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, WEDNESDAY, DECEMBER 19, 2007 No. 195 Senate U.S. SENATE, INTEGRATED DEEPWATER The Senate met at 11:30 a.m. and was PRESIDENT PRO TEMPORE, PROGRAM REFORM ACT called to order by the Honorable ROB- Washington, DC, December 19, 2007. To the Senate: Mr. REID. Mr. President, I ask unan- ERT P. CASEY, Jr., a Senator from the Under the provisions of rule I, paragraph 3, imous consent that the Senate proceed State of Pennsylvania. of the Standing Rules of the Senate, I hereby to Calendar No. 171, S. 924. appoint the Honorable ROBERT P. CASEY, Jr., The ACTING PRESIDENT pro tem- PRAYER a Senator from the State of Pennsylvania, to pore. The clerk will report the bill by The Chaplain, Dr. Barry C. Black, of- perform the duties of the Chair. title. fered the following prayer: ROBERT C. BYRD, The legislative clerk read as follows: President pro tempore. Let us pray. A bill (S. 924) to strengthen the United Our Father, when we look to the Mr. CASEY thereupon assumed the States Coast Guard’s Integrated Deepwater heavens, the works of Your fingers, the chair as Acting President pro tempore. Program. Moon and the stars that You have es- f There being no objection, the Senate tablished, what is humanity that You RECOGNITION OF THE MAJORITY proceeded to consider the bill which are mindful of us? May those thoughts LEADER had been reported from the Committee on Commerce, Science and Transpor- of Your Majesty lead us to humility The ACTING PRESIDENT pro tem- tation with an amendment to strike all and a willingness to acknowledge our pore. The majority leader is recog- after the enacting clause and insert in weakness and failure as we receive nized. Your strength and wisdom. lieu thereof the following: Give our Senators a passion for Your f SECTION 1. SHORT TITLE; TABLE OF CONTENTS. glory. Help them to remember Your SCHEDULE (a) SHORT TITLE.—This Act may be cited as words: Those who exalt themselves the ‘‘Integrated Deepwater Program Reform Mr. REID. Mr. President, morning Act’’. shall be abased, and those who humble business will be what we will do most (b) TABLE OF CONTENTS.—The table of con- themselves shall be exalted. of the day. We have a 10-minute limita- tents for this Act is as follows: Today, I personally thank You for tion, as we normally do, except for Sec. 1. Short title; table of contents. the gifts of TRENT and TRICIA LOTT. I JACK REED, who has an order for 30 Sec. 2. Procurement structure. praise You for their friendship, their minutes. We are going to recess today Sec. 3. Analysis of alternatives. Sec. 4. Certification. faithfulness, and their fervor for You. at 12:30 for a Democratic conference Sec. 5. Contract requirements. As they leave the Senate, surround and then reconvene at 2:15. We have a Sec. 6. Improvements in Coast Guard manage- them with Your grace, power, and love. number of issues we will be working ment. We ask this in the Name of Him who through today, the House is sending us, Sec. 7. Procurement and report requirements. is perfection incarnate. Amen. we are going to send them. There are, Sec. 8. GAO review and recommendations. Sec. 9. Inspector General review of Deepwater of course, no votes, and we will do our f program. very best to finish as soon as we can. I Sec. 10. Definitions. PLEDGE OF ALLEGIANCE spoke to both Majority Leader HOYER SEC. 2. PROCUREMENT STRUCTURE. and Speaker PELOSI today. They expect (a) IN GENERAL.— The Honorable ROBERT P. CASEY, Jr., (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex- led the Pledge of Allegiance, as follows: to finish around 6 or 7 tonight. So dur- ing that time we will be running things cept as provided in subsection (b), the United I pledge allegiance to the Flag of the back and forth with each other until States Coast Guard may not use a private sector United States of America, and to the Repub- entity as a lead systems integrator for procure- lic for which it stands, one nation under God, we get this worked out. ments under, or in support of, the Integrated indivisible, with liberty and justice for all. f Deepwater Program after the date of enactment ORDER FOR RETURN OF PAPERS— of this Act. f (2) FULL AND OPEN COMPETITION.—The United H.R. 2764 States Coast Guard shall utilize full and open APPOINTMENT OF ACTING Mr. REID. Mr. President, this request competition for any other procurement for PRESIDENT PRO TEMPORE has been approved by the Republicans. which an outside contractor is used under, or in The PRESIDING OFFICER. The I ask unanimous consent that the Sen- support of, the Integrated Deepwater Program clerk will please read a communication ate request the House to return the pa- after the date of enactment of this Act. (b) EXCEPTIONS.— to the Senate from the President pro pers relative to H.R. 2764. (1) COMPLETION OF PROCUREMENT BY LEAD tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- SYSTEMS INTEGRATOR.—Notwithstanding sub- The legislative clerk read the fol- pore. Without objection, it is so or- section (a), the Coast Guard may use a private lowing letter: dered. sector entity as a lead systems integrator—

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

S15945

.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 6333 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15946 CONGRESSIONAL RECORD — SENATE December 19, 2007 (A) to complete any delivery order or task nancial interest in any part of the Integrated (1) addresses the recommendations related to order that was issued to the lead systems inte- Deepwater Program as of the date of enactment award fee determination and award term eval- grator on or before the date of enactment of this of this Act or in any alternative being consid- uation made by the Government Accountability Act without any change in the quantity of as- ered. Office in its March, 2004, report entitled Coast sets or the specific type of assets covered by the (c) ANALYSIS.—The analysis of alternatives Guard’s Deepwater Program Needs Increased order; provided pursuant to the contract under sub- Attention to Management and Contractor Over- (B) for procurements of— section (b) for procurements and feasible alter- sight, GAO–04–380, and any subsequent Govern- (i) the HC–130J and the C41SR, and natives shall include— ment Accountability Office recommendations (ii) National Security Cutters or Maritime Pa- (1) an examination of capability, interoper- relevant to the contract terms issued before trol Aircraft under contract or order for con- ability, and other advantages and disadvan- March 1, 2007, including the recommendation struction as of the date of enactment of this Act, tages; that any award or incentive fee be tied to pro- if the requirements of subsection (c) are met (2) an evaluation of whether different quan- gram outcomes; with respect to such procurements; and tities of specific assets could meet the Coast (2) provides that certification of any Inte- (C) for the procurement of additional National Guard’s overall performance needs; grated Deepwater Program procurement for per- Security Cutters or Maritime Patrol Aircraft if (3) a discussion of key assumptions and vari- formance, safety, and other relevant factors de- the Commandant determines, after conducting ables, and sensitivity to changes in such as- termined by the Commandant will be conducted the analysis of alternatives required by section sumptions and variables; by an independent third party; 3, that— (4) an assessment of technology risk and ma- (3) does not include— (i) the justifications of FAR 6.3 are met; turity; (A) for any contract extending the existing In- (ii) the procurement and the use of a private (5) an evaluation of safety and performance tegrated Deepwater Program contract term that sector entity as a lead systems integrator for the records; and expires in June, 2007, minimum requirements for procurement is in the best interest of the Federal (6) a calculation of costs, including life-cycle the purchase of a given or determinable number government; and costs. of specific assets; (iii) the requirements of subsection (c) are met (d) REPORT TO CONGRESS.—As soon as possible (B) provisions that commit the Coast Guard with respect to such procurement. after an analysis of alternatives has been com- without express written approval by the Coast (2) AWARDS TO TIER 1 SUBCONTRACTORS.—The pleted, the Commandant shall develop a plan Guard; Coast Guard may award to any Tier 1 subcon- for the procurements addressed in the analysis, (C) any provision allowing for equitable ad- tractor or subcontractor below the Tier 1 level as well as procurements described in subsection justment that differs from the Federal Acquisi- any procurement that it could award to a lead (a) for which no analysis of alternatives is re- tion Regulations; systems integrator under paragraph (1). quired, and shall transmit a report describing (4) for any contract extending the existing In- tegrated Deepwater Program contract term that (3) REPORT ON DECISION-MAKING PROCESS.—If the plan, and the schedule and costs for delivery the Coast Guard determines under paragraph of such procurements to the Senate Committee expires in June, 2007, is reviewed by, and ad- (1) that it will use a private sector lead systems on Commerce, Science, and Transportation and dresses recommendations made by, the Under integrator for a procurement, the Commandant the House of Representatives Committee on Secretary of Defense for Acquisition, Tech- shall transmit a report to the Senate Committee Transportation and Infrastructure. nology, and Logistics through the Defense Ac- on Commerce, Science, and Transportation and SEC. 4. CERTIFICATION. quisition University in its Quick Look Study dated February 5, 2007; and the House of Representatives Committee on (a) IN GENERAL.—After the date of enactment (5) meets the requirements of the Systems Ac- Transportation and Infrastructure notifying the of this Act, a contract, delivery order, or task quisition Manual. Committees of its determination and explaining order exceeding $10,000,000 for procurement the rationale for the determination. under, or in support of, the Coast Guard’s Inte- SEC. 6. IMPROVEMENTS IN COAST GUARD MAN- AGEMENT. (c) LIMITATION ON LEAD SYSTEMS INTEGRA- grated Deepwater Program may not be executed (a) IN GENERAL.—As soon as practicable after TORS.—Neither an entity performing lead sys- by the Coast Guard until the Commandant cer- the date of enactment of this Act, the Com- tems integrator functions for a procurement tifies that— mandant shall take action to ensure that— under, or in support of, the Integrated Deep- (1) appropriate market research has been con- (1) the measures contained in the Coast water Program, nor a Tier 1 subcontractor, for ducted prior to technology development to re- Guard’s report entitled Coast Guard: Blue Print any procurement described in subparagraph (B) duce duplication of existing technology and for Acquisition Reform are implemented fully; or (C) of subsection (b)(1) may have a financial products; (2) any additional measures for improved interest in a subcontractor below the tier 1 sub- (2) the technology has been demonstrated to management recommended by the Defense Ac- contractor level unless— the maximum extent practicable in a relevant quisition University in its Quick Look Study of (1) the entity was selected by the Coast Guard environment; the United States Coast Guard Deepwater Pro- through full and open competition for such pro- (3) the technology demonstrates a high likeli- gram, dated February 5, 2007, are implemented; curement; hood of accomplishing its intended mission; (3) integrated product teams, and all higher- (2) the procurement was awarded by the lead (4) the technology is affordable when consid- level teams that oversee integrated product systems integrator or a subcontractor through ering the per unit cost and the total procure- teams, are chaired by Coast Guard personnel; full and open competition; ment cost in the context of the total resources and (3) the procurement was awarded by a sub- available during the period covered by the Inte- (4) the Assistant Commandant for Engineering contractor through a process over which the grated Deepwater Program; and Logistics is designated as the Technical Au- lead systems integrator or a Tier 1 subcontractor (5) the technology is affordable when consid- thority for all design, engineering, and tech- exercised no control; or ering the ability of the Coast Guard to accom- nical decisions for the Integrated Deepwater (4) the Commandant has determined that the plish its missions using alternatives, based on Program. justifications of FAR 6.3 are met. demonstrated technology, design, and knowl- (b) TRANSFER.— SEC. 3. ANALYSIS OF ALTERNATIVES. edge; (1) IN GENERAL.—Section 93(a) of title 14, (a) IN GENERAL.—Except with respect to a (6) funding is available to execute the con- United States Code, is amended— procurement described in subparagraph (A) or tract, delivery order, or task order; and (A) by striking ‘‘and’’ after the semicolon in (B) of section 2(b)(1) of this Act, or a procure- (7) the technology complies with all relevant paragraph (23); ment for which a request for proposals con- policies, regulations, and directives of the Coast (B) by striking ‘‘appropriate.’’ in paragraph sistent with the FAR has been issued before the Guard. (24) and inserting ‘‘appropriate; and’’; and date of enactment of this Act, no procurement (b) LIMITATION.—Nothing in this section shall (C) by adding at the end thereof the fol- may be awarded under the Integrated Deep- prevent the Coast Guard from executing con- lowing: water Program until an analysis of alternatives tracts or issuing deliver orders or task orders, ‘‘(25) notwithstanding any other provision of has been conducted under this section. for research and development or technology law, in any fiscal year transfer funds made (b) INDEPENDENT ANALYSIS.—As soon as pos- demonstrations under, or in support of, the In- available for personnel, compensation, and ben- sible, but no later than 120 days after the date tegrated Deepwater Program. efits from the appropriation account ‘Acquisi- of enactment of this Act, the Commandant shall (c) REPORT TO CONGRESS.—The Commandant tion, Construction, and Improvement’ to the ap- execute a contract for an analysis of alter- shall transmit a copy of each certification re- propriation account ‘Operating Expenses’ for natives with a Federally Funded Research and quired under subsection (a) to the Senate Com- personnel compensation and benefits and re- Development Center, an appropriate entity of mittee on Commerce, Science, and Transpor- lated costs necessary to execute new or existing the Department of Defense, or a similar inde- tation and the House of Representatives Com- procurements of the Coast Guard.’’. pendent third party entity that has appropriate mittee on Transportation and Infrastructure (2) NOTIFICATION.—Within 30 days after mak- acquisition expertise for independent analysis of within 30 days after the completion of the cer- ing a transfer under section 93(a)(25) of title 14, all of the proposed procurements under, or in tification. United States Code, the Commandant shall no- support of, the Integrated Deepwater Program, SEC. 5. CONTRACT REQUIREMENTS. tify the Senate Committee on Commerce, including procurements described in section The Commandant shall ensure that any con- Science, Transportation and Infrastructure, the 2(b)(1)(B), and for any future major changes of tract, delivery order, or task order for procure- Senate Committee on Appropriations, the House such procurements. The Commandant may not ment under, or in support of, the Integrated Committee on Transportation and Infrastruc- contract under this subsection for such an anal- Deepwater Program executed by the Coast ture, and the House Committee on Appropria- ysis with any entity that has a substantial fi- Guard— tions.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 6333 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15947 SEC. 7. PROCUREMENT AND REPORT REQUIRE- task order or extension of the existing contract The amendment (No. 3884) was agreed MENTS. for procurement under or in support of the Inte- to. (a) SELECTED ACQUISITION REPORTS.—The grated Deepwater Program entered into after (The amendment is printed in today’s Commandant shall submit to the Senate Com- the date of enactment of this Act. RECORD under ‘‘Text of Amendments.’’) mittee on Commerce, Science, and Transpor- (b) OTHER RECOMMENDATIONS.—The Com- tation and the House of Representatives Com- mandant shall ensure that all other rec- The committee amendment in the mittee on Transportation and Infrastructure re- ommendations in that report, and any subse- nature of a substitute, as amended, was ports on the Integrated Deepwater Program that quent recommendations issued before March 1, agreed to. contain the same type of information with re- 2007, are implemented to the maximum extent The bill (S. 924), as amended, was or- spect to that Program, to the greatest extent practicable by the Coast Guard within 1 year dered to be engrossed for a third read- practicable, as the Secretary of Defense is re- after the date of enactment of this Act. The ing, was read the third time and quired to provide to the Congress under section Commandant shall report to the Senate Com- passed, as follows: 2432 of title 10, United States Code, with respect mittee on Commerce, Science, and Transpor- S. 924 to major defense procurement programs. tation and the House of Representatives Com- (b) UNIT COST REPORTS.—Each Coast Guard mittee on Transportation and Infrastructure on Be it enacted by the Senate and House of Rep- program manager under the Coast Guard’s Inte- the Coast Guard’s progress in implementing resentatives of the United States of America in grated Deepwater Program shall provide to the such recommendations. Congress assembled, Commandant, or the Commandant’s designee, (c) GAO REPORTS ON IMPLEMENTATION.—Be- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. reports on the unit cost of assets acquired or ginning 6 months after the date of enactment of (a) SHORT TITLE.—This Act may be cited as modified that are under the management or con- this Act, the Comptroller General shall submit the ‘‘Integrated Deepwater Program Reform trol of the Coast Guard program manager on the an annual report to the Senate Committee on Act’’. same basis and containing the same informa- Commerce, Science, and Transportation and the (b) TABLE OF CONTENTS.—The table of con- tion, to the greatest extent practicable, as is re- House of Representatives Committee on Trans- tents for this Act is as follows: quired to be included in the reports a program portation and Infrastructure on the Coast Sec. 1. Short title; table of contents. manager is required to provide to the service Guard’s progress in implementing the provisions Sec. 2. Procurement structure. procurement executive designated by the Sec- of this Act, the Government Accountability Of- Sec. 3. Alternatives Analysis. retary of Defense under section 2433 of title 10, fice’s recommendations, in its March, 2004, re- Sec. 4. Certification. United States Code, with respect to a major de- port entitled Coast Guard’s Deepwater Program Sec. 5. Contract requirements. fense procurement program. Needs Increased Attention to Management and Sec. 6. Improvements in Coast Guard man- agement. (c) REPORTING ON COST OVERRUNS AND Contractor Oversight, GAO–04–380, and any Sec. 7. Department of Defense Consultation. DELAYS.—Within 30 days after the Commandant subsequent Government Accountability Office Sec. 8. Procurement and report require- becomes aware of a likely cost overrun or sched- recommendations issued before March 1, 2007. ments. uled delay, the Commandant shall transmit a SEC. 9. INSPECTOR GENERAL REVIEW OF DEEP- Sec. 9. GAO review and recommendations. report to the Senate Committee on Commerce, WATER PROGRAM. Sec. 10. Inspector General review of Deep- Science, and Transportation and the House of Not later than 240 days after the date of the water program. Representatives Committee on Transportation enactment of this Act, the Inspector General of Sec. 11. Definitions. and Infrastructure that includes— the Department of Homeland Security shall sub- SEC. 2. PROCUREMENT STRUCTURE. (1) a description of the known or anticipated mit to the Secretary, and to Congress, a report (a) IN GENERAL.— cost overrun; on the acquisition of assets under the Deep- (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex- (2) a detailed explanation for such overruns; water program. The report shall include— cept as provided in subsection (b), the United (3) a detailed description of the Coast Guard’s (1) a description of each decision, if any, of States Coast Guard may not use a private plans for responding to such overrun and pre- the Coast Guard or Integrated Coast Guard Sys- sector entity as a lead systems integrator for venting additional overruns; and tems relating to the acquisition of assets under procurements under, or in support of, the In- (4) a description of any significant delays in the Deepwater program that directly or indi- tegrated Deepwater Program more than 90 procurement schedules. rectly resulted in cost overruns or program cost days after the date of enactment of this Act. (d) PATROL BOAT REPORT.—Not later than 90 increases to the United States; days after the date of enactment of this Act the (2) an assessment whether any decision cov- (2) FULL AND OPEN COMPETITION.—The Commandant shall submit to the Committee on ered by paragraph (1) violated the terms of the United States Coast Guard shall utilize full Commerce, Science, and Transportation of the contract of Integrated Coast Guard Systems for and open competition for any other procure- Senate and the Committee on Transportation the Deepwater program; ment for which an outside contractor is used and Infrastructure of the House of Representa- (3) an assessment of how much program costs under, or in support of, the Integrated Deep- tives a report on how the Coast Guard plans to under the Deepwater program have increased as water Program after the date of enactment manage the annual readiness gap of lost time a result of any such decision; and of this Act, unless otherwise excepted in ac- for 110-foot patrol boats from fiscal year 2008 (4) an assessment of whether the Coast Guard cordance with the Competition in Con- through fiscal year 2014. The report shall in- or Integrated Coast Guard Systems is respon- tracting Act of 1984 and the Federal Acquisi- clude— sible for the payment of any cost overruns asso- tion Regulations. (1) a summary of the patrol hours that will be ciated with any such decision. (b) EXCEPTIONS.— lost due to delays in replacing the 110-foot cut- SEC. 10. DEFINITIONS. (1) COMPLETION OF PROCUREMENT BY LEAD ters and reduced capabilities of the 110-foot cut- In this Act: SYSTEMS INTEGRATOR.—Notwithstanding sub- ters that have been converted; (1) COMMANDANT.—The term ‘‘Commandant’’ section (a), the Coast Guard may use a pri- (2) an identification of assets that may be means the Commandant of the United States vate sector entity as a lead systems inte- used to alleviate the annual readiness gap of Coast Guard. grator— lost time for such patrol boats; (2) INTEGRATED DEEPWATER PROGRAM.—The (A) to complete any delivery order or task (3) a projection of the remaining operational term ‘‘Integrated Deepwater Program’’ means order that was issued to the lead systems in- lifespan of the 110-foot patrol boat fleet; the Integrated Deepwater Systems Program de- tegrator on or before the date that is 90 days (4) a description of how extending through fis- scribed by the Coast Guard in its Report to Con- after the date of enactment of this Act with- cal year 2014 the transfer agreement between the gress on Revised Deepwater Implementation out any change in the quantity of assets or Coast Guard and the United States Navy for 5 Plan, dated March 25, 2005, including any sub- the specific type of assets covered by the Cyclone class 179-foot patrol coastal ships would sequent modifications, revisions, or restatements order; effect the annual readiness gap of lost time for of the Program. (B) for procurements after the date that is 110-foot patrol boats; and (3) PROCUREMENT.—The term ‘‘procurement’’ 90 days after the date of enactment of this (5) an estimate of the cost to extend the oper- includes development, production, sustainment, Act of, or in support of— ational lifespan of the 110-foot patrol boat fleet modification, conversion, and missionization. ‘‘(i) the HC–130J aircraft, the HH–65 air- for each of fiscal years 2008 through 2014. Mr. REID. I ask unanimous consent craft, and the C4ISR system, and SEC. 8. GAO REVIEW AND RECOMMENDATIONS. that the Cantwell amendment to the (ii) National Security Cutters or Maritime (a) AWARD FEE AND AWARD TERM CRITERIA.— committee substitute which is at the Patrol Aircraft under contract or order for The Coast Guard shall consult with the Comp- desk be agreed to; the committee sub- construction as of the date that is 90 days troller General no later than June 1, 2007 to en- stitute, as amended, be agreed to; the after the date of enactment of this Act, sure that the Government Accountability Of- bill, as amended, be read a third time if the requirements of subsection (c) are met fice’s recommendations, in its March, 2004, re- and passed; the motion to reconsider be with respect to such procurements; and port entitled Coast Guard’s Deepwater Program laid upon the table with no intervening (C) for the procurement, or in support, of Needs Increased Attention to Management and additional National Security Cutters or Mar- Contractor Oversight, GAO–04–380, and any action or debate; and any statements itime Patrol Aircraft if the Commandant de- subsequent Government Accountability Office relating to this matter be printed in termines, after conducting the alternatives recommendations issued before March 1, 2007, the RECORD. analysis required by section 3, that— with respect to award fee and award term cri- The ACTING PRESIDENT pro tem- (i) the procurement is in accordance with teria will be addressed to the maximum extent pore. Without objection, it is so or- the Competition in Contracting Act of 1984 practicable in any contract, delivery order, or dered. and the Federal Acquisition Regulations;

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15948 CONGRESSIONAL RECORD — SENATE December 19, 2007 (ii) the procurement and the use of a pri- financial interest in any part of the Inte- Guard’s Integrated Deepwater Program may vate sector entity as a lead systems inte- grated Deepwater Program as of the date of not be executed by the Coast Guard until the grator for the procurement is in the best in- enactment of this Act or in any alternative Commandant certifies that— terest of the Federal government; and being considered. (1) appropriate market research has been (iii) the requirements of subsection (c) are (c) ANALYSIS.—The alternatives analysis conducted prior to technology development met with respect to such procurement. provided pursuant to the contract under sub- to reduce duplication of existing technology (2) AWARDS TO TIER 1 SUBCONTRACTORS.— section (b) for procurements and feasible al- and products; The Coast Guard may award to any Tier 1 ternatives shall include— (2) the technology has been demonstrated subcontractor or subcontractor below the (1) an examination of capability, interoper- to the maximum extent practicable in a rel- Tier 1 level any procurement that it could ability, and other advantages and disadvan- evant environment; award to a lead systems integrator under tages; (3) the technology demonstrates a high paragraph (1). (2) an evaluation of whether different likelihood of accomplishing its intended mis- (3) REPORT ON DECISION-MAKING PROCESS.— quantities of specific assets could meet the sion; If the Commandant determines under sub- Coast Guard’s overall performance needs; (4) the technology is affordable when con- paragraph (B) or C) of paragraph (1) that the (3) a discussion of key assumptions and sidering the per unit cost and the total pro- Coast Guard will use a private sector lead variables, and sensitivity to changes in such curement cost in the context of the total re- systems integrator for a procurement, the assumptions and variables; sources available during the period covered Commandant shall notify in writing the Sen- (4) an assessment of technology risk and by the Integrated Deepwater Program; ate Committee on Commerce, Science, and maturity; (5) the technology is affordable when con- Transportation and the House of Representa- (5) an evaluation of safety and performance sidering the ability of the Coast Guard to ac- tives Committee on Transportation and In- records; complish its missions using alternatives, frastructure of its determination and shall (6) a calculation of costs, including life- based on demonstrated technology, design, provide a detailed rationale for the deter- cycle costs; and and knowledge; mination. (7) a business case of viable alternatives. (6) funding is available to execute the con- (c) LIMITATION ON LEAD SYSTEMS INTEGRA- (d) REPORT TO CONGRESS.—As soon as pos- tract, delivery order, or task order; and TORS.—Neither an entity performing lead sible after an alternatives analysis has been (7) the technology complies with all rel- systems integrator functions for a procure- completed, the Commandant shall develop a evant policies, regulations, and directives of ment under, or in support of, the Integrated plan for the procurements addressed in the the Coast Guard. Deepwater Program, nor a Tier 1 subcon- analysis, as well as procurements described (b) LIMITATION.—Nothing in this section tractor, for any procurement described in in subsection (a) for which no alternatives shall prevent the Coast Guard from exe- subparagraph (B) or (C) of subsection (b)(1) analysis is required, and shall transmit a re- cuting contracts or issuing delivery orders or may have a financial interest in a subcon- port describing the plan, and the schedule task orders, for research and development or tractor below the tier 1 subcontractor level and costs for delivery of such procurements technology demonstrations under, or in sup- unless— to the Senate Committee on Commerce, port of, the Integrated Deepwater Program. (1) the subcontractor was selected by the Science, and Transportation and the House (c) REPORT TO CONGRESS.—The Com- Coast Guard through full and open competi- of Representatives Committee on Transpor- mandant shall transmit a copy of each cer- tion for such procurement; tation and Infrastructure. tification required under subsection (a) to (2) the procurement was awarded by the (e) EXPERIMENTAL, TECHNICALLY IMMATURE the Senate Committee on Commerce, lead systems integrator or a subcontractor SYSTEMS.— Science, and Transportation and the House through full and open competition; (1) IN GENERAL.—No procurement of an ex- of Representatives Committee on Transpor- (3) the procurement was awarded by a sub- perimental or technically immature major tation and Infrastructure within 30 days contractor through a process over which the asset may be awarded under the Integrated after the completion of the certification. lead systems integrator or a Tier 1 subcon- Deepwater Program until an alternatives SEC. 5. CONTRACT REQUIREMENTS. tractor exercised no control; or analysis has been conducted for such asset. The Commandant shall ensure that any (4) the Commandant has determined that The alternatives analysis shall include the contract, delivery order, or task order for the procurement was awarded in a manner same components as those set forth in sub- procurement under, or in support of, the In- consistent with the Competition in Con- section (c). In addition, the alternatives tegrated Deepwater Program executed by the tracting Act of 1984 and the Federal Acquisi- analysis shall also include— Coast Guard after the date of enactment of tion Regulations. (A) an examination of likely research and this Act— (d) RULE OF CONSTRUCTION.—The limitation development costs and the levels of uncer- (1) addresses the recommendations related in subsection (b)(1)(A) on the quantity and tainty associated with such estimated costs; to award fee determination and award term specific type of assets to which subsection (B) an examination of likely production evaluation made by the Government Ac- (b) applies shall not be construed to apply to and deployment costs and the levels of un- countability Office in its March, 2004, report the modification of the number or type of certainty associated with such estimated entitled Coast Guard’s Deepwater Program any subsystems or other components of a costs; Needs Increased Attention to Management vessel or aircraft described in subsection (C) an examination of likely operating and and Contractor Oversight, GAO–04–380, in- (b)(1)(B) or (C). support costs and the levels of uncertainty cluding the recommendation that any award SEC. 3. ALTERNATIVES ANALYSIS. associated with such estimated costs; or incentive fee be tied to program out- (a) IN GENERAL.—Except with respect to a (D) if they are likely to be significant, an comes; procurement described in subparagraph (A) examination of likely disposal costs and the (2) addresses any subsequent Government or (B) of section 2(b)(1) of this Act, or a pro- levels of uncertainty associated with such Accountability Office recommendations that curement for which a request for proposals estimated costs; are issued at least 30 days prior to the execu- consistent with the Federal Acquisition Reg- (E) an analysis of the risks to production tion of the contract, delivery order or task ulations has been issued before the date of cost, schedule, and life-cycle cost resulting order when such recommendations are rel- enactment of this Act, no procurement of a from the experimental, technically imma- evant to the contract terms; major asset may be awarded under the Inte- ture nature of the systems under consider- (3) provides that certification of any Inte- grated Deepwater Program after the date of ation; and grated Deepwater Program procurement for enactment of this Act until an alternatives (F) such additional measures the Com- performance, safety, and other relevant fac- analysis has been conducted under this sec- mandant determines to be necessary for ap- tors determined by the Commandant will be tion. propriate evaluation of the asset. conducted by an independent third party; (b) INDEPENDENT ANALYSIS.—As soon as (2) REPORT.—As soon as possible after an (4) does not include— possible, but no later than 120 days after the alternatives analysis pursuant to this sub- (A) provisions that commit the Coast date of enactment of this Act, the Com- section has been completed, the Com- Guard without express written approval by mandant shall execute a contract for an al- mandant shall transmit a report that pro- the Coast Guard; or ternatives analysis with a Federally Funded vides a detailed summary of the findings of (B) any provision allowing for equitable ad- Research and Development Center, a quali- the analysis, a plan for the procurements ad- justment that differs from the Federal Ac- fied entity of the Department of Defense, or dressed in the analysis, and the schedule and quisition Regulations; a similar independent third party entity that costs for delivery of such procurements to (5) meets the requirements of the Coast has appropriate acquisition expertise for the Senate Committee on Commerce, Jus- Guard Major Systems Acquisition independent analysis of all of the proposed tice, and Transportation and the House of COMDTINST Manual 5000.10(series); and procurements under, or in support of, the In- Representatives Committee on Transpor- (6) for any contract, contract modification, tegrated Deepwater Program, including pro- tation and Infrastructure. or award term extending the existing Inte- curements described in section 2(b)(1)(B), and SEC. 4. CERTIFICATION. grated Deepwater Program contract term— for any future major changes of such pro- (a) IN GENERAL.—After the date of enact- (A) is reviewed by, and addresses rec- curements. The Commandant may not con- ment of this Act, a contract, delivery order, ommendations made by, the Under Secretary tract under this subsection for such an anal- or task order exceeding $10,000,000 for pro- of Defense for Acquisition, Technology, and ysis with any entity that has a substantial curement under, or in support of, the Coast Logistics through the Defense Acquisition

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15949 University in its Quick Look Study dated (1) contains an assessment of current Coast (C) the current procurement unit cost and February 5, 2007; and Guard acquisition and management capabili- the complete history of changes to that cost (B) does not include any minimum require- ties to manage procurements under or in from the schedule and costs described in the ments for the purchase of a given or deter- support of the Integrated Deepwater Pro- plan submitted under section 3(d); and minable number of specific assets. gram; (D) a full life-cycle cost analysis for each SEC. 6. IMPROVEMENTS IN COAST GUARD MAN- (2) includes recommendations as to how asset or class of assets for which a report is AGEMENT. the Coast Guard can improve its acquisition being submitted under paragraph (1). (a) IN GENERAL.—As soon as practicable management, either through internal re- (3) SUBSTANTIAL VARIANCES IN COSTS OR after the date of enactment of this Act, the forms or by seeking acquisition expertise SCHEDULE.—If a likely cost overrun is greater Commandant shall take action to ensure from the Department of Defense; and than 20 percent or a likely delay is greater that— (3) addresses specifically the question of than 12 months from the schedule and costs (1) the measures contained in the Coast whether the Coast Guard can better leverage described in the plan submitted under sec- Guard’s report entitled Coast Guard: Blue Department of Defense or other agencies’ tion 3(d) or, if the plan has been revised, Print for Acquisition Reform are imple- contracts that would meet the needs of the from the schedule and costs described in the mented fully; Integrated Deepwater Program in order to revised plan, the Commandant shall include (2) any additional measures for improved obtain the best possible price. in the report required under paragraph (1) a management recommended by the Defense SEC. 8. PROCUREMENT AND REPORT REQUIRE- written certification, with a supporting ex- Acquisition University in its Quick Look MENTS. planation, that— Study of the United States Coast Guard (a) PROCUREMENT SCHEDULES.— (A) the asset or asset class is essential to Deepwater Program, dated February 5, 2007, (1) BUDGET JUSTIFICATION DOCUMENTS.— the accomplishment of Coast Guard mis- are implemented; Each calendar year, not later than 45 days sions; (3) integrated product teams, and all high- after the President submits the budget to (B) there are no alternatives to such asset er-level teams that oversee integrated prod- Congress under section 1105 of title 31, or asset class which will provide equal or uct teams, are chaired by Coast Guard per- United States Code, the Commandant shall greater capability in a more cost-effective sonnel; and submit to Congress budget justification doc- and timely manner; (4) the Assistant Commandant for Engi- uments regarding development and procure- (C) the new estimates of the program ac- neering and Logistics is designated as the ment schedules for each asset of the Inte- quisition unit cost or procurement unit cost Technical Authority for all design, engineer- grated Deepwater Program for which any are reasonable; and ing, and technical decisions for the Inte- funds for procurement are requested in that (D) the management structure for the ac- grated Deepwater Program. budget. quisition program is adequate to manage and (b) TRANSFER.— (2) REQUIRED DOCUMENTS.—The budget jus- control program acquisition unit cost or pro- (1) IN GENERAL.—Section 93(a) of title 14, tification documents required to be sub- curement unit cost. United States Code, is amended— mitted under paragraph (1) for each asset for (4) CERTIFIED ASSETS AND ASSET CLASSES.— (A) by striking ‘‘and’’ after the semicolon which funds for procurement are requested If the Commandant certifies an asset or in paragraph (23); in the budget include— asset class under paragraph (3), the require- (B) by striking ‘‘appropriate.’’ in para- (A) the development schedule for each ments of this subsection shall be based on graph (24) and inserting ‘‘appropriate; and’’; asset and asset class, including estimated the new estimates of cost and schedule con- and annual costs until development is completed; tained in that certification. (C) by adding at the end thereof the fol- (B) the procurement schedule for each (5) DEFINITIONS.—In this subsection: lowing: asset and asset class, including estimated (A) LIFE-CYCLE COST.—The term ‘‘life-cycle ‘‘(25) notwithstanding any other provision annual costs and units to be procured until cost’’ means all costs for development, pro- of law, in any fiscal year transfer funds made procurement is completed; curement, construction, and operations and available for personnel, compensation, and (C) any variances in schedule or cost from support for a particular asset, without re- benefits from the appropriation account ‘Ac- the schedule and costs described in the plan gard to funding source or management con- quisition, Construction, and Improvement’ submitted under section 3(d); and trol. to the appropriation account ‘Operating Ex- (D) a projection of the remaining oper- (B) PROCUREMENT UNIT COST.—The term penses’ for personnel compensation and bene- ational lifespan of each legacy asset and pro- ‘‘procurement unit cost’’ means the amount fits and related costs necessary to execute jected costs for sustaining such assets. equal to the total of all funds programmed to new or existing procurements of the Coast (b) QUARTERLY STATUS UPDATE.—The Com- be available for obligation for procurement Guard.’’. mandant shall provide an update on the sta- of a given asset class divided by the number (2) NOTIFICATION.—Within 30 days after tus of the Integrated Deepwater Program to of assets to be procured. making a transfer under section 93(a)(25) of the Senate Committee on Commerce, (C) PROGRAM ACQUISITION UNIT COST.—The title 14, United States Code, the Com- Science, and Transportation and the House term ‘‘program acquisition unit cost’’ means mandant shall notify the Senate Committee of Representatives Committee on Transpor- the amount equal to the total cost for devel- on Commerce, Science, Transportation and tation and Infrastructure at the beginning of opment, procurement, and construction for Infrastructure, the Senate Committee on Ap- the first full fiscal year quarter after the each class of assets divided by the total num- propriations, the House Committee on date of enactment of this Act, and at the be- ber of assets in each class. Transportation and Infrastructure, and the ginning of each subsequent fiscal year quar- (d) PATROL BOAT REPORT.—Not later than House Committee on Appropriations. ter. 90 days after the date of enactment of this SEC. 7. DEPARTMENT OF DEFENSE CONSULTA- (c) REPORTING ON COST OVERRUNS AND Act the Commandant shall submit to the TION. DELAYS.— Committee on Commerce, Science, and (a) IN GENERAL.—The Coast Guard shall (1) REPORT REQUIRED.—The Commandant Transportation of the Senate and the Com- make arrangements as appropriate with the shall submit a report to the Senate Com- mittee on Transportation and Infrastructure Department of Defense for support in con- mittee on Commerce, Science, and Transpor- of the House of Representatives a report on tracting and management of procurements tation and the House of Representatives how the Coast Guard plans to manage the under the Integrated Deepwater Program. Committee on Transportation and Infra- annual readiness gap of lost time for 110-foot The Coast Guard shall also seek opportuni- structure as soon as possible, but not later patrol boats from fiscal year 2008 through ties to leverage off of Department of Defense than 30 days after the Deepwater Program fiscal year 2014. The report shall include— contracts, and contracts of other appropriate Executive Officer becomes aware of— (1) a summary of the patrol hours that will agencies, to obtain the best possible price for (A) a likely cost overrun greater than 10 be lost due to delays in replacing the 110-foot Integrated Deepwater Program assets. No percent of the program acquisition unit cost, cutters and reduced capabilities of the 110- later than one year after the date of enact- the procurement unit cost, or the life cycle foot cutters that have been converted; ment of this Act, the Commandant of the cost of an individual asset or a class of assets (2) an identification of assets that may be Coast Guard shall provide a report to the under the Integrated Deepwater Program; or used to alleviate the annual readiness gap of Senate Committee on Commerce, Science, (B) a likely delay of more than 6 months in lost time for such patrol boats; and Transportation and the House of Rep- the delivery schedule for any individual (3) a projection of the remaining oper- resentatives Committee on Transportation asset or class of assets under the Integrated ational lifespan of the 110-foot patrol boat and Infrastructure on agreements and other Deepwater Program. fleet; arrangements concluded pursuant to this (2) REQUIRED CONTENT.—The report shall (4) a description of how extending through subsection. include— fiscal year 2014 the transfer agreement be- (b) ASSESSMENT.—Within 180 days after the (A) a detailed explanation for the variance tween the Coast Guard and the United States date of enactment of this Act, the Comp- or delay; Navy for 5 Cyclone class 179-foot patrol troller General shall transmit a report to the (B) the current program acquisition unit coastal ships would effect the annual readi- Senate Committee on Commerce, Science, cost and the complete history of changes to ness gap of lost time for 110-foot patrol and Transportation and the House of Rep- that cost from the schedule and costs de- boats; and resentatives Committee on Transportation scribed in the plan submitted under section (5) an estimate of the cost to extend the and Infrastructure that— 3(d); operational lifespan of the 110-foot patrol

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15950 CONGRESSIONAL RECORD — SENATE December 19, 2007 boat fleet for each of fiscal years 2008 (3) an assessment of how much program House-Senate negotiated compromise through 2014. costs under the Deepwater program have in- did not make it as part of the final bill. (e) REPORT ON C4ISR.—Not later than 90 creased as a result of any such decision; and In November, Senator SNOWE and I days after the date of enactment of this Act, (4) an assessment of whether the Coast sought to pass this bill in the Senate the Commandant shall submit to the Senate Guard or Integrated Coast Guard Systems is only to meet with objections from my Committee on Commerce, Science, and responsible for the payment of any cost over- Transportation and the House of Representa- runs associated with any such decision. respected colleague from Oklahoma. I tives Committee on Transportation and In- SEC. 11. DEFINITIONS. am pleased to say that Senator COBURN frastructure a report on the manner in which In this Act: has worked with me in good faith and the Coast Guard is resolving the problems (1) COMMANDANT.—The term ‘‘Com- that we have reached an agreement and responding to the recommendations con- mandant’’ means the Commandant of the that addresses his concerns. We have tained in the August 2006 Department of United States Coast Guard. sought to protect the language that Homeland Security Inspector General Report (2) INTEGRATED DEEPWATER PROGRAM.—The the House and Senate agreed upon and entitled Improvements Needed in the Coast term ‘‘Integrated Deepwater Program’’ done our utmost to improve the re- Guard’s Acquisition and Implementation of means the Integrated Deepwater Systems Deepwater Information Technology Systems. sources that are available to our Na- Program described by the Coast Guard in its tion’s veterans. Although this bill is (f) AMENDMENT OF 2006 ACT.—Section 408(a) Report to Congress on Revised Deepwater of the Coast Guard and Maritime Transpor- Implementation Plan, dated March 25, 2005, not perfect or exactly as I may have tation Act of 2006 is amended— including any subsequent modifications, re- envisioned, it is an important step for- (1) by striking paragraphs (1) and (3); and visions, or restatements of the Program. ward in supporting the American (2) by redesignating paragraphs (2) and (4) (3) PROCUREMENT.—The term ‘‘procure- dream of business ownership for vet- through (8) as paragraphs (1) through (6), re- ment’’ includes development, production, erans and reservists. spectively. sustainment, modification, conversion, and Passing these provisions into law has SEC. 9. GAO REVIEW AND RECOMMENDATIONS. missionization. been one of my highest priorities since (a) AWARD FEE AND AWARD TERM CRI- f becoming chairman of the Committee TERIA.—The Coast Guard shall consult with the Comptroller General to ensure that the ENERGY BILL SIGNING on Small Business and Entrepreneur- ship in January. My first hearing as Government Accountability Office’s rec- Mr. REID. Mr. President, I just re- ommendations, in its March, 2004, report en- chairman was devoted to veteran small titled Coast Guard’s Deepwater Program turned from the White House for the business issues, and this bill arises di- Needs Increased Attention to Management signing of the Energy bill. It is impor- rectly from the complaints that we and Contractor Oversight, GAO–04–380, and tant to note Senator CANTWELL was heard there. America’s veterans and re- any subsequent Government Accountability not at the signing but how important servists have sacrificed enough in Office recommendations with respect to she was. She is not a committee chair, fighting for our country; they award fee and award term criteria will be ad- but she was extremely valuable in ev- dressed to the maximum extent practicable shouldn’t have to sacrifice their jobs erything we did getting that Energy and their livelihoods when they come in any contract, delivery order, or task order bill passed. She was instrumental in or extension of the existing contract for pro- home. curement under or in support of the Inte- working out a number of disputes keep- There are 25 million veterans in this grated Deepwater Program entered into after ing the bill from passing. But with her country. In the last 4 years, alone, the date of enactment of this Act. hard work, when she focuses on some- nearly 600,000 veterans have returned (b) OTHER RECOMMENDATIONS.—The Com- thing, it really helps a lot. I have had from serving in Iraq and Afghanistan. mandant shall ensure that all other rec- experience with her in the past. Her Roughly 56 percent are reserve and Na- ommendations in that report, and any subse- work on the Energy bill was extremely quent recommendations issued before March tional Guard members, who continue invaluable. I appreciate her help very to serve this Nation at unprecedented 1, 2007, are implemented to the maximum ex- much. tent practicable by the Coast Guard within 1 levels. This is taking a toll not just on year after the date of enactment of this Act, f their families, but on their businesses and implement subsequent recommendations NATIONAL RESERVIST AND VET- as well. We are in an era where employ- to the maximum extent practicable as they ers do not want to hire reservists be- arise. ERAN SMALL BUSINESS REAU- THORIZATION AND OPPOR- cause they know they will be called up (c) GAO REPORTS ON IMPLEMENTATION.—Be- for lengthy deployments. At a Small ginning 6 months after the date of enact- TUNITY ACT OF 2007 ment of this Act, the Comptroller General Business Committee hearing on vet- Mr. REID. Mr. President, I ask unan- erans’ issues earlier this year, one of shall submit an annual report to the Senate imous consent that the Small Business Committee on Commerce, Science, and the witnesses raised concerns about a Transportation and the House of Representa- and Entrepreneurship Committee be lack of employer support for reservists tives Committee on Transportation and In- discharged from further consideration due to the new policy that allows re- frastructure on the Coast Guard’s progress in of S. 1784 and the Senate then proceed servists to be called up for a second implementing the provisions of this Act, the to its immediate consideration. tour of 24 months. Government Accountability Office’s rec- The ACTING PRESIDENT pro tem- I am also deeply concerned that re- ommendations, in its March, 2004, report en- pore. Without objection, it is so or- cently discharged veterans have a high- titled Coast Guard’s Deepwater Program dered. er unemployment rate—double that of Needs Increased Attention to Management The clerk will report the bill by title. and Contractor Oversight, GAO–04–380, and their civilian counterparts. In addition, any subsequent Government Accountability The legislative clerk read as follows: the number of service disabled veterans Office recommendations issued before March A bill (S. 1784) to amend the Small Busi- is increasing—167,000 discharged be- 1, 2007. ness Act to improve programs for veterans, tween 2002 and 2005— and their self-em- SEC. 10. INSPECTOR GENERAL REVIEW OF DEEP- and for other purposes. ployment rate is lower than the na- WATER PROGRAM. There being no objection, the Senate tional average. Not later than 240 days after the date of proceeded to consider the bill. This bill is a first step in addressing the enactment of this Act, the Inspector Mr. KERRY. Mr. President, a few these concerns and it builds on impor- General of the Department of Homeland Se- months ago, I introduced the Military curity shall submit to the Secretary, and to tant lessons we learned from Vietnam, Congress, a report on the acquisition of as- Reservist and Veteran Small Business not to leave another generation of vet- sets under the Deepwater program. The re- Reauthorization and Opportunity Act. erans behind. port shall include— As the chairman of the Senate Com- The Military Reservists and Veteran (1) a description of each decision, if any, of mittee on Small Business and Entre- Small Business Reauthorization and the Coast Guard or Integrated Coast Guard preneurship, I was gratified that I was Opportunity Act of 2007 takes a number Systems relating to the acquisition of assets able to work with Ranking Member of steps to improve the Government’s under the Deepwater program that directly Senator SNOWE on behalf of this Na- role in supporting our veterans. Spe- or indirectly resulted in cost overruns or tion’s veterans. I was also pleased that cifically, it reauthorizes the veteran program cost increases to the United States; (2) an assessment whether any decision this bill was added by unanimous con- programs in the Small Business Ad- covered by paragraph (1) violated the terms sent as an amendment to the Depart- ministration. This legislation increases of the contract of Integrated Coast Guard ment of Defense Authorization, al- the funding authorization for the Office Systems for the Deepwater program; though disappointed when the final of Veteran Business Development from

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15951 $2 million today to $2.3 million over 2 their needs. At the hearing on January ness Outreach Centers and requires years. In light of the large numbers of 31, we heard suggestions for a number them to improve their participation in veterans returning from Iraq and Af- of changes which would improve the the Transition Assistance Program. ghanistan and increased responsibil- Military Reservist Economic Injury This bill also creates a program reduc- ities placed on this office by Executive Disaster Loan program, and I have in- ing 7(a) loan fees for veterans, im- Order 13360, it is high time that the Of- cluded those changes in this bill. They proves Small Business Development fice of Veteran Business Development include increasing the application Centers outreach to the veteran com- receive the funding levels that it needs. deadline for such a loan from 90 days to munity and instructs the Associate Ad- The bill also creates an Interagency 1 year following the date of discharge; ministrator of the Office of Veterans Task Force to improve coordination creating a predeployment loan ap- Business Development to create and between agencies in administrating proval process; and improved outreach disseminate information aimed at in- veteran small business programs. One and technical assistance. forming women veterans about the re- of the biggest complaints that our This bill also increases to $50,000 the sources available to them. I am pleased committee heard at the ‘‘Assessing amount SBA can disburse without re- that the House and Senate were able to Federal Small Business Assistance Pro- quiring collateral under the MREIDL come to an agreement on these provi- grams for Veterans and Reservists’’ program. Reservist families have al- sions. hearing held on January 31 was that ready sacrificed enough when a family Veterans possess great technical Federal agencies do not work together member goes away to serve their coun- skills and valuable leadership experi- in reaching out to veterans and inform- try and when their business is harmed ence, but they require financial re- ing them about small business pro- as a result. This loan program would sources and small business training to grams. This task force is an attempt to allow reservist dependent businesses to turn that potential into a viable enter- improve that. The task force will focus access the capital they need to stay prise. A recent report by the Small on increasing veterans’ small business afloat without having to sacrifice be- Business Administration stated that 22 success, including procurement and yond the service of the key employees. percent of veterans plan to start or are franchising opportunities, access to In order to give reservists time to starting a business when they leave the capital, and other types of business de- repay the loans, the non-collaterized military. For service-disabled veterans, velopment assistance. loan created in this bill would not ac- this number rises to 28 percent. This bill also permanently extends cumulate interest or require payments We owe veterans and reservists more the SBA Advisory Committee on Vet- for one year or until after the deploy- than a simple thank you for their serv- erans Business Affairs. The committee ment ends, whichever is longer. ice. The least we can do is provide crit- was created to serve as an independent There are two more provisions which ical resources to help them start and source of advice and policy rec- will help this Nation’s service mem- grow small business and to hold Fed- ommendations to the SBA, the Con- bers. One section of the bill will require eral agencies accountable. That is what gress, and the President. The veteran the SBA to give priority to MREIDL our bill does. small business owners who serve on loans during loan processing. Another Ms. SNOWE. Mr. President, I rise this committee provide a unique per- provision will give activated today to once again urge my colleagues spective which is sorely needed at this servicemembers an extension of any to support passage of S. 1784, the Mili- challenging time. Unfortunately, con- SBA time limitations equal to the time tary Reservist and Veteran Small Busi- tinuing uncertainty about the commit- spent on active duty. This will make it ness Reauthorization and Opportunity tee’s future has, at times, distracted easier for service members to serve Act of 2007, offered by Senator KERRY the committee from focusing on its their country while continuing to meet and me, chair and ranking member of core function. Therefore, I have called their obligations at home. the Senate Committee on Small Busi- for its permanent extension. It is clear Lastly, this bill calls for two reports. ness and Entrepreneurship. I have spo- to me that more needs to be done to One report will look at the needs of ken about this bill on multiple occa- address the issues facing veterans and service-disabled veterans who are in- sions because it is truly critical that reservists, and the role this committee terested in becoming entrepreneurs. As our fellow colleagues, in each Chamber plays will continue to be important. a result of the war on terror and im- and both sides of the aisle, continue to Additionally, I have taken a number proved medicine, we are seeing more collaborate on our veterans’ behalf and of steps to better serve the reservists service-disabled veterans than we have support swift passage of this legisla- who are serving their country abroad seen in decades. For some service-dis- tion. This bipartisan legislation con- while their businesses are suffering at abled veterans, entrepreneurship is the tains key provisions from both S. 904, home. Over the past decade, the De- best or only way of achieving economic the Veterans Small Business Oppor- partment of Defense has increased its independence. Therefore, it is essential tunity Act of 2007, which I introduced reliance on the National Guard and re- that we understand and take steps to in March, and Senator KERRY’s S. 1005, serves. This has intensified since Sep- address the needs of the service-dis- Military Reservist and Veteran Small tember 11 and increased deployments abled veteran entrepreneur or small Business Reauthorization Act of 2007. are expected to continue. The effect of business owner. This legislation would have an imme- this increase on reservists and small This bill also calls for a study to in- diate impact on our men and women businesses continues to remain of con- vestigate how to improve relations be- fighting around the globe for the free- cern. A 2003 GAO report indicated that tween reservists and their employers. doms we enjoy every day. First, our 41 percent of reservists lost income In January, the committee heard that bill makes vast improvements to the when mobilized. This had a higher ef- recent changes by the Department of Small Business Administration’s, SBA, fect on self-employed reservists, 55 per- Defense to policies regulating the Military Reservist Economic Disaster cent of whom lost income. length and frequency of reservist de- Loan, MREIDL, program. The MREIDL In 1999, I created the Military Reserv- ployments is harming the ability of re- program provides funds to businesses ist Economic Injury Disaster Loan, servists to find jobs and the ability of to meet ordinary and necessary busi- MREIDL, program to provide loans to small business owners to continue hir- ness expenses that they could have small businesses that incur economic ing them. Understanding more about made, if not for the deployment of a re- injury as a result of an essential em- this issue is important and essential to servist who is one of their essential ployee being called to active duty. making sure that policymakers can employees. However, since 2002, fewer than 300 of continue to support citizen soldiers and Specifically, the bill establishes a these loans have been approved by the the small businesses that employ them. pre-application process so businesses SBA, despite record numbers of reserv- The bill also includes a number of can be prepared, in advance, to apply ists being called to active duty. It is other important provisions that were for an MREIDL and includes a provi- clear that changes need to be made, so added by the House. For instance, this sion allowing businesses up to one that reservists are informed about the bill includes language directing the Of- year, as opposed to 90 days, to apply. availability of the MREIDL program fice of Veterans Business Develop to in- The legislation increases, from $1.5 and that the program better meets crease the number of Veterans Busi- million to $2 million, the maximum

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15952 CONGRESSIONAL RECORD — SENATE December 19, 2007 MREIDL loan a business can take and ‘‘(3) DUTIES.—The task force shall— (1) the barriers in place arising from Fed- raises, from $5,000 to $50,000, the level ‘‘(A) consult regularly with veterans serv- eral regulations for veterans who wish to be- of uncollateralized MREIDL loans ice organizations and military organizations come entrepreneurs; available to businesses. Finally, our in performing the duties of the task force; (2) the barriers in place arising from the and tax code for veterans who wish to become en- changes to the MREIDL program would ‘‘(B) coordinate administrative and regu- trepreneurs; and allow the SBA administrator to defer latory activities and develop proposals relat- (3) any recommendations for how best to the payment of principal and interest ing to— eliminate those barriers to better assist cur- while the employee is deployed. ‘‘(i) improving capital access and capacity rent or prospective veteran small business The bill would also create a new of small business concerns owned and con- owners. interagency task force to coordinate trolled by service-disabled veterans and The substitute amendment (No. 3885), the efforts of Federal agencies nec- small business concerns owned and con- as amended, was agreed to. essary to increase capital and business trolled by veterans through loans, surety bonding, and franchising; (The amendment is printed in today’s development opportunities for, and in- ‘‘(ii) ensuring achievement of the pre-es- RECORD under ‘‘Text of Amendments.’’) crease the award of Federal con- tablished Federal contracting goals for small The bill was ordered to be engrossed tracting opportunities to, small busi- business concerns owned and controlled by for a third reading and was read the nesses owned and controlled by vet- service-disabled veterans and small business third time. erans. This type of coordinated and concerns owned and controlled by veterans The bill (H.R. 4253), as amended, was targeted effort by our Federal Govern- through expanded mentor-prote´ge´ assistance ordered to be read a third time, was ment is long overdue. and matching such small business concerns read the third time and passed. Additionally, today’s legislation with contracting opportunities; ‘‘(iii) increasing the integrity of certifi- f would increase funding for the SBA’s cations of status as a small business concern RECOGNITION OF THE MINORITY Office of Veterans Business Develop- owned and controlled by service-disabled LEADER ment, and permanently extend the du- veterans or a small business concern owned ties and responsibilities of the SBA Ad- and controlled by veterans; The ACTING PRESIDENT pro tem- visory Committee on Veterans Busi- ‘‘(iv) reducing paperwork and administra- pore. The minority leader is recog- ness Affairs. It would also allow small tive burdens on veterans in accessing busi- nized. businesses owned and operated by vet- ness development and entrepreneurship op- f erans to extend their SBA program portunities; ‘‘(v) increasing and improving training and YEAR-END LEGISLATIVE WRAP-UP participation time limitations by the counseling services provided to small busi- duration of their owner’s deployment. Mr. MCCONNELL. Mr. President, last ness concerns owned and controlled by vet- night, when everybody was rushing While I have not provided an exhaus- erans; and tive list of this bill’s provisions and all ‘‘(vi) making other improvements relating around in the well during the last vote that it would do, a simple review of the to the support for veterans business develop- and wishing each other a Merry Christ- legislation will reveal that it goes far ment by the Federal Government. mas, I was reminded of something Sen- toward helping our Nation’s veteran On page 9, strike line 13 and all that fol- ator LOTT said yesterday morning. He lows through page 10, line 8, and insert the entrepreneurs and our patriotic small told us not to forget that we all have following: normal lives and families to get home businesses that employ reservists, de- ‘‘(e) WOMEN VETERANS BUSINESS TRAIN- to and the same basic concerns in life spite the risk that deployments entail. ING.—The Associate Administrator shall— To that end, I once again urge my col- ‘‘(1) compile information on existing re- as everybody else; and that if we forget leagues to join us in support of this sources available to women veterans for that, then this body is in serious trou- bill. business training, including resources for— ble. Mr. REID. I understand there is a ‘‘(A) vocational and technical education; It is in that spirit that I would like ‘‘(B) general business skills, such as mar- to wrap up the year in pretty much the substitute amendment at the desk. I keting and accounting; and ask unanimous consent that the same way I tried to open it, by urging ‘‘(C) business assistance programs targeted a little more cooperation and civility. Coburn amendment at the desk be con- to women veterans; and sidered agreed to; the substitute, as ‘‘(2) disseminate the information compiled About a year ago now, I called on my amended, be agreed to; the bill, as under paragraph (1) through Veteran Busi- colleagues from both sides of the aisle amended, be read a third time, and the ness Outreach Centers and women’s business to take advantage of the rare oppor- Senate then proceed to H.R. 4253, which centers.’’. tunity divided government gave us to is at the desk; that all after the enact- On page 11, strike line 10 and all that fol- tackle big issues on a bipartisan basis. lows through page 20, line 23, and insert the ing clause be stricken and the text of Beyond that, I said Republicans had a following: few basic priorities: keeping Americans S. 1784, as amended, be inserted in lieu SEC. 201. VETERANS ASSISTANCE AND SERVICES thereof; that the bill be advanced to PROGRAM. safe and secure, protecting their basic third reading, passed, and the motion On page 22, between lines 10 and 11, insert freedoms, protecting their wallets, and to reconsider be laid on the table; that the following: spending their money wisely. I said we any statements relating to this matter SEC. 202. DISASTER LOANS. would not hesitate to ensure these pri- Section 7(b)(3) of the Small Business Act be printed in the RECORD without fur- orities by shaping worthy legislation (15 U.S.C. 636(b)(3)) is amended— or by blocking legislation that would ther intervening action or debate; and (1) in subparagraph (E), by striking ‘‘un- that S. 1784 then be placed on the cal- undermine them. less’’ and all that follows and inserting a pe- Looking back on the year, I think we endar. riod; and The ACTING PRESIDENT pro tem- (2) by inserting after subparagraph (I), the have been pretty successful at it. pore. Without objection, it is so or- following: Early on, Democrats presented us dered. ‘‘(J) There shall be reasonable assurance with a minimum wage bill that under- The amendment (No. 3886) was agreed that a loan recipient under this paragraph mined small businesses, and it did not to, as follows: can repay the loan of personal or business pass. When they agreed to include a tax cash flow.’’. break, it sailed through by a vote of 94– On page 4, line 25, strike ‘‘increase’’ and all On page 22, line 21, strike ‘‘waive’’ and all that follows through ‘‘opportunities to’’ on 3. We shaped that one. that follows through ‘‘date’’ on line 23 and A little later, Democrats gave us an page 5, line 2, and insert ‘‘improve capital insert ‘‘extend the ending date specified in and business development opportunities for, the preceding sentence by not more than 1 energy conservation bill that would and ensure achievement of the pre-estab- year’’. have led to higher taxes, and it did not lished Federal contracting goals for’’. On page 24, line 4, strike ‘‘shall’’ and insert pass. When they agreed to remove the On page 5, line 10, after the semicolon, add ‘‘may’’. tax hikes 6 months later, it passed eas- ‘‘and’’. On page 32, between lines 9 and 10, insert ily, 86–13. We shaped that one. On page 5, line 22, strike ‘‘; and’’ and insert the following: Then they offered to extend a ban on a period. (d) ADDITIONAL STUDY.—Not later than 180 On page 5, strike lines 23 through 25. days after the date of enactment of this Act, the AMT middle-class tax hike for 1 On page 6, strike line 1 and all that follows the Office of Advocacy of the Administration more year, but to cover the cost by im- through page 7, line 16, and insert the fol- shall submit to Congress a report describ- posing a new tax on the same 23 mil- lowing: ing— lion Americans who are about to be

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15953 whacked by it. The AMT was never All of us were put here by voters with now a lot determined by airplane meant to hit middle-class families, so a vastly different backgrounds who hold schedules, not Senate schedules. But new tax to pay for the mistake was vastly different views. And the fact on the one hand, when Senators are plainly unfair. When Democrats finally that we can work together and pass forced to think about having to be here took it out, the AMT fix passed the legislation that covers every one of and not do their fundraising over a Senate 88–5. We shaped that one. them is really the glory of this institu- weekend, or going back to their States, Again and again, we have insisted the tion and this country. But we will we tend to get a lot done. We have had minority be heard and, in the end, we never be able to do that if we are not to, on occasion—several occasions this were. We have shaped a lot of legisla- gentlemanly and respectful. TRENT had year—say we are going to have to be in tion this year to ensure that Repub- it right. We can’t lose sight of the im- on the weekend, but with the exception lican priorities were addressed. We are portant things. of one weekend, or maybe two week- proud of it. In that spirit, I thank all of our col- ends, we were able to get the same We have also stopped a lot of things leagues and staffs on both sides of the amount of work done had we stayed that we thought would undermine our aisle, Republicans and Democrats, for here all weekend. security. all the sacrifices they have made this So, again, I say to my friend, the The most prominent example, of year and for all the grief they took Senator from Kentucky, the Repub- course, is Iraq. After last night, Senate from their constituents, their wives, lican leader, we have a lot to look for- Democrats had held 34 votes this year their husbands, and their kids for liv- ward to next year. We are going to see related to the war in Iraq. And on ing the kind of life we all live in this a new President to replace President every one that either attempted to sub- fishbowl. I know a lot of them are on Bush. We hope that will create, in the stitute our judgment for the judgment their way home at the moment. I am last year of President Bush’s term, of our commanders or cut off funds for glad they are. I must say I am not far more cordiality between the two of us. our men and women in the field, we behind. But I do want to wish them all I have a meeting later today with the prevailed. a very warm, happy, and Merry Christ- President’s Chief of Staff. I hope that So we have shaped a lot of things we mas with their families. will bear fruit. One of the things we thought were worthy, things like the I might say to my good friend the have to work on is to try to not have AMT fix and the energy conservation majority leader and to all of our col- to be in session during the entire next bill. And we have proudly blocked some leagues, we are looking forward to a month. We have Senators lined up to things that we thought were just bad month off and then looking forward to cover that. I hope we can work some- ideas altogether, like pulling our getting back together at the end of thing out with the White House so that troops out of Iraq before the Petraeus January to see what we can accomplish is not necessary because there is a sig- Plan had time to take hold. next year for the American people. nificant number of Democratic nomi- But our intention from the start was I yield the floor. nations and a large number of Repub- always, if possible, to avoid confronta- The ACTING PRESIDENT pro tem- lican nominations we would like to tion as an end unto itself. The history pore. The majority leader. clear. Hopefully, we can do that later books are filled with examples of the Mr. REID. Mr. President, I have a today. things Congress achieved when oppo- statement I will give later in the day So I will be back later, but I do want site parties controlled the White House about what we have done this year. But to express my appreciation for the kind and the Congress. That was always our I want to take this opportunity to re- words and thoughts of my friend, the first option. ciprocate with the kind words the dis- Senator from Kentucky. Unfortunately, our friends seemed in- tinguished Republican leader said on tent on forcing votes all year, whether my behalf. f they be on Iraq or any number of do- Without in any way taking away RESERVATION OF LEADER TIME mestic issues, that never had a chance from the opportunities we have, Sen- The ACTING PRESIDENT pro tem- CCONNELL and I, as being Demo- of either passing the Senate or of be- ator M pore. Under the previous order, the cratic and Republican leaders of the coming law. The practical effect, of leadership time is reserved. course, is that very little would get ac- Senate, the majority and minority complished in the end. leaders of the Senate, these are won- f But it didn’t have to be that way. On derful opportunities, honors neither MORNING BUSINESS the bills I have mentioned, Democrats one of us would ever imagine we would had a choice: they could have presented have. I have been in government a long The ACTING PRESIDENT pro tem- us first with the version they knew we time, as has my friend the Republican pore. Under the previous order, there could cooperate on. Or, as we saw all leader. We both recognize that we have will now be a period of morning busi- too often, they could present us with a to set an example for the rest of the ness, with Senators permitted to speak partisan bill that could only serve body in patience, in cordiality, and for up to 10 minutes each, and that the them as a talking point. When they being gentlemen and friends to each Senator from Rhode Island, Mr. REED, chose the former, we racked up some other. I think we have done that. will be recognized for up to 30 minutes. serious accomplishments together. We have gone through some difficult The Senator from Wyoming. Over the last week, we have seen this times, criticized not each other person- f kind of cooperation work on the energy ally but as to what has taken place THANKING THE MAJORITY AND conservation bill and on the AMT. there has been criticism. That will con- REPUBLICAN LEADERS I have actually enjoyed working with tinue, and there is nothing wrong with the distinguished majority leader all that. I would like to say my criticism Mr. ENZI. Mr. President, I thank our year. I won’t be the first person to re- is constructive in nature, and I hope leaders for getting together and work- mark that he has a tough job. But he that is how I take any criticism that I ing things out so we were able to con- has shown a lot of patience this year, get from the other side. clude our votes late last night and and he has put up with a lot. So I want We have a lot to do next year. Next begin the Christmas recess. It was a re- to thank him for his collegiality and year will actually be more difficult lief to many to know they were not his friendship. than this year because we will be in the going to be here through Christmas due I also want to thank him once again midst of a Presidential election. For to complications that could arise from for speaking to the students at the me, though, I will have three Demo- airplanes. Today, though, I am going to McConnell Center in Louisville in Oc- cratic Senators back working full talk about something that is com- tober. It meant a lot to the students, time. That will be very pleasant. We pletely different. and it meant a lot to me. A lot of peo- will not have to try to arrange the f ple seem surprised when I tell them the schedule for all four of them. last two Senators I have had speak at Scheduling is hard because the Sen- TRIBUTE TO KATHERINE MCGUIRE the center are Senator KENNEDY and ate has changed over the years, even Mr. ENZI. Mr. President, I am joined Senator REID. since I have been here. Schedules are on the floor by Katherine McGuire,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15954 CONGRESSIONAL RECORD — SENATE December 19, 2007 who is the staff director of the Health, right from the start. She was able to do into law. For every one of them, Kath- Education, Labor, and Pensions Com- so because she is a natural leader. She erine was always there putting in long mittee. This will be her last time on leads the best way, and that is by ex- and extended hours, providing clear, the floor of the Senate. ample. People on my staff know they accurate leadership and advice and It was just about 11 years ago when I can approach her with any ideas or doing everything she could to make first came to Washington to serve the suggestions they have, confident she our team vision come true. people of Wyoming in the Senate. As will hear them out and help them with Whenever I get the chance, I like to soon as I arrived, the first item on my whatever issue areas they have been tell people who ask about my staff that agenda was to start to put staff to- assigned. I was very fortunate to hire the people gether. I knew it was an important Thanks to Katherine, we were able to I did. In fact, I still think that if staff first step because the key to whatever accomplish a great deal during my first work was an Olympic event, my staff success we are able to achieve is al- few years in the Senate. In more ses- would win the gold medal—and Kath- ways due in large part to the dedicated sions than I could ever count, Kath- erine would be the most valuable play- and loyal people who work with us and erine showed she was a great nego- er. for us. tiator and an even better strategist. Katherine was a natural fit for the In addition, that first staff is so im- She is the best networker I have ever captain of the team—a role she has portant to a new Senator because our seen. played very well. She is proof of the staffs help to set the tone for that first Her competitive spirit began to show wisdom of the old adage that a good Congress and the beginning of every itself in high school in her play on the captain makes everyone on the team Senate career. It is true that in the basketball team. It then expanded in better. Katherine has been such a good end, you are only as good and effective college, and then blossomed when she leader because she has always been as the people with whom you work and played professionally in Europe. You willing to do what was necessary to en- for whom you work—as it turns out do not want to try to rebound an issue sure a successful outcome. She has an sometimes. with her. unusual amount of abilities and tal- Now, I talked to everyone I could. I Then, when the opportunity came to ents, and an overdose of persistence went through a mountain of resumes chair the Senate Committee on Health, that has helped her to get things done. and slowly but surely began to make Education, Labor, and Pensions, once She has never been one to talk about some progress. In a short week, I went again, I knew I would need to put what she would like to accomplish; she through orientation—with the leader- someone in charge of my committee just takes action. ship of my wife, we bought a house— staff who could handle the responsi- In the West, we like to say she rides and I interviewed over 100 people for bility and the opportunity we would hard. That has helped her to earn the my staff. have to take action on some issues of respect and appreciation of not only As I reviewed the credentials of an great importance not only to the peo- my staff but all of the staffs she has impressive group of applicants, I knew ple of Wyoming but to the rest of worked with and developed close ties to I would need someone to head up my America as well. Once again, it did not over the years. staff who knew Wyoming. That meant take very long for me to feel certain I have always believed in something I would need to find someone who had that Katherine was the perfect choice called the 80 percent rule. I was not Wyoming roots and understood the for the committee staff director posi- surprised to discover that Katherine needs of my home State. In addition, tion. understood my 80 percent rule so well that person would need to know Wash- On the committee or on my personal because she had put it into practice ington and the Senate and how to help staff, Katherine has proven herself long ago without even knowing the me and the rest of the staff get things time and time again, and over the name. She knew that 80 percent of done. I knew it would not be good years she has made a difference in my every issue can be brought to agree- enough to work hard if that hard work work on a long list of topics that have ment. People usually are willing to ac- and determination did not produce the come to the Senate floor. It would be cept 80 percent instead of nothing. It is results that we were after. impossible to name them all. the other 20 percent that is difficult to It would not be easy to find someone I want to mention my first big bill, resolve. But by focusing on the 80 per- who was equally at home in both Wyo- though. It was drafted to keep Wash- cent, impossible problems become pos- ming and Washington, but when I had ington bureaucrats from being success- sible and can be solved around here. those qualifications in mind and start- ful in their determination to make Katherine was also there to help sup- ed looking for such a person, one can- methane gas into a solid, which, of port my vision to look for and find the didate rose to the top. That was Kath- course, would have taken away royal- third way in dealing with conflicts. Her erine McGuire, and she was clearly the ties from property owners and even philosophy has always been fashioned best and most obvious choice for the forced them to pay back back-royal- after the old adage: We will either find job. ties. In my first year, in less than a a way or make one. That attitude has She had committee experience as month, the correction was passed by always served to help her bring groups well as State staff experience. She also both the Senate and the House unani- to the table to reach compromises that had a master’s degree in agricultural mously. That meant that Katherine, seemed unlikely at best. economics. I represent an agricultural my team, and I had to talk to 535 Mem- Now Katherine has decided to leave State, and I knew I would need that bers in Congress in less than a month the Hill to take on another challenge help. She helped to fuel expectations, to get that result. in her professional life. Katherine which we were then able to meet. It is It was interesting later to watch the knows that life is an adventure, and with a lot of pride that I have been in- Supreme Court use that bill as a basis constant change is a good thing. Now ducted into the Wyoming Agricultural for back payments to these same peo- she will be moving to a new place to Hall of Fame, largely because of her ef- ple. We could not do anything to solve help spread our message. forts. anything before the legislation was As she leaves, I cannot thank her Now, I would never forget those early passed because you have to look to the enough for all she has done for me and days. As is true with all Senators, our future. for Wyoming over the years. She has first office consisted of one room. It So that was our first big win, and, been a tireless worker, and she has was actually a storeroom for the credit fortunately, more was to come, as never hesitated to roll up her sleeves union. That cramped space helped us to Katherine headed up my team effort. I and get to work whenever and wher- develop a strong sense of teamwork will just mention a few: the global HIV/ ever she was needed. right from the start because we were AIDS law, the Sarbanes-Oxley Act, the I remember one long evening on the all in the same room and everybody new MINER law to protect miners of Senate floor. During my speech, in knew what everyone else was doing. this country, the new Food and Drug thanking people at the end, I men- Now, fortunately, Katherine was Administration reform law, the Pen- tioned that Katherine was an excellent there at the helm, and she helped to di- sion Protection Act, and a host of juggler, referring to her ability to han- rect the efforts of my legislative staff other successful bills that were signed dle many tasks at the same time. Her

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15955 daughter was watching on C–SPAN2 and with this great Senator you have She always reminds the young people and said: I didn’t even know Mom could been working for. I appreciate it. who come to work in my office that she juggle. Mr. President, the distinguished Sen- got her first Federal job by walking up Being a legislative director and a ator from North Dakota has asked that and down Constitution Avenue passing staff director has cost her a lot of time I yield for a unanimous consent re- out resumes and the old Civil Service from home. But she has been able to quest, and then I would like to retain form SF–171. work her family life into her work the floor. She was initially hired as a tem- schedule as the top priority that it The ACTING PRESIDENT pro tem- porary typist at the U.S. Department needs to be. Now she will have more pore. The Senator from North Dakota of Commerce, which it turned out was time to spend with her own team at is recognized. a lucky career start, because she found home that needs her love and atten- f out later she had flunked the typing tion. Her husband David, along with ORDER OF PROCEDURE test but they hired her anyway. her children Ellie and Cooper, have all That became her launching pad for been very supportive during her Senate Mr. DORGAN. Mr. President, I thank work in the office of our former col- years. She is now going to try some- the Senator from Utah. My under- league, and then House member, Sen- thing new, and once again her family standing is the Senator from Utah will ator Jim Broyhill of North Carolina, will be there for her, supporting her, speak and the Senator from Rhode Is- the ranking Republican on the Energy and providing the assistance she will land will be recognized. We will recon- and Commerce Committee. continue to need as she pursues her vene at 2:15 following the caucus. So I He trained her well. She moved from new career. ask unanimous consent that I be recog- caseworker, to legislative cor- It will be difficult to say goodbye to nized at 2:15 for 30 minutes in morning respondent, to legislative assistant. I Katherine. When she leaves the Senate, business. would like to say it was a meteoric she will be greatly missed. Someday The ACTING PRESIDENT pro tem- rise—but in those days the average Hill soon, we will have found someone to pore. Is there objection? staffer stayed more than 2 years. take on the responsibilities that she Without objection, it is so ordered. The Senator from Utah is recognized. Trisha was there for almost 8 years— leaves behind, but we will never be able day, night, and many weekends. to replace her. Her constant warm and f I knew she would be a real asset to genuine smile, her concern for all the TRIBUTE TO PATRICIA KNIGHT my staff because of her considerable people on her staff, and her unique Mr. HATCH. Mr. President, I may government experience. ability to size up a political situation need a little more than 10 minutes be- Before coming to the U.S. Senate, immediately upon contact—un- cause this is an important speech for Trisha served in the executive branch matched. She has been a tremendous me. for Presidents Ronald Reagan and addition to my personal and committee I am grateful for the opportunity George H. W. Bush. It is interesting staffs, and we will miss her daily pres- today to pay tribute to a wonderful that she worked at two cabinet agen- ence in our lives. woman, dedicated public servant, cies twice—the Commerce Department Like most offices, our staffs are more and Health and Human Services. The than our legislative teams, they are ex- health policy expert and my chief of staff, Patricia Knight, or as many Cabinet secretaries she served include tended family. That will not change. Richard Schweiker, Margaret Heckler, She will forever be a member of the know her in the Senate—Trisha. We were all sad to learn last week Otis Bowen, M.D., Lou Sullivan, M.D., Enzi family—another daughter. that, after over 34 years of public serv- and Bob Mosbacher. The Senate is a place to work unlike Trisha is perhaps best known for her any other in the world. It welcomes ice, Trisha has decided to leave the work at HHS—she served twice as a only those with special skills and Senate family at the end of the year, deputy assistant secretary at the De- unique abilities and provides them which in the arcane ways of the Senate partment of Health and Human Serv- with a tremendous opportunity to could be any number of days between ices and is considered by many as one make this great Nation of ours a better now and December 31. In fact, had I of the top health policy experts in place in which to live. been able to convince her to stay until In the end, that will be Katherine’s January 7, we would have been able to Washington, D.C. In that job, she was a legacy after 17 years of service in the celebrate with her the 34th anniversary line officer in the Public Health Serv- Senate. On my staff, and before that, of her first job on Capitol Hill. ice, as well as a staffer for the Sec- serving with Senator Al Simpson and Trisha was born here in the District retary, and she worked for some of my Senator RICHARD LUGAR, she has made and grew up in Arlington. She pro- favorite people—Dr. Ron Docksai, Dr. the most of every opportunity she was gressed through Jamestown Elemen- Bob Windom, and Dr. James O. Mason. given, and she can be proud of the tary School, Williamsburg Junior High In addition to her work for Senator record of success she has compiled over School and Yorktown High School. We Broyhill when he served in the House, the years in every area of her life. like to kid her about the fact that this she has also served on the staff of the We know from the Bible that we is the pathway that launched CBS House Appropriations Committee, chart our course in life in our hearts, newswoman Katie Couric. where she was minority clerk for the but God directs our steps. God has di- When I first approached Trish about legendary Silvio Conte of Massachu- rected these new steps in Katherine’s being my chief of staff, she quickly setts on three appropriations bills: life, and I know she will continue to pointed out that she was not from Commerce-State-Justice; Legislative make the most of every step that God Utah. However, always thinking on her Branch; and Foreign Operations. moves her to take. feet, she rapidly concluded that grad- I felt very fortunate when Trisha Good luck and God bless you and uating from Syracuse University, or agreed to work in my office as a volun- your family, Katherine. Don’t forget Syracuse U, was close enough to 4 teer after the defeat of President us. We will not forget you. In fact, we years in Syracuse Utah! And that be- George H.W. Bush. In fact, I tried to are going to leave a light burning in a came her story. hire her the first week, but she flip- window of the Capitol dome so you can I might add that she graduated pantly informed me I didn’t have the always find your way back home. magna cum laude from Syracuse Uni- budget to do it. Thanks for your years of service. versity, where she majored in anthro- A few months later, I found that I yield the floor. pology and photojournalism, which money, and she joined my health staff, The ACTING PRESIDENT pro tem- makes her in my mind uniquely quali- rising quickly to become my health pore. The Senator from Utah. fied to work in this body. policy director. Mr. HATCH. Mr. President, if I could Trisha never intended to work on She is one of the shrewdest, smart- make one comment. I have known Capitol Hill. She is the daughter of a est, most effective legislative minds in Katherine for a long time. She is one of pair of Washington journalists, both the Senate. She deeply understands the the truly great staffers on Capitol Hill. deceased. But, I know they are watch- legislative process and has cultivated I want you to know how much all of ing over her and are very proud of what relationships with health policy ex- us have appreciated the work you do, she has accomplished. perts throughout this country and

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15956 CONGRESSIONAL RECORD — SENATE December 19, 2007 around the world. She truly knows ev- on nominations, patents and controlled Hill is evident. You have been a great friend eryone and the proper way to get substances issues, among many, many and ally. Your work ethic is unmatched by things done, on health care, and a others. anyone I have seen on the Hill. When you whole range of issues. She has a rare This week, as she is delighted to combine that with your knowledge of key areas like HHS issues, you have been a very combination of policy expertise and note, she assisted in seeing the first effective government operative. legislative know-how. In other words, bill she drafted pass unamended—legis- she not only knows what to do, she lation to rename the National Institute A Utah political leader noted: knows how to make it happen. Those of Child Health and Human Develop- Trisha is the brightest political strategist are rare qualities anywhere; certainly ment as the Eunice Kennedy Shriver I have known in all my years in politics. She around here. National Institute of Child Health and has the ability to put together a long-term She is very proud of her work in Sen- Human Development. I think most peo- strategy to deal with a crisis before the cri- sis occurs. Her perspective and insight into ate infrastructure development, includ- ple who really know, knew how close I issues is unsurpassed. ing her active membership in the Sen- am to Sargent and Eunice Kennedy ate Chief of Staff organization and its Shriver and how much I love Eunice And one last example, a former Rob- executive committee. She has been a Kennedy Shriver. This woman has ert Wood Johnson fellow in my office real leader in that organization. She given so much to our country. Frankly, noted: has worked hard to be a capable admin- she is one terrific human being, as was You know, you were singlehandedly re- istrator and manager and to help de- her husband when he worked in so sponsible for my whole perspective change on the reality of government and its velop our staff and our institutional many positions in the Federal Govern- operation...The amount of information knowledge. ment. you have in your mind, from your experi- She also takes pride in the young This was a bill that Trish drafted, ences, and all that you have done for others, people whose careers she has helped helped to push through, along with my- is staggering. launch on Capitol Hill. I often hear her self, and I am really pleased that Eu- You will always be a close and dear friend tell young legislative staff—in the nice Kennedy Shriver will be memori- and my life/career has been better for know- words of her good friend and mentor, alized. It is something she always took ing you in that role. No matter where you Don Hirsch: ‘‘Read the bill,’’ as only credit in—the National Institue of find yourself, my admiration and respect will she can say. I am a poor substitute. Child Health and Human Development. only grow. While I was there (and since), you The legislation she has worked on is made sure that I had a life changing experi- She has worked with children all over ence and got to see and hear it all. really among the most important in the world and deserves that distin- my service on Capitol Hill. Trisha was guished honor. People on the ‘‘outside’’ who deal by my side when we finally persuaded The list on and on. There are some with many, many congressional staff, Congressman WAXMAN, Congressman that have not become law yet—and I hold Trisha in the highest regard—for DINGELL, and Senator KENNEDY to know she regrets that—but I think we her expertise, her masterful strategic allow the Dietary Supplement Health may still see the Knight agenda en- thinking, and for her straightforward- and Education Act to go through. The acted. Two of these are allowing vita- ness, scrupulous honesty and sense of Governor of New Mexico, now running mins to be purchased with food fair play. But more importantly, they for President on the Democratic side, stamps—a commonsense measure for genuinely like her because she is, was my prime cosponsor on that bill. good nutrition, and even more impor- above all, a wonderful, generous per- It was a journey of several years. It tantly, allowing FDA approval of son. was a legislative campaign that has biosimilars, my high priority. Over the years, Trisha has spent served as the model for many pieces of Trish spearheaded for me the Ken- weeks traveling through Utah, meeting legislation since. And, I might add, it nedy-Hatch Biologics Price Competi- with county and city officials and get- was the only major health bill to be en- tion and Innovation Act of 2007, re- ting a good feel for the issues and chal- acted in 1994, the year of President ported earlier this year by the HELP lenges Utahns are facing throughout Clinton’s Health Security Act. Committee. our State. She has made it a point to She was by my side in 1997, when Trisha also is a walking rolodex. She get to know our great State and know Senator KENNEDY and I worked with knows everyone—including just about it well. She brought to that task all Senators Chafee and ROCKEFELLER to every health policy expert in the coun- she had learned in her government ca- enact the CHIP legislation in a record try. When she made her announcement reer, an experience that undoubtedly 144 days. People know how important on Friday, a flurry of e-mails came helped our State in innumerable ways. that bill is. Virtually everybody in our into the office. I would like to share In fact, when he heard she was leaving, society today recognizes the impor- just a few of them which I think you our House colleague, Representative tance of the CHIP legislation. I know will enjoy, and which show her true CHRIS CANNON, said: she had hoped to stay on and see the character. It is the State’s great loss. reauthorization finished this year, but One of my former staff directors for we will do all we can to get it done Trisha has the love and respect of ev- the Senate Labor Committee noted in eryone in the Senate, in Utah and next year. She has played a pivotal and response to her announcement: extremely important role in that re- those whose lives she has touched. I can’t believe you plan to hang up your I will always appreciate her wise markable landmark legislation. whip. Ringmasters occasionally take breaks, She has had an influential role in de- but that doesn’t mean they quit the circus. counsel and deep commitment to me, velopment of so many other pieces of Senator Hatch thinks the world of you, as do to my staff and to the citizens of Utah. law—reforming the Food and Drug ex- we all. Whatever your final decision, I hope Her sense of humor has defused many a port laws, allowing medical volunteers it keeps you in public affairs. tense time. at Community Health Centers to be One of Senator KENNEDY’s former Trisha has been my right hand for covered under the Federal Tort Claims staff directors said, many, many years—indeed, she is my Act, so many of the budget reconcili- The planets are realigning. The tectonic longest-serving chief of staff and I will ation bills, including the landmark plates of the earth are shifting. The sea is miss her greatly. In fact, one wag Medicare Modernization Act, all of the parting. The world will never be the same blogged upon hearing this news in the major FDA bills we have considered in again. Salt Lake Tribune—I hope when she the past 2 decades, including the Pre- Those Kennedy staffers always do go leaves she’ll take HATCH with her. I scription Drug User Fee Acts and the in for the hyperbole, don’t they? That thought that was a little coarse my- Medical Device User Fee Acts. That is is why they are so successful. self. only mentioning a few of the bills and A leadership staffer noted: I ask unanimous consent that these mainly in the health care area—not It truly will be a loss to the whole Senate. articles be printed in the RECORD at counting all of the other areas where A Utah mayor and CEO told Patricia: this point. she has played a pivotal and very im- I cannot tell you how much we have appre- There being no objection, the mate- portant role. She also served on the Ju- ciated your help. You will be sorely missed. rial was ordered to be printed in the diciary Committee, where she worked Your ability to make a difference on Capitol RECORD, as follows:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15957 [From the Salt Lake Tribune, Dec. 15, 2007] ‘‘has done more for the people of Utah and Let me say I have worked with some HATCH’S ‘‘RIGHT HAND’’ TO LEAVE BY YEAR’S for this country than I think anyone will wonderful people in my days. I have END ever realize.’’ had some terrific people help me. I Knight disagreed with the phrase that she (By Robert Gehrke) have had people who have been loyal, is retiring as she wants to do government Sen. Orrin Hatch’s longtime chief of staff consulting or some related work. decent, honorable, kind, honest people and policy adviser on health issues, Patricia She based her decision to leave on the who have set examples around here Knight, will leave the senator’s office before pending enactment of a new law that would and, frankly, every one of them has be- the end of the year, she said Friday. bar her as a former Senate staffer from lob- come a very good friend. Knight said she is leaving before a new law bying other Senate offices for a full year. In particular, I love Trisha Knight. I kicks in on Jan. 1, 2008, restricting congres- Under current law, she would only be banned believe she has more than given her sional staffers from lobbying the chamber from lobbying Hatch’s office for a year. best to the Senate, the Congress, and where they worked for two years. There is a Knight feels the new law, designed to stop one-year restriction in place now. to the Government of the United the so-called revolving door between con- States of America. I care for her, and I ‘‘It was extremely tough for me, but in the gressional offices and lobbying shops, is a lit- end I felt like I owed it to myself for my fu- tle unfair. She said it would limit her from hope she will continue to stay in touch ture development to not be limited,’’ she talking to senators and their staff members with me and with others in our office said. ‘‘That’s the only reason I’m doing it whom she does not now know. because we are going to need her help. now. I love the job and Senator Hatch and ‘‘It’s not like I have a big influence with We are going to need her advice from working for the people of Utah.’’ people I haven’t met,’’ Knight said. time to time. I hope she will always be Knight told the senator of her decision Knight said she will miss Hatch’s office there for us. I wish Trisha the very best Thursday evening, she said, and Hatch an- and working with the people of the state. in whatever she chooses to do next. I nounced her imminent departure during a ‘‘It’s going to be different,’’ she said. ‘‘I’ll staff meeting Friday morning. be coming at things from a different perspec- pray for her continued good health, ‘‘Trish has a reputation as one of the best tive.’’ success, happiness, love, and joy. She is senior legislative staff members of Capitol Jace Johnson, Hatch’s current legislative a great one. I have been very privileged Hill. But those who know her well realize director, will become chief of staff, Hatch to have her with me. that she is the best on the Hill,’’ Hatch said said. I yield the floor. in a statement. ‘‘She’s been my right arm for Johnson and Knight have worked together Mr. ENZI. Mr. President, I rise today years and done more for the people of Utah on issues for several years and ‘‘he is well to recognize Patricia Knight who is re- and for this country than I think anyone will prepared to serve the people of Utah and the tiring next week after 10 years as Sen- ever realize.’’ country,’’ Hatch said. ator HATCH’s Chief of Staff and 15 years ‘‘Trish has a reputation as one of the best Hatch promoted Jace Johnson, his legisla- playing a central role in health policy tive director, to take over as chief of staff. senior legislative staff members on Capitol Johnson, a graduate of Brigham Young Uni- Hill. But those who know her well realize here in the Senate. versity, has been with the senator for several that she is the best on the Hill,’’ Hatch said. Although, I am sure Senator HATCH will describe her role in his office, and years, working on issues including transpor- Mr. HATCH. I will always be ex- her work on Judiciary Committee and tation, trade, welfare and telecommuni- tremely grateful for the service she has cations. Finance Committee issues, I wanted to rendered. But more than that, she is a Knight was something of a character rise and acknowledge her contribution dear friend who could always be count- among the Senate chiefs of staff. She would to health care policy. For the last 15 ed on to tell me the truth. That was do needlepoint during meetings, enjoys Neil years, Ms. Knight has been a constant really important to me and has always Young concerts and has a dry, barbed sense advocate for improving the health care of humor. She likes to garden, spend time at been. system. She has played an important the beach and take care of her dogs, Frank Mr. President, I have been blessed to role in every piece of device, drug, and and Maxie. have superb staff in my 31 years here in supplement legislation that has been Knight came to work for Hatch the day the Senate. The devotion staff have to enacted. She has not just overseen this after President Clinton took office in Janu- the institution of the Senate is under- ary 1993, volunteering her services tempo- development, but participated. My standable—we are all privileged to rarily after being forced out of her post as a staff and I have enjoyed working with serve an institution that embodies the deputy assistant secretary at the Depart- her, as she has made it very clear that ment of Health and Human Services with the liberty and deliberation among free she enjoys getting bills enacted. change in administrations. people that the Senate represents. In the last 3 years as chairman and She was hired full-time and worked on But the devotion of staff to a Member now ranking member of the HELP Hatch’s key health care legislation, includ- is, for me, quite humbling. For 15 ing helping to write the 1994 dietary supple- Committee, Ms. Knight has worked years, Trisha Knight has given me and with my staff on all of the bioterrorism ment legislation and the first State Chil- the Senate her expertise, her knowl- dren’s Health Insurance Program in 1997. legislation, the biosimilar legislation, She has been Hatch’s chief of staff since edge, and her advice. and the recently enacted FDA Reform 1999, but remained active in health policy, I have been able to rely on her, lit- Act. While being Senator HATCH’s Chief recently helping to negotiate legislation re- erally, 24 hours a day during these 15 of Staff, Trish worked tirelessly as she garding the Food and Drug Administration’s years. I have depended on her to help felt that this was important legislation regulation of biologic treatments—things me pass landmark legislation, and sur- that needed to be done correctly. She like gene therapies, blood and tissue treat- mount difficult challenges. I have re- ments and vaccines. helped organize Republican and bipar- lied on her advice—even when she felt tisan briefings, helped draft and revise obliged to tell me what I didn’t want to [From the Desert Morning News, Dec. 15, language, and encouraged everyone 2007] hear. late into the night. I have relied, without exception, on HATCH’S CHIEF OF STAFF STEPPING DOWN Throughout her interactions she has her integrity, and I am grateful for been a pleasure to work with kind (By Suzanne Struglinski) every day I have had the pleasure of words and funny nicknames for all. I WASHINGTON.—Patricia Knight, chief of her good character. thank her for her service and wish her staff for Sen. Orrin Hatch, R-Utah, will leave We will all miss Trisha, but I suspect the best of luck in her future endeav- government service at the end of the year, we will be seeing a lot of her in the fu- she told the senator Thursday. Knight start- ors. Surely, the Senate will miss her. ed as a volunteer in Hatch’s office in 1993, a ture. We do have a saying: ‘‘Once a Mr. HARKIN. Mr. President, the end status that lasted only a few months before Hatch staffer, always a Hatch staffer,’’ of this year brings the loss of one of she started working on health-care policy. and we will expect her to adhere to this body’s most talented, dedicated, She has been his chief of staff since 1999 but that rule. And all the other applicable and accomplished staff members. Pa- has worked for the federal government since rules and laws, I hasten to add. tricia Knight, Senator HATCH’s long- 1973. So, as the first session of the 110th time chief of staff, is retiring after ‘‘We will miss Trish terribly,’’ Hatch said Congress draws to a close, I hope my three decades of distinguished public in a statement. ‘‘I know that this is the right colleagues will join me in expressing time for her, after 34 years serving our coun- service to the Senate, House of Rep- try, and I know she will be successful as she appreciation for Patricia Knight for resentatives, and the Department of moves her career to the private sector.’’ her loyalty, her service, her counsel, Health and Human Services. Hatch said she has been his ‘‘right arm for her sacrifice, and her commitment to I have had the pleasure of working many years’’ and that the Virginia native good policy. with and knowing Ms. Knight for at

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15958 CONGRESSIONAL RECORD — SENATE December 19, 2007 least 13 years. My work with her began left a remarkable impression on the Throughout Jon’s distinguished mili- when ORRIN HATCH and I teamed up in Phillips Exeter community; remem- tary service, he received a number of 1994 to pass the landmark Dietary Sup- bered for his manifestation of the accolades and commendations, includ- plement Health and Education Act, motto ‘‘Non Sibi’’ or ‘‘Not for Oneself,’’ ing: the Bronze Star Medal, Purple DSHEA. That legislation, which as- a Latin phrase inscribed on the Acad- Heart Medal, Meritorious Service sured continued consumer access to emy’s seal. Jon exemplified his passion Medal, Army Commendation Medal, and better research into dietary sup- for life through his persistent dedica- Joint Service Achievement Medal, plements, is a testament to Trisha’s tion to his studies, tireless volunteer Army Achievement Medal, National mastery of health care issues, her com- efforts in school and the local commu- Defense Service Medal, Iraqi Campaign mitment to legislating across party nity, and commitment to the Acad- Medal, Global War on Terrorism Serv- lines, and her sharp attention to detail. emy’s radio station, Grainger Observ- ice Medal, Korean Defense Service Truly, without her, there would be no atory, and the school’s Washington In- Medal, Humanitarian Service Medal, DSHEA today. ternship Program. Army Service Ribbon, Ranger Tab, For the past nearly 30 years, Trisha Jon’s illustrious high school years Combat Action Badge, and Parachutist Knight has been in the middle of al- were prologue to a promising future, Badge. most every major piece of health legis- full of infinite potential. Jon enrolled Jon is remembered as a confident and lation enacted into law. From DSHEA at Johns Hopkins University where he mentally strong leader, whose poise to the Children’s Health Insurance Pro- graduated in 2003, earning a bachelor’s under pressure, intelligence, compas- gram, from the Medicare prescription degree in computer science from the sion, and love for God, country and drug legislation to the FDA Moderniza- renowned Whiting School of Engineer- family transcends his passing. His tion Act, her stamp is on a host of ing. valor on the field of battle was equally major laws that will endure for many At a young age, Jon’s family instilled as impressive as his undying loyalty to years to come. in him the importance of volunteerism and love for his squadron. One well- Mr. President, the American people and service to the United States. Jon’s known anecdote recalls a combat oper- owe a debt of gratitude to Patricia father, Mark proudly served three and ation in which Jon had pizza flown by Knight. While most may not know her, a half years as an Army Ranger during helicopter from 100 kilometers away to they know and appreciate the public Vietnam, and his older brother, West where his troops were conducting com- policies she has helped create. She has Point Alum and Dartmouth Medical bat operations in an effort to lift mo- worked day and night for many years School graduate, Army Captain Dr. rale. Jon left a legacy that continues of public service. And all the while she Jason Grassbaugh, is currently serving to inspire our Nation’s future leaders carried with her a passion for public as an orthopedic surgeon in Fort from Hampstead and Exeter, New policy, an unflagging dedication to her Lewis, WA. Jon continued this family Hampshire, Johns Hopkins, and those bosses and great, sharp wit. tradition of service, joining the Johns he proudly served beside in Iraq. I wish Trisha all the best as she Hopkins Army ROTC Program, and On a deep and personal note, for moves on and tip my hat to her for a eventually becoming battalion com- those who had the sincere privilege and job well done. She will be missed. mander his senior year. He also became honor to meet Jon, it was evident his The ACTING PRESIDENT pro tem- a proud member of the Pershing Rifles exuberance for life and new experi- pore. The Senator from New Hampshire fraternal organization, captained the ences, ingenuity, and academic acumen is recognized. Ranger Challenge Team, and won the destined him for greatness. By the time f national two-man duet drill team com- of his death, Jon had achieved more petition. than most individuals do in a lifetime, DEDICATING A NEW HAMPSHIRE In a storybook setting, Jon met POST OFFICE IN HONOR OF CAP- a testimonial to his family’s love and Jenna Parkinson, a freshman ROTC guidance through his young life, and TAIN JONATHAN D. cadet from Boxborough, MA, during his GRASSBAUGH Jenna’s warmth and support as he senior year. Jon and Jenna slowly grew fought for our Nation. Mr. SUNUNU. Mr. President, I will closer, watching movies together dur- Today, Jonathan Grassbaugh rests in speak as in morning business. I thank ing spring break, sharing flights to and peace at one of our Nation’s most hal- Senator REED for giving me the oppor- from school, and attending the mili- lowed and sacred grounds, Arlington tunity to speak briefly before his re- tary ball. A few short years later, Jon National Cemetery—his rightful place marks in support of legislation that I proposed to Jenna on April 30, 2005, and among generations of brave Americans do hope the Senate will act on today; the young couple subsequently married who sacrificed their lives in defense of that is, legislation to dedicate the post on June 9, 2006, in a Cape Cod cere- this country. His loved ones will for- office in East Hampton, NH, in honor mony. Prior to their wedding day, Jon ever remember him as a loving hus- of Army Ranger CPT Jonathan and Jenna filled out a questionnaire for band, son, brother, and friend. Let it be Grassbaugh, who was killed in action their officiate which asked, ‘‘Where is known, the citizens of New Hampshire on April 7 this year in Iraq. a sacred spot, a place where you feel and our Nation are eternally in debt to Mr. President, on behalf of Hamp- most connected, most at peace and Jonathan David Grassbaugh, an honor- stead, New Hampshire middle school most inspired?’’ Jon’s answer came in able son of New Hampshire, an Amer- students, school board officials, board three loving words: ‘‘With my wife.’’ ican Patriot, and a guardian of liberty. of selectmen, and residents, I rise to Following graduation, Jon completed Mr. President, I ask unanimous con- honor a fallen hero, United States U.S. Army Ranger School in April 2004 sent that a copy of the Hampstead, NH, Army Ranger Captain Jonathan David and served his country both at home Board of Selectmen’s letter of support Grassbaugh, by introducing a bill to and abroad. He was assigned to the 7th to dedicate the East Hampstead, NH, designate the United States Postal Cavalry in The Republic of South Post Office, as the ‘‘Captain Jonathan Service facility at 59 Colby Corner in Korea and served as a member of the D. Grassbaugh Post Office’’ be printed East Hampstead, NH, as the ‘‘Captain Army Hurricane Katrina Relief Team. in the RECORD. Jonathan D. Grassbaugh Post Office.’’ Later, Jon was assigned to the 5th There being no objection, the mate- Jon, as he was called by his family Squadron, 73rd Cavalry Regiment, 3rd rial was ordered to be printed in the and friends, moved to East Hampstead, Brigade Combat Team, 82nd Airborne RECORD, as follows: NH, from St. Marys, OH, in 1989. He at- Division in Fort Bragg, NC, where he tended Hampstead Central Elementary and the now U.S. Army 2nd Lieutenant DECEMBER 12, 2007. Re Petition of dedication. School and Hampstead Middle School Jenna Grassbaugh would reside. where his mother, Patricia, is prin- Shortly after Jon and Jenna were DEAR SENATOR SUNUNU: Students of the cipal. married, he was deployed for a second Hampstead Middle School prepared a peti- tion to support honoring Captain Jonathan Jon graduated high school from Phil- tour of duty in Iraq. Tragically, on Grassbaugh, who gave his life for our coun- lips Exeter Academy, in Exeter, New April 7, 2007, Jon was one of four sol- try. the petition seeks to honor him by dedi- Hampshire, where he was a four-year diers who died while conducting a com- cating the East Hampstead, NH, 03826 Post honor student in the Class of 1999. Jon bat logistics patrol in Zaganiyah, Iraq. Office in his name.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15959 The petition was presented to the Hamp- cations that the overall economy, the the cooperation or support of the Presi- stead Board of Selectmen on Monday, De- real economy, is strong. dent in any real sense of the word. As cember 10, 2007. Frankly, I think we have to look a result, we have made some progress The Board of Selectmen accepted the peti- critically at those assertions. What in addressing and correcting these tion and voted unanimously to support the troubles me more than the numbers— project. issues but not nearly enough. In order Please find enclosed the petition along the GDP and all the other financial to end the Bush era of divided pros- with the signatures of 526 individuals. statistics—is what I am hearing from perity, which some people speak of as Thank you for your help in moving this Rhode Islanders and what I presume two Americas, we have to, I think, re- project forward. my colleagues are hearing from their engage ourselves in a process of mak- Very Truly Yours, constituents across the country. The ing sure America is competitive in the RICHARD H. HARTUNG, mortgage crisis and credit crunch in global economy and that it has sus- Chairman. many ways represents a culmination of tainable policies that lead to true PRISCILLA R. LINDQUIST, their fears and sort of the tangible ac- Selectman. growth, which is shared by all Ameri- JIM STEWART, knowledgement of what they have been cans. We must reprioritize and take a Selectman. fearful of for many months. Lately, I more serious approach to the policy The ACTING PRESIDENT pro tem- have been struck by how many people challenges at hand. pore. The Senator from Rhode Island is are finding it increasingly difficult to Since World War II, every period of recognized. maintain a decent standard of living, economic expansion has resulted in Mr. REED. Mr. President, I ask unan- despite having a steady job. People tell shared prosperity for most America. To imous consent that the recess be de- me they feel squeezed by the rising be sure, growth varied by degrees over layed until I complete my remarks. costs of energy, food, health care, and time and from place to place, but in The ACTING PRESIDENT pro tem- higher education, while at the same general the tradition in America has pore. Without objection, it is so or- time the size of their paychecks does been that a rising tide will lift up all dered. not seem to be expanding at all. boats. Yet for the past 6 years, under For thousand of families in Rhode Is- the Bush administration, this tradition f land and millions of people across of shared prosperity has not been sus- ORDER OF PROCEDURE America, wage stagnation has created tained. a general feeling of anxiety. Instead of In my State, the Poverty Institute of Mr. REED. Mr. President, I ask unan- trying to get ahead, most people are imous consent that the order with re- Rhode Island announced last month finding it hard to get by. The subprime that our median wage actually declined spect to Senator DORGAN be changed to meltdown and subsequent credit since 2000, which makes Rhode Island provide that if Senator DOLE is here at crunch are adding additional stress to 2:15 p.m., she be recognized for up to 5 the only State in New England to expe- that equation. For some people, it has rience negative wage growth during minutes and then Senator DORGAN be pushed them to the brink of personal this period. With stagnation in most recognized. and financial crisis. The ACTING PRESIDENT pro tem- places, we have actually seen negative Today, we are living in an era of di- growth. Since President Bush took of- pore. Without objection, it is so or- vided prosperity, where a few do ex- dered. fice, the real national median house- tremely well—extraordinarily well— hold income has declined by $962, from f and the rest of us are struggling to $49,163 in 2000, to $48,201 in 2006. In fact, keep up. The Bush administration has THE ECONOMY between the first quarter of 2001 and aided and accelerated this trend of the third quarter of 2007, real median Mr. REED. Mr. President, I rise growing inequality, and its lax attitude weekly earnings fell 1.2 percent, com- today to discuss the state of our econ- toward regulation has allowed major pared to 7.1 percent growth between omy. Regrettably, the news is not economic liabilities to develop un- 1996 and 2000 under the Clinton admin- good. Two weeks ago, the Mortgage checked, allegedly for the sake of al- istration. We have seen a startling Bankers Association reported that the lowing the market to function ‘‘effi- change in the economy affecting the rate of home foreclosures and the per- ciently.’’ families of America, whose incomes centage of loans in foreclosure is at the The latest crises show markets are grew from 1996 to 2000 and have de- highest level ever recorded by this or- not always efficient, nor always equi- clined in real terms since then, and ganization. At the same time, surveys table, and rampant speculation in the that reality is shaping the lives of mil- by the University of Michigan and the absence of oversight can create prob- lions of Americans. Conference Board showed consumer lems that cannot be quickly assessed While the President’s economic pol- confidence at the lowest levels in many or fixed. This President has perpet- icy has yielded extraordinary gains at years. The financial troubles that uated a system that encourages a for- the very top of the income scale, his began with the subprime mortgage cri- tunate few to collect as much of the fiscal policy has multiplied differences sis last summer have now spread to all benefits of our economy as possible, and exacerbated the disparity between credit markets and created a liquidity while sharing very little with the rest the very wealthy and, frankly, most crunch that threatens our entire econ- of society. everyone else. omy. At the same time, what we have seen According to data recently published Some say these troubles are merely developing are enormous blind spots by the Congressional Budget Office, in temporary. In fact, some say there are that have begun to reveal themselves 2005, real after-tax incomes jumped by two economies—the real economy, with with disturbing frequency. The trage- an average of nearly $180,000 for the top people getting up and going to work, dies of Katrina and the collapse of the 1 percent of households, while rising and the economy of Wall Street, which bridge in Minneapolis, as well as the only $400 for middle-income house- is financial engineering and all sorts of subprime crisis, and even our policies holds, and $200 for lower income house- incredibly exotic financial products. in Iraq are all evidence of the adminis- holds, which signifies an extraordinary The reality is these markets intersect. tration’s consistent failure to plan for divergence in terms of the wealth of As a result, our whole economy is long-term liabilities. Moreover, this the very few versus everyone else. That threatened now by forces that may be shortsighted focus is reflected in mas- average income gain for the top 1 per- temporary, but they are working them- sive trade and budget deficits and the cent is more than three times the total selves out in a very difficult way for absence of any comprehensive plan to income of the average middle-income the people of this country, the men and address our addiction to foreign oil or household. women we represent, our constituents. the skyrocketing cost of health care. Some contend that the market has Taken together with prior research, this These are creating real challenges for new data indicates that income is now more undergone a correction since the end of our country. concentrated at the top of the income scale cheap credit and speculation in the This year, the new majority in Con- than at any time since 1929. I grew up in an housing sector. They point to job fig- gress has tried to set a different course, era where we looked to the history of the ures and quarterly GDP growth as indi- but, unfortunately, we have not had lives of our parents who endured a depression

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15960 CONGRESSIONAL RECORD — SENATE December 19, 2007 in which the economy collapsed, and then tion, entrepreneurship, and opportuni- that war is roughly the same amount through the policies of this Federal Govern- ties for others. But still I must ask: Is that was at issue between the Presi- ment and State government, we saw a rising this distribution of wealth and reward dent and the Congress in our debate tide literally lift up every family in Amer- commensurate with all the efforts of about the budget this year. The Presi- ica. We saw a more equal distribution of wealth. In fact, many people prospered. Now those teachers, men and women in dent refused to spend $22 billion more we are seeing a reconcentration of wealth urban school districts who are laboring than his limit on domestic spending, that has great consequences not only for our to give kids a chance so they can seize but in 2 months, we will consume at economy, but for our society. opportunities? As Americans, we have least that much in Iraq without any We pride ourselves as Americans on to stop and ask ourselves why is this revenue offsets, without any qualms, having a country where anyone can happening. Is there something we can and without any additional consider- rise to the top, where opportunity will and must do to make this country a ations. Unconditional spending was the propel you forward, take the chances little bit fairer? message he sent to us last evening that are available to you. But what we Even some billionaires are concerned when he demanded that this Congress are seeing in other economic studies is, about this. Warren Buffett has criti- send him money for Iraq. frankly, today we can predict the suc- cized the U.S. tax system for allowing The President’s policy seems to be not guns and butter but guns and cav- cess of a child based on the income of him to pay a lower rate than his sec- iar—money for Iraq, money for Afghan- the parent more than we could 20, 30, retary. Mr. Buffett paid 17.7 percent on istan without limit, without end, it ap- and 40 years ago. If your parents are the $46 million he made last year. He pears, and benefits through the tax sys- wealthy, you are likely to stay did not try to avoid paying higher tem for the very wealthiest Americans, wealthy. That was not the case 20, 30, taxes, he simply took the advantages that were in the tax code to which he— not the rich, but the super-rich. and 40 years ago. This year, the Government is effec- In his new book ‘‘The Squandering of indeed, to which each of us—is entitled. Meanwhile his secretary, who earns tively spending $49 billion to provide America,’’ the economist Robert tax breaks averaging $130,000 for those Kuttner writes: $60,000, was taxed at 30 percent. If you consider these inequities, with incomes greater than $1 million. Between 2000 and 2006, the productivity of these differences, it is hard to under- And we are seeing the impact through- American workers increased by 19 percent. out this country. We particularly see it But the total increases in wages paid to all stand why the President is so adamant 124 million non-supervisory workers— about protecting the tax rates for the as we go back to what has to be, I be- top 1 percent of earners. The con- lieve, the reference point for what we These are the blue-collar workers all do, and that is, what is happening who come in every day, punch in, work sequence of this is that we also have fiscal complications. We have the most to families across this country. hard, go home, and take care of their In Rhode Island, the cost of health families. rapid deterioration of our Nation’s fis- cal health in the history of this coun- care premiums is rising twice as fast as —was less than $200 million in 6 years—a wages and inflation. Premiums in try. In this administration, we have raise of $1.60 per worker—not $1.60 per hour, Rhode Island increased 67 percent be- swung from a projected surplus to a but a grand total of one dollar and sixty tween 2001 and 2006. Wages did not in- projected deficit dramatically. cents in higher wages per worker over nearly crease that fast, I can tell you that. six years . . . Compare this $200 million total When the President took office, we for all nonsupervisory workers to the nearly had a surplus. Yet he has run a budget The number of people without insur- $38 billion paid in bonuses alone by the top deficit every year for the past 6 years. ance increased 50 percent in that same Wall Street firms during the same period. Over that period of time, Bush’s deficit period. They cannot afford to pay for the cost of insurance. That is $38 billion to those people spending has increased our national Gas prices have more than doubled in who are extremely successful on Wall debt to nearly $9 trillion, which is vir- Rhode Island. The price of regular gas Street versus $200 million for every tually $30,000 for every man, woman, nonsupervisory worker in the country. has jumped 95 percent from $1.52 when and child in America. He has pushed President Bush took office to about Since 1997, the pay of CEOs of large this country into record levels of debt corporations has increased to an aver- $2.97 in June of 2007. People are spend- to finance tax cuts for individuals who, ing more and more money on getting age of $10.5 billion per year, or about frankly, are earning at a level at which to work, getting the kids to the Little 369 times the average wages of a work- they do not need additional tax cuts. League games. er and 821 times the average wage of a Not only does it give more to those College education costs are rising in minimum wage worker. Such facts who already have a great deal, it also Rhode Island and across the country. make it clear that most Americans are starves the Government from funds to Average tuition fees in Rhode Island working harder and more productively. use for investing in the future produc- have increased 6 percent for our 4-year Yet these facts go against what many tivity and prosperity of this country. public colleges and 5 percent for our of us were taught in school about the The only areas where the President private colleges. tenets of economics. I am referring to has consistently supported more At the same time, the value of a the basic idea that as the economy be- money have been for his tax cuts and home has been decreasing, and people comes more productive, those produc- for unlimited spending on his policy in are beginning to sense that decrease. A tivity gains are shared, and as a result Iraq. With these items, there is no home used to be the great source of workers get more in their paychecks. limit to what he will accept. A recent economic security, economic wealth, That is not happening. It is not hap- report released by the Joint Economic economic flexibility, and a hedge pening as it should. Committee estimates that the total against the uncertainty of the econ- Let me give another example. Ac- economic cost of the war in Iraq has omy, but now we are seeing in Rhode cording to ‘‘Alpha’’ magazine and the been approximately double the direct Island, and indeed across America, an New York Times, in 2006, the top 25 budgetary costs. We have been spend- explosion in foreclosures. hedge fund managers combined earned ing billions, but the costs are much And we can also factor in the uncer- $14 billion. That is enough to pay New more than that. As we look to a draw- tainty of pensions. The fact is that York City’s 80,000 public school- down of our troops going forward, the more and more of my constituents are teachers for nearly 3 years. Ask your- JEC estimates that the total economic being pushed from a defined benefit to self: As a matter of social worth and cost of the war will reach $2.8 trillion a defined contribution plan or in some value, should 80,000 public school- for the entire 2003-to-2007 period, when cases to no pension at all. The erosion teachers be paid for 3 years with what you factor in veterans health care, the of traditional pensions is adding to this 25 individuals have earned? cost of equipping and replacing the ma- uncertainty. I understand there is a risk premium teriel we have consumed in this war, The net effect of all of this is that for the pay that these financial man- and the reinvestments we will need to many Rhode Islanders are working agers earn. They are not only talented, make in our military. It is a huge longer hours but are barely able to dedicated people, but they are also amount of money. maintain the same standard of living. going in there and taking chances and We are spending $10 billion per month What we have to do is respond to rolling the dice and creating innova- on Iraq. Just 2 months of the cost of these issues. We have taken some

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15961 steps. We have passed, in terms of edu- for all of our citizens? Are we going to often cited as one of the fastest grow- cation, the College Cost Reduction Act. abandon the sense that our economy ing crimes in the Nation. According to This $20 billion increase in student aid works for all of its citizens; that those a study conducted for the Federal is the result of this Democratic Con- who are creative and clever and take Trade Commission, approximately 8.3 gress and our priorities, but we have to risks will get great rewards but that no million Americans were victims of do much more. one is going to be left behind, no one is identity theft in 2005, losing an average We have moved forward with respect going to be left without anything to of $1,882 dollars each. In my home to some issues on housing, but progress show for working hard, working smart- State alone, an estimated 300,000 North has come much too late and is still too er, and working better? I hope not. Carolinians are victims of identity little. We finally cleared the Federal I think that will be one of the ulti- theft and fraud each year. Without a Housing Administration Modernization mate judgments not just on this Con- doubt, this is an issue that continually Act, the FHA Act, which is going to in- gress and this administration but on needs to be front and center on our crease the amount of loans the FHA our tenure as Members of the Senate as radar screens, and we need to do our can guarantee. That is going to get we go forth. part to educate people on ways to pre- them back into the lending business. Mr. President, I thank the Chair for vent identity theft and inform them of But this action has come months after his consideration in allowing me to what to do if, heaven forbid, they be- we should have moved more promptly, speak beyond the recess time, and I come a victim. For example, the North more efficiently, more effectively to do yield the floor. Carolina Department of Justice site that. The ACTING PRESIDENT pro tem- called ‘‘NoScamNC.gov’’ and the Fed- We have to respond to this growing pore. Under the previous order, the eral Trade Commission’s Web site, crisis now in terms of foreclosures. Senate stands in recess until 2:15 p.m. www.ftc.gov, both provide useful infor- Secretary Paulson announced his plans Thereupon, the Senate, at 12:46 p.m., mation and tools to help consumers recently and I think the plans are im- recessed until 2:15 p.m. and reassem- protect themselves and take action if portant because at least they signal bled when called to order by the pre- their personal information has been some action. However, I suspect they siding officer (Mr. CARDIN). compromised or misused. are probably inadequate for the scope The PRESIDING OFFICER. The Sen- With regard to financial literacy, I of the problem that is developing. We ator from North Carolina is recognized. believe clarification of credit card agreements is high on the list to ben- have legislation that is pending that f has to be moved that I think will be efit consumers. There are many well- CONSUMER EDUCATION much more effective going forward. intentioned laws that require credit On energy, this week, the President Mrs. DOLE. Mr. President, ever since card companies to fully disclose their is signing an energy bill which is long my days as Deputy Special Assistant policies on rates, payments and terms overdue. It increases gas mileage, or to the President for Consumer Affairs of use. But unfortunately, the tangible CAFE, standards. But we have to do in the Nixon administration, followed effect of these laws is often multiple more there, too. The tax provisions by 5 years on the Federal Trade Com- pages of single-spaced typing in small which are so essential, I think, to en- mission, consumer education has been font lettering, filled with sophisticated suring that there are incentives for al- a top priority, especially with regard legal terminology. Who are they trying ternate fuels, incentives in the market- to helping individuals protect their to fool? For gosh sakes, you shouldn’t place so investors will put in money credit and improve their financial lit- have to have a lawyer and a magni- with the confidence that they will be eracy. fying glass to understand a credit card repaid, those tax incentives are still In fact, back in my days with the user agreement. Some lending compa- nies are now providing consumers with languishing. They have to be passed. White House Consumer Office, we pre- a one-page summary of their disclosure Again, we have made progress, but it pared an extensive manual called information in a format similar to the has not been adequate progress to date. ‘‘Consumer Education K through 12.’’ I We have to deal with the broader traveled the country and encouraged nutrition information displayed on sense of our dependency on oil. Again, schools to use this material so that products in your local grocery store. In this energy bill is a very good step for- students could learn the importance of fact, I’m proud that working to get that clear, concise nutritional labeling ward. It has to be supported. It has to financial literacy at an early age. So was a top priority during my early be advanced. It has to be extended. this is truly an issue that is near and When we look at the economy from dear to my heart, and I am pleased days in the White House Consumer Of- the standpoint not of the macro- that the Senate Banking Committee fice. We must also continue to require economic statistics of gross domestic held a hearing just last week entitled, that credit card companies provide full product, when we look at the economy ‘‘Shopping Smart and Avoiding Scams: disclosure regarding fees, interest not simply in the context of financial Financial Literacy During the Holiday rates, minimum payments and privacy markets, when we look at the economy Season.’’ As I said at that hearing, it is statements. It is imperative that this unfortunate that today there is a par- from the standpoint of people who live information be presented in the most ticularly harmful practice called iden- in Harrisville, RI, or Harrisburg, PA, it consumer-friendly manner possible. tity theft, an all too prevalent problem is a tough economy. People at home This will benefit not only the con- we must continue to deal with. Iden- are asking us to stand up and do some- sumers, but also the credit card compa- tity thieves constantly create new thing, to give them again the sense nies. By providing more easily under- scams to rob hard-working, law-abiding that when they work and their produc- stood applications and monthly state- citizens of their good names, their tivity goes up, their wages will go up ments, card issuers can reduce losses as well; to give them the sense that credit and their security. The stakes due to defaults and also lessen the de- they can actually provide for their could not be higher for the families in- mand for customer service to guide family, maybe even put a little bit volved. consumers through problems. It’s a aside. Very few middle-income people As you may remember, after last win-win situation or, as they say, a no- are putting anything aside these days. year’s holiday shopping season, TJX, brainer. That is our challenge. the parent company of TJ Maxx and During this busy shopping season, This Congress has taken some steps Marshalls, disclosed that it had experi- and all year-round, we can each benefit to meet that challenge in terms of edu- enced a massive data breach, where the from sharpening our financial literacy cation policy, in terms of energy pol- security of its customers’ financial in- and protecting our personal informa- icy, in terms of at least beginning to formation was compromised. According tion and credit. deal with the housing issue. We have a to a filing with the Securities and Ex- Mr. President, I suggest the absence lot more to do, and we need the co- change Commission, beginning in July of a quorum. operation of the administration. 2005, and continuing over an 18 month The PRESIDING OFFICER. The I think this is a historic moment. period, at least 45.7 million credit cards clerk will call the roll. Are we going to abandon our sense that were exposed to possible fraud. As this The bill clerk proceeded to call the this country is based on opportunity example illustrates, identity theft is roll.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15962 CONGRESSIONAL RECORD — SENATE December 19, 2007 Mr. DORGAN. Mr. President, I ask vision which, it was indicated, in fact eral Communications Commission unanimous consent the order for the was a technical drafting error. Accord- Chairman Kevin Martin and Commis- quorum call be rescinded. ing to one family planning organiza- sioners Tate and McDowell, forming a The PRESIDING OFFICER. Without tion, over 200 clinics across 34 States majority of three. In a 3-to-2 split, the objection, it is so ordered. serving half a million patients are at Commission decided yesterday their Mr. DORGAN. Mr. President, I be- imminent risk of closing, and therefore main issue was the need to relax the lieve I am by previous order to be rec- women and their families lose these ownership rules so we can have more ognized for 30 minutes. My colleague important health care facilities. concentration in America’s media. It is from Michigan has asked for 5 minutes In my own State, women in rural exactly the wrong thing to have done. to precede that. I will be happy to parts of Michigan will have limited or They have done the wrong thing for the grant that by consent, if I will be rec- no access to contraception. I have al- wrong reasons, despite the fact that ognized following her presentation. ready heard from rural health clinics, the Congress itself has asked them not The PRESIDING OFFICER. Is there as well as universities, student clinics, to do this. objection? Without objection, it is so how this provision, passed last year, is The Commerce Committee, of which ordered. hurting women and potentially causing I am a member, has passed legislation The Senator from Michigan is recog- these centers to close. Again, this is es- asking them not to vote so quickly on nized. sential health care for women that is this rule. Members of the Commerce f at risk. Committee and other Senators, 27 in I rise today to express my strong sup- total, sent a letter to the Chairman of PREVENTION THROUGH port for the Prevention Through Af- the Federal Communications Commis- AFFORDABLE ACCESS ACT fordable Access Act. This bipartisan sion this week and said: If you proceed Ms. STABENOW. Mr. President, I bill, introduced by Senator OBAMA and to do this, we will introduce legislation thank my colleague from North Da- myself and nearly 30 other Senators, is to nullify and revoke the rule you are kota for his graciousness. It is my un- a commonsense solution to a major intending to pursue. derstanding that there will be an objec- problem affecting our Nation’s family Now, despite that, yesterday the tion to this unanimous consent re- planning providers. Historically, Con- Chairman of the Federal Communica- quest. At this point there is not some- gress has expanded access to affordable tions Commission, having worked ap- one on the floor to object, so I will prescription drugs for vulnerable popu- parently the night before—at 1 a.m. he briefly talk about what I am asking lations in America by permitting phar- was still passing around materials that we do, and then, as a courtesy to maceutical companies to offer what is about what his rule was—drove our colleagues on the other side, if we called nominally priced drugs, drugs through a new FCC rule to allow news- do not have someone here I will post- that are either donated or provided at papers to buy television stations, to pone the actual motion. But let me dramatically reduced prices, to certain relax the cross ownership ban that has just say, because I want to make sure health care providers. existed for some three decades here. We I am only taking a moment—I know What we are asking for today is have in this country a dramatic con- Senator DORGAN has some important merely a technical correction, to do centration in America’s media. A sub- words—let me just say I will be asking the right thing. The Prevention stantial portion of what most people in unanimous consent that S. 2347, the Through Affordable Access Act will not this country will see and hear and read Prevention Through Affordable Access cost the Government anything and today is controlled by a handful of cor- Act, be discharged and the Senate pro- merely will allow pharmaceutical com- porations; it’s a massive concentration. ceed to its consideration and pass it. panies that are willing to continue to It is not unusual for you to drive down Due to an unfortunate drafting mis- donate drugs to safety net family plan- the street and think you’re listening to take in last year’s Deficit Reduction ning clinics to do that. your hometown radio station, but it Act, some safety net providers, such as This is invaluable in terms of wom- isn’t. Oh, you think you are listening en’s health care. I urge my colleagues family planning clinics and other to your hometown radion station, but to join me in doing the responsible health centers, cannot receive contra- they are not there. It is very likely thing by passing S. 2347 now. ception from drugmakers at nominal Congress must act responsibly now to someone is driving down the road in drug prices without violating Medic- ensure that family planning services Salt Lake City, UT, and hears the disk aid’s best price rule. These are drugs and birth control pricing are restored jockey say: Well, it is a great morning that in fact are donated. Since this law this year. For too many families across here in Salt Lake City. The sun is com- became effective in January, the provi- America, this is an urgent situation. ing up, we have got a few clouds in the sion has been a tremendous hardship Women cannot wait until next session sky, it is going to be a beautiful day. for women across America and has to have this mistake corrected and af- The traffic is kind of light. You think, driven up the cost of contraception, fordable birth control returned. well, this person obviously is in Salt family planning, by some 400 percent in At this point we do not have some- Lake City, I am listening to a Salt some cases. one, I understand, on the floor to ad- Lake City station. But, no, that person Because of this, many women cannot dress this from the other side, so I will is actually in a basement studio in Bal- afford their prescriptions, and clinics delay actually asking for the unani- timore, MD, ripping from the Internet are being forced to close because they mous consent until a later point. I do whatever that person can find about can no longer receive the donations intend to do so. It would be my hope Salt Lake City and then pretending he they have traditionally received. This that, in fact, with such a large number is broadcasting from Salt Lake City. It is sure to result in an unintended series of Senators supporting this effort we is going on all across the country and of pregnancies among low-income would be able to get this done today. it is called voice tracking. Localism is women and students. This is very seri- The PRESIDING OFFICER. The Sen- gone in many companies that have ous for women and families across ator from North Dakota. radio stations and television stations. America. Mr. DORGAN. Mr. President, as we And yet the Federal Communications Hundreds of articles have been pub- near the end of this first session I want Commission that is supposed to wear a lished documenting the impact of this to talk about a couple of things. I striped shirt and be a referee—that is mistake. We understand our Repub- think perhaps today is the last day, what a regulator is about—the Federal lican colleagues have indicated this maybe tomorrow, I do not know for Communications Commission appar- was a mistake. This has affected low- certain, but most of the business that ently believes we do not have enough income women and families on college required votes was completed last concentration in the media. campuses nationwide. Some clinics evening by about 11 o’clock. In one community in my home state, stocked up early, but their supplies are f Minot, ND, one company bought all six running out. For too many clinics, es- commercial radio stations. Think of pecially in rural areas and on college FTC that, bought all six of them. There was campuses, they simply do not have First, I want to talk about some ac- an incident one night at 2 in the morn- enough resources to overcome this pro- tion that was taken yesterday by Fed- ing that threatened peoples’ lives,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15963 killed one person, sent a lot of people to pass a resolution of disapproval of which affects almost everyone in this to the hospital, when a plume of anhy- the rule. In the meantime, the Federal country because of the way it is affect- drous ammonia enveloped that town court stayed the rule so it could not ing our economy. The subprime crisis from a train accident. The citizens take effect. Here we are now back with has at its roots a substantial amount of called the radio station, but could not the same issue, Chairman Martin lead- greed and a lust for profits, that in my get an answer. Nobody answered the ing the way. He says, well, this is a judgment injured basic common sense. phone. Maybe if those six radio sta- smaller step. Sure, it is a smaller step. I want to read an advertisement that tions had been owned by six local peo- You have abrogated the right of the almost everyone has seen or heard ple, you think you may have found American people to even understand when in the morning you get up, brush someone there? I would think so, but what you are doing. He says: Well, we your teeth, maybe are listening to the yesterday the Federal Communications had a 120-day comment period. No, you television set as you get ready for Commission said: Well, none of that did not, you had 28 days. You went out work, and you hear this advertisement. matters. We want more concentration and held some meetings, but there was We have all heard them. I wondered in the media. So they passed a rule no rule for people to comment on at when I heard them: Well, how on Earth that allows cross ownership, that has that point. can this work? been banned for some 30 years, between I want to make this point. What the Here is one, Millennia Corporation: 12 newspapers and television stations. FCC has done is arrogant. The chair- Months, No Mortgage Payment. That Well, here is the media. Let’s take a man and the ranking member on the is right. We will give you the money to look at the media. They say: Well, we Commerce Committee asked them not make your first 12 payments if you call have got all of these new opportunities to do it, 27 Senators sent them a letter in the next 7 days. We pay it for you. in the media. All of these are different saying it is inappropriate, saying you Here is one from a company called voices. We have got Internet, we have should not be short-circuiting the right Zoom Credit: Credit approval is just cable channels, we have got so many of the American people to comment on seconds away. Get on the fast track more voices. Yes, more voices, the this rule. with Zoom Credit. At the speed of same ventriloquist. This Federal Communications Com- light, Zoom Credit will pre-approve Let me describe why that is the case. mission, operating with its strings to you for a car loan, a home loan, refi- News Corporation. Here is one com- the White House, has decided what we nance, or a credit card. Even if your pany. Take a look at it. The Internet, need in this country is more concentra- credit is in the tank, Zoom Credit is books, production, programming, film, tion of the media. It is unbelievable to like money in the bank. Zoom Credit magazines, newspapers, satellite. One me. The last thing in the world we need specializes in credit repair, debt con- corporation. By the way, that corpora- in this country is more concentration solidation too. Bankruptcy, slow cred- tion has just purchased the Wall Street in the media. What we do need with re- it, no credit. Who cares? Journal. spect to radio stations and television That is the advertisement from Zoom Disney: Parks and resorts, maga- stations and, yes, newspapers are some Credit. zines, radio, books, Internet, produc- basic connections in the communities Countrywide Financial, the largest tion, television, film. Time Warner. All in which they serve. mortgage lender in the country, had of this media it owns: Programming, This notion of voice tracking and all this to say: Homeowners, do you want magazines, the Internet, film, tele- of the other things that are going on, to refinance and get cash? Countrywide vision, cable. one person at a studio board is running has a great reason to do it now. A no Viacom: The Internet, film, produc- cost refinance. It has no points, no ap- tion, programming, radio television. four or five stations, sending out ho- plication fees, no credit reporting and Well, I could go on. Let me go on to mogenized music, pretending he is in no third-party fees. No title, no escrow, two more charts. four cities at the same time, that is CBS Corporation, exactly the same not what was intended when we decided no appraisal fees. Absolutely no closing thing. Go to the most popular Internet to give for-profit companies the right costs. So you wind up with a lot more sites, who owns them? The same com- to use the airwaves that belong to the cash. panies. General Electric. Television, American people free of charge. Now the advertisements that say: programming, production, film, maga- They have a responsibility, a public Have you been bankrupt? Have you zines, and on and on. interest responsibility, and a responsi- been missing payments? Do you have So we have now a Federal Commu- bility to serve local interests. This bad credit? Come to us. Do those adver- nications Commission that says: You Federal Communications Commission tisements say something to us about know what we need? We need more con- ought to hang its head for what it did fundamentally bad business? It does to centration, less localism, less minority yesterday. It is not over. We will bring me. ownership, apparently. It is unbeliev- to the floor of the Senate a resolution Let me tell you what Countrywide ably arrogant what they did yesterday. of disapproval. I am convinced, and I Financial was doing. It is not just Let me describe why I think what they predict, that the resolution of dis- Countrywide; I am using it as an exam- did yesterday was arrogant. approval will prevail on the floor of the ple. They began to offer hybrid mort- They had a rule they were going to Senate. gage loans. They offered loans where put out some while ago dealing with I would prefer to say nice things you paid interest only. You get a loan migratory birds and communication about a Federal agency, if only we on your home, a new mortgage, and towers. They said: This is an important could find a Federal agency that takes you pay no principal. You just pay in- rule. We will give 90 days for the Amer- some responsibility for doing what it is terest only, and layer your principal in ican people to comment on this rule. intended to do. You can look around. later at the end of the mortgage. Ninety days. On a rule dealing with re- You can look at the Surface Transpor- Well, that was not enough. They de- laxing ownership limits, they gave 28 tation Board, an agency that is sup- cided: Well, we will do a payment op- days. Twenty-eight days. posed to be a referee with respect to tion adjustable rate mortgage. That al- Chairman Powell, the chairman be- the railroads. It is dead from the neck lows the borrower to pay only a portion fore Chairman Martin, ran an FCC that up; has been for years. There is no op- of the interest and none of the prin- included now-Chairman Martin. Four portunity, no real opportunity, for cipal, and the portion they did not pay years ago he said he was going to put anybody to have any opportunity to gets added to the back of the mortgage. out a new ownership rule for the contest rail rates, for example. So you advertise, and you say: You media. Here is what he proposed: In one I can go on and on with respect to know what, you have got bad credit, of America’s largest cities a company regulators. It is too bad, because the you have been bankrupt, you are a slow could own the following: eight radio American people deserve better, in my pay, your credit rating is in the tank, stations, three television stations, the judgment. The American people expect tell you what, we will give you a cable company, and the newspaper, and better from this administration. subprime loan. Do you know what? We it will be fine. I want to speak on another couple of will give you a loan at 2 percent. It will Well, it was not fine with me. Sen- subjects this afternoon. First, I want have to bounce up when it resets in a ator TRENT LOTT and I got the Senate to talk about the subprime loan issue, while, so you will have to pay a little

