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, THURSDAY, APRIL 12, 2007 No. 59 House of Representatives The House was not in session today. Its next meeting will be held on Monday, April 16, 2007, at 2 p.m. Senate THURSDAY, APRIL 12, 2007

The Senate met at 9:30 a.m. and was to the Senate from the President pro this week. A lot will depend on what called to order by the Honorable BEN- tempore (Mr. BYRD). happens in the motion to proceed on JAMIN L. CARDIN, a Senator from the The legislative clerk read the fol- the Intelligence bill. State of Maryland. lowing letter: f U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, FIRST 100 DAYS Washington, DC, April 12, 2007. The Chaplain, Dr. Barry C. Black, of- Mr. REID. Mr. President, last No- fered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, vember, the call for change in Wash- Let us pray. of the Standing Rules of the Senate, I hereby ington rang out from coast to coast. Lord of humanity, forgive our foolish appoint the Honorable BENJAMIN L. CARDIN, The Presiding Officer was one of the re- ways. We have tried to enjoy freedom a Senator from the State of Maryland, to sults of that historic vote on November without duty and have attempted to perform the duties of the Chair. 7, which has been good for the people of receive forgiveness without true re- ROBERT C. BYRD, the State of Maryland and for the peo- President pro tempore. pentance. Forgive us. We have received ple of this country. The American peo- without gratitude and without giving Mr. CARDIN thereupon assumed the ple called for us to put partisanship in return. Forgive us. We have sought chair as Acting President pro tempore. aside in pursuit of common ground, to for victory without wisdom or sac- f end the culture of corruption, to cast rifice. Show us the folly of our ways. RECOGNITION OF THE MAJORITY away the rubber stamp, and, most im- Transform our contrition into exem- LEADER portantly, to change the course in Iraq. plary living for Your glory. The ACTING PRESIDENT pro tem- This Congress has heard that call. As Today, bless our Senators as they we reach our 100th day, we are well on labor for You and country. Create in pore. The majority leader is recog- nized. our way to delivering a government as them hearts fit to be filled with Your good and honest as the people it serves. presence and minds ready to think f From the very first day, we knew all Your thoughts. Go before them to show SCHEDULE our progress would depend on renewing the way. the people’s faith in the integrity of We pray in Your merciful Name. Mr. REID. Mr. President, this morn- Congress. And just as an aside, Mr. Amen. ing there will be a period of 60 minutes for morning business. The majority President, I would note that while I am f will control the first 30 minutes and not much of a poll watcher, it was PLEDGE OF ALLEGIANCE the Republicans the second 30 minutes. brought to my attention earlier this week that the polls showed the Amer- The Honorable BENJAMIN L. CARDIN Following morning business, the Sen- led the Pledge of Allegiance, as follows: ate will resume the motion to proceed ican people are much more supportive to S. 372, the Intelligence authorization of the Congress than they were just a I pledge allegiance to the Flag of the United States of America, and to the Repub- bill, and vote soon thereafter on a mo- few months ago. A lot of that is as a re- lic for which it stands, one nation under God, tion to invoke cloture on the motion to sult of what we have been able to do indivisible, with liberty and justice for all. proceed. I have been advised that the here. f chairman of the Intelligence Com- Our first order of business was pass- mittee, Senator ROCKEFELLER, will be ing the toughest lobbying ethics re- APPOINTMENT OF ACTING on the floor and will speak prior to the form legislation in the Nation’s his- PRESIDENT PRO TEMPORE vote. tory, and we have done that. We voted The PRESIDING OFFICER. The Later today, I will have more to say to give working Americans a much de- clerk will please read a communication about the schedule for the remainder of served and long overdue raise in the

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

S4399

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VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.000 S12APPT1 mstockstill on PROD1PC66 with SENATE S4400 CONGRESSIONAL RECORD — SENATE April 12, 2007 minimum wage. We passed a con- its rightful, constitutionally mandated ican troops doesn’t end when they tinuing resolution that enacted tough role as a coequal branch of Govern- leave Iraq; it must continue when they spending limitations, and earmarks ment. The Bush administration is fi- come home to American soil. were eliminated. We passed every sin- nally being held accountable for some No single piece of legislation will gle recommendation of the 9/11 Com- of its failures—and I say some of them, bring this tragic war to a climax. The mission, after they languished in the whether the political manipulation at American people understand that, but Congress for years with nothing being the Department of Justice, where we they elected us to lead the way, to done. We passed a responsible pay-as- learned today that all the e-mails deal- chart a new course, showing President you-go budget that cut taxes for work- ing with their so-called political com- Bush the way forward, and in these ing people and invested more in edu- puters appear to have been destroyed first 100 days, we have done precisely cation, veterans, and health care. And or hidden—just part of the manipula- that on the war in Iraq and the issues I might say that as a result of Senator tions of this very historic Justice De- here at home. JOHNSON being incapacitated for the partment, and I mean historic in the In the weeks and months ahead, we next few weeks, we were able to pass sense of being the most corrupt ever, will continue to do the very best we that budget even though the margin the most inept ever. We have also been can to change the direction at home here was 50 to 49. We had two brave Re- able to look at this administration for and abroad. publicans to join with us on this very its failures at Walter Reed, the deplor- f sound budget, which we appreciate able conditions at Walter Reed, and the very much—Senators SNOWE and COL- tragic mishandling of the war in Iraq. RESERVATION OF LEADER TIME LINS—and it was done even though in No message was more clear in No- The ACTING PRESIDENT pro tem- the past the Republicans couldn’t pass vember than the call for a new direc- pore. Under the previous order, the the budget with a much larger major- tion in Iraq. Yet, in the months that leadership time is reserved. ity than we have. have passed, President Bush has only Yesterday, we passed legislation of- dug us deeper, deeper in this intrac- f fering the promise of stem cell re- table civil war going on in Iraq. Now MORNING BUSINESS search in a responsible, ethical way, we hear the Army will be forced to put The ACTING PRESIDENT pro tem- with 66 votes—or actually 63, but three further strain on the troops by extend- pore. There will now be a period for the Democratic Senators were unable to be ing their tours of duty from 12 to 15 transaction of morning business for 60 here. They would have voted for that. months. Next, the Marine Corps will minutes, with Senators permitted to So 66—1 short of being able to override have added time to their already speak therein for up to 10 minutes the promised veto of the President. I strained forces. each, with the first 30 minutes con- think it is very possible we will get Today, although you didn’t read it in trolled by the majority leader or his this bill, and it will be the first to over- the paper because it happened since the designee and the last 30 minutes con- ride the President’s veto. I think we papers went to print, a bridge in Iraq trolled by the Republican leader or his can do that. There must be another Re- was blown up right in the city of Bagh- designee. publican who will step forward, in a dad, with cars piled up off of that. They The Senator from New York is recog- profile in courage, and vote with us and do not know how many are dead as a nized. give hope to millions of Americans. result of that. In the Green Zone, in- In the weeks ahead, we will turn our side the Iraqi Parliament, a bomb went f focus to reducing drug costs for senior off today, killing members of Par- FIRST 100 DAYS citizens. That is going to be a battle liament. They do not know how many, because the wealthy, strong, powerful maybe only a couple. We don’t know at Mr. SCHUMER. Mr. President, I rise pharmaceutical industry has hired this stage. But many were injured to join our distinguished leader, my nearly every lobbyist in town—those right in the Iraqi Parliament. friend, Senator REID, and to thank him with Gucci shoes and chauffeur-driven Policing the civil war was never sup- and our whip, Senator DURBIN, for their limousines—and they have been flood- posed to be the mission, and every day leadership and commitment to this ing this Capitol to prevent the Amer- the price we pay grows worse and body and to the American people. ican people from having the benefit of worse—3,300 American lives lost, tens Last November, the American people Medicare being able to negotiate for of thousands more wounded, and about asked us to do three things: No. 1, lower priced drugs. The big HMOs, the $1⁄2 trillion spent. That is $1⁄2 trillion change course in Iraq; No. 2, make mid- health care providers, and the insur- that could go to health care for the 47 dle-class families’ lives a little better; ance companies can but not Medicare. million Americans who have no health and No. 3, oversee an administration What does that say? It says the phar- care and to look at what we are going that is out of touch and has had vir- maceutical industry is way too power- to do about the children dropping out tually no oversight for 6 years. ful. But we are going to have a shot at of school and to do something to pro- Over the past 100 days, we have made it. We will see how much power the vide monies for the Leave No Child Be- significant progress. Change, account- pharmaceutical industry has over the hind Act, which could help education ability, and oversight have become Senate. On this side of the aisle, they around our country. This $1⁄2 trillion more than words; they have become have very little power, but we will see spent, yet no end in sight, according to our mission. We are demanding the how much power they have over on the our President, for the troops. More of change in Iraq that the American peo- other side of the aisle. So we are going the same. ple want. The President is ordering us to try to allow Medicare to negotiate It takes more than saying we support to send him a blank check to continue for lower priced drugs. our troops to make it so, and in these to fund a failed policy, no questions We are going to do our very best to first 100 days, this Congress put words asked. In fact, anyone who asks ques- develop a new strategy for energy, and to action. Our emergency supplemental tions, their integrity is often im- we are going to act as quickly as we appropriations bill gives the troops pugned. That is because the President can to see what we can come up with every single penny requested by the thinks the only way to support our regarding comprehensive immigration commanders on the ground, plus it troops is to rubberstamp what he reform. We passed something here last gives more than the President re- wants. year. We did it without the help of the quested. It provides a reasonable, real- We in the Congress are keeping faith President. With the help of the Presi- istic strategy to draw them out from with the American people. We have dent this year, maybe we can do better. the crossfire of another country’s civil passed a bill that funds our troops and I certainly hope so. He says he wants to war, and it provides funds that the at the same time changes our mission help, but actions speak louder than President’s budget left out to make from policing a civil war to focusing on words. right the unconscionable situations at counterterrorism. We have worked on All the while, during these first 100 Walter Reed and other VA medical fa- resolutions that offer alternatives to days, as I mentioned, we retired the cilities, because our troops do deserve the President’s head-in-the-sand policy rubber stamp and restored Congress to that support. The support of the Amer- in Iraq. We have held hearings to ask

VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.001 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4401 the tough questions that have gone ple who are with us in forging a new di- change in course of this administra- unasked over the past 4 years of the rection for the country, especially tion, which had engaged in warrantless war. We have also made our country when it comes to Iraq. Let us use the wiretapping of Americans, contrary to safer and more secure by implementing next 100 days to show we support the the law, for years. Under the watchful the 9/11 Commission recommendations. troops by providing them with the eye of the new Congress, the Presi- We have funded homeland security funding they need and the change in dent’s program for warrantless wire- grant programs, improved communica- mission the situation requires. taps on Americans has been revised, tions for first responders, increased in- I yield the floor and suggest the ab- and now the Government has to seek formation-sharing among our intel- sence of a quorum. approval for those wiretaps from the ligence and law enforcement agencies, The ACTING PRESIDENT pro tem- Foreign Intelligence Surveillance and strengthened the visa waiver pro- pore. The clerk will call the roll. Court—something we have always ex- gram while boosting civil liberties pro- The legislative clerk proceeded to pected. If our Government is going to tections. call the roll. inspect our papers, our computers, our In the first 100 days, we also passed Mr. LEAHY. Mr. President, I ask voices, they should get a court order an increase in the minimum wage that unanimous consent the order for the first. will put real money into the pockets of quorum call be rescinded. We must engage in all surveillance hard-working individuals and families. The ACTING PRESIDENT pro tem- necessary to prevent acts of terrorism, A minimum wage increase was long pore. Without objection, it is so or- but we can and should do so in ways overdue. While the costs of everyday dered. that protect the basic rights of all life continue to rise, wages for the mid- Mr. LEAHY. Mr. President, today we Americans, including the right to pri- dle class and those aspiring to be mid- mark the 100th day of the new Con- vacy. The issue has never been whether dle class have not kept pace. gress. We have much more to do on be- to monitor suspected terrorists but We passed a bill to open the hope of half of the American people, but we doing it legally and with proper checks stem cell research for millions of fami- have already accomplished an awful and balances to prevent abuses. The lies who suffer from debilitating dis- lot. Administration’s recent reversal of eases and, in the first 100 days, Con- We have heard the American people’s course was a good first step. gress has resumed one of its funda- call for accountability and competence Last month we held oversight hear- mental responsibilities—oversight of in their Government, and we started ings with FBI Director Mueller, and we the White House and the administra- making those goals a reality. We have called him to task for the longstanding tion. From the Justice Department to returned the focus to the rights and in- FBI abuses of national security letters. the Defense Department, Democrats terests of the American people. The inspector general’s report we in- are asking tough questions that have As I have commended the members of sisted be provided included troubling needed to be asked. the Judiciary Committee—and I com- findings of widespread illegal and im- On U.S. attorneys, our investiga- mend the distinguished Presiding Offi- proper use of national security letters tion—not in a partisan manner but bi- cer as well as the other members for to obtain Americans’ phone and finan- partisan, both parties seeking the their help and active participation in cial and credit and other records. truth—continues, and we will work the work of our committee—I come to Nobody would stand for it if you had until we receive every document we the Senate today to thank the major- somebody—agents—walk into your need and until we have talked to all ity leader and those Senators who have home in the middle of the night grab- the key figures involved, whether they been working so hard to restore bal- bing these records. It is the same thing be in the Justice Department or the ance to our Government, protect the when they grab them electronically. White House. liberties and rights of all Americans, Inspector General Glenn Fine testi- Already, we passed legislation that and also to revive America’s leadership fied there could be thousands of addi- will make sure the Senate has a say in in the world. tional violations among the tens of the confirmation of U.S. attorneys be- First and foremost, we are making thousands of national security letters cause we must put the finest people in progress restoring the Senate and Con- the FBI is now using, willy-nilly, each these positions, not simply cronies. We gress to their proper constitutional year. cannot allow the deprofessionalization role. From the FBI’s illegal and im- The inspector general also found of the U.S. attorneys. proper use of national security letters widespread use by the FBI of so-called Our oversight also meant that when to the politically motivated dismissal ‘‘exigent letters.’’ These letters, which major failures were disclosed, such as of so many of the Nation’s U.S. attor- are not authorized by any statute, were the disgraceful treatment of our vet- neys, there are concerns about the issued at least 739 times to obtain erans at Walter Reed and at VA centers competence—but especially the inde- Americans’ phone records when there around the country, we did not let pendence—of the Department of Jus- was often no emergency and never a them get swept under the rug. We held tice. This pattern of abuse of authority follow-up subpoena, as the FBI had hearings to get to the bottom of things and mismanagement causes me, and I promised. Despite these extensive and it is clear we need accountability might say many Republicans as well as abuses, the top leadership at the FBI from those who were in charge and we Democrats, to wonder whether the FBI sat idly by for years, doing nothing to need to make changes in our veterans and Department of Justice have been stop this practice. system so our veterans do not fall faithful stewards of the great trust the We questioned the FBI Director through the cracks again. There is no Congress and the American people have about these matters and reports that higher priority than giving our soldiers placed in them. the FBI has repeatedly submitted inac- the medical care they need, and that is We need to keep our Nation safe, but curate information to the Foreign In- why we put over $4 billion in the sup- we also have to respect the rights and telligence Surveillance Court in its ef- plemental appropriations bill for vet- the liberties of all Americans. In the forts to obtain secret warrants in ter- erans health care. When it comes to previous Congress, the administration rorism and espionage cases. It severely our vets, money is no object. It never sought expanded powers in the PA- undermines the Government’s credi- should be. TRIOT Act to appoint U.S. attorneys bility in the eyes of the Chief Judge of It only has been 100 days, but there without Senate confirmation and to that court. are marked changes in the way this more freely use national security let- If the people charged with law en- Congress is being run. We are not ters. You know, the administration got forcement in this country don’t follow rubberstamping the President’s failed those powers, and almost immediately the law themselves, it all breaks down. agenda, unlike the previous Congress. they bungled them. They bungled them Every one of us, every one of the 100 We have accomplished a great deal and badly. Senators, every one of us are required we know there is a lot more to do. In the Judiciary Committee, early to follow the law. None of us—no As we move forward, we hope our col- oversight efforts included our January American—is above the law, but it be- leagues across the aisle will join us and 18 hearing with Attorney General comes even worse if those who are sup- the vast majority of the American peo- Gonzales. There we examined the posed to enforce the law do not follow

VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.002 S12APPT1 mstockstill on PROD1PC66 with SENATE S4402 CONGRESSIONAL RECORD — SENATE April 12, 2007 the law. These abuses are unaccept- torney General has to remember. The questions relating to the war in Iraq able. Director Mueller now knows that Department of Justice cannot be and congressional authority to condi- and knows these abuses and violations turned into a political arm of the tion funding, the plight of Iraqi refu- can no longer be continued or repeated. White House. gees, the recommendation of the Iraq The Judiciary Committee is now in Accountability has been lacking in Study Group on policing and the ad- the midst of an investigation in which this administration because there has ministration of justice in Iraq, and we are uncovering an abuse of power been a ‘‘rubberstamp’’ Congress. Loy- contracting fraud and abuse in Iraq. that threatens the independence of alty to the President is rewarded over We have examined enforcing our U.S. Attorneys’ Offices around the all else. That lack of accountability antitrust laws, restoring open govern- country. It undermines the trust and and the lack of the checks and balances ment by reinvigorating the Freedom of confidence of all Americans in Federal that foster it must end, and I hope it Information Act, ending antitrust im- law enforcement. We are examining the has ended. We do not need another munity for insurers, increasing drug mass firing of U.S. attorneys. We are commendation for the ‘‘heckuva job’’ competition, strengthening protections trying to get to the truth of what hap- for those who failed in their essential against identity theft, and providing pened so these abuses do not happen duties to the American people. True ac- for fair and comprehensive immigra- again. I want the American people, all countability means being forthcoming, tion reform. Americans, to have a Justice Depart- and it means there are consequences We have also moved legislative ini- ment and U.S. Attorneys’ Offices that for improper actions. tiatives. Indeed, I think the first legis- enforce the law without regard to po- The White House continues to stand lation passed by the Senate this year litical influence and partisanship. I by the firings of the U.S. attorneys and was our bill to restore the cost-of-liv- want the American people to have con- despite assurances by the President ing adjustment for Federal judges. We fidence in Federal law enforcement. I that we would receive cooperation, doc- have passed a bill to amend the reau- want our Federal law enforcement offi- uments and access to witnesses, the thorization of the Voting Rights Act to cers to have the independence they White House has yet to produce a sin- honor the contribution of Cesar Chavez need to be effective and merit the trust gle document or make any witnesses and other outstanding Americans. We of the American people. available. passed by a bipartisan vote of 94 to 2 a Sadly, what we have heard from the Now we are learning that people in bill to repeal that part of the PATRIOT administration has been a series of the White House were having ‘‘off- Act reauthorization that had contrib- shifting explanations and excuses and a book’’ communications by using Re- uted to the U.S. attorney firings and lack of accountability or acknowledg- publican political e-mail addresses, and thereby moved decisively to repeal the ment of the seriousness of this matter. they say these e-mails have not been Attorney General’s unlimited author- The women and men replaced and preserved. I don’t believe that. I don’t ity to appoint so-called interim U.S. whose reputations were then stained by believe that. You can’t erase e-mails, attorneys without Senate consider- those seeking to justify these firings as not today. These e-mails have gone ation. At long last, we have given final ‘‘performance related’’ were appointees through too many servers. They can’t passage to the bill against animal of President Bush. Several had signifi- say they have been lost. That is akin fighting that has languished for so cant achievements in office and glow- to saying the dog ate my homework. It many years. And we have passed the ing performance reviews. doesn’t work that way. Those e-mails Genocide Accountability Act, the first As we learn more details about the are there, the White House just doesn’t legislative result of the new sub- ousters of these U.S. attorneys, the want to produce them. It is similar to committee I worked with Senator DUR- story grows more troubling. Had we be- the famous 18-minute gap in the Nixon BIN to create within the Judiciary lieved and accepted the initial testi- White House tapes. They say these e- Committee on Human Rights and the mony of the Attorney General of the mails have been erased or misplaced. Law. United States and the other Depart- They are there. The White House I hope that the Senate will soon be ment officials, then we would not have knows they are there, and we will sub- considering a number of our other leg- gotten to the truth. The White House poena them, if necessary, and we will islative initiatives. We have reported a and the Attorney General dodged have them because now, when the ad- court security bill, S. 378; a bill to in- Congress’s questions. They ducked real ministration suddenly is facing mean- crease drug competition by giving the accountability for years. In the past, ingful oversight, they say they cannot FTC authority to stop drug companies they counted on a rubberstamping Con- produce the information. They have from paying other companies not to gress to avoid accountability. The the information. They have to bring it compete, S. 316; a bill to establish a American people have a new Congress, out and show it to the American peo- school loan program for those willing and this is a Congress that asks ques- ple. The administration has worn out to serve as prosecutors and public de- tions and wants the truth, and we will the benefit of the doubt. They have un- fenders, S. 442; and legislation to reau- get the truth. The Attorney General dermined whatever credibility they had thorize the successful Byrne grant pro- has admitted ‘‘mistakes were made,’’ left. gram for law enforcement, S. 231. A but somehow he doesn’t say what those The American people are right that number of additional items are not far mistakes were. they are entitled to full and honest tes- He will have another chance, yet an- timony of the White House staff re- behind, including a bill to reauthorize other chance to tell the truth and the sponsible for this debacle. the COPS program, S. 368; and a bill whole truth and nothing but the truth We have asked for administration of- that Senator SESSIONS and Senator next Tuesday at our Judiciary Com- ficials and now former officials to co- LANDRIEU cosponsored attacking fraud mittee oversight hearing. The days operate with the Judiciary Committee in disaster and emergency relief fund- when he could come by once a year and in its inquiry, and I hope that they ing. I hope to see action on our bill not answer questions are over. will. Through the committee’s over- against war profiteering, S. 119, as I made no secret during his confirma- sight work so far, we know some of the well. tion hearing of my concern whether answers to some of the questions we It is a new Congress. It is a new Con- Mr. Gonzales could serve as an inde- have been asking, and the answers are gress that is off to a strong start in re- pendent Attorney General of the troubling. We have learned that most storing accountability, revitalizing the United States on behalf of the Amer- of the U.S. attorneys that were asked checks and balances of our system, and ican people and leave behind his role as to resign were doing their jobs well and earning back the public’s trust in Gov- counselor to President Bush. were fired for not bending to the polit- ernment which was eroded during the The Department of Justice should ical will of some in Washington. Appar- rubberstamp Congress. Much remains serve the American people by making ently, their reward for their efforts at to be done, but we have made meaning- sure the law is enforced without fear or rooting out serious public corruption is ful progress in just 100 days. favor. It is an oath I took when I was a kick out the door. Mr. SCHUMER. Mr. President, if my a prosecutor. That is the oath all pros- Along with these oversight matters, colleague would yield to me. ecutors take, but it is an oath the At- the Judiciary Committee has taken up Mr. LEAHY. Of course, I will yield.

VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.004 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4403 The PRESIDING OFFICER (Mr. middle of that war, be it in Baghdad, gade combat teams; implementation of OBAMA). The Senator from New York is New York, Pennsylvania, Bali, London, a civilian hiring freeze; prohibiting the recognized. or Madrid. What my colleagues on the execution of new contracts and service Mr. SCHUMER. Mr. President, I just other side of the aisle fail to realize is orders, including service orders for want to thank our chair and leader on that diplomacy and the exertion of training events and facilities; holding the Judiciary Committee for the amaz- military force are not mutually exclu- or canceling the order of repair parts ing job he has done on the U.S. attor- sive of one another. You can and must to nondeployed units in the Army. ney’s issue and on so many others. One have both, and they must be effective. These are all things that can result of the things that has been lacking for But it is naive to think that you can simply because this Congress has not 6 years in this administration is over- have diplomacy in a vacuum, espe- acted in a way that is consistent with sight. There has been virtually none. cially when you are dealing with a what is in the best interest of our men As to what the chairman of the Judi- country such as Iran, a country bent on and women in uniform who are serving ciary Committee alluded to, in the U.S. developing nuclear weapons, increasing their country in Iraq and Afghanistan. attorney’s area, it has been appalling its ballistic missile capability, and pro- It is about the politics of whether we what has happened, and again with no viding weapons and training to our en- ought to be withdrawing. Of course, as oversight. It has been on issue after emies in Iraq. I said, the legislation that has passed issue after issue. So many of the things However, this is all moot because the both the House and Senate, including that we have begun to uncover, wheth- Democratic leadership on the war sup- time lines for withdrawal, which ties er it is with the NSA wiretaps, whether plemental spending bill has been ab- the hands of our Commander in Chief, it is with the security letters, whether sent these last couple of weeks. Here ties the hands of our generals in the it is with some of the other things we are, almost 3 weeks after the bill field, sends a very clear message to our going on, have been done under his was passed in the Senate. There has troops that we don’t believe in their watch. been no conference of the bill. And the mission, that we don’t believe it is pos- I thank my colleague for his remarks other body, the House of Representa- sible for them to attain victory. It and for the great job he has done. tives, has yet to appoint conferees. sends a very clear message to our en- The PRESIDING OFFICER. The Sen- What are we waiting for? Why are we emies that on this date certain, we are ator from Vermont is recognized. asking our men and women in uniform going to pull out. What does that say Mr. LEAHY. Mr. President, I thank to wait? to them, other than all they to have do the distinguished Senator from New Well, unfortunately, waiting is what is to wait us out? York. Of course, he is a member of the our military is going to do. The Demo- Irrespective of where you are on this Senate Judiciary Committee, and one cratic leadership has thus far decided particular war—I know it is divisive in of the most active members we have. to purposefully send a bill to the White the United States—when it comes to He has spent countless hours on this House that they know will be vetoed in the fundamental question of making issue. We talk every single day. We order to set up a confrontation with sure our troops have the resources they have worked together. I have been so the President to score political points. need to do the job we have asked them proud of what he has done on that com- I find it ironic that many of the to do, to make sure we are supporting mittee. He made my job a lot easier. Democrats who are so insistent on the important work they are doing and Mr. President, I suggest the absence micromanaging the war and usurping giving them the impression we believe of a quorum, and I would ask that the the power of the President cannot even they can win and that we want them to time not be charged to either side. show up and show the requisite leader- win, there is nothing more important The PRESIDING OFFICER. Without ship to pass an emergency bill that in the Senate for us to be dealing with. objection, it is so ordered. funds our troops. Our troops deserve I know there are a lot of important The clerk will call the roll. more from this Congress. issues the Senate has to deal with. We The bill clerk proceeded to call the I hope my colleagues across the aisle have an Intelligence authorization bill roll. will do what is right and get a bill we are deliberating. We had stem cell Mr. THUNE. Mr. President, I ask passed that the President can sign into research in the last couple of days. We unanimous consent that the order for law. If you look at what the con- ought to be dealing with issues such as the quorum call be rescinded. sequences of us not acting are, it has immigration and health care and en- The PRESIDING OFFICER. Without been very clear. Secretary of Defense ergy, all issues that are important to objection, it is so ordered. Robert Gates said: This kind of disrup- the people. f tion to key programs will have a genu- I submit nothing is more important inely adverse effect on the readiness of than making sure the men and women EMERGENCY SUPPLEMENTAL the Army and the quality of life for in uniform, serving our country in the- Mr. THUNE. Mr. President, last soldiers and their families. aters of conflict, have the resources month I came to the Senate floor to ex- The supplemental is necessary to pay they need to do the job we have asked press my doubts about the emergency for training and equipping our soldiers of them. supplemental spending bill put forth by in Iraq and Afghanistan. If the supple- Meanwhile, while the House is out of the Democratic leadership in the House mental is not passed by April 15, the session and has yet to appoint con- and Senate. military will be forced to consider the ferees so even our staffs in the House The supplemental was, and still is, a following steps: Curtailing and sus- and Senate could get together and flawed bill that will do little to ad- pending home station training for Re- begin discussing the differences be- vance the cause of either liberty or vic- serve and Guard units; slowing the tween the House and Senate bills to get tory in Iraq. It is a poorly crafted bill training of units slated to deploy next a bill to send to the President, which that includes language directing the to Iraq and Afghanistan; cutting the the President can subsequently veto President to begin a phased withdrawal funding for the upgrade or renovation and send back here so we can have an of American troops, essentially tying of barracks and other facilities that override vote, which will fail—then we the hands of the Commander in Chief, support quality of life for troops and will be right back where we started— and signaling to our enemies that this their families; stopping the repair of the troops don’t have any funding. is the day on which we will wave the equipment necessary to support Hopefully, at that point, perhaps, the white flag and surrender. predeployment training; reducing the Democrats in the House and Senate Mr. President, the Democrats believe repair work being done at Army de- will come to the realization that all the war in Iraq is a civil war between pots; delaying or curtailing the deploy- these theatrics and shenanigans being Sunni and Shia, and that America has ment of brigade combat teams to their played on the floor of the House and no place in their war. I see the war in training rotation; this, in turn, will Senate are not doing anything but Iraq as a war between Islamic fascists cause additional units in theater to sending a message to our enemies that and everyone else. have their tours extended because we are weakening in our resolve and Contrary to the belief of many of my other units are not ready to take their not doing what we need to be doing, Democratic colleagues, we are in the place; delaying formation of new bri- and that is funding our troops to make

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.005 S12APPT1 mstockstill on PROD1PC66 with SENATE S4404 CONGRESSIONAL RECORD — SENATE April 12, 2007 sure they have the necessary training Mr. SESSIONS. Will the Senator sides have a caucus of about 50 people, and equipment and ability to conduct yield for a question? thereabouts, that they have to deal and win this mission we have asked Mr. THUNE. I am happy to yield to with. The Speaker of the House has a them to complete. the Senator from Alabama. responsibility for making sure that 435 The ironic thing about it is, while all Mr. SESSIONS. About the conference Members of the House of Representa- this is not going on here, the absence process, when an emergency supple- tives are moving forward with a legis- of activity in the Congress where we mental is passed, even though it had lative agenda. There is a lot of respon- ought to be conferencing the supple- language in it that I know the Senator sibility, a lot of pressure. I have experi- mental bill so we can get the process opposes, and so do I, it would normally enced and seen firsthand much of that. moving forward and hopefully get a bill have to go to a conference committee What I don’t understand, however, is back from the President that will have of Members of the House of Representa- where in the job description of the been vetoed so we can send him an- tives and Members of the Senate. Speaker of the House comes this notion other bill that has funding in it for our Sometimes it takes a good while, does that somehow the Speaker of the troops, while all this is not going on in it not, historically, for differences in House ought to be going out and meet- Washington, the Speaker of the House the House and Senate bills to be ing with Syrian leaders, countries and of Representatives, while the House is worked out? It sometimes takes a good leadership that are aiding and abetting out of session this week in recess, is while; would the Senator agree? the people we are fighting against, our traveling around the world conducting Mr. THUNE. That is correct. The enemies in Iraq, and trying to conduct foreign policy. Where and since when is Senator is absolutely right. He well foreign policy, representing the inter- it the job of the Speaker of the House knows, anytime the House and Senate ests of one of our allies, the Nation of of Representatives to conduct foreign act on separate pieces of legislation, it Israel, and not only misrepresenting policy, going to other countries in the has to go to a conference committee. their views but, frankly, exercising au- world, particularly countries with Differences have to be worked out be- thority that clearly they didn’t give which we don’t have a relationship, fore the conference report can come her to exercise. I am at a loss to ex- countries that harbor and sponsor ter- back to the House and Senate and be plain why we would be here waiting to rorist activities, meeting with them to passed and ultimately sent to the deliver messages from other countries conference an important supplemental President. appropriations bill that will fund the around the world? Mr. SESSIONS. Those conference I know we have a President and Vice troops while the leadership of the other committee appointments are decided body is traveling the world, conducting President, we have a State Department by the leaders of the Senate for the and a diplomatic corps, all of which are meetings that clearly ought to be in Senate conferees and the leaders of the tasked with that important job. But the purview of our representation at House, the Speaker of the House, Ms. the Speaker of the House of Represent- the State Department and the White PELOSI, would appoint those conferees. atives somehow decided she should be House and diplomatic corps. If it were something they wanted to the courier of messages between Israel If the Senator from Alabama would have done badly, that was high on her and Syria. like to make some comments on this It should come as no surprise that agenda, would not they have appointed particular subject, I am happy to yield the Israeli Prime Minister took issue conferees before we recessed almost 2 the floor. with the Speaker of the House of Rep- weeks ago so the conferees could have Mr. SESSIONS. Mr. President, what resentatives conducting Israeli foreign begun work during this interim period, time remains on this side? policy as well, not to mention the fact staffs could have been working on The PRESIDING OFFICER. The Sen- that she didn’t have the authority to these issues and been ready to move ator has 141⁄2 minutes. do it, nor was the message she deliv- rapidly when the House comes back in Mr. SESSIONS. I thank the Chair. ered the correct message. It seems to session? If they had wanted to, couldn’t I thank my colleague from South Da- me what we ought to be focused on as they have done that? kota. I believe his National Guard per a Congress is not running around the Mr. THUNE. Mr. President, I serve capita is one of the largest National world meeting with leaders who are with my colleague from Alabama on Guards in the country. I know mine is, aiding and abetting the very people our the Armed Services Committee. This is both on a per-capita and aggregate men and women in uniform are fight- an issue he cares deeply about, making basis. We have soldiers in Iraq right ing against in Iraq but, rather, being in sure our men and women are well cared now from our home States. I talked to Washington, dealing with the impor- for and that they are in a position to the mother of a soldier who was re- tant issue of funding our men and do the work we ask them to do. It cently killed, and this is a painful sub- women in uniform who are involved in would make sense—I think it is fair to ject for us all. At this very moment a very important mission for the future say—that the House, knowing they throughout Baghdad, Al Anbar Prov- of our country. I know this is an issue were going to take a 2-week recess, to ince, American soldiers are walking on which this country has great debate. appoint the conferees so the important those streets, working closely with I know people in my State, as in many work of the conference committee Iraqi soldiers, Iraqi police officers, in States, are weary of the conflict in could get underway, so we wouldn’t an effort to create stability so that po- Iraq. have to wait another several weeks to litical agreements can be reached that We have in place a new strategy that get this legislation through the con- could lead to a stable and successful includes additional troops, a change in ference committee, ultimately sent to Iraq. This is an extremely, deeply im- rules of engagement, new conditions the President, where it is certain to be portant matter. Now we are in a situa- and benchmarks for the Iraqi Govern- vetoed, so that it has to come back tion in which our leader in the Senate, ment, for the Iraqi military. I want to here and start all over again. It seems Democratic leader, Senator REID, has see it work. I want to see our troops that would be a fair expectation of our said they intend to fund our troops. succeed. I believe a majority of the colleagues in the other body when it They intend to provide the money the people want to see our mission in Iraq comes to appointing conferees for this President needs to conduct this war, succeed, knowing full well the con- important legislation. but at the same time they want to tell sequences of failure will be detrimental Having served three terms in the the generals how to conduct it. They and disastrous to the United States and House of Representatives, I had the want to say that on a given date we to our security in the future. Yet here privilege during those terms to rep- have to move troops in this direction we are. The Senate is here. We can’t resent my class as a Member of the or that direction, and we will begin to conduct a conference because the House leadership. On a weekly basis, I bring troops home 4 months from House of Representatives is not in ses- had the opportunity, under both today, regardless of the conditions in sion, nor did they, before they departed Speakers Gingrich and HASTERT, to be Iraq, regardless of what the military for a 2-week recess, appoint conferees a part of the process. I know how many experts say, without any real thought, to the supplemental appropriations bill pressures and how much responsibility if you want to know the truth. that would enable us to go about this comes with the job of Speaker of the I have been to Iraq four times and important work. House. Our Senate leaders on both will be soon going my fifth. Very few

VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.007 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4405 people in the Senate have been there so eral Petraeus committed, at my re- Senate and the House wanted to be often. I submit we don’t know suffi- quest, that if he thought what we were heard on this, they would go about ciently how to direct the deployment doing would not be successful, he would doing that? of our troops. I don’t know. Who knows not hesitate to tell the Congress and Mr. SESSIONS. Mr. President, I the best? General Petraeus? This is his the American people exactly that. I be- could not agree with the Senator more. third full tour over there. He has stud- lieve he will. Right now, he believes he Having been in the Department of Jus- ied insurgencies and written a Depart- can be successful. If we allow him to do tice a number of years as U.S. attorney ment of Defense manual on how to de- so, I believe he will be. and having had a few occasions to deal feat an insurgency. Mr. President, I see others on the with this specific issue, money not ap- Who is the best qualified to make floor. I conclude by saying I believe we propriated by Congress cannot be spent these decisions? This is not a little ought not to be in this posture of by the Government. In fact, there is an matter. We voted, over three-fourths of brinksmanship over this issue. I believe Antideficiency Act that makes it a this Senate, to authorize military force it is irresponsible. I believe it places criminal offense for a governmental of- in Iraq. Our soldiers are doing what we those soldiers we have sent at greater ficial to spend money that Congress asked them to do—not what they want risk for their lives, and their mission is has not appropriated. to do, what their duty is. placed in a situation where it would be So that is our responsibility: to fund A father of a military Army officer more difficult to accomplish. That is or not fund. The Democratic leader told me right out here a few weeks something we should not do. I hope said they are going to fund. It is not ago—his son was about to go to Iraq— cooler heads will prevail. our responsibility to micromanage the he said: Senator, they are watching Mr. THUNE. Mr. President, I ask the war, however. So I would say we abso- you like a hawk. Our soldiers over Senator from Alabama if he will yield lutely as a Congress—if we reach that there are watching what we in Con- for a question. decision—can shut off funding, and to- gress do. They wonder what is going Mr. SESSIONS. I am pleased to yield. morrow the troops would have to be on. Mr. THUNE. Mr. President, I say to brought home, or shortly thereafter. They are putting their necks on the the Senator, I agree with everything he Mr. THUNE. Mr. President, I would line for the policies we asked them to said. The thing I guess that has trou- say to the Senator from Alabama be- do, and they hear this kind of talk, bled me about this process since the in- cause I think it is an important point they hear of this delay. We can’t get ception of the debate we have had in to make—I have heard the debate here even the emergency supplemental the Senate, that has been swirling a lot, and, again, as it continues in this passed. It is very discouraging to me. I around in Washington for some time, city and across the country, that there don’t believe this is an action worthy has to do with the way this supple- has to be a political or diplomatic solu- of a responsible Senate. We know this mental bill was constructed and the tion that somehow we have to reach; Senate has the power, this Congress proscriptive language that was put in the sides have to come together, which has the power to shut off funding for it relative to tying the hands of our I do not disagree with. However, I the war in Iraq and bring our troops Commander in Chief, tying the hands would also argue, in order for that to home immediately. of our generals, essentially sub- happen, you have to have security. You But if we are not going to do that— stituting the judgment of politics in cannot have a functioning democracy and the Democratic leader said we are Washington for the judgment of our or government absent security; in the not going to do that, we are going to generals in the field. last several hours, a couple of law- give them the money they need under I am extremely troubled by that lan- makers in Iraq were killed in the Green this supplemental—if we are not going guage, as is the President, which is Zone. to bring them home, and we are going why he has indicated he is going to How is a government to function, to give them the money, for Heaven’s veto this bill when it comes before him. how is a political process to work, if sakes, let’s don’t micromanage what They knew that. They knew that when there is not adequate security, which is they do, and let’s don’t demand com- it was passed. They knew when it went the point I believe many of us have mitments from the Commander in down there, it was going to be an issue made all along. I say to my colleague Chief he cannot agree to. which the President, absolutely, in his from Alabama, there has to be not only He cannot agree to 100 Senators tell- constitutional role as Commander in a political solution, but there has to be ing him when and how to deploy the Chief, could not allow—that type of security established. That is what this troops. What would General Petraeus language and that type of restriction— new strategy is designed to accomplish, think? What would his responsibility to be imposed on his ability to pros- to allow that process to work. We be to his general whom he asked to ecute and win wars. ought to allow this strategy an oppor- serve, who is serving, whom he told But I guess my question to the Sen- tunity to work, rather than pass bills would be given responsibility to be suc- ator from Alabama has to do with: If out of here that tie the hands of the cessful in Iraq and bring stability the Senate or the House wanted to stop President, tie the hands of our gen- there, with his whole effort focused on what is happening in Iraq, wanted to erals, substitute the judgment of poli- that? withdraw, get our troops home imme- ticians in Washington for the judgment I wish to share with my colleagues a diately—in spite of the fact that under of our generals in the field. Further- deep concern that we not get into some this new strategy we now have more more, we need to get funding to our sort of game of chicken with the Presi- troops there, we have different rules of troops. dent and the Congress. I must say, I am engagement, we have more buy-in from So I think the Senator from Alabama glad the Democratic leaders apparently the Iraqis; the Iraqis are coming more has put it very eloquently, and I join said last night, after earlier saying no, into the fight; we have an opportunity, him in urging the rest of our colleagues now they will meet with the President in my view, at least, hopefully, to have in the Senate—and, obviously, hope- at his request to discuss their dif- success there—what is the step the fully, very soon in the House—to get ferences. Congress, if they wanted to basically this process wrapped up, to get a bill to But it is not just a political game of end our involvement there, could do? Is the President that he will ultimately chicken between the Congress and the it not to cut off funding? Would that veto, send it back here, start over President; we have soldiers in the field not be? again, and let’s at least get the funding whose lives are at risk this very mo- If the Senate and the House were se- to our troops so we can get this situa- ment. They need better support than rious about this, why is it they are tion in Iraq secure so this political that. Our allies need to know we are going about all these shenanigans, try- process can function and work and, not going to be acting in a way this ing to provoke this confrontation with hopefully, create a stable democracy. Senate resolution suggests. The enemy the President over this particular lan- Mr. SESSIONS. Mr. President, I say needs to know we are not going to be guage that ties his hands relative to to Senator THUNE, I agree, and will re- acting in that fashion, in my view. time lines, when in fact the real con- call for our colleagues that—I believe We have a tough challenge over stitutional role the Congress has is it was postelection—General Schoo- there, there is no doubt about it. Gen- funding? Is funding not the way, if the maker, the Chief of Staff of the Army,

