need to do pen. I don’t know exactly what hap- investigation, and was appointed by a other kinds of things more fitting for pened there, but I am saying that, as a district judge, started demanding to the Federal Court, Mr. Prosecutor. matter of policy, the appointments of find out everything that was going on Well, who is the prosecutor working executive branch officers should be in the files related to a prosecution of for? Is he working for that judge or is maintained, so far as possible, by the prominent public officials. The First he working, in effect, to set forth the executive branch. Assistant U.S. attorney there, a career

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3254 CONGRESSIONAL RECORD — SENATE March 19, 2007 person, was taken aback by this. The needed step in our effort to restore our burden on the voting rights of minority judge appointed interim U.S. Attorney constitutional system of checks and and elderly voters. didn’t have security clearance to see balances and to protect the rule of law. The story does not end there. Shortly the files, yet he had been appointed by In recent weeks, Congress has finally after political officials rejected the ca- the judge. So they had to remove the begun to investigate the damaging reer attorneys’ recommendation to files from the office. Not everybody can politicization of the administration of block the law, they transferred Robert go in and see an investigatory file or justice by the White House and the De- Berman—the leader of the career team see grand jury transcripts. Those are, partment of Justice. The problem did that reviewed the Georgia law and a 28- by law, available only to law enforce- not begin with the recently disclosed year veteran of the Civil Rights Divi- ment officers who meet certain secu- firings of eight U.S. attorneys. It was sion—out of his job as a Deputy Chief rity clearances. well underway in 2002 when Attorney of the Voting Section and into a dead- There was another example where General Ashcroft abolished the process end training job. the chief district judge in South Da- for hiring new career attorneys for the When the Attorney General testified kota told the Department of Justice he Department of Justice. before the Judiciary Committee last wanted to appoint an individual who That process had been established by July, I asked whether this transfer was did not have any Federal prosecutorial the Eisenhower administration half a retaliation for the career attorney’s experience, had not undergone a back- century ago to eliminate partisanship role in recommending that the Depart- ground check, and did not have the and cronyism in the Department’s hir- ment object to the Georgia photo ID necessary security clearances. The De- ing. Under Attorney General Ashcroft, law. I still haven’t received an answer. partment of Justice strongly objected. however, the process was placed en- When Wan Kim, the head of the Civil It goes against the policy of the De- tirely in the hands of political ap- Rights Division, testified before the partment of Justice and the efficiency pointees who set out to remake the Committee in November, I asked him if and effectiveness of the nominee. The ranks of career attorneys by hiring Mr. Berman was transferred in retalia- Department of Justice appointed a dif- new attorneys based on partisan and tion for the Georgia matter. I still ferent candidate, under an existing ideological qualifications. Predictably, haven’t received an answer. As the problems in the Civil Rights law, and the Federal judge executed the result has been partisan and ideo- Division make clear, the real danger the oath of office for this appointee and logical law enforcement. with this administration’s politiciza- copies of the Attorney General’s order The civil rights division virtually tion of Justice Department’s hiring is were sent out to the district court. Ten stopped enforcing the Voting Rights the corruption of the rule of law. U.S. days later, the Department of Justice Act on behalf of African Americans. It Attorneys and other Department of received a fax indicating that the chief even sued African-American officials in Justice officials are selected by the district judge had decided to appoint Mississippi for discriminating against President, but they are the people’s the earlier unacceptable candidate as White voters. Contrary to the rec- lawyers. Their first duty is to enforce U.S. attorney. They had two of them ommendations of career attorneys, the the rule of law—not to push a partisan appointed. So I think we can fix that new regime also approved the Texas re- problem. That turned out to be an un- agenda. This administration has for- districting law that was later struck pleasant mess, if you want to know the gotten that basic truth, and the rule of down by the Supreme Court. It also ap- truth, and we can do better about that. law has suffered. proved a Georgia photo identification I see Senator KENNEDY is here, so I The conclusion is inescapable that won’t go on at length about this, ex- law for voting that was subsequently the Department of Justice ended Mr. cept to say if we go back to the pre- struck down by a Federal Court as a Berman’s long and distinguished career vious system that had been in effect for poll tax. Approval of the Georgia photo as a voting section attorney because he many years, it has been effective but identification law was driven by the applied the law faithfully and well, and we will face the same serious problems same partisan motivation that pro- refused to serve the partisan interests I just mentioned. Also, as a matter of duced the current U.S. attorney scan- of his political superiors. His plight is principle, it is inconsistent with the re- dal. one of many examples of loyal career sponsibilities we give to the President Georgia’s Republican-dominated public servants who have been pushed of the United States to appoint these State legislature said it was enacting aside for their failure to toe the par- officers and to give it to a separate the law to respond to allegations of tisan line in the Department of Jus- branch of Government that is not given voter fraud. But evidence of fraud to tice. the constitutional authority to make justify the law did not exist. The ID Incredibly, Bradley Schlozman, the those appointments. But I think we law was passed anyway, with full inexperienced political appointee who can fix it. We can do better. We can fix awareness that it would disproportion- oversaw approval of the Georgia ID law this. ately prevent minorities from voting. and the retaliation against the career I think the Kyl amendment rep- When the law was submitted to the staff, was rewarded with an appoint- resents the appropriate principled ap- Civil Rights Division for approval ment as interim U.S. attorney for the proach to it. However, if the Kyl under the Voting Rights Act, the ca- Western District of Missouri. He has amendment does not succeed, I would reer staff of attorneys and analysts served in that capacity for a year with- suggest my amendment, which makes recommended an objection by the De- out Senate confirmation. Mr. for a limited modification to Senator partment, which would have prevented Schlozman’s appointment is sympto- FEINSTEIN’s amendment by ensuring the law from going into effect, but the matic of the problem that the bill be- that only qualified people be named, recommendation was rejected by the fore us will solve—the appointment as people who meet the requirements, political appointees. U.S. attorneys of unqualified partisan people who have a security clearance The Federal Court struck down the operatives who would be unlikely to as part of the executive branch of the law as the equivalent of a poll tax, be- win Senate confirmation, but who can Government, who may be picked by a cause the State offered to sell ID’s for serve for extended periods of time any- judge, whoever they choose, but they $20 to prospective voters who did not way. at least would be qualified through se- have them. Tellingly, the State did not The continuing revelations about the curity clearances and professional establish offices selling ID’s in many of 8 fired U.S. attorneys show how thor- background to be a U.S. attorney. the State’s most heavily minority dis- oughly partisanship has infected the Maybe that would be a compromise tricts. administration of justice in the Bush that would help eliminate some of the After the law was blocked, the State administration. As explanation after practical difficulties, even if it does reenacted it without the $20 fee, in a explanation has unraveled, it has be- not eliminate the philosophical dif- blatant effort to gain partisan advan- come increasingly clear that the purge ficulties of having appointments made tage by manipulating the law. Once of U.S. attorneys had its genesis in the by a different branch of Government. again, the political appointees in the White House and its roots in a desire to Mr. President, I yield the floor. Civil Rights Division approved it. For- remove U.S. attorneys who were not Mr. KENNEDY. Mr. President, I tunately, a court struck down the new sufficiently committed to the political strongly support S. 214 as an urgently law, finding that it placed an undue agenda of the administration.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3255 The initial explanation that 7 of the to submit nominees for U.S. attorneys as possible. We have an opportunity to 8 were fired for poor performance was a promptly to the Senate for confirma- do so on the supplemental appropria- smokescreen manufactured out of thin tion, and I urge my colleagues to pass tions bill that will soon be before us, air. Their performance assessments this bill without amendment. and it is an opportunity we cannot af- were largely outstanding. Evidence is IRAQ ford to miss. mounting that the administration was Mr. President, as our Nation begins Mr. President, I suggest the absence concerned that Carol Lam was too suc- its fifth year of the war in Iraq it is of a quorum. cessful in her investigation and pros- abundantly clear to the American peo- The PRESIDING OFFICER. The ecution of Republicans in the Duke ple that our current policy has failed, clerk will call the roll. Cunningham scandal. John McKay was and that we need a new policy that will The assistant legislative clerk pro- on the list because of his refusal to better serve both our national security ceeded to call the roll. open an unwarranted investigation and our service men and women. Mr. DURBIN. Mr. President, I ask into voter fraud after a close 2004 elec- President Bush continues to look for unanimous consent that the order for tion victory by a Democrat. David good news with a microscope. Despite the quorum call be rescinded. Iglesias was the subject of Republican his repeated claims that success is just The ACTING PRESIDENT pro tem- complaints about his unwillingness to around the corner, Iraq is falling deep- pore. Without objection, it is so or- pursue voter fraud investigations of er and deeper into the chaos of civil dered. Mr. DURBIN. Mr. President, I am Democrats, and he was pressured by war. Our troops are in the untenable going to speak on two timely issues. I Republicans in Congress to indict position of policing a nation at war would like to first speak on the issue of Democrats before last November’s elec- with itself. tion to help the Republican candidate More than 3,200 American soldiers S. 214, the bill pending before the Sen- in a tight congressional race. have made the ultimate sacrifice, and ate. I would like to ask my colleagues in Recently released e-mails show that more than 24,000 have been wounded the Senate who followed this debate part of this scheme was to use the lit- during the 4 years of his failed policy. over the firing of eight U.S. attorneys tle-noticed change in the law inserted Tens of thousands of Iraqi civilians to reflect a little bit about history. It in the reauthorization of the Patriot have been killed, and nearly 4 million was over a century ago that the U.S. Act last year which permitted the At- have been displaced inside Iraq and Department of Justice undertook plans torney General to appoint interim U.S. across the region. attorneys to serve indefinitely without The insurgency is growing in to fire certain Federal prosecutors in Senate confirmation. The bill before us strength, and its lethal explosives are the U.S. Attorney’s Office in Alabama eliminates that provision and rein- growing in sophistication. for political reasons. It was August 9, states the 120-day limit on service by Attacks on American soldiers con- 1904, when Republican President Theo- interim U.S. attorneys appointed by tinue to increase. dore Roosevelt wrote a letter to his At- the Attorney General. This change will Militias are increasing their power, torney General, William H. Moody. In force the administration to send nomi- and their ability to brutalize the Iraqi this letter, President Theodore Roo- nees to the Senate to fill vacant slots, people is increasing as well. sevelt opposed the political firing of or have them filled by a court instead. No amount of American military Federal prosecutors. This is what he This change in the law is an impor- might can end Iraq’s civil war. Only a said: tant first step we can take to remedy political settlement by Iraqi leaders Of all of the officers of the Government, the problem, as we continue to inves- and the Iraqi people can end the blood- those of the Department of Justice should be tigate the political purge of U.S. attor- shed and suffering. kept most free from any suspicion of im- proper action on partisan or factional neys. That investigation must con- Rather than fanning the flames of grounds . . . so that there will be gradually tinue. A full investigation is essential chaos by sending more U.S. troops into a growth, even though a slow growth, in the if we hope to restore confidence in Fed- Iraq’s civil war, it is time for the Presi- knowledge that the Federal courts and the eral law enforcement. U.S. attorneys dent to begin to redeploy our troops representatives of the Federal Department of protect the Nation from violent crime, out of harm’s way. Justice insist on meting out even-handed terrorism, violations of civil rights, or- The war in Iraq has been a disastrous justice to all. ganized crime and public corruption. and deeply dangerous debacle in Amer- Those words were spoken over 100 They must be above partisan or ethical ican foreign policy. It has made Amer- years ago. They ring true today. Our reproach, if the rule of law is to have ica more hated in the world than at democracy is based on the rule of law. any meaning in our modern society. any other time in our history. It has It is based on meting out evenhanded There are few greater threats to our emboldened terrorists across the globe. justice, as President Theodore Roo- democracy than such efforts to turn It has stretched our military to the sevelt said. our system of Federal law enforcement breaking point. As a result, our na- The forced firing of eight U.S. attor- into a partisan political tool. As Jus- tional security is increasingly at risk. neys, nearly all of whom had been tice Robert Jackson said: The President’s policy of escalating judged qualified and favorably re- The prosecutor has more control over life, the war will not make success any viewed, calls into question the credi- liberty and reputation than any other person more likely. It will only result in more bility and integrity of Federal prosecu- in America. death and more tragedy for American tors. It calls into question our Nation’s That awesome power must not be used soldiers, and it will undermine our na- commitment to even-handed justice. in the service of partisan goals. U.S. tional security even further. I have heard my colleagues on the attorneys are political appointees, but The American people have been pa- floor today and in committee say: This once they are appointed, they can no tient. But America has now been in is much ado about nothing because longer be part of the political process. Iraq longer than it took us to win whenever a new President comes along, Politics can shape policies and prior- World War II. Instead of progress, we they replace all of the U.S. attorneys; ities but the decision whether or not to continue to see unacceptably high lev- that is clearly political. They are re- investigate or prosecute cannot be in- els of violence, death, and destruction. placing those serving as U.S. attorneys fluenced by the slightest hint of par- The American military and the with people of their own choosing after tisanship. No U.S. attorneys should be American people deserve far better. they have replaced the Attorney Gen- subjected to partisan political pressure The President seeks more funding for eral. There is truth to that. to make a particular decision in a pros- the war without strings and without The fact is, with the new Attorney ecution, and no U.S. attorney should be delay. General, a new team is in place. We retaliated against for making decisions Because the President stubbornly in- have 93 U.S. attorneys. As President that are politically unpopular in the sists on escalating the same failed George W. Bush took office a little over eyes of his superiors. strategy, Congress must stand up to 6 years ago, he replaced all of those The bill before us will help guard the President and stand up for our U.S. attorneys appointed by President against such partisanship, by restoring troops by requiring him to redeploy Clinton with his own. No one called for the requirement for the administration our combat forces out of Iraq as soon an investigation. No one screamed

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3256 CONGRESSIONAL RECORD — SENATE March 19, 2007 ‘‘scandal.’’ It is a tradition. It is one we committee. We plan to vote on these We owe it to him. We owe it to the accept. A new President has that subpoenas this Thursday. U.S. attorneys across this country who chance. But we know those U.S. attor- The White House is reluctant to have have been independent in their judg- neys serve at the President’s discretion senior officials testify. That is under- ment and all of the assistants who and can be removed at any time for standable. But when the shoe was on work with them to get to the bottom of any reason. the other foot—a Democratic President this and ask the important questions. I We have an unusual circumstance we and a Republican Congress—adminis- hope the Senate Judiciary Committee face right now. Never before in history tration officials testified all the time. will be able to move this week, perhaps has a President and an Attorney Gen- Under President Clinton, 47 White next week, to get to the bottom of this eral fired a group of U.S. attorneys en House officials testified before congres- and call these witnesses before us. masse, in a group, other than the ex- sional committees during their service. Mr. President, today marks a somber pected turnover, as I mentioned, with We need to hear the truth—all of it and milestone. It was 4 years ago today the change of administration. nothing but the truth—about the firing that President Bush ordered our mili- We asked the Congressional Research of the eight U.S. attorneys. tary to launch a preemptive invasion of Service if they could undertake an There is a second question we have to Iraq. I can recall the vote on the Sen- analysis of U.S. attorney firings that ask which is equally important: How ate floor—I have spoken of it many occurred other than the changeover of many other U.S. attorneys were ap- times—which led to that decision by a Presidency. This is what they found: proached by the White House and asked the President. We cast thousands of Only 2 U.S. attorneys out of 486 con- to play ball and did play ball? Of the votes as Members of the Senate, the firmed by the Senate over the past 25 Nation’s 93 U.S. attorneys, how many House, and most of them are hard to years have been fired in the middle of of them kept their jobs as a result of remember. One can never forget a vote a Presidential term for reasons unre- political cooperation? cast about war. You know people will We gained some insight into this lated to misconduct—2 out of 486. So die as a result of that decision. We question from a new study by two pro- for some to argue that this is routine, focus on eliminating the enemy—as we fessors, John Cragan of Illinois State to fire those attorneys, the facts say do in our war in Afghanistan—but we University and Donald Shields at the otherwise. Only 2 out of 486 have been know good American soldiers will give University of Missouri. They compiled their lives as well, and innocent people fired in the midst of their term. a database of Federal indictments and Why is that the case? Why have U.S. will die. investigations undertaken by U.S. at- attorneys been insulated from Presi- I can remember well that decision. It torneys against elected officials and was a tough one, a very difficult one. dential politics? Because Federal pros- political candidates since President ecutors are supposed to be independent. But now we face 4 years of this war Bush took office in 2001. Here is what having been completed. As of today, we They are nominated by the President their study found: U.S. attorneys and confirmed by the Senate, but, un- start the fifth year of this war, a war across the Nation have investigated 298 that has lasted longer than World War like other Federal public servants, Democrats and just 67 Republicans— they have a measure of independence. II. nearly 5 times as many Democratic of- Yesterday, on the ABC News program Former Supreme Court Justice and ficials as Republicans. These statistics Attorney General Robert Jackson once ‘‘This Week,’’ Stephen Hadley, the are troubling, and we have to look into President’s National Security Adviser, said: The prosecutor has more control them. The firings of the U.S. attorneys was asked: If the President had known over life, liberty, and reputation than and documents that have been turned 5 years ago how much this war would any other person in America. over to Congress really call into ques- cost—in dollars and in lives—would he Discussing Justice Jackson’s words, tion the legitimacy of all prosecutions have still ordered this invasion of Iraq? a scholar of the Justice Department brought by the U.S. attorney in cases Mr. Hadley replied: named Lincoln Caplan has written: involving partisan interests. I think he would. The point is, this war has The power of law enforcement to tarnish This is regrettable. There is no place made the U.S. safer. reputations, end people’s liberty and ruin for politics when it comes to prosecu- lives, in other words, is so great that it has Those were the words of Stephen tion, especially when it comes to pub- Hadley. Unfortunately, they are wrong. to be exercised judiciously and, above all, lic corruption and voting rights cases. nonpolitically. That’s one basic element of A National Intelligence Estimate re- the rule of law. If there is belief that people in the leased last spring warns that the war in White House in either party are push- Iraq has helped create a whole new gen- That is what is at stake here. Eight ing for prosecutions to seek a political U.S. attorneys who did not play ball eration of terrorists around this world. advantage, we have seriously under- The latest report from the Defense with the political agenda of this White mined the integrity and credibility of Department confirms our troops are House were dropped from the team. our system of justice. now trapped in a civil war. For the Members of Congress have a responsi- As President Teddy Roosevelt longest time, we danced around using bility to ask: What was that political warned: Even the appearance of polit- the words ‘‘civil war.’’ But even that agenda? Why were they dismissed? ical interference in the process of jus- term does not adequately express the Does this scandal rest at the feet of the tice is damaging to public faith in Gov- complexity of the deadly situation we Attorney General, Mr. Gonzales; Har- ernment. Last night, as I left a Chicago find ourselves in today. riet Miers, the former counsel to the restaurant, a young man and his wife Before our military was diverted to President; Karl Rove, the President’s were sitting at a table. He asked me to fight this war of choice in Iraq, they political adviser; or does it reach the come over. He introduced himself and had driven the Taliban from power in President’s office itself? said he was an assistant U.S. attorney Afghanistan and splintered the leader- Over the next several weeks, we are in Chicago. That is a hard job to get. It ship of al-Qaida. We were in the hunt going to look into this. Passage of S. is not a political job at all. In fact, you for Osama bin Laden. We knew who 214, the bill we will vote on at the end have to be really talented to be quali- was responsible for 9/11, and we were of this debate, will not end the inquiry. fied to serve in the U.S. Attorney’s Of- determined to get him and those who We have a lot more work to do. We fice for the Northern District of Illi- worked for him. We were on track to need to learn whether Attorney Gen- nois. demolish the terrorists who brought eral Gonzales and his deputies told He said to me: Senator, I would like such grief to our Nation on 9/11. Congress the truth when they testified to ask you to do your best to get to the What is the story today? According just a few weeks ago. We need to have bottom of this. We think we are doing to Mr. Hadley in his comments yester- Karl Rove, Harriet Miers, and other top a professional job. This suggestion that day on television, the war has made us administration officials testify under some U.S. attorneys were fired for po- ‘‘safer.’’ The fact is, today al-Qaida is oath about their role in these firings. I litical reasons really casts a shadow regrouping and the Taliban is still hope they will come voluntarily. If over all of us who are trying to rep- fiercely fighting for control of Afghani- they do not, the Senate Judiciary Com- resent the people of the United States stan. mittee should subpoena each and every effectively through our Department of Our military—especially the Army— one of them. I am a member of that Justice. is stretched to the breaking point.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3257 There is not one Active or Reserve This is a hallowed rollcall. These are Captain Romig had a cast on up to Army combat unit outside of Iraq and the names of every Illinois service- his hip following surgery, but he had to Afghanistan today that is rated ‘‘com- member killed in Iraq since the start of walk a half a mile on crutches every bat ready’’—not one. If we were called this war. As we begin the fifth year of day to eat lunch. When it rained, mud on to respond to another military this war, I ask unanimous consent to washed into the cinder-block barracks emergency in the world with our great honor these great men and women by and coated the cement floors where he military, they would be hard pressed to having printed immediately after my was asked to live. His foot became in- respond because they have been de- remarks in the CONGRESSIONAL RECORD fected. He has had five surgeries on it. pleted in terms of personnel and re- this list of those Illinois brave soldiers He still has a hole in the back of his sources and training and equipment by and marines, airmen and sailors who foot and his foot drops. He needs a this war in Iraq. have given their lives in Iraq. brace to walk properly. National Guard units in Illinois and The ACTING PRESIDENT pro tem- When he was released from active across the Nation have about one-third pore. Without objection, it is so or- duty, the Army told Captain Romig the of the equipment they need to respond dered. VA would pay for the brace. But then to a domestic crisis or to train for an (See exhibit 1.) the Veterans’ Administration refused. overseas mission. A recent audit by the Mr. DURBIN. In addition to these They told Captain Romig he was not Department of Defense inspector gen- fallen heroes, thousands of our troops entitled to VA health care until he re- eral found the Pentagon has failed to have come home with serious injuries, ceived a disability rating, which takes properly equip the soldiers it already disabilities—blindness, amputations, 2 years. In the meantime, he would has in Iraq and Afghanistan. Many sol- and the signature injury of this war, have to pay the bills himself or go diers have found themselves short on traumatic brain injury. We have been without the brace and any other VA guns and ammunition, body armor, outraged in recent weeks to read about health care. communications equipment, armored the shabby way some of these wounded Now, who is Captain Romig? He hap- vehicles, and electronic jammers to veterans have been treated. pens to be a soldier who has served 23 disable IEDs. I went out today and I asked to fi- years in the military—12 in the regular Two hours ago, I was at Walter Reed nally see this infamous Building 18, Army and 11 in the National Guard. He Hospital. I make visits there and try to which is about a block away from Wal- was one of the lucky ones, though. meet with soldiers and talk to them ter Reed Hospital. It is a rundown, old Through his employer he had private about how they are doing. I go to the motel that our military took over. health coverage. They paid for the rehab unit where amputees are trying Under Secretary Rumsfeld, they had brace and his medical care when the to learn to walk. Some have lost one this passion to privatize—taking the VA and our Government failed him. leg, some two. Some have lost an arm. men and women who were responsible He worries about other wounded vet- They are struggling to get their lives for maintaining this building and re- erans. In an e-mail he sent me re- back together. These are real heroes moving them and bringing in a private cently, he said: for America, and they are profiles in contractor. That is when the worst Who is going to help pay the bills for a sol- courage, as they struggle every single happened. The men and women who dier’s family if he or she is disabled? The day to try to put their lives back to- were involved in the private contract mortgage companies won’t wait two years to clearly did not do the job. receive their payment and the VA made it gether again. perfectly clear to me that if I didn’t pay my I sat down with a group of these sol- As a result, the Washington Post ran bill, they would send me to [a collection diers, all of whom had lost a leg, in this this well-publicized series about mold agency]; they don’t want to wait two years rehab room. I went around, and I said: and mice droppings and evidence of for payment, either. So why should a soldier What happened to you? Each one of bugs and the general rundown condi- be expected to wait two years for care and fi- them said the same thing: Well, it was tion of Building 18—an outpatient fa- nancial assistance? an IED that hit my humvee. It was an cility for our soldiers at Walter Reed There is another story I would like to IED that hit my humvee. It was an IED Hospital. share. It is about SGT Garrett Ander- that hit my humvee. Every day, we learn—as I have son of Champaign, IL. He and his wife I thought to myself: When this war learned back in Illinois—of wounded Sam share a similar worry. He is 30 started, in my first visit to Walter soldiers who have been denied proper years old. She is 29. They have a 6- Reed, I met a member of the Ohio Na- medical care, housed in substandard month-old daughter. On Wednesday, tional Guard who lost his left leg. He and even deplorable living conditions, they will celebrate their second wed- could not wait to get back to his unit. and forced to fight a massive bureauc- ding anniversary. I doubted if he ever would. I asked him racy and endure long waits for deci- Three months after they were mar- what happened? He said: Well, this sions about disability compensation. ried, he went to Iraq with the Illinois homemade bomb, this IED, hit my Meanwhile, their families suffer and National Guard. Four months after humvee. That was 4 years ago, and we many of the wounded soldiers go with- that, an IED exploded next to his ar- still have soldiers coming into our hos- out medical care. mored humvee in Baghdad. pitals with similar injuries without the Sadly, these problems are not unique The blast tore off Sergeant Ander- protection they need. to Walter Reed, nor are they new to son’s right arm below the elbow, shat- The President’s response to this ter- many of the top Pentagon officials. tered his jaw, severed part of his rible situation is to order 30,000 more Mark Benjamin is a reporter who has tongue, took away much of his hearing, troops into battle. written some of the groundbreaking and punctured his body with shrapnel. We will pay for this war for the rest stories on the veterans health care cri- He spent 7 months at Walter Reed, of our lives. But the people who have sis. He wrote an article in 2003, 4 years and he praises the care that was given paid the highest price, by far, are the ago, about wounded National Guard him there recently in Ward 57. He said men and women of the military and soldiers being housed in sweltering cin- the amputee ward could not have treat- their families. Many soldiers and ma- der-block buildings at Fort Stewart in ed him better. I have heard the same rines, sailors and airmen in Iraq are on Georgia. thing. There are many outstanding in- their second, even their third or fourth The Pentagon pledged then, in 2003, dividuals at Walter Reed who should tour of duty. We are pushing them to that no wounded soldier would be sub- not be lumped into the critical articles the absolute limit. They have endured jected to that shabby treatment again. about Building 18. These are men and great danger. Their families have en- That was 4 years ago. Yet 2 years later, women, medical professionals, who are dured great hardships. in 2005, Jeff Romig, a physician’s as- literally working miracles every day As of this morning, it is sad but must sistant from Danville, IL, and a cap- on these soldiers. So criticizing the sit- be reported that 3,210 American sol- tain in the Army National Guard, uation at Walter Reed should not bring diers, including 123 from my home found himself living in similar condi- them in as well. Many of them are ex- State of Illinois, have given every- tions at a military base in Indiana traordinary and receive the highest thing. They have given their lives in after he ruptured his Achilles tendon praise from men and women who are Iraq. during training. treated there.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3258 CONGRESSIONAL RECORD — SENATE March 19, 2007 But after the treatment at Walter Here is another great statistic. In between Illinois and Washington to be Reed for Sergeant Anderson, the late January, the Army Times reported with her son. Lieutenant Peterson months of outpatient care that fol- that in the last few years, the number spent $10,000 out of pocket to rent hotel lowed were filled with ‘‘massive paper- of soldiers approved for permanent dis- rooms near Walter Reed for 6 months work and red tape.’’ After 3 years in ability retirement decreased by more because there was no room for him in the Army and 4 in the National Guard, than two-thirds—from 642 in 2001, to 209 the infamous Building 18. He has yet to Garrett Anderson finally retired from in 2005. Think about that: a two-thirds be reimbursed for that expenditure. the military last June. drop in permanent disability ratings in The Army says he still needs to turn in Last week, 9 months later, he re- the midst of a war? It does not make more paperwork. ceived his disability rating from the sense. Terry Peterson suffers from PTSD. VA. You will recall the injuries I told With the horrific wounds our troops He didn’t see a psychiatrist until you he sustained. His disability rating, are suffering—and thanks to the out- months after his injury, and then only after waiting, 90 percent. His wife Sam standing care they receive in the because his father insisted. When he said the VA ruled that some of her field—surviving, how can permanent went back for a follow-up appointment husbands’s shrapnel wounds were not disability rates be declining? Declining a month later, they told him his service related because Walter Reed disability rates are part of the pattern records had been lost. had not taken the time to document of failing to plan properly for this war. Today Lieutenant Peterson is back each and every one of them. I know Dr. David Chu, who is an at Fort Stewart in Georgia waiting to The Andersons are appealing the rat- economist and mathematician by finish his surgeries and get his dis- ing. They are hoping for a 100-percent training, and he holds one of the top ability rating to leave the Army. He disability rating, which would make positions at the Pentagon. He is the says: Sergeant Anderson eligible for better Under Secretary for Defense for Per- It took me a long time to stop making ex- health coverage and other benefits. Do sonnel and Readiness. He is one of the cuses for the system. you know how long that appeal will two top Pentagon officials responsible Some days he says he feels like he take? Two years—2 more years for Ser- for making sure that returning vets re- was abandoned by the Army. But he is geant Anderson to wait to determine ceive prompt outpatient care and fair determined to try to fix this system so whether the VA is going to rate him as compensation. other soldiers won’t go through the 100 percent disabled. In January 2005, Dr. Chu told the same thing. In the meantime, he is looking for a Wall Street Journal that America was Before the State of the Union Ad- civilian doctor with experience treat- spending too much on benefits for sol- dress, some 15 months ago, Terry and I ing amputees, and doing without the diers and veterans. He said: met with some reporters. Terry said: I speech therapy and PTSD counseling The amounts have gotten to the point don’t know if I ought to say this, but I he needs. where they are hurtful. They are taking am a conservative and a Republican. He is also going to college. His wife is away from the Nation’s ability to defend He said: trying to finish law school. They are itself. both speaking out to try to change the What I’m really looking forward to is just The truth is, health care and dis- hearing that the President is behind us. system. Here is what his wife Sam ability benefits for wounded soldiers says: He said he didn’t want the sacrifices are not threats to our national secu- that he and other soldiers had made to Each obstacle renews our desire to fix the rity; they are an essential part of the system so that future soldiers can serve be for nothing. proudly and take comfort knowing that their cost of war and part of our national se- As we enter the fifth year of this war, country will take care of them just as they curity. Somehow the Pentagon has to America needs to demonstrate to all took care of their country. come to realize this. our troops and families that we are be- I applaud Defense Secretary Gates I want to tell my colleagues one hind them, and that takes more than for the decisive steps he has taken to more story and then turn the floor over words. It requires that we stand with fix the problems at Walter Reed and to to my colleague from Arkansas. This is our soldiers on the battlefield and determine how widespread they are. about an Illinois soldier, Army 1LT when they come home wounded, for as But firing a few people—even a few Terry Peterson of Warrenville, IL. I long as they need our help. generals—is not enough. The stories first met Lieutenant Peterson in Janu- I yield the floor. about wounded soldiers being mis- ary 2006 when he was recuperating at EXHIBIT 1 treated raise serious questions about Walter Reed. I invited him to come to OPERATION IRAQI FREEDOM CASUALTIES our planning for this war, about the ca- the President’s State of the Union Ad- LISTED IN CHRONOLOGICAL ORDER pacity of the Pentagon and the VA to dress last year as my guest. He was 23 Marine Corporal Brian Kennedy, 25, of Glen- deal with the long-term health needs of years old. He is a graduate of the Cita- view, IL. our soldiers—post-traumatic stress dis- del. From the time he was a little boy, Marine Captain Ryan Anthony Beaupre, 30, order, traumatic brain injury, amputa- he wanted to be a soldier. of St. Anne, IL. tions. Ten years ago, the VA could On December 8, 2005, 3 weeks after he Marine Private Jonathan L. Gifford, 30, of arrived in Iraq, an IED ripped apart a Decatur, IL. never have anticipated all these chal- Marine Corporal Evan James, 20, La Harpe, lenges. Today they face them. humvee in which he was riding in IL. Every year since the war in Iraq Baghdad. The blast killed one soldier Army Specialist Brandon Rowe, 20, of Ros- began, the President has failed to re- in the humvee and nearly killed Lieu- coe, IL. quest adequate funding for the VA. The tenant Peterson. It shattered his right Army Reserve Specialist Rachael Lacy, 22, of President’s proposed budget for next foot, ripped three knuckles off his right Lynwood, IL. year would enable the VA to serve hand, and severed an artery in his left Marine First Sergeant Edward Smith, 38, of 54,000 Iraq and Afghanistan veterans— arm. He has had 20 surgeries so far. If Chicago, IL. 54,000. It sounds like a large number. It he is lucky, he will only need two more Army Staff Sergeant Lincoln Hollinsaid, 27, of Malden, IL. is. But it is 50,000 patients short of the surgeries. He has five screws in his Marine Lance Corporal Jakub Henryk VA’s expected demand. foot, and he deals with pain all the Kowalik, 21, of Schaumburg, IL. The President’s budget provides for time. He can’t stand for more than 30 Marine Lance Corporal Nicholas Brian half of what is needed. Unbelievably, it minutes, and it will take a miracle for Kleiboeker, 19, of Iuka, IL. would cut funding for defense health him to ever be able to run again. Marine 1st Lieutenant Timothy Louis Ryan, facilities such as Walter Reed by 13 Lieutenant Peterson received out- 30, of North Aurora, IL. percent. I think about that $12 billion patient care at Walter Reed for 9 Army Staff Sergeant Andrew R. Pokorny, 30, in cash—$12 billion in U.S. taxpayer months. Someone from home was al- of Naperville, IL. dollars—that was flown into Iraq and ways with him—usually his mother, his Army Private First Class Shawn Pahnke, 25, of Manhattan, IL. cannot be accounted for, sent to Mr. girlfriend, or his sister—trying to cut Army Specialist Cory A. Hubbell, 20, of Ur- Bremer and his Coalition Provisional through the redtape, trying to make bana, IL. Authority. How far would that money sure he received the very best care. His Army Private Matthew Bush, 20, East Alton, go to help the VA? mom spent $8,000 flying back and forth IL.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3259 Illinois Army National Guard Specialist Marine Lance Cpl. Aaron C. Pickering, 20, of Sgt. Terry M. Lisk, 26, of Fox Lake, IL. Brandon Ramsey, 21, Calumet City, IL. Marion, IL. Sgt. Bradley H. Beste, 22, of Naperville, IL. Army Pfc. Christopher A. Sisson, 20, of Oak Marine Cpl. Peter J. Giannopoulos, 22, of In- Sgt. Steven P. Mennemeyer, 26, of Granite Park, IL. verness, IL. City, IL. Army Spc. Ryan G. Carlock, 25, of Macomb, Marine Cpl. Matthew A. Wyatt, 21, of Army Spc. Kristofer C. Walker, 20, of Creve IL. Millstadt, IL. Coeur, IL. Illinois Army National Guard 1st Lt. Brian Army Sgt. Donald B. Farmer, 33, of Zion, IL. Spc. George R. Obourn Jr., 20, of Creve Silavenas, 30, of Genoa, IL. Marine Lance Cpl. Neil D. Petsche, 21, of Coeur, IL. Army Spc. John R. Sullivan, 26, of Country- Lena, IL. Pvt. Edwardo J. Lopez, 21, of Aurora, IL. side, IL. Marine Lance Cpl. Hector Ramos, 20, of Au- Sgt. Thomas M. Gilbert, 24, of Downers Army Spc. William D. Dusenbery, 30, of Fair- rora, IL. Grove, IL. view Heights, IL. Marine Cpl. Nathaniel K. Moore, 22, of Cham- Sgt. Kraig D. Foyteck, 26, of Skokie, IL. Army Pvt. Scott M. Tyrrell, 21, of Sterling, paign, IL. Pfc. William R. Newgard, 20, of Arlington IL. Marine Cpl. Jonathan S. Beatty, 22, of Heights, IL. Army Spc. Uday Singh, 21, of Lake Forest, Streator, IL. Senior Airman Daniel B. Miller Jr., 24, IL. Cpl. Christopher E. Zimny, 27, of Cook, IL. Galesburg, IL. Michigan Army National Guard Staff Sgt. Lance Cpl. Sean P. Maher, 19, of Grays Lake, Petty Officer 1st Class Jennifer A. Valdivia, Michael Sutter, 28, of Tinley Park, IL. IL. 27, of Cambridge, IL. Marine Corps Captain Adam Miller, 29, of Sgt. Jessica M. Housby, 23, of Rock Island, Capt. Kevin C. Landeck, 26, of Wheaton, IL. Midlothian, IL. IL. Sgt. Pedro J. Colon, 25, of Cicero, IL. Army Sergeant First Class James Hoffman, Marine Cpl. Kevin M. Clarke, 21, of Tinley SSG Paul M. Latourney, 28, of Roselle, IL. 41, of Palatine, IL. Park, IL. Marine Lance Cpl. Raymond J. Holzhauer, of Illinois Army National Guard Sgt. Ivory L. Marine Cpl. John T. Olson, 21, of Elk Grove Dwight, IL. Phipps, 44, of Chicago, IL. Village, IL. Total OIF Casualties: 123 Soldiers Marine Pfc. Geoffrey S. Morris, 19, of Army Staff Sgt. Daniel G. Gresham, 23, of Gurnee, IL. Lincoln, IL. The PRESIDING OFFICER (Ms. STA- Army Cpl. Forest J. Jostes, 22, of Albion, IL. Army Spc. Jacob C. Palmatier, 29, of Spring- BENOW). The Senator from Arkansas is Marine Lance Cpl. Phillip E. Frank, 20, of field, IL. recognized. Elk Grove, IL. Army 2nd Lt. Richard B. Gienau, 29, of Peo- Mr. PRYOR. Madam President, I Army Reserve Spc. Gregory R. Goodrich, 37, ria, IL. come to the floor to voice my strong of Bartonville, IL. Army Spc. Adriana N. Salem, 21, of Elk support of S. 214, Preserving U.S. At- Marine Lance Cpl. Torrey L. Stoffel-Gray, 19, Grove Village, IL. torneys Independence Act. of Patoka, IL. Army Sgt. Kenneth L. Ridgley, 30, of Olney, We all know the story by now. In the Army Pfc. Shawn C. Edwards, 20, of IL. Bensenville, IL. Army Pfc. Wyatt D. Eisenhauer, 26, of dead of night, the Justice Department Army National Guard Sgt. Landis W. Garri- Pinckneyville, IL. slipped into the PATRIOT Act, which son, 23, of Rapids City, IL. Army Spc. Brian M. Romines, 20, of Simpson, was under consideration in the House— Army Staff Sgt. Oscar D. Vargas-Medina, 32, IL. it was in the conference, apparently, of Chicago, IL. Navy Petty Officer 1st Class Thomas C. Hull, when this happened. They slipped in a Army Capt. John E. Tipton, 32, of Collins- 41, of Princeton, IL. provision to allow itself carte blanche ville, IL. Marine Gunnery Sgt. Terry W. Ball Jr., 36, of authority to strategically handpick Army National Guard Sgt. 1st Class William East Peoria, IL. judges and bypass Senate confirmation, D. Chaney, 59, of Schaumberg, IL. Army Spc. Miguel Carrasquillo, 25, of River which I believe was done to carry out a Army National Guard Spc. Jeremy L. Ridlen, Grove, IL. 23, of Paris, IL. Army 1st Lt. David L. Giaimo, 24, of Wau- political scheme to fire and replace Pfc. Jeffrey R. Wallace, 20, of Hoopeston, IL. kegan, IL. U.S. attorneys. I don’t say this lightly. Army Maj. Paul R. Syverson III, 32, of Lake Army Spc. Jeffrey A. Williams, 20, of We have seen the e-mails now. Most of Zurich, IL. Warrenville, IL. my colleagues in the Senate and, in Army 1st Sgt. Ernest E. Utt, 38, of Ham- Army Staff Sgt. Gary R. Harper Jr., 29, of fact, most people around the country mond, IL. Virden, IL. have seen all or some or bits and pieces Army Sgt. Christopher A. Wagener, 24, of Army Spc. James T. Grijalva, 26, of Burbank, of these e-mails. They are damning. Fairview Heights, IL. IL. The Department of Justice has taken Army Pfc. Collier E. Barcus, 21, of McHenry, Army 1st Lt. Debra A. Banaszak, 35, of deliberate steps to mislead Senators IL. Bloomington, IL. Army Pfc. Torry D. Harris, 21, of Chicago, Army Staff Sgt. Kyle B. Wehrly, 28, of Gales- and abuse its misbegotten authority. IL. burg, IL. Put quite simply, we can’t trust this Army Corporal Demetrius Rice, 24, of Chi- Army Sgt. Joshua A. Terando, 27, of Morris, administration to use its authority in cago, IL. IL. a fair and constructive manner. They Marine Lance Cpl. Jonathan W. Collins, 19, Pvt. Christopher M. Alcozer, 21, of DeKalb, have proven that to us. It is time we of Crystal Lake, IL. IL. restore justice at the Justice Depart- Marine Cpl. Christopher Belchik, 30, of Jer- Sgt. 1st Class Eric P. Pearrow, 40, of Peoria, ment. We can begin that process with sey, IL. IL. two steps: First, we can move this leg- Army Spc. Charles L. Neeley, 19, of Mattoon, Sgt. Grzegorz Jakoniuk, 25, of Schiller Park, IL. IL. islation to which I referred a moment Army National Guard Sgt. Shawna Morrison, Lance Cpl. Adam W. Kaiser, 19, of Naperville, ago very swiftly and restore the con- 26, of Paris, IL. IL. firmation process that our Founding Army National Guard Spc. Charles Lamb, 23, Lance Cpl. Andrew G. Patten, 19, of Byron, Fathers envisioned. Allowing interim of Casey, IL. IL. U.S. attorneys to serve for a limited Marine Lance Cpl. Drew M. Uhles, 20, of Spc. Brian A. Wright, 19, of Keensburg, IL. 120 days is a reasonable solution and DuQuoin, IL. Sgt. 1st Class Shawn C. Dostie, 32, of Granite will put an end to the slippery tactics Marine Sgt. Benjamin K. Smith, 24, of City, IL. of this administration and, might I Carterville, IL. Lance Cpl. Jonathan K. Price, 19, of say, future administrations. Marine 2nd Lieutenant Ryan Leduc, 28, of Woodlawn, IL. By the way, I think one of the rea- Pana, IL. Pfc. Sean T. Cardelli, 20, of Downers Grove, Army Sgt. Jack T. Hennessy, 21, of IL. sons we all should support this legisla- Naperville, IL. Lance Cpl. Philip J. Martini, 24, of Lansing, tion is not because this administra- Army Spc. Jessica L. Cawvey, 21, of Ma- IL. tion—I think they have abused the law homet, IL. Sgt. Edward G. Davis III, 31, of Antioch, IL. they have—but there is always that Army Spc. Jaime Moreno, 28, of Round Lake Spc. Ronald W. Gebur, 23, of Delavan, IL. tendency for the President to try to Beach, IL. Pfc. Caleb A. Lufkin, 24, of Knoxville, IL. bully something through the Senate. Marine Lance Cpl. Branden P. Ramey, 22, of Cpl. Ryan J. Cummings, 22, of Streamwood, The easiest way of all is to get around Boone, IL. IL. the Senate completely and circumvent Marine Cpl. Joshua D. Palmer, 24, of Petty Officer 1st Class Gary T. Rovinski, 44, Blandinsville, IL. of Roseville, IL. the Senate’s authority which, by the Marine Sgt. David M. Caruso, 25, of Sgt. Sirlou C. Cuaresma, 25, of Chicago, IL. language of the PATRIOT Act, as I Naperville, IL. Staff Sgt. Mario J. Bievre, 34, of Constanti- mentioned, was slipped in. I think most Marine Lance Cpl. Nicholas D. Larson, 19, of nople, IL. Senators inadvertently allowed that to Wheaton, IL. Cpl. Ryan J. Buckley, 21, of Nokomis, IL. happen.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3260 CONGRESSIONAL RECORD — SENATE March 19, 2007 The second of these two steps I refer tics and stay out of the political fray. So the bottom line is he didn’t have to is—I said this on the Senate floor Let me tell my colleagues, I have seen any stature in the legal community. the other day, and I still believe it—the U.S. attorneys all over the country People didn’t know who he was. They Attorney General should resign. In an during my lifetime who have taken on didn’t know anything about him. So e-mail dated August 18, 2006, to the At- very dicey, very difficult cases, and that was my concern. I didn’t know torney General’s Chief of Staff, it says more often than not they do an out- who he was. I knew he had a very polit- that we have a ‘‘Senator problem’’ in standing job and are very professional ical background. The first question I Arkansas. Well, guess who the Senator in their pursuit of justice. would have had is, can he check that at problem is. You are looking at him. Things have changed with this ad- the door? And that is something I I was by that time making calls, ministration. From the very top, they would want to talk to him about and I checking around. I had heard these ru- want the U.S. attorneys out in the dis- think the Senate Judiciary Committee mors that the Justice Department was tricts, out in the 93 districts around would want to talk to him about. But going to fire Bud Cummins and was the country to play politics. This is not the bottom line is from the very begin- going to replace him with Tim Griffin, a hypothetical situation. One would ning, what I wanted—the President can and we will get to that specific case in think hypothetically we would want to nominate whomever he wants to nomi- a moment. But the bottom line is change this law we are talking about nate. That is his business. I think it that—I know I was the problem, but today to make sure those U.S. attor- would be smart to check with Senators neys would qualify, to make sure they the bottom line is that today the At- before he makes a nomination, but it is wouldn’t play politics with their office, torney General, Attorney General his business. He can nominate whom- and one would think hypothetically it Gonzales, has a bigger problem than ever he wants. the junior Senator from Arkansas. He could be that at some point in the fu- From the very beginning, what I was ture, maybe some of these U.S. attor- has a credibility problem. He has a asking for is that they nominate Tim neys might decide to go after and pros- trust problem. He has a growing na- Griffin and send him through the nor- ecute and investigate people who are in tional scandal problem. I think it is mal confirmation process. I think the the other party but not prosecute and best for the Justice Department, for people of the Eastern District of Ar- investigate and go after people in their the administration, probably for all the own party. That would be absurd. Ap- kansas are owed that. I think we owe it U.S. attorneys and all the things that parently, according to these e-mails, to them to do our best and to have the Justice does all around the country that is exactly what was happening in very best U.S. attorney there. He may and, quite frankly, it is probably best at least some cases. be very qualified, but again, because he for him as a person to go ahead and Let me speak for a moment—I know was an unknown and because he had no step down and move on. there are other Senators waiting to real presence in the Arkansas legal The Attorney General is different speak and, certainly, I want to give community, I thought certainly he was from any other Cabinet-level officer. them plenty of time. But let me talk the type of guy who should go through He is mentioned in the Constitution. about the situation in Arkansas just the confirmation process. This is a role that our Founding Fa- for a few moments because it was the So that is really what I have been thers envisioned, I believe, to be about first one that I became aware of. In saying from the very beginning, and the pursuit of justice. The Attorney fact, it was the first one that any Sen- this bill, S. 214, does that. It restores General should always be held to a ator became aware of. the traditional balance. I think that is higher standard. We should look to I mentioned to the Judiciary Com- a healthy balance. I think that is a him—and we understand that the At- mittee and very briefly to PAT LEAHY good balance. I think it is something torney General is by nature a political in the summer and in the early fall we need to go back to immediately. appointment. That is the way the about some of the things I was hearing Now, I mentioned Bud Cummins and Founding Fathers set it up. But we also in Arkansas and that I had concerns Tim Griffin. Listen. In my mind this look to him to have integrity for that because, by all accounts, from every- issue is much larger than those two department and to not play politics thing I understood, Bud Cummins, the people, and it is much larger than with the office. He is a political ap- then-U.S. attorney in the Eastern Dis- Democrats and Republicans. This issue pointee but not to play politics with trict of Arkansas, in Little Rock, had is really fundamental to the Constitu- that office. done a good job. Everybody I talked to tion; that is, should the Senate have One of the things that concerns me in the legal community—the judges, the ability to confirm, give the advice the most is some of the things I have people who are familiar with what that and consent, on U.S. attorneys. I say been reading in these e-mails that have office does—thought Bud Cummins had the answer to that is, yes. I think that come out in the last several days be- been very professional and thought he is something we as Senators should tween the White House and the Justice had done his job. They thought he had fight for. I think we need to do this to Department. Again, many of us have done exactly what he was supposed to the best of our ability. We need to be read these e-mails or read parts of do. fair. We need to move them through them. They talk about the ‘‘Bushies.’’ I began hearing rumors over the sum- the process. They actually use that term in an e- mer that they were going to replace By and large, when one looks at the mail. They talk about loyalty to the Bud Cummins with Tim Griffin. At history of U.S. attorneys being con- Bush administration and how that cri- that moment in time, I didn’t know firmed, we haven’t had big knock- teria is paramount in deciding whether Tim Griffin. I am not sure I had ever down, drag-outs over U.S. attorneys. to keep or to let go these U.S. attor- met him. I don’t think I had ever met But given the fact that U.S. attorneys neys. him. I barely even knew who he was. I go through Senate confirmation, it Well, I would say this: that is exactly probably heard some people from Con- keeps the administration honest on the wrong standard. There is no ques- gressman Bozeman’s office mention whom they nominate. I think that is a tion in my mind that is the wrong him, but I really had almost no knowl- very important point. standard. Again, being a U.S. attorney edge or no recollection of who he was Here again, with S. 214, we are trying should not be about being loyal to the at all. That is all beside the point. I to restore that balance that had administration or being political; it had never met him. I had been the at- worked so well before. should be the exact opposite. It should torney general in my State. I had been One last thing. In the e-mails you be about being nonpolitical and about a practicing lawyer in Little Rock for see, in my view, a real abuse of power. being loyal to the Constitution and the a decade or more before I was attorney Over and over you see e-mails between law of the land; to be loyal to the duty general, and I had never run across this the Justice Department and the White you were sworn to uphold. I think this guy in the legal community. It turns House, and among themselves, where administration has it backwards. out nobody else had either because he they say they need to do this, and they I think U.S. attorneys on the local really hadn’t been in Arkansas but need to have this appointment power, level have demonstrated over the last maybe about 1 year for his whole pro- and if they don’t use it, why in the couple of centuries that they have been fessional life; 1 out of maybe 15 years world should they have it. There again, very good at trying to stay above poli- or something like that. I think that approach to Government