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15964 CONGRESSIONAL RECORD — SENATE December 19, 2007 more later, but we got this housing and ending on the other side with so- Every bubble will burst. Part of the bubble going on, you know, bubbles phisticated investment banks and rat- housing bubble was created by never burst. So buy this and flip it. If ing organizations believing they can subprime loans and by all of these folks you cannot make the payment 2 years buy these pieces of mortgage sausage deciding: We are going to get all these from now when the interest rate resets, that, at its fundamental, never added mortgage instruments out there, even you can flip the house and make up, and they believe they can show big if they are not sound fundamentally. $30,000, $50,000, $100,000, do not worry, profits on their books. The result is That helped exacerbate the bubble. The be happy. now we see CEOs of some very large plain fact is, the bubble was destined to In fact, some of this comes from cold corporations who are not only losing burst. Then what happened? What hap- calls to the home from brokers in some jobs, but the corporations are taking pened is what we see now—substantial cases making $10,000 $20,000, $30,000 in writeoffs of $8 billion, $10 billion. This financial chaos, some companies run- fees, saying: What you need is a new is going to be a casebook study of bad ning, trying to figure out what hap- loan. It is a new loan that is going to business in all business schools at some pened, and we have a lot of victims. have a 2-percent interest rate. And, by point. George Will suggests that nobody is a the way, when we tell you what your The question is, How does it happen victim who got a home loan. I beg to monthly payment is going to be, we are that all of this occurs outside of the differ. The fact is, those who were get- not going to tell you that you have es- view of regulators or outside of the ting cold calls from fast-talking mort- crow payments on taxes and insurance. concern of regulators? Where was the gage brokers trying to put them in a That will not be part of what we tell Federal Reserve Board when all of this mortgage they didn’t quite understand you. So we will get you into this new happened? Where was Alan Greenspan? and could not afford, those folks have mortgage loan, and we are going to He was walking around scratching his been victimized. I don’t pretend to have a prepayment penalty. You are head, worried that we were going to know all the solutions, but I know the locked into a circumstance where the pay down the debt too rapidly in the start of a solution is to decide, No. 1, rate is going to reset, and when it first part of this decade. He was the en- you can’t be peddling this kind of resets, you cannot pay it off early be- abler for George Bush for deciding that thing. We have seen it before in other cause you will have a big penalty. This even though we don’t have a fiscal pol- decades. It almost always leads to col- from the largest mortgage lender in icy that has yet produced 10 years of lapse and chaos. Second, you can’t ef- the country. surplus—we had a surplus when Presi- fectively function in a financial system I don’t know how one looks at this dent Bush took over, but the prediction such as ours unless you have some reg- and understands the consequences of it was for the next 10 years—even though ulatory capability. for mortgage lenders that went hog- we didn’t yet have that, he had an en- I had recently written a piece about wild. They then gave people subprime abler in Alan Greenspan walking a new financing system that has emerged in our country and around the loans. It is called subprime because it around scratching his head, trying to world—but especially it is developing doesn’t quite measure up and has very figure out how he could sell the Bush here—that represents the dark side of unusual terms. What they do next with policy by saying: I am really worried money. It is the equivalent of the dark the subprime loans is they sell them we are going to pay down the debt too matter in the universe, the dark money quickly, and then they are securitized quickly and it will have an adverse im- that exists that is outside of the sight by perhaps a third party who sells pact on the economy. He, more than of anybody. When you take a look at them again, so they are sold in two or anybody, gave a green light to a bad what is happening with respect to three cases. It is like putting sausage fiscal policy. Even as that was occur- hedge funds and derivatives, a whole together, the old story about how sau- ring, he apparently was looking the series of things happening in our finan- sage used to be made with sawdust. It other way in a determined manner as cial system that are outside of the reg- is a filler used to make sausage. You all of this was happening under his ulatory capability or even the sight of get a container—in most cases the in- nose. It is the Federal Reserve Board, regulators. testine—you fill it up with a little yes, but it is also other regulators as I gave a speech talking about where meat and sawdust, and then you slice well who should have been involved. If the price of oil is. One of the senior an- it. That is what they did with these ever there is a lesson that you need ef- alysts of Oppenheimer says there is no mortgages. They took some subprime, fective regulatory capability in a gov- reason that it ought to be 5 cents above they took some others, they diced ernment, it ought to be now. $55 for a barrel of oil. There is no jus- them, spliced them, securitized them, I was watching a wonderful series tification for the price of oil being a sold them two or three times. about the Presidency. It is documen- nickle above $55 a barrel. It is above $55 Now we have a circumstance where a taries about most of America’s more a barrel because the futures market for financial institution in France has a recent Presidents during the last cen- oil has become an orgy for speculation. massive problem because they are tury. One of them was about Franklin We have hedge funds deep in the fu- holding securities they didn’t know ex- Delano Roosevelt, something he did tures market for oil. We have invest- isted with subprime loans that were during the 1930s that was unbelievably ment banks in the futures market for sliced and diced. What is the incentive controversial. During the 1930s, he de- oil. There are reports that some invest- for the investor to buy these? The in- cided banks should be regulated. He did ment banks are actually buying stor- vestor is greedy. The broker is greedy. that for a good reason. He decided age facilities so they can actually take The mortgage lender is greedy. The in- there should be regulation of banks. He the supply off the existing inventory, vestor who wants to buy these sliced- was excoriated by American business put it in storage, and wait until the and-diced pieces of mortgage sausages and by banks. What on Earth are you price goes up. There is so much going is going to get a higher return because talking about? Why should banks be on in this country’s financial system you have to reset the interest rate. regulated? that desperately needs the capability That is going to jack rates way up, The question is, What happened to ef- for regulators to understand what is which means you get a higher return as fective regulation that began to be cre- happening and take effective action to an investor. Guess what. The center ated over some decades to protect the respond to it. pole of the tent collapses, and every- public interest, when we now see in the Mr. WEBB. Will the Senator yield? body is standing around wondering year 2007 this kind of behavior, a Mr. DORGAN. I am happy to yield. what on Earth happened. subprime mortgage crisis that at its Mr. WEBB. If I may, this Senator What happened was an unbelievable roots is devoid of common business came to the floor on other business, system filled with greed by everyone sense? Yet it happened, and the smart- but I followed the Senator’s comments who should have known better, start- est guys in the room—to describe the with some fascination and gratitude, ing with television advertising that title of a movie dealing with Enron— quite frankly. I admire the Senator for said, ‘‘Get a loan from us even if you apparently were the ones who con- coming down here week after week and are in bankruptcy because we are in- structed it. Now we all pay the price. addressing issues that in many cases terested in helping you out, even if you Warren Buffett, one of the wonderful are conceptual issues that don’t usu- have bad credit,’’ starting with that business leaders in this country, says: ally get the time for consideration in

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15965 this body. One of the events that came My colleague will know that in re- what a Republican was. They are an to my mind when the Senator was cent days we have had a debate with important part of this political system. talking about Franklin Roosevelt’s ad- President Bush about who the big The one thing you could count on from ministration and his willingness to reg- spenders are and so on. The biggest real Republicans is they believed you ulate banks—and we have seen such a spender by far has been President ought to balance budgets. It is what it push of late against any sort of Gov- Bush. He has sent us budgets that rep- was in my hometown. It is what it used ernment regulation—was when Andrew resented the highest amount of spend- to be in this Chamber. Jackson vetoed the charter for the sec- ing and the biggest deficits we have Now, that new brand is: Let’s spend ond national bank, which was an act had for a long time. When we tried to money, and let’s add it to the Federal that Historian Vernon Louis pay for some things, we said: Let’s do debt. This is not some Democrat that Parrington termed ‘‘the most coura- certain things and pay for them. The is doing this; this is President George geous political act in American his- President said: Not on your life. We W. Bush asking for over two-thirds of a tory.’’ Andrew Jackson did it for ex- will not allow you to pay for these trillion dollars and asking that none of actly the same reasons as the Senator things. it be paid for. We will send soldiers to from North Dakota is stating. What Here are the things we wanted to do war, but we will not have the courage Andrew Jackson said at that time was to pay for some of those things, some to ask the American people to help pay that if the charter of the second na- things that were worthy—for example, the bill. tional bank came into place, it would extending incentives for renewable en- In recent days and weeks, we have have created and perpetuated an unbri- ergy and so on. We said: Those people, been treated to quite a sideshow of this dled aristocracy in the United States. including hedge fund managers, who administration describing their view of It would have allowed the continuation are making a lot of money and are pay- fiscal responsibility. They have said of aristocracy in a nation that was sup- ing a 15-percent income tax rate, which the Senate wants to spend $22 billion posed to be a democracy. is a lower rate than the receptionist in more than the President in this year I particularly associate myself with the office down the street is paid, they on things such as health, education, the remarks of the Senator when it should be paying an income rate like taking care of sick kids, improving comes to the verticalization of our all Americans. The President said: Not America’s classrooms, energy—a whole communications industry. You can series of things—weather assistance, look back in history. Whenever on your life. We described in a picture what is home heating fuel in the winter. For authoritarianism takes hold of a na- happening. We said: We want to shut all of these things, the President says tion, they do it through three entities. down tax scams that allow Wachovia to no. He says: You want to spend more They take out the ability of people to buy a sewer system in Germany, not than I do here at home, so you are big worship. They attempt to decimate the because they have expertise in German spenders. You are $22 billion over my family, and they go after the ability of sewers; they want to buy the assets of number. And, oh, by the way, I am $196 people to speak freely. In some cases, a German sewer system so they can billion over your number. He says: I this verticalization, it can be argued, is simply economic. But certainly in a lot write off hundreds of millions of dollars want that, and I don’t want any of it of areas, when you have this in taxes they would otherwise owe this paid for. I think it is long past the time to verticalization of ownership from film country. The President said: No, you start taking care of a few things at to TV to local TV stations to news- can’t be doing that. That is a tax in- home, and I think there is a right and papers, it can affect people’s access to crease. From David Evans, a really great re- a wrong way to do it. It is time we pay information. It can affect people’s abil- porter, I got a picture of this building, for that which we spend, and there are ity to make reasoned judgments. I wanted to interrupt the Senator for the Ugland House, some while ago. plenty of ways to do it. If we have the a few minutes to state my appreciation This is a 5-story white house in the richest people in the country paying 15 for his coming to the floor week after Cayman Islands, home to 12,748 cor- percent tax rates, I think they ought to week and making these points. I will be porations. Are they there? No, it is a pay what others pay. very strongly desirous of working with legal fiction. Lawyers have put them As I said, the second richest man in him on both of those issues. there legally so they can avoid paying the world, Warren Buffett, is a remark- Mr. DORGAN. Mr. President, I appre- U.S. taxes. The President doesn’t want able businessman and an interesting ciate the comments of the Senator to shut those things down. He said: No, guy and somebody I have had the op- from Virginia. He said something about if you shut this sort of thing down, we portunity to know over the years. He a year ago that I have long remem- call it a tax increase, even as the Presi- said he did a little test in his office in bered because it is something I have dent is protecting these unbelievable Omaha, NE. I think he said there were been concerned about. He was talking opportunities for the wealthiest to 30 or 40 people who worked in that cen- about the economy and about con- avoid paying taxes, at a time when the tral office. He checked—with the co- centration in the economy. It relates debt is increasing dramatically. operation of his employees—to find out to what I was describing about big Here is what the President has done what their effective tax rate was. companies and the media. Senator since the year 2002. He sent us emer- Guess what. The lowest effective tax WEBB talked about the fact that we gency requests, none of it paid for, and rate in his office was Warren Buffett’s. have reached a point now where the av- said: I want it all added to the Federal And he said, to his credit: That is just erage CEO in America makes 400 times debt. In 2002, he said: I want $50 billion. wrong. Why should I pay a lower tax what the average worker makes. In 2003: I want $76 billion. I don’t want rate than the receptionist in my office? I was doing some writing the other to pay for any of it. Add it right to the This is from the world’s second richest night about this issue. I talked about debt. I am sending soldiers to Iraq and man. hedge funds a few moments ago and Afghanistan. When they come back, Very few in that stratosphere in in- their role in the subprime mortgage they can pay for the debt. In 2004: I come will take that position. Most of scandal. I was talking about what want $87 billion. In 2005: I want $82 bil- them are spending a lot of money to hedge fund managers are earning. lion. In 2006: I want $92 billion. It is all try to preserve what they have: a 15- From a recent Alpha Magazine report emergency money outside the budget, percent tax rate. In many cases, the on compensation—the hedge fund man- all added to the Federal debt. In 2007: I top hedge fund managers in this coun- ager who earned the most last year want $103 billion. And in 2008: I want try are paying the 15-percent tax rate made $1.7 billion. James Simons did $196 billion. on massive earnings, and they have that. And $1.7 billion means he makes He has asked for over two-thirds of a this President in the White House try- in 1 hour what the average worker trillion dollars and wanted to charge it ing to do everything he can—and so far makes in a year, but he makes it every all to future generations, and he has successfully—preventing those of us in hour. The point I am making about gotten by with it. Then he sits in the the Congress who want to say to the this is the skewed nature of this eco- Oval Office and says: Well, I am the fis- wealthiest Americans: Pay the tax rate nomic system of ours and what is hap- cal conservative. I do not think so. I that the rest of us pay, that everybody pening in it. grew up in a small town. I understood else pays.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15966 CONGRESSIONAL RECORD — SENATE December 19, 2007 The point I wanted to make, very I think while there are a lot of rea- want change in our foreign policy. simply, is this: The President has made sons we did not make as much headway Americans want change in our energy a big cause in recent weeks about being as we would have liked in this Con- policy. And above all, Americans want a fiscal conservative. There is nothing gress—we are, after all, only 51–49 in change in our health care policy at fiscally conservative about an adminis- the Senate and about the same per- home. tration that took a very large budget centage in the U.S. House and a Presi- So this afternoon I am going to spend surplus and turned it into very large dent who has a veto pen. Despite all of just a few minutes talking about some budget deficits. There is nothing con- that, for the first time in nine years we of the most urgently needed changes in servative about protecting tax breaks increased the minimum wage. Those American health care, and then how for the wealthiest Americans. There is folks working at the bottom of the eco- the Congress can go about setting nothing conservative about proposing nomic ladder—the ones who work two those changes in place. two-thirds of a trillion dollars of spend- jobs, sometimes three jobs. I believe in Above all else, Americans want ing and wanting to add it to the Fed- 60 percent of the cases, it is a woman changes in health care costs so as to eral debt. That is not conservatism. trying to make ends meet, often trying hold down these staggering expenses. That is reckless fiscal policy and one to raise a family—for the first time in This country is going to spend $2.3 tril- that ought to change. 9 years, we increased the minimum lion this year on health care. There are One final point: The President, wage to say to them: You matter as 300 million of us. If you divide 300 mil- today, is signing an energy bill. We well. You are at the bottom of the lad- lion into $2.3 trillion, you could go out wrote an energy bill, and it is a good der, but there are ways we can help and hire a physician for every seven bill. It comes up short in two areas. We you. And an increase to the minimum families in the United States. That is should have increased renewable en- wage is a significant accomplishment. how staggering the health care costs ergy provision in it that requires that We passed a reauthorization of the are in this country. You could literally all electricity produced in this country Higher Education Act, and that was go out and hire a physician for every should be produced with 15 percent significant. We increased Pell grants seven families in the United States, from renewable resources. That ought and student loans. We did some impor- pay that doctor $200,000 for the year, to be in the bill. It is not in the bill tant things in Congress. We passed an and say: Doctor, your job for the year that passed. will be to take care of seven families. Second, we ought to have had the ex- energy bill at the end. Would we have wished we could have In fact, I know the Presiding Officer tenders, extending the production tax done more? Sure. But the fact is, with has a great interest in health care as credit and other incentives for the re- well. Whenever I bring this up at a newables and other sources of energy this President in the White House, we were not able to get all the things we townhall meeting, and physicians are in order to make sure we are going to in the room, they usually say: Where continue to push on renewable energy wanted to get done. But we will. The future is about change. The agenda do I go, Ron, to get my seven families? incentives. Because they think it sounds pretty But having said that—we did not get that we care so much about is about good to change the American health that because of the President and his change, about pivoting and beginning care system so they can do what they supporters—having said that, here is to take care of things in this country were trained to do, which is, to be ad- what we did get: We got an energy bill that have long been neglected. that, for the first time in 32 years, re- Having said all of that, I feel opti- vocates for people, to stand up for their quires Detroit and the auto companies mistic. I like what we have done. I patients, to make sure they get the to make automobiles that have better know this is a time that is very frus- best shake for American health care. Certainly, employers want changes gas mileage, 10 miles to the gallon in 10 trating for the American people for a to hold down the costs of health care. years, beginning in the year 2011. That lot of reasons: the war in Iraq, the Today, if you are opening a business in is a significant change. I am proud to subprime loan scandal, the massive Coos Bay, OR, or Stowe, VT, you are have been a part of causing that scandal of waste, fraud, and abuse in change. I was the principal author of a contracting for the war in Iraq and competing in the global marketplace. legislative initiative supported by Hurricane Katrina, the most signifi- You essentially spot your foreign com- SAFE, Securing America’s Future En- cant waste, fraud, and abuse in the his- petition something like 20 points the ergy. That called for the increase in re- tory of this country. day you open your doors in Vermont or formed CAFE´ standards. It called for a I know why people are upset. They Oregon or anywhere else. That is be- substantial increase in renewable fuels, are upset about jobs going overseas, cause your premiums go up 13, 14, 15 which we have done by a 36-billion-gal- trade policies that, in my judgment, percent a year, and your foreign com- lon renewable fuels standard to be are bankrupt in terms of standing up petition benefits from national health achieved by 2022. for this country’s interests. But the insurance. So that is what these crush- We have a title that is very good fact is, all of those things are things we ing costs mean for the business com- dealing with conservation and effi- can change. Step by step, we can make munity. ciency of virtually everything we use these changes. That is why I feel opti- If you are lucky enough to have in this country today. We get up in the mistic. health insurance in our country—and morning, we turn on a switch, and then Mr. President, with that, I yield the because the costs are going up so we turn on a key. We see light, and we floor and suggest the absence of a high—you are literally one rate hike start the car. We don’t think much quorum. away from going without coverage. about energy, but it is central to our The PRESIDING OFFICER (Mr. One of the reasons the costs hit peo- lives. SANDERS). The clerk will call the roll. ple with insurance so hard is that We are so unbelievably dependent on The assistant legislative clerk pro- today in America, if you have cov- foreign sources of energy. Sixty per- ceeded to call the roll. erage, you also pick up the bills for cent of the oil we use comes from out- Mr. WYDEN. Mr. President, I ask those who don’t have coverage. I am side our country, much of it from trou- unanimous consent that the order for sure the distinguished Presiding Offi- bled parts of our world. We have to the quorum call be rescinded. cer of the Senate hears the same thing change that. The PRESIDING OFFICER. Without I do at home. Somebody who has cov- I am proud of the bill we have passed objection, it is so ordered. erage, for example, is in a hospital and in this Congress. It is a significant ac- f looks at the expenses and the bill and complishment. We need to come back it says something like Tylenol, $60. A next year, and do the renewable energy HEALTH CARE citizen comes to one of us at a town- piece, saying every kilowatt of elec- Mr. WYDEN. Mr. President, anytime hall meeting and says to us: What do tricity produced in the country should I am home in Oregon or have a chance you mean Tylenol costs $60? I could have 15 percent renewable. We can take to travel around the country, when I have gone to CVS or to some other energy right from the wind, and we can hear citizens talk about Government, pharmacy and I could have gotten Ty- extend America’s energy supply with they zero in on one word above all else. lenol for $20. Why did it cost me that renewable energy. That word is ‘‘change.’’ Americans much? The reason it costs that much

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15967 for somebody who has insurance is biggest outpatient program in the would mean they might be without there are a lot of people in the hospital country that offers no rewards for, for coverage between 57, 58, and 65. You who don’t have coverage and they example, lowering your blood pressure, can’t be without health care coverage, couldn’t pay for their Tylenol, so the lowering your cholesterol, stopping as the Presiding Officer knows so well, cost gets shifted over to the people who smoking. The biggest outpatient pro- for 7 or 8 years. are insured. gram in the United States is Part B of So the individual who has coverage So first and foremost, when it comes Medicare. Available to more than 30 at work is worried about the trends, to changes in health care, we need million older people in our country, it and in a lot of instances, that worker changes that rein in these staggering is the biggest outpatient program that feels job-locked. They would like, for costs—costs that are going up far be- offers no rewards for sensible preven- example, to look at another position, yond what cost increases are elsewhere tion. We have to change this bias. We say another position that paid more, in the world. can look at the problem in this country but they can’t do that because they The second area that is so critical to of childhood obesity and the onset of fear if they gave up their current posi- change in American health care is low- type 2 diabetes. If we don’t focus on tion, they would go into the market- ering the administrative costs in prevention, wellness, and keeping our place and they would be uninsurable. American health care. We have higher citizens healthy, we will see these con- They might have an illness. They administrative costs than any other tinued increases in the costs of chronic might have had a previous health prob- country on Earth. Once again, you see care later in life, when heart disease, lem. They know what goes on in much it at home and in your State when phy- stroke, diabetes set in and our country of the marketplace—that there is a lot sicians and others come to you. In my racks up still additional health care of insurance company cherry-picking home State, in a typical doctor’s office costs because there has been no focus and that the insurance companies with a few physicians, there is one per- on prevention. screen out people who have these son who will spend the entire day on Finally, it seems to me there has to health problems and try to send them the phone essentially trying to pry out be a much sharper focus on improving over to Government programs. So a lot information from insurance companies quality in American health care. When of our citizens feel job-locked and un- as to what they will pay on one claim people talk about changing health able to move. It is why I think one of or another. These are clerks trying to care, they usually focus first on costs the most important changes that is get information about an insurance and that is why I brought it up ini- needed in American health care is to company matrix, trying to figure out tially. But they also want to make sure modernize the employer-employee sys- what will be spent because this country they get better quality care. Right tem. Because what we have today in still lacks a uniform billing system be- now, with citizens reading reports, for 2007 isn’t all that different from what cause there are so many differing sys- example, from the Institute of Medi- we have had since 1947. My view is that tems of paperwork and charges. This cine—about thousands and thousands will be one of the most important country’s staggering administrative of needless deaths, hospital deaths, changes the country needs to look at in costs are an area that desperately other deaths—it is obvious that steps American health care. needs to be changed in American need to be taken to improve the qual- Finally, let me touch on the other health care. ity of our health care. Some of them side of the prevention coin in American Most other parts of the country have are steps that certainly sound fairly health care. If we don’t make changes simplified their record-keeping and simple: Better infection control in our and improve our system of health care their administrative costs. They use health care facilities, making sure sen- prevention, what is surely going to electronic record systems. Today, for sible steps are taken after an indi- happen is we will face increased costs example, the typical doctor’s office has vidual has a heart attack. Clearly, for chronic health needs in America. less technology to hold down adminis- there needs to be more focus on early Already, the evidence shows something trative costs than the corner grocery diagnosis of illness, which I think is like 6 percent of the Medicare popu- store. So second on my list of changes part of a continuum of better quality lation consumes 60 percent of the over- to American health care are steps that care that starts with prevention and all Medicare bill. These are the people would be taken to slow and reverse the zeroes in on early diagnosis. But those who have problems with heart and crushing increase in administrative are some of the areas I think need to be stroke and diabetes—and the costs of costs, hassle for doctors, and needless changed. chronic care go up and up and up. A time and heartache that go into admin- The reality is the reason for all these modern health care system, one we istering American health care. changes and the reason why the coun- ought to be looking at going to in the The third area of change—something try wants them is the health care sys- future, would put a better focus on I know the Presiding Officer feels very tem hasn’t much kept up with the chronic care management. So when strongly about—is moving health care times. For more than 150 million peo- you have an individual, for example, to prevention and wellness rather than ple, the employer-based system is pret- with several of these conditions, there sick care. The fact of the matter is ty much what we had in the 1940s. I is an effort among physicians and oth- that in the United States we don’t have talked earlier, for example, about the ers to coordinate care. One of the best health care at all. What we have is sick crushing toll it takes on employers, ways to do that is to have something care. The Medicare Program shows this where they spot their foreign competi- which has come to be known as a more clearly than anything else. Medi- tion 18, 20 points the day they open health care home, where, in effect, an care Part A, for example, will pay huge their doors. But let’s think about what individual—a patient—can designate checks for a senior citizen’s hospital it means for individuals. one person to coordinate their care bills. The check goes from the insur- Right now, I can tell my colleagues a when they have these multiple kinds of ance carrier to a hospital in Vermont lot of individuals are very concerned, problems. But talk about the need for or Oregon or anywhere else—no ques- as they see their employer hit with change: The Government does virtually tions asked. Medicare Part B, on the these crushing costs and that every nothing to promote the chronic care other hand, the outpatient portion of year their package will be skinnied management which I have described Medicare, will pay virtually nothing down. There will be more copayments and have had a chance to talk about for prevention—virtually nothing to and fewer services, and a lot of them with the Senator from Vermont. keep people well, to keep them are very worried about whether their So we are going to have a chance to healthy, and to keep them from land- employer will be able to offer coverage go home now for a few weeks and go to ing in the hospital and racking up all at all. A lot of individuals come to me the townhall meetings and the Cham- those huge hospital expenses under at townhall meetings and say: Ron, I ber of Commerce lunches and the serv- Part A. That is a bizarre way, in my am 56, 57. I am not sure my employer is ice clubs. We are going to hear citizens view, to run the Medicare Program. In going to be able to hold onto our cov- talk about their hunger for change in a fact, the Medicare Program, which is erage at work, and what will I do if I lot of areas: foreign policy, energy pol- so biased in favor of sick care rather lose coverage at work and I am not yet icy, education policy—a variety of than wellness and prevention, runs the eligible for Medicare. This, of course, areas. I think what they are going to

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15968 CONGRESSIONAL RECORD — SENATE December 19, 2007 talk about when it comes to addressing who is truly a danger to themselves or want to put the resources through this their concerns here at home is the need others or has been admitted to a men- authorization—it covers those who for change in health care policy in tal institution and considered mentally could be a danger to themselves and America. They are going to talk about defective—that is a term of the bu- others, and we are going to help the what is going to be done to contain the reaucracy—is not allowed to purchase States implement this law, the law on costs, what is going to be done to re- a gun. We all agree to that in this the books, by authorizing significant duce some of the mindless paperwork, country. So when you don’t follow the sums to do this. It is not a new author- how we can put more focus on preven- law, the laws don’t work. Con- ization; $400 million was authorized be- tion and wellness, make better use of sequently, the families are suffering fore, but the appropriators didn’t ap- health care technology, and offer sen- great grief at this time because the law propriate it. They chose to make a sible policies that reward the coordina- wasn’t followed. higher priority. The most ever appro- tion of managing cases for individuals Too often, the first reaction of Con- priated under this, I think, was $23 mil- with chronic conditions. These are the gress is to hurry up and pass a bill. lion a year. key areas they talk about. It all comes There are and have been in this bill So, in fact, what we want to do now down to a health care system that some good ideas. But there were some is say we mean it, which means when it doesn’t work very well for them, No. 1. bad ideas. The idea of holding the bill comes to appropriations time, this au- The issue becomes how can it be that a to be able to work with those who are thorization will have no effect unless, country such as ours—the richest coun- offering the bill to get improvements in fact, we appropriate the money to try on Earth, with all these wonderful has come about. The principle is this: the States to carry out this notifica- doctors and hospitals—cannot figure As we protect people from the dangers tion system. It is something we can out how to meet the health care needs of weapons by withholding both crimi- and must do. It shows that when we of our people. nals and those people who constitute a work together to solve the problems I believe we know what needs to be threat to themselves and others, we and protect the future and honor the done. I have tried to outline a number can’t do that if we are going to step on Constitution, the rights under the Con- of these key areas. As the Senator from the rights of those who have a right stitution, we can do that if people of Vermont knows, I have offered legisla- and who are not in that category. good faith and of good intent work to- tion with Senator BENNETT of Utah— I wish to take a moment to thank gether to solve that. we have 13 cosponsors on a bipartisan Senator SCHUMER for his hard work and My compliments to Senator SCHUMER bill—that addresses these kinds of con- Elliot of his staff for his hard work and and his staff and Hendrik Van Der cerns. But now, when we are home and to recognize my staff, Jane Treat and Vaart on my staff for the hours and we have a chance to listen to folks, I Brooke Bacak and others on my staff hours we have put in to make sure this think we will have a chance also to who worked through the last couple of happened. talk about real priorities for our coun- months to improve this bill. We have A couple other key points. Some- try, the changes that are needed. We come out to make sure those people, times the bureaucracy delays whether need to especially talk about the veterans in this country who go out or not you are on this list. So we have changes that are needed in American and defend, with their lives, bodies, and said that, at the end of the year, if health care so this country can end the their futures, our rights, aren’t inap- they can’t decide, it is going to be ad- disgrace that we are the only Western propriately losing their rights under judicated that you cannot have a gun industrialized Nation that hasn’t been this legislation. and you will have to prove that you able to figure out how to get basic, es- It is interesting for the American can. That is fair enough, provided we sential health care for all our citizens. people to know that at this time, if you create the means with which you can We are up to it. It is now a question of are a veteran and you come home with recover the cost of that adjudication. political will and our willingness to a closed head injury and you resolve So if, in fact, you get to Federal court embrace change. that, then, in fact, by the time you and you win your case that there is not I have appreciated the chance this wake up and recover over a year or 2- anything wrong with you, the Federal afternoon to outline some of the most year period, you will have lost all your Government is going to pay your law- important changes that are needed. rights to bear an arm to be able to go yer’s fees and return your rights—the I yield the floor. hunting, to be able to skeet shoot, to rights given to everybody else in this The PRESIDING OFFICER. The Sen- be able to hunt with your grand- country—return your wrongly denied ator from Oklahoma is recognized. children, without any notification rights back to you. f whatsoever that you have lost that Therefore, we really, truly do give right. That is the present law. That is access to those who have been injured CRIMINAL BACKGROUND CHECK what is happening. under this law and, at the same time, IMPROVEMENT ACT We have 140,000 veterans with no his- protect the rest of the American public Mr. COBURN. Mr. President, later tory of mental deficiency, no history of from those who could be injured when today, Senator SCHUMER will bring up being dangerous to themselves or oth- we don’t follow the law. the Criminal Background Check Im- ers, who have lost, without notice, I also pay tribute to Congresswoman provement Act, which is an important their right to go hunting, to skeet MCCARTHY. I served with her in the piece of legislation. When this bill was shoot, to have that kind of outing in House. She has been dedicated to this originally hotlined, we asked that it be this wonderful country of ours in a issue for years. She suffered a terrible held so that we could discuss the im- legal, protected sense. What this bill tragedy herself at the hands of some- provements to the bill. does is it attempts to address that by body who was obviously deranged. This This bill came out of the tragedy at giving them an opportunity for relief. will mark a milestone for one of the Virginia Tech. It is important that the It mandates that, first of all, they are things she wanted to accomplish dur- American people understand that what notified if that happens to them so ing her service in the Congress. we are changing in this bill would not that they know they are losing their It is my hope that others will not have prevented what happened at Vir- rights. What a tragedy it would be if a hold this bill. It is my hope that when ginia Tech. What happened to the indi- veteran who lost his rights but doesn’t it comes appropriations time, the mon- viduals there was because the law we know it becomes incarcerated under a eys that are necessary to put the peo- have on the books was not followed by felony for hunting with his grandson ple who really are a danger to them- the State of Virginia. They recognized because it is illegal for him to own, selves and others on the national that shortly thereafter and have made handle, or transmit a weapon? That is criminal background check, that they corrective action to it. not what we intended to do in this Con- will get there, and that those who What is also important to note is gress some 10 years ago. Yet that is the should not be there will not be there. that under the previous legislation we real effect of what is happening. So it is a balance, a balance for protec- have had, over $400 million a year was Consequently, we are at a point now tion, but it is also a balance to pre- authorized to help the States imple- where we have agreed with the fact serve rights, especially for our vet- ment the programs so that somebody that we want to make sure—and we erans—the very people who continue to

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15969 protect our rights. They are going to These records go into the national in- The House passed a bill on June 13, be preserved. stant criminal background check sys- 2007. Around the same time, Chairman Myself and Senator SCHUMER sent a tem, the NICS, that we rely on to LEAHY and I began work on a similar letter to the ATF asking them to re- screen for those who should not be al- bill. As I said before, I thank Chairman consider some of the wording in their lowed to buy guns. It has the support, LEAHY for his leadership in recognizing ruling because it puts people in there I am proud to say, of both the Brady the importance of this issue. We at- who should not be. We are hopeful that organization and the NRA. This was a tempted to pass the bill by unanimous they recognize that, and that they, be- collaboration that occurred over the consent. Senator COBURN, as was his cause of a bipartisan query, do a rule- last year. right as a Member of the body, held the making process that really directs this I also thank my colleague from Okla- bill based on concerns he had. where it should be. When that happens, homa, Senator COBURN, and my col- Rather than try to go around our col- we will have finished everything we league from Massachusetts, Senator league, we worked with him. And I need to do, except get the dollars ap- KENNEDY, because both agreed last must say, from the beginning, Senator propriated to implement this act. night on final language. COBURN acted professionally, respect- Again, my hat is off to Senator SCHU- Today, millions of criminal and men- fully, and in good faith. MER and those who have worked tire- tal health records are inaccessible to When it comes to guns, I do not agree lessly to get this done. It is with great the NICS, mostly because State and with TOM COBURN on much, but he and appreciation for the manner in which it local governments have noncomputer- I sat down at length and worked was handled, and it is my hope that we ized or outdated records. Furthermore, through our differences on this bill. I will pass this on and see the great ac- the process is spotty, as States are not can say with full confidence, this bill is complishments of protecting people required by law to turn over all perti- something on which both of us can from those who are a danger to them- nent information that could prohibit a agree. selves and others. person from buying a gun. As a result, At the heart of the concerns of my I yield the floor and suggest the ab- many people who simply should not friend from Oklahoma were fears the sence of a quorum. have guns are allowed to purchase bill, as originally drafted, could have The PRESIDING OFFICER. The them. the unintended consequence of jeopard- clerk will call the roll. This bill will address that problem. izing the rights of law-abiding vet- The legislative clerk proceeded to In a word, without affecting a single erans. call the roll. law-abiding citizen’s gun rights, the This not being a gun control bill, and Mr. BYRD. Mr. President, I ask unan- bill will make America safe. it has never been our intent to jeop- imous consent that the order for the I started working on this legislation ardize the rights of lawful citizens and quorum call be rescinded. a long time ago in 2002, along with my veterans, we have made changes to ad- The PRESIDING OFFICER. Without colleague Representative CAROLYN dress our colleague’s concern, and he objection, it is so ordered. MCCARTHY. That was when on Long Is- told me he will lift his hold as a result. Mr. BYRD. Mr. President, I see that land, in my State of New York, a gun- Remember, I was an original sponsor the very able Senator from New York, man who was a paranoid schizophrenic of the Brady bill. I care about seeing Mr. SCHUMER, is on the floor. May I ask slipped through the cracks of the sys- the background check process work the if he wishes me to yield to him. tem and bought a .22 caliber semiauto- right way. I will not support legisla- Mr. SCHUMER. Mr. President, I ask matic rifle. He then took that gun, tion I believe will hurt the system. But my colleague from West Virginia if he walked into a morning service at Our today we have a great accomplishment. might yield to me 5 minutes. Lady of Peace Church and gunned down It is fitting that at the end of this ses- Mr. BYRD. Mr. President, I am glad its beloved priest and one of its most sion we are there, proud of the bipar- to do so. prized parishioners. tisan process. Chairman LEAHY, Sen- The PRESIDING OFFICER. The Sen- So Representatives CAROLYN MCCAR- ator COBURN, Senator KENNEDY, and I ator from New York. THY, JOHN DINGELL, and I worked on came up with a solution last night at Mr. SCHUMER. Mr. President, first, I legislation to help improve the back- about 11 p.m. on the floor. Senators thank my distinguished colleague and ground check system. We wanted then, COBURN and KENNEDY shook hands, as I our great leader from West Virginia, as we do now, to make sure no more watched, and we have come to an Senator BYRD, for yielding. Unfortu- dangerous people are allowed to get agreement. Through all this negotia- nately, at the end of session, there are guns. tion, this bill has the backing of both many needs that intercede. Over the years, as it often does, the the Brady Campaign to Stop Gun Vio- We have just heard that the hold on political process played out. It would lence and the National Rifle Associa- a bill will be lifted. I want to get it pass one House but not the other, and tion. moving so it can get over to the House the bill was stalled. So now the hard work is done. We before they leave. Once again, the Sen- As this has gone on, we have not must pass this legislation. We must get ator from West Virginia is not only stopped working and have kept alive it back to the House for them to pass gracious and capable, but he has been the faith this legislation would one day again before they adjourn, and then we kind to me from the day I came to the become law. Through it all, every one must get it on the President’s desk to Senate, and it is something I will al- of us hoped desperately that there be signed into law. The parents of Vir- ways treasure. I thank my friend. would not be another preventable trag- ginia Tech families and millions of Mr. BYRD. I thank the Senator. edy, another time when the system other Americans, including those at f failed. But on April 16, 2007, our deepest Our Lady of Peace congregation on fears came true. Long Island are waiting for this mo- NICS IMPROVEMENT I do not need to recite the facts of ment. We have waited a long time. As AMENDMENTS ACT OF 2007 what happened at Virginia Tech. Every citizens and parents, we must do every- Mr. SCHUMER. Mr. President, I rise one of us is aware of the unspeakable thing to see that we do not have an- in support of the Leahy-Schumer sub- horror that took place on the campus other Our Lady of Peace shooting or stitute to H.R. 2640, the NICS Improve- last April. We can never know if we another Virginia Tech shooting. I urge ment Amendments Act of 2007. I have could have prevented the shootings. my colleagues to support the legisla- just been told a hold which had been What we do know, however, is that a tion. placed against this bill is about to be very dangerous individual with a his- I will say again this is an example of lifted. tory of mental illness was allowed to how the system should work, and in a At its core, this bill does something buy two handguns. few moments I will be asking unani- that has been too long in coming. It It is a shame that we are again called mous consent to move the bill forward, gets States critical resources they need to act on this 5-year-old legislation in but before doing so, I yield my time to to upgrade the mental health and con- the face of tragedy. But now is my colleague from West Virginia, be- viction records they use to screen pro- Congress’s moment to take a huge step cause they are doing the paperwork, spective gun buyers. toward fixing a broken system. and I thank my colleague from West

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15970 CONGRESSIONAL RECORD — SENATE December 19, 2007 Virginia for his courtesy and his kind- my fiddle, to entertain my mom and I yield the floor. ness. dad, their friends and their borders. My The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Ms. LAN- mom ran a boarding house. We never ator from New York. DRIEU). The Senator from West Vir- had very much at Christmas, not much Mr. SCHUMER. Madam President, ginia. compared to some of the extravagant first I extend my holiday greetings, my gifts advertised these days, but our Christmas greetings, to my colleague f simple celebrations left us more time and friend, Senator BYRD, as well as to CHRISTMAS SPIRIT to enjoy some company or the church you, Madam President, and my col- Mr. BYRD. Madam President, soon services or read a Christmas story to- leagues from New Jersey, Pennsyl- the Senate will recess for Christmas. gether. vania, and everyone else in this Cham- Every family, every town builds its Members will travel home to their fam- ber. May God give a wonderful year to own Christmas traditions. Some fami- ilies and to their States to share in them and their families. lies visit or host Christmas open Madam President, I thank you for Christmas parades and tree lightings, houses. Other families gather for a tra- Christmas cantatas, and festivals of your help with this next particular ditional Christmas meal. In some issue. lights. They will decorate their own towns, people bundle up to watch floats trees and attend the Christmas season The PRESIDING OFFICER. The Sen- go by in the annual Christmas parade, ator from New York is recognized. celebrations in their own churches. followed by a tree lighting ceremony. f Some will make trips to Iraq or Af- We have done that in the Nation’s cap- ghanistan, while others will comfort ital. I myself have lit the tree. There NICS IMPROVEMENT people who are struggling to recover are Christmas tree lighting ceremonies AMENDMENTS ACT OF 2007 from wildfires or the recent dev- at the White House and on Capitol Hill. Mr. SCHUMER. Madam President, I astating snow and ice storms that have At Arlington Cemetery and at other ask unanimous consent the Judiciary left so many homeless and without veterans cemeteries around the Nation, Committee be discharged from further power. I join in the prayers for their the simple act of a single man has consideration of H.R. 2640 and the Sen- swift recoveries, and I rejoice in the grown into a Wreaths Across America, ate proceed to its immediate consider- fellowship and the support that are an effort to put fresh wreaths on the ation. flowing to Americans in need all across graves of veterans across the Nation, The PRESIDING OFFICER. Without the Nation and all around the world. honoring those who will never be home objection, it is so ordered. The clerk That fellowship and that support is the again for Christmas. Other volunteer will report the bill by title. true spirit of the Christmas season. efforts send living Christmas trees to The assistant legislative clerk read Everywhere, everywhere, Christmas tonight! the troops overseas so they, too—our as follows: Christmas in lands of the fir-tree and pine, troops, your troops, my troops; our sol- A bill (H.R. 2640) to improve the National Christmas in lands of the palm-tree and vine, diers, sailors, and our airmen—can Instant Criminal Background Check System, Christmas where snow peaks solemn and share in the Christmas season. In the and for other purposes. white, busy press of family traditions, it is Christmas where cornfields stand sunny and There being no objection, the Senate bright. heartwarming to discover how many proceeded to consider the bill. Christmas where children are hopeful and people still find time to remember and Mr. LEAHY. Madam President, gay, celebrate the sacrifices made by oth- today, the Senate took an important Christmas where old men [like I] are patient ers. step forward to improve the National Although Christmas can bring with it and gray, Instant Criminal Background Check Christmas, where peace, like a dove in its even busier schedules for already busy System, NICS, the Nation’s back- flight, people and monetary stresses for par- ground check system for gun pur- Broods o’er brave men in the thick of the ents trying to make the day a special chases. Along with Senator SCHUMER, I fight; holiday for their children, it is impor- have worked hard to craft this com- Everywhere, everywhere, Christmas tonight! tant to recall the greatest gift of For the Christ-child who comes is the Master promise legislation that respects the Christmas is the one embodied in the of all; rights of gun owners and, at the same nativity scene—the great gift of uncon- No palace too great, no cottage too small. time, makes sure that the NICS system ditional love and hope wrapped in Christmas is a special time, no mat- will work more effectively. This com- swaddling clothes, given by our Cre- ter where the season finds us. Some- ator—our Creator Almighty God—to promise has not been easy, as many how, Christmas lights create their spe- inspire us with His teachings of good have strong views on issues sur- cial magic, whether they are hung on will and caring toward all men. rounding this bill, but working with snow-laden pine trees or wrapped And so, my colleagues, my friends, Senators on both sides of the aisle, we around stately palm trees. Christmas dear ones all of you; staff, those who have forged strong, fair legislation to carols never fail to bring a nostalgic watch over us every day, it is my address serious shortcomings in the glow, as they bring to mind our child- Christmas wish that we all keep more Federal program. Throughout the proc- hood celebrations. The smells and fra- of that Christmas spirit with us ess, we have taken great care to make grances of Christmas recall their own throughout the coming year. Charles sure Federal law governing who can delightful memories—the tang of pine Dickens said it best: own or possess a firearm remains un- boughs brought indoors, the spicy I will hold Christmas in heart, and try to changed. The Senate language makes warmth of cinnamon, cardamom, keep it all the year. clear that the correct records will go cloves and mace, the licorice scent of I guess it was the American editor into the NICS system, that any records anise, the exotic aroma of nutmeg. and author, Oren Arnold, who lived improperly in NICS will be removed Christmas baking is one of the best from 1900 until 1980, who suggested a promptly, that legal notice and due parts of the holiday—Erma always wonderful Christmas gift list for all of process considerations will be required looked forward to that part. Christmas us: in Federal proceedings, and that the baking is one of the best parts of the To your enemy, forgiveness; to an oppo- States have sufficient support to meet holiday, she would say—as the house nent, tolerance; to a friend, your heart; to a the goals of the bill. We have been re- fills with mouth-watering aromas. My customer, service; to all, charity; to every sponsive to the legitimate concerns of own childhood Christmases were spare, child, a good example; to yourself, respect. veterans and advocates on both sides of not lavish, but they were full of love, Madam President, I wish you and the issue, and at the same time, we given to me by a wonderful old couple Louisiana, near the great bay and the have worked hard to correct weak- who have gone on now to meet their re- waters which wash over the soil on nesses that have been exposed by the ward in heaven. which I used to walk with my wife—I tragic events of the last year. Today’s Christmases should be full of wish you, Madam President, and every- The senseless loss of life at Virginia special food and lots of music, and if it one listening, a very Merry Christmas Tech this spring revealed serious flaws were like it used to be, it would be and a Happy New Year filled with peace in the NICS system, particularly in the played by me, that music would be, on and happiness. My God bless you all. transfer of mental health information

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15971 relevant to gun purchases between the the States in this challenging under- (The text of the amendment is print- States and the Federal Government. taking. ed in today’s RECORD under ‘‘Text of Deficiencies in the current NICS sys- I want to thank Paco Aumond, direc- Amendments.’’) tem, including a significant lack of tor of Criminal Justice Services at the The title amendment (No. 3889) was funding, permitted the perpetrator of Vermont Department of Public Safety, agreed to, as follows: this terrible crime to obtain firearms for working with me to identify those The title is amended to read as follows: and ammunition despite having a men- changes in the legislation to ensure ‘‘An Act to impose sanctions on officials of tal health history that made him ineli- that Vermont and the many similarly the State Peace and Development Council in gible to buy or possess a firearm under situated States will be more easily able Burma, to amend the Burmese Freedom and Federal law. He was able to pass a to make the comprehensive improve- Democracy Act of 2003 to prohibit the impor- tation of gemstones and hardwoods from background check and purchase the ments necessary for a more effective Burma, to promote a coordinated inter- weapons he used in his attacks because NICS system. national effort to restore civilian democratic data was missing from the NICS sys- Nothing can bring back the lives rule to Burma, and for other purposes.’’. tem. tragically lost at Virginia Tech, and no The amendments were ordered to be In response to this devastating trag- legislation can be a panacea, but the engrossed and the bill to be read a edy, the Judiciary Committee worked bill we pass today will begin to repair third time. hard to produce a comprehensive legis- and restore our faith in the NICS sys- The bill (H.R. 3890), as amended, was lative proposal related to issues of tem and may help prevent similar trag- read the third time and passed. school safety, and in August unani- edies in the future. Mr. SCHUMER. Madam President, I mously reported the School Safety and Mr. SCHUMER. I ask unanimous con- yield the floor. Law Enforcement Improvement Act of sent a Leahy-Schumer substitute The PRESIDING OFFICER. The Sen- 2007, SSLEIA, to the full Senate. As amendment at the desk be agreed to, ator from New Jersey. part of this legislative package, we the bill as amended be read a third Mr. MENENDEZ. Madam President, I drafted title II of SSLEIA to include an time and passed, the motions to recon- ask unanimous consent that following amended version of the NICS Amend- sider be laid upon the table with no in- my time on the floor, the Senator from ment Improvement Act of 2007, H.R. tervening action or debate, and that Pennsylvania, Mr. CASEY, be the next 2640, that passed the House in July. any statements related to the bill be Democratic speaker in line. Today, the Senate passed a revision of printed in the RECORD. The PRESIDING OFFICER. Without title II from SSLEIA, as the Leahy- The PRESIDING OFFICER. Without objection, it is so ordered. Schumer amendment to H.R. 2640, objection, it is so ordered. f which closes the gaps in the NICS sys- The substitute amendment (No. 3887) tem that allowed the purchase of the was agreed to. THANKING SENATOR BYRD firearms that were used in the Virginia (The text of the amendment is print- Mr. MENENDEZ. Madam President, I Tech killings. I hope the House of Rep- ed in today’s RECORD under ‘‘Text of came to the floor for a specific purpose, resentatives will take up and pass H.R. Amendments.’’) but I had the good benefit of listening 2640, as amended, as soon as possible. The bill (H.R. 2640), as amended, was read to the distinguished senior Senator The Leahy-Schumer amendment the third time and passed. from West Virginia’s holiday greeting. largely mirrors the language of H.R. The amendment was ordered to be It was a very warm, loving greeting as 2640 as passed by the House. But it also engrossed and the bill to be read a well. I am glad I made it to the floor to makes modest but important changes third time. listen. I thank him for his incredible to that bill in order to ensure this new service in this institution and for tak- f law works effectively and fairly for all ing those moments to talk about our Americans. It creates a legal regime BLOCK BURMESE JADE (JUNTA’S humanity collectively. This is a great where the reporting of disqualifying ANTI-DEMOCRATIC EFFORTS) time of the year in which that human- mental health records, both at the ACT OF 2007 ity gets to be recognized. State and Federal levels, will be im- Mr. SCHUMER. Madam President, I Mr. BYRD. Madam President, I proved. This bill will also require Fed- ask unanimous consent that the Com- thank the incredible Senator who now eral agencies to report mental health mittee on Foreign Relations be dis- holds the floor and speaks with such and other disqualifying records into charged from further consideration of aplomb and dignity, befitting a Roman NICS and would create significant new H.R. 3890, and the Senate proceed to its Senator. incentives for States to report this immediate consideration. f same information. These basic features The PRESIDING OFFICER. Without IRAQ of the amendment are the same as in objection, it is so ordered. The clerk the House bill. Additionally, the bill will report the bill by title. Mr. MENENDEZ. Madam President, contains provisions directing Federal The assistant legislative clerk read as we celebrate this holiday season agencies to establish relief from dis- as follows: with our families, as we gather with those we love and give thanks for our abilities programs through which indi- A bill (H.R. 3890) to amend the Burmese viduals who have overcome a disquali- Freedom and Democracy Act of 2003 to im- tremendous blessings, we remember fying mental illness or disability may pose import sanctions on Burmese how incalculable the losses have been reclaim their rights, and urges the gemstones, expand the number of individuals to the families of the 3,888 soldiers who States to do the same. against whom the visa ban is applicable, ex- have been killed in Iraq. Their losses As I reviewed this issue, however, I pand the blocking of assets and other prohib- cannot be tallied, not in the number of determined that additional changes ited activities, and for other purposes. Christmas nights spent without the were necessary both to improve the There being no objection, the Senate one they loved; not in the number of NICS system further and to better en- proceeded to consider the bill. days since their wives, husbands, par- able States like Vermont to implement Mr. SCHUMER. Madam President, I ents, and children left home forever. these improvements. By tempering the ask unanimous consent the Biden- We cannot calculate the strain on the penalties for insufficient participation McConnell amendment at the desk be 28,661 wounded soldiers and their fami- by the States in meeting the bill’s agreed to, the bill as amended be read lies, many of whom will be spending goals, and increasing incentives for full a third time and passed, the amend- this precious time of the year in a mili- participation, I am hopeful that the ment to the title be agreed to, the mo- tary hospital, coping with their blind- bill will strengthen the partnership be- tion to reconsider be laid on the table, ness, living with only one leg or arm, tween Federal and State authorities in and any statements be printed in the sleeping through nightmares of the search of a common goal. The NICS RECORD. battlefield instead of the beautiful system is only as good as the informa- The PRESIDING OFFICER. Without dreams they used to know this time of tion that is reported into it, and to objection, it is so ordered. year. achieve success in improving NICS, we The amendment (No. 3888) was agreed As we hold them in our hearts—as must recognize and adequately support to. well as all of the men and women in

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15972 CONGRESSIONAL RECORD — SENATE December 19, 2007 uniform across the globe who serve to ways to travel. They are waiting for There are too many provisions in this protect the country and to promote its expanded, affordable public transpor- big funding bill that are absolutely es- interests, for which we have eternal tation, progress on efficiency, and new sential, too many to name here. But gratitude—as we hold them in our sources of fuel and power. They are the victims of the cuts that the Presi- hearts and express that gratitude, we waiting for our Nation to fill our en- dent and his Republican allies have also watch our money slip away from ergy portfolio with something other called for, the millions of Americans us in Iraq. That is a casualty we can than the usual energy sources. waiting for clean power that will not and must count. The omnibus spending bill the Senate be produced, the cancer patients who I have come to the floor over the last approved this week would inject an- are waiting for research that will not 2 months to talk about the cost of Iraq other $1.7 billion in the development of be allowed to happen, the communities to us at home. The lives lost in Iraq renewable sources of energy, such as trying to stop child sexual predators cannot have a price put to them. Their solar, wind, and geothermal. It is an who are waiting for police officers who sacrifice and that of their families important step—but it could have been will not be hired: These people are also have no price. The human suffering of much greater. too many to name. those who have been wounded also has Republicans have consistently ob- In that sense, even beyond the lives no price. jected to bigger steps. They said lost overseas, the cost of the war in But there is also a price that is cal- weaning us off fossil fuels is too expen- Iraq has been incalculable. If there is culable at home, and it is what the war sive. Meanwhile, they have insisted one thing we must all acknowledge is costing not just in dollars from our that oil companies need more multi- right now, it is this: The war in Iraq is Treasury and debt cast upon on the million-dollar tax cuts. Meanwhile, we not free, it is not without consequences next generation of Americans, but spend enough money to pay for that here at home, and no one should be pre- what it is costing in lost opportunities entire renewable energy package in tending that this war is free. at home. There is a brutal holiday Iraq in just 5 days—in just 5 days. The Bush administration likes to irony that is no cause for festive spirit Mr. BYRD. Five days. parrot the line that we are fighting in Washington. Mr. MENENDEZ. Energy independ- them over there so we do not have to The irony is this: President Bush and ence for our country, stopping giving fight them here. But Americans have his Republican allies in Congress held foreign countries that wish us harm figured out what they mean, and what hostage some key investments we need the ability to have the resources to they mean is: We are spending all our to make right here in our country, in make that harm happen, and that we money over there so, by the way, we order to extract a promise of more could have funded for 5 days in Iraq. did not have it to spend here. money for the war in Iraq. Those are the choices that we make. Above all, this is a question of val- They are asking for more than $150 Mr. BYRD. Hear that? Five days. ues. Do we value our children, and billion more for Iraq next year, but at Mr. MENENDEZ. Five days, Senator value protecting them? Do we value one point they threatened to starve the BYRD. our schools and the education we want entire Government of funding over a Cancer patients going through the our children to have so they can con- difference in the Federal budget that dark winter of their illness are waiting tinue to make America the global com- amounts to less than one-tenth of what on lifesaving treatments that only in- petitive leader? Do we value the men the President wants to spend on the tensive scientific research can dis- and women who wear the uniform, not war next year. He was ready to shut cover. Congress has a bill before it to just by marching in a parade on Memo- the whole Government down over the fund that research, but President Bush rial Day or going to a Veterans Day difference of what amounts to less than vetoed the funding once, and his allies service, which we should, but by taking one-tenth of what the President wants in Congress have whittled it down as care of their health care and their dis- to spend on the war next year. much as they could. The cost of the abilities and taking care of their sur- Mr. BYRD. Shame. funding increase for that cancer re- vivors, for those who commit the ulti- Mr. MENENDEZ. This holiday season search, to turn the winter of their ill- mate sacrifice, as a grateful nation we wondered if President Bush wanted ness into the spring of possibility? It is truly does? Or will we neglect those to be Scrooge to America and Santa $329 million, or less than 1 day in Iraq. and other priorities such as the health Claus to Iraq. Over the last several Mr. BYRD. Less than 1 day. care of our children and of our fami- months I have spoken many times Mr. MENENDEZ. This winter, while lies? about what the American presence in President Bush asked for billions more The Democratic budget bill set out Iraq is costing at home. The true cost for security for the streets of Baghdad, for our values a clear and serious test. of the $455 billion we have spent on he says we cannot afford to bring secu- We cannot allow the budget to have a that war and the $10 billion per month rity to the streets of our own home- heart as cold as the ice on our front we continue to spend might never be towns. The Senate proposed spending steps. We cannot let our financial sta- more clear than it is right now, at a $55 million, in part to hire police offi- bility melt away, and we cannot con- time when Congress debated the budget cers specially trained to stop child sex- tinue to let more of our money burn up for almost the entire Federal Govern- ual predators. We have seen the fan- in a war that has taken so much from ment. tastic growth of the Internet—and that so many for so long. While we have been here crunching is great. It brings many good things At year’s end, we speak of renewal, numbers, American families are feeling with it. But it also brings challenges. we return to our families and witness a the crunch of a few numbers them- The President did not just force fund- rebirth of hope. This season is about selves: the interest rate on their mort- ing to stop child sexual predators to be the best in each and every one of us. gage that is about to jump beyond cut in half, he sliced it to less than a This season, decisions we make are what they can afford, the price on the third of what it was. We could have going to test how we operate as a gov- gas pump when they fill their tank, the made up the difference and fully funded ernment and test what we stand for as price of heating oil and natural gas, the program to stop child sexual preda- a nation. There is no better time than higher grocery bills, fare hikes or tors with what it costs to be in Iraq for now to let the best in American values threats of hikes on public transpor- just about 21⁄2 hours. guide our way: generosity, equality of tation, and the skyrocketing costs of Being able to successfully have the opportunity, cooperation with one an- providing medical care for themselves law enforcement capability to pursue other, turning to each other instead of and their children. child sex predators versus 21⁄2 hours in against each other. The President’s consistent threats to Iraq. Where are all the family values We have the power to end unneces- veto funding for Federal Government we hear talked about so often? What sary suffering and waste, and the operations forced across-the-board cuts ever happened to recognizing the im- chance to approach these tasks with a to programs and services that so many portance of our children, who are truly fresh sense of urgency that they re- Americans are counting on. This win- our greatest asset, but also our most quire. As we rest and dream in the ter, as snow and ice fall on roads across vulnerable asset? What are our values? company of those we love, let us re- America, people are waiting for better What are our priorities? member that December is the darkest

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15973 time of the year, but it is also the is an episode in your life that you will Another story was shared with me by turning point when the sun begins to long remember, and hopefully it will be the former commander. He noted that shine more and more each day. a good and positive experience for all on December 12, SGT Gregory Williams Together we offer our wish, our hope, of you. Thank you for your contribu- from the 172nd was presented with the and our prayers that the dreams that tion. Distinguished Service Cross, the second have carried us so far of peace on f highest award for valor, for his actions while in combat in Baghdad. Despite Earth, good will toward all may yet WELCOMING RETURNING TROOPS still come true. being injured himself when their vehi- Madam President, I note that in my THANKING STAFF cle was struck by a bomb, Sergeant hometown of Anchorage, AK, this Before I yield the floor, I would like Williams was able to return fire and afternoon, there is a wonderful celebra- help a wounded comrade to safety. To to take the opportunity to acknowl- tion taking place. The 495th out of Fort edge the individuals in my now second date, there have only been eight Dis- Richardson has all come home. They tinguished Service Crosses awarded year here in the Senate whom I have have come home after 15 months being seen work incredibly hard, but very since the war began in 2001. So we are over in Iraq, doing incredible work very proud of SGT Gregory Williams. rarely get acknowledged, all of those under incredibly difficult situations. who help us as we preside: the clerks, We say that we do things a little bit We mourn the loss of those who are differently in Alaska. We enjoy doing who keep all of the documentation that not home, who will not be home. But comes before the Senate moving; the things a little differently. There was today in Anchorage, the community is one Alaskan marine who was over in Parliamentarians, who try to keep us coming together to say: Welcome back. Iraq. He discovered that he had some in some degree of order as we move Please let us know how we can support hidden talents he did not imagine. His along the way; the party secretaries you and your families, not only at this innovative approach to searching out and their staffs, who do such a great holiday season, but throughout the insurgents earned him a Marine Corps job on informing us as to what is hap- year, and support you for all the sup- Commendation Medal. SGT Aaron A. pening and to try to keep somewhat of port you have given us. a schedule in terms of our lives here in We take time during the holiday sea- Henehan led his squad to search out the Senate; to those in the cloakroom son to show our thanks, to show our and detain 18 black list or high-value who also produce that service; to the appreciation to so many. But I wish to insurgents while in his third tour in pages who have done a great job. recognize the soldiers and the veterans Iraq. He is an adventurous young man. It was a privilege to have the oppor- from Alaska, from throughout the Sergeant Henehan was barely out of tunity to talk to so many of them. I whole country, who have given so high school and was anxious to see the think they are going to carry their ex- much and who continue to give so world when he first thought of signing periences here with them a lifetime, much. We want them to know their up to serve his country. September 11 and I am sure that maybe we will see sacrifices in serving us, whether it be and the outbreak of war did not cause some of them in this Chamber in the in Afghanistan or in Iraq, have not his decision to waiver an inch. Sergeant Henehan deployed in April future. gone unnoticed. Their sacrifices have of 2003 and spent his first tour in the To all of those who make this insti- certainly not gone unnoticed by my town of Babylon. He served his country tution the greatest democratic institu- fellow Alaskans. well. Like many who fought alongside tion in the world operate the way it When I was in Iraq earlier in the him, he began to learn the undercur- successfully operates, my deepest year, I had the pleasure of meeting rents, the inner workings of Iraqi soci- thanks, my best for the holiday season. with soldiers and guardsmen from An- ety. He returned for a second tour to With that, I yield the floor. chorage, Fairbanks, Seward, Soldotna, Eagle River, Slana, and Wasilla, all Husaybah, near Iraq’s border with f over the State. In hearing their stories Syria in August of 2004. At that time ORDER OF PROCEDURE and their commitment, you cannot Husaybah was a dangerous town. help but feel proud as an American. I Sergeant Henehan served his second The PRESIDING OFFICER. The Sen- tour in Iraq with distinction, but still ator from Alaska. was certainly proud as an Alaskan. Every day I have Alaskans who write he felt he needed to do more. Before de- Mr. LEVIN. Would the Senator from ploying for his third and final tour in Alaska yield for a unanimous consent my office to praise the servicemen and the servicewomen who have returned February of 2006, he told his friends request? and his family back home that he Ms. MURKOWSKI. Yes. and those who are still in combat. Sometimes it is a quick e-mail, saying: wanted to make a difference in Iraq, a Mr. LEVIN. Madam President, I ask I support all of those who are serving, sentiment many American soldiers and unanimous consent that after the Sen- and other times they are very long, guardsmen share. He spent a lot of ator from Alaska finishes, I understand heartfelt letters praising our heroes time between his second and his third the Senator from Pennsylvania would and truly expressing a solidarity with tours thinking about what he might be be recognized. I would then ask that I them for the sacrifice they have made. able to do differently, how he could be the next Democrat to be recognized. The fact that Alaska has the largest learn from his experiences in the two The PRESIDING OFFICER. Without number of veterans per capita, I think deployments prior, and how he might objection, it is so ordered. says a lot about our State’s character. be able to achieve a better result. f Our Alaska veterans are some of the Combining his Marine training with most exemplary in the Armed Forces. information he learned from a retired RECOGNIZING SENATE PAGES The 172nd Stryker Brigade out of Fair- Los Angeles police officer who was de- Ms. MURKOWSKI. Madam President, banks was on tour in Iraq, and they ployed to Iraq to teach the troops I want to follow on the comments of were extended to 16 months. But when urban tactics, Sergeant Henehan ap- my colleague from New Jersey in rec- they were asked to give more, they re- proached his third tour with what he ognizing those who allow this body to mained strong, they remained proud. referred to as a beat cop mentality. He function so efficiently and to also give Last week, I received an e-mail from wanted to approach the problem of special recognition to the pages. the former commander of the 172nd, rounding up insurgents as if he were a Given the schedule they have, we are and he sent along an article of an Iraqi, native of the area. He spent his free likely not going to be seeing much a young Iraqi girl who had been blind. time studying the tribal history and more of this particular group as they Some of the solders in the 172nd had the geography of Husaybah for hours at finish up for the holidays and their helped facilitate this young girl com- a time. The ability to put his plan in exams, and then move back to their re- ing to the United States for eye sur- motion, Sergeant Henehan says, was spective States and their communities. gery. This young child, this beautiful made possible in part by Operation But to all of you who have given so little Iraqi girl, is now able to see. She Steel Curtain, which had cleared much to so many of us, to make our was given that gift of sight because of Husaybah block by block, and set up jobs a little bit easier, we thank you. the caring and compassion of these sol- outposts called ‘‘firm bases’’ through- Thank you very greatly. I believe this ders. out the city.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15974 CONGRESSIONAL RECORD — SENATE December 19, 2007 So upon returning for his third tour, MEDICARE REIMBURSEMENT To put it into context, we had a field Sergeant Henehan immediately noticed Ms. MURKOWSKI. Madam President, hearing the first part of the year to un- that after this push, while not always I wish to take a few moments to speak derstand how bad the situation is as far willing to openly support the coalition on the issue of Medicare reimburse- as access to care. To reach the national forces, Iraqis felt safe enough to give ments for physicians, particularly average of physician-to-patient ratio, him tips on where the insurgents were those in rural and frontier States. We Alaska needs a net increase of 980 phy- hiding. This change in mentality, cou- have moved forward a temporary fix of sicians statewide or 49 more physicians pled with Sergeant Henehan’s knowl- Medicare reimbursement for physi- per year. I go into some of these hos- edge of family and tribal connections, cians, essentially for 6 months. I wish pitals, VA clinics, and community allowed him to determine which people to speak to the issue for Alaska and health centers. They have been waiting to ask about each of the 18 high-value other rural parts of the country. years trying to find not only doctors insurgents he located. He knew exactly In Alaska, many of our Medicare but all within the medical profession, who would be willing to tip him off beneficiaries, even without this poten- whether it is outpatient therapists all about a social rival or historic foe. tial 10-percent reimbursement cut, the way up to cardiologists. Fairbanks, Traveling with an interpreter, Ser- lack the ability to see a primary care our second largest city, got its first geant Henehan had a talent for remem- physician unless they have the means cardiologist this year. bering names and personal details. He somehow to pay out of pocket for doc- According to the Anchorage Daily took every opportunity he could to tor visits. Without congressional ac- News, our largest newspaper, it costs 65 talk with locals and learn about the tion on a long-term strategy—longer cents on the dollar to care for a patient town’s social organizations and tribal than 6 months—to increase Medicare in Alaska, and yet Medicare only reim- boundaries, often returning several reimbursements, these cuts threaten burses 22 to 35 cents on the dollar. In times to talk with the same families to access to care as fewer and fewer doc- addition to low reimbursement, we gain their trust. He would bring with tors are able to afford seeing Medicare have other factors that drive the cost him candy, good humor, even doctors. patients. An American Medical Asso- up. We have higher salaries, a higher He would knock on the doors and po- ciation survey shows that 60 percent of cost of living, higher equipment costs, litely ask to chat. Entire families physicians reported they would be and higher transportation costs. High- opened up to him. Sometimes it would forced to limit the number of new er energy costs add to that. We had a field hearing earlier in the start with a toy given to a child, some- Medicare patients they treat if the im- year and had an individual testify be- times it was a heartfelt conversation pending reimbursement cuts go fore the committee. He was later with a shopkeeper. The response he got through. astonished everyone, including the in- I get so many calls on a daily basis quoted in the Anchorage Daily News: surgents hiding out in the town. from seniors asking me to fix Medi- The costs [to practice] were so exorbitant The 12 marines in his squad called and the fees for reimbursement were so low care. They want to be able to continue for Medicare patients, at the end of the day him a fair but tough leader with whom to see their doctor. I know I am not the I could actually owe money for working a they felt very safe. His intense and only Member who receives these calls. ten-hour day. proactive preparation for the more It is unfortunate, but America’s sen- The sustained growth rate formula than 80 combat missions which he led iors every year are thrust in the middle which has been in place since 1997 calls and his personal attention to each of of this Medicare reimbursement debate for nearly 40 percent in cuts over the his 12 soldier’s well-being gave them a out of fear that they are going to lose next 8 years, even as practice expenses sense of security. They, too, noted how their health care provider to Medicare continue to increase. So how do we ex- his relaxed Alaskan exterior quickly cuts. pect to entice more physicians to prac- helped earn him the respect of the In 2003, with great fanfare, we pro- tice and care for our seniors, our vet- townspeople. vided a Medicare prescription drug ben- erans, if we threaten to cut Medicare Even more remarkably, Sergeant efit. At that time, I asked the question: reimbursements every year? Henehan’s reputation for being fair and We can have a wonderful drug benefit, We know the time for Congress to act caring allowed him to detain all 18 but what good is the benefit if there is is now. I ask my colleagues, those on high-value insurgents without any real no physician to write the prescription? the Finance Committee, let’s work on violence. These 18 also led him to their The Presiding Officer knows how big legislation that will provide a long- associates, significantly disrupting in- a State it is; she has had the oppor- term reimbursement fix to ensure con- surgent operations in that part of Al tunity to come for a visit. We are big- tinuous care for the elderly, who may Anbar Province. ger than California, Texas, and Mon- otherwise be left without access to care Sergeant Henehan remained behind tana combined. ‘‘Rural’’ in Alaska has in the neediest of times. This is some- after his unit returned to the States to a new meaning. The physician shortage thing we all must work to advance. train new troops about how he had crisis in Alaska has been magnified be- f learned to wage urban warfare while cause of our geography, distance, and gaining the trust of the townspeople. size. TRIBUTE TO SENATOR TRENT The downturn in violence in Al Anbar What many people might not realize LOTT can be linked perhaps in part to his ef- is what is happening to our population. Ms. MURKOWSKI. Madam President, forts and the efforts of those like him. We have always been viewed as a young yesterday was a day of tribute to one Sergeant Henehan is currently at- pioneering State where the average age of our colleagues, a gentleman who has tending a California community col- is the early 20s and predominantly served his State and this country admi- lege and plans to transfer to a larger male—a wilderness image. But we have rably for many years. I have not had State school after completing his dis- grown and matured. Our elderly popu- the privilege to serve in the Senate tribution credits. He wants to major in lation is the fastest growing senior with our colleague for as long a period computer games and even talks of one population per capita in the Nation be- as many of those who spoke yesterday, day creating video games that more ac- hind Nevada. That is a statistic which but I think we know it doesn’t take curately portray what war in the mod- would surprise many people. long to realize how important has been ern era is like. He has already begun The Mat-Su Valley, an area just the contribution of the Senator from organizing photographs from his three north of Anchorage, is the fifth fastest Mississippi to this institution. I lis- tours to use as backdrops. Clearly, his growing region among seniors nation- tened yesterday to so many of the kind talent for careful planning and his de- ally. Yet, think about that statistic words. I heard repeated time after sire to share his knowledge and experi- and compare it with what is happening time: statesman, leader of an institu- ences with others did not leave with with our physician ratio. Alaska has tion, truly a statesman. his donning of civilian clothes. the sixth lowest ratio of physicians to We all know of TRENT LOTT’S tremen- I wish him the best in all of his fu- population in the United States. Out- dous dedication to the institution that ture endeavors, just as I wish the best side of the Anchorage area, our ratio of is Congress, 34 years of public service for all Alaskan veterans and those now physicians to population is the worst between the House and Senate, his cre- serving. in the Nation. ation of the whip organization in the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15975 House that emphasized Member-to- Ms. MURKOWSKI. Madam President, in and year out, to make this place Member contacts and outreach that are on behalf of Senator COBURN, I object. work, and to guide even those veteran so important in building relationships, The PRESIDING OFFICER. Objec- Members on parliamentary questions, election to the Senate in 1988, Senate tion is heard. but especially some of the first-year majority leader in 1996, and then Re- Mrs. BOXER. Madam President, the Senators. publican whip earlier this year. We Captive Primate Safety Act, S. 1498, is We are grateful for your skill, your don’t want to lament the loss of a tre- an important, bipartisan bill pro- knowledge, and your professionalism, mendous asset, but we need to always moting the humane treatment of ani- and we wish you and your families a remember to celebrate those accom- mals and protecting public health and happy holiday season at this time. plishments, learn from them. safety from the considerable risks asso- The same goes for my colleagues on I learned that if there was a problem ciated with primate pet ownership and both sides of the aisle, who have been that needed to be resolved, you could trade. so supportive of me as a first-year Sen- go to TRENT to resolve it. When there On May 24, 2007, I introduced S. 1498, ator. I will mention two in the interest was a compromise that needed to be with Senators VITTER, LAUTENBERG, of time: Senator REID, our majority brokered, TRENT could figure out how LIEBERMAN, and MENENDEZ. Senator leader, the majority leader of the en- to make that happen. ENSIGN is also a cosponsor. tire Senate, and also, of course, the I learned that when there was a Nonhuman primates are susceptible leader of the Democratic side of the shortage of tomatoes at the Lott to many biological agents that infect aisle—a great leader for our party, but household, TRENT knew he could just human beings, including tuberculosis, even beyond that, a great leader for the go a couple doors down the street and Ebola/Marburg, and poxviruses. Be- Senate. He is a man of great compas- find some tomatoes in a friendly neigh- cause of the serious health risk, im- sion and decency, someone who cares bor’s yard. My husband and I have been porting nonhuman primates into the about changing the direction of the neighbors with TRENT and Tricia these United States for the pet trade has country, to move us in the right direc- past 5 years. As neighbors, we share a been banned by Federal regulation tion. He has done that very well. I am lot of things. We share a lot of leaves. since 1975. In addition, many States al- honored to serve with him. He blows the leaves down the sidewalk ready prohibit these animals as pets. Senator LOTT is going to be leaving to my house, and my husband will blow Still, there is an active trade in these us. I had the privilege of presiding yes- the leaves back down to his house— animals. Estimates are that 15,000 are terday when I heard all of the good, friendly neighbors. I have always in private hands; however, as the trade testimonials to his service. I was hon- appreciated that. is largely unregulated, the number ored to be a small part—a witness of Truly, whether it is the quick con- may be much higher. Because many of that Senate history. We wish Senator versation between Members during these animals move in interstate com- LOTT and his family all of God’s bless- votes or whether it is the closed-door merce, Federal legislation is needed. ings at this holiday season. But also sitdown when he comes to the office This legislation amends the Lacey beyond the season, we wish him the and says: LISA, I want to talk to you Act to prohibit transporting monkeys, best of luck in his new life outside of about this, TRENT knows the pulse of great apes, lemurs, and other non- the Senate. We are grateful for his the Senate. human primates across State lines for I would watch him on the floor. He service. was like a butterfly. He would come the pet trade. The bill has no impact I have one more note of gratitude and over and alight next to somebody, have on trade or transportation of animals best wishes, and that is to those who a quick conversation, a talk, and then for zoos, medical and other licensed re- are serving our country in Iraq and Af- he would move over to another area search facilities, or certain other li- ghanistan and around the world—those and do the same thing, kind of going censed and regulated entities. men and women in our military the from person to person, always working The Captive Primate Safety Act is world over who are doing that brave but always friendly and always work- supported by the Humane Society of and noble service every day. We are ing to find a path forward. His ability the United States, the American Zoo thinking of them. We pray for them at to develop those relationships and and Aquarium Association, the Amer- this time, as we try to throughout the work out a deal to everyone’s satisfac- ican Veterinary Medical Association, year. But especially we are thinking of tion is a skill I certainly look to as a Defenders of Wildlife and the Wildlife them and their families at this holiday model for how the Senate should oper- Conservation Society and many other season. ate. environmental organizations and ani- (Mr. SALAZAR assumed the Chair.) It is with great fondness that I wish mal welfare groups. f The PRESIDING OFFICER. The Sen- my friend, my colleague, my neighbor AMERICAN FAMILIES IN CRISIS well in his future endeavors. ator from Pennsylvania is recognized. I wish him and Tricia well and truly f Mr. CASEY. Mr. President, I am going to try to be about 5 minutes. I love as they embark on their next ad- EXPRESSIONS OF GRATITUDE venture. We do know there will be ad- want to highlight a couple of issues, Mr. CASEY. Madam President, thank ventures. I thank him for his friend- not only because it is this season but I you. I appreciate your attention in pre- ship, his service to this Nation and to think especially because it is this sea- siding today, on a day when people are this institution. son, the holiday season. I thank the Chair and yield the floor. headed home. We are grateful for your When we think about families com- The PRESIDING OFFICER. The Sen- presence here. ing together, we think about hope, and ator from Pennsylvania is recognized. I join so many others—I do not want we think about caring for people. We to be too redundant, but it is impor- think about exchanging gifts. It is a f tant to repeat expressions of grati- time of happiness. But for some fami- UNANIMOUS CONSENT REQUEST— tude—like a lot of people here, I have a lies it is not so. It is a very difficult S. 1498 lot of gratitude in my heart: gratitude time for a lot of families—not only dur- Mr. CASEY. Madam President, I ask for my wife Terese and my family for ing the holiday season but the winter unanimous consent that the Senate supporting me in my first year in the season. proceed to the immediate consider- Senate; certainly for my staff—like so I was struck, unfortunately, in a very ation of Calendar No. 455, S. 1498; that many Senators here could say of their negative way the other day. I think it the committee-reported amendments own staff—I know it is true of mine; I was yesterday. I picked up the Wash- be considered and agreed to, the bill, as have a great staff, and I am grateful for ington Post and read a story about amended, be read a third time, passed, their help and their support and profes- President Bush’s speech about the and the motions to reconsider be laid sionalism for almost a full year now; economy. We can go through that and upon the table, without further inter- for the staff here in the Senate—I could debate what he said, but one of the vening action or debate. go to any Senate office, but especially first sentences in that article quoted The PRESIDING OFFICER. Is there in the Chamber itself, all those who him as follows—when he was talking objection? work so hard, day in and day out, year about the economy:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15976 CONGRESSIONAL RECORD — SENATE December 19, 2007 There’s definitely some storm clouds and United States Department of Agriculture when approved by Congress. Finally, I urge concerns. (USDA) reported that 35.5 million Americans that you use your authority to release the ‘‘There’s definitely some storm did not have enough money or resources to remaining $20 million in the contingency clouds and concerns.’’ That is a get food for at least some period during the fund for the Low Income Home Energy As- year. This was an increase of 400,000 over 2005 sistance Program (LIHEAP). quotation from that article from the and an increase of 2.3 million since 2000. As a nation, we must do all we can to bring President of the United States. I have Families in states like Pennsylvania, par- light to families facing the darkness of hun- to say, I have never seen a crisis in the ticularly families with children, increasingly ger and cold during the holidays and lives of a lot of families so understated, face difficulty meeting the needs to heat throughout the winter. As we count our and I think irresponsibly so. I hate to their homes and feed their loved ones. This blessings in this season of hope, let us bring say that, but there is no other way to kind of family crisis can have both imme- comfort to those who are vulnerable and say that in any other way. diate and longstanding effects. Research need our help. shows that babies and toddlers in families Thank you for your consideration of this It is not, Mr. President, just some struggling to keep up with their home en- important request. ‘‘concerns’’ and some ‘‘storm clouds.’’ ergy needs are more likely to be in poor Respectfully, We are way beyond storm clouds for a health, have a higher risk of developmental ROBERT P. CASEY, Jr., lot of Americans. There are so many problems, and have greater food insecurity. U.S. Senator. Americans who face the crisis of not Faced with the choice of eating or heating, Mr. CASEY. I will not read the let- having enough to eat this season. This many of these families are seeking help from ter, but I outlined some of these chal- Government can do something about food banks and emergency heating assist- lenges people have in their lives. I it. We know that. We all know that if ance programs. Yet America’s food banks are facing critical shortages. Rising demand cou- asked him to do a couple of things. we are honest with ourselves. There are pled with sharp drops in federal supplies of These things are not difficult to do. families who do not have enough re- excess farm commodities and declining dona- These things, literally, require his sig- sources or enough power in their own tions have forced food banks to cut back on nature on either legislation that has lives to be able to access the resources rations, distribute supplies usually reserved just been passed or using his discre- to heat their homes, so they are cold at for disaster relief, and in some cases, close tionary power as the most powerful this time. their doors because of the lack of federal as- elected official in the world to release There are a lot of other families who sistance. Similarly, rising food costs and limited small sums of money in the scheme of are facing other crises—health care funding are placing great strain on the our entire Federal budget. costs and others, the subprime crisis. Women Infants and Children Nutrition Pro- I will wrap up with this, four things We could go down the list: the price of gram (WIC), threatening service to some of I have asked him to do basically in this fuel, gasoline, and home heating oil. the 8.5 million low-income pregnant and letter. First of all, No. 1, provide emer- We could go down the list. But it is a postpartum women and young children who gency assistance to help local food crisis, and for a lot of hard-working participate in the program. banks and other programs meet the ris- Americans, they are bracing for a win- Under your proposed budget for the fiscal ing need this winter season. There is year 2008, more than 500,000 low-income ter storm that has nothing to do with women, infants, and children would lose ac- story after story. I say to the Presiding snow and ice. Many of these same cess to food and nutrition services. Officer, you know it from your home working families are one emergency I was proud to join the Senate Agriculture, State of Colorado. We know it all over away from financial disaster. Nutrition, and Forestry Committee in unani- the country. There is article after arti- In light of that challenge they face, I mously approving a 2007 Farm Bill that in- cle about food banks stretched in a way sent a letter to the President just over cludes over $5 billion in additional funds for they have not been. It seems as if the a week ago—actually before he made federal food assistance programs. Passage of same story has been written across the the statement about the storm clouds this bill will provide extra funding for food banks, increase food assistance to working country. Never before, in 20 years, and some ‘‘concerns.’’ It is lot worse families with high child care costs, and in- some would assert, have we seen this. than that, I would respectfully submit crease food assistance for low-income sen- We have not seen this in years. They do to the President. I am not going to go iors. While the full Senate continues to work not have enough resources to meet the through the letter. I ask unanimous on this important legislation, we must take demand of those who are hungry. consent that my letter to the President steps to immediately address the hunger-re- So I would ask the President to use dated December 10, 2007, be printed in lief needs of millions of Americans across his power—his power to provide that the RECORD. this nation. emergency assistance to those who are There being no objection, the mate- Compounding matters, states report that they have insufficient resources to meet ex- hungry. He has the power to do that. rial was ordered to be printed in the pected demands for home energy assistance. Secondly, I ask the President to use RECORD, as follows: That is why Congress rejected your funding his power to give full meaning to a U.S. SENATE, proposal for the Low Income Home Energy great program, the Emergency Food Washington, DC, December 10, 2007. Assistance Program (LIHEAP), which would Assistance Program, known here in The PRESIDENT, have cut the number of households assisted Washington, like everything else, with The White House, by 1.1 million, from 5.6 million to 4.5 million. an acronym, EFAP, the Emergency Washington, DC. Instead, we passed a bill to maintain the Food Assistance Program. It needs an DEAR MR. PRESIDENT: Hardworking Ameri- LIHEAP block grant at its current level of infusion. This would be the optimal sit- cans are bracing for a winter storm that has $1.98 billion and increase emergency contin- nothing to do with snow and ice. Many work- gency funding by $250 million to $431.7 mil- uation, if the President would do this ing families are just one emergency away lion to meet the expected higher demand in for the American people. It needs an in- from financial disaster. Escalating costs of the upcoming winter. Unfortunately, your fusion, right now, of at least $27 mil- home heating, gasoline, food, and health care veto of this bill stopped that relief in its lion. I ask the President to get that threaten to leave these families hungry and tracks. done. And I think he could if he wanted in the cold. In light of these circumstances, America’s working men and women, sen- to do this. I urge you to provide emergency assistance iors, and children desperately need your im- I urge him also to approve the bill we to help local food banks and other programs mediate help this holiday season. Specifi- just passed, that massive piece of legis- meet the rising need this holiday season. cally, I urge you to provide emergency as- This winter, home energy prices are pro- sistance to help local food banks and other lation last night. A lot of good things jected to reach record levels, increasing by programs meet the rising need this winter are in that bill. I will mention one or more than 15 percent over last year. At the season. While optimally The Emergency two. One is the Women, Infants, and same time, the U.S. Department of Energy is Food Assistance Program (TEFAP) needs an Children Program—a tremendous pro- predicting higher demand for home heating infusion of $27 million, I strongly urge you to gram that helps pregnant women and because the upcoming winter is expected to transfer as much funding as is feasible to postpartum women, as well as young be colder than the last. The states’ energy shore up America’s emergency food supplies children, with nutrition and other as- assistance directors estimate that with this throughout the upcoming winter months. I sistance. Thank goodness the bill we combination of higher prices and higher also urge you to approve an appropriation usage, the average family will pay $2,157 for that includes no less than $5.96 billion to passed has $6 billion for it. I am told home heating oil this winter, $693 more than fully fund the WIC program for FY08 and to that is full funding. last winter. approve the Farm Bill nutrition funding, in- I ask the President to sign that legis- Meanwhile, family hunger and food insecu- cluding funding for TEFAP and the Com- lation for a lot of reasons—hundreds of rity is on the rise. Last year alone, the modity Supplemental Food Program (CSFP), reasons—but if he has no other reason,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15977 to look at that part of that bill, the and training, equipping, and supporting Senate is willing to vote to change Women, Infants, and Children’s Pro- Iraqi forces, as well as force protection, course in Iraq as a way to bring pres- gram during this holiday season; to and that—and this is, perhaps, the sure on them to make the long-prom- sign the farm bill because of a lot of most critical, the important part of the ised political compromises that vir- reasons, but in this context because of amendment we voted on—that it tually everyone agrees are required to the nutrition funding which is included should be the goal to complete that end the violence in Iraq. in it that I mentioned, as well as other transition by the end of 2008. I hope Prime Minister Maliki, in par- nutrition increases. There are billions The vote on our amendment was 50 ticular, understands what the U.S. De- of dollars more for nutrition in the yeas and 45 nays. partment of State said on November 21 farm bill. So I ask the President, No. 3, Legislating on Iraq is a difficult mat- about him and the other political lead- to sign the farm bill. ter because of the need to gain 60 votes ers in Iraq. This is an extraordinary And No. 4, and finally, to release the in order to overcome a filibuster, and it finding by the Department of State. I remaining $20 million in contingency was made perhaps even more difficult hope it gets somehow or other through funding for the so-called LIHEAP pro- last night because the Republican lead- to Prime Minister Maliki. Here is what gram—another acronym, the Low-In- er stated that the President would veto the Department of State report said: come Home Energy Assistance Pro- the Consolidated Appropriations Act if Senior U.S. military commanders now por- gram. A lot of people know about it it contained our amendment. tray the intransigence of Iraq’s Shiite-domi- and depend on it. Just $20 million; a Now, imagine that. The President of nated government as the key threat facing tiny eyedrop worth of money in terms the United States would veto funds for the U.S. effort in Iraq, rather than al-Qaida of a Federal budget into the trillions. the troops if 60 or more Senators sim- terrorists, Sunni insurgents, or Iranian- I ask the President not only to read ply expressed their nonbinding opinion backed militias. a letter and not only to respond to it, that a goal should be to bring most of I wish the President of the United but, most importantly, to take action our troops home by the end of next States would read his own State De- which is asked for in this letter and the year. I would hope the President would partment report so that not only would pleas for help from families across welcome at least the nonbinding advice the majority of the Senate adopt reso- America. U.S. Senators, Members of of the Congress and not threaten fund- lutions intending to put pressure on Congress, and others have asked this ing for the troops if that advice were the Iraqi leadership by telling them the President to do his part in this holiday forthcoming. open-ended commitment of American season because the President, just like Despite a great deal of pressure, in- forces is over, but that the President of the Congress, has power—power to help cluding the veto threat, our amend- the United States would tell the Iraqi people, power to improve their lives, ment secured six Republican votes— leaders what his own State Department and power to do all he can to help them more Republican votes than amend- said in that November 21 report. It is every time throughout the year but es- ments to change course in Iraq have se- so important that I am going to repeat pecially at this time of the year. cured to date. Senators VOINOVICH, it: I conclude with this: In this season of HAGEL, SNOWE, SMITH, COLLINS, and Senior U.S. military commanders now por- hope, let it be said of those who have DOLE joined 44 of the 46 Democrats who tray the intransigence of Iraq’s Shiite-domi- power—real power—let it be said of were present to produce a 50-vote ma- nated government as the key threat facing the U.S. effort in Iraq, rather than al-Qaida those who have power that they helped jority in favor of our amendment. I am confident that at least four of terrorists, Sunni insurgents, or Iranian- those who are hungry, those who are backed militias. cold, and those who will live through the five absent Senators would have I hope the members of the Iraqi yet another season of despair. Let it be supported our amendment, as they Council of Representatives, the Iraqi said of us, and let it be said of the have done in the past. So we would Parliament, understand they must find President, that he fulfilled and met his have had 54 votes in favor of our a way to bring about reconciliation or obligation to help those Americans amendment, which would have been face the consequences of squandering who need it, especially in this season. the most votes thus far for this type of that window of opportunity provided Mr. President, I thank you and yield a policy change in Iraq. by the military successes of the surge the floor. Now, what does that majority Senate that, as General Odierno notes, will not The PRESIDING OFFICER. The Sen- vote mean, last night’s majority vote? be open forever. As I did after my trip ator from Michigan. What message does it send to the White to Iraq last August, I once again ex- f House, the American people, the Iraqi political leadership, and the Iraqi peo- press my personal hope that the Iraqi CONGRATULATING SENATOR ple? Parliament will replace Prime Minister CASEY I believe the message is that more Maliki with someone who is willing to Mr. LEVIN. Mr. President, first, and more Senators are embracing the strongly push national reconciliation while the Senator from Pennsylvania is view that the American people re- and to replace that Prime Minister on the floor, let me congratulate him flected during the last election a little with someone less connected to a sec- for an extraordinary first year in the over a year ago; namely, that we want tarian group. Senate. He has made a real difference to change course in Iraq, and we want Finally, I wish to note that while in his first year. We all are grateful he to have a reasonable timetable for the last night’s vote relative to Iraq was is present here to assist this Senate return of most of our troops, and that the last such vote this year, it is not and hopefully achieving some very im- we have reached the limits of our pa- the last vote the Senate is likely to portant results. I congratulate him on tience with the Iraqi political leader- hold on our policy in Iraq. The $70 bil- his freshman year. ship. I hope the President takes full no- lion approved last night is only about Mr. CASEY. I thank the Senator. tice of last night’s majority vote, al- one-third the amount the administra- tion has sought for Iraq and Afghani- f though the majority will was thwarted by a filibuster. I am sure he is aware of stan. The next time the Congress con- MESSAGE TO THE IRAQI the vote, since the Republican leader siders funding for the war in Iraq, of POLITICAL LEADERSHIP said the President would veto the legis- the many factors that Members will no Mr. LEVIN. Mr. President, I want to lation if it contained our amendment. doubt consider, none will be more im- review the outcome of last evening’s I hope the American people under- portant than whether Iraqi political debate and vote on the Iraq amend- stand a growing majority of the Senate leaders have compromised with each ment that I offered along with Sen- agrees with their view that we need to other and assumed responsibility for ators REED, VOINOVICH, HAGEL, SNOWE, establish a goal for the reduction of the future of their own country. REID, SMITH, and SALAZAR. most of our forces in Iraq and the goal THANKING STAFF AND SENATOR SALAZAR The amendment expressed the sense should be most should leave Iraq by the As others of my colleagues, let me of the Congress that the missions of end of next year. add my thanks to our staffs, the Sen- the U.S. forces in Iraq should transi- I hope the Iraqi political leaders un- ate staff, our pages, all the people who tion to counterterrorism operations, derstand a growing majority of the make it possible for us to try to do the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15978 CONGRESSIONAL RECORD — SENATE December 19, 2007 best job we can do. We don’t often ex- decades. We need to get that farm bill have received would not have been re- press our thanks to our staffs, to our across the finish line. ceived had it not been for the leader- pages, but this is surely the appro- We made progress in the Senate deal- ship of Senator LEVIN, Senator REID, priate time of year to pause for a mo- ing with health care issues, including and others in this Chamber who stood ment to express that gratitude to passage of the Children’s Health Insur- up and said we need to have a new di- them. Without their support, without ance Program. But we somehow need rection in Iraq. their assistance, it would not be pos- to get that over the President’s veto There may be some around the coun- sible for us to function. They make it pen and start addressing the other try who are saying: Well, what has hap- possible for us to do a lot better than issues relating to health care and pened, because we are still in Iraq and we otherwise would and even to make health care reform. the money is still being provided to our it possible for us to do some important We have made progress in the arena things once in a while. of education, with passage of the High- troops? But there has been a signifi- I wish to also express my thanks to er Education Authorization Act and cant change that has occurred. We the Presiding Officer. General Salazar I providing financial aid to students know last night, for example, on the almost called Senator SALAZAR—Sen- across the country and the passage of vote that occurred with respect to the ator SALAZAR has been of invaluable the Head Start Program. But we now funding of our troops in Iraq, the $70 assistance to me on so many matters, know we still need to move ahead and billion provided to our troops was pro- and I know that feeling exists with make more progress and be agents of vided to make sure our troops are not other Members of the Senate. As I talk change with respect to No Child Left without money as they carry out the about Iraq this afternoon, looking at Behind. mandate of the Commander in Chief. our Presiding Officer, Senator SALA- We have made significant progress in But it was not the $196 billion that was ZAR, I am reminded of the countless the Wounded Warriors Act, providing requested by the President of the numbers of times and the efforts Sen- the resources we need to take care of United States. It was an installment. It ator SALAZAR has made to try to pull our nearly 25 million veterans in Amer- is the first time we get to a point this body together to see if we couldn’t ica. We need to make sure we stay on where there is this kind of sequential funding. That will allow the Congress make a difference in terms of Iraq pol- top of those issues with 11⁄2 million vet- icy. That effort to achieve a bridge erans returning from Operation Iraqi and the Senate, under the leadership of across the aisle, to bring Senators to- Freedom and Enduring Freedom. It is Senator LEVIN, the Presiding Officer, gether, is something which Senator important that we not lose sight of the to continue to move forward to try to SALAZAR does as well as any Member of Nation’s promise to take care of our seek a new direction in Iraq and to con- this body. Even though we don’t often veterans. tinue to hold the administration ac- or always succeed in achieving bipar- There has been a lot of good work countable with respect to its efforts on tisan results, we would achieve them done, but there is still more work the ground in Iraq. far fewer times but for the assistance ahead. We must, in this Senate Cham- Yes, when I look at the issue of Iraq, and help of our Presiding Officer. So I ber, figure out a way to continue to be from my perspective and involvement, wish to add my thanks to him as well. agents of change to bring about change I believe we have made significant I yield the floor. I note the absence of in the direction of America. progress in terms of creating a new di- a quorum. I want to comment on a couple of the rection and a new momentum in Iraq. I The PRESIDING OFFICER. The subjects I touched on. appreciate the effort of the chairman clerk will call the roll. First, Iraq. Iraq remains the major of the Armed Services Committees in The assistant legislative clerk pro- national/international foreign policy that debate. I appreciate his leadership ceeded to call the roll. issue of the United States. The Pre- Mr. SALAZAR. Mr. President, I ask and for inviting me and others to go siding Officer, the senior Senator from unanimous consent that the order for with him to Iraq a year or so ago, Michigan, has helped lead us from the the quorum call be rescinded. along with Senator WARNER. We were wilderness in which we found ourselves The PRESIDING OFFICER (Mr. on the ground meeting with Iraqi offi- with respect to the war in Iraq to move LEVIN). Without objection, it is so or- cials, as well as our military leader- forward to what I consider to be a dif- dered. ship, to make sure we had the best in- ferent level of debate today in Amer- formation as we move forward with the f ica. issue on Iraq. ACCOMPLISHMENTS OF THE For the first 6 years of this adminis- Secondly, I wish to comment on en- SENATE tration, they essentially controlled all of the cards. It was only with the ergy. For me, the issue of energy is one Mr. SALAZAR. Mr. President, I come of the most important signature issues to the floor this evening, in the closing change in leadership in the Senate and in the House of Representatives that, of the 21st century. I don’t think we hours of the year 2007, to make a few can do anything that is any less impor- comments. today, there is accountability that is occurring with respect to the war in tant. This is of monumental impor- First, at the beginning of this year, tance not only to the people of Amer- the beginning of this Congress and the Iraq. The senior Senator from Michigan, ica but to our entire globe and all of first year, I believe, we have been a civilization. Congress of robust achievement, which the very distinguished chairman of the has made significant change, and that Armed Services Committee, has really The legislation we passed this year, we must also continue to be agents of led us in the search for trying to find which the President signed today, is change in the future because additional that new direction for Iraq. It was the legislation that is important because it change is needed. We have done some Senator from Michigan who conceived moves us forward in terms of getting a good things for this country. There is of the fact that we needed to move higher level of efficiency with respect much more change we need to do. away from having our troops in a com- to how we use oil, with respect to how We have made change in moving for- bat mission over to the more limited we use electricity in our homes and ward and seeking a new direction in missions of counterterrorism, force buildings, and with respect to how we Iraq and holding the administration ac- protection, border security, and mov- deal with carbon sequestration, to countable on that issue. There is more ing forward in the more limited pres- begin dealing with global warming. But we have to do in achieving that new di- ence in Iraq, and sending, as he has so there is more work we must do to move rection in Iraq. often said on the floor of the Senate, forward with an energy package that is We have made significant change in an unmistakable message to the Iraqi something that is doable here among terms of moving forward toward energy Government and the Iraqi people that all of us in this Congress. We need to independence. There is more work we it is they who have to get Iraq to- make sure the jet engine powers this need to do to achieve real energy inde- gether. It is not up to us in America or clean energy economy into the 21st pendence. to our troops on the ground to resolve century, created out of the Finance We moved forward in crafting the the political problems Iraq faces today. Committee, which lost by 1 vote—we best farm bill, in my view, in several That unmistakable message the Iraqis had 59 votes in the Senate to get that

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15979 package adopted—and that we get that President vetoed the bills passed out of vest in veterans health care at a level across the finish line in the years this Chamber and out of the House. It that the independent budget of the vet- ahead. is my hope that we can return to deal erans service organizations have rec- The automobile companies in our not only with children’s health insur- ommended. It is the first time that we country need to have that financial as- ance but other health insurance issues have met those funding levels. sistance included in that finance pack- that are on the table. The Wounded Warriors Act, which is age for them to be able to make the Fifth, I come from a family—just included in that legislation, will open transition that is so important to get like the Presiding Officer’s family— up a whole new chapter of taking care the higher efficiencies we are asking who very much has recognized the im- of those who serve our country. I ap- them to make. There is still a signifi- portance of education. We very much preciate the leadership, again, of those cant amount of work we must move see that the American dream is made who have been involved in that effort. forward with when we deal with en- possible through opening up those op- When I look back at what we have ergy. portunities to come about through edu- done in 2007 in the Senate and the Con- In my view, the inescapable force cation. gress, yes, it has been a year of robust that ought to bring us together, Demo- I remember growing up on our farm, achievement, but it is also a fact that crats and Republicans, progressives where my father would come around there is much change that is still need- and conservatives, ought to be the the table, and as we were gathered ed. I look forward to working with the issue of national security. It ought to around the table with the kerosene Presiding Officer and with the rest of be the issue of the environmental secu- lamp—because we didn’t have elec- my colleagues, both Democrats and Re- rity and the economic opportunity we tricity and a telephone at the ranch— publicans, in achieving that change have for our Nation. I hope our suc- he would say he was a poor man and that is so much needed. cesses on energy this year are the be- there was not much he could leave us Let me quickly, also, as we move for- ginning of a foundation that will con- in terms of a legacy of wealth or a very ward to this holiday season, say thank tinue to build in the years ahead. large ranch. But the one thing he you to the troops who are overseas and Thirdly, on the farm bill, I am very would say to those eight children gath- to their families for their service and proud of the work Senators HARKIN, ered around that table was that he for their sacrifice. As we think about CONRAD, CHAMBLISS, GRASSLEY, BAU- wanted them to get a good education. that service and that sacrifice, it is im- CUS, and others accomplished in that He would say: If you get a good edu- portant for us to take stock that this is effort. It is interesting to note that 78 cation, which you will get because I a real sacrifice. The statistics today, December 19, Senators voted for that farm bill just will insist on it, that is something I 2007, do not gloss over the reality of last week. That is more U.S. Senators prefer to give you over anything else in war and the horrors and sacrifice of voting for that farm bill than any farm life in terms of riches because an edu- war: Total Americans killed in Iraq, bill in the last quarter century. If the cation is something no one can ever 3,896; total Coloradans from my State Presidential candidates had been here, take away from you. killed in Iraq, 54; total soldiers from we would have had 82 or 83 votes for Mr. President, until this year, there Fort Carson in Colorado Springs who that farm bill. It is a very good bill on had been, in the last 6 years, a policy of have been killed in Iraq, 226; total what we do in our investments in nu- disinvestment in education in America. Americans killed in Afghanistan, 468; trition and conservation and renewable Through the leadership of Senator total Coloradans killed in Afghanistan, energy, in all of those things which are KENNEDY and Senator ENZI, the higher 8; and the number of wounded over important to making sure we have food education programs we reauthorized 30,000; the number of wounded in Iraq security in America. and funded will provide financial aid alone 28,711; the number wounded in It is my hope that, as we move for- and educational opportunity to mil- Afghanistan, 1,840. ward into a conference with the House lions in America. To my own small For those of us who have visited Wal- of Representatives, that legislation can State of Colorado, about $560 million of ter Reed, as most of us have, we see the move forward to the President so it can additional financial aid will be made horrors of war with our wounded war- be signed into law so that we can make possible to the young people who are riors. It is important that we honor sure we maintain the food security of seeking a higher education. them. It is important that we remem- America and that we also open a new The passage of the Head Start Reau- ber them. It is important that we pray chapter for American agriculture as thorization Act is another investment for them in these times and we pray for rural communities and agriculture help in our young people. I come from a their families as well. us grow our way to energy independ- background of having served my State Mr. President, finally, I say thank ence. as attorney general. During the time I you to the leadership in the Senate, es- On health care, it is a tougher issue, was attorney general, I was one of the pecially to majority leader HARRY it is a tough issue, where there has not participants and cochairs of an organi- REID, the man from Searchlight, NV. been significant concern or any con- zation called Fight Crime: Invest in As he said earlier, even today in some cern, frankly, from this administration Children. We had a simple agenda. We of our meetings, he was a Capitol po- with respect to dealing with this crisis were crime fighters, law enforcement, liceman. He never, frankly, thought bankrupting so many American busi- and attorneys general, but we realized someday he would be elected to Con- nesses and causing pain to so many it was important for us to keep kids gress and then be elected to the Senate American families. When we think out of trouble in the first place. So, as and much less to serving as the major- about the statistics, the fact is almost a consequence, our agenda was simple: ity leader essentially in charge of this 50 million Americans today don’t have invest in early childhood education and institution, and yet he is there today. health insurance. In Colorado, almost in afterschool programs. I think the in- I am very proud of his work, as are 20 percent of the population of the vestment we are making in Head Start all the rest of my colleagues. Through State doesn’t have health insurance. It and the reauthorization of that pro- some very difficult times and difficult is a crisis in America. gram is part of that agenda, and I very procedures, he has led us to have the Yes, the White House has not seemed much appreciate the leadership of the robust achievements we have been able to really want to move forward with Senate in getting that done. to accomplish in 2007. I am very proud any kind of change with respect to Finally, returning to an issue in of the fact that he is in charge as the health care that will address the pain which Senator LEVIN, Senator AKAKA, leader of the agent of change as we occurring across America. We tried to Senator MURRAY, and others have been move forward into the new year. make some movement in that direction so much at the point of the spirit in Mr. President, I thank you for your by providing health insurance to 10 leading us to a new level of investment time. I thank you for your leadership million children in America. If we are and protection of our veterans, this and example in the Senate. going to deal with health insurance, it bill, which we approved last night, I yield the floor, and I suggest the ab- seems we need to start providing that which is now being considered in the sence of a quorum. insurance to the most vulnerable, the House, which will move forward to the The PRESIDING OFFICER. The children of our country. Yet twice the President, will, for the first time, in- clerk will call the roll.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15980 CONGRESSIONAL RECORD — SENATE December 19, 2007 The legislative clerk proceeded to lican leader today, and we both have a going to meet stubbornness with stub- call the roll. good feeling about how we have ended bornness. It is not good for the body Mr. LEVIN. Mr. President, I ask the session. Both of us didn’t get ex- politic; just because someone is being unanimous consent that the order for actly what we wanted, but there was a unreasonable means we have to be un- the quorum call be rescinded. feeling of cooperation and bipartisan- reasonable. The PRESIDING OFFICER (Mr. ship. I hope that spills over into next Think about this. Because the Presi- SALAZAR). Without objection, it is so year—I certainly hope so, and I know dent wants one person whom we cannot ordered. Senator MCCONNELL feels that way. get out of the Judiciary Committee, he f I would like to spend a minute on is willing to hold everything up. It nominations. doesn’t sound like much of a com- RECESS SUBJECT TO THE CALL OF My staff, Ron Weich, who does such a promise to me. I can’t understand the THE CHAIR wonderful job for me, indicates I said rationale behind this. Mr. LEVIN. Mr. President, I ask FISA should be extended for 1 year. It I have spoken with Josh Bolton. Josh unanimous consent that the Senate should be extended for 30 days, so we Bolton is a very pleasant person to deal stand in recess subject to the call of have an opportunity to legislate that with. He has a boss, and that is the the Chair. during that period of time. I appreciate President of the United States. So I There being no objection, the Senate, my staff correcting that statement I called Josh Bolton and told him, as un- at 5:53 p.m., recessed subject to the call made. reasonable as I think our President is of the Chair and reassembled at 6:22 We have been working with the being, I am not going to be unreason- p.m., when called to order by the Pre- White House for the last several days able. We are going to confirm these ap- siding Officer (Mr. LEVIN). in an effort to reach an agreement that pointments this evening; as I said, f works for both sides regarding nomina- about 60 for the Republicans, 8 for the tions. We were unable to reach such an ORDER OF BUSINESS Democrats. And I will keep the Senate agreement before the Thanksgiving in pro forma session to block the Presi- Mr. REID. Mr. President, when we holiday. That led to my calling the dent from doing an end run around the come back in January—we are coming Senate into pro forma sessions to avoid Senate and the Constitution with his back on the 22nd—we are going to im- the President’s very objectionable re- controversial nominations. mediately move to the Indian Health cess appointments. My hope was I I hope this is a Christmas present for Care Reauthorization Act. I have spo- could avoid that prospect for the com- these people. These are important jobs, ken to the chairman of the committee, ing holiday. I tried very hard to work and I wish them well in their jobs. I Senator DORGAN. We are going to do with the President. But he indicated he wish them all a Merry Christmas and a everything we can to finish that legis- would still use the period of time that happy New Year with their new posi- lation on January 22. If we can’t finish we would be in recess to appoint objec- tions. it January 22 or early on January 23, tionable nominees. f we are going to move immediately to I said go ahead—here are some. We FISA. I have had a meeting today, for will give you these—for example, the PROVIDING FOR A CONDITIONAL example, with General Hayden and Ad- head of the Federal Aviation Agency, ADJOURNMENT OR RECESS OF miral McConnell, to talk about FISA. I somebody on the Board of Governors of THE SENATE AND THE HOUSE have told them it is going to be very the Federal Reserve Board, the Chem- OF REPRESENTATIVES difficult to get this done. It expires on ical Safety Board. Go ahead and do Mr. REID. I ask the Chair to lay be- February 1. It is something we need to those recess appointments. fore the Senate a message from the do. It would be in the interests of ev- He wanted a person who cannot get House of Representatives on S. Con. eryone to have that legislation ex- through the Judiciary Committee to be Res. 61. tended for a year. I offered to do that Assistant Counsel to the Attorney Gen- The Presiding Officer (Mr. SALAZAR) earlier yesterday, and the White House eral, a man by the name of Bradbury. I laid before the Senate the message said, no, that wasn’t a good idea. talked to various members of the Judi- from the House of Representatives: We are going to do everything we can ciary Committee yesterday. They don’t S. CON. RES. 61 to complete that legislation quickly think the man is somebody who should when we get back, after we do the In- Resolved, That the resolution from the Sen- be confirmed by the Senate. I would ate (S. Con. Res. 61) entitled ‘‘Concurrent dian Health Care Reauthorization Act. say, without a lot of hesitation, there resolution providing for a conditional ad- Also, one of the things we are going is no chance he would be confirmed. It journment or recess of the Senate, and a con- to do is, there is one Senator who has is my understanding he has already ditional adjournment of the House of Rep- held up scores of pieces of legislation been recess appointed. I can’t under- resentatives’’, do pass with amendments: that have already passed the House. stand why the President wouldn’t do (1) Page 1, line 2, of the Senate engrossed These bills have all been reported out what we have suggested. amendment, strike ‘‘adjourns’’ and insert: re- of the committee by Senators BINGA- My only solution is to prevent this cesses or adjourns (2) Page 1, beginning on line 6, of the Sen- MAN and DOMENICI. They are very im- and call a pro forma session again. I portant pieces of legislation dealing ate engrossed amendment, strike ‘‘or until thought these jobs—there are more the time of any reassembly pursuant to sec- with the jurisdiction of that com- than 50 of them, career-ending opportu- tion 3 of this concurrent resolution’’ and in- mittee. What we are going to do, and nities for a lot of these people. These sert: or until such day and time as may be spec- what we have done, is all those bills are very important jobs. All of them ified in the motion to recess or adjourn, or until that have passed the House of Rep- have to be confirmed by the Senate. I the time of any reassembly pursuant to section resentatives, we put them into one ve- could be a Grinch. I could tell the 3 of this concurrent resolution, whichever oc- hicle over here so we will have one President I will not move any nomina- curs first’’ vote. tions given his demand to make con- Mr. REID. I ask unanimous consent I have offered to Senator COBURN, troversial recess appointments. That that the Senate concur in the House who is holding these up—I said, I am would mean more than 50 Republican amendment to the concurrent resolu- willing to let you have two or three nominees would not move forward tion and the motion to reconsider be votes on these. We have been more today. So during the holidays it would laid on the table. than reasonable waiting to work be: Well, maybe when we come back in The PRESIDING OFFICER. Without through this, in my opinion. I think it a month we can do something. objection, it is so ordered. is unreasonable that he has held these The Republicans would get about 60 f up. We are going to complete this legis- nominations. We would get eight. lation one way or the other as soon as But I am not going to do that. I am MAKING FURTHER CONTINUING we complete these other items I men- not going to be the Grinch. We are APPROPRIATIONS FOR FISCAL tioned. going to go into pro forma sessions so YEAR 2008 I will have more to say about this in the President cannot appoint people we Mr. REID. Mr. President, I ask unan- a little while, but I spoke to the Repub- think are objectionable, but I am not imous consent that the Senate proceed

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15981 to the immediate consideration of H.J. well-documented work as a Justice De- lican Senator came out here yesterday Res. 72. partment lawyer in the Voting Rights and said there is precedent for this. Ar- The PRESIDING OFFICER. The Section. guments made yesterday are that es- clerk will report the resolution by The Republicans say he is a person sentially FEC nominations always title. whose work on matters that suppress move as a package, always move to- The assistant legislative clerk read minority voting, such as voter ID and gether. But that is, of course, simply as follows: the Texas redistricting, has nothing to not true. It is true that FEC nominees A joint resolution (H.J. Res. 72) making do with his responsibility at the FEC, have usually moved as pairs by unani- further continuing appropriations for the fis- which we feel bordered on illegality, if mous consent, and that pairing of cal year 2008, and for other purposes. not being unethical. Work on matters nominees is generally a rule on all Without objection, the Senate pro- to suppress minority voting has every- boards and commissions: Here is a Re- ceeded to consider the resolution. thing to do with the Federal Election publican, here is a Democrat; let’s get Mr. REID. I ask unanimous consent Commission. So I take issue with their it done. We do not need a lot of time on that the joint resolution be read three statements that it means nothing. the floor. That is a fact, not by reason times, passed, and the motion to recon- The problem my colleagues and I of precedent as much as by reason of sider be laid upon the table, and that have with him is that his prior work necessity. Nomination pairing occurs any statements be printed in the demonstrates that he is at least a par- because it gives both sides a reason to RECORD. tisan manipulator of our Federal elec- come to the table and confirm nomi- The PRESIDING OFFICER. Without tion laws. That, it seems to me, is nees. objection, it is so ordered. highly relevant to the advice-and-con- There are also cases of FEC nominees The resolution (H.J. Res. 72) was or- sent duty the Constitution puts in our not moving together by unanimous dered to a third reading, was read the care as Senators, but that is a decision consent. One recent case is that of third time, and passed. each Senator in this body should be former FEC Commissioner Brad Smith. permitted to make. We are not going to f Mr. Smith was very controversial on be able to do that. Republican action our side of the aisle and required a roll- FEDERAL ELECTION COMMISSION today prevents us from making it. call vote, which he got. He succeeded in NOMINEES Remember, a simple majority vote winning confirmation. Mr. REID. Mr. President, the Repub- on their nominee, but they want 60 There are also cases I have known licans have taken the very unusual votes on ours. where a Republican President did not step of objecting to a majority vote on It is important to note how we got respect the Democratic selection of an their own nominee, Mr. Hans von here and the concessions that have FEC nominee. For example, President Spakovsky. I offered them that option. been made on our side. Reagan refused to send the Democratic The option was rejected. Mr. von His history, not surprisingly, led to a selection of Tom Harris because the Spakovsky is a very controversial number of Senators on our side of the Republicans objected to his nomina- nominee, but I said: Let’s have a vote aisle, Democrats—we imposed a 60-vote tion. on him. Now, remember, we are not threshold on the nomination. We origi- These different examples do show nally wanted 60 votes on this nomina- asking for 60 votes. We say: Have a there is no single precedent about how tion. On the other side of the aisle, Re- simple majority vote. By that action, nominations are handled. As is so often publicans demanded that the Senate not accepting that offer, the Repub- the case of nominations, a lot depends, only consider the nomination of the re- licans are blocking the Senate from en- as it should, on the actual identity of maining three noncontroversial nomi- suring that the Federal Election Com- the nominee in question. I do think, nees if he was confirmed by the Senate. mission can function at perhaps the however, that as a rule the offer of a These two positions could not be fur- most important time—during a Presi- majority vote on a nominee is pre- ther apart. In view of that impasse, I dential election year. What they have sumptively fair. If the nominee is so have long suggested that the White done will ensure that the FEC is unable controversial that he cannot win the House withdraw his name and sub- support of a majority of Senators, the to enforce the new ethics bill we en- stitute a new name of the President’s acted. The agency is in the midst of Constitution and the rules of this body choosing. Despite this, the nomination dictate the appropriate outcome for rulemakings on that law. has endured. There are two conclusions I draw that nominee. As the days ran short in this session, It is my hope that my colleagues on from the objections of the Republicans: my Democratic colleagues indicated to First, even Republicans find Mr. von the other side will reconsider this posi- me that they would reconsider and tion. I would hope this White House Spakovsky so objectionable that he allow a majority vote on each of the would be defeated on a majority vote; would reconsider their support for this nominees. That resulted in my ability controversial nomination. If they do and second, facing possible defeat for to make this offer to Republicans of a their own nominee, the Republicans not, the responsibility for a defunct majority vote, and I thank my col- FEC rests squarely on their shoulders. would prefer to hold the remaining leagues for their work with me in this f three unobjectionable nominees hos- regard. I appreciate very much that we tage and render the FEC unable to could have a 50-vote margin on this DEMOCRATIC ACCOMPLISHMENTS function in the next election. controversial nomination and on the Mr. REID. Mr. President, we have We have offered them a majority rest. That work should have meant reached the end of a long, hectic, at vote. We said: We will take a position, that the FEC would continue to func- times contentious and frustrating but a majority vote on all three. They said: tion. The Federal Election Commission unquestionably productive first year of No, now we want 60. So the FEC will be will not be able to function. It should the 110th Congress. unable to function during the next have meant that campaign finance We welcomed back our friend and election. laws would be enforced in the next colleague, Senator TIM JOHNSON, who Both the New York Times and Wash- election. It should have meant that the has made an extraordinary recovery, ington Post recently editorialized FEC would be able to complete its new and we were so happy this week to see about the absolutely critical impor- binding rules as it relates to bundling, him walk in the Senate Chamber. tance of ensuring we have a functional but it will not because Republicans We lost a friend in Craig Thomas, FEC during a Presidential election have obstructed a vote on these nomi- said hello to his successor, Dr. JOHN that promises to bring record sums of nees, including a vote on their own. BARRASSO, and said goodbye to Senator money into our political system. The Republicans seek confirmation TRENT LOTT last night. Democrats agree. We are prepared to even though a majority of Senators We held an unusual three Congres- have a majority vote on each of the may not support that nomination. sional Gold Medal ceremonies, three of nominations. But this nominee has That, it seems to me, is truly extraor- them this year. That is very unusual. been controversial since the President dinary. We honored the Tuskegee Airmen for recess-appointed him almost 2 years A lot has been said about the prece- showing America that valor is color- ago. That controversy stems from his dents of FEC appointments. A Repub- blind.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15982 CONGRESSIONAL RECORD — SENATE December 19, 2007 We awarded a Gold Medal to Dr. relates to keeping kids in school and deployment of our forces from Iraq so Norm Borlaugh for putting food on the letting them go to school since the GI we can focus on those who attacked us tables of billions of people—not mil- bill of rights. On higher education, we on September 11, bin Laden and al- lions but billions. This scientist figured believe that all children, regardless of Qaida. out a way to grow a lot of food very the wealth of their parents, should Just today, the Washington Post re- quickly. have an opportunity to go to college. ports that the people of Iraq believe The Dalai Lama was awarded the This Congress also made our country they would be better able to reconcile Gold Medal for planting seeds of peace safer. the nation without our combat pres- throughout the world. After 3 years of inaction by the Re- ence. Of course, we tried to address the publican-controlled Congress, we fi- A major story in the Washington major issues that affect us at home and nally have implemented the rec- Post today pronounced that the Shias abroad. Although these efforts occa- ommendations of the 9/11 Commission, and all their different sects, the Sunnis sionally ended in frustration, the which helps secure our most at-risk and all the different Sunni sects, and record will show we also made real cities. It gives our first responders the the Kurds, all agree that the invasion progress on behalf of the American peo- communications tools they need in an is the problem in Iraq today. We are an ple in spite of the fact that yesterday emergency and improves oversight of occupying force. I quote: The Iraqis be- the record was broken—62 filibusters in our intelligence and homeland security lieve our presence ‘‘is the primary root 1 year; in 1 year, they broke the 2-year systems. of the violent differences among them record. The record previously was 61 We provided funds to replace the and see the departure of ‘occupying filibusters in a 2-year period. Yester- equipment our National Guard and Re- forces’ as the key to national reconcili- day, it was broken in a 1-year period. serve have lost because of the war in ation . . . ’’ But as we return home to spend the Iraq. This has been clear for a long time, holidays with our families and con- We secured permanent funds for and the President should start listen- stituents, all 100 Senators can say with western wildfires and other disaster re- ing. The war will soon be starting its confidence that we have taken steps to lief that makes our country safer. sixth year. Even as the war rages on, make our country safer, stronger, and This Congress has supported our cou- this Congress has made a difference. more secure—I guess after last night, rageous troops with more than words Before Democrats took control of Con- with Senator LOTT’s resignation, all 99 but action. Despite the President’s op- gress, the President’s Secretary of De- of us. position, we gave every man and fense was named Rumsfeld. He and the This Congress put working families women in uniform an across-the-board Bush White House and the Cheney first. We passed the first increase in 3.5-percent pay raise. We provided White House conducted the war with the minimum wage in a decade to get much needed funds for body armor and total impunity. No dissent was toler- the hardest working but least paid other protective gear to keep our ated. The patriotism of those who Americans more to make ends meet. troops safe during this combat that raised questions was attacked openly. Remember, 60 percent of the people they fight in Afghanistan and Iraq. Billions of taxpayer dollars were given who draw minimum wage are women, We exposed the awful neglect at Wal- to companies such as Halliburton with and for the majority of those women, ter Reed and other military health care little or no accountability. But this that is the only money they get for centers. We passed the Wounded War- year, Democrats have fought the Presi- themselves and their families. rior Act and other legislation that en- dent’s recklessness in the harsh light We passed a bill to help Americans sures the veterans receive the physical of day. We forced the President to set avoid foreclosures and keep their and mental health care they need. benchmarks for legislative and polit- homes. According to RealtyTrac, Ne- A fair reading of the RECORD will ical progress and required regular re- vada has seen 47,000 foreclosure filings show that we have not accomplished ports on whether these benchmarks this year alone. This legislation is des- everything we had hoped. This was not were being met, which has shown that perately needed. for lack of effort by us. On issue after the surge has failed to reach its main We invested in community health issue, a majority of the Senate ex- objective—as set forth by the Presi- centers, high-risk insurance pools, and pressed support for change, only to be dent, not us—political reconciliation. rural hospitals to give lower income thwarted by Republicans in the minor- We compelled General Petraeus to tes- Americans a better chance for healthy ity wedded to business as usual, the tify. He has said repeatedly the war lives. status quo. cannot be won militarily; it can only We passed—and I was with the Presi- On Iraq, a bipartisan majority of be won politically. We brought to light dent as he signed it at the Department Senators consistently supported chang- the Blackwater controversy and have of Energy building today; he signed a ing course. Like the American people, begun to untangle the web of massive landmark energy bill which will save this majority is saddened to say that financial mismanagement in Iraq that consumers money on their heating after nearly 5 years, nearly 4,000 Amer- has cost American taxpayers dearly. bills, lower gas prices, and begin to ican lives lost, more than 30,000 wound- Do I feel enough has been done? Of stem the tide of global warming. For ed, a third of them grievously wounded, course not. Too many Republican Sen- the first time in 32 years, we have in- and some say as much as $800 billion ators continue to fall in lockstep with creased fuel-efficiency standards—ex- spent, there appears to be no end in the President on the war. It is frus- tremely important. We could have done sight for the Iraq war. But last night, I trating for all of us who so desperately better. I am happy we got this done. think we showed that even Republicans want to change course. The Iraq war We were one vote short because we are losing support for this war. The has not been the only source of frustra- could not get another Republican, one President asked for $200 billion; they tion. Bush-Cheney Republicans have vote short of passing legislation deal- got $70 billion. So even the Republicans set an all-time record for obstruction. ing with energy that would have been understood that the President should They have almost made a sport of it. If so wonderful. It would have given long- not have a blank check. my Republican colleagues had reached term tax incentives for our great entre- Unfortunately, the President still re- across the aisle to work with us more preneurs in America to invest in solar, fused to heed the call of the American often, as we tried to do with them, wind, geothermal, bio. But we will be people to responsibly end the war, as they would have found us willing and back in the next few months and try Republican supporters in Congress con- eager to find more common ground. that again. I feel confident that we will tinue to stand by him. On more than 40 Children’s health insurance, about 15 pick up another vote. separate occasions, the President’s sup- million people have no health insur- We also have invested in education porters denied the Senate from even ance in the country. But sadly, some of with funding for title 1, special edu- voting on a change in course. Only those people are little people. They are cation, teacher quality grants, after- once did they step aside and let the children. What we tried to do and did school programs, Heat Start, and stu- majority speak, and on this occasion do on a bipartisan basis—and I appre- dent financial aid—the most signifi- the President wielded his veto pen and ciate my Republican colleagues for cant change in higher education as it halted our efforts to begin a phased re- sticking with us—we passed twice a

