Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, TUESDAY, FEBRUARY 6, 2007 No. 22 Senate The Senate met at 10 a.m. and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable JON PRESIDENT PRO TEMPORE, pore. Is there objection? TESTER, a Senator from the State of Washington, DC, February 6, 2007. Without objection, it is so ordered. Montana. To the Senate: Under the provisions of rule I, paragraph 3, f of the Standing Rules of the Senate, I hereby MORNING BUSINESS PRAYER appoint the Honorable JON TESTER, a Sen- The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform pore. Under the previous order, there fered the following prayer: the duties of the Chair. will be a period for the transaction of Let us pray. ROBERT C. BYRD, morning business, with Senators per- Gracious God, who reveals Yourself President pro tempore. mitted to speak therein for up to 10 gloriously in the rising and setting Mr. TESTER thereupon assumed the minutes each, with the first half hour Sun, make us good stewards of Your chair as Acting President pro tempore. under the control of the majority and blessings. Give us opportunities to help f the next half hour under the control of solve the problems in our world by RESERVATION OF LEADER TIME the minority. using our minds to produce creative solutions. The ACTING PRESIDENT pro tem- f Inspire our Senators. As they abide pore. Under the previous order, the RECOGNITION OF MINORITY in Your presence, make them receptive leadership time is reserved. LEADER to Your guidance. Fill their minds with f The ACTING PRESIDENT pro tem- insight and wisdom, their hearts with RECOGNITION OF THE MAJORITY pore. The Republican leader is recog- resiliency and courage, and their bod- LEADER nized. ies with vigor and vitality. Today, give f them the grace to think not of what The ACTING PRESIDENT pro tem- they can get but of what they can give. pore. The majority leader is recog- IRAQ FUNDING nized. Empower them to practice conciliation Mr. MCCONNELL. Mr. President, at without compromise. Place Your arms f this time there is no more important of protection around them and their SCHEDULE issue facing our country than the mis- loved ones. sion and the fate of the American serv- Mr. REID. Mr. President, today the We pray in Your all-powerful Name. ice men and women in Iraq. This Senate will be in morning business. Amen. means, of course, that the men and During the period of morning business, women of this body have no higher the first 30 minutes will be controlled f duty than to express ourselves openly by the majority, with Senators LEAHY, and honestly on this issue—to take a MIKULSKI, and KENNEDY each control- PLEDGE OF ALLEGIANCE stand on where we stand. ling 10 minutes. The next 30 minutes The only truly meaningful tool the The Honorable JON TESTER led the will be controlled by the Republicans. Framers gave us to do this was our Pledge of Allegiance, as follows: Following that division, the remaining ability to fund or to not fund a war. I pledge allegiance to the Flag of the time until 12:30 will be equally divided That is it. And this is what Repub- United States of America and to the Repub- and controlled between the minority licans are insisting upon: that the lic for which it stands, one nation under God, and the majority. indivisible, with liberty and justice for all. Members of this body express them- The Senate will be in recess this selves on the question of whether to Tuesday, today, for a longer period of f fund or not fund the war in Iraq. time than normal, from 12:30 to 3:30. By blocking a vote on the Gregg The recess is longer because we have a funding resolution, our good friends on APPOINTMENT OF ACTING 2:30 p.m. briefing in room 407 on the the other side are blocking a vote on PRESIDENT PRO TEMPORE National Intelligence report we just re- this most essential question—the only The PRESIDING OFFICER. The ceived. question that ultimately matters. Do clerk will please read a communication ORDER OF PROCEDURE we oppose this war to the point of ac- to the Senate from the President pro I ask unanimous consent that the tion or do we simply want to make a tempore (Mr. BYRD). time from 3:30 to 6:30 today also be point? The assistant legislative clerk read equally divided and controlled between Our colleagues say they want the following letter: the majority and minority. progress in Iraq, but by blocking a vote

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

S1583

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1584 CONGRESSIONAL RECORD — SENATE February 6, 2007 on the McCain benchmarks resolution, strategy they know is doomed to failure, and carried it out so incompetently. Far bet- they are blocking a vote that would ac- shouldn’t you be skeptical of their advice? ter for them to heap blame on the war’s op- tually set concrete goals. As the Senate considers a resolution to put ponents for ‘‘losing faith.’’ And they know, as the war’s opponents So let’s be very clear about what itself on record opposing President Bush’s escalation of the Iraq war through a ‘‘surge’’ of should, that in a democracy whose constitu- happened last night. Our colleagues on troops, Bush’s backers are saying one thing tion accords so much power to the president, the other side do not want to vote on and doing another. turning around even a failed war policy whether troops should be funded—pe- They are saying that the resolution is takes time, persuasion, organizing, legisla- riod. There is no more critical question meaningless and that true opponents of the tive strategizing and pressure. at this moment. We have the duty to war should prove their sincerity by cutting The impatience of the administration’s off funding altogether. But they are doing all critics is entirely understandable. But it take it up, and we will continue to would be a shame if impatience got in the fight for that right. they can to keep the Senate from even voting on a bipartisan anti-surge resolution way of a sensible long-term strategy to bring Mr. President, I yield the floor. that would send a powerful message to Bush America’s engagement in this war to as de- f that most Americans have lost faith in his cent an end as possible as quickly as possible—even if not as quickly as they’d like. RECOGNITION OF THE MAJORITY bungled war policy. If you doubt that the war’s supporters The anti-surge resolution is a necessary first LEADER. would love its opponents to put all their eggs step, which is why those who are against a The ACTING PRESIDENT pro tem- in the fund-cutoff basket, consider what it genuine change in our Iraq policy are fighting so hard to stop it. pore. The majority leader is recog- means for them to sound as if the adminis- nized. tration’s only serious foes were the likes of (The remarks of Mr. LEAHY per- Dennis Kucinich and Cindy Sheehan. taining to the introduction of S. 495 are f ‘‘I don’t think these resolutions, non- located in today’s RECORD under IRAQ ESCALATION binding resolutions, are going to accomplish ‘‘Statements on Introduced Bills and anything,’’ Sen. John Cornyn, a Texas Re- Mr. REID. The issue before the Amer- Resolutions.’’) publican and a Bush loyalist, told Gwen Ifill Mr. LEAHY. Mr. President, I yield ican people that relates to Iraq is the on PBS’s ‘‘NewsHour’’ last week. ‘‘If we real- surge—the escalation of the war in the floor. ly had the courage of our convictions,’’ The ACTING PRESIDENT pro tem- Iraq. That is the debate that should be Cornyn said, the ‘‘we’’ referring to the war’s pore. The Senator from Maryland. before this body, and last night that opponents, ‘‘if people said, ‘You know what? was prevented. An up-or-down vote on This is an immoral task we’ve asked our f troops to do because we don’t believe in the MCCAIN, who is supporting the surge, IRAQ mission, we think they’re going to fail.’ or a vote in opposition to the surge, They ought to cut off funds. But to have this Ms. MIKULSKI. Mr. President, to my the escalation sponsored by WARNER sort of—this debate without any real con- colleagues, my constituents, and the and LEVIN—that is the issue before this sequence, I just don’t think is the best use of American people, I rise today to abso- body today. our time.’’ lutely say without any equivocation This is a diversion. This is a diver- So Cornyn wants to block a vote on a sup- that I do support the Warner-Biden- sion. We finished the Super Bowl. This posedly unimportant anti-surge resolution, Levin resolution on Iraq opposing the is a trick play by the Republicans. The but he would be happy to entertain a debate escalation of our troops. I also stand in real issue before this body is surge or on a funding cutoff. Does that not send a message to the war’s critics? the Senate to say: We were robbed! We no surge, escalation or no escalation. And it’s not just Cornyn. It is now a stand- were robbed of our ability to be able to That is the debate the American people ard talking point for supporters of this war, vote on this resolution! deserve. from the editorial pages of the Wall Street The American people, on November 7, The ACTING PRESIDENT pro tem- Journal and the Weekly Standard to Vice sent a message to Congress and to the pore. The Senator from Vermont is rec- President Cheney himself, to try to block President of the United States: Change ognized. any statement by Congress of its views, ex- the tone in Washington, change the di- Mr. LEAHY. Mr. President, what is cept through a vote to block funds for Iraq. rection in Iraq, and change the prior- ‘‘The Congress has control over the purse ities of this Nation. We, on this side of the parliamentary situation? strings,’’ said Cheney, who on most other oc- The ACTING PRESIDENT pro tem- casions insists upon the executive’s suprem- the aisle, got the message. The other pore. The Senator from Vermont is rec- acy over Congress. In an interview with side does not seem to have. This par- ognized for 10 minutes. CNN’s Wolf Blitzer last month, Cheney liamentary maneuver to block a vote Mr. LEAHY. I thank the distin- added: ‘‘They have the right, obviously, if on the Warner-Biden-Levin resolution, guished Presiding Officer. they want to cut off funding, but in terms of to allow us to vote up or down on ap- I heard what the distinguished ma- this effort the president has made his deci- proving the escalation, shows that it is jority leader said. I agree with him. sion. . . . We’ll continue to consult with the the same old tone. Please, let’s give the The Senate, as I have often said, should Congress. But the fact of the matter is, we process a chance. need to get the job done.’’ be the conscience of the Nation. There Second, it also robs us of the ability In other words: Even if a substantial ma- to begin to express our vocal support are only 100 of us to represent 300 mil- jority of Congress that includes many Re- lion people. Americans expect us to publicans demonstrates a lack of confidence for changing the direction. speak up on the war. Americans expect in the Bush-Cheney surge, the administra- This bipartisan resolution is a first us to vote on the war. Americans ex- tion will feel free to ignore the other elected step. It is not going to be the last word pect us to vote on the issue of the branch of our government—and the more rein bringing our troops home safely and surge. cently elected branch (remember November, swiftly. The Warner-Biden-Levin reso- Now, I understand some Senators anyone?) at that. lution affirms clearly and unequivo- Oh, and if an anti-surge resolution were cally a commitment to our men and will support the surge, some will op- trivial, why would William Kristol, editor of women in uniform: Congress will not pose it, but allow us to have those the Weekly Standard and one of the war’s abandon you while you are in Iraq and votes. Allow us to express the con- most passionate advocates, devote a long and when you come home. We stand by our science of this Nation. angry editorial in the latest issue of his mag- troops. However, this resolution says I ask unanimous consent that a col- azine to attacking Sen. John Warner (Va.) ‘‘no’’ to the President’s reckless plan umn by E.J. Dionne entitled ‘‘The War and other Republicans as ‘‘ignominious’’ for to escalate troop presence in Iraq. The To Save The Surge’’ from today’s their support of an anti-surge measure? Kristol knows that every Republican vote bipartisan resolution insists that the Washington Post be printed in the against escalation carries special weight in Iraqi Government stand up for its own RECORD. speeding this war to an end. So does the Sen- people to provide security, services, There being no objection, the mate- ate’s Republican leadership, which used a and an agreement on oil revenue shar- rial was ordered to be printed in the procedural vote yesterday evening to impede ing. RECORD, as follows: the majority’s will on the surge. I am not new to this position. I never [From the Washingtonpost.com, Feb. 6, 2007] Supporters of Bush’s war policy would love a vote on a full funding cutoff right now be- wanted to go to war in the first place. THE WAR TO SAVE THE SURGE cause they know that, at this moment, they I was 1 of the 23 who voted against this (By E. J. Dionne, Jr.) could win it. They would love responsibility war on October 11, 2002—4 years ago. I When political opponents tell you that to for the failures in Iraq to fall not on an ad- will never forget it. I didn’t believe the prove your seriousness you need to pursue a ministration that planned its policy so badly administration’s arguments then, and I

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.001 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1585 don’t believe them now. I opposed giv- didn’t show up at all. It is their war to approve this escalation. One way or ing the President unilateral authority and they are not showing up. Why the other, that is our constitutional to launch a preemptive attack. I said should we show up for their war when duty. the United States had to exhaust its they have a 50-percent attendance The President says he does not need diplomatic options. I encouraged the rate? What is wrong with this think- congressional consent to be able to do administration to stick with the U.N., ing? this reckless escalation. But he sure to let the U.N. meet its responsibility As much as possible, the current U.S. does need congressional advice. And to deal with the Saddam threat. I said military operations should be confined my advice is, let’s send in the dip- we should not go on our own. to these goals. We show up, they don’t. lomats before we send in more troops. The day of the vote, I was so filled Something is really wrong with this We need a robust diplomatic strategy with apprehension about the course of picture. to match our robust military strategy. the war, about the course we were em- The bipartisan resolution calls for We need to make it clear that the Con- barking on, I said in this Senate that the United States to engage the na- gress will not abandon our troops in we don’t know whether our troops will tions in the Middle East to develop a the field, and we will not abandon them be greeted with flowers or landmines. regionally and internationally spon- when they come home. Look at this Well, now we know. That mission did sored peace and reconciliation process. President’s budget; we are abandoning not get accomplished. I called the 72 That is what we should be doing. The our troops. This whole escalation— families in Maryland who gave their resolution says it should not be an sure, they talk about money for the lives and made the ultimate sacrifice. I open-ended commitment or uncondi- 21,000, but it takes another 20,000 to know what is going on out there with tional. Sure, there should be bench- support them. They don’t walk their the families. I also know when we got marks, but benchmarks with enforce- talk. They don’t put the money in the to Iraq there were no weapons of mass ment capability. budget. destruction, but the destruction hap- I do support this resolution because Then we have our troops coming pened, and it happened fast. it makes clear to our men and women home. You look at the President’s No one can ask more of our troops. in uniform that Congress will not aban- budget on Veterans Affairs—not only They are brave. They are courageous. don them. It explicitly says that Con- have they lost the records, they have They have fought valiantly. But after 4 gress should not take any action that lost their way at VA. We are not years of fighting, where are we in Iraq? will endanger U.S. military forces in equipped to deal with Iraq and Afghani- Well, the United States, went to war the field. Whether on the battlefield or stan veterans coming home. They have with Iraq, but right now we are at war on the homefront, our troops deserve horrific, permanent wounds of war, and within Iraq. Saddam is gone, but we the best. we have a weak, unreliable funding sys- are still there. And we are mired in a Also, the latest intelligence shows tem. You can’t just support the troops civil war between different ethnic and that Iraqi leadership has to make dif- with yellow ribbons. You have to put sectarian groups. ficult changes. The solution in Iraq re- the money behind it. How about put- I have stated what I am against, but quires a political solution from the ting the money behind it when they let me state what I am for. I am for the Iraqis—not military muscle—from the come home? They need us. And they Warner-Levin-Biden resolution. I sa- Americans. need us not only with words; they need lute the leadership who produced it: There are parts of this resolution us with deeds in the budget process. JOHN WARNER, a decorated war hero, with which I don’t agree. They call it And I don’t see it. former Secretary of the Navy, chair- an augmentation; I call it escalation. I Now, we also need to make it clear to man of the Committee on Armed Serv- oppose the calls for the vigorous oper- Iraqi Prime Minister Maliki that he ices when the Republicans were in con- ations at Anbar until there is greater has to start to act. Speaking of show- trol, a distinguished person, and a man clarification. There is no doubt that al- ing up, I saw they could not get a of great comity and civility—no one Qaida is operating in Iraq. But when I quorum in the Iraqi Parliament. Only more compassionate about America’s voted 4 years ago, al-Qaida was not 50 percent of the troops show up, their security than JOHN WARNER; JOE there; they were in Afghanistan. Why own Parliament doesn’t show up, but BIDEN, chair of our Foreign Relations didn’t we stick with Afghanistan and we show up with 21,000 more troops? Committee; CARL LEVIN, an expert on really clean their clock? Now the The Prime Minister must meet bench- the Committee on Armed Services and President wants to send more Marines marks. now the chairman. They put their to Anbar to fight al-Qaida when we Let me conclude by saying that a heads together and they came up with should have been in Afghanistan, great American military should not be this resolution, and to a man—and this catching Osama bin Laden. a substitute for a weak Iraqi Govern- woman supports them—the Senate op- We do need a way forward in Iraq. ment. Neither Congress nor the Amer- poses the President’s plan because we The Iraq Study Group gave us 79 rec- ican people will abandon our troops, think it is reckless. ommendations as a way to go forward. but the best way to support our troops The bipartisan resolution says the Surely the President of the United is not to send more in harm’s way. objective of overall U.S. strategy in States could have found 50 for us to sit Mr. President, I ask unanimous con- Iraq should be to encourage Iraqi lead- down at a table, talk, and work to- sent that the remaining time for Sen- ers to make political compromises, to gether for the good of our country, the ator KENNEDY be reserved. foster reconciliation, and strengthen good of our troops, and the good of The ACTING PRESIDENT pro tem- the unity government. This is what I peace in the Middle East. Seventy-nine pore. Without objection, it is so or- consider essential. recommendations and they have all dered. The resolution says the primary ob- been cast aside. The Iraq Study Group Ms. MIKULSKI. I yield the floor. jective of our military strategy should calls for diplomatic and political ef- The ACTING PRESIDENT pro tem- be to maintain Iraq’s territorial integ- forts, a change in their primary mis- pore. The Senator from Texas. rity—fancy words for protecting the sion to move our troops out of Iraq re- f border; deny the terrorists a safe sponsibly. They gave us a way forward haven—yes, but they weren’t there in that they believe could have gotten our IRAQ the first place; promote regional sta- troops out by the first quarter of 2008. Mr. CORNYN. Mr. President, I noted bility; promote counterterrorism; train Let’s give those 79 recommendations at with some interest the headline in to- and equip the Iraqi forces. We have least a forum to be debated and dis- day’s Washington Post. It says ‘‘GOP been doing it for 3 years. Guess what? cussed and acted on. Stalls Debate on Troop Increase.’’ I They have not been showing up! And Where do we go from here? I will tell must say, in light of the remarks of the the other day when they were supposed you where I think we ought to go. First Senator from Maryland, obviously no- to show up for a battle, 55 percent of of all, we ought to have a vote on the body has stalled the debate on troop in- them showed up in Baghdad. Gates, our Warner-Biden-Levin resolution. If they crease or anything else to do with the new Secretary of Defense, said: Isn’t do not want to give us that, give us a conflict in Iraq. In fact, I think that is this improvement? Last year, they vote on the McCain resolution to vote a positive thing because there isn’t

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.003 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1586 CONGRESSIONAL RECORD — SENATE February 6, 2007 anything more important, in my view, mously—a bipartisan group—they port this new plan forward and bring than debating this important issue could support a temporary surge of stability to Iraq long enough to where and, as the Senator from Maryland troops to secure Baghdad if it was nec- the Iraqis—which is their responsi- said, supporting our troops. essary. bility—can engage in the reconcili- I do have profound disagreement, Indeed, if you look at this new way ation process and the political process though, that these nonbinding resolu- forward, that is precisely what it is, a necessary to stabilize that country, tions which have been offered do any- temporary surge, supporting Iraqi which is in their best interest, which is thing other than encourage our enemy troops to provide an opportunity not in our best interest? Because we know and undermine our troop morale. only to clear but to hold Baghdad and if things spiral out of control in Iraq, if I wonder why it is that so many are then to build and begin the political we decide to precipitously leave Iraq insistent that we proceed forward on reconciliation process that is necessary and it becomes a failed state or be- nonbinding resolutions when, in fact, for stabilization. comes a killing field for ethnic cleans- we know what power the Congress has My colleagues on the other side of ing, we will most likely have to return when it comes to war. It is not to sup- the aisle are saying we do not want to at even greater loss of blood and treas- plant the Commander in Chief, it is not debate, when the truth is they are de- ure. to have 535 micromanagers, but it is nying us a right to vote on some of the So I would ask the new majority, the power of the purse. Yet it is the key resolutions that define the nature since the Senator from Maryland men- very amendment that Senator GREGG, of the debate in this Congress. tioned the election of November 7, the Senator from New Hampshire, has We want a debate. We want a debate, what is your plan? To criticize may be offered that the majority leader has de- but we want it to be a fair debate. And OK if you are in the minority. But if nied an opportunity to debate and on we want it to be representative. We you are the majority, surely you have which to have have an up-or-down vote. want to expand and extend the debate a responsibility to offer a constructive That is what the vote yesterday was so we can fully examine and discuss alternative. It is not constructive to about. It is not to cut off debate; it is what is at stake in this central front in merely criticize the new plan that is to make sure the debate continues and the global war on terror. We want a going to be executed by the new com- that the varied positions espoused by full and comprehensive debate and an mander, unanimously confirmed by Members of the Senate are not only opportunity to vote. Do they? this Congress, and a new Secretary of fully debated but that there is an op- If our friends on the other side of the Defense. portunity to vote on those positions. aisle are serious when they say they do I must say, with all due respect, it is At least two Members of the major- not want to block funding for our not supporting our troops to send them ity—Senator DODD and Senator FEIN- troops, then why are they dodging an into harm’s way if, in fact, our col- GOLD—have made it clear that they be- amendment offered by Senator GREGG leagues believe all is lost and they can- lieve the power of the purse should be that would allow them a vote on that not succeed. I do not believe that. But exercised to cut off funding to support important issue? if, in fact, they truly do believe that, this new plan forward. While I disagree Now, I disagree that we should ever then they should stand up and be will- with them, I do respect the fact that cut off funds to support our troops ing to vote on the only resolution that they actually intend to vote for some- while they are in a time of war. But I would have an outcome on that deter- thing that would make a difference in think if you feel what is happening in mination. That is the Gregg amend- the outcome as opposed to the non- Iraq cannot be justified, if you feel we ment. binding resolutions which have been of- have already lost and we are merely It is because we have been denied an fered by Senator LEVIN and others. sending more troops into harm’s way, opportunity to vote on that only I do not understand why it is the with no chance of accomplishing the amendment that counts that this de- critics—the President’s critics and the mission, then I would say the only real bate continues. It was not cut off yes- critics of what is happening in Iraq— vote that matters would be one that terday; merely a fair process was se- why they will not take yes for an an- would cut off the funds to allow that to cured for those of us who think that all swer. Yes, as the Senator from Mary- happen. That would be the moral deci- views ought to be represented and we land said, on November 7, obviously, sion to make. I simply disagree with ought to have more than one vote rath- Iraq was on the minds of the American the judgment. I do not believe all is er than be railroaded in this process. people. It is one of the reasons why, lost. I do believe this new plan, this Mr. President, I yield the floor. frankly, the then majority is no longer new commander, this new Secretary of The ACTING PRESIDENT pro tem- the majority. Defense have a reasonable chance of pore. The Senator from South Dakota. There were critics on the other side success. Mr. THUNE. Mr. President, yester- of the aisle who said the Secretary of Now, we all agree the consequences day, by a vote of 49 to 47, a cloture mo- Defense needed to be replaced. Now we of failure in Iraq are not simply some- tion failed that would have essentially have confirmed a new Secretary of De- thing we can walk away from. The Iraq cut off a broader debate on the big fense, Secretary Robert Gates. Study Group said that failure in Iraq issue of the day; that is, how are we There are those who said: What we could result in a regional conflict, going to deal with the situation in are doing in Iraq is not working, so we most likely ethnic cleansing, where the Iraq? I think the vote failed not be- need a new commander. And, indeed, sectarian violence would spiral out of cause, as was reported in some news- we have confirmed, unanimously, a control, perhaps bringing in other papers, Republicans did not want to de- new commander of Coalition Forces in countries to defend the various sec- bate the issue but, rather, because we Iraq. tarian parties to that conflict. want a full debate on the issue. There are those who said: We need a We know from sad experience what The importance of this issue and the new plan in Iraq. And lo and behold, happened in Afghanistan after the So- stakes associated with its outcome the President announced a new plan viet Union was defeated by the Afghan warrant a full debate, not one re- after lengthy consultation. rebels, where the Taliban and al-Qaida stricted by one party in the Senate. I think there is a fair amount of revi- set up business in Afghanistan and The full range of views on this issue de- sionist history or selective memory used that as a place to train and re- serves to be heard. They deserve a going on. For example, there are some cruit and then to launch terrorist at- voice in the Senate. The American peo- who said the President did not con- tacks against the United States, such ple deserve that debate. And surely, sider, in coming up with this new plan, as what occurred on September 11, 2001. the Americans in uniform who are the provisions of the Iraq Study Group. Where is the plan of the critics of fighting and dying deserve that debate Of course, this is a bipartisan group this new way forward in Iraq? What is in the Senate. that made 79 different recommenda- their plan to avoid a failed state in Saturday, I attended two welcome tions. But I would challenge the critics Iraq? Where is their plan to avoid the home ceremonies for National Guard who say the President ignored the Iraq kind of regional conflict and the hu- units. Both performed superbly in Study Group report to look at page 73 manitarian crisis that will most likely fighting the global war on terror. The of that report, where they say, unani- occur if, in fact, we do not try to sup- 114th Air Wing, a National Guard unit

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1587 in Sioux Falls, SD, has been deployed tunities to interact with the families, way, we are allowing a debate to go all over the planet. They have been in with those whom these soldiers left be- forward that examines the full range of Afghanistan. They have been in Iraq— hind. It is heartbreaking to see the sep- views, the full range of options that are 16 different places since 2001, after the aration, the consequence, and the cost available to the Senate. Frankly, the terrorist attacks, in each case per- of war. Yet at the same time, we have one that matters the most, in terms of forming with distinction. They support to realize when we get into a conflict the options we have as a nation and as an F–16 mission and have been utilized like this, it is not just about what we the Senate, comes down to the issue of extensively. In fact, 72 percent, I be- are doing today, it is about securing a funding. Frankly, we don’t have an op- lieve, of all the members of that unit better, safer, more secure future for portunity in this debate to talk about have been deployed someplace in the the next generation of Americans. the real tool the Senate has when it last 5 years, as we have been fighting That is why this debate is so impor- comes to this issue; that is, the issue of this war on terror. tant. Many have argued what is hap- funding. We have nonbinding resolu- They and their families deserve a de- pening today in the Middle East, in tions. Everybody wants to debate non- bate in the Senate about the future of Iraq, is simply a regional conflict or a binding resolutions. They are non- that mission they have been under- conflict between different sects within binding, but they are not meaningless. taking. There has been a lot of debate Iraq. But, frankly, we all know this— They send a message that we are not around the country, a lot of debate in you do not have to be a rocket sci- supportive of the mission our troops Washington about what to do next. We entist to see what happens when these are undertaking. have now before us a plan which is a terrorist organizations are left free to But if the Senate is serious about change of strategy. It incorporates prey in areas such as that, where there doing its work, and if there are well- more involvement by the Iraqi security is not a lot of control and security. meaning and thoughtful people on the forces in terms of their military. Also, They begin to use these places as sanc- other side of the aisle who want to their political structures, their Gov- tuaries and safe havens to launch at- have this debate, then we ought to get ernment has certain benchmarks it has tacks against other places across the down to what real options, what the to meet and economic requirements world, including the United States. real tools are at the disposal of the they have to comply with regarding It is important, in this global war on Senate when it comes to having any the division, distribution of oil reve- terror, that we understand what the kind of a role in what happens in the nues—a whole range of things that consequences and stakes of our failure future of Iraq. That is the issue of have given us a new opportunity, a new are. I believe that is why, when we funding. opening to get this right with the situ- have a debate, we need to have a debate The leadership on the other side has ation in Iraq. that reflects the full range of options said: We are not going to allow you to I believe the families of those who and the full range of views that are have a debate that includes that op- have served and sacrificed certainly de- available to the Senate when it comes tion, that includes the other options serve to have a full debate, not a re- to the future of Iraq—again, the discus- proposed, some from the other side stricted debate, in the Senate, a full sion about consequences of failure, the that have talked about troop caps, debate where the full range of views, discussion about plans going forward. withdrawal timelines. the full range of options that are held Right now we have a plan in front of Ultimately, fundamentally, if the by the American people can be ade- us. We have a strategy that has been other side is serious, let’s have a de- quately voiced. put forward by the President and his bate about funding because that is the I also attended a welcoming home commanders in the region. We have a tool the Congress has at its disposal. If ceremony for the 147th Field Artillery, new commander on the ground, Gen- that is not a part of the debate, we are 1st Battalion, Charlie Battery, in eral Petraeus. We have some new not serious about this debate or the Yankton, SD. This is a unit which has troops heading into the area. There are range of options that ought to be heard contributed mightily to the war on ter- changes in the rules of engagement. and voiced in the Senate. ror and suffered greatly. They have had This may be our last best shot, our last I see I have other colleagues who four members of their unit who never best hope of being able to get this want to speak on this issue. I yield the floor. came back, killed by IEDs: SGT Rich- right. The ACTING PRESIDENT pro tem- We have engaged in this debate in the ard Schild, SGT Daniel Cuka, SGT pore. The Senator from Massachusetts. Allen Kokesh, and SGT Greg Wagner— Senate which, again, in my view, sends Mr. KENNEDY. Mr. President, I be- young Americans who will never be entirely the wrong signal, the wrong lieve I have 10 minutes; is that correct? with their families again. message to our troops and to our en- The ACTING PRESIDENT pro tem- Also, they had a young sergeant in emies who interpret these messages pore. The Senator is correct. their unit who has suffered debilitating that we send as a lack of resolve, a Mr. KENNEDY. Would the Chair re- injuries, brain injuries that he con- lack of will to finish what we started. mind me when there is a minute re- tinues to receive intensive medical More importantly, ultimately, the rea- maining? treatment for and perhaps will never be son this has such great weight and The ACTING PRESIDENT pro tem- the same. They had a young specialist, gravity is that the people who are the pore. Yes. Brian Knigge from Plankinton, SD, primary receivers of the messages we Mr. KENNEDY. I thank the Chair. who suffered injuries from which he is send are the troops in the field. It is Mr. President, last evening the Re- still recovering. very difficult to say to those troops publicans said no to an honest debate They are a unit that has suffered who are day in and day out putting on about what is best for our troops in greatly in this war on terror. Yet there the uniform of the United States, per- Iraq, our national security, and for the is a tremendous resilience and commit- forming a mission that we have asked American people. Our men and women ment and dedication to the mission. them to do, which we have pointed out in uniform have done everything that The area in which they were involved has grave consequences not only for we have asked them to do. They have was the training of Iraqi security that immediate region but for the en- served with dignity, honor, and valor. forces, specifically the Iraqi police, in tire free world—if you look at the arc They have served in Iraq longer than the area of Baghdad, which is why it of extremism that branches from areas American forces fought in World War was so very dangerous for them. And such as Afghanistan and al-Qaida to II. It has been said by Republicans and the IEDs that have killed and seriously areas such as some of the terrorist or- Democrats: This doesn’t cry for a mili- injured so many of our young Amer- ganizations in Lebanon, in the Pales- tary solution, it cries for a political so- ican soldiers who are serving in that tinian territories, all these terrorist lution and resolution. Still we have a region did four of their comrades in. organizations and attacks are orches- President who is relying on sending an And as I said, a couple are very seri- trated by organizations that want to additional 20,000 to 38,000 troops more ously injured. kill and destroy Americans. to what is effectively a civil war. They and their families who have We have a responsibility in the de- The cost in blood and treasure has sacrificed so greatly—and when I go to bate to make sure that when we are been staggering. More than 3,000 Amer- these events, I, obviously, have oppor- putting young Americans in harm’s icans have been killed so far, including

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.006 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1588 CONGRESSIONAL RECORD — SENATE February 6, 2007 64 from Massachusetts; more than ices to help those children in high the most vulnerable in our society. 23,000 have been wounded. In my home school. We are not going to move to- They are paying the price. Read the community, SGT Alexander Fuller of ward smaller class sizes. We are not President’s budget. Make no mistake Centerville, MA, was buried last week; going to have an effective program to about it. Who is paying the price? They Keith Callahan of Woburn, MA— bring in parents. We are not going to are paying the price, the neediest peo- Woburn, MA, that had a higher per- have the examination of these children ple in our society. centage of soldiers killed in Vietnam to find out what they need in terms of Then it comes from the poor who are than any other community in our help in their classes. No, because we struggling against the bitter cold. It State. High school class after high are shipping billions of dollars to Iraq. cuts 17 percent of the funding for the school class after high school class Twenty-three thousand children are Low Income Energy Assistance Pro- joined the U.S. Marines. They were in in the streets of Philadelphia today, gram that helps low-income families the thick of the fighting with dev- having dropped out of school; 22,000 heat their homes. Maybe it is warm in astating losses. Keith Callahan, in his children have dropped out of school in certain parts of this country, but it is fourth trip to Iraq, was killed just 10 Cleveland, OH. It is happening all over cold as can be in many others. There days ago. The services in that commu- the country. And what are we doing? are a lot of needy people in those cold nity took place last week. Sending away billions and billions of areas where there is a completely inad- Hundreds of thousands of Iraqis have dollars that ought to be there for pre- equate fuel assistance program now. been killed, and millions have fled vention programs to stop those chil- This administration has cut back on their homes. We have spent hundreds of dren from dropping out of school, to that program year after year after billions of dollars on the war already. help those children get back into year, and this year is no different, a 17- Today the President is asking for hun- school so they will have useful and pro- percent reduction. dreds of billions of dollars more. Presi- ductive lives. They are the ones who Most of the elderly people, the needy dent Bush insists on his policy of esca- are paying for these wars. people in my State, need to have their lation, while most of us in Congress are As to seniors, our disabled citizens, oil tanks, if they are using home heat- increasingly convinced that deescala- the President cut $66 billion from the ing oil, filled three times a year. This tion is the only realistic strategy. The Medicaid Program which is a lifeline to won’t even let them get one tank of American people do not support further millions of retirees and disabled chil- fuel assistance in their homes over the escalation of this war. The legislation dren. I was there when President John- year. The poor are paying a fearsome on which we seek an honest debate is son said: You work hard, you pay into price. They are seeing their funding di- intended to make a record of who is on the Medicare Program, pay into those verted to these conflicts and the surge the side of the American people and op- programs, and we guarantee you that in Iraq. poses sending tens of thousands more you are going to have the health care This is a war that never should have American troops into this civil war. you need for the rest of your life. That happened. It is a war that should be Despite the clear result of the No- is a commitment that we made. Now brought to an end. Yet the administra- vember election, our Republican col- we are skimping on it. We didn’t pro- tion is allowing it to go on and on, mistake after mistake after mistake. This leagues are not prepared to face the vide at that time a prescription drug terrible war is having an effect not truth on Iraq. They are determined to program. We provided one eventually only on our troops, who are paying the avoid a debate on the most important that served more for the drug industry highest price, but on our children, our national security issue of our time. and the HMOs than it did for the senior elderly, our schools, our workers, and They are willing to allow tens of thou- citizens. We are cutting back on health the poorest of the poor here at home. sands of more young men and women care for our seniors and the disabled. to be dropped in the cauldron of a civil It comes from our workers who are Make no mistake about it. While the war. looking for good jobs to support their President forges ahead with a surge in Iraq, the American people need a surge The cost in precious American lives families because the President’s budget at home. Americans see the cost of is reason enough to end this mistaken slashes $1 billion from programs that their health care and the cost of col- and misguided war, but the cost at train Americans for jobs for the future. lege going up. What about a surge in home came into full view yesterday as How many speeches will we hear about our health and education policy to help we received the President’s budget. competitiveness and the problems we meet their needs? What about a surge This President’s budget devotes more are facing in terms of the world econ- than $200 billion to the war in Iraq. in those areas? omy, how we are going to have to re- I have introduced legislation which Where does the money come from? It double our efforts in order to be com- would require the President to get the comes from the Children’s Health In- petitive, to have the new industries authority he needs from Congress be- surance Program, as the President’s that will provide new jobs and new ben- fore moving forward with further esca- budget underfunds the CHIP program efits and new opportunities for our citi- lation in Iraq. I intend to seek a vote by $8 billion. That program provides zens. Every Member of this body will on it, unless the President changes health care to low-income children. It be making that speech someplace in course. The debate is about what is has had bipartisan support in the Sen- their State next week. We know that. best for our troops and our national se- ate and the House of Representatives. What are we doing? curity. Our forces have served with It has made an extraordinary dif- In my State of Massachusetts, we great valor. They have done everything ference to the quality of health of mil- have 275,000 people who are unem- they have been asked to do. Sending lions of children. There are millions of ployed, and we have 78,000 job vacan- more of them into a civil war will not children who are qualified for this pro- cies. The only thing that is lacking is make success any more likely. We have gram. But because the Federal Govern- training. We have 24 applications for a responsibility to vote on this issue ment doesn’t provide the help to the every opening for training. People before it is too late. The American peo- States, those children are not going to want the training to get the skills to ple deserve to know where the Repub- get covered. participate and take care of their fami- licans stand and where the representa- Make no mistake about it. We are lies. What does this President do? He tives in the Congress stand. taking those resources that ought to be cuts that program. That is part of the I look forward to that debate and a devoted to the CHIP program and send- cost. vote at the earliest possible time. ing them to Iraq. It comes from our People are asking back home—down I yield the floor. children’s education, the No Child Left in New Bedford and Fall River and f Behind Act, because this budget Lowell and Lawrence and Holyoke and underfunds the No Child Left Behind Springfield—who is going to stand up ORDER OF PROCEDURE reforms by almost $15 billion. What are for us? It is not only the loss of their The ACTING PRESIDENT pro tem- we saying? We are not going to get the sons and daughters from those commu- pore. The Senator from South Carolina well-trained teachers that this legisla- nities, but they see that it is gutting is recognized. tion requires. We are not going to have the lifelines to their communities, the Mr. DEMINT. Mr. President, how the adequacy of supplementary serv- children and the elderly, those who are much time does the minority have?

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Senator DEMINT talked about leader- pore. Without objection, it is so or- ‘‘Godspeed, General,’’ was what one ship. Leadership is laying out the real dered. of my colleagues said before intro- consequences of our action. What are f ducing the very resolution that would those consequences? What next? What undermine the general’s authority and is going to happen next? What is going WORLDWIDE WAR ON TERROR his plan for victory. to happen? We heard this morning that Mr. DEMINT. Mr. President, I rise to This is not leadership. We were elect- we are trying to delay this resolution. speak about one of the most important ed to make tough decisions and that We are not trying to delay it. As a issues of our time: the worldwide war requires understanding our choices, se- matter of fact, they are saying we on terror. lecting the best choice, and then fol- would not debate it. We are debating it I have to say I was disappointed to lowing through. But I am afraid the right now. The fact is, we believe you read in this morning’s Roll Call that critics in this body do not acknowledge ought to have a resolution that says we many of my Democratic colleagues are the real choices before us. There are support our troops in this group of res- using this debate for the 2008 elections only three: olutions. Unless we get some sem- rather than focusing on the real dam- First, to continue the unworkable blance of saying we want to send a sig- age that the resolution we have been status quo; second, to admit defeat and nal to our troops that we support them, discussing will do to our national secu- withdraw; third, to renew our strength we should not have a rule that pre- rity. until we win. cludes that. One of our greatest Presidents, Theo- I respect my colleagues who disagree So politics aside, and the next elec- dore Roosevelt, once said, ‘‘It is not with the President’s strategy in Iraq, tion aside, and the Presidential elec- the critic who counts. The credit,’’ he but only if they exercise leadership and tion aside, what does it mean to the said, ‘‘belongs to the man who is actu- support an alternative solution, one American people about what we end up ally in the arena, whose face is marred that proposes a serious path to victory, doing in Iraq? That is the question we by dust and sweat and blood, who or announces defeat and ends our in- should be asking. We should be making strives valiantly, who errs, who comes volvement immediately, not only in sure that the mistake we do not make short again and again, because there is Iraq but throughout the Middle East, is to have an ill-informed American no effort without error and short- because America will no longer have public about what the consequences coming. any credibility to carry out our work will be. ‘‘The credit,’’ Roosevelt said, belongs in any part of the world. Regardless of whether we should be to the man ‘‘who spends himself in a If my colleagues do not support send- in Iraq, we are there. We cannot change worthy cause, who at the best knows in ing reinforcements to Iraq, they should that. The question comes, what does the end the triumph of high achieve- introduce legislation blocking that ac- the Iraq Study Group say? They said ment, and who at the worst, if he fails, tion. While I believe this is short- we needed to secure Baghdad; they said at least fails while daring greatly.’’ sighted and wrong, it would at least be we needed reinforcements to be able to At this very moment, our Com- genuine leadership. do that; they said we needed more mander in Chief and those he com- My hope is we will stop trying to sec- funds to make a difference in people’s mands are daring greatly. ond guess past decisions in order to lay lives. These are the funds that go to Our men and women in uniform are blame and instead remember we are the generals to actually approve paying with blood, sweat, and tears. locked in a struggle much larger than things. Yet many in this body prefer to sit in Iraq. It is a struggle of security, hope, Can we accomplish something in Iraq the stands and offer criticism rather and freedom versus hate, despair, and or do we walk away? Here is what hap- than support. fear. The battlefield is the entire pens when we walk away. No. 1, there For the past 50 years, the Middle world. will be a genocide in Iraq. The minor- East has been a cauldron of brutality, We must understand the stakes and ity Sunni population will scatter out of war, and despair. The region’s insta- demonstrate real leadership. This is Iraq, and those who don’t will be bility has threatened the entire globe not the President’s war, it is freedom’s killed. and reached our shores on 9/11 with a war, and we all share the responsibility The northern Iraqis, the Kurds—what stark awakening. for the outcome. will happen to them? If we are gone This is why we are involved in the A century later, Teddy Roosevelt is and full-blown civil war breaks out, Middle East. The future security of our still correct. The critic ‘‘who points what will happen to the Kurds? This is homeland is tied directly to a success- out how the strong man stumbles, or a group of 36 million people who have ful outcome not only in Iraq but in Af- where the doer of deeds could have not had a homeland since the Ottoman ghanistan, Lebanon, the Palestinian done them better’’ is destined to be rel- Empire. Genocide was committed territory, and a number of Middle East egated to that terrible place ‘‘with against them by Saddam. What will countries that harbor evil men who fo- those cold and timid souls who neither happen to them? They will be seen as a ment hate through a perverted version know victory nor defeat.’’ risk to Turkey. Turkey already has of Islam. There is only one policy worthy of problems with its Kurdish population. Yet as our efforts in Iraq encounter the blood and sweat of our troops: a What will happen in Lebanon? Prob- fierce resistance from a determined policy that completes our mission with ably civil war. and evil enemy, support for our efforts dignity, honor, and victory. What will happen in Jordan? has waned here in Congress. Instead, Mr. President, I reserve the remain- What will happen to the Sunni gulf many of my colleagues prefer to sup- der of my time and yield the floor. states, as they now fear Iran and its port a nonbinding resolution that The ACTING PRESIDENT pro tem- dominance? would express disapproval of the Presi- pore. The Senator from Oklahoma is This is a war Iran wants us to leave. dent’s plan to reinforce our troops in recognized. Why? Because they want to empower Iraq. Mr. COBURN. Mr. President, I have themselves to be the dominant force in Voting for this resolution is not lead- not come to the floor, except once, in the Middle East. We can talk about all ership, it is criticism—criticism with- the 2 years I have been here to discuss of the resolutions and how we disagree; out the courage of offering real solu- the war in Iraq. I have been to Iraq and that is basically political posturing, tions. While this resolution may be had experience in Iraq as a medical and you can disagree. But as the Sen- toothless by force of law, its sym- missionary during the first gulf war. ator from South Carolina said, unless

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The of politics but what happens to our have said the political posturing is tak- fact is we have an obligation to the country. ing place on this side, I don’t believe very people—the innocent people—in Denying the heritage we have of sac- that is at all the case. The fact is, what Iraq today. rifice for freedom and liberty and deny- we have been trying to do on this side We can walk away from that, but his- ing that it costs something and walk- is to have an open and honest debate, tory will judge us harshly. The esti- ing away from that, we will reap that and again underscoring the reality that mates are there will be 5 million people which we sow as we walk away from it. if we are going to find our way out of displaced out of Iraq. There will be be- Caution to us as we do that. the quagmire in which we find our- tween 700,000 and 1 million additional Mr. President, I yield back the re- selves in Iraq, it is going to take a true Iraqis who will die. Do we not have an mainder of my time. bipartisan effort to get us to a place obligation to make that not happen? The ACTING PRESIDENT pro tem- where we can say we have peace and Do we not have an obligation to do pore. Under the previous order, the stability in the Middle East and we what is in the best long-term interests time until 12:30 p.m. shall be divided have brought our troops home. I hope of this country? Is it in our best inter- between the majority and the minor- as we move forward in this discussion est for this country to get out of Iraq? ity. that we will be able to find some of Is it? How does that fit with the war on The Senator from Colorado. that bipartisan consensus. terror and our ability to conduct that Mr. SALAZAR. Mr. President, this is At the end of the day, when we look war when we create in Iraq, by with- a disappointing day for the Senate and at what is happening in Iraq, we need drawing, a new state that is run by al- for the United States of America be- to recognize the realities. We need to Qaida and by the Shia, which will in cause the debate we should be having know and remember the 3,100 men and fact have the funding to dominate in on this floor, which is taking place women who have given their lives on the international arena with terrorism around procedural issues, should really behalf of the mission the President as- and hatefulness and murder and pil- be a debate about what is happening in signed to them in that country. We laging of innocent people? Iraq and the new direction we should need to remember the 23,000 men and It is not as simple as everybody here be heading in Iraq. women in uniform who today are wants to make it seem. It certainly It is disappointing as well that it has wounded and who are carrying the should not be political. But that is been postured somehow as a political scars of the war with them day by day where we are going. The very comment debate from the other side. The fact is and for many of them for the rest of that we cannot have a debate on sup- that what happens in Iraq today and their lives. We need to remember the porting the policy, that we will not what happens in Iraq in the months 137,000 men and women who are on the allow a resolution that says we are and years ahead is, in fact, perhaps the ground in Iraq today. The bipartisan going to support our troops—why don’t most important issue we can face in resolution we put forward with Senator they want that? It is because that will the United States of America and in WARNER, Senator NELSON, Senator COL- get the highest number of votes. That the world, and it is important that this LINS, and others recognizes that. We will become the story—not the story body, elected by 300 million Americans recognize the bravery of the men and that somebody postured in a position in each of our respective States, grap- women who have given so much of that is well-intended and well-mean- ple with the fundamental defining issue their time and their life in Iraq, and we ing, that they don’t think a surge or a of our time. recognize the need for us to support reinforcement in Iraq is correct. It is also important, as we grapple our men and women on the ground in America is at a crossroads. The with this issue of the future of Iraq and Iraq. crossroads is whether we will fulfill the involvement of the United States, But we also recognize that what the and carry out the responsibilities, that we try to move forward in a man- American people are asking us to do is some of which we added to ourselves by ner that is bipartisan. At the end of the to chart a new direction for Iraq. I our very position, but whether we will day, the only way in which we are have heard some of my colleagues on fulfill that. We will be judged by his- going to achieve stability in the Middle the other side—as there is criticism on tory. East and we are going to bring our this side—that all we are doing is being To undermine many of the steps that troops home—which I believe is a goal critical and not offering alternatives. the Iraq Study Group said, which is in that is shared by the 100 Members of The fact is that we are attempting to the President’s plan, nobody knows if this body—is if we develop a bipartisan come up with a new direction in Iraq, this will work, but I guarantee it will approach to getting it done. Yet, at the and that is what is embodied in the not work if we send a signal to those end of the day, we can’t even seem to Warner-Levin resolution. It is, in fact, who oppose us that this is it. All they get beyond a procedural obstacle to get a new direction and new strategy in do is sit and wait. More of Iran’s influ- to a debate on the central issue that Iraq. ence and more dollars from Iran com- was presented by a bipartisan resolu- Mr. President, I ask the Members of ing into Iraq—more to defeat us. If you tion, led by some of the most distin- this body and I ask the people of the defeat the will of the American peo- guished Members of this Senate, in- United States of America to consider ple—and, by doing that, that is our cluding Senator WARNER, Senator what are the options before us. In my problem—if we allow that to happen as LEVIN, and others. We cannot even get view, there are three options. There is leaders in this country, then we will be past the procedural problem for us to plan A. Plan A is a plan—which was responsible for that 5 million displace- end up having a discussion and a vote put forth by the President after several ment, for those million deaths, and the on that very simple issue. months of deliberation in which he millions that will follow when you I ask our brethren on the other side concluded what we had to do in order have a Middle East dominated by Iran that they join us in getting through to be successful in Iraq—to send 21,500 with a nuclear weapon. this procedural roadblock so that we additional troops. In real terms, that is We should think long and hard. The can have an effective debate and a vote about 48,000 additional troops assigned, American people should not respond on a question that is before us con- mostly in Baghdad. Some people have just to the urge to get out of Iraq but cerning the future of Iraq and the called it an escalation. Some people respond to the well-thought-out con- President’s plan on how we move for- have called it a surge. That is the heart sequences of what happens next. And ward. of the plan. It is a plan he announced what happens next is a disaster, not I am disappointed as one Senator in early January, a plan he reiterated only for the people of Iraq, for the peo- that today we are not on this floor de- at the State of the Union, that we as- ple of the Middle East, but also for the bating the alternative resolutions that sign 21,500 troops to Baghdad.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.010 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1591 The question we all ought to be ask- ator WARNER, Senator LEVIN, and oth- That is what we ought to be talking ing ourselves is whether that will ers. It is that kind of new direction about, Mr. President, on the floor of work. Will plan A work? I believe those which we ought to be debating and dis- the Senate today—how we move for- who have studied the issue in great cussing on the floor of the Senate ward. depth would answer the question no— today. I look at this resolution which was no, it will not work; no, it will not When one looks at this group of elder put together by some of my esteemed work because Operation Going Forward statesmen, which includes not only the colleagues, of which I am a proud origi- in June of 2006, just 7 months ago, Republicans whose names I mentioned, nal cosponsor, and I say at least we showed that it does not work. And but they include esteemed elder states- have tried on a bipartisan basis to fig- when that didn’t work, we went in with men who are also Democrats, such as ure out a roadmap for how we ought to a surge of some 7,000 troops in August Lee Hamilton, Vernon Jordan, Leon move forward together as Democrats in Operation Going Forward Together Panetta, William Perry, and Charles and Republicans, as Americans, on this No. 2, and again that did not work. If Robb, when we see those kinds of elder issue, which is the defining issue of our today we go in with 21,500 additional statesmen who have taken a year to times. I see the names of people such as troops, plus all the support for the try to figure out how we deal with this Senator WARNER, I see Senator COL- troops that is going to be necessary, quagmire in Iraq, we have to say those LINS, I see Senator LEVIN, I see Senator what is going to be the result of that recommendations should be paid very NELSON of Nebraska, and others who endeavor? In my view, we have been serious attention. The recommenda- have been involved in this effort. What there, we have done that, and it hasn’t tions are many, but they are important we are trying to do as a group is to say worked. So we have to look forward to because they show the depth of think- we ought to figure out a way of chart- a new direction. So I believe plan A, ing that commission went through in ing a new direction forward together, the President’s plan, is not a plan that coming up with those recommenda- much like the elder statesmen did in is going to work. tions. coming up with the Iraq Study Group Then there is plan B. Plan B is being In essence, what that bipartisan recommendations. Yet we are being re- advocated by many, including some group of elder statesmen said to the fused the opportunity to even engage who have demonstrated in Washington people of America is that the way for- in a debate on a resolution that essen- and have called our offices every day, ward requires a new approach. The way tially says this is a direction we pro- and that is to just bring our troops forward requires a new approach. They pose to the President in how we move home today; it is over; it is a precipi- talk about the external approach, forward together. tous withdrawal; let’s get out of there which is to build an international con- I hope that at the end of the day, and get out of there right now. The sensus on how we move forward in Iraq. with the discussions that are going on mistakes of the past have compounded They talk about a new diplomatic of- between the leadership, we are able to the problems in the Middle East and fensive which is important if we are to come to some agreement. I believe Iraq to the point that we can’t put succeed because there are too many na- there is too much at stake. I believe there is too much at stake not only in Humpty Dumpty together. Not all the tions in that part of the world and the Middle East, but there is too much king’s men or all the king’s horses around the world who have been sitting at stake for the United States of Amer- could ever put Humpty Dumpty to- on their hands letting America do it ica and for the free world. At the end of gether again, some people would say, alone. They have to stop sitting on the day, it is going to take Republicans because the problems in Iraq today are their hands if ultimately we are going and Democrats working together to try so severe. to achieve stability in the Middle East. I, as one Senator, reject plan B as They talk about the Iraq Inter- to chart this new and successful direc- well. I don’t believe we can afford to national Support Group, and that kind tion for how we move forward in Iraq. of a group would be a group that would Mr. President, I yield the floor. move forward with that kind of precipi- The ACTING PRESIDENT pro tem- make sure the efforts on reconstruc- tous withdrawal. pore. The Senator from North Dakota. There is plan C, and plan C is really tion and building the peace and secu- Mr. DORGAN. Mr. President, my un- the plan of trying to move forward in a rity in Iraq are, in fact, successful. derstanding is that I will be recognized bipartisan way so that we can achieve Where is that group? It hasn’t been for 10 minutes in morning business. success in Iraq—success, again, being there. It has been the United States The ACTING PRESIDENT pro tem- defined by stability in Iraq and in the alone moving forward on this effort. pore. That is correct. region and by bringing our troops We need to have the international com- Mr. DORGAN. Mr. President, I ask home. munity involved. unanimous consent that all time con- I know there are lots of people in this It talks about dealing with Iran and sumed in any quorum call today be body who have much more experience dealing with Syria. They are part of equally divided. than I, and I know there are lots of that region, like it or not. This group The ACTING PRESIDENT pro tem- people who have studied this issue ex- of elder statesmen has said we need to pore. Without objection, it is so or- tensively over a very long period of deal with those countries. We know the dered. time, and yet it is amazing to me that limitations. We know the threats they Mr. DORGAN. Mr. President, my col- when we have a group of people in a bi- also embody and present to the United league, Senator FEINSTEIN of Cali- partisan way coming forward with a States of America, but we need to fornia, this weekend made a point that new direction, we have the President bring them into the dialog if ulti- I think is very important. She, on a and others of the minority party essen- mately we are going to bring stability television program, said that Iraq is tially rejecting that plan of going for- to that region. being debated virtually everywhere in ward together in a new direction. The study group goes on with a whole our country: debated at kitchen tables, When I look at the Iraq study report host of other recommendations on the business places, workplaces, and and I look at names such as former internal approach, helping the Iraqis schools. The only place in America Secretary of State James Baker, help themselves. It says that we must that Iraq is not being debated is in the former Attorney General Ed Meese, require the Iraqis to have performance Senate. Here we are debating whether former Secretary of State Lawrence on milestones, that we need to push we should debate. Eagleburger, former U.S. Supreme them hard on national reconciliation, That was what went on yesterday, Court Justice Sandra Day O’Connor, that we need to make sure the Iraqi and it is what is going on today, a de- former U.S. Senator Alan Simpson, I Government takes responsibility for bate about whether the debate on Iraq see all of these Republicans who are security and for their military forces, should occur in the Senate. It is unbe- saying we need a new direction going that they establish a functioning police lievable. We have a cloture vote on a forward together. I believe that is what force, and that they establish a crimi- motion to proceed to the debate, and we ought to be doing, and I believe that nal justice system that does, in fact, the minority party in the Senate voted new direction going forward together is work. And the list goes on with 79 rec- nearly unanimously to say, no, we what is embodied in the bipartisan res- ommendations on the way forward, a shouldn’t be debating. I don’t under- olution which was put together by Sen- new approach. stand that at all, Mr. President.