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.008 S12APPT1 mstockstill on PROD1PC66 with SENATE S4406 CONGRESSIONAL RECORD — SENATE April 12, 2007 pleaded with us not to allow what hap- worked hard, both as minority leader Director of the CIA to protect intel- pened last year to happen this year. He and as majority leader, to try to make ligence sources and methods and a pro- was referring to delaying passing the this happen. vision to increase the penalties for un- supplemental because it causes all I suspect Senator BOND and I will authorized disclosure of the identity of kinds of problems. have some fairly strong words to say in a covert agent. A few weeks ago, he testified again, agreement about this because I think The bill also contains numerous pro- and he was passionate about this. It is both of us are very dismayed that de- visions intended to improve oversight his soldiers, predominantly, Army sol- spite the very considerable efforts of of the intelligence community. We diers in Iraq. He pleaded with us not to Vice Chairman BOND and myself—we have not been doing that in the sense delay this supplemental. He said you operate very closely together—to get that we should, and Vice Chairman have to take money from all kinds of agreement on this bill, there is still an Bond and I worked very closely to- accounts, and time and effort the lead- objection to its consideration, as I un- gether on this issue. He is a ferocious ership in the Department of Defense derstand. pursuer of intelligence wherever he can needs to be spending helping the sol- It is almost inconceivable to me we find it, and he usually manages to diers being successful has to be redi- are forced to come to this point of clo- bring it back with him. Section 408 will rected to bringing money together in ture and motions to proceed and all establish a statutory inspector general ways that are not easy to fund the ef- kinds of things on a national security for the intelligence community. The fort. He described it as trying to walk bill. I do not understand that, where DNI, the Director of National Intel- through a marsh waste deep in water— that comes from, why the motivation, ligence, has used his power to create an those were his words—in the muck. how that happens. IG, but the power to do so doesn’t mean We are creating a political muck that In any event, we are talking about a requirement to do so. So we would makes it very difficult and adds addi- the authorization bill of the Intel- strengthen that position in this legisla- tional burdens to our Defense Depart- ligence Committee for 2007; and this is tion and make it more accountable to ment when they have so many impor- already the period for the 2008 author- Congress. tant things to do. We should not do ization bill. It is inexcusable. From Section 434 of the bill strengthens ac- that. 1978 through 2004—that is a long time, countability and oversight of the tech- I thank the Senator for his eloquent 1978 to 2004—every year, there was an nical intelligence agencies by pro- remarks and his leadership on the authorization bill, like every year viding a very important matter: that Armed Services Committee and for his there is a military authorization, the heads of the National Security commitment to our soldiers and com- Armed Services authorization bill. It Agency, the National Reconnaissance mitment to the United States of Amer- happens in all major committees. The Office, and the National Geospatial-In- ica and the good foreign policy we have Senate had an unbroken 27-year record telligence Agency are to be appointed had, we seek to accomplish. of having authorization bills every sin- by the President, as they have been but Our foreign policy is a foreign policy gle year. This year and the last year— with the advice and consent of the Sen- designed to improve the Middle East. It and I think the preceding year—we did ate. That has not been the case. This is is designed to improve the lives of the not. an enormous fountain of intelligence, people in Iraq. It is not an imperialistic It is very frustrating to the Senator and we think they ought to be respon- attempt to gain wealth or power at from Missouri and myself. This should sive to the two Intelligence Commit- their expense. We want them to be suc- be considered, and is considered, must- tees in the Senate and the House. cessful. In the end, it will be successful pass legislation. It is in the national My colleagues may be surprised that for us. It will make us more safe. It interest. We are in the middle of a war the head of an agency with as central a will make the world more safe and can on terror. Our continued military in- role in the intelligence community as begin the end of some of the radicalism volvement in Iraq and Afghanistan the National Security Agency or an we are seeing. calls for an analysis of what is going on agency with the enormous budget of I thank the Presiding Officer and in the intelligence community, putting the National Reconnaissance Office is yield the floor. it into authorization form so it can go not appointed with Senate confirma- Mr. President, I suggest the absence on to be discussed and debated on the tion. It is really shocking. Whether it of a quorum. floor. was an oversight or not, I have no idea, The PRESIDING OFFICER. The It is a matter of life and death. But but it is wrong. Senator MIKULSKI clerk will call the roll. we are being blocked again from con- pointed this out. This bill would cor- The bill clerk proceeded to call the sidering a bill that provides the legisla- rect that. roll. tive roadmap for America’s intel- Section 108, cosponsored in com- Mr. ROCKEFELLER. Mr. President, I ligence programs. America is not mittee last year by Senators LEVIN and ask unanimous consent that the order meant to work that way. Similar to HAGEL, seeks to improve the timely for the quorum call be rescinded. the bills I have mentioned, you have to flow of information to congressional The PRESIDING OFFICER. Without get authorization. It is done routinely. intelligence committees. In other objection, it is so ordered. It is very puzzling. words, things can’t be put off for a year Now, there are 16 separate provisions f or 2 years, 6 months or whatever. We under our 2007 authorization bill—we try to enforce our view that we are an ORDER OF PROCEDURE are in the period for the 2008 authoriza- oversight group and we intend to be Mr. ROCKEFELLER. Mr. President, I tion bill—enhancing and clarifying the treated as such and we will not be ask unanimous consent that I be recog- authority of the Director of National treated in a lesser way. Similar lan- nized for the time remaining under Intelligence. These provisions include guage was included in the intelligence morning business, and I further ask improvements to the way we approach reform legislation that passed the Sen- consent that after my time expires, the and manage human intelligence, which ate in 2004 and in S. 4, which passed the Senator from Missouri, Mr. BOND, be the vice chairman and I feel very Senate last month. recognized for a period of 5 minutes. strongly about, information sharing, There are requirements for the provi- The PRESIDING OFFICER. Without and the ability to manage intelligence sion of specific information, including objection, it is so ordered. community resources. Those are words a report on the implementation of the f with a great deal behind them. Detainee Treatment Act and a separate I, like many of my colleagues, have report on the operation of clandestine INTELLIGENCE AUTHORIZATION been increasingly concerned about the detention facilities. These are not triv- Mr. ROCKEFELLER. Mr. President, seemingly endless stream of leaks of ial matters, as the Presiding Officer let me take this opportunity to extend classified information. This bill in- understands, and they cannot be dealt my deep appreciation to my good cludes provisions improving the au- with trivially by this body, and there- friend, Senator REID, for his very gen- thority of the Director of National In- fore we need this bill. uine persistence in pursuing this Intel- telligence, whom we put in charge to These provisions are all intended to ligence authorization bill. He has look at matters such as these, and the improve our ability to make decisions

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.010 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4407 leading to better intelligence for the addresses most, if not all, of the seri- we will be able to clear many of them military and policymakers. There is no ous concerns that might be raised. and get this bill passed. We ask that reason the Senate cannot pass the bill We have to reassert our oversight. Members bring those amendments to and do so quickly so that we can con- Now, there may be some officials in the us as soon as possible. ference with the House and do that executive branch who prefer a lack of Again, I strongly urge and request quickly so that we can pass the bill, congressional oversight. I sure under- my colleagues who recognize that in- the authorization bill of 2007, here in stand their positions. If I were running telligence is so important in this glob- April of 2007 and proceed on. an agency, I wouldn’t want to have al war on terror declared on us by al- I will close by saying: I would remind Congress looking over my shoulder. Qaida and radical Islamists—not a war my colleagues that we are at war in But that is not how the system works. we started but a war they started, that Iraq and in Afghanistan, and we are at We have a responsibility to provide the can only be countered by good intel- war in scores—or potentially at war in funding and oversee how they are car- ligence—help us get to the process of scores of countries around the world rying out their duties, and I suggest improving our intelligence community where al-Qaida is strong and growing, this bill will give us the power to do so and our intelligence performance. or groups such as the Taliban or others and ensure constructive account- Mr. President, I thank my colleague are growing. We can’t have delay. This ability. One of the most significant for his leadership, I thank the Chair, is an important bill. I encourage my means of providing such accountability and I yield the floor. colleagues to vote for the motion to in- is authorizing the appropriations for The PRESIDING OFFICER. The Re- voke cloture and allow this process to the intelligence community’s national publican leader is recognized. move forward. intelligence program, or NIP. For that f Mr. President, I yield the floor. reason, the authorization of the appro- HONORING SENATOR TED The PRESIDING OFFICER. The Sen- priations section in this bill may be its STEVENS ator from Missouri is recognized. most important section. Mr. BOND. Mr. President, I whole- Is this bill perfect? No. There is no Mr. MCCONNELL. Mr. President, I heartedly join with my new chairman such thing as perfect legislation—I rise to honor a colleague and a friend, of the Senate Intelligence Committee, have never seen one, and I don’t expect Senator TED STEVENS, who this week Senator ROCKEFELLER, in urging our to see one—but we all get an oppor- becomes history’s longest serving Re- colleagues to work constructively with tunity and will have an opportunity to publican member of the Senate. This is us in reestablishing congressional over- vote to improve it. an outsized accomplishment for a man sight of our intelligence community. The bill, as reported, is largely the whose name is virtually synonymous More than 30 years ago, the Senate same bill as last year and contains with the Nation’s largest State. Yet no Select Committee on Intelligence was many provisions sought by intelligence one who ever crossed paths with Sen- formed to address a serious problem, community agencies to help them in ator STEVENS is surprised that he has and that problem was previously a their job. For example, the bill pro- achieved it. complete lack of congressional over- vides the Director of National Intel- The long list of things he has done sight of the U.S. intelligence oper- ligence with additional authorities to for the people of Alaska in the course ations. The attacks of September 11, improve information access across the of a remarkable 39 years in the Senate 2001, and the findings of the 9/11 Com- intelligence community. So there can traces an arc as vast as the State mission confirmed that congressional no longer be stovepipes of information itself. His love for that State and this oversight of intelligence was still seri- not shared among the agencies col- country is legendary. This milestone is ously lacking in many areas. lecting it. The DNI is given full access merely an occasion to recall and retell With the painful lessons of 9/11 in to human intelligence and the author- that legend. As the Republican leader, mind and the threats laid out by Chair- ity to improve access and coordination an admirer, and a friend, I welcome it. man ROCKEFELLER, it is more impor- across the community. It is a story that takes us back to a tant than ever that we perform our Nearly half of the provisions con- day when transistor radios were new to oversight role. Unfortunately, the last tained in this bill were requested by the White House and construction Congress failed to see an intelligence the intelligence community for fiscal workers had just cleared a space in the authorization bill pass the Senate, al- year 2006 and 2007. We are in the proc- Bronx for Yankee Stadium. America though Chairman ROBERTS and Vice ess of receiving the IC request for 2008, was changing quickly, and Theodore Chairman ROCKEFELLER tried hard to as it clears OMB. When we pass this Fulton Stevens would take as much of pass one. There were political rea- bill, we will have addressed 23 of the 31 it as he could. sons—neither side of the aisle was cleared provisions that are contained Born in Indianapolis, he moved to blameless in that regard—but it did not in the IC’s fiscal 2008 request. Redondo, CA, as a boy and learned to happen. There is also included an example of surf along the beaches of the South When Senator MCCONNELL asked me where our committee wants to take Bay. His pioneering spirit took him to to be vice chairman of the Intelligence some initiative. The bill creates within Oregon and Montana for college and Committee for this session of Congress, the office of the DNI a National Space then to even more exotic places as an I wrote a letter with suggestions to the Intelligence Center—or we may call it Army Air Corps pilot in World War II. chairman on the priorities, and at the an office—to address intelligence col- At 19 years old, he was flying C–46 top of the list was passing the fiscal lections related to our space assets or transport planes over the Himalayas year 2007 Intelligence Authorization threats to the United States from and into China supporting the leg- Act. Chairman ROCKEFELLER and I space. The need for this office was em- endary Flying Tigers. He left the Army strongly agreed that if we were to be phasized recently by the successful after achieving the rank of lieutenant able to conduct constructive oversight antisatellite weapons test by the Peo- and in recognition of his bravery re- and make our suggestions and our re- ple’s Republic of China. Creating this ceived a Distinguished Flying Cross quests and demands known, we would new office or center is an example of and an Air Medal. have to pass this bill. We have to pass the forward-leaning oversight that cor- A decorated war veteran in his early authorization bills. We have been in rects a present deficiency within the 20s, TED returned to California to re- agreement on that matter since the be- IC. sume his studies and later enrolled at ginning. It is time the Senate reassert its con- Harvard Law School. A consummate We have a managers’ amendment we stitutional role in oversight. Does the tough guy, the man who would one day will be describing in more detail which process have warts? As I said, of course prepare for tough legislative fights by we will offer which addresses some of it does, but it is a critical component donning ties that featured the Incred- the serious concerns other Members of our national security. ible Hulk helped pay his way through and I have had for some time, and I I urge all Senators to work with us law school by tending bar and selling would ask anybody who has concerns constructively to pass the bill. We look his own blood. about the underlying bill to look at the forward to hearing from both sides on After law school, TED showed up in managers’ amendment, which I think the amendments they have, and maybe Washington to practice his trade. He

VerDate Aug 31 2005 00:39 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.011 S12APPT1 mstockstill on PROD1PC66 with SENATE S4408 CONGRESSIONAL RECORD — SENATE April 12, 2007 married a girl named Ann, and to- I needed a vacation after doing for two They say the only way to have a friend is gether they set out on yet another ad- weeks what he’d been doing for 39 years,’ he to be one. And Ted’s friendship with Senator venture. With an appetite for risk and said. Inouye, is one of the great models of biparti- After Ann’s tragic death, Ted met his be- sanship this building has ever known. We all a passion for service, TED would carve loved Catherine. They would add a sixth know the two men call each other brothers. a life for himself and his young family child to Ted’s brood, Lily, who many of us But some might not recall that Ted has ac- out of the vast expanse of the Alaska remember running around the Senate as a tually donaTed money from his own Polit- territory. He would devote the rest of little girl. ical Action Committee to Senator Inouye’s his life to helping people there achieve Catherine had to get used to Ted’s tenacity re-election campaign. the same rights and privileges that early on. The day after their wedding, he How does Ted do all this? those in the lower 48 took for granted. agreed to fill in for a colleague on a trip to He’s always looking forward. Thirty-nine tout Reaganomics in China. She had never As a result of decades of work in the years in the Senate, and he doesn’t remi- let him live down that ‘‘Honeymoon.’’ nisce. He hasn’t slowed down a bit. He plays service of that goal, the name ‘‘TED As chief of staff, George says nothing’s tennis and enjoys fishing. He tries to get in STEVENS’’ would one day be synony- changed. He’s learned to put his Blackberry an hour at the Senate gym every day. And mous with an area one-sixth the size of in the basement when he goes to bed at when he says he’s a fighter, he means it: his the entire United States. night, or the boss would keep him up with e- staff assures me he still trains on a speed He was there at the creation. As a mails. bag. young lawyer at the Department of the Ted will tell you he works so hard because When Ted got to the Senate, he had a there’s so much work to do. Alaskans don’t Interior, TED STEVENS stood over a motto: ‘‘To hell with the politics, do what’s have the benefit of centuries of infrastruc- right for Alaska.’’ Over the years, he map with President Eisenhower and ture and planning that much of the rest of traced out the borders of the 49th changed that motto, just slightly. Now it’s: the country does. Of the giant State’s more ‘‘To hell with the politics, do what’s right State. He returned there in 1961, start- than 200 villages, only a handful had running for the Nation.’’ But in one of the most dis- ed a law firm of his own, and soon won water when Ted came to the Senate. But tinguished careers in the history of this a seat for himself in the Alaska House largely thanks to him, roughly half of them body, he’s done both. of Representatives. Four years after do now. The people of Alaska and this Nation are that, Democratic Senator Bob Bartlett He’s tried to make sure that people on the better for having Ted Stevens around. We’d outside understand the challenges. And turn- hardly know what to do without him. And in passed away, and on Christmas Eve, ing down an invitation to Alaska from Ted the State’s Republican Governor chose appreciation of his friendship and his noble Stevens isn’t recommended if you ever ex- service to State and country, I honor him TED to replace him. pect to appear before him at a committee today for his historic achievement and wish Now, TED STEVENS wasn’t well known hearing. An entire generation of Federal offi- him many more years of good health and cials has trekked up there at Ted’s invita- outside his home State, but curious service. folks in Washington could have found tion. Elaine and I have spent six of the last (Applause.) this brief description of him in News- The PRESIDING OFFICER. The Sen- week. Here is how they summed him seven July recesses at the Kenai River King Salmon Classic and, like everybody else ator from Hawaii is recognized. up: who’s been there, we never leave without Mr. INOUYE. Mr. President, I am a ′ ″ Stevens is a 5 6 cigar smoker who hunts being impressed by two things: the magnifi- proud Democrat. TED STEVENS is a moose and earned a reputation as a scrapper cence of the scenery, and just how much of proud Republican. People have said, in the Alaska House of Representatives. Alaska’s progress is a direct result of Ted how can you two ever get together? It was brief, but it wasn’t far off. Ted Stevens. didn’t leave his scrappiness in Juneau. It starts at the airport: Ted Stevens An- Well, as the leader has indicated, we He would bring it to Washington. chorage International. It runs through the call each other brothers. A story about the Marine Mammal Protec- pipeline; the land settlement claims; the I know this is a violation of our tion Act of 1972 illustrates the point. Ted was double-hulled tankers that move along the party rules, but I have contributed to a first term minority senator at the time, shore; and through all the homes in the Ted’s campaign, and he has contributed but he was determined to find a way to get remotest reaches of Alaska that have radio to my campaign. Last election was one this piece of legislation enacted into law. and television because of Ted. And it con- of the most negative and partisan ones The story goes that Ted was carpooling tinues with his epic battle to open up the that I have ever experienced. The issue into work one morning with the Democratic Artic National Wildlife Refuge. chairman who could make it happen, and he ‘They sent me here to stand up for the was Iraq, as it is today. TED STEVENS got him to agree to a vote on his amendment State of Alaska,’ Ted once said. That’s just came up to me and said: You know, that day. what he’s done. And Alaskans love him for this election is sending a bad message Well, the day passed without any action. it: on March 22, 2000, the Alaska State Legis- to the fellows and the women in Iraq. They called the bill up on the floor, and the lature named Ted Stevens Alaskan of the We should send another message. So he thing went through second reading, third Century. proposed that we do our very best to reading, and then onto a final vote. No But he’s done a lot more for the rest of us amendment. besides. Thanks to a remarkable 35-year ten- pass the Defense appropriations bill in Ted ran right up to the Chairman and ure on the Appropriations Committee, no a timely fashion unanimously. The yelled at him right to his face: ‘‘You SOB, one has done more for the U.S. military than record will show that the sub- you promised me a vote!’ Hearing the com- Ted Stevens. Never one to deny or delay ma- committee came out and voted unani- motion, the Democratic leader, Mike Mans- terials or supplies to troops at home or in mously for the Defense appropriations field, came over to chastise Ted. Nobody the field, he’s secured funds to continue bill. The full committee responded by swears in this chamber, he said. funding the F–117, to replace Air Force One, unanimously voting for it, and the Sen- But then Ted told Mansfield what had hap- for Unmanned Aerial Vehicles like the Pred- ate, for the first time in history, voted pened, and how important the bill was to his ator and Global Hawk, and for a replacement State. Mansfield turned to the chairman and Coast Guard Icebreaker and the F–16 pro- 100 to 0. asked whether the story was true. When he gram. That is bipartisanship, Mr. President. found out it was, he took the bill back to a He was instrumental in ensuring funds for We have demonstrated that it can be second reading, offered the Stevens amend- early military research on everything from done, and it has been done many times. ment in his own name, and the amendment breast cancer to AIDS. We have many things in common, but I passed. I remember asking myself when I first ar- think more things uncommon. He rep- This was just one of the major pieces of rived in the Senate whether Stevens was resents glaciers; I represent coconut critical legislation Ted has fought for on be- ever in a good mood. half of Alaskans. There have been many oth- But I learned, as everyone else who knows trees. But we do have many things in ers. Ted never tires of fighting for the people him does, that, like Hamlet, Ted Stevens common. We fought in World War II— of Alaska. But if you ask his staff, they’ll ‘‘speaks daggers but uses none.’’ And in this, he in China with the Flying Tigers, and say he just never tires. ‘‘his tongue and his soul be hypocrites.’’ I was in Europe fighting the Germans. His chief of staff, George Lowe, remembers Those who weren’t convinced of this We represented territories. So we came his first trip to Alaska with the boss. A staff changed their minds during that sad week in in as new Members of the Senate, and assistant at the time, George was a little September 2003, when we learned about the he and I have received the crown of taken back when he picked Ted up at 6 a.m. death of Senator Gordon Smith’s son, Gar- and the Senator had already gone through rett. Senator Smith opposed Ted on ANWR, being ‘‘pork men of the year.’’ We are the briefing book he’d been given the night the biggest issue of his life. And a lesser man No. 1 in add-ons in the United States before, already read the papers, and already might have held a grudge. Yet it was Ted Senate. been on the phone to Washington for a cou- who arranged to fly himself and his col- Mr. President, I am proud to call TED ple hours. leagues in the Senate to the funeral. STEVENS my brother. I hope we can

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Senator Ste- TED is a dedicated family man—to join my colleagues in recognizing Sen- vens served in the Army Air Corps and his wife Catherine and his daughter ator TED STEVENS upon this milestone flew support missions over the Lily, and his children from his first of his serving longer in this body than Himalayas to General Stillwell and our marriage to Ann Stevens. TED STEVENS any other Republican Senator. This is forces in the China/Burma theater. is a Senator who lives every day to the a significant moment and our former Since 1980, Senator Stevens has fullest. He is tireless. President pro tempore of the Senate served as either chairman or ranking So Mr. President, it is very appro- has set an impressive, historic accom- member of the Senate’s Department of priate that the Senate convene here plishment. Defense Appropriations Subcommittee. today to recognize and congratulate I think this is most significant not The aircraft, the ships, the missiles, our Republican President pro tempore, because we are recognizing TED STE- the tanks and combat vehicles, and the the vice chairman of the Commerce VENS for his length of service in this weapons systems that are manned by Committee and the former chairman of body, but rather because we are recog- our dedicated men and women in the the Senate Appropriations Committee. nizing what TED STEVENS has accom- U.S. Armed Forces have been devel- We are here today to recognize the plished in this institution as a U.S. oped, procured and supported under length of his service and the accom- Senator. There are few individuals who TED STEVENS’s steady and pragmatic plishments of his Senate service. can equal his service and accomplish- leadership. The training, pay and sup- Mr. HATCH. Mr. President, I rise ments as a true leader. port of our personnel have been carried today to pay tribute to my friend and As Alaska’s Senior Senator, his out by programs that he championed colleague, Senator TED STEVENS of steadfast and tenacious advocacy of his and shepherded through the Congress. Alaska. Today, Senator STEVENS has State and constituents is widely The ‘‘operating tempos’’ and readiness the distinct honor of becoming the known. His career transcends Alaska’s levels are items of personal interest for longest serving Republican Senator in transition from a frontier and U.S. ter- him. He is a champion of research and this Chamber. ritory to an important and vibrant development to ensure our Nation’s I know of no greater patriot and State. lover of freedom than TED STEVENS. After earning his law degree at Har- leadership is not diminished, and that America remains prepared to take on Whether flying his C–47 with the Fly- vard University, TED STEVENS moved ing Tigers in World War II, or serving to the heart of Alaska, the Chena River threats to its national security. As an appropriator, TED STEVENS has in the Alaska House of Representa- and Fairbanks, where he became a often focused on the business of na- tives, Senator STEVENS’ life is a model prosecutor and a U.S. attorney in the tional defense. Like others, he has been early 1950s. of heroism and personal integrity. TED’s tenure in the Senate has been TED quickly became a leader in the a champion of the ‘‘top line’’ for the statehood movement and in 1956 he Defense Budget, seeking to ensure that equally impressive. He chaired the Sen- served his first assignment in Wash- national security is remains a priority ate Appropriations Committee for 6 ington as the Department of Interior’s and receives appropriate funding. He years, the Commerce, Science, and legislative counsel and later Solicitor has also dedicated long hours to ensur- Transportation Committee for 2 years, General. He later returned to Alaska ing that funds are not wasted and that and served as the Senate President pro and was elected to the Alaska House of priorities are addressed. tempore for 4 years. In each and every Representatives where he became the Finally, TED STEVENS should be rec- one of these high offices, TED served majority leader and speaker pro tem- ognized for his work as a legislator in with dignity and distinction. pore. In 1968 he was appointed to fill this body. TED STEVENS has authored As one who has had a stewardship Senator Bartlett’s seat in the U.S. Sen- and championed legislation far too nu- over our Nation’s military for many ate. He was elected to retain that seat merous to list. He has left his mark on years, there is no greater friend to our in 1970 and has been a part of this insti- so many laws, policies and programs men and women in the military than tution ever since. that benefit Americans across this Na- Senator STEVENS. No one in Congress TED is a forceful and dedicated advo- tion. For example, TED STEVENS has has done more to make our Nation’s cate for the people of Alaska. He has played a leadership role in our national military the great institution it is brought about significant economic de- space programs, and it was his personal today. We all rely heavily on TED’s ex- velopment, be it clearing the way for effort that allowed NASA to recover pertise on so many defense-related North Slope petroleum development from the Challenger disaster in 1986. He matters, as I believe many in this body and the construction of the Alaska helped create the National Oceanic and and throughout the Federal Govern- pipeline, the upcoming natural gas Atmospheric Administration and has ment do. He is the Senate’s greatest pipeline, countless small airports and been the sponsor or cosponsor of count- asset with regard to the needs of the aviation improvements, or overall less significant pieces of environmental military, and his knowledge about de- basic infrastructure. He has been a te- legislation. He has championed remote fense issues has proven invaluable nacious advocate for the Alaskan fish- sensing satellites that protect our Na- every time this Nation has faced a cri- ing industry, including creation of the tion from severe weather and is the au- sis in the last four decades. Exclusive Economic Zone to allow the thor and foremost supporter of our Na- Although TED is not the tallest man sustainable harvest of the largest and tion’s ocean exploration program. in the Senate, my colleagues and I all most valuable fishery in the United TED STEVENS has also left his mark look up to the senior Senator from States. It is not by chance that the on every piece of telecommunications Alaska. When he comes to work in his basic law governing fisheries in this legislation over the past 20 years. He Incredible Hulk tie, you know he Nation is called the Magnuson-Stevens has put forward legislation that pro- means business and is ready to do Act. vides for our airports and air transpor- whatever it takes to ensure legislation Like most Alaskans, TED is a true tation systems, and terrorism counter- which improves the lives of Americans sportsman with a rich appreciation for measures. He is a strong advocate for gets safely sheparded through the Sen- the unique and special environmental the Coast Guard and has overseen fleet, ate. resources of his State. Men and women aircraft, and system modernization It has been my privilege to know and fishing on the Kenai River or trolling during the 1980s and 1990s. work with TED for many years here in off Cape Chacon or other waters need TED STEVENS has been a leader on the Senate, and even though he has just look next to them, through sun- issues as diverse as reform of U.S. civil been described by some as gruff and shine or inclement weather, to see the service retirement programs, to the grouchy, I have always found him to be Senior Senator from Alaska fishing for rules governing the operation of the very helpful and patient. Take for ex- kings, or reds or silvers or halibut. U.S. Senate. So often it is Senator STE- ample a few months ago when I was

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We that has already been mentioned with midmorning where I was sitting in DC, sort of run a separate adjunct of the one of America’s great people, Senator it was quite early in the morning in Senate, and that is a law school on the DAN INOUYE. DAN INOUYE, of course, is Alaska where a groggy TED STEVENS side, I think. a Medal of Honor winner. A gentleman courteously took my call, helped me I do believe I have had the honor of describes who he is. But the relation- with the information I needed, and—I serving with many great people. I ship between Senator INOUYE and Sen- hope—promptly went back to bed to served with the people who were here ator STEVENS, when the history books finish his night’s sleep. TED has shown when I came here—Senator Baker, Sen- are written, will be legendary. They similar types of courtesy and kindness ator Mansfield, Senator Scott, Senator are friends, a Republican and a Demo- to several Members of this body and he Magnuson, Senator Dole, Senator crat, who are like a couple of brothers. has always proven able to balance the Jackson, Senator Cook, Senator Bible, They have traveled the world over delicate, yet competing, needs to main- Senator Bell, Senator Hollings—there many times, and the relationship is tain good friendships and still move are so many. something we should all recognize as the work of the country forward even I remember the time when Senator being possible in this Chamber. People when all sides are not in agreement. McClellan, who was chairman of the of different parties from different parts TED’s wisdom and his character have Appropriations Committee, took the of our United States can become served as an example to everyone he whole committee up to Alaska because friends. Party affiliation is secondary meets, and I am grateful for the oppor- he was tired of asking me why I was to their relationship. tunity I have had to serve the people of seeking so much money. He decided to For me, the example they have set the United States alongside my dear, take the whole committee up there. We has paved the way for the relationship dear friend, Senator TED STEVENS. traveled through the State for 2 weeks. Senator ENSIGN and I have. We are So, from one old bull to another old That doesn’t happen now. from the same State, with totally dif- bull, I would like to thank my good I am surrounded by friends here on ferent political philosophies, but our friend TED for his friendship and lead- both sides of the aisle, and I am still friendship is, in our own minds, com- ership. Also, I would like to thank his very honored to be here. parable to that of Senator STEVENS and wife Catherine for her selflessness and Let me close by saying I really think Senator INOUYE. Thank you very much, willingness to share her husband. The I am here because of the mentors I had I say to Senator STEVENS and Senator hours kept by a hard-working Senator in Alaska. Two publishers—Bill INOUYE, for the example you have set are long and can be very demanding on Snedden, publisher of the Fairbanks for us. families, but Catherine has been ex- Daily News-Miner, and Bob Atwood, I also want to relate to everyone tremely patient and our Nation is publisher of the Anchorage Times— something that is remarkable to me. I grateful. urged me to come to Washington to was serving in the House of Represent- The PRESIDING OFFICER. The Sen- participate in the Eisenhower adminis- atives when Senator Alan Bible died. ator from Alaska is recognized. tration during our fight for statehood. Senator Bible served in the Senate for Mr. STEVENS. Mr. President, I am I was lucky enough to tie into former 20 years. He was a great public servant embarrassed but very grateful to my Senator Fred Seaton who was Sec- from the State of Nevada and a dig- friends, our leader, Mr. MCCONNELL, retary of the Interior. I worked with nified Senator who, because of illness, and my great friend and brother, DAN him for a period of almost 4 years and left the Senate after 20 years. INOUYE. DAN and I have been here a left Washington as the Solicitor of the When he died, there was a plane long time. Actually, he came to the Department of the Interior, his reward available to take anyone who wanted Senate before I got here. I was down- to me for our working together. to go to the State of Nevada to his fu- town with the Eisenhower administra- I was also honored to follow a good neral. I went, and the only other Mem- tion when he arrived in the Depart- friend, a friend I got to know during ber of Congress who traveled to Nevada ment of the Interior. I went home after the territorial days as we fought for was TED STEVENS. It was a long way to that Presidency ended to Alaska and statehood, and that was Bob Bartlett. Reno, NV, where Senator Bible was never expected to come back. But I did, He was my predecessor. He was, during buried, but TED STEVENS went. Why did and I am grateful for the outline of my the time we were fighting for state- he go? Because on a very important service that our Republican leader has hood, the delegate from the Territory vote to Senator STEVENS that made the presented in the Senate. of Alaska as a Democrat. difference between Senator STEVENS I can only say two or three things. I think our relationship was almost carrying the day or losing the day, One is that I would not be here now if as close as the relationship I have with Senator Bible stepped forward, as Sen- it wasn’t for a real understanding fam- Senator INOUYE. He was a fine man, a ator STEVENS said, courageously and ily. My first wife was, and my current great and distinguished public servant voted with this Republican Senator. wife, Katherine, has been supportive for Alaska. I am honored to hold what Think about that: Senator Bible was beyond anyone’s understanding. It is a Alaskans call the Bartlett seat. long gone, hadn’t been in the Senate long way to go home. I remember one I thank my colleagues again for the for many years. He died. But Senator year I flew home 35 times—one day up courtesy all have shown me. I passed a STEVENS remembered Senator Bible and one day back, almost. But I have milestone only because Strom made doing something that he thought was been away from my family a great the mistake of being a Democrat for beyond the call of his democratic duty. deal. I have 6 children and 11 grand- two terms. I am honored to have this And so Senator STEVENS and I took children and they have understood my recognition today. this lonely flight to Reno, NV, to at- commitment to the Senate. I do be- (Applause, Senators rising.) tend the funeral of my friend and Sen- lieve that it would be impossible to be The PRESIDING OFFICER (Mr. ator STEVENS’ friend, Senator Bible. here without that type of support. BROWN). The majority leader is recog- That speaks volumes about the kind of I also have been privileged and ask nized. person Senator STEVENS is. that after my remarks, I be permitted Mr. REID. Mr. President, when I One of the highlights of my congres- later to have printed in the RECORD a came to Washington, Senator INOUYE— sional service has been the ability to list of the dedicated young Alaskans I am sorry, Senator STEVENS. They are travel all over the world. It is part of who have come down and worked with like brothers, and it is easy to get our obligation as Members of Congress me in various positions; also, those them mixed up—Senator STEVENS had to go see what American interests are who have worked with me at home. I already been here 12 or 13 years. He has doing around the world. On one of have had a series of distinguished a distinguished service: 38 years in this those trips, I signed up to go as a

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.045 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4411 young Senator and was led by the great his schooling through UCLA, through my first political mentor here. Wheth- John Glenn and TED STEVENS. It was a Harvard. Coming back to the State of er that means your staff will go on to memorable trip. I can remember—the Alaska is where we all kind of pick up succeed both you and me, who knows, Iron Curtain was down—leaving Aus- with the history that is now legendary but I look to what you have provided tria and going into Czechoslovakia. and is seen in so many places. me as I have joined the family of the They stopped the train. In came the Someone mentioned the Ted Stevens Senate here. I could not have asked for KGB and other Iron Curtain soldiers. International Airport. We look around a better mentor, a better colleague to They looked under the train, in the to so many of the monuments in the work side by side with as we move for- train, and looked at all of us. We went State, whether it is the Trans-Alaska ward to advance the interests of the into Prague, and in a little diner, bar, Pipeline that has been delivering oil to State of Alaska. that evening, a man came in wearing a the lower 48 for the past 25-some-odd I know I will have you to work to- flight jacket, a World War II flight years—we look at those and we think: gether with for years to come, and I jacket. Of course, Senator Glenn and TED STEVENS. join my colleagues again in acknowl- Senator STEVENS had worn those flight I don’t know how many of you are edging you on this truly historic occa- jackets representing the United States aware of the history of our State as it sion. I think it is fair to say, as an as they flew airplanes: one a marine, relates to our lands and knowing and Alaskan, I feel personally blessed to one a member of the Army Air Corps. understanding that it was Ted Stevens have you and your leadership for our The conversation that night with who moved these forward, whether it State and our Nation, and for that I that man, who probably was a KGB was ANILCA, our land conservation thank you very much. plant, as we talked later, developed act, the Native Claims Settlement Act, (Applause, Senators rising.) into a great conversation. We were able the effort to build the Trans-Alaska Mr. STEVENS. Mr. President, I ask to be regaled with conversations about Pipeline, the Magnuson-Stevens Fish- unanimous consent that the list of Senator Glenn in World War II and eries Act, the Denali Commission— family and Senate staff to which I pre- Senator STEVENS in World War II fly- these are living legends, if you will, viously referred, be printed in the ing airplanes for America’s interests through legislation that came about RECORD. around the world. I always will remem- through the dedication, through the There being no objection, the mate- ber that. persistence, through the urging of Sen- rial was ordered to be printed in the Finally, I say to Senator STEVENS, at ator STEVENS. RECORD, as follows: this desk right here, you watched me We all want to believe, certainly, manage a few bills. We were able to fin- that we work on behalf of the people FAMILY ish an appropriations bill. You thought we represent, but as we look to these My wife, Catherine Ann Stevens, my de- I helped a lot. So you gave me the dis- legislative victories, these legislative ceased wife, Ann Cherrington Stevens, who left us due to our 1978 accident. We have six successes that Senator STEVENS has tinct honor of giving me one of your children, Susan, Beth, Walter, Ted, Ben, and Hulk ties, which I still have. put in place over the years, I believe Lily; and our eleven grandchildren, Susan, (Laughter.) that truly demonstrates his commit- Ben, Augustus, Theodore II (Ben and Eliza- We laugh and joke about that, but it ment to the people of Alaska. When we beth Stevens family), Sally Masako (Ted and meant a lot to me that Senator STE- think about providing the Native peo- Junko Stevens family), Ann, Rachel and VENS thought enough of me to give me ples with title to their lands, when we Elizabeth (Walter and Debbie Stevens fam- one of his ties. think about the educational challenges ily), Laura Beth, John Peter, and Sara Ann So I say to Senator STEVENS, at this that face us in this enormous State (Susan and David Covich family). important occasion for you, of course, with geographic and rural challenges and our country, recognizing you, your that we can only imagine, when we SENATE STAFF service in this body, the longest serv- think about how we provide health CHIEFS OF STAFF ing Republican in the history of the care in a State such as Alaska, all we Ron Birch; George Nethercutt; Tim Republic, I extend to you my apprecia- need to do is look to the initiatives McKeever; Rebecca Cox; Bill Phillips; Greg tion and my friendship. that have been put in place. Chapados; Lisa Sutherland; Mitch Rose; (Applause, Senators rising.) Carol White; Dave Russell; George Lowe. Senator STEVENS has always—al- The PRESIDING OFFICER. The Re- ways—kept Alaska first and has been FORMER STAFF IN THE WHIP OFFICE publican leader is recognized. Susan Alvarado—one of the first profes- Mr. MCCONNELL. Mr. President, the very selfless in his efforts to put his sional female staff assistants to leadership. junior Senator from Alaska is on her State, to put the people of Alaska first. We lovingly call him throughout the Larry Burton—whip office. feet. I wanted to make sure you saw DeLynn Henry—long term scheduler. her. She will be seeking recognition. State ‘‘Uncle Ted.’’ The PRESIDING OFFICER. The jun- And you chuckle, but I think it is STAFF DIRECTORS ior Senator from Alaska is recognized. fair to say. They might not say it to Appropriations—Steve Cortese, Jim Ms. MURKOWSKI. Mr. President, it your face, TED, but behind your back Morhard; Commerce—Lisa Sutherland, gives me enormous pride to pay tribute they are always calling you Uncle TED, Christine Kurth; Government Affairs— to our senior Senator, to my senior because I hear it. They love it. The Wayne Schley, Al McDermott; Rules—Al McDermott; Ethics—Bill Canfield; Whip—Re- Senator, Mr. STEVENS, and to listen to people of Alaska love it when you put on your Super Hero tie, when you wear becca Cox; President Pro Tempore Office— the comments, to listen to the stories Jennifer Lowe; President Pro Tempore from so many of you as colleagues and the Hulk tie, because that is your sig- Emeritus Office—George Lowe. nal that you mean business on behalf friends. ALASKA STAFF For so many years—I think my whole of the people of the State of Alaska. life—I have grown up hearing the sto- You know, talk about people who Barb Andrews Mee; Marie Nash; Edie Opinsky; Jim Egan; Gloria McCutcheon; ries about Senator STEVENS, and to un- have minds as sharp as a tack, TED will come up to me and we will be talking Ruth Burnett; Mike Dalton; Diane Hutch- derstand how today—tomorrow, actu- inson; Connie McKenzie. ally—he makes history as the longest about something and he will say, You serving Republican Senator. remember back in 1973 when so-and-so CURRENT AND FORMER STEVENS’ PERSONAL What you all need to appreciate is said something to so-and-so? And I am OFFICE STAFFERS FROM 1969 TO APRIL 12, that so much of the history of TED STE- thinking, I was still in high school 2007 (*CURRENT STAFF MEMBER) VENS is also the history of the State of back then; no, I don’t remember that. A But he has such a grasp of the history Alaska. They are inextricably tied, and Albrittain, Nancy A.; Alexander, David M.; we know that. So to be able to share and the facts. I appreciated his com- Allen, Dorothy M.; Alowa, Allen D.; Alva- that with his friends and colleagues for ment that he doesn’t reminisce, but he rado, Susan E.; Alvord, Melanie A.; Andrews, so many years is so important. is not going to let go of the factual Barbara A. (now Andrews-Mee); Andrews, I truly appreciate the words of the background that has gotten us to Christina; Angerman, Lillie; Arai, T. Juli- Republican leader outlining the his- where we are today. ette; Aravosis, John G.; Arness, Peggy M.; tory, the very storied military career Senator STEVENS mentioned those Arnold, Susan L.; *Arthur, Will. that Senator STEVENS had, under- who have worked for him, and he and I B standing how he went on to be the U.S. have a unique relationship in that I Bahmer, Barbara A.; Bahmer, Gale O.; Bai- attorney for the territory at the time, was an intern for him. I credit him as ley, Helen S.; Baker, Bridget L.;

