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 27, 2007 No. 33 Senate The Senate met at 10 a.m. and was U.S. SENATE, I would say, as I said last night, called to order by the Honorable JON PRESIDENT PRO TEMPORE, whichever vehicle comes to the floor— TESTER, a Senator from the State of Washington, DC, February 27, 2007. I would hope we could speed things up Montana. To the Senate: by 30 hours by doing S. 4—we need to Under the provisions of rule I, paragraph 3, get to this legislation. I had indicated of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable JON TESTER, a Sen- prior to the recess, and indicate today, The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform it is open to amendment. I, in fact, fered the following prayer: the duties of the Chair. even have the first Democratic Senator Let us pray. ROBERT C. BYRD, who wants to offer an amendment. I Almighty God, to whom we must ac- President pro tempore. am sure the minority has a lot of count for all our powers and privileges, Mr. TESTER thereupon assumed the amendments they want to offer. chair as Acting President pro tempore. guide the Members of this body so that 9/11 COMMISSION RECOMMENDATIONS f they will be faithful stewards of Your Mr. President, I want to bring to the will. Give them understanding and in- RECOGNITION OF THE MAJORITY attention of the body letters Senator tegrity that human rights may be safe- LEADER MCCONNELL and I received. They are guarded and justice served. Teach them The ACTING PRESIDENT pro tem- dated yesterday. The letter to me to rely on Your strength and to serve pore. The majority leader is recog- states: You with honor. May each Senator in nized. her or his daily work know the joy of It has been exactly 14 years since the first partnership with You. f attack on the World Trade Center; over 5 Lord, we pray today also for the men years since the terrorist attacks of 9/11; and SCHEDULE over 2 years since the 9/11 Commission re- and women of our Armed Forces. De- Mr. REID. Mr. President, today the leased a blueprint for strengthening Amer- fend them with Your heavenly grace Senate will be in a period of morning ica’s security. The pace of Congressional re- and give them courage to face perils business until 12:30 p.m. During the pe- sponse to these wake-up calls has been gla- with trust in You. Give them a sense of riod of morning business, Senators will cial. Your abiding presence wherever they be permitted to speak for up to 10 min- Now, I am not going to read the other may be. Strengthen and sustain their utes each. The first 30 minutes will be three paragraphs of this letter other loved ones. controlled by the Republicans and the than to say this letter is signed by dif- We pray in Your sovereign Name. second 30 minutes will be controlled by ferent groups—widows and orphans— Amen. the majority. Carol Ashley, representing a group At 12:30, the Senate will recess until called VOICES of September 11th, who f the hour of 2:15. Upon reconvening at is the mother of Janice, who was killed 2:15, the Senate will resume debate on in that 9/11 occurrence; Beverly Eckert, PLEDGE OF ALLEGIANCE the motion to proceed to S. 184. The representing a group called Families of cloture vote will occur at 2:30, with the The Honorable JON TESTER led the September 11, and who is the widow of time until then equally divided and Pledge of Allegiance, as follows: Sean Rooney, who was 50; Mary controlled between the two leaders and I pledge allegiance to the Flag of the Fetchet, the founding director and their designees. president of VOICES of September United States of America, and to the Repub- As I indicated yesterday prior to the lic for which it stands, one nation under God, 11th, who is the mother of Brad, who Senate adjourning, the Republican indivisible, with liberty and justice for all. was 24, who was killed in the incident; leader and I have had discussions about and Carie Lemack, the cofounder and the 9/11 Commission recommendations f president of Families of September 11, legislation, and while the time has been set for the cloture vote on the mo- who is the daughter of Judy Larocque, APPOINTMENT OF ACTING tion to proceed to S. 184, we will con- who was 50 years old, who died in that PRESIDENT PRO TEMPORE tinue our discussions to ascertain terrorist attack. The PRESIDING OFFICER. The whether we can vitiate that cloture Mr. President, I ask unanimous con- clerk will please read a communication vote. If we are able to do that, we sent that the letter be printed in the to the Senate from the President pro would switch to S. 4, which is the RECORD. tempore (Mr. BYRD). Homeland Security-reported matter re- There being no objection, the mate- The assistant legislative clerk read ported by Chairman LIEBERMAN and rial was ordered to be printed in the the following letter: Ranking Member COLLINS. RECORD, as follows:

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

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VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2238 CONGRESSIONAL RECORD — SENATE February 27, 2007 FEBRUARY 26, 2007. with the Iraq war. I stated at the time amendments that Members on this side Hon. HARRY REID, we were doing that the 9/11 legislation of the aisle want to offer to the 9/11 Senate Majority Leader U.S. Senate, Wash- will be subject to amendments. bill. ington, DC. Senator MCCONNELL and I are work- The majority leader has indicated DEAR SENATOR REID: It has been exactly 14 years since the first attack on the World ing our way through this issue to de- there will be no desire on his part, and Trade Center; over 5 years since the terrorist termine when the next debate will take reiterated it here this morning, to pre- attacks of 9/11; and over 2 years since the 9/ place regarding Iraq. I hope it can be vent any of those amendments from 11 Commission released a blueprint for done on an agreement between the two being acted upon. So we expect a free- strengthening America’s security. The pace of us. We are working on that. But I do wheeling, Senate-style debate on the of Congressional response to these wake-up say, don’t anyone suggest the 9/11 legis- 9/11 bill in which a number of impor- calls has been glacial. lation will not be open to amendment; tant amendments related to the meas- The House of Representatives has vali- ure are offered. I think we will be able dated its commitment to improving national it will be. We are going to work our security by passing H.R.1. When S. 4 goes to way through that. There will not be to work out a way to go forward in the conference, its provisions must match or sur- cloture filed on this legislation until— next few hours that will accommodate pass the strength and comprehensiveness of hopefully, it won’t have to be done. I our mutual desire to have the right bill H.R.l. Failure to act ratchets up the danger think this is a piece of legislation for before the Senate regarding 9/11, and, for America. The longer critical security which it would not be necessary. There hopefully, sometime shortly thereafter issues remain unresolved, the more time and some kind of agreement to structure options the terrorists have. certainly will not be anything in the next 10 days. We will take a look at it. the debate on Iraq in a way that will be S. 4 should be a clean bill, limited to im- mutually acceptable to both sides of plementing the remaining 9/11 Commission I will work in conjunction with the the aisle. recommendations. This legislation is far too distinguished Republican leader to find important to be politicized by the introduc- The ACTING PRESIDENT pro tem- out if cloture ever has to be filed on pore. The majority leader. tion of non-germane, controversial amend- the 9/11 bill. But I would hope we could ments and debate, particularly those relat- gain this extra 30 hours and move to it f ing to Iraq. Attention to both issues is criti- cally important. As such, each deserves sepa- right away. We could get the opening EASTER RECESS rate deliberation. statements out of the way and some Mr. REID. Mr. President, finally, let We urge you to act now to protect America amendments offered today. me say this. I have had a number of by passing stand-alone, comprehensive secu- I had a leadership meeting at 9 people come to me during the last sev- rity legislation under S. 4 based on the 9/11 o’clock this morning. I told the Sen- eral days. In fact, I got a call in Ne- Commission blueprint without complications ators there they better be ready for vada. The House is having 2 weeks dur- regarding Iraq. The legacy of those whose some votes Friday, that we are not lives have been taken by terrorists on Amer- ing the Easter recess. The Senate is ican soil is in your hands. Prove to the fami- going to be finished by 10 o’clock Fri- going to have 1 week. Everyone should lies of those killed in 1993 and 2001, and to all day morning. We have to finish this understand that. We are going to Americans, that this is a new day in Wash- bill and finish it in a way that is appro- work—we cannot move as fast as the ington, and that safety and security will fi- priate. House. We have rules here that simply nally take precedence over special interest So we have a lot of work to do. When do not allow that. While we would all groups and politics. we finish the 9/11 legislation, we have like to be able to go home and spend Respectfully, stem cells, we have the budget, we have time in our respective States, that will CAROL ASHLEY, the supplemental during this work pe- not happen. We are going to have only Mother of Janice, 25, riod. We have a lot to do. We will need a 1-week recess for Easter. VOICES of Sep- I would say during the rest of the tember 11th. the cooperation of both sides. year there are no set times. I have been BEVERLY ECKERT, I spoke out here last night, and I did Widow of Sean Roo- my utmost to lay out the facts. We as forewarning as possible to the dis- ney, 50, Families of have been able to get a lot done this tinguished Republican leader, telling September 11. last work period. It was a long work him of the days we would not have MARY FETCHET, period. We were able to do some good votes, days we would have votes. I am Mother of Brad, 24, things. We were able to pass the most going to do my very best not to have Founding Director comprehensive ethics and lobbying re- surprises in the schedule. One of the and President, surprises we will not have is 2 weeks VOICES of Sep- form in the history of the country. We passed minimum wage legislation for for the Easter break. We are going to tember 11th. have to work through that. Up until CARIE LEMACK, the first time in 10 years. We got the Daughter of Judy country’s financial house in order by August, I am hopeful and confident we Larocque, 50, Co- completing that. We have done some can get our work done. But the August founder and Presi- good work. As I said last night, it has recess is a long one, and everyone dent, Families of been done on a bipartisan basis. We should understand that is not auto- September 11. matic. We have to get our work done or have worked together. So I hope we can we may have to shorten that also. Mr. REID. I say to my friend, the dis- continue to do that. tinguished Republican leader and peo- The ACTING PRESIDENT pro tem- f ple on his side of the aisle, if people are pore. The Republican leader. concerned about going to S. 4 because RECOGNITION OF THE MINORITY Mr. MCCONNELL. Mr. President, I of not being allowed to offer amend- LEADER appreciate the clarity the majority leader brought to the issue of the ments, I have stated publicly—and I The ACTING PRESIDENT pro tem- Easter work period. I think that is understand because there were no pore. The Republican leader is recog- amendments on the continuing resolu- very helpful to Members on our side of nized. the aisle for planning purposes, and I tion—and I will state again, I appre- f ciate very much the cooperation of the appreciate his bringing up that matter Republicans. Even though there were 9/11 BILL AND IRAQ this morning. I yield the floor. no amendments, this was an issue this Mr. MCCONNELL. Mr. President, I Congress, this Senate had to complete. indicated to my good friend, the major- f None of the Members of the body here ity leader, yesterday, and I now reit- RESERVATION OF LEADER TIME are responsible for what took place erate publicly, our desire to go to the The ACTING PRESIDENT pro tem- prior to this Congress. The 110th Con- measure reported by the Committee on pore. Under the previous order, the gress is our responsibility, and that is Homeland Security. I think we will be leadership time is reserved. why I am very happy the Democrats able to work that out in the next few f and Republicans joined together and hours. We have also had a good con- got the continuing resolution passed. versation about how to structure a de- MORNING BUSINESS We were able to work our way through bate on Iraq to follow the 9/11 bill. The ACTING PRESIDENT pro tem- the contentious matters we had dealing There are a number of important pore. Under the previous order, there

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2239 will now be a period for the transaction done on the ground and then on the Senator LEVIN says: of morning business until the hour of other hand what kind of decisions We would. We would follow basically the 12:30 p.m., with Senators permitted to ought to be left to commanders. I sug- pattern that was set or proposed by the Iraq speak therein for up to 10 minutes gest to my colleagues that strategy Study Group, which was to set a goal for the each. will lead us nowhere. Congress should removal of combat troops, as you put it cor- Under the previous order, the first 30 not be involved in micromanaging the rectly, by March of next year. minutes will be controlled by the Re- day-to-day tactics of military com- Mr. Russert: publican leader or his designee. manders on the ground. Our Constitu- So how many troops would that be by The Senator from Texas. tion provides for a single Commander March of next year would be taken out? f in Chief, not 535 chieftains who can Mr. LEVIN said: make tactical decisions about some- ORDER OF PROCEDURE We don’t have a specific number, nor did thing as sensitive and challenging as the study group, but it would be most. There Mr. CORNYN. Mr. President, I am war operations in Iraq. would be a limited number of troops that aware of two speakers during our pe- We have heard there are between would be left. riod, the minority period of 30 minutes 5,000 and 6,000 members of al-Qaida in Mr. Russert said: in morning business. As a result, I ask Iraq, primarily in Anbar Province. It So out of 150,000, we would take out how unanimous consent to be allowed to makes no sense to me for us to pull out many? speak for up to 20 minutes out of that our troops until we have defeated those Mr. LEVIN: 30-minute period of time. terrorists. Certainly, I disagree with I would say most. The ACTING PRESIDENT pro tem- those who say we ought to pull out our pore. Is there objection? troops before we are able to stabilize Mr. Russert: Without objection, it is so ordered. Iraq in a way that it can sustain itself, What would be left behind? Mr. CORNYN. I thank the Chair. defend itself, and govern itself because Senator LEVIN said: f I think we know what will happen if It would be a limited number, which IRAQ Iraq becomes just another failed state would— in the Middle East, particularly with Mr. Russert said: Mr. CORNYN. Mr. President, I come those 5,000 to 6,000 members of al-Qaida Ten thousand, 20,000? to the floor this morning to express my present in Iraq: It will become another Senator LEVIN said: concerns about the growing politicali- Afghanistan. zation of the debate over the war in As we all know, when the Soviet I don’t want to put a specific number on it because that really should be left to the Iraq. The reason I am concerned is be- Union left Afghanistan, Afghanistan cause I think the revolving door of res- commanders to decide how many would be became a failed state, giving rise to the needed to carry out these limited functions. olutions we have seen emanating from Taliban and al-Qaida in Iraq, the likes I think this brief Q-and-A dem- Washington, DC, has caused confusion. of Osama bin Laden among them. Of onstrates the kind of confusion that Now, I would be happy if the confusion course, it was because they had a safe occurs when Members of the Senate, were limited to our enemies. But, un- haven in Afghanistan that they could notwithstanding their best intentions, fortunately, I think that confusion ex- then plot and plan and train and re- tinker with tactical decisions made tends to our allies and perhaps even to cruit and finance their terrorist oper- with fighting a war several thousand the troops who are now serving in that ations, and it allows them the safety war-torn country. miles away. and convenience to plan an attack We know the power Congress has I do not believe that confusion is against the United States, which they called for; rather, clarity is what we under our Constitution, and if, in fact, did on September 11, 2001. there are those, as I said earlier, who ought to be producing here. But this Of course, we know, because they believe that all is lost, then I believe revolving door of resolutions being pro- have told us, that one of al-Qaida’s the only appropriate action to take duced by those primarily on the other major goals in Iraq is to increase sec- would be for those people who hold side of the aisle has seemed to con- tarian violence between the Sunnis and that belief to try to bring a resolution tribute to our inability to speak with the Shias. Al-Qaida cannot defeat us on to the floor that would cut off funding one voice on the one subject where we the battlefield; we know that and they for this ill-fated, in their view, con- ought to be speaking with one voice; know that. The only way they can pre- flict. But my colleagues can’t have it that is, our Nation’s security. We vail is if we give up, if we pull our com- both ways. On the one hand, they can’t ought not to be playing politics of any bat troops out of Iraq until al-Qaida is say we should leave it to our com- kind when talking about the lives of no longer a threat there. We know that manders in the field to determine the our troops or the resolutions which Sunni extremists, including al-Qaida, number of troops, and yet when Gen- might have the unintended con- want to create a civil war that will eral Petraeus says he needs 21,500 sequence of undermining their morale tear the country apart. The only way troops to fight the terrorists in Iraq, or causing our friends and allies confu- al-Qaida will be successful in doing these same individuals would tell him: sion as to whether we are willing to that is if we allow them to do so. stay the course in this battle of wills. We need to let our military do the No, you can’t have them. This is a battle of wills. job in Iraq. We can’t pretend to be able This is a question and answer from If my colleagues on the other side of to make the best decisions from here in the nomination hearing for GEN David the aisle feel so strongly—as some of Washington, DC, about what kinds of Petraeus. Senator MCCAIN asked him: them clearly do—about the conflict in tactics are likely or reasonably cal- Iraq, then I believe they have an obli- culated to be successful several thou- Suppose we send you over there to your gation to cut off funding. We have at sand miles away. new job, General, only we tell you that you least two Senators who have offered can’t have any additional troops. Can you As recently as Sunday, the chairman get your job done? those kinds of resolutions—Senator of the Senate Armed Services Com- DODD and Senator FEINGOLD. I would mittee appeared on a weekend talk General Petraeus said: put it this way: If my colleagues really show. I would like to read a little bit of No, sir. believe all is lost in Iraq and there is the questions and answers which were The kind of confusion I think we no possible way to succeed, then I produced from that interaction because have seen emanating from Capitol Hill think Senators could justly reach the I think it demonstrates exactly the is directly related to the revolving door conclusion that the only moral deci- kind of confusion I am talking about of resolutions we have seen since the sion would be to deny funding to send that I think ill-serves our troops and beginning of the year. them into harm’s way. But instead ill-serves our Nation during a time of First, there was the Biden resolution. what we see is an uncontrollable desire war. Senator REID, the distinguished major- to tinker with our military operations, The question was this: ity leader, said, ‘‘Tomorrow the Senate deciding in some cases what individual Will you set a goal for withdrawing combat will proceed to S. Con. Res. 2, the bi- Members of Congress think should be troops? partisan Iraq resolution.’’ He said that

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2240 CONGRESSIONAL RECORD — SENATE February 27, 2007 on January 31, 2007. Then Senator REID Congress has no business micromanaging a Just remember, a moment ago Sen- said later the same day, ‘‘There will be war, cutting off funding or even conditioning ator LEVIN in his resolution said he a bipartisan group of Senators who be- these funds. wanted to train and equip the Iraqis, lieve the more appropriate matter is That was what Representative JIM and now Senator CLINTON says she the Warner resolution.’’ COOPER said on February 23 in the wants to defund the Iraqi troops. She So first we had the Biden resolution, Washington Post. said: Congressman CHET EDWARDS from my then we had the Warner resolution, and I want to defund the private security going then there was the Levin resolution. State of Texas, another Democrat, for the Iraqi government if they don’t meet Senator REID said, on January 31, 2007, said: these certain requirements. ‘‘In my caucus there was near una- If you strictly limit a commander’s ability to rotate troops in and out of Iraq, that kind She said that on FOX News, a special nimity for the Levin resolution.’’ report with Brit Hume on January 18, Then—I mentioned this a moment of inflexibility could put some missions and some troops at risk. 2007. ago—there are those such as Senator He said that on February 23 in the I could go on and on. I know the Sen- FEINGOLD who said: ‘‘I oppose the weak ator from Florida is here and wants to Warner-Levin resolution as currently Washington Post. The latest resolution, the Biden- speak on the same topic. But the pleth- written because it misunderstands the Levin proposal, was described by Sen- ora of resolutions that seem to be ema- situation in Iraq and shortchanges our ator JOE BIDEN of Delaware, the chair- nating from the other side of the aisle national security interests.’’ He said man of the Foreign Relations Com- can’t do anything but engender confu- that on February 1. mittee in the Senate, another Demo- sion about our aims in Iraq and in the Then there was the Reid-Pelosi reso- crat candidate for President: ‘‘And that Middle East, not only for our troops lution. This was the one on which the resolution can be simply entitled: Re- who put themselves in harm’s way but majority leader said, ‘‘I think it is so voke the authorization.’’ for Iraqis who have allied themselves much more direct. We support the What he is talking about is revoking with us, who have helped us. I would troops. We are opposed to the surge. the authorization of the use of military think that out of the new majority, at Perfect.’’ He was asked this question: I force that Congress passed in 2001. He least there ought to be a consensus on was asking you why you prefer the is talking about, in 2007, going back to what it is we ought to be doing there, House resolution to move forward. This 2001 and revoking the original author- that we ought not to be leaving our is the press asking the majority leader. ization for use of military force that troops with any doubt in their minds He said, ‘‘I think it is so much more di- has resulted in 130,000 American troops about our commitment to support rect. We support the troops. We are op- currently in Iraq. them. We ought not to be leaving any posed to the surge. Perfect.’’ That is Senator BIDEN said this: of our friends in Iraq, who have allied the majority leader on February 13, The next best step is to revoke the author- themselves with us by helping us, to 2007. ization the United States Congress gave to doubt, wondering whether we would Then one of the Democratic can- the President to go to war in the first place. pull our troops out precipitously and didates for President, Senator CHRIS He said that in Des Moines, IA, on leave them exposed to a huge humani- DODD of Connecticut, made this obser- February 17. tarian crisis and a huge ethnic cleans- vation, and I happen to think he is ex- Senator LEVIN, the chairman of the ing by the violence that would ensue. actly right. He said: ‘‘We have a sense Senate Armed Services Committee, a My hope is we will give this new plan of Senate resolution on asparagus. Democrat of Michigan, said: a chance. As the Iraq Study Group said, They don’t mean a whole lot.’’ We should limit the mission. One thought Well, I have heard a lot from my con- they believe they could support a is that we should limit the mission to a sup- surge, under appropriate conditions, on stituents back in Texas who just won- port mission. In other words, an anti-ter- page 73 in that report—a bipartisan re- der what in the world are we doing here rorist mission to go after al-Qaida in Iraq, to in Washington debating a series of non- support and train the Iraqi Army, to protect port of a group who have been given great weight in Congress. They have binding resolutions. Senator DODD has our own diplomatic personnel and other per- it exactly right. To show the dignity of sonnel in Iraq. studied the issue and made rec- these nonbinding resolutions, we even So Senator LEVIN’s proposal would be ommendations to the President. The have a Senate resolution on asparagus. to limit the mission, to put conditions President has consulted broadly with a It is demeaning and inappropriate, in on our troops and on the rules of en- large number of people, military ex- my view, for us to be talking in those gagement that would deny them the perts, people on both sides of the aisle, kinds of terms when it comes to some- ability to be successful, if they were and has come up with not only a new thing as serious as Iraq. otherwise able to be successful. He said commander but a new plan, and we Then there was the Murtha plan, that on September 19. have a new Secretary of Defense. named after Representative JACK MUR- Representative CHET EDWARDS, again I fail to understand, and I cannot un- THA, the Democrat from Pennsylvania. of Texas, a Democrat, I think nailed it. derstand, why it is there are so many This is Representative MURTHA’s plan. He said: people who are determined to see that He said: I think Congress begins to skate on thin plan be unsuccessful by not providing They won’t be able to continue. They won’t ice when we start to micromanage troop de- the troops, by not providing the fund- be able to do the deployment. ployment and rotation. ing, and by tying our troops’ hands This is his plan. He said that on February 23, 2007. with redtape, in terms of the rules of Then there are other resolutions by engagement and the conditions under They won’t have the equipment, they other candidates for President. which they fight. won’t have the training, and they won’t be The Senator from Illinois, Mr. able to do the work. There is no question in Mr. President, I ask our colleagues my mind. We have analyzed this and we have OBAMA, on his resolution said: on the other side of the aisle to work come to the conclusion that it can’t be done. The time for waiting in Iraq is over. The with us and come up with some plan So this is what the Democrats in the days of our open-ended commitment must that can have the support of the Mem- come to a close. The need to bring this war bers of Congress. As I said, it used to be House have had to offer in terms of res- to an end is here, and that is why today I am olutions: Let’s not vote to cut off fund- introducing the Iraq War Deescalation Act of that differences between political par- ing, but let’s tie our troops in so much 2007. ties stopped at the water’s edge, par- redtape and deny them the ability to That was on January 30, 2007. He ticularly on a matter so important as be successful with the new plan the wanted to cap troops who could be de- our national security. A confusing mes- President has proposed in Iraq. That ployed into Iraq and opposed the Presi- sage is sent by these revolving-door was on February 15. dent’s plan. resolutions that are mutually con- Representative JIM COOPER, a Demo- Then Senator CLINTON, on her pro- tradictory and inconsistent and do crat from Tennessee, I think tagged it posal, said: nothing to help us win the war there, right, tagged Representative MURTHA’s I don’t want to defund our troops, I am to stabilize Iraq, and to bring our plan correctly. He said on MURTHA’s against that, but I want to defund Iraqi troops home as fast as we can. clumsy strategy: troops. I yield the floor.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2241 The ACTING PRESIDENT pro tem- We have a long way to go, but we are tunity for success. Should we keep the pore. The Senator from Florida is rec- making some progress. I believe it is Commander in Chief from reinforcing ognized. important we note even the small these troops? The answer to that is Mr. MARTINEZ. Mr. President, I fol- measures of progress. I know our also no. Under article I, section 8, of low the remarks of my colleague from troops on the ground, our brave men the Constitution, with regard to the Texas regarding the situation in Iraq and women fighting in Iraq, do notice Armed Forces, Congress is given the and our own situation as it relates to these changes and understand they power of the purse and only the power that effort. I wish to pick up on what make a difference in the lives of the of the purse. We have the responsibility he said, which is that for so long in the Iraqis. When our men and women who to fully provide funding for our mili- history of our Nation, politics ended at volunteer to serve our Nation are de- tary forces, especially when they are at the water’s edge. I wish we could go ployed and they go into battle, they war and in harm’s way, defending our back to the days when we would look should never for a moment have any Nation. at our troops fighting overseas in an ef- hesitation in their minds or wonder So what is the President’s role in all fort as significant as this is—the cur- whether they will have the tools they of this? Article II, section 2, of the Con- rent war against radical Islam—as need to successfully perform their mis- stitution says the President is the something that could unite us all as sion while defending themselves and ‘‘Commander in Chief of the Army and Americans, where we might shed party the civilians they are working to pro- Navy of the United States.’’ He has labels and also shed personal political command over the Armed Forces. He tect. ambition. The concept of opposing the war but has the power and authority to deploy I cannot help but notice, as the Sen- supporting our troops seems untenable, troops. He has the power and authority ator from Texas was recounting all of to direct military campaigns during when part of that same plan is one that the various plans that have been pro- wartime. For the Congress to tie the will not allow reinforcements into bat- posed from the other side, that most of President’s hands is not the right thing tle, will not allow the equipment nec- them seemed to come from those la- to do. It is outside the scope of what essary, and has been described as a beled as a Presidential candidate. It the Congress is supposed to do. This is seems everybody tried to have a dif- slow-bleed strategy. That kind of a not the checks and balances intended ferent nuance on yet another micro- strategy accomplishes nothing toward by our Founding Fathers. In a time of managing strategy to satisfy their per- victory, and it does damage our troops, war, the Congress should only support sonal political goals. their morale and their mission. our President, try to unite behind our So how do we serve our national in- Our President is the Commander in troops and unite behind our effort. Our terests best? We should not be fighting Chief. He is the leader of our Nation’s job is not to micromanage the handling a war from the political landscape of military. Congress voted to authorize of a war. Washington. That is a recipe for defeat. the President under the present cir- Another theory that has been ad- We should follow the strategy of Gen- cumstances. Resolutions in Wash- vanced is we should continue to fight eral Petraeus, who is in the field, who ington of all flavors and varieties al-Qaida but not be involved in a civil is the allied commander of our troops might make for good politics, but they war. I have not understood how we can in Iraq, who does believe the current do not make good sense as a military have a strategy in a place that is as strategy we are following is one that policy and a strategy for success. We complex as Iraq is today to fight has a reasonable chance for success. only have one Commander in Chief at a against one set of insurgents and not There is no guarantee, but it has a rea- time. Our Nation only has one Com- against another. We do know that a sonable chance for success. That strat- mander in Chief, and to micromanage chaotic Iraq would be nothing but a egy has now been unfolding for several our troops in the field is not what was haven for al-Qaida. We know that al- days. There has been a change on the ever intended by the constitutional re- Qaida is resurging and reorganizing; ground. It is a strategy I know many sponsibilities that divide the powers our recent intelligence reports indicate forget, but it has multiprongs to it. It within our Government. that. Nothing would be more appealing is not just the military reinforcements My colleague from Texas talked or pleasing to them than to, first of all, over Baghdad and the Iraqi forces tak- about Chairman LEVIN’s comments. He validate their strategy, which is to cre- ing the lead in Baghdad with our sup- made other comments in that inter- ate such an uproar in American poli- port, but it also has a political and an view. This was Sunday on ‘‘Meet The tics through the deaths of our men and economic component. The political Press.’’ He said: women in uniform and to end the re- component—and I had to look for it be- We are trying to tie the hands of the Presi- solve of our Nation so we would not cause it was not on the front page—was dent and his policy. continue to be steadfast in our resolve. that the Iraqi Cabinet approved yester- I will repeat that: This has been their avowed and pro- day an oil-sharing agreement for their We are trying to tie the hands of the Presi- fessed strategy. country, which now goes to the Iraqi dent and his policy. We are trying to change I believe for us to do anything other Parliament for their approval. That is the policy. And if someone wants to call that than continue forward in this hopeful one of the key cornerstones of begin- ‘‘tying the hands’’ instead of changing pol- effort for a victorious outcome would ning to achieve a political settlement— icy, yes, the President needs a check and bal- be nothing short of giving in to al- reaching an accord on the sharing of ance. Qaida’s strategy—their professed strat- oil revenue—so there can be a sense of I don’t think that is a check and bal- egy. There is only one option, which nationhood, so there can be a coming ance that was envisioned by our Con- has to do with the funding of our together of the different factions with- stitution and Founding Fathers—tying troops. I go back to the Gregg resolu- in Iraq. It is a very important compo- the hands of the Commander in Chief tion. Senator GREGG had a resolution, nent of a political settlement. I know in a time of war, while our troops are and it was simply that we would sup- other settlements are being added to deployed and are shedding blood in bat- port our troops. Our troops are in bat- the military and, at the same time, we tle. That is not what our Constitution tle; we are in a time of war. This Con- understand some of those folks we ever intended. gress sent them into battle by allowing would not want to be partners with. Is it appropriate for Congress to tie the President to have the authority to There are elements from the old the hands of the Commander in Chief do so. So at this time, the only resolu- Baathist Army that can be incor- in a time of war? I would say no. I be- tion that I think is appropriate is the porated. Most of these are Sunnis, lieve most Floridians would agree with Gregg resolution, which has been dis- which is leading to a greater sense of that—that this is not the time to tie cussed but not debated on the floor of confidence in the Sunni population. We the hands of the Commander in Chief. the Senate. I look forward to an oppor- see shifting and changing on the Should we keep the Commander in tunity to have a full debate on that ground. We see that al-Sadr is taking a Chief from reinforcing our troops? In resolution. Hopefully, the leadership slightly different approach. He is anti- the judgment of military leaders, such will allow it to come to the floor for a American, but at the same time the as General Petraeus, the reinforce- full debate and a vote. streets of Baghdad seem to be a tad ments are necessary, needed, and they The ACTING PRESIDENT pro tem- quieter. are part of what will give us an oppor- pore. Under the previous order, the

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2242 CONGRESSIONAL RECORD — SENATE February 27, 2007 next 30 minutes will be under the con- and the overwhelming majority of thing else entirely—a holding ground for trol of the majority leader or his des- those of us who oppose the policy, gave physically and psychologically damaged out- ignee. the President every penny he asked for. patients. Almost 700 of them—the majority The Democratic whip is recognized. soldiers, but some Marines—have been re- Our thinking was very clear: Though leased from hospital beds but still need f we may disagree with the policy, we treatment or are awaiting bureaucratic deci- can’t put the burden of what we con- IRAQ sions before being discharged or returned to sider bad policy on the backs of our active duty. Mr. DURBIN. Mr. President, I am soldiers. We cannot shortchange them They suffer from brain injuries, severed glad we are discussing this issue. I am in any way in battle, even if we dis- arms and legs, organ and back damage, and glad we are on the floor of the Senate agree with the battle plan of the Com- various degrees of post-traumatic stress. Their legions have grown so exponentially— to discuss the war in Iraq. I think this mander in Chief. So I voted not for $1 is an issue that is being discussed they outnumber hospital patients at Walter billion, not for $100 billion, but hun- Reed 17 to 1—that they take up every avail- across America—over coffee pots in of- dreds of billions of dollars for this war able bed on post and spill into dozens of fices, in doughnut shops in the morn- that I think is the wrong war. Why? nearby hotels and apartments leased by the ing, at schools, in living rooms, and in Quite simply, if it were my son or Army. The average stay is 10 months, but churches. Everybody is thinking about daughter in uniform in this war risking some have been stuck there for as long as this war, as they should. Those of us his life, I would want him to have ev- two years. who are fortunate enough to live in the Disengaged clerks, unqualified platoon ser- erything necessary to be safe and to geants and overworked case managers fum- safety of America know full well that come back home safely. ble with simple needs: feeding soldiers’ fami- we have over 130,000 of our best and So, yes, we support our troops. lies who are close to poverty, replacing a bravest sons and daughters, brothers Whether we disagree with this foreign uniform ripped off by medics in the desert and sisters, husbands and wives, risk- policy or agree with it, Members of the sand or helping a brain-damaged soldier re- ing their lives at this very moment in Senate support our troops. But one member his next appointment. Iraq. cannot overlook the obvious. When it Here is a quote from Marine SGT I have listened carefully to my col- comes to the support of our troops, it Ryan Groves, 26 years old, an amputee leagues from the other side of the aisle goes way beyond a speech on the floor who lived at Walter Reed for 16 as they have come to the floor, includ- of the Senate. months. Here is what he says: ing the last two, Senator CORNYN of On Sunday, February 18, Dana Priest We’ve done our duty. We fought the war. Texas and Senator MARTINEZ of Flor- and Anne Hull of the Washington Post We came home wounded. Fine. But whoever ida. I have the highest respect for both wrote an article which has seared the the people are back here who are supposed to give us the easy transition should be doing of my colleagues. I count them as conscious of America. It was part of a friends. I work with them on many it. . . . We don’t know what to do. The people series about a military hospital, Walter who are supposed to know don’t have the an- issues. I respectfully disagree with Reed. I visited that hospital many swers. It’s a nonstop process of stalling. them on their views on this war. times to visit our soldiers, marines, Walter Reed Hospital, the crown Senator CORNYN mentioned earlier he airmen, and sailors who were in recov- jewel of medical care for our soldiers felt there should be a consensus among ery. I have been so impressed with the who are giving everything in Iraq. Democrats about what to do with this men and women, the medical profes- So now let’s ask the question: Who is war, that if we have 50 or 51 Members sionals who perform medical miracles working to support our troops? Who is on the floor, we ought to have a point for these men and women who come working at Walter Reed to support our of view. I say to the Senator from home injured from the wars. troops? Rhetoric is easy on the floor of Texas that there are some things we I listen to the soldiers and their fam- the Senate, but for these troops and for agree on, on this side of the aisle. For ilies, and they are so grateful for what the families, it will take more than example, when there was a vote 10 or 11 they have received at Walter Reed. As words of loyalty and respect. days ago on whether we should escalate the article says at one point, Walter I can recall when this debate started. the number of troops we are sending to Reed has always been viewed as ‘‘a sur- As a Senator, I faced the toughest vote Iraq, whether we should follow the gical hospital that shines as the crown any Senator can face—a vote on a war. President’s proposed plan to send any- jewel of military medicine.’’ And so it You know at the end of the day, if you where from 21,000 to 48,000 more sol- should be. Our men and women in uni- go forward with the war, people will diers into harm’s way, 49 of 50 Demo- form who have made the sacrifice de- die—not just the enemy but our brave crats voted no. serve the very best. soldiers, as well as many innocent peo- We were joined by seven Republicans If that were the message of this se- ple. It is the kind of vote that costs who crossed the aisle. Is there a con- ries in the Washington Post, it you sleep, and it should. sensus on the Democratic side on the wouldn’t have been noted or remem- I remember it so well. It was October President’s plan? Yes. And it isn’t just bered by anyone because it would have 11, 2002, within weeks of the election. a consensus on the Democratic side; it been repeating the obvious. But, sadly, We had been subjected to a steady bar- is a consensus across the Nation. this series tells us something different. rage of statements from the President This morning’s Washington Post on Just a few minutes’ drive away from and the administration about why this the front page has the disclosure of an where we are meeting in this Senate war was necessary. We had been told of ABC News poll. Some 53 percent of the Chamber, at Walter Reed Hospital, weapons of mass destruction which not American people think it is time for a there are buildings which are in deplor- only threatened the region but even deadline for withdrawing forces from able condition. There are veterans and threatened the United States. We had Iraq, and an overwhelming majority soldiers who are being treated in ways been told of a ruthless dictator in Sad- think the President’s strategy is that are absolutely unacceptable. Let dam Hussein who had gassed and killed wrong. me quote a few words from this series his own innocent people. We had been To argue that the Democrats don’t in the Washington Post describing one told there was a connection between have a consensus position is not an ac- of the buildings at Walter Reed Hos- Saddam Hussein and the terrible curate statement. It does not reflect pital: events of 9/11 in the United States. We what occurred in a vote that just took had been told even of nuclear weapons place a few days ago. . . . [P]art of the wall is torn and hangs in the air, weighted down with black mold. . . . and the possibility of mushroom- I am also troubled by the continuing Signs of neglect are everywhere: mouse drop- shaped clouds if we didn’t respond, and reference to support of our troops. May pings, belly-up cockroaches, stained carpet, quickly, in Iraq. I put that to rest for just a moment. cheap mattresses. But what we were told turned out not Twenty-three of us in the Senate voted The article goes on to say: to be true. What we were told as the against this war in Iraq—1 Republican reason for the war turned out to be The common perception of Walter Reed is and 22 Democrats. But I will tell you, as a surgical hospital that shines as the wrong. I was a member of the Senate Mr. President, when the President crown jewel of military medicine. But 51⁄2 Intelligence Committee, and I sat be- came and then asked for funds to sup- years of sustained combat have transformed hind closed doors at confidential hear- port our troops in Iraq, this Senator, the venerable 113-acre institution into some- ings and heard disputed evidence about

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2243 statements being made by the adminis- our American soldiers are doing now, Specialist Christopher Boone, 34 years old, tration. I was sworn to secrecy. I house by house, street by street, in this of Augusta, Georgia; Sergeant Richard L. couldn’t walk outside the room and dangerous part of Baghdad, and they Ford, 40 years old, of East Hartford, Con- say: Wait a minute, this morning’s are accompanied by Iraqi policemen. necticut; Specialist Louis Kim, 19 years old, It sounds like a good thing until one of West Covina, California; Staff Sergeant headline about mushroom-shaped David R. Berry, 37 years old, Wichita, Kan- clouds is about nuclear weapons that hears the details. The details are that sas; PFC Travis Buford, 23 years old, Gal- even this administration is not agreed the Iraqi police are preceding Amer- veston, Texas; Staff Sergeant Joshua Hager, on. I couldn’t say it because of my oath ican soldiers to the homes, warning the 29 years old, of Broomfield, Colorado; and of loyalty to make certain I didn’t dis- people in the homes to hide their weap- PFC Rowan D. Walter, 25, of Winnetka, Cali- close classified information. But I ons because the Americans are right fornia. knew when it came time to vote that behind them. We know this because our That is this morning’s list. Sadly, giving the President the authority to translators are telling our soldiers the every morning there is a list. start this war was a bad decision, and Iraqi police are not helping. The Iraqi If there is a sense of impatience on that is why I voted against it. I think police are trying to cover up the insur- this side of the aisle, if there is a sense it was the worst foreign policy decision gents’ tracks. of impatience across this land, it is be- in my time in Congress. It is one that So one wonders why some of us be- cause we know each and every one of will haunt us for years to come. lieve it is time for the American sol- those lives is so valuable to their fami- Iraq has not become the last battle in diers to start to come home? I think it lies and to every single one of us. We the war on terrorism. Sadly, it has be- is past time, it is long overdue. It is want the day to come when soon these come a proving ground, a testing time for the Iraqis to stand up and de- soldiers who are serving us so nobly ground, a preparation place for train- fend their own country, to put their and gallantly in Iraq can come home ing even more terrorists. Those are not lives on the line, the lives of their po- safely to the hero’s welcome they de- my conclusions; those are the conclu- licemen and their soldiers, to make the serve for serving their country so well. sions of our intelligence agencies. political decisions that need to be Those of us who question this policy When I listen to the Members on the made that Iraq can someday stand on are being criticized because we are try- other side say what we need to do in its own. As long as the Iraqis believe ing to micromanage this war. I wish I Iraq is send more Americans into that they can dial 9-1-1 and order up Amer- could. I wish I had the power. I do have battleground, I ask myself: To what ican soldiers to come and stand and the power, as a Senator, to speak up on end? We were asked to do several fight and die in their streets, they will this floor, to appeal to my colleagues things by this President, and we did not accept their own responsibility for to stand up, to ask them on a bipar- them and did them well. We deposed their own future. tisan basis to reach a compromise Those on the other side say give this that dictator, dug him out of a hole in which will start to bring these troops plan a chance. I regret to say we have the ground and held him accountable home. in the courts of his own nation. We given this plan a chance three different It is true we only have one Com- searched high and low for weapons of times. This is the fourth time the Bush mander in Chief, but we also only have administration has proposed sending mass destruction to destroy and could one constitution, and the Constitution more American troops in for a surge to find none. We gave to the Iraqi people makes it clear that the President, de- end the war. I think there is reason to a chance for a free election, something spite all of his power, doesn’t have all be skeptical, particularly when it is at they never had in their history. Our the power in this town or this Nation. the risk of more American lives. soldiers stood guard at the polling Incidentally, when they make ref- His power is shared, shared with the places so the Iraqi people could finally erence to the Iraq Study Group, this bi- American people through their elected have their own voice and their own fu- partisan group headed by former Sec- representatives in Congress, and that ture. We let them choose their own retary of State James Baker and power gives us the authority to stand leaders. We let their leaders form their former Congressman Lee Hamilton, and debate. own Government. We gave them more when they talk about their proposal for Much has been said about Senator opportunities at the cost of American a surge or escalation of troops, they CARL LEVIN, who spoke on a television lives, American blood, and American forget to add the one important or two show, ‘‘Meet the Press,’’ this last Sun- treasure than any nation has ever important elements: That was part of a day. I watched that show, and I given to Iraq in its history. We have surge in diplomacy, something this ad- couldn’t have been prouder of my col- achieved those things. We should be ministration is loath to enter into. league from Michigan. I respect CARL proud of those successes. But, unfortu- See, they believe we should be sitting LEVIN so much. As chairman of the nately, despite all we have done, the down as a nation with nations in the Armed Services Committee, he takes Iraqis have not faced their own polit- region and trying to work out some his job so seriously. I don’t know of a ical responsibilities. After all of the stable resolution to this conflict in more conscientious Member, carefully years, after all of the money, after all Iraq. The Bush administration has been weighing every word of every bill, try- of the training, and all of the time, reluctant to do that, but the study ing to make the right judgment not they still don’t have a police force that group called for it and, yes, they did just for the moment but for the Nation. can stand up and defend the people of call for the possibility of a surge in When he spoke on that bill about reau- Iraq in the streets of Baghdad. If there troops but only if we are bringing our thorizing, about questioning the au- is a threat of terrorism anywhere in troops out as of the end of March in thority given to the President in Octo- the world, it isn’t the army that has 2008. They had a definite timetable for ber of 2002, I think he was right. I know the major responsibility, it is the po- the removal of most American troops what that resolution said. We passed it lice force. from this theater. The other side in October of 2002. It addressed two What do we know of the Iraqi police doesn’t talk about that point, and cer- challenges and two threats that no force in this surge, in this escalation? tainly the President doesn’t either. longer exist. There is no Saddam Hus- The press report over the weekend was One of the Senators came to the floor sein and there were no weapons of mass troubling. We are sending American and said those of us who are critical of destruction. soldiers into the meanest streets and the President’s policy are microman- I think it is appropriate that we ad- toughest neighborhoods of Baghdad aging the war. Somebody needs to dress this issue again and that we try where death is at every corner, death is manage this war. Somebody needs to to decide what we are going to do to at every door. They are searching these manage a war which, as of this morn- move forward; first, revoking any au- houses to try to find the insurgents ing, has claimed 3,154 American lives. thority given in a previous resolution who are causing the civil war. They are We have been losing about three that no longer exists; and, second, looking for weapons. They are looking American soldiers every single day carefully defining the way we will for evidence of these bombs that are while we have been debating this war. bring our troops home, making certain being set off and blowing through our I looked through this morning’s list of we understand the assignments and re- humvees and armored vehicles, killing soldiers, and I watch it on the news- sponsibilities they will have into the and disabling our soldiers. That is what cast, and it is heartbreaking: future.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2244 CONGRESSIONAL RECORD — SENATE February 27, 2007 This is an awesome responsibility to hospitals and we have to ask the hard share one of them. I could give plenty discuss this war, to debate it on the questions about whether the veterans of examples. floor of the Senate, and to do it in a of this war and all of our wars are Many people might be surprised to constructive and positive way. I sin- being treated with the dignity and re- know that not only is Senator KEN- cerely hope my colleagues on the other spect and care they deserve. NEDY a champion of education, but he side of the aisle, those who are loyal to I salute the Washington Post and actually, for over 2 years, took time the President and those who are loyal those who wrote these articles. I am out of what is an extraordinarily busy to the President’s policy, will encour- sure they will receive recognition for and hectic Senate schedule to tutor a age this debate, that they won’t stop us bringing this to our attention. This child, teaching him how to read. How with procedural obstacles, that they will be a clear example and a clear op- would I know this? Because, on occa- will allow the Senate to speak, to de- portunity for those of us who stand on sion, I had the great honor of sitting bate, and to express its will. We have the floor and give speeches about sup- next to him in the library down the tried before unsuccessfully, but we are porting our troops to prove we mean it. street, where I was trying to keep up going to try again. I believe this is an Mr. President, I yield the floor, and I with him and thinking if Senator KEN- extremely important priority, perhaps suggest the absence of a quorum. NEDY can carve an hour out of his the highest we face. The ACTING PRESIDENT pro tem- schedule, certainly I could try to do Having said that, the first bill that is pore. The clerk will call the roll. that as a freshman Senator. Needless likely to come up tomorrow, maybe The legislative clerk proceeded to to say, I could never keep up with the later today, is on the 9/11 Commission call the roll. schedule. But I watched him and ob- recommendations. The 9/11 Commis- Ms. LANDRIEU. Mr. President, I ask served him one-on-one with a child no sion, my colleagues will recall, was an unanimous consent that the order for more than 10 years old, patiently effort to assess America’s vulnerabili- the quorum call be rescinded. teaching him how to read. The next ties after the attack on 9/11. That com- The PRESIDING OFFICER (Mr. year it was a little girl. mission published a report that was CASEY). Without objection, it is so or- One particular day, he even had the widely read and applauded because of dered. foresight or kindness to bring his pet the leadership of Republican Governor Ms. LANDRIEU. Mr. President, I ask bunny from home. He has many pets— Kean of New Jersey and Congressman unanimous consent to speak in morn- Splash the dog, being one, and Sonny. Lee Hamilton, a Democrat of Indiana. ing business for up to 10 minutes. He brought his pet rabbit to the school, They cochaired a panel, a very distin- The PRESIDING OFFICER. Without to the joy of the children perhaps to guished bipartisan panel, which came objection, it is so ordered. encourage them to read about animals, up with recommendations to make f which is a good way to get kids inter- America safer. ested in reading, to actually show SENATOR KENNEDY’S 75TH Some several years later, we have them. He knew this instinctively. BIRTHDAY not lived up to their recommendations Maybe that is because of the family he and we haven’t carried out their agen- Ms. LANDRIEU. Mr. President, I is from or because of the kind of guy he da. There is much we can do to make come to the floor today to join many of is. He is an extraordinary and a very this country safer and we want to move our colleagues in honoring one of our different kind of Senator. I have been immediately to considering their rec- colleagues who celebrated a very spe- inspired by him, and I am confident our ommendations and implementing cial birthday last week; Senator KEN- colleagues have been as well. them, whether it is port security, NEDY from Massachusetts turned 75. He I also wish to acknowledge the tre- whether it is a communication system was congratulated and applauded and mendous partner he has in Victoria in Illinois or other States that allows heralded throughout these last few Reggie Kennedy, a daughter of Lou- the police, firefighters, first respond- days on that milestone. I have come to isiana. I have watched this couple grow ers, and the medical community to the floor to give a few brief remarks in in love and support of one another. I communicate quickly in the midst of honor of this tremendous achievement think they are a model for couples who an emergency, whether it is a matter because it has been 75 years well lived, are in public office. We could not find a of mass evacuation drills, which I have in dedication to this country. better couple, in terms of their com- been asking for and which are included He has been an inspiration to me and mitment to each other, to this body, to in this legislation. There are many to many of us in the Senate. His en- the Nation, and to the State of Massa- things we can do, and specific things. ergy, his commitment to his work, his chusetts and, when they have extra There are many who think we should constant thinking about new ap- time, to Louisiana. That was brought move immediately to the debate on the proaches and innovation is a testament home when we experienced the last two war. We are only going to postpone it to his presence and his service in the hurricanes, Katrina and Rita. As you long enough to discuss these 9/11 Com- Senate. know, they struck our State in the lat- mission recommendations. The fami- I also wish to acknowledge that, at ter part of the year 2005. lies of the survivors of 9/11 have ap- first, coming to the Senate I felt very These storms were of historic propor- pealed to us to make this a high pri- close to the Senator. Mr. President, tion. It was hard to describe the dam- ority. For that reason, and for that you would appreciate this because you age—which I still struggle with trying reason only, we may set aside the Iraq are from a large Catholic family your- to describe to this body. But there was debate for a few days but not indefi- self. Senator KENNEDY was raised some one Senator to whom I did not have to nitely. This debate needs to take place years before I was but in a similar kind take too long to describe the damage, for the very simple reason that as we of situation, in a large and loving and that was Senator KENNEDY, who debate on the floor of the Senate, un- Catholic family, with strong parents got it immediately, perhaps because he fortunately, our sons and daughters are and a real focus on community service has walked through south Louisiana still in peril in Iraq. They are still and service to the family. That is ap- with Vicki Reggie, his wife; perhaps he caught in the crossfire of a civil war, parent in his work. His Catholic up- just has a big heart and great mind and we are still losing too many good bringing and his deep religious beliefs that can grasp situations fairly quick- American lives every single day be- are reflected in the teachings of the ly; and perhaps because he leans for- cause of this confrontation taking Catholic Church, about thinking not of ward always in his ability and his de- place in Iraq. yourself but of others, of service, of sire to help people in need. He didn’t In the meantime, we will be stepping sacrifice. Many people talk about reli- need the situation to be explained to forward to do something about Walter gious values, and I am getting some- him. He understood. Reed Hospital, but we won’t stop there. what skeptical the more I hear people Not only did he help us pass one of Walter Reed has to meet its obligation talk. I am never skeptical of Senator the most extraordinary pieces of legis- not just for inpatients, where they do a KENNEDY because he actually lives the lation in that whole confusing time of magnificent, an excellent job, but for values he preaches. Sometimes some of the first 6 months when we didn’t know those who are outpatients as well. We the greatest things I see him do are not what levees had broken, where they have to take this issue to the veterans evident to the camera. I would like to had broken, whose they were, whose