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Yes, there are some I met with every divisional commander. I threat to our country? How do we deal terrorists in Iraq, I understand that, said, in your professional opinion, if we were with that threat? What about Mr. but it is largely sectarian violence, to bring in more American troops now—he is Negroponte pointing out that the Shia on Sunni, Sunni on Shia. talking about Iraq—does it add considerably greatest terrorist threat is al-Qaida? Let me make a point about Iraq that to our ability to achieve success in Iraq? And What about the fact he says they are in I think is important. The dictator who they all said no. a secure hideaway in Pakistan? What used to exist in Iraq no longer exists. That is what the commanding gen- about the fact that no one has done Yes, he was a madman and a dictator. eral said 2 months ago in testimony be- anything about it? What about the fact We have unearthed mass graves in Iraq fore the Senate. Why did they all say that if 21,000 soldiers are available to to show that nearly a half million peo- no? Here is what General Abizaid said be surged, that the President says let’s ple were murdered by the man who ran the reason is: send them to Baghdad, in the middle of that country. But he has been exe- We want the Iraqis to do more. It is easy a civil war in Iraq, rather than going to cuted, and the people of Iraq have had for the Iraqis to rely upon us to do more. I Pakistan after the leadership of the the opportunity to vote for a new con- believe more forces prevents the Iraqis from greatest terrorist threat to this coun- stitution. doing more and taking responsibility for try, according to our intelligence The people of Iraq have had the op- their own future. chief? portunity to vote for a new govern- Finally, Mr. President, a week ago, I simply do not understand this logic. ment. Things have changed in Iraq. We the head of our intelligence services There is a lot to be said about these now have in Iraq what is largely a civil came to the Senate and testified in issues. All of us in this Chamber want war, sectarian violence. Things have open public hearings. Here is what he the same thing for our country. All of changed. said: us love this country. All of us respect What is the role, then—given that Al-Qaeda is a terrorist organization that our soldiers and will do everything to Saddam Hussein has been executed, poses the greatest threat to U.S. interests, make sure we support them. All of us given that there is a new constitution, including the homeland. want this country to do well and to given that there is a new government— That is from the top intelligence make the right decisions. In the last 5 what is the role for the United States chief of our country. Here is what he years, however, we have been involved and its soldiers? Is the role to continue said: in a war that has lasted longer than to be in the middle of a civil war in Al-Qaeda continues to plot attacks against the Second World War. We have been in Iraq, to surge additional troops, as the our homeland and other targets with the ob- a war that has cost us far too many President suggests? That is what was jective of inflicting mass casualties. They lives and too much of America’s treas- to be debated this week in the Senate. continue to maintain active connections and ure. We have been put in a situation in But at this point we still cannot debate relationships radiating outward from their which there has been dramatic change. that because we are debating whether leaders’ secure hideout in Pakistan. Yet the policy has not changed. This is we will be able to debate it. It is unbe- Let me say that again. Our top intel- not the circumstance for which we lievable to me. Only here on this small ligence person says that al-Qaida is the went to war in Iraq. All of that intel- piece of real estate, one of the wonder- greatest terrorist threat to our coun- ligence, it turns out, was wrong. ful places on this Earth, the United try; that they direct their operations Colonel Wilkerson, who served as States Senate, do we have a serious de- from a secure hideout in Pakistan. Secretary of State Colin Powell’s aide bate about whether we should debate. Mr. President, a question: If al-Qaida for 17 years and was present when the We should have moved very quickly is the greatest terrorist threat to information was compiled that led to past this issue of a motion to proceed America, and our intelligence chief the presentation at the United Nations, and been to the substance of this issue says it is directed from their secure testified before the Senate, and he said on behalf of this great country of ours. hideout in Pakistan, and we know that publicly that it was the perpetration of There is a majority in this Congress for Osama bin Laden continues to talk to a hoax on the American people. That is a bipartisan resolution. And I empha- us in his missives that they send out; if not me speaking. That is someone who size bipartisan resolution. Senator we have 21,000 additional soldiers to had a distinguished record and who WARNER, a very distinguished Amer- surge anywhere, why on Earth would served 17 years with Colin Powell. He ican, a Republican, and former chair- we not use those 21,000 soldiers to was a Republican and proud of his serv- man of the Armed Services Committee, eliminate the greatest terrorist threat ice to this country, but he said all of and Senator LEVIN, a Democrat, the to our country, which would be to the intelligence that was basketed to- same. Warner-Levin. When we get to a eliminate the leadership of al-Qaida? gether and presented was the perpetra- vote on the Warner-Levin resolution, No, that is not what the President tion of a hoax on the American people. which disapproves of surging additional recommends. He recommends we send Whatever happened, happened. We American troops to Iraq and deepening 21,000 additional soldiers into the went to Iraq. Saddam Hussein has now our involvement in Iraq, a majority of neighborhoods of Baghdad where sec- been executed. Iraq has a new constitu- the Senate will support that resolu- tarian violence is occurring in massive tion and a government. It is time, long tion. There is a clear majority for that quantities and a civil war exists. With past time for this country to say this resolution. The question is, Can we get all due respect, and I do respect the to the country of Iraq: Saddam Hussein to that point? President, he is wrong, and I believe is gone. You have a new constitution. I hope in the coming hours that the the majority of this Senate would say You have a new government. The ques- minority will relent and give us the op- he is wrong by voting for the Warner- tion is this: Do you have the will to portunity, the opportunity the Amer- Levin resolution. provide for your own security? Because ican people would expect to exist in the In a Byzantine twist, however, on if you don’t, no one in the world can do United States to debate one of the this Tuesday morning, we find our- it for you. Do you have the will to take most important questions of our time. selves debating the question of whether your country back? This is your coun- This is about obstruction and it is we should debate one of the central try, not ours. This country belongs to about political maneuvering and about questions of our time. you, not us. Do you have the will to protecting the White House. It is about That is unworthy of the Senate. provide the security for a free Iraq? Be- a lot of things, unfortunately. It ought What is worthy of this Senate, and I cause if you do not, I say to the people to be about this country’s national in- am proud to be a part of it what is wor- of Iraq, American soldiers cannot, for terest, this country’s best interest. It thy of us is to have on the floor of the any indefinite period, provide order and

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.014 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1593 security in Iraq for you. You have to support an honest and open debate on a one even talks about the war, he starts make that judgment, and you have to policy that clearly needs to change. to cry. That is because his son Stuart, understand that it is your responsi- But I do not support what I saw take an Army Reserve major, was killed in a bility to provide security in Iraq. place in this Chamber yesterday. helicopter crash in Iraq. This is not a circumstance where we Our soldiers and their families have I think of Kathleen Wosika from St. are trying to embarrass anybody. We sacrificed too much to accept the polit- Paul, MN. Just last month, her son, are not trying to say to the President: ical obstructionism that is keeping James Wosika, Jr., was killed while he You have an awful situation you have this body from having a debate on a was patrolling on foot in an area near created, shame on you. That is not most critical issue. Our troops have Fallujah. He was a sergeant with the what this debate is about. All of us un- given so much, and they deserve much Army National Guard 1st Brigade, derstand that things have changed. more than what they got from the U.S. whose current duty will be extended This debate is about what do we do at Senate yesterday. The least we can do under the President’s escalation. Ser- this point. Do we agree with the Presi- is to have this debate, and the best we geant Wosika was the third member of dent that we should send 21,000 more can do is to get this policy right for his unit to die within a 6-month period. American troops into Baghdad and our troops. He was the seventh member of the bri- surge and deepen America’s involve- I would like to thank those who gade to be killed since their deployment in this war? worked on this resolution: Senators ment last spring. Quite clearly, if we are allowed to get LEVIN and WARNER and Senators BIDEN I also think of Becky Lourey of to this debate and have a vote on War- and HAGEL and others. Throughout Kerrick, MN. That is near Duluth. She ner-Levin, a bipartisan resolution, this their careers, they have shown how is a mother of 12 and a former State Senate will say, no, we believe it is the much they care for the men and women senator. Her son Matt was killed when wrong thing, and that will be the first in uniform. In crafting these resolu- the Army helicopter he was piloting step in beginning to change policy. It tions, they showed us that when prin- went down north of Baghdad. I watched will say to the President, we believe cipled individuals from opposing par- this Gold Star mother, a woman who you must change the policy, and then ties care strongly about an issue, poli- has adopted eight children, comfort her use our energies and our efforts to go tics doesn’t always have to win out. grandchildren, hold her shaking hus- after the leadership of al-Qaida. They Unfortunately, some in this body band, and stand tall for hours in a high are the ones who murdered Americans still don’t want to have a debate about school gym in Finlayson, MN, where on 9/11, and they still exist in secure Iraq. It is long past time to have this hundreds of people came to gather for hideaways, according to our intel- debate. The American people have her son’s memorial service. ligence chief. Let’s deal with the great- called for it, our troops have earned it, Claremont Anderson, Kathleen est terrorist threat to this country, ac- and we should be big enough to have it. Wosika, and Becky Lourey are parents Over 3,000 American soldiers are cording to Mr. Negroponte, the head of whose children made the ultimate sac- dead, more than 20,000 have been American intelligence. The greatest rifice in service to their country, and wounded in combat, over 2,000 have lost threat to our country. They exist. They they are among the many Minnesotans their limbs, and more than $350 billion live today, he says, in Pakistan. Let’s who told me without apology they of taxpayer money has gone to Iraq. deal with those issues. want to see a change of course in Iraq. Scores of Iraqis are killed every day in As I indicated earlier, all of us want They pray others will not have to expe- what has essentially devolved into a the same thing for our country. This is rience their pain. not about politics. It cannot be about civil war. Although I opposed this war from the politics. It is about policy and what All across my State, I have heard a beginning, I recognized that many did works for America’s future, what strong and clear message from Min- support it. But 4 years later, we are strengthens our country, what keeps nesotans: Change the course in Iraq now dealing with a dramatically dif- our promise to our soldiers, and what and push for the strategy and solutions ferent situation. What we know now keeps our commitment to ourselves as that will bring our troops home. We about the events and facts leading up one of the great symbols of freedom in need a surge in diplomacy, Mr. Presi- to this war has changed dramatically. the world. That is why I hope we will dent, not a surge in troops. It is a mes- The conditions inside Iraq have get past this issue that has now im- sage that was echoed all across this changed dramatically. Our role there paled this Senate, a debate about country from Montana to Minnesota, has changed dramatically. whether we should debate. The answer from Pennsylvania to Virginia. Unfor- Last November, citizens in Min- clearly ought to be, yes, we ought to tunately, there were those in this nesota and across the country voted for get to the debate that is significant Chamber yesterday who did not listen a new direction in Washington. Ameri- and important to the future of this to that message, who would prefer no cans made clear at the ballot box they great country of ours. debate. This bipartisan resolution ex- Mr. President, I yield the floor, and I presses the strong opposition of this were tired of the politics-as-usual par- suggest the absence of a quorum. body to the President’s decision to stay tisan bickering and that they wanted a The PRESIDENT pro tempore. The the course and send an additional 21,000 meaningful and bipartisan change of absence of a quorum has been sug- American troops to Iraq. I strongly course in Iraq. To the country’s bewil- gested. support this bipartisan resolution and derment, the President responded with The clerk will call the roll. implore my colleagues to allow this a plan to escalate the number of Amer- The legislative clerk proceeded to resolution its due course. ican troops in Iraq. That is not the call the roll. The people of Minnesota, like their change in course the American people Ms. KLOBUCHAR. Mr. President, I fellow citizens around the country, rec- voted for. It is not the change in course ask unanimous consent that the order ognize what is at stake in Iraq. Of the the Iraq Study Group recommended. It for the quorum call be rescinded. 22,000 troops involved in the surge, is not the change in course Iraq needs The PRESIDENT pro tempore. With- nearly 3,000 are from Minnesota. As I to halt its civil war. It is not the out objection, it is so ordered. have traveled throughout our State, I change in course our military forces Ms. KLOBUCHAR. Mr. President, for have spoken with many families who deserve. the last few weeks, a bipartisan group have paid a personal price in this war, Distinguished Senators from both of Senators has worked to bring to the and I think of them often. sides of the aisle are seeking ways for floor a resolution expressing opposition I think of Claremont Anderson from this body to bring about the right kind to the President’s proposal to increase Hoffman, MN, who would drive hun- of change. The bipartisan resolution American troops in Iraq. In an effort to dreds of miles to attend public events proposes a strategy that recognizes the have an honest, thoughtful, and pro- in the last 2 years. I just saw him and facts on the ground in Iraq. It incor- ductive debate, they put aside their dif- his wife Nancy this weekend; they porates many of the recommendations ferences, only to be run over by par- braved 7-degree below-zero wind chills of the Iraq Study Group. tisan politics. I support the bipartisan to come to an event in Glenwood, MN. For years, we have heard from ad- resolution opposing the escalation. I When I see Claremont, any time any- ministration officials, from military

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.015 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1594 CONGRESSIONAL RECORD — SENATE February 6, 2007 officials, and from the Iraqis them- sional oversight for Iraq policy is long the troops would be for this adminis- selves that there can be no military so- overdue. We have seen this bipartisan tration to outline and pursue a com- lution in Iraq. Stability can only be resolution and bipartisan work chal- prehensive strategy that includes the achieved through diplomatic and polit- lenging the President’s proposal for an diplomatic measures that will be essen- ical solutions. This resolution calls on escalation of American troop levels in tial to ending our involvement. the administration to engage other na- Iraq. Even as Commander In Chief, our Mr. President, a reminder: During tions in the region to create conditions President does not enjoy unlimited the Vietnam war our military killed for the compromises between Iraqi Shi- power. On behalf of the public, Mem- more than a million enemy soldiers— ites, Sunnis, and Kurds that will be bers of this body have a responsibility enemy soldiers—by official count of necessary for peace. Furthermore, the to exercise our own constitutional the present Hanoi Government. Actu- resolution calls on the administration power in a fairminded, bipartisan way, ally, that count is 1.4 million enemy to apply pressures on the Iraqis them- to insist on accountability, and to de- soldiers. But without a clear strategy selves to stand up and take responsi- mand a change of course. Ultimately, and without adept diplomacy, that bility for their country. By following the best way to help our soldiers and simply was not enough. From the very the recommendations of this resolu- their families is not only to give them beginning in Iraq, this administration tion, the President would send a much the respect they deserve but also to get has consciously neglected its proper stronger signal to the Iraqis that we this policy right. diplomatic duties. It has attempted to are not going to be staying there in- I hope that my friends across the frame the debate over Iraq’s future as definitely. aisle will see the merits of this resolu- one of military action on the one hand As of last Thanksgiving, this war has tion and the urgency of having an open and a set of vague guidelines to the now lasted longer than World War II, and honest debate on this issue; our Iraqi Government on the other, as if and after nearly 4 years of intensive troops and their families deserve noth- the rest of the region were somehow military involvement in Iraq, including ing less. not crucial to the eventual outcome. more than 3,000 American deaths, we I thank the Chair. This, in and of itself, is a recipe for have to be focused on reducing our Mr. President. I yield the floor. continued violence and for American troop presence in Iraq instead of put- The PRESIDENT pro tempore. The failure in Iraq. ting even more American service men Senator from Virginia is recognized. It is widely known that the Iraqi and women in harm’s way. Haven’t we Mr. WEBB. Mr. President, I thank Government lacks the power to control asked our men and women to sacrifice my good friend, the Senator from Min- the myriad of factions that are causing enough? nesota, for her kind remarks about the chaos. The latest National Intelligence Recently, at the funeral for a fallen people who have served. Estimate not only confirms this, it in- soldier, I heard a local priest say that I emphasize my support for the reso- dicates that these factions have been our leaders have an obligation to do lution—actually, the resolutions—that broken into so many different compo- right by our children when we send were so painstakingly put together by nents that it is not even fair to call them to war. He said that our children a number of senior Senators from both this problem one of sectarian violence may be over 6 feet tall when we send sides of the aisle, only to be denied a any longer. The administration knows them to war, but they are still our full debate and an open vote through this. Most of the administration’s children. ‘‘If the kids we are sending to the procedural motions yesterday strongest supporters know this. Their Iraq are 6 feet tall,’’ he said, ‘‘then our evening. reaction has been to increase the pres- leaders must be 8 feet tall.’’ I would Winston Churchill once wrote about sure on an impotent government and to add that if these soldiers are willing to watching good ideas getting nibbled to go to the well, again and again, asking stand up and risk their lives for our death by ducks. Last night, we saw this for even greater sacrifices from the country, then those of us in the Con- phenomenon in action. We had before military, while ignoring their most gress must be brave enough to stand up the Senate a measure that would allow basic responsibility, which is to put to- and ask the tough questions and push this Congress to speak clearly of con- gether a clear diplomatic effort that for the tough solutions. cerns regarding the woeful lack of lead- will bring full context to the issues Claremont Anderson, Kathleen ership by the President on an issue that face us and, in short order, end Wosika, and Becky Lourey are stand- that affects our Nation and our mili- our involvement. This is not sup- ing tall. The parents I met with this tary people such as no other. And the porting the troops. This is misusing weekend whose kids are supposed to be other side—including some Senators the troops. coming home this month but are now who had helped to draft the resolutions With respect to the troops, I would staying much longer, they are now and had their names on it—punted the caution any political leader who claims doing everything to be brave and stand ball down field rather than giving the to speak on behalf of the political tall. The 400 members of the Air Min- people of this country the debate they views of our men and women in uni- nesota National Guard whose deploy- not only need but are calling for in form. Our military people are largely a ment ceremony I attended Sunday, in every opinion poll. mirror of our society, particularly in Duluth, MN, they are standing tall. Quite simply, there is no way, other the enlisted ranks, and their political The teenage brother and sister who than through a strong resolution or reviews are as diverse as our own. will see not only their dad but also strictive language in an appropriations As one example, last year, a survey their mom be deployed in the next 2 bill, for this Senate to communicate to of those in Iraq indicated that more weeks, those two kids are standing this administration that its so-called than 70 percent believed that the tall. My friend Senator WEBB, who will new strategy is lacking in the most United States should exit Iraq within a speak with us momentarily and whose crucial elements that might actually year. That was a year ago. As I have son is serving bravely, he is over there lead to a solution in Iraq. This is not a said before, it is inverted logic to claim and he is not afraid. He is standing strategy. It is a one-dimensional tac- we should continue to fight this war on tall. The injured soldiers in the VA tical adjustment that avoids the ele- behalf of the troops. The fact is, they hospital in Minnesota recovering from ments of a true overarching national are fighting this war on behalf of the traumatic brain injuries and in their strategy. It relies too heavily on our political process. They deserve polit- wheelchairs with their strength and military, while ignoring the over- ical leadership that is knowledgeable their spirit, they too are standing tall. whelming advice of those with long ex- and that proceeds from an assumption I would say to my friends across the perience in this region that we must that our national goals are equal to the aisle, by having an honest and open de- pursue robust diplomacy in order to sacrifices we are asking them to make. bate on this war and on this resolution, bring this misguided effort to a conclu- For the last 5 years, from before this we in Congress can also and finally sion. invasion, this administration and its stand tall. There have been allegations by those supporters have refused to admit the Our Constitution says that Congress on the other side that we who take this most fundamental truth of the entire should be a responsible check and bal- position are not supporting the troops. war. It is a truth that was echoed over ance on Presidential power. Congres- I submit that the best way to support and over again last month by expert

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1595 witnesses during more than a dozen time, helped to bring China into the fall into chaos. The primary bene- hearings before the Foreign Relations international community. We should ficiary of that chaos would be al-Qaida. Committee and the Committee on not be afraid of taking similar actions Osama bin Laden and Al-Jazeera have Armed Services, both of which I am with Iran and also, by the way, with said how important it was for them to privileged to serve upon. It is a truth Syria. establish Iraq as their main base of op- that this administration and the archi- The bottom line of all this is this ad- erations. tects of this war too often refuse to ministration and its supporters must Second, there would be chaos and recognize, perhaps because they fear it understand the realities that are caus- slaughter of innocent civilians, both might potentially embarrass them in ing us as a Congress to finally say Shia and Sunni. There would be a tre- the eyes of history. ‘‘enough is enough;’’ that the time has mendous increase in the deaths of ci- The unavoidable truth is that this come for a new approach; that the an- vilians. But even more frightening, the war will never be brought to a proper swer in Iraq and to our fight against neighboring states would likely be conclusion without the active partici- international terrorism and to our di- brought in. The Sunni states would pation of the other countries in the re- minished posture around the world is likely come to the aid of their Sunni gion—all of them. for us to show not only our prowess on brethren, and if that had not already We hear stories of the Saudis helping the battlefield but also our leadership triggered the entrance of Iran into it the Sunni insurgency. We are told by in the diplomatic arena; that, indeed, on behalf of the Shia, it surely would, this administration Iran is equipping we have an obligation to the men and and we could potentially be facing a and training portions of the Shia mili- women who have served so selflessly on major Middle East conflict with many tias. We hear Turkey and Iran are our behalf, to match their proficiency states involved. quietly cooperating to limit the influ- and their loyalties with the kind of I have heard it said that the Levin- ence of Kurds. We hear Syria is the fa- thoughtful leadership that will bring Warner resolution asks we chart a new vorite starting point for many al-Qaida this effort to a proper conclusion. direction. We have charted a new direc- guerillas who infiltrate into Al Anbar If there were other ways to convince tion. And the way forward is a new di- Province. We know the entire region is this administration to change its inef- rection. The President has the agree- being flooded with refugees from the fective one-dimensional approach to ment of Prime Minister al-Maliki and violence in Iraq, including, especially, the situation in Iraq, I would welcome the Shia, Sunni, and Kurdish govern- Jordan and Syria. them, but after 5 years of political dis- ment of Iraq that they will take con- None of this is surprising. Indeed, all array, I do not believe it is so. I sup- trol and they will assume responsi- of it was predictable and predicted, port this resolution as a first step in bility. They need help in training par- even before the invasion of Iraq. I re- reclaiming America’s strategic purpose ticularly their police, but they will call many of the speeches by the Pre- and international reputation. I urge take control. That is where we need to siding Officer on those points. What is my fellow Senators to do the same. be. truly surprising and unsettling is that I yield the floor. We can help pick off the al-Qaida and this administration has not developed The PRESIDENT pro tempore. The the other committed international ter- an overt diplomatic effort to bring Senator from Missouri. rorists, the radical Islamists. But we order out of this chaos in a way that Mr. BOND. Mr. President, I came to need them to resolve this civil strife might allow us to dramatically de- the Senate to talk about the loss of a between Shia and Sunni, and do so in a crease our presence in Iraq and, at the great soldier and dear friend of mine, fair way, including the Kurds and the same time, increase the stability of the but before I do that, I will comment on Sunnis. region, increase our ability to fight a few things we have heard discussed This happens to be the military plan terrorism, and allow us to address stra- this morning. the Baker-Hamilton group supported. tegic challenges elsewhere in the First, our efforts on this side are to They said to enable the Iraqi security, world. get an opportunity to debate and vote These countries have historic, polit- on the Gregg amendment. The Gregg military, and police to take over, we ical, and cultural ties to Iraq. They are amendment, very simply stated—I should send in some troops tempo- going to be involved in Iraq’s affairs in don’t have the full text in front of me— rarily. That is what the President is the future, long after the United States supports our troops. It says we should doing, adding another 21,000 to support departs the region. It is in our national support our troops and not cut off fund- them. interests and, as a great nation, it is ing. That is a valid viewpoint. We are Is this going to work? Well, again, our obligation to take the lead in caus- at war. Traditionally, this Senate has with the release of the National Intel- ing each of these countries to deal re- supported our troops. That used to be ligence Estimate on Iraq and the open sponsibly with Iraq’s chaos and with its the absolute baseline which everyone testimony of the leaders of the intel- future. We did exactly this in 2001, accepted. The main resolution that has ligence community, they said it is an after the invasion of Afghanistan, been referred to, I fear, goes in the open question. It is a tough decision. bringing the major players to the wrong direction. But it is the best option we have. table, including India, Pakistan, and We, in time of war, ought to debate, Yes, they think there is a chance it Iran, and we should do so now. and we will debate fully, and everyone will work. And the Iraqi Government This approach would have additional will have an opportunity to express knows this is their last best chance. benefits beyond Iraq. It would begin to their views—but I think it is very im- They had best make it work. And they loosen the unnatural alliance between portant we not only have an oppor- best get their police trained and their Iran and Syria which could, in turn, in- tunity to vote on the two resolutions military trained. crease the potential for greater sta- which have been discussed but also to Many people have called for bringing bility in Lebanon, Israel, and the sur- vote on the Gregg amendment. As soon in other nations in the Middle East. rounding territories. It would begin to as we can get agreement to do that, I That is what the President and Sec- bring countries such as Iran to a proper am confident the leaders can move for- retary Rice have done, to bring in role of responsibility inside the inter- ward. other nations that will help rebuild the national community. I have also heard in the Senate a Sunni areas and help provide support On this point, I cite an important number of comments from Members to the Iraqis. historical reference. In 1971, China, who do not support a cut-and-run pol- There are some people who say we similar to Iran today, was considered a icy. I have addressed previously the should not have an unlimited commit- rogue Nation. China, in those days, was disaster of an immediate withdrawal ment. Well, the President has told not already a nuclear power. It had an from Iraq. In open testimony, the intel- only this Nation but Prime Minister al- American war on its borders in Viet- ligence community—the Director of Maliki there is a time deadline. We are nam, a war it was actively assisting. National Intelligence—the Director of committed to them but not indefi- We, the United States, took the initia- CIA, the Director of Military Intel- nitely. And if they do not take advan- tive, aggressively opening China ligence, said chaos would reign in Iraq tage of this opportunity, it will be through diplomatic energy and, over if we withdrew precipitously. It would their country which will fall into chaos

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.018 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1596 CONGRESSIONAL RECORD — SENATE February 6, 2007 and be the battleground, perhaps em- Army National Guard—in America, but was later called upon by Governor broiling the entire region, but cer- he was very strong in establishing a John Ashcroft to serve 8 more years in tainly wiping out and causing great Guard presence on Capitol Hill. the Ashcroft administration. death and destruction in their own It was at his urging that I went to General Kiefner not only served Mis- country. So we do have a new direc- my colleague, Wendell Ford of Ken- souri admirably, he also served his nation. tucky, and we set up the National tion with honor. A friend who knew Now, some are pushing a resolution Guard Caucus, on which today Senator him for 35 years during his service in that challenges the President’s imple- PAT LEAHY and I proudly serve as co- the Guard recalls: mentation of the plan. We are trying to chairmen. That caucus has brought to- He was a professional soldier who made a be generals and say General Petraeus— gether 75 to 80 Members of this body to point to know what was going on at every whom we just confirmed unanimously stand up for the necessary resources, level of the Guard, from the enlisted soldiers because he is such a great general, who the necessary personnel, and the nec- to the three star Generals. He knew precisely said we should have those 21,000 essary support of the Guard when ac- what the threat to our homeland was and troops—they are challenging his mili- tive forces in the Pentagon tend to made great efforts to ensure the Guard was prepared to protect us from those threats. tary judgment in the implementation overlook them. of the plan. The Guard is a better place today be- Members of the Army National I know many of my colleagues have cause of the leadership that General Guard knew and respected General followed military policy for many Kiefner showed as he headed the Na- Kiefner and called upon him to serve as years, but I do not think we in this tional Guard, the Adjutants General president of the National Guard Asso- body can determine for the generals Association, as he worked with his col- ciation of the United States, a position what the proper level of troop commit- leagues throughout the country, and as he held proudly and worked diligently ments is. They are the ones who take he and those generals worked to make to enhance our Nation’s modern-day responsibility for the lives of their men sure the Guard was strengthened. minutemen’s and women’s ability to and women. To send a message by The Guard remembers him with great meet their dual-mission at home and adopting a resolution that says we op- fondness. Lieutenant General Vaughn abroad. pose the President’s plan, implementa- of Missouri, who had served in the Upon his retirement from the Na- tion of his plan, is not going to change Guard under General Kiefner, pre- tional Guard in 1993, Major General sending more American troops there. sented the flag to his wonderful wife Kiefner was promoted to the grade of But it will tell al-Qaida: Good news, Marilyn, his sons John and Keith. lieutenant general, Missouri National boys, the Congress is opposing the Charles M. Kiefner was born June 28, Guard Retired List by Governor Mel President. Our chances look better to 1930, in Cape Girardeau, MO. He grad- Carnahan. ‘‘At his own retirement he take over the country. uated from high school in 1948 and at- could not speak because he knew the And it will send a message to friendly tended Westminster College in Fulton. overwhelming emotion he would feel at countries that are trying to help the He earned his bachelor of arts degree leaving the service he loved so dearly Iraqis telling them: Sorry guys, we are from Columbia College in 1975. would overcome him,’’ said one friend not interested in winning this, so you General M. Keifner, or Charlie to his and colleague. ‘‘He was an emotional probably would not want to waste your friends—and I am lucky to have count- man that was totally committed to his effort helping us. ed myself as one of his many—was a country, Missourians, and the men Finally, what does it send as a mes- great man and a great American pa- under his command.’’ sage to our troops: We do not support triot. Under his strong leadership, in- His many decorations and awards in- the military plan they are being asked cluding as the youngest Adjutant Gen- clude: the Distinguished Service Medal, to carry out, the men and women who eral, the men and women in the Mis- Legion of Merit with Oak Leaf Cluster, are risking their lives? Does that make souri National Guard came to exem- Meritorious Service Medal, Army Com- any sense? I fear not. plify the best this country has to offer. mendation Medal, Air Force Com- I hope we can reject very soundly the Having begun his military career by mendation Medal, Good Conduct Levin-Warner amendment and adopt enlisting as a private in Company F, Medal, Army Reserve Components the Gregg amendment and also the 140th Infantry Regiment of the Mis- Achievement Medal, Humanitarian McCain amendment. souri Army National Guard on Sep- Service Medal, Armed Forces Reserve f tember 24, 1947, General Keifner en- Medal, Department of Defense Identi- tered active duty on September 11, fication Badge, Ranger Tab, NGB Dis- REMEMBERING LIEUTENANT 1950, with the 175th Military Police tinguished Service Medal, NGAUS Dis- GENERAL CHARLES M. KIEFNER Battalion of Missouri Army National tinguished Service Medal, Missouri Mr. BOND. Now, Mr. President, let Guard and served in Germany with Meritorious Service Medal, Missouri me turn to another matter, a matter of that unit. He was commissioned a sec- Conspicuous Service Medal, Indiana sorrow. I tell this body that at a won- ond lieutenant, Infantry on December Distinguished Service Medal, Min- derful military ceremony last Satur- 21, 1951. He served as platoon leader, nesota Distinguished Service Medal, day, we laid to rest LTG Charles M. company commander, battalion motor Tennessee Distinguished Service Kiefner, formerly Adjutant General of officer, Battalion S–2, brigade adjutant Medal, Minnesota Medal for Merit, 1992 the Missouri National Guard—a man and S–3, executive officer and logistics Distinguished Alumni Award—West- who I considered a friend for almost 40 officer on the staff of the Adjutant minster College, Field Artillery Asso- years, a man whose career was an General. As a member of the U.S. Army ciation Order of Saint Barbara, Army amazing one. Reserve, from September 11, 1978, to Engineers Association Silver Order of I called on him to serve as my Adju- November 5, 1980, he served as liaison the de Fleury Medal, and the Sons of tant General for the 8 years I served as officer to the U.S. Military Academy, the American Revolution Silver Good Governor. Having come from the West Point. Citizenship Award. Guard, he was the youngest Adjutant General Kiefner was first appointed Charlie understood the great citizen General at the time, still by far the Adjutant General by me on May 8, 1973, soldiers who signed up for the Guard. youngest Adjutant General in Mis- when I served as Missouri’s Governor, When he gave them an order they knew souri. But he knew the citizen soldiers and held the Adjutant General’s posi- he understood them and they were will- who made up the Guard. He knew those tion until March 1977, when I left the ing to follow. citizen soldiers and respected them, Governor’s office. Upon my reelection I have lost a great friend, not just a and they respected him. in 1981, I once again called on this former Adjutant General. There have When I left office and Governor great leader and appointed General been many fine individuals who have Ashcroft took over, he made him his Kiefner to lead the Missouri National worn the uniform of our Nation’s Army Adjutant General for the next 8 years. Guard. General Kiefner served as Adju- National Guard, but none more proudly He served 16 years. In that time, he not tant General throughout my two terms than LTG Charles M. Kiefner. only built the Missouri National Guard as Missouri Governor. As a testament Mr. President, I yield the floor and to be one of the finest units—Air and to his skill and great leadership, he suggest the absence of a quorum.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1597 The PRESIDENT pro tempore. The Marine Division, I Marine Expedi- the 1st Combat Engineer Battalion, 1st clerk will call the roll. tionary Force, Camp Pendleton, CA. Marine Division, I Marine Expedi- The assistant legislative clerk pro- SPC Micah S. Gifford, 27, died of inju- tionary Force, Camp Pendleton, CA. ceeded to call the roll. ries suffered when an improvised explo- LCpl Luke C. Yepsen, 20, died Decem- Mr. BOND. Mr. President, I ask unan- sive device detonated near his unit ber 14, due to injuries suffered from imous consent that the order for the while on patrol during combat oper- enemy action in Al Anbar Province, quorum call be rescinded. ations in Baghdad, Iraq, on December Iraq. Lance Corporal Yepsen was as- The PRESIDENT pro tempore. With- 7. Specialist Gifford was assigned to signed to the 1st Tank Battalion, 1st out objection, it is so ordered. the 3rd Battalion, 509th Infantry Regi- Marine Division, I Marine Expedi- tionary Force, Twentynine Palms, CA. f ment, Airborne, 4th Brigade Combat Team, 25th Infantry Division, Fort Cpl Joshua D. Pickard, 20, died De- RECESS Richardson, AK. He was from Redding, cember 19, while conducting combat operations in Al Anbar province, Iraq. Mr. BOND. Mr. President, I ask unan- CA. Corporal Pickard was assigned to the imous consent that under the previous MAJ Megan M. McClung, 34, died De- 2nd Assault Amphibian Battalion, 2nd order the Senate stand in recess until cember 6, while supporting combat op- Marine Division, II Marine Expedi- the appointed hour. erations in Al Anbar province, Iraq. tionary Force, Camp Lejeune, NC. He The PRESIDENT pro tempore. With- Major McClung was assigned to I Ma- was from Merced, CA. out objection, it is so ordered. The Sen- rine Expeditionary Force Headquarters Group, I Marine Expeditionary Force, LCpl Ryan L. Mayhan, 25, died De- ate will stand in recess until the ap- cember 21, while conducting combat pointed hour. Camp Pendleton, CA. SPC Nicholas P. Steinbacher, 22, died operations in Al Anbar province, Iraq. There being no objection, the Senate, Lance Corporal Mayhan was assigned at 12:22 p.m., recessed until 3:30 p.m. on December 10, in Baghdad, Iraq, when an improvised explosive device deto- to the 3rd Battalion, 4th Marine Regi- and reassembled when called to order ment, 1st Marine Division, I Marine by the Presiding Officer (Mrs. MUR- nated near his military vehicle. Spe- cialist Steinbacher was assigned to B Expeditionary Force, Twentynine RAY). Palms, CA. He was from Hawthorne, The PRESIDING OFFICER. The Sen- Company, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Fort CA. ator from California is recognized. LCpl Ryan J. Burgess, 21, died De- Hood, TX. He was from La Crescenta, cember 21, while conducting combat f CA. operations in Al Anbar province, Iraq. ORDER OF PROCEDURE LCpl Clinton J. Miller, 23, died De- cember 11, while conducting combat Lance Corporal Burgess was assigned Mrs. BOXER. Madam President, I ask operations in Al Anbar province, Iraq. to the 3rd Battalion, 4th Marine Regi- ment, 1st Marine Division, I Marine unanimous consent that during the Lance Corporal Miller was assigned to Expeditionary Force, Twentynine time controlled by the Democrats this Marine Wing Support Squadron 373, Palms, CA. afternoon, the following be recognized Marine Wing Support Group 37, 3rd Ma- to speak for up to 10 minutes each, ex- Hospitalman Kyle A. Nolen, 21, died rine Aircraft Wing, I Marine Expedi- December 21, in Al Anbar Province, cept where noted, and that each side tionary Force, Marine Corps Air Sta- alternate when appropriate: BOXER, Iraq, as a result of enemy action. tion, Miramar, CA. Hospitalman Nolen was assigned to H MURRAY, DODD, 15 minutes; KERRY, 15 Cpl Matthew V. Dillon, 25, died De- minutes; NELSON of Florida, REED, Company, 3rd Battalion, 4th Marine Di- cember 11, while conducting combat vision, Regimental Combat Team 7, I HARKIN, and WHITEHOUSE. operations in Al Anbar province, Iraq. The PRESIDING OFFICER (Mrs. Marine Expeditionary Force Forward, Corporal Dillon was assigned to Marine Twentynine Palms, CA. MCCASKILL). Without objection, it is so Wing Support Squadron 373, Marine ordered. LCpl Fernando S. Tamayo, 19, died Wing Support Group 37, 3rd Marine Air- December 21, while conducting combat f craft Wing, I Marine Expeditionary operations in Al Anbar province, Iraq. Force, Marine Corps Air Station, HONORING OUR ARMED FORCES Lance Corporal Tamayo was assigned Miramar, CA. to the 3rd Battalion, 4th Marine Regi- CALIFORNIA CASUALTIES FROM IRAQ AND LCpl Budd M. Cote, 21, died December ment, 1st Marine Division, I Marine AFGHANISTAN 11, while conducting combat operations Expeditionary Force, Twentynine Mrs. BOXER. Madam President, in Al Anbar province, Iraq. Lance Cor- Palms, CA. He was from Fontana, CA. today I rise to pay tribute to 37 young poral Cote was assigned to Marine SPC Elias Elias, 27, died December 23, Americans who have been killed in Iraq Wing Support Squadron 373, Marine in Baghdad, Iraq, of wounds suffered since November 17, 2006. This brings to Wing Support Group 37, 3rd Marine Air- when an improvised explosive device 677 the number of soldiers who were ei- craft Wing, I Marine Expeditionary detonated near his vehicle while on pa- ther from California or based in Cali- Force, Marine Corps Air Station, trol. Specialist Elias was assigned to fornia that have been killed while serv- Miramar, CA. the 3rd Squadron, 61st Cavalry Regi- ing our country in Iraq. This represents MSgt Brian P. McAnulty, 39, died De- ment, 2nd Brigade Combat Team, 2nd 22 percent of all U.S. deaths in Iraq. cember 11, when the CH–53 helicopter Infantry Division, Fort Carson, CO. He SFC Tung M. Nguyen, 38, died on No- he was riding in crashed just after was from Glendora, CA. vember 14, in Baghdad, Iraq, of injuries takeoff in Al Anbar province, Iraq. SPC Michael J. Crutchfield, 21, died sustained from small arms fire. Ser- Master Sergeant McAnulty was as- December 23, in Balad, Iraq, of a non- geant First Class Nguyen was assigned signed to the 3rd Battalion, 4th Marine combat related injury. Specialist to B Company, 2nd Battalion, 3rd Spe- Regiment, 1st Marine Division, I Ma- Crutchfield was assigned to the 3rd cial Forces Group, Fort Bragg, NC. He rine Expeditionary Force, Twentynine Battalion, 4th Air Defense Artillery was from Tracy, CA. Palms, CA. Regiment, Fort Bragg, NC. He was LCpl Jeromy D. West, 20, died No- CPT Kevin M. Kryst, 27, died Decem- from Stockton, CA. vember 25, while conducting combat ber 18, from wounds received while con- SGT Lawrance J. Carter, 25, died De- operations in Al Anbar province, Iraq. ducting combat operations in Al Anbar cember 29, in Baghdad, Iraq, of wounds Lance Corporal West was assigned to province, Iraq. Captain Kryst was as- sustained when an improvised explo- the 2nd Battalion, 3rd Marine Regi- signed to Marine Light-Attack Heli- sive device detonated near his vehicle ment, 3rd Marine Division, III Marine copter Squadron 267, Marine Aircraft during combat operations. Sergeant Expeditionary Force, Kaneohe Bay, HI. Group 39, 3rd Marine Aircraft Wing, I Carter was assigned to the 1st Bat- He was from Aguanga, CA. Marine Expeditionary Force, Camp talion, 18th Infantry Regiment, 2nd Cpl Dustin J. Libby, 22, died Decem- Pendleton, CA. Brigade Combat Team, 1st Armored Di- ber 6, while conducting combat oper- LCpl Nicklas J. Palmer, 19, died De- vision, Schweinfurt, Germany. He was ations in Al Anbar province, Iraq. Cor- cember 16, while conducting combat from Rancho Cucamonga, CA. poral Libby was assigned to the 2nd operations in Al Anbar province, Iraq. SPC Luis G. Ayala, 21, died December Battalion, 4th Marine Regiment, 1st Lance Corporal Palmer was assigned to 28, in Taji, Iraq, of wounds suffered

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.022 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1598 CONGRESSIONAL RECORD — SENATE February 6, 2007 when an improvised explosive device Battalion, 509th Infantry Regiment, he was talking about. After nearly 4 detonated near his unit while on com- Airborne, 4th Brigade Combat Team, years in Iraq, I know of no one today bat patrol. Specialist Ayala was as- 25th Infantry Division, Fort Richard- who would argue with that statement. signed to the 2nd Squadron, 8th Cav- son, AK. He was from San Diego, CA. As Members of Congress, we have an alry Regiment, 1st Brigade Combat PFC Michael C. Balsley, 23, died on awesome responsibility to decide Team, 1st Cavalry Division, Fort Hood, January 25, in Baghdad, Iraq, when an whether to send America’s sons and TX. He was from South Gate, CA. improvised explosive device detonated daughters into war. I voted against the Sgt Aron C. Blum, 22, died December near his military vehicle. Private First resolution authorizing the President to 28, at the Naval Medical Center in San Class Balsley was assigned to the 3rd go to war in Iraq because I didn’t be- Diego, California, of a nonhostile cause Squadron, 61st Cavalry Regiment, 2nd lieve we should have been rushing to after being evacuated from Al Anbar Infantry Division, Fort Carson, CO. He say to the President: Go it alone, you province, Iraq, on December 8. Ser- was from Hayward, CA. have a blank check. geant Blum was assigned to Marine LCpl Anthony C. Melia, 20, died Jan- This is what I said at the time, Octo- Aerial Refueler Transport Squadron uary 27, while conducting combat oper- ber 10, 2002, which is just before this 352, Marine Aircraft Group 11, 3rd Ma- ations in Al Anbar province, Iraq. Senate voted to give the President au- rine Aircraft Wing, I Marine Expedi- Lance Corporal Melia was assigned to thority to go to war: tionary Force, Marine Corps Air Sta- Battalion Landing Team 2nd Battalion, I never have seen a situation where the tion, Miramar, CA. 4th Marine Regiment, 15th Marine Ex- President of the United States asked for the PFC Ming Sun, 20, died January 9, in peditionary Unit, Special Operations ability to go to war alone and yet has not Ar Ramadi, Iraq, of wounds suffered Capable, I Marine Expeditionary Force, told the American people what that would when his unit came in contact with Camp Pendleton, CA. He was from mean. How many troops would be involved? How many casualties would there be? Would enemy forces using small arms fire Thousand Oaks, CA. the U.S. have to foot the entire cost of using during combat patrol operations. Pri- SPC Carla J. Stewart, 37, died Janu- force against Iraq? If not, which nations are vate First Class Sun was assigned to ary 28, in Tallil, Iraq, of injuries suf- ready to provide financial support? Troop the 1st Battalion, 9th Infantry Regi- fered when her convoy vehicle rolled support? What will the cost be to rebuild ment, 2nd Brigade Combat Team, 2nd over. Specialist Stewart was assigned Iraq? How long would our troops have to stay Infantry Division, Fort Carson, CO. He to the 250th Transportation Company, there? What if our troops become a target for was from Cathedral City, CA. El Monte, CA. She was from Sun Val- terrorists? 2LT Mark J. Daily, 23, died on Janu- ley, CA. Obviously, I didn’t know the answers ary 15, in Mosul, Iraq, when an impro- CWO 3 Cornell C. Chao, 36, died on to those questions that weighed on my vised explosive device detonated near January 28, in Najaf, Iraq, of injuries heart that day, but today I know that his military vehicle. Lieutenant Daily sustained when his helicopter crashed. there are more than 138,000 troops serv- was assigned to the 2nd Battalion, 7th Chief Warrant Officer Three Chao was ing in Iraq, with a big escalation to Cavalry Regiment, 1st Cavalry Divi- assigned to the 4th Battalion, 227th come, an escalation that the Repub- sion, Fort Bliss, TX. He was from Aviation Regiment, 1st Cavalry Divi- licans would not allow us to vote on. I Irvine, CA. sion, Fort Hood, TX. He was from Or- know that 3,098 soldiers have been CAPT Brian S. Freeman, 31, died ange, CA. killed and more than 23,000 have been January 20, in Karbala, Iraq, of wounds PFC David T. Toomalatai, 19, died on wounded. I know we have spent $379 suffered when his meeting area came January 27, in Taji, Iraq, when an im- billion and that doesn’t include the under attack by mortar and small arms provised explosive device detonated President’s latest request. And I know, fire. Captain Freeman was assigned to near his military vehicle. Private First as we all do, that our troops are targets the 412th Civil Affairs Battalion, Class Toomalatai was assigned to for terrorism and that 61 percent of Whitehall, OH. He was from Temecula, Headquarters and Headquarters Com- Iraqis think it is OK to shoot an Amer- CA. pany, 2nd Battalion, 8th Cavalry Regi- ican soldier. How can this President SPC Jeffrey D. Bisson, 22, died Janu- ment, 1st Cavalry Division, Fort Hood, send more of our troops into a country ary 20, in Karma, Iraq, of wounds sus- TX. He was from Long Beach, CA. he says he is trying to help when 61 tained when an improvised explosive LCpl Adam Q. Emul, 19, died January percent of the Iraqi people say it is OK device detonated near his Humvee. 29, from wounds received while con- to shoot and kill an American soldier, Specialist Bisson was assigned to the ducting combat operations in Al Anbar and 71 percent of Iraqis want us out of 3rd Battalion, 509th Infantry, Airborne, province, Iraq. Lance Corporal Emul Iraq within a year? We now have an- 4th Brigade Combat Team, 25th Infan- was assigned to 3rd Battalion, 4th Ma- swers to the questions I raised that try Division, Fort Richardson, AK. He rine Regiment, 1st Marine Division, I bleak day—terrible answers. Yet my was from Vista, CA. Marine Expeditionary Force, Republican colleagues wouldn’t allow LCpl Andrew G. Matus, 19, died Janu- Twentynine Palms, CA. us to vote on a resolution opposing an ary 21, from wounds received while con- SGT William M. Sigua, 21, died on escalation of this war, an escalation of ducting combat operations in Al Anbar January 31, in Bayji, Iraq, when his dis- over 40,000 troops, when you consider province, Iraq. Lance Corporal Matus mounted patrol received small arms the support troops. was assigned to Battalion Landing fire. Sergeant Sigua was assigned to C We know that a majority of Senators Team 2nd Battalion, 4th Marine Regi- Company, 1st Battalion, 505th Para- oppose this escalation. We know the ment, 15th Marine Expeditionary Unit, chute Infantry Regiment, 82nd Air- majority of the American people op- Special Operations Capable, I Marine borne Division, Fort Bragg, NC. He was pose this escalation. Yet we can’t vote Expeditionary Force, Camp Pendleton, from Los Altos, CA. on it. Many of us have gone further. We CA. I would also like to pay tribute to have proposed resolutions and bills to LCpl Emilian D. Sanchez, 20, died the soldier from California who has start redeploying our troops out of January 21, from wounds received died while serving our country in Oper- Iraq. We have called on the Iraqis—a while conducting combat operations in ation Enduring Freedom since Novem- majority of us last year—to shoulder Al Anbar province, Iraq. Lance Cor- ber 17. the burden of defending their own poral Sanchez was assigned to Bat- SPC Jeffrey G. Roberson, 22, died on country. talion Landing Team 2nd Battalion, November 28 in Logar, Afghanistan, It seems like yesterday when we 4th Marine Regiment, 15th Marine Ex- from injuries sustained when an impro- passed the 1,000 dead mark and then peditionary Unit, Special Operations vised explosive device detonated near 1,500 dead mark and then the 2,000 dead Capable, I Marine Expeditionary Force, his patrol. Specialist Roberson was as- mark and then the 2,500 dead mark. Camp Pendleton, CA. signed to the 230th Military Police Now it is more than 3,000 dead. I re- SSG Jamie D. Wilson, 34, died Janu- Company, Kaiserslautern, Germany. He member when we hit the 2,500 dead ary 22, in Fallujah, Iraq, from wounds was from Phelan, CA. mark last June. A reporter at the suffered while conducting security op- IRAQ ESCALATION White House press briefing asked Mr. erations in Karmah, Iraq. Staff Ser- When General William Sherman said Bush’s press secretary, Tony Snow, if geant Wilson was assigned to the 3rd ‘‘war is hell,’’ he certainly knew what the President had any reaction. Mr.

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.030 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1599 Snow said: ‘‘It’s a number, and every ite or Sunni militia, but we know that President Franklin Delano Roo- time there’s one of those 500 bench- our soldiers, working with Iraqis, sevelt, the man who knew a thing or marks, people want something.’’ killed several hundred gunmen in a two about being at war said: What does that even mean? He calls fierce fight and a helicopter went In the truest sense, freedom cannot be be- 500 American dead benchmarks? That down, our helicopter, and we lost our stowed; it must be achieved. was a low point even for this adminis- people. The Iraqis must achieve it. We can- tration that keeps on saying, if you The reporters point out that our not want it for them more than they don’t support the war, you don’t sup- forces are fighting ‘‘a complex patch- are willing to fight for it themselves. port the troops. That is hogwash. How work of elusive enemies,’’ and the All we are doing by sending more do you support the troops when you deaths outside of Najaf would con- troops to Iraq is feeding an already send them into the middle of a civil stitute the highest daily casualty toll out-of-control dependence. So I believe war where they don’t even know who is inflicted by U.S. and Iraqi forces since we must not only speak out against the shooting at them? How do you support U.S. troops arrived in Baghdad shortly escalation, but we should do every- the troops? Three thousand ninety- after the March 2003 invasion. thing in our power to stop it. We need eight soldiers dead is not just a num- This group we wound up fighting, be- to convene an international con- ber; those are people. That is 3,098 fam- cause the Iraqi soldiers couldn’t handle ference, as the Iraq Study Group called ilies who are forever changed. To put it and they called us in, call them- for. We need to call for a cease-fire. I more of them in harm’s way, to esca- selves Heaven’s Army, a messianic cult haven’t heard the word out of the late our involvement does not say to who believes in the imminent return of Malaki’s lips, ‘‘cease-fire.’’ It is his me we love them. It says to me we have Imam Mahdi, the last in the line of country. His people are killing each not thought this through. We are not Shiite saints who disappeared more other. ‘‘Cease-fire’’ would be a term of listening or this administration is not than 1,000 years ago. art to give people hope that there can Nomas, who is a spokesperson for the listening to the Iraq Study Group. It is be peace. At this international con- Iraqis, went on to lament to the report- not listening to the military generals ference, we can look at the long-term ers that many Shiites believe the end who came before us to say this is solutions. Right now our troops have days are coming, due to all of the vio- wrong. It is not listening to the Amer- mission impossible, acting as a police lence. This is what he said: ican people. force in the middle of what is, by most Again and again this White House There’s nothing bizarre in Iraq anymore. accounts, a civil war. We’ve seen the most incredible things. closes its eyes on the reality of this Nowhere in the resolution this Sen- war. I know they don’t want to see the People think the end is near, and ate voted on authorizing force is it tragic truth. But if you are going to that is what this President is sending stated our soldiers’ mission is being in make a decision to send our soldiers to more troops into. the middle of a shooting civil war. We Our troops have seen things we can war, you better be able to look at the ought to ask this President to come hardly imagine, things that may haunt consequences of that decision. They back with a new authorization, if that them throughout their lives. I have would not even let us vote on this esca- is what he wants to do. worked hard with my colleagues on Senator WARNER has said that in the lation. The White House doesn’t want both sides of the aisle to try and fash- that vote. They don’t want to be sec- past. He said: ion some legislation so we have a com- I think we have to examine very carefully ond-guessed. They don’t want to be em- mission that is set up to look at the barrassed. They don’t want to hear what Congress authorized the president to do mental health problems of our soldiers. in the context of a situation, if we’re faced what this Democratic Congress has to They are deep, the signature wounds of with all-out civil war. say. And guess what. Elections have this war, brain damage and Well, that time has come. This Presi- consequences—how many times has the posttraumatic stress. dent should, A, send a signal that he President told us that—and this elec- In other parts of Iraq that Sunday, in wants to see us vote on this escalation tion had consequences. It means we addition to that school I showed and in of his and, B, be willing to come back have to take off the rose-colored glass- addition to the fight with Heaven’s with a new authorization that says es. Army, the messianic cult, we lost two clearly that it is fine for our troops to Let’s look at the events of Sunday, U.S. soldiers and a marine. In Kirkuk, be in the middle of a civil war. Enough January 28, in Iraq, as told by two Los violence raged. In Babil Province, mor- is enough. Angeles Times reporters, Louise Rough tar rounds killed 10, and 5 bodies were Enough is enough. We have to end and Borzou Daragahi. That Sunday in found in the Tigris River. There was an the paralysis of ‘‘stay the course.’’ This America happened to be my wedding assassination in Kut, a deadly car is a time of great challenge for the U.S. anniversary, a day of rest for many, a bombing in Fallujah. In western Bagh- Congress. I have been very proud these day of relaxation, a day for religion, a dad, explosives hidden in a wooden cart past few weeks to see my colleagues on day for football, a day for basketball, a killed 4 and injured 18, and an Industry both sides of the aisle begin to speak day for movies, a day for fun, a day for Ministry advisor and his daughter were out forcefully against this. For me, it family; in Iraq, a day of hell. shot to death. is easy to oppose the President on this The headline of the LA Times, the On the east side of the Tigris, a bomb war because, as I said, I voted against following Monday, reads: ‘‘Hundreds exploded on a bus, killing one. Two it, as did the occupant of the chair at Die in Clash near Iraq Holy City.’’ Here other bombs exploded, killing seven. A that time. We didn’t have our ques- is the article. I don’t know if this can bank clerk was killed by gunmen in a tions answered. I understand it is hard- be seen on the television, but it is a car near her home. This was all in this er for others. But I believe everybody— beautiful young girl, an Iraqi teenage one article. This is one day, January at least a majority of the Senate— girl. It could be your daughter; it could 28, one day. Fifty-four bodies were wants to vote on this escalation. They be mine. She is leaving school. She is found, including a woman kidnapped 2 want to be heard on behalf of their con- stepping down steps that are bloodied days prior. stituents. by the blood of her schoolmates. She is And finally, in Diyala Province So it is times like these that I recall barely looking around, and no one is northeast of Baghdad, 1,500 policemen, the words of one of my heroes, the helping her. This is a sight that is too Iraqis, were charged with absenteeism great Martin Luther King, who said: often the reality in Iraq. The child has and fleeing fighting. And this is what The ultimate measure of a man [and I sus- seen what no child should ever see, the President is sending more of our pect he meant woman, also] is not where what we would do anything in the American soldiers into, and they they stand in the moments of comfort, but world to stop our children from seeing. wouldn’t let us vote on it here. It is ab- where they stand at times of challenge and And she appears numb. solutely outrageous. It is immoral that controversy. The reporters write about fighting we cannot vote on whether we agree He also said: erupting near holy city of Najaf on the with this escalation. Our soldiers gave Our lives begin to end the day we become Shiite holiday of Ashura. There were the Iraqis their freedom, their Govern- silent about things that matter. conflicting reports as to whether the ment, a sovereign nation, and now it is Well, this escalation matters. We fighters causing the trouble were Shi- the Iraqis’ turn to decide their future. ought to be heard on it.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1600 CONGRESSIONAL RECORD — SENATE February 6, 2007 I commend my leader, Senator REID, the same thing that has been asked be- have mentioned—this week, or when- for holding firm on this issue. There fore. The issue before the American ever we finish them, then we would ought to be an up-or-down vote on this people is whether the President of the begin the Presidents Day recess at the escalation. United States, on his own, should be conclusion of this week. One of the I yield the floor. able to send 48,000 American soldiers to things we found is that because of the The PRESIDING OFFICER. The Re- Iraq, costing approximately $30 billion accelerated work schedule, people are publican leader is recognized. extra. having a lot of work to do at home. So f The Republicans can run, as I said that is why we would do this. UNANIMOUS-CONSENT REQUEST yesterday, but they cannot hide. That Madam President, there would be no is the issue before the American peo- amendments to the CR from either Mr. MCCONNELL. Madam President, ple. We all support the troops, and we side. I mention that because, in getting my good friend, the majority leader, have fought very hard, in spite of our to the point where we are, there has and I have been in a discussion over the misgivings about this war, to make been total consultation by the major- last few days, going back to last week, sure they have everything they have ity and minority, each subcommittee, over how to go forward on the Iraq de- needed. and the majority and ranking mem- bate. As I have indicated to him both It is interesting that there is a lot of bers. The chair and ranking members privately and publicly, we on this side talk about the Gregg amendment. But work very closely. One of the people of the aisle were certainly looking for- if you look at the Gregg amendment heavily involved in this, for example, is ward to having an Iraq debate this and at page 2—the last paragraph on Senator DOMENICI, my long-term part- week and are prepared to do so and are page 2 of his amendment—and you look ner on the Energy and Water Sub- ready to go forward. in the Warner amendment on page 3, I think we all agree at this moment committee on Appropriations. He paragraph 4, it is identical language. that there is no more important issue fought for more, and he got more. That Warner has encapsulated within his facing the Nation than the mission and happened with many Republicans who amendment what Gregg wanted, which the fate of the American service men spoke out, and most of them did. is the so-called ‘‘resolve clause.’’ and women in Iraq. This means, of I further say that if there were ever This is all a game to divert attention course, that the men and women of this a bipartisan measure, it is the con- from the fact that we have before us body have no higher duty than to ex- tinuing resolution. But we have to fin- now an issue that the American people press ourselves openly and honestly on ish before February 15. want us to address: whether there this issue, to take a stand on where we So I ask my friend, the Republican should be a surge, an escalation, an stand. The only truly meaningful tool leader, to accept my alteration to his augmentation of the already disastrous the Framers gave us to do this was our unanimous consent request. war taking place in Iraq, causing 3,100 ability to fund or not fund a war. That The PRESIDING OFFICER. Is there American deaths, approximately; 24,000 is it. This is what Republicans are in- objection to the request? sisting upon—that the Members of this wounded American soldiers, a third of Mr. MCCONNELL. Madam President, body express themselves on the ques- whom are hurt very badly; 2,000 are reserving the right to object, and I will tion of whether to fund or not to fund missing multiple limbs—brain injuries, object, let me remind our colleagues the war in Iraq. blindness, paralysis. That is what 8,000 that 4 years ago last month, we were at I had indicated to my good friend, American soldiers now are going exactly the same situation. My party the majority leader, that I would be through—men and women. came back to the majority. The Demo- propounding another unanimous-con- So I ask my friend to amend his re- cratic majority of the previous Con- sent request at this point, and I will do quest in the following manner: gress had not passed 11 out of the 13 ap- that now. I ask unanimous consent that the propriations bills. And what did the I ask unanimous consent that, at a Foreign Relations Committee be dis- new Republican majority do? We took time determined by the majority lead- charged from further consideration of up an omnibus collection of appropria- er, after consultation with the Repub- S. Con. Res. 7, by Senator WARNER, and tions bills. We had over 100 amend- lican leader, the Senate proceed en S. Res. 70, by Senator MCCAIN, and the ments offered. We gave everybody in bloc to the following concurrent reso- Senate proceed to their consideration the Senate an opportunity to offer lutions under the following agreement: en bloc; that there be 6 hours for de- amendments, and we disposed of all of S. Con. Res. 7, the Warner resolution, bate equally divided between the two those appropriations bills over a cou- which is to be discharged from the For- leaders or their designees on both reso- ple-week period. eign Relations Committee; McCain- lutions, to be debated concurrently; What my good friend, the majority Lieberman-Graham, regarding bench- that no amendments or motions be in leader, is suggesting is that we take up marks; Gregg, relating to funding. order to either resolution; that at the a continuing resolution of 11 appropria- I further ask unanimous consent that conclusion or yielding back of the tions bills, with no amendments what- there be a total of 10 hours of debate time, the Senate vote on Senator soever, and he offers as an enticement equally divided between the two lead- MCCAIN’s resolution, followed by a vote an extra week off. This is completely ers or their designees; provided further on Senator WARNER’s resolution; that unacceptable to the minority. First, he that no amendments be in order to any if either resolution fails to garner 60 is saying that we cannot get adequate of these measures; further, that at the votes, the vote be vitiated and the res- consideration to our Iraq proposals. use or yielding back of time, the Sen- olution be returned to its prior status; Second, he is saying we cannot have ate proceed to three consecutive votes that immediately following the votes any amendments to an over $400 billion on the adoption of the concurrent reso- on the resolutions I have just men- continuing appropriation. Therefore, I lutions in the following order, with no tioned, the Senate turn to the consid- object. further action or intervening action or eration of H.J. Res. 20, the infamous The PRESIDING OFFICER. Objec- debate: McCain-Lieberman-Graham, on continuing resolution, funding the tion is heard. benchmarks; Gregg, on funding and Government after February 15 for the Mr. REID. Madam President, I will supporting our troops; S. Con. Res. 7, rest of the fiscal year; that there be 4 continue reserving the right to object the Warner resolution. hours for debate on the joint resolu- to my friend’s unanimous consent re- Finally, I ask unanimous consent tion; that no amendments or motions quest. Prior to making a decision on that any resolution that does not re- be in order in relation to it; that at the that, I want to read to everybody here ceive 60 votes in the affirmative, the conclusion or yielding back of the from page 3, paragraph 4, of the Warner vote on adoption be vitiated and the time, the Senate vote on final passage resolution: of the joint resolution; that if the joint concurrent resolution be returned to The Congress should not take any action its previous status. resolution fails to get 60 votes, the vote that will endanger United States military The PRESIDING OFFICER. Is there be vitiated and the joint resolution be forces in the field, including the elimination objection? returned to the calendar. or reduction of funds for troops in the field, Mr. REID. Madam President, reserv- I announce that if we are able to do as such an action with respect to funding ing the right to object, this is basically that—dispose of these three items I would undermine their safety or harm their

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.033 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1601 effectiveness in pursuing their assigned mis- going to the science bill, and I guess it tiveness in pursuing their assigned sions. is modern math. We don’t accept that, missions. Madam President, I object. Madam President. What we demand for I don’t think it requires a great deal Mr. MCCONNELL. Madam President, the American people is an up-or-down of explanation. It is simply a state- it is clear now to the minority that vote on the escalation of the war in ment of commitment to our troops five proposals on our side were too Iraq. McCain has been filed. Let’s vote which seems reasonable. It is hard for many, three proposals were too many, on it. Let’s vote on Warner. That is our me to understand how we can send and two proposals were too many, but proposal. We haven’t wavered from troops on a mission, walking the the majority leader offered us one last that. We will not waiver from that. streets of Baghdad—American troops, week. He said: I will take one and you That is what the American people de- American men and women—and not take one. So I am going to modify my mand and ultimately they will get. I say to those men and women: Listen, request of a few moments ago which, as object. we are going to support you with the the leader indicated, was exactly the The PRESIDING OFFICER (Mrs. financing, with the logistics, with the same as my request of late last week. I MCCASKILL). Objection is heard. equipment you need to be as safe as am going to modify my request. The Republican leader. you possibly can be in this very dan- As I have said repeatedly, the Mem- Mr. MCCONNELL. Madam President, gerous mission you are undertaking for bers on this side of the aisle are ready as my good friend on the other side of our Nation. and willing to proceed with this debate. the aisle frequently reminded us last That is all it says. I can’t understand At the outset, I indicated we were pre- year, the Senate is not the House. It is why the other side isn’t willing to pared to enter into, as I said a moment not possible in this body for the major- allow a vote on that resolution. If they ago, an agreement for debate and votes ity to dictate to the minority the con- want to vote on the Warner amend- on various resolutions. We had hoped tents of this debate. What we are ask- ment, it doesn’t make any sense. for a number—and it was pretty chal- ing for, by any standard, is reasonable: Mr. MCCONNELL. Madam President, lenging, frankly, to pare down the One alternative—just one—to the pro- reclaiming my time, the other side just number on our side. As I indicated, we posal on which my good friend, the ma- proposed an agreement that mandates started with five. That was rejected jority leader, is seeking to get a vote. 60 votes on two resolutions. Those are from the other side. We pared our pro- We don’t object to having this debate. their words on paper. We agree to those posals down to two. That meant three We are ready and willing to have this terms, but at least we are suggesting proposals in total—the Warner pro- debate, anxious to have this debate, that we be allowed to pick the proposal posal and two additional ones—to be but we insist on fundamental fairness. on our side, as Senator GREGG has just debated for a reasonable amount of The Gregg amendment is about the outlined what the proposal on our side time and then three votes—the unani- troops. How can we have a debate on would be. mous consent request I just pro- Iraq and have no debate about the The majority leader apparently seeks pounded. troops? Do we support them or don’t to dictate to us what the proposal on I think what we just offered was a we? That is what the Gregg amend- our side would be. That is simply unreasonable approach and would allow ment is about, and Senate Republicans heard of in the Senate, that he is tell- the Senate to have those votes this insist that we consider those who are ing us that on the continuing resolu- week. Evidently, as I indicated, three being sent to Iraq, over and above the tion, we will get no amendments at all, proposals are too many. So, therefore, current troops deployed there, in our and on the Iraq resolution, he will pick in order to allow us to move forward debate, which is entirely about the ad- for us what our proposal is to be. I with this important debate, I am pre- ditional troops going to Iraq. think that doesn’t pass the fairness pared to have votes on just two resolu- I assume the whole genesis of this de- test. tions. bate this week is the question of addi- I see the Senator from New Hamp- Therefore, I ask unanimous consent tional troops going to Baghdad under shire on the Senate floor. I wonder if that at a time determined by the ma- the direction of General Petraeus to he has any further observations he jority leader, after consultation with try to quiet the capital city and allow would like to make. the Republican leader, the Senate pro- this fledgling democracy to begin to Mr. GREGG. Madam President, I ceed en bloc to two concurrent resolu- take hold. And the Gregg amendment— would simply like to inquire of the Re- tions under the following agreement: S. Senator GREGG is right here on the publican leader, have you ever in your Con. Res. 7, the Warner resolution, floor of the Senate and is fully capable experience seen a time when—either which is to be discharged from the For- of explaining what the Gregg amend- the Republican leadership or the Demo- eign Relations Committee; and Senator ment is about. I ask the Senator from cratic leadership—the majority party GREGG’s amendment related to the New Hampshire, what is the essence of says to the minority party: We will set funding and supporting our troops. the Gregg amendment which we seek forth the amendments on which we are I further ask unanimous consent that to have voted on in the context of this going to vote, and we will also set forth there be a total of 10 hours of debate Iraq war? and write the amendment on which you equally divided between the two lead- Mr. GREGG. Madam President, I will are going to vote? ers or their designees; provided further attempt to read it. I first have to find Mr. MCCONNELL. Madam President, that no amendments be in order to any my glasses. My wife told me I had to I say to my friend from New Hamp- of the measures; further, that at the use my glasses. shire, I have been here now—it is hard use or yielding back of time, the Sen- The resolution which I proposed and to believe—a couple of decades, and I ate proceed to two consecutive votes which I understand the Republican cannot recall a time in which one side on the adoption of the concurrent reso- leader has suggested be the Republican has dictated to the other side what lutions in the following order, with no alternative or the alternative pre- their proposal will be in a legislative further action or intervening debate: sented—in fact, it will have Demo- debate. the Gregg resolution supporting the cratic support, I suspect, enough so Mr. GREGG. I understand, I ask the troops and S. Con. Res. 7, sponsored by that maybe the majority leader doesn’t Republican leader further, especially Senator WARNER. want it voted on because it might have since it seems ironic in the context of Finally, I ask unanimous consent so much Democratic support. putting forward a commitment to say that any resolution that does not re- In any event, it is a proposal that to the men and women who are fight- ceive 60 votes in the affirmative, the simply states that it is the sense of the ing for us: We shall give you the sup- vote on adoption be vitiated and the Congress that Congress should not take port you need when you are sent on a concurrent resolution be returned to any action that will endanger U.S. mission; they are not choosing to go on its previous status. military forces in the field, including this mission; they are members of the Mr. REID. Reserving the right to ob- the elimination or reduction of funds military who, under their responsi- ject, we have gone from this morning for troops in the field, as such action bility as members of the military, are and trying to copy one of the trick with respect to funding would under- being sent on a mission; is it not rea- plays from the Super Bowl to now mine their safety or harm their effec- sonable that we should say to them: We