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.016 S12APPT1 mstockstill on PROD1PC66 with SENATE S4412 CONGRESSIONAL RECORD — SENATE April 12, 2007 Baker, Elizabeth Anna-Marie; Baker, Laurie; O.; Groseclose, Robert B.; Gruenberg, Max Opinsky, Edith M.; Osborne, Jason M.; Ballash, Heather L.; Banks, Gary S.; F., Jr.; Gustufson, Carol. Otierney, Daniel P.; Oursler, Susan J.; Barbagallo, Nelly E.; Barnes, Mark; H Owletuck, George N. Bartosik, Curtis J.; Bass, Sandra R.; Bates, Haggart, Richard G.; Halcomb, Patricia M.; P Gwendolyn J.; Behm, Yvonne D.; Beighle, Henry, Diana L. (now Diana H. West / then *Palmer, Suzanne; Parker, Carole A.; Par- Jon J.; Belcher, Janet B.; Belon, Valerie L.; Diana H. Barnhart); Hall, Lisa C.; Halvarson, sons, James; Patton, Penny E.; Paxton, Mat- *Bennett, Doris C.; Bennett, Patricia A.; Janet M.; Hansen, Paul G.; Hanson, Ingrid C.; thew; Pence, Randall G.; Perdue, Karen R.; Bergstrom, Minta C.; Bertoson, Todd; Harrison, Ardine; Haugen, Leif; Hayes, Perles, Steven R.; Peterson, Darwin; Peyton, *Bertrand, Joel; Binns, Mahalia J.; Birch, James; Hayes, Lindsay; Hays, Dorothy A.; Leonard James; Phillips, William D.; Pierce, Ronald G.; Blackwell, Michelle; Blanchard, Hefke, Nancy L.; Hegg, Ruth E.; Hegyi, Rosemary D.; Pignalberi, Marco A.; Pillifant, Virginia; Boatman, Robert W.; Bolton, Jerry Karen R.; Henry, Diana; *Henry, Martha Thomas H.; Pinnolis, Barry R.; Plunk, Karen K.; Bookout, Cynthia R.; Bombeck, Tui; DeLynn; Henthorn, Deborah T.; Herman, S.; Powers, Penny S.; Pugh, Kristen; Pusich, Boone, Courtney; Bourassa, Phillippe H.; Margaret G.; Hess, Carol (Logan); Hess, Kelly Shannon M. Boyer, Robert L.; Brandman, Sonja; Brandt- A.; Hett, Susan Elaine; Hickling, Elizabeth Q Erichsen, Svend A.; Braniff, Mimi; Brewer, M.; Highbaugh, Rita K.; Hill, Cynthia L.; Quam, Dana C.; Quinlan, Clarissa M.; Martha J.; Bridenbaugh, Kathleen A.; Briggs, Hilscher, Hilary J.; Hinkley, Jeanette (Nich- Quisenberry, Jack B.; Quist, Linda A. Michael G.; Britt, Gloria; Britt, Sharon M.; ols); Hobbs, Mary Jo; Hodson, Lona M.; R Brown, Benjamin E.; Brown, Charlie L.; Hogan, John J.; Hozey, John; *Hughes, Brown, Lauren E.; Brown, Sylvia H.; Bryant, *Raabe, Aprille; Radakovich, Keith K.; Brian; Hultberg, Rebecca L.; Hutchison, Raffeto, John C.; Randall, William T.; Range, Julie; Bullock, George D.; Bundy, Elliot; Diane. Burnett, John S.; Burnett, Ruth E.; Burnett, Kimberly D.; Rawson, Debra; Raymond, Pa- tricia A.; Reeve, Mary; Reeves, Katharine E.; Suzanne; Burnett, Wally; Burton, Larry D.; I Rice, Eugenie A.; Richard, Ryan R.; Rich- Butzlaff, Nathan B. Iani, Frances S.; Irrigoo, Connie; Ivko, Terri L. ards, Bonnie E.; Richardson, Linda L.; Rich- C mond, Kristen K.; Rickett, Robert R.; J Cabaniss, Virginia Dale; Call, Kay L.; Rideout, Anita; Rigos, Chris J.; Robbins, *Campbell, Nikki; Carlisle, Margo D.B.; Carl- Jaehning, Leslie; Jeffress, R.D.; Jennings, Jane A.; *Robbins, Mark; Roberts, Laury; son, Thomas L.; Castillo, Florence A.; Malin T.; Jessup, Carolyn R,; Johansen, Gary Rogers Candice; Rogozinski, Janet L.; Roots, Causey, Janel (Anderson); Chaffins, Kath- L.; Johnsen, Krag A.; Johnson, Louise L.; John; Rose, Mitchell F.; Rosenquist, Jane S.; erine E.; Chapados, Greg; Chapek, Rebekah Johnson, Myrtle F.; Johnson, Rhonda; John- Rosenquist, Matthew; Rosenwald, Cynthia A.; Christian, Diana F.; Christie, Monica A.; son, Robert W.; Johnston, Martha R.; Jolly, M.; Rubinstein, Pamela A.; Ruff, Richard; Chomski, Kathleen (Brown); Ciccone, Chris- Claire Anne; Jones, G. Kevin. Rugg, William J.; Rushton, A. Lyell, III; tine M.; Cipra, Fredesvinda K.; Clancy, K Russell, David C. Lynda E.; Clark, Jane B.; Clements, Barbara; Kaplan, Gregory D.; Katongan, Adeline R.; S Clements, Charles; Cole, Brent; Collins, Wil- Katz, John W.; Keller, Kristen L.; Kelly, Er- Sandahl, Virginia; *Saunders, Aaron; liam L., III; Colver, Jane D.; Comstock, Earl nest B., III; Kemppel, Denali A.; Kerezy, Schabacker, Chris; Schaefermeyer, Darryl J.; W.; *Connell, Elizabeth J.; Covington, G. John D.; *Kerley, Patrick J.; Kerttula, Anna Schafer, Jennifer A.; Schemmel, Cheryl A.; Dianne; Constantine, Janet A.; Cook, Caro- M.; Kidd, Margaret L.; King, Sara L.; Schley, Wayne A.; Schneider, Mark; Schroer, line W.; Cook, Cora J.; Corbin, Lelani; Kirchoff, Scharine; Kloster, Kendra; Jo Anne W.; Schultheis, Bruce E.; Schwartz, Corthell, Lisa L.; Costello, Earle E.; Cov- Konigsberg, Charles S.; Kozie, Michelle; Judith A.; Scott, Shirley A.; Seekins, Kerri ington, G. Dianne; Cowen, James S.; Cowen, Kron, Stephanie A.; Kurth, Christine. L.; Seelbaugh, Patricia A.; Shaftel, Douglas; Joseph D.; Cox, Rebecca (Gernhardt); L Sharp, Amy R.; Shaver, Victoria L.; Shaw, Craddick, Elaine L.; Craddick, Jan O.; Douglas B.; Shepherd, Leslie C.; Sherbert, Lack, Jonathon H.; Ladd, Priscilla D.; Crawford, James M.; Crews, Darcy L.; Eva M.; Shore, Mary E.; Shoup, Sharon; Sil- Lahmeyer, Lillian A.; Lahmeyer, Michelle Crittenden, Benjamin R.; Crittenden, Evelyn ver, Steven W.; Simpson, Maryann; Slick, E.; Landry, Jeffrey; Lang, Cheri A.; Lang, M.; Crittenden, Harriet C.; Crosley, Margy Sherrie A.; Slovikosky, Beverly A.; Smith, Deborah S.; Langton, Michal; Lappi, Karen M.; Crossman, Sally J.; Crow, Michelle (now Robert B.; *Sorensen, Ray; Southall, A. D.; Larson, Dean M.; Larson, Michelle R.; Maher); Cullen, Ann P. Doris; Spaan, Michael R.; Sparck, Amy; *Laudenberger, Theresa A.; Layton, Mark; D Sparck, Michelle; Spencer, Mark E.; Spils, Lawrie, Heather A.; *Leathard, Scott; Lee, Carol A.; *Spinelli, Lindsey; Springer, Mark Dalton, Kathleen F.; Dames, Edna M.; Claire K.P.; Leonard, Lindsay; Lewis, Irene A.; St. Sauver, Beverly K.; Staser, Jeffrey B.; Dames, John C.; Daniels, Lorna; Darnell, Jo- C.; Lock, Kathleen M.; Loewen, Reuben M.; Stealey, Katherine; Stealey, Mary L.; seph; Davidge, Ric; *Davis, Mark; Dearring, Logan, Douglas M.; Longnecker, Barbara A.; Stenehjem, Connie M.; Stengl, Susan P.; Barbara G.; *Demopoulos, Nicolia; Derr, Louis, Claudia J.; Lounsbury, Joel; *Lowe, Stepovich, Antonia M.; Stepovich, Laura M.; H.J.; Devore, Jon M.; Devore, Michelle (But- George H., IV; Lowe, Jennifer (Mies); Lund, Stepovich, Melissa M.; Stevens, Elizabeth ler); Dewhirst, Mary K.; Dickey, H. Gen; Thomas R.; Lundquist, Andrew. (Engelken); Steverson, Judith (Garnett); Dietz, Suzanne; Dinneen, Mark K.; Dittman, M Stiefel, Justin; Stokes, Robert C., III; Stone, David; Dittman, Terry; Dixon, Karen G.; Macauly, Margie M.; Maculay, Gail C.; Michelle A.; Stone, Sandra; Sullivan, H. Donahue, Helen S.; Doogan, Laura; Dow, Magnusson, Lori M.; Mai, Audra M.; Paul, Jr.; Sumpter, Gerri; Sunne, Anne C.; Wendi; Drager, Philip J.; Droege, Phillip; *Maitlen, Brandon; Maloney, Wayne; Martin, Sutherland, Lisa; Sutherland, Scott A.; Dunbar, Henry T. Bernadette V.; Martin, Guy R.; Mason, Pais- Swan, Lulu; Sykes, Gwendolyn; E ley; Matsuno-Nash, Marie; May, Terence; T *Eames, Seth; Egan, James B.; Eklund, McAlpin, Jay A.; McCabe, John T.; McClees, Taft, Margo L.; Tanner, Patrick; Terlesky, Nancy A.; Elerding, Mary Jane; Elliott, Nor- Charles J., Jr.; McCuthheon, Gloria; Juanita S.; Tess, Terry L.; Todd, James M.; man H., IV; Elwell, Dan; *Engibous, Robyn; McGuire, Lesil L.; McInerney, Anne E.; Todd, Karen G.; Tony, Paul D.; Trimble, Evans, Ernest H. McInturff, Janell A.; McKeever, Timothy A. Mary H.; Thompson, Pamela S.; Trump, Mar- F McKenzie, Connie; McLeod, Phillip W.; sha V.; Teeley, Sandra E.; Turner, Lewis N.; Farr, Meghan; Farrell, Alycia; Fate, Julie Menduno, F.M.; Messina, Gary S.; Tyser, Sue E. Y.; Faunce, Mary L.; Feind, Gena M.; Fer- *Michalski, Nathan; Miller, Alexis R.; Miller, U guson, John D.; Ferguson, Pamela G.; Terrence B.; Mock, Lisa C.; Moore, Elizabeth Utter, Brian. M.; Moran, Margaret A.; Moran, Michael P.; Fessenden, Lori Ann; Fink, Joshua; Fitch, V Morgheim, Jeffrey S. Motley, Allison H.; Karen M.; Flanders, Barbara; Flannigan, Mi- Vallet, Paul P.; Vaughn, Philip; chael J.; Fradley, Dennis C.; Franz, Joan L.; Motznik, Lavonne L.; Murdey, Phyllis M.; Murphy, Ann Marie; Murphy, Lynne F. (now Vanderjack, Andrew; Verble, Saga O.; Von Fraser, Robert C.; Frazier, Ernest M.; Gemmingen, Brett; Vrem, Lisa S. Freitag, Renee; Friehlke, Ann; Fromuth, Hill); *Musgrove, John; Musko, Tonja J.; W Peter J.; Fuller, Douglas S.; Fuller, Kim- Myers, Joanne. berly A. N * Wackowski, Steve; Wagoner, Norman B.; Wallace, John Foster; * Waller, Karina; Wea- Nelson, James B.; Nethercutt, George R., G ver, Karen; Weaver, Robert C., Jr.; Weddle, Jr.; Newman, Kathryn C.; Nichols, Steven; Gallagher, Hugh G.; Gayman, Carol Aaron; Wahto, Heidi A.; Weddle, Justin; Nicolet, Katherine L.; Niemi, Celia B.; (Steiner); German, Penelope S.; Gibson, Weidlein, Patricia M.; Weiss, Kelly S.; Web- Nikzad, Cheri A.; Norton, Katherine H.; Duane R.; Gilman, Bradley D.; Gilman, Lisa ster, Patricia S.; West, Jade C.; Wheeler, Nosek, Peter C. C.K.; Gilman, Margaret; Gimm, Viola M.; Ruth B.; White, Carol M.; Wilken, Alan W.; Glasmann, Michael J.; Godwin, Agnes C.; O Williams, Cynthia G.; * Williams, Kate N.; Goodman, Stuart A.; Gore, Mary; Grane, O’Hara, Kristina D.; O’Leary, Michael S.; Winn, Robert L.; Wold, Joanne; Wolek, Gail Kimberly; Grant, Ian; Graves, Roger K.; Odom, Jane H.; Odom, Milton W., III; Oliver, A.; Williams, Anne M.; Wonder, E. Paul; Wes- Gray, Louise A.; Green, Isaac A.; Greisen, Lori Ann; Olson, Lori A.; O’Keefe, Sean; ley, David H.; Wood, Sarah A.; Woodrow, David; Gregg, Samantha C.; Griffiths, Leslie O’Keefe, Shannon B.; Opinsky, Celine; Shirley A.; Woodworth, Glen E.

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.018 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4413 Y [Rollcall Vote No. 129 Leg.] ought to be right now, on the war in Yarmon, Joel; Yauney, James A. YEAS—94 Iraq, about which yesterday the Sen- Akaka Durbin Murkowski ator from Arizona gave a speech that I f Alexander Ensign Murray thought was divisive, a speech that was Allard Enzi Nelson (FL) more political than one that offered a Baucus Feingold Nelson (NE) solution, because the solution is not CONCLUSION OF MORNING Bayh Feinstein Obama more of the same. The solution is not BUSINESS Bennett Graham Pryor Bingaman Gregg Reed to characterize the war as it has been The PRESIDING OFFICER. Morning Bond Hagel Reid characterized over the course of the Boxer Harkin Roberts 1 business is now closed. Brown Hatch last 4 ⁄2 years, as a do-or-die fight Rockefeller Brownback Hutchison against al-Qaida over there or it is Bunning Inhofe Salazar going to be over here. This is the most f Sanders Burr Inouye amazing scare tactic we have seen em- Byrd Isakson Schumer INTELLIGENCE AUTHORIZATION Cantwell Kennedy Sessions ployed over the last years. It avoids re- ACT FOR FISCAL YEAR 2007—MO- Cardin Kerry Shelby ality, and it draws the United States Carper Klobuchar Smith TION TO PROCEED deeper and deeper into a position of Casey Kohl Snowe loss of credibility and loss of leverage The PRESIDING OFFICER. Under Chambliss Landrieu Specter Clinton Lautenberg Stabenow in our ability to do what we need to do. the previous order, the Senate will re- Cochran Leahy Stevens I don’t know one person in the Sen- sume consideration of the motion to Coleman Levin Sununu ate who cheers for surrender or cheers proceed to S. 372, which the clerk will Collins Lieberman Tester for loss or for chaos in Iraq. To suggest Conrad Lincoln Thomas report. Corker Lott that is an insult to the Members of the Thune Senate. It is an insult to those of us The legislative clerk read as follows: Cornyn Lugar Vitter Craig Motion to proceed to S. 372, a bill to au- Martinez Voinovich who care as much about victory and as Crapo McCain Warner much about success and as much about thorize appropriations for fiscal year 2007 for DeMint McCaskill Webb the intelligence and intelligence-related ac- Dole McConnell the lives and support of our troops as tivities of the United States Government. Domenici Menendez Whitehouse anybody in public life today. The dev- Dorgan Mikulski Wyden CLOTURE MOTION astating attack in Baghdad yesterday, the lack of any real political progress The PRESIDING OFFICER. Under NAYS—3 as a result of the President’s esca- the previous order and pursuant to rule Coburn Grassley Kyl lation, and the incredible toll this is XXII, the Chair lays before the Senate NOT VOTING—3 taking on our Armed Forces deserves a the pending cloture motion, which the Biden Dodd Johnson real debate, not a polarized, divisive clerk will report. appeal to the lowest common denomi- The legislative clerk read as follows: The PRESIDING OFFICER. On this vote, the yeas are 94, the nays are 3. nator of fear in American politics. CLOTURE MOTION Three-fifths of the Senators duly cho- It also deserves a debate about what We, the undersigned Senators, in accord- sen and sworn having voted in the af- this administration could learn if it lis- ance with the provisions of rule XXII of the firmative, the motion is agreed to. tened to our generals. We are now more Standing Rules of the Senate, do hereby Who seeks recognition? The Senator than 4 years into the war in Iraq and, move to bring to a close debate on the mo- tragically, it is only now that the ad- tion to proceed to Calendar No. 20, S. 372, In- from Montana is recognized. Mr. BAUCUS. Mr. President, I sug- ministration suddenly realizes: Wow, telligence Authorization. maybe we ought to find one individual Harry Reid, Sherrod Brown, Claire gest the absence of a quorum. McCaskill, Jack Reed, Jon Tester, The PRESIDING OFFICER. The who can coordinate the war efforts be- Patty Murray, Jeff Bingaman, Amy clerk will call the roll. tween Afghanistan and Iraq and have Klobuchar, Blanche L. Lincoln, Evan The bill clerk proceeded to call the the authority to coordinate the mili- Bayh, Benjamin L. Cardin, Max Bau- roll. tary efforts and civilian efforts. But cus, Pat Leahy, Chuck Schumer, Byron Mr. KERRY. Mr. President, I ask they are doing it at a time where ap- L. Dorgan, Ken Salazar, Dick Durbin. unanimous consent that the order for parently no one wants the job, and no The PRESIDING OFFICER. By unan- the quorum call be rescinded. one wants the job in the most extraor- imous consent, the mandatory quorum The PRESIDING OFFICER (Mr. dinary way. It says a lot, when the President finally decides to appoint a call has been waived. TESTER). Without objection, it is so or- The question is, Is it the sense of the dered. war czar in order to get everybody on Senate that debate on the motion to Mr. KERRY. I ask unanimous con- the same page, that the situation in proceed to consideration of S. 372, a bill sent that I be permitted to proceed in Iraq is actually so bad and the adminis- to authorize appropriations for fiscal morning business and that I be fol- tration’s stubborn willingness to year 2007 for the intelligence and intel- lowed by the Senator from North Da- change course so persistent that they can’t, at least as of now, find anybody ligence-related activities of the United kota. to take the job. States Government, the Intelligence The PRESIDING OFFICER. Without I read yesterday’s articles on the Community Management Account, and objection, it is so ordered. the Central Intelligence Agency Re- front pages of our paper in Washington. Mr. KERRY. I also ask unanimous I was really stunned. This administra- tirement and Disability System, and consent that the time be charged to tion has approached three retired four- for other purposes, shall be brought to the postcloture time. star generals about taking on this a close? The PRESIDING OFFICER. Without task. Maybe Senator MCCAIN ought to The yeas and nays are mandatory objection, it is so ordered. stop and think about why those gen- under the rule. IRAQ erals resisted an appeal to their patri- The clerk will call the roll. Mr. KERRY. Mr. President, I rise to otism, to their sense of duty, to their The bill clerk called the roll. speak about the situation in Iraq, not- service to country after years of a ca- Mr. DURBIN. I announce that the withstanding that the headlines and reer in the U.S. military. What did Ma- Senator from Delaware (Mr. BIDEN), the television shows over the last days rine GEN Jack Sheehan say? He is not the Senator from Connecticut (Mr. have been consumed by discussions an opponent of this administration, nor DODD), and the Senator from South Da- about what happened with the Duke la- is Army GEN Jack Keane, nor retired kota (Mr. JOHNSON) are necessarily ab- crosse team and comments made by Air Force GEN Joseph Ralston. All sent. Don Imus and other things. three declined. None of them are oppo- The PRESIDING OFFICER. Are there Yesterday, I attended another fu- nents of this administration. In fact, any other Senators in the Chamber de- neral for a young soldier, a sergeant in they all have established ties with this siring to vote? the U.S. Army, 10th Mountain Division, administration. Why would our top The yeas and nays resulted—yeas 94, Chris Wilson, at Arlington. That is military commanders decline such a nays 3, as follows: where the real focus of our country high-level position?

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.021 S12APPT1 mstockstill on PROD1PC66 with SENATE S4414 CONGRESSIONAL RECORD — SENATE April 12, 2007 General Sheehan, a 35-year marine what replaced Secretary Rumsfeld, not will reengage. That is precisely what who once served as the top NATO com- the advice of the men and women who has happened. The overall casualty mander, summed it up pretty well in had seen him nearly break the military rate in Iraq has remained essentially what I thought was an extraordinary they had served for decades. That was the same. statement. the administration’s choice. But it Just today we learned of a dev- He said: didn’t stop there. Ask General Casey or astating suicide bombing in the Iraqi The very fundamental issue is they [the General Abizaid, who warned that more administration] don’t know where the hell U.S. troops would not solve Iraq’s secu- Parliament, right in the heart of the they’re going. rity problem and could actually slow heavily fortified Green Zone. Ten peo- That is a 35-year retired Marine gen- the process of getting Iraqi security ple died, including two Iraqi law- eral: forces to assume more responsibility. makers, along with any sense of per- . . . they don’t know where the hell they’re The Joint Chiefs of Staff, who unani- sonal security in what is supposed to going. mously opposed this escalation—what be the safest part of Baghdad. It is a Then he said: happened to listening to the Joint strange definition of the progress we So rather than go over there, develop an Chiefs of Staff and their recommenda- have been hearing about. How are more ulcer and eventually leave, I said no thanks. tion? General Abizaid was replaced. American troops going to stop a single It is pretty incredible that three re- General Casey was reassigned. The fanatic with explosives strapped to his tired four-star generals, whose careers, Joint Chiefs were overruled. Yesterday, or her chest? whose service to the Nation, whose un- we learned that the Pentagon is going One thing we do know is American derstanding of the military is a life- to stretch our overextended military troops are paying the ultimate price time of experience, all said no to the even further by extending combat for this escalation. In the first 7 weeks, Commander in Chief. tours and reducing the time between the number of U.S. troops who died in The President insists he listens to rotations to provide the additional Baghdad doubled. On Monday alone, we the generals, not the politicians. He troops necessary for the President’s ought to heed his own advice and end misguided escalation. What do our learned of two more soldiers from Mas- the disgraceful record of ignoring the military leaders have to say about sachusetts who died in Iraq, CAPT An- very military administration he pro- that? Robert Scales, a retired Army thony Palermo, age 26, of Boston, MA, fesses to believe in. Again and again two-star general, said that to sustain and SGT Adam P. Kennedy, 25, of Nor- this administration has turned its back this deployment while giving soldiers folk, MA. The administration says that on the best advice of the military. the training and the rest they need these men and women are giving their Each time they have done so at our would require twice as many Army and lives because the purpose of this esca- peril. Start with General Shinseki, who Marine Corps brigades as we have lation is to allow the Iraqis space to we all now agree was right when he today. Then he warned, this two-star make the political deals that we all said we needed a lot more troops and Army general, that the Army is about agree are the only hope for ending the was met with dismissal. As the former to be ‘‘broken.’’ civil war. But if the violence is going top operating officer at the Pentagon, We are hearing our own generals talk down in Baghdad, where is the political a different Marine lieutenant general to us again about what is happening to progress? We keep hearing that the put it: our military that is overstretched and Iraqis are getting closer to a deal on The commitment of our forces to this fight about to be broken. Those are not our sharing oil revenues. I think we have was done with a casualness and swagger that words; those are the words of military had the Secretary of State in front of are the special province of those who have personnel. Barry McCaffrey, retired the Foreign Relations Committee at never had to execute these missions—or bury Army four-star general, who recently least twice that I can think of in which the results. returned from another factfinding trip she has said: We are almost there, we Instead of listening to General to Iraq, tells us that combat equipment are nearing a deal. The last time was a Shinseki, the administration decided for both the Active and Reserve compo- month and a half ago, maybe 2 months to push him aside, give him the cold nents ‘‘is shot.’’ His conclusion was ago. Where is the deal? Every time, shoulder, and eventually retirement. simple: hopes for a final deal turn out to be an Last year, retired high-ranking mili- There is no argument of whether the U.S. tary leaders, many of whom played key illusion. Where is the rapidity of the Army is rapidly unravelling. Iraqi response to the political com- combat or planning roles in Afghani- At a time when mistake after mis- stan and Iraq, came forward and pub- promises that need to be made to re- take is being compounded by the very solve this? licly called for the resignation of De- civilian leadership that ignored expert fense Secretary Donald Rumsfeld. military advice in the invasion and oc- The de-Baathification law that is a Across the administration, the warn- cupation of Iraq, those who understand key part of the national reconciliation ings of those who wore the uniform of that the price for each mistake is being process was recently denounced by their country all their lives and who, paid by our troops must be heard. The Ayatollah Sistani and is nowhere near retired or not, did not resign their citi- message from the generals who were of- completion. The Iraqis are still at zenship in order to serve their country fered the war czar position has been square one when it comes to amending all were dismissed as acts of disloyalty crystal clear. If they really thought the Constitution and disarming the mi- or as threats to civilian control of the the administration had a strategy that litias. Still the President refuses to im- Armed Forces. Think about that. A re- could succeed in Iraq, why would they pose any meaningful consequences on tired military officer who isn’t wearing turn down the job? There is a very good the Iraqis for failure to meet these the uniform, earned their retirement, reason for their skepticism. This ad- benchmarks. speaks out about a war they were per- ministration simply refuses to accept Now, again, I listened to the speech sonally involved in helping to plan, the reality of how you change course or of the Senator from Arizona yesterday saying: We have to change course. even that you must fundamentally in which he talked about those who ad- They are somehow called unpatriotic change course in Iraq. vocate surrender and those who cheer and disloyal, and somehow that threat- We keep hearing that the escalation for the potential of loss. Again and ens the civilian control of the Armed is showing progress. While the level of again, our military leaders have said Forces. How does an ex-military officer Iraqi civilian casualties may have gone there is no military solution in Iraq. who has the right to speak out threat- down in Baghdad, it has gone up in General Abizaid said it. General Casey en civilian control of the Armed other parts of the country. Why? For said it. Most recently, General Forces? It is the scare tactic, the usual the obvious reason that they have the Petraeus—new on the job—reiterated approach of this administration—try to flexibility of choosing where they will throw out a big red herring, put the engage. Almost a certainty, some came there is no military solution. The straw man out there and debate the to the floor and predicted: Put more President has said it. The Secretary of straw man instead of debating the real troops into Baghdad, they will retreat State has said it. Donald Rumsfeld said strategy of the war. into the shadows, into other commu- it. In the end, it took an election. The nities. They will probe, they will find But where is the diplomatic effort American people spoke out. That is the weaknesses, and that is where they necessary within the whole Middle

VerDate Aug 31 2005 02:16 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.024 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4415 East, let alone in Iraq alone, to lever- not to put our troops in the middle of need to translate that concern into a age the kind of transformation that is a civil war and engage in the kind of regional security plan where there is a necessary to end the civil war? And struggle we are involved in today. greater level of assistance in order to how dare the Senator from Arizona Mr. President, another thought about force the kinds of compromises nec- only talk about the fundamentals of al- this issue. Again, there are those run- essary between the parties. Absent Qaida and how if we don’t fight them ning for President on the Republican that, this is just going to go on. over there we will fight them over side who I guess have found that the We owe it to our troops and to our here, when the fight is really one be- orthodoxy of their primaries requires country to have an honest debate and tween civil parties in Iraq? them to go out and suggest that Demo- to try to work together to find the way Yes, al-Qaida is in Iraq. We under- crats want something they do not forward in Iraq. I think the speech Sen- stand that. Yes, al-Qaida has the abil- want. So maybe we have not learned ator MCCAIN gave yesterday, in which ity to be able to bomb something and anything about the truth in American he said Democrats were cheering for create trouble as a consequence of politics. But the fact is, no Democrat defeat and surrender in Iraq, does a dis- that. But the real violence, the funda- whom I know of has suggested aban- service to the Senator from Arizona as mental divisions, the piece of this doning Iraq. No Democrat has sug- well as to the U.S. Senate. I think he which is extending the stalemate and gested inviting chaos—more than the knows better. And he knows full well the American presence at the same chaos that exists today. that no one here wants to see Iraq fall time is the unwillingness of the Shia In fact, we have what we believe is a apart. But we have a different plan for and Sunni and the politicians who are plan for success, and it does not leave how you prevent it. We have a different fighting for position and for the future Iraq without the presence of American plan for how you achieve success. spoils of Iraq itself—their unwilling- troops—I might add, to the chagrin of It seems to me that a plan that says ness to resolve those differences. some people in this country who think the President has the discretion to The longer the U.S. military stays it ought to. It leaves the President the leave troops that are necessary to com- there saying: We are here, we are going discretion to finish the training of plete the training is not, on its face, an to do this, we are going to go out and Iraqis. That is the principal thing we abandonment of Iraq. It is an alter- do the pacification, we will do the mili- ought to be there to do. And it leaves native way of achieving the leverage tary backup—as long as that security the President the ability to be able to necessary to be able to get the re- blanket is there, those politicians decide how many troops are necessary sponses we have not gotten over the know they can take as long as they to complete the task of training the last 4 years. want to come to any compromise. Iraqis. It also leaves the President the So, Mr. President, we disagree on the I have heard some of our own dip- discretion to decide what the President strategy, but we do not disagree on the lomats in the region express their con- needs in order to prosecute al-Qaida. It stakes. The Vice President hides be- cern about the open-endedness and ex- does not walk away from the battle hind similar rhetoric. He dares to press the lack of leverage over the against al-Qaida. It leaves those spe- claim that those who offer a new way Iraqis themselves that helps us bring a cial forces and special operations and forward are ‘‘undermining’’ our troops. resolution here. intelligence-gathering and other oper- Well, I have had enough of that rhet- The only way in which you can ations necessary to continue to pros- oric. I have had enough. And I think change the dynamic on the ground is ecute al-Qaida. Finally, it leaves the most of my colleagues have. when the administration accepts the President the discretion to be able to Undermining our troops? Let’s have simple reality that this Congress has leave such forces as are necessary to that debate, Mr. Vice President. This is now voted on, that the Iraqi politicians protect American facilities and per- a Vice President who helped send them have repeatedly shown they only re- sonnel. into combat without adequate protec- spond to a deadline, a deadline to Now, how much more discretion, at tion, without adequate numbers of transfer the authority. Remember this point in time, after 4-plus years of troops, without an adequate plan, with- that, back when Ambassador Bremer war, when they have made every deci- out the guarding of the ammo dumps, was there and we said: ‘‘We are going sion wrong, should we allow the Presi- without the kind of engagement dip- to change the provisional government. dent? People say: Don’t micromanage lomatically that helps them, without We are going to transfer authority to the war. Somebody has to manage this the humvees that were up-armored, Iraq,’’ and they said: ‘‘Oh, no, we’re not war because the folks who are in there, without the armor—that’s why parents ready. Don’t do this.’’? But we said: ‘‘It obviously, are not doing it effectively. in America are going out and buying is going to happen. It is going to hap- When you have your own generals com- the state-of-the-art armor for those pen on this date. Get ready.’’ And it ing back and telling you the troops troops. And this President and Vice did, and we did transfer the authority. still do not have the armor, they still President want to talk about under- The same thing for the two elections do not have the level of up-armored mining the troops? and the referendum. I remember them Humvees, they are still going out on Let’s have a debate with an adminis- saying: ‘‘We have to push this off. We patrols in ways that are, in many tration that sent them into battle in are not ready for the election. Can’t cases, provocatively dangerous and in- Iraq with serious injuries and other participate.’’ We said: ‘‘No. We’re going vite the kinds of injuries they are get- medical problems, including some to have this firm date. We’re going to ting, without the gain on the back end whose doctors said they were too in- have an election.’’ And guess what. We as a consequence of the risk they have jured to even wear their body armor. had the two elections. We had the ref- taken, I think that is unacceptable. You want to have a debate about un- erendum. We got the Constitution, Last month, Iraq’s neighbors and key dermining the troops? Then how about flawed as it is. But we pushed people to players from the international commu- failing to provide them with the proper understand this was not open-ended nity finally got together at a con- medical care when they come home and interminable. ference in Baghdad. Guess what. Noth- with broken bodies and minds, with a The fact is, I do not believe young ing tangible came out of the con- VA budget that is inadequate, with a Americans ought to be dying or ference. There is no sense of urgency hospital situation that does not follow maimed to provide a window of oppor- about the upcoming meeting in Egypt, up and honor the sacrifice they have tunity for Iraqi politicians to continue which is why a deadline is so essential. made? How about the extended tours in to procrastinate, to give them the The countries in the region need to Iraq, where people have given up their cover they need and want to be able to know this dynamic is going to change. jobs and their livelihoods because they manipulate and maneuver and position To the degree they are concerned are in the National Guard and they themselves for power. That is not what about Iran, to the degree they are con- have been called up repeatedly, and our troops went over there to do. If you cerned about their Sunni brothers—and they are the sole proprietor of a busi- go back and reread the resolution we they are; Saudi Arabians, Jordanians, ness? How about that? voted on here, it was to deal with Sad- Egyptians are predominantly Sunni, It seems to me Congress has done dam Hussein, it was to deal with the and they are deeply concerned about what the President and this adminis- weapons of mass destruction; it was the Sunni minority in Iraq. But they tration have stubbornly refused to do.

VerDate Aug 31 2005 01:07 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.026 S12APPT1 mstockstill on PROD1PC66 with SENATE S4416 CONGRESSIONAL RECORD — SENATE April 12, 2007 We have recognized the best way you ica. It is all gone. It is all outsourced. the whole list of companies. David support the troops is to change a failed Those workers all got fired. Pennsyl- Leonhart of the New York Times said policy. The best way you support the vania House Furniture. I could go that companies are wringing out what troops is to implement a strategy that through the long list. they see as inefficiencies. The ineffi- works for those troops. The best way We understand that even as compa- ciency of paying $11.50 an hour; God you support the troops is to guarantee nies outsource jobs to China in search forbid we should overpay people by we put in place a strategy that honors of 30-cents-an-hour labor, other compa- $11.50 an hour, plus give them a little their sacrifice and really leverages the nies that keep their jobs here have de- health insurance and retirement as real interests and real stakes of the cided to put downward pressure on part of their compensation. Well, when United States in the region. wages to be competitive, so we see the pensions and health insurance and I think we ought to honor the lives announcement of Circuit City. Three $11.50-an-hour salary is viewed as an in- lost, not with words and not with divi- thousand four hundred workers need to efficiency, there is something wrong in sive speeches, but we ought to honor be laid off because they are paid an av- this country. He also says this is a cor- them with lives saved. That starts by erage of $10 to $11 an hour; they are fir- porate safety net that is being taken putting aside the hollow rhetoric and ing workers making 50 cents above the away. There is no corporate safety net. the straw men that have undermined a average. They plan to replace them It is a basic American standard of liv- real debate for far too long and by sup- with new workers who will work for ing that workers have bargained for. porting an exit strategy that preserves substantially less, and they say they Let me ask the question whether this our core interests in Iraq, a strategy are going to save $110 million through applies to everybody. No, it doesn’t. It that negotiates a new security arrange- these firings and replacements. just applies to workers, the people who ment for the region; helps to leverage But Circuit City executives actually take a shower after work. It just ap- the kind of participation of other coun- seem to be doing a little better than plies to those people. Top executives— tries that have an interest in standing the workers. The employees are losing in 2006 there were 35 chief executives up to Iran; and regains our credibility their jobs, but the CEO gets $10 million who were fired for poor performance in the region, which has been tattered a year. The chairman gets $10 million, and, combined, they got $799 million with Abu Ghraib and Guantanamo, not the CEO gets $10 million, the executive payment as they went out the door. to mention the policies in Iraq them- VP gets $6 million. This is from a com- Pfizer’s chairman, he got $200 million selves. pany that lost money. I don’t know. when he bailed out of that company, Our own CIA has told us the current Maybe in some towns that seems to despite the fact the company had lost strategy is creating more terrorists, work. In my hometown, it wouldn’t more than $130 billion in value. Home that it is emboldening the radical work very long. Depot chairman, he got fired on the Islam extremists. What we are offering It seems to me we are becoming a so- very first day of 2007. He got $210 mil- is a strategy that we believe better ciety of disposable workers, run by lion as he went out the door. United speaks to America’s values, to Amer- those who don’t think workers make Health Group, he somehow ended up ica’s interests, and, most of all, to our much of a difference in this country. with $1.1 billion in stock options as he obligation to the troops. Circuit City said they will start hiring went out the door. I don’t quite under- I yield the floor. replacements immediately. Anybody stand all these things. The PRESIDING OFFICER. The Sen- can apply for the jobs except for the Jack Welch, a celebrated CEO, wrote ator from North Dakota. Circuit City workers who were fired. the book ‘‘Winning,’’ and after he re- AMERICAN WORKERS They have to wait 10 weeks, and then tired from General Electric, he got a Mr. DORGAN. Mr. President, there is they can reapply for the job at a lower package he was sufficiently embar- a poignant story about the days fol- salary. rassed about, once it was disclosed, lowing the death of Franklin Delano So let’s put some names to these that he decided to give some of it back. Roosevelt. As his body lie in state here 3,400 workers. I pulled some out of the His package included an $80,000-a- in the U.S. Capitol, long lines of people newspaper. month Central Park apartment during formed in order to file past the body of Bobby Young worked 20 years for Cir- his retirement, lifetime use of the com- the dead President. A journalist inter- cuit City. He got a letter from his boss pany jet, membership at an array of viewed a worker who was standing saying he was fired. It was addressed country clubs, maid service at multiple there, with his hat in his hand held in ‘‘To Whom It May Concern.’’ It is unbe- homes, limousines and prime tickets front of him, with tears in his eyes. lievable. He said he is 47 years old. and several homes. The journalist asked this working man, ‘‘What they did as a company to me, I don’t understand how we have come who had been standing in line for some it’s not the American way,’’ he says. to the point where the average CEO in long while: Did you know Franklin To Whom It May Concern: You are this country, the average CEO of Delano Roosevelt? The working man fired. It tells you a little something Standard & Poor’s 500 companies, made looked back at him and said: No, I about the concern about the workers, $14.7 million. CEOs on average are paid didn’t. But he knew me. doesn’t it? 411 times more than the average work- The question is, Who knows Amer- Alan Hartley, Charlotte, NC. He ers in this company. Think of that. In ican workers today? I ask that ques- thought he and other top employees 1965, CEOs on average were paid 25 tion because I read in the paper that were being called into a special meet- times more than the average worker. Circuit City, a pretty well-known cor- ing because he thought they were going Now it is 411 times more. Yesterday I poration in this country, has decided it to be recognized for outstanding per- opened the paper and read that Sprint wants to lay off 3,400 workers. Here is formance, but it wasn’t quite that way. CEO got a compensation package of what Circuit City said about those They decided they were going to be rec- $21.3 million, the former Nextel chair- workers: ognized to be laid off because they man got $36.2 million. Sallie Mae, by It had nothing to do with their skills or should be replaced with lower paid the way, in the business of providing whether they were a good worker or not. workers. Now he says they are going to student loans, their chief executive of- That is according to a Circuit City hire people who aren’t properly trained ficer got a package of $16.6 million and spokesperson. for the jobs to help take care of the a bonus of $2.5 million as a part of that. Now, this sort of thing follows on the customers. Ford Motor lost $12.6 billion last year. heels of the offshore outsourcing of I haven’t told my kids yet. They don’t It went out and recruited a new chair- many other American jobs, American know I just got fired for doing a good job. man—oh, by the way, for the chairman, companies shutting down. There is no Steven Rash made $11.59 an hour; when the company lost $12.6 billion, more Fruit of the Loom underwear worked for the company 7 years. He that chairman got $10.5 million last made in America, no more Levi’s made was working another full-time job as year. They just went to hire a new guy in America, no more Huffy bicycles well—two jobs to pay off his student and he got a $28 million package which made here, no more Fig Newton cook- debt. includes an $18 million bonus. ies made here. There are no more Radio It is not just Circuit City. There are The average CEO who was fired last Flyer little red wagons made in Amer- other companies. I will not go through year got $9 million in severance.

VerDate Aug 31 2005 01:07 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.027 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4417 Abraham Lincoln once said there is was something that represented the The legislative clerk proceeded to no America without labor and to fleece success of the American economic en- call the roll. the one is to rob the other. gine? Who is going to decide that? Mr. GRASSLEY. Mr. President, I ask There is a man named Bob Negley. These companies that decide that unanimous consent that the order for Bob Negley is quite a remarkable busi- workers are like wrenches: use them up the quorum call be rescinded. nessman, a very unusual businessman. and throw them away, it doesn’t mat- The PRESIDING OFFICER. Without He ran a company called Rollerblade. ter, or will they decide, once again, as objection, it is so ordered. Most of us know about Rollerblade. I Franklin Delano Roosevelt did, or as Mr. GRASSLEY. Mr. President, when like to rollerblade, personally—inline did that worker standing with his hat I am done—and I think that will be in skates. I think it is a great sport. I in his hands said: I know American about 15 or 20 minutes—I ask unani- haven’t even broken a bone. Maybe I workers. That President knew Amer- mous consent the Senator from Texas, shouldn’t say that, but I like to ican workers. Will we decide finally Mr. CORNYN, follow me. The PRESIDING OFFICER. Without rollerblade. Bob Negley ran Rollerblade that American workers have value in objection, it is so ordered, so ordered. and then he sold it. After he sold it, he this economic system? did something that is very unusual in Sure, we can outsource everything. BUDGET this country. He moved to Florida, We can ship all these jobs to China and Mr. GRASSLEY. Mr. President, 2 midyear, sold his position in pay people 30 cents an hour to make bi- weeks ago we passed the budget resolu- Rollerblade, that controlling position, cycles to be sold in America. We can tion in the Senate. One week after and moved to Florida. Then Christmas- decide that we are going to get rid of that, the House passed their budget time came around and all the workers all these workers and replace them resolution. So we are in a position of being conferenced between the House who worked for Bob Negley who made with $8- or $6-an-hour people. Is that and the Senate on a budget resolution, Rollerblades began to get Christmas what is going to build a better coun- and I thought at this point I ought to cards from Bob Negley and his wife. In try? Is that what is going to expand the give some updates, particularly as it the Christmas card as they opened it middle class? There is no social pro- relates to the work of the Committee up was a check from this man who had gram in this Chamber that we debate on Finance, and particularly as it re- previously owned the company 6 and talk about that is as important to lates to the issue of taxes and an im- months before. With the check was a the American people as a good job that pending tax increase that is out there— note and it said this: I sold this com- pays well with good benefits. It is time, tomorrow, almost—a few years away if pany and I made a lot of money, but I long past the time we start to remem- we don’t do anything to stop the big- understand what made this company ber that. Yes, I used some company names gest tax increase in the country, or successful. It was all of you. You that will be, in fact, the biggest tax in- worked out there in the plants and in here and I have described some sever- ance packages. Perhaps I shouldn’t sin- crease in the country. the factories, you worked in engineer- So as the budget resolution slowly gle those companies out, but the fact is ing, you worked in marketing, you are works its way through Congress, one they put themselves on the front sec- the ones who made this company suc- especially important issue wrapped up cessful and, as a result, I made a lot of tion of the business section of these in this whole great big budget resolu- money. I want to share some of it with newspapers with their own news: We tion and document is the longevity of you. He included in the Christmas card want to get rid of 3,400 employees; the bipartisan tax relief that was en- a check computed on the number of that’s what Circuit City says. I am say- acted in 2001 and 2003, and this very day years of service which some employees ing that is a value system which ig- those tax decreases for working men found to be over $20,000, and, by the nores the fact that workers are your and women are still in place and will be way, he said, I have prepaid your Fed- company. I told a company that was in in place through the year 2010. It has eral income taxes on this money. Ac- to see me not so long ago: Your brand always been my goal, when you have cept this as a token of my appreciation is a brand all of us recognize. Your Chairman Greenspan saying that this because you were the company, you brand is not just something painted tax relief for working men and women made this company successful. someplace; it is the people who work is the reason the economy has re- Contrast that, if you will, with these for your company. If you don’t under- bounded, that we should continue this days all the discussions in the news- stand that, at some point that brand tax relief into the future, because if it paper about Circuit City who has to get will be worth virtually nothing. This is the goose that laid the golden egg of rid of 3,400 workers. Why? Because we country needs to begin to understand, 7.8 billion new jobs being created since want to hire less-experienced workers, once again, and honor, once again, the recession, then we ought to keep and we want to bring them on for less work and working men and women who that golden egg working for the Amer- money; $11 an hour is too much. struggle every day. They get up, they ican taxpayer. Or, perhaps, Wal-Mart, which sends work, they work hard, they give you an Some people may not give the con- an internal memorandum around. A honest day’s work, and they come tents of a budget resolution much con- top executive writes a memo in Wal- home and try and raise a family and do sideration since it does not get signed Mart and says the cost of an asso- all the things that make life in this into law by the President but is merely ciate—that is an employee, by the way, country worthwhile. All too often a set of guidelines for tax and spending but you know this notion of ‘‘asso- these days we see this notion that decisions that apply to Congress as we ciate.’’ In my hometown there was a somehow, by some companies, workers make permanent law and as we make one-eyed, 3-legged dog with fleas they don’t have value, don’t have worth. decisions on tax policy for the future. named ‘‘Lucky,’’ so names don’t mean That is a very serious mistake. Both in Those tax and spending decisions must very much. public policy and I hope in the private go to the President for his acting on So he says, the cost of an associate sector, we need to turn this around and them and then become law. with 7 years of tenure is 55 percent understand this country’s success de- For this reason, along with anyone more than the cost of an associate with pends on expanding the middle class, who supports tax relief, we are very 1 year of tenure, and yet there is no on providing opportunities for the peo- concerned about the budget resolutions difference in his or her productivity. ple in this country—opportunities, yes, passed by the Democratic majorities in Message? Don’t let people stay around for a good job that pays well, to take the House and Senate that are now in very long. Let’s have a lot of turnover care of families and provide the things conference. Yes, this is a Republican here. Let’s have people around who you want for a good life in this coun- Senator. I am in the minority now don’t know anything so we can pay try’s future. since the last election. So I want to them nothing. This is going on in this Mr. President, I yield the floor, and I raise these concerns as a responsibility country, and the question is, Who is make a point of order that a quorum is of the majority and to alert the Amer- going to stand up for American work- not present. ican people about what the majority ers? Who decides for a change that the The PRESIDING OFFICER (Mr. might be up to, or if they are not up to expansion of the middle class in this WHITEHOUSE). The clerk will call the it, what the consequences are if noth- country, where workers were paid well, roll. ing happens.