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15983 children’s health initiative that the that I don’t depend on him—and, of I did want to particularly recognize President vetoed, a bill that would give course, Lula Davis who runs this floor Senator REID, who is more committed 10 million children the opportunity to with an iron hand. I am not going to go to our fight to maintain the American go to the doctor when they are not through the entire staff, Trish and Tim dream and quality of life for families feeling well or even maybe for a check- and everybody, but I wanted to give and businesses and farmers and Ameri- up. They would have a place to go if special recognition to those two people cans all across the country than any- they were in an automobile accident or who do so much for me on a daily basis. body I know. I thank him for that. some injury was suffered. The Presi- Then my personal staff: My chief of We have achieved tremendous gains. dent vetoed that. So what do we have staff Gary Myrick, who works so hard We have seen change happen. We have now? We have 5.5 million less children and is separated from his family a lot raised the minimum wage this year. We who have more limited benefits than more than he wants to be. That in- have created open doors in a real way we would have given them. Instead of cludes my entire staff, who devote long for people to go to college—for low-in- 10 million children with a very nice in- hours to me and the Senate and to our come families, we raised the Pell grant surance policy, we have 4.5 million country. I am very grateful. twice this year—but also to make sure children with a bad insurance policy— As I told my caucus today, these that middle-income students can afford better than nothing but not a good one. staff people are so well educated, so to borrow at lower interest rates, cut- It is my goal for the coming year to well trained, do so many different ting interest rates in half in order redouble our efforts of finding common things. But they are interested in pub- make it possible to go to college and ground. I am hopeful my Republican lic service, trying to make this country have the American dream. We have colleagues will join us. I believe this a better place. That is what we are all passed so many different bills that ad- year’s session will be remembered more here trying to do for our country. I dress our safety and security and op- portunity for families. There is so for progress than setbacks. Yesterday wish every one a Merry Christmas and much more to do. But we are focused. Senator MCCONNELL said: ‘‘We have a Happy New Year. As we come to the end of this year and come to a very successful conclusion of I suggest the absence of a quorum. we think about all of what is affecting this year’s Congress.’’ The PRESIDING OFFICER. The families today, all the pressures that I agree and thank my Republican clerk will call the roll. The assistant legislative clerk pro- families feel, it is important to say one counterpart for those words. He and I ceeded to call the roll. more time that we understand, we get have gone through some difficult times Ms. STABENOW. I ask unanimous it. We are working very hard because this year. The Senate has gone through consent that the order for the quorum time is of the essence. some difficult times. Senator MCCON- call be rescinded. Frankly, there are things that should NELL and I have criticized each other The ACTING PRESIDENT pro tem- have been done that haven’t been done. at times, never personally but on a po- pore. Without objection, it is so or- We are going to be right back at it in litical basis. That is how it is supposed dered. January. to be. Senator MCCONNELL has been at Ms. STABENOW. Mr. President, as I am proud of the fact that we have all times a gentleman. I have done my we bring the session to a close, I want addressed one of the major concerns for best to reciprocate. to spend a moment speaking about how families in Michigan and all across the I thank my 50 Democratic Senators I far we have come this year. Our leader, country who face the loss of a home be- have the honor of being able to be the who was speaking about accomplish- cause of the mortgage crisis, because of leader of for entrusting me with the of- ments, is someone whom we should all predatory lending practices or other fice of majority leader. I am grateful be thanking for his leadership in bring- circumstances in which they find for the opportunity to be a Senator. I ing us to a point where we have been themselves in a situation of losing am grateful for the opportunity to be making changes that affect middle- their home. the leader of these 50 wonderful men class families all across America in a Last week on Friday we were able to and women. I will continue to do the very positive way. There is a lot more pass FHA reform that will allow more best I can during the next year, recog- to do. We are anxious, frustrated, push- people to get refinancing for their nizing my failings and weaknesses, but ing hard, because there is a lot more to homes. This is an important step. I am also working on what strengths I have do. But we have made a great start. We pleased to have led the effort to make to the best of my ability. have made a downpayment on the sure the law was changed so that if I also take an opportunity to thank change families are asking us to make. somebody loses their home or refi- this staff, the people before the Pre- It has not been easy because we have nances below their mortgage value, siding Officer, who do everything they seen an effort of continually trying to they don’t end up getting hit with an- can to make us look good. They work block change, of filibusters which are a other tax bill on top of losing their so hard. Some of us got home by mid- way to drag things out, slow things home. We have a lot of families right night last night. Many of these people down, stop things from happening. It is now who are coming up to Christmas. were here much later than that. When quite extraordinary. They don’t have a place to put the we get here in the morning, they are In the past, the highest number of Christmas tree. They don’t have a here earlier than we are. These are peo- filibusters was 61 over a 2-year period. home now, or they are worried about ple who do all kinds of different work. Our Republican colleagues actually whether they will be able to have their I have been in Congress for 25 years. I beat that in 1 year, 62 different times home next Christmas. There are tre- don’t understand all of what they do, running the clock out, slowing things mendous pressures that families are ex- but what they do makes our jobs mean- down. It was extraordinary to me as a periencing on all sides. ingful and successful. member of the Agriculture Com- We have been able to take two steps As we speak, we have plainclothes mittee—and the distinguished Senator to address that: one, to make sure that police officers here to protect us from in the chair is also a committee mem- if a family finds themselves in that sit- the evil people who are trying every ber as well—to see almost 3 weeks of uation, they don’t also have the insult day to infiltrate this beautiful building filibustering on the farm bill, an effort of adding a tax bill to their economic and do harm to us and this building. I to address food security and energy se- crisis. That is great. I am very proud of was a Capitol policeman, very proud of curity and move us forward on farm that. I am proud we were able to work that. I carried a gun for the U.S. Cap- policy. Fortunately, we were able to together with colleagues on both sides itol Police when I was going to law get beyond that. But we have been able of the aisle in the House and in the school. I am always trying to recognize to get beyond this extraordinary wall Senate and the President. I commend their good work on our behalf. of objections over and over again be- the President for working with us on Without identifying individuals by cause of the amazing and consistent that issue. I am hopeful he will do name, I am so grateful for the help I and dedicated leadership of our leader more of that. We need him working get. But I would be remiss if I did not and all of those in leadership, our com- with us on hundreds of things that will mention two people, and that is Marty mittee chairs and others who have been make a difference in people’s lives. But Paone, whom I depend on every day I so dogged and diligent about wanting I am pleased in this one area where we am here—there are few hours I am here change to happen. were able to do that.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15984 CONGRESSIONAL RECORD — SENATE December 19, 2007 People are feeling squeezed. As the trade laws. So the Federal Government around the world, is affecting you. We distinguished Presiding Officer knows, said: OK, we are going to help people are sorry about this, but at least there people are feeling squeezed on all sides transition to new jobs, to be able to get is the thing called TAA, trade adjust- in their lives. Too many people are see- the help, the support they need—some ment assistance, that can help you. ing their wages go down, if they have a help for health care in the short run Well, right now this is running out. It job. They see their health care costs go and be able to go back to college, go to may not be there for new people who up, their gas prices go up, their health community college, go to trade school, find themselves in a situation similar care costs go up—all the costs—the whatever they want to do to be able to to the folks in Greenville. That is out- costs of college going up. transition, to be able to keep their rageous. When we think about the ob- One by one, we are addressing those standard of living, and, again, to keep struction that has gone on, on this issues. We are focused on making their way of life. floor over and over and over again, the change happen, to help families work- We are in a situation right now 62 different filibusters, the obstruc- ing hard every day who want to make where the Trade Adjustment Assist- tions, the objections that have gone on, sure the American dream is there for ance Program will expire at the end of you would think, a few days before their kids and for their grandkids, who this year, and we have been pushing Christmas, the holidays—a time of love this country. They are people who very hard for a simple 3-month exten- charity and good will—we could come love this country and say: Hey, what sion. The House sent to us a simple 3- together, that our colleagues would about us? Is anybody paying attention month extension of the current law join with us and simply allow a current to us? The majority of Americans who until we can revise and update the law. law to continue for 3 months—just 3 are working hard every single day, fol- Now, I have to also say, I am very months. That is it; just 3 months. lowing the rules, who love their family, pleased, as a member of the Finance Unfortunately, our Republican col- love their faith, and want to know Committee, to be working with our leagues have held this issue hostage somebody is paying attention to their chairman, to have joined him in intro- over a totally unrelated issue. They needs and their lives and their desire to ducing a very important bill to im- have wanted to tie this to a dispute re- have that American dream and to have prove trade adjustment assistance, to garding the FAA. Certainly, the FAA is the American way of life. So we under- be able to expand what we can do to important, but they want to tie it to a stand that. more adequately meet the needs of dispute there and are blocking our ef- I am proud to be part of the majority workers and families and communities forts to simply move forward on a 3- that has made a commitment to ad- and small businesses that are impacted month extension of something that di- dress those things—whether it is bring- by unfair trade situations or the loss of rectly helps working people in this ing down the cost of college, raising jobs through trade. country—families, communities. It wages, being able to address the costs But, right now, we have an imme- helps families be able to stay intact, be of gas and energy; whether it is ad- diate situation, an immediate situation able to move into this new economy, dressing food and nutrition and con- going on that will affect thousands— new world that everybody is talking servation and alternative fuels or the tens of thousands, hundreds of thou- about that involves a different kind of mortgage crisis. sands—of Americans across the coun- trade policy. The common theme for us is: Making try if this law expires. We have been Our leader has offered that we will change happen for middle-class Ameri- doing everything possible to be able to deal with trade adjustment assistance, cans and those who love our country simply get a 3-month extension. We did a 3-month extension, but also address and want us to help them be able to that once back in September—a 3- the unrelated Republican FAA proposal keep that American dream, by having month extension. We are asking for an- on its own, that both would be dealt the rules be fair and having it make other 3-month extension so we can pass with but dealt with separately. For sense for them in this country. this broader, more up-to-date law that some unknown reason, that was not ac- f will help more people. ceptable. There has been a desire to tie TRADE ADJUSTMENT ASSISTANCE When I think about this issue, it is them together and to object to pro- ACT something that is shocking to me, to ceeding on this very important effort Ms. STABENOW. Mr. President, in a think we would even have to be strug- to support families and to make sure moment, I am going to offer a unani- gling with our Republican colleagues nobody falls through the cracks come mous consent request to pass H.R. 4341, about a 3-month extension. I think January 1. which is a 3-month extension of some- about Greenville, MI, on the west side That is the least we can do in the thing called the Trade Adjustment As- of Michigan, a town of about 8,000 peo- Senate. If this program expires, unem- sistance Act. We call it TAA. ple, who saw their Electrolux plant— ployed men and women all around But first I wish to speak for a mo- they made refrigerators—that em- America are going to be in a position ment about this program, because ployed 2,700 people—they did a great to be denied the help they need to be when we talk about families, when we job; they worked in three shifts; they able to continue on with their lives. talk about middle-class families—peo- were making a profit—but the com- Those who are currently involved in ple who love this country, who play by pany decided they could make a bigger the program will be able to continue to the rules every day, and want to know profit if they moved to Mexico. receive help, but I can assure you, com- that they can take care of their kids After a lot of discussion with the ing from a State in great transition and have a job and a home and all State, myself, and others in the Fed- right now, with thousands of people those things we want for our children— eral Government—how could we help falling into that situation, where they we have a group of people in this coun- them be able to stay—they said: Do need trade adjustment help, we have try who, through no fault of their own, you know what. You can’t compete people who have been waiting and wait- have found themselves losing their job with $1.57 an hour and no health bene- ing and waiting and will find them- because of this global economy we fits, no pension benefits in Mexico. So selves in a situation on January 1 with have—something called trade, jobs they left. no help. being shipped offshore. The people in Greenville, MI, have This is not acceptable. This is abso- Certainly, I support trade. We all been counting on the Federal Govern- lutely not acceptable. It does not have support trade. But I want to export our ment to keep its promise through trade to happen. There is absolutely no rea- products, not our jobs. Back when the adjustment assistance, to be able to son for this. We have a simple House free trade laws were passed, NAFTA help them pick themselves up and con- bill in front of us—no secrets; very sim- and others, there was a commitment tinue their lives. ple. Very simple: extend this critical made by the Federal Government to This is not some theoretical debate. I program through Christmas, through help those who are caught in the mid- know these people. I know people in New Year’s. Get us into the new year dle, who lost their job because of trade communities all across Michigan who so we can work out any other dif- policy. have been told: Gee, we are sorry this ferences and let families be able to Their job goes away, and the Federal current race to the bottom in trade, know we understand and we are not Government is the one passing these where you go to the lowest wage going to use unemployed men and

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15985 women, who are unemployed through the country with short construction PFC Marius L. Ferrero, of Miami, FL no fault of their own—the plant picks cycles. CPL Jason T. Lee, of Fruitport, MI up and goes to Mexico, goes to China, Since Congress has been unable to CPL Christopher J. Nelson, of Rochester, WA goes someplace else. This is not their pass a multiyear Federal Aviation Ad- 2LT Peter H. Burks, of Dallas, TX ministration authorization bill, air- SSG Alejandro Ayala, of Riverside, CA fault. They want to work. They are SGT Steven C. Ganczewski, of Niagara Falls, great workers. They are going to con- ports are urging Congress to pass legis- NY tinue to find a way to work. But to lation that will extend the authority SGT Mason L. Lewis, of Gloucester, VA hold them as pawns at this time is through the end of March for a total of SGT Kenneth R. Booker, of Vevay, IN shameful. 6 months of funding. 2LT Stuart F. Liles, of Hot Springs, AR So, Mr. President, I am being told Extending this contract authority SPC Ashley Sietsema, of Melrose Park, IL there is going to be a Republican objec- through the end of March would pro- CPT David A. Boris, of PA tion. I received a note to that effect. I vide airports with more than $1.8 bil- SPC Adrian E. Hike, of Callender, IA SGT Derek R. Banks, of Newport News, VA am told there is no one here who is lion in AIP funds. Extending the AIP able to object at this time. But due to contract authority through the end of We cannot forget these brave men the courtesies of the Senate, I will not March will allow the FAA to fully fund and women and their sacrifice. These ask, although I am very tempted, I the Letter of Intent Program, which brave souls left behind parents and have to tell you—but due to the cour- provides funding for critical infrastruc- children, siblings, and friends; we want tesies involved in the Senate, and the ture projects at major commercial air- them to know the country pledges to preserve the memory of our lost sol- rules of the Senate, I will not proceed ports around the country. diers, who paid the ultimate price, with to ask for unanimous consent because, It was my intention to ask unani- the dignity they deserve. in fact, I have received a notice that mous consent to pass S. 2530, the Fed- the Republicans will, in fact, be object- eral Aviation Administration Exten- f ing one more time, one more time, one sion Act for 2007, which was introduced FHA MODERNIZATION ACT earlier. It is my understanding that more time to our ability to support and Mr. SUNUNU. Mr. President, last there would be a Republican objection, help working men and women and their week, I was pleased to support passage so, sadly, I will withhold asking for families for the next 3 months. of the FHA Modernization Act, S. 2338. that consent. I suggest the absence of a quorum. This legislation will update the FHA I am disappointed that this is not The ACTING PRESIDENT pro tem- program so that it once again is better going to be able to go forward. There pore. The clerk will call the roll. able to provide many low-income and are many airports around the country, The assistant legislative clerk pro- first-time homebuyers another option airports in Pennsylvania, and I am sure ceeded to call the roll. as they try to secure a mortgage for a in Nevada and other parts of the coun- Mr. REID. Mr. President, I ask unan- new home or to refinance an existing try that, simply will be unable to do imous consent that the order for the mortgage under more affordable terms. quorum call be rescinded. what they need to do for the people As some consumers experience credit The ACTING PRESIDENT pro tem- who are so dependent on them, espe- tightening in the home mortgage and pore. Without objection, it is so or- cially these rural airports. other financial markets, a byproduct of dered. f issues in the subprime mortgage mar- f HONORING OUR ARMED FORCES ket, the availability of stable financing alternatives is critically important to EXTENDING AIP CONTRACT Mr. LAUTENBERG. Mr. President, reducing the negative effects of the AUTHORITY another month has passed, and more current market turmoil. Mr. REID. Mr. President, Congress is American troops lost their lives over- While the FHA Modernization Act is currently considering proposals to ex- seas in Iraq and Afghanistan. It is only not a silver bullet, it represents a re- tend contract authority for the Airport right that we take time in the Senate sponsible step the federal government Improvement Program, which is known to honor them. can take to benefit thousands of bor- as AIP. If lawmakers—that is us—are Since last memorializing the names rowers around the country. unable to reach an agreement and fail of our fallen troops on November 16, Additionally, in the last several days to pass legislation extending contract the Pentagon has announced the Congress passed a measure, which I co- authority before Congress adjourns for deaths of 39 troops. They lost their sponsored, that encourages home- the year—that will be in a few min- lives in Iraq and in Operation Enduring owners and their lenders to work out utes—the funding for critical safety, Freedom, which includes Afghanistan. alternative payment plans that prevent security, and capacity projects at air- They will not be forgotten. Today I individuals from losing their homes. ports throughout the country will be submit their names into the RECORD: The Mortgage Forgiveness Debt Relief delayed. PFC Juctin R. P. McDaniel, of Andover, NH Act, H.R. 3648, will protect taxpayers The omnibus does not contain any SGT Austin D. Pratt, of Cadet, MO from an IRS tax bill in the event they funding authority from the aviation PVT Daren A. Smith, of Helena, MT have a portion of their mortgage debt trust to pay for airport grants. The SFC Jonathan A. Lowery, of Houlton, ME forgiven. Under current law, home- SSG Michael J. Gabel, of Crowley, LA short-term extension includes such CPL Joshua C. Blaney, of Matthews, NC owners entering foreclosure or refi- funding authority for 6 months and has SGT Samuel E. Kelsey, of Troup, TX nancing their mortgage at a lower loan formula changes that allow the Depart- SPC Brynn J. Naylor, of Roswell, NM value due to a drop in housing prices, ment of Transportation to run the pro- CPO Mark T. Carter, of Fallbrook, CA face an unfair and unwarranted tax. gram with only half a year’s funding. If SSG Gregory L. Elam, of Columbus, GA The last thing someone struggling to the separate FAA extension isn’t CPL Tanner J. O’Leary, of Eagle Butte, SD stay in their home needs is a huge tax passed, the Department will not be able CPL Johnathan A. Lahmann, of Richmond, obligation on income that they never to make any grants to airports. IN saw. I expect the President to sign this Lack of contract authority for the SPC Randy W. Pickering, of Bovey, MN SGT Eric J. Hernandez, of Waldwick, NJ legislation into law in the coming Airport Improvement Program grants PVT Dewayne L. White, of Country Club days. would cause significant impact. Unless Hills, IL In addition to the legislation re- rectified through authorization, the CPT Adam P. Snyder, of Fort Pierce, FL cently advanced by Congress, the Fed- program would lose a construction sea- SGT Kyle Dayton, of El Dorado Hills, CA eral Reserve proposed a rule this week son for airports that have had to bid SGT Blair W. Emery, of Lee, ME that would prohibit lenders from mak- contracts early due to winter weather SPC Matthew K. Reece, of Harrison, AR ing so-called ‘‘no documentation’’ for work in the spring and summer. SFC John J. Tobiason, of Bloomington, MN loans where a borrower’s income or as- Delaying these funds would be par- CPL Allen C. Roberts, of Arcola, IL sets are not verified; prohibit lenders PVT Isaac T. Cortes, of Bronx, NY ticularly hard on small airports that SPC Benjamin J. Garrison, of Houston, TX from engaging ‘‘in a pattern or prac- rely on this funding as the primary SSG Jonathon L. Martin, of Bellevue, OH tice’’ of lending without considering a source of revenue for infrastructure SPC Melvin L. Henley, Jr., of Jackson, MS borrower’s ability to repay a loan; re- projects and those airports in parts of SGT Alfred G. Paredez, Jr., of Las Vegas, NV strict prepayment penalties on certain

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15986 CONGRESSIONAL RECORD — SENATE December 19, 2007 loans; and require lenders to establish loan guarantees for questionable en- The omnibus also includes a com- escrow accounts for property taxes and ergy sources, such as the building of bined $750 million for the assistance to homeowners insurance. new nuclear power and for coal-related firefighters grants and SAFER grants The proposed rule would also restrict energy, especially coal to liquids. programs, both of which provide vital ‘‘yield spread premiums’’ that exceed Last night, I voted against an amend- support to the nation’s courageous fire the amount a consumer had agreed to ment to provide the President with a fighters. in advance; prohibit coercion of an ap- blank check for his war. Until even Also, the emergency management praiser to misrepresent the value of a later in the evening, I thought that the performance grants program, which home; prohibit certain deceptive adver- war funding would be attached to the supports all-hazards planning and pre- tising practices; and improve certain domestic spending legislation set for paredness, received an increase of $100 truth-in-lending disclosures. vote that evening. However, it was million over last year’s level for a total While I look forward, as a member of clear by the time of the domestic of $300 million. the Banking Committee, to reviewing spending vote that the Iraq war funds the Fed’s proposed regulations in the were kept separate. I remain very con- And a new interoperable communica- coming weeks, the committee should cerned with the nuclear and coal loan tions grant program, included in the proceed cautiously as it considers more guarantees that were inserted, I de- 911 implementation bill, will receive aggressive attempts to address current cided that, on balance, the domestic $50 million in funding a positive step issues in the housing market. With the spending bill that would fund, among towards what I hope will be a greater housing correction already under way other important priorities, community commitment to provide dedicated fund- and with the restricted credit avail- health centers and health care for ing for what is still the number one ability that we are now experiencing, many Americans in need, deserved my priority of state and local officials. some of the proposals that have been support. I regret the insertion of the FEMA which is in the midst of a floated may have the unintended con- ill-conceived loan guarantees and will much needed transformation pre- sequence of exacerbating reduced cred- work with my colleagues to address scribed in the Post Katrina Emergency it availability at exactly the wrong them. Management Act, which I also co-au- time. Others may unnecessarily use Mr. LIEBERMAN. Mr. President, the thored with Senator COLLINS also does taxpayer dollars to encourage unwise famous test pilot Chuck Yeager once well in the Omnibus, receiving $724 behavior in the future. said: ‘‘Any landing you can walk away million $189 million above its fiscal Any further legislation in this area from is a good one. But a perfect land- year 2007 level. This includes an addi- needs to be thoroughly reviewed to en- ing is one where you can fly the plane tional $100 million for FEMA’s core op- sure that it will have a positive effect the next day.’’ erations programs, which are critical on homeownership in this country, When it comes to homeland security, to the agency’s efforts to turn itself both now and in the future, and not the Omnibus appropriations bill which into a world-class response agency ca- simply rushed through Congress for the Congress approved last night is a good pable of leading our Nation in pre- sake of political expediency. landing in the sense that we can all go paring for and responding to a catas- One piece of legislation that the Sen- home for the recess having improved trophe which it clearly was unable to ate Banking Committee should address funding for the Department of Home- do with Hurricane Katrina in 2005. as soon as possible is GSE reform. The land Security over the President’s Rail and transit security grants re- House passed legislation earlier this wholly inadequate budget request. ceive $400 million, $225 million above year that strengthens the oversight of But it is not a perfect landing be- 2007. These much needed investments Fannie Mae and Freddie Mac. With the cause it leaves some important initia- will help improve security in transpor- ongoing difficulties in the housing tives stuck on the ground due to either tation modes which have been largely market, now more than ever it is im- a lack of funding or misplaced prior- neglected, relative to airline security, perative that Congress act to guard ities. even though terrorists have time and First the good news: Overall the om- against threats to our capital markets again demonstrated that they are pri- nibus includes $38.7 billion for the De- and to protect against any possible mary targets. negative consequences for taxpayers partment of Homeland Security, DHS, that could arise without proper over- for fiscal year 2008, including $2.7 bil- Port security grants are funded at sight of these institutions. Fannie and lion in emergency funds for border se- $400 million as authorized by the SAFE Freddie have had a number of problems curity and other needs. Port Act $190 million above last year’s over the past several years and are so This is significant improvement over level. The legislation also includes $13 centrally important to the mortgage the President’s $34.3 billion request, million for the secure freight initiative market that any further problems with the additional money going to and global trade exchange programs— could have serious repercussions that help our first responders and State and funding which will further help close could spread throughout our financial local governments purchase equipment another glaring weakness in our home- markets. and receive the training they need to land defenses. The GSE’s regulator needs to be effectively respond to man-made or I am a vocal proponent of comprehen- strengthened so that Fannie and natural disasters; to better protect our sive immigration reform. This includes Freddie can continue their important ports and railways; to increase security reforms to strengthen of our borders. role in supporting the mortgage mar- on our borders and in our airports, and The omnibus moves us closer to that ket. Any efforts to enhance their role to confront the looming threat of ter- goal. in the mortgage market must not move rorists attacking us at home with im- The bill provides $6.8 billion for Cus- forward until fundamental regulatory provised explosive devices, or IEDs. toms and Border Protection, CBP, to Specifically, the bill includes $950 reform is enacted. improve security at the borders, in- million for FEMA’s State Homeland f cluding funds to continue limited use Security Grant Program, SHSGP—the of National Guard troops on the border CONSOLIDATED APPROPRIATIONS full level authorized in the Imple- and hire 3,000 additional border patrol ACT menting the Recommendations of the agents. Mr. SANDERS. Mr. President, last 9/11 Commission Act of 2007, which Sen- night I indicated my strong concerns ator COLLINS and I authored. SHSGP The bill also provides $1.2 billion for about the omnibus appropriations bill, grants provide critical support for pre- border security fencing to complete 370 a bill that I expected to include all do- vention, planning and response efforts miles by the end of fiscal year 2008 and mestic spending as well as funding for by State and local governments. They almost $15 million for additional un- the war in Iraq. Notably, I discussed help fund training, exercises and equip- manned aerial systems to patrol the my grave misgivings about funding for ment for our Nation’s first responders border. the President’s disastrous, ongoing and and support fusion centers that allow And the omnibus includes $475 mil- ill-conceived war. I also raised my officials to share information that can lion for the U.S. VISIT program used unease with last-minute additions of prevent terrorist attacks. to track the entry and exit of foreign

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15987 visitors and $36 million for a new elec- Western Hemisphere travel initiative, CIVILIAN RESERVE tronic travel authorization for trav- WHTI, until June 1, 2009. Mr. HAGEL. Mr. President, the Sen- elers from Visa Waiver Program coun- Inadequate inspection of travelers to ate Foreign Relations Committee has tries which was authorized by the 911 the United States from Canada, the been pursuing for a number of years implementation bill. Caribbean, and Mexico was identified the establishment in the State Depart- I am also pleased that another initia- by the 9/11 Commission, the GAO, and ment of a civilian reserve to work on tive I advocated—the development of a the State Department as a critical vul- postconflict reconstruction. Our first national strategy for use of closed cir- nerability to our travel systems. The meeting on this issue was in December cuit televisions to enhance national se- language hardening the implementa- 2003. Its need has become increasingly curity—was included in the final omni- tion deadline included in the Omnibus apparent as time has passed, and it is bus package. bill ties the hands of DHS and prevents now urgent that we adopt the legisla- The omnibus also helps us strengthen it from finalizing additional security tion authorizing the civilian reserve chemical security by providing $50 mil- enhancements before such date. and providing the Department the lion—a significant increase over the Again, the Omnibus appropriations funding and authorities it needs to get President’s original request—to protect bill is a good landing but not a perfect the job done. chemical facilities from terrorist at- one and I hope as we begin wrestling Senator LUGAR has provided leader- tacks. We know that chemical sites with next year’s budget we can make ship in both the committee and in pose a serious homeland security vul- the appropriate fixes that will get cer- working with the executive branch on nerability and we must ensure that tain needed programs off the ground. this issue, and Senator BIDEN and I DHS can help them enact meaningful Mr. CORNYN. Mr. President, as vice have worked closely with him in devel- security measures as soon as possible. I chairman of the Senate Sportsmen’s oping the concept and pursuing its im- am also pleased that this legislation Caucus, I am concerned about mis- plementation. In April 2007, Senator safeguards the ability of states and lo- guided efforts by some in Congress to LUGAR, joined by Senator BIDEN and calities, who are our partners in home- ban Federal funding from flowing to myself, introduced S. 613, the Recon- land security, to enact stricter chem- international wildlife conservation or- struction and Stabilization Act of 2007. ical security standards where appro- ganizations and programs that support Senators WARNER, COLLINS, and DURBIN priate. regulated recreational hunting, par- are also cosponsors of S. 613. We dem- Finally, the omnibus also includes a ticularly on the African continent. onstrated that the legislation has over- $10-million increase for the Office of The facts are clear. Twenty-three Af- whelming support in this body when it Bombing Prevention that Senator COL- rican counties currently license ap- passed by unanimous consent in the LINS and I added as an amendment on proximately 18,500 hunters, generating 109th Congress. It should now be taken the floor. over $200 million annually in the proc- up again, passed in the 110th Congress, We have to confront the fact that ess. Regulated recreational, sport, and and sent to our House colleagues for highly lethal and simple-to-make IEDs trophy hunting is saving many animal their immediate consideration. have become the preferred weapon of species in Africa. Licensed and regu- Mr. President, I ask unanimous con- terrorists and the Department of lated tourist hunting boosts local sent to have an op-ed by Senator Homeland Security must have ade- economies and propagates wildlife by LUGAR and Secretary of State quate resources to help State and local providing foreign governments and vil- Condoleezza Rice that appeared in the officials defend against this likely lagers a financial incentive to protect December 17 Washington Post titled ‘‘A threat. and conserve local wildlife populations. Civilian Partner for our Troops’’ print- But, as I said earlier, there are some ed in the RECORD at this point. problems with this bill and I hope we In September of this year, I joined my colleagues on the leadership team There being no objection, the mate- can improve upon it next year. rial was ordered to be printed in the To begin with, this bill contains a of the Senate Sportsmen’s Caucus in sending a letter to our conferees nego- RECORD, as follows: record amount of earmarks for home- [From the Washington Post, Dec. 17, 2007] land security—$443.8 million by my tiating the Department of State and (By Richard G. Lugar and Condoleezza Rice) count. Earmarks can be valuable, but I Foreign Operations funding bill with A CIVILIAN PARTNER FOR OUR TROOPS fear that at this kind of record level we the other Chamber. We laid out the WHY THE U.S. NEEDS A RECONSTRUCTION run the risk of being forced to take facts and noted that even the National RESERVE money away from more important ini- Geographic News reported in March 2007 that ‘‘trophy hunting is of key im- It is unusual in Washington when an idea tiatives. is overwhelmingly supported by the presi- For instance, the pre-disaster mitiga- portance to conservation in Africa by creating [financial] incentives to pro- dent, a bipartisan majority of the Senate tion grant program, which was not pre- Foreign Relations Committee, the State De- viously earmarked, now contains 96 mote and retain wildlife as a land use partment, and both the civilian and military specific earmarks totaling $51.3 mil- over vast areas . . .’’ leadership of the Pentagon. But that is the lion—nearly half the total appropria- Tourist hunting has proven to be a case with the proposed Civilian Reserve tion for this program designed to miti- valuable tool to conserve wildlife and Corps, a volunteer cadre of civilian experts gate the impact of future disasters. habitat and has contributed to the sur- who can work with our military to perform Also, regrettably, the omnibus appro- vival of the African elephant, white the urgent jobs of post-conflict stabilization and black rhino, leopard, markhor, and reconstruction. priations bill does not include funding Creating such an institution is essential for a consolidated headquarters for argali, and other species. for our national security, and the Senate DHS, which is essential to establishing Trophy hunting organizations such should authorize the creation of the corps. a unified culture at the Department. as the Dallas Safari Club located in my Over the past decade and a half, the United Currently, DHS is spread throughout State of Texas have a vested interest in States has learned that some of the greatest 70 buildings across Washington and the promoting the welfare of wildlife and threats to our national security emerge not Capital region, making communica- they provide countless resources that only from the armies and arsenals of hostile eliminate human suffering and improve nations but also from the brittle institutions tion, coordination, and cooperation be- and failing economies of weak and poorly tween DHS components a significant livelihoods in remote areas of the governed states. challenge. world by conserving wildlife, growing We have learned that one of the central The elimination of this funding sim- local economies, and reducing poverty. tasks of U.S. foreign policy for the foresee- ply prolongs an unacceptable status It is my hope that all Members of able future will be to support responsible quo and hinders the homeland security Congress will recognize the positive leaders and citizens in the developing world mission, and I will work hard to re- impact that conservation and hunting who are working to build effective, peaceful store this funding in future appropria- organizations have on the preservation states and free, prosperous societies. Responding to these challenges is a job for tions. of species, and that Federal partner- civilians—those who have the expertise and Finally, I am deeply disappointed ship with these groups leverages sig- the experience in the rule of law, govern- that the omnibus bill unnecessarily nificant private sector contribution to ance, agriculture, police training, economics delays full implementation of the global wildlife conservation. and finance, and other critical areas. The

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15988 CONGRESSIONAL RECORD — SENATE December 19, 2007 State Department and the U.S. Agency for HONORING SENATOR TRENT LOTT TRENT LOTT’S 34 years of service to International Development are working he- Mr. CONRAD. Mr. President, I wish his country as a Member of Congress roically to meet this need. to take a few moments this morning to will forever be remembered in chapters But the truth is, no diplomatic service in pay tribute to our colleague from Mis- of our Nation’s history and by his con- the world has within its ranks all the experts stituents of Mississippi. But the one or expertise needed for this kind of work. As sissippi, Senator TRENT LOTT. a result, from Somalia and Haiti to Bosnia Senator LOTT has been at the center who deserves just as much thanks and and Kosovo, and now to Afghanistan and of every major policy debate in the gratitude is his college sweetheart and Iraq, our government has increasingly de- Congress for more than three decades. wife Tricia. While TRENT has been dedi- pended on our men and women in uniform to Senator LOTT was a fierce and effec- cated to his job and country for the perform civilian responsibilities. tive advocate for limited government. past 34 years, he has been devoted to The military has filled this void admi- No one who has been involved in debat- his family. rably, but it is a task that others can and ing budget, tax, or health policy with Senator LOTT’s congeniality could be should take up. The primary responsibility Senator LOTT—as I frequently did on attributed to his humble beginnings, for post-conflict stabilization and recon- the Finance Committee—can question struction should not fall to our fighting men southern upbringing, or a number of and women but to volunteer, civilian ex- his commitment to conservative prin- things, but no matter the reason he perts. ciples of government. still remains a humble man with many That is why President Bush called for the But what made Senator LOTT effec- friends and a man who is truly kind to establishment of a volunteer Civilian Re- tive was that he understood that others others. As I have grown to know him serve Corps in his 2007 State of the Union ad- had different views, and he understood through our work here in the Senate, I dress. ‘‘Such a corps would function much the importance and art of compromise. have seen that his kindness stretches like our military reserve,’’ he said. ‘‘It would He was driven to produce results, and beyond the walls of his duties on this ease the burden of the armed forces by allow- he was unrelenting in his efforts to floor and to all who encounter him. ing us to hire civilians with critical skills to build coalitions to pass legislation and serve on missions abroad when America TRENT always has a smile on his face needs them.’’ Both the State Department make things better for the American and extends pleasantries to everyone and the Pentagon support this initiative. people. He recognized that, in the Sen- he passes. Here in Washington, it is The Senate has likewise recognized the ate, compromise is necessary to get easy for one to be consumed by self-im- need for a stand-alone rebuilding capacity, things done. As majority leader, he was portance and it is easy to forget to and last year unanimously passed legislation able to find policies that could hold his treat others as we wish to be treated, to create a Reconstruction and Stabilization caucus together and at the same time but he never did. While in the lobby of corps within the State Department. Legisla- win support from the Clinton White another office, Senator LOTT will have tion before the Senate would take further House and moderate Democrats. a candid conversation with the much steps to establish the operational elements In more recent years, he has played a overlooked staff manning the front necessary for this work. The bill has three key behind-the-scenes role in bridging parts: desk or anyone in his path—he will go differences between the parties. No one First, it calls for a 250-person active-duty out of his way to make sure everyone corps of Foreign Service professionals from was better at counting votes and know- is greeted with warm hello. State and USAID, trained with the military ing the limits of his negotiating flexi- I have agreed with Senator LOTT on and ready to deploy to conflict zones. bility. When TRENT LOTT told you he many issues, and I have disagreed with Second, it would establish a roster of 2,000 could produce the votes for a proffered him on many as well, but in each sce- other federal volunteers with language and compromise, he delivered. You could nario we always ended with a hand- technical skills to stand by as a ready re- count on it. shake and a good laugh. This institu- serve. Perhaps most importantly, Senator tion is losing a man who could bring Third, it would create the Civilian Reserve LOTT had an uncanny ability to per- Corps the president called for, a group of 500 people together and allow bitter en- suade and cajole people to get a deal. emies to lay down their swords. Americans from around the country with ex- He has a great sense of humor and a pertise in such areas as engineering, medi- This is a man who will be missed by seemingly unparalleled ability to de- cine and policing, to be tapped for specific many and I wish Senator LOTT the best velop friendships and relationships deployments. The corps could be deployed of luck as he retires from his years of with members of Congress on both globally wherever America’s interests lie, to political service. help nations emerging from civil war, for in- sides of the aisle and both ends of the stance, or to mitigate circumstances in Capitol. He always knows who the key Mr. CORKER. Mr. President, I rise failed states that endanger our security. players are, and what will bring them today to pay tribute to a distinguished If Congress acts soon, the administration to the table. These skills have pro- colleague from the great State of Mis- may be able to deploy the reconstruction duced a great record of accomplish- sissippi, Senator TRENT LOTT. corps in Iraq and Afghanistan. But future ments for Mississippi and the Nation. As a reformer, a defender and a lead- conflicts are equally important. If we are to Personally, I will miss his quick wit, er, TRENT LOTT leaves behind a legacy win the war on terrorism, we cannot allow his insights, and his friendship. As Sen- in the U.S. Senate, the fruits of which states to crumble or remain incapable of we will reap for years to come. In 1996, governing. ator LOTT prepares to leave the Senate, TRENT joined with colleagues to enact We have seen how terrorists can exploit I wish him and his wife Tricia all the countries afflicted by lawlessness and des- best. an historic welfare reform bill. He perate circumstances. The United States Mr. COBURN. Mr. President, Senator pushed for reform again when he sup- must have the right non-military structures, LOTT is true gentleman: agreeable, ported President Bush’s tax cut pack- personnel and resources in place when an good-humored and kind in nature. age early on in the administration. emergency occurs. A delay in our response When I think of TRENT LOTT, the words TRENT has never been afraid to step can mean the difference between success and consensus and congeniality come to forward in faith toward what he knows failure. mind. These words come to mind be- is right. Congress has already appropriated $50 mil- A champion for a strong national de- lion for initial funding, and an authorization cause TRENT has become one of the to expend these funds is required. The bill is greatest mediators this body has ever fense, TRENT supported the President’s widely supported on both sides of the aisle seen, his ability to bring all parties on military action in Iraq as well as in- and could be adopted quickly. an issue to the table and when the ne- creased defense spending. As a defender Yet this legislation is being blocked on the gotiations are done, each person leaves himself, TRENT understands the impor- faulty premise that the task can be accom- with a smile on their face. Senator tance of a strong military and the plished with existing personnel and organiza- LOTT’s humor and affable personality value of rewarding those who valiantly tion. In our view, that does not square with made working with him a pleasure, serve this country. In 1998, he urged either recent experience or the judgment of even when a compromise could not be Congress to raise the pay for our mili- our generals and commander in chief. found and the time for negotiating was tary men and women, an act that It would be penny-wise but pound-foolish hadn’t occurred in a decade. to continue to overburden our military with over, nobody would leave the table reconstruction duties. We urge Congress to feeling alienated, or hurt they left with As the first man to serve as the whip stand up for our troops by giving them the TRENT still a friend and eager to work in both the House and the Senate, civilian help they need. on the next solution. TRENT could not have accomplished

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15989 any of the aforementioned achieve- this body by the Senator from Mis- Mr. BENNETT. I concur with Senator ments and many others without his in- sissippi: education reform, defense KOHL, the subcommittee chairman, in nate ability to lead. Leadership is not spending, trade legislation, the ratifi- this action. easy. The weight of good leadership is cation of NATO expansion, the creation f often a difficult load to bear, but of the Department of Homeland Secu- TRADE ADJUSTMENT ASSISTANCE TRENT LOTT upheld his roles as sen- rity, and much more. But even as he ator, majority leader and whip with an worked on matters of national and Mr. BAUCUS. Mr. President, today, admirable level of dignity and integ- international import, he always had we face a major setback to the effort to rity throughout his tenure. time for the people of Mississippi: he advance American exports and freer As a new Senator, I have been helped expand his state’s highway sys- international trade. Some on the other touched by TRENT’s candor, patience, tem, brought research funding to its side of the aisle are threatening to kill unique charm, and by observing the universities, and dedicated himself to trade adjustment assistance, or TAA. tremendous relationship he has with Mississippi’s economic recovery in the Trade adjustment assistance provides his wife Tricia. Professionally, I have wake of Hurricane Katrina. Indeed, the training, health, and income benefits benefited greatly from his knowledge challenged posed by that destructive to trade-displaced workers. It has been and experience about how to effec- storm convinced TRENT to put off re- integral to America’s trade policy tively make a difference in the U.S. tirement until this year; and I am sure since 1962. That is when President Ken- Senate. He is a gifted negotiator, and that the people of his state are grateful nedy first created the program. his strong leadership will be greatly for the time he could lend to their re- TAA has helped America’s workers to missed. For more than three decades, covery efforts. improve their competitiveness. It has Senator LOTT has been a great public In his memoirs, TRENT compared helped workers to retrain and retool. servant to the people of Mississippi in leading the Senate to ‘‘herding cats.’’ And it has provided Americans the se- Congress. I extend my best wishes to But today, at least, the members of curity of knowing that the government TRENT and Tricia as they begin the this most difficult body have found will help them if trade causes a dis- next phase of their lives together. some unanimity: We are united in our placement. ∑ Mr. DODD. Mr. President, I rise to affection for TRENT LOTT and in our Trade adjustment assistance has wish farewell to an honored colleague sadness at his departure. We will miss been vital to my home State of Mon- and a good friend: Senator TRENT LOTT. his legislative talent, his rich baritone, tana. Since the last TAA reauthoriza- TRENT served in Congress for 34 years, his taste in seersucker suits, and his tion in 2002, more than 1,500 Montanans and has represented the State of Mis- fine head of hair. But we trust that he have participated in the TAA program. sissippi in the Senate for 18; during and his dear wife Tricia have many It has helped workers especially in the that time, he distinguished himself as happy years ahead, and we wish them lumber industry to retrain and re-enter both a dedicated and effective party all the best.∑ the workforce. leader, and a symbol of bipartisan com- f In May, one particular Montanan, promise. Few Senators play both roles Jerry Ann Ross of Eureka, testified EXPLANATORY STATEMENT TO so well. about trade adjustment assistance be- Those who know TRENT often de- ACCOMPANY H.R. 2664 fore the Senate Finance Committee. scribe his personal charisma and his Ms. CANTWELL. Mr. President, the Jerry’s story is like that of many Mon- natural leadership abilities. Those explanatory statement to accompany tanans who have been laid off from abilities have been on display for dec- H.R. 2764, which includes the Omnibus American lumber mills. ades, manifesting themselves as early Appropriations Act for fiscal year 2008, Jerry worked at a lumber mill for 13 as his college days at Ole Miss, where inadvertently omitted the following years. But then in 2005, she lost her job. TRENT was a fraternity president, a items for which I had made a request That is when she became eligible for cheerleader, and a well-known presence to the Agriculture, Rural Development, trade adjustment assistance. With on campus. TRENT brought his budding Food and Drug Administration and Re- TAA’s help, Jerry entered a training political skills to Washington, where lated Agencies Subcommittee and for program at Flathead Valley Commu- he served as a staffer on Capitol Hill which I had submitted the appropriate nity College. She expects to graduate before he was elected to Congress him- letter of pecuniary interest. Those this month. self, in the first of a long series of wide- items are: under the Cooperative State With TAA’s help, Jerry has updated margin victories. Research, Education, and Extension her skills. She has made herself more From 1973 to 1988, TRENT represented Service Special Research Grants ac- competitive in the workforce as a con- Mississippi’s conservative 5th District, count, the Pacific Northwest Small struction superintendent and an ac- serving on the House Judiciary Com- Fruit Research Center for Idaho, Or- countant. Jerry’s is one of many TAA mittee during the Watergate scandal, egon and Washington, operated in co- success stories around the country. as well as in the Republican leadership. operation with Washington State Uni- At the Finance Committee hearing, As Republican whip, he helped build versity, which was awarded $329,000; we also learned that the current trade broad coalitions to pass important do- under the Agriculture Research Service adjustment assistance is not perfect. It mestic and national security legisla- Salaries & Expenses account, the Po- needs to be updated. We need to im- tion. tato Research Enhancement Project in prove it to reflect today’s globalized In 1988, TRENT was elected to the Prosser, WA, co-located with the Irri- economy. Senate by eight percentage points over gated Agriculture Research and Exten- That is why in July, along with Sen- his opponent and never again faced a sion Center of Washington State Uni- ator OLYMPIA SNOWE, I introduced the close race, winning reelection over- versity, which was awarded $288,000 and Trade and Globalization Adjustment whelmingly in 1994, 2000, and 2006. His under the Animal and Plant Health In- Assistance Act. Our bill would correct skill at negotiation made him a Senate spection Service account, the Wash- the flaws of today’s program. natural, and his party entrusted him ington Clean Plant Network which was Our bill would extend TAA benefits with its highest leadership responsibil- awarded $225,000. All three of these to service workers. Service workers ac- ities: majority whip in 1995; majority projects are essential to the ongoing count for four out of five jobs in our leader in 1996; and, in a widely re- development of my home state’s vital economy. Our bill would extend TAA marked-upon comeback, whip again agriculture industry. I thank Chairman benefits to workers whose companies just last year. KOHL and Ranking Member BENNETT outsource to China, India, and other Newt Gingrich called TRENT ‘‘the for their work to correct the record countries with which America does not smartest legislative politician I’ve ever with respect to these three projects. have a free-trade agreement. Our bill met.’’ And though I often disagreed on Mr. KOHL. I thank the Senator from would increase training funds for the issues with TRENT, not to mention Washington. I have reviewed her re- States. It would make sure that States Newt, I just as often admired his acu- quests to our subcommittee and she is have enough money to retrain workers. men. I couldn’t begin to list the impor- correct. The record should reflect her And our bill would increase the portion tant legislation shepherded through requests. of the health care tax credit that the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15990 CONGRESSIONAL RECORD — SENATE December 19, 2007 Government provides to ensure that have all seen enough evidence in the last time the CPSC was reauthorized trade-displaced workers have access to press and on our retailers’ shelves to was in 1990 for only a 2-year period. health care coverage while they are re- know that reform is needed. Senators During the 17 years between the last training. INOUYE, DURBIN, KLOBUCHAR, BILL NEL- authorization and now, the CPSC has The House passed similar legislation SON, BROWN, SCHUMER, MENENDEZ, withered on the vine, a victim of in November. But the Senate has not CASEY, and HARKIN have all joined me underfunding and understaffing. I be- yet completed the job. That is why a 3- in this historic effort, and their con- lieve the systemic problems that have month extension of trade adjustment tributions to the bill have been enor- surfaced over these 17 years dem- assistance is critical. It would keep the mous. The Senate Commerce Com- onstrate the need for looking forward current program going. It would pro- mittee reported S. 2045 in October by to the future as we debate reauthoriza- vide time for Congress to complete its voice vote. Since that time, we have tion. work on reauthorizing the program. been working in a bipartisan fashion to The Senate bill also gives greater au- Last week, the House passed a 3- move our legislation out of the Senate thority to State attorneys general to month extension of the TAA program. and to provide these protections for the assist the CPSC in their consumer The House bill is fully offset. It is non- American public. product enforcement efforts. While controversial. That bill should have As many of you are aware, the House H.R. 4040 only provides State attorneys passed easily in the Senate. But in- of Representatives is scheduled to con- general with a very limited role in pro- stead, some on the other side of the sider their version of CPSC reform tecting consumers, S. 2045 ensures that aisle have chosen to hold it up. Their today. I applaud the House for getting these officials can act as real cops on dispute is over an unrelated issue. As a involved in this very important issue the beat, looking out for consumers consequence, some on the other side of and was pleased to see that many of and restoring confidence in the mar- the aisle are close to allowing trade ad- the ideas we developed in S. 2045 were ketplace by enforcing the provisions of justment assistance to expire. incorporated into the House bill. I be- the entire Consumer Product Safety TAA expiration would send a horrible lieve this effort is a very important Act, not limited sections. message to America’s workers, espe- first step to reauthorize this agency S. 2045 also furthers the mission of cially those who depend on trade ad- and provide it with some of the tools the CPSC by placing more information justment assistance. TAA expiration necessary to work more diligently on about dangerous products in the hands would also send a terrible message behalf of the American consumer. This of families when the dangers become about the 2008 trade agenda. If the Sen- is a goal that I share with all cospon- known instead of allowing manufactur- ate cannot pass a 3-month extension of sors of my bill, many of my colleagues ers to bog down the disclosure of infor- trade adjustment assistance, I am not in the Senate, and my counterparts in mation through lengthy court battles. sure what the Congress can do on trade the House. While the House bill is a S. 2045 will allow parents to make edu- next year. good step, I believe S. 2045 contains cated and cautious decisions about the Reauthorization and modernization many additional reforms critical to im- products they are placing in their of trade adjustment assistance is my proving our consumer product safety homes. While the House bill only seeks No. 1 trade priority for 2008. It is the laws. I also believe the Senate now to clarify the existing statute in this right thing to do. American workers stands poised to build upon the actions respect, the Senate bill can actually deserve no less. of the House and provide even greater place real and timely information in Unless Congress passes a robust TAA assurances to the American public. the hands of consumers. I believe such bill next year, I don’t see how we can Though I would have preferred to ac- a result can only enhance the security move pending trade agreements. trade complish this task this year—and we and well-being of our fellow Americans. adjustment assistance has to come have worked very hard to make this a One very important difference be- first. reality—it seems the timing of the rest tween the House and Senate version of So, Mr. President, I call on my col- of the week simply makes this task this legislation is the standards set for leagues on the other side of the aisle nearly impossible. I would say to my testing children’s toys. H.R. 4040 asks who are holding up this modest exten- colleagues in the Senate that we are the CPSC to decide if current vol- sion of trade adjustment to think very close to achieving bipartisan com- untary standards are feasible for manu- again. I call on them to allow this use- promise to allow this bill to go forward facturers’ testing procedures and ful program to continue, and I call on early next year. I have expressed to the whether they should be adopted. It is them to step back from what could be majority leader my desire to continue very obvious to me, as well as millions a major setback to American exports to move forward with S. 2045, and I of moms, dads, and grandparents and freer international trade. hope to secure time for floor consider- around the country that testing re- f ation at the earliest possible time quirements must be elevated. S. 2045 when Congress returns in January. would make these voluntary standards CONSUMER PRODUCT SAFETY Consumer product safety is too impor- mandatory for testing and safety. Mr. PRYOR. Mr. President, I wish to tant to the American people to not Furthermore, S. 2045 adds real teeth speak on an issue that is extremely im- give them our very best effort, and I to the enforcement capabilities of the portant to families all across the coun- believe the Senate needs time to con- CPSC. Though I applaud the House for try—consumer product safety. I have sider this legislation on the Senate increasing civil penalties to which a vi- spent the past year working with sev- floor. olator may be subject to $10 million, I eral of my colleagues to reform and re- I would like to take a moment to do not believe this level is sufficient to invigorate the agency charged with highlight some areas of concern that I deter bad actors. Placing dangerous protecting consumers from unsafe have with the House legislation where products in the hands of American con- products, the Consumer Product Safety the Senate legislation provides greater sumers must not be the cost of doing Commission, CPSC. These efforts have protection, areas that I hope to im- business. S. 2045 increases the cap in resulted in good progress. We have re- prove upon when Congress returns next civil penalties to $100 million and stored the Commission’s ability to con- year. To begin, S. 2045 provides greater strengthens criminal penalties for duct business without a quorum, we reauthorization levels for a longer those aggravated violators that seem- have provided historic increases in length of time than H.R. 4040. While ingly show a disregard to the health CPSC’s funding, and we have passed the House seeks to reauthorize the and safety of consumers and the laws pool safety legislation to protect chil- CPSC for three years, S. 2045 reauthor- enacted by this body. H.R. 4040 does not dren from drain entrapment. izes the CPSC for 7 years. S. 2045 pro- remove the requirement that the CPSC Earlier this fall, I introduced legisla- vides over $526 million more in author- notify violators of noncompliance prior tion, S. 2045, the Consumer Product ized funding than H.R. 4040. Our legis- to seeking criminal penalties. This Safety Commission Reform Act of 2007, lation takes a long term approach to may seem minor, but this provision of to ensure the CPSC has the authority reauthorize the agency, which I believe the Consumer Product Safety Act has and tools they need to protect families brings stability to the agency in addi- hamstrung the CPSC’s ability to pur- from dangerous imported products. We tion to their enforcement efforts. The sue egregious violators to the point

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15991 where only one such violator has been I am very proud to have a strong and tember, less than 17 percent of the esti- pursued. Even the President’s Import active FEB in Honolulu that serves the mated 6 million potentially eligible Safety Working Group has rec- Federal agencies in the Pacific. overseas voters sought to participate ommended this change. To this extent, earlier this fall, I held in the 2006 elections. This concerns me Last, S. 2045 provides important pro- a hearing on the role FEBs can play in greatly. Further, of the 992,034 re- tections for employees who stand up preparing Federal communities for a quested overseas ballots in 2006, only for public safety by blowing the whistle pandemic influenza outbreak. Many 333,179 were actually counted—leaving on unsafe products or practices. These public health experts believe that we potentially more than 66 percent of whistleblower protections are ex- are overdue for a pandemic outbreak, overseas voters that wanted to vote in tremely important to catching unsafe and the question is not a matter of if, 2006 disenfranchised. products before they enter the stream but when. In this effort, I asked the In June, the GAO released a report of commerce. Employees are often on Government Accountability Office to that urged the EAC, and other Federal the front lines of consumer product evaluate the work of FEBs in preparing agencies, to better serve our UOCAVA safety, and I believe they deserve pro- their constituency for a pandemic out- voters. I believe that the EAC has an tection from retribution if they report break. What I found was a lot of dedi- opportunity to rectify this situation activities they believe to be in viola- cated individuals building partnerships now. tion of the law. H.R. 4040 does not pro- and developing procedures to prepare The fiscal year 2008 Omnibus appro- vide whistleblower protections. for a public health, natural, or man- priations bill includes $115 million that There are many other areas I could made emergency. They are doing im- will be distributed to the States so highlight where S. 2045 can provide portant work, but they are operating that they can proceed to implement more meaningful reform than H.R. without a lot of resources. the Help American Vote Act. All State 4040, but I believe these to be some of Because of their natural role in com- and local elections officials are aware the most important. I would like my municating with and coordinating Fed- of the difficulties receiving and count- colleagues to know of my commitment eral agencies, emergency preparedness ing ballots from overseas military per- for this body to consider and pass and response has become a central sonnel and citizens living abroad. The meaningful consumer product safety component to the mission and activi- Department of Defense, through the ties of FEBs. For example, the Hono- reform next year. I will continue to Federal Voting Assistance Program, lulu-Pacific FEB, which serves my work tirelessly on this legislation over continues to struggle with this prob- home State of Hawaii, is a resource for the holiday recess, and I will continue lem. emergency response plans, pandemic to work with my colleagues across the The EAC report recommends that influenza preparedness, and continuity aisle to pass bipartisan legislation. I states make a great effort to ensure of operations plans. thank them for their hard work during that obstacles to voting experienced by Similarly, the Minnesota Federal Ex- members of the service members and this process and am encouraged with ecutive Board has taken to heart the the progress we have made in just the citizens living abroad—including voter need for better coordination with registration, ballot receipt, and ballot past few days. State, local, and private partners in Finally, I would like to thank the co- return—should be reduced, minimized, the event of a pandemic or other emer- or eliminated. To this end, several sponsors of this legislation for their gency, and it has organized a number States intend to use HAVA funds to leadership and persistence on consumer of emergency training exercises that implement plans that will allow them product safety. This has certainly been bring together these partners. a team effort, and I look forward to Unfortunately, not all FEBs have the to better serve these severely continuing to work with them to re- resources or support to be so active. At disenfranchised voters. For these rea- solve this matter when we return. the hearing earlier this fall, the rep- sons, I urge the EAC to clearly notify interested States that HAVA funds are f resentatives from the FEBs testified to the instability of their funding and the available to facilitate the voting proc- FEDERAL EXECUTIVE BOARDS difficulty in planning events without a ess for UOCAVA voters. I further urge the EAC to distribute 2008 HAVA fund- Mr. AKAKA. Mr. President, I wish to known budget. The Executive Directors make do with what they are given, but ing to those States as soon as possible, recognize the accomplishments and so that UOCAVA voters do not remain good work of the Federal Executive often that is not much. The Office of Personnel Management disenfranchised for the 2008 elections. Boards, FEBs, across the country. oversees the FEBs and has been work- f FEBs bring together Federal agencies ing with the Federal Emergency Man- outside of the Washington, DC metro- TIM JOHNSON INPATIENT REHA- agement Agency to develop a strategic politan area to better serve the com- BILITATION PRESERVATION ACT plan that would address funding, per- munity. formance standards, and provide guid- Mr. NELSON of Nebraska. Mr. Presi- Federal Executive Boards were estab- ance to FEBs on their role in the event dent, I rise today to honor a dear friend lished in 10 major regions across the of an emergency. OPM is hoping to and fellow Midwesterner who is close country by President John Kennedy in produce the plan early next year, and I to each of us, South Dakota Senator 1961 as a way for Federal agencies out- anxiously await its release. The more TIM JOHNSON. After suffering a rare side of Washington to communicate support we can provide them, the more brain hemorrhage last year, Senator with each other and address local effective our federal agencies will be. JOHNSON had a tall mountain to climb issues affecting the Federal employee I would like to commend the work in his recovery. He worked hard and community. Since then, they have being done by FEBs, especially the followed a rigorous rehabilitation regi- grown to include 28 metropolitan areas Honolulu-Pacific FEB, and I will con- men. The results are obvious. He has and serve hundreds of thousands of tinue to support their efforts to build a had an outstanding recovery—due in Federal employees. strong Federal community. large part to his intense determination The boards are made up of senior offi- to get better, the support of his family f cials from each Federal agency in a and friends, and the quality rehabilita- given geographic region. They are ABSENTEE VOTING tion care that he received—and con- quasi-agencies that receive voluntary Mr. BAYH. Mr. President, I wish to tinues to receive. Senator JOHNSON was funding from local Federal agencies in speak about the importance of count- able to return to the Senate earlier the region. They operate with a lean ing the votes of military personnel and this year. It is a great honor to serve structure of one or two staff members American citizens living abroad. These with Senator JOHNSON, and we are all who create partnerships between the votes—defined as Uniformed and Over- grateful to have him back. Federal, State, and local governments seas Citizens Absentee Voting Act As many know, we recognized Sen- to achieve common goals. FEBs also votes, UOCAVA—are consistently ne- ator JOHNSON’s outstanding recovery offer training workshops, coordinate glected. by renaming S. 543, legislation aimed preparedness exercises, and dissemi- According to an Elections Assistance at preserving access to rehabilitation nate information on office closures. Commission, EAC, report issued in Sep- hospitals the ‘‘Tim Johnson Inpatient

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15992 CONGRESSIONAL RECORD — SENATE December 19, 2007 Rehabilitation Preservation Act of PREVENTION THROUGH Improvement Act without further 2007.’’ This legislation aimed to block AFFORDABLE ACCESS ACT delay. implementation of a bureaucratic rule Mr. KENNEDY. Mr. President, since I urge the President to sign this vital legislation, introduced 11 months ago, change that severely limits seniors’ ac- January, safety net clinics that pro- without delay so that we can protect cess to rehabilitation hospitals. Sen- vide basic health care services to the dedicated judges, and other per- ator JOHNSON’s recovery through reha- women have been in a financial crisis. sonnel who serve as part of our Na- bilitation treatment is an inspiration This happened because a provision in tion’s justice system. The security of to many who have suffered from simi- the Deficit Reduction Act of 2005 has our Federal judges and our courthouses lar conditions and other brain injuries. inadvertently prohibited drug compa- around the Nation is at stake. The care that he received from his nies from providing the deep discounts team at the National Rehabilitation to them on contraceptives. All year, f Hospital was outstanding and their hundreds of family planning clinics, THE TREE ACT service was critical to his return to the university health centers and other Mrs. LINCOLN. Mr. President, I Senate. I believe that it is crucial that safety net clinics have been unable to we preserve access to similar rehabili- would like to engage in a colloquy with provide affordable contraception to the leadership of the Senate Finance tative care for many of America’s sen- their low-income constituency. Prices ior citizens. Committee regarding the timber tax have skyrocketed in some instances provisions that are commonly referred Four years ago, the Centers for Medi- from $5 a pack to $50 a pack. Already to as the ‘‘TREE Act.’’ These provi- care & Medicaid Services promulgated some colleges, including those in my sions were included in the tax title of a new rule that would severely limit home State of Massachusetts, have had the Energy bill, which, regrettably, the types of rehabilitation treatments to stop offering contraceptives. This was deleted from the bill that the Sen- available to Medicare patients. The crisis affects an estimated 3 million ate passed last week. On a brighter rule known as the ‘‘75 percent rule’’ college women, and hundreds of thou- note, they have been included in the would require rehab hospitals to ensure sands of low-income women who are tax title of the farm bill, which passed a certain percentage of patients fall finding birth control priced out of the Senate last week. into one of 13 specific diagnoses. That reach. As a matter of tax policy, enactment percentage was set to increase to 75 The Prevention Through Affordable of the TREE Act is extremely impor- percent—forcing rehab hospitals to Access Act is a no-cost, technical fix tant. It reforms the rules that apply to turn away patients and limit rehab that will restore nominal prices to both corporations and individuals who services in their community. I know these entities, and in turn ensure that own timber, thereby improving the firsthand how harmful this can be, as university students and low-income international competitiveness of the my own mother faced inadequate care women once again have access to af- U.S. timber industry. before finally receiving the rehabilita- fordable birth control. It will not cost Enactment of the TREE Act also is tion services she desperately needed. the Federal Government a dime—but it time-sensitive. timber companies that The 75 percent rule was set to close will be invaluable to women’s health. continue to be organized as corpora- the doors of rehabilitation hospitals Thirty Senators have demonstrated tions are under intensifying pressure to and push seniors away from the care their support for this fix S. 2347. Con- reorganize. In that case, a corporation they desperately needed. As many of gress must act now to ensure that this that owns substantial manufacturing you know, I have been working with a problem is fixed this year and a con- facilities would be forced to sell some number of my colleagues on an inpa- tinuing crisis is averted. Women have of those facilities, and to make other tient rehabilitation Medicare fix for waited long enough. I urge passage of structural changes, in order to comply the last several Congresses. this important bill. with the relevant tax rules that it would newly become subject to. This Yesterday, the Senate passed the f Medicare, Medicaid, and SCHIP Exten- would be likely to cause disruptions in sion Act of 2007, which included our COURT SECURITY IMPROVEMENT some of the affected communities, and provision to freeze the 75 percent rule ACT also would make it harder for U.S. companies to compete internationally. compliance threshold permanently at Mr. LEAHY. Mr. President, earlier To forestall these adverse con- 60 percent, ensuring rehabilitation hos- this week, the Senate passed a com- sequences, Congress must act quickly. pitals have the flexibility to serve a va- promise version of the Court Security riety of patients who desperately need Accordingly, I am pleased that the Improvement Act of 2007. It took sev- Senate has enacted the TREE Act as quality rehabilitation treatment to re- eral months to negotiate the minor dif- store their physical function and re- part of the farm bill, and I believe that ferences between the House and the it is critical for Congress to enact a turn home to their families and daily Senate bills, simply because we were lives. new farm bill, including the TREE Act, not allowed to go to conference. Then early next year. I would like to ask the Without our Nation’s rehabilitation we had to work for over a month to re- chairman and ranking members of the capacity, other Americans may not move a hold placed on the legislation. Finance Committee whether they share have access to the same kind of care When it finally passed the Senate on this view. that brought my close friend back to Monday night, we expected that the Mr. SMITH. Mr. President, I join my the Senate. House of Representatives would pass it colleague, the senior Senator from Ar- I want to offer special thanks to Sen- without delay. Unfortunately, one of kansas, in supporting the need to enact ator JOHNSON for lending his name to the compromise provisions triggered a the timber tax provisions—also known our efforts and putting a familiar face problem that would have prevented as the Timber Revitalization and Eco- on the importance of rehabilitation passage in the House. nomic Enhancement Act, TREE Act— care. I also want to thank Senators We corrected that problem late last in a timely manner. BAUCUS and GRASSLEY, chairman and night with an enrolling resolution that This tax policy is as important to Or- ranking member of the Finance Com- strikes the provision of section 502 that egon as it is to other timber-growing mittee, as well as Senators BUNNING, caused a budgetary problem. Fortu- regions of the United States. The forest STABENOW, SNOWE, KERRY, SCHUMER, nately, we were able to maintain the products industry is a cornerstone of and each of the 60 cosponsors of the important provision of life insurance Oregon’s economy and culture. Oregon Tim Johnson Inpatient Rehabilitation benefits for our dedicated magistrate is home to more than 9.5 million acres Preservation Act of 2007. Their support judges. of privately owned forests and more was critical in pushing for a permanent I appreciate the work of Senators than 75,000 people earn their living fix to the 75 percent rule and provided SPECTER and KYL to make sure that we working for the forest products indus- those Americans who need rehabilita- were able to pass this resolution late try. In fact, Oregon is the No. 1 pro- tion treatment with a gift this holiday last night and I look forward to the ducer of lumber in the United States. season—access to quality treatment House of Representatives passing both While disappointed that the TREE and the hope for recovery. the resolution and the Court Security Act was a part of the tax title removed

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15993 from the version of the energy bill Hundreds of others fell to their deaths of small towns to our country, as well passed by the Senate, I am pleased the this past month at the hands of some- as the congratulating residents of Senate was able to include the TREE one with a firearm. This month caps a Watersmeet, MI, as their town is show- Act provisions in the farm bill passed year that witnessed the worst ever cased in the documentary ‘‘Nimrod Na- last week. school shooting in the United States, tion.’’ It is crucial for Congress to enact when a student killed 32 classmates f early next year the TREE Act. I will and staff members at Virginia Tech TRIBUTE TO RICHARD A. work with my colleagues to see the University. Each one of these horrific LAUDERBAUGH TREE Act enacted in early 2008. It events emphasizes the need for com- matters to all who grow trees—compa- mon sense gun legislation. Together Mr. CARDIN. Mr. President, it is nies of all sizes and small tree farmers they scream out for change. As 2007 with sadness that I announce the death as well. draws to a close I once again urge my of Richard A. Lauderbaugh, a distin- Mr. BAUCUS. I appreciate Senators colleagues to help put an end to these guished and admired former legislative LINCOLN’s and SMITH’s leadership on kind of tragedies by renewing the as- counsel and counsel to the Senate Fi- this issue and I share their view. Al- sault weapons ban. nance Committee, on December 3, 2007. though I had concerns about a some- f Mr. Lauderbaugh was a recognized what similar provision that was consid- health policy expert with particular ex- ered in 2006, the fact that that there is ‘‘NIMROD NATION’’ pertise in Medicare and Medicaid. He now a consensus in support of the Mr. LEVIN. Mr. President, the served with distinction on the staff of TREE Act in the U.S. forest products Sundance Channel recently aired a doc- the Finance Committee under the industry, and that modifications have umentary entitled ‘‘Nimrod Nation.’’ chairmanship of Senator Lloyd Bent- been made, have led me to support the This eight-part series explores the sen from 1989 until 1992. During this pe- TREE Act, and to work to include it in world of small-town American life riod, he was closely involved in the de- both the tax title of the Energy bill through the lens of the town of velopment of Medicare legislation that and the tax title of the farm bill. I un- Watersmeet, MI, and their local high established a fee schedule for physician derstand the time constraints, and school basketball team. services and measures to prevent pro- pledge to work with the Senator from Small towns have always been an im- gram fraud and abuse. Arkansas and the Senator from Or- portant part of our country’s cultural Mr. Lauderbaugh, a native of Pitts- egon, other interested Senators, and heritage. The communities and institu- burgh, PA, moved to Washington in with the leaders of the House Ways and tions that make up small towns are an 1981 after earning his bachelor’s degree Means Committee to see that the essential and enduring aspect of the po- from the University of Rochester, a law TREE Act is enacted as part of the litical, economic and social fabric of degree from the Columbia University farm bill or other appropriate vehicle our nation. Nearly one quarter of all School of Law, and a Ph.D. in history early in 2008. Americans live in rural areas, approxi- from Washington University in St. Mr. GRASSLEY. I agree. I have sup- mately the same percentage as live in Louis. He was appointed associate ported the enactment of the TREE Act central cities. counsel in the Office of the Legislative for several years, and will work to see With only 1,400 residents, Waters- Counsel of the Senate, where his exper- it enacted early in 2008. meet is a rural town in Michigan’s tise in legislative drafting and his f Upper Peninsula. The town is sur- grasp of complex policy issues were in- rounded by the Ottawa National Forest valuable. RENEWING THE ASSAULT and the Cisco Chain of Lakes. It is lo- Mr. Lauderbaugh also served 2 years WEAPONS BAN cated in a region with a high con- as Washington counsel for the Amer- Mr. LEVIN. Mr. President, the past centration of Nordic descendants and ican Hospital Association, where he month has been marked by several Native Americans. In an area with not provided legal and policy advice on a high profile, tragic shootings. Across a single movie theater, the residents variety of issues including health care the country, Americans have been at- turn to, among other things, pastimes reform and hospital payment policies tacked in places once thought safe, by such as hunting, fishing, and cheering under the Medicare and Medicaid Pro- people wielding deadly firearms. There on their local athletic teams. grams. In 1992, he joined Health Policy can be little doubt that the plague of Director Brett Morgen traveled to Alternatives, a Washington-based pol- gun violence is continuing to permeate Watersmeet in 2004 to film three com- icy consulting firm specializing in our society. At what point will we say mercials for an ESPN promotional Medicare and Medicaid policy and leg- act. campaign. There he discovered the islation, as a principal. In this posi- Early Sunday morning December 9, a Watersmeet Nimrods basketball team. tion, he worked closely with a wide young man entered a Christian mis- The nickname came from the Biblical range of clients including health facil- sionary center in the Denver suburb of king Nimrod, a mighty hunter, fisher- ity and professional associations, man- Arvada, carrying an assault rifle and man and outdoorsman. The commer- ufacturers, consumer advocacy groups, approximately 1,000 rounds of ammuni- cials highlighted the team’s unusual and private foundations. On a number tion. Shooting randomly, he gunned name, and they sold close to $550,000 of occasions, he worked with my staff down two staff members in their mid- worth of Nimrod-brand merchandise as in the preparation of a bill to ensure 20s and wounded two others. Just over a result of this publicity. Mr. Morgen access to emergency medical services. 12 hours later, the same gunman later returned to Watersmeet to docu- His work on a variety of policy issues walked into a church 75 miles away in ment the Nimrod’s 2005–6 basketball contributed to the introduction and Colorado Springs and killed two sis- season while creating a series about passage of many health care bills in ters, 18 and 16 years-old, and wounded the rural town. the House and the Senate. six others, before shooting himself. ‘‘Nimrod Nation’’ uncovers one of the Throughout his 26-year career, Mr. Four days earlier, on December 5, a many diverse cultures we have in Lauderbaugh was widely recognized for young man entered a busy mall in Michigan. The residents of Watersmeet his expertise in drafting Federal legis- Omaha, NE, carrying an assault rifle. have expressed enthusiasm about the lation, for his extensive knowledge of Spraying bullets at people at both series. It explores the making of head the history of Medicare and Medicaid, point blank range and from the third- cheese, talks with the town’s older citi- and his creative skill in designing pub- floor balcony, sending holiday shoppers zens at a local cafe, and covers the lic policies. More important, he was a running as dozens of shots echoed community’s passion for the Nimrod gentleman who patiently helped the ex- throughout the mall. Before he turned basketball team. These events are perienced or novice staffer or client the gun on himself, the gunman had woven together to create a portrait of navigate the complex world of health killed eight people and wounded five what life in the Upper Peninsula is all policy. His dedication to the highest others, two critically. about. professional standards and his loyalty Of course, these were only the shoot- I know my colleagues in the Senate to friends and family were hallmarks of ings that captured national headlines. join me in recognizing the importance his distinguished career.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15994 CONGRESSIONAL RECORD — SENATE December 19, 2007 Mr. President, I ask my colleagues to chief detective probing a mystery that would ‘‘I was very, very heavily influenced by the join me in expressing our deepest sym- encircle the world. Before AIDS even had a classics and philosophy, which I think had pathy to Mr. Lauderbaugh’s sister name, he made the ‘‘fateful decision,’’ he an important part in my ultimate interest in Paula Bradley and her husband Wil- said, to make it the focus of his research. global issues and public service,’’ he said. ‘‘I ‘‘It was a matter of destiny, I think, but by was interested in broader issues.’’ I always liam, of Albuquerque, NM. We are circumstance alone I had been trained in the tried to look at things at 40,000 feet as well grateful for his service to the Senate very disciplines that encompassed this as down in the trenches.’’ and for his many contributions to pub- brand-new bizarre disease,’’ he said. ‘‘This ENCOUNTER WITH ACT UP lic policy. was in my mind something that was going to be historic.’’ One of the most dramatic episodes during f He and his researchers would make break- Fauci’s tenure at NIH occurred in 1989, when TRIBUTE TO ANTHONY FAUCI throughs in understanding how HIV, the angry ACT UP demonstrators swarmed his human immunodeficiency virus, destroys the building, demanding to be heard. Mr. LEAHY. Mr. President, today I body’s immune system. Years ago, he as- Fauci, like many top government officials, would like to take a moment to recog- sumed a public role, calmly explaining the was accused of not doing enough to fight nize Dr. Anthony Facui, Director of the latest health scares on talk shows such as AIDS. The tactics were attention-getting: National Institutes of Allergy and In- ‘‘Face the Nation.’’ Through four presi- smoke bombs, staged ‘‘die-ins,’’ chalk bodies fectious Diseases, NIAID, for his nu- dential administrations, he has led efforts drawn on sidewalks. merous contributions in medical re- that resulted in Congress dramatically in- ‘‘He was public enemy number one for a number of years,’’ said writer and activist search and specifically his work on creasing funding to fight AIDS. Today, as Fauci helps direct the presi- Larry Kramer, who led the charge. ‘‘I called HIV/AIDS, avian flu and anthrax. Even dent’s emergency plan for AIDS relief in Af- him that in print. I called him very strong, in a city such as Washington, which is rica and elsewhere, he also is leading the hateful things.... But Tony was smart filled with driven and motivated peo- fight against such infectious diseases as an- enough to sit down and talk with us.’’ ple, Dr. Fauci is a cut above. As Direc- thrax and tuberculosis. In his $250,000-a-year Fauci read the leaflets the group distrib- tor of NIAID, he has worked tirelessly position, he oversees 1,700 employees and a uted and others threw away. ‘‘If you put it in to lead the fight against AIDS and has $4.4 billion annual budget. the context of they were human beings who been instrumental in shaping our un- ‘‘Fauci doesn’t sleep,’’ said Gregory K. were afraid of dying and afraid of getting in- Folkers, his chief of staff. ‘‘He’s the hardest- fected and forget the theater, they really did derstanding of how this disease works. working person you’ll ever encounter.’’ have a point,’’ he said. I am proud to have worked with Dr. The doctor’s curriculum vitae supports When police officers moved to arrest the Fauci and would like to take this op- that assertion. The bibliography alone is 86 protesters, Fauci stopped them. He invited a portunity to submit the following arti- pages, listing 1,118 articles and papers he has small group to his office to talk. cle recounting the remarkable work written or contributed to. (An example: ‘‘The ‘‘He opened the door for us and let us in, and career of Dr. Fauci for the RECORD. Role of Monocyte/Macrophages and and I called him a hero for that,’’ Kramer There being no objection, the mate- Cytokines in the Pathogenesis of HIV Infec- said in a telephone interview. ‘‘He let my rial was ordered to be printed in the tion,’’ published in ‘‘Pathobiology’’ in 1992.) people become members of his committees He has given more than 2,000 speeches, re- and boards, and he welcomed us at the table. RECORD, as follows: hearsing with a stopwatch to whittle down You have to understand that he got a lot of [From the Washington Post, Sept. 28, 2007] his remarks. He has received 31 honorary flak for that.’’ THE HONORED DOCTOR doctoral degrees. It was worth it, Fauci said. ‘‘That was, I Vacations are seldom on the agenda. Often, (By Sue Anne Pressley Montes) think, one of the better things that I’ve his wife and three daughters accompany him done.’’ Routinely, his gray Toyota hybrid is to events. This summer, it was the Inter- DOCTOR AS FAMILY MAN parked from 6:30 a.m. until late at night out- national AIDS conference in Sydney. But he side Building 31 at the National Institutes of is seldom found sitting by the pool behind Christine Grady still laughs when she re- Health in Bethesda. Sometimes his col- his Northwest Washington home. And retire- calls her first meeting in 1983 with the fa- leagues leave notes on the windshield that ment, he said firmly, is ‘‘not on the radar mous Dr. Fauci. An AIDS nurse who had re- say things like, ‘‘Go home. You’re making screen.’’ cently joined the NIH after working in me feel guilty.’’ Brazil, she was summoned to interpret for a EXCEPTIONAL CHILD But Anthony S. Fauci has made a career of Brazilian patient who wanted to go home. long hours, exhaustive research and helping He learned to question early. Grady was dismayed when the patient re- the public understand the health dangers It didn’t make sense to him when the nuns sponded to Fauci’s detailed instructions on stalking the planet. As director for 23 years at his school said that you had to go to aftercare by saying in Portuguese that he in- of the National Institute of Allergy and In- church to get into heaven. His beloved pater- tended instead to go out and have a good fectious Diseases at NIH, his milieu is the nal grandfather, an immigrant from Sicily, time. She knew Fauci tolerated no nonsense. stuff that scares the daylights out of most spent his Sunday mornings cooking. What ‘‘He said he’ll do exactly as you say’’ is people: bioterrorism, deadly flu epidemics, about him? how she translated the patient’s remarks. ‘‘I remember going up to him one day. the enduring specter of AIDS. She thought she had been found out a cou- ‘Grandpa, why don’t you go to Mass?’ And he Fauci, who is equally at home in the lab- ple of days later when he asked her to come said: ‘Don’t worry about it. For me, doing oratory, at a patient’s bedside, at a congres- by his office. Instead of firing her, as she good is my Mass,’ ’’ Fauci said. feared, he asked her out to dinner. They were sional hearing or on a Sunday morning talk The experience made him determined to do married in May 1985. show, scarcely has time to collect all the ac- good through his work. He was 7. colades that come his way. But this has been The Faucis lived in the Bensonhurst sec- The Faucis live in a renovated 1920s home an extraordinary year. In the spring, he won tion of Brooklyn, above the family drugstore in the Wesley Heights neighborhood. Grady, the Kober Medal, one of the highest honors operated by his father, Stephen, a phar- 55, has a doctorate in philosophy and ethics bestowed by the Association of American macist. from Georgetown, and she heads the section Physicians. In July, President Bush awarded Fauci’s only sibling, Denise Scorce, recalls on human subjects research at the NIH’s De- him the National Medal of Science. And that he was a well-rounded kid who liked to partment of Clinical Bioethics. Their chil- today, he receives one of medicine’s most play ball but only after he did his homework. dren are also busy. Jenny, 21, is a senior at prestigious prizes, the $150,000 Mary Woodard ‘‘He was very normal in every way, but you Harvard University; Megan, 18, who will at- Lasker public service award, as ‘‘a world- kind of knew he was special,’’ said Scorce, 69, tend Columbia University next fall, does class investigator’’ who ‘‘has spoken elo- a retired teacher who lives in Northern Vir- community service teaching in Chicago; Al- quently on behalf of medical science,’’ ac- ginia. ‘‘Everything he did was perfect.’’ lison, 15, is on the cross-country team at Na- cording to the Lasker Foundation. Fauci won a full scholarship to Regis High tional Cathedral School. No one deserves the honors more, his asso- School, a Jesuit institution in Manhattan. ‘‘He’s a goofball,’’ said Jenny Fauci of her ciates agree. Later, he enrolled in another Jesuit school, father. ‘‘He works hard and he does his thing, ‘‘Dr. Fauci is the best of his kind,’’ said the College of the Holy Cross in Worcester, but he comes home and he’s singing opera in former U.S. surgeon general C. Everett Koop, Mass. the kitchen and dancing around.’’ 90, who has often sought Fauci’s medical ad- ‘‘The Jesuit training is wonderful. I don’t She thinks she understands what moti- vice and counts himself as a friend. think you can do any better than that,’’ he vates him. ‘‘Work is not really work for For someone else, this might be heady said. ‘‘I always quote, ‘Precision of thought, him,’’ she said. ‘‘It’s what he believes in.’’ stuff. But Tony Fauci, 66, has never strayed economy of expression.’ ’’ And so Fauci will leave for the office be- far from his down-to-earth Brooklyn roots or Although he had an aptitude for science, fore dawn and return home long after sunset. his Jesuit training, with its emphasis on he received his 1962 bachelor’s degree in It reminds him of that speech he gave this service and intellectual growth. Beginning Greek/pre-med. He took the minimum num- summer at the AIDS conference in Sydney. his career in the lab—viewed by many as a ber of science courses required for accept- ‘‘It was called ‘Much Accomplished, Much backwater of medicine—he soon became the ance at Cornell University Medical College. Left to Do,’ ’’ he said.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15995 TRIBUTE TO SHEILA ISHAM the Corcoran, and the Russian Mu- the sailboat Sean Seamour II off the Mr. WHITEHOUSE. Mr. President, I seum, and countless gallery and trav- coast of New Jersey in May. wish to pay tribute to the life and work eling exhibitions, including at the Is- On May 7, Aviation Machinery Tech- of one of our Nation’s great artists, land Arts Gallery in Newport, Rhode nician 2nd Class Higgins was part of a Sheila Isham, on her 80th birthday. Island. four-man Coast Guard HH–60 helicopter Sheila was born in New York City, 80 Sheila’s life has not been without pe- crew, including LCDR Nevada Smith, years ago today. She grew up in riods of darkness. Susan Fisher Ster- LT J.G. Aaron Nelson, and aviation Cedarhurst, just outside the city, and ling, the chief curator of the National survival technician 2nd class Drew on an 80-acre island in the St. Law- Museum for Women in the Arts, wrote: Dazzo, deployed in response to a dis- rence River in Canada, which for years ‘‘In unpredictable and often dramatic tress signal from the 44-foot sailing lacked both electricity and running ways, Sheila Isham has been chal- vessel Sean Seamour II. The vessel, on water. She graduated from Bryn Mawr lenged by forces that threatened to a recreational sailing trip from Green College in 1950 and married Heyward overwhelm her... yet, despite these Coves Spring, FL, to Portugal’s Azores Islands, had capsized amidst the hurri- Isham, an officer in the U.S. Foreign upheavals, her spirited work prevails.’’ cane-force winds of Subtropical Storm Service, and the couple moved to Ber- After a fire destroyed many works in Andrea. The three sailors aboard were lin. There began her path to becoming her Washington, DC, studio, Sheila forced to evacuate to a small raft just an artist. said: ‘‘I thought that the burnt studio before their ship was swallowed by the Sheila became the first foreigner to looked like a painting, like a myth, ocean. gain admission to the Berlin Art Acad- something you might want to take the Higgins, serving as flight mechanic, emy in the years following World War picture of. I had to come to terms with worked closely with Nelson, who pi- II. There, she studied with Hans that. I became freer in a way.’’ loted the helicopter, and Dazzo, the Uhlman, a student of abstract painter When her daughter Sandra con- team’s rescue swimmer, to execute Kasimir Malevich, and absorbed the tracted HIV/AIDS through a blood their mission. Working quickly and works of Wassily Kandinsky. transfusion, Sheila began work on the expertly, Higgins lowered Dazzo over In 1955 Heyward Isham was posted to enormous, five-painting Victoria se- and over again into the towering waves the American embassy in Moscow, and ries, which she calls ‘‘at once a celebra- to reach the sailboat crew. Once the the Ishams moved to Russia, where life tion and a working through the dark- first two sailors had been lifted to safe- became very restricted. Sheila has told est period of my life.’’ She said: ‘‘It ty, Higgins and Nelson demonstrated of having to import several years’ spans all human emotions from love to what the Coast Guard’s Summary of worth of food from outside the country, terror to hope and finally triumph and Action called ‘‘the utmost of crew co- of being watched and followed con- joy. It is an epic poem in paint, ex- ordination, teamwork and aeronautical stantly, and of being unable to meet pressed in brilliant color and strong skill’’ as they hoisted Dazzo only 30 with other artists or to draw freely. A forms.’’ The series was exhibited for feet above the water to position him 2004 profile in the St. Petersburg Times the first time in its entirety by the Na- closer to the life raft and the last sur- reported that ‘‘once, Isham was almost tional Museum of Women in the Arts in vivor. arrested by a vigilant Soviet officer 2005, 9 years after Sandra passed away. As Higgins worked to raise the final who noticed that an American was Sheila Isham’s work reflects the survivor from the ocean, he felt the drawing a building, which, according to iconic melting pot of our Nation’s his- hoist cable begin to fray with the res- Isham, turned out to be a center for tory. Though she draws inspiration cue basket still 100 feet below the heli- KGB interrogations.’’ from places as diverse as postwar Ber- copter and the rescue swimmer still in But Sheila continued her work. She lin, Russia, China, Haiti, France, and the water. Despite suffering from ex- met George Kostakis, a prominent col- New York City, her work remains haustion and the effects of saltwater lector of the Russian avant-garde, in- clearly and vibrantly American. Her inhalation, Dazzo waited to request an cluding works by Malevich, Kandinsky, art, which resides all over the world, is emergency pickup until he could see Tatlin, Popova, Goncharova, and itself an ambassador both for her cre- that the last survivor was in the air- Larionov, and she traveled through ative vision and for her country. We craft. Georgia, St. Petersburg, Yalta, Sochi, are enriched by her talent and her ac- Again demonstrating extraordinary and Tblisi to sketch and meet with quaintance. skill and teamwork in a life-or-death local artists and writers. Alexander Borovsky, head curator of situation, Higgins managed to get the After a few years back in the United contemporary art at the Russian State rescued sailor safely aboard and imme- States, Sheila and her family traveled Museum, wrote this: diately redeploy the compromised to Hong Kong, where she would live As an artist, Isham is marked by an in- hoist cable to retrieve Dazzo. In the and work for 5 years. She taught con- credible restlessness. Even the calm of an midst of an intense storm, all aboard temporary arts at the Chinese Univer- ‘‘oasis’’ created by her own hand... is only were safely returned to shore. sity, exhibited her work in China and relative. She continually explores new paths Higgins and the rest of his team suc- Japan, and studied with a master of and returns to the old. Few artists—includ- cessfully rescued the crew of the Sean classical Chinese calligraphy. ‘‘I chose ing Isham, I expect—can say precisely what Seamour II despite a punishing storm calligraphy because it seemed to me to they are seeking. Having mastered the art of that threatened their lives and the be abstract and perfect at the same return, Sheila Isham knows to whom it is lives of those they were sent to help. that she returns—to herself. Truly a rare gift As the Coast Guard’s Summary of Ac- time,’’ she said. in contemporary art. On her return to America in 1965, tion stated: Sheila began painting, exploring colors I come to the Senate floor today to High winds, treacherous seas and extreme and the nexus between Eastern and offer congratulations to Sheila on her off-shore distances created a situation that Western cultures. She would later live 80th birthday. I trust this day will be required intense operational risk manage- and travel in France, Haiti, India, and an occasion for all of us to recognize ment, exacting crew coordination, and in- her extraordinary contribution to credible skill and courage. Without the com- finally New York, where she has made plete competence, concentration, and profes- her home. American art, and anticipate the many achievements still to come. sionalism of every crewmember, this oper- Sheila Isham’s work is part of the ation could have had a disastrous outcome. permanent collections of some of f Each crewmember was essential to the life America’s most important institutions, saving rescue of three mariners. including the Corcoran Gallery of Art, TRIBUTE TO SCOTT HIGGINS The Coast Guard Commendation the Hirshhorn Museum, the Library of Mr. WHITEHOUSE. Mr. President, I Medal recognizes meritorious service Congress, the Museum of Modern Art wish to celebrate the extraordinary resulting in unusual and outstanding in New York, the Smithsonian, the Na- achievements of petty officer Scott achievement. The courage, bravery, tional Museum for Women in the Arts, Higgins of my State of Rhode Island, and skill demonstrated by Machinery and the Philadelphia Museum of Art. who today will be awarded the Coast Technician Higgins in May shows that She has been the subject of major one- Guard Commendation Medal for his ef- he is more than worthy of this great person exhibitions at the Smithsonian, forts in the heroic rescue of the crew of honor.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15996 CONGRESSIONAL RECORD — SENATE December 19, 2007 I offer my congratulations to petty before us would go on quite well, actually DONNA ANTHONY: IN MEMORIAM officer Scott Higgins and to all those better, without our presence. However, if a Mr. HARKIN. Mr. President, we have strata of the diversity of life that had been whom the Coast Guard recognizes a saying in my Senate office: Once a today. His achievements have brought created before humans were to disappear, we, and all that had been created after it, would member of the Harkin family, always a honor both to him and to his home no longer exist. In a bit of Heavenly humor member of the Harkin family. On Mon- state of Rhode Island. on Darwin’s survival of the fittest, it is actu- day, with the passing of Donna An- f ally the smallest and least physically strong thony, a longtime staffer in my Des species, like the butterflies, bees, and amoe- Moines office, we lost a very valuable ARTICLE BY RABBI MICHAEL bas, that hold the survival of the world in COHEN and dear member of our family. place. Unlike the other species of the planet, It seems like just yesterday that I Mr. LEAHY. Mr. President, I would we have the power to commit biocide if we do not protect and preserve those smaller was presenting Donna with a pin recog- like to bring to the attention of the nizing her 20 years of service to the Senate an article by Rabbi Michael forms of life. The importance of diversity is emphasized people of Iowa as a Senate employee. In Cohen who is director of special Donna’s case, that wasn’t ‘‘service to projects at the Arava Institute for En- a few chapters later, in the story of Noah, where Noah is told to bring pairs of each spe- the people of Iowa’’ in the abstract; it vironmental Studies. Rabbi Cohen re- cies onto the ark so that after the flood they was service to thousands of individual cently submitted the article entitled can replenish the earth. After the flood, God Iowans whose lives she touched in very ‘‘The Genesis of Diversity’’ to the New places a rainbow in the sky as a reminder to real, concrete ways. York Times. In this article, Rabbi never again destroy the world. It is both a Donna was one of those people who Cohen eloquently reminds us that envi- symbol and a metaphor: a single ray of light give bleeding-heart liberals a good ronmental and biological diversity is refracted through water, the basic source of name. She was always on a personal all life, produces a prism of colors. As with not simply a thought or something we mission to save the world, or at least simply sit back and observe. Rather we the Creation story, we are again reminded that the foundation of diversity is that we as many people as she could. are constant participants in the act of all come from one source. On its most pro- She was constantly taking up the diversity and as such it is our responsi- found level, this understanding should give cause of people who are down on their bility as human beings to protect our us all the awareness that we have a relation- luck, whether it was a senior citizen environment. This article serves as a ship with and are connected to the rest of getting stiffed by Medicare, an immi- reminder of the importance of pre- humanity and creation. grant family who desperately needed a serving environmental and biological Immediately following the story of Noah visa, a victim of domestic violence, you diversity during this holiday season. we read about the Tower of Babel. The whole name it. Her title may have been Mr. President, I ask unanimous con- account takes up only nine verses. The con- ‘‘caseworker supervisor,’’ but these ventional reading is that its message is one sent that Rabbi Michael M. Cohen’s ar- were not just cases to her, they were ticle entitled ‘‘The Genesis of Diver- against diversity; the babel of languages at the end of the story is understood as a pun- people—and she took each one to heart. sity’’ be printed in the CONGRESSIONAL ishment. The Israeli philosopher Yeshayahu She put the passion in compassion. RECORD. Leibowitz presents a different reading of the I remember in Catholic school being There being no objection, the mate- text. For Leibowitz, Babel represents a fas- taught that Saint Jude was the patron rial was ordered to be printed in the cist totalitarian state where the aims of the saint of lost causes. Well, I was blessed RECORD, as follows: state are valued more than the individual. In to know Saint Donna, the patron saint such a society, diverse thought and expres- THE GENESIS OF DIVERSITY of people in dire need. Saint Jude inter- sion is frowned upon. The text tells us that cedes with God. Saint Donna (By Rabbi Michael Cohen) everyone ‘‘had the same language, and the In 1968 Hanukkah and Ramadan ended on same words.’’ interceded with the Federal Govern- ment—which may be more challenging. the same date. The next day was Christmas We read in the genealogies that link the Eve. That evening, one quarter of the world’s Noah and Babel stories that the ‘‘nations She was constantly working her little population saw, for the first time, images were divided by their lands, each one with its miracles. taken by the Apollo 8 astronauts of the earth own language, according to their clans, by Donna certainly came through for from a lunar orbit. The earth, a beautifully their nations.’’ Leibowitz sees the babel of me—again and again. I long ago lost colored marble ball floating across the black languages not as a punishment but a correc- track of the number of people thanking backdrop of the universe, also looked lonely tive return to how things had been and were me for the work that Donna did. And and vulnerable. Those pictures captured the supposed to be. imagination of the world, triggering some- her personal loyalty was just extraor- thing in the consciousness of humanity that That is still our challenge today. Diversity dinary. She was always looking out for gave birth to the environmental movement is not a liberal value; it is the way of the my best interest and for ways to make and, two years later, the first Earth Day. world. We know that the environment out- me look good. To frame that moment, a shared historic side of our human lives is healthier with I remember when I was in Iowa Falls moment that would transcend all the divi- greater diversity, coral reefs and rain forests being prime examples. It is also true for hu- this past August, meeting with the eco- sions of the world, the Apollo 8 crew read nomic development group. They had from the beginning of the Bible, the first ten manity. We are better off because of the dif- ferent religions, nations, cultures, and lan- heard about the great work Donna had lines from the Book of Genesis. The opening done for Marshalltown, and they want- chapters of Genesis not only include the ac- guages that comprise the human family. The count of the creation of the earth but over Irish Potato Famine was caused because ed her to do the same for Iowa Falls. and over tell us of the importance of diver- only one variety of potato was planted. In fact, what she did in Marshalltown sity. Without diverse crops, the disease spread was typical of Donna Anthony going All of creation is called ‘‘good,’’ reminding easily on a large and deadly scale. the extra mile, going the extra 10 us of the value of the multiplicity of the In one of his State of the Union addresses, miles. She worked closely with the world that we live in. The text also teaches former President Bill Clinton said, ‘‘This Marshalltown Chamber of Commerce us, by describing everything that is created fall, at the White House, one of America’s when they started making their trips leading scientists said something we should before humans as ‘‘good,’’ that all things to Washington to lobby for assistance. have intrinsic value in and of themselves be- all remember. He said all human beings, ge- yond any value that we may place on them. netically, are 99.9 percent the same. So mod- She drove back and forth to Once humans are created, ‘‘very good’’ is the ern science affirms what ancient faith has al- Marshalltown for countless meetings adjective applied by the text. An anthropo- ways taught: the most important fact of life and served as an all-round counselor centric reading of the text would say this is is our common humanity. Therefore, we and advocate for their projects. The because the world was created for our needs, must do more than tolerate diversity—we Marshall County sheriff, Ted and once we are in place we can do what we must honor and celebrate it.’’ Kamanches—a prominent Republican— want with the world. A biocentric reading of The opening of the Bible understands di- became a big supporter of mine because the text says that ‘‘very good’’ only means versity not as a noun but as a verb; diversity of the great work Donna did for his po- that creation as described in the text was is the basic action for life as we know it on complete, and that we humans were the last this planet. Its importance is underscored by lice force, including having a Federal piece of the biological puzzle. the fact that three accounts in its opening drug task force placed in This reading is supported by the reality chapters highlight diversity as a foundation Marshalltown. that if humans were to disappear from the of the world we live in. Such an orientation Twenty years ago, Donna started out face of the earth all that had been created is essential for our survival as a species. in my Des Moines office as receptionist

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15997 and front-desk person. She kept get- they have on hard-working Americans. 1971, has been an important part of the ting calls from people on the north side With his ever-meticulous style, Pat has fabric of American communities since of Des Moines who wanted me to do helped me to delve into the important 1953. Rooted in a nonpartisan and something to stop prostitution in the issue of the ‘‘tax gap,’’ energy tax in- ‘‘hands-on’’ approach to improving area. Donna went to bat for them, and centives, tax cuts for individuals and communities and the environment, that is how she got her start in com- small businesses, and taxpayer rights. KAB forms public-private partnerships munity casework and making connec- Pat also helped me develop the idea that engage everyone in improving not tions with local law enforcement. She of extending the time period during just the physical beauty of their home- had a knack for bringing people and which Americans could make tax-ex- towns, but their economic vitality and agencies together and helping them to empt contributions to help victims of civic engagement, as well. I am proud get things done. This was the begin- the tsunami disaster in 2005. This that the state of Connecticut is home ning of a long and fruitful relationship change helped facilitate a floodgate of to the organization’s national head- not only with neighborhood groups in tax-exempt contributions for these vic- quarters in Stamford. Des Moines but with law enforcement tims. During Ray Empson’s tenure, Keep officials all across Iowa. Mr. President, I ask my colleagues to America Beautiful has grown to over Mr. President, there is an old expres- join me in thanking Pat Heck for his 570 local affiliate organizations in com- sion that we make a living by what we many years of outstanding service and munities from coast to coast. Through make, but we make a life by what we in wishing him well for the future. his leadership, and expansion of the give. For 20 years in my office, Donna f signature event, The Great American gave her all for the people of Iowa. She Cleanup, KAB and its affiliates have re- touched countless lives. And she made ADDITIONAL STATEMENTS moved millions of tons of litter from a life to be proud of. the American landscape; planted mil- I can offer no higher praise for UNIVERSITY OF WISCONSIN– lions of trees that improve our commu- Donna—or anyone else, for that mat- WHITEWATER FOOTBALL TEAM nities; conserved our natural resources ter—than that she was a good, decent, by recycling tons of raw material; im- and caring human being. I valued her ∑ Mr. FEINGOLD. Mr. President, they proved hiking, biking and nature friendship, her counsel, and her incred- often say that the third time is the trails; and most importantly, educated ibly hard work. I think I speak for all charm, and now the University of Wis- millions of Americans of all ages in of us in the Harkin Senate family in consin–Whitewater knows why. After sustainable behaviors that prevent lit- saying that we love Donna very much, UW–Whitewater’s football team came ter and reduce waste. and we are deeply grateful that she was so close to winning the NCAA Division Given all these accomplishments, I a part of our lives. III National Football Championship 2 can’t help but think of Ray Empson’s years in a row, this year they tri- f retirement in bittersweet terms. While umphed, winning the big game and be- I am certainly happy for him and wish TRIBUTE TO PATRICK G. HECK coming Division III’s reigning cham- him all the best, I can’t help but think Mr. BAUCUS. Mr. President, I want pions. Their fantastic season marked what a loss it will be for the country to honor Mr. Patrick G. Heck, who is the first Division III football cham- when he steps down. I am certain, how- retiring this month following 23 years pionship in UW–Whitewater’s history. ever, that his commitment to the envi- of dedicated Federal service. Pat has The hard work of the Warhawk foot- ronment and his dedication to improv- served the Finance Committee and all ball team culminated in a 31–21 victory ing the quality of life in America’s Americans extremely well during his over two-time defending champion communities will serve as a strong ex- eight years as tax counsel for the U.S. Mount Union College in the Amos ample to all those who know him and Senate Committee on Finance, and as Alonzo Stagg Bowl on December 15, have worked with him and will guide chief tax counsel for the past 4 years. 2007, in Salem, VA. The Warhawks the future leadership of KAB. As a college freshman, Pat began his bolted to an early 17–0 lead and beat Thank you G. Raymond Empson. congressional career as a file clerk for back the comeback attempt of Mount America is a better place because of his Congressman. Throughout his dis- Union, which had come into the game you.∑ tinguished public service career, Pat’s having won 37 contests in a row. f tireless dedication has earned the re- I commend Coach Lance Liepold for spect of his peers, family, and commu- his dedication and hard work through- TRIBUTE TO REEDSPORT’S nity. Pat commands the respect of both out his rookie season as head coach. I FAMILY RESOURCE CENTER Democratic and Republican staff also congratulate Justin Beaver on ∑ Mr. SMITH. Mr. President, during throughout the Senate. Pat is a grad- being named the championship game’s this holiday season, my thoughts are uate of the Georgetown University Law Most Outstanding Player, and the win- with the countless nonprofit organiza- Center, with an LL.M. in taxation. He ner of the Gagliardi Trophy as the best tions in my State of Oregon that pro- received his J.D. from the University of player in Division III. vide assistance to those in need. Ever Toledo College of Law, and is a grad- The continuing success of University since the days of the pioneers, when uate of American University, with de- of Wisconsin–Whitewater football has folks from miles around would gather grees in political science and econom- made the people of Wisconsin, and for community ‘‘barn raisings,’’ the ics. alumni throughout the country, very spirit of neighbor helping neighbor has Prior to joining the Finance Com- proud.∑ been an important part of the Oregon mittee staff, Pat served as assistant f story. counsel on the Select Revenue Sub- I rise today to pay tribute to the committee of the House Committee on IN HONOR OF G. RAYMOND ‘‘RAY’’ Family Resource Center in the south Ways and Means. While there, Pat was EMPSON coast community of Reedsport, which, responsible for leading hearings on ∑ Mr. LIEBERMAN. Mr. President, it over the past decade, has gained a rep- intercompany transfer pricing, Inter- is with great respect that I recognize utation as one of Oregon’s most inno- nal Revenue Service collection and en- G. Raymond ‘‘Ray’’ Empson, who for vative and successful community orga- forcement. Before that, he was an at- the past 11 years has served as presi- nizations. Jointly supported by Lower torney with the Internal Revenue Serv- dent of the national nonprofit organi- Umpqua Hospital and the Reedsport ice’s Office of Chief Counsel. zation, Keep America Beautiful, Inc., School District, the Family Resource I know the members of the Senate and has announced his well-deserved Center resulted from a community Finance Committee join me in grati- retirement effective December 31 of brainstorming meeting to identify tude for Pat’s sage advice on tax policy this year. ways to help Reedsport area families matters. His efforts have helped to Keep America Beautiful, the organi- better access services. A decade after shape the legislative agenda for tax ad- zation that many remember as the that session, the Family Resource Cen- ministration and tax reform. He cares originator of the famous ‘‘Crying In- ter averages 550 contacts a month and deeply about these issues and the effect dian’’ public service advertisement in serves as a model of how entities can