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1602 CONGRESSIONAL RECORD — SENATE February 6, 2007 will give you the logistical support, fi- that not a single Republican Senator I ask the Senator: He heard me read nancial support, the equipment you has come to the floor and said: I sup- the language of my resolution earlier, need in order to fulfill that mission port President Bush sending 48,000 and I will read it again, if he wishes. correctly? more troops to Iraq. That speaks vol- Mr. REID. If I can interrupt, and I do Mr. MCCONNELL. Madam President, umes. that apologetically, I read it before the I say to my friend from New Hamp- I will also say this, Madam Presi- Senator from New Hampshire arrived shire, I can’t think of anything more dent: Senator BOXER, a couple rows in the Chamber because it is in the relevant to an Iraq debate about the back, just a few minutes ago, talked Warner resolution. appropriateness of this new mission, about one short snapshot of one day Mr. GREGG. Good. If the Senator is which General Petraeus will lead, than from the Los Angeles Times: Scores of of such a mind, I ask if this were a free- the amendment which Senator GREGG people being murdered and killed and standing resolution brought to the has authored and which we request be mutilated; a little girl leaving school floor, would the Senator vote for my our proposal as this debate goes for- with blood-drenched steps over which resolution? ward. she was walking. One could see the red Mr. REID. I don’t think I have to Mr. GREGG. Madam President, if the in the photograph, and Senator BOXER make that judgment now because the Senator will yield just for one further was one, two, three rows back. We judgment, I say to my friend from New point, would it not be truly unusual in could all see that. Hampshire, is not some diversionary a democratic forum, which is supposed Not a single person has come to the matter. The issue before this body and to be the most deliberative body in the floor to support the surge, but that is the issue before the American people— world, to not allow the minority to what is dictating what we vote on that is why we are getting hundreds of bring forward a resolution—which is today. It is not the majority leader. phone calls in my office and other Sen- probably going to get more than a ma- We, for the American people, need to ate offices around the country. The jority vote should it ever be voted on— have this debate. issue is does the Senate support the which is not contestable as to its pur- Also, I certainly care a lot about the President’s surge? That is the question. pose—its purpose being well meaning; Senator from New Hampshire—and he I have to say the Senator from Ari- it is certainly not a purpose that is knows that is true—but I have to zona at least was willing to put his anything other than to express a sense smile. What has he done the first few name on it and move forward. We of support for those who are defending weeks of this legislative session? He haven’t heard a lot of speeches in favor us—would it not be a new form of de- has brought to the Senate floor during of his resolution. Where are they? mocracy, maybe closer to the Cuban the debate on ethics, lobbying reform, Mr. GREGG. Madam President, if the model, to not allow an amendment pre- and earmark reform the line-item veto, Senator will yield further, I guess I sented by the minority as their option and then he brought it forth again on find it difficult to argue that it is a di- but, rather, have the majority write minimum wage. And now to stop a de- version when the resolution that I am the minority’s amendment which bate on the escalation of the war in proposing simply says that we will sup- would then be voted on? That way the Iraq, he now comes up with this other port the troops who are being asked to majority gets to write both amend- diversionary tactic. He is a wonderful carry out the mission they have been ments, I guess is my bottom line. man, a gentleman, but, Madam Presi- assigned. This is not a diversion. This You have one-party rule, sort of a dent, do you know what he kind of re- is a responsibility, I would think, of Cuban model of democracy. minds me of this first few weeks of this every Member of the Senate to take a Mr. MCCONNELL. Madam President, legislative session? Somebody who position on whether they support giv- I thank my friend from New Hampshire comes into a basketball game, not to ing the troops who have been assigned for his observations about not only the score points, just to kind of rough peo- the task, the equipment, the financial process but the merits of his proposal. ple up, just to kind of get the game support, and the logistical support Let me conclude by reiterating once going in a different direction. they need to protect themselves and again that I think the Senator from The game we have going today has carry out that mission. New Hampshire and I and others, in- nothing to do with supporting the cluding those who have been speaking I think to call that a diversion does troops. We support the troops. Every on the Senate floor on this side this not do justice to our troops in the field, speech that a Democrat has given in morning, welcome the debate about so I am concerned about that. It does the last 4 years has talked about how Iraq policy. We had anticipated having seem to me for the Senator from Ne- much we support the troops. In fact, we the debate this week. It is not too late vada to take that position is incon- were the first to raise the issue. We to have the debate this week. sistent with the basic philosophy of We are now down to two proposals, were the first to raise the issue about a Congress, which is that the first re- just two proposals. It took a lot of time lack of body armor. We raised that sponsibility in a matter of warfighting on our side to get down to one for us first. We support the troops. We have is to support the troops. and, of course, the majority has a pref- done that not only with our mouths Mr. REID. Madam President, I have erence of its own. This debate could be but with the way we voted. been asked to yield to my friend from wrapped up in relatively short order, The debate in the Senate should be Washington, and I am glad to do that. and then we could move on with the on the resolution submitted by the The PRESIDING OFFICER. The Sen- continuing resolution, where I hope it Senator from Arizona, which they have ator from Washington. might be possible for the minority to obviously dropped—the resolution from Mrs. MURRAY. Madam President, I have at least some amendments. the Senator from Arizona and Senator asked the majority leader to yield for a Madam President, with that, I yield LIEBERMAN from Connecticut. They question. I have been on the Senate the floor. threw that out in an effort to go for floor and listened to the exchange be- The PRESIDING OFFICER. The ma- this diversion. tween the majority leader and the Re- jority leader. So why don’t we see how the minor- publican leader and, quite frankly, I Mr. REID. Madam President, the Pre- ity feels about voting on the Presi- was astonished and I want to under- siding Officer is a new Member of this dent’s surge of $30 billion and 48,000 stand if the majority leader heard the body, but she should have seen when troops? That is what this debate is same thing I did. the Republicans were in the majority. about. The Republican leader came back to We didn’t have amendments. They Mr. GREGG. Madam President, will you and offered to remove from consid- filled every tree. I will also say, it the Senator yield for a question? eration the McCain amendment, which speaks volumes here today—volumes. Mr. REID. Sure. is the pro-escalation amendment, es- There is not a single person on the Mr. GREGG. First, I appreciate the sentially offering a vote on just the other side of the aisle who has come to Senator’s generous comments. I take Warner and Gregg amendment. Leaving the floor and supported the troop surge them as a compliment. I have been ac- aside what this says about the lack of of President Bush—not a single person. tive legislatively. That is, obviously, support of the proposal on their side, I wonder if President Bush is aware our job. are we hearing from the other side that

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.035 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1603 they do not even want a vote on wheth- times in the past, as the Senator which says the policy is advisable and er they support the President’s esca- knows, because we have been in the should be followed. Even given the op- lation? Senate for many years. tion of two Republican amendments, It seems to me we are hearing a That is my question. Again, I thank the Republican minority, yesterday, phony debate request on who supports the majority leader for allowing me to voted to deny any opportunity for the the troops. That is not a debate that engage in this discussion with him. Senate to debate two Republican we need to have. Everyone in this body Mr. REID. Madam President, I say to amendments? supports the troops. I ask the leader if my friend who came to the House at Mr. REID. I would say to my friend, he heard the request from the Repub- the same time as myself, and then we yes, that is true. We were willing be- licans the same way I did, that they no came to the Senate together—in fact, cause the Senator from Arizona had longer even want to have a vote on there is only one person ahead of me in the ability, the courage, and the dig- whether they support the President’s seniority, and that is the Senator from nity to put this issue before the Amer- escalation. Arizona because the State of Arizona ican people, even though—and he Mr. REID. Madam President, I say to has more people in it than the State of knows this—the vast majority of my friend from Washington that we Nevada—no one has ever doubted the American people do not support the es- have a record of supporting the troops. courage of the Senator from Arizona. I calation in Iraq. But he did it. We were We did it in Kosovo, we did it through have read the books. I know about Sen- willing to take two Republican resolu- the entire Balkans, and we did it in Af- ator MCCAIN. He has not only been he- tions—one supporting the surge, one ghanistan. We did it in Afghanistan roic on the field of battle but also leg- opposing the surge—and let Senators with very few questions asked, and islatively, and I respect that. from every State in the Union raise rightfully so. We have supported every But I say to my friend, yes, there are their hand and tell the American peo- effort made by this President to defeat 60 votes required on some things in this ple how they feel about it. the war on terror, with rare exception. body. Not everything. The vast major- Mr. DURBIN. Madam President, I But the troops in the field? Never, ity of legislation that passes here is might ask the Senator from Nevada never have we wavered from that. with a simple majority. I would say to whether this resolution being offered In fact, I don’t know of a speech, al- my friend, recognizing that it does by Senator GREGG really is focused not though there could be some given, take 60 votes, that is why I offered to on the major issue of escalating the where a Democrat has talked about the do the deal: McCain, 60 votes; Warner, war but somehow is focused on sup- war in Iraq and hasn’t talked about 60 votes. That is the proposal I made. porting the troops. Even the Warner how much we appreciate the work done That is pending before the body right resolution, a Republican resolution, by these valiant troops and the sac- now, and that has been turned down has the identical language of the Gregg rifices of their families. That is why we five or six times. So I would be willing resolution when it comes to that sup- were stunned during the State of the to do it on a simple majority, if you port of the troops; is that not true? Mr. REID. I say to my friend that the Union Address when the President even want to do McCain on a simple major- rumor around here is that Senator mentioned the veterans. ity or the Warner resolution on a sim- WARNER put that in there thinking he I am happy to have answered the ple majority. I would try to get that could get the support of the Senator question from the Senator from Wash- done. Right now, Madam President, we from New Hampshire, but, obviously, ington. have the proposal I have made. he was wrong. Mr. MCCAIN. Madam President, if I do say that the debate is not wheth- Mr. DURBIN. Madam President, I the Senator will yield for a question. er we support the troops. That is a di- might also ask the Senator whether it Mr. REID. I yield. version. We support the troops. The appears to him now that the Repub- Mr. MCCAIN. I thank the Senate ma- issue before this body is whether the licans, at this point, don’t want to de- jority leader for yielding for a ques- American people deserve to see how bate either of the Republican amend- tion, and I appreciate his willingness to their Senator is going to vote; whether ments and want to change the subject; engage in a dialogue on this issue. their Senator approves the surge, the that they want to move to a Gregg res- In reference to the question of the escalation, the augmentation of 48,000 olution, which deals with, as the Sen- Senator from Washington to the major- troops, costing approximately $30 bil- ator has just said repeatedly, support ity leader, I do want our resolution de- lion extra. That is what the American for the troops, which is not an issue? bated. We are trying to move forward. people care about, not whether we sup- We all support the troops. It appears As I think the Senator from Nevada is port the troops. We all support the to me that we have made no progress aware, there was a proposal to have a troops. in the last 24 hours, and I would ask 60-vote, which is the way the Senate Mr. DURBIN. Madam President, will the Senator from Nevada if he has a does business, on three resolutions—on the Senator from Nevada yield for a different conclusion. the Warner, McCain, and Gregg resolu- question? Mr. REID. I say to my friend that the tions—and that was turned down. I Mr. REID. I will be happy to yield. only thing I sense this afternoon—and only agreed to the latest proposal be- Mr. DURBIN. Madam President, I I have to say it with a smile on my cause I think we need to move the want to understand what has happened face, and I hope everyone recognizes process forward. over on the other side, the Republican this—is that every piece of legislation I guess what I am asking the Senator side. Is it my understanding they have we have brought up, the Senator from from Nevada is, isn’t it really true that asked now to drop the McCain- New Hampshire has tried to throw a the way we do business here does re- Lieberman amendment? monkey wrench into it. It happened on quire 60 votes? It is just a reality of the Mr. REID. I have to be honest with ethics, it happened on the minimum way the Senate functions. When there my friend from Illinois, who also came wage, and now on this Iraq issue. was an attempt a year ago, 2 years ago, with us at the same time from the I guess my dear friend, who has a actually, with the so-called nuclear op- House to the Senate, that the answer stellar political record as Governor, tion, I was one who fought hard to pre- is, yes. The Lieberman amendment has Member of the House of Representa- serve the right of the majority to have been given up. tives, United States Senator, chairman 60 votes in the case of the appointment Mr. DURBIN. If I might continue of the Budget Committee—and I have of judges, and I think we reached a bi- through the Chair to ask the Senator commented for the record many times partisan agreement on that. from Nevada a question, on the issue about my admiration for him, but I So I still am a bit puzzled why we that I think is before America today— guess he is the designated ‘‘see if we could not have a vote on my resolution whether we should escalate the number can mess up the legislation’’ guy this that would require 60 votes in order for of troops into this war in Iraq—we had year. I would hope in the future to get it to be adopted, just as it would be for offered to the Republican side a choice somebody I don’t care so much about the Warner resolution and as it would between two Republican amendments: because it is hard for me to try to op- be for the Gregg resolution. I don’t Senator WARNER’s amendment, which pose my dear friend from New Hamp- quite understand why we couldn’t do said the President’s policy is wrong, shire. Maybe when they do this every that, as we have done hundreds of and Senator MCCAIN’s amendment, couple of months they will change.

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Madam President, that regard, and the people I have the Army of Iraq was a bad decision again, I appreciate the courtesy of the talked to in the military support what and still be loyal to America’s troops? majority leader. we are trying to do: redeployment; Is it possible to say the situation that Is it not true that when the Senator they support a regional conference; is grave and deteriorating in Iraq is says he supports the troops, that there they support, of course, recognizing evidence of a need for a new direction is disapproval of what they are doing that this must be handled politically. and still be loyal to the troops? and that the Senator does not think There has to be some meaningful re- I just don’t buy the premise by the their mission is going to succeed? And construction that goes forward—pro- Senator from Arizona that if you ques- is it not true that maybe some of the ducing less oil now than before the tion the policy of the President, some- troops may not view that as an expres- war, less potable water, and less elec- how you are disloyal to the soldiers. sion of support? tricity. These are the things which They are the ones following orders I talked to many men and women in have to be changed, and the people I from the Commander in Chief. We have the military in recent days, ranking talk to in the military think we are a special obligation to them—I think a from private to general. Isn’t it true headed in the right direction. loyalty to them—far and beyond any that most of them, if you had the op- They also think we are headed in the Chief Executive. portunity to talk to them, would say: right direction when we speak out on I would ask the Senator from Nevada When they do not support my mission, the state of deterioration of our mili- if he believes you can be loyal to the they do not support me? tary. This war has taken a toll on our troops and still disagree with the Therefore, isn’t it just a little bit of equipment—not on our troops alone, on President? Mr. REID. I think that is part of an intellectual problem to say: Of our equipment. It is going to cost $75 being a patriotic Member of this Con- course, we support the troops; of billion to bring the military up to the course, we support the troops; of gress. situation they were in prior to this The PRESIDING OFFICER. The Sen- course, we support the troops, but we war. They are grateful we are fighting ator from Virginia is recognized. are sending you over—and they are for them in that regard. Mr. WARNER. Madam President, I going because this is a nonbinding res- So, Madam President, I respect—and was, unfortunately, engaged in a brief- olution—aren’t we saying that we I don’t have the military background ing in S. 407 on the most recent NIE, think they are going to fail and this is of my friend from Arizona, but I have and I have just come down to join my a vote of no confidence? contacts in the military, and I think a colleagues on the Senate floor and I The so-called Warner amendment, by lot of those people are more willing to caught some portions of the debate. the way, is not a Republican amend- talk to me than someone who is run- But I would like to say to my col- ment, no matter whose name is on it. ning for President and someone who is leagues that the Senator from Vir- Is it not true that when I look one of more noteworthy than I am. He is bet- ginia, together with probably six or these soldiers or marines in the eye ter known in the military, and they eight other Republicans, has been dis- and say: I really support you, my know he can respond to them probably cussing this issue very carefully and friend, and I know you are going into better than I. So they are willing to thoughtfully and respectfully. harm’s way, but I don’t think you are tell me a lot of things they wouldn’t Frankly, we have taken to heart going to succeed, in fact, I am against tell someone as significant as JOHN what the President said when he ad- your mission, but I support you, that MCCAIN. dressed the Nation on January 10. His they do not buy it? They do not buy it, So, Madam President, I think the very words were: ‘‘If there are those I will say to my friend from Nevada, Democratic plan we have enunciated is with ideas, we will consider them.’’ We and don’t think that they do. pretty good, much of which we have accept that invitation by our President So I would ask my friend if it isn’t enunciated for a long time and has and have tried in a very respectful way true a vote of no confidence is a vote of been picked up by the Iraq Study to simply state that we have some seri- no confidence to the men and women Group. ous concern with the level of 21,500 ad- who are serving in the military. It Mr. DURBIN. Madam President, ditional troops. Now we learn it could doesn’t sell. would the Senator yield for a question? even be larger than that, in testimony, Mr. REID. Madam President, I also Mr. REID. Certainly. open testimony this morning with the have had the opportunity to go to Iraq Mr. DURBIN. I would like to ask the Secretary of Defense and the Chairman as many times as my friend from Ari- Senator from Nevada the following of the Joint Chiefs. It could be 3,000 or zona, and I also speak to the troops and question: If I follow the inquiry of the 4,000 more. We tried in a very respect- the people at the Pentagon. I have to Senator from Arizona, it leads me to ful way simply to express our concerns respectfully suggest to my friend that this conclusion—and let me add my about an increase of that level at a there are many individuals whom I voice in chorus commending his service time when polls show most of the Iraqi have spoken to who really like what we to our country and commending his people don’t want us there, much less have suggested—we, the Democrats— courage. I share the admiration, and I increase the force. Now, I am not fol- that there be a redeployment of troops. mean it sincerely, I say to the Senator lowing the polls, but we are asking our Does that mean they all pull out of from Arizona. But his argument goes troops to go into a very heated, emo- Iraq and leave immediately? Of course, something like this: If you are not tional situation in that country. We it doesn’t. But redeploy the troops. Re- loyal to the policies of the Commander simply said to the President: Shouldn’t deploy the troops. Redeploy them to do in Chief, then you are not loyal to the we put more emphasis on the utiliza- what? Counterterrorism, force protec- troops. If you are not prepared to say tion of the Iraqi forces? Shouldn’t we tion, and training the Iraqis. And my you will stand behind the policy, the let them bear the brunt of such addi- contacts in the military say they think military policy of the President, tional security as must go into Bagh- our proposal is pretty good. We were on whether you agree with it or not, then dad? this proposal before the Iraq Study you do not respect the troops and don’t We learned this morning that the ef- Group, but they adopted it, and I hope have confidence in the troops. Nothing forts to build up the forces have fallen they got it from us, and that is that is further from the truth. short. I am not going to pronounce there should be a regional conference, I ask the Senator from Nevada, does judgment on what happened on just 2 including Saudi Arabia, Egypt, Jordan, he think it is possible to disagree with or 3 days’ reporting, but clearly the Syria, and, yes, Iran. This is a regional the President’s policies and still be number of Iraqis showing up is far problem. This war will not be handled loyal to the troops? Is it possible to say below the estimates or significantly and dealt with and taken care of mili- the President was wrong in not bring- below the estimates we anticipated tarily. It can only be done diplomati- ing more countries in as allies in this their participation would be in this op- cally. conflict before we invaded and still be eration which, in many respects, is to

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American lives, Amer- to the sergeants operating the platoons American public is entitled to see ican security, and America’s future are on the front lines. But nevertheless the whether the Senate, an institution all on the line when our country de- Iraqis are going to have their chain of that is followed throughout the world, cides questions of war and peace. For command, and I think that puts a chal- can come together and express in a sin- years, we have been denied a real op- lenge to us. gle document—accompanied by lots of portunity to fully debate this war in But I don’t want to digress from my debate but in a single document—a Iraq, a war that has now claimed more main point. Our group, in a conscien- joinder of a number of Republicans and than 3,000 American lives with no end tious and a respectful way, even wrote a number of Democrats, so it is truly in sight. into the resolution that we in no way bipartisan, and therefore the American Last November, the voters sent us a contest the right of the President of public will get, I think, the sense of message. They want a new direction. the United States under the Constitu- confidence that this body is carrying What do we hear from the President? tion to take the actions he has taken out its responsibility under the Con- More of the same. In fact, his plan is to thus far and will take. But as long as I stitution to speak to this issue and to escalate the war by putting up to 48,000 have been in this Chamber—now in my put onto a piece of paper what we more Americans in the middle of a 29th year—I have always tried to re- think is the nearest a group of us can deadly civil war. They are two com- spect another Senator’s way of think- gather and express ourselves. And that pletely different approaches. On one ing. I don’t question his integrity or includes a vote. side, we have the American people, the her integrity or their patriotism or I am not going to enter into further Iraq Study Group, generals who have anything else. I do not do that now. I debate with the two leaders. I think spoken out, and a bipartisan majority wish to make my points based on what they are trying to work out and resolve of Congress. On the other side, we have I have put forth in this resolution with this problem. I support my leader with the President and his supporters. In a about six other Republican colleagues respect to the cloture, and that raises democracy, we resolve these issues and a number of Democrats. a question: How can I advocate that I through debate. We in the Senate are We simply want to suggest—and we strongly adhere to my resolution and ready for that debate. We are ready to use the word ‘‘urge’’—we urge you, Mr. at the same time support my leader? move in a new direction, and it starts President, not ‘‘direct you’’ or ‘‘you Well, when I first came to this Cham- by putting this Senate on record as op- shall do this,’’ we simply urge that you ber many years ago, the old-time Sen- posing the President’s plan to escalate take into consideration all the options ators who taught me so many lessons the war in Iraq. by which you can bring down this level said: This is what separates the Senate I have been looking forward to fi- and consider greater utilization of the from the House—the ability to have nally having this debate in the Senate, Iraqi forces. this almost unlimited debate by a sin- but apparently some of the Repub- Then we have the subsidiary question gle Senator. And it is, throughout the licans have a very different strategy. that this program is in three parts— history of this institution, one of its They don’t want to have a real debate. one part military. So much of our focus revered tenets and its rules. To take They don’t want to consider the resolu- has been on that. There is a diplomatic that and deny it, deny Senators the tions that have been offered. In fact, I part. There is an economic part. In our ability to bring up their own resolu- think the discussion we just witnessed testimony today with the Secretary of tions to express their own views, is a right now showed that to us. Defense and the Chairman, we stressed curtailment that I believe we should Last night, by voting against a mo- the need for all three of those parts to consider long and hard. That is why I tion to proceed to this debate, they come together at one time to have the cast that vote yesterday. said they didn’t want to talk about So I leave it to the two leaders, but effect that the President desires with this. Now, I am not here today to ques- I come back again to the need for this his new plan. Somehow, we gained the tion their motives, but I do want to great institution to express itself impression today that maybe the polit- point out the consequences. Every day through the votes of hopefully a sig- they block a debate, they send a mes- ical part and perhaps the economic nificant number of Senators, that this sage that Congress supports escalation. part are not quite as far along as some is what we believe is the best course of Every day they block a debate, they of the military thinking and planning. action for our Nation to take as we re- deny our citizens a voice in a war that Actually, the troops are moving in as vise our strategy in Iraq, as we move we debate this on the Senate floor. ahead. And in our resolution, we put in has cost us dearly in dollars and in So there were several questions we there ever so expressly that we agree lives. And every day they block a de- respectfully raised with the President, with the President; it would be disas- bate, they are blocking the will of the urging him to take a look at this, by trous were we to allow this Govern- American public. I am on the Senate floor today be- means of which to lessen—lessen the ment to collapse not knowing what cause I know this debate is long over- total number of 21,500 and, indeed, government might or might not take more now—troops. their place, and to allow the Iraqi peo- due, and I am not going to let anyone We also point out the importance of ple to lose the ground they gained silence me, the troops for whom I the benchmarks. That is all in there. through courageous votes several times speak, or the constituents I represent. We carefully lay out that the bench- to put this Government together. It Ever since the start of combat oper- marks should be clearly and fully un- would be bad for Iraq, it would be bad ations in March of 2003, I have been derstood by both sides and a method for the region, and it could have rami- very frustrated that we have been de- put in place by which we can assess the fications on world peace and our efforts nied a chance to hold hearings, a compliance or noncompliance for those to stem this terrible growth of ter- chance to ask critical questions, a benchmarks. The Secretary of Defense rorism worldwide. chance to demand answers, to hold today, in his testimony to us, in re- I yield the floor. those in charge accountable, and to sponse to questions from this Senator Mrs. MURRAY. Madam President, I give the American people a voice in a and others, said: Yes, we will put in a ask unanimous consent that the time war that is costing us terribly. We are mechanism by which to evaluate the used by the two leaders in the ex- going to have that debate whether degree to which the Iraqi compliance is change on the floor not be counted some in this Senate like it or not. taken with respect to benchmarks, the against the 90 minutes on each side. Four years ago, I came to the Senate benchmarks that basically have to sup- The PRESIDING OFFICER. Without to discuss the original resolution to port the President’s plan. In addition, objection, it is so ordered. give the President the authority to we put in the resolution of the Senator Mrs. MURRAY. I ask unanimous con- wage war in Iraq. At that time, I asked from New Hampshire. I think it is im- sent to proceed for 15 minutes. a series of questions, including: What is

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But the Senate Repub- people about the costs of that war? ple with the Washington State connec- licans would not allow that. The Re- After exploring those questions back tion who are serving in OEF and OIF. publicans’ obstruction and the Presi- almost 4 years ago, I announced on Oc- According to the Department of De- dent’s decision so far have left us with tober 9 of 2002 that I could not support fense, as of January 20, for OEF and very few options. sending our men and women into OIF, 702 servicemembers whose home of I am looking at every resolution and harm’s way on an ill-defined solo mis- record is Washington State have been every proposal. I am looking forward to sion with so many critical questions injured. That is 702 injured from my having hearings and getting the facts unanswered. State. In addition, 66 servicemembers and moving forward in a bipartisan Now, here we are today, 4 years later, whose home of record is my home way. $379 billion and more than 3,000 Amer- State of Washington have paid the ulti- Personally, I believe the way forward ican lives taken. Now the President mate sacrifice. The number is even should include three steps. First of all, wants to send more Americans into the higher when you include those who we should strategically redeploy our middle of a civil war against the wishes have a connection to Washington troops. Second, we should work with of the majority of the public and Con- State. Iraq’s neighbors and other countries in gress? Each one of those brave Americans is the area to build a regional framework. As I look at the President’s proposed someone whose mother or father, sister And third, we need the Iraqis to take escalation, I am left with the exact or brother, daughter or son, their fami- ownership of their own country and same conclusion I met with 4 years lies are never going to be the same. their own future. We can send troops ago. I cannot support sending more of Their communities will never be the for decades and never have a peaceful, our men and women into harm’s way same. I offer my prayers for those who stable Iraq until the Iraqi people are on an ill-defined solo mission with so have sacrificed for our country. We owe willing to work together for a purpose many critical questions unanswered. them a debt that can never fully be re- that is larger than their own tribe or Today, President Bush wants to send paid. their own sect or their own self. Americans into battle without a clear After nearly 4 years of losses and We need to refocus our efforts on the mission, without equipment, without misrepresentations and miscalcula- war on terror, on fighting al-Qaida, and an endgame and without explaining the tions, the American people have said on addressing the other challenges that cost. they want a new direction in Iraq. Gen- threaten our security. I am very con- When he tried it 4 years ago, I stood erals have spoken out calling for a new cerned by the reports we hear about Af- up and spoke out and I voted no. Again direction. The bipartisan Iraq Study ghanistan, that it is sliding backward today, President Bush wants to send Group called for a new direction. Yet and becoming more unstable. Those are more Americans into battle without a some of the steps I would take to im- clear mission, without equipment, President Bush has ignored everyone prove our security. That is the debate without an endgame and without ex- and is now pushing to send even more we ought to be having. plaining the costs. Once again, I say: of our American troops into the middle of a civil war. He is wrong. And a bipar- Before I conclude, let me address two Not on my watch. We need a new direc- concerns. First, some people have sug- tion, not more Americans in the middle tisan resolution is the first step we can gested that if you question the Presi- of a civil war. I will vote for a bipar- take in helping to forge a new direc- dent’s policies, you are somehow hurt- tisan resolution to send a clear mes- tion. ing our troops. As the Vice President sage that we oppose the surge. It is the But now what we have is Republicans would say, hogwash. Supporting our first step in demanding a new direction who are denying the Senate a chance troops means giving them a clear mis- in Iraq. to vote for that new direction. In fact, No debate on Iraq can begin without they are preventing the Senate from sion, making sure they have the equip- first recognizing our men and women even debating the merits of that direc- ment and support they need and mak- in uniform who risk their lives and all tion. They may have stopped us from ing sure we have a clear endgame. If too often give up their lives to keep all moving forward last night, but they any of those critical ingredients are of us safe. Whenever our country calls, cannot stop this debate forever. The missing, it is our duty to question the they answer, no matter the cost to American people would not allow it. policy until we provide our troops with them or their families. They are our If the Republicans stop their obstruc- what they need. Sending more Ameri- best. They are our brightest, they are tion and start allowing the Senate to cans into the middle of a civil war our bravest, and I hope to give them a debate this misguided surge proposal, without a clear mission, without equip- voice in this debate. there are plenty of questions we have ment, without support, without an While most Americans today are to ask. What would be the impact of a endgame, is endangering our troops, going about as normal, our troops and surge? How would it affect our men and not supporting them. their families are quietly making tre- women in uniform? Will it put more of I don’t shrink from war. I voted for mendous sacrifices. The burdens of this them into the crossfire and cause more the war in Afghanistan. My father war have not been shared equally, and deaths and injuries? My home State is served in World War II and he was in- we owe so much to those who shoulder home to Fort Lewis and two of the jured in combat. I know war is some- those heavy burdens. Army Stryker Brigades. How is the times necessary. But I also know that I had a chance to visit servicemem- surge going to affect them? Will some if we don’t answer the critical ques- bers from my home State on the members see their current deployment tions, our troops pay the price. For too ground in Kuwait and in Baghdad. extended? Will others see their deploy- long, partisans have claimed to be Every one of them makes us proud. I ment date moved up? Will all of them speaking for our troops but have have sat down with servicemembers have the equipment they need when blocked the discussions that could and their families at Camp Murray, at they are there? Those are the first truly protect them. I say, no more. McChord Air Force Base, at Fairchild questions we have to ask. Finally, some people say that a non- Air Force Base. I have talked with re- How will the surge affect our ability binding resolution is not enough. And I turning servicemembers in every cor- to care for our returning veterans? We agree. That is why this is a first step. ner of my State. I have worked to help are having trouble meeting their needs We can’t take the other steps until this give them the health care and the ben- today; how will we do the job in an es- Congress goes on record, in a bipar- efits and the transition and support calated war? tisan voice, telling the President the they deserve. I have heard several Members on the surge is wrong. Once we have done My home State of Washington has other side demand ideas from Demo- that, the ball is in the President’s made tremendous sacrifices to help us crats, and my first response is simple: court. But today, Senate Republicans

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Now, normally, we have sense- can take. This is the first step. If the ground in Iraq, particularly to place of-the-Senate resolutions when there is President doesn’t hear us, we will take them in the large, highly densely popu- a consensus that develops. Normally, the next step. And the next step. And lated urban areas of Iraq, is one of the sense-of-the-Senate resolutions are of- the one after that. most serious issues facing our country. fered around matters that are non- I understand that many Americans We have had a series of serious and controversial and we wish to express are frustrated that our troops are in thought-provoking hearings conducted ourselves regarding these matters, so the middle of a civil war. I am frus- by Chairman BIDEN of the Senate For- we all sign on or virtually everyone trated. too. I wish we had been allowed eign Relations Committee over the last signs on. to start this process, these hearings, number of weeks on this issue, with I would say if, in fact, the goal here these debates and votes a long time people who represent a variety of ideo- was to get 70 or 80 Members of this ago. But we are moving aggressively logical perspectives. Yet without fear Chamber—Republicans and Demo- forward now. Democrats have been in of contradiction, I believe the over- crats—to sign on to a proposition that charge now for 5 weeks. And already, whelming majority of the witnesses said we think the surge and escalation finally, we are having more debates, who have appeared before that com- is the wrong thing to be doing, then the more hearings, more progress, than we mittee have expressed serious reserva- vehicle of a sense-of-the-Senate resolution would have value. But I would sug- have had in the past 3 years. But I can tions about this escalation, this surge, gest here we are into the second day of promise you, this is only a beginning. placing some 21,000 of our young men this debate and we cannot even decide We can’t have these debates if the and women into Baghdad to try and act what sense-of-the-Senate resolution we Republicans are blocking us in an open as a referee in what we all admit today want to debate. discussion of the war. The Republicans is clearly a civil war. So if you are sitting out there watch- Having this debate is important. I need to stop denying a real debate in ing this Chamber at this moment, in wish to take, if I can, the few minutes the Senate, so that together we can terms of where we ought to be going allotted to me to express my concerns move our country in a new direction. I and what the effect of what we are about the process, my concerns about believe for us to have an impact, Con- about to do is, it is rather confusing, to the surge, and my concerns about the gress has to speak out in a clear, bipar- put it mildly, as to where we stand in overall direction of the policy in Iraq. tisan voice. We could vote on hundreds all of this. We cannot even decide what There is not a lot of time to do that, of resolutions that make us feel better, sense-of-the-Senate resolutions to but that would not help us change di- but let me share some thoughts. bring up. If we are going to have a de- First of all, I believe that every rection. It is a strong, bipartisan mes- bate around here that is meaningful, Member in this Chamber, regardless of sage from Congress to the executive why not debate something that is his or her view on the issue before the branch and to the country that has the meaningful? power to make progress. Senate regarding Iraq, would do every- So my concerns are, in many ways, I am willing to take the time and do thing he or she could to make sure that that given this moment in time, before this right and to build the support we our brave men and women in uniform, these young men and women are placed need so that at the end of the day we serving in harm’s way, would receive in harm’s way—because I know full can have a real impact. I strongly op- everything they could possibly need to well, after a quarter of a century here, pose the surge. I believe escalation is defend themselves. That ought not to once they are on the ground, once they the wrong direction. I will vote to put be a debating point. I know of no one in are in place, the debate changes. The the Senate on record opposing the this Senate who feels otherwise. And debate changes. So if we are truly con- surge if the Republicans will end their the fact that we have to have some dis- cerned about dealing with the surge filibuster. I will continue to fight for cussion about this very point is a re- and escalation, then I believe we ought new direction in Iraq. flection, I think, of what has gone to be engaging in a debate that has For too long, the voices of our troops wrong in this debate already. some meaningful outcomes when it and our citizens have been blocked. In fact, I point out that over the last comes to the decision of whether we go Today, Senate Republicans are trying 4 years or so, there have been amend- forward. to continue that obstruction. I say, no ments offered by those of us here to I, for one, would like to see a new au- longer. The debate must begin because provide different additional resources, thorization come to this body to be de- our country will be better for it. such as for body armor, because we felt bated. The resolution on which we are I yield the floor. our troops were not getting what they operating today is one that was crafted The PRESIDING OFFICER. The Sen- needed. There has been significant dis- 5 years ago. It was fundamentally ator from Connecticut. cussion here in the wake of testimony linked to weapons of mass destruction Mr. DODD. Madam President, how offered by our senior military leaders and the conduct of Saddam Hussein. much time remains? about what has happened to the com- The first argument was, of course, a The PRESIDING OFFICER. The Sen- bat readiness of our troops as a result fiction. There were no weapons of mass ator has 15 minutes. of our failure to continue to provide destruction. And the second argument f the kind of equipment and support is no longer viable. Saddam Hussein is they deserved over the years. Certainly gone. IRAQ what has happened to veterans coming Today, we are being asked to place Mr. DODD. Madam President, let me back has also been the subject of de- men and women in uniform in the mid- commend my colleague from the State bate. But, nonetheless, I believe most dle of a civil war. It seems to me that of Washington for her comments and Members here, if not all Members here, if the President of the United States her views. I associate myself with believe our troops deserve the kind of wants that to be a policy endorsed by many of the things she expressed in the support they ought to have when they the American people through the ac- Senate. I congratulate her for her are serving in harm’s way. tions of this body, then we ought to be words, her passion, and her strong feel- And so, the debate is not whether you voting on a matter that says this is ings about where we stand today on support our troops. The debate is something we agree with and go for- this issue. whether the policy direction the Presi- ward. That would have some meaning Let me also commend the Demo- dent wishes to lead us in is the right to it, it seems to me. If we rejected it, cratic leader for his efforts to engage one. That is a debate which ought to then the President would have a strong in what is probably the single most im- occur in this Chamber. Frankly, in my answer from the Congress about wheth- portant debate this Senate could pos- view, it ought to be a debate that reer we are about to continue to finance

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For example, cles we are choosing to debate over the have serious disagreements, then I there have been suggestions about re- next several days, if, in fact, the debate think we get even further away from deployment, with our service men and goes on, are ones that in the final anal- the suggestions made by the Baker- women filling other roles like training ysis are nothing more than really mes- Hamilton study group on Iraq that pro- the Iraqi military, which was suggested sage proposals. If we are highly divided posed what I thought were very com- by Baker-Hamilton. I think we should over which one to bring up, what is the monsense, sober, and sound rec- do this. We could engage in counterter- message, in effect, if we cannot even ommendations that would allow us to rorism activities. Border security; we decide which vehicles we want to have a greater likelihood of achieving could play a very meaningful role in choose to discuss? the success we ought to be pursuing. I that as well. So there are those of us Regarding the surge itself and re- see little likelihood of that occurring here who believe we ought to be rede- garding the Warner-Levin or Levin- if, in fact, we are talking about a fur- ploying, bring down those numbers, but Warner proposal, I have some problems ther military escalation of the conflict none of us whom I know of have sug- with the language of that proposal. It here. Every single person who has gested we ought to be just packing our essentially abdicates the power of the looked at the situation in Iraq has bags over the next 6 months and leav- purse. It calls for selective diplomacy drawn the following conclusion: There ing Iraq. We are talking about other in the region instead of engaging all of is no military solution—no military so- roles we can perform, as the 300,000 Iraq’s neighbors. The language oppos- lution—in Iraq. So continuing to pur- Iraqi soldiers and police take over the ing the surge is weak to the point of sue that option, continuing to pursue responsibility of their country. being nonexistent. And there is lan- that particular goal in the face of all Madam President, I am telling you as guage that suggests that nothing in the evidence to the contrary, I believe I stand before you today, if we con- this resolution ought to imply a call is a major, major mistake for this tinue to provide the kind of level of for redeployment—something I whole- country. support militarily we are engaging in, heartedly believe we should be pur- I think this body—the Senate—ought there is less and less likelihood that suing in a phased manner. to be on record expressing its opinion the Iraqis are going to assume the re- But those are my concerns about it, about it and that we ought to go for- sponsibility, both politically and mili- both in terms of the process and the ward in a meaningful, real, accountable tarily, to take over leadership of their language under consideration. I realize way. Unfortunately, that is not likely country. other Members do not have those prob- to happen. In fact, we may end this de- For those reasons, I urge that we find lems. I respect that. But those are my bate without voting on anything at all a means and a vehicle, sooner rather concerns. regarding Iraq, as we need to move on than later, for this body—the Senate, Now, regarding the surge itself, again to other items that the leadership this coequal branch of Government—to this has been stated by others who clearly must address in the coming say to the administration and to oth- have examined this proposal in great weeks. So we are missing an oppor- ers: We believe in a different direction. detail, including our senior military tunity, other than to express our views, We would like a new authorization. We people and senior diplomats. As I said a which most people have done. I know of would like debate on a meaningful pro- moment ago, in testimony before the no Member in this Chamber who has posal that would allow us to be ac- Senate Foreign Relations Committee, not spoken out publicly about whether counted for, yes or no, as to whether they have spoken eloquently about they think the surge is the right direc- you want to move forward. their concerns that this proposal does tion to go in, what alternatives they Again, with all due respect to those nothing but contribute to the chaos would offer in terms of how we might who crafted this, I have no greater ad- that reins in Iraq. begin to talk about redeployment, and miration for any two Members than I There are some 6 million people who the need for the Iraqis to assume re- do for CARL LEVIN and JOHN WARNER, live in the city of Baghdad. To suggest sponsibility for their own country. people I have served with here for we are going to send 17,000 or 18,000 The American people have also pub- many years. I respect immensely the service men and women into a city of 6 licly spoken out. They voted for a effort they have engaged in here to try million, where there are at least 23 mi- change of course in Iraq last November to build a proposal that would attract litias along with insurgents, Baathists, and according to recent polls, a major- a substantial majority of our col- hardened criminals, and possibly some ity of Americans oppose a surge. Now I leagues to support. If you could do al-Qaida elements, and that we are do not believe polling data ought to be that, then sense-of-the-Senate resolu- going to sort this out in a way that is the way you conduct foreign policy, tions have value. But I rest my case on going to move us toward a political but the fact is that the American pub- what is occurring at the very moment settlement in the country is I believe, lic is exhausted and fed up, to put it I stand before you this afternoon. We frankly, beyond dreaming. I do not mildly, with our Iraq policy. And let’s are divided here. We have some four or think it has any viability whatsoever. consider the following data out of Iraq: five different resolutions. All of them In fact, I think it contributes to a fur- Over 80 percent of the people in that are sense-of-the-Senate resolutions. ther escalation of the conflict in the country believe that our continued None of them have any meaning in law country and delays even further what presence in that country contributes to at all. And we cannot seem to come everyone agrees must occur: some sort the chaos they are facing, and over 60 around a single debate. We ought to be of political accommodation between percent of Iraqis believe it is appro- having one about whether we believe Shias and Sunnis and Kurds—between priate to attack American service men our resources and our young men’s and Shias and Shias, for that matter. The and women. Over 60 percent of the peo- women’s lives ought to be placed in idea that placing our troops as a ref- ple in Iraq believe that. harm’s way. That is the debate which eree in the middle of this civil conflict How do you justify supporting an es- ought to be occurring here. It is not oc- is going to get us closer to that result, calation, a surge in our military pres- curring yet. I think that is unfortu- I think, has been successfully argued ence, when the very people whom we nate. It is tragic. My hope is we will against by those whom we respect and are told we are trying to help in this find a means to address that in short admire in these debates. case believe that, one, we contribute to order. Secondly, may I say that, in fact, if the chaos, and only a slightly smaller I yield the floor. you are trying to encourage those ele- number believe it is appropriate to at- The PRESIDING OFFICER (Mr. ments to get together and you are also tack our service men and women? For SALAZAR). The Senator from Massachu- trying to encourage regional diplo- the life of me, I do not understand how setts.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.062 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1609 Mr. KERRY. Mr. President, I ask troops, but he has been able to draw a phone call to a mother or father or wife unanimous consent that I be permitted distinction between criticizing the pol- in your State and express your sorrow to proceed for such time as I consume. icy and support for the troops. I will for their loss in the next days ahead, The PRESIDING OFFICER. The Sen- tell you, the best way you support the will you also be able to say, with a ator was allotted 15 minutes. Does the troops, you support the troops by get- clear conscience, that you did your Senator seek UC for more time? ting the policy right. best to try to prevent that loss, to set Mr. KERRY. Well, I ask that, yes. Right now, all over the Hill here in this war on its proper course? I don’t The PRESIDING OFFICER. Without Washington, there are veterans of the think so. I don’t think anybody, with a objection, it is so ordered. Iraq war who are going around and clear conscience, can say that. Mr. KERRY. I probably will not use talking to Congressmen and Senators I hate the fact that we are reduced to more time, but at least I am protected. and the public, advocating that this having a vote on something that isn’t I thank the Chair. mission in Iraq ought to change, that at this moment going to change the di- Mr. President, I listened carefully to we ought to begin a process of termi- rection. But every step is incremental; the comments of my colleague, the nating our involvement there. They every step is a building block. Every Senator from Connecticut. I appreciate have a very different view of their own step helps to build the change of opin- the frustration he expressed about service than that which is expressed by ion we need to achieve in this country, what has gone on in the last hours here some on the other side of the aisle. The where people will understand the way and the difficulty of presenting to the fact is, there is a growing sentiment you best define patriotism and the way country a Senate that appears unable among many of those being asked to do you best defend the interests of our to make up its mind about what resolu- this very difficult job that the missions troops on the ground in Iraq. Surely, tion we ought to vote on. they are being sent on don’t, in fact, we haven’t reached a point in the Sen- The fact is, the last 24 hours in the always make sense. ate where you can’t even have a debate Senate have not been a profile in cour- I remember—and I know the Senator on the most important life-and-death age; they have been a profile in poli- from Arizona remembers—what it is issue facing people in this country. tics. Rather than protect the troops, like to be a troop in a war. I remember What are we supposed to do? Pack up our colleagues on the other side of the being on a river in Vietnam when the and go home and let the President con- aisle have decided to try to do what Secretary of Defense was flying over us tinue to make a mistake? Are we sup- they can to protect the President. I on one of his visits to take a look at posed to be somehow satisfied that the think they have made an enormous what was going on. Every single one of President has earned the right and the mistake. us said to each other: Boy, wouldn’t it new Secretary of Defense? Who knows The fact is, if we voted on the Warner be great if he came down here and yet; the decision is out. But the record resolution, those who support the mis- talked to us and found out what we of the last 5 years, 6 years is one of sion, the escalation—but the mission, really think is going on. We would have mistake after mistake after mistake as the Senator from Arizona said—have loved the policy to change. The fact is after mistake after mistake, one after a chance to vote no, and those who be- that more and more of the veterans I the other, from the planning to the lieve the escalation is a mistake have have talked to who are returning from numbers of troops, to what you do an opportunity to vote yes. It just does Iraq and some, regrettably, as Senator afterwards, to how you preserve the not get any clearer than that. DODD and I noticed a few days ago, peace, to what kind of politics we are No matter what happens with all this whom we met over there who have not going to pursue. argument about the process of one res- returned alive, are against what is hap- So we are doing what we can, within olution versus another resolution, the pening and believe there is a better our limited power, with 60-vote restric- bottom line is that people who on Sun- way to manage this war. tions, to register our disapproval to day shows and in hearings stand up and What we are trying to do is have a sending an additional number of say they oppose the escalation were, vote, albeit on a nonbinding resolution, troops, which has been told to the yesterday, unwilling to allow the Sen- a vote that expresses the view of the American people is 21,000 but which, in ate to vote on that. They were unwill- Senate with respect to this war. We fact, is over 40,000 when you finish with ing to have a vote of conscience on the have a moral obligation to make that the support troops who are necessary. question of the direction of this war. statement in the Senate. It is our duty These troops deserve a policy that is So rather than protect the troops, to have that vote. The soldiers in Iraq worthy of their sacrifice. No Senator those troops who are about to be sent are performing their duty. Why aren’t that I know of is not committed to suc- into a mission that, in fact, does not the Senators in the Senate performing cess. We would like to be successful. resolve the issue of Iraq—and perhaps theirs? Is it their duty to obstruct? Is But what is the definition of success even makes it far more dangerous, cer- it their duty to protect the President, now? tainly more dangerous for those troops to prevent a vote? Even though they go We have heard month after month being asked to perform it—are not pro- out publicly and talk about their oppo- from Ambassador Khalilizad. General tected by the Senate, making its best sition to the war, their opposition to Casey, over 7 months ago, said this is effort here to try to make a vote that the escalation, their belief that the di- the last 6 months for Iraq. They have a disagrees with the President. rection is wrong, we are not supposed fundamental 6-month period within The Senator from Arizona was down to vote in the Senate on the question which they have to get their act to- here a few minutes ago asking the of whether you support the troops or gether, and if they don’t, serious prob- question of the majority leader: If you don’t support the troops by sending an lems. do not support the troops’ mission, additional 21,000 troops over there. Now That time came and passed. What then aren’t you, by definition—if you is the time for the Senate to register happened? We hear another promise of vote as we would like to vote here—not its opposition to the escalation. the next few months. We have had supporting the troops? That is just an If you pursue the logic of the other months and even years now of these extraordinary leap of logic which has side of the aisle when they say: Well, promises about how this is a moment no basis whatsoever in real reasoning. we can’t have a vote here, we shouldn’t of turning the corner. This is the crit- The Senator from Arizona himself express anything, we shouldn’t try to ical moment for Iraq. This is the mo- has criticized the policies of this ad- change anything, then we are complicit ment of the difference. Everybody has ministration time and again—in fact, in the very process with which we dis- known for the whole last year or more not enough. But time and again, he has agree. If lives are lost subsequent to that you have to resolve the oil reve- said Mr. Rumsfeld was wrong or he did our unwillingness to stand up and vote, nues issue. As I stand on the floor to- not have confidence in him or this and do we bear any responsibility for the night, the oil revenues issue is not re- that. Was that a criticism of the loss of those lives? Do you go home and solved. They say they are making troops? Was that not supporting the say to yourself at night, to your wife or progress, they are getting closer, but it troops? I am absolutely confident the your children: Do you know I did ev- isn’t resolved. answer is no. I know, and we all know, erything possible to try to stop what is The fundamental question of fed- the Senator from Arizona supports the happening? When you make the next eralism, the role between the Shia and

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.064 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1610 CONGRESSIONAL RECORD — SENATE February 6, 2007 the Sunni and a strong Baghdad and a and being asked to sacrifice each day troops are not going to change that. An strong central government is unre- without a reasonable policy that is escalation is not going to change that. solved. That is a fundamental part of guiding this war. More troops on the ground raises the the struggle. Our troops, with their What are we left to do? Are we left to stakes. More troops on the ground pro- technology, with their great weapons, say that our colleagues can stop a vides more targets. More troops on the with their unbelievable willingness to vote? We are going to walk away, and ground raises the stakes in a way that sacrifice and their courage, they can’t we are not going to try to do what we says, because we heard it from the ad- resolve that issue. Iraqi politicians can to change this or to stop it? I don’t ministration: Boy, this is kind of our have to resolve that issue. Right now, think so. That is not the Senate that I last-ditch stand. And if we don’t make as we are debating or not debating this came to serve in or I think most of our this work, we don’t know what is going issue, Iraqi politicians are still jock- colleagues came to serve in. This is a to happen. What a wonderful message eying for power at the expense of our silly sort of process that is going back to send to the other side. young men and women. I object to and forth. We are being accused of sending bad that. I get angry that we have to have If you are opposed to the escalation, messages. If you raise the stakes like a private fundraising effort to put to- you ought to have a right to vote on it. that but create a mission and actually gether a rehab for our soldiers—thank If you are for it, you will have the can’t necessarily achieve it, you are God for the people who did it—in order right to vote for it. Go register your preordaining the potential of even to take care of those who are going to vote and then go out to the country. worse consequences because you will be wounded. And our people are talking The troops over there are tougher than make the negotiation even harder. You about patriotism and supporting the anybody in this room. They understand will make it harder for the surrounding troops? We have lost all contact with what their mission is. And what we do, countries to say: This is sensible, we what is reasonable or what is real in ultimately, barring the effort to either ought to get involved now. And you this effort. cut off the funds or force the President will make it harder for the people there It is unacceptable that any young to do something with 60 votes that we to make the compromises necessary American ought to be giving their life don’t yet have, is not going to change because they know that down the road or going through the sacrifice for Iraqi their dedication or their courage or is this confrontation with reality with politicians who refuse to compromise, their commitment to the specific mis- an administration that has already for a legislature that refuses to even sion. Because that is the kind of troops said: We don’t have a plan beyond this. meet. Less than 50 percent of them can we have. What a predicament. That just defies be convened, a Parliament that doesn’t But while we are talking about the common sense. So we have made mat- meet, that is the democracy we are kind of troops we have, let me ask a ters worse. We will raise the stakes, supposedly fighting for—Shia and question: Our troops, most of them, go but we don’t have a way to deal with it. Sunni politicians who are jockeying through basic training. They go A wing and a prayer. This is a ‘‘Hail amongst each other, creating their own through a specialized school. They Mary’’ pass by this administration, militias, each of them playing for a fu- train with their brigade unit company with no guarantee. I think our troops ture with a U.S. security blanket lying for a while. Then they are sent over. deserve some guarantees of an out- over it, preventing the full explosion of Most of our troops are ready to go to come. the kind of sectarian violence that battle, and some of them do, new re- The best guarantee I can think of is would flow, if all were left to their own cruits, within 7 months, 9 months. We to redeploy them in a way that puts devices. That is the one thing our pres- are now at the 3-year mark, 4-year more emphasis on what the Iraqis need ence is doing. There is a stopgap. It mark on training of 300,000 troops in to do. It doesn’t mean leaving Iraq does prevent absolute chaos, but it is Iraq. What I hear from the experts is completely. There are plenty of over- creating a slow, cancerous, insidious the problem with them is not training. the-horizon strategies, such as in the kind of chaos that is building on itself. The problem is motivation. How much desert deployments, a capacity to be A couple of days ago, the largest training do you think the terrorists there for emergency assistance, to number of civilians were killed by a get? How much training do you think tamp down chaos and go after al-Qaida, bomb, by one single suicide bomb. It the guys get who have those machine- an ability to remain in a truly sup- gets worse by the day because the fun- guns and go out? Where is their train- portive training role without having damental issues of difference between ing camp? Where are their barracks? our troops on the front line of a civil people who have always lived there and Where is their 9-week basic training or war. But those are not the ones they will live there after we are gone are not 12 weeks? Most of those people are out are putting on the table, and that is resolved. there in a matter of days and hours be- not what we hear them talk about. If you stand back from this and look cause they are motivated. We hear these two dramatic things: at it and ask, as any reasonable Amer- Right now in the streets of the West We have to go down this road where we ican would ask: What do you do to re- Bank and the streets of Lebanon and in have telegraphed our move and raise solve this, what do you do to make a the streets of Iraq, the guys we are the stakes, and saying they are talking difference in Iraq, I don’t think any struggling against are getting up ear- about complete withdrawal. No, they American is going to come to the con- lier, staying up later, and they have are not. Most are talking about how to clusion that a soldier with a gun is more motivation. And the guys we are achieve success in a responsible way going to make that difference. General supporting and putting forth money which honors the sacrifice of our Casey has told us he doesn’t believe it and guns and all the technology and all troops and meets the important na- will make the difference. General the training in the world are not moti- tional security needs of the United Abizaid said he didn’t think it would vated. Many of them don’t show up. So States of America. make a difference. The President has unless we deal with this issue of moti- The only way I know of to do that is even said there is no military solution. vation, of people who are willing to die to get to the diplomatic table; bring So if there is indeed no military solu- for their country and people who are our neighbors into a new dynamic tion, my question to this administra- willing to go out and put their lives on where they begin to have credibility; tion is: Where is the robust diplomacy the line and a group of politicians who get Syria and others through the Arab and the robust political jawboning, are willing to make the decisions nec- League, the U.N, Perm 5, and begin a arm twisting that is necessary to get a essary to resolve this, this is going to process of legitimate diplomacy, such solution? Where is it? It is invisible to go on and on and on, and it is not going as we have read about in the history the average American. to end well. books of our Nation for years. The If we don’t get serious about that di- Everybody knows what the public as- great diplomats of our country are plomacy, if we don’t have a summit sessment is on the latest NIE. People aghast at what we are doing now. Lis- that some of us have been calling for are learning privately what it is. The ten to any number of them privately, for 3 years, and that is ultimately the fact is, these are difficult times over some who served in the administration only way to resolve these differences, there. This is not getting better. It is of George Herbert Walker Bush, the then our soldiers are being sacrificed getting worse. Twenty-one thousand 41st President—Secretaries of State,

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.047 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1611 such as Jim Baker. Jim Baker is a Middle East a month ago. I met with to him in front of our committee—in model in how to build a true coalition. leaders of the region. I can tell you this case, the Senate Armed Services It took him 15 trips to Syria before. On that while, yes, they say they don’t Committee—today, his answer was, as the 15th trip, he finally got President want a precipitous departure and a of this morning, that we have to wait Assad to agree to support what we were crazy consequence of chaos as a result, and see. engaged in. I am not sure the current they also do want the United States to Well, I am just a little country law- Secretary of State has made 15 trips in play a sensible, constructive, and le- yer, but doesn’t it seem logical that if the last 5 years. I cannot tell you the gitimate role in resolving the funda- the President’s whole plan is predi- exact number, but I don’t think it is 15 mental issues of the region. cated on the reliability of the Iraqi in the years she has been in office, let So I think a lot of us have had Army, and at this moment we still alone the prior Secretary of State. enough of hearing these phony debates have to wait and see on the reliability Mr. President, we have to get serious about who supports the troops. We all of the Iraqi Army, then is that reason about what we are going to do. The support the troops. This is the best for us to escalate our troops in Bagh- fact is, there are over 3,000 young trained military that many of us have dad out of 21,000, with some 17,500 going Americans who have now died. I think ever seen. They are doing an amazing into Baghdad, on a plan that we do not four were reported in the newspapers job under difficult circumstances. know is going to work? yesterday. There will be more tomor- Again and again, I say that they de- It is on that basis that this Senator row and the next day. The fact that we serve the support of a Congress that from Florida opposes this troop in- are losing young Americans is not a gets this policy right and that fights crease. I have said on this floor several reason to say we should leave. But it is for them while they are over there and times that the Marine generals in the a reason to say we should get the pol- guarantees that when they come home, west of Iraq, in Anbar Province, con- icy right. It is a reason to say we owe they don’t have to fight for themselves vinced me that an escalation of troops them a strategy that supports the sac- to have the promises that were made to there would help them, since that is all rifice they are making. We ought to be them kept. That is what this is about. Sunni, and since the main enemy there able to do better than what we are I think we can have a very simple is al-Qaida. But that is western Iraq; doing now, Mr. President. vote. If you are for the escalation and that is not Baghdad where the sec- So this is really pretty simple. The you think it is the right policy, vote no tarian violence is. Iraqi Study Group put forward some 79 against the resolution. If you are Mr. President, I will just conclude recommendations. They have all been against the policy of escalation and my remarks by saying that I think it is cast aside. This was a moment where you think it is the wrong policy and our only hope of stabilizing Iraq, that the President could have brought you want to be counted, then you it depends on three successful initia- Democrats to the table, all of us. We ought to vote aye for the resolution. tives: No. 1, an aggressive diplomatic could have sat down and come together That is a vote we can have tonight, to- effort led by the U.S. with Iraq and its around, OK, let’s put all these rec- morrow, or any time. Most people here neighbors to quickly find a political ommendations together. These will know where they stand, but they are settlement between Iraq’s warring fac- work, and we are willing to support unwilling to show the American people tions; two, Iraqis taking responsibility these. Let’s go out jointly and see if we and unwilling to hold this President for providing for their own security; can leverage the full power of the Sen- accountable. Shame on us. three, a massive and effective inter- ate and the Congress and the country I yield the floor. national reconstruction program. behind the kind of strategy we need in The PRESIDING OFFICER. The Sen- With regard to the first of these ini- the Middle East in order to protect ator from Florida is recognized. tiatives, an intense diplomatic effort these real interests, which range from Mr. NELSON of Florida. Mr. Presi- aimed at helping Iraq with a political Israel, to containing Iran, dealing with dent, I thank my colleague from Mis- settlement has been discussed many the protection of the gulf states, to souri for being so understanding. I will times by most of our Senators. This Lebanon, the fledgling democracy, and make my comments quite brief. Senator believes it must include suffi- obviously to stability in Iraq. We all The entire success of the President’s cient autonomy for Iraq’s various re- understand that, not to mention oil plan of escalation is predicated on the gions and communities but a stake for and the economy and the other inter- fact that the Iraqi Army is, in fact, re- all in the central government; an oil ests that we have. Those are real. liable. Therefore, in every one of our revenue sharing law; a reversal of But I respectfully submit that the hearings in our committees—be it the debaathification—partial reversal—and current policy we are on is recklessly Armed Services Committee, be it the a revised constitutional amendment putting those very interests at greater Senate Foreign Relations Committee, process. risk. And the measurement of that be it the Senate Intelligence Com- The lack of a major diplomatic effort statement is in the fact that Iran is ac- mittee—I have asked that question of to build an international coalition to tually more powerful today as a con- the various witnesses, most of whom support a political settlement is truly sequence of what we are doing. Iran are representatives of the administra- baffling. Iraq is in a full-blown crisis. loves the fact that we are bogged down tion or representatives of our U.S. So we need at least one, if not sev- in Iraq because it makes it far more military. Up to this moment, not one eral, high-level special envoys empow- difficult for us to play a legitimate of the administration witnesses can ered by the President and endorsed by card in order to deal with their nuclear tell us that the Iraqi Army is, in fact, congressional leadership. Working to- ambitions. There is nobody in the reliable in a plan that is essential that gether, they need to be on the ground world who doubts that. Lebanon is they are, which is to clear the area, every day, throughout the Middle East, more in jeopardy today, with Hezbollah hold the area, and then rebuild the in- in Europe and Asia, and at the United and Nasrallah in greater positions of frastructure. In the clear phase, it is Nations. threat to the Government and the not only the Iraqi Army and the U.S. The goal should be—within a Prime Minister. Hamas has been in an military—by the way, not in a single month—to assemble an international ascendency in the last months, and we unified command but in dual com- conference at which all of Iraq’s neigh- have been unable to move forward with mands of which the Iraqi Army will be bors and other key nations would en- a legitimate entity with which to be the most force in personnel—and I have dorse the framework of a political set- able to ultimately make peace. All heard that 60/40 is the ratio; maybe it is tlement. these things are worse off today than a more than that—60 percent Iraqi Army It became painfully evident to me year ago, than 2 years ago, and worse and 40 percent U.S. Therefore, it is es- during my last trip to Iraq that Prime off than 6 years ago. sential that the Iraqi Army is reliable. Minister al-Maliki either lacks the will If they are worse off, how do you Yet every witness has not been able or the nerve to take on the Shiite mili- stand there and say this is a good pol- to tell us that, including up to today’s tias on whose backing he depends for icy, that we ought to keep doing what witness, the Secretary of Defense, Sec- power. For example, his rushed execu- we are doing, digging a deeper hole, retary Gates, who I think is doing an tion of Saddam Hussein—certainly jus- and making it worse? I was over in the excellent job. But when I laid this out tified, but horribly carried out—spoke