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3261 is dangerous. It is shortsighted, and it ly, was: Was there an emergency in The e-mails released last week show seems to me someone who would make this situation? I had not heard about either a blatant attempt to deceive the that type of statement is more inter- one. Senate or, at the very least, serious ested in the power of the office rather In a January Senate Judiciary hear- mismanagement under the Attorney than doing what is right. If there is one ing, Attorney General Gonzales stated General. This controversy has caused a agency in the Federal Government this emergency provision would not be serious breach between the Justice De- about doing what is right, it ought to used for political purposes or to cir- partment, Congress and, most impor- be the Department of Justice. cumvent the nomination process. Yet tantly, the American people—a breach With all that said, I urge my col- how else could it be explained? I am not sure can be repaired if Mr. leagues to please support S. 214. It is Furthermore, the Attorney General Gonzales remains Attorney General. good legislation. It restores the natural pledged he would work with home That is why I am here this evening to balance of what has worked so well for State Senators to provide replacement preserve the Senate’s role in the con- a long time around here. Once we can U.S. attorneys. I listened to the Attor- firmation process and to restore our restore that natural balance, I think ney General’s comments, but we now system to the way our forefathers envi- the people all over this country will know the actions of his Justice Depart- sioned it. feel better about their local U.S. attor- ment in recent months do not match I compliment Senators FEINSTEIN, ney. the rhetoric he delivered. LEAHY, and SPECTER for their leader- I yield the floor. Specific information revealed last ship on this issue. This bill represents The PRESIDING OFFICER. The Sen- week shows the Justice Department de- a compromise on this issue, and the bi- ator from Arkansas, Mrs. LINCOLN, is liberately and deftly planned to cir- partisan leadership they have shown recognized. cumvent the rules for appointing U.S. should serve as an example to this en- Mrs. LINCOLN. Madam President, I attorneys by politicizing the emer- tire body. come to the floor this evening as a co- gency provision we authorized. I also thank the numerous U.S. attor- sponsor of Senator FEINSTEIN’s legisla- In one e-mail exchange between neys and their staffs all across this tion, S. 214, regarding the interim ap- White House staff and officials at the great Nation for the critical work they pointment of U.S. attorneys. I am here Department of Justice, the administra- do to protect our communities by en- this evening to vigorously restate my tion specifically plotted to ‘‘gum this forcing the laws of our Nation. Far too support for this bill and urge my col- to death’’ and otherwise to ‘‘run out often, they do not receive the credit leagues to support its passage. I signed the clock’’ in an effort to avoid the they deserve. on to this legislation in January fol- confirmation process to replace former It is unfortunate the Senate is hav- lowing the interim appointment of Tim U.S. Attorney Bud Cummins in Arkan- ing to set aside time to debate this leg- Griffin as U.S. Attorney for the East- sas. islation because we have so many ern District of Arkansas, who replaced These actions are a disservice to the pressing priorities that must be ad- former U.S. Attorney Bud Cummins. Justice Department, to this adminis- dressed as this year progresses. Yet we I take this opportunity to com- tration, and to all Americans. They have had to step aside and look at what pliment Senator PRYOR, who has done demonstrate a willful lack of trans- has gone wrong and how we can pre- a tremendous job in working with Sen- parency and respect for the system of vent it from happening again. ator FEINSTEIN and others on this legis- checks and balances our forefathers in- How has this breach of trust affected lation. His background as attorney stituted. They foresaw the need to our overall system? Most importantly, general in our State, along with his make sure the three coequal branches we have to look at what it has done to real ability within the Senate to work of Government would remain separate, the sentiments of the American peo- through these issues to bring a calm that there would be a balance and a ple—those who want desperately to and respectful response to the concerns check to make sure these different trust us, to trust those of us in the leg- that exist here has been a tremendous branches of our Government were oper- islative branch, to trust those in the asset to this body in being able to ating as they should. executive branch, and to trust those in bring the bill forward. I thank him and I recognize the U.S. attorneys serve the judicial branch to do our jobs, to be compliment him so much for his serv- at the pleasure of the President and there for them as part of the American ice. I am very proud to serve alongside they are political appointees. Lord, we democracy and what it is we stand for him here in the Senate. have heard that ad nauseam in this de- in this country, so they can trust that When the Congress reauthorized the bate, that these U.S. attorneys serve at the laws we create will be implemented PATRIOT Act last year, we granted the the pleasure of the President. But that without political bias, and that we administration the authority to ap- does not mean they can politicize the would work together as branches of point U.S. attorney vacancies on an in- law. It does not mean they serve the Government. terim basis. Remember, this was for President and they serve in these posi- When we look at, unfortunately, emergency circumstances. The admin- tions for political purposes. They serve what has happened, the mismanage- istration asked for this authority based in these positions as stewards of the ment that has occurred time and time upon the idea that if a national secu- law of this land. They serve in these again, from this administration par- rity issue arose requiring a new U.S. positions as public servants to defend ticularly—whether it was the civilian attorney, the Attorney General could the rule of law in this country. How- mismanagement we saw early on in step up and provide a replacement in a ever, they have a duty and a responsi- Iraq, or the mismanagement of FEMA time of crisis without the delay of the bility, as well, to implement the laws in Katrina, and the response the Gov- confirmation process. For those of us of our Nation without political favor or ernment has to the people of the gulf who come from places such as Arkan- bias. region, we look at these areas where sas, close to Oklahoma, the Oklahoma That is why the confirmation process the mismanagement that occurred has City bombing comes to mind where a is so very important, to ensure that eroded the faith of the American peo- Federal building may be destroyed, and nominees are qualified and are com- ple in this incredible democracy we are all of a sudden you need to make sure mitted to the rule of law. We know all so proud of. the proper authorities in public service they are going to be nominees of the Our democracy relies on independent are in place to be able to continue to President and that perhaps they cer- and unbiased law enforcement. It is our serve the public there. So we have cer- tainly are acquaintances or those duty to ensure that these problems are tainly references of where emergencies whom the President or administration corrected. I encourage my colleagues might occur. But in these instances we would know, but they still have to be to support Senator FEINSTEIN’s bill, S. have seen reviewed, I don’t think any- qualified and they still have to be able 214. body else could substantiate a real to implement the rule of law. It is an I yield the floor. emergency circumstance. important check and balance that has The PRESIDING OFFICER. The Sen- One of the first questions I asked the served our Nation well, and any at- ator from Rhode Island is recognized. Justice Department, when they asked tempt to undermine it represents a Mr. WHITEHOUSE. Madam Presi- to do an interim appointment so quick- breakdown in our system. dent, first, I thank the Senator from

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3262 CONGRESSIONAL RECORD — SENATE March 19, 2007 Iowa for his courtesy in allowing me to be false. We also know they have said out. Let’s start by looking at the cold, proceed. things that boggle the imagination. hard, numerical statistics on public I rise to commend Chairman LEAHY Perhaps they are true, but it seems corruption matters under this adminis- of our Judiciary Committee, and Sen- mighty unlikely. tration, again with expert help, if nec- ators CHUCK SCHUMER and DIANNE FEIN- The big question within this shame- essary, and certainly with full regard STEIN, my senior Senators on that com- ful cloud of admitted falsehood, inevi- for the confidentiality of such inves- mittee, for their very deep concern table falsehood, and probable falsehood tigations, and let’s see what the fac- about the politicization of the Depart- is this: What truth hides behind the tual record is and what it suggests. We ment of Justice by the Bush adminis- bodyguard of lies? Is it this: U.S. attor- can then proceed as necessary. tration. neys who prosecuted public corruption God forbid this should be so, but the As you know, I am new to this body, cases against Republicans or those who air is thick with reasonable suspicion but having served as Rhode Island’s did not bring public corruption cases which must be laid to rest, and if the U.S. attorney for 4 years, I want to against Democrats were terminated worst should prove true, God forbid the share some thoughts based on that ex- with extreme political prejudice? Is Senate fail in its duty to preserve, pro- perience. that what made them fail the Depart- tect, and defend the integrity of our First, I want to point out that even if ment of Justice test that they be Government where its integrity should everything the administration has said ‘‘loyal Bushies’’? Is that what made least be questioned—in the U.S. De- about their firing of these U.S. attor- Carol Lam a ‘‘real problem’’ for the De- partment of Justice. neys were true—and we certainly have partment of Justice on the day Repub- I look forward to working with my cause to doubt that—there is still a lican corruption indictments were an- learned colleagues on the Judiciary very real concern here that merits the nounced? Committee to do whatever is necessary attention of this body over the inde- Like dead flesh that must be excised to restore the honor and credibility of pendence of the U.S. attorneys. before a wound can heal, like rotten a once-proud department and the tradi- My experience convinces me—and it wood that must be scraped away before tion of its able and independent U.S. convinces me firmly—that Main Jus- rebuilding can begin, the cloud of false- attorney corps. In the meantime, I tice and the U.S. attorneys in the field hood that now wraps around the De- hope we will all support Senator FEIN- check and balance each other in a way partment of Justice must be dispelled. STEIN’s commendable legislation, S. that is very healthy for the adminis- It must first, again, become a depart- 214, to close the PATRIOT Act loophole tration of justice in this country. Even ment of truth or else it can never again that may have invigorated the Bush if the mass firings—the purge of U.S. be our American Department of Jus- administration in its unprecedented as- attorneys—had been done to punish tice. We cannot tolerate a Department sault on the U.S. attorney corps. policy differences with the Department of Justice or an Attorney General who I thank the Chair. of Justice, the firings would still defeat will not give the complete truth and The PRESIDING OFFICER (Mr. that healthy check and balance. face the consequences. SANDERS). The distinguished Senator Bear in mind that nothing has been I think at least three questions must from Iowa. shown that suggests the exercise of be pursued by the Judiciary Committee THE SMITHSONIAN INSTITUTION: CANCEL THE graduated discipline one would expect or, if and when necessary, the entire CHAMPAGNE in any kind of a well-managed setting. Senate. Mr. GRASSLEY. Mr. President, For instance, Carol Lam was ostensibly One, let’s review authoritatively the every year hundreds of thousands of fired for not prosecuting enough low- historic relationship between U.S. at- Americans come to our Nation’s Cap- level immigration cases. But when she torneys and the Department of Justice, ital for what will be for many a once- was here testifying before us, she testi- if necessary with expert assistance in-a-lifetime vacation. A highlight of fied she was not told that when she was from historians and input from U.S. at- that visit for most families is seeing fired; nor, evidently, was she ever told torneys who served in past administra- the Smithsonian museums. beforehand this issue was a serious tions. The Smithsonian, as everybody problem for her or that it might cost The President of the United States knows, is home to many of our Na- her job. has said this selective mass firing of tion’s treasures, from Lincoln’s top hat Even enemy ships usually get a warn- U.S. attorneys is—this is his quote— to the Hope Diamond. I have a picture ing shot. So the message of these ‘‘customary practice.’’ As a former of the Hope Diamond here. The Smith- firings to the U.S. attorneys from the U.S. attorney myself, I believe that sonian receives over 70 percent of its Bush administration is this: You serve statement by the President of the support from the Federal taxpayers, at our whim. You displease us at your United States to be false. His own De- over $700 million a year of taxpayers’ peril. A sudden firing awaits you if you partment of Justice officials seem to money just in the last year. In addi- cross us. have conceded in their e-mail traffic tion, the Smithsonian receives over That is a very bad message to send in that it is false. But let’s take a thor- $200 million in donations each year. the context of this traditional balance. ough look because—I should not have These donations are tax deductible, so Intimidation by purge is a tactic far to state the obvious—our President the taxpayers also subsidize these char- better suited for a Soviet ministry of should not be saying things that are itable gifts as well. Thus, Federal tax- justice than for the U.S. Department of not true and also because that historic payers either pay for or subsidize al- Justice—that is, if everything they balance between independent U.S. at- most the entire Smithsonian budget. have said is true, which brings us now torneys serving in the field, in their Given that money is fungible, when to the question of the Department of districts, before their judges, and taxpayers’ dollars are paying for one Justice telling the truth. knowing their communities, against thing at the Smithsonian, that frees up Let me start by saying, as I have said the group here in Washington that runs other money for the Smithsonian to to the Attorney General directly, un- Main Justice, that historic balance has spend elsewhere. less you are first a department of value which should not be destroyed. Despite the strong support the truth, you will never be a Department Two, let’s get the full, exact, unvar- Smithsonian receives, the Government of Justice. Without truth, there can be nished truth of what happened, and Accountability Office recently found in no justice. We know already—because let’s fix accountability for things that a record that there was significant they have admitted it—the Department were said that were false. Falsehood damage to Smithsonian buildings and of Justice came before the Senate days has no place within the halls of the De- some exhibits because of water leak- ago and told us things that were not partment of Justice. Whatever needs to age. In fact, one of the Smithsonian true. We also know they have said be done to dispel the clouds of false- buildings on the Mall, the Arts and In- things that are inconsistent. They have hood, we must do. dustry Building, has been closed to the not yet told us which statement is true Three, if, indeed, the worst is to be public because of damage to the roof. and which statement is not true, but feared and this Department has in- The Smithsonian seems, on one hand, they have said things that cannot both fected its pursuit of political corrup- to have recognized the need to tell be true. At least one must inevitably tion with partisan bias, let’s find that their employees they need to pinch

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3263 pennies. The Washington Post, in a office a museum annex goes against the lished over 100 years ago for the Board story in this morning’s paper, cites a best practices of museum directors. of Regents, and I feel that architecture Smithsonian memo sent to employees The Smithsonian’s collection is for the is one of the biggest dinosaurs in the urging them to save energy by turning people’s enjoyment, not for private en- Smithsonian. We have to look at that off decorative and accent lighting. joyment. architecture of that governance. The Unfortunately, while the rank-and- It is a sad statement of the Secretary board structures and duties have clear- file at the Smithsonian and the and the board’s priorities when one of ly not kept up with the times in terms strength of this great institution were the newest rooms at the Smithsonian of the best governance practices in the told to count the pennies and turn off is the Secretary’s office—this at a time nonprofit sector. the lights, the Secretary of the Smith- when the Smithsonian is struggling to In addition, the board’s actions of sonian, Mr. Lawrence Small, was keep the buildings open. blessing, after the fact, of Mr. Small’s throwing hundreds of thousands of dol- In addition to spending on his house expenditures and actions is extremely lars out the window. Money was and office, what hasn’t been reported troubling. In my State of Iowa, we call thrown at his house, his office, and yet are the enormous amounts of funds this the legislature passing a ‘‘legaliza- first-class travel for Mr. Small and his spent on top-of-the-line travel by both tion act,’’ and it raises very real con- wife. Mr. and Mrs. Small. The accountant cerns in my mind of whether the board One of the great treasures in the hired by the inspector general found is running the Smithsonian and its sec- Smithsonian is Dorothy’s ruby slippers example after example of Mr. Small retary or whether the Secretary is run- from ‘‘The Wizard of Oz,’’ as shown in and his wife traveling with expenses ning the board. this picture. What Dorothy learned in that far exceeded what Federal em- The actions of the Smithsonian that classic movie is that ‘‘there is no ployees are allowed to spend. I will Board of Regents calls to mind my place like home.’’ highlight just two trips for my col- work with some problems with the Just like for Dorothy, for Mr. Small, leagues, but I want you to know there American Red Cross. This is another there is no place like home. The Sec- are many more about which I could organization on which I have con- retary of the Smithsonian has taken speak. ducted oversight. I am pleased that the that sentiment to heart, spending hun- Mr. Small and his wife decided to Senate recently passed legislation that dreds of thousands of dollars on paint- take a trip to Las Vegas in 2002. The I sponsored that reforms the govern- ings, repairs, house cleaning, lawn reason ostensibly was to attend the ance of the American Red Cross. The service, even his cable, and presenting opening of a portrait and a press con- Red Cross is a great American institu- the bill to the Smithsonian for pay- ference. That, of course, meant a tion that also needed to modernize its ment. $3,464.50 first-class airline ticket for governance, and I worked closely and The Smithsonian Board of Regents each. They then stayed at one of the successfully with the Red Cross leader- wants to justify the million-dollar-plus best hotels in Las Vegas, the Venetian, ship and was pleased that they recog- in expenses paid for at Mr. Small’s at nearly $500 a night, and enjoyed a nized the need for fundamental change. house, which he owns, because the $170.79 dinner for two at the Belaggio. I hope the Smithsonian Institution will Board of Regents claims he does offi- They say what happens in Vegas look at the Red Cross’s experience for cial Smithsonian entertainment at his stays in Vegas, but I am going to make guidance. home. an exception. I posted on the Finance While the board has much to account What are some of the expenditures at Committee Web site these travel for, that does not excuse where the re- Mr. Small’s house? Perhaps most in- vouchers. sponsibility lies—with the Secretary of credible is that the Smithsonian has While the Vegas getaway is bad the Smithsonian, Mr. Small. While the paid for roof repairs for the Small’s enough, I think the trip to California board should have been more vigilant house at a time when the Smithsonian in 2001 shows a real window into the in its work and overseeing its public can’t find the money to fix the roof at problems at the Smithsonian. Mr. trust, make no mistake, it is Mr. Small the Smithsonian museum. But along Small spent over $2,800 in chauffeured who ordered the champagne and hand- with the roof, let me list some other limousine service in 4 days, including a ed the bill to the Smithsonian. items we are paying for: a chandelier whopping $1,319 in 1 day. I want every- So let’s put to rest this argument cleaning for $2,535; a pool heater for body to know I have a car I would be that I have heard from some that Mr. $4,225.77; three new French doors for glad to sell to the Smithsonian for Small should not be held accountable $14,525. what they paid for that car service. for his actions because the board al- Having the taxpayers and the Smith- What is even worse, if that is pos- lowed it to happen. I think that excuse sonian donors pay for what I describe sible, is the excuse given for this out- is way beyond the pale. We have a right as a champagne lifestyle? Priceless. of-control spending. to expect the Secretary of the Smithso- Let me turn now to Mr. Small’s of- In a memo justifying the car service nian to have the common sense to fice at the Smithsonian castle because in California, the claim is made that know if he wants Dom Perignon, he he has turned that castle into a palace. there would be ‘‘a safety risk for needs to pay for it out of his own pock- Again, the Smithsonian tells its hard- [Small] to carry as much cash as would et. working employees that they need to have been needed to pay for a taxi. The other argument I hear is that save every cent possible by turning . . .’’ Even children who claim dogs ate Mr. Small should be excused of his tax- down the lights but wasted every dollar the homework are embarrassed by that payer-supported lifestyle because he possible on Mr. Small’s office suite. excuse. These are very serious prob- has raised money. First, let’s remem- We have just one example here. These lems, and I would say the more we ber that 70 percent of the dollars come chairs reported in the Washington Post look, the worse it gets in regard to the from the Federal Government. Sec- this morning are ‘‘probably some of the leadership at the Smithsonian. ondly, I think it is insulting that Mr. best quality chairs you can buy.’’ I am pleased that the Smithsonian Small’s supporters are trying to give Those are the words of the Washington Board of Regents is announcing today him credit for every dollar raised at Post. These chairs are $2,000 each. the creation of two boards: one a group the Smithsonian. There are dozens of There is a conference table for $13,000, of outsiders to review the work of the people being paid top dollar at the thousands of dollars on carpeting and board, and a second group, comprised I Smithsonian, including the museum di- upholstery, and even finding the money understand mostly of Board of Regents rectors, to help raise money as well. to spend $1,502 on a wall sconce. I don’t members to look at board governance They are all helping to pull that very know if they turn that off, as he has at the Smithsonian. big weight. told the employees to turn off lights. I am pleased that the Board of Re- Finally, Mr. Small’s supporters act In addition, Mr. Small has decorated gents is taking these needed steps. I as if no one raised a dime before he his office suite with enough paintings may not agree with the members of the showed up. The Smithsonian is our Na- and artifacts from the Smithsonian board and how they have handled tion’s great museum. Many patriotic collection that it would be the envy of things, but let me say that I have Americans want to show their support many museums. Making one’s personal looked at the governance setup, estab- and give to this institution regardless