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2245 fault it was, and everyone was blaming cation, Dr. Cecil Picard. Cecil Picard have truly lost someone who, in my everyone, but Senator KENNEDY fo- died prematurely of Lou Gehrig’s dis- lifetime, probably cannot be replaced. cused on getting 330,000 children into ease, but he died in the arms of his lov- Hopefully, another Cecil Picard will school, and he focused on getting them ing wife of many years, surrounded by come along, but they are few and far into the best school, any school, that his children and his grandchildren. between. would take them. We knew for a time—and he knew, of So I wanted to say on behalf of the He passed legislation I think will course—that the disease that he had 4.5 million people I represent—and I serve this country significantly and been diagnosed with 2 years earlier was can say this without fear of being con- powerfully in the decades to come. If going to be fatal. Although he fought it tradicted—that he will be missed, but any major catastrophe, whether man- bravely and courageously, it took his his legacy will be long remembered, made or natural, hits our country life last week. not only in our hearts and minds but in again, at least the families with chil- My husband, Frank Snellings, served the way people live. His legacy will be dren from K through 12 and the chil- on the board of elementary and sec- reflected in their life, in their produc- dren who are in those grades will know ondary education, and I want to say tivity, and their contributions to our they have a champion in Senator KEN- publicly what an inspiration Dr. Picard State and to our Nation. NEDY, who was not in the majority, but was to us, to our family but, more im- I yield the floor and suggest the ab- with Senator ENZI as chairman of the portantly, what an outstanding leader sence of a quorum. Education Committee and with a group he was in the area of education reform The PRESIDING OFFICER. The of us who were committed to being in a State that he loved, a community clerk will call the roll. their helpers, we passed an extraor- which he loved and in which he served The assistant legislative clerk pro- dinary piece of legislation that, with 1 as a teacher, principal, superintendent, ceeded to call the roll. million people having been evacuated and then as superintendent of edu- Ms. LANDRIEU. Mr. President, I ask from their homes, 250,000 homes de- cation of our State. unanimous consent that the order for stroyed, hundreds of schools, hospitals His passion and commitment to early the quorum call be rescinded. closed, literally within a few weeks, childhood education was contagious. In The PRESIDING OFFICER. Without children were, for the most part, safely fact, in the last several years of my objection, it is so ordered. knowing Dr. Picard, I never had a con- ensconced. Even those who found them- f selves in shelters for weeks and months versation with him when he did not at times were allowed and encouraged mention this subject to me. He would RECESS and welcomed into schools because of say: Senator, when is the next meeting The PRESIDING OFFICER. Under legislation that Senator KENNEDY with the Department of Education? the previous order, the Senate will passed. Senator, do the other Senators under- stand in recess until the hour of 2:15 In addition to showing up on this stand how important early childhood is p.m. today. floor day after day fighting for that to this country? Do they really under- Thereupon, the Senate, at 12:24 p.m., legislation and fighting against the ex- stand that without this, our children recessed until 2:18 p.m. and reassem- tremes who wanted to turn it into a po- will never be ready to learn and will bled when called to order by the Pre- litical football and vouchers, he held never be able to access the great bene- siding Officer (Mr. CARPER). steady to allow children to go to public fits of the education infrastructure schools or Catholic schools—to allow that we put together for them? Don’t f children from Catholic schools to go to they understand? UNANIMOUS-CONSENT public schools and children from public I would say to him: Cecil, unfortu- AGREEMENT—S. 184 nately, they don’t understand it the schools to Catholic schools, which The PRESIDING OFFICER. The Sen- way you do. If everybody in this coun- seems simple, but at the time it ator from New Mexico. try had your passion and intellectual wasn’t—he personally delivered to our Mr. BINGAMAN. Mr. President, I ask grasp of early childhood education, we office some nourishment and encour- unanimous consent to withdraw the re- would not be so grossly underfunded. agement to my staff who were over- quest to proceed to S. 184. Because of his work in Louisiana, we worked and under tremendous stress The PRESIDING OFFICER. Without now have—and it is his legacy—LA4, and didn’t call me to let me know he objection, it is so ordered. was coming, didn’t call the news media Louisiana 4, which the majority—not to make sure they saw him bringing all, not because of his lack of trying— f these things, but just showed up. To me our 4-year-olds in Louisiana are almost IMPROVING AMERICA’S SECURITY and to my staff, that meant the world. covered for early childhood opportuni- BY IMPLEMENTING UNFINISHED I thank him for his great service to ties. So when they show up and knock RECOMMENDATIONS OF THE 9/11 this country on his 75th birthday. I will at that kindergarten door and that COMMISSION ACT OF 2007—MO- submit a lot more for the public record teacher welcomes them with open TION TO PROCEED because his legislative achievements arms, those children can sit down at are quite long. Since they are well that desk or at that table and open a CLOTURE MOTION known, I thought I would add some book and begin to really grasp and un- Mr. BINGAMAN. Mr. President, I points people might not know about derstand the letters and the meanings now move to proceed to S. 4 and send a this extraordinary public servant and of words because they have been taught cloture motion to the desk for consid- Senator who turned 75. I only wish up to that point how to get their edu- eration. medicine would keep up with us so that cation started. The PRESIDING OFFICER. The clo- he could serve another 75. That is un- Of course, learning those early lan- ture motion having been presented likely, but I am sure in the final years, guage symbols and numbers and social under rule XXII, the Chair directs the in the final chapters of his life, he will interaction is so important in those clerk to read the motion. continue extraordinary service and will early years. Cecil knew this. His life The assistant legislative clerk read probably go down in history as one of was committed to education, to being a as follows: the finest Senators to ever serve in this leader and an advocate for children, a CLOTURE MOTION body. champion for the profession of teach- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the f ing, with his enthusiasm and ability as a legislator, which is where I met him Standing Rules of the Senate, hereby move TRIBUTE TO DR. CECIL J. PICARD as a State senator and as a legislator to bring to a close the debate on the motion Ms. LANDRIEU. Mr. President, my before he was a superintendent. to proceed to S. 4, a bill to implement rec- ommendations of the 9/11 Commission. remarks about Senator KENNEDY were So as a father, a grandfather, a Joe Lieberman, Russell D. Feingold, Ben for a happy occasion, but this is on a coach, a teacher, a principal, a senator, Cardin, Robert P. Casey, Jr., Byron L. sad occasion. Last week—very close, and as an education advocate, we can- Dorgan, Amy Klobuchar, Daniel K. actually, around the Senator’s birth- not say strongly enough in Louisiana Akaka, Maria Cantwell, John Kerry, day—we lost our superintendent of edu- that we have truly lost a champion. We Ken Salazar, Ben Nelson, Carl Levin,

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2246 CONGRESSIONAL RECORD — SENATE February 27, 2007 Jack Reed, Chuck Schumer, Jeff Binga- Is it a perfect piece of work? No. We mented the most sweeping changes in man, Barbara Boxer, Dick Durbin, expect that many of our colleagues will our intelligence community in more Mark Pryor. look at different parts of the bill and than 50 years. Mr. BINGAMAN. Mr. President, I ask will want to offer amendments. That is More recently, in the last Congress, unanimous consent that the cloture the nature of this process, and we look we passed measures that greatly vote occur at 2:30 p.m., with the time forward to a good, healthy debate. strengthened protections for America’s between now and then equally divided, There is a sense of urgency, however. cargo ports and chemical facilities— and that the live quorum be waived. We are talking about homeland secu- again addressing vulnerabilities high- The PRESIDING OFFICER. Without rity. We are talking about continuing lighted in the Commission report. We objection, it is so ordered. to raise our guard against the terror- also approved an overhaul and reform Mr. BINGAMAN. Mr. President, I ists who attacked us on September of FEMA that will help improve our suggest the absence of a quorum, with 11th, 2001 and who we know are plan- emergency response and prepared nego- the quorum being equally charged to ning and intending to attack us again tiation, whether it is through terrorist both sides. in this most unconventional and deadly attack or a natural disaster. The PRESIDING OFFICER. Without warfare on behalf of a totalitarian ide- As reported by the Homeland Secu- objection, the clerk will call the roll. ology, radical Islam, which threatens rity Committee, S. 4 builds upon these The assistant legislative clerk pro- us as much as the totalitarian past successes. It would authorize a ceeded to call the roll. ideologies we defeated in the last cen- comprehensive homeland security Mr. LIEBERMAN. Mr. President, I tury. Together, both here at home and grant program that includes four vital ask unanimous consent that the order throughout the world, we will defeat programs to assist State, local, and for the quorum call be rescinded. this threat. tribal governments in safeguarding our The PRESIDING OFFICER. Without I wish to indicate that most of the lives and property. Our approach to objection, it is so ordered. bill before us, S. 4, came out of the this bill reflects our belief that home- Mr. LIEBERMAN. Mr. President, I Homeland Security and Governmental land security is a partnership and that rise to speak in favor of cloture on the Affairs Committee. There are other our State and local partners are vital upcoming vote on S. 4, which is the bill parts that came out of the Commerce to accomplishing this goal. relating to the 9/11 Commission imple- and Banking Committees, and they, in I will have much more to say about mentation. the ongoing process, will be blended this bill as the debate proceeds. I will I just saw, as I came into the Senate with our bill. reserve the remainder of my time, if Chamber, outside in the reception I hope all of the Members of the Sen- any does remain, and I urge my col- room a handful of people whom I would ate will vote for cloture so we can pro- leagues to vote to invoke cloture on call American heroes. These are women ceed to the debate, consider the amend- the motion to proceed to this impor- who lost loved ones on September 11, ments, get the bill passed, meet with tant bill. 2001, when terrorists brutally attacked the House in conference, and get a good As always, it has been a great pleas- innocent Americans here on our shores, bill to the President to sign that will ure to work with the committee chair- in our homeland. They have taken build on the security enhancements we man and others, including the Pre- their grief and worked very hard with have achieved since that dark day of siding Officer. many of us here, first to get the Con- 9/11. The PRESIDING OFFICER. Who gress and the administration to agree Mr. President, I thank the Chair, and yields time? on the 9/11 Commission and then, when I yield the floor. Mr. LIEBERMAN. Mr. President, I that Commission came in with its ex- The PRESIDING OFFICER. The Sen- yield back all the remaining time, and traordinary findings and report, ator from Maine. I ask for a vote. worked with us to see that legislation Ms. COLLINS. Mr. President, I rise in The PRESIDING OFFICER. The Sen- was passed which would implement so support of invoking cloture on the mo- ator from Maine. many of its recommendations. That tion to proceed to S. 4, the Improving Ms. COLLINS. I yield back the re- was a remarkable bipartisan achieve- America’s Security Act of 2007. This maining time on this side. ment which I believe has made our Na- legislation will strengthen our home- The PRESIDING OFFICER. All time tion safer from terrorist attack but not land security and will do so in the spir- is yielded back. as safe as we need to be. it that shaped the recommendations of Without objection, the cloture mo- In the time that followed, the 9/11 the 9/11 Commission. tion on the motion to proceed to S. 184 Commissioners themselves asked us to I have worked very closely with the is vitiated. come back and implement the committee’s chairman, Senator LIE- CLOTURE MOTION unimplemented parts of their original BERMAN, as well as with the Presiding The PRESIDING OFFICER. Under report or to go back and take another Officer, a valued member of the com- the previous order, pursuant to rule look at the parts they believed and we mittee, and with all of our committee XXII, the Chair lays before the Senate believed were not adequately imple- members to shape this important legis- the motion to invoke cloture, which mented or funded, such as homeland se- lation. Indeed, the committee voted the clerk will report. curity grants or money for interoper- unanimously on February 15 to report The assistant legislative clerk read able communication systems that in a this bill. The bill before the Senate as follows: time of emergency, after a terrorist at- now is the product of careful collabora- CLOTURE MOTION tack or a natural disaster, enable our tion among the members of our com- We, the undersigned Senators, in accord- first responders to speak to each other mittee, State, local, and tribal govern- ance with the provisions of rule XXII of the in order to adequately and promptly ments, emergency response providers, Standing Rules of the Senate, hereby move protect us. the private sector, the administration, to bring to a close the debate on the motion These women who are outside the and other stakeholders. It has produced to proceed to S. 4, a bill to implement rec- Chamber, whom I saw as I came in, are legislation that builds on the earlier ommendations of the 9/11 Commission. here today to persuade the Senate to work of the Committee on Homeland Joe Lieberman, Russell D. Feingold, Ben Cardin, Robert P. Casey, Jr., Byron L. begin debate on legislation to fulfill Security over the last 3 years. Dorgan, Amy Klobuchar, Daniel K. the recommendations made by the 9/11 During that time, the committee has Akaka, Maria Cantwell, John Kerry, Commission. The legislation, S. 4, produced numerous pieces of legisla- Ken Salazar, Ben Nelson, Carl Levin, came out of our committee, and it was tion implementing the recommenda- Jack Reed, Chuck Schumer, Jeff Binga- an honor and a pleasure, as always, to tions of the 9/11 Commission and other- man, Barbara Boxer, Dick Durbin, work with Senator COLLINS. The bill wise strengthening our homeland secu- Mark Pryor. passed our committee with 16 votes in rity. In the Intelligence Reform and The PRESIDING OFFICER. By unan- the affirmative and one abstention. It Terrorism Prevention Act of 2004, Con- imous consent, the mandatory quorum is a very significant, solid piece of gress enacted many significant meas- call has been waived. work and will make America and the ures to achieve the goals of the 9/11 The question is, Is it the sense of the American people even safer. Commission. In fact, that bill imple- Senate that debate on the motion to

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2247 proceed to S. 4, a bill improving Amer- the Senate, Democrat and Republican, ple on the streets of Baghdad he was ica’s security by implementing unfin- were able to make this trip, and I want seeing something new, and he said it ished recommendations of the 9/11 to report primarily on what we found was an attitude that this time things Commission Act of 2007, shall be when we went to Iraq. are different; that there is an oppor- brought to a close? I will start by saying we were in tunity here for success, for a plan to The yeas and nays are mandatory Israel the same day Secretary Rice met succeed, where it didn’t exist before. It under the rule. with Prime Minister Ehud Olmert and is not simply because of greater Amer- The clerk will call the roll. Palestinian President Mahmoud Abbas, ican presence, it is also because the The assistant legislative clerk called and so we had an opportunity to speak Iraqis are beginning to do things dif- the roll. with a lot of leaders in Israel as well ferently than they had done in the Mr. DURBIN. I announce that the about the status of the negotiations past. Senator from Delaware (Mr. BIDEN), that had been thought to proceed Whereas some people call this a troop the Senator from Connecticut (Mr. there, but with Hamas now likely being surge, I think it is important to note DODD), and the Senator from South Da- a part of the Palestinian Government there are many other factors involved kota (Mr. JOHNSON) are necessarily ab- they are likely going to come to a halt. in addition to the addition of Iraqi and sent. This is most unfortunate. American troops. For example, the The PRESIDING OFFICER. Are there Obviously, neither Israel nor the Iraqis are now going to be much more any other Senators in the Chamber de- United States can have direct dealings involved in maintaining control of an siring to vote? with a government which is dominated area after it has been secured. Some- The yeas and nays resulted—yeas 97, by a faction that refuses to recognize times in the past the Iraqi or American nays 0, as follows: Israel’s right to exist or renounce ter- troops would take an area, would clear [Rollcall Vote No. 53 Leg.] rorism or agree to previous Palestinian it of terrorists or militias, only to have YEAS—97 agreements. This will complicate the those people infiltrate back when we Akaka Durbin Mikulski process of reaching a permanent accord left. Clearly, an Iraqi presence must be Alexander Ensign Murkowski that the people in the Palestinian maintained in order for stability to be Allard Enzi Murray areas particularly want to have and Baucus Feingold preserved, and that is what we are now Nelson (FL) the people of Israel also want to have Bayh Feinstein Nelson (NE) beginning to see. Bennett Graham Obama in order to bring violence to a close The Iraqi Shiite death squads and mi- Bingaman Grassley Pryor against them. litia activity have gone way down. Bond Gregg Reed So, unfortunately, the news out of Boxer Hagel Reid Again, this is, we believe, partially be- Brown Harkin Israel is pretty much the same as it Roberts cause of some things the Iraqi Govern- Brownback Hatch has been year after year after year Rockefeller ment has done, rounding up about 600 Bunning Hutchison after year: Israel simply does not have Burr Inhofe Salazar of the Shiite troublemakers and work- Byrd Inouye Sanders a partner for peace at this time. Obvi- ing with the people in places such as Schumer Cantwell Isakson ously, Secretary of State Rice is con- Sadr City to persuade them it is better Cardin Kennedy Sessions tinuing to pursue the situation as best to not resist control by the Iraqi Army Carper Kerry Shelby she can to try to help the Israelis Casey Klobuchar Smith than it would be to fight. These are Chambliss Kohl Snowe achieve that situation. positive signs, but they are certainly Clinton Kyl With regard to the Iraq situation, I Specter not an end of the problems. Coburn Landrieu Stabenow took away three primary points from Cochran Lautenberg There are little things that are being Stevens our visit, and I want to discuss them Coleman Leahy Sununu done, for example, to prevent car briefly. The first is that after having Collins Levin Tester bombs from going into marketplaces Conrad Lieberman talked to our commanders on the Thomas and blowing up a lot of people. They Corker Lincoln Thune ground, General Petraeus and General Cornyn Lott Vitter are beginning now to create what are Craig Lugar Odierno, and a variety of other general Voinovich in effect pedestrian malls such as we Crapo Martinez officers as well as troops of other rank, Warner have in the United States, where vehi- DeMint McCain and Iraqi leaders, there is a sense of Dole McCaskill Webb cles are not permitted. It might still be cautious optimism about the new plan Domenici McConnell Whitehouse possible for a single suicide bomber to Wyden that has been announced and, in fact, Dorgan Menendez go into a market and cause destruction is already being implemented. Our NOT VOTING—3 but certainly not as much as a car troops have begun to arrive, Iraqi Biden Dodd Johnson bomb. troops arriving in greater numbers The PRESIDING OFFICER. On this than before, primarily in the city of The point is, from a military tactical vote, the yeas are 97, the nays are 0. Baghdad, and a new military strategy standpoint, the rules of engagement, Three-fifths of the Senators duly cho- and a political, economic, and diplo- the activities of the Iraqis, as well as sen and sworn having voted in the af- matic strategy has begun to play out. what the United States is doing, all are firmative, the motion is agreed to. Early signs are encouraging, though working together to consolidate the Mr. DURBIN. Mr. President, if no one everyone cautioned that there will be gains that have been made there and to is seeking the floor, I suggest the ab- signs of progress, because they think it preserve them. sence of a quorum. is a plan that can succeed, but there There is also a diplomatic, economic, The PRESIDING OFFICER. The will also be bad days. and political aspect. The newly an- clerk will call the roll. Nobody should declare victory simply nounced legislation to distribute the The assistant legislative clerk pro- because things seem to be going well oil revenues of the nation to the people ceeded to call the roll. for a while. An illustration of this is of the country is a very important po- Mr. KYL. Madam President, I ask for about 3 days prior to our arrival litical step that will give the people of unanimous consent that the order for there had been no major incidences of Iraq more confidence in their Govern- the quorum call be rescinded. violence in the city of Baghdad, yet ment. This was mentioned by our Am- The PRESIDING OFFICER (Mrs. they were not willing to applaud that bassador Khalilzad when we were there. McCASKILL). Without objection, it is too loudly. Good thing, because as we So from the military standpoint there so ordered. were leaving the country, a couple of are some signs this is already begin- TRIP TO IRAQ car bombs exploded. Clearly, it will be ning to work, and I certainly hope our Mr. KYL. Madam President, a col- a matter of progress that is not nec- colleagues here in the Congress will do league of mine asked a little earlier if essarily obvious and certainly will take their best to allow this plan to work. I would give a brief report of a trip to a while to achieve. That brings me to the second point. Iraq, from which I just returned, and I Nonetheless, progress is possible this Our commanders, both in Kuwait and thought I would take this time to do time because things are now different. Iraq, were very clear that it was impor- that. Several of my colleagues, both In fact, the Deputy Prime Minister of tant the Congress pass the supple- from the House of Representatives and Iraq told us that in his visits with peo- mental appropriations bill to provide

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2248 CONGRESSIONAL RECORD — SENATE February 27, 2007 the necessary equipment and reinforce- that were we to pass legislation that is the moment for a pause over on this ments and not to tie down the tactics would undercut their ability to per- side for what I have called a truce in of the people on the ground. They are form their mission as they see it, clear- the political war here about the war in very concerned that we will somehow ly that situation could change, and Iraq. put limits on the kind of equipment this bothers our troops. It certainly, I Let’s give General Petraeus and his that goes into theater or the number of think, would have the effect of causing troops an opportunity to make this troops or where the troops go or how our enemies to ask whether we have work. If, God forbid, they don’t, then they are deployed. Clearly, Congress the will to see this through. As General there will be plenty of time for amend- should not be trying to micromanage a Petraeus said, this is all about a test of ments and resolutions and all the rest war, and I hope my colleagues who will. Secretary Gates, I believe, and because between now and then—Gen- have discussed that in some prelimi- General Petraeus said it as well—in eral Petraeus said to us, when he was this war, it is a test of wills, and the nary way will see the detriment to here before the Armed Services Com- United States has to make it clear we such an action and will not offer reso- mittee, that by the summer he would have the will to see it through. lutions that would change the way have an idea, based on some evidence, these commanders are able to do their From our perspective as legislators, we can take the example of the young of whether the new plan was working, job. This is something specifically that and he would report to us. He will General Petraeus asked of us. men and women whom we put in harm’s way to achieve a message. The begin to report quite soon, I think, on The third and final point is the Ira- what he is seeing. nian influence in Iraq cannot be denied. example I take from them is they have Since I don’t see that there is any- It is true, I cannot read Farsi, the lan- the will. They understand what is at thing that will pass both Houses, cer- guage of Iran. On the other hand, when stake. They are proud of what they are tainly nothing that will pass both General Odierno holds up an item, one doing, and they want us to help them achieve the mission. I think that is the Houses and be signed by the President of those explosive devices, and says, in least we can do under these cir- to try to block the carrying out of this Farsi this says ‘‘made in Iran,’’ I can’t cumstances. I hope my colleagues, as new strategy, then I think everybody verify that, but I believe General we debate in the ensuing days, will would gain if we just did something Odierno. He pointed to batch and serial keep in mind what these folks in Iraq that doesn’t come naturally to us, numbers on a variety of other weap- who are on the ground looking at this which is to remain silent for a while— onry and said, this can all be traced every day have to say about the situa- particularly if the sound and the fury back to Iran. tion and that we won’t do anything to We are clearly in a situation where will ultimately accomplish nothing be- undercut them but that we will do ev- we must make it crystal clear to the tween now and then. erything in our power to support their Iranian leaders this will not be toler- I thank my friend from Arizona. mission. ated. We have a right to protect our Mr. LIEBERMAN. Madam President, Madam President, I rise to speak troops in Iraq and their interference I rise to speak about S. 4, but I thank about S. 4. I thank my colleagues for will be intolerable. We have to find a my friend and colleague from Arizona, voting overwhelmingly to invoke clo- way to get the Iranians to back off of Senator KYL, for his report. It was very ture on S. 4. The bill, if I understand that. interesting for me to hear, and he will the state of parliamentary play now, Those were three of the key impres- probably not be surprised to hear I was actually will not be formally before the sions we took from our trip to Iraq, and both encouraged and in agreement with Senate for debate and amendments I think it boils down to this: Some of a lot of what he had to say. I particu- until tomorrow morning. But I thought our colleagues like to point to the larly heard that Senator KYL found in I might expedite the matter—because Baker-Hamilton report and say that is the field the first reactions to the im- this is a big bill, it is an important bill, what we should be doing instead of plementation of the new plan for Iraq there will be many amendments; I what we are doing. Remember what have been encouraging. We all under- think we will be on it several days—if Lee Hamilton said in testimony before stand it is early, but it conforms with I came over and offered my opening the Senate not too long ago. He said, what I have heard from people I have statement on the bill today. I believe the President’s announced strategy spoken to from Iraq, in that particu- Senator COLLINS, the ranking Repub- should be given a chance to succeed. He larly in the neighborhoods in which the lican member on the committee, may specifically said, give it a chance to joint United States-Iraqi security intend, as her schedule allows, to do succeed. forces have established dominance in the same. I think there was some discussion of Baghdad, there has been a remarkable Incidentally, Senator COLLINS and I elements of the study commission’s and significant drop in the sectarian have—what was for me an honor— recommendations, such as a temporary violence via death squads. Obviously, it worked very closely together on this troop surge, which is not inconsistent is still possible, if someone is crazy bill to bring it out of committee. I am with what we are now doing. That is enough to be prepared to blow them- very pleased the final vote was across what I think we should do, give this selves up in a car in a crowd, that the party lines: 16 in favor, 1 abstention. plan a chance to succeed. Our troops in bombings will occur, but I appreciate So we bring the bill to the floor with a theater, our commanders, and the Iraqi that encouragement. real sense of bipartisanship. leaders all believe they can see early I also agree with Senator KYL that The bill represents the hard work of signs of success in this program, even both Houses of Congress spoke on these the membership of the Homeland Secu- though it has just begun, and they are nonbinding resolutions. My colleague rity and Governmental Affairs Com- cautiously optimistic that it can suc- and I were both against them. So I sup- mittee and includes provisions that are ceed. I think it would be unconscion- pose what it shows is at this point in the jurisdictions of other key com- able for the Congress, seeing the begin- there is a majority in both Chambers, nings of success here, to then act in although not 60 votes here, that is pre- mittees as well, particularly Commerce any way that would pull the rug out pared to say in a nonbinding resolution and Banking, during which occasions from under our troops and make it im- they don’t support the new plan, which Senator INOUYE and Senator DODD may exercise their right, with my encour- possible for them to achieve their mis- Senator KYL and I would say is a new sion. plan to achieve success in Iraq, but agement, to manage those parts of the I deliberately did not raise the ques- that there clearly, in my opinion, are debate. tion of the debate back here in Wash- not the votes, not a majority in either I thank the majority leader, Senator ington with the troops I met, but they Chamber, to do anything else, and cer- REID, for working with all of the com- raised it with me. They can see what is tainly not to cut off funding for the mittees that have contributed to this going on. They watch television. They new plan, which is the specific author- effort in bringing before the Senate are very well aware of what is being de- ity Congress is given in the Constitu- this comprehensive legislation that I bated here. They are proud of what tion. am convinced will make our country they are accomplishing. Their morale So I want to echo what I heard Sen- safer. I look forward to working in the is high. Yet I submit to my colleagues ator KYL say, which is that I think this days ahead with my colleagues on both

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2249 sides of the aisle to move the legisla- from around the country, around the designed generations ago for a world that no tion through the Senate, into con- world, and cooperating with one an- longer exists. ference committee, and then ulti- other to protect our security. We man- This bill that we will begin consid- mately to the President’s desk for sig- dated in the 2004 legislation the devel- ering in the Senate tomorrow con- nature. opment of an information sharing envi- tinues the process of securing our Na- September 11, 2001, shocked us. It was ronment to facilitate the sharing of na- tion in this new era where our enemies a tragedy of unspeakable proportions tional-security-related information don’t wear the uniforms of soldiers or and human loss. It showed us, in that among the different branches and agen- follow any traditional laws of combat loss, how we had suffered from what cies of the Federal Government and but, rather, move silently among us, the 9/11 Commission itself called a fail- also to make sure that the Federal, probing for weaknesses while plotting ure of imagination. By that they State, and local governments were co- attacks on innocent civilians. meant an inability to imagine that operating. When you think about it, This bill will strengthen our ability there were people in the world who State and local first responders are not to respond to not just terrorist attacks would do something this outrageously just first responders, they have the but also preparing our Federal, State, inhuman, striking buildings, symbols ability, with the hundreds of thousands and local governments to better re- of America, but without regard to the of eyes and ears that they bring to law spond to natural disasters. We are try- diversity of human beings in those enforcement, to be also first pre- ing to create an attitude in this bill, an buildings and the lives that they were venters. That was a goal of the infor- ‘‘all hazards’’ attitude that increases leading. mation sharing environment we estab- our homeland security against the Someone said that on 9/11 the terror- lished. threat of terrorist attack, but also, in ists showed that they hate us more In the 2004 legislation we made sig- doing so, prepares our Government to than they love their own lives. That nificant improvements to border and respond better to natural disasters—of awakened us to our vulnerability and transportation security, focusing on course, thinking now of the extent to brought us into a new age. aviation security, of course; building which our Government at all levels I spoke, when I spoke on behalf of on legislation passed in the immediate showed that it was incapable of re- cloture, of the families of those we lost aftermath of 9/11, because of our obvi- sponding adequately during Hurricane on 9/11 who have been persistent and ous anger that the existing systems of Katrina. honorable and inspiring advocates for our aviation structure were used to at- Let me now discuss some of the im- closing the vulnerabilities that com- tack the American people directly. portant provisions in the bill. The first promised and ended the lives of so This is only a partial list of some of I want to talk about is information many of their loved ones. They fought the significant achievements that re- sharing. The 9/11 Report showed us that with us on behalf of the bill that Sen- sulted from that legislation that I am the different agencies had different ator MCCAIN and I introduced to create convinced improved our Nation’s intel- pieces of information that should have the 9/11 Commission. They then worked ligence capability and the security of aroused suspicion about the attack very hard to advocate for the rec- the American people at home. But we that came on 9/11, but because those ommendations of the 9/11 Commission. know from ongoing congressional over- pieces were never pulled together, They deserve a lot of credit, as do a lot sight, from the work of the members of there was no way to assemble that of other people in Congress and in the the 9/11 Commission who continued to monstrous mosaic and to see the full administration, for the passage of the be focused on our homeland security, picture it created so as to be able to 2004 intelligence reform legislation and from common sense, that there is stop it. One of the most important in- that adopted so many of the rec- more to be done. Senator REID made novations since 9/11 is the establish- ommendations of the 9/11 Commission. adoption of this 9/11 implementation ment of fusion centers to share infor- In that bill we created a strong Di- legislation a priority for this Congress. mation within and between States. rector of National Intelligence to forge At a hearing in January that I was This legislation would improve the cru- greater unity of effort among our intel- privileged to call as the new chairman cial sharing of intelligence and infor- ligence agencies as they moved forward of our committee, Homeland Security, mation both within the Federal Gov- to inform us about the plans and ac- 9/11 Commissioners and family mem- ernment and with State, local, and tivities and intentions of our enemies, bers of 9/11 victims urged us to go for- tribal governments, as well as creating to stop them before they strike us ward and finish the job that we started standards for those State, local, and re- again. with the 2004 legislation: to implement gional fusion centers that will be tied There are many reasons on this day parts of the report that were to the allocation of homeland security we can be grateful that America has unimplemented by that legislation and grants. not been the victim of terrorist acts to go back and look at some things While preserving the authority of again. Some of it is just plain good for- that were not quite working right or State and local governments over fu- tune. Some of it, however, I think is were not fully implemented and see if sion centers, this legislation, S. 4, re- the work of the agencies created by the we could do a better job to close some quires DHS, the Department of Home- 9/11 legislation in 2004. Some of it is, of the gaps that we left after 2004. land Security, to provide essential ele- without doubt, a result of the grace of Some of the important Commission ments of support and coordination to God. We created in that bill also a Na- recommendations we included in the the centers. It authorizes the assign- tional Counterterrorism Center to im- Senate legislation in 2004 were taken ment of homeland security intelligence prove interagency planning to achieve out or diluted in conference. Other pro- analysts to the centers to lend their goals in the war against terrorism. visions that Congress did enact have expertise and to serve as a channel for One of the most exciting moments I unfortunately been implemented poor- information to and from the Federal have had as a Senator was to go out to ly. Government. It also creates a program the National Counterterrorism Center. How important is it that we go ahead for State, local, and tribal officials to I urge my colleagues to take the time. with this legislation to finish the job spend time at the Department of Established by the 9/11 legislation in we started after the 9/11 Commission Homeland Security’s Office of Intel- 2004 to make sure, to use a very sim- report? Let me quote from the 9/11 Re- ligence and Analysis to learn about its plistic metaphor for a very com- port: intelligence information sharing func- plicated situation, that never again The men and women of the World War II tions and to serve as a link to the would our Government fail to connect generation rose to the challenges of the 1940s State and local governments. the dots that would have presented the and 1950s. They restructured the government This legislation also will strengthen warning that a terrorist attack was so it could protect the country. the information sharing environment That is now the job of the generation that which we created in the 2004 legisla- coming. experienced 9/11. Those attacks showed em- This National Counterterrorism Cen- phatically, that ways of doing business root- tion. It will enhance the authority of ter is out there. It has all the relevant ed in a different era are just not good the Program Manager for that environ- agencies, they are constantly stream- enough. Americans should not settle for in- ment by allowing the issuance of Gov- ing information, receiving information cremental, ad hoc, adjustments to a system ernment-wide standards whereby all

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2250 CONGRESSIONAL RECORD — SENATE February 27, 2007 agencies of the Federal Government the National Emergency Communica- because so much infrastructure, so would be required to operate under the tions Plan. In other words, this is not many targets of terrorists are in pri- same rules and guidelines and would going to be just ad hoc proposals from vate hands. To address this critical not be permitted to conceal informa- every first responder for some money problem, S. 4 will promote private sec- tion. to use as he or she desires for their vi- tor preparedness, without a mandate, The legislation, S. 4, would encour- sion of interoperability. It has to be by creating a voluntary certification age the elimination of principles such part of a statewide plan connected to program that will allow private sector as ‘‘need to know’’ which allow the the national plan. entities to become certified as being in holder of information in a given Fed- The States receiving the money compliance with recommended na- eral agency to control its dissemina- would be required to pass at least 80 tional preparedness standards. This is tion to other governmental agencies percent of the total amount of the an important step forward and will and, thus, act as a bureaucratic barrier grants they receive on to local and quite sensibly promote, for instance, to effective information sharing. We, tribal governments. The legislation au- evacuation plans and steps beyond instead, aim to encourage, through this thorizes $400 million for interoper- that. legislation, the development of a ‘‘need ability improvements—lifesaving, in The legislation also strengthens pri- to share information’’ culture in which my opinion—in 2008; $500 million in vate sector preparedness by requiring information is made available—with 2009; $600 million in 2010; $800 million in that the Department of Homeland Se- appropriate safeguards, of course—to 2011; and $1 billion in 2012. curity establish and report on a list of all who could make use of it in the war Let me go on to terrorist travel. The critical infrastructure across the Na- against terror. legislation contains provisions to im- tion that would cause catastrophic Let me go now to homeland security prove our ability to disrupt terrorists’ damage if disrupted, or destroyed. This grants. This legislation will enhance travel and infiltration of the United will strengthen and clarify what is a homeland security grants to State and States, which the 9/11 Commission said murky process right now and will focus local governments and first responders. was just as important as crippling our attention on protecting those parts We simply have underfunded this crit- their financial networks. That cer- of critical infrastructure. Our legislation also improves upon ical element of homeland security. The tainly makes sense. first responders, first preventers, need It requires the Department of Home- the existing National Strategy for Transportation Security by ensuring more help to better protect their con- land Security and the Department of that risk-based priorities identified by stituents, those who live in the areas State to implement security enhance- the Department are based on the risk they serve, from potential terrorist at- ments to the so-called visa waiver pro- assessments conducted by the Depart- tacks and natural disasters. gram. It also is increasingly clear that Our proposal, S. 4, would authorize serious vulnerabilities exist within the ment. The legislation also requires the over $3.5 billion for each of the next 3 visa waiver program. There are en- President and Congress to publicly dis- years for key grant programs. It turns hancements to the program that, if close the total amounts of appropria- around a precipitous decline in funding adopted in this bill, will close many of tions requested, authorized, and ulti- for homeland security. It provides for a those vulnerabilities, including man- mately appropriated for the American comprehensive system of both ter- dating improved reporting by foreign intelligence community. This responds rorism-oriented and all-hazards grants. countries on the visa waiver program directly to a recommendation of the 9/ It will ensure that grants primarily in- of lost or stolen passports, requiring 11 Commission and will improve tended to bolster prevention of and pre- countries to share information about Congress’s ability to oversee the con- paredness for terrorist attacks will be prospective visitors who may pose a duct and progress of our intelligence distributed overwhelmingly based on threat to the U.S., and authorizing an agencies creating standards of account- the risk to an area from a terrorist at- electronic travel authorization system ability. tack. which would require travelers to apply I stress, this is the bottom line of the Our committee believes we have in advance for authorization to visit budget: to give Members of Congress achieved a balanced proposal that gives America, thus allowing their names to and the American people an idea of most of the money out based on risk be checked against terrorist watch how much we are investing in intel- but still recognizes there is risk in this lists well before they board airplanes. ligence to protect their security and new post-9/11 age everywhere and that I note Senator COLLINS is on the floor give us some sense of the account- in an all-hazards approach, first re- of the Senate, our ranking member. I ability that we should apply to the in- sponders everywhere need to be as- am going to yield to her in a few min- telligence community in delivering sisted to protect their citizens not just utes. But she has considerably that funding. from a potential terrorist attack but strengthened this section of the bill to TSA screeners: This will be debated from the consequences of a natural dis- protect America from people with the at some length, I am sure. The legisla- aster. intent to harm us through acts of ter- tion includes a provision which I was Interoperable communications: We rorism using this visa waiver program. pleased to cosponsor with the occupant have known for decades we needed to Next, privacy and civil liberties: This of the Chair, Senator MCCASKILL from improve communications operability legislation also makes important steps Missouri, which will ensure that and interoperability at the different forward to ensure that as we fight ter- screeners at the Transportation Secu- levels of Government. Yet tragically rorism, we do not trample on the rights rity Administration—with whom we the inability of fire and police to com- of Americans we are pledged to defend. have become very familiar as we come municate with one another at the The legislation includes provisions and go from airports—have the same World Trade Center after the attacks very similar to those included in the employment rights as others in TSA of 9/11 cost lives. That is a painful fact. Senate-passed version of the Terrorism and the Department of Homeland Secu- Hurricane Katrina showed us once Prevention Act with regard to the Pri- rity. There is no good reason to deny again how important it is to have com- vacy and Civil Liberties Board. these rights to these people. We are munications that can both survive the I now move on to biosurveillance. only applying to them the same rights initial disaster and have the capabili- The legislation enhances sharing of as other people within TSA and others ties to allow different first responding critical information by authorizing and in law enforcement in the Department agencies to talk to each other by shar- improving upon an existing effort with- of Homeland Security have, with no ing voice as well as data communica- in the Department of Homeland Secu- negative effect on their performance of tions. rity to establish a National Biosurveil- those responsibilities. Under this grant program, States lance Integration Center. Madam President, as you can see, would be required to demonstrate that Next, private sector preparedness: this is a very comprehensive bill. I the grants they are applying for and re- The 9/11 Commission found that the have not touched on many parts of it ceive would be used in a way that is private sector remains largely unpre- in this statement. I have tried to focus consistent with their statewide com- pared and that ignoring private sector on the most important. What I am con- munications interoperability plans and preparedness could come at a huge cost vinced of is that if this bill passes and