VerDate Aug 31 2005 01:07 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.031 S12APPT1 mstockstill on PROD1PC66 with SENATE S4418 CONGRESSIONAL RECORD — SENATE April 12, 2007 This concern is derived from the fact I have here which shows that in terms Now, these blogs I have just referred that the two budget resolutions—the of the guaranteed tax relief proposal, to, these commentaries, are available one in the House and the one in the they amount to a big goose egg for the to anyone if you want to read them on- Senate—do not provide for the exten- American taxpayer. We have it right line. But to make it easier, I ask unan- sion of tax relief beyond 2010. What here on the chart. That is a big fat imous consent that they be printed in does it mean when I use the words the zero. If they are lucky, I suppose col- the CONGRESSIONAL RECORD. budget resolutions do not provide for lege-bound taxpayers could sell this There being no objection, the mate- ‘‘the extension’’ of tax relief beyond goose egg back to the Democratic lead- rial was ordered to be printed in the 2010? That means, if Congress takes no ers in the House and Senate because RECORD, as follows: action, we will have the biggest tax in- they will need the money if they are [From the Daily Kos, Feb. 27, 2007] crease in the history of the country, not able to deduct the cost of tuition. TIPRA, THE POISON PILL (A COMMENTARY) and we will have that tax increase What is even more inexplicable than (By Piec) without even a vote of the Congress. the Democrats’ failure to extend the I was reading the diary, ‘‘Capital Gains and For the first time in more than 6 popular and bipartisan tax relief en- Dividend Tax Cuts Are Robbery’’ by Dean years, Congress is sending a message, acted in 2001 and 2003 are some of the Nut 2/18/2007. Interesting thought . . . to then, that there is no guarantee of con- reasons given. The chairman of the have all your income coming from invest- tinued tax relief. In fact, the Demo- Budget Committee this year basically ment just to have a lower tax. cratic budget resolutions say the very I’d say, though, that is a very risky way to said that since the Republicans wrote live because then you’re totally at the mercy opposite. The budget resolution passed that law—forgetting that it was bipar- of selfish, economy saboteurs who we have by the Senate only provides 44 percent tisan in 2001; how clever to ignore that stupidly elected to our very own govern- of the revenue necessary to extend fact—it is our problem. The leftwing of ment. What a shameful group of individuals these popular, bipartisan—and let me the blogosphere has echoed that mes- they are, too! Caring nothing for their coun- emphasize bipartisan—tax relief bills sage of the Democratic leadership. try. Caring only for their selfish, hogging of 2001. Mr. President, 44 percent is not In regard to the left side of the selves! Everyone of them should be tried as enough, but that 44 percent is more blogosphere, I will briefly describe two traitors! Look back to recent history, to May 17, than the big fat zero percent in the posts my staff found on the Internet. 2006. What happened on that day? Bush House-passed budget resolution. The The first comes from a scholar of gov- signed the extension of the Jobs and Growth House-passed budget resolution pro- ernment who posts the Daily Kos under Tax Relief Reconciliation Act of 2003 vides no revenue room for the exten- the name of ‘‘piec.’’ I may be mispro- (JGTRRA). The new bill, called the Tax In- sion of tax relief, meaning that the ma- nouncing that, and if so, it is uninten- crease Prevention and Reconciliation Act of jority of the House of Representatives tional. 2005 (TIPRA), didn’t have anything to do right now is taking a position on the According to piec’s analysis, the Tax with stimulating the economy in a post-911 budget to let the biggest tax increase Increase Prevention and Reconciliation period. Bush and his fellow Republicans Act of 2005, which was signed last May knew that the war wasn’t going well and in the history of our country go into that the U.S. people were down on them for effect without a vote of Congress. by President Bush, was a ‘‘poison pill’’ it. The mood of the country was becoming What does that mean, besides the designed to sabotage the economy to increasing more anti-Republican with every biggest tax increase in history? It increase the prospects of Republican U.S. soldier that came home in a coffin. The means things such as no tuition deduc- candidates in 2012. The argument seems Republican party was bleakly looking to- tion for people sending their kids to to be that having popular and bipar- ward the November 2006 elections and surely college, no teacher deduction for the tisan tax relief from 2001 and 2003 all would lose their tails off. The party needed supplies the teacher might buy out of sunset at the end of 2010 would cause to do some long-range planning. Thus, the their own pocket. Those are just a cou- such an economic mess that the Demo- TIPRA passed legislature: The House of Rep- resentatives approved (H.R. 4297) by a vote of ple of popular items that would expire crats, assumed by the blogger, piec, to 244 Republicans to 185 Democrats opposed, at that particular time that would be a be in power at that time, will take the and the Senate approved it 54 Republicans to small part of the biggest tax increase blame and suffer at the polls. 44 Democrats opposed. in the history of the country, hap- Wouldn’t it have been nice if I could Yes, this was long-range planning. TIPRA pening without the vote of the people. think as chairman, when we wrote that was a poison pill for the U.S. economy be- I would like to think that I am an op- bill, that I was smart enough to see cause it extended the pain that people would timist, but in conferencing two resolu- ahead from 2001 to 2012? Thank you, start feeling in their pocket books beginning tions, which cover 44 percent on the piec, for giving me that credit. But I on January 1, 2008. Originally, 2008, a presi- dential election year, was set up to be the part of the Senate and zero percent on didn’t know that. We passed it because ONLY year that the capital gains tax rates the part of the House, I am doubtful of of the rules in place at that particular for 10 percent and 15 percent bracketed filers reaching a number greater than the al- time. It had to sunset. would drop from 5 percent to 0 percent. ready inadequate number of 44 percent Another observer of Government Short term, this bottoming out of tax rates provided in the Senate. This stands in posted comments under the name of in those tax brackets would stimulate the stark contrast to the budget that the ‘‘Blue Bunting’’ to the ‘‘Care2 News market and, thus, the economy. But because President submitted this February and Network.’’ In a posting titled ‘‘The of the extension created with TIPRA, the to the budgets the President has sub- Monster Republican Tax Hike,’’ Blue rock bottom percentage would not be a Bunting says that the ‘‘Republican ‘‘good thing’’, but a huge market-swinger, a mitted over each of the last 6 years. All market-swinger toward recession—simply of those budgets provided the revenue Congresses chose not to make their tax because the Republicans wished the ‘‘good room to make bipartisan tax relief per- cuts . . . permanent.’’ Her argument thing’’ to become a poison pill and, thereby, manent. In other words, the President seems to be that Republicans put sun- drag controlling-democrats down into a spi- is asking Congress to take action so set clauses in a bill solely to improve raling hole for the duration of three, entire that the biggest tax increase in the his- the long-term budget projections and years. tory of our country would not happen; that responsibility for the expiration of On January 1, 2011, as the law now stands, tax relief rests completely with the Re- everything will sunset. This, 2011, is the and if it did happen, it would happen third year of the next presidential election without a vote of the people. He thinks publicans, even though the Republicans cycle. Right when the country will be deep- that Congress making a decision for are in the minority. The implication is ening into recession, the tax brackets will tax relief for working men and women that by lowering taxes, Republicans sunset. This means that everything tax-wise provided the incentive, according to are responsible for a tax increase that will be as it was pre-911. Ten percent, 15 per- Chairman Greenspan, for the economic would occur when the Democratic ma- cent, 25 percent, 28 percent, 33 percent, and recovery—and we have now created 7.8 jorities control both Houses of Con- 35 percent tax brackets will become, once million new jobs—and ought to be gress, even though taxes coming in again, 15 percent, 28 percent, 31 percent, 36 from all the taxes that the Federal percent, and 39.6 brackets. Actual cash dol- made permanent tax policy. In other lars will be squeezed out of every man, words, don’t kill the goose that has Government collects run to a 50-year women, and child in the form of raised taxes, laid the golden egg. average of what they have been, 18.6 and just when they thought that they The Democratic budget resolutions percent of GDP. If it has been that way couldn’t bleed anymore. The capital gains can be best represented by a chart that for 50 years, what is the problem? tax rates will also sunset. The post-911 tax

VerDate Aug 31 2005 01:07 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.028 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4419 brackets of capital gains and qualifying divi- I ask unanimous consent to have Brownback (R–KS), Yea dend rates of 0 percent for 10 percent and 15 printed in the RECORD the Ortcutt com- Bunning (R–KY), Yea percent bracketed filers and 15 percent for ment. Burns (R–MT), Yea everyone else will become the old 10 percent There being no objection, the mate- Byrd (D–WV), Nay for gains in the 15 percent bracket and all Campbell (R–CO), Yea others will be 20 percent. Plus, that screwing rial was ordered to be printed in the Cantwell (D–WA), Nay five-year holding period rule will be back to RECORD, as follows: Carnahan (D–MO), Yea trap people again for good. Yes, TIPRA’s HAVING IT BOTH WAYS Carper (D–DE), Nay only purpose was to sabotage the U.S. econ- The Republicans want it both ways on Chafee (R–RI), Nay omy and drive the power of Congress back to budgets and expiring tax cuts. If you look at Cleland (D–GA), Yea Republicans in 2012. the CBO’s budget outlook, there will be a Clinton (D–NY), Nay It absolutely makes me sick to see fellow surplus in 2012. However, the only reason for Cochran (R–MS), Yea Americans operate like this . . . tear the that is that the temporary tax cuts of the so- Collins (R–ME), Yea whole country and weaken it, just to satisfy called Economic Growth and Tax Relief Rec- Conrad (D–ND), Nay some evil, selfish desire for power. We never onciliation Act of 2001 will expire on January Corzine (D–NJ), Nay sent them to government to serve ONLY 1, 2011. When a temporary tax cut expires is Craig (R–ID), Yea themselves! that a tax increase or not? When the Presi- Durbin (D–IL), Nay Mr. GRASSLEY. To begin with, it is dent Bush brags that the budget will be bal- Edwards (D–NC), Nay completely ridiculous to suggest that anced in 2012 without tax increases, he is Ensign (R–NV), Yea President Bush and Republicans in gen- saying that letting a tax cut expire is not a Enzi (R–WY), Not Voting Feingold (D–WI), Nay eral did not intend or desire the perma- tax increase. But when Republicans debate extending the tax cuts, how many Repub- Feinstein (D–CA), Yea nence of tax relief. President Bush and Fitzgerald (R–IL), Yea my party generally have favored per- licans do you think will cast letting a tax cut expire as a tax increase. All of them. It’s Frist (R–TN), Yea manence of tax relief—not just because fundamentally dishonest and disgusting. I Graham (D–FL), Nay it brings in less money, but because just hope that we can get this fact through Gramm (R–TX), Yea permanence of tax policy—when inves- to the American people. Grassley (R–IA), Yea Gregg (R–NH), Yea tors and laborers can depend on the tax Mr. GRASSLEY. Mr. President, re- policy, you are going to get better Hagel (R–NE), Yea sponding to another criticism, it is Harkin (D–IA), Not Voting planning long term. It is better for the completely off the mark to say the tax Hatch (R–UT), Yea economy. relief bills were written by Repub- Helms (R–NC), Yea Mr. President, you need to look no licans. It is almost as if the Demo- Hollings (D–SC), Nay further than the budgets to which I cratic leadership is saying that tax re- Hutchinson (R–AR), Yea have referred. The administration and Hutchison (R–TX), Yea lief was passed by a National Repub- the Republican Congress have budgeted Inhofe (R–OK), Yea lican Congress and not by the Con- for an extension of the bipartisan tax Inouye (D–HI), Nay gress. relief provisions. That action has af- Jeffords (R–VT), Yea The 2001 bill was written by a bipar- Johnson (D–SD), Yea fected the bottom lines of these budg- tisan majority and was opposed by a Kennedy (D–MA), Nay ets. And as we heard over and over partisan minority led by the Demo- Kerry (D–MA), Not Voting again, the Democratic leadership, the cratic leadership. The conference re- Kohl (D–WI), Yea Kyl (R–AZ), Yea liberal think tanks, and sympathetic port to accompany the law that was east coast media have criticized the Landrieu (D–LA), Yea entitled the Economic Growth and Tax McCain (R–AZ), Nay bottom lines of those budgets. So the Relief and Reconciliation Act passed Democratic leadership, the liberal McConnell (R–KY), Yea the Senate on May 26, 2001. Mikulski (D–MD), Nay think tanks, and the sympathetic east I ask unanimous consent that the in- Miller (D–GA), Yea coast media cannot have it both ways. formation pertaining to that rollcall be Murkowski (R–AK), Yea We are not going to let them have it printed in the CONGRESSIONAL RECORD Murray (D–WA), Not Voting both ways. They cannot shut off the bi- so we can show it was a bipartisan roll- Nelson (D–FL), Nay partisan tax relief, take credit for the Nelson (D–NE), Yea call. Nickles (R–OK), Yea supposed deficit reduction, and also There being no objection, the mate- claim that there is tax relief in this Reed (D–RI), Nay rial was ordered to be printed in the Reid (D–NV), Nay budget that passed the Senate 2 weeks RECORD, as follows: Roberts (R–KS), Yea ago and the House a week ago. Rockefeller (D–WV), Nay Getting back to the blog I referred U.S. SENATE ROLLCALL VOTES 107TH CON- GRESS—1ST SESSION AS COMPILED THROUGH Santorum (R–PA), Yea to, the Daily Kos, one posted as SENATE LIS BY THE SENATE BILL CLERK Sarbanes (D–MD), Nay ‘‘Ortcutt’’ agrees with this point. UNDER THE DIRECTION OF THE SECRETARY OF Schumer (D–NY), Nay Ortcutt, however, incorrectly identifies THE SENATE Sessions (R–AL), Yea Shelby (R–AL), Yea the purveyor of the phony logic. The VOTE SUMMARY blogger puts it on Congressional Re- Smith (R–NH), Yea Question: On the Conference Report (H.R. Smith (R–OR), Yea publicans and President Bush. As the 1836, Conference Report). Snowe (R–ME), Yea hard, cold numbers in the Democratic Vote Number: 170; Vote Date: May 26, 2001, Specter (R–PA), Yea budget resolutions and floor debate in 11:25 a.m. Stabenow (D–MI), Nay the CONGRESSIONAL RECORD show, Required For Majority: 1/2; Vote Result: Stevens (R–AK), Yea Democrats claim that expired tax re- Conference report agreed to. Thomas (R–WY), Yea Measure Number: H.R. 1836. Thompson (R–TN), Yea lief is not a tax hike. Let me emphasize Measure Title: A bill to provide for rec- that. Thurmond (R–SC), Yea onciliation pursuant to section 104 of the Torricelli (D–NJ), Yea Are we going to let people get away concurrent resolution on the budget for fis- with that, when they know what the Voinovich (R–OH), Yea cal year 2002. Warner (R–VA), Yea Vote Counts: YEAs 58; NAYs 33; Present 2; law is on December 31, 2010, and the Crapo (R–ID), Yea Not Voting 7. biggest tax increase in the history of Daschle (D–SD), Nay the country is going to happen, with- ALPHABETICAL BY SENATOR NAME Dayton (D–MN), Nay out a vote of the people? And when Akaka (D–HI), Present, Giving Live Pair DeWine (R–OH) Yea that happens, they are saying it is not Allard (R–CO), Yea Dodd (D–CT), Nay a tax hike? Allen (R–VA), Yea Domenici (R–NM), Not Voting Surely, they don’t think the Amer- Baucus (D–MT), Yea Dorgan (D–ND), Nay ican people are that stupid. The Demo- Bayh (D–IN), Nay Leahy (D–VT), Not Voting cratic leadership are the folks trying Bennett (R–UT), Yea Levin (D–MI), Nay Biden (D–DE), Nay Lieberman (D–CT), Nay to claim that their budgets, which Bingaman (D–NM), Present, Giving Live Pair Lincoln (D–AR), Yea don’t provide the revenue room for ex- Bond (R–MO), Yea Lott (R–MS), Yea pired tax relief, don’t contain tax Boxer (D–CA), Not Voting Lugar (R–IN), Yea hikes. Hogwash. Breaux (D–LA), Yea Wellstone (D–MN), Nay

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.004 S12APPT1 mstockstill on PROD1PC66 with SENATE S4420 CONGRESSIONAL RECORD — SENATE April 12, 2007 Wyden (D–OR), Nay Indiana: Bayh (D–IN), Nay; Lugar (R–IN), Senate at that particular time. If all of GROUPED BY VOTE POSITION Yea. those Democrats had voted against the YEAs—58 Iowa: Grassley (R–IA), Yea; Harkin (D–IA), conference report, it would have failed. Not Voting. Allard (R–CO) Frist (R–TN) Murkowski (R– Clearly, it is ridiculous to say this Kansas: Brownback (R–KS), Yea; Roberts AK) was purely a Republican bill. Given the Allen (R–VA) Gramm (R–TX) Nelson (D–NE) (R–KS), Yea. Baucus (D–MT) Grassley (R–IA) Nickles (R–OK) Kentucky: Bunning (R–KY), Yea; McCon- experience the Democratic leadership Bennett (R–UT) Gregg (R–NH) Roberts (R–KS) nell (R–KY), Yea. has had with cloture votes in the past Bond (R–MO) Hagel (R–NE) Santorum (R– Louisiana: Breaux (D–LA), Yea; Landrieu few months, I would expect them to ap- PA) (D–LA), Yea. preciate the necessity of working on a Breaux (D–LA) Hatch (R–UT) Sessions (R– Maine: Collins (R–ME), Yea; Snowe (R– AL) bipartisan basis in this body. This is Brownback (R– Helms (R–NC) Shelby (R–AL) ME), Yea. the only political institution of our KS) Maryland; Mikulski (D–MD), Nay; Sar- system where minority views are pro- Bunning (R–KY) Hutchinson (R– Smith (R–NH) banes (D–MD), Nay. AR) Massachusetts: Kennedy (D–MA), Nay; tected and must be respected because Burns (R–MT) Hutchison (R– Smith (R–OR) Kerry (D–MA), Not Voting. of no limit on debate, called a fili- TX) Michigan: Levin (D–MI), Nay; Stabenow buster, and it takes 60 percent, a super- Campbell (R– Inhofe (R–OK) Snowe (R–ME) (D–MI), Nay. majority, to overcome a filibuster to CO) Minnesota: Dayton (D–MN), Nay; Carnahan (D– Jeffords (R–VT) Specter (R–PA) get to finality. That is where Demo- MO) Wellstone (D–MN), Nay. crats were protected when they were in Cleland (D–GA) Johnson (D–SD) Stevens (R–AK) Mississippi: Cochran (R–MS), Yea; Lott (R– the minority for the last 6 years. This Cochran (R–MS) Kohl (D–WI) Thomas (R–WY) MS), Yea. is where Republicans are going to be Collins (R–ME) Kyl (R–AZ) Thompson (R– Missouri: Bond (R–MO), Yea; Carnahan (D– TN) MO), Yea. protected for the next 2 years—and Craig (R–ID) Landrieu (D– Thurmond (R– Montana: Baucus (D–MT), Yea; Burns (R– hopefully no longer than 2 years—as a LA) SC) MT), Yea. minority. Crapo (R–ID) Lincoln (D–AR) Torricelli (D– NJ) Nebraska: Hagel (R–NE), Yea; Nelson (D– It takes 60 votes to get permanent DeWine (R–OH) Lott (R–MS) Voinovich (R– NE), Yea. tax relief. The bottom line is, we didn’t OH) Nevada: Ensign (R–NV), Yea; Reid (D–NV), have the 60 votes in 2001 and 2003 for Ensign (R–NV) Lugar (R–IN) Warner (R–VA) Nay. making these bipartisan tax relief Feinstein (D– McConnell (R– New Hampshire: Gregg (R–NH), Yea; Smith plans permanent. And with a couple ex- CA) KY) (R–NH), Yea. Fitzgerald (R– Miller (D–GA) New Jersey: Corzine (D–NJ), Nay; ceptions I will discuss shortly, over the IL) Torricelli (D–NJ), Yea. last 6 years, we haven’t had the 60 NAYs—33 New Mexico: Bingaman (D–NM), Present, votes for permanent tax relief. Bayh (D–IN) Dodd (D–CT) McCain (R–AZ) Giving Live Pair; Domenici (R–NM), Not So tax relief in 2001 was not made Biden (D–DE) Dorgan (D–ND) Mikulski (D– Voting. permanent because the Democratic MD) New York: Clinton (D–NY), Nay; Schumer Byrd (D–WV) Durbin (D–IL) Nelson (D–FL) leadership and the liberal core of the Cantwell (D– Edwards (D–NC) Reed (D–RI) (D–NY), Nay. Democratic caucus have refused to sup- WA) North Carolina: Edwards (D–NC), Nay; port permanence, and that is apparent Carper (D–DE) Feingold (D– Reid (D–NV) Helms (R–NC), Yea. WI) North Dakota: Conrad (D–ND), Nay; Dor- now more than ever with the budget Chafee (R–RI) Graham (D–FL) Rockefeller (D– gan (D–ND), Nay. that is in conference between the WV) Ohio: DeWine (R–OH), Yea; Voinovich (R– House and Senate. Clinton (D–NY) Hollings (D–SC) Sarbanes (D– OH), Yea. Of course, last November, the Demo- MD) Conrad (D–ND) Inouye (D–HI) Schumer (D– Oklahoma: Inhofe (R–OK), Yea; Nickles (R– crats won control of both Houses of NY) OK), Yea. Congress. I wonder if the House Demo- Corzine (D–NJ) Kennedy (D– Stabenow (D– Oregon: Smith (R–OR), Yea; Wyden (D– cratic leadership will be sending over MA) MI) OR), Nay. any bills to make tax relief permanent. Daschle (D–SD) Levin (D–MI) Wellstone (D– Pennsylvania: Santorum (R–PA), Yea; MN) Specter (R–PA), Yea. I doubt it. Even if the House Demo- Dayton (D–MN) Lieberman (D– Wyden (D–OR) Rhode Island: Chafee (R–RI), Nay; Reed (D– cratic leadership did send over such a CT) RI), Nay. bill, I would not expect the Senate Present—2 South Carolina: Hollings (D–SC), Nay; Democratic leadership to take it up. Akaka (D–HI) Bingaman (D– Thurmond (R–SC), Yea. When in Republican hands, the House NM) South Dakota: Daschle (D–SD), Nay; John- regularly sent over bills to provide per- Not Voting—7 son (D–SD), Yea. manence for various components of the Boxer (D–CA) Harkin (D–IA) Murray (D–WA) Tennessee: Frist (R–TN), Yea; Thompson bipartisan tax relief bill which they Domenici (R– Kerry (D–MA) (R–TN), Yea. NM) Texas: Gramm (R–TX), Yea; Hutchison (R– couldn’t get through the Senate. Enzi (R–WY) Leahy (D–VT) TX), Yea. Senate Democrats are clearly capa- GROUPED BY HOME STATE Utah: Bennett (R–UT), Yea; Hatch (R–UT), ble of working with Republicans to Alabama: Sessions (R–AL), Yea; Shelby (R– Yea. make tax relief provisions permanent AL), Yea. Vermont: Jeffords (R–VT), Yea; Leahy (D– if they like what they want to make Alaska: Murkowski (R–AK), Yea; Stevens VT), Not Voting permanent. And we have done it in the (R–AK), Yea. Virginia: Allen (R–VA), Yea; Warner (R– past. The Holocaust Restitution Tax Arizona: Kyl (R–AZ), Yea; McCain (R–AZ), VA), Yea. Fairness Act of 2001 repealed the sunset Washington: Cantwell (D–WA), Nay; Mur- Nay. of a provision originally contained in Arkansas: Hutchinson (R–AR), Yea; Lin- ray (D–WA), Not Voting. coln (D–AR), Yea. West Virginia: Byrd (D–WV), Nay; Rocke- the 2001 tax relief bill that allowed Hol- California: Boxer (D–CA), Not Voting; feller (D–WV), Nay. ocaust survivors and their heirs and es- Feinstein (D–CA), Yea. Wisconsin: Feingold (D–WI), Nay; Kohl (D– tates to receive restitution payments Colorado: Allard (R–CO), Yea; Campbell (R– WI), Yea. tax free. Making this provision perma- CO), Yea. Wyoming: Enzi (R–WY), Not Voting; Thom- nent was absolutely the right thing to Connecticut: Dodd (D–CT), Nay; Lieberman as (R–WY), Yea. do, and the fact that it passed the Sen- (D–CT), Nay. Mr. GRASSLEY. Mr. President, the Delaware: Biden (D–DE), Nay; Carper (D– ate by unanimous consent proves that, DE), Nay. 2001 tax relief bill passed the Senate and it passed it during a period when Florida: Graham (D–FL), Nay; Nelson (D– with 58 yeas. At that time, the Senate the Democrats controlled the Chamber, FL), Nay. was evenly divided—50 Republicans and indicating the level of cooperation that Georgia: Cleland (D–GA), Yea; Miller (D– 50 Democrats—with the Republicans occurred between Senate Republicans GA), Yea. technically having control because of and Democrats when Democrats want Hawaii: Akaka (D–HI), Present, Giving the Vice President’s vote. However, not to make a provision of the tax law per- Live Pair; Inouye (D–HI), Nay. Idaho: Craig (R–ID), Yea; Crapo (R–ID), every single Republican voted for that manent law. Yea. tax relief measure. Those 58 yeas in- As I go through these examples, ev- Illinois: Durbin (D–IL), Nay; Fitzgerald (R– cluded 12 Democrats, nearly one-quar- eryone needs to remember that holding IL), Yea. ter of the 50 Democrats sitting in the the majority in the Senate is not a

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.006 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4421 ticket for either party to force its sequences, and one of those con- Mr. CORNYN. I thank the Chair. agenda down the other party’s throat. sequences is for the winner having in- (The remarks of Mr. CORNYN per- Senate rules encourage cooperation by creased responsibility. Since Demo- taining to the introduction of S. 1096 giving the minority many opportuni- crats have made tax relief provisions are printed in today’s RECORD under ties to check the majority, and this be- permanent in the past—and I have ‘‘Statements on Introduced Bills and comes even more evident when those given only two examples—they can Joint Resolutions.’’) majorities are very slim as they are likewise do it again, and they will have Mr. CORNYN. Mr. President, I yield right now—51 Democrats, 49 Repub- Republican cooperation to make it the floor, and I suggest the absence of licans. And they have been very slim happen. a quorum. for the last several Congresses. One of the bloggers I cited earlier The PRESIDING OFFICER (Mr. I say this to point out that the Holo- points out the economic calamity that SALAZAR). The clerk will call the roll. caust Restitution Act became perma- would befall our country if all tax re- The legislative clerk proceeded to nent because Republicans and Demo- lief was allowed to expire at the end of call the roll. crats worked together to make it per- 2010. On this specific point, he is cor- The PRESIDING OFFICER (Ms. manent, and it would not have been rect, and I gave a speech to this effect KLOBUCHAR). The Senator from West sent to the President if one side or the right here on this floor on March 1 Virginia is recognized. other wanted to block it. where I cited a study done by the Wall Mr. BYRD. Madam President, I ask I will give one more example that oc- Street firm of Goldman Sachs. unanimous consent that the order for curred last summer as part of the pen- If something is not done to extend or the quorum call be rescinded. sion reform bill. We call that the Pen- make permanent tax relief before the The PRESIDING OFFICER. Without sion Protection Act of 2001. It passed end of 2010, American families, working objection, it is so ordered. the Senate 93 yea votes and made per- families, will be hit with a wall of tax SENATOR TED STEVENS, LONGEST SERVING manent—now here we have bipartisan increases that is currently built into REPUBLICAN SENATOR cooperation to make permanent other the Democratic budget resolution. Mr. BYRD. Madam President, Sen- parts of the tax bill—the retirement se- I have a chart. This chart shows, ac- ator TED STEVENS is not on the floor at curity provisions of that 2001 tax bill. cording to the U.S. Treasury, not ac- the moment. I am going to wait, if I Even if every Republican supported the cording to this Senator from Iowa, a may. I have the floor, do I not, Madam bill, a united Democratic caucus could family of four with $40,000 of income President? have held back the five additional will be subjected to an average tax in- votes needed for final passage if they crease of $2,052 all at once. The Demo- The PRESIDING OFFICER. The Sen- chose. crats, now in the driver’s seat, need to ator does. Clearly, Democrats have a record of decide whether they are going to let Mr. BYRD. I am going to wait. I un- working with Republicans to make tax that wall go up, whether that wall is derstand that Senator STEVENS is on relief provisions permanent when they going to stand between this taxpayer his way. He will be here in a couple of choose to do it. So why not work in the and more money for them to spend in- minutes. I will await the arrival, if the same way to make the rest of that tax stead of more money for me to spend Chair will allow me, of Senator TED law of 2001 and 2003 permanent so we for them, or are they going to take ad- STEVENS. I understand he is on his way, don’t have the biggest tax increase in vantage of the opportunity we give and I want him to be present to hear the history of the country without a them to cooperate to prevent that big what I am going to say. vote of the American people, so we will tax increase of 2,000 and more dollars Madam President, tomorrow, April have permanence of tax law, so work- to go into effect for a family with an 13, the very distinguished senior Sen- ing men and women can plan on the fu- income of $40,000, as though there is ator from Alaska, my dear friend, Sen- ture, so investors who create jobs can something about being rich making ator TED STEVENS, will become, if it is plan on the future as well? That is bet- $40,000 a year. the good Lord’s will, the longest serv- ter for the economy. I want to conclude with a reference ing Republican Senator in the history Let me return to the present day. to a story about a man who cared a of these United States. It will mark The House and Senate, then, as I have great deal about the typical taxpayer, his, Senator TED STEVENS’s, 13,990th said so many times, passed separate President Ronald Reagan. During the day as a Senator. Senator STEVENS, on budget resolutions, now in conference, Cold War, while in West Berlin, Presi- tomorrow, if the Lord let’s him live, but currently would end up subjecting dent Reagan challenged Soviet Presi- will surpass the late Senator Strom Americans to the largest tax increase dent Gorbachev to tear down the Berlin Thurmond of South Carolina, who in history, and the Democrats have re- Wall. I challenge the Democratic lead- served 13,989 days as a Republican Sen- sponded by basically declaring it is not ership to tear down the wall of tax in- ator. Tomorrow, Senator STEVENS will their responsibility. How can a major- creases built into their budgets. I hope serve, the good Lord willing, 13,990 ity so avoid the responsibility of being my liberal friends in the core of the days. a majority? Democratic caucus will urge the Demo- This is a great honor and an impor- The Democratic leadership and the cratic leaders to tear down the wall of tant milestone in the Senate career of liberal core have the power to make tax increases they have built. This is our esteemed colleague, my friend, TED these provisions permanent. I assure not a wall Republicans built. This is a STEVENS. I congratulate Senator TED my colleagues we will be there working wall Democrats through their budget STEVENS for this monumental, historic with them as we did on the retirement built because they have the power, achievement. As the longest serving portions of the pension bill, as we did they have a minority that is willing to Democratic Senator in the history of on the Holocaust relief bill, to make cooperate with them, as we have on the Senate, I, ROBERT C. BYRD, wel- sure it becomes permanent law. two other instances I have given in come my friend, Senator TED STEVENS I think they should, but I realize these remarks. Join with us in the Re- of Alaska, into this most exclusive they may not agree with me. However, publican conference and tear down the club. In fact, it is probably the most if they do let tax relief expire, they wall of tax increases that has been exclusive club I know. There are only have to take responsibility for letting built. two of us, one Democrat and one Re- that happen. They have to take respon- I yield the floor. publican, in it. sibility for the biggest tax increase in The PRESIDING OFFICER. The Sen- I have served in this Chamber with the history of the country happening ator from Texas. Senator TED STEVENS for nearly four without a vote of the people when they Mr. CORNYN. Mr. President, I ask decades. He came here in 1968. Senator would have had the cooperation of Re- unanimous consent to speak for up to STEVENS and I have served together on publicans to make sure it was perma- 15 minutes as in morning business. the Senate Appropriations Committee nent and to make sure this biggest tax The PRESIDING OFFICER. Without since 1972. I was on the committee a increase doesn’t happen. objection, it is so ordered. long time before that, but we, Senator Several times since November, I have The Senator from Texas is recog- STEVENS and I, have served together on heard that elections have con- nized. the Senate Appropriations Committee

VerDate Aug 31 2005 02:20 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.035 S12APPT1 mstockstill on PROD1PC66 with SENATE S4422 CONGRESSIONAL RECORD — SENATE April 12, 2007 since 1972. During these years of serv- me say that again. For his service, he tion’s pillars deep and lift them to the ice together, we have developed a pro- was awarded numerous medals, includ- sky. found respect and admiration for each ing—including—the Distinguished Fly- Madam President, for the record, I other. We now share many memories, ing Cross. will yield the floor soon, but for right both on and off the Senate floor. In the 1950s, after graduating from now, I see on the other side of the aisle Harvard Law School, Senator STEVENS One of my favorite memories is a three very distinguished Senators. I see very special personal one. I recall how began his long and remarkable career Senator TED STEVENS, I see Senator Senator STEVENS would bring his baby in public service by serving in various COCHRAN, THAD COCHRAN of Mississippi. daughter Lily with him to the Senate positions in the Eisenhower adminis- Now, we are not supposed to say these and carry her around the Capitol in a tration. things such as this—and I see the great basket. Over the years, I have become Senator STEVENS is also a great legis- Senator from Georgia, Senator very close to Lily as well as her father. lator. In our nearly four decades in the ISAKSON. By the way, let me tell my Lily is all grown up now. As a matter Senate, Senator STEVENS and I have colleagues, Senator ISAKSON comes of fact, she will finish law school this also worked together on numerous over to my desk here every day I am year. But Senator STEVENS remains the bills. We have even cosponsored some proud, loving father he always has together. This includes S. 880, the Sen- here and he takes the time to shake been. ate Family Leave Act, which is cur- my hand. He does. He takes the time to A couple of years ago, when the Sen- rently under consideration in the Sen- speak with me and to talk with me. ate was working into the late hours of ate. One day I may make a little speech on the night and tensions were running I especially admire Senator STEVENS the Senate floor, God willing, and I am high, as they occasionally do around for his work on the Senate Appropria- going to talk about Senator ISAKSON. here, Senator TED STEVENS took me by tions Committee. During his years as But today, I salute my friend Senator the arm and pulled me aside because he chairman of the Senate Appropriations TED STEVENS. had something he wanted to show me. Committee, he was bipartisan, coopera- Mr. STEVENS. Madam President, It was an article that Lily had written tive, and respectful of everyone, just does the Senator yield the floor at this about the U.S. Capitol that had just the way the chairman of the Appro- time? priations Committee, or any Senate been published by the U.S. Historical Mr. BYRD. I do. Society, and he, Senator STEVENS, committee, ought to be. wanted to share it with me. I remarked While noting that Senator STEVENS Mr. STEVENS. Madam President, I at the time how touched I was by this. has served as chairman of the Senate regret I wasn’t here at the commence- It was a father’s pride in his child’s ac- Appropriations Committee, allow me ment of the comments of the distin- complishment. I recall it now as a lov- to point out that I have always been guished Senator from West Virginia, ing reminder that the Senate is a fam- impressed by the similarity of our ca- but I am overwhelmed and honored ily—the Senate is a family. reers. that he would make these comments, Senator TED STEVENS is a Repub- As I have already mentioned, I am and particularly that he would ref- lican. I am a Democrat. Of course, we the longest serving Democratic Sen- erence his relationship to our youngest have had a few differences in our lives. ator ever. Tomorrow, Senator TED STE- daughter Lily who has great love and We have been here for a long time on VENS will become the longest serving affection for Senator BYRD. We have this floor—right here on this floor. Republican Senator. come through a lot of travails, each of Both of us have served as President But, actually, some of them became us, during our times in the Senate, and pro tempore of the Senate and Presi- quite heated. Senator STEVENS, as you I have always found Senator BYRD to know, says what he thinks. He is a dent pro tempore emeritus. be a warm and great friend in times of Both of us—Senator STEVENS and I— trouble and very gracious when in man. He is a gentleman. He is a Sen- have served as our party’s whip in the times such as this. We could stand here ator. He says what he thinks. Oh, here Senate. The ‘‘whip’’ is an old term. and I would tell the Senate some of the he is, right here on the floor. I had to When the fox hunters went out, and times I have spent with Senator BYRD, look around now to remind me he was they brought the hounds in, they used including the time once in Britain there. whips, and they knew how to use them. Now, some of these things have be- when we gathered together a group of So both of us—Senator STEVENS and I— come quite heated. We both tend—Sen- British and United States members of have served as our individual party’s— ator STEVENS and I—to be strong- the British-American Parliamentary his is the Republican Party; mine is willed persons, U.S. Senators, with dif- the Democratic Party—each of us has Conference and we listened to Senator ferent political philosophies. And each served as his party’s whip in the Sen- BYRD tell us about his life and some of of us is determined to represent the ate. The term ‘‘whip’’ goes back a long the things he had done as a child, and best interests of his and my home way. It goes back to England and the we listened to him recite many of the State and the people—the people—who House of Commons. great poems he knows. He has one of send us here. So, naturally, at times, Both of us—Senator STEVENS and I— the most prodigious memories I have we are going to disagree. have chaired the Senate Appropria- ever known, and he is the most gra- But I feel I can say before God and tions Committee, and each has served cious Member of the Senate. He always man and Senators—I feel I can say as ranking member on the committee. has been very kind and helpful. without fear of contradiction—that not Both of us have been honored with I came here as an appointed Senator once—not once—have we allowed our recognition as the ‘‘King of Pork’’—the and took the position of—we called it political differences to become per- ‘‘King of Pork’’—while I am sure the the Bartlett seat, Senator Bob Bart- sonal ones. organization that gave us that title in- lett’s seat. Senator BYRD was very gra- I have come to admire Senator TED tended it to be something less than a cious to Senator Bartlett as Alaska’s STEVENS as a man of immense integ- compliment. rity, high personal principles, and un- first senior Senator, and he extended Madam President, I again congratu- greetings to me as Senator Bartlett’s qualified honesty. late this great Senator, this fine legis- I admire Senator TED STEVENS as a replacement, and throughout these lator, this outstanding American for great American. He is a patriot. He is nearly 40 years he has been a great his historic achievement. Senator STE- a patriot whose devotion for our coun- friend. We have had differences of opin- VENS is truly the kind of man whom try—this country, yours and mine—led ion, but we have never had a disagree- our country and this Chamber need. him to join the Army Air Corps during able word between us. God willing, that I close with a poem. I know it by will never happen. World War II, where he, Senator STE- memory. I am going to read it into the VENS, flew support missions for the So I thank my friend. He honors me, RECORD: Flying Tigers of the 14th Air Force. he honors my family, and he honors Not gold, but only men can make a Nation For his service, Senator STEVENS—he great and strong; men who for truth the Senate by the remarks he made was not a Senator then—but Senator and honor’s sake, stand fast and labor about the Senate itself. We are a fam- STEVENS, for his service at that time, long. ily. This aisle ought not to be a can- was awarded numerous medals, includ- Real men who work while others sleep, who yon; it ought to be very easy to step ing the Distinguished Flying Cross. Let dare while others fly. They build a Na- across that aisle and shake hands with

VerDate Aug 31 2005 02:20 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.041 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4423 a friend as I have just done. I thank the spect you. You are a great Senator Senator STEVENS, of course, was our Senator for what he has said and for from a great State. Under the Con- President pro tempore. I don’t recall a giving me the opportunity to be here stitution, he and I, as Senators, belong more diligent and hard-working Presi- when he said it. to the greatest deliberative body in the dent pro tempore than was Senator The PRESIDING OFFICER. The Sen- world. I respect the history of England STEVENS. He had some big shoes to fill: ator from West Virginia is recognized. and the House of Commons. That is a Strom Thurmond, Jim Eastland from Mr. BYRD. Madam President, will great body. The House of Lords, that is my State of Mississippi, and Senator the very able and distinguished Sen- a great body. But the U.S. Senate is BYRD; and all were dutiful. I recall Sen- ator from Alaska yield so I might say the upper House, the so-called upper ator STEVENS personally being there a few words? House, and it is the upper House. There every morning to open the Senate, usu- Mr. STEVENS. I am happy to do so. are two Houses, and the Senate is the ally a duty delegated to others; and he Mr. BYRD. I thank the Senator, my upper House, because it used to be up probably presided personally over the friend, for what he has said. I salute there in the old days, and so the Mem- Senate as much as any person who has him, my friend. I wish Erma, my dar- bers referred to the Senate as the upper occupied that position of responsi- ling wife, were here, sitting up in the House. bility. gallery. We have rules that we don’t Senator STEVENS—I am going to To be here today and to hear DAN speak to the gallery, but I wish she speak to him as I shouldn’t—I know INOUYE talk about his early recollec- were here. She knew Senator STEVENS. what the rules are, but I am going to tions of their service together in the She knew Mrs. Stevens. She knew us, say to Senator STEVENS directly this Senate, and other Senators who have my wife, and Mrs. Stevens, who is not may be the last time—who knows; it spoken on this special occasion in the here today, but my wife knew us, Sen- may not be—that I will ever speak to life of our Senate, has made me happy ator STEVENS and me, her childhood him on the floor like this. Senator STE- to be here and to be able to observe and sweetheart, ROBERT C. BYRD, she knew VENS, I love you, I respect you, and I appreciate this day in the history of we were friends, Senator STEVENS and admire you. I hope God will always the Senate. I, the closest of friends. Now, when I bless you and hold you in the hollow of I yield the floor. say the closest of friends, Senators his hand. In the name of our Lord Jesus The PRESIDING OFFICER. The Sen- know what that means. That doesn’t Christ, I pray and ask for the forgive- ator from Georgia is recognized. mean Senator STEVENS and I go out to- ness of my own shortcomings. Senator Mr. ISAKSON. Mr. President, I wish gether at night and drink booze to- STEVENS, you are my friend, and we to tell a quick story. I was in my office gether or anything such as that. We are will let it go at that. working and watching the beginning of the closest of friends. I don’t have any- Madam President, I am going to yield Senator BYRD’s speech about Senator thing against Senators or anybody else the floor. STEVENS. I was reminded that I had a who wants to go out and drink booze. I The PRESIDING OFFICER. The Sen- picture of two fellows who came up don’t. I won’t say what I have done in ator from Alaska is recognized. from Georgia to cook for the Senate at Mr. STEVENS. Madam President, all my lifetime, but I know a little bit a barbecue. It is a picture of Senator I can say to my friend is that I am al- about what booze is. I know what we STEVENS, myself, and those two gentle- ready blessed by God to be your friend, are talking about. men. The reason I ran over here is to and I thank you very much. Senators STEVENS and I are the dear- Mr. BYRD. Madam President, I yield say this: When I asked who the two est of friends. I happen to be, through the floor. gentlemen wanted to have their picture the good Lord’s will, in my ninetieth The PRESIDING OFFICER (Mr. taken with, they said Senator TED STE- year. I will be 90 in November, if it is WHITEHOUSE). The Senator from Mis- VENS. I think that is a testimony to his the good Lord’s will and I live to see sissippi is recognized. reach, which is far beyond Alaska and the 20th day of November. I don’t mind Mr. COCHRAN. Mr. President, I am to my home in Georgia. talking out loud, because as Popeye pleased to be here to hear the remarks Secondly, when I saw Senator BYRD the Sailor Man used to say: I yam what of the distinguished Senator from West speak, I knew he was speaking about I yam, and that is all I yam. Virginia, my good friend, and to join Senator STEVENS, and I realized the Now, Senator STEVENS—I am not sup- with others who have honored and paid embodiment of history in the Senate posed to address him, a colleague, like tribute to Senator STEVENS on the oc- that these two gentlemen represent. To this, but I am going to do that with the casion of his reaching a milestone come and sit down as Senator THAD Senate’s permission. This is not in ac- where he has served in the Senate COCHRAN came into the Chamber, I re- cordance with the rules. Senator STE- longer than any other Republican alized this 2-year rookie of the Senate VENS, I want to say to you—I want to Member in history. was sitting among greatness. say to you in the presence of Senator I had the privilege, when I was a new My favorite book of all time is ‘‘The COCHRAN, who is a Senator on the Ap- Member of the House of Representa- Greatest Generation’’ because it tells propriations Committee, along with tives after my election in 1972, to ob- true stories of those great men and Senator STEVENS and me—I know the serve Senator STEVENS as he worked women who, in the most critical test in right grammar, you see—along with with Howard Baker as the Republican the history of our country, defeated the Senator from Mississippi, and me. leaders of the Senate and to come to the axis powers in Germany and in the Some might think I should say the respect him and know him and then to Pacific and saw to it that this democ- Senator from Mississippi and I. join the Senate body after the election racy continued. Senator STEVENS I am supposed to say it, because I am of 1978. He has been a mentor and a fought bravely for this country in the talking in a different vein, but Senator dear friend throughout my career in Pacific. As I was born in 1944, his gen- COCHRAN serves on the Senate Appro- the Senate, and I can say one could eration was seeing to it that I would priations Committee with me. And he have no greater fortune than to serve have the opportunity to live the life I and I—in other words, he, Senator in the presence of Senator BYRD and have and one day actually come to the THAD COCHRAN and I—serve on the Sen- Senator STEVENS and others who were Senate. ate Appropriations Committee to- the true leaders of the Senate when I Senator STEVENS, I wanted to say, as gether, and Senator STEVENS has at was a new Member. a youngster in the Senate, thank you times been the chairman of that Appro- I have come to appreciate and respect for what you have done. You sacrificed, priations Committee. I was the ranking them more as time has gone on. I recall and you have allowed me to be able to member. What I am going to say, Sen- Senator STEVENS becoming chairman, take advantage and eventually come to ator STEVENS and I—I am not supposed after Senator BYRD had served as the Senate. I pass those same com- to talk in the first person. We usually chairman, of the Appropriations Com- pliments on to Mr. COCHRAN and Mr. in the Senate talk to the distinguished mittee. It was my good fortune to be- BYRD. These are three great Americans Senator from Alaska. I want to say to come a member of that committee with whom I am honored to share a Senator STEVENS, though, in the Sen- after only 2 years in the Senate. I have moment today. Congratulations. ate, he is my friend. He knows that. appreciated the opportunity to work The PRESIDING OFFICER. The Sen- Senator STEVENS, I admire you. I re- closely with him ever since. ator from West Virginia is recognized.