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3264 CONGRESSIONAL RECORD — SENATE March 19, 2007 of who is in charge, if they have the begin my legal career as an assistant great country. They have great power, confidence that the money is going to prosecuting attorney in the court- prosecutors in our country. The deci- be spent wisely. For example, the rooms of Jackson County, in Kansas sions they make, as they apply those Smithsonian received $123 million in City, MO. I learned so much in those facts to our law, can achieve justice. donations in 1999, and that was more first few years that I toiled as an as- Those same decisions can also ruin than double the amount the year be- sistant prosecutor. I had a felony dock- lives. fore in 1998. This included, by the way, et, and I was learning from great pros- What is happening right now in the $60 million from Steven Udvar-Hazy to ecutors. It is inspiring when I think United States as it relates to these build the new Air and Space Museum back on the quality of legal work that eight U.S. attorneys, frankly, isn’t near the Dulles Airport, as well as $10 was going on in those courtrooms on that important in the grand scheme of million from Ralph Lauren to preserve behalf of the public by the prosecuting things to those eight U.S. attorneys, or the Star-Spangled Banner. All of this attorneys who worked there for very those eight prosecutors. Am I sorry fundraising was done before Mr. little money. that they have been caught up in what Small’s arrival. I was mentored on the rules of evi- appears to be a political scandal as it Thanks to the growing economy and dence and on courtroom strategy, but, relates to their firing? Am I sorry that new tax laws that I have helped cham- most importantly, I was mentored on they have been maligned, and it was pion that encourage greater charitable the rules as they relate to the ethics of said that they were underperforming giving, it should be expected that char- a prosecutor. Where is that line and when, in reality, this was about being a itable giving will be up at the Smithso- how do you draw it? How does a pros- ‘‘loyal Bushie’’? nian. In fact, charitable giving is up ecutor make the decision as to whether By the way, I am quoting the e-mail across the country. this is justice in terms of a sentence or when I say ‘‘loyal Bushie.’’ That is the The supporters of Mr. Small who this is not justice, and it must be put only reason I would use that term on want to point to fundraising to wash in the hands of a jury when you are the floor of the Senate, quoting that away the thousands of dollars spent trying to decide plea bargains. Charg- document. painting Mr. Small’s own house re- ing decisions: how do you decide when What really is happening is very im- minds me of the rooster who crows and someone is charged with a felony or portant to all the other prosecutors thinks he caused the Sun to rise. whether you let it go with a mis- across the United States of America, The Smithsonian is the people’s mu- demeanor, or perhaps not charge at all? particularly those prosecutors in the seum, and it contains America’s treas- Those lessons were so fundamental to Federal system because, frankly, what ures. The American people have a right the work that was done. It was from the Justice Department is implying is to have someone as a Secretary of the that experience that I began to re- if you still have your job as U.S. attor- Smithsonian who enjoys their con- vere—revere the rule of law in the ney, you are loyal to the President of fidence. I believe the Secretary of the United States of America. It is funda- the United States and that is why you Smithsonian has lost the confidence of mental to our democracy. It is the en- kept your job; not that you were loyal the American people with his actions, gine that runs our democracy. It is the to the law. The Attorney General’s ac- actions that have been contrary to the envy of the rest of the world. tion implies they kept their jobs be- public trust that he has been given. It As I have traveled from time to time cause they were loyal to the President. is proper and needed for the Board of in other countries, I have seen this It is not OK to judge a prosecutor Regents to take a hard look at itself firsthand. I will never forget a time through a prism of political loyalty. and the actions from the board. More when I was in a foreign country and we The facts show that these decisions in- immediately, however, I would suggest got pulled over by a police officer. We cluded discussions of the prosecutor’s the Board of Regents needs to consider asked the native who was helping us loyalty to the President, and because whether the Secretary of the Smithso- around the country that day: What is of that fact, and that fact alone, the nian should continue in his position, a this? He said we have to pay him. I re- Attorney General owes them and the position that he should continue in member thinking to myself how fortu- rest of America much more than an only if he has the trust and confidence nate we are in America that there isn’t apology. He owes them his resignation. of the American people and their rep- an ingrained system of bribery on the TRIBUTE TO FORMER SENATOR TOM EAGLETON resentatives. streets of our cities because we have Also, as a young prosecutor, I was I think the board itself has learned a this rule of law. very fortunate to have a man who was lot recently, and if the Board of Re- What is the heart of the rule of law? a mentor to me and continued to be a gents looks closely at the facts and lis- At its very essence, if you strip away mentor until, very sadly, the end of his tens to what the people are saying, it everything else, what is core and cen- life just a few days ago. He was a great will have to consider very hard wheth- tral to the rule of law? It is the inde- politician, and there is no place he er the time has come to turn off the pendent prosecutor. It doesn’t matter would prefer to be called that than on lights in the Office of the Secretary of if you become a prosecutor by election the floor of the Senate. the Smithsonian. or selection. Once you take that oath, There is a hole in the heart of Mis- Mr. President, I yield the floor. once you raise your hand and swear to souri with the death of Senator Tom Mrs. MCCASKILL. Mr. President, the job that you are about to take, you Eagleton. He was a giant among lead- first, I have had the opportunity to lis- must become blindfolded to any polit- ers and leaves a legacy that should ten to my colleague from the great ical considerations. You must see all guide public servants and Senators for State of Iowa, and I want to tell Sen- lawbreakers as equal whether the law- generations to come. ator GRASSLEY that I couldn’t agree breaker is a Congressman, a police offi- Beginning in 1956, at the age of 27, he with him more in the speech he just cer, or a high school dropout who is un- also became a prosecutor. He was elect- gave concerning the leadership of the employed. ed the prosecutor of St. Louis city, a Smithsonian museum. I find it is not What is so offensive about the e-mail circuit attorney. In a brief 12-year dissimilar to some of the problems we traffic that has been discovered at the span, he became elected prosecutor of found from time to time with college Department of Justice surrounding the St. Louis, went on to be elected to the presidents of public universities, that firing of eight prosecutors in the Fed- attorney general’s position and then on somehow we get off the beaten path in eral criminal justice system has been to Lieutenant Governor and on to U.S. terms of taxpayer funding. I certainly their reference to loyalty—‘‘loyal Senate—a whirling dervish of energy, commend him for the work he is doing Bushies’’—loyalty to the President intellect, and ambition. in that area. and, by implication, to his party. In 1968, when Missourians sent our I rise this afternoon, however, to talk Prosecutors I have known, and I am ‘‘boy wonder’’ to Washington, we knew a little bit about something that is so lucky that I have known hundreds, he would achieve greatness, and he cer- close to the heart of our democracy, have loyalty to only one thing, and tainly didn’t disappoint us. Within his and that is the rule of law. As a very that is to the law. Good American pros- first term, he had already begun to young lawyer out of law school, I was ecutors are slaves to the facts of the turn the tide on the environmental very blessed to have the opportunity to case and loyal only to the law of this damage that had ensued within the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3265 half century after the industrial revo- laughed and we cried. Some giants me to see a Gerald L.K. Smith protest at lution by helping craft the Clean Air from the Senate were in attendance, Kiel Auditorium. Smith was a racist Act of 1970 and the Clean Water Act of and some Democratic ward workers ‘‘preacher’’ in the style of Bob Jones of Bob Jones University. 1972. He was a strong advocate for chil- from a nearby political ward who had Until 1944, dad was a Teddy Roosevelt Re- dren with disabilities and created the been working the phones and putting publican. He took me to the 1940 Republican National Institute on Aging. up yard signs for 30, 40 years—all sat convention in Philadelphia where Wendell While much of what Senator Eagle- together and listened to great stories Willkie was nominated. Dad thought Willkie ton did in the Senate made a true im- about a great man. was the ‘‘second coming’’ of Teddy Roo- pact on America and the world, no ac- We all appreciated the fact that Sen- sevelt. tion may have been as great as his ator Tom Eagleton wanted the last In 1938, dad drove me by a German Bund handwritten amendment that stopped word. So, a year before his death, he (pro Nazi) meeting at Grand and Lafayette and explained the dangers of Hitler and anti- the bombing in Cambodia. This coura- wrote a letter—I would like to make it Semitism. geous act changed the course of history part of the RECORD today—that every- He did not take me, but he arranged to by subsequently ending the Vietnam one who attended the memorial service have someone else take me to Winston war. His complete grasp of the com- was lucky enough to receive. It talks Churchill’s ‘‘Iron Curtain’’ speech at West- plexities of foreign policy continued about his life, it talks about his service minster College in Fulton, Missouri. I wrote until his death. in the Senate, it talks about the things up the speech for the Country Day News, but As he talked to me in February of that were important to him, and about left out the ‘‘Iron Curtain’’ part as being 2005 and tried to convince me to run for lesser importance than other portions of his his family—which was most important speech. the Senate, he said to me: Claire, this to him. But you got the sense of the Let me make it clear that my father did war in Iraq is a disaster and, believe man even from his farewell address, not push me into politics. His advice to me me, it is going to get much worse be- and I will close today by using the last was to first get established as a lawyer and fore it gets better. line he used in the letter he wrote that then consider politics. When I ran for Circuit Even in the later years of his life, he he wanted distributed at his memorial Attorney at age 26 he said, ‘‘You are making was a virtual fountain of information service: a mistake. Wait a few years.’’ about foreign policy across the world. In the Senate, I tried my best to express So go forth in love and peace—be kind to and vote my conscience. I confess to several Despite the fact that Senator Eagleton dogs—and vote Democratic. ‘‘hold your nose’’ votes, like support for the was a scholar at Amherst College in I ask unanimous consent the letter dreadful price support program for cotton Massachusetts and Oxford and a cum be printed in the RECORD. which, at one time, was the crop of choice in laude graduate from Harvard Law There being no objection, the mate- the Bootheel of Missouri. I think Senator School and prominent attorney and rial was ordered to be printed in the Phil Hart, Senator Mike Mansfield, my won- derful friend Gaylord Nelson and Jack Dan- politician, he could relate to anybody. RECORD, as follows: ‘‘Just call me Tom,’’ he would always forth were amongst senators who voted their [From STLtoday.com, Mar. 11, 2007] true conscience on every vote. say, with a warm grin and a firm hand- You may wonder why I mention Jack Dan- THOMAS F. EAGLETON FAREWELL ADDRESS shake. That was his style— forth. There is a possibility that God is a Re- plainspoken, genuine, and usually the Senator Tom Eagleton wrote the following publican, and at this point I feel it best to funniest man in the room. words of farewell in May, 2006, with instruc- cover all my bases. His ability to be the voice of every- tions that they be shared with his family and I am most proud that the ‘‘Eagleton day Americans was the reason he was friends at Saturday’s memorial service. Amendment’’ was the legislative act that fi- Barbara, Terence, Christy, Michael, grand- nally ended U.S. participation in the dread- elected to three terms in the U.S. Sen- children Barbara, James and Greg, and ate and the same reason it was so hard ful Vietnam War. I am proud of the original friends all: version of the War Powers Act which, had it for him to leave public service in 1986. This is my last audience and, thus, I think been enacted as the bill left the Senate, But, characteristically, he left office I am entitled to the last word. would have re-established the shared powers with very modest words. He said: Using Lou Gehrig’s famous quote, ‘‘I con- of the President and the Congress when our There is no sadness in leaving public life sider myself the luckiest man on the face of nation went to war. This is what our Found- while you still have something worthwhile the earth.’’ ing Father envisioned. to do and the time and motivation to do it. I have had a wonderful, understanding I am proud that, when Senator Muskie ran wife. She has endured all of my foibles and I And that he certainly did. In the fa- for President in 1972, he directed me to take love her for it. I have been an absentee fa- over our Environmental Subcommittee and mous style and personality that was ther. Politics is an all-absorbing, all-con- we passed the first major Clean Air and Tom Eagleton, he went from public of- suming profession. It takes a total, exclusive Clean Water Acts. By Muskie’s anointment, fice but not from public life. A univer- grip on one’s life. So I apologize to Terence I was the first Vice Chairman for a standing sity lecturer, political commentator, and Christy and express how much I love committee in the Senate. writer, philanthropic fundraiser, com- them. After leaving the Senate, I never missed munity advocate, sports enthusiast, I most fondly remember my mother. I was being there—except for the debate on the Tom continued to pursue dreams of a her favorite. I am reluctant to use Nixon nomination of Bork and the horrible, disas- phraseology, but my mother was a saint. She different kind. trous Iraq War. That war will go down in was a gentle woman and had the strength to American history as one of our greatest While Tom shied away from claiming put up with such determined personalities as blunders. It will be remembered, in part, as due credit, his good friend and col- my father, my brother and me. a curse to our Constitution when Attorney league from the other side of the aisle, From early days, I wanted to be a senator. General John Ashcroft attempted to put a Senator John Danforth, summed up his My father would have made a great one. He democratic face on torture. Vice President amazing political career by saying: was a magnificent trial lawyer. He was, in Richard Cheney and Secretary of Defense my mind, as great a speaker as FDR. He did What has set Tom Eagleton apart from the Donald Rumsfeld also will go down in his- not do so well in politics because he insisted rest of us is not his intellect and his energy, tory for their total lack of planning for post- on making every campaign decision by him- as impressive as they are. It is his moral pas- war Iraq. self. I think, in a subliminal sense, I oozed sion, his capacity for outrage, his insistence I think, frankly, people stay too long in into politics because I knew I could not be as that justice be done, that wrongs be made Congress. The world changes so rapidly that great a lawyer as him and maybe I could right. I think there should be a consistent and con- prove to be a good politician. tinuing infusion of new blood and fresh brain More than what Americans gained My father was one of my three idols along power into the legislative process. Eighteen from his victories, achievements, de- with FDR and Eugene Hecker, my English years for me was enough. grees, and accolades is the lessons we teacher at Country Day School. Mr. Hecker I set forth my own critique of my Senate find in his words that we can take into thought every American should be able to service. I could and should have done more. the future: read, write and speak the English language— I had the energy. I had the desire. In ana- including his students. lyzing myself, I blame it on my quickly mov- Be civil and modest. Act with courage and My dad did not think in insular or paro- ing attention span. Ted Kennedy has spent 30 integrity. Pursue your dreams and do right chial terms. He thought a youngster should plus years on National Health Insurance. I by your neighbors. And most of all, don’t be exposed to all sorts of views. Once he took could not do that. I was too impatient. I take yourself too seriously. me to the old Coronado Hotel to hear Nor- wanted quick action and if I didn’t get it in His memorial service was a wonderful man Thomas, the frequent Socialist can- a few years, I would move on. That is a tribute to Tom Eagleton. We all didate for president. Another time he took major fault for any legislator.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3266 CONGRESSIONAL RECORD — SENATE March 19, 2007 Finally, a word about the Catholic Church. Nisei Linguists chronicles the history duty in a vehicular accident. I extend This may seem to be a strange topic to be of the Japanese in America, the events my heartfelt condolences to the fami- raised by me, but we are here in church and leading to the War, the creation of the lies of Agent Ramon Nevarez, Jr., and this is my final word. I do not pretend to be MIS, and the Nisei involvement in the Agent David Tourscher for their loss. the world’s greatest Catholic. Nevertheless, I Agent Nevarez is survived by his think the Catholic Church is a vital part of War. American life, conscience and thought. Just For the soldiers of the Military Intel- wife, Bonnie, his mother Juana, his sis- as our Constitution is a remarkable, living ligence Service, and their brethren in ter Viridiana, and his brother Ryan. code of governance and made relevant to the the 100th Infantry Battalion and the Agent Tourscher is survived by his fa- time in which we live, so too the doctrine of 442nd Regimental Combat Team, their ther Gary and his mother Jeanne. the Catholic Church is a living code of moral service was much more than an obliga- Border security is one of our first behavior and belief which must be relevant tion to the land of their birth; it was lines of defense in the United States. to the time in which we live. Its timeliness an opportunity to prove themselves as An important part of that security is relies upon its capacity to adapt. loyal American citizens. As many the men and women who are willing to I am a Pope John XXIII and an Archbishop serve on the front lines of our borders John L. May Catholic, believing in what friends, neighbors, and relatives were they said and what I believe they would have transported to concentration camps in as Border Patrol agents. Agent Nevarez said had they lived longer. various locations around the United and Agent Tourscher were two such The outreach of the Catholic Church from States, Nisei soldiers enlisted and brave men, and I know the Senate joins Pope Pius IX to Pope Pius XII was not the served with great distinction. me in thanking their families for the ∑ outreach of Pope John XXIII. It is John According to Chief of Military His- service of those two men. XXIII who made the Catholic Church rel- f evant to the 20th Century and future popes tory Dr. Jeffrey Clarke, Nisei Linguists must make it relevant to the 21st Century. It also reminds us that: BURLINGTON COMMUNITY HEALTH was Archbishop May who made the Catholic the entire experience provides valuable les- CENTER Church relevant to the 20th Century in St. sons to U.S. Army officers both present and ∑ Mr. HARKIN. Mr. President, this future. In fact, the Global War on Terrorism Louis. In the era of a Christian right, we spring, the new community health cen- seem to have merged God’s power into polit- underlines the need for similar capabilities ical power. and programs as the Army girds itself for the ter in Burlington, IA, officially opened I am an optimist about death and believe sustained struggle ahead. for business. Having secured funding there is a there there. Somehow, in some As chairman of the Committee on for the center and attended the manner, I will be meeting my parents, my Veterans’ Affairs, I am privileged to groundbreaking ceremony last June, I brother and my friends. Somehow, Bob know how important this health care Koster will be waiting for me to tell me co-host an event marking the publica- tion of Nisei Linguists on Tuesday, facility is to Burlington and the sur- where I can buy everything 10% off. rounding communities. At long last, March 20th. Among those in attend- So go forth in love and peace—be kind to Des Moines County has a permanent, dogs—and vote Democratic. ance will be Dr. McNaughton, Dr. unified medical and dental clinic some- Tom E. Clarke, and a number of World War II thing that has been sorely needed for The PRESIDING OFFICER. The Sen- Nisei veterans, including those who many years. ator from Hawaii. served in the MIS. This is a truly unique community Mr. AKAKA. Mr. President, I ask Mr. President, I yield the floor, and I health center. It is housed on the unanimous consent that I may speak suggest the absence of a quorum. grounds of Southeastern Community as in morning business. The PRESIDING OFFICER. The College. And there is an agreement be- The PRESIDING OFFICER. Without clerk will call the roll. tween the CHC board and the commu- objection, it is so ordered. The assistant legislative clerk pro- nity college to allow nursing and f ceeded to call the roll. health aide students to do some of Mr. REID. Mr. President, I ask unan- NISEI LINGUISTS their training in the center. This gives imous consent that the order for the the center an edge in recruiting staff, Mr. AKAKA. Mr. President, as we quorum call be rescinded. and it gives students hands-on training mark our fourth anniversary of our in- The PRESIDING OFFICER. Without opportunities right there on campus. volvement in Iraq, I wish to highlight objection, it is so ordered. Clearly, this is a win-win-win arrange- an important chapter in our military f ment for the center, for the community history. With foresight that proved to college, and for the entire Burlington be a significant factor in America’s MORNING BUSINESS community. victory in World War II, the U.S. Army Mr. REID. I ask unanimous consent I salute Ron Kemp and others who established a Japanese language school that the Senate now proceed to a pe- had the vision to create this new com- a few months before the attack on riod for the transaction of morning munity health center, and the persist- Pearl Harbor, and recruited students, business, with Senators permitted to ence to transform their vision into second-generation Americans of Japa- speak therein for up to 10 minutes bricks and mortar. The facility is wel- nese ancestry, or Nisei, who would be- each. coming, modern, and well equipped. come interpreters and translators in The PRESIDING OFFICER. Without And the staff members are truly an in- the Military Intelligence Service. objection, it is so ordered. spiration. They have a special passion Their ability to infiltrate the psyche of f for their work, and take pride in the our enemy through their knowledge of fact that they are providing first-rate Japanese culture and language is cred- ADDITIONAL STATEMENTS health care to underserved commu- ited with bringing the war in the Pa- nities. cific to a quicker conclusion and later, Dr. Martin Luther King, Jr., used to AGENTS RAMON NEVAREZ, JR., helping turn bitter foes into strong al- say that ‘‘Life’s most persistent and AND DAVID TOURSCHER lies. urgent question is: What are you doing In 1994, I was among a number of ∑ Mr. DOMENICI. Mr. President, I rise for others?’’ The staff members at the Members of Congress, including my today to remind the Senate that not community health centers of southeast colleague and fellow World War II vet- only are brave men and women serving Iowa have answered that question in eran, the senior Senator from Hawaii, their countries overseas, but they are powerful ways. They have committed DAN INOUYE, who asked the Secretary serving here at home, too. That service themselves to providing high-quality of the Army to publish an official his- can end in tragedy, even on our own health care to all comers, regardless of tory of the Military Intelligence Serv- soil. ability to pay. All are welcomed equal- ice. Today, I am honored to announce Such an incident occurred last ly. All are served with professionalism the publication of Nisei Linguists, Jap- Thursday, March 15, 2007, near Cotton and excellence. anese Americans in the Military Intel- City, NM. I am sad to report that on As chair of the Health and Human ligence Service During World War II, that day, two Border Patrol agents as- Services Appropriations Sub- by Dr. James McNaughton, Command signed to the Lordsburg, NM, border committee, I am 100 percent com- Historian, U.S. European Command. patrol station were killed in the line of mitted to securing appropriate funding

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3267 for community health centers all the numerous individuals he has VA Puget Sound Healthcare System. I across America. One thing I know for mentored and encouraged over the want to thank him for his many years certain: Every dollar Congress appro- years and who, because of his guidance, of hard work and leadership. priates for centers like the one in Bur- are now prepared to carry on his work. Our country makes a solemn promise lington is a dollar spent wisely and fru- It is important that we in Congress to our servicemembers and their fami- gally. It never ceases to amaze me how recognize the many men and women lies, and every day dedicated VA em- their staff members are able to do so who devote their working lives to im- ployees help keep that promise. Direc- much—and to serve so many people— prove the lives of others. Career civil tor Williams faced many challenges in with such limited resources. servants often do their work in quiet providing care in the Puget Sound, I dare say that nobody in the health anonymity behind the scenes providing from increasing caseloads to difficult care profession faces greater challenges vital service to the American people. budgets. Through it all, he approached than those who choose to work in com- They are rarely recognized for their those challenges with unparalleled re- munity health centers challenges in- important contribution. Bob spect, understanding, and compassion cluding chronic illness, cultural and Rothenberg is one of those people. His for our veterans. linguistic differences, geographical record of leadership at the Social Secu- Throughout the country, the VA is barriers, homelessness, and on and on. rity Administration and his commit- recognized as providing some of the Nothing stops these superb profes- ment to providing the American people best health care in the Nation. The VA sionals. with effective and compassionate serv- has led the way in pioneering elec- And one more thing: Community ice is a record of which he can be justly tronic medical records and critical health centers have a well-deserved proud. health research, much of which has reputation for caring and kindness. In I wish Bob all the best in his retire- been done in Seattle and Tacoma under some ways, their physicians and nurses ment from Federal service and thank the direction of Director Williams. On are a throwback to another era. They him for his many years of dedicated behalf of the constituents I represent, I offer a direct and personal style of service.∑ want to thank Director Williams and health care. They follow up. They care f all of the dedicated VA employees who about prevention and wellness. have worked so hard to reach those So I am deeply grateful to executive HONORING JESSE L. BROWN milestones. director Ron Kemp, to Dr. Beverly ∑ Mr. MCCAIN. Mr. President, today I Director Williams has been a tireless Simone, the president of Southeastern pay tribute to the life and service of champion for veterans. Working close- Community College, to the center’s Ensign Jesse LeRoy Brown, U.S. Navy. ly with Veterans Service Organiza- dedicated board members, to Ted Ensign Brown was born in Hattiesburg, tions, individual veterans, and the con- Boesen, executive director of the Iowa/ MS, on October 13, 1926. He enlisted in gressional delegation, he was always Nebraska Primary Care Association, the Naval Reserve in 1946 and was ap- willing to work with people, to listen and to all the other people who made pointed a midshipman, U.S. Navy, the to their needs, and to sit down and dis- this new facility possible. They work following year. After attending Navy cuss what is possible. their hearts out to provide the very preflight indoctrination and flight From hosting the VA’s Wheelchair best health care to some of our most training, he was designated a naval Games in 1995, to establishing one of needy citizens. I deeply appreciate aviator in October 1948, the first Afri- the Nation’s best spinal cord injury their passion, their compassion, and can American to achieve this status. centers, to renovating the cancer clinic their dedication to public service.∑ Midshipman Brown was then assigned and bringing a Fisher House to the Se- f to Fighter Squadron 32. He received his attle campus of the VA Puget Sound, commission as an Ensign in April 1949. Director Williams leaves behind a RETIREMENT OF BOB During the Korean war, he operated great legacy of championing the needs ROTHENBERG from USS Leyte, flying F4U–4 Corsair of veterans. ∑ Mr. HARKIN. Mr. President, today fighter aircraft in support of United Circumstances were never easy for we recognize a distinguished executive Nations forces. On December 4, 1950, the VA’s Puget Sound health care sys- at the Social Security Administration, while on a close air support mission tem. Tight budgets forced Tim and his Bob Rothenberg. Bob is an Associate near the Chosin Reservoir, Ensign entire staff to do more and more with Commissioner and Director of the So- Brown’s plane was hit by enemy fire less and less. As demand for care in- cial Security Budget Office. He is a and crashed. Despite heroic efforts by creased, Director Williams expanded dedicated public servant who has other aviators, he could not be rescued the ability for the VA to treat more served his country at the Social Secu- and died in his aircraft. Ensign Jesse L. veterans. In fact, he oversaw the dou- rity Administration for nearly 37 Brown was awarded the Distinguished bling of the patient care area to meet years. Flying Cross for his Korean war com- the demands. A native of New York, Bob began his bat service. Tim and his staff worked to expand career in the local Social Security Of- In honor of his service, the Secretary the VA’s efforts to treat veterans from fice in Brooklyn. In 1973 he moved to of the Navy named the 38th ship in the Iraq and Afghanistan through the De- the Budget Office at Social Security Knox-class of frigates the USS Jesse L. ployment Health Clinic. The clinic fo- Headquarters in Baltimore. Bob’s intel- Brown. cuses on the care of veterans who are lect and resolve were quickly recog- I know my colleagues will join me in experiencing health concerns related to nized and he rose to the position of honoring Jesse’s memory and cele- a specific deployment. At the clinic, Budget Director—a position he has brating, along with his friends, family, veterans receive a comprehensive eval- held for nearly 20 years. During Bob’s and fellow naval aviators, the addition uation, benefits counseling, and assist- long and distinguished career with the of a plaque in his memory to the Naval ance with compensation and pension agency he has received many awards, Aviation Monument Park in Virginia claims. Deployment Health Clinic staff of special note, the Presidential Rank Beach to be presented May 5, 2007. En- will continue to provide veterans with and Meritorious Executive Awards. sign Brown was both a pioneer and a their primary medical care as well as For many years I have had the privi- model of service to country, who gave their mental health follow-up. lege of relying on Bob’s outstanding his life that we might enjoy our free- Today, the VA is facing tremendous work on the Social Security Adminis- dom. Mr. President.∑ challenges. A whole new generation of tration’s budget. He has always been f veterans is entering the system, and resourceful, insightful, and forth- many will need care and support for a coming. HONORING TIMOTHY WILLIAMS lifetime. As the VA takes on these new Bob will retire from the Social Secu- ∑ Mrs. MURRAY. Mr. President, today challenges, I know Director Williams rity Administration on March 31, 2007. I wish to recognize Timothy Williams will be missed. I hope his legacy lives He will be sorely missed by his fellow for his 35 years of service at the De- on throughout the VA’s Puget Sound colleagues and his congressional con- partment of Veterans Affairs. This health care system and throughout the tacts on the Hill. He will leave behind month, he is retiring as director of the VA.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3268 CONGRESSIONAL RECORD — SENATE March 19, 2007 I have said many times that VA staff titled ‘‘Berry Amendment Exceptions—Ac- pursuant to law, the report of a rule entitled members are truly our unsung heroes. quisition of Perishable Food, and Fish, Shell- ‘‘Spinosad; Pesticide Tolerance’’ (FRL No. Director Williams is one of those he- fish, or Seafood’’ (DFARS Case 2006–D005) re- 8114–4) received on March 15, 2007; to the roes. Whether attending veterans’ ceived on March 15, 2007; to the Committee Committee on Environment and Public on Armed Services. Works. gatherings in Port Angeles about ef- EC–996. A communication from the Direc- EC–1007. A communication from the Prin- forts to expand VA care on the Penin- tor, Defense Procurement and Acquisition cipal Deputy Associate Administrator, Office sula, or working with the difficult Policy, Department of Defense, transmit- of Policy, Economics and Innovation, Envi- issues facing the Walla Walla VA Med- ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, ical Center, Tim approached his job titled ‘‘Free Trade Agreement—El Salvador, pursuant to law, the report of a rule entitled with integrity, honesty and a dedica- Honduras, and Nicaragua’’ (DFARS Case ‘‘Thifensulfuron Methyl; Pesticide Toler- tion to America’s veterans. 2006–D019) received on March 15, 2007; to the ance’’ (FRL No. 8117–1) received on March 15, Committee on Armed Services. 2007; to the Committee on Environment and Director Williams, I wish you all the EC–997. A communication from the Direc- Public Works. best in the future, and thank you for tor, Defense Procurement and Acquisition EC–1008. A communication from the Prin- your distinguished service.∑ Policy, Department of Defense, transmit- cipal Deputy Associate Administrator, Office f ting, pursuant to law, the report of a rule en- of Policy, Economics and Innovation, Envi- titled ‘‘Radio Frequency Identification’’ ronmental Protection Agency, transmitting, MESSAGES FROM THE PRESIDENT (DFARS Case 2006–D002) received on March pursuant to law, the report of a rule entitled 15, 2007; to the Committee on Armed Serv- ‘‘Tribenuron Methyl; Pesticide Tolerance’’ Messages from the President of the ices. (FRL No. 8117–2) received on March 15, 2007; United States were communicated to EC–998. A communication from the Sec- to the Committee on Environment and Pub- the Senate by Mr. Williams, one of his retary of the Treasury, transmitting, pursu- lic Works. secretaries. ant to law, a six-month periodic report on EC–1009. A communication from the Prin- the national emergency with respect to Iran cipal Deputy Associate Administrator, Office f that was declared in Executive Order 12957 of of Policy, Economics and Innovation, Envi- EXECUTIVE MESSAGES REFERRED March 15, 1995; to the Committee on Bank- ronmental Protection Agency, transmitting, ing, Housing, and Urban Affairs. pursuant to law, the report of a rule entitled As in executive session the Presiding EC–999. A communication from the Attor- ‘‘Vermont: Final Authorization of State Haz- Officer laid before the Senate messages ney, Office of General Counsel for Legisla- ardous Waste Management Program Revi- from the President of the United tion and Regulatory Law, Department of En- sions’’ (FRL No. 8287–8) received on March 15, States submitting sundry nominations ergy, transmitting, pursuant to law, the re- 2007; to the Committee on Environment and which were referred to the appropriate port of a rule entitled ‘‘Alternative Fuel Public Works. committees. Transportation Program; Replacement Fuel EC–1010. A communication from the Direc- Goal Modification’’ (RIN1094–AB67) received tor, Office of Congressional Affairs, U.S. Nu- (The nominations received today are on March 15, 2007; to the Committee on En- clear Regulatory Commission, transmitting, printed at the end of the Senate pro- ergy and Natural Resources. pursuant to law, the report of a rule entitled ceedings.) EC–1000. A communication from the Assist- ‘‘List of Approved Spent Fuel Storage Casks: ant Secretary of Energy Efficiency and Re- f Standardized NUHOMS System Revision 9’’ newable Energy, Department of Energy, (RIN3150–AI03) received on March 15, 2007; to MEASURES REFERRED transmitting, pursuant to law, a report rel- the Committee on Environment and Public ative to energy conservation standards; to Works. The following bill was read the first the Committee on Energy and Natural Re- EC–1011. A communication from the Prin- and the second times by unanimous sources. cipal Deputy Associate Administrator, Office consent, and referred as indicated: EC–1001. A communication from the Sec- of Policy, Economics and Innovation, Envi- H.R. 1003. An act to amend the Foreign Af- retary of Energy, transmitting, pursuant to ronmental Protection Agency, transmitting, fairs Reform and Restructuring Act of 1998 to law, a report entitled ‘‘Assessment of Poten- the report of several documents recently reauthorize the United States Advisory Com- tial Impact of Concentrating Solar Power for issued by the Agency that are related to its mission on Public Diplomacy; to the Com- Electricity Generation’’; to the Committee regulatory programs; to the Committee on mittee on Foreign Relations. on Energy and Natural Resources. Environment and Public Works. EC–1002. A communication from the Under EC–1012. A communication from the Regu- f Secretary for Science, Department of En- lations Officer, Federal Highway Adminis- EXECUTIVE AND OTHER ergy, transmitting, pursuant to law, a report tration, Department of Transportation, relative to a study conducted to assess man- transmitting, pursuant to law, the report of COMMUNICATIONS agement practices in the Department; to the a rule entitled ‘‘Surface Transportation The following communications were Committee on Energy and Natural Re- Project Delivery Pilot Program’’ (RIN2125– laid before the Senate, together with sources. AF13) received on March 15, 2007; to the Com- accompanying papers, reports, and doc- EC–1003. A communication from the Sec- mittee on Environment and Public Works. retary of Agriculture, transmitting, pursu- uments, and were referred as indicated: EC–1013. A communication from the Regu- ant to law, a report relative to the imple- lations Officer, Federal Highway Adminis- EC–992. A communication from the Direc- mentation of the Quincy Library Group’s tration, Department of Transportation, tor, Defense Procurement and Acquisition forest management proposal; to the Com- transmitting, pursuant to law, the report of Policy, Department of Defense, transmit- mittee on Energy and Natural Resources. a rule entitled ‘‘Statewide Transportation ting, pursuant to law, the report of a rule en- EC–1004. A communication from the Assist- Planning; Metropolitan Transportation titled ‘‘Aviation Into-Plane Reimbursement ant Secretary, Minerals Management Serv- Planning’’ ((RIN2125–AF09) (RIN2132–AA82)) Card’’ (DFARS Case 2006–D017) received on ice, Department of the Interior, transmit- received on March 15, 2007; to the Committee March 15, 2007; to the Committee on Armed ting, pursuant to law, the report of a rule en- on Environment and Public Works. Services. titled ‘‘Oil and Gas and Sulphur Operations EC–1014. A communication from the Regu- EC–993. A communication from the Direc- in the Outer Continental Shelf—Update of lations Officer, Federal Highway Adminis- tor, Defense Procurement and Acquisition New and Reaffirmed Documents Incor- tration, Department of Transportation, Policy, Department of Defense, transmit- porated by Reference’’ (RIN1010–AD24) re- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- ceived on March 14, 2007; to the Committee a rule entitled ‘‘Size and Weight Enforce- titled ‘‘Security-Guard Services Contracts’’ on Energy and Natural Resources. ment Regulations’’ (RIN2125–AF17) received (DFARS Case 2006–D011) received on March EC–1005. A communication from the Prin- on March 15, 2007; to the Committee on Envi- 15, 2007; to the Committee on Armed Serv- cipal Deputy Associate Administrator, Office ronment and Public Works. ices. of Policy, Economics and Innovation, Envi- EC–1015. A communication from the Regu- EC–994. A communication from the Direc- ronmental Protection Agency, transmitting, lations Officer, Federal Highway Adminis- tor, Defense Procurement and Acquisition pursuant to law, the report of a rule entitled tration, Department of Transportation, Policy, Department of Defense, transmit- ‘‘Approval and Promulgation of Air Quality transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- Implementation Plans; Wisconsin; Cook a rule entitled ‘‘Construction and Mainte- titled ‘‘Protests, Disputes, and Appeals’’ Composites and Polymers Company’’ (FRL nance’’ (RIN2125–AF18) received on March 15, (DFARS Case 2003–D010) received on March No. 8285–3) received on March 15, 2007; to the 2007; to the Committee on Environment and 15, 2007; to the Committee on Armed Serv- Committee on Environment and Public Public Works. ices. Works. EC–1016. A communication from the Chair- EC–995. A communication from the Direc- EC–1006. A communication from the Prin- man, U.S. Nuclear Regulatory Commission, tor, Defense Procurement and Acquisition cipal Deputy Associate Administrator, Office transmitting, pursuant to law, a report rel- Policy, Department of Defense, transmit- of Policy, Economics and Innovation, Envi- ative to the Commission’s competitive ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, sourcing efforts for fiscal year 2006; to the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3269 Committee on Environment and Public Staff, Department of Health and Human port entitled ‘‘Report of the Proceedings of Works. Services, transmitting, pursuant to law, the the Judicial Conference of the United EC–1017. A communication from the Chair, report of a rule entitled ‘‘Medical Devices; States’’; to the Committee on the Judiciary. Good Neighbor Environmental Board, trans- Hematology and Pathology Devices; Classi- EC–1038. A communication from the Assist- mitting, pursuant to law, the Board’s annual fication of Cord Blood Processing Systems ant Secretary of the Navy (Installations and report relative to environmental protection and Storage Container’’ (Docket No. 2007N– Environment), Department of Defense, trans- activities and homeland security activities 0024) received on March 15, 2007; to the Com- mitting, pursuant to law, the report of a along the U.S. border with Mexico; to the mittee on Health, Education, Labor, and planned streamlined competition of military Committee on Environment and Public Pensions. personnel performing air and surface train- Works. EC–1028. A communication from the Under ing support functions at the Fleet Composite EC–1018. A communication from the Chair- Secretary for Management, Department of Squadron Six in Norfolk, VA; to the Com- man, Medicare Payment Advisory Commis- Homeland Security, transmitting, pursuant mittee on Armed Services. sion, transmitting, pursuant to law, a report to law, a report relative to the Department’s EC–1039. A communication from the Under entitled ‘‘Report to the Congress: Assessing competitive sourcing efforts for fiscal year Secretary of Defense (Personnel and Readi- Alternatives to the Sustainable Growth Rate 2006; to the Committee on Homeland Secu- ness), transmitting, pursuant to law, an an- System’’; to the Committee on Finance. rity and Governmental Affairs. nual report relative to the status of female EC–1019. A communication from the Chair- EC–1029. A communication from the Chair- members of the Armed Forces; to the Com- man, Medicare Payment Advisory Commis- man, U.S. Merit Systems Protection Board, mittee on Armed Services. sion, transmitting, pursuant to law, a report transmitting, pursuant to law, the Board’s EC–1040. A communication from the Senior entitled ‘‘Report to the Congress: Medicare Strategic Plan for fiscal years 2007–2012; to Vice President and Chief Financial Officer, Payment Policy’’; to the Committee on Fi- the Committee on Homeland Security and Export-Import Bank of the United States, nance. Governmental Affairs. transmitting, pursuant to law, the Bank’s EC–1020. A communication from the Assist- EC–1030. A communication from the Chair- annual report for fiscal year 2006; to the ant Secretary, Office of Legislative Affairs, man, U.S. Merit Systems Protection Board, Committee on Banking, Housing, and Urban Department of State, transmitting, pursuant transmitting, pursuant to law, a report enti- Affairs. to law , the report of a rule entitled ‘‘Deaths tled ‘‘The Practice of Merit: A Symposium’’; EC–1041. A communication from the Chief and Estates’’ (RIN1400–AC24) received on to the Committee on Homeland Security and Counsel, Federal Emergency Management March 15, 2007; to the Committee on Foreign Governmental Affairs. Agency, Department of Homeland Security, Relations. EC–1031. A communication from the Ad- transmitting, pursuant to law, the report of EC–1021. A communication from the Assist- ministrator, General Services Administra- a rule entitled ‘‘Final Flood Elevation Deter- ant Secretary, Office Of Legislative Affairs, tion, transmitting, pursuant to law, a report mination’’ (72 FR 5197) received on March 15, Department of State, transmitting, pursuant relative to the approved mileage reimburse- 2007; to the Committee on Banking, Housing, to law, (5) reports relative to vacancy an- ment rate per mile for Federal employees; to and Urban Affairs. nouncements within the Department, re- EC–1042. A communication from the Chief ceived on March 13, 2007; to the Committee the Committee on Homeland Security and Counsel, Federal Emergency Management on Foreign Relations. Governmental Affairs. EC–1022. A communication from the EC–1032. A communication from the Under Agency, Department of Homeland Security, Human Resources Specialist, Office of the Secretary of Defense (Acquisition, Tech- transmitting, pursuant to law, the report of Assistant Secretary for Administration and nology and Logistics), transmitting, pursu- a rule entitled ‘‘Suspension of Community Management, Department of Labor, trans- ant to law, a report relative to the progress Eligibility’’ ((72 FR 5630) (FEMA–7961)) re- mitting, pursuant to law, the report of a va- made according to section 5 of the Federal ceived on March 15, 2007; to the Committee cancy and the designation of an acting offi- Financial Assistance Management Improve- on Banking, Housing, and Urban Affairs. cer for the position of Assistant Secretary ment Act of 1999; to the Committee on EC–1043. A communication from the Assist- for Public Affairs, received on March 15, 2007; Homeland Security and Governmental Af- ant Secretary for Export Administration, to the Committee on Health, Education, fairs. Bureau of Industry and Security, Depart- Labor, and Pensions. EC–1033. A communication from the Direc- ment of Commerce, transmitting, pursuant EC–1023. A communication from the tor, Strategic Human Resources Policy, Of- to law, the report of a rule entitled ‘‘Addi- Human Resources Specialist, Office of the fice of Personnel Management, transmitting, tion of Entities to the Entity List’’ (RIN0694– Assistant Secretary for Administration and pursuant to law, the report of a rule entitled AD91) received on March 15, 2007; to the Com- Management, Department of Labor, trans- ‘‘5 CPF Part 211: Veteran Preference’’ mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, the report of a va- (RIN3206–AL00) received on March 14, 2007; to fairs. cancy and the designation of an acting offi- the Committee on Homeland Security and EC–1044. A communication from the Coun- cer for the position of Deputy Secretary of Governmental Affairs. sel for Legislation and Regulations, Office of Labor, received on March 15, 2007; to the EC–1034. A communication from the Direc- the Secretary, Department of Housing and Committee on Health, Education, Labor, and tor, Strategic Human Resources Policy, Of- Urban Development, transmitting, pursuant Pensions. fice of Personnel Management, transmitting, to law, the report of a rule entitled ‘‘Infla- EC–1024. A communication from the Assist- pursuant to law, the report of a rule entitled tion Adjustment of Civil Money Penalty ant General Counsel for Regulatory Services, ‘‘Federal Long Term Care Insurance Pro- Amounts’’ (RIN2501–AD30) received on March Office of Innovation and Improvement, De- gram: Miscellaneous Changes, Corrections, 15, 2007; to the Committee on Banking, Hous- partment of Education, transmitting, pursu- and Clarifications’’ (RIN3206–AK99) received ing, and Urban Affairs. ant to law, the report of a rule entitled on March 14, 2007; to the Committee on EC–1045. A communication from the Comp- ‘‘Magnet Schools Assistance Program—No- Homeland Security and Governmental Af- troller General of the United States, trans- tice of Final Priority’’ (FR Doc. E7–4272) re- fairs. mitting, pursuant to law, a report relative to ceived on March 14, 2007; to the Committee EC–1035. A communication from the Direc- the financial statements of the Deposit In- on Health, Education, Labor, and Pensions. tor, Division for Strategic Human Resources surance Fund and the FSLIC Resolution EC–1025. A communication from the Assist- Policy, Office of Personnel Management, Fund; to the Committee on Banking, Hous- ant General Counsel for Regulations, Office transmitting, pursuant to law, the report of ing, and Urban Affairs. of Special Education and Rehabilitative a rule entitled ‘‘Employment in the Senior EC–1046. A communication from the Direc- Services, Department of Education, trans- Executive Service, Restoration to Duty from tor, National Marine Fisheries Service, De- mitting, pursuant to law, the report of a rule Uniformed Service or Compensable Injury, partment of Commerce, transmitting, pursu- entitled ‘‘National Institute on Disability Prevailing Rate Systems, Pay Administra- ant to law, a report relative to the appor- Rehabilitation Research—Disability and Re- tion (General), and Pay Administration tionment of membership on the regional habilitation Research Projects and Centers Under the Fair Labor Standards Act; Mis- fishery management councils; to the Com- Program—Disability Rehabilitation Re- cellaneous Changes to Pay and Leave Rules’’ mittee on Commerce, Science, and Transpor- search Projects and Rehabilitation Engineer- (RIN3206–AL21) received on March 14, 2007; to tation. ing Research Centers’’ (FR Doc. E7–2349) re- the Committee on Homeland Security and EC–1047. A communication from the Vice ceived on March 14, 2007; to the Committee Governmental Affairs. President, Government Affairs and Commu- on Health, Education, Labor, and Pensions. EC–1036. A communication from the Asso- nications, National Railroad Passenger Cor- EC–1026. A communication from the Assist- ciate General Counsel for General Law, Of- poration, transmitting, pursuant to law, a ant General Counsel for Regulatory Services, fice of the General Counsel, Department of report relative to the financial performance Office of Innovation and Improvement, De- Homeland Security, transmitting, pursuant of train routes; to the Committee on Com- partment of Education, transmitting, pursu- to law, the report of a vacancy and the des- merce, Science, and Transportation. ant to law, the report of a rule entitled ignation of an acting officer for the position EC–1048. A communication from the Assist- ‘‘Magnet Schools Assistance Program—Final of General Counsel, received on March 15, ant General Counsel for Aviation Enforce- Regulations’’ (FR Doc. E7–4270) received on 2007; to the Committee on Homeland Secu- ment and Proceedings, Office of the Sec- March 14, 2007; to the Committee on Health, rity and Governmental Affairs. retary, Department of Transportation, trans- Education, Labor, and Pensions. EC–1037. A communication from the Chief mitting, pursuant to law, the report of a rule EC–1027. A communication from the Direc- Justice of the Supreme Court of the United entitled ‘‘Domestic Baggage Liability’’ tor, Regulations and Policy Management States, transmitting, pursuant to law, a re- (RIN2105–AD62) received on March 15, 2007; to