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15998 CONGRESSIONAL RECORD — SENATE December 19, 2007 work cooperatively for the betterment Through the years, however, in true able team. Years from now they may of the community, and how an entire Greek fashion, George was never con- forget the early morning and late night community can get information and tent with building on his own success practices. They may forget the summer services in a nonstigmatizing environ- alone, and, time and again, dem- training in the Montana heat and other ment. onstrated a generosity of spirit that sacrifices they have made. But they Through a series of generous grants was undeniably an ennobling force will never forget the muddy day in De- and donations, the Family Resource worldwide. His philanthropy was leg- cember of 2007 when they raised up Center has been able to supply a tre- endary. To cite just a few examples, he that trophy. mendous number of services, including contributed to the Children’s Heart As a former teacher and referee I acting as an outreach office and an in- Fund Hospital in Minneapolis, the Sur- know firsthand how important inter- formation clearinghouse for many gov- gical and Transplant Foundation, and scholastic competition can be. It takes ernment and nonprofit agencies; pro- the Cyprus Heart Association. He fund- the dedication and determination of viding space for an alternative school ed countless scholarships for less fortu- the young men and women who make a and an infant care center; offering a nate Cypriots and founded the Cyprus team. It takes the support of the com- ‘‘connections’’ program that matches Kidney Foundation. Perhaps his most munity and the alumni. And it takes up people in need of household fur- historic gesture occurred during World patient and talented coaches to lead. niture and appliances with those who War II when, at the request of British Mr. President, I also know how out- have those items to give away; spear- Prime Minister Winston Churchill, standing an institution Carroll is. I heading a school supply drive; pro- George Paraskevaides assisted in build- have always been impressed by the ac- viding mental health counseling and ing an airport runway for U.S. Allies to complishments of both the students drug and alcohol evaluation; offering use—an act which to this day is re- and the faculty and as the father of an Red Cross babysitting courses and Or- membered for its decisive courage and alumna, I will always have a special egon Child Care Basics workshops; of- lasting impact. place in my heart for Carroll.∑ fering victims’ services, including It should, therefore, come as no sur- women’s support and sexual assault prise that George Paraskevaides has f support groups, offering legal aid and been recognized globally for his im- measurable concern for his fellow man. TRIBUTE TO COLONEL JEFFERSON paralegal services, and the list goes on JOSEPH DEBLANC and on. The prestigious honors include the ∑ Mr. President, the late Oregon Gov- Order of the British Empire by Queen Mr. VITTER. Mr. President, I wish to ernor Tom McCall once said, ‘‘Heroes Elizabeth II, the Saint Marcus Medal acknowledge COL Jefferson Joseph are not giant statues framed against a from the Vatican, the St. Paul’s Medal DeBlanc, Sr., for his dedicated service red sky. They are individuals who say, by the Greek Orthodox Archbishop of to Louisiana and the United States of ‘‘This is my community and it is my North and South America, the Amer- America. I would like to take some responsibility to make it better.’’ I am ican Hellenic Educational Progressive time to make a few remarks on his ac- confident that all those who—through Association, AHEPA, Philanthropic complishments. their time, talents, and treasure—have Award, and many, many others too nu- In 1940, Colonel DeBlanc left school helped to write the remarkable 10 year merous to mention. For 91 years, in order to pursue a career in the mili- history of the Family Resource Center Greece, Cyprus, and the world were all tary. After joining the Marine flight are true heroes because they have truly blessed by the presence and good works program, he enlisted in the Naval Re- made Reedsport a better place in which of George Paraskevaides, and how pro- serve where he received elimination to live, work, and raise a family.∑ foundly fitting it was that Cyprus held flight training. He continued his illus- a State funeral in his honor earlier this trious military career in the Marines, f month. achieving the rank of captain on June TRIBUTE TO GEORGE Cyprus President Tassos 1, 1943, and transferred to the Marine PARASKEVAIDES Papadopoulos characterized George Aircraft Group 11 overseas. ∑ Ms. SNOWE. Mr. President, today I best when he described him as ‘‘a In November 1944, he returned over- wish to honor and pay tribute to model of humanism, dignity, and kind- seas for his second tour of duty. He George Paraskevaides, a world-re- ness. His name became synonymous joined the Marine Fighting Squadron nowned titan of industry, a much-be- with the ideals of philanthropy and 422 in the Marshall Islands and re- ∑ loved humanitarian, and a most es- selfless love towards our fellow man.’’ mained stationed there until May 1945, teemed philanthropist. f joining Squadron 212 in order to fight Throughout his exceptional life, TRIBUTE TO CARROLL COLLEGE in the Okinawa campaign. In his two George Paraskevaides, in word and tours of duty in the Pacific at Guadal- ∑ Mr. TESTER. Mr. President, today canal and Okinawa, he shot down nine deed, exemplified the ageless precepts I congratulate and honor the football enemy aircraft. On December 6, 1946, of ancient Greece: excellence, edu- players at Carroll College, in Helena, President Truman awarded him the Na- cation, civic engagement, and a love MT, who this past Saturday became tion’s highest decoration for valor and for mankind. And, at every turn, the National Champions of the Na- bravery, the Congressional Medal of George not only lived up to those tional Association of Intercollegiate ideals—he lived them out in a way that Athletics. The Fighting Saints de- Honor ‘‘for his conspicuous gallantry was an example and inspiration to all. feated the University of Sioux Falls 17– and intrepidity at the risk of his life Although an Athenian by birth, to–9 on a cold, rainy day in Savannah, above and beyond the call of duty.’’ George moved his family to Cyprus TN. Colonel DeBlanc received this medal where he pursued his studies and ob- Folks in my home State are getting for shooting down five enemy Zeros in tained a formal education in architec- used to celebrating championships this the Solomons. He went on to be deco- ture, and where he would form with time of year. Carroll’s historic victory rated with more than 10 medals, in- Stelios Joannou what would become this past Sunday marks the fifth time cluding the Purple Heart, the Distin- the legendary contracting and civil en- in 6 years that they have been crowned guished Flying Cross, and multiple gineering firm of Joannou & National Champions. Gold Stars. Paraskevaides—or J&P. And today, I want to extend my congratulations Colonel DeBlanc later received a J&P is one of the largest development to coach Mike Van Diest and his entire master’s degree in education. He companies in the world, employing staff, cheerleading coach Pam Jones worked with the St. Martin’s Parish more than 16,000 people and engaged in and her squad, athletic director Bruce School Board and taught physics at projects for airports, hotels, highways, Parker, Carroll College president Tom Mt. Carmel in New Iberia. After his re- homes, and sports arenas to name just Trebon, and the entire Carroll commu- tirement from the Marine Corps Re- a few. Underpinning J&P’s success is nity for bringing home the national serve in 1972, he served as a member in its hallmark attention to quality and title. multiple organizations, including the its reputation for completing projects But I mostly want to applaud the Veterans of Foreign Wars and Medal of on time and on budget. young men who make up this remark- Honor Society.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S15999 Colonel Jefferson Joseph DeBlanc, Mr. Hanrahan, one of its reading Res. 61) providing for a conditional ad- Sr., passed away on Thursday, Novem- clerks, announced that the House has journment or recess of the Senate, and ber 22, 2007. Colonel DeBlanc was the passed the following bill, without a conditional adjournment of the last living World War II Medal of Honor amendment: House of Representatives, do pass with recipient from Louisiana. Although he S. 863. An act to amend title 18, United amendments, in which it requests the did not perceive his achievement as a States Code, with respect to fraud in connec- concurrence of the Senate. fighter pilot as out of the ordinary, tion with major disaster or emergency funds. The message further announced that many Louisianans will long remember The message also announced that the the House has passed the following bill, the gallantry, bravery, and valor he ex- House has passed the following bill and without amendment: hibited throughout his life. joint resolution, in which it requests Thus, today, I am proud to rise to S. 2499. An act to amend titles XVIII, XIX, the concurrence of the Senate: and XXI of the Social Security Act to extend honor a fellow Louisianan, Colonel Jef- H.R. 1216. An act to direct the Secretary of provisions under the Medicare, Medicaid, and ferson Joseph DeBlanc, Sr., and thank Transportation to issue regulations to re- SCHIP programs, and for other purposes. him for his dedicated and tireless serv- duce the incidence of child injury and death ice to our country.∑ occurring inside or outside of light motor ve- The message also announced that the hicles, and for other purposes. House has passed the following bill, in f H. J. Res. 72. Joint resolution making fur- which it requests the concurrence of MESSAGES FROM THE PRESIDENT ther continuing appropriations for the fiscal the Senate: year 2008, and for other purposes. Messages from the President of the H.R. 4040. An act to establish consumer United States were communicated to The message further announced that product safety standards and other safety re- the Senate by Mr. Thomas, one of his the House has agreed to the following quirements for children’s products and to re- secretaries. concurrent resolution, without amend- authorize and modernize the Consumer Prod- ment: uct Safety Commission. f S. Con. Res. 62. Concurrent resolution to The message further announced that EXECUTIVE MESSAGES REFERRED correct the enrollment of H.R. 660. pursuant to section 1238(b)(3) of the As in executive session the Presiding The message also announced that the Floyd D. Spence National Defense Au- Officer laid before the Senate messages House agrees to the amendment of the thorization Act for Fiscal Year 2001 (22 from the President of the United Senate to the bill (H.R. 660) to amend U.S.C. 7002), amended by division P of States submitting sundry nominations title 18, United States Code, to protect the Consolidated Appropriations Reso- and a withdrawal which were referred judges, prosecutors, witnesses, victims, lution, 2003 (22 U.S.C. 6901), and the to the appropriate committees. and their family members, and for order of the House of January 4, 2007, (The nominations received today are other purposes. the Speaker reappoints the following printed at the end of the Senate pro- f members on the part of the House of ceedings.) ENROLLED BILL SIGNED Representatives to the United States- f China Economic and Security Review At 3:40 p.m., a message from the MESSAGES FROM THE HOUSE Commission for terms to expire Decem- House of Representatives, delivered by At 2:21 p.m., a message from the ber 31, 2009: Ms. Carolyn Bartholomew Mr. Hanrahan, one of its reading of the District of Colombia, and Mr. House of Representatives, delivered by clerks, announced that the Speaker has Mr. Hanrahan, one of its reading Jeffrey L. Fiedler of Great Falls, Vir- signed the following enrolled bill: ginia. clerks, announced that the House has H.R. 1585. An act to authorize appropria- passed the following bills, without tions for fiscal year 2008 for military activi- amendment: ties of the Department of Defense, for mili- At 6:57 p.m., a message from the S. 1396. An act to authorize a major med- tary construction, and for defense activities House of Representatives, delivered by ical facility project to modernize inpatient of the Department of Energy, to prescribe Mr. Hanrahan, one of its reading wards at the Department of Veterans Affairs military personnel strengths for such fiscal clerks, announced that the House Medical Center in Atlanta, Georgia. year, and for other purposes. agrees to the amendment of the Senate S. 1896. An act to designate the facility of The enrolled bill was subsequently to Amendment #2 of the House to the the United States Postal Service located at signed by the President pro tempore amendment of the Senate to the bill 11 Central Street in Hillsborough, New (H.R. 2764) making appropriations for Hampshire, as the ‘‘Officer Jeremy Todd (Mr. BYRD). Charron Post Office’’. f the Department of State, foreign oper- ations, and related programs for the The message also announced that the ENROLLED BILLS SIGNED fiscal year ending September 30, 2008, House has passed the following bill, in At 3:52 p.m., a message from the and for other purposes. which it requests the concurrence of House of Representatives, delivered by the Senate: The message also announced that the Mr. Hanrahan, one of its reading House agrees to the amendment of the H.R. 3793. An act to amend title 37, United clerks, announced that the Speaker has Senate to the bill (H.R. 2640) to im- States Code, to require the continued pay- signed the following enrolled bills: ment to a member of the uniformed services prove the National Instant Criminal who dies or is retired or separated under H.R. 2761. An act to extend the Terrorism Background Check System, and for chapter 61 of title 10, United States Code, bo- Insurance Program of the Department of the other purposes. Treasury, and for other purposes. nuses and similar benefits that the member The message further announced that was entitled to before the death, retirement, H.R. 3648. An act to amend the Internal Revenue Code of 1986 to exclude discharges of the House has passed the following or separation of the member and would be bills, without amendment: paid if the member had not died, retired, or indebtedness on principle residences from separated, to prohibit requiring the member gross income, and for other purposes. S. 1916. An act to amend the Public Health to repay any portion of the bonuses or simi- The enrolled bills were subsequently Service Act to modify the program for the lar benefits previously paid, and for other signed by the President pro tempore sanctuary system for surplus chimpanzees by purposes. (Mr. BYRD). terminating the authority for the removal of The message further announced that chimpanzees from the system for research in accordance with the request of the At 5:46 p.m., a message from the purposes. Senate, the bill (H.R. 2764) making ap- House of Representatives, delivered by S. 2436. An act to amend the Internal Rev- Mrs. Cole, one of its reading clerks, an- enue Code of 1986 to clarify the term of the propriations for the Department of Commissioner of Internal Revenue. State, foreign operations, and related nounced that the House has agreed to programs for the fiscal year ending the amendment of the Senate to the The message also announced that the September 30, 2008, and for other pur- bill (H.R. 3996) to amend the Internal House has passed the following bill, in poses, and all accompanying papers are Revenue Code of 1986 to extend certain which it requests the concurrence of hereby returned to the Senate. expiring provisions, and for other pur- the Senate: poses. H.R. 4839. An act to amend the Internal At 3:13 p.m., a message from the The message also announced that the Revenue Code of 1986 to make technical cor- House of Representatives, delivered by resolution from the Senate (S. Con. rections, and for other purposes.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16000 CONGRESSIONAL RECORD — SENATE December 19, 2007 ENROLLED BILLS SIGNED similar benefits that the member was enti- ‘‘Fisheries of the Exclusive Economic Zone tled to before the death, retirement, or sepa- Off Alaska; Reallocation of Halibut in the The message further announced that ration of the member and would be paid if Gulf of Alaska’’ (RIN0648–XE00) received on the Speaker pro tempore (Mr. HOYER) the member had not died, retired, or sepa- December 18, 2007; to the Committee on Com- has signed the following enrolled bills: rated, to prohibit requiring the member to merce, Science, and Transportation. S. 2271. An act to authorize State and local repay any portion of the bonuses or similar EC–4449. A communication from the Assist- governments to divest assets in companies benefits previously paid, and for other pur- ant Administrator, National Marine Fish- that conduct business operations in Sudan, poses. eries Service, Department of Commerce, transmitting, pursuant to law, the report of to prohibit United States Government con- f tracts with such companies, and for other a rule entitled ‘‘Final Rule to Implement purposes. MEASURES READ THE FIRST TIME 2008 First Season Atlantic Shark Commer- cial Management Measures’’ (RIN0648–AV93) S. 2488. An act to promote accessibility, ac- The following bill was read the first countability, and openness in Government received on December 18, 2007; to the Com- by strengthening section 552 of title 5, time: mittee on Commerce, Science, and Transpor- United States Code (commonly referred to as H.R. 4040. An act to establish consumer tation. EC–4450. A communication from the Regu- the Freedom of Information Act), and for product safety standards and other safety re- latory Officer, Forest Service, Department of other purposes. quirements for children’s products and to re- Agriculture, transmitting, pursuant to law, H.R. 366. An act to designate the Depart- authorize and modernize the Consumer Prod- the report of a rule entitled ‘‘Onshore Oil ment of Veterans Affairs Outpatient Clinic uct Safety Commission. and Gas Operations; Federal and Indian Oil in Tulsa, Oklahoma, as the ‘‘Earnest Chil- f and Gas Leases; Onshore Oil and Gas Order ders Department of Veterans Affairs Out- EXECUTIVE AND OTHER Number 1, Approval of Operations’’ (RIN0596– patient Clinic’’. AC20) received on December 18, 2007; to the H.R. 3996. An act to amend the Internal COMMUNICATIONS Committee on Energy and Natural Re- Revenue Code of 1986 to extend certain expir- The following communications were sources. ing provisions, and for other purposes. laid before the Senate, together with EC–4451. A communication from the Prin- f accompanying papers, reports, and doc- cipal Deputy Associate Administrator, Office of Policy, Economics and Innovation, Envi- ENROLLED BILLS AND JOINT uments, and were referred as indicated: ronmental Protection Agency, transmitting, RESOLUTION PRESENTED EC–4442. A communication from the Regu- two documents recently issued by the Agen- latory Officer, Forest Service, Department of cy related to its regulatory programs; to the The Secretary of the Senate reported Agriculture, transmitting, pursuant to law, Committee on Environment and Public that on today, December 19, 2007, she the report of a rule entitled ‘‘Sale and Dis- Works. had presented to the President of the posal of National Forest System Timber; EC–4452. A communication from the Prin- United States the following enrolled Timber Sale Contracts; Purchaser Elects cipal Deputy Associate Administrator, Office bills and joint resolution: Government Road Construction’’ (RIN0596– of Policy, Economics and Innovation, Envi- AC40) received on December 18, 2007; to the ronmental Protection Agency, transmitting, S. 597. An act to amend title 39, United Committee on Agriculture, Nutrition, and pursuant to law, the report of a rule entitled States Code, to extend the authority of the Forestry. ‘‘Approval and Promulgation of Air Quality United States Postal Service to issue a EC–4443. A communication from the Regu- Implementation Plans; Nevada; Washoe semipostal to raise funds for breast cancer latory Officer, Forest Service, Department of County 8-Hour Ozone Maintenance Plan’’ research. Agriculture, transmitting, pursuant to law, (FRL No. 8509–2) received on December 18, S. 2174. An act to designate the facility of the report of a rule entitled ‘‘Sale and Dis- 2007; to the Committee on Environment and the United States Postal Service located at posal of National Forest System Timber; Public Works. 175 South Monroe Street in Tiffin, Ohio, as Modification of Timber Sale Contracts in Ex- EC–4453. A communication from the Prin- the ‘‘Paul E. Gillmor Post Office Building’’. traordinary Conditions; Noncompetitive Sale cipal Deputy Associate Administrator, Office S. 2484. An act to rename the National In- of Timber’’ (RIN0596–AB70) received on De- of Policy, Economics and Innovation, Envi- stitute of Child Health and Human Develop- cember 18, 2007; to the Committee on Agri- ronmental Protection Agency, transmitting, ment as the Eunice Kennedy Shriver Na- culture, Nutrition, and Forestry. pursuant to law, the report of a rule entitled tional Institute of Child Health and Human EC–4444. A communication from the Sec- ‘‘Glufosinate-ammonium; Pesticide Toler- Development. retary of Defense, transmitting, a report on ance’’ (FRL No. 8342–3) received on December S.J. Res. 13. Joint resolution granting the the approved retirement of General William 18, 2007; to the Committee on Environment consent of Congress to the International T. Hobbins, United States Air Force, and his and Public Works. Emergency Management Assistance Memo- advancement to the grade of general on the EC–4454. A communication from the Prin- randum of Understanding. cipal Deputy Associate Administrator, Office retired list; to the Committee on Armed of Policy, Economics and Innovation, Envi- f Services. ronmental Protection Agency, transmitting, EC–4445. A communication from the Coun- pursuant to law, the report of a rule entitled MEASURES REFERRED sel for Legislation and Regulations, Office of ‘‘Approval and Promulgation of Air Quality Housing, Department of Housing and Urban The following joint resolution was Implementation Plan; South Dakota; Revi- Development, transmitting, pursuant to law, read the first and the second times by sions to New Source Review Rules’’ (FRL No. the report of a rule entitled ‘‘Implementa- unanimous consent, and referred as in- 8509–4) received on December 18, 2007; to the tion of Mark-to-Market Program Revisions’’ Committee on Environment and Public dicated: (RIN2502–AH86) received on December 18, H.J. Res. 15. Joint resolution recognizing Works. 2007; to the Committee on Banking, Housing, EC–4455. A communication from the Prin- the contributions of the Christmas tree in- and Urban Affairs. cipal Deputy Associate Administrator, Office dustry to the United States economy; to the EC–4446. A communication from the Acting of Policy, Economics and Innovation, Envi- Committee on Agriculture, Nutrition, and Director, Office of Sustainable Fisheries, De- ronmental Protection Agency, transmitting, Forestry. partment of Commerce, transmitting, pursu- pursuant to law, the report of a rule entitled The following concurrent resolution ant to law, the report of a rule entitled ‘‘Clo- ‘‘National Emission Standards for Hazardous was read, and referred as indicated: sure (New Jersey 2007 Summer Flounder Air Pollutants for Area Sources: Clay Ce- Commercial Fishery)’’ (RIN0648–XE00) re- ramics Manufacturing, Glass Manufacturing, H. Con. Res. 254. Concurrent resolution rec- ceived on December 18, 2007; to the Com- ognizing and celebrating the centennial of and Secondary Nonferrous Metals Proc- mittee on Commerce, Science, and Transpor- essing’’ ((RIN2060–AM12)(FRL No. 8508–5)) re- Oklahoma statehood; to the Committee on tation. the Judiciary. ceived on December 18, 2007; to the Com- EC–4447. A communication from the Dep- mittee on Environment and Public Works. f uty Director, Office of Sustainable Fisheries, EC–4456. A communication from the Prin- Department of Commerce, transmitting, pur- cipal Deputy Associate Administrator, Office MEASURES PLACED ON THE suant to law, the report of a rule entitled of Policy, Economics and Innovation, Envi- CALENDAR ‘‘Extension of Final Temporary Rule for In- ronmental Protection Agency, transmitting, The following bill was read the first terim Measures to Address Overfishing of pursuant to law, the report of a rule entitled Gulf of Mexico Red Snapper During 2007’’ and second times by unanimous con- ‘‘National Emission Standards for Hazardous (RIN0648–AT87) received on December 18, Air Pollutants for Area Sources: Electric Arc sent, and placed on the calendar: 2007; to the Committee on Commerce, Furnace Steelmaking Facilities’’ ((RIN2060– H.R. 3793. To amend title 37, United States Science, and Transportation. AM71)(FRL No. 8509–5)) received on Decem- Code, to require the continued payment to a EC–4448. A communication from the Acting ber 18, 2007; to the Committee on Environ- member of the uniformed services who dies Director, Office of Sustainable Fisheries, De- ment and Public Works. or is retired or separated under chapter 61 of partment of Commerce, transmitting, pursu- EC–4457. A communication from the Prin- title 10, United States Code, bonuses and ant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16001 of Policy, Economics and Innovation, Envi- through September 30, 2007; to the Com- the report of a rule entitled ‘‘Subsistence ronmental Protection Agency, transmitting, mittee on Homeland Security and Govern- Management Regulations for Public Lands in pursuant to law, the report of a rule entitled mental Affairs. Alaska, Subpart C and Subpart D—2007–2008 ‘‘National Emission Standards for Hazardous EC–4467. A communication from the Acting Subsistence Taking of Fish and Shellfish Air Pollutants for Iron and Steel Foundries Deputy Assistant Administrator, Office of Regulations’’ (RIN1018–AU57) received on De- Area Sources’’ (FRL No. 8509–6) received on Diversion Control, Department of Justice, cember 18, 2007; to the Committee on Envi- December 18, 2007; to the Committee on En- transmitting, pursuant to law, the report of ronment and Public Works. vironment and Public Works. a rule entitled ‘‘Issuance of Multiple Pre- EC–4478. A communication from the Chief EC–4458. A communication from the Prin- scriptions for Schedule II Controlled Sub- of the Publications and Regulations Branch, cipal Deputy Associate Administrator, Office stances’’ (RIN1117–AB01) received on Decem- Internal Revenue Service, Department of the of Policy, Economics and Innovation, Envi- ber 18, 2007; to the Committee on the Judici- Treasury, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, ary. report of a rule entitled ‘‘Update of Weighted pursuant to law, the report of a rule entitled EC–4468. A copy of a complaint as required Average Interest Rates, Yield Curves, and ‘‘National Emission Standards for Hazardous by section 403(a)(2) of the Bipartisan Cam- Segment Rates’’ (Notice 2007–101) received on Air Pollutants: Paint Stripping and Mis- paign Reform Act of 2002 relative to the case December 18, 2007; to the Committee on Fi- cellaneous Surface Coating Operations at of Citizens United v. FEC; to the Committee nance. Area Sources’’ ((RIN2060–AN21)(FRL No. on Rules and Administration. EC–4479. A communication from the Assist- 8508–6)) received on December 18, 2007; to the EC–4469. A communication from the Ad- ant Secretary, Office of Legislative Affairs, Committee on Environment and Public ministrator, Food and Nutrition Service, De- Department of State, transmitting, pursuant Works. partment of Agriculture, transmitting, pur- to law, a report relative to the compliance of EC–4459. A communication from the Prin- suant to law, the report of a rule entitled several countries to freedom of emigration cipal Deputy Associate Administrator, Office ‘‘Applying for Free and Reduced Price Meals provisions; to the Committee on Finance. of Policy, Economics and Innovation, Envi- in the National School Lunch Program and EC–4480. A communication from the White ronmental Protection Agency, transmitting, School Breakfast Program and for Benefits House Liaison, Department of the Treasury, pursuant to law, the report of a rule entitled in the Special Milk Program and Technical transmitting, pursuant to law, (6) reports ‘‘Pesticide Tolerance Crop Grouping Pro- Amendments’’ (RIN0584–AD54) received on relative to vacancies within the Department, gram; Technical Amendment’’ ((RIN2070– December 18, 2007; to the Committee on Agri- received on December 18, 2007; to the Com- AJ28)(FRL No. 8345–4)) received on December culture, Nutrition, and Forestry. mittee on Finance. 18, 2007; to the Committee on Environment EC–4470. A communication from the Regu- EC–4481. A communication from the Assist- and Public Works. latory Officer, Forest Service, Department of ant Secretary, Office of Legislative Affairs, EC–4460. A communication from the Prin- Agriculture, transmitting, pursuant to law, Department of State, transmitting, pursuant cipal Deputy Associate Administrator, Office the report of a rule entitled ‘‘Procedures for to law, an annual report relative to the Ben- of Policy, Economics and Innovation, Envi- Appraising Recreation Residence Lots and jamin A. Gilman International Scholarship ronmental Protection Agency, transmitting, for Managing Recreation Residence Uses Program for fiscal year 2007; to the Com- pursuant to law, the report of a rule entitled Pursuant to the Cabin User Fee Fairness mittee on Foreign Relations. ‘‘Prevention of Significant Deterioration and Act’’ (RIN0596–AB83) received on December EC–4482. A communication from the Assist- Nonattainment New Source Review: Reason- 18, 2007; to the Committee on Agriculture, ant Secretary, Office of Legislative Affairs, able Possibility in Recordkeeping’’ Nutrition, and Forestry. Department of State, transmitting, pursuant ((RIN2060–AN88)(FRL No. 8508–4)) received on EC–4471. A communication from the Prin- to law, the certification of a proposed manu- December 18 , 2007; to the Committee on En- cipal Deputy, Office of the Under Secretary facturing license agreement for the transfer vironment and Public Works. of Defense (Personnel and Readiness), trans- of technical data to Israel for the manufac- EC–4461. A communication from the Regu- mitting, the report of the authorization of ture of the Advanced Digital Dispensing Sys- latory Officer, Forest Service, Department of Colonel Garrett Harencak to wear the au- tem II Countermeasure Dispenser System; to Agriculture, transmitting, pursuant to law, thorized insignia of the grade of brigadier the Committee on Foreign Relations. the report of a rule entitled ‘‘Subsistence general in accordance with title 10, United EC–4483. A communication from the Assist- Management Regulations for Public Lands in States Code, section 777; to the Committee ant Secretary, Office of Legislative Affairs, Alaska, Subpart D; Seasonal Adjustments— on Armed Services. Department of State, transmitting, pursuant Copper, Unalakleet, and Yukon Rivers’’ (50 EC–4472. A communication from the Gen- to law, the certification of a proposed agree- CFR Part 100) received on December 18, 2007; eral Counsel, National Credit Union Admin- ment for the export of technical data to Can- to the Committee on Environment and Pub- istration, transmitting, pursuant to law, the ada to support the manufacture of Decoder lic Works. report of a rule entitled ‘‘Fair Credit Report- Assemblies; to the Committee on Foreign EC–4462. A communication from the Regu- ing, Subpart C—Affiliate Marketing’’ Relations. latory Officer, Forest Service, Department of (RIN3133–AD00) received on December 18, EC–4484. A communication from the Chief Agriculture, transmitting, pursuant to law, 2007; to the Committee on Banking, Housing, Executive Officer, Corporation for National the report of a rule entitled ‘‘Subsistence and Urban Affairs. and Community Service, transmitting, pur- Management Regulations for Public Lands in EC–4473. A communication from the Sec- suant to law, the Semiannual Report of the Alaska; Kenai Peninsula Subsistence Re- retary, Federal Trade Commission, transmit- Corporation’s Inspector General for the pe- source Region’’ (RIN1018–AU92) received on ting, pursuant to law, a report on ethanol riod from April 1, 2007, through September December 18, 2007; to the Committee on En- market concentration; to the Committee on 30, 2007; to the Committee on Homeland Se- vironment and Public Works. Commerce, Science, and Transportation. curity and Governmental Affairs. EC–4463. A communication from the Sec- EC–4474. A communication from the Dep- EC–4485. A communication from the Ad- retary of the Treasury, transmitting, pursu- uty Assistant Administrator for Regulatory ministrator, U.S. Agency for International ant to law, semiannual reports from the Of- Programs, National Marine Fisheries, De- Development, transmitting, pursuant to law, fice of the Treasury Inspector General and partment of Commerce, transmitting, pursu- the Semiannual Report of the Agency’s In- the Treasury Inspector General for Tax Ad- ant to law, the report of a rule entitled ‘‘2008 spector General for the period ending Sep- ministration; to the Committee on Home- Summer Flounder Coastwide Recreational tember 10, 2007; to the Committee on Home- land Security and Governmental Affairs. Interim Management Measures’’ (RIN0648– land Security and Governmental Affairs. EC–4464. A communication from the Sec- AC99) received on December 18, 2007; to the EC–4486. A communication from the Direc- retary of Labor, transmitting, pursuant to Committee on Commerce, Science, and tor of Administration, National Labor Rela- law, the Semiannual Report of the Pension Transportation. tions Board, transmitting, pursuant to law, Benefit Guaranty Corporation’s Inspector EC–4475. A communication from the Regu- the Board’s Performance and Accountability General for the period of April 1, 2007, latory Officer, Forest Service, Department of Report for fiscal year 2007; to the Committee through September 30, 2007; to the Com- Agriculture, transmitting, pursuant to law, on Homeland Security and Governmental Af- mittee on Homeland Security and Govern- the report of a rule entitled ‘‘National For- fairs. mental Affairs. est System Land Management Planning’’ EC–4487. A communication from the Sec- EC–4465. A communication from the Chair- (RIN0596–AC43) received on December 18, retary of Health and Human Services, trans- man, Securities and Exchange Commission, 2007; to the Committee on Energy and Nat- mitting, pursuant to law, the Semiannual transmitting, pursuant to law, the Semi- ural Resources. Report of the Department’s Inspector Gen- annual Report of the Commission’s Inspector EC–4476. A communication from the Chair- eral for the period ending September 30, 2007; General for the period of April 1, 2007, man, Federal Energy Regulatory Commis- to the Committee on Homeland Security and through September 30, 2007; to the Com- sion, transmitting, pursuant to law, a report Governmental Affairs. mittee on Homeland Security and Govern- relative to the Commission’s competitive EC–4488. A communication from the Attor- mental Affairs. sourcing activities during fiscal year 2007; to ney General, transmitting, pursuant to law, EC–4466. A communication from the Chair- the Committee on Energy and Natural Re- the Semiannual Report of the Department’s man, National Endowment for the Arts, sources. Inspector General for the six-month period transmitting, pursuant to law, the Semi- EC–4477. A communication from the Regu- from April 1, 2007, through September 30, annual Report of the Organization’s Inspec- latory Officer, Forest Service, Department of 2007; to the Committee on Homeland Secu- tor General for the period of April 1, 2007, Agriculture, transmitting, pursuant to law, rity and Governmental Affairs.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16002 CONGRESSIONAL RECORD — SENATE December 19, 2007 EC–4489. A communication from the Ad- Homeland Security and Governmental Af- law, an annual report relative to the Navajo ministrator, Small Business Administration, fairs. Electrification Demonstration Program; to transmitting, pursuant to law, the Adminis- EC–4500. A communication from the Chair- the Committee on Energy and Natural Re- tration’s financial report for fiscal year 2007; man, Council of the District of Columbia, sources. to the Committee on Homeland Security and transmitting, pursuant to law, a report on EC–4511. A communication from the Chief Governmental Affairs. D.C. Act 17–224 , ‘‘Child and Family Services of the Publications and Regulations Branch, EC–4490. A communication from the Chair, Grant-making Temporary Amendment Act Internal Revenue Service, Department of the Equal Employment Opportunity Commis- of 2007’’ received on December 19, 2007; to the Treasury, transmitting, pursuant to law, the sion, transmitting, pursuant to law, the Committee on Homeland Security and Gov- report of a rule entitled ‘‘Qualifying Relative Semiannual Report of the Commission’s In- ernmental Affairs. for Purposes of Section 152(d)(1)’’ (Notice spector General for the period ended Sep- EC–4501. A communication from the Chair- 2008–5) received on December 18, 2007; to the tember 30, 2007; to the Committee on Home- man, Council of the District of Columbia, Committee on Finance. land Security and Governmental Affairs. transmitting, pursuant to law, a report on EC–4512. A communication from the Chief EC–4491. A communication from the Sec- D.C. Act 17–225 , ‘‘Prohibition of the Invest- of the Publications and Regulations Branch, retary of Education, transmitting, pursuant ment of Public Funds in Certain Companies Internal Revenue Service, Department of the to law, the Semiannual Report of the De- Doing Business with the Government of Treasury, transmitting, pursuant to law, the partment’s Inspector General for the period Sudan Act of 2007’’ received on December 19, report of a rule entitled ‘‘2007 Section 846 from April 1, 2007, through September 30, 2007; to the Committee on Homeland Secu- Discount Factors’’ (Rev. Proc. 2008–10) re- 2007; to the Committee on Homeland Secu- rity and Governmental Affairs. ceived on December 18, 2007; to the Com- rity and Governmental Affairs. EC–4502. A communication from the Chair- mittee on Finance. EC–4492. A communication from the Direc- man, Council of the District of Columbia, EC–4513. A communication from the Assist- tor, Strategic Human Resources Policy Divi- transmitting, pursuant to law, a report on ant Secretary, Office of Legislative Affairs, sion, Office of Personnel Management, trans- D.C. Act 17–226 , ‘‘Student Access to Treat- Department of State, transmitting, pursuant mitting, pursuant to law, the report of a rule ment Act of 2007’’ received on December 19, to law, the certification of a proposed agree- entitled ‘‘Federal Employees’ Retirement 2007; to the Committee on Homeland Secu- ment for the export of defense articles to System; Present Value Conversion Factors rity and Governmental Affairs. Japan to manufacture Mission Data Record- EC–4503. A communication from the Chief for Spouses of Deceased Separated Employ- ers and other devices to support F–15 air- Acquisition Officer, General Services Admin- ees’’ (RIN3206–AL31) received on December craft; to the Committee on Foreign Rela- istration, Department of Defense, transmit- 18, 2007; to the Committee on Homeland Se- tions . ting, pursuant to law, the report of a rule en- EC–4514. A communication from the Assist- curity and Governmental Affairs. EC–4493. A communication from the Chair- titled ‘‘Federal Acquisition Regulation; Fed- ant Secretary, Office of Legislative Affairs, man, Council of the District of Columbia, eral Acquisition Circular 2005–22’’ (FAC 2005– Department of State, transmitting, pursuant 22) received on December 19, 2007; to the to law, the certification of a proposed tech- transmitting, pursuant to law, a report on Committee on Homeland Security and Gov- nical assistance agreement for the export of D.C. Act 17–217 , ‘‘Rent Administrator Hear- ernmental Affairs. technical data in support of the Network ing Authority Temporary Amendment Act of EC–4504. A communication from the Regu- System for the A400M Aircraft; to the Com- 2007’’ received on December 19, 2007; to the latory Officer, Forest Service, Department of mittee on Foreign Relations. Committee on Homeland Security and Gov- Agriculture, transmitting, pursuant to law, EC–4515. A communication from the Assist- ernmental Affairs. the report of a rule entitled ‘‘Special Uses; ant Secretary, Office of Legislative Affairs, EC–4494. A communication from the Chair- Managing Recreation Residences and Assess- Department of State, transmitting, pursuant man, Council of the District of Columbia, ing Fees Under the Cabin User Fee Fairness to law, the certification of a proposed agree- transmitting, pursuant to law, a report on Act’’ (RIN0596–AB83) received on December ment for the export of defense articles to D.C. Act 17–218, ‘‘Building Hope Real Prop- 18, 2007; to the Committee on Agriculture, Mexico to support the manufacture of minor erty Tax Exemption and Equitable Real Nutrition, and Forestry. aircraft parts for various military aircraft; Property Tax Relief Temporary Act of 2007’’ EC–4505. A communication from the Regu- to the Committee on Foreign Relations. received on December 19, 2007; to the Com- latory Officer, Forest Service, Department of EC–4516. A communication from the Assist- mittee on Homeland Security and Govern- Agriculture, transmitting, pursuant to law, ant Secretary, Office of Legislative Affairs, mental Affairs. the report of a rule entitled ‘‘Sale and Dis- Department of State, transmitting, pursuant EC–4495. A communication from the Chair- posal of National Forest System Timber; to law, the certification of a proposed agree- man, Council of the District of Columbia, Free Use to Individuals; Delegation of Au- ment for the export of defense articles to transmitting, pursuant to law, a report on thority’’ (RIN0596–AC09) received on Decem- Australia, Canada, France, Italy, and Singa- D.C. Act 17–219 , ‘‘Health-Care Decisions for ber 18, 2007; to the Committee on Agri- pore for the design of the Optus D3 Commer- Persons with Developmental Disabilities culture, Nutrition, and Forestry. cial Communications Satellite Program for Temporary Amendment Act of 2007’’ received EC–4506. A communication from the Regu- Australia; to the Committee on Foreign Re- on December 19, 2007; to the Committee on latory Officer, Forest Service, Department of lations. Homeland Security and Governmental Af- Agriculture, transmitting, pursuant to law, EC–4517. A communication from the Assist- fairs. the report of a rule entitled ‘‘Land Uses; Spe- ant Secretary, Office of Legislative Affairs, EC–4496. A communication from the Chair- cial Uses; Recovery of Costs for Processing Department of State, transmitting, pursuant man, Council of the District of Columbia, Special Use Applications and Monitoring to law, the certification of a proposed agree- transmitting, pursuant to law, a report on Compliance with Special Use Authoriza- ment for the export of defense articles to the D.C. Act 17–220 , ‘‘Operation Enduring Free- tions’’ (RIN0596–AB36) received on December United Arab Emirates, Italy, and France for dom and Operation Iraqi Freedom Active 18, 2007; to the Committee on Agriculture, the installation and follow-on support of the Duty Pay Differential Extension Temporary Nutrition, and Forestry. Rolling Air Frame Missile Guided Missile Amendment Act of 2007’’ received on Decem- EC–4507. A communication from the Regu- Launch System; to the Committee on For- ber 19, 2007; to the Committee on Homeland latory Officer, Forest Service, Department of eign Relations. Security and Governmental Affairs. Agriculture, transmitting, pursuant to law, EC–4518. A communication from the Assist- EC–4497. A communication from the Chair- the report of a rule entitled ‘‘Sale and Dis- ant Secretary, Office of Legislative Affairs, man, Council of the District of Columbia, posal of National Forest System Timber; Department of State, transmitting, pursuant transmitting, pursuant to law, a report on Timber Sale Contracts; Indices to Determine to law, the certification of a proposed agree- D.C. Act 17–221 , ‘‘Nuisance Property Abate- Market-Related Contract Term Additions’’ ment for the export of defense articles to ment Reform and Real Property Classifica- (RIN3206–AK35) received on December 18, Israel to provide continued support for the tion Temporary Amendment Act of 2007’’ re- 2007; to the Committee on Agriculture, Nu- upgrade of the USAF’s T–38 training air- ceived on December 19, 2007; to the Com- trition, and Forestry. craft’s avionics; to the Committee on For- mittee on Homeland Security and Govern- EC–4508. A communication from the Ad- eign Relations. mental Affairs. ministrator, National Aeronautics and Space EC–4519. A communication from the Assist- EC–4498. A communication from the Chair- Administration, transmitting, pursuant to ant Secretary, Office of Legislative Affairs, man, Council of the District of Columbia, law, a report relative to the International Department of State, transmitting, pursuant transmitting, pursuant to law, a report on Space Station’s second pressurized node; to to law, the certification of a proposed tech- D.C. Act 17–222 , ‘‘Bicycle Communter Com- the Committee on Commerce, Science, and nical assistance agreement for the export of muted and Parking Expansion Act of 2007’’ Transportation. defense data to Italy for the manufacture of received on December 19, 2007; to the Com- EC–4509. A communication from the Assist- upper wing skins for the F–35 Joint Strike mittee on Homeland Security and Govern- ant Secretary, Office of Legislative Affairs, Fighter; to the Committee on Foreign Rela- mental Affairs. Department of State, transmitting, pursuant tions. EC–4499. A communication from the Chair- to law, a report relative to cross-border EC–4520. A communication from the Assist- man, Council of the District of Columbia, interoperability with Canada; to the Com- ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, a report on mittee on Commerce, Science, and Transpor- Department of State, transmitting, pursuant D.C. Act 17–223, ‘‘Exploratory Committee tation. to law, the certification of a proposed license Regulation Amendment Act of 2007’’ received EC–4510. A communication from the Sec- for the export of defense articles to the Phil- on December 19, 2007; to the Committee on retary of Energy, transmitting, pursuant to ippines and South Korea necessary for the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16003 assembly of Complimentary Metal Oxide cember 19, 2007; to the Committee on Foreign Resolved (two-thirds of the Senators present Semiconductor Application Specific Inte- Relations. concurring therein), grated Circuits; to the Committee on For- EC–4531. A communication from the Assist- Section 1. Senate Advice and Consent Sub- eign Relations. ant Secretary for Administration and Man- ject to Declarations and Understandings. EC–4521. A communication from the Assist- agement, Competitive Sourcing Official, De- The Senate advises and consents to the ac- ant Secretary, Office of Legislative Affairs, partment of Labor, transmitting, pursuant cession to the United Nations Convention on Department of State, transmitting, pursuant to law, a report relative to the Department’s the Law of the Sea, with annexes, adopted on to law, the certification of a proposed agree- competitive sourcing activities during fiscal December 10, 1982 (hereafter in this resolu- ment for the export of defense articles in year 2007; to the Committee on Health, Edu- tion referred to as the ‘‘Convention’’), and to support of the manufacture of components cation, Labor, and Pensions. the ratification of the Agreement Relating for the AN/APG–66J Fire Control Radar Sys- f to the Implementation of Part XI of the tem; to the Committee on Foreign Relations. United Nations Convention on the Law of EC–4522. A communication from the Assist- PETITIONS AND MEMORIALS the Sea, with annex, adopted on July 28, 1994 ant Secretary, Office of Legislative Affairs, The following petitions and memo- (hereafter in this resolution referred to as Department of State, transmitting, pursuant rials were laid before the Senate and the ‘‘Agreement’’) (T. Doc. 103–39), subject to the declarations of section 2, to be made to law, the certification of a proposed agree- were referred or ordered to lie on the ment for the permanent transfer of three F– under articles 287 and 298 of the Convention, 16 B MLU M2 Block 10 and three F–16 B MLU table as indicated: the declarations and understandings of sec- M2 Block 15 aircraft; to the Committee on POM–272. A resolution adopted by the tion 3, to be made under article 310 of the Foreign Relations. Board of County Commissioners for Miami- Convention, and the conditions of section 4. EC–4523. A communication from the Assist- Dade County of the State of Florida urging Section 2. Declarations Under Articles 287 ant Secretary, Office of Legislative Affairs, the Florida Legislature to allow the use of and 298. Department of State, transmitting, pursuant unmanned cameras at intersections with The advice and consent of the Senate to law, the certification of a proposed manu- traffic signals in an effort to reduce red-light under section 1 is subject to the following facturing license agreement for the export of running; to the Committee on Commerce, declarations: defense articles to South Korea to support Science, and Transportation. (1) The Government of the United States of the developmental manufacture of the T– POM–273. A resolution adopted by the America declares, in accordance with article 701K helicopter engine; to the Committee on Board of County Commissioners for Miami- 287(1), that it chooses the following means Foreign Relations. Dade County of the State of Florida urging for the settlement of disputes concerning the EC–4524. A communication from the Assist- the Florida Legislature to designate NW 7th interpretation or application of the Conven- ant Secretary, Office of Legislative Affairs, Avenue from NW 35th Street as Dr. Barbara tion: (A) a special arbitral tribunal constituted Department of State, transmitting, pursuant Carey-Shuler Avenue; to the Committee on in accordance with Annex VIII for the settle- to law, the certification of a proposed tech- Environment and Public Works. ment of disputes concerning the interpreta- nical assistance agreement for the export of POM–274. A report from the City Clerk of tion or application of the articles of the Con- defense articles in support of the Sistema de the City of Punta Gorda in the State of Flor- vention relating to (1) fisheries, (2) protec- Vigilancia de Amazonia Wide Area Surveil- ida relative to the Minority Reporting Form tion and preservation of the marine environ- lance System; to the Committee on Foreign for 2006; to the Committee on Health, Edu- ment, (3) marine scientific research, and (4) Relations. cation, Labor, and Pensions. EC–4525. A communication from the Assist- POM–275. A resolution adopted by the navigation, including pollution from vessels ant Secretary, Office of Legislative Affairs, Board of County Commissioners for Miami- and by dumping; and (B) an arbitral tribunal constituted in ac- Department of State, transmitting, pursuant Dade County of the State of Florida urging cordance with Annex VII for the settlement to law, the certification of a proposed agree- the Florida Legislature to increase the pen- of disputes not covered by the declaration in ment for the export of defense articles to alties and fines for dog and other animal subparagraph (A). France, Germany, Gibraltar, Luxembourg, fighting; to the Committee on the Judiciary. POM–276. A resolution adopted by the (2) The Government of the United States of the Netherlands, Spain, Sweden, and the Board of County Commissioners for Miami- America declares, in accordance with article United Kingdom for the design of the New Dade County of the State of Florida urging 298(1), that it does not accept any of the pro- Skies Satellite Satellites Program; to the Congress to reinstate the federal assault cedures provided for in section 2 of Part XV Committee on Foreign Relations. (including, inter alia, the Sea-Bed Disputes EC–4526. A communication from the Assist- weapons ban; to the Committee on the Judi- Chamber procedure referred to in article ant Secretary, Office of Legislative Affairs, ciary. 287(2)) with respect to the categories of dis- Department of State, transmitting, pursuant f putes set forth in subparagraphs (a), (b), and to law, the certification of a proposed tech- REPORTS OF COMMITTEES (c) of article 298(1). The United States fur- nical assistance agreement for the export of ther declares that its consent to accession to defense articles in support of the Commu- The following reports of committees the Convention is conditioned upon the un- nication and Information System Wideband were submitted: derstanding that, under article 298(1)(b), each Programmable Network Radio; to the Com- By Mr. LEAHY, from the Committee on State Party has the exclusive right to deter- mittee on Foreign Relations. the Judiciary, with amendments: mine whether its activities are or were EC–4527. A communication from the Assist- S. 772. A bill to amend the Federal anti- ‘‘military activities’’ and that such deter- ant Secretary, Office of Legislative Affairs, trust laws to provide expanded coverage and Department of State, transmitting, pursuant minations are not subject to review. to eliminate exemptions from such laws that Section 3. Other Declarations and Under- to law, the certification of a proposed agree- are contrary to the public interest with re- standings under Article 310. ment for the permanent transfer of eleven spect to railroads (Rept. No. 110–252). The advice and consent of the Senate Jordanian F–5 aircraft to the Government of By Mrs. BOXER, from the Committee on under section 1 is subject to the following Brazil; to the Committee on Foreign Rela- Environment and Public Works, without declarations and understandings: tions. amendment: (1) The United States understands that EC–4528. A communication from the Assist- S. 595. A bill to amend the Emergency nothing in the Convention, including any ant Secretary, Office of Legislative Affairs, Planning and Community Right-to-Know provisions referring to ‘‘peaceful uses’’ or Department of State, transmitting, pursuant Act of 1986 to strike a provision relating to ‘‘peaceful purposes,’’ impairs the inherent to law, the certification of a proposed agree- modifications in reporting frequency (Rept. right of individual or collective self-defense ment for the export of defense articles to No. 110–253). or rights during armed conflict. Israel to support the manufacture of F/A–18 S. 1523. A bill to amend the Clean Air Act (2) The United States understands, with re- Leading Edge Extensions and Aft Nose Land- to reduce emissions of carbon dioxide from spect to the right of innocent passage under ing Gear Doors; to the Committee on For- the Capitol power plant (Rept. No. 110–254). the Convention, that— eign Relations. f (A) all ships, including warships, regardless EC–4529. A communication from the Assist- of, for example, cargo, armament, means of ant Secretary, Office of Legislative Affairs, EXECUTIVE REPORT OF propulsion, flag, origin, destination, or pur- Department of State, transmitting, pursuant COMMITTEE pose, enjoy the right of innocent passage; to law, weekly reports relative to Iraq for The following executive report of (B) article 19(2) contains an exhaustive list the period of October 15, 2007, through De- committee was submitted: of activities that render passage non-inno- cember 15, 2007; to the Committee on Foreign cent; Relations. By Mr. BIDEN, from the Committee on (C) any determination of non-innocence of EC–4530. A communication from the Assist- Foreign Relations: passage by a ship must be made on the basis ant Secretary, Office of Legislative Affairs, [Treaty Doc. 103–39 United Nations Conven- of acts it commits while in the territorial Department of State, transmitting, pursuant tion on the Law of the Sea (Ex. Rept. 110– sea, and not on the basis of, for example, to law, the report of a rule entitled ‘‘Sched- 9)] cargo, armament, means of propulsion, flag, ule of Fees for Consular Services, Depart- The text of the committee-recommended origin, destination, or purpose; and ment of State and Overseas Embassies and resolution of advice and consent to ratifica- (D) the Convention does not authorize a Consulates’’ (RIN1400–AC42) received on De- tion is as follows: coastal State to condition the exercise of the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16004 CONGRESSIONAL RECORD — SENATE December 19, 2007 right of innocent passage by any ships, in- from vessels (as referred to in article 211) and (16) The United States understands that cluding warships, on the giving of prior noti- not, for example, to pollution from dumping. the Convention supports a coastal State’s ex- fication to or the receipt of prior permission (9) The United States understands, with re- ercise of its domestic authority to regulate from the coastal State. spect to articles 220 and 226, that the ‘‘clear the introduction into the marine environ- (3) The United States understands, con- grounds’’ requirement set forth in those arti- ment of alien or new species. cerning Parts III and IV of the Convention, cles is equivalent to the ‘‘reasonable sus- (17) The United States understands that, that— picion’’ standard under United States law. with respect to articles 61 and 62, a coastal (A) all ships and aircraft, including war- (10) The United States understands, with State has the exclusive right to determine ships and military aircraft, regardless of, for respect to article 228(2), that— the allowable catch of the living resources in example, cargo, armament, means of propul- (A) the ‘‘proceedings’’ referred to in that its exclusive economic zone, whether it has sion, flag, origin, destination, or purpose, are paragraph are the same as those referred to the capacity to harvest the entire allowable entitled to transit passage and archipelagic in article 228(1), namely those proceedings in catch, whether any surplus exists for alloca- sea lanes passage in their ‘‘normal mode’’; respect of any violation of applicable laws tion to other States, and to establish the (B) ‘‘normal mode’’ includes, inter alia— and regulations or international rules and terms and conditions under which access (i) submerged transit of submarines; standards relating to the prevention, reduc- may be granted. The United States further (ii) overflight by military aircraft, includ- tion and control of pollution from vessels understands that such determinations are, ing in military formation; committed by a foreign vessel beyond the by virtue of article 297(3)(a), not subject to (iii) activities necessary for the security of territorial sea of the State instituting pro- binding dispute resolution under the Conven- surface warships, such as formation steam- ceedings; and tion. ing and other force protection measures; (B) fraudulent concealment from an officer (18) The United States understands that ar- ticle 65 of the Convention lent direct support (iv) underway replenishment; and of the United States of information con- to the establishment of the moratorium on (v) the launching and recovery of aircraft; cerning such pollution would extend the (C) the words ‘‘strait’’ and ‘‘straits’’ are commercial whaling, supports the creation three-year period in which such proceedings not limited by geographic names or cat- of sanctuaries and other conservation meas- may be instituted. egories and include all waters not subject to ures, and requires States to cooperate not (11) The United States understands, with Part IV that separate one part of the high only with respect to large whales, but with respect to article 230, that— respect to all cetaceans. seas or exclusive economic zone from an- (A) it applies only to natural persons other part of the high seas or exclusive eco- (19) The United States understands that, aboard the foreign vessels at the time of the with respect to article 33, the term ‘‘sanitary nomic zone or other areas referred to in arti- act of pollution; cle 45; laws and regulations’’ includes laws and reg- (B) the references to ‘‘monetary penalties ulations to protect human health from, inter (D) the term ‘‘used for international navi- only’’ exclude only imprisonment and cor- gation’’ includes all straits capable of being alia, pathogens being introduced into the poral punishment; territorial sea. used for international navigation; and (C) the requirement that an act of pollu- (E) the right of archipelagic sea lanes pas- (20) The United States understands that tion be ‘‘willful’’ in order to impose non- sage is not dependent upon the designation decisions of the Council pursuant to proce- monetary penalties would not constrain the by archipelagic States of specific sea lanes dures other than those set forth in article imposition of such penalties for pollution and/or air routes and, in the absence of such 161(8)(d) will involve administrative, institu- caused by gross negligence; designation or if there has been only a par- tional, or procedural matters and will not re- (D) in determining what constitutes a ‘‘se- sult in substantive obligations on the United tial designation, may be exercised through rious’’ act of pollution, a State may con- all routes normally used for international States. sider, as appropriate, the cumulative or ag- (21) The United States understands that navigation. gregate impact on the marine environment decisions of the Assembly under article (4) The United States understands, with re- of repeated acts of pollution over time; and 160(2)(e) to assess the contributions of mem- spect to the exclusive economic zone, that— (E) among the factors relevant to the de- (A) all States enjoy high seas freedoms of bers are to be taken pursuant to section 3(7) termination whether an act of pollution is navigation and overflight and all other inter- of the Annex to the Agreement and that the ‘‘serious,’’ a significant factor is non-compli- nationally lawful uses of the sea related to United States will, pursuant to section 9(3) ance with a generally accepted international of the Annex to the Agreement, be guaran- these freedoms, including, inter alia, mili- rule or standard. teed a seat on the Finance Committee estab- tary activities, such as anchoring, launching (12) The United States understands that lished by section 9(1) of the Annex to the and landing of aircraft and other military sections 6 and 7 of Part XII do not limit the Agreement, so long as the Authority sup- devices, launching and recovering water- authority of a State to impose penalties, ports itself through assessed contributions. borne craft, operating military devices, in- monetary or non-monetary, for, inter alia— (22) The United States declares, pursuant telligence collection, surveillance and recon- (A) non-pollution offenses, such as false to article 39 of Annex VI, that decisions of naissance activities, exercises, operations, statements, obstruction of justice, and ob- the Seabed Disputes Chamber shall be en- and conducting military surveys; and struction of government or judicial pro- forceable in the territory of the United (B) coastal State actions pertaining to ceedings, wherever they occur; or States only in accordance with procedures these freedoms and uses must be in accord- (B) any violation of national laws and reg- established by implementing legislation and ance with the Convention. ulations or applicable international rules that such decisions shall be subject to such (5) The United States understands that and standards for the prevention, reduction legal and factual review as is constitu- ‘‘marine scientific research’’ does not in- and control of pollution of the marine envi- tionally required and without precedential clude, inter alia— ronment that occurs while a foreign vessel is effect in any court of the United States. (A) prospecting and exploration of natural (23) The United States— resources; in any of its ports, rivers, harbors, or off- shore terminals. (A) understands that article 161(8)(f) ap- (B) hydrographic surveys; plies to the Council’s approval of amend- (C) military activities, including military (13) The United States understands that the Convention recognizes and does not con- ments to section 4 of Annex VI; surveys; (B) declares that, under that article, it in- (D) environmental monitoring and assess- strain the longstanding sovereign right of a State to impose and enforce conditions for tends to accept only a procedure that re- ment pursuant to section 4 of Part XII; or quires consensus for the adoption of amend- (E) activities related to submerged wrecks the entry of foreign vessels into its ports, rivers, harbors, or offshore terminals, such ments to section 4 of Annex VI; and or objects of an archaeological and historical (C) in the case of an amendment to section as a requirement that ships exchange ballast nature. 4 of Annex VI that is adopted contrary to water beyond 200 nautical miles from shore (6) The United States understands that any this understanding, that is, by a procedure or a requirement that tank vessels carrying declaration or statement purporting to limit other than consensus, will consider itself oil be constructed with double hulls. navigation, overflight, or other rights and bound by such an amendment only if it sub- (14) The United States understands, with freedoms of all States in ways not permitted sequently ratifies such amendment pursuant respect to article 21(2), that measures apply- by the Convention contravenes the Conven- to the advice and consent of the Senate. tion. Lack of a response by the United States ing to the ‘‘design, construction, equipment (24) The United States declares that, with to a particular declaration or statement or manning’’ do not include, inter alia, meas- the exception of articles 177–183, article 13 of made under the Convention shall not be in- ures such as traffic separation schemes, ship Annex IV, and article 10 of Annex VI, the terpreted as tacit acceptance by the United routing measures, speed limits, quantitative provisions of the Convention and the Agree- States of that declaration or statement. restrictions on discharge of substances, re- ment, including amendments thereto and (7) The United States understands that strictions on the discharge and/or uptake of rules, regulations, and procedures there- nothing in the Convention limits the ability ballast water, reporting requirements, and under, are not self-executing. of a State to prohibit or restrict imports of record-keeping requirements. SECTION 4. Conditions. goods into its territory in order to, inter (15) The United States understands that (a) IN GENERAL.—The advice and consent of alia, promote or require compliance with en- the Convention supports a coastal State’s ex- the Senate under section 1 is subject to the vironmental and conservation laws, norms, ercise of its domestic authority to regulate following conditions: and objectives. discharges into the marine environment re- (1) Not later than 15 days after the receipt (8) The United States understands that ar- sulting from industrial operations on board a by the Secretary of State of a written com- ticles 220, 228, and 230 apply only to pollution foreign vessel. munication from the Secretary-General of

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16005 the United Nations or the Secretary-General 4. Parents: Martin Glendon, deceased; tricity produced from renewable resources; of the Authority transmitting a proposal to Sarah Glendon, deceased. to the Committee on Finance. amend the Convention pursuant to article 5. Grandparents: Theodore Pomeroy, de- By Mr. LIEBERMAN (for himself, Mr. 312, 313, or 314, the President shall submit to ceased; Julia Pomeroy, deceased; Martin SMITH, Mr. AKAKA, Mrs. BOXER, Mr. the Committee on Foreign Relations of the Glendon, deceased; Mary Ann Glendon, de- BROWN, Ms. CANTWELL, Mr. CARDIN, Senate a copy of the proposed amendment. ceased. Mrs. CLINTON, Mr. DODD, Mr. DURBIN, (2) Prior to the convening of a Conference 6. Brothers and Spouses: Martin Glendon, Mr. FEINGOLD, Mr. KENNEDY, Mr. to consider amendments to the Convention brother, Cynthia Glendon, sister in law, KERRY, Mr. LAUTENBERG, Mr. LEAHY, proposed to be adopted pursuant to article none; none. Mr. LEVIN, Mrs. MURRAY, Mr. OBAMA, 312 of the Convention, the President shall 7. Sisters and Spouses: Julia Glendon, Mr. SCHUMER, Mr. WHITEHOUSE, and consult with the Committee on Foreign Re- none. Mr. WYDEN): lations of the Senate on the amendments to Charles W. Larson, Jr., of Iowa, to be Am- S. 2521. A bill to provide benefits to domes- be considered at the Conference. The Presi- bassador Extraordinary and Plenipotentiary tic partners of Federal employees; to the dent shall also consult with the Committee of the United States of America to the Re- Committee on Homeland Security and Gov- on Foreign Relations of the Senate on any public of Latvia. ernmental Affairs. amendment proposed to be adopted pursuant (The following is a list of all members of By Mr. ROCKEFELLER (for himself, to article 313 of the Convention. my immediate family and their spouses. I Mr. LIEBERMAN, and Mr. KERRY): S. 2522. A bill to amend the Social Security (3) Not later than 15 days prior to any have asked each of these persons to inform Act to guarantee comprehensive health care meeting— me of the pertinent contributions made by coverage for all children born after 2008; to (A) of the Council of the International Sea- them. To the best of my knowledge, the in- the Committee on Finance. bed Authority to consider an amendment to formation contained in this report is com- By Mr. KERRY (for himself, Ms. the Convention proposed to be adopted pur- plete and accurate.) SNOWE, Mr. SANDERS, Mr. DOMENICI, suant to article 314 of the Convention; or Nominee: Charles William Larson, Jr. Mr. SCHUMER, Ms. COLLINS, Mr. KEN- (B) of any other body under the Convention Post: U.S. Ambassador to Latvia. NEDY, and Mr. REED): to consider an amendment that would enter Contributions, Amount, Date, and Donee: S. 2523. A bill to establish the National Af- into force pursuant to article 316(5) of the 1. Charles W. Larson, Jr., $1,200, 06/27/07 fordable Housing Trust Fund in the Treasury Convention; the President shall consult with John McCain 2008; $1,200, 03/31/07, John of the United States to provide for the con- the Committee on Foreign Relations of the McCain 2008; $500, 11/15/06, DCI PAC; $2,000, 09/ struction, rehabilitation, and preservation of Senate on the amendment and on whether 30/03, Bush-Cheney ’04; $250, 05/15/03, Grassley decent, safe, and affordable housing for low- the United States should object to its adop- Committee; $300, 01/13/05, 55th Presidential income families; to the Committee on Bank- tion. Inaugural Committee; $300, 01/13/05, 55th ing, Housing, and Urban Affairs. (4) All amendments to the Convention, Presidential Inaugural Committee. By Mr. REID (for Mrs. CLINTON): other than amendments under article 316(5) 2. Spouse: Jennifer E. Larson, none. S. 2524. A bill to improve the enforcement of a technical or administrative nature, shall 3. Children: Charles W. Larson, III, none; of the Davis-Bacon Act; to the Committee on be submitted by the President to the Senate John-Henry C. Larson, none. Health, Education, Labor, and Pensions. for its advice and consent. 4. Parents: Charles W. Larson, father, By Mr. MENENDEZ (for himself and (5) The United States declares that it shall $1,000, 03/26/03, Republican Party of IA; Ellen Mr. DURBIN): take all necessary steps under the Conven- T. Larson, mother, $500, 07/25/05, Republican S. 2525. A bill to prevent health care facil- tion to ensure that amendments under arti- Party of IA; $75, 09/30/05, Republican Party of ity-acquired infections; to the Committee on cle 316(5) are adopted in conformity with the IA; $1,000, 01/26/04, Grassley Committee; Health, Education, Labor, and Pensions. treaty clause in Article II, section 2 of the $1,000, 01/26/04, Grassley Committee; $1,000, 03/ By Mr. MENENDEZ (for himself, Mr. United States Constitution. 26/03, Republican Party of IA; $2,000 07/07/03, DURBIN, and Mr. KENNEDY): (b) INCLUSION OF CERTAIN CONDITIONS IN IN- Bush-Cheney ’04; $100, 09/21/03, Thompson for S. 2526. A bill to protect health care work- STRUMENT OF RATIFICATION.—Conditions 4 Congress; $2,000, 12/29/03, Grassley for Senate. ers and first responders, including police, and 5 shall be included in the United States 5. Grandparents: Dorothy Hagner, grand- fire-fighters, emergency medical personnel, instrument of ratification to the Convention. mother, none; Arthur Hagner, grandfather, and other workers at risk of workplace expo- deceased. sure to infectious agents and drug resistant infections, such as MRSA and pandemic in- f 6. Brothers and Spouses: none. 7. Sisters and Spouses; Carrie L. Graham, fluenza; to the Committee on Health, Edu- EXECUTIVE REPORT OF $500, 2007 calendar, Pfizer PAC; $500, 2006 cal- cation, Labor, and Pensions. COMMITTEE endar, Pfizer PAC; $500, 2005 calendar, Pfizer By Mr. FEINGOLD: S. 2527. A bill to prohibit the obligation or PAC; $500, 2004 calendar, Pfizer PAC; $500, 4/ The following executive report of a expenditure of funds for the Osprey tiltrotor 13/2004, Bush-Cheney ’04; $1,000, 07/07/2003, nomination was submitted: aircraft; to the Committee on Appropria- Bush-Cheney ’04; $500, 2002 calendar, Pfizer tions. By Mr. LIEBERMAN for the Committee on PAC; $500, 2002 calendar, Pfizer PAC; Andrew By Mr. MENENDEZ: Homeland Security and Governmental Af- F. Graham, none. fairs. *Robert D. Jamison, of Virginia, to be S. 2528. A bill to authorize guarantees for an Under Secretary of Homeland Security. f bonds and notes issued for community or economic development purposes; to the Com- *Nomination was reported with rec- INTRODUCTION OF BILLS AND mittee on Banking, Housing, and Urban Af- ommendation that it be confirmed sub- JOINT RESOLUTIONS fairs. ject to the nominee’s commitment to The following bills and joint resolu- By Mr. MENENDEZ (for himself and respond to requests to appear and tes- tions were introduced, read the first Mr. BAYH): tify before any duly constituted com- S. 2529. A bill to improve disclosures for and second times by unanimous con- charitable giving, protect charities, inform mittee of the Senate. sent, and referred as indicated: consumers, and for other purposes; to the FINANCIAL DISCLOSURE By Mr. INHOFE: Committee on Commerce, Science, and Mary Ann Glendon, of Massachusetts, to be S. 11. A bill to provide liability protection Transportation. Ambassador Extraordinary and Pleni- to volunteer pilot nonprofit organizations By Mr. REID (for himself and Mr. BAU- potentiary of the United States of America that fly for public benefit and to the pilots CUS): to the Holy See. and staff of such nonprofit organizations, S. 2530. A bill entitled the ‘‘Federal Avia- (The following is a list of all members of and for other purposes; to the Committee on tion Administration Extension Act of 2007’’; my immediate family and their spouses. I the Judiciary. to the Committee on Commerce, Science, and Transportation. have asked each of these persons to inform By Mr. REID (for Mr. OBAMA): me of the pertinent contributions made by S. 2519. A bill to prohibit the awarding of a By Mr. MCCONNELL (for himself and them. To the best of my knowledge, the in- contract or grant in excess of the simplified Mr. BUNNING): S. 2531. A bill to amend the Tariff Act of formation contained in this report is com- acquisition threshold unless the prospective 1930 to revise the antidumping duties and plete and accurate.) contractor or grantee certifies in writing to countervailing duties relating to the produc- Nominee—Mary Ann Glendon. the agency awarding the contract or grant tion of low-enriched uranium, and for other Post—Ambassador to Holy See. that the contractor or grantee has no seri- purposes; to the Committee on Finance. Contributions, Amount, Date, and Donee: ously delinquent tax debts, and for other 1. Self: Mary Ann Glendon, none. purposes; to the Committee on Homeland Se- f 2. Spouse: Edward R. Lev, none. curity and Governmental Affairs. SUBMISSION OF CONCURRENT AND 3. Children and Spouses: Sarah P. Hood, By Mr. JOHNSON (for himself, Mr. SENATE RESOLUTIONS daughter, none; Darren Hood, son in law, SMITH, and Mr. DORGAN): none; Elizabeth Lev, daughter, none; Kath- S. 2520. A bill to amend the Internal Rev- The following concurrent resolutions erine Lev, daughter, $300, 2003 and 2004 (Est.), enue Code of 1986 to allow Indian tribal gov- and Senate resolutions were read, and Congressman Stephen Lynch D-MASS. ernments to transfer the credit for elec- referred (or acted upon), as indicated:

VerDate Aug 31 2005 07:02 Jan 11, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~5\2007NE~2\COMPLE~1\S19DE7.REC S19DE7 mmaher on PRODPC24 with CONG-REC-ONLINE S16006 CONGRESSIONAL RECORD — SENATE December 19, 2007 By Mr. HAGEL (for himself, Mr. S. 714, a bill to amend the Animal Wel- vided to volunteer firefighters, search LUGAR, and Ms. MURKOWSKI): fare Act to ensure that all dogs and and rescue personnel, and emergency S. Res. 417. A resolution expressing the cats used by research facilities are ob- medical responders from income and sense of the Senate that the United States tained legally. employment taxes and wage with- should expand trade opportunities with Mon- golia and initiate negotiations to enter into S. 755 holding. a free trade agreement with Mongolia; to the At the request of Mr. SCHUMER, the S. 1593 Committee on Finance. name of the Senator from Minnesota At the request of Mr. BAYH, his name By Mr. BIDEN: (Ms. KLOBUCHAR) was added as a co- was added as a cosponsor of S. 1593, a S. Res. 418. A resolution expressing the sponsor of S. 755, a bill to amend title bill to amend the Internal Revenue sense of the Senate regarding provocative XIX of the Social Security Act to re- Code of 1986 to provide tax relief and and dangerous statements made by officials protections to military personnel, and of the Government of the Russian Federation quire States to provide diabetes screen- concerning the territorial integrity of the ing tests under the Medicaid program for other purposes. Republic of Georgia; to the Committee on for adult enrollees with diabetes risk S. 1661 Foreign Relations. factors, to ensure that States offer a At the request of Mr. DORGAN, the By Mr. REID (for Mrs. CLINTON): comprehensive package of benefits names of the Senator from West Vir- S. Con. Res. 63. A concurrent resolution ex- under that program for individuals ginia (Mr. ROCKEFELLER) and the Sen- pressing the sense of the Congress regarding with diabetes, and for other purposes. ator from New York (Mrs. CLINTON) the need for additional research into the were added as cosponsors of S. 1661, a chronic neurological condition hydro- S. 860 cephalus, and for other purposes; to the Com- At the request of Mr. SMITH, the bill to communicate United States mittee on Health, Education, Labor, and name of the Senator from Minnesota travel policies and improve marketing Pensions. (Ms. KLOBUCHAR) was added as a co- and other activities designed to in- By Mr. STEVENS (for himself and Ms. sponsor of S. 860, a bill to amend title crease travel in the United States from MURKOWSKI): XIX of the Social Security Act to per- abroad. S. Con. Res. 64. A concurrent resolution S. 1771 commending the Alaksa Army National mit States the option to provide Med- icaid coverage for low-income individ- At the request of Mr. PRYOR, the Guard for its service to the State of Alaska name of the Senator from Oregon (Mr. and the citizens of the United States; to the uals infected with HIV. WYDEN) was added as a cosponsor of S. Committee on Armed Services. S. 897 1771, a bill to increase the safety of f At the request of Ms. MIKULSKI, the swimming pools and spas by requiring name of the Senator from Minnesota ADDITIONAL COSPONSORS the use of proper anti-entrapment (Ms. KLOBUCHAR) was added as a co- drain covers and pool and spa drainage S. 38 sponsor of S. 897, a bill to amend the systems, to educate the public about At the request of Mr. DOMENICI, the Internal Revenue Code of 1986 to pro- pool and spa safety, and for other pur- name of the Senator from Kansas (Mr. vide more help to Alzheimer’s disease poses. BROWNBACK) was added as a cosponsor caregivers. S. 1981 of S. 38, a bill to require the Secretary S. 911 of Veterans Affairs to establish a pro- At the request of Mr. REED, the name At the request of Mr. REED, the name of the Senator from Colorado (Mr. gram for the provision of readjustment of the Senator from Illinois (Mr. and mental health services to veterans SALAZAR) was added as a cosponsor of OBAMA) was added as a cosponsor of S. who served in Operation Iraqi Freedom S. 1981, a bill to amend the Elementary 911, a bill to amend the Public Health and Secondary Education Act of 1965 and Operation Enduring Freedom, and Service Act to advance medical re- for other purposes. regarding environmental education, search and treatments into pediatric and for other purposes. S. 261 cancers, ensure patients and families S. 2042 At the request of Ms. CANTWELL, the have access to the current treatments At the request of Ms. STABENOW, the name of the Senator from Colorado and information regarding pediatric name of the Senator from Washington (Mr. SALAZAR) was added as a cospon- cancers, establish a population-based (Mrs. MURRAY) was added as a cospon- sor of S. 261, a bill to amend title 18, national childhood cancer database, sor of S. 2042, a bill to authorize the United States Code, to strengthen pro- and promote public awareness of pedi- Secretary of Health and Human Serv- hibitions against animal fighting, and atric cancers. for other purposes. ices to conduct activities to rapidly ad- S. 1141 vance treatments for spinal muscular S. 329 At the request of Mr. BINGAMAN, the atrophy, neuromuscular disease, and At the request of Mr. CRAPO, the name of the Senator from Maryland other pediatric diseases, and for other name of the Senator from Minnesota (Ms. MIKULSKI) was added as a cospon- purposes. (Ms. KLOBUCHAR) was added as a co- sor of S. 1141, a bill to amend the Inter- S. 2058 sponsor of S. 329, a bill to amend title nal Revenue Code of 1986 to allow em- At the request of Mr. LEVIN, the XVIII of the Social Security Act to ployees not covered by qualified retire- name of the Senator from New Jersey provide coverage for cardiac rehabilita- ment plans to save for retirement (Mr. LAUTENBERG) was added as a co- tion and pulmonary rehabilitation through automatic payroll deposit sponsor of S. 2058, a bill to amend the services. IRAs, to facilitate similar saving by Commodity Exchange Act to close the S. 453 the self-employed, and for other pur- Enron loophole, prevent price manipu- At the request of Mr. SCHUMER, the poses. lation and excessive speculation in the name of the Senator from New Jersey S. 1310 trading of energy commodities, and for (Mr. MENENDEZ) was added as a cospon- At the request of Mr. SCHUMER, the other purposes. sor of S. 453, a bill to prohibit deceptive name of the Senator from North Da- S. 2059 practices in Federal elections. kota (Mr. DORGAN) was added as a co- At the request of Mrs. CLINTON, the S. 596 sponsor of S. 1310, a bill to amend title names of the Senator from Alaska (Ms. At the request of Mr. GREGG, the XVIII of the Social Security Act to MURKOWSKI) and the Senator from Min- name of the Senator from Minnesota provide for an extension of increased nesota (Mr. COLEMAN) were added as co- (Mr. COLEMAN) was added as a cospon- payments for ground ambulance serv- sponsors of S. 2059, a bill to amend the sor of S. 596, a bill to amend the Fed- ices under the Medicare program. Family and Medical Leave Act of 1993 eral Food, Drug, and Cosmetic Act to S. 1466 to clarify the eligibility requirements provide for the regulation of Internet At the request of Mr. DODD, the name with respect to airline flight crews. pharmacies. of the Senator from New Jersey (Mr. S. 2119 S. 714 MENENDEZ) was added as a cosponsor of At the request of Mr. JOHNSON, the At the request of Mr. AKAKA, the S. 1466, a bill to amend the Internal name of the Senator from New Hamp- name of the Senator from Rhode Island Revenue Code of 1986 to exclude prop- shire (Mr. SUNUNU) was added as a co- (Mr. REED) was added as a cosponsor of erty tax rebates and other benefits pro- sponsor of S. 2119, a bill to require the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16007 Secretary of the Treasury to mint sponsor of S. 2510, a bill to amend the Following the September 11 terrorist coins in commemoration of veterans Public Health Service Act to provide attacks, ACN aircraft were the first to who became disabled for life while revised standards for quality assurance be approved to fly in disaster-response serving in the Armed Forces of the in screening and evaluation of teams and supplies. Similarly, in 2005, United States. gynecologic cytology preparations, and ACN pilots flew over 2,600 missions S. 2209 for other purposes. after Hurricanes Katrina and Rita, re- At the request of Mr. HATCH, the S. RES. 389 uniting families torn apart by the dis- name of the Senator from Colorado At the request of Mr. BARRASSO, his aster and relocating them to safe hous- (Mr. ALLARD) was added as a cosponsor name was added as a cosponsor of S. ing. Their service was invaluable to the of S. 2209, a bill to amend the Internal Res. 389, a resolution commemorating thousands of people they saved during Revenue Code of 1986 to provide incen- the 25th Anniversary of the United these national crises. tives to improve America’s research States Air Force Space Command Despite this goodwill, there is a loop- competitiveness, and for other pur- headquartered at Peterson Air Force hole in the law that subjects these he- poses. Base, Colorado. roes and charitable organizations to frivolous, costly lawsuits. Currently, S. 2279 f although volunteer pilots are required At the request of Mr. BIDEN, the STATEMENTS ON INTRODUCED to carry liability insurance, if they name of the Senator from New York BILLS AND JOINT RESOLUTIONS have an accident, the injured party can (Mrs. CLINTON) was added as a cospon- By Mr. INHOFE: sue for any amount of money—the sky sor of S. 2279, a bill to combat inter- S. 11. A bill to provide liability pro- is the limit. It would be up to a jury to national violence against women and tection to volunteer pilot nonprofit or- decide on an amount. If that amount is girls. ganizations that fly for public benefit higher than the liability limit on a pi- S. 2324 and to the pilots and staff of such non- lot’s insurance, then the pilot is at risk At the request of Mrs. MCCASKILL, profit organizations, and for other pur- of losing their personal investments, the name of the Senator from Iowa poses; to the Committee on the Judici- home, business and other assets, poten- (Mr. GRASSLEY) was added as a cospon- ary. tially bringing them financial ruin. sor of S. 2324, a bill to amend the In- Mr. INHOFE. Mr. President, as one of Additionally, the cost of insurance spector General Act of 1978 (5 U.S.C. the Senate’s commercially licensed pi- and lack of available non-owned air- App.) to enhance the Offices of the In- lots, I rise to talk about an issue near craft liability insurance for organiza- spectors General, to create a Council of and dear to my heart—flying. As many tions since the terrorist attacks of Sep- the Inspectors General on Integrity in this Chamber know, I love flying and tember 11 prevents VPOs from acquir- and Efficiency, and for other purposes. have flown thousands of hours, at- ing liability protection for their orga- tended the well-known AirVenture S. 2332 nizations, boards, and staff. Without aviation event in Oshkosh, Wisconsin, At the request of Mr. DORGAN, the this insurance, if a volunteer pilot were each year, and even recreated Wiley name of the Senator from Tennessee to have an accident using his or her Post’s trip around the world. I have re- (Mr. CORKER) was added as a cosponsor own aircraft, everyone connected to ceived notable recognition for this be- of S. 2332, a bill to promote trans- the organization could be subject to a loved hobby. parency in the adoption of new media Today, I am here to acknowledge a costly lawsuit, despite the fact that ownership rules by the Federal Com- group of people who share my love of none of those people were directly in- munications Commission, and to estab- flying—volunteer pilots. Non-profit, volved with the dispatch of the flight, lish an independent panel to make rec- charitable associations called Volun- the pilot’s decisions, or the aircraft ommendations on how to increase the teer Pilot Organizations, VPOs, provide itself. Exposure to this type of risk makes representation of women and minori- the resources to help these self-sacri- ties in broadcast media ownership. ficing men and women serve people in it difficult for these organizations to S. 2425 need. recruit and retain volunteer pilots and At the request of Mrs. HUTCHISON, the There are approximately 40 to 50 professional staff. It also makes refer- names of the Senator from Michigan VPO’s in the United States ranging ring medical professionals such as hos- (Ms. STABENOW) and the Senator from from small, local groups to large, na- pitals, doctors, nurses, social workers, California (Mrs. BOXER) were added as tional associations. Air Charity Net- and disaster agencies like the Amer- cosponsors of S. 2425, a bill to require work, ACN, is the Nation’s largest VPO ican Red Cross, less likely to tell pa- the Secretary of Transportation and and has seven member organizations tients or evacuees that charitable med- the Secretary of Commerce to submit that collectively serve the entire coun- ical air transportation is available for reports to Congress on the commercial try and perform about 90 percent of all fear of a liability suit against them. In- and passenger vehicle traffic at certain charitable aviation missions in the stead of focusing on serving people points of entry, and for other purposes. U.S. ACN’s volunteer pilots provide with medical needs, these organiza- tions are spending considerable time S. 2431 free air transportation for people in and resources averting a lawsuit and At the request of Mr. BROWN, the need of specialized medical treatment recruiting volunteers. names of the Senator from Pennsyl- at distant locations due to family, community or national crises. They This is why today I am introducing vania (Mr. CASEY), the Senator from the Volunteer Pilot Organization Pro- Connecticut (Mr. DODD) and the Sen- also step in when commercial air serv- ice is not available with middle-of-the- tection Act of 2007, which I cosponsored ator from Arkansas (Mrs. LINCOLN) in the last two Congresses, to help were added as cosponsors of S. 2431, a night organ transplant patient flights, disaster response missions evacuating close this costly loophole. My bill bill to address emergency shortages in amends the Volunteer Protection Act food banks. special needs patients, and transport of blood or blood products in emergencies. of 1997, VPA, which was intended to in- S. 2478 ACN and its more than 8,000 volun- crease volunteerism in the United At the request of Mr. SUNUNU, the teer pilots use their own planes, pay States, to include groups such as ACN name of the Senator from Ohio (Mr. for their own fuel, and even take time and the American Red Cross in the list BROWN) was added as a cosponsor of S. from their ‘‘day’’ jobs to serve people of types of organizations that are cur- 2478, a bill to designate the facility of in need. These Good Samaritans will rently exempt from liability. More spe- the United States Postal Service lo- provide charitable flights for an esti- cifically, it will protect volunteer pilot cated at 59 Colby Corner in East Hamp- mated 24,000 patients this year alone organizations, their boards, paid staff stead, New Hampshire, as the ‘‘Captain and their safety record is phenomenal. and non-flying volunteers from liabil- Jonathan D. Grassbaugh Post Office’’. In their more than 30 years of service, ity should there be an accident. It will S. 2510 the pilots of ACN have flown over also provide liability protection for in- At the request of Ms. LANDRIEU, the 250,000 missions covering over 80 mil- dividual volunteer pilots over and name of the Senator from Minnesota lion miles and have never had a fatal above the liability insurance that they (Ms. KLOBUCHAR) was added as a co- accident. are currently required to carry, as well

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16008 CONGRESSIONAL RECORD — SENATE December 19, 2007 as liability protection for the referring sex domestic partners receive fewer try. That anyone should have to make agencies who inform their patients of protections for their families than that choice is a stain on the Sec- charitable flight services. those married employees is patently retary’s leadership and a shame for Similar legislation was introduced in unfair and, frankly, makes no eco- this institution and our country.’’ the Senate in the past several Con- nomic sense. Those are powerful and poignant gresses and passed overwhelmingly in Just ask the leaders of more than words, and it is a tragedy that a loyal the House in the 108th Congress by a half of the Fortune 500 companies who and talented public servant—who de- vote of 385–12 and by voice vote in the already extend employee benefit pro- scribed the Foreign Service as the ca- 109th Congress. Clearly, the Volunteer grams to their employees’ domestic reer he was ‘‘born for . . . what I was Pilot Organization Protection Act has partners. The fact is that most of always meant to do’’—felt he had to significant support. The companion America’s major corporations now leave the Service because his Federal version, H.R. 2191, was introduced in offer health benefits to employees’ do- employee benefits would not enable May by my colleague, Congresswoman mestic partners, up from 25 percent in him to adequately care for the needs of THELMA DRAKE, with ten original, bi- 2000. Overall, more than 9,700 private- his family. partisan cosponsors. sector companies provide available I call upon my colleagues to express My bill will go a long way to help benefits to employees’ domestic part- their support for this important legis- eliminate unnecessary liability risk ners, as do several hundred State and lation. It is time for the Federal Gov- and allow volunteer pilots and the local governments and colleges and ernment to catch up to the private sec- charitable organizations for which they universities. tor, not just to set an example but so fly to concentrate on what they do General Electric, Chevron, Boeing, that it can compete for the most quali- best—save lives. Please join me in sup- Texas Instruments, IBM, Raytheon, fied employees and ensure that all of porting the Volunteer Pilot Organiza- BP, Hospital Corporation of America, our public servants receive fair and eq- tion Protection Act of 2007. Lockheed Martin, Duke Energy Corp., uitable treatment. It makes good eco- and AT&T are among the major em- nomic and policy senses. It is the right By Mr. LIEBERMAN (for himself, ployers that have recognized the eco- thing to do. Mr. SMITH, Mr. AKAKA, Mrs. nomic benefit of providing for domestic Mr. President, I ask unanimous con- BOXER, Mr. BROWN, Ms. CANT- partners. The governments of 13 sent that the text of the bill and a bill WELL, Mr. CARDIN, Mrs. CLIN- States—including, I might add, my summary be printed in the RECORD. TON, Mr. DODD, Mr. DURBIN, Mr. home State of Connecticut—and about S. 2521 FEINGOLD, Mr. KENNEDY, Mr. 145 local jurisdictions across the land, Be it enacted by the Senate and House of Rep- KERRY, Mr. LAUTENBERG, Mr. as well as multiple educational institu- resentatives of the United States of America in LEAHY, Mr. LEVIN, Mrs. MUR- tions, have joined the trend. They Congress assembled, RAY, Mr. OBAMA, Mr. SCHUMER, aren’t all doing this just because it is SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Domestic Mr. WHITEHOUSE, and Mr. the right thing to do. They are also Partnership Benefits and Obligations Act of WYDEN): doing it because it is good business pol- 2007’’. S. 2521. A bill to provide benefits to icy. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF domestic partners of Federal employ- Non-federal employers have told sur- FEDERAL EMPLOYEES. ees; to the Committee on Homeland Se- veyors that they extend benefits to do- (a) IN GENERAL.—An employee who has a curity and Governmental Affairs. mestic partners to boost recruitment domestic partner and the domestic partner Mr. LIEBERMAN. Mr. President, I and retain quality employees—as well of the employee shall be entitled to benefits rise to urge my colleagues to support as to be fair. The Federal Government available to, and shall be subject to obliga- the domestic Partnership Benefits and needs to compete against the private tions imposed upon, a married employee and the spouse of the employee. Obligations Act of 2007, which my good sector companies to recruit and retain (b) CERTIFICATION OF ELIGIBILITY.—In order friend from the other side of the aisle, the ‘‘best and the brightest,’’ to safe- to obtain benefits and assume obligations Senator SMITH, and I introduced last guard the Nation by serving in essen- under this Act, an employee shall file an affi- Congress and are introducing again tial areas such as homeland security, davit of eligibility for benefits and obliga- today, along with 19 other cosponsors. national defense, and environmental tions with the Office of Personnel Manage- This legislation is another step in the protection and to help make sure that ment identifying the domestic partner of the process to make the Federal Govern- American taxpayers get their money’s employee and certifying that the employee ment more competitive in an ever- and the domestic partner of the employee— worth. The Government will always be (1) are each other’s sole domestic partner changing business world. It would re- at a definite disadvantage in com- and intend to remain so indefinitely; quire the Government to extend em- peting for and retaining highly quali- (2) have a common residence, and intend to ployee benefit programs to the same- fied personnel if it cannot match the continue the arrangement; sex domestic partners of Federal em- domestic-partner benefits programs (3) are at least 18 years of age and mentally ployees. It is sound public policy and it provided by leading non-federal em- competent to consent to contract; makes excellent business sense. ployers. (4) share responsibility for a significant Under our bill, Federal employee and Furthermore, coverage of domestic measure of each other’s common welfare and the employee’s domestic partner would partners adds very little to the total financial obligations; (5) are not married to or domestic partners be eligible to participate in health ben- cost of providing employee benefits. with anyone else; efits, Family and Medical Leave, long- Based on the experience of private (6) are same sex domestic partners, and not term care, Federal retirement benefits, companies and State and local govern- related in a way that, if the 2 were of oppo- and other benefits to the same extent ments, the Congressional Budget Office site sex, would prohibit legal marriage in the that married employees and their has estimated that offering benefits to State in which they reside; and spouses participate. Employees and the same-sex domestic partners of Fed- (7) understand that willful falsification of their partners would also assume the eral employees would increase the cost information within the affidavit may lead to disciplinary action and the recovery of the same obligations that apply to married of those programs by less than 1⁄2 of 1 cost of benefits received related to such fal- employees and their spouses, such as percent. sification and may constitute a criminal vio- anti-nepotism rules and financial dis- Our former ambassador to Romania lation. closure requirements. and Dean of the Foreign Service Insti- (c) DISSOLUTION OF PARTNERSHIP.— The Federal Government is our Na- tute recently felt obliged to quit the (1) IN GENERAL.—An employee or domestic tion’s largest employer and should lead Foreign Service because the State De- partner of an employee who obtains benefits other employers, rather than lagging partment does not offer the kind of do- under this Act shall file a statement of dis- behind, in the quest to provide equal mestic partnership benefits that this solution of the domestic partnership with and fair compensation and benefits to bill would provide. Let me read a line the Office of Personnel Management not later than 30 days after the death of the em- all employees. That thousands of Fed- from his farewell speech. He said, ‘‘. . . ployee or the domestic partner or the date of eral workers who have dedicated their I have felt compelled to choose be- dissolution of the domestic partnership. careers to public service and who live tween obligations to my partner—who (2) DEATH OF EMPLOYEE.—In a case in which in committed relationships with same- is my family—and service to my coun- an employee dies, the domestic partner of

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16009 the employee at the time of death shall re- (E) long-term care insurance, as provided partner or otherwise, the employee must file ceive under this Act such benefits as would under chapter 90 of title 5, United States a statement of dissolution with OPM within be received by the widow or widower of an Code; 30 days. employee. (F) compensation for work injuries, as pro- Employees and their domestic partners (3) OTHER DISSOLUTION OF PARTNERSHIP.— vided under chapter 81 of title 5, United will have the same benefits as married em- (A) IN GENERAL.—In a case in which a do- States Code; ployees and their spouses under— mestic partnership dissolves by a method (G) benefits for disability, death, or cap- Employee health benefits. other than death of the employee or domes- tivity, as provided under— Retirement and disability plans. Family, medical, and emergency leave. tic partner of the employee, any benefits re- (i) sections 5569 and 5570 of title 5, United Group life insurance. ceived by the domestic partner as a result of States Code; Long-term care insurance. this Act shall terminate. (ii) section 413 of the Foreign Service Act Compensation for work injuries. (B) EXCEPTION.—In a case in which a do- of 1980 (22 U.S.C. 3973); Death, disability, and similar benefits. mestic partnership dissolves by a method (iii) part L of title I of the Omnibus Crime Relocation, travel, and related expenses. other than death of the employee or domes- Control and Safe Streets Act of 1968 (42 For purposes of these benefits, any natural tic partner of the employee, the former do- U.S.C. 3796 et seq.), insofar as that part ap- or adopted child of the domestic partner will mestic partner of the employee shall be enti- plies to any employee; and be treated as a stepchild of the employee. tled to benefits available to, and shall be (H) travel, transportation, and related pay- The employee and the employee’s domestic subject to obligations imposed upon, a ments and benefits, as provided under— partner will also become subject to the same former spouse. (i) chapter 57 of title 5, United States Code; duties and responsibilities with respect to (d) STEPCHILDREN.—For purposes of afford- (ii) chapter 9 of the Foreign Service Act of federal employment that apply to a married ing benefits under this Act, any natural or 1980 (22 U.S.C. 4081 et seq.); and employee and the employee’s spouse. These adopted child of a domestic partner of an em- (iii) section 1599b of title 10, United States will include, for example, anti-nepotism ployee shall be deemed a stepchild of the em- Code; and rules and financial disclosure requirements. ployee. (I) any other benefit similar to a benefit The Act will apply with respect to those federal employees who are employed on the (e) CONFIDENTIALITY.—Any information described under subparagraphs (A) through date of enactment or who become employed submitted to the Office of Personnel Man- (H) provided by or on behalf of the United on or after that date. agement under subsection (b) shall be used States to any employee. solely for the purpose of certifying an indi- (2) DOMESTIC PARTNER.—The term ‘‘domes- Mr. SMITH. Mr. President, I am very vidual’s eligibility for benefits under sub- tic partner’’ means an adult unmarried per- pleased to join my colleague, Senator section (a). son living with another adult unmarried per- LIEBERMAN, today to introduce legisla- (f) REGULATIONS AND ORDERS.— son of the same sex in a committed, intimate tion that will entitle Federal employ- (1) OFFICE OF PERSONNEL MANAGEMENT.— relationship. ees with same-sex domestic partners to Not later than 6 months after the date of en- (3) EMPLOYEE.—The term ‘‘employee’’— (A) means an officer or employee of the the same employment benefits that are actment of this Act, the Office of Personnel available to married Federal employees Management shall promulgate regulations to United States or of any department, agency, implement section 2 (b) and (c). or other entity of the United States, includ- and their spouses and families. Under (2) OTHER EXECUTIVE BRANCH REGULA- ing the President of the United States, the the Domestic Partnership Benefits and TIONS.—Not later than 6 months after the Vice President of the United States, a Mem- Obligations Act of 2007, employees and date of enactment of this Act, the President ber of Congress, or a Federal judge; and their domestic partners would have or designees of the President shall promul- (B) shall not include a member of the uni- similar access to employee health ben- gate regulations to implement this Act with formed services. efits, retirement, and disability plans, respect to benefits and obligations adminis- (4) OBLIGATIONS.—The term ‘‘obligations’’ means any duties or responsibilities with re- family medical and emergency leave, tered by agencies or other entities of the ex- group life and long-term care insur- ecutive branch. spect to Federal employment that would be (3) OTHER REGULATIONS AND ORDERS.—Not incurred by a married employee or by the ance, compensation for work injuries, later than 6 months after the date of enact- spouse of an employee. death and disability benefits, and relo- ment of this Act, each agency or other enti- (5) UNIFORMED SERVICES.—The term ‘‘uni- cation and travel expenses. ty or official not within the executive branch formed services’’ has the meaning given More and more American corpora- that administers a program providing bene- under section 2101(3) of title 5, United States tions, as well as State and local gov- fits or imposing obligations shall promulgate Code. ernments, are offering domestic part- regulations or orders to implement this Act SEC. 3. EFFECTIVE DATE. ner benefits. Approximately half of with respect to the program. This Act including the amendments made Fortune 500 companies now offer health by this Act shall— (4) PROCEDURE.—Regulations and orders re- benefits to employees’ domestic part- quired under this subsection shall be promul- (1) with respect to the provision of benefits gated after notice to interested persons and and obligations, take effect 6 months after ners. That is up from 25 percent in 2000. an opportunity for comment. the date of enactment of this Act; and In all, more than 9,700 private compa- (g) DEFINITIONS.—In this Act: (2) apply to any individual who is employed nies as well as several hundred State (1) BENEFITS.—The term ‘‘benefits’’ as an employee on or after the date of enact- and local government and universities means— ment of this Act. and colleges offer these benefits. (A) health insurance and enhanced dental Private and governmental employers and vision benefits, as provided under chap- DOMESTIC PARTNERSHIP BENEFITS AND are offering domestic partner benefits OBLIGATIONS ACT OF 2007 ters 89, 89A, and 89B of title 5, United States for a variety of reasons. Chief among SUMMARY Code; these reasons are recruitment and re- (B) retirement and disability benefits and Under the Domestic Partnership Benefits tention of employees. To be competi- plans, as provided under— and Obligations Act of 2007, federal employ- (i) chapters 83 and 84 of title 5, United ees who have same-sex domestic partners tive, companies want to attract and re- States Code; will be entitled to the same employment tain the best and the brightest in the (ii) chapter 8 of the Foreign Service Act of benefits that are available to married federal workforce regardless of their family 1980 (22 U.S.C. 4041 et seq.); and employees and their spouses. Federal em- status. Offering work-life benefits has (iii) the Central Intelligence Agency Re- ployees and their domestic partners will also been an important tool to retain valu- tirement Act of 1964 for Certain Employees be subject to the same employment-related able employees. In addition, more em- (50 U.S.C. chapter 38); obligations that are imposed on married em- ployers providing domestic partner (C) family, medical, and emergency leave, ployees and their spouses. as provided under— In order to obtain benefits and assume ob- benefits may result in a more stable (i) subchapters III, IV, and V of chapter 63 ligations, an employee must file an affidavit workforce. If an employee’s domestic of title 5, United States Code; of eligibility with the Office of Personnel partner has access to preventative (ii) the Family and Medical Leave Act of Management (OPM). The employee must cer- health care, the employee is less likely 1993 (29 U.S.C. 2601 et seq.), insofar as that tify that the employee and the employee’s to take prolonged absences from the Act applies to the Government Account- same-sex domestic partner have a common job to care for their partner. ability Office and the Library of Congress; residence, share responsibility for each oth- While all these reasons are meri- (iii) section 202 of the Congressional Ac- er’s welfare and financial responsibilities, torious, we introduced this legislation countability Act of 1995 (2 U.S.C. 1312); and are not related by blood, and are living to- as a matter of equality. It is just the (iv) section 412 of title 3, United States gether in a committed intimate relationship. Code; They must also certify that, as each other’s right thing to do. The Federal Govern- (D) Federal group life insurance, as pro- sole domestic partner, they intend to remain ment should lead by example and that vided under chapter 87 of title 5, United so indefinitely. If a domestic partnership dis- should start with equal treatment of States Code; solves, whether by death of the domestic all employees.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16010 CONGRESSIONAL RECORD — SENATE December 19, 2007 Recently, a top State Department having a fair and consistent policy, and Family Foundation, there are still over employee and former Ambassador to I hope that the Senate will act quickly 9 million uninsured children in Amer- Romania, Michael Guest, announced on this important legislation. ica. We can and must do better. Our his decision to leave Government serv- children are our future. No child in this ice. At his retirement ceremony, Am- Mr. ROCKEFELLER (for himself, country should ever be without access bassador Guest stated, ‘‘Most departing Mr. LIEBERMAN, and Mr. to health care. This is why I am proud ambassadors use these events to talk KERRY): to reintroduce the MediKids Health In- about their successes . . . But I want to S. 2522. A bill to amend the Social Se- surance Act. talk about my single failure, the fail- curity Act to guarantee comprehensive This legislation is a clear investment ure that in fact is causing me to leave health care coverage for all children in our future—our children. Every the career that I love.’’ The failure born after 2008; to the Committee on child would be automatically enrolled which Mike spoke of was his inability Finance. at birth into a new, comprehensive fed- to convince the Federal Government to Mr. ROCKEFELLER. Mr. President, I eral safety net health insurance pro- extend employee benefits to same-sex rise today to introduce an important gram beginning in 2009. The benefits couples. Because the Federal Govern- piece of legislation, the MediKids would be tailored to meet the needs of ment does not offer domestic partner Health Insurance Act of 2007. This leg- children and would be similar to those benefits, Ambassador Guest explained islation will provide health insurance currently avable to chldren through that he ‘‘felt compelled to choose be- for every child in the U.S. by 2014, re- the Medicaid Early and Periodic tween obligations to my partner—who gardless of family income. My long- Screening, Diagnosis, and Treatment, is my family—and service to my coun- time friend from California, Congress- EPSDT, program. Families below 150 try.’’ man STARK, introduced companion leg- percent of poverty would pay no pre- This legislation will help to ensure islation earlier this year in the House. miums or copayments, while those be- that no other Federal employee, like He has worked tirelessly to improve ac- tween 150 and 300 percent of poverty Ambassador Guest, will be faced with a cess to health care for all Americans, would pay graduated premiums up to 5 similar dilemma—that is, a choice be- and I am pleased to join him once percent of income and a graduated re- tween one’s family or service to their again to advocate on behalf of Amer- fundable tax credit for cost sharing. country. ica’s children. Families above 300 percent of poverty Mr. LEAHY. Mr. President, I am This past year, the majority in Con- would pay a small premium equivalent proud to cosponsor the Domestic Part- gress made it clear that improving to 1⁄4 of the average annual cost per nership Benefits and Obligations Act of health care access for children was a child. There would be no cost sharing 2007, being introduced today by Sen- priority. I proudly worked with my col- for preventive or well-child visits for ators LIEBERMAN and SMITH. I cospon- leagues in a truly bipartisan fashion to any child. sored this legislation in the last Con- reauthorize and expand the Children’s MediKids children would remain en- gress and I am pleased to do so again. Health Insurance Program, CHIP, to rolled in the program throughout This important legislation would pro- meet the serious health care needs of childhood. When families move to an- vide domestic partners of Federal em- children in a very cost-effective man- other state, Medikids would be avail- ployees the same protections and bene- ner. This legislation, which had the able until parents enroll their children fits afforded to spouses of Federal em- support of Democrats and Republicans in a new insurance program. Between ployees. These benefits, available for in both chambers of Congress, would jobs or during family crises, Medikids both same and opposite-sex domestic have maintained health insurance cov- would offer extra security and ensure partners of Federal employees, would erage for the over 6 million children continuous health coverage to our Na- include participation in applicable re- currently enrolled and expanded health tion’s children. During the critical pe- tirement programs, compensation for insurance coverage to an additional 4 riod when a family climbs out of pov- work injuries and insurance benefits, million uninsured children. Unfortu- erty and out of the eligibility range for including life, Family and Medical nately, the President, in vetoing this means-tested assistance programs, Leave and health insurance. legislation not once, but twice, has MediKids would fill in the gaps as par- Equal pay for equal work is a corner- shown the nation that providing health ents move into jobs that provide reli- stone of our country’s bedrock prin- insurance to children is simply not a able health insurance coverage. Our ciples, and so too should equal access priority. I am outraged by the Presi- program rests on the premise that to important benefits. Insurance bene- dent’s decision to veto this legislation whenever other sources of health insur- fits, work incentives and retirement multiple times, but I remain com- ance fail, MediKids would stand ready options comprise a significant portion mitted to making health insurance a to cover the health needs of our next of all employee compensation. By not reality for all children. generation. Ultimately, every child in offering domestic partnership benefits Congressman STARK and I have intro- America would grow up with con- to its employees, the Federal govern- duced our MediKids legislation in each sistent, continuous health insurance ment is unfairly withholding these val- of the last four Congresses because we coverage. uable options from dedicated employ- know how vital health insurance is to Like Medicare, MediKids would be ees across the country. a child. Children with untreated ill- independently financed, would cover The idea that benefits should be ex- nesses are more likely to miss school, benefits taylored to the needs of its tended to same sex couples has become leaving them at a disadvantage both in target population, and would have the increasingly prevalent in America’s their health and education. Also, par- goal of achieving nearly 100 percent largest and most successful companies, ents with sick children must miss work health insurance coverage for the chil- state and local governments, and in to care for them. These factors make it dren of this country just as Medicare educational institutions. Over half of less likely uninsured children will has done for our Nation’s seniors and all Fortune 500 companies provide do- move out of poverty and present sig- individuals with disabilities through- mestic partner benefits to their em- nificant barriers to becoming produc- out its more than 40-year history. ployees, up from just 25 percent in 2000. tive members of society. We can have a When Congress created Medicare in Offering domestic partnership benefits positive impact on our children’s lives 1965, seniors were more likely to be liv- to Federal employees would improve today, as well as tomorrow, by guaran- ing in poverty than any other age the quality of its workforce, dem- teeing health insurance coverage for group. Most were unable to afford need- onstrate its commitment to fairness all. Children are inexpensive to insure, ed medical services and unable to find and equality for all Americans, and but the rewards for providing them health insurance in the market even if bring the Government in line with with health care during their early they could afford it. Today, it is our some of the Nation’s largest employers. education and development years are Nation’s children who shoulder that Providing benefits to domestic part- invaluable. burden of poverty. ners of Federal employees is long over- Despite the well-documented benefits Children in America are nearly twice due. It is the right thing to do, it is the of providing health insurance coverage as vulnerable to poverty as adults. It is sensible step to take in the interest of for children, according to the Kaiser time we make a significant investment

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16011 in the future of America by guaran- in employment over the working lifetime of ‘‘(D) FOURTH YEAR.—As of the first day of teeing all children the health coverage parents, the need for a reliable safety net of the fourth year in which this title is effec- they need to get a healthy start in life. health insurance which follows children tive, the individual has not attained 21 years Congress cannot rest on the success across State lines, already a major problem of age. for the children of migrant and seasonal ‘‘(E) FIFTH AND SUBSEQUENT YEARS.—As of we achieved by expanding Medicaid and farmworkers, will become a major concern the first day of the fifth year in which this passing the Children’s Health Insur- for all families in the United States. title is effective and each subsequent year, ance Program. Although each was a re- (5) The medicare program has successfully the individual has not attained 23 years of markable step toward reducing the evolved over the years to provide a stable, age. ranks of the uninsured, particularly universal source of health insurance for the ‘‘(2) CITIZENSHIP.—The individual is a cit- uninsured children, we still have a long nation’s disabled and those over age 65, and izen or national of the United States or is way to go, as is evidenced by the mil- provides a tested model for designing a pro- permanently residing in the United States lions of children who are still unin- gram to reach out to America’s children. under color of law. (6) The problem of insuring 100 percent of ‘‘(b) ENROLLMENT PROCESS.—An individual sured. all American children could be gradually may enroll in the program established under It’s long past time to rekindle the solved by automatically enrolling all chil- this title only in such manner and form as discussion about how to provide health dren born after December 31, 2008, in a pro- may be prescribed by regulations, and only insurance for all Americans. Americans gram modeled after Medicare (and to be during an enrollment period prescribed by have told us loud and clear that they known as ‘‘MediKids’’), and allowing those the Secretary consistent with the provisions want leadership in solving the health children to be transferred into other equiva- of this section. Such regulations shall pro- vide a process under which— insurance crisis. The bill I am intro- lent or better insurance programs, including either private insurance, SCHIP, or Med- ‘‘(1) individuals who are born in the United ducing today—the MediKids Health In- States after December 31, 2008, are deemed to surance Act of 2007—is a comprehensive icaid, if they are eligible to do so, but main- taining the child’s default enrollment in be enrolled at the time of birth and a parent approach toward eliminating the irra- MediKids for any times when the child’s ac- or guardian of such an individual is per- tional and tragic lack of health insur- cess to other sources of insurance is lost. mitted to pre-enroll in the month prior to ance for so many children in our coun- (7) A family’s freedom of choice to use the expected month of birth; try. I urge my colleagues to support other insurers to cover children would not be ‘‘(2) individuals who are born outside the this legislation. interfered with in any way, and children eli- United States after such date and who be- Mr. President, I ask unanimous con- gible for SCHIP and Medicaid would con- come eligible to enroll by virtue of immigra- tion into (or an adjustment of immigration sent that the text of the bill be printed tinue to be enrolled in those programs, but the underlying safety net of MediKids would status in) the United States are deemed en- in the RECORD. always be available to cover any gaps in in- rolled at the time of entry or adjustment of There being no objection, the text of surance due to changes in medical condition, status; the bill was ordered to be printed in employment, income, or marital status, or ‘‘(3) eligible individuals may otherwise be the RECORD, as follows: other changes affecting a child’s access to al- enrolled at such other times and manner as S. 2522 ternate forms of insurance. the Secretary shall specify, including the use of outstationed eligibility sites as described Be it enacted by the Senate and House of Rep- (8) The MediKids program can be adminis- in section 1902(a)(55)(A) and the use of pre- resentatives of the United States of America in tered without impacting the finances or sta- sumptive eligibility provisions like those de- Congress assembled, tus of the existing Medicare program. (9) The MediKids benefit package can be scribed in section 1920A; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ‘‘(4) at the time of automatic enrollment of FINDINGS. tailored to the special needs of children and a child, the Secretary provides for issuance (a) SHORT TITLE.—This Act may be cited as updated over time. to a parent or custodian of the individual a the ‘‘MediKids Health Insurance Act of 2007’’. (10) The financing of the program can be card evidencing coverage under this title and (b) TABLE OF CONTENTS.—The table of con- administered without difficulty by a yearly for a description of such coverage. tents of this Act is as follows: payment of affordable premiums through a family’s tax filing (or adjustment of a fam- The provisions of section 1837(h) apply with Sec. 1. Short title; table of contents; find- respect to enrollment under this title in the ings. ily’s earned income tax credit). (11) The cost of the program will gradually same manner as they apply to enrollment Sec. 2. Benefits for all children born after under part B of title XVIII. An individual rise as the number of children using 2008. who is enrolled under this title is not eligible MediKids as the insurer of last resort in- ‘‘TITLE XXII—MEDIKIDS PROGRAM to be enrolled under an MA or MA–PD plan creases, and a future Congress always can ac- under part C of title XVIII. ‘‘Sec. 2201. Eligibility. celerate or slow down the enrollment process ‘‘(c) DATE COVERAGE BEGINS.— ‘‘Sec. 2202. Benefits. as desired, while the societal costs for emer- ‘‘Sec. 2203. Premiums. ‘‘(1) IN GENERAL.—The period during which gency room usage, lost productivity and an individual is entitled to benefits under ‘‘Sec. 2204. MediKids Trust Fund. work days, and poor health status for the ‘‘Sec. 2205. Oversight and accountability. this title shall begin as follows, but in no next generation of Americans will decline. ‘‘Sec. 2206. Inclusion of care coordina- case earlier than January 1, 2009: (12) Over time 100 percent of American tion services. ‘‘(A) In the case of an individual who is en- ‘‘Sec. 2207. Administration and miscella- children will always have basic health insur- rolled under paragraph (1) or (2) of sub- neous. ance, and we can therefore expect a section (b), the date of birth or date of ob- Sec. 3. MediKids premium. healthier, more equitable, and more produc- taining appropriate citizenship or immigra- Sec. 4. Refundable credit for certain cost- tive society. tion status, as the case may be. sharing expenses under SEC. 2. BENEFITS FOR ALL CHILDREN BORN ‘‘(B) In the case of another individual who MediKids program. AFTER 2008. enrolls (including pre-enrolls) before the (a) IN GENERAL.—The Social Security Act Sec. 5. Report on long-term revenues. month in which the individual satisfies eligi- is amended by adding at the end the fol- (c) FINDINGS.—Congress finds the following: bility for enrollment under subsection (a), lowing new title: (1) More than 9 million American children the first day of such month of eligibility. are uninsured. ‘‘TITLE XXII—MEDIKIDS PROGRAM ‘‘(C) In the case of another individual who (2) Children who are uninsured receive less ‘‘SEC. 2201. ELIGIBILITY. enrolls during or after the month in which medical care and less preventive care and ‘‘(a) ELIGIBILITY OF INDIVIDUALS BORN the individual first satisfies eligibility for have a poorer level of health, which result in AFTER DECEMBER 31, 2008; ALL CHILDREN enrollment under such subsection, the first lifetime costs to themselves and to the en- UNDER 23 YEARS OF AGE IN FIFTH YEAR.—An day of the following month. tire American economy. individual who meets the following require- ‘‘(2) AUTHORITY TO PROVIDE FOR PARTIAL (3) Although SCHIP and Medicaid are suc- ments with respect to a month is eligible to MONTHS OF COVERAGE.—Under regulations, cessfully extending a health coverage safety enroll under this title with respect to such the Secretary may, in the Secretary’s discre- net to a growing portion of the vulnerable month: tion, provide for coverage periods that in- low-income population of uninsured chil- ‘‘(1) AGE.— clude portions of a month in order to avoid dren, they alone cannot achieve 100 percent ‘‘(A) FIRST YEAR.—As of the first day of the lapses of coverage. health insurance coverage for our nation’s first year in which this title is effective, the ‘‘(3) LIMITATION ON PAYMENTS.—No pay- children due to inevitable gaps during out- individual has not attained 6 years of age. ments may be made under this title with re- reach and enrollment, fluctuations in eligi- ‘‘(B) SECOND YEAR.—As of the first day of spect to the expenses of an individual en- bility, variations in access to private insur- the second year in which this title is effec- rolled under this title unless such expenses ance at all income levels, and variations in tive, the individual has not attained 11 years were incurred by such individual during a pe- States’ ability to provide required matching of age. riod which, with respect to the individual, is funds. ‘‘(C) THIRD YEAR.—As of the first day of the a coverage period under this section. (4) As all segments of society continue to third year in which this title is effective, the ‘‘(d) EXPIRATION OF ELIGIBILITY.—An indi- become more transient, with many changes individual has not attained 16 years of age. vidual’s coverage period under this section

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16012 CONGRESSIONAL RECORD — SENATE December 19, 2007 shall continue until the individual’s enroll- quired to be provided under section for the following year. Subject to paragraph ment has been terminated because the indi- 1902(a)(10)(A) to individuals described in such (2), the monthly MediKids premium for a vidual no longer meets the requirements of section, including early and periodic screen- year is equal to 1⁄12 of the annual premium subsection (a) (whether because of age or ing, diagnostic services, and treatment serv- rate computed under subsection (b). change in immigration status). ices. ‘‘(2) ELIMINATION OF MONTHLY PREMIUM FOR ‘‘(e) ENTITLEMENT TO MEDIKIDS BENEFITS ‘‘(3) INCLUSION OF PRESCRIPTION DRUGS.— DEMONSTRATION OF EQUIVALENT COVERAGE (IN- FOR ENROLLED INDIVIDUALS.—An individual Such benefits also shall include (as specified CLUDING COVERAGE UNDER LOW-INCOME PRO- enrolled under this title is entitled to the by the Secretary) benefits for prescription GRAMS).—The amount of the monthly pre- benefits described in section 2202. drugs and biologicals which are not less than mium imposed under this section for an indi- ‘‘(f) LOW-INCOME INFORMATION.— the benefits for such drugs and biologicals vidual for a month shall be zero in the case ‘‘(1) INQUIRY OF INCOME.—At the time of en- under the standard option for the service of an individual who demonstrates to the rollment of a child under this title, the Sec- benefit plan described in section 8903(1) of satisfaction of the Secretary that the indi- retary shall make an inquiry as to whether title 5, United States Code, offered during vidual has basic health insurance coverage the family income (as determined for pur- 2007. for that month. For purposes of the previous poses of section 1905(p)) of the family that in- ‘‘(4) COST-SHARING.— sentence enrollment in a medicaid plan cludes the child is within any of the fol- ‘‘(A) IN GENERAL.—Subject to subparagraph under title XIX, a State child health insur- lowing income ranges: (B), such benefits also shall include the cost- ance plan under title XXI, or under the medi- ‘‘(A) UP TO 150 PERCENT OF POVERTY.—The sharing (in the form of deductibles, coinsur- care program under title XVIII is deemed to income of the family does not exceed 150 per- ance, and copayments) which is substan- constitute basic health insurance coverage cent of the poverty line for a family of the tially similar to such cost-sharing under the described in such sentence. size involved. health benefits coverage in any of the four ‘‘(b) ANNUAL PREMIUM.— ‘‘(B) BETWEEN 150 AND 200 PERCENT OF POV- largest health benefits plans (determined by ‘‘(1) NATIONAL PER CAPITA AVERAGE.—The ERTY.—The income of the family exceeds 150 enrollment) offered under chapter 89 of title Secretary shall estimate the average, annual percent, but does not exceed 200 percent, of 5, United States Code, and including an out- per capita amount that would be payable such poverty line. of-pocket limit for catastrophic expenditures under this title with respect to individuals residing in the United States who meet the ‘‘(C) BETWEEN 200 AND 300 PERCENT OF POV- for covered benefits, except that no cost- requirement of section 2201(a)(1) as if all ERTY.—The income of the family exceeds 200 sharing shall be imposed with respect to percent, but does not exceed 300 percent, of early and periodic screening and diagnostic such individuals were eligible for (and en- rolled) under this title during the entire year such poverty line. services included under paragraph (2). (and assuming that section 1862(b)(2)(A)(i) ‘‘(2) CODING.—If the family income is with- ‘‘(B) REDUCED COST-SHARING FOR LOW IN- did not apply). in a range described in paragraph (1), the COME CHILDREN.—Such benefits shall provide ‘‘(2) ANNUAL PREMIUM.—Subject to sub- Secretary shall encode in the identification that— section (d), the annual premium under this card issued in connection with eligibility ‘‘(i) there shall be no cost-sharing for chil- subsection for months in a year is equal to 25 under this title a code indicating the range dren in families the income of which is with- percent of the average, annual per capita applicable to the family of the child in- in the range described in section 2201(f)(1)(A); amount estimated under paragraph (1) for volved. ‘‘(ii) the cost-sharing otherwise applicable the year. ‘‘(3) PROVIDER VERIFICATION THROUGH ELEC- shall be reduced by 75 percent for children in ‘‘(c) PAYMENT OF MONTHLY PREMIUM.— TRONIC SYSTEM.—The Secretary also shall families the income of which is within the ‘‘(1) PERIOD OF PAYMENT.—In the case of an provide for an electronic system through range described in section 2201(f)(1)(B); or individual who participates in the program which providers may verify which income ‘‘(iii) the cost-sharing otherwise applicable established by this title, subject to sub- range described in paragraph (1), if any, is shall be reduced by 50 percent for children in section (d), the monthly premium shall be applicable to the family of the child in- families the income of which is within the payable for the period commencing with the volved. range described in section 2201(f)(1)(C). first month of the individual’s coverage pe- ‘‘(g) CONSTRUCTION.—Nothing in this title ‘‘(C) CATASTROPHIC LIMIT ON COST-SHAR- riod and ending with the month in which the shall be construed as requiring (or pre- ING.—For a refundable credit for cost-sharing individual’s coverage under this title termi- venting) an individual who is enrolled under in the case of cost-sharing in excess of a per- nates. this title from seeking medical assistance centage of the individual’s adjusted gross in- ‘‘(2) COLLECTION THROUGH TAX RETURN.— under a State medicaid plan under title XIX come, see section 36 of the Internal Revenue For provisions providing for the payment of or child health assistance under a State Code of 1986. monthly premiums under this subsection, child health plan under title XXI. ‘‘(c) PAYMENT SCHEDULE.—The Secretary, see section 59B of the Internal Revenue Code ‘‘SEC. 2202. BENEFITS. with the assistance of the Medicare Payment of 1986. Advisory Commission, shall develop and im- ‘‘(a) SECRETARIAL SPECIFICATION OF BEN- ‘‘(3) PROTECTIONS AGAINST FRAUD AND plement a payment schedule for benefits cov- EFIT PACKAGE.— ABUSE.—The Secretary shall develop, in co- ‘‘(1) IN GENERAL.—The Secretary shall ered under this title. To the extent feasible, ordination with States and other health in- specify the benefits to be made available such payment schedule shall be consistent surance issuers, administrative systems to under this title consistent with the provi- with comparable payment schedules and re- ensure that claims which are submitted to sions of this section and in a manner de- imbursement methodologies applied under more than one payor are coordinated and du- signed to meet the health needs of enrollees. parts A and B of title XVIII. plicate payments are not made. ‘‘(2) UPDATING.—The Secretary shall up- ‘‘(d) INPUT.—The Secretary shall specify ‘‘(d) REDUCTION IN PREMIUM FOR CERTAIN date the specification of benefits over time such benefits and payment schedules only LOW-INCOME FAMILIES.—For provisions re- to ensure the inclusion of age-appropriate after obtaining input from appropriate child ducing the premium under this section for benefits to reflect the enrollee population. health providers and experts. certain low-income families, see section ‘‘(3) ANNUAL UPDATING.—The Secretary ‘‘(e) ENROLLMENT IN HEALTH PLANS.—The 59B(d) of the Internal Revenue Code of 1986. shall establish procedures for the annual re- Secretary shall provide for the offering of ‘‘SEC. 2204. MEDIKIDS TRUST FUND. view and updating of such benefits to ac- benefits under this title through enrollment ‘‘(a) ESTABLISHMENT OF TRUST FUND.— count for changes in medical practice, new in a health benefit plan that meets the same ‘‘(1) IN GENERAL.—There is hereby created information from medical research, and (or similar) requirements as the require- on the books of the Treasury of the United other relevant developments in health ments that apply to Medicare Advantage States a trust fund to be known as the science. plans under part C of title XVIII (other than ‘MediKids Trust Fund’ (in this section re- ‘‘(4) INPUT.—The Secretary shall seek the any such requirements that relate to part D ferred to as the ‘Trust Fund’). The Trust input of the pediatric community in speci- of such title). In the case of individuals en- Fund shall consist of such gifts and bequests fying and updating such benefits. rolled under this title in such a plan, the as may be made as provided in section ‘‘(5) LIMITATION ON UPDATING.—In no case payment rate shall be based on payment 201(i)(1) and such amounts as may be depos- shall updating of benefits under this sub- rates provided for under section 1853(c) in ef- ited in, or appropriated to, such fund as pro- section result in a failure to provide benefits fect before the date of the enactment of the vided in this title. required under subsection (b). Medicare Prescription Drug, Modernization, ‘‘(2) PREMIUMS.—Premiums collected under ‘‘(b) INCLUSION OF CERTAIN BENEFITS.— and Improvement Act of 2003 (Public Law section 59B of the Internal Revenue Code of ‘‘(1) MEDICARE CORE BENEFITS.—Such bene- 108–173), except that such payment rates 1986 shall be periodically transferred to the fits shall include (to the extent consistent shall be adjusted in an appropriate manner Trust Fund. with other provisions of this section) at least to reflect differences between the population ‘‘(3) TRANSITIONAL FUNDING BEFORE RECEIPT the same benefits (including coverage, ac- served under this title and the population OF PREMIUMS.—In order to provide for funds cess, availability, duration, and beneficiary under title XVIII. in the Trust Fund to cover expenditures rights) that are available under parts A and ‘‘SEC. 2203. PREMIUMS. from the fund in advance of receipt of pre- B of title XVIII. ‘‘(a) AMOUNT OF MONTHLY PREMIUMS.— miums under section 2203, there are trans- ‘‘(2) ALL REQUIRED MEDICAID BENEFITS.— ‘‘(1) IN GENERAL.—The Secretary shall, dur- ferred to the Trust Fund from the general Such benefits shall also include all items and ing September of each year (beginning with fund of the United States Treasury such services for which medical assistance is re- 2008), establish a monthly MediKids premium amounts as may be necessary.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16013

‘‘(b) INCORPORATION OF PROVISIONS.— eligibility for services under this section of ‘‘(B) PAYMENT FOR SERVICES.—The Sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), individuals who are enrolled in the program retary may negotiate or otherwise establish subsection (b) (other than the last sentence) under this section and who make application payment terms and rates for services de- and subsections (c) through (i) of section 1841 for such services in such form and manner as scribed in subsection (d)(1). shall apply with respect to the Trust Fund the Secretary may prescribe. ‘‘(C) LIABILITY.—Care coordinators shall be and this title in the same manner as they ‘‘(2) ENROLLMENT PERIOD.— subject to liability for actual health dam- apply with respect to the Federal Supple- ‘‘(A) EFFECTIVE DATE AND DURATION.—En- ages which may be suffered by recipients as mentary Medical Insurance Trust Fund and rollment of an individual in the program a result of the care coordinator’s decisions, part B, respectively. under this section shall be effective as of the failure or delay in making decisions, or other ‘‘(2) MISCELLANEOUS REFERENCES.—In ap- first day of the month following the month actions as a care coordinator. plying provisions of section 1841 under para- in which the Secretary approves the individ- ‘‘(D) TERMS.—In addition to such other graph (1)— ual’s application under paragraph (1), shall terms as the Secretary may require, an ‘‘(A) any reference in such section to ‘this remain in effect for one month (or such agreement under this section shall include part’ is construed to refer to title XXII; longer period as the Secretary may specify), the terms specified in subparagraphs (A) ‘‘(B) any reference in section 1841(h) to sec- and shall be automatically renewed for addi- through (C) of section 1905(t)(3). tion 1840(d) and in section 1841(i) to sections tional periods, unless terminated in accord- ‘‘SEC. 2207. ADMINISTRATION AND MISCELLA- 1840(b)(1) and 1842(g) are deemed references ance with such procedures as the Secretary NEOUS. to comparable authority exercised under this shall establish by regulation. Such proce- ‘‘(a) IN GENERAL.—Except as otherwise pro- title; dures shall permit an individual to disenroll vided in this title— ‘‘(C) payments may be made under section for cause at any time and without cause at ‘‘(1) the Secretary shall enter into appro- 1841(g) to the Trust Funds under sections re-enrollment intervals. priate contracts with providers of services, 1817 and 1841 as reimbursement to such funds ‘‘(B) LIMITATION ON REENROLLMENT.—The other health care providers, carriers, and fis- for payments they made for benefits pro- Secretary may establish limits on an indi- cal intermediaries, taking into account the vided under this title; and vidual’s eligibility to reenroll in the pro- types of contracts used under title XVIII ‘‘(D) the Board of Trustees of the MediKids gram under this section if the individual has with respect to such entities, to administer Trust Fund shall be the same as the Board of disenrolled from the program more than the program under this title; Trustees of the Federal Supplementary Med- once during a specified time period. ‘‘(2) beneficiary protections for individuals ical Insurance Trust Fund. ‘‘(d) PROGRAM.—The care coordination enrolled under this title shall not be less ‘‘SEC. 2205. OVERSIGHT AND ACCOUNTABILITY. services program under this section shall in- than the beneficiary protections (including ‘‘(a) PERIODIC GAO REPORTS.—The Comp- clude the following elements: limits on balance billing) provided medicare troller General of the United States shall pe- ‘‘(1) BASIC CARE COORDINATION SERVICES.— beneficiaries under title XVIII; riodically submit to Congress reports on the ‘‘(A) IN GENERAL.—Subject to the cost-ef- ‘‘(3) benefits described in section 2202 that operation of the program under this title, in- fectiveness criteria specified in subsection are payable under this title to such individ- cluding on the financing of coverage pro- (b)(1), except as otherwise provided in this uals shall be paid in a manner specified by vided under this title. section, enrolled individuals shall receive the Secretary (taking into account, and ‘‘(b) PERIODIC MEDPAC REPORTS.—The services described in section 1905(t)(1) and based to the greatest extent practicable Medicare Payment Advisory Commission may receive additional items and services as upon, the manner in which they are provided shall periodically report to Congress con- under title XVIII); and cerning the program under this title. described in subparagraph (B). ‘‘(B) ADDITIONAL BENEFITS.—The Secretary ‘‘(4) provider participation agreements ‘‘SEC. 2206. INCLUSION OF CARE COORDINATION under title XVIII shall apply to enrollees and SERVICES. may specify additional benefits for which payment would not otherwise be made under benefits under this title in the same manner ‘‘(a) IN GENERAL.— as they apply to enrollees and benefits under ‘‘(1) PROGRAM AUTHORITY.—The Secretary, this title that may be available to individ- uals enrolled in the program under this sec- title XVIII. beginning in 2009, may implement a care co- ‘‘(b) COORDINATION WITH MEDICAID AND ordination services program in accordance tion (subject to an assessment by the care coordinator of an individual’s circumstance SCHIP.—Notwithstanding any other provi- with the provisions of this section under sion of law, individuals entitled to benefits which, in appropriate circumstances, eligible and need for such benefits) in order to en- courage enrollment in, or to improve the ef- for items and services under this title who individuals under section 2201 may elect to also qualify for benefits under title XIX or fectiveness of, such program. have health care services covered under this XXI or any other Federally funded health ‘‘(2) CARE COORDINATION REQUIREMENT.— title managed and coordinated by a des- care program that provides basic health in- Notwithstanding any other provision of this ignated care coordinator. surance coverage described in section title, the Secretary may provide that an in- ‘‘(2) ADMINISTRATION BY CONTRACT.—The 2203(a)(2) may continue to qualify and obtain Secretary may administer the program dividual enrolled in the program under this benefits under such other title or program, under this section through a contract with section may be entitled to payment under and in such case such an individual shall an appropriate program administrator. this title for any specified health care items elect either— ‘‘(3) COVERAGE.—Care coordination services or services only if the items or services have ‘‘(1) such other title or program to be pri- furnished in accordance with this section been furnished by the care coordinator, or mary payor to benefits under this title, in shall be treated under this title as if they coordinated through the care coordination which case no benefits shall be payable under were included in the definition of medical services program. Under such provision, the this title and the monthly premium under and other health services under section Secretary shall prescribe exceptions for section 2203 shall be zero; or 1861(s) and benefits shall be available under emergency medical services as described in ‘‘(2) benefits under this title shall be pri- this title with respect to such services with- section 1852(d)(3), and other exceptions deter- mary payor to benefits provided under such out the application of any deductible or coin- mined by the Secretary for the delivery of title or program, in which case the Secretary surance. timely and needed care. shall enter into agreements with States as ‘‘(b) ELIGIBILITY CRITERIA; IDENTIFICATION ‘‘(e) CARE COORDINATORS.— may be appropriate to provide that, in the AND NOTIFICATION OF ELIGIBLE INDIVIDUALS.— ‘‘(1) CONDITIONS OF PARTICIPATION.—In case of such individuals, the benefits under ‘‘(1) INDIVIDUAL ELIGIBILITY CRITERIA.—The order to be qualified to furnish care coordi- titles XIX and XXI or such other program Secretary shall specify criteria to be used in nation services under this section, an indi- (including reduction of cost-sharing) are pro- making a determination as to whether an in- vidual or entity shall— vided on a ‘wrap-around’ basis to the benefits dividual may appropriately be enrolled in ‘‘(A) be a health care professional or entity under this title.’’. the care coordination services program (which may include physicians, physician (b) CONFORMING AMENDMENTS TO SOCIAL SE- under this section, which shall include at group practices, or other health care profes- CURITY ACT PROVISIONS.— least a finding by the Secretary that for co- sionals or entities the Secretary may find (1) Section 201(i)(1) of the Social Security horts of individuals with characteristics appropriate) meeting such conditions as the Act (42 U.S.C. 401(i)(1)) is amended by strik- identified by the Secretary, professional Secretary may specify; ing ‘‘or the Federal Supplementary Medical management and coordination of care can ‘‘(B) have entered into a care coordination Insurance Trust Fund’’ and inserting ‘‘the reasonably be expected to improve processes agreement; and Federal Supplementary Medical Insurance or outcomes of health care and to reduce ag- ‘‘(C) meet such criteria as the Secretary Trust Fund, and the MediKids Trust Fund’’. gregate costs to the programs under this may establish (which may include experience (2) Section 201(g)(1)(A) of such Act (42 title. in the provision of care coordination or pri- U.S.C. 401(g)(1)(A)) is amended by striking ‘‘(2) PROCEDURES TO FACILITATE ENROLL- mary care physician’s services). ‘‘and the Federal Supplementary Medical In- MENT.—The Secretary shall develop and im- ‘‘(2) AGREEMENT TERM; PAYMENT.— surance Trust Fund established by title plement procedures designed to facilitate en- ‘‘(A) DURATION AND RENEWAL.—A care co- XVIII’’ and inserting ‘‘, the Federal Supple- rollment of eligible individuals in the pro- ordination agreement under this subsection mentary Medical Insurance Trust Fund, and gram under this section. shall be for one year and may be renewed if the MediKids Trust Fund established by title ‘‘(c) ENROLLMENT OF INDIVIDUALS.— the Secretary is satisfied that the care coor- XVIII’’. ‘‘(1) SECRETARY’S DETERMINATION OF ELIGI- dinator continues to meet the conditions of (c) MAINTENANCE OF MEDICAID ELIGIBILITY BILITY.—The Secretary shall determine the participation specified in paragraph (1). AND BENEFITS FOR CHILDREN.—

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16014 CONGRESSIONAL RECORD — SENATE December 19, 2007

(1) IN GENERAL.—In order for a State to taxable year is the sum of the monthly pre- SEC. 4. REFUNDABLE CREDIT FOR CERTAIN continue to be eligible for payments under miums (for months in the taxable year) de- COST-SHARING EXPENSES UNDER section 1903(a) of the Social Security Act (42 termined under section 2203 of the Social Se- MEDIKIDS PROGRAM. U.S.C. 1396b(a))— curity Act with respect to each MediKid who (a) IN GENERAL.—Subpart C of part IV of (A) the State may not reduce standards of is a dependent of the taxpayer for the tax- subchapter A of chapter 1 of the Internal eligibility, or benefits, provided under its able year. Revenue Code of 1986 (relating to refundable State medicaid plan under title XIX of the ‘‘(d) EXCEPTIONS BASED ON ADJUSTED GROSS credits) is amended by redesignating section Social Security Act or under its State child INCOME.— 36 as section 37 and by inserting after section 35 the following new section: health plan under title XXI of such Act for ‘‘(1) EXEMPTION FOR VERY LOW-INCOME TAX- individuals under 23 years of age below such PAYERS.— ‘‘SEC. 36. CATASTROPHIC LIMIT ON COST-SHAR- ‘‘(A) IN GENERAL.—No premium shall be im- ING EXPENSES UNDER MEDIKIDS standards of eligibility, and benefits, in ef- PROGRAM. fect on the date of the enactment of this Act; posed by this section on any taxpayer having an adjusted gross income not in excess of the ‘‘(a) IN GENERAL.—In the case of a taxpayer and who has a MediKid (as defined in section 59B) (B) the State shall demonstrate to the sat- exemption amount. ‘‘(B) EXEMPTION AMOUNT.—For purposes of at any time during the taxable year, there isfaction of the Secretary of Health and shall be allowed as a credit against the tax Human Services that any savings in State this paragraph, the exemption amount is— ‘‘(i) $20,535 in the case of a taxpayer having imposed by this subtitle an amount equal to expenditures under title XIX or XXI of the the excess of— Social Security Act that results from chil- 1 MediKid, ‘‘(ii) $25,755 in the case of a taxpayer hav- ‘‘(1) the amount paid by the taxpayer dur- dren enrolling under title XXII of such Act ing the taxable year as cost-sharing under shall be used in a manner that improves ing 2 MediKids, ‘‘(iii) $30,975 in the case of a taxpayer hav- section 2202(b)(4) of the Social Security Act, services to beneficiaries under title XIX of over such Act, such as through expansion of eligi- ing 3 MediKids, and ‘‘(iv) $35,195 in the case of a taxpayer hav- ‘‘(2) 5 percent of the taxpayer’s adjusted bility, improved nurse and nurse aide staff- ing 4 or more MediKids. gross income for the taxable year.’’. ing and improved inspections of nursing fa- ‘‘(C) PHASEOUT OF EXEMPTION.—In the case (b) COORDINATION WITH OTHER PROVI- cilities, and coverage of additional services. of a taxpayer having an adjusted gross in- SIONS.—The excess described in subsection (2) MEDIKIDS AS PRIMARY PAYOR.—In apply- come which exceeds the exemption amount (a) shall not be taken into account in com- ing title XIX of the Social Security Act, the but does not exceed twice the exemption puting the amount allowable to the taxpayer MediKids program under title XXII of such amount, the premium shall be the amount as a deduction under section 162(l) or 213(a). Act shall be treated as a primary payor in which bears the same ratio to the premium (c) TECHNICAL AMENDMENTS.— cases in which the election described in sec- which would (but for this subparagraph) (1) The table of sections for subpart C of tion 2207(b)(2) of such Act, as added by sub- apply to the taxpayer as such excess bears to part IV of subchapter A of chapter 1 of such section (a), has been made. the exemption amount. Code is amended by redesignating the item (d) EXPANSION OF MEDPAC MEMBERSHIP TO relating to section 36 as an item relating to ‘‘(D) INFLATION ADJUSTMENT OF EXEMPTION 19.— AMOUNTS.—In the case of any taxable year section 37 and by inserting before such item (1) IN GENERAL.—Section 1805(c) of the So- beginning in a calendar year after 2009, each the following new item: cial Security Act (42 U.S.C. 1395b–6(c)) is dollar amount contained in subparagraph (C) ‘‘Sec. 36. Catastrophic limit on cost-sharing amended— shall be increased by an amount equal to the expenses under MediKids pro- (A) in paragraph (1), by striking ‘‘17’’ and product of— gram.’’. inserting ‘‘19’’; and ‘‘(i) such dollar amount, and (2) Paragraph (2) of section 1324(b) of title (B) in paragraph (2)(B), by inserting ‘‘ex- ‘‘(ii) the cost-of-living adjustment deter- 31, United States Code, is amended by insert- perts in children’s health,’’ after ‘‘other mined under section 1(f)(3) for the calendar ing ‘‘, 36,’’ after ‘‘section 35’’. health professionals,’’. year in which the taxable year begins, deter- (d) EFFECTIVE DATE.—The amendments (2) INITIAL TERMS OF ADDITIONAL MEM- mined by substituting ‘calendar year 2008’ made by this section shall apply to taxable BERS.— for ‘calendar year 1992’ in subparagraph (B) years beginning after December 31, 2008. (A) IN GENERAL.—For purposes of stag- thereof. SEC. 5. REPORT ON LONG-TERM REVENUES. gering the initial terms of members of the If any increase determined under the pre- Within one year after the date of the en- Medicare Payment Advisory Commission ceding sentence is not a multiple of $50, such actment of this Act, the Secretary of the under section 1805(c)(3) of the Social Secu- increase shall be rounded to the nearest mul- Treasury shall propose a gradual schedule of rity Act (42 U.S.C. 1395b–6(c)(3)), the initial tiple of $50. progressive tax changes to fund the program terms of the 2 additional members of the ‘‘(2) PREMIUM LIMITED TO 5 PERCENT OF AD- under title XXII of the Social Security Act, Commission provided for by the amendment JUSTED GROSS INCOME.—In no event shall any as the number of enrollees grows in the out- under subsection (a)(1) are as follows: taxpayer be required to pay a premium under years. (i) One member shall be appointed for 1 this section in excess of an amount equal to year. 5 percent of the taxpayer’s adjusted gross in- By Mr. KERRY (for himself, Ms. (ii) One member shall be appointed for 2 come. SNOWE, Mr. SANDERS, Mr. years. ‘‘(e) COORDINATION WITH OTHER PROVI- DOMENICI, Mr. SCHUMER, Ms. (B) COMMENCEMENT OF TERMS.—Such terms SIONS.— COLLINS, Mr. KENNEDY, and Mr. shall begin on January 1, 2008. ‘‘(1) NOT TREATED AS MEDICAL EXPENSE.— REED): (3) DUTIES.—Section 1805(b)(1)(A) of such For purposes of this chapter, any premium Act (42 U.S.C. 1395b–6(b)(1)(A)) is amended by S. 2523. A bill to establish the Na- paid under this section shall not be treated tional Affordable Housing Trust Fund inserting before the semicolon at the end the as expense for medical care. following: ‘‘and payment policies under title ‘‘(2) NOT TREATED AS TAX FOR CERTAIN PUR- in the Treasury of the United States to XXII’’. POSES.—The premium paid under this section provide for the construction, rehabili- SEC. 3. MEDIKIDS PREMIUM. shall not be treated as a tax imposed by this tation, and preservation of decent, (a) GENERAL RULE.—Subchapter A of chap- chapter for purposes of determining— safe, and affordable housing for low-in- ter 1 of the Internal Revenue Code of 1986 (re- ‘‘(A) the amount of any credit allowable come families; to the Committee on lating to determination of tax liability) is under this chapter, or Banking, Housing, and Urban Affairs. amended by adding at the end the following ‘‘(B) the amount of the minimum tax im- Mr. KERRY. Mr. President, while we new part: posed by section 55. are facing new difficulties in the mort- ‘‘PART VIII—MEDIKIDS PREMIUM ‘‘(3) TREATMENT UNDER SUBTITLE F.—For gage and subprime markets, we cannot purposes of subtitle F, the premium paid ‘‘Sec. 59B. MediKids premium. forget the ongoing and deepening crisis ‘‘SEC. 59B. MEDIKIDS PREMIUM. under this section shall be treated as if it were a tax imposed by section 1.’’. that affordable rental housing presents ‘‘(a) IMPOSITION OF TAX.—In the case of a for our Nation. Long-term changes in taxpayer to whom this section applies, there (b) TECHNICAL AMENDMENTS.— is hereby imposed (in addition to any other (1) Subsection (a) of section 6012 of such the housing market have dramatically tax imposed by this subtitle) a MediKids pre- Code is amended by inserting after para- limited the availability of affordable mium for the taxable year. graph (9) the following new paragraph: rental housing across the country and ‘‘(b) INDIVIDUALS SUBJECT TO PREMIUM.— ‘‘(10) Every individual liable for a premium have severely increased the cost of ‘‘(1) IN GENERAL.—This section shall apply under section 59B.’’. rental housing that remains. As a re- (2) The table of parts for subchapter A of to a taxpayer if a MediKid is a dependent of sult, more and more families are forced the taxpayer for the taxable year. chapter 1 of such Code is amended by adding at the end the following new item: to pay more than 50 percent of their in- ‘‘(2) MEDIKID.—For purposes of this section, come for housing. In 2005, a record 37.3 the term ‘MediKid’ means any individual en- ‘‘PART VIII. MEDIKIDS PREMIUM’’. million households paid more than 30 rolled in the MediKids program under title (c) EFFECTIVE DATE.—The amendments XXII of the Social Security Act. made by this section shall apply to months percent of their income on housing ‘‘(c) AMOUNT OF PREMIUM.—For purposes of beginning after December 2008, in taxable costs, according to the Nation’s Hous- this section, the MediKids premium for a years ending after such date. ing 2007 Report from the Joint Center

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16015 for Housing Studies at Harvard Univer- The Trust Fund will be funded trouble affording even a modest two- sity. Approximately 17 million families through amounts transferred from the bedroom apartment. paid more than half of their incomes on Federal National Mortgage Association The cost of rental housing keeps housing costs. This is unacceptable. and the Federal Home Loan Mortgage going up. According to the Consumer Our Nation must act to ease this rental Corporation under Title XIII of the Price Index, CPI, contract rents began housing crisis by producing more af- Housing and Community Development to rise above the rate of inflation in fordable housing options. Act of 1992. It will also be funded 1997 and have continued every year We can no longer ignore the lack of through any amounts appropriated since. Rental costs have outpaced affordable housing and the impact it is under the authorization in the Expand- renter income gains for households having on families and children around ing American Homeownership Act of across the board. Low wage workers the country. I believe it is time for our 2007, relating to the use of FHA savings have been hardest hit by the increase Nation to take a new path—one that for an affordable housing grant pro- in the cost of rental housing. insures that all Americans, especially gram. Finally, the Trust Fund will be Because of the lack of affordable our poorest children, have the oppor- funded through any amounts as are or housing, too many families are forced tunity to live in decent and safe hous- may be appropriated, transferred or to live in substandard living conditions ing. credited to such fund under any other putting their children at risk. Children Housing construction is a critical provisions of law. living in substandard housing are more part of our economy. Unfortunately, The National Affordable Housing likely to experience violence, hunger, just yesterday the Commerce Depart- Trust Fund bill is cosponsored by a bi- lead poisoning and to suffer from infec- ment reported that construction of new partisan group of Senators. Earlier this tious diseases such as asthma. They homes dropped by 5.5 percent last year, the House of Representatives are more likely to have difficulties month, the lowest level since April passed legislation, introduced by House learning and more likely to fall behind in school. Our Nation’s children depend 1991. The overall construction decline Financial Services Chairman BARNEY upon access to affordable rental hous- left home building 24.2 percent below FRANK, to establish a National Afford- ing. the level of activity a year ago. Resi- able Housing Trust Fund by a 264–148 dential construction has seen the larg- At the same time the cost of rental vote. It has been endorsed by more housing has been increasing, there has est share of job losses, more than than 5,700 community organizations led 192,000 since March 2006. been a significant decrease in the num- by the National Low-Income Housing ber of affordable rental housing units. The question is, what do we do today Coalition and including the National to face—and to finance—this mounting According to Real Capital Analytics, Association of Realtors, the National the number of rentals in larger multi- challenge? Association of Home Builders, Chil- In September 2000, I wrote and intro- family properties converted to for-sale dren’s Defense Fund, U.S. Conference duced the original National Affordable units jumped from just a few thousand of Mayors, National Coalition for the Housing Trust Fund legislation. Today, in 2003 to 235,000 in 2005. New construc- Homeless, and others. I am pleased along with Senator SNOWE, I am again tion of multifamily buildings intended proposing to address the severe short- that Senator REED, within the Govern- for rental use dipped from 262,000 units age of affordable housing by intro- ment Sponsored Enterprise Mission Im- in 2003 to 184,000 in 2006. Simulta- ducing legislation that will establish a provement Act, included legislative neously, the number of renter house- National Affordable Housing Trust language within the Affordable Hous- holds increased by 1.2 million. The de- Fund and begin a rental housing pro- ing Block Grant section to provide cline in affordable rental units has al- duction program. grants to an Affordable Housing Trust ready forced many working families el- The Affordable Housing Trust Fund Fund. igible for Section 8 vouchers in Boston that is established in this legislation Enacting the National Affordable to live outside the city because there would create a production program Housing Trust Fund will help reverse are no available rental housing units that will ensure 1.5 million new rental the recent declines in housing jobs, that accept vouchers. units are built over the next 10 years starts, permits and construction in The loss of affordable housing has ex- for extremely low-income families and every State. It will help small busi- acerbated the housing crisis in this working families. The goal is to create nesses across the Nation continue to country, and the Federal Government long-term affordable, mixed-income de- produce the jobs that are critical to must take action. We need to enact the velopments in areas with the greatest our economic security today and in the National Affordable Housing Trust opportunities for low-income families. future. Fund to jumpstart the production of Sixty percent of Trust Fund assistance During this time of rising rents, in- affordable housing in the U.S. Decent housing, along with neighbor- will be awarded to participating local creased housing costs, and the loss of hood and living environment, play jurisdictions. Forty percent of Trust affordable housing units, it is incom- enormous roles in shaping young lives. Fund assistance will be awarded to prehensible that we are not doing more Federal housing assistance over the States, Indian Tribes and insular areas. to increase the amount of housing as- past generation has helped millions of A proportionate amount of funds to the sistance available to working families. The need for affordable housing is se- low-income children across the Nation States must go to rural areas. If the and has helped in developing stable total amount available for the Trust vere. Many working families have been unable to keep up with the increase in home environments. However, changes Fund is less than $2 billion, then there in the housing market clearly show is a $750,000 minimum funding thresh- housing costs. In 2005, one in seven households was considered to be ‘‘se- that we need to take additional steps old for local jurisdictions. to both produce and maintain afford- All funding from the Trust Fund verely housing cost burdened.’’ able housing units. Otherwise, many must be used for low-income families, For too many low-income families and their children, the cost of privately more children and their families will defined as those families with incomes live in substandard housing or will be- below 80 percent of the State or local owned rental housing is simply out of reach. Today, working families in this come homeless. These children are less median income. However, if the fund- likely to do well in school and less ing for the trust fund is less than $2 bil- country increasingly find themselves unable to afford housing. According to likely to be productive citizens. They lion for any year, then the income ceil- deserve our best efforts and require our ing is reduced to 60 percent of local me- the National Low-Income Housing Coa- lition, in Massachusetts, the fair mar- help. dian income. I ask all Senators to support the Na- ket rent for a two-bedroom apartment The funding from the Trust Fund can tional Affordable Housing Trust Fund be used for construction, rehabilita- is almost $1,200 per month. In order to Act. tion, acquisition, preservation incen- afford this apartment without paying tives, and operating assistance to ease more than 30 percent of income on By Mr. FEINGOLD: the affordable housing crisis. Funds housing, a household must earn over S. 2527. A bill to prohibit the obliga- can also be used for downpayment and $47,000 per year. This means teachers, tion or expenditure of funds for the Os- closing cost assistance by first time janitors, social workers, police officers prey tiltrotor aircraft; to the Com- homebuyers. and other full-time workers are having mittee on Appropriations.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16016 CONGRESSIONAL RECORD — SENATE December 19, 2007 Mr. FEINGOLD. Mr. President, today successful programs that give us the CDFI Fund. These funds will be used to I am introducing legislation to rescind biggest bang for our buck. CDFIs have provide technical and financial assist- funds appropriated for the procurement a history of prudently using scarce ance grants to non-profits for commu- of the V–22 and CV–22 Osprey. This air- public funds to leverage additional pri- nity and economic development pur- craft has been the subject of significant vate funding to finance emerging do- poses. CDFIs can apply for these grants controversy because of safety, tech- mestic markets. They are able to lend through a competitive application nical, and cost problems. In 1991, then- successfully in these markets in part process with the requirement to match, Secretary DICK CHENEY tried to cancel because CDFIs build their borrowers’ dollar for dollar, Federal funds with the program altogether. I have long ad- capacity by combining their financing private investment. According to the vocated for more extensive testing of with technical assistance such as Treasury Department, for every Fed- the aircraft to evaluate design defects homeownership counseling, entrepre- eral dollar of investment, CDFIs lever- that render the Osprey unstable and neurial training, and financial literacy age $19 in non-federal funds. CDFIs use technical problems that have already education. CDFIs finance small busi- the ‘‘seed capital’’ from the Federal cost the lives of 30 servicemembers. nesses, homeownership, affordable Government to attract private-sector New problems were discovered as re- rental housing, childcare facilities, capital, ensuring continued community cently as June 2007. charter schools, and other needed de- investment well beyond the initial I appreciate that the military is in velopment resources. About 1,000 Federal funding. need of additional helicopters, particu- CDFIs operating in the U.S. manage A community isn’t complete without larly as a result of the high operational more than $25 billion in assets, pro- places to shop and work, without af- tempo in Iraq and Afghanistan. Given viding much-needed financial services fordable housing, without the pros- the fact that the Osprey costs signifi- to low-income communities across the perity that thriving businesses rep- cantly more than other aircraft that U.S. resent. My Full Faith & Credit in Our can meet the same need, I believe we Unfortunately, CDFIs have limited Communities Act will help CDFIs de- should shift to a safer, more economic access to capital due to the relatively velop retail and commercial facilities, program. small size of, and lack of awareness train and place neighborhood residents This bill would rescind funds appro- about, their projects. This results in a in jobs, and provide affordable housing priated for the program through 2008. hesitancy of Wall Street to invest in across the country. This bill is essen- That includes $2.8 billion in previously CDFIs, forcing them to rely largely on tial for our people and communities appropriated but unobligated funds and commercial banks which usually only most in need. Beyond the obvious tan- $2.9 billion in funds appropriated for offer short-term loans with high inter- gible benefits, the Full Faith & Credit fiscal year 08. The Defense Department est rates. Every dollar wasted on inter- in Our Communities Act will provide estimates it will spend an additional est payments is another dollar lost to our Nation’s distressed communities $28.6 billion to purchase a total of 458 communities, making these additional with something all but lost in many: Osprey through 2018. Ending this trou- costs a clear impediment to commu- HOPE. Hope for a better future, a safe bled program could produce savings of nity development efforts. community, flourishing businesses, and over $34.3 billion. This legislation would increase the a more prosperous future for genera- length and decrease the cost of capital tions to come. By Mr. MENENDEZ: available to CDFIs by providing them In closing, I urge my colleagues to S. 2528. A bill to authorize guarantees access to the enormous financial power support the Full Faith & Credit in Our for bonds and notes issued for commu- of Wall Street. It would accomplish Communities Act to ensure that every nity or economic development pur- this by allowing the Treasury Depart- American has access to the American poses; to the Committee on Banking, ment to guarantee up to $1 billion per Dream. With this bill, we can not only Housing, and Urban Affairs. year in bonds issued by qualified change lives and communities today, Mr. MENENDEZ. Mr. President, I CDFIs. These bonds would be sold on but for generations to come. rise today to introduce the Full Faith Wall Street with the proceeds going to & Credit in Our Communities Act of CDFIs to finance a myriad of commu- By Mr. REID (for himself and Mr. 2007. Strong communities form the bed- nity and economic development BAUCUS): rock of a successful economy and ulti- projects such as job-training centers S. 2530. A bill entitled the ‘‘Federal mately, a healthy society. For commu- and health care clinics. Unlike many Aviation Administration Extension nities to be strong and families to pros- legislative proposals that often result Act of 2007’’; to the Committee on Com- per, there must be economic oppor- in winners and losers, this legislation merce, Science, and Transportation. tunity. Economic opportunity, in turn, is a win-win for everyone involved. Mr. REID. Mr. President, I ask unan- depends on access to capital. Unfortu- CDFIs will have access to much-need- imous consent that the text of the bill nately, many communities across our ed, low-cost capital. Communities will be printed in the RECORD. Nation lack this fundamental tool for benefit from an infusion of investments There being no objection, the text of financial prosperity and self-suffi- in community and economic develop- the bill was ordered to be printed in ciency. ment projects. And investors will have the RECORD, as follows: We must provide economic oppor- an opportunity to make sound, long- S. 2530 tunity not only today, but also lay the term investments. Be it enacted by the Senate and House of Rep- groundwork so that future generations Perhaps the best part of this legisla- resentatives of the United States of America in can thrive and prosper, and we must do tion is that it should not end up cost- Congress assembled, it in a way that fosters real and perma- ing the American taxpayer a single dol- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Federal nent change rather than short-term so- lar. Since these bonds will be issued by Aviation Administration Extension Act of lutions. We cannot simply rely on CDFIs, they will be the ones respon- 2007’’. short-term band aids that serve to only sible for honoring the bonds when they SEC. 2. EXTENSION OF AIRPORT IMPROVEMENT mask the vast inequalities in income reach maturity. Considering the fact PROGRAM AND OTHER EXPIRING and unacceptable levels of poverty that that CDFIs have very low loan default AUTHORITY. plague our Nation. We must invest in rates that are often below mainstream (a) AUTHORIZATION OF APPROPRIATIONS.— our Nation’s future. We must close the (1) IN GENERAL.—Section 48103 of title 49, bank averages, the risk of insolvency is United States Code, is amended— wealth gaps that are growing wider very low. To further mitigate this risk, (A) by striking ‘‘and’’ at the end of para- each day in this country by investing CDFIs will be required to create a loan graph (3); in our citizens and closing the oppor- loss reserve fund, similar in nature, but (B) by striking the period at the end of tunity gap. We must invest in entrepre- much smaller in scope, to the FDIC. paragraph (4) and inserting ‘‘; and’’; and neurship, ownership, and economic In addition to providing low-cost cap- (C) by inserting after paragraph (4) the fol- lowing: growth—but we must do so in a fiscally ital to underserved communities, this ‘‘(5) $1,837,500,000 for the 6-month period be- responsible manner. legislation would require CDFIs to pay ginning October 1, 2007.’’. Federal resources are scarce. We a portion of their savings to a sub- (2) OBLIGATION OF AMOUNTS.—Sums made must focus our efforts and invest in account of the Treasury Department’s available pursuant to the amendment made