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2251 becomes law, the American people will Without objection, it is so ordered. The Homeland Security Committee be safer from both terrorism and the Mr. LIEBERMAN. Madam President, also conducted a comprehensive, bipar- consequences of natural disasters, such on behalf of the leader, I am happy to tisan investigation of the Federal, as Hurricane Katrina, than they are announce there will be no further roll- State, and local preparation for and re- today. call votes today. I know Senator COL- sponse to Hurricane Katrina, our coun- All of the hard work of the com- LINS will return soon and make her try’s first real test of its homeland se- mittee members, including particu- opening statement on the bill. curity apparatus since the attacks on larly my ranking member, Senator I thank the Chair very much, and I September 11 of 2001. Our investigation COLLINS, gives me some sense of con- suggest the absence of a quorum. found significant failures in emergency fidence, along with the work done by The PRESIDING OFFICER. The planning, preparation, and response at our staffs on both sides of the aisle, clerk will call the roll. all levels of government. As a result, that this bill really will achieve the The assistant legislative clerk pro- we issued a comprehensive report that goals the 9/11 Commission stated in ceeded to call the roll. summarized our investigation. Our in- their report and the hopes that the Ms. COLLINS. Madam President, I vestigation included 24 public hearings, families of those who were lost on 9/11 ask unanimous consent that the order interviews of more than 400 people, and have that we act in a way on their be- for the quorum call be rescinded. the review of literally hundreds of half and on behalf of all the American The PRESIDING OFFICER. Without thousands of investigations. It also in- people to be able to say we have done objection, it is so ordered. cluded the issuance of subpoenas be- everything possible to make sure no Ms. COLLINS. Madam President, I cause we wanted to make sure we had other Americans suffer the tragic pain rise to support S. 4, the Improving access to all the information we need- and continuing loss that these Amer- America’s Security Act of 2007. This ed. As a result of this investigation, ican heroes suffered when their loved legislation would strengthen our home- the committee issued a detailed report ones’ lives were ended in the brutal ter- land security and would do so in the and drafted legislation based on those rorist attacks of 9/11. spirit that shaped the recommenda- recommendations. That legislation was I have a sense of urgency about this tions of the 9/11 Commission. incorporated into the Homeland Secu- bill. I believe every day we do not do As my colleague and friend Senator rity appropriations bill which the some of the things this bill would en- LIEBERMAN has already indicated, the President signed into law last year. able and establish and support finan- Committee on Homeland Security The FEMA Reform Act built upon cially is another day in which we are voted unanimously on February 15 to the 9/11 Commission recommendations not as secure at home as we should be. report this bill. The bill before us is the already enacted by reforming the This is the carrying out of the first product of careful collaboration among structure of FEMA, enhancing its re- constitutional responsibility we have members of our committee; State, gional role throughout the country, to ensure domestic tranquility and pro- local, and tribal governments; emer- and giving FEMA a primary place vide for the common defense, to do so gency response providers; the private within the Federal Government for in a way that those who wrote the Con- sector; the Administration, particu- planning, training, and exercising with stitution could never have dreamed we larly the Department of Homeland Se- State and local officials. would have to do. But that is the world curity; and other stakeholders. This As reported by the Homeland Secu- we live in today. That is the reality we collaboration has produced legislation rity Committee then, S. 4 builds upon must face. This is the action we must that builds on the work of the Home- our past successes. The legislation be- summon and carry out together to dis- land Security Committee over the last fore the Senate would authorize a com- patch our responsibility. 3 years. During that time, the com- prehensive homeland security grant Madam President, in the preface to mittee has produced numerous bills program. It includes four vital grant the 9/11 Report, Chairman Kean and implementing the recommendations of programs to assist State, local, and Vice Chairman Hamilton wrote: the 9/11 Commission and otherwise tribal governments in safeguarding our We hope our report will encourage our fel- strengthening our homeland security. lives and properties in all catastrophes, low citizens to study, reflect—and act. This bill helps to complete the picture. whether natural or manmade. Taken Well, we have studied and we have re- The vast majority of the 9/11 Com- together, these four grant programs— flected. Now is the time, once again, to mission’s recommendations were en- the Urban Area Security Initiative, the act to build a safer and more secure acted in 2004 as part of the Intelligence State Homeland Security Grant Pro- America for the generations to come. Reform and Terrorism Prevention Act. gram, the Emergency Management I look forward to a good, spirited de- There were, however, some rec- Performance Grant Program, and the bate. I hope when we are done, the bill ommendations that did not make it Emergency Communications and Inter- will be even stronger than it is today. through the process or were not incor- operability Grant Program—will en- We will start tomorrow. I urge my col- porated into that bill, and those are re- sure significant and predictable Fed- leagues to come to the floor, even this flected in the legislation before us. eral funding for our State and local afternoon, to file amendments because The Intelligence Reform Act was a partners. Senator COLLINS and I would like, when bipartisan effort by the Homeland Se- The program will support error-pre- we move to this bill tomorrow morn- curity Committee, and it made possible vention activities such as fusion cen- ing—having carried out our managers’ the most significant reforms in the ters, all-hazards planning, training ex- responsibility to make opening state- structure and operations of our intel- ercises, and the installation of reliable ments—to move right to the amend- ligence community in more than 50 interoperable emergency communica- ments. years—in fact, since the CIA was cre- tions systems. The bill will help to I thank the Chair. ated after World War II. Indeed, ap- strengthen emergency preparedness I think Senator COLLINS was called proximately 39 of the 9/11 Commission’s and response. It also strikes the right from the Senate floor momentarily, 41 recommendations have been acted balance between targeting funding to but I know she will be back before I on in one form or another. More re- jurisdictions the Department deter- yield. cently, Congress passed measures that mines to be at the highest risk and en- Madam President, the consent re- greatly strengthen the protections for suring a baseline of adequate funding quest I am about to propound has been America’s cargo ports and its chemical for prevention and preparedness across cleared on both sides. facilities—again addressing the country because we know that our I ask unanimous consent that fol- vulnerabilities highlighted in the Com- Nation’s homeland security is only as lowing morning business on Wednes- mission’s report and by other experts strong as its weakest link. day, February 28, the Senate proceed to on terrorism. So during the past 3 Let me comment in more detail on the consideration of Calendar No. 57, S. years, in fact, a great deal has been these programs. With respect to the 4, the 9/11 Commission recommenda- done to help make our Nation more se- Urban Area Security Initiative, also tions legislation. cure and to improve our defenses and known as UASI, the bill retains the The PRESIDING OFFICER. Is there capacity to respond to terrorism at- current practice directing the Sec- objection? tacks. retary of Homeland Security to award

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2252 CONGRESSIONAL RECORD — SENATE February 27, 2007 grants based solely on risk of terrorist An all hazards approach to preparedness, events of 9/11 and Hurricane Katrina attacks. Clearly, our largest urban including the development of a comprehen- demonstrated, this is often not the areas present attractive, high-value sive program of planning, training, and exer- case. targets to terrorists. Our legislation, cises, encourages an effective and consistent Before the second tower of the World response to any threatened or actual disaster Trade Center collapsed on 9/11, the po- the Lieberman-Collins legislation, rec- or emergency regardless of the cause. ognizes that fact, but it makes one sen- lice received a radio message to evac- This view is consistent with the ex- sible change. The Department’s eligi- uate, but, tragically, the firefighters pert testimony before the Homeland bility criteria for UASI grant applica- never received that message because Security Committee during our inves- tions has been, to say the least, arbi- they used different radios and an in- tigation of the failed response to Hurri- trary and controversial. For that rea- compatible frequency. The result was cane Katrina. son, our bill would expand the poten- even more loss of lives. In the imme- Now, some people have suggested diate aftermath of Hurricane Katrina, tial pool of applicants beyond the cur- that guaranteeing minimum funding rent limit of 45. Instead of requiring the first responders resorted to the use for State and local preparedness is just of runners to carry messages by hand the Department to select which cities another example of pork barrel poli- are eligible to apply, S. 4 would ex- from one command center to another tics. These people could not be more because the communications infra- pressly permit the largest 100 metro- mistaken. As the Rand Corporation politan areas to make their case for structure was so badly damaged. Well, noted in a 2004 report on the prepared- the events of the magnitude of 9/11 or funding. ness of State and local law enforce- Unfortunately, terrorist attacks do Hurricane Katrina, fortunately, do not ment after the terrorist attacks of Sep- not respect city limits. A major attack occur every day. There are daily inci- tember 11, 2001: could affect—or at least require—re- dents, such as fires, rescues, and haz- Homeland security experts and first re- ardous material spills that require dif- sponses from many neighboring or re- sponders have cautioned against an over- gional jurisdictions. We also know that ferent agencies and different jurisdic- emphasis on improving the preparedness of tions to communicate with one another when we take a more regional ap- large cities to the exclusion of smaller com- proach, we have a more effective re- munities or rural areas. in real time and on demand. This is precisely why the emergency commu- sponse. Our bill raises funding for the Again, I make the point that we need nications grants program is so impor- State Homeland Security Grant Pro- to bring up all areas to a certain base- tant. gram to $913 million from the $525 mil- line level of preparedness. That doesn’t I will tell you it was very disturbing lion appropriated in fiscal year 2007. mean we don’t factor in risk; we do. In- to hear, during our investigation of This funding increase would also cor- deed, the majority of the funds in this Hurricane Katrina, the same kinds of rect a serious deficiency in the pro- bill would be allocated based on risk, interoperability problems that oc- posed budget for fiscal year 2008. Unfor- and we provide more risk-based funding curred during 9/11. This is a problem we tunately, the administration is calling than is the case in current law. simply must solve. for only $250 million for this important The RAND report went on to recog- Let me comment on some other im- program. As with the UASI grants, nize that much of our Nation’s infra- portant features of the bill. It improves each State would receive funding on structure and potential high-value tar- protection against terrorists traveling the basis of risk but with a minimum gets are located in rural areas. We also to our country under the visa waiver award of 0.45 percent of the program cannot assume a precise calculation of program by requiring more timely no- funds. This will, once again, ensure a risk. A Federal building in Oklahoma tice from participating countries of baseline level of preparedness and re- City was not an obvious target for a lost or stolen passports. It also re- sponse activities across the country. terrorist bombing. Yet, we know a quires those countries to share more Hurricane Katrina illustrated that tragic attack occurred in that city. information about travelers who could many of the actions required to re- Rural flight schools were not obvious pose a threat to our security. The bill spond to terrorist attacks are identical training grounds for hijackers, nor was improves information sharing, estab- to those required for natural disasters. the Portland, ME, jetport an obvious lishes multijurisdiction fusion centers That is precisely why S. 4 would ex- departure point for terrorist pilots as in order to encourage information to be pand the emergency management per- they began their journey of death and shared, and allows the assignment of formance grants. The EMPG has been a destruction on September 11. DHS intelligence analysts to those cen- vital part of our national preparedness My point is that terrorists can shel- ters. The bill expands upon a require- for years. Our bill seeks to increase its ter, train, recruit, prepare, or attack in ment in the Homeland Security Act by stature and importance by providing unlikely places. In view of this cold re- requiring DHS to create a prioritized more funding and by authorizing ality, our bill requires that at least 25 list of critical infrastructure and high- States to use EMPG funds to construct percent of the funding from the UASI est risks for terrorist attacks and and enhance emergency operation cen- and State homeland security grant pro- other disasters. This list will help pro- ters. The EMPG emphasizes all-hazards grams—that is at least $548 million—be tect these critical assets from attacks preparation, and the .75 percent min- used for terrorism prevention activities and enable more effective response imum allocation and the population- by law enforcement agencies. when disaster strikes. based distribution of the remainder en- Sometimes I think we forget the The bill also requires that risk as- sures that every State will receive as- basic truth that if we can prevent a sessments be completed for each sector sistance with planning, training, and terrorist attack from happening in the of the economy. Recognizing the need exercises for vital functions such as first place, that is the best possible ap- to exercise good stewardship of our evacuation, logistics, continuity of op- proach. We do need to be prepared to taxpayers’ money, our bill also in- erations of government, and recovery. respond effectively, but how much bet- cludes strong protections against Those are skills which all States need ter if we can detect and interdict the waste, fraud, and abuse. By now, we to develop. Those are minimal levels of attack before it occurs. We know from have all heard the disturbing stories of preparedness and response essential for experience here, as well as in other misspent homeland security grants. In every State. Every State has the po- countries, that terrorists can be spot- fact, when I was chairman of the tential for either a natural disaster or ted and attacks intercepted by well- Homeland Security Committee, we a terrorist attack or some other catas- trained local police. The prevention of held hearings looking at how homeland trophe or emergency. That is why it is attacks through better policing must security grants have been spent in important we develop that capacity in be a focus of our grant programs. The some States. Along with Senator LIE- every State. last grant program our bill creates is BERMAN, I asked the GAO to do an in- It is important for me to emphasize an emergency communications and vestigation into this area, and GAO that S. 4 does not change EMPG’s allo- interoperability grants program. These testified before our committee. At a cation formula; it merely codifies ex- grants will help to close the alarming time when the needs are so great for isting practice. The EMPG is basic in- and persistent gaps in our first re- equipment, for training, and for more surance. As the DHS manual for the sponders’ ability to simply commu- preparedness to strengthen our home- program observes: nicate with one another. As the tragic land security, it was very disturbing to

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2253 hear the GAO testify that money had ensured that the bill got through to berg, Shelby, Gregg, Stevens, Domenici, been wasted. the President’s desk and signed into McConnell, Hutchison, Brownback, Alex- Let me give you a couple of exam- law. They have continued to work with ander. (9–8) ples. In the District of Columbia—yes, us on the bill before us today. I want to DEPARTMENT OF DEFENSE right here in Washington, DC, surely a publicly thank them for their effort. Senators Inouye, Byrd, Leahy, Harkin, high-risk area, an area attacked on They inspired our work. Dorgan, Durbin, Feinstein, Mikulski, Kohl, 9/11—we found that leather jackets Our legislation’s broad-front attack Murray, Stevens, Cochran, Specter, Domen- were purchased for the local police on the threats we face will ensure good ici, Bond, McConnell, Shelby, Gregg, Hutchison. (10–9) using homeland security grant money. value for every dollar our Nation In Newark, NJ, homeland security spends to improve our defenses at the ENERGY AND WATER DEVELOPMENT funds were used to purchase air-condi- Federal and State and local levels. It Senators Dorgan, Byrd, Murray, Feinstein, tioned garbage trucks. This is totally will provide appropriate transparency Johnson, Landrieu, Inouye, Reed, Lauten- berg, Domenici, Cochran, McConnell, Ben- inexcusable, when we have such great and accountability into the Govern- nett, Craig, Bond, Hutchison, Allard. (9–8) needs for new communications equip- ment’s security decisions, and it will FINANCIAL SERVICES AND GENERAL ment, for training and exercises, and strike an appropriate balance between GOVERNMENT for help for our first responders. We increased security and our cherished Senators Durbin, Murray, Landrieu, Lau- simply cannot afford to have money civil liberties. The passage of this bill tenberg, Nelson, Brownback, Bond, Shelby, frittered away. It is outrageous. will benefit every American. Allard. (5–4) Our bill would help to eliminate Let me close by saying I am certain DEPARTMENT OF HOMELAND SECURITY those abuses. It would strictly prohibit this bill will be improved even further the use of grant funds on items that Senators Byrd, Inouye, Leahy, Mikulski, as we proceed with the deliberations Kohl, Murray, Landrieu, Lautenberg, Nelson, don’t relate to securing our homeland. this week. I do not support every single Cochran, Gregg, Stevens, Specter, Domenici, It requires States to have an approved provision in this bill. But on balance, it Shelby, Craig, Alexander. (9–8) plan and for funds to be allocated, dis- is yet another step forward as we seek DEPARTMENT OF THE INTERIOR, ENVIRONMENT, tributed, and spent according to that to protect the American people. AND RELATED AGENCIES plan, and to achieve certain baseline Madam President, I suggest the ab- Senators Feinstein, Byrd, Leahy, Dorgan, preparedness goals. It requires DHS to sence of a quorum. Mikulski, Kohl, Johnson, Reed, Nelson, set minimum performance standards The PRESIDING OFFICER. The Craig, Stevens, Cochran, Domenici, Bennett, for agency grants, and it provides for clerk will call the roll. Gregg, Allard, Alexander. (9–8) audits to ensure accountability. The assistant legislative clerk pro- DEPARTMENTS OF LABOR, HEALTH AND HUMAN I know that last safeguard is near ceeded to call the roll. SERVICES, AND EDUCATION, AND RELATED and dear to the Presiding Officer’s Mr. DURBIN. Mr. President, I ask AGENCIES heart and that she understands, per- unanimous consent that the order for Senators Harkin, Inouye, Kohl, Murray, haps better than anyone in this body, the quorum call be rescinded. Landrieu, Durbin, Reed, Lautenberg, Spec- the importance of regular, thorough, The PRESIDING OFFICER (Mr. ter, Cochran, Gregg, Craig, Hutchison, Ste- vens, Shelby. (8–7) and timely audits. SALAZAR). Without objection, it is so Madam President, I acknowledge the ordered. LEGISLATIVE BRANCH work of Senator COBURN, and many Senators Landrieu, Durbin, Nelson, Allard, f other members of our committee, to Alexander. (3–2) strengthen the provisions of our bill. I MORNING BUSINESS MILITARY CONSTRUCTION AND VETERANS offered an amendment to make sure Mr. DURBIN. Mr. President, I ask AFFAIRS, AND RELATED AGENCIES that homeland security funds were not unanimous consent that there now be a Senators Johnson, Inouye, Landrieu, Byrd, used for social or recreational pur- period for the transaction of morning Murray, Reed, Nelson, Hutchison, Craig, poses. In short, I think we have tight- business, with Senators permitted to Brownback, Allard, McConnell, Bennett. (7– 6) ened up the safeguards and put new speak therein for up to 10 minutes measures in to ensure accountability. each. STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS I mentioned earlier that our bill pro- The PRESIDING OFFICER. Without ceeds in the spirit of the 9/11 Commis- objection, it is so ordered. Senators Leahy, Inouye, Harkin, Mikulski, sion; its provisions for increased and Durbin, Johnson, Landrieu, Reed, Gregg, more effective information sharing, for f McConnell, Specter, Bennett, Bond, Brown- strengthening the privacy and civil lib- APPROPRIATIONS COMMITTEE ON back, Alexander. (8–7) erties oversight board, and for dis- RULES OF PROCEDURE TRANSPORTATION AND HOUSING AND URBAN closing the total sums requested, au- DEVELOPMENT, AND RELATED AGENCIES Mr. BYRD. Mr. President, pursuant Senators Murray, Byrd, Mikulski, Kohl, thorized, and appropriated for intel- to rule XXVI, paragraph 2, of the ligence programs all testified to that Durbin, Dorgan, Leahy, Harkin, Feinstein, Standing Rules of the Senate, I ask Johnson, Lautenberg, Bond, Shelby, Specter, amendment. unanimous consent to have the at- Bennett, Hutchison, Brownback, Stevens, There are many provisions of the bill tached rules and subcommittee mem- Domenici, Alexander, Allard. (11–10) reported by the Homeland Security berships for the 110th Congress printed SENATE APPROPRIATIONS COMMITTEE RULES— Committee that will improve our secu- in the CONGRESSIONAL RECORD. 110TH CONGRESS rity in other ways. I want to note once There being no objection, the mate- I. MEETINGS again, however, that this bill is not a rial was ordered to be printed in the The Committee will meet at the call of the sudden, new, or unusual manifestation RECORD, as follows: Chairman. of congressional determination to SUBCOMMITTEES II. QUORUMS strengthen our security. The bill before us today continues the work of Con- Senator Byrd, as chairman of the Com- 1. Reporting a bill. A majority of the mem- mittee, and Senator Cochran, as ranking mi- bers must be present for the reporting of a gress in taking proper notice of the 9/11 nority member of the Committee, are ex offi- bill. Commission’s recommendations. I am cio members of all subcommittees of which 2. Other business. For the purpose of proud to be part of the bipartisan delib- they are not regular members. transacting business other than reporting a erations that shaped this bill, and I AGRICULTURE, RURAL DEVELOPMENT, FOOD AND bill or taking testimony, one-third of the urge all of my colleagues to support it. DRUG ADMINISTRATION, AND RELATED AGENCIES members of the Committee shall constitute a quorum. I want to also acknowledge the tire- Senators Kohl, Harkin, Dorgan, Feinstein, 3. Taking testimony. For the purpose of less efforts of the families of the vic- Durbin, Johnson, Nelson, Reed, Bennett, taking testimony, other than sworn testi- tims of 9/11. They have worked with Cochran, Specter, Bond, McConnell, Craig, mony, by the Committee or any sub- Senator LIEBERMAN and me every step Brownback. (8–7) committee, one member of the Committee or of the way when we were drafting the COMMERCE, JUSTICE, SCIENCE, AND RELATED subcommittee shall constitute a quorum. Intelligence Reform and Terrorist Pre- AGENCIES For the purpose of taking sworn testimony vention Act in 2004. They were our in- Senators Mikulski, Inouye, Leahy, Kohl, by the Committee, three members shall con- spiration and they kept us going. They Harkin, Dorgan, Feinstein, Reed, Lauten- stitute a quorum, and for the taking of

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Members thereof shall be liminary inquiry or adjudicatory review and requests. appointed by the Senate in accordance with the determinations and recommendations of IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED the provisions of Paragraph 1 of rule XXIV of the Select Committee with respect to such SESSIONS the Standing Rules of the Senate at the be- preliminary inquiry or adjudicatory review. Attendance of staff members at closed ses- ginning of each Congress. For purposes of Any Member of the Senate appointed for sions of the Committee shall be limited to paragraph 4 of rule XXV of the Standing such purposes shall be of the same party as those members of the Committee staff who Rules of the Senate, service of a Senator as the Member who is ineligible or disqualifies have a responsibility associated with the a member or chairman of the Select Com- himself or herself. matter being considered at such meeting. mittee shall not be taken into account. Sec. 2. (a) It shall be the duty of the Select This rule may be waived by unanimous con- (b) Vacancies in the membership of the Se- Committee to— sent. lect Committee shall not affect the author- (1) receive complaints and investigate alle- gations of improper conduct which may re- V. BROADCASTING AND PHOTOGRAPHING OF ity of the remaining members to execute the flect upon the Senate, violations of law, vio- COMMITTEE HEARINGS functions of the committee, and shall be filled in the same manner as original ap- lations of the Senate Code of Official Con- The Committee or any of its subcommit- duct and violations of rules and regulations tees may permit the photographing and pointments thereto are made. (c) (1) A majority of the members of the of the Senate, relating to the conduct of in- broadcast of open hearings by television and/ Select Committee shall constitute a quorum dividuals in the performance of their duties or radio. However, if any member of a sub- for the transaction of business involving as Members of the Senate, or as officers or committee objects to the photographing or complaints or allegations of, or information employees of the Senate, and to make appro- broadcasting of an open hearing, the ques- about, misconduct, including resulting pre- priate findings of fact and conclusions with tion shall be referred to the full Committee liminary inquiries, adjudicatory reviews, respect thereto; for its decision. (2)(A) recommend to the Senate by report recommendations or reports, and matters re- or resolution by a majority vote of the full VI. AVAILABILITY OF SUBCOMMITTEE REPORTS lating to Senate Resolution 400, agreed to committee disciplinary action to be taken To the extent possible, when the bill and May 19, 1976. with respect to such violations which the Se- report of any subcommittee are available, (2) Three members shall constitute a lect Committee shall determine, after ac- they shall be furnished to each member of quorum for the transaction of routine busi- cording to the individual concerned due no- the Committee thirty-six hours prior to the ness of the Select Committee not covered by tice and opportunity for a hearing, to have Committee’s consideration of said bill and the first paragraph of this subparagraph, in- occurred; report. cluding requests for opinions and interpreta- (B) pursuant to subparagraph (A) rec- VII. AMENDMENTS AND REPORT LANGUAGE tions concerning the Code of Official Con- ommend discipline, including— To the extent possible, amendments and duct or any other statute or regulation (i) in the case of a Member, a recommenda- report language intended to be proposed by under the jurisdiction of the Select Com- tion to the Senate for expulsion, censure, Senators at full Committee markups shall be mittee, if one member of the quorum is a payment of restitution, recommendation to provided in writing to the Chairman and member of the majority Party and one mem- a Member’s party conference regarding the Ranking Minority Member and the appro- ber of the quorum is a member of the minor- Member’s seniority or positions of responsi- priate Subcommittee Chairman and Ranking ity Party. During the transaction of routine bility, or a combination of these; and Minority Member twenty-four hours prior to business any member of the Select Com- (ii) in the case of an officer or employee, such markups. mittee constituting the quorum shall have dismissal, suspension, payment of restitu- the right to postpone further discussion of a tion, or a combination of these; VIII. POINTS OF ORDER pending matter until such time as a major- (3) subject to the provisions of subsection Any member of the Committee who is floor ity of the members of the Select Committee (e), by a unanimous vote of 6 members, order manager of an appropriations bill, is hereby are present. that a Member, officer, or employee be rep- authorized to make points of order against (3) The Select Committee may fix a lesser rimanded or pay restitution, or both, if the any amendment offered in violation of the number as a quorum for the purpose of tak- Select Committee determines, after accord- Senate Rules on the floor of the Senate to ing sworn testimony. ing to the Member, officer, or employee due such appropriations bill. (d)(1) A member of the Select Committee notice and opportunity for a hearing, that IX. EX OFFICIO MEMBERSHIP shall be ineligible to participate in— misconduct occurred warranting discipline (A) any preliminary inquiry or adjudica- The Chairman and Ranking Minority Mem- less serious than discipline by the full Sen- tory review relating to— ber of the full Committee are ex officio mem- ate; (i) the conduct of— bers of all subcommittees of which they are (4) in the circumstances described in sub- (I) such member; not regular members but shall have no vote section (d)(3), issue a public or private letter (II) any officer or employee the member of admonition to a Member, officer, or em- in the subcommittee and shall not be count- supervises; or ed for purposes of determining a quorum. ployee, which shall not be subject to appeal (III) any employee of any officer the mem- to the Senate; f ber supervises; or (5) recommend to the Senate, by report or (ii) any complaint filed by the member; resolution, such additional rules or regula- SELECT COMMITTEE ON ETHICS and RULES OF PROCEDURE tions as the Select Committee shall deter- (B) the determinations and recommenda- mine to be necessary or desirable to insure Mrs. BOXER. Mr. President, in ac- tions of the Select Committee with respect proper standards of conduct by Members of cordance with rule XXVI(2) of the to any preliminary inquiry or adjudicatory the Senate, and by officers or employees of Standing Rules of the Senate, I ask review described in subparagraph (A). the Senate, in the performance of their du- For purposes of this paragraph, a member that the Rules of Procedure of the Se- ties and the discharge of their responsibil- of the Select Committee and an officer of the ities; lect Committee on Ethics, which were Senate shall be deemed to supervise any offi- (6) by a majority vote of the full com- adopted February 23, 1978, and revised cer or employee consistent with the provi- mittee, report violations of any law, includ- November 1999, be printed in the CON- sion of paragraph 12 of rule XXXVII of the ing the provision of false information to the GRESSIONAL RECORD for the 110th Con- Standing Rules of the Senate. Select Committee, to the proper Federal and gress. The committee rules for the (2) A member of the Select Committee State authorities; and 110th Congress are identical to the may, at the discretion of the member, dis- (7) develop and implement programs and qualify himself or herself from participating materials designed to educate Members, offi- rules adopted by the committee for the in any preliminary inquiry or adjudicatory 109th Congress. cers, and employees about the laws, rules, review pending before the Select Committee regulations, and standards of conduct appli- There being no objection, the mate- and the determinations and recommenda- cable to such individuals in the performance rial was ordered to be printed in the tions of the Select Committee with respect of their duties. RECORD, as follows: to any such preliminary inquiry or adjudica- (b) For the purposes of this resolution— RULES OF THE SELECT COMMITTEE ON tory review. Notice of such disqualification (1) the term ‘‘sworn complaint’’ means a ETHICS shall be given in writing to the President of written statement of facts, submitted under the Senate. penalty of perjury, within the personal PART I: ORGANIC AUTHORITY (3) Whenever any member of the Select knowledge of the complainant alleging a vio- SUBPART A—S. RES. 338 AS AMENDED Committee is ineligible under paragraph (1) lation of law, the Senate Code of Official Resolved, That (a) there is hereby estab- to participate in any preliminary inquiry or Conduct, or any other rule or regulation of lished a permanent select committee of the adjudicatory review or disqualifies himself the Senate relating to the conduct of indi- Senate to be known as the Select Committee or herself under paragraph (2) from partici- viduals in the performance of their duties as

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Upon the con- (b)(1) The Select Committee is authorized ate; clusion of such adjudicatory review, the Se- to retain and compensate counsel not em- (2) the term ‘‘preliminary inquiry’’ means lect Committee shall report to the Senate, as ployed by the Senate (or by any department a proceeding undertaken by the Select Com- soon as practicable, the results of such adju- or agency of the executive branch of the mittee following the receipt of a complaint dicatory review, together with its rec- Government) whenever the Select Com- or allegation of, or information about, mis- ommendations (if any) pursuant to sub- mittee determines that the retention of out- conduct by a Member, officer, or employee of section (a)(2). side counsel is necessary or appropriate for the Senate to determine whether there is (e)(1) Any individual who is the subject of any action regarding any complaint or alle- substantial credible evidence which provides a reprimand or order of restitution, or both, gation, which, in the determination of the substantial cause for the Select Committee pursuant to subsection (a)(3) may, within 30 Select Committee is more appropriately con- to conclude that a violation within the juris- days of the Select Committee’s report to the ducted by counsel not employed by the Gov- diction of the Select Committee has oc- Senate of its action imposing a reprimand or ernment of the United States as a regular curred; and order of restitution, or both, appeal to the employee. (3) the term ‘‘adjudicatory review’’ means Senate by providing written notice of the (2) Any adjudicatory review as defined in a proceeding undertaken by the Select Com- basis for the appeal to the Select Committee section 2(b)(3) shall be conducted by outside mittee after a finding, on the basis of a pre- and the presiding officer of the Senate. The counsel as authorized in paragraph (1), un- liminary inquiry, that there is substantial presiding officer of the Senate shall cause less the Select Committee determines not to credible evidence which provides substantial the notice of the appeal to be printed in the use outside counsel. cause for the Select Committee to conclude Congressional Record and the Senate Jour- (c) With the prior consent of the depart- that a violation within the jurisdiction of nal. ment or agency concerned, the Select Com- the Select Committee has occurred. (2) A motion to proceed to consideration of mittee may (1) utilize the services, informa- (c)(1) No— an appeal pursuant to paragraph (1) shall be tion and facilities of any such department or (A) adjudicatory review of conduct of a highly privileged and not debatable. If the agency of the Government, and (2) employ on Member or officer of the Senate may be con- motion to proceed to consideration of the ap- a reimbursable basis or otherwise the serv- ducted; peal is agreed to, the appeal shall be decided ices of such personnel of any such depart- (B) report, resolution, or recommendation on the basis of the Select Committee’s report ment or agency as it deems advisable. With relating to such an adjudicatory review of to the Senate. Debate on the appeal shall be the consent of any other committee of the conduct may be made; and limited to 10 hours, which shall be divided Senate, or any subcommittee thereof, the (C) letter of admonition pursuant to sub- equally between, and controlled by, those fa- Select Committee may utilize the facilities section (d)(3) may be issued, unless approved voring and those opposing the appeal. and the services of the staff of such other by the affirmative recorded vote of no fewer (f) The Select Committee may, in its dis- committee or subcommittee whenever the than 4 members of the Select Committee. cretion, employ hearing examiners to hear chairman of the Select Committee deter- (2) No other resolution, report, rec- testimony and make findings of fact and/or mines that such action is necessary and ap- ommendation, interpretative ruling, or advi- recommendations to the Select Committee propriate. sory opinion may be made without an affirm- concerning the disposition of complaints. (d)(1) Subpoenas may be authorized by— ative vote of a majority of the Members of (g) Notwithstanding any other provision of (A) the Select Committee; or the Select Committee voting. this section, no adjudicatory review shall be (B) the chairman and vice chairman, act- (d)(1) When the Select Committee receives initiated of any alleged violation of any law, ing jointly. a sworn complaint or other allegation or in- the Senate Code of Official Conduct, rule, or (2) Any such subpoena shall be issued and formation about a Member, officer, or em- regulation which was not in effect at the signed by the chairman and the vice chair- ployee of the Senate, it shall promptly con- time the alleged violation occurred. No pro- man and may be served by any person des- duct a preliminary inquiry into matters visions of the Senate Code of Official Con- ignated by the chairman and vice chairman. raised by that complaint, allegation, or in- duct shall apply to or require disclosure of (3) The chairman or any member of the Se- formation. The preliminary inquiry shall be any act, relationship, or transaction which lect Committee may administer oaths to of duration and scope necessary to determine occurred prior to the effective date of the ap- witnesses. whether there is substantial credible evi- plicable provision of the Code. The Select (e) (1) The Select Committee shall pre- dence which provides substantial cause for Committee may initiate an adjudicatory re- scribe and publish such regulations as it the Select Committee to conclude that a vio- view of any alleged violation of a rule or law feels are necessary to implement the Senate lation within the jurisdiction of the Select which was in effect prior to the enactment of Code of Official Conduct. Committee has occurred. The Select Com- the Senate Code of Official Conduct if the al- (2) The Select Committee is authorized to mittee may delegate to the chairman and leged violation occurred while such rule or issue interpretative rulings explaining and vice chairman the discretion to determine law was in effect and the violation was not a clarifying the application of any law, the the appropriate duration, scope, and conduct matter resolved on the merits by the prede- Code of Official Conduct, or any rule or regu- of a preliminary inquiry. cessor Select Committee. lation of the Senate within its jurisdiction. (2) If, as a result of a preliminary inquiry (h) The Select Committee shall adopt writ- (3) The Select Committee shall render an under paragraph (1), the Select Committee ten rules setting forth procedures to be used advisory opinion, in writing within a reason- determines by a recorded vote that there is in conducting preliminary inquiries and ad- able time, in response to a written request not such substantial credible evidence, the judicatory reviews. by a Member or officer of the Senate or a Select Committee shall dismiss the matter. (i) The Select Committee from time to candidate for nomination for election, or The Select Committee may delegate to the time shall transmit to the Senate its rec- election to the Senate, concerning the appli- chairman and vice chairman the authority, ommendation as to any legislative measures cation of any law, the Senate Code of Official on behalf of the Select Committee, to dis- which it may consider to be necessary for Conduct, or any rule or regulation of the miss any matter that they determine, after a the effective discharge of its duties. Senate within its jurisdiction to a specific preliminary inquiry, lacks substantial merit. Sec. 3. (a) The Select Committee is author- factual situation pertinent to the conduct or The Select Committee shall inform the indi- ized to (1) make such expenditures; (2) hold proposed conduct of the person seeking the vidual who provided to the Select Committee such hearings; (3) sit and act at such times advisory opinion. the complaint, allegation, or information, and places during the sessions, recesses, and (4) The Select Committee may in its dis- and the individual who is the subject of the adjournment periods of the Senate; (4) re- cretion render an advisory opinion in writing complaint, allegation, or information, of the quire by subpoena or otherwise the attend- within a reasonable time in response to a dismissal, together with an explanation of ance of such witnesses and the production of written request by any employee of the Sen- the basis for the dismissal. such correspondence, books, papers, and doc- ate concerning the application of any law, (3) If, as a result of a preliminary inquiry uments; (5) administer such oaths; (6) take the Senate Code of Official Conduct, or any under paragraph (1), the Select Committee such testimony orally or by deposition; (7) rule or regulation of the Senate within its determines that a violation is inadvertent, employ and fix the compensation of a staff jurisdiction to a specific factual situation technical, or otherwise of a de minimis na- director, a counsel, an assistant counsel, one pertinent to the conduct or proposed conduct ture, the Select Committee may dispose of or more investigators, one or more hearing of the person seeking the advisory opinion. the matter by issuing a public or private let- examiners, and such technical, clerical, and (5) Notwithstanding any provision of the ter of admonition, which shall not be consid- other assistants and consultants as it deems Senate Code of Official Conduct or any rule ered discipline. The Select Committee may advisable; and (8) to procure the temporary or regulation of the Senate, any person who issue a public letter of admonition upon a services (not in excess of one year) or inter- relies upon any provision or finding of an ad- similar determination at the conclusion of mittent services of individual consultants, or visory opinion in accordance with the provi- an adjudicatory review. organizations thereof, by contract as inde- sions of paragraphs (3) and (4) and who acts (4) If, as a result of a preliminary inquiry pendent contractors or, in the case of indi- in good faith in accordance with the provi- under paragraph (1), the Select Committee viduals, by employment at daily rates of sions and findings of such advisory opinion determines that there is such substantial compensation not in excess of the per diem shall not, as a result of any such act, be sub- credible evidence and the matter cannot be equivalent of the highest rate of compensa- ject to any sanction by the Senate. appropriately disposed of under paragraph tion which may be paid to a regular em- (6) Any advisory opinion rendered by the (3), the Select Committee shall promptly ini- ployee of the Select Committee. Select Committee under paragraphs (3) and

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The select committee, mittee or any other Member of the Senate. cific factual situation; and, (B) any person if it determines there is reasonable justifica- Whenever the select committee makes such involved in any specific transaction or activ- tion for the complaint, shall conduct an in- information available, the committee shall ity which is indistinguishable in all its mate- vestigation of the matter, including an in- keep a written record showing, in the case of rial aspects from the transaction or activity vestigation of reports and statements filed any particular information, which com- with respect to which such advisory opinion by that complainant with respect to the mittee or which Members of the Senate re- is rendered. matter which is the subject of the complaint. ceived such information. No Member of the (7) Any advisory opinion issued in response The committee shall afford to the person Senate who, and no committee which, re- to a request under paragraph (3) or (4) shall who is the subject of the complaint due no- ceives any information under this sub- be printed in the Congressional Record with tice and, if it determines that there is sub- section, shall disclose such information ex- appropriate deletions to assure the privacy stantial reason to believe that such violation cept in a closed session of the Senate. of the individual concerned. The Select Com- has occurred or is about to occur, oppor- (d) It shall be the duty of the Select Com- mittee shall, to the extent practicable, be- tunity for all parties to participate in a mittee on Standards and Conduct to inves- fore rendering an advisory opinion, provide hearing before the select committee. The se- tigate any unauthorized disclosure of intel- any interested party with an opportunity to lect committee shall issue a written decision ligence information by a Member, officer or transmit written comments to the Select on each complaint under this subsection not employee of the Senate in violation of sub- Committee with respect to the request for later than thirty days after such a complaint section (c) and to report to the Senate con- such advisory opinion. The advisory opinions has been filed or, if a hearing is held, not cerning any allegation which it finds to be issued by the Select Committee shall be later than thirty days after the conclusion of substantiated. (e) Upon the request of any person who is compiled, indexed, reproduced, and made such hearing. Such decision shall be based on subject to any such investigation, the Select available on a periodic basis. written findings of fact in the case by the se- Committee on Standards and Conduct shall (8) A brief description of a waiver granted lect committee. If the select committee release to such individual at the conclusion under paragraph 2(c) [NOTE: Now Paragraph finds, in its written decision, that a violation of its investigation a summary of its inves- 1] of rule XXXIV or paragraph 1 of rule has occurred or is about to occur, the com- tigation together with its findings. If, at the XXXV of the Standing Rules of the Senate mittee may take such action and enforce- conclusion of its investigation, the Select shall be made available upon request in the ment as it considers appropriate in accord- Committee on Standards and Conduct deter- Select Committee office with appropriate de- ance with applicable rules, precedents, and mines that there has been a significant letions to assure the privacy of the indi- standing orders of the Senate, and such breach of confidentiality or unauthorized vidual concerned. other standards as may be prescribed by such disclosure by a Member, officer, or employee SEC. 4. The expenses of the Select Com- committee. of the Senate, it shall report its findings to mittee under this resolution shall be paid (c) Notwithstanding any other provision of the Senate and recommend appropriate ac- from the contingent fund of the Senate upon law, no court or administrative body in the tion such as censure, removal from com- vouchers approved by the chairman of the United States or in any territory thereof mittee membership, or expulsion from the Select Committee. shall have jurisdiction to entertain any civil Senate, in the case of a Member, or removal SEC. 5. As used in this resolution, the term action of any character concerning or re- from office or employment or punishment ‘‘officer or employee of the Senate’’ means— lated to a violation of the franking laws or for contempt, in the case of an officer or em- (1) an elected officer of the Senate who is an abuse of the franking privilege by any ployee. not a Member of the Senate; person listed under subsection (a) of this sec- SUBPART D—RELATING TO RECEIPT AND DIS- (2) an employee of the Senate, any com- tion as entitled to send mail as franked mail, POSITION OF FOREIGN GIFTS AND DECORA- mittee or subcommittee of the Senate, or until a complaint has been filed with the se- TIONS RECEIVED BY MEMBERS, OFFICERS AND any Member of the Senate; lect committee and the committee has ren- EMPLOYEES OF THE SENATE OR THEIR (3) the Legislative Counsel of the Senate or dered a decision under subsection (b) of this SPOUSES OR DEPENDENTS, PROVISIONS RELAT- any employee of his office; section. ING TO THE SELECT COMMITTEE ON ETHICS (4) an Official Reporter of Debates of the (d) The select committee shall prescribe Senate and any person employed by the Offi- regulations for the holding of investigations Section 7342 of title 5, United States Code, cial Reporters of Debates of the Senate in and hearings, the conduct of proceedings, states as follows: connection with the performance of their of- and the rendering of decisions under this SEC. 7342. Receipt and disposition of for- ficial duties; subsection providing for equitable proce- eign gifts and decorations. ‘‘(a) For the purpose of this section— (5) a Member of the Capitol Police force dures and the protection of individual, pub- ‘‘(1) ‘employee’ means— whose compensation is disbursed by the Sec- lic, and Government interests. The regula- ‘‘(A) an employee as defined by section 2105 retary of the Senate; tions shall, insofar as practicable, contain of this title and an officer or employee of the (6) an employee of the Vice President if the substance of the administrative proce- United States Postal Service or of the Postal such employee’s compensation is disbursed dure provisions of sections 551–559 and 701– Rate Commission; by the Secretary of the Senate; and 706, of title 5, United States Code. These reg- ‘‘(B) an expert or consultant who is under (7) an employee of a joint committee of the ulations shall govern matters under this sub- contract under section 3109 of this title with Congress whose compensation is disbursed by section subject to judicial review thereof. the United States or any agency, depart- the Secretary of the Senate. (e) The select committee shall keep a com- ment, or establishment thereof, including, in SUBPART—PUBLIC LAW 93–191—FRANKED MAIL, plete record of all its actions, including a the case of an organization performing serv- PROVISIONS RELATING TO THE SELECT COM- record of the votes on any question on which ices under such section, any individual in- MITTEE a record vote is demanded. All records, data, volved in the performance of such services; and files of the select committee shall be the ‘‘(C) an individual employed by, or occu- SEC. 6. (a) The Select Committee on Stand- ards and Conduct of the Senate [NOTE: Now property of the Senate and shall be kept in pying an office or position in, the govern- the Select Committee on Ethics] shall pro- the offices of the select committee or such ment of a territory or possession of the vide guidance, assistance, advice and coun- other places as the committee may direct. United States or the government of the Dis- sel, through advisory opinions or consulta- SUBPART C—STANDING ORDERS OF THE SENATE trict of Columbia; REGARDING UNAUTHORIZED DISCLOSURE OF ‘‘(D) a member of a uniformed service; tions, in connection with the mailing or con- ‘‘(E) the President and the Vice President; INTELLIGENCE INFORMATION, S. RES. 400, 94TH templated mailing of franked mail under sec- ‘‘(F) a Member of Congress as defined by CONGRESS, PROVISIONS RELATING TO THE SE- tion 3210, 3211, 3212, 3218(2) or 3218, and in section 2106 of this title (except the Vice LECT COMMITTEE connection with the operation of section President) and any Delegate to the Congress; 3215, of title 39, United States Code, upon the SEC. 8. * * * and request of any Member of the Senate or (c)(1) No information in the possession of ‘‘(G) the spouse of an individual described Member-elect, surviving spouse of any of the the select committee relating to the lawful in subparagraphs (A) through (F) (unless foregoing, or other Senate official, entitled intelligence activities of any department or such individual and his or her spouse are sep- to send mail as franked mail under any of agency of the United States which has been arated) or a dependent (within the meaning those sections. The select committee shall classified under established security proce- of section 152 of the Internal Revenue Code prescribe regulations governing the proper dures and which the select committee, pur- of 1986) of such an individual, other than a use of the franking privilege under those sec- suant to subsection (a) or (b) of this section, spouse or dependent who is an employee tions by such persons. has determined should not be disclosed, shall under subparagraphs (A) through (F); (b) Any complaint filed by any person with be made available to any person by a Mem- ‘‘(2) ‘foreign government’ means— the select committee that a violation of any ber, officer, or employee of the Senate except ‘‘(A) any unit of foreign governmental au- section of title 39, United State Code, re- in a closed session of the Senate or as pro- thority, including any foreign national, ferred to in subsection (a) of this section is vided in paragraph (2). State, local, and municipal government;