VerDate Aug 31 2005 01:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.043 S12APPT1 mstockstill on PROD1PC66 with SENATE S4424 CONGRESSIONAL RECORD — SENATE April 12, 2007 Mr. BYRD. Mr. President, I thank interest, charitable contributions, try who are trying to put their kids Senator COCHRAN, I thank Senator STE- State and local tax deduction. What is through college and who are going to VENS, and I thank the great Senator going to happen there is you are going lose some of the deductions they cur- from Georgia, Senator ISAKSON, for to see this go up; it will be capped, the rently get for student loan interest. their kind words. amount they can deduct. If I take it over to the next chart, the I thank the Chair and I thank God we Take the alternative minimum tax, credit for child dependent care ex- were here today. I thank our Heavenly right down here. The alternative min- penses, child tax credit, impacting Father, especially, for this man, this imum tax is going to affect an addi- working families, higher taxes for Senator, TED STEVENS, and for his serv- tional 20 million Americans who are working families, higher taxes for low- ice to our country and to the Senate. I going to have to pay that. income Americans because of the salute him as one of the great Senators How about the credit for child and earned-income tax credit, and again, of my time—and I have been here a dependent care expenses, which is most importantly probably in all of long time. something the working families in this this, the 10-percent rate lower income I yield the floor. country take advantage of. There Americans currently pay is gone, it is Mr. COCHRAN. Mr. President, I sug- again, that credit is going to be slashed eliminated—gone, boom. Every tax gest the absence of a quorum. by 31 percent. rate on the rate schedule today is The PRESIDING OFFICER. The The child tax credit that a lot of going to go up, from 25 percent to 28 clerk will call the roll. working families in this country take percent, from 28 percent to 31 percent, The assistant legislative clerk pro- advantage of is currently at $1,000. from 33 percent to 36 percent, and from ceeded to call the roll. That also is going to be slashed in half 35 percent to 39.6 percent. Every person Mr. THUNE. Mr. President, I ask from $1,000 down to $500. in this country who pays taxes today is unanimous consent that the order for Let’s take a look at the earned-in- going to see a higher tax bill because of the quorum call be rescinded. come tax credit. Again, this is a credit this Democratic budget. And as I said— The PRESIDING OFFICER. Without which is taken advantage of by a lot of every State can check this out for objection, it is so ordered. lower income working Americans and a themselves—in my State of South Da- TAX DAY lot of people who are serving their kota, a typical bill is going to go up by Mr. THUNE. Mr. President, I rise country—soldiers, men and women in $2,596 over this year. today because it is that time of year uniform—slashed. That is the bottom line. That is the again. Tax day is almost upon us. As Let’s take a look at the tax rate bottom line on the Democratic budg- millions of Americans rush to get their schedule, too, because I think this is et—higher taxes, the highest, biggest taxes done this weekend, and many very important. If you are a taxpayer increase in taxes in America’s history. having just completed the process, we today paying at the 10-percent tax Mr. President, I yield the floor, and I all know what a pain it is to have your rate, the 10-percent tax rate is boom, suggest the absence of a quorum. hard-earned dollars taken away by the gone, boom, gone, boom, gone, boom, The PRESIDING OFFICER. The Government. gone. If you are paying at the 25-per- clerk will call the roll. Mr. President, if you thought this cent tax rates, your taxes are going to The legislative clerk proceeded to year was painful, I have terrible news go up to 28 percent. You lose the 25-per- call the roll. for you. It is going to get a lot worse. cent rate. If you are paying at the 28- Mr. KENNEDY. Mr. President, I ask Under the new management in Con- percent rate, your taxes are going to go unanimous consent the order for the gress, the Democrats have proposed a up to 31 percent. If you are someone quorum call be rescinded. budget that would result in the largest who is paying currently at the 33-per- The PRESIDING OFFICER. Without tax increase in America’s history. That cent rate, your taxes are going to go objection, it is so ordered. means more money will be taken away up—boom—to 36 percent. If you are CONGRATULATING SENATOR STEVENS from families and small businesses. someone who is currently paying taxes Mr. KENNEDY. Mr. President, to- Since we all just completed one, or are at the 35-percent rate, your taxes are morrow our colleague and friend TED about to do so, I want to have us look going to go up to 39.6 percent. STEVENS will mark his 13,990th day as a at how the Democrats are going to in- So what does all this mean? Every- Senator. It is an auspicious occasion crease America’s taxes on a typical body wants to know, when they do because he will pass Strom Thurmond 1040 tax form. their taxes, what the bottom line is; as the Senator who served longest as a Let’s start up here with filing status. how does it affect me when it comes to member of the Republican Party. Say you are a married couple filing the actual amount of taxes I am going I remember well when TED STEVENS jointly. The marriage penalty is back. to pay? came to the Senate in 1968. It seems That means married couples are going We took a typical family in South like only yesterday. It is a great honor to pay somewhere in the range of an- Dakota to see how it would impact to say we have served together here for other $1,360 more in higher taxes be- them. A typical family in South Da- more than 38 years. cause of the return of the marriage kota, when it comes down to com- TED was appointed to fill the seat of penalty. puting the amount they are going to a true giant of public service, Bob Some taxpayers are going to find owe in taxes under this Democratic Bartlett, the architect of Alaska state- their exemption of $3,300 get cut to budget, will pay an additional $2,596 in hood, who had passed away just before zero. taxes on top of what they are already Christmas in 1968. I can’t help but Go down to dividends and senior citi- paying this year if this Democratic think all these years later that Bob zens. Anybody who has a dividend in budget is enacted. Bartlett would be the first to pay trib- this country is going to see their taxes The point I am simply making is ute to what his friend TED STEVENS has increased on dividends to 39.6 percent, this: When you get behind and read accomplished as his successor in the which is an increase from the current through all the fine print in the Demo- Senate. tax rate on dividends of 15 percent. cratic budget, you come down to one I admire many things about my col- Capital gains. Let’s say you are a simple conclusion: higher taxes—high- league from Alaska, the first and fore- senior citizen and you have capital er taxes for married couples because of most being that he knows why he is gains income. Your tax rate is going to the return of the marriage penalty. here. He came to the Senate 9 years go from 15 percent to 20 percent. You are going to get penalized for after Alaska was admitted to the How about those families that are being married. That is the ‘‘benefit’’ Union, a State nearly a quarter the putting kids through college and are for being married, if the Democratic size of the continental United States now taking advantage of the student budget is enacted; higher taxes for sen- and encompassing some of the most un- loan interest deduction? Well, that, iors, who are going to pay a 39-percent forgiving geography and weather in the too, is going to be capped for families tax rate on dividend income; a 20-per- world. It is a State of tremendous nat- making more than $60,000 a year. cent tax increase, from 15 percent, on ural beauty and indomitable spirit, but Let’s move over to the taxpayers who capital gains distributions; higher also enormous challenges brought itemize deductions, such as mortgage taxes on working families in this coun- about by its immense size, its distance

VerDate Aug 31 2005 01:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.046 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4425 from the lower 48, and its close prox- that trip—and none of it would have The legislative clerk proceeded to imity to the North Pole. happened without TED STEVENS. call the roll. TED STEVENS came to the Senate to I also feel a special closeness with Mr. DURBIN. Mr. President, I ask fight for the State of Alaska and the TED because in addition to the many unanimous consent that the order for wonderful people who call it home. years we have served side by side, we the quorum call be rescinded. More than 38 years later, his purpose both share the same soft-spoken and The PRESIDING OFFICER. Without continues just as clearly and his deter- gentle approach for advancing our pri- objection, it is so ordered. mination just as strong. His skill and orities and the many causes we care Mr. DURBIN. I ask unanimous con- passion in championing the people of about so deeply. I only wish he were a sent to speak as in morning business. his State are a remarkable tribute to Democrat. The PRESIDING OFFICER. Without the bond he has formed with the people I also pay tribute to TED’s wonderful objection, it is so ordered. of Alaska and his colleagues in Con- wife Catherine. She is an extraordinary ANOTHER WARNING ON DARFUR gress. woman, a person of enormous kindness Mr. DURBIN. Mr. President, I rise In fact, TED STEVENS has given his and compassion who has been so under- today to again address the terrible cri- entire career in service to others and standing over the years of the demand- sis in Darfur and the surrounding re- to his country. He is a true public serv- ing and often bizarre schedules we keep gion. For the last few months, I have ant, a servant in the finest sense of the in this Chamber. come to the floor on a weekly basis to word. As a member of the Army Air I have come to know her through her remind my colleagues and those who Corps, he flew with the Flying Tigers impressive service to the Kennedy Cen- follow the transactions in the Senate of the 14th Air Force and earned two ter, where she has made such a great that while we have debated many im- Distinguished Flying Crosses. The slo- impact on the Board of Trustees. This portant issues, we have not done gan of the Army Air Corps in those milestone is very much hers as well. enough when it comes to the genocide days was: The difficult we do imme- We know the innumerable sacrifices a in Darfur. diately, the impossible takes a little Senator’s spouse has to make—espe- About 4 years ago, President Bush longer. cially those who make their home on acknowledged that a genocide was tak- That has certainly been true of his the farthest side of the continent. ing place. It is a rare occurrence for a service in the Senate, too. He has been So I congratulate both TED STEVENS President of the United States to make a respected leader on military issues and Catherine Stevens on this extraor- that admission. I saluted him for that and a strong defender of some of the dinary milestone. Well done, my and praised him because it took cour- bravest workers in the world, our Na- friends, and best wishes for many more age. He said what others were afraid to tion’s fishermen. We share that love for record-breaking days among us. say, that the killing in Darfur of hun- fishermen and for the sea, as our two The PRESIDING OFFICER (Mr. NEL- dreds of thousands of people was, in States are defined by their relationship SON of Florida). The Senator from Alas- fact, a genocide—a calculated effort to with the sea, its bounty, its beauty, ka is recognized. wipe a people off the map. Several hun- and its mystery. Mr. STEVENS. Mr. President, again, dred thousand have died, and more He has answered the call of public I am indebted to my friend from Massa- than a million have been displaced service in countless ways time and chusetts. We have spent many times from their homes. The genocide in time again. I saw his passion and deter- together and, as he says, shared a great Darfur continues to this day. Although mination to improve the lives of Na- many goals. I am very pleased that he we have pronounced this situation to tive Alaskans when I traveled with him would make these remarks. I think be one of the most uncivilized in the in his first year as a Senator to visit that it sort of reminds me of a little bit history of our planet, the fact is that remote villages in Alaska back in April of a little too much ado about nothing, little or nothing has been done to save of 1969, and it is the same passion and but I do appreciate him being here. these poor innocent people. determination I see today. Thank you very much. This week’s newspapers across the TED, Walter Mondale, and I traveled As Senator KENNEDY leaves, I should country were full of stories about over 3,600 miles throughout the State repeat something I have told often, and Sudan. The papers illustrate both the visiting Anchorage, Pilot Station, Arc- that is, back in 1969, as a brandnew ap- expansion of death, destruction, and tic Village, and other villages. We trav- pointed Senator, I joined Senator KEN- chaos in and around Darfur and the in- eled at times by ski plane and even by NEDY and others in going to the vil- ability or unwillingness of the United dogsled. lages of Alaska. We found mold on the States and other countries to stop this We were traveling with the Senate hospital walls in Bethel. When we came violence. Subcommittee on Indian Education, back, we started the process of replac- Wednesday’s Washington Post de- and I will never forget what we saw. ing it, and it is a beautiful hospital scribed how Sudanese jingaweit mili- There were no Native Alaskan teachers today. tiamen crossed over the border into and few spoke native languages, mak- But we also went to the small vil- neighboring Chad and killed hundreds ing it nearly impossible for the school- lages. We went down to Pilots Station, of people. This article, which I came children to learn, many of whom had and we were walking through this lit- across as I was reading the paper, is never even heard English. We saw vil- tle village. All of a sudden, a little boy, graphic. A report in the Washington lages where people had to walk 2 miles baby boy, came running out, had a top Post through the Associated Press on through frozen tundra to find drinking on, but he obviously had lost his dia- April 10 says that: water and other villages where only 8 per. out of 100 Native Alaskans were grad- My friend scooped him up, unzipped Sudanese Janjaweed militiamen killed as many as 400 people in the volatile eastern uating from high school. his parka, and put him inside. We border region near Sudan, leaving an ‘‘apoca- I remember our subcommittee hear- walked around to find out where his lyptic’’ scene of mass graves and destruction, ing in Fairbanks and the Pilot Station home was. We came to this nice, small, the U.N. refugee agency said Tuesday. teacher who told us that the warmest well-kept native cabin. It was obvious The U.N. High Commissioner for Ref- she could ever get her classroom was that the mother was looking for her ugees said in this article: zero degrees Fahrenheit. Imagine chil- son. Estimates of the number of dead have in- dren trying to learn when it is that We went in and Senator KENNEDY creased substantially and now range between cold in the classroom. gave her the boy, and there on the wall 200 and 400. Because most of the dead were More than anything else, I remember of that little cabin was his brother, buried where their bodies were found—often TED STEVENS determination to improve President Kennedy’s photograph. It is a in common graves owing to their numbers— the lives of the people and give them small world. I will never forget it. we may never know the exact number. the opportunity to build a better fu- Thank you. The article goes on to say: ture. We were able to pass legislation Mr. President, I yield the floor, and I The attackers encircled the villages, to improve water treatment facilities suggest the absence of a quorum. opened fire, pursued fleeing villagers, robbed in Native Alaskan villages and improve The PRESIDING OFFICER. The women and shot the men, the U.N. High education for the children as a result of clerk will call the roll. Commissioner for Refugees said. Many who

VerDate Aug 31 2005 01:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.051 S12APPT1 mstockstill on PROD1PC66 with SENATE S4426 CONGRESSIONAL RECORD — SENATE April 12, 2007 survived the initial attack died later from would not help the situation by dic- I am not a shareholder in Fidelity, exhaustion and dehydration, often while flee- tating the terms of action. but I have our family investments ing. This article goes on to talk about through mutual funds in this company, Some have argued that the genocide China buying oil from Sudan and hold- and I will be notifying them that if is over, as sad and tragic as it was, that ing veto power in the U.N. Security they do not divest their holdings of it is finished, but this news article tells Council. There have been many critics this Chinese oil company in Sudan on a us a different story. The report of the of China because, frankly, they have timely basis, that I will be changing United Nations High Commissioner for threatened a veto if we try to take ac- my company. I think that is a small Refugees that 200 to 400 people were tion through the Security Council to thing. I don’t have that big of an ac- slaughtered is a grim reminder that deal with the genocide in Darfur. Per- count, but if others will join me in that this country, having declared a geno- haps that is what motivated the Assist- effort, perhaps they will think twice cide in Darfur, cannot stand idly by as ant Foreign Minister Ahzi Jun to hold about these investments. these reports are made. a press conference on his return from a Petrochina and Sinopec are involved When I consider the situation in trip to Sudan. He said at the end of in some of Sudan’s largest oil projects. Darfur, I understand that it is a chal- that press conference: My guess is the retirement accounts of lenge for the United States to think We suggest the Sudan side show flexibility 350 Catholic priests in Los Angeles about what we might do to make this and accept this plan— won’t make a big impact on Fidelity, situation better. We know that vio- That is the peace plan— but I certainly hope a number of others lence is not only spreading across the offered by the U.N. to deploy a hybrid Afri- will join me in letting them know it is border into eastern Chad but continues can Union-U.N. force into Darfur. time to divest of this investment. virtually unabated in this country of These are moderate words from the Along with Senator CORNYN of Texas Sudan. Chinese. I really had hoped for more. and a growing number of bipartisan co- Deputy Secretary of State John But at least they are speaking out, I sponsors, I have introduced legislation Negroponte is traveling to Sudan this think none too soon, as we read this to support efforts by State and local week to deliver a message to Khar- terrible press account of what is occur- governments to divest of holdings in toum. I am hopeful. John Negroponte ring in this region. the Sudan. There are some who say is a seasoned diplomat. He is being sent Recently, the Wall Street Journal, on that divestment is not the way to go. on an important mission. I hope his March 28, 2007, published an article They claim it is just going to take too message is nothing short of a final written by Ronan Farrow and Mia Far- long. But is that an excuse for doing warning that the Government of Sudan row entitled ‘‘The Genocide Olympics.’’ nothing to pressure the Sudanese in must accept the United Nations and That article reminded the readers of the midst of a genocide? African Union peacekeeping mission the Wall Street Journal of China’s slo- The violence in Darfur has been and that these peacekeeping forces gan for the 2008 Olympics. The slogan going on for 4 years. The President de- must have the numbers, the equip- is ‘‘One World, One Dream.’’ But what clared 2 years ago that this was geno- they note here is that what is going on ment, and the mandate to truly protect cide. To say divestment is too slow ig- in Darfur is a nightmare, and the Chi- the innocent people of that country. nores the fact that every pressure nese have to do something about it. I have read newspaper accounts that point we apply makes it a little bit They make a point—and one we all ap- President Bush is angry and frustrated harder for the Sudanese Government to preciate—that we want to believe that over Sudan’s refusal to accept the continue on their present course. I see China is moving into the family of civ- peacekeepers and our collective failure no reason we shouldn’t take every step ilized nations, that the Olympics will to do anything about it. I have spoken we can to end this disaster. Eight be proof of this change in China over personally to the President twice about States and over fifty colleges and uni- the years, but many of us will judge this issue, and both times I have urged versities are leading the way. China not by its slogans or its press re- I am proud that my home State of Il- him, having shown the courage to de- leases but by its actions. linois was the first to pass divestment clare a genocide in Darfur, to show the This month, the United Kingdom is legislation. Already, investment firms same courage in ordering an action by chairing the U.N. Security Council. that offer Sudan-free investment vehi- the United States that will start to Next month, the United States will cles are tracking billions of invest- protect these people. My frustration hold that position. I think it is impera- ments. Several major European and Ca- and anger grows by the day, but my tive that the United States force a vote nadian companies have ended their op- sadness grows more when I read these on multilateral actions against the Su- erations in the Sudan. The divestment press accounts. danese. That is the only way to move campaign is already having an impact. I have been told by members of the us toward a peacekeeping force. Some people also criticize divest- administration that one thing that Some argue that China may veto ment efforts because anti-apartheid would help would be stronger civil pen- that resolution, but that shouldn’t stop laws from two decades ago are still on alties to levy against persons who cur- us. If they want to go on record as the books in some states and localities. rently violate our sanctions laws standing in the way of stopping this The bipartisan bill I have introduced against Sudan. I am happy to introduce genocide, so be it. It will be a bitter with Senator CORNYN addresses this legislation which would do that. I also commentary on their aspirations for issue with a sunset clause: If the Fed- believe we need to strengthen sanction one world and one dream. eral Government lifts its sanctions laws themselves to provide additional There is also an effort underway in against Sudan, the authorization pro- resources to ensure their enforcement. the United States for divestment. The vided in our bill would expire. Even more importantly, we must con- Los Angeles Times reports the Council Finally, some argue that State gov- vince the world to act as well. of Priests of the Archdiocese of Los An- ernments should not be making Fed- The largest single economic player in geles has added their voice in calling eral policy. Divestment is about States the Sudan today is China. The single for divestment of companies operating making choices about how they invest greatest export for Sudan is oil. in Sudan. At the urging of one of their their pensions and other funds. The Petrochina, the Chinese company, is a members—a priest who is a former Durbin-Brownback bill recognizes that major player in that nation. That of- stockbroker—the council wrote to the choice and extends Federal support for fers the Chinese powerful leverage to firm which handles the retirement ac- it in the face of ongoing genocide in convince the Khartoum Government to counts for the 350 priests in the Arch- Sudan. accept U.N. peacekeepers. diocese urging it to sell its shares in I ask unanimous consent that an ar- In this morning’s Washington Post, Petrochina and Sinopec Corporation. ticle I am about to refer to be printed in what is billed as an unusually strong That investment firm is Fidelity, in the RECORD after my reference. message, the Chinese urged Sudan on which is the single largest U.S. holder The PRESIDING OFFICER. Without Wednesday to show more flexibility on of American shares in Petrochina. objection, it is so ordered. a peace plan for the devastated Darfur They have reportedly been hearing (See exhibit 1.) region, but they went on to say the from thousands of their shareholders Mr. DURBIN. Mr. President, this ar- Chinese said that other countries on this subject. ticle is from the Atlantic Magazine,

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.053 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4427 April 2007 issue. I came across it and could no longer support both herder and Group’s project director for the Horn of Afri- was attracted to the title of this arti- farmer. Many tribesmen had lost their stock ca. cle by Steven Faris titled ‘‘The Real and scratched at millet farming on marginal Why did Darfur’s lands fail? For much of plots. the 1980s and ’90s, environmental degrada- Roots of Darfur.’’ The God-given order was broken, the tion in Darfur and other parts of the Sahel When we have this debate about glob- sheikh said, and he feared the future. ‘‘The (the semi-arid region just south of the Sa- al warming and talk about climate way the world was set up since time imme- hara) was blamed on the inhabitants. Dra- change, we talk about the impact it morial was being disturbed,’’ recalled de matic declines in rainfall were attributed to might have on a great State such as Waal. And it was bewildering, depressing. mistreatment of the region’s vegetation. Im- Florida over many years and other And the consequences were terrible.’’ prudent land use, it was argued, exposed places around the world. Mr. Faris In 2003, another scourge, now infamous, more rock and sand, which absorb less sun- swept across Darfur. Janjaweed fighters in light than plants, instead reflecting it back writes an article that talks about the military uniforms, mounted on camels and toward space. This cooled the air near the climate change in this area, the Darfur horses, laid waste to the region. In a cam- surface, drawing clouds downward and reduc- region, which has taken place over the paign of ethnic cleansing targeting Darfur’s ing the chance of rain. ‘Africans were said to last several years. What they once blacks, the armed militiamen raped women, be doing it to themselves;’ says Isaac Held, a billed as an occasional drought or bad burned houses, and tortured and killed men senior scientist at the National Oceanic and agricultural practices now has become offighting age. Through whole swaths of the Atmospheric Administration. a recurring trend. region, they left only smoke curling into the But by the time of the Darfur conflict four sky. years ago, scientists had identified another Here is what Mr. Faris wrote in the At their head was a 6-foot-4 Arab with an cause. Climate scientists fed historical sea- Atlantic Magazine: athletic build and a commanding presence. surface temperatures into a variety of com- By the time of the Darfur conflict 4 years In a conflict the United States would later puter models of atmospheric change. Given ago, scientists had identified another cause. call genocide, he topped the State Depart- the particular pattern of ocean-temperature Climate scientists fed historical sea-surface ment’s list of suspected war criminals. De changes worldwide, the models strongly pre- temperatures into a variety of computer Waal recognized him: His name was Musa dicted a disruption in African monsoons. models about atmospheric change. Given the Hilal, and he was the sheikh’s son. ‘‘This was not caused by people cutting particular pattern of ocean temperature The fighting in Darfur is usually described trees, or overgrazing; says Columbia Univer- changes worldwide, the model strongly pre- as racially motivated, pitting mounted sity’s Alessandra Giannini, who led one of dicted a disruption in African monsoons. Arabs against black rebels and civilians. But the analyses. The roots of the drying of Of course, the rainy seasons. the fault lines have their origins in another Darfur, she and her colleagues had found, lay Columbia University’s Alessandra distinction, between settled farmers and no- in changes to the global climate. madic herders fighting over failing lands. The extent to which those changes can be Giannini led one of the analyses and The aggression of the warlord Musa Hilal can blamed on human activities remains an open said: be traced to the fears of his father, and to question. Most scientists agree that green- This was not caused by people cutting how climate change shattered a way of life. house gases have warmed the tropical and trees or overgrazing. The roots of the drying Until the rains began to fail, the sheikh’s southern oceans. But just how much artifi- of Darfur, she and her colleagues have found, people lived amicably with the settled farm- cial warming—as opposed to natural drifts in lay in changes to the global climate. ers. The nomads were welcome passers- oceanic temperatures—contributed to the There is a competition here for land through, grazing their camels on the rocky drought that struck Darfur is as debatable as hillsides that separated the fertile plots. The between farmers and those who have the relationship between global warming and farmers would share their wells, and the the destruction of New Orleans. ‘‘Nobody can livestock, and that is part of the ten- herders would feed their stock on the say that Hurricane Katrina was definitely sion in this area. leavings from the harvest. But with the caused by climate change,’’ says Peter The article goes on to conclude: drought, the farmers began to fence off their Schwartz, the co-author of a 2003 Pentagon With countries across the region and land-even fallow land—for fear it would be report on climate change and national secu- around the world suffering similar pressures, ruined by passing herds. A few tribes drifted rity. ‘‘But we can say that climate change some see Darfur as a canary in the coal elsewhere or took up farming, but the Arab means more Katrinas. For any single storm, mine, a foretaste of climate-driven political herders stuck to their fraying livelihoods— as with any single drought, it’s difficult to chaos. nomadic herding was central to their cul- say. But we can say we’ll get more big tural identity. (The distinction between storms and more severe droughts.’’ Environmental degradation creates ‘‘Arab’’ and ‘‘African’’ in Darfur is defined With countries across the region and very dry tinder, so if someone wants to more by lifestyle than any physical dif- around the world suffering similar pressures, light a match to it, they can light it ference: Arabs are generally herders, Afri- some see Darfur as a canary in the coal up. cans typically farmers. The two groups are mine, a foretaste of climate-driven political I wish to put this into the CONGRES- not racially distinct.) chaos. Environmental degradation ‘‘creates SIONAL RECORD for those who follow The name Darfur means ‘‘Land of the Fur’’ very dry tinder,’’ says de Waal. ‘‘So if any- this debate because I have spoken (the largest single tribe of farmers in one wants to put a match to it, they can about a lot of reasons for the violence Darfur), but the vast region holds the tribal light it up.’’ Combustion might be particu- lands—the dars—of many tribes. In the late larly likely in areas where the political or here, and it is the first time I have seen 1980s, landless and increasingly desperate social geography is already fragile. ‘‘Climate a suggestion of environmental causa- Arabs began banding together to wrest their change is likely to cause tension all over the tion. own dar from the black farmers. In 1987, they world,’’ says Idean Salehyan, a political sci- EXHIBIT 1 published a manifesto of racial superiority, entist at the University of North Texas. and clashes broke out between Arabs and THE REAL ROOTS OF DARFUR Whether or not it sparks conflict, he says, Fur. About 3,000 people, mostly Fur, were depends on the strength, goodwill, and com- (By Stephan Faris) killed, and hundreds of villages and nomadic petence of local and national governments. To truly understand the crisis in Darfur— camps were burned before a peace agreement (For more on the economic, political, and and it has been profoundly misunderstood— was signed in 1989. More fighting in the 1990s military tensions that global warming might you need to look back to the mid-1980s, be- entrenched the divisions between Arabs and create, see ‘‘Global Warming: What’s in It for fore the violence between African and Arab non-Arabs, pitting the Arab pastoralists You?’’ by Gregg Easterbrook, on page 52.) began to simmer. Alex de Waal, now a pro- against the Fur, Zaghawa, and Massaleit In Darfur itself, recognizing climate gram director at the Social Science Research farmers. In these disputes, Sudan’s central change as a player in the conflict means Council, was there at that time, as a doc- government, seated in Khartoum, often sup- seeking a solution beyond a political treaty toral candidate doing anthropological ported the Arabs politically and sometimes between the rebels and the government. fieldwork. Earlier this year, he told me a provided arms. ‘‘One can see a way of de-escalating the story that, he says, keeps coming back to In 2003, a rebellion began in Darfur—a reac- war,’’ says de Waal. ‘‘But unless you get at him. De Waal was traveling through the dry tion against Khartoum’s neglect and polit- the underlying roots, it’ll just spring back.’’ scrub of Darfur, studying indigenous reac- ical marginalization of the region. And while One goal of the internationally sponsored tions to the drought that gripped the region. the rebels initially sought a pan-ethnic peace process is the eventual return of locals In a herders’ camp near the desert’s border, front, the schism between those who opposed to their land. But what if there’s no longer he met with a bedridden and nearly blind the government and those who supported it enough decent land to go around? Arab sheikh named Hilal Abdalla, who said broke largely on ethnic lines. Even so, the To create a new status quo, one with the he was noticing things he had never seen be- conflict was rooted more in land envy than moral authority of the God-given order fore: Sand blew into fertile land, and the rare in ethnic hatred. ‘‘Interestingly, most of the mourned by Musa Hilal’s father, local lead- rain washed away alluvial soil. Farmers who Arab tribes who have their own land rights ers would have to put aside old agreements had once hosted his tribe and his camels did not join the government’s fight,’’ says and carve out new ones. Lifestyles and agri- were now blocking their migration; the land David Mozersky, the International Crisis cultural practices would likely need to

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.054 S12APPT1 mstockstill on PROD1PC66 with SENATE S4428 CONGRESSIONAL RECORD — SENATE April 12, 2007 change to accommodate many tribes on EXHIBIT 2 The PRESIDING OFFICER. The more fragile land. Widespread investment [From the Wall Street Journal] clerk will call the roll. and education would be necessary. THE GENOCIDE OLYMPICS The assistant legislative clerk pro- But with Khartoum uncooperative, cre- (By Ronan Farrow and Mia Farrow) ceeded to call the roll. ating the conditions conducive to these sorts ‘‘One World, One Dream’’ is China’s slogan Mr. REID. Mr. President, I ask unan- of solutions would probably require not only for its 2008 Olympics. But there is one night- forceful foreign intervention but also a long- imous consent that the order for the mare that China shouldn’t be allowed to quorum call be rescinded. term stay. Environmental degradation sweep under the rug. That nightmare is The PRESIDING OFFICER (Mr. DUR- means the local authorities have little or no Darfur, where more than 400,000 people have surplus to use for tribal buy-offs, land deals, been killed and more than two-and-a-half BIN). Without objection, it is so or- or coalition building. And fighting makes it million driven from flaming villages by the dered. nearly impossible to rethink land ownership Chinese-backed government of Sudan. Mr. REID. Mr. President, I ask unan- or management. ‘‘The first thing you’ve got That so many corporate sponsors want the imous consent that the motion to pro- to do is stop the carnage and allow mod- world to look away from that atrocity dur- ceed to S. 372 be agreed to. erates to come to the fore,’’ says Thomas ing the games is bad enough. But equally dis- The PRESIDING OFFICER. Without Homer-Dixon, a political scientist at the appointing is the decision of artists like di- University of Toronto. Yet even once that rector Steven Spielberg—who quietly visited objection, it is so ordered. happens, he admits, ‘‘these processes can China this month as he prepares to help f take decades.’’ stage the Olympic ceremonies—to sanitize INTELLIGENCE AUTHORIZATION Beijing’s image. Is Mr. Spielberg, who in 1994 Among the implications arising from the ACT FOR FISCAL YEAR 2007 ecological origin of the Darfur crisis, the founded the Shoah Foundation to record the most significant may be moral. If the re- testimony of survivors of the holocaust, The PRESIDING OFFICER. The gion’s collapse was in some part caused by aware that China is bankrolling Darfur’s clerk will state the bill by title. the emissions from our factories, power genocide? The assistant legislative clerk read China is pouring billions of dollars into plants, and automobiles, we bear some re- as follows: sponsibility for the dying. ‘‘This changes us Sudan. Beijing purchases an overwhelming A bill (S. 372) to authorize appropriations from the position of Good Samaritans—disin- majority of Sudan’s annual oil exports and for fiscal year 2007 for the intelligence and terested, uninvolved people who may feel a state-owned China National Petroleum intelligence-related activities of the United moral obligation—to a position where we, Corp.—an official partner of the upcoming States Government, the Intelligence Com- unconsciously and without malice, created Olympic Games—owns the largest shares in munity Management Account, and the Cen- the conditions that led to this crisis,’’ says each of Sudan’s two major oil consortia. The tral Intelligence Agency Retirement and Dis- Michael Byers, a political scientist at the Sudanese government uses as much as 80% of ability System, and for other purposes. University of British Columbia. ‘‘We cannot proceeds from those sales to fund its brutal stand by and look at it as a situation of dis- Janjaweed proxy militia and purchase their CLOTURE MOTION cretionary involvement. We are already in- instruments of destruction: bombers, assault Mr. REID. Mr. President, I send a volved.’’ helicopters, armored vehicles and small arms, most of them of Chinese manufacture. cloture motion to the desk. Mr. DURBIN. Mr. President, I would Airstrips constructed and operated by the The PRESIDING OFFICER. The like to also ask unanimous consent Chinese have been used to launch bombing clerk will report the motion. that the article I referred to in the campaigns on villages. And China has used The legislative clerk read as follows: Wall Street Journal be printed in the its veto power on the U.N. Security Council CLOTURE MOTION to repeatedly obstruct efforts by the U.S. We, the undersigned Senators, in accord- RECORD at the end of my remarks. and the U.K. to introduce peacekeepers to ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without curtail the slaughter. objection, it is so ordered. As one of the few players whose support is Standing Rules of the Senate, hereby move to bring to a close debate on Calendar No. 20, (See exhibit 2.) indispensable to Sudan, China has the power to, at the very least, insist that Khartoum S. 372, the Intelligence Authorization bill of Mr. DURBIN. Divestment is not the accept a robust international peacekeeping 2007. only answer, nor are stepped-up U.S. force to protect defenseless civilians in Harry Reid, Chuck Schumer, Russell D. sanctions or even multilateral U.S. Darfur. Beijing is uniquely positioned to put Feingold, Jay Rockefeller, Evan Bayh, sanctions, but together these steps a stop to the slaughter, yet they have so far Patty Murray, Dick Durbin, Jeff might work. Hundreds of thousands of been unabashed in their refusal to do so. Bingaman, Robert Menendez, B.A. Mi- kulski, Dianne Feinstein, Bill Nelson, people in Darfur have been killed, and But there is now one thing that China may hold more dear than their unfettered access E. Benjamin Nelson, S. Whitehouse, millions have been driven from their to Sudanese oil: their successful staging of Byron L. Dorgan, Blanche L. Lincoln, homes. It is too late to repeat the the 2008 Summer Olympics. That desire may Ron Wyden. empty promise of ‘‘never again,’’ but provide a lone point of leverage with a coun- we can at least live up to the pledge of try that has otherwise been impervious to all Mr. REID. Mr. President, I ask unan- no more. criticism. Whether that opportunity goes unexploited imous consent that the mandatory live I am reminded of my former col- lies in the hands of the high-profile sup- quorum be waived and the cloture vote league, boss, and mentor, Paul Simon porters of these Olympic Games. Corporate occur on Monday, April 16, at 5:30 p.m. of Illinois, who in 1994 joined Senator sponsors like Johnson & Johnson, Coca-Cola, The PRESIDING OFFICER. Without Jim Jeffords in asking that troops be General Electric and McDonalds, and key objection, it is so ordered. sent to Rwanda to try to stop the mas- collaborators like Mr. Spielberg, should be Mr. REID. Mr. President, I ask unan- put on notice. For there is another slogan sacre. We were told that 5,000 soldiers imous consent that the Senate resume could have stopped that massacre of afoot, one that is fast becoming viral amongst advocacy groups; rather than ‘‘One consideration of the bill on Monday at 800,000 innocent people. No action was World, One Dream,’’ people are beginning to 3 p.m. and that Senator ROCKEFELLER taken. These innocent people died. speak of the coming ‘‘Genocide Olympics.’’ be recognized at that time to offer a Senator Simon and Senator Jeffords Does Mr. Spielberg really want to go down managers’ amendment on behalf of did their best to try to call the atten- in history as the Leni Riefenstahl of the Bei- himself and Senator BOND. tion of Congress and the Government jing Games? Do the various television spon- The PRESIDING OFFICER. Without sors around the world want to share in that and the world to what was happening objection, it is so ordered. in that nation, to no avail. shame? Because they will. Unless, of course, all of them add their singularly well-posi- Mr. REID. Mr. President, earlier But they can at least take satisfac- tioned voices to the growing calls for Chi- today the Senate invoked cloture on tion—the late Paul Simon and Jim Jef- nese action to end the slaughter in Darfur. the motion to proceed to the fiscal fords—that they did their best as Mem- Imagine if such calls were to succeed in year 2007 Intelligence authorization bers of the Senate. So many of my col- pushing the Chinese government to use its bill. leagues on both sides of the aisle joined leverage over Sudan to protect civilians in Darfur. The 2008 Beijing Olympics really However, as a result of objections me in this bipartisan effort to call at- could become an occasion for pride and cele- from the other side, the Senate now tention to the genocide in Darfur and bration, a truly international honoring of finds itself in the unfortunate position to urge our Government to take deci- the authentic spirit of ‘‘one world’’ and ‘‘one of having to run out the clock for the sive, meaningful action as quickly as dream.’’ next several days rather than promptly possible to spare these suffering people. Mr. DURBIN. Mr. President, I sug- considering and completing action on I yield the floor. gest the absence of a quorum. this important legislation.

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.013 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4429 Let me remind my colleagues of the This is not good faith debate—it is a try to scare the Congress and the coun- long road we have been down with this cynical effort by the drug companies— try. But the facts just don’t support bill already. their lobbyists in Gucci shoes and the administration claims. The previous Republican-controlled chauffeured limousines—and their sup- To underscore this factfinding effort, Congress failed to pass an intelligence porters—to hold this national security the Army provided financial updates to authorization bill in fiscal year 2006 bill hostage and delay the Senate from the House of Representatives this week and fiscal year 2007—2 years in a row. acting on legislation to help society’s and told House officials that its cur- That is an unprecedented and unac- most vulnerable. rent Army funding could last until the ceptable record for this body: prior to So I ask my colleagues to consider summer. Yet, to listen to the White that, Congress had passed this bill this fair notice: unless I see some signs House, one would think that our sol- every single year for 27 years, often of good faith from the other side of the diers will be out of bullets by Sunday. with the bipartisan support of every aisle toward a reasonable timeframe Another example of facts mattering. Senator. for considering a reasonable number of In remarks this week, before announc- As my colleagues know, the Intel- amendments, I will file cloture on this ing that the troops would see their ligence authorization bill funds the op- bill tomorrow. tours of duty extended for at least 3 erations of the 16 agencies of the U.S. The Senate has a lot of work ahead of months and that his escalation would intelligence community—including the it and it should begin with the swift take many months longer than he first CIA, the FBI, the NSA, the Defense De- consideration and passage of this bill. planned, President Bush spoke of a re- partment—and all the critical work programming request for $1.6 billion they do to keep Americans safe and f from personnel accounts. That is Wash- fight the war on terror. MORNING BUSINESS ington-speak for shifting funds around It includes essential initiatives that Mr. REID. Mr. President, I ask unan- to pay the bills. Basically, the Pen- would improve our efforts to fight ter- imous consent that the Senate now tagon is considering a shift of dollars rorism and control weapons of mass de- proceed to a period for the transaction from September’s payroll budget to struction, enhance our intelligence col- of morning business, with Senators fund the President’s surge plan. Yet, to lection capabilities, and strengthen in- permitted to speak for up to 10 minutes hear the dire claims coming from the telligence oversight. each. White House, this shift would wreak Blocking the passage of this bill, as a The PRESIDING OFFICER. Without havoc on the Pentagon. The truth is handful of Senators on the other side of objection, it is so ordered. that no havoc will ensue. This shift is the aisle have done over the last couple one that the Pentagon has adopted on of years, has left Congress silent on f many occasions in years past, during these important matters and made EMERGENCY SUPPLEMENTAL times of war and peace. This is a sim- America less secure. APPROPRIATIONS ply accounting move, not a major blow Most of us in the Senate recognize Mr. BYRD. Mr. President, early next to the Pentagon’s war machine. how important it is to pass this bill. week, Members of the House and Sen- It is time for the White House to drop We know it is not a partisan issue, that ate will meet to work on the final this trumped-up crisis talk and get there are no political points to be version of the emergency supplemental down to the truth. Let’s take a look at what the House scored on either side. But I am increas- appropriations bill. The Senate’s and Senate have actually approved. ingly disappointed at the continued ob- version of this legislation provides $123 The House and the Senate, on a bipar- structionism by several Republicans on billion primarily for the wars in Iraq tisan basis, have each approved nearly a matter of national security. and Afghanistan, for improving the Earlier this year, Chairman ROCKE- $100 billion for our soldiers, sailors, air- health care for returning soldiers and FELLER and Vice Chairman BOND at- men, and marines. The House and the veterans, for continued Hurricane tempted to bring this bill up for consid- Senate, on a bipartisan basis, approved Katrina recovery for the gulf coast, to eration. We were told the objections of funding to improve the health care of fill major gaps in homeland security, a single Senator on the other side of our troops and our veterans. The House and to provide emergency drought re- the aisle blocked their efforts. and Senate, on a bipartisan basis, ap- lief for farmers. The President has as- I have heard that some Senators on proved funding to speed long-delayed serted that Congress is holding funding the other side of the aisle are inter- Hurricane Katrina reconstruction. The for the troops hostage for what he calls ested in offering amendments, yet at House and Senate, on a bipartisan ‘‘porkbarrel’’ spending. What nonsense. this time none of these amendments basis, approved funding to close the Facts matter. Once again, the Presi- have surfaced or seen the light of day. major gaps in our homeland security I would certainly like to be reason- dent does not seem to know the facts. that could be exploited at any moment. able and accommodate every Senator’s This is legislation that meets some of These priorities, the White House interest in debating amendments of- the most critical needs of our troops claims, are extraneous and wasteful. fered in good faith, but I am increas- and our Nation. On top of the $38 billion already ap- ingly concerned that we are seeing ob- In the days since the Senate ap- proved by Congress for the reconstruc- structionism and delay tactics, rather proved this legislation, the White tion of Iraq, now the White House has than productive debate. House has taken on the regular prac- requested $3.7 billion more to rebuild Some may wonder what is behind the tice of demonizing the Congress and at- Iraq. I cannot understand how the delay. At a time of war, why would a tacking the bipartisan bill. On Tues- White House can champion another $3.7 handful of Senators be willing to hold day, for instance, President Bush re- billion to rebuild Baghdad but object to up a bill that is crucial to our national peated his hollow claims that the $3.3 billion to rebuild the hurricane- security? Army will run out of money if Congress ravaged gulf coast of America. I cannot Why would a group of Senators hold doesn’t finish this legislation by the understand how the White House can up a bill that has always passed quick- weekend. What nonsense. press Congress to build new hospitals ly, with little debate or amendment? The nonpartisan Congressional Re- in Iraq but object to $1.7 billion to pro- Why would they hold up a bill that search Service has reported that the vide first-class health care for our vet- enjoys overwhelming bipartisan sup- Army can use the dollars that Congress erans and another $1.3 billion for our port? has already appropriated—some $52 bil- troops returning home from war. It appears the answer lies not in the lion—to help the Pentagon reach the When this legislation is finished, we legislation before us now but the legis- end of May. Fifty-two billion dollars. will have a responsible plan that pro- lation the Senate will turn to next: Unless the administration has a new vides key resources for our troops, A Medicare bill that will lower drug military adventure up its sleeve that takes care of our veterans returning costs for seniors and people with dis- the country doesn’t know about, that home from war, and rebuilds the com- abilities by giving the Federal Govern- $52 billion will easily pay for continued munities laid to waste by Hurricane ment the power to negotiate drug operations in Iraq. Katrina. And Congress will listen to prices with some of this Nation’s most The White House is spinning an the American people and craft a re- powerful and profitable companies. imaginary tale of doom and gloom to sponsible framework for the Iraqis to

VerDate Aug 31 2005 01:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.016 S12APPT1 mstockstill on PROD1PC66 with SENATE S4430 CONGRESSIONAL RECORD — SENATE April 12, 2007 take control of their own nation. This that the chemical weapons are disposed takes into account both the challenges is not legislation that should be vetoed of in a timely fashion. In the past, the that ex-offenders face and the role of by this President; this is legislation department has chosen to tie itself in law enforcement and community and that he should sign into law. bureaucratic knots over the program. family-based programs in successful re- We will announce a conference sched- Those days need to end. These chem- entry. That is why I am pleased to join ule soon and move forward quickly. ical weapons need to be destroyed. The my colleagues in support of the Second Our goal is to have the final legislation people of Madison County deserve no Chance Act. This legislation provides to President Bush by the end of the less. an opportunity for law enforcement, month. f communities, and families to give former offenders a helping hand that f RECIDIVISM REDUCTION AND the vast majority of them will use to ASSEMBLED CHEMICAL WEAPONS SECOND CHANCE ACT become productive members of society. ALTERNATIVES PROGRAM Mr. KENNEDY. Mr. President, for far The Second Chance Act provides fi- Mr. MCCONNELL. Mr. President, I too long the criminal justice system nancial support, research, and guidance rise today to discuss the future of the has failed to adequately address recidi- for proven and cost-effective solutions Assembled Chemical Weapons Alter- vism, and that failure has imposed a to the health, housing, substance native, ACWA, program, which is of large financial and social cost on the abuse, education, and employment vital importance to the people of Madi- Nation. Even the best-intentioned pris- challenges that former offenders face son County, KY. oners face debilitating challenges when in reintegrating into their commu- The people of Madison County are they rejoin their communities, yet the nities. It funds mentoring grants, dem- living right next door to over 500 tons current system leaves them ill-pre- onstration grants, drug treatment, and of the deadliest material ever con- pared to face those challenges. family-based treatment. It authorizes ceived by man. It is stored at the Blue Our existing policies of mass incar- the National Institute of Justice to Grass Army Depot, BGAD. Understand- ceration and release are not working. conduct research on offender reentry ably, those in the nearby community Large prison populations and high re- and on the need for a national resource would like to see these weapons dis- cidivism rates place heavy burdens on center for State, local, and community posed of as safely and quickly as pos- prisons, communities, and taxpayers. service providers to collect and dis- sible. It is the mission of the ACWA Of the 2.2 million persons housed in seminate best practices. The bill also program, as well as the Department of prisons today—an average annual in- creates an interagency taskforce to re- Defense, to do just that. crease of 3 percent in the past decade— view and report to Congress on the Recently, the program manager for 97 percent will be released into the Federal barriers that so many ex-of- ACWA, Mike Parker, decided to retire. community. Overcrowding continues to fenders face. Mike has left big shoes to fill. The plague the system. State prisons are question then is, who will take Mike’s operating at full capacity and some- A second chance starts with a place place? Whoever is picked to perma- times as much as 14 percent above ca- to live. This bill will promote programs nently fill his position will need to pos- pacity, and Federal prisons are 34 per- that help recently released inmates sess a number of qualifications. These cent above capacity. In 2005, prison overcome the first major hurdle they traits include an appreciation for the populations in 14 States rose at least 5 face—finding safe, adequate, and af- unique culture at ACWA. Central to percent. Recidivism and inadequate re- fordable housing. 15 to 27 percent of that culture is the willingness to work entry programs add to the problem. prisoners expect to go to homeless collaboratively and openly with the Over 600,000 prisoners are released each shelters upon release. Figures pub- local community and with Congress. It year, but two-thirds of them are ar- lished by the Volunteers of America in would be unfortunate if the new pro- rested again within 3 years. 2004 indicated that two-thirds of former gram manager, whoever it may be, The social cost of recidivism is dev- prisoners who lacked adequate housing were to attempt to impose solutions astating to communities, and it also had committed crimes within 1 year of unilaterally onto the community and imposes a financial burden. States their release, compared to only one- to act without transparency and con- spend an average of approximately quarter of those who had housing. An- sultation with Congress. I also trust $22,000 annually to house a prisoner. other recent study released by the Na- that the new program manager will un- Taxpayers spend more than $60 billion tional Criminal Justice Reference derstand the need to complete work at annually on corrections, more than six Service showed that 30–50 percent of BGAD as soon as is safely possible; not times the $9 billion spent 25 years ago. parolees in urban areas such as Los An- as soon as the department finds it to be Yet the current system still fails to geles and San Francisco are homeless, convenient. adequately support the essential pro- which compounds the profound hard- Finally, the new program manager grams for health, housing, substance ship that re-integration already places needs to be fully committed to chem- abuse, education, and employment that on urban communities. The Second ical neutralization at BGAD as this ap- ex-offenders need to reintegrate into Chance Act supports our communities proach has already been selected by the their communities. Even community and local law enforcement by sup- department, embraced by the commu- and local law enforcement programs porting housing programs for ex-of- nity and endorsed by the state of Ken- that are effective in helping ex-offend- fenders, so that they can take the first tucky. Any variance from this path ers often lack adequate resources and steps towards getting back on their would only lead to additional delay in guidance. feet and rejoining the community. eliminating the risks associated with Future generations will bear the bur- The Second Chance Act also supports these stored weapons. den created by today’s high recidivism mental health care and substance The job of disposing of chemical rates. In 2006, the Department of abuse treatment programs that are weapons at BGAD is not just to be laid Health and Human Services reported vital to many ex-offenders as they at the feet of the program manager for that 2 million children nationwide have struggle to reintegrate. Nearly a quar- ACWA. It is a mission entrusted to the an incarcerated parent. Studies suggest ter of State prisoners and jail inmates Department of Defense. Accordingly, that these children are seven times with a mental health problem had the department itself needs to provide more likely to end up in prison them- served three or more prior incarcer- oversight over ACWA to ensure that selves. One study found that as many ations, yet two-thirds of State pris- the new program manager is acting in as 1 in 10 will have been incarcerated oners do not receive mental health a manner consistent with the way before reaching adulthood. Of the ap- treatment. In substance abuse treat- ACWA has conducted its business in proximately 100,000 juveniles who are ment, more than two-thirds of State the past. Those at the department also currently incarcerated, many will be- prisoners have been regular drug users need to support the ACWA program come recidivists because of a lack of ef- at some point during their lives, and manager’s mission by providing suffi- fective reentry programs. one-third had committed the crime for cient funding in the annual budget re- This increasingly serious failure de- which they were imprisoned while quest, in the $450–500 million range, so mands a comprehensive solution that under the influence of drugs.