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16017 by paragraph (1) may be obligated at any the amendments made by this section shall Whereas, on October 18, 2007, the Senate time through September 30, 2008, and shall apply with respect to goods from NAFTA agreed to Senate Resolution 352, expressing remain available until expended. countries. the sense of the Senate regarding the 20th (3) PROGRAM IMPLEMENTATION.—For pur- f anniversary of the United States-Mongolia poses of calculating funding apportionments relations, and encouraged continued eco- and meeting other requirements under sec- SUBMITTED RESOLUTIONS nomic cooperation with Mongolia; tions 47114, 47115, 47116, and 47117 of title 49, Whereas, on October 22, 2007, the United United States Code, for the 6-month period States and Mongolia signed a Millennium beginning October 1, 2007, the Administrator SENATE RESOLUTION 417—EX- Challenge Corporation Compact Agreement; of the Federal Aviation Administration PRESSING THE SENSE OF THE Whereas, during the October 2007 visit of shall— SENATE THAT THE UNITED President Enkhbayar to Washington, D.C., (A) first calculate funding apportionments STATES SHOULD EXPAND TRADE the United States and Mongolia signed a on an annualized basis as if the total amount OPPORTUNITIES WITH MONGOLIA Declaration of Principles for closer coopera- available under section 48103 of such title for AND INITIATE NEGOTIATIONS TO tion between the 2 countries, reiterating a fiscal year 2008 were 3,675,000,000; and ENTER INTO A FREE TRADE commitment to expansion of development (B) then reduce by 50 percent— and long term cooperation in political, eco- (i) all funding apportionments calculated AGREEMENT WITH MONGOLIA nomic, trade, investment, educational, cul- under subparagraph (A); and Mr. HAGEL (for himself, Mr. LUGAR, tural, arts, scientific and technological, en- (ii) amounts available pursuant to sections and Ms. MURKOWSKI) submitted the fol- vironmental, health, defense, security, hu- 47117(b) and 47117(f)(2) of such title. lowing resolution; which was referred manitarian, and other fields; and (b) PROJECT GRANT AUTHORITY.—Section to the Committee on Finance: Whereas the United States and Mongolia 47104(c) of such title is amended by striking would benefit from expanding and diversi- S. RES. 417 ‘‘September 30, 2007, and inserting ‘‘March fying trade opportunities by reducing tariff 31, 2008,’’. Whereas Mongolia declared an end to a 1- and nontariff barriers to trade: Now, there- (c) GOVERNMENT SHARE OF CERTAIN AIP party Communist state in 1990 and embarked fore, be it COSTS.—Section 161 of Public Law 108–176 (49 on democratic and free market reforms; Resolved, That it is the sense of the Senate U.S.C. 47109 note) is amended by striking ‘‘in Whereas the free market reforms include that the United States should continue to each of fiscal years 2004 through 2007’’ and in- adopting democratic electoral processes, en- work with Mongolia to expand bilateral serting ‘‘in fiscal year 2008 before April 1, acting further political reform measures, trade opportunities and initiate negotiations 2008’’. privatizing state enterprises, lifting price to enter into a free trade agreement with controls, and improving fiscal discipline; (d) ADJUSTMENT AUTHORITY.—Section Mongolia. 409(d) of Public Law 108–176 (49 U.S.C. 40101 Whereas, since 1990, Mongolia has made f note) is amended by striking ‘‘2007.’’ and in- progress to strengthen democratic governing serting ‘‘2008.’’. institutions and protect individual rights; SENATE RESOLUTION 418—EX- Whereas the Department of State found in its 2006 Country Reports on Human Rights PRESSING THE SENSE OF THE By Mr. MCCONNELL (for himself that Mongolia generally respects the human SENATE REGARDING PROVOCA- and Mr. BUNNING): rights of its citizens, although concerns re- TIVE AND DANGEROUS STATE- S. 2531. A bill to amend the Tariff Act main, including the treatment of prisoners, MENTS MADE BY OFFICIALS OF of 1930 to revise the antidumping duties freedom of the press and information, due THE GOVERNMENT OF THE RUS- and countervailing duties relating to process, and trafficking in persons; SIAN FEDERATION CONCERNING the production of low-enriched ura- Whereas the Department of State found in THE TERRITORIAL INTEGRITY its 2006 International Religious Freedom re- nium, and for other purposes; to the OF THE REPUBLIC OF GEORGIA Committee on Finance. port that Mongolia generally respects free- dom of religion, although some concerns re- Mr. BIDEN submitted the following Mr. MCCONNELL. Mr. President, I main; ask unanimous consent that the text of resolution; which was referred to the Whereas Mongolia has been a member of Committee on Foreign Relations: the bill be printed in the RECORD. the World Trade Organization since 1997, and There being no objection, the text of a member of the International Monetary S. RES. 418 the bill was ordered to be placed in the Fund, the World Bank, and the Asian Devel- Whereas, since 1993, the territorial integ- RECORD, as follows: opment Bank since 1991; rity of the Republic of Georgia has been re- Whereas, in 1999, the United States ex- affirmed by the international community, S. 2531 tended permanent nondiscriminatory treat- international law, and 32 United Nations Se- Be it enacted by the Senate and House of Rep- ment (normal trade relations treatment) to curity Council Resolutions; resentatives of the United States of America in the products of Mongolia; Whereas the Republic of Georgia has pur- Congress assembled, Whereas Mongolia has provided strong and sued the peaceful resolution of territorial SECTION 1. PRODUCTION OF LOW-ENRICHED consistent support to the United States in conflicts in the regions of Abkhazia and URANIUM. the global war on terror, including support South Ossetia since the end of hostilities in (a) ANTIDUMPING DUTY.—Section 731 of the for United States military forces and, since 1993; Tariff Act of 1930 (19 U.S.C. 1673) is amended May 2003, contributed peace keepers to Oper- Whereas, by stating that the Russian Fed- in the last sentence— ation Iraqi Freedom, artillery trainers to Op- eration should diplomatically recognize (1) by inserting ‘‘(a)’’ after ‘‘includes’’; and eration Enduring Freedom, and personnel to Abkhazia and South Ossetia as independent (2) by inserting before the period at the end the United Nations peace-keeping operations states, certain officials of the Government of the following: ‘‘, and (b) any contract or in Kosovo and Sierra Leone; the Russian Federation have undermined the transaction for the production of low-en- Whereas the United States and Mongolia peace and security of those regions and the riched uranium’’. signed a bilateral Trade and Investment Republic of Georgia as a whole; and (b) COUNTERVAILING DUTY.—Section 771 of Framework Agreement in 2004; Whereas the statements of those officials that Act (19 U.S.C. 1677) is amended in para- Whereas Mongolia has expressed steadfast are incompatible with the role of the Rus- graph (5) by adding at the end the following: commitment to greater economic reforms, sian Federation as one of the world’s leading ‘‘(G) PURCHASE OF GOODS.—For purposes of including a commitment to encourage and powers and are inconsistent with the com- subparagraphs (D)(iv) and (E)(iv) of this expand the role of the private sector, in- mitments of the Russian Federation to inter- paragraph (5), the phrases ‘purchasing goods’ crease transparency, strengthen the rule of national peacekeeping: Now, therefore, be it and ‘goods are purchased’ include a contract law, combat corruption, and comply with Resolved, That the Senate— or transaction involving payment for the international standards for labor and intel- (1) condemns recent statements by officials production of low-enriched uranium.’’. lectual property rights protection; of the Government of the Russian Federation (c) APPLICATION TO PENDING PRO- Whereas bilateral trade between the that the Russian Federation should recog- CEEDINGS.—The amendments made by this United States and Mongolia in 2005 was val- nize the regions of Abkhazia and South section apply in all pending or resumed anti- ued at more than $165,000,000; Ossetia as states independent of the Republic dumping and countervailing duty pro- Whereas, in November 2005, President of Georgia as a violation of the sovereignty ceedings, including investigations, and in all George W. Bush became the first President of of the Republic of Georgia and the commit- appeals that have not become final and con- the United States to visit Mongolia, and on ments of the Russian Federation to inter- clusive as of the date of enactment of this November 21, 2005, President Bush and Presi- national peacekeeping; Act. dent Enkhbayar issued a joint statement de- (2) calls upon the Government of the Rus- (d) APPLICATION TO NAFTA COUNTRIES.— claring that the 2 countries are committed sian Federation to disavow these statements; Pursuant to Article 1902 of the North Amer- to defining guiding principles and expanding (3) affirms that the restoration of the terri- ican Free Trade Agreement and section 408 the framework of the comprehensive part- torial integrity of the Republic of Georgia is of the North American Free Trade Agree- nership between the United States and Mon- in the interest of all who seek peace and sta- ment Implementation Act (19 U.S.C. 3438), golia; bility in the region; and

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16018 CONGRESSIONAL RECORD — SENATE December 19, 2007 (4) urges all parties to the conflicts in the crease through partnerships between the AMENDMENTS SUBMITTED AND Republic of Georgia and governments around Federal Government and patient advocacy PROPOSED the world to eschew rhetoric that escalates organizations. tensions and undermines efforts to negotiate SA 3884. Mr. REID (for Ms. CANTWELL (for a settlement to the conflicts. f herself and Ms. SNOWE)) proposed an amend- ment to the bill S. 924, to strengthen the f SENATE CONCURRENT RESOLU- United States Coast Guard’s Integrated SENATE CONCURRENT RESOLU- TION 64—COMMENDING THE Deepwater Program. SA 3885. Mr. REID (for Mr. KERRY) pro- TION 63—EXPRESSING THE ALASKA ARMY NATIONAL SENSE OF THE CONGRESS RE- posed an amendment to the bill S. 1784, to GUARD FOR ITS SERVICE TO amend the Small Business Act to improve GARDING THE NEED FOR ADDI- THE STATE OF ALASKA AND programs for veterans, and for other pur- TIONAL RESEARCH INTO THE THE CITIZENS OF THE UNITED poses. CHRONIC NEUROLOGICAL CONDI- STATES SA 3886. Mr. REID (for Mr. COBURN) pro- TION HYDROCEPHALUS, AND FOR posed an amendment to amendment SA 3885 Mr. STEVENS (for himself and Ms. OTHER PURPOSES proposed by Mr. REID (for Mr. KERRY) to the MURKOWSKI) submitted the following bill S. 1784, supra. Mr. REID (for Mrs. CLINTON) sub- concurrent resolution; which was re- SA 3887. Mr. SCHUMER (for Mr. LEAHY (for mitted the following concurrent resolu- ferred to the Committee on Armed himself and Mr. SCHUMER)) proposed an tion; which was referred to the Com- Services: amendment to the bill H.R. 2640, to improve the National Instant Criminal Background mittee on Health, Education, Labor, S. CON. RES. 64 and Pensions: Check System, and for other purposes. Whereas the 3rd Battalion, 297th Infantry SA 3888. Mr. SCHUMER (for Mr. BIDEN (for S. CON. RES. 63 of the Alaska Army National Guard deploy- himself and Mr. MCCONNELL)) proposed an Whereas hydrocephalus is a serious neuro- ment of almost 600 Alaskans was the largest amendment to the bill H.R. 3890, of 2003 to logical condition, characterized by the ab- deployment of the Alaska National Guard impose import sanctions on Burmese normal buildup of cerebrospinal fluids in the since World War II; gemstones, expand the number of individuals ventricles of the brain; Whereas the Alaskans of the 3rd Battalion, against whom the visa ban is applicable, ex- Whereas there is no known cure for hydro- 297th Infantry came from 80 different com- pand the blocking of assets and other prohib- cephalus; munities across Alaska; ited activities, and for other purposes. Whereas hydrocephalus affects an esti- Whereas the 3rd Battalion, 297th Infantry SA 3889. Mr. SCHUMER (for Mr. BIDEN (for mated 1,000,000 Americans; included 75 soldiers from New York, Mis- himself and Mr. MCCONNELL)) proposed an Whereas 1 or 2 in every 1,000 babies are sissippi, Illinois, Georgia and Puerto Rico; amendment to the bill H.R. 3890, supra. born with hydrocephalus; Whereas the 586 soldiers of the 3rd Bat- SA 3890. Mr. REID (for Mr. BAUCUS) pro- Whereas over 375,000 older Americans have talion, 297th Infantry were mobilized in July posed an amendment to the bill H.R. 3997, to hydrocephalus, which often goes undetected of 2006 and deployed to Camp Shelby, Mis- amend the Internal Revenue Code of 1986 to or is misdiagnosed as dementia, Alzheimer’s sissippi; provide tax relief and protections for mili- disease, or Parkinson’s disease; Whereas the 3rd Battalion, 297th Infantry tary personnel, and for other purposes. Whereas, with appropriate diagnosis and was deployed to Camp Navstar and Camp SA 3891. Mr. REID (for Mr. KENNEDY (for treatment, people with hydrocephalus are Buehring in Northern Kuwait; himself, Mr. BAUCUS, Mr. GRASSLEY, and Mr. able to live full and productive lives; Whereas the 3rd Battalion, 297th Infantry ENZI)) proposed an amendment to the bill S. Whereas the standard treatment for hydro- courageously performed route and perimeter 1974, to make technical corrections related cephalus was developed in 1952, and carries security missions, mounted combat patrols to the Pension Protection Act of 2006. multiple risks including shunt failure, infec- and inspections and searches of vehicles SA 3892. Mr. REID (for Mr. LAUTENBERG) tion, and overdrainage; going into Iraq from Kuwait, among other proposed an amendment to the bill H.R. 3432, Whereas there are fewer than 10 centers in assignments; to establish the Commission on the Aboli- the United States specializing in the treat- Whereas the 3rd Battalion, 297th Infantry, tion of the Transatlantic Slave Trade. ment of adults with normal pressure hydro- over the course of 15 months in Kuwait and f cephalus; Iraq, inspected and searched over 30,000 semi- Whereas, each year, the people of the trucks; TEXT OF AMENDMENTS United States spend in excess of $1,000,000,000 Whereas the 3rd Battalion, 297th Infantry SA 3884. Mr. REID (for Ms. CANTWELL to treat hydrocephalus; designed all force protection plans in north- Whereas a September 2005 conference spon- ern Kuwait; (for herself and Ms. SNOWE)) proposed sored by 7 institutes of the National Insti- Whereas the families of the members of the an amendment to the bill S. 924, to tutes of Health—‘‘Hydrocephalus: Myths, 3rd Battalion, 297th Infantry have provided strengthen the United States Coast New Facts, Clear Directions’’—resulted in ef- unwavering support while waiting patiently Guard’s Integrated Deepwater Pro- forts to initiate new, collaborative research for their loved ones to return; gram; as follows: and treatment efforts; and Whereas the employers of members and On page 15, strike the matter between lines Whereas the Hydrocephalus Association is family members of the 3rd Battalion, 297th 15 and 16 and insert the following: one of the Nation’s oldest and largest patient Infantry have displayed patriotism over Sec. 1. Short title; table of contents. and research advocacy and support networks profit, by keeping positions saved for the re- Sec. 2. Procurement structure. for individuals suffering from hydrocephalus: turning soldiers and supporting the families Sec. 3. Alternatives Analysis. Now, therefore, be it during the difficult days of this long deploy- Sec. 4. Certification. Resolved by the Senate (the House of Rep- ment, and these employers are great cor- Sec. 5. Contract requirements. resentatives concurring), That— porate citizens through their support of Sec. 6. Improvements in Coast Guard man- (1) Congress commends the Director of the members of the Armed Forces and their fam- agement. National Institutes of Health for working ily members; Sec. 7. Department of Defense Consultation. with leading scientists and researchers to or- Whereas the 3rd Battalion, 297th Infantry Sec. 8. Procurement and report require- ganize the first-ever National Institutes of has performed admirably and courageously; ments. Health conference on hydrocephalus; and gaining the gratitude and respect of Alas- Sec. 9. GAO review and recommendations. (2) it is the sense of Congress that— kans and all Americans; and Sec. 10. Inspector General review of Deep- (A) the Director of the National Institutes Whereas members of the 3rd Battalion, water program. of Health should continue the current col- 297th Infantry received 7 Bronze Stars, 23 Sec. 11. Definitions. laboration with respect to hydrocephalus Meritorious Service Medals, 142 Army Com- On page 16, line 2, insert ‘‘more than 90 among the National Eye Institute, the Na- mendations and more than 200 Army days’’ after ‘‘Program’’. tional Human Genome Research Institute, Achievement Medals for their outstanding On page 16, line 9, strike ‘‘Act.’’ and insert the National Institute of Biomedical Imag- service: Now, therefore, be it ‘‘Act, unless otherwise excepted in accord- ing and Bioengineering, the National Insti- Resolved by the Senate (the House of Rep- ance with the Competition in Contracting tute of Child Health and Human Develop- resentatives concurring), That Congress— Act of 1984 and the Federal Acquisition Reg- ment, the National Institute of Neurological (1) commends the 3rd Battalion, 297th In- ulations.’’ Disorders and Stroke, the National Institute fantry of the Alaska Army National Guard On page 16, line 17, insert ‘‘that is 90 days on Aging, and the Office of Rare Diseases; upon its completion of deployment and brave after the date’’ after ‘‘date’’. (B) further research into the epidemiology, service to the Commonwealth of Alaska and On page 16, line 20, insert ‘‘after the date pathophysiology, disease burden, and im- the citizens of the United States; and that is 90 days after the date of enactment of proved treatment of hydrocephalus should be (2) directs the Clerk of the House of Rep- this Act of, or in support’’ after ‘‘procure- conducted or supported; and resentatives to transmit a copy of this reso- ments’’. (C) public awareness and professional edu- lution to the Adjutant General of the Alaska On page 16, strike line 21, and insert the cation regarding hydrocephalus should in- National Guard for appropriate display. following:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16019 ‘‘(i) the HC–130J aircraft, the HH–65 air- (A) an examination of likely research and The Coast Guard shall also seek opportuni- craft, and the C4ISR system, and development costs and the levels of uncer- ties to leverage off of Department of Defense On page 16, line 24, insert ‘‘the date that is tainty associated with such estimated costs; contracts, and contracts of other appropriate 90 days after’’ after ‘‘as of’’. (B) an examination of likely production agencies, to obtain the best possible price for On page 17, line 3, strike ‘‘procurement’’ and deployment costs and the levels of un- Integrated Deepwater Program assets. No and insert ‘‘procurement, or in support,’’. certainty associated with such estimated later than one year after the date of enact- On page 17, line 6, strike ‘‘analysis of alter- costs; ment of this Act, the Commandant of the natives’’ and insert ‘‘alternatives analysis’’. (C) an examination of likely operating and Coast Guard shall provide a report to the On page 17, strike lines 8 and 9 and insert support costs and the levels of uncertainty Senate Committee on Commerce, Science, the following: associated with such estimated costs; and Transportation and the House of Rep- (i) the procurement is in accordance with (D) if they are likely to be significant, an resentatives Committee on Transportation the Competition in Contracting Act of 1984 examination of likely disposal costs and the and Infrastructure on agreements and other and the Federal Acquisition Regulations; levels of uncertainty associated with such arrangements concluded pursuant to this On page 17, line 22, strike ‘‘Coast Guard’’ estimated costs; subsection. and insert ‘‘Commandant’’. (E) an analysis of the risks to production (b) ASSESSMENT.—Within 180 days after the On page 17, line 22, insert ‘‘subparagraph cost, schedule, and life-cycle cost resulting date of enactment of this Act, the Comp- (B) or (C) of’’ after ‘‘under’’. from the experimental, technically imma- troller General shall transmit a report to the On page 17, line 23, strike ‘‘it’’ and insert ture nature of the systems under consider- Senate Committee on Commerce, Science, ‘‘the Coast Guard’’. ation; and and Transportation and the House of Rep- On page 17, beginning in line 24, strike (F) such additional measures the Com- resentatives Committee on Transportation ‘‘transmit a report to’’ and insert ‘‘notify in mandant determines to be necessary for ap- and Infrastructure that— writing’’. propriate evaluation of the asset. (1) contains an assessment of current Coast On page 18, beginning in line 2, strike ‘‘no- (2) REPORT.—As soon as possible after an Guard acquisition and management capabili- tifying the Committees’’. alternatives analysis pursuant to this sub- ties to manage procurements under or in On page 18, beginning in line 3, strike ‘‘ex- section has been completed, the Com- support of the Integrated Deepwater Pro- plaining the’’ and insert ‘‘shall provide a de- mandant shall transmit a report that pro- gram; tailed’’. vides a detailed summary of the findings of (2) includes recommendations as to how On page 18, line 12, strike ‘‘entity’’ and in- the analysis, a plan for the procurements ad- the Coast Guard can improve its acquisition sert ‘‘subcontractor’’. dressed in the analysis, and the schedule and management, either through internal re- On page 18, line 23, strike ‘‘justifications of costs for delivery of such procurements to forms or by seeking acquisition expertise FAR 6.3 are met.’’ and insert ‘‘procurement the Senate Committee on Commerce, Jus- from the Department of Defense; and was awarded in a manner consistent with the tice, and Transportation and the House of (3) addresses specifically the question of Competition in Contracting Act of 1984 and Representatives Committee on Transpor- whether the Coast Guard can better leverage the Federal Acquisition Regulations.’’. tation and Infrastructure. Department of Defense or other agencies’ On page 18, after line 23, insert the fol- On page 22, line 7, strike ‘‘deliver’’ and in- contracts that would meet the needs of the lowing: sert ‘‘delivery’’. Integrated Deepwater Program in order to (d) RULE OF CONSTRUCTION.—The limitation On page 22, line 21, strike ‘‘Guard—’’ and obtain the best possible price. in subsection (b)(1)(A) on the quantity and insert ‘‘Guard after the date of enactment of specific type of assets to which subsection this Act—’’. Beginning with line 6 on page 26, strike (b) applies shall not be construed to apply to On page 23, beginning in line 2, strike ‘‘and through line 18 on page 27, and insert the fol- the modification of the number or type of any subsequent Government Accountability lowing: any subsystems or other components of a Office recommendations relevant to the con- SEC. 8. PROCUREMENT AND REPORT REQUIRE- vessel or aircraft described in subsection tract terms issued before March 1, 2007,’’. MENTS. (b)(1)(B) or (C). On page 23, between lines 7 and 8, insert (a) PROCUREMENT SCHEDULES.— On page 19, strike line 1 and insert the fol- the following: (1) BUDGET JUSTIFICATION DOCUMENTS.— lowing: (2) addresses any subsequent Government Each calendar year, not later than 45 days SEC. 3. ALTERNATIVES ANALYSIS. Accountability Office recommendations that after the President submits the budget to are issued at least 30 days prior to the execu- On page 19, line 5, strike ‘‘FAR’’ and insert Congress under section 1105 of title 31, tion of the contract, delivery order or task ‘‘Federal Acquisition Regulations’’. United States Code, the Commandant shall order when such recommendations are rel- On page 19, line 6 insert ‘‘of a major asset’’ submit to Congress budget justification doc- evant to the contract terms;’’. after ‘‘procurement’’. uments regarding development and procure- On page 19, line 7, insert ‘‘after the date of On page 23, line 8, strike ‘‘(2)’’ and insert ‘‘(3)’’. ment schedules for each asset of the Inte- enactment of this Act’’ after ‘‘Program’’. grated Deepwater Program for which any On page 19, line 8, strike ‘‘analysis of alter- Beginning with line 13 on page 23, strike through line 9 on page 24 and insert the fol- funds for procurement are requested in that natives’’ and insert ‘‘alternatives analysis’’. budget. On page 19, beginning in line 12, strike lowing: (2) REQUIRED DOCUMENTS.—The budget jus- ‘‘analysis of alternatives’’ and insert ‘‘alter- (4) does not include— (A) provisions that commit the Coast tification documents required to be sub- natives analysis’’. mitted under paragraph (1) for each asset for On page 19, line 14, strike ‘‘an appropriate’’ Guard without express written approval by the Coast Guard; or which funds for procurement are requested and insert ‘‘a qualified’’. in the budget include— On page 20, line 1, strike ‘‘analysis of alter- (B) any provision allowing for equitable ad- (A) the development schedule for each natives’’ and insert ‘‘alternatives analysis’’. justment that differs from the Federal Ac- asset and asset class, including estimated On page 20, line 15, strike ‘‘and’’. quisition Regulations; annual costs until development is completed; On page 20, line 17, strike ‘‘costs.’’ and in- (5) meets the requirements of the Coast (B) the procurement schedule for each sert ‘‘costs; and’’ Guard Major Systems Acquisition asset and asset class, including estimated On page 20 between lines 17 and 18, insert COMDTINST Manual 5000.10(series); and annual costs and units to be procured until the following: (6) for any contract, contract modification, procurement is completed; (7) a business case of viable alternatives. or award term extending the existing Inte- grated Deepwater Program contract term— (C) any variances in schedule or cost from On page 20, line 19, strike ‘‘analysis of al- the schedule and costs described in the plan ternatives’’ and insert ‘‘alternatives anal- (A) is reviewed by, and addresses rec- ommendations made by, the Under Secretary submitted under section 3(d); and ysis’’. (D) a projection of the remaining oper- On page 20, line 22, strike ‘‘analysis of al- of Defense for Acquisition, Technology, and Logistics through the Defense Acquisition ational lifespan of each legacy asset and pro- ternatives’’ and insert ‘‘alternatives anal- jected costs for sustaining such assets. ysis’’. University in its Quick Look Study dated On page 21, between lines 2 and 3, insert February 5, 2007; and (b) QUARTERLY STATUS UPDATE.—The Com- the following: (B) does not include any minimum require- mandant shall provide an update on the sta- (e) EXPERIMENTAL, TECHNICALLY IMMATURE ments for the purchase of a given or deter- tus of the Integrated Deepwater Program to SYSTEMS.— minable number of specific assets. the Senate Committee on Commerce, (1) IN GENERAL.—No procurement of an ex- On page 26, between lines 5 and 6, insert Science, and Transportation and the House perimental or technically immature major the following: of Representatives Committee on Transpor- asset may be awarded under the Integrated SEC. 7. DEPARTMENT OF DEFENSE CONSULTA- tation and Infrastructure at the beginning of Deepwater Program until an alternatives TION. the first full fiscal year quarter after the analysis has been conducted for such asset. (a) IN GENERAL.—The Coast Guard shall date of enactment of this Act, and at the be- The alternatives analysis shall include the make arrangements as appropriate with the ginning of each subsequent fiscal year quar- same components as those set forth in sub- Department of Defense for support in con- ter. section (c). In addition, the alternatives tracting and management of procurements (c) REPORTING ON COST OVERRUNS AND analysis shall also include— under the Integrated Deepwater Program. DELAYS.—

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16020 CONGRESSIONAL RECORD — SENATE December 19, 2007

(1) REPORT REQUIRED.—The Commandant the Commandant shall submit to the Senate Sec. 306. Service-disabled veterans. shall submit a report to the Senate Com- Committee on Commerce, Science, and Sec. 307. Study on options for promoting mittee on Commerce, Science, and Transpor- Transportation and the House of Representa- positive working relations be- tation and the House of Representatives tives Committee on Transportation and In- tween employers and their Re- Committee on Transportation and Infra- frastructure a report on the manner in which serve Component employees. structure as soon as possible, but not later the Coast Guard is resolving the problems Sec. 308. Increased Veteran Participation than 30 days after the Deepwater Program and responding to the recommendations con- Program. Executive Officer becomes aware of— tained in the August 2006 Department of SEC. 3. DEFINITIONS. (A) a likely cost overrun greater than 10 Homeland Security Inspector General Report In this Act— percent of the program acquisition unit cost, entitled Improvements Needed in the Coast (1) the term ‘‘activated’’ means receiving the procurement unit cost, or the life cycle Guard’s Acquisition and Implementation of an order placing a Reservist on active duty; cost of an individual asset or a class of assets Deepwater Information Technology Systems. (2) the term ‘‘active duty’’ has the meaning under the Integrated Deepwater Program; or (f) AMENDMENT OF 2006 ACT.—Section 408(a) given that term in section 101 of title 10, (B) a likely delay of more than 6 months in of the Coast Guard and Maritime Transpor- United States Code; the delivery schedule for any individual tation Act of 2006 is amended— (3) the terms ‘‘Administration’’ and ‘‘Ad- asset or class of assets under the Integrated (1) by striking paragraphs (1) and (3); and ministrator’’ mean the Small Business Ad- Deepwater Program. (2) by redesignating paragraphs (2) and (4) ministration and the Administrator thereof, (2) REQUIRED CONTENT.—The report shall through (8) as paragraphs (1) through (6), re- respectively; include— spectively. (4) the term ‘‘Reservist’’ means a member (A) a detailed explanation for the variance On page 28, line 21, strike ‘‘SEC. 8.’’ and in- of a reserve component of the Armed Forces, or delay; sert ‘‘SEC. 9.’’. as described in section 10101 of title 10, (B) the current program acquisition unit On page 28, beginning in line 23, strike ‘‘no United States Code; cost and the complete history of changes to later than June 1, 2007’’. (5) the term ‘‘Service Corps of Retired Ex- that cost from the schedule and costs de- On page 29, beginning in line 4, strike ecutives’’ means the Service Corps of Retired scribed in the plan submitted under section ‘‘issued before March 1, 2007,’’. Executives authorized by section 8(b)(1) of 3(d); On page 29, beginning in line 16, strike the Small Business Act (15 U.S.C. 637(b)(1)); (C) the current procurement unit cost and ‘‘Act. The Commandant shall report to the (6) the terms ‘‘service-disabled veteran’’ the complete history of changes to that cost Senate Committee on Commerce, Science, and ‘‘small business concern’’ have the from the schedule and costs described in the and Transportation and the House of Rep- meaning as in section 3 of the Small Busi- plan submitted under section 3(d); and resentatives Committee on Transportation ness Act (15 U.S.C. 632); (D) a full life-cycle cost analysis for each and Infrastructure on the Coast Guard’s (7) the term ‘‘small business development asset or class of assets for which a report is progress in implementing such recommenda- center’’ means a small business development being submitted under paragraph (1). tions.’’ and insert ‘‘Act, and implement sub- center described in section 21 of the Small (3) SUBSTANTIAL VARIANCES IN COSTS OR sequent recommendations to the maximum Business Act (15 U.S.C. 648); and SCHEDULE.—If a likely cost overrun is greater extent practicable as they arise.’’. (8) the term ‘‘women’s business center’’ than 20 percent or a likely delay is greater On page 30, line 9, strike ‘‘SEC. 9.’’ and in- means a women’s business center described than 12 months from the schedule and costs sert ‘‘SEC. 10.’’. in section 29 of the Small Business Act (15 described in the plan submitted under sec- On page 31, line 8, strike ‘‘SEC. 10.’’ and in- U.S.C. 656). tion 3(d) or, if the plan has been revised, sert ‘‘SEC. 11.’’. TITLE I—VETERANS BUSINESS from the schedule and costs described in the DEVELOPMENT revised plan, the Commandant shall include SA 3885. Mr. REID (for Mr. KERRY) proposed an amendment to the bill S. SEC. 101. INCREASED FUNDING FOR THE OFFICE in the report required under paragraph (1) a OF VETERANS BUSINESS DEVELOP- written certification, with a supporting ex- 1784, to amend the Small Business Act MENT. planation, that— to improve programs for veterans, and (a) IN GENERAL.—There are authorized to (A) the asset or asset class is essential to for other purposes; as follows: be appropriated to the Office of Veterans the accomplishment of Coast Guard mis- Strike all after the enacting clause and in- Business Development of the Administra- sions; sert the following: tion, to remain available until expended— (B) there are no alternatives to such asset (1) $2,100,000 for fiscal year 2008; and or asset class which will provide equal or SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Military Re- (2) $2,300,000 for fiscal year 2009. greater capability in a more cost-effective servist and Veteran Small Business Reau- (b) FUNDING OFFSET.—Amounts necessary and timely manner; thorization and Opportunity Act of 2007’’. to carry out subsection (a) shall be offset and (C) the new estimates of the program ac- made available through the reduction of the quisition unit cost or procurement unit cost SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is authorization of funding under section are reasonable; and 20(e)(1)(B)(iv) of the Small Business Act (15 (D) the management structure for the ac- as follows: U.S.C. 631 note). Sec. 1. Short title. quisition program is adequate to manage and (c) SENSE OF CONGRESS.—It is the sense of Sec. 2. Table of Contents. control program acquisition unit cost or pro- Congress that any amounts provided pursu- Sec. 3. Definitions. curement unit cost. ant to this section that are in excess of TITLE I—VETERANS BUSINESS DEVELOPMENT (4) CERTIFIED ASSETS AND ASSET CLASSES.— amounts provided to the Administration for If the Commandant certifies an asset or Sec. 101. Increased funding for the Office of the Office of Veterans Business Development asset class under paragraph (3), the require- Veterans Business Develop- in fiscal year 2007, should be used to support ments of this subsection shall be based on ment. Veterans Business Outreach Centers. Sec. 102. Interagency task force. the new estimates of cost and schedule con- SEC. 102. INTERAGENCY TASK FORCE. tained in that certification. Sec. 103. Permanent extension of SBA Advi- sory Committee on Veterans Section 32 of the Small Business Act (15 (5) DEFINITIONS.—In this subsection: Business Affairs. U.S.C. 657b) is amended— (A) LIFE-CYCLE COST.—The term ‘‘life-cycle Sec. 104. Office of Veterans Business Develop- (1) by redesignating subsection (c) as (f); cost’’ means all costs for development, pro- ment. and curement, construction, and operations and Sec. 105. Increasing the number of outreach (2) by inserting after subsection (b) the fol- support for a particular asset, without re- centers. lowing: gard to funding source or management con- See. 106. Independent study on gaps in avail- ‘‘(c) INTERAGENCY TASK FORCE.— trol. ability of outreach centers. ‘‘(1) ESTABLISHMENT.—Not later than 90 (B) PROCUREMENT UNIT COST.—The term TITLE II—NATIONAL RESERVIST ENTERPRISE days after the date of enactment of this sub- ‘‘procurement unit cost’’ means the amount TRANSITION AND SUSTAINABILITY section, the President shall establish an equal to the total of all funds programmed to Sec. 201. Short title. interagency task force to coordinate the ef- be available for obligation for procurement Sec. 202. Purpose. forts of Federal agencies necessary to in- of a given asset class divided by the number Sec. 203. National Guard and Reserve busi- crease capital and business development op- of assets to be procured. ness assistance. portunities for, and increase the award of (C) PROGRAM ACQUISITION UNIT COST.—The Sec. 204. Veterans Assistance and Services Federal contracting and subcontracting op- term ‘‘program acquisition unit cost’’ means program. portunities to, small business concerns the amount equal to the total cost for devel- TITLE III—RESERVIST PROGRAMS owned and controlled by service-disabled opment, procurement, and construction for Sec. 301. Reservist programs. veterans and small business concerns owned each class of assets divided by the total num- Sec. 302. Reservist loans. and controlled by veterans (in this section ber of assets in each class. Sec. 303. Noncollateralized loans. referred to as the ‘task force’). On page 28, between lines 20 and 21, insert Sec. 304. Loan priority. ‘‘(2) MEMBERSHIP.—The members of the the following: Sec. 305. Relief from time limitations for task force shall include— (e) REPORT ON C4ISR.—Not later than 90 veteran-owned small busi- ‘‘(A) the Administrator, who shall serve as days after the date of enactment of this Act, nesses. chairperson of the task force;

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16021 ‘‘(B) a senior level representative from— ter may provide grants to entities located in sistance to small business concerns owned ‘‘(i) the Department of Veterans Affairs; Transition Assistance Program locations to and operated by Reservists; ‘‘(ii) the Department of Defense; make presentations on the opportunities (2) provide managerial, financial, planning, ‘‘(iii) the Administration (in addition to available from the Administration for re- development, technical, and regulatory as- the Administrator); cently separating or separated veterans. sistance to the temporary heads of small ‘‘(iv) the Department of Labor; Each presentation under this paragraph shall business concerns owned and operated by Re- ‘‘(v) ’ the Department of the Treasury; include, at a mininiuin, a description of the servists; ‘‘(vi) the General Services Administration; entrepreneurial and business training re- (3) create a partnership between the Small and sources available from the Administration. Business Administration, the Department of ‘‘(vii) the Office of Management and Budg- ‘‘(3) WRITTEN MATERIALS.—The Associate Defense, and the Department of Veterans Af- et; and Administrator shall— fairs to assist small business concerns owned ‘‘(C) 4 representatives from a veterans ‘‘(A) create written materials that provide and operated by Reservists; service organization or military organiza- comprehensive information on self-employ- (4) utilize the service delivery network of tion or association, selected by the Presi- ment and veterans entrepreneurship, includ- small business development centers, wom- dent. ing information on resources available from en’s business centers, Veterans Business Out- ‘‘(3) DUTIES.—The task force shall coordi- the Administration on such topics; and reach Centers, and centers receiving funding nate administrative and regulatory activi- ‘‘(B) make the materials created under from the National Veterans Business Devel- ties and develop proposals relating to subparagraph (A) available to the Secretary opment Corporation, and any other veterans ‘‘(A) increasing capital access and capacity of Labor for inclusion in the Transition As- small business assistance program which re- of small business concerns owned and con- sistance Program manual. ceives Federal funding, to expand the access trolled by service-disabled veterans and ‘‘(4) REPORTS.—The Associate Adminis- of small business concerns owned and oper- small business concerns owned and con- trator shall submit to Congress progress re- ated by Reservists to programs providing trolled by veterans through loans, surety ports on the implementation of this sub- business management, development, finan- bonding, and franchising; section. cial, procurement, technical, regulatory, and ‘‘(B) increasing access to Federal con ‘‘(e) WOMEN VETERANS BUSINESS TRAINING marketing assistance; tracting and subcontracting for small busi- RESOURCE PROGRAM.— (5) utilize the service delivery network of ness concerns owned and controlled by serv- ‘‘(1) IN GENERAL.—The Associate Adminis- small business development centers, wom- ice-disabled veterans and small business con- trator shall establish a Women Veterans en’s business centers, Veterans Business Out- cerns owned and controlled by veterans Business Training Resource Program. reach Centers, and centers receiving funding through expanded mentor-prote´ge´ assistance ‘‘(2) ACTIVITIES.—The Associate Adminis- from the National Veterans Business Devel- and matching such small business concerns trator shall— opment Corporation, and any other veterans with contracting opportunities; ‘‘(A) compile information on resources small business assistance program which re- ‘‘(C) increasing the integrity of certifi- available to women veterans for business ceives Federal funding, to quickly respond to cations of status as a small business concern training, including resources for— an activation of Reservists that own and op- owned and controlled by service-disabled ‘‘(i) vocational and technical education; erate small business concerns; and veterans or a small business concern owned ‘‘(ii) general business skills, such as mar- (6) utilize the service delivery network of and controlled by veterans; keting and accounting; and small business development centers, wom- ‘‘(D) reducing paperwork and administra- ‘‘(iii) business assistance programs tar- en’s business centers, Veterans Business Out- tive burdens on veterans in accessing busi- geted to women veterans; and reach Centers, and centers receiving funding ness development and entrepreneurship op- ‘‘(B) disseminate the information compiled from the National Veterans Business Devel- portunities; under subparagraph (A) through Veteran opment Corporation, and any other veterans ‘‘(E) increasing and improving training and Business Outreach Centers and women’s small business assistance program which re- counseling services provided to small busi- business centers.’’. ceives Federal funding, to assist Reservists ness concerns owned and controlled by vet- SEC. 105. INCREASING THE NUMBER OF OUT- that own and operate small business con- erans; and REACH CENTERS. cerns in preparing for future military activa- ‘‘(F) making other improvements relating (a) IN GENERAL.—The Administrator shall tions. to the support for veterans business develop- use the authority in section 8(b)(17) of the SEC. 203. NATIONAL GUARD AND RESERVE BUSI- ment by the Federal Government. Small Business Act (15 U.S.C. 637(b)(17)) to NESS ASSISTANCE. ‘‘(4) REPORTING.—The task force shall sub- ensure that the number of Veterans Business The Small Business Act (15 U.S.C. 631 et mit an annual report regarding its activities Outreach Centers throughout the United seq.) is amended— and proposals to— States increases— (1) by redesignating section 37 (15 U.S.C. ‘‘(A) the Committee on Small Business and (1) subject to subsection (b), by at least 2, 631 note) as section 38; and Entrepreneurship and the Committee on Vet- for each of fiscal years 2008 and 2009; and (2) by inserting after section 36 the fol- erans’ Affairs of the Senate; and (2) by the number that the Administrator lowing: ‘‘(B) the Committee on Small Business and considers appropriate, based on need, for ‘‘SEC. 37. RESERVIST ENTERPRISE TRANSITION the Committee on Veterans’ Affairs of the each fiscal year thereafter. AND SUSTAINABILITY. House of Representatives.’’. (b) LIMITATION.—Subsection (a)(1) shall ‘‘(a) IN GENERAL.—The Administrator shall SEC. 103. PERMANENT EXTENSION OF SBA ADVI- apply in a fiscal year if, for that fiscal year, establish a program to provide business plan- SORY COMMITTEE ON VETERANS the amount made available for the Office of ning assistance to small business concerns BUSINESS AFFAIRS. Veterans Business Development is more than owned and operated by Reservists. (a) ASSUMPTION OF DUTIES.—Section 33 of the amount made available for the Office of ‘‘(b) DEFINITIONS.—In this section— the Small Business Act (15 U.S.C. 657c) is Veterans Business Development for fiscal ‘‘(1) the terms ‘activated’ and ‘activation’ amended year 2007. mean having received an order placing a Re- (1) by striping subsection (h); and SEC. 106. INDEPENDENT STUDY ON GAPS IN servists on active duty, as defined by section (2) by redesignating subsections (1) AVAILABILITY OF OUTREACH CEN- 101(1) of title 10, United States Code; through (k) as subsections (h) through (j), re- TERS. ‘‘(2) the term ‘Administrator’ means the spectively. The Administrator shall sponsor an inde- Administrator of the Small Business Admin- (b) PERMANENT EXTENSION OF AUTHORITY.— pendent study on gaps in the availability of istration, acting through the Associate Ad- Section 203 of the Veterans Entrepreneurship Veterans Business Outreach Centers across ministrator for Small Business Development and Small Business Development Act of 1999 the United States, to inform decisions on Centers; (15 U.S.C. 657b note) is amended by striking funding and on the allocation and coordina- ‘‘(3) the term ‘Association’ means the asso- subsection (h). tion of resources. Not later than 6 months ciation established under section 21(a)(3)(A); SEC. 104. OFFICE OF VETERANS BUSINESS DE- after the date of enactment of this Act, the ‘‘(4) the term ‘eligible applicant’ means— VELOPMENT. Administrator shall submit to Congress a re- ‘‘(A) a small business development center Section 32 of the Small Business Act (15 port on the results of the study. that is accredited under section 21(k); U.S.C. 657b) is amended by inserting after TITLE II—NATIONAL RESERVIST ENTER- ‘‘(B) a women’s business center; subsection (c) (as added by section 102) the PRISE TRANSITION AND SUSTAIN- ‘‘(C) a Veterans Business Outreach Center following: ABILITY that receives funds from the Office of Vet- ‘‘(d) PARTICIPATION IN TAP WORKSHOPS.— erans Business Development; ‘‘(1) In general.—The Associate Adminis- SEC. 201. SHORT TITLE. ‘‘(D) an information and assistance center trator shall increase veteran outreach by en- This title may be cited as the ‘‘National receiving funding from the National Vet- suring that Veteran Business Outreach Cen- Reservist Enterprise Transition and Sustain- erans Business Development Corporation ters regularly participate, on a nationwide ability Act of 2007’’. under section 33; or basis, in the workshops of the Transition As- SEC. 202. PURPOSE. ‘‘(E) any other veterans small business as- sistance Program of the Department of The purpose of this title is to establish a sistance program which receives Federal Labor. program to— funding; ‘‘(2) PRESENTATIONS.—In carrying out para- (1) provide managerial, financial, planning, ‘‘(5) the term ‘enterprise transition and graph (1), a Veteran Business Outreach Cen- development, technical, and regulatory as- sustainability assistance’ means assistance

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16022 CONGRESSIONAL RECORD — SENATE December 19, 2007 provided by an eligible applicant to a small ‘‘(F) standards relating to the educational, overcome the impediments to entrepreneur- business concern owned and operated by a technical, and professional competency of ship faced by veterans and members of the Reservist, who has been activated or is like- any expert or other assistance provider to Armed Forces; and ly to be activated in the next 12 months, to whom a small business concern may be re- ‘‘(C) increase coordination among organi- develop and implement a business strategy ferred for assistance by a grantee. zations that assist veterans, including by es- for the period while the owner is on active ‘‘(f) APPLICATION.— tablishing virtual integration of service pro- duty and 6 months after the date of the re- ‘‘(1) IN GENERAL.—Each eligible applicant viders and offerings for a one-stop point of turn of the owner; desiring a grant under this section shall sub- contact for veterans who are entrepreneurs ‘‘(6) the term ‘Reservist’ means any person mit an application to the Administrator at or owners of small business concerns. who is— such time, in such manner, and accompanied ‘‘(3) AMOUNT OF GRANTS.—A grant under ‘‘(A) a member of a reserve component of by such information as the Administrator this subsection shall be for not less than the Armed Forces, as defined by section 10101 may reasonably require. $75,000 and not more than $250,000. of title 10, United States Code; and ‘‘(2) CONTENTS.—Each application sub- ‘‘(4) FUNDING.—Subject to amounts ap- ‘‘(B) on active status, as defined by section mitted under paragraph (1) shall describe proved in advance in appropriations Acts, 101(d)(4) of title 10, United States Code; ‘‘(A) the activities for which the applicant the Administration may make grants or ‘‘(7) the term ‘small business development seeks assistance under this section; and enter into cooperative agreements to carry center’ means a small business development ‘‘(B) how the applicant plans to allocate out the provisions of this subsection.’’. center as described in section 21 of the Small funds within its network. TITLE III—RESERVIST PROGRAMS ‘‘(g) AWARD OF GRANTS.— Business Act (15 U.S.C. 648); SEC. 301. RESERVIST PROGRAMS. ‘‘(8) the term ‘State’ means each of the ‘‘(1) DEADLINE.—The Administrator shall (a) APPLICATION PERIOD.—Section 7(b)(3)(C) award grants not later than 60 days after the several States of the United States, the Dis- of the Small Business Act (15 U.S.C. promulgation of final rules and regulations trict of Columbia, the Commonwealth of 636(b)(3)(C)) is amended— Puerto Rico, the Virgin Islands, American under subsection (e). (1) by striking ‘‘90 days’’ and inserting ‘‘1 Samoa, and Guam; and ‘‘(2) AMOUNT.—Each eligible applicant year’’; and ‘‘(9) the term ‘women’s business center’ awarded a grant under this section shall re- (2) by adding at the end the following: means a women’s business center described ceive a grant in an amount not greater than ‘‘The Administrator may, when appropriate in section 29 of the Small Business Act (15 $300,000 per fiscal year. (as determined by the Administrator), waive U.S.C. 656). ‘‘(h) REPORT.— the ending date specified in the preceding ‘‘(1) IN GENERAL.—The Comptroller General ‘‘(c) AUTHORITY.—The Administrator may sentence and establish a later ending date.’’. award grants, in accordance with the regula- of the United States shall— (b) PRE-CONSIDERATION PROCESS.— tions developed under subsection (e), to eligi- ‘‘(A) initiate an evaluation of the program (1) DEFINITION.—In this subsection, the ble applicants to assist small business con- not later than 30 months after the disburse- term ‘‘eligible Reservist’’ means a Reservist cerns owned and operated by Reservists by— ment of the first grant under this section; who— ‘‘(1) providing management, development, and (A) has not been ordered to active duty; financing, procurement, technical, regu- ‘‘(B) submit a report not later than 6 (B) expects to be ordered to active duty latory, and marketing assistance; months after the initiation of the evaluation during a period of military conflict; and ‘‘(2) providing access to information and under paragraph (1) to— (C) can reasonably demonstrate that the resources, including Federal and State busi- ‘‘(1) the Administrator; small business concern for which that Re- ness assistance programs; ‘‘(ii) the Committee on Small Business and servist is a key employee will suffer eco- ‘‘(3) distributing contact information pro- Entrepreneurship of the Senate; and nomic injury in the absence of that Reserv- vided by the Department of Defense regard- ‘‘(iii) the Committee on Small Business of ist. ing activated Reservists to corresponding the House of Representitives. (2) ESTABLISHMENT.—Not later than 6 State directors; ‘‘(2) CONTENTS.—The report under para- months after the date of enactment of this ‘‘(4) offering free, one-on-one, in-depth graph (1) shall— Act, the Administrator shall establish a pre- counseling regarding management, develop- ‘‘(A) address the results of the evaluation consideration process, under which the Ad- ment, financing, procurement, regulations, conducted under paragraph (1); and ministrator and marketing; ‘‘(B) recommend changes to law, if any, (A) may collect all relevant materials nec- ‘‘(5) assisting in developing a long-term that it believes would be necessary or advis- essary for processing a loan to a small busi- plan for possible future activation; and able to achieve the goals of this section. ness concern under section 7(b)(3) of the ‘‘(6) providing enterprise transition and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Small Business Act (15 U.S.C. 636(b)(3)) be- sustainability assistance. ‘‘(1) IN GENERAL.—There are authorized to fore an eligible Reservist employed by that ‘‘(d) OTHER FEDERAL DEPARTMENTS AND be appropriated to carry out this section— small business concern is activated; and AGENCIES.—The Administrator shall make ‘‘(A) $5,000,000 for the first fiscal year be- (B) shall distribute funds for any loan ap- available informational materials relating to ginning after the date of enactment of the proved under subparagraph (A) if that eligi- veteran business assistance practices devel- Military Reservist and Veteran Small Busi- ble Reservist is activated. oped by eligible entities using grants under ness Reauthorization and Opportunity Act of (C) OUTREACH AND TECHNICAL ASSISTANCE this section to other Federal departments 2007; and PROGRAM.— and agencies for use in programs operated by ‘‘(B) $5,000,000 for the fiscal year following (1) IN GENERAL.—Not later than 6 months such departments and agencies. the fiscal year described in subparagraph (A). after the date of enactment of this Act, the ‘‘(e) RULEMAKING.— ‘‘(2) FUNDING OFFSET.—Amounts necessary Administrator, in consultation with the Sec- ‘‘(1) IN GENERAL.—The Administrator, in to carry out this section shall be offset and retary of Veterans Affairs and the Secretary consultation with the Association and after made available through the reduction of the of Defense, shall develop a comprehensive notice and an opportunity for comment, authorization of fielding under section outreach and technical assistance program shall promulgate regulations to carry out 20(e)(1)(B)(iv) of the Small Business Act (15 (in this subsection referred to as the ‘‘pro- this section. U.S.C. 631 note).’’. gram’’) to— ‘‘(2) DEADLINE.—The Administrator shall SEC. 204. VETERANS ASSISTANCE AND SERVICES (A) market the loans available under sec- promulgate final regulations not later than PROGRAM. tion 7(b)(3) of the Small Business Act (15 180 days of the date of enactment of the Mili- Section 21 of the Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and family tary Reservist and Veteran Small Business U.S.C. 648) is amended by adding at the end members of Reservists, that are on active Reauthorization and Opportunity Act of 2007. the following: duty and that are not on active duty; and ‘‘(3) CONTENTS.—The regulations developed ‘‘(n) VETERANS ASSISTANCE AND SERVICES (B) provide technical assistance to a small by the Administrator under this subsection PROGRAM.— business concern applying for a loan under shall establish— ‘‘(1) IN GENERAL.—A small business devel- that section. ‘‘(A) procedures for identifying, in con- opment center may apply for a grant under (2) COMPONENTS.—The program shall sultation with the Secretary of Defense, this subsection to carry out a veterans as- (A) incorporate appropriate websites main- States that have had a recent activation of sistance and services program. tained by the Administration, the Depart- Reservists; ‘‘(2) ELEMENTS OF PROGRAM.—Under a pro- ment of Veterans Affairs, and the Depart- ‘‘(B) priorities for the types of assistance gram carried out with a grant under this ment of Defense; and to be provided under the program authorized subsection, a small business development (B) require that information on the pro- by this section; center shall— gram is made available to small business ‘‘(C) standards relating to educational, ‘‘(A) create a marketing campaign to pro- concerns directly through technical, and support services to be pro- mote awareness and education of the serv- (i) the district offices and resource part- vided by a grantee; ices of the center that are available to vet- ners of the Administration, including small ‘‘(D) standards relating to any national erans, and to target the campaign toward business development centers, women’s busi- service delivery and support function to be veterans, servicedisabled veterans, military ness centers, and the Service Corps of Re- provided by a grantee; units, Federal agencies, and veterans organi- tired Executives; and ‘‘(E) standards relating to any work plan zations; (ii) other Federal agencies, including the that the Administrator may require a grant- ‘‘(B) use technology-assisted online coun- Department of Veterans Affairs and the De- ee to develop; and seling and distance learning technology to partment of Defense.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16023

(3) REPORT.— States Code, on or after September 11, 2001; (2) the Committee on Armed Services and (A) IN GENERAL.—Not later than 6 months or the Committee on Small Business of the after the date of enactment of this Act, and ‘‘(II) a service-disabled veteran who be- House of Representatives. every 6 months thereafter until the date that came such a veteran due to an injury or ill- SEC. 308. INCREASED VETERAN PARTICIPATION is 30 months after such date of enactment, ness incurred or aggravated in the active PROGRAM. the Administrator shall submit to Congress military, naval, or air service during a pe- Section 7(a) of the Small Business Act (15 a report on the status of the program. riod of active duty pursuant to a call or U.S.C. 636(a)) is amended by adding at the (B) CONTENTS.—Each report submitted order to active duty under a provision of law end the following: under subparagraph (A) shall include— referred to in subclause (I) on or after Sep- ‘‘(32) INCREASED VETERAN PARTICIPATION (i) for the 6-month period ending on the tember 11, 2001; and PROGRAM.— date of that report— ‘‘(ii) was subject to the time limitation ‘‘(A) DEFINITIONS.—In this paragraph— (I) the number of loans approved under sec- during such period of active duty. ‘‘(1) the term ‘cost’ has the meaning given tion 7(b)(3) of the Small Business Act (15 ‘‘(B) DURATION.—Upon submission of proper that term in section 502 of the Federal Credit U.S.C. 636(b)(3)); documentation to the Administrator, the ex- Reform Act of 1990 (2 U.S.C. 661a); (II) the number of loans disbursed under tension of a time limitation under subpara- ‘‘(ii) the term ‘pilot program’ means the that section; and graph (A) shall be equal to the period of time pilot program established under subpara- (III) the total amount disbursed under that that such veteran who owned or controlled graph (B); and section; and such a concern was on active duty as de- ‘‘(iii) the term ‘veteran participation loan’ (ii) recommendations, if any, to make the scribed in that subparagraph. means a loan made under this subsection to program more effective in serving small ‘‘(C) EXCEPTION FOR PROGRAMS SUBJECT TO a small business concern owned and con- business concerns that employ Reservists. FEDERAL CREDIT REFORM ACT OF 1990.—The trolled by veterans of the Armed Forces or SEC. 302. RESERVIST LOANS. provisions of subparagraphs (A) and (B) shall members of the reserve components of the (a) IN GENERAL.—Section 7(b)(3)(E) of the not apply to any programs subject to the Armed Forces. Small Business Act (15 U.S.C. 636(b)(3)(E)) is Federal Credit Reform Act of 1990 (2 U.S.C. ‘‘(B) ESTABLISHMENT.—The Administrator amended by striking ‘‘$1,500,000’’ each place 661 et seq.).’’. shall establish and carry out a pilot program such term appears and inserting ‘‘$2,000,000’’. SEC. 306. SERVICE-DISABLED VETERANS. under which the Administrator shall reduce (b) LOAN INFORMATION.— Not later than 180 days after the date of the fees for veteran participation loans. (1) IN GENERAL.—The Administrator and enactment of this Act, the Comptroller Gen- ‘‘(C) DURATION.—The pilot program shall the Secretary of Defense shall develop a eral of the United States shall submit to the terminate at the end of the second full fiscal joint website and printed materials pro- Committee on Small Business and Entrepre- year after the date that the Administrator viding information regarding any program neurship of the Senate and the Committee establishes the pilot program. for small business concerns that is available on Small Business of the House of Represent- ‘‘(D) MAXIMUM PARTICIPATION.—A veteran to veterans or Reservists. atives a report describing participation loan shall include the max- (2) MARKETING.—The Administrator is au- (1) the types of assistance needed by serv- imum participation levels by the Adminis- thorized— ice-disabled veterans who wish to become en- trator permitted for loans made under this (A) to advertise and promote the program trepreneurs; and subsection. under section 7(b)(3) of the Small Business (2) any resources that would assist such ‘‘(E) FEES.— Act jointly with the Secretary of Defense service-disabled veterans. ‘‘(i) IN GENERAL.—The fee on a veteran par- and veterans’ service organizations; and SEC. 307. STUDY ON OPTIONS FOR PROMOTING ticipation loan shall be equal to 50 percent of (B) to advertise and promote participation POSITIVE WORKING RELATIONS BE- the fee otherwise applicable to that loan by lenders in such program jointly with TWEEN EMPLOYERS AND THEIR RE- under paragraph (18). trade associations for banks or other lending SERVE COMPONENT EMPLOYEES. ‘‘(ii) WAIVER.—The Administrator may institutions. (a) STUDY REQUIRED.—The Comptroller waive clause (i) for a fiscal year if— General of the United States shall conduct a (I) for the fiscal year before that fiscal SEC. 303. NONCOLLATERALIZED LOANS. study on options for promoting positive year, the annual estimated rate of default of Section 7(b)(3) of the Small Business Act working relations between employers and veteran participation loans exceeds that of (15 U.S.C. 636(b)(3)) is amended by adding at Reserve component employees of such em- loans made under this subsection that are the end the following: ployers, including assessing options for im- not veteran participation loans; ‘‘(G)(i) Notwithstanding any other provi proving the time in which employers of Re- ‘‘(II) the cost to the Administration of sion of law, the Administrator may make a servists are notified of the call or order of making loans under this subsection is great- loan under this paragraph of not more than such members to active duty other than for er than zero and such cost is directly attrib- $50,000 without collateral. training. utable to the cost of making veteran partici- ‘‘(ii) The Administrator may defer pay- (b) REPORT.— pation loans; and ment of principal and interest on a loan de- (1) IN GENERAL.—Not later than 180 days ‘‘(III) no additional sources of revenue au- scribed in clause (i) during the longer of— after the date of enactment of tliis Aet, the thority are available to reduce the cost of ‘‘(I) the 1-year period beginning on the date Comptroller General of the United States making loans under this subsection to zero. of the initial disbursement of the loan; and shall submit to the appropriate committees ‘‘(iii) EFFECT OF WAIVER.—If the Adminis- ‘‘(II) the period during which the relevant of Congress a report on the study conducted trator waives the reduction of fees under essential employee is on active duty.’’. under subsection (a). clause (ii), the Administrator SEC. 304. LOAN PRIORITY. (2) CONTENTS.—The report submitted under ‘‘(I) shall not assess or collect fees in an Section 7(b)(3) of the Small Business Act paragraph (1) shall— amount greater than necessary to ensure (15 U.S.C. 636(b)(3)), as amended by this Act, (A) provide a quantitative and qualitative that the cost of the program under this sub- is amended by adding at the end the fol- assessment of— section is not greater than zero; and lowing: (i) what measures, if any, are being taken ‘‘(II) shall reinstate the fee reductions ‘‘(H) The Administrator shall give priority to inform Reservists of the obligations and under clause (i) when the conditions in to any application for a loan under this para- responsibilities of such members to their em- clause (ii) no longer apply. graph and shall process and make a deter- ployers; ‘‘(iv) NO INCREASE OF FEES.—The Adminis- mination regarding such applications prior (ii) how effective such measures have been; trator shall not increase the fees under para- to processing or making a determination on and whether there are additional measures graph (18) on loans made under this sub- other loan applications under this sub- that could be taken to promote positive section that are not veteran participation section, on a rolling basis.’’. working relations between Reservists and loans as a direct result of the pilot program. SEC. 305. RELIEF FROM TIME LIMITATIONS FOR their employers, including any steps that ‘‘(F) GAO REPORT.— VETERAN-OWNED SMALL BUSI- could be taken to ensure that employers are ‘‘(i) IN GENERAL.—Not later than 1 year NESSES. timely notified of a call to active duty; and after the date that the pilot program termi- Section 3(q) of the Small Business Act (15 (B) assess whether there has been a reduc- nates, the Comptroller General of the United U.S.C. 632(q)) is amended by adding at the tion in the hiring of Reservists by business States shall submit to the Committee on end the following: concerns because of— Small Business of the House of Representa- ‘‘(5) RELIEF FROM TIME LIMITATIONS.— (i) any increase in the use of Reservists tives and the Committee on Small Business ‘‘(A) IN GENERAL.—Any time limitation on after September 11, 2001; or and Entrepreneurship of the Senate a report any qualification, certification, or period of (ii) any change in any policy of the Depart- on the pilot program. participation imposed under this Act on any ment of Defense relating to Reservists after ‘‘(ii) CONTENTS.—The report submitted program that is available to small business September 11, 2001. under clause (i) shall include— concerns shall be extended for a small busi- (c) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(I) the number of veteran participation ness concern that— DEFINED.—In this section, the term ‘‘appro- loans for which fees were reduced under the ‘‘(i) is owned and controlled by— priate committees of Congress’’ means— pilot program; ‘‘(I) a veteran who was called or ordered to (1) the Committee on Armed Services and ‘‘(II) a description of the impact of the active duty under a provision of law specified the Committee on Small Business and Entre- pilot program on the program under this in section 101(a)(13)(B) of title 10, United preneurship of the Senate; and subsection;

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16024 CONGRESSIONAL RECORD — SENATE December 19, 2007 ‘‘(III) an evaluation of the efficacy and po- ‘‘(2) disseminate the information compiled Sec. 104. Penalties for noncompliance. tential fraud and abuse of the pilot program; under paragraph (1) through Veteran Busi- Sec. 105. Relief from disabilities program re- and ness Outreach Centers and women’s business quired as condition for partici- ‘‘(IV) recommendations for improving the centers.’’. pation in grant programs. pilot program.’’. On page 11, strike line 10 and all that fol- Sec. 106. Illegal immigrant gun purchase no- lows through page 20, line 23, and insert the tification. SA 3886. Mr. REID (for Mr. COBURN) following: proposed an amendment to amendment SEC. 201. VETERANS ASSISTANCE AND SERVICES TITLE II—FOCUSING FEDERAL ASSIST- SA 3885 proposed by Mr. REID (for Mr. PROGRAM. ANCE ON THE IMPROVEMENT OF REL- EVANT RECORDS KERRY) to the bill S. 1784, to amend the On page 22, between lines 10 and 11, insert Small Business Act to improve pro- the following: Sec. 201. Continuing evaluations. grams for veterans, and for other pur- SEC. 202. DISASTER LOANS. TITLE III—GRANTS TO STATE COURT poses; as follows: Section 7(b)(3) of the Small Business Act SYSTEMS FOR THE IMPROVEMENT IN On page 4, line 25, strike ‘‘increase’’ and all (15 U.S.C. 636(b)(3)) is amended— AUTOMATION AND TRANSMITTAL OF that follows through ‘‘opportunities to’’ on (1) in subparagraph (E), by striking ‘‘un- DISPOSITION RECORDS page 5, line 2, and insert ‘‘improve capital less’’ and all that follows and inserting a pe- riod; and Sec. 301. Disposition records automation and and business development opportunities for, (2) by inserting after subparagraph (I), the transmittal improvement and ensure achievement of the pre-estab- following: grants. lished Federal contracting goals for’’. ‘‘(J) There shall be reasonable assurance On page 5, line 10, after the semicolon, add TITLE IV—GAO AUDIT that a loan recipient under this paragraph ‘‘and’’. Sec. 401. GAO audit. On page 5, line 22, strike ‘‘; and’’ and insert can repay the loan of personal or business cash flow.’’. a period. SEC. 2. FINDINGS. On page 5, strike lines 23 through 25. On page 22, line 21, strike ‘‘waive’’ and all Congress finds the following: On page 6, strike line 1 and all that follows that follows through ‘‘date’’ on line 23 and (1) Approximately 916,000 individuals were through page 7, line 16, and insert the fol- insert ‘‘extend the ending date specified in prohibited from purchasing a firearm for lowing: the preceding sentence by not more than 1 failing a background check between Novem- ‘‘(3) DUTIES.—The task force shall— year’’. ber 30, 1998, (the date the National Instant ‘‘(A) consult regularly with veterans serv- On page 24, line 4, strike ‘‘shall’’ and insert Criminal Background Check System (NICS) ice organizations and military organizations ‘‘may’’. began operating) and December 31, 2004. in performing the duties of the task force; On page 32, between lines 9 and 10, insert (2) From November 30, 1998, through De- and the following: cember 31, 2004, nearly 49,000,000 Brady back- ‘‘(B) coordinate administrative and regu- (d) ADDITIONAL STUDY.—Not later than 180 ground checks were processed through NICS. latory activities and develop proposals relat- days after the date of enactment of this Act, (3) Although most Brady background ing to— the Office of Advocacy of the Administration checks are processed through NICS in sec- ‘‘(i) improving capital access and capacity shall submit to Congress a report describ- onds, many background checks are delayed if of small business concerns owned and con- ing— the Federal Bureau of Investigation (FBI) trolled by service-disabled veterans and (1) the barriers in place arising from Fed- does not have automated access to complete small business concerns owned and con- eral regulations for veterans who wish to be- information from the States concerning per- trolled by veterans through loans, surety come entrepreneurs; sons prohibited from possessing or receiving bonding, and franchising; (2) the barriers in place arising from the a firearm under Federal or State law. ‘‘(ii) ensuring achievement of the pre-es- tax code for veterans who wish to become en- (4) Nearly 21,000,000 criminal records are tablished Federal contracting goals for small trepreneurs; and not accessible by NICS and millions of crimi- business concerns owned and controlled by (3) any recommendations for how best to nal records are missing critical data, such as service-disabled veterans and small business eliminate those barriers to better assist cur- arrest dispositions, due to data backlogs. concerns owned and controlled by veterans rent or prospective veteran small business (5) The primary cause of delay in NICS through expanded mentor-prote´ge´ assistance owners. background checks is the lack of— and matching such small business concerns (A) updates and available State criminal with contracting opportunities; SA 3887. Mr. SCHUMER (for Mr. disposition records; and ‘‘(iii) increasing the integrity of certifi- LEAHY (for himself and Mr. SCHUMER)) (B) automated access to information con- cations of status as a small business concern proposed an amendment to the bill cerning persons prohibited from possessing owned and controlled by service-disabled H.R. 2640, to improve the National In- or receiving a firearm because of mental ill- veterans or a small business concern owned ness, restraining orders, or misdemeanor and controlled by veterans; stant Criminal Background Check Sys- convictions for domestic violence. ‘‘(iv) reducing paperwork and administra- tem, and for other purposes; as follows: (6) Automated access to this information tive burdens on veterans in accessing busi- Strike all after the enacting clause and in- can be improved by— ness development and entrepreneurship op- sert the following: (A) computerizing information relating to portunities; SECTION 1. SHORT TITLE AND TABLE OF CON- criminal history, criminal dispositions, men- ‘‘(v) increasing and improving training and TENTS. tal illness, restraining orders, and mis- counseling services provided to small busi- (a) SHORT TILE.—This Act may be cited as demeanor convictions for domestic violence; ness concerns owned and controlled by vet- the ‘‘NICS Improvement Amendments Act of or erans; and 2007’’. (B) making such information available to ‘‘(vi) making other improvements relating NICS in a usable format. (b) TABLE OF CONTENTS.—The table of con- to the support for veterans business develop- tents for this Act is as follows: (7) Helping States to automate these ment by the Federal Government. records will reduce delays for law-abiding Sec. 1. Short title and table of contents. On page 9, strike line 13 and all that fol- gun purchasers. Sec. 2. Findings. lows through page 10, line 8, and insert the (8) On March 12, 2002, the senseless shoot- Sec. 3. Definitions. following: ing, which took the lives of a priest and a pa- ‘‘(e) WOMEN VETERANS BUSINESS TRAIN- TITLE I—TRANSMITTAL OF RECORDS rishioner at the Our Lady of Peace Church in ING.—The Associate Administrator shall— Sec. 101. Enhancement of requirement that Lynbrook, New York, brought attention to ‘‘(1) compile information on existing re- Federal departments and agen- the need to improve information-sharing sources available to women veterans for cies provide relevant informa- that would enable Federal and State law en- business training, including resources for— tion to the National Instant forcement agencies to conduct a complete ‘‘(A) vocational and technical education; Criminal Background Check background check on a potential firearm ‘‘(B) general business skills, such as mar- System. purchaser. The man who committed this keting and accounting; and Sec. 102. Requirements to obtain waiver. double murder had a prior disqualifying ‘‘(C) business assistance programs targeted Sec. 103. Implementation assistance to mental health commitment and a restrain- to women veterans; and States. ing order against him, but passed a Brady

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16025

background check because NICS did not have record in the National Instant Criminal (2) TREATMENT OF CERTAIN ADJUDICATIONS the necessary information to determine that Background Check System is updated, cor- AND COMMITMENTS.— he was ineligible to purchase a firearm under rected, modified, or removed within 30 days (A) PROGRAM FOR RELIEF FROM DISABIL- Federal or State law. of receipt. ITIES.— (9) On April 16, 2007, a student with a his- ‘‘(E) ANNUAL REPORT.—The Attorney Gen- (i) IN GENERAL.—Each department or agen- tory of mental illness at the Virginia Poly- eral shall submit an annual report to Con- cy of the United States that makes any adju- technic Institute and State University shot gress that describes the compliance of each dication related to the mental health of a to death 32 students and faculty members, department or agency with the provisions of person or imposes any commitment to a wounded 17 more, and then took his own life. this paragraph.’’. mental institution, as described in sub- The shooting, the deadliest campus shooting (b) PROVISION AND MAINTENANCE OF NICS section (d)(4) and (g)(4) of section 922 of title in United States history, renewed the need RECORDS.— 18, United States Code, shall establish, not to improve information-sharing that would (1) DEPARTMENT OF HOMELAND SECURITY.— later than 120 days after the date of enact- enable Federal and State law enforcement The Secretary of Homeland Security shall ment of this Act, a program that permits agencies to conduct complete background make available to the Attorney General— such a person to apply for relief from the dis- (A) records, updated not less than quar- checks on potential firearms purchasers. In abilities imposed by such subsections. terly, which are relevant to a determination spite of a proven history of mental illness, (ii) PROCESS.—Each application for relief of whether a person is disqualified from pos- the shooter was able to purchase the two submitted under the program required by sessing or receiving a firearm under sub- firearms used in the shooting. Improved co- this subparagraph shall be processed not section (g) or (n) of section 922 of title 18, ordination between State and Federal au- later than 365 days after the receipt of the thorities could have ensured that the shoot- United States Code, for use in background checks performed by the National Instant application. If a Federal department or agen- er’s disqualifying mental health information cy fails to resolve an application for relief was available to NICS. Criminal Background Check System; and (B) information regarding all the persons within 365 days for any reason, including a SEC. 3. DEFINITIONS. described in subparagraph (A) of this para- lack of appropriated funds, the department As used in this Act, the following defini- graph who have changed their status to a or agency shall be deemed for all purposes to tions shall apply: category not identified under section have denied such request for relief without (1) COURT ORDER.—The term ‘‘court order’’ 922(g)(5) of title 18, United States Code, for cause. Judicial review of any petitions includes a court order (as described in sec- removal, when applicable, from the National brought under this clause shall be de novo. tion 922(g)(8) of title 18, United States Code). Instant Criminal Background Check System. (iii) JUDICIAL REVIEW.—Relief and judicial (2) MENTAL HEALTH TERMS.—The terms (2) DEPARTMENT OF JUSTICE.—The Attorney review with respect to the program required ‘‘adjudicated as a mental defective’’ and General shall— by this subparagraph shall be available ac- ‘‘committed to a mental institution’’ have (A) ensure that any information submitted cording to the standards prescribed in sec- the same meanings as in section 922(g)(4) of to, or maintained by, the Attorney General tion 925(c) of title 18, United States Code. If title 18, United States Code. under this section is kept accurate and con- the denial of a petition for relief has been re- (3) MISDEMEANOR CRIME OF DOMESTIC VIO- fidential, as required by the laws, regula- versed after such judicial review, the court LENCE.—The term ‘‘misdemeanor crime of tions, policies, or procedures governing the shall award the prevailing party, other than domestic violence’’ has the meaning given applicable record system; the United States, a reasonable attorney’s the term in section 921(a)(33) of title 18, (B) provide for the timely removal and de- fee for any and all proceedings in relation to United States Code. struction of obsolete and erroneous names attaining such relief, and the United States TITLE I—TRANSMITTAL OF RECORDS and information from the National Instant shall be liable for such fee. Such fee shall be SEC. 101. ENHANCEMENT OF REQUIREMENT Criminal Background Check System; and based upon the prevailing rates awarded to THAT FEDERAL DEPARTMENTS AND (C) work with States to encourage the de- public interest legal aid organizations in the AGENCIES PROVIDE RELEVANT IN- velopment of computer systems, which relevant community. FORMATION TO THE NATIONAL IN- would permit electronic notification to the (B) RELIEF FROM DISABILITIES.—In the case STANT CRIMINAL BACKGROUND Attorney General when— of an adjudication related to the mental CHECK SYSTEM. (i) a court order has been issued, lifted, or health of a person or a commitment of a per- (a) IN GENERAL.—Section 103(e)(1) of the otherwise removed by order of the court; or son to a mental institution, a record of Brady Handgun Violence Prevention Act (18 (ii) a person has been adjudicated as a men- which may not be provided to the Attorney U.S.C. 922 note) is amended— tal defective or committed to a mental insti- General under paragraph (1), including be- (1) by striking ‘‘Notwithstanding’’ and in- tution. cause of the absence of a finding described in serting the following: (c) STANDARD FOR ADJUDICATIONS AND COM- subparagraph (C) of such paragraph, or from ‘‘(A) IN GENERAL.—Notwithstanding’’; MITMENTS RELATED TO MENTAL HEALTH.— which a person has been granted relief under (2) by striking ‘‘On request’’ and inserting (1) IN GENERAL.—No department or agency a program established under subparagraph the following: of the Federal Government may provide to (A) or (B), or because of a removal of a ‘‘(B) REQUEST OF ATTORNEY GENERAL.—On the Attorney General any record of an adju- record under section 103(e)(1)(D) of the Brady request’’; dication related to the mental health of a Handgun Violence Prevention Act, the adju- (3) by striking ‘‘furnish such information’’ person or any commitment of a person to a dication or commitment, respectively, shall and inserting ‘‘furnish electronic versions of mental institution if— be deemed not to have occurred for purposes the information described under subpara- (A) the adjudication or commitment, re- of subsections (d)(4) and (g)(4) of section 922 graph (A)’’; and spectively, has been set aside or expunged, or of title 18, United States Code. Any Federal (4) by adding at the end the following: the person has otherwise been fully released agency that grants a person relief from dis- ‘‘(C) QUARTERLY SUBMISSION TO ATTORNEY or discharged from all mandatory treatment, abilities under this subparagraph shall no- GENERAL.—If a Federal department or agency supervision, or monitoring; tify such person that the person is no longer under subparagraph (A) has any record of (B) the person has been found by a court, prohibited under 922(d)(4) or 922(g)(4) of title any person demonstrating that the person board, commission, or other lawful authority 18, United States Code, on account of the re- falls within one of the categories described to no longer suffer from the mental health lieved disability for which relief was granted in subsection (g) or (n) of section 922 of title condition that was the basis of the adjudica- pursuant to a proceeding conducted under 18, United States Code, the head of such de- tion or commitment, respectively, or has this subparagraph, with respect to the acqui- partment or agency shall, not less frequently otherwise been found to be rehabilitated sition, receipt, transfer, shipment, transpor- than quarterly, provide the pertinent infor- through any procedure available under law; tation, or possession of firearms. mation contained in such record to the At- or (3) NOTICE REQUIREMENT.—Effective 30 days torney General. (C) the adjudication or commitment, re- after the date of enactment of this Act, any ‘‘(D) INFORMATION UPDATES.—The Federal spectively, is based solely on a medical find- Federal department or agency that conducts department or agency, on being made aware ing of disability, without an opportunity for proceedings to adjudicate a person as a men- that the basis under which a record was a hearing by a court, board, commission, or tal defective under 922(d)(4) or 922(g)(4) of made available under subparagraph (A) does other lawful authority, and the person has title 18, United States Code, shall provide not apply, or no longer applies, shall— not been adjudicated as a mental defective both oral and written notice to the indi- ‘‘(i) update, correct, modify, or remove the consistent with section 922(g)(4) of title 18, vidual at the commencement of the adju- record from any database that the agency United States Code, except that nothing in dication process including— maintains and makes available to the Attor- this section or any other provision of law (A) notice that should the agency adju- ney General, in accordance with the rules shall prevent a Federal department or agen- dicate the person as a mental defective, or pertaining to that database; and cy from providing to the Attorney General should the person be committed to a mental ‘‘(ii) notify the Attorney General that such any record demonstrating that a person was institution, such adjudication, when final, or basis no longer applies so that the National adjudicated to be not guilty by reason of in- such commitment, will prohibit the indi- Instant Criminal Background Check System sanity, or based on lack of mental responsi- vidual from purchasing, possessing, receiv- is kept up to date. bility, or found incompetent to stand trial, ing, shipping or transporting a firearm or The Attorney General upon receiving notice in any criminal case or under the Uniform ammunition under section 922(d)(4) or sec- pursuant to clause (ii) shall ensure that the Code of Military Justice. tion 922(g)(4) of title 18, United States Code;

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16026 CONGRESSIONAL RECORD — SENATE December 19, 2007 (B) information about the penalties im- or committed to a mental institution, con- System, records relevant to a determination posed for unlawful possession, receipt, ship- sistent with section 922(g)(4) of title 18, of whether a person has been convicted in ment or transportation of a firearm under United States Code, and whose record is not any court of a misdemeanor crime of domes- section 924(a)(2) of title 18, United States protected from disclosure to the Attorney tic violence. With respect to records relating Code; and General under any provision of State or Fed- to such crimes, the State shall provide infor- (C) information about the availability of eral law. mation specifically describing the offense relief from the disabilities imposed by Fed- (v) A record that is electronically available and the specific section or subsection of the eral laws with respect to the acquisition, re- and that identifies a person who, as of the offense for which the defendant has been con- ceipt, transfer, shipment, transportation, or date of such estimate, is subject to a court victed and the relationship of the defendant possession of firearms. order described in section 922(g)(8) of title 18, to the victim in each case. (4) EFFECTIVE DATE.—Except for paragraph United States Code. (3) APPLICATION TO PERSONS WHO HAVE BEEN (3), this subsection shall apply to names and (vi) A record that is electronically avail- ADJUDICATED AS A MENTAL DEFECTIVE OR COM- other information provided before, on, or able and that identifies a person convicted in MITTED TO A MENTAL INSTITUTION.—The State after the date of enactment of this Act. Any any court of a misdemeanor crime of domes- shall make available to the Attorney Gen- name or information provided in violation of tic violence, as defined in section 921(a)(33) of eral, for use by the National Instant Crimi- this subsection (other than in violation of title 18, United States Code. nal Background Check System, the name paragraph (3)) before, on, or after such date (2) SCOPE.—The Attorney General, in deter- and other relevant identifying information shall be removed from the National Instant mining the compliance of a State under this of persons adjudicated as a mental defective Criminal Background Check System. section or section 104 for the purpose of or those committed to mental institutions to SEC. 102. REQUIREMENTS TO OBTAIN WAIVER. granting a waiver or imposing a loss of Fed- assist the Attorney General in enforcing sec- (a) IN GENERAL.—Beginning 3 years after eral funds, shall assess the total percentage tion 922(g)(4) of title 18, United States Code. the date of the enactment of this Act, a of records provided by the State concerning (d) PRIVACY PROTECTIONS.—For any infor- State shall be eligible to receive a waiver of any event occurring within the prior 20 mation provided to the Attorney General for the 10 percent matching requirement for Na- years, which would disqualify a person from use by the National Instant Criminal Back- tional Criminal History Improvement Grants possessing a firearm under subsection (g) or ground Check System, relating to persons under the Crime Identification Technology (n) of section 922 of title 18, United States prohibited from possessing or receiving a Act of 1988 (42 U.S.C. 14601) if the State pro- Code. firearm under section 922(g)(4) of title 18, United States Code, the Attorney General vides at least 90 percent of the information (3) CLARIFICATION.—Notwithstanding para- shall work with States and local law enforce- described in subsection (c). The length of graph (2), States shall endeavor to provide ment and the mental health community to such a waiver shall not exceed 2 years. the National Instant Criminal Background establish regulations and protocols for pro- (b) STATE ESTIMATES.— Check System with all records concerning tecting the privacy of information provided (1) INITIAL STATE ESTIMATE.— persons who are prohibited from possessing to the system. The Attorney General shall (A) IN GENERAL.—To assist the Attorney or receiving a firearm under subsection (g) make every effort to meet with any mental General in making a determination under or (n) of section 922 of title 18, United States health group seeking to express its views subsection (a) of this section, and under sec- Code, regardless of the elapsed time since concerning these regulations and protocols tion 104, concerning the compliance of the the disqualifying event. and shall seek to develop regulations as ex- States in providing information to the At- (c) ELIGIBILITY OF STATE RECORDS FOR SUB- MISSION TO THE NATIONAL INSTANT CRIMINAL peditiously as practicable. torney General for the purpose of receiving a (e) ATTORNEY GENERAL REPORT.—Not later BACKGROUND CHECK SYSTEM.— waiver under subsection (a) of this section, than January 31 of each year, the Attorney (1) REQUIREMENTS FOR ELIGIBILITY.— or facing a loss of funds under section 104, by General shall submit to the Committee on (A) IN GENERAL.—From the information a date not later than 180 days after the date the Judiciary of the Senate and the Com- collected by a State, the State shall make of the enactment of this Act, each State mittee on the Judiciary of the House of Rep- electronically available to the Attorney shall provide the Attorney General with a resentatives a report on the progress of General records relevant to a determination reasonable estimate, as calculated by a States in automating the databases con- of whether a person is disqualified from pos- method determined by the Attorney General taining the information described in sub- sessing or receiving a firearm under sub- and in accordance with section 104(d), of the section (b) and in making that information section (g) or (n) of section 922 of title 18, number of the records described in subpara- electronically available to the Attorney United States Code, or applicable State law. graph (C) applicable to such State that con- General pursuant to the requirements of sub- (B) NICS UPDATES.—The State, on being cern persons who are prohibited from pos- section (c). made aware that the basis under which a sessing or receiving a firearm under sub- SEC. 103. IMPLEMENTATION ASSISTANCE TO section (g) or (n) of section 922 of title 18, record was made available under subpara- STATES. graph (A) does not apply, or no longer ap- United States Code. (a) AUTHORIZATION.— plies, shall, as soon as practicable— (B) FAILURE TO PROVIDE INITIAL ESTIMATE.— (1) IN GENERAL.—From amounts made A State that fails to provide an estimate de- (i) update, correct, modify, or remove the available to carry out this section and sub- scribed in subparagraph (A) by the date re- record from any database that the Federal or ject to section 102(b)(1)(B), the Attorney quired under such subparagraph shall be in- State government maintains and makes General shall make grants to States and In- eligible to receive any funds under section available to the National Instant Criminal dian tribal governments, in a manner con- 103, until such date as it provides such esti- Background Check System, consistent with sistent with the National Criminal History mate to the Attorney General. the rules pertaining to that database; and Improvement Program, which shall be used (C) RECORD DEFINED.—For purposes of sub- (ii) notify the Attorney General that such by the States and Indian tribal governments, paragraph (A), a record is the following: basis no longer applies so that the record in conjunction with units of local govern- (i) A record that identifies a person who system in which the record is maintained is ment and State and local courts, to establish has been convicted in any court of a crime kept up to date. or upgrade information and identification punishable by imprisonment for a term ex- The Attorney General upon receiving notice technologies for firearms eligibility deter- ceeding 1 year. pursuant to clause (ii) shall ensure that the minations. Not less than 3 percent, and no (ii) A record that identifies a person for record in the National Instant Criminal more than 10 percent of each grant under whom an indictment has been returned for a Background Check System is updated, cor- this paragraph shall be used to maintain the crime punishable by imprisonment for a rected, modified, or removed within 30 days relief from disabilities program in accord- term exceeding 1 year that is valid under the of receipt. ance with section 105. laws of the State involved or who is a fugi- (C) CERTIFICATION.—To remain eligible for (2) GRANTS TO INDIAN TRIBES.—Up to 5 per- tive from justice, as of the date of the esti- a waiver under subsection (a), a State shall cent of the grant funding available under mate, and for which a record of final disposi- certify to the Attorney General, not less this section may be reserved for Indian tribal tion is not available. than once during each 2-year period, that at governments, including tribal judicial sys- (iii) A record that identifies a person who least 90 percent of all records described in tems. is an unlawful user of, or addicted to a con- subparagraph (A) has been made electroni- (b) USE OF GRANT AMOUNTS.—Grants trolled substance (as such terms ‘‘unlawful cally available to the Attorney General in awarded to States or Indian tribes under this user’’ and ‘‘addicted’’ are respectively de- accordance with subparagraph (A). section may only be used to— fined in regulations implementing section (D) INCLUSION OF ALL RECORDS.—For pur- (1) create electronic systems, which pro- 922(g)(3) of title 18, United States Code, as in poses of this paragraph, a State shall iden- vide accurate and up-to-date information effect on the date of the enactment of this tify and include all of the records described which is directly related to checks under the Act) as demonstrated by arrests, convic- under subparagraph (A) without regard to National Instant Criminal Background tions, and adjudications, and whose record is the age of the record. Check System (referred to in this section as not protected from disclosure to the Attor- (2) APPLICATION TO PERSONS CONVICTED OF ‘‘NICS’’), including court disposition and ney General under any provision of State or MISDEMEANOR CRIMES OF DOMESTIC VIO- corrections records; Federal law. LENCE.—The State shall make available to (2) assist States in establishing or enhanc- (iv) A record that identifies a person who the Attorney General, for use by the Na- ing their own capacities to perform NICS has been adjudicated as a mental defective tional Instant Criminal Background Check background checks;

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16027 (3) supply accurate and timely information Act, the Attorney General may withhold not with this section, an application for relief re- to the Attorney General concerning final dis- more than 3 percent of the amount that ferred to in subsection (a)(1) of this section is positions of criminal records to databases would otherwise be allocated to a State granted with respect to an adjudication or a accessed by NICS; under section 505 of the Omnibus Crime Con- commitment to a mental institution or (4) supply accurate and timely information trol and Safe Streets Act of 1968 (42 U.S.C. based upon a removal of a record under sec- to the Attorney General concerning the iden- 3755) if the State provides less than 50 per- tion 102(c)(1)(B), the adjudication or commit- tity of persons who are prohibited from ob- cent of the records required to be provided ment, as the case may be, is deemed not to taining a firearm under section 922(g)(4) of under sections 102 and 103. have occurred for purposes of subsections title 18, United States Code, to be used by (B) During the 5-year period after the expi- (d)(4) and (g)(4) of section 922 of title 18, the Federal Bureau of Investigation solely to ration of the period referred to in subpara- United States Code. conduct NICS background checks; graph (A), the Attorney General may with- SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE (5) supply accurate and timely court orders hold not more than 4 percent of the amount NOTIFICATION. and records of misdemeanor crimes of do- that would otherwise be allocated to a State (a) IN GENERAL.—Notwithstanding any mestic violence for inclusion in Federal and under section 505 of the Omnibus Crime Con- other provision of law or of this Act, all State law enforcement databases used to trol and Safe Streets Act of 1968 (42 U.S.C. records obtained by the National Instant conduct NICS background checks; 3755) if the State provides less than 70 per- Criminal Background Check system relevant (6) collect and analyze data needed to dem- cent of the records required to be provided to whether an individual is prohibited from onstrate levels of State compliance with this under sections 102 and 103. possessing a firearm because such person is Act; and (2) MANDATORY REDUCTION.—After the expi- an alien illegally or unlawfully in the United (7) maintain the relief from disabilities ration of the periods referred to in paragraph States shall be made available to U.S. Immi- program in accordance with section 105, but (1), the Attorney General shall withhold 5 gration and Customs Enforcement. not less than 3 percent, and no more than 10 percent of the amount that would otherwise (b) REGULATIONS.—The Attorney General, percent of each grant shall be used for this be allocated to a State under section 505 of at his or her discretion, shall promulgate purpose. the Omnibus Crime Control and Safe Streets guidelines relevant to what records relevant to illegal aliens shall be provided pursuant (c) ELIGIBILITY.—To be eligible for a grant Act of 1968 (42 U.S.C. 3755), if the State pro- under this section, a State shall certify, to vides less than 90 percent of the records re- to the provisions of this Act. the satisfaction of the Attorney General, quired to be provided under sections 102 and TITLE II—FOCUSING FEDERAL ASSIST- that the State has implemented a relief from 103. ANCE ON THE IMPROVEMENT OF REL- disabilities program in accordance with sec- (3) WAIVER BY ATTORNEY GENERAL.—The At- EVANT RECORDS tion 105. torney General may waive the applicability SEC. 201. CONTINUING EVALUATIONS. (d) CONDITION.—As a condition of receiving of paragraph (2) to a State if the State pro- (a) EVALUATION REQUIRED.—The Director of a grant under this section, a State shall vides substantial evidence, as determined by the Bureau of Justice Statistics (referred to specify the projects for which grant amounts the Attorney General, that the State is mak- in this section as the ‘‘Director’’) shall study will be used, and shall use such amounts ing a reasonable effort to comply with the and evaluate the operations of the National only as specified. A State that violates this requirements of sections 102 and 103, includ- Instant Criminal Background Check System. subsection shall be liable to the Attorney ing an inability to comply due to court order Such study and evaluation shall include General for the full amount of the grant re- or other legal restriction. compilations and analyses of the operations ceived under this section. (c) REALLOCATION.—Any funds that are not and record systems of the agencies and orga- (e) AUTHORIZATION OF APPROPRIATIONS.— allocated to a State because of the failure of nizations necessary to support such System. (1) IN GENERAL.—There are authorized to be the State to comply with the requirements (b) REPORT ON GRANTS.—Not later than appropriated to carry out this section of this Act shall be reallocated to States January 31 of each year, the Director shall $125,000,000 for fiscal year 2009, $250,000,000 for that meet such requirements. submit to Congress a report containing the fiscal year 2010, $250,000,000 for fiscal year (d) METHODOLOGY.—The method estab- estimates submitted by the States under sec- 2011, $125,000,000 for fiscal year 2012, and lished to calculate the number of records to tion 102(b). (c) REPORT ON BEST PRACTICES.—Not later $125,000,000 for fiscal year 2013. be reported, as set forth in section than January 31 of each year, the Director (2) ALLOCATIONS.—For fiscal years 2009 and 102(b)(1)(A), and State compliance with the shall submit to Congress, and to each State 2010, the Attorney General shall endeavor to required level of reporting under sections 102 and 103 shall be determined by the Attorney participating in the National Criminal His- allocate at least 1⁄2 of the authorized appro- tory Improvement Program, a report of the priations to those States providing more General. The Attorney General shall cal- practices of the States regarding the collec- than 50 percent of the records required to be culate the methodology based on the total tion, maintenance, automation, and trans- provided under sections 102 and 103. For fis- number of records to be reported from all mittal of information relevant to deter- cal years 2011, 2012, and 2013, the Attorney subcategories of records, as described in sec- tion 102(b)(1)(C). mining whether a person is prohibited from General shall endeavor to allocate at least 1⁄2 SEC. 105. RELIEF FROM DISABILITIES PROGRAM possessing or receiving a firearm by Federal of the authorized appropriations to those or State law, by the State or any other agen- States providing more than 70 percent of the REQUIRED AS CONDITION FOR PAR- TICIPATION IN GRANT PROGRAMS. cy, or any other records relevant to the Na- records required to be provided under section (a) PROGRAM DESCRIBED.—A relief from dis- tional Instant Criminal Background Check 102 and 103. The allocations in this paragraph abilities program is implemented by a State System, that the Director considers to be shall be subject to the discretion of the At- in accordance with this section if the pro- best practices. torney General, who shall have the authority gram— (d) AUTHORIZATION OF APPROPRIATIONS.— to make adjustments to the distribution of (1) permits a person who, pursuant to State There are authorized to be appropriated such the authorized appropriations as necessary law, has been adjudicated as described in sums as may be necessary for each of the fis- to maximize incentives for State compli- subsection (g)(4) of section 922 of title 18, cal years 2009 through 2013 to complete the ance. United States Code, or has been committed studies, evaluations, and reports required (f) USER FEE.—The Federal Bureau of In- to a mental institution, to apply to the under this section. vestigation shall not charge a user fee for State for relief from the disabilities imposed TITLE III—GRANTS TO STATE COURT SYS- background checks pursuant to section 922(t) by subsections (d)(4) and (g)(4) of such sec- TEMS FOR THE IMPROVEMENT IN AUTO- of title 18, United States Code. tion by reason of the adjudication or com- MATION AND TRANSMITTAL OF DISPOSI- SEC. 104. PENALTIES FOR NONCOMPLIANCE. mitment; TION RECORDS (a) ATTORNEY GENERAL REPORT.— (2) provides that a State court, board, com- SEC. 301. DISPOSITION RECORDS AUTOMATION (1) IN GENERAL.—Not later than January 31 mission, or other lawful authority shall AND TRANSMITTAL IMPROVEMENT of each year, the Attorney General shall sub- grant the relief, pursuant to State law and in GRANTS. mit to the Committee on the Judiciary of accordance with the principles of due proc- (a) GRANTS AUTHORIZED.—From amounts the Senate and the Committee on the Judici- ess, if the circumstances regarding the dis- made available to carry out this section, the ary of the House of Representatives a report abilities referred to in paragraph (1), and the Attorney General shall make grants to each on the progress of the States in automating person’s record and reputation, are such that State, consistent with State plans for the in- the databases containing information de- the person will not be likely to act in a man- tegration, automation, and accessibility of scribed under sections 102 and 103, and in pro- ner dangerous to public safety and that the criminal history records, for use by the viding that information pursuant to the re- granting of the relief would not be contrary State court system to improve the automa- quirements of sections 102 and 103. to the public interest; and tion and transmittal of criminal history dis- (2) AUTHORIZATION OF APPROPRIATIONS.— (3) permits a person whose application for positions, records relevant to determining There are authorized to be appropriated to the relief is denied to file a petition with the whether a person has been convicted of a the Department of Justice, such funds as State court of appropriate jurisdiction for a misdemeanor crime of domestic violence, may be necessary to carry out paragraph (1). de novo judicial review of the denial. court orders, and mental health adjudica- (b) PENALTIES.— (b) AUTHORITY TO PROVIDE RELIEF FROM tions or commitments, to Federal and State (1) DISCRETIONARY REDUCTION.— CERTAIN DISABILITIES WITH RESPECT TO FIRE- record repositories in accordance with sec- (A) During the 2-year period beginning 3 ARMS.—If, under a State relief from disabil- tions 102 and 103 and the National Criminal years after the date of enactment of this ities program implemented in accordance History Improvement Program.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16028 CONGRESSIONAL RECORD — SENATE December 19, 2007

(b) GRANTS TO INDIAN TRIBES.—Up to 5 per- imprisoning citizens, including several thou- (11) The United Nations special envoy cent of the grant funding available under sand Buddhist monks, and continues to Ibrahim Gambari traveled to Burma from this section may be reserved for Indian tribal forcefully restrict peaceful forms of public September 29, 2007, through October 2, 2007, governments for use by Indian tribal judicial expression. holding meetings with SPDC leader General systems. (3) The Department of State’s 2006 Country Than Shwe and democracy advocate Aung (c) USE OF FUNDS.—Amounts granted under Reports on Human Rights Practices found San Suu Kyi in an effort to promote dialogue this section shall be used by the State court that the SPDC— between the SPDC and democracy advocates. system only— (A) routinely restricts freedoms of speech, (12) The leaders of the SPDC will have a (1) to carry out, as necessary, assessments press, assembly, association, religion, and greater incentive to cooperate with diplo- of the capabilities of the courts of the State movement; matic efforts by the United Nations, the As- for the automation and transmission of ar- (B) traffics in persons; sociation of Southeast Asian Nations, and rest and conviction records, court orders, (C) discriminates against women and eth- the People’s Republic of China if they come and mental health adjudications or commit- nic minorities; under targeted economic pressure that de- ments to Federal and State record reposi- (D) forcibly recruits child soldiers and nies them access to personal wealth and tories; and child labor; and sources of revenue. (2) to implement policies, systems, and (E) commits other serious violations of SEC. 3. DEFINITIONS. procedures for the automation and trans- human rights, including extrajudicial In this Act: mission of arrest and conviction records, killings, custodial deaths, disappearances, (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- court orders, and mental health adjudica- rape, torture, abuse of prisoners and detain- ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- tions or commitments to Federal and State ees, and the imprisonment of citizens arbi- count’’, ‘‘correspondent account’’, and ‘‘pay- record repositories. trarily for political motives. able-through account’’ have the meanings (d) ELIGIBILITY.—To be eligible to receive a (4) Aung San Suu Kyi has been arbitrarily given the terms in section 5318A(e)(1) of title grant under this section, a State shall cer- imprisoned or held under house arrest for 31, United States Code. tify, to the satisfaction of the Attorney Gen- more than 12 years. (2) APPROPRIATE CONGRESSIONAL COMMIT- eral, that the State has implemented a relief (5) On September 25, 2007, President Bush TEES.—The term ‘‘appropriate congressional from disabilities program in accordance with announced that the United States would— committees’’ means— section 105. (A) tighten economic sanctions against (A) the Committee on Foreign Relations of (e) AUTHORIZATION OF APPROPRIATIONS.— Burma, and block property and interests in the Senate; There are authorized to be appropriated to property of— (B) the Committee on Finance of the Sen- the Attorney General to carry out this sec- (i) certain senior leaders of the SPDC; ate; tion $62,500,000 for fiscal year 2009, (ii) individuals who provide financial back- (C) the Committee on Foreign Affairs of $125,000,000 for fiscal year 2010, $125,000,000 for ing for the SPDC; and the House of Representatives; and fiscal year 2011, $62,500,000 for fiscal year (iii) individuals responsible for violations (D) the Committee on Ways and Means of 2012, and $62,500,000 for fiscal year 2013. of human rights and for impeding the transi- the House of Representatives. TITLE IV—GAO AUDIT tion to democracy in Burma; and (3) ASEAN.—The term ‘‘ASEAN’’ means SEC. 401. GAO AUDIT. (B) impose an expanded visa ban on indi- the Association of Southeast Asian Nations. (a) IN GENERAL.—The Comptroller General viduals— (4) PERSON.—The term ‘‘person’’ means— of the United States shall conduct an audit (i) responsible for violations of human (A) an individual, corporation, company, of the expenditure of all funds appropriated rights; and business association, partnership, society, for criminal records improvement pursuant (ii) who aid, abet, or benefit from the ef- trust, any other nongovernmental entity, or- to section 106(b) of the Brady Handgun Vio- forts of the SPDC to impede the efforts of ganization, or group; and lence Prevention Act (Public Law 103–159) to the people of Burma to transition to democ- (B) any successor, subunit, or subsidiary of determine if the funds were expended for the racy and ensure respect for human dignity. any person described in subparagraph (A). purposes authorized by the Act and how (6) The Burmese regime and its supporters (5) SPDC.—The term ‘‘SPDC’’ means the those funds were expended for those purposes finance their ongoing violations of human State Peace and Development Council, the or were otherwise expended. rights, undemocratic policies, and military ruling military regime in Burma. (b) REPORT.—Not later than 6 months after activities through financial transactions, (6) UNITED STATES PERSON.—The term the date of enactment of this Act, the Comp- travel, and trade involving the United ‘‘United States person’’ means any United troller General shall submit a report to Con- States, including the sale of gemstones and States citizen, permanent resident alien, ju- gress describing the findings of the audit hardwoods. ridical person organized under the laws of conducted pursuant to subsection (a). (7) The SPDC seeks to evade the sanctions the United States (including foreign imposed in the Burmese Freedom and De- branches), or any person in the United SA 3888. Mr. SCHUMER (for Mr. mocracy Act of 2003. Millions of dollars in States. gemstones that are exported from Burma ul- BIDEN (for himself and Mr. MCCON- SEC. 4. STATEMENT OF POLICY. timately enter the United States, but the NELL)) proposed an amendment to the Burmese regime attempts to conceal the ori- It is the policy of the United States to— bill H.R. 3890, of 2003 to impose import gin of the gemstones in an effort to evade (1) condemn the continued repression car- sanctions on Burmese gemstones, ex- sanctions. For example, over 90 percent of ried out by the SPDC; pand the number of individuals against the world’s ruby supply originates in Burma (2) work with the international commu- whom the visa ban is applicable, ex- but only 3 percent of the rubies entering the nity, especially the People’s Republic of pand the blocking of assets and other United States are claimed to be of Burmese China, India, Thailand, and ASEAN, to foster origin. The value of Burmese gemstones is support for the legitimate democratic aspi- prohibited activities, and for other pur- rations of the people of Burma and to coordi- poses; as follows: predominantly based on their original qual- ity and geological origin, rather than the nate efforts to impose sanctions on those di- Strike all after the enacting clause and in- labor involved in cutting and polishing the rectly responsible for human rights abuses in sert the following: gemstones. Burma; SECTION 1. SHORT TITLE. (8) Burma is home to approximately 60 per- (3) provide all appropriate support and as- This Act may be cited as the ‘‘Burma De- cent of the world’s native teak reserves. sistance to aid a peaceful transition to con- stitutional democracy in Burma; mocracy Promotion Act of 2007’’. More than 1⁄4 of the world’s internationally SEC. 2. FINDINGS. traded teak originates from Burma, and (4) support international efforts to allevi- Congress makes the following findings: hardwood sales, mainly of teak, represent ate the suffering of Burmese refugees and ad- (1) Beginning on August 19, 2007, hundreds more than 11 percent of Burma’s official for- dress the urgent humanitarian needs of the of thousands of citizens of Burma, including eign exchange earnings. Burmese people; and thousands of Buddhist monks and students, (9) Burma officially exports tens of mil- (5) identify individuals responsible for the participated in peaceful demonstrations lions of dollars worth of rubies, sapphires, repression of peaceful political activity in against rapidly deteriorating living condi- pearls, jade, and other precious stones each Burma and hold them accountable for their tions and the violent and repressive policies year and the SPDC owns a majority stake in actions. of the State Peace and Development Council, all mining operations within the borders of SEC. 5. SANCTIONS. the ruling military regime in Burma— Burma. (a) LIST OF OFFICIALS OF THE SPDC.— (A) to demand the release of all political (10) On October 11, 2007, the United Nations (1) IN GENERAL.—Not later than 30 days prisoners, including 1991 Nobel Peace Prize Security Council, with the consent of the after the date of the enactment of this Act, winner Aung San Suu Kyi; and People’s Republic of China, issued a state- the President shall submit to the appro- (B) to urge the SPDC to engage in mean- ment condemning the violence in Burma, priate congressional committees a list of— ingful dialogue to pursue national reconcili- urging the release of all political prisoners, (A) officials of the SPDC who have played ation. and calling on the SPDC to enter into a a direct and substantial role in the repres- (2) The SPDC violently confronted un- United Nations-mediated dialogue with its sion of peaceful political activity in Burma armed demonstrators, killing, injuring, and political opposition. or in the commission of other human rights

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16029 abuses, including any current or former offi- Burma as relief in response to a humani- (2) consult broadly, including with the cials of the security services and judicial in- tarian crisis. Governments of the People’s Republic of stitutions of the SPDC; and (2) ADDITIONAL EXCEPTIONS.—The Secretary China, India, Thailand, and Japan, and the (B) any other Burmese persons who provide of the Treasury may, by regulation, author- members of ASEAN and the European Union substantial economic and political support ize exceptions to the prohibitions and re- to coordinate policies toward Burma; for the SPDC. strictions described in subsection (b) and (3) assist efforts by the United Nations (2) UPDATES.—The President shall regu- (c)— Special Envoy to secure the release of all po- larly submit updated versions of the list re- (A) to permit the United States to operate litical prisoners in Burma and to promote quired under paragraph (1). its diplomatic mission; dialogue between the SPDC and leaders of (b) SANCTIONS.— (B) to permit United States citizens to Burma’s democracy movement, including (1) VISA BAN.—A person included on the list visit Burma; and Aung San Suu Kyi; required under subsection (a) shall be ineli- (C) for such other purposes as the Sec- (4) consult with Congress on policies rel- gible for a visa to enter the United States. retary determines to be necessary. evant to Burma and the future and welfare of (2) FINANCIAL SANCTIONS.— (f) PENALTIES.—Any person who violates all the Burmese people, including refugees; (A) BLOCKED PROPERTY.—No property or in- any prohibition or restriction described in and terest in property belonging to a person de- subsection (b) or (c) shall be subject to the (5) coordinate the imposition of Burma scribed in subparagraph (C) may be trans- penalties under section 6 of the International sanctions within the United States Govern- ferred, paid, exported, withdrawn, or other- Emergency Economic Powers Act (50 U.S.C. ment and with the relevant international fi- wise dealt with if— 1705) to the same extent as for a violation nancial institutions. (i) the property is located in the United under that Act. SEC. 8. SENSE OF CONGRESS ON COORDINATION States or within the possession or control of (g) TERMINATION OF SANCTIONS.—The sanc- WITH THE ASSOCIATION OF SOUTH- a United States person, including the over- tions imposed under subsection (b) or (c) EAST ASIAN NATIONS. seas branch of a United States person; or shall apply until the President determines It is the sense of Congress that the United (ii) the property comes into the possession and certifies to the appropriate congres- States— or control of a United States person after the sional committees that the SPDC has— (1) joins the foreign ministers of member date of the enactment of this Act. (1) unconditionally released all political nations of ASEAN that have expressed con- (B) FINANCIAL TRANSACTIONS.—Except with prisoners, including Aung San Suu Kyi and cern over the human rights situation in respect to transactions authorized under Ex- other members of the National League for Burma; ecutive Orders 13047 (May 20, 1997) and 13310 Democracy; (2) encourages ASEAN to take more sub- (July 28, 2003), no United States person may (2) entered into a substantive dialogue stantial steps to ensure a peaceful transition engage in a financial transaction with the with democratic forces led by the National to democracy in Burma; SPDC or with a person described in subpara- League for Democracy and the ethnic mi- (3) welcomes steps by ASEAN to strength- graph (C). norities of Burma on transitioning to demo- en its internal governance through the adop- (C) PERSON DESCRIBED.—A person is de- cratic government under the rule of law; and tion of a formal ASEAN charter; scribed in this subparagraph if the person (3) allowed humanitarian access to popu- (4) urges ASEAN to ensure that all mem- is— lations affected by armed conflict in all re- bers live up to their membership obligations (i) an official of the SPDC; gions of Burma. and adhere to the core principles of ASEAN, (ii) included on the list required under sub- (h) WAIVER.—The sanctions described in including respect for, and commitment to, section (a); or subsection (b) or (c) may be waived if the human rights; and (iii) an immediate family member of a per- President determines and certifies to the ap- (5) would welcome a decision by ASEAN, son included on the list required under sub- propriate congressional committees that consistent with its core documents and its section (a), if the President determines that such waiver is in the national interest of the new charter, to review Burma’s membership the person included on the list— United States. in ASEAN and consider appropriate discipli- (I) effectively controls the property, for SEC. 6. PROHIBITION ON IMPORTATION OF BUR- nary measures, including suspension, until purposes of subparagraph (A); or MESE GEMS, HARDWOODS, AND such time as the Government of Burma has (II) would benefit from a financial trans- OTHER ITEMS. demonstrated an improved respect for, and action, for purposes of subparagraph (B). Section 3(a)(1) of the Burmese Freedom commitment to, human rights. and Democracy Act of 2003 (50 U.S.C. 1701 (c) AUTHORITY FOR ADDITIONAL BANKING SEC. 9. SUPPORT FOR CONSTITUTIONAL DEMOC- SANCTIONS.— note) is amended by striking ‘‘a product of RACY IN BURMA. (1) IN GENERAL.—The Secretary of the Burma.’’ and inserting ‘‘produced, mined, (a) IN GENERAL.—The President is author- Treasury, in consultation with the Secretary manufactured, grown, or assembled in ized to assist Burmese democracy activists of State, the Attorney General of the United Burma, including— who are dedicated to nonviolent opposition States, and the Chairman of the Board of ‘‘(A) any gemstone or rough unfinished ge- to the SPDC in their efforts to promote free- Governors of the Federal Reserve System, ological material mined or extracted from dom, democracy, and human rights in may prohibit or impose conditions on the Burma, whether imported as a loose item or Burma. opening or maintaining in the United States as a component of a finished piece of jewelry; (b) AUTHORIZATION OF APPROPRIATIONS.— of a correspondent account or payable- and There are authorized to be appropriated through account by any financial institution ‘‘(B) any teak or other hardwood timber, $5,000,000 to the Secretary of State for fiscal (as that term is defined in section 5312 of regardless of the country in which such hard- year 2008 to— title 31, United States Code) or financial wood timber is milled, sawn, or otherwise (1) provide aid to democracy activists in agency that is organized under the laws of a processed, whether imported in unprocessed Burma; State, territory, or possession of the United form or as a part or component of finished (2) provide aid to individuals and groups States, for or on behalf of a foreign banking furniture or another wood item.’’. conducting democracy programming outside institution, if the Secretary determines that SEC. 7. SPECIAL REPRESENTATIVE AND POLICY of Burma targeted at a peaceful transition to the account might be used— COORDINATOR FOR BURMA. constitutional democracy inside Burma; and (A) by a foreign banking institution that (a) UNITED STATES SPECIAL REPRESENTA- (3) expand radio and television broad- holds property or an interest in property be- TIVE AND POLICY COORDINATOR FOR BURMA.— casting into Burma. longing to a person on the list required The President shall appoint a Special Rep- SEC. 10. SUPPORT FOR NONGOVERNMENTAL OR- under subsection (a); or resentative and Policy Coordinator for GANIZATIONS ADDRESSING THE HU- (B) to conduct a transaction on behalf of a Burma, by and with the advice and consent MANITARIAN NEEDS OF THE BUR- person on the list required under subsection of the Senate. MESE PEOPLE. (a). (b) RANK.—The Special Representative and (a) SENSE OF CONGRESS.—It is the sense of (2) AUTHORITY TO DEFINE TERMS.—The Sec- Policy Coordinator for Burma appointed Congress that the international community retary of the Treasury may, by regulation, under subsection (a) shall have the rank of should increase support for nongovernmental further define the terms used in paragraph ambassador and shall hold the office at the organizations attempting to meet the urgent (1) for purposes of this section, as the Sec- pleasure of the President. humanitarian needs of the Burmese people. retary considers appropriate. (c) DUTIES AND RESPONSIBILITIES.—The (b) LICENSES FOR HUMANITARIAN OR RELI- (d) RULE OF CONSTRUCTION.—Nothing in Special Representative and Policy Coordi- GIOUS ACTIVITIES IN BURMA.—Section 5 of the this section may be construed to prohibit nator for Burma shall— Burmese Freedom and Democracy Act of 2003 any contract or other financial transaction (1) promote a comprehensive international (50 U.S.C. 1701) is amended— with any nongovernmental humanitarian or- effort, including multilateral sanctions, di- (1) by inserting ‘‘(a) OPPOSITION TO ASSIST- ganization in Burma. rect dialogue with the SPDC and democracy ANCE TO BURMA’’ before ‘‘The Secretary’’; (e) EXCEPTIONS.— advocates, and support for nongovernmental and (1) IN GENERAL.—The prohibitions and re- organizations operating in Burma and neigh- (2) by adding at the end the following: strictions described in subsections (b) and (c) boring countries, designed to restore civilian ‘‘(b) LICENSES FOR HUMANITARIAN OR RELI- shall not apply to medicine, medical equip- democratic rule to Burma and address the GIOUS ACTIVITIES IN BURMA.—Notwith- ment or supplies, food or feed, or any other urgent humanitarian needs of the Burmese standing any other provision of law, the Sec- form of humanitarian assistance provided to people; retary of the Treasury is authorized to issue

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16030 CONGRESSIONAL RECORD — SENATE December 19, 2007 multi-year licenses for humanitarian or reli- from Burma, to promote a coordinated inter- TITLE III—TAX TECHNICAL gious activities in Burma. Licenses issued national effort to restore civilian democratic CORRECTIONS pursuant to this section shall be subject to rule to Burma, and for other purposes.’’. Sec. 301. Short title. annual review.’’. Sec. 302. Amendment related to the Tax Re- (c) AUTHORIZATION OF APPROPRIATIONS.— SA 3890. Mr. REID (for Mr. BAUCUS) lief and Health Care Act of 2006. (1) IN GENERAL.—Subject to paragraph (2), proposed an amendment to the bill Sec. 303. Amendments related to title XII of there are authorized to be appropriated H.R. 3997, to amend the Internal Rev- the Pension Protection Act of $11,000,000 to the Secretary of State for fiscal enue Code of 1986 to provide tax relief 2006. year 2008 to support operations by non- and protections for military personnel, Sec. 304. Amendments related to the Tax In- governmental organizations designed to ad- and for other purposes; as follows: crease Prevention and Rec- dress the humanitarian needs of the Burmese In lieu of the matter proposed to be in- onciliation Act of 2005. people inside Burma and in refugee camps in serted by the amendment of the House to the Sec. 305. Amendments related to the Safe, neighboring countries. amendment of the Senate, insert the fol- Accountable, Flexible, Efficient (2) LIMITATION.— lowing: Transportation Equity Act: A (A) IN GENERAL.—Except as provided under Legacy for Users. subparagraph (B), amounts appropriated pur- SECTION 1. SHORT TITLE, ETC. (a) SHORT TITLE.—This Act may be cited as Sec. 306. Amendments related to the Energy suant to paragraph (1) may not be provided the ‘‘Defenders of Freedom Tax Relief Act of Policy Act of 2005. to— 2007’’. Sec. 307. Amendments related to the Amer- (i) SPDC-controlled entities; (b) REFERENCE.—Except as otherwise ex- ican Jobs Creation Act of 2004. (ii) entities run by members of the SPDC pressly provided, whenever in this Act an Sec. 308. Amendments related to the Eco- or their families; or amendment or repeal is expressed in terms of nomic Growth and Tax Relief (iii) entities providing cash or resources to an amendment to, or repeal of, a section or Reconciliation Act of 2001. the SPDC, including organizations affiliated other provision, the reference shall be con- Sec. 309. Amendments related to the Tax Re- with the United Nations. sidered to be made to a section or other pro- lief Extension Act of 1999. (B) WAIVER.—The President may waive the vision of the Internal Revenue Code of 1986. Sec. 310. Amendment related to the Internal funding restriction described in subpara- (c) TABLE OF CONTENTS.—The table of con- Revenue Service Restructuring graph (A) if— tents for this Act is as follows: and Reform Act of 1998. (i) the President determines and certifies Sec. 1. Short title, etc. Sec. 311. Clerical corrections. to the appropriate congressional committees TITLE I—BENEFITS FOR MILITARY TITLE IV—PARITY IN APPLICATION OF that such waiver is in the national security CERTAIN LIMITS TO MENTAL HEALTH interests of the United States; Sec. 101. Election to include combat pay as BENEFITS (ii) a description of the national security earned income for purposes of need for the waiver is submitted to the ap- earned income tax credit. Sec. 401. Parity in application of certain propriate congressional committees; and Sec. 102. Modification of mortgage revenue limits to mental health bene- (iii) the description submitted under clause bonds for veterans. fits. Sec. 103. Survivor and disability payments (ii) is posted on a publicly accessible Inter- with respect to qualified mili- TITLE I—BENEFITS FOR MILITARY net Web site of the Department of State. tary service. SEC. 101. ELECTION TO INCLUDE COMBAT PAY AS SEC. 11. REPORT ON MILITARY AID TO BURMA. Sec. 104. Treatment of differential military EARNED INCOME FOR PURPOSES OF (a) IN GENERAL.—Not later than 180 days pay as wages. EARNED INCOME TAX CREDIT. after the date of the enactment of this Act, Sec. 105. Special period of limitation when (a) IN GENERAL.—Clause (vi) of section the Secretary of State shall submit a report uniformed services retired pay 32(c)(2)(B) (defining earned income) is to the appropriate congressional committees is reduced as a result of award amended to read as follows: that— of disability compensation. ‘‘(vi) a taxpayer may elect to treat (1) contains a list of countries that provide Sec. 106. Distributions from retirement amounts excluded from gross income by rea- military aid to Burma; and plans to individuals called to son of section 112 as earned income.’’. (2) describes the military aid provided by active duty. (b) SUNSET NOT APPLICABLE.—Section 105 each of the countries described in paragraph Sec. 107. Disclosure of return information of the Working Families Tax Relief Act of (1). relating to veterans programs 2004 (relating to application of EGTRRA sun- (b) MILITARY AID DEFINED.—In this section, made permanent. set to this title) shall not apply to section the term ‘‘military aid’’ includes— Sec. 108. Contributions of military death 104(b) of such Act. (1) the provision of weapons, military vehi- gratuities to Roth IRAs and (c) EFFECTIVE DATE.—The amendment cles, and military aircraft; Education Savings Accounts. made by this section shall apply to taxable (2) the provision of military training; and Sec. 109. Suspension of 5-year period during years ending after December 31, 2007. (3) conducting joint military exercises. service with the Peace Corps. Sec. 110. Credit for employer differential SEC. 102. MODIFICATION OF MORTGAGE REV- (c) FORM.—The report required under sub- ENUE BONDS FOR VETERANS. wage payments to employees section (a) shall be submitted in unclassified (a) QUALIFIED MORTGAGE BONDS USED TO who are active duty members of form and may include a classified annex. FINANCE RESIDENCES FOR VETERANS WITHOUT the uniformed services. SEC. 12. SENSE OF CONGRESS ON INTER- REGARD TO FIRST-TIME HOMEBUYER REQUIRE- NATIONAL ARMS SALES TO BURMA. Sec. 111. State payments to service members treated as qualified military MENT.—Subparagraph (D) of section 143(d)(2) It is the sense of Congress that the United (relating to exceptions) is amended by strik- States should lead efforts in the United Na- benefits. Sec. 112. Permanent exclusion of gain from ing ‘‘and before January 1, 2008’’. tions Security Council to impose a manda- sale of a principal residence by (b) INCREASE IN BOND LIMITATION FOR ALAS- tory international arms embargo on Burma, certain employees of the intel- KA, OREGON, AND WISCONSIN.—Clause (ii) of curtailing all sales of weapons, ammunition, ligence community. section 143(l)(3)(B) (relating to State vet- military vehicles, and military aircraft to Sec. 113. Special disposition rules for unused erans limit) is amended by striking Burma until the SPDC releases all political benefits in health flexible ‘‘$25,000,000’’ each place it appears and insert- prisoners, restores constitutional rule, and spending arrangements of indi- ing ‘‘$100,000,000’’. holds free and fair elections to establish a viduals called to active duty. (c) DEFINITION OF QUALIFIED VETERAN.— new government. Sec. 114. Option to exclude military basic Paragraph (4) of section 143(l) (defining housing allowance for purposes qualified veteran) is amended to read as fol- SA 3889. Mr. SCHUMER (for Mr. of determining income eligi- lows: BIDEN (for himself and Mr. MCCON- bility under low-income hous- ‘‘(4) QUALIFIED VETERAN.—For purposes of NELL)) proposed an amendment to the ing credit and bond-financed this subsection, the term ‘qualified veteran’ bill H.R. 3890, of 2003 to impose import residential rental projects. means any veteran who— sanctions on Burmese gemstones, ex- TITLE II—REVENUE PROVISIONS ‘‘(A) served on active duty, and pand the number of individuals against Sec. 201. Increase in penalty for failure to ‘‘(B) applied for the financing before the whom the visa ban is applicable, ex- file partnership returns. date 25 years after the last date on which such veteran left active service.’’. pand the blocking of assets and other Sec. 202. Increase in penalty for failure to (d) EFFECTIVE DATE.—The amendments prohibited activities, and for other pur- file S corporation returns. Sec. 203. Increase in minimum penalty on made by this section shall apply to bonds poses; as follows: failure to file a return of tax. issued after December 31, 2007. The title is amended to read as follows: Sec. 204. Revision of tax rules on expatria- SEC. 103. SURVIVOR AND DISABILITY PAYMENTS ‘‘An Act to impose sanctions on officials tion. WITH RESPECT TO QUALIFIED MILI- of the State Peace and Development Council Sec. 205. Special enrollment option by em- TARY SERVICE. in Burma, to amend the Burmese Freedom ployer health plans for mem- (a) PLAN QUALIFICATION REQUIREMENT FOR and Democracy Act of 2003 to prohibit the bers of uniform services who DEATH BENEFITS UNDER USERRA-QUALIFIED importation of gemstones and hardwoods lose health care coverage. ACTIVE MILITARY SERVICE.—Subsection (a) of