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3270 CONGRESSIONAL RECORD — SENATE March 19, 2007 the Committee on Commerce, Science, and Raytheon Aircraft Company Models C90A, tion, Department of Transportation, trans- Transportation. B200, B200C, B300, and B300C Airplanes’’ mitting, pursuant to law, the report of a rule EC–1049. A communication from the Sec- ((RIN2120–AA64)(Docket No. 2006–CE–34)) re- entitled ‘‘Airworthiness Directives; PZL– retary, Maritime Administration, Depart- ceived on March 15, 2007; to the Committee Bielsko Model SZD–50–3 ’Puchacz’ Gliders’’ ment of Transportation, transmitting, pur- on Commerce, Science, and Transportation. ((RIN2120–AA64)(Docket No . 2006–CE–49)) re- suant to law, the report of a rule entitled EC–1059. A communication from the Pro- ceived on March 15, 2007; to the Committee ‘‘Maintenance Repair Reimbursement Pilot gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. Program’’ (RIN2133–AB68) received on March tion, Department of Transportation, trans- EC–1068. A communication from the Pro- 15, 2007; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–1050. A communication from the Acting Model 737–200, –300, –400, and –500 Series Air- mitting, pursuant to law, the report of a rule Chief Counsel, Saint Lawrence Seaway De- planes’’ ((RIN2120–AA64)(Docket No. 2005– entitled ‘‘Airworthiness Directives; Boeing velopment Corporation, Department of NM–089)) received on March 15, 2007; to the Model 707–100 Long Body, –100B Long Body, Transportation, transmitting, pursuant to Committee on Commerce, Science, and –100B Short Body, –E3F, –300, –300B, and law, the report of a rule entitled ‘‘Seaway Transportation. –300C Series Airplanes; Model 727–100 and –200 Regulations and Rules: Periodic Update, EC–1060. A communication from the Pro- Series Airplanes; Model 737–200, –200C, –300, Various Categories’’ (RIN2135–AA24) received gram Analyst, Federal Aviation Administra- –400, and –500 Series Airplanes; Model 747– on March 15, 2007; to the Committee on Com- tion, Department of Transportation, trans- 100B, 747–200B, 747–200C, 747–200F, 747–300, 747– merce , Science, and Transportation. mitting, pursuant to law, the report of a rule 400, 747–400D, 747SR, and 747SP Series Air- EC–1051. A communication from the Acting entitled ‘‘Airworthiness Directives; planes; Model 757–200 and 757–200 PF Series Chief Counsel, Saint Lawrence Seaway De- Turbomeca Model Arrius 2B1, 2B1A, and 2B2 Airplanes; and Model 767–200 and –300 Series velopment Corporation, Department of Turboshaft Engines’’ ((RIN2120– Airplanes; Equipped with Observer or At- Transportation, transmitting, pursuant to AA64)(Docket No. 2006–NE–38)) received on tendant Seats’’ ((RIN2120–AA64)(Docket No. law, the report of a rule entitled ‘‘Tariff of March 15, 2007; to the Committee on Com- 2005–NM–030)) received on March 15, 2007; to Tolls’’ (RIN2135–AA25) received on March 15, merce, Science, and Transportation. the Committee on Commerce, Science, and 2007; to the Committee on Commerce, EC–1061. A communication from the Pro- Transportation. Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–1069. A communication from the Pro- EC–1052. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Model A330, A340–200, and A340–300 Series entitled ‘‘Airworthiness Directives; Sikorsky entitled ‘‘Airworthiness Directives; Agusta Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– Aircraft Corporation Model S–61L, N, R, and S.p.A. Model AB139 Helicopters’’ ((RIN2120– NM–059)) received on March 15, 2007; to the NM Helicopters’’ ((RIN2120–AA64)(Docket No. AA64)(Docket No. 2006–SW–20)) received on Committee on Commerce, Science, and 2004–SW–23)) received on March 15, 2007; to March 15, 2007; to the Committee on Com- Transportation. the Committee on Commerce, Science, and merce, Science, and Transportation. EC–1062. A communication from the Pro- Transportation. EC–1053. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–1070. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus Raytheon Aircraft Company Models 1900, entitled ‘‘Airworthiness Directives; Stemme Model A300 Airplanes’’ ((RIN2120– 1900C, and 1900D Airplanes’’ ((RIN2120– GmbH and Co. KG Model S10–VT Gliders’’ AA64)(Docket No. 2006–NM–029)) received on AA64)(Docket No. 2006–CE–67)) received on ((RIN2120–AA64)(Docket No. 2006–CE–84)) re- March 15, 2007; to the Committee on Com- March 15, 2007; to the Committee on Com- ceived on March 15, 2007; to the Committee merce, Science, and Transportation. merce, Science, and Transportation. on Commerce, Science, and Transportation. EC–1054. A communication from the Pro- EC–1063. A communication from the Pro- EC–1071. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Colum- entitled ‘‘Airworthiness Directives; Inter- entitled ‘‘Airworthiness Directives; Airbus bia Aircraft Manufacturing Models LC41– national Aero Engines AG V2522–A5, V2524– Model A300 B2 and B4 Series Airplanes’’ 550FG and LC42–550FG Airplanes’’ ((RIN2120– A5, V2527–A5, V2526E–A5, V2527M–A5, V2530– ((RIN2120–AA64)(Docket No. 2006–NM–027)) AA64)(Docket No. 2006–CE–71)) received on A5, and V2533–A5 Turbofan Engines’’ received on March 15, 2007; to the Committee March 15, 2007; to the Committee on Com- ((RIN2120–AA64)(Docket No. 2003–NE–21)) re- on Commerce, Science, and Transportation. merce, Science, and Transportation. ceived on March 15, 2007; to the Committee EC–1072. A communication from the Pro- EC–1055. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–1064. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; McDon- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule nell Douglas Model MD–11 and –11F Air- Model 777 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Air Trac- planes’’ ((RIN2120–AA64)(Docket No. 2006– AA64)(Docket No. 2005–NM–176)) received on tor, Inc. Models AT–501, AT–502, AT–502A, NM–0091)) received on March 15, 2007; to the March 15, 2007; to the Committee on Com- AT–502B, and AT–503A Airplanes’’ ((RIN2120– Committee on Commerce, Science, and merce, Science, and Transportation. AA64)(Docket No. 2004–CE–48)) received on Transportation. EC–1056. A communication from the Pro- March 15 , 2007; to the Committee on Com- EC–1073. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–1065. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- entitled ‘‘Withdrawal; Establishment of bardier Model CL–600–1A11, CL–600–2A12, and mitting, pursuant to law, the report of a rule Class E Airspace; Mineral Point, WI’’ CL–600–2B16 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; BAE ((RIN2120–AA66)(Docket No. 06–AGL–02)) re- AA64)(Docket No. 2005–NM–201)) received on Systems Limited Model BAe 146 and Avro ceived on March 15, 2007; to the Committee March 15, 2007; to the Committee on Com- 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket on Commerce, Science, and Transportation. merce, Science, and Transportation. No. 2006–NM–133)) received on March 15, 2007; EC–1074. A communication from the Pro- EC–1057. A communication from the Pro- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–1066. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- Creston, IA’’ ((RIN2120–AA66)(Docket No. 06– bardier Model DHC–8–400 Series Airplanes’’ mitting, pursuant to law, the report of a rule ACE–11)) received on March 15, 2007; to the ((RIN2120–AA64)(Docket No. 2006–NM–007)) entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and received on March 15, 2007; to the Committee Raytheon Aircraft Company Model 390 Air- Transportation. on Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64)(Docket No. 2006–CE– EC–1075. A communication from the Pro- EC–1058. A communication from the Pro- 47)) received on March 15, 2007; to the Com- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1067. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- Williamsburg, KY’’ ((RIN2120–AA66)(Docket

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3271 No. 06–ASO–13)) received on March 15, 2007; to tion, Department of Transportation, trans- EC–1094. A communication from the Pro- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Airworthiness Directives; Pratt tion, Department of Transportation, trans- EC–1076. A communication from the Pro- and Whitney Canada PW535A Turbofan En- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gines’’ ((RIN2120–AA64)(Docket No. 2006–NE– entitled ‘‘Airworthiness Directives; Empresa tion, Department of Transportation, trans- 35)) received on March 15, 2007; to the Com- Brasileira de Aeronautica S.A. Model ERJ mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- 170 and ERJ 190 Airplanes’’ ((RIN2120– entitled ‘‘Part 95 Instrument Flight Rules tation. AA64)(Docket No. 2006–NM–135)) received on (21); Amdt. No. 466’’ ((RIN2120–AA63)(Docket EC–1086. A communication from the Pro- March 15, 2007; to the Committee on Com- No. 30538)) received on March 15, 2007; to the gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Committee on Commerce, Science, and tion, Department of Transportation, trans- EC–1095. A communication from the Pro- Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–1077. A communication from the Pro- entitled ‘‘Airworthiness Directives; Empresa tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Brasileira de Aeronautica S.A. Model EMB– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- 145XR Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Airworthiness Directives; Dassault mitting, pursuant to law, the report of a rule No. 2006–NM–058)) received on March 15, 2007; Model F2000EX Airplanes’’ ((RIN2120– entitled ‘‘Standard Instrument Approach to the Committee on Commerce, Science, AA64)(Docket No. 2006–NM–264)) received on Procedures (20); Amdt. No. 3200’’ ((RIN2120– and Transportation. March 15, 2007; to the Committee on Com- AA65)(Docket No. 30530)) received on March EC–1087. A communication from the Pro- merce, Science, and Transportation. 15, 2007; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–1096. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–1078. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Stemme mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- GmbH and Co. KG Model S10, S10–V, and S10– entitled ‘‘Airworthiness Directives; Bell Hel- mitting, pursuant to law, the report of a rule VT Gliders’’ ((RIN2120–AA64)(Docket No. icopter Textron Canada Model 206A, B, L, L– entitled ‘‘Standard Instrument Approach 2006–CE–85)) received on March 15, 2007; to 1, L–3, and L–4 Helicopters’’ ((RIN2120– Procedures (8); Amdt. No. 3201’’ ((RIN2120– the Committee on Commerce, Science, and AA64)(Docket No. 2005–SW–22)) received on AA65)(Docket No. 30531)) received on March Transportation. March 15, 2007; to the Committee on Com- 15, 2007; to the Committee on Commerce, EC–1088. A communication from the Pro- merce, Science, and Transportation. Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–1097. A communication from the Pro- EC–1079. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Fokker mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Model F27 Mark 100, 200, 300, 400, 500, 600, and entitled ‘‘Airworthiness Directives; Empresa entitled ‘‘Standard Instrument Approach 700 Airplanes’’ ((RIN2120–AA64)(Docket No. Brasileira de Aeronautica S.A. Model ERJ Procedures (3); Amdt. No. 3203’’ ((RIN2120– 2005–NM–236)) received on March 15, 2007; to 170 and ERJ 190 Airplanes’’ ((RIN2120– AA65)(Docket No. 30533)) received on March the Committee on Commerce, Science, and AA64)(Docket No. 2006–NM–195)) received on 15, 2007; to the Committee on Commerce, Transportation. March 15, 2007; to the Committee on Com- Science, and Transportation. EC–1089. A communication from the Pro- EC–1080. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–1098. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule Procedures (17); Amdt. No. 3207’’ ((RIN2120– Schempp-Hirth Flugzeugbau GmbH Model entitled ‘‘Airworthiness Directives; Bom- AA65)(Docket No. 30537)) received on March Duo Discus T Gliders’’ ((RIN2120– bardier Model CL–600–2B19 Airplanes’’ 15, 2007; to the Committee on Commerce, AA64)(Docket No. 2006–CE–73)) received on ((RIN2120–AA64)(Docket No. 2006–CE–44)) re- Science, and Transportation. March 15, 2007; to the Committee on Com- ceived on March 15, 2007; to the Committee EC–1081. A communication from the Pro- merce, Science, and Transportation. on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–1090. A communication from the Pro- EC–1099. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Procedures (10); Amdt. No. 3205’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Correc- entitled ‘‘Airworthiness Directives; Boeing AA65)(Docket No. 30535)) received on March tion: Rolls-Royce plc RB211–524 Series Tur- Model 747–100, 747–100B, 747–100B SUD, 747– 15, 2007; to the Committee on Commerce, bofan Engines’’ ((RIN2120–AA64)(Docket No. 200B, 747–200C, 747–200F, 747–300, 747SR, and Science, and Transportation. 2004–NE–19)) received on March 15, 2007; to 747SP Series Airplanes Equipped with Gen- EC–1082. A communication from the Pro- the Committee on Commerce, Science, and eral Electric CF6–45 or –50 Series Engines, or gram Analyst, Federal Aviation Administra- Transportation. Equipped with Pratt and Whitney JT9D–3 tion, Department of Transportation, trans- EC–1091. A communication from the Pro- and –7 Series Engines’’ ((RIN2120–AA64) mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- (Docket No. 2006–NM–262)) received on March entitled ‘‘Airworthiness Directives; B–N tion, Department of Transportation, trans- 15, 2007; to the Committee on Commerce, Group Ltd. BN–2, BN–2A, BN–2B, BN–2T, and mitting, pursuant to law, the report of a rule Science, and Transportation. BN–2T–4R Series Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; CFM EC–1100. A communication from the Pro- AA64)(Docket No. 2006–CE–44)) received on International, S.A. CFM56 Series Turbofan gram Analyst, Federal Aviation Administra- March 15, 2007; to the Committee on Com- Engines’’ ((RIN2120–AA64)(Docket No. 2006– tion, Department of Transportation, trans- merce, Science, and Transportation. NE–37)) received on March 15, 2007; to the mitting, pursuant to law, the report of a rule EC–1083. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Rolls- gram Analyst, Federal Aviation Administra- Transportation. Royce plc RB211 Trent 700 Series Turbofan tion, Department of Transportation, trans- EC–1092. A communication from the Pro- Engines’’ ((RIN2120–AA64) (Docket No. 2004– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- NE–03)) received on March 15, 2007; to the entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- Committee on Commerce, Science, and Model 777–200 and –300 Series Airplanes mitting, pursuant to law, the report of a rule Transportation. Equipped with Rolls-Royce Engines’’ entitled ‘‘Airworthiness Directives; Sicma EC–1101. A communication from the Pro- ((RIN2120–AA64)(Docket No. 2006–NM–203)) Aero Seat; Third Occupant Seat Assemblies, gram Analyst, Federal Aviation Administra- received on March 15, 2007; to the Committee 133 Series ((RIN2120–AA64)(Docket No. 2005– tion, Department of Transportation, trans- on Commerce, Science, and Transportation. NE–40)) received on March 15, 2007; to the mitting, pursuant to law, the report of a rule EC–1084. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- Transportation. SOCATA—Groupe Aerospatiale TB 20 and TB tion, Department of Transportation, trans- EC–1093. A communication from the Pro- 21 Airplanes’’ ((RIN2120–AA64) (Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 2006–CE–66)) received on March 15, 2007; to entitled ‘‘Airworthiness Directives; Alpha tion, Department of Transportation, trans- the Committee on Commerce, Science, and Aviation Design Limited, Model R2160 Air- mitting, pursuant to law, the report of a rule Transportation. planes’’ ((RIN2120–AA64)(Docket No. 2006–CE– entitled ‘‘Airworthiness Directives; Rolls- EC–1102. A communication from the Pro- 77)) received on March 15, 2007; to the Com- Royce Corporation AE 2100D3 Turboprop En- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- gines’’ ((RIN2120–AA64)(Docket No. 2006–NE– tion, Department of Transportation, trans- tation. 42)) received on March 15, 2007; to the Com- mitting, pursuant to law, the report of a rule EC–1085. A communication from the Pro- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Rolls- gram Analyst, Federal Aviation Administra- tation. Royce Deutschland Ltd and Co. KG Dart 528,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3272 CONGRESSIONAL RECORD — SENATE March 19, 2007 529, 532, 535, 542, and 555 Series Turboprop En- partment of Commerce, transmitting, pursu- INTRODUCTION OF BILLS AND gines’’ ((RIN2120–AA64) (Docket No. 2006–NE– ant to law, the report of a rule entitled ‘‘No- JOINT RESOLUTIONS 17)) received on March 15, 2007; to the Com- tification of 2007 No-Harvest Guideline for mittee on Commerce, Science, and Transpor- the Northwestern Hawaiian Islands Crusta- The following bills and joint resolu- tation. ceans Fishery’’ (ID No. 021207A) received on tions were introduced, read the first EC–1103. A communication from the Direc- March 15, 2007; to the Committee on Com- and second times by unanimous con- tor, Office of Sustainable Fisheries, Depart- merce, Science, and Transportation. sent, and referred as indicated: ment of Commerce, transmitting, pursuant EC–1112. A communication from the Acting By Mr. REED (for himself and Mr. to law, the report of a rule entitled ‘‘Fish- Director, Office of Sustainable Fisheries, De- COLEMAN): eries of the Exclusive Economic Zone Off partment of Commerce, transmitting, pursu- S. 911. A bill to amend the Public Health Alaska; Pacific Cod by Non-American Fish- ant to law, the report of a rule entitled eries Act Crab Vessels Catching Pacific Cod ‘‘Fisheries of the Exclusive Economic Zone Service Act to advance medical research and for Processing by the Inshore Component in Off Alaska; Pollock in Statistical Area 630 of treatments into pediatric cancers, ensure pa- the Western Regulatory Area of the Gulf of the Gulf of Alaska’’ (ID No. 022007A) received tients and families have access to the cur- Alaska’’ (ID No. 021407D) received on March on March 15, 2007; to the Committee on Com- rent treatments and information regarding 15, 2007; to the Committee on Commerce, merce, Science, and Transportation. pediatric cancers, establish a population- Science, and Transportation. EC–1113. A communication from the Acting based national childhood cancer database, EC–1104. A communication from the Direc- Director, Office of Sustainable Fisheries, De- and promote public awareness of pediatric tor, Office of Sustainable Fisheries, Depart- partment of Commerce, transmitting, pursu- cancers; to the Committee on Health, Edu- ment of Commerce, transmitting, pursuant ant to law, the report of a rule entitled cation, Labor, and Pensions. to law, the report of a rule entitled ‘‘Fish- ‘‘Fisheries of the Exclusive Economic Zone By Mr. ROCKEFELLER (for himself, eries of the Exclusive Economic Zone Off Off Alaska; Rock Sole, Flathead Sole, and Mr. HARKIN, and Mr. KERRY): Alaska; Pacific Cod by Vessels Catching Pa- ‘Other Flatfish’ by Vessels Using Trawl Gear S. 912. A bill to amend the Internal Rev- cific Cod for Processing by the Offshore Com- in Bering Sea and Aleutian Islands Manage- enue Code of 1986 to expand the incentives ponent in the Central Regulatory Area of the ment Area’’ (ID No. 021607B) received on for the construction and renovation of public Gulf of Alaska’’ (ID No. 021407C) received on March 15, 2007; to the Committee on Com- schools; to the Committee on Finance. March 15, 2007; to the Committee on Com- merce, Science, and Transportation. By Mr. GRASSLEY: merce, Science, and Transportation. EC–1114. A communication from the Acting S. 913. A bill to clarify that the revocation EC–1105. A communication from the Direc- Director, Office of Sustainable Fisheries, De- of an alien’s visa or other documentation is tor, Office of Sustainable Fisheries, Depart- partment of Commerce, transmitting, pursu- not subject to judicial review; to the Com- ment of Commerce, transmitting, pursuant ant to law, the report of a rule entitled mittee on the Judiciary. to law, the report of a rule entitled ‘‘Fish- ‘‘Fisheries of the Exclusive Economic Zone By Mr. VOINOVICH (for himself, Mr. eries of the Exclusive Economic Zone Off Off Alaska; Non-Community Development MCCONNELL, Mr. ALEXANDER, Mr. Alaska; Pacific Cod by Vessels Catching Pa- Quota Pollock with Trawl Gear in the Chi- BOND, Mr. BURR, and Mr. SMITH): cific Cod for Processing by the Offshore Com- nook Salmon Savings Areas of the Bering S. 914. A bill to authorize the States (and ponent in the Western Regulatory Area of Sea and Aleutian Islands Management Area’’ subdivisions thereof), the District of Colum- the Gulf of Alaska’’ (ID No. 021407B) received (ID No. 020507D) received on March 15 , 2007; bia, territories, and possessions of the United on March 15, 2007; to the Committee on Com- to the Committee on Commerce, Science, States to provide certain tax incentives to merce, Science, and Transportation. and Transportation. any person for economic development pur- EC–1106. A communication from the Direc- EC–1115. A communication from the Acting poses; to the Committee on Finance. tor, Office of Sustainable Fisheries, Depart- Director, Office of Sustainable Fisheries, De- By Mrs. DOLE (for herself and Mr. NEL- ment of Commerce, transmitting, pursuant partment of Commerce, transmitting, pursu- SON of Nebraska): to law, the report of a rule entitled ‘‘De- ant to law, the report of a rule entitled S. 915. A bill to establish a pilot program crease the Commercial Trip Limit for Atlan- ‘‘Fisheries of the Exclusive Economic Zone to provide grants to encourage eligible insti- tic Group Spanish Mackerel in the Southern Off Alaska; Pollock in Statistical Area 610 of tutions of higher education to establish and Zone’’ (ID No. 013107B) received on March 15, the Gulf of Alaska’’ (ID No. 020207C) received operate pregnant and parenting student serv- 2007; to the Committee on Commerce, on March 15, 2007; to the Committee on Com- ices offices for pregnant students, parenting Science, and Transportation. merce, Science, and Transportation. students, prospective parenting students who EC–1116. A communication from the Acting EC–1107. A communication from the Acting are anticipating a birth or adoption, and stu- Director, Office of Sustainable Fisheries, De- Director, Office of Sustainable Fisheries, De- dents who are placing or have placed a child partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- for adoption; to the Committee on Health, ant to law, the report of a rule entitled ant to law, the report of a rule entitled Education, Labor, and Pensions. ‘‘Fisheries of the Exclusive Economic Zone ‘‘Fisheries of the Exclusive Economic Zone By Mr. CRAIG (for himself, Ms. CANT- Off Alaska; Pollock in Statistical Area 630 of Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area’’ (ID WELL, Mr. CRAPO, and Mrs. MURRAY): the Gulf of Alaska’’ (ID No. 013107A) received S. 916. A bill to modify the boundary of the on March 15, 2007; to the Committee on Com- No. 020107F) received on March 15, 2007; to the Committee on Commerce, Science, and Minidoka Internment National Monument, merce, Science, and Transportation. to establish the Minidoka National Historic EC–1108. A communication from the Acting Transportation. Site, to authorize the Secretary of the Inte- Director, Office of Sustainable Fisheries, De- f rior to convey certain land and improve- partment of Commerce, transmitting, pursu- ments of the Gooding Division of the ant to law, the report of a rule entitled REPORTS OF COMMITTEES Minidoka Project, Idaho, and for other pur- ‘‘Fisheries of the Exclusive Economic Zone Under the authority of the order of Off Alaska; Sablefish Managed Under the In- poses; to the Committee on Energy and Nat- the Senate of March 15, 2007, the fol- ural Resources. dividual Fishing Quota Program’’ (ID No. lowing reports of committees were sub- 021207I) received on March 15, 2007; to the By Mr. ALLARD: Committee on Commerce, Science, and mitted on March 16, 2007: S. 917. A bill to clarify the authority of the Transportation. By Mr. CONRAD, from the Committee on Secretary of the Interior with regard to EC–1109. A communication from the Acting the Budget, without amendment: management of elk in Rocky Mountain Na- Director, Office of Sustainable Fisheries, De- S. Con. Res. 21. An original concurrent res- tional Park; to the Committee on Energy partment of Commerce, transmitting, pursu- olution setting forth the congressional budg- and Natural Resources. ant to law, the report of a rule entitled et for the United States Government for fis- By Mr. LAUTENBERG (for himself and ‘‘Fisheries of the Exclusive Economic Zone cal year 2008 and including the appropriate Mr. SMITH) (by request): Off Alaska; Pacific Cod by Catcher Processor budgetary levels for fiscal years 2007 and 2009 S. 918. A bill to authorize appropriations Vessels Using Pot Gear in the Bering Sea through 2012. for activities under the Federal railroad and Aleutian Islands Management Area’’ (ID f safety laws for fiscal years 2008 through 2011, No. 021607K) received on March 15, 2007; to and for other purposes; to the Committee on the Committee on Commerce, Science, and EXECUTIVE REPORT OF Commerce, Science, and Transportation. Transportation. COMMITTEE f EC–1110. A communication from the Acting The following executive report of a SUBMISSION OF CONCURRENT AND Director, Office of Sustainable Fisheries, De- nomination was submitted: partment of Commerce, transmitting, pursu- SENATE RESOLUTIONS By Mr. LEAHY for the Committee on the ant to law, the report of a rule entitled Judiciary. The following concurrent resolutions ‘‘Fisheries of the Exclusive Economic Zone John Wood, of Missouri, to be United and Senate resolutions were read, and Off Alaska; Chiniak Gully Research Area for States Attorney for the Western District of referred (or acted upon), as indicated: Vessels Using Trawl Gear’’ (ID No. 021207C) Missouri for the term of four years. received on March 15, 2007; to the Committee By Mr. COLEMAN (for himself, Mrs. on Commerce, Science, and Transportation. (Nominations without an asterisk BOXER, Mr. CARDIN, Mr. FEINGOLD, EC–1111. A communication from the Acting were reported with the recommenda- Mr. LEVIN, Mr. SANDERS, Mr. SPEC- Director, Office of Sustainable Fisheries, De- tion that they be confirmed.) TER, Mr. WYDEN, Mr. LAUTENBERG,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3273 Mrs. FEINSTEIN, Mr. KOHL, and Mr. 169, a bill to amend the National Trails lina (Mr. GRAHAM) was added as a co- MENENDEZ): System Act to clarify Federal author- sponsor of S. 502, a bill to repeal the S. Res. 111. A resolution expressing the ity relating to land acquisition from sunset on the reduction of capital gains sense of the Senate that the Citizen’s Stamp willing sellers for the majority of the Advisory Committee should recommend to rates for individuals and on the tax- the Postmaster General that a commemora- trails in the System, and for other pur- ation of dividends of individuals at cap- tive stamp be issued honoring the life of poses. ital gains rates. Oskar Schindler; to the Committee on Home- S. 211 S. 543 land Security and Governmental Affairs. At the request of Mrs. CLINTON, the At the request of Mr. NELSON of Ne- f name of the Senator from Ohio (Mr. braska, the name of the Senator from BROWN) was added as a cosponsor of S. ADDITIONAL COSPONSORS Utah (Mr. HATCH) was added as a co- 211, a bill to facilitate nationwide sponsor of S. 543, a bill to improve S. 22 availability of 2-1-1 telephone service Medicare beneficiary access by extend- At the request of Mr. WEBB, the name for information and referral on human ing the 60 percent compliance thresh- of the Senator from Oregon (Mr. services. volunteer services, and for old used to determine whether a hos- WYDEN) was added as a cosponsor of S. other purposes. pital or unit of a hospital is an inpa- 22, a bill to amend title 38, United S. 261 tient rehabilitation facility under the States Code, to establish a program of At the request of Ms. CANTWELL, the Medicare program. educational assistance for members of name of the Senator from Virginia (Mr. S. 573 the Armed Forces who serve in the WARNER) was added as a cosponsor of S. At the request of Ms. STABENOW, the Armed Forces after September 11, 2001, 261, a bill to amend title 18, United name of the Senator from Michigan and for other purposes. States Code, to strengthen prohibitions (Mr. LEVIN) was added as a cosponsor of S. 43 against animal fighting, and for other purposes. S. 573, a bill to amend the Federal At the request of Mr. ENSIGN, the Food, Drug, and Cosmetic Act and the S. 321 name of the Senator from Georgia (Mr. Public Health Service Act to improve CHAMBLISS) was added as a cosponsor of At the request of Mr. THUNE, the name of the Senator from Vermont the prevention, diagnosis, and treat- S. 43, a bill to amend title II of the So- ment of heart disease, stroke, and cial Security Act to preserve and pro- (Mr. SANDERS) was added as a cospon- sor of S. 321, a bill to establish pilot other cardiovascular diseases in tect Social Security benefits of Amer- women. ican workers and to help ensure great- projects under the Medicare program S. 593 er congressional oversight of the Social to provide incentives for home health Security system by requiring that both agencies to utilize home monitoring At the request of Mr. BURR, the name Houses of Congress approve a total- and communications technologies. of the Senator from Georgia (Mr. ISAK- ization agreement before the agree- S. 326 SON) was added as a cosponsor of S. 593, ment, giving foreign workers Social At the request of Mrs. LINCOLN, the a bill to amend the Public Health Serv- Security benefits, can go into effect. name of the Senator from Louisiana ice Act to establish a grant program to (Ms. LANDRIEU) was added as a cospon- provide supportive services in perma- S. 57 sor of S. 326, a bill to amend the Inter- nent supportive housing for chronically At the request of Mr. INOUYE, the nal Revenue Code of 1986 to provide a homeless individuals, and for other name of the Senator from Washington special period of limitation when uni- purposes. (Ms. CANTWELL) was added as a cospon- formed services retirement pay is re- S. 600 sor of S. 57, a bill to amend title 38, duced as result of award of disability United States Code, to deem certain At the request of Mr. SMITH, the compensation. service in the organized military forces name of the Senator from Maryland of the Government of the Common- S. 340 (Mr. CARDIN) was added as a cosponsor At the request of Mrs. FEINSTEIN, the wealth of the Philippines and the Phil- of S. 600, a bill to amend the Public name of the Senator from Maryland ippine Scouts to have been active serv- Health Service Act to establish the (Ms. MIKULSKI) was added as a cospon- ice for purposes of benefits under pro- School-Based Health Clinic program, sor of S. 340, a bill to improve agricul- grams administered by the Secretary and for other purposes. tural job opportunities, benefits, and of Veterans Affairs. S. 602 security for aliens in the United States At the request of Mr. PRYOR, the S. 67 and for other purposes. At the request of Mr. INOUYE, the name of the Senator from New Jersey S. 445 name of the Senator from Maine (Ms. (Mr. MENENDEZ) was added as a cospon- At the request of Ms. STABENOW, the sor of S. 602, a bill to develop the next SNOWE) was added as a cosponsor of S. name of the Senator from Ohio (Mr. 67, a bill to amend title 10, United generation of parental control tech- VOINOVICH) was added as a cosponsor of nology. States Code, to permit former members S. 445, a bill to establish the position of S. 623 of the Armed Forces who have a serv- Trade Enforcement Officer and a Trade ice-connected disability rated as total Enforcement Division in the Office of At the request of Mr. SCHUMER, the to travel on military aircraft in the the United States Trade Representa- name of the Senator from Ohio (Mr. same manner and to the same extent as tive, to require identification of trade BROWN) was added as a cosponsor of S. retired members of the Armed Forces enforcement priorities, and for other 623, a bill to amend the Public Health are entitled to travel on such aircraft. purposes. Service Act to provide for the licensing of comparable and interchangeable bio- S. 117 S. 453 logical products, and for other pur- At the request of Mr. OBAMA, the At the request of Mr. OBAMA, the names of the Senator from Missouri name of the Senator from Louisiana poses. (Mrs. MCCASKILL) and the Senator from (Ms. LANDRIEU) was added as a cospon- S. 624 Oregon (Mr. WYDEN) were added as co- sor of S. 453, a bill to prohibit deceptive At the request of Ms. MIKULSKI, the sponsors of S. 117, a bill to amend titles practices in Federal elections. names of the Senator from California 10 and 38, United States Code, to im- S. 496 (Mrs. BOXER), the Senator from Maine prove benefits and services for mem- At the request of Mr. VOINOVICH, the (Ms. SNOWE) and the Senator from bers of the Armed Forces, veterans of name of the Senator from Kentucky Michigan (Ms. STABENOW) were added the Global War on Terrorism, and (Mr. MCCONNELL) was added as a co- as cosponsors of S. 624, a bill to amend other veterans, to require reports on sponsor of S. 496, a bill to reauthorize the Public Health Service Act to pro- the effects of the Global War on Ter- and improve the program authorized by vide waivers relating to grants for pre- rorism, and for other purposes. the Appalachian Regional Development ventive health measures with respect S. 169 Act of 1965. to breast and cervical cancers. At the request of Mr. ALLARD, the S. 502 S. 627 name of the Senator from Idaho (Mr. At the request of Mr. CRAPO, the At the request of Mr. HARKIN, the CRAPO) was added as a cosponsor of S. name of the Senator from South Caro- name of the Senator from New York