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2257 ‘‘(B) any international or multinational or- ‘‘(B) subject to the approval of the employ- affect the foreign relations of the United ganization whose membership is composed of ing agency, deposit the gift with that agency States. any unit of foreign government described in for official use. Within 30 days after termi- ‘‘(f)(1) Not later than January 31 of each subparagraph (A); and nating the official use of a gift under sub- year, each employing agency or its delegate ‘‘(C) any agent or representative of any paragraph (B), the employing agency shall shall compile a listing of all statements filed such unit or such organization, while acting forward the gift to the Administrator of Gen- during the preceding year by the employees as such; eral Services in accordance with subsection of that agency pursuant to subsection (c)(3) ‘‘(3) ‘gift’ means a tangible or intangible (e)(1) or provide for its disposal in accord- and shall transmit such listing to the Sec- present (other than a decoration) tendered ance with subsection (e)(2). retary of State who shall publish a com- by, or received from, a foreign government; ‘‘(3) When an employee deposits a gift of prehensive listing of all such statements in ‘‘(4) ‘decoration’ means an order, device, more than minimal value for disposal or for the Federal Register. medal, badge, insignia, emblem, or award official use pursuant to paragraph (2), or ‘‘(2) Such listings shall include for each tendered by, or received from, a foreign gov- within 30 days after accepting travel or trav- tangible gift reported— ernment; el expenses as provided in paragraph ‘‘(A) the name and position of the em- ‘‘(5) ‘minimal value’ means a retail value (1)(B)(ii) unless such travel or travel ex- ployee; in the United States at the time of accept- penses are accepted in accordance with spe- ‘‘(B) a brief description of the gift and the ance of $100 or less, except that— cific instructions of his or her employing circumstances justifying acceptance; ‘‘(A) on January 1, 1981, and at 3 year inter- agency, the employee shall file a statement ‘‘(C) the identity, if known, of the foreign vals thereafter, ‘minimal value’ shall be re- with his or her employing agency or its dele- government and the name and position of defined in regulations prescribed by the Ad- gate containing the information prescribed the individual who presented the gift; ministrator of General Services, in consulta- in subsection (f) for that gift. ‘‘(D) the date of acceptance of the gift; tion with the Secretary of State, to reflect ‘‘(d) The Congress consents to the accept- ‘‘(E) the estimated value in the United changes in the consumer price index for the ing, retaining, and wearing by an employee States of the gift at the time of acceptance; immediately preceding 3-year period; and of a decoration tendered in recognition of ac- and ‘‘(B) regulations of an employing agency tive field service in time of combat oper- ‘‘(F) disposition or current location of the may define ‘minimal value’ for its employees ations or awarded for other outstanding or gift. to be less than the value established under unusually meritorious performance, subject ‘‘(3) Such listings shall include for each this paragraph; and to the approval of the employing agency of gift of travel or travel expenses— ‘‘(6) ‘employing agency’ means— such employee. Without this approval, the ‘‘(A) the name and position of the em- ‘‘(A) the Committee on Standards of Offi- decoration is deemed to have been accepted ployee; cial Conduct of the House of Representa- on behalf of the United States, shall become ‘‘(B) a brief description of the gift and the tives, for Members and employees of the the property of the United States, and shall circumstances justifying acceptance; and House of Representatives, except that those be deposited by the employee, within sixty ‘‘(C) the identity, if known, of the foreign responsibilities specified in subsections days of acceptance, with the employing government and the name and position of (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried agency for official use, for forwarding to the the individual who presented the gift. out by the Clerk of the House; Administrator of General Services for dis- ‘‘(4) In transmitting such listings for the ‘‘(B) the Select Committee on Ethics of the posal in accordance with subsection (e)(1), or Central Intelligence Agency, the Director of Senate, for Senators and employees of the for disposal in accordance with subsection Central Intelligence may delete the informa- Senate, except that those responsibilities (e)(2). tion described in subparagraphs (A) and (C) (other than responsibilities involving ap- ‘‘(e)(1) Except as provided in paragraph (2), of paragraphs (2) and (3) if the Director cer- proval of the employing agency) specified in gifts and decorations that have been depos- tifies in writing to the Secretary of State subsections (c)(2),(d), and (g)(2)(B) shall be ited with an employing agency for disposal that the publication of such information carried out by the Secretary of the Senate; shall be (A) returned to the donor, or (B) for- could adversely affect United States intel- ‘‘(C) the Administrative Office of the warded to the Administrator of General ligence sources. United States Courts, for judges and judicial Services for transfer, donation, or other dis- ‘‘(g)(1) Each employing agency shall pre- branch employees; and posal in accordance with the provisions of scribe such regulations as may be necessary ‘‘(D) the department, agency, office, or the Federal Property and Administrative to carry out the purpose of this section. For other entity in which an employee is em- Services Act of 1949. However, no gift or all employing agencies in the executive ployed, for other legislative branch employ- decoration that has been deposited for dis- branch, such regulations shall be prescribed ees and for all executive branch employees. posal may be sold without the approval of pursuant to guidance provided by the Sec- ‘‘(b) An employee may not— the Secretary of State, upon a determination ‘‘(1) request or otherwise encourage the retary of State. These regulations shall be that the sale will not adversely affect the tender of a gift or decoration; or implemented by each employing agency for ‘‘(2) accept a gift or decoration, other than foreign relations of the United States. Gifts its employees. in accordance with, the provisions of sub- and decorations may be sold by negotiated ‘‘(2) Each employing agency shall— sections (c) and (d). sale. ‘‘(A) report to the Attorney General cases ‘‘(2) Gifts and decorations received by a ‘‘(c)(1) The Congress consents to— in which there is reason to believe that an ‘‘(A) the accepting and retaining by an em- Senator or an employee of the Senate that employee has violated this section; ployee of a gift of minimal value tendered are deposited with the Secretary of the Sen- ‘‘(B) establish a procedure for obtaining an and received as a souvenir or mark of cour- ate for disposal, or are deposited for an offi- appraisal, when necessary, of the value of tesy; and cial use which has terminated, shall be dis- gifts; and ‘‘(B) the accepting by an employee of a gift posed of by the Commission on Arts and An- ‘‘(C) take any other actions necessary to of more than minimal value when such gift tiquities of the United States Senate. Any carry out the purpose of this section. is in the nature of an educational scholar- such gift or decoration may be returned by ‘‘(h) The Attorney General may bring a ship or medical treatment or when it appears the Commission to the donor or may be civil action in any district court of the that to refuse the gift would likely cause of- transferred or donated by the Commission, United States against any employee who fense or embarrassment or otherwise ad- subject to such terms and conditions as it knowingly solicits or accepts a gift from a versely affect the foreign relations of the may prescribe, (A) to an agency or instru- foreign government not consented to by this United States, except that mentality of (i) the United States, (ii) a section or who fails to deposit or report such ‘‘(i) a tangible gift of more than minimal State, territory, or possession of the United gift as required by this section. The court in value is deemed to have been accepted on be- States, or a political subdivision of the fore- which such action is brought may assess a half of the United States and, upon accept- going, or (iii) the District of Columbia, or (B) penalty against such employee in any ance, shall become the property of the to an organization described in section amount not to exceed the retail value of the United States; and 501(c)(3) of the Internal Revenue Code of 1986 gift improperly solicited or received plus ‘‘(ii) an employee may accept gifts of trav- which is exempt from taxation under section $5,000. el or expenses for travel taking place en- 501(a) of such Code. Any such gift or decora- ‘‘(i) The President shall direct all Chiefs of tirely outside the United States (such as tion not disposed of as provided in the pre- a United States Diplomatic Mission to in- transportation, food, and lodging) of more ceding sentence shall be forwarded to the Ad- form their host governments that it is a gen- than minimal value if such acceptance is ap- ministrator of General Services for disposal eral policy of the United States Government propriate, consistent with the interests of in accordance with paragraph (1). If the Ad- to prohibit United States Government em- the United States, and permitted by the em- ministrator does not dispose of such gift or ployees from receiving gifts or decorations of ploying agency and any regulations which decoration within one year, he shall, at the more than minimal value. may be prescribed by the employing agency. request of the Commission, return it to the ‘‘(j) Nothing in this section shall be con- ‘‘(2) Within 60 days after accepting a tan- Commission and the Commission may dis- strued to derogate any regulation prescribed gible gift of more than minimal value (other pose of such gift or decoration in such man- by any employing agency which provides for than a gift described in paragraph (1)(B)(ii)), ner as it considers proper, except that such more stringent limitations on the receipt of an employee shall— gift or decoration may be sold only with the gifts and decorations by its employees. ‘‘(A) deposit the gift for disposal with his approval of the Secretary of State upon a de- ‘‘(k) The provisions of this section do not or her employing agency; or termination that the sale will not adversely apply to grants and other forms of assistance

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2258 CONGRESSIONAL RECORD — SENATE February 27, 2007 to which section 108A of the Mutual Edu- side the presence of a Member under Rule 6, Committee. Whenever the Chairman or Vice cational and Cultural Exchange Act of 1961 one Member shall constitute a quorum for Chairman is authorized to make any deter- applies.’’ hearing testimony, provided that all Mem- mination, then the determination may be re- PART II: SUPPLEMENTARY PROCEDURAL RULES bers have been given notice of the hearing leased at his or her discretion. Each member and the Chairman has designated a Member of the Committee shall be given a reasonable RULE 1: GENERAL PROCEDURES of the Majority Party and the Vice Chairman opportunity to have separate views included (a) OFFICERS.—In the absence of the Chair- has designated a Member of the Minority as part of any Committee report. (See Rule 8 man, the duties of the Chair shall be filled by Party to be in attendance, either of whom in on Procedures for Handling Committee Sen- the Vice Chairman or, in the Vice Chair- the absence of the other may constitute the sitive and Classified Materials.) man’s absence, a Committee member des- quorum. (k) INELIGIBILITY OR DISQUALIFICATION OF ignated by the Chairman. (e) ORDER OF BUSINESS.—Questions as to MEMBERS AND STAFF.— (b) PROCEDURAL RULES.—The basic proce- the order of business and the procedure of (1) A member of the Committee shall be in- dural rules of the Committee are stated as a the Committee shall in the first instance be eligible to participate in any Committee pro- part of the Standing Orders of the Senate in decided by the Chairman and Vice Chairman, ceeding that relates specifically to any of Senate Resolution 338, 88th Congress, as subject to reversal by a vote by a majority of the following: amended, as well as other resolutions and the Committee. (A) a preliminary inquiry or adjudicatory laws. Supplementary Procedural Rules are (f) HEARINGS ANNOUNCEMENTS.—The Com- review relating to (i) the conduct of (I) such stated herein and are hereinafter referred to mittee shall make public announcement of member; (II) any officer or employee the as the Rules. The Rules shall be published in the date, place and subject matter of any member supervises; or (ii) any complaint the Congressional Record not later than hearing to be conducted by it at least one filed by the member; and thirty days after adoption, and copies shall week before the commencement of that hear- (B) the determinations and recommenda- be made available by the Committee office ing, and shall publish such announcement in tions of the Committee with respect to any upon request. the Congressional Record. If the Committee preliminary inquiry or adjudicatory review (c) MEETINGS.— determines that there is good cause to com- described in subparagraph (A). (1) The regular meeting of the Committee mence a hearing at an earlier date, such no- For purposes of this paragraph, a member shall be the first Thursday of each month tice will be given at the earliest possible of the committee and an officer of the Sen- while the Congress is in session. time. ate shall be deemed to supervise any officer (2) Special meetings may be held at the (g) OPEN AND CLOSED COMMITTEE MEET- or employee consistent with the provision of call of the Chairman or Vice Chairman if at INGS.—Meetings of the Committee shall be paragraph 12 of rule XXXVII of the Standing least forty-eight hours notice is furnished to open to the public or closed to the public (ex- Rules of the Senate. all members. If all members agree, a special ecutive session), as determined under the (2) If any Committee proceeding appears to meeting may be held on less than forty-eight provisions of paragraphs 5 (b) to (d) of rule relate to a member of the Committee in a hours notice. XXVI of the Standing Rules of the Senate. manner described in subparagraph (1) of this (3) (A) If any member of the Committee de- Executive session meetings of the Com- paragraph, the staff shall prepare a report to sires that a special meeting of the Com- mittee shall be closed except to the members the Chairman and Vice Chairman. If either mittee be called, the member may file in the and the staff of the Committee. On the mo- the Chairman or the Vice Chairman con- office of the Committee a written request to tion of any member, and with the approval of cludes from the report that it appears that the Chairman or Vice Chairman for that spe- a majority of the Committee members the member may be ineligible, the member cial meeting. present, other individuals may be admitted shall be notified in writing of the nature of (B) Immediately upon the filing of the re- to an executive session meeting for a specific the particular proceeding and the reason quest the Clerk of the Committee shall no- period or purpose. that it appears that the member may be in- tify the Chairman and Vice Chairman of the (h) RECORD OF TESTIMONY AND COMMITTEE eligible to participate in it. If the member filing of the request. If, within three cal- ACTION.—An accurate stenographic or tran- agrees that he or she is ineligible, the mem- endar days after the filing of the request, the scribed electronic record shall be kept of all ber shall so notify the Chairman or Vice Chairman or the Vice Chairman does not call Committee proceedings, whether in execu- Chairman. If the member believes that he or the requested special meeting, to be held tive or public session. Such record shall in- she is not ineligible, he or she may explain within seven calendar days after the filing of clude Senators’ votes on any question on the reasons to the Chairman and Vice Chair- the request, any three of the members of the which a recorded vote is held. The record of man, and if they both agree that the member Committee may file their written notice in a witness’s testimony, whether in public or is not ineligible, the member shall continue the office of the Committee that a special executive session, shall be made available for to serve. But if either the Chairman or Vice meeting of the Committee will be held at a inspection to the witness or his counsel Chairman continues to believe that the specified date and hour; such special meeting under Committee supervision; a copy of any member is ineligible, while the member be- may not occur until forty-eight hours after testimony given by that witness in public lieves that he or she is not ineligible, the the notice is filed. The Clerk shall imme- session, or that part of the testimony given matter shall be promptly referred to the diately notify all members of the Committee by the witness in executive session and sub- Committee. The member shall present his or of the date and hour of the special meeting. sequently quoted or made part of the record her arguments to the Committee in execu- The Committee shall meet at the specified in a public session shall be made available to tive session. Any contested questions con- date and hour. any witness if he so requests. (See Rule 5 on cerning a member’s eligibility shall be de- (d) QUORUM.— Procedures for Conducting Hearings.) cided by a majority vote of the Committee, (1) A majority of the members of the Select (i) SECRECY OF EXECUTIVE TESTIMONY AND meeting in executive session, with the mem- Committee shall constitute a quorum for the ACTION AND OF COMPLAINT PROCEEDINGS.— ber in question not participating. transaction of business involving complaints (1) All testimony and action taken in exec- (3) A member of the Committee may, at or allegations of, or information about, mis- utive session shall be kept secret and shall the discretion of the member, disqualify conduct, including resulting preliminary in- not be released outside the Committee to himself or herself from participating in any quiries, adjudicatory reviews, recommenda- any individual or group, whether govern- preliminary inquiry or adjudicatory review tions or reports, and matters relating to mental or private, without the approval of a pending before the Committee and the deter- Senate Resolution 400, agreed to May 19, majority of the Committee. minations and recommendations of the Com- 1976. (2) All testimony and action relating to a mittee with respect to any such preliminary (2) Three members shall constitute a complaint or allegation shall be kept secret inquiry or adjudicatory review. quorum for the transaction of the routine and shall not be released by the Committee (4) Whenever any member of the Com- business of the Select Committee not cov- to any individual or group, whether govern- mittee is ineligible under paragraph (1) to ered by the first subparagraph of this para- mental or private, except the respondent, participate in any preliminary inquiry or ad- graph, including requests for opinions and without the approval of a majority of the judicatory review, or disqualifies himself or interpretations concerning the Code of Offi- Committee, until such time as a report to herself under paragraph (3) from partici- cial Conduct or any other statute or regula- the Senate is required under Senate Resolu- pating in any preliminary inquiry or adju- tion under the jurisdiction of the Select tion 338, 88th Congress, as amended, or unless dicatory review, another Senator shall be ap- Committee, if one member of the quorum is otherwise permitted under these Rules. (See pointed by the Senate to serve as a member a Member of the Majority Party and one Rule 8 on Procedures for Handling Com- of the Committee solely for purposes of such member of the quorum is a Member of the mittee Sensitive and Classified Materials.) preliminary inquiry or adjudicatory review Minority Party. During the transaction of (j) RELEASE OF REPORTS TO PUBLIC.—No in- and the determinations and recommenda- routine business any member of the Select formation pertaining to, or copies of any tions of the Committee with respect to such Committee constituting the quorum shall Committee report, study, or other document preliminary inquiry or adjudicatory review. have the right to postpone further discussion which purports to express the view, findings, Any member of the Senate appointed for of a pending matter until such time as a ma- conclusions or recommendations of the Com- such purposes shall be of the same party as jority of the members of the Select Com- mittee in connection with any of its activi- the member who is ineligible or disqualifies mittee are present. ties or proceedings may be released to any himself or herself. (3) Except for an adjudicatory hearing individual or group whether governmental or (5) The President of the Senate shall be under Rule 5 and any deposition taken out- private, without the authorization of the given written notice of the ineligibility or

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2259 disqualification of any member from any tion or information, alleging that any Sen- inquiry is conducted jointly by the Chairman preliminary inquiry, adjudicatory review, or ator, or officer, or employee of the Senate and Vice Chairman or by the Committee as other proceeding requiring the appointment has violated a law, the Senate Code of Offi- a whole, the day to day supervision of a pre- of another member in accordance with sub- cial Conduct, or any rule or regulation of the liminary inquiry rests with the Chairman paragraph (k)(4). Senate relating to the conduct of any indi- and Vice Chairman, acting jointly. (6) A member of the Committee staff shall vidual in the performance of his or her duty (2) A preliminary inquiry may include any be ineligible to participate in any Com- as a Member, officer, or employee of the Sen- inquiries, interviews, sworn statements, mittee proceeding that the staff director or ate, or has engaged in improper conduct depositions, or subpoenas deemed appro- outside counsel determines relates specifi- which may reflect upon the Senate. Such priate to obtain information upon which to cally to any of the following: complaints or allegations or information make any determination provided for by this (A) the staff member’s own conduct; may be reported to the Chairman, the Vice Rule. (B) the conduct of any employee that the Chairman, a Committee member, or a Com- (d) OPPORTUNITY FOR RESPONSE.—A pre- staff member supervises; mittee staff member. liminary inquiry may include an opportunity (C) the conduct of any member, officer or (b) SOURCE OF COMPLAINT, ALLEGATION, OR for any known respondent or his or her des- employee for whom the staff member has INFORMATION.—Complaints, allegations, and ignated representative to present either a worked for any substantial period; or information to be reported to the Committee written or oral statement, or to respond (D) a complaint, sworn or unsworn, that may be obtained from a variety of sources, orally to questions from the Committee. was filed by the staff member. At the direc- including but not limited to the following: Such an oral statement or answers shall be tion or with the consent of the staff director (1) sworn complaints, defined as a written transcribed and signed by the person pro- or outside counsel, a staff member may also statement of facts, submitted under penalty viding the statement or answers. be disqualified from participating in a Com- of perjury, within the personal knowledge of (e) STATUS REPORTS.—The Committee staff mittee proceeding in other circumstances the complainant alleging a violation of law, or outside counsel shall periodically report not listed above. the Senate Code of Official Conduct, or any to the Committee in the form and according (l) RECORDED VOTES.—Any member may re- other rule or regulation of the Senate relat- to the schedule prescribed by the Committee. quire a recorded vote on any matter. ing to the conduct of individuals in the per- The reports shall be confidential. (m) PROXIES; RECORDING VOTES OF ABSENT formance of their duties as members, offi- (f) FINAL REPORT.—When the preliminary MEMBERS.— cers, or employees of the Senate; inquiry is completed, the staff or outside (1) Proxy voting shall not be allowed when (2) anonymous or informal complaints; counsel shall make a confidential report, the question before the Committee is the ini- (3) information developed during a study or oral or written, to the Committee on find- tiation or continuation of a preliminary in- inquiry by the Committee or other commit- ings and recommendations, as appropriate. quiry or an adjudicatory review, or the tees or subcommittees of the Senate, includ- (g) COMMITTEE ACTION.—As soon as prac- issuance of a report or recommendation re- ing information obtained in connection with ticable following submission of the report on lated thereto concerning a Member or officer legislative or general oversight hearings; the preliminary inquiry, the Committee of the Senate. In any such case an absent (4) information reported by the news shall determine by a recorded vote whether member’s vote may be announced solely for media; or there is substantial credible evidence which the purpose of recording the member’s posi- (5) information obtained from any indi- provides substantial cause for the Com- tion and such announced votes shall not be vidual, agency or department of the execu- mittee to conclude that a violation within counted for or against the motion. tive branch of the Federal Government. the jurisdiction of the Committee has oc- (2) On matters other than matters listed in (c) FORM AND CONTENT OF COMPLAINTS.—A curred. The Committee may make any of the paragraph (m)(1) above, the Committee may complaint need not be sworn nor must it be following determinations: order that the record be held open for the in any particular form to receive Committee (1) The Committee may determine that vote of absentees or recorded proxy votes if consideration, but the preferred complaint there is not such substantial credible evi- the absent Committee member has been in- will: dence and, in such case, the Committee shall formed of the matter on which the vote oc- (1) state, whenever possible, the name, ad- dismiss the matter. The Committee, or curs and has affirmatively requested of the dress, and telephone number of the party fil- Chairman and Vice Chairman acting jointly Chairman or Vice Chairman in writing that ing the complaint; on behalf of the Committee, may dismiss any he be so recorded. (2) provide the name of each member, offi- matter which, after a preliminary inquiry, is (3) All proxies shall be in writing, and shall cer or employee of the Senate who is specifi- determined to lack substantial merit. The be delivered to the Chairman or Vice Chair- cally alleged to have engaged in improper Committee shall inform the complainant of man to be recorded. conduct or committed a violation; the dismissal. (4) Proxies shall not be considered for the (3) state the nature of the alleged improper (2) The Committee may determine that purpose of establishing a quorum. conduct or violation; there is such substantial credible evidence, (n) APPROVAL OF BLIND TRUSTS AND FOR- (4) supply all documents in the possession but that the alleged violation is inadvertent, EIGN TRAVEL REQUESTS BETWEEN SESSIONS of the party filing the complaint relevant to technical, or otherwise of a de minimis na- AND DURING EXTENDED RECESSES.—During or in support of his or her allegations as an ture. In such case, the Committee may dis- any period in which the Senate stands in ad- attachment to the complaint. pose of the matter by issuing a public or pri- journment between sessions of the Congress RULE 3: PROCEDURES FOR CONDUCTING A vate letter of admonition, which shall not be or stands in a recess scheduled to extend be- PRELIMINARY INQUIRY considered discipline and which shall not be yond fourteen days, the Chairman and Vice subject to appeal to the Senate. The issuance (a) DEFINITION OF PRELIMINARY INQUIRY.—A Chairman, or their designees, acting jointly, of a letter of admonition must be approved ‘‘preliminary inquiry’’ is a proceeding under- are authorized to approve or disapprove blind by the affirmative recorded vote of no fewer taken by the Committee following the re- trusts under the provision of rule XXXIV. than four members of the Committee voting. ceipt of a complaint or allegation of, or in- (o) COMMITTEE USE OF SERVICES OR EM- (3) The Committee may determine that formation about, misconduct by a Member, PLOYEES OF OTHER AGENCIES AND DEPART- there is such substantial credible evidence officer, or employee of the Senate to deter- MENTS.—With the prior consent of the de- and that the matter cannot be appropriately mine whether there is substantial credible partment or agency involved, the Committee disposed of under paragraph (2). In such case, evidence which provides substantial cause may (1) utilize the services, information, or the Committee shall promptly initiate an for the Committee to conclude that a viola- facilities of any such department or agency adjudicatory review in accordance with Rule tion within the jurisdiction of the Com- of the Government, and (2) employ on a re- 4. No adjudicatory review of conduct of a mittee has occurred. imbursable basis or otherwise the services of Member, officer, or employee of the Senate (b) BASIS FOR PRELIMINARY INQUIRY.—The such personnel of any such department or may be initiated except by the affirmative Committee shall promptly commence a pre- agency as it deems advisable. With the con- recorded vote of not less than four members liminary inquiry whenever it has received a sent of any other committee of the Senate, of the Committee. sworn complaint, or other allegation of, or or any subcommittee, the Committee may information about, alleged misconduct or RULE 4: PROCEDURES FOR CONDUCTING AN utilize the facilities and the services of the violations pursuant to Rule 2. ADJUDICATORY REVIEW staff of such other committee or sub- (c) SCOPE OF PRELIMINARY INQUIRY.— (a) DEFINITION OF ADJUDICATORY REVIEW.— committee whenever the Chairman and Vice (1) The preliminary inquiry shall be of such An ‘‘adjudicatory review’’ is a proceeding un- Chairman of the Committee, acting jointly, duration and scope as is necessary to deter- dertaken by the Committee after a finding, determine that such action is necessary and mine whether there is substantial credible on the basis of a preliminary inquiry, that appropriate. evidence which provides substantial cause there is substantial cause for the Committee RULE 2: PROCEDURES FOR COMPLAINTS, for the Committee to conclude that a viola- to conclude that a violation within the juris- ALLEGATIONS, OR INFORMATION tion within the jurisdiction of the Com- diction of the Committee has occurred. (a) COMPLAINT, ALLEGATION, OR INFORMA- mittee has occurred. The Chairman and Vice (b) SCOPE OF ADJUDICATORY REVIEW.—When TION.—Any member or staff member of the Chairman, acting jointly, on behalf of the the Committee decides to conduct an adju- Committee shall report to the Committee, Committee may supervise and determine the dicatory review, it shall be of such duration and any other person may report to the Com- appropriate duration, scope, and conduct of a and scope as is necessary for the Committee mittee, a sworn complaint or other allega- preliminary inquiry. Whether a preliminary to determine whether a violation within its

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jurisdiction has occurred. An adjudicatory Member’s seniority or positions of responsi- (c) ADJUDICATORY HEARINGS.—The Com- review shall be conducted by outside counsel bility, or a combination of these; mittee may, by the recorded vote of not less as authorized by section 3(b)(1) of Senate (ii) In the case of an officer or employee, a than four members of the Committee, des- Resolution 338 unless the Committee deter- recommendation to the Senate of dismissal, ignate any public or executive hearing as an mines not to use outside counsel. In the suspension, payment of restitution, or a adjudicatory hearing; and any hearing which course of the adjudicatory review, designated combination of these; is concerned with possible disciplinary ac- outside counsel, or if the Committee deter- (iii) In the case where the Committee de- tion against a respondent or respondents des- mines not to use outside counsel, the Com- termines, after according to the Member, of- ignated by the Committee shall be an adju- mittee or its staff, may conduct any inquir- ficer, or employee due notice and oppor- dicatory hearing. In any adjudicatory hear- ies or interviews, take sworn statements, use tunity for a hearing, that misconduct oc- ing, the procedures described in paragraph (j) compulsory process as described in Rule 6, or curred warranting discipline less serious shall apply. take any other actions that the Committee than discipline by the full Senate, and sub- (d) SUBPOENA POWER.—The Committee may deems appropriate to secure the evidence ject to the provisions of paragraph (h) of this require, by subpoena or otherwise, the at- necessary to make a determination. rule relating to appeal, by a unanimous vote tendance and testimony of such witnesses (c) NOTICE TO RESPONDENT.—The Com- of six members order that a Member, officer and the production of such correspondence, mittee shall give written notice to any or employee be reprimanded or pay restitu- books, papers, documents or other articles as known respondent who is the subject of an tion or both; it deems advisable. (See Rule 6.) (e) NOTICE OF HEARINGS.—The Committee adjudicatory review. The notice shall be sent (iv) In the case where the Committee de- shall make public an announcement of the to the respondent no later than five working termines that misconduct is inadvertent, date, place, and subject matter of any hear- days after the Committee has voted to con- technical, or otherwise of a de minimis na- ture, issue a public or private letter of admo- ing to be conducted by it, in accordance with duct an adjudicatory review. The notice Rule 1(f). shall include a statement of the nature of nition to a Member, officer or employee, which shall not be subject to appeal to the (f) PRESIDING OFFICER.—The Chairman the possible violation, and description of the shall preside over the hearings, or in his ab- evidence indicating that a possible violation Senate. (3) In the case where the Committee deter- sence the Vice Chairman. If the Vice Chair- occurred. The Committee may offer the re- mines, upon consideration of all the evi- man is also absent, a Committee member spondent an opportunity to present a state- dence, that the facts do not warrant a find- designated by the Chairman shall preside. If ment, orally or in writing, or to respond to ing that there is substantial credible evi- an oath or affirmation is required, it shall be questions from members of the Committee, dence which provides substantial cause for administered to a witness by the Presiding the Committee staff, or outside counsel. Officer, or in his absence, by any Committee (d) RIGHT TO A HEARING.—The Committee the Committee to conclude that a violation within the jurisdiction of the Committee has member. shall accord a respondent an opportunity for (g) WITNESSES.— a hearing before it recommends disciplinary occurred, the Committee may dismiss the (1) A subpoena or other request to testify action against that respondent to the Senate matter. shall be served on a witness sufficiently in (4) Promptly, after the conclusion of the or before it imposes an order of restitution advance of his or her scheduled appearance adjudicatory review, the Committee’s report or reprimand (not requiring discipline by the to allow the witness a reasonable period of and recommendation, if any, shall be for- full Senate). time, as determined by the Committee, to (e) PROGRESS REPORTS TO COMMITTEE.—The warded to the Secretary of the Senate, and a prepare for the hearing and to employ coun- Committee staff or outside counsel shall pe- copy shall be provided to the complainant sel if desired. riodically report to the Committee con- and the respondent. The full report and rec- (2) The Committee may, by recorded vote cerning the progress of the adjudicatory re- ommendation, if any, shall be printed and of not less than four members of the Com- view. Such reports shall be delivered to the made public, unless the Committee deter- mittee, rule that no member of the Com- Committee in the form and according to the mines by the recorded vote of not less than mittee or staff or outside counsel shall make schedule prescribed by the Committee, and four members of the Committee that it public the name of any witness subpoenaed shall be confidential. should remain confidential. by the Committee before the date of that (f) FINAL REPORT OF ADJUDICATORY REVIEW (h) RIGHT OF APPEAL.— witness’s scheduled appearance, except as (1) Any individual who is the subject of a TO COMMITTEE.—Upon completion of an adju- specifically authorized by the Chairman and reprimand or order of restitution, or both, dicatory review, including any hearings held Vice Chairman, acting jointly. pursuant to subsection (g)(2)(iii), may, with- pursuant to Rule 5, the outside counsel or (3) Any witness desiring to read a prepared in 30 days of the Committee’s report to the the staff shall submit a confidential written or written statement in executive or public Senate of its action imposing a reprimand or report to the Committee, which shall detail hearings shall file a copy of such statement order of restitution, or both, appeal to the the factual findings of the adjudicatory re- with the Committee at least two working Senate by providing written notice of the ap- view and which may recommend disciplinary days in advance of the hearing at which the peal to the Committee and the presiding offi- action, if appropriate. Findings of fact of the statement is to be presented. The Chairman cer of the Senate. The presiding officer shall adjudicatory review shall be detailed in this and Vice Chairman shall determine whether cause the notice of the appeal to be printed report whether or not disciplinary action is such statements may be read or placed in the in the Congressional Record and the Senate recommended. record of the hearing. (4) Insofar as practicable, each witness (g) COMMITTEE ACTION.— Journal. (1) As soon as practicable following sub- (2) S. Res. 338 provides that a motion to shall be permitted to present a brief oral mission of the report of the staff or outside proceed to consideration of an appeal pursu- opening statement, if he or she desires to do counsel on the adjudicatory review, the Com- ant to paragraph (1) shall be highly privi- so. IGHT TO TESTIFY.—Any person whose mittee shall prepare and submit a report to leged and not debatable. If the motion to (h) R name is mentioned or who is specifically the Senate, including a recommendation or proceed to consideration of the appeal is identified or otherwise referred to in testi- proposed resolution to the Senate concerning agreed to, the appeal shall be decided on the mony or in statements made by a Committee disciplinary action, if appropriate. A report basis of the Committee’s report to the Sen- member, staff member or outside counsel, or shall be issued, stating in detail the Commit- ate. Debate on the appeal shall be limited to any witness, and who reasonably believes tee’s findings of fact, whether or not discipli- 10 hours, which shall be divided equally be- that the statement tends to adversely affect nary action is recommended. The report tween, and controlled by, those favoring and those opposing the appeal. his or her reputation may— shall also explain fully the reasons under- (1) Request to appear personally before the RULE 5: PROCEDURES FOR HEARINGS lying the Committee’s recommendation con- Committee to testify in his or her own be- cerning disciplinary action, if any. No adju- (a) RIGHT TO HEARING.—The Committee half; or dicatory review of conduct of a Member, offi- may hold a public or executive hearing in (2) File a sworn statement of facts relevant cer or employee of the Senate may be con- any preliminary inquiry, adjudicatory re- to the testimony or other evidence or state- ducted, or report or resolution or rec- view, or other proceeding. The Committee ment of which he or she complained. Such ommendation relating to such an adjudica- shall accord a respondent an opportunity for request and such statement shall be sub- tory review of conduct may be made, except a hearing before it recommends disciplinary mitted to the Committee for its consider- by the affirmative recorded vote of not less action against that respondent to the Senate ation and action. than four members of the Committee. or before it imposes an order of restitution (i) CONDUCT OF WITNESSES AND OTHER (2) Pursuant to S. Res. 338, as amended, or reprimand. (See Rule 4(d).) ATTENDEES.—The Presiding Officer may pun- section 2 (a), subsections (2), (3), and (4), (b) NON-PUBLIC HEARINGS.—The Committee ish any breaches of order and decorum by after receipt of the report prescribed by may at any time during a hearing determine censure and exclusion from the hearings. The paragraph (f) of this rule, the Committee in accordance with paragraph 5(b) of rule Committee, by majority vote, may rec- may make any of the following recommenda- XXVI of the Standing Rules of the Senate ommend to the Senate that the offender be tions for disciplinary action or issue an order whether to receive the testimony of specific cited for contempt of Congress. for reprimand or restitution, as follows: witnesses in executive session. If a witness (j) ADJUDICATORY HEARING PROCEDURES.— (i) In the case of a Member, a recommenda- desires to express a preference for testifying (1) NOTICE OF HEARINGS. A copy of the pub- tion to the Senate for expulsion, censure, in public or in executive session, he or she lic announcement of an adjudicatory hear- payment of restitution, recommendation to shall so notify the Committee at least five ing, required by paragraph (e), shall be fur- a Member’s party conference regarding the days before he or she is scheduled to testify. nished together with a copy of these Rules to

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all witnesses at the time that they are sub- unless privileged under the Federal Rules of RULE 6: SUBPOENAS AND DEPOSITIONS poenaed or otherwise summoned to testify. Evidence. Rules of evidence shall not be ap- (a) SUBPOENAS.— (2) PREPARATION FOR ADJUDICATORY HEAR- plied strictly, but the Presiding Officer shall (1) AUTHORIZATION FOR ISSUANCE.—Sub- INGS.— exclude irrelevant or unduly repetitious tes- poenas for the attendance and testimony of (A) At least five working days prior to the timony. Objections going only to the weight witnesses at depositions or hearings, and commencement of an adjudicatory hearing, that should be given evidence will not justify subpoenas for the production of documents the Committee shall provide the following its exclusion. and tangible things at depositions, hearings, (B) The Presiding Officer shall rule upon information and documents to the respond- or other times and places designated therein, any question of the admissibility of testi- ent, if any: may be authorized for issuance by either (A) mony or other evidence presented to the (i) a list of proposed witnesses to be called a majority vote of the Committee, or (B) the Committee. Such rulings shall be final un- at the hearing; Chairman and Vice Chairman, acting jointly, (ii) copies of all documents expected to be less reversed or modified by a recorded vote at any time during a preliminary inquiry, introduced as exhibits at the hearing; and of not less than four members of the Com- adjudicatory review, or other proceeding. (iii) a brief statement as to the nature of mittee before the recess of that day’s hear- (2) SIGNATURE AND SERVICE.—All subpoenas the testimony expected to be given by each ings. shall be signed by the Chairman or the Vice witness to be called at the hearing. (C) Notwithstanding paragraphs (A) and Chairman and may be served by any person (B) At least two working days prior to the (B), in any matter before the Committee in- eighteen years of age or older, who is des- commencement of an adjudicatory hearing, volving allegations of sexual discrimination, ignated by the Chairman or Vice Chairman. the respondent, if any, shall provide the in- including sexual harassment, or sexual mis- Each subpoena shall be served with a copy of formation and documents described in divi- conduct, by a Member, officer, or employee the Rules of the Committee and a brief state- sions (i), (ii) and (iii) of subparagraph (A) to within the jurisdiction of the Committee, ment of the purpose of the Committee’s pro- the Committee. the Committee shall be guided by the stand- (C) At the discretion of the Committee, the ards and procedures of Rule 412 of the Fed- ceeding. information and documents to be exchanged eral Rules of Evidence, except that the Com- (3) WITHDRAWAL OF SUBPOENA.—The Com- under this paragraph shall be subject to an mittee may admit evidence subject to the mittee, by recorded vote of not less than four appropriate agreement limiting access and provisions of this paragraph only upon a de- members of the Committee, may withdraw disclosure. termination of not less than four members of any subpoena authorized for issuance by it (D) If a respondent refuses to provide the the full Committee that the interests of jus- or authorized for issuance by the Chairman information and documents to the Com- tice require that such evidence be admitted. and Vice Chairman, acting jointly. The mittee (see (A) and (B) of this subparagraph), (7) SUPPLEMENTARY HEARING PROCE- Chairman and Vice Chairman, acting jointly, or if a respondent or other individual vio- DURES.—The Committee may adopt any addi- may withdraw any subpoena authorized for lates an agreement limiting access and dis- tional special hearing procedures that it issuance by them. closure, the Committee, by majority vote, deems necessary or appropriate to a par- (b) DEPOSITIONS.— may recommend to the Senate that the of- ticular adjudicatory hearing. Copies of such (1) PERSONS AUTHORIZED TO TAKE DEPOSI- fender be cited for contempt of Congress. supplementary procedures shall be furnished TIONS.—Depositions may be taken by any (3) SWEARING OF WITNESSES.—All witnesses to witnesses and respondents, and shall be member of the Committee designated by the who testify at adjudicatory hearings shall be made available upon request to any member Chairman and Vice Chairman, acting jointly, sworn unless the Presiding Officer, for good of the public. or by any other person designated by the (k) TRANSCRIPTS.— cause, decides that a witness does not have Chairman and Vice Chairman, acting jointly, (1) An accurate stenographic or recorded including outside counsel, Committee staff, to be sworn. transcript shall be made of all public and ex- (4) RIGHT TO COUNSEL.—Any witness at an other employees of the Senate, or govern- ecutive hearings. Any member of the Com- adjudicatory hearing may be accompanied ment employees detailed to the Committee. mittee, Committee staff member, outside (2) DEPOSITION NOTICES.—Notices for the by counsel of his or her own choosing, who counsel retained by the Committee, or wit- shall be permitted to advise the witness of taking of depositions shall be authorized by ness may examine a copy of the transcript the Committee, or the Chairman and Vice his or her legal rights during the testimony. retained by the Committee of his or her own (5) RIGHT TO CROSS-EXAMINE AND CALL WIT- Chairman, acting jointly, and issued by the remarks and may suggest to the official re- Chairman, Vice Chairman, or a Committee NESSES.— porter any typographical or transcription er- (A) In adjudicatory hearings, any respond- staff member or outside counsel designated rors. If the reporter declines to make the re- by the Chairman and Vice Chairman, acting ent and any other person who obtains the quested corrections, the member, staff mem- permission of the Committee, may person- jointly. Depositions may be taken at any ber, outside counsel or witness may request time during a preliminary inquiry, adjudica- ally or through counsel cross-examine wit- a ruling by the Chairman and Vice Chair- nesses called by the Committee and may call tory review or other proceeding. Deposition man, acting jointly. Any member or witness notices shall specify a time and place for ex- witnesses in his or her own behalf. shall return the transcript with suggested amination. Unless otherwise specified, the (B) A respondent may apply to the Com- corrections to the Committee offices within deposition shall be in private, and the testi- mittee for the issuance of subpoenas for the five working days after receipt of the tran- mony taken and documents produced shall appearance of witnesses or the production of script, or as soon thereafter as is practicable. be deemed for the purpose of these rules to documents on his or her behalf. An applica- If the testimony was given in executive ses- have been received in a closed or executive tion shall be approved upon a concise show- sion, the member or witness may only in- session of the Committee. The Committee ing by the respondent that the proposed tes- spect the transcript at a location determined shall not initiate procedures leading to timony or evidence is relevant and appro- by the Chairman and Vice Chairman, acting criminal or civil enforcement proceedings for priate, as determined by the Chairman and jointly. Any questions arising with respect a witness’s failure to appear, or to testify, or Vice Chairman. to the processing and correction of tran- (C) With respect to witnesses called by a scripts shall be decided by the Chairman and to produce documents, unless the deposition respondent, or other individual given permis- Vice Chairman, acting jointly. notice was accompanied by a subpoena au- sion by the Committee, each such witness (2) Except for the record of a hearing which thorized for issuance by the Committee, or shall first be examined by the party who is closed to the public, each transcript shall the Chairman and Vice Chairman, acting called the witness or by that party’s counsel. be printed as soon as is practicable after re- jointly. (D) At least one working day before a ceipt of the corrected version. The Chairman (3) COUNSEL AT DEPOSITIONS.—Witnesses witness’s scheduled appearance, a witness or and Vice Chairman, acting jointly, may may be accompanied at a deposition by coun- a witness’s counsel may submit to the Com- order the transcript of a hearing to be print- sel to advise them of their rights. mittee written questions proposed to be ed without the corrections of a member or (4) DEPOSITION PROCEDURE.—Witnesses at asked of that witness. If the Committee de- witness if they determine that such member depositions shall be examined upon oath ad- termines that it is necessary, such questions or witness has been afforded a reasonable ministered by an individual authorized by may be asked by any member of the Com- time to correct such transcript and such law to administer oaths, or administered by mittee, or by any Committee staff member if transcript has not been returned within such any member of the Committee if one is directed by a Committee member. The wit- time. present. Questions may be propounded by ness or witness’s counsel may also submit (3) The Committee shall furnish each wit- any person or persons who are authorized to additional sworn testimony for the record ness, at no cost, one transcript copy of that take depositions for the Committee. If a wit- within twenty-four hours after the last day witness’s testimony given at a public hear- ness objects to a question and refuses to tes- that the witness has testified. The insertion ing. If the testimony was given in executive tify, or refuses to produce a document, any of such testimony in that day’s record is sub- session, then a transcript copy shall be pro- member of the Committee who is present ject to the approval of the Chairman and vided upon request, subject to appropriate may rule on the objection and, if the objec- Vice Chairman acting jointly within five conditions and restrictions prescribed by the tion is overruled, direct the witness to an- days after the testimony is received. Chairman and Vice Chairman. If any indi- swer the question or produce the document. (6) ADMISSIBILITY OF EVIDENCE.— vidual violates such conditions and restric- If no member of the Committee is present, (A) The object of the hearing shall be to as- tions, the Committee may recommend by the individual who has been designated by certain the truth. Any evidence that may be majority vote that he or she be cited for con- the Chairman and Vice Chairman, acting relevant and probative shall be admissible tempt of Congress. jointly, to take the deposition may proceed