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16031 section 401 (relating to requirements for scribed in paragraph (1) shall not be treated ment rights under USERRA), as amended by qualification) is amended by inserting after as an eligible deferred compensation plan un- section 103(b), is amended by adding at the paragraph (36) the following new paragraph: less such plan meets the requirements of sec- end the following new paragraph: ‘‘(37) DEATH BENEFITS UNDER USERRA-QUALI- tion 401(a)(37).’’. ‘‘(12) TREATMENT OF DIFFERENTIAL WAGE FIED ACTIVE MILITARY SERVICE.—A trust shall (d) EFFECTIVE DATE.— PAYMENTS.— not constitute a qualified trust unless the (1) IN GENERAL.—The amendments made by ‘‘(A) IN GENERAL.—Except as provided in plan provides that, in the case of a partici- this section shall apply with respect to this paragraph, for purposes of applying this pant who dies while performing qualified deaths and disabilities occurring on or after title to a retirement plan to which this sub- military service (as defined in section January 1, 2007. section applies— 414(u)), the survivors of the participant are (2) PROVISIONS RELATING TO PLAN AMEND- ‘‘(i) an individual receiving a differential entitled to any additional benefits (other MENTS.— wage payment shall be treated as an em- than benefit accruals relating to the period (A) IN GENERAL.—If this subparagraph ap- ployee of the employer making the payment, of qualified military service) provided under plies to any plan or contract amendment, ‘‘(ii) the differential wage payment shall be the plan had the participant resumed and such plan or contract shall be treated as treated as compensation, and then terminated employment on account of being operated in accordance with the terms ‘‘(iii) the plan shall not be treated as fail- death.’’. of the plan during the period described in ing to meet the requirements of any provi- (b) TREATMENT IN THE CASE OF DEATH OR subparagraph (B)(iii). sion described in paragraph (1)(C) by reason DISABILITY RESULTING FROM ACTIVE MILI- (B) AMENDMENTS TO WHICH SUBPARAGRAPH of any contribution or benefit which is based TARY SERVICE FOR BENEFIT ACCRUAL PUR- (A) APPLIES.— on the differential wage payment. POSES .—Subsection (u) of section 414 (relat- (i) IN GENERAL.—Subparagraph (A) shall ing to special rules relating to veterans’ re- ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— apply to any amendment to any plan or an- ‘‘(i) IN GENERAL.—Notwithstanding sub- employment rights under USERRA) is nuity contract which is made— amended by redesignating paragraphs (9) and paragraph (A)(i), for purposes of section (I) pursuant to the amendments made by (10) as paragraphs (10) and (11), respectively, 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), subsection (a) or pursuant to any regulation and by inserting after paragraph (8) the fol- or 457(d)(1)(A)(ii), an individual shall be issued by the Secretary of the Treasury lowing new paragraph: treated as having been severed from employ- under subsection (a), and ‘‘(9) TREATMENT IN THE CASE OF DEATH OR ment during any period the individual is per- (II) on or before the last day of the first DISABILITY RESULTING FROM ACTIVE MILITARY forming service in the uniformed services de- plan year beginning on or after January 1, SERVICE.— scribed in section 3401(h)(2)(A). 2009. ‘‘(A) IN GENERAL.—For benefit accrual pur- ‘‘(ii) LIMITATION.—If an individual elects to poses, an employer sponsoring a retirement In the case of a governmental plan (as de- receive a distribution by reason of clause (i), plan may treat an individual who dies or be- fined in section 414(d) of the Internal Rev- the plan shall provide that the individual comes disabled (as defined under the terms enue Code of 1986), this clause shall be ap- may not make an elective deferral or em- of the plan) while performing qualified mili- plied by substituting ‘‘2011’’ for ‘‘2009’’ in ployee contribution during the 6-month pe- tary service with respect to the employer subclause (II). riod beginning on the date of the distribu- maintaining the plan as if the individual has (ii) CONDITIONS.—This paragraph shall not tion. resumed employment in accordance with the apply to any amendment unless— ‘‘(C) NONDISCRIMINATION REQUIREMENT.— individual’s reemployment rights under (I) the plan or contract is operated as if Subparagraph (A)(iii) shall apply only if all chapter 43 of title 38, United States Code, on such plan or contract amendment were in ef- employees of an employer (as determined the day preceding death or disability (as the fect for the period described in clause (iii), under subsections (b), (c), (m), and (o)) per- case may be) and terminated employment on and forming service in the uniformed services de- the actual date of death or disability. In the (II) such plan or contract amendment ap- scribed in section 3401(h)(2)(A) are entitled to case of any such treatment, and subject to plies retroactively for such period. receive differential wage payments on rea- subparagraphs (B) and (C), any full or partial (iii) PERIOD DESCRIBED.—The period de- sonably equivalent terms and, if eligible to compliance by such plan with respect to the scribed in this clause is the period— participate in a retirement plan maintained benefit accrual requirements of paragraph (8) (I) beginning on the effective date specified by the employer, to make contributions with respect to such individual shall be by the plan, and based on the payments on reasonably equiva- treated for purposes of paragraph (1) as if (II) ending on the date described in clause lent terms. For purposes of applying this such compliance were required under such (i)(II) (or, if earlier, the date the plan or con- subparagraph, the provisions of paragraphs chapter 43. tract amendment is adopted). (3), (4), and (5) of section 410(b) shall apply. ‘‘(B) NONDISCRIMINATION REQUIREMENT.— SEC. 104. TREATMENT OF DIFFERENTIAL MILI- ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For Subparagraph (A) shall apply only if all indi- TARY PAY AS WAGES. purposes of this paragraph, the term ‘dif- viduals performing qualified military service (a) INCOME TAX WITHHOLDING ON DIFFEREN- ferential wage payment’ has the meaning with respect to the employer maintaining TIAL WAGE PAYMENTS.— given such term by section 3401(h)(2).’’. N GENERAL the plan (as determined under subsections (1) I .—Section 3401 (relating to (B) CONFORMING AMENDMENT.—The heading (b), (c), (m), and (o)) who die or became dis- definitions) is amended by adding at the end for section 414(u) is amended by inserting the following new subsection: abled as a result of performing qualified ‘‘AND TO DIFFERENTIAL WAGE PAYMENTS TO ‘‘(h) DIFFERENTIAL WAGE PAYMENTS TO AC- military service prior to reemployment by MEMBERS ON ACTIVE DUTY’’ after TIVE DUTY MEMBERS OF THE UNIFORMED the employer are credited with service and ‘‘USERRA’’. benefits on reasonably equivalent terms. SERVICES.— (2) DIFFERENTIAL WAGE PAYMENTS TREATED ‘‘(C) DETERMINATION OF BENEFITS.—The ‘‘(1) IN GENERAL.—For purposes of sub- AS COMPENSATION FOR INDIVIDUAL RETIREMENT amount of employee contributions and the section (a), any differential wage payment PLANS.—Section 219(f)(1) (defining compensa- shall be treated as a payment of wages by amount of elective deferrals of an individual tion) is amended by adding at the end the the employer to the employee. treated as reemployed under subparagraph following new sentence: ‘‘The term com- ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For (A) for purposes of applying paragraph (8)(C) pensation includes any differential wage purposes of paragraph (1), the term ‘differen- shall be determined on the basis of the indi- payment (as defined in section 3401(h)(2)).’’. vidual’s average actual employee contribu- tial wage payment’ means any payment (3) EFFECTIVE DATE.—The amendments which— tions or elective deferrals for the lesser of— made by this subsection shall apply to years ‘‘(A) is made by an employer to an indi- ‘‘(i) the 12-month period of service with the beginning after December 31, 2007. employer immediately prior to qualified vidual with respect to any period during military service, or which the individual is performing service in (c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(ii) if service with the employer is less the uniformed services (as defined in chapter MENTS.— than such 12-month period, the actual length 43 of title 38, United States Code) while on (1) IN GENERAL.—If this subsection applies of continuous service with the employer.’’. active duty for a period of more than 30 days, to any plan or annuity contract amendment, (c) CONFORMING AMENDMENTS.— and such plan or contract shall be treated as (1) Section 404(a)(2) is amended by striking ‘‘(B) represents all or a portion of the being operated in accordance with the terms ‘‘and (31)’’ and inserting ‘‘(31), and (37)’’. wages the individual would have received of the plan or contract during the period de- (2) Section 403(b) is amended by adding at from the employer if the individual were per- scribed in paragraph (2)(B)(i). the end the following new paragraph: forming service for the employer.’’. (2) AMENDMENTS TO WHICH SECTION AP- ‘‘(14) DEATH BENEFITS UNDER USERRA-QUALI- (2) EFFECTIVE DATE.—The amendment PLIES.— FIED ACTIVE MILITARY SERVICE.—This sub- made by this subsection shall apply to remu- (A) IN GENERAL.—This subsection shall section shall not apply to an annuity con- neration paid after December 31, 2007. apply to any amendment to any plan or an- tract unless such contract meets the require- (b) TREATMENT OF DIFFERENTIAL WAGE nuity contract which is made— ments of section 401(a)(37).’’. PAYMENTS FOR RETIREMENT PLAN PUR- (i) pursuant to any amendment made by (3) Section 457(g) is amended by adding at POSES.— subsection (b)(1), and the end the following new paragraph: (1) PENSION PLANS.— (ii) on or before the last day of the first ‘‘(4) DEATH BENEFITS UNDER USERRA-QUALI- (A) IN GENERAL.—Section 414(u) (relating to plan year beginning on or after January 1, FIED ACTIVE MILITARY SERVICE.—A plan de- special rules relating to veterans’ reemploy- 2009.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16032 CONGRESSIONAL RECORD — SENATE December 19, 2007 In the case of a governmental plan (as de- turn information to Federal, State, and local contribution from an individual retirement fined in section 414(d) of the Internal Rev- agencies administering certain programs plan (other than a Roth IRA) to a Roth IRA. enue Code of 1986), this subparagraph shall be under the Social Security Act, the Food ‘‘(2) MILITARY DEATH GRATUITY.— applied by substituting ‘‘2011’’ for ‘‘2009’’ in Stamp Act of 1977, or title 38, United States ‘‘(A) IN GENERAL.—The term ‘qualified roll- clause (ii). Code or certain housing assistance programs) over contribution’ includes a contribution to (B) CONDITIONS.—This subsection shall not is amended by striking the last sentence. a Roth IRA maintained for the benefit of an apply to any plan or annuity contract (b) TECHNICAL AMENDMENT.—Section individual made before the end of the 1-year amendment unless— 6103(l)(7)(D)(viii)(III) is amended by striking period beginning on the date on which such (i) during the period beginning on the date ‘‘sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and individual receives an amount under section the amendment described in subparagraph 1712(a)(2)(B)’’ and inserting ‘‘sections 1477 of title 10, United States Code, or sec- (A)(i) takes effect and ending on the date de- 1710(a)(2)(G), 1710(a)(3), and 1710(b)’’. tion 1967 of title 38 of such Code, with respect scribed in subparagraph (A)(ii) (or, if earlier, SEC. 108. CONTRIBUTIONS OF MILITARY DEATH to a person, to the extent that such contribu- the date the plan or contract amendment is GRATUITIES TO ROTH IRAS AND tion does not exceed— EDUCATION SAVINGS ACCOUNTS. adopted), the plan or contract is operated as ‘‘(i) the sum of the amounts received dur- (a) PROVISION IN EFFECT BEFORE PENSION if such plan or contract amendment were in ing such period by such individual under PROTECTION ACT.—Subsection (e) of section such sections with respect to such person, re- effect, and 408A (relating to qualified rollover contribu- (ii) such plan or contract amendment ap- duced by tion), as in effect before the amendments ‘‘(ii) the amounts so received which were plies retroactively for such period. made by section 824 of the Pension Protec- SEC. 105. SPECIAL PERIOD OF LIMITATION WHEN contributed to a Coverdell education savings tion Act of 2006, is amended to read as fol- account under section 530(d)(9). UNIFORMED SERVICES RETIRED lows: PAY IS REDUCED AS A RESULT OF ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— AWARD OF DISABILITY COMPENSA- OVERS NOT TO APPLY.—Section 408(d)(3)(B) For purposes of this section— TION. shall not apply with respect to amounts ‘‘(1) IN GENERAL.—The term ‘qualified roll- (a) IN GENERAL.—Subsection (d) of section treated as a rollover by the subparagraph over contribution’ means a rollover con- 6511 (relating to special rules applicable to (A). tribution to a Roth IRA from another such income taxes) is amended by adding at the ‘‘(C) APPLICATION OF SECTION 72.—For pur- end the following new paragraph: account, or from an individual retirement poses of applying section 72 in the case of a ‘‘(8) SPECIAL RULES WHEN UNIFORMED SERV- plan, but only if such rollover contribution distribution which is not a qualified distribu- ICES RETIRED PAY IS REDUCED AS A RESULT OF meets the requirements of section 408(d)(3). tion, the amount treated as a rollover by AWARD OF DISABILITY COMPENSATION.— Such term includes a rollover contribution reason of subparagraph (A) shall be treated ‘‘(A) PERIOD OF LIMITATION ON FILING described in section 402A(c)(3)(A). For pur- as investment in the contract.’’. CLAIM.—If the claim for credit or refund re- poses of section 408(d)(3)(B), there shall be (c) EDUCATION SAVINGS ACCOUNTS.—Sub- lates to an overpayment of tax imposed by disregarded any qualified rollover contribu- section (d) of section 530 is amended by add- subtitle A on account of— tion from an individual retirement plan ing at the end the following new paragraph: ‘‘(i) the reduction of uniformed services re- (other than a Roth IRA) to a Roth IRA. ‘‘(9) MILITARY DEATH GRATUITY.— tired pay computed under section 1406 or 1407 ‘‘(2) MILITARY DEATH GRATUITY.— ‘‘(A) IN GENERAL.—For purposes of this sec- of title 10, United States Code, or ‘‘(A) IN GENERAL.—The term ‘qualified roll- tion, the term ‘rollover contribution’ in- ‘‘(ii) the waiver of such pay under section over contribution’ includes a contribution to cludes a contribution to a Coverdell edu- 5305 of title 38 of such Code, a Roth IRA maintained for the benefit of an cation savings account made before the end individual made before the end of the 1-year as a result of an award of compensation of the 1-year period beginning on the date on period beginning on the date on which such which the contributor receives an amount under title 38 of such Code pursuant to a de- individual receives an amount under section under section 1477 of title 10, United States termination by the Secretary of Veterans Af- 1477 of title 10, United States Code, or sec- Code, or section 1967 of title 38 of such Code, fairs, the 3-year period of limitation pre- tion 1967 of title 38 of such Code, with respect with respect to a person, to the extent that scribed in subsection (a) shall be extended, to a person, to the extent that such contribu- such contribution does not exceed— for purposes of permitting a credit or refund tion does not exceed— ‘‘(i) the sum of the amounts received dur- based upon the amount of such reduction or ‘‘(i) the sum of the amounts received dur- ing such period by such contributor under waiver, until the end of the 1-year period be- ing such period by such individual under such sections with respect to such person, re- ginning on the date of such determination. such sections with respect to such person, re- duced by ‘‘(B) LIMITATION TO 5 TAXABLE YEARS.—Sub- duced by ‘‘(ii) the amounts so received which were paragraph (A) shall not apply with respect to ‘‘(ii) the amounts so received which were contributed to a Roth IRA under section any taxable year which began more than 5 contributed to a Coverdell education savings 408A(e)(2) or to another Coverdell education years before the date of such determina- account under section 530(d)(9). savings account. tion.’’. ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- (b) EFFECTIVE DATE.—The amendment OVERS NOT TO APPLY.—Section 408(d)(3)(B) made by subsection (a) shall apply to claims OVERS NOT TO APPLY.—The last sentence of shall not apply with respect to amounts for credit or refund filed after the date of the paragraph (5) shall not apply with respect to treated as a rollover by subparagraph (A). enactment of this Act. amounts treated as a rollover by the sub- ‘‘(C) APPLICATION OF SECTION 72.—For pur- (c) TRANSITION RULES.—In the case of a de- paragraph (A). termination described in paragraph (8) of poses of applying section 72 in the case of a ‘‘(C) APPLICATION OF SECTION 72.—For pur- section 6511(d) of the Internal Revenue Code distribution which is not a qualified distribu- poses of applying section 72 in the case of a of 1986 (as added by this section) which is tion, the amount treated as a rollover by distribution which is includible in gross in- made by the Secretary of Veterans Affairs reason of subparagraph (A) shall be treated come under paragraph (1), the amount treat- after December 31, 2000, and before the date as investment in the contract.’’. ed as a rollover by reason of subparagraph (b) PROVISION IN EFFECT AFTER PENSION of the enactment of this Act, such para- (A) shall be treated as investment in the con- PROTECTION ACT.—Subsection (e) of section graph— tract.’’. 408A, as in effect after the amendments made (1) shall not apply with respect to any tax- (d) EFFECTIVE DATES.— by section 824 of the Pension Protection Act able year which began before January 1, 2001, (1) IN GENERAL.—Except as provided by of 2006, is amended to read as follows: paragraphs (2) and (3), the amendments made and ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— (2) shall be applied by substituting ‘‘the by this section shall apply with respect to For purposes of this section— deaths from injuries occurring on or after date of the enactment of the Defenders of ‘‘(1) IN GENERAL.—The term ‘qualified roll- Freedom Tax Relief Act of 2007’’ for ‘‘the the date of the enactment of this Act. over contribution’ means a rollover con- (2) APPLICATION OF AMENDMENTS TO DEATHS date of such determination’’ in subparagraph tribution— (A) thereof. FROM INJURIES OCCURRING ON OR AFTER OCTO- ‘‘(A) to a Roth IRA from another such ac- BER 7, 2001, AND BEFORE ENACTMENT.—The SEC. 106. DISTRIBUTIONS FROM RETIREMENT count, amendments made by this section shall PLANS TO INDIVIDUALS CALLED TO ‘‘(B) from an eligible retirement plan, but ACTIVE DUTY. apply to any contribution made pursuant to only if— (a) IN GENERAL.—Clause (iv) of section section 408A(e)(2) or 530(d)(5) of the Internal ‘‘(i) in the case of an individual retirement 72(t)(2)(G) is amended by striking ‘‘, and be- Revenue Code of 1986, as amended by this plan, such rollover contribution meets the fore December 31, 2007’’. Act, with respect to amounts received under requirements of section 408(d)(3), and (b) EFFECTIVE DATE.—The amendment section 1477 of title 10, United States Code, made by this section shall apply to individ- ‘‘(ii) in the case of any eligible retirement or under section 1967 of title 38 of such Code, uals ordered or called to active duty on or plan (as defined in section 402(c)(8)(B) other for deaths from injuries occurring on or after after December 31, 2007. than clauses (i) and (ii) thereof), such roll- October 7, 2001, and before the date of the en- over contribution meets the requirements of SEC. 107. DISCLOSURE OF RETURN INFORMA- actment of this Act if such contribution is TION RELATING TO VETERANS PRO- section 402(c), 403(b)(8), or 457(e)(16), as appli- made not later than 1 year after the date of GRAMS MADE PERMANENT. cable. the enactment of this Act. (a) IN GENERAL.—Subparagraph (D) of sec- For purposes of section 408(d)(3)(B), there (3) PENSION PROTECTION ACT CHANGES.—Sec- tion 6103(l)(7) (relating to disclosure of re- shall be disregarded any qualified rollover tion 408A(e)(1) of the Internal Revenue Code

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16033

of 1986 (as in effect after the amendments ‘‘(d) DISALLOWANCE FOR FAILURE TO COM- or exchanges after the date of the enactment made by subsection (b)) shall apply to tax- PLY WITH EMPLOYMENT OR REEMPLOYMENT of this Act. able years beginning after December 31, 2007. RIGHTS OF MEMBERS OF THE RESERVE COMPO- SEC. 113. SPECIAL DISPOSITION RULES FOR UN- SEC. 109. SUSPENSION OF 5-YEAR PERIOD DUR- NENTS OF THE ARMED FORCES OF THE UNITED USED BENEFITS IN HEALTH FLEXI- ING SERVICE WITH THE PEACE STATES.—No credit shall be allowed under BLE SPENDING ARRANGEMENTS OF CORPS. subsection (a) to a taxpayer for— INDIVIDUALS CALLED TO ACTIVE (a) IN GENERAL.—Subsection (d) of section ‘‘(1) any taxable year, beginning after the DUTY. 121 (relating to special rules) is amended by date of the enactment of this section, in (a) IN GENERAL.—Section 125 (relating to adding at the end the following new para- which the taxpayer is under a final order, cafeteria plans) is amended by redesignating graph: judgment, or other process issued or required subsections (h) and (i) as subsection (i) and ‘‘(12) PEACE CORPS.— by a district court of the United States (j), respectively, and by inserting after sub- ‘‘(A) IN GENERAL.—At the election of an in- under section 4323 of title 38 of the United section (g) the following new subsection: dividual with respect to a property, the run- States Code with respect to a violation of ‘‘(h) SPECIAL RULE FOR UNUSED BENEFITS IN ning of the 5-year period described in sub- chapter 43 of such title, and HEALTH FLEXIBLE SPENDING ARRANGEMENTS sections (a) and (c)(1)(B) and paragraph (7) of ‘‘(2) the 2 succeeding taxable years. OF INDIVIDUALS CALLED TO ACTIVE DUTY.— this subsection with respect to such property ‘‘(e) CERTAIN RULES TO APPLY.—For pur- ‘‘(1) IN GENERAL.—For purposes of this shall be suspended during any period that poses of this section, rules similar to the title, a plan or other arrangement shall not such individual or such individual’s spouse is rules of subsections (c), (d), and (e) of section fail to be treated as a cafeteria plan or serving outside the United States— 52 shall apply. health flexible spending arrangement merely ‘‘(i) on qualified official extended duty (as ‘‘(f) TERMINATION.—This section shall not because such arrangement provides for quali- defined in paragraph (9)(C)) as an employee apply to any payments made after December fied reservist distributions. of the Peace Corps, or 31, 2009.’’. ‘‘(2) QUALIFIED RESERVIST DISTRIBUTION.— ‘‘(ii) as an enrolled volunteer or volunteer (b) CREDIT TREATED AS PART OF GENERAL For purposes of this subsection, the term leader under section 5 or 6 (as the case may BUSINESS CREDIT.—Section 38(b) (relating to ‘qualified reservist distribution’ means, any be) of the Peace Corps Act (22 U.S.C. 2504, general business credit) is amended by strik- distribution to an individual of all or a por- 2505). ing ‘‘plus’’ at the end of paragraph (30), by tion of the balance in the employee’s ac- ‘‘(B) APPLICABLE RULES.—For purposes of striking the period at the end of paragraph count under such arrangement if— subparagraph (A), rules similar to the rules (31) and inserting ‘‘, plus’’, and by adding at ‘‘(A) such individual was (by reason of of subparagraphs (B) and (D) shall apply.’’. the end of following new paragraph: being a member of a reserve component (as (b) EFFECTIVE DATE.—The amendment ‘‘(32) the differential wage payment credit defined in section 101 of title 37, United made by subsection (a) shall apply to taxable determined under section 45O(a).’’. States Code)) ordered or called to active years beginning after December 31, 2007. (c) NO DEDUCTION FOR COMPENSATION duty for a period in excess of 179 days or for SEC. 110. CREDIT FOR EMPLOYER DIFFERENTIAL TAKEN INTO ACCOUNT FOR CREDIT.—Section an indefinite period, and WAGE PAYMENTS TO EMPLOYEES 280C(a) (relating to rule for employment ‘‘(B) such distribution is made during the WHO ARE ACTIVE DUTY MEMBERS credits) is amended by inserting ‘‘45O(a),’’ period beginning on the date of such order or OF THE UNIFORMED SERVICES. after ‘‘45A(a),’’. call and ending on the last date that reim- (a) IN GENERAL.—Subpart D of part IV of (d) CLERICAL AMENDMENT.—The table of bursements could otherwise be made under subchapter A of chapter 1 (relating to busi- sections for subpart D of part IV of sub- such arrangement for the plan year which in- ness credits) is amended by adding at the end chapter A of chapter 1 is amended by adding cludes the date of such order or call.’’. the following new section: at the end the following new item: (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 45O. EMPLOYER WAGE CREDIT FOR EM- ‘‘Sec. 45O. Employer wage credit for employ- made by this section shall apply to distribu- PLOYEES WHO ARE ACTIVE DUTY ees who are active duty mem- tions made after the date of the enactment MEMBERS OF THE UNIFORMED of this Act. SERVICES. bers of the uniformed serv- ices.’’. SEC. 114. OPTION TO EXCLUDE MILITARY BASIC ‘‘(a) GENERAL RULE.—For purposes of sec- (e) EFFECTIVE DATE.—The amendments HOUSING ALLOWANCE FOR PUR- tion 38, in the case of an eligible small busi- made by this section shall apply to amounts POSES OF DETERMINING INCOME ness employer, the differential wage pay- paid after the date of the enactment of this ELIGIBILITY UNDER LOW-INCOME HOUSING CREDIT AND BOND-FI- ment credit for any taxable year is an Act. amount equal to 20 percent of the sum of the NANCED RESIDENTIAL RENTAL SEC. 111. STATE PAYMENTS TO SERVICE MEM- PROJECTS. eligible differential wage payments for each BERS TREATED AS QUALIFIED MILI- (a) IN GENERAL.—The last sentence of of the qualified employees of the taxpayer TARY BENEFITS. 142(d)(2)(B) (relating to income of individ- during such taxable year. (a) IN GENERAL.—Section 134(b) (defining uals; area median gross income) is amended ‘‘(b) DEFINITIONS.—For purposes of this sec- qualified military benefit) is amended by tion— to read as follows: ‘‘For purposes of deter- adding at the end the following new para- mining income under this subparagraph— ‘‘(1) ELIGIBLE DIFFERENTIAL WAGE PAY- graph: ‘‘(i) subsections (g) and (h) of section 7872 MENTS.—The term ‘eligible differential wage ‘‘(6) CERTAIN STATE PAYMENTS.—The term payments’ means, with respect to each quali- shall not apply, and ‘qualified military benefit’ includes any ‘‘(ii) in the case of determinations made fied employee, so much of the differential bonus payment by a State or political sub- wage payments (as defined in section before January 1, 2015, payments under sec- division thereof to any member or former tion 403 of title 37, United States Code, as a 3401(h)(2)) paid to such employee for the tax- member of the uniformed services of the able year as does not exceed $20,000. basic pay allowance for housing shall be dis- United States or any dependent of such regarded if the project is located in a census ‘‘(2) QUALIFIED EMPLOYEE.—The term member only by reason of such member’s ‘qualified employee’ means a person who has tract which is designated by the Governor (of service in an combat zone (as defined in sec- the State in which such tract is located) as been an employee of the taxpayer for the 91- tion 112(c)(2), determined without regard to day period immediately preceding the period being in need of housing for members of the the parenthetical).’’. Armed Forces of the United States.’’. for which any differential wage payment is (b) EFFECTIVE DATE.—The amendment made. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to payments made by this section shall take effect with ‘‘(3) ELIGIBLE SMALL BUSINESS EMPLOYER.— made before, on, or after the date of the en- respect to determinations made after the ‘‘(A) IN GENERAL.—The term ‘eligible small actment of this Act. date of the enactment of this Act. business employer’ means, with respect to SEC. 112. PERMANENT EXCLUSION OF GAIN any taxable year, any employer which— FROM SALE OF A PRINCIPAL RESI- TITLE II—REVENUE PROVISIONS ‘‘(i) employed an average of less than 50 DENCE BY CERTAIN EMPLOYEES OF SEC. 201. INCREASE IN PENALTY FOR FAILURE employees on business days during such tax- THE INTELLIGENCE COMMUNITY. TO FILE PARTNERSHIP RETURNS. able year, and (a) PERMANENT EXCLUSION.— (a) INCREASE IN PENALTY AMOUNT.—Para- ‘‘(ii) under a written plan of the employer, (1) IN GENERAL.—Section 417(e) of division graph (1) of section 6698(b) (relating to provides eligible differential wage payments A of the Tax Relief and Health Care Act of amount per month), as amended by section 8 to every qualified employee of the employer. 2006 is amended by striking ‘‘and before Jan- of the Mortgage Forgiveness Debt Relief Act ‘‘(B) CONTROLLED GROUPS.—For purposes of uary 1, 2011’’. of 2007, is amended by striking ‘‘$85’’ and in- subparagraph (A), all persons treated as a (2) EFFECTIVE DATE.—The amendment serting ‘‘$100’’. single employer under subsection (b), (c), made by this subsection shall apply to sales (b) EFFECTIVE DATE.—The amendment (m), or (o) of section 414 shall be treated as or exchanges after December 31, 2010. made by subsection (a) shall take effect as if a single employer. (b) DUTY STATION MAY BE INSIDE UNITED included in the amendments made by section ‘‘(c) COORDINATION WITH OTHER CREDITS.— STATES.— 8 of the Mortgage Forgiveness Debt Relief The amount of credit otherwise allowable (1) IN GENERAL.—Section 121(d)(9)(C) (defin- Act of 2007. under this chapter with respect to compensa- ing qualified official extended duty) is SEC. 202. INCREASE IN PENALTY FOR FAILURE tion paid to any employee shall be reduced amended by striking clause (vi). TO FILE S CORPORATION RETURNS. by the credit determined under this section (2) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Paragraph (1) of section with respect to such employee. made by this subsection shall apply to sales 6699(b) (relating to amount per month), as

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16034 CONGRESSIONAL RECORD — SENATE December 19, 2007 added to the Internal Revenue Code of 1986 chapter for the taxable year solely by reason shall be treated as having been received by by section 9 of the Mortgage Forgiveness of subsection (a) as the gain taken into ac- such individual on the day before the expa- Debt Relief Act of 2007, is amended by strik- count under subsection (a) with respect to triation date as a distribution under the ing ‘‘$85’’ and inserting ‘‘$100’’. such property bears to the total gain taken plan, and (b) EFFECTIVE DATE.—The amendment into account under subsection (a) with re- ‘‘(ii) with respect to any deferred com- made by subsection (a) shall take effect as if spect to all property to which subsection (a) pensation item referred to in paragraph included in the amendments made by section applies. (4)(D), the rights of the covered expatriate to 9 of the Mortgage Forgiveness Debt Relief ‘‘(3) TERMINATION OF EXTENSION.—The due such item shall be treated as becoming Act of 2007. date for payment of tax may not be extended transferable and not subject to a substantial SEC. 203. INCREASE IN MINIMUM PENALTY ON under this subsection later than the due date risk of forfeiture on the day before the expa- FAILURE TO FILE A RETURN OF TAX. for the return of tax imposed by this chapter triation date, (a) IN GENERAL.—Subsection (a) of section for the taxable year which includes the date ‘‘(B) no early distribution tax shall apply 6651 is amended by striking ‘‘$100’’ in the last of death of the expatriate (or, if earlier, the by reason of such treatment, and sentence and inserting ‘‘$225’’. time that the security provided with respect ‘‘(C) appropriate adjustments shall be (b) EFFECTIVE DATE.—The amendment to the property fails to meet the require- made to subsequent distributions from the made by this section shall apply to returns ments of paragraph (4), unless the taxpayer plan to reflect such treatment. the due date for the filing of which (includ- corrects such failure within the time speci- ‘‘(3) ELIGIBLE DEFERRED COMPENSATION ing extensions) is after December 31, 2007. fied by the Secretary). ITEMS.—For purposes of this subsection, the SEC. 204. REVISION OF TAX RULES ON EXPATRIA- ‘‘(4) SECURITY.— term ‘eligible deferred compensation item’ TION. ‘‘(A) IN GENERAL.—No election may be means any deferred compensation item with (a) IN GENERAL.—Subpart A of part II of made under paragraph (1) with respect to respect to which— subchapter N of chapter 1 is amended by in- any property unless adequate security is pro- ‘‘(A) the payor of such item is— serting after section 877 the following new vided with respect to such property. ‘‘(i) a United States person, or section: ‘‘(B) ADEQUATE SECURITY.—For purposes of ‘‘(ii) a person who is not a United States subparagraph (A), security with respect to person but who elects to be treated as a ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- TION. any property shall be treated as adequate se- United States person for purposes of para- ‘‘(a) GENERAL RULES.—For purposes of this curity if— graph (1) and meets such requirements as the subtitle— ‘‘(i) it is a bond which is furnished to, and Secretary may provide to ensure that the accepted by, the Secretary, which is condi- payor will meet the requirements of para- ‘‘(1) MARK TO MARKET.—All property of a covered expatriate shall be treated as sold on tioned on the payment of tax (and interest graph (1), and the day before the expatriation date for its thereon), and which meets the requirements ‘‘(B) the covered expatriate— fair market value. of section 6325, or ‘‘(i) notifies the payor of his status as a ‘‘(ii) it is another form of security for such covered expatriate, and ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the payment (including letters of credit) that ‘‘(ii) makes an irrevocable waiver of any case of any sale under paragraph (1)— meets such requirements as the Secretary right to claim any reduction under any trea- ‘‘(A) notwithstanding any other provision may prescribe. ty with the United States in withholding on of this title, any gain arising from such sale ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- such item. shall be taken into account for the taxable tion may be made under paragraph (1) unless ‘‘(4) DEFERRED COMPENSATION ITEM.—For year of the sale, and the taxpayer makes an irrevocable waiver of purposes of this subsection, the term ‘de- ‘‘(B) any loss arising from such sale shall any right under any treaty of the United ferred compensation item’ means— be taken into account for the taxable year of States which would preclude assessment or ‘‘(A) any interest in a plan or arrangement the sale to the extent otherwise provided by collection of any tax imposed by reason of described in section 219(g)(5), this title, except that section 1091 shall not this section. ‘‘(B) any interest in a foreign pension plan apply to any such loss. ‘‘(6) ELECTIONS.—An election under para- or similar retirement arrangement or pro- Proper adjustment shall be made in the graph (1) shall only apply to property de- gram, amount of any gain or loss subsequently re- scribed in the election and, once made, is ir- ‘‘(C) any item of deferred compensation, alized for gain or loss taken into account revocable. and under the preceding sentence, determined ‘‘(7) INTEREST.—For purposes of section ‘‘(D) any property, or right to property, without regard to paragraph (3). 6601, the last date for the payment of tax which the individual is entitled to receive in ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— shall be determined without regard to the connection with the performance of services ‘‘(A) IN GENERAL.—The amount which election under this subsection. to the extent not previously taken into ac- would (but for this paragraph) be includible ‘‘(c) EXCEPTION FOR CERTAIN PROPERTY.— count under section 83 or in accordance with in the gross income of any individual by rea- Subsection (a) shall not apply to— section 83. son of paragraph (1) shall be reduced (but not ‘‘(1) any deferred compensation item (as ‘‘(5) EXCEPTION.—Paragraphs (1) and (2) below zero) by $600,000. defined in subsection (d)(4)), shall not apply to any deferred compensation ‘‘(B) ADJUSTMENT FOR INFLATION.— ‘‘(2) any specified tax deferred account (as item which is attributable to services per- ‘‘(i) IN GENERAL.—In the case of any tax- defined in subsection (e)(2)), and formed outside the United States while the able year beginning in a calendar year after ‘‘(3) any interest in a nongrantor trust (as covered expatriate was not a citizen or resi- 2008, the dollar amount in subparagraph (A) defined in subsection (f)(3)). dent of the United States. shall be increased by an amount equal to— ‘‘(d) TREATMENT OF DEFERRED COMPENSA- ‘‘(6) SPECIAL RULES.— ‘‘(I) such dollar amount, multiplied by TION ITEMS.— ‘‘(A) APPLICATION OF WITHHOLDING RULES.— ‘‘(II) the cost-of-living adjustment deter- ‘‘(1) WITHHOLDING ON ELIGIBLE DEFERRED Rules similar to the rules of subchapter B of mined under section 1(f)(3) for the calendar COMPENSATION ITEMS.— chapter 3 shall apply for purposes of this sub- year in which the taxable year begins, by ‘‘(A) IN GENERAL.—In the case of any eligi- section. substituting ‘calendar year 2007’ for ‘cal- ble deferred compensation item, the payor ‘‘(B) APPLICATION OF TAX.—Any item sub- endar year 1992’ in subparagraph (B) thereof. shall deduct and withhold from any taxable ject to the withholding tax imposed under ‘‘(ii) ROUNDING.—If any amount as adjusted payment to a covered expatriate with re- paragraph (1) shall be subject to tax under under clause (i) is not a multiple of $1,000, spect to such item a tax equal to 30 percent section 871. such amount shall be rounded to the nearest thereof. ‘‘(C) COORDINATION WITH OTHER WITH- multiple of $1,000. ‘‘(B) TAXABLE PAYMENT.—For purposes of HOLDING REQUIREMENTS.—Any item subject ‘‘(b) ELECTION TO DEFER TAX.— subparagraph (A), the term ‘taxable pay- to withholding under paragraph (1) shall not ‘‘(1) IN GENERAL.—If the taxpayer elects the ment’ means with respect to a covered expa- be subject to withholding under section 1441 application of this subsection with respect to triate any payment to the extent it would be or chapter 24. any property treated as sold by reason of includible in the gross income of the covered ‘‘(e) TREATMENT OF SPECIFIED TAX DE- subsection (a), the time for payment of the expatriate if such expatriate continued to be FERRED ACCOUNTS.— additional tax attributable to such property subject to tax as a citizen or resident of the ‘‘(1) ACCOUNT TREATED AS DISTRIBUTED.—In shall be extended until the due date of the United States. A deferred compensation item the case of any interest in a specified tax de- return for the taxable year in which such shall be taken into account as a payment ferred account held by a covered expatriate property is disposed of (or, in the case of under the preceding sentence when such item on the day before the expatriation date— property disposed of in a transaction in would be so includible. ‘‘(A) the covered expatriate shall be treat- which gain is not recognized in whole or in ‘‘(2) OTHER DEFERRED COMPENSATION ed as receiving a distribution of his entire in- part, until such other date as the Secretary ITEMS.—In the case of any deferred com- terest in such account on the day before the may prescribe). pensation item which is not an eligible de- expatriation date, ‘‘(2) DETERMINATION OF TAX WITH RESPECT ferred compensation item— ‘‘(B) no early distribution tax shall apply TO PROPERTY.—For purposes of paragraph (1), ‘‘(A)(i) with respect to any deferred com- by reason of such treatment, and the additional tax attributable to any prop- pensation item to which clause (ii) does not ‘‘(C) appropriate adjustments shall be erty is an amount which bears the same apply, an amount equal to the present value made to subsequent distributions from the ratio to the additional tax imposed by this of the covered expatriate’s accrued benefit account to reflect such treatment.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16035

‘‘(2) SPECIFIED TAX DEFERRED ACCOUNT.— more than 10 taxable years before the date of not less than the fair market value of such For purposes of paragraph (1), the term relinquishment. property on such date. The preceding sen- ‘specified tax deferred account’ means an in- ‘‘(C) COVERED EXPATRIATES ALSO SUBJECT tence shall not apply if the individual elects dividual retirement plan (as defined in sec- TO TAX AS CITIZENS OR RESIDENTS.—In the not to have such sentence apply. Such an tion 7701(a)(37)) other than any arrangement case of any covered expatriate who is subject election, once made, shall be irrevocable. described in subsection (k) or (p) of section to tax as a citizen or resident of the United ‘‘(3) COORDINATION WITH SECTION 684.—If the 408, a qualified tuition program (as defined in States for any period beginning after the ex- expatriation of any individual would result section 529), a Coverdell education savings patriation date, such individual shall not be in the recognition of gain under section 684, account (as defined in section 530), a health treated as a covered expatriate during such this section shall be applied after the appli- savings account (as defined in section 223), period for purposes of subsections (d)(1) and cation of section 684. and an Archer MSA (as defined in section (f) and section 2801. ‘‘(i) REGULATIONS.—The Secretary shall 220). ‘‘(2) EXPATRIATE.—The term ‘expatriate’ prescribe such regulations as may be nec- ‘‘(f) SPECIAL RULES FOR NONGRANTOR means— essary or appropriate to carry out the pur- TRUSTS.— ‘‘(A) any United States citizen who relin- poses of this section.’’. ‘‘(1) IN GENERAL.—In the case of a distribu- quishes his citizenship, and (b) TAX ON GIFTS AND BEQUESTS RECEIVED tion (directly or indirectly) of any property ‘‘(B) any long-term resident of the United BY UNITED STATES CITIZENS AND RESIDENTS from a nongrantor trust to a covered expa- States who ceases to be a lawful permanent FROM EXPATRIATES.— triate— resident of the United States (within the (1) IN GENERAL.—Subtitle B (relating to es- ‘‘(A) the trustee shall deduct and withhold meaning of section 7701(b)(6)). tate and gift taxes) is amended by inserting from such distribution an amount equal to 30 ‘‘(3) EXPATRIATION DATE.—The term ‘expa- after chapter 14 the following new chapter: percent of the taxable portion of the dis- triation date’ means— ‘‘CHAPTER 15—GIFTS AND BEQUESTS tribution, and ‘‘(A) the date an individual relinquishes FROM EXPATRIATES ‘‘(B) if the fair market value of such prop- United States citizenship, or ‘‘Sec. 2801. Imposition of tax. erty exceeds its adjusted basis in the hands ‘‘(B) in the case of a long-term resident of ‘‘SEC. 2801. IMPOSITION OF TAX. of the trust, gain shall be recognized to the the United States, the date on which the in- ‘‘(a) IN GENERAL.—If, during any calendar trust as if such property were sold to the ex- dividual ceases to be a lawful permanent year, any United States citizen or resident patriate at its fair market value. resident of the United States (within the receives any covered gift or bequest, there is ‘‘(2) TAXABLE PORTION.—For purposes of meaning of section 7701(b)(6)). this subsection, the term ‘taxable portion’ hereby imposed a tax equal to the product ‘‘(4) RELINQUISHMENT OF CITIZENSHIP.—A means, with respect to any distribution, that of— citizen shall be treated as relinquishing his portion of the distribution which would be ‘‘(1) the highest rate of tax specified in the United States citizenship on the earliest of— includible in the gross income of the covered table contained in section 2001(c) as in effect ‘‘(A) the date the individual renounces his expatriate if such expatriate continued to be on the date of such receipt (or, if greater, the United States nationality before a diplo- subject to tax as a citizen or resident of the highest rate of tax specified in the table ap- matic or consular officer of the United United States. plicable under section 2502(a) as in effect on States pursuant to paragraph (5) of section ‘‘(3) NONGRANTOR TRUST.—For purposes of the date), and 349(a) of the Immigration and Nationality this subsection, the term ‘nongrantor trust’ ‘‘(2) the value of such covered gift or be- Act (8 U.S.C. 1481(a)(5)), means the portion of any trust that the indi- quest. ‘‘(B) the date the individual furnishes to vidual is not considered the owner of under ‘‘(b) TAX TO BE PAID BY RECIPIENT.—The subpart E of part I of subchapter J. The de- the United States Department of State a tax imposed by subsection (a) on any covered termination under the preceding sentence signed statement of voluntary relinquish- gift or bequest shall be paid by the person re- shall be made immediately before the expa- ment of United States nationality con- ceiving such gift or bequest. firming the performance of an act of expa- triation date. ‘‘(c) EXCEPTION FOR CERTAIN GIFTS.—Sub- triation specified in paragraph (1), (2), (3), or ‘‘(4) SPECIAL RULES RELATING TO WITH- section (a) shall apply only to the extent (4) of section 349(a) of the Immigration and HOLDING.—For purposes of this subsection— that the value of covered gifts and bequests ‘‘(A) rules similar to the rules of sub- Nationality Act (8 U.S.C. 1481(a)(1)–(4)), received by any person during the calendar section (d)(6) shall apply, and ‘‘(C) the date the United States Depart- year exceeds the dollar amount in effect ‘‘(B) the covered expatriate shall be treat- ment of State issues to the individual a cer- under section 2503(b) for such calendar year. ed as having waived any right to claim any tificate of loss of nationality, or ‘‘(d) TAX REDUCED BY FOREIGN GIFT OR ES- reduction under any treaty with the United ‘‘(D) the date a court of the United States TATE TAX.—The tax imposed by subsection States in withholding on any distribution to cancels a naturalized citizen’s certificate of (a) on any covered gift or bequest shall be re- which paragraph (1)(A) applies unless the naturalization. duced by the amount of any gift or estate covered expatriate agrees to such other Subparagraph (A) or (B) shall not apply to tax paid to a foreign country with respect to treatment as the Secretary determines ap- any individual unless the renunciation or such covered gift or bequest. propriate. voluntary relinquishment is subsequently ‘‘(e) COVERED GIFT OR BEQUEST.— ‘‘(5) APPLICATION.—This subsection shall approved by the issuance to the individual of ‘‘(1) IN GENERAL.—For purposes of this apply to a nongrantor trust only if the cov- a certificate of loss of nationality by the chapter, the term ‘covered gift or bequest’ ered expatriate was a beneficiary of the trust United States Department of State. means— on the day before the expatriation date. ‘‘(5) LONG-TERM RESIDENT.—The term ‘long- ‘‘(A) any property acquired by gift directly ‘‘(g) DEFINITIONS AND SPECIAL RULES RE- term resident’ has the meaning given to such or indirectly from an individual who, at the LATING TO EXPATRIATION.—For purposes of term by section 877(e)(2). time of such acquisition, is a covered expa- this section— ‘‘(6) EARLY DISTRIBUTION TAX.—The term triate, and ‘‘(1) COVERED EXPATRIATE.— ‘early distribution tax’ means any increase ‘‘(B) any property acquired directly or in- ‘‘(A) IN GENERAL.—The term ‘covered expa- in tax imposed under section 72(t), 220(e)(4), directly by reason of the death of an indi- triate’ means an expatriate who meets the 223(f)(4), 409A(a)(1)(B), 529(c)(6), or 530(d)(4). vidual who, immediately before such death, requirements of subparagraph (A), (B), or (C) ‘‘(h) OTHER RULES.— was a covered expatriate. of section 877(a)(2). ‘‘(1) TERMINATION OF DEFERRALS, ETC.—In ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE ‘‘(B) EXCEPTIONS.—An individual shall not the case of any covered expatriate, notwith- SUBJECT TO ESTATE OR GIFT TAX.—Such term be treated as meeting the requirements of standing any other provision of this title— shall not include— subparagraph (A) or (B) of section 877(a)(2) ‘‘(A) any time period for acquiring prop- ‘‘(A) any property shown on a timely filed if— erty which would result in the reduction in return of tax imposed by chapter 12 which is ‘‘(i) the individual— the amount of gain recognized with respect a taxable gift by the covered expatriate, and ‘‘(I) became at birth a citizen of the United to property disposed of by the taxpayer shall ‘‘(B) any property included in the gross es- States and a citizen of another country and, terminate on the day before the expatriation tate of the covered expatriate for purposes of as of the expatriation date, continues to be a date, and chapter 11 and shown on a timely filed re- citizen of, and is taxed as a resident of, such ‘‘(B) any extension of time for payment of turn of tax imposed by chapter 11 of the es- other country, and tax shall cease to apply on the day before the tate of the covered expatriate. ‘‘(II) has been a resident of the United expatriation date and the unpaid portion of ‘‘(3) EXCEPTIONS FOR TRANSFERS TO SPOUSE States (as defined in section 7701(b)(1)(A)(ii)) such tax shall be due and payable at the time OR CHARITY.—Such term shall not include for not more than 10 taxable years during the and in the manner prescribed by the Sec- any property with respect to which a deduc- 15-taxable year period ending with the tax- retary. tion would be allowed under section 2055, able year during which the expatriation date ‘‘(2) STEP-UP IN BASIS.—Solely for purposes 2056, 2522, or 2523, whichever is appropriate, if occurs, or of determining any tax imposed by reason of the decedent or donor were a United States ‘‘(ii)(I) the individual’s relinquishment of subsection (a), property which was held by person. United States citizenship occurs before such an individual on the date the individual first ‘‘(4) TRANSFERS IN TRUST.— individual attains age 181⁄2, and became a resident of the United States ‘‘(A) DOMESTIC TRUSTS.—In the case of a ‘‘(II) the individual has been a resident of (within the meaning of section 7701(b)) shall covered gift or bequest made to a domestic the United States (as so defined) for not be treated as having a basis on such date of trust—

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16036 CONGRESSIONAL RECORD — SENATE December 19, 2007

‘‘(i) subsection (a) shall apply in the same (d) INFORMATION RETURNS.—Section 6039G of the plan if each of the following condi- manner as if such trust were a United States is amended— tions is met: citizen, and (1) by inserting ‘‘or 877A’’ after ‘‘section ‘‘(i) The employee or dependent, by reason ‘‘(ii) the tax imposed by subsection (a) on 877(b)’’ in subsection (a), and of service in the uniformed services (within such gift or bequest shall be paid by such (2) by inserting ‘‘or 877A’’ after ‘‘section the meaning of section 4303 of title 38, United trust. 877(a)’’ in subsection (d). States Code), was covered under a Federal ‘‘(B) FOREIGN TRUSTS.— (e) CLERICAL AMENDMENT.—The table of health care benefit program (including cov- ‘‘(i) IN GENERAL.—In the case of a covered sections for subpart A of part II of sub- erage under the TRICARE program (as that gift or bequest made to a foreign trust, sub- chapter N of chapter 1 is amended by insert- term is defined in section 1072 of title 10, section (a) shall apply to any distribution at- ing after the item relating to section 877 the United States Code) or by reason of entitle- tributable to such gift or bequest from such following new item: ment to health care benefits under the laws trust (whether from income or corpus) to a ‘‘Sec. 877A. Tax responsibilities of expatria- administered by the Secretary of Veterans United States citizen or resident in the same tion.’’. Affairs or as a member of the uniformed manner as if such distribution were a cov- (f) EFFECTIVE DATE.— services on active duty), and the employee or ered gift or bequest. (1) IN GENERAL.—Except as provided in this dependent loses eligibility for such coverage. ‘‘(ii) DEDUCTION FOR TAX PAID BY RECIPI- subsection, the amendments made by this ‘‘(ii) The employee or dependent is other- ENT.—There shall be allowed as a deduction section shall apply to expatriates (as defined wise eligible to enroll for coverage under the under section 164 the amount of tax imposed in section 877A(g) of the Internal Revenue terms of the plan. by this section which is paid or accrued by a Code of 1986, as added by this section) whose ‘‘(iii) The employee requests such coverage United States citizen or resident by reason expatriation date (as so defined) is on or not later than 90 days after the date on of a distribution from a foreign trust, but after the date of the enactment of this Act. which the coverage described in clause (i) only to the extent such tax is imposed on the (2) GIFTS AND BEQUESTS.—Chapter 15 of the terminated. portion of such distribution which is in- Internal Revenue Code of 1986 (as added by ‘‘(B) EFFECTIVE DATE OF COVERAGE.—Cov- cluded in the gross income of such citizen or subsection (b)) shall apply to covered gifts erage requested under subparagraph (A)(iii) resident. and bequests (as defined in section 2801 of shall become effective not later than the ‘‘(iii) ELECTION TO BE TREATED AS DOMESTIC such Code, as so added) received on or after first day of the first month after the date of TRUST.—Solely for purposes of this section, a the date of the enactment of this Act from such request.’’. transferors whose expatriation date is on or foreign trust may elect to be treated as a do- (c) PUBLIC HEALTH SERVICE ACT.—Section after such date of enactment. mestic trust. Such an election may be re- 2701(f) of the Public Health Service Act (42 voked with the consent of the Secretary. SEC. 205. SPECIAL ENROLLMENT OPTION BY EM- U.S.C. 300gg(f)) is amended by adding at the PLOYER HEALTH PLANS FOR MEM- ‘‘(f) COVERED EXPATRIATE.—For purposes of end the following: this section, the term ‘covered expatriate’ BERS OF UNIFORM SERVICES WHO LOSE HEALTH CARE COVERAGE. ‘‘(3) LOSS OF MILITARY HEALTH COVERAGE.— has the meaning given to such term by sec- ‘‘(A) IN GENERAL.—Notwithstanding para- tion 877A(g)(1).’’. (a) IN GENERAL.—Section 9801(f) (relating to special enrollment periods) is amended by graphs (1) and (2), a group health plan, and a (2) CLERICAL AMENDMENT.—The table of adding at the end the following new para- health insurance issuer offering group health chapters for subtitle B is amended by insert- graph: insurance coverage in connection with a ing after the item relating to chapter 14 the ‘‘(3) LOSS OF MILITARY HEALTH COVERAGE.— group health plan, shall permit an employee following new item: ‘‘(A) IN GENERAL.—Notwithstanding para- who is eligible, but not enrolled, for coverage ‘‘CHAPTER 15. GIFTS AND BEQUESTS FROM graphs (1) and (2), a group health plan shall under the terms of the plan (or a dependent EXPATRIATES.’’. permit an employee who is eligible, but not of such an employee if the dependent is eligi- (c) DEFINITION OF TERMINATION OF UNITED enrolled, for coverage under the terms of the ble, but not enrolled, for coverage under such STATES CITIZENSHIP.— plan (or a dependent of such an employee if terms) to enroll for coverage under the terms (1) IN GENERAL.—Section 7701(a) is amended the dependent is eligible, but not enrolled, of the plan if each of the following condi- by adding at the end the following new para- for coverage under such terms) to enroll for tions is met: graph: coverage under the terms of the plan if each ‘‘(i) The employee or dependent, by reason ‘‘(50) TERMINATION OF UNITED STATES CITI- of the following conditions is met: of service in the uniformed services (within ZENSHIP.— ‘‘(i) The employee or dependent, by reason the meaning of section 4303 of title 38, United ‘‘(A) IN GENERAL.—An individual shall not of service in the uniformed services (within States Code), was covered under a Federal cease to be treated as a United States citizen the meaning of section 4303 of title 38, United health care benefit program (including cov- before the date on which the individual’s States Code), was covered under a Federal erage under the TRICARE program (as that citizenship is treated as relinquished under health care benefit program (including cov- term is defined in section 1072 of title 10, section 877A(g)(4). erage under the TRICARE program (as that United States Code) or by reason of entitle- ‘‘(B) DUAL CITIZENS.—Under regulations term is defined in section 1072 of title 10, ment to health care benefits under the laws prescribed by the Secretary, subparagraph United States Code) or by reason of entitle- administered by the Secretary of Veterans (A) shall not apply to an individual who be- ment to health care benefits under the laws Affairs or as a member of the uniformed came at birth a citizen of the United States administered by the Secretary of Veterans services on active duty), and the employee or and a citizen of another country.’’. Affairs or as a member of the uniformed dependent loses eligibility for such coverage. (2) CONFORMING AMENDMENTS.— services on active duty), and the employee or ‘‘(ii) The employee or dependent is other- (A) Paragraph (1) of section 877(e) is dependent loses eligibility for such coverage. wise eligible to enroll for coverage under the amended to read as follows: ‘‘(ii) The employee or dependent is other- terms of the plan. ‘‘(1) IN GENERAL.—Any long-term resident wise eligible to enroll for coverage under the ‘‘(iii) The employee requests such coverage of the United States who ceases to be a law- terms of the plan. not later than 90 days after the date on ful permanent resident of the United States ‘‘(iii) The employee requests such coverage which the coverage described in clause (i) (within the meaning of section 7701(b)(6)) not later than 90 days after the date on terminated. shall be treated for purposes of this section which the coverage described in clause (i) ‘‘(B) EFFECTIVE DATE OF COVERAGE.—Cov- and sections 2107, 2501, and 6039G in the same terminated. erage requested under subparagraph (A)(iii) manner as if such resident were a citizen of ‘‘(B) EFFECTIVE DATE OF COVERAGE.—Cov- shall become effective not later than the the United States who lost United States erage requested under subparagraph (A)(iii) first day of the first month after the date of citizenship on the date of such cessation or shall become effective not later than the such request.’’. commencement.’’. first day of the first month after the date of (d) REGULATIONS.—The Secretary of the (B) Paragraph (6) of section 7701(b) is such request.’’. Treasury, the Secretary of Labor, and the amended by adding at the end the following (b) EMPLOYEE RETIREMENT INCOME SECU- Secretary of Health and Human Services, flush sentence: RITY ACT OF 1974.—Section 701(f) of the Em- consistent with section 104 of the Health In- ‘‘An individual shall cease to be treated as a ployee Retirement Income Security Act of surance Portability and Accountability Act lawful permanent resident of the United 1974 (29 U.S.C. 1181(f)) is amended by adding of 1996 (42 U.S.C. 300gg–92 note), may promul- States if such individual commences to be at the end the following: gate such regulations as may be necessary or treated as a resident of a foreign country ‘‘(3) LOSS OF MILITARY HEALTH COVERAGE.— appropriate to require the notification of in- under the provisions of a tax treaty between ‘‘(A) IN GENERAL.—Notwithstanding para- dividuals (or their dependents) of their rights the United States and the foreign country, graphs (1) and (2), a group health plan, and a under the amendment made by this Act. does not waive the benefits of such treaty health insurance issuer offering group health applicable to residents of the foreign coun- insurance coverage in connection with a (e) EFFECTIVE DATE.—The amendments try, and notifies the Secretary of the com- group health plan, shall permit an employee made by this section shall take effect 90 days mencement of such treatment.’’. who is eligible, but not enrolled, for coverage after the date of the enactment of this Act. (C) Section 7701 is amended by striking under the terms of the plan (or a dependent TITLE III—TAX TECHNICAL CORRECTIONS subsection (n) and by redesignating sub- of such an employee if the dependent is eligi- sections (o) and (p) as subsections (n) and (o), ble, but not enrolled, for coverage under such SEC. 301. SHORT TITLE. respectively. terms) to enroll for coverage under the terms This title may be cited as the ‘‘’’.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16037

SEC. 302. AMENDMENT RELATED TO THE TAX RE- (2) Paragraph (1) of section 6696(d) is ‘‘(3) SPECIAL RULES FOR DETERMINING AC- LIEF AND HEALTH CARE ACT OF amended by striking ‘‘or under section 6695’’ TIVE CONDUCT IN THE CASE OF AFFILIATED 2006. and inserting ‘‘, section 6695, or 6695A’’. GROUPS.— (a) AMENDMENT RELATED TO SECTION 402 OF (f) AMENDMENT RELATED TO SECTION 1221 OF ‘‘(A) IN GENERAL.—For purposes of deter- DIVISION A OF THE ACT.—Subparagraph (A) of THE ACT.—Subparagraph (A) of section mining whether a corporation meets the re- section 53(e)(2) is amended to read as follows: 4940(c)(4) is amended to read as follows: quirements of paragraph (2)(A), all members ‘‘(A) IN GENERAL.—The term ‘AMT refund- ‘‘(A) There shall not be taken into account of such corporation’s separate affiliated able credit amount’ means, with respect to any gain or loss from the sale or other dis- group shall be treated as one corporation. any taxable year, the amount (not in excess position of property to the extent that such ‘‘(B) SEPARATE AFFILIATED GROUP.—For of the long-term unused minimum tax credit gain or loss is taken into account for pur- purposes of this paragraph, the term ‘sepa- for such taxable year) equal to the greater poses of computing the tax imposed by sec- rate affiliated group’ means, with respect to of— tion 511.’’. any corporation, the affiliated group which ‘‘(i) $5,000, (g) AMENDMENT RELATED TO SECTION 1225 would be determined under section 1504(a) if ‘‘(ii) 20 percent of the long-term unused OF THE ACT.— such corporation were the common parent minimum tax credit for such taxable year, or (1) Subsection (b) of section 6104 is amend- and section 1504(b) did not apply. ‘‘(iii) the amount (if any) of the AMT re- ed— ‘‘(C) TREATMENT OF TRADE OR BUSINESS CON- fundable credit amount determined under (A) by striking ‘‘INFORMATION’’ in the head- DUCTED BY ACQUIRED MEMBER.—If a corpora- this paragraph for the taxpayer’s preceding ing, and tion became a member of a separate affili- taxable year (as determined before any re- (B) by adding at the end the following: ated group as a result of one or more trans- ‘‘Any annual return which is filed under sec- duction under subparagraph (B)).’’. actions in which gain or loss was recognized (b) EFFECTIVE DATE.—The amendment tion 6011 by an organization described in sec- in whole or in part, any trade or business made by this section shall take effect as if tion 501(c)(3) and which relates to any tax conducted by such corporation (at the time included in the provision of the Tax Relief imposed by section 511 (relating to imposi- that such corporation became such a mem- and Health Care Act of 2006 to which it re- tion of tax on unrelated business income of ber) shall be treated for purposes of para- lates. charitable, etc., organizations) shall be graph (2) as acquired in a transaction in SEC. 303. AMENDMENTS RELATED TO TITLE XII treated for purposes of this subsection in the which gain or loss was recognized in whole or OF THE PENSION PROTECTION ACT same manner as if furnished under section in part. OF 2006. 6033.’’. ‘‘(D) REGULATIONS.—The Secretary shall (a) AMENDMENT RELATED TO SECTION 1201 (2) Clause (ii) of section 6104(d)(1)(A) is OF THE ACT.—Subparagraph (D) of section amended to read as follows: prescribe such regulations as are necessary 408(d)(8) is amended by striking ‘‘all amounts ‘‘(ii) any annual return which is filed under or appropriate to carry out the purposes of distributed from all individual retirement section 6011 by an organization described in this paragraph, including regulations which plans were treated as 1 contract under para- section 501(c)(3) and which relates to any tax provide for the proper application of sub- graph (2)(A) for purposes of determining the imposed by section 511 (relating to imposi- paragraphs (B), (C), and (D) of paragraph (2), inclusion of such distribution under section tion of tax on unrelated business income of and modify the application of subsection 72’’ and inserting ‘‘all amounts in all indi- charitable, etc., organizations),’’. (a)(3)(B), in connection with the application vidual retirement plans of the individual (3) Paragraph (2) of section 6104(d) is of this paragraph.’’. were distributed during such taxable year amended by striking ‘‘section 6033’’ and in- (3) The Internal Revenue Code of 1986 shall and all such plans were treated as 1 contract serting ‘‘section 6011 or 6033’’. be applied and administered as if the amend- for purposes of determining under section 72 (h) AMENDMENT RELATED TO SECTION 1231 ments made by section 202 of the Tax In- the aggregate amount which would have OF THE ACT.—Subsection (b) of section 4962 is crease Prevention and Reconciliation Act of been so includible’’. amended by striking ‘‘or D’’ and inserting 2005 and by section 410 of division A of the (b) AMENDMENT RELATED TO SECTION 1203 ‘‘D, or G’’. Tax Relief and Health Care Act of 2006 had OF THE ACT.—Subsection (d) of section 1366 is (i) AMENDMENT RELATED TO SECTION 1242 OF never been enacted. amended by adding at the end the following THE ACT.— (c) AMENDMENT RELATED TO SECTION 515 OF new paragraph: (1) Subclause (II) of section 4958(c)(3)(A)(i) THE ACT.—Subsection (f) of section 911 is ‘‘(4) APPLICATION OF LIMITATION ON CHARI- is amended by striking ‘‘paragraph (1), (2), or amended to read as follows: TABLE CONTRIBUTIONS.—In the case of any (4) of section 509(a)’’ and inserting ‘‘subpara- ‘‘(f) DETERMINATION OF TAX LIABILITY.— charitable contribution of property to which graph (C)(ii)’’. ‘‘(1) IN GENERAL.—If, for any taxable year, the second sentence of section 1367(a)(2) ap- (2) Clause (ii) of section 4958(c)(3)(C) is any amount is excluded from gross income of plies, paragraph (1) shall not apply to the ex- amended to read as follows: a taxpayer under subsection (a), then, not- tent of the excess (if any) of— ‘‘(ii) EXCEPTION.—Such term shall not in- withstanding sections 1 and 55— ‘‘(A) the shareholder’s pro rata share of clude— ‘‘(A) if such taxpayer has taxable income such contribution, over ‘‘(I) any organization described in para- for such taxable year, the tax imposed by ‘‘(B) the shareholder’s pro rata share of the graph (1), (2), or (4) of section 509(a), and section 1 for such taxable year shall be equal adjusted basis of such property.’’. ‘‘(II) any organization which is treated as to the excess (if any) of— (c) AMENDMENT RELATED TO SECTION 1215 described in such paragraph (2) by reason of OF THE ACT.—Subclause (I) of section ‘‘(i) the tax which would be imposed by sec- the last sentence of section 509(a) and which tion 1 for such taxable year if the taxpayer’s 170(e)(7)(D)(i) is amended by striking ‘‘re- is a supported organization (as defined in lated’’ and inserting ‘‘substantial and re- taxable income were increased by the section 509(f)(3)) of the organization to which amount excluded under subsection (a) for lated’’. subparagraph (A) applies.’’. (d) AMENDMENTS RELATED TO SECTION 1218 such taxable year, over (j) EFFECTIVE DATE.—The amendments ‘‘(ii) the tax which would be imposed by OF THE ACT.— made by this section shall take effect as if section 1 for such taxable year if the tax- (1) Section 2055 is amended by striking sub- included in the provisions of the Pension payer’s taxable income were equal to the section (g) and by redesignating subsection Protection Act of 2006 to which they relate. amount excluded under subsection (a) for (h) as subsection (g). SEC. 304. AMENDMENTS RELATED TO THE TAX IN- (2) Subsection (e) of section 2522 is amend- CREASE PREVENTION AND REC- such taxable year, and ed— ONCILIATION ACT OF 2005. ‘‘(B) if such taxpayer has a taxable excess (A) by striking paragraphs (2) and (4), (a) AMENDMENTS RELATED TO SECTION 103 (as defined in section 55(b)(1)(A)(ii)) for such (B) by redesignating paragraph (3) as para- OF THE ACT.—Paragraph (6) of section 954(c) taxable year, the amount determined under graph (2), and is amended by redesignating subparagraph the first sentence of section 55(b)(1)(A)(i) for (C) by adding at the end of paragraph (2), (B) as subparagraph (C) and inserting after such taxable year shall be equal to the ex- as so redesignated, the following new sub- subparagraph (A) the following new subpara- cess (if any) of— paragraph: graph: ‘‘(i) the amount which would be deter- ‘‘(C) INITIAL FRACTIONAL CONTRIBUTION.— ‘‘(B) EXCEPTION.—Subparagraph (A) shall mined under such sentence for such taxable For purposes of this paragraph, the term not apply in the case of any interest, rent, or year (subject to the limitation of section ‘initial fractional contribution’ means, with royalty to the extent such interest, rent, or 55(b)(3)) if the taxpayer’s taxable excess (as respect to any donor, the first gift of an un- royalty creates (or increases) a deficit which so defined) were increased by the amount ex- divided portion of the donor’s entire interest under section 952(c) may reduce the subpart cluded under subsection (a) for such taxable in any tangible personal property for which F income of the payor or another controlled year, over a deduction is allowed under subsection (a) foreign corporation.’’. ‘‘(ii) the amount which would be deter- or (b).’’. (b) AMENDMENTS RELATED TO SECTION 202 mined under such sentence for such taxable (e) AMENDMENTS RELATED TO SECTION 1219 OF THE ACT.— year if the taxpayer’s taxable excess (as so OF THE ACT.— (1) Subparagraph (A) of section 355(b)(2) is defined) were equal to the amount excluded (1) Paragraph (2) of section 6695A(a) is amended to read as follows: under subsection (a) for such taxable year. amended by inserting ‘‘a substantial estate ‘‘(A) it is engaged in the active conduct of ‘‘(2) SPECIAL RULES.— or gift tax valuation understatement (within a trade or business,’’. ‘‘(A) REGULAR TAX.—In applying section the meaning of section 6662(g)),’’ before ‘‘or a (2) Paragraph (3) of section 355(b) is amend- 1(h) for purposes of determining the tax gross valuation misstatement’’. ed to read as follows: under paragraph (1)(A)(i) for any taxable

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16038 CONGRESSIONAL RECORD — SENATE December 19, 2007 year in which, without regard to this sub- paragraph. The preceding sentence shall only 40A(d)(1)), diesel fuel (as defined in section section, the taxpayer’s net capital gain ex- apply with respect to the corporation that 4083(a)(3)), or kerosene, and ceeds taxable income (hereafter in this sub- undertakes such acquisition, disposition, or ‘‘(ii) at least 20 percent of the volume of paragraph referred to as the capital gain ex- other restructuring, and only if such applica- which consists of biodiesel (as so defined) de- cess)— tion results in continued qualification under termined without regard to any kerosene in ‘‘(i) the taxpayer’s net capital gain (deter- section 355(b)(2)(A) of such Code. such mixture.’’. mined without regard to section 1(h)(11)) (3) AMENDMENT RELATED TO SECTION 515 OF (c) AMENDMENTS RELATED TO SECTION 1351 shall be reduced (but not below zero) by such THE ACT.—The amendment made by sub- OF THE ACT.— capital gain excess, section (c) shall apply to taxable years be- (1) Paragraph (3) of section 41(a) is amend- ‘‘(ii) the taxpayer’s qualified dividend in- ginning after December 31, 2006. ed by inserting ‘‘for energy research’’ before come shall be reduced by so much of such SEC. 305. AMENDMENTS RELATED TO THE SAFE, the period at the end. capital gain excess as exceeds the taxpayer’s ACCOUNTABLE, FLEXIBLE, EFFI- (2) Paragraph (6) of section 41(f) is amended net capital gain (determined without regard CIENT TRANSPORTATION EQUITY by adding at the end the following new sub- to section 1(h)(11) and the reduction under ACT: A LEGACY FOR USERS. paragraph: clause (i)), and (a) AMENDMENTS RELATED TO SECTION 11113 ‘‘(E) ENERGY RESEARCH.—The term ‘energy ‘‘(iii) adjusted net capital gain, OF THE ACT.— research’ does not include any research unrecaptured section 1250 gain, and 28-per- (1) Paragraph (3) of section 6427(i) is which is not qualified research.’’. cent rate gain shall each be determined after amended— (d) AMENDMENTS RELATED TO SECTION 1362 increasing the amount described in section (A) by inserting ‘‘or under subsection (e)(2) OF THE ACT.— 1(h)(4)(B) by such capital gain excess. by any person with respect to an alternative (1)(A) Paragraph (1) of section 4041(d) is ‘‘(B) ALTERNATIVE MINIMUM TAX.—In apply- fuel (as defined in section 6426(d)(2))’’ after amended by adding at the end the following ing section 55(b)(3) for purposes of deter- ‘‘section 6426’’ in subparagraph (A), new sentence: ‘‘No tax shall be imposed mining the tax under paragraph (1)(B)(i) for (B) by inserting ‘‘or (e)(2)’’ after ‘‘sub- under the preceding sentence on the sale or any taxable year in which, without regard to section (e)(1)’’ in subparagraphs (A)(i) and use of any liquid if tax was imposed with re- this subsection, the taxpayer’s net capital (B), and spect to such liquid under section 4081 at the gain exceeds the taxable excess (as defined in (C) by striking ‘‘ALCOHOL FUEL AND BIO- Leaking Underground Storage Tank Trust section 55(b)(1)(A)(ii))— DIESEL MIXTURE CREDIT’’ and inserting ‘‘MIX- Fund financing rate.’’. ‘‘(i) the rules of subparagraph (A) shall TURE CREDITS AND THE ALTERNATIVE FUEL (B) Paragraph (3) of section 4042(b) is apply, except that such subparagraph shall CREDIT’’ in the heading thereof. amended to read as follows: be applied by substituting ‘the taxable ex- (2) Subparagraph (F) of section 6426(d)(2) is ‘‘(3) EXCEPTION FOR FUEL ON WHICH LEAKING cess (as defined in section 55(b)(1)(A)(ii))’ for amended by striking ‘‘hydrocarbons’’ and in- UNDERGROUND STORAGE TANK TRUST FUND FI- ‘taxable income’, and serting ‘‘fuel’’. NANCING RATE SEPARATELY IMPOSED.—The ‘‘(ii) the reference in section 55(b)(3)(B) to (3) Section 6426 is amended by adding at Leaking Underground Storage Tank Trust the excess described in section 1(h)(1)(B) the end the following new subsection: Fund financing rate under paragraph (2)(B) shall be treated as a reference to such excess ‘‘(h) DENIAL OF DOUBLE BENEFIT.—No credit shall not apply to the use of any fuel if tax as determined under the rules of subpara- shall be determined under subsection (d) or was imposed with respect to such fuel under graph (A) for purposes of determining the tax (e) with respect to any fuel with respect to section 4041(d) or 4081 at the Leaking Under- under paragraph (1)(A)(i). which credit may be determined under sub- ground Storage Tank Trust Fund financing section (b) or (c) or under section 40 or 40A.’’. ‘‘(C) DEFINITIONS.—Terms used in this rate.’’. (b) EFFECTIVE DATE.—The amendments paragraph which are also used in section 1(h) (C) Notwithstanding section 6430 of the In- made by this section shall take effect as if shall have the respective meanings given ternal Revenue Code of 1986, a refund, credit, included in the provisions of the SAFETEA– such terms by section 1(h), except that in ap- or payment may be made under subchapter B LU to which they relate. plying subparagraph (B) the adjustments of chapter 65 of such Code for taxes imposed under part VI of subchapter A shall be taken SEC. 306. AMENDMENTS RELATED TO THE EN- with respect to any liquid after September ERGY POLICY ACT OF 2005. into account.’’. 30, 2005, and before the date of the enactment (a) AMENDMENT RELATED TO SECTION 1306 (d) EFFECTIVE DATE.— of this Act under section 4041(d)(1) or 4042 of OF THE ACT.—Paragraph (2) of section 45J(b) (1) IN GENERAL.—Except as otherwise pro- such Code at the Leaking Underground Stor- is amended to read as follows: vided in this subsection, the amendments age Tank Trust Fund financing rate to the ‘‘(2) AMOUNT OF NATIONAL LIMITATION.—The made by this section shall take effect as if extent that tax was imposed with respect to aggregate amount of national megawatt ca- included in the provisions of the Tax In- such liquid under section 4081 at the Leaking pacity limitation allocated by the Secretary crease Prevention and Reconciliation Act of Underground Storage Tank Trust Fund fi- under paragraph (3) shall not exceed 6,000 2005 to which they relate. nancing rate. megawatts.’’. (2) MODIFICATION OF ACTIVE BUSINESS DEFI- (b) AMENDMENTS RELATED TO SECTION 1342 (2)(A) Paragraph (5) of section 4041(d) is NITION UNDER SECTION 355.— OF THE ACT.— amended— (A) IN GENERAL.—Except as otherwise pro- (1) So much of subsection (b) of section 30C (i) by striking ‘‘(other than with respect to vided in this paragraph, the amendments as precedes paragraph (1) thereof is amended any sale for export under paragraph (3) made by subsection (b) shall apply to dis- to read as follows: thereof)’’, and tributions made after May 17, 2006. ‘‘(b) LIMITATION.—The credit allowed under (ii) by adding at the end the following new (B) TRANSITION RULE.—The amendments subsection (a) with respect to all qualified sentence: ‘‘The preceding sentence shall not made by subsection (b) shall not apply to alternative fuel vehicle refueling property apply with respect to subsection (g)(3) and so any distribution pursuant to a transaction placed in service by the taxpayer during the much of subsection (g)(1) as relates to vessels which is— taxable year at a location shall not (within the meaning of section 4221(d)(3)) em- (i) made pursuant to an agreement which exceed—’’. ployed in foreign trade or trade between the was binding on May 17, 2006, and at all times (2) Subsection (c) of section 30C is amended United States and any of its possessions.’’. thereafter, to read as follows: (B) Section 4082 is amended— (ii) described in a ruling request submitted ‘‘(c) QUALIFIED ALTERNATIVE FUEL VEHICLE (i) by striking ‘‘(other than such tax at the to the Internal Revenue Service on or before REFUELING PROPERTY.—For purposes of this Leaking Underground Storage Tank Trust such date, or section, the term ‘qualified alternative fuel Fund financing rate imposed in all cases (iii) described on or before such date in a vehicle refueling property’ has the same other than for export)’’ in subsection (a), and public announcement or in a filing with the meaning as the term ‘qualified clean-fuel ve- (ii) by redesignating subsections (f) and (g) Securities and Exchange Commission. hicle refueling property’ would have under as subsections (g) and (h), respectively, and (C) ELECTION OUT OF TRANSITION RULE.— section 179A if— by inserting after subsection (e) the fol- Subparagraph (B) shall not apply if the dis- ‘‘(1) paragraph (1) of section 179A(d) did not lowing new subsection: tributing corporation elects not to have such apply to property installed on property ‘‘(f) EXCEPTION FOR LEAKING UNDERGROUND subparagraph apply to distributions of such which is used as the principal residence STORAGE TANK TRUST FUND FINANCING corporation. Any such election, once made, (within the meaning of section 121) of the RATE.— shall be irrevocable. taxpayer, and ‘‘(1) IN GENERAL.—Subsection (a) shall not (D) SPECIAL RULE FOR CERTAIN PRE-ENACT- ‘‘(2) only the following were treated as apply to the tax imposed under section 4081 MENT DISTRIBUTIONS.—For purposes of deter- clean-burning fuels for purposes of section at the Leaking Underground Storage Tank mining the continued qualification under 179A(d): Trust Fund financing rate. section 355(b)(2)(A) of the Internal Revenue ‘‘(A) Any fuel at least 85 percent of the vol- ‘‘(2) EXCEPTION FOR EXPORT, ETC.—Para- Code of 1986 of distributions made on or be- ume of which consists of one or more of the graph (1) shall not apply with respect to any fore May 17, 2006, as a result of an acquisi- following: ethanol, natural gas, compressed fuel if the Secretary determines that such tion, disposition, or other restructuring after natural gas, liquified natural gas, liquefied fuel is destined for export or for use by the such date, such distribution shall be treated petroleum gas, or hydrogen. purchaser as supplies for vessels (within the as made on the date of such acquisition, dis- ‘‘(B) Any mixture— meaning of section 4221(d)(3)) employed in position, or restructuring for purposes of ap- ‘‘(i) which consists of two or more of the foreign trade or trade between the United plying subparagraphs (A) through (C) of this following: biodiesel (as defined in section States and any of its possessions.’’.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16039 (C) Subsection (e) of section 4082 is amend- (B) The heading of paragraph (2) of section paragraph (B) the following new subpara- ed— 45H(c) is amended by striking ‘‘CAPITAL’’. graph: (i) by striking ‘‘an aircraft, the rate of tax (C) Subsection (a) of section 179B is amend- ‘‘(C) APPLICATION TO LIABILITIES AND OBLI- under section 4081(a)(2)(A)(iii) shall be zero.’’ ed by inserting ‘‘and which are properly GATIONS.—Except as otherwise provided by and inserting ‘‘an aircraft— chargeable to capital account’’ before the pe- the Secretary, rules similar to the rules of ‘‘(1) the rate of tax under section riod at the end. clauses (ii) and (iii) of subparagraph (A) shall 4081(a)(2)(A)(iii) shall be zero, and (b) AMENDMENTS RELATED TO SECTION 710 apply for purposes of this paragraph with re- ‘‘(2) if such aircraft is employed in foreign OF THE ACT.— spect to any position which is, or has been, trade or trade between the United States and (1) Clause (ii) of section 45(c)(3)(A) is a liability or obligation.’’. any of its possessions, the increase in such amended by striking ‘‘which is segregated (4) Subparagraph (D) of section 1092(a)(2), rate under section 4081(a)(2)(B) shall be from other waste materials and’’. as redesignated by paragraph (3), is amended zero.’’; and (2) Subparagraph (B) of section 45(d)(2) is by inserting ‘‘the rules for the application of (ii) by moving the last sentence flush with amended by inserting ‘‘and’’ at the end of this section to a position which is or has the margin of such subsection (following the clause (i), by striking clause (ii), and by re- been a liability or obligation, methods of paragraph (2) added by clause (i)). designating clause (iii) as clause (ii). loss allocation which satisfy the require- (D) Section 6430 is amended to read as fol- (c) AMENDMENTS RELATED TO SECTION 848 ments of subparagraph (A)(iii),’’ before ‘‘and lows: OF THE ACT.— the ordering rules’’. ‘‘SEC. 6430. TREATMENT OF TAX IMPOSED AT (1) Paragraph (2) of section 470(c) is amend- (e) EFFECTIVE DATE.— LEAKING UNDERGROUND STORAGE ed to read as follows: (1) IN GENERAL.—Except as otherwise pro- TANK TRUST FUND FINANCING ‘‘(2) TAX-EXEMPT USE PROPERTY.— vided in this subsection, the amendments RATE. ‘‘(A) IN GENERAL.—The term ‘tax-exempt made by this section shall take effect as if ‘‘No refunds, credits, or payments shall be use property’ has the meaning given to such included in the provisions of the American made under this subchapter for any tax im- term by section 168(h), except that such sec- Jobs Creation Act of 2004 to which they re- posed at the Leaking Underground Storage tion shall be applied— late. Tank Trust Fund financing rate, except in ‘‘(i) without regard to paragraphs (1)(C) (2) IDENTIFICATION REQUIREMENT OF AMEND- the case of fuels— and (3) thereof, and MENT RELATED TO SECTION 888 OF THE AMER- ‘‘(1) which are exempt from tax under sec- ‘‘(ii) as if section 197 intangible property ICAN JOBS CREATION ACT OF 2004.—The amend- tion 4081(a) by reason of section 4082(f)(2), (as defined in section 197), and property de- ment made by subsection (d)(2)(A) shall ‘‘(2) which are exempt from tax under sec- scribed in paragraph (1)(B) or (2) of section apply to straddles acquired after the date of tion 4041(d) by reason of the last sentence of 167(f), were tangible property. the enactment of this Act. paragraph (5) thereof, or ‘‘(B) EXCEPTION FOR PARTNERSHIPS.—Such SEC. 308. AMENDMENTS RELATED TO THE ECO- ‘‘(3) with respect to which the rate increase term shall not include any property which NOMIC GROWTH AND TAX RELIEF under section 4081(a)(2)(B) is zero by reason would (but for this subparagraph) be tax-ex- RECONCILIATION ACT OF 2001. of section 4082(e)(2).’’. (a) AMENDMENTS RELATED TO SECTION 617 empt use property solely by reason of section (3) Paragraph (5) of section 4041(d) is OF THE ACT.— 168(h)(6). amended by inserting ‘‘(b)(1)(A),’’ after ‘‘sub- (1) Subclause (II) of section 402(g)(7)(A)(ii) ‘‘(C) CROSS REFERENCE.—For treatment of sections’’. is amended by striking ‘‘for prior taxable (e) EFFECTIVE DATE.— partnerships as leases to which section 168(h) applies, see section 7701(e).’’. years’’ and inserting ‘‘permitted for prior (1) IN GENERAL.—Except as otherwise pro- taxable years by reason of this paragraph’’. vided in this subsection, the amendments (2) Subparagraph (A) of section 470(d)(1) is amended by striking ‘‘(at any time during (2) Subparagraph (A) of section 3121(v)(1) is made by this section shall take effect as if amended by inserting ‘‘or consisting of des- included in the provisions of the Energy Pol- the lease term)’’ and inserting ‘‘(at all times during the lease term)’’. ignated Roth contributions (as defined in icy Act of 2005 to which they relate. section 402A(c))’’ before the comma at the (d) AMENDMENTS RELATED TO SECTION 888 (2) NONAPPLICATION OF EXEMPTION FOR OFF- end. OF THE ACT.— HIGHWAY BUSINESS USE.—The amendment (b) EFFECTIVE DATE.—The amendments made by subsection (d)(3) shall apply to fuel (1) Subparagraph (A) of section 1092(a)(2) is made by this section shall take effect as if sold for use or used after the date of the en- amended by striking ‘‘and’’ at the end of included in the provisions of the Economic actment of this Act. clause (ii), by redesignating clause (iii) as Growth and Tax Relief Reconciliation Act of (3) AMENDMENT MADE BY THE SAFETEA–LU.— clause (iv), and by inserting after clause (ii) 2001 to which they relate. the following new clause: The amendment made by subsection SEC. 309. AMENDMENTS RELATED TO THE TAX (d)(2)(C)(ii) shall take effect as if included in ‘‘(iii) if the application of clause (ii) does RELIEF EXTENSION ACT OF 1999. section 11161 of the SAFETEA–LU. not result in an increase in the basis of any (a) AMENDMENT RELATED TO SECTION 507 OF SEC. 307. AMENDMENTS RELATED TO THE AMER- offsetting position in the identified straddle, THE ACT.—Clause (i) of section 45(e)(7)(A) is ICAN JOBS CREATION ACT OF 2004. the basis of each of the offsetting positions amended by striking ‘‘placed in service by (a) AMENDMENTS RELATED TO SECTION 339 in the identified straddle shall be increased the taxpayer’’ and inserting ‘‘originally OF THE ACT.— in a manner which— placed in service’’. (1)(A) Section 45H is amended by striking ‘‘(I) is reasonable, consistent with the pur- (b) AMENDMENT RELATED TO SECTION 542 OF subsection (d) and by redesignating sub- poses of this paragraph, and consistently ap- THE ACT.—Clause (ii) of section 856(d)(9)(D) is sections (e), (f), and (g) as subsections (d), plied by the taxpayer, and amended to read as follows: (e), and (f), respectively. ‘‘(II) results in an aggregate increase in the ‘‘(ii) LODGING FACILITY.—The term ‘lodging (B) Subsection (d) of section 280C is amend- basis of such offsetting positions which is facility’ means a— ed to read as follows: equal to the loss described in clause (ii), ‘‘(I) hotel, ‘‘(d) CREDIT FOR LOW SULFUR DIESEL FUEL and’’. ‘‘(II) motel, or PRODUCTION.—The deductions otherwise al- (2)(A) Subparagraph (B) of section ‘‘(III) other establishment more than one- lowed under this chapter for the taxable year 1092(a)(2) is amended by adding at the end half of the dwelling units in which are used shall be reduced by the amount of the credit the following flush sentence: on a transient basis.’’. determined for the taxable year under sec- ‘‘A straddle shall be treated as clearly iden- (c) EFFECTIVE DATE.—The amendments tion 45H(a).’’. tified for purposes of clause (i) only if such made by this section shall take effect as if (C) Subsection (a) of section 1016 is amend- identification includes an identification of included in the provisions of the Tax Relief ed by striking paragraph (31) and by redesig- the positions in the straddle which are off- Extension Act of 1999 to which they relate. nating paragraphs (32) through (37) as para- setting with respect other positions in the SEC. 310. AMENDMENT RELATED TO THE INTER- graphs (31) through (36), respectively. straddle.’’. NAL REVENUE SERVICE RESTRUC- (2)(A) Section 45H, as amended by para- (B) Subparagraph (A) of section 1092(a)(2) is TURING AND REFORM ACT OF 1998. graph (1), is amended by adding at the end amended— (a) AMENDMENT RELATED TO SECTION 3509 the following new subsection: (i) by striking ‘‘identified positions’’ in OF THE ACT.—Paragraph (3) of section 6110(i) ‘‘(g) ELECTION TO NOT TAKE CREDIT.—No clause (i) and inserting ‘‘positions’’, is amended by inserting ‘‘and related back- credit shall be determined under subsection (ii) by striking ‘‘identified position’’ in ground file documents’’ after ‘‘Chief Counsel (a) for the taxable year if the taxpayer elects clause (ii) and inserting ‘‘position’’, and advice’’ in the matter preceding subpara- not to have subsection (a) apply to such tax- (iii) by striking ‘‘identified offsetting posi- graph (A). able year.’’. tions’’ in clause (ii) and inserting ‘‘offsetting (b) EFFECTIVE DATE.—The amendment (B) Subsection (m) of section 6501 is positions’’. made by this section shall take effect as if amended by inserting ‘‘45H(g),’’ after (C) Subparagraph (B) of section 1092(a)(3) is included in the provision of the Internal Rev- ‘‘45C(d)(4),’’. amended by striking ‘‘identified offsetting enue Service Restructuring and Reform Act (3)(A) Subsections (b)(1)(A), (c)(2), (e)(1), position’’ and inserting ‘‘offsetting posi- of 1998 to which it relates. and (e)(2) of section 45H (as amended by para- tion’’. SEC. 311. CLERICAL CORRECTIONS. graph (1)) and section 179B(a) are each (3) Paragraph (2) of section 1092(a) is (a) IN GENERAL.— amended by striking ‘‘qualified capital amended by redesignating subparagraph (C) (1) Paragraph (5) of section 21(e) is amend- costs’’ and inserting ‘‘qualified costs’’. as subparagraph (D) and inserting after sub- ed by striking ‘‘section 152(e)(3)(A)’’ in the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16040 CONGRESSIONAL RECORD — SENATE December 19, 2007 flush matter after subparagraph (B) and in- (B) Section 170(o)(3)(A)(i), and section (26) The table of sections for part II of sub- serting ‘‘section 152(e)(4)(A)’’. 2522(e)(2)(A)(i) (as redesignated by section chapter Y of chapter 1 is amended by adding (2) Paragraph (3) of section 25C(c) is 403(d)(2)), are each amended— at the end the following new item: amended by striking ‘‘section 3280’’ and in- (i) by striking ‘‘interest’’ and inserting ‘‘Sec. 1400T. Special rules for mortgage rev- serting ‘‘part 3280’’. ‘‘interests’’, and enue bonds.’’. (3) Paragraph (2) of section 26(b) is amend- (ii) by striking ‘‘before’’ and inserting ‘‘on (27) Subsection (b) of section 4082 is amend- ed by redesignating subparagraphs (S) and or before’’. ed to read as follows: (T) as subparagraphs (U) and (V), respec- (16)(A) Subparagraph (C) of section 852(b)(4) ‘‘(b) NONTAXABLE USE.—For purposes of tively, and by inserting after subparagraph is amended to read as follows: this section, the term ‘nontaxable use’ (R) the following new subparagraphs: ‘‘(C) DETERMINATION OF HOLDING PERIODS.— means— ‘‘(S) sections 106(e)(3)(A)(ii), For purposes of this paragraph, in deter- ‘‘(1) any use which is exempt from the tax 223(b)(8)(B)(i)(II), and 408(d)(9)(D)(i)(II) (relat- mining the period for which the taxpayer has imposed by section 4041(a)(1) other than by ing to certain failures to maintain high de- held any share of stock— reason of a prior imposition of tax, ductible health plan coverage), ‘‘(i) the rules of paragraphs (3) and (4) of ‘‘(2) any use in a train, and ‘‘(3) any use described in section ‘‘(T) section 170(o)(3)(B) (relating to recap- section 246(c) shall apply, and 4041(a)(1)(C)(iii)(II). ture of certain deductions for fractional ‘‘(ii) there shall not be taken into account any day which is more than 6 months after The term ‘nontaxable use’ does not include gifts),’’. the use of kerosene in an aircraft and such the date on which such share becomes ex-div- (4) Subsection (a) of section 34 is amend- term shall not include any use described in idend.’’. ed— section 6421(e)(2)(C).’’. (B) Subparagraph (B) of section 857(b)(8) is (A) in paragraph (1), by striking ‘‘with re- (28) Paragraph (4) of section 4101(a) (relat- spect to gasoline used during the taxable amended to read as follows: ing to registration in event of change of own- year on a farm for farming purposes’’, ‘‘(B) DETERMINATION OF HOLDING PERIODS.— ership) is redesignated as paragraph (5). (B) in paragraph (2), by striking ‘‘with re- For purposes of this paragraph, in deter- (29) Paragraph (6) of section 4965(c) is spect to gasoline used during the taxable mining the period for which the taxpayer has amended by striking ‘‘section 4457(e)(1)(A)’’ year (A) otherwise than as a fuel in a high- held any share of stock or beneficial inter- and inserting ‘‘section 457(e)(1)(A)’’. way vehicle or (B) in vehicles while engaged est— (30) Subpart C of part II of subchapter A of in furnishing certain public passenger land ‘‘(i) the rules of paragraphs (3) and (4) of chapter 51 is amended by redesignating sec- transportation service’’, and section 246(c) shall apply, and tion 5432 (relating to recordkeeping by (C) in paragraph (3), by striking ‘‘with re- ‘‘(ii) there shall not be taken into account wholesale dealers) as section 5121. spect to fuels used for nontaxable purposes any day which is more than 6 months after (31) Paragraph (2) of section 5732(c), as re- or resold during the taxable year’’. the date on which such share or interest be- designated by section 11125(b)(20)(A) of the (5) Paragraph (2) of section 35(d) is amend- comes ex-dividend.’’. SAFETEA–LU, is amended by striking ‘‘this ed— (17) Paragraph (2) of section 856(l) is subpart’’ and inserting ‘‘this subchapter’’. (A) by striking ‘‘paragraph (2) or (4) of’’, amended by striking the last sentence and (32) Subsection (b) of section 6046 is amend- and inserting the following: ‘‘For purposes of ed— (B) by striking ‘‘(within the meaning of subparagraph (B), securities described in sub- (A) by striking ‘‘subsection (a)(1)’’ and in- section 152(e)(1))’’ and inserting ‘‘(as defined section (m)(2)(A) shall not be taken into ac- serting ‘‘subsection (a)(1)(A)’’, and in section 152(e)(4)(A))’’. count.’’. (B) by striking ‘‘paragraph (2) or (3) of sub- (6) Subsection (b) of section 38 is amend- (18) Subparagraph (F) of section 954(c)(1) is section (a)’’ and inserting ‘‘subparagraph (B) ed— amended to read as follows: or (C) of subsection (a)(1)’’. (A) by striking ‘‘and’’ each place it appears ‘‘(F) INCOME FROM NOTIONAL PRINCIPAL CON- (33)(A) Subparagraph (A) of section TRACTS.— at the end of any paragraph, 6103(b)(5) is amended by striking ‘‘the Canal ‘‘(i) IN GENERAL.—Net income from no- (B) by striking ‘‘plus’’ each place it ap- Zone,’’. tional principal contracts. pears at the end of any paragraph, and (B) Section 7651 is amended by striking ‘‘(ii) COORDINATION WITH OTHER CATEGORIES (C) by inserting ‘‘plus’’ at the end of para- paragraph (4) and by redesignating para- OF FOREIGN PERSONAL HOLDING COMPANY IN- graph (30). graph (5) as paragraph (4). COME.—Any item of income, gain, deduction, (7) Paragraphs (2) and (3) of section 45L(c) (34) Subparagraph (A) of section 6211(b)(4) or loss from a notional principal contract en- are each amended by striking ‘‘section 3280’’ is amended by striking ‘‘and 34’’ and insert- tered into for purposes of hedging any item and inserting ‘‘part 3280’’. ing ‘‘34, and 35’’. described in any preceding subparagraph (35) Subparagraphs (A) and (B) of section (8) Subsection (c) of section 48 is amended shall not be taken into account for purposes 6230(a)(3) are each amended by striking ‘‘sec- by striking ‘‘subsection’’ in the text pre- of this subparagraph but shall be taken into tion 6013(e)’’ and inserting ‘‘section 6015’’. ceding paragraph (1) and inserting ‘‘section’’. account under such other subparagraph.’’. (36) Paragraph (3) of section 6427(e) (relat- (9) Paragraphs (1)(B) and (2)(B) of section (19) Paragraph (1) of section 954(c) is ing to termination), as added by section 11113 48(c) are each amended by striking ‘‘para- amended by redesignating subparagraph (I) of the SAFETEA–LU, is redesignated as graph (1)’’ and inserting ‘‘subsection (a)’’. as subparagraph (H). paragraph (5) and moved after paragraph (4). (10) Clause (ii) of section 48A(d)(4)(B) is (20) Paragraph (33) of section 1016(a), as re- (37) Clause (ii) of section 6427(l)(4)(A) is amended by striking ‘‘subsection’’ both designated by section 407(a)(1)(C), is amended amended by striking ‘‘section 4081(a)(2)(iii)’’ places it appears. by striking ‘‘section 25C(e)’’ and inserting and inserting ‘‘section 4081(a)(2)(A)(iii)’’. (11) The last sentence of section 125(b)(2) is ‘‘section 25C(f)’’. (38)(A) Section 6427, as amended by section amended by striking ‘‘last sentence’’ and in- (21) Paragraph (36) of section 1016(a), as re- 1343(b)(1) of the Energy Policy Act of 2005, is serting ‘‘second sentence’’. designated by section 407(a)(1)(C), is amended amended by striking subsection (p) (relating (12) Subclause (II) of section 167(g)(8)(C)(ii) by striking ‘‘section 30C(f)’’ and inserting to gasohol used in noncommercial aviation) is amended by striking ‘‘section 263A(j)(2)’’ ‘‘section 30C(e)(1)’’. and redesignating subsection (q) as sub- and inserting ‘‘section 263A(i)(2)’’. (22) Subparagraph (G) of section 1260(c)(2) section (p). (13)(A) Clause (vii) of section 170(b)(1)(A) is is amended by adding ‘‘and’’ at the end. (B) The Internal Revenue Code of 1986 shall amended by striking ‘‘subparagraph (E)’’ and (23)(A) Section 1297 is amended by striking be applied and administered as if the amend- inserting ‘‘subparagraph (F)’’. subsection (d) and by redesignating sub- ments made by paragraph (2) of section (B) Clause (ii) of section 170(e)(1)(B) is sections (e) and (f) as subsections (d) and (e), 11151(a) of the SAFETEA–LU had never been amended by striking ‘‘subsection (b)(1)(E)’’ respectively. enacted. and inserting ‘‘subsection (b)(1)(F)’’. (B) Subparagraph (G) of section 1260(c)(2) is (39) Subsection (a) of section 6695A is (C) Clause (i) of section 1400S(a)(2)(A) is amended by striking ‘‘subsection (e)’’ and in- amended by striking ‘‘then such person’’ in amended by striking ‘‘subparagraph (F)’’ and serting ‘‘subsection (d)’’. paragraph (2) and inserting the following: inserting ‘‘subparagraph (G)’’. (C) Subparagraph (B) of section 1298(a)(2) is ‘‘then such person’’. (D) Subparagraph (A) of section 4942(i)(1) is amended by striking ‘‘Section 1297(e)’’ and (40) Subparagraph (C) of section 6707A(e)(2) amended by striking ‘‘section inserting ‘‘Section 1297(d)’’. is amended by striking ‘‘section 170(b)(1)(E)(ii)’’ and inserting ‘‘section (24) Paragraph (1) of section 1362(f) is 6662A(e)(2)(C)’’ and inserting ‘‘section 170(b)(1)(F)(ii)’’. amended— 6662A(e)(2)(B)’’. (14) Subclause (II) of section 170(e)(1)(B)(i) (A) by striking ‘‘, section 1361(b)(3)(B)(ii), (41)(A) Paragraph (3) of section 9002 is is amended by inserting ‘‘, but without re- or section 1361(c)(1)(A)(ii)’’ and inserting ‘‘or amended by striking ‘‘section 309(a)(1)’’ and gard to clause (ii) thereof’’ after ‘‘paragraph section 1361(b)(3)(B)(ii)’’, and inserting ‘‘section 306(a)(1)’’. (7)(C)’’. (B) by striking ‘‘, section 1361(b)(3)(C), or (B) Paragraph (1) of section 9004(a) is (15)(A) Subparagraph (A) of section section 1361(c)(1)(D)(iii)’’ in subparagraph (B) amended by striking ‘‘section 320(b)(1)(B)’’ 170(o)(1) and subparagraph (A) of section and inserting ‘‘or section 1361(b)(3)(C)’’. and inserting ‘‘section 315(b)(1)(B)’’. 2522(e)(1) are each amended by striking ‘‘all (25) Paragraph (2) of section 1400O is (C) Paragraph (3) of section 9032 is amended interest in the property is’’ and inserting amended by striking ‘‘under of’’ and insert- by striking ‘‘section 309(a)(1)’’ and inserting ‘‘all interests in the property are’’. ing ‘‘under’’. ‘‘section 306(a)(1)’’.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16041 (D) Subsection (b) of section 9034 is amend- and amounts paid or incurred to energy re- (B) by striking ‘‘a FSC (or a former FSC)’’ ed by striking ‘‘section 320(b)(1)(A)’’ and in- search consortiums,’’. in subclause (II) (as so redesignated) and in- serting ‘‘section 315(b)(1)(A)’’. (3) EFFECTIVE DATE.—The amendments serting ‘‘a former FSC (as defined in section (42) Section 9006 is amended by striking made by this subsection shall take effect as 922)’’, and ‘‘Comptroller General’’ each place it appears if included in the provisions of the Energy (C) by adding at the end the following: and inserting ‘‘Commission’’. Policy Act of 2005 to which they relate. ‘‘Any reference in subclause (II) to section (43) Subsection (c) of section 9503 is amend- (f) CLERICAL AMENDMENTS RELATED TO THE 922, 923, or 927 shall be treated as a reference ed by redesignating paragraph (7) (relating AMERICAN JOBS CREATION ACT OF 2004.— to such section as in effect before its repeal to transfers from the trust fund for certain (1) AMENDMENT RELATED TO SECTION 301 OF by the FSC Repeal and Extraterritorial In- aviation fuels taxes) as paragraph (6). THE ACT.—Section 9502 is amended by strik- come Exclusion Act of 2000.’’. (44) Paragraph (1) of section 1301(g) of the ing subsection (e) and redesignating sub- (11) Subsection (b) of section 906 is amend- Energy Policy Act of 2005 is amended by section (f) as subsection (e). ed by striking paragraph (5) and redesig- striking ‘‘shall take effect of the date of the (2) AMENDMENT RELATED TO SECTION 413 OF nating paragraphs (6) and (7) as paragraphs enactment’’ and inserting ‘‘shall take effect THE ACT.—Subsection (b) of section 1298 is (5) and (6), respectively. on the date of the enactment’’. amended by striking paragraph (7) and by re- (12) Subparagraph (B) of section 936(f)(2) is (45) The Internal Revenue Code of 1986 designating paragraphs (8) and (9) as para- amended by striking ‘‘FSC or’’. shall be applied and administered as if the graphs (7) and (8), respectively. (13) Section 951 is amended by striking sub- amendments made by section 1(a) of Public (3) AMENDMENT RELATED TO SECTION 895 OF section (c) and by redesignating subsection Law 109–433 had never been enacted. THE ACT.—Clause (iv) of section 904(f)(3)(D) is (d) as subsection (c). (b) CLERICAL AMENDMENTS RELATED TO THE amended by striking ‘‘a controlled group’’ (14) Subsection (b) of section 952 is amend- TAX RELIEF AND HEALTH CARE ACT OF 2006.— and inserting ‘‘an affiliated group’’. ed by striking the second sentence. (1) AMENDMENT RELATED TO SECTION 209 OF (4) EFFECTIVE DATE.—The amendments (15)(A) Paragraph (2) of section 956(c) is DIVISION A OF THE ACT.—Paragraph (3) of sec- made by this subsection shall take effect as amended— tion 168(l) is amended by striking ‘‘enzy- if included in the provisions of the American (i) by striking subparagraph (I) and by re- matic’’. Jobs Creation Act of 2004 to which they re- designating subparagraphs (J) through (M) (2) AMENDMENTS RELATED TO SECTION 419 OF late. as subparagraphs (I) through (L), respec- DIVISION A OF THE ACT.— (g) CLERICAL AMENDMENTS RELATED TO THE tively, and (A) Clause (iv) of section 6724(d)(1)(B) is (ii) by striking ‘‘subparagraphs (J), (K), amended by inserting ‘‘or (h)(1)’’ after ‘‘sec- FSC REPEAL AND EXTRATERRITORIAL INCOME EXCLUSION ACT OF 2000.— and (L)’’ in the flush sentence at the end and tion 6050H(a)’’. inserting ‘‘subparagraphs (I), (J), and (K)’’. (B) Subparagraph (K) of section 6724(d)(2) is (1) Subclause (I) of section 56(g)(4)(C)(ii) is amended by striking ‘‘921’’ and inserting ‘‘921 (B) Clause (ii) of section 954(c)(2)(C) is amended by inserting ‘‘or (h)(2)’’ after ‘‘sec- amended by striking ‘‘section 956(c)(2)(J)’’ tion 6050H(d)’’. (as in effect before its repeal by the FSC Re- peal and Extraterritorial Income Exclusion and inserting ‘‘section 956(c)(2)(I)’’. (3) EFFECTIVE DATE.—The amendments Act of 2000)’’. (16) Paragraph (1) of section 992(a) is made by this subsection shall take effect as amended by striking subparagraph (E), by in- if included in the provision of the Tax Relief (2) Clause (iv) of section 54(g)(4)(C) is amended by striking ‘‘a cooperative de- serting ‘‘and’’ at the end of subparagraph (C), and Health Care Act of 2006 to which they re- and by striking ‘‘, and’’ at the end of sub- late. scribed in section 927(a)(4)’’ and inserting ‘‘an organization to which part I of sub- paragraph (D) and inserting a period. (c) CLERICAL AMENDMENTS RELATED TO THE (17) Paragraph (5) of section 1248(d) is GULF OPPORTUNITY ZONE ACT OF 2005.— chapter T (relating to tax treatment of co- amended— (1) AMENDMENTS RELATED TO SECTION 402 OF operatives) applies which is engaged in the (A) by inserting ‘‘(as defined in section THE ACT.—Subparagraph (B) of section marketing of agricultural or horticultural 922)’’ after ‘‘a FSC’’, and 24(d)(1) is amended— products’’. (B) by adding at the end the following new (A) by striking ‘‘the excess (if any) of’’ in (3) Paragraph (4) of section 245(c) is amend- sentence: ‘‘Any reference in this paragraph the matter preceding clause (i) and inserting ed by adding at the end the following new to section 922, 923, or 927 shall be treated as ‘‘the greater of’’, and subparagraph: a reference to such section as in effect before (B) by striking ‘‘section’’ in clause (ii)(II) ‘‘(C) FSC.—The term ‘FSC’ has the mean- its repeal by the FSC Repeal and and inserting ‘‘section 32’’. ing given such term by section 922.’’. Extraterritorial Income Exclusion Act of (2) EFFECTIVE DATE.—The amendments (4) Subsection (c) of section 245 is amended 2000.’’. made by this subsection shall take effect as by inserting at the end the following new (18) Subparagraph (D) of section 1297(b)(2) if included in the provisions of the Gulf Op- paragraph: is amended by striking ‘‘foreign trade in- portunity Zone Act of 2005 to which they re- ‘‘(5) REFERENCES TO PRIOR LAW.—Any ref- come of a FSC or’’. late. erence in this subsection to section 922, 923, (19)(A) Paragraph (1) of section 6011(c) is (d) CLERICAL AMENDMENTS RELATED TO THE or 927 shall be treated as a reference to such amended by striking ‘‘or former DISC or a SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT section as in effect before its repeal by the FSC or former FSC’’ and inserting ‘‘, former TRANSPORTATION EQUITY ACT: A LEGACY FOR FSC Repeal and Extraterritorial Income Ex- DISC, or former FSC (as defined in section USERS.— clusion Act of 2000.’’. 922 as in effect before its repeal by the FSC (1) AMENDMENTS RELATED TO SECTION 11163 (5) Paragraph (4) of section 275(a) is amend- Repeal and Extraterritorial Income Exclu- OF THE ACT.—Subparagraph (C) of section ed by striking ‘‘if’’ and all that follows and 6416(a)(4) is amended— inserting ‘‘if the taxpayer chooses to take to sion Act of 2000)’’. (A) by striking ‘‘ultimate vendor’’ and all any extent the benefits of section 901.’’. (B) Subsection (c) of section 6011 is amend- that follows through ‘‘has certified’’ and in- (6)(A) Subsection (a) of section 291 is ed by striking ‘‘AND FSC’S’’ in the heading serting ‘‘ultimate vendor or credit card amended by striking paragraph (4) and by re- thereof. issuer has certified’’, and designating paragraph (5) as paragraph (4). (20) Subsection (c) of section 6072 is amend- (B) by striking ‘‘all ultimate purchasers of (B) Paragraph (1) of section 291(c) is ed by striking ‘‘a FSC or former FSC’’ and the vendor’’ and all that follows through amended by striking ‘‘subsection (a)(5)’’ and inserting ‘‘a former FSC (as defined in sec- ‘‘are certified’’ and inserting ‘‘all ultimate inserting ‘‘subsection (a)(4)’’. tion 922 as in effect before its repeal by the purchasers of the vendor or credit card issuer (7)(A) Paragraph (4) of section 441(b) is FSC Repeal and Extraterritorial Income Ex- are certified’’. amended by striking ‘‘FSC or’’. clusion Act of 2000)’’. (21) Section 6686 is amended by inserting (2) EFFECTIVE DATE.—The amendments (B) Subsection (h) of section 441 is amend- made by this subsection shall take effect as ed— ‘‘FORMER’’ before ‘‘FSC’’ in the heading if included in the provisions of the Safe, Ac- (i) by striking ‘‘FSC or’’ each place it ap- thereof. countable, Flexible, Efficient Transportation pears, and TITLE IV—PARITY IN APPLICATION OF Equity Act: A Legacy for Users to which (ii) by striking ‘‘FSC’S AND’’ in the heading CERTAIN LIMITS TO MENTAL HEALTH they relate. thereof. BENEFITS (e) CLERICAL AMENDMENTS RELATED TO THE (8) Subparagraph (B) of section 884(d)(2) is SEC. 401. PARITY IN APPLICATION OF CERTAIN ENERGY POLICY ACT OF 2005.— amended by inserting before the comma ‘‘(as LIMITS TO MENTAL HEALTH BENE- (1) AMENDMENT RELATED TO SECTION 1344 OF in effect before their repeal by the FSC Re- FITS. THE ACT.—Subparagraph (B) of section peal and Extraterritorial Income Exclusion (a) AMENDMENT TO THE INTERNAL REVENUE 6427(e)(5), as redesignated by subsection Act of 2000)’’. CODE OF 1986.—Section 9812(f)(3) of the Inter- (a)(36), is amended by striking ‘‘2006’’ and in- (9) Section 901 is amended by striking sub- nal Revenue Code of 1986 is amended by serting ‘‘2008’’. section (h). striking ‘‘2007’’ and inserting ‘‘2008’’. (2) AMENDMENTS RELATED TO SECTION 1351 OF (10) Clause (v) of section 904(d)(2)(B) is (b) AMENDMENT TO THE EMPLOYEE RETIRE- THE ACT.—Subparagraphs (A)(ii) and (B)(ii) of amended— MENT INCOME SECURITY ACT OF 1974.—Section section 41(f)(1) are each amended by striking (A) by inserting ‘‘and’’ at the end of sub- 712(f) of the Employee Retirement Income ‘‘qualified research expenses and basic re- clause (I), by striking subclause (II), and by Security Act of 1974 (29 U.S.C. 1185a(f)) is search payments’’ and inserting ‘‘qualified redesignating subclause (III) as subclause amended by striking ‘‘2007’’ and inserting research expenses, basic research payments, (II), ‘‘2008’’.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16042 CONGRESSIONAL RECORD — SENATE December 19, 2007

(c) AMENDMENT TO THE PUBLIC HEALTH (C) Section 303(c)(5)(B)(iv)(II) of ERISA is such benefit shall be treated as having ac- SERVICE ACT.—Section 2705(f) of the Public amended by inserting ‘‘for such year’’ after crued during the current plan year.’’. Health Service Act (42 U.S.C. 300gg-5(f)) is ‘‘beginning in 2007)’’. (B) Section 430(c)(5)(B)(iii) of the 1986 Code amended by striking ‘‘2007’’ and inserting (D) Section 303(f)(4)(A) of ERISA is amend- is amended by inserting ‘‘beginning’’ before ‘‘2008’’. ed by striking ‘‘paragraph (2)’’ and inserting ‘‘after 2008’’. (d) EFFECTIVE DATE.—The amendments ‘‘paragraph (3)’’. (C) Section 430(c)(5)(B)(iv)(II) of the 1986 made by this section shall apply to benefits (E) Section 303(h)(2)(F) of ERISA is amend- Code is amended by inserting ‘‘for such for services furnished after December 31, ed— year’’ after ‘‘beginning in 2007)’’. 2007. (i) by striking ‘‘section 205(g)(3)(B)(iii)(I)) (D) Section 430(f) of the 1986 Code is amend- for such month’’ and inserting ‘‘section ed— SA 3891. Mr. REID (for Mr. KENNEDY 205(g)(3)(B)(iii)(I) for such month)’’, and (i) by striking ‘‘as of the first day of the (for himself, Mr. BAUCUS, Mr. GRASS- (ii) by striking ‘‘subparagraph (B)’’ and in- plan year’’ the second place it appears in the LEY, and Mr. ENZI)) proposed an amend- serting ‘‘subparagraph (C)’’. first sentence of paragraph (3)(A), ment to the bill S. 1974, to make tech- (F) Section 303(i) of ERISA is amended— (ii) by striking ‘‘paragraph (2)’’ in para- nical corrections related to the Pen- (i) in paragraph (2)— graph (4)(A) and inserting ‘‘paragraph (3)’’, sion Protection Act of 2006; as follows: (I) by striking subparagraph (A) and insert- (iii) by striking ‘‘paragraph (1), (2), or (4) of ing the following new subparagraph: section 206(g)’’ in paragraph (6)(B)(iii) and in- Strike all after the enacting clause and in- ‘‘(A) the excess of— serting ‘‘subsection (b), (c), or (e) of section sert the following: ‘‘(i) the sum of— 436’’, SECTION 1. SHORT TITLE; REFERENCES TO ACTS. ‘‘(I) the present value of all benefits which (iv) by striking ‘‘the sum of’’ in paragraph (a) IN GENERAL.—This Act may be cited as are expected to accrue or to be earned under (6)(C), and the ‘‘Pension Protection Technical Correc- the plan during the plan year, determined (v) by striking ‘‘of the Treasury’’ in para- tions Act of 2007’’. using the additional actuarial assumptions graph (8). (b) REFERENCES TO ACTS.—For purposes of (E) Section 430(h)(2) of the 1986 Code is this Act— described in paragraph (1)(B), plus ‘‘(II) the amount of plan-related expenses amended— (1) AMENDMENT OF 1986 CODE.—The term expected to be paid from plan assets during (i) by inserting ‘‘and target normal cost’’ ‘‘1986 Code’’ means the Internal Revenue after ‘‘funding target’’ in subparagraph (B), Code of 1986. the plan year, over ‘‘(ii) the amount of mandatory employee (ii) by striking ‘‘liabilities’’ and inserting (2) AMENDMENT OF ERISA.—The term contributions expected to be made during ‘‘benefits’’ in subparagraph (B), ‘‘ERISA’’ means the Employee Retirement (iii) by striking ‘‘section 417(e)(3)(D)(i)) for Income Security Act of 1974. the plan year, plus’’, and (II) in subparagraph (B), by striking ‘‘the such month’’ in subparagraph (F) and insert- (3) 2006 ACT.—The term ‘‘2006 Act’’ means ing ‘‘section 417(e)(3)(D)(i) for such month)’’, the Pension Protection Act of 2006. target normal cost (determined without re- gard to this paragraph) of the plan for the and SEC. 2. AMENDMENTS RELATED TO TITLE I. plan year’’ and inserting ‘‘the amount deter- (iv) by striking ‘‘subparagraph (B)’’ in sub- (a) AMENDMENTS RELATED TO SECTIONS 101 mined under subsection (b)(1)(A)(i) with re- paragraph (F) and inserting ‘‘subparagraph AND 111.— (C)’’. spect to the plan for the plan year’’, and (1) AMENDMENTS TO ERISA.— (F) Section 430(i) of the 1986 Code is amend- (ii) by striking ‘‘subparagraph (A)(ii)’’ in (A) Clause (i) of section 302(c)(1)(A) of ed— the last sentence of paragraph (4)(B) and in- ERISA is amended by striking ‘‘the plan is’’ (i) in paragraph (2)— serting ‘‘subparagraph (A)’’. and inserting ‘‘the plan are’’. (I) by striking subparagraph (A) and insert- (G) Section 303(j)(3) of ERISA— (B) Section 302(c)(7) of ERISA is amended ing the following new subparagraph: (i) is amended by adding at the end of sub- by inserting ‘‘which reduces the accrued ben- ‘‘(A) the excess of— paragraph (A) the following new sentence: efit of any participant’’ after ‘‘subsection ‘‘(i) the sum of— ‘‘In the case of plan years beginning in 2008, (d)(2)’’ in subparagraph (A). ‘‘(I) the present value of all benefits which the funding shortfall for the preceding plan (C) Section 302(d)(1) of ERISA is amended are expected to accrue or to be earned under year may be determined using such methods by striking ‘‘, the valuation date,’’. the plan during the plan year, determined of estimation as the Secretary of the Treas- (2) AMENDMENTS TO 1986 CODE.— using the additional actuarial assumptions ury may provide.’’, (A) Clause (i) of section 412(c)(1)(A) of the described in paragraph (1)(B), plus (ii) by adding at the end of subparagraph 1986 Code is amended by striking ‘‘the plan ‘‘(II) the amount of plan-related expenses (E) the following new clause: is’’ and inserting ‘‘the plan are’’. expected to be paid from plan assets during ‘‘(iii) PLAN WITH ALTERNATE VALUATION (B) Section 412(c)(7) of the 1986 Code is the plan year, over DATE.—The Secretary of the Treasury shall amended by inserting ‘‘which reduces the ac- ‘‘(ii) the amount of mandatory employee prescribe regulations for the application of crued benefit of any participant’’ after ‘‘sub- contributions expected to be made during this paragraph in the case of a plan which section (d)(2)’’ in subparagraph (A). the plan year, plus’’, and has a valuation date other than the first day (C) Section 412(d)(1) of the 1986 Code is (II) in subparagraph (B), by striking ‘‘the of the plan year.’’, and amended by striking ‘‘, the valuation date,’’. target normal cost (determined without re- (b) AMENDMENTS RELATED TO SECTIONS 102 (iii) by striking ‘‘AND SHORT YEARS’’ in the gard to this paragraph) of the plan for the AND 112.— heading of subparagraph (E) and inserting ‘‘, plan year’’ and inserting ‘‘the amount deter- (1) AMENDMENTS TO ERISA.— SHORT YEARS, AND YEARS WITH ALTERNATE mined under subsection (b)(1)(A)(i) with re- (A) Section 303(b) of ERISA is amended to VALUATION DATE’’. spect to the plan for the plan year’’, and read as follows: (H) Section 303(k)(6)(B) of ERISA is amend- (ii) by striking ‘‘subparagraph (A)(ii)’’ in ‘‘(b) TARGET NORMAL COST.—For purposes ed by striking ‘‘, except’’ and all that follows the last sentence of paragraph (4)(B) and in- of this section— and inserting a period. serting ‘‘subparagraph (A)’’. ‘‘(1) IN GENERAL.—Except as provided in (2) AMENDMENTS TO 1986 CODE.— (G) Section 430(j)(3) of the 1986 Code is subsection (i)(2) with respect to plans in at- (A) Section 430(b) of the 1986 Code is amended— risk status, the term ‘target normal cost’ amended to read as follows: (i) by adding at the end of subparagraph means, for any plan year, the excess of— ‘‘(b) TARGET NORMAL COST.—For purposes (A) the following new sentence: ‘‘In the case ‘‘(A) the sum of— of this section— of plan years beginning in 2008, the funding ‘‘(i) the present value of all benefits which ‘‘(1) IN GENERAL.—Except as provided in shortfall for the preceding plan year may be are expected to accrue or to be earned under subsection (i)(2) with respect to plans in at- determined using such methods of esti- the plan during the plan year, plus risk status, the term ‘target normal cost’ mation as the Secretary may provide.’’, ‘‘(ii) the amount of plan-related expenses means, for any plan year, the excess of— (ii) by striking ‘‘section 302(c)’’ in subpara- expected to be paid from plan assets during ‘‘(A) the sum of— graph (D)(ii)(II) and inserting ‘‘section the plan year, over ‘‘(i) the present value of all benefits which 412(c)’’, ‘‘(B) the amount of mandatory employee are expected to accrue or to be earned under (iii) by adding at the end of subparagraph contributions expected to be made during the plan during the plan year, plus (E) the following new clause: the plan year. ‘‘(ii) the amount of plan-related expenses ‘‘(iii) PLAN WITH ALTERNATE VALUATION ‘‘(2) SPECIAL RULE FOR INCREASE IN COM- expected to be paid from plan assets during DATE.—The Secretary shall prescribe regula- PENSATION.—For purposes of this subsection, the plan year, over tions for the application of this paragraph in if any benefit attributable to services per- ‘‘(B) the amount of mandatory employee the case of a plan which has a valuation date formed in a preceding plan year is increased contributions expected to be made during other than the first day of the plan year.’’, by reason of any increase in compensation the plan year. and during the current plan year, the increase in ‘‘(2) SPECIAL RULE FOR INCREASE IN COM- (iv) by striking ‘‘AND SHORT YEARS’’ in the such benefit shall be treated as having ac- PENSATION.—For purposes of this subsection, heading of subparagraph (E) and inserting ‘‘, crued during the current plan year.’’. if any benefit attributable to services per- SHORT YEARS, AND YEARS WITH ALTERNATE (B) Section 303(c)(5)(B)(iii) of ERISA is formed in a preceding plan year is increased VALUATION DATE’’. amended by inserting ‘‘beginning’’ before by reason of any increase in compensation (H) Section 430(k) of the 1986 Code is ‘‘after 2008’’. during the current plan year, the increase in amended—

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16043 (i) by inserting ‘‘(as provided under para- (ii) by striking ‘‘prefunding balance under (ii) by striking ‘‘section 412(e)(2)’’ in sub- graph (2))’’ after ‘‘applies’’ in paragraph (1), section 430(f) or funding standard carryover section (d)(6)(A) and inserting ‘‘section and balance’’ in paragraph (2) and inserting 412(d)(2)’’. (ii) by striking ‘‘, except’’ and all that fol- ‘‘prefunding balance or funding standard car- (E) Section 414(l)(2)(B)(i)(I) of the 1986 Code lows in paragraph (6)(B) and inserting a pe- ryover balance under section 430(f)’’. is amended to read as follows: riod. (E) Section 436(j)(3) of the 1986 Code is ‘‘(I) the sum of the funding target and tar- (c) AMENDMENTS RELATED TO SECTIONS 103 amended— get normal cost determined under section AND 113.— (i) in subparagraph (A)— 430, over’’. (1) AMENDMENTS TO ERISA.— (I) by striking ‘‘without regard to this (F) Section 4971 of the 1986 Code is amend- (A) Section 101(j) of ERISA is amended— paragraph and’’, ed— (i) in paragraph (2), by striking ‘‘section (II) by striking ‘‘section 430(f)(4)(A)’’ and (i) by striking ‘‘required minimum’’ in sub- 206(g)(4)(B)’’ and inserting ‘‘section inserting ‘‘section 430(f)(4)’’, and section (b)(1) and inserting ‘‘minimum re- 206(g)(4)(A)’’; and (III) by striking ‘‘paragraph (1)’’ and in- quired’’, (ii) by adding at the end the following: serting ‘‘paragraphs (1) and (2)’’, and (ii) by inserting ‘‘or unpaid minimum re- ‘‘The Secretary of the Treasury, in consulta- (ii) in subparagraph (C)— quired contribution, whichever is applica- tion with the Secretary, shall have the au- (I) by striking ‘‘without regard to this ble’’ after ‘‘accumulated funding deficiency’’ thority to prescribe rules applicable to the paragraph’’ and inserting ‘‘without regard to each place it appears in subsections (c)(3) notices required under this subsection.’’. the reduction in the value of assets under and (d)(1), and (B) Section 206(g)(1)(B)(ii) of ERISA is section 430(f)(4)’’, and (iii) by striking ‘‘section 412(a)(1)(A)’’ in amended by striking ‘‘a funding’’ and insert- (II) by inserting ‘‘beginning’’ before subsection (e)(1) and inserting ‘‘section ing ‘‘an adjusted funding’’. ‘‘after’’ each place it appears. 412(a)(2)’’. (C) The heading for section 206(g)(1)(C) of (F) Section 436 of the 1986 Code is amended (3) AMENDMENT TO 2006 ACT.—Section 114 of ERISA is amended by inserting ‘‘BENEFIT’’ by redesignating subsection (k) as subsection the 2006 Act is amended by adding at the end after ‘‘EVENT’’. (m) and by inserting after subsection (j) the the following new subsection: (D) Section 206(g)(3)(E) of ERISA is amend- following new subsections: ‘‘(g) EFFECTIVE DATES.— ‘‘(1) IN GENERAL.—The amendments made ed by adding at the end the following new ‘‘(k) SECRETARIAL AUTHORITY FOR PLANS by this section shall apply to plan years be- flush sentence: WITH ALTERNATE VALUATION DATE.—In the ginning after 2007. ‘‘Such term shall not include the payment of case of a plan which has designated a valu- ‘‘(2) EXCISE TAX.—The amendments made a benefit which under section 203(e) may be ation date other than the first day of the by subsection (e) shall apply to taxable years immediately distributed without the consent plan year, the Secretary may prescribe rules beginning after 2007, but only with respect to of the participant.’’. for the application of this section which are plan years described in paragraph (1) which (E) Section 206(g)(5)(A)(iv) of ERISA is necessary to reflect the alternate valuation end with or within any such taxable year.’’. amended by inserting ‘‘adjusted’’ before date. (e) AMENDMENT RELATED TO SECTION 116.— ‘‘funding’’. ‘‘(l) SINGLE-EMPLOYER PLAN.—For purposes Section 409A(b)(3)(A)(ii) of the 1986 Code is (F) Section 206(g)(9)(C) of ERISA is amend- of this section, the term ‘single-employer amended by inserting ‘‘to an applicable cov- ed— plan’ means a plan which is not a multiem- ered employee’’ after ‘‘under the plan’’. (i) by striking ‘‘without regard to this sub- ployer plan.’’. SEC. 3. AMENDMENTS RELATED TO TITLE II. paragraph and’’ in clause (i), and (3) AMENDMENTS TO 2006 ACT.—Sections (a) AMENDMENT RELATED TO SECTIONS 201 (ii) in clause (iii)— 103(c)(2)(A)(ii) and 113(b)(2)(A)(ii) of the 2006 AND 211.—Section 201(b)(2)(A) of the 2006 Act (I) by striking ‘‘without regard to this sub- Act are each amended— is amended by striking ‘‘has not used’’ and paragraph’’ and inserting ‘‘without regard to (A) by striking ‘‘subsection’’ and inserting inserting ‘‘has not adopted, or ceased the reduction in the value of assets under ‘‘section’’, and using,’’. section 303(f)(4)’’, and (B) by striking ‘‘subparagraph’’ and insert- (b) AMENDMENTS RELATED TO SECTIONS 202 (II) by inserting ‘‘beginning’’ before ing ‘‘paragraph’’. AND 212.— ‘‘after’’ each place it appears. (d) AMENDMENTS RELATED TO SECTIONS 107 (1) AMENDMENTS TO ERISA.— (G) Section 206(g) of ERISA is amended by AND 114.— (A) Section 305(b)(3)(C) of ERISA is amend- redesignating paragraph (10) as paragraph (1) AMENDMENTS TO ERISA.— ed by striking ‘‘section 101(b)(4)’’ and insert- (11) and by inserting after paragraph (9) the (A) Section 103(d) of ERISA is amended— ing ‘‘section 101(b)(1)’’. following new paragraph: (i) in paragraph (3), by striking ‘‘the nor- (B) Section 305(b)(3)(D) of ERISA is amend- ‘‘(10) SECRETARIAL AUTHORITY FOR PLANS mal costs, the accrued liabilities’’ and in- ed by striking ‘‘The Secretary’’ in clause (iii) WITH ALTERNATE VALUATION DATE.—In the serting ‘‘the normal costs or target normal and inserting ‘‘The Secretary of the Treas- case of a plan which has designated a valu- costs, the accrued liabilities or funding tar- ury, in consultation with the Secretary’’. ation date other than the first day of the get’’, and (C) Section 305(c)(7) of ERISA is amended— plan year, the Secretary of the Treasury (ii) by striking paragraph (7) and inserting (i) by striking ‘‘to agree on’’ and all that may prescribe rules for the application of the following new paragraph: follows in subparagraph (A)(ii) and inserting this subsection which are necessary to re- ‘‘(7) A certification of the contribution ‘‘to adopt a contribution schedule with flect the alternate valuation date.’’. necessary to reduce the minimum required terms consistent with the funding improve- (H) Section 502(c)(4) of ERISA is amended contribution determined under section 303, ment plan and a schedule from the plan by striking ‘‘by any person’’ and all that fol- or the accumulated funding deficiency deter- sponsor,’’, and lows through the period and inserting ‘‘by mined under section 304, to zero.’’. (ii) by striking subparagraph (B) and in- any person of subsection (j), (k), or (l) of sec- (B) Section 4071 of ERISA is amended by serting the following new subparagraph: tion 101 or section 514(e)(3).’’. striking ‘‘as section 303(k)(4) or 307(e)’’ and ‘‘(B) DATE OF IMPLEMENTATION.—The date (2) AMENDMENTS TO 1986 CODE.— inserting ‘‘or section 303(k)(4),’’. specified in this subparagraph is the date (A) Section 436(b)(2) of the 1986 Code is (2) AMENDMENTS TO 1986 CODE.— which is 180 days after the date on which the amended— (A) Section 401(a)(29) of the 1986 Code is collective bargaining agreement described in (i) by striking ‘‘section 303’’ and inserting amended by striking ‘‘ON PLANS IN AT-RISK subparagraph (A) expires.’’, and ‘‘section 430’’ in the matter preceding sub- STATUS’’ in the heading. (iii) by adding at the end the following new paragraph (A), and (B) Section 401(a)(32)(C) of the 1986 Code is subparagraph: (ii) by striking ‘‘a funding’’ and inserting amended— ‘‘(C) FAILURE TO MAKE SCHEDULED CON- ‘‘an adjusted funding’’ in subparagraph (B). (i) by striking ‘‘section 430(j)’’ and insert- TRIBUTIONS.—Any failure to make a con- (B) Section 436(b)(3) of the 1986 Code is ing ‘‘section 430(j)(3)’’, and tribution under a schedule of contribution amended— (ii) by striking ‘‘paragraph (5)(A)’’ and in- rates provided under this paragraph shall be (i) by inserting ‘‘BENEFIT’’ after ‘‘EVENT’’ in serting ‘‘section 430(j)(4)(A)’’. treated as a delinquent contribution under the heading, and (C) Section 401(a)(33) of the 1986 Code is section 515 and shall be enforceable as (ii) by striking ‘‘any event’’ in subpara- amended— such.’’. graph (B) and inserting ‘‘an event’’. (i) by striking ‘‘section 412(c)(2)’’ in sub- (D) Section 305(e) of ERISA is amended— (C) Section 436(d)(5) of the 1986 Code is paragraph (B)(iii) and inserting ‘‘section (i) in paragraph (3)(C)— amended by adding at the end the following 412(d)(2)’’, and (I) by striking all that follows ‘‘to adopt a’’ new flush sentence: (ii) by striking ‘‘section 412(b)(2) (without in clause (i)(II) and inserting ‘‘to adopt a ‘‘Such term shall not include the payment of regard to subparagraph (B) thereof)’’ in sub- contribution schedule with terms consistent a benefit which under section 411(a)(11) may paragraph (D) and inserting ‘‘section with the rehabilitation plan and a schedule be immediately distributed without the con- 412(b)(1), without regard to section 412(b)(2)’’. from the plan sponsor under paragraph sent of the participant.’’. (D) Section 411 of the 1986 Code is amend- (1)(B)(i),’’, (D) Section 436(f) of the 1986 Code is amend- ed— (II) by striking clause (ii) and inserting the ed— (i) by striking ‘‘section 412(c)(2)’’ in sub- following new clause: (i) by inserting ‘‘adjusted’’ before ‘‘fund- section (a)(3)(C) and inserting ‘‘section ‘‘(ii) DATE OF IMPLEMENTATION.—The date ing’’ in paragraph (1)(D), and 412(d)(2)’’, and specified in this clause is the date which is