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3274 CONGRESSIONAL RECORD — SENATE March 19, 2007 (Mr. SCHUMER) was added as a cospon- nal Revenue Code of 1986 to extend the S. Res. 106, a resolution calling on the sor of S. 627, a bill to amend the Juve- transportation fringe benefit to bicycle President to ensure that the foreign nile Justice and Delinquency Preven- commuters. policy of the United States reflects ap- tion Act of 1974 to improve the health S. 869 propriate understanding and sensi- and well-being of maltreated infants At the request of Mr. DEMINT, the tivity concerning issues related to and toddlers through the creation of a name of the Senator from Nevada (Mr. human rights, ethnic cleansing, and National Court Teams Resource Cen- ENSIGN) was added as a cosponsor of S. genocide documented in the United ter, to assist local Court Teams, and 869, a bill to reform certain provisions States record relating to the Armenian for other purposes. of section 404 of the Sarbanes-Oxley Genocide. S. 659 Act of 2002, to make compliance with f At the request of Mr. HAGEL, the that section more efficient, with the STATEMENTS ON INTRODUCED name of the Senator from Maine (Ms. goal of maintaining United States cap- BILLS AND JOINT RESOLUTIONS SNOWE) was added as a cosponsor of S. ital market global competitiveness. By Mr. REED (for himself and 659, a bill to amend section 1477 of title S. 882 10, United States Code, to provide for Mr. COLEMAN): At the request of Mr. MENENDEZ, the S. 911. A bill to amend the Public the payment of the death gratuity with names of the Senator from West Vir- respect to members of the Armed Health Service Act to advance medical ginia (Mr. ROCKEFELLER) and the Sen- research and treatments into pediatric Forces without a surviving spouse who ator from Oregon (Mr. WYDEN) were are survived by a minor child. cancers, ensure patients and families added as cosponsors of S. 882, a bill to have access to the current treatments S. 671 require a pilot program on the facilita- and information regarding pediatric At the request of Mr. AKAKA, the tion of the transition of members of cancers, establish a population-based name of the Senator from Washington the Armed Forces to receipt of vet- national childhood cancer database, (Mrs. MURRAY) was added as a cospon- erans health care benefits upon com- and promote public awareness of pedi- sor of S. 671, a bill to exempt children pletion of military service, and for atric cancers; to the Committee on of certain Filipino World War II vet- other purposes. Health, Education, Labor, and Pen- erans from the numerical limitations S. 890 sions. on immigrant visas. At the request of Mr. INOUYE, the Mr. REED. Mr. President, I rise S. 692 name of the Senator from Rhode Island today to join my colleague, Senator At the request of Mr. OBAMA, the (Mr. REED) was added as a cosponsor of Coleman, in introducing the Conquer name of the Senator from Oregon (Mr. S. 890, a bill to provide for certain ad- Childhood Cancer Act. WYDEN) was added as a cosponsor of S. ministrative and support services for This bipartisan legislation seeks to 692, a bill to amend title 38, United the Dwight D. Eisenhower Memorial achieve several important goals in our States Code, to establish a Hospital Commission, and for other purposes. battle against childhood cancer. Spe- Quality Report Card Initiative to re- S. 893 cifically, it will expand support for pe- port on health care quality in Veterans At the request of Mr. DEMINT, the diatric cancer research, foster the ca- Affairs hospitals. name of the Senator from Idaho (Mr. reer development of more pediatric S. 713 CRAIG) was added as a cosponsor of S. oncologists, establish a population- At the request of Mr. OBAMA, the 893, a bill to allow a State to combine based national childhood database, and name of the Senator from Oregon (Mr. certain funds and enter into a perform- provide essential information and sup- WYDEN) was added as a cosponsor of S. ance agreement with the Secretary of port to help families dealing with this 713, a bill to ensure dignity in care for Education to improve the academic devastating disease. Childhood cancer members of the Armed Forces recov- achievement of students. impacts thousands of children and ering from injuries. S. 897 their families each year. While we have S. 721 At the request of Ms. MIKULSKI, the made great strides in treating cancer, At the request of Mr. ENZI, the name name of the Senator from New Jersey we have made relatively little progress of the Senator from Washington (Ms. (Mr. MENENDEZ) was added as a cospon- in advancing our understanding of the CANTWELL) was added as a cosponsor of sor of S. 897, a bill to amend the Inter- most common forms of pediatric can- S. 721, a bill to allow travel between nal Revenue Code of 1986 to provide cer. This legislation will provide the the United States and Cuba. more help to Alzheimer’s disease care- focus and resources to hopefully one S. 735 givers. day find a cure. Each year, more than 12,500 children At the request of Mr. KENNEDY, the S. 902 are diagnosed with cancer, and more name of the Senator from New York At the request of Mr. HARKIN, the than 2,300 of them lose their coura- (Mr. SCHUMER) was added as a cospon- names of the Senator from Maine (Ms. geous battle with the disease. Pediatric sor of S. 735, a bill to amend title 18, COLLINS) and the Senator from Mary- cancer not only takes a toll on the United States Code, to improve the ter- land (Ms. MIKULSKI) were added as co- child, it affects the entire family—the rorist hoax statute. sponsors of S. 902, a bill to provide sup- parents, siblings, friends, and extended S. 829 port and assistance for families of family all suffer when a child has can- At the request of Ms. MIKULSKI, the members of the National Guard and cer. I have had the honor of meeting name of the Senator from New York Reserve who are undergoing deploy- one such family from Warwick, RI who (Mrs. CLINTON) was added as a cospon- ment, and for other purposes. has taken the pain and devastation of sor of S. 829, a bill to reauthorize the S. CON. RES. 14 losing their nine year old son to neuro- HOPE VI program for revitalization of At the request of Ms. SNOWE, the blastoma, a very aggressive childhood severely distressed public housing, and name of the Senator from Colorado cancer, and turned their tragedy into a for other purposes. (Mr. SALAZAR) was added as a cospon- message of hope. The Haight family is S. 844 sor of S. Con. Res. 14, a concurrent res- committed, in memory of their son At the request of Mrs. FEINSTEIN, the olution commemorating the 85th anni- Ben, to providing education, advocacy, name of the Senator from Maine (Ms. versary of the founding of the Amer- and support to other families going COLLINS) was added as a cosponsor of S. ican Hellenic Educational Progressive through a similar struggle with pedi- 844, a bill to provide for the protection Association, a leading association for atric cancer. I never had a chance to of unaccompanied alien children, and the 1,300,000 United States citizens of meet Ben Haight but his mother Nancy for other purposes. Greek ancestry and Philhellenes in the has told me of his passion for life and S. 858 United States. his tremendous sense of strength and At the request of Mr. WYDEN, the S. RES. 106 courage. Ben fought every day during name of the Senator from Washington At the request of Mr. DURBIN, the his four and a half year battle with this (Ms. CANTWELL) was added as a cospon- name of the Senator from Michigan disease and his tragic story highlights sor of S. 858, a bill to amend the Inter- (Mr. LEVIN) was added as a cosponsor of the importance of this legislation.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3275 It is my hope that the bill we are in- (1) encourage and expand the support for Mr. ROCKEFELLER. Mr. President, troducing today will help to step up biomedical research programs of the existing today I am reintroducing America’s our efforts with regard to childhood National Cancer Institute-designated multi- Better Classroom Act, an essential ini- cancer so that one day Ben’s story, and center national infrastructure for pediatric tiative to respond to the overwhelming cancer research; thousands of other children like him, (2) establish a population-based national needs for school construction and ren- will be one of survival. In Rhode Island childhood cancer database (the Children’s ovations. I welcome the support of my alone, about eight children each year Cancer Research Network) to evaluate inci- colleagues, Senator HARKIN, and Sen- succumb to various forms of childhood dence trends of childhood cancers and to en- ator KERRY, who have been strong lead- cancer. Each of these children had able the investigations of genetic epidemi- ers on school construction and edu- hopes, dreams, and desires that will ology in order to identify causes to aid in de- cation policy. This bill is a wise invest- never be fulfilled and one cannot quan- velopment of prevention strategies; ment in education and economic devel- tify the impact each of these children (3) provide informational services to pa- opment; it creates jobs while we build tients and families affected by childhood and renovate our schools. could have had on their communities cancer; and on society as a whole. We need to (4) support the development, construction, The Department of Education reports be doing more to give these children a and operation of a comprehensive online that the average public school building chance to grow up and reach their full public information system on childhood can- is 42 years old. In 1995, GAO estimated potential. It is expected that by 2010 cers and services available to families; and that we needed $112 billion for school one out of 350 adults will be a survivor (5) establish a fellowship program in pedi- construction and renovations of the of childhood cancer. atric cancer research to foster clinical and three-quarters of our schools that need The Conquer Childhood Cancer Act translational research career development in funding to bring the buildings into pediatric oncologists in the early stages of good overall condition. A more recent will build the foundation necessary to their career. survey in 2001 in the Journal of Edu- enhance federal efforts in the fight SEC. 4. PEDIATRIC CANCER RESEARCH AND against childhood cancer and will also AWARENESS. cation Finance indicates that the need complement the incredible work of the Subpart 1 of part C of title IV of the Public is increasing, and the unmet need for network of organizations around the Health Service Act (42 U.S.C. 285 et seq.) is school infrastructure over the next country dedicated to the prevention amended by adding at the end the following: decade is over $200 billion. My State of and cure of pediatric cancer. ‘‘SEC. 417E. PEDIATRIC CANCER RESEARCH AND West Virginia will need as much as $2 I look forward to working with my AWARENESS. billion for school construction and ren- ‘‘(a) PEDIATRIC CANCER RESEARCH.— ovations. colleagues toward swift passage of this ‘‘(1) SPECIAL PROGRAMS OF RESEARCH EXCEL- important legislation. LENCE IN PEDIATRIC CANCERS.—The Director Combine these statistics with the I ask unanimous consent that the of NIH, acting through the National Cancer fact that there is a proven relation be- text of this legislation be printed in Institute, shall establish special programs of tween the condition of school buildings the RECORD. research excellence in the area of pediatric and the performance of students, and it There being no objection, the text of cancers. Such programs shall demonstrate a is not difficult to see that the state of the bill was ordered to be printed in balanced approach to research cause, prog- our schools is entirely unacceptable. It the RECORD, as follows: nosis, prevention, diagnosis, and treatment is our responsibility to do all we can to of pediatric cancers that foster translation S. 911 remedy this situation. of basic research findings into innovative America’s Better Classroom Act pro- Be it enacted by the Senate and House of Rep- interventions applied to patients. resentatives of the United States of America in vides the financial tools to do this. It ‘‘(2) FELLOWSHIP OF EXCELLENCE IN PEDI- Congress assembled, ATRIC CANCER RESEARCH.—The Secretary will continue the Qualified Zone Acad- SECTION 1. SHORT TITLE. shall develop a grant mechanism for the es- emy Bonding (QZAB) Program, which, This Act may be cited as the ‘‘Conquer tablishment, in cooperation with the Na- in recent years, has provided $4.2 mil- Childhood Cancer Act of 2007’’. tional Cancer Institute-supported pediatric lion for support of school construction SEC. 2. FINDINGS. cancer clinical trial groups, of Research Fel- and renovations in disadvantaged com- Congress makes the following findings: lowships in Pediatric Cancer to support ade- munities. This provision would provide (1) Cancer kills more children than any quate numbers of pediatric focused clinical other disease. $2.8 billion to continue and expand the and translational investigators thereby fa- successful QZAB Program. Effective (2) Each year cancer kills more children cilitating continuous momentum of research between 1 and 20 years of age than asthma, excellence. programs deserve continued support. diabetes, cystic fibrosis, and AIDS, com- ‘‘(b) NATIONAL CHILDHOOD CANCER REG- But the truth is that many school bined. ISTRY.—The Director of NIH shall award a districts need help with school con- (3) Every year, over 12,500 young people are grant for the operation of a population-based struction and renovations, but cannot diagnosed with cancer. national childhood cancer database, the qualify for the QZAB program. This is (4) Each year about 2,300 children and teen- Childhood Cancer Research Network (CCRN), why the America’s Better Classroom agers die from cancer. of the Children’s Oncology Group, in co- Act creates a $22 billion Qualified (5) One in every 330 Americans develops operation with the National Cancer Insti- School Bonding Program. Funding will cancer before age 20. tute. (6) Some forms of childhood cancer have ‘‘(c) PUBLIC AWARENESS OF PEDIATRIC CAN- be allocated to the States based on the proven to be so resistant that even in spite CERS AND AVAILABLE TREATMENTS AND RE- Title 1 formula so it is targeted, but of the great research strides made, most of SEARCH.—The Secretary shall award grants the States will have flexibility in allo- those children die. Up to 75 percent of the to recognized childhood cancer professional cating support among school districts. children with cancer can now be cured. and advocacy organizations for the expan- When I visit schools in West Virginia, (7) The causes of most childhood cancers sion and widespread implementation of ac- I am often stunned by the aging build- are not yet known. tivities to raise public awareness of cur- ings and compelling needs. In our fast- (8) Childhood cancers are mostly those of rently available information, treatment, and research with the intent to ensure access to growing Eastern Panhandle, new the white blood cells (leukemias), brain, schools must be built or renovated to bone, the lymphatic system, and tumors of best available therapies for pediatric can- the muscles, kidneys, and nervous system. cers. accommodate rapid population growth. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Each of these behaves differently, but all are In other parts of the State, older There are authorized to be appropriated to characterized by an uncontrolled prolifera- school buildings need renovations to be carry out this section, $30,000,000 for each of tion of abnormal cells. safe learning environments for our stu- fiscal years 2008 through 2012. Funds appro- (9) Eighty percent of the children who are priated under this section shall remain dents. As technology plays an increas- diagnosed with cancer have disease which available until expended.’’. ingly important role in education, has already spread to distant sites in the classrooms need to be updated. body. By Mr. ROCKEFELLER (for him- States and communities need the (10) Ninety percent of children with a form self, Mr. HARKIN, and Mr. America’s Better Classroom Act so of pediatric cancer are treated at one of the that we can make needed investments. more than 200 Children’s Oncology Group KERRY): member institutions throughout the United S. 912. A bill to amend the Internal School construction can play a positive States. Revenue Code of 1986 to expand the in- role in helping to stimulate our econ- SEC. 3. PURPOSES. centives for the construction and ren- omy and create needed jobs and is also It is the purpose of this Act to authorize ovation of public schools; to the Com- an important investment in our chil- appropriations to— mittee on Finance. dren’s education.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3276 CONGRESSIONAL RECORD — SENATE March 19, 2007 By Mr. CRAIG (for himself, Ms. nese Americans who are still alive Sec. 306. Deficit-neutral reserve fund for the CANTWELL, Mr. CRAPO, and Mrs. today can revisit this site that holds Farm Bill. MURRAY): such meaningful memories. It is with Sec. 307. Deficit-neutral reserve fund for en- S. 916. A bill to modify the boundary pleasure and the support of the Senator ergy legislation. of the Minidoka Internment National Sec. 308. Deficit-neutral reserve fund for from Washington, that I introduce this Medicare. Monument, to establish the Minidoka act which preserves areas of historical Sec. 309. Deficit-neutral reserve fund for National Historic Site, to authorize the and educational importance for the small business health insur- Secretary of the Interior to convey cer- people of Idaho, Washington and the ance. tain land and improvements of the United States. Sec. 310. Deficit-neutral reserve fund for county payments for Secure Gooding Division of the Minidoka f Project, Idaho, and for other purposes; Rural Schools and Community to the Committee on Energy and Nat- SUBMITTED RESOLUTIONS—DUR- Self-Determination Act of 2000 ural Resources. ING ADJOURNMENT MARCH 16, reauthorization. Mr. CRAIG. Mr. President, I rise 2007 Sec. 311. Deficit-neutral reserve fund for ter- rorism risk insurance reauthor- today with the support of my colleague ization. Senator CANTWELL to introduce the Sec. 312. Deficit-neutral reserve fund for af- Minidoka National Historic Site Act of SENATE CONCURRENT RESOLU- TION 21—SETTING FORTH THE fordable housing. 2007. This act will modify the boundary Sec. 313. Deficit-neutral reserve fund for re- of the Minidoka Internment National CONGRESSIONAL BUDGET FOR ceipts from Bonneville Power Monument to establish the Minidoka THE UNITED STATES GOVERN- Administration. National Historic Site. MENT FOR FISCAL YEAR 2008 Sec. 314. Deficit-neutral reserve fund for In- Adjacent to the Minidoka Intern- AND INCLUDING THE APPRO- dian claims settlement. ment National Monument is Herrmann PRIATE BUDGETARY LEVELS Sec. 315. Deficit-neutral reserve fund for Food and Drug Administration. farm. Herrmann farm plays a histori- FOR FISCAL YEARS 2007 AND 2009 THROUGH 2012 Sec. 316. Deficit-neutral reserve fund for cally significant role to the people of health care reform. Idaho and the United States. During Mr. CONRAD from the Committee on Sec. 317. Deficit-neutral reserve fund for en- World War II, the Herrmann farm area the Budget, submitted the following hancement of veterans’ bene- was part of the Minidoka Relocation concurrent resolution, which was fits. Center, one of the 10 city-like camps placed on the calendar: Sec. 318. Deficit-neutral reserve fund for long-term care. where Americans of Japanese descent S. CON. RES. 21 Sec. 319. Deficit-neutral reserve fund for were interned. Resolved by the Senate (the House of Rep- Herrmann farm is also an excellent health information technology. resentatives concurring), Sec. 320. Deficit-neutral reserve fund for example of how relocation center land SECTION 1. CONCURRENT RESOLUTION ON THE child care. was transformed after the war into BUDGET FOR FISCAL YEAR 2008. Sec. 321. Deficit-neutral reserve fund for small family farms suitable for irriga- (a) DECLARATION.—The Congress declares comprehensive immigration re- tion and farming. Many of these farms that this resolution is the concurrent resolu- form. were allotted to World War II veterans. tion on the budget for fiscal year 2008 and Sec. 322. Deficit-neutral reserve fund for These veteran settlers put forth the that the appropriate budgetary levels for fis- mental health parity. cal years 2007 and 2009 through 2012 are set same stubborn American spirit and in- Sec. 323. Application and effect of changes forth. in allocations and aggregates. genuity with which they helped to win (b) TABLE OF CONTENTS.—The table of con- the war, to promote the farm area into Sec. 324. Adjustments to reflect changes in tents for this concurrent resolution is as fol- concepts and definitions. a fruitful and prosperous agricultural lows: Sec. 325. Exercise of rulemaking powers. section. Sec. 1. Concurrent Resolution on the Budget Herrmann farm became one of a few TITLE I—RECOMMENDED LEVELS AND for Fiscal Year 2008. AMOUNTS Farm-In-A-Day sites within the United TITLE I—RECOMMENDED LEVELS AND SEC. 101. RECOMMENDED LEVELS AND States, where members of a community AMOUNTS AMOUNTS. joined together in the creation of a Sec. 101. Recommended levels and amounts. The following budgetary levels are appro- farm site within one day. Sec. 102. Social Security. priate for each of fiscal years 2007 through The Minidoka Internment National Sec. 103. Major functional categories. 2012: Monument area is also a notable edu- TITLE II—BUDGET PROCESS (1) FEDERAL REVENUES.—For purposes of cational tool for residents of Idaho and Sec. 201. Pay-as-you-go point of order in the the enforcement of this resolution: the United States. Herrmann farm is Senate. (A) The recommended levels of Federal an excellent location to inform the Sec. 202. Point of order against reconcili- revenues are as follows: public about the post-camp home- ation legislation that would in- Fiscal year 2007: $1,900,706,000,000. steading era and agriculture in south- crease the deficit or reduce a Fiscal year 2008: $2,009,096,000,000. Fiscal year 2009: $2,123,326,000,000. central Idaho as buildings, features, surplus. Sec. 203. Point of order against legislation Fiscal year 2010: $2,221,621,000,000. and artifacts from both the relocation increasing long-term deficits. Fiscal year 2011: $2,410,150,000,000. center and the Farm-In-A-Day are Sec. 204. Emergency legislation. Fiscal year 2012: $2,552,896,000,000. present at the Minidoka site. Sec. 205. Extension of enforcement of budg- (B) The amounts by which the aggregate In addition to the historical and edu- etary points of order. levels of Federal revenues should be changed cational importance of Herrmann farm, Sec. 206. Point of order against advance ap- are as follows: the Minidoka Internment National Site propriations. Fiscal year 2007: –$4,000,000,000. honors the hardships and sacrifices of Sec. 207. Discretionary spending limits. Fiscal year 2008: –$41,700,000,000. Sec. 208. Application of previous allocations Fiscal year 2009: $16,400,000,000. those Japanese Americans imprisoned in Senate. during World War II. Many of the Japa- Fiscal year 2010: $57,900,000,000. Sec. 209. Point of order to Save Social Secu- Fiscal year 2011: $15,600,000,000. nese American’s who lived at this site rity First. Fiscal year 2012: –$44,200,000,000. are reaching considerable age and want TITLE III—RESERVE FUNDS AND (2) NEW BUDGET AUTHORITY.—For purposes to see this area preserved for future ADJUSTMENTS of the enforcement of this resolution, the ap- generations. Sec. 301. Deficit-neutral reserve fund for propriate levels of total new budget author- The site will incorporate the Nidoto SCHIP legislation. ity are as follows: Nai Yoni, ‘‘Let it not happen again’’, Sec. 302. Deficit-neutral reserve fund for Fiscal year 2007: $2,364,566,000,000. memorial that commemorates those care of wounded service mem- Fiscal year 2008: $2,490,185,000,000. courageous Japanese Americans of bers. Fiscal year 2009: $2,506,314,000,000. Bainbridge Island, WA, who were the Sec. 303. Deficit-neutral reserve fund for tax Fiscal year 2010: $2,550,622,000,000. relief. Fiscal year 2011: $2,664,262,000,000. first to be forcibly removed from their Sec. 304. Deficit-neutral reserve fund for Fiscal year 2012: $2,691,285,000,000. homes and relocated to internment comparative effectiveness re- (3) BUDGET OUTLAYS.—For purposes of the camps during World War II. search. enforcement of this resolution, the appro- I ask the Senate to move swiftly on Sec. 305. Deficit-neutral reserve fund for priate levels of total budget outlays are as this bill, so the remaining few Japa- higher education. follows:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3277 Fiscal year 2007: $2,298,846,000,000. (A) New budget authority, $619,363,000,000. (B) Outlays, $35,264,000,000. Fiscal year 2008: $2,460,251,000,000. (B) Outlays, $560,462,000,000. Fiscal year 2011: Fiscal year 2009: $2,555,575,000,000. Fiscal year 2008: (A) New budget authority, $34,365,000,000. Fiscal year 2010: $2,582,172,000,000. (A) New budget authority, $648,820,000,000. (B) Outlays, $35,337,000,000. Fiscal year 2011: $2,670,131,000,000. (B) Outlays, $617,842,000,000. Fiscal year 2012: Fiscal year 2012: $2,677,372,000,000. Fiscal year 2009: (A) New budget authority, $35,098,000,000. (4) DEFICITS.—For purposes of the enforce- (A) New budget authority, $584,775,000,000. (B) Outlays, $35,624,000,000. ment of this resolution, the amounts of the (B) Outlays, $626,962,000,000. (6) Agriculture (350): deficits are as follows: Fiscal year 2010: Fiscal year 2007: Fiscal year 2007: $398,140,000,000. (A) New budget authority, $545,251,000,000. (A) New budget authority, $26,207,000,000. Fiscal year 2008: $451,155,000,000. (B) Outlays, $572,856,000,000. (B) Outlays, $22,580,000,000. Fiscal year 2009: $432,249,000,000. Fiscal year 2011: Fiscal year 2008: Fiscal year 2010: $360,551,000,000. (A) New budget authority, $551,054,000,000. (A) New budget authority, $20,481,000,000. Fiscal year 2011: $259,981,000,000. (B) Outlays, $558,381,000,000. (B) Outlays, $21,497,000,000. Fiscal year 2012: $124,476,000,000. Fiscal year 2012: Fiscal year 2009: (5) PUBLIC DEBT.—The appropriate levels of (A) New budget authority, $559,899,000,000. (A) New budget authority, $20,984,000,000. the public debt are as follows: (B) Outlays, $551,763,000,000. (B) Outlays, $20,108,000,000. Fiscal year 2007: $8,960,830,000,000. (2) International Affairs (150): Fiscal year 2010: Fiscal year 2008: $9,529,690,000,000. Fiscal year 2007: (A) New budget authority, $21,137,000,000. Fiscal year 2009: $10,078,585,000,000. (A) New budget authority, $34,790,000,000. (B) Outlays, $20,118,000,000. Fiscal year 2010: $10,556,677,000,000. (B) Outlays, $32,015,000,000. Fiscal year 2011: Fiscal year 2011: $10,929,998,000,000. Fiscal year 2008: (A) New budget authority, $21,099,000,000. Fiscal year 2012: $11,180,704,000,000. (A) New budget authority, $37,004,000,000. (B) Outlays, $20,390,000,000. (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $35,887,000,000. Fiscal year 2012: priate levels of debt held by the public are as Fiscal year 2009: (A) New budget authority, $21,288,000,000. follows: (A) New budget authority, $34,555,000,000. (B) Outlays, $20,763,000,000. Fiscal year 2007: $5,045,226,000,000. (B) Outlays, $34,533,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2008: $5,308,092,000,000. Fiscal year 2010: Fiscal year 2007: Fiscal year 2009: $5,536,784,000,000. (A) New budget authority, $34,859,000,000. (A) New budget authority, $5,515,000,000. Fiscal year 2010: $5,680,183,000,000. (B) Outlays, $33,272,000,000. (B) Outlays, –$3,522,000,000. Fiscal year 2011: $5,705,908,000,000. Fiscal year 2011: Fiscal year 2008: Fiscal year 2012: $5,584,520,000,000. (A) New budget authority, $35,432,000,000. (A) New budget authority, $8,797,000,000. (B) Outlays, $33,227,000,000. (B) Outlays, $1,790,000,000. SEC. 102. SOCIAL SECURITY. Fiscal year 2012: Fiscal year 2009: (a) SOCIAL SECURITY REVENUES.—The (A) New budget authority, $35,984,000,000. (A) New budget authority, $8,602,000,000. amounts of revenues of the Federal Old-Age (B) Outlays, $33,214,000,000. (B) Outlays, $139,000,000. and Survivors Insurance Trust Fund and the (3) General Science, Space, and Technology Fiscal year 2010: Federal Disability Insurance Trust Fund are (250): (A) New budget authority, $8,566,000,000. as follows: Fiscal year 2007: (B) Outlays, $173,000,000. Fiscal year 2007: $637,586,000,000. (A) New budget authority, $25,079,000,000. Fiscal year 2011: Fiscal year 2008: $668,998,000,000. (B) Outlays, $24,516,000,000. (A) New budget authority, $8,591,000,000. Fiscal year 2009: $702,851,000,000. Fiscal year 2008: (B) Outlays, –$28,000,000. Fiscal year 2010: $737,589,000,000. (A) New budget authority, $26,535,000,000. Fiscal year 2012: Fiscal year 2011: $772,605,000,000. (B) Outlays, $25,885,000,000. (A) New budget authority, $8,772,000,000. Fiscal year 2012: $807,928,000,000. Fiscal year 2009: (B) Outlays, $507,000,000. (b) SOCIAL SECURITY OUTLAYS.—The (A) New budget authority, $26,885,000,000. (8) Transportation (400): amounts of outlays of the Federal Old-Age (B) Outlays, $27,144,000,000. Fiscal year 2007: and Survivors Insurance Trust Fund and the Fiscal year 2010: (A) New budget authority, $81,282,000,000. Federal Disability Insurance Trust Fund are (A) New budget authority, $27,249,000,000. (B) Outlays, $74,739,000,000. as follows: (B) Outlays, $27,432,000,000. Fiscal year 2008: Fiscal year 2007: $441,676,000,000. Fiscal year 2011: (A) New budget authority, $83,709,000,000. Fiscal year 2008: $460,224,000,000. (A) New budget authority, $27,614,000,000. (B) Outlays, $81,220,000,000. Fiscal year 2009: $478,578,000,000. (B) Outlays, $27,192,000,000. Fiscal year 2009: Fiscal year 2010: $499,655,000,000. Fiscal year 2012: (A) New budget authority, $75,700,000,000. Fiscal year 2011: $520,743,000,000. (A) New budget authority, $27,980,000,000. (B) Outlays, $84,032,000,000. Fiscal year 2012: $546,082,000,000. (B) Outlays, $27,535,000,000. Fiscal year 2010: (c) SOCIAL SECURITY ADMINISTRATIVE EX- (4) Energy (270): (A) New budget authority, $76,253,000,000. PENSES.—In the Senate, the amounts of new Fiscal year 2007: (B) Outlays, $85,893,000,000. budget authority and budget outlays of the (A) New budget authority, $2,958,000,000. Fiscal year 2011: Federal Old-Age and Survivors Insurance (B) Outlays, $1,384,000,000. (A) New budget authority, $76,887,000,000. Trust Fund and the Federal Disability Insur- Fiscal year 2008: (B) Outlays, $86,307,000,000. ance Trust Fund for administrative expenses (A) New budget authority, $3,337,000,000. Fiscal year 2012: are as follows: (B) Outlays, $1,150,000,000. (A) New budget authority, $77,476,000,000. Fiscal year 2007: Fiscal year 2009: (B) Outlays, $87,721,000,000. (A) New budget authority, $4,692,000,000. (A) New budget authority, $3,142,000,000. (9) Community and Regional Development (B) Outlays, $4,727,000,000. (B) Outlays, $1,539,000,000. (450): Fiscal year 2008: Fiscal year 2010: Fiscal year 2007: (A) New budget authority, $5,130,000,000. (A) New budget authority, $3,198,000,000. (A) New budget authority, $19,117,000,000. (B) Outlays, $5,105,000,000. (B) Outlays, $1,715,000,000. (B) Outlays, $28,281,000,000. Fiscal year 2009: Fiscal year 2011: Fiscal year 2008: (A) New budget authority, $5,284,000,000. (A) New budget authority, $3,258,000,000. (A) New budget authority, $14,634,000,000. (B) Outlays, $5,244,000,000. (B) Outlays, $1,750,000,000. (B) Outlays, $22,298,000,000. Fiscal year 2010: Fiscal year 2012: Fiscal year 2009: (A) New budget authority, $5,444,000,000. (A) New budget authority, $3,306,000,000. (A) New budget authority, $13,511,000,000. (B) Outlays, $5,417,000,000. (B) Outlays, $2,022,000,000. (B) Outlays, $21,017,000,000. Fiscal year 2011: (5) Natural Resources and Environment Fiscal year 2010: (A) New budget authority, $5,612,000,000. (300): (A) New budget authority, $13,692,000,000. (B) Outlays, $5,583,000,000. Fiscal year 2007: (B) Outlays, $19,848,000,000. Fiscal year 2012: (A) New budget authority, $31,332,000,000. Fiscal year 2011: (A) New budget authority, $5,783,000,000. (B) Outlays, $32,905,000,000. (A) New budget authority, $13,871,000,000. (B) Outlays, $5,753,000,000. Fiscal year 2008: (B) Outlays, $17,903,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $32,883,000,000. Fiscal year 2012: The Congress determines and declares that (B) Outlays, $34,887,000,000. (A) New budget authority, $14,048,000,000. the appropriate levels of new budget author- Fiscal year 2009: (B) Outlays, $15,006,000,000. ity and outlays for fiscal years 2007 through (A) New budget authority, $33,331,000,000. (10) Education, Training, Employment, and 2012 for each major functional category are: (B) Outlays, $35,240,000,000. Social Services (500): (1) National Defense (050): Fiscal year 2010: Fiscal year 2007: Fiscal year 2007: (A) New budget authority, $33,999,000,000. (A) New budget authority, $92,780,000,000.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3278 CONGRESSIONAL RECORD — SENATE March 19, 2007 (B) Outlays, $92,224,000,000. (B) Outlays, $27,009,000,000. Fiscal year 2009: Fiscal year 2008: Fiscal year 2012: (A) New budget authority, (A) New budget authority, $93,789,000,000. (A) New budget authority, $29,898,000,000. –$7,180,000,000. (B) Outlays, $90,397,000,000. (B) Outlays, $29,898,000,000. (B) Outlays, –$5,010,000,000. Fiscal year 2009: (15) Veterans Benefits and Services (700): Fiscal year 2010: (A) New budget authority, $97,592,000,000. Fiscal year 2007: (A) New budget authority, (B) Outlays, $93,890,000,000. (A) New budget authority, $73,896,000,000. –$7,279,000,000. Fiscal year 2010: (B) Outlays, $72,342,000,000. (B) Outlays, –$6,851,000,000. (A) New budget authority, $99,366,000,000. Fiscal year 2008: Fiscal year 2011: (B) Outlays, $96,866,000,000. (A) New budget authority, $85,192,000,000. (A) New budget authority, Fiscal year 2011: (B) Outlays, $84,362,000,000. –$7,373,000,000. (A) New budget authority, $99,650,000,000. Fiscal year 2009: (B) Outlays, –$7,171,000,000. (B) Outlays, $98,463,000,000. (A) New budget authority, $87,372,000,000. Fiscal year 2012: Fiscal year 2012: (B) Outlays, $87,935,000,000. (A) New budget authority, (A) New budget authority, $100,104,000,000. Fiscal year 2010: –$7,470,000,000. (B) Outlays, $98,307,000,000. (A) New budget authority, $89,559,000,000. (B) Outlays, –$7,311,000,000. (11) Health (550): (B) Outlays, $89,210,000,000. (20) Undistributed Offsetting Receipts (950): Fiscal year 2007: Fiscal year 2011: Fiscal year 2007: (A) New budget authority, $268,340,000,000. (A) New budget authority, $94,707,000,000. (A) New budget authority, (B) Outlays, $268,645,000,000. (B) Outlays, $94,314,000,000. –$69,714,000,000. Fiscal year 2008: Fiscal year 2012: (B) Outlays, –$69,714,000,000. (A) New budget authority, $288,836,000,000. (A) New budget authority, $91,513,000,000. Fiscal year 2008: (B) Outlays, $287,893,000,000. (B) Outlays, $90,957,000,000. (A) New budget authority, Fiscal year 2009: (16) Administration of Justice (750): –$71,754,000,000. (A) New budget authority, $310,058,000,000. Fiscal year 2007: (B) Outlays, –$71,754,000,000. (B) Outlays, $308,255,000,000. (A) New budget authority, $45,559,000,000. Fiscal year 2009: Fiscal year 2010: (B) Outlays, $44,709,000,000. (A) New budget authority, (A) New budget authority, $328,209,000,000. Fiscal year 2008: –$67,035,000,000. (B) Outlays, $328,322,000,000. (A) New budget authority, $47,180,000,000. (B) Outlays, –$67,044,000,000. Fiscal year 2011: (B) Outlays, $46,514,000,000. Fiscal year 2010: (A) New budget authority, $351,047,000,000. Fiscal year 2009: (A) New budget authority, (B) Outlays, $350,346,000,000. (A) New budget authority, $47,333,000,000. –$67,458,000,000. Fiscal year 2012: (B) Outlays, $48,234,000,000. (B) Outlays, –$67,458,000,000. (A) New budget authority, $374,804,000,000. Fiscal year 2010: Fiscal year 2011: (B) Outlays, $374,141,000,000. (A) New budget authority, $48,106,000,000. (A) New budget authority, (12) Medicare (570): (B) Outlays, $48,397,000,000. –$70,175,000,000. Fiscal year 2007: Fiscal year 2011: (B) Outlays, –$70,195,000,000. (A) New budget authority, $365,152,000,000. (A) New budget authority, $48,895,000,000. Fiscal year 2012: (B) Outlays, $370,180,000,000. (B) Outlays, $48,766,000,000. (A) New budget authority, Fiscal year 2008: Fiscal year 2012: –$72,557,000,000. (A) New budget authority, $389,969,000,000. (A) New budget authority, $49,686,000,000. (B) Outlays, –$72,560,000,000. (B) Outlays, $390,035,000,000. (B) Outlays, $49,414,000,000. Fiscal year 2009: (17) General Government (800): TITLE II—BUDGET PROCESS (A) New budget authority, $414,779,000,000. Fiscal year 2007: SEC. 201. PAY-AS-YOU-GO POINT OF ORDER IN (B) Outlays, $414,440,000,000. (A) New budget authority, $18,196,000,000. THE SENATE. Fiscal year 2010: (B) Outlays, $18,577,000,000. (a) POINT OF ORDER.— (A) New budget authority, $439,862,000,000. Fiscal year 2008: (1) IN GENERAL.—It shall not be in order in (B) Outlays, $440,092,000,000. (A) New budget authority, $18,745,000,000. the Senate to consider any direct spending Fiscal year 2011: (B) Outlays, $19,107,000,000. or revenue legislation that would increase (A) New budget authority, $484,792,000,000. Fiscal year 2009: the on-budget deficit or cause an on-budget (B) Outlays, $484,811,000,000. (A) New budget authority, $19,208,000,000. deficit for any 1 of 4 applicable time periods Fiscal year 2012: (B) Outlays, $19,306,000,000. as measured in paragraphs (5) and (6). (A) New budget authority, $481,008,000,000. Fiscal year 2010: (2) APPLICABLE TIME PERIODS.—For pur- (B) Outlays, $480,632,000,000. (A) New budget authority, $19,649,000,000. poses of this subsection, the term ‘‘applica- (13) Income Security (600): (B) Outlays, $19,564,000,000. ble time period’’ means any 1 of the 4 fol- Fiscal year 2007: Fiscal year 2011: lowing periods: (A) New budget authority, $360,365,000,000. (A) New budget authority, $20,214,000,000. (A) The current fiscal year. (B) Outlays, $364,204,000,000. (B) Outlays, $19,979,000,000. (B) The budget year. Fiscal year 2008: Fiscal year 2012: (C) The period of the 5 fiscal years fol- (A) New budget authority, $379,046,000,000. (A) New budget authority, $20,721,000,000. lowing the current fiscal year. (B) Outlays, $383,072,000,000. (B) Outlays, $20,602,000,000. (D) The period of the 5 fiscal years fol- Fiscal year 2009: (18) Net Interest (900): lowing the 5 fiscal years referred to in sub- (A) New budget authority, $390,791,000,000. Fiscal year 2007: paragraph (C). (B) Outlays, $392,946,000,000. (A) New budget authority, $344,475,000,000. (3) DIRECT SPENDING LEGISLATION.—For pur- Fiscal year 2010: (B) Outlays, $344,475,000,000. poses of this subsection and except as pro- (A) New budget authority, $400,703,000,000. Fiscal year 2008: vided in paragraph (4), the term ‘‘direct (B) Outlays, $401,757,000,000. (A) New budget authority, $370,425,000,000. spending legislation’’ means any bill, joint Fiscal year 2011: (B) Outlays, $370,425,000,000. resolution, amendment, motion, or con- (A) New budget authority, $415,851,000,000. Fiscal year 2009: ference report that affects direct spending as (B) Outlays, $415,874,000,000. (A) New budget authority, $390,393,000,000. that term is defined by, and interpreted for Fiscal year 2012: (B) Outlays, $390,393,000,000. purposes of, the Balanced Budget and Emer- (A) New budget authority, $401,275,000,000. Fiscal year 2010: gency Deficit Control Act of 1985. (B) Outlays, $400,684,000,000. (A) New budget authority, $412,001,000,000. (4) EXCLUSION.—For purposes of this sub- (14) Social Security (650): (B) Outlays, $412,001,000,000. section, the terms ‘‘direct spending legisla- Fiscal year 2007: Fiscal year 2011: tion’’ and ‘‘revenue legislation’’ do not in- (A) New budget authority, $19,089,000,000. (A) New budget authority, $427,474,000,000. clude— (B) Outlays, $19,089,000,000. (B) Outlays, $427,474,000,000. (A) any concurrent resolution on the budg- Fiscal year 2008: Fiscal year 2012: et; or (A) New budget authority, $19,644,000,000. (A) New budget authority, $438,452,000,000. (B) any provision of legislation that affects (B) Outlays, $19,644,000,000. (B) Outlays, $438,452,000,000. the full funding of, and continuation of, the Fiscal year 2009: (19) Allowances (920): deposit insurance guarantee commitment in (A) New budget authority, $21,518,000,000. Fiscal year 2007: effect on the date of enactment of the Budg- (B) Outlays, $21,518,000,000. (A) New budget authority, $785,000,000. et Enforcement Act of 1990. Fiscal year 2010: (B) Outlays, $755,000,000. (5) BASELINE.—Estimates prepared pursu- (A) New budget authority, $23,701,000,000. Fiscal year 2008: ant to this subsection shall— (B) Outlays, $23,701,000,000. (A) New budget authority, (A) use the baseline surplus or deficit used Fiscal year 2011: –$7,087,000,000. for the most recently adopted concurrent (A) New budget authority, $27,009,000,000. (B) Outlays, –$1,901,000,000. resolution on the budget; and