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If the CONDUCT.— interviews or Committee meetings, including Chairman or Vice Chairman, or the Com- (1) Notwithstanding any other provision of the taking of testimony, or as otherwise spe- mittee upon referral, overrules the objec- this section, no adjudicatory review shall be cifically approved by the staff director or by tion, the Chairman, Vice Chairman, or the initiated of any alleged violation of any law, outside counsel designated by the Chairman Committee as the case may be, may direct the Senate Code of Official Conduct, rule, or and Vice Chairman. the witness to answer the question or regulation which was not in effect at the (2) Each member of the Committee shall produce the document. The Committee shall time the alleged violation occurred. No pro- have access to all materials in the Commit- not initiate procedures leading to civil or visions of the Senate Code of Official Con- tee’s possession. The staffs of members shall criminal enforcement unless the witness re- duct shall apply to or require disclosure of not have access to Committee Sensitive or fuses to testify or produce documents after any act, relationship, or transaction which classified documents and materials without having been directed to do so. occurred prior to the effective date of the ap- the specific approval in each instance of the (5) FILING OF DEPOSITIONS.—Deposition tes- plicable provision of the Code. Chairman, and Vice Chairman, acting joint- timony shall be transcribed or electronically (2) The Committee may initiate an adju- ly. Members may examine such materials in recorded. If the deposition is transcribed, the dicatory review of any alleged violation of a the Committee’s offices. If necessary, re- individual administering the oath shall cer- rule or law which was in effect prior to the quested materials may be hand delivered by tify on the transcript that the witness was enactment of the Senate Code of Official a member of the Committee staff to the duly sworn in his or her presence and the Conduct if the alleged violation occurred member of the Committee, or to a staff per- transcriber shall certify that the transcript while such rule or law was in effect and the son(s) specifically designated by the mem- is a true record of the testimony. The tran- violation was not a matter resolved on the ber, for the Member’s or designated staffer’s script with these certifications shall be filed merits by the predecessor Committee. examination. A member of the Committee who has possession of Committee Sensitive with the chief clerk of the Committee, and RULE 8: PROCEDURES FOR HANDLING COMMITTEE documents or materials shall take appro- the witness shall be furnished with access to SENSITIVE AND CLASSIFIED MATERIALS a copy at the Committee’s offices for review. priate safeguards for maintaining the secu- (a) PROCEDURES FOR HANDLING COMMITTEE Upon inspecting the transcript, within a rity of such documents or materials in the SENSITIVE MATERIALS.— time limit set by the Chairman and Vice possession of the Member or his or her des- (1) Committee Sensitive information or ignated staffer. Chairman, acting jointly, a witness may re- material is information or material in the quest in writing changes in the transcript to (3) Committee Sensitive documents that possession of the Select Committee on Eth- are provided to a Member of the Senate in correct errors in transcription. The witness ics which pertains to illegal or improper con- may also bring to the attention of the Com- connection with a complaint that has been duct by a present or former Member, officer, filed against the Member shall be hand deliv- mittee errors of fact in the witness’s testi- or employee of the Senate; to allegations or mony by submitting a sworn statement ered to the Member or to the Member’s Chief accusations of such conduct; to any resulting of Staff or Administrative Assistant. Com- about those facts with a request that it be preliminary inquiry, adjudicatory review or attached to the transcript. The Chairman mittee Sensitive documents that are pro- other proceeding by the Select Committee vided to a Member of the Senate who is the and Vice Chairman, acting jointly, may rule on Ethics into such allegations or conduct; on the witness’s request, and the changes or subject of a preliminary inquiry, adjudica- to the investigative techniques and proce- tory review, or other proceeding, shall be attachments allowed shall be certified by the dures of the Select Committee on Ethics; or Committee’s chief clerk. If the witness fails hand delivered to the Member or to his or to other information or material designated her specifically designated representative. to make any request under this paragraph by the staff director, or outside counsel des- within the time limit set, this fact shall be (4) Any Member of the Senate who is not a ignated by the Chairman and Vice Chairman. member of the Committee and who seeks ac- noted by the Committee’s chief clerk. Any (2) The Chairman and Vice Chairman of the person authorized by the Committee may cess to any Committee Sensitive or classi- Committee shall establish such procedures fied documents or materials, other than doc- stipulate with the witness to changes in this as may be necessary to prevent the unau- procedure. uments or materials which are matters of thorized disclosure of Committee Sensitive public record, shall request access in writing. RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- information in the possession of the Com- The Committee shall decide by majority LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting vote whether to make documents or mate- MANDATE; AND APPLICABLE RULES AND Committee Sensitive materials shall be in rials available. If access is granted, the STANDARDS OF CONDUCT writing and shall be given to each Com- Member shall not disclose the information (a) VIOLATIONS OF LAW.—Whenever the mittee staff member. except as authorized by the Committee. Committee determines by the recorded vote (b) PROCEDURES FOR HANDLING CLASSIFIED (5) Whenever the Committee makes Com- of not less than four members of the full MATERIALS.— mittee Sensitive or classified documents or Committee that there is reason to believe (1) Classified information or material is in- materials available to any Member of the that a violation of law, including the provi- formation or material which is specifically Senate who is not a member of the Com- sion of false information to the Committee, designated as classified under the authority mittee, or to a staff person of a Committee may have occurred, it shall report such pos- of Executive Order 11652 requiring protection member in response to a specific request to sible violation to the proper Federal and of such information or material from unau- the Chairman and Vice Chairman, a written state authorities. thorized disclosure in order to prevent dam- record shall be made identifying the Member (b) PERJURY.—Any person who knowingly age to the United States. of the Senate requesting such documents or and willfully swears falsely to a sworn com- (2) The Chairman and Vice Chairman of the materials and describing what was made plaint or any other sworn statement to the Committee shall establish such procedures available and to whom. Committee does so under penalty of perjury. as may be necessary to prevent the unau- (d) NON-DISCLOSURE POLICY AND AGREE- The Committee may refer any such case to thorized disclosure of classified information MENT.— the Attorney General for prosecution. in the possession of the Committee or its (1) Except as provided in the last sentence (c) LEGISLATIVE RECOMMENDATIONS.—The staff. Procedures for handling such informa- of this paragraph, no member of the Select Committee shall recommend to the Senate tion shall be in writing and a copy of the Committee on Ethics, its staff or any person by report or resolution such additional rules, procedures shall be given to each staff mem- engaged by contract or otherwise to perform regulations, or other legislative measures as ber cleared for access to classified informa- services for the Select Committee on Ethics it determines to be necessary or desirable to tion. shall release, divulge, publish, reveal by ensure proper standards of conduct by Mem- (3) Each member of the Committee shall writing, word, conduct, or disclose in any bers, officers, or employees of the Senate. have access to classified material in the way, in whole, or in part, or by way of sum- The Committee may conduct such inquiries Committee’s possession. Only Committee mary, during tenure with the Select Com- as it deems necessary to prepare such a re- staff members with appropriate security mittee on Ethics or anytime thereafter, any port or resolution, including the holding of clearances and a need-to-know, as approved testimony given before the Select Com- hearings in public or executive session and by the Chairman and Vice Chairman, acting mittee on Ethics in executive session (in- the use of subpoenas to compel the attend- jointly, shall have access to classified infor- cluding the name of any witness who ap- ance of witnesses or the production of mate- mation in the Committee’s possession. peared or was called to appear in executive rials. The Committee may make legislative (c) PROCEDURES FOR HANDLING COMMITTEE session), any classified or Committee Sen- recommendations as a result of its findings SENSITIVE AND CLASSIFIED DOCUMENTS.— sitive information, document or material, in a preliminary inquiry, adjudicatory re- (1) Committee Sensitive documents and received or generated by the Select Com- view, or other proceeding. materials shall be stored in the Committee’s mittee on Ethics or any classified or Com- (d) EDUCATIONAL MANDATE.—The Com- offices, with appropriate safeguards for mittee Sensitive information which may mittee shall develop and implement pro- maintaining the security of such documents come into the possession of such person dur- grams and materials designed to educate or materials. Classified documents and mate- ing tenure with the Select Committee on

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Ethics or its staff. Such information, docu- the Committee’s jurisdiction, to a specific RULE 11: PROCEDURES FOR INTERPRETATIVE ments, or material may be released to an of- factual situation pertinent to the conduct or RULINGS ficial of the executive branch properly proposed conduct of the person seeking the (a) BASIS FOR INTERPRETATIVE RULINGS.— cleared for access with a need-to-know, for advisory opinion. Senate Resolution 338, 88th Congress, as any purpose or in connection with any pro- (2) The Committee may issue an advisory amended, authorizes the Committee to issue ceeding, judicial or otherwise, as authorized opinion in writing within a reasonable time interpretative rulings explaining and clari- by the Select Committee on Ethics, or in the in response to a written request by any em- fying the application of any law, the Code of event of termination of the Select Com- ployee of the Senate concerning the applica- Official Conduct, or any rule or regulation of mittee on Ethics, in such a manner as may tion of any law, the Senate Code of Official the Senate within its jurisdiction. The Com- be determined by its successor or by the Sen- Conduct, or any rule or regulation of the mittee also may issue such rulings clarifying ate. Senate within the Committee’s jurisdiction, or explaining any rule or regulation of the (2) No member of the Select Committee on to a specific factual situation pertinent to Select Committee on Ethics. Ethics staff or any person engaged by con- the conduct or proposed conduct of the per- (b) REQUEST FOR RULING.—A request for tract or otherwise to perform services for the son seeking the advisory opinion. such a ruling must be directed in writing to Select Committee on Ethics, shall be grant- (b) FORM OF REQUEST.—A request for an ad- the Chairman or Vice Chairman of the Com- ed access to classified or Committee Sen- visory opinion shall be directed in writing to mittee. sitive information or material in the posses- the Chairman of the Committee and shall in- (c) ADOPTION OF RULING.— sion of the Select Committee on Ethics un- clude a complete and accurate statement of (1) The Chairman and Vice Chairman, act- less and until such person agrees in writing, the specific factual situation with respect to ing jointly, shall issue a written interpreta- as a condition of employment, to the non- which the request is made as well as the spe- tive ruling in response to any such request, unless— disclosure policy. The agreement shall be- cific question or questions which the re- questor wishes the Committee to address. (A) they cannot agree, come effective when signed by the Chairman (B) it requires an interpretation of a sig- (c) OPPORTUNITY FOR COMMENT.— and Vice Chairman on behalf of the Com- nificant question of first impression, or mittee. (1) The Committee will provide an oppor- tunity for any interested party to comment (C) either requests that it be taken to the RULE 9: BROADCASTING AND NEWS COVERAGE OF on a request for an advisory opinion— Committee, in which event the request shall COMMITTEE PROCEEDINGS (A) which requires an interpretation on a be directed to the Committee for a ruling. (a) Whenever any hearing or meeting of the significant question of first impression that (2) A ruling on any request taken to the Committee is open to the public, the Com- will affect more than a few individuals; or Committee under subparagraph (1) shall be mittee shall permit that hearing or meeting (B) when the Committee determines that adopted by a majority of the members voting to be covered in whole or in part, by tele- comments from interested parties would be and the ruling shall then be issued by the vision broadcast, radio broadcast, still pho- of assistance. Chairman and Vice Chairman. UBLICATION OF RULINGS.—The Com- tography, or by any other methods of cov- (2) Notice of any such request for an advi- (d) P mittee will publish in the Congressional erage, unless the Committee decides by re- sory opinion shall be published in the Con- Record, after making appropriate deletions corded vote of not less than four members of gressional Record, with appropriate dele- to ensure confidentiality, any interpretative the Committee that such coverage is not ap- tions to insure confidentiality, and inter- rulings issued under this Rule which the propriate at a particular hearing or meeting. ested parties will be asked to submit their Committee determines may be of assistance (b) Any witness served with a subpoena by comments in writing to the Committee with- or guidance to other Members, officers or the Committee may request not to be photo- in ten days. employees. The Committee may at any time graphed at any hearing or to give evidence or (3) All relevant comments received on a revise, withdraw, or elaborate on interpreta- testimony while the broadcasting, reproduc- timely basis will be considered. tive rulings. tion, or coverage of that hearing, by radio, (d) ISSUANCE OF AN ADVISORY OPINION.— (e) RELIANCE ON RULINGS.—Whenever an in- television, still photography, or other meth- (1) The Committee staff shall prepare a proposed advisory opinion in draft form dividual can demonstrate to the Commit- ods is occurring. At the request of any such tee’s satisfaction that his or her conduct was witness who does not wish to be subjected to which will first be reviewed and approved by the Chairman and Vice Chairman, acting in good faith reliance on an interpretative radio, television, still photography, or other ruling issued in accordance with this Rule, methods of coverage, and subject to the ap- jointly, and will be presented to the Com- mittee for final action. If (A) the Chairman the Committee will not recommend sanc- proval of the Committee, all lenses shall be tions to the Senate as a result of such con- covered and all microphones used for cov- and Vice Chairman cannot agree, or (B) ei- ther the Chairman or Vice Chairman re- duct. erage turned off. (f) RULINGS BY COMMITTEE STAFF.—The quests that it be taken directly to the Com- (c) If coverage is permitted, it shall be in Committee staff is not authorized to make mittee, then the proposed advisory opinion accordance with the following requirements: rulings or give advice, orally or in writing, shall be referred to the Committee for its de- (1) Photographers and reporters using me- which binds the Committee in any way. chanical recording, filming, or broadcasting cision. RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- apparatus shall position their equipment so (2) An advisory opinion shall be issued only ING IMPROPER USE OF THE MAILING FRANK as not to interfere with the seating, vision, by the affirmative recorded vote of a major- and hearing of the Committee members and ity of the members voting. (a) AUTHORITY TO RECEIVE COMPLAINTS.— staff, or with the orderly process of the (3) Each advisory opinion issued by the The Committee is directed by section 6(b) of meeting or hearing. Committee shall be promptly transmitted Public Law 93–191 to receive and dispose of (2) If the television or radio coverage of the for publication in the Congressional Record complaints that a violation of the use of the hearing or meeting is to be presented to the after appropriate deletions are made to in- mailing frank has occurred or is about to public as live coverage, the coverage shall be sure confidentiality. The Committee may at occur by a Member or officer of the Senate conducted and presented without commer- any time revise, withdraw, or elaborate on or by a surviving spouse of a Member. All cial sponsorship. any advisory opinion. such complaints will be processed in accord- (3) Personnel providing coverage by the (e) RELIANCE ON ADVISORY OPINIONS.— ance with the provisions of these Rules, ex- (1) Any advisory opinion issued by the television and radio media shall be currently cept as provided in paragraph (b). Committee under Senate Resolution 338, 88th (b) DISPOSITION OF COMPLAINTS.— accredited to the Radio and Television Cor- Congress, as amended, and the rules may be (1) The Committee may dispose of any such respondents’ Galleries. complaint by requiring restitution of the (4) Personnel providing coverage by still relied upon by— (A) Any person involved in the specific cost of the mailing, pursuant to the franking photography shall be currently accredited to transaction or activity with respect to which statute, if it finds that the franking viola- the Press Photographers’ Gallery Committee such advisory opinion is rendered if the re- tion was the result of a mistake. of Press Photographers. quest for such advisory opinion included a (2) Any complaint disposed of by restitu- (5) Personnel providing coverage by the complete and accurate statement of the spe- tion that is made after the Committee has television and radio media and by still pho- cific factual situation; and formally commenced an adjudicatory review, tography shall conduct themselves and the (B) any person involved in any specific must be summarized, together with the dis- coverage activities in an orderly and unob- transaction or activity which is indistin- position, in a report to the Senate, as appro- trusive manner. guishable in all its material aspects from the priate. RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity with respect to which (3) If a complaint is disposed of by restitu- (a) WHEN ADVISORY OPINIONS ARE REN- such advisory opinion is rendered. tion, the complainant, if any, shall be noti- DERED.— (2) Any person who relies upon any provi- fied of the disposition in writing. (1) The Committee shall render an advisory sion or finding of an advisory opinion in ac- (c) ADVISORY OPINIONS AND INTERPRETATIVE opinion, in writing within a reasonable time, cordance with the provisions of Senate Reso- RULINGS.—Requests for advisory opinions or in response to a written request by a Member lution 338, 88th Congress, as amended, and of interpretative rulings involving franking or officer of the Senate or a candidate for the rules, and who acts in good faith in ac- questions shall be processed in accordance nomination for election, or election to the cordance with the provisions and findings of with Rules 10 and 11. Senate, concerning the application of any such advisory opinion shall not, as a result RULE 13: PROCEDURES FOR WAIVERS law, the Senate Code of Official Conduct, or of any such act, be subject to any sanction (a) AUTHORITY FOR WAIVERS.—The Com- any rule or regulation of the Senate within by the Senate. mittee is authorized to grant a waiver under

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the following provisions of the Standing RULE 15: COMMITTEE STAFF Orders of the Senate, may be modified, Rules of the Senate: (a) COMMITTEE POLICY.— amended, or suspended at any time, pursuant (1) Section 101(h) of the Ethics in Govern- (1) The staff is to be assembled and re- to a recorded vote of not less than four mem- ment Act of 1978, as amended (rule XXXIV), tained as a permanent, professional, non- bers of the full Committee taken at a meet- relating to the filing of financial disclosure partisan staff. ing called with due notice when prior written reports by individuals who are expected to (2) Each member of the staff shall be pro- notice of the proposed change has been pro- perform or who have performed the duties of fessional and demonstrably qualified for the vided each member of the Committee. their offices or positions for less than one position for which he or she is hired. (b) PUBLICATION.—Any amendments adopt- hundred and thirty days in a calendar year; (3) The staff as a whole and each member ed to the Rules of this Committee shall be (2) Section 102(a)(2)(D) of the Ethics in of the staff shall perform all official duties published in the Congressional Record in ac- Government Act, as amended (rule XXXIV), in a nonpartisan manner. cordance with rule XXVI(2) of the Standing relating to the reporting of gifts; (4) No member of the staff shall engage in Rules of the Senate. (3) Paragraph 1 of rule XXXV relating to any partisan political activity directly af- SELECT COMMITTEE ON ETHICS acceptance of gifts; or fecting any congressional or presidential PART III—SUBJECT MATTER JURISDICTION (4) Paragraph 5 of rule XLI relating to ap- election. plicability of any of the provisions of the (5) No member of the staff or outside coun- Following are sources of the subject mat- Code of Official Conduct to an employee of sel may accept public speaking engagements ter jurisdiction of the Select Committee: the Senate hired on a per diem basis. or write for publication on any subject that (a) The Senate Code of Official Conduct ap- (b) REQUESTS FOR WAIVERS.—A request for is in any way related to his or her employ- proved by the Senate in Title I of S. Res. 110, a waiver under paragraph (a) must be di- ment or duties with the Committee without 95th Congress, April 1, 1977, as amended, and rected to the Chairman or Vice Chairman in specific advance permission from the Chair- stated in Rules 34 through 43 of the Standing writing and must specify the nature of the man and Vice Chairman. Rules of the Senate; waiver being sought and explain in detail the (6) No member of the staff may make pub- (b) Senate Resolution 338, 88th Congress, as facts alleged to justify a waiver. In the case lic, without Committee approval, any Com- amended, which states, among others, the of a request submitted by an employee, the mittee Sensitive or classified information, duties to receive complaints and investigate views of his or her supervisor (as determined documents, or other material obtained dur- allegations of improper conduct which may under paragraph 12 of rule XXXVII of the ing the course of his or her employment with reflect on the Senate, violations of law, vio- Standing Rules of the Senate) should be in- the Committee. lations of the Senate Code of Official Con- cluded with the waiver request. (b) APPOINTMENT OF STAFF.— duct and violations of rules and regulations (c) RULING.—The Committee shall rule on a (1) The appointment of all staff members of the Senate; recommend disciplinary ac- waiver request by recorded vote with a ma- shall be approved by the Chairman and Vice tion; and recommend additional Senate jority of those voting affirming the decision. Chairman, acting jointly. Rules or regulations to insure proper stand- With respect to an individual’s request for a (2) The Committee may determine by ma- ards of conduct; waiver in connection with the acceptance or jority vote that it is necessary to retain staff (c) Residual portions of Standing Rules 41, reporting the value of gifts on the occasion members, including a staff recommended by 42, 43 and 44 of the Senate as they existed on of the individual’s marriage, the Chairman a special counsel, for the purpose of a par- the day prior to the amendments made by and the Vice Chairman, acting jointly, may ticular preliminary inquiry, adjudicatory re- Title I of S. Res. 110; rule on the waiver. view, or other proceeding. Such staff shall be (d) Public Law 93–191 relating to the use of (d) AVAILABILITY OF WAIVER DETERMINA- retained only for the duration of that par- the mail franking privilege by Senators, offi- TIONS.—A brief description of any waiver ticular undertaking. cers of the Senate; and surviving spouses of granted by the Committee, with appropriate (3) The Committee is authorized to retain Senators; deletions to ensure confidentiality, shall be and compensate counsel not employed by the (e) Senate Resolution 400, 94th Congress, made available for review upon request in Senate (or by any department or agency of Section 8, relating to unauthorized disclo- the Committee office. Waivers granted by the Executive Branch of the Government) sure of classified intelligence information in the Committee pursuant to the Ethics in whenever the Committee determines that the possession of the Select Committee on Government Act of 1978, as amended, may the retention of outside counsel is necessary Intelligence; only be granted pursuant to a publicly avail- or appropriate for any action regarding any (f) Public Law 95–105, Section 515, relating able request as required by the Act. complaint or allegation, preliminary in- to the receipt and disposition of foreign gifts RULE 14: DEFINITION OF ‘‘OFFICER OR quiry, adjudicatory review, or other pro- and decorations received by Senate mem- EMPLOYEE’’ ceeding, which in the determination of the bers, officers and employees and their (a) As used in the applicable resolutions Committee, is more appropriately conducted spouses or dependents; and in these rules and procedures, the term by counsel not employed by the Government (g) Preamble to Senate Resolution 266, 90th ‘‘officer or employee of the Senate’’ means: of the United States as a regular employee. Congress, 2d Session, March 22, 1968; and (1) An elected officer of the Senate who is The Committee shall retain and compensate (h) The Code of Ethics for Government not a Member of the Senate; outside counsel to conduct any adjudicatory Service, H. Con. Res. 175, 85th Congress, 2d (2) An employee of the Senate, any com- review undertaken after a preliminary in- Session, July 11, 1958 (72 Stat. B12). Except mittee or subcommittee of the Senate, or quiry, unless the Committee determines that that S. Res. 338, as amended by Section 202 of any Member of the Senate; the use of outside counsel is not appropriate S. Res. 110 (April 2, 1977), and as amended by (3) The Legislative Counsel of the Senate in the particular case. Section 3 of S. Res. 222 (1999), provides: or any employee of his office; (c) DISMISSAL OF STAFF.—A staff member (g) Notwithstanding any other provision of (4) An Official Reporter of Debates of the may not be removed for partisan, political this section, no adjudicatory review shall be Senate and any person employed by the Offi- reasons, or merely as a consequence of the initiated of any alleged violation of any law, cial Reporters of Debates of the Senate in rotation of the Committee membership. The the Senate Code of Official Conduct, rule, or connection with the performance of their of- Chairman and Vice Chairman, acting jointly, regulation which was not in effect at the ficial duties; shall approve the dismissal of any staff time the alleged violation occurred. No pro- (5) A member of the Capitol Police force member. visions of the Senate Code of Official Con- whose compensation is disbursed by the Sec- (d) STAFF WORKS FOR COMMITTEE AS duct shall apply to or require disclosure of retary of the Senate; WHOLE.—All staff employed by the Com- any act, relationship, or transaction which (6) An employee of the Vice President, if mittee or housed in Committee offices shall occurred prior to the effective date of the ap- such employee’s compensation is disbursed work for the Committee as a whole, under plicable provision of the Code. The Select by the Secretary of the Senate; the general direction of the Chairman and Committee may initiate an adjudicatory re- (7) An employee of a joint committee of Vice Chairman, and the immediate direction view of any alleged violation of a rule or law the Congress whose compensation is dis- of the staff director or outside counsel. which was in effect prior to the enactment of bursed by the Secretary of the Senate; (e) NOTICE OF SUMMONS TO TESTIFY.—Each the Senate Code of Official Conduct if the al- (8) An officer or employee of any depart- member of the Committee staff or outside leged violation occurred while such rule or ment or agency of the Federal Government counsel shall immediately notify the Com- law was in effect and the violation was not a whose services are being utilized on a full- mittee in the event that he or she is called matter resolved on the merits by the prede- time and continuing basis by a Member, offi- upon by a properly constituted authority to cessor Select Committee. cer, employee, or committee of the Senate in testify or provide confidential information accordance with rule XLI(3) of the Standing APPENDIX A—OPEN AND CLOSED obtained as a result of and during his or her Rules of the Senate; and MEETINGS employment with the Committee. (9) Any other individual whose full-time Paragraphs 5 (b) to (d) of rule XXVI of the services are utilized for more than ninety RULE 16: CHANGES IN SUPPLEMENTARY Standing Rules of the Senate reads as fol- days in a calendar year by a Member, officer, PROCEDURAL RULES lows: employee, or committee of the Senate in the (a) ADOPTION OF CHANGES IN SUPPLE- (b) Each meeting of a standing, select, or conduct of official duties in accordance with MENTARY RULES.—The Rules of the Com- special committee of the Senate, or any sub- rule XLI(4) of the Standing Rules of the Sen- mittee, other than rules established by stat- committee thereof, including meetings to ate. ute, or by the Standing Rules and Standing conduct hearings, shall be open to the public,

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An improvised ex- er the matters enumerated in classes (1) geant at Arms and Doorkeeper, the Chaplain, plosive device was triggered near the through (6) would require the meeting to be the Legislative Counsel, and the employees humvee he was riding in, and Sergeant closed followed immediately by a record vote of the Office of the Legislative Counsel; Fiscus was killed instantly. in open session by a majority of the members (e) the Secretary of the Senate is the su- Contrary to his tough-looking tat- of the committee or subcommittee when it is pervisor of the employees of his office; (f) the Sergeant at Arms and Doorkeeper is toos and love of heavy metal music, determined that the matters to be discussed Keith was a fun-loving, caring, and sen- or the testimony to be taken at such meet- the supervisor of the employees of his office; (g) the Majority and Minority Leaders and sitive young man. He was described by ing or meetings— the Majority and Minority Whips are the su- (1) will disclose matters necessary to be those that knew him as a hopeless ro- pervisors of the research, clerical, and other kept secret in the interests of national de- mantic who loved the camaraderie of assistants assigned to their respective of- fense or the confidential conduct of the for- the Army and spending time with fam- fices; eign relations of the United States; (h) the Majority Leader is the supervisor of ily and friends. He was also an avid (2) will relate solely to matters of com- the Secretary for the Majority and the Sec- golfer and fisherman. mittee staff personnel or internal staff man- retary for the Majority is the supervisor of Sergeant Fiscus was also an excellent agement or procedure; the employees of his office; and soldier. He was an expert rifleman who (3) will tend to charge an individual with (i) the Minority Leader is the supervisor of received numerous recognitions during crime or misconduct, to disgrace or injure the Secretary for the Minority and the Sec- his Army career: Army Good Conduct the professional standing of an individual, or retary for the Minority is the supervisor of Medal, National Defense Service otherwise to expose an individual to public the employees of his office. contempt or obloquy, or will represent a Medal, Iraq Campaign Medal, Global clearly unwarranted invasion of the privacy f War on Terrorism Service Medal, Army of an individual; HONORING OUR ARMED FORCES Service Ribbon, Overseas Service Rib- (4) will disclose the identity of any in- SERGEANT KEITH E. FISCUS bon, and Combat Infantryman Badge. former or law enforcement agent or will dis- The Purple Heart and the Bronze Star close any information relating to the inves- Mr. CARPER. Mr. President, I rise today to reflect on the life and service were awarded posthumously. tigation or prosecution of a criminal offense I rise today to commemorate Keith, that is required to be kept secret in the in- of Army SGT Keith E. Fiscus. Keith to celebrate his life, and to offer his terests of effective law enforcement; epitomized the best of our country’s (5) will disclose information relating to the brave men and women who fought to family our support and our deepest trade secrets or financial or commercial in- free Iraq and to secure a new democ- sympathy on their tragic loss. formation pertaining specifically to a given racy in the Middle East. He exhibited SPECIALIST TRAVIS VAUGHN person if— unwavering courage, dutiful service to Mr. GRASSLEY. Mr. President, (A) an Act of Congress requires the infor- today I would like to honor SPC Travis mation to be kept confidential by Govern- his country, and above all else, honor. In the way he lived his life—and how Vaughn, who died on February 18, 2007, ment officers and employees; or in a helicopter crash while fighting in (B) the information has been obtained by we remember him—Keith reminds each the Government on a confidential basis, of us just how good we can be. Afghanistan. A Cedar Falls, IA, native, other than through an application by such Keith was born to Pamela and Dar- Travis served proudly and with distinc- person for a specific Government financial or rell Fiscus in Glendale, CA, in 1980. His tion during Operation Enduring Free- other benefit, and is required to be kept se- family moved to Townsend, DE, in 1998. dom. cret in order to prevent undue injury to the He was the second oldest of four chil- With bravery and valor, Travis ac- competitive position of such person; or dren and is survived by an 18-year-old cepted the call to defend America (6) may divulge matters required to be brother, Jordan, and two sisters, against those who seek to undermine kept confidential under other provisions of our values, our democracy, and our law or Government regulations. Korrie, 16, and Dena, 28. My heart goes (c) Whenever any hearing conducted by out to each of them. way of life. In Afghanistan, he and oth- any such committee or subcommittee is Keith finished his senior year at ers from the 160th Special Operations open to the public, that hearing may be Glasgow High School in Newark, DE, Aviation Regiment out of Fort Camp- broadcast by radio or television, or both, and graduated in 1998. After his gradua- bell, KY, served their country in a dan- under such rules as the committee or sub- tion, Keith took a job in the produce gerous part of the world, helping to committee may adopt. department at Genuardi’s supermarket make the rest of the world a safer (d) Whenever disorder arises during a com- in Glasgow, DE, and then worked as a place. Sadly, Travis’s service to his mittee meeting that is open to the public, or customer service representative for a country cost him his life, forever earn- any demonstration of approval or dis- approval is indulged in by any person in at- major credit card company. He en- ing him the gratitude of the American tendance at any such meeting, it shall be the rolled in business classes at Delaware people. duty of the Chair to enforce order on his own Technical & Community College but Travis is remembered fondly and will initiative and without any point of order soon decided that his interests didn’t be greatly missed. A longtime friend of being made by a Senator. When the Chair include sitting behind a desk in an of- Travis recently said of him, ‘‘He was finds it necessary to maintain order, he shall fice or classroom. always there to help anybody that he have the power to clear the room, and the Inspired by his grandparents’ service could and do whatever he could to committee may act in closed session for so in the Armed Forces, Keith joined the make people happy.’’ Still other long as there is doubt of the assurance of Army in 2002. After graduating from friends recalled Travis’s fondness for order. boot camp, he was assigned to the 1st adventurous recreational activities. APPENDIX B—‘‘SUPERVISORS’’ DEFINED Battalion, 27th Infantry Regiment, 3rd These qualities made Travis well-suit- Paragraph 12 of rule XXXVII of the Stand- Brigade, 25th Infantry Division based ed for military service, and certainly ing Rules of the Senate reads as follows: For purposes of this rule— out of Schofield Barracks in Hawaii. He we were fortunate to have a man of (a) a Senator or the Vice President is the was deployed to Iraq and served with such drive and ability serving in the supervisor of his administrative, clerical, or distinction for the duration of his 14- U.S. Army. other assistants; month tour. On behalf of all Iowans and people (b) a Senator who is the chairman of a While serving in Iraq, Keith decided throughout this country, I offer my committee is the supervisor of the profes- to reenlist in the Army. After return- heartfelt condolences to Travis sional, clerical, or other assistants to the ing to the States, Keith received train- Vaughn’s friends and family. In par- committee except that minority staff mem- ing on how to identify and disarm ex- ticular, my thoughts and prayers go bers shall be under the supervision of the plosives. Keith volunteered to serve a out to his wife Heather, his stepson ranking minority Senator on the committee; (c) a Senator who is a chairman of a sub- second tour of duty in Iraq and was de- Taylin, his father Brad, and mother committee which has its own staff and finan- ployed again in August of 2006. He was Christine. They should know that the cial authorization is the supervisor of the scheduled to return home in February entire Nation stands behind them dur- professional, clerical, or other assistants to of 2007. ing this time of mourning. His loss is

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2266 CONGRESSIONAL RECORD — SENATE February 27, 2007 indeed tragic, but he will be remem- in possession or selling medals that do The current provision of title 18 states: bered as a hero and a patriot. not use them for fraudulent purposes. ‘‘SEC. 704. Military medals or decorations In addition, CFR Sec. 507.8(a) indicates, ‘‘(a) IN GENERAL.—Whoever knowingly f wears, manufactures, or sells any decoration ‘‘the articles listed in paragraphs (a) (1) STOLEN VALOR ACT or medal authorized by Congress for the through (10) of this section are author- aimed forces of the United States, or any of Mr. CONRAD. Mr. President, I would ized for manufacture and sale when the service medals or badges awarded to the like to comment today on the Stolen made in accordance with approved members of such forces, or the ribbon, but- Valor Act of 2005 that was signed into specifications, purchase descriptions or ton, or rosette of any such badge, decoration law by President Bush on December 20, drawings.’’ or medal, or any colorable imitation thereof, 2006. I am extremely proud of author- The articles listed as authorized for except when authorized under regulations ing the Senate version of this legisla- manufacture and sale in Sec. 507.8(a) made pursuant to law, shall be fined under tion that ultimately became law. The this title or imprisoned not more than six include decorations, service medals, months, or both.’’ new law that has resulted from the ribbons, lapel buttons, and badges with The Bill would not affect the exception for Stolen Valor Act strengthens and ex- the exception of the Medal of Honor. acts authorized by regulation. Therefore, it pands the protections for our Armed The CFR allows for the sale of all U.S. appears accurate to conclude that if the ac- Forces military service awards and medals, except the Medal of Honor, and tion of the collector was authorized by regu- decorations. insignia, provided that an official gov- lation, the enactment of the Bill would not Since the Stolen Valor Act was ernment manufacturer has made them affect that authorization. We hope this information is responsive to signed into law, there have been re- and that the Institute of Heraldry, ports of concerns raised by medal col- your request. If we may be of further assist- IOH, approved those pieces. Thus, the ance, please call. lectors, historians, museums, family Stolen Valor Act does not in any way JOHN R. LUCKEY, members that inherit medals, and per- stop collectors or dealers from selling Legislative Attorney. sons legitimately possessing, shipping, or collecting officially made medals f or selling military service awards and and insignia, whether they were made decorations. I would like to make it yesterday or 50 years ago. NATIONAL EYE DONOR MONTH clear for the RECORD that the intent In closing, I again want to assure Mr. BROWN. Mr. President, March is and effect of my legislation and the re- those legitimately in possession of sell- National Eye Donor Month, an oppor- sulting law is only to provide the tools ing, displaying, or shipping military tunity to celebrate the gift of sight, to law enforcement need to prosecute service awards that the Stolen Valor honor past donors and their families, those fraudulently using military serv- Act is only directed at those who and to raise public awareness regarding ice awards they did not earn through fraudulently use military service the importance of eye donation. We in service to our Armed Forces. It does awards and decorations. I have been to the Senate can help ensure a sufficient not in any way restrict legitimate pos- Walter Reed Hospital, Bethesda Naval supply of precious corneas by edu- session, use, shipment, or display of Hospital, and have awarded numerous cating the public about the importance these awards and decorations. awards and decorations to soldiers and of eye donation and encouraging more Before the law was enacted, my legis- veterans. These brave men and women Americans to become organ donors. lation was reviewed by the Senate Ju- have given so much to ensure our free- Last year, more than 46,000 Ameri- diciary Committee, the House Judici- doms. I strongly believe protecting the cans had their lives renewed and rein- ary Committee, the Department of Jus- meaning and valor of military service vigorated through the miracle of cor- tice, and the Congressional Research awards is a very important way we can neal transplantation. This surgical pro- Service’s American Law Division. All continue to honor their service and cedure gives those people who have concluded that the Stolen Valor legis- sacrifice. lost, or are losing, their vision the life- lation does not negatively impact I ask unanimous consent that a changing gift of restored sight. those legitimately in possession of memo from the American Law Division For more than 30 years, Teresa Wal- military service awards and decora- at Congressional Research Service sup- ton, an Ohio resident, lived without tions. porting this analysis be printed in the depth perception and with the stigma Although the new law modifies title RECORD at the conclusion of my re- of an altered appearance, because a 18 USC, section 704, it does not impact marks. viral infection stole the vision in her the legitimate purchase, sale, or pos- There being no objection, the mate- left eye. At the age of 15, while most session of medals. The key part of this rial was ordered to be printed in the other children were enjoying high passage is the phrase, ‘‘except when au- RECORD, as follows: school sports and anxiously awaiting thorized under regulations made pursu- CONGRESSIONAL RESEARCH SERVICE, the day they could earn their driver’s ant to law.’’ That exception refers to 32 Washington, DC, September 21, 2006. license, Teresa was unable to recognize Code of Federal Regulations (CFR), To: Hon. Kent Conrad; Attention: Shawn when someone approached her from the section 507. I believe the concerns Ferguson. left, nor could she easily navigate a set raised by collectors and dealers of mili- From: John R. Luckey, Legislative Attor- ney, American Law Division. of stairs. tary medals and memorabilia may Subject: The Stolen Valor Act of 2005. Finally, in her forties, Teresa decided stem from lack of familiarity with the This memorandum is furnished in response it was time for a transplant. Because of CFR and its relationship to statutory to your request for a review of the impact of the transplant she received in Spring- law. The CFR is the regulation that enactment of the Stolen Valor Act of 2005 field, OH, the vision in Teresa’s left eye implements and administers statutory upon collectors of military service medals was restored. With the return of her provisions, in this case, the provisions who are currently acting in compliance with depth perception, Teresa can now eas- of 18 USC section 704 as amended by federal regulations. The Bill would amend ily light the candles on her three the Stolen Valor Act. the federal criminal code expand the prohibi- daughters’ birthday cakes. She is no The CFR specifically states in sec- tion against wearing, manufacturing, or sell- longer self-conscious about the appear- tion 507.12(b), ‘‘Mere possession by a ing military decorations or medals without legal authorization to prohibit purchasing, ance of her left eye. And as a teacher, person of any of the articles prescribed soliciting. mailing, shipping, importing, ex- she can now recognize when one of her in Sec. 507.8 of this part is authorized porting, producing blank certificates of re- students is standing next to her. provided that such possession is not ceipt for, advertising, trading, bartering, or Through the tireless efforts of the used to defraud or misrepresent the exchanging such decorations or medals with- eye banks located throughout the identification or status of the individ- out authorization. It would prohibit falsely country, and the coordinated efforts of uals concerned.’’ According to numer- representing oneself as having been awarded the Eye Bank Association of America, ous legal experts consulted on the any decoration or medal authorized by Con- Teresa Walton and thousands upon drafting of the Stolen Valor legisla- gress for the Armed Forces or any of the service medals or badges. The penalties for thousands of Americans like her have tion, ‘‘mere possession’’ would include violations, if the offense involves a distin- rediscovered the many joys full vision family members who inherit medals, guished service cross, an Air Force Cross, a affords. museums, collectors, approved medals Navy Cross, a silver star, or a Purple Heart, The power of cornea transplantation dealers, historians, and other persons would be increased. is evident in Teresa’s story, but it is

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2267 only possible if concerned Americans After answering questions from re- cently honored with one of only 30 register as an organ donor and, subse- porters for much of his career, he will mathematical sciences postdoctoral re- quently, inform their family members be asking the questions. He is crossing search fellowships from the National and loved ones of their intention to do- over to start his own newspaper, called Science Foundation. Jayce will begin a nate. Prairie Fire, in Lincoln, NE. Its objec- professorship at Princeton next fall. That is why, as National Eye Dona- tive is to be the progressive voice of Jayce attributes some of his current tion Month approaches, I encourage my the Great Plains offering thoughtful, success to his participation in Big colleagues to work with their local eye bipartisan public discourse about all Sky’s science program. ‘‘Kids in Mis- banks, and the Eye Bank Association matters relating to politics and the soula, Montana, can and do get in- of America, to promote eye donation arts and, I imagine, Don’s passion, the volved with important research in the and provide more people, like Teresa environment. sciences,’’ he said. ‘‘The trick is to get Walton, with the miracle cornea trans- All of us will miss Don, his quirky started early on.’’ plantation provides. There is no gift sense of humor, his vintage neckties, Yet at Big Sky, kids do start early. more meaningful, or more profoundly his sports cars, and even his outward The halls are filled with the future sci- important, than the gift of sight. display of pride in Cornhusker Country entific leaders of America. Students f for his alma maters, the University of study the genetic code of a TRIBUTE TO W. DON NELSON Florida and Florida State University. cyanobacterial strain and test sail de- We wish him every success in his new signs in wind tunnels by using an inno- Mr. NELSON of Nebraska. Mr. Presi- role as editor, publisher, and writer. vative interdisciplinary approach. dent, I rise today to express my best f By nurturing the curiosity and cre- wishes and appreciation to a staff ativity of these students, Big Sky member who is leaving my office after ADDITIONAL STATEMENTS teachers like Jim Harkins ensure many years of public service. America’s youth are given the edu- W. Don Nelson has served with dis- cation and tools necessary to succeed tinction as my State director in Lin- BIG SKY HIGH SCHOOL SCIENCE in the 21st century. I applaud Jim and coln, NE, since I was elected in 2000, PROGRAM RECOGNITION his students. They are examples of which is no small job in a State that ∑ Mr. BAUCUS. Mr. President, I am what makes Montana’s school system stretches 500 miles. honored to speak to you today about Although we share the same last the best in the Nation. the wonderful work being done in a To Mr. Harkins and students of Big name, we do not share a family rela- school in my home State—Big Sky tionship. We do share a passion for pub- Sky High School, I extend my con- High School in Missoula, MT. Big Sky gratulations.∑ lic service. W. Don, as he is known High School is a leader in science edu- f throughout Nebraska, has a long his- cation and a wonderful example of how tory of bipartisan government service creativity and innovation can prepare RETIREMENT OF RICK SHAPIRO at the highest levels. students for the 21st century. ∑ Mr. Nelson worked for former Con- Mr. BINGAMAN. Mr. President, To the students, teachers, parents, gressman Douglas Bereuter when he today I wish to honor Rick Shapiro, and administrators at Big Sky High was director of the Nebraska State Of- who recently retired as executive di- School, I commend you for your dedi- fice of Planning and Programming. He rector of the Congressional Manage- cation and imagination. Big Sky High also served as a chief policy adviser for ment Foundation. School should be an example to schools former Nebraska Governors Norbert I became acquainted with Rick early all over the country of what we can do Tiemann, Jim Exon, and former Wyo- in my Senate career, when I asked if we make a real commitment to ming Governor Ed Herschler and was Rick to help me and my staff strength- teaching our students the skills nec- chief of staff for Nebraska Governor en the management of my Senate of- essary to keep America competitive in Bob Kerrey. Before Don became my fice. That began a very useful relation- State director he was in the private the global economy. ship with Rick and CMF. sector serving as managing director for Big Sky’s science programs empha- Under his leadership, CMF grew in the Nebraska office of a major national size real-world applications and col- size, scope, and impact. Rick has made securities firm. laboration. For example, in the elec- CMF an integral part of the early orga- To say that W. Don Nelson was an tive ‘‘Advanced Problems in Science,’’ nization of nearly every new House and important and vital part of the staff students work on research projects and Senate office, through CMF’s practical for those of us whom he served is an learn how to document their results publications and its role in new office understatement. His background as a and present them to the community. orientations. lawyer and investment banker made Many of these projects are featured in For many offices like mine, Rick him invaluable in government service science fairs and other competitions, used his skills in organizational man- but his abilities stretched far beyond giving students experience and con- agement to help members and their that. necting them to the scientific commu- senior staff improve how they run their W. Don Nelson is one of the most nity. offices and serve their constituents. fiercely loyal and completely trust- Science teacher Jim Harkins, who His confidential counsel and evalua- worthy individuals I have ever had the has taught at Big Sky for 24 years, is tion, and that of a strong staff that he privilege to know. His intellect and an example of how a great teacher can recruited and supported, has allowed depth of knowledge on virtually any inspire students to go into the many Senators and Members of Con- issue is uncanny. He has the courage to sciences. Let me tell you about Jim’s gress to focus on their jobs as legisla- confront adversaries at the highest lev- goals for science class in his own tors, with the confidence that their of- els and the compassion to help those words. ‘‘I try to tell the students that fices would be well run. who are less fortunate. He is a gracious the classroom, text book setting is not Rick also used his extensive knowl- host and gentleman to friends, and a real science,’’ he said. ‘‘Science is not edge of strategic planning to ensure of- devoted father and husband to a loving learned in books while sitting at desks. fices have a strategic vision and the family. In this class, Advanced Problems in means to deliver on that vision. He and W. Don may be retiring but not to a Science, our goal is to simulate their his staff have facilitated hundreds of rocking chair. The W. Don Nelson that curiosity in a real-life science setting. staff retreats, helping House and Sen- so many Nebraskans know will never This program provides Montana stu- ate offices produce ambitious, but real- sit back and rest on his laurels. His so- dents with competitiveness on national istic, plans for their work. called retirement will be in front of a and international levels.’’ Rick was the driving force behind computer screen and stalking the halls To see the success of this program, CMF’s research into cutting edge top- of government buildings visiting with you need to look no further than the ics. For example, CMF’s research and elected and appointed officials from students themselves. Big Sky alumnus guidance on the Internet and electronic the other side of the desk, as a re- Jayce Getz was an active participant in communications has been the single porter. these science programs and he was re- most important force in bringing many

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2268 CONGRESSIONAL RECORD — SENATE February 27, 2007 offices into the 21st century in their Hall joined the Albuquerque Journal staff Contributions can be made to St. Jude use of new technology. in 1988. Children’s Research Hospital, 501 St. Jude Before joining CMF, Rick worked in ‘‘Mike Hall was a real pro,’’ said Journal Place, Memphis, Tenn., 38105.∑ Editor Kent Walz. ‘‘He loved what he did, f the U.S. House of Representatives, first and it showed. as a staff investigator and later as the ‘‘In nearly 20 years here, Mike was a good CONGRATULATING CONSUL staff director of two House committees. colleague and a good friend. We’ll, miss SERGIO AGUILERA He brought his significant knowledge him.’’ Hall died of pneumonia, his family ∑ of the workings of the Congress to CMF said. The 61-year-old Albuquerque resident Mr. LUGAR. Mr. President, today I and it progressed under his leadership. had battled lung cancer in recent years and wish to recognize the important service All of us who know him and have had recovered. of Consul Sergio Aguilera upon his re- A memorial service is scheduled for 10 a.m. tirement from the Mexican Foreign benefited from his work wish him well, Feb. 28 at French Mortuary, 10500 Lomas NE. and look with interest to his next Service. Hall launched his newspaper career in the During his leadership of the Mexican project.∑ San Francisco Bay Area as a sports reporter for the Berkeley Gazette, covering such Consulate in Indianapolis, my staff and f teams as the Oakland A’s and the Oakland I have enjoyed working closely with REMEMBERING MIKE HALL Raiders. He then served as sports news editor Consul Aguilera to strengthen the po- at the Wichita Eagle-Beacon before leaving litical, economic, social, and cultural ∑ Mr. DOMENICI. Mr. President, I in 1979 to become weekend editor and assist- ties between our two nations. By work- would like to take a moment to pay ant news editor at The Clarion-Ledger in ing closely with the Federal, State, and tribute to the memory of Mike Hall, Jackson, Miss., according to past news sto- local governments, as well as schools, who sadly passed away this last Fri- ries. Hall was named sports editor at The Albu- businesses, and community organiza- day. tions, Consul Aguilera has ably rep- Mike was a longtime sportswriter, querque Tribune in 1983 and also served as the evening newspaper’s city editor and as a resented the people of Mexico and editor, and columnist with the Albu- columnist, before moving to the Albuquerque served the needs of the Mexican com- querque Journal. Though he was born Journal to become sports editor. munity in the Midwest. in Muskogee, OK, and began his career He became a Journal associate sports edi- In addition to his official duties, Con- writing in California, there is no doubt tor in 1996 and focused his reporting on UNM sul Aguilera has given generously of Mike was a great New Mexican. Mike women’s basketball and boxing. Local boxer Danny Romero said Hall had his time in service to the Indianapolis first came to New Mexico in 1983 to community through work with the serve as sports editor at the Albu- been writing about him since he was a very young, unknown fighter. Mexican Scholarship Fund and the querque Tribune, and in 1988 he joined Romero’s skills in the ring helped, he said, Central Indiana Community Founda- the staff at the Albuquerque Journal. but Hall’s ‘‘the one who made me famous.’’ tion. The Indianapolis community will In his 24 years of reporting in New While stories can sometimes generate con- continue to benefit from Consul Mexico, both his readers and those he tentious relationships between reporters and their subjects, Romero said respect was Aguilera’s leadership as he seeks to ex- wrote about came to appreciate and re- pand his charitable work in retirement. spect Mike for his knowledge and his never lost for Hall. ‘‘You didn’t always have to have your I am especially pleased that Consul humor. He will be truly missed by New guard up. As an athlete, you always have to Aguilera and his wife Lori have chosen Mexicans. watch out with you guys,’’ the fighter said, to remain in Indianapolis as they pur- I would also like to offer my deepest referring to newspaper reporters. ‘‘With him, sue new and exciting experiences to- condolences to Mike’s family, his wife you didn’t. It was always open arms. He gether. Sondra and children Dionne, Jason, Mi- would let you speak your mind and make you sound good.’’ I appreciate this opportunity to con- chael, and Kathryn and his six grand- gratulate Consul Aguilera and wish children. Born in Muskogee, Okla., in 1945, Hall was raised in Wichita, Kan., and studied jour- him good health and success upon his I ask that an article from the Albu- nalism at Wichita State University, said retirement.∑ querque Journal celebrating Mike’s life Sondra Hall, his wife. f and career be printed in the RECORD. Hall played a lot of sports in his younger The material follows. days, including boxing as an amateur, added TRIBUTE TO MARY BURKS Kathryn Hall, his daughter. [From the Albuquerque Journal, Feb. 24, ∑ Mr. SESSIONS. Mr. President, today 2007] ‘‘He was never very good at it, he always told me, but he liked it,’’ she said. I pay tribute to Mary Burks, founder of JOURNAL EDITOR/WRITER DIES AT 61 Hall loved the crunch of sports reporting: the Alabama Conservancy, mother of VETERAN OF SPORTS DEPARTMENT LIVED IN the road trips, the demanding game-time the wilderness movement, and cham- ABQ. SINCE ’83; COVERED BOXING, UNM WOM- coverage, the interviews and simply getting pion of the Sipsey Wilderness in the EN’S HOOPS the story. Bankhead National Forest. (By Lloyd Jojola) But ultimately, ‘‘he liked to write,’’ Kath- ryn Hall said. Last week, Mary Burks passed away Mike Hall, a veteran New Mexico jour- ‘‘I always thought he just liked to write in Birmingham, at the age of 86. nalist who was best known as a sports editor, (newspaper) articles but it turned out he Her passing is a loss, not just for Ala- writer and columnist, died early Friday. wrote a lot of stuff,’’ she said, referring to bama or the conservation movement, Most recently, Hall held the title of asso- journals the family found. ‘‘We were reading but for every person who has ever ex- ciate sports editor at the Albuquerque Jour- a lot of it last night.’’ plored and enjoyed Alabama’s vast wil- nal and covered Lobo women’s basketball. ‘‘He just wrote all the time.’’ UNM women’s basketball coach Don Flana- Hall’s work., with his easygoing style, was derness. She helped protect those nat- gan said Hall established an ‘‘excellent rela- recognized multiple times by his peers. ural areas, and, without her, our chil- tionship’’ between himself and the players Among his awards, in 1990 Hall received, dren might not be as able to enjoy and staff. along with now Tribune Editor Phill Casaus, them as they do today. ‘‘Once he got the position of our beat re- the best sports story award from the Albu- Her lifelong struggle to protect and porter I knew that it was going to help our querque Press Club for stories on the NCAA’s conserve sensitive lands provides a program immensely just because of his back- investigation surrounding a UNM track record of accomplishment that de- ground, how well he was thought of,’’ Flana- sprinter. The following year, he picked up serves both recognition and celebra- gan said. ‘‘I thought throughout his time his the top sports writing award from the New intention was always very positive With our Mexico Press Association for stories on ath- tion. program, and I appreciated the recognition letic spending at UNM. And in 1993, the press John Randolph, author of a book ti- that he brought to the program.’’ association again honored Hall with a first- tled The Battle for Alabama Wilder- Flanagan said Hall did his homework. The place award for two sports columns. ness, described Mary Burks’s passion coach was often ‘‘amazed’’ Hall knew who ‘‘He was humorous and fun-loving,’’ Kath- for what she did. Randolph says, ‘‘If the staff was recruiting without being told. ryn Hall said, ‘‘and very strong and coura- one believes in fate, then surely Mary Flanagan might not have always liked the geous.’’ Hall was preceded in death by his Burks was fated to become the mother stories that were printed, he said, but Hall parents, Harold Rea Hall and Jewell Gray. was still highly regarded. His survivors include his wife of 30 years, of Alabama wilderness preservation. ‘‘I respected him as a reporter and as some- Sondra; children, Dionne´ Mantaoni, Jason Passionate, tough, and resilient, a body that would give us honest and fair cov- Hall, Michael Bolton and Kathryn Hall; and lover of all things wild and natural erage,’’ he said. six grandchildren. . . .’’

