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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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