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(B) be calculated under the requirements amendments thereto and conference reports (B) APPEALS.—Appeals in the Senate from of subsections (b) through (d) of section 257 thereon, an estimate of whether the measure the decisions of the Chair relating to any of the Balanced Budget and Emergency Def- would cause, relative to current law, a net provision of this subsection shall be limited icit Control Act of 1985 for fiscal years be- increase in deficits in excess of $5,000,000,000 to 1 hour, to be equally divided between, and yond those covered by that concurrent reso- in any of the four 10-year periods beginning controlled by, the appellant and the manager lution on the budget. in fiscal year 2018 through fiscal year 2057. of the bill or joint resolution, as the case (6) PRIOR SURPLUS.—If direct spending or (b) POINT OF ORDER.—In the Senate, it may be. An affirmative vote of three-fifths of revenue legislation increases the on-budget shall not be in order to consider any bill, the Members of the Senate, duly chosen and deficit or causes an on-budget deficit when joint resolution, amendment, motion, or con- sworn, shall be required to sustain an appeal taken individually, it must also increase the ference report that would cause a net in- of the ruling of the Chair on a point of order on-budget deficit or cause an on-budget def- crease in deficits in excess of $5,000,000,000 in raised under this subsection. icit when taken together with all direct any of the four 10-year periods beginning in (3) DEFINITION OF AN EMERGENCY DESIGNA- spending and revenue legislation enacted 2018 through 2057. TION.—For purposes of paragraph (1), a provi- since the beginning of the calendar year not (c) SUPERMAJORITY WAIVER AND APPEAL.— sion shall be considered an emergency des- accounted for in the baseline under para- (1) WAIVER.—This section may be waived or ignation if it designates any item as an graph (5)(A), except that direct spending or suspended only by the affirmative vote of emergency requirement pursuant to this sub- revenue effects resulting in net deficit reduc- three-fifths of the Members, duly chosen and section. tion enacted in any bill pursuant to a rec- sworn. (4) FORM OF THE POINT OF ORDER.—A point onciliation instruction since the beginning (2) APPEAL.—An affirmative vote of three- of order under paragraph (1) may be raised of that same calendar year shall never be fifths of the Members, duly chosen and by a Senator as provided in section 313(e) of made available on the pay-as-you-go ledger sworn, shall be required to sustain an appeal the Congressional Budget Act of 1974. and shall be dedicated only for deficit reduc- of the ruling of the Chair on a point of order (5) CONFERENCE REPORTS.—If a point of tion. raised under this section. order is sustained under paragraph (1) (b) SUPERMAJORITY WAIVER AND APPEALS.— (d) DETERMINATIONS OF BUDGET LEVELS.— against a conference report, the report shall (1) WAIVER.—This section may be waived or For purposes of this section, the levels of net be disposed of as provided in section 313(d) of suspended in the Senate only by the affirma- deficit increases shall be determined on the the Congressional Budget Act of 1974. tive vote of three-fifths of the Members, duly basis of estimates provided by the Com- (f) CRITERIA.— chosen and sworn. mittee on the Budget of the Senate. (1) IN GENERAL.—For purposes of this sec- (2) APPEALS.—Appeals in the Senate from (e) REPEAL.—In the Senate, section 407 of tion, any provision is an emergency require- the decisions of the Chair relating to any H. Con. Res. 95 (109th Congress), the concur- ment if the situation addressed by such pro- provision of this section shall be limited to 1 rent resolution on the budget for fiscal year vision is— hour, to be equally divided between, and con- 2006, shall no longer apply. (A) necessary, essential, or vital (not mere- trolled by, the appellant and the manager of (f) SUNSET.—This section shall expire on ly useful or beneficial); the bill or joint resolution, as the case may September 30, 2017. (B) sudden, quickly coming into being, and be. An affirmative vote of three-fifths of the SEC. 204. EMERGENCY LEGISLATION. not building up over time; Members of the Senate, duly chosen and (a) AUTHORITY TO DESIGNATE.—With re- (C) an urgent, pressing, and compelling sworn, shall be required to sustain an appeal spect to a provision of direct spending or re- need requiring immediate action; of the ruling of the Chair on a point of order ceipts legislation or appropriations for dis- (D) subject to paragraph (2), unforeseen, raised under this section. cretionary accounts that the Congress des- unpredictable, and unanticipated; and (c) DETERMINATION OF BUDGET LEVELS.— ignates as an emergency requirement in such (E) not permanent, temporary in nature. For purposes of this section, the levels of measure, the amounts of new budget author- (2) UNFORESEEN.—An emergency that is new budget authority, outlays, and revenues ity, outlays, and receipts in all fiscal years part of an aggregate level of anticipated for a fiscal year shall be determined on the resulting from that provision shall be treat- emergencies, particularly when normally es- basis of estimates made by the Senate Com- ed as an emergency requirement for the pur- timated in advance, is not unforeseen. mittee on the Budget. pose of this section. (g) REPEAL.—In the Senate, section 402 of (d) SUNSET.—This section shall expire on (b) EXEMPTION OF EMERGENCY PROVI- H. Con. Res. 95 (109th Congress), the concur- September 30, 2017. SIONS.—Any new budget authority, outlays, rent resolution on the budget for fiscal year (e) REPEAL.—In the Senate, section 505 of and receipts resulting from any provision 2006, shall no longer apply. H. Con. Res. 95 (108th Congress), the fiscal designated as an emergency requirement, SEC. 205. EXTENSION OF ENFORCEMENT OF year 2004 concurrent resolution on the budg- pursuant to this section, in any bill, joint BUDGETARY POINTS OF ORDER. et, shall no longer apply. resolution, amendment, or conference report Notwithstanding any provision of the Con- SEC. 202. POINT OF ORDER AGAINST RECONCILI- shall not count for purposes of sections 302 gressional Budget Act of 1974 and section 403 ATION LEGISLATION THAT WOULD of H. Con. Res. 95 (109th Congress), the con- INCREASE THE DEFICIT OR REDUCE and 311 of the Congressional Budget Act of A SURPLUS. 1974 and sections 201 and 207 of this resolu- current resolution on the budget for fiscal (a) IN GENERAL.—It shall not be in order in tion (relating to pay-as-you-go in the Senate year 2006, subsections (c)(2) and (d)(3) of sec- the Senate to consider any reconciliation and discretionary spending limits). tion 904 of the Congressional Budget Act of bill, resolution, amendment, amendment be- (c) DESIGNATIONS.—If a provision of legisla- 1974 and section 403 of H. Con. Res. 95 (109th tween Houses, motion, or conference report tion is designated as an emergency require- Congress) shall remain in effect for purposes pursuant to section 310 of the Congressional ment under this section, the committee re- of Senate enforcement through September Budget Act of 1974 that would cause or in- port and any statement of managers accom- 30, 2017. crease a deficit or reduce a surplus in the panying that legislation shall include an ex- SEC. 206. POINT OF ORDER AGAINST ADVANCE current fiscal year, the budget year, the pe- planation of the manner in which the provi- APPROPRIATIONS. riod of the first 5 fiscal years following the sion meets the criteria in subsection (f). (a) IN GENERAL.— current fiscal year, or the period of the sec- (d) DEFINITIONS.—In this section, the terms (1) POINT OF ORDER.—Except as provided in ond 5 fiscal years following the current fiscal ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- subsection (b), it shall not be in order in the year. priations for discretionary accounts’’ means Senate to consider any bill, joint resolution, (b) SUPERMAJORITY WAIVER AND APPEAL.— any provision of a bill, joint resolution, motion, amendment, or conference report (1) WAIVER.—This section may be waived or amendment, motion, or conference report that would provide an advance appropria- suspended in the Senate only by an affirma- that affects direct spending, receipts, or ap- tion. tive vote of three-fifths of the Members, duly propriations as those terms have been de- (2) DEFINITION.—In this section, the term chosen and sworn. fined and interpreted for purposes of the Bal- ‘‘advance appropriation’’ means any new (2) APPEAL.—An affirmative vote of three- anced Budget and Emergency Deficit Control budget authority provided in a bill or joint fifths of the Members of the Senate, duly Act of 1985. resolution making general appropriations or chosen and sworn, shall be required in the (e) POINT OF ORDER.— continuing appropriations for fiscal year 2008 Senate to sustain an appeal of the ruling of (1) IN GENERAL.—When the Senate is con- that first becomes available for any fiscal the Chair on a point of order raised under sidering a bill, resolution, amendment, mo- year after 2008, or any new budget authority this section. tion, or conference report, if a point of order provided in a bill or joint resolution making SEC. 203. POINT OF ORDER AGAINST LEGISLA- is made by a Senator against an emergency general appropriations or continuing appro- TION INCREASING LONG-TERM DEFI- designation in that measure, that provision priations for fiscal year 2009, that first be- CITS. making such a designation shall be stricken comes available for any fiscal year after 2009. (a) CONGRESSIONAL BUDGET OFFICE ANAL- from the measure and may not be offered as (b) EXCEPTIONS.—Advance appropriations YSIS OF PROPOSALS.—The Director of the an amendment from the floor. may be provided— Congressional Budget Office shall, to the ex- (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) for fiscal years 2009 and 2010 for pro- tent practicable, prepare for each bill and (A) WAIVER.—Paragraph (1) may be waived grams, projects, activities, or accounts iden- joint resolution reported from committee or suspended in the Senate only by an af- tified in the joint explanatory statement of (except measures within the jurisdiction of firmative vote of three-fifths of the Mem- managers accompanying this resolution the Committee on Appropriations), and bers, duly chosen and sworn. under the heading ‘‘Accounts Identified for

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Advance Appropriations’’ in an aggregate (2) MATTERS DESCRIBED.—Matters referred by the amounts provided in such legislation amount not to exceed $25,158,000,000 in new to in paragraph (1) are as follows: for such purpose, but not to exceed the fol- budget authority in each year; and (A) CONTINUING DISABILITY REVIEWS AND SSI lowing amounts in budget authority and the (2) for the Corporation for Public Broad- REDETERMINATIONS.—If a bill or joint resolu- outlays flowing therefrom: casting. tion is reported making appropriations for (I) for the Forest Service, for fiscal year (c) SUPERMAJORITY WAIVER AND APPEAL.— fiscal year 2008 that appropriates $264,000,000 2008, $400,000,000 ; and (1) WAIVER.—In the Senate, subsection (a) for continuing disability reviews and Supple- (II) for the Department of the Interior, for may be waived or suspended only by an af- mental Security Income redeterminations fiscal year 2008, $100,000,000. firmative vote of three-fifths of the Mem- for the Social Security Administration, and (F) COSTS OF GLOBAL WAR ON TERROR.—The bers, duly chosen and sworn. provides an additional appropriation of up to Chairman of the Senate Committee on the (2) APPEAL.—An affirmative vote of three- $213,000,000 for continuing disability reviews Budget may revise the allocations, aggre- fifths of the Members of the Senate, duly and Supplemental Security Income redeter- gates, and discretionary spending limits for chosen and sworn, shall be required to sus- minations for the Social Security Adminis- one or more bills, joint resolutions, motions, tain an appeal of the ruling of the Chair on tration, then the discretionary spending lim- amendments, or conference reports that a point of order raised under paragraph (a). its, allocation to the Senate Committee on make discretionary appropriations for fiscal (d) FORM OF POINT OF ORDER.—A point of Appropriations, and aggregates may be ad- year 2008 or 2009 in excess of the levels as- order under subsection (a) may be raised by justed by the amounts provided in such legis- sumed in this resolution for expenses related a Senator as provided in section 313(e) of the lation for that purpose, but not to exceed to the global war on terror, but not to exceed Congressional Budget Act of 1974. $213,000,000 in budget authority and outlays the following amounts: (e) CONFERENCE REPORTS.—If a point of flowing therefrom for fiscal year 2008. (i) For fiscal year 2008, $145,162,000,000 in order is sustained under subsection (a) (B) INTERNAL REVENUE SERVICE TAX EN- budget authority and the outlays flowing against a conference report in the Senate, FORCEMENT.—If a bill or joint resolution is therefrom. the report shall be disposed of as provided in reported making appropriations for fiscal (ii) For fiscal year 2009, $50,000,000,000 in section 313(d) of the Congressional Budget year 2008 that appropriates $6,822,000,000 for budget authority and the outlays flowing Act of 1974. the Internal Revenue Service for enhanced therefrom. (f) REPEAL.—In the Senate, section 401 of tax enforcement to address the Federal tax (G) ADJUSTMENT FOR UNITED STATES FORCES H. Con. Res. 95 (109th Congress), the concur- gap (taxes owed but not paid) and provides IN THE GLOBAL WAR ON TERRORISM.—The rent resolution on the budget for fiscal year an additional appropriation of up to Chairman of the Senate Committee on the 2006, shall no longer apply. $406,000,000 for the Internal Revenue Service Budget may revise the allocations, aggre- for enhanced tax enforcement to address the gates, and discretionary spending limits for SEC. 207. DISCRETIONARY SPENDING LIMITS. Federal tax gap, then the discretionary (a) POINT OF ORDER.— one or more bills, joint resolutions, motions, spending limits, allocation to the Senate amendments, or conference reports that (1) IN GENERAL.—Except as otherwise pro- Committee on Appropriations, and aggre- vided in this section, it shall not be in order make discretionary appropriations for fiscal gates may be adjusted by the amounts pro- year 2008 for an amount appropriated, but in the Senate to consider any bill or joint vided in such legislation for that purpose, resolution (or amendment, motion, or con- not to exceed $5,000,000,000 in budgetary au- but not to exceed $406,000,000 in budget au- thority and outlays flowing therefrom, to— ference report on that bill or joint resolu- thority and outlays flowing therefrom for (i) address training, equipment, force pro- tion) that would cause the discretionary fiscal year 2008. tection, logistics, or other matters necessary spending limits in this section to be exceed- (C) HEALTH CARE FRAUD AND ABUSE CON- for the protection of United States forces; or ed. TROL.—If a bill or joint resolution is reported (ii) address deficiencies at Walter Reed (2) SUPERMAJORITY WAIVER AND APPEALS.— making appropriations for fiscal year 2008 Army Medical Center and other facilities (A) WAIVER.—This subsection may be that appropriates up to $383,000,000 to the within the military medical system pro- waived or suspended in the Senate only by health care fraud and abuse control program viding treatment to service members injured the affirmative vote of three-fifths of the at the Department of Health and Human while performing their duties in the Global Members, duly chosen and sworn. Services, then the discretionary spending (B) APPEALS.—Appeals in the Senate from limits, allocation to the Senate Committee War on Terrorism. the decisions of the Chair relating to any on Appropriations, and aggregates may be SEC. 208. APPLICATION OF PREVIOUS ALLOCA- provision of this subsection shall be limited adjusted by the amounts provided in such TIONS IN SENATE. to 1 hour, to be equally divided between, and legislation for that purpose, but not to ex- Section 7035 of Public Law 109–234 shall no controlled by, the appellant and the manager ceed $383,000,000 in budget authority and out- longer apply in the Senate. of the bill or joint resolution. An affirmative lays flowing therefrom for fiscal year 2008. SEC. 209. POINT OF ORDER TO SAVE SOCIAL SE- CURITY FIRST. vote of three-fifths of the Members of the (D) UNEMPLOYMENT INSURANCE IMPROPER Senate, duly chosen and sworn, shall be re- PAYMENTS REVIEWS.—If a bill or joint resolu- (a) POINT OF ORDER IN THE SENATE.—It quired to sustain an appeal of the ruling of tion is reported making appropriations for shall not be in order in the Senate to con- the Chair on a point of order raised under fiscal year 2008 that appropriates $10,000,000 sider any direct spending or revenue legisla- this subsection. for unemployment insurance improper pay- tion that would increase the on-budget def- (b) DISCRETIONARY SPENDING LIMITS.—In ments reviews for the Department of Labor, icit in any fiscal year until the President the Senate and as used in this section, the and provides an additional appropriation of submits legislation to Congress and Congress term ‘‘discretionary spending limit’’ up to $40,000,000 for unemployment insurance enacts legislation which would restore 75- means— improper payments reviews for the Depart- year solvency to the Old-Age, Survivors, and (1) for fiscal year 2007, $951,140,000,000 in ment of Labor, then the discretionary spend- Disability Insurance Trust Funds as certified new budget authority and $1,029,456,000,000 in ing limits, allocation to the Senate Com- by the Social Security Administration actu- outlays; and mittee on Appropriations, and aggregates aries. (2) for fiscal year 2008, $942,312,000,000 in may be adjusted by the amounts provided in (b) SUPERMAJORITY WAIVER AND APPEAL.— new budget authority and $1,021,407,000,000 in such legislation for that purpose, but not to This section may be waived or suspended in outlays; exceed $40,000,000 in budget authority and the Senate only by an affirmative vote of as adjusted in conformance with the adjust- outlays flowing therefrom for fiscal year three-fifths of the Members, duly chosen and ment procedures in subsection (c). 2008. sworn. An affirmative vote of three-fifths of (c) ADJUSTMENTS.— (E) WILDLAND FIRE SUPPRESSION.— the Members of the Senate, duly chosen and (1) IN GENERAL.—After the reporting of a (i) DEFINITION.—For this subparagraph, the sworn, shall be required in the Senate to sus- bill or joint resolution relating to any mat- term ‘‘base amount’’ refers to the average of tain an appeal of the ruling of the Chair on ter described in paragraph (2), or the offering the obligations of the preceding 10 years for a point of order raised under this section. of an amendment thereto or the submission wildfire suppression in the Forest Service TITLE III—RESERVE FUNDS AND of a conference report thereon— and the Department of the Interior, cal- ADJUSTMENTS (A) the chairman of the Senate Committee culated as of the date of the applicable year’s SEC. 301. DEFICIT-NEUTRAL RESERVE FUND FOR on the Budget may adjust the discretionary budget request is submitted by the President SCHIP LEGISLATION. spending limits, budgetary aggregates, and to Congress. The Chairman of the Senate Committee on allocations pursuant to section 302(a) of the (ii) ADJUSTMENTS FOR FISCAL YEAR 2008.—If the Budget may revise the allocations, ag- Congressional Budget Act of 1974, by the the amount appropriated for Wildland Fire gregates, and other appropriate levels in this amount of new budget authority in that Suppression in fiscal year 2008 is not less resolution for a bill, joint resolution, amend- measure for that purpose and the outlays than the base amount, then the chairman of ment, motion, or conference report that pro- flowing therefrom; and the Senate Committee on the Budget may vides up to $50,000,000,000 for reauthorization (B) following any adjustment under sub- adjust the appropriate allocations, aggre- of the State Children’s Health Insurance paragraph (A), the Senate Committee on Ap- gates, discretionary spending limits, and Program (SCHIP), if such legislation main- propriations may report appropriately re- other budgetary levels in this resolution for tains coverage for those currently enrolled vised suballocations pursuant to section any bill, joint resolution, amendment, mo- in SCHIP, continues efforts to reach unin- 302(b) of the Congressional Budget Act of 1974 tion, or conference report that provides addi- sured children who are already eligible for to carry out this subsection. tional funding for wildland fire suppression, SCHIP or Medicaid but are not enrolled, and