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This is a very serious and difficult ment, al-Maliki and his Sunni and Where are those words ringing famil- situation in Iraq, no question about it. Kurdish counterparts in the Govern- iar, Mr. President? From the Iraq We got the national intelligence esti- ment, to take responsibility and say we study commission, Jim Baker and Lee mate, and it says these are tough are going to establish stability, we are Hamilton’s commission. They offered times. But—and I agree with my col- going to end the insurgency. To do this recommendation. league from Florida—we cannot afford that, they have said: We need the sup- Rather than increasing our forces in to fail. port of American troops, not to be on Iraq, as the President has proposed, we During General Petraeus’s testimony the frontlines—and I agree with those should be transitioning the troops to before the Armed Services Committee who said we want to move the Iraqis training and advising Iraqi troops, last week, he chillingly described the out front when they are stopping the training and advising antiterrorism typical Iraqi terrorist as ‘‘determined, Shia and Sunni violence; that is where missions and border security. adaptable, barbaric’’ and that ‘‘he will they should be. We still have a role, Finally, the third initiative: The try to wait us out.’’ and we can play a very important role massive reconstruction effort requires And now we are considering a resolu- in helping to take out the al-Qaida a reconstruction czar, a person of the tion signaling to this enemy that this leadership and the other organized highest integrity who will cut through body doesn’t think the terrorists will international radical Islamist terror- the redtape, demand our agencies have to wait too long. By capping the ists, whether they be Shia or Sunni, produce the results working together troop strength, this resolution limits and we can do that. That is part of and deliver construction assistance the very leaders this body confirmed as what the troop surge will do. But we quickly and directly to Iraqi commu- fit to lead and determine strategies and need to have them take over, and we nities. levels of troops. need to train them. Concurrently, this official should The proponents of the resolution to The intelligence community said the convene a donors conference to elicit limit troop strength must now believe police are not ready to take over now. pledges of assistance from our inter- that sitting here 8,000 miles away, this We have found that when we embed body is more equipped than our mili- national partners and to hold them ac- American troops, provide American tary leaders to say what our force countable for delivering this aid quick- troops in smaller numbers but with structure should be in Iraq. That is un- ly. Iraqis, they function better. We can acceptable; it is totally unacceptable. In short and in summary, the cost of help show them how to win, and that is The question has been raised: Will failure in Iraq will be catastrophic in a plan I think we ought to pursue be- this plan work? There are lots of chal- cause what is the cost if we lose? Iraq growing threats to us and to our allies lenges. It is a challenging situation. and in more American and Iraqi lives is the center point in the war on terror. The intelligence community, in its Na- And unfortunately, we have no better lost if we do not awaken to the reality tional Intelligence Estimate, says that diplomacy, not a military solu- source than Osama bin Laden, who there are many difficult factors; it is a says: tion, is what is needed to end the sec- complex situation. But they said this is I now address my speech to the whole of tarian violence in Iraq. the best we can hope to do. This is our I wish to paraphrase what the Presi- the Islamic Nation: Listen and understand. best effort to make sure something The issue is big and the misfortune is mo- dent of the United States, when I was a comes out that provides a stable Iraq, student in college, President Kennedy, mentous. The most important and serious one that will not be a haven for ter- issue today for the whole world is this Third said in 1961: We must always be ready rorist groups such as al-Qaida to oper- World War, which the Crusader-Zionist coali- and willing to bear arms to defend our ate. tion began against the Islamic Nation. It is freedoms, but as long as we know what The intelligence community was also raging in the land of the two rivers. The comprises our vital interest or our very forthright, both in the NIE that world’s millstone and pillar is in Baghdad, long-range goals, we have nothing to we received last week and in testimony the capital of the caliphate. fear from diplomacy. several weeks earlier in an open hear- That is what he calls Baghdad, ‘‘the I thank the Chair. ing of the Intelligence Committee. capital of the caliphate.’’ There are The PRESIDING OFFICER. The Sen- They said if we cut and run, Iraq would similar transmissions by Ayman al- ator from Missouri is recognized. descend into chaos, giving the terrorist Zawahiri, who said: ‘‘We must have Mr. BOND. Mr. President, I spoke groups, such as al-Qaida and probably Iraq as our caliphate.’’ So we have to briefly this morning about the need to the Shia terrorist groups, the chance wait. We have to make sure we sta- have votes on the Republican resolu- to operate freely in that country. It bilize the area. tions—the Republican Gregg resolution would lead to slaughter of more and It seems to me this is absolutely the and the bipartisan Lieberman-McCain more Iraqis—innocent Iraqis—and it best plan than fiddling around and resolution. It is very important we give would likely involve the entire region. adopting a resolution that says, no, we the opportunity for this body to go on It is clear that cutting and running don’t need 21,000 more troops. Some of record saying, No. 1, they do support should not be an option. There may be the same people who said earlier this and will not cut off funding for our some people who would vote to cut off year and last year that we need more troops in Iraq. That needs to be said in funding. We ought to let them have a troops now are saying no, no, 21,000 the Gregg resolution. chance at least to say we want to end more troops is not necessary. Whom It is unusual and very unfortunate it now, not we want to tinker with the are we going to believe, someone stand- that at this time, when we are actually military strategy so perhaps we can ing on the floor of the Senate or the at war, we are considering resolutions gain some political points at home. commanding general who has responsi- which would say: Well, we don’t sup- I have heard it said that some of the bility for making sure that our troops port sending more troops over. We are people who are supporting the Levin- accomplish their mission and they are actually sending troops over, and there Warner resolution think we should be safe? If he says we need those troops, I are some who want to say: Well, we following the guidelines of the Iraq wish to vote for a resolution that says don’t support the mission; good luck, Study Group. I had the opportunity on we need those troops. I wish to vote for guys and gals; you are going over, but Sunday to ask Jim Baker is this mili- a resolution that says we shouldn’t cut we don’t support what you are doing. tary plan the military plan you have off funding; we need to support our We owe them more than that. We owe supported? He said: Yes, it is. troops when they are in the field. them what used to be the baseline in Others have said we need a new strat- What is at stake in this resolution our discussions. Unfortunately, in time egy, and I agree. I agree we shouldn’t deserves a commitment that goes far

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Senator from Missouri not even men- wrong message to our allies in the re- I previously entered into the RECORD tion his only son because he is talking gion or to encourage al-Qaida and an article about 12 days ago by Robert about what is right for our country. He Jaysh al-Mahdi. But, unfortunately, Kagan, senior associate at the Carnegie believes that Sam Bond’s future de- that is what this resolution can do. Endowment for International Peace pends on our doing the right thing in I had the honor today of talking with and transatlantic fellow at the German Iraq. So I applaud Senator BOND, and I the head of the intelligence agency of Marshall Fund. He wrote a piece saying applaud Sam Bond. one of our allies in the region. I said: it is a grand delusion if we think we I want to talk about the resolution What message would it send to your can walk away from Iraq and not solve that we are going to vote on at some country if we adopt a resolution saying it. He went on to say: point. First, I think Senator BOND is the President can’t send over more Democratic and Republican Members of correct; that we ought to have the troops? He said: That would be very Congress are looking for a different kind of right to vote on at least two resolu- bad because we want to see peace and political solution: the solution to their prob- tions, not just one that is stability survive in Iraq. It is vitally lems in presidential primaries and elections unamendable. This is, as we have been important to the entire region, and we almost 2 years off. reminded time and time and time are prepared to help the coalition This is coming, as he indicates in his again, the most important issue raging make sure stability is achieved. We article, just as American soldiers are in our country and maybe the world want to make sure Iran doesn’t take finally beginning the hard job of estab- today. So I think having two resolu- over that country, that chaos doesn’t lishing a measure of peace, security, tions, or one amendable resolution, is a ensue, and we—and he was speaking for and order in critical sections of Bagh- legitimate request because there are several of the countries in the region— dad. legitimate differences of opinion. There we want to provide aid to help rebuild He goes on to say: are legitimate debatable issues that I the economy so there will be a stable They have launched attacks on Sunni in- think the Senate is capable of putting economy because a stable economy is surgent strongholds and begun reining in forth for our country, representing the one of the best ways to convince people Moqtada al-Sadr’s militia. division in our country on this impor- they don’t need to get 25 bucks from And, finally, he concludes, and it is tant issue. setting out an improvised explosive de- fitting advice for this body: Some people say we should never vice along the roadside. Politicians in both parties should realize have gone into Iraq. In hindsight, it is So we would be sending a bad mes- that success in this mission is in their inter- an easy thing to say. Let’s remember sage to our allies, and we would be est, as well as the Nation’s. Here’s a wild what we were looking at as Senators, sending a message of great hope to the idea: Forget the political posturing, be re- and let’s look at what the President people of al-Qaida. sponsible, and provide the moral and mate- was looking at as the Commander in That is not what we ought to be rial support our forces need and expect. Chief of this Nation, whose responsi- doing, Mr. President. What is at stake Mr. President, I hope we will vote on bility it is to protect the people of this deserves a commitment that goes far resolutions that do that. country. The buck stopped on the beyond the political pundits. Those I thank the Chair, and I yield the President’s desk. who call for an end to the war don’t floor. I don’t agree with everything the want to talk about the fact that the The PRESIDING OFFICER. The Sen- President has done. Not one person on war in Iraq will not end but, in fact, ator from Texas is recognized. the Senate floor agrees with every- will only grow more dangerous if we Mrs. HUTCHISON. Mr. President, thing the President has done. But I will leave with that country in chaos. you have just heard an extraordinary So as we debate these resolutions, tell you this: no one—no one—can ever speech, and I want to put it in perspec- say this President isn’t committed to Congress’s role in the Iraq policy is tive, if I may. clear: Either Congress needs to exercise one thing, paramount in all of his re- There was a Foreign Relations Com- sponsibilities, and that is to protect its constitutional powers of the purse mittee meeting several weeks ago at and cut funding for the operations of the people of the United States. He is which one of the Senators insinuated doing what he thinks is best to protect the troops, which is madness, or get be- that the Secretary of State didn’t un- hind them. We shouldn’t confirm Gen- our children and freedom for our way derstand this war because she didn’t of life. eral Petraeus and then say: Oh, but we have enough of a personal interest. don’t support your plan. So if we are When he went into Iraq, many people Well, we thought that was an unfair questioned whether it was the appro- not using our power of the purse to cut question because this is a woman who off funds and force a hasty withdrawal, priate thing to do. I did myself. But the is spending 24 hours a day, 7 days a President had just been through 9/11, what are we doing? Are we telling week, trying to do the right thing for 21,000 brave men and women who will where we saw airplanes used as weap- our country, and that was considered a ons of mass destruction that killed be going to Iraq that we are uncomfort- personal thing that was out of line. able with the dangerous mission you thousands of Americans and people We have just now heard a U.S. Sen- working in New York City. So he said, are about to undertake but not offering ator make a speech that was a wonder- any alternative? I am sure our troops to look at it from his view: I can’t af- ful, principled speech on the merits of ford to take a chance that a weapon of would find that encouraging. what he is going to support in this war Simply put, this may be a situation mass destruction would hit America effort, the resolution that will come where there are good politics, but these again, only this time it would be a before us, and he never mentioned that good politics equal bad policy. Politics chemical or a biological weapon. he had a personal interest. So I want to are trumping good policy. I believe that is what the President A headline in today’s Roll Call reads: mention it. I want to mention Sam was thinking. He knew that Saddam ‘‘Democrats to Launch PR Blitz on Bond. Hussein had chemical weapons, had Iraq Vote.’’ Sam Bond is a Princeton graduate. used them on his own people and had He is the light of Senator KIT BOND’s . . . Senate Democrats are launching a na- kicked the weapons inspectors out in tional public relations campaign aimed at life. He is his only child, his only son. 1998. He had kicked the weapons in- tying GOP moderates and incumbents facing Sam Bond has been a star from the day spectors out. Why would he have done difficult 2008 re-election races to Bush in the he was born, and we have all heard that, was the thinking, if he didn’t public’s mind, Democratic leadership aides about it. Sam Bond graduated from have something to hide? said Monday. Princeton University, and he didn’t get Then there were the intelligence re- Is that what this is all about? Is that a job on Wall Street to then sign up to ports. There were the intelligence re- the politics? I think that is a very sad go to business school. No, Sam Bond ports that we saw and there were the message. signed up for the Marine Corps. intelligence reports that the President

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.051 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1614 CONGRESSIONAL RECORD — SENATE February 6, 2007 received which were at a much higher I very much hope that we will be able allies or to our enemies that America level than even we were able to get. All to take up the Levin-Warner resolu- cannot stand it when it gets tough. of that pointed to Saddam Hussein hav- tion, and I hope we will be able to take America is the beacon of freedom to ing weapons of mass destruction and up an alternative which will not have the world. If we do not stand and fight the capability to deliver them. So it is amendments because those are not in for freedom, who will? America must a legitimate debate to ask why are we order. But we must have the ability to never step back from that mantle and there, but it is not the debate we ought exercise a voice that would go in a dif- that responsibility. Freedom will die to be having today. ferent direction, that would set bench- everywhere if we don’t fight and keep The debate we ought to be having marks for what the Iraqi Government it for America and our allies. today is what should we do to have suc- must do if they want America to stay Let’s have that debate. Let’s have cess in Iraq because success in Iraq and and help them become strong and sta- that debate on whatever differing reso- Afghanistan is a part of the war on ter- ble and free. lutions come forward. I am not afraid ror. I want to be able to debate also the to debate the Levin-Warner resolution, After 9/11, we didn’t treat what hap- McCain-Lieberman resolution because and I am certainly proud to support pened as a criminal act. In 1993, after I think there will be a clear choice. the Gregg and the McCain-Lieberman the first World Trade Center bombing, And I hope that we have the oppor- resolutions. I wish to talk more about that is what America did. We treated it tunity to bring that out to the Amer- it. as a criminal act. America didn’t know ican people because there are con- I yield the floor. this was the beginning of a war on ter- sequences of setting a timetable and The PRESIDING OFFICER (Mr. ror. Then there was Khobar Towers, at- trying to have some kind of graceful MENENDEZ). The Senator from Rhode tacked in Saudi Arabia, and 19 Amer- exit strategy that basically says this is Island. ican soldiers killed. We treated it as a too tough for America, we just can’t Mr. WHITEHOUSE. Mr. President, I criminal act. There was the bombing of take it and, therefore, we are going to am dismayed at where we now stand. our embassies, and then there was the walk away. Last fall, the people of the United USS Cole. We treated those as criminal How about keeping our commit- States sent a message to the President acts. But America woke up on 9/11/2001 ments, so that our allies and our en- of the United States that the current and realized, finally, 10 years after the emies will know, when they are part- course of his war in Iraq is deeply mis- war had started, that America and our ners with America or enemies of Amer- guided and that bold, new solutions are way of life was under attack. This was ica, we will stick through thick and called for. The President failed to lis- not a crime, it was the continuation of thin, arm in arm with our allies and be ten. Yesterday, the Senate, this his- a war. formidable against our enemies? How toric institution, was prevented from So we are there now. We are not suc- about having a strategy that says we speaking. ceeding. Success would be a stabilized have not succeeded in the way this has What we say in this historic Chamber Iraq, an Iraq where people can go to gone, so here is a different approach? about our course in Iraq, and even the market in security and buy food or more what I hope we will do in this necessities and visit and have coffee on We expect the Iraqis to stand up now. Chamber to correct that course, are the street. That is what success in Iraq We are going to help you, but you must among the most urgent concerns of the will be. Success in Iraq will be when lead. You must meet certain bench- community of nations. It matters to they have self-governance. Success in marks if you are going to keep us help- millions of Americans who have al- Iraq will be when there are not secu- ing you help yourselves. We want the Iraqi people to succeed ready raised their voices in concern at rity forces that kill people of a dif- because we don’t want terrorists to a strategy lacking in foresight and ferent sect. Success in Iraq will be takeover Iraq, get the oil revenue and cratered with flaws. It matters to mil- when they are a stable neighbor in the lions more souls throughout the world Middle East and terrorists will not be come and deliver their weapons of mass able to get a foothold. destruction to America. That is what whose lives, whose hopes, whose fu- We are not succeeding yet. How can we are talking about. That is what is tures depend on American leadership we do better? We should be debating at stake in this war. How we execute and authority. how we can do better to succeed. If vic- our responsibilities as Senators who But we are silenced as a Senate, si- tory is not the end result, we will have have the leadership mantle is going to lenced because yesterday, on the single failed our children and grandchildren. determine how successful our troops most important issue facing America So I ask, what could possibly be the can be. today, on the issue that has cost more purpose of passing a resolution in what I hope we can have that debate. I than 3,000 young Americans their lives, has been considered the world’s most hope we can have the debate on the tens of thousands more their limbs and deliberative body that would send Gen- Levin-Warner resolution. I hope we can livelihoods, and countless families eral Petraeus to take charge of Bagh- have a debate on the Gregg resolution. their well-being—on the issue where dad and a new strategy and say, Gen- I hope we can have a debate on the this President has squandered so much eral Petraeus, we have faith in you but McCain-Lieberman-Lindsey Graham of our national Treasury and national not the mission? That is not the right resolution because I think it would be good will—the Senate was silent. It resolution to pass in this Senate. the right thing for the American peo- was silenced by a parliamentary ma- I hope we can debate that resolution, ple. But don’t try to put one resolution neuver. and I hope we can debate against those on the floor with no amendments and The people we represent deserve bet- who would send a signal to our troops call that an opportunity to have a ter from us. As you know, I am new to that we don’t have faith in the possi- voice. No one could keep a straight this body, but each time I step through bility of success in their mission. I face and say that is a fair process. these doors, I bring with me the hopes want to debate a resolution that would There are 100 Members of the Senate. and expectations of thousands of Rhode say we are not going to send any more I do not question one Member’s patri- Islanders I have heard who know it is troops, and even if we need troop pro- otism. I do not question the motives of time for a new direction in Iraq. Tired tection we are not going to send those one Member. Everyone has a view that of a President who has failed to listen troops because Congress is going to we believe is the right way for our and failed to learn, last November, take the place of the Commander in country. We ought to be able to sup- they joined millions of their country- Chief and the generals on the ground. port resolutions that put forward those men and voted for change. I want to debate a resolution that views. This is too important to have a Whenever I think of these men and would cut off funding for our troops in struggle over process keep us from hav- women, I am filled with an enormous the field. I would like to debate what ing the ability to come together and sense of responsibility. They trusted would happen to our troops who are try to reason and pass one good resolu- me to hear their voices and to make there now if a signal were sent that we tion or two that would allow us to have sure the Senate hears them too. So I were not going to give them the sup- a voice in this debate. The world is speak today. I share Rhode Island’s port they needed to do the job they going to listen to what we say. I hope conviction that it is time for a change have right now. we don’t send the wrong signal to our of course. Our troops and their families

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1615 have made countless sacrifices, and our President’s judgment is to fail to sup- diers home will help us start down the choices in this Chamber must be wor- port the troops. Never mind the mani- long road toward renewed American thy of them. fest and repeated flaws in that judg- strength and leadership in the region The situation in Iraq is dire, rife with ment: Misjudgment on weapons of mass and in the world. It is a critical jour- sectarian conflict that can only be re- destruction; misjudgment on when the ney, and it is long past time to begin. solved by Iraqi political cooperation, mission was completed; misjudgment Mr. President, I yield the floor. not by American military force. A on the risks, costs, and demands of oc- The PRESIDING OFFICER. The Sen- broad consensus has emerged from sen- cupation; misjudgment on the wisdom ator from Iowa is recognized. ior military commanders to the bipar- of de-Baathification; misjudgment that f tisan Iraq Study Group and throughout the insurgency was in its last throes; SOURCES OF ENERGY IN AMERICA the American people that our best and now misjudgment on whether there course would be to begin to redeploy is civil war. There has never been a Mr. GRASSLEY. Mr. President, American troops out of Iraq. Instead, record of error, failure, and falsity every time a President gives a State of the President has insisted on a costly similar to it. Now, the unfortunate fact the Union message, there are a lot of strategy of escalation that would send is the President’s bad misjudgments people who praise it, there are a lot of more of our soldiers into harm’s way. I and failed diplomacy leave us few good people who disagree with it. One of the believe that to be a terrible mistake. options. areas where there was some agree- It is my deeply held conviction that Changing the Iraq dynamic can set ment—but also a lot of disagreement— in order to create the best environment the stage for an aggressive inter- was on the energy package the Presi- for real change, the President must an- national diplomatic effort to restore dent suggested in his State of the nounce, clearly and unequivocally, security in Iraq and combat terrorism Union message. Since I come from a that the United States plans to rede- worldwide. An intense diplomatic ef- State that is No. 1 in almost all of the ploy our troops from Iraq. That an- fort, with the parties thus motivated alternative energies such as biodiesel, nouncement would change the dy- by the prospect of American redeploy- such as wind—we are third in wind en- namic, enhancing our national security ment, is our best remaining real ergy, we are first in biodiesel, we are position in Iraq, in the Middle East, chance for success. It will also staunch first in ethanol production—I would and throughout the world in three im- the hemorrhage of two critical Amer- like to set the record straight and en- portant ways. courage people to see that a lot of good First, a clear statement of American ican assets: Our international standing and our national Treasury—and most has been accomplished over the last intent to redeploy forces from Iraq several years and that we ought to for- would eliminate the Iraqi insurgents’ importantly, it will bring our troops home. get a lot of disagreeing rhetoric and case that we are an army of occupa- move on and even enhance what we tion. It would eliminate it once and Without such a change in the dynamic, we are likely to remain trapped have already done. So I am here to ad- forever. The Iraqi population’s nation- dress an issue President Bush men- alist sentiment would no longer be en- there, seen by many as more provoca- tive than helpful, a great nation en- tioned in his State of the Union mes- gaged against us. The Iraqi people sage and an issue that those particu- don’t want us there, and a majority of snared. For the safety of our troops, larly on the other side of the aisle have them consequently believe it is accept- the stability of the region and the security of our Nation, that must not been quick to criticize. able to kill American soldiers. That is In the President’s speech to the Na- not an environment in which we can happen. The situation in Iraq is grave and de- tion, he once again highlighted the gain likely success. need for the United States to reduce Second, without a buffering Amer- teriorating. It undermines our national our dependence upon foreign oil. This ican presence, the world community security by hurting our troops and has been something that Presidents would understand it must face the con- their families, by diverting our atten- sequences of the Iraq situation. Other tion from al-Qaida and other critical have been stating on a very regular nations in the region and elsewhere threats, and by degrading our military basis, both Republican and Democratic, around the world would be motivated capability for other actions. The Iraq going back to 1973, when President to take a more active role to work to- quagmire demands a new strategy that Nixon gave a speech, during the first gether to bring peace and stability to is both bold and realistic. If we lead energy crisis, speaking about energy the region. Now, for all intents and boldly, sensitively, and firmly on the independence. Of course, President purposes, we are alone. diplomatic front, if we speak, again, in Nixon was saying we can do it by 1980. In particular, Arab nations, facing realities instead of slogans, if we build I don’t know why he picked that date, the risk of a pan-Arabic, Sunni-Shiite consensus instead of polarizing na- but actually we are much more depend- conflict igniting in Iraq, must then as- tions, we can restore America’s present upon foreign sources now than we sume greater responsibility for avert- tige, leadership, and good will. The were even in 1980 because of the con- ing such an outcome. Under current President’s escalation does not help sumption of the United States and the U.S. policy, these Arab countries have achieve these goals, and yesterday the standard of living we have. People little incentive to help calm the con- Senate had the opportunity to say so. want to be free to drive their car wher- flict or reduce the violence. Any incen- We did not. We were silenced—silenced ever they want to drive it as long as tive they have is buffered by America’s by parliamentary maneuver. they want to. Whether it is a big car or role as the peacekeeper and offset by The Senate has been called the little car, it is freedom in America to the cost, in so many eyes, of even asso- world’s greatest deliberative body. Let do it, so we become more dependent. ciating with the United States. us deliberate. The debate over our But also along the lines of alternative Third, Iran presently gains im- course in Iraq echoes all over the energy, we have made tremendous mensely from fomenting violence in world, from world capitals to the progress. Iraq. Keeping America bogged down in kitchen tables of middle America—ev- So President Bush did not do any- a civil war in Iraq undermines critical erywhere except this silenced Chamber. thing that Presidents probably haven’t U.S. policy objectives, including the ef- Mr. President, I call on my col- been doing for the last 34 years, in say- fort to work effectively with the inter- leagues on the other side of the aisle to ing we need to move toward energy national community to address the se- stop the stalling and allow this body to independence, but what they mean is rious threat posed by Iran’s nuclear deliberate. Ultimately, the free and unless dependence upon foreign sources weapons program. The threat of Amer- fettered clash of ideas that a real Sen- and less dependence upon petroleum. ican redeployment changes that cal- ate debate represents is exactly what Because I would be misleading my col- culation for Iran. The advantages Iran our troops in Iraq are fighting for. leagues, I would be misleading my concurrently enjoys from bogging America Let us, in this historic Chamber, not stituents if I said we have the capa- down in Iraq would diminish or evapo- undermine their sacrifice with our si- bility—at least I don’t know that we rate. lence. have the capability—of being totally Some argue—we hear it right in this For my part, it remains my view that independent of foreign sources of en- Chamber—that to fail to support this announcing our intent to bring our sol- ergy, but we surely have the capability

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.055 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1616 CONGRESSIONAL RECORD — SENATE February 6, 2007 of being less dependent upon foreign Here my colleagues can see the would be for anything but big oil. So I sources of energy, and we have the ca- States that are darker, where the eth- had the opportunity in January of 2000, pability of being less dependent upon anol industry is being located. Iowa is when we have our caucuses in the cold- petroleum as a basis of our energy. No. 1, my State is No. 1 in the produc- est time of the year, to be in a minivan So the critics, though, it seems, have tion of ethanol, but it is rapidly ex- with President Bush, as a candidate for been quick to point out that the Presi- panding. I still remember 3 or 4 years the Republican caucuses at that time, dent has mentioned our dangerous de- ago, or maybe it has only been 2 years to ride with him for 2 or 3 days. I pendence on foreign oil in seven ago now, when we had Members from thought, what a wonderful opportunity straight addresses to the Congress. this State and Members from this to be in a small car with a Governor That is why I pointed out that every State who would stand up here and who might be President of the United President since President Nixon has offer amendments against ethanol, and States, to teach him about the facts of been talking about this issue. So it is it wasn’t long that once we got into the ethanol. It didn’t take me very long be- not just President Bush who has been point where everybody realized they cause he came back—and you never re- mentioning it and, presumably and had to use ethanol, we had Members member the exact quotes because I impliedly, not doing anything about it. from this State and we had Members didn’t write this stuff down. But I re- I wish to remind my colleagues he has from this State saying to Senator HAR- member him saying something along also talked about the value of domes- KIN and me: Why don’t you get us more the effect of: Well, it is just common tic, homegrown, renewable sources. ethanol, as an example. So people are sense. We only have so much petro- But at the same time, there has been becoming more ethanol friendly, but it leum. We have to start relying on eth- criticism that he has done little to ac- seems you have to take them dragging anol to a greater extent. I guess I be- tually support the growth of alter- and screaming into the new world of al- lieved him then, but maybe I had some question marks. So we went on for 2 or native energy. I say my colleagues are ternative energy. wrong. So we have a developing industry. 3 days, and there wasn’t anything in I am going to quote Senators, but I Twenty-three States currently have those 2 or 3 days to change my mind. am not going to mention their names ethanol plants in operation or under But you wonder: you say one thing as a candidate; you might perform an- because I am not here to embarrass construction. Today, there is some other thing as an officeholder. But I anybody; I am here to try to get people level of ethanol blended in more than found back in 2000 that the President to be responsible. I do wish to refer to 46 percent of our Nation’s fuel. In my was a friend of ethanol when he told these as all Members of the Democratic State, that would be about 80 percent. me about it, and he has performed that Party, but I am not going to mention In Minnesota, I will bet it is more be- way in office. So I am satisfied that their names. One Democratic Senator cause Minnesota has a State mandate. this President is coming from where he stated after the President’s speech last I have been embarrassed because when started and albeit from a State where week: the Republicans controlled the State oil is big business and where you The President acknowledged the need to legislature and I went to them and said wouldn’t expect him to be for it, but he develop alternative energy, but he did not we ought to be doing what Minnesota has been a friend, as he indicated to me offer a real plan to put us on the path to en- is smart enough to do, I had Repub- ergy independence. privately he was going to be. I think lican legislators tell me: GRASSLEY, go this President has done well for alter- Now, I am going to show my col- back to Washington and stick to your native fuel. So I don’t think the criti- leagues how the President has been own business. But I told them how I cism of him is legitimate. very much involved in this. fought for the ethanol industry and al- The fact is that when President Clin- Another Democratic Senator stated: ternative fuel and for the agricultural ton left office in 2000, our farmers were So many of us believe that though the industry because that is where the only producing 1.6 billions of gallons of President continues to refer to the problem— source of the energy comes from, from ethanol. Now, I am not saying Presi- Meaning the problem of not being en- the family farmers of America, and I dent Clinton was not friendly to eth- ergy independent enough— told them it was embarrassing to me to anol. He was friendly to ethanol. But I he has never quite moved us— fight big oil here while they were kow- think there are degrees of friendliness. Never quite moved us— towing to big oil back in Des Moines. But for the people on the other side of as we would like in the direction of a solu- Well, anyway, I think things are the aisle who tend to be criticizing this tion. We did little or nothing in Washington going to be moving along. We have a President, I want them to see where we to address the addiction. Democratic Governor who wants to do have come since this President took of- Maybe he hasn’t addressed the addic- more with the biofuel industry in my fice. During the 8 years of the Clinton tion, but because there is an addiction, State, and I think we are going to presidency, domestic ethanol produc- he has tried to make us less dependent make some progress. We may not have tion grew 33 percent, as my colleagues upon a petroleum addiction, as opposed a mandate, but we may not need a can see here. Now, when we compare to an energy addiction. mandate now. that to what it is since President Bush Finally—and I could go on and quote I wish to talk about where we are lo- came to office in January 2001, the do- many more, but I will stop at the third cated. Now, according to the Renew- mestic ethanol industry is producing one—one more Democratic Senator able Fuels Association, the ethanol 1.7 billion gallons annually. That grew commented: produced in 2006 resulted in the reduc- to 4.9 gallons last year. When President We have waited 6 long years for the aggres- tion of oil imports by 170 million bar- Bush leaves office—this chart is some- sive new incentives needed to really get our rels of oil, with a value of $11.2 billion. what of an estimate, but we think it is biofuels industries off the ground and break Remember, $11.2 billion being spent on on target because the plants are com- America’s oil addiction. ethanol that is not going to the Middle ing online and ethanol is catching on Of all the statements I have quoted, East to produce a profit for the oil bar- and the need for ethanol is very real— it seems to me that is the one that is ons over there who shoot bullets at our we think this will grow to 10 billion flatout intellectually dishonest, as I soldiers as we are trying to take on the gallons. That is a 488-percent increase am going to give some facts here. The war on terrorism. during this period of time compared to facts would suggest otherwise. The fact Now, I say to the critics on the other a 33-percent increase. is the ethanol industry is growing at side—the other side chooses, as evi- I am not belittling President Clin- the fastest pace in its history. There denced by the earlier statements I ton’s efforts, but I think people on the are over 110 ethanol facilities operated quoted of Democratic Senators—to ig- other side of the aisle ought to take across the country. These plants have nore this data when they discuss the into consideration when they are rais- the capacity to produce 5.3 billion gal- energy track record of President Bush ing a question about whether we have lons of ethanol annually. I said 110—110 and the Republican-controlled Con- done enough in recent years about al- ethanol facilities. We only have 170 pe- gress in past years. ternative energy these facts and this troleum refineries to make gasoline I was cynical when there was a Gov- growth and not belittle this growth and fuel oil in this country. So I think ernor Bush running for President and that seems to me is going on. This we are developing an industry. coming to Iowa to campaign saying he growth is no accident.

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1617 In fact, a key turning point took referred to this a little bit before—no dent coming from big oil Texas and place in March of 2001 when President fewer than 11 amendments were offered being Governor of that State, would I Bush took a courageous step that by Members of the other side of the expect him to be a renewable fuels per- President Clinton should have taken aisle to delay, reduce, or render useless son in the future? No, because I have but did not take during the last year of the renewable fuels standard which had been dealing with big oil and fighting his Presidency. In 1999, the big State of broad bipartisan support, particularly them versus ethanol for a long period California, with a tremendous con- from those from the Midwest. It was of time. It is only within the last 3 or sumption of fuel for automobiles and not the Republicans offering these 4 years that we had the freedom of not energy—generally, the State of Cali- amendments to kill the growth of the having to fight big oil. Who knows, fornia, at that time, was deciding to domestic renewable fuels market. It maybe today we will have to fight big ban the competitor to ethanol as an oc- was members of the other side, some of oil again when it comes to some eth- tane enhancer that is known by the ac- whom are the same ones who may be anol products for the future, but there ronym MTBE. It stands for methyl ter- criticizing the President today for not has been a lull. I thank President Bush tiary-butyl ether. It was found to con- doing enough to decrease dependence for keeping his word to the people taminate ground water. upon foreign oil. when he promised to be prorenewable Obviously, California had to quit Perhaps more ironic is that a strong fuels. using it, but they did not want to sub- renewable fuels standard could have Getting back to those who claim the stitute ethanol. According to the 1990 been enacted earlier than 2005. In No- renewable fuels industry has lacked at- Clean Air Act, they had to substitute vember 2003, an Energy bill conference tention from President Bush and pre- ethanol without a waiver by the Presi- report came to the Senate with a re- vious Republican Congresses, I leave dent or Congress. They were asking for newable fuels standard but ran into a with one final point. In the year 2000, that waiver. It did not happen, so we filibuster in the Senate. Had there not the final year of the Clinton adminis- did not know where the ethanol indus- been a Democratic-led filibuster, what tration, we produced 1.6 billion gallons try sat versus the MTBE, so ethanol the President signed in August of 2005 of ethanol. That is nothing negative did not benefit the way it could have if would have been signed in November about President Clinton. He seemed to President Clinton had made a decision. 2003. We would have been 2 years ahead be, for the most part, very ethanol California Governor Gray Davis did of the game. friendly. But you cannot criticize this not want his citizens to have to use In addition to the renewable fuels President when we have this figure: By ethanol—which the 1990 law required— standard, other provisions enacted in the time he leaves office in 2008, we and he petitioned Clinton for that the past 6 years have perhaps done will be producing 10 billion gallons. waiver. While many of my colleagues even more to spur the growth of the re- The policy supported by the Repub- and I lobbied President Clinton to deny newable fuels, particularly ethanol and lican Congress led to this growth. the waiver, he took no action. When particularly biodiesel. In 2004, Congress I have proven that I don’t want to sit President Clinton had the opportunity enacted the American Jobs Creation by quietly while the other side tries to to demonstrate his confidence in our Act. This legislation included modi- say otherwise. Nation’s farmers and ranchers to fication and extension of the ethanol I yield the floor. produce this clean renewable alter- tax incentive. While improving the in- The PRESIDING OFFICER. The Sen- native energy, President Clinton was centive, it also extended it through ator from Iowa. nowhere to be found. 2010. Does the Democratic side seek unani- That changed when Governor George In the Energy Policy Act, which the mous consent to address the Senate? Bush was elected President. Less than President signed in August of 2005, Mr. HARKIN. Mr. President, I ask 90 days into his term as President, Congress expanded the incentive for unanimous consent I be permitted to George Bush denied the waiver which small ethanol producers and created a speak as if in morning business for put the ethanol industry firmly on a new credit for small producers of bio- path to growth because California uses such time as I may consume. diesel. Most recently, Congress ex- The PRESIDING OFFICER. Without so much energy. Along the way, Congress considered tended the tariff on imported ethanol objection, it is so ordered. and enacted a number of incentives and through the year 2008. The tariff en- f sures that U.S. taxpayers are not sub- supportive policies to foster the devel- IRAQ opment of this important industry. In sidizing foreign ethanol and that we Mr. HARKIN. Mr. President, I have August 2005, President Bush signed into continue to grow our domestic produc- been periodically tuning in today dur- law the Energy Policy Act which in- tion of ethanol. ing committee hearings and other work cluded the renewable fuels standard, or As a result of the tax incentives, the we do around here on some of the de- RFS, for short. This provision was a ethanol import tariff and the renew- bate surrounding whether we are going culmination of the work of dozens of able fuels standard, the domestic re- Senators during a period that spanned newable fuels industry, is growing fast- to have a debate on Iraq. It is hard for three Congresses. It has also been key er than anyone could have ever imag- the average American out there who to the growth of the domestic ethanol ined. The policies put in place by the may be watching C–SPAN to under- industry. Congress when Republicans controlled stand whether there is any sanity in The effort to enact a strong renew- it, with the support and assistance of this place, whether we are really ra- able fuels standard was bipartisan, but President Bush, have put this industry tional individuals running the Senate. it was approved by the majority Repub- on a path of extraordinary growth. We This is supposed to be the most delib- lican Congress with the help of Presi- have recognized that renewable fuels, erative body, as we keep calling our- dent Bush. such as ethanol and biodiesel, improve selves, in the world. The function of During the consideration of the En- air quality, strengthen national secu- the Senate is to debate and to discuss, ergy Policy Act, President Bush asked rity, reduce the trade deficit, decrease sometimes ad nauseam, different meas- Congress for a bill that would help di- dependence upon the volatile Middle ures. Sometimes we can debate for a versify the U.S. away from crude oil. East for oil, expand markets for agri- long time around here. People in this He put his public support behind the cultural products, increase income for country wonder what is happening here renewable fuels standard to require the farmers, and create good-paying jobs in that the Republicans won’t even allow use of ethanol and/or biodiesel. The rural America. debate on the most important single President supported our efforts toward In other words, it is as the Camp- issue confronting America today: the a renewable fuels standard because he bell’s soup advertisement of 25 years war in Iraq and the escalation. recognized that increasing our use of ago: everything about ethanol is good, I make it clear from the outset to ethanol and biodiesel would create new good, good. those who may be watching, to try to markets for farm products and increase The fact is, President Bush has been clear it up as much as possible, the Re- our energy security. the most prorenewable fuels President publicans, through parliamentary ma- During the consideration by the Sen- our country has ever had. I stated ear- neuvers and through their vote yester- ate during this period of time—and I lier when he was a candidate for Presi- day, will not even allow the Senate to

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.065 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1618 CONGRESSIONAL RECORD — SENATE February 6, 2007 debate Iraq. I can talk on it if I want recommendations. It is one thing for pected for the first part of April. Three days to. Of course, I can. But they will not Republican Senators to ignore the re- ago, our worlds came crashing down once allow us to go to a debate on the War- sults of the November election. It is again as we learned that our loved ones ner resolution, which has very strong one thing for them to ignore all the would not be coming home in April, but were bipartisan support, and has a majority being extended until August, thus being de- warnings of the generals last year. But ployed for almost 2 years by the time they of the votes in the Senate. what is unacceptable is that Repub- return. I am angry, I am devastated! How We are faced with an unusual situa- licans in the Senate refuse to listen to could this happen? How could you let this tion which I don’t know has ever oc- the families of soldiers who are being happen? How could this be right? I have lost curred here before. A matter which is asked to put their lives on the line for all hope and faith in our government. I don’t life and death for so many of our young this last and reckless roll of the dice in understand much about politics so my big- men and women—disrupting families, Iraq. gest question is if so many people are causing untold drain on our Federal Among those being committed to the against this war and the increase of troops Treasury, not just now but for years in escalation are more than 600 soldiers being sent over then why is the president not listening? Doesn’t he care? I voted for him the future, causing us to lose friends from the Iowa Army National Guard. and allies around the world—and we and believed in him and he has let me down. Many of them are from the 1st Bat- I attended a meeting that was to discuss this can’t even debate it. But that is the talion of the 133rd Infantry extension and we were told some good things situation in which we find ourselves. headquartered in Waterloo, IA. Other were happening for the future for the guards. I can tell you, over the last few units are from Dubuque, Iowa Falls, Limited times of 12 months being deployed weeks I have had thousands contact Charles City, and Oelwein. These sol- and 5 years in between call ups. Even though my office through e-mails and phone diers have been deployed since early I am so happy for these changes for the fu- calls. I must say, the vast majority, last year in Anbar Province, the most ture, you have to understand that 700 families are devastated right now, feeling left the overwhelming majority, oppose the violent region in Iraq. President’s escalation and the war in out, and not cared for because this doesn’t These soldiers were supposed to come help our soldiers or us right now. Please, Iraq. home in the spring. But just 1 day after Over the last 24 hours, since yester- please think about the effects this is having the President announced his esca- on our soldiers and their families. We all day, much of their anger and focus has lation, they learned they would not be have given so much and though we are proud been not so much on the President and coming home. Instead, their combat to have been part of serving our country, it’s his misguided policies but on the Re- tour in Iraq would be extended to 16 time for our soldiers to come home. Please publicans in the Senate who won’t months. Think about that—nearly a bring them home. allow Members to debate the issue. As year and a half in the middle of some of Sincerely, one said, we debate this in our work- the most deadly combat in Iraq. To Barbara place, we debate it in the parking lot, make matters worse, as we now know, The next letter is from Jodi in Iowa. we debate it after church on Sunday, many of the soldiers and their families She said: we debate it with our neighbors, in our learned about it through the media be- clubs, at the bowling alleys, but you I have a 20 year old son who has put his life fore they were officially notified. on hold for the past 18 months. He left after guys can’t debate it in the Senate? I want to make it clear, I know some only two weeks of his freshman year of col- They just cannot believe that Repub- of these members of the Iowa Army Na- lege. He deployed to Iraq last April and was lican Senators are blocking debate on tional Guard. They are disciplined pro- due to come home in three months. Now we the No. 1 issue before our Nation. fessionals. Even those who I know pro- are told he is to stay another 4 months. I In a nutshell, what callers are saying have seen no progress in the Iraqi war and foundly disagree with this escalation, I to my office is that Senators have a can not justify my son losing another 4 know they will do their duty. And they right if they want to support the Presi- months of his life. I feel it is the lower and are doing their duty in Iraq. They de- dent’s position on the war in Iraq. They middle class people who are providing the serve our profound respect and admira- have a right to embrace his escalation men and women who are fighting this war. tion. But they deserve to be listened How many of your fellow congressmen have of the war, but they do not have a right to. And their families deserve to be lis- sons, daughters, husbands, wives, nieces or to block legitimate debate in the Sen- tened to. nephews serving in this war? I have a son, a ate on whether the escalation is wise From the letters, e-mails, and phone nephew and a niece in Iraq. They joined the or appropriate. They do not have the calls I have gotten, people are outraged Guard for money so they could attend col- right to silence the voices of tens of lege, not because they were eager to go to that Republicans are not allowing the millions of Americans who have had war. They were assured when they signed up Senate to even debate the escalation. that they would not need to worry about enough of our quagmire in Iraq. We got some e-mails in, and I started People in Iowa, and I suspect across being deployed. They do not want nor do we reading some of them. I asked my staff the country, are saying the election want them to stay longer than what they to contact them to see if I could read last November was a referendum on the were told when they left last April. Please them on the Senate floor. I would not help bring my son home. He has served his war. Voters spoke loudly and clearly; want to read an e-mail on the floor un- time and his country and served it well. they want our troops out of the civil Sincerely, war in Iraq. I imagine the American less I had permission from the sender. So I have three letters I am going to Jodi people probably thought their elected read because they are so profound. One leaders in Washington got the message. Last, I will read a letter from Nikole: is from Barbara—I will not use the last Well, maybe they see now that the Re- Dear Senator Harkin: name—in Iowa whose husband is with publican minority in the Senate does I write to you as the wife of a soldier in the the 133rd Infantry. This is what she not even care about what happened in 1–133. My husband, SSG Nicholas . . . , has writes: been stationed in Iraq since the end of March the election. They want to escalate the 2006. He also trained at Camp Shelby, Mis- war. But that is fine. If that is their Senator Harkin: I sit here to write this letter, not knowing why since I’m feeling like sissippi for five months prior. He was to choice, that is their choice. But what no one cares anymore or will be able to do come home at the beginning of April; how- should not be their choice is to silence anything about it. I am a 41 year old woman, ever, he has now been extended for an addi- debate by a majority of Senators who (as of today), a military wife of 23 years and tional four months. oppose the escalation in Iraq. a mother of 3. My husband is a proud mem- My husband and I have been married for al- I think this is what got people so ber of the 1–133rd Infantry. This unit was most six years. He was in the US Army when upset and are calling and e-mailing my called up to serve in the Sinai for 9 months we married and then joined the Iowa Na- office. People in this country, in times from April 2003 until January of 2004. Just a tional Guard after exiting the service to con- of crisis such as this, are always way short 18 months later they were ripped away tinue to serve his country. My husband is 27 ahead of the politicians. They know from their families once again to be a part of years old. He has served eight years in the military. Before his deployment he was a that by voting against debating the Operation Iraqi Freedom. They are currently serving in Iraq and have been gone for 16 junior at Iowa State University majoring in war, the Republican Senators have months so far on this mission. The soldiers Community Regional Planning and had plans voted to endorse President Bush’s esca- and the families have finally been feeling to attend graduate school. lation of that war. like we were seeing the light at the end of Our lives have been put on hold during this It is one thing for Republican Sen- the tunnel. As the new year began we all deployment. We both went into the deploy- ators to ignore the Iraq Study Group’s started our countdown for our reunions ex- ment knowing that it would be difficult, but

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.066 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1619 we knew that our love would allow us to the Kurds. He said: Furthermore, Sen- stop the obstruction, allow the Senate make it through. Our motivation was the ator, it is a civil war waiting to hap- to debate the Warner resolution, and to ability to secure our future with financial pen, and there is nothing you can do have a vote. That is all we are asking freedom. about it. for. Vote your conscience. If people Think about that: ‘‘Our motivation Yes, maybe someone as ruthless as want to vote to support the escalation, was the ability to secure our future Saddam could put the lid on it for a if they want to speak on behalf of it, with financial freedom.’’ while. And we would hope they would that is their right as U.S. Senators. We planned to purchase our first house come to their senses and not have a But I hope they don’t realize they have with the money that we saved. civil war. They have had an election. a right to silence the voices of millions During his two-week leave in September, of Americans who are looking to us to we began building a new home. The house They have a parliament. And now it is was to be finished in February. This would time for the Iraqis to take matters into do something, to bring some reasoning, allow me time to move in and decorate just their own hands. The longer we are some rational discourse, and some in time for his return. It was PERFECT tim- there, the more involved we become, clear thinking to what is happening in ing. We would be able to pick up our lives the more it becomes America’s war Iraq and to confront the truth. and move on. against the Iraqis. As I said earlier, our young men and As you can imagine, we were both ex- I read the article in the Washington women are doing their duty. I know. I tremely disappointed to hear the news that Post this morning about how our have an e-mail I received the other day he would be extended for an additional four troops are now going door-to-door in from a young man in Iraq who has been months, already a longer time than any there for quite a while. I won’t use his other unit deployed to Iraq. Iraq, and they just bust in. They busted I have not only lost my husband. I have into the home of a woman who had a name because I didn’t ask his permis- lost my very best friend, my lover, my con- master’s degree in English translation, sion to use the e-mail. He said in his e- fident, my motivation and inspiration for whose husband was a major in the Iraqi mail that he—I am not sure of the life, that one person that knows and under- Army. And she said: Why didn’t you word—disagreed with the war. He said: stands me the most. I am sure you can relate just have the courtesy to knock? I This war is not winnable. The military to someone in your own life. would have let you in. cannot do this over here. But he is Sure, my wife. These soldiers are going into homes. doing his job. He is putting himself in Now imagine that person being torn away They are going into bedrooms and harm’s way day after day. They realize from you for two years and place them in looking under beds, tearing sheets off this is a bad mistake. You think we harm’s way in a war zone. I act tough to my the beds, looking through dressers of would start realizing it around here, husband so that he will have one less thing people who have nothing to do with the too. to worry about. However, it IS an act. I miss War is not the answer in Iraq. Diplo- him. I need him. I am falling apart. war. These are just civilians and they My intention is not to be rude, complain, happen to be caught in a zone. macy is, bringing in other countries. and say nasty comments. I am sure that you You wonder how they feel about us Does it mean we have to talk with receive enough of those types of letters. I after something like that happens. One Iran? I have no problem with that. The just pray that our story can give you a soldier was quoted in the paper this President once said he didn’t want to glimpse into our lives and the effect of the morning talking about his first tour of talk to Iran because they were our en- situation. I also pray that by hearing a per- Iraq right after the invasion. He said: emies. I guess all we want to talk to is sonal story you will reconsider and allow the our friends. If I disagree with someone 1–133 to return home to their families, their Things were fine. We went out with the children, their jobs, and continue their lives Iraqi people. Now I go over there and here, I want to talk to that person. I as American citizens. they spit at us, every one of them. want to find out why. Is there any way Sincerely, So the people of this country under- we can reach resolution? So we ought Nikole stand that this war was a terrible mis- to be talking with Syria and Jordan Mr. President, I took the time to take from the beginning. It has been and Iran, Iraq, of course, Turkey, read those three letters. If we do not not only a mistake and a lie to get into Syria—all the countries around there. speak for these families, who will? If it, it has been mismanaged from the We ought to be talking to them. And we are not allowed to debate here, are very beginning. It has cost over 3,000 of there ought to be a more concerted ef- their voices to be silenced? They do not our young men and women’s lives. How fort on the diplomatic side than there have the right to come here on the many Iraqi lives? I am told the count is is on the military side. We are putting Senate floor and speak. I have the now way over 50,000, maybe as high as too much on the military and not right to read their letters, with their 100,000, with millions more displaced enough on diplomacy. I would hope the permission, but why can’t we debate from their homes, going into Jordan. Iraqis would come to their senses and this and speak on behalf of them and so That is going to cause a lot of unrest in not engage in a civil war, but that is many other families in this country Jordan with all the displaced people their decision to make. We can’t make who want their stories told and who and refugees there. it for them. want an end to this quagmire in Iraq? The answer is not to continue this The longer we are there, the worse it They now know—people are so far miserable escalation the President becomes. The longer we are there, the ahead of us; they are so far ahead of wants to do. Everyone realizes this more and more Iraqis turn against us. the politicians around here—they know won’t do it. It is just going to cause More and more people in the Mideast what is happening. They know that more misery, more suffering, cost more turn against us. And more and more we Iraq was a lie; it was a mistake. They money, cost more lives. lose our standing in the world commu- know there was never any weapons of That is the kind of debate we want to nity. I daresay we have precious few mass destruction. They know now that have. But Republican Senators will not friends around the world today who are Saddam Hussein, however bad he was, allow us to have the debate or even to willing to stand with us. Prior to this was not involved in acts of terrorism have a vote on the resolution of dis- war, after 9/11, the entire world was on against the United States—against his approval. We have a duty to debate this our side. After those planes hit the own people but not against the United escalation, to speak up when we believe Twin Towers and the one hit the Pen- States. the President’s policy is wrong. We tagon and the one went down in Penn- They now know that what is hap- have a duty to speak up for families, sylvania which was probably coming pening in Iraq is a civil war. As I was such as the ones whose letters I read, here, the world was on our side. Coun- told some years ago by a person from and for the overwhelming majority of tries all over the world—Muslim na- the Emirates—close to there—he said Americans who oppose this new esca- tions were on our side. Even Iran sent to me: Senator, you have to understand lation. It is unconscionable that Re- out some feelers to go after the that Iraq was really three countries. It publicans leaders, at the behest of Taliban. They didn’t like the Taliban, is just a figment of the British imagi- President Bush, are refusing to allow either. And here we squandered it all, nation that they put it together in the the Senate to debate the escalation in with the whole world on our side 5 Treaty of Versailles after the First Iraq. It is time for them to listen to years ago. Now we would be hard- World War. He said: Really it is three the American people and the families pressed to find a few. They may be with countries, the Shias, the Sunnis, and of our troops in the field. It is time to us here and there on this or that, but

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.068 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1620 CONGRESSIONAL RECORD — SENATE February 6, 2007 we know what they are saying about I yield the floor and suggest the ab- Marty Wagner has had an exemplary our involvement in Iraq. We know what sence of a quorum. career working for the Federal Govern- they are saying about our standing in The PRESIDING OFFICER. The ment. Far removed from the apoc- the world community. We know that. clerk will call the roll. ryphal ‘‘faceless bureaucrat’’ that so It is going to take a long time to re- The legislative clerk proceeded to many of those who wrongly belittle our build it. The longer we persist in this call the roll. Federal workforce often refer to, Marty unconscionable, unwinnable quagmire Mr. REID. Mr. President, I ask unan- should serve as an example to us all in war in Iraq, the longer it is going to imous consent that the order for the how to best serve the people of this take us to get our standing back in the quorum call be rescinded. great country. Marty was a leader and word community. Try we must. We The PRESIDING OFFICER. Without a doer who accomplished much over need to bring this war to its conclu- objection, it is so ordered. the past three decades, and leaves the sion. f Federal Government a far better place It is not losing the war. People say: than how he found it. We can’t lose it. I wasn’t in the Senate, HONORING OUR ARMED FORCES Over his 31 years in the Federal civil but I was in the House of Representa- FIRST LIEUTENANT JACOB FRITZ service, Marty earned many honors and tives when the Vietnam war finally Mr. HAGEL. Mr. President, I rise to awards for his efforts to make the Fed- came to a close. We heard the same ar- express my sympathy over the loss of eral Government a better place to work guments then, that we can’t afford to U.S. Army 1LT Jacob Fritz of Ne- for all Federal employees. His service lose, that the whole of Southeast Asia braska. Lieutenant Fritz was killed has also resulted in a Federal Govern- would be in flames, communism would near Karbala, Iraq on January 20. He ment that is more caring and respon- take over the Philippines, communism was 25 years old. sive to the needs of the American pub- would take over Indonesia. We heard it Lieutenant Fritz was raised on his lic. time after time. Guess what. None of it family’s farm near Verdon, NE. From a Marty grew up in Tucson, AZ. In his happened. And you look back now and young age, Lieutenant Fritz knew he youth, he played guitar and sang folk you go down here to the Vietnam Me- wanted to be a leader. After graduating songs in old time ‘‘hootenannies.’’ He morial wall and you read those names from Dawson-Verdon High School in has a deep, recognizable voice, which and you think about their sacrifice, 2000, he followed through on this goal. would have served him well as a profes- families that were left behind, chil- I had the honor of nominating Lieuten- sional musician or radio persona. For- dren, loved ones. You wonder what for. ant Fritz to the U.S. Military Academy tunately for us, his career took a dif- What for? They served their country at West Point. He graduated from the ferent path and Marty became a dedi- proudly. They did their duty. But you Academy in 2005. His brother, Daniel cated, hard-working Federal em- wonder in the end, what was it for? Fritz, 22, followed in his footsteps and ployee—serving in a number of agen- I think, as we look back on this war is currently in his third year at West cies and departments over the past 31 in Iraq years from now, the thousands Point. Like his brother Jake, I had the years. of Americans who have lost their lives, privilege of nominating Dan to West Most of us who know and have we will ask that same question: What Point. worked with Mr. Wagner over the for? Why? War is not the answer. Esca- Lieutenant Fritz was leading a unit years, associate him with his almost lation is not the answer. We need to of more than 30 soldiers in Iraq since two decades of service with the General bring our troops home. Services Administration, GSA, where Those on the other side are saying we October. Lieutenant Fritz described his mission as a liaison between Iraqi po- he has been an innovative leader and ought to talk about cutting off fund- promoter of initiatives for improved ing. That is going to come. We are lice and the U.S. Army. He said the and more accessible information tech- going to have a supplemental appro- work was challenging, but rewarding. nology for Federal workers and the priations bill. It will be here probably Lieutenant Fritz was buried on Janu- public alike. Most recently, Marty has in the next couple months. I, for one, ary 31 with full military honors in a served as Deputy Commissioner of the am going to do everything I can to church cemetery 4 miles from his fam- make sure we have some kind of ily home near Verdon, NE. Family and new Federal Acquisition Service, FAS. amendment on that bill which will friends paid their final respects in a Prior to accepting this position, Mary limit the President’s ability to spend moving service that reminded all of the also served as Acting Commissioner the taxpayers’ money on the war in courage, commitment, and sacrifice of and Acting Deputy Commissioner of Iraq. After all, the Constitution gives soldiers like Lieutenant Fritz. As his FAS. However, Marty was also a leader us the power of the purse strings, not childhood friend Air Force 1LT Brett before his days at GSA, and I call to the President. If we want to say: Mr. Cooper remembered, a life of service to my colleagues attention just one of his President, you can spend the money to his country followed by a retirement to major accomplishments over his Fed- redeploy troops out of Iraq and to pro- the small town life that he loved was eral career. tect them while they are being de- all that Lieutenant Fritz wanted. Early on, Marty was an economic an- ployed, you can do that, but you can’t We’re proud of Lieutenant Fritz’s serv- alyst at the Environmental Protection spend any of that money to send any ice to our country as well as the serv- Agency. His outstanding work in the more troops there and put them in ice of thousands of brave Americans environmental arena proved to be in- harm’s way and have them going door who are currently serving in Iraq. valuable to the quality of the air we to door in Baghdad and have them be In addition to his brother Dan, Lieu- breathe. In addressing the economic shot at by snipers, we will have that tenant Fritz is survived by his parents impact of pending EPA regulations, opportunity when the supplemental ap- Lyle and Noala and his younger broth- Marty was instrumental in producing propriations bill comes before us. er Ethan. the findings that resulted in the first Right now is time for us as a Senate I ask my colleagues to join me and requirement to remove lead from gaso- to stand up and say whether we ap- all Americans in honoring 1LT Jacob line. I believe Marty could have retired prove of the escalation or disapprove. Fritz. at this point and have served his coun- Republican Senators on the other side try well but, fortunately, this was just f of the aisle won’t even give us that op- the first step in a long and distin- portunity. I hope they hear from more ADDITIONAL STATEMENTS guished career with the Federal Gov- families like the letters I just read. ernment. Maybe we will get that opportunity. It G. Martin Wagner was a masterful is time for us to quit shirking our re- RECOGNITION OF G. MARTIN manager and leader of innovative sponsibility, time for us to stand up WAGNER change within the Federal Govern- and say whether we are for the esca- ∑ Mr. LIEBERMAN. Mr. President, ment. The results of his untiring ef- lation. I, for one, am not. Maybe others today I honor G. Martin Wagner—a forts over the past 30 years are evident are for it. I think that is what we dedicated public servant who, on Janu- in numerous Federal programs, result- ought to debate, and that is what we ary 31, 2007, retired from Federal serving in a much more effective and effi- ought to vote on. ice after 31 years. cient Federal Government.