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.014 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4431 According to a recent Bureau of Jus- based programs to reintegrate them According to the National Institute of tice Statistics report, of the approxi- after incarceration. To help give juve- Corrections: mately 50 percent of prisoners who met nile ex-offenders the second chance [T]he lack of personal protection for elder- the criteria for drug dependence or they need to become positive forces in ly inmates, which may be frail and therefore abuse, less than half participated in their communities, this bill reauthor- vulnerable to the threats of assault by drug treatment programs since their izes the Juvenile Offender Reentry younger predatory inmates, contributes to admission to prison. To address these Demonstration Projects, creates a re- the emotional stress and physical deteriora- issues, the Second Chance Act reau- source center to collect data and pro- tion they routinely experience, especially thorizes mental health care and sub- vide guidance concerning best prac- among those who may be already vulnerable owing to chronic illness. stance abuse treatment demonstration tices for juvenile reentry, offers grants projects and provides resources and to improve educational methods in ju- Housing nonviolent elderly offenders best practices research to comprehen- venile facilities, and supports commu- is not just a financial issue. It is also a sive community-based and family- nity and family-based juvenile humanitarian problem for which we based substance abuse programs. The aftercare programs. must find new solutions. programs supported by this legislation In Massachusetts, programs like Forty-one states already offer some give ex-offenders the care and treat- those that the Second Chance Act kind of early limited release program ment they need to remain drug free would authorize have already been na- for elderly inmates. The American Bar and out of prison. tionally recognized for their success. In Association has recently endorsed a We also cannot expect ex-offenders to Hampden County, Sheriff Michael Ashe proposed amendment to the sentencing become productive members of the and the Hampden County Sheriff’s De- guidelines to allow more lenient sen- community if they don’t have the edu- partment have shown that law enforce- tencing for nonviolent elderly offend- cation and vocational training they ment and community-based reentry ers. By supporting the Elderly Non- need to find jobs. The Bureau of Jus- programs that focus on education, em- violent Offender Pilot Program, Con- tice Statistics reports that only 46 per- ployment and treatment are the most gress takes an important step towards cent of incarcerated individuals have a effective way to reduce recidivism and addressing the humanitarian and finan- high school diploma or its equivalent. improve community safety. States cial challenges of housing an aging The limited availability of education such as Massachusetts have been cre- prison population. The Federal Bureau and vocational training programs exac- ating innovative and effective reentry of Prisons estimates that 378 non- erbates the problem. Only 5 percent of programs, and it is time for the Fed- violent elderly offenders, and an aver- jail jurisdictions offer vocational train- eral Government to do its part. Sup- age of 53 nonviolent elderly offenders a ing, and 33 percent of jurisdictions porting such programs is the surest year over the next decade, will be eligi- offer no educational or vocational way to ensure that when ex-offenders ble for the program. It offers an oppor- training at all. leave prison, they go with the skills, tunity to demonstrate the effectiveness Research shows what a profound ef- guidance, and support they need to suc- of alternatives to housing elderly in- fect such programs have on decreasing ceed. mates, and I hope its success will lead recidivism rates. Recidivism for in- I am especially pleased that the Sec- to a more comprehensive solution to mates who participate in prison edu- ond Chance Act will support the Elder- one of the important challenges facing cation, vocation, and work programs ly Nonviolent Offender Pilot Program, the prison system. have been found to be 20 to 60 percent which focuses on reintegrating non- When ex-offenders return to prison, lower than for nonparticipants. The violent elderly offenders over the age all Americans pay a price, both social Federal Bureau of Prisons found a 33- of 60. The current strategy of incarcer- and financial. The Second Chance Act percent drop in recidivism among Fed- ating elderly inmates who are no supports a comprehensive solution to eral prisoners who participated in vo- longer a threat to their community is the recidivism problem in America—a cational training. a waste of government resources and a problem that we cannot afford to ig- The Safer Foundation in Chicago humanitarian failure, and the problem nore. It is a solution that allows local found a recidivism rate of 8 percent for is only getting bigger as the elderly law enforcement, communities, and participants in its vocational program, prison population grows. A 2004 report families to offer ex-offenders the pro- compared with 46 percent for a com- by the National Institute of Correc- grams and support they need to get parison group. The Second Chance Act tions found that the number of State back on their feet and become positive, supports community education and vo- and Federal prisoners ages 50 or older productive members of their commu- cational training programs that have rose 172 percent between 1992 and 2001, nities. proven their effectiveness, and offers and some estimates suggest that the f the tools and resources to study best elderly inmate population has grown practices on job training and place- by as much as 750 percent over the last DECEPTIVE FOOD PACKAGING ment. It also supports collaboration two decades. Even conservative esti- Mr. LEVIN. Mr. President, today I among community corrections, tech- mates suggest that the population of call attention to a development within nical schools, community colleges, and elderly inmates will represent 33 per- the U.S. Food and Drug Administra- the workforce development and em- cent of the total prison population by tion, FDA, that has resulted in the sale ployment service sectors to help ex-of- 2010. The average cost of housing the of carbon-monoxide-treated meat to fenders overcome the many barriers increasing number of elderly inmates American consumers. Allowing this they face in finding employment. is reported to be about $67,000, three can deceive American consumers and In addition to addressing adult ex-of- times the average cost of housing raises serious public health concerns fender reentry programs, the Second younger inmates. As the age of the in- since the consumers can no longer rely Chance Act also supports juvenile ex- mate population grows over the next on the way the meat looks to indicate offender reentry programs that put ju- decade, the total spent on corrections its freshness. venile ex-offenders on the path to being will increase dramatically, even The use of carbon monoxide turns productive adults and good citizens. though nonviolent elderly offenders beef a shade of red that mimics very The nearly 100,000 children who make pose little risk to the community. And fresh red meat. Mixing carbon mon- up the juvenile prison population are according to a Department of Justice oxide into the pre-packaged, air-tight among the most vulnerable and de- report, they have a recidivism rate of packaging of beef allows it to retain its fenseless group in our criminal justice only 1.4 percent, much lower than the red color long after the expiration date system. Too often, we fail to protect rate for younger inmates. on the package. them. Many juvenile ex-offenders have Housing elderly inmates also raises The meatpacking industry argues learning disabilities and need sub- humanitarian concerns. Often they re- that beef is actually safe up to 20 days stance abuse and mental health treat- quire treatment for chronic and fatal when refrigerated and much longer if it ment. Many are incarcerated in over- diseases, protection from younger pris- is frozen. They also argue that because crowded facilities. All need an edu- oners, and alterations to accommodate untreated meat can begin to turn cation and the support of community- walkers, canes, and geriatric chairs. brown before its expiration date, it is

VerDate Aug 31 2005 03:20 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.022 S12APPT1 mstockstill on PROD1PC66 with SENATE S4432 CONGRESSIONAL RECORD — SENATE April 12, 2007 not a true indication of the meat’s take action on this important health illness, such as the elderly, may have dif- freshness and consumers should not be issue. I ask unanimous consent that ficulty reading the stamped dates on the relying on the color of the meat, but this letter be printed in the RECORD. packages. There being no objection, the mate- The Consumer Federation of America spon- the expiration date on the package. sored a national survey that demonstrated That is a theoretical argument that rial was ordered to be printed in the overwhelming opposition from consumers to fails in the real world. Consumers do RECORD, as follows: the use of carbon monoxide in meat. When rely on meat color and the industry CONSUMER FEDERATION OF AMER- asked whether the practice of treating red knows that the only purpose of using ICA—CONSUMERS UNION FOOD & meat with carbon monoxide is deceptive or carbon monoxide is to maintain the red WATER WATCH—GOVERNMENT AC- not, 78 percent of consumers surveyed said color. Experiments with treated and COUNTABILITY PROJECT NATIONAL the practice is deceptive. In that same sur- untreated packages of beef compared CONSUMERS LEAGUE—SAFE TA- vey 68 percent of consumers said they would BLES OUR PRIORITY strongly support a mandatory labeling law how they age under refrigeration. After JANUARY 18, 2007. for carbon monoxide-treated meat. the expiration date, untreated meat be- DEAR SENATOR: We write to urge Congress In addition, industry insistence that con- gins to turn brown, while meat was to institute a ban on the use of carbon mon- sumers rely on ‘‘use-by’’ or ‘‘freeze-by’’ dates still rosy pink if treated with carbon oxide in a modified atmosphere packaging to determine the freshness of the meat is not monoxide. Even though the treated (MAP) process for case-ready fresh meat. In valid. Conventionally packaged (on-site) beef looked fresh, it was in fact con- January 2006, consumer groups sent a letter meat and ground beef generally has a shelf taminated with E. coli bacterium and to the Food and Drug Administration (FDA) life of approximately four to five days, at and the Department of Agriculture (USDA) which time the meat turns brown and is ei- salmonella. requesting the FDA and the USDA to re-visit ther discounted or discarded. Meat that ar- The FDA has had longstanding rules their acceptance of carbon monoxide usage rives in store in a ‘‘case-ready’’ condition in against color alteration of meats but, in case-ready meats as a GRAS (generally typical packaging (packaging that has not inexplicably, the FDA has allowed car- recognized as safe) substance. This request used CO or the MAP process) has a shelf life bon-monoxide-treated packaging to was made for several reasons: (1) the science of 10 to 12 days, before the meat changes move forward. I asked the Food and behind the decision is questionable; (2) the color. Contrast these shelf lives with the 28– Drug Administration for an expla- decision was made without the benefit of day shelf life granted by USDA for ground nation of this change. In their re- public dialogue and input; (3) this process beef that is packaged under a MAP process has already been banned in Europe; and (4) utilizing carbon monoxide. Even after that sponse, the FDA claims that adding there is concern by the American public that period of time, the artificially bright red carbon monoxide to the packaging the meat that they purchase could look color persists, lessening the likelihood that meets their standard of ‘‘generally rec- fresher and safer than it actually is. How- consumers will check the ‘‘use-by or freeze- ognized as safe,’’ and no further FDA ever, despite repeated calls from members of by’’ date. approval is required. Congress and consumer groups, the agencies The findings of two studies, one by Con- Relying on the procedures for sub- have not acted. sumer Reports and one sponsored by Kalsec stances that are ‘‘generally recognized The addition of carbon monoxide utilized and conducted by S&J laboratories, raised as safe’’ is inappropriate for color addi- in the MAP processing of fresh meat pro- serious concerns that some carbon mon- duces a new, bright red color in the meat, oxide-treated meat on store shelves and tives and surely that should include which then masks the natural browning of available to consumers may be spoiled prior any substance added to food whose pur- the meat that would occur over time. This to the use-by date stamped on the package. pose is to change its color. Under the could induce consumers to buy and use meat Additionally, a study conducted at Texas Federal Food, Drug and Cosmetic Act, products that are not as fresh as they ap- Tech and submitted to the FDA by sup- the FDA is required to issue, through pear. Furthermore, case ready packages of porters of CO-meat seemed to corroborate notice and comment rulemaking, the meat processed with carbon monoxide are these findings—that CO-treated meat may be permissible conditions of use in regula- not at this time required to have labeling in- spoiled prior to the use-by date on the label. tions ‘‘listing’’ the color additive. The forming consumers that such a process was The question now becomes, ‘‘Are the agen- used. cies acting in the best interests of con- color additive ‘‘listing’’ procedure is a Even USDA has acknowledged the risk of sumers?’’ If you believe as we do that they transparent process in which the public misrepresentation to consumers by noting are not, then it is incumbent upon Congress is engaged. Consumers have the oppor- that the use of carbon monoxide ‘‘with case to act. tunity to comment on the safety and ready fresh cuts of meat and ground beef As a result of the agencies’ acceptance of deception risks that are presented. For could potentially mislead consumers into be- this process and unwillingness to revisit the FDA to allow the use of carbon lieving that they are purchasing a product their decision based on new information pro- monoxide for color alteration under that is fresher or of greater value than it ac- vided to them over the course of this past year, the onus is now on consumers to deter- the ‘‘generally recognized as safe’’ no- tually is and may increase the potential for masking spoilage.’’ This is precisely the situ- mine for themselves if the meat they are tification procedure ignores the well ation Congress, by law, intended to proscribe buying is fresh, not presented to them in a established listing requirements for in establishing the adulteration and mis- deceptive manner, or potentially unsafe. Un- public engagement in the policy devel- branding provisions of the Federal Food, fortunately, consumers have been put in this opment process. Drug and Cosmetic Act (FDCA) and the Fed- position without the information or tools to Since there are currently no require- eral Meat Inspection Act (FMIA) in the early make these determinations—such as clear ments for the meatpacking industry to 1900s. labeling that indicates the use and purpose label which meats have been packed in As a result of recent foodborne illness out- of carbon monoxide, and communications breaks which sickened hundreds and caused programs to inform consumers not to use carbon monoxide and which have not, several deaths, consumers are becoming in- color to judge the freshness and quality of it is especially important for con- creasingly concerned about the federal gov- meat, as they usually do. As a result, con- sumers to look for the expiration date ernment’s ability to protect them from con- sumers have no indication that the color of printed on all meat package labels and taminated food. Consumers want more dis- this meat is the result of the addition of car- not just at the color of the beef. Even closure about food-processing practices, not bon monoxide to the packaging and are de- if the meat is purchased before the ex- obfuscation, as is occurring with meat uti- nied the opportunity to make informed pur- piration date, consumers still need to lizing a MAP process. chasing decisions. This practice therefore be aware that beef packaged in carbon The use of carbon monoxide in the MAP can deceive the consumer into believing that processing of fresh meat means that con- meat is fresh when it may be spoiled or that monoxide can spoil at home yet still sumers have no way of judging the freshness it is of higher quality than it appears. look fresh. If consumers judge the of the meat, which Consumer Reports found We respectfully urge the 110th Congress to freshness of beef by its red color with- could be spoiled even before the labeled ‘‘use- take this matter up by instituting an imme- out checking the expiration date on by or freeze-by’’ date. Proponents of carbon diate ban on the use of carbon monoxide in the package, they risk their health. monoxide disingenuously point to smell as a a MAP process for case-ready fresh meat. Prepackaged beef should not be telltale sign of spoilage but consumers can’t This meat is sitting, unlabeled, on grocery treated with carbon monoxide, but at a use smell with sealed packages before the store shelves now and no action by FDA or minimum, meat that has been treated point of purchase. They have to wait until USDA to reconsider its GRAS decision seems they have purchased the meat and taken it to be forthcoming, despite the numerous with carbon monoxide should be clear- home to open the package and be able to concerns raised above. ly labeled so that consumers know smell it. Those with impaired senses of smell Sincerely, what they are buying. may have difficulty in detecting ‘‘off’’ odors. CHRIS WALDROP, Six consumer groups recently sent a In addition, those at greatest risk of con- Consumer Federation letter to Senators asking that Congress tracting the most serious forms of foodborne of America.

VerDate Aug 31 2005 01:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.020 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4433 JEAN HALLORAN, In 1985, a previously classified Na- regulation. Buyers need to only be 18 Consumers Union. tional War College strategic study re- years old, rather than the 21 years of WENONAH HAUTER, port, written by a former Deputy As- age which is required for handgun pur- Food & Water Watch. sistant Director of the U.S. Secret chases. There is no minimum age re- JACQUELINE OSTFELD, Service, warned of the growing threat Government Account- quirement for the possession of a .50 ability Project. from large caliber sniper rifles, specifi- caliber weapon and no regulation on LINDA GOLODNER, cally .50 caliber rifles. These ‘‘long second hand sales. Congress must do National Consumers range weapons pose a significant threat more to help keep military style fire- League. for U.S. National Command Authority arms out of the hands of terrorists. NANCY DONLEY, figures if used by terrorists or other as- f S.T.O.P.—Safe Tables sailants,’’ the Secret Service warned. Our Priority. ‘‘These weapons are more accurate HONORING OF DREW BLEDSOE f than shoulder fired antitank rockets Mr. KERRY. Mr. President, today I and, if used against aircraft, [are] im- UPCOMING ELECTIONS IN NIGERIA wish to honor former New England Pa- mune to electronic counter measures.’’ triots Quarterback Drew Bledsoe on his Mr. OBAMA. Mr. President, I rise Ten years later the RAND Corpora- retirement, after 14 years in the Na- today to discuss the situation con- tion, a nonprofit global policy think tional Football League, NFL. cerning the upcoming elections in Ni- tank, issued a report identifying .50 Drew Bledsoe helped usher in the geria. caliber sniper rifles as a serious threat modern era of Patriots football. The people of Nigeria have a historic to the security of U.S. Air Force bases. Throughout his career, Drew Bledsoe achievement within their grasp: their After noting the success of Barrett may have also played for the Buffalo country’s first peaceful, democratic sniper rifles against light armored ve- Bills, an AFC East rival of the Patri- transfer of power from one elected ci- hicles in the 1991 gulf war, the report ots, and for the Dallas Cowboys, but he vilian government to another. To se- noted, ‘‘Such weapons also give light got his start in chilly Foxboro, MA. cure this victory for themselves and for forces a portable and quite deadly op- Fourteen years ago, a young Bledsoe Africa, and to retain the kind of inter- tion against parked aircraft. These ri- was the first overall selection in the national confidence in Nigeria’s future fles are effective against man-sized tar- NFL Draft for New England draft of that is essential for the country’s gets up to 1,600 meters away and could Washington State. He brought the Pa- growth, Nigerians need and deserve the hit aircraft sized targets at even great- triots to their first Super Bowl in 11 strongest possible international sup- er ranges.’’ It further states that, ‘‘it years, and despite ultimately losing to port for free, fair, and peaceful elec- seems only a matter of time before Brett Favre and the Green Bay Pack- tions on April 14 and 21. these or similar weapons find their way ers, a newfound feeling of excitement Successful elections are not guaran- into the arsenals of potential adver- and pride overtook New England’s foot- teed. Political violence and serious saries, if they have not already done ball fans. And that feeling hasn’t sub- irregularities have tarnished past poll- so.’’ sided. ing in parts of the country, denying The August 2003 U.S. Army Intel- After Tom Brady went down in the some Nigerians their democratic ligence training handbook, ‘‘A Military AFC playoff in 2002, Bledsoe led the Pa- Guide to Terrorism in the Twenty- rights. No one truly interested in Nige- triots to victory over the Pittsburgh First Century,’’ specifically identified ria’s long-term stability and prosperity Steelers, ensuring the Pats a spot in large caliber sniper rifles as an attrac- can accept repeats of these incidents as Super Bowl XXXVI. And as you know, tive weapon for terrorists to use for an regular features of the country’s polit- that was just the beginning of the New assassination. It noted that .50 caliber ical landscape. England football dynasty. sniper rifles are of particular interest There is already cause for concern Bledsoe is a four-time Pro-Bowl quar- because they can engage attacks on this time around. Regrettably, prepara- terback, who throughout his career ‘‘targets that are difficult to get close tions for this month’s elections have threw for more than 44,000 yards and enough for other weapons,’’ yet ‘‘can been sluggish, and the independence of completed more than 250 touchdown also effectively engage light armored the electoral commission has been passes. He finished his career 7th all- compromised. Important national dis- vehicles.’’ A 2004 report on security at Los An- time in yards passing, 13th in touch- cussions about corruption and account- geles International Airport, LAX, spe- downs, and 5th in completions. ability have been temporarily hijacked cifically warned of snipers using .50 His career off the field was just as by elaborate preelection maneuvering. caliber rifles to fire at parked or tax- impressive. Bledsoe has long worked to But the Nigerian people can still suc- iing aircraft among a list of potential help improve the lives of children by ceed in exercising their democratic terrorist attack tactics. The RAND teaching parenting skills through both rights and taking control of their na- Corporation compiled this list by con- the Drew Bledsoe Foundation and Par- tional destiny. The rule of law, not the sidering information gathered by intel- enting with Dignity. The programs’ wishes of the powerful, can resolve out- ligence organizations based on the his- curriculum, which teaches the impor- standing questions about the electoral torical tendencies and capabilities of tance of family values, is used nation- process. American interests in working terrorist organizations. The analysis wide, reaching an estimated 1.75 mil- with a strong and democratic Nigerian however was not able to identify ‘‘any lion American families. He has also partner will remain powerful regardless truly satisfactory’’ security improve- served as international chairman of the of who is victorious when the returns ment options to protect against such Children’s Miracle Network, helping to come in, which is precisely why we sniper attacks. raise millions of dollars to benefit chil- should use our voice now, not to favor In November 2004, the Homeland Se- dren nationwide. any party or candidate, but to support curity Center at the University of Bledsoe is the recipient of the Thur- Nigeria’s democracy. Southern California, funded by the U.S. man Munson Humanitarian Award, the f Department of Homeland Security, NFL Alumni Spirit Award for exem- identified .50 caliber sniper rifles as an plifying the spirit of the NFL caring FIFTY CALIBER SNIPER RIFLES imminent threat to civil aviation. A for kids and the Walter Payton Man of Mr. LEVIN. Mr. President, militaries risk analysis prepared by the center the Year Award, chosen by his team- around the world use .50 caliber sniper stated that the range and power of .50 mates for demonstrating balance be- rifles which are noted for their power- caliber sniper rifles enable them to tween civic and professional respon- ful and destructive capabilities. In the ‘‘target fuel tanks, passengers, pilots, sibilities. He also received the Ed hands of a terrorist, these weapons and down aircraft in the worst case.’’ It Block Courage award, chosen by his could inflict devastating results. The also noted that al Qaida has acquired teammates as the NFL player dem- fact that terrorists can legally obtain and used these rifles against coalition onstrating the most courage and char- weapons in the United States with such forces in Iraq. acter. destructive capabilities puts us all at These destructive weapons are cur- Drew Bledsoe has conducted himself great risk. rently subject to only minimal Federal with both dignity and maturity

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.024 S12APPT1 mstockstill on PROD1PC66 with SENATE S4434 CONGRESSIONAL RECORD — SENATE April 12, 2007 throughout his 14 years in the NFL, ership of the Delta Council Flood Con- Staff of the Army. I am pleased to com- and today I, along with Patriots fans trol Committee following a serious mend to my colleagues GEN Peter across New England, congratulate him delta flood in 1991 and led the effort to Schoomaker’s speech thanking Sec- on a fantastic career and wish him suc- accelerate construction and comple- retary Harvey for his service to the cess in the next chapter of his life. tion of all Yazoo Basin projects. The Army. I bid Secretary Harvey farewell, f 1991 flood inundated more than 1.1 mil- thank him for his service to our coun- lion acres in 15 delta towns; and it seri- try, and wish him all the best in the ADDITIONAL STATEMENTS ously damaged schools, roads, public next chapter of his life. facilities and cropland. After Gary’s The material follows. SPEECH BY GENERAL SCHOOMAKER TRIBUTE TO ELEANOR SANTEE term as Flood Control Committee chairman, cities such as Greenville, the Secretary and Mrs. Harvey, Deputy Sec- ∑ Mr. CASEY. Mr. President, today, I largest town in north Mississippi, re- retary England, Chairman of the Joint would like to honor a woman of incom- Chiefs, General Pace . . . Sergeant Major of ceived benefits that will provide 100- the Army Preston, other distinguished parable dedication and grace. After 26 year flood protection. years of loyal service to the Scranton guests and friends. Today Dr. Fran Harvey, Tom serves as vice president of Delta our 19th Secretary of the Army, departs our School District, Mrs. Eleanor Santee Wildlife, chairman of the Leflore Coun- ranks but not our hearts. I am grateful to retired from her position as a secretary ty Farm Service Agency Committee, have had the privilege and honor to serve by at Robert Morris Elementary School commissioner and treasurer of the his side. When Secretary Harvey was sworn- on March 2, 2007. Leflore County Soil and Water Con- in back in November 2004 I provided him a Throughout Eleanor’s years of serv- servation Commission, director of the photo of a Soldier on bended knee in Iraq carrying an almost unbearable load. ice, the combination of her experience Business and Industry Political Edu- and work ethic allowed her to provide I explained to Secretary Harvey that this cation Committee and as the Cotton picture should serve to remind him—that capable administrative support for the Board director of Farmers Supply Co- like all leaders across our Army—everything three principals of Robert Morris Ele- operative. He was also appointed by the he does will impact our Soldiers on the mentary under whom she served. More Secretary of Agriculture as a member ground. Our challenge, therefore, was to importantly, Eleanor took the time of the Cotton Board. lighten the load our Soldiers bear (in other and initiative to provide support, en- Through his work with Delta Coun- words, to ‘‘take things out of their couragement, and friendship to the rucksacks,’’ as we like to say). cil, Tom has become a strong advocate While he has kept it on his desk for two thousands of students who passed and effective leader in advancing Delta years let me tell you in no uncertain terms through the school during tenure. Council’s mission in adult literacy, the Secretary Harvey needed no such reminder. Some people with Eleanor’s years of fight against critical teacher shortages He was quick to state, and truly believed, experience might have become compla- in the primary and secondary school that ‘‘Soldiers are and will always be our cent, but Eleanor understood that in system, improved access to health centerpiece. Their efforts are the reason the order to be successful a school must go care, and in transportation develop- Army is one of the most respected organiza- beyond mere academic success; it must tions in America.’’ ments which are so vital to the delta This conviction was evident in everything also provide a nurturing environment region. I saw him do as our Secretary. Everything where pupils can develop the knowl- I congratulate Tom Gary and his wife was based on his passionate concern for the edge, skills, and attitudes necessary for Moxie for the contribution they have Army, its Soldiers, their families, and our success throughout life. Eleanor made made to the delta through their service Army Civilians. an indelible mark on Robert Morris El- in Delta Council during the past year.∑ This concern is reflected in the other pic- ementary and all who passed through ture on his desk, one of two ladies, the moth- f ers of two fallen Soldiers. That picture there. She can take pride in a job well TRIBUTE TO FRANCIS HARVEY serves as a reminder of the sacrifices our done. Soldiers and their families are making. His In retirement, I have no doubt that ∑ Mr. LIEBERMAN. Mr. President, dedication was reflected in his personal and Eleanor will continue to be an active today I wish to speak about a recent professional commitment to ‘‘provide a qual- citizen of my hometown, Scranton, PA, change in the top leadership in our ity of life for our Soldiers that matched the where she resides with her husband Army. Dr. Francis Harvey departed as quality of service they provide to the Na- Richard. Secretary of the Army at a ceremony tion.’’ at Fort Myer, VA. Farewell ceremonies And he has worked tirelessly to do just I congratulate Eleanor on her many that. Because of his vision, his dedication, years of service to Robert Morris Ele- are often held at Fort Myer for soldiers and his unfailing commitment he departs our mentary School and wish her the best of all ranks as they pass the torch to ranks today knowing with absolute cer- in health and happiness at the comple- those men and women who will take tainty that our Soldiers and their families as tion of an admirable career.∑ over the responsibility of defending our well as the Army Civilians who support them have benefited greatly from his service. I f Nation. The ceremony at Fort Myer honors their contributions and symbol- have no doubt that our Army is far better APPRECIATION FOR TOM GARY, izes the continuity between the past today than we were just two years ago JR. Our progress in many cases is the direct re- and the future. Secretary of the Army sult of his determination to stand-up to ∑ Mr. COCHRAN. Mr. President, I am Harvey’s service as Secretary of the those who challenged the basis of our re- pleased to commend Tom Gary of Army was during a particularly crucial quirements to properly support our Soldiers. Greenwood, MS, for his distinguished time for the Army. The Nation is at He also inspired us to think differently and service during the past year as presi- war against a dangerous and deter- far more strategically about how we ‘‘do dent of the Delta Council. mined enemy. That war is of long dura- business.’’ Without doubt these qualities are a testament to the unique brand of values- Delta Council is an economic devel- tion, and the Army has borne the brunt based, principle-centered leadership he dem- opment organization representing the of the fighting. The nature of this war, onstrated with absolute conviction in his business, professional, and agricultural and the demands it has made on the service as Secretary of the Army. leadership of the 18 delta and part- Army, has resulted in great challenges In short his impact on our Army has been delta counties of Northwest Mis- for the senior leadership of the Army. profound. He has moved us significantly for- sissippi. Delta Council was organized in Secretary Harvey accepted those chal- ward in our collective and continuing efforts to meet the needs of the Nation that we 1935 to help meet the challenges which lenges and worked with skill, deter- serve. confronted this region of our State. mination, and honor to overcome them My remarks will be brief because you came A major concern of the Mississippi and keep our Army strong and ready to hear Secretary Harvey, not me. We’ve Delta was the impact of Mississippi today and to prepare it for tomorrow. convened today to honor him and his family River and tributary flooding. Flood Many of us in Congress know of and ap- and bear witness to the sacrifice of our Sol- protection and drainage have severely preciated Secretary Harvey’s commit- diers and the contributions our Army is making worldwide in defense of the Nation. challenged the delta region throughout ment to the Army. But the person who We often overlook the fact that to perform its history. This is an area of concern is best able to tell of his accomplish- his duties as our Secretary . . . he has en- where Tom Gary has distinguished ments and his contribution to the dured his own experience in ‘‘family separa- himself as a leader. Tom took the lead- Army is his close partner, the Chief of tion’’ by being apart from Mary his gracious

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.059 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4435 wife of over forty years for more than twen- rity he demonstrated in challenging the bu- and care for our Soldiers and families and ty-eight months. While we could spend the reaucracy, changing perceptions, and setting that you’re going to keep us on course. remainder of today highlighting Secretary us on a path to get our resources and our re- Secretary Harvey, Sir, thank you for your Harvey’s achievements neither he nor you quirements in balance. His leadership proved service for your friendship and for living the would be very appreciative of ‘‘the mother of to be decisive in this regard. Not only did he Army Values and for honoring our Warrior all laundry lists.’’ So I will briefly highlight establish a methodology (demonstrating why Ethos. Because of your leadership we’re three broad but interrelated touchstones: he has been so successful in ‘‘Corporate ‘‘Army Strong’’ and as our song says we’ll People, Resources, and Teamwork. America’’) to explain why our costs have in- ‘‘keep rolling along.’’ Together we wish you, Dr. Harvey’s commitment to people has en- creased in recent years, he also promoted un- Mary, Francis, John and the rest of your abled us to sustain the overall health and vi- derstanding and acceptance at the highest family Godspeed. ability of our All-Volunteer force—which is levels of our Government for our most com- Army Strong!∑ now being tested for the first time in a pro- pelling needs. We will rely upon Fran Har- tracted conflict. His actions have enabled us vey’s example ‘‘to do what is right’’ for f to achieve unprecedented levels of both re- many years to come. MESSAGE FROM THE HOUSE cruitment and retention. ‘‘People are the He also inspired all of us in the Army to Army’’ and we recruit more of them each achieve more—in what we do personally . . . and in what we expect to be delivered by oth- year than all of the other Services combined. ENROLLED BILL SIGNED In Fiscal Year 2006 the Active component ers. In this regard . . . two of his deep seated had its best year in nine years recruiting beliefs will remain embedded in the culture The following enrolled bill, pre- over 80,000 men and women. The National which shapes and characterizes our Army: viously signed by the Speaker of the Guard had its best year in thirteen years re- ‘‘In the bottom line it’s all about ‘cost, House, was signed today, April 12, 2007, schedule, and performance’ plain and simple cruiting over 69,000 people; finally, the Re- by the President pro tempore (Mr. serves achieved over a 25 percent increase and what gets measured gets done.’’ BYRD). from the previous year bringing in 25,000 new His efforts have dramatically improved the people. quality and openness of our working rela- S. 1002. An act to amend the Older Ameri- His accomplishments on behalf of the great tionships within the Department of Defense cans Act of 1965 to reinstate certain provi- people in our organization have been a log- and with the many stakeholders upon whom sions relating to the nutrition services in- ical continuation of his voluntary service to we depend for resources and support. In a centive programs. word, he is a genuine ‘‘team player’’ who has the Army as a key member of the Army f Science Board while a private citizen over engendered unprecedented levels of team- many years. work which will benefit our Soldiers. Our ENROLLED BILL PRESENTED They include: Improvements which enabled personal working relationship is the result of us to meet our goals for recruiting and re- our mutual decision to operate from the The Secretary of the Senate reported taining our All Volunteer force; decisions same playbook. And that playbook was based that on April 12, 2007, she had presented and support to provide for better access and on a couple of key fundamentals. We agreed to the President of the United States better management of our vital National that the door between our offices would al- the following enrolled bill: Guard and Army Reserve units not as indi- ways remain open and that our relationship S. 1002. An act to amend the Older Ameri- viduals but instead as whole cohesive units would be based upon one core belief—that cans Act of 1965 to reinstate certain provi- fully prepared and ready to perform their du- Soldiers would remain the center of all that sions relating to the nutrition services in- ties amidst new challenges; and decisions we do. centive programs. and support to grow our force—in a extraor- Over the past two years we’ve crossed that dinary way—to better meet our needs and to threshold that used to be blocked many f times a day. Opening the door between our alleviate, over time, current levels of stress EXECUTIVE AND OTHER on our Soldiers and their families. offices not only opened lines of communica- We now have dramatic enhancements to tion, it also enabled progress in three other COMMUNICATIONS ‘‘push the envelope’’ increasing our ability very important ways: First, as an outgrowth The following communications were to protect the force. These include consider- of the extremely close partnership between laid before the Senate, together with able improvements affecting all elements of Secretary Harvey and me we set the tone for accompanying papers, reports, and doc- a strong civil-military team at the top of the the Department to improve leadership, train- uments, and were referred as indicated: ing, education, and career opportunities for Department. Second, we were unified in our our civilians and our civilian executives and commitment to a single Vision—the Army EC–1434. A communication from the Ad- equally impressive improvements in finding Vision—that centers, as it must, on the great ministrator, Livestock and Seed Program, ways—to change our culture—to drive out Soldiers who fill our ranks and the dedicated Department of Agriculture, transmitting, waste and improve both efficiency and effec- Army Civilians who support them to gen- pursuant to law, the report of a rule entitled tiveness. In this regard he thought and acted erate and sustain our All-Volunteer force. ‘‘Soybean Promotion and Research: Qualified unequivocally like a Soldier. Third, teamwork and a shared vision for the State Soybean Boards; Correcting Amend- He was driven by a single unifying purpose: future enabled our entire team to better ar- ment’’ received April 4, 2007; to the Com- to free human and financial resources for ticulate and defend the Army’s most compel- mittee on Agriculture, Nutrition, and For- more compelling wartime and operational ling needs. estry. needs. Properly focusing activity and obtain- I’m convinced that these positive develop- EC–1435. A communication from the Sec- ing resources to enable that activity are core ments played a vital role in dramatically retary of Defense, transmitting, pursuant to tasks for senior leaders. No one that I have changing our current and projected resource law, the report of the release of General served with in public or private life does it posture and ultimately to better provide for Peter J. Shoomaker, United States Army, better than Dr. Fran Harvey. Our budgeted our Soldiers and to better accomplish what from active duty and his return to the Re- dollars for Fiscal 2008, due to his personal ef- the Nation demands from its Army. So as we tired List as of April 10, 2007; to the Com- forts, are the highest in our history—which farewell our 19th Secretary I say so long to mittee on Armed Services. exemplify his leadership in this regard. a visionary, a ‘‘true leader’’ and a teammate EC–1436. A communication from the Gen- Working in full collaboration with me and with whom I have been enormously proud to eral Counsel, Department of Defense, trans- all of ‘‘the right people’’ he quickly estab- serve. He has led the Army to unprecedented mitting, the report of several legislative pro- lished a strategic framework that reflected levels of civil-military cooperation, fostered posals relative to the National Defense Au- our most urgent challenges and ongoing ini- open communication, and mutual respect thorization Bill for fiscal year 2008; to the tiatives. He then set out in a determined yet (even in times of disagreement) all in the in- Committee on Armed Services. pragmatic fashion to obtain the resources re- terest of Soldiers, families, and the Army EC–1437. A communication from the Under quired to support our Army to ensure it was mission—to conduct prompt, sustained com- Secretary of Defense (Policy), transmitting, fully prepared to serve at the forefront of the bat and stability operations on land. I have pursuant to law, a report relative to activi- war on terror and to execute the full range of mentioned just a few of the seminal achieve- ties and assistance provided under Coopera- its other worldwide missions. ments that will endure and continue to bear tive Threat Reduction Programs; to the Creating relevant, ready forces is the sur- fruit long after Dr. Harvey departs our ranks Committee on Armed Services. est measure of effective Army leadership. today. Selfless leadership is that rare and EC–1438. A communication from the Assist- Since 2004 sixty-four (64) Brigade Combat wonderful commodity of which every nation ant Secretary for Legislative Affairs, De- Teams have been converted or are in the possesses too little. Its presence is unmistak- partment of the Treasury, transmitting, pur- process of being converted; 148 multifunc- able, its impact enduring. suant to law, a report relative to the Depart- tional and functional support Brigades have We are fortunate to have the continuity of ment’s compliance with certain require- been converted, or are in the process of being vision and direction that Acting Secretary ments of the USA PATRIOT Act; to the converted, to the modular design force. Geren now represents. Sir, we welcome your Committee on Banking, Housing, and Urban I won’t dwell on numbers. While important leadership and your experience as a Member Affairs. they do little to tell this story. I will high- of Congress and within the office of the Sec- EC–1439. A communication from the Assist- light instead the personal courage and integ- retary of Defense. We know that you’ll lead ant Secretary for Export Administration,