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3281 supports States in their efforts to move for- by the amounts provided in that legislation SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR ward in covering more children, by the for those purposes up to $15,000,000,000 over COUNTY PAYMENTS FOR SECURE amounts provided in that legislation for the total of fiscal years 2007 through 2012, RURAL SCHOOLS AND COMMUNITY those purposes up to $35,000,000,000 over the provided that such legislation would not in- SELF-DETERMINATION ACT OF 2000 REAUTHORIZATION. total of fiscal years 2007 through 2012, pro- crease the deficit over the total of the period The Chairman of the Senate Committee on vided that such legislation would not in- of fiscal years 2007 through 2012. the Budget may revise the allocations, ag- crease the deficit over the total of the period SEC. 307. DEFICIT-NEUTRAL RESERVE FUND FOR gregates, and other appropriate levels in this of fiscal years 2007 through 2012. ENERGY LEGISLATION. resolution for a bill, joint resolution, amend- SEC. 302. DEFICIT-NEUTRAL RESERVE FUND FOR The Chairman of the Senate Committee on the Budget may revise the allocations, ag- ment, motion, or conference report that pro- CARE OF WOUNDED SERVICE MEM- vides for the reauthorization of the Secure BERS. gregates, and other appropriate levels and Rural Schools and Community Self-Deter- The Chairman of the Senate Committee on limits in this resolution for one or more mination Act of 2000 (Public Law 106–393), by the Budget may revise the allocations, ag- bills, joint resolutions, amendments, mo- the amounts provided by that legislation for gregates, and other appropriate levels in this tions, or conference reports, including tax that purpose, but not to exceed $440,000,000 in resolution for a bill, joint resolution, amend- legislation, that would reduce our Nation’s new budget authority for fiscal year 2008 and ment, motion, or conference report which dependence on foreign sources of energy, ex- the outlays flowing from that budget author- improves the medical care of or disability pand production and use of alternative fuels ity and $2,240,000,000 in new budget authority benefits for wounded or disabled military and alternative fuel vehicles, promote re- for the period of fiscal years 2008 through personnel or improves the disability evalua- newable energy development, improve elec- 2012 and the outlays flowing from that budg- tions of military personnel or veterans to ex- tricity transmission, encourage responsible et authority, provided that such legislation pedite the claims process, by the amounts development of domestic oil and natural gas would not increase the deficit over the total provided in that legislation for that purpose, resources, or reward conservation and effi- of the period of fiscal years 2007 through 2012. provided that such legislation would not in- ciency, by the amounts provided in that leg- crease the deficit over the total of the period islation for those purposes, provided that SEC. 311. DEFICIT-NEUTRAL RESERVE FUND FOR TERRORISM RISK INSURANCE REAU- of fiscal years 2007 through 2012. such legislation would not increase the def- icit over the total of the period of fiscal THORIZATION. SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR years 2007 through 2012. The Chairman of the Senate Budget Com- TAX RELIEF. mittee may revise the aggregates, alloca- SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR The Chairman of the Senate Committee on tions, and other levels in this resolution for the Budget may revise the aggregates, allo- MEDICARE. (a) PRESCRIPTION DRUGS.—The Chairman of a bill, joint resolution, motion, amendment, cations, and other appropriate levels in this or conference report that provides for a con- resolution for one or more bills, joint resolu- the Senate Committee on the Budget may revise the aggregates, allocations, and other tinued Federal role in ensuring the avail- tions, amendments, motions, or conference ability of terrorism insurance after the expi- reports that would provide tax relief, includ- appropriate levels in this resolution for a bill, joint resolution, amendment, motion, or ration of the Terrorism Risk Insurance Ex- ing extensions of expiring tax relief and re- tension Act, by the amounts provided in fundable tax relief, by the amounts provided conference report that repeals the prohibi- tion in section 1860D–11(i)(1) of the Social Se- such legislation for that purpose, provided in that legislation for those purposes, pro- that such legislation is deficit-neutral over vided that such legislation would not in- curity Act (42 U.S.C. 1395w–111(i)(1)) while preserving access to prescription drugs and the total of fiscal years 2007 through 2012. crease the deficit over the total of the period SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR of fiscal years 2007 through 2012. price competition without requiring a par- ticular formulary or instituting a price AFFORDABLE HOUSING. SEC. 304. DEFICIT-NEUTRAL RESERVE FUND FOR structure for reimbursement of covered Part The Chairman of the Senate Budget Com- COMPARATIVE EFFECTIVENESS RE- D drugs, provided that such legislation mittee may revise the aggregates, alloca- SEARCH. tions, and other levels in this resolution for The Chairman of the Senate Committee on would not increase the deficit over the total of fiscal years 2007 through 2012 and provided a bill, joint resolution, motion, amendment, the Budget may revise the aggregates, allo- or conference report that would establish an cations, and other appropriate levels in this further that any savings from the measure are to be used either to improve the Medi- affordable housing fund financed by the resolution for a bill, joint resolution, amend- housing government-sponsored enterprises, ment, motion, or conference report that es- care Part D benefit or for deficit reduction. (b) PHYSICIAN PAYMENTS.—The Chairman by the amounts provided in such legislation tablishes a new federal or public-private ini- of the Senate Budget Committee may revise for that purpose, provided that the legisla- tiative for comparative effectiveness re- the aggregates, allocations, and other appro- tion is deficit-neutral over the total of fiscal search, by the amounts provided in such leg- priate levels in this resolution for a bill, years 2007 through 2012. islation for that purpose, provided that such joint resolution, amendment, motion, or con- SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR legislation would not increase the deficit ference report that increases the reimburse- RECEIPTS FROM BONNEVILLE over the total of fiscal years 2007 through ment rate for physician services under sec- POWER ADMINISTRATION. 2012. tion 1848(d) of the Social Security Act, by The Chairman of the Senate Committee on SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR the amounts provided in such legislation for the Budget may adjust the allocations, ag- HIGHER EDUCATION. that purpose, provided that the legislation gregates, and other appropriate levels in this The Chairman of the Senate Committee on would not increase the deficit over the total resolution for a bill, joint resolution, mo- the Budget may revise the aggregates, allo- of fiscal years 2007 through 2012. tion, amendment, or conference report that cations, and other appropriate levels in this (c) IMPROVEMENTS TO MEDICARE PART D.— prohibits the Bonneville Power Administra- resolution for a bill, joint resolution, amend- The Chairman of the Senate Budget Com- tion from making early payments on its Fed- ment, motion, or conference report, includ- mittee may revise the aggregates, alloca- eral Bond Debt to the United States Treas- ing tax legislation, that would make higher tions, and other appropriate levels in this ury, by the amounts provided by that legis- education more accessible and more afford- resolution for a bill, joint resolution, amend- lation for that purpose, provided that such able, by the amounts provided in such legis- ment, motion, or conference report that legislation would not increase the deficit lation for that purpose, provided that such makes improvements to the prescription over the total of the period of fiscal years legislation would not increase the deficit drug benefit under Medicare Part D, by the 2007 through 2012. over the total of the period of fiscal years amounts provided in such legislation for that SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR 2007 through 2012. purpose up to $5,000,000,000, provided that the INDIAN CLAIMS SETTLEMENT. SEC. 306. DEFICIT-NEUTRAL RESERVE FUND FOR legislation would not increase the deficit The Chairman of the Senate Committee on THE FARM BILL. over the total of fiscal years 2007 through the Budget may revise the aggregates, allo- The Chairman of the Senate Committee on 2012. cations, and other appropriate levels in this the Budget may revise the allocations, ag- SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR resolution for a bill, joint resolution, amend- gregates, and other appropriate levels and SMALL BUSINESS HEALTH INSUR- ment, motion, or conference report that— limits in this resolution for a bill, joint reso- ANCE. (1) creates an Indian claims settlement lution, amendment, motion, or conference The Chairman of the Senate Committee on fund for trust accounting and management report that— the Budget may revise the allocations, ag- deficiencies related to Individual Indian (1) reauthorizes the Food Security and gregates, and other appropriate levels in this Moneys and assets; and Rural Investment Act of 2002; resolution for a bill, joint resolution, mo- (2) extinguishes all claims arising before (2) strengthens our agriculture and rural tion, amendment, or conference report that the date of enactment for losses resulting economies and critical nutrition programs; makes health insurance coverage more af- from accounting errors, mismanagement of (3) provides agriculture-related tax relief; fordable or available to small businesses and assets, or interest owed in connection with (4) improves our environment by reducing their employees without weakening rating Individual Indian Moneys accounts; our Nation’s dependence on foreign sources rules or reducing covered benefits, by the by the amounts provided in such legislation of energy through expanded production and amounts provided in such legislation for that for those purposes up to $8,000,000,000, pro- use of alternative fuels; or purpose, provided that the legislation would vided that such legislation does not increase (5) combines any of the purposes provided not increase the deficit over the total of fis- the deficit over the total of the period of fis- in paragraphs (1) through (4); cal years 2007 through 2012. cal years 2007 through 2012.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3282 CONGRESSIONAL RECORD — SENATE March 19, 2007 SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR SEC. 320. DEFICIT-NEUTRAL RESERVE FUND FOR SEC. 325. EXERCISE OF RULEMAKING POWERS. FOOD AND DRUG ADMINISTRATION. CHILD CARE. Congress adopts the provisions of this The Chairman of the Senate Committee on The Chairman of the Senate Committee on title— the Budget may revise the allocations, ag- the Budget may revise the allocations, ag- (1) as an exercise of the rulemaking power gregates, and other appropriate levels and gregates, and other levels in this resolution of the Senate, and as such they shall be con- limits in this resolution for a bill, joint reso- for a bill, joint resolution, amendment, mo- sidered as part of the rules of the Senate and lution, motion, amendment, or conference tion, or conference report that provides up to such rules shall supersede other rules only to report that authorizes the Food and Drug $5,000,000,000 for the child care entitlement the extent that they are inconsistent with Administration to regulate tobacco products to States, by the amounts provided by such such other rules; and and assess user fees on tobacco manufactur- legislation for that purpose, provided that (2) with full recognition of the constitu- ers and importers to cover the cost of the the legislation would not increase the deficit tional right of the Senate to change those Food and Drug Administration’s regulatory over the total of fiscal years 2007 through rules (so far as they relate to that house) at activities, by the amounts provided in that 2012. any time, in the same manner, and to the legislation for that purpose, provided that SEC. 321. DEFICIT-NEUTRAL RESERVE FUND FOR same extent as is the case of any other rule such legislation is deficit-neutral over the COMPREHENSIVE IMMIGRATION RE- of the Senate. total of fiscal years 2007 through 2012. FORM. The Chairman of the Senate Committee on f SEC. 316. DEFICIT-NEUTRAL RESERVE FUND FOR the Budget may revise the allocations, ag- HEALTH CARE REFORM. SUBMITTED RESOLUTIONS If an SCHIP reauthorization bill is en- gregates, and other appropriate levels in this acted, then the Chairman of the Senate Com- resolution for a bill, joint resolution, amend- mittee on the Budget may revise the alloca- ment, motion or conference report that— (1) provides for comprehensive immigra- SENATE RESOLUTION 111—EX- tions, aggregates, and other appropriate lev- PRESSING THE SENSE OF THE els in this resolution for a bill, joint resolu- tion reform; tion, motion, amendment, or conference re- (2) provides for increased interior enforce- SENATE THAT THE CITIZEN’S port to improve health care, and provide ment, through an effective electronic em- STAMP ADVISORY COMMITTEE quality health insurance for the uninsured ployment verification system which accu- SHOULD RECOMMEND TO THE and underinsured, and protect individuals rately establishes the employment author- POSTMASTER GENERAL THAT A with current health coverage, by the ization of individuals; and COMMEMORATIVE STAMP BE amounts provided in that legislation for that (3) provides for increased border security and enhanced information technology sys- ISSUED HONORING THE LIFE OF purpose, provided that such legislation OSKAR SCHINDLER would not increase the deficit over the total tems; provided that such legislation would not in- of the period of fiscal years 2007 through 2012. Mr. COLEMAN (for himself, Mrs. crease the deficit for the fiscal year 2008 and BOXER, Mr. CARDIN, Mr. FEINGOLD, Mr. SEC. 317. DEFICIT-NEUTRAL RESERVE FUND FOR for the period of fiscal years 2008 through ENHANCEMENT OF VETERANS’ BEN- LEVIN, Mr. SANDERS, Mr. SPECTER, Mr. EFITS. 2012. WYDEN, Mr. LAUTENBERG, Mrs. FEIN- The Chairman of the Senate Budget Com- SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR mittee may revise the aggregates, alloca- MENTAL HEALTH PARITY. STEIN, Mr. KOHL, and Mr. MENENDEZ) tions, and other levels in this resolution for If the Senate Committee on Health, Edu- submitted the following resolution; a bill, joint resolution, motion, amendment, cation, Labor, and Pensions reports a bill or which was referred to the Committee or conference report that would enhance ben- joint resolution, or an amendment is offered on Homeland Security and Govern- efits for veterans, by the amounts provided thereto, or a conference report is submitted mental Affairs: thereon, that provides parity between health in such legislation for that purpose, provided insurance coverage of mental health benefits S. RES. 111 that such legislation is deficit-neutral over and benefits for medical and surgical serv- the total of fiscal years 2007 through 2012. Whereas Oskar Schindler acted as a hero ices, the chairman of the Committee on the during the Nazi occupation of Poland and SEC. 318. DEFICIT-NEUTRAL RESERVE FUND FOR Budget of the Senate may make the appro- LONG-TERM CARE. selflessly rescued 1,200 Jewish men, women, priate adjustments in allocations and aggre- The Chairman of the Senate Budget Com- and children by employing them in his fac- gates to the extent that such legislation mittee may revise the allocations, aggre- tory, at risk to his own life and that of his would not increase the deficit for fiscal year gates, and other levels in this resolution for wife; 2008 and for the period of fiscal years 2008 a bill, joint resolution, motion, amendment, Whereas Oskar Schindler also rescued ap- through 2012. or conference report that would improve proximately 100 Jewish men and women from long-term care, enhance the safety and dig- SEC. 323. APPLICATION AND EFFECT OF the Goleszow concentration camp, who lay CHANGES IN ALLOCATIONS AND AG- trapped and partly frozen in 2 sealed train nity of patients, encourage appropriate use GREGATES. of institutional and non-institutional care, cars stranded near Runlets; (a) APPLICATION.—Any adjustments of allo- Whereas Oskar Schindler embodied ideals promote quality care, and provide for the cations and aggregates made pursuant to cost-effective use of public resources, by the of the United States, such as the pursuit of this resolution shall— freedom, liberty, and opposition to tyranny, amounts provided in such legislation for that (1) apply while that measure is under con- purpose, provided that the legislation would and many of the Jewish people who fled the sideration; Nazi occupation made the United States not increase the deficit over the total of fis- (2) take effect upon the enactment of that cal years 2007 through 2012. their home; measure; and Whereas millions of people in the United SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR (3) be published in the Congressional HEALTH INFORMATION TECH- States have been made aware of the story of Record as soon as practicable. Oskar Schindler’s bravery; NOLOGY. (b) EFFECT OF CHANGED ALLOCATIONS AND Whereas, on July 18, 1967, Yad Vashem de- (a) The Chairman of the Senate Budget AGGREGATES.—Revised allocations and ag- cided to recognize Oskar Schindler as one of Committee may revise the aggregates, allo- gregates resulting from these adjustments the Righteous Among the Nations, or ‘‘right- cations, and other appropriate levels in this shall be considered for the purposes of the eous Gentiles’’, an honor awarded by Israel resolution for a bill, joint resolution, amend- Congressional Budget Act of 1974 as alloca- to non-Jews who saved Jews during the Holo- ment, motion, or conference report that pro- tions and aggregates contained in this reso- caust at great personal risk; vides incentives or other support for adop- lution. Whereas the 100th anniversary of Oskar tion of modern information technology to (c) BUDGET COMMITTEE DETERMINATIONS.— improve quality and protect privacy in For purposes of this resolution the levels of Schindler’s birth is April 28, 2008; and health care, by the amounts provided in such new budget authority, outlays, direct spend- Whereas Oskar Schindler is a true humani- legislation for that purpose, provided that ing, new entitlement authority, revenues, tarian, deserving of honor by the United the legislation would not increase the deficit deficits, and surpluses for a fiscal year or pe- States Government: Now, therefore, be it over the total of fiscal years 2007 through riod of fiscal years shall be determined on Resolved, That it is the sense of the Senate 2012. the basis of estimates made by the Senate that the Citizens’ Stamp Advisory Com- (b) The Chairman of the Senate Budget Committee on the Budget. mittee should recommend to the Postmaster Committee may revise the aggregates, allo- SEC. 324. ADJUSTMENTS TO REFLECT CHANGES General that a commemorative stamp be cations, and other appropriate levels in this IN CONCEPTS AND DEFINITIONS. issued honoring the life of Oskar Schindler. resolution for a bill, joint resolution, amend- Upon the enactment of a bill or joint reso- f ment, motion, or conference report that pro- lution providing for a change in concepts or vides for payments that are based on adher- definitions, the chairman of the Senate Com- NOTICES OF HEARINGS/MEETINGS ence to accepted clinical protocols identified mittee on the Budget may make adjustments COMMITTEE ON RULES AND ADMINISTRATION as best practices, by the amounts provided in to the levels and allocations in this resolu- such legislation for that purpose, provided tion in accordance with section 251(b) of the Mrs. FEINSTEIN. Mr. President, I that the legislation would not increase the Balanced Budget and Emergency Deficit wish to announce that the Committee deficit over the total of fiscal years 2007 Control Act of 1985 (as in effect prior to Sep- on Rules and Administration will meet through 2012. tember 30, 2002). on Wednesday, March 28, 2007, at 10

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3283 a.m., to conduct a markup of S. 223, the The PRESIDING OFFICER. The COMMEMORATING THE 85TH ANNI- Senate Campaign Disclosure Parity clerk will report the joint resolution VERSARY OF THE FOUNDING OF Act. by title. THE AMERICAN HELLENIC EDU- For further information regarding The assistant legislative clerk read CATIONAL PROGRESSIVE ASSO- this hearing, please contact Howard as follows: CIATION Gantman at the Rules and Administra- A joint resolution (S.J. Res. 5) proclaiming Mr. REID. Mr. President, I ask unan- tion Committee on 224–6352. Casimir Pulaski to be an honorary citizen of imous consent that the Senate proceed f the United States posthumously. to the consideration of Calendar No. 79, S. Con. Res. 14. PRIVILEGES OF THE FLOOR There being objection, the Senate proceeded to consider the joint resolu- The PRESIDING OFFICER. The Mr. KYL. Mr. President, I ask unani- tion. clerk will report the concurrent resolu- mous consent that Seth Poldberg of tion by title. Mr. REID. I ask unanimous consent Senator GRASSLEY’s office be granted The assistant legislative clerk read that the joint resolution be read a floor privileges during today’s session as follows: third time and passed; that the pre- of the Senate. A concurrent resolution (S. Con. Res. 14) amble be agreed to; the motion to re- The PRESIDING OFFICER. Without commemorating the 85th anniversary of the consider be laid upon the table; and objection, it is so ordered. founding of the American Hellenic Edu- that any statements relating to the cational Progressive Association, a leading f joint resolution be printed in the association for the 1,300,000 United States EXECUTIVE SESSION RECORD, without intervening action or citizens of Greek ancestry and Philhellenes debate. in the United States. The joint resolution (S.J. Res. 5) was There being no objection, the Senate EXECUTIVE CALENDAR ordered to be engrossed for a third proceeded to consider the concurrent reading, was read the third time, and resolution. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- imous consent that the Senate proceed passed. The preamble was agreed to. imous consent that the concurrent res- to executive session to consider the fol- olution be agreed to, the preamble be The joint resolution, with its pre- lowing nominations: calendar Nos. 45 agreed to, the motion to reconsider be amble, reads as follows: and 46; that the nominations be con- laid upon the table, and that any state- firmed; that the motion to reconsider S.J. RES. 5 ments relating to this matter be print- be laid upon the table; that the Presi- Whereas Casimir Pulaski was a Polish ed in the RECORD, with no intervening dent be immediately notified of the military officer who fought on the side of the action or debate. Senate’s action; and that the Senate American colonists against the British in The PRESIDING OFFICER. Without then resume legislative session. the American Revolutionary War; objection, it is so ordered. The PRESIDING OFFICER. Without Whereas Benjamin Franklin recommended The concurrent resolution (S. Con. objection, it is so ordered. that General George Washington accept Casimir Pulaski as a volunteer in the Amer- Res. 14) was agreed to. The nominations were considered and ican Cavalry and said that Pulaski was ‘‘re- The preamble was agreed to. confirmed, as follows: nowned throughout Europe for the courage The concurrent resolution, with its IN THE NAVY and bravery he displayed in defense of his preamble, reads as follows: The following named officer for appoint- country’s freedom’’; S. CON. RES. 14 ment in the United States Navy to the grade Whereas after arriving in America, Casimir Whereas the American Hellenic Edu- indicated while assigned to a position of im- Pulaski wrote to General Washington, ‘‘I cational Progressive Association (AHEPA) portance and responsibility under title 10, came here, where freedom is being defended, was founded on July 26, 1922, in Atlanta, U.S.C., section 601: to serve it, and to live or die for it.’’; Georgia, by 8 visionary Greek immigrants to Whereas the first military engagement of To be admiral help unify, organize, and protect against the Casimir Pulaski with the British was on Sep- bigotry, discrimination, and defamation Adm. Timothy J. Keating, 0000 tember 11, 1777, at the Battle of Brandywine, faced by people of all ethnic, racial, and reli- IN THE AIR FORCE and his courageous charge in this engage- gious backgrounds perpetrated predomi- The following named officer for appoint- ment averted a disastrous defeat of the nantly by the Ku Klux Klan; ment in the United States Air Force to the American Cavalry and saved the life of Whereas the mission of AHEPA is to pro- grade indicated while assigned to a position George Washington; mote the ideals of ancient Greece, which in- of importance and responsiblity under title Whereas on September 15, 1777, George clude philanthropy, education, civic respon- 10, U.S.C., section 601: Washington elevated Casimir Pulaski to the sibility, and family and individual excellence rank of Brigadier General of the American To be general through community service and vol- Cavalry; unteerism; Lt. Gen. Victor E. Renuart, Jr., 0000 Whereas Casimir Pulaski formed the Pu- Whereas, since its inception, AHEPA has f laski Cavalry Legion, and in February 1779, instilled in its members an understanding of this legion ejected the British occupiers their Hellenic heritage and an awareness of LEGISLATIVE SESSION from Charleston, South Carolina; the contributions made by Greece to the de- The PRESIDING OFFICER. Under Whereas in October 1779, Casimir Pulaski velopment of democratic principles and gov- the previous order, the Senate will now mounted an assault against British forces in ernance in the United States and throughout Savannah, Georgia; return to legislative session. the world; Whereas on the morning of October 9, 1779, Whereas AHEPA has done much through- f Casimir Pulaski was mortally wounded and out its history to foster patriotism in the was taken aboard the American ship USS United States; VITIATION OF ACTION Wasp, where he died at sea on October 11, Whereas members of AHEPA have served Mr. REID. Mr. President, I ask unan- 1779; in the Armed Forces to protect the freedom imous consent that Senate action of Whereas before the end of 1779, the Conti- of the United States and to preserve the the amendment to the preamble to H. nental Congress resolved that a monument democratic ideals that are part of the Hel- should be erected in honor of Casimir Pu- Con. Res. 20 be vitiated. lenic legacy; laski; Whereas, in World War II, members of The PRESIDING OFFICER. Without Whereas in 1825, General Lafayette laid the AHEPA were parachuted behind enemy lines objection, it is so ordered. cornerstone for the Casimir Pulaski monu- in Nazi-occupied Greece to help liberate the f ment in Savannah, Georgia; and country; Whereas in 1929, Congress passed a resolu- Whereas AHEPA raised more than PROCLAIMING CASIMIR PULASKI tion recognizing October 11 of each year as $253,000,000 for United States war bonds dur- TO BE AN HONORARY CITIZEN Pulaski Day in the United States: Now, ing World War II, for which AHEPA was POSTHUMOUSLY therefore, be it named an official Issuing Agent for United Resolved by the Senate and House of Rep- States War Bonds by the Department of Mr. REID. Mr. President, I ask unan- resentatives of the United States of America in Treasury, an honor that no other civic orga- imous consent that the Senate proceed Congress assembled, That Casimir Pulaski is nization was able to achieve at the time; to the immediate consideration of Cal- proclaimed to be an honorary citizen of the Whereas the members of AHEPA donated endar No. 78, S.J. Res. 5. United States posthumously. $612,000 for the restoration of the Statue of

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3284 CONGRESSIONAL RECORD — SENATE March 19, 2007 Liberty and Ellis Island, New York, for PROGRAM There being no objection, the Senate, which AHEPA received special recognition Mr. REID. Mr. President, it was my at 6:46 p.m., adjourned until Tuesday, by the Department of the Interior; March 20, 2007, at 10 a.m. Whereas the AHEPA National Housing intent to ask consent to proceed to the Program was awarded $500,000,000 by the De- budget resolution at 2:15. I am in- f partment of Housing and Urban Development formed that a vote may be required to NOMINATIONS for its Section 202 Program, which has yield- proceed to the measure. I will not ask ed 4,370 units in 80 properties across 21 States for consent tonight. Members are alert- Executive nominations received by and 49 cities and has provided dignified, af- ed it might be necessary to have a roll- the Senate March 19, 2007: fordable housing to senior citizens; call vote on the motion to proceed to THE JUDICIARY Whereas AHEPA was recognized by the De- partment of State as an organization that the budget resolution at 2:15 tomorrow RAYMOND M. KETHLEDGE, OF MICHIGAN, TO BE afternoon. UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- has engaged in ‘‘Track Two Diplomacy’’ to CUIT, VICE JAMES L. RYAN, RETIRED. foster reconciliation and rapprochement in Today, we have had good debate on STEPHEN JOSEPH MURPHY III, OF MICHIGAN, TO BE the Eastern Mediterranean, which is in the the pending U.S. attorneys bill. We will UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIR- CUIT, VICE SUSAN BIEKE NEILSON, DECEASED. best interest of the United States; continue that debate tomorrow morn- ROBERT JAMES JONKER, OF MICHIGAN, TO BE UNITED Whereas members of AHEPA raised $110,000 ing and then vote with respect to the STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT for the George C. Marshall Statue to be two amendments and passage of the OF MICHIGAN, VICE GORDON J. QUIST, RETIRED. erected on the grounds of the United States PAUL LEWIS MALONEY, OF MICHIGAN, TO BE UNITED bill. The first vote will occur at about STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT Embassy in Athens, Greece, in celebration of OF MICHIGAN, VICE RICHARD ALAN ENSLEN, RETIRED. the historic relationship between the United 11:30 tomorrow morning. JANET T. NEFF, OF MICHIGAN, TO BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MICHI- States and Greece, and in tribute to an out- f GAN, VICE DAVID W. MCKEAGUE, ELEVATED. standing statesman and Philhellene, General SHARION AYCOCK, OF MISSISSIPPI, TO BE UNITED Marshall; ADJOURNMENT UNTIL 10 A.M. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF MISSISSIPPI, VICE GLEN H. DAVIDSON, RETIRING. Whereas AHEPA financially supports TOMORROW DAVID R. DUGAS, OF LOUISIANA, TO BE UNITED scholarships, educational chairs, medical re- Mr. REID. If there is no further busi- STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF search, and countless other charitable and LOUISIANA, VICE FRANK J. POLOZOLA, RETIRED. ness at this time, and if the distin- JAMES RANDAL HALL, OF GEORGIA, TO BE UNITED philanthropic causes by contributing more STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT than $2,000,000 annually from its national, guished Republican leader has nothing OF GEORGIA, VICE B. AVANT EDENFIELD, RETIRED. district, and local levels collectively; further, I ask unanimous consent that RICHARD H. HONAKER, OF WYOMING, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF WYO- Whereas, in the spirit of their Hellenic her- following the remarks of Senator SPEC- MING, VICE CLARENCE A. BRIMMER, JR., RETIRED. itage and in commemoration of the Centen- TER, the Senate stand adjourned under RICHARD A. JONES, OF WASHINGTON, TO BE UNITED nial Olympic Games held in Atlanta, Geor- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT the previous order. OF WASHINGTON, VICE JOHN C. COUGHENOUR, RETIRED. gia, members of AHEPA raised $775,000 for The PRESIDING OFFICER. Is there JANIS LYNN SAMMARTINO, OF CALIFORNIA, TO BE the Tribute to Olympism Sculpture, the fan- objection? UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN like structure of which helped to save lives DISTRICT OF CALIFORNIA, VICE JUDITH NELSEN KEEP, during the bombing at Centennial Olympic The Republican leader. DECEASED. Park; Mr. MCCONNELL. Mr. President, if I IN THE AIR FORCE Whereas members of AHEPA have been may, obviously I am not going to ob- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Presidents and Vice Presidents of the United ject. Let me say to all our colleagues STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER States, United States Senators and Rep- on this side of the aisle, this will be a TITLE 10, U.S.C., SECTION 12203: resentatives, and United States Ambas- challenging week. Budget week always To be major general sadors, and have served honorably as elected is, with numerous votes. Obviously, it BRIG. GEN. THADDEUS J. MARTIN, 0000 officials at the local and State levels would be to the advantage of the body throughout the United States; and IN THE ARMY to have a number of those votes before Whereas President George H.W. Bush cited THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AHEPA as one of the ‘‘thousand points of the so-called vote-arama, which occurs IN THE RESERVE OF THE ARMY TO THE GRADE INDI- light’’: Now, therefore, be it as the time expires late in the week. CATED UNDER TITLE 10, U.S.C., SECTION 12203: Resolved by the Senate (the House of Rep- So I encourage Republican Senators To be major general resentatives concurring), That the Congress— who have amendments to come on BRIG. GEN. WILLIAM C. KIRKLAND, 0000 (1) recognizes the significant contributions over, beginning tomorrow, lay them of United States citizens of Hellenic heritage THE FOLLOWING NAMED OFFICER FOR APPOINTMENT down, and let’s try to proceed early in IN THE RESERVE OF THE ARMY TO THE GRADE INDI- to the United States; the week in order to minimize the in- CATED UNDER TITLE 10, U.S.C., SECTION 12203: (2) commemorates the 85th anniversary of To be brigadier general the founding of the American Hellenic Edu- convenience to everyone at the end of cational Progressive Association (AHEPA), the week. COL. GREGORY E. COUCH, 0000 applauds its mission, and commends the The PRESIDING OFFICER. The ma- IN THE MARINE CORPS many charitable contributions of its mem- jority leader. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT bers to communities around the world; and Mr. REID. Mr. President, I would IN THE UNITED STATES MARINE CORPS TO THE GRADE (3) encourages the people of the United INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- only add—and I appreciate very much TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., States to observe the 85th anniversary of the the Senator’s remarks—we have to fin- SECTION 601: founding of AHEPA and celebrate its many To be lieutenant general accomplishments. ish the budget resolution this week. Next week we have to get to the sup- LT. GEN. RICHARD S. KRAMLICH, 0000 f plemental. We have been told by the IN THE NAVY ORDERS FOR TUESDAY, MARCH 20, Secretary of Defense that all the work THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2007 on the supplemental must be com- IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. REID. Mr. President, I ask unan- pleted by the end of April. Even though To be rear admiral imous consent that when the Senate there is a week or so that other ar- completes its business today, it stand rangements can be made, we have REAR ADM. (LH) GREGORY A. TIMBERLAKE, 0000 adjourned until 10 a.m., Tuesday, found Secretary Gates to be extremely THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE March 20; that on Tuesday, following upfront, and so we have to get to the INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: the prayer and pledge, the Journal of supplemental next week so we can To be rear admiral complete it by the first of May. proceedings be approved to date, the REAR ADM. (LH) ALBERT GARCIA III, 0000 morning hour be deemed expired, and The PRESIDING OFFICER. The Re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the time for the two leaders be re- publican leader. IN THE UNITED STATES NAVY TO THE GRADE INDICATED served for their use later in the day; Mr. MCCONNELL. Mr. President, if I WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: that the Senate then resume consider- may alert the majority leader, appar- To be vice admiral ation of S. 214, as provided for under a ently Senator SPECTER is not coming previous order; I also ask unanimous to the floor tonight, so there is no im- REAR ADM. ANTHONY L. WINNS, 0000 consent that following the vote on pas- pediment to the Senate going ahead THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED sage of S. 214, the Senate then stand in and adjourning. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND recess until 2:15 p.m. Mr. REID. Mr. President, I ask unan- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. Without imous consent that the Senate stand in To be vice admiral objection, it is so ordered. adjournment under the previous order. REAR ADM. JEFFREY L. FOWLER, 0000