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.069 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1621 Throughout his career, Deputy Com- ducted to both the Alabama Military accompanying papers, reports, and doc- missioner Wagner has been a leader for Hall of Honor and the Alabama Law uments, and were referred as indicated: positive change and modernization. Enforcement Hall of Fame. EC–592. A communication from the Con- When you worked with Marty you His service to the Nation has been ex- gressional Review Coordinator, Animal and knew where you stood and that his po- ceptional, and Beasor Walker is more Plant Health Inspection Service, Department sitions were based upon his strong per- than deserving of this recognition. His of Agriculture, transmitting, pursuant to sonal beliefs in how best to serve the sacrifices are appreciated and impor- law, the report of a rule entitled ‘‘Emerald American public and the Federal em- tant to the freedom we enjoy every Ash Borer; Quarantined Areas; Michigan’’ (Docket No. APHIS–2006–0131) received on ployees that he managed and with day. I hope my colleagues will join me February 5, 2007; to the Committee on Agri- whom he worked. He is an honest, in thanking my friend Beasor Walker culture, Nutrition, and Forestry. straightforward individual who did not for his service to our Nation and to the EC–593. A communication from the Prin- shy away from challenges and difficult State of Alabama.∑ cipal Deputy Associate Administrator, Office issues but, rather, sought the middle f of Policy, Economics and Innovation, Envi- ground of compromise while always ronmental Protection Agency, transmitting, MESSAGE FROM THE HOUSE championing progress and better serv- pursuant to law, the report of a rule entitled ‘‘Avermectin; Pesticide Tolerances for Emer- ice. At 11:29 a.m., a message from the House of Representatives, delivered by gency Exemptions’’ (FRL No. 8110–8) received From his work on implementing the on February 5, 2007; to the Committee on Ag- gargantuan task of modernizing Fed- Ms. Niland, one of its reading clerks, riculture, Nutrition, and Forestry. eral telecommunications to his per- announced that the House has passed EC–594. A communication from the Prin- sonal crusade of making sure each and the following bills, in which it requests cipal Deputy Associate Administrator, Office every Federal worker was treated with the concurrence of the Senate: of Policy, Economics and Innovation, Envi- respect and provided opportunities for H.R. 433. An act to designate the facility of ronmental Protection Agency, transmitting, advancement, Marty Wagner has al- the United States Postal Service located at pursuant to law, the report of a rule entitled ways proved to be a capable and inno- 1700 Main Street in Little Rock, Arkansas, ‘‘Tris (2-ethylhexyl) Phosphate; Exemption from the Requirement of a Tolerance’’ (FRL vative leader. When we think of a gov- as the ‘‘Scipio A. Jones Post Office Build- ing’’. No. 8112–2) received on February 5, 2007; to ernment that is more efficient and ef- H.R. 514. An act to designate the facility of the Committee on Agriculture, Nutrition, fective, we need to pay our thanks to the United States Postal Service located at and Forestry. the good work of Deputy Commissioner 16150 Aviation Loop Drive in Brooksville, EC–595. A communication from the Sec- Wagner. Florida, as the ‘‘Sergeant Lea Robert Mills retary of the Air Force, transmitting, pursu- I am sure that Marty’s retirement Brooksville Aviation Branch Post Office’’. ant to law, a report relative to an Average from the Federal Government will not H.R. 577. An act to designate the facility of Procurement Unit Cost and a Program Ac- be the last we hear of him. Such an ac- the United States Postal Service located at quisition Unit Cost breach; to the Com- mittee on Armed Services. tive, well-rounded, intelligent indi- 3903 South Congress Avenue in Austin, Texas, as the ‘‘Sergeant Henry Ybarra III EC–596. A communication from the Deputy vidual is not going to just while away Post Office Building’’ . Secretary of Defense, transmitting, pursuant the hours but, rather, seek out new The message also announced that the to law, the Defense Advanced Research challenges and opportunities to help Projects Agency’s biennial strategic plan; to House has agreed to the following con- his country and fellow citizens. the Committee on Armed Services. current resolution, in which it requests G. Martin Wagner and his good work EC–597. A communication from the Prin- the concurrence of the Senate: will be missed but not forgotten.∑ cipal Deputy Associate Administrator, Office H. Con. Res. 35. Concurrent resolution sup- of Policy, Economics and Innovation, Envi- f porting the goals and ideals of National ronmental Protection Agency, transmitting, TRIBUTE IN HONOR OF BEASOR Black HIV/AIDS Awareness Day. pursuant to law, the report of a rule entitled WALKER f ‘‘Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Ad- ∑ Mr. SHELBY. Mr. President, today I MEASURES REFERRED ministrative Procedures’’ (FRL No . 8275–2) honor Mr. Beasor Walker, who has The following bills were read the first received on February 5, 2007; to the Com- lived a life of great service to our Na- and the second times by unanimous mittee on Agriculture, Nutrition, and For- estry. tion and to my hometown of Tusca- consent, and referred as indicated: loosa, AL. EC–598. A communication from the Admin- H.R. 433. An act to designate the facility of istrator, General Services Administration, Beasor was a celebrated soldier in the the United States Postal Service located at Second World War, where he fought in transmitting, pursuant to law, the Adminis- 1700 Main Street in Little Rock, Arkansas, tration’s Performance and Accountability the June 6, 1944, Invasion of Normandy. as the ‘‘Scipio A. Jones Post Office Build- Report for fiscal year 2006; to the Committee Despite a wound to his side, Beasor ing’’; to the Committee on Homeland Secu- on Homeland Security and Governmental Af- stayed with his unit during the dura- rity and Governmental Affairs. fairs. tion of the fight and was promoted to H.R. 514. An act to designate the facility of EC–599. A communication from the Senior company commander. Wounded again, the United States Postal Service located at Counsel, Federal Bureau of Investigation, he returned to his unit a second time 16150 Aviation Loop Drive in Brooksville, Department of Justice, transmitting, pursu- Florida, as the ‘‘Sergeant Lea Robert Mills ant to law, the report of a rule entitled ‘‘Im- in order to fight against the Nazis in Brooksville Aviation Branch Post Office’’; to the December 1944 Battle of the Bulge. plementation of the Private Security Officer the Committee on Homeland Security and Employment Authorization Act of 2004’’ It was during this offensive that he Governmental Affairs. (RIN1110–AA23) received on February 5, 2007; earned the Distinguished Service Cross, H.R. 577. An act to designate the facility of to the Committee on the Judiciary. two Silver Stars, three Bronze Stars, the United States Postal Service located at EC–600. A communication from the Chair- and two Purple Hearts. After 27 years 3903 South Congress Avenue in Austin, man, Federal Election Commission, trans- of distinguished service to the U.S. Texas, as the ‘‘Sergeant Henry Ybarra III mitting, pursuant to law, a report relative to Army, including time at Fort Jackson, Post Office Building’’; to the Committee on its budget request for fiscal year 2008; to the Homeland Security and Governmental Af- Committee on Rules and Administration. where he trained replacement troops fairs. for the Korean War, Beasor retired as a EC–601. A communication from the Legal The following concurrent resolution Advisor, Wireless Telecommunications Bu- colonel. was read, and referred as indicated: reau Broadband Division, Federal Commu- A graduate of the University of Ala- nications Commission, transmitting, pursu- bama, Beasor was elected sheriff of H. Con. Res. 35. Concurrent resolution supporting the goals and ideals of National ant to law, the report of a rule entitled ‘‘Re- Tuscaloosa County in 1970. He served as Black HIV/AIDS Awareness Day; to the Com- channelization of the 17.7–19.7 GHz Fre- sheriff until 1991, and during his mittee on Health, Education, Labor, and quency Band for Fixed Microwave Services lengthy tenure he was able to greatly Pensions. Under Part 101 of the Commission’s Rules’’ (WT Docket No. 04–143) received on February improve Tuscaloosa County. Beasor is f responsible for integrating the Sher- 5, 2007; to the Committee on Commerce, Science, and Transportation. iff’s Department, streamlining the EXECUTIVE AND OTHER COMMUNICATIONS EC–602. A communication from the Chief of homicide squads, and extensively Staff, Wireless Telecommunications Bureau, working to improve the Alabama Boys’ The following communications were Federal Communications Commission, trans- and Girls’ Ranch. Beasor has been in- laid before the Senate, together with mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.020 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1622 CONGRESSIONAL RECORD — SENATE February 6, 2007 entitled ‘‘Amendment of Part 97 of the Com- entitled ‘‘Airworthiness Directives; Sikorsky 800XP, and 1000 Airplanes’’ ((RIN2120– mission’s Rules to Implement WRC–03 Regu- Aircraft Corporation Model S–92A Heli- AA64)(Docket No. 2006–NM–118)) received on lations in WT Docket No. 05–235’’ (FCC 06- copters’’ ((RIN2120–AA64)(Docket No. 2006– February 2, 2007; to the Committee on Com- 178) received on February 5, 2007; to the Com- SW–03)) received on February 2, 2007; to the merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and EC–620. A communication from the Pro- tation. Transportation. gram Analyst, Federal Aviation Administra- EC–603. A communication from the Attor- EC–612. A communication from the Pro- tion, Department of Transportation, trans- ney Advisor, Wireline Competition Bureau, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Eurocopter France Model AS355E, F, F1, F2, entitled ‘‘Petition of Mid-Rivers Telephone entitled ‘‘Airworthiness Directives; Gulf- and N Helicopters’’ ((RIN2120–AA64)(Docket Cooperative, Incorporated for Order Declar- stream Aerospace LP Model Galaxy and No. 2003–SW–10)) received on February 2, ing it to be an Incumbent Local Exchange Model Gulfstream 200 Airplanes’’ ((RIN2120– 2007; to the Committee on Commerce, Carrier in Terry, Montana Pursuant to Sec- AA64)(Docket No. 2005–NM–175)) received on Science, and Transportation. tion 251(h)(2)’’ (FCC 06–132) received on Feb- February 2, 2007; to the Committee on Com- EC–621. A communication from the Pro- ruary 5, 2007; to the Committee on Com- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–613. A communication from the Pro- tion, Department of Transportation, trans- EC–604. A communication from the Legal gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Advisor to the Chief, Media Bureau, Federal tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Communications Commission, transmitting, mitting, pursuant to law, the report of a rule Eurocopter France Model EC130 B4 Heli- pursuant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Honey- copters’’ ((RIN2120–AA64)(Docket No. 2005– ‘‘Amendment of Section 73.202(b), Table of well International Inc. T5311A, T5311B, SW–41)) received on February 2, 2007; to the Allotments, FM Broadcast Stations T5313B, T5317A, T5317A–1, and T5317B Series Committee on Commerce, Science, and (Hennessey, Oklahoma)’’ (MB Docket No. 05– Turboshaft Engines and Lycoming Former Transportation. 85) received on February 5, 2007; to the Com- Military T53–L–11B, T53–L–11D, T53–L–13B, EC–622. A communication from the Pro- mittee on Commerce, Science, and Transpor- T53–L–13B/D, and T53–L–703 Series Turbo- gram Analyst, Federal Aviation Administra- tation. shaft Engines’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- EC–605. A communication from the Legal 98–ANE–72)) received on February 2, 2007; to mitting, pursuant to law, the report of a rule Advisor to the Chief, Media Bureau, Federal the Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; Communications Commission, transmitting, Transportation. Keokuk Municipal Airport, IA’’ ((RIN2120– pursuant to law, the report of a rule entitled EC–614. A communication from the Pro- AA66)(Docket No. 06–ACE–7)) received on ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- Allotments, FM Broadcast Stations (Opelika tion, Department of Transportation, trans- merce, Science, and Transportation. and Waverly, Alabama, and Amyrna, Geor- mitting, pursuant to law, the report of a rule EC–623. A communication from the Pro- gia)’’ (MB Docket No. 05–79) received on Feb- entitled ‘‘Airworthiness Directives; Bell Hel- gram Analyst, Federal Aviation Administra- ruary 5, 2007; to the Committee on Com- icopter Textron Canada Model 222, 222B, tion, Department of Transportation, trans- merce, Science, and Transportation. 222U, 230, and 430 Helicopters’’ ((RIN2120– mitting, pursuant to law, the report of a rule EC–606. A communication from the Legal AA64)(Docket No. 2006–SW–12)) received on entitled ‘‘Revision of Class E Airspace; Advisor to the Chief, Media Bureau, Federal February 2, 2007; to the Committee on Com- Huslia, AK’’ ((RIN2120–AA66)(Docket No. 06– Communications Commission, transmitting, merce, Science, and Transportation. AAL–13)) received on February 2, 2007; to the pursuant to law, the report of a rule entitled EC–615. A communication from the Pro- Committee on Commerce, Science, and ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- Transportation. Allotments, FM Broadcast Stations (Hale tion, Department of Transportation, trans- EC–624. A communication from the Pro- Center, Texas)’’ (MB Docket No. 05–114) re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ceived on February 5, 2007; to the Committee entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Model A319, A320, and A321 Airplanes’’ mitting, pursuant to law, the report of a rule EC–607. A communication from the Legal ((RIN2120–AA64)(Docket No. 2006–NM–011)) entitled ‘‘Modification of Legal Description Advisor to the Chief, Media Bureau, Federal received on February 2, 2007; to the Com- of Class D and E Airspace; Fairbanks, Fort Communications Commission, transmitting, mittee on Commerce, Science, and Transpor- Wainwright Army Airfield, AK’’ ((RIN2120– pursuant to law, the report of a rule entitled tation. AA66)(Docket No. 06–AAL–16)) received on ‘‘Amendment of Section 73.202(b), Table of EC–616. A communication from the Pro- February 2, 2007; to the Committee on Com- Allotments, FM Broadcast Stations (Colum- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. bus, Indiana)’’ (MB Docket No. 05–238) re- tion, Department of Transportation, trans- EC–625. A communication from the Pro- ceived on February 5, 2007; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–608. A communication from the Sec- Model 737–100, –200, –200C, –300, –400, and –500 mitting, pursuant to law, the report of a rule retary of the Federal Trade Commission, Series Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Modification of VOR Federal Air- transmitting, pursuant to law, the report of No. 2006–NM–109)) received on February 2, ways; and Establishment of Area Navigation a rule entitled ‘‘Commission Reporting Re- 2007; to the Committee on Commerce, Route; NC’’ ((RIN2120–AA66)(Docket No. 06– quirements Under Section 8 of the Clayton Science, and Transportation. ASO–1)) received on February 2, 2007; to the Act, 15 U.S.C. Sec. 19(a)5’’ (Billing Code 6750– EC–617. A communication from the Pro- Committee on Commerce, Science, and 01P) received on February 5, 2007; to the gram Analyst, Federal Aviation Administra- Transportation. Committee on Commerce, Science, and tion, Department of Transportation, trans- EC–626. A communication from the Pro- Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–609. A communication from the Deputy entitled ‘‘Airworthiness Directives; General tion, Department of Transportation, trans- Bureau Chief, Public Safety and Homeland Electric Company CF6 Series Turbofan En- mitting, pursuant to law, the report of a rule Security Bureau, Federal Communications gines’’ ((RIN2120–AA64)(Docket No. 95–ANE– entitled ‘‘Establishment of Area Navigation Commission, transmitting, pursuant to law, 10)) received on February 2, 2007; to the Com- Instrument Flight Rules Terminal Transi- the report of a rule entitled ‘‘Communica- mittee on Commerce, Science, and Transpor- tion Route T–210; Jacksonville, FL’’ tions Assistance for Law Enforcement Act tation. ((RIN2120–AA66)(Docket No. 05–ASO–10)) re- and Broadband Access and Services’’ (ET EC–618. A communication from the Pro- ceived on February 2, 2007; to the Committee Docket No. 04–295) received on February 5, gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 2007; to the Committee on Commerce, tion, Department of Transportation, trans- EC–627. A communication from the Pro- Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–610. A communication from the Attor- entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- ney, Pipeline and Hazardous Materials Safe- bardier Model CL–600–2B19 Airplanes’’ mitting, pursuant to law, the report of a rule ty Administration, Department of Transpor- ((RIN2120–AA64)(Docket No. 2004–NM–176)) entitled ‘‘Establishment of High Altitude tation, transmitting, pursuant to law, the re- received on February 2, 2007; to the Com- Area Navigation Routes; South Central port of a rule entitled ‘‘Hazardous Materials: mittee on Commerce, Science, and Transpor- United States’’ ((RIN2120–AA66)(Docket No. Transportation of Oxygen Cylinders and Ox- tation. 05–ASO–7)) received on February 2, 2007; to ygen Generators Aboard Aircraft’’ (RIN2137– EC–619. A communication from the Pro- the Committee on Commerce, Science, and AD33) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- Transportation. Committee on Commerce, Science, and tion, Department of Transportation, trans- EC–628. A communication from the Pro- Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–611. A communication from the Pro- entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Raytheon Model HS.125 Series 700A and 700B mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Airplanes; Model BAe.125 Series 800A, 800B, entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule 1000A, and 1000B Airplanes; and Hawker 800, Model 757–200 Series Airplanes Modified by

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.006 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1623 Supplemental Type Certificate SA979NE’’ EC–638. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; ((RIN2120–AA64)(Docket No. 2006–NM–099)) gram Analyst, Federal Aviation Administra- Homer , AK’’ ((RIN2120–AA66)(Docket No. 06– received on February 2, 2007; to the Com- tion, Department of Transportation, trans- AAL–25)) received on February 2, 2007; to the mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and tation. entitled ‘‘Airworthiness Directives; McDon- Transportation. EC–629. A communication from the Pro- nell Douglas Model DC–9–10, DC–9–20, DC–9– EC–647. A communication from the Pro- gram Analyst, Federal Aviation Administra- 30, DC–9–40, and DC–9–50 Series Airplanes; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Model DC–9–81, DC–9–82, DC–9–83, and DC–9–87 tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Airplanes; Model MD–88 Airplanes; Model mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Pratt MD–90–30 Airplanes; and Model 717–200 Air- entitled ‘‘Revision of Class E Airspace; Ko- and Whitney Canada PW535A Turboshaft En- planes’’ ((RIN2120–AA64)(Docket No. 2005– diak, AK’’ ((RIN2120–AA66)(Docket No. 06– gines’’ ((RIN2120–AA64)(Docket No. 2006–NE– NM–001)) received on February 2, 2007; to the AAL–26)) received on February 2, 2007; to the 07)) received on February 2, 2007; to the Com- Committee on Commerce, Science, and Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- Transportation. Transportation. tation. EC–639. A communication from the Pro- EC–648. A communication from the Pro- EC–630. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E Airspace; St. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; BAE Michael, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Air Trac- Systems Limited Model BAe 146 Airplanes tor, Inc. Model AT–501 Airplanes’’ ((RIN2120– 06–AAL–27)) received on February 2, 2007; to and Model Avro 146–RJ Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and AA64)(Docket No. 2006–CE–06)) received on AA64)(Docket No. 2005–NM–212)) received on February 2, 2007; to the Committee on Com- Transportation. February 2, 2007; to the Committee on Com- EC–649. A communication from the Pro- merce, Science, and Transportation. merce, Science, and Transportation. EC–631. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–640. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Tok mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Junction, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Boeing 06–AAL–28)) received on February 2, 2007; to BURKHART GROB LUFT–UND– Model 767–200, –300, and –300F Series Air- RAUMFAHRT GmbH and Co. KG, Model G the Committee on Commerce, Science, and planes’’ ((RIN2120–AA64)(Docket No. 2005– 103 C Twin III SL Sailplanes’’ ((RIN2120– Transportation. NM–099)) received on February 2, 2007; to the AA64)(Docket No. 2005–CE–16)) received on EC–650. A communication from the Pro- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–641. A communication from the Pro- EC–632. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Restricted Area tion, Department of Transportation, trans- tion, Department of Transportation, trans- 5601F; Fort Sill, OK’’ ((RIN2120– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule AA66)(Docket No. 05–ASW–3)) received on entitled ‘‘Airworthiness Directives; Saab entitled ‘‘Standard Instrument Approach February 2, 2007; to the Committee on Com- Model SAAB–Fairchild SF340A and SAAB merce, Science, and Transportation. Procedures (53)’’ ((RIN2120–AA65)(Amdt. No. EC–651. A communication from the Pro- 3172)) received on February 2, 2007; to the 340B Airplanes’’ ((RIN2120–AA64)(Docket No. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and 2005–NM–235)) received on February 2, 2007; to the Committee on Commerce, Science, and tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule EC–633. A communication from the Pro- Transportation. entitled ‘‘Establishment of Class D Airspace; gram Analyst, Federal Aviation Administra- EC–642. A communication from the Pro- Castle Airport, Atwater, CA’’ ((RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA66)(Docket No. 06–AWP–15)) received on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- February 2, 2007; to the Committee on Com- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Procedures (33)’’ ((RIN2120–AA65)(Amdt. No. entitled ‘‘Airworthiness Directives; Airbus Model A319–100, A320–200, A321–100, and A321– EC–652. A communication from the Pro- 3167)) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and 200 Series Airplanes’’ ((RIN2120– AA64)(Docket No. 2005–NM–087)) received on tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule EC–634. A communication from the Pro- February 2, 2007; to the Committee on Com- merce, Science, and Transportation. entitled ‘‘Establishment of Alaskan High Al- gram Analyst, Federal Aviation Administra- titude Reporting Points; AK’’ ((RIN2120– tion, Department of Transportation, trans- EC–643. A communication from the Pro- gram Analyst, Federal Aviation Administra- AA66)(Docket No. 06–AAL–36)) received on mitting, pursuant to law, the report of a rule February 2, 2007; to the Committee on Com- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, transmitting, pursuant to law, the report of a rule merce, Science, and Transportation. Procedures (11)’’ ((RIN2120–AA65)(Amdt. No. EC–653. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bom- 3166)) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- bardier Model CL–600–2B19 Airplanes’’ Committee on Commerce, Science, and tion, Department of Transportation, trans- Transportation. ((RIN2120–AA64)(Docket No. 2005–NM–215)) mitting, pursuant to law, the report of a rule EC–635. A communication from the Pro- received on February 2, 2007; to the Com- entitled ‘‘Re-Designation of VOR Federal gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Airway V–431; Alaska’’ ((RIN2120– tion, Department of Transportation, trans- tation. AA66)(Docket No. 06–AAL–18)) received on mitting, pursuant to law, the report of a rule EC–644. A communication from the Pro- February 2, 2007; to the Committee on Com- entitled ‘‘Part 95 Instrument Flight Rules gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. (27)’’ ((RIN2120–AA63)(Amdt. No. 461)) re- tion, Department of Transportation, trans- EC–654. A communication from the Pro- ceived on February 2, 2007; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–636. A communication from the Pro- Model 747–200B, 747–200C, 747–200F, 747–300, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 747–400, and 747SP Series Airplanes’’ entitled ‘‘Revision of Class E Airspace; tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2005–NM–223)) Sheridan, WY’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule received on February 2, 2007; to the Com- 06–ANM–4)) received on February 2, 2007; to entitled ‘‘Modification of Class E Airspace; mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and Scottsbluff, Western Nebraska Regional Air- tation. Transportation. port/William B. Heilig Field, NE’’ ((RIN2120– EC–645. A communication from the Pro- EC–655. A communication from the Pro- AA66)(Docket No. 06–ACE–5)) received on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–637. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; Per- entitled ‘‘Change of Using Agency for Re- gram Analyst, Federal Aviation Administra- ryville, AK’’ ((RIN2120–AA66)(Docket No. 06– stricted Area R2202; Big Delta, AK’’ tion, Department of Transportation, trans- AAL–15)) received on February 2, 2007; to the ((RIN2120–AA66)(Docket No. 06–AAL–33)) re- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and ceived on February 2, 2007; to the Committee entitled ‘‘Establishment of Class D Airspace; Transportation. on Commerce, Science, and Transportation. Eastman, GA; Correction’’ ((RIN2120– EC–646. A communication from the Pro- EC–656. A communication from the Pro- AA66)(Docket No. 06–ASO–9)) received on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.008 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1624 CONGRESSIONAL RECORD — SENATE February 6, 2007 entitled ‘‘Change of Controlling Agency and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Using Agency for Restricted Area R–6608A, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule B, and C; Quantico, VA’’ ((RIN2120– entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Boeing AA66)(Docket No. 06–ASO–12)) received on Procedures (45)’’ ((RIN2120–AA65)(Amdt. No. Model 767 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- 3198)) received on February 2, 2007; to the AA64)(Docket No. 2006–NM–093)) received on merce, Science, and Transportation. Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- EC–657. A communication from the Pro- Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–667. A communication from the Pro- EC–676. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Kokhanok, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Airbus 06–AAL–19)) received on February 2, 2007; to Procedures (31)’’ ((RIN2120–AA65)(Amdt. No. Model A300 Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and 3199)) received on February 2, 2007; to the AA64)(Docket No. 2006–NM–143)) received on Transportation. Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- EC–658. A communication from the Pro- Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–668. A communication from the Pro- EC–677. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Iliamna, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Modification of the Class B Air- entitled ‘‘Airworthiness Directives; Gulf- 06–AAL–21)) received on February 2, 2007; to space Area; Atlanta, GA’’ ((RIN2120– stream Model G–159 Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and AA66)(Docket No. 06–AWA–1)) received on AA64)(Docket No. 96–NM–143)) received on Transportation. February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- EC–659. A communication from the Pro- merce, Science, and Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–669. A communication from the Pro- EC–678. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Removal of Class E Airspace; Cedar mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Springs, GA’’ ((RIN2120–AA66)(Docket No. 06– entitled ‘‘Airworthiness Directives; Hartzell entitled ‘‘Part 95 Instrument Flight Rules ASO–15)) received on February 2, 2007; to the Propeller Inc. Propellers and McCauley Pro- (28)’’ ((RIN2120–AA63)(Amdt. No. 465)) re- Committee on Commerce, Science, and peller Systems Controllable Propellers’’ ceived on February 2, 2007; to the Committee Transportation. ((RIN2120–AA64)(Docket No. 2005–NE–01)) re- on Commerce, Science, and Transportation. EC–660. A communication from the Pro- ceived on February 2, 2007; to the Committee EC–679. A communication from the Pro- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–670. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Hoo- entitled ‘‘Establishment of Class D Airspace; mitting, pursuant to law, the report of a rule per Bay, AK’’ ((RIN2120–AA66)(Docket No. 06– Ft. Riley, KS’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Pilatus AAL–14)) received on February 2, 2007; to the 06–ACE–9)) received on February 2, 2007; to Aircraft Ltd. Model PC–7 Airplanes’’ Committee on Commerce, Science, and the Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. 2006–CE–42)) re- Transportation. Transportation. ceived on February 2, 2007; to the Committee EC–661. A communication from the Pro- EC–680. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–671. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Part 95 Instrument Flight Rules mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa (23)’’ ((RIN2120–AA63)(Amdt. No. 464)) re- entitled ‘‘Airworthiness Directives; Pratt Brasileira de Aeronautica S.A. Model EMB– ceived on February 2, 2007; to the Committee and Whitney PW4074, PW4074D, PW4077, 135ER and –135KE Airplanes; and Model on Commerce, Science, and Transportation. PW4077D, PW4084D, PW4090, PW4090–3, and EMB–145, –145ER, –145MR, –145MP, and EC–662. A communication from the Pro- PW4098 and Turbofan Engines’’ ((RIN2120– –145EP Airplanes’’ ((RIN2120–AA64)(Docket gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2006–NE–13)) received on No. 2006–NM–095)) received on February 2, tion, Department of Transportation, trans- February 2, 2007; to the Committee on Com- 2007; to the Committee on Commerce, mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Science, and Transportation. entitled ‘‘Standard Instrument Approach EC–672. A communication from the Pro- EC–681. A communication from the Pro- Procedures (15)’’ ((RIN2120–AA65)(Amdt. No. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 3195)) received on February 2, 2007; to the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Transportation. entitled ‘‘Airworthiness Directives; McDon- entitled ‘‘Airworthiness Directives; Fokker EC–663. A communication from the Pro- nell Douglas Model DC–9–10 Series Airplanes; Model F27 Mark 500 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- DC–9–20 Series Airplanes; DC–9–30 Series Air- AA64)(Docket No. 2006–NM–019)) received on tion, Department of Transportation, trans- planes; DC–9–40 Series Airplanes; and DC–9– February 2, 2007; to the Committee on Com- mitting, pursuant to law, the report of a rule 50 Series Airplanes’’ ((RIN2120–AA64)(Docket merce, Science, and Transportation. entitled ‘‘Standard Instrument Approach No. 2002–NM–349)) received on February 2, EC–682. A communication from the Pro- Procedures (46)’’ ((RIN2120–AA64)(Amdt. No. 2007; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- 3192)) received on February 2, 2007; to the Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–673. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; McDon- EC–664. A communication from the Pro- tion, Department of Transportation, trans- nell Douglas Model MD–11F Airplanes’’ gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2006–NM–220)) tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cirrus received on February 2, 2007; to the Com- mitting, pursuant to law, the report of a rule Design Corporation Models SR20 and SR22 mittee on Commerce, Science, and Transpor- entitled ‘‘Standard Instrument Approach Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– tation. Procedures (113)’’ ((RIN2120–AA65)(Amdt. No. CE–14)) received on February 2, 2007; to the EC–683. A communication from the Pro- 3196)) received on February 2, 2007; to the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Transportation. tion, Department of Transportation, trans- Transportation. EC–674. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–665. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Lock- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- heed Model L–1011 Series Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2006–NM–123)) mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa received on February 2, 2007; to the Com- entitled ‘‘Standard Instrument Approach Brasileira de Aeronautica S.A. Model EMB– mittee on Commerce, Science, and Transpor- Procedures (22)’’ ((RIN2120–AA65)(Amdt No. 135BJ and EMB–145XR Airplanes’’ ((RIN2120– tation. 3197)) received on February 2 , 2007; to the AA64)(Docket No. 2004–NM–36)) received on EC–684. A communication from the Pro- Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- Transportation. merce, Science, and Transportation. tion, Department of Transportation, trans- EC–666. A communication from the Pro- EC–675. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; BAE

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.011 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1625 Systems Limited Model BAe 146 and Avro entitled ‘‘Establishment of Class D Airspace; AA64)(Docket No. 2006–NM–075)) received on 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket Heart of Georgia Regional Airport, Eastman, February 2, 2007; to the Committee on Com- No. 2006–NM–137)) received on February 2, GA’’ ((RIN2120–AA66)(Docket No. 06–ASO–9)) merce, Science, and Transportation. 2007; to the Committee on Commerce, received on February 2, 2007; to the Com- EC–703. A communication from the Pro- Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–685. A communication from the Pro- tation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–694. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model 747 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule AA64)(Docket No. 2005–NM–205)) received on Model 747–100, 747–100B, 747–100B SUD, 747– entitled ‘‘Amendment to Jet Route and Col- February 2, 2007; to the Committee on Com- 200B, 747–300, 747–400, 747–400D, and 747SR Se- ored Federal Airways; Alaska’’ ((RIN2120– merce, Science, and Transportation. ries Airplanes’’ ((RIN2120–AA64)(Docket No. AA66)(Docket No. 06–AAL–32)) received on EC–704. A communication from the Pro- 2006–NM–116)) received on February 2, 2007; to February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and merce, Science, and Transportation. tion, Department of Transportation, trans- Transportation. EC–695. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–686. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Turbomeca Turmo IV A and IV C Series Tur- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule boshaft Engines’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; No. 99–NE–12)) received on February 2, 2007; entitled ‘‘Airworthiness Directives; Boeing Bethel Regional Airport, ME’’ ((RIN2120– to the Committee on Commerce, Science, Model 747 Airplanes’’ ((RIN2120– AA66)(Docket No. 06–ANE–02)) received on and Transportation. AA64)(Docket No. 2006–NM–234)) received on February 2, 2007; to the Committee on Com- EC–705. A communication from the Pro- February 2, 2007; to the Committee on Com- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–696. A communication from the Pro- tion, Department of Transportation, trans- EC–687. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; BAE tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Systems Limited Model BAe 146 and Avro mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Airworthiness Directives; Airbus Newton Field, ME’’ ((RIN2120–AA66)(Docket No. 2006–NM–136)) received on February 2, Model A330–200, A330–300, A340–200, and A340– No. 06–ANE–01)) received on February 2, 2007; 2007; to the Committee on Commerce, 300 Series Airplanes’’ ((RIN2120– to the Committee on Commerce, Science, Science, and Transportation. AA64)(Docket No. 2001–NM–381)) received on and Transportation. EC–706. A communication from the Pro- February 2, 2007; to the Committee on Com- EC–697. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–688. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- entitled ‘‘Revision to Class E Airspace; Royce, plc RB211 Trent 768–60, 772–60, and mitting, pursuant to law, the report of a rule Mountain Home, ID’’ ((RIN2120– 772B–60 Turbofan Engines’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Air Trac- AA66)(Docket No. 06–AWP–4)) received on AA64)(Docket No. 2006–NE–30)) received on tor, Inc. Model AT–602 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- AA64)(Docket No. 2004–CE–50)) received on merce, Science, and Transportation. merce, Science, and Transportation. February 2, 2007; to the Committee on Com- EC–698. A communication from the Pro- EC–707. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–689. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives; BAE mitting, pursuant to law, the report of a rule Honolulu International Airport, HI’’ Systems Limited Model BAe 146 and Avro entitled ‘‘Airworthiness Directives; Stemme ((RIN2120–AA66)(Docket No. 06–AWP–9)) re- 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket GmbH and Co. AG Model STEMME S10–VT ceived on February 2, 2007; to the Committee No. 2006–NM–086)) received on February 2, Sailplanes’’ ((RIN2120–AA64)(Docket No. on Commerce, Science, and Transportation. 2007; to the Committee on Commerce, 2006–CE–32)) received on February 2, 2007; to EC–699. A communication from the Pro- Science, and Transportation. the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- EC–708. A communication from the Pro- Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–690. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model A330 Airplanes and Model A340–200 and entitled ‘‘Airworthiness Directives; BAE mitting, pursuant to law, the report of a rule –300 Series Airplanes’’ ((RIN2120– Systems Limited Model BAe 146 Airplanes’’ entitled ‘‘Airworthiness Directives; Cessna AA64)(Docket No. 2006–NM–134)) received on ((RIN2120–AA64)(Docket No. 2006–NM–138)) Model 750 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- received on February 2, 2007; to the Com- AA64)(Docket No. 2006–NM–229)) received on merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- February 2, 2007; to the Committee on Com- EC–700. A communication from the Pro- tation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–709. A communication from the Pro- EC–691. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Rolls- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Royce plc Trent 768–60, Trent 772–60, and entitled ‘‘Airworthiness Directives; Cessna entitled ‘‘Airworthiness Directives; Boeing Trent 772B–60 Turbofan Engines’’ ((RIN2120– Model 750 Airplanes’’ ((RIN2120– Model 747–100, 747–100B, 747–200B, 747–200C, AA64)(Docket No. 2006–NE–29)) received on AA64)(Docket No. 2006–NM–231)) received on 747–200F, 747SR, and 747SP Series Airplanes’’ February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- ((RIN2120–AA64)(Docket No. 2005–NM–253)) merce, Science, and Transportation. merce, Science, and Transportation. received on February 2, 2007; to the Com- EC–701. A communication from the Pro- EC–710. A communication from the Pro- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–692. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; entitled ‘‘Airworthiness Directives; Dowty tion, Department of Transportation, trans- Raytheon Aircraft Company Models C90A, Propellers R321/4–82–F/8; R324/4–82–F/9; R333/ mitting, pursuant to law, the report of a rule B200, B200C, B300, and B300C Airplanes’’ 4–82–F/12; and R334/4–82–F/13 Propellers’’ entitled ‘‘Change of Using Agency for Re- ((RIN2120–AA64)(Docket No. 2006–CE–34)) re- ((RIN2120–AA64)(Docket No. 2006–NE–40)) restricted Areas R–3008A, B, C, and D; Grand ceived on February 2, 2007; to the Committee ceived on February 2, 2007; to the Committee Bay Weapons Range, GA’’ ((RIN2120– on Commerce, Science, and Transportation. on Commerce, Science, and Transportation. AA66)(Docket No. 06–ASO–16)) received on EC–702. A communication from the Pro- EC–711. A communication from the Pro- February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–693. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Airworthiness Directives; Diamond tion, Department of Transportation, trans- Model A300 Airplanes, Equipped with General Aircraft Industries GmbH Model DA 40 Air- mitting, pursuant to law, the report of a rule Electric CF6–50 Series Engines’’ ((RIN2120– planes’’ ((RIN2120–AA64)(Docket No. 2006–CE–

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.013 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1626 CONGRESSIONAL RECORD — SENATE February 6, 2007 57)) received on February 2, 2007; to the Com- EXECUTIVE REPORTS OF purposes; to the Committee on Foreign Rela- mittee on Commerce, Science, and Transpor- COMMITTEES tions. tation. By Mrs. BOXER: EC–712. A communication from the Pro- The following executive reports of S. 493. A bill to designate certain public gram Analyst, Federal Aviation Administra- nominations were submitted: land as wilderness and certain rivers as wild tion, Department of Transportation, trans- By Mr. LEVIN for the Committee on and scenic rivers in the State of California, mitting, pursuant to law, the report of a rule Armed Services. to designate Salmon Restoration Areas, to entitled ‘‘Airworthiness Directives; Societe Army nomination of Gen. George W. Casey, establish the Sacramento River National de Motorisations Aeronautiques SR305–230 Jr. to be General. Recreation Area and Ancient Bristlecone and SR305–230–1 Reciprocating Engines’’ Navy nomination of Adm. William J. Pine Forest, and for other purposes; to the ((RIN2120–AA64)(Docket No. 2006–NE–36)) re- Fallon to be Admiral. Committee on Energy and Natural Re- ceived on February 2, 2007; to the Committee Air Force nomination of Brig. Gen. Thom- sources. on Commerce, Science, and Transportation. as W. Travis to be Major General. By Mr. LUGAR: EC–713. A communication from the Pro- Air Force nomination of Col. David H. Cyr S. 494. A bill to endorse further enlarge- gram Analyst, Federal Aviation Administra- to be Brigadier General. ment of the North Atlantic Treaty Organiza- tion, Department of Transportation, trans- Air Force nomination of Col. Douglas J. tion (NATO) and to facilitate the timely ad- mitting, pursuant to law, the report of a rule Robb to be Brigadier General. mission of new members to NATO, and for entitled ‘‘Standard Instrument Approach Air Force nominations beginning with other purposes; to the Committee on Foreign Procedures (43)’’ ((RIN2120–AA65)(Amdt. No. Brigadier General Frank J. Casserino and Relations. 3193)) received on February 2, 2007; to the ending with Colonel John T. Winters, Jr., By Mr. LEAHY (for himself, Mr. SPEC- Committee on Commerce, Science, and which nominations were received by the Sen- TER, Mr. FEINGOLD, Mr. SCHUMER, and Transportation. ate and appeared in the Congressional Mr. SANDERS): EC–714. A communication from the Pro- Record on January 18, 2007. S. 495. A bill to prevent and mitigate iden- gram Analyst, Federal Aviation Administra- Army nomination of Lt. Gen. James M. tity theft, to ensure privacy, to provide no- tion, Department of Transportation, trans- Dubik to be Lieutenant General. tice of security breaches, and to enhance mitting, pursuant to law, the report of a rule Mr. LEVIN. Mr. President, for the criminal penalties, law enforcement assist- entitled ‘‘Standard Instrument Approach ance, and other protections against security Committee on Armed Services I report breaches, fraudulent access, and misuse of Procedures (27)’’ ((RIN2120–AA65)(Amdt. No. favorably the following nomination 3194)) received on February 2, 2007; to the personally identifiable information; to the Committee on Commerce, Science, and lists which were printed in the Committee on the Judiciary. Transportation. RECORDS on the dates indicated, and By Mr. VOINOVICH (for himself, Mrs. EC–715. A communication from the Pro- ask unanimous consent, to save the ex- CLINTON, Mr. WARNER, Mr. BYRD, Mr. gram Analyst, Federal Aviation Administra- pense of reprinting on the Executive LOTT, Mr. BROWN, Mr. COCHRAN, Mr. tion, Department of Transportation, trans- Calendar that these nominations lie at SCHUMER, Mr. BURR, Mr. CARDIN, Ms. mitting, pursuant to law, the report of a rule the Secretary’s desk for the informa- MIKULSKI, Mrs. DOLE, Mr. ALEX- ANDER, Mr. SHELBY, and Mr. entitled ‘‘Airworthiness Directives; Air Trac- tion of Senators. tor, Inc. Models AT–502, AT–502A, AT–502B, GRAHAM): The PRESIDING OFFICER. Without S. 496. A bill to reauthorize and improve AT–602, AT–802, and AT–802A Airplanes’’ objection, it is so ordered. the program authorized by the Appalachian ((RIN2120–AA64)(Docket No. 2006–CE–37)) re- Regional Development Act of 1965; to the ceived on February 2, 2007; to the Committee Air Force nominations beginning with Mi- Committee on Environment and Public on Commerce, Science, and Transportation. chael D. Jacobson and ending with Terrill L. Works. EC–716. A communication from the Pro- Tops, which nominations were received by the Senate and appeared in the Congres- By Mrs. BOXER: gram Analyst, Federal Aviation Administra- S. 497. A bill to repeal a prohibition on the tion, Department of Transportation, trans- sional Record on January 18, 2007. Air Force nominations beginning with Stu- use of certain funds for tunneling in certain mitting, pursuant to law, the report of a rule areas with respect to the Los Angeles to San entitled ‘‘Airworthiness Directives; Boeing art C. Calle and ending with Edwin O. Rodriguezpagan, which nominations were re- Fernando Valley Metro Rail project, Cali- Model 757 Airplanes’’ ((RIN2120– fornia; to the Committee on Banking, Hous- AA64)(Docket No. 2005–NM–174)) received on ceived by the Senate and appeared in the Congressional Record on January 18, 2007. ing, and Urban Affairs. February 2, 2007; to the Committee on Com- By Mr. FEINGOLD (for himself and Ms. merce, Science, and Transportation. By Mr. ROCKEFELLER for the Select Committee on Intelligence. COLLINS): EC–717. A communication from the Sec- S. 498. A bill to amend title XVIII of the retary, Bureau of Competition, Federal *J. Michael McConnell, of Virginia, to be Director of National Intelligence. Social Security Act to improve the Medicare Trade Commission, transmitting, pursuant program for beneficiaries residing in rural to law, the report of a rule entitled ‘‘Notice *Nomination was reported with rec- areas; to the Committee on Finance. Announcing 2007 Adjusted Thresholds for ommendation that it be confirmed sub- By Mr. SALAZAR (for himself and Mr. Clayton Act 7A’’ (RIN3084–AA91) received on ject to the nominee’s commitment to ALLARD): February 1, 2007; to the Committee on Com- respond to requests to appear and tes- S. 499. A bill to amend the Internal Rev- merce, Science, and Transportation. tify before any duly constituted com- enue Code of 1986 to allow section 1031 treat- EC–718. A communication from the Attor- ment for exchanges involving certain mutual ney Advisor, Pipeline and Hazardous Mate- mittee of the Senate. (Nominations without an asterisk ditch, reservoir, or irrigation company rials Safety Administration, Department of stock; to the Committee on Finance. Transportation, transmitting, pursuant to were reported with the recommenda- By Mr. SALAZAR (for himself, Mr. law, the report of a rule entitled ‘‘Hazardous tion that they be confirmed.) MARTINEZ, Mr. MENENDEZ, Mr. BAYH, Materials: Harmonization with the United f Mr. BIDEN, Mr. BINGAMAN, Mrs. Nations Recommendations, International BOXER, Mr. DOMENICI, Mr. DURBIN, Maritime Dangerous Goods Code, and Inter- INTRODUCTION OF BILLS AND Mrs. FEINSTEIN, Mrs. HUTCHISON, Mr. national Civil Aviation Organization’s Tech- JOINT RESOLUTIONS KENNEDY, Mr. KERRY, Mr. LAUTEN- nical Instructions’’ (RIN2137–AE16) received The following bills and joint resolu- BERG, Mr. LIEBERMAN, Mr. LUGAR, on February 2, 2007; to the Committee on Mr. MCCAIN, Mr. NELSON of Florida, Commerce, Science, and Transportation. tions were introduced, read the first and second times by unanimous con- Mr. OBAMA, Mr. REID, Mr. SCHUMER, EC–719. A communication from the Para- Mr. BROWN, Mr. FEINGOLD, and Mrs. legal, Federal Transit Administration, De- sent, and referred as indicated: CLINTON): partment of Transportation, transmitting, By Mr. SCHUMER (for himself, Mrs. S. 500. A bill to establish the Commission pursuant to law, the report of a rule entitled CLINTON, Mr. BUNNING, and Mr. to Study the Potential Creation of the Na- ‘‘Emergency Procedures for Public Transpor- BYRD): tional Museum of the American Latino to tation Systems’’ (RIN2132–AA89) received on S. 491. A bill to clarify the rules of origin develop a plan of action for the establish- February 2, 2007; to the Committee on Com- for certain textile and apparel products; to ment and maintenance of a National Mu- merce, Science, and Transportation. the Committee on Finance. seum of the American Latino in Washington, EC–720. A communication from the Regula- By Mr. FEINGOLD (for himself, Mr. DC, and for other purposes; to the Com- tion Officer, Federal Highway Administra- COLEMAN, and Ms. KLOBUCHAR): mittee on Energy and Natural Resources. tion, Department of Transportation, trans- S. 492. A bill to promote stabilization and By Mr. KYL: mitting, pursuant to law, the report of a rule reconstruction efforts in Somalia, to estab- S. 501. A bill to the relief of Ilko Vasilev entitled ‘‘Traffic Control Devices on Federal- lish a Special Envoy for Somalia to strength- Ivanov, Anelia Marinova Peneva, Marina Aid and Other Streets and Highways; Stand- en United States support to the people of So- Ilkova Ivanova, and Julia Ilkova Ivanova; to ards’’ (RIN2125–AF16) received on February 2, malia in their efforts to establish a lasting the Committee on the Judiciary. 2007; to the Committee on Commerce, peace and form a democratically elected and By Mr. CRAPO (for himself, Mr. Science, and Transportation. stable central government, and for other MCCONNELL, Mr. LOTT, Mr. KYL, Mr.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.016 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1627 SMITH, Mr. BUNNING, Mr. ENSIGN, Mr. S. Res. 73. A resolution designating Feb- the Tariff Act of 1930 to prohibit the CRAIG, Mr. VITTER, Mr. DEMINT, Mr. ruary 6, 2007, as ‘‘Ronald Reagan Day’’; con- import, export, and sale of goods made SUNUNU, Mr. BURR, Mr. ENZI, Mr. sidered and agreed to. with sweatshop labor, and for other ROBERTS, Mr. BOND, Mr. ALLARD, and By Ms. LANDRIEU: purposes. Mr. HAGEL): S. Con. Res. 9. A concurrent resolution S. 502. A bill to repeal the sunset on the re- celebrating the contributions of the archi- S. 380 duction of capital gains rates for individuals tectural profession during ‘‘National Archi- At the request of Mr. WYDEN, the and on the taxation of dividends of individ- tecture Week’’; to the Committee on the Ju- name of the Senator from Florida (Mr. uals at capital gains rates; to the Committee diciary. NELSON) was added as a cosponsor of S. on Finance. f 380, a bill to reauthorize the Secure By Mrs. DOLE (for herself, Mr. NELSON Rural Schools and Community Self-De- of Florida, Mr. BURR, Mr. GRAHAM, ADDITIONAL COSPONSORS termination Act of 2000, and for other Mr. CHAMBLISS, Mr. ISAKSON, Mr. S. 43 LOTT, Mr. COCHRAN, and Mr. MAR- purposes. NSIGN TINEZ): At the request of Mr. E , the S. 388 S. 503. A bill to establish the SouthEast name of the Senator from Idaho (Mr. At the request of Mr. THUNE, the Crescent Authority, and for other purposes; CRAPO) was added as a cosponsor of S. name of the Senator from Nevada (Mr. to the Committee on Environment and Pub- 43, a bill to amend title II of the Social ENSIGN) was added as a cosponsor of S. lic Works. Security Act to preserve and protect 388, a bill to amend title 18, United By Mr. SMITH: Social Security benefits of American S. 504. A bill to amend the Internal Rev- States Code, to provide a national workers and to help ensure greater standard in accordance with which enue Code of 1986 to establish long-term care congressional oversight of the Social trust accounts and allow a refundable tax nonresidents of a State may carry con- credit for contributions to such accounts, Security system by requiring that both cealed firearms in the State. Houses of Congress approve a total- and for other purposes; to the Committee on S. 430 Finance. ization agreement before the agree- At the request of Mr. LEAHY, the By Ms. COLLINS (for herself, Mr. WAR- ment, giving foreign workers Social names of the Senator from Oregon (Mr. NER, Ms. LANDRIEU, Mr. COLEMAN, Mr. Security benefits, can go into effect. VITTER, Mr. SMITH, and Mr. NELSON SMITH), the Senator from Iowa (Mr. S. 55 of Nebraska): HARKIN), the Senator from Louisiana S. 505. A bill to amend the Internal Rev- At the request of Mr. BAUCUS, the (Ms. LANDRIEU), the Senator from Ohio enue Code of 1986 to increase the above-the- name of the Senator from Kansas (Mr. (Mr. BROWN) and the Senator from Illi- line deduction for teacher classroom supplies ROBERTS) was added as a cosponsor of nois (Mr. DURBIN) were added as co- and to expand such deduction to include S. 55, a bill to amend the Internal Rev- sponsors of S. 430, a bill to amend title qualified professional development expenses; enue Code of 1986 to repeal the indi- 10, United States Code, to enhance the to the Committee on Finance. vidual alternative minimum tax. By Mr. LAUTENBERG (for himself, national defense through empowerment S. 65 Ms. SNOWE, and Mrs. BOXER): of the Chief of the National Guard Bu- S. 506. A bill to improve efficiency in the At the request of Mr. INHOFE, the reau and the enhancement of the func- Federal Government through the use of high- name of the Senator from Georgia (Mr. tions of the National Guard Bureau, performance green buildings, and for other ISAKSON) was added as a cosponsor of S. and for other purposes. purposes; to the Committee on Environment 65, a bill to modify the age-60 standard S. 435 and Public Works. for certain pilots and for other pur- At the request of Mr. BINGAMAN, the By Mr. CONRAD (for himself, Ms. COL- poses. LINS, Ms. CANTWELL, and Mr. DUR- name of the Senator from New York S. 206 BIN): (Mrs. CLINTON) was added as a cospon- S. 507. A bill to amend title XVIII of the At the request of Mrs. FEINSTEIN, the sor of S. 435, a bill to amend title 49, Social Security Act to provide for reim- name of the Senator from Ohio (Mr. United States Code, to preserve the es- bursement of certified midwife services and BROWN) was added as a cosponsor of S. sential air service program. to provide for more equitable reimbursement 206, a bill to amend title II of the So- S. 439 rates for certified nurse-midwife services; to cial Security Act to repeal the Govern- At the request of Mr. REID, the name the Committee on Finance. ment pension offset and windfall elimi- By Mr. GRASSLEY: of the Senator from New York (Mrs. S. 508. A bill to amend the Congressional nation provisions. CLINTON) was added as a cosponsor of S. Accountability Act of 1995 to apply whistle- S. 254 439, a bill to amend title 10, United blower protections available to certain exec- At the request of Mr. ENZI, the names States Code, to permit certain retired utive branch employees to legislative branch of the Senator from Iowa (Mr. GRASS- members of the uniformed services who employees, and for other purposes; to the LEY) and the Senator from Louisiana have a service-connected disability to Committee on Homeland Security and Gov- (Ms. LANDRIEU) were added as cospon- ernmental Affairs . receive both disability compensation By Mr. INOUYE (for himself, Mr. STE- sors of S. 254, a bill to award post- from the Department of Veterans Af- VENS, Mr. ROCKEFELLER, Mr. LOTT, humously a Congressional gold medal fairs for their disability and either re- and Mr. LAUTENBERG): to Constantino Brumidi. tired pay by reason of their years of S. 509. A bill to provide improved aviation S. 294 military service or Combat-Related security, and for other purposes; to the Com- At the request of Mr. LAUTENBERG, Special Compensation. mittee on Commerce, Science, and Transpor- the name of the Senator from Michigan S. 450 tation. (Mr. LEVIN) was added as a cosponsor of At the request of Mr. ENSIGN, the f S. 294, a bill to reauthorize Amtrak, name of the Senator from Nebraska SUBMISSION OF CONCURRENT AND and for other purposes. (Mr. NELSON) was added as a cosponsor SENATE RESOLUTIONS S. 326 of S. 450, a bill to amend title XVIII of the Social Security Act to repeal the The following concurrent resolutions At the request of Mrs. LINCOLN, the medicare outpatient rehabilitation and Senate resolutions were read, and name of the Senator from New Jersey therapy caps. referred (or acted upon), as indicated: (Mr. MENENDEZ) was added as a cosponsor of S. 326, a bill to amend the Inter- S. 479 By Ms. LANDRIEU: S. Res. 72. A resolution acknowledging the nal Revenue Code of 1986 to provide a At the request of Mr. HARKIN, the severity of the wetland loss occurring in special period of limitation when uni- name of the Senator from Minnesota Louisiana and supporting the observance of formed services retirement pay is re- (Ms. KLOBUCHAR) was added as a co- World Wetlands Day in the United States; to duced as result of award of disability sponsor of S. 479, a bill to reduce the the Committee on Environment and Public compensation. incidence of suicide among veterans. Works. S. 367 S. RES. 70 By Mr. ALLARD (for himself, Mrs. ORGAN C AIN FEINSTEIN, Mr. COLEMAN, Mr. STE- At the request of Mr. D , the At the request of Mr. M C , the VENS, Mrs. DOLE, Mrs. HUTCHISON, name of the Senator from West Vir- name of the Senator from Idaho (Mr. Mr. VITTER, Mr. HATCH, Mr. MCCAIN, ginia (Mr. ROCKEFELLER) was added as CRAIG) was added as a cosponsor of S. Mr. MCCONNELL, and Mr. REID): a cosponsor of S. 367, a bill to amend Res. 70, a resolution expressing the

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I can imag- f make important advances in areas such ine what the veterans in my State feel as the rule of law and civil society. A about that. I can imagine what the vet- STATEMENTS ON INTRODUCED closer relationship with NATO will pro- erans in Montana feel about that. BILLS AND JOINT RESOLUTIONS mote these values and contribute to Last week, there was a major data our mutual security. Georgia is a breach involving a State computer By Mr. LUGAR: young democracy that has made tre- server in my home State of Vermont. S. 494. A bill to endorse further en- mendous progress since the ‘‘Rose Rev- It jeopardized the financial data of at largement of the North Atlantic Trea- olution.’’ It is situated in a critical least 69,000 Vermonters whose personal ty Organization (NATO) and to facili- geo-strategic location and is host to a financial information had been stored tate the timely admission of new mem- large portion of the Baku-Tbilisi- on the computer used by the Vermont bers to NATO, and for other purposes; Ceyhan pipeline that carries important Agency of Human Services. Can you to the Committee on Foreign Rela- energy resources to the West from imagine 69,000 people, in a State of tions. Azerbaijan and, in the future, barely over 600,000 people. Mr. LUGAR. Mr. President, I rise Kazakhstan. Georgia is resisting pres- This is not unique to Vermont. Last today to introduce the ‘‘NATO Free- sure from breakaway republics backed month mega retailer TJX disclosed dom Consolidation Act of 2007’’. Last by Moscow. In the past, border disputes that it suffered a major computer year this legislation passed the Senate have been identified as reasons a coun- breach involving credit and debt card by unanimous consent. Unfortunately, try may not be invited to join NATO. purchases involving possibly hundreds the House was unable to act prior to But in this case, Russia’s action, not of thousands of American consumers. adjournment last year. Georgia’s, are frustrating Tbilisi’s And, even as disturbing as that is, I was pleased that thirteen of my col- NATO aspirations. while they knew about the breach in leagues, including Senators BIDEN, Three years ago, the United States mid-December, none of those cus- CHAMBLISS, COLEMAN, DODD, HAGEL, Senate unanimously voted to invite tomers were told about it until a HUTCHISON, MARTINEZ, MCCAIN, SMITH, seven countries to join NATO. Today, month later. It is as if a thief had gone and SUNUNU, joined me in proposing Bulgaria, Estonia, Latvia, Lithuania, to each one of their houses and stolen this important legislation. Romania, Slovakia, and Slovenia are their data. The goal of this bill is to reaffirm making significant contributions to Of course, all of this comes on the United States support for continued NATO and are among our closest allies heels of the theft of the personal data enlargement of NATO to democracies in the global war on terrorism. It is of 26.5 million of our veterans and ac- that are able and willing to meet the time again for the United States to tive-duty personnel at the VA last responsibilities of membership. In par- take the lead in urging its allies to year. Think about this: You are a man ticular, the legislation calls for the bring in new members, and to offer or a woman serving your country in Af- timely admission of Albania, Croatia, timely admission of Albania, Croatia, ghanistan or Iraq, and this information Georgia, Macedonia, and Ukraine to Georgia, Macedonia, and Ukraine to is stolen—with data about where you NATO and authorizes security assist- NATO. live and what family members are left ance for these countries in Fiscal Year at home while you are overseas. How 2008. Each of these countries has clear- By Mr. LEAHY (for himself, Mr. do you think that makes you feel? ly stated its desire to join NATO and is SPECTER, Mr. FEINGOLD, Mr. According to the Privacy Rights working hard to meet the specified re- SCHUMER, and Mr. SANDERS): Clearinghouse, more than 100 million quirements for membership. S. 495. A bill to prevent and mitigate records containing sensitive personal I believe that eventual NATO mem- identity theft, to ensure privacy, to information have been involved in data bership for these five countries would provide notice of security breaches, security breaches since 2005. We need be a success for Europe, NATO, and the and to enhance criminal penalties, law strong Federal data privacy and secu- United States by continuing to extend enforcement assistance, and other pro- rity laws to protect Americans’ per- the zone of peace and security. Alba- tections against security breaches, sonal data, and to address the ills of nia, Croatia, and Macedonia have been fraudulent access, and misuse of per- lax data security. making progress on reforms through sonally identifiable information; to the Our bill requires that data brokers their participation in the NATO Mem- Committee on the Judiciary. let consumers know what sensitive per- bership Action Plan since 2002. Unfor- Mr. LEAHY. Mr. President, today I sonal information they have about tunately, Georgia and Ukraine have am pleased to join Senator SPECTER in them and to allow individuals to cor- not yet been granted a Membership Ac- reintroducing the Leahy-Specter Per- rect this. It is a simple matter of fair- tion Plan but nevertheless have made sonal Data Privacy and Security Act. ness. There is a clear precedent for our remarkable progress. This legislation This is a comprehensive data privacy approach in the credit reporting con- will provide important incentives and package aimed at better protecting text. Our bill also requires that compa- assistance to the countries to continue Americans’ privacy. Senator SPECTER nies who have databases with sensitive the implementation of democratic, de- has been a valuable partner on this, personal information about Americans fense, and economic reforms. and I also thank Majority Leader REID establish and implement data privacy Since the end of the Cold War, NATO for his leadership and commitment to and security programs. In the informa- has been evolving to meet the new se- enacting data privacy legislation this tion age, any company that wants to be curity needs of the 21st century. In this year. trusted by the public must earn that era, the threats to NATO members are When Senator SPECTER and I intro- trust by vigilantly protecting the data- transnational and far from its geo- duced this bill in 2005, we had high bases that they use and maintain. In graphic borders. There is strong sup- hopes of bringing urgently needed data addition, our bill requires notice when port among members for NATO’s oper- privacy reforms to the American peo- sensitive personal information has ation in Afghanistan, and for its train- ple. The Judiciary Committee reported been compromised. The American peo- ing mission in Iraq. NATO’s viability this bill favorably in November of 2005, ple need to know when they may be ex- as an effective defense and security al- but with the last Congress, it simply posed to a data breach. Whether it is a liance depends on flexible, creative sat on the calendar. The leadership government agency or a private com- leadership, as well as the willingness of would not bring it forward. pany, if they lose your sensitive infor- members to improve capabilities and The irony is while they refused to mation, your Social Security number, address common threats. bring it forward, the problems of data your address, or anything about you,

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Organized criminal activity in connection with unauthorized ac- essary information and assistance to miti- alties for anyone who would inten- cess to personally identifiable gate their damages and to restore the integ- tionally or willfully conceal the fact information. rity of their personal information and identi- that a data breach has occurred when Sec. 102. Concealment of security breaches ties; that breach causes economic damage to involving sensitive personally (7) data brokers have assumed a significant consumers. identifiable information. role in providing identification, authentica- Sec. 103. Review and amendment of Federal tion, and screening services, and related data Then finally, we address the impor- collection and analyses for commercial, non- tant issue of the Government’s use of sentencing guidelines related to fraudulent access to or misuse profit, and government operations; personal data. This would require Fed- of digitized or electronic per- (8) data misuse and use of inaccurate data eral agencies to notify affected individ- sonally identifiable informa- have the potential to cause serious or irrep- uals when Government data breaches tion. arable harm to an individual’s livelihood, occur. TITLE II—DATA BROKERS privacy, and liberty and undermine efficient and effective business and government oper- We should never have to worry about Sec. 201. Transparency and accuracy of data our Government having this informa- ations; collection. (9) there is a need to insure that data bro- tion on us and losing it, but certainly Sec. 202. Enforcement. kers conduct their operations in a manner in the last 2 or 3 years, we have seen so Sec. 203. Relation to State laws. that prioritizes fairness, transparency, accu- many millions of files that have been Sec. 204. Effective date. racy, and respect for the privacy of con- lost or put in jeopardy. We live in a TITLE III—PRIVACY AND SECURITY OF sumers; world in which our Government also is PERSONALLY IDENTIFIABLE INFOR- (10) government access to commercial data increasingly turning to the private sec- MATION can potentially improve safety, law enforce- tor to get personal data that they, in Subtitle A—A Data Privacy and Security ment, and national security; and some instances, couldn’t legally get on Program (11) because government use of commercial Sec. 301. Purpose and applicability of data data containing personal information poten- their own. To address this, our bill puts tially affects individual privacy, and law en- protecting Americans’ privacy first and privacy and security program. Sec. 302. Requirements for a personal data forcement and national security operations, foremost: Government data has to be privacy and security program. there is a need for Congress to exercise over- protected and we have to know if the Sec. 303. Enforcement. sight over government use of commercial Government falls down on the job. Sec. 304. Relation to other laws. data. This is a comprehensive bill. It not Subtitle B—Security Breach Notification SEC. 3. DEFINITIONS. In this Act: only deals with the need to provide Sec. 311. Notice to individuals. (1) AGENCY.—The term ‘‘agency’’ has the Americans notice when they have been Sec. 312. Exemptions. same meaning given such term in section 551 victims of a data breach, it also deals Sec. 313. Methods of notice. of title 5, United States Code. with the underlying problems of lack of Sec. 314. Content of notification. Sec. 315. Coordination of notification with (2) AFFILIATE.—The term ‘‘affiliate’’ means security and lack of accountability to persons related by common ownership or by prevent data breaches from occurring credit reporting agencies. Sec. 316. Notice to law enforcement. corporate control. in the first place. Sec. 317. Enforcement. (3) BUSINESS ENTITY.—The term ‘‘business Today, Americans live in a world Sec. 318. Enforcement by State attorneys entity’’ means any organization, corpora- where their most sensitive personal in- general. tion, trust, partnership, sole proprietorship, formation can be accessed and sold to Sec. 319. Effect on Federal and State law. unincorporated association, venture established to make a profit, or nonprofit, and the highest bidder with a few key- Sec. 320. Authorization of appropriations. Sec. 321. Reporting on risk assessment ex- any contractor, subcontractor, affiliate, or strokes on their computer. Our privacy licensee thereof engaged in interstate com- laws greatly lag behind both the capa- emptions. Sec. 322. Effective date. merce. bilities of our technology and the cun- (4) IDENTITY THEFT.—The term ‘‘identity ning of identity thieves. This legisla- TITLE IV—GOVERNMENT ACCESS TO theft’’ means a violation of section 1028 of AND USE OF COMMERCIAL DATA tion closes that gap. I commend the title 18, United States Code. leadership for being willing to bring up Sec. 401. General Services Administration (5) DATA BROKER.—The term ‘‘data broker’’ review of contracts. our data privacy bill. I wish that the means a business entity which for monetary Sec. 402. Requirement to audit information fees or dues regularly engages in the practice leadership in the last Congress had security practices of contrac- of collecting, transmitting, or providing ac- brought this bill up last year. But, I tors and third party business cess to sensitive personally identifiable in- am glad that the new leadership will do entities. formation on more than 5,000 individuals so this year. Sec. 403. Privacy impact assessment of gov- who are not the customers or employees of For the sake of all Americans, I urge ernment use of commercial in- that business entity or affiliate primarily for all Senators to support this legislation formation services containing the purposes of providing such information personally identifiable informa- to nonaffiliated third parties on an inter- and to act now to pass comprehensive tion. data privacy and security legislation. state basis. Sec. 404. Implementation of chief privacy of- (6) DATA FURNISHER.—The term ‘‘data fur- I ask unanimous consent that the ficer requirements. nisher’’ means any agency, organization, text of the bill be printed in the SEC. 2. FINDINGS. corporation, trust, partnership, sole propri- RECORD. Congress finds that— etorship, unincorporated association, or non- There being no objection, the text of (1) databases of personally identifiable in- profit that serves as a source of information the bill was ordered to be printed in formation are increasingly prime targets of for a data broker. the RECORD, as follows: hackers, identity thieves, rogue employees, (7) PERSONAL ELECTRONIC RECORD.— and other criminals, including organized and (A) IN GENERAL.—The term ‘‘personal elec- S. 495 sophisticated criminal operations; tronic record’’ means data associated with Be it enacted by the Senate and House of Rep- (2) identity theft is a serious threat to the an individual contained in a database, resentatives of the United States of America in nation’s economic stability, homeland secu- networked or integrated databases, or other Congress assembled, rity, the development of e-commerce, and data system that holds sensitive personally SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the privacy rights of Americans; identifiable information of that individual (3) over 9,300,000 individuals were victims and is provided to nonaffiliated third parties. (a) SHORT TITLE.—This Act may be cited as of identity theft in America last year; (B) EXCLUSIONS.—The term ‘‘personal elec- the ‘‘Personal Data Privacy and Security (4) security breaches are a serious threat tronic record’’ does not include— Act of 2007’’. to consumer confidence, homeland security, (i) any data related to an individual’s past (b) TABLE OF CONTENTS.—The table of con- e-commerce, and economic stability; purchases of consumer goods; or tents of this Act is as follows: (5) it is important for business entities (ii) any proprietary assessment or evalua- Sec. 1. Short title; table of contents. that own, use, or license personally identifi- tion of an individual or any proprietary as- Sec. 2. Findings. able information to adopt reasonable proce- sessment or evaluation of information about Sec. 3. Definitions. dures to ensure the security, privacy, and an individual.