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.033 S12APPT1 mstockstill on PROD1PC66 with SENATE S4436 CONGRESSIONAL RECORD — SENATE April 12, 2007 Bureau of Industry and Security, Depart- services in the amount of $50,000,000 or more on Homeland Security and Governmental Af- ment of Commerce, transmitting, pursuant to Russia, Ukraine and Norway; to the Com- fairs. to law, the report of a rule entitled ‘‘Chem- mittee on Foreign Relations. EC–1460. A communication from the Direc- ical Weapons Convention Regulations: UDOC EC–1449. A communication from the Assist- tor, Office of Government Ethics, transmit- ‘Change in Inspection Status Form;’ Amend- ant Secretary, Office of Legislative Affairs, ting, pursuant to law, the report of a rule en- ments to Records Review and Recordkeeping Department of State, transmitting, pursuant titled ‘‘Removal of Obsolete Regulations Requirements; Additions to the List of to law, the certification of a proposed license Concerning the Inoperative Provisions Re- States Parties to the Chemical Weapons Con- for the export of defense articles and defense garding Charitable Payments in Lieu of vention’’ (RIN0694–AD53) received on April 4, services in the amount of $50,000,000 or more Honoraria and Conforming Technical 2007; to the Committee on Banking, Housing, to Kazakhstan; to the Committee on Foreign Amendments’’ ((RIN3209–AA00)(RIN3209– and Urban Affairs. Relations. AA04)(RIN3209–AA13)) received on April 11, EC–1440. A communication from the Regu- EC–1450. A communication from the Presi- 2007; to the Committee on Homeland Secu- lations Coordinator, Centers for Medicare dent and CEO, U.S. African Development rity and Governmental Affairs. and Medicaid Service, Department of Health Foundation, transmitting, proposed legisla- EC–1461. A communication from the Dep- and Human Services, transmitting, pursuant tion intended to amend the African Develop- uty Director of Communications and Legis- to law, the report of a rule entitled ‘‘Medi- ment Foundation Act; to the Committee on lative Affairs, U.S. Equal Employment Op- care Program; Competitive Acquisition for Foreign Relations. portunity Commission, transmitting, pursu- Certain Durable Medical Equipment, Pros- EC–1451. A communication from the Assist- ant to law, the Agency’s Performance and thetics, Orthotics, and Supplies and other ant Secretary, Office of Legislative Affairs, Accountability Report for fiscal year 2006; to Issues’’ (RIN0938–AN14) received on April 6, Department of State, transmitting, pursuant the Committee on Homeland Security and 2007; to the Committee on Finance. to law, a report relative to a proposed Governmental Affairs. EC–1441. A communication from the Offices change to the determination of quartz rate EC–1462. A communication from the Direc- of the Inspector General of the Departments sensors on the United States Munitions List; tor, Federal Emergency Management Agen- of Commerce, Defense, Energy, State, Home- to the Committee on Foreign Relations. cy, Department of Homeland Security, trans- land Security, and the Central Intelligence EC–1452. A communication from the Assist- mitting, pursuant to law, a report relative to Agency, transmitting, pursuant to law, a re- ant Secretary, Office of Legislative Affairs, the cost of response and recovery efforts in port relative to controls over exports to Department of State, transmitting, pursuant the State of South Carolina; to the Com- China; to the Committee on Foreign Rela- to law, the report of a rule entitled ‘‘Amend- mittee on Homeland Security and Govern- tions. ment of the International Traffic in Arms mental Affairs. EC–1442. A communication from the De- Regulations: United States Munitions’’ (Bill- EC–1463. A communication from the Chem- partment of State, transmitting, pursuant to ing Code 4710–25) received on March 30, 2007; ical Security Compliance Division, Office of law, copies of the certification and the re- to the Committee on Foreign Relations. Infrastructure Protection, Department of lated justifications pertaining to the course EC–1453. A communication from the White Homeland Security, transmitting, pursuant of action described in Section 1203(d) of the House Liaison, Department of Health and to law, the report of a rule entitled ‘‘Chem- Cooperative Threat Reduction Act of 1993 Human Services, transmitting, pursuant to ical Facility Anti–Terrorism Standards’’ (Title XII, P.L. 103–160), as amended, and law, the report of the discontinuation of (RIN1601–AA41) received on April 6, 2007; to Section 502 of the FREEDOM Support Act service in an acting role for the position of the Committee on Homeland Security and (Title V, P.L. 102–511); to the Committee on Surgeon General, received on April 4, 2007; to Governmental Affairs. Foreign Relations. the Committee on Health, Education, Labor, EC–1464. A communication from the Chair- EC–1443. A communication from the De- and Pensions. man, U.S. Merit Systems Protection Board, EC–1454. A communication from the Chair, partment of State, transmitting, pursuant to transmitting, pursuant to law, a report enti- Barry M. Goldwater Scholarship and Excel- law, an annual report relative to the defense tled ‘‘Accomplishing Our Mission: Results of lence in Education Foundation, transmit- articles and defense services that were li- the Merit Principles Survey 2005’’; to the ting, pursuant to law, the Annual Report of censed for export under Section 38 of the Committee on Homeland Security and Gov- the Foundation’s activities for fiscal year Arms Export Control Act during fiscal year ernmental Affairs. 2006; to the Committee on Health, Education, 2006; to the Committee on Foreign Relations. EC–1465. A communication from the Sec- EC–1444. A communication from the De- Labor, and Pensions. retary, Federal Trade Commission, transmit- partment of State, transmitting, pursuant to EC–1455. A communication from the White ting, pursuant to law, a report entitled ‘‘An- law, a report relative to the Deputy Sec- House Liaison, Office of Planning, Evalua- nual Report on the Notification and Federal retary’s determination that waiving the re- tion and Policy Development, Department of Employee Antidiscrimination and Retalia- strictions contained in the Cooperative Education, transmitting, pursuant to law, tion Act of 2002: Fiscal Year 2006 (March Threat Reduction Act of 1993 and the FREE- the report of the discontinuation of service 2007)’’; to the Committee on Homeland Secu- DOM Support Act during fiscal year 2006 in an acting role for the position of First As- rity and Governmental Affairs. with respect to the Russian Federation is sistant, received on April 4, 2007; to the Com- EC–1466. A communication from the Acting important to the national security interests mittee on Health, Education, Labor, and Executive Director, Office of Compliance, of the United States; to the Committee on Pensions. transmitting, pursuant to law, the Office’s Foreign Relations. EC–1456. A communication from the Direc- Annual Report for calendar year 2006; to the EC–1445. A communication from the Dep- tor, Regulations Policy and Management Committee on Homeland Security and Gov- uty Secretary of State, transmitting, pursu- Staff, Department of Health and Human ernmental Affairs. ant to law, a report relative to the imple- Services, transmitting, pursuant to law, the EC–1467. A communication from the Direc- mentation status of the debt reduction au- report of a rule entitled ‘‘Advisory Com- tor of Regulations Management, Veterans thority to support projects in the Russian mittee: Change of Name and Function’’ (21 Benefits Administration, Department of Vet- Federation promoting nonproliferation of CFR Part 14) received on April 10, 2007; to the erans Affairs, transmitting, pursuant to law, weapons of mass destruction and the means Committee on Health, Education, Labor, and the report of a rule entitled ‘‘Vocational Re- of delivering such weapons; to the Com- Pensions. habilitation and Employment Program—Ini- mittee on Foreign Relations. EC–1457. A communication from the Direc- EC–1446. A communication from the Assist- tor, Regulations and Policy Management tial Evaluations’’ (RIN2900–AM25) received ant Secretary, Office of Legislative Affairs, Staff, Department of Health and Human on April 10, 2007; to the Committee on Vet- Department of State, transmitting, pursuant Services, transmitting, pursuant to law, the erans’ Affairs. to law, the certification of a proposed license report of a rule entitled ‘‘Food Substances EC–1468. A communication from the Direc- for the export of defense articles and defense Affirmed as Generally Recognized as Safe in tor of Regulations Management, Veterans services in the amount of $100,000,000 or more Feed and Drinking Water of Animals: 25- Benefits Administration, Department of Vet- to Japan; to the Committee on Foreign Rela- Hydroxyvitamin D3’’ (Docket No. 1995G–0321) erans Affairs, transmitting, pursuant to law, tions. received on April 10, 2007; to the Committee the report of a rule entitled ‘‘Veterans and EC–1447. A communication from the Assist- on Health, Education, Labor, and Pensions. Dependents Education: Topping-Up Tuition ant Secretary, Office of Legislative Affairs, EC–1458. A communication from the Direc- Assistance; Licensing and Certification Department of State, transmitting, pursuant tor, Office of Standards, Regulations, and Tests; Duty to Assist Education Claimants’’ to law, the certification of a proposed license Variances, Department of Labor, transmit- (RIN2900–AK80) received on April 10, 2007; to for the export of defense articles or defense ting, pursuant to law, the report of a rule en- the Committee on Veterans’ Affairs. services sold commercially under a contract titled ‘‘Criteria and Procedures for Proposed in the amount of $50,000,000 or more to Viet- Assessment of Civil Penalties’’ (RIN1219– f nam; to the Committee on Foreign Rela- AB51) received on April 3, 2007; to the Com- tions. mittee on Health, Education, Labor, and REPORTS OF COMMITTEES EC–1448. A communication from the Assist- Pensions. ant Secretary, Office of Legislative Affairs, EC–1459. A communication from the Direc- The following reports of committees Department of State, transmitting, pursuant tor, Office of Personnel Management, trans- were submitted: to law, the certification of a proposed license mitting, pursuant to law, the Office’s Annual By Mr. BIDEN, from the Committee on for the export of defense articles and defense Report for fiscal year 2006; to the Committee Foreign Relations, without amendment:

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.041 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4437 S. 193. A bill to increase cooperation on en- By Mr. DOMENICI (for himself, Mr. By Mr. THUNE: ergy issues between the United States Gov- KENNEDY, Mr. BINGAMAN, Mr. HARKIN, S. 1106. A bill to extend the additional duty ernment and foreign governments and enti- Mr. LEAHY, and Mr. SANDERS): on ethanol, to require an investigation into ties in order to secure the strategic and eco- S. 1098. A bill to amend the Public Health certain ethanol imports, and for other pur- nomic interests of the United States, and for Service Act to revise the amount of min- poses; to the Committee on Finance. other purposes (Rept. No. 110–54). imum allotments under the Projects for As- By Mr. SMITH (for himself, Mr. BINGA- H.R. 1003. A bill to amend the Foreign Af- sistance in Transition from Homelessness MAN, Mr. NELSON of Florida, Mrs. fairs Reform and Restructuring Act of 1998 to program; to the Committee on Health, Edu- CLINTON, Ms. COLLINS, Mrs. LINCOLN, reauthorize the United States Advisory Com- cation, Labor, and Pensions. Mrs. BOXER, and Mr. KERRY): mission on Public Diplomacy (Rept. No. 110– By Ms. COLLINS (for herself and Mr. S. 1107. A bill to amend title XVIII of the 55). HARKIN): Social Security Act to reduce cost-sharing By Mr. LEAHY, from the Committee on S. 1099. A bill to amend chapter 89 of title under part D of such title for certain non-in- the Judiciary, without amendment and with 5, United States Code, to make individuals stitutionalized full-benefit dual eligible indi- a preamble: employed by the Roosevelt Campobello viduals; to the Committee on Finance. S. Res. 112. A resolution designating April International Park Commission eligible to By Mr. SMITH (for himself, Mr. BINGA- 6, 2007, as ‘‘National Missing Persons Day.’’ obtain Federal health insurance; to the Com- MAN, Ms. SNOWE, Mrs. LINCOLN, and mittee on Homeland Security and Govern- Mr. KERRY): f mental Affairs. S. 1108. A bill to amend title XVIII of the EXECUTIVE REPORT OF By Mr. HAGEL (for himself, Mr. Social Security Act to provide a special en- COMMITTEE SUNUNU, Mrs. DOLE, and Mr. MAR- rollment period for individuals who qualify TINEZ): for an income-related subsidy under the The following executive report of a S. 1100. A bill to address the regulation of Medicare prescription drug program and to nomination was submitted: secondary mortgage market enterprises, and provide funding for the conduct of outreach By Mr. LEAHY for the Committee on the for other purposes; to the Committee on and education with respect to the premium Judiciary. Banking, Housing, and Urban Affairs. and cost-sharing subsidies under such pro- Halil Suleyman Ozerden, of Mississippi, to By Mrs. LINCOLN (for herself and Mr. gram, and for other purposes; to the Com- be United States District Judge for the SMITH): mittee on Finance. S. 1101. A bill to amend the Energy Policy Southern District of Mississippi. and Conservation Act to improve energy f (Nominations without an asterick standards for home appliances, and for other SUBMISSION OF CONCURRENT AND were reported with the recommenda- purposes; to the Committee on Energy and SENATE RESOLUTIONS tion that they be confirmed. Natural Resources. By Mr. BINGAMAN (for himself, Mr. The following concurrent resolutions f SMITH, Mr. KOHL, Ms. SNOWE, Mrs. and Senate resolutions were read, and INTRODUCTION OF BILLS AND LINCOLN, and Mr. KERRY): referred (or acted upon), as indicated: JOINT RESOLUTIONS S. 1102. A bill to amend title XVIII of the By Mr. ALEXANDER (for himself, Mr. Social Security Act to expedite the applica- BYRD, Mr. COLEMAN, Mr. KENNEDY, The following bills and joint resolu- tion and eligibility process for low-income Mr. ALLARD, Mrs. FEINSTEIN, Mr. tions were introduced, read the first subsidies under the Medicare prescription CORKER, and Mrs. BOXER): and second times by unanimous con- drug program and to revise the resource S. Res. 146. A resolution designating June sent, and referred as indicated: standards used to determine eligibility for 20, 2007, as ‘‘American Eagle Day’’, and cele- an income-related subsidy, and for other pur- By Mr. DORGAN (for himself, Mr. brating the recovery and restoration of the poses; to the Committee on Finance. American bald eagle, the national symbol of HAGEL, Mr. JOHNSON, Mr. BROWNBACK, By Mr. BINGAMAN (for himself, Mr. the United States; to the Committee on the Mr. DURBIN, Mr. CONRAD, Mr. SMITH, and Mr. KERRY): Judiciary. SALAZAR, Mr. ROCKEFELLER, Mr. S. 1103. A bill to amend title XVIII of the By Mr. ALEXANDER (for himself and COLEMAN, Ms. LANDRIEU, Mrs. LIN- Social Security Act to include costs incurred Mr. CORKER): COLN, Mr. HARKIN, and Mr. PRYOR): by the Indian Health Service, a Federally S. 1093. A bill to reward the hard work and S. Res. 147. A resolution congratulating the qualified health center, an AIDS drug assist- University of Tennessee women’s basketball risk of individuals who choose to live in and ance program, certain hospitals, or a phar- help preserve America’s small, rural towns, team for winning the 2007 NCAA Division I maceutical manufacturer patient assistance Women’s Basketball Championship; consid- and for other purposes; to the Committee on program in providing prescription drugs to- Finance. ered and agreed to. ward the annual out-of-pocket threshold By Mr. NELSON of Florida (for himself By Ms. STABENOW (for herself and under part D of the Medicare program; to the and Mr. MARTINEZ): Mr. CASEY): Committee on Finance. S. 1094. A bill to reauthorize and provide S. Res. 148. A resolution commending The By Mr. LUGAR (for himself, Mr. KEN- University of Florida men’s basketball team additional funding for essential agricultural NEDY, Mr. BOND, Mr. LEAHY, Mr. research, extension, education, and related for winning the 2007 National Collegiate Ath- COLEMAN, Mr. LIEBERMAN, Mr. letic Association (NCAA) Division I Basket- programs, to establish the National Insti- ISAKSON, Mr. SMITH, Mr. LEVIN, Mr. tutes for Food and Agriculture as an inde- ball Championship; considered and agreed to. SUNUNU, Mr. CORNYN, and Mr. DODD): By Mrs. CLINTON (for herself and Mr. pendent agency reporting to and coordi- S. 1104. A bill to increase the number of HAGEL): nating with the Secretary of Agriculture, Iraqi and Afghani translators and inter- S. Con. Res. 26. A concurrent resolution and for other purposes; to the Committee on preters who may be admitted to the United recognizing the 75th anniversary of the Mili- Agriculture, Nutrition, and Forestry. States as special immigrants; considered and tary Order of the Purple Heart and com- By Mr. SCHUMER: passed. mending recipients of the Purple Heart for S. 1095. A bill to require airports to screen By Mr. KENNEDY (for himself, Mr. their courageous demonstrations of gal- all individuals with access to the secure SMITH, Mr. LEAHY, Mr. SPECTER, Ms. lantry and heroism on behalf of the United areas of an airport upon arrival; to the Com- MIKULSKI, Ms. COLLINS, Mr. MENEN- States; to the Committee on Armed Services. mittee on Commerce, Science, and Transpor- DEZ, Ms. SNOWE, Mr. BROWN, Mr. By Mrs. CLINTON (for herself and Mr. tation. KERRY, Mr. DURBIN, Mr. LAUTENBERG, HAGEL): By Mr. CORNYN (for himself, Mr. Mr. DODD, Mr. NELSON of Nebraska, S. Con. Res. 27. A concurrent resolution CRAIG, Mr. AKAKA, and Mrs. Mrs. FEINSTEIN, Mr. LEVIN, Mr. HAR- supporting the goals and ideals of ‘‘National HUTCHISON): KIN, Mr. WHITEHOUSE, Ms. STABENOW, Purple Heart Recognition Day’’; to the Com- S. 1096. A bill to amend title 38, United Mr. BIDEN, Mrs. MURRAY, Mr. BAYH, mittee on Armed Services. States Code, to provide certain housing bene- Ms. CANTWELL, Mr. CARDIN, Mr. fits to disabled members of the Armed LIEBERMAN, Mr. REED, Mr. SCHUMER, f Forces, to expand certain benefits for dis- Mr. OBAMA, Mrs. BOXER, Ms. ADDITIONAL COSPONSORS abled veterans with severe burns, and for KLOBUCHAR, Mr. AKAKA, Mr. BINGA- other purposes; to the Committee on Vet- MAN, Mrs. CLINTON, Ms. LANDRIEU, S. 21 erans’ Affairs. Mr. ROCKEFELLER, Mrs. LINCOLN, Mr. At the request of Mr. REID, the name By Mrs. CLINTON (for herself and Ms. CASEY, Mrs. MCCASKILL, Mr. INOUYE, of the Senator from Rhode Island (Mr. COLLINS): Mr. NELSON of Florida, Mr. SALAZAR, REED) was added as a cosponsor of S. S. 1097. A bill to amend title 10, United and Mr. JOHNSON): 21, a bill to expand access to preventive States Code, to provide for the award of a S. 1105. A bill to provide Federal assistance military service medal to members of the to States, local jurisdictions, and Indian health care services that help reduce Armed Forces who served honorably during tribes to prosecute hate crimes, and for unintended pregnancy, reduce abor- the Cold War era; to the Committee on other purposes; to the Committee on the Ju- tions, and improve access to women’s Armed Services. diciary. health care.

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.032 S12APPT1 mstockstill on PROD1PC66 with SENATE S4438 CONGRESSIONAL RECORD — SENATE April 12, 2007 S. 206 Social Security Act to repeal the medi- the numerical limitations on immi- At the request of Mrs. FEINSTEIN, the care outpatient rehabilitation therapy grant visas. name of the Senator from Rhode Island caps. S. 735 (Mr. REED) was added as a cosponsor of S. 486 At the request of Mr. KENNEDY, the S. 206, a bill to amend title II of the So- At the request of Mr. KENNEDY, the names of the Senator from Vermont cial Security Act to repeal the Govern- name of the Senator from Illinois (Mr. (Mr. LEAHY), the Senator from Texas ment pension offset and windfall elimi- OBAMA) was added as a cosponsor of S. (Mr. CORNYN) and the Senator from nation provisions. 486, a bill to establish requirements for Iowa (Mr. GRASSLEY) were added as co- S. 236 lenders and institutions of higher edu- sponsors of S. 735, a bill to amend title At the request of Mr. LEAHY, the cation in order to protect students and 18, United States Code, to improve the names of the Senator from California other borrowers receiving educational terrorist hoax statute. (Mrs. FEINSTEIN) and the Senator from loans. S. 746 Rhode Island (Mr. WHITEHOUSE) were S. 498 At the request of Mr. ALLARD, the added as cosponsors of S. 236, a bill to At the request of Mr. FEINGOLD, the name of the Senator from Georgia (Mr. require reports to Congress on Federal name of the Senator from Alabama ISAKSON) was added as a cosponsor of S. agency use of data mining. (Mr. SESSIONS) was added as a cospon- 746, a bill to establish a competitive S. 261 sor of S. 498, a bill to amend title XVIII grant program to build capacity in vet- At the request of Ms. CANTWELL, the of the Social Security Act to improve erinary medical education and expand name of the Senator from New York the Medicare program for beneficiaries the workforce of veterinarians engaged (Mrs. CLINTON) was added as a cospon- residing in rural areas. in public health practice and bio- sor of S. 261, a bill to amend title 18, S. 527 medical research. United States Code, to strengthen pro- At the request of Mr. FEINGOLD, the S. 771 hibitions against animal fighting, and name of the Senator from North Caro- At the request of Mr. HARKIN, the for other purposes. lina (Mrs. DOLE) was added as a cospon- name of the Senator from New Jersey S. 380 sor of S. 527, a bill to make amend- (Mr. LAUTENBERG) was added as a co- At the request of Mr. WYDEN, the ments to the Iran, North Korea, and sponsor of S. 771, a bill to amend the name of the Senator from Maryland Syria Nonproliferation Act. Child Nutrition Act of 1966 to improve (Mr. CARDIN) was added as a cosponsor S. 572 the nutrition and health of school- of S. 380, a bill to reauthorize the Se- At the request of Mr. KENNEDY, the children by updating the definition of cure Rural Schools and Community name of the Senator from Illinois (Mr. ‘‘food of minimal nutritional value’’ to Self-Determination Act of 2000, and for OBAMA) was added as a cosponsor of S. conform to current nutrition science other purposes. 572, a bill to ensure that Federal stu- and to protect the Federal investment S. 404 dent loans are delivered as efficiently in the national school lunch and break- At the request of Mr. THOMAS, the as possible in order to provide more fast programs. name of the Senator from New York grant aid to students. S. 774 (Mrs. CLINTON) was added as a cospon- S. 579 At the request of Mr. DURBIN, the sor of S. 404, a bill to amend the Agri- At the request of Mr. REID, the name of the Senator from California cultural Marketing Act of 1946 to re- names of the Senator from Maryland (Mrs. FEINSTEIN) was added as a co- quire the implementation of country of (Mr. CARDIN) and the Senator from Mis- sponsor of S. 774, a bill to amend the Il- origin labeling requirements by Sep- souri (Mrs. MCCASKILL) were added as legal Immigration Reform and Immi- tember 30, 2007. cosponsors of S. 579, a bill to amend the grant Responsibility Act of 1996 to per- S. 430 Public Health Service Act to authorize mit States to determine State resi- At the request of Mr. BOND, the name the Director of the National Institute dency for higher education purposes of the Senator from New Mexico (Mr. of Environmental Health Sciences to and to authorize the cancellation of re- DOMENICI) was added as a cosponsor of make grants for the development and moval and adjustment of status of cer- S. 430, a bill to amend title 10, United operation of research centers regarding tain alien students who are long-term States Code, to enhance the national environmental factors that may be re- United States residents and who en- defense through empowerment of the lated to the etiology of breast cancer. tered the United States as children, Chief of the National Guard Bureau S. 590 and for other purposes. and the enhancement of the functions At the request of Mr. SMITH, the S. 793 of the National Guard Bureau, and for name of the Senator from California At the request of Mr. HATCH, the other purposes. (Mrs. BOXER) was added as a cosponsor name of the Senator from Hawaii (Mr. At the request of Mr. LEAHY, the of S. 590, a bill to amend the Internal INOUYE) was added as a cosponsor of S. names of the Senator from New Mexico Revenue Code of 1986 to extend the in- 793, a bill to provide for the expansion (Mr. BINGAMAN) and the Senator from vestment tax credit with respect to and improvement of traumatic brain Wisconsin (Mr. FEINGOLD) were added solar energy property and qualified fuel injury programs. as cosponsors of S. 430, supra. cell property, and for other purposes. S. 799 S. 439 S. 609 At the request of Mr. HARKIN, the At the request of Mr. REID, the name At the request of Mr. ROCKEFELLER, names of the Senator from Illinois (Mr. of the Senator from Michigan (Ms. the name of the Senator from Texas DURBIN) and the Senator from Pennsyl- STABENOW) was added as a cosponsor of (Mr. CORNYN) was added as a cosponsor vania (Mr. CASEY) were added as co- S. 439, a bill to amend title 10, United of S. 609, a bill to amend section 254 of sponsors of S. 799, a bill to amend title States Code, to permit certain retired the Communications Act of 1934 to pro- XIX of the Social Security Act to pro- members of the uniformed services who vide that funds received as universal vide individuals with disabilities and have a service-connected disability to service contributions and the universal older Americans with equal access to receive both disability compensation service support programs established community-based attendant services from the Department of Veterans Af- pursuant to that section are not sub- and supports, and for other purposes. fairs for their disability and either re- ject to certain provisions of title 31, S. 851 tired pay by reason of their years of United States Code, commonly known At the request of Mr. SCHUMER, the military service or Combat-Related as the Antideficiency Act. name of the Senator from Connecticut Special Compensation. S. 671 (Mr. LIEBERMAN) was added as a co- S. 450 At the request of Mr. AKAKA, the sponsor of S. 851, a bill to amend the At the request of Mr. ENSIGN, the name of the Senator from Ohio (Mr. Internal Revenue Code of 1986 to pro- name of the Senator from Georgia (Mr. BROWN) was added as a cosponsor of S. vide a higher education opportunity ISAKSON) was added as a cosponsor of S. 671, a bill to exempt children of certain credit in place of existing education 450, a bill to amend title XVIII of the Filipino World War II veterans from tax incentives.

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.037 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4439 S. 883 vania (Mr. CASEY) was added as a co- S. RES. 141 At the request of Mrs. FEINSTEIN, the sponsor of S. 1018, a bill to address se- At the request of Mrs. CLINTON, the name of the Senator from Georgia (Mr. curity risks posed by global climate names of the Senator from New Jersey ISAKSON) was added as a cosponsor of S. change and for other purposes. (Mr. MENENDEZ), the Senator from Wis- 883, a bill to amend the Higher Edu- S. 1062 consin (Mr. FEINGOLD), the Senator cation Act of 1965 to extend loan for- At the request of Mr. DURBIN, the from Florida (Mr. NELSON) and the Sen- giveness for certain loans to Head name of the Senator from North Caro- ator from Oregon (Mr. SMITH) were Start teachers. added as cosponsors of S. Res. 141, a lina (Mrs. DOLE) was added as a cospon- S. 923 sor of S. 1062, a bill to establish a con- resolution urging all member countries of the International Commission of the At the request of Mr. KERRY, the gressional commemorative medal for International Tracing Service who name of the Senator from Connecticut organ donors and their families. (Mr. LIEBERMAN) was added as a co- have yet to ratify the May 2006 amend- S. 1065 sponsor of S. 923, a bill to amend the ments to the 1955 Bonn Accords to ex- National Trails System Act to des- At the request of Mrs. CLINTON, the pedite the ratification process to allow ignate the New England National Sce- name of the Senator from Minnesota for open access to the Holocaust ar- nic Trail, and for other purposes. (Ms. KLOBUCHAR) was added as a co- chives located at Bad Arolsen, Ger- sponsor of S. 1065, a bill to improve the S. 958 many. diagnosis and treatment of traumatic At the request of Mr. SESSIONS, the f name of the Senator from Iowa (Mr. brain injury in members and former members of the Armed Forces, to re- STATEMENTS ON INTRODUCED HARKIN) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS 958, a bill to establish an adolescent lit- view and expand telehealth and tele- eracy program. mental health programs of the Depart- By Mr. DORGAN (for himself, Mr. ment of Defense and the Department of HAGEL, Mr. JOHNSON, Mr. S. 961 Veterans Affairs, and for other pur- BROWNBACK, Mr. DURBIN, Mr. At the request of Mr. NELSON of Ne- braska, the names of the Senator from poses. CONRAD, Mr. SALAZAR, Mr. California (Mrs. BOXER), the Senator S. 1088 ROCKEFELLER, Mr. COLEMAN, from New Jersey (Mr. MENENDEZ) and At the request of Ms. STABENOW, the Ms. LANDRIEU, Mrs. LINCOLN, the Senator from Illinois (Mr. DURBIN) name of the Senator from Wisconsin Mr. HARKIN, and Mr. PRYOR): were added as cosponsors of S. 961, a (Mr. KOHL) was added as a cosponsor of S. 1093. A bill to reward the hard bill to amend title 46, United States S. 1088, a bill to amend the Federal work and risk of individuals who Code, to provide benefits to certain in- Food, Drug, and Cosmetic Act with re- choose to live in and help preserve dividuals who served in the United spect to market exclusivity for certain America’s small, rural towns, and for States merchant marine (including the drugs, and for other purposes. other purposes; to the Committee on Finance. Army Transport Service and the Naval S. RES. 82 Mr. DORGAN. Mr. President, I am Transport Service) during World War At the request of Mr. HAGEL, the pleased to be joined by Senators II, and for other purposes. name of the Senator from Hawaii (Mr. HAGEL, JOHNSON, BROWNBACK and nine S. 970 INOUYE) was added as a cosponsor of S. of our colleagues today in re-intro- At the request of Mr. SMITH, the Res. 82, a resolution designating Au- ducing the New Homestead Act of 2007. name of the Senator from Maryland gust 16, 2007 as ‘‘National Airborne This legislation will help address a se- (Mr. CARDIN) was added as a cosponsor Day’’. rious threat to the economic future of of S. 970, a bill to impose sanctions on S. RES. 92 rural America—the loss of its residents Iran and on other countries for assist- At the request of Mrs. CLINTON, the and Main Street businesses. ing Iran in developing a nuclear pro- names of the Senator from Louisiana I have previously described to my gram, and for other purposes. (Mr. VITTER) and the Senator from Senate colleagues the severe economic S. 974 Connecticut (Mr. DODD) were added as and social hardships that population At the request of Ms. COLLINS, the cosponsors of S. Res. 92, a resolution out-migration has had on America’s name of the Senator from North Da- calling for the immediate and uncondi- Heartland when businesses are shut- kota (Mr. CONRAD) was added as a co- tional release of soldiers of Israel held tered up, schools and churches are con- sponsor of S. 974, a bill to amend title captive by Hamas and Hezbollah. solidated or closed altogether. Hun- VII of the Tariff Act of 1930 to provide At the request of Ms. COLLINS, her dreds of thousands of people have left that the provisions relating to counter- name was added as a cosponsor of S. small towns in rural areas throughout vailing duties apply to nonmarket Res. 92, supra. the Great Plains. If you are a business economy countries, and for other pur- S. RES. 122 owner, mayor, school board member, poses. At the request of Mr. HAGEL, the minister or resident of one of these S. 991 name of the Senator from Mississippi rural communities, you know firsthand At the request of Mr. DURBIN, the (Mr. COCHRAN) was added as a cospon- about this problem. People who are names of the Senator from Missouri sor of S. Res. 122, a resolution com- from these areas know that you simply (Mr. BOND), the Senator from Pennsyl- memorating the 25th anniversary of can’t grow or run a business in an envi- vania (Mr. CASEY) and the Senator the construction and dedication of the ronment where the overall economy is from Texas (Mr. CORNYN) were added as Vietnam Veterans Memorial. shrinking, current and potential cus- cosponsors of S. 991, a bill to establish tomers are leaving, and public and pri- S. RES. 130 the Senator Paul Simon Study Abroad vate investment is falling. Too many Foundation under the authorities of At the request of Mr. THOMAS, the communities in North Dakota and the Mutual Educational and Cultural name of the Senator from Nevada (Mr. other rural States lack the critical Exchange Act of 1961. REID) was added as a cosponsor of S. mass of people and resources it takes S. 1013 Res. 130, a resolution designating July to keep a community alive and grow- At the request of Mr. HARKIN, the 28, 2007, as ‘‘National Day of the Amer- ing. name of the Senator from Pennsyl- ican Cowboy’’. Rural counties in North Dakota and vania (Mr. CASEY) was added as a co- S. RES. 132 heartland States have experienced sponsor of S. 1013, a bill to amend title At the request of Mr. STEVENS, the massive net out-migration in recent XIX of the Social Security Act to en- names of the Senator from Georgia decades and this trend is continuing courage States to provide pregnant (Mr. ISAKSON), the Senator from Ne- today. Forty-seven of North Dakota’s women enrolled in the Medicaid pro- braska (Mr. HAGEL) and the Senator fifty-three counties suffered net popu- gram with access to comprehensive to- from Virginia (Mr. WEBB) were added lation losses between 2000 and 2005. My bacco cessation services. as cosponsors of S. Res. 132, a resolu- home county, Hettinger, saw its popu- S. 1018 tion recognizing the Civil Air Patrol lation dwindle from 4,257 in 1980 to just At the request of Mr. DURBIN, the for 65 years of service to the United 2,715 in 2000. Its population is projected name of the Senator from Pennsyl- States. to drop to just 1,877 by 2020.

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.038 S12APPT1 mstockstill on PROD1PC66 with SENATE S4440 CONGRESSIONAL RECORD — SENATE April 12, 2007 However, this out-migration problem In March, the Senate passed S. Con. tion to report on possible improve- isn’t limited to North Dakota. Nearly Res. 21, to establish a budget plan for ments to the current law that would all of America’s Heartland is facing fiscal year 2008. This resolution allows cover others with special disabilities, significant population losses. Over the for Senate action on the kinds of poli- such as those with traumatic brain in- past fifty years or so, nearly two-thirds cies provided in the New Homestead juries. of rural counties in the Great Plains Act. Specifically, Section 306 of the I am pleased to say the chairman of lost at least one third of their popu- budget authorizes the Budget Com- the Senate Veterans’ Affairs Com- lation. mittee Chairman to revise the levels in mittee, Senator DANNY AKAKA, and the One of the major problems caused by the resolution by $15 billion for rev- ranking member, Senator LARRY CRAIG chronic out-migration is the dwindling enue-neutral legislation that would, of Idaho, have joined me as original co- workforce of young people. A recent among other things, provide rural de- sponsors of this legislation, as well as analysis and report prepared by Dr. velopment investment incentives for my senior Senator from Texas, Mrs. Richard Rathge at the North Dakota counties impacted by high rates of out- HUTCHISON. State Data Center highlighted this migration. I grew up in a military family. My concern. His report revealed that the The Senate’s action on the budget dad served for 31 years in the Air steady out-migration of young adults signals that Federal policy makers in Force. I saw firsthand the importance over the last half century or so has sig- the U.S. Senate do understand that of treating our veterans in a fair and nificantly reduced the proportion of in- rural out-migration is a serious threat equitable manner. The sacrifices our dividuals age 20 to 34 in our rural coun- to the economic well-being of the Na- men and women in uniform make every ties. The report predicts that between tion’s Heartland. My colleagues and I day must not be forgotten when they 2000 and 2020, the prime working age will work closely with the leaders of take that uniform off or when they population in North Dakota, those the Budget Committee and the tax- leave their active-duty military serv- aged 35 to 54, will decline from 183,435 writing Senate Finance Committee to ice. No veteran should ever be left be- to 146,717, a loss of nearly 37,000 people. secure passage of New Homestead Act hind. The fundamental agreement—I If this trend continues as predicted, would say even sacred covenant—be- there will be more elderly North Dako- provisions in the coming year. tween our men and women in uniform tans age 65 and older in the year 2020 I urge my colleagues to support the and our Government does not end when than individuals who are in their prime New Homestead Act in the 110th Con- a servicemember is wounded or sepa- working years. As the report con- gress by cosponsoring it and helping us rates from the active-duty military cluded, this dwindling labor pool could move this important bill forward in the legislative process. service and becomes a veteran. have a devastating economic impact on Let there be no question about it, the rural communities that are already By Mr. CORNYN (for himself, Mr. conditions of these outpatient housing struggling from a loss of residents, CRAIG, Mr. AKAKA, and Mrs. facilities at Walter Reed were abso- businesses and investments needed to HUTCHISON): lutely unacceptable. But perhaps the survive. S. 1096. A bill to amend title 38, We believe the bipartisan New Home- story of that unacceptable condition United States Code, to provide certain stead Act will help reverse the depopu- has led us to finding a way to serve our housing benefits to disabled members lation of our rural communities by giv- wounded warriors and their families of the Armed Forces, to expand certain ing people who are willing to commit better. The U.S. military and the De- benefits for disabled veterans with se- to live and work in high out-migration partment of Veterans Affairs must con- areas for 5 years tax and other finan- vere burns, and for other purposes; to duct a top-to-bottom investigation of cial rewards to help them to buy a the Committee on Veterans’ Affairs. our entire military health system and Mr. CORNYN. Mr. President, for the home, pay for college, build a nest egg, take immediate steps to address any and start a business. These incentives past several months, our Nation has fo- and all problems that might exist. include repaying up to $10,000 of a col- cused on the tragic stories of the It is sobering to know—as Senator lege loan, offering a $5,000 tax credit shameful conditions our wounded sol- CRAIG quoted during this morning’s for the purchase of a new home, pro- diers have faced as outpatients in hearings in the Senate Armed Services tecting home values by allowing losses Building 18 at Walter Reed Army Med- Committee and Veterans’ Affairs Com- in home value to be deducted from Fed- ical Center, and the stories of the dif- mittee—that the conclusions reached eral income taxes, and establishing In- ficulty they faced as they tried to navi- by GEN Omar Bradley some five dec- dividual Homestead Accounts that will gate the military and veterans health ades ago were not fundamentally dif- help people build savings and have ac- care and benefits systems following ferent from those that are tentative cess to credit. their return from Afghanistan and conclusions today about how we can It also provides tax incentives to en- Iraq. improve that transition, and still we courage businesses to move to or ex- This morning, the chairman of the know problems exist. pand their operations in high out-mi- Senate Armed Services Committee and The President’s Commission on Care gration rural counties, including tax the ranking member—the committee for America’s Returning Wounded Vet- credits for investments in rural build- on which I serve—as well as the Vet- erans, led by Senator Bob Dole and ings and to offset the cost of equipment erans’ Affairs Committee had further Secretary Donna Shalala, is an impor- purchases and operating expenses of hearings and detailed the work we have tant component of this ongoing effort, small businesses with five or fewer em- to do to bring down another wall, and which will not be a task for the short- ployees. Very little, if any, private ven- that is the wall that separates our winded. We have an obligation and a ture capital is invested in out-migra- wounded warriors from the benefits duty to ensure that the men and tion rural counties, so the New Home- they have earned by their noble serv- women who are serving and who have stead Act also establishes a new $3 bil- ice. served in our military are receiving the lion venture capital fund with state Today I introduce the Veterans Hous- very best treatment and benefits for and local governments as partners to ing Benefits Enhancement Act of 2007 themselves and their families. We can- ensure that entrepreneurs and compa- that will provide immediate and tan- not and we should not tolerate any- nies in these areas get the capital they gible assistance to our wounded serv- thing less. We have to do whatever it need to start and grow their busi- icemembers and their families by takes, including providing both the nesses. strengthening our current law. necessary resources and cutting the bu- The United States Senate has pre- This legislation provides explicit VA reaucratic redtape, to best meet the viously passed parts of the New Home- housing and automobile grant eligi- medical and other needs of those who stead Act, but those and other provi- bility to servicemembers and veterans have so nobly defended our Nation’s sions in the bill have not yet been with burn injuries, enhanced eligibility freedom. signed into law. But there is good rea- for grant assistance during the Depart- In my State of Texas, my home of son to think we will make significant ment of Defense-to-Veterans’ Adminis- San Antonio, Brooke Army Medical progress on the New Homestead Act in tration transition, and requires the Center stands at the forefront of mod- the 110th Congress. Secretary of the Veterans’ Administra- ern army medicine, second to none in

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.040 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4441 the world. Without a doubt—and this is wounds and transitioning from the This legislation will also require the a personal judgment, and I know my military medical care into retirement Veterans’ Administration to report on colleagues will indulge me—it is and the veterans system; as well as the need for a permanent housing grant Brooke Army Medical Center that is Rosie Babin, on behalf of her son for wounded veterans who reside with the crown jewel of modern military Alan—are the most fervent and effec- family members; and, finally, it will medicine. I have seen firsthand the tive advocates anyone could ever want adjust current law to provide home im- magnificent job our men and women to have on your side. They have helped provements and structural alteration are doing at Brooke Army Medical me a great deal as I have tried to craft housing grants to Department of De- Center to care for our servicemembers, legislation which I have introduced fense servicemembers who are awaiting and they deserve all the credit and our today to help not only them, because I final VA disability ratings. firm support. know they didn’t come to me advo- As a direct result of the care and con- When I made my most recent visit to cating just for a solution for their hus- cern of military family members, such Brooke Army Medical Center, on band or their son, they came to me be- as Christy Patton and Rosie Babin, we March 10, I had the chance to not only cause they thought we could craft a so- now have a concrete response to the visit soldiers and their families but I lution for wounded warriors and their very real concerns they have raised and chaired a roundtable of hospital admin- families yet to come. These families, ways that we can, working together, istrators, veterans service organiza- though, are facing unique challenges as strengthen the current law. I hope my tions, and veterans themselves because they deal with the injuries of their colleagues will support this legislation I wanted to learn from them what we loved ones, and we have a responsi- so we can work together on a bipar- needed to do here in Washington, DC to bility to ensure they do not go it alone tisan basis, in unison, to support our craft the laws and policies of this Na- and that they get all the resources and wounded servicemembers and their tion to serve them better. I appreciate assistance our country can offer them families better, particularly people the strong opinions and advice ex- so they can recover to the maximum such as the Babins and the Pattons. pressed by these people who partici- degree possible. With continued attention to our vet- pated in the roundtable, and others The intent of the legislation which I erans, we can fashion a revised system who have been a source of information have introduced today, along with my that best supports them and their fam- and feedback to me as I try to do what cosponsors, is pretty straightforward. ilies. I know we all agree that they de- I can in my capacity as their elected Let me describe briefly what it does. serve nothing less. They are the very representative to accomplish these It would strengthen the present code finest our Nation has to offer. goals. The care and support our Nation to provide for the specific needs of burn By Mr. DOMENICI (for himself, provides to these wounded warriors is a victims for housing and automobile Mr. KENNEDY, Mr. BINGAMAN, direct reflection of the level of respect grants. It would ensure that wounded Mr. HARKIN, Mr. LEAHY, and Mr. we have for both our military, our servicemembers and veterans with SANDERS): military families, and our veterans, other specific needs, such as traumatic brain injuries, are also covered by S. 1098. A bill to amend the Public and will, in many ways, shape the Health Service Act to revise the armed services, the all-volunteer serv- these kinds of grants, if required. It would further strengthen the Depart- amount of minimum allotments under ices, for many years to come. They de- the Projects for Assistance in Transi- pend not only on recruitment but re- ment of Defense-to-Veterans’ Adminis- tration transition. tion from Homelessness program; to tention. the Committee on Health, Education, In conjunction with my most recent As the occupant of the chair knows, Labor, and Pensions. visit to Brooke Army Medical Center, I that has been one of the real problems we have identified early on, is Mr. DOMENICI. Mr. President, I rise heard from many soldiers, families, today with my colleagues, Senator and veterans about their individual ex- transitioning people from active-duty military service into the Veterans’ Ad- KENNEDY, Senator BINGAMAN, Senator periences, as I know the current occu- HARKIN, Senator LEAHY and Senator pant of the chair has when he has trav- ministration, with the duplicate bu- reaucracies and redtape and the dif- SANDERS to introduce a bill that will eled back to Colorado, and as all of us raise the minimum grant amounts have when we go back to learn more ferent standards for disability deter- mination and the like. But this bill, in given to States and territories under from our constituents about how we particular, would strengthen the De- the PATH program. The PATH pro- can improve our response. I learned in partment of Defense-to-Veterans Ad- gram provides services through for- particular of challenges that burn vic- ministration transition by providing mula grants of at least $300,000 to each tims and their families have faced be- partial housing grants for those vet- State, the District of Columbia and cause they have not received enough erans residing with a family member to Puerto Rico and $50,000 to eligible U.S. special care and assistance for that cover servicemembers still on active territories. Subject to available appro- particular type of injury in the area of duty awaiting their final VA disability priations, this bill will raise the min- VA housing grants and automobile en- rating. imum allotments to $600,000 to each hancements. I have to say a word here about the State and $100,000 to eligible U.S. terri- In particular, I want to recognize two family members. When I have been to tories. women, heroes in my eyes, and I am Walter Reed and when I have been to When the PATH program was estab- sure in the eyes of their families, peo- Brooke Army Medical Center in San lished in fiscal year 1991 as a formula ple such as Christy Patton, whose hus- Antonio, I have seen young spouses, grant program, Congress appropriated band, U.S. Army SSG Everett Patton, mostly women, who are attending to $33 million. That amount has steadily is undergoing treatment at Brooke their injured warrior husbands, or in increased over the years with Congress Army Medical Center. He was wounded the case of Rosie Babin, a mother, a appropriating $55 million this past and badly burned by an IED, an impro- loving mother attending to the needs year. However, despite these increases, vised explosive device, in Iraq while of her son, who was also injured in 2003. States and territories such as New with the 172nd Stryker Brigade from It was brought home to me on a very Mexico that have rural and frontier Alaska. The Pattons have five children. human level what these wounds mean populations, have not received an in- Then there is Rosie Babin, whose son not just to those who receive them but crease in their PATH funds. Under the Alan, a corporal, a medic, was shot to the family members, who basically formula, as it currently exists, many while serving in the 82nd Airborne sacrifice everything in order to attend States and territories will never re- combat team in 2003, now medically re- to and care for their loved ones. So we ceive an increase to their PATH pro- tired and living at home with his par- ought to do everything we can for our gram, even with increasing demand and ents outside Austin, TX. These two warriors, such as Alan Babin, who are inflation. This problem is occurring in women—Christy Patton, who sought living in their parents’ home, to make my home State of New Mexico as well me out and explained to me the dif- sure these housing grants will cover as twenty-five other States and terri- ficult challenges that her husband and servicemembers still on active duty tories throughout the United States. her family of five children are having who are awaiting their Veterans’ Ad- The PATH program is authorized transitioning and dealing with these ministration disability rating. under the Public Health Service Act

VerDate Aug 31 2005 01:32 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.038 S12APPT1 mstockstill on PROD1PC66 with SENATE S4442 CONGRESSIONAL RECORD — SENATE April 12, 2007 and it funds community-based out- for a fiscal year shall, at a minimum, be the cans, drastic increases in premiums reach, mental health, substance abuse, greater of— have made that small-group plan case management and other support ‘‘(A) the amount the State received under unaffordable for the Park employees. services, as well as a limited set of section 521 in fiscal year 2006; and The result is a genuine hardship for ‘‘(B) $600,000 for each of the several States, housing services for people who are the District of Columbia, and the Common- them and their families. homeless and have serious mental ill- wealth of Puerto Rico, and $100,000 for each My bill will resolve this problem sim- nesses. Program services are provided of Guam, the Virgin Islands, American ply, by making these employees eligi- in a variety of different settings, in- Samoa, and the Commonwealth of the North- ble for FEHBP health insurance. This cluding clinic sites, shelter-based clin- ern Mariana Islands. is a matter of equal treatment as well ics, and mobile units. In addition, the ‘‘(2) CONDITION.—If the funds appropriated as compassion. Full-time employees of PATH program takes health care serv- in any fiscal year under section 535 are insuf- other joint-responsibility parks on the ices to locations where homeless indi- ficient to ensure that States receive a min- U.S.A.-Canada border, like Glacier Na- viduals are found, such as streets, imum allotment in accordance with para- graph (1), then— tional Park, are already eligible for parks, and soup kitchens. ‘‘(A) no State shall receive less than the coverage under the FEHBP. PATH services are a key element in amount they received in fiscal year 2006; and Adding this handful of employees to the plan to end chronic homelessness. ‘‘(B) any funds remaining after amounts the rolls is a negligible cost to the gov- Every night, an estimated 600,000 peo- are provided under subparagraph (A) shall be ernment, but a huge relief for these de- ple are homeless in America. Of these, used to meet the requirement of paragraph serving citizens. about one-third are single adults with (1)(B), to the maximum extent possible.’’. I am pleased to be joined in this ef- serious mental illnesses. I have worked By Ms. COLLINS (for herself and fort by Senator HARKIN. He serves ably closely with organizations in New Mex- on the Roosevelt Campobello Inter- ico such as Albuquerque Health Care Mr. HARKIN): S. 1099. A bill to amend chapter 89 of national Park Commission, and so un- for the Homeless and I have seen first title 5, United States Code, to make in- derstands the problem faced by my hand the difficulties faced by the more dividuals employed by the Roosevelt Maine constituents employed at the than 15,000 homeless people in New Campobello International Park Com- park. Mexico, 35 percent of whom are chron- mission eligible to obtain Federal I hope that our colleagues will join ically mentally ill or mentally inca- health insurance; to the Committee on us to support this bill so that the pacitated. Homeland Security and Governmental American citizens maintaining a park PATH is a proven program that has honoring a great American President been very successful in moving people Affairs. Ms. COLLINS. Mr. President. I rise will be treated fairly. I ask unanimous out of homelessness. PATH has been to introduce a bill that would solve a concent that the text of the bill be reviewed by the Office of Management serious health-insurance problem for printed in the RECORD. and Budget and has scored signifi- some Americans who work on Campo- There being no objection, the text of cantly high marks in meeting program bello Island, Canada, near the Maine the bill was ordered to be printed in goals and objectives. Unquestionably, border, at a park that honors the mem- the RECORD, as follows: homelessness is not just an urban ory of President Franklin D. Roosevelt. S. 1099 issue. Rural and frontier communities Ten residents of the State of Maine Be it enacted by the Senate and House of Rep- face unique challenges in serving are employed on that beautiful island resentatives of the United States of America in PATH eligible persons and the PATH by the Roosevelt Campobello Inter- Congress assembled, program funding mechanisms must ac- national Park. The park centers on the SECTION 1. HEALTH INSURANCE. count for these differences. spacious summer cottage that FDR Section 8901(1) of title 5, United States I look forward to working with my loved and visited often, from his child- Code, is amended— colleagues on this important issue. hood in the 1880s up to his last trip in (1) in subparagraph (H), by striking ‘‘and’’ I ask unanimous consent that the 1939. Today, the Roosevelt cottage and at the end; text of the bill be printed in the the park draw thousands of visitors (2) in subparagraph (I), by inserting ‘‘and’’ after the semicolon; and RECORD. from around the world. There being no objection, the text of (3) by inserting before the matter following The Roosevelt Campobello Inter- subparagraph (I) the following: the bill was ordered to be printed in national Park was dedicated in 1964 as the RECORD, as follows: ‘‘(J) an individual who is employed by the a memorial to President Roosevelt, and Roosevelt Campobello International Park S. 1098 is funded by both the U.S. and the Ca- Commission and is a citizen of the United Be it enacted by the Senate and House of Rep- nadian Governments under terms of a States,’’. resentatives of the United States of America in Congress assembled, treaty. Unfortunately, the drafters of the By Mr. BINGAMAN (for himself, SECTION 1. MINIMUM ALLOTMENTS UNDER THE Mr. SMITH, Mr. KOHL, Ms. PROJECTS FOR ASSISTANCE IN treaty did not address the need for TRANSITION FROM HOMELESSNESS health insurance for park employees. SNOWE, Mrs. LINCOLN, and Mr. PROGRAM. As a result, the State Department con- KERRY): Section 524 of the Public Health Service cluded in 1965 that those employees S. 1102. A bill to amend title XVIII of Act (42 U.S.C. 290cc–24) is amended to read as ‘‘shall be subject to the relevant Cana- the Social Security Act to expedite the follows: dian labor laws.’’ Based on that State application and eligibility process for ‘‘SEC. 524. DETERMINATION OF AMOUNT OF AL- LOTMENT. Department opinion, the U.S. Civil low-income subsidies under the Medi- ‘‘(a) DETERMINATION UNDER FORMULA.— Service Commission—precursor of the care prescription drug program and to Subject to subsection (b), the allotment re- Office of Personnel Management—de- revise the resource standards used to quired in section 521 for a State for a fiscal termined that the employees were not determine eligibility for an income-re- year is the product of— eligible for Federal Employee Health lated subsidy, and for other purposes; ‘‘(1) an amount equal to the amount appro- Benefits Program coverage. to the Committee on Finance. priated under section 535 for the fiscal year; Meanwhile, even if the employees By Mr. BINGAMAN (for himself, Mr. and SMITH, and Mr. KERRY): ‘‘(2) a percentage equal to the quotient of— could join the Canadian health plan, ‘‘(A) an amount equal to the population the park’s location makes it imprac- S. 1103. A bill to amend title XVIII of living in urbanized areas of the State in- tical for them to seek medical treat- the Social Security At to include costs volved, as indicated by the most recent data ment in Canada. The closest doctors incurred by the Indian Health Service, collected by the Bureau of the Census; and and hospitals are in Maine, and the a Federally qualified health center, an ‘‘(B) an amount equal to the population only access to the park is from the AIDS drug assistance program, certain living in urbanized areas of the United United States. hospitals, or a pharmaceutical manu- States, as indicated by the sum of the re- Consequently, the employees have re- facturer patient assistance program in spective amounts determined for the States lied on a small-group insurance plan providing prescription drugs toward under subparagraph (A). ‘‘(b) MINIMUM ALLOTMENT.— negotiated by the Park Commission the annual out of pocket threshold ‘‘(1) IN GENERAL.—Subject to paragraph (2), and have paid for their own insurance. under part D of the Medicare program; the allotment for a State under section 521 But as with millions of other Ameri- to the Committee on Finance.