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2269 Mary Burks did not simply sit and World War II, and currently contrib- Although Mr. Sanford is well-known dream. She led a 6-year campaign in utes more than $2,000,000 each year to for his business achievements, he is the early 1970s to designate the Sipsey educational, medical, and other philan- even more distinguished for his philan- Wilderness area in the Bankhead Na- thropic causes. AHEPA’s positive con- thropy. He has donated millions to or- tional Forest as wilderness. In doing tributions stem from both the organi- ganizations that are close to his heart so, she won the support of the entire zation and the outstanding people in- and even started the Sanford Founda- Alabama congressional delegation. volved. Members of AHEPA have tion for charitable giving. In 2005, he That is not always an easy thing to served in the U.S. Armed Forces and gave over $70.5 million to charitable do. have held positions in local, State, and causes in the United States and ranked After the campaign, not only was the Federal Government throughout the 14th on the Chronicle of Philanthropy’s Sipsey Wilderness created, but the years. list of America’s most-generous donors. Eastern Wilderness Area System was As we honor AHEPA’s many suc- Additionally, in 2006, he was named to established when President Gerald cesses, we also celebrate the contribu- the Business Week Top 50 list of most- Ford signed the Eastern Wilderness tions of the more than 1 million Greek- generous philanthropists in the United Act. It is fair to assume that this suc- Americans in this country, some 61,000 States. cess would not have been achieved of whom live in my home State of New Before his most recent donation, Mr. without Mary Burks’ tireless efforts. Jersey. The Hellenic community in Sanford had contributed $20 million to Today, Alabama is home to more America contributes daily to the eco- Sioux Valley for expansion with South than 41,000 acres of wilderness, includ- nomic, political and cultural fabric of Dakota’s medical school and $16 mil- ing the Cheaha and Dugger Mountain this Nation, and the United States lion for Sanford Children’s Hospital, Wilderness Areas. As you know, hun- shares a close relationship with Greece which plans to open in 2009. This recent dreds of thousands of acres have now and the Republic of Cyprus. I look for- gift of $400 million will be used to been designated as wilderness in the ward to working with my colleagues achieve four major goals. These goals Eastern United States. and AHEPA to strengthen America’s are to build 5 pediatric clinics around All of these accomplishments have relationship with our Hellenic friends. the country, to expand research, to roots in Mary Burks’s original push to I commend AHEPA’s commitment to build a health care campus with over 20 preserve wilderness in Alabama. serving the United States and the Hel- separate facilities, and to specialize in Describing the importance of Mary’s lenic community. I congratulate them a specific line of medical research that efforts and the organization that she on their 85 years of advocacy, and I will result in a cure. founded, the Alabama Conservancy, look forward to their bright future.∑ T. Denny Sanford’s generous gift to Floyd Haskell, former U.S. Senator f Sioux Valley will encourage prosperity from Colorado, stated ‘‘If not for the RECOGNIZING T. DENNY SANFORD and growth for South Dakota by gener- Alabama Conservancy, there would be ating an estimated 9,200 new jobs, add- no concept of Eastern Wilderness.’’ ∑ Mr. THUNE. Mr. President, today I ing approximately $1.2 billion to the There is a difference between think- recognize T. Denny Sanford for his gen- economy, drawing patients from ing that things ought to be a certain erosity recently represented by the gift around the world, and improving the way, and actually making them so. Too of $400 million to Sioux Valley Hos- wellness of our citizens. This donation often we are quick to do the former, pitals and Health System. This gift is will reach people from across the coun- and slow to do the latter. But the pro- the second largest donation to any try and make South Dakota a leader tected resources in my home State and medical institution since 2001 and will and magnet in medical research. others are larger in size, great in quan- help Sioux Valley transform itself into T. Denny Sanford is a giving man tity, and more secure in their protec- a world-class research institution. In with a passion for making a difference tion because Mary Burks fought for recognition of the donation and in in the lives around him. He is even them all her life. She left a lasting leg- honor of Mr. Sanford, the health care known to have a goal to ‘‘die broke.’’ acy in Alabama that will forever be felt system has been renamed Sanford Because of his profound generosity and by all who care about wilderness and Health. desire to help others, T. Denny natural places.∑ Since his birth in St. Paul, MN, in Sanford’s influence will be evident for f 1935, T. Denny Sanford has reached many generations to come. many outstanding milestones that de- AMERICAN HELLENIC EDU- On behalf of the State of South Da- serve recognition and praise. After kota, I am honored to rise and say: CATIONAL PROGRESSIVE ASSO- starting work at age 8 in his father’s CIATION Thank you, Denny. Your significant clothing distribution company, he gift will have a lasting influence not ∑ Mr. MENENDEZ. Mr. President, I spent most of his teen years selling his only on the people of South Dakota but would like to offer my sincere con- father’s clothing to retail stores. He on people throughout the world that gratulations to the American Hellenic later graduated with a degree in psy- will be affected by your selfless gen- Educational Progressive Association, chology from the University of Min- erosity.∑ AHEPA, on their 85th anniversary this nesota and was recruited for a sales year. Since 1922, AHEPA has diligently and marketing management position f served the Hellenic community and all with Armstrong Cork Company. Americans through a variety of pro- In the 1960s, Mr. Sanford established MESSAGES FROM THE PRESIDENT grams and outreach endeavors. a manufacturers’ representative com- Initially created to combat discrimi- pany and a regional distribution com- Messages from the President of the nation and hate, AHEPA’s mission has pany. Then in 1971, he bought Contech, United States were communicated to expanded during its distinguished his- a specialty chemical company, from the Senate by Ms. Evans, one of his tory. As the largest and oldest Amer- Sears & Roebuck and took it public the secretaries. ican-based, Greek heritage grassroots following year. After selling Contech in membership organization, AHEPA the 1980s, he created a venture capital f works to promote the Greek ideals of fund to provide financing to young en- philanthropy, education, civic respon- trepreneurs. Out of the 28 companies he EXECUTIVE MESSAGES REFERRED sibility, and family and individual ex- has financed, 18 have become public As in executive session the Presiding cellence within the community. Such corporations. Officer laid before the Senate messages principles can be appreciated by people In 1986, Mr. Sanford purchased United from the President of the United of all backgrounds, and I commend National Bank in Sioux Falls, SD. The States submitting sundry nominations AHEPA for inspiring and supporting bank, now named First Premier Bank, which were referred to the appropriate generations of Americans. has expanded throughout South Da- committees. AHEPA’s work has touched people kota and includes Premier Bankcard (The nominations received today are from all walks of life. The organization Inc., which is a national leader in the printed at the end of the Senate pro- raised funds for U.S. war bonds during credit card industry. ceedings.)

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2270 CONGRESSIONAL RECORD — SENATE February 27, 2007 EXECUTIVE AND OTHER EC–769. A communication from the Sec- port relative to a contract entered into with COMMUNICATIONS retary of Commerce, transmitting, pursuant a private security screening company to pro- to law, the Department’s 2007 Report on For- vide screening services; to the Committee on The following communications were eign Policy-Based Export Controls; to the Commerce, Science, and Transportation. laid before the Senate, together with Committee on Banking, Housing, and Urban EC–780. A communication from the Acting accompanying papers, reports, and doc- Affairs. Director, Office of Sustainable Fisheries, De- uments, and were referred as indicated: EC–770. A communication from the Direc- partment of Commerce, transmitting, pursu- EC–758. A communication from the Sec- tor of the Office of Legislative Affairs, Fed- ant to law, the report of a rule entitled retary of Agriculture, transmitting, the re- eral Deposit Insurance Corporation, Depart- ‘‘Fisheries of the Exclusive Economic Zone port of draft legislation to authorize con- ment of the Treasury, transmitting, pursu- Off Alaska; Inseason Adjustment to the 2007 struction of a classical Chinese Garden on ant to law, the report of a rule entitled A and B Season Allowances of Pollock in the grounds of the National Arboretum; to ‘‘Management Official Interlocks’’ (RIN3064– Statistical Area 620 in the Gulf of Alaska’’ the Committee on Agriculture, Nutrition, AD13) received on February 22, 2007; to the (ID No. 010807A) received on February 22, and Forestry. Committee on Banking, Housing, and Urban 2007; to the Committee on Commerce, EC–759. A communication from the Chair- Affairs. Science, and Transportation. man and Chief Executive Officer, Farm Cred- EC–771. A communication from the Chief EC–781. A communication from the Acting it Administration, transmitting, pursuant to Counsel, Office of Foreign Assets Control, Director, Office of Sustainable Fisheries, De- law, a report relative to its 2007 compensa- Department of the Treasury, transmitting, partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled tion program adjustments; to the Committee pursuant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone on Agriculture, Nutrition, and Forestry. ‘‘Global Terrorism Sanctions Regulations’’ Off Alaska; Inseason Adjustment to the 2007 EC–760. A communication from the Assist- (31 CFR Part 594) received on February 22, Aleutian Islands Atka Mackerel Total Allow- ant Secretary of the Navy (Installations and 2007; to the Committee on Banking, Housing, Environment), transmitting, pursuant to able Catch Amounts’’ (ID No. 010807B) re- and Urban Affairs. ceived on February 22, 2007; to the Com- law, a report relative to the Department’s EC–772. A communication from the Chief mittee on Commerce, Science, and Transpor- decision to conduct a public-private competi- Counsel, Federal Emergency Management tation. tion including ocean terminal operations and Agency, Department of Homeland Security, maintenance services in Norfolk, Virginia; EC–782. A communication from the Acting transmitting, pursuant to law, the report of Director, Office of Sustainable Fisheries, De- to the Committee on Armed Services. a rule entitled ‘‘Final Flood Elevation Deter- EC–761. A communication from the Assist- partment of Commerce, transmitting, pursu- minations’’ (72 FR 1461) received on February ant to law, the report of a rule entitled ant Secretary of the Navy (Installations and 22, 2007; to the Committee on Banking, Hous- Environment), transmitting, pursuant to ‘‘Fisheries of the Exclusive Economic Zone ing, and Urban Affairs. law, a report relative to the Department’s Off Alaska; Atka Mackerel Lottery in Areas EC–773. A communication from the Deputy 542 and 543’’ (ID No. 011107A) received on Feb- decision to conduct a public-private competi- Assistant Secretary for Export Administra- tion including administrative support serv- ruary 22, 2007; to the Committee on Com- tion, Bureau of Industry and Security, De- merce, Science, and Transportation. ices; to the Committee on Armed Services. partment of Commerce, transmitting, pursu- EC–762. A communication from the Direc- EC–783. A communication from the Direc- ant to law, the report of a rule entitled tor, Defense Procurement and Acquisition tor, Office of Acquisition Management and ‘‘Technical Corrections to the Export Ad- Policy, Department of Defense, transmit- Procurement Executive, Department of Com- ministration Regulations and to the Defense ting, pursuant to law, the report of a rule en- merce, transmitting, pursuant to law, a re- titled ‘‘Emergency Acquisitions’’ (DFARS Priorities and Allocations System Regula- port relative to the Department’s competi- Case 2006–D036) received on February 22, 2007; tion’’ (RIN0694–AD88) received on February tive sourcing efforts for fiscal year 2006; to to the Committee on Armed Services. 22, 2007; to the Committee on Banking, Hous- the Committee on Commerce, Science, and EC–763. A communication from the Direc- ing, and Urban Affairs. Transportation. EC–784. A communication from the Direc- tor, Defense Procurement and Acquisition EC–774. A communication from the Assist- tor, Office of Sustainable Fisheries, Depart- Policy, Department of Defense, transmit- ant Secretary for Export Administration, ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- Bureau of Industry and Security Administra- to law, the report of a rule entitled ‘‘Fish- titled ‘‘Notification Requirements for Crit- tion, Department of Commerce, transmit- eries of the Exclusive Economic Zone Off ical Safety Items’’ (DFARS Case 2004–D008) ting, pursuant to law, the report of a rule en- Alaska; Pollock in Statistical Area 610 in the received on February 22, 2007; to the Com- titled ‘‘North Korea: Imposition of New For- Gulf of Alaska’’ (ID No. 011107F) received on mittee on Armed Services. eign Policy Controls’’ (RIN0694–AD97) re- February 22, 2007; to the Committee on Com- EC–764. A communication from the Direc- ceived on February 22, 2007; to the Com- merce, Science, and Transportation. tor, Defense Procurement and Acquisition mittee on Banking, Housing, and Urban Af- EC–785. A communication from the Sec- Policy, Department of Defense, transmit- fairs. EC–775. A communication from the Chief retary of Transportation, transmitting, pur- ting, pursuant to law, the report of a rule en- suant to law, the Department’s biennial re- titled ‘‘Berry Amendment Restrictions— Counsel, Federal Emergency Management Agency, Department of Homeland Security, port relative to the regulatory status of cer- Clothing Materials and Components Cov- tain open safety recommendations; to the ered’’ (DFARS Case 2006–D031) received on transmitting, pursuant to law, the report of a rule entitled ‘‘Final Flood Elevation Deter- Committee on Commerce, Science, and February 22, 2007; to the Committee on Transportation. minations’’ (72 FR 2783) received on February Armed Services. EC–786. A communication from the Direc- EC–765. A communication from the Chair- 22, 2007; to the Committee on Banking, Hous- tor, National Park Service, Department of man and President of the Export-Import ing, and Urban Affairs. the Interior, transmitting, pursuant to law, EC–776. A communication from the Office Bank of the United States, transmitting, the Service’s report relative to Preservation pursuant to law, a report relative to trans- Director, Office of Congressional Affairs, Technology and Training for fiscal year 2005; actions involving U.S. exports to Kenya; to U.S. Nuclear Regulatory Commission, trans- to the Committee on Energy and Natural Re- the Committee on Banking, Housing, and mitting, pursuant to law, the report of a rule sources. Urban Affairs. entitled ‘‘Export and Import of Nuclear Ma- EC–787. A communication from the Admin- EC–766. A communication from the Chair- terials; Exports to Libya Restricted’’ istrator, Energy Information Administra- man and President of the Export-Import (RIN3150–AI02) received on February 22, 2007; tion, Department of Energy, transmitting, Bank of the United States, transmitting, to the Committee on Banking, Housing, and pursuant to law, a report entitled ‘‘Perform- pursuant to law, a report relative to a trans- Urban Affairs. ance Profiles of Major Energy Producers action involving U.S. exports to Morocco; to EC–777. A communication from the Chief 2005’’; to the Committee on Energy and Nat- the Committee on Banking, Housing, and Operating Officer and President, Resolution ural Resources. Urban Affairs. Funding Corporation, transmitting, pursu- EC–788. A communication from the Direc- EC–767. A communication from the Chair- ant to law, a report relative to the Corpora- tor, Fish and Wildlife Service, Department of man and President of the Export-Import tion’s system of internal controls and the the Interior, transmitting, pursuant to law, Bank of the United States, transmitting, 2006 Audited Financial Statements; to the the report of a rule entitled ‘‘Final Rule Des- pursuant to law, a report relative to trans- Committee on Banking, Housing, and Urban ignating the Western Great Lakes Popu- actions involving U.S. exports to Canada; to Affairs. lation of Gray Wolves as a Distinct Popu- the Committee on Banking, Housing, and EC–778. A communication from the Chief lation Segment; Removing the Western Urban Affairs. Operating Officer and President, Financing Great Lakes Distinct Population Segment of EC–768. A communication from the Sec- Corporation, transmitting, pursuant to law, the Gray Wolf From the List of Endangered retary of the Treasury, transmitting, pursu- a report relative to the Corporation’s system and Threatened Wildlife’’ (RIN1018–AU54) re- ant to law, a six-month periodic report on of internal controls and the 2006 Audited Fi- ceived on February 16, 2007; to the Com- the national emergency with respect to the nancial Statements; to the Committee on mittee on Environment and Public Works. undermining of democratic processes or in- Banking, Housing, and Urban Affairs. EC–789. A communication from the Acting stitutions in Zimbabwe that was declared in EC–779. A communication from the Assist- Assistant Secretary for Fish, Wildlife and Executive Order 13288 of March 6, 2003; to the ant Secretary, Transportation Security Ad- Parks, Department of the Interior, transmit- Committee on Banking, Housing, and Urban ministration, Department of Homeland Se- ting, pursuant to law, the report of a rule en- Affairs. curity , transmitting, pursuant to law, a re- titled ‘‘Endangered and Threatened Wildlife

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2271 and Plants; Withdrawal of Proposed Rule to ternal Revenue Service, Department of the ternal Revenue Service, Department of the List Lepidium Papilliferum (Slickspot Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Peppergrass)’’ (RIN1018–AU99) received on report of a rule entitled ‘‘Guidance on Tax report of a rule entitled ‘‘Applicable Federal February 16, 2007; to the Committee on Envi- Treatment of Cross Licensing Arrange- Rates—March 2007’’ (Rev. Rul. 2007–15) re- ronment and Public Works. ments’’ (Rev. Proc. 2007–23) received on Feb- ceived on February 21, 2007; to the Com- EC–790. A communication from the Prin- ruary 16, 2007; to the Committee on Finance. mittee on Finance. cipal Deputy Associate Administrator, Office EC–800. A communication from the Chief of EC–811. A communication from the Chief of of Policy, Economics and Innovation, Envi- the Publications and Regulations Branch, In- the Publications and Regulations Branch, In- ronmental Protection Agency, transmitting, ternal Revenue Service, Department of the ternal Revenue Service, Department of the pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the ‘‘Approval and Promulgation of Air Quality report of a rule entitled ‘‘Bureau of Labor report of a rule entitled ‘‘LMSB Tier II Implementation Plans; Revised Format for Statistics Price Indexes for Department Issue—Field Directive on the Examination of Materials Being Incorporated by Reference Stores—December 2006’’ (Rev. Rul. 2007–11) IRC Section 172(f) Specified Liability Losses for North Dakota’’ (FRL No. 8274–6) received received on February 16, 2007; to the Com- #1—Industry Directive’’ (LMSB–04–02070–009) on February 23, 2007; to the Committee on mittee on Finance. received on February 21, 2007; to the Com- Environment and Public Works. EC–801. A communication from the Chief of mittee on Finance. EC–791. A communication from the Prin- the Publications and Regulations Branch, In- EC–812. A communication from the Chief of cipal Deputy Associate Administrator, Office ternal Revenue Service, Department of the the Publications and Regulations Branch, In- of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the ternal Revenue Service, Department of the ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Obsoleting Income Treasury, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled Rulings’’ (Rev. Rul. 2007–14) received on Feb- report of a rule entitled ‘‘Investor Control ‘‘Approval and Promulgation of Air Quality ruary 22, 2007; to the Committee on Finance. and General Public’’ (Rev. Rul. 2007–13) re- Implementation Plans; West Virginia; Up- EC–802. A communication from the Sec- ceived on February 21, 2007; to the Com- date to Materials Incorporated by Ref- retary of Health and Human Services, trans- mittee on Finance. erence’’ (FRL No. 8273–7) received on Feb- mitting, pursuant to law, a report relative to EC–813. A communication from the Chair- ruary 23, 2007; to the Committee on Environ- the number of projects that will be con- man, Broadcasting Board of Governors, ment and Public Works. ducted under the Medicare Hospital transmitting, proposed legislation to author- EC–792. A communication from the Prin- Gainsharing Demonstration; to the Com- ize appropriations for the Board for fiscal cipal Deputy Associate Administrator, Office mittee on Finance. years 2008 and 2009; to the Committee on For- of Policy, Economics and Innovation, Envi- EC–803. A communication from the Assist- eign Relations. ronmental Protection Agency, transmitting, ant Secretary, Office of Legislative Affairs, EC–814. A communication from the Assist- pursuant to law, the report of a rule entitled Department of State, transmitting, pursuant ant Secretary, Office of Legislative Affairs, ‘‘Final Authorization of State Hazardous to law, an addition to the Certification to Department of State, transmitting, pursuant Waste Management Program Revision’’ (FRL the Congress; to the Committee on Finance. to law, the Department’s Alternative Fuel No. 8281–3) received on February 23, 2007; to EC–804. A communication from the Chief of Vehicle program report for fiscal year 2006; the Committee on Environment and Public the Publications and Regulations Branch, In- to the Committee on Foreign Relations. Works. ternal Revenue Service, Department of the EC–815. A communication from the Chief EC–793. A communication from the Prin- Treasury, transmitting, pursuant to law, the Operating Officer, U.S. Agency for Inter- cipal Deputy Associate Administrator, Office report of a rule entitled ‘‘Study on Donor national Development, transmitting, pursu- of Policy, Economics and Innovation, Envi- Advised Funds and Supporting Organiza- ant to law, (3) reports relative to vacancy ronmental Protection Agency, transmitting, tions’’ (Notice 2007–21) received on February announcements within the Agency; to the pursuant to law, the report of a rule entitled 16, 2007; to the Committee on Finance. Committee on Foreign Relations. ‘‘Halosulfuron-methyl; Pesticide Tolerance’’ EC–805. A communication from the Chief of EC–816. A communication from the Assist- (FRL No. 8113–8) received on February 23, the Publications and Regulations Branch, In- ant Secretary, Office of Legislative Affairs, 2007; to the Committee on Environment and ternal Revenue Service, Department of the Department of State, transmitting, pursuant Public Works. Treasury, transmitting, pursuant to law, the to law, a quarterly report relative to the ob- EC–794. A communication from the Prin- report of a rule entitled ‘‘Electronic Pay- ligations and outlays of fiscal year 2004, 2005, cipal Deputy Associate Administrator, Office ment Option for User Fee Charges for Form and 2006 funds; to the Committee on Foreign of Policy, Economics and Innovation, Envi- 8802’’ (Rev. Proc. 2007–22) received on Feb- Relations. ronmental Protection Agency, transmitting, ruary 16, 2007; to the Committee on Finance. EC–817. A communication from the Assist- pursuant to law, the report of a rule entitled EC–806. A communication from the Chief of ant Secretary, Office of Legislative Affairs, ‘‘Orthosulfamuron; Pesticide Tolerance’’ the Publications and Regulations Branch, In- Department of State, transmitting, pursuant (FRL No. 8113–4) received on February 23, ternal Revenue Service, Department of the to law, a report relative to post-liberation 2007; to the Committee on Environment and Treasury, transmitting, pursuant to law, the Iraq; to the Committee on Foreign Rela- Public Works. report of a rule entitled ‘‘Section 181—De- tions. EC–795. A communication from the Prin- duction for Qualified Film and Television EC–818. A communication from the Acting cipal Deputy Associate Administrator, Office Production Costs’’ ((RIN1545–BF95)(TD 9312)) Assistant Secretary, Employee Benefits Se- of Policy, Economics and Innovation, Envi- received on February 16, 2007; to the Com- curity Administration, Department of Labor, ronmental Protection Agency, transmitting, mittee on Finance. transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled EC–807. A communication from the Chief of a rule entitled ‘‘Interim Final Rule Relating ‘‘Sethoxydim; Pesticide Tolerance’’ (FRL the Publications and Regulations Branch, In- to Amendments to Safe Harbor for Distribu- No. 8115–8) received on February 23, 2007; to ternal Revenue Service, Department of the tions from Terminated Individual Account the Committee on Environment and Public Treasury, transmitting, pursuant to law, the Plans and Termination of Abandoned Indi- Works. report of a rule entitled ‘‘Announcement: vidual Account Plans to Require Inherited EC–796. A communication from the Prin- Compliance Resolution Program for Employ- Individual Retirement Plans for Missing cipal Deputy Associate Administrator, Office ees Other Than Corporate Insiders for Addi- Nonspouse Beneficiaries’’ (RIN1210–AB16) re- of Policy, Economics and Innovation, Envi- tional 2006 Taxes Arising Under Section 409A ceived on February 15, 2007; to the Com- ronmental Protection Agency, transmitting, Due to the Exercise of Stock Rights’’ (An- mittee on Health, Education, Labor, and pursuant to law, the report of a rule entitled nouncement 2007–18) received on February 16, Pensions. ‘‘State Operating Permit Programs; West 2007; to the Committee on Finance. EC–819. A commmunication from the Om- Virginia; Amendment to the Definitions of a EC–808. A communication from the Chief of budsman, Energy Employees Compensation ‘Major Source’ and ‘Volatile Organic Com- the Publications and Regulations Branch, In- Program, Department of Labor, transmit- pound’’’ (FRL No. 8280–8) received on Feb- ternal Revenue Service, Department of the ting, pursuant to law, the Ombudsman’s An- ruary 23, 2007; to the Committee on Environ- Treasury, transmitting, pursuant to law, the nual Report for 2006; to the Committee on ment and Public Works. report of a rule entitled ‘‘Payroll Taxes on Health, Education, Labor, and Pensions. EC–797. A communication from the Chair- Deferred Compensation’’ (Rev. Rul. 2007–12) EC–820. A communication from the Sec- man, Board of Director, Tennessee Valley received on February 16, 2007; to the Com- retary of Education, transmitting, pursuant Authority, transmitting, pursuant to law, a mittee on Finance. to law, a report relative to the Department’s report relative to the Board’s conflict-of-in- EC–809. A communication from the Chief of competitive sourcing efforts for fiscal year terest policy; to the Committee on Environ- the Publications and Regulations Branch, In- 2006; to the Committee on Health, Education, ment and Public Works. ternal Revenue Service, Department of the Labor, and Pensions. EC–798. A communication from the Sec- Treasury, transmitting, pursuant to law, the EC–821. A communication from the Interim retary of Transportation, transmitting, a report of a rule entitled ‘‘Revenue Ruling: Director, Pension Benefit Guaranty Corpora- bill entitled ‘‘The Next Generation Air 2007 Prevailing State Assumed Interest tion, transmitting, pursuant to law, the re- Transportation System Financing Reform Rates’’ (Rev. Rul. 2007–10) received on Feb- port of a rule entitled ‘‘Mortality Assump- Act of 2007’’; to the Committee on Finance. ruary 16, 2007; to the Committee on Finance. tions’’ (RIN1212–AB08) received on February EC–799. A communication from the Chief of EC–810. A communication from the Chief of 22, 2007; to the Committee on Health, Edu- the Publications and Regulations Branch, In- the Publications and Regulations Branch, In- cation, Labor, and Pensions.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2272 CONGRESSIONAL RECORD — SENATE February 27, 2007 EC–822. A communication from the Direc- the Committee on Homeland Security and Health Administration, Department of Vet- tor, Regulations Policy and Management Governmental Affairs. erans Affairs, transmitting, pursuant to law, Staff, Department of Health and Human EC–834. A communication from the Con- the report of a rule entitled ‘‘Priority for Services, transmitting , pursuant to law, the troller, Office of Management and Budget, Partial Grants to States for Construction or report of a rule entitled ‘‘Food Labeling: Nu- Executive Office of the President, transmit- Acquisition of State Home Facilities’’ trient Content Claims, Expansion of the Nu- ting, pursuant to law, two reports relative to (RIN2900–AM42) received on February 16, trient Content Claim ‘Lean’ ’’ ((RIN0910– federal financial management; to the Com- 2007; to the Committee on Veterans’ Affairs. ZA27)(Docket No. 2004P–0183)) received on mittee on Homeland Security and Govern- EC–847. A communication from the Chief, February 22, 2007; to the Committee on mental Affairs. Programs and Legislation Division, Depart- Health, Education, Labor, and Pensions. EC–835. A communication from the Archi- ment of the Air Force, transmitting, pursu- EC–823. A communication from the Interim vist of the United States, transmitting, pur- ant to law, a report relative to the initiation Director, Pension Benefit Guaranty Corpora- suant to law, an annual report on category of a standard competition of the Commu- tion, transmitting, pursuant to law, the re- rating for calendar year 2006; to the Com- nications Operations and Maintenance func- port of a rule entitled ‘‘Benefits Payable in mittee on Homeland Security and Govern- tion at Scott Air Force Base, Illinois; to the Terminated Single-Employer Plans; Alloca- mental Affairs. Committee on Armed Services. tion of Assets in Single-Employer Plans; In- EC–836. A communication from the Direc- EC–848. A communication from the Assist- teresting Assumptions for Valuing and Pay- tor of Legislative Affairs, Office of the Direc- ant Secretary of the Army (Manpower and ing Benefits’’ (Docket No. 2006N–0335) re- tor of National Intelligence, transmitting, Reserve Affairs), transmitting, pursuant to ceived on February 22, 2007; to the Com- pursuant to law, the report of action on a law, a report relative to the Army National mittee on Health, Education, Labor, and nomination for the position of Director of Guard and Army Reserve; to the Committee Pensions. National Intelligence, received on February on Armed Services. EC–824. A communication from the Sec- 22, 2007; to the Select Committee on Intel- f retary of Health and Human Services, trans- ligence. mitting, pursuant to law, a report relative to EC–837. A communication from the Deputy REPORTS OF COMMITTEES preventing loss of life due to extreme indoor Assistant Attorney General, Office of Legal The following reports of committees temperatures; to the Committee on Health, Policy, Department of Justice, transmitting, were submitted: Education, Labor, and Pensions. pursuant to law, the report of a rule entitled EC–825. A communication from the Chair- ‘‘Applicability of the Sex Offender Registra- By Mr. LEAHY, from the Committee on man, U.S. Nuclear Regulatory Commission, tion and Notification Act’’ (RIN1105–AB22) the Judiciary, without amendment: S. 316. A bill to prohibit brand name drug transmitting, pursuant to law, the Commis- received on February 16, 2007; to the Com- companies from compensating generic drug sion’s annual report on the administration of mittee on the Judiciary. companies to delay the entry of a generic the Government in the Sunshine Act for 2006; EC–838. A communication from the Staff drug into the market. to the Committee on Homeland Security and Director, United States Commission on Civil Governmental Affairs. Rights, transmitting, pursuant to law, the f EC–826. A communication from the Chair- report of the appointment of members to the EXECUTIVE REPORTS OF man and Chief Executive Officer, Farm Cred- Alabama Advisory Committee; to the Com- it Administration, transmitting, pursuant to mittee on the Judiciary. COMMITTEES law, the Administration’s annual report rel- EC–839. A communication from the Staff The following executive reports of ative to its compliance with the Sunshine Director, United States Commission on Civil nominations were submitted: Act; to the Committee on Homeland Secu- Rights, transmitting, pursuant to law, the By Mr. LEVIN for the Committee on rity and Governmental Affairs. report of the appointment of members to the Armed Services. EC–827. A communication from the Asso- Mississippi Advisory Committee; to the Air Force nominations beginning with ciate General Counsel for General Law, De- Committee on the Judiciary. Brigadier General Shelby G. Bryant and end- partment of Homeland Security, transmit- EC–840. A communication from the Clerk ing with Colonel Paul G. Worcester, which ting, pursuant to law, (6) reports relative to of Court, United States Court of Federal nominations were received by the Senate and vacancy announcements within the Depart- Claims, transmitting, pursuant to law, the appeared in the Congressional Record on ment, received on February 22, 2007; to the Court’s Annual Report for the year ended January 29, 2007. (minus 2 nominees: Briga- Committee on Homeland Security and Gov- September 30, 2006; to the Committee on the dier General Michael D. Dubie; Colonel Trav- ernmental Affairs. Judiciary. is D. Balch) EC–828. A communication from the Com- EC–841. A communication from the Regu- Army nomination of Maj. Gen. Benjamin missioner, Social Security Administration, latory Management Specialist, Bureau of C. Freakley, 0002, to be Lieutenant General. transmitting, pursuant to law, the Inspector Immigration and Customs Enforcement, De- Marine Corps nominations beginning with General’s Semiannual Report for the period partment of Homeland Security, transmit- Colonel David H. Berger and ending with ending September 30, 2006; to the Committee ting, pursuant to law, the report of a rule en- Colonel Robert R. Ruark, which nominations on Homeland Security and Governmental Af- titled ‘‘Consular Notification for Aliens De- were received by the Senate and appeared in fairs. tained Prior to an Order of Removal’’ the Congressional Record on January 16, EC–829. A communication from the Chair- (RIN1653–AA53) received on February 22, 2007; 2007. man, Board of Governors, United States to the Committee on the Judiciary. Marine Corps nomination of Col. Tracy L. Postal Service, transmitting, pursuant to EC–842. A communication from the Under Garrett, 7668, to be Brigadier General. law, the Board’s annual report relative to its Secretary and Director, United States Pat- Mr. LEVIN. Mr. President, for the compliance with the Sunshine Act for 2006; ent and Trademark Office, Department of to the Committee on Homeland Security and Commerce, transmitting, pursuant to law, Committee on Armed Services I report Governmental Affairs. the report of a rule entitled ‘‘Changes to Im- favorably the following nomination EC–830. A communication from the Sec- plement Priority Document Exchange Be- lists which were printed in the RECORD retary of Commerce, transmitting, pursuant tween Intellectual Property Offices’’ on the dates indicated, and ask unani- to law, the Inspector General’s Semiannual (RIN0651–AB75) received on February 22, 2007; mous consent, to save the expense of Report for the period ending September 30, to the Committee on the Judiciary. reprinting on the Executive Calendar 2006; to the Committee on Homeland Secu- EC–843. A communication from the Comp- that these nominations lie at the Sec- rity and Governmental Affairs. troller General of the United States, trans- retary’s desk for the information of EC–831. A communication from the Deputy mitting, pursuant to law, the Office’s Per- Director of Communications and Legislative formance and Accountability Report for fis- Senators. Affairs, U.S. Equal Employment Opportunity cal year 2006; to the Committee on Rules and The PRESIDING OFFICER. Without Commission, transmitting, pursuant to law, Administration. objection, it is so ordered. the Commission’s Annual Sunshine Act Re- EC–844. A communication from the Public Air Force nominations beginning with port for 2006; to the Committee on Homeland Printer, Government Printing Office, trans- Gino L. Auteri and ending with Jesus E. Security and Governmental Affairs. mitting, pursuant to law, a report entitled Zarate, which nominations were received by EC–832. A communication from the Chair- ‘‘Great Leaders/Great Solutions’’; to the the Senate and appeared in the Congres- man, National Endowment for the Arts, Committee on Rules and Administration. sional Record on February 7, 2007. transmitting, pursuant to law, a report rel- EC–845. A communication from the Direc- Air Force nominations beginning with ative to the Organization’s competitive tor of Regulations Management, Veterans Brian E. Bergeron and ending with Lolo sourcing efforts during fiscal year 2006; to Benefits Administration, Department of Vet- Wong, which nominations were received by the Committee on Homeland Security and erans Affairs, transmitting, pursuant to law, the Senate and appeared in the Congres- Governmental Affairs. the report of a rule entitled ‘‘Home School- sional Record on February 7, 2007. EC–833. A communication from the Presi- ing and Educational Institution’’ (RIN2900– Air Force nominations beginning with dent and CEO, Inter-American Foundation, AM37) received on February 16, 2007; to the Brian D. Affleck and ending with Lorna A. transmitting, pursuant to law, a report rel- Committee on Veterans’ Affairs. Westfall, which nominations were received ative to the Organization’s competitive EC–846. A communication from the Direc- by the Senate and appeared in the Congres- sourcing efforts during fiscal year 2006; to tor of Regulations Management, Veterans sional Record on February 7, 2007.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2273 Air Force nominations beginning with Wil- by the Senate and appeared in the Congres- By Mr. LUGAR (for himself and Mrs. liam R. Baez and ending with Michael D. sional Record on February 15, 2007. LINCOLN): Webb, which nominations were received by Marine Corps nomination of Jorge L. Me- S. 689. A bill to amend the Internal Rev- the Senate and appeared in the Congres- dina, 8975, to be Lieutenant Colonel. enue Code of 1986 to permanently extend and sional Record on February 7, 2007. Marine Corps nominations beginning with expand the charitable deduction for con- Air Force nominations beginning with Douglas M. Finn and ending with Ronald P. tributions of food inventory; to the Com- Kent D. Abbott and ending with An Zhu, Heflin, which nominations were received by mittee on Finance. which nominations were received by the Sen- the Senate and appeared in the Congres- By Ms. LANDRIEU: ate and appeared in the Congressional sional Record on February 15, 2007. S. 690. A bill to amend the Small Business Record on February 7, 2007. Marine Corps nominations beginning with Act to authorize the Administrator of the Air Force nominations beginning with An- Charles E. Brown and ending with David S. Small Business Administration to waive the thony J. Pacenta and ending with Charles J. Phillips, which nominations were received prohibition on duplication of certain disaster by the Senate and appeared in the Congres- Malone, which nominations were received by relief assistance; to the Committee on Small sional Record on February 15, 2007. Business and Entrepreneurship. the Senate and appeared in the Congres- Marine Corps nominations beginning with sional Record on February 7, 2007. By Mr. CONRAD: Steven P. Couture and ending with Jesse S. 691. A bill to amend title XVIII of the Air Force nominations beginning with Mcrae, which nominations were received by Tansel Acar and ending with David A. Social Security Act to improve the benefits the Senate and appeared in the Congres- under the Medicare program for beneficiaries Zimliki, which nominations were received by sional Record on February 15, 2007. the Senate and appeared in the Congres- with kidney disease, and for other purposes; Marine Corps nominations beginning with to the Committee on Finance. sional Record on February 7, 2007. Jonathan G. Allen and ending with John W. Air Force nominations beginning with By Mr. OBAMA: Wiggins, which nominations were received S. 692. A bill to amend title 38, United Brian G. Accola and ending with David H. by the Senate and appeared in the Congres- Zonies, which nominations were received by States Code, to establish a Hospital Quality sional Record on February 15, 2007. Report Card Initiative to report on health the Senate and appeared in the Congres- Marine Corps nominations beginning with care quality in Veterans Affairs hospitals; to sional Record on February 7, 2007. Charles E. Daniels and ending with Timothy the Committee on Veterans’ Affairs. Air Force nominations beginning with Jef- O. Evans, which nominations were received By Mr. FEINGOLD (for himself and Ms. frey M. Klosky and ending with Robert W. by the Senate and appeared in the Congres- Ross III, which nominations were received by COLLINS): sional Record on February 16, 2007. S. 693. A bill to amend the Public Health the Senate and appeared in the Congres- Marine Corps nomination of Brian T. Service Act to reauthorize the Automated sional Record on February 15, 2007. Thompson, 6676, to be Major. Defibrillation in Adam’s Memory Act; to the Army nomination of Todd A. Plimpton, Marine Corps nomination of Michael R. Committee on Health, Education, Labor, and 7389, to be Colonel. Cirillo, 7216, to be Major. Pensions. Army nominations beginning with Perry Marine Corps nominations beginning with By Mrs. CLINTON (for herself, Mr. L. Hagaman and ending with William A. Vernon L. Dariso and ending with Richard SUNUNU, Mr. REED, Mr. KERRY, Mr. Hall, which nominations were received by W. Fiorvanti, Jr., which nominations were DURBIN, Mr. NELSON of Florida, Ms. the Senate and appeared in the Congres- received by the Senate and appeared in the MIKULSKI, Mr. SCHUMER, Mrs. FEIN- sional Record on February 7, 2007. Congressional Record on February 16, 2007. STEIN, Mr. ROBERTS, Mrs. HUTCHISON, Army nominations beginning with David Marine Corps nominations beginning with and Mr. LAUTENBERG): W. Admire and ending with D060341, which Leonard R. Domitrovits and ending with Robert W. Sajewski, which nominations were S. 694. A bill to direct the Secretary of nominations were received by the Senate and received by the Senate and appeared in the Transportation to issue regulations to re- appeared in the Congressional Record on Congressional Record on February 16, 2007. duce the incidence of child injury and death February 7, 2007. Marine Corps nominations beginning with occurring inside or outside of light motor ve- Army nominations beginning with James Samson P. Avenetti and ending with Fran- hicles, and for other purposes; to the Com- A. Adamec and ending with Vanessa cisco C. Ragsac, which nominations were re- mittee on Commerce, Science, and Transpor- Worsham, which nominations were received ceived by the Senate and appeared in the tation. by the Senate and appeared in the Congres- Congressional Record on February 16, 2007. By Ms. SNOWE (for herself and Mr. sional Record on February 7, 2007. Marine Corps nominations beginning with MENENDEZ): Army nominations beginning with Dennis Jason B. Davis and ending with Peter M. S. 695. A bill to amend the International R. Bell and ending with Kent J. Vince, which Tavares, which nominations were received Claims Settlement Act of 1949 to allow for nominations were received by the Senate and by the Senate and appeared in the Congres- certain claims of nationals of the United appeared in the Congressional Record on sional Record on February 16, 2007. States against Turkey, and for other pur- February 7, 2007. Marine Corps nominations beginning with poses; to the Committee on Foreign Rela- Army nominations beginning with Ronald Darren L. Ducoing and ending with Kenneth tions. J. Aquino and ending with D060343, which L. Vanzandt, which nominations were re- By Mr. BAUCUS: nominations were received by the Senate and ceived by the Senate and appeared in the S. 696. A bill to establish an Advanced Re- appeared in the Congressional Record on Congressional Record on February 16, 2007. search Projects Administration-Energy to February 7, 2007. Marine Corps nominations beginning with initiate high risk, innovative energy re- Army nomination of Miyako N. Schanely, Robert T. Charlton and ending with Brian A. search to improve the energy security of the 5496, to be Colonel. Tobler, which nominations were received by United States, and for other purposes; to the Army nominations beginning with An- the Senate and appeared in the Congres- Committee on Energy and Natural Re- thony C. Adolph and ending with Kaiesha N. sional Record on February 16, 2007. sources. Wright, which nominations were received by Navy nomination of Mark A. Gladue, 5228, By Mr. SPECTER (for himself and Mr. to be Commander. the Senate and appeared in the Congres- CASEY): Navy nomination of Terry L. Rucker, 0803, sional Record on February 15, 2007. S. 697. A bill to establish the Steel Indus- to be Captain. Army nominations beginning with Andrew try National Historic Site in the State of W. Aquino and ending with Paul J. Willis, (Nominations without an asterisk Pennsylvania; to the Committee on Energy which nominations were received by the Sen- were reported with the recommenda- and Natural Resources. ate and appeared in the Congressional tion that they be confirmed.) By Mr. DURBIN (for himself, Mr. Record on February 15, 2007. f HAGEL, and Mr. WARNER): Army nomination of Susan M. Osovitzoien, S. 698. A bill to amend title 38, United 4744, to be Lieutenant Colonel. INTRODUCTION OF BILLS AND States Code, to expand and enhance edu- Army nomination of Tom K. Staton, 7158, JOINT RESOLUTIONS cational assistance for survivors and depend- to be Major. The following bills and joint resolu- ents of veterans; to the Committee on Vet- Army nomination of Evan F. Tillman, 1630, erans’ Affairs. to be Major. tions were introduced, read the first f Army nominations beginning with Michael and second times by unanimous con- A. Clark and ending with Janet L. Norman, sent, and referred as indicated: SUBMISSION OF CONCURRENT AND which nominations were received by the Sen- By Ms. COLLINS (for herself and Mr. SENATE RESOLUTIONS ate and appeared in the Congressional KENNEDY): The following concurrent resolutions Record on February 16, 2007. S. 687. A bill to amend the Internal Rev- Army nominations beginning with Edward enue Code of 1986 to provide a business credit and Senate resolutions were read, and W. Trudo and ending with Ming Jiang, which against income for the purchase of fishing referred (or acted upon), as indicated: nominations were received by the Senate and safety equipment; to the Committee on Fi- By Mr. SALAZAR (for himself, Mr. EN- appeared in the Congressional Record on nance. SIGN, Mr. BROWN, Mr. KERRY, and Mr. February 16, 2007. By Mr. GRAHAM: AKAKA): Marine Corps nominations beginning with S. 688. A bill for the relief of Griselda S. Res. 86. A resolution designating March Donald E. Evans, Jr. and ending with Elliott Lopez Negrete; to the Committee on the Ju- 1, 2007, as ‘‘Siblings Connection Day’’; to the J. Rowe, which nominations were received diciary. Committee on the Judiciary.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2274 CONGRESSIONAL RECORD — SENATE February 27, 2007 By Mr. HAGEL (for himself, Mrs. CLIN- manner that extorts money from State kota (Mr. CONRAD) was added as a co- TON, Mr. BROWNBACK, and Mrs. FEIN- and local governments, and the Federal sponsor of S. 583, a bill to create a com- STEIN): Government, and inhibits such govern- petitive grant program for States to S. Res. 87. A resolution expressing the ments’ constitutional actions under enable the States to award salary bo- sense of the Senate that the President should declare lung cancer a public health the first, tenth, and fourteenth amend- nuses to highly qualified elementary priority and should implement a comprehen- ments. school or secondary school teachers sive interagency program to reduce the lung S. 433 who teach, or commit to teach, for at cancer mortality rate by at least 50 percent At the request of Mr. OBAMA, the least 3 academic years in a school by 2015; to the Committee on Health, Edu- name of the Senator from Illinois (Mr. served by a rural local educational cation, Labor, and Pensions. DURBIN) was added as a cosponsor of S. agency. f 433, a bill to state United States policy S. 584 for Iraq, and for other purposes. ADDITIONAL COSPONSORS At the request of Mrs. LINCOLN, the S. 439 name of the Senator from Connecticut S. 5 At the request of Mr. REID, the name (Mr. LIEBERMAN) was added as a co- At the request of Mr. REID, the name of the Senator from North Dakota (Mr. sponsor of S. 584, a bill to amend the of the Senator from South Dakota (Mr. DORGAN) was added as a cosponsor of S. Internal Revenue Code of 1986 to mod- JOHNSON) was added as a cosponsor of 439, a bill to amend title 10, United ify the rehabilitation credit and the S. 5, a bill to amend the Public Health States Code, to permit certain retired low-income housing credit. Service Act to provide for human em- members of the uniformed services who S. 594 bryonic stem cell research. have a service-connected disability to At the request of Mrs. FEINSTEIN, the S. 23 receive both disability compensation name of the Senator from Massachu- At the request of Mr. HARKIN, the from the Department of Veterans Af- setts (Mr. KENNEDY) was added as a co- names of the Senator from South Da- fairs for their disability and either re- sponsor of S. 594, a bill to limit the use, kota (Mr. JOHNSON) and the Senator tired pay by reason of their years of sale, and transfer of cluster munitions. ALAZAR military service or Combat-Related from Colorado (Mr. S ) were S. 601 added as cosponsors of S. 23, a bill to Special Compensation. At the request of Mr. COBURN, the S. 442 promote renewable fuel and energy se- name of the Senator from New Jersey curity of the United States, and for At the request of Mr. DURBIN, the (Mr. LAUTENBERG) was added as a co- name of the Senator from Wisconsin other purposes. sponsor of S. 601, a bill to amend the (Mr. KOHL) was added as a cosponsor of S. 223 Internal Revenue Code of 1986 to re- S. 442, a bill to provide for loan repay- At the request of Mr. FEINGOLD, the quire broker reporting of customer’s ment for prosecutors and public defend- name of the Senator from Vermont basis in securities transactions, and for ers. (Mr. SANDERS) was added as a cospon- other purposes. S. 547 sor of S. 223, a bill to require Senate S. 609 candidates to file designations, state- At the request of Mr. VOINOVICH, the At the request of Mr. ROCKEFELLER, ments, and reports in electronic form. name of the Senator from Delaware ARPER the name of the Senator from Alaska S. 242 (Mr. C ) was added as a cosponsor of S. 547, a bill to establish a Deputy (Mr. STEVENS) was added as a cospon- At the request of Mr. DORGAN, the sor of S. 609, a bill to amend section 254 name of the Senator from South Da- Secretary of Homeland Security for Management, and for other purposes. of the Communications Act of 1934 to kota (Mr. JOHNSON) was added as a co- provide that funds received as uni- S. 558 sponsor of S. 242, a bill to amend the versal service contributions and the Federal Food, Drug, and Cosmetic Act At the request of Mr. DOMENICI, the name of the Senator from Indiana (Mr. universal service support programs es- with respect to the importation of pre- tablished pursuant to that section are scription drugs, and for other purposes. LUGAR) was added as a cosponsor of S. 558, a bill to provide parity between not subject to certain provisions of S. 316 health insurance coverage of mental title 31, United States Code, commonly At the request of Mr. KOHL, the name health benefits and benefits for med- known as the Antideficiency Act. of the Senator from Illinois (Mr. DUR- ical and surgical services. S. 626 BIN) was added as a cosponsor of S. 316, S. 561 At the request of Mr. KENNEDY, the a bill to prohibit brand name drug com- At the request of Mr. BUNNING, the names of the Senator from Mississippi panies from compensating generic drug name of the Senator from South Da- (Mr. COCHRAN), the Senator from companies to delay the entry of a ge- kota (Mr. JOHNSON) was added as a co- Vermont (Mr. SANDERS) and the Sen- neric drug into the market. sponsor of S. 561, a bill to repeal the ator from Nebraska (Mr. HAGEL) were S. 329 sunset of the Economic Growth and added as cosponsors of S. 626, a bill to At the request of Mr. CRAPO, the Tax Relief Reconciliation Act of 2001 amend the Public Health Service Act name of the Senator from New York with respect to the expansion of the to provide for arthritis research and (Mr. SCHUMER) was added as a cospon- adoption credit and adoption assist- public health, and for other purposes. sor of S. 329, a bill to amend title XVIII ance programs. S. 634 of the Social Security Act to provide S. 562 At the request of Mr. DODD, the name coverage for cardiac rehabilitation and At the request of Ms. COLLINS, the of the Senator from Indiana (Mr. pulmonary rehabilitation services. name of the Senator from Maine (Ms. LUGAR) was added as a cosponsor of S. S. 394 SNOWE) was added as a cosponsor of S. 634, a bill to amend the Public Health At the request of Mr. AKAKA, the 562, a bill to provide for flexibility and Service Act to establish grant pro- name of the Senator from Maine (Ms. improvements in elementary and sec- grams to provide for education and SNOWE) was added as a cosponsor of S. ondary education, and for other pur- outreach on newborn screening and co- 394, a bill to amend the Humane Meth- poses. ordinated followup care once newborn ods of Livestock Slaughter Act of 1958 S. 575 screening has been conducted, to reau- to ensure the humane slaughter of non- At the request of Mr. DOMENICI, the thorize programs under part A of title ambulatory livestock, and for other name of the Senator from Texas (Mr. XI of such Act, and for other purposes. purposes. CORNYN) was added as a cosponsor of S. S. 655 S. 415 575, a bill to authorize appropriations At the request of Mr. GRASSLEY, the At the request of Mr. BROWNBACK, the for border and transportation security name of the Senator from Wisconsin name of the Senator from Utah (Mr. personnel and technology, and for (Mr. FEINGOLD) was added as a cospon- BENNETT) was added as a cosponsor of other purposes. sor of S. 655, a bill to amend the Con- S. 415, a bill to amend the Revised S. 583 gressional Charter of The American Statutes of the United States to pre- At the request of Mr. SALAZAR, the National Red Cross to modernize its vent the use of the legal system in a name of the Senator from North Da- governance structure, to enhance the