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(8) PERSONALLY IDENTIFIABLE INFORMA- SEC. 102. CONCEALMENT OF SECURITY (A) sufficiently deter and punish such of- TION.—The term ‘‘personally identifiable in- BREACHES INVOLVING SENSITIVE fenses; and formation’’ means any information, or com- PERSONALLY IDENTIFIABLE INFOR- (B) adequately reflect the enhanced pen- pilation of information, in electronic or dig- MATION. alties established under this Act; ital form serving as a means of identifica- (a) IN GENERAL.—Chapter 47 of title 18, (3) maintain reasonable consistency with tion, as defined by section 1028(d)(7) of title United States Code, is amended by adding at other relevant directives and sentencing 18, United State Code. the end the following: guidelines; (9) PUBLIC RECORD SOURCE.—The term ‘‘§ 1040. Concealment of security breaches in- (4) account for any additional aggravating ‘‘public record source’’ means the Congress, volving sensitive personally identifiable in- or mitigating circumstances that might jus- any agency, any State or local government formation tify exceptions to the generally applicable agency, the government of the District of sentencing ranges; ‘‘(a) Whoever, having knowledge of a secu- Columbia and governments of the territories (5) consider whether to provide a sen- rity breach and of the obligation to provide or possessions of the United States, and Fed- tencing enhancement for those convicted of notice of such breach to individuals under eral, State or local courts, courts martial the offenses described in subsection (a), if title III of the Personal Data Privacy and Se- and military commissions, that maintain the conduct involves— curity Act of 2007, and having not otherwise personally identifiable information in (A) the online sale of fraudulently obtained records available to the public. qualified for an exemption from providing or stolen personally identifiable informa- notice under section 312 of such Act, inten- (10) SECURITY BREACH.— tion; tionally and willfully conceals the fact of (A) IN GENERAL.—The term ‘‘security (B) the sale of fraudulently obtained or breach’’ means compromise of the security, such security breach and which breach stolen personally identifiable information to confidentiality, or integrity of computerized causes economic damage to 1 or more per- an individual who is engaged in terrorist ac- data through misrepresentation or actions sons, shall be fined under this title or impris- tivity or aiding other individuals engaged in that result in, or there is a reasonable basis oned not more than 5 years, or both. terrorist activity; or to conclude has resulted in, acquisition of or ‘‘(b) For purposes of subsection (a), the (C) the sale of fraudulently obtained or sto- access to sensitive personally identifiable in- term ‘person’ has the same meaning as in len personally identifiable information to fi- formation that is unauthorized or in excess section 1030(e)(12) of title 18, United States nance terrorist activity or other criminal ac- of authorization. Code. tivities; (B) EXCLUSION.—The term ‘‘security ‘‘(c) Any person seeking an exemption (6) make any necessary conforming breach’’ does not include— under section 312(b) of the Personal Data changes to the Federal sentencing guidelines (i) a good faith acquisition of sensitive per- Privacy and Security Act of 2007 shall be im- to ensure that such guidelines (including its sonally identifiable information by a busi- mune from prosecution under this section if policy statements) as described in subsection ness entity or agency, or an employee or the United States Secret Service does not in- (a) are sufficiently stringent to deter, and agent of a business entity or agency, if the dicate, in writing, that such notice be given adequately reflect crimes related to fraudu- sensitive personally identifiable information under section 312(b)(3) of such Act’’. lent access to, or misuse of, personally iden- is not subject to further unauthorized disclo- (b) CONFORMING AND TECHNICAL AMEND- tifiable information; and sure; or MENTS.—The table of sections for chapter 47 (7) ensure that the Federal sentencing (ii) the release of a public record, or infor- of title 18, United States Code, is amended by guidelines adequately meet the purposes of mation derived from a single public record, adding at the end the following: sentencing under section 3553(a)(2) of title 18, not otherwise subject to confidentiality or ‘‘1040. Concealment of security breaches in- United States Code. nondisclosure requirement, or information volving personally identifiable (c) EMERGENCY AUTHORITY TO SENTENCING obtained from a news report or periodical. information.’’. COMMISSION.—The United States Sentencing (11) SENSITIVE PERSONALLY IDENTIFIABLE IN- (c) ENFORCEMENT AUTHORITY.— Commission may, as soon as practicable, FORMATION.—The term ‘‘sensitive personally (1) IN GENERAL.—The United States Secret promulgate amendments under this section identifiable information’’ means any infor- Service shall have the authority to inves- in accordance with procedures established in mation or compilation of information, in tigate offenses under this section. section 21(a) of the Sentencing Act of 1987 (28 electronic or digital form that includes— (2) NON-EXCLUSIVITY.—The authority grant- U.S.C. 994 note) as though the authority (A) an individual’s first and last name or ed in paragraph (1) shall not be exclusive of under that Act had not expired. first initial and last name in combination any existing authority held by any other TITLE II—DATA BROKERS with any 1 of the following data elements: Federal agency. SEC. 201. TRANSPARENCY AND ACCURACY OF (i) A non-truncated social security number, SEC. 103. REVIEW AND AMENDMENT OF FEDERAL DATA COLLECTION. driver’s license number, passport number, or SENTENCING GUIDELINES RELATED (a) IN GENERAL.—Data brokers engaging in alien registration number. TO FRAUDULENT ACCESS TO OR interstate commerce are subject to the re- (ii) Any 2 of the following: MISUSE OF DIGITIZED OR ELEC- quirements of this title for any product or (I) Home address or telephone number. TRONIC PERSONALLY IDENTIFIABLE service offered to third parties that allows (II) Mother’s maiden name, if identified as INFORMATION. access or use of sensitive personally identifi- such. (a) REVIEW AND AMENDMENT.—The United able information. (III) Month, day, and year of birth. States Sentencing Commission, pursuant to (b) LIMITATION.—Notwithstanding any (iii) Unique biometric data such as a finger its authority under section 994 of title 28, other provision of this title, this section print, voice print, a retina or iris image, or United States Code, and in accordance with shall not apply to— any other unique physical representation. this section, shall review and, if appropriate, (1) any product or service offered by a data (iv) A unique account identifier, electronic amend the Federal sentencing guidelines (in- broker engaging in interstate commerce identification number, user name, or routing cluding its policy statements) applicable to where such product or service is currently code in combination with any associated se- persons convicted of using fraud to access, or subject to, and in compliance with, access curity code, access code, or password that is misuse of, digitized or electronic personally and accuracy protections similar to those required for an individual to obtain money, identifiable information, including identity under subsections (c) through (f) of this sec- goods, services, or any other thing of value; theft or any offense under— tion under the Fair Credit Reporting Act or (1) sections 1028, 1028A, 1030, 1030A, 2511, (Public Law 91–508); (B) a financial account number or credit or and 2701 of title 18, United States Code; and (2) any data broker that is subject to regu- debit card number in combination with any (2) any other relevant provision. lation under the Gramm-Leach-Bliley Act security code, access code or password that (b) REQUIREMENTS.—In carrying out the re- (Public Law 106-102); is required for an individual to obtain credit, quirements of this section, the United States (3) any data broker currently subject to withdraw funds, or engage in a financial Sentencing Commission shall— and in compliance with the data security re- transaction. (1) ensure that the Federal sentencing quirements for such entities under the TITLE I—ENHANCING PUNISHMENT FOR guidelines (including its policy statements) Health Insurance Portability and Account- IDENTITY THEFT AND OTHER VIOLA- reflect— ability Act (Public Law 104–191), and its im- TIONS OF DATA PRIVACY AND SECURITY (A) the serious nature of the offenses and plementing regulations; penalties referred to in this Act; (4) information in a personal electronic SEC. 101. ORGANIZED CRIMINAL ACTIVITY IN (B) the growing incidences of theft and record that— CONNECTION WITH UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFI- misuse of digitized or electronic personally (A) the data broker has identified as inac- ABLE INFORMATION. identifiable information, including identity curate, but maintains for the purpose of aid- Section 1961(1) of title 18, United States theft; and ing the data broker in preventing inaccurate Code, is amended by inserting ‘‘section (C) the need to deter, prevent, and punish information from entering an individual’s 1030(a)(2)(D) (relating to fraud and related such offenses; personal electronic record; and activity in connection with unauthorized ac- (2) consider the extent to which the Fed- (B) is not maintained primarily for the cess to sensitive personally identifiable in- eral sentencing guidelines (including its pol- purpose of transmitting or otherwise pro- formation as defined in the Personal Data icy statements) adequately address viola- viding that information, or assessments Privacy and Security Act of 2007,’’ before tions of the sections amended by this Act based on that information, to non-affiliated ‘‘section 1084’’. to— third parties; and

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(5) information concerning proprietary (B) NOTICE.—A data broker shall notify an ceeding or civil action for a violation of this methodologies, techniques, scores, or algo- individual of a determination under subpara- title, no attorney general of a State may, rithms relating to fraud prevention not nor- graph (A) within a reasonable time by any during the pendency of such proceeding or mally provided to third parties in the ordi- means available to such data broker. civil action, bring an action under this sub- nary course of business. SEC. 202. ENFORCEMENT. section against any defendant named in such (c) DISCLOSURES TO INDIVIDUALS.— (a) CIVIL PENALTIES.— civil action for any violation that is alleged (1) IN GENERAL.—A data broker shall, upon (1) PENALTIES.—Any data broker that vio- in that civil action. the request of an individual, disclose to such lates the provisions of section 201 shall be (5) RULE OF CONSTRUCTION.—For purposes individual for a reasonable fee all personal subject to civil penalties of not more than of bringing any civil action under paragraph electronic records pertaining to that indi- $1,000 per violation per day while such viola- (1), nothing in this title shall be construed to vidual maintained specifically for disclosure tions persist, up to a maximum of $250,000 prevent an attorney general of a State from to third parties that request information on per violation. exercising the powers conferred on the attor- that individual in the ordinary course of (2) INTENTIONAL OR WILLFUL VIOLATION.—A ney general by the laws of that State to— business in the databases or systems of the data broker that intentionally or willfully (A) conduct investigations; data broker at the time of such request. violates the provisions of section 201 shall be (B) administer oaths and affirmations; or (2) INFORMATION ON HOW TO CORRECT INAC- subject to additional penalties in the amount (C) compel the attendance of witnesses or CURACIES.—The disclosures required under of $1,000 per violation per day, to a maximum the production of documentary and other paragraph (1) shall also include guidance to of an additional $250,000 per violation, while evidence. individuals on procedures for correcting in- such violations persist. (6) VENUE; SERVICE OF PROCESS.— accuracies. (3) EQUITABLE RELIEF.—A data broker en- (A) VENUE.—Any action brought under this gaged in interstate commerce that violates (d) ACCURACY RESOLUTION PROCESS.— subsection may be brought in the district this section may be enjoined from further (1) INFORMATION FROM A PUBLIC RECORD OR court of the United States that meets appli- violations by a court of competent jurisdic- LICENSOR.— cable requirements relating to venue under tion. (A) IN GENERAL.—If an individual notifies a section 1391 of title 28, United States Code. (4) OTHER RIGHTS AND REMEDIES.—The data broker of a dispute as to the complete- (B) SERVICE OF PROCESS.—In an action rights and remedies available under this sub- ness or accuracy of information disclosed to brought under this subsection process may section are cumulative and shall not affect such individual under subsection (c) that is be served in any district in which the defend- any other rights and remedies available obtained from a public record source or a li- ant— under law. cense agreement, such data broker shall de- (i) is an inhabitant; or (b) FEDERAL TRADE COMMISSION AUTHOR- (ii) may be found. termine within 30 days whether the informa- ITY.—Any data broker shall have the provi- tion in its system accurately and completely (d) NO PRIVATE CAUSE OF ACTION.—Nothing sions of this title enforced against it by the in this title establishes a private cause of ac- records the information available from the Federal Trade Commission. tion against a data broker for violation of public record source or licensor. (c) STATE ENFORCEMENT.— any provision of this title. (B) DATA BROKER ACTIONS.—If a data broker (1) CIVIL ACTIONS.—In any case in which the determines under subparagraph (A) that the attorney general of a State or any State or SEC. 203. RELATION TO STATE LAWS. information in its systems does not accu- local law enforcement agency authorized by No requirement or prohibition may be im- rately and completely record the informa- the State attorney general or by State stat- posed under the laws of any State with re- tion available from a public record source or ute to prosecute violations of consumer prospect to any subject matter regulated under licensor, the data broker shall— tection law, has reason to believe that an in- section 201, relating to individual access to, (i) correct any inaccuracies or incomplete- terest of the residents of that State has been and correction of, personal electronic ness, and provide to such individual written or is threatened or adversely affected by the records held by data brokers. notice of such changes; and acts or practices of a data broker that vio- SEC. 204. EFFECTIVE DATE. (ii) provide such individual with the con- late this title, the State may bring a civil This title shall take effect 180 days after tact information of the public record or li- action on behalf of the residents of that the date of enactment of this Act. censor. State in a district court of the United States TITLE III—PRIVACY AND SECURITY OF (2) INFORMATION NOT FROM A PUBLIC RECORD of appropriate jurisdiction, or any other PERSONALLY IDENTIFIABLE INFORMA- SOURCE OR LICENSOR.—If an individual noti- court of competent jurisdiction, to— TION fies a data broker of a dispute as to the com- (A) enjoin that act or practice; pleteness or accuracy of information not (B) enforce compliance with this title; or Subtitle A—A Data Privacy and Security from a public record or licensor that was dis- (C) obtain civil penalties of not more than Program closed to the individual under subsection (c), $1,000 per violation per day while such viola- SEC. 301. PURPOSE AND APPLICABILITY OF DATA the data broker shall, within 30 days of re- tions persist, up to a maximum of $250,000 PRIVACY AND SECURITY PROGRAM. ceiving notice of such dispute— per violation. (a) PURPOSE.—The purpose of this subtitle (A) review and consider free of charge any (2) NOTICE.— is to ensure standards for developing and im- information submitted by such individual (A) IN GENERAL.—Before filing an action plementing administrative, technical, and that is relevant to the completeness or accu- under this subsection, the attorney general physical safeguards to protect the security racy of the disputed information; and of the State involved shall provide to the of sensitive personally identifiable informa- (B) correct any information found to be in- Federal Trade Commission— tion. complete or inaccurate and provide notice to (i) a written notice of that action; and (b) IN GENERAL.—A business entity engag- such individual of whether and what infor- (ii) a copy of the complaint for that action. ing in interstate commerce that involves mation was corrected, if any. (B) EXCEPTION.—Subparagraph (A) shall collecting, accessing, transmitting, using, (3) EXTENSION OF REVIEW PERIOD.—The 30- not apply with respect to the filing of an ac- storing, or disposing of sensitive personally day period described in paragraph (1) may be tion by an attorney general of a State under identifiable information in electronic or dig- extended for not more than 30 additional this subsection, if the attorney general of a ital form on 10,000 or more United States days if a data broker receives information State determines that it is not feasible to persons is subject to the requirements for a from the individual during the initial 30-day provide the notice described in subparagraph data privacy and security program under period that is relevant to the completeness (A) before the filing of the action. section 302 for protecting sensitive person- or accuracy of any disputed information. (C) NOTIFICATION WHEN PRACTICABLE.—In an ally identifiable information. (4) NOTICE IDENTIFYING THE DATA FUR- action described under subparagraph (B), the (c) LIMITATIONS.—Notwithstanding any NISHER.—If the completeness or accuracy of attorney general of a State shall provide the other obligation under this subtitle, this any information not from a public record written notice and the copy of the complaint subtitle does not apply to: source or licensor that was disclosed to an to the Federal Trade Commission as soon (1) FINANCIAL INSTITUTIONS.—Financial in- individual under subsection (c) is disputed by after the filing of the complaint as prac- stitutions— such individual, the data broker shall pro- ticable. (A) subject to the data security require- vide, upon the request of such individual, the (3) FEDERAL TRADE COMMISSION AUTHOR- ments and implementing regulations under contact information of any data furnisher ITY.—Upon receiving notice under paragraph the Gramm-Leach-Bliley Act (15 U.S.C. 6801 that provided the disputed information. (2), the Federal Trade Commission shall have et seq.); and (5) DETERMINATION THAT DISPUTE IS FRIVO- the right to— (B) subject to— LOUS OR IRRELEVANT.— (A) move to stay the action, pending the (i) examinations for compliance with the (A) IN GENERAL.—Notwithstanding para- final disposition of a pending Federal pro- requirements of this Act by a Federal Func- graphs (1) through (3), a data broker may de- ceeding or action as described in paragraph tional Regulator or State Insurance Author- cline to investigate or terminate a review of (4); ity (as those terms are defined in section 509 information disputed by an individual under (B) intervene in an action brought under of the Gramm-Leach-Bliley Act (15 U.S.C. those paragraphs if the data broker reason- paragraph (1); and 6809)); or ably determines that the dispute by the indi- (C) file petitions for appeal. (ii) compliance with part 314 of title 16, vidual is frivolous or intended to perpetrate (4) PENDING PROCEEDINGS.—If the Federal Code of Federal Regulations. fraud. Trade Commission has instituted a pro- (2) HIPPA REGULATED ENTITIES.—

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(A) COVERED ENTITIES.—Covered entities access, disclosure, use, or alteration of sen- (1) technology; subject to the Health Insurance Portability sitive personally identifiable information; (2) the sensitivity of personally identifi- and Accountability Act of 1996 (42 U.S.C. 1301 and able information; et seq.), including the data security require- (D) assess the vulnerability of sensitive (3) internal or external threats to person- ments and implementing regulations of that personally identifiable information during ally identifiable information; and Act. destruction and disposal of such information, (4) the changing business arrangements of (B) BUSINESS ENTITIES.—A business entity including through the disposal or retirement the business entity, such as— shall be deemed in compliance with the pri- of hardware. (A) mergers and acquisitions; vacy and security program requirements (4) RISK MANAGEMENT AND CONTROL.—Each (B) alliances and joint ventures; under section 302 if the business entity is business entity shall— (C) outsourcing arrangements; acting as a ‘‘business associate’’ as that term (A) design its personal data privacy and se- (D) bankruptcy; and is defined in the Health Insurance Port- curity program to control the risks identi- (E) changes to sensitive personally identi- ability and Accountability Act of 1996 (42 fied under paragraph (3); and fiable information systems. U.S.C. 1301 et. seq.) and is in compliance with (B) adopt measures commensurate with the (f) IMPLEMENTATION TIME LINE.—Not later requirements imposed under that Act and its sensitivity of the data as well as the size, than 1 year after the date of enactment of implementing regulations. complexity, and scope of the activities of the this Act, a business entity subject to the pro- (3) PUBLIC RECORDS.—Public records not business entity that— visions of this subtitle shall implement a otherwise subject to a confidentiality or (i) control access to systems and facilities data privacy and security program pursuant nondisclosure requirement, or information containing sensitive personally identifiable to this subtitle. obtained from a news report or periodical. information, including controls to authen- SEC. 303. ENFORCEMENT. (d) SAFE HARBORS.— ticate and permit access only to authorized (a) CIVIL PENALTIES.— (1) IN GENERAL.—A business entity shall be individuals; deemed in compliance with the privacy and (1) IN GENERAL.—Any business entity that (ii) detect actual and attempted fraudu- violates the provisions of sections 301 or 302 security program requirements under section lent, unlawful, or unauthorized access, dis- 302 if the business entity complies with or shall be subject to civil penalties of not more closure, use, or alteration of sensitive per- than $5,000 per violation per day while such provides protection equal to industry stand- sonally identifiable information, including ards, as identified by the Federal Trade Com- a violation exists, with a maximum of by employees and other individuals other- $500,000 per violation. mission, that are applicable to the type of wise authorized to have access; sensitive personally identifiable information (2) INTENTIONAL OR WILLFUL VIOLATION.—A (iii) protect sensitive personally identifi- business entity that intentionally or will- involved in the ordinary course of business of able information during use, transmission, such business entity. fully violates the provisions of sections 301 storage, and disposal by encryption or other or 302 shall be subject to additional penalties (2) LIMITATION.—Nothing in this subsection reasonable means (including as directed for shall be construed to permit, and nothing in the amount of $5,000 per violation per day disposal of records under section 628 of the while such a violation exists, with a max- does permit, the Federal Trade Commission Fair Credit Reporting Act (15 U.S.C. 1681w) to issue regulations requiring, or according imum of an additional $500,000 per violation. and the implementing regulations of such (3) EQUITABLE RELIEF.—A business entity greater legal status to, the implementation Act as set forth in section 682 of title 16, of or application of a specific technology or engaged in interstate commerce that vio- Code of Federal Regulations); and lates this section may be enjoined from fur- technological specifications for meeting the (iv) ensure that sensitive personally identi- requirements of this title. ther violations by a court of competent ju- fiable information is properly destroyed and risdiction. SEC. 302. REQUIREMENTS FOR A PERSONAL disposed of, including during the destruction (4) OTHER RIGHTS AND REMEDIES.—The DATA PRIVACY AND SECURITY PRO- of computers, diskettes, and other electronic GRAM. rights and remedies available under this sec- media that contain sensitive personally (a) PERSONAL DATA PRIVACY AND SECURITY tion are cumulative and shall not affect any identifiable information. PROGRAM.—A business entity subject to this other rights and remedies available under (b) TRAINING.—Each business entity sub- subtitle shall comply with the following law. ject to this subtitle shall take steps to en- safeguards and any other administrative, (b) FEDERAL TRADE COMMISSION AUTHOR- sure employee training and supervision for technical, or physical safeguards identified ITY.—Any data broker shall have the provi- implementation of the data security pro- by the Federal Trade Commission in a rule- sions of this subtitle enforced against it by gram of the business entity. making process pursuant to section 553 of the Federal Trade Commission. (c) VULNERABILITY TESTING.— title 5, United States Code, for the protec- (c) STATE ENFORCEMENT.— (1) IN GENERAL.—Each business entity sub- (1) CIVIL ACTIONS.—In any case in which the tion of sensitive personally identifiable in- ject to this subtitle shall take steps to en- formation: attorney general of a State or any State or sure regular testing of key controls, sys- (1) SCOPE.—A business entity shall imple- local law enforcement agency authorized by tems, and procedures of the personal data ment a comprehensive personal data privacy the State attorney general or by State stat- privacy and security program to detect, pre- and security program that includes adminis- ute to prosecute violations of consumer pro- vent, and respond to attacks or intrusions, trative, technical, and physical safeguards tection law, has reason to believe that an in- or other system failures. appropriate to the size and complexity of the terest of the residents of that State has been (2) FREQUENCY.—The frequency and nature business entity and the nature and scope of or is threatened or adversely affected by the of the tests required under paragraph (1) its activities. acts or practices of a data broker that vio- shall be determined by the risk assessment (2) DESIGN.—The personal data privacy and late this subtitle, the State may bring a civil of the business entity under subsection security program shall be designed to— action on behalf of the residents of that (a)(3). (A) ensure the privacy, security, and con- (d) RELATIONSHIP TO SERVICE PROVIDERS.— State in a district court of the United States fidentiality of sensitive personally identi- In the event a business entity subject to this of appropriate jurisdiction, or any other fying information; subtitle engages service providers not sub- court of competent jurisdiction, to— (B) protect against any anticipated ject to this subtitle, such business entity (A) enjoin that act or practice; vulnerabilities to the privacy, security, or shall— (B) enforce compliance with this subtitle; integrity of sensitive personally identifying (1) exercise appropriate due diligence in se- or information; and lecting those service providers for respon- (C) obtain civil penalties of not more than (C) protect against unauthorized access to sibilities related to sensitive personally $5,000 per violation per day while such viola- use of sensitive personally identifying infor- identifiable information, and take reason- tions persist, up to a maximum of $500,000 mation that could result in substantial harm able steps to select and retain service proper violation. or inconvenience to any individual. viders that are capable of maintaining ap- (2) NOTICE.— (3) RISK ASSESSMENT.—A business entity propriate safeguards for the security, pri- (A) IN GENERAL.—Before filing an action shall— vacy, and integrity of the sensitive person- under this subsection, the attorney general (A) identify reasonably foreseeable inter- ally identifiable information at issue; and of the State involved shall provide to the nal and external vulnerabilities that could (2) require those service providers by con- Federal Trade Commission— result in unauthorized access, disclosure, tract to implement and maintain appro- (i) a written notice of that action; and use, or alteration of sensitive personally priate measures designed to meet the objec- (ii) a copy of the complaint for that action. identifiable information or systems con- tives and requirements governing entities (B) EXCEPTION.—Subparagraph (A) shall taining sensitive personally identifiable in- subject to section 301, this section, and sub- not apply with respect to the filing of an ac- formation; title B. tion by an attorney general of a State under (B) assess the likelihood of and potential (e) PERIODIC ASSESSMENT AND PERSONAL this subsection, if the attorney general of a damage from unauthorized access, disclo- DATA PRIVACY AND SECURITY MODERNIZA- State determines that it is not feasible to sure, use, or alteration of sensitive person- TION.—Each business entity subject to this provide the notice described in this subpara- ally identifiable information; subtitle shall on a regular basis monitor, graph before the filing of the action. (C) assess the sufficiency of its policies, evaluate, and adjust, as appropriate its data (C) NOTIFICATION WHEN PRACTICABLE.—In an technologies, and safeguards in place to con- privacy and security program in light of any action described under subparagraph (B), the trol and minimize risks from unauthorized relevant changes in— attorney general of a State shall provide the

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written notice and the copy of the complaint (2) NOTICE BY OWNER, LICENSEE OR OTHER tification, shall be immediately provided to to the Federal Trade Commission as soon DESIGNATED THIRD PARTY.—Nothing in this the United States Secret Service. after the filing of the complaint as prac- subtitle shall prevent or abrogate an agree- (b) SAFE HARBOR.—An agency or business ticable. ment between an agency or business entity entity will be exempt from the notice re- (3) FEDERAL TRADE COMMISSION AUTHOR- required to give notice under this section quirements under section 311, if— ITY.—Upon receiving notice under paragraph and a designated third party, including an (1) a risk assessment concludes that there (2), the Federal Trade Commission shall have owner or licensee of the sensitive personally is no significant risk that the security the right to— identifiable information subject to the secu- breach has resulted in, or will result in, (A) move to stay the action, pending the rity breach, to provide the notifications re- harm to the individuals whose sensitive per- final disposition of a pending Federal pro- quired under subsection (a). sonally identifiable information was subject ceeding or action as described in paragraph (3) BUSINESS ENTITY RELIEVED FROM GIVING to the security breach; (4); NOTICE.—A business entity obligated to give (2) without unreasonable delay, but not (B) intervene in an action brought under notice under subsection (a) shall be relieved later than 45 days after the discovery of a se- paragraph (1); and of such obligation if an owner or licensee of curity breach, unless extended by the United (C) file petitions for appeal. the sensitive personally identifiable informa- States Secret Service, the agency or business (4) PENDING PROCEEDINGS.—If the Federal tion subject to the security breach, or other entity notifies the United States Secret Trade Commission has instituted a pro- designated third party, provides such notifi- Service, in writing, of— ceeding or action for a violation of this sub- cation. (A) the results of the risk assessment; and title or any regulations thereunder, no attor- (c) TIMELINESS OF NOTIFICATION.— (B) its decision to invoke the risk assess- ney general of a State may, during the pend- (1) IN GENERAL.—All notifications required ment exemption; and ency of such proceeding or action, bring an under this section shall be made without un- (3) the United States Secret Service does action under this subsection against any de- reasonable delay following the discovery by not indicate, in writing, within 10 days from fendant named in such criminal proceeding the agency or business entity of a security receipt of the decision, that notice should be or civil action for any violation that is al- breach. given. (c) FINANCIAL FRAUD PREVENTION EXEMP- leged in that proceeding or action. (2) REASONABLE DELAY.—Reasonable delay TION.— (5) RULE OF CONSTRUCTION.—For purposes under this subsection may include any time (1) IN GENERAL.—A business entity will be of bringing any civil action under paragraph necessary to determine the scope of the secu- exempt from the notice requirement under (1) nothing in this subtitle shall be construed rity breach, prevent further disclosures, and to prevent an attorney general of a State section 311 if the business entity utilizes or restore the reasonable integrity of the data participates in a security program that— from exercising the powers conferred on the system and provide notice to law enforce- attorney general by the laws of that State (A) is designed to block the use of the sen- ment when required. sitive personally identifiable information to to— (3) BURDEN OF PROOF.—The agency, busi- (A) conduct investigations; initiate unauthorized financial transactions ness entity, owner, or licensee required to before they are charged to the account of the (B) administer oaths and affirmations; or provide notification under this section shall (C) compel the attendance of witnesses or individual; and have the burden of demonstrating that all (B) provides for notice to affected individ- the production of documentary and other notifications were made as required under evidence. uals after a security breach that has resulted this subtitle, including evidence dem- in fraud or unauthorized transactions. (6) VENUE; SERVICE OF PROCESS.— onstrating the reasons for any delay. (2) LIMITATION.—The exemption by this (A) VENUE.—Any action brought under this (d) DELAY OF NOTIFICATION AUTHORIZED FOR subsection does not apply if the information subsection may be brought in the district LAW ENFORCEMENT PURPOSES.— court of the United States that meets appli- subject to the security breach includes sen- (1) IN GENERAL.—If a Federal law enforce- sitive personally identifiable information in cable requirements relating to venue under ment agency determines that the notifica- addition to the sensitive personally identifi- section 1391 of title 28, United States Code. tion required under this section would im- able information identified in section 3. (B) SERVICE OF PROCESS.—In an action pede a criminal investigation, such notifica- brought under this subsection process may SEC. 313. METHODS OF NOTICE. tion shall be delayed upon written notice An agency, or business entity shall be in be served in any district in which the defend- from such Federal law enforcement agency ant— compliance with section 311 if it provides to the agency or business entity that experi- both: (i) is an inhabitant; or enced the breach. (1) INDIVIDUAL NOTICE.— (ii) may be found. (2) EXTENDED DELAY OF NOTIFICATION.—If (A) Written notification to the last known (d) NO PRIVATE CAUSE OF ACTION.—Nothing the notification required under subsection in this subtitle establishes a private cause of home mailing address of the individual in (a) is delayed pursuant to paragraph (1), an the records of the agency or business entity; action against a business entity for violation agency or business entity shall give notice 30 of any provision of this subtitle. (B) Telephone notice to the individual per- days after the day such law enforcement sonally; or SEC. 304. RELATION TO OTHER LAWS. delay was invoked unless a Federal law en- (a) IN GENERAL.—No State may require any (C) Electronic notice, if the primary meth- forcement agency provides written notifica- od used by the agency or business entity to business entity subject to this subtitle to tion that further delay is necessary. comply with any requirements with respect communicate with the individual is by elec- (3) LAW ENFORCEMENT IMMUNITY.—No cause to administrative, technical, and physical tronic means, or the individual has con- of action shall lie in any court against any safeguards for the protection of sensitive sented to receive such notice and the notice law enforcement agency for acts relating to personally identifying information. is consistent with the provisions permitting the delay of notification for law enforcement (b) LIMITATIONS.—Nothing in this subtitle electronic transmission of notices under sec- shall be construed to modify, limit, or super- purposes under this subtitle. tion 101 of the Electronic Signatures in Glob- sede the operation of the Gramm-Leach-Bli- SEC. 312. EXEMPTIONS. al and National Commerce Act (15 U.S.C. ley Act or its implementing regulations, in- (a) EXEMPTION FOR NATIONAL SECURITY AND 7001). cluding those adopted or enforced by States. LAW ENFORCEMENT.— (2) MEDIA NOTICE.—Notice to major media Subtitle B—Security Breach Notification (1) IN GENERAL.—Section 311 shall not outlets serving a State or jurisdiction, if the SEC. 311. NOTICE TO INDIVIDUALS. apply to an agency or business entity if the number of residents of such State whose sen- (a) IN GENERAL.—Any agency, or business agency or business entity certifies, in writ- sitive personally identifiable information entity engaged in interstate commerce, that ing, that notification of the security breach was, or is reasonably believed to have been, uses, accesses, transmits, stores, disposes of as required by section 311 reasonably could acquired by an unauthorized person exceeds or collects sensitive personally identifiable be expected to— 5,000. information shall, following the discovery of (A) cause damage to the national security; SEC. 314. CONTENT OF NOTIFICATION. a security breach of the systems or data- or (a) IN GENERAL.—Regardless of the method bases of such agency or business entity no- (B) hinder a law enforcement investigation by which notice is provided to individuals tify any resident of the United States whose or the ability of the agency to conduct law under section 313, such notice shall include, sensitive personally identifiable information enforcement investigations. to the extent possible— has been, or is reasonably believed to have (2) LIMITS ON CERTIFICATIONS.—An agency (1) a description of the categories of sen- been, accessed, or acquired. may not execute a certification under para- sitive personally identifiable information (b) OBLIGATION OF OWNER OR LICENSEE.— graph (1) to— that was, or is reasonably believed to have (1) NOTICE TO OWNER OR LICENSEE.—Any (A) conceal violations of law, inefficiency, been, acquired by an unauthorized person; agency, or business entity engaged in inter- or administrative error; (2) a toll-free number or, if the primary state commerce, that uses, accesses, trans- (B) prevent embarrassment to a business method used by the agency or business enti- mits, stores, disposes of, or collects sensitive entity, organization, or agency; or ty to communicate with the individual is by personally identifiable information that the (C) restrain competition. electronic means, an electronic mail ad- agency or business entity does not own or li- (3) NOTICE.—In every case in which an dress— cense shall notify the owner or licensee of agency issues a certification under para- (A) that the individual may use to contact the information following the discovery of a graph (1), the certification, accompanied by the agency or business entity, or the agent security breach involving such information. a description of the factual basis for the cer- of the agency or business entity; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1634 CONGRESSIONAL RECORD — SENATE February 6, 2007 (B) from which the individual may learn quired by an unauthorized person, up to a (1) move to stay the action, pending the what types of sensitive personally identifi- maximum of $1,000,000 per violation, unless final disposition of a pending Federal pro- able information the agency or business enti- such conduct is found to be willful or inten- ceeding or action; ty maintained about that individual; and tional. (2) initiate an action in the appropriate (3) the toll-free contact telephone numbers (b) INJUNCTIVE ACTIONS BY THE ATTORNEY United States district court under section and addresses for the major credit reporting GENERAL.— 317 and move to consolidate all pending ac- agencies. (1) IN GENERAL.—If it appears that a busi- tions, including State actions, in such court; (b) ADDITIONAL CONTENT.—Notwithstanding ness entity has engaged, or is engaged, in (3) intervene in an action brought under section 319, a State may require that a no- any act or practice constituting a violation subsection (a)(2); and tice under subsection (a) shall also include of this subtitle, the Attorney General may (4) file petitions for appeal. information regarding victim protection as- petition an appropriate district court of the (c) PENDING PROCEEDINGS.—If the Attorney sistance provided for by that State. United States for an order— General has instituted a proceeding or action SEC. 315. COORDINATION OF NOTIFICATION (A) enjoining such act or practice; or for a violation of this subtitle or any regula- WITH CREDIT REPORTING AGEN- (B) enforcing compliance with this sub- tions thereunder, no attorney general of a CIES. title. State may, during the pendency of such pro- If an agency or business entity is required (2) ISSUANCE OF ORDER.—A court may issue ceeding or action, bring an action under this to provide notification to more than 1,000 in- an order under paragraph (1), if the court subtitle against any defendant named in dividuals under section 311(a), the agency or finds that the conduct in question con- such criminal proceeding or civil action for business entity shall also notify, without un- stitutes a violation of this subtitle. any violation that is alleged in that pro- reasonable delay, all consumer reporting ceeding or action. (c) OTHER RIGHTS AND REMEDIES.—The agencies that compile and maintain files on (d) CONSTRUCTION.—For purposes of bring- rights and remedies available under this sub- consumers on a nationwide basis (as defined ing any civil action under subsection (a), title are cumulative and shall not affect any in section 603(p) of the Fair Credit Reporting nothing in this subtitle regarding notifica- other rights and remedies available under Act (15 U.S.C. 1681a(p)) of the timing and dis- tion shall be construed to prevent an attor- law. tribution of the notices. ney general of a State from exercising the (d) FRAUD ALERT.—Section 605A(b)(1) of the powers conferred on such attorney general SEC. 316. NOTICE TO LAW ENFORCEMENT. Fair Credit Reporting Act (15 U.S.C. 1681c– by the laws of that State to— (a) SECRET SERVICE.—Any business entity 1(b)(1)) is amended by inserting ‘‘, or evi- (1) conduct investigations; or agency shall give notice of a security dence that the consumer has received notice (2) administer oaths or affirmations; or breach to the United States Secret Service that the consumer’s financial information (3) compel the attendance of witnesses or if— has or may have been compromised,’’ after the production of documentary and other (1) the number of individuals whose sen- ‘‘identity theft report’’. evidence. sitive personally identifying information (e) VENUE; SERVICE OF PROCESS.— was, or is reasonably believed to have been SEC. 318. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (1) VENUE.—Any action brought under sub- acquired by an unauthorized person exceeds section (a) may be brought in— (a) IN GENERAL.— 10,000; (A) the district court of the United States (1) CIVIL ACTIONS.—In any case in which the (2) the security breach involves a database, that meets applicable requirements relating attorney general of a State or any State or networked or integrated databases, or other to venue under section 1391 of title 28, United local law enforcement agency authorized by data system containing the sensitive person- States Code; or the State attorney general or by State stat- ally identifiable information of more than (B) another court of competent jurisdic- ute to prosecute violations of consumer pro- 1,000,000 individuals nationwide; tion. (3) the security breach involves databases tection law, has reason to believe that an in- (2) SERVICE OF PROCESS.—In an action owned by the Federal Government; or terest of the residents of that State has been brought under subsection (a), process may be (4) the security breach involves primarily or is threatened or adversely affected by the served in any district in which the defend- sensitive personally identifiable information engagement of a business entity in a practice ant— of individuals known to the agency or busi- that is prohibited under this subtitle, the (A) is an inhabitant; or ness entity to be employees and contractors State or the State or local law enforcement (B) may be found. of the Federal Government involved in na- agency on behalf of the residents of the agen- (f) NO PRIVATE CAUSE OF ACTION.—Nothing tional security or law enforcement. cy’s jurisdiction, may bring a civil action on in this subtitle establishes a private cause of (b) NOTICE TO OTHER LAW ENFORCEMENT behalf of the residents of the State or juris- action against a business entity for violation AGENCIES.—The United States Secret Service diction in a district court of the United of any provision of this subtitle. shall be responsible for notifying— States of appropriate jurisdiction or any SEC. 319. EFFECT ON FEDERAL AND STATE LAW. (1) the Federal Bureau of Investigation, if other court of competent jurisdiction, in- The provisions of this subtitle shall super- the security breach involves espionage, for- cluding a State court, to— sede any other provision of Federal law or eign counterintelligence, information pro- (A) enjoin that practice; any provision of law of any State relating to tected against unauthorized disclosure for (B) enforce compliance with this subtitle; notification of a security breach, except as reasons of national defense or foreign rela- or provided in section 314(b). tions, or Restricted Data (as that term is de- (C) civil penalties of not more than $1,000 SEC. 320. AUTHORIZATION OF APPROPRIATIONS. fined in section 11y of the Atomic Energy per day per individual whose sensitive per- There are authorized to be appropriated Act of 1954 (42 U.S.C. 2014(y)), except for of- sonally identifiable information was, or is such sums as may be necessary to cover the fenses affecting the duties of the United reasonably believed to have been, accessed or costs incurred by the United States Secret States Secret Service under section 3056(a) of acquired by an unauthorized person, up to a Service to carry out investigations and risk title 18, United States Code; maximum of $1,000,000 per violation, unless assessments of security breaches as required (2) the United States Postal Inspection such conduct is found to be willful or inten- under this subtitle. Service, if the security breach involves mail tional. SEC. 321. REPORTING ON RISK ASSESSMENT EX- fraud; and (2) NOTICE.— EMPTIONS. (3) the attorney general of each State af- (A) IN GENERAL.—Before filing an action The United States Secret Service shall re- fected by the security breach. under paragraph (1), the attorney general of port to Congress not later than 18 months (c) 14-DAY RULE.—The notices to Federal the State involved shall provide to the At- after the date of enactment of this Act, and law enforcement and the attorney general of torney General of the United States— upon the request by Congress thereafter, each State affected by a security breach re- (i) written notice of the action; and on— quired under this section shall be delivered (ii) a copy of the complaint for the action. (1) the number and nature of the security as promptly as possible, but not later than 14 (B) EXEMPTION.— breaches described in the notices filed by days after discovery of the events requiring (i) IN GENERAL.—Subparagraph (A) shall those business entities invoking the risk as- notice. not apply with respect to the filing of an ac- sessment exemption under section 312(b) and SEC. 317. ENFORCEMENT. tion by an attorney general of a State under the response of the United States Secret (a) CIVIL ACTIONS BY THE ATTORNEY GEN- this subtitle, if the State attorney general Service to such notices; and ERAL.—The Attorney General may bring a determines that it is not feasible to provide (2) the number and nature of security civil action in the appropriate United States the notice described in such subparagraph breaches subject to the national security and district court against any business entity before the filing of the action. law enforcement exemptions under section that engages in conduct constituting a viola- (ii) NOTIFICATION.—In an action described 312(a), provided that such report may not tion of this subtitle and, upon proof of such in clause (i), the attorney general of a State disclose the contents of any risk assessment conduct by a preponderance of the evidence, shall provide notice and a copy of the com- provided to the United States Secret Service such business entity shall be subject to a plaint to the Attorney General at the time pursuant to this subtitle. civil penalty of not more than $1,000 per day the State attorney general files the action. SEC. 322. EFFECTIVE DATE. per individual whose sensitive personally (b) FEDERAL PROCEEDINGS.—Upon receiving This subtitle shall take effect on the expi- identifiable information was, or is reason- notice under subsection (a)(2), the Attorney ration of the date which is 90 days after the ably believed to have been, accessed or ac- General shall have the right to— date of enactment of this Act.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1635 TITLE IV—GOVERNMENT ACCESS TO AND tractors or third party business entities sup- mation being provided to the Federal depart- USE OF COMMERCIAL DATA porting the information systems or oper- ment or agency is inaccurate, and provides SEC. 401. GENERAL SERVICES ADMINISTRATION ations of the agency involving personally such inaccurate information; and REVIEW OF CONTRACTS. identifiable information (as that term is de- (B) requiring a data broker that engages (a) IN GENERAL.—In considering contract fined in section 3 of the Personal Data Pri- service providers not subject to subtitle A of awards totaling more than $500,000 and en- vacy and Security Act of 2007) and ensuring title III for responsibilities related to sen- tered into after the date of enactment of this remedial action to address any significant sitive personally identifiable information Act with data brokers, the Administrator of deficiencies.’’. to— the General Services Administration shall SEC. 403. PRIVACY IMPACT ASSESSMENT OF GOV- (i) exercise appropriate due diligence in se- evaluate— ERNMENT USE OF COMMERCIAL IN- lecting those service providers for respon- (1) the data privacy and security program FORMATION SERVICES CONTAINING sibilities related to personally identifiable of a data broker to ensure the privacy and PERSONALLY IDENTIFIABLE INFOR- information; security of data containing personally iden- MATION. (ii) take reasonable steps to select and re- (a) IN GENERAL.—Section 208(b)(1) of the E- tifiable information, including whether such tain service providers that are capable of Government Act of 2002 (44 U.S.C. 3501 note) program adequately addresses privacy and maintaining appropriate safeguards for the is amended— security threats created by malicious soft- security, privacy, and integrity of the per- (1) in subparagraph (A)(i), by striking ‘‘or’’; ware or code, or the use of peer-to-peer file sonally identifiable information at issue; and and sharing software; (iii) require such service providers, by con- (2) in subparagraph (A)(ii), by striking the (2) the compliance of a data broker with tract, to implement and maintain appro- period and inserting ‘‘; or’’; and such program; priate measures designed to meet the objec- (3) by inserting after clause (ii) the fol- (3) the extent to which the databases and tives and requirements in title III. lowing: systems containing personally identifiable (c) LIMITATION ON PENALTIES.—The pen- ‘‘(iii) purchasing or subscribing for a fee to information of a data broker have been com- alties under subsection (b)(3)(A) shall not personally identifiable information from a promised by security breaches; and apply to a data broker providing information data broker (as such terms are defined in (4) the response by a data broker to such that is accurately and completely recorded section 3 of the Personal Data Privacy and breaches, including the efforts by such data from a public record source. Security Act of 2007).’’. broker to mitigate the impact of such secu- (d) STUDY OF GOVERNMENT USE.— (b) LIMITATION.—Notwithstanding any (1) SCOPE OF STUDY.—Not later than 180 rity breaches. other provision of law, commencing 1 year (b) COMPLIANCE SAFE HARBOR.—The data days after the date of enactment of this Act, after the date of enactment of this Act, no privacy and security program of a data Federal agency may enter into a contract the Comptroller General of the United States broker shall be deemed sufficient for the pur- with a data broker to access for a fee any shall conduct a study and audit and prepare poses of subsection (a), if the data broker database consisting primarily of personally a report on Federal agency use of data bro- complies with or provides protection equal identifiable information concerning United kers or commercial databases containing to industry standards, as identified by the States persons (other than news reporting or personally identifiable information, includ- Federal Trade Commission, that are applica- telephone directories) unless the head of ing the impact on privacy and security, and ble to the type of personally identifiable in- such department or agency— the extent to which Federal contracts information involved in the ordinary course of (1) completes a privacy impact assessment clude sufficient provisions to ensure privacy business of such data broker. under section 208 of the E–Government Act and security protections, and penalties for (c) PENALTIES.—In awarding contracts with failures in privacy and security practices. data brokers for products or services related of 2002 (44 U.S.C. 3501 note), which shall subject to the provision in that Act pertaining (2) REPORT.—A copy of the report required to access, use, compilation, distribution, under paragraph (1) shall be submitted to processing, analyzing, or evaluating person- to sensitive information, include a description of— Congress. ally identifiable information, the Adminis- SEC. 404. IMPLEMENTATION OF CHIEF PRIVACY trator of the General Services Administra- (A) such database; (B) the name of the data broker from OFFICER REQUIREMENTS. tion shall— (a) DESIGNATION OF THE CHIEF PRIVACY OF- (1) include monetary or other penalties— whom it is obtained; and (C) the amount of the contract for use; FICER.—Pursuant to the requirements under (A) for failure to comply with subtitles A section 522 of the Transportation, Treasury, and B of title III; or (2) adopts regulations that specify— (A) the personnel permitted to access, ana- Independent Agencies, and General Govern- (B) if a contractor knows or has reason to ment Appropriations Act, 2005 (division H of know that the personally identifiable infor- lyze, or otherwise use such databases; (B) standards governing the access, anal- Public Law 108–447; 118 Stat. 3199) that each mation being provided is inaccurate, and agency designate a Chief Privacy Officer, the provides such inaccurate information; and ysis, or use of such databases; (C) any standards used to ensure that the Department of Justice shall implement such (2) require a data broker that engages serv- requirements by designating a department- ice providers not subject to subtitle A of personally identifiable information accessed, analyzed, or used is the minimum necessary wide Chief Privacy Officer, whose primary title III for responsibilities related to sen- role shall be to fulfill the duties and respon- sitive personally identifiable information to accomplish the intended legitimate purpose of the Federal agency; sibilities of Chief Privacy Officer and who to— shall report directly to the Deputy Attorney (A) exercise appropriate due diligence in (D) standards limiting the retention and redisclosure of personally identifiable infor- General. selecting those service providers for respon- (b) DUTIES AND RESPONSIBILITIES OF CHIEF sibilities related to personally identifiable mation obtained from such databases; (E) procedures ensuring that such data PRIVACY OFFICER.—In addition to the duties information; and responsibilities outlined under section (B) take reasonable steps to select and re- meet standards of accuracy, relevance, completeness, and timeliness; 522 of the Transportation, Treasury, Inde- tain service providers that are capable of pendent Agencies, and General Government maintaining appropriate safeguards for the (F) the auditing and security measures to protect against unauthorized access, anal- Appropriations Act, 2005 (division H of Pub- security, privacy, and integrity of the per- lic Law 108–447; 118 Stat. 3199), the Depart- sonally identifiable information at issue; and ysis, use, or modification of data in such databases; ment of Justice Chief Privacy Officer shall— (C) require such service providers, by con- (1) oversee the Department of Justice’s im- tract, to implement and maintain appro- (G) applicable mechanisms by which individuals may secure timely redress for any plementation of the requirements under sec- priate measures designed to meet the objection 403 to conduct privacy impact assess- tives and requirements in title III. adverse consequences wrongly incurred due to the access, analysis, or use of such data- ments of the use of commercial data con- (d) LIMITATION.—The penalties under sub- taining personally identifiable information section (c) shall not apply to a data broker bases; (H) mechanisms, if any, for the enforce- by the Department; and providing information that is accurately and (2) coordinate with the Privacy and Civil completely recorded from a public record ment and independent oversight of existing or planned procedures, policies, or guide- Liberties Oversight Board, established in the source or licensor. Intelligence Reform and Terrorism Preven- SEC. 402. REQUIREMENT TO AUDIT INFORMA- lines; and (I) an outline of enforcement mechanisms tion Act of 2004 (Public Law 108–458), in im- TION SECURITY PRACTICES OF CON- plementing this section. TRACTORS AND THIRD PARTY BUSI- for accountability to protect individuals and NESS ENTITIES. the public against unlawful or illegitimate Mr. SPECTER. Mr. President, I seek Section 3544(b) of title 44, United States access or use of databases; and recognition today to discuss the Per- Code, is amended— (3) incorporates into the contract or other sonal Data Privacy and Security Act of (1) in paragraph (7)(C)(iii), by striking agreement totaling more than $500,000, provi- 2007, which I am introducing with Sen- ‘‘and’’ after the semicolon; sions— ator LEAHY. Not long ago, personal in- (2) in paragraph (8), by striking the period (A) providing for penalties— and inserting ‘‘; and’’; and (i) for failure to comply with title III of formation—Social Security numbers, (3) by adding at the end the following: this Act; or birthdates, mothers’ maiden names, ad- ‘‘(9) procedures for evaluating and auditing (ii) if the entity knows or has reason to dresses—all remained relatively pri- the information security practices of con- know that the personally identifiable infor- vate. Some information—for example,

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1636 CONGRESSIONAL RECORD — SENATE February 6, 2007 whether you had a mortgage on your information include Wal-Mart, General fraud in 2006, and that each victim lost home—might have been publicly avail- Motors, Wachovia Bank, H&R Block, approximately $6,300. Ultimately, it able, but finding that information re- Honeywell, AT&T, Lloyd’s of London, has been predicted that nearly 20 per- quired a trip to the local courthouse. ARCO, Visa, MasterCard, Bank of cent of Americans will become victims For the most part, the sheer difficulty America, FedEx, OfficeMax, Blue Cross of identity theft. Worse, according to of obtaining personal information kept Blue Shield and Ralph Lauren. The the study, it took victims an average it private. This privacy—what Justice largest incident came in June 2005, of 40 hours on the phone with creditors Brandeis called the freedom to be left when Card Systems, which processes and credit bureaus to clear their alone—has been a cherished value payments for the country’s largest names. I use the term ‘‘clear’’ loosely, throughout American history. banks and credit card companies, re- because in many cases the damage As everyday transactions increas- ported that hackers had accessed 40 caused by identity theft is irreversible. ingly occur electronically, personal in- million records containing personal in- Victims will have fraud alerts on their formation can be stored, transmitted formation. Most recently, TJ Maxx credit reports for years to come, mak- and accessed much more easily. Most Stores and MoneyGram both had the ing it more difficult for them to open Americans have benefited from this personal information of their cus- new accounts or make major pur- change. Because personal information tomers stolen from their computer sys- chases. Some will be erroneously con- is available electronically, Americans tems. This list only includes security tacted by collection agencies. Many enjoy the convenience of purchasing breaches involving wrong-doers who will not even know they have been vic- goods over the phone or on the Inter- were trying to obtain personal infor- timized until they try to get a car loan net. They can obtain a home mortgage mation. The list would be much longer or a mortgage on a home. in a matter of hours. They can apply had it included inadvertent disclosure Individuals who have not yet been for a credit card while they wait at the of personal information or incidents in- victims also suffer. Businesses lose store. The availability of such informa- volving stolen computers or other nearly $50 billion a year from identity tion also helps law enforcement agen- equipment that happened to contain thieves posing as customers. These cies conduct investigations and appre- personal information. losses translate into increased prices hend criminals. A large number of colleges and uni- for every consumer. All Americans are In electronic form, personal informa- versities have also suffered significant victims of identify theft, even if their tion is both more valuable and more breaches, including the University of own information remains secure. vulnerable. As the multitude of secu- Southern California, which in July of In some cases, the availability of rity breaches that have occurred over 2005 reported that hackers has accessed electronic personal data can lead to the past 2 years demonstrate, elec- 270,000 records containing personal tragedy. In 1999, a former high school tronic information is more vulnerable data. Other educational institutions classmate of Amy Lynn Boyer obtained because it can be accessed anony- that have been hacked include Boston her former work address and Social Se- mously from afar and can be stolen in College, Northwestern University, curity number from an on-line data a split second. According to the Pri- Tufts University, UCLA, Michigan broker. Using this information, he vacy Rights Clearing House, since Feb- State, Carnegie Mellon, Perdue, Stan- called Amy’s mother and posed as the ruary 2005, over 100 million records ford, Duke, the University of Iowa, the former employer, convincing Amy’s containing personal information have University of Colorado, and the Univer- mom to give him Amy’s new work ad- been subject to some sort of security sity of Utah. dress. He then drove to Amy’s work- breach. The first of these incidents to Governments also have not been im- place and fatally shot her. come to light involved commercial mune from attempts by identity In an effort to protect the privacy data broker ChoicePoint, which in Feb- thieves to obtain personal information. and security of our personal informa- ruary 2005 reported that identity Hackers have accessed personal data at tion, and prevent future tragedies, thieves had gained access to personal the Department of Defense, Depart- small and large, last Congress, Senator information of 163,000 people. The iden- ment of Energy, the Air Force and the LEAHY and I introduced the Personal tity thieves had obtained the informa- Department of Agriculture. Hackers Data Privacy and Security Act. The tion by setting up sham accounts with obtained over half a million records problem is one of large proportions and ChoicePoint. ChoicePoint eventually containing personal data from a State many have views on how to go about settled with the FTC for $15 million, agency in Georgia. The San Diego tackling it. Six committees, three on including $5 million for consumer re- County Employees Retirement Asso- the House side and three on the Senate dress. However, consumers might never ciation, the California Department of side, introduced legislation last Con- have found out about the breach. The Corrections, the Nebraska Treasurers gress addressing data security. At least incident only came to light because of office, the city of Lubbock, TX, and a two other Senate committees became a law California had recently adopted Women, Infants and Children (WIC) involved in the issue. It is my hope requiring ChoicePoint and others to program in Hawaii have all been the that the differences among committees provide notice of security breaches in- victims of similar thefts. and members can be bridged this Con- volving personal information to Cali- Electronic personal data is more val- gress. The problem is simply too large fornia residents who were affected by uable because identity thieves can to ignore. the breach. As a result of the Cali- steal a large volume of data and use it In an effort to start that process, fornia law, Americans for the first time before anyone even knows their per- Senator LEAHY and I are again intro- began learning that data brokers and sonal information has been com- ducing the Personal Data Privacy and others were routinely collecting and promised. For the last 5 years, identity Security Act. We are reintroducing the selling their personal information, and theft has topped the FTC’s list of con- bill in largely the same form that it in so doing, they were not always keep- sumer complaints. From 2002 to 2004, was approved by the Judiciary Com- ing the information secure. the number of complaints rose 52 per- mittee last Congress. The bill takes a After the ChoicePoint incident came cent, to 246,570. Put another way, comprehensive approach to the prob- a long series of security breaches in- that’s one complaint every 2 minutes. lem, an approach I believe is necessary. volving major American companies. In But this is only the tip of the iceberg. First, the legislation goes after iden- March of 2005, Designer Shoe Ware- Not all consumers report identity theft tity thieves by increasing penalties for house reported that hackers had gained to the FTC. Not all victims report crimes involving electronic personal access to personal information, includ- identity theft to their local police. information. It also contains criminal ing credit card numbers, on over 100,000 Sixty percent of those who did file a re- penalties for those who intentionally of its customers. Weeks later, Lexis port with the FTC did not call their conceal a security breach involving Nexis reported that hackers had gained local police department. It stands to personal data. Those who actively con- access to the personal information of reason that many did not call the FTC. ceal breaches attempt to protect them- over 300,000 individuals. Other blue- A recent study by the Better Busi- selves by gambling with the reputa- chip companies where unauthorized ness Bureau concluded that 8.9 million tions and finances of innocent Ameri- persons have gained access to personal Americans were victims of identity cans. They deserve to be punished.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.024 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1637 The bill also empowers Americans to able to those who have a legitimate sell that information to commercial look after the privacy of their own in- need for it. This legislation aims to and government entities. The revela- formation. The bill will allow individ- keep such information out of the hands tions about these security breaches uals to gain access to their personal in- of those who have no legitimate need highlighted the fact that Americans formation when it is in the hands of for it. I want to take a moment to need a better understanding of what commercial data brokers. For individ- thank my colleague, Senator LEAHY, happens to their information in a dig- uals who believe their information is who has been tireless in his efforts to ital world—and what kind of con- wrong—possibly because the activities promote individual privacy. He has sequences they can face as a result. of identity thieves—data brokers must long fought these issues on the Senate When I am back home in Wisconsin, provide assistance with correcting floor and has been a leader in securing I hear from people who do not under- their information. the privacy rights of all Americans. I stand why companies have the right to The legislation also places some of urge my colleagues to join us in sup- sell their sensitive personal informa- the burden of protecting privacy on porting this important legislation. tion. I hear from people who are those that collect personal informa- Mr. FEINGOLD. Mr. President, I am shocked to discover that personal in- tion. It will require the companies, proud to be an original cosponsor of formation about them is available for government agencies, universities and the Personal Data Privacy and Secu- free on the Internet. others that deal with personal informa- rity Act of 2007. This bill is a much- There is no question that data tion to identify and remedy any weak- needed solution to the daunting prob- aggregators facilitate societal benefits, nesses in their computer systems. lem of ensuring the privacy and the se- allowing consumers to obtain instant Such measures will not always be curity of our personal data, which has credit and personalized services, and enough. As I’ve already noted, the na- become such a precious commodity. allowing police officers to locate sus- ture of electronic information makes it Several forces are converging to pects. But these companies also gather vulnerable even when reasonable steps make our personal information more a great deal of potentially sensitive in- are taken to protect it. Currently, over valuable—and more vulnerable—than formation about individuals, and in 30 States have adopted legislation re- ever. The world is digital and so is our many instances they go largely un- quiring companies, agencies, univer- personal data. In this day and age, al- regulated. sities and others to give notice when most everything we do results in a Too many of my constituents feel they experience a security breach that third party creating a digital record that they have lost control over their involves personal information. How- about us—digital records that we may own information. Congress must return ever, no Federal law imposes such a re- not even realize exist. We seek the con- some power to individual Americans so quirement. As a result, companies are venience of opening bank accounts, that we can all better understand and forced to comply with over 30 different managing our credit cards, and making manage what happens to our own per- State laws, an expensive and time-con- major purchases over the Internet. And sonal data. suming endeavor. we often complete these transactions The Personal Data Privacy and Secu- The Personal Data Privacy and Secu- without ever speaking to another per- rity Act takes a comprehensive ap- rity Act requires that both affected in- son face-to-face or over the telephone. proach to the privacy and security dividuals and law enforcement receive Businesses, nonprofits, and political problems we face. It gives consumers notice. Knowledge is power. Once indi- parties are personalizing their mes- back some control over their own in- viduals learn that their personal infor- sages, products, and services to a de- formation. The bill requires data bro- mation is exposed, they can take steps gree we’ve never seen before, and they kers to allow consumers to access their to protect themselves. And, the com- are willing to invest significant own information and to investigate pany, school or agency that experi- amounts of money in collecting per- when consumers tell them that correc- enced the breach must help. They must sonal information about potential cus- tions are necessary. And it requires provide individuals whose data was lost tomers or donors. And we are living in companies to give notice to affected with credit monitoring. For large an age where identity-based screening consumers and to law enforcement if breaches, the media must be notified. and security programs can be vitally there is a serious security breach, so Media reports over the 2 years have important, resulting in more informa- that individuals know their identity made Americans far more aware of the tion being collected about individuals may be at risk and can take steps to problem of security breaches. Hope- in an attempt to identify them accu- protect themselves. fully, we can raise awareness by con- rately. In addition, the bill extends existing tinuing the practice of making public As a result, personal information has criminal law to ensure that it covers announcements. Notice will also give become a hot commodity that is unauthorized access of data broker sys- law enforcement a head start in catch- bought, sold, and—as so often happens tems, as well as concealment of secu- ing those who steal personal informa- when something becomes valuable— rity breaches. It requires companies tion. stolen. that buy and sell information to have Finally, this legislation will protect We are at a crossroads. We all know appropriate data security systems in the privacy of all Americans by pro- about the security breaches that have place. These protections will help safe- viding a check on the government’s use been on the front pages of newspapers. guard against future privacy violations of commercial databases. Federal law They have placed the identities of hun- and security breaches in the commer- enforcement agencies use commercial dreds of thousands of Americans at cial data industry. But that is not all databases to track criminals and risk. The fear among the American this bill accomplishes. criminal activity. Correctly used, these public is so widespread that it has be- The bill also contains some critically databases can be very useful tools in come the basis of an entire ad cam- important privacy and security provi- the fight against crime. However, there paign by a credit card company. sions to govern the government’s use of should be some check on their use. The But this is about much more than in- commercial data. This is an aspect of bill makes it clear that protections formation security. Until California the data broker business that has not similar to those provided by the Pri- law required a company named yet gotten as much attention in the vacy Act are applied to the govern- ChoicePoint to notify individuals in wake of the security breaches over the ment’s use of commercial databases. 2005 that their information was com- past few years. The information gath- The legislation also aims at making promised and that they might be vul- ered by these companies is not just sure the government’s use of such data nerable to identity theft, many Ameri- sold to individuals and businesses; gov- is secure. cans had never heard of ChoicePoint. ernment agencies of all stripes also buy This bill represents a comprehensive As news stories focused on the data or subscribe to information from com- effort to protect the privacy and secu- broker business, many Americans were mercial sources. We all remember the rity of the personal information of all surprised to discover that companies discovery in 2005 that the Pentagon Americans. The lives of most Ameri- are creating digital dossiers about had a contract with a marketing firm cans have been made easier because our them that contain massive amounts of to analyze commercial and other data personal information is readily avail- information, and that these companies about high school and college students.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.025 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1638 CONGRESSIONAL RECORD — SENATE February 6, 2007 Although the government should be who knowingly provide inaccurate in- This bill is necessary to expand the able to access commercial databases in formation to the Federal Government; subway, which is extremely important appropriate circumstances, there are provide individuals who suffer adverse in Los Angeles—a city that ranks time few existing rules or guidelines to en- consequences as a result of the agen- and time again as the most congested sure this information is used respon- cy’s reliance on commercial data with region in the country. The Wilshire sibly. Nor are there restrictions on the a redress mechanism; and establish en- corridor is densely populated and is a use of commercial data for powerful, forcement mechanisms for those pri- large commercial area. The freeways intrusive data mining programs. The vacy policies. and streets are filled—we need transit Privacy Act, which governs when gov- The bill also directs the General in this area. ernment agencies themselves are col- Services Administration to review gov- lecting data, likely does not apply be- ernment contracts for commercial data By Mr. FEINGOLD (for himself cause the information is held outside to make sure that vendors have appro- and Ms. COLLINS): the government and is not gathered priate security programs in place, and S. 498. A bill to amend title XVIII of solely at government direction. that they do not provide information the Social Security Act to improve the As a result, there is a great deal we to the government that they know to Medicare program for beneficiaries re- do not know about government use of be inaccurate. And it requires agencies siding in rural areas; to the Committee commercial data, even in clearly ap- to audit the information security prac- on Finance. propriate circumstances such as when tices of their vendors. Mr. FEINGOLD. Mr. President, the agency’s goal is simply to locate an These are basic good government today, along with my colleague Sen- individual already suspected of a measures. They guarantee that the ator COLLINS from Maine, I am intro- crime. Federal Government is not wasting ducing legislation to address the needs We don’t know under what cir- money on inaccurate data and that of the nearly one-quarter of all Medi- cumstances government employees can vendors are undertaking the security care beneficiaries who live in rural obtain access to these databases or for programs that they have promised and America. These beneficiaries are sys- what purposes. We don’t know how for which the government is paying. tematically disadvantaged in the Medi- government agencies evaluate the ac- We live in a new digital world. The care program. The beauty of Medicare curacy of the databases to which they law may never fully keep up with tech- is its equity, its universality, and its subscribe. We don’t know how the ac- nology, but we must make every effort accessibility. But we have com- curacy level of the data affects govern- we can. I am proud to be involved in promised these values by stratifying ment use of the data. We don’t know this comprehensive, reasoned approach payments, by under-representing rural how employees are monitored to ensure to privacy and security, and I hope it voices on the Medicare Payment Advi- they do not abuse their access to these will move forward in this Congress. I sory Commission, and by continuing to databases. We don’t know how those congratulate Senators LEAHY and use obsolete payment data that hurts who misuse the information are pun- SPECTER for their excellent work on rural America. ished. And we don’t know how govern- this bill. This bill is important and it First, we must stop indexing physi- ment agencies, particularly those en- deserves serious consideration. cian payments for work based on geo- gaged in sensitive national security in- graphic differences. Rural areas al- vestigations, ensure that the data bro- By Mrs. BOXER: ready have a hard enough time recruit- kers cannot keep records of who the S. 497. A bill to repeal a prohibition ing and retaining the Nation’s top tal- government is investigating, records on the use of certain funds for tun- ent. Currently, even though 25 percent which themselves could create a huge neling in certain areas with respect to of Medicare beneficiaries live in rural security risk in light of the the Los Angeles to San Fernando Val- areas, only 10 percent of the Nation’s vulnerabilities that have come to the ley Metro Rail project, California; to physicians serve them. Lower pay- forefront in recent months. the Committee on Banking, Housing, ments to doctors in these areas only That is why I am so pleased that this and Urban Affairs. perpetuate this dangerous shortage of bill includes provisions to address the Mrs. BOXER. Mr. Pesident, today I medical expertise. We should not be government’s use of commercial data. rise to introduce a bill for myself and discouraging medical school graduates A comprehensive approach to data pri- Senator FEINSTEIN to allow for subway from moving to underserved rural vacy and security would be incomplete tunneling in parts of Los Angeles. areas by continuing to offer sub-par without taking on this piece of the puz- In 1985, in response to a methane gas pay—in fact, we should be providing in- zle. The bill recognizes there are many explosion that destroyed a Ross Dress centives to encourage them to work in legitimate reasons for government for Less Store in Los Angeles, Rep- underserved areas. My legislation pro- agencies to obtain commercially avail- resentative WAXMAN worked to enact a poses a project to help rural facilities able data, but that they need to be sub- law that prohibits subway tunneling in to host educators and clinical practi- ject to privacy and security protec- his district. tioners in clinical rotations. tions. It takes a common sense ap- In 2004, the Los Angeles City Council Lack of dollars to rural health facili- proach, pushing government agencies passed a motion in support of reversing ties has also prevented communities to take basic steps to ensure that indi- the laws banning tunneling. In Feb- from investing in vital information viduals’ personal information is secure ruary 2005, the Los Angeles Metropoli- technology. The Institute of Medicine and only used for legitimate purposes, tan Transportation Authority board published a report in 2005 detailing the and that the commercial information also voted to begin discussions of sub- ways in which health IT could assist the government is paying for and rely- way expansion. isolated communities. For example, ing on is accurate and complete. As a result, a panel of scientific ex- since rural physicians tend to be gener- Specifically, the bill would require perts was created to conduct an inde- alists rather than specialists, virtual that federal agencies that subscribe to pendent safety review that determined libraries within physician offices would commercial data adopt standards gov- that subway tunneling could move for- provide both doctors and patients with erning its use. These standards would ward safely with new technology. a wider and deeper source of informa- reflect long-standing basic privacy Representative WAXMAN introduced a tion at their fingertips. Rural residents principles. The bill would ensure that bill to lift the Federal tunneling prohi- can also be quite far from health facili- government agencies consider and de- bition in the last Congress—where it ties, so technology that allows emer- termine which personnel will be per- passed the House—and again in this gency room physicians to commu- mitted to access the information and Congress. Senator FEINSTEIN and I are nicate with EMS workers in an ambu- under what circumstances; develop reintroducing the same bill in the Sen- lance can help patients receive life-sav- tention policies for this personal data ate. ing treatment before they physically and get rid of data they no longer need, This legislation has the support of reach the hospital. These kinds of tech- minimizing the opportunity for abuse Los Angeles Mayor Antonio nologies will improve both the quality or theft; rely only on accurate and Villaraigosa and the Los Angeles Met- and efficiency of care given in rural complete data, and penalize vendors ropolitan Transportation Authority. areas. My legislation offers funding for