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.047 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4443 Mr. BINGAMAN. Mr. President, I rise and two-thirds of couples who have Health Insurance Programs, and funds today with my colleague Senator been denied LIS because of excess re- the National Center on Senior Benefits SMITH to introduce two pieces of vi- sources. and Outreach, which was created last tally important, bipartisan legislation As recommended by OIG in fall 2006, year in the Older Americans Act. that will ensure that low-income sen- this legislation also allows the Internal The second piece of legislation cre- iors have full access to the benefits Revenue Service (IRS) to transfer tax ates important equity between institu- available to them under the Medicare filing information to the Social Secu- tionalized Part D beneficiaries dually Drug Benefit. The first piece of legisla- rity Administration (SSA) so they can eligible for Medicare and Medicaid and tion makes critical improvements in better target beneficiaries who might those dual eligibles who avoid the Medicare Part D Low-Income Sub- be eligible for the LIS. In addition, this initialization through a Home and sidy (LIS) available to assist these in- legislation creates an expedited LIS Community Based Waiver (HCBW). dividuals in meeting cost sharing, pre- application process for pre-screened Currently under Federal law, Part D mium, and deductible requirements beneficiaries, prohibits the reporting of cost-sharing requirements are waived under Part D. The second will ensure retirement account balances, life-in- for dual-eligible individuals that are that low-income seniors don’t get surance policies and in-kind contribu- institutionalized but are not waived for caught in the Medicare Part D cov- tions when determining a beneficiary’s individuals in HCBWs. Senator SMITH’s erage gap, or ‘‘doughnut hole,’’ simply resource level, and prohibits LIS bene- legislation would make an important because of where they purchase their fits from being counted as resources for change to Federal law to all allow cost Part D pharmaceuticals. the purposes of determining eligibility sharing under Part D to be waived for These bills were developed in close for other federal programs. dual eligibles regardless of whether collaboration with Senator SMITH, who I also am introducing the Low-In- they are institutionalized or receiving also will be introducing two bills today come True Out-Of Pocket (TrOOP) Ex- care through HCBWs. to achieve other, critical improve- pense under Part D Assistance bill, I also would like to express my grati- ments in the Medicare program for which ensures that low-income Ameri- tude for the assistance of several key low-income seniors. Together, we be- cans do not get ‘‘stuck’’ in the Part D senior citizen advocates in crafting all lieve this package of four bills will pro- ‘‘doughnut hole’’ simply because of four important pieces of legislation, in- vide the reforms necessary to ensure where they choose to purchase Part D cluding: Paul Cotton and Kristen Sloan that the Medicare program and the LIS pharmaceuticals. from the American Association of Re- function as they were intended, to en- Unbelievably, under current regula- tired Persons, Howard Bedlin and Sara sure access to life-saving drug coverage tion and guidance, individuals who are Duda from the National Council on for some of the most vulnerable mem- in the doughnut hole and receive Part Aging, Lena O’Rourke and Marc Stein- bers of our society. D drugs from commercial pharmacies berg from Families USA, Patricia Data indicates that a shockingly low are permitted to count waivers or re- Nemore and Vicki Gottlich from the number of seniors eligible for the LIS ductions in Part D cost-sharing to Center for Medicare Advocacy and Paul benefit are actually receiving the ben- count towards their TrOOP. However, Precht, from the Medicare Rights Cen- efit. According to the January 2007 re- low-income individuals who tend to re- ter. I would also like to thank the Staff port by the National Council on Aging ceive Part D drugs from safety-net at the Social Security Administration (NCOA), The Next Steps: Strategies to pharmacies and other safety-net pro- (SSA) for their prompt feedback and Improve the Medicare Part D Low-In- viders are not permitted to count simi- invaluable assistance. come Subsidy, only 35 percent to 42 lar waivers or reductions in Part D I urge my colleagues to join me in percent of beneficiaries who could have cost-sharing by safety-net providers to- supporting these important pieces of successfully applied for the LIS in 2006 wards their TrOOP. Thus, current law legislation, which will ensure that life were actually receiving it. Exacer- penalizes low-income individuals and saving pharmaceuticals are available bating this problem, NCOA also reports makes it easier for them to get stuck to low-income Americans. that overall LIS enrollment rates are in the doughnut hole—never accessing I ask unanimous consent that the Na- slowing. In total for 2007, NCOA esti- the catastrophic coverage to which tional Council on Aging Report, and mates that between 3.4 and 4.4 million they are entitled. the text of these bills to be printed in beneficiaries still must be identified My legislation would undo this in- the RECORD. and enrolled in the LIS. Furthermore, equity and permit waivers and reduc- There being no objection, the mate- data indicates that certain LIS re- tions for beneficiaries receiving care rial was ordered to be printed in the quirements result in many low-income from safety-net providers to count to- RECORD, as follows: seniors that should be eligible for the wards beneficiaries’ TrOOP. Specifi- THE NEXT STEPS: STRATEGIES TO IMPROVE benefit being denied enrollment in LIS. cally, the legislation will count waiv- THE MEDICARE PART D LOW-INCOME SUBSIDY I believe the modest policy changes ers and reductions by certain safety- The passage of the Medicare Modernization created by the legislation I and Sen- net hospitals and pharmacies, Feder- Act (MMA) was the largest expansion of the ator SMITH are introducing will ensure ally Qualified Health Centers (FQHCs), Medicare program since its inception in 1965 that all low-income beneficiaries have AIDS Drug Assistance Programs and over 90 percent of Medicare beneficiaries (ADAPs), Pharmacy Assistance Pro- now have prescription drug coverage due to access to the LIS. unprecedented efforts by the public and pri- The single most significant barrier to grams (PAPs), and the Indian Health vate sectors. However, millions of those in LIS eligibility is the asset test, which Service (IRS) toward TrOOP. greatest need have still not signed up for the accounts for approximately 41 percent In closing, I would also like to offer Low-Income Subsidy (LIS or Extra Help) of LIS denials. As reported by NCOA, my strong support for the two bills on program, which provides generous financial the asset test penalizes low income re- which we worked very closely with assistance to beneficiaries with limited in- tirees who may have very modest sav- Senator Smith and that he is intro- come and resources, including coverage ings. For example, approximately half ducing today. The first is the Medicare through the ‘‘donut hole.’’ HHS has esti- of the people that failed the asset test Part D Outreach and Enrollment En- mated that at least 75% of the Medicare beneficiaries still without any prescription have excess assets of $35,000 or less. hancement Act, which creates a perma- drug coverage are eligible for the Low-In- These people tend to be older, female, nent 90-day special enrollment period come Subsidy. widowed, and living alone. In addition for any beneficiary who becomes eligi- The challenge of finding and enrolling peo- the asset test is inherently discrimina- ble for the LIS. It also requires CMS to ple with limited means in needs-based pro- tory against certain categories of peo- provide such beneficiaries facilitated grams is not new. After forty years, take-up ple, e.g., people who rent their homes. enrollment into the plans allowing, rates remain low for many federal means- My legislation, the Part D Equity for within 90 days, the beneficiary to be tested benefits. As a result of unprecedented Low-Income Seniors Act, will dramati- enrolled into the most appropriate plan efforts by the public, non-profit and private sectors in the first year of the program, cally improve this inequity by raising for his or her needs. The legislation NCOA estimates that 35% to 42% of bene- the asset test limits to $27,500 for an also waives the late enrollment penalty ficiaries who could have successfully applied individual and $55,000 for a couple. This for LIS beneficiaries, provides a $1 per for the LIS in 2006 are actually receiving it. will capture about half of individuals beneficiary authorization for State While the LIS take-up rate so far is on a par

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.051 S12APPT1 mstockstill on PROD1PC66 with SENATE S4444 CONGRESSIONAL RECORD — SENATE April 12, 2007 with historic enrollment rates in other fed- SECTION 1. SHORT TITLE. made against the individual because of such eral, needs-based programs (especially after This Act may be cited as the ‘‘Part D Eq- subsidies improperly paid. the first year of effort), there are signs that uity for Low-Income Seniors Act of 2007’’. ‘‘(4) USE OF AUTHORIZED REPRESENTATIVE.— overall enrollment rates are slowing. We es- SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES Under such process, with proper authoriza- timate that there are between 3.4 and 4.4 UNDER THE MEDICARE PRESCRIP- tion (which may be part of the attestation million beneficiaries that we still need to TION DRUG PROGRAM. form described in paragraph (2)(D)), an indi- find and sign up for the program in 2007. (a) IN GENERAL.—Section 1860D–14 of the vidual may authorize another individual to Social Security Act (42 U.S.C. 1395w-114) is These are people who would benefit most act as the individual’s personal representa- amended by adding at the end the following from the coverage that Part D and the LIS tive with respect to communications under can offer them. With targeted investments new subsection: ‘‘(e) EXPEDITED APPLICATION AND ELIGI- this part and the enrollment of the indi- and modest policy changes, significantly BILITY PROCESS.— vidual under a prescription drug plan (or higher participation rates can be achieved in ‘‘(1) EXPEDITED PROCESS.— MA–PD plan) and for low-income subsidies 2007. ‘‘(A) IN GENERAL.—The Commissioner of under this section. This paper identifies recommended legisla- Social Security shall provide for an expe- ‘‘(5) USE OF PREFERRED LANGUAGE IN SUBSE- tive, administrative, and regulatory reforms dited process under this subsection for the QUENT COMMUNICATIONS.—In the case an at- that should be made to the LIS to improve qualification for low-income assistance testation described in paragraph (2)(D) is access to the program for seniors and people under this section through a request to the completed and in which a language other with disabilities with limited means. Some Secretary of the Treasury as provided in sub- than English is specified under clause (iii) of of the key legislative reforms recommended paragraph (B) for information described in such paragraph, the Commissioner of Social include: (1) eliminating the asset test, as it section 6103(l)(21) of the Internal Revenue Security shall provide that subsequent com- is the single-most significant barrier to Part Code of 1986. Such process shall be conducted munications to the individual under this D LIS eligibility; (2) enacting legislation to in cooperation with the Secretary. part shall be in such language. make the LIS Special Enrollment Period ‘‘(B) CURRENTLY ELIGIBLE INDIVIDUALS.— ‘‘(6) CONSTRUCTION.—Nothing in this sub- (SEP) permanent and eliminate the late en- The Commissioner of Social Security shall, section shall be construed as precluding the rollment premium penalty for this popu- as soon as practicable after implementation Commissioner of Social Security or the Sec- lation; and (3) establishing and funding a of subparagraph (A), screen such individual retary from taking additional outreach ef- dedicated, nationwide network of enrollment for eligibility for the low-income subsidy forts to enroll eligible individuals under this centers through the new National Center on provided under this section through such a part and to provide low-income subsidies to Senior Benefits Outreach and Enrollment in request to the Secretary of the Treasury. eligible individuals.’’. order to find and enroll remaining LIS eligi- ‘‘(2) NOTIFICATION OF POTENTIALLY ELIGIBLE (b) DISCLOSURE OF RETURN INFORMATION bles. INDIVIDUALS.—Under such process, in the There are also significant administrative case of each individual identified under para- FOR PURPOSES OF DETERMINING INDIVIDUALS and regulatory reforms recommended in this graph (1) who has not otherwise applied for, ELIGIBLE FOR SUBSIDIES UNDER MEDICARE paper. Some of the reforms include having or been determined eligible for, benefits PART D.— the Social Security Administration (SSA): under this section (or who has applied for (1) IN GENERAL.—Subsection (l) of section (1) designate at least one dedicated worker in and been determined ineligible for such bene- 6103 of the Internal Revenue Code of 1986 is each field office who is assigned specifically fits based only on excess resources), the amended by adding at the end the following to process LIS applications where practical; Commissioner of Social Security shall send a new paragraph: (2) amend the LIS application to allow appli- notification that the individual is likely eli- ‘‘(21) DISCLOSURE OF RETURN INFORMATION cants to designate a third party to assist gible for low-income subsidies under this sec- TO CARRY OUT MEDICARE PART D SUBSIDIES.— them through the LIS application process tion. Such notification shall include the fol- ‘‘(A) IN GENERAL.—The Secretary shall, and interact with SSA on their behalf; and lowing: upon written request from the Commissioner (3) maintain a link from the online LIS ap- ‘‘(A) APPLICATION INFORMATION.—Informa- of Social Security under section 1860D– plication to a webpage that provides seniors tion on how to apply for such low-income 14(e)(1) of the Social Security Act, disclose and people with disabilities—as well as their subsidies. to officers and employees of the Social Secu- family members, friends, or advocates—with ‘‘(B) DESCRIPTION OF THE LIS BENEFIT.—A rity Administration return information of a state-specific information on other public description of the low-income subsidies taxpayer who (according to the records of benefits for which they may be eligible. available under this section. the Secretary) may be eligible for a subsidy In addition to implementing reforms to the ‘‘(C) INFORMATION ON STATE HEALTH INSUR- under section 1860D–14 of the Social Security Part D LIS program, Prescription Drug ANCE PROGRAMS.—Information on— Act. Such return information shall be lim- Plans (PDPs) and Medicare Advantage-Pre- ‘‘(i) the State Health Insurance Assistance ited to— scription Drug plans (MAPDs) should be re- Program for the State in which the indi- ‘‘(i) taxpayer identity information with re- quired to screen their member lists for indi- vidual is located; and spect to such taxpayer, viduals who are potentially eligible for the ‘‘(ii) how the individual may contact such ‘‘(ii) the filing status of such taxpayer, Low- Income Subsidy. We estimate that up Program in order to obtain assistance re- ‘‘(iii) the gross income of such taxpayer, to 1.1 million more people in plans could en- garding enrollment and benefits under this ‘‘(iv) such other information relating to roll in the LIS if they knew they were eligi- part. the liability of the taxpayer as is prescribed ble for the program and received application ‘‘(D) ATTESTATION.—An application form by the Secretary by regulation as might in- assistance. PDPs and MA-PDs could partner that provides for a signed attestation, under dicate the eligibility of such taxpayer for a with nonprofit organizations to help screen penalty of law, as to the amount of income subsidy under section 1860D–14 of the Social their members for LIS eligibility. and assets of the individual and constitutes Security Act, and We commend CMS for its recent decisions an application for the low-income subsidies ‘‘(v) the taxable year with respect to which to permit low-income beneficiaries to sign under this section. Such form— the preceding information relates. up for LIS and enroll in a plan throughout ‘‘(i) shall not require the submittal of addi- ‘‘(B) RESTRICTION ON USE OF DISCLOSED IN- the remainder of 2007 without penalty. This tional documentation regarding income or FORMATION.—Return information disclosed action is necessary, but not sufficient in assets; under this paragraph may be used by officers itself to achieve higher LIS enrollments in ‘‘(ii) shall permit the appointment of a per- and employees of the Social Security Admin- 2007. To reach the remaining LIS eligibles, sonal representative described in paragraph istration only for the purposes of identifying additional investment in proven strategies (4); and eligible individuals for, and, if applicable, ad- that work is needed, along with progress on ‘‘(iii) shall allow for the specification of a ministering— the other recommendations included in this language (other than English) that is pre- ‘‘(i) low-income subsidies under section paper. ferred by the individual for subsequent com- 1860D–14 of the Social Security Act, and With the beginning of the second year of munications with respect to the individual ‘‘(ii) the Medicare Savings Program imple- this program, the Access to Benefits Coali- under this part. mented under clauses (i), (iii), and (iv) of sec- tion and NCOA call on the Administration, If a State is doing its own outreach to low- tion 1902(a)(10)(E) of such Act. foundations, corporations and advocacy income seniors regarding enrollment and ‘‘(C) TERMINATION.—Return information groups to renew their commitment to out- low-income subsidies under this part, such may not be disclosed under this paragraph reach and enrollment efforts and to invest in process shall be coordinated with the State’s after the date that is one year after the date effective strategies to help seniors and peo- outreach effort. of the enactment of this paragraph.’’. ple with disabilities in greatest need to re- ‘‘(3) HOLD-HARMLESS.—Under such process, (2) CONFORMING AMENDMENTS.—Paragraph ceive the important benefits available to if an individual in good faith and in the ab- (4) of section 6103(p) of the Internal Revenue them. sence of fraud executes an attestation de- Code of 1986 is amended— scribed in paragraph (2)(D) and is provided (A) by striking ‘‘(14) or (17)’’ in the matter S. 1102 low-income subsidies under this section on preceding subparagraph (A) and inserting Be it enacted by the Senate and House of Rep- the basis of such attestation, if the indi- ‘‘(14), (17), or (21)’’; and resentatives of the United States of America in vidual is subsequently found not eligible for (B) by striking ‘‘(15) or (17)’’ in subpara- Congress assembled, such subsidies, there shall be no recovery graph (F)(ii) and inserting ‘‘(15), (17), or (21)’’.

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.053 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4445 SEC. 3. MODIFICATION OF RESOURCE STAND- (4) in the flush sentence at the end, by (C) by striking ‘‘(other than under such ARDS FOR DETERMINATION OF ELI- striking ‘‘clause (i) or (ii)’’ and inserting section or such a Program)’’; and GIBILITY FOR LOW-INCOME SUB- ‘‘clause (i), (ii), or (iii)’’. (D) by striking the period at the end and SIDY. (b) INDEXING COST-SHARING.—Section inserting ‘‘; and’’; and (a) INCREASING THE ALTERNATIVE RESOURCE 1860D–14(a) of the Social Security Act (42 (3) by inserting after clause (ii) the fol- STANDARD.—Section 1860D–14(a)(3)(E)(i) of U.S.C. 1395w–114(a)) is amended– lowing new clause: the Social Security Act (42 U.S.C. 1395w– (1) in paragraph (1)(D)(iii), by striking ‘‘ex- ‘‘(iii) such costs shall be treated as in- 114(a)(3)(E)(i)) is amended— ceed the copayment amount’’ and all that curred and shall not be considered to be re- (1) in subclause (I), by striking ‘‘and’’ at follows through the period at the end and in- imbursed under clause (ii) if such costs are the end; serting ‘‘exceed— borne or paid— (2) in subclause (II)— ‘‘(I) for 2006 and 2007, the copayment ‘‘(I) under section 1860D–14; (A) by striking ‘‘a subsequent year’’ and in- amount specified under section 1860D– ‘‘(II) under a State Pharmaceutical Assist- serting ‘‘2007’’; 2(b)(4)(A)(i)(I) for the drug and year involved; ance Program; (B) by striking ‘‘in this subclause (or sub- and ‘‘(III) by the Indian Health Service, an In- clause (I)) for the previous year’’ and insert- ‘‘(II) for 2008 and each succeeding year, the dian tribe or tribal organization, or an urban ing ‘‘in subclause (I) for 2006’’; amount determined under this subparagraph Indian organization (as defined in section 4 (C) by striking the period at the end and for the previous year increased by the annual of the Indian Health Care Improvement Act); inserting a semicolon; and percentage increase in the consumer price ‘‘(IV) by a Federally qualified health cen- (D) by inserting before the flush sentence index (all items; U.S. city average) as of Sep- ter (as defined in section 1861(aa)(4)); at the end the following new subclauses: tember of such previous year.’’; and ‘‘(V) under an AIDS Drug Assistance Pro- ‘‘(III) for 2008, $27,500 (or $55,000 in the case (2) in paragraph (2)(E), by striking ‘‘exceed gram under part B of title XXVI of the Pub- of the combined value of the individual’s as- the copayment or coinsurance amount’’ and lic Health Service Act; sets or resources and the assets or resources all that follows through the period at the ‘‘(VI) by a subsection (d) hospital (as de- of the individual’s spouse); and end and inserting ‘‘exceed— fined in section 1886(d)(1)(B)) that meets the ‘‘(IV) for a subsequent year the dollar ‘‘(i) for 2006 and 2007, the copayment or co- requirements of clauses (i) and (ii) of section amounts specified in this subclause (or sub- insurance amount specified under section 340B(a)(4)(L) of the Public Health Service clause (III)) for the previous year increased 1860D–2(b)(4)(A)(i)(I) for the drug and year in- Act; or by the annual percentage increase in the volved; and ‘‘(VII) by a pharmaceutical manufacturer consumer price index (all items; U.S. city av- ‘‘(ii) for 2008 and each succeeding year, the patient assistance program, either directly erage) as of September of such previous amount determined under this clause for the or through the distribution or donation of year.’’; and previous year increased by the annual per- covered part D drugs, which shall be valued (3) in the flush sentence at the end, by in- centage increase in the consumer price index at the negotiated price of such covered part serting ‘‘or (IV)’’ after ‘‘subclause (II)’’. (all items; U.S. city average) as of Sep- D drug under the enrollee’s prescription drug (b) EXEMPTIONS FROM RESOURCES.—Section tember of such previous year.’’. plan or MA–PD plan as of the date that the 1860D–14(a)(3) of the Social Security Act (42 SEC. 5. NO IMPACT ON ELIGIBILITY FOR BENE- drug was distributed or donated.’’. U.S.C. 1395w–114(a)(3)) is amended— FITS UNDER OTHER PROGRAMS. (b) EFFECTIVE DATE.—The amendments (1) in subparagraph (D), in the matter pre- (a) IN GENERAL.—Section 1860D–14(a)(3) of made by subsection (a) shall apply to costs ceding clause (i), by inserting ‘‘subject to the the Social Security Act (42 U.S.C. 1395w– incurred on or after January 1, 2008. additional exclusions provided under sub- 114(a)(3)), as amended by section 3(c)(3), is paragraph (G)’’ before ‘‘)’’; amended— By Mr. KENNEDY (for himself, (2) in subparagraph (E)(i), in the matter (1) in subparagraph (A), in the matter pre- Mr. SMITH, Mr. LEAHY, Mr. preceding subclause (I), by inserting ‘‘subject ceding clause (i), by striking ‘‘subparagraph to the additional exclusions provided under (F)’’ and inserting ‘‘subparagraphs (F) and SPECTER, Ms. MIKULSKI, Ms. subparagraph (G)’’ before ‘‘)’’; and (H)’’; and COLLINS, Mr. MENENDEZ, Ms. (3) by adding at the end the following new (2) by adding at the end the following new SNOWE, Mr. BROWN, Mr. KERRY, subparagraph: subparagraph: Mr. DURBIN, Mr. LAUTENBERG, ‘‘(G) ADDITIONAL EXCLUSIONS.—In deter- ‘‘(H) NO IMPACT ON ELIGIBILITY FOR BENE- Mr. DODD, Mr. NELSON of Ne- mining the resources of an individual (and FITS UNDER OTHER PROGRAMS.—The avail- braska, Mrs. FEINSTEIN, Mr. their eligible spouse, if any) under section ability of premium and cost-sharing sub- LEVIN, Mr. HARKIN, Mr. 1613 for purposes of subparagraphs (D) and sidies under this section shall not be treated WHITEHOUSE, Ms. STABENOW, (E) the following additional exclusions shall as benefits or otherwise taken into account apply: in determining an individual’s eligibility for, Mr. BIDEN, Mrs. MURRAY, Mr. ‘‘(i) LIFE INSURANCE POLICY.—No part of the or the amount of benefits under, any other BAYH, Ms. CANTWELL, Mr. value of any life insurance policy shall be Federal program.’’. CARDIN, Mr. LIEBERMAN, Mr. taken into account. (b) EFFECTIVE DATE.—The amendments REED, Mr. SCHUMER, Mr. ‘‘(ii) IN-KIND CONTRIBUTIONS.—No in-kind made by this section shall take effect on the OBAMA, Mrs. BOXER, Ms. contribution shall be taken into account. date of enactment of this Act. KLOBUCHAR, Mr. AKAKA, Mr. ‘‘(iii) PENSION OR RETIREMENT PLAN.—No BINGAMAN, Mrs. CLINTON, Ms. balance in any pension or retirement plan S. 1103 shall be taken into account.’’. Be it enacted by the Senate and House of Rep- LANDRIEU, Mr. ROCKEFELLER, (c) EFFECTIVE DATE.—The amendments resentatives of the United States of America in Mrs. LINCOLN, Mr. CASEY, Mrs. made by this section shall take effect on the Congress assembled, MCCASKILL, Mr. INOUYE, Mr. date of enactment of this Act. SECTION 1. SHORT TITLE. NELSON of Florida, Mr. SEC. 4. INDEXING DEDUCTIBLE AND COST-SHAR- This Act may be cited as the ‘‘Helping Fill SALAZAR, and Mr. JOHNSON): ING ABOVE ANNUAL OUT-OF-POCKET the Medicare Rx Gap Act of 2007’’. S. 1105. A bill to provide Federal as- THRESHOLD FOR INDIVIDUALS SEC. 2. INCLUDING COSTS INCURRED BY THE IN- sistance to States, local jurisdictions, WITH INCOME BELOW 150 PERCENT DIAN HEALTH SERVICE, A FEDER- OF POVERTY LINE. ALLY QUALIFIED HEALTH CENTER, and Indian tribes to prosecute hate (a) INDEXING DEDUCTIBLE.—Section 1860D– AN AIDS DRUG ASSISTANCE PRO- crimes, and for other purposes; to the 14(a)(4)(B) of the Social Security Act (42 GRAM, CERTAIN HOSPITALS, OR A Committee on the Judiciary. U.S.C. 1395w–114(a)(4)(B)) is amended— PHARMACEUTICAL MANUFACTURER Mr. KENNEDY. Mr. President, hate (1) in clause (i), by striking ‘‘or’’; PATIENT ASSISTANCE PROGRAM IN PROVIDING PRESCRIPTION DRUGS crimes violate everything our country (2) in clause (ii)— TOWARD THE ANNUAL OUT OF stands for. They send the poisonous (A) by striking ‘‘a subsequent year’’ and in- POCKET THRESHOLD UNDER PART message that certain Americans de- serting ‘‘2008’’; D. serve to be victimized solely because of (B) by striking ‘‘this clause (or clause (i)) (a) IN GENERAL.—Section 1860D–2(b)(4)(C) of for the previous year’’ and inserting ‘‘clause the Social Security Act (42 U.S.C. 1395w– who they are. These are crimes com- (i) for 2007’’; and 102(b)(4)(C)) is amended— mitted against entire communities, the (C) by striking ‘‘involved.’’ and inserting (1) in clause (i), by striking ‘‘and’’ at the Nation as a whole and the very ideals ‘‘involved; and’’; end; upon which our country was founded. (3) by adding after clause (ii) the following (2) in clause (ii)— The vast majority of Congress agrees. new clause: (A) by striking ‘‘such costs shall be treated In 2000, 57 Senators voted in support of ‘‘(iii) for 2008 and each succeeding year, the as incurred only if’’ and inserting ‘‘subject to this bill. In 2002, 54 Senators voted with amount determined under this subparagraph clause (iii), such costs shall be treated as in- for the previous year increased by the annual curred if’’; us, and, in 2004, we had 65 votes. Today, percentage increase in the consumer price (B) by striking ‘‘, under section 1860D–14, we are re-introducing this bicameral, index (all items; U.S. city average) as of Sep- or under a State Pharmaceutical Assistance bipartisan bill with the support of 39 tember of such previous year.’’; and Program’’; original cosponsors, and we have the

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.049 S12APPT1 mstockstill on PROD1PC66 with SENATE S4446 CONGRESSIONAL RECORD — SENATE April 12, 2007 votes to get cloture. We have the votes hate crime and were acquitted. The ju- In October 2002, two deaf girls in in the House too. This year, we are rors said the government failed to Somerville, MA—one of whom was going to get it done. prove that the attack took place be- wheelchair bound due to cerebral Our legislation is supported by a cause the victims were engaged in a palsy—were harassed and sexually as- broad coalition of over 210 law enforce- federally protected activity—using the saulted by four suspected gang mem- ment, civic, religious and civil rights restaurant. The result in this case is bers in a local park. Although the al- groups, including the International As- only one example of the inadequate leged perpetrators were charged in the sociation of Chiefs of Police, the Na- protection under current law. The bill incident, the assaults could not be tional Sheriffs Association, the Anti- we introduce today will eliminate the charged as hate crimes because there is Defamation League, the Interfaith Al- federally protected activity require- no Federal protection for hate crimes liance, the U.S. Conference of Mayors, ment. Under this bill, the defendants against disabled individuals. the Leadership Conference on Civil who left the courtroom as free men These examples graphically illus- Rights, the National District Attor- would almost certainly have left in trate the senseless brutality that our neys Association, and the National handcuffs through a different door. fellow citizens face simply for being Center for Victims of Crime. The bill also recognizes that hate who they are. They also highlight the Data from the National Crime Vic- crimes are also committed against peo- importance of passing this legislation, timization Survey are especially dis- ple because of their sexual orientation, which is long overdue.The vast major- turbing because they indicate that a their gender, their gender identity, or ity of us in Congress have recognized large number of hate crimes go unre- their disability. It’s up to Congress to the importance of this legislation since ported. The data indicates that an av- make sure that tough Federal penalties it was first introduced—nearly 10 years erage of 191,000 hate crimes take place also apply to those who commit such ago. This year, we have an opportunity every year, but only a small percentage crimes as well. Passing this bill will to pass it in both the Senate and the are reported to the police. send a loud and clear message. All hate House, and enact it into law. Let’s We obviously need to strengthen the crimes will face Federal prosecution. make the most of this opportunity, and ability of Federal, State and local gov- Action is long overdue. do all we can to end these senseless ernments to investigate and prosecute Examples of the problem abound. crimes. these vicious and senseless crimes. The Two years ago, a 52-year-old Alabama I ask unanimous consent to print in existing Federal hate crime statute man was beaten on the head with a the RECORD this list of organizations was passed in 1968, soon after the assas- hammer because he was gay. Still wait- who support the Matthew Shepard bill. sination of Dr. Martin Luther King, Jr. ing for justice, the man lies in a coma There being no objection the mate- It was such an important step forward as a result of that attack. rial was ordered to be printed as fol- at the time, but it is now a generation In 1993, a 21-year-old transgender lows: out of date. man, Brandon Teena was raped and The absence of effective legislation beaten in Humboldt, NE, by two male 1. American-Arab Anti-Discrimination has undoubtedly resulted in the failure friends. The local sheriff refused to ar- Committee. 2. American Association of University to solve many hate-motivated crimes. rest the offenders, and they later shot Women. The recent action of the Justice De- and stabbed Brandon to death. 3. American Civil Liberties Union. partment in reopening 40 civil-rights- In 1999, four women in Yosemite Na- 4. American Jewish Committee. era murders demonstrates the need for tional Park were targeted by a man 5. American Psychological Association. adequate laws. Many of the victims in who admitted to having fantasized 6. Anti-Defamation League. these cases have been denied justice for about killing women for most of his 7. Asian American Justice Center. life. The current hate crime law did not 8. Center for the Study of Hate and Extre- decades, and for some, justice will mism. never come. apply to this horrific crime because en- 9. Human Rights Campaign. This bill corrects two major defi- joyment of a Federal park is not a fed- 10. Interfaith Alliance. ciencies in current law—one, the exces- erally protected right. 11. International Association of Chiefs of sive restrictions requiring proof that In 2001, Fred C. Martinez, Jr., a Nav- Police. victims were attacked because they ajo, openly gay, transgender youth, 12. Japanese American Citizens League. were engaged in certain ‘‘federally pro- was murdered while walking home 13. Jewish Council for Public Affairs. tected activities,’’ and, two, the lim- from a party in Cortez, CO. The perpe- 14. Leadership Conference on Civil Rights. trator, Shaun Murphy, had traveled 15. Matthew Shepard Foundation. ited scope of the law, which covers only 16. National Association for the Advance- hate crimes based on race, religion, or from New Mexico to Colorado with a ment of Colored People. ethnic background, excluding violence friend in order to sell illegal drugs. He 17. National Council of Jewish Women. committed against persons because of met Fred at a carnival that night, and 18. National District Attorneys Associa- their sexual orientation, gender, gen- the next morning, while driving, he tion. der identity, or disability. saw Fred walking down the street. 19. National Sheriffs’ Association. The federally protected activity re- Shaun and his friend offered Fred a 20. People for the American Way. ride and dropped him off close to home. 21. Religious Action Center of Reform Ju- quirement is outdated, unwise and un- daism. necessary, particularly when we con- Shortly thereafter, Shaun attacked 22. SALDEF (Sikh American Legal Defense sider the unjust outcomes that result Fred and beat him to death with a and Education Fund). from this requirement. Hate crimes can large rock. His body was discovered 23. Unitarian Universalist Association. occur in a variety of circumstances, several days later. The attackers 24. The United States Conference of May- and citizens are often targeted during bragged about this vicious crime, de- ors. routine activities that should be pro- scribing the victim with vulgar epi- 25. Group Letter: Religious Organizations: tected. thets. African American Ministers in Action, For example, in June 2003, six Latino The perpetrator could not be charged American Jewish Committee. Anti-defama- with a hate crime because no State or tion League, Buddhist Peace Fellowship, teenagers went to a family restaurant Catholics for a Free Choice, Church Women on Long Island. They knew one another Federal law protecting gender identity United, The Episcopal Church, Hadassah, from their involvement in community existed. He received a 40-year sentence Hindu American Foundation, The Interfaith activities and were together to cele- under a plea agreement and he will be Alliance, Jewish Council for Public Affairs, brate one of their birthdays. As the eligible for parole in 25 years. His vic- Jewish Women International, Muslim Public group entered the restaurant, three tim did not live long enough to see his Affairs Council, NA’AMAT USA, National men who were leaving the bar as- 20th birthday. If the defendant had Council of Churches of Christ, National saulted them, pummeling one boy and been charged with a Federal hate Council of Jewish Women, North American severing a tendon in his hand with a crime, he could have received a life Federation of Temple Youth, Presbyterian Church USA, Sikh Council on Religion and sharp weapon. During the attack, the sentence. If the prosecutor had greater Education, United Church of Christ Justice men yelled racial slurs and one identi- aid for his investigation under the pro- and Witness Ministries, Union for Reform fied himself as a skinhead. posed legislation, he could have had a Judaism, United Methodist Church General Two of the men were tried under the stronger case against the defendant Board of Church and Society, Unitarian Uni- current Federal law for committing a and prosecuted him more effectively. versalist Association of Congregations,

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.059 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4447 United Synagogues of Conservative Judaism First enacted nearly 40 years ago nation, we must send a strong, clear, and Women of Reform Judaism. after the assassination of Martin Lu- moral response to these cowardly acts 26. Group Letter: Consortium for Citizens ther King, Federal hate crime laws of violence. I believe that the Federal with Disabilities: Alexander Graham Bell As- sociation for the Deaf and Hard of Hearing, have provided an important basis for Government must play a leadership American Association on Health and Dis- prosecuting those who commit violent role in confronting criminal acts moti- ability, American Association on Intellec- acts against another due to the per- vated by prejudice. tual and Developmental Disabilities, Amer- son’s race, color, religion or national All Americans have a stake in re- ican Association on Mental Retardation, origin. sponding decisively to violent bigotry. American Association of People with Dis- Current law, however, makes it un- We must pull together to combat igno- abilities, American Council of the Blind, necessarily difficult to investigate and rance and hatred. The devastation American Counseling Association, American prosecute these and other insidious Dance Therapy Association, American Med- caused by hate crimes impacts the vic- ical Rehabilitation Providers Association, hate crimes. Consequently, the time tims, members of his or her family, as American Music Therapy Association, Amer- has come to remove some of these hur- well as entire communities, and the ican Network of Community Options and Re- dles and to expand the scope of Federal Nation as a whole. sources, American Occupational Therapy As- law so Americans who fall victim to I am reminded of the great wisdom of sociation, American Psychological Associa- hate crimes can receive protection Martin Luther King, ‘‘Darkness cannot tion, American Therapeutic Recreation As- under Federal law. drive out darkness; only light can do sociation, American Rehabilitation Associa- That is why I have cosponsored the tion, Association of Tech Act Projects, Asso- that. Hate cannot drive out hate; only ciation of University Centers of Disabilities, Local Law Enforcement Hate Crimes love can do that. Hate multiplies hate, Autism Society of America, Bazelon Center Act of 2007, a bipartisan bill with broad violence multiplies violence, and for Mental Health Law, Council for Learning political support that has been en- toughness multiplies toughness in a de- Disabilities, Council of State Administrators dorsed by 210 law enforcement, civil scending spiral of destruction. The of Vocational Rehabilitation, Easter Seals, rights, civic, and religious organiza- chain reaction of evil—hate begetting Epilepsy Foundation, Hellen Keller National tions. Center, Learning Disabilities Association of hate, wars producing wars—must be The bill will strengthen the ability of broken, or we shall be plunged into the America, National Alliance on Mental Ill- Federal, State, and local governments ness, National Association of Councils on De- dark abyss of annihilation.’’ Strength velopmental Disabilities, National Coalition to investigate and prosecute hate to Love, 1963. on Deaf-Blindness, National Disability crimes based on race, ethnic back- I urge my colleagues to stand up Rights Network, National Down Syndrome ground, religion, gender, sexual ori- against ignorance and intolerance and Society, National Fragile X Foundation, Na- entation, disability, and gender iden- vote for the Local Law Enforcement tional Rehabilitation Association, National tity. Hate Crimes Prevention Act. Respite Coalition, National Structured Set- The bill will also provide grants to tlement Trade Association, NISH, Paralyzed Mr. SCHUMER. Mr. President, I am help State and local governments meet proud to be a co-sponsor of the Local Veterans of America, Research Institute for the extraordinary expenses involved in Independent Living, School Social Work As- Law Enforcement Hate Crimes Preven- sociation of America, Spina Bifida Associa- hate crime cases. tion Act of 2007, and I commend my This bill, while adding to Federal au- tion, The Arc of the United States, United friend and colleague, Senator KENNEDY, thority, properly leaves with the State Cerebral Palsy, United Spinal Association, for his leadership and determination on or local law enforcement officials the World Institute on Disability. this issue. We have tried for the better 27. Group Letter: National Partnership for primary responsibility of protecting half of a decade to get this legislation Women and Families: 9to5 Bay Area, 9to5 citizens against crimes of violence. The passed, signed, and enacted into law. Colorado, 9to5 Poverty Network Initiative bill authorizes actual Federal prosecu- (Wisconsin), 9to5 National Association of Today represents our strongest effort tions only when a State does not have Working Women, AFL–CIO Department of to date, and it is long past time that Civil, Human and Women’s Rights, American jurisdiction, when a State asks the Federal Government to take jurisdic- crimes based on hate be recognized and Association of University Women, Atlanta criminalized under Federal law. The 9to5, Break the Cycle, Coalition of Labor tion, or when a State fails to act. It is need for Federal hate crimes legisla- Union Women, Colorado Coalition Against a Federal back-up for State and local Sexual Assault (CCASA), Communications law enforcement. tion has been apparent for years as Workers of America AFL–CIO, Demo- While State and local governments hate crimes know no State borders crats.com, Equal Rights Advocates, Feminist should continue to have the primary and—in part because their impacts Majority, Gender Public Advocacy Coalition, responsibility for investigating and often affect the very fabric of our soci- Gender Watchers, Hadassah the Women’s Zi- ety—they are a problem that affects all onist Organization of America, Legal Mo- prosecuting hate crimes, an expanded Federal role is necessary to ensure an Americans. mentum, Los Angeles 9to5, NA’AMAT USA, This act sends the message that we National Abortion Federation, National adequate and fair response in all cases. Asian Pacific American Women’s Forum, Na- The Federal Government must have ju- will not tolerate acts of aggression and tional Association of Social Workers, Na- risdiction to address those limited, but violence towards targeted communities tional Center for Lesbian Rights, National important cases in which local authori- or individuals who become victims of Congress of Black Women, National Council ties are either unable or unwilling to violence merely for being themselves. of Jewish Women, National Council of Wom- investigate and prosecute. Perpetrators of this type of violence en’s Organizations, National Organization Failure to pass Federal hate crimes will now be subject to Federal prosecu- for Women, National Partnership for Women tion under this act. Before we had to and Families, National Women’s Conference, legislation would signify our failure as National Women’s