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES L. BAILEY, 0000 SCOTT J. BABBITT, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED GARY J. BERTSCH, 0000 LESLIE P. BABICH, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIMOTHY A. BUTLER, 0000 MARK E. BAER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENNETH E. HARP, 0000 FRED P. BAIER, 0000 To be vice admiral DONALD J. HOFFMAN, 0000 CHARLES P. BAILEY, JR., 0000 FREDERICK MCFARLAND, 0000 JAMES B. BAILEY, JR., 0000 REAR ADM. SAMUEL J. LOCKLEAR III, 0000 DWAYNE R. PEOPLES, 0000 RICHARD J. BAILEY, JR., 0000 DAVID M. TERRINONI, 0000 WILLIAM C. BAILEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LISA H. TICE, 0000 BRANDON E. BAKER, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED FREDERICK H. VICCELLIO, 0000 GILBERT W. BAKER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DANIEL S. ZULLI, 0000 JESSICA BAKER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN P. BAKER, 0000 To be admiral THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JONATHAN P. BAKONYI, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR RUSSELL L. BALL, 0000 ADM. ROBERT F. WILLARD, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): THOMAS C. BALLARD, 0000 To be lieutenant colonel DAVID BALLEW, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTHONY E. BAMSEY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED GLENN M. FREDERICK, 0000 ALEXANDER J. BARELKA, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DANIEL J. JUDGE, 0000 MATTHEW A. BARKER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GEOFFREY C. BARNES, 0000 To be major To be admiral BRADLEY W. BARNHART, 0000 MARK A. BARONI, 0000 RAFAEL BURGOS, 0000 FRANKLIN D. BARROW, 0000 ADM. GARY ROUGHEAD, 0000 DANNY M. COLTON, 0000 STEPHEN P. BARROWS, 0000 ALAN FLOWER, 0000 IN THE AIR FORCE DEREK S. BARTHOLOMEW, 0000 NIRAJ GOVIL, 0000 ROBERT A. BASKETTE, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JOHN T. JANOUSAK, 0000 SAMUEL D. BASS, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED MARLA R. MELENDEZ, 0000 LOREN E. BATTELS, JR., 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 JULIE L. STEELE, 0000 ROBERT G. BATTEMA, 0000 AND 1211: THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JOSEPH T. BATTLE, JR., 0000 To be major MENT IN THE GRADES INDICATED IN THE REGULAR AIR KURT P. BAUER II, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): JONATHAN M. BAUGHMAN, 0000 CHERYL A. UDENSI, 0000 STEPHEN J. BAUMGARTE, 0000 To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH G. BEAHM, JR., 0000 DAVID L. BEAVER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR PIO VAZQUEZDIAZ, 0000 MATTHEW R. BECKLEY, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN ZIELINSKI, 0000 JOHN D. BEDINGFIELD, 0000 To be colonel To be major ROBERT L. BEHNKEN, 0000 DEAN C. BELLAMY, 0000 KEITH A. DARLINGTON, 0000 ANTONIO DELGADO, 0000 KELLY S. BELLAMY, 0000 RICHARD B. DUNN, 0000 RODNEY C. JOHNS, 0000 ALFRED P. BELLO III, 0000 JERRY D. LEWIS, 0000 SAMUEL T. OLATUNBOSUN, 0000 KYLE G. BELLUE, 0000 STEVEN J. MERRILL, 0000 DREW D. SCHNYDER, 0000 ROBERT J. BEMENT, 0000 CONRADO E. NAVARRO, 0000 MICHAEL R. BENHAM, 0000 BRETT C. OXMAN, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JAMES S. BENOIT, 0000 CLIFTON PERRY, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR LYNN BENTLEY III, 0000 FRANK A. YERKES, JR., 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): RICHARD F. BENZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant colonel DANIELLE E. BERNARD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JERRY W. BISHOP, JR., 0000 KAREN D. DOHERTY, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: FREDERICK C. BIVETTO, 0000 BILLY PRUETT, 0000 EDWARD P. BLACK, 0000 To be colonel ALAN E. SHACKELFORD, 0000 SHAWN L. BLACK, 0000 To be major DOUGLAS F. BLACKLEDGE, 0000 KENNETH A. ARNOLD, 0000 PETER D. BLAKE, 0000 RENEE T. BENNETT, 0000 IKRAMULLAH AHMADANI, 0000 CHRISTOPHER J. BLANEY, 0000 GUILLERMO R. CARRANZA, 0000 PHIL M. AKE, 0000 THOMAS R. BLAZEK, 0000 DAVID S. CASTRO, 0000 FRANCES A. CARNEY, 0000 JENNIFER A. BLOCK, 0000 LOUIS J. CHERRY, 0000 AURA M. CISNEROS, 0000 THEODORE B. BLOOMER, 0000 DOUGLAS P. CORDOVA, 0000 MEGAN GORDON, 0000 GREGORY D. BLOUNT, 0000 THOMAS J. COUTURE, 0000 JACK A. HEMELSTRAND, 0000 TRACY A. BOBO, 0000 DAVID S. DALES, 0000 LARRY C. JACKSON, 0000 RON W. BODINE, 0000 STEVEN J. EHLENBECK, 0000 GLORIA KING, 0000 LELAND B. BOHANNON, 0000 THOMAS J. HELGET, 0000 ROBERT P. LOUIS, 0000 PETER J. BOLLINGER, 0000 GARY M. JACKSON, 0000 GINGER L. MANOS, 0000 ROBERT P. BONGIOVI, 0000 JOSEPH D. JACOBSON, 0000 GEORGE MATEWERE, 0000 NICOLE A. BONTRAGER, 0000 CHARLIE M. JOHNSON, 0000 THOMAS A. MORRIS, 0000 BRENT M. BOOKER, 0000 DAVID A. G. KENDRICK, 0000 CAROL A. NORIEGA, 0000 EUGENE A. BOOTH, JR., 0000 PETER R. MARKSTEINER, 0000 EMMANUEL C. TANGLAO, 0000 DONALD J. BORCHELT, 0000 CRAIG G. MILLER, 0000 MAUREEN G. TOOMEY, 0000 JAMES B. BORDERS, 0000 JAY W. MOUNKES, 0000 BRETT J. BORGHETTI, 0000 JEFFREY S. PALMER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN H. BORN, 0000 PERRY J. PELOQUIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR OLEG BORUKHIN, 0000 JEFFREY P. RUDE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM K. BOSCH, 0000 JEFFREY J. SLAGLE, 0000 To be lieutenant colonel JAMES D. BOTTOMLEE, 0000 MARK S. TESKEY, 0000 SCOTT L. BOUSHELL, 0000 KENNETH M. THEURER, 0000 CHRISTOPHER R. ABRAMSON, 0000 DONNA M. BOYCE, 0000 DONNA M. VERCHIO, 0000 JAMES R. ACKERMAN III, 0000 LORENZO C. BRADLEY, 0000 THOMAS F. ZIMMERMAN, 0000 ORLANDO A. ACOSTA, 0000 ERIC D. BRADSHAW, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J. ADAMS, 0000 DANIEL E. BRANT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DAVID E. ADAMS, 0000 JAMES A. BRAUNSCHNEIDER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DENNIS P. ADAMS, 0000 PAUL D. BRAWLEY, JR., 0000 To be lieutenant colonel SHAWN J. ADKINS, 0000 STEVEN J. BREEZE, 0000 LATHEEF N. AHMED, 0000 JASON M. BRENNEMAN, 0000 MARIA M. ALSINA, 0000 MARK J. AHRENS, 0000 JOSEPH D. BREWER, 0000 CATHERINE M. FAHLING, 0000 RICKY L. AINSWORTH, 0000 JOHN A. BREWSTER, 0000 ANDREW C. FOLTZ, 0000 SUSAN M. AIROLASKULLY, 0000 YUSEF D. BRIDGES, 0000 MATTHEW R. GRANT, 0000 ANTHONY J. AJELLO, JR., 0000 LARA C. BRINSON, 0000 DAWN D. HANKINS, 0000 PATRICK L. ALDERMAN, 0000 RICHARD S. BRISCOE, 0000 SCOTT E. HARDING, 0000 JOSE M. ALEMAN, 0000 KERRY D. BRITT, 0000 DANIEL J. HIGGINS, 0000 JENNIFER C. ALEXANDER, 0000 JEFFREY S. BRITTIG, 0000 CYNTHIA A. HOLT, 0000 LEWIS E. ALFORD III, 0000 KEVIN W. BROOKS, 0000 KEVIN J. HUYSER, 0000 RONALD GENE ALLEN, JR., 0000 CHARLES E. BROWN, JR., 0000 PAUL E. JETER, 0000 THADDEUS P. ALLEN, 0000 ERIC D. BROWN, 0000 DEIRDRE A. KOKORA, 0000 WALTER C. ALLEN II, 0000 HAL D. BROWN, 0000 GRANT L. KRATZ, 0000 NATHAN A. ALLERHEILIGEN, 0000 JASON M. BROWN, 0000 CHRISTOPHER F. LEAVEY, 0000 JOHN B. ALLISON, 0000 NICOLE R. BROWN, 0000 WON K. LEE, 0000 JOSEPH R. ALTHOFF III, 0000 ROBERT G. BROWN, 0000 HEATHER E. LOBUE, 0000 CLIFFORD G. ALTIZER, 0000 SCOTT M. BROWN, 0000 LANCE E. MATHEWS, 0000 RAYMOND ALVES II, 0000 DAVID F. BROWNING, 0000 RICHARD J. MCDERMOTT, 0000 MARK C. ANARUMO, 0000 DENISE M. BRUCE, 0000 CHARLES L. PLUMMER, 0000 DAVID J. ANASON, 0000 NEAL W. BRUEGGER, 0000 JONATHAN P. PORIER, 0000 LEIGHTON T. ANDERSON, JR., 0000 MICHAEL A. BRUZZINI, 0000 TERRI A. SAUNDERS, 0000 MICHAEL A. ANDERSON, 0000 JOHN N. BRYAN, 0000 WENDY L. SHERMAN, 0000 MONTE D. ANDERSON, 0000 ALBERT D. BRYSON, 0000 KENNETH R. SIBLEY, 0000 ROBERT E. ANDERSON, JR., 0000 BRIAN G. BUCK, 0000 JENNIFER L. SMITH, 0000 STEVEN E. ANDERSON, 0000 JOHN S. BULLDIS, 0000 MARK D. STOUP, 0000 JOSE Z. L. ANDIN, 0000 RICHARD K. BULLOCK, 0000 MICHELLE P. TILFORD, 0000 MICHAEL S. ANGLE, 0000 JEFFREY S. BURDETT, 0000 DAVID A. WHITEFORD, 0000 CHRISTOPHER T. ANTHONY, 0000 CHRISTOPHER W. BURELLI, 0000 LE THI ZIMMERMAN, 0000 HAROLD A. ARB, 0000 JOSHUA C. BURGESS, 0000 DANIEL F. ARCH, 0000 MICHAEL D. BURK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN E. ARD, 0000 TIMOTHY J. BURKE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JOHN H. ARMSTRONG, JR., 0000 JOSEPH K. BURNHAM, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JONATHAN D. ARNETT, 0000 ALVIN F. BURSE, 0000 To be lieutenant colonel CHARLES F. ARNOLD, JR., 0000 ANGELA J. BURTH, 0000 JOSEPH E. ARTHUR, 0000 THOMAS F. BURTSCHI, 0000 THOMAS M. ANGELO, 0000 REGINALD E. G. ASH III, 0000 FREDERICK E. BUSH III, 0000

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RICHARD D. BUTLER, 0000 PATRICK W. DAVIS, 0000 BRYAN T. GATES, 0000 STEVEN M. BUZON, 0000 MICHAEL J. DEAN, 0000 JEFFRY E. GATES, 0000 CHRISTINE M. BYERS, 0000 BRIAN J. DELAMATER, 0000 MICHAEL J. GAYER, JR., 0000 CHRISTOPHER L. BYROM, 0000 CHARLES J. DELAPP II, 0000 MICHAEL A. GEER, 0000 DENNIS O. BYTHEWOOD, 0000 JAMES W. DELOACH, 0000 GLEN M. GENOVE, 0000 STEVEN R. CABOSKY, 0000 JAMES M. DELONG, 0000 HOWARD A. GENTRY, 0000 WILLIAM M. CAHILL, 0000 SCOTT A. DELORENZI, 0000 DAVID P. GERHARDT, 0000 PAUL D. CAIRNEY, 0000 CHRISTOPHER DELOSSANTOS, 0000 KEVIN A. GIBBONS, 0000 PHILIP M. CALI, 0000 ELIZABETH A. DEMMONS, 0000 KEITH P. GIBSON, 0000 KENNETH D. CALLAHAN, 0000 THOMAS E. DEMPSEY III, 0000 ROBIN L. GIBSON, 0000 MICHAEL G. CANCELLIER, 0000 JEFFREY G. DEMUTH, 0000 TODD G. GIEFER, 0000 JIMMY R. CANLAS, 0000 GARY D. DENNEY, 0000 JAMES M. GIFFORD, JR., 0000 BRYAN H. CANNADY, 0000 CHAD P. DERANGER, 0000 JOHN W. GILES, JR., 0000 MONTE R. CANNON, 0000 ABNER DEVALLON, JR., 0000 ROBERT J. GILL, 0000 CHRISTOPHER E. CANTRELL, 0000 STEVEN N. DICKERSON, 0000 BRENT M. GILLESPIE, 0000 HOUSTON R. CANTWELL, 0000 BRIAN C. DICKINSON, 0000 BRYAN M. GILLESPIE, 0000 ANTHONY B. CAPOBIANCO II, 0000 MICHAEL A. DICKINSON, 0000 CHRISTOPHER W. GILMORE, 0000 MICHAEL R. CARDOZA, 0000 TOR F. DIETRICHS, 0000 CARMELO J. GIOVENCO, JR., 0000 SCOTT H. CARDOZO, 0000 STEVE A. DINZART, 0000 TIMOTHY F. GIRAS, 0000 JOEL L. CAREY, 0000 JAMES E. DITTUS, 0000 JOHN C. GLASS, 0000 LANCE A. CARMACK, 0000 BRANDON K. DOAN, 0000 MICHAEL P. GLEASON, 0000 STEVEN C. CARMICAL, 0000 FRANCIS T. DOIRON, 0000 ANDREW T. GOBER, 0000 DENNIS F. CARON, 0000 MICHAEL P. DOMBROWSKI, 0000 EDWARD R. GOETZ, 0000 BRIAN L. CARR, 0000 MICHAEL R. DOMBROWSKI, 0000 JOSEPH M. GOLOVACH, JR., 0000 STEPHEN T. CARSON, 0000 THOMAS R. DORL, 0000 ALEJANDRO GOMEZ, JR., 0000 ALAN M. CARVER, 0000 JOHN L. DORRIAN, 0000 JAIME GOMEZ, JR., 0000 KENNETH R. CARYER, 0000 PETER W. DOTY, 0000 HECTOR L. GONZALEZ, 0000 GREGORY T. CATARRA, 0000 ANNA M. DOUGLAS, 0000 LONGINOS GONZALEZ, JR., 0000 EUGENE M. CAUGHEY, 0000 CHARLES W. DOUGLASS, 0000 PEDRO I. GONZALEZ, 0000 TOBIN W. CAVALLARI, 0000 ROBERT A. DOWNEY, 0000 ROBERT A. GONZALEZ, 0000 JOSEPH R. CDEBACA, 0000 JAMES F. DOWNS, 0000 KRISTIN E. GOODWIN, 0000 BRYAN K. CESSNA, 0000 JEFFREY T. DOYLE, 0000 KEVIN J. GORDON, 0000 TIMOTHY P. CHAMERNIK, 0000 NORMAN A. DOZIER, 0000 GLEN L. GOSS, 0000 ROBERT L. CHARLESWORTH, 0000 ERIK A. DRAKE, 0000 DANIEL F. GOTTRICH, 0000 ROBERT M. CHAVEZ, 0000 KERRY A. DRAKE, 0000 GEORGE V. GOVAN, 0000 SAMUEL J. CHESNUT IV, 0000 THOMAS G. DRAPE, 0000 DONALD R. GRANNAN, 0000 JASON J. E. CHILDS, 0000 PAUL T. DRIESSEN, 0000 JARED W. GRANSTROM, 0000 VINCENT J. CHIOMA, 0000 PERCY E. DUNAGIN III, 0000 DARREN P. GRAY, 0000 DAVID B. CHISENHALL, JR., 0000 DAVID E. DUTCHER, 0000 JAMES E. GRAY, 0000 SEAN M. CHOQUETTE, 0000 DAVID W. DYE, 0000 RODNEY GRAY, 0000 DAVID P. CHRISMAN, 0000 CHRISTOPHER A. EAGAN, 0000 RONALD M. GRAY, 0000 KEVIN L. CHRIST, 0000 DARREN A. EASTON, 0000 TREVOR E. GRAY II, 0000 CHAD L. CHRISTOPHERSON, 0000 LEIF E. ECKHOLM, 0000 GREGORY S. GREEN, 0000 MATTHEW C. CICCARELLO, 0000 GILBERT B. EDDY, 0000 JUSTIN W. GREEN, 0000 ROBERT O. CIOPPA, 0000 BRIAN J. EDE, 0000 MICHELE A. GREEN, 0000 ANNE L. CLARK, 0000 EDIE L. EDMONDSON, 0000 JAMES C. GREENE, 0000 MICHAEL J. CLARK, 0000 CAREY D. EFFERSON, 0000 KEVIN D. GREENE, 0000 JONATHAN B. CLAUNCH, 0000 EDWARD J. EFSIC III, 0000 MICHAELA A. GREENE, 0000 CHRISTINA M. CLAUSNITZER, 0000 LEO J. EISBACH, 0000 PAUL D. GREENLEE, 0000 HERBERT L. CLAYTON, 0000 RICHARD D. ELMORE, 0000 BRIAN S. GREENROAD, 0000 JOHN D. CLAYTON, 0000 JOHN J. ELSHAW, 0000 STEVEN C. GREGG, 0000 JASON E. CLEMENTS, 0000 MICHAEL B. ELTZ, 0000 MANUEL G. GRIEGO, 0000 PHILIP A. CLINTON, 0000 MARK R. ELY, 0000 ETHAN C. GRIFFIN, 0000 NILES M. COCANOUR, 0000 TODD M. EMMONS, 0000 BRIAN D. GRIFFITH, 0000 STEPHEN B. COCKS, 0000 BYRL R. ENGEL, 0000 ROBERT L. GRIFFITH, 0000 JED S. COHEN, 0000 CHRISTOPHER B. ERICKSON, 0000 MICHAEL W. GRISMER, JR., 0000 PETER J. COHEN, 0000 JOHN W. ERICKSON, 0000 MICHAEL A. GROGAN, 0000 MICHAEL D. COLBURN, 0000 JOHN B. ESCH, 0000 DONALD B. GROVE, 0000 BARRY W. COLE, 0000 ERIC A. ESPINO, 0000 MICHAEL C. GRUB, 0000 DARREN R. COLE, 0000 EDWARD E. ESTERON, 0000 KYLE E. GRUNDEN, 0000 HERMAN A. COLE III, 0000 BRIAN L. EVANS, 0000 LUIS M. GRUNEIRO, 0000 JAMES E. COLEBANK, 0000 DAVID F. EVANS, JR., 0000 MARK A. GUERRERO, 0000 ANTHONY E. COLEMAN, 0000 MARCIA D. EVANS, 0000 THEODORE G. GUETIG, 0000 BRIAN D. COLLINS, 0000 DARREN E. EWING, 0000 RYAN E. GUIBERSON, 0000 HEATH A. COLLINS, 0000 STACY P. EXUM, 0000 SCOTT D. GUNDLACH, 0000 TODD A. COLLINS, 0000 JOHN M. FAIR, 0000 ENRIQUE J. GWIN, 0000 JASON R. COMBS, 0000 JEFFREY K. FALLESEN, 0000 WILLIAM J. HAAG, 0000 KEITH A. C. COMPTON, JR., 0000 THOMAS G. FALZARANO, 0000 ARLIE V. HADDIX, 0000 VERNON W. CONAWAY IV, 0000 BLAKE C. FARLEY, 0000 MICHAEL D. HADDOCK, 0000 CHAD L. CONERLY, 0000 RICHARD S. FARNSWORTH II, 0000 KEVIN R. HAFF, 0000 WILLIAM J. CONLEY, 0000 BRIAN M. FARRAR, 0000 DIANA L. HAJEK, 0000 JOHN P. CONMY, 0000 MATTHEW O. FEASTER, 0000 CHARLES T. HALEY III, 0000 SIDNEY S. CONNER, 0000 ERIK S. FEGENBUSH, 0000 JOSEPH E. HALL, 0000 MICHAEL A. CONNOLLY, 0000 MICHAEL A. FELICE, 0000 WILLIAM D. HALL, 0000 DEREK T. CONTRERAS, 0000 ROSS O. FELKER, 0000 ERIC K. HALVERSON, 0000 JOEL O. COOK, 0000 RICHARD A. FICKEN, 0000 ANDREW K. HAMANN, 0000 ROBERT J. COOK, 0000 MATTHEW C. FINNEGAN, 0000 STEPHEN F. HAMLIN, 0000 WANDA D. COOK, 0000 THOMAS J. FINNERAN, 0000 FRANCISCO G. HAMM, 0000 BERT COOL, 0000 PAUL R. FIORENZA, 0000 STEWART A. HAMMONS, 0000 BRYAN S. COON, 0000 JON R. FISHER, 0000 DEBORAH G. HAMRICK, 0000 CHARLES J. COOPER, 0000 ARMANDO E. FITERRE, 0000 TERRY J. HAMRICK, JR., 0000 THOMAS M. COOPER, 0000 RICHARD R. FLAKE, 0000 TODD L. HANNING, 0000 JAMES A. COPHER, 0000 ROBERT L. FLETCHER, 0000 CRAIG A. HANSEN, 0000 THOMAS COPPERSMITH, 0000 FRANK A. FLORES, 0000 DAVID S. 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MARCUS W. HERVEY, 0000 DAVID T. KREMPASKY, 0000 KIRSTEN R. MESSER, 0000 SHAUN R. HICK, 0000 DAVID D. KRETZ, 0000 RICHARD J. MESSINA, 0000 JAMES P. HICKMAN, 0000 JASON R. KRINSKY, 0000 DAVID O. METEYER, 0000 LAWRENCE C. HICKS, 0000 MOHAN S. KRISHNA, 0000 MICHAEL J. MEYER, 0000 TAMARA L. HIGGINS, 0000 ERIC A. KRYSTKOWIAK, 0000 JOSEPH K. MICHALEK, 0000 STEVEN M. HILL, 0000 TANYA R. KUBINEC, 0000 JONPAUL MICKLE, 0000 DWIGHT H. HINTZ, JR., 0000 DOUGLAS O. KUGLER, 0000 ZEBBY MILES, 0000 DEAN T. HITCHCOCK, 0000 CHARLES D. KUHL, 0000 CAROLINE M. MILLER, 0000 HAROLD T. HOANG, 0000 JERRY J. KUNG, 0000 HANS H. MILLER, 0000 GEORGE K. HOBSON, 0000 JOSEPH D. KUNKEL, 0000 KATHERINE K. MILLER, 0000 STEPHEN G. HOFFMAN, 0000 THOMAS E. KUNKEL, 0000 MATTHEW P. MILLER, 0000 MICHAEL L. A. HOLLAND, 0000 JOSEPH W. KURTZ, 0000 MICHAEL A. MILLER, 0000 MICHELLE A. HOLLAND, 0000 JOSHUA M. KUTRIEB, 0000 MICHAEL T. MILLER, 0000 MATTHEW H. HOLM, 0000 DWAYNE A. LAHAYE, 0000 RONALD M. MILLER, JR., 0000 RONALD P. 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KEITH A. PERKINS, 0000 JOHN D. RYE, 0000 JAMES M. TAYLOR, 0000 LEON J. PERKOWSKI, 0000 MATTHEW B. RYTTING, 0000 JOHN D. TAYLOR, 0000 KRISTOPHER E. PERRY, 0000 MANUEL F. SAENZ, 0000 ROBERT M. TAYLOR II, 0000 MARSHALL C. PERRY, 0000 CHRISTOPHER S. SAGE, 0000 MARK A. TEDROW, 0000 BRIAN C. PETERS, 0000 FRANK D. SAMUELSON, 0000 ERNEST J. TEICHERT III, 0000 KENDALL D. PETERS, 0000 TROY L. SANDERS, 0000 RAYMUND M. TEMBREULL, 0000 CHRISTOPHER R. PETERSEN, 0000 BRIAN S. SANDLIN, 0000 MICHAEL P. TERNUS, 0000 SCOTT T. PETERSEN, 0000 DORAL E. SANDLIN, 0000 RONALD J. TEWKSBURY II, 0000 TY W. PETERSON, 0000 TIMOTHY A. SANDS, 0000 CRAIG G. THEISEN, 0000 JAMES D. PETRICK, 0000 MATTHEW D. SANFORD, 0000 ALLAN P. THILMANY, 0000 MICHAEL S. PETROCCO, 0000 MICHAEL G. SANJUME, 0000 ANTHONY L. THOMAS, 0000 MICHAEL R. PETTIT, 0000 JOE H. SANTOS, 0000 JOHN J. THOMAS, 0000 EVAN L. PETTUS, 0000 JOSEPH C. SANTUCCI, 0000 SPENCER S. THOMAS, 0000 GEORGE E. PETTY, 0000 REX E. SAUKKONEN, 0000 PHILLIP J. 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RAWLINS, 0000 ERIK L. SIMONSEN, 0000 ROGER R. VROOMAN, 0000 MICHAEL T. RAWLS, 0000 ANTHONY G. SIMPSON, 0000 WILLIAM E. WADE, JR., 0000 BRIAN J. RAY, 0000 RAY L. SIMPSON, 0000 MICHAEL V. WAGGLE, 0000 THOMAS P. REARDON, 0000 DAVID S. SINGER, 0000 SAMUEL D. WAGNER, 0000 KEITH W. REEVES, 0000 RODNEY SINGLETON, 0000 RALPH J. WAITE IV, 0000 BRAXTON D. REHM, 0000 TERRY C. SISSON, 0000 TODD S. WALDVOGEL, 0000 RHONDA K. REICHEL, 0000 BEVERLY S. SLOAN, 0000 ALEXANDER W. WALFORD, 0000 CHRISTOPHER S. REIFEL, 0000 CHRISTOPHER M. SMITH, 0000 BRIAN P. WALKER, 0000 MICHAEL C. REINERS, 0000 DAVID C. SMITH, 0000 CHARLES J. WALLACE II, 0000 SCOTT W. REINHARD, 0000 KENNETH A. SMITH, 0000 MARK M. WALLACE, 0000 STEPHEN L. RENNER, 0000 KEVIN D. SMITH, 0000 MATTHEW V. WALLACE, 0000 MICHAEL A. RESCHKE, 0000 MARK D. SMITH, 0000 HOWARD T. WALLER, 0000 OMAR REYESLATTOUF, 0000 MATTHEW D. SMITH, 0000 KARL C. WALLI, 0000 JONATHAN C. RICE IV, 0000 MICHAEL R. SMITH, 0000 JOERG D. WALTER, 0000 JUSTIN M. 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ROBERTS, 0000 JENNIFER P. SOVADA, 0000 THEODORE G. WEIBEL, 0000 AMY R. ROBINSON, 0000 ADRIAN L. SPAIN, 0000 TROY B. WEINGART, 0000 DWAYNE M. ROBISON, 0000 JEFFERY B. SPANN, 0000 GEOFFREY F. WEISS, 0000 MICHELLE R. ROCCO, 0000 ALAN N. SPARKS, 0000 MICHAEL T. WEISS, 0000 SCOTTLAND L. RODDY, 0000 KENNETH S. SPEIDEL, 0000 MICHAEL R. WELBORN, 0000 SHELLEY A. RODRIGUEZ, 0000 KIMBERLY C. ST JOHN KEYS, 0000 KEITH A. WELCH, 0000 CHRISTOPHER J. ROGERS, 0000 AARON W. STEFFENS, 0000 BRADLEY R. WENSEL, 0000 CHRISTOPHER T. ROGERS, 0000 RONALD D. STENGER, 0000 DAVID S. WERLING, 0000 RICHARD D. ROGERS, 0000 MARK A. STEPHENS, 0000 EDWARD J. WERNER, 0000 RYAN C. ROGERS, 0000 MICHAEL J. STETINA, 0000 KEVIN G. WESTBURG, 0000 CHRISTOPHER S. ROGOWSKI, JR., 0000 TODD A. STEVENS, 0000 DANIEL J. WHANNELL, 0000 MICHAEL K. ROKAW, 0000 LISA Y. STEVENSON, 0000 MICHAEL D. WHEELER, 0000 RICHARD B. ROLLER, 0000 EARL W. STOLZ II, 0000 TERENCE D. WHEELER, 0000 SCOTT A. ROMBERGER, 0000 TIMOTHY M. STONG, 0000 VICTOR B. WHEELER, 0000 ROBERT T. ROMER, 0000 STEVEN J. STORCH, 0000 WESLEY L. WHITAKER, 0000 MARGARET M. ROMERO, 0000 WILLIAM M. STOWE III, 0000 GARY L. WHITE, 0000 LARRY D. ROOF, 0000 MARK E. STRATTON, 0000 SAMUEL G. WHITE III, 0000 RICHARD M. ROSA, 0000 SUZANNE M. STREETER, 0000 SHELDON G. WHITE, 0000 DOUGLAS W. ROTH, 0000 CHRISTOPHER R. STRICKLIN, 0000 STEVEN D. WHITE, 0000 KRISTINA L. ROTH, 0000 BRIAN R. STUART, 0000 TED N. WHITE, 0000 TARA K. ROUTSIS, 0000 GENA R. STUCHBERY, 0000 TODD A. WHITE, 0000 ROBERT J. ROWELL, 0000 STEVE S. SUGIYAMA, 0000 JAMES T. WICKTOM, 0000 WILLIAM J. ROWELL, 0000 CHERRYL B. SULLIVAN, 0000 SCOTT D. WIERZBANOWSKI, 0000 LEERNEST M. B. RUFFIN, 0000 CHRISTOPHER P. SULLIVAN, 0000 MARA C. WIGHT, 0000 JAMES R. RUFFING, 0000 SHANE T. SULLIVAN, 0000 LANCE R. WIKOFF, 0000 FRANK G. RUGGERI, 0000 TIMOTHY J. SUNDVALL, 0000 DAVID P. WILDER, 0000 BRYAN T. RUNKLE, 0000 DAVID K. SUTTON, 0000 VICTOR D. WILEY, 0000 CHAD W. RUSSELL, 0000 JASON K. SUTTON, 0000 RICHARD WILGOS, 0000 STEPHEN M. RUSSELL, 0000 RICHARD C. SUTTON, 0000 SHANE C. WILKERSON, 0000 MARK A. RUSSO, 0000 THOMAS T. SWAIM, 0000 BRETT D. WILKINSON, 0000 SUNCHLAR M. RUST, 0000 DAVID J. SWANKE, 0000 JON C. WILKINSON, 0000 ALLEN C. RUTH, 0000 DOUGLAS H. SWIFT, 0000 CHRISTOPHER S. WILKOWSKI, 0000 ANDREW J. RYAN, 0000 RANDALL A. TABOR, 0000 CHARLES L. WILLIAMS, 0000 PATRICK S. RYDER, 0000 DAVID A. TAYLOR, 0000 KENT A. WILLIAMS, 0000

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 9801 E:\2007SENATE\S19MR7.REC S19MR7 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 19, 2007 CONGRESSIONAL RECORD — SENATE S3289 PAUL N. WILLIAMS, 0000 THOMAS F. COLLICK, 0000 To be colonel DANIEL L. WILSON, 0000 PAUL A. DAWSON, 0000 JACQUELINE R. WILSON, 0000 VERONIQUE N. DEROUSELLE, 0000 MICHAEL A. WHITE, 0000 JOEL B. WILSON, 0000 MICHAEL P. DILLINGER, 0000 KEVIN A. WILSON, 0000 JOSHUA P. FALK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHAWN A. WILSON, 0000 CHRISTOPHER L. FERRETTI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY STANLEY G. WILSON III, 0000 EVELYN R. FRASURE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM V. WINANS, 0000 JOHN S. FREDLAND, 0000 To be lieutenant colonel RANDOLPH L. WINGE, 0000 LORI M. GILL, 0000 LYNN H. WINWARD, 0000 MELINDA L. GREENE, 0000 ANTHONY T. ROPER, 0000 MARK D. WITZEL, 0000 TOBIN C. GRIFFETH, 0000 JASON D. WOLF, 0000 ANTHONY S. GUNN, 0000 THE FOLLOWING NAMED INDIVIDUALS IN THE GRADE PATRICK F. WOLFE, 0000 MICHAEL A. HATTON, 0000 INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE TIMOTHY A. WOLIVER, 0000 CRYSTAL D. HAYNES, 0000 10, U.S.C., SECTION 12203: ANN WONGJIRU, 0000 FRANCIS D. HOLLIFIELD III, 0000 To be colonel CAROLYN L. WOOD, 0000 CANDACE L. HUNSTIGER, 0000 MARK A. WOODARD, 0000 KEVIN C. INGRAM, 0000 ERIC A. HANSEN, 0000 BOBBY C. WOODS, JR., 0000 ROBERT W. JARMAN, 0000 PASCAL O. UDEKWU, 0000 JAMES J. WOODS, JR., 0000 CHAD M. JESPERSEN, 0000 PETER J. VARLJEN, 0000 DALE W. WRIGHT, 0000 JENNY L. JOHNSON, 0000 TINA M. WYANT, 0000 AMY M. JORDAN, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR HERBERT D. WYMS, 0000 ANDREW KALAVANOS, 0000 APPOINTMENT TO THE GRADES INDICATED IN THE DIANA J. WYRTKI, 0000 AARON G. LAKE, 0000 UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, SCOTT D. YANCY, 0000 SEAN P. LARDNER, 0000 U.S.C., SECTIONS 531 AND 3064: CULLA L. YARBOROUGH, 0000 HEATHER A. LENGEL, 0000 To be lieutenant colonel WALTER K. YAZZIE, 0000 KYLE W. LITTLE, 0000 MATTHEW H. YETISHEFSKY, 0000 MARK B. MCKIERNAN, 0000 STEVEN S. GELBERT, 0000 YOUNGKUN S. YU, 0000 TYLER E. MERKEL, 0000 KENNETH J. YUNEVICH, 0000 JOHN E. OWEN, 0000 To be major TIMOTHY A. ZACHARIAS, 0000 CHRISTOPHER S. PEIFER, 0000 PATRICK R. MCBREARTY, 0000 DENNIS K. ZAHN, 0000 JOY L. PRIMOLI, 0000 SCOTTIE L. ZAMZOW, 0000 LARRY E. PRUITT, 0000 f JAMES C. ZEGEL, 0000 TARA L. SHAMHART, 0000 MATTHEW S. ZICKAFOOSE, 0000 TAMMIE L. SLEDGE, 0000 DUSTIN P. ZIEGLER, 0000 GLENN A. SPENCER, 0000 CONFIRMATIONS MATTHEW E. ZUBER, 0000 ANTHONY SPRATLEY, 0000 PAUL M. ZULUAGA, 0000 JON B. STANLEY, 0000 Executive nominations confirmed by ANNAMARIE ZURLINDEN, 0000 MICHAEL J. TABER, 0000 the Senate March 19, 2007: BRIAN M. THOMPSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRENDON K. TUKEY, 0000 IN THE NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR JEFFERSON H. WEST, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN C. WIGGLESWORTH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major DANIELLE M. WILKERSON, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSHUA D. YANOV, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JENNIFER S. AARON, 0000 FRANK YOON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LANCE A. AIUMOPAS, 0000 ROBERT S. ZAUNER, 0000 WILLIAM J. ANNEXSTAD, 0000 To be Admiral OMAR S. ASHMAWY, 0000 IN THE ARMY ADM. TIMOTHY J. KEATING, 0000 ANTHONY W. BELL, 0000 RON M. BLAZE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE DANIEL J. BREEN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ALLAN S. BROCK, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADRIAN L. BROWN, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ANTHONY C. CAMILLI, 0000 To be colonel CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION KRISTIN M. CASTIGLIA, 0000 KATHLEEN S. LOPER, 0000 DAVID H. CAZIER, 0000 601: BRADLEY A. CLEVELAND, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be General KHARMA S. CLIFFORDALLMON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE SHAWN M. CLINE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LT. GEN. VICTOR E. RENUART, JR., 0000

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