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2275 ability of the board of governors of The crease of almost 14 percent from the There being no objection, the text of American National Red Cross to sup- previous year. I have introducd similar the bill was ordered to be printed in port the critical mission of The Amer- measures in previous sessions of Con- the RECORD, as follows: ican Red Cross in the 21st century, and gress, but these tragic statistics illus- S. 687 for other purposes. trate why this piece of legislation is Be it enacted by the Senate and House of Rep- S. 684 absolutely needed right now. resentatives of the United States of America in And as we know, these statistics At the request of Mr. DORGAN, the Congress assembled, name of the Senator from North Da- have a very real face to them. And SECTION 1. SHORT TITLE. sadly, the New England fishing commu- kota (Mr. CONRAD) was added as a co- This Act may be cited as the ‘‘Commercial nity is certainly no stranger to the sponsor of S. 684, a bill to clarify the Fishermen Safety Act of 2007’’. pain and loss of their own. authority of the Secretary of the Inte- SEC. 2. CREDIT FOR PURCHASE OF FISHING Last November, the small fishing SAFETY EQUIPMENT. rior with respect to the management of community of Port Clyde saw the trag- (a) IN GENERAL.—Subpart D of part IV of the elk population located in the Theo- ic loss of one their own. The Taylor subchapter A of chapter 1 of the Internal dore Roosevelt National Park. Emily, a 48–foot fishing boat, capsized Revenue Code of 1986 (relating to business-re- S. RES. 33 and sank about 80 miles east of Port- lated credits) is amended by adding at the At the request of Mr. LUGAR, the land, ME. Tragically, long-time fisher- end the following new section: name of the Senator from Kansas (Mr. man Jim Weaver perished in this inci- ‘‘SEC. 45O. FISHING SAFETY EQUIPMENT CREDIT. ‘‘(a) GENERAL RULE.—For purposes of sec- BROWNBACK) was added as a cosponsor dent. Another fisherman aboard the of S. Res. 33, a resolution expressing tion 38, in the case of an eligible taxpayer, boat, Christopher Yattaw, was saved the fishing safety equipment credit deter- the sense of the Senate that the United when the Taylor Emily sank. Chris mined under this section for the taxable year States should expand its relationship treaded the frigid waters for almost an is 75 percent of the amount of qualified fish- with the Republic of Georgia by com- hour, but finally, the boat’s life raft in- ing safety equipment expenses paid or in- mencing negotiations to enter into a flated. Almost 8 hours later, Chris was curred by the taxpayer during the taxable free trade agreement. rescued from the life raft by a passing year. ‘‘(b) LIMITATION ON MAXIMUM CREDIT.—The S. RES. 84 fishing vessel. This incident could have credit allowed under subsection (a) with re- At the request of Mr. BROWNBACK, the been even more tragic if the critical live-saving equipment had not been spect to a taxpayer for the taxable year shall name of the Senator from Oklahoma not exceed $1,500. (Mr. INHOFE) was added as a cosponsor aboard. ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of of S. Res. 84, a resolution observing Coast Guard regulations require all this section, the term ‘eligible taxpayer’ February 23, 2007, as the 200th anniver- fishing vessels to carry safety equip- means a taxpayer engaged in a fishing busi- sary of the abolition of the slave trade ment. The requirements vary depend- ness. in the British Empire, honoring the ing on factors such as the size of the ‘‘(d) DEFINITIONS.—For purposes of this sec- tion— distinguished life and legacy of Wil- vessel, the temperature of the water, and the distance the vessel travels ‘‘(1) FISHING BUSINESS.—The term ‘fishing liam Wilberforce, and encouraging the business’ means the conduct of commercial people of the United States to follow from shore to fish. Required equipment can include a life raft that automati- fishing as defined in section 3 of the Magnu- the example of William Wilberforce by son-Stevens Fishery Conservation and Man- selflessly pursuing respect for human cally inflates and floats free, should agement Act (16 U.S.C. 1802). the vessel sink. This is what saved rights around the world. ‘‘(2) QUALIFIED FISHING SAFETY EQUIPMENT Christopher Yattaw’s life. Other live- EXPENSES.— f saving equipment includes: personal ‘‘(A) IN GENERAL.—The term ‘qualified fish- STATEMENTS ON INTRODUCED flotation devices or immersion suits ing safety equipment expenses’ means an BILLS AND JOINT RESOLUTIONS which help protect fishermen from ex- amount paid or incurred for fishing safety equipment for use by the taxpayer in connec- By Ms. COLLINS (for herself and posure and increase buoyancy; EPIRBs, which relay a downed vessel’s position tion with a fishing business. Mr. KENNEDY): to Coast Guard Search and Rescue Per- ‘‘(B) FISHING SAFETY EQUIPMENT.—The term S. 687. A bill to amend the Internal ‘fishing safety equipment’ means— Revenue Code of 1986 to provide a busi- sonnel; visual distress signals; and fire ‘‘(i) lifesaving equipment required to be ness credit against income for the pur- extinguishers. When an emergency carried by a vessel under section 4502 of title chase of fishing safety equipment; to arises, safety equipment is priceless. 46, United States Code, and At all other times, the cost of pur- the Committee on Finance. ‘‘(ii) any maintenance of such equipment chasing or maintaining this equipment required under such section. Ms. COLLINS. Mr. President, I rise must compete with other expenses such ‘‘(e) SPECIAL RULES.— today to introduce the Commercial as loan payments, fuel, wages, mainte- ‘‘(1) IN GENERAL.—Rules similar to the Fishermen Safety Act of 2007, a bill to nance, and insurance. rules of subsections (c), (d), and (e) of section help fishermen purchase the life-saving The Commercial Fishermen Safety 52 shall apply for purposes of this section. ‘‘(2) AGGREGATION RULES.—All persons safety equipment they need to survive Act of 2007 provides a tax credit equal when disaster strikes. I am pleased to treated as a single employer under sub- to 75 percent of the amount paid by section (a) or (b) of section 52 or subsection be joined by my colleague from Massa- fishermen to purchase or maintain re- chusetts, Senator Kennedy, in intro- (m) or (o) of section 414 shall be treated as quired safety equipment. The tax cred- one person for purposes of subsection (a). ducing this legislation. it is capped at $1,500. Items such as ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- Everyday, members of our fishing EPIRBs and immersion suits cost hun- duction shall be allowed under this chapter communities struggle to cope with the dreds of dollars, while life rafts can (other than a credit under this section) for pressures of running a small business, reach into the thousands. The tax cred- any amount taken into account in deter- complying with burdensome regula- it will make life-saving equipment mining the credit under this section. tions, and maintaining their vessels ‘‘(g) BASIS ADJUSTMENT.—For purposes of more affordable for more fishermen, this subtitle, if a credit is allowed under this and equipment. Added to these chal- who currently face limited options lenges are the dangers associated with section with respect to any equipment, the under the Federal tax code. basis of such equipment shall be reduced by fishing. We have seen far too many tragedies the amount of the credit so allowed.’’. Year-in and year-out, commercial in this occupation. Please, let us sup- (b) CONFORMING AMENDMENTS.— fishing ranks among the Nation’s most port fishermen who are trying to pre- (1) Section 38(b) of the Internal Revenue dangerous occupations. Last August, pare in case disaster strikes. Safety Code of 1986 (relating to general business when the Bureau of Labor Statistics equipment saves lives. By providing a credit) is amended by striking ‘‘plus’’ at the released the most recent National Cen- tax credit for the purchase of safety end of paragraph (30), by striking the period sus of Fatal Occupational Injuries, equipment, Congress can help ensure at the end of paragraph (31) and inserting ‘‘, fishing was the most dangerous occupa- plus’’, and by adding at the end the following that fishermen have a better chance of new paragraph: tion. While the national rate of occupa- returning home each and every time ‘‘(32) the fishing safety equipment credit tional-related fatalities dropped by 1 they head out to sea. determined under section 45O(a).’’. percent in 2005, I am saddened to say I ask unanimous consent that the (2) Subsection (a) of section 1016 of such that the fishing community saw an in- text of the bill be put in the RECORD. Code is amended by striking ‘‘and’’ at the

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2276 CONGRESSIONAL RECORD — SENATE February 27, 2007 end of paragraph (36), by striking the period But we need to recognize that these in- homes and 18,000 businesses and in- at the end of paragraph (37) and inserting ‘‘, dividuals and their families are living flicted $25 billion in uninsured losses. and’’, and by adding at the end the following on modest wages. As unemployment Many of my colleagues here in the Sen- new paragraph: rates have risen, as with the fluctua- ate have been down to Louisiana and ‘‘(38) in the case of equipment with respect to which a credit was allowed under section tion of the price of gas and heating oil, have seen firsthand the size and scope 45O, to the extent provided in section the demand placed on the food banks of the destruction. The Congress has 45O(g).’’. and soup kitchens has also increased. been very generous in providing bil- (c) CLERICAL AMENDMENT.—The table of Private food banks provide a key lions of Federal recovery dollars as sections for subpart D of part IV of sub- safety net against hunger. According well as valuable Gulf Opportunity, GO, chapter A of chapter 1 of the Internal Rev- to a report by the U.S. Department of Zone tax incentives to help spur recov- enue Code of 1986 is amended by adding at Agriculture, 31 million Americans are ery in the region. These resources will the end the following new item: living on the edge of hunger. USDA be key in the recovery of the region ‘‘Sec. 45O. Fishing safety equipment cred- statistics show that up to 96 billion but there are additional needs on the it.’’. (d) EFFECTIVE DATE.—The amendments pounds of food go to waste each year in ground that still must be addressed. made by this section shall apply to taxable the United States. If a small percent- That is why I am proud to introduce a years beginning after the date of the enact- age of this wasted food could be redi- bill today, the Catastrophic Disaster ment of this Act. rected to food banks, we could make Recovery Improvements Act of 2007, important strides in our fight against which I believe, addresses a specific By Mr. LUGAR (for himself and hunger. problem which is impacting home- Mrs. LINCOLN): I have been especially impressed by owners throughout the gulf coast. S. 689. A bill to amend the Internal the remarkable work of food banks in Katrina was the most destructive Revenue Code of 1986 to permanently Indiana. In many cases, they are hurricane ever to hit the United extend and expand the charitable de- partnered with churches and faith- States. The next month, in September, duction for contributions of food inven- based organizations and are making a Hurricane Rita hit the Louisiana and tory; to the Committee on Finance. tremendous difference in our commu- Texas coast. It was the second most Mr. LUGAR. Mr. President, on behalf nities. We should support this private powerful hurricane ever to hit the of myself and Senator LINCOLN, I rise sector activity, which not only feeds United States, wreaking havoc on the today to introduce the ‘‘Good Samari- people, but also strengthens commu- southwestern part of my State and the tan Hunger Relief Tax Incentive Exten- nity bonds and demonstrates the power east Texas coast. This one-two punch sion Act of 2007’’. This important legis- of faith, charity, and civic involve- devastated Louisiana lives, commu- lation extends and expands the food ment. nities and jobs, stretching from Cam- bank donation provisions that were in- Each citizen can make an important eron Parish in the west to Plaquemines cluded in the Pension Protection Act of contribution to the fight against hun- Parish in the east. 2006 (Public Law 109–280). The Pension ger at a local level. It is important to We are now rebuilding our State and Protection Act allows farmers and make sure that none of us forget those the wide variety of communities that small business owners to receive a tax who find themselves having to utilize were devastated by Rita and Katrina, deduction for donation of food products the services of the food banks. In order areas representing a diverse mix of contributed to food banks, pantries and to ensure that hunger relief organiza- population, income and cultures. We homeless shelters for 2006 and 2007. tions are meeting the greater demand hope to restore the region’s uniqueness The new law permits businesses a de- they are seeing, we must make food and its greatness. To do that, we need duction from their taxes for a donation drives a part of everyday activities. to rebuild our local economies now and equal to either (1) twice cost basis; or People should get in the habit of buy- far into the future. We cannot succeed, (2) the difference of cost basis plus one ing extra cans or boxes of food on every however, if our homeowners are being half the difference between cost basis trip to the grocery store, not just buried under Federal red tape and regu- and fair market value. Food donations around the holiday season. lations. of all sizes from all businesses can I am committed to work with Chair- The people who work for the Small qualify for this type of donation. The man BAUCUS and Ranking Member Business Administration and FEMA bill that I am introducing today in- GRASSLEY to find an offset to pay for are dedicated and interested to help in creases the valuation to full market this change to the tax code. I would the recovery of our region. However, value of the donation and makes this like to thank them for their past sup- these individuals are operating under a provision a permanent part of the In- port of this initiative and commend system which is inadequate and, in ternal Revenue Code. them on their efforts in helping Amer- some cases, unresponsive to needs on Demand on food banks has been ris- ica’s charities meet their funding the ground. ing, and these tax deductions would be goals, and assist those individuals who I come to the floor today to intro- an important step in increasing private take advantage of the services provided duce a bill which provides a common- donations to the non-profit hunger re- by these groups. sense solution to get the Federal as- lief charities playing a critical role in I believe the enactment of this legis- sistance to our struggling homeowners. meeting America’s nutrition needs. It lation would be a great incentive in re- If we don’t help them now, building a is estimated that food banks provide directing this food from being dis- strong gulf coast will be all the more meals to more than 23 million Ameri- carded to being distributed to hungry difficult if residents cannot rebuild cans and that 13 million children are families. their homes and businesses cannot hungry or at risk of hunger. open their doors. As I have traveled around Indiana, I By Ms. LANDRIEU: For homeowners in Louisiana, the have visited many food banks in our S. 690. A bill to amend the Small State is doing its part by setting up State. They have confirmed the results Business Act to authorize the Adminis- the Louisiana Road Home program, to of a study by the U.S. Conference of trator of the Small Business Adminis- provide homeowners with up to $150,000 Mayors that showed demand for food at tration to waive the prohibition on du- in grant proceeds for uninsured losses food banks has risen one hundred per- plication of certain disaster relief as- on their properties. This program is cent. Forty-eight percent of the people sistance; to the Committee on Small State-administered, but supplemental requesting emergency food assistance Business and Entrepreneurship. CDBG-funded. However, many appli- are either children or their parents. Ms. LANDRIEU. Mr. President, I cants are concerned because under the The number of elderly persons request- come to the floor today to highlight Stafford and Small Business Acts, the ing food assistance has increased by the ongoing needs of our small busi- SBA is required to ensure there are no ninety-two percent. The success of wel- nesses and homeowners in the gulf ‘‘duplication of benefits’’ provided to fare reform legislation has moved coast who were devastated by Hurri- disaster victims. This means that SBA many recipients off welfare and into canes Katrina and Rita. In Louisiana must review every file which received jobs. In many States, welfare roles alone, these disasters claimed 1,464 an SBA Disaster Loan, and if there is have been reduced by more than half. lives, destroyed more than 200,000 deemed to be duplication, deduct the

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2277 duplication amount from the grant dressing ongoing needs in the gulf and improve their quality of life. The proceeds. As I said, I want the SBA to coast. I look forward to working close- bill also seeks to help individuals be- ensure taxpayers funds are used wisely, ly with them in the coming weeks to fore they develop irreversible kidney but at the same time, I want to ensure provide substantive and lasting solu- failure by teaching individuals about that all residents are able to get the tions for our small businesses and the factors that lead to chronic kidney funds they need to rebuild their homes. homeowners. disease, the precursor to kidney fail- Under the current scenario, some I urge my colleagues to support this ure, and how to prevent it, treat it, residents who have additional unin- important legislation and ask unani- and, most importantly, avoid it. Addi- sured losses, are being required to still mous consent that the text of the legis- tionally, the bill seeks to establish uni- pay back these grant proceeds. This is lation be printed in the RECORD. form training requirements for dialysis because many SBA loss inspections There being no objection, the text of technicians and to identify barriers to were done right after the storms in the bill was ordered to be printed in accessing the home dialysis benefit. 2005, but since then building/labor costs the RECORD, as follows: Improving the ESRD program pay- have increased dramatically, and this S. 690 ment system and ensuring continued is not reflected in the SBA verified Be it enacted by the Senate and House of Rep- high quality care is also a critical com- loss. Borrowers are able to request a resentatives of the United States of America in ponent of modernizing the ESRD pro- loan modification from SBA, but many Congress assembled, gram. Medicare established the first residents who waited months and SECTION 1. SHORT TITLE. prospective payment system (PPS) in months for SBA to respond are wary to This Act may be cited as the ‘‘Catastrophic the ESRD program in the early 1980s. go through the process again, espe- Disaster Recovery Improvements Act of Yet, the ESRD program remains the cially if there is a prospect they will be 2007’’. only Medicare PPS that does not re- declined for the increased loan amount. SEC. 2. WAIVER OF PROHIBITION ON DUPLICA- ceive an annual update. As a result, di- I can’t blame them because there is TION OF CERTAIN BENEFITS. alysis facilities have experienced dif- (a) IN GENERAL.—Section 7(b) of the Small enough uncertainty down there right ficulties in hiring qualified health care Business Act (15 U.S.C. 636(b)) is amended by professionals and purchasing new tech- now. Personally, I would also be hesi- inserting immediately after paragraph (3) tant to go through the SBA loan proc- the following: nology. ess again if I had to fill out as much ‘‘(4) WAIVER OF PROHIBITION ON DUPLICATION It is time for the dialysis community paperwork as my constituents have OF CERTAIN BENEFITS.—For any major dis- to receive annual payment updates; had to fill out, and to receive constant aster (as that term is defined in section 102 however, it is also critically important requests for more information once of the Robert T. Stafford Disaster Relief and that increased payments are tied to they think they are done with submit- Emergency Assistance Act (42 U.S.C. 5122)), high quality. My bill addresses both of in providing assistance under paragraph (1) these issues by creating a three-year ting information. or (2), the Administrator may waive, in For this reason, this bill provides the Continuous Quality Improvement Ini- whole or in part, the prohibition on the du- tiative to link payments with quality. SBA administrator the flexibility to plication of benefits, including whether dam- waive, partially or fully at the discre- age or destruction has been compensated for First, the three-year initiative would tion of the administrator, this ‘‘dupli- by, credit is available from, activities are re- create an annual update mechanism to cation of benefits’’ rule. This provides imbursable through, or funds have been fairly pay providers. Second, it would borrowers with additional funds for re- made available from any other source.’’. ask providers to report on quality building while retaining the Federal (b) APPLICABILITY AND RETROACTIVITY FOR measures developed through consulta- Government’s financial responsibility VICTIMS OF HURRICANES KATRINA, RITA, AND tion with key stakeholders. Finally, it to taxpayers. I believe this common- WILMA.—The amendment made by this sec- would withhold a certain percentage of tion shall apply to any assistance under sec- sense fix for major disasters corrects a the annual update to fund a quality tion 7(b) of the Small Business Act (15 U.S.C. bonus pool from which payments would major problem occurring in Louisiana 636(b)) provided on or after August 29, 2005. right now and gives SBA some flexi- be made to those providers who provide bility for future major disasters. The By Mr. CONRAD: the best quality of care. current SBA interpretation of these S. 691. A bill to amend title XVIII of Congress must reaffirm its commit- regulations overlooks the fact that a the Social Security act to improve the ment to Americans with kidney failure grant, with no repayment, has a dif- benefits under the Medicare program by improving the program through new ferent value to homeowners than loans, for beneficiaries with kidney disease, educational programs, quality initia- which require repayment. In effect, dis- and for other purposes; to the Com- tives, and payment reform. The Kidney aster victims are being penalized for mittee on Finance. Care Quality and Education Act is a comprehensive bill that moves the pro- getting an SBA loan before they re- Mr. CONRAD. Mr. President, today I gram in that direction. I urge my col- ceived their Road Home grant and that am pleased to introduce the Kidney leagues to join with me in supporting is not how the Federal Government Care Quality and Education Act. For this important legislation. should respond to victims, who in the over 400,000 Americans living with many cases, lost everything. We should kidney disease, the time has come to By Mr. FEINGOLD (for himself not allow victims to ‘‘double-dip’’ or modernize and improve the Medicare and Ms. COLLINS): benefit from the disaster, but the Fed- End Stage Renal Disease (ESRD) pro- S. 693. A bill to amend the Public eral Government should be responsive gram. They simply can’t wait any health Service Act to reauthorize the to needs on the ground and adjust as longer. Automated Defibrillation in Adam’s necessary to allow disaster victims to When Congress enacted the Medicare Memory Act; to the Committee on fully recover. ESRD program, we recognized that this Health, Education, Labor, and Pen- In introducing this bill today, I am disease was unique and deserved special sions. hopeful it sends the signal to gulf coast consideration. Unfortunately, since Mr. FEINGOLD. Mr. President, today residents that Congress has not forgot- that time, Congress has fallen behind I am pleased to be joined by the Sen- ten about them and that we are doing in its commitment, and the program ator from Maine, Ms. COLLINS, in intro- our part to reduce red tape and bu- has not kept pace with changes in ducing the reauthorization of the Auto- reaucracy. Congress did a great deal treatment. My bill would take needed mated Defibrillators in Adam’s Mem- during the 109th Congress to help vic- steps to modernize and improve the ory Act, or the ADAM Act. This bill is tims of the 2005 storms, but that does program to recognize quality and en- modeled after the successful Project not mean we should just write off re- courage education on kidney disease to ADAM that originally began in Wis- curring problems to the responsibility better prevent and control ESRD. consin, and will reauthorize a program of States or disaster victims them- The Kidney Care Quality and Edu- to establish a national clearing house selves. I believe that both the leader- cation Act establishes education pro- to provide schools with the ‘‘how-to’’ ship on the Senate Committee on grams to assist patients with kidney and technical advice to set up a public Small Business and Entrepreneurship disease to learn important self-man- access defibrillation program. as well as the new SBA administrator, agement skills that will help them Sudden cardiac death from coronary Steve Preston, are receptive to ad- manage their disease more effectively heart disease occurs over 900 times per

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2278 CONGRESSIONAL RECORD — SENATE February 27, 2007 day in the United States. By improving basketball and tennis player in Wis- geous efforts and I thank them for ev- access to automated external consin. Tragically, during a timeout erything they have done to help the defibrillators, or AEDs, we can improve while playing basketball at a neigh- ADAM Act become law. Their actions the survival rates of cardiac arrest in boring Milwaukee high school, Adam take incredible bravery, and I com- our communities. suffered sudden cardiac arrest, and died mend them for their efforts. In my home State of Wisconsin, as in before the paramedics arrived. By making sure that AEDs are avail- many other States, heart disease is the This story is incredibly sad. Adam able in our Nation’s rural areas, number one killer. In 2004, 35.4 percent had his whole life ahead of him, and schools and throughout our commu- of all deaths in Wisconsin were caused could quite possibly have been saved nities we can help those in a race by heart disease and stroke. Overall, with appropriate early intervention. In against time have a fighting chance of heart disease kills more Americans fact, we have seen a number of exam- survival when they fall victim to car- than AIDS, cancer and accidents com- ples in Wisconsin where early CPR and diac arrest. I urge Congress to pass this bined. access to defibrillation have saved reauthorization, and to fund this Act. Cardiac arrest can strike anyone. lives. We have the power to prevent death— Cardiac victims are in a race against Seventy miles away from Milwaukee, all we must do is act. time, and unfortunately, for too many a 14-year-old boy collapsed while play- I ask unanimous consent that the of those in rural areas, Emergency ing basketball. Within 3 minutes, the text of the bill be printed in the Medical Services are unable to reach emergency team arrived and began RECORD. people in need, and time runs out. It’s CPR. Within 5 minutes of his collapse, There being no objection, the text of simply not possible to have EMS units the paramedics used an AED to jump the bill was ordered to be printed in next to every farm and small town start his heart. Not only has this the RECORD, as follows: across the Nation. young man survived, doctors have iden- S. 693 Fortunately, recent technological ad- tified his father and brother as having Be it enacted by the Senate and House of Rep- vances have made the newest genera- the same heart condition and have resentatives of the United States of America in tion of AEDs inexpensive and simple to begun preventative treatments. Congress assembled, operate. Because of these advance- These stories help to underscore SECTION 1. SHORT TITLE. ments in AED technology, it is now some important issues. First, although This Act may be cited as the ‘‘Automated practical to train and equip police offi- cardiac arrest is most common among Defibrillation in Adam’s Memory Reauthor- cers, teachers, and members of other adults, it can occur at any age—even in ization Act’’. community organizations. apparently healthy children and ado- SEC. 2. AMENDMENT TO PUBLIC HEALTH SERV- An estimated 164,600 Americans expe- lescents. Second, early intervention is ICE ACT. Section 312(e) of the Public Health Service rience out-of-hospital sudden cardiac essential—a combination of CPR and Act (42 U.S.C. 244(e)) is amended in the first arrests each year. Immediate CPR and the use of AEDs can save lives. Third, sentence by striking ‘‘fiscal year 2003’’ and early defibrillation using an AED can some individuals who are at risk for all the follows through ‘‘2006’’ and inserting more than double a victim’s chance of sudden cardiac arrest can be identified ‘‘for each of fiscal years 2003 through 2011’’. survival. By taking some relatively to prevent cardiac arrest. simple steps, we can give victims of After Adam Lemel suffered his car- By Mrs. CLINTON (for herself, cardiac arrest a better chance of sur- diac arrest, his friend David Ellis Mr. SUNUNU, Mr. REED, Mr. vival. joined forces with Children’s Hospital KERRY, Mr. DURBIN, Mr. NELSON Over the past 6 years, I have worked of Wisconsin to initiate Project ADAM of Florida, Ms. MIKULSKI, Mr. with Senator SUSAN COLLINS, a Repub- to bring CPR training and public ac- SCHUMER, Mrs. FEINSTEIN, Mr. lican from Maine, on a number of ini- cess defibrillation into schools, educate ROBERTS, Mrs. HUTCHISON, and tiatives to empower communities to communities about preventing sudden Mr. LAUTENBERG): improve cardiac arrest survival rates. cardiac deaths and save lives. S. 694. A bill to direct the Secretary We have pushed Congress to support Today, Project ADAM has introduced of Transportation to issue regulations rural first responders—local police and AEDs into several Wisconsin schools, to reduce the incidence of child injury fire and rescue services—in their ef- and has been a model for programs in and death occurring inside or outside forts to provide early defibrillation. Washington, Florida, Michigan and of light motor vehicles, and for other Congress heard our call, and responded elsewhere. Project ADAM provides a purposes; to the Committee on Com- by enacting two of our bills, the Rural model for the Nation, and now, with merce, Science, and Transportation. Access to Emergency Devices Act and the enactment of this new law, more Mrs. CLINTON. Mr. President, today the ADAM Act. schools will have access to the infor- I am reintroducing with my colleague The Rural Access to Emergency De- mation they seek to launch similar Senator SUNUNU The Cameron vices program allows community part- programs. Gulbransen Kids and Cars Safety Act, a nerships across the country to receive The ADAM Act was passed into law bill to improve the child safety fea- a grant enabling them to purchase in 2003, but has yet to be funded. tures in new vehicles. defibrillators, and receive the training Should funding be enacted, the pro- While we hear a great deal about needed to use these devices. I’m gram will help to put life-saving automobile accidents, we don’t hear pleased to say that grants have already defibrillators in the hands of people in nearly as much about non-traffic auto- put defibrillators in rural communities schools around the country. I have mobile accidents, which can be just as in 49 States, helping those commu- been very proud to play a part in hav- tragic. This bill is named in honor of a nities be better prepared when cardiac ing this bill signed into law, and it is 2-year-old Long Island boy who was arrest strikes. my hope that the reauthorization of killed when his father accidentally Approximately 95 percent of sudden the Act will quickly pass through the backed over him in his driveway. Since cardiac arrest victims die before reach- Congress and into law, and that fund- 2000, over 1,150 children have died in ing the hospital. Every minute that ing will follow. It would not take much non-traffic, non-crash incidents, and passes before a cardiac arrest victim is money to fund this program and save this number has been steadily rising. defibrillated, the chance of survival lives across the country. The average age of victims in these falls by as much as 10 percent. After The ADAM Act is one way we can cases is just 1 year old, and in 70 per- only 8 minutes, the victim’s survival honor the life of children like Adam cent of backover cases, a parent, rel- rate drops by 60 percent. This is why Lemel, and give tomorrow’s pediatric ative or close friend is behind the early intervention is essential—a com- cardiac arrest victims a fighting wheel. This bill is aimed at preventing bination of CPR and use of AEDs can chance at life. other families from suffering this fate. save lives. This act exists because a family that The Cameron Gulbransen Kids and Heart disease is not only a problem experienced the tragic loss of their son Cars Safety Act would make new pas- among adults. A few years ago I was determined to spare other families senger motor vehicles safer in three learned the story of Adam Lemel, a 17- that same loss. I thank Adam’s par- important ways. First, it requires a de- year-old high school student and a star ents, Joe and Patty, for their coura- tection system to alert drivers to the

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2279 presence of a child behind the vehicle. of disputed properties are transferred dent Hugo Chavez threatened to cut off Second, it will ensure that power win- or developed, the rightful owners’ pros- our supply of oil from his country, and dows automatically reverse direction pects for recovering their property or some question whether Iran’s role as when they detect an obstruction—pre- being compensated worsen. an oil supplier keeps other countries venting children from being trapped, In 1998, the European Court of Human from properly addressing Iran’s nuclear injured or killed. And finally, the bill Rights found that Turkey had unlaw- proliferation threat. Recently we will require the vehicle service break fully deprived Greek Cypriot refugees learned that Russia and Iran are talk- to be engaged in order to prevent vehi- of the use of their properties in the ing about creating an OPEC-like orga- cles from unintentionally rolling away. north of the island. The Court ruled nization for natural gas—a cartel that The bill also establishes a child safe- that the Government of Turkey was could put even more pressure on nat- ty information program administered obliged to compensate the refugees for ural gas prices. by the Secretary of Transportation to such deprivation, and to allow them to Energy provides one of America’s collect non-traffic, non-crash incident return home. greatest challenges for the 21st cen- data and disseminate information to It is to provide similar redress to the tury. Our economy has been dependent parents about these hazards and ways American victims of Turkey’s invasion on oil and coal for about 100 years. And to mitigate them. and occupation of Cyprus that my col- since World War II, natural gas has be- This bill proves that with modest, league Senator MENENDEZ and I today come part of the equation. Will we con- cost-effective steps, we can prevent introduce the ‘‘American-Owned Prop- tinue to rely on these energy sources many tragic car-related accidents from erty in Occupied Cyprus Claims Act’’. for the next 100 years? occurring. Power window sensors, for This act would direct the U.S. Gov- The cost of energy will profoundly af- example, cost around $10 a window. ernment’s independent Foreign Claims fect the future competitiveness of the Brakeshift interlocks are already Settlement Commission to receive, American economy. As the Chinese and standard in most passenger vehicles, evaluate and determine awards with re- Indian economies grow, so will their but will cost only $5 where needed. spect to the claims of U.S. citizens and demand for energy. And that will add Backover warning systems cost ap- businesses that lost property as a re- further upward pressure to energy proximately $300 a car, far cheaper sult of Turkey’s invasion and contin- prices. than DVD and stereo systems. This in- ued occupation of northern Cyprus. To Global climate change is another expensive technology could save thou- provide funds from which these awards issue that demands that we take a sands of children’s lives. would be paid, the act would urge the fresh look at our energy future. While I fought long and hard into the last President to authorize the Secretary of we address the issue of energy security, hours of the 109th Congress to get this State to negotiate an agreement for we must also keep an eye on the effect bill through and I know that families, settlement of such claims with the that new energy development will have advocates and many of my colleagues Government of Turkey. on carbon dioxide emissions and global are poised to continue that momentum The act would further grant U.S. warming. in the new Congress. Federal courts jurisdiction over suits We are essentially trapped in an en- I am proud to be reintroducing the by U.S. nationa1s against any private ergy box. It is a box characterized by Cameron Gulbransen Kids and Cars persons, other than Turkey, occupying high imports, wildly fluctuating prices Safety Act of 2007 and urge all my col- or otherwise using the U.S. national’s for oil and natural gas, and environ- leagues to join me in supporting this property in the Turkish-occupied por- mental danger. As a Nation, we must bill. Together, we can ensure that we tion of Cyprus. Lastly, the act would experiment with ways to break out of have safer cars and safer kids across expressly waive Turkey’s sovereign im- that box. To break out, we need an en- our country. munity against claims brought by U.S. ergy research effort modeled after the nationals in U.S. courts relating to Manhattan project, or the Apollo mis- By Ms. SNOWE (for herself and property occupied by the Government sion to the moon. Mr. MENENDEZ): of Turkey and used by Turkey in con- America has a brilliant record of S. 695. A bill to amend the Inter- nection with a commercial activity gathering the best minds. We have con- national Claims Settlement Act of 1949 carried out in the United States. sistently met challenges that at first to allow for certain claims of nationals This bill represents an important seemed to be impossible. During World of the United States against Turkey, step toward righting the internation- War II, the Manhattan project brought and for other purposes; to the Com- ally recognized wrong of the expropria- together brilliant physicists and engi- mittee on Foreign Relations. tion of property, including American neers to build an atomic bomb in 3 Ms. SNOWE. Mr. President, as you property, in northern Cyprus in the short years. And after President Ken- may know, Turkey invaded the north- wake of the 1974 invasion by the Turk- nedy described his vision to a joint ses- ern area of the Republic of Cyprus in ish Army. I strongly urge my col- sion of Congress in May of 1961, the the summer of 1974. At that time, less leagues to promptly consider and pass Apollo space program put a man on the than 20 percent of the private real this critical piece of legislation. moon in just 8 years. property in this area was owned by Looking back, these achievements Turkish Cypriots, with the rest owned By Mr. BAUCUS: look stunning. Both projects started by Greek Cypriots and foreigners. Tur- S. 696. A bill to establish an Ad- out with no guarantee of success. Each key’s invasion and subsequent occupa- vanced Research Projects Administra- could have ended in utter failure. Yet tion of northern Cyprus displaced peo- tion-Energy to initiate high risk, inno- because of the talent, ingenuity, and ple who are to this day prevented by vative energy research to improve the focus of creative minds, they both suc- the Turkish Armed Forces from return- energy security of the United States, ceeded. ing to and repossessing their homes and for other purposes; to the Com- Breaking out of the energy box poses and properties. mittee on Energy and Natural Re- a similar challenge. Success is not A large proportion of these properties sources. guaranteed. But we have got to give it were distributed to, and are currently Mr. BAUCUS. Mr. President, energy our best shot. being used by, the 120,000 Turkish set- is once again one of the top two or Today I am reintroducing legislation tlers brought into the occupied area by three domestic issues facing the Con- to create an ARPA–E, Advanced Re- Turkey. It is estimated that 7,000 to gress this year. search Projects Agency—Energy. My 10,000 U.S. nationals today claim an in- Prices for gasoline, heating oil, elec- legislation would create a new energy terest in such property. tricity, and natural gas have soared in research agency to help our nation face Adding urgency to the plight of recent years, hitting working families the challenges of a newly competitive Greek-Cypriots and Americans who hard. Our energy security has been global economy. It will help us to move lost property in the wake of the inva- threatened on many fronts: We have into a new energy future. sion is a recent property development seen a terrorist attack on Saudi Ara- We have the greatest research sci- boom in the Turkish-occupied north of bian oil facilities, oil workers kid- entists on the planet. We have the Cyprus. As an ever-increasing number napped in Nigeria, Venezuelan Presi- most technically-talented workforce in