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.027 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1639 quality improvement demonstration Sec. 2. Elimination of geographic physician cial or other incentives to hospitals to at- projects, to allow isolated communities work adjustment factor from tract educators and clinical practitioners so to invest in this otherwise out of reach geographic indices used to ad- that hospitals that serve beneficiaries under technology. just payments under the physi- the Medicare program under title XVIII of cian fee schedule. the Social Security Act (42 U.S.C. 1395 et Lastly, this legislation will end the Sec. 3. Clinical rotation demonstration seq.) who are residents of underserved areas disproportionately low representation project. may host clinical rotations. of rural interests on the Medicare Pay- Sec. 4. Medicare rural health care quality (b) DURATION OF PROJECT.—The demonstra- ment Advisory Commission. This lack improvement demonstration tion project shall be conducted over a 5-year of representation has resulted in poli- projects. period. cies that hurt rural communities. Sec. 5. Ensuring proportional representation (c) WAIVER.—The Secretary shall waive Those policies have hurt—and continue of interests of rural areas on such provisions of titles XI and XVIII of the the Medicare Payment Advi- Social Security Act (42 U.S.C. 1301 et seq. to hurt—the people of my State of Wis- sory Commission. and 1395 et seq.) as may be necessary to con- consin, and they hurt my colleague Sec. 6. Implementation of GAO rec- duct the demonstration project under this Senator COLLINS’ constituents as well. ommendations regarding geo- section. For every dollar that Medicare spends graphic adjustment indices (d) REPORTS.—The Secretary shall submit on the average beneficiary in the aver- under the Medicare physician to the appropriate committees of Congress age State in this country, Medicare fee schedule. interim reports on the demonstration project spends only 82 cents on a beneficiary in SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSI- and a final report on such project within 6 CIAN WORK ADJUSTMENT FACTOR months after the conclusion of the project Wisconsin. In Maine, Medicare spends FROM GEOGRAPHIC INDICES USED together with recommendations for such leg- only 80 cents per dollar it spends on the TO ADJUST PAYMENTS UNDER THE islative or administrative action as the Sec- average beneficiary. PHYSICIAN FEE SCHEDULE. retary determines appropriate. How is this the case, if beneficiaries (a) FINDINGS.—Congress finds the fol- (e) FUNDING.—There are appropriated to in Wisconsin and in Maine pay the lowing: the Secretary $20,000,000 to carry out this (1) Variations in the geographic physician section. same payroll taxes as beneficiaries in work adjustment factors under section other States? Because the distribution (f) DEFINITIONS.—In this section: 1848(e) of the Social Security Act (42 U.S.C. (1) HOSPITAL.—The term ‘‘hospital’’ means of Medicare dollars among the 50 1395w–4(e)) result in inequity between local- any subsection (d) hospital (as defined in sec- States is grossly unfair to Wisconsin, ities in payments under the Medicare physi- tion 1886(d)(1)(B) of the Social Security Act and to much of the Upper Midwest. cian fee schedule. (42 U.S.C. 1395ww(d)(1)(B)) that had indirect Wisconsinites pay payroll taxes just (2) Beneficiaries under the Medicare pro- or direct costs of medical education during like every American taxpayer, but the gram that reside in areas where such adjust- the most recent cost reporting period pre- Medicare funds we get in return are ment factors are high have relatively more ceding the date of enactment of this Act. access to services that are paid based on (2) SECRETARY.—The term ‘‘Secretary’’ lower than those received in many such fee schedule. other States. means the Secretary of Health and Human (3) There are a number of studies indi- Services. With the guidance and support of cating that the market for health care pro- (3) UNDERSERVED AREA.—The term ‘‘under- people across my State who are fight- fessionals has become nationalized and his- served area’’ means such medically under- ing for Medicare fairness, I am intro- torically low labor costs in rural and small served urban areas and medically under- ducing this legislation to address Medi- urban areas have disappeared. served rural areas as the Secretary may care’s discrimination against Wiscon- (4) Elimination of the adjustment factors specify. described in paragraph (1) would equalize the sin’s seniors and health care providers. SEC. 4. MEDICARE RURAL HEALTH CARE QUAL- reimbursement rate for services reimbursed ITY IMPROVEMENT DEMONSTRA- My bill will decrease some of the in- under the Medicare physician fee schedule equitable payments that harm rural TION PROJECTS. while remaining budget-neutral. (a) ESTABLISHMENT.— areas. It will provide rural areas the (b) ELIMINATION.—Section 1848(e) of the So- (1) IN GENERAL.—Not later than 6 months help they need to grow crucial health cial Security Act (42 U.S.C. 1395w–4(e)) is after the date of enactment of this Act, the information technology infrastructure. amended— Secretary of Health and Human Services (in It will offer the necessary incentives to (1) in paragraph (1)(A)(iii), by striking ‘‘an this section referred to as the ‘‘Secretary’’) help attract the Nation’s top medical index’’ and inserting ‘‘for services provided shall establish not more that 10 demonstra- talent to underserved rural areas. And before January 1, 2008, an index’’; and tion projects to provide for improvements, as (2) in paragraph (2), by inserting ‘‘, for it will mandate rural representation on recommended by the Institute of Medicine, services provided before January 1, 2008,’’ in the quality of health care provided to in- the Medicare Payment Advisory Com- after ‘‘paragraph (4)), and’’. dividuals residing in rural areas. mission. Rural seniors are already un- (c) BUDGET NEUTRALITY ADJUSTMENT FOR (2) ACTIVITIES.—Activities under the derserved in their communities; they ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK projects may include public health surveil- should not be underrepresented in ADJUSTMENT FACTOR.—Section 1848(d) of the lance, emergency room videoconferencing, Washington as well. Social Security Act (42 U.S.C. 1395w–4(d)), as virtual libraries, telemedicine, electronic Rural Americans have worked hard amended by section 101 of the Medicare Im- health records, data exchange networks, and and paid into the Medicare program all provement and Extension Act of 2006, is any other activities determined appropriate amended— by the Secretary. their lives. In return, they deserve full (1) in paragraph (1)(A), by striking ‘‘The access to the same benefits as seniors (3) CONSULTATION.—The Secretary shall conversion’’ and inserting ‘‘Subject to para- consult with the Rural Health Quality Advi- throughout the country: their choice of graph (8), the conversion’’; and sory Commission, the Office of Rural Health highly skilled physicians, use of the (2) by adding at the end the following new Policy of the Health Resources and Services latest technologies, and a strong voice paragraph: Administration, the Agency for Healthcare representing their needs in Medicare ‘‘(8) BUDGET NEUTRALITY ADJUSTMENT FOR Research and Quality, and the Centers for policy. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK Medicare & Medicaid Services in carrying I ask unanimous consent that the ADJUSTMENT FACTOR.—Before applying an up- out the provisions of this section. date for a year under this subsection, the text of my bill be printed in the (b) DURATION.—Each demonstration project Secretary shall (if necessary) provide for an under this section shall be conducted over a RECORD. adjustment to the conversion factor for that 4-year period. There being no objection, the text of year to ensure that the aggregate payments (c) DEMONSTRATION PROJECT SITES.—The the bill was ordered to be printed in under this part in that year shall be equal to Secretary shall ensure that the demonstra- the RECORD, as follows: aggregate payments that would have been tion projects under this section are con- S. 498 made under such part in that year if the ducted at a variety of sites representing the amendments made by section 2(b) of the Be it enacted by the Senate and House of Rep- diversity of rural communities in the Na- Rural Medicare Equity Act of 2007 had not resentatives of the United States of America in tion. been enacted.’’. (d) WAIVER.—The Secretary shall waive Congress assembled, SEC. 3. CLINICAL ROTATION DEMONSTRATION such provisions of titles XI and XVIII of the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PROJECT. Social Security Act (42 U.S.C. 1301 et seq. (a) SHORT TITLE.—This Act may be cited as (a) ESTABLISHMENT.—Not later than 6 and 1395 et seq.) as may be necessary to con- the ‘‘Rural Medicare Equity Act of 2007’’. months after the date of enactment of this duct the demonstration projects under this (b) TABLE OF CONTENTS.—The table of con- Act, the Secretary shall establish a dem- section. tents of this Act is as follows: onstration project that provides for dem- (e) INDEPENDENT EVALUATION.—The Sec- Sec. 1. Short title; table of contents. onstration grants designed to provide finan- retary shall enter into an arrangement with

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1640 CONGRESSIONAL RECORD — SENATE February 6, 2007 an entity that has experience working di- joined by Senator MEL MARTINEZ, Sen- I ask unanimous consent that the rectly with rural health systems for the con- ator BOB MENENDEZ, and 20 additional text of the bill be printed in the duct of an independent evaluation of the Senators from both sides of the aisle. RECORD. projects conducted under this section. There being no objection, the text of (f) REPORTS.—The Secretary shall submit The National Museum of the Amer- to the appropriate committees of Congress ican Latino Community Commission the bill was ordered to be printed in interim reports on each demonstration Act will establish a Commission to the RECORD, as follows: project and a final report on such project study the potential creation of a Na- S. 500 within 6 months after the conclusion of the tional Museum of the American Latino Be it enacted by the Senate and House of Rep- project. Such reports shall include rec- Community. The Commission mem- resentatives of the United States of America in ommendations regarding the expansion of bers, selected by the President and Congress assembled, the project to other areas and recommenda- Members of Congress, will be tasked SECTION 1. SHORT TITLE. tions for such other legislative or adminis- This Act may be cited as the ‘‘Commission trative action as the Secretary determines with studying the impact of such a Mu- to Study the Potential Creation of the Na- appropriate. seum and the cost of constructing and tional Museum of the American Latino Act (g) FUNDING.—There are appropriated to maintaining a museum, developing a of 2007’’. the Secretary $50,000,000 to carry out this plan of action and a fundraising plan, SEC. 2. ESTABLISHMENT OF COMMISSION. section. and proposing recommendations to (a) IN GENERAL.—There is established the SEC. 5. ENSURING PROPORTIONAL REPRESENTA- make the Museum a reality. Commission to Study the Potential Creation TION OF INTERESTS OF RURAL As we begin our efforts to pass this of a National Museum of the American AREAS ON THE MEDICARE PAYMENT Latino (in this Act referred to as the ‘‘Com- ADVISORY COMMISSION. significant legislation, the U.S. House mission’’). (a) IN GENERAL.—Section 1805(c)(2) of the of Representatives is set to complete (b) MEMBERSHIP.—The Commission shall Social Security Act (42 U.S.C. 1395b–6(c)(2)) is their consideration of H.R. 512, the consist of 23 members appointed not later amended— House companion bill, and will pass the than 6 months after the date of enactment of (1) in subparagraph (A), by inserting ‘‘con- bill on the House floor today. It has this Act as follows: sistent with subparagraph (E)’’ after ‘‘rural been a pleasure to working with Rep- (1) The President shall appoint 7 voting representatives’’; and members. (2) by adding at the end the following new resentative XAVIER BECERRA and Rep- (2) The Speaker of the House of Represent- subparagraph: resentative ILEANA ROS-LEHTINEN, who atives, the minority leader of the House of ‘‘(E) PROPORTIONAL REPRESENTATION OF IN- have championed this legislation for Representatives, the majority leader of the TERESTS OF RURAL AREAS.—In order to pro- several years. I hope to work with the Senate, and the minority leader of the Sen- vide a balance between urban and rural rep- Senate Energy and Natural Resource ate shall each appoint 3 voting members. resentatives under subparagraph (A), the Committee to quickly advance the (3) In addition to the members appointed proportion of members who represent the in- Senate bill, so that we can, at last, under paragraph (2), the Speaker of the terests of health care providers and Medicare move forward. House of Representatives, the minority lead- beneficiaries located in rural areas shall be er of the House of Representatives, the ma- no less than the proportion, of the total If we are successful in our efforts, I jority leader of the Senate, and the minority number of Medicare beneficiaries, who reside believe we will have done our part to leader of the Senate shall each appoint 1 in rural areas.’’. enhance the experience of the millions nonvoting member. (b) EFFECTIVE DATE.—The amendments who visit our Nation’s capital every (c) QUALIFICATIONS.—Members of the Com- made by subsection (a) shall apply with re- year. By passing this legislation, we mission shall be chosen from among individ- spect to appointments made to the Medicare will contribute to the ongoing, deeply uals, or representatives of institutions or en- Payment Advisory Commission after the rewarding, and profoundly important tities, who possess either— date of the enactment of this Act. (1) a demonstrated commitment to the re- process of national self-discovery. SEC. 6. IMPLEMENTATION OF GAO REC- search, study, or promotion of American OMMENDATIONS REGARDING GEO- Washington, DC is the symbolic Latino life, art, history, political or eco- GRAPHIC ADJUSTMENT INDICES heart of our country. When Americans nomic status, or culture, together with— UNDER THE MEDICARE PHYSICIAN travel to their capital, they expect the (A) expertise in museum administration; FEE SCHEDULE. museums, monuments, and national (B) expertise in fundraising for nonprofit Not later than 180 days after the date of or cultural institutions; enactment of this Act, the Secretary of parks they visit to reflect the complete American experience. I celebrate the (C) experience in the study and teaching of Health and Human Services shall implement Latino culture and history at the post-sec- the recommendations contained in the opening of the National Museum of the ondary level; March 2005 GAO report 05–119 entitled ‘‘Medi- America Indian and efforts underway (D) experience in studying the issue of the care Physician Fees: Geographic Adjustment to establish the National Museum of Smithsonian Institution’s representation of Indices are Valid in Design, but Data and African American History and Culture American Latino art, life, history, and cul- Methods Need Refinement.’’. because I believe we must celebrate our ture; or (E) extensive experience in public or elect- By Mr. SALAZAR (for himself, rich, diverse national heritage. Hispanics have long been a part of ed service; or Mr. MARTINEZ, Mr. MENENDEZ, (2) experience in the administration of, or Mr. BAYH, Mr. BIDEN, Mr. our country’s history and my own fam- the planning for the establishment of, muse- BINGAMAN, Mrs. BOXER, Mr. ily’s story illustrates this truth. ums devoted to the study and promotion of DOMENICI, Mr. DURBIN, Mrs. Over 400 years ago, in 1598, my family the role of ethnic, racial, or cultural groups FEINSTEIN, Mrs. HUTCHISON, Mr. helped found the oldest city in what is in American history. KENNEDY, Mr. KERRY, Mr. LAU- now these United States. They named SEC. 3. FUNCTIONS OF THE COMMISSION. (a) PLAN OF ACTION FOR ESTABLISHMENT TENBERG, Mr. LIEBERMAN, Mr. the city Santa Fe—the City of Holy AND MAINTENANCE OF MUSEUM.—The Com- LUGAR, Mr. MCCAIN, Mr. NEL- Faith—because they knew the hand of God would guide them through the mission shall submit a report to the Presi- SON of Florida, Mr. OBAMA, Mr. dent and Congress containing its rec- REID, Mr. SCHUMER, Mr. BROWN, struggles of survival in the ages ahead. ommendations with respect to a plan of ac- Mr. FEINGOLD, and Mrs. CLIN- In Hispanic Pioneers in Colorado and tion for the establishment and maintenance TON): New Mexico, a new book by Colorado of a National Museum of the American S. 500. A bill to establish the Com- Society of Hispanic Genealogy, their Latino in Washington, DC (in this Act re- mission to Study the Potential Cre- triumph over extreme adversity is doc- ferred to as the ‘‘Museum’’). umented. The time has come for the (b) FUNDRAISING PLAN.—The Commission ation of the National Museum of the shall develop a fundraising plan for sup- American Latino to develop a plan of story of these pioneers to be told in our porting the creation and maintenance of the action for the establishment and main- Nation’s capital. Museum through contributions by the Amer- tenance of a National Museum of the As a proud American, I want to en- ican people, and a separate plan on fund- American Latino in Washington, DC, sure that every individual who visits raising by the American Latino community. and for other purposes; to the Com- Washington has a chance to learn the (c) REPORT ON ISSUES.—The Commission mittee on Energy and Natural Re- full history of who we are as Ameri- shall examine (in consultation with the Sec- retary of the Smithsonian Institution), and sources. cans. It is my hope that the Senate can submit a report to the President and Con- Mr. SALAZAR. Mr. President, I rise work to pass this important bill. In gress on, the following issues: to speak about bi-partisan legislation I doing so, we will preserve our shared (1) The availability and cost of collections am introducing today. I am proud to be America history. to be acquired and housed in the Museum.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.027 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1641 (2) The impact of the Museum on regional By Mr. SMITH: services and supports. Surprisingly, Hispanic- and Latino-related museums. S. 504. A bill to amend the Internal more than 40 percent of persons receiv- (3) Possible locations for the Museum in Revenue Code of 1986 to establish long- ing long-term care are between the Washington, DC and its environs, to be con- term care trust accounts and allow a ages of 18 and 64. Some were born with sidered in consultation with the National Capital Planning Commission and the Com- refundable tax credit for contributions disabilities; others came to be disabled mission of Fine Arts, the Department of the to such accounts, and for other pur- through accident or illness. No one can Interior and Smithsonian Institution. poses; to the Committee on Finance. predict their long-term health care (4) Whether the Museum should be located Mr. SMITH. Mr. President, I rise needs. Therefore, everyone needs to be within the Smithsonian Institution. today to introduce the Long-Term Care prepared. (5) The governance and organizational Trust Account Act of 2007. I am pleased Currently, long-term care insurance structure from which the Museum should op- to be joined by my colleague Senator is the main way to prepare for possible erate. BLANCHE LINCOLN who has been a tire- future care and support needs. Long- (6) How to engage the American Latino less leader on issues of importance to community in the development and design of term care insurance helps protect as- the Museum. the health of our Nation. I look for- sets and income from the devastating (7) The cost of constructing, operating, and ward to continuing to work with Sen- financial consequences of long-term maintaining the Museum. ator LINCOLN on this legislation as well health care costs. Today’s comprehen- (d) LEGISLATION TO CARRY OUT PLAN OF AC- as other opportunities to improve sive long-term care insurance policies TION.—Based on the recommendations con- health care in America. allow consumers to choose from a vari- tained in the report submitted under sub- We are an aging Nation. With ety of benefits and offer a wide range of section (a) and the report submitted under babyboomers rapidly retiring, the need coverage choices. They allow individ- subsection (c), the Commission shall submit for long-term care planning is becom- for consideration to the Committee on uals to receive care in a variety of set- Transportation and Infrastructure of the ing even more critical. However, we tings including nursing homes, home House of Representatives, the Committee on know all too well that planning for the care, assisted living facilities and adult House Administration of the House of Rep- likelihood of disability in young or old day care. Some of the most recent poli- resentatives, the Committee on Rules and age is not done as actively as we would cies also provide a cash-benefit that a Administration of the Senate, the Commit- like it to be. Currently, only about 7 consumer can spend in the manner he tees on Natural Resources of the House of percent of all money spent on long- or she chooses. When we buy long-term Representatives and the Senate, and the term care comes from private insur- care insurance, we are also working to Committees on Appropriations of the House ance. Too often, insurance is not being of Representatives and the Senate rec- ensure that we can make more inde- ommendations for a legislative plan of ac- purchased, funds are not being saved pendent long-term care decisions and tion to create and construct the Museum. and persons with disabilities are forced reduce the strain on state Medicaid (e) NATIONAL CONFERENCE.—In carrying out to rely on Medicaid for their daily care. budgets. its functions under this section, the Commis- As a Nation, we need to do better. Unfortunately, for too many, the sion may convene a national conference on Senator LINCOLN and I believe that our struggle to pay the immediate costs of the Museum, comprised of individuals com- bill will encourage Americans to invest long-term care insurance sometimes mitted to the advancement of American in their futures and in their care, Latino life, art, history, and culture, not outweighs the security these products which is an important first step. would provide. As Americans are later than 18 months after the commission Specifically, our legislation will cre- members are selected. spending more and saving less, I fear ate a new type of savings mechanism SEC. 4. ADMINISTRATIVE PROVISIONS. the American middle class is woefully for the purpose of preparing for the (a) FACILITIES AND SUPPORT OF DEPART- unprepared to meet the coming chal- costs associated with long-term care MENT OF THE INTERIOR.—The Department of lenges of their long-term care needs. services and purchasing long-term care the Interior shall provide from funds appro- Moving forward in our effort to help in- insurance. An individual who estab- priated for this purpose administrative serv- dividuals prepare for life in their later ices, facilities, and funds necessary for the lishes a long-term care trust account years, we must encourage them to pur- performance of the Commission’s functions. can contribute up to $5,000 per year to chase long-term care insurance and These funds shall be made available prior to their account and receive a refundable save for long-term care services. The any meetings of the Commission. 10 percent tax credit on that contribu- (b) COMPENSATION.—Each member of the Long-Term Care Trust Account Act of tion. Interest accrued on these ac- Commission who is not an officer or em- 2007 is designed to achieve both goals. ployee of the Federal Government may re- counts will be tax free, and funds could be withdrawn for the purchase of long- It is my hope that this legislation ceive compensation for each day on which will help all Americans save for their the member is engaged in the work of the term care insurance or to pay for long- future and their independence during Commission, at a daily rate to be determined term care services. Our bill also will by the Secretary of the Interior. allow an individual to make contribu- times of vulnerability. I urge my col- (c) TRAVEL EXPENSES.—Each member shall tions to another person’s Long-Term leagues on both sides of the aisle to be entitled to travel expenses, including per Care Trust Account. This will allow support this important bill. diem in lieu of subsistence, in accordance relatives to help their parents or a I ask unanimous consent that the with applicable provisions under subchapter text of the bill be printed in the I of chapter 57 of title 5, United States Code. loved one prepare for their future RECORD. (d) FEDERAL ADVISORY COMMITTEE ACT.— health care needs. The Commission is not subject to the provi- The Centers for Medicare and Med- There being no objection, the text of sions of the Federal Advisory Committee icaid Services estimates that national the bill was ordered to be printed in Act. spending for long-term care was more the RECORD, as follows: SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; than $190 billion in 2004, representing S. 504 TERMINATION. about 12.5 percent of all personal Be it enacted by the Senate and House of Rep- (a) DEADLINE.—The Commission shall sub- health care expenditures. While those resentatives of the United States of America in mit final versions of the reports and plans Congress assembled, required under section 3 not later than 24 numbers already are staggering, we months after the date of the Commission’s also know that the need for long-term SECTION 1. SHORT TITLE. first meeting. care is expected to grow significantly This Act may be cited as the ‘‘Long-Term (b) TERMINATION.—The Commission shall in coming decades. Almost two-thirds Care Trust Account Act of 2007’’. terminate not later than 30 days after sub- of people receiving long-term care are SEC. 2. LONG-TERM CARE TRUST ACCOUNTS. mitting the final versions of reports and over age 65, with this number expected (a) IN GENERAL.—Subchapter F of chapter 1 plans pursuant to subsection (a). to double by 2030. We also know that of the Internal Revenue Code of 1986 (relat- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the population over age 85, those most ing to exempt organizations) is amended by There are authorized to be appropriated for likely to need long-term services and adding at the end the following new part: carrying out the activities of the Commis- ‘‘PART IX—LONG-TERM CARE TRUST sion $2,100,000 for the first fiscal year begin- supports, is expected to increase more ACCOUNTS ning after the date of enactment of this Act than 250 percent by 2040 from 4.3 mil- and $1,100,000 for the second fiscal year be- lion to 15.4 million. ‘‘SEC. 530A. LONG-TERM CARE TRUST ACCOUNTS. ginning after the date of enactment of this Today, millions of Americans are re- ‘‘(a) GENERAL RULE.—A Long-Term Care Act. ceiving or are in need of long-term care Trust Account shall be exempt from taxation

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.029 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1642 CONGRESSIONAL RECORD — SENATE February 6, 2007 under this subtitle. Notwithstanding the pre- election of the donor, be taken into account tract shall be computed as of the close of the ceding sentence, such account shall be sub- for purposes of such section ratably over the calendar year in which the taxable year be- ject to the taxes imposed by section 511 (re- 5-year period beginning with such calendar gins. lating to imposition of tax on unrelated busi- year. ‘‘(6) SPECIAL RULES FOR DEATH AND DI- ness income of charitable organizations). ‘‘(d) QUALIFIED ROLLOVER CONTRIBUTION.— VORCE.— ‘‘(b) LONG-TERM CARE TRUST ACCOUNT.— For purposes of this section, the term ‘quali- ‘‘(A) IN GENERAL.—Rules similar to the For purposes of this section, the term ‘Long- fied rollover contribution’ means a contribu- rules of paragraphs (7) and (8) of section Term Care Trust Account’ means a trust cre- tion to a Long-Term Care Trust Account— 220(f) shall apply. ated or organized in the United States for ‘‘(1) from another such account of the same ‘‘(B) AMOUNTS INCLUDIBLE IN ESTATE OF the exclusive benefit of an individual who is beneficiary, but only if such amount is con- DONOR MAKING EXCESS CONTRIBUTIONS.—In the the designated beneficiary of the trust and tributed not later than the 60th day after the case of a donor who makes the election de- which is designated (in such manner as the distribution from such other account, and scribed in subsection (c)(2)(B) and who dies Secretary shall prescribe) at the time of the ‘‘(2) from a Long-Term Care Trust Account before the close of the 5-year period referred establishment of the trust as a Long-Term of a spouse of the beneficiary of the account to in such subsection, the gross estate of the Care Trust Account, but only if the written to which the contribution is made, but only donor shall include the portion of such con- governing instrument creating the trust if such amount is contributed not later than tributions properly allocable to periods after meets the following requirements: the 60th day after the distribution from such the date of death of the donor. ‘‘(1) Except in the case of a qualified roll- other account. ‘‘(7) ADDITIONAL TAX.—The tax imposed by ‘‘(e) TAX TREATMENT OF DISTRIBUTIONS.— over contribution described in subsection this chapter for any taxable year on any tax- ‘‘(1) IN GENERAL.—Any distribution from a (d)— payer who receives a payment or distribu- Long-Term Care Trust Account shall be in- ‘‘(A) no contribution will be accepted un- tion from a Long-Term Care Trust Account cludible in the gross income of the dis- less it is in cash, and which is includible in gross income shall be tributee in the manner as provided under ‘‘(B) contributions will not be accepted for increased by 25 percent of the amount which section 72 to the extent not excluded from the calendar year in excess of the contribu- is so includible under rules similar to the gross income under any other provision of tion limit specified in subsection (c)(1). rules of section 530(d)(4). this subsection. ‘‘(2) The trustee is a bank (as defined in ‘‘(8) DENIAL OF DOUBLE BENEFIT.—For pur- ‘‘(2) LONG-TERM CARE INSURANCE PRE- section 408(n)), an insurance company (as de- poses of determining the amount of any de- MIUMS.—If at the time of any distribution, fined in section 816), or another person who the designated beneficiary is not a chron- duction under this chapter, any payment or demonstrates to the satisfaction of the Sec- ically ill individual (as defined in section distribution out of a Long-Term Care Trust retary that the manner in which that person 7702B(c)(2)), no amount shall be includible in Account shall not be treated as an expense will administer the trust will be consistent gross income under paragraph (1) if the ag- paid for medical care. with the requirements of this section or who gregate premiums for any qualified long- ‘‘(f) DESIGNATED BENEFICIARY.—For pur- has so demonstrated with respect to any in- term care insurance contract for such bene- poses of this section, the term ‘designated dividual retirement plan. ficiary during the taxable year are not less beneficiary’ means the individual designated ‘‘(3) No part of the trust assets will be in- than the aggregate distributions during the at the commencement of participation in the vested in life insurance contracts. taxable year. Long-Term Care Trust Account as the bene- ‘‘(4) The interest of an individual in the ‘‘(3) DISTRIBUTIONS FOR QUALIFIED LONG- ficiary of amounts paid (or to be paid) to the balance of his account is nonforfeitable. TERM CARE SERVICES.—For purposes of this account. ‘‘(5) The assets of the trust shall not be subsection, if at the time of any distribution, ‘‘(g) LOSS OF TAXATION EXEMPTION OF AC- commingled with other property except in a the designated beneficiary is a chronically COUNT WHERE BENEFICIARY ENGAGES IN PRO- common trust fund or common investment ill individual (as so defined)— HIBITED TRANSACTION.—Rules similar to the fund. ‘‘(A) IN-KIND DISTRIBUTIONS.—No amount rules of paragraph (2) of section 408(e) shall ‘‘(6) Except as provided in subsection (e)(2), shall be includible in gross income under apply to any Long-Term Care Trust Account. no distribution will be allowed if at the time paragraph (1) by reason of a distribution ‘‘(h) CUSTODIAL ACCOUNTS.—For purposes of of such distribution the designated bene- which consists of providing a benefit to the this section, a custodial account or an annu- ficiary is not a chronically ill individual (as distributee which, if paid for by the dis- ity contract issued by an insurance company defined in section 7702B(c)(2)). tributee, would constitute expenses for any qualified to do business in a State shall be ‘‘(c) TAX TREATMENT OF CONTRIBUTIONS.— qualified long-term care services (as defined treated as a trust under this section if— ‘‘(1) CONTRIBUTION LIMIT.— in section 7702B(c)). ‘‘(1) the custodial account or annuity con- ‘‘(A) IN GENERAL.—The aggregate amount ‘‘(B) CASH DISTRIBUTIONS.—In the case of tract would, except for the fact that it is not of contributions (other than qualified roll- distributions not described in subparagraph a trust, constitute a trust which meets the over contributions described in subsection (A), if— requirements of subsection (b), and (d)) for any taxable year to all Long-Term ‘‘(i) such distributions do not exceed the ‘‘(2) in the case of a custodial account, the Care Trust Accounts maintained for the ben- expenses for qualified long-term care serv- assets of such account are held by a bank (as efit of the designated beneficiary shall not ices (as so defined), reduced by expenses de- defined in section 408(n)) or another person exceed $5,000. scribed in subparagraph (A), no amount shall who demonstrates, to the satisfaction of the ‘‘(B) INFLATION ADJUSTMENT.—In the case be includible in gross income, and Secretary, that the manner in which he will of any taxable year beginning in a calendar ‘‘(ii) in any other case, the amount other- administer the account will be consistent year after 2007, the dollar amount under sub- wise includible in gross income shall be re- with the requirements of this section. paragraph (A) shall be increased by an duced by an amount which bears the same For purposes of this title, in the case of a amount equal to— ratio to such amount as such expenses bear custodial account or annuity contract treat- ‘‘(i) such dollar amount, multiplied by to such distributions. ed as a trust by reason of the preceding sen- ‘‘(ii) the medical care cost adjustment de- ‘‘(4) CHANGE IN BENEFICIARIES OR AC- tence, the person holding the assets of such termined under section 213(d)(10)(B)(ii) for COUNTS.—Paragraph (1) shall not apply to account or holding such annuity contract the calendar year in which the taxable year that portion of any distribution which, with- shall be treated as the trustee thereof. begins, determined by substituting ‘2006’ for in 60 days of such distribution, is trans- ‘‘(i) REPORTS.—The trustee of a Long-Term ‘1996’ in subclause (II) thereof. ferred— Care Trust Account shall make such reports If any amount as adjusted under the pre- ‘‘(A) to another Long-Term Care Trust Ac- regarding such account to the Secretary and ceding sentence is not a multiple of $10, such count for the benefit of the designated bene- to the beneficiary of the account with re- amount shall be rounded to the next lowest ficiary, or spect to contributions, distributions, and multiple of $10. ‘‘(B) to the credit of another designated such other matters as the Secretary may re- ‘‘(2) GIFT TAX TREATMENT OF CONTRIBU- beneficiary under a Long-Term Care Trust quire. The reports required by this sub- TIONS.—For purposes of chapters 12 and 13— Account who is a spouse of the designated section shall be filed at such time and in ‘‘(A) IN GENERAL.—Any contribution to a beneficiary with respect to which the dis- such manner and furnished to such individ- Long-Term Care Trust Account on behalf of tribution was made. uals at such time and in such manner as may any designated beneficiary— ‘‘(5) OPERATING RULES.—For purposes of ap- be required.’’. ‘‘(i) shall be treated as a completed gift to plying section 72— (b) TAX ON EXCESS CONTRIBUTIONS.— such beneficiary which is not a future inter- ‘‘(A) to the extent provided by the Sec- (1) IN GENERAL.—Subsection (a) of section est in property, and retary, all Long-Term Care Trust Accounts 4973 of the Internal Revenue Code of 1986 (re- ‘‘(ii) shall not be treated as a qualified of which an individual is a designated bene- lating to tax on excess contributions to cer- transfer under section 2503(e). ficiary shall be treated as one account, tain tax-favored accounts and annuities) is ‘‘(B) TREATMENT OF EXCESS CONTRIBU- ‘‘(B) except to the extent provided by the amended by striking ‘‘or’’ at the end of para- TIONS.—If the aggregate amount of contribu- Secretary, all distributions during a taxable graph (4), by inserting ‘‘or’’ at the end of tions described in subparagraph (A) during year shall be treated as one distribution, and paragraph (5), and by inserting after para- the calendar year by a donor exceeds the ‘‘(C) except to the extent provided by the graph (5) the following new paragraph: limitation for such year under section Secretary, the value of the contract, income ‘‘(6) a Long-Term Care Trust Account (as 2503(b), such aggregate amount shall, at the on the contract, and investment in the con- defined in section 530A),’’.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1643 (2) EXCESS CONTRIBUTION.—Section 4973 of ‘‘(B) $10,000 ($20,000 in the case of a joint re- fact, the National School Supply and such Code is amended by adding at the end turn). Equipment Association found that edu- the following new subsection: ‘‘(3) ADJUSTED GROSS INCOME.—For pur- cators spend an average of $826 to sup- ‘‘(h) EXCESS CONTRIBUTIONS TO LONG-TERM poses of this subsection, adjusted gross in- plement classroom supplies, plus $926 CARE TRUST ACCOUNTS.—For purposes of this come shall be determined without regard to for instructional materials on top of section— sections 911, 931, and 933. ‘‘(1) IN GENERAL.—In the case of Long-Term ‘‘(c) DENIAL OF DOUBLE BENEFIT.—No de- that—for a total of over $1,700 out of Care Trust Accounts (within the meaning of duction shall be allowed under this chapter their own pockets. section 530A), the term ‘excess contributions’ for any amount taken into account in deter- In most States, including mine, means the sum of— mining the credit under this section.’’. teachers are very modestly paid for ‘‘(A) the amount by which the amount con- (b) CONFORMING AMENDMENTS.— their jobs. I think it is so impressive tributed for the calendar year to such ac- (1) Paragraph (2) of section 1324(b) of title that despite challenging jobs and mod- counts (other than qualified rollover con- 31, United States Code, is amended by insert- est salaries, teachers are willing to dig tributions (as defined in section 530A(d))) ex- ing before the period ‘‘, or from section 35A deep into their own pockets to enrich of such Code’’. ceeds the contribution limit under section the classroom experience, because they 530A(c)(1), and (2) The table of sections of subpart C of ‘‘(B) the amount determined under this part IV of subchapter A of chapter 1 of the care so deeply for their students. subsection for the preceding calendar year, Internal Revenue Code of 1986 is amended by Indeed, I have spoken to dozens of reduced by the excess (if any) of the max- inserting after the item relating to section teachers in Maine who tell me they imum amount allowable as a contribution 35 the following new item: routinely spend far in excess of the $250 under section 530A(c)(1) for the calendar year ‘‘Sec. 35A. Contributions to Long-Term Care deduction limit that is in current law. over the amount contributed to the accounts Trust Accounts.’’. I have made a practice of visiting for the calendar year. (c) EFFECTIVE DATE.—The amendments schools all over Maine, and so far, I ‘‘(2) SPECIAL RULE.—A contribution shall made by this section shall apply to amounts have had the opportunity to visit more not be taken into account under paragraph paid or incurred in taxable years beginning than 160 schools in my State. At vir- (1) if such contribution (together with the after December 31, 2005. tually every school I visit, I find teach- amount of net income attributable to such contribution) is returned to the beneficiary By Ms. COLLINS (for herself, Mr. ers who are spending their own money to benefit their students. Year after before June 1 of the year following the year WARNER, Ms. LANDRIEU, Mr. year, these teachers spend hundreds of in which the contribution is made.’’. COLEMAN, Mr. VITTER, Mr. (c) FAILURE TO PROVIDE REPORTS ON LONG- dollars on books, bulletin boards, com- SMITH, and Mr. NELSON of Ne- TERM CARE TRUST ACCOUNTS.—Paragraph (2) puter software, crayons, construction of section 6693(a) of the Internal Revenue braska). S. 505. A bill to amend the Internal paper, stamps, inkpads—everything Code of 1986 (relating to failure to provide re- you can think of. Let me just give you Revenue Code of 1986 to increase the ports on individual retirement accounts or a couple of examples. Anita Hopkins above-the-line deduction for teacher annuities) is amended by striking ‘‘and’’ at and Kathi Toothaker, who are elemen- the end of subparagraph (D), by striking the classroom supplies and to expand such tary school teachers from Augusta, period at the end of subparagraph (E) and in- deduction to include qualified profes- ME, purchase books for their students serting ‘‘, and’’, and by inserting after sub- sional development expenses; to the paragraph (E) the following new subpara- to have as a classroom library, as well Committee on Finance. as workbooks and sight cards. They graph: Ms. COLLINS. Mr. President, the bill ‘‘(F) section 530A(i) (relating to Long-Term have also purchased special prizes for that I am introducing today, along Care Trust Accounts).’’. positive reinforcement for their stu- (d) CONFORMING AMENDMENT.—The table of with Senators WARNER, LANDRIEU, dents. Mrs. Hopkins estimates that she parts for subchapter F of chapter 1 of the In- VITTER, COLEMAN, SMITH, and NELSON spends $800 to $1,000 of her own money ternal Revenue Code of 1986 is amended by of Nebraska, would increase and ex- on extra materials to make learning adding at the end the following new item: pand the Teacher Tax deduction pro- fun and to create a stimulating class- ‘‘PART IX. LONG-TERM CARE TRUST vided in current law. The Teacher Tax room environment. ACCOUNTS’’. deduction is available to school teach- This bill would also expand the (e) EFFECTIVE DATE.—The amendments ers and other educators who incur out- Teacher Tax deduction to make it made by this section shall apply to taxable of-pocket expenses in order to purchase available to teachers who incur ex- years beginning after December 31, 2006. classroom supplies for their students. penses for professional development. SEC. 3. REFUNDABLE CREDIT FOR CONTRIBU- The bill we are offering today would in- Whenever the provisions of ‘‘No Child TIONS TO LONG-TERM CARE TRUST crease this above-the-line tax deduc- ACCOUNTS. Left Behind’’ are being debated, we (a) IN GENERAL.—Subpart C of part IV of tion to $400, allow the deduction to be hear a lot of discussion about the need subchapter A of chapter 1 of the Internal taken for expenses related to profes- for highly-qualified teachers. One of Revenue Code of 1986 (relating to refundable sional development, and make the de- the best ways for teachers to improve credits) is amended by inserting after section duction permanent. their qualifications is through profes- 35 the following new section: This bill builds upon a $250 tax deduc- sional development. Yet, in towns in ‘‘SEC. 35A. CONTRIBUTIONS TO LONG-TERM CARE tion in current law authored by Sen- my State, and I suspect throughout the TRUST ACCOUNTS. ator WARNER and myself, which became country, school budgets are often very ‘‘(a) GENERAL RULE.—In the case of an indi- law as part of the tax relief package in vidual, there shall be allowed as a credit tight, and money for professional de- against the tax imposed by this subtitle for 2001. This tax relief was later extended velopment is either very limited or the taxable year an amount equal to 10 per- through the end of this year, but we non-existent. For that reason, I believe cent of the contributions to any Long-Term need to act to extend it further. we should allow this tax deduction to Care Trust Account allowed under section I would suggest that there is no rea- also apply when a teacher takes a 530A for such taxable year. son why we should not make the deduc- course or attends a workshop and has ‘‘(b) REDUCTION BASED ON ADJUSTED GROSS tion permanent. Teachers who buy to pay for it out of his or her own pock- INCOME.— classroom supplies in order to improve et. ‘‘(1) IN GENERAL.—The percentage which the educational experience of their stu- In my view, students are the ulti- would (but for this subsection) be taken into account under subsection (a) for the taxable dents deserve more than just our grati- mate beneficiaries when teachers re- year shall be reduced (but not below zero) by tude. They deserve this modest tax receive professional development to the percentage determined under paragraph lief to thank them for their hard work. sharpen their skills or to learn a new (2). So often teachers in my State, and approach to presenting material to ‘‘(2) AMOUNT OF REDUCTION.—The percent- throughout the country, spend their their students. Studies have consist- age determined under this paragraph is the own money in order to improve the ently shown that, other than involved percentage which bears the same ratio to the classroom experiences of their stu- parents, the single greatest deter- percentage which would be so taken into ac- dents. Many of us are familiar with a minant of classroom success is the count as— survey of the National Education Asso- ‘‘(A) the excess of— presence of a well-qualified teacher. ‘‘(i) the taxpayer’s adjusted gross income ciation that found that teachers spend, Educators themselves understand just for such taxable year, over on average, $443 a year on classroom how important professional develop- ‘‘(ii) $95,000 ($190,000 in the case of a joint supplies. Other surveys show that they ment is to their ability to make a posi- return), bears to are spending even more than that. In tive impact in the classroom.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1644 CONGRESSIONAL RECORD — SENATE February 6, 2007 The Teacher Tax relief that we have Mr. WARNER. Mr. President, I rise legislation will: One, increase the made available since 2001 is certainly a today in support, once again, of Amer- above-the-line deduction, as President positive step, and I was proud to have ica’s teachers by joining with Senator Bush has called for, from $250 allowed authored that law, along with Senator COLLINS in introducing legislation re- under current law to $400; two, allow WARNER. This bill would increase that garding the Teacher Tax Relief Act. educators to include professional devel- deduction from $250 to $400, reflecting Senator COLLINS and I have worked opment costs within that $400 deduc- more accurately what teachers really closely for some time now in support of tion. Under current law, up to $250 is spend, and would make the deduction legislation to provide our teachers with deductible but only for classroom ex- permanent. The National Education tax relief in recognition of the many penses; and three, make the Teacher Association has endorsed this bill, and out-of-pocket expenses they incur as Tax Relief provisions in the law perma- I ask unanimous consent that a copy of part of their profession. In the 107th nent. Current law sunsets the Collins/ the NEA’s letter be printed in the Congress, we were successful in pro- Warner provisions after 2007. RECORD at the end of my statement. viding much needed tax relief for our Our teachers have made a personal This bill is a small but appropriate Nation’s teachers with passage of H.R. commitment to educate the next gen- means of recognizing the many sac- 3090, the ‘‘Job Creation and Worker As- eration and to strengthen America. rifices that our teachers make every sistance Act of 2002.’’ And, in my view, the Federal Govern- day to benefit the children of America. This legislation, which was signed ment should recognize the many sac- I urge my colleagues to support it. into law by President Bush, included rifices our teachers make in their ca- There being no objection, the letter the Collins/Warner ‘‘Teacher Tax Relief reer. was ordered to be printed in the Act of 2001’’ provisions that provided a This Teacher Tax Relief Act is an- RECORD, as follows: $250 above the line deduction for edu- other step forward in providing our NATIONAL EDUCATION ASSOCIATION, cators who incur out-of-pocket ex- educators with the recognition they de- Washington, DC, January 24, 2007. penses for supplies they bring into the serve. Senator SUSAN COLLINS, classroom to better the education of Senator JOHN WARNER, their students. These important provi- By Mr. LAUTENBERG (for him- U.S. Senate, sions provided almost half a billion self, Ms. SNOWE, and Mrs. Washington, DC. dollars worth of tax relief to teachers BOXER): DEAR SENATORS COLLINS AND WARNER: On all across America in 2002 and 2003. S. 506. A bill to improve efficiency in behalf of the National Education Associa- In the 108th Congress we were able to the Federal Government through the tion’s, NEA, 3.2 million members, we would successfully extend the provisions of like to express our strong support for your use of high-performance green build- legislation that would increase, expand, and the Teacher Tax Relief Act for 2004 and ings, and for other purposes; to the make permanent the tax deduction for edu- 2005. In the 109th Congress we were able committee on Environment and Public cators’ out-of-pocket classroom supply ex- to successfully extend the provisions Works. penses. We thank you for your continued for 2006 and 2007. Mr. LAUTENBERG. Mr. President, I leadership and advocacy on this important While these provisions will provide am pleased to be joined by my col- issue. substantial relief to America’s teach- leagues, Senators SNOWE and BOXER, to As you know, the educator tax deduction ers, our work is not yet complete. helps recognize the financial sacrifices made introduce the High Performance Green It is now estimated that the average Buildings Act. This legislation encour- by teachers and paraprofessionals, who often teacher spends $826 out of their own reach into their own pockets to purchase ages the government to improve the pocket each year on classroom mate- classroom supplies such as books, pencils, energy efficiency, indoor air quality, rials—materials such as pens, pencils paper, and art supplies. Studies show that and environmental impacts of our Na- and books. First year teachers spend teachers are spending more of their own tion’s Federal buildings, and will re- even more. funds each year to supply their classrooms, energize and focus the Federal Govern- including purchasing essential items such as Why do they do this? Simply because ment’s leadership and commitment on pencils, glue, scissors, and facial tissues. For school budgets are not adequate to this issue. example, NEA’s 2003 report Status of the meet the costs of education. Our teach- Buildings in the United States have American Public School Teacher, 2000–2001 ers dip into their own pocket to better an enormous impact on the environ- found that teachers spent an average of $443 the education of America’s youth. a year on classroom supplies. More recently, Moreover, in addition to spending ment and also on our overall energy the National School Supply and Equipment substantial money on classroom sup- situation. According to the Depart- Association found that in 2005–2006, edu- ment of Energy, buildings in the cators spent out of their own pockets an av- plies, many teachers spend even more money out of their own pocket on pro- United States use almost 40 percent of erage of $826.00 for supplies and an additional the total energy consumed in this $926 for instructional materials, for a total of fessional development. Such expenses $1,752. include tuition, fees, books, and sup- country. That figure is expected to rise By increasing the current deduction and plies associated with courses that help to 53 percent by 2030, meaning that making it permanent, your legislation will our teachers become even better in- over half of the energy consumed in make a real difference for many educators, this country will be used by buildings who often must sacrifice other personal structors. The fact is that these out-of-pocket alone. In addition, buildings are the needs in order to pay for classroom supplies. source of 35 percent of national carbon NEA also strongly supports your proposal costs place lasting financial burdens on to extend the tax deduction to cover out-of- our teachers. This is one reason our dioxide emissions, 49 percent of sulfur pocket professional development expenses. teachers are leaving the profession. dioxide emissions, and 25 percent of ni- Teacher quality is the single most critical Little wonder that our country is in trogen oxide emissions. factor in maximizing student achievement. the midst of a teacher shortage. However, the impact of buildings is Ongoing professional development is essen- Without a doubt the Teacher Tax Re- even broader than that. Americans tial to ensure that educators stay up-to-date lief Act of 2001 took a step forward in spend approximately 90 percent of their on the skills and knowledge necessary to time indoors and the quality of the air prepare students for the challenges of the 21 helping to alleviate the Nation’s teaching shortage by providing a $250 above they breathe can have an impact on st century. Your bill will make a critical dif- their health, as well as work produc- ference in helping educators access quality the line deduction for classroom ex- training. penses. tivity and absenteeism. The U.S. Green We thank you again for your work on this However, it is clear that our teachers Buildings Council, a national non-prof- important legislation and look forward to are spending much more than $250 a it, indicates that on average, installing continuing to work with you to support our year out of their own pocket to better high performance lighting enhances nation’s educators. the education of our children. worker productivity by 6.7 percent. Sincerely, Accordingly, Senator COLLINS and I There are also numerous sources of in- DIANE SHUST, door air pollutants, ranging from mold Director of Govern- have joined together to take another ment Relations. step forward by introducing this legis- to radon, and strong building design RANDALL MOODY, lation. that considers ventilation can help to Manager, Policy and This proposed legislation will build remedy these potential health prob- Politics. upon current law in three ways. The lems.

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.033 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1645 It is important that we confront (b) TABLE OF CONTENTS.—The table of con- (6) LIFE CYCLE.—The term ‘‘life cycle’’, these issues, and our legislation does tents of this Act is as follows: with respect to a high-performance green just that. High Performance Green Sec. 1. Short title; table of contents. building, means all stages of the useful life Buildings are designed with the impact Sec. 2. Definitions. of the building (including components, equipment, systems, and controls of the on occupants, surroundings and energy TITLE I—OFFICE OF HIGH- PERFORMANCE GREEN BUILDINGS building) beginning at conception of a green consumption in mind. Buildings de- building project and continuing through site signed or renovated on these merits Sec. 101. Oversight. selection, design, construction, landscaping, save money, have healthier occupants, Sec. 102. Office of High-Performance Green commissioning, operation, maintenance, ren- and have a more positive impact on Buildings. ovation, deconstruction or demolition, re- Sec. 103. Green Building Advisory Com- moval, and recycling of the green building. their communities. mittee. (7) LIFE-CYCLE ASSESSMENT.—The term While the initial investment cost of Sec. 104. Public outreach. ‘‘life-cycle assessment’’ means a comprehen- green buildings may be higher than a Sec. 105. Research and development. sive system approach for measuring the envi- traditional building, many of these Sec. 106. Budget and life-cycle costing and ronmental performance of a product or serv- costs are recouped over time. For in- contracting. Sec. 107. Authorization of appropriations. ice over the life of the product or service, be- stance, the Federal government spends ginning at raw materials acquisition and about $170 million per year on the TITLE II—HEALTHY HIGH- continuing through manufacturing, trans- lighting of federal buildings; using new PERFORMANCE SCHOOLS portation, installation, use, reuse, and end- lighting technology can reduce energy Sec. 201. Definition of high-performance of-life waste management. use by 50 to 75 percent. Some estimates school. (8) LIFE-CYCLE COSTING.—The term ‘‘life- show that the payback time for energy Sec. 202. Grants for healthy school environ- cycle costing’’, with respect to a high-per- efficient lighting is as little as four ments. formance green building, means a technique Sec. 203. Model guidelines for siting of of economic evaluation that— months. school facilities. The High Performance Green Build- (A) sums, over a given study period, the Sec. 204. Public outreach. costs of initial investment (less resale ings Act focuses the Federal Govern- Sec. 205. Environmental health program. value), replacements, operations (including ment’s efforts on promoting sustain- Sec. 206. Authorization of appropriations. energy use), and maintenance and repair of able design in federal buildings, and re- TITLE III—STRENGTHENING FEDERAL an investment decision; and alizing the economic benefits associ- LEADERSHIP (B) is expressed— ated with reduced energy use and in- Sec. 301. Incentives. (i) in present value terms, in the case of a creased occupant health. It creates an Sec. 302. Federal procurement. study period equivalent to the longest useful Office of High Performance Green Sec. 303. Federal green building perform- life of the building, determined by taking Buildings within the General Services ance. into consideration the typical life of such a Administration (GSA), which manages TITLE IV—DEMONSTRATION PROJECT building in the area in which the building is to be located; or Sec. 401. Coordination of goals. buildings owned or leased by the Fed- (ii) in annual value terms, in the case of Sec. 402. Authorization of appropriations. eral Government. GSA is the largest any other study period. ‘‘landlord’’ in the country the govern- SEC. 2. DEFINITIONS. (9) OFFICE.—The term ‘‘Office’’ means the ment owns or leases nearly 500,000 In this Act: Office of High-Performance Green Buildings buildings in the United States, cov- (1) ADMINISTRATOR.—The term ‘‘Adminis- established under section 102(a). trator’’ means the Administrator of General ering 3.1 billion square feet. The new TITLE I—OFFICE OF HIGH-PERFORMANCE Services. Office will promote public outreach, GREEN BUILDINGS (2) COMMITTEE.—The term ‘‘Committee’’ focus ongoing research and develop- means the Green Building Advisory Com- SEC. 101. OVERSIGHT. ment, and create an Advisory Com- mittee established under section 103(a). (a) IN GENERAL.—The Administrator shall establish within the General Services Ad- mittee consisting of Agency represent- (3) DIRECTOR.—The term ‘‘Director’’ means atives and experts from various sec- the individual appointed to the position es- ministration, and appoint an individual to serve as Director in, a position in the career- tors, to improve coordination across tablished under section 101(a). reserved Senior Executive service, to— (4) FEDERAL FACILITY.— Federal Government agencies and (1) establish and manage the Office in ac- (A) IN GENERAL.—The term ‘‘Federal facil- bring best practices to the Federal gov- cordance with section 102; and ity’’ means any building or facility the in- ernment. (2) carry out other duties as required under tended use of which requires the building or Additionally, the High Performance this Act. facility to be— Green Buildings Act provides grants to (b) COMPENSATION.—The compensation of (i) accessible to the public; and schools, in consultation with the Envi- the Director shall not exceed the maximum (ii) constructed or altered by or on behalf rate of basic pay for the Senior Executive ronmental Protection Agency and the of the United States. Department of Education, to provide Service under section 5382 of title 5, United (B) EXCLUSIONS.—The term ‘‘Federal facil- States Code, including any applicable local- technical assistance to address envi- ity’’ does not include a privately-owned resi- ity-based comparability payment that may ronmental and health concerns. The dential or commercial structure that is not be authorized under section 5304(h)(2)(C) of health of our children is our primary leased by the Federal Government. that title. concern and this legislation takes im- (5) HIGH-PERFORMANCE GREEN BUILDING.— SEC. 102. OFFICE OF HIGH-PERFORMANCE portant steps to ensure their well- The term ‘‘high-performance green building’’ GREEN BUILDINGS. being. means a building— (a) ESTABLISHMENT.—The Director shall es- It is clear that having sustainable de- (A) that, during its life-cycle— tablish within the General Services Adminis- sign in our buildings is smart public (i) reduces energy, water, and material re- tration an Office of High-Performance Green source use and the generation of waste; Buildings. policy and a wise financial investment, (ii) improves indoor environmental qual- (b) DUTIES.—The Director shall— and this bill will allow the Federal ity, including protecting indoor air quality (1) ensure full coordination of high-per- Government to increase its leadership during construction, using low-emitting ma- formance green building information and ac- role on the promotion of green build- terials, improving thermal comfort, and im- tivities within the General Services Admin- ings. I urge my colleagues to support proving lighting and acoustic environments istration and all relevant Federal agencies, this bill. that affect occupant health and produc- including, at a minimum— I ask unanimous consent that the tivity; (A) the Environmental Protection Agency; full text of the bill be printed in the (iii) improves indoor and outdoor impacts (B) the Office of the Federal Environ- of the building on human health and the en- mental Executive; RECORD. There being no objection, the text of vironment; (C) the Office of Federal Procurement Pol- (iv) increases the use of environmentally icy; the bill was ordered to be printed in preferable products, including biobased, re- (D) the Department of Energy; the RECORD, as follows: cycled content, and nontoxic products with (E) the Department of Health and Human S. 506 lower life-cycle impacts; Services; Be it enacted by the Senate and House of Rep- (v) increases reuse and recycling opportu- (F) the Department of Defense; and resentatives of the United States of America in nities; and (G) such other Federal agencies as the Di- Congress assembled, (vi) integrates systems in the building; and rector considers to be appropriate; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) for which, during its planning, design, (2) establish a senior-level green building (a) SHORT TITLE.—This Act may be cited as and construction, the environmental and en- advisory committee, which shall provide ad- the ‘‘High-Performance Green Buildings Act ergy impacts of building location and site vice and recommendations in accordance of 2007’’. design are considered. with section 103;