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16044 CONGRESSIONAL RECORD — SENATE December 19, 2007 180 days after the date on which the collec- 180 days after the date on which the collec- of 1974’’ and inserting ‘‘section 432(b)(3) of tive bargaining agreement described in tive bargaining agreement described in the Internal Revenue Code of 1986’’. clause (i) expires.’’, and clause (i) expires.’’, SEC. 4. AMENDMENTS RELATED TO TITLE III. (III) by adding at the end the following new (ii) in paragraph (4)— (a) AMENDMENT RELATED TO SECTION 301.— clause: (I) by striking ‘‘the date of’’ in subpara- Clause (ii) of section 101(c)(2)(A) of the Pen- ‘‘(iii) FAILURE TO MAKE SCHEDULED CON- graph (A)(ii), and sion Funding Equity Act of 2004, as amended TRIBUTIONS.—Any failure to make a con- (II) by striking ‘‘and taking’’ in subpara- by section 301(c) of the 2006 Act, is amended tribution under a schedule of contribution graph (B) and inserting ‘‘but taking’’, by striking ‘‘2008’’ and inserting ‘‘2009’’. rates provided under this subsection shall be (iii) in paragraph (6)— (b) AMENDMENTS RELATED TO SECTION 302.— treated as a delinquent contribution under (I) by striking ‘‘paragraph (1)(B)(i)’’ and in- (1) AMENDMENT TO ERISA.—Section section 515 and shall be enforceable as serting ‘‘the last sentence of paragraph (1)’’, 205(g)(3)(B)(iii)(II) of ERISA is amended by such.’’, and striking ‘‘section 205(g)(3)(B)(iii)(II)’’ and in- (ii) in paragraph (4)— (II) by striking ‘‘established’’ and inserting serting ‘‘section 205(g)(3)(A)(ii)(II)’’. (I) by striking ‘‘the date of’’ in subpara- ‘‘establish’’, (2) AMENDMENTS TO 1986 CODE.— graph (A)(ii), and (iv) in paragraph (8)— (A) Section 417(e)(3)(D)(i) of the 1986 Code (II) by striking ‘‘and taking’’ in subpara- (I) by striking ‘‘section 204(g)’’ in subpara- is amended by striking ‘‘clause (ii)’’ and in- graph (B) and inserting ‘‘but taking’’, graph (A)(i) and inserting ‘‘section 411(d)(6)’’, serting ‘‘subparagraph (C)’’. (iii) in paragraph (6)— (II) by inserting ‘‘of the Employee Retire- (B) Section 415(b)(2)(E)(v) of the 1986 Code (I) by striking ‘‘paragraph (1)(B)(i)’’ and in- ment Income Security Act of 1974’’ after is amended to read as follows: serting ‘‘the last sentence of paragraph (1)’’, ‘‘4212(a)’’ in subparagraph (C)(i)(II), ‘‘(v) For purposes of adjusting any benefit and (III) by striking ‘‘the Secretary of Labor’’ or limitation under subparagraph (B), (C), or (II) by striking ‘‘established’’ and inserting in subparagraph (C)(iii)(I) and inserting ‘‘the (D), the mortality table used shall be the ap- ‘‘establish’’, Secretary, in consultation with the Sec- plicable mortality table (within the meaning (iv) in paragraph (8)(C)(iii)— retary of Labor’’, and of section 417(e)(3)(B)).’’. (I) by striking ‘‘the Secretary’’ in sub- (IV) by striking ‘‘the Secretary of Labor’’ SEC. 5. AMENDMENTS RELATED TO TITLE IV. clause (I) and inserting ‘‘the Secretary of the Treasury, in consultation with the Sec- in the last sentence of subparagraph (C)(iii) (a) AMENDMENT RELATED TO SECTION 401.— retary’’, and and inserting ‘‘the Secretary’’, and Section 4006(a)(3)(A)(i) of ERISA is amended (II) by striking ‘‘Secretary’’ in the last (v) by striking ‘‘an employer’s withdrawal by striking ‘‘1990’’ and inserting ‘‘2005’’. sentence and inserting ‘‘Secretary of the liability’’ in paragraph (9)(B) and inserting (b) AMENDMENT RELATED TO SECTION 402.— Treasury’’, and ‘‘the allocation of unfunded vested benefits Section 402(c)(1)(A) of the 2006 Act is amend- (v) by striking ‘‘an employer’s withdrawal to an employer’’. ed by striking ‘‘commercial airline’’ and in- liability’’ in paragraph (9)(B) and inserting (E) Section 432(f)(2)(A)(i) of the 1986 Code is serting ‘‘commercial’’. ‘‘the allocation of unfunded vested benefits amended by striking ‘‘section 411(b)(1)(A)’’ (c) AMENDMENT RELATED TO SECTION 408.— to an employer’’. and inserting ‘‘section 411(a)(9)’’. Section 4044(e) of ERISA, as added by section (E) Section 305(g) of ERISA is amended by (F) Section 432(g) of the 1986 Code is 408(b)(2) of the 2006 Act, is redesignated as inserting ‘‘under subsection (c)’’ after ‘‘fund- amended by inserting ‘‘under subsection (c)’’ subsection (f). ing improvement plan’’ the first place it ap- after ‘‘funding improvement plan’’ the first (d) AMENDMENTS RELATED TO SECTION 409.— pears. place it appears. Section 4041(b)(5)(A) of ERISA is amended by (F) Section 302(b)(3) of ERISA is amended (G) Section 432(i) of the 1986 Code is amend- striking ‘‘subparagraph (B)’’ and inserting by striking ‘‘the plan adopts’’ and inserting ed— ‘‘subparagraphs (B) and (D)’’. ‘‘the plan sponsor adopts’’. (i) by striking ‘‘section 412(a)’’ in para- (e) AMENDMENTS RELATED TO SECTION 410.— (G) Section 502(c)(2) of ERISA is amended graph (3) and inserting ‘‘section 431(a)’’, and Section 4050(d)(4)(A) of ERISA is amended— by striking ‘‘101(b)(4)’’ and inserting (ii) by striking paragraph (9) and inserting (1) by striking ‘‘and’’ at the end of clause ‘‘101(b)(1)’’. the following new paragraph: (i), and (H) Section 502(c)(8)(A) of ERISA is amend- ‘‘(9) PLAN SPONSOR.—For purposes of this (2) by striking clause (ii) and inserting the ed by inserting ‘‘plan’’ after ‘‘multiem- section, section 431, and section 4971(g)— following new clauses: ployer’’. ‘‘(A) IN GENERAL.—The term ‘plan sponsor’ ‘‘(ii) which is not a plan described in para- (2) AMENDMENTS TO 1986 CODE.— means, with respect to any multiemployer graph (2), (3), (4), (6), (7), (8), (9), (10), or (11) (A) Section 432(b)(3)(C) of the 1986 Code is plan, the association, committee, joint board of section 4021(b), and amended by striking ‘‘section 101(b)(4)’’ and of trustees, or other similar group of rep- ‘‘(iii) which, was a plan described in sec- inserting ‘‘section 101(b)(1)’’. resentatives of the parties who establish or tion 401(a) of the Internal Revenue Code of (B) Section 432(b)(3)(D)(iii) of the 1986 Code maintain the plan. 1986 which includes a trust exempt from tax is amended by striking ‘‘The Secretary of ‘‘(B) SPECIAL RULE FOR SECTION 404(c) under section 501(a) of such Code, and’’. Labor’’ and inserting ‘‘The Secretary, in con- PLANS.—In the case of a plan described in SEC. 6. AMENDMENTS RELATED TO TITLE V. sultation with the Secretary of Labor’’. section 404(c) (or a continuation of such (a) AMENDMENT RELATED TO SECTION 501.— (C) Section 432(c) of the 1986 Code is plan), such term means the bargaining par- Section 101(f)(2)(B)(ii) of ERISA is amended— amended— ties described in paragraph (1).’’. (1) by striking ‘‘for which the latest annual (i) in paragraph (3), by striking ‘‘section (H) Section 412(b)(3) of the 1986 Code is report filed under section 104(a) was filed’’ in 304(d)’’ in subparagraph (A)(ii) and inserting amended by striking ‘‘the plan adopts’’ and subclause (I)(aa) and inserting ‘‘to which the ‘‘section 431(d)’’, and inserting ‘‘the plan sponsor adopts’’. notice relates’’, and (ii) in paragraph (7)— (I) Section 4971(g)(4) of the 1986 Code is (2) by striking subclause (II) and inserting (I) by striking ‘‘to agree on’’ and all that amended— the following new subclause: follows in subparagraph (A)(ii) and inserting (i) in subparagraph (B)(ii), by striking ‘‘(II) in the case of a multiemployer plan, a ‘‘to adopt a contribution schedule with ‘‘first day of’’ and inserting ‘‘day following statement, for the plan year to which the no- terms consistent with the funding improve- the close of’’, and tice relates and the preceding 2 plan years, of ment plan and a schedule from the plan (ii) by striking clause (ii) of subparagraph the value of the plan assets (determined both sponsor,’’, and (C) and inserting the following new clause: in the same manner as under section 304 and (II) by striking subparagraph (B) and in- ‘‘(ii) PLAN SPONSOR.—For purposes of under the rules of subclause (I)(bb)) and the serting the following new subparagraph: clause (i), the term ‘plan sponsor’ has the value of the plan liabilities (determined in ‘‘(B) DATE OF IMPLEMENTATION.—The date meaning given such term by section the same manner as under section 304 except specified in this subparagraph is the date 432(i)(9).’’. that the method specified in section 305(i)(8) which is 180 days after the date on which the (3) AMENDMENTS TO 2006 ACT.— shall be used),’’. collective bargaining agreement described in (A) Section 212(b)(2) of the 2006 Act is (b) AMENDMENTS RELATED TO SECTION 502.— subparagraph (A) expires.’’. amended by striking ‘‘Section 4971(c)(2) of (1) Section 101(k)(2) of ERISA is amended (D) Section 432(e) of the 1986 Code is such Code’’ and inserting ‘‘Section 4971(e)(2) by filing at the end the following new flush amended— of such Code’’. sentence: (i) in paragraph (3)(C)— (B) Section 212(e)(1) of the 2006 Act is ‘‘Subparagraph (C)(i) shall not apply to indi- (I) by striking all that follows ‘‘to adopt a’’ amended by inserting ‘‘, except that the vidually identifiable information with re- in clause (i)(II) and inserting ‘‘to adopt a amendments made by subsection (b) shall spect to any plan investment manager or ad- contribution schedule with terms consistent apply to taxable years beginning after 2007, viser, or with respect to any other person with the rehabilitation plan and a schedule but only with respect to plan years begin- (other than an employee of the plan) pre- from the plan sponsor under paragraph ning after 2007 which end with or within any paring a financial report required to be in- (1)(B)(i),’’, and such taxable year’’ before the period at the cluded under paragraph (1)(B).’’. (II) by striking clause (ii) and inserting the end. (2) Section 4221 of ERISA is amended by following new clause: (C) Section 212(e)(2) of the 2006 Act is striking subsection (e) and by redesignating ‘‘(ii) DATE OF IMPLEMENTATION.—The date amended by striking ‘‘section 305(b)(3) of the subsections (f) and (g) as subsections (e) and specified in this clause is the date which is Employee Retirement Income Security Act (f), respectively.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16045

(c) AMENDMENTS RELATED TO SECTION 503.— amended by striking ‘‘and that permits’’ and (C) Subclause (II) of section 204(b)(5)(B)(i) (1) AMENDMENTS TO ERISA.— inserting ‘‘that permits’’. of ERISA is amended to read as follows: (A) Section 104(b)(3) of ERISA is amended (B) Section 4975(f)(8) of the 1986 Code is ‘‘(II) PRESERVATION OF CAPITAL.—An appli- by— amended— cable defined benefit plan shall be treated as (i) striking ‘‘section 103(f)’’ and inserting (i) in subparagraph (A), by striking ‘‘sub- failing to meet the requirements of para- ‘‘section 101(f)’’, and section (b)(14)’’ and inserting ‘‘subsection graph (1)(H) unless the plan provides that an (ii) striking ‘‘the administrators’’ and in- (d)(17)’’, interest credit (or equivalent amount) of less serting ‘‘the administrator’’. (ii) in subparagraph (C)(iv)(II), by striking than zero shall in no event result in the ac- (B) Section 104(d)(1)(E)(ii) of ERISA is ‘‘subsection (b)(14)(B)(ii)’’ and inserting count balance or similar amount being less amended by inserting ‘‘funding’’ after ‘‘(d)(17)(A)(ii)’’, than the aggregate amount of contributions ‘‘plan’s’’. (iii) in subparagraph (F)(i)(I), by striking credited to the account.’’. (2) AMENDMENTS TO 2006 ACT.—Section 503(e) ‘‘financial adviser’’ and inserting ‘‘fiduciary (2) AMENDMENTS TO 1986 CODE.— of the 2006 Act is amended by striking ‘‘sec- adviser,’’, (A) Section 411(b)(5) of the 1986 Code is tion 101(f)’’ and inserting ‘‘section 104(d)’’. (iv) in subparagraph (I), by striking ‘‘sec- amended— (d) AMENDMENT RELATED TO SECTION 505.— tion 406’’ and inserting ‘‘subsection (c)’’, and (i) by striking ‘‘clause’’ in subparagraph Section 4010(d)(2)(B) of ERISA is amended by (v) in subparagraph (J)(i)— (A)(iii) and inserting ‘‘subparagraph’’, and striking ‘‘section 302(d)(2)’’ and inserting (I) by striking ‘‘the participant’’ each place (ii) by inserting ‘‘otherwise’’ before ‘‘allow- ‘‘section 303(d)(2)’’. it appears and inserting ‘‘a participant’’, able’’ in subparagraph (C). (e) AMENDMENTS RELATED TO SECTION 506.— (II) in the matter preceding subclause (I), (B) Section 411(a)(13)(A) of the 1986 Code is (1) Section 4041(c)(2)(D)(i) of ERISA is by inserting ‘‘referred to in subsection amended— amended by striking ‘‘subsection (a)(2)’’ the (e)(3)(B)’’ after ‘‘investment advice’’, and (i) by striking ‘‘paragraph (2)’’ in clause (i) second place it appears and inserting ‘‘sub- (III) in subclause (II), by striking ‘‘section and inserting ‘‘subparagraph (B)’’, paragraph (A) or the regulations under sub- 408(b)(4)’’ and inserting ‘‘subsection (d)(4)’’. (ii) by striking clause (ii) and inserting the section (a)(2)’’. (3) AMENDMENT TO 2006 ACT.—Section following new clause: (2) Section 4042(c)(3)(C)(i) of ERISA is 601(b)(4) of the 2006 Act is amended by strik- ‘‘(ii) the requirements of subsection (a)(11) amended— ing ‘‘section 4975(c)(3)(B)’’ and inserting or (c), or the requirements of section 417(e), (A) by striking ‘‘and plan sponsor’’ and in- ‘‘section 4975(e)(3)(B)’’. with respect to accrued benefits derived from serting ‘‘, the plan sponsor, or the corpora- (b) AMENDMENTS RELATED TO SECTION 611.— employer contributions,’’, and (1) AMENDMENT TO ERISA.—Section tion’’, and (iii) by striking ‘‘paragraph (3)’’ in the 408(b)(18)(C) of ERISA is amended by striking (B) by striking ‘‘subparagraph (A)(i)’’ and matter following clause (ii) and inserting ‘‘or less’’. inserting ‘‘subparagraph (A)’’. ‘‘subparagraph (C)’’. (2) AMENDMENTS TO 1986 CODE.—Section (f) AMENDMENTS RELATED TO SECTION 508.— (C) Subclause (II) of section 411(b)(5)(B)(i) 4975(d) of the 1986 Code is amended— Section 209(a) of ERISA is amended— of the 1986 Code is amended to read as fol- (A) in the matter preceding subparagraph (1) in paragraph (1)— lows: (A) of paragraph (18)— (A) by striking ‘‘regulations prescribed by ‘‘(II) PRESERVATION OF CAPITAL.—An appli- (i) by striking ‘‘party in interest’’ and in- the Secretary’’ and inserting ‘‘such regula- cable defined benefit plan shall be treated as serting ‘‘disqualified person’’, and tions as the Secretary may prescribe’’, and failing to meet the requirements of para- (ii) by striking ‘‘subsection (e)(3)(B)’’ and (B) by striking the last sentence and in- graph (1)(H) unless the plan provides that an inserting ‘‘subsection (e)(3)’’, serting ‘‘The report required under this para- interest credit (or equivalent amount) of less (B) in paragraphs (19), (20), and (21), by graph shall be in the same form, and contain than zero shall in no event result in the ac- striking ‘‘party in interest’’ each place it ap- the same information, as periodic benefit count balance or similar amount being less pears and inserting ‘‘disqualified person’’, statements under section 105(a).’’, and than the aggregate amount of contributions and (2) by striking paragraph (2) and inserting credited to the account.’’. (C) by striking ‘‘or less’’ in paragraph the following: (3) AMENDMENTS TO 2006 ACT.— (21)(C). ‘‘(2) If more than one employer adopts a (A) Section 701(d)(2) of the 2006 Act is (c) AMENDMENTS RELATED TO SECTION 612.— plan, each such employer shall furnish to the Section 4975(f)(11)(B)(i) of the 1986 Code is amended by striking ‘‘204(g)’’ and inserting plan administrator the information nec- amended by— ‘‘205(g)’’. essary for the administrator to maintain the (1) inserting ‘‘of the Employee Retirement (B) Section 701(e) of the 2006 Act is amend- records, and make the reports, required by Income Security Act of 1974’’ after ‘‘section ed— paragraph (1). Such administrator shall 407(d)(1)’’, and (i) by inserting ‘‘on or’’ after ‘‘period’’ in maintain the records, and make the reports, (2) inserting ‘‘of such Act’’ after ‘‘section paragraph (3), required by paragraph (1).’’ 407(d)(2)’’. (ii) in paragraph (4)— (g) AMENDMENT RELATED TO SECTION 509.— (d) AMENDMENTS RELATED TO SECTION 621.— (I) by inserting ‘‘the earlier of’’ after ‘‘be- Section 101(i)(8)(B) of ERISA is amended to Section 404(c)(1) of ERISA is amended— fore’’ in the matter preceding subparagraph read as follows: (1) by inserting ‘‘(or any period that would (A), and ‘‘(B) ONE-PARTICIPANT RETIREMENT PLAN.— be a blackout period but for the fact that it (II) by striking ‘‘earlier’’ and inserting For purposes of subparagraph (A), the term is a period of 3 consecutive business days or ‘‘later’’ in subparagraph (A), ‘one-participant retirement plan’ means a less)’’ after ‘‘blackout period’’ in subpara- (iii) by inserting ‘‘on or’’ before ‘‘after’’ retirement plan that on the first day of the graph (A)(ii), and each place it appears in paragraph (5), and plan year— (2) by inserting the following new sentence (iv) by adding at the end the following new ‘‘(i) covered only one individual (or the in- at the end of subparagraph (B): ‘‘In the case paragraph: dividual and the individual’s spouse) and the of any period that would be a blackout pe- ‘‘(6) SPECIAL RULE FOR VESTING REQUIRE- individual (or the individual and the individ- riod but for the fact that it is a period of 3 MENTS.—The requirements of section 203(f)(2) ual’s spouse) owned 100 percent of the plan consecutive business days or less, the pre- of the Employee Retirement Income Secu- sponsor (whether or not incorporated), or ceding sentence shall apply to such period if rity Act of 1974 and section 411(a)(13)(B) of ‘‘(ii) covered only one or more partners (or the person referred to in subparagraph (A)(ii) the Internal Revenue Code of 1986 (as added partners and their spouses) in the plan spon- meets the requirements described in the pre- by this Act)— sor.’’. ceding sentence with respect to such period ‘‘(A) shall not apply to a participant who SEC. 7. AMENDMENTS RELATED TO TITLE VI. in the same manner as if it were a blackout does not have an hour of service after the ef- (a) AMENDMENTS RELATED TO SECTION 601.— period.’’ fective date of such requirements (as other- (1) AMENDMENTS TO ERISA.— (e) AMENDMENTS RELATED TO SECTION 624.— wise determined under this subsection); and (A) Section 408(g)(3)(D)(ii) of ERISA is Section 404(c)(5) of ERISA is amended by ‘‘(B) in the case of a plan other than a plan amended by striking ‘‘subsection striking ‘‘participant’’ each place it appears described in paragraph (3) or (4), shall apply (b)(14)(B)(ii)’’ and inserting ‘‘subsection and inserting ‘‘participant or beneficiary’’. to plan years ending on or after June 29, (b)(14)(A)(ii)’’. SEC. 8. AMENDMENTS RELATED TO TITLE VII. 2005.’’. (B) Section 408(g)(6)(A)(i) of ERISA is (1) AMENDMENTS TO ERISA.— SEC. 9. AMENDMENTS RELATED TO TITLE VIII. amended by striking ‘‘financial adviser’’ and (A) Section 203(f)(1)(B) of ERISA is amend- (a) AMENDMENTS RELATED TO SECTION 801.— inserting ‘‘fiduciary adviser’’. ed to read as follows: (1) Section 404(o) of the 1986 Code is amend- (C) Section 408(g)(11)(A) of ERISA is ‘‘(B) the requirements of section 204(c) or ed— amended— 205(g), or the requirements of subsection (e), (A) by striking ‘‘430(g)(2)’’ in paragraph (i) by striking ‘‘the participant’’ each place with respect to accrued benefits derived from (2)(A)(ii) and inserting ‘‘430(g)(3)’’, and it appears and inserting ‘‘a participant’’, and employer contributions,’’. (B) by striking ‘‘412(f)(4)’’ in paragraph (ii) by striking ‘‘section 408(b)(4)’’ in clause (B) Section 204(b)(5) of ERISA is amended— (4)(B) and inserting ‘‘412(d)(3)’’. (ii) and inserting ‘‘subsection (b)(4)’’. (i) by striking ‘‘clause’’ in subparagraph (2) Section 404(a)(7)(A) of the 1986 Code is (2) AMENDMENTS TO 1986 CODE.— (A)(iii) and inserting ‘‘subparagraph’’, and amended— (A) Section 4975(d)(17) of the 1986 Code, in (ii) by inserting ‘‘otherwise’’ before ‘‘allow- (A) by striking the next to last sentence, the matter preceding subparagraph (A), is able’’ in subparagraph (C). and

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16046 CONGRESSIONAL RECORD — SENATE December 19, 2007 (B) by striking ‘‘the plan’s funding short- (1) Section 408A(c)(3)(C) of the 1986 Code, as individual (or the individual and the individ- fall determined under section 430’’ in the last added by section 833(c) of the 2006 Act, is re- ual’s spouse) owned 100 percent of the plan sentence and inserting ‘‘the excess (if any) of designated as subparagraph (E). sponsor (whether or not incorporated), or the plan’s funding target (as defined in sec- (2) In the case of taxable years beginning ‘‘(II) covered only one or more partners (or tion 430(d)(1)) over the value of the plan’s as- after December 31, 2009, section 408A(c)(3)(E) partners and their spouses) in the plan spon- sets (as determined under section 430(g)(3))’’. of the 1986 Code (as redesignated by para- sor.’’. (b) AMENDMENT RELATED TO SECTION 803.— graph (1))— (b) AMENDMENTS RELATED TO SECTION 902.— Clause (iii) of section 404(a)(7)(C) of the 1986 (A) is redesignated as subparagraph (D), (1) Section 401(k)(13)(D)(i)(I) of the 1986 Code is amended to read as follows: and Code is amended by striking ‘‘such com- ‘‘(iii) LIMITATION.—In the case of employer (B) is amended by striking ‘‘subparagraph pensation as exceeds 1 percent but does not’’ contributions to 1 or more defined contribu- (C)(ii)’’ and inserting ‘‘subparagraph (B)(ii)’’. and inserting ‘‘such contributions as exceed tion plans— (h) AMENDMENTS RELATED TO SECTION 841.— 1 percent but do not’’. ‘‘(I) if such contributions do not exceed 6 (1) Section 420(c)(1)(A) of the 1986 Code is (2) Sections 401(k)(8)(E) and 411(a)(3)(G) of percent of the compensation otherwise paid amended by adding at the end the following the 1986 Code are each amended— or accrued during the taxable year to the new sentence: ‘‘In the case of a qualified fu- (A) by striking ‘‘an erroneous automatic beneficiaries under such plans, this para- ture transfer or collectively bargained trans- contribution’’ and inserting ‘‘a permissible graph shall not apply to such contributions fer to which subsection (f) applies, any assets withdrawal’’, and or to employer contributions to the defined so transferred may also be used to pay liabil- (B) by striking ‘‘ERRONEOUS AUTOMATIC benefit plans to which this paragraph would ities described in subsection (f)(2)(C).’’ CONTRIBUTION’’ in the heading and inserting otherwise apply by reason of contributions (2) Section 420(f)(2) of the 1986 Code is ‘‘PERMISSIBLE WITHDRAWAL’’. to the defined contribution plans, and amended by striking ‘‘such’’ before ‘‘the ap- (3) Section 402(g)(2)(A)(ii) of the 1986 Code ‘‘(II) if such contributions exceed 6 percent plicable’’ in subparagraph (D)(i)(I). is amended by inserting ‘‘through the end of of such compensation, this paragraph shall (3) Section 4980(c)(2)(B) of the 1986 Code is such taxable year’’ after ‘‘such amount’’. be applied by only taking into account such amended by striking ‘‘or’’ at the end of (4) Section 414(w)(3) of the 1986 Code is contributions to the extent of such excess. clause (i), by striking the period at the end amended— For purposes of this clause, amounts carried of clause (ii) and inserting ‘‘, or’’, and by (A) in subparagraph (B), by inserting over from preceding taxable years under sub- adding at the end the following new clause: ‘‘and’’ after the comma at the end, paragraph (B) shall be treated as employer ‘‘(iii) any transfer described in section (B) by striking subparagraph (C), and contributions to 1 or more defined contribu- 420(f)(2)(B)(ii)(II).’’. (C) by redesignating subparagraph (D) as tions plans to the extent attributable to em- (i) AMENDMENTS RELATED TO SECTION 845.— subparagraph (C). ployer contributions to such plans in such (1) Subsection (l) of section 402 of the 1986 (5) Section 414(w)(5) of the 1986 Code is preceding taxable years.’’. Code is amended— amended by striking ‘‘and’’ at the end of sub- (c) AMENDMENTS RELATED TO SECTION 824.— (A) in paragraph (1)— paragraph (B), by striking the period at the (1) Section 408A(c)(3)(B) of the 1986 Code, as (i) by inserting ‘‘maintained by the em- end of subparagraph (C) and inserting a in effect after the amendments made by sec- ployer described in paragraph (4)(B)’’ after comma, and by adding at the end the fol- tion 824(b)(1) of the 2006 Act, is amended— ‘‘an eligible retirement plan’’, and lowing: (A) by striking the second ‘‘an’’ before ‘‘el- (ii) by striking ‘‘of the employee, his ‘‘(D) a simplified employee pension the igible’’, spouse, or dependents (as defined in section terms of which provide for a salary reduction (B) by striking ‘‘other than a Roth IRA’’, 152)’’ , arrangement described in section 408(k)(6), and (B) in paragraph (4)(D), by— and (C) by adding at the end the following new (i) inserting ‘‘(as defined in section 152)’’ ‘‘(E) a simple retirement account (as de- flush sentence: after ‘‘dependents’’, and fined in section 408(p)).’’. ‘‘This subparagraph shall not apply to a (ii) striking ‘‘health insurance plan’’ and (6) Section 414(w)(6) of the 1986 Code is qualified rollover contribution from a Roth inserting ‘‘health plan’’, and amended by inserting ‘‘or for purposes of ap- IRA or to a qualified rollover contribution (C) in paragraph (5)(A), by striking ‘‘health plying the limitation under section 402(g)(1)’’ from a designated Roth account which is a insurance plan’’ and inserting ‘‘health plan’’. before the period at the end. rollover contribution described in section (2) Subparagraph (B) of section 402(l)(3) of (c) AMENDMENTS RELATED TO SECTION 903.— 402A(c)(3)(A).’’ the 1986 Code is amended by striking ‘‘all (1) AMENDMENT OF 1986 CODE.—Section (2) Section 408A(d)(3)(B), as in effect after amounts distributed from all eligible retire- 414(x)(1) of the 1986 Code is amended by add- the amendments made by section 824(b)(2)(B) ment plans were treated as 1 contract for ing at the end of paragraph (1) the following of the 2006 Act, is amended by striking purposes of determining the inclusion of new sentence: ‘‘In the case of a termination ‘‘(other than a Roth IRA)’’ and by inserting such distribution under section 72’’ and in- of the defined benefit plan and the applicable at the end the following new sentence: ‘‘This serting ‘‘all amounts to the credit of the eli- defined contribution plan forming part of an paragraph shall not apply to a distribution gible public safety officer in all eligible re- eligible combined plan, the plan adminis- which is a qualified rollover contribution tirement plans maintained by the employer trator shall terminate each such plan sepa- from a Roth IRA or a qualified rollover con- described in paragraph (4)(B) were distrib- rately.’’ tribution from a designated Roth account uted during such taxable year and all such (2) AMENDMENTS OF ERISA.—Section 210(e) which is a rollover contribution described in plans were treated as 1 contract for purposes of ERISA is amended— section 402A(c)(3)(A)’’. of determining under section 72 the aggre- (A) by adding at the end of paragraph (1) (d) AMENDMENT TO SECTION 827.—The first gate amount which would have been so in- the following new sentence: ‘‘In the case of a sentence of section 72(t)(2)(G)(iv) of the 1986 cludible’’. termination of the defined benefit plan and Code is amended by inserting ‘‘on or’’ before (j) AMENDMENTS RELATED TO SECTION 854.— the applicable defined contribution plan ‘‘before’’. (1) Section 3121(b)(5)(E) of the 1986 Code is forming part of an eligible combined plan, (e) AMENDMENTS RELATED TO SECTION 829.— amended by striking ‘‘or special trial judge’’. the plan administrator shall terminate each (1) Section 402(c)(11) of the 1986 Code is (2) Section 210(a)(5)(E) of the Social Secu- such plan separately.’’, and amended— rity Act is amended by striking ‘‘or special (B) by striking paragraph (3) and by redes- (A) by inserting ‘‘described in paragraph trial judge’’. ignating paragraphs (4), (5), and (6) as para- (8)(B)(iii)’’ after ‘‘eligible retirement plan’’ (k) AMENDMENTS RELATED TO SECTION graphs (3), (4), and (5), respectively. in subparagraph (A), and 856.—Section 856 of the 2006 Act, and the (d) AMENDMENTS RELATED TO SECTION 906.— (B) by striking ‘‘trust’’ before ‘‘designated amendments made by such section, are here- (1) Section 906(b)(1)(B)(ii) of the 2006 Act is beneficiary’’ in subparagraph (B). by repealed, and the Internal Revenue Code amended by striking ‘‘paragraph (1)’’ and in- (2)(A) Section 402(f)(2)(A) of the 1986 Code is of 1986 shall be applied and administered as if serting ‘‘paragraph (10)’’. amended by adding at the end the following such sections and amendments had not been (2) Section 4021(b) of ERISA is amended by new sentence: ‘‘Such term shall include any enacted. inserting ‘‘or’’ at the end of paragraph (12), distribution which is treated as an eligible (l) AMENDMENT RELATED TO SECTION 864.— by striking ‘‘; or’’ at the end of paragraph rollover distribution by reason of section Section 864(a) of the 2006 Act is amended by (13) and inserting a period, and by striking 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B).’’ striking ‘‘Reconciliation’’. paragraph (14). (B) Clause (i) of section 402(c)(11) of the SEC. 10. AMENDMENTS RELATED TO TITLE IX. 1986 Code is amended by striking ‘‘for pur- (a) AMENDMENT RELATED TO SECTION 901.— SEC. 11. AMENDMENTS RELATED TO TITLE X. poses of this subsection’’. Section 401(a)(35)(E)(iv) of the 1986 Code is (a) AMENDMENTS TO RAILROAD RETIREMENT (C) The amendments made by this para- amended to read as follows: ACT.— graph shall apply with respect to plan years ‘‘(iv) ONE-PARTICIPANT RETIREMENT PLAN.— (1) Section 14(b) of the Railroad Retire- beginning after December 31, 2008. For purposes of clause (iii), the term ‘one- ment Act of 1974 (45 U.S.C. 231m(b)) is (f) AMENDMENT RELATED TO SECTION 832.— participant retirement plan’ means a retire- amended by adding at the end the following: Section 415(f) of the 1986 Code is amended by ment plan that on the first day of the plan ‘‘(3)(i) Payments made pursuant to para- striking paragraph (2) and by redesignating year— graph (2) of this subsection shall not require paragraph (3) as paragraph (2). ‘‘(I) covered only one individual (or the in- that the employee be entitled to an annuity (g) AMENDMENTS RELATED TO SECTION 833.— dividual and the individual’s spouse) and the under section 2(a)(1) of this Act: Provided,

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16047 however, That where an employee is not en- SEC. 13. AMENDMENT RELATED TO TITLE XII. ity for the life of the participant with a sur- titled to such an annuity, payments made Section 408(d)(8)(D) of the 1986 Code is vivor annuity for the life of the spouse which pursuant to paragraph (2) may not begin be- amended by striking ‘‘all amounts distrib- is equal to 100 percent of the amount of the fore the month in which the following three uted from all individual retirement plans annuity which is payable during the joint conditions are satisfied: were treated as 1 contract under paragraph lives of the participant and spouse and which ‘‘(A) The employee has completed ten (2)(A) for purposes of determining the inclu- is the actuarial equivalent of a single annu- years of service in the railroad industry or, sion of such distribution under section 72’’ ity for the life of the participant.’’. five years of service all of which accrues and inserting ‘‘all amounts in all individual SEC. 15. EFFECTIVE DATE. after December 31, 1995. retirement plans of the individual were dis- Except as otherwise provided in this Act, ‘‘(B) The spouse or former spouse attains tributed during such taxable year and all the amendments made by this Act shall take age 62. such plans were treated as 1 contract for pur- effect as if included in the provisions of the ‘‘(C) The employee attains age 62 (or if de- poses of determining under section 72 the ag- 2006 Act to which the amendments relate. ceased, would have attained age 62). gregate amount which would have been so ‘‘(ii) Payments made pursuant to para- includible’’. SA 3892. Mr. REID (for Mr. LAUTEN- graph (2) of this subsection shall terminate SEC. 14. OTHER PROVISIONS. BERG) proposed an amendment to the upon the death of the spouse or former (a) AMENDMENTS RELATED TO SECTIONS 102 spouse, unless the court document provides bill H.R. 3432, to establish the Commis- AND 112.— sion on the Abolition of the Trans- for termination at an earlier date. Notwith- (1) AMENDMENT OF ERISA.—The last sen- standing the language in a court order, that tence of section 303(g)(3)(B) of ERISA is atlantic Slave Trade; as follows: portion of payments made pursuant to para- amended to read as follows: ‘‘Any such aver- On page 15, strike lines 3 through 5. graph (2) which represents payments com- aging shall be adjusted for contributions, f puted pursuant to section 3(f)(2) of this Act distributions, and expected earnings (as de- shall not be paid after the death of the em- termined by the plan’s actuary on the basis NOTICE OF HEARING ployee. of an assumed earnings rate specified by the COMMITTEE ON ENERGY AND NATURAL ‘‘(iii) If the employee is not entitled to an actuary but not in excess of the third seg- RESOURCES annuity under section 2(a)(1) of this Act, ment rate applicable under subsection payments made pursuant to paragraph (2) of Mr. BINGAMAN. Mr. President, I (h)(2)(C)(iii)), as specified by the Secretary of would like to announce for the infor- this subsection shall be computed as though the Treasury.’’. the employee were entitled to an annuity.’’. (2) AMENDMENT OF 1986 CODE.—The last sen- mation of the Senate and the public (2) Subsection (d) of section 5 of the Rail- tence of section 430(g)(3)(B) of the 1986 Code that a hearing has been scheduled be- road Retirement Act (45 U.S.C. 231d) is re- is amended to read as follows: ‘‘Any such fore the Committee on Energy and Nat- pealed. averaging shall be adjusted for contribu- ural Resources. The hearing will be (b) EFFECTIVE DATES.— tions, distributions, and expected earnings held on Thursday, January 24, 2008, at (1) SUBSECTION (a)(1).—The amendment (as determined by the plan’s actuary on the 9:30 a.m., in room SD–366 of the Dirk- made by subsection (a)(1) shall apply with re- basis of an assumed earnings rate specified sen Senate Office Building. spect to payments due for months after Au- by the actuary but not in excess of the third The purpose of this oversight hearing gust 2007. If, prior to the effective date of segment rate applicable under subsection such amendment, payment pursuant to para- (h)(2)(C)(iii)), as specified by the Secretary.’’. is to receive testimony on Reform of graph (2) of section 14(b) of the Railroad Re- (b) AMENDMENTS RELATED TO SECTION the Mining Law of 1872. tirement Act of 1974 (45 U.S.C. 231m(b)) was 1004.— Because of the limited time available terminated because of the employee’s death, (1) AMENDMENT OF ERISA.—Paragraph (2) of for the hearing, witnesses may testify payment to the former spouse may be rein- section 205(d) of ERISA is amended by adding by invitation only. However, those stated for months after August 2007. at the end the following: wishing to submit written testimony (2) SUBSECTION (a)(2).—The amendment ‘‘(C) Notwithstanding subparagraph (B), for the hearing record should send it to made by subsection (a)(2) shall take effect the applicable percentage is any percentage the Committee on Energy and Natural upon the date of the enactment of this Act. greater than or equal to 662⁄3 percent but not Resources, United States Senate, SEC. 12. AMENDMENTS RELATED TO TITLE XI. more than 75 percent if— ‘‘(i) the plan is a defined contribution plan Washington, DC 20510–6150, or by e-mail (a) AMENDMENT RELATED TO SECTION 1104.— maintained for its employees by an employer to [email protected] Section 1104(d)(1) of the 2006 Act is amended which is either exempt from tax under sec- gov. by striking ‘‘Act’’ the first place it appears tion 501(a) of the Internal Revenue Code of and inserting ‘‘section’’. For further information, please con- 1986 or aggregated under subsection (b), (c), tact Patty Beneke at (202) 224–5451, An- (b) AMENDMENTS RELATED TO SECTION (m), or (o) of section 414 of such Code with an 1105.—Section 3304(a) of the 1986 Code is gela Becker-Dippman at (202) 224–5269 organization that is exempt from tax under or Gina Weinstock at (202) 224–5684. amended— section 501(a) of such Code, (1) in paragraph (15)— ‘‘(ii) the survivor annuity percentage for f (A) by redesignating clauses (i) and (ii) of the plan’s qualified joint and survivor annu- subparagraph (A) as subclauses (I) and (II), AUTHORITY FOR COMMITTEES TO ity is 50 percent, and MEET (B) by redesignating subparagraphs (A) and ‘‘(iii) each participant may elect (subject (B) as clauses (i) and (ii), to the requirements of subsection (a)) an an- COMMITTEE ON COMMERCE, SCIENCE, AND (C) by striking the semicolon at the end of nuity for the life of the participant with a TRANSPORTATION clause (ii) (as so redesignated) and inserting survivor annuity for the life of the spouse Mr. WYDEN. Mr. President, I ask ‘‘, and’’, which is equal to 100 percent of the amount (D) by striking ‘‘(15)’’ and inserting unanimous consent that the Com- of the annuity which is payable during the mittee on Commerce, Science, and ‘‘(15)(A) subject to subparagraph (B),’’, and joint lives of the participant and spouse and (E) by adding at the end the following: which is the actuarial equivalent of a single Transportation be authorized to meet ‘‘(B) the amount of compensation shall not annuity for the life of the participant.’’. during the session of the Senate on be reduced on account of any payments of (2) AMENDMENT OF 1986 CODE.—Subsection Wednesday, December 19, 2007, at 10 governmental or other pensions, retirement (g) of section 417 of the 1986 Code is amended a.m., in room 253 of the Russell Senate or retired pay, annuity, or other similar pay- by adding at the end the following: Office Building, for the purpose of con- ments which are not includible in the gross ‘‘(3) ALTERNATIVE METHOD OF COMPLI- ducting a hearing. income of the individual for the taxable year ANCE.—Notwithstanding paragraph (2), the in which it was paid because it was part of a The primary focus of the hearing will applicable percentage is any percentage be on the Federal Motor Carrier Safety rollover distribution;’’, and greater than or equal to 662⁄3 percent but not (2) by striking the last sentence. more than 75 percent if— Administration’s, FMCSA, interim (c) AMENDMENTS RELATED TO SECTION ‘‘(A) the plan is a defined contribution plan final rule, IFR, governing truck driver 1106.—Section 3(37)(G) of ERISA is amended maintained for its employees by an employer HOS. This IFR is in response to a July by— which is either exempt from tax under sec- 2007 U.S. Court of Appeals decision (1) striking ‘‘paragraph’’ each place it ap- tion 501(a) or aggregated under subsection vacating key aspects of the FMCSA’s pears in clauses (ii), (iii), and (v)(I) and in- (b), (c), (m), or (o) of section 414 with an or- 2005 HOS rule. The Subcommittee will serting ‘‘subparagraph’’, ganization that is exempt from tax under receive testimony on the IFR and re- (2) striking ‘‘subclause (i)(II)’’ in clause section 501(a), lated truck driver fatigue and truck (iii) and inserting ‘‘clause (i)(II)’’, ‘‘(B) the survivor annuity percentage for (3) striking ‘‘subparagraph’’ in clause the plan’s qualified joint and survivor annu- safety matters from the FMCSA, truck (v)(II) and inserting ‘‘clause’’, and ity is 50 percent, and safety advocates and the motor carrier (4) by striking ‘‘section 101(b)(4)’’ in clause ‘‘(C) each participant may elect (subject to industry. Subcommittee Chairman (v)(III) and inserting ‘‘section 101(b)(1)’’. the requirements of subsection (a)) an annu- Frank R. Lautenberg will preside.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16048 CONGRESSIONAL RECORD — SENATE December 19, 2007 The PRESIDING OFFICER. Without rifices that our men and women in uni- men and women in uniform for all they objection, it is so ordered. form make for us every day. do. COMMITTEE ON FOREIGN RELATIONS Fully 1.4 million American service Also included in this package are a Mr. WYDEN. Mr. President, I ask men and women have served in Iraq, series of tax technical corrections. unanimous consent that the Com- Afghanistan, or both. Nearly 30,000 These noncontroversial provisions con- mittee on Foreign Relations be author- troops have been wounded in action. tain corrections to various tax acts ized to meet during the session of the In September, I took a trip to Iraq. I from 1999, 2001, 2003, 2004, 2005 and 2006. Senate on Wednesday, December 19, was so impressed by what an amazing These technical changes include 2007, at 9:30 a.m. in order to hold a job our troops are doing. I met many clarifications on the contributions of nomination hearing. Montanans from small towns like fractional interests in tangible prop- The PRESIDING OFFICER. Without Roundup and Townsend. Despite all of erty, modification of the active busi- objection, it is so ordered. the hardships that they face—all the ness definition under section 355, tim- danger—they keep at it every day. I ing of claims for excess alternative COMMITTEE ON FOREIGN RELATIONS saw firsthand what a heavy burden our fuel, and the treatment of losses on po- Mr. WYDEN. Mr. President, I ask troops bear for all of us. sitions in identified straddles. unanimous consent that the Com- Today, one small way to support The technical corrections package mittee on Foreign Relations be author- them in their efforts is to make the also includes a number of clerical and ized to meet during the session of the Tax Code a little more troop-friendly. conforming amendments, including Senate on Wednesday, December 19, We can extend the special tax rules amendments correcting typographical 2007, at 11 a.m. hold a briefing on that make sense for our military that errors. This package makes sense and Kosovo. expire in 2007 and 2008. And we can adds clarity to the code, which we des- The PRESIDING OFFICER. Without eliminate roadblocks in the current tax perately need as we head into the 2007 objection, it is so ordered. laws that present difficulties to vet- filing season. COMMITTEE ON THE JUDICIARY erans and servicemembers. Mr. REID. Mr. President, I ask unan- Mr. WYDEN. Mr. President, I ask For example, family members of fall- imous consent that the Senate concur unanimous consent that the Senate en soldiers killed in the line of duty re- in the House amendment to the Senate Committee on the Judiciary be author- ceive a death gratuity benefit of amendments with an amendment, ized to meet during the session of the $100,000, but the Tax Code restricts the which is at the desk, and that the Senate in order to conduct a hearing survivors from contributing this ben- amendment be agreed to, the motion to entitled ‘‘Executive Nominations’’ on efit into a Roth IRA. Today we can reconsider be laid upon the table, and Wednesday, December 19, 2007 at 10 make sure that the family members of that the previous order with respect to a.m. in room SD–226 of the Dirksen fallen soldiers may take advantage of this bill remain in effect. Senate Office Building. tax-favored accounts. The ACTING PRESIDENT pro tem- Another hazard in the tax laws im- Witness list pore. Without objection, it is so or- peding our disabled veterans is the dered. Mark R. Filip, of Illinois, to be Dep- statute of limitations for filing a tax The amendment (No. 3890) was agreed uty Attorney General, Department of refund. Most VA disability claims filed to. Justice. by veterans are quickly resolved. But (The amendment is printed in today’s The PRESIDING OFFICER. Without many disability awards are delayed due RECORD under ‘‘Text of Amendments.’’) objection, it is so ordered. to lost paperwork or the appeals of re- f f jected claims. Once a disabled vet fi- nally gets a favorable award, the good PENSION PROTECTION TECHNICAL PRIVILEGES OF THE FLOOR news is that the disability award is CORRECTIONS ACT OF 2007 Mr. REED. Mr. President, I ask unan- tax-free. But the bad news is that Mr. REID. Mr. President, I ask unan- imous consent that a fellow in my of- many of these disabled veterans get imous consent that the Senate proceed fice, Melissa Fiffer, be granted floor ambushed by a statute that bars them to Calendar No. 333, S. 1974. privileges for the remainder of this ses- from filing a tax refund claim. Today, The ACTING PRESIDENT pro tem- sion. we can give disabled veterans an extra pore. The clerk will report the bill by The ACTING PRESIDENT pro tem- year to claim their tax refunds. title. pore. Without objection, it is so or- Most troops doing the heavy lifting The legislative clerk read as follows: dered. in combat situations are the lower A bill (S. 1974) to make technical correc- Mr. WYDEN. Mr. President, I ask ranking, lower income bracket sol- tions related to the Pension Protection Act unanimous consent that Gregory diers. Their income needs to count to- of 2006. Hinrichsen, a fellow in my office, be al- wards computing the earned income There being no objection, the Senate lowed to come on to the floor for my tax credit, or EITC. But the provision proceeded to consider the bill. remarks. that makes EITC work for combat Mr. BAUCUS. Mr. President, in con- The PRESIDING OFFICER. Without troops expires at the end of 2007. The nection with S. 1974, the Pension Pro- objection, it is so ordered. EITC is a very beneficial tax provision tection Technical Corrections Act of available to working Americans. And it 2007, the ranking Republican member f makes no sense to deny it to our of the Finance Committee, Senator DEFENDERS OF FREEDOM TAX troops. Today we can make combat GRASSLEY, and I have prepared a joint RELIEF ACT OF 2007 duty income count for EITC purposes statement that contains an expla- Mr. REID. Mr. President, I ask the and make this change to the Tax Code nation of the bill. This explanation ex- Chair to lay before the Senate a mes- permanent. presses the Senate Finance Commit- sage from the House with respect to I should mention that these tax pro- tee’s understanding of the provisions of H.r. 3997. visions are fully paid for. A change in the bill and serves as a reference in un- The legislative clerk read as follows: the Tax Code makes sure that any indi- derstanding the legislative intent be- vidual relinquishing their U.S. citizen- hind this important legislation. Resolved, That the House agree to the amendments of the Senate to the bill (H.R. ship is still on the hook to pay for I ask unanimous consent that this 3997) entitled ‘‘An Act to amend the Internal their fair share of U.S. taxes. joint statement be printed in the Revenue Code of 1986 to provide earnings as- A soldier’s rucksack is heavy enough RECORD. sistance and tax relief to members of the as it is without loading it down with There being no objection, the mate- uniformed services, volunteer firefighters, tax burdens. We owe the Americans rial was ordered to be printed in the and Peace Corps volunteers, and for other fighting in our armed forces an enor- RECORD, as follows: purposes’’, with an amendment. mous debt of gratitude. JOINT STATEMENT OF SENATORS MAX BAUCUS Mr. BAUCUS. Mr. President, as the That’s why today I am asking for AND CHUCK GRASSLEY Christmas season approaches, it is im- these important tax reforms. They are The Pension Protection Act of 2006 argu- portant to pause and reflect on the sac- one small way that we can salute our ably marks the most sweeping changes to

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16049 the pension laws since the enactment of the the desk be considered and agreed to, ‘‘(A) the sum of— Employee Retirement Income Security Act the bill, as amended, be read a third ‘‘(i) the present value of all benefits which of 1974. In general, the Act, which was signed time, passed, and the motion to recon- are expected to accrue or to be earned under into law on August 17, 2006, changes the the plan during the plan year, plus funding rules for single-employer defined sider be laid upon the table; that any ‘‘(ii) the amount of plan-related expenses benefit pension plans, expands the deduction statements relating to this matter be expected to be paid from plan assets during limits for contributions to such plans, modi- printed in the RECORD; that upon pas- the plan year, over fies the rules for determining lump sum dis- sage, the bill remain at the desk until ‘‘(B) the amount of mandatory employee tributions, and provides clarification and such time the Senate receives a com- contributions expected to be made during adds new rules for cash balance pension panion measure from the House; that the plan year. plans. The Act also provides special funding the Senate then proceed to its consid- ‘‘(2) SPECIAL RULE FOR INCREASE IN COM- rules for plans maintained by airlines and eration; that all after the enacting PENSATION.—For purposes of this subsection, airline catering companies, provides new if any benefit attributable to services per- rules for multiemployer pension plans, and clause be stricken, the text of S. 1974, formed in a preceding plan year is increased requires increased disclosure of pension plan as amended, be inserted in lieu thereof, by reason of any increase in compensation information. In the defined contribution plan the bill advanced to third reading, during the current plan year, the increase in area, the Pension Act adds rules relating to passed, and the motion to reconsider be such benefit shall be treated as having ac- automatic enrollment plans, eliminating laid upon the table without further in- crued during the current plan year.’’. legal impediments to such arrangements and tervening action or debate, and that S. (B) Section 303(c)(5)(B)(iii) of ERISA is providing incentives for plan sponsors to 1974 be returned to the calendar. amended by inserting ‘‘beginning’’ before adopt these arrangements. There were modi- ‘‘after 2008’’. fications to prohibited transactions and The ACTING PRESIDENT pro tem- (C) Section 303(c)(5)(B)(iv)(II) of ERISA is other fiduciary rules under ERISA, particu- pore. Without objection, it is so or- amended by inserting ‘‘for such year’’ after larly with regard to the provision of invest- dered. ‘‘beginning in 2007)’’. ment advice. A welcome addition to the Act The amendment (No. 3891) was agreed (D) Section 303(f)(4)(A) of ERISA is amend- was the elimination of the expiration date of to. ed by striking ‘‘paragraph (2)’’ and inserting the tax provisions added as part of the Eco- (The amendment is printed in today’s ‘‘paragraph (3)’’. nomic Growth and Tax Relief Reconciliation RECORD under ‘‘Text of Amendments.’’ (E) Section 303(h)(2)(F) of ERISA is amend- Act of 2001, so that the increases in contribu- The bill was ordered to be engrossed ed— tion limits to IRAs, 401(k), 403(b), and 457 for a third reading and was read the (i) by striking ‘‘section 205(g)(3)(B)(iii)(I)) plans, the catch-up contribution and the for such month’’ and inserting ‘‘section Roth 401(k), will continue to apply and not third time. 205(g)(3)(B)(iii)(I) for such month)’’, and sunset in 2010. The bill (S. 1974), as amended, was (ii) by striking ‘‘subparagraph (B)’’ and in- Like many complicated pieces of legisla- read the third time and passed, as fol- serting ‘‘subparagraph (C)’’. tion, technical corrections to the law must lows: (F) Section 303(i) of ERISA is amended— be made. Technical corrections to the law S. 1974 (i) in paragraph (2)— are often time sensitive. That is, many of (I) by striking subparagraph (A) and insert- Be it enacted by the Senate and House of Rep- them must be passed by both Houses of Con- ing the following new subparagraph: resentatives of the United States of America in gress before the effective date of the statute. ‘‘(A) the excess of— Congress assembled, Like many of the rules under the Pension ‘‘(i) the sum of— Act, the funding rules for single-employer SECTION 1. SHORT TITLE; REFERENCES TO ACTS. ‘‘(I) the present value of all benefits which defined benefit pension plans are effective (a) IN GENERAL.—This Act may be cited as are expected to accrue or to be earned under January 1, 2008. If technical corrections to the ‘‘Pension Protection Technical Correc- the plan during the plan year, determined the single-employer defined benefit plan tions Act of 2007’’. using the additional actuarial assumptions funding rules are not passed by year-end, the (b) REFERENCES TO ACTS.—For purposes of described in paragraph (1)(B), plus pension community and the Department of this Act— ‘‘(II) the amount of plan-related expenses Treasury—the agency tasked with inter- (1) AMENDMENT OF 1986 CODE.—The term expected to be paid from plan assets during preting the statute and providing the nec- ‘‘1986 Code’’ means the Internal Revenue the plan year, over essary details on how the new law works— Code of 1986. ‘‘(ii) the amount of mandatory employee will be placed in a very tough spot. That is, (2) AMENDMENT OF ERISA.—The term contributions expected to be made during the Department of Treasury will not have ‘‘ERISA’’ means the Employee Retirement the plan year, plus’’, and the necessary corrections and clarifications Income Security Act of 1974. (II) in subparagraph (B), by striking ‘‘the of the original intent of the Act to suffi- (3) 2006 ACT.—The term ‘‘2006 Act’’ means target normal cost (determined without re- ciently issue the details necessary to allow the Pension Protection Act of 2006. gard to this paragraph) of the plan for the the pension community to achieve proper SEC. 2. AMENDMENTS RELATED TO TITLE I. plan year’’ and inserting ‘‘the amount deter- compliance. This is not fair to the pension (a) AMENDMENTS RELATED TO SECTIONS 101 mined under subsection (b)(1)(A)(i) with re- community or the Treasury Department. AND 111.— spect to the plan for the plan year’’, and Failing to pass a pension technical correc- (1) AMENDMENTS TO ERISA.— (ii) by striking ‘‘subparagraph (A)(ii)’’ in tions bill by December 31, 2007, would there- (A) Clause (i) of section 302(c)(1)(A) of the last sentence of paragraph (4)(B) and in- fore be irresponsible. ERISA is amended by striking ‘‘the plan is’’ serting ‘‘subparagraph (A)’’. It has come to the Senate’s attention that and inserting ‘‘the plan are’’. (G) Section 303(j)(3) of ERISA— the House of Representatives does not share (B) Section 302(c)(7) of ERISA is amended (i) is amended by adding at the end of sub- the Senate’s sense of urgency about these by inserting ‘‘which reduces the accrued ben- paragraph (A) the following new sentence: time-sensitive pension technical corrections. efit of any participant’’ after ‘‘subsection ‘‘In the case of plan years beginning in 2008, We don’t understand this position. Perhaps, (d)(2)’’ in subparagraph (A). the funding shortfall for the preceding plan the House majority wants to re-negotiate (C) Section 302(d)(1) of ERISA is amended year may be determined using such methods the Pension Act, which could be accom- by striking ‘‘, the valuation date,’’. of estimation as the Secretary of the Treas- plished by delaying the effective date of the (2) AMENDMENTS TO 1986 CODE.— ury may provide.’’, statute for 1 year. We would like to remind (A) Clause (i) of section 412(c)(1)(A) of the (ii) by adding at the end of subparagraph everyone that the Senate passed the Act by 1986 Code is amended by striking ‘‘the plan (E) the following new clause: a 93 to 5 vote. It is clear that a bipartisan is’’ and inserting ‘‘the plan are’’. ‘‘(iii) PLAN WITH ALTERNATE VALUATION majority of the Senate thinks the Pension (B) Section 412(c)(7) of the 1986 Code is DATE.—The Secretary of the Treasury shall Act is good pension policy. It is also clear amended by inserting ‘‘which reduces the ac- prescribe regulations for the application of that the Senate does not and would not sup- crued benefit of any participant’’ after ‘‘sub- this paragraph in the case of a plan which port delaying effective date of the statute. section (d)(2)’’ in subparagraph (A). has a valuation date other than the first day That is a non-starter. (C) Section 412(d)(1) of the 1986 Code is of the plan year.’’, and So we urge the House to heed the warnings amended by striking ‘‘, the valuation date,’’. (iii) by striking ‘‘AND SHORT YEARS’’ in the from the pension community that pension (b) AMENDMENTS RELATED TO SECTIONS 102 heading of subparagraph (E) and inserting ‘‘, plan participants could be adversely affected AND 112.— SHORT YEARS, AND YEARS WITH ALTERNATE without the necessary corrections and clari- (1) AMENDMENTS TO ERISA.— VALUATION DATE’’. fications of the Pension Act. We urge the (A) Section 303(b) of ERISA is amended to (H) Section 303(k)(6)(B) of ERISA is amend- House to pass S. 1974 before Congress ad- read as follows: ed by striking ‘‘, except’’ and all that follows journs. Failure to pass a pension technical ‘‘(b) TARGET NORMAL COST.—For purposes and inserting a period. corrections package would send the wrong of this section— (2) AMENDMENTS TO 1986 CODE.— message to plan sponsors and pension plan ‘‘(1) IN GENERAL.—Except as provided in (A) Section 430(b) of the 1986 Code is participants. subsection (i)(2) with respect to plans in at- amended to read as follows: Mr. REID. Mr. President, I ask unan- risk status, the term ‘target normal cost’ ‘‘(b) TARGET NORMAL COST.—For purposes imous consent that the amendment at means, for any plan year, the excess of— of this section—

VerDate Aug 31 2005 03:52 Jan 25, 2008 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD07\S19DE7.REC S19DE7 mmaher on PROD1PC76 with CONG-REC-ONLINE S16050 CONGRESSIONAL RECORD — SENATE December 19, 2007

‘‘(1) IN GENERAL.—Except as provided in shortfall for the preceding plan year may be (ii) by striking ‘‘a funding’’ and inserting subsection (i)(2) with respect to plans in at- determined using such methods of esti- ‘‘an adjusted funding’’ in subparagraph (B). risk status, the term ‘target normal cost’ mation as the Secretary may provide.’’, (B) Section 436(b)(3) of the 1986 Code is means, for any plan year, the excess of— (ii) by striking ‘‘section 302(c)’’ in subpara- amended— ‘‘(A) the sum of— graph (D)(ii)(II) and inserting ‘‘section (i) by inserting ‘‘BENEFIT’’ after ‘‘EVENT’’ in ‘‘(i) the present value of all benefits which 412(c)’’, the heading, and are expected to accrue or to be earned under (iii) by adding at the end of subparagraph (ii) by striking ‘‘any event’’ in subpara- the plan during the plan year, plus (E) the following new clause: graph (B) and inserting ‘‘an event’’. ‘‘(ii) the amount of plan-related expenses ‘‘(iii) PLAN WITH ALTERNATE VALUATION (C) Section 436(d)(5) of the 1986 Code is expected to be paid from plan assets during DATE.—The Secretary shall prescribe regula- amended by adding at the end the following the plan year, over tions for the application of this paragraph in new flush sentence: ‘‘(B) the amount of mandatory employee the case of a plan which has a valuation date ‘‘Such term shall not include the payment of contributions expected to be made during other than the first day of the plan year.’’, a benefit which under section 411(a)(11) may the plan year. and be immediately distributed without the con- ‘‘(2) SPECIAL RULE FOR INCREASE IN COM- (iv) by striking ‘‘AND SHORT YEARS’’ in the sent of the participant.’’. PENSATION.—For purposes of this subsection, heading of subparagraph (E) and inserting ‘‘, (D) Section 436(f) of the 1986 Code is amend- if any benefit attributable to services per- SHORT YEARS, AND YEARS WITH ALTERNATE ed— formed in a preceding plan year is increased VALUATION DATE’’. (i) by inserting ‘‘adjusted’’ before ‘‘fund- by reason of any increase in compensation (H) Section 430(k) of the 1986 Code is ing’’ in paragraph (1)(D), and during the current plan year, the increase in amended— (ii) by striking ‘‘prefunding balance under such benefit shall be treated as having ac- (i) by inserting ‘‘(as provided under para- section 430(f) or funding standard carryover crued during the current plan year.’’. graph (2))’’ after ‘‘applies’’ in paragraph (1), balance’’ in paragraph (2) and inserting (B) Section 430(c)(5)(B)(iii) of the 1986 Code and ‘‘prefunding balance or funding standard car- is amended by inserting ‘‘beginning’’ before (ii) by striking ‘‘, except’’ and all that fol- ryover balance under section 430(f)’’. ‘‘after 2008’’. lows in paragraph (6)(B) and inserting a pe- (E) Section 436(j)(3) of the 1986 Code is (C) Section 430(c)(5)(B)(iv)(II) of the 1986 riod. amended— Code is amended by inserting ‘‘for such (c) AMENDMENTS RELATED TO SECTIONS 103 (i) in subparagraph (A)— year’’ after ‘‘beginning in 2007)’’. AND 113.— (I) by striking ‘‘without regard to this (D) Section 430(f) of the 1986 Code is amend- (1) AMENDMENTS TO ERISA.— paragraph and’’, ed— (A) Section 101(j) of ERISA is amended— (II) by striking ‘‘section 430(f)(4)(A)’’ and (i) by striking ‘‘as of the first day of the (i) in paragraph (2), by striking ‘‘section inserting ‘‘section 430(f)(4)’’, and plan year’’ the second place it appears in the 206(g)(4)(B)’’ and inserting ‘‘section (III) by striking ‘‘paragraph (1)’’ and in- first sentence of paragraph (3)(A), 206(g)(4)(A)’’; and serting ‘‘paragraphs (1) and (2)’’, and (ii) by striking ‘‘paragraph (2)’’ in para- (ii) by adding at the end the following: (ii) in subparagraph (C)— graph (4)(A) and inserting ‘‘paragraph (3)’’, ‘‘The Secretary of the Treasury, in consulta- (I) by striking ‘‘without regard to this (iii) by striking ‘‘paragraph (1), (2), or (4) of tion with the Secretary, shall have the au- paragraph’’ and inserting ‘‘without regard to section 206(g)’’ in paragraph (6)(B)(iii) and in- thority to prescribe rules applicable to the the reduction in the value of assets under serting ‘‘subsection (b), (c), or (e) of section notices required under this subsection.’’. section 430(f)(4)’’, and 436’’, (B) Section 206(g)(1)(B)(ii) of ERISA is (II) by inserting ‘‘beginning’’ before (iv) by striking ‘‘the sum of’’ in paragraph amended by striking ‘‘a funding’’ and insert- ‘‘after’’ each place it appears. (6)(C), and ing ‘‘an adjusted funding’’. (F) Section 436 of the 1986 Code is amended (C) The heading for section 206(g)(1)(C) of (v) by striking ‘‘of the Treasury’’ in para- by redesignating subsection (k) as subsection ERISA is amended by inserting ‘‘BENEFIT’’ graph (8). (m) and by inserting after subsection (j) the after ‘‘EVENT’’. (E) Section 430(h)(2) of the 1986 Code is following new subsections: (D) Section 206(g)(3)(E) of ERISA is amend- amended— ‘‘(k) SECRETARIAL AUTHORITY FOR PLANS (i) by inserting ‘‘and target normal cost’’ ed by adding at the end the following new WITH ALTERNATE VALUATION DATE.—In the after ‘‘funding target’’ in subparagraph (B), flush sentence: case of a plan which has designated a valu- (ii) by striking ‘‘liabilities’’ and inserting ‘‘Such term shall not include the payment of ation date other than the first day of the ‘‘benefits’’ in subparagraph (B), a benefit which under section 203(e) may be plan year, the Secretary may prescribe rules (iii) by striking ‘‘section 417(e)(3)(D)(i)) for immediately distributed without the consent for the application of this section which are such month’’ in subparagraph (F) and insert- of the participant.’’. necessary to reflect the alternate valuation ing ‘‘section 417(e)(3)(D)(i) for such month)’’, (E) Section 206(g)(5)(A)(iv) of ERISA is date. and amended by inserting ‘‘adjusted’’ before ‘‘(l) SINGLE-EMPLOYER PLAN.—For purposes (iv) by striking ‘‘subparagraph (B)’’ in sub- ‘‘funding’’. of this section, the term ‘single-employer paragraph (F) and inserting ‘‘subparagraph (F) Section 206(g)(9)(C) of ERISA is amend- plan’ means a plan which is not a multiem- (C)’’. ed— ployer plan.’’. (F) Section 430(i) of the 1986 Code is amend- (i) by striking ‘‘without regard to this sub- (3) AMENDMENTS TO 2006 ACT.—Sections ed— paragraph and’’ in clause (i), and 103(c)(2)(A)(ii) and 113(b)(2)(A)(ii) of the 2006 (i) in paragraph (2)— (ii) in clause (iii)— Act are each amended— (I) by striking subparagraph (A) and insert- (I) by striking ‘‘without regard to this sub- (A) by striking ‘‘subsection’’ and inserting ing the following new subparagraph: paragraph’’ and inserting ‘‘without regard to ‘‘section’’, and ‘‘(A) the excess of— the reduction in the value of assets under (B) by striking ‘‘subparagraph’’ and insert- ‘‘(i) the sum of— section 303(f)(4)’’, and ing ‘‘paragraph’’. ‘‘(I) the present value of all benefits which (II) by inserting ‘‘beginning’’ before (d) AMENDMENTS RELATED TO SECTIONS 107 are expected to accrue or to be earned under ‘‘after’’ each place it appears. AND 114.— the plan during the plan year, determined (G) Section 206(g) of ERISA is amended by (1) AMENDMENTS TO ERISA.— using the additional actuarial assumptions redesignating paragraph (10) as paragraph (A) Section 103(d) of ERISA is amended— described in paragraph (1)(B), plus (11) and by inserting after paragraph (9) the (i) in paragraph (3), by striking ‘‘the nor- ‘‘(II) the amount of plan-related expenses following new paragraph: mal costs, the accrued liabilities’’ and in- expected to be paid from plan assets during ‘‘(10) SECRETARIAL AUTHORITY FOR PLANS serting ‘‘the normal costs or target normal the plan year, over WITH ALTERNATE VALUATION DATE.—In the costs, the accrued liabilities or funding tar- ‘‘(ii) the amount of mandatory employee case of a plan which has designated a valu- get’’, and contributions expected to be made during ation date other than the first day of the (ii) by striking paragraph (7) and inserting the plan year, plus’’, and plan year, the Secretary of the Treasury the following new paragraph: (II) in subparagraph (B), by striking ‘‘the may prescribe rules for the application of ‘‘(7) A certification of the contribution target normal cost (determined without re- this subsection which are necessary to re- necessary to reduce the minimum required gard to this paragraph) of the plan for the flect the alternate valuation date.’’. contribution determined under section 303, plan year’’ and inserting ‘‘the amount deter- (H) Section 502(c)(4) of ERISA is amended or the accumulated funding deficiency deter- mined under subsection (b)(1)(A)(i) with re- by striking ‘‘by any person’’ and all that fol- mined under section 304, to zero.’’. spect to the plan for the plan year’’, and lows through the period and inserting ‘‘by (B) Section 4071 of ERISA is amended by (ii) by striking ‘‘subparagraph (A)(ii)’’ in any person of subsection (j), (k), or (l) of sec- striking ‘‘as section 303(k)(4) or 307(e)’’ and the last sentence of paragraph (4)(B) and in- tion 101 or section 514(e)(3).’’. inserting ‘‘or section 303(k)(4),’’. serting ‘‘subparagraph (A)’’. (2) AMENDMENTS TO 1986 CODE.— (2) AMENDMENTS TO 1986 CODE.— (G) Section 430(j)(3) of the 1986 Code is (A) Section 436(b)(2) of the 1986 Code is (A) Section 401(a)(29) of the 1986 Code is amended— amended— amended by striking ‘‘ON PLANS IN AT-RISK (i) by adding at the end of subparagraph (i) by striking ‘‘section 303’’ and inserting STATUS’’ in the heading. (A) the following new sentence: ‘‘In the case ‘‘section 430’’ in the matter preceding sub- (B) Section 401(a)(32)(C) of the 1986 Code is of plan years beginning in 2008, the funding paragraph (A), and amended—

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16051

(i) by striking ‘‘section 430(j)’’ and insert- ‘‘(C) FAILURE TO MAKE SCHEDULED CON- (II) by striking subparagraph (B) and in- ing ‘‘section 430(j)(3)’’, and TRIBUTIONS.—Any failure to make a con- serting the following new subparagraph: (ii) by striking ‘‘paragraph (5)(A)’’ and in- tribution under a schedule of contribution ‘‘(B) DATE OF IMPLEMENTATION.—The date serting ‘‘section 430(j)(4)(A)’’. rates provided under this paragraph shall be specified in this subparagraph is the date (C) Section 401(a)(33) of the 1986 Code is treated as a delinquent contribution under which is 180 days after the date on which the amended— section 515 and shall be enforceable as collective bargaining agreement described in (i) by striking ‘‘section 412(c)(2)’’ in sub- such.’’. subparagraph (A) expires.’’. paragraph (B)(iii) and inserting ‘‘section (D) Section 305(e) of ERISA is amended— (D) Section 432(e) of the 1986 Code is 412(d)(2)’’, and (i) in paragraph (3)(C)— amended— (ii) by striking ‘‘section 412(b)(2) (without (I) by striking all that follows ‘‘to adopt a’’ (i) in paragraph (3)(C)— regard to subparagraph (B) thereof)’’ in sub- in clause (i)(II) and inserting ‘‘to adopt a (I) by striking all that follows ‘‘to adopt a’’ paragraph (D) and inserting ‘‘section contribution schedule with terms consistent in clause (i)(II) and inserting ‘‘to adopt a 412(b)(1), without regard to section 412(b)(2)’’. with the rehabilitation plan and a schedule contribution schedule with terms consistent (D) Section 411 of the 1986 Code is amend- from the plan sponsor under paragraph with the rehabilitation plan and a schedule ed— (1)(B)(i),’’, from the plan sponsor under paragraph (i) by striking ‘‘section 412(c)(2)’’ in sub- (II) by striking clause (ii) and inserting the (1)(B)(i),’’, and section (a)(3)(C) and inserting ‘‘section following new clause: (II) by striking clause (ii) and inserting the 412(d)(2)’’, and ‘‘(ii) DATE OF IMPLEMENTATION.—The date following new clause: (ii) by striking ‘‘section 412(e)(2)’’ in sub- specified in this clause is the date which is ‘‘(ii) DATE OF IMPLEMENTATION.—The date section (d)(6)(A) and inserting ‘‘section 180 days after the date on which the collec- specified in this clause is the date which is 412(d)(2)’’. tive bargaining agreement described in 180 days after the date on which the collec- (E) Section 414(l)(2)(B)(i)(I) of the 1986 Code clause (i) expires.’’, and tive bargaining agreement described in is amended to read as follows: (III) by adding at the end the following new clause (i) expires.’’, ‘‘(I) the sum of the funding target and tar- clause: (ii) in paragraph (4)— get normal cost determined under section ‘‘(iii) FAILURE TO MAKE SCHEDULED CON- (I) by striking ‘‘the date of’’ in subpara- 430, over’’. TRIBUTIONS.—Any failure to make a con- graph (A)(ii), and (F) Section 4971 of the 1986 Code is amend- tribution under a schedule of contribution (II) by striking ‘‘and taking’’ in subpara- ed— rates provided under this subsection shall be graph (B) and inserting ‘‘but taking’’, (i) by striking ‘‘required minimum’’ in sub- treated as a delinquent contribution under (iii) in paragraph (6)— section (b)(1) and inserting ‘‘minimum re- section 515 and shall be enforceable as (I) by striking ‘‘paragraph (1)(B)(i)’’ and in- quired’’, such.’’, serting ‘‘the last sentence of paragraph (1)’’, (ii) by inserting ‘‘or unpaid minimum re- (ii) in paragraph (4)— and quired contribution, whichever is applica- (I) by striking ‘‘the date of’’ in subpara- (II) by striking ‘‘established’’ and inserting ble’’ after ‘‘accumulated funding deficiency’’ graph (A)(ii), and ‘‘establish’’, each place it appears in subsections (c)(3) (II) by striking ‘‘and taking’’ in subpara- (iv) in paragraph (8)— and (d)(1), and graph (B) and inserting ‘‘but taking’’, (I) by striking ‘‘section 204(g)’’ in subpara- (iii) by striking ‘‘section 412(a)(1)(A)’’ in (iii) in paragraph (6)— graph (A)(i) and inserting ‘‘section 411(d)(6)’’, subsection (e)(1) and inserting ‘‘section (I) by striking ‘‘paragraph (1)(B)(i)’’ and in- (II) by inserting ‘‘of the Employee Retire- 412(a)(2)’’. serting ‘‘the last sentence of paragraph (1)’’, ment Income Security Act of 1974’’ after (3) AMENDMENT TO 2006 ACT.—Section 114 of and ‘‘4212(a)’’ in subparagraph (C)(i)(II), the 2006 Act is amended by adding at the end (II) by striking ‘‘established’’ and inserting (III) by striking ‘‘the Secretary of Labor’’ the following new subsection: ‘‘establish’’, in subparagraph (C)(iii)(I) and inserting ‘‘the ‘‘(g) EFFECTIVE DATES.— (iv) in paragraph (8)(C)(iii)— Secretary, in consultation with the Sec- ‘‘(1) IN GENERAL.—The amendments made (I) by striking ‘‘the Secretary’’ in sub- retary of Labor’’, and by this section shall apply to plan years be- clause (I) and inserting ‘‘the Secretary of the (IV) by striking ‘‘the Secretary of Labor’’ ginning after 2007. Treasury, in consultation with the Sec- in the last sentence of subparagraph (C)(iii) ‘‘(2) EXCISE TAX.—The amendments made retary’’, and and inserting ‘‘the Secretary’’, and by subsection (e) shall apply to taxable years (II) by striking ‘‘Secretary’’ in the last (v) by striking ‘‘an employer’s withdrawal beginning after 2007, but only with respect to sentence and inserting ‘‘Secretary of the liability’’ in paragraph (9)(B) and inserting plan years described in paragraph (1) which Treasury’’, and ‘‘the allocation of unfunded vested benefits end with or within any such taxable year.’’. (v) by striking ‘‘an employer’s withdrawal to an employer’’. (e) AMENDMENT RELATED TO SECTION 116.— liability’’ in paragraph (9)(B) and inserting (E) Section 432(f)(2)(A)(i) of the 1986 Code is Section 409A(b)(3)(A)(ii) of the 1986 Code is ‘‘the allocation of unfunded vested benefits amended by striking ‘‘section 411(b)(1)(A)’’ amended by inserting ‘‘to an applicable cov- to an employer’’. and inserting ‘‘section 411(a)(9)’’. ered employee’’ after ‘‘under the plan’’. (E) Section 305(g) of ERISA is amended by (F) Section 432(g) of the 1986 Code is SEC. 3. AMENDMENTS RELATED TO TITLE II. inserting ‘‘under subsection (c)’’ after ‘‘fund- amended by inserting ‘‘under subsection (c)’’ (a) AMENDMENT RELATED TO SECTIONS 201 ing improvement plan’’ the first place it ap- after ‘‘funding improvement plan’’ the first AND 211.—Section 201(b)(2)(A) of the 2006 Act pears. place it appears. is amended by striking ‘‘has not used’’ and (F) Section 302(b)(3) of ERISA is amended (G) Section 432(i) of the 1986 Code is amend- inserting ‘‘has not adopted, or ceased by striking ‘‘the plan adopts’’ and inserting ed— using,’’. ‘‘the plan sponsor adopts’’. (i) by striking ‘‘section 412(a)’’ in para- (b) AMENDMENTS RELATED TO SECTIONS 202 (G) Section 502(c)(2) of ERISA is amended graph (3) and inserting ‘‘section 431(a)’’, and AND 212.— by striking ‘‘101(b)(4)’’ and inserting (ii) by striking paragraph (9) and inserting (1) AMENDMENTS TO ERISA.— ‘‘101(b)(1)’’. the following new paragraph: (A) Section 305(b)(3)(C) of ERISA is amend- (H) Section 502(c)(8)(A) of ERISA is amend- ‘‘(9) PLAN SPONSOR.—For purposes of this ed by striking ‘‘section 101(b)(4)’’ and insert- ed by inserting ‘‘plan’’ after ‘‘multiem- section, section 431, and section 4971(g)— ing ‘‘section 101(b)(1)’’. ployer’’. ‘‘(A) IN GENERAL.—The term ‘plan sponsor’ (B) Section 305(b)(3)(D) of ERISA is amend- (2) AMENDMENTS TO 1986 CODE.— means, with respect to any multiemployer ed by striking ‘‘The Secretary’’ in clause (iii) (A) Section 432(b)(3)(C) of the 1986 Code is plan, the association, committee, joint board and inserting ‘‘The Secretary of the Treas- amended by striking ‘‘section 101(b)(4)’’ and of trustees, or other similar group of rep- ury, in consultation with the Secretary’’. inserting ‘‘section 101(b)(1)’’. resentatives of the parties who establish or (C) Section 305(c)(7) of ERISA is amended— (B) Section 432(b)(3)(D)(iii) of the 1986 Code maintain the plan. (i) by striking ‘‘to agree on’’ and all that is amended by striking ‘‘The Secretary of ‘‘(B) SPECIAL RULE FOR SECTION 404(c) follows in subparagraph (A)(ii) and inserting Labor’’ and inserting ‘‘The Secretary, in con- PLANS.—In the case of a plan described in ‘‘to adopt a contribution schedule with sultation with the Secretary of Labor’’. section 404(c) (or a continuation of such terms consistent with the funding improve- (C) Section 432(c) of the 1986 Code is plan), such term means the bargaining par- ment plan and a schedule from the plan amended— ties described in paragraph (1).’’. sponsor,’’, and (i) in paragraph (3), by striking ‘‘section (H) Section 412(b)(3) of the 1986 Code is (ii) by striking subparagraph (B) and in- 304(d)’’ in subparagraph (A)(ii) and inserting amended by striking ‘‘the plan adopts’’ and serting the following new subparagraph: ‘‘section 431(d)’’, and inserting ‘‘the plan sponsor adopts’’. ‘‘(B) DATE OF IMPLEMENTATION.—The date (ii) in paragraph (7)— (I) Section 4971(g)(4) of the 1986 Code is specified in this subparagraph is the date (I) by striking ‘‘to agree on’’ and all that amended— which is 180 days after the date on which the follows in subparagraph (A)(ii) and inserting (i) in subparagraph (B)(ii), by striking collective bargaining agreement described in ‘‘to adopt a contribution schedule with ‘‘first day of’’ and inserting ‘‘day following subparagraph (A) expires.’’, and terms consistent with the funding improve- the close of’’, and (iii) by adding at the end the following new ment plan and a schedule from the plan (ii) by striking clause (ii) of subparagraph subparagraph: sponsor,’’, and (C) and inserting the following new clause:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16052 CONGRESSIONAL RECORD — SENATE December 19, 2007

‘‘(ii) PLAN SPONSOR.—For purposes of under the rules of subclause (I)(bb)) and the SEC. 7. AMENDMENTS RELATED TO TITLE VI. clause (i), the term ‘plan sponsor’ has the value of the plan liabilities (determined in (a) AMENDMENTS RELATED TO SECTION 601.— meaning given such term by section the same manner as under section 304 except (1) AMENDMENTS TO ERISA.— 432(i)(9).’’. that the method specified in section 305(i)(8) (A) Section 408(g)(3)(D)(ii) of ERISA is (3) AMENDMENTS TO 2006 ACT.— shall be used),’’. amended by striking ‘‘subsection (A) Section 212(b)(2) of the 2006 Act is (b) AMENDMENTS RELATED TO SECTION 502.— (b)(14)(B)(ii)’’ and inserting ‘‘subsection amended by striking ‘‘Section 4971(c)(2) of (1) Section 101(k)(2) of ERISA is amended (b)(14)(A)(ii)’’. such Code’’ and inserting ‘‘Section 4971(e)(2) by filing at the end the following new flush (B) Section 408(g)(6)(A)(i) of ERISA is of such Code’’. sentence: amended by striking ‘‘financial adviser’’ and (B) Section 212(e)(1) of the 2006 Act is ‘‘Subparagraph (C)(i) shall not apply to indi- inserting ‘‘fiduciary adviser’’. amended by inserting ‘‘, except that the vidually identifiable information with re- (C) Section 408(g)(11)(A) of ERISA is amendments made by subsection (b) shall spect to any plan investment manager or ad- amended— apply to taxable years beginning after 2007, viser, or with respect to any other person (i) by striking ‘‘the participant’’ each place but only with respect to plan years begin- (other than an employee of the plan) pre- it appears and inserting ‘‘a participant’’, and ning after 2007 which end with or within any paring a financial report required to be in- (ii) by striking ‘‘section 408(b)(4)’’ in clause such taxable year’’ before the period at the cluded under paragraph (1)(B).’’. (ii) and inserting ‘‘subsection (b)(4)’’. end. (2) Section 4221 of ERISA is amended by (2) AMENDMENTS TO 1986 CODE.— (C) Section 212(e)(2) of the 2006 Act is striking subsection (e) and by redesignating (A) Section 4975(d)(17) of the 1986 Code, in amended by striking ‘‘section 305(b)(3) of the subsections (f) and (g) as subsections (e) and the matter preceding subparagraph (A), is Employee Retirement Income Security Act (f), respectively. amended by striking ‘‘and that permits’’ and of 1974’’ and inserting ‘‘section 432(b)(3) of (c) AMENDMENTS RELATED TO SECTION 503.— inserting ‘‘that permits’’. the Internal Revenue Code of 1986’’. (1) AMENDMENTS TO ERISA.— (B) Section 4975(f)(8) of the 1986 Code is amended— SEC. 4. AMENDMENTS RELATED TO TITLE III. (A) Section 104(b)(3) of ERISA is amended (i) in subparagraph (A), by striking ‘‘sub- (a) AMENDMENT RELATED TO SECTION 301.— by— section (b)(14)’’ and inserting ‘‘subsection Clause (ii) of section 101(c)(2)(A) of the Pen- (i) striking ‘‘section 103(f)’’ and inserting (d)(17)’’, sion Funding Equity Act of 2004, as amended ‘‘section 101(f)’’, and (ii) in subparagraph (C)(iv)(II), by striking by section 301(c) of the 2006 Act, is amended (ii) striking ‘‘the administrators’’ and in- ‘‘subsection (b)(14)(B)(ii)’’ and inserting by striking ‘‘2008’’ and inserting ‘‘2009’’. serting ‘‘the administrator’’. ‘‘(d)(17)(A)(ii)’’, (b) AMENDMENTS RELATED TO SECTION 302.— (B) Section 104(d)(1)(E)(ii) of ERISA is (iii) in subparagraph (F)(i)(I), by striking (1) AMENDMENT TO ERISA.—Section amended by inserting ‘‘funding’’ after ‘‘financial adviser’’ and inserting ‘‘fiduciary 205(g)(3)(B)(iii)(II) of ERISA is amended by ‘‘plan’s’’. adviser,’’, striking ‘‘section 205(g)(3)(B)(iii)(II)’’ and in- (2) AMENDMENTS TO 2006 ACT.—Section 503(e) (iv) in subparagraph (I), by striking ‘‘sec- serting ‘‘section 205(g)(3)(A)(ii)(II)’’. of the 2006 Act is amended by striking ‘‘sec- tion 406’’ and inserting ‘‘subsection (c)’’, and (2) AMENDMENTS TO 1986 CODE.— tion 101(f)’’ and inserting ‘‘section 104(d)’’. (v) in subparagraph (J)(i)— (A) Section 417(e)(3)(D)(i) of the 1986 Code (d) AMENDMENT RELATED TO SECTION 505.— (I) by striking ‘‘the participant’’ each place is amended by striking ‘‘clause (ii)’’ and in- Section 4010(d)(2)(B) of ERISA is amended by striking ‘‘section 302(d)(2)’’ and inserting it appears and inserting ‘‘a participant’’, serting ‘‘subparagraph (C)’’. ‘‘section 303(d)(2)’’. (II) in the matter preceding subclause (I), (B) Section 415(b)(2)(E)(v) of the 1986 Code (e) AMENDMENTS RELATED TO SECTION 506.— by inserting ‘‘referred to in subsection is amended to read as follows: (1) Section 4041(c)(2)(D)(i) of ERISA is (e)(3)(B)’’ after ‘‘investment advice’’, and ‘‘(v) For purposes of adjusting any benefit amended by striking ‘‘subsection (a)(2)’’ the (III) in subclause (II), by striking ‘‘section or limitation under subparagraph (B), (C), or second place it appears and inserting ‘‘sub- 408(b)(4)’’ and inserting ‘‘subsection (d)(4)’’. (D), the mortality table used shall be the ap- paragraph (A) or the regulations under sub- (3) AMENDMENT TO 2006 ACT.—Section plicable mortality table (within the meaning section (a)(2)’’. 601(b)(4) of the 2006 Act is amended by strik- of section 417(e)(3)(B)).’’. (2) Section 4042(c)(3)(C)(i) of ERISA is ing ‘‘section 4975(c)(3)(B)’’ and inserting SEC. 5. AMENDMENTS RELATED TO TITLE IV. amended— ‘‘section 4975(e)(3)(B)’’. (a) AMENDMENT RELATED TO SECTION 401.— (A) by striking ‘‘and plan sponsor’’ and in- (b) AMENDMENTS RELATED TO SECTION 611.— Section 4006(a)(3)(A)(i) of ERISA is amended serting ‘‘, the plan sponsor, or the corpora- (1) AMENDMENT TO ERISA.—Section by striking ‘‘1990’’ and inserting ‘‘2005’’. tion’’, and 408(b)(18)(C) of ERISA is amended by striking (b) AMENDMENT RELATED TO SECTION 402.— (B) by striking ‘‘subparagraph (A)(i)’’ and ‘‘or less’’. Section 402(c)(1)(A) of the 2006 Act is amend- inserting ‘‘subparagraph (A)’’. (2) AMENDMENTS TO 1986 CODE.—Section ed by striking ‘‘commercial airline’’ and in- (f) AMENDMENTS RELATED TO SECTION 508.— 4975(d) of the 1986 Code is amended— serting ‘‘commercial’’. Section 209(a) of ERISA is amended— (A) in the matter preceding subparagraph (c) AMENDMENT RELATED TO SECTION 408.— (1) in paragraph (1)— (A) of paragraph (18)— Section 4044(e) of ERISA, as added by section (A) by striking ‘‘regulations prescribed by (i) by striking ‘‘party in interest’’ and in- 408(b)(2) of the 2006 Act, is redesignated as the Secretary’’ and inserting ‘‘such regula- serting ‘‘disqualified person’’, and subsection (f). tions as the Secretary may prescribe’’, and (ii) by striking ‘‘subsection (e)(3)(B)’’ and (d) AMENDMENTS RELATED TO SECTION 409.— (B) by striking the last sentence and in- inserting ‘‘subsection (e)(3)’’, Section 4041(b)(5)(A) of ERISA is amended by serting ‘‘The report required under this para- (B) in paragraphs (19), (20), and (21), by striking ‘‘subparagraph (B)’’ and inserting graph shall be in the same form, and contain striking ‘‘party in interest’’ each place it ap- ‘‘subparagraphs (B) and (D)’’. the same information, as periodic benefit pears and inserting ‘‘disqualified person’’, (e) AMENDMENTS RELATED TO SECTION 410.— statements under section 105(a).’’, and and Section 4050(d)(4)(A) of ERISA is amended— (2) by striking paragraph (2) and inserting (C) by striking ‘‘or less’’ in paragraph (1) by striking ‘‘and’’ at the end of clause the following: (21)(C). (i), and ‘‘(2) If more than one employer adopts a (c) AMENDMENTS RELATED TO SECTION 612.— (2) by striking clause (ii) and inserting the plan, each such employer shall furnish to the Section 4975(f)(11)(B)(i) of the 1986 Code is following new clauses: plan administrator the information nec- amended by— ‘‘(ii) which is not a plan described in para- essary for the administrator to maintain the (1) inserting ‘‘of the Employee Retirement graph (2), (3), (4), (6), (7), (8), (9), (10), or (11) records, and make the reports, required by Income Security Act of 1974’’ after ‘‘section of section 4021(b), and paragraph (1). Such administrator shall 407(d)(1)’’, and ‘‘(iii) which, was a plan described in sec- maintain the records, and make the reports, (2) inserting ‘‘of such Act’’ after ‘‘section tion 401(a) of the Internal Revenue Code of required by paragraph (1).’’ 407(d)(2)’’. 1986 which includes a trust exempt from tax (g) AMENDMENT RELATED TO SECTION 509.— (d) AMENDMENTS RELATED TO SECTION 621.— under section 501(a) of such Code, and’’. Section 101(i)(8)(B) of ERISA is amended to Section 404(c)(1) of ERISA is amended— SEC. 6. AMENDMENTS RELATED TO TITLE V. read as follows: (1) by inserting ‘‘(or any period that would (a) AMENDMENT RELATED TO SECTION 501.— ‘‘(B) ONE-PARTICIPANT RETIREMENT PLAN.— be a blackout period but for the fact that it Section 101(f)(2)(B)(ii) of ERISA is amended— For purposes of subparagraph (A), the term is a period of 3 consecutive business days or (1) by striking ‘‘for which the latest annual ‘one-participant retirement plan’ means a less)’’ after ‘‘blackout period’’ in subpara- report filed under section 104(a) was filed’’ in retirement plan that on the first day of the graph (A)(ii), and subclause (I)(aa) and inserting ‘‘to which the plan year— (2) by inserting the following new sentence notice relates’’, and ‘‘(i) covered only one individual (or the in- at the end of subparagraph (B): ‘‘In the case (2) by striking subclause (II) and inserting dividual and the individual’s spouse) and the of any period that would be a blackout pe- the following new subclause: individual (or the individual and the individ- riod but for the fact that it is a period of 3 ‘‘(II) in the case of a multiemployer plan, a ual’s spouse) owned 100 percent of the plan consecutive business days or less, the pre- statement, for the plan year to which the no- sponsor (whether or not incorporated), or ceding sentence shall apply to such period if tice relates and the preceding 2 plan years, of ‘‘(ii) covered only one or more partners (or the person referred to in subparagraph (A)(ii) the value of the plan assets (determined both partners and their spouses) in the plan spon- meets the requirements described in the pre- in the same manner as under section 304 and sor.’’. ceding sentence with respect to such period

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16053 in the same manner as if it were a blackout fective date of such requirements (as other- (B) by striking ‘‘trust’’ before ‘‘designated period.’’ wise determined under this subsection); and beneficiary’’ in subparagraph (B). (e) AMENDMENTS RELATED TO SECTION 624.— ‘‘(B) in the case of a plan other than a plan (2)(A) Section 402(f)(2)(A) of the 1986 Code is Section 404(c)(5) of ERISA is amended by described in paragraph (3) or (4), shall apply amended by adding at the end the following striking ‘‘participant’’ each place it appears to plan years ending on or after June 29, new sentence: ‘‘Such term shall include any and inserting ‘‘participant or beneficiary’’. 2005.’’. distribution which is treated as an eligible SEC. 8. AMENDMENTS RELATED TO TITLE VII. SEC. 9. AMENDMENTS RELATED TO TITLE VIII. rollover distribution by reason of section (1) AMENDMENTS TO ERISA.— (a) AMENDMENTS RELATED TO SECTION 801.— 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B).’’ (A) Section 203(f)(1)(B) of ERISA is amend- (1) Section 404(o) of the 1986 Code is amend- (B) Clause (i) of section 402(c)(11) of the ed to read as follows: ed— 1986 Code is amended by striking ‘‘for pur- ‘‘(B) the requirements of section 204(c) or (A) by striking ‘‘430(g)(2)’’ in paragraph poses of this subsection’’. 205(g), or the requirements of subsection (e), (2)(A)(ii) and inserting ‘‘430(g)(3)’’, and (C) The amendments made by this para- with respect to accrued benefits derived from (B) by striking ‘‘412(f)(4)’’ in paragraph graph shall apply with respect to plan years employer contributions,’’. (4)(B) and inserting ‘‘412(d)(3)’’. beginning after December 31, 2008. (B) Section 204(b)(5) of ERISA is amended— (2) Section 404(a)(7)(A) of the 1986 Code is (f) AMENDMENT RELATED TO SECTION 832.— (i) by striking ‘‘clause’’ in subparagraph amended— Section 415(f) of the 1986 Code is amended by striking paragraph (2) and by redesignating (A)(iii) and inserting ‘‘subparagraph’’, and (A) by striking the next to last sentence, paragraph (3) as paragraph (2). (ii) by inserting ‘‘otherwise’’ before ‘‘allow- and able’’ in subparagraph (C). (g) AMENDMENTS RELATED TO SECTION 833.— (B) by striking ‘‘the plan’s funding short- (C) Subclause (II) of section 204(b)(5)(B)(i) (1) Section 408A(c)(3)(C) of the 1986 Code, as fall determined under section 430’’ in the last of ERISA is amended to read as follows: added by section 833(c) of the 2006 Act, is re- sentence and inserting ‘‘the excess (if any) of ‘‘(II) PRESERVATION OF CAPITAL.—An appli- designated as subparagraph (E). the plan’s funding target (as defined in sec- cable defined benefit plan shall be treated as (2) In the case of taxable years beginning tion 430(d)(1)) over the value of the plan’s as- failing to meet the requirements of para- after December 31, 2009, section 408A(c)(3)(E) sets (as determined under section 430(g)(3))’’. graph (1)(H) unless the plan provides that an of the 1986 Code (as redesignated by para- (b) AMENDMENT RELATED TO SECTION 803.— interest credit (or equivalent amount) of less graph (1))— Clause (iii) of section 404(a)(7)(C) of the 1986 than zero shall in no event result in the ac- (A) is redesignated as subparagraph (D), Code is amended to read as follows: count balance or similar amount being less and ‘‘(iii) LIMITATION.—In the case of employer than the aggregate amount of contributions (B) is amended by striking ‘‘subparagraph credited to the account.’’. contributions to 1 or more defined contribu- (C)(ii)’’ and inserting ‘‘subparagraph (B)(ii)’’. tion plans— (2) AMENDMENTS TO 1986 CODE.— (h) AMENDMENTS RELATED TO SECTION 841.— (A) Section 411(b)(5) of the 1986 Code is ‘‘(I) if such contributions do not exceed 6 (1) Section 420(c)(1)(A) of the 1986 Code is amended— percent of the compensation otherwise paid amended by adding at the end the following (i) by striking ‘‘clause’’ in subparagraph or accrued during the taxable year to the new sentence: ‘‘In the case of a qualified fu- (A)(iii) and inserting ‘‘subparagraph’’, and beneficiaries under such plans, this para- ture transfer or collectively bargained trans- (ii) by inserting ‘‘otherwise’’ before ‘‘allow- graph shall not apply to such contributions fer to which subsection (f) applies, any assets able’’ in subparagraph (C). or to employer contributions to the defined so transferred may also be used to pay liabil- (B) Section 411(a)(13)(A) of the 1986 Code is benefit plans to which this paragraph would ities described in subsection (f)(2)(C).’’ amended— otherwise apply by reason of contributions (2) Section 420(f)(2) of the 1986 Code is (i) by striking ‘‘paragraph (2)’’ in clause (i) to the defined contribution plans, and amended by striking ‘‘such’’ before ‘‘the ap- and inserting ‘‘subparagraph (B)’’, ‘‘(II) if such contributions exceed 6 percent plicable’’ in subparagraph (D)(i)(I). (ii) by striking clause (ii) and inserting the of such compensation, this paragraph shall (3) Section 4980(c)(2)(B) of the 1986 Code is following new clause: be applied by only taking into account such amended by striking ‘‘or’’ at the end of ‘‘(ii) the requirements of subsection (a)(11) contributions to the extent of such excess. clause (i), by striking the period at the end or (c), or the requirements of section 417(e), For purposes of this clause, amounts carried of clause (ii) and inserting ‘‘, or’’, and by with respect to accrued benefits derived from over from preceding taxable years under sub- adding at the end the following new clause: employer contributions,’’, and paragraph (B) shall be treated as employer ‘‘(iii) any transfer described in section (iii) by striking ‘‘paragraph (3)’’ in the contributions to 1 or more defined contribu- 420(f)(2)(B)(ii)(II).’’. matter following clause (ii) and inserting tions plans to the extent attributable to em- (i) AMENDMENTS RELATED TO SECTION 845.— ‘‘subparagraph (C)’’. ployer contributions to such plans in such (1) Subsection (l) of section 402 of the 1986 (C) Subclause (II) of section 411(b)(5)(B)(i) preceding taxable years.’’. Code is amended— of the 1986 Code is amended to read as fol- (c) AMENDMENTS RELATED TO SECTION 824.— (A) in paragraph (1)— lows: (1) Section 408A(c)(3)(B) of the 1986 Code, as (i) by inserting ‘‘maintained by the em- ‘‘(II) PRESERVATION OF CAPITAL.—An appli- in effect after the amendments made by sec- ployer described in paragraph (4)(B)’’ after cable defined benefit plan shall be treated as tion 824(b)(1) of the 2006 Act, is amended— ‘‘an eligible retirement plan’’, and failing to meet the requirements of para- (A) by striking the second ‘‘an’’ before ‘‘el- (ii) by striking ‘‘of the employee, his graph (1)(H) unless the plan provides that an igible’’, spouse, or dependents (as defined in section interest credit (or equivalent amount) of less (B) by striking ‘‘other than a Roth IRA’’, 152)’’ , than zero shall in no event result in the ac- and (B) in paragraph (4)(D), by— count balance or similar amount being less (C) by adding at the end the following new (i) inserting ‘‘(as defined in section 152)’’ than the aggregate amount of contributions flush sentence: after ‘‘dependents’’, and credited to the account.’’. ‘‘This subparagraph shall not apply to a (ii) striking ‘‘health insurance plan’’ and (3) AMENDMENTS TO 2006 ACT.— qualified rollover contribution from a Roth inserting ‘‘health plan’’, and (A) Section 701(d)(2) of the 2006 Act is IRA or to a qualified rollover contribution (C) in paragraph (5)(A), by striking ‘‘health amended by striking ‘‘204(g)’’ and inserting from a designated Roth account which is a insurance plan’’ and inserting ‘‘health plan’’. ‘‘205(g)’’. rollover contribution described in section (2) Subparagraph (B) of section 402(l)(3) of (B) Section 701(e) of the 2006 Act is amend- 402A(c)(3)(A).’’ the 1986 Code is amended by striking ‘‘all ed— (2) Section 408A(d)(3)(B), as in effect after amounts distributed from all eligible retire- (i) by inserting ‘‘on or’’ after ‘‘period’’ in the amendments made by section 824(b)(2)(B) ment plans were treated as 1 contract for paragraph (3), of the 2006 Act, is amended by striking purposes of determining the inclusion of (ii) in paragraph (4)— ‘‘(other than a Roth IRA)’’ and by inserting such distribution under section 72’’ and in- (I) by inserting ‘‘the earlier of’’ after ‘‘be- at the end the following new sentence: ‘‘This serting ‘‘all amounts to the credit of the eli- fore’’ in the matter preceding subparagraph paragraph shall not apply to a distribution gible public safety officer in all eligible re- (A), and which is a qualified rollover contribution tirement plans maintained by the employer (II) by striking ‘‘earlier’’ and inserting from a Roth IRA or a qualified rollover con- described in paragraph (4)(B) were distrib- ‘‘later’’ in subparagraph (A), tribution from a designated Roth account uted during such taxable year and all such (iii) by inserting ‘‘on or’’ before ‘‘after’’ which is a rollover contribution described in plans were treated as 1 contract for purposes each place it appears in paragraph (5), and section 402A(c)(3)(A)’’. of determining under section 72 the aggre- (iv) by adding at the end the following new (d) AMENDMENT TO SECTION 827.—The first gate amount which would have been so in- paragraph: sentence of section 72(t)(2)(G)(iv) of the 1986 cludible’’. ‘‘(6) SPECIAL RULE FOR VESTING REQUIRE- Code is amended by inserting ‘‘on or’’ before (j) AMENDMENTS RELATED TO SECTION 854.— MENTS.—The requirements of section 203(f)(2) ‘‘before’’. (1) Section 3121(b)(5)(E) of the 1986 Code is of the Employee Retirement Income Secu- (e) AMENDMENTS RELATED TO SECTION 829.— amended by striking ‘‘or special trial judge’’. rity Act of 1974 and section 411(a)(13)(B) of (1) Section 402(c)(11) of the 1986 Code is (2) Section 210(a)(5)(E) of the Social Secu- the Internal Revenue Code of 1986 (as added amended— rity Act is amended by striking ‘‘or special by this Act)— (A) by inserting ‘‘described in paragraph trial judge’’. ‘‘(A) shall not apply to a participant who (8)(B)(iii)’’ after ‘‘eligible retirement plan’’ (k) AMENDMENTS RELATED TO SECTION does not have an hour of service after the ef- in subparagraph (A), and 856.—Section 856 of the 2006 Act, and the

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16054 CONGRESSIONAL RECORD — SENATE December 19, 2007

amendments made by such section, are here- (d) AMENDMENTS RELATED TO SECTION 906.— or retired pay, annuity, or other similar pay- by repealed, and the Internal Revenue Code (1) Section 906(b)(1)(B)(ii) of the 2006 Act is ments which are not includible in the gross of 1986 shall be applied and administered as if amended by striking ‘‘paragraph (1)’’ and in- income of the individual for the taxable year such sections and amendments had not been serting ‘‘paragraph (10)’’. in which it was paid because it was part of a enacted. (2) Section 4021(b) of ERISA is amended by rollover distribution;’’, and (l) AMENDMENT RELATED TO SECTION 864.— inserting ‘‘or’’ at the end of paragraph (12), (2) by striking the last sentence. Section 864(a) of the 2006 Act is amended by by striking ‘‘; or’’ at the end of paragraph (c) AMENDMENTS RELATED TO SECTION striking ‘‘Reconciliation’’. (13) and inserting a period, and by striking 1106.—Section 3(37)(G) of ERISA is amended SEC. 10. AMENDMENTS RELATED TO TITLE IX. paragraph (14). by— (1) striking ‘‘paragraph’’ each place it ap- (a) AMENDMENT RELATED TO SECTION 901.— SEC. 11. AMENDMENTS RELATED TO TITLE X. pears in clauses (ii), (iii), and (v)(I) and in- Section 401(a)(35)(E)(iv) of the 1986 Code is (a) AMENDMENTS TO RAILROAD RETIREMENT serting ‘‘subparagraph’’, amended to read as follows: ACT.— (2) striking ‘‘subclause (i)(II)’’ in clause ‘‘(iv) ONE-PARTICIPANT RETIREMENT PLAN.— (1) Section 14(b) of the Railroad Retire- (iii) and inserting ‘‘clause (i)(II)’’, For purposes of clause (iii), the term ‘one- ment Act of 1974 (45 U.S.C. 231m(b)) is (3) striking ‘‘subparagraph’’ in clause participant retirement plan’ means a retire- amended by adding at the end the following: (v)(II) and inserting ‘‘clause’’, and ment plan that on the first day of the plan ‘‘(3)(i) Payments made pursuant to para- (4) by striking ‘‘section 101(b)(4)’’ in clause year— graph (2) of this subsection shall not require (v)(III) and inserting ‘‘section 101(b)(1)’’. ‘‘(I) covered only one individual (or the in- that the employee be entitled to an annuity dividual and the individual’s spouse) and the under section 2(a)(1) of this Act: Provided, SEC. 13. AMENDMENT RELATED TO TITLE XII. individual (or the individual and the individ- however, That where an employee is not en- Section 408(d)(8)(D) of the 1986 Code is amended by striking ‘‘all amounts distrib- ual’s spouse) owned 100 percent of the plan titled to such an annuity, payments made uted from all individual retirement plans sponsor (whether or not incorporated), or pursuant to paragraph (2) may not begin be- were treated as 1 contract under paragraph ‘‘(II) covered only one or more partners (or fore the month in which the following three (2)(A) for purposes of determining the inclu- partners and their spouses) in the plan spon- conditions are satisfied: sion of such distribution under section 72’’ ‘‘(A) The employee has completed ten sor.’’. and inserting ‘‘all amounts in all individual years of service in the railroad industry or, (b) AMENDMENTS RELATED TO SECTION 902.— retirement plans of the individual were dis- five years of service all of which accrues (1) Section 401(k)(13)(D)(i)(I) of the 1986 tributed during such taxable year and all after December 31, 1995. Code is amended by striking ‘‘such com- such plans were treated as 1 contract for pur- pensation as exceeds 1 percent but does not’’ ‘‘(B) The spouse or former spouse attains poses of determining under section 72 the ag- and inserting ‘‘such contributions as exceed age 62. gregate amount which would have been so 1 percent but do not’’. ‘‘(C) The employee attains age 62 (or if de- includible’’. ceased, would have attained age 62). (2) Sections 401(k)(8)(E) and 411(a)(3)(G) of SEC. 14. OTHER PROVISIONS. ‘‘(ii) Payments made pursuant to para- the 1986 Code are each amended— (a) AMENDMENTS RELATED TO SECTIONS 102 graph (2) of this subsection shall terminate (A) by striking ‘‘an erroneous automatic AND 112.— upon the death of the spouse or former contribution’’ and inserting ‘‘a permissible (1) AMENDMENT OF ERISA.—The last sen- withdrawal’’, and spouse, unless the court document provides tence of section 303(g)(3)(B) of ERISA is (B) by striking ‘‘ERRONEOUS AUTOMATIC for termination at an earlier date. Notwith- amended to read as follows: ‘‘Any such aver- CONTRIBUTION’’ in the heading and inserting standing the language in a court order, that aging shall be adjusted for contributions, ‘‘PERMISSIBLE WITHDRAWAL’’. portion of payments made pursuant to para- distributions, and expected earnings (as de- (3) Section 402(g)(2)(A)(ii) of the 1986 Code graph (2) which represents payments com- termined by the plan’s actuary on the basis is amended by inserting ‘‘through the end of puted pursuant to section 3(f)(2) of this Act of an assumed earnings rate specified by the such taxable year’’ after ‘‘such amount’’. shall not be paid after the death of the em- actuary but not in excess of the third seg- (4) Section 414(w)(3) of the 1986 Code is ployee. ment rate applicable under subsection amended— ‘‘(iii) If the employee is not entitled to an (h)(2)(C)(iii)), as specified by the Secretary of (A) in subparagraph (B), by inserting annuity under section 2(a)(1) of this Act, the Treasury.’’. payments made pursuant to paragraph (2) of ‘‘and’’ after the comma at the end, (2) AMENDMENT OF 1986 CODE.—The last sen- (B) by striking subparagraph (C), and this subsection shall be computed as though tence of section 430(g)(3)(B) of the 1986 Code (C) by redesignating subparagraph (D) as the employee were entitled to an annuity.’’. is amended to read as follows: ‘‘Any such subparagraph (C). (2) Subsection (d) of section 5 of the Rail- averaging shall be adjusted for contribu- (5) Section 414(w)(5) of the 1986 Code is road Retirement Act (45 U.S.C. 231d) is re- tions, distributions, and expected earnings amended by striking ‘‘and’’ at the end of sub- pealed. (as determined by the plan’s actuary on the FFECTIVE DATES.— paragraph (B), by striking the period at the (b) E basis of an assumed earnings rate specified (1) SUBSECTION (a)(1).—The amendment end of subparagraph (C) and inserting a by the actuary but not in excess of the third made by subsection (a)(1) shall apply with re- comma, and by adding at the end the fol- segment rate applicable under subsection spect to payments due for months after Au- lowing: (h)(2)(C)(iii)), as specified by the Secretary.’’. ‘‘(D) a simplified employee pension the gust 2007. If, prior to the effective date of (b) AMENDMENTS RELATED TO SECTION terms of which provide for a salary reduction such amendment, payment pursuant to para- 1004.— arrangement described in section 408(k)(6), graph (2) of section 14(b) of the Railroad Re- (1) AMENDMENT OF ERISA.—Paragraph (2) of and tirement Act of 1974 (45 U.S.C. 231m(b)) was section 205(d) of ERISA is amended by adding ‘‘(E) a simple retirement account (as de- terminated because of the employee’s death, at the end the following: fined in section 408(p)).’’. payment to the former spouse may be rein- ‘‘(C) Notwithstanding subparagraph (B), (6) Section 414(w)(6) of the 1986 Code is stated for months after August 2007. the applicable percentage is any percentage amended by inserting ‘‘or for purposes of ap- (2) SUBSECTION (a)(2).—The amendment greater than or equal to 662⁄3 percent but not plying the limitation under section 402(g)(1)’’ made by subsection (a)(2) shall take effect more than 75 percent if— before the period at the end. upon the date of the enactment of this Act. ‘‘(i) the plan is a defined contribution plan (c) AMENDMENTS RELATED TO SECTION 903.— SEC. 12. AMENDMENTS RELATED TO TITLE XI. maintained for its employees by an employer (1) AMENDMENT OF 1986 CODE.—Section (a) AMENDMENT RELATED TO SECTION 1104.— which is either exempt from tax under sec- 414(x)(1) of the 1986 Code is amended by add- Section 1104(d)(1) of the 2006 Act is amended tion 501(a) of the Internal Revenue Code of ing at the end of paragraph (1) the following by striking ‘‘Act’’ the first place it appears 1986 or aggregated under subsection (b), (c), new sentence: ‘‘In the case of a termination and inserting ‘‘section’’. (m), or (o) of section 414 of such Code with an of the defined benefit plan and the applicable (b) AMENDMENTS RELATED TO SECTION organization that is exempt from tax under defined contribution plan forming part of an 1105.—Section 3304(a) of the 1986 Code is section 501(a) of such Code, eligible combined plan, the plan adminis- amended— ‘‘(ii) the survivor annuity percentage for trator shall terminate each such plan sepa- (1) in paragraph (15)— the plan’s qualified joint and survivor annu- rately.’’ (A) by redesignating clauses (i) and (ii) of ity is 50 percent, and (2) AMENDMENTS OF ERISA.—Section 210(e) subparagraph (A) as subclauses (I) and (II), ‘‘(iii) each participant may elect (subject of ERISA is amended— (B) by redesignating subparagraphs (A) and to the requirements of subsection (a)) an an- (A) by adding at the end of paragraph (1) (B) as clauses (i) and (ii), nuity for the life of the participant with a the following new sentence: ‘‘In the case of a (C) by striking the semicolon at the end of survivor annuity for the life of the spouse termination of the defined benefit plan and clause (ii) (as so redesignated) and inserting which is equal to 100 percent of the amount the applicable defined contribution plan ‘‘, and’’, of the annuity which is payable during the forming part of an eligible combined plan, (D) by striking ‘‘(15)’’ and inserting joint lives of the participant and spouse and the plan administrator shall terminate each ‘‘(15)(A) subject to subparagraph (B),’’, and which is the actuarial equivalent of a single such plan separately.’’, and (E) by adding at the end the following: annuity for the life of the participant.’’. (B) by striking paragraph (3) and by redes- ‘‘(B) the amount of compensation shall not (2) AMENDMENT OF 1986 CODE.—Subsection ignating paragraphs (4), (5), and (6) as para- be reduced on account of any payments of (g) of section 417 of the 1986 Code is amended graphs (3), (4), and (5), respectively. governmental or other pensions, retirement by adding at the end the following:

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16055 ‘‘(3) ALTERNATIVE METHOD OF COMPLI- JOHN SIDNEY ‘SID’ FLOWERS POST were read the third time and passed, en ANCE.—Notwithstanding paragraph (2), the OFFICE BUILDING bloc. applicable percentage is any percentage greater than or equal to 662⁄3 percent but not The bill (H.R. 3470) to designate the more than 75 percent if— facility of the United States Postal f ‘‘(A) the plan is a defined contribution plan Service located at 744 West Oglethorpe maintained for its employees by an employer Highway in Hinesville, Georgia, as the TO AMEND THE CONGRESSIONAL which is either exempt from tax under sec- ‘‘John Sidney ‘Sid’ Flowers Post Office ACCOUNTABILITY ACT OF 1995 tion 501(a) or aggregated under subsection Building,’’ was considered, ordered to a Mr. REID. Mr. President, I ask unan- (b), (c), (m), or (o) of section 414 with an or- third reading, read the third time, and ganization that is exempt from tax under imous consent the Senate proceed to section 501(a), passed. H.R. 3571. ‘‘(B) the survivor annuity percentage for f The ACTING PRESIDENT pro tem- the plan’s qualified joint and survivor annu- BEATRICE E. WATSON POST pore. The clerk will report the bill by ity is 50 percent, and title. ‘‘(C) each participant may elect (subject to OFFICE BUILDING The legislative clerk read as follows: the requirements of subsection (a)) an annu- The bill (H.R. 3569) to designate the A bill (H.R. 3571) to amend the Congres- ity for the life of the participant with a sur- facility of the United States Postal vivor annuity for the life of the spouse which sional Accountability Act of 1995 to permit is equal to 100 percent of the amount of the Service located at 16731 Santa Ana Av- individuals who have served as employees of annuity which is payable during the joint enue in Fontana, California, as the the Office of Compliance to serve as Execu- lives of the participant and spouse and which ‘‘Beatrice E. Watson Post Office Build- tive Director, Deputy Executive Director, or is the actuarial equivalent of a single annu- ing,’’ was considered, ordered to a third General Counsel of the Office, and to permit ity for the life of the participant.’’. reading, read the third time, and individuals appointed to such positions to SEC. 15. EFFECTIVE DATE. passed. serve one additional term. There being no objection, the Senate Except as otherwise provided in this Act, f the amendments made by this Act shall take proceeded to consider the bill. effect as if included in the provisions of the MARINE CORPS CORPORAL STE- Mr. REID. I ask unanimous consent 2006 Act to which the amendments relate. VEN P. GILL POST OFFICE the bill be read three times, passed, the f BUILDING motion to reconsider be laid on the The bill (H.R. 3974) to designate the table with no intervening action or de- MEASURES DISCHARGED facility of the United States Postal bate, and any statements be printed in Mr. REID. Mr. President, I ask unan- Service located at 797 Sam Bass Road the RECORD. imous consent that the Homeland Se- in Round Rock, Texas, as the ‘‘Marine The ACTING PRESIDENT pro tem- curity and Governmental Affairs Com- Corps Corporal Steven P. Gill Post Of- pore. Without objection, it is so or- mittee be discharged en bloc from con- fice Building,’’ was considered, ordered dered. sideration of the following and that the to a third reading, read the third time, The bill (H.R. 3571) was ordered to be Senate then proceed en bloc to their and passed. read a third time, was read the third consideration: S. 2478, H.R. 3470, H.R. time and passed. f 3569, H.R. 3974, and H.R. 4009. The ACTING PRESIDENT pro tem- TURRILL POST OFFICE BUILDING f pore. Without objection, it is so or- A bill (H.R. 4009) to designate the fa- dered. cility of the United States Postal Serv- COMMISSION ON THE ABOLITION Mr. REID. Mr. President, I ask unan- ice located at 567 West Nepessing OF THE TRANSATLANTIC SLAVE imous consent the bills be read a third Street in Lapeer, Michigan, as the TRADE time, passed, the motions to reconsider ‘‘Turrill Post Office Building,’’ was be laid upon the table en bloc; that the Mr. REID. Mr. President, I ask unan- considered, ordered to a third reading, imous consent the Judiciary Com- consideration of these items appear read the third time, and passed. separately in the record with no inter- mittee be discharged from further con- vening action or debate. f sideration of H.R. 3432 and the Senate The ACTING PRESIDENT pro tem- GEORGE HOWARD, JR. FEDERAL proceed to its immediate consider- pore. Without objection, it is so or- BUILDING AND UNITED STATES ation. dered. COURTHOUSE The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- f dered. CAPTAIN JONATHAN D. NEAL SMITH FEDERAL BUILDING The clerk will report the bill by title. The legislative clerk read as follows: GRASSBAUGH POST OFFICE Mr. REID. Mr. President, I ask unan- imous consent the Environment and A bill (H.R. 3432) to establish the Commis- The bill (S. 2478) to designate the facility sion on the Abolition of the Transatlantic of the United States Postal Service located Public Works Committee be discharged Slave Trade. at 59 Colby Corner in East Hampstead, New en bloc from consideration of the fol- Hampshire, as the ‘‘Captain Jonathan D. lowing and the Senate then proceed en There being no objection, the Senate Grassbaugh Post Office’’, was considered, or- bloc to their consideration: H.R. 2011 proceeded to consider the bill. dered to be engrossed for a third reading, and H.R. 1045. Mr. REID. I ask unanimous consent a read the third time, and passed, as follows: The ACTING PRESIDENT pro tem- Lautenberg amendment at the desk be S. 2478 pore. Without objection, it is so or- agreed to, the bill, as amended, be read Be it enacted by the Senate and House of Rep- dered. a third time, passed, the motion to re- resentatives of the United States of America in There being no objection, the Senate consider be laid on the table with no Congress assembled, proceeded to consider the bills. intervening action or debate, and any SECTION 1. CAPTAIN JONATHAN D. GRASSBAUGH statements be printed in the RECORD. POST OFFICE BUILDING. Mr. REID. I ask unanimous consent the bills be read a third time, passed, The ACTING PRESIDENT pro tem- (a) DESIGNATION.—The facility of the pore. Without objection, it is so or- United States Postal Service located at 59 the motions to reconsider be laid on Colby Corner in East Hampstead, New Hamp- the table en bloc, and that the consid- dered. shire, shall be known and designated as the eration of these items appear sepa- The amendment (No. 3892) was agreed ‘‘Captain Jonathan D. Grassbaugh Post Of- rately in the RECORD with no inter- to, as follows: fice’’. vening action or debate. (Purpose: To strike the authorization of (b) REFERENCES.—Any reference in a law, The ACTING PRESIDENT pro tem- appropriations) map, regulation, document, paper, or other On page 15, strike lines 3 through 5. record of the United States to the facility re- pore. Without objection, it is so or- ferred to in subsection (a) shall be deemed to dered. The amendment was ordered to be be a reference to the ‘‘Captain Jonathan D. The bills (H.R. 2011 and H.R. 1045) engrossed and the bill to be read a Grassbaugh Post Office’’. were ordered to be read a third time, third time.