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2280 CONGRESSIONAL RECORD — SENATE February 27, 2007 the world. But we do not have the vigor celerate energy research accomplish- and focused research and development that we need in energy research. En- ments. effort to push these alternatives. And ergy research is a backwater, compared Finally, the bill would require a re- we need an effort to create scientific to other research efforts in bio- port by the end of fiscal year 2008 on breakthroughs to supplement existing technology, medicine, computers, and whether ARPA–E would need its own technologies. defense-oriented projects. energy research lab. We have got to give it our best shot. With the Manhattan project and the Congress enacted an important com- As President Franklin Roosevelt said, Apollo space program, America proved panion piece to ARPA–E last December we must conduct ‘‘bold, persistent ex- that we can gather the best talent for in the Tax Relief and Health Care Act perimentation.’’ a focused mission and succeed. It is of 2006. That law extended the credit Our economic security is at stake. time that we began a similar effort on for electricity from renewable re- Our ability to compete in the new energy. sources, added $400 million to the Clean world economy is at stake. We need to create a new agency to Renewable Energy Bond program, ex- ARPA–E will help us to move forward initiate cutting-edge, innovative en- tended the deduction for energy effi- on existing technologies. It will help us ergy research and development aimed cient buildings and the credit for en- to find new technologies that are not at taking us to a new energy future. ergy efficient homes, and provided in- even imaginable today. Doing so is essential to our effort to centives for cellulosic biomass ethanol I urge my Colleagues to look closely improve our economic competitiveness. facilities. at this legislation. The new agency is modeled on On the energy agenda this year is Mr. President, I ask unanimous con- DARPA—the Defense Advanced Re- consideration of President Bush’s pro- sent that the text of the bill be printed search Projects Agency—in the Depart- posal to increase Federal targets for in the RECORD. ment of Defense. Among the revolu- use of renewable and alternative fuels. There being no objection, the text of tionary technologies that DARPA has And additional tax incentives to en- the bill was ordered to be printed in developed are the internet and stealth courage the development and use of al- the RECORD, as follows: technology for aircraft. DARPA has ternative energy are being con- S. 696 been a tremendous success. templated. Be it enacted by the Senate and House of Rep- The National Academy of Sciences, We are seeing exciting new efforts in resentatives of the United States of America in the National Academy of Engineering, America to strengthen our energy com- Congress assembled, and the Institute of Medicine joined to petitiveness. We need to build on this SECTION 1. SHORT TITLE. form the Committee on Prospering in foundation by creating an aggressive This Act may be cited as the ‘‘Energy Re- the Global Economy of the 21st Cen- energy research agency that will push search Act of 2007’’. tury. Norm Augustine chaired the com- the limits of new technology and dis- SEC. 2. ADVANCED RESEARCH PROJECTS ADMIN- mittee. Based on DARPA’s achieve- ISTRATION-ENERGY. cover alternative energy sources. ments, the committee recommended (a) ESTABLISHMENT.—There is established America has massive coal reserves. the creation of an ARPA–E: Advanced the Advanced Research Projects Administra- So coal gasification is receiving great- Research Projects Agency—Energy. tion-Energy (referred to in this section as This was one of a number of rec- er attention. Gasification involves ‘‘ARPA–E’’). ommendations that the committee breaking down coal under heat and (b) GOALS.—The goals of ARPA–E are to re- pressure to create synthetic natural duce the quantity of energy the United made in its impressive 2005 report on States imports from foreign sources and to the future competitive challenges that gas. We must address the environ- mental issues. But if this technology improve the competitiveness of the United America faces. The committee rec- States economy by— ommended that ARPA–E be designed to can be improved, then America will be (1) promoting revolutionary changes in the conduct transformative, out-of-the-box able to take a huge step toward energy critical technologies that would promote en- energy research. independence. ergy competitiveness; My bill proposes that ARPA–E be a There are exciting developments in (2) turning cutting-edge science and engi- small agency with a total of 250 people. wind energy. In Montana, the Judith neering into technologies for energy and en- A minimum of 180 of them would be Gap Wind Farm has been generating vironmental application; and power at full capacity, using 90 wind (3) accelerating innovation in energy and technical staff. A director of the agen- the environment for both traditional and al- cy and four deputies would lead ARPA– turbines. Each turbine can produce enough electricity for roughly 400 ternative energy sources and in energy effi- E. I propose that ARPA–E be funded at ciency mechanisms to— $300 million in fiscal year 2008, $600 mil- homes. The entire farm can produce (A) reduce energy use; lion in 2009, $1.1 billion in 2010, $1.5 bil- the electricity needed to supply 300,000 (B) decrease the reliance of the United lion in 2011, and $2.0 billion in 2012. customers. And my State ranks in the States on foreign energy sources; and We would require that the staff have top 15 States in the Nation for wind (C) improve energy competitiveness. a technical background. The agency power capacity. Nationwide, wind (c) DIRECTOR.— would use the Experimental Personnel power generating capacity increased 27 (1) IN GENERAL.—ARPA–E shall be headed by a Director (referred to in this section as Authority designed for DARPA. That percent in 2006. Fusion is another possible area where the ‘‘Director’’) appointed by the President. authority authorizes higher salaries (2) POSITIONS AT LEVEL V.—Section 5316 of than for typical Federal employees, aggressive research could lead to huge title 5, United States Code, is amended by and faster hiring, so that the agency payoffs. Continuing research will help adding at the end the following: could get to work quickly. us to determine whether energy pro- ‘‘Director, Advanced Research Projects Ad- To keep the intense, innovative focus duction through fusion is a practical ministration-Energy.’’. that we want, technical staff would be option. (d) DUTIES.— limited to 3 to 4 years at the agency. Ethanol is also gaining as an alter- (1) IN GENERAL.—In carrying out this sec- Managers would be limited to 4 to 6 native energy option. The Nation’s tion, the Director shall award competitive first cellulosic ethanol pilot facility grants, cooperative agreements, or contracts years. The director could give both to institutions of higher education, compa- groups extended terms of employment has opened in Jennings, Louisiana. nies, or consortia of such entities (which if the director so chose. This 1.4 million gallons-per-year, dem- may include federally funded research and For contracts, the agency would use onstration-scale facility will produce development centers) to achieve the goal de- the DARPA procedure. That procedure cellulosic ethanol from sugarcane scribed in subsection (b) through accelera- allows more flexible contracting ar- plant residue and specially-bred energy tion of— rangements than are normally possible cane by the end of 2007. (A) energy-related research; under the Federal Acquisition Regula- There are also exciting developments (B) development of resultant techniques, tions. To ensure that ARPA–E would in nanotechnology, solar power, en- processes, and technologies, and related test- ing and evaluation; and conduct innovative research, 75 percent ergy-efficient materials, biomass, and (C) demonstration and commercial applica- of research projects initiated by green buildings. tion of the most promising technologies and ARPA–E would not be peer reviewed. All of these are examples of possible research applications. The ARPA-E would be authorized to directions for our Nation’s energy fu- (2) SMALL-BUSINESS CONCERNS.—The Direc- award cash prizes to encourage and ac- ture. But we need a more aggressive tor shall carry out programs established

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2281 under this section, to the maximum extent 646(g) of the Department of Energy Organiza- I have long supported efforts to pre- practicable, in a manner that is similar to tion Act (42 U.S.C. 7256(g)). serve and enhance the historical steel- the Small Business Innovation Research Pro- (2) PEER REVIEW.—Peer review shall not be related heritage through the Rivers of gram established under section 9 of the required for 75 percent of the research Steel Heritage Area, which includes Small Business Act (15 U.S.C. 638) to ensure projects carried out by the Director under the city of Pittsburgh, and seven that small-business concerns are fully able this section. to participate in the programs. (g) PRIZES FOR ADVANCED TECHNOLOGY southwestern Pennsylvania counties: (e) PERSONNEL.— ACHIEVEMENTS.—The Director may carry out Allegheny; Armstrong, Fayette, (1) PROGRAM MANAGERS.— a program to award cash prizes in recogni- Greene, Washington and Westmore- (A) APPOINTMENT.—The Director shall ap- tion of outstanding achievements in basic, land. I have sought and been very point employees to serve as program man- advanced, and applied research, technology pleased with congressional support for agers for each of the programs that are es- development, and prototype development the important work within the Rivers tablished to carry out the duties of ARPA–E that have the potential for application to the of Steel Heritage Area expressed under this section. performance of the mission of ARPA–E under through appropriations levels of rough- (B) DUTIES.—Program managers shall be similar terms and conditions as the author- responsible for— ity is exercised under section 1008 of the En- ly $1 million annually since fiscal year (i) establishing research and development ergy Policy Act of 2005 (42 U.S.C. 16396). 1998. I am hopeful that this support goals for the program, as well as publicizing (h) COORDINATION OF ACTIVITIES.—The Di- will continue. However, more than just goals of the program to the public and pri- rector— resources are necessary to ensure the vate sectors; (1) shall ensure that the activities of historical recognition needed for this (ii) soliciting applications for specific ARPA–E are coordinated with activities of important heritage. That is why I am areas of particular promise, especially areas Department of Energy offices and outside introducing this legislation today. for which the private sector cannot or will agencies; and It is important to note why Pennsyl- (2) may carry out projects jointly with not provide funding; vania should be the home of the na- (iii) selecting research projects for support other agencies. under the program from among applications (i) REPORT.—Not later than September 30, tional site that my legislation author- submitted to ARPA–E, based on— 2008, the Director shall submit to Congress a izes. The combination of a strong (I) the scientific and technical merit of the report on the activities of ARPA–E under workforce, valuable natural resources, proposed projects; this section, including a recommendation on and Pennsylvania’s strategic location (II) the demonstrated capabilities of the whether ARPA–E needs an energy research in the heavily populated northeastern applicants to successfully carry out the pro- laboratory. United States allowed the steel indus- posed research project; and (j) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to try to thrive. Today, the remaining (III) such other criteria as are established buildings and sites devoted to steel by the Director; and carry out this section— (iv) monitoring the progress of projects (1) $300,000,000 for fiscal year 2008; production are threatened with further supported under the program. (2) $600,000,000 for fiscal year 2009; deterioration. Many of these sites are (2) OTHER PERSONNEL.— (3) $1,100,000,000 for fiscal year 2010; nationally significant and perfectly (A) IN GENERAL.—Subject to subparagraph (4) $1,500,000,000 for fiscal year 2011; and suited for the study and interpretation (B), the Director shall appoint such employ- (5) $2,000,000,000 for fiscal year 2012. of this crucial period in our Nation’s ees as are necessary to carry out the duties development. Some of these sites in- By Mr. SPECTER (for himself of ARPA–E under this section. clude the Carrie Furnace Complex, the and Mr. CASEY): (B) LIMITATIONS.—The Director shall ap- Hot Metal Bridge, and the United point not more than 250 employees to carry S. 697. A bill to establish the Steel out the duties of ARPA–E under this section, Industry National Historic Site in the States Steel Homestead Works, which including not less than 180 technical staff, of State of Pennsylvania; to the Com- would all become a part of the Steel In- which— mittee on Energy and Natural Re- dustry National Historic Site under my (i) not less than 20 staff shall be senior sources. legislation. As testimony of the area’s technical managers (including program man- Mr. SPECTER. Mr. President, I have historic significance, on September 20, agers designated under paragraph (1)); and sought recognition to introduce legis- 2006, the Carrie Furnaces were des- (ii) not less than 80 staff shall be technical lation along with my colleague from ignated as a National Historic Land- program managers. Pennsylvania, Senator Casey, that will mark by the Secretary of the Interior. (3) EXPERIMENTAL PERSONNEL AUTHORITY.— honor the importance of the steel in- Highlights of such a national historic In appointing personnel for ARPA–E, the Di- site would commemorate a wide range rector shall have the hiring and management dustry in the Commonwealth of Penn- authorities described in section 1101 of the sylvania and the Nation by creating of accomplishments and topics for his- Strom Thurmond National Defense Author- the ‘‘Steel Industry National Historic torical preservation and interpretation ization Act for Fiscal Year 1999 (Public Law Site’’ to be operated by the National from industrial process advancements 105–261; 5 U.S.C. 3104 note). Park Service in southwestern Pennsyl- to labor-management relations. It is (4) MAXIMUM DURATION OF EMPLOYMENT.— vania. important to note that the site I seek (A) PROGRAM MANAGERS AND SENIOR TECH- The importance of the steel industry to become a national site under this NICAL MANAGERS.— to the development of the United bill includes the location of the Battle (i) IN GENERAL.—Subject to clause (ii), a States cannot be overstated. A na- of the Homestead, waged in 1892 be- program manager and a senior technical tween steelworkers and Pinkerton manager appointed under this subsection tional historic site devoted to the his- shall serve for a term not to exceed 4 years tory of the steel industry will afford all guards. The Battle of the Homestead after the date of appointment. Americans the opportunity to cele- marked a crucial period in our nation’s (ii) EXTENSIONS.—The Director may extend brate this rich heritage, which is sym- workers’ rights movement. The Com- the term of employment of a program man- bolic of the work ethic endemic to this monwealth of Pennsylvania, individ- ager or a senior technical manager appointed great nation. The National Park Serv- uals, and public and private entities under this subsection for not more than 4 ice has reported that Congress should have attempted to protect and preserve years through 1 or more 2-year terms. make remnants of the U.S. Steel resources such as the Homestead bat- (B) TECHNICAL PROGRAM MANAGERS.—A Homestead Works an affiliate of the tleground the Hot Metal Bridge. For technical program manager appointed under national park system, rather than a the benefit and inspiration of present this subsection shall serve for a term not to exceed 6 years after the date of appointment. full national park, an option which had and future generations, it is time for (5) LOCATION.—The office of an officer or been considered in years prior, and the Federal Government to join this ef- employee of ARPA–E shall not be located in which I proposed in the 107th Congress. fort to recognize their importance with the headquarters of the Department of En- Due to the backlog of maintenance the additional protection I provide in ergy. projects at national parks, the legisla- this bill. (f) TRANSACTIONS OTHER THAN CONTRACTS tion offered today instead creates a na- I would like to commend my col- AND GRANTS.— tional historic site that would be affili- league, Representative DOYLE, who has (1) IN GENERAL.—To carry out projects ated with the National Park Service. been a longstanding leader in this pres- through ARPA–E, the Director may enter into transactions (other than contracts, co- There is no better place for such a site ervation effort and who has consist- operative agreements, and grants) to carry than in southwestern Pennsylvania, ently sponsored identical legislation in out advanced research projects under this which played a significant role in early the U.S. House of Representatives. I section under similar terms and conditions industrial America and continues look forward to working with south- as the authority is exercised under section today. western Pennsylvania officials and Mr.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2282 CONGRESSIONAL RECORD — SENATE February 27, 2007 August Carlino, President and Chief S. 698 under this chapter may be paid for any pur- Executive Officer of the Steel Industry Be it enacted by the Senate and House of Rep- pose, and in any amount, as follows: Heritage Corporation, in order to bring resentatives of the United States of America in ‘‘(1) A program of education consisting of this national historic site to fruition. Congress assembled, institutional courses. SECTION 1. SHORT TITLE. ‘‘(2) A full-time program of education that We came very close to passing this bill consists of institutional courses and alter- in the 108th Congress with its passage This Act may be cited as the ‘‘Veterans’ Survivors Education Enhancement Act of nate phases of training in a business or in- in various forms in the House and the 2007’’. dustrial establishment with the training in Senate. However, Congress adjourned SEC. 2. EXPANSION AND ENHANCEMENT OF EDU- the business or industrial establishment prior to final passage of the same bill CATIONAL ASSISTANCE FOR SUR- being strictly supplemental to the institu- in both chambers during the 108th and VIVORS AND DEPENDENTS OF VET- tional portion. l09th Congresses. Therefore, today we ERANS. ‘‘(3) A farm cooperative program consisting reintroduce this legislation and urge (a) TERMINATION OF DURATIONAL LIMITA- of institutional agricultural courses TION ON USE OF EDUCATIONAL ASSISTANCE AND prescheduled to fall within 44 weeks of any its swift passage. RESTATEMENT OF CONTINUING REQUIRE- period of 12 consecutive months that is pur- MENTS.— sued by an eligible person who is concur- By Mr. DURBIN (for himself, Mr. (1) IN GENERAL.—Subsection (a) of section rently engaged in agricultural employment HAGEL, and Mr. WARNER): 3511 of title 38, United States Code, is amend- that is relevant to such institutional agri- S. 698. A bill to amend title 38, ed to read as follows: cultural courses as determined under stand- United States Code, to expand and en- ‘‘(a)(1) Notwithstanding any other provi- ards prescribed by the Secretary. hance educational assistance for sur- sion of this chapter or chapter 36 of this ‘‘(4) A course or courses or other program vivors and dependents of veterans; to title, any payment of educational assistance of special educational assistance as provided the Committee on Veterans’ Affairs. described in paragraph (2) shall not be in section 3491(a) of this title. Mr. DURBIN. Mr. President, today I charged against the entitlement of any indi- ‘‘(5) A program of apprenticeship or other am introducing the Veterans’ Survivor vidual under this chapter. on-job training pursued in a State as pro- ‘‘(2) The payment of educational assistance vided in section 3687(a) of this title. Education Enhancement Act. This leg- referred to in paragraph (1) is the payment of ‘‘(6) In the case of an eligible spouse or sur- islation would expand education bene- such assistance to an individual for pursuit viving spouse, a program of education exclu- fits for the survivors and dependents of of a course or courses under this chapter if sively by correspondence as provided in sec- fallen servicemembers. the Secretary finds that the individual— tion 3686 of this title. Specifically, the legislation would ‘‘(A) had to discontinue such course pur- ‘‘(7) Special restorative training as pro- adjust the Survivors’ and Dependents’ suit as a result of being ordered to serve on vided in section 3542 of this title. Educational Assistance Program by in- active duty under section 688, 12301(a), ‘‘(c) If a program of education is pursued creasing the dependent benefit to 12301(d), 12301(g), 12302, or 12304 of title 10 or by an eligible person at an institution lo- $80,000 which the dependent can draw of being involuntarily ordered to full-time cated in the Republic of the Philippines, any National Guard duty under section 502(f) of educational assistance for such person under against for any period between the ages title 32; and this chapter shall be paid at the rate of $0.50 of 17 and 30. This benefit may be used ‘‘(B) failed to receive credit or training for each dollar. for any expenses incurred while pur- time toward completion of the individual’s ‘‘(d)(1) Subject to paragraph (2), the suing an education, including: tuition, approved educational, professional, or voca- amount of educational assistance payable fees, books, room, and board. Edu- tional objective as a result of having to dis- under this chapter for a licensing or certifi- cation benefits may be used for degree continue, as described in subparagraph (A), cation test described in section 3501(a)(5) of the course pursuit.’’. this title is the lesser of $2,000 or the fee and certificate programs, apprentice- charged for the test. (2) CONFORMING AMENDMENTS.—Such title ship, and on-the-job training. The sur- ‘‘(2) In no event shall payment of edu- 38 is further amended as follows: viving spouse benefit also will rise to cational assistance under this subsection for (A) In section 3511, by amending the head- such a test exceed the amount of the avail- $80,000 and may be used by the spouse ing to read as follows: for 20 years after the death of the serv- able entitlement for the individual under ‘‘§ 3511. Treatment of certain interruptions in this chapter.’’. icemember. pursuit of programs of education’’. Of the 24.3 million veterans currently (2) CONFORMING AMENDMENTS.—Title 38, alive, nearly three-quarters served dur- (B) In section 3532(g)— United States Code, is amended as follows: (i) in paragraph (1), by striking ‘‘paragraph (A) By striking section 3533 and inserting ing a war or an official period of con- (3)’’ and inserting ‘‘paragraph (2)’’; the following new section: flict. About a quarter of the Nation’s (ii) by striking paragraph (2); and ‘‘§ 3533. Tutorial assistance population, approximately 63 million (iii) by redesignating paragraph (3) as para- ‘‘An eligible person shall, without any people, are potentially eligible for vet- graph (2). charge to any entitlement of such person to erans’ benefits and services because (C) By striking section 3541 and inserting educational assistance under section 3532(a) they are veterans, family members or the following new section: of this title, be entitled to the benefits pro- survivors of veterans. Since the de- ‘‘§ 3541. Special restorative training vided an eligible veteran under section 3492 pendents program was enacted in 1956, ‘‘(a) The Secretary may, at the request of of this title.’’. the Department of Veterans Affairs an eligible person— (B) Section 3534 is repealed. (VA) also has assisted in the education ‘‘(1) determine whether such person is in (C) In section 3542— (i) in subsection (a), by striking ‘‘computed of more than 700,000 dependents of vet- need of special restorative training; and ‘‘(2) if such need is found to exist, prescribe at the basic rate’’ and all that follows erans whose deaths or total disabilities a course that is suitable to accomplish the through the end of the subsection and insert- were service-connected. In 2005, VA purposes of this chapter. ing a period; and helped pay for the education or train- ‘‘(b) A course of special restorative train- (ii) in subsection (b), by striking ‘‘an edu- ing of 336,347 veterans and active-duty ing under subsection (a) may, at the discre- cational assistance allowance’’ and inserting personnel, 87,589 reservists and Na- tion of the Secretary, contain elements that ‘‘educational assistance’’. tional Guardsmen and 74,360 survivors. would contribute toward an ultimate objec- (D) In section 3543(c)— Surviving families of veterans have tive of a program of education.’’. (i) in paragraph (1), by adding ‘‘and’’ at the already given so much to our Nation. (D) In section 3695(a)(4), by striking ‘‘35,’’. end; (b) EXTENSION OF DELIMITING AGE OF ELIGI- (ii) by striking paragraph (2); and We need to give the widowed spouses BILITY FOR DEPENDENTS.—Section 3512(a) of (iii) by redesignating paragraph (3) as para- and children a helping hand. Therefore, such title, is amended by striking ‘‘twenty- graph (2). in honor of these families and our sixth birthday’’ each place it appears and in- (E) In section 3564, by striking ‘‘rates pay- brave fallen servicemembers, I encour- serting ‘‘thirtieth birthday’’. able under sections 3532, 3534(b), and 3542(a)’’ age my colleagues to support the Vet- (c) AMOUNT OF EDUCATIONAL ASSISTANCE.— and inserting ‘‘aggregate amount of edu- erans’ Survivor Education Enhance- (1) IN GENERAL.—Section 3532 of such title cational assistance payable under section ment Act and cosponsor this important is amended to read as follows: 3532’’. legislation. ‘‘§ 3532. Amount of educational assistance (F) In section 3565(b), by striking para- I ask unanimous consent that the ‘‘(a) The aggregate amount of educational graph (1) and inserting the following new paragraph (1): text of the bill be printed in the assistance to which an eligible person is en- titled under this chapter is $80,000, as in- ‘‘(1) educational assistance payable under RECORD. creased from time to time under section 3564 section 3532 of this title, including the spe- There being no objection, the text of of this title. cial training allowance referred to in sub- the bill was ordered to be printed in ‘‘(b) Within the aggregate amount provided section (b)(7) of such section, shall be paid at the RECORD, as follows: for in subsection (a), educational assistance the rate of $0.50 for each dollar; and’’.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2283 (G) In section 3687— Whereas brothers and sisters share history, Whereas members of the baby boomer gen- (i) in subsection (a)— memories, and traditions that bind them to- eration are entering their sixties, the most (I) in the matter preceding paragraph (1), gether as family; common age at which people develop cancer; by striking ‘‘or an eligible person (as defined Whereas it is estimated that over 65 per- Whereas tobacco addiction and exposure to in section 3501(a) of this title)’’; and cent of children in foster care have siblings, other lung cancer carcinogens such as Agent (II) in the flush matter following para- many of whom are separated when placed in Orange and other herbicides and battlefield graph (2), by striking ‘‘chapters 34 and 35’’ the foster care system, adopted, or con- emissions are serious problems among mili- and inserting ‘‘chapter 34’’; fronted with different kinship placements; tary personnel and war veterans; (ii) in subsection (c), by striking ‘‘chapters Whereas children in foster care are at Whereas the August 2001 Report of the 34 and 35’’ and inserting ‘‘chapter 34’’; and greater risk than their peers of having emo- Lung Cancer Progress Review Group of the (iii) in subsection (e), by striking para- tional disturbances, problems in school, and National Cancer Institute stated that fund- graph (3) and inserting the following new difficulties with relationships later in life; ing for lung cancer research was ‘‘far below paragraph (3): Whereas the separation of siblings while the levels characterized for other common ‘‘(3) In this subsection, the term ‘indi- children causes additional grief and loss; malignancies and far out of proportion to its vidual’ means an eligible veteran who is en- Whereas organizations and private volun- massive health impact’’; titled to monthly educational assistance al- teer efforts exist that advocate for pre- Whereas the Report of the Lung Cancer lowances payable under section 3015(e) of serving sibling relationships in foster care Progress Review Group identified as its this title.’’. settings and that give siblings in foster care ‘‘highest priority’’ the creation of inte- (d) OTHER CONFORMING AMENDMENTS.— the opportunity to reunite; grated, multidisciplinary, multi-institu- Title 38, United States Code, is further Whereas Camp to Belong, a nonprofit orga- tional research consortia organized around amended as follows: nization founded in 1995 by Lynn Price, the problem of lung cancer rather than (1) In section 3524, by striking ‘‘the edu- heightens public awareness of the need to around specific research disciplines; and cational assistance allowance’’ each place it preserve sibling relationships in foster care Whereas the United States must enhance appears and inserting ‘‘educational assist- settings and gives siblings in foster care the its response to the issues raised in the Re- ance’’. opportunity to be reunited; and port of the Lung Cancer Progress Review (2) In section 3531— Whereas Camp to Belong has reunited over Group: Now, therefore, be it (A) in the heading, by striking ‘‘allow- 2,000 separated siblings across the United Resolved, That it is the sense of the Senate that the President should— ance’’; States, the United States Virgin Islands, and (1) declare lung cancer a public health pri- (B) in subsection (a), by striking ‘‘an edu- Canada: Now, therefore, be it ority and immediately lead a coordinated ef- cational assistance allowance’’ and inserting Resolved, That the Senate— fort to reduce the lung cancer mortality rate ‘‘educational assistance’’; and (1) designates March 1, 2007, as ‘‘Siblings by 50 percent by 2015; (C) in subsection (b), by striking ‘‘allow- Connection Day’’; (2) direct the Secretary of Health and ance’’. (2) encourages the people of the United Human Services to increase funding for lung (3) In section 3537(a), by striking ‘‘addi- States to celebrate sibling relationships on cancer research and other lung cancer-re- tional’’. Siblings Connection Day; and lated programs as part of a coordinated (e) CLERICAL AMENDMENTS.—The table of (3) supports efforts to respect and preserve strategy with defined goals, including— sections at the beginning of chapter 35 of sibling relationships that are at risk of being (A) translational research and specialized such title is amended as follows: disrupted by the placement of children in the lung cancer research centers; (1) By striking the item relating to section foster care system. (B) expansion of existing multi-institu- 3511 and inserting the following new item: f tional, population-based screening programs ‘‘3511. Treatment of certain interruptions in incorporating state-of-the-art image proc- pursuit of programs of edu- essing, centralized review, clinical manage- cation.’’. SENATE RESOLUTION 87—EX- PRESSING THE SENSE OF THE ment, and tobacco cessation protocols; (2) By striking the items relating to sec- (C) research on disparities in lung cancer tion 3531, 3532, and 3533 and inserting the fol- SENATE THAT THE PRESIDENT incidence and mortality rates; lowing new items: SHOULD IMPLEMENT A COM- (D) graduate medical education programs ‘‘3531. Educational assistance. PREHENSIVE INTERAGENCY PRO- in thoracic medicine and cardiothoracic sur- ‘‘3532. Amount of educational assistance. GRAM TO REDUCE THE LUNG gery; ‘‘3533. Tutorial assistance.’’. CANCER MORTALITY RATE BY (E) new programs within the Food and (3) By striking the item relating to section AT LEAST 50 PERCENT BY 2015 Drug Administration to expedite the devel- 3534. opment of chemoprevention and targeted (4) By striking the item relating to section Mr. HAGEL (for himself, Mrs. CLIN- therapies for lung cancer; 3541 and inserting the following new item: TON, Mr. BROWNBACK, and Mrs. FEIN- (F) annual reviews by the Agency for ‘‘3541. Special restorative training.’’. STEIN) submitted the following resolu- Healthcare Research and Quality of lung (f) EFFECTIVE DATE.— tion; which was referred to the Com- cancer screening and treatment protocols; (1) IN GENERAL.—The amendments made by mittee on Health, Education, Labor, (G) the appointment of a lung cancer direc- this section shall take effect on the date of and Pensions: tor within the Centers for Disease Control the enactment of this Act. and Prevention with authority to improve S. RES. 87 (2) ANNUAL ADJUSTMENTS FOR FISCAL YEAR lung cancer surveillance and screening pro- 2008.—Notwithstanding the effective date Whereas lung cancer is the leading cause of grams; and under paragraph (1) of the amendment to cancer death for both men and women, ac- (H) lung cancer screening demonstration section 3564 of title 38, United States Code, counting for 28 percent of all cancer deaths; programs under the direction of the Centers made by subsection (c)(2)(E), the Secretary Whereas lung cancer kills more people an- for Medicare and Medicaid Services; of Veterans Affairs shall make the first in- nually than breast cancer, prostate cancer, (3) direct the Secretary of Defense, in con- crease in the aggregate amount of edu- colon cancer, liver cancer, melanoma, and junction with the Secretary of Veterans Af- cational assistance under section 3532 of such kidney cancer combined; fairs, to develop a broad-based lung cancer title as required by such section 3564 (as so Whereas, since the National Cancer Act of screening and disease management program amended) for fiscal year 2008. 1971 (Public Law 92–218; 85 Stat. 778), coordi- among members of the Armed Forces and nated and comprehensive research has raised veterans, and to develop technologically ad- f the 5-year survival rates for breast cancer to vanced diagnostic programs for the early de- SUMITTED RESOLUTIONS 88 percent, for prostate cancer to 99 percent, tection of lung cancer; and for colon cancer to 64 percent; (4) appoint a Lung Cancer Scientific and Whereas the 5-year survival rate for lung Medical Advisory Committee, comprised of SENATE RESOLUTION 86—DESIG- cancer is still only 15 percent and a similar medical, scientific, pharmaceutical, and pa- NATING MARCH 1, 2007, AS ‘‘SIB- coordinated and comprehensive research ef- tient advocacy representatives, to— LINGS CONNECTION DAY’’ fort is required to achieve increases in lung (A) work with the National Lung Cancer cancer survivability rates; Public Health Policy Board described in Mr. SALAZAR (for himself, Mr. EN- Whereas 60 percent of lung cancer cases are paragraph (5); and SIGN, Mr. BROWN, Mr. KERRY, and Mr. now diagnosed in nonsmokers or former (B) report to the President and Congress on AKAKA) submitted the following resolu- smokers; the progress toward and the obstacles to tion; which was referred to the Com- Whereas 2⁄3 of nonsmokers diagnosed with achieving the goal described in paragraph (1) mittee on the Judiciary: lung cancer are women; of reducing the lung cancer mortality rate Whereas certain minority populations, by 50 percent by 2015; and S. RES. 86 such as Black males, have disproportionately (5) convene a National Lung Cancer Public Whereas sibling relationships are among high rates of lung cancer incidence and mor- Health Policy Board, comprised of multi- the longest-lasting and most significant re- tality, notwithstanding their lower smoking agency and multidepartment representatives lationships in life; rate; and at least 3 members of the Lung Cancer

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2284 CONGRESSIONAL RECORD — SENATE February 27, 2007 Scientific and Medical Advisory Committee, metropolitan statistical area, as defined by ‘‘(d) If an appointment expires under sub- to oversee and coordinate all efforts to ac- the Office of Management and Budget. section (c)(2), the district court for such dis- complish the goal described in paragraph (1) (d) AUTHORIZATION OF APPROPRIATIONS.— trict may appoint a United States attorney of reducing the lung cancer mortality rate There are authorized to be appropriated to to serve until the vacancy is filled. The order by 50 percent by 2015. carry out this section (including for con- of appointment by the court shall be filed tracts, staff, and equipment)— with the clerk of the court.’’. f (1) $10,000,000 for fiscal year 2008; and (b) APPLICABILITY.— (2) $5,000,000 for each of fiscal years 2009 (1) IN GENERAL.—The amendments made by AMENDMENTS SUBMITTED AND through 2013. this section shall take effect on the date of PROPOSED enactment of this Act. SA 268. Mr. SALAZAR (for himself, Mr. SA 269. Mrs. FEINSTEIN submitted (2) APPLICATION.— CHAMBLISS, Mr. ISAKSON, and Mr. PRYOR) an amendment intended to be proposed (A) IN GENERAL.—Any person serving as a submitted an amendment intended to be pro- by her to the bill S. 4, to make the United States attorney on the day before the posed by him to the bill S. 4, to make the United States more secure by imple- date of enactment of this Act who was ap- United States more secure by implementing menting unfinished recommendations pointed under section 546 of title 28, United States Code, may serve until the earlier of— unfinished recommendations of the 9/11 Com- of the 9/11 Commission to fight the war mission to fight the war on terror more ef- (i) the qualification of a United States at- on terror more effectively, to improve torney for such district appointed by the fectively, to improve homeland security, and homeland security, and for other pur- for other purposes; which was ordered to lie President under section 541 of that title; or poses; which was ordered to lie on the on the table. (ii) 120 days after the date of enactment of this Act. SA 269. Mrs. FEINSTEIN submitted an table; as follows: (B) EXPIRED APPOINTMENTS.—If an appoint- amendment intended to be proposed by her At the appropriate place, insert the fol- ment expires under subparagraph (A), the to the bill S. 4, supra; which was ordered to lowing: district court for that district may appoint a lie on the table. SEC. lll. VACANCIES. United States attorney for that district SA 270. Mrs. FEINSTEIN submitted an (a) IN GENERAL.—Section 546 of title 28, under section 546(d) of title 28, United States United States Code, is amended by striking amendment intended to be proposed by her Code, as added by this section. to the bill S. 184, to provide improved rail subsection (c) and inserting the following: and surface transportation security; which ‘‘(c) A person appointed as United States f was ordered to lie on the table. attorney under this section may serve until the earlier of— NOTICES OF HEARlNGS/MEETINGS f ‘‘(1) the qualification of a United States at- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS torney for such district appointed by the Mr. LEVIN. Mr. President, I would TEXT OF AMENDMENTS President under section 541 of this title; or like to announce for the information of SA 268. Mr. SALAZAR (for himself, ‘‘(2) the expiration of 120 days after ap- pointment by the Attorney General under the Senate and the public that the Per- Mr. CHAMBLISS, Mr. ISAKSON, and Mr. this section. manent Subcommittee on Investiga- PRYOR) submitted an amendment in- ‘‘(d) If an appointment expires under sub- tions of the Committee on Homeland tended to be proposed by him to the section (c)(2), the district court for such dis- Security and Governmental Affairs will bill S. 4, to make the United States trict may appoint a United States attorney hold a hearing entitled ‘‘Credit Card more secure by implementing unfin- to serve until the vacancy is filled. The order Practices: Fees, Interest Rates, and ished recommendations of the 9/11 of appointment by the court shall be filed Grace Periods.’’ It is the first of several with the clerk of the court.’’. Commission to fight the war on terror subcommittee hearings that will exam- more effectively, to improve homeland (b) APPLICABILITY.— (1) IN GENERAL.—The amendments made by ine a variety of credit card practices security, and for other purposes; which this section shall take effect on the date of that raise concerns. This hearing will was ordered to lie on the table; as fol- enactment of this Act. focus on how credit card issuers apply lows: (2) APPLICATION.— interest rates and fees to consumer ac- At the appropriate place, insert the fol- (A) IN GENERAL.—Any person serving as a counts. It will examine, for example, lowing: United States attorney on the day before the how credit card issuers select and date of enactment of this Act who was ap- SEC. ll. RURAL POLICING INSTITUTE. apply interest rates and, for consumers pointed under section 546 of title 28, United carrying a balance forward, eliminate (a) IN GENERAL.—There is established a States Code, may serve until the earlier of— Rural Policing Institute, which shall be ad- (i) the qualification of a United States at- grace periods for repaid debts. It will ministered by the Office of State and Local torney for such district appointed by the also analyze high fees charged for late Training of the Federal Law Enforcement President under section 541 of that title; or payments, over-the-limit charges, and Training Center (based in Glynco, Georgia), (ii) 120 days after the date of enactment of other matters, including how those fees to— this Act. are assessed, how they add to increase (1) evaluate the needs of law enforcement (B) EXPIRED APPOINTMENTS.—If an appoint- interest costs, and how they contribute agencies of units of local government and ment expires under subparagraph (A), the to consumer debt. In addition, the tribal governments located in rural areas; district court for that district may appoint a (2) develop expert training programs de- hearing will examine an industry prac- United States attorney for that district tice requiring consumer payments to signed to address the needs of rural law en- under section 546(d) of title 28, United States forcement agencies regarding combating Code, as added by this section. be applied first to balances with the methamphetamine addiction and distribu- lowest interest rates instead of to bal- tion, domestic violence, law enforcement re- SA 270. Mrs. FEINSTEIN submitted ances with the highest interest rates. sponse related to school shootings, and other an amendment intended to be proposed The hearing will draw, in part, from a topics identified in the evaluation conducted by her to the bill S. 184, to provide im- September 2006 GAO report detailing under paragraph (1); the finance charges, fees, and disclo- (3) provide the training programs described proved rail and surface transportation in paragraph (2) to law enforcement agencies security; which was ordered to lie on sure practices associated with 28 pop- of units of local government and tribal gov- the table; as follows: ular credit cards. Witnesses for the up- ernments located in rural areas; and At the appropriate place, insert the fol- coming hearing will include represent- (4) conduct outreach efforts to ensure that lowing: atives from the three largest credit training programs under the Rural Policing SEC. lll. VACANCIES. card issuers, Bank of America, Institute reach law enforcement officers of (a) IN GENERAL.—Section 546 of title 28, JPMorgan Chase, and Citigroup, as units of local government and tribal govern- United States Code, is amended by striking well as consumer witnesses. A final ments located in rural areas. subsection (c) and inserting the following: witness list will be available on Mon- (b) CURRICULA.—The training at the Rural ‘‘(c) A person appointed as United States day, March 5, 2007. Policing Institute established under sub- attorney under this section may serve until The subcommittee hearing is sched- section (a) shall be configured in a manner so the earlier of— uled for Wednesday, March 7, 2007, at 10 as to not duplicate or displace any law en- ‘‘(1) the qualification of a United States at- forcement program of the Federal Law En- torney for such district appointed by the a.m. in room 342 of the Dirksen Senate forcement Training Center in existence on President under section 541 of this title; or Office Building. For further informa- the date of enactment of this Act. ‘‘(2) the expiration of 120 days after ap- tion, please contact Elise J. Bean, of (c) DEFINITION.—In this section, the term pointment by the Attorney General under the Permanent Subcommittee on In- ‘‘rural’’ means area that is not located in a this section. vestigations at 224–3721.

VerDate Mar 15 2010 22:27 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S27FE7.REC S27FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2007 CONGRESSIONAL RECORD — SENATE S2285 AUTHORITY FOR COMMITTEES TO Board, National District Attorneys As- The PRESIDING OFFICER. Without MEET sociation, Rockford, Illinois; Michael objection, it is so ordered. COMMITTEE ON ARMED SERVICES P. Judge, Chief Public Defender, Los f Mr. BINGAMAN. Mr. President, I ask Angeles County, Founding Member, unanimous consent that the Com- American Council of Chief Defenders, ADJOURNMENT UNTIL 9:30 A.M. mittee on Armed Services be author- Los Angeles, California; Jessica A. TOMORROW ized to meet during the session of the Bergeman, Assistant State’s Attorney, Senate on Tuesday, February 27, at 9:30 Cook County State’s Attorneys Office, Mr. DURBIN. Mr. President, if there a.m., in open and closed sessions to re- Chicago, Illinois; George B. Shepherd, is no further business to come before ceive testimony on current and future Associate Professor of Law, Emory the Senate today, I now ask unanimous worldwide threats to the national secu- University School of Law, Atlanta, consent that the Senate stand ad- rity of the United States. Georgia. journed under the previous order. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without There being no objection, the Senate, objection, it is so ordered. objection, it is so ordered. at 5:23 p.m., adjourned until Wednes- COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON VETERANS’ AFFAIRS day, February 28, 2007, at 9:30 a.m. TRANSPORTATION Mr. BINGAMAN. Mr. President, I ask Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Com- f unanimous consent that the Com- mittee on Veterans’ Affairs be author- NOMINATIONS mittee on Commerce, Science, and ized to meet during the session of the Transportation be authorized to hold a Senate on Tuesday, February 27, 2007 at Executive nominations received by hearing during the sessions of the Sen- 2 p.m. in the Canon Caucus Room, to the Senate February 27, 2007: ate on Tuesday, February 27, 2007, at 10 hear the legislative presentation of the DEPARTMENT OF JUSTICE a.m., in room 253 of the Russell Senate Disabled American Veterans. Office Building. The purpose of the JEFFREY A. TAYLOR, OF THE DISTRICT OF COLUMBIA, The PRESIDING OFFICER. Without TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF hearing is to evaluate the Passenger COLUMBIA FOR THE TERM OF FOUR YEARS, VICE KEN- objection, it is so ordered. Rail Investment and Improvement Act NETH L. WAINSTEIN, RESIGNED. of 2007. f IN THE NAVY The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PRIVILEGES OF THE FLOOR IN THE UNITED STATES NAVY RESERVE TO THE GRADE objection, it is so ordered. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COMMITTEE ON FINANCE Mr. LIEBERMAN. Mr. President, I To be rear admiral (lower half) Mr. BINGAMAN. Mr. President, I ask ask unanimous consent that Aaron unanimous consent that the Com- Firoved and Nathan Lesser, both fel- CAPT. MICHAEL J. BROWNE, 0000 lows on detail to my Homeland Secu- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mittee on Finance be authorized to IN THE UNITED STATES NAVY RESERVE TO THE GRADE meet during the session on Tuesday, rity and Governmental Affairs staff, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: February 27, 2007, at 10 a.m., in 215 and Cherrie Daniels, a fellow on detail To be rear admiral (lower half) from my personal office, have leave to Dirksen Senate Office Building, to hear CAPT. THOMAS F. KENDZIORSKI, 0000 testimony on ‘‘America’s Energy Fu- the floor for the duration of the debate THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ture: Bold Ideas, Practical Solutions’’. on the bill, S. 4. IN THE UNITED STATES NAVY RESERVE TO THE GRADE The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. objection, it is so ordered. To be rear admiral (lower half) COMMITTEE ON FOREIGN RELATIONS f CAPT. LOTHROP S. LITTLE, 0000 Mr. DURBIN. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that the Com- ORDER FOR STAR PRINT—S. 562 IN THE UNITED STATES NAVY RESERVE TO THE GRADE mittee on Foreign Relations be author- AND S. 609 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ized to meet during the session of the Mr. DURBIN. Mr. President, I ask To be rear admiral (lower half) Senate on Tuesday, February 27, 2007, unanimous consent that S. 562 and S. CAPT. KENNETH J. BRAITHWAITE, 0000 at 2:30 p.m. to hold a nomination hear- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 609 each be star printed with the IN THE UNITED STATES NAVY RESERVE TO THE GRADE ing. changes at the desk. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without To be rear admiral (lower half) objection, it is so ordered. objection, it is so ordered. CAPT. STEPHEN P. CLARKE, 0000 COMMITTEE ON HEALTH, EDUCATION, LABOR, f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND PENSIONS IN THE UNITED STATES NAVY RESERVE TO THE GRADE Mr. BINGAMAN. Mr. President, I ask ORDERS FOR WEDNESDAY, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: unanimous consent that the Com- FEBRUARY 28, 2007 To be rear admiral (lower half) mittee on Health, Education, Labor, Mr. DURBIN. Mr. President, I ask CAPT. JOSEPH D. STINSON, 0000 and Pensions be authorized to hold a unanimous consent that when the Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT hearing during the session of the Sen- IN THE UNITED STATES NAVY RESERVE TO THE GRADE ate completes its business today, it INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ate on Tuesday, February 27, 2007 at 10 stand adjourned until 9:30 a.m., To be rear admiral (lower half) a.m. in SD–430. The PRESIDING OFFICER. Without Wednesday, February 28; that on CAPT. JERRY R. KELLEY, 0000 objection, it is so ordered. Wednesday, following the prayer and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Pledge of Allegiance, the Journal IN THE UNITED STATES NAVY RESERVE TO THE GRADE COMMITTEE ON THE JUDICIARY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. BINGAMAN. Mr. President, I ask of proceedings be approved to date, the To be rear admiral (lower half) morning hour be deemed expired, and unanimous consent that the Com- CAPT. CYNTHIA A. DULLEA, 0000 the time for the two leaders be re- mittee on the Judiciary be authorized THE FOLLOWING NAMED OFFICER FOR APPOINTMENT served for their use later in the day; IN THE UNITED STATES NAVY RESERVE TO THE GRADE to conduct a hearing on ‘‘Strength- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ening Our Criminal Justice System: that there then be a period of morning To be rear admiral (lower half) The John R. Justice Prosecutors and business for 60 minutes, with Senators Defenders Incentive Act of 2007’’ on permitted to speak therein for up to 10 CAPT. PATRICIA E. WOLFE, 0000 minutes each, with the first 30 minutes THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Tuesday, February 27, 2007 at 2 p.m. in IN THE UNITED STATES NAVY RESERVE TO THE GRADE Dirksen Senate Office Building Room under the control of the majority and INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 226. the second 30 minutes under the con- To be rear admiral (lower half) trol of the Republicans; that following CAPT. GARRY J. BONELLI, 0000 Witness List: morning business, the Senate then CAPT. ROBIN R. BRAUN, 0000 begin consideration of S. 4, as pre- CAPT. SANDY L. DANIELS, 0000 Paul A. Logli, Winnebago County CAPT. SCOTT E. SANDERS, 0000 State’s Attorney, Chairman of the viously ordered. CAPT. ROBERT O. WRAY, JR., 0000

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