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1646 CONGRESSIONAL RECORD — SENATE February 6, 2007 (3) identify and biennially reassess im- building initiatives, including Executive or- cost-effective, energy-efficient, health-pro- proved or higher rating standards rec- ders, policies, or laws adopted promoting tective, and environmentally beneficial deci- ommended by the Committee; green building (including the status of im- sions for constructing high-performance (4) establish a national high-performance plementation of those initiatives); and green buildings, including tools available to green building clearinghouse in accordance (8) includes, for the 2-year period covered conduct life-cycle costing and life-cycle as- with section 104, which shall provide green by the report, recommendations to address sessment; building information through— each of the matters, and a plan for imple- (4) providing information on application (A) outreach; mentation of each recommendation, de- processes for certifying a high-performance (B) education; and scribed in paragraphs (1) through (6). green building, including certification and (C) the provision of technical assistance; (d) IMPLEMENTATION.—The Office shall commissioning; (5) ensure full coordination of research and carry out each plan for implementation of (5) providing technical information, mar- development information relating to high- recommendations under subsection (c)(7). ket research, or other forms of assistance or performance green building initiatives under SEC. 103. GREEN BUILDING ADVISORY COM- advice that would be useful in planning and section 105; MITTEE. constructing high-performance green build- (6) identify and develop green building (a) ESTABLISHMENT.—Not later than 180 ings; and standards that could be used for all types of days after the date of enactment of this Act, (6) using such other methods as are deter- Federal facilities in accordance with section the Director shall establish an advisory com- mined by the Director to be appropriate. 105; mittee, to be known as the ‘‘Green Building SEC. 105. RESEARCH AND DEVELOPMENT. (7) establish green practices that can be Advisory Committee’’. (a) ESTABLISHMENT.—The Director, in co- (b) MEMBERSHIP.— used throughout the life of a Federal facil- ordination with the Committee, shall— ity; (1) IN GENERAL.—The Committee shall be (1)(A) survey existing research and studies (8) review and analyze current Federal composed of representatives of, at a min- relating to high-performance green build- budget practices and life-cycle costing imum— ings; and issues, and make recommendations to Con- (A) each agency referred to in section (B) coordinate activities of common inter- gress, in accordance with section 106; and 102(b)(1); and est; (9) complete and submit the report de- (B) other relevant agencies and entities, as (2) develop and recommend a high-perform- scribed in subsection (c). determined by the Director, including at ance green building research plan that— (c) REPORT.—Not later than 2 years after least 1 representative of each of— (A) identifies information and research the date of enactment of this Act, and bien- (i) State and local governmental green needs, including the relationships between nially thereafter, the Director shall submit building programs; human health, occupant productivity, and to Congress a report that— (ii) independent green building associa- each of— (1) describes the status of the green build- tions or councils; (i) emissions from materials and products ing initiatives under this Act and other Fed- (iii) building experts, including architects, in the building; eral programs in effect as of the date of the material suppliers, and construction con- (ii) natural day lighting; report, including— tractors; (iii) ventilation choices and technologies; (A) the extent to which the programs are (iv) security advisors focusing on national (iv) heating, cooling, and system control being carried out in accordance with this security needs, natural disasters, and other choices and technologies; Act; and dire emergency situations; and (v) moisture control and mold; (B) the status of funding requests and ap- (v) environmental health experts, includ- (vi) maintenance, cleaning, and pest con- propriations for those programs; ing those with experience in children’s trol activities; (2) identifies within the planning, budg- health. (vii) acoustics; and eting, and construction process all types of (2) NON-FEDERAL MEMBERS.—The total (viii) other issues relating to the health, Federal facility procedures that inhibit new number of non-Federal members on the Com- comfort, productivity, and performance of and existing Federal facilities from becom- mittee at any time shall not exceed 15. ing high-performance green buildings as (c) MEETINGS.—The Director shall establish occupants of the building; and measured by— a regular schedule of meetings for the Com- (B) promotes the development and dissemi- (A) a silver rating, as defined by the Lead- mittee. nation of high-performance green building ership in Energy and Environmental Design (d) DUTIES.—The Committee shall provide measurement tools that, at a minimum, may Building Rating System standard established advice and expertise for use by the Director be used— by the United States Green Building Council in carrying out the duties under this Act, in- (i) to monitor and assess the life-cycle per- (or an equivalent rating obtained through a cluding such recommendations relating to formance of facilities (including demonstra- comparable system); or Federal activities carried out under sections tion projects) built as high-performance (B) an improved or higher rating standard, 104 through 106 as are agreed to by a major- green buildings; and as identified by the Committee; ity of the members of the Committee. (ii) to perform life-cycle assessments; (3) identifies inconsistencies, as reported (e) FACA EXEMPTION.—The Committee (3) assist the budget and life-cycle costing to the Committee, in Federal law with re- shall not be subject to section 14 of the Fed- functions of the Office under section 106; spect to product acquisition guidelines and eral Advisory Committee Act (5 U.S.C. App.). (4) study and identify potential benefits of high-performance product guidelines; SEC. 104. PUBLIC OUTREACH. green buildings relating to security, natural (4) recommends language for uniform The Director, in coordination with the disaster, and emergency needs of the Federal standards for use by Federal agencies in en- Committee, shall carry out public outreach Government; and vironmentally responsible acquisition; to inform individuals and entities of the in- (5) support other research initiatives deter- (5) in coordination with the Office of Man- formation and services available Govern- mined by the Office. agement and Budget, reviews the budget ment-wide by— (b) INDOOR AIR QUALITY.—The Director, in process for capital programs with respect to (1) establishing and maintaining a national consultation with the Committee, shall de- alternatives for— high-performance green building clearing- velop and carry out a comprehensive indoor (A) restructuring of budgets to require the house, including on the Internet, that— air quality program for all Federal facilities use of complete energy- and environmental- (A) identifies existing similar efforts and to ensure the safety of Federal workers and cost accounting; coordinates activities of common interest; facility occupants— (B) using operations expenditures in budg- and (1) during new construction and renovation et-related decisions while simultaneously in- (B) provides information relating to high- of facilities; and corporating productivity and health meas- performance green buildings, including (2) in existing facilities. ures (as those measures can be quantified by hyperlinks to Internet sites that describe re- SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND the Office, with the assistance of universities lated activities, information, and resources CONTRACTING. and national laboratories); of— (a) ESTABLISHMENT.—The Director, in co- (C) permitting Federal agencies to retain (i) the Federal Government; ordination with the Committee, shall— all identified savings accrued as a result of (ii) State and local governments; (1) identify, review, and analyze current the use of life cycle costing; and (iii) the private sector (including non- budget and contracting practices that affect (D) identifying short- and long-term cost governmental and nonprofit entities and or- achievement of high-performance green savings that accrue from high-performance ganizations); and buildings, including the identification of bar- green buildings, including those relating to (iv) other relevant organizations, including riers to green building life-cycle costing and health and productivity; those from other countries; budgetary issues; (6) identifies green, self-sustaining tech- (2) identifying and recommending edu- (2) develop guidance and conduct training nologies to address the operational needs of cational resources for implementing high- sessions with budget specialists and con- Federal facilities in times of national secu- performance green building practices, in- tracting personnel from Federal agencies rity emergencies, natural disasters, or other cluding security and emergency benefits and and budget examiners to apply life-cycle cost dire emergencies; practices; criteria to actual projects; (7) summarizes and highlights develop- (3) providing access to technical assistance (3) identify tools to aid life-cycle cost deci- ment, at the State and local level, of green on using tools and resources to make more sionmaking; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1647 (4) explore the feasibility of incorporating cluding relevant updates on trends in the (A) to employ integrated design principles; the benefits of green buildings, such as secu- field, such as the impact of school facility (B) to optimize building and systems en- rity benefits, into a cost-budget analysis to environments on student and staff— ergy performance; aid in life-cycle costing for budget and deci- (A) health, safety, and productivity; and (C) to protect and conserve water; sion making processes. (B) disabilities or special needs; (D) to enhance indoor environmental qual- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (2) provides research using relevant tools ity; and There is authorized to be appropriated to identified or developed in accordance with (E) to reduce environmental impacts of carry out this title $4,000,000 for each of fis- section 105(a) to quantify the relationships materials and waste flows; and cal years 2008 through 2012, to remain avail- between— (2) to direct Federal procurement execu- able until expended. (A) human health, occupant productivity, tives involved in leasing buildings, to give and student performance; and preference to the lease of facilities that, to TITLE II—HEALTHY HIGH-PERFORMANCE (B) with respect to school facilities, each the maximum extent practicable— SCHOOLS of— (A) are energy-efficient; and SEC. 201. DEFINITION OF HIGH-PERFORMANCE (i) pollutant emissions from materials and (B) have applied contemporary high-per- SCHOOL. products; formance and sustainable design principles In this title, the term ‘‘high-performance (ii) natural day lighting; during construction or renovation. school’’ has the meaning given the term (iii) ventilation choices and technologies; (b) GUIDANCE.—Not later than 90 days after ‘‘healthy, high-performance school building’’ (iv) heating and cooling choices and tech- the date of promulgation of the revised regu- in section 5586 of the Elementary and Sec- nologies; lations under subsection (a), the Director ondary Education Act of 1965 (20 U.S.C. (v) moisture control and mold; shall issue guidance to all Federal procure- 7277e). (vi) maintenance, cleaning, and pest con- ment executives providing direction and the SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVI- trol activities; option to renegotiate the design of proposed RONMENTS. (vii) acoustics; and facilities, renovations for existing facilities, The Administrator of the Environmental (viii) other issues relating to the health, and leased facilities to incorporate improve- Protection Agency, in consultation with the comfort, productivity, and performance of ments that are consistent with this section. Secretary of Education, may provide grants occupants of the school facilities; to qualified State agencies for use in— (3) provides technical assistance on siting, SEC. 303. FEDERAL GREEN BUILDING PERFORM- (1) providing technical assistance for pro- design, management, and operation of school ANCE. grams of the Environmental Protection facilities, including facilities used by stu- (a) IN GENERAL.—Not later than October 31 Agency (including the Tools for Schools Pro- dents with disabilities or special needs; of each of the 2 fiscal years following the fis- gram and the Healthy School Environmental (4) collaborates with federally funded pedi- cal year in which this Act is enacted, and at Assessment Tool) to schools for use in ad- atric environmental health centers to assist such times thereafter as the Comptroller dressing environmental issues; and in on-site school environmental investiga- General of the United States determines to (2) development of State school environ- tions; be appropriate, the Comptroller General of mental quality plans that include— (5) assists States and the public in better the United States shall, with respect to the (A) standards for school building design, understanding and improving the environ- fiscal years that have passed since the pre- construction, and renovation; and mental health of children; and ceding report— (B) identification of ongoing school build- (6) provides to the Office a biennial report (1) conduct an audit of the implementation ing environmental problems in the State and of all activities carried out under this title, of this Act; and recommended solutions to address those which the Director shall include in the re- (2) submit to the Office, the Committee, problems, including assessment of informa- port described in section 102(c). the Administrator, and Congress a report de- tion on the exposure of children to environ- (b) PUBLIC OUTREACH.—The Director shall scribing the results of the audit. ensure, to the maximum extent practicable, mental hazards in school facilities. (b) CONTENTS.—An audit under subsection that the public clearinghouse established (a) shall include a review, with respect to the SEC. 203. MODEL GUIDELINES FOR SITING OF under section 104 receives and makes avail- SCHOOL FACILITIES. period covered by the report under sub- able— The Administrator of the Environmental section (a)(2), of— (1) information from the Administrator of Protection Agency, in consultation with the (1) budget, life-cycle costing, and con- the Environmental Protection Agency that Secretary of Education and the Secretary of tracting issues, using best practices identi- is contained in the report described in sub- Health and Human Services, shall develop section (a)(6); and fied by the Comptroller General of the school site selection guidelines that account (2) information on the exposure of children United States and heads of other agencies in for— to environmental hazards in school facili- accordance with section 106; (1) the special vulnerability of children to ties, as provided by the Administrator of the (2) the level of coordination among the Of- hazardous substances or pollution exposures Environmental Protection Agency. fice, the Office of Management and Budget, in any case in which the potential for con- and relevant agencies; SEC. 206. AUTHORIZATION OF APPROPRIATIONS. tamination at a potential school site exists; (3) the performance of the Office in car- There is authorized to be appropriated to (2) modes of transportation available to carry out this title $10,000,000 for the period rying out the implementation plan; students and staff; and of fiscal years 2008 through 2012, to remain (4) the design stage of high-performance (3) the potential use of a school at the site available until expended. green building measures; as an emergency shelter. (5) high-performance building data that TITLE III—STRENGTHENING FEDERAL were collected and reported to the Office; SEC. 204. PUBLIC OUTREACH. LEADERSHIP (a) IN GENERAL.—The Administrator of the and SEC. 301. INCENTIVES. Environmental Protection Agency shall pro- (6) such other matters as the Comptroller As soon as practicable after the date of en- vide to the Director information relating to General of the United States determines to actment of this Act, the Director shall iden- be appropriate. all activities carried out under this title, tify incentives to encourage the use of green (c) ENVIRONMENTAL STEWARDSHIP SCORE- which the Director shall include in the re- buildings and related technology in the oper- CARD.—The Director shall consult with the port described in section 102(c). ations of the Federal Government, including (b) PUBLIC OUTREACH.—The Director shall through— Committee to enhance, and assist in the im- ensure, to the maximum extent practicable, (1) the provision of recognition awards; and plementation of, the Environmental Stew- that the public clearinghouse established (2) the maximum feasible retention of fi- ardship Scorecard announced at the White under section 104 receives and makes avail- nancial savings in the annual budgets of Fed- House summit on Federal sustainable build- able information on the exposure of children eral agencies. ings in January 2006, to measure the imple- to environmental hazards in school facili- mentation by each Federal agency of sus- SEC. 302. FEDERAL PROCUREMENT. ties, as provided by the Administrator of the tainable design and green building initia- (a) IN GENERAL.—Not later than 2 years tives. Environmental Protection Agency. after the date of enactment of this Act, the SEC. 205. ENVIRONMENTAL HEALTH PROGRAM. Director of the Office of Federal Procure- TITLE IV—DEMONSTRATION PROJECT (a) IN GENERAL.—The Administrator of the ment Policy, in consultation with the Direc- SEC. 401. COORDINATION OF GOALS. Environmental Protection Agency, in con- tor and the Under Secretary of Defense for sultation with the Secretary of Education, Acquisition, Technology, and Logistics, shall (a) IN GENERAL.—The Director shall estab- the Secretary of Health and Human Services, promulgate revisions of the applicable acqui- lish guidelines to implement a demonstra- and other relevant agencies, shall issue sition regulations, to take effect as of the tion project to contribute to the research guidelines for use by the State in developing date of promulgation of the revisions— goals of the Office. and implementing an environmental health (1) to direct any Federal procurement ex- (b) PROJECTS.— program for schools that— ecutives involved in the acquisition, con- (1) IN GENERAL.—In accordance with guide- (1) takes into account the status and find- struction, or major renovation (including lines established by the Director under sub- ings of Federal research initiatives estab- contracting for the construction or major section (a) and the duties of the Director de- lished under this Act and other relevant Fed- renovation) of any facility, to the maximum scribed in title I, the Director shall carry out eral law with respect to school facilities, in- extent practicable— 3 demonstration projects.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1648 CONGRESSIONAL RECORD — SENATE February 6, 2007 (2) LOCATION OF PROJECTS.—Each project visory Committee (MedPAC) agrees blowers, the American taxpayer would carried out under paragraph (1) shall be lo- that a CNM simply cannot afford to continue to foot the bill. cated in a Federal building in a State rec- provide services to Medicare patients The Office of Compliance has called ommended by the Director in accordance and has supported increasing reim- for these changes on numerous occa- with subsection (c). (3) REQUIREMENTS.—Each project carried bursement for CNMs. In fact, the Com- sions in recent years, and they are very out under paragraph (1) shall— mission recommended in 2002 that supportive of this bill. We have already (A) provide for the evaluation of the infor- CNMs’ reimbursement be increased and taken the steps to protect whistle- mation obtained through the conduct of acknowledged that the care provided blowers in the executive branch. It projects and activities under this Act; and by these individuals is at least com- doesn’t make sense not to extend these (B) achieve a platinum rating, as defined parable to similar providers. same protections to whistleblowers in by the Leadership in Energy and Environ- My legislation would make several our own backyard. My bill will, very mental Design Building Rating System changes to improve the ability of CNMs simply, give congressional employees standard established by the United States Green Building Council (or an equivalent and certified midwives (CMs) to effec- the same protections that workers in rating obtained through a comparable sys- tively serve the Medicare-eligible popu- the other branches of government al- tem). lation. First, and most importantly, ready possess. (c) CRITERIA.—With respect to the existing my bill recognizes the need to increase I hope my colleagues will join me in or proposed Federal facility at which a dem- Medicare reimbursement for CNMs by supporting this bill to ensure that onstration project under this section is con- raising the reimbursement level from those who help us in the fight to hold ducted, the Federal facility shall— 65 percent to 100 percent of the physi- (1) be an appropriate model for a project government accountable are not pun- relating to— cian fee schedule. CNMs provide the ished for their efforts. (A) the effectiveness of high-performance same care as physicians; therefore, it is I ask unanimous consent that the technologies; only fair to reimburse CNMs at the text of this bill be printed in the (B) analysis of materials, components, and same level. Several states have recog- RECORD. systems, including the impact on the health nized this in their Medicaid programs— There being no objection, the text of of building occupants; approximately 29 States reimburse at the bill was ordered to be printed in (C) life-cycle costing and life-cycle assess- 100 percent of the physician fee sched- the RECORD, as follows: ment of building materials and systems; and ule for out-of-hospital services. (D) location and design that promote ac- S. 508 In addition, the M–CARE Act would cess to the Federal facility through walking, Be it enacted by the Senate and House of Rep- biking, and mass transit; and establish recognition for a certified resentatives of the United States of America in (2) possess sufficient technological and or- midwife (CM) to provide services under Congress assembled, ganizational adaptability. Medicare. Despite the fact that CNMs SECTION 1. APPLICATION OF WHISTLEBLOWER (d) REPORT.—Not later than 1 year after and CMs provide the same services, PROTECTION RULES TO LEGISLA- the date of enactment of this Act, and annu- Medicare has yet to recognize CMs as TIVE BRANCH EMPLOYEES. ally thereafter through September 30, 2013, eligible providers. My bill would (a) SHORT TITLE.—This Act may be cited as the Director shall submit to the Adminis- change this. the ‘‘Congressional Whistleblower Protec- trator a report that describes the status of tion Act of 2007’’. and findings regarding the demonstration This bill will enhance access to ‘‘well woman’’ care for thousands of women (b) IN GENERAL.—Part A of title II of the project. Congressional Accountability Act of 1995 (2 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. in underserved communities and make U.S.C. 1311 et seq.) is amended— There is authorized to be appropriated to several needed changes to improve ac- (1) in the heading, by striking ‘‘fair labor carry out the Federal demonstration project cess to midwives. I urge my colleagues standards,’’ and all that follows and inserting described in section 401(b) $10,000,000 for the to support this legislation. ‘‘and other protections and benefits’’; period of fiscal years 2008 through 2012, to re- (2) by redesignating section 207 as section main available until expended. By Mr. GRASSLEY: 208; and S. 508. A bill to amend the Congres- (3) by inserting after section 206 the fol- By Mr. CONRAD (for himself, Ms. sional Accountability Act of 1995 to lowing: COLLINS, Ms. CANTWELL, and apply whistleblower protections avail- ‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER Mr. DURBIN): able to certain executive branch em- WHISTLEBLOWER PROTECTION S. 507. A bill to amend title XVIII of RULES. ployees to legislative branch employ- the Social Security Act to provide for ‘‘(a) RIGHTS AND PROTECTIONS DESCRIBED.— reimbursement of certified midwife ees, and for other purposes; to the ‘‘(1) IN GENERAL.—No employing office may services and to provide for more equi- Committee on Homeland Security and take or fail to take, or threaten to take or table reimbursement rates for certified Governmental Affairs. fail to take, a personnel action (within the nurse-midwife services; to the Com- Mr. GRASSLEY. Mr. President, I rise meaning of chapter 23 of title 5, United to reintroduce the Congressional Whis- States Code) with respect to any covered em- mittee on Finance. ployee or applicant for employment because Mr. CONRAD. Mr. President, today I tleblower Protection Act of 2007, which will extend whistleblower protections of— am introducing the Midwifery Care Ac- ‘‘(A) any disclosure of information by a cess and Reimbursement Equity (M– currently available to certain execu- covered employee or applicant which the em- CARE) Act of 2007. For too many years, tive branch employees to legislative ployee or applicant reasonably believes evi- certified nurse midwives (CNMs) have branch employees. dences— not received adequate reimbursement Presently, executive branch employ- ‘‘(i) a violation of any law, rule, or regula- under the Medicare program. My legis- ees are shielded from retaliation for ex- tion; or lation takes steps to improve reim- posing waste, fraud, or abuse by the ‘‘(ii) gross mismanagement, a gross waste bursement for these important Whistleblower Protection Act. The bill of funds, an abuse of authority, or a substan- I’m introducing today simply extends tial and specific danger to public health or healthcare providers. safety; Since 1988, CNMs have been author- those same protections to legislative ized to provide maternity-related serv- branch employees. if such disclosure is not specifically prohib- A theme that has dominated this new ited by law and if such information is not ices to Medicare-eligible women of specifically required by Executive order or child-bearing age. There are approxi- Congress, as well as the elections this the rules of the Senate or the House of Rep- mately three million disabled women past November, is accountability and resentatives to be kept secret in the interest of child-bearing age on Medicare; how- responsibility in Washington. I have of national defense or the conduct of foreign ever, if they choose to utilize a CNM fought hard for whistleblowers over the affairs; or for ‘‘well women’’ services, the CNM is years because they are key in our ef- ‘‘(B) any disclosure to the General Counsel, only reimbursed at 65 percent of the forts to ensure government account- or to the Inspector General of a legislative or physician fee schedule. This is not ability to the people we are sent here executive agency or another employee des- to serve. In most instances, the only ignated by the head of the legislative or ex- right and does not come close to offset- ecutive agency to receive such disclosures, of ting the costs incurred by these profes- reason we discover waste or fraud is be- information which the employee or applicant sionals. cause employees are brave enough to reasonably believes evidences— At this incredibly low rate of reim- stand up to the wrongdoers and expose ‘‘(i) a violation of any law, rule, or regula- bursement, the Medicare Payment Ad- their offenses. Without these whistle- tion; or

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1649 ‘‘(ii) gross mismanagement, a gross waste mission. However, implementation Our bill also takes steps to improve of funds, an abuse of authority, or a substan- through the rulemaking process was general aviation security, airport ac- tial and specific danger to public health or slow, and as a result, significant short- cess issues for airline employees, safety. falls in our security regime remain. screener staffing issues, and other ‘‘(2) DEFINITIONS.—For purposes of this sec- In fact, a little more than year ago, tion and for purposes of applying the proce- issues where there have been con- dures established under title IV for the con- the 9/11 Public Discourse project issued sistent shortcomings over the past sev- sideration of alleged violations of this sec- a scorecard that gave inadequate eral years. tion— grades in those key areas where the The 9/11 Commission’s report and ‘‘(A) the term ‘covered employee’ includes Commission had advocated for im- subsequent Public Discourse project an employee of the Government Account- provements in aviation security. helped keep Congress and the Adminis- ability Office or Library of Congress; and Checked Baggage and Cargo Screening tration focused on the need for avia- ‘‘(B) the term ‘employing office’ includes received a ‘‘D,’’ Airline Passenger Ex- tion security. While they did not have the Government Accountability Office and plosive Screening received a ‘‘C,’’ and all the answers for quick fixes, they did the Library of Congress. Airline Passenger Prescreenig received ‘‘(b) REMEDY.—The remedy for a violation offer a vital blueprint, particularly in of subsection (a) shall be such remedy as an ‘‘F.’’ the areas of infrastructure and trans- would be appropriate if awarded under chap- Over the past year, the Transpor- portation system security. ter 12 of title 5, United States Code, with re- tation Security Administration, TSA, My colleagues and I used that guide- spect to a prohibited personnel practice de- has continued working to significantly line in drafting the legislation we are scribed in section 2302(b)(8) of such title. bolster air cargo security in the United introducing today. We believe that ‘‘(c) REGULATIONS TO IMPLEMENT SEC- States. While that is a good step in re- TION.— once this bill is enacted, it will signifi- sponse to the report card, more must cantly improve aviation security in the ‘‘(1) IN GENERAL.—The Board shall, pursu- be done. The government must remain ant to section 304, issue regulations to imple- specific areas I have highlighted, and ment this section. vigilant in its effort to provide security the aviation system as a whole. I look ‘‘(2) AGENCY REGULATIONS.—The regula- for our Nation, and the steps proposed forward to working with my colleagues tions issued under paragraph (1) shall be the in this bill will both improve our exist- to move this bill quickly. We have had same as the substantive regulations promul- ing security system and give TSA the 5 years to consider what does and does gated by the Merit Systems Protection flexibility to combat new and emerging not work. Now it is time to implement Board to implement chapters 12 and 23 of threats. what we have learned. title 5, United States Code, except to the ex- The bill we are introducing today I ask unanimous consent that this tent that the Board of Directors of the Office would require the screening of all cargo bill be printed in the RECORD. of Compliance may determine, for good going on passenger aircraft within 3 There being no objection, the text of cause shown and stated together with the years. We expect TSA to develop a ro- regulation, that a modification of such regu- the bill was ordered to be printed in bust screening program that improves lations would be more effective for the im- the RECORD, as follows: upon current measures and ensures the plementation of the rights and protections S. 509 under this section.’’. security of all cargo transported in (c) TECHNICAL AND CONFORMING AMEND- commercial passenger air carriers. Be it enacted by the Senate and House of Rep- MENTS.— To improve our ability to detect ex- resentatives of the United States of America in (1) TABLE OF CONTENTS.—The table of con- plosives in checked baggage and at pas- Congress assembled, tents for part A of title II of the Congres- senger screening checkpoints, the bill SEC. 1. SHORT TITLE; TABLE OF CONTENTS. sional Accountability Act of 1995 is amend- extends the Aviation Security Capital (a) SHORT TITLE.—This Act may be cited as the ‘‘Aviation Security Improvement Act’’. ed— Fund and promotes the purchase and (A) in the item relating to part A, by strik- (b) TABLE OF CONTENTS.—The table of con- ing ‘‘FAIR LABOR STANDARDS,’’ and all installation of advanced baggage tents for this Act is as follows: screening systems that can be inte- that follows and inserting ‘‘AND OTHER TITLE —AVIATION SECURITY PROTECTIONS AND BENEFITS’’; grated into the daily workings of our (B) by redesignating the item relating to Nation’s air transportation system. Sec. 1. Short title; table of contents. section 207 as relating to section 208; and This capital investment will improve Sec. 2. Extension of authorization for avia- (C) by inserting after the item relating to tion security funding. security screening by permitting TSA Sec. 3. Passenger aircraft cargo screening. section 206 the following: employees to better focus on potential Sec. 4. Blast-resistant cargo containers. ‘‘Sec. 207. Rights and protections under threats while reducing the high work- Sec. 5. Protection of air cargo on passenger whistleblower protection place injury rates. planes from explosives. rules.’’. The bill addresses airline passenger Sec. 6. In-line baggage screening. (2) APPLICATION OF LAWS.—Section 102(a) of explosive screening in several ways: Sec. 7. Enhancement of in-line baggage sys- the Congressional Accountability Act of 1995 1. By promoting advanced research tem deployment. (2 U.S.C. 1302(a)) is amended by adding at the Sec. 8. Research and development of avia- end the following: and development for checkpoint technology; tion transportation security ‘‘(12) Section 2302(b)(8) of title 5, United technology. States Code.’’. 2. By enhancing screener training to Sec. 9. Certain TSA personnel limitations more clearly identify and address po- not to apply. Mr. INOUYE (for himself, Mr. tential threats; and Sec. 10. Specialized training. STEVENS, Mr. ROCKEFELLER, Mr. 3. By requiring the Administration to Sec. 11. Explosive detection at passenger LOTT, and Mr. LAUTENBERG): complete and implement a plan over screening checkpoints. S. 509. A bill to provide improved the next year that thoroughly address- Sec. 12. Appeal and redress process for pas- aviation security, and for other pur- es the threat of and response to carry- sengers wrongly delayed or proposes; to the Committee on Commerce, on explosives. hibited from boarding a flight. Science, and Transportation. Airline passenger prescreening also Sec. 13. Repair station security. Mr. INOUYE. Mr. President, I rise remains a primary concern of the Con- Sec. 14. Strategic plan to test and implement advanced passenger today to introduce the Aviation Secu- gress. Not enough progress has been prescreening system. rity Improvement Act with Senators made by the TSA to develop an ad- Sec. 15. General aviation security. STEVENS, ROCKEFELLER, LOTT, and vanced passenger prescreening system Sec. 16. Security credentials for airline LAUTENBERG, who are all original co- since it took on this task nearly 4 crews. sponsors of this legislation. years ago. Too many passengers are in- SEC. 2. EXTENSION OF AUTHORIZATION FOR When the 9/11 Commission released convenienced each year by false AVIATION SECURITY FUNDING. its report in 2004, the Commission ex- positives when matched against pas- Section 48301(a) of title 49, United States pressed continuing concern over the senger watchlists. Code, is amended by striking ‘‘and 2006’’ and state of air cargo security, the screen- Our bill would ensure a system is in inserting ‘‘2006, 2007, 2008, and 2009’’. ing of passengers and baggage, access place to coordinate passenger redress SEC. 3. PASSENGER AIRCRAFT CARGO SCREEN- ING. controls at airports, and the security matters, and that the TSA moves rap- (a) IN GENERAL.—Section 44901 of title 49, of general aviation. Congress responded idly to develop a strategic plan to test United States Code, is amended— then and enacted measures to address and implement an advanced passenger (1) by redesignating subsections (g) and (h) inefficiencies highlighted by the Com- prescreening system. as subsections (h) and (i), respectively; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.037 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1650 CONGRESSIONAL RECORD — SENATE February 6, 2007 (2) by inserting after subsection (f) the fol- (v) a statement of any plans, and the ra- amended by striking ‘‘2007.’’ and inserting lowing: tionale, for maintaining, changing, or elimi- ‘‘2007, and $450,000,000 for each of fiscal years ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— nating each exemption. 2008 and 2009.’’. ‘‘(1) IN GENERAL.—Not later than 3 years (2) GAO ASSESSMENT.—Not later than 120 (b) REPORT.—Within 30 days after the date after the date of enactment of the Aviation days after the date on which the report re- of enactment of this Act, the Secretary of Security Improvement Act, the Secretary of quired under paragraph (1) is submitted, the Homeland Security shall submit the report Homeland Security, acting through the Ad- Comptroller General shall review the report the Secretary was required by section 4019(d) ministrator of the Transportation Security and provide to Congress an assessment of the of the Intelligence Reform and Terrorism Administration, shall establish a system to methodology used for determinations made Prevention Act of 2004 (49 U.S.C. 44901 note) screen all cargo transported on passenger by the Secretary for maintaining, changing, to have submitted in conjunction with the aircraft operated by an air carrier or foreign or eliminating an exemption. submission of the budget for fiscal year 2006. air carrier in air transportation or intrastate SEC. 4. BLAST-RESISTANT CARGO CONTAINERS. SEC. 7. ENHANCEMENT OF IN-LINE BAGGAGE air transportation to ensure the security of Section 44901 of title 49, United States SYSTEM DEPLOYMENT. (a) IN GENERAL.—Section 44923 of title 49, all such passenger aircraft carrying cargo. Code, is amended by adding at the end there- United States Code, is amended— ‘‘(2) MINIMUM STANDARDS.—The system re- of the following: ferred to in paragraph (1) shall require, at a (1) by striking ‘‘may’’ in subsection (a) and ‘‘(i) BLAST-RESISTANT CARGO CONTAINERS.— minimum, that the equipment, technology, inserting ‘‘shall’’; ‘‘(1) IN GENERAL.—Before January 1, 2008, procedures, personnel, or other methods de- the Administrator of the Transportation Se- (2) by striking ‘‘may’’ in subsection (d)(1) termined by the Administrator of the Trans- curity Administration shall— and inserting ‘‘shall’’; portation Security Administration, provide a ‘‘(A) evaluate the results of the blast-re- (3) by striking ‘‘2007’’ in subsection (h)(1) level of security comparable to the level of sistant cargo container pilot program insti- and inserting ‘‘2028’’; security in effect for passenger checked bag- tuted before the date of enactment of the (4) by striking paragraphs (2) and (3) of gage. Aviation Security Improvement Act; subsection (h) and inserting the following: ‘‘(3) REGULATIONS.— ‘‘(B) based on that evaluation, begin the ‘‘(2) ALLOCATION.—Of the amount made ‘‘(A) INTERIM FINAL RULE.—The Secretary acquisition of a sufficient number of blast- available under paragraph (1) for a fiscal of Homeland Security may issue an interim resistant cargo containers to meet the re- year, not less than $200,000,000 shall be allo- final rule as a temporary regulation to im- quirements of the Transportation Security cated to fulfill letters of intent issued under plement this subsection without regard to Administration’s cargo security program subsection (d). the provisions of chapter 5 of title 5. under paragraph (2); and ‘‘(3) DISCRETIONARY GRANTS.—Of the ‘‘(B) FINAL RULE.— ‘‘(C) develop a system under which the Ad- amount made available under paragraph (1) ‘‘(i) IN GENERAL.—If the Secretary issues an ministrator— for a fiscal year, up to $50,000,000 shall be interim final rule under subparagraph (A), used to make discretionary grants, with pri- the Secretary shall issue, not later than 1 ‘‘(i) will make such containers available for use by passenger aircraft operated by air ority given to small hub airports and non- year after the effective date of the interim hub airports.’’; and final rule, a final rule as a permanent regula- carriers or foreign air carriers in air transportation or intrastate air transportation on (5) by redesignating subsection (i) as sub- tion to implement this subsection in accord- section (j) and inserting after subsection (h) ance with the provisions of chapter 5 of title a random or risk-assessment basis as determined by the Administrator, in sufficient the following: 5. ‘‘(i) LEVERAGED FUNDING.—For purposes of number to enable the carriers to meet the re- ‘‘(ii) FAILURE TO ACT.—If the Secretary this section, a grant under subsection (a) to quirements of the Administration’s cargo se- does not issue a final rule in accordance with an airport sponsor to service an obligation curity system; and clause (i) on or before the last day of the 1- issued by or on behalf of that sponsor to fund ‘‘(ii) provide for the storage, maintenance, year period referred to in clause (i), the Sec- a project described in subsection (a) shall be and distribution of such containers. retary shall submit a report to the Congress considered to be a grant for that project.’’. explaining why the final rule was not timely ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within (b) PRIORITIZATION OF PROJECTS.— issued and providing an estimate of the ear- 90 days after the date on which the Adminis- (1) IN GENERAL.—The Administrator shall liest date on which the final rule will be trator completes development of the system create a prioritization schedule for airport issued. The Secretary shall submit the first required by paragraph (1)(C), the Adminis- security improvement projects described in such report within 10 days after such last trator of the Transportation Security Ad- section 44923(b) of title 49, United States day and submit a report to the Congress con- ministration shall implement that system Code, based on risk and other relevant fac- taining updated information every 60 days and begin making blast-resistant cargo con- tors, to be funded under the grant program thereafter until the final rule is issued. tainers available to such carriers as nec- provided by that section. The schedule shall ‘‘(iii) SUPERSEDING OF INTERIM FINAL essary.’’. include both hub airports (as defined in sec- RULE.—The final rule issued in accordance SEC. 5. PROTECTION OF AIR CARGO ON PAS- tion 41731(a)(3) of title 49, United States with this subparagraph shall supersede the SENGER PLANES FROM EXPLOSIVES. Code) and nonhub airports (as defined in sec- interim final rule issued under subparagraph (a) TECHNOLOGY RESEARCH AND PILOT tion 41731(a)4) of title 49, United States (A). PROJECTS.— Code). ‘‘(4) REPORT.—Not later than 1 year after (1) RESEARCH AND DEVELOPMENT.—The Sec- (2) AIRPORTS THAT HAVE COMMENCED the date on which the system required by retary of Homeland Security shall expedite PROJECTS.—The schedule shall include air- paragraph (1) is established, the Secretary research and development for technology ports that have incurred eligible costs asso- shall transmit a report to Congress that de- that can disrupt or prevent an explosive de- ciated with development of partial in-line tails and explains the system.’’. vice from being introduced onto a passenger baggage systems before the date of enact- (b) ASSESSMENT OF EXEMPTIONS.— plane or from damaging a passenger plane ment of this Act in reasonable anticipation (1) TSA ASSESSMENT OF EXEMPTIONS.— while in flight or on the ground. The re- of receiving a grant under section 44923 of (A) IN GENERAL.—Not later than 180 days search shall include blast resistant cargo title 49, United States Code, in reimburse- after the date of enactment of this Act, the containers and other promising technology ment of those costs but that have not re- Secretary of Homeland Security, through and will be used in concert with implementa- ceived such a grant. the Administrator of the Transportation Se- tion of section 4 of this Act. (3) REPORT.—Within 180 days after the date curity Administration, shall submit a report (2) PILOT PROJECTS.—The Secretary, in con- of enactment of this Act, the Administrator to Congress and to the Comptroller General junction with the Secretary of Transpor- shall provide a copy of the prioritization containing an assessment of each exemption tation, shall establish a grant program to schedule, a corresponding timeline, and a de- granted under section 44901(i) of title 49, fund pilot projects— scription of the funding allocation under sec- United States Code, for the screening re- (A) to deploy technologies described in tion 44923 of title 49, United States Code, to quired by section 44901(g)(1) of that title for paragraph (1); and the Senate Committee on Commerce, cargo transported on passenger aircraft and (B) to test technology to expedite the re- Science, and Transportation and the House an analysis to assess the risk of maintaining covery, development, and analysis of infor- of Representatives Committee on Homeland such exemption. The Secretary may submit mation from aircraft accidents to determine Security. the report in both classified and redacted the cause of the accident, including SEC. 8. RESEARCH AND DEVELOPMENT OF AVIA- formats if the Secretary determines that deployable flight deck and voice recorders TION TRANSPORTATION SECURITY such action is appropriate or necessary. and remote location recording devices. TECHNOLOGY. (B) CONTENTS.—The report shall include— (b) AUTHORIZATION OF APPROPRIATIONS.— Section 137(a) of the Aviation and Trans- (i) the rationale for each exemption; There are authorized to be appropriated to portation Security Act (49 U.S.C. 44912 note) (ii) a statement of the percentage of cargo the Secretary of Homeland Security for fis- is amended— that is not screened as a result of each ex- cal year 2008 such sums as may be necessary (1) by striking ‘‘2002 through 2006,’’ and in- emption; to carry out this section, such funds to re- serting ‘‘2006 through 2009,’’; (iii) the impact of each exemption on avia- main available until expended. (2) by striking ‘‘aviation’’ and inserting tion security; SEC. 6. IN-LINE BAGGAGE SCREENING. ‘‘transportation’’; and (iv) the projected impact on the flow of (a) EXTENSION OF AUTHORIZATION.—Section (3) by striking ‘‘2002 and 2003’’ and insert- commerce of eliminating such exemption; 44923(i)(1) of title 49, United States Code, is ing ‘‘2006 through 2009’’.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.038 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1651 SEC. 9. CERTAIN TSA PERSONNEL LIMITATIONS individual, the Office of Appeals and Redress curity Improvement Act the Administrator NOT TO APPLY. shall— shall initiate and complete a study of the (a) IN GENERAL.—Notwithstanding any pro- ‘‘(A) ensure that the records maintained feasibility of a program, based on a risk- vision of law to the contrary, any statutory under this subsection contain information managed approach, to provide grants to gen- limitation on the number of employees in determined by the Secretary to authenticate eral aviation airport operators for projects the Transportation Security Administration, the identity of such a passenger or indi- to upgrade security at general aviation air- before or after its transfer to the Depart- vidual; and ports (as defined in section 47135(m)). If the ment of Homeland Security from the Depart- ‘‘(B) furnish to the Transportation Secu- Administrator determines that such a pro- ment of Transportation, does not apply after rity Administration, the Bureau of Customs gram is feasible, the Administrator shall es- fiscal year 2007. and Border Protection, or any other appro- tablish such a program. (b) AVIATION SECURITY.—Notwithstanding priate Department entity, upon request, ‘‘(3) APPLICATION TO FOREIGN-REGISTERED any provision of law imposing a limitation such information as may be necessary to GENERAL AVIATION AIRCRAFT.—Within 180 on the recruiting or hiring of personnel into allow such agencies to assist air carriers in days after the date of enactment of the Avia- the Transportation Security Administration improving their administration of the ad- tion Security Improvement Act, the Admin- to a maximum number of permanent posi- vanced passenger prescreening system and istrator shall develop a risk-based system tions, the Secretary of Homeland Security reduce the number of false positives.’’. under which— shall recruit and hire such personnel into the (b) CLERICAL AMENDMENT.—The table of ‘‘(A) foreign-registered general aviation Administration as may be necessary— contents in section 1(b) of such Act is aircraft, as identified by the Administrator, (1) to provide appropriate levels of aviation amended by inserting after the item relating in coordination with the Administrator of security; and to section 430 the following: the Federal Aviation Administration, are re- (2) to accomplish that goal in such a man- ‘‘431. Appeal and redress process for pas- quired to submit passenger information to ner that the average aviation security-re- sengers wrongly delayed or pro- the Transportation Security Administration lated delay experienced by airline passengers hibited from boarding a before entering United States airspace; and is reduced to a level of less than 10 minutes. flight.’’. ‘‘(B) such information is checked against SEC. 10. SPECIALIZED TRAINING. SEC. 13. STRATEGIC PLAN TO TEST AND IMPLE- appropriate databases maintained by the The Administrator of the Transportation MENT ADVANCED PASSENGER Transportation Security Administration.’’. Security Administration shall provide ad- PRESCREENING SYSTEM. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— vanced training to transportation security Not later than 180 days after the date of There are authorized to be appropriated to officers for the development of specialized enactment of this Act, the Secretary of the Secretary of Homeland Security such security skills, including behavior observa- Homeland Security, in consultation with the sums as may be necessary to carry out any tion and analysis, explosives detection, and Administrator of the Transportation Secu- program established under paragraph (2).’’. document examination, in order to enhance rity Administration, shall submit to the SEC. 16. SECURITY CREDENTIALS FOR AIRLINE the effectiveness of layered transportation Congress a plan that— CREWS. security measures. (1) describes the system to be utilized by Within 180 days after the date of enact- SEC. 11. EXPLOSIVE DETECTION AT PASSENGER the Department of Homeland Security to as- ment of this Act, the Administrator of the SCREENING CHECKPOINTS. sume the performance of comparing pas- Transportation Security Administration (a) IN GENERAL.—Within 90 days after the senger information, as defined by the Admin- shall, after consultation with airline, air- date of enactment of this Act, the Secretary istrator of the Transportation Security Ad- port, and flight crew representatives, trans- of Homeland Security shall issue the stra- ministration, to the automatic selectee and mit a report to the Senate Committee on tegic plan the Secretary was required by sec- no-fly lists, utilizing appropriate records in Commerce, Science, and Transportation and tion 44925(a) of title 49, United States Code, the consolidated and integrated terrorist the House of Representatives Committee on to have issued within 90 days after the date watchlist maintained by the Federal govern- Transportation and Infrastructure on the of enactment of the Intelligence Reform and ment; status of its efforts to institute a sterile area Terrorism Prevention Act of 2004. (2) provides a projected timeline for each access system or method that will enhance (b) DEPLOYMENT.—Section 44925(b) of title phase of testing and implementation of the security by properly identifying authorized 49, United States Code, is amended by adding system; airline flight deck and cabin crew members at the end thereof the following: (3) explains how the system will be inte- at screening checkpoints and granting them ‘‘(3) FULL DEPLOYMENT.—The Secretary grated with the prescreening system for pas- expedited access through screening check- shall fully implement the strategic plan sengers on international flights; and points. The Administrator shall include in within 1 year after the date of enactment of (4) describes how the system complies with the report recommendations on the feasi- the Aviation Security Improvement Act.’’. section 552a of title 5, United States Code. bility of implementing the system for the SEC. 12. APPEAL AND REDRESS PROCESS FOR SEC. 14. REPAIR STATION SECURITY. domestic aviation industry beginning 1 year PASSENGERS WRONGLY DELAYED (a) CERTIFICATION OF FOREIGN REPAIR STA- after the date on which the report is sub- OR PROHIBITED FROM BOARDING A TIONS SUSPENSION.—If the regulations re- mitted. The Administrator shall begin full FLIGHT. quired by section 44924(f) of title 49, United implementation of the system or method not (a) IN GENERAL.—Subtitle C of title IV of States Code, are not issued within 90 days later than 1 year after the date on which the the Homeland Security Act of 2002 (6 U.S.C. after the date of enactment of this Act, the Administrator transmits the report. 231 et seq.) is amended by adding at the end Administrator of the Federal Aviation Ad- f the following: ministration may not certify any foreign re- ‘‘SEC. 431. APPEAL AND REDRESS PROCESS FOR pair station under part 145 of title 14, Code of SUBMITTED RESOLUTIONS PASSENGERS WRONGLY DELAYED Federal Regulations, after such 90th day un- OR PROHIBITED FROM BOARDING A less the station was previously certified by FLIGHT. the Administration under that part. SENATE RESOLUTION 72—AC- ‘‘(a) IN GENERAL.—The Secretary shall es- (b) 6-MONTH DEADLINE FOR SECURITY RE- KNOWLEDGING THE SEVERITY tablish a timely and fair process for individ- VIEW AND AUDIT.—Subsections (a) and (d) of OF THE WETLAND LOSS OCCUR- uals who believe they have been delayed or section 44924 of title 49, United States Code, RING IN LOUISIANA AND SUP- prohibited from boarding a commercial air- are each amended by striking ‘‘18 months’’ PORTING THE OBSERVANCE OF craft because they were wrongly identified as and inserting ‘‘6 months’’. WORLD WETLANDS DAY IN THE a threat under the regimes utilized by the SEC. 15. GENERAL AVIATION SECURITY. Transportation Security Administration, the Section 44901 of title 49, United States UNITED STATES Bureau of Customs and Border Protection, or Code, is amended by adding at the end there- Ms. LANDRIEU submitted the fol- any other Department entity. of the following: lowing resolution; which was referred ‘‘(b) OFFICE OF APPEALS AND REDRESS.— ‘‘(i) GENERAL AVIATION AIRPORT SECURITY to the Committee on Environment and ‘‘(1) ESTABLISHMENT.—The Secretary shall PROGRAM.— Public Works: establish an Office of Appeals and Redress to ‘‘(1) IN GENERAL.—Within 1 year after the oversee the process established by the Sec- date of enactment of the Aviation Security S. RES. 72 retary pursuant to subsection (a). Improvement Act the Administrator of the Whereas Louisiana’s coastal wetlands are ‘‘(2) RECORDS.—The process established by Transportation Security Administration among the Nation’s most diverse and produc- the Secretary pursuant to subsection (a) shall— tive ecosystems, home to ospreys, egrets, al- shall include the establishment of a method ‘‘(A) develop a standardized threat and vul- ligators, shellfish, turtles, sea grasses, and by which the Office of Appeals and Redress, nerability assessment program for general bald cypress trees; under the direction of the Secretary, will be aviation airports (as defined in section Whereas Louisiana’s wetlands are eroding able to maintain a record of air carrier pas- 47135(m)); and at a rate of 25 square miles per year and, as sengers and other individuals who have been ‘‘(B) implement a program to perform such a result of Hurricane Katrina on August 29, misidentified and have corrected erroneous assessments on a risk-assessment basis at 2005, and Hurricane Rita on September 24, information. general aviation airports. 2005, 217 square miles of wetlands were ‘‘(3) INFORMATION.—To prevent repeated ‘‘(2) GRANT PROGRAM.—Within 6 months turned into open water, significantly advanc- delays of an misidentified passenger or other after date of enactment of the Aviation Se- ing Louisiana’s wetlands loss;

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.038 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1652 CONGRESSIONAL RECORD — SENATE February 6, 2007 Whereas the State has lost 2,100 square lion tons of waterborne commerce an- knowledge February 2, as World Wet- miles of coastal wetlands since the 1930s and nually—the largest port system in the lands Day and express that it is the is expected to lose another 500 square miles world by tonnage. That accounts for 21 sense of the Senate that we must raise over the next 50 years if nothing is done to percent of all waterborne commerce in awareness of the Nation’s imperiled mitigate wetland loss; Whereas 2,000,000 residents, more than 50 the United States each year. In fact, wetlands—in Louisiana and throughout percent of the State’s population, live within four of the top ten largest ports in the the country. We need to raise aware- Louisiana’s coastal zone; United States are located in Louisiana. ness of these critical issues and we Whereas Louisiana’s working wetlands pro- These wetlands also offer protection need to work locally, regionally, na- vide protection for coastal communities and from storm surge for two million peo- tionally, and internationally to con- for oil and gas pipelines that serve as the ple and a unique culture. Louisiana’s front this problem head on. major energy artery in the United States, low-lying coastal communities are The good news is that scientists delivering more than 25 percent of the Na- home to more than 2 million people— know how to restore the wetlands and tion’s energy; they have been very successful in rein- Whereas wetland ecosystems throughout nearly half the State’s population. the United States are threatened by erosion, Even as those communities recover forcing barrier islands that protect invasive species, runoff, and habitat loss; and from the back-to-back 2005 hurricanes, these ecological gems. What has here- Whereas World Wetlands Day is celebrated they remain threatened and com- tofore been lacking is not the will, but around the world on February 2 of each year promised as the land they occupy the resources with which to undertake by government agencies, nongovernmental erodes from beneath their feet. this critical challenge. The passage of organizations, and groups of citizens in the Tragically, Louisiana’s wetlands are the Gulf of Mexico Energy Security global community: Now, therefore, be it eroding at a devastating rate: approxi- Act changed that and certified Amer- Resolved, That the Senate— (1) acknowledges the severity of the wet- mately 24 square miles per year dis- ica’s commitment to providing long- land loss occurring in Louisiana; appear—that is the equivalent of ap- term, sustainable funding to address (2) recognizes and supports the observance proximately one football field lost this problem. Today, we have the will; of World Wetlands Day in the United States; every 38 minutes. Within the next 50 we have the way; let’s get to work and and years—even with current restoration preserve America’s wetlands. (3) supports efforts to raise awareness efforts taken into account—those wet- f about the critical need to sustain and pre- lands are expected to recede an addi- SENATE RESOLUTION 73—DESIG- serve wetlands in Louisiana, the United tional 500 square miles. States, and throughout the world. The U.S. Geological Survey recently NATING FEBRUARY 6, 2007, AS Ms. LANDRIEU. Mr. President, I found that Hurricanes Katrina and ‘‘RONALD REAGAN DAY’’ come to the floor today in honor of Rita alone transformed 217 square Mr. ALLARD (for himself, Mrs. FEIN- World Wetlands Day proc1aiming Feb- miles of marsh to open water. Trag- STEIN, Mr. COLEMAN, Mr. STEVENS, Mrs. ruary 2 America’s Wetlands Day. ically, these eroding wetlands are Na- DOLE, Mrs. HUTCHISON, Mr. VITTER, Mr. February 2, 1971 was the date of the ture’s levee system—they diminish a HATCH, Mr. MCCAIN, Mr. MCCONNELL, adoption of the Convention on Wet- hurricane’s destructive power by reduc- and Mr. REID) submitted the following lands in the Iranian city of Ramsar on ing storm surge and absorbing wave en- resolution; which was considered and the shores of the Caspian Sea. ergy. agreed to: Each year since 1971, leaders from all Scientists have estimated for every S. RES. 73 parts of the world have used this day to 2.4 square miles of wetlands, storm Whereas President Ronald Wilson Reagan, raise public awareness of the value and surges are lowered by about one foot. a man of humble background, worked benefits of wetlands—not only as eco- Some studies suggest that only one throughout his life serving as an entertainer, logical gems, but as economic boons, square mile of wetlands may achieve a corporate spokesman, Governor of Cali- incubators of biodiversity, and a this. Because these wetlands are nurs- fornia, and President of the United States; Whereas Ronald Reagan served for 2 terms sportsman’s paradise. eries for many species of fish and shell- The signing in 1971 of the Convention as the 40th President of the United States; fish, their loss has a profound impact Whereas Ronald Reagan was elected to his on Wetlands provided a framework for on the $1 billion dollar per year fishing second term by almost three-fifths of the national action and international co- industry supported by Louisiana’s frag- electorate, a percentage surpassed only by operation toward the conservation and ile coastal environment. the election of President Lyndon Baines wise use of wetlands and their re- The costs associated with Louisiana’s Johnson in 1964, and was victorious in 49 of sources. Wetlands can be found in coastal wetland loss are not only Lou- the 50 States in the general election, an elec- every country and are among the most isiana’s to bear—they are the entire toral college record unsurpassed in the history of Presidential elections in the United productive ecosystems in the world. Nation’s. For instance: Hurricanes Those of us from Louisiana have a States; and Katrina and Rita impacted more than Whereas February 6, 2007, will be the 96th rather unique perspective on the sub- 26,000 businesses, destroyed 275,000 anniversary of Ronald Reagan’s birth, and ject of wetlands. You see, Louisiana’s homes, and caused more than $44.7 bil- June 5, 2007, will be the third anniversary of coast is really America’s Wetland. It is lion in insured losses. his passing: Now, therefore, be it not a beach, but a vast landscape of es- Today, more than 40 percent of the Resolved, That the Senate— tuaries, rivers, freshwater marsh, for- Nation’s oil and nearly a quarter of the (1) designates February 6, 2007, as ‘‘Ronald ested floodplains, and vernal pools. Nation’s natural gas is produced in or Reagan Day’’; and The landscape that extends along (2) encourages the people of the United transported through Louisiana. States to observe the day with appropriate Louisiana’s coast is one of the largest More than 20 percent of the nation’s ceremonies and activities. and most productive expanses of coast- imported oil is delivered to and proc- f al wetlands in North America. It is the essed in Louisiana. seventh largest delta on earth, where Louisiana is second only to Texas in SENATE CONCURRENT RESOLU- the Mississippi River drains two-thirds the number of oil refineries on its TION 9—CELEBRATING THE CON- of the United States. It is also one of soi1—with 17 refineries, most of which TRIBUTIONS OF THE ARCHITEC- the most productive environments in are located in the coastal zone. TURAL PROFESSION DURING America—‘‘working wetlands’’ as they The erosion of Louisiana’s coastal ‘‘NATIONAL ARCHITECTURE are known to Louisianians—producing wetlands—America’s Wetlands—endan- WEEK’’ more seafood than any other State in gers the U.S. energy supply and it en- Ms. LANDRIEU submitted the fol- the lower 48. It’s the nursery ground dangers the Nation’s critical infra- lowing concurrent resolution; which for the Gulf of Mexico and habitat for structure in the Gulf Coast: Refineries was referred to the Committee on the one of the greatest flyways in the and petrochemical facilities that drive Judiciary: world for millions of waterfowl and mi- U.S. economic growth are at risk of S. CON. RES. 9 gratory songbirds. being flooded, damaged and shut down, Whereas the architectural profession has Even more importantly, Louisiana’s as we saw during the 2005 hurricanes. made unique contributions to the history, coastal wetlands provide storm protec- That is why I am submitting a Sense texture, and quality of life in the United tion for ports that carry nearly 500 mil- of the Senate resolution that will ac- States;

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1653 Whereas the beginning of an organized ar- Senate on Tuesday, February 6, 2007, at There being no objection, the Senate chitectural profession in the United States 10 a.m. to hold a hearing on Somalia. proceeded to consider the resolution. was signified by the founding of the Amer- The PRESIDING OFFICER. Without Mr. ALLARD. Mr. President, the res- ican Institute of Architects 150 years ago; objection, it is so ordered. olution I am honored to submit today Whereas today there are approximately 281,000 individuals in the United States who COMMITTEE ON THE JUDICIARY with my colleague, Senator FEINSTEIN, work in the profession of architecture; Mr. WEBB. Mr. President, I ask is to commemorate today, February 6, Whereas architects express the richness of unanimous consent that the Com- 2007—what would be Ronald Reagan’s the Nation’s heritage and the vitality of its mittee on the Judiciary be authorized 96th birthday—as Ronald Reagan Day. spirit through the vigilant stewardship of to meet to conduct a hearing on ‘‘Pre- President Ronald Wilson Reagan, a great architectural and historic treasures; serving Prosecutorial Independence: Is man of humble background, worked Whereas architects improve the quality of the Department of Justice Politicizing throughout his life serving freedom and life for all individuals in the United States advancing the public good, having been by combining advances in building tech- the Hiring and Firing of U.S. Attor- nology with design innovation to build neys?’’ for Tuesday, February 6, 2007 at employed as an entertainer, union healthy, safe, livable, and sustainable build- 9:30 a.m. in Dirksen Senate Office leader, corporate spokesman, Governor ings and communities; and Building Room 226. of California and President of the Whereas the week beginning April 8, 2007, Witness List: The Honorable Mark United States. In 1981, when Ronald has been designated by the American Insti- Pryor, United States Senator [D, AR]; Reagan was inaugurated President, he tute of Architects as ‘‘National Architecture The Honorable Paul J. McNulty, Dep- inherited a disillusioned Nation shack- Week’’ to bring attention to the importance uty Attorney General, U.S. Depart- led by rampant inflation and high un- of the architectural profession to the United employment. During Mr. Reagan’s States: Now, therefore, be it ment of Justice, Washington, DC; Mary Resolved by the Senate (the House of Rep- Jo White, Partner, Debevoise & presidency he worked in a bipartisan resentatives concurring), That— Plimpton, LLP, New York, NY; Laurie manner to enact his bold agenda of re- (1) it is the sense of the Congress that the L. Levenson, Professor of Law, Loyola storing accountability and common contributions of the architectural profession Law School, Los Angeles, CA; Stuart sense to government, which led to an should be recognized and celebrated during M. Gerson, Partner, Epstein Becker & unprecedented economic expansion and ‘‘National Architecture Week’’; and Green, Washington, DC. opportunity for millions of Americans. (2) the Congress encourages the people of The PRESIDING OFFICER. Without Mr. Reagan’s commitment to an ac- the United States and interested organiza- objection, it is so ordered. tive social policy agenda for the Na- tions to observe ‘‘National Architecture Week’’ with appropriate ceremonies and ac- COMMITTEE ON THE JUDICIARY tion’s children helped lower crime and tivities. Mr. WEBB. Mr. President, I ask drug use in our neighborhoods. Presi- dent Reagan’s commitment to our f unanimous consent that the Com- mittee on the Judiciary be authorized armed forces contributed to the res- AUTHORITY FOR COMMITTEES TO to meet to conduct a hearing on ‘‘Judi- toration of pride in America, in her MEET cial Nominations’’ for Tuesday, Feb- values and in those cherished by the COMMITTEE ON ARMED SERVICES ruary 6, 2007 at 2:30 p.m. in Dirksen free world, and prepared America’s Mr. WEBB. Mr. President, I ask Senate Office Building Room 226. Armed Forces to meet 21st Century unanimous consent that the Com- Witness List: John Preston Bailey to challenges. President Reagan’s vision mittee on Armed Services be author- be U.S. District Judge for the Northern of ‘‘peace through strength’’ led to the ized to meet during the session of the District of West Virginia; Otis D. end of the Cold War and the ultimate Senate on Tuesday, February 6, 2007, at Wright II to be U.S. District Judge for demise of the Soviet Union, guaran- 9:30 a.m., in open session to receive tes- the Central District of California; teeing basic human rights for millions timony on the fiscal year 2008 budget George H. Wu to be U.S. District Judge of people. It is entirely appropriate request and the fiscal years 2007 and for the Central District of California. that on February 6, 2007, which will be 2008 war supplemental requests in re- The PRESIDING OFFICER. Without the 96th anniversary of Ronald Rea- view of the defense authorization re- objection, it is so ordered. gan’s birth, and the third since his quest for fiscal year 2008 and the future SELECT COMMITTEE ON INTELLIGENCE passing, we declare February 6th, 2007, years defense program. Mr. WEBB. Mr. President, I ask to be Ronald Reagan Day and urge all The PRESIDING OFFICER. Without unanimous consent that the Select citizens to take cognizance of this objection, it is so ordered. Committee on Intelligence be author- event and participate fittingly in its COMMITTEE ON ENVIRONMENT AND PUBLIC ized to meet during the session of the observance. WORKS Senate on February 6, 2007 at 2:30 p.m. Mr. MCCONNELL. Mr. President, I Mr. WEBB. Mr. President, I ask to hold a closed hearing. ask unanimous consent that I be added unanimous consent that the Com- The PRESIDING OFFICER. Without as a cosponsor to this resolution. mittee on Environment and Public objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. Works be authorized to meet during f the session of the Senate on Tuesday, Mr. REID. Mr. President, I ask unan- PRIVILEGES OF THE FLOOR February 6, 2007. imous consent that I also be added as a The agenda to be considered: Over- Mr. HARKIN. Mr. President, I ask cosponsor to this resolution. sight of Recent EPA Decisions. unanimous consent that Mitchell Lin- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without coln and Shakti Shakti of my staff be objection, it is so ordered. objection, it is so ordered. granted floor privileges for the dura- Mr. REID. Mr. President, I ask unanimous consent that the resolution be COMMITTEE ON FINANCE tion of today’s session. The PRESIDING OFFICER. Without agreed to, the preamble be agreed to, Mr. WEBB. Mr. President, I ask objection, it is so ordered. and that the motion to reconsider laid unanimous consent that the Com- upon the table. mittee on Finance be authorized to f The PRESIDING OFFICER. Without meet during the session on Tuesday, DESIGNATING FEBRUARY 6, 2007, objection, it is so ordered. February 6, 2007, at 2:45 p.m., in 215 AS ‘‘RONALD REAGAN DAY’’ The resolution (S. Res. 73) was agreed Dirksen Senate Office Building, to hear Mr. REID. Mr. President, I ask unan- to. testimony on ‘‘The President’s Fiscal imous consent that the Senate proceed The preamble was agreed to. Year 2008 Budget Proposal.’’ to the consideration of S. Res. 73. The resolution, with its preamble, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without reads as follows: objection, it is so ordered. objection, it is so ordered. S. RES. 73 COMMITTEE ON FOREIGN RELATIONS The clerk will state the resolution by Whereas President Ronald Wilson Reagan, Mr. WEBB. Mr. President, I ask title. a man of humble background, worked unanimous consent that the Com- The legislative clerk read as follows: throughout his life serving as an entertainer, mittee on Foreign Relations be author- A resolution (S. Res. 73) designating Feb- a corporate spokesman, Governor of Cali- ized to meet during the session of the ruary 6, 2007, as ‘‘Ronald Reagan Day.’’ fornia, and President of the United States;

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1654 CONGRESSIONAL RECORD — SENATE February 6, 2007 Whereas Ronald Reagan served for 2 terms the escalation in Iraq. They will finish for 15 minutes each. If at all possible, I as the 40th President of the United States; that next week, and we will get it then, ask that Senator SCHUMER be recog- Whereas Ronald Reagan was elected to his and it will be very direct and to the nized as close to 10:30 as possible. second term by almost three-fifths of the point. The PRESIDING OFFICER. Without electorate, a percentage surpassed only by the election of President Lyndon Baines f objection, it is so ordered. Johnson in 1964, and was victorious in 49 of ORDERS FOR WEDNESDAY, f the 50 States in the general election, an elec- FEBRUARY 7, 2007 toral college record unsurpassed in the his- PROGRAM Mr. REID. Mr. President, I ask unan- tory of Presidential elections in the United Mr. REID. For the information of the imous consent that when the Senate States; and Senate, I anticipate that at 2 p.m. to- Whereas February 6, 2007, will be the 96th completes its business today, it stand anniversary of Ronald Reagan’s birth, and adjourned until 10 a.m., Wednesday, morrow, the Senate will debate several June 5, 2007, will be the third anniversary of February 7; that on Wednesday, fol- nominations on the Executive Cal- his passing: Now, therefore, be it lowing the prayer and the pledge, the endar, General Casey and Admiral Resolved, That the Senate— Journal of proceedings be approved to Fallon. I will meet with the Republican (1) designates February 6, 2007, as ‘‘Ronald leader and find out how much time will Reagan Day’’; and date, the morning hour be deemed to have expired, the time for the two lead- be required on that side by 2 p.m. to- (2) encourages the people of the United morrow afternoon. States to observe the day with appropriate ers be reserved for their use later in ceremonies and activities. the day; that there then be a period of f f morning business, with Senators permitted to speak therein, with the time ADJOURNMENT UNTIL 10 A.M. ORDER OF PROCEDURE until 2 p.m. equally divided and con- TOMORROW Mr. REID. Mr. President, very quick- trolled between the two leaders or Mr. REID. Mr. President, if there is ly—I know the hour is late—I spoke to their designees, alternating sides when no further business to come before the Speaker PELOSI a couple of hours ago. appropriate, with the first 30 minutes Senate, I ask unanimous consent that Next week, the House is going to take of debate under the control of the Re- the Senate stand adjourned under the up the Iraq situation. The legislation publicans and the next 30 minutes previous order. they will deal with, I have been told by under the control of the majority; that There being no objection, the Senate, the Speaker, is whether the House of during the majority time, Senators at 7:31 p.m., adjourned until Wednes- Representatives will support the surge, SCHUMER and KENNEDY be recognized day, February 7, at 10 a.m.

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