VerDate Aug 31 2005 07:02 Jan 11, 2008 Jkt 059060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~5\2007NE~2\COMPLE~1\S19DE7.REC S19DE7 mmaher on PRODPC24 with CONG-REC-ONLINE S16056 CONGRESSIONAL RECORD — SENATE December 19, 2007 The bill (H.R. 3432), as amended, was The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- read the third time and passed. pore. Without objection, it is so or- pore. Without objection, it is so or- f dered. dered. The resolution (S. Res. 389) was COMMEMORATING THE 25TH ANNI- f agreed to. VERSARY OF THE AIR FORCE MAKING TECHNICAL CORRECTIONS SPACE COMMAND The preamble was agreed to. The resolution, with its preamble, TO THE INTERNAL REVENUE CODE Mr. REID. Mr. President, I ask unan- reads as follows: Mr. REID. Mr. President, I ask unan- imous consent that the Committee on S. RES. 389 imous consent that the Senate proceed Armed Services be discharged from fur- to the consideration of H.R. 4839. ther consideration and the Senate pro- Whereas, on September 1, 1982, the United States Air Force created the United States The ACTING PRESIDENT pro tem- ceed to S. Res 389. pore. The clerk will report the bill by The ACTING PRESIDENT pro tem- Air Force Space Command to defend North America through its space and interconti- title. pore. Without objection, it is so or- nental ballistic missile operations; The legislative clerk read as follows: dered. Whereas 2007 marks the 25th year of excel- A bill (H.R. 4839) to amend the Internal The clerk will report the resolution lence and service of Air Force Space Com- Revenue Code of 1986 to make technical cor- by title. mand to the United States of America; rections, and for other purposes. The legislative clerk read as follows: Whereas the mission of Air Force Space A resolution (S. Res. 389) commemorating Command is to deliver trained and ready air- There being no objection, the Senate the 25th Anniversary of the United States men with unrivaled space capabilities to de- proceeded to consider the bill. Air Force Space Command headquartered at fend the United States; Mr. BAUCUS. Mr. President, in con- Peterson Air Force Base, Colorado. Whereas Air Force Space Command orga- nection with H.R. 4839, the Tax Tech- There being no objection, the Senate nizes, trains, and equips forces to supply nical Corrections Act of 2007, the non- proceeded to consider the resolution. combatant commanders with the space and partisan Joint Committee on Taxation intercontinental ballistic missile capabili- f ties to defend the United States and its na- is making available to the public a doc- ument that contains a technical expla- U.S. AIR FORCE SPACE COMMAND tional interests; Whereas Air Force Space Command’s nation of the bill. This technical expla- Mr. ALLARD. Mr. President, this ground-based radar and Defense Support Pro- nation expresses the Senate Finance year marks the 25th anniversary of the gram satellites monitor ballistic missile Committee’s understanding of the tax U.S. Air Force Space Command. In launches around the world to guard against a and other provisions of the bill and 1982, the U.S. Air Force created the surprise missile attack on North America; serves as a useful reference in under- U.S. Air Force Space Command to de- Whereas Air Force Space Command pro- standing the legislative intent behind fend North America through its space vides a significant portion of United States Strategic Command’s war fighting capabili- this important legislation. and intercontinental ballistic oper- I ask unanimous consent to have this ations. Since its creation, Air Force ties, including missile warning, strategic de- terrence, and space-based surveillance capa- technical explanation printed in the Space Command has become a leader in bilities; RECORD. defense capabilities. They provide a Whereas Air Force Space Command space There being no objection, the mate- significant portion of U.S. Strategic radar provide vital information on the loca- rial was ordered to be printed in the Command’s warfighting capabilities, tion of satellites and space debris for the Na- RECORD, as follows: including missile warning, strategic tion and the world; deterrence, and space-based surveil- Whereas the current war on terror requires I. TAX TECHNICAL CORRECTIONS ACT OF 2007 lance capabilities. They now monitor extensive use of space-based communica- The bill includes technical corrections to space radars providing vital informa- tions, global positioning systems, and mete- recently enacted tax legislation. Except as orological data to effectively prosecute mili- tion on the location of satellites and otherwise provided, the amendments made tary operations; by the technical corrections contained in the space debris for the Nation and the Whereas Air Force Space Command pro- bill take effect as if included in the original world. vides war fighters with ‘‘high ground’’ legislation to which each amendment re- Today, nearly 25 years after the es- through satellite communications and posi- lates. tablishment of U.S. Air Force Space tioning and timing data for ground and air Amendment Related to the Tax Relief and Command, space plays an even more operations and weapons delivery; Health Care Act of 2006 Whereas Air Force Space Command de- important role in national security. Individuals with long-term unused credits ployed helicopters to the Gulf Coast region The current war on terror requires ex- under the alternative minimum tax (Act sec. during the aftermath of Hurricane Katrina tensive use of space-based communica- 402 of Division A).—Under present law, an in- to deliver meals, water, and medical supplies dividual’s minimum tax credit allowable for tions, GPS and meteorological data to and to conduct search and rescue operations; any taxable year beginning after December effectively prosecute military oper- Whereas the work done by the men and 20, 2006, and before January 1, 2013, is not less ations. The United States relies on women of Air Force Space Command is vital than the ‘‘AMT refundable credit amount.’’ space for warfighting capabilities, mis- to our military, making the Nation more The AMT refundable credit amount is the combat effective and helping save lives every sile defense, and strategic deterrence. greater of (1) the lesser of $5,000 or the long- day; and Air Force Space Command has been a term unused minimum tax credit, or (2) 20 Whereas Air Force Space Command advo- leader in this area and remains a crit- percent of the long-term unused minimum cates space capabilities and systems for all ical component of national security. tax credit. The long-term unused minimum unified commands and military services, and I would also like to recognize the tax credit for any taxable year means the collectively provides space capabilities portion of the minimum tax credit attrib- men and women of Air Force Space America needs today and in the future: Now, utable to the adjusted net minimum tax for Command. Their hard work and dedica- therefore, be it taxable years before the 3rd taxable year im- tion provide vital support to our mili- Resolved, That the Senate— mediately preceding the taxable year (as- tary and the security of this Nation. (1) recognizes the contributions made by suming the credits are used on a first-in, Air Force Space Command to the security of They have been instrumental in dis- first-out basis). In the case of an individual the United States; and aster relief and homeland defense. I whose adjusted gross income for a taxable (2) commemorates Air Force Space Com- thank them for their service to the Na- year exceeds the threshold amount (within mand’s 25 years of excellence and service to tion. the meaning of section 151(d)(3)(C)), the AMT the Nation. Mr. President, I am proud ask that refundable credit amount is reduced by the the Senate unanimously pass this reso- Mr. REID. Mr. President, I suggest applicable percentage (within the meaning of lution today recognizing the contribu- the absence of a quorum. section 151(d)(3)(B)). The additional credit al- tions and achievements of Air Force The ACTING PRESIDENT pro tem- lowable by reason of this provision is refund- Space Command over the past 25 years. pore. The clerk will call the roll. able. Mr. REID. Mr. President, I ask unan- The legislative clerk proceeded to The provision amends the definition of the AMT refundable credit amount. The provi- imous consent that the resolution be call the roll. sion provides that the AMT refundable credit agreed to, the preamble be agreed to, Mr. REID. Mr. President, I ask unan- amount (before any reduction by reason of and the motions to reconsider be laid imous consent that the order for the adjusted gross income) is an amount (not in upon the table. quorum call be rescinded. excess of the long-term unused minimum tax

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16057 credit) equal to the greater of (1) $5,000, (2) 20 Contributions of fractional interests in for taxable years beginning after 2005 and be- percent of the long-term unused minimum tangible personal property (Act sec. 1218).— fore 2009, dividends, interest (including fac- tax credit, or (3) the AMT refundable credit The Act added an income tax provision pro- toring income which is treated as equivalent amount (if any) for the prior taxable year viding for treatment of contributions of frac- to interest under sec. 954(c)(1)(E)), rents, and (before any reduction by reason of adjusted tional interests in tangible personal prop- royalties received by one controlled foreign gross income). erty. A special valuation rule is provided corporation (‘‘CFC’’) from a related CFC are The provision may be illustrated by the under this rule that creates unintended con- not treated as foreign personal holding com- following example: Assume an individual, sequences under the estate and gift tax. The pany income to the extent attributable or whose adjusted gross income for all taxable provision therefore strikes the special valu- properly allocable to non-subpart F income years is less than the threshold amount, has ation rule for estate and gift tax purposes. of the payor (the ‘‘TIPRA look-through a long-term unused minimum tax credit for Time for assessment of penalty relating to rule’’). 2007 of $100,000 and has no other minimum substantial and gross valuation The provision clarifies the treatment of tax credits. The individual’s AMT refundable misstatements attributable to incorrect ap- deficits in earnings and profits. Under the credit amount under present law is $20,000 in praisals (Act section 1219).—Section 1219 of provision, the TIPRA look-through rule does 2007, $16,000 in 2008, $10,240 in 2009, $8,192 in the Act added a penalty for substantial and not apply to any interest, rent, or royalty to 2010, $6,554 in 2011, and $5,243 in 2012. Under gross valuation misstatements attributable the extent that such interest, rent, or roy- the provision, the individual’s AMT refund- to incorrect appraisals (Code sec. 6695A). alty creates (or increases) a deficit which able credit amount is $20,000 for 2007 (as First, the Act omitted to apply the penalty under section 952(c) may reduce the subpart under present law), and in each of the tax- with respect to substantial valuation F income of the payor or another CFC. The able years 2008 thru 2011 the AMT refundable misstatements for estate and gift tax pur- provision parallels the rule applicable to in- credit amount is also $20,000. The minimum poses, and the provision clarifies that the terest, rents, or royalties that would other- tax credit in 2012 is zero. penalty applies for such purposes. Second, in wise qualify for exclusion from foreign per- the cross references for the penalty, the lan- Amendments Related to Title XII of the Pension sonal holding company income under the guage of Code section 6696(d)(1), relating to Protection Act of 2006 (Provisions Relating ‘‘same country’’ exception (sec. 954(c)(3)(B)). the time period for assessment of the pen- to Exempt Organizations) Thus interest, rents, and royalties will be alty, was not properly described. The provi- treated as subpart F income, notwith- Tax-free distributions from individual re- sion adds a cross reference to section 6695A standing the general TIPRA look-through tirement plans for charitable purposes (Act in section 6696(d). sec. 1201).—Under the provision, when deter- Expansion of the base of tax on private rule, if the payment creates or increases a mining the portion of a distribution that foundation net investment income (Act sec. deficit of the payor corporation and that def- would otherwise be includible in income, the 1221).—The Act expands the base of the tax icit is from an activity that could reduce the otherwise includible amount is determined on net investment income of private founda- payor’s subpart F income under the accumu- as if all amounts were distributed from all of tions. lated deficit rule (sec. 952(c)(1)(B)), or could the individual’s IRAs. The provision clarifies that capital gains reduce the income of a qualified chain mem- Contributions of appreciated property by S from appreciation are included in this tax ber under the chain deficit rule (sec. corporations (Act sec. 1203).—Under present base. This clarification conforms the statu- 952(c)(1)(C)). For example, under the provi- law (sec. 1366(d)), the amount of losses and tory language to the technical explanation. sion, items that do not qualify for the ‘‘same deductions which a shareholder of an S cor- Public disclosure of information relating country’’ exception because they meet the poration may take into account in any tax- to unrelated business income tax returns terms of section 954(c)(3)(B) will also not able year is limited to the shareholder’s ad- (Act sec. 1225).—The Act added a provision qualify under the TIPRA look-through rule. justed basis in his stock and indebtedness of requiring that section 501(c)(3) organizations Modification of active business definition the corporation. The provision provides that make publicly available their unrelated busi- under section 355 (Act sec. 202).—The provi- this basis limitation does not apply to a con- ness income tax returns. However, as draft- sion revises Code sections 355(b)(2)(A) and tribution of appreciated property to the ex- ed, the requirement that, with respect to a 355(b)(3) to reflect that the provision modi- tent the shareholder’s pro rata share of the Form 990, an organization make publicly fying the active business definition that was contribution exceeds the shareholder’s pro available only the last three years of returns enacted by section 202 of the Act was made rata share of the adjusted basis of the prop- (sec. 6104(d)(2)) does not apply to disclosure permanent by section 410 of the Tax Relief erty. Thus, the basis limitation of section of Form 990–T, because Form 990–T is re- and Health Care Act of 2006. Conforming 1366(d) does not apply to the amount of de- quired by section 6011, not by section 6033. amendments are made as a result of this ductible appreciation in the contributed The provision clarifies that the 3-year limi- change. property. The provision does not apply to tation on making returns publicly available The provision clarifies that if a corpora- contributions made in taxable years begin- applies to Form 990–T. The provision clari- tion became a member of a separate affili- ning after December 31, 2007. fies that the IRS is required to make Form ated group as a result of one or more trans- For example, assume that in taxable year 990–T publicly available, subject to redaction actions in which gain or loss was recognized 2007, an S corporation with one shareholder procedures applicable to Form 990 under sec- in whole or in part, any trade or business makes a charitable contribution of a capital tion 6104(b). conducted by such corporation (at the time asset held more than one year with an ad- Donor advised funds (Act 1231).—The Act that such corporation became such a mem- justed basis of $200 and a fair market value imposed excise taxes in the event of certain ber) is treated for purposes of section of $500. Assume the shareholder’s adjusted taxable distributions (Code sec. 4966) and on 355(b)(2) as acquired in a transaction in basis of the stock (as determined under sec- the provision of certain prohibited benefits which gain or loss was recognized in whole or tion 1366(d)(1)(A)) is $300. For purposes of ap- (sec. 4967), but does not cross refer to these in part. Accordingly, such an acquisition is plying the limitation under section 1366(d) to provisions in the section 4962 definition of subject to the provisions of section the contribution, the limitation does not qualified first tier taxes for purposes of tax 355(b)(2)(C), and may qualify as an expansion apply to the $300 of appreciation and since abatement (though a cross reference to them of an existing active trade or business con- the $300 adjusted basis of the stock exceeds is included in section 4963). The provision ducted by the distributing corporation or the the $200 adjusted basis of the contributed adds a cross reference to them in Code sec- controlled corporation, as the case may be. property, the limitation does not apply at all tion 4962 (relating to abatement). The provision clarifies that the Treasury to the contribution. Thus, the shareholder is Excess benefit transactions involving sup- Department shall prescribe regulations that treated as making a $500 charitable contribu- porting organizations (Act sec. 1242).—New provide for the proper application of sections tion. The shareholder reduces the basis of Code section 4958(c)(3) provides that certain 355(b)(2)(B), (C), and (D) in the case of any the S corporation stock by $200 to $100 (pur- transactions involving supporting organiza- corporation that is tested for active business suant to section 1367(a)(2)). tions are treated as excess benefit trans- under the separate affiliated group rule, and Recapture of tax benefit for charitable actions for purposes of the intermediate that modify the application of section contributions of exempt use property not sanctions rules. Under the Code, certain or- 355(a)(3)(B) in the case of such a corporation used for an exempt use (Act sec. 1215).—The ganizations described in Code sections in a manner consistent with the purposes of Act permits a charitable deduction in the 501(c)(4), (5) or (6) are treated as supported the provision. amount of the fair market value (not the do- organizations, although they are not public The provision further clarifies that the nor’s basis) for tangible personal property if charities or safety organizations. The provi- rule regarding the application of the new an officer of the donee organization certifies sion provides that the excess benefit trans- rules to determine the continued qualifica- upon disposition of the donated property action rules of the Act generally do not tion under section 355 of a distribution that that the use of the property was related to apply to transactions between a supporting occurred before the effective date of the new the purpose or function constituting the organization and its supported organization rules, shall apply only if such application re- basis of the donee’s tax-exempt status. It that is described in section 501(c)(4), (5), or sults in continued qualification and is not was not intended that the donee’s use, (6). intended to require application of the new though so related, not also be substantial. Amendments Related to the Tax Increase Pre- rules in a manner that would disqualify any The provision adds to the certification re- vention and Reconciliation Act of 2005 distribution that satisfied the active busi- quirement that the officer certify that use of Look-through treatment and regulatory ness requirements of section 355 under prior the property by the donee was substantial. authority (Act sec. 103(b)).—Under the Act, law that was applicable to the distribution.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16058 CONGRESSIONAL RECORD — SENATE December 19, 2007 Computation of tax for individuals with in- native fuel (not in a mixture) credit is re- ject to the inland waterway tax (sec. 4042), come excluded under the foreign earned in- fundable. Code section 6427(i)(3) permits the Code inadvertently imposes the Leaking come exclusion (Act sec. 515).—The provision claims to be filed on a weekly basis with re- Underground Storage Tank Trust Fund tax a clarifies that in computing the tentative spect to alcohol, biodiesel, and alternative second time. Section 6430 prohibits the re- minimum tax on nonexcluded income, the fuel mixtures if certain requirements are fund of taxes imposed at the Leaking Under- computation of tax is made before reduction met. This rule, however, does not refer to the ground Storage Tank Trust Fund financing for the alternative minimum tax foreign tax alternative fuel credit (for alternative fuel rate, except in the case of fuel destined for credit. This conforms the computation of the not in a mixture). The provision clarifies export. The provision eliminates the imposi- tentative minimum tax to the computation that the same rules for filing claims with re- tion of the 0.1 cent tax a second time if the of the regular tax, so that both computa- spect to fuel mixtures apply to the alter- Leaking Underground Storage Tank Trust tions are made before the application of the native fuel credit. Fund financing tax rate previously was im- foreign tax credit. Definition of alternative fuel (Act sec. posed under section 4081. The provision per- The provision also corrects an error in 11113).—Code section 6426(d)(2) defines alter- mits a refund in the amount of the Leaking present law in the case where a taxpayer has native fuel to include ‘‘liquid hydrocarbons Underground Storage Tank Trust Fund fi- net capital gain in excess of taxable income. from biomass’’ for purposes of the alter- nancing rate if such tax was imposed a sec- Under the provision, if a taxpayer’s net cap- native fuel excise tax credit and payment ond time under 4041 or 4042 from October 1, ital gain (within the meaning of section 1(h)) provisions under sections 6426 and 6427. The 2005 through the date of enactment. The pro- exceeds taxable income, in computing the statute does not define liquid hydrocarbons, vision also clarifies that off-highway busi- tax on the taxable income as increased by which has led to questions as to whether it is ness use is not exempt from the Leaking Un- the excluded income, the amount of net cap- permissible for such a fuel to contain other derground Storage Tank Trust Fund Financ- ital gain which otherwise be taken into ac- elements, such as oxygen, or whether the ing rate. For administrative reasons associ- count is reduced by the amount of that ex- fuel must consist exclusively of hydrogen ated with collecting the tax, the off-highway cess. The excess first reduces the amount of and carbon. It was intended that biomass business use clarification is effective for fuel net capital gain without regard to qualified fuels such as fish oil, which is not exclu- sold for use or used after the date of enact- dividend income, and then qualified dividend sively made of hydrogen and carbon, qualify ment. income. Also, in computing adjusted net cap- for the credit. The provision changes the ref- Exemption from the Leaking Underground ital gain, unrecaptured section 1250 gain, and erence in section 6426 from ‘‘liquid hydro- Storage Tank Trust Fund financing rate for 28-percent rate gain, the amount of the ex- carbons’’ to ‘‘liquid fuel’’ for purposes of the aircraft and vessels engaged in foreign trade cess is treated in the same manner as an in- alternative fuel excise tax credit and pay- (Act sec. 1362).—Fuel supplied in the United crease in the long-term capital loss carried ment provisions. States for use in aircraft engaged in foreign to the taxable year. Amendments Related to the Energy Policy Act trade is exempt from U.S. customs duties Similar rules apply in computing the ten- of 2005 and internal revenue taxes, so long as, where tative minimum tax where a taxpayer’s net the aircraft is registered in a foreign State, Credit for production from advanced nu- capital gain exceeds the taxable excess. the State of registry provides substantially clear power facilities (Act sec. 1306).—The The provision is effective for taxable years reciprocal privileges for U.S.-registered air- provision clarifies that the national capacity beginning after December 31, 2006. craft. However, the Energy Policy Act of 2005 limitation of 6,000 megawatts represents the The following examples illustrate the pro- imposed, without exemption, the Leaking total number of megawatts that the Sec- vision: Underground Storage Tank Trust Fund fi- retary has authority to allocate under sec- Example 1.—For taxable year 2007, an un- nancing rate on all taxable fuels, except in married individual has $80,000 excluded from tion 45J. Clarify limitation on the credit of install- the case of export. As a result, aviation fuel gross income under section 911(a), $30,000 ing alternative fuel refueling property (Act is no longer exempt from the Leaking Under- gain from the sale of a capital asset held sec. 1342).—The present-law credit for quali- ground Storage Tank Trust Fund financing more than one year, and $20,000 deductions. fied alternative fuel vehicle refueling prop- rate. According to the State Department, al- The taxpayer’s taxable income is $10,000. erty for a taxable year is limited to $30,000 most all of the United States’ bilateral air Under the provision, the regular tax is the per property subject to depreciation, and services agreements contain provisions ex- excess of (i) the amount of tax computed $1,000 for other property (sec. 30C(b)). The empting from taxation all fuel supplied in under section 911(f)(1)(A)(i) on taxable in- provision clarifies that the $30,000 and $1,000 the territory of one party for use in the air- come of $90,000 ($10,000 taxable income plus limitations apply to all alternative fuel vehi- craft of the other party. The United States $80,000 excluded income), over (ii) the cle refueling property placed in service by has interpreted these provisions to prohibit amount of tax computed under section the taxpayer at a location. The provision is the taxation, in any form, of aviation fuel 911(f)(1)(A)(ii) on taxable income of $80,000 consistent with similar deduction limita- supplied in the United States to the aircraft (excluded income). In applying section 1(h) tions imposed under section 179A(b)(2)(A) (re- of airlines of the foreign countries that are to determine the tax under section lating to the deduction for clean-fuel vehi- parties to these air services agreements. The 911(f)(1)(A)(i), the net capital gain and the cles and certain refueling property). amendment provides that fuel for use in ves- adjusted net capital gain are each $10,000. In addition, Code section 30C(c)(1) provides sels (including civil aircraft) employed in The regular tax is $1,500, which is equal to a that qualified alternative fuel vehicle refuel- foreign trade or trade between the United tax at the rate of 15 percent on $10,000 of ad- ing property has the meaning given to the States and any of its possessions is exempt justed net capital gain. term by section 179A(d). However, section from the Leaking Underground Storage Example 2.—For taxable year 2007, an un- 179A(d) defines a different term. The provi- Tank Trust Fund financing rate. married individual has $90,000 excluded from sion modifies the language of section Amendments Related to the American Jobs Cre- gross income under section 911(a), $5,000 gain 30C(c)(1) to refer to the correct term. ation Act of 2004 from the sale of a capital asset held more Clarify that research eligible for the en- Interaction of rules relating to credit for than one year, $25,000 unrecaptured section ergy research credit is qualified research low sulfur diesel fuel (Act sec. 339).—Section 1250 gain, and $20,000 deductions. The tax- (Act sec. 1351).—The energy research credit 45H of the Code allows a credit at the rate of payer’s taxable income is $10,000. Under the is available with respect to certain amounts 5 cents per gallon for low sulfur diesel fuel provision, the regular tax is the excess of (i) paid or incurred to an energy research con- produced at certain small business refin- the amount of tax computed under section sortium. The provision clarifies that the eries. The aggregate credit with respect to 911(f)(1)(A)(i) on taxable income of $100,000 credit is available with respect to such any refinery is limited to 25 percent of the ($10,000 taxable income plus $90,000 excluded amounts paid or incurred to an energy re- costs of the type deductible under section income), over (ii) the amount of tax com- search consortium provided they are used for 179B of the Code. Section 179B allows a de- puted under section 911(f)(1)(A)(ii) on taxable energy research that is qualified research. duction for 75 percent of certain costs paid or income of $90,000 (excluded income). In ap- Double taxation of rail and inland water- incurred with respect to these refineries. The plying section 1(h) to determine the tax way fuel resulting from the use of dyed fuel basis of the property is reduced by the under section 911(f)(1)(A)(i), the net capital on which the Leaking Underground Storage amount of any credit determined with re- gain is $10,000. $5,000 is unrecaptured section Tank Trust Fund tax has already been im- spect to any expenditure (sec. 45H(d)). Fur- 1250 gain ($25,000 less $20,000) and $5,000 is ad- posed; off-highway business use (Act sec. ther, no deduction is allowed for the ex- justed net capital gain. The regular tax is 1362).—Section 4081(a)(2)(B) of the Code im- penses otherwise allowable as a deduction in $2,000, which is equal to a tax at the rate of poses tax at the Leaking Underground Stor- an amount equal to the amount of the credit 15 percent on $5,000 of adjusted net capital age Tank Trust Fund financing tax rate of under section 45H (sec. 280C(d)). The inter- gain and a tax at the rate of 25 percent on 0.1 cent per gallon on diesel fuel at the time action of these provisions is unclear, and the $5,000 of unrecaptured section 1250 gain. it is removed from a terminal. Section basis reduction and deduction denial rules Amendments Related to the Safe, Accountable, 4082(a) provides that none of the generally may have an unintentionally duplicative ef- Flexible, Efficient Transportation Equity applicable exemptions other than the exemp- fect. Under the provision, deductions are de- Act: A Legacy for Users tion for export apply to this removal even if nied in an amount equal to the amount of Timing of claims for excess alternative the fuel is dyed. When dyed fuel is used or the credit under section 45H, and the provi- fuel (not in a mixture) credit (Act sec. sold for use in a diesel powered highway ve- sions of present law reducing basis and deny- 11113).—Present law provides that the alter- hicle or train (sec. 4041), or such fuel is sub- ing a deduction are repealed.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16059 Eliminate the open-loop biomass segrega- by any taxable partner, (3) the transfer of the amount of unrecognized straddle period tion requirement in section 45(c)(3)(A)(ii) such property to the partnership does not re- gain in that offsetting position to the aggre- (Act sec. 710).—For purposes of the credit for sult in a change in use of such property, (4) gate amount of unrecognized straddle period electricity produced from certain renewable such property is necessary for the provision gain in all offsetting positions. The Act also resources, section 45(c)(3)(A)(ii) defines open- of government services, (5) a disproportion- provided that any loss described in section loop biomass to include any solid, nonhaz- ately large portion of the deductions for de- 1092(a)(2)(A)(ii) is not otherwise taken into ardous, cellulosic waste material or any preciation with respect to such property are account for Federal tax purposes. lignin material that is segregated from other allocated to one or more taxable partners The Act left unclear the treatment of a waste materials, and that meets other re- relative to such partner’s risk of loss with loss on a position in an identified straddle in quirements. The Act added municipal solid respect to such property or to such partner’s at least two circumstances: first, when there waste to the category of qualified energy re- allocation of other partnership items, and (6) are no offsetting positions in the identified sources giving rise to the credit. Thus, both amounts payable on behalf of the tax-exempt straddle with unrecognized straddle period open-loop biomass and municipal solid waste partner relating to the property are defeased gain, and, second, when an offsetting posi- can be treated as qualified energy resources. or funded by set-asides or expected set- tion in the identified straddle is or has been The provision therefore strikes the require- asides. It is intended that Treasury regula- a liability to the taxpayer. ment that open-loop biomass be segregated tions or guidance may provide additional The provision addresses the treatment of from other waste materials in order to be factors that can be taken into account in de- losses in these two circumstances. In gen- treated as qualified energy resources. termining whether a partnership with tax- eral, the provision reaffirms that a loss on a Clarification of proportionate limitation able and tax-exempt partners is an arrange- position in an identified straddle is not per- applicable to closed-loop biomass (Act sec. ment that resembles a lease of property mitted to be recognized currently and also is 710).—Section 45(d)(2)(B)(ii) provides that under which section 470 defers the allowance not permanently disallowed. when closed-loop biomass is co-fired with of losses. The provision provides that if the applica- other fuels, the credit is limited to the oth- The provision is effective as if included in tion of section 1092(a)(2)(A)(ii) does not re- erwise allowable credit multiplied by the the provision of the American Jobs Creation sult in a basis increase in any offsetting po- ratio of the thermal content of the closed- Act of 2004 to which it relates. It is not in- sition in the identified straddle (because loop biomass to the thermal content of all tended that the provision supercede the rules there is no unrecognized straddle period gain fuel used. This limitation duplicates a simi- set forth by the Treasury Department in No- in any offsetting position), the basis of each lar limitation in section 45(a), which pro- tice 2005–29, 2005–13 I.R.B. 796, Notice 2006–2, offsetting position in the identified straddle vides that the credit is equal to 1.5 cents 2006–2 I.R.B. 1, and Notice 2007–4, 2007–1 I.R.B. must be increased in a manner that (1) is multiplied by the kilowatt hours of elec- 260, with respect to the application of section reasonable, is consistent with the purposes tricity produced by the taxpayer from quali- 470 in the case of partnerships for taxable of the identified straddle rules, and is con- fied energy resources (and meeting other cri- years of partnerships beginning in 2004, 2005, sistently applied by the taxpayer, and (2) al- teria). The present-law section 45(a) rule has and 2006. These notices state that the Inter- locates to offsetting positions the full the effect of limiting the credit (or duration nal Revenue Service will not apply section amount of the loss (but no more than the full of the credit) to the appropriate portion of 470 to disallow losses associated with prop- amount of the loss). At the time a taxpayer the fuel that constitutes qualified energy re- erty that is treated as tax-exempt use prop- adopts an allocation method under this rule, sources, in the situations in which qualified erty solely as a result of the application of the taxpayer is expected to describe that energy resources are permitted to be co-fired section 168(h)(6), and that abusive trans- method in its books and records. with each other, or are permitted to be co- actions involving partnerships an other pass- Under the provision, unless the Secretary fired with other fuels. The provision clarifies through entities remain subject to challenge of the Treasury provides otherwise, similar that the limitation applies only once, not by the Internal Revenue Service under other rules apply for purposes of the identified twice, to closed-loop biomass co-fired with provisions of the tax law. Accordingly, for straddle rules when there is a loss on a posi- other fuels, by striking the duplicate limita- partnership taxable years beginning in 2004, tion in an identified straddle and an offset- tion in section 45(d)(2)(B)(ii). 2005, and 2006, the Internal Revenue Service ting position in the identified straddle is or Treatment of partnerships under the limi- may apply section 470 to a partnership that has been a liability or an obligation (includ- tation on deductions allocable to property would be treated as a lease under section ing, for instance, a debt obligation issued by used by governments or other tax-exempt en- 7701(e)(2). the taxpayer, a written option, or a notional tities (Act sec. 848).—Code section 470 gen- Treatment of losses on positions in identi- principal contract entered into by the tax- erally applies loss deferral rules in the case fied straddles (Act sec. 888).—Under Code sec- payer). Under this rule, if a taxpayer, for ex- of property leased to tax-exempt entities. tion 1092, the term ‘‘straddle’’ means offset- ample, receives $1 to enter into a five-year This rule applies with respect to tax-exempt ting positions in actively traded personal short forward contract and the next day $100 use property, which for this purpose gen- property. Generally, a loss on a position in a of loss is allocated to that position, the re- erally has the meaning given to the term by straddle may be recognized only to the ex- sulting basis of the contract is $99. section 168(h) (with exceptions specified in tent the amount of the loss exceeds the un- Under present law, a straddle is treated as section 470(c)(2)). The manner of application recognized gain (if any) in offsetting posi- an identified straddle only if, among other of section 470 in the case of property owned tions in the straddle (sec. 1092(a)(1)(A)). Spe- requirements, it is clearly identified on the by a partnership in which a tax-exempt enti- cial rules for identified straddles provide a taxpayer’s records as an identified straddle ty is a partner is unclear. different treatment of losses and also provide before the earlier of (1) the close of the day The provision provides that tax-exempt use that any position that is not part of an iden- on which the straddle is acquired, or (2) a property does not include any property that tified straddle is not treated as offsetting time that the Secretary of the Treasury may would be tax-exempt use property solely by with respect to any position that is part of prescribe by regulations. The provision clari- reason of section 168(h)(6). The provision re- the identified straddle. A taxpayer is per- fies that for purposes of this identification fers to section 7701(e) for circumstances in mitted to treat a straddle as an identified requirement, a straddle is clearly identified which a partnership is treated as a lease to straddle only if, among other requirements, only if the identification includes an identi- which section 168(h) applies. Thus, if a part- the straddle is not part of a larger straddle. fication of the positions in the straddle that nership is recharacterized as a lease pursu- Before the enactment of the Act, the rules are offsetting with respect to other positions ant to section 7701(e), and a provision of sec- for treating a straddle as an identified strad- in the straddle. Consequently, taxpayers are tion 168(h) (other than section 168(h)(6)) ap- dle required that all the positions of the required to identify not only the positions plies to cause the property characterized as straddle were acquired on the same day and that make up an identified straddle but also leased to be treated as tax-exempt use prop- either that all of the positions were disposed which positions in that identified straddle erty, then the loss deferral rules of section of on the same day in a taxable year or that are offsetting with respect to one another. 470 apply. none of the positions were disposed of as of The offsetting positions identification re- Under section 7701(e)(2), a partnership may the close of the taxable year. A loss on a po- quirement added by the provision is effective be treated as a lease, taking into account all sition in an identified straddle was not sub- for straddles acquired after the date of en- relevant factors, including factors similar to ject to the loss deferral rule described above actment. those set forth in section 7701(e)(1) (relating but instead was taken into account when all The provision provides that regulations or to service contracts treated as leases). In the the positions making up the straddle were other guidance prescribed by the Secretary case of property of a partnership in which a disposed of. for carrying out the purposes of the identi- tax-exempt entity is a partner, factors simi- The Act changed the rules for identified fied straddle rules may include the rules for lar to those in section 7701(e)(1) (and in the straddles by providing, among other things, the application of section 1092 to a position legislative history of that section) that are that if there is a loss on a position in an that is or has been a liability or an obliga- relevant in determining whether a partner- identified straddle, the loss is applied to in- tion. Regulations or other guidance also may ship is properly treated as a lease of property crease the basis of the offsetting positions in include safe harbor basis allocation methods held by the partnership include (1) a tax-ex- that identified straddle. Under section that satisfy the requirements that an alloca- empt partner maintains physical possession 1092(a)(2)(A)(ii), the basis of each offsetting tion other than under section 1092(a)(2)(A)(ii) or control or holds the benefits and burdens position in an identified straddle is increased must be reasonable, consistent with the pur- of ownership with respect to such property, by an amount that equals the product of the poses of the identified straddle rules, and (2) there is insignificant equity investment amount of the loss multiplied by the ratio of consistently applied by the taxpayer.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16060 CONGRESSIONAL RECORD — SENATE December 19, 2007 Amendments Related to the Economic Growth be laid upon the table, and that any FISA, and then we can to go this bill Tax Relief Reconciliation Act of 2001 statements be printed in the RECORD. that I just got consent on dealing with Application of special elective deferral The ACTING PRESIDENT pro tem- energy. limit to designated Roth contributions (Act pore. Without objection, it is so or- f sec. 617).—Code section 402(g)(7) provides a dered. special rule allowing certain employees to The bill (H.R. 4389) was ordered to be MEASURE READ THE FIRST make additional elective deferrals to a tax- TIME—H.R. 4040 sheltered annuity, subject to (1) an annual read a third, was read the third time, limit of $3,000, and (2) a cumulative limit of and passed. Mr. REID. There is a bill at the desk $15,000 minus the amount of additional elec- f due for its first reading. It is the con- tive deferrals made in previous years under sumer product commission. the special rule. Present law provides a rule AUTHORITY FOR COMMITTEES TO The ACTING PRESIDENT pro tem- to coordinate the cumulative limit with the REPORT pore. The clerk will report. ability to make designated Roth contribu- Mr. REID. Mr. President, I ask unan- tions, but inadvertently reduces the $15,000 The legislative clerk read as follows: amount by all designated Roth contributions imous consent that during the recess A bill (H.R. 4040) to establish consumer made in previous years. The provision clari- or adjournment of the Senate, Senate product safety standards and other safety re- fies that the $15,000 amount is reduced only committees may file committee-re- quirements for children’s products and to re- by additional designated Roth contributions ported Legislative and Executive Cal- authorize and modernize the Consumer Prod- made under the special rule. endar business on Tuesday, January 8, uct Safety Commission. Application of FICA taxes to designated during the hours of 10 a.m. to 12 noon. Mr. REID. I now ask for its second Roth contributions (Act sec. 617).—Under The ACTING PRESIDENT pro tem- reading and, in order to place the bill Code section 3121(v)(1)(A), elective deferrals on the calendar under the provisions of are included in wages for purposes of social pore. Without objection, it is so or- security and Medicare taxes. The provision dered. rule XIV, I object to my own request. clarifies that wage treatment applies also to f The ACTING PRESIDENT pro tem- elective deferrals that are designated as pore. Objection is heard. Roth contributions. APPOINTMENT AUTHORIZATION The bill will receive its second read- Amendments Related to the Tax Relief Exten- Mr. REID. Mr. President, I ask unan- ing on the next legislative day. sion Act of 1999 imous consent that notwithstanding Mr. REID. I suggest the absence of a Renewable electricity sold to utilities the recess or adjournment of the Sen- quorum. under certain contracts (Act sec. 507).—Code ate, the President of the Senate, the The ACTING PRESIDENT pro tem- section 45(e)(7) provides that a wind energy President pro tempore, and the major- pore. The clerk will call the roll. facility placed in service by the taxpayer ity and minority leaders be authorized The legislative clerk proceeded to after June 30, 1999, does not qualify for the call the roll. section 45 production tax credit if the elec- to make appointments to commissions, tricity generated at the facility is sold to a committees, boards, conferences, or Mr. REID. Mr. President, I ask unan- utility pursuant to certain pre-1987 con- interparliamentary conferences au- imous consent that the order for the tracts. The provision clarifies that facilities thorized by law, by concurrent action quorum call be rescinded. placed in service prior to June 30, 1999, that of the two Houses, or by order of the The ACTING PRESIDENT pro tem- sell electricity under applicable pre-1987 con- Senate. pore. Without objection, it is so or- tracts are not denied the section 45 produc- The ACTING PRESIDENT pro tem- dered. tion tax credit solely by reason of a change pore. Without objection, it is so or- in ownership after June 30, 1999. f dered. Treatment of income and services provided H.R. 1216 AND H.R. 1254 by taxable REIT subsidiaries (Act sec. 542).— f The provision clarifies that the transient Mr. REID. Mr. President, I have two basis language in the definition of a lodging UNANIMOUS CONSENT consent requests that I have been facility applies only in determining whether AGREEMENT—S. 1200 asked to propound on behalf of Mem- an establishment other than a hotel or motel Mr. REID. Mr. President, I ask unan- bers on our side. These two bills are qualifies as a lodging facility. imous consent that on Tuesday, Janu- very important. There are objections Amendment Related to the Internal Revenue ary 22, 2008, following a period of morn- on the Republican side. I would pro- Service Restructuring and Reform Act of ing business, the Senate then proceed pound the requests, but I have been 1998 to the consideration of Calendar No. told the Republicans would have to Redactions for background documents re- 421, S. 1200, the Indian health legisla- bring somebody here, and there would lated to Chief Counsel Advice documents (Act sec. 3509).—The Internal Revenue Serv- tion. be an objection, so I am not going to ice Restructuring and Reform Act of 1998 es- The ACTING PRESIDENT pro tem- make that necessary. tablished a structured process by which the pore. Without objection, it is so or- The bills are H.R. 1216, Kids and Cars IRS makes certain work products, des- dered. Safety Act of 2007, and H.R. 1254, the ignated Chief Counsel advice (‘‘CCA’’), open f Presidential Library bill. These two to public inspection. To afford additional pieces of legislation are important to protection for certain governmental inter- UNANIMOUS CONSENT Senators CLINTON and LIEBERMAN. ests implicated by CCAs, section 6110(i)(3) AGREEMENT—S. 2483 I would like to announce today that governs redactions that may be made to CCAs, including the exemptions or exclu- Mr. REID. Mr. President, I ask unan- when the Senate returns for business in sions available under the Freedom of Infor- imous consent the Senate proceed to January, we will ask the consents mation Act, 5 U.S.C. 552(b) and (c) (except Calendar No. 546, S. 2483, the energy again, and I hope at that time the mi- that the provision for redaction under a Fed- lands bills, at a time to be determined nority, who are now objecting, will not eral statute excludes Title 26), as well as the by the majority leader, following con- be here to lodge those objections. exemptions pertaining to taxpayer identity sultation with the Republican leader, information described in section 6110(c)(1). f and that when considered, it be consid- Section 6110(i)(3) does not expressly address THANKING SENATOR CASEY redactions to the ‘‘background file docu- ered under the following limitations: ments’’ related to a CCA. The provision that the only amendments in order be Mr. REID. Mr. President, so it does clarifies that the CCA background file docu- five related amendments to be offered not pass my mind, I want to express ments are governed by the same redactions by Senator COBURN; that upon disposi- the appreciation of everyone involved as CCAs. tion of all amendments, the bill be read here for the Presiding Officer spending Clerical corrections a third time, and the Senate proceed to so much time here today. We thought The bill includes a number of clerical and vote on passage of the bill. we would be out of here by 3 o’clock conforming amendments, including amend- The ACTING PRESIDENT pro tem- this afternoon. It is 8:30, and we are ments correcting typographical errors. pore. Without objection, it is so or- still not finished our work. Mr. REID. Mr. President, I ask unan- dered. I can remember when I was a new imous consent that the bill be read Mr. REID. I mentioned this morning Member of the House of Representa- three times, the motion to reconsider that we are going to do Indian health, tives, and it was a time about like this,

VerDate Aug 31 2005 07:02 Jan 11, 2008 Jkt 059060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~5\2007NE~2\COMPLE~1\S19DE7.REC S19DE7 mmaher on PRODPC24 with CONG-REC-ONLINE December 19, 2007 CONGRESSIONAL RECORD — SENATE S16061 and I was asked to preside. Now, re- DEPARTMENT OF HOMELAND SECURITY Colonel Ralph O. Baker, 0000 member, there are 435 Members of the Julie L. Myers, of Kansas, to be Assistant Colonel Allen W. Batschelet, 0000 House of Representatives, and I was a Secretary of Homeland Security. Colonel Peter C. Bayer, Jr., 0000 Colonel Arnold N.G. Bray, 0000 freshman. Oh, was I happy—a great big FEDERAL EMERGENCY MANAGEMENT AGENCY Colonel Jeffrey S. Buchanan, 0000 podium and a great big gavel, which I W. Ross Ashley, III, of Virginia, to be an Colonel Robert A. Carr, 0000 did not have to use. I would not have Assistant Administrator of the Federal Colonel Gary H. Cheek, 0000 known how to anyway. But I look back Emergency Management Agency, Depart- Colonel Kendall P. Cox, 0000 with a lot of fond memories to that 25 ment of Homeland Security. Colonel William T. Crosby, 0000 years ago. DEPARTMENT OF COMMERCE Colonel Anthony G. Crutchfield, 0000 But we appreciate the Senator being Todd J. Zinser, of Virginia, to be Inspector Colonel Joseph P. Disalvo, 0000 here today. Most of this work of this General, Department of Commerce. Colonel Brian J. Donahue, 0000 Colonel Patrick J. Donahue, II, 0000 Senate is completed, and we have to DEPARTMENT OF HEALTH AND HUMAN SERVICES Colonel Peter N. Fuller, 0000 have someone who is presiding. The Benjamin Eric Sasse, of Nebraska, to be an Colonel William K. Fuller, 0000 Senator has been very patient with all Assistant Secretary of Health and Human Colonel Walter M. Golden, Jr., 0000 of us. We appreciate it very much. But Services. Colonel Patrick M. Higgins, 0000 this speaks of who you are. You are al- Christina H. Pearson, of Maryland, to be Colonel Frederick B. Hodges, 0000 ways a very patient person. I am grate- an Assistant Secretary of Health and Human Colonel Brian R. Layer, 0000 Services. ful to you, as we all are. Colonel Richard C. Longo, 0000 I suggest the absence of a quorum. FEDERAL ENERGY REGULATORY COMMISSION Colonel Alan R. Lynn, 0000 The ACTING PRESIDENT pro tem- Jon Wellinghoff, of Nevada, to be a Mem- Colonel David L. Mann, 0000 Colonel Lloyd Miles, 0000 pore. The clerk will call the roll. ber of the Federal Energy Regulatory Com- mission for the term expiring June 30, 2013. Colonel Mark A. Milley, 0000 The assistant legislative clerk pro- DEPARTMENT OF DEFENSE Colonel John W. Nicholson, Jr., 0000 ceeded to call the roll. Colonel Henry J. Nowak, 0000 Mr. REID. Mr. President, I ask unan- James Shinn, of New Jersey, to be an As- Colonel Raymond P. Palumbo, 0000 imous consent that the order for the sistant Secretary of Defense. Colonel Gary S. Patton, 0000 Mary Beth Long, of Virginia, to be an As- quorum call be rescinded. Colonel Mark W. Perrin, 0000 sistant Secretary of Defense. Colonel William E. Rapp, 0000 The ACTING PRESIDENT pro tem- John H. Gibson, of Texas, to be an Assist- pore. Without objection, it is so or- Colonel Thomas J. Richardson, 0000 ant Secretary of the Air Force. Colonel Steven L. Salazar, 0000 Craig W. Duehring, of Minnesota, to be an dered. Colonel Raymond A. Thomas, III, 0000 Assistant Secretary of the Air Force. f Colonel Paul L. Wentz, 0000 IN THE AIR FORCE Colonel Larry D. Wyche, 0000 NOMINATIONS STATUS QUO The following named officer for appoint- The following named officer for appoint- Mr. REID. Mr. President, as in execu- ment in the United States Air Force to the ment in the United States Army to the grade tive session, I ask unanimous consent grade indicated while assigned to a position indicated while assigned to a position of im- that, the provisions of rule XXXI not- of importance and responsibility under title portance and responsibility under title 10, withstanding, all nominations remain 10, U.S.C., section 601: U.S.C., section 601: in status quo except the following: To be general To be lieutenant general from the Armed Services Committee, Lt. Gen. Roger A. Brady, 0000 Lt. Gen. R. Steven Whitcomb, 0000 Colonels Larry Arnett, Otis Morris, The following named officer for appoint- The following named officer for appoint- and Gilberto Pena to be brigadier gen- ment in the United States Air Force to the ment in the United States Army to the grade erals; Colonel Marc L. Warren to be grade indicated while assigned to a position indicated under title 10, U.S.C., section 624: brigadier general; Colonel Mark W. of importance and responsibility under title To be major general 10, U.S.C., section 601: Tillman to be brigadier general; Anita Brig. Gen. John A. Macdonald, 0000 K. Blair, of Virginia, to be an Assistant To be lieutenant general The following named officer for appoint- Secretary of the Navy; from the Com- Maj. Gen. Richard Y. Newton, III, 0000 ment in the United States Army to the grade mittee on the Judiciary, Steven G. The following named officer for appoint- indicated under title 10, U.S.C., sections 624 Bradbury, of Maryland, to be an Assist- ment in the United States Air Force to the and 3064: ant Attorney General. grade indicated under title 10, U.S.C., section To be brigadier general 624: The ACTING PRESIDENT pro tem- Col. Dana K. Chipman, 0000 pore. Is there objection? To be brigadier general The following Army National Guard of the Without objection, it is so ordered. Col. Walter D. Givhan, 0000 United States officer for appointment in the Reserve of the Army to the grade indicated f The following named officer for appoint- ment in the United States Air Force to the under title 10, U.S.C., section 12203: EXECUTIVE SESSION grade indicated while assigned to a position To be major general of importance and responsibility under title Brig. Gen. Dennis L. Celletti, 0000 10, U.S.C., section 601: The following named officer for appoint- EXECUTIVE CALENDAR To be lieutenant general ment in the United States Army to the grade Mr. REID. Mr. President, I ask unan- Maj. Gen. William L. Shelton, 0000 indicated while assigned to a position of im- imous consent that the Senate proceed The following Air National Guard of the portance and responsibility under title 10, U.S.C., section 601: to executive session to consider Execu- United States officer for appointment in the tive Calendar Nos. 117, 372, 377, 393, 408, Reserve of the Air Force to the grade indi- To be lieutenant general 409, 411, 412 through 427, 433 through cated under title 10, U.S.C., section 12203: Lt. Gen. David P. Valcourt, 0000 438, and all the nominations on the To be brigadier general DEPARTMENT OF TRANSPORTATION Secretary’s desk; that the nominations Col. Allyson R. Solomon, 0000 Francis Mulvey, of Maryland, to be a Mem- be confirmed, the motions to recon- The following named officers for appoint- ber of the Surface Transportation Board for ment in the United States Air Force to the a term expiring December 31, 2012. sider be laid on the table, and the Carl T. Johnson, of Virginia, to be Admin- grade indicated under title 10, U.S.C., section President be immediately notified of istrator of the Pipeline and Hazardous Mate- 624: the Senate’s action. rials Safety Administration, Department of The ACTING PRESIDENT pro tem- To be brigadier general Transportation. pore. Is there objection? Col. Christopher F. Burne, 0000 IN THE COAST GUARD Without objection, it is so ordered. Col. Dwight D. Creasy, 0000 The following named officer for appoint- The nominations considered and con- IN THE ARMY ment in the United States Coast Guard Re- firmed are as follows: The following named officers for appoint- serve to the grade indicated under title 10, U.S.C., section 12203: FEDERAL ENERGY REGULATORY COMMISSION ment to the grade indicated in the United States Army under title 10, U.S.C., section Joseph Timothy Kelliher, of the District of To be rear admiral 624: Columbia, to be a Member of the Federal En- Rear Adm. (lh) Michael R. Seward, 0000 ergy Regulatory Commission for the term To be brigadier general The following named officers for appoint- expiring June 30, 2012. Colonel Robert B. Abrams, 0000 ment in the United States Coast Guard to

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16062 CONGRESSIONAL RECORD — SENATE December 19, 2007 the grade indicated under title 14, U.S.C., PN1094 ARMY nominations (3) beginning Senate and appeared in the Congressional section 271: RICKY A. THOMAS, and ending JOSEPH Record of December 6, 2007. To be rear admiral (lower half) PUSKAR, which nominations were received PN1120 COAST GUARD nomination of Ray- by the Senate and appeared in the Congres- mond S. Kingsley, which was received by the Capt. Joseph R. Castillo, 0000 sional Record of December 3, 2007. Senate and appeared in the Congressional Capt. Daniel R. May, 0000 PN1095 ARMY nomination of Tarnjit S. Record of December 6, 2007. Capt. Peter V. Neffenger, 0000 Saini, which was received by the Senate and NATIONAL OCEANIC AND ATMOSPHERIC Capt. Charles W. Ray, 0000 appeared in the Congressional Record of De- ADMINISTRATION The following named officers for appoint- cember 3, 2007. ment in the United States Coast Guard to PN1096 ARMY nomination of Bockarie PN1014 NATIONAL OCEANIC AND AT- the grade indicated under title 14, U.S.C., Sesay, which was received by the Senate and MOSPHERIC ADMINISTRATION nomina- section 271: appeared in the Congressional Record of De- tions (16) beginning Llian G. K Breen, and To be rear admiral cember 3, 2007. ending Anna-Elizabeth B. Villard-Howe, PN1097 ARMY nomination of Deborah which nominations were received by the Sen- Rear Adm. (1h) William D. Baumgartner, 0000 Minnickshearin, which was received by the ate and appeared in the Congressional Rear Adm. (1h) Manson K. Brown, 0000 Senate and appeared in the Congressional Record of November 1, 2007. Rear Adm. (1h) Cynthia A. Coogan, 0000 Record of December 3, 2007. IN THE NAVY DEPARTMENT OF HOMELAND SECURITY PN1098 ARMY nomination of Stephen L. PN1061 NAVY nomination of Horace E. Gil- Robert D. Jamison, of Virginia, to be an Franco, which was received by the Senate christ, which was received by the Senate and Under Secretary of Homeland Security. and appeared in the Congressional Record of appeared in the Congressional Record of No- NOMINATIONS PLACED ON THE SECRETARY’S December 3, 2007. PN1099 ARMY nomination of George vember 15, 2007. DESK Quiroa, which was received by the Senate PN1106 NAVY nominations (15) beginning IN THE AIR FORCE and appeared in the Congressional Record of RICHARD W. SISK, and ending JOHN T. PN1121 AIR FORCE nomination of Joseph December 3, 2007. SCHOFIELD, which nominations were re- V. Treanor III, which was received by the PN1100 ARMY nominations (4) beginning ceived by the Senate and appeared in the Senate and appeared in the Congressional DAVID N. GERESKI, and ending CLINT E. Congressional Record of December 3, 2007. Record of December 6, 2007. WALKER, which nominations were received PN1150 NAVY nominations (23) beginning PN1122 AIR FORCE nomination of Pamala by the Senate and appeared in the Congres- STEPHEN W. ALDRIDGE, and ending L. Browngrayson, which was received by the sional Record of December 3, 2007. KRISTOFER J. WESTPHAL, which nomina- Senate and appeared in the Congressional PN1101 ARMY nomination of Kimberly K. tions were received by the Senate and ap- Record of December 6, 2007. Johnson, which was received by the Senate peared in the Congressional Record of De- PN1123 AIR FORCE nomination of Alicia J. and appeared in the Congressional Record of cember 11, 2007. Edwards, which was received by the Senate December 3, 2007. NOMINATIONS DISCHARGED and appeared in the Congressional Record of PNl102 ARMY nominations (4) beginning December 6, 2007. ALAN JONES, and ending CHANTAY P. Mr. REID. Mr. President, I ask unan- PNl124 AIR FORCE nominations (2) begin- WHITE, which nominations were received by imous consent that the Foreign Rela- ning THERESA D. BROWNDOONQUAH, and the Senate and appeared in the Congres- tions Committee be discharged of the ending CHERYL A. JOHNSON, which nomi- sional Record of December 3, 2007. following nominations: foreign service nations were received by the Senate and ap- PNll03 ARMY nominations (18) beginning nominations listed as follows: PN 877, MARIAN AMREIN, and ending D060583, peared in the Congressional Record of De- PN 955, PN 1006, PN 1007, PN 1015, PN cember 6, 2007. which nominations were received by the Sen- PNl125 AIR FORCE nominations (3) begin- ate and appeared in the Congressional 1034; that the nominations be con- ning JEFFREY J. HOFFMANN, and ending Record of December 3, 2007. firmed, the motions to reconsider be GERALD B. WHISLER III, which nomina- PN1l27 ARMY nomination of Daniel J. laid upon the table, the President be tions were received by the Senate and ap- Judge, which was received by the Senate and immediately notified of the Senate’s peared in the Congressional Record of De- appeared in the Congressional Record of De- action. cember 6, 2007. cember 6, 2007. The ACTING PRESIDENT pro tem- PNl126 AIR FORCE nominations (3) begin- PN1l28 ARMY nominations (2) beginning RICHARD HARRISON, and ending GREG- pore. Without objection, it is so or- ning KELLEY A. BROWN, and ending MARK dered. A. NIELSEN, which nominations were re- ORY W. WALTER, which nominations were ceived by the Senate and appeared in the received by the Senate and appeared in the The nominations considered and con- Congressional Record of December 6, 2007. Congressional Record of December 6, 2007. firmed are as follows: PN1129 ARMY nominations (3) beginning PN1144 AIR FORGE nominations (3) begin- DEPARTMENT OF STATE JOE R. WARDLAW, and ending NICKOLAS ning JOHN R. SHAW, and ending NATALIE Cedra Danielle Eaton, of Maryland L. RESTIVO, which nominations were re- KARAJOHN, which nominations were re- For appointment as Foreign Service Offi- ceived by the Senate and appeared in the ceived by the Senate and appeared in the cer of Class Four, Consular Officer and Sec- Congressional Record of December 11, 2007. Congressional Record of December 6, 2007. PN1130 ARMY nominations (2) beginning retary in the Diplomatic Service of the IN THE ARMY VANESSA M. MEYER, and ending JAMES E. United States of America: PN1056 ARMY nominations (40) beginning ADAMS, which nominations were received DEPARTMENT OF STATE WILLIAM E. ACKERMAN, and ending MARK by the Senate and appeared in the Congres- S. Nausher M. Ali, of California A. VAITKUS, which nominations were re- sional Record of December 6, 2007. ceived by the Senate and appeared in the PN1145 ARMY nomination of Quindola M. Christopher Charles Ashe, of Pennsylvania Congressional Record of November 15, 2007. Crowley, which was received by the Senate Kimberly K. Atkinson, of South Dakota PN1057 ARMY nominations (22) beginning and appeared in the Congressional Record of Deidra Di Anne Avendasora, of Minnesota RACHEL A. ARMSTRONG, and ending December 11, 2007. Tiffany M. Bartish, of Illinois VERONICA A. THURMOND, which nomina- PN1146 ARMY nominations (3) beginning Christopher Graydon Beard, of Florida tions were received by the Senate and ap- PAUL A. MABRY, and ending ROBERT Jennifer L. Becker, of Kansas peared in the Congressional Record of No- PERITO, which nominations were received Nancy R. Biasi, of Oregon vember 15, 2007. by the Senate and appeared in the Congres- Sheryl J. Bistransky, of Virginia PN1058 ARMY nominations (6) beginning sional Record of December 11, 2007. Michael A. Bradecamp, of Virginia VIVIAN T. HUTSON, and ending LAURIE E. PN1147 ARMY nominations (147) beginning Cheryl R. Bruner, of South Dakota SWEET, which nominations were received by JOSEPH M. ADAMS, and ending D060256, Mark Colbourne Carlson, of Washington the Senate and appeared in the Congres- which nominations were received by the Sen- Landry Joseph Carr, of Louisiana sional Record of November 15, 2007. ate and appeared in the Congressional Michael Albert Chung, of Washington PN1059 ARMY nominations (7) beginning Record of December 11, 2007. Sara M. Cobb, of Florida GARY D. COLEMAN, and ending PAUL E. PN1148 ARMY nominations (241) beginning Kathleen Marie Corey, of Washington WHIPPO, which nominations were received ANTHONY J. ABATI, and ending D060260, John C. Corrao, of Indiana by the Senate and appeared in the Congres- which nominations were received by the Sen- Sonata N. Coulter, of Washington sional Record of November 15, 2007. ate and appeared in the Congressional Joanne Held Cummings, of Texas PN1060 ARMY nomination of Lillian L. Record of December 11, 2007. Paul Michael Cunningham, of Connecticut Landrigan, which was received by the Senate PN1149 ARMY nominations (142) beginning Christopher M. Deutsch, of Virginia and appeared in the Congressional Record of DAVID P. ACEVEDO, and ending X1408, Janet E. Deutsch, of Illinois November 15, 2007. which nominations were received by the Sen- Beverli J. DeWalt, of Washington PN1093 ARMY nominations (2) beginning ate and appeared in the Congressional Sarah A. Duffy, of Illinois SARAH B GOLDMAN, and ending MICHEAL Record of December 11, 2007. David Clifford Edginton, of Iowa B. MOORE, which nominations were received COAST GUARD Ellen Beth Eiseman, of New York by the Senate and appeared in the Congres- PN1119 COAST GUARD nomination of Rob- Jill Foster, of California sional Record of December 3, 2007. ert A. Stohlman, which was received by the Eric Geelan, of New York

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16063 Kathleen D. Gibilisco, of California Chad Alan Thornberry, of California Rebecca Katherine Hunter, of Florida John H. Gimbel IV, of Nevada Jennifer L. Vieira, of Texas Kareem N. Jamjoom, of Mssouri Carla A. Gonneville, of California Thomas Joseph Wallis, of Virginia James J. Jay, Jr, of Illinois Christopher R. Green, of Texas Drake A. Weisert, of Texas Michael H. Johnson, Jr., of Virginia John R. Groch, of Texas Adam P. West, of Illinois Nicole G Johnson, of Wisconsin H. Rebecca Grutz, of Texas Joel Robert Wiegert, of Nebraska Eric A. Jordan, of Kansas Traver Gudie, of Florida Patrick R. Wingate, of Texas Przemyslaw Robert Kaczorowski, of Mary- Richard F. Hanrahan, Jr., of Illinois Ellen Wong, of Missouri land Cash A. Herbolich, of Arizona Danielle K. Wood, of Oregon George R. Kanekkeberg, of Virginia Anny Chi-Jin Ho, of Virginia Jean Thomas Woynicki, of Pennsylvania Megan M. Katin, of Virginia Robert F. Hommowun, of California Daniela Zadrozny, of Texas Elizabeth C. Kaufman, of Virginia Amy J. Hood, of Virginia DEPARTMENT OF STATE James Brennan Kelly, of the District of Co- Jessica Marie Franz Huaracayo, of California Wendy P. Lyle, of Virginia lumbia Dorian Hurtado, of Florida Keely Zwart Kilburg, of Texas Secretary in the Diplomatic Service of the Mollie Jax Jackson, of Oregon Eric Michael Kline, of Virginia United States of America: Theodore Evan Jasik, of New York Scott O. Koenig, of California Alma Musanovic Johnson, of New Hampshire DEPARTMENT OF TREASURY Timothy R. Kraemer, of Virginia Tiffney J. Johnson, of Texas Christopher Adams, of California Jeanne Brennan Land, of Virginia Wendy Annette Kahler, of Virginia Consular Officers and Secretaries in the Susan P. Larson, of Virginia Deborah J. Kanarek, of California Elizabeth K. Lee, of California Mary Virginia Kane, of Maryland Diplomatic Service of the United States of Leslie A. Linnemeier, of Virginia Wendy A. Kennedy, of Washington America: Mary LoFrisco-McClure, of Maryland Jason B. Khile, of Illinois DEPARTMENT OF COMMERCE Billy Malone, of Virginia Julie Kim-Johnson, of Washington Peter D. Liston, of Florida Bruce G. Mangum, of Maryland Emily L. King, of Virginia DEPARTMENT OF STATE Brian P. Klein, of Pennsylvania David Matthew Mark, of Virginia Richard W. La Roche, Jr., of California Mary E. Alexander, of Texas Charles Martin, of Kentucky Guy M. Lawson, of Texas Logan Alschbach, of Virginia Paul J. Martinek, of Massachusetts Paula I. L’Ecuyer, of Virginia Robert T. Alter, of the District of Columbia Marjorie A. Mathelus, of Virginia Paul A. Loh, of New York Sandra E. Ambrose-Shem, of Virginia George D. Mathews, of Virginia Leon C. Lowder III, of New York Robert Anderson, of Oregon Catherine Jean McFarland, of Florida Laura deNelle Lucas, of Idaho Asha B. Andrews, of California Grant L. McMurran, of Virginia Mary Elizabeth Madden, of Oregon David Avery, of New Mexico Richard Bruce Mddlebrooks, of Virginia Guy Margalith, of New York D. Heath Bailey, of Nevada Benjamin Edward Miller, of California Berenice Mariscal, of Texas Debra A. Barbessi, of Virginia Thomas Miniaci, of Virginia Robert M. Marks, of Florida Alexandra Lara Baumgartner, of West Vir- Blake W. Mobley, of the District of Columbia Hagen Davis Maroney, of New York ginia Kimberlee Moore, of Virginia Melissa E. Martinez, of New Mexico Shari Alyson Berke, of the District of Co- Matthew Abraham Myers, Sr., of Florida Partha Mazumdar, of Pennsylvania lumbia William R. Nelson, of Wisconsin Lissa Mei-lin McAtee, of Washington Rachel E. Birthisel, of Virginia Nicole A. Nucelli, of Virginia P. Christopher McCabe, of Colorado Brandon L. Borkowicz, of Illinois Aaron P. Ong, of Virginia Nancy Hillery McCarthy, of Texas Donald A. Brown, of Louisiana Robert C. Palmer, of California Catherine E. McGeary, of Florida Leslie E. Brown, of the District of Columbia Brandy L. Pankau, of West Virginia Aud-Frances McKernan, of California Lindsay H. Bush, of Virginia Megan M. Phaneuf, of the District of Colum- Cristina Marie Marko Meaney, of Arizona Daniel J. Byrne, of Virginia bia Ann Meceda, of California Eric Camus, of Oregon Justin A. Ponchak, of Virginia Sara M. Mercado, of California Steven W. Carroll, of California Michael Hugh Quinn, of Alaska Kristian G. Moore, of Colorado Charles Coxwell Carson, of Virginia Jamie William Ravetz, of Pennsylvania John K. Moyer, of Pennsylvania Christopher Ronald Carver, of Oregon Robin Reichenbach, of Virginia Eshel William Murad, of Virginia Michael D. Christie, of Virginia Christopher Rhoton, of Virginia Kevin T. Murakami, of Virginia Daniel Y. Chu, of California Meredith Robertson, of Virginia Megan Thana Myers, of Minnesota Daniel R. Cisek, of Illinois Carolyn Rodal, of Virginia Jeremy Nathan, of Illinois Alfonso Cortes, of New York Timothy R. Roman, of Maryland Jenifer Lynn Neidhart de Ortiz, of Florida John Edward Crippen, of Arkansas Aaron John Rupert, of Ohio Thu M. Nguyen, of Virginia Ramona S. Crippen, of Arkansas Manju K. Sadarangani, of New York Briana L. Olsen, of Washington Thomas P. Dalton, of Texas Marco G. Sailors, of Pennsylvania Douglas S. O’Neill, of Florida Susan V. Dankovich, of Pennsylvania Susan M. Sakraida, of Pennsylvania Swati Mansukh Patel, of Alabama Nathalie Jordan Davis, of Maryland Marcelyn E. Sanchez, of California Coney Patterson, of Florida Wayne Charles Davis, of Virginia Cheryl Anderson Saus, of Virginia Timothy Eugene Peltier, of Virginia Nathaniel P. Delemarre, of Virginia Kevi E. Sechrest, of Virginia Steven Perry, of Virginia Lawanda B. Dixon, of Maryland David P. Segalini, of Virginia Brian R Peterson, of Washington Michael Stephen Doumitt, of Virginia Anjalina Sen, of New York Christopher R. Reynolds, of New Jersey Monique A. Downs, of Maryland D. Alexandra Shuey, of the District of Co- Christine Riehl, of Maryland Scott Driskel, of Virginia lumbia Michael R. Roberts, of New Jersey Janet Marie Elbert, of Virginia Richard R. Silver, of California Richard W. Roesing III, of Pennsylvania David Aaron Epstein, of New York Theodora S. Smith, of Maryland Meredith Leigh Rubin, of Virginia Nancy Ann Eyde, of Michigan Timothy J. Smith, of Maryland Joseph H. Runyon, of Florida Kellee A. Farmer, of Kansas Andrew D. Snodgrass, of Virginia Trina D. Saha, of California David Kip Francis, of Georgia Jimmi Nicole Sommer, of Idaho Anne Lee Seshadri, of New Hampshire Kevin W Friloux, of Texas Jorge Patrick Sowers, of Virginia Charles H. Sewall, of Florida Edward A. Gallagher, of Virginia Paul Glen Stahle, of Maryland Preeti Vikas Shah, of Michigan Nicole E. Gallagher, of Maryland Wade B. Stanton, of Virginia Kim Shaw, of California Juan Jaime Gamboa, of Texas Sharla Stephenson, of Virginia Patrick Isamu Smeller, of Maryland James C. Gessler, of Virginia Sarah C. Stewart, of Arizona Jeffrey Brian Smith, of Texas Kristin Michele Gilmore, of California Erin C. Stuart, of Virginia Steven T. Smith, of New Hampshire Stephen Glaser, of California Mary E. Stuessy, of Ohio John Thomas Speaks III, of Texas Barry S. Greenberg, of Maryland Huguette Thornton, of Florida Debra A. Steigerwalt, of Virginia Lawrence James Grossback, of Virginia Peter J. Thrapp, of Illinois Scott Adam Sternberg, of Florida Rebecca Haas, of Pennsylvania Benjamin Tietz, of Virginia Stephen Bruce Stewart, of California Greg A. Hall, of Maryland Joseph Anthony Tordella, of Florida Erinn C. Stott, of Texas Mercedes Ruth Hammer, of Virginia Rubani I. Trimiew, of New Jersey Andrea V. Strano, of New York Sarah J. Hansen, of Virginia Nguyen C. Trinh, of Maryland Paul M. Stronski, of New York Robert W. Hareland, of Nevada Kristine M. Tuori, of Maryland Joseph A. Strzalka, of Michigan Anthony P. Harman, of Maryland Cynthia Jean Turner, of Florida Rachel Sunden, of Texas S. Evan Harper, of the District of Columbia Ariel Rebecca Vaagen, of Texas Kathleen S. Szpila, of Massachusetts Megan Alice Harris, of Virginia Michelle R. Vassar, of Virginia Debra Taylor, of Washington Justin Matthew Hekel, of New York Jessica R. Vielhuber, of Virginia Victoria Jean Taylor, of Missouri Paul E. Hickernell, of Virginia Heidi B. Vierow, of Virginia

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16064 CONGRESSIONAL RECORD — SENATE December 19, 2007 Timothy S. Wade, of the District of Colum- Deborah K. Kennedy-Iraheta, of Virginia Agu Suvari, of Rhode Island bia Erma Willis Kerst, of the District of Colum- Teddy B. Taylor, of Maryland Kerry Merkl Wald, of Connecticut bia Donald Gene Teitelbaum, of Virginia Michele Wells, of California Howard Jeffrey Sumka, of Maryland Margaret A. Uyehara, of Virginia Richard Whitten, of Florida Leon S. Waskin, Jr., of Florida James B. Warlick, Jr., of California Whitney Scott Wiedeman, of Texas Paul E. Weisenfeld, of the District of Colum- Kevin Michael Whitaker, of Virginia Stewart A.S. Wight, of Virginia bia Mary Jo Wills, of Virginia Todd Andrew Wilder, of Washington Susumu Ken Yamashita, of Florida Marie L. Yovanovitch, of Connecticut Michelle Marie Wildman, of Indiana Career Member of the Senior Foreign Serv- Career Members of the Senior Foreign Suzanne M. Yountchi, of California ice, Class of Counselor; Service of the United States of America, The following-named Career Members of Jennifer Adams, of New York Class of Counselor: the Senior Foreign Service of the Depart- John A. Beed, of Maryland Gregory Adams, of Arizona ment of Agriculture/APHIS for promotion Beth Ellen Cypser-Kim, of New York Susan Elaine Alexander, of Washington within and into the Senior Foreign Service Thomas R. Delaney, of Pennsylvania Richard Hanson Appleton, of California to the classes indicated: Career Member of Dona M. Dinkler, of Virginia Michael Lee Bajek, of Texas the Senior Foreign Service, Class of Career Gary Flynn Fuller, of Califomia Robert David Banks, of Virginia Minister: Lawence Hardy II, of Washington John R. Bass II, of New York Danny J. Sheesley, of Colorado Michael T. Harvey, of Texas Robert Stephen Beecroft, of California DEPARTMENT OF STATE James M Harmon, of Maryland Robert I. Blau, of Virginia Julia A. Stewart, of Virginia Edith Fayssoux-Jones Humphreys, of Florida Thurmond H. Borden, of Texas Philip Jackson Breeden, Jr., of California The following-named Members of the For- Brooke Andrea Isham, of Washington David Leong, of Virginia Matthew J. Bryza, of California eign Service to be Consular Officers and/or Piper Anne-Wind Campbell, of New York Secretaries in the Diplomatic Service of the Bobbie E. Myers, of Florida Thomas H. Casey, Jr., of New Jersey United States of America, as indicated: Charles Eric North, of Virginia Martha Erin Solo, of Virginia Karen Lise Christensen, of Virginia Consular Officers and Secretaries in the Dennis J. Weller, of Illinois Robert John Clarke, of Florida Diplomatic Service of the United States of Melissa Ann Williams, of Virginia John Alan Connerley, of California America: Career Members of the Senior Foreign Thomas Frederick Daughton, of New York DEPARTMENT OF COMMERCE Service of the United States of America, Robert Richard Downes, of Texas Paul S. Cushman, of Florida Class of Career Minister: Susan Marsh Elliott, of Virginia DEPARTMENT OF STATE Laura Patricia Faux-Gable, of Virginia Pamela E. Bridgewater, of Maryland Julie A. Furuta-Toy, of California Jessica Lynn Adams, of Ohio Steven A. Browning, of Texas Gonzalo Rolando Gallegos, of Texas Gregory David Aurit, of Nevada Jeremy F. Curtin, of Maryland Peggy Ann Gennatiempo, of Washington Mark J. Bosse, of California Daniel Fried, of California Thomas Henry Goldberger, of New Jersey Roberta R. Burns, of New York Francis Joseph Ricciardone, Jr., of New Robert Daniel Griffiths, of Nevada Lydia Beth Butts, of Texas Hampshire Eva Jane Groening, of New Jersey Lisa Arunee Buzenas, of the District of Co- Career Members of the Senior Foreign Ted William Halstead, of Virginia lumbia Service of the United States of America, D. Brent Hardt, of Florida Daniel C. Callahan, of Virginia Class of Minister-Counselor: Clifford Awtrey Hart, Jr., of Virginia Thomas L. Card, of Virginia Bernadette Mary Allen, of Maryland Francisca Thomas Helmer, of California Michael Carney, of Georgia Betsy Lynn Anderson, of Virginia Simon Henshaw, of Massachusetts Mary Karol Cline, of the District of Colum- Claudia E. Anyaso, of the District of Colum- Leslie C. High, of Pennsylvania bia bia Anthony Alonzo Hutchinson, of Washington Marc S. Cook, of the District of Columbia Edmund Earl Atkins, of California Dorothy Senger Imwold, of Florida Michael Albert Daschbach, of Arizona Joyce A. Barr, of Washington Tina S. Kaidanow, of New York Thomas R. De Bor, of Pennsylvania Kevin Michael Barry, of Virginia Ann N. Kambara, of California Kristen Fresonke, of New York Leslie Ann Bassett, of California David Joel Katz, of Washington Lawrence H. Gemmell, of Maine Donna M. Blair, of Louisiana Neil R. Klopfenstein, of Iowa Lewis Gitter, of Pennsylvania Anne Taylor Callaghan, of Virginia Christopher A. Lambert, of Virginia Kristofor E. Graf, of Texas Arnold A. Chac, of New York John Charles Law, of Virginia Sean S. Greenley, of South Carolina Michael Hugh Corbin, of California Frank Joseph Ledahawsky, of New Jersey Michael William Hale, of Virginia Gene Allan Cretz, of New York Lewis Alan Lukens, of Vermont Paul Allen Hinshaw, of Mississippi Michael Joseph Darmiento, of Virginia Carol Lynn MacCurdy, of Virginia A. Diane Holcombe, of Maryland Jonathan D. Farrar, of California Kevin K. Maher, of Virginia Richard B. Johns, of Virginia Philip S. Goldberg, of New York John A. Matel, of Washington Steve M. Kenoyer, of California Gary A. Grappo, of Florida Robin Hill Matthewman, of Washington Richard Morris, of Colorado Charles H. Grover, of New Hampshire Matthew John Matthews, of Virginia Andrea Jane Parsons, of the District of Co- David M. Hale, of New Jersey Louis Mazel, of New Hampshire lumbia Robert Porter Jackson, of Virginia Michael William McClellan, of Kentucky Miranda A. Rinaldi, of the District of Colum- Tracey Ann Jacobson, of the District of Co- Kenneth H. Merten, of Virginia bia lumbia Lawrence Mire, of California Amy E. Roth, of Louisiana Stuart E. Jones, of Pennsylvania Michael Chase Mullins, of New Hampshire Erik Martinas Ryan, of Arkansas Peter Graham Kaestner, of Florida Richard Walter Nelson, of California Denise Shen, of Virginia Susan E. Keogh, of California Virginia E. Palmer, of Virginia Joan Renee Sinclair, of California Nabeel A. Khoury, of New York Robert Patterson, of Pennsylvania Diana Maria Sitt, of California Lisa Jean Kubiske, of Virginia Claire A. Pierangelo, of California Elizabeth A. Sunday, of Pennsylvania Joseph Estey MacManus, of New York H. Dean Pittman, of Mississippi Mary C. Thompson, of Texas Haynes Richardson Mahoney III, of Massa- Robert Glenn Rapson, of New Hampshire Laura A. Till, of Colorado chusetts Philip Thomas Reeker, of New York Miriam Elise Tokumasu, of Washington M. Lee McClenny, of Washington Gary D. Robbins, of Washington Nyree Tripptree, of Georgia Nancy E. McEldowney, of Florida Todd David Robinson, of New Jersey Christopher Van Bebber, of California Christopher J. McMullen, of the District of Matthew M. Rooney, of Texas Angela Raye Ventling, of New York Columbia Dorothea-Maria Rosen, of California Vaida Vidugiris, of New York James Desmond Melville, Jr., of New Jersey Andrew T. Simkin, of Washington Zebulun Q Weeks, of Nevada William H. Moser, of Florida Pamela Leora Spratlen, of California Diane Whitten, of Nebraska Sandra M. Muench, of Florida William Ralph Stewart, of Texas Brandon L Wilson, of Virginia Anthony Muse, of Tennessee Stephanie Sanders Sullivan, of Maryland Deborah Winters, of the District of Columbia Geraldine H. O’Brien, of Massachusetts Susan M. Sutton, of Virginia Career Member of the Senior Foreign Serv- James A. Paige, of Ohio Alaina Teplitz, of the District of Columbia ice, Class of Career Minister: Isiah L. Parnell, of Florida Heather Ann Townsend, of the District of Co- Anne H. Aarnes, of Vermont Michael Bernard Regan, of New Jersey lumbia Hilda Marie Arellano, of Texas Paul Edward Rowe, of Virginia Jeffrey Stewart Alexander Tunis, of Florida Karen Dene-Turner, of the District of Colum- Larry Schwartz, of Washington Thomas E. Williams, Jr., of Virginia bia Justine M. Sincavage, of Pennsylvania Bisa Williams-Manigault, of Texas Career Member of the Senior Foreign Serv- Jay Thomas Smith, of Indiana Mary Hillers Witt, of Pennsylvania ice, Class of Minister-Counselor: Barbara J. Stephenson, of Florida Robert A. Wood, of New York

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16065 Career Members of the Senior Foreign Nushin Sadik Alloo, of California Amy J. Reardon, of Washington Service, Class of Counselor, and Consular Of- Laura E. Anderson, of South Carolina Richard N. Reilly, of Florida ficers and Secretaries in the Diplomatic Kathleen N. Astorita, of Virginia Charles A. Reynolds, of Georgia Service of the United States of America: Alfredo Ayuso, of Virginia David Reynolds, of Rhode Island Cheryl L. Alston, of Texas Adam Christopher Bacon, of Virginia Kristin Marie Roberts, of Virginia Robert Douglas Barton, of Texas Alexander M. Bailey, of Virginia Michael Rosenthal, of the District of Colum- Kevin W. Bauer, of Virginia Jennifer M. Bailey, of Virginia bia Stephen P. Brunette, of Virginia Steven C. Barlow, of Virginia Lindsey L. Rothenberg, of the District of Co- Scott P. Bultrowicz, of Ohio Joseph George Bergen, of South Carolina lumbia Kenneth B. Dekleva, of Texas James T. Berry, of Virginia Samuel Flom Rothenberg, of the District of Loren F. File, Jr., of Virginia Sarah E Bobbin, of Virginia Columbia Gregory V. Gavagan, of Florida Darren Paul Bologna, of Virginia Sarah A. Sadow, of Virginia Joseph G. Hays III, of Virginia Brian Andrew Bresnan, of Virginia Alexander Rafael Schaper, of Virginia John F. Hernly, of Maryland Kendrick Bennett Brown, of Virginia Jacob Taylor Schultz, of Florida Kibby Felecia Jorgensen, of Florida Marcy S. Brown, of New York Frank Erick Sellin, of Virginia Matthew Crane Buffington, of Utah George G. Lambert, of Indiana Ami U. Shah, of New Jersey Meagan Call, of New Mexico Phillip S. Louh, of New Jersey Philip Lee Shaw, of Virginia Anne M. Camus, of Virginia James P. McDermott, of Maryland David C. Shiao, of Virginia Lindsay K. Campbell, of Maryland Bill A. Miller, of Georgia Beth Nichole Skubis, of Virginia Dean D. Caras, of the District of Columbia Richard A. Nicholas, of Colorado Rhonda Lynn Slusher, of Kansas James Michael Cichon, of Virginia Robert A. Riley, of Florida Lachrisha D. Smith, of Maryland William Percy Cobb, Jr., of the District of Michael H. Ross, of Virginia John Steven Soltys, of Virginia Columbia Eric N. Rumpf, of Washington Henry Clay Constantine IV, of Virginia Jonathan W. Spitzer, of Virginia Donald A. Schenck, of Virginia Christopher L. Cook, of Texas Kimberly M Strollo, of Florida John W. Schilling, of Virginia L.A. Cordero, of California Nikhil P. Sudame, of Connecticut Conrad V. Schmitt, of Texas Andrea D. Corey, of Colorado Erin P. Sweeney, of New Jersey James E. Vanderpool, of California Brian F. Corteville, of Michigan Michael J. Sweet, of Virginia Frontis B. Wiggins, of Virginia Jeffrey A. Courtemanche, of Virginia Justen Allen Thomas, of Wisconsin AGENCY FOR INTERNATIONAL DEVELOPMENT Angela Vernet Dalrymple, of New York Scott VanBeuge, of Washington Jeffery A. Lifur, of Nevada Ralph Dixon III, of Virginia Nancy Taylor VanHorn, of Texas Marlan C. Walker, of Utah For appointment as Foreign Service Offi- Meera Doraiswamy, of Virginia Dineen B. Willats, of Virginia cer of Class Three, Consular Officer and Sec- Damon DuBord, of the District of Columbia Timothy Lee Witkiewicz, of Virginia retary in the Diplomatic Service of the Khashayar Ghashghai, of Texas Daniel Wallace Wright, of Virginia United States of America: Fonta J. Gilliam, of North Carolina Sandrine Susan Goffard, of Florida Kevin S. Yates, of North Carolina AGENCY FOR INTERNATIONAL DEVELOPMENT Andrea Lauren Gottlich, of Kansas Zainab Zaid, of Maryland Sabinus Fyne Anaele, of Texas Teresa L. Grantham, of Arizona Marwa Zeini, of Florida Yohannes A. Araya, of Virginia Andrea G. Hall, of Virginia DEPARTMENT OF STATE Jeff Richard Bryan, of Florida Thomas Neal Halphen, of Louisiana Samuel Carter, Jr., of Virginia Harry J. Handlin, of Maryland S. Najlaa Abdus-Samad, of New York Thaddeus S. Corley, of Nevada Kathryn Hartmere, of Maryland J. Andrew Abell, of the District of Columbia Linda S. Crawford, of Florida Brendan Kyle Hatcher, of Tennessee Anthony W. Alexander, of California Matthew R. Drake, of California Heidi S. Hattenbach, of Colorado Christopher Campbell Allison, of Missouri Steven DeVane Edminster, of Maryland Cristin Heinbeck, of Michigan Erfana Andrabi, of Washington Steven M. Fondriest, of the District of Co- Prashant Hemady, of Pennsylvania Faris Y. Asad, of Ohio lumbia Jacquelyn E. Henderson, of Indiana Forest Grady Atkinson, of California Wayne A. Frank, of Hawaii Annalis Hermann, of Virginia Benjamin Seth Bailey, of Washington Jeffery T. Goebel, of the District of Colum- Norma C. Hernandez, of California Anne Elizabeth Baker, of Washington bia Roy Arturo Hines, of California Chelsea M.H. Bakken, of Washington David Gosney, of California Winifred Loop Hofstetter, of Colorado Daniela A. Ballard, of California Stephen F. Herbaly, of Montana Mark W. Hopkins, of Virginia Ann Barrow, of Florida Nicholas B. Higgins, of the District of Co- Charles Phillip Hornbostel, of Virginia Alistair Charles Baskey, of Texas lumbia Matthew Lane Horner, of Oregon Todd Michael Bate-Poxon, of Florida Michelle A. Jennings, of California Eric S. Huguley, of Maryland Matthew Kenneth Beh, of New York Melissa A. Jones, of California Francine I. Kalnoske, of Maryland Mariju Libo-on Bofill, of West Virginia Terence Ernest Jones, of Florida Zoraida Tarifa Kelley, of Virginia Scott Charles Bolz, of Washington Jessica J. Jordan, of Florida James Sean Kennedy, of California Pauline Nicole Borderies, of California Erin Austin Krasik, of Ohio Colleen M. Kenning, of the District of Co- Jennifer F. Bosworth, of the District of Co- Akua N. Kwateng-Addo, of Maryland lumbia lumbia Lisa Magno, of Virginia Anna M. Klimaszewska, of Virginia Tobias Alyn Bradford, of Texas Michael Richard McCord, of Maryland Rachel R Kutzley, of Ohio Staci A. Brothers-Jackson, of Georgia Erin Nicholson Pacific, of the District of Co- Tye M. Lageman, of Virginia Christopher Charles Brown, of Wisconsin lumbia James G. Lankford, of Texas D.A. Brown, of Florida Sheila R. Roquitte, of Washington Eric James Legallais, of Virginia Justin Patrick Brown, of California Daniel Sanchez-Bustamante, of Maryland Maria del Carmen Liautaud, of Virginia Thomas E. Brown, Jr., of Maryland Nancy M. Shalala, of New Jersey Brian Jay Luster, of Virginia Timothy Patrick Buckley, of New York Jeffry B. Sharp, of Illinois Margaret Grace MacLeod, of New York Dayle Rebecca Carden, of Texas Jason Kennedy Singer, of the District of Co- Denise M. Malone, of Florida Lyra Sharon Carr, of Nevada lumbia Jeff D. Malsam, of Virginia Cassandra Carraway, of California Kathyrine R. Soliven, of Maryland Amanda Joy Mansour, of the District of Co- Michael J. Carver, of Texas Michael B. Stewart, of South Dakota lumbia Eric Catalfamo, of Florida Aye Aye Thwin, of Virginia Sara Elizabeth Martz, of Virginia Ethan Daniel Chorin, of California Sara R. Walter, of Kansas Pamela S. Miller, of Virginia Lewis A. Clark, of Texas James Matthew Pye Weatherill, of New Jer- James Alexander Moore, of Virginia Christopher T. Cortese, of Florida sey Matthew A. Morrow, of Ohio Kim D’Auria-Vazira, of California The following-named Members of the For- Victor G. Myers, of Maryland Timmy T. Davis, of California eign Service to be Consular Officers and Sec- Victoria A. Nestor, of Pennsylvania Frank DeParis, of Virginia retaries in the Diplomatic Service of the Tyler Ross Nicholes, of Virginia Shelly J. Dittmar, of New York United States of America: Siobhan Colby Oat-Judge, of Connecticut Katya Dmitrieva, of New York DEPARTMENT OF COMMERCE Craig P. Osth, of Virginia Andrea Susana M. Donnally, of Florida Steven Lynn Ovard, of Utah Jed Taro Dornburg, of the District of Colum- Thomas P. Cassidy III, of Texas Matthew R. Petersen, of Virginia bia Tanya Cole, of California Garry Pierrot, of Florida Daniel S. Duane, of New York Nasir Khan, of Virginia Sharon L. Pollard, of Virginia Julie A. Eadeh, of Michigan Ashley Miller, of Maryland Kathryn E. Porter, of Alabama Michael G. Edwards, of Washington DEPARTMENT OF STATE Brandon Possin, of Wisconsin Kiera Lacey Emmons, of California Brian D. Adkins, of Ohio Rachel E. Quiroga, of Virginia Richard J. Faillace, of New Jersey

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16066 CONGRESSIONAL RECORD — SENATE December 19, 2007 Joseph T. Farrelly, of the District of Colum- Jason Bradley Rieff, of the District of Co- the President be immediately notified bia lumbia of the Senate’s action. Yuriy R. Fedkiw, of Ohio Bernadette Eileen Roberts, of Michigan The ACTING PRESIDENT pro tem- Julia C. Fendrick, of Maryland Benedict Robinette, of Virginia pore. Without objection, it is so or- Timothy J. Fingarson, of Maryland Scott Ashton Robinson, of California Andrea Finnegan, of New York dered. Jacquelyn Burke Rosholt, of Minnesota The nominations considered and con- Rees M. Fischer, of Florida Adam Douglas Ross, of Connecticut Michael Kevin Fitzpatrick, of Maryland Jeff Rotering, of North Dakota firmed are as follows: Christopher T. Friefeld, of Virginia Ruth Ellen Rudzinski, of Colorado DEPARTMENT OF STATE Thomas Barry Fullerton, Jr., of Tennessee Emmett J. Ryan, Jr., of Montana Mary Ann Glendon, of Massachusetts, to be Enrique Rodrigo Gallego, of Illinois Kirk Harris Samson, of Wisconsin Ambassador Extraordinary and Pleni- Angela Louise Gemza, of Minnesota Janet Nicole Sanders, of Arkansas potentiary of the United States of America Anita Ghildyal, of Missouri Gabrielle Hayes Sarrano, of Virginia to the Holy See. Matthew Bryant Golden, of California Briana L.M. Saunders, of Minnesota Charles W. Larson, Jr., of Iowa, to be Am- Candace A. Graves, of North Carolina Karen P. Schinnerer, of Michigan bassador Extraordinary and Plenipotentiary John H. Gregg, of Alabama J. Michelle Schohn, of North Carolina of the United States of America to the Re- Jason Kamata Hackworth, of Washington Dawn M. Schrepel, of Texas public of Latvia. Daniel E. Hall, of Arizona Vanessa A. Schulz, of the District of Colum- Mr. REID. Mr. President, I ask unan- Scott William Hansen, of Virginia bia imous consent that the Homeland Se- Alexander K. Hardin, of Ohio Shelly A. Seaver, of Florida curity Committee be discharged from Danielle Alisa Harms, of Pennsylvania June A. Shin, of California Scott Edward Hartmann, of the District of the following nominations: Steven John H. Silson, of Ohio Murdock to be Director of the census, Columbia Daniel E. Slaven, of Texas Lesley M. Hayden, of Minnesota Patrick T. Lowinski, of Texas PN 660; Jeffrey Runge to be Assistant Rich Heaton, of California Beth Moser Smith, of Virginia Secretary for the Health Affairs and Maria Herbst Richart, of Alaska Brian Kenneth Stimmler, of Florida Chief Medical Officer, PN 826; that the Priscilla A. Hernandez, of Texas Christy Melicia Watkins Stoner, of Virginia nominations be confirmed, the motions Kary I. Hintz-Tate, of Virginia Amy L. Storrow, of Texas to reconsider be laid upon the table, Courtney Houk, of Florida Bryan Richard Switzer, of California the President be immediately notified Jerry S. Ismail, of Virginia Matthew Alan Taylor, of Florida of the Senate’s action. Joseph Samuel Jacanin, of Indiana Paul S. Thomas, of Colorado Richard C. Jao, of New York The ACTING PRESIDENT pro tem- Anthony Dean Tranchina, of New York pore. Without objection, it is so or- Judith M. Johnson, of Texas Shawn Harris Tribe, of California Todd M. Katschke, of Illinois dered. Karen K. Tsai, of New York The nominations considered and con- Pamela R. Kazi, of Minnesota Frank F. Tu, of California Mary Elizabeth Knapp-Rasay, of Florida Michael Turner, of California firmed are as follows: Elizabeth J. Konick, of New York Susan Lea Unruh, of Texas DEPARTMENT OF COMMERCE Bryan K. Koontz, Jr., of Virginia Adam Richard Vogelzang, of Michigan Steven H. Murdock, of Texas, to be Direc- Stephen Gyula Kovacsics, of Florida Jason Vorderstrasse, of California tor of the Census. Eric J. Kramp, of Florida Jocelyn Ann Vossler, of California Marybeth Krumm, of California DEPARTMENT OF HOMELAND SECURITY Sharon Ann Weber-Rivera, of New York Jamie Tyler La More, of Arizona Jeffrey William Runge, of North Carolina, Helaena Wossum White, of Tennessee Marsha Ann Lance, of Florida to be Assistant Secretary for Health Affairs Scott Lee Whitmore, of New Hampshire John C. Letvin, of Florida and Chief Medical Officer, Department of John David Wilcock, of Virginia Adham Zibas Loutfi, of California Homeland Security. Christian J Lynch, of New York Emily L. Williams, of Minnesota Mr. REID. Mr. President, I ask unan- Thomas H. Lyons, of Tennessee Patrick C. Williams III, of West Virginia imous consent that the Judiciary Com- Michael H. Margolies, of Louisiana Rachel Elizabeth Wolfe, of Virginia mittee and the Banking Committee be Ann L. Mason, of Michigan Carson H. Wu, of Virginia Michael H. Young, of California discharged of the following nomina- Jennifer J. McAlpine, of Minnesota tions: Evan McCarthy, of Rhode Island Stacie Zerdecki, of Texas Melanie Anne Zimmerman, of Maryland Scott Burns, to be Deputy Director of Robert A. McCutcheon, of Maryland National Drug Control Policy, PN692; Shannon Tovan McDaniel, of Missouri Jim Zix, of Oregon Jason McInerney, of California The following-named Members of the For- Cynthia Dyer, to be Director of the Vi- John T. McNamara, of New York eign Service to be Consular Officers and Sec- olence Against Women Office, PN827; Bernadette M. Meehan, of New York retaries in the Diplomatic Service of the Nathan Hochman, to be Assistant At- Richard Conrad Michaels, of Arizona United States of America: torney General, PN1052; Joseph Matthew J. Miller, of Wyoming DEPARTMENT OF COMMERCE Russoniello, to be U.S. attorney, Anthony Miranda, of Washington Lawrence G. Johnson, of California PN1070; Alan Mendelowitz, to be Direc- Rebecca Shira Morgan, of Illinois Tracy T. Perrelli, of the District of Columbia tor of Federal Housing Finance Board, Eric G. Morin, of Florida Lisa Rigoli, of Virginia PN989; Christopher Padilla, to be Under James M. Morris, of Massachusetts Joshua C. Morris, of Washington The following-named Career Members of Secretary of Commerce for Inter- Oliver John Moss III, of Florida the Foreign Service of the Department of national Trade, PN861; that the nomi- Junaid Mazhar Munir, of Michigan State for promotion into the Senior Foreign nations be confirmed, the motions to Fahez Ahmad Nadi, of New York Service, and for appointment as Consular Of- reconsider be laid on the table, the Ari Nathan, of California ficers and Secretaries in the Diplomatic President be immediately notified of James Patrick Neel, of Nevada Service, as indicated: the Senate’s action, and the Senate Peter Neisuler, of Massachusetts Career Member of the Senior Foreign Serv- then return to legislative session. Phillip B. Nervig, of New York ice of the United States of America, Class of The ACTING PRESIDENT pro tem- David C. Ng, of Arizona Counselor: pore. Without objection, it is so or- Sadia Niazi, of Virginia Kurt Walter Tong, of Virginia dered. Sean Patrick O’Hara, of Virginia The nominations, considered and Trevor R. Olson, of Idaho Career Member of the Senior Foreign Serv- Adam Daniel Packer, of Indiana ice, Class of Counselor, and Consular Officer confirmed, are as follows: Christine D. Parker, of Illinois and Secretary in the Diplomatic Service of DEPARTMENT OF COMMERCE Walter Parrs Ill, of New York the United States of America: Christopher A. Padilla, of the district of Dexter C. Payne, of Virginia Lonnie J. Price, of Virginia Columbia, to be Under Secretary of Com- Jonathan R. Peccia, of Illinois Mr. REID. Mr. President, I ask unan- merce for International Trade. Robert Patrick Peck, of Florida imous consent that the Foreign Rela- DEPARTMENT OF JUSTICE Elizabeth Lynne Perry, of Massachusetts tions Committee be discharged of the Cynthia Dyer, of Texas, to be Director of Timothy C. Phillips, of California following nominations: Mary Ann the Violence Against Women Office, Depart- Michael Edward Pignatello, of the District of Glendon to be Ambassador to the Holy ment of Justice. Columbia See, PN 1028; Charles Larson to be Am- Nathan J. Hochman, of California, to be an Cynthia L. Plath, of California Assistant Attorney General. Mary Elizabeth Rose Polley, of Virginia bassador to Latvia, PN 1087; that the Joseph P. Russoniello, of California, to be Jennifer Kathleen Purl, of California nominations be confirmed, the motions United States Attorney for the Northern Dis- Sara M. Revell, of Texas to reconsider be laid upon the table, trict of California.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16067 EXECUTIVE OFFICE OF THE PRESIDENT NOMINATIONS These nominations come at a critical Scott M. Burns, of Utah, to be Deputy Di- Mr. LEAHY. Mr. President, as the time for the Nation. Over the course of rector of National Drug Control Policy. first session of the 110th Congress con- this year, during which the Judiciary FEDERAL HOUSING FINANCE BOARD cludes, we should note that the Senate Committee investigated the firing of Allan I. Mendelowitz, of Connecticut, to be has worked hard on executive nomina- U.S. attorneys, we faced the most seri- a Director of the Federal Housing Finance tions. In addition to confirming 40 life- ous threat to the effectiveness and pro- Board. time appointments to the Federal fessionalism of the Justice Department Mr. REID. Mr. President, I ask unan- bench, we confirmed 21 of this Presi- since Watergate and the Saturday imous consent that the HELP Com- dent’s nominations for high-ranking Night Massacre. Under this President, mittee be discharged of the following executive branch positions, including the Justice Department suffered a se- nominations: the confirmations of nine U.S. attor- vere crisis of leadership that allowed Tracy Justesen, to be Assistant Sec- neys, four U.S. marshals, and eight our justice system to be corrupted by retary for Special Education, PN1051; other important positions. We achieved political int1uence. The crisis of lead- Carol D’Amico, PN244; and Eric these numbers in a year when our in- ership that led to numerous resigna- Hanusek, PN243, to be members of the vestigation into the mass firing of U.S. tions and has taken a heavy toll on the board of directors of the National attorneys, which triggered a host of tradition of independence that has long Board for Education Sciences; that the resignations by senior White House and guided the Department and protected nominations be confirmed, the motions Justice Department officials, led the it from political influence. This crisis to reconsider be laid on the table; the Judiciary Committee to devote signifi- has also taken a heavy toll on morale President be immediately notified of cant time to rebuilding the integrity at the Department and in confidence the Senate’s action, and the Senate re- and independence of the Justice De- among the American people. turn to legislation session. partment. Our work to restore the Justice De- The ACTING PRESIDENT pro tem- We held hearings on nine executive partment also including reporting nine pore. Without objection, it is so or- nominations, including 2-day hearing U.S. attorney nominations: James Rus- dered. on the nomination of Michael B. sell Dedrick to be U.S. attorney for the The nominations, considered and Mukasey to be Attorney General of the Eastern District of Tennessee, Thomas confirmed, are as follows: United States and another hearing on P. O’Brien to be U.S. attorney for the Central District of California, Edward DEPARTMENT OF EDUCATION the nomination of Judge Mark Filip to Meacham Yarbrough to be U.S. attor- Tracy Ralph Justesen, of Utah, to be As- be Deputy Attorney General of the sistant Secretary for Special Education and United States, the top two positions at ney for the Middle District of Ten- Rehabilitative Services, Department of Edu- the Justice Department. We also held nessee, Rosa Emilia Rodriguez-Velez to cation. hearings on the nominations of Mi- be U.S. attorney for the District of NATIONAL BOARD FOR EDUCATION SCIENCES chael J. Sullivan to be Director of the Puerto Rico, Joe W. Stecher to be U.S. attorney for the District of Nebraska, Eric Alan Hanushek, of California, to be a Bureau of Alcohol, Tobacco, Firearms, Member of the Board of Directors of the Na- and Explosives; Ronald Jay Tenpas to John Wood to be U.S. attorney for the tional Board for Education Sciences. be Assistant Attorney General, Envi- Western District of Missouri, Diane J. Carol D’Amico, of Indiana, to be a Member ronment and Natural Resources Divi- Humetewa to be U.S. attorney for the of the Board of Directors of the National sion, Department of Justice; Ondray T. District of Arizona, Gregory A. Brower Board for Education Sciences. Harris to be Director, Community Re- to be U.S. attorney for the District of Mr. REID. Mr. President, I ask unan- lations Service, Department of Justice; Nevada, and Edmund A. Booth, Jr. to be U.S. attorney for the Southern Dis- imous consent that the HELP Com- David W. Hagy, to be Director of the trict of Georgia. Some replace out- mittee be discharged of the following National Institute of Justice, Depart- standing U.S. attorneys who were fired nominations: ment of Justice; Scott M. Burns, to be almost a year ago as part of the ill-ad- Howard Radzely, to be Deputy Sec- Deputy Director of National Drug Con- vised, partisan plan to fire well-per- retary of Labor, PN562; Stuart trol Policy, Executive Office of the Ishimaru, to be a member of the Equal forming U.S. attorneys. President; Cynthia Dyer, to be Director We also reported the nominations of Employment Opportunity Commission, of the Violence Against Women Office, PN845; Gregory Jacob, to be Solicitor four U.S. marshals: Michael David Department of Justice; and Nathan J. Credo for the Eastern District of Lou- for the Department of Labor Statistics, Hochman, to be an Assistant Attorney PN944; Keith Hall, to be Commissioner isiana, Esteban Soto III for the District General, Tax Division, Department of of Puerto Rico, John Roberts Hackman of Labor Statistics, PN944; Douglas Justice. Webster, to be Chief Financial Officer for the Eastern District of Virginia, We favorably reported 20 executive and Robert Gideon Howard, Jr., for the at the Department of Labor, PN964; nominations, and the full Senate has that the nominations be confirmed, the Eastern District of Arkansas. proceeded to confirm 21 executive We also reported the nominations of motions to reconsider be laid on the nominations, including 4 additional Julie L. Myers to be Assistant Sec- table; the President be immediately nominations discharged from the Judi- retary of Homeland Security, Dabney notified of the Senate’s action; and the ciary Committee and confirmed today, Langhorne Friedrich to be a member of Senate then return to legislative ses- those of Joseph P. Russoniello to be the U.S. Sentencing Commission, and sion. U.S. attorney for the Northern District Beryl A. Howell to be a member of the The ACTING PRESIDENT pro tem- of California, Cynthia Dyer to be Direc- U.S. Sentencing Commission. pore. Without objection, it is so or- tor of the Violence Against Women Of- Just this week, with only a few legis- dered. fice, Julie L. Myers to be Assistant lative days left to us before the Christ- The nominations, considered and Secretary of Homeland Security, and mas holidays and the end of this ses- confirmed, are as follows: Nathan J. Hochman, to be Assistant sion, our committee held two hearings DEPARTMENT OF LABOR Attorney General of the Tax Division for executive nominations. Howard Radzely, of Maryland, to be Dep- at the Justice Department. Our track record shows that the Ju- uty Secretary of Labor. I understand that Republican holds diciary Committee has been working Gregory F. Jacob, of New Jersey, to be So- have prevented the confirmation of Mi- hard to make progress. Of course, when licitor for the Department of Labor. chael J. Sullivan to be Director of the the White House fails to timely send us Keith Hall, of Virginia, to be Commis- Bureau of Alcohol, Tobacco, Firearms, sioner of Labor Statistics, Department of nominations to fill vacancies, it makes Labor. and Explosives. it that much harder. Douglas W. Webster, of Virginia, to be I thank the members of the Judiciary The White House has made an abys- Chief Financial Officer, Department of Committee for their hard work all year mal effort to send nominees to the Sen- Labor. in considering these important nomi- ate to replace the fired U.S. attorneys EQUAL EMPLOYMENT OPPORTUNITY COMMISSION nations. I especially thank those Sen- and to fill vacancies in those districts Stuart Ishimaru, of the District of Colum- ators who have given generously of and many others. There are now 19 dis- bia, to be a Member of the Equal Employ- their time to chair confirmation hear- tricts with acting or interim U.S. at- ment Opportunity Commission. ings throughout the year. torneys instead of Senate-confirmed

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16068 CONGRESSIONAL RECORD — SENATE December 19, 2007 U.S. attorneys. That is nearly a quar- By not providing us with the nomina- State, the Nevada Power Company and ter of all districts. Yet the White tions to the highest ranking vacancies Sierra Pacific Power Company in Ne- House has nominated only 3 people for within the Justice Department and not vada, terminated their contracts with these 19 spots. Of course, some of these providing the basic background mate- Enron or watched as Enron terminated could have been filled a year ago had rials needed to review such nomina- them when the company’s web of fraud- the White House worked with the Sen- tions before the Thanksgiving recess, ulent accounting was revealed in late ate. the administration has once again fore- 2001. As a result, Enron tried to squeeze I have urged the President to fill the closed the opportunity to have these hundreds of millions of dollars of ter- remaining executive vacancies with nominees considered by the Senate and mination fee payments from the elec- nominees who will restore the inde- in place this year. Those nominations tricity consumers of these utilities. In pendence of Federal law enforcement. will now necessarily carryover into the my opinion, these payments demanded Last month, the White House an- next session. That is unfortunate and by Enron were certainly neither just nounced with great fanfare its intent was unnecessary. nor reasonable. to make nominations for key positions We will continue to make progress After enactment of the Cantwell at the Department of Justice. It was when we can, and I will urge the White amendment, the Snohomish Public only weeks later that several of these House to work with the Senate to fill Utility District in my State and sev- nominations were sent to the Senate. these vacancies. eral other entities including the Ne- The delays in sending U.S. attorney NOMINATION OF JON WELLINGHOFF AND JOE vada Power Company, asked FERC to nominees and others to the Senate fol- KELLIHER exercise its Federal Power Act author- low the many months of delay where Ms. CANTWELL. Mr. President, I ity, which includes enforcing ‘‘just and the White House failed to send nomi- will support the Senate moving for- reasonable’’ rates, and deny Enron the nees to fill vacancies that have been ward on the confirmation of Jon ability to charge the fraudulent termi- open since the summer, or before. Wellinghoff and Joe Kelliher to be nation payments. In the course of the committee’s in- members of the Federal Energy Regu- Using the force of the Cantwell vestigation into the unprecedented latory Commission. While I am pleased amendment, these Washington State mass firing of U.S. attorneys by the that FERC has been using its expanded and Nevada utilities were able to avoid President who appointed them, we un- authority granted by Congress in the protracted litigation and settle Enron’s covered an effort by officials at the Energy Policy Act of 2005 to pursue absurd termination fee claims, saving these utilities from paying hundreds of White House and the Justice Depart- manipulation in the electricity and ment to exploit an obscure provision millions in unjust payments on con- natural gas markets, I think it is criti- enacted during the PATRIOT Act reau- tracts that Enron fraudulently in- cally important to remind FERC of its thorization to do an end-run around duced. This has helped save electricity statutory duty to oversee the energy the Senate’s constitutional to confirm consumers of Washington and Nevada markets and protect consumers. U.S. attorneys. The result was the fir- In light of evidence of market manip- hundreds of millions of dollars. ing of well-performing U.S. attorneys This spring, the U.S. Supreme Court ulation in the Western electricity cri- for not bending to the political will of will review a decision of the U.S. Court sis in 2001, I fought hard to ban market political operatives at the White of Appeals for the Ninth Circuit which manipulation in electricity and natural House. declared that FERC failed to use its I have repeatedly emphasized that gas markets. My amendment, adopted authority under the Federal Power Act when it comes to the Justice Depart- by Congress as part of the Energy Pol- to enforce ‘‘just and reasonable’’ rates. ment and to the U.S. attorneys in our icy Act of 2005, provided FERC new au- In a brief to the Supreme Court in this home States, Senators have a say and thority under the Federal Power Act matter, FERC recently took the posi- a stake in ensuring fairness and inde- and Natural Gas Act to investigate and tion that it was free to approve long- pendence in order to insulate Federal punish market manipulation in elec- term contracts arising out of the 2000– law enforcement function from unto- tricity and natural gas markets. 2001 Western power crisis notwith- ward political influence. That is why I am pleased to see that FERC has standing evidence that, in the words of the law and the practice has always used this expanded authority to con- Stanford University energy economist been that these appointments require duct 64 investigations. According to Dr. Frank Wolak, suppliers to the Senate confirmation. The advice and FERC, 13 of these investigations have Western markets during this period consent check on the appointment resulted in settlements involving the were ‘‘able to exercise market power at power for U.S attorneys is a critical payment of civil penalties or other unprecedented levels’’ resulting in function of the Senate. monetary remedies totaling over $40 ‘‘prices vastly in excess of competitive I had hoped when the Senate voted million. Two investigations have re- levels.’’ overwhelmingly to close the loophole sulted in FERC bringing enforcement As the Ninth Circuit’s opinion makes created by the PATRIOT Act when we actions for alleged market manipula- clear, if FERC adopts market-based passed S.214, the Preserving United tion against Amaranth Advisors LLC rates, it has an obligation to ensure States Attorneys Independence Act of for $291 million in civil penalties and that the markets operate properly and 2007, by a vote of 97 to 0, it would send Energy Trading Partners for $167 mil- it cannot simply assume that a con- a clear message to the administration lion in civil penalties. Amaranth’s she- tract is just and reasonable even if the to make nominations that could re- nanigans cost consumers upwards of $9 contract is the product of a manipu- ceive Senate support and begin to re- billion dollars during the summer of lated market, such as the experienced store an important check on the par- 2006. in the West during 2000–2001. tisan influence in law enforcement. However, I want to remind FERC of It is troublesome that FERC con- Yet, even as we closed one loophole, its responsibilities relating to pro- tinues to argue that it is free to ignore the administration has been exploiting tecting consumers under the Federal evidence of market manipulation and others to continue to avoid coming to Power Act’s statutory ‘‘just and rea- market power abuse when reviewing the Senate. Under the guidance of an sonable’’ standard. In section 1290 of contracts affected by that abuse. More- erroneous opinion of the Justice De- the Energy Policy Act of 2005, which I over, this position is inconsistent with partment’s Office of Legal Counsel, the authored, Congress directed FERC to its recent emphasis on enforcement of administration has been, employing exercise its Federal Power Act author- market standards. FERC’s position in the Vacancies Act authority to use act- ity to enforce ‘‘just and reasonable’’ the Supreme Court essentially could ing U.S. attorneys and the power to ap- rates when it reviewed the validity of allow market abusers to protect their point interim U.S. attorneys sequen- termination payment claims made by ill-gotten gains by locking them up in tially. They have used this misguided Enron during the Western energy crisis contracts, undermining any incentive approach to put somebody in place for of 2000–2001. they might otherwise have to obey 330 days without the advice and con- After entering into power contracts market rules and report abuses by sent of the Senate. This approach runs in a market that Enron manipulated, other market participants. afoul of congressional intent and the several utilities, including the Snoho- While I am pleased that Commis- law. mish Public Utility District in my sioner Wellinghoff’s response to my

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16069 questions indicates that he does not day, January 15, at 11 a.m.; and Friday, MARVIN BAILEY SCOTT, OF INDIANA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR agree with FERC’s brief in this matter, January 18, at 10 a.m.; that at the close THE REMAINDER OF THE TERM EXPIRING JANUARY 26, I will continue to watch FERC very of that session, the Senate then recon- 2010, VICE THOMAS K. LINDSAY, RESIGNED. CAROL M. SWAIN, OF TENNESSEE, TO BE A MEMBER OF closely as this case moves forward. vene on Tuesday, January 22, at 10 THE NATIONAL COUNCIL ON THE HUMANITIES FOR A FERC is the sole forum to bring com- a.m.; that the Journal of proceedings TERM EXPIRING JANUARY 26, 2014, VICE SIDNEY MCPHEE, RESIGNED. plaints of market power abuse and ma- be approved to date, the morning hour IN THE ARMY nipulation in electricity and natural be deemed expired, the time for the two THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR gas, markets, and I fully expect FERC leaders be reserved for their use later APPOINTMENT TO THE GRADES INDICATED IN THE to not abrogate its Federal Power Act in the day, and then there be a period UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, responsibilities to protect consumers for the transaction of morning business U.S.C., SECTIONS 531 AND 3064: and enforce ‘‘just and reasonable’’ for 60 minutes, with Senators per- To be lieutenant colonel rates. mitted to speak for up to 10 minutes MANUEL POZOALONSO, 0000 To be major f each, and the time be equally divided and controlled between the two leaders RACHELLE A. RETOMA, 0000 LEGISLATIVE SESSION or their designees, with the Repub- f The ACTING PRESIDENT pro tem- licans controlling the first half and the NOMINATIONS RETURNED TO THE pore. The Senate will now return to majority controlling the final portion, PRESIDENT legislative session. and that the Senate then proceed to S. Wednesday, December 19, 2007 Mr. REID. Mr. President, I suggest 1200, as previously provided. The following nominations trans- the absence of a quorum. The ACTING PRESIDENT pro tem- mitted by the President of the United The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- States to the Senate during the first pore. The clerk will call the roll. dered. session of the 110th Congress, and upon The assistant legislative clerk pro- f which no action was had at the time of ceeded to call the roll. the December recess of the Senate, Mr. REID. Mr. President, I ask unan- RECESS UNTIL 9:30 A.M., FRIDAY, failed of confirmation under the provi- imous consent that the order for the DECEMBER 21, 2007 sions of Rule XXXI, paragraph 6, of the quorum call be rescinded. Mr. REID. Mr. President, I now ask Standing Rules of the Senate. The ACTING PRESIDENT pro tem- unanimous consent that the Senate pore. Without objection, it is so or- stand in recess under the previous DEPARTMENT OF DEFENSE dered. order. ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY OF THE NAVY. f There being no objection, the Senate, at 9:22 p.m., recessed until Friday, De- DEPARTMENT OF JUSTICE APPOINTMENT STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- cember 21, 2007, at 9:30 a.m. SISTANT ATTORNEY GENERAL. The ACTING PRESIDENT pro tem- f IN THE AIR FORCE pore. The Chair, on behalf of the mi- NOMINATIONS AIR FORCE NOMINATION OF COL. MARK W. TILLMAN, nority leader, and after consultation 0000, TO BE BRIGADIER GENERAL. with the ranking members of the Sen- Executive nominations received by IN THE ARMY ate Committee on Armed Services and the Senate: ARMY NOMINATIONS BEGINNING WITH COL. LARRY L. the Senate Committee on Finance, pur- EXECUTIVE OFFICE OF THE PRESIDENT ARNETT AND ENDING WITH COL. GILBERTO S. PENA, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE suant to Public Law 106–398, as amend- DEANNA TANNER OKUN, OF IDAHO, TO BE A DEPUTY AND APPEARED IN THE CONGRESSIONAL RECORD ON ed by Public Law 108–7, appoints the UNITED STATES TRADE REPRESENTATIVE, WITH THE JANUARY 9, 2007. RANK OF AMBASSADOR, VICE KARAN K. BHATIA. ARMY NOMINATION OF COL. MARC L. WARREN, 0000, TO following individual as a member of BE BRIGADIER GENERAL. DEPARTMENT OF STATE the United States—China Economic Se- f curity Review Commission: Daniel A. RICHARD A. BOUCHER, OF MARYLAND, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- DISCHARGED NOMINATIONS Blumenthal of the District of Colum- REER MINISTER, FOR THE PERSONAL RANK OF CAREER AMBASSADOR IN RECOGNITION OF ESPECIALLY DISTIN- The Senate Committee on Foreign bia, for a term expiring December 31, GUISHED SERVICE OVER A SUSTAINED PERIOD. 2009. WILLIAM J. BURNS, OF THE DISTRICT OF COLUMBIA, A Relations was discharged from further CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, consideration of the following nomina- f CLASS OF CAREER MINISTER, FOR THE PERSONAL RANK OF CAREER AMBASSADOR IN RECOGNITION OF ESPE- tions and the nominations were con- ORDER OF PROCEDURE CIALLY DISTINGUISHED SERVICE OVER A SUSTAINED firmed: PERIOD. Mr. REID. Mr. President, I ask unan- ANNE WOODS PATTERSON, OF VIRGINIA, A CAREER FOREIGN SERVICE NOMINATIONS BEGINNING WITH MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CEDRA DANIELLE EATON AND ENDING WITH DANNY J. imous consent that when the Senate CAREER MINISTER, FOR THE PERSONAL RANK OF CA- SHEESLEY, WHICH NOMINATIONS WERE RECEIVED BY completes its business today, it stand REER AMBASSADOR IN RECOGNITION OF ESPECIALLY THE SENATE AND APPEARED IN THE CONGRESSIONAL DISTINGUISHED SERVICE OVER A SUSTAINED PERIOD. RECORD ON SEPTEMBER 6, 2007. in recess until 9:30 a.m., Friday, De- C. DAVID WELCH, OF VIRGINIA, A CAREER MEMBER OF FOREIGN SERVICE NOMINATIONS BEGINNING WITH cember 21, and that on Friday, the Sen- THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- JULIA A. STEWART AND ENDING WITH DEBORAH WIN- ISTER, FOR THE PERSONAL RANK OF CAREER AMBAS- TERS, WHICH NOMINATIONS WERE RECEIVED BY THE ate meet in pro forma session only, SADOR IN RECOGNITION OF ESPECIALLY DISTINGUISHED SENATE AND APPEARED IN THE CONGRESSIONAL with no business conducted; that at the SERVICE OVER A SUSTAINED PERIOD. RECORD ON SEPTEMBER 20, 2007. FOREIGN SERVICE NOMINATIONS BEGINNING WITH close of Friday’s session, the Senate DEPARTMENT OF HOMELAND SECURITY ANNE H. AARNES AND ENDING WITH MELISSA ANN WIL- then meet in pro forma session, with ROBERT D. JAMISON, OF VIRGINIA, TO BE AN UNDER LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE SECRETARY OF HOMELAND SECURITY. SENATE AND APPEARED IN THE CONGRESSIONAL no business conducted, on the following RECORD ON OCTOBER 23, 2007. days and following times and recess DEPARTMENT OF HEALTH AND HUMAN SERVICES FOREIGN SERVICE NOMINATIONS BEGINNING WITH PAMELA E. BRIDGEWATER AND ENDING WITH FRONTIS B. after each session: Sunday, December ROBERT G. MCSWAIN, OF MARYLAND, TO BE DIRECTOR WIGGINS, WHICH NOMINATIONS WERE RECEIVED BY THE 23, at 11 a.m.; Wednesday, December 26, OF THE INDIAN HEALTH SERVICE, DEPARTMENT OF SENATE AND APPEARED IN THE CONGRESSIONAL HEALTH AND HUMAN SERVICES, FOR THE TERM OF FOUR RECORD ON OCTOBER 23, 2007. at 9:30 a.m.; Friday, December 28, at 10 YEARS, VICE CHARLES W. GRIM, RESIGNED. FOREIGN SERVICE NOMINATIONS BEGINNING WITH a.m.; Monday, December 31, at 10 a.m., NATIONAL FOUNDATION ON THE ARTS AND THE JEFFERY A. LIFUR AND ENDING WITH MARWA ZEINI, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE and that at the close of the pro forma HUMANITIES AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- session on December 31, the Senate JAMSHEED K. CHOKSY, OF INDIANA, TO BE A MEMBER VEMBER 1, 2007. stand adjourned sine die, pursuant to OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A MARY ANN GLENDON, OF MASSACHUSETTS, TO BE AM- TERM EXPIRING JANUARY 26, 2014, VICE LAWRENCE BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF S. Con. Res. 61, as amended, until 12 OKAMURA, TERM EXPIRING. THE UNITED STATES OF AMERICA TO THE HOLY SEE. noon, Thursday, January 3, 2008, for a DAWN HO DELBANCO, OF NEW YORK, TO BE A MEMBER FOREIGN SERVICE NOMINATIONS BEGINNING WITH S. OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A NAJLAA ABDUS-SAMAD AND ENDING WITH LONNIE J. pro forma session only, and the Senate TERM EXPIRING JANUARY 26, 2014, VICE DARIO PRICE, WHICH NOMINATIONS WERE RECEIVED BY THE then recess until Monday, January 7, FERNANDEZ-MORERA, TERM EXPIRING. SENATE AND APPEARED IN THE CONGRESSIONAL GARY D. GLENN, OF ILLINOIS, TO BE A MEMBER OF THE RECORD ON NOVEMBER 7, 2007. at 9 a.m., to meet in pro forma session, NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM CHARLES W. LARSON, JR., OF IOWA, TO BE AMBAS- as provided previously, and meet on EXPIRING JANUARY 26, 2014, VICE STEPHAN SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THERNSTROM, TERM EXPIRING. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF the following days and recess over each DAVID HERTZ, OF INDIANA, TO BE A MEMBER OF THE LATVIA. period: Wednesday, January 9, 11 a.m.; NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM The Senate Committee on Homeland EXPIRING JANUARY 26, 2014, VICE JEWEL SPEARS Friday, January 11 at 9:30 a.m.; Tues- BROOKER, TERM EXPIRING. Security and Governmental Affairs was

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16070 CONGRESSIONAL RECORD — SENATE December 19, 2007

CHRISTINA H. PEARSON, OF MARYLAND, TO BE AN AS- EXECUTIVE OFFICE OF THE PRESIDENT discharged from further consideration SISTANT SECRETARY OF HEALTH AND HUMAN SERV- of the following nominations and the ICES. SCOTT M. BURNS, OF UTAH, TO BE DEPUTY DIRECTOR nominations were confirmed: FEDERAL ENERGY REGULATORY COMMISSION OF NATIONAL DRUG CONTROL POLICY. FEDERAL HOUSING FINANCE BOARD STEVEN H. MURDOCK, OF TEXAS, TO BE DIRECTOR OF JON WELLINGHOFF, OF NEVADA, TO BE A MEMBER OF THE CENSUS. THE FEDERAL ENERGY REGULATORY COMMISSION FOR ALLAN I. MENDELOWITZ, OF CONNECTICUT, TO BE A DI- JEFFREY WILLIAM RUNGE, OF NORTH CAROLINA, TO THE TERM EXPIRING JUNE 30, 2013. RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR BE ASSISTANT SECRETARY FOR HEALTH AFFAIRS AND DEPARTMENT OF DEFENSE A TERM EXPIRING FEBRUARY 27, 2014. CHIEF MEDICAL OFFICER, DEPARTMENT OF HOMELAND NATIONAL BOARD FOR EDUCATION SCIENCES SECURITY. JAMES SHINN, OF NEW JERSEY, TO BE AN ASSISTANT The Senate Committee on Health, SECRETARY OF DEFENSE. ERIC ALAN HANUSHEK, OF CALIFORNIA, TO BE A MEM- MARY BETH LONG, OF VIRGINIA, TO BE AN ASSISTANT BER OF THE BOARD OF DIRECTORS OF THE NATIONAL Education, Labor, and Pensions was SECRETARY OF DEFENSE. BOARD FOR EDUCATION SCIENCES FOR A TERM EXPIR- discharged from further consideration JOHN H. GIBSON, OF TEXAS, TO BE AN ASSISTANT SEC- ING NOVEMBER 28, 2010. RETARY OF THE AIR FORCE. CAROL D’AMICO, OF INDIANA, TO BE A MEMBER OF THE of the following nominations and the CRAIG W. DUEHRING, OF MINNESOTA, TO BE AN ASSIST- BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR nominations were confirmed: ANT SECRETARY OF THE AIR FORCE. EDUCATION SCIENCES FOR A TERM EXPIRING NOVEM- DEPARTMENT OF TRANSPORTATION BER 28, 2010. ERIC ALAN HANUSHEK, OF CALIFORNIA, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE NATIONAL FRANCIS MULVEY, OF MARYLAND, TO BE A MEMBER OF IN THE AIR FORCE BOARD FOR EDUCATION SCIENCES FOR A TERM EXPIR- THE SURFACE TRANSPORTATION BOARD FOR A TERM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ING NOVEMBER 28, 2010. EXPIRING DECEMBER 31, 2012. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAROL D’AMICO, OF INDIANA, TO BE A MEMBER OF THE CARL T. JOHNSON, OF VIRGINIA, TO BE ADMINIS- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR TRATOR OF THE PIPELINE AND HAZARDOUS MATERIALS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION EDUCATION SCIENCES FOR A TERM EXPIRING NOVEM- SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPOR- 601: BER 28, 2010. TATION. To be general HOWARD RADZELY, OF MARYLAND, TO BE DEPUTY IN THE COAST GUARD SECRETARY OF LABOR. LT. GEN. ROGER A. BRADY, 0000 STUART ISHIMARU, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE A MEMBER OF THE EQUAL EMPLOYMENT OPPOR- IN THE UNITED STATES COAST GUARD RESERVE TO THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TUNITY COMMISSION FOR A TERM EXPIRING JULY 1, 2012. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- GREGORY F. JACOB, OF NEW JERSEY, TO BE SOLICITOR To be rear admiral CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE FOR THE DEPARTMENT OF LABOR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION KEITH HALL, OF VIRGINIA, TO BE COMMISSIONER OF REAR ADM. (LH) MICHAEL R. SEWARD, 0000 601: LABOR STATISTICS, DEPARTMENT OF LABOR, FOR A THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERM OF FOUR YEARS. To be lieutenant general IN THE UNITED STATES COAST GUARD TO THE GRADE IN- TRACY RALPH JUSTESEN, OF UTAH, TO BE ASSISTANT DICATED UNDER TITLE 14, U.S.C., SECTION 271: MAJ. GEN. RICHARD Y. NEWTON III, 0000 SECRETARY FOR SPECIAL EDUCATION AND REHABILITA- TIVE SERVICES, DEPARTMENT OF EDUCATION. To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The Senate Committee on the Judici- CAPT. JOSEPH R. CASTILLO, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: ary was discharged from further con- CAPT. DANIEL R. MAY, 0000 CAPT. PETER V. NEFFENGER, 0000 To be brigadier general sideration of the following nominations CAPT. CHARLES W. RAY, 0000 COL. WALTER D. GIVHAN, 0000 and the nominations were confirmed: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT M. BURNS, OF UTAH, TO BE DEPUTY DIRECTOR DICATED UNDER TITLE 14, U.S.C., SECTION 271: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- OF NATIONAL DRUG CONTROL POLICY. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CYNTHIA DYER, OF TEXAS, TO BE DIRECTOR OF THE VI- To be rear admiral AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION OLENCE AGAINST WOMEN OFFICE, DEPARTMENT OF JUS- 601: TICE. REAR ADM. (LH) WILLIAM D. BAUMGARTNER, 0000 NATHAN J. HOCHMAN, OF CALIFORNIA, TO BE AN AS- REAR ADM. (LH) MANSON K. BROWN, 0000 To be lieutenant general REAR ADM. (LH) CYNTHIA A. COOGAN, 0000 SISTANT ATTORNEY GENERAL. MAJ. GEN. WILLIAM L. SHELTON, 0000 JOSEPH P. RUSSONIELLO, OF CALIFORNIA, TO BE DEPARTMENT OF HOMELAND SECURITY UNITED STATES ATTORNEY FOR THE NORTHERN DIS- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS. ROBERT D. JAMISON, OF VIRGINIA, TO BE AN UNDER STATES OFFICER FOR APPOINTMENT IN THE RESERVE SECRETARY OF HOMELAND SECURITY. OF THE AIR FORCE TO THE GRADE INDICATED UNDER The Senate Committee on Banking, THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TITLE 10, U.S.C., SECTION 12203: Housing, and Urban Affairs was dis- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY To be brigadier general charged from further consideration of CONSTITUTED COMMITTEE OF THE SENATE. COL. ALLYSON R. SOLOMON, 0000 the following nominations and the DEPARTMENT OF COMMERCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT nominations were confirmed: STEVEN H. MURDOCK, OF TEXAS, TO BE DIRECTOR OF IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CHRISTOPHER A. PADILLA, OF THE DISTRICT OF CO- THE CENSUS. CATED UNDER TITLE 10, U.S.C., SECTION 624: LUMBIA, TO BE UNDER SECRETARY OF COMMERCE FOR CHRISTOPHER A. PADILLA, OF THE DISTRICT OF CO- To be brigadier general INTERNATIONAL TRADE. LUMBIA, TO BE UNDER SECRETARY OF COMMERCE FOR ALLAN I. MENDELOWITZ, OF CONNECTICUT, TO BE A DI- INTERNATIONAL TRADE. COL. CHRISTOPHER F. BURNE, 0000 RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR DEPARTMENT OF EDUCATION COL. DWIGHT D. CREASY, 0000 A TERM EXPIRING FEBRUARY 27, 2014. IN THE ARMY TRACY RALPH JUSTESEN, OF UTAH, TO BE ASSISTANT The Senate Committee on Health, SECRETARY FOR SPECIAL EDUCATION AND REHABILITA- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Education, Labor, and Pensions was TIVE SERVICES, DEPARTMENT OF EDUCATION. TO THE GRADE INDICATED IN THE UNITED STATES ARMY discharged from further consideration DEPARTMENT OF HOMELAND SECURITY UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general of the following nomination and the JEFFREY WILLIAM RUNGE, OF NORTH CAROLINA, TO nomination was confirmed: BE ASSISTANT SECRETARY FOR HEALTH AFFAIRS AND COLONEL ROBERT B. ABRAMS, 0000 CHIEF MEDICAL OFFICER, DEPARTMENT OF HOMELAND COLONEL RALPH O. BAKER, 0000 DOUGLAS W. WEBSTER, OF VIRGINIA, TO BE CHIEF FI- SECURITY. COLONEL ALLEN W. BATSCHELET, 0000 NANCIAL OFFICER, DEPARTMENT OF LABOR. DEPARTMENT OF JUSTICE COLONEL PETER C. BAYER, JR., 0000 COLONEL ARNOLD N.G. BRAY, 0000 f CYNTHIA DYER, OF TEXAS, TO BE DIRECTOR OF THE VI- COLONEL JEFFREY S. BUCHANAN, 0000 OLENCE AGAINST WOMEN OFFICE, DEPARTMENT OF JUS- COLONEL ROBERT A. CARR, 0000 CONFIRMATIONS TICE. COLONEL GARY H. CHEEK, 0000 NATHAN J. HOCHMAN, OF CALIFORNIA, TO BE AN AS- COLONEL KENDALL P. COX, 0000 Executive nominations confirmed by SISTANT ATTORNEY GENERAL. COLONEL WILLIAM T. CROSBY, 0000 the Senate Wednesday, December 19, JOSEPH P. RUSSONIELLO, OF CALIFORNIA, TO BE COLONEL ANTHONY G. CRUTCHFIELD, 0000 UNITED STATES ATTORNEY FOR THE NORTHERN DIS- COLONEL JOSEPH P. DISALVO, 0000 2007: TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS. COLONEL BRIAN J. DONAHUE, 0000 FEDERAL ENERGY REGULATORY COMMISSION COLONEL PATRICK J. DONAHUE II, 0000 DEPARTMENT OF LABOR COLONEL PETER N. FULLER, 0000 JOSEPH TIMOTHY KELLIHER, OF THE DISTRICT OF CO- HOWARD RADZELY, OF MARYLAND, TO BE DEPUTY COLONEL WILLIAM K. FULLER, 0000 LUMBIA, TO BE A MEMBER OF THE FEDERAL ENERGY SECRETARY OF LABOR. COLONEL WALTER M. GOLDEN, JR., 0000 REGULATORY COMMISSION FOR THE TERM EXPIRING GREGORY F. JACOB, OF NEW JERSEY, TO BE SOLICITOR COLONEL PATRICK M. HIGGINS, 0000 JUNE 30, 2012. FOR THE DEPARTMENT OF LABOR. COLONEL FREDERICK B. HODGES, 0000 DEPARTMENT OF HOMELAND SECURITY KEITH HALL, OF VIRGINIA, TO BE COMMISSIONER OF COLONEL BRIAN R. LAYER, 0000 LABOR STATISTICS, DEPARTMENT OF LABOR, FOR A COLONEL RICHARD C. LONGO, 0000 JULIE L. MYERS, OF KANSAS, TO BE ASSISTANT SEC- TERM OF FOUR YEARS. COLONEL ALAN R. LYNN, 0000 RETARY OF HOMELAND SECURITY. DOUGLAS W. WEBSTER, OF VIRGINIA, TO BE CHIEF FI- COLONEL DAVID L. MANN, 0000 NANCIAL OFFICER, DEPARTMENT OF LABOR. COLONEL LLOYD MILES, 0000 FEDERAL EMERGENCY MANAGEMENT AGENCY COLONEL MARK A. MILLEY, 0000 DEPARTMENT OF STATE W. ROSS ASHLEY, III, OF VIRGINIA, TO BE AN ASSIST- COLONEL JOHN W. NICHOLSON, JR., 0000 COLONEL HENRY J. NOWAK, 0000 ANT ADMINISTRATOR OF THE FEDERAL EMERGENCY MARY ANN GLENDON, OF MASSACHUSETTS, TO BE AM- COLONEL RAYMOND P. PALUMBO, 0000 MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF COLONEL GARY S. PATTON, 0000 SECURITY. THE UNITED STATES OF AMERICA TO THE HOLY SEE. COLONEL MARK W. PERRIN, 0000 CHARLES W. LARSON, JR., OF IOWA, TO BE AMBAS- DEPARTMENT OF COMMERCE COLONEL WILLIAM E. RAPP, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF COLONEL THOMAS J. RICHARDSON, 0000 TODD J. ZINSER, OF VIRGINIA, TO BE INSPECTOR GEN- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF COLONEL STEVEN L. SALAZAR, 0000 ERAL, DEPARTMENT OF COMMERCE. LATVIA. COLONEL RAYMOND A. THOMAS III, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION COLONEL PAUL L. WENTZ, 0000 COLONEL LARRY D. WYCHE, 0000 BENJAMIN ERIC SASSE, OF NEBRASKA, TO BE AN AS- STUART ISHIMARU, OF THE DISTRICT OF COLUMBIA, TO SISTANT SECRETARY OF HEALTH AND HUMAN SERV- BE A MEMBER OF THE EQUAL EMPLOYMENT OPPOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ICES. TUNITY COMMISSION FOR A TERM EXPIRING JULY 1, 2012. IN THE UNITED STATES ARMY TO THE GRADE INDICATED

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 9801 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 19, 2007 CONGRESSIONAL RECORD — SENATE S16071

WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH JEFFREY J. ARMY NOMINATIONS BEGINNING WITH JOE R. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: HOFFMANN AND ENDING WITH GERALD B. WHISLER III, WARDLAW AND ENDING WITH NICKOLAS KARAJOHN, To be lieutenant general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- LT. GEN. R. STEVEN WHITCOMB, 0000 CEMBER 6, 2007. CEMBER 6, 2007. AIR FORCE NOMINATIONS BEGINNING WITH KELLEY A. ARMY NOMINATIONS BEGINNING WITH VANESSA M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BROWN AND ENDING WITH MARK A. NIELSEN, WHICH MEYER AND ENDING WITH JAMES E. ADAMS, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER To be major general 6, 2007. 6, 2007. AIR FORCE NOMINATIONS BEGINNING WITH JOHN R. ARMY NOMINATION OF QUINDOLA M. CROWLEY, 0000, TO BRIG. GEN. JOHN A. MACDONALD, 0000 SHAW AND ENDING WITH NATALIE L. RESTIVO, WHICH BE LIEUTENANT COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH PAUL A. MABRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER AND ENDING WITH ROBERT PERITO, WHICH NOMINA- IN THE UNITED STATES ARMY TO THE GRADE INDICATED 11, 2007. TIONS WERE RECEIVED BY THE SENATE AND APPEARED UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: IN THE ARMY IN THE CONGRESSIONAL RECORD ON DECEMBER 11, 2007. To be brigadier general ARMY NOMINATIONS BEGINNING WITH JOSEPH M. ARMY NOMINATIONS BEGINNING WITH WILLIAM E. ADAMS AND ENDING WITH D060256, WHICH NOMINATIONS COL. DANA K. CHIPMAN, 0000 ACKERMAN AND ENDING WITH MARK A. VAITKUS, WHICH WERE RECEIVED BY THE SENATE AND APPEARED IN THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING ARMY NATIONAL GUARD OF THE CONGRESSIONAL RECORD ON DECEMBER 11, 2007. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ARMY NOMINATIONS BEGINNING WITH ANTHONY J. 15, 2007. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ABATI AND ENDING WITH D060260, WHICH NOMINATIONS ARMY NOMINATIONS BEGINNING WITH RACHEL A. ARM- TITLE 10, U.S.C., SECTION 12203: WERE RECEIVED BY THE SENATE AND APPEARED IN THE STRONG AND ENDING WITH VERONICA A. THURMOND, CONGRESSIONAL RECORD ON DECEMBER 11, 2007. To be major general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH DAVID P. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ACEVEDO AND ENDING WITH X1408, WHICH NOMINATIONS BRIG. GEN. DENNIS L. CELLETTI, 0000 VEMBER 15, 2007. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATIONS BEGINNING WITH VIVIAN T. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON DECEMBER 11, 2007. HUTSON AND ENDING WITH LAURIE E. SWEET, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE COAST GUARD PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 15, 2007. COAST GUARD NOMINATION OF ROBERT A. STOHLMAN, To be lieutenant general ARMY NOMINATIONS BEGINNING WITH GARY D. COLE- 0000, TO BE CAPTAIN. MAN AND ENDING WITH PAUL E. WHIPPO, WHICH NOMI- COAST GUARD NOMINATION OF RAYMOND S. KINGSLEY, LT. GEN. DAVID P. VALCOURT, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- 0000, TO BE LIEUTENANT. FOREIGN SERVICE PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 15, 2007. NATIONAL OCEANIC AND ATMOSPHERIC FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF LILLIAN L. LANDRIGAN, 0000, TO ADMINISTRATION CEDRA DANIELLE EATON AND ENDING WITH DANNY J. BE LIEUTENANT COLONEL. SHEESLEY, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATIONS BEGINNING WITH SARAH B. GOLD- NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- THE SENATE AND APPEARED IN THE CONGRESSIONAL MAN AND ENDING WITH MICHEAL B. MOORE, WHICH TION NOMINATIONS BEGINNING WITH LILLIAN G. K. RECORD ON SEPTEMBER 6, 2007. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BREEN AND ENDING WITH ANNA-ELIZABETH B. VILLARD- FOREIGN SERVICE NOMINATIONS BEGINNING WITH PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER HOWE, WHICH NOMINATIONS WERE RECEIVED BY THE JULIA A. STEWART AND ENDING WITH DEBORAH WIN- 3, 2007. SENATE AND APPEARED IN THE CONGRESSIONAL TERS, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATIONS BEGINNING WITH RICKY A. THOM- RECORD ON NOVEMBER 1, 2007. SENATE AND APPEARED IN THE CONGRESSIONAL AS AND ENDING WITH JOSEPH PUSKAR, WHICH NOMINA- RECORD ON SEPTEMBER 20, 2007. TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY FOREIGN SERVICE NOMINATIONS BEGINNING WITH IN THE CONGRESSIONAL RECORD ON DECEMBER 3, 2007. NAVY NOMINATION OF HORACE E. GILCHRIST, 0000, TO ANNE H. AARNES AND ENDING WITH MELISSA ANN WIL- ARMY NOMINATION OF TARNJIT S. SAINI, 0000, TO BE BE LIEUTENANT COMMANDER. LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE LIEUTENANT COLONEL. NAVY NOMINATIONS BEGINNING WITH RICHARD W. SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF BOCKARIE SESAY, 0000, TO BE RECORD ON OCTOBER 23, 2007. MAJOR. SISK AND ENDING WITH JOHN T. SCHOFIELD, WHICH FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF DEBORAH MINNICKSHEARIN, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PAMELA E. BRIDGEWATER AND ENDING WITH FRONTIS B. 0000, TO BE MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER WIGGINS, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATION OF STEPHEN L. FRANCO, 0000, TO BE 3, 2007. SENATE AND APPEARED IN THE CONGRESSIONAL MAJOR. NAVY NOMINATIONS BEGINNING WITH STEPHEN W. AL- RECORD ON OCTOBER 23, 2007. ARMY NOMINATION OF GEORGE QUIROA, 0000, TO BE DRIDGE AND ENDING WITH KRISTOFER J. WESTPHAL, FOREIGN SERVICE NOMINATIONS BEGINNING WITH LIEUTENANT COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JEFFERY A. LIFUR AND ENDING WITH MARWA ZEINI, ARMY NOMINATIONS BEGINNING WITH DAVID N. AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GERESKI AND ENDING WITH CLINT E. WALKER, WHICH CEMBER 11, 2007. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VEMBER 1, 2007. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER FOREIGN SERVICE NOMINATIONS BEGINNING WITH S. 3, 2007. f NAJLAA ABDUS-SAMAD AND ENDING WITH LONNIE J. ARMY NOMINATION OF KIMBERLY K. JOHNSON, 0000, TO PRICE, WHICH NOMINATIONS WERE RECEIVED BY THE BE MAJOR. SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH ALAN JONES WITHDRAWAL RECORD ON NOVEMBER 7, 2007. AND ENDING WITH CHANTAY P. WHITE, WHICH NOMINA- IN THE AIR FORCE TIONS WERE RECEIVED BY THE SENATE AND APPEARED Executive Message transmitted by IN THE CONGRESSIONAL RECORD ON DECEMBER 3, 2007. AIR FORCE NOMINATION OF JOSEPH V. TREANOR III, ARMY NOMINATIONS BEGINNING WITH MARIAN the President to the Senate on Decem- 0000, TO BE COLONEL. AMREIN AND ENDING WITH D060583, WHICH NOMINATIONS ber 19, 2007 withdrawing from further AIR FORCE NOMINATION OF PAMALA L. WERE RECEIVED BY THE SENATE AND APPEARED IN THE BROWNGRAYSON, 0000, TO BE MAJOR. CONGRESSIONAL RECORD ON DECEMBER 3, 2007. Senate consideration the following AIR FORCE NOMINATION OF ALICIA J. EDWARDS, 0000, ARMY NOMINATION OF DANIEL J. JUDGE, 0000, TO BE nomination: TO BE MAJOR. LIEUTENANT COLONEL. AIR FORCE NOMINATIONS BEGINNING WITH THERESA ARMY NOMINATIONS BEGINNING WITH RICHARD HAR- ROBERT D. JAMISON, OF VIRGINIA, TO BE UNDER SEC- D. BROWNDOONQUAH AND ENDING WITH CHERYL A. RISON AND ENDING WITH GREGORY W. WALTER, WHICH RETARY FOR NATIONAL PROTECTION AND PROGRAMS, JOHNSON, WHICH NOMINATIONS WERE RECEIVED BY THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DEPARTMENT OF HOMELAND SECURITY, VICE GEORGE SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER W. FORESMAN, RESIGNED, WHICH WAS SENT TO THE SEN- RECORD ON DECEMBER 6, 2007. 6, 2007. ATE ON SEPTEMBER 4, 2007.

VerDate Mar 15 2010 22:18 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 9801 E:\2007SENATE\S19DE7.REC S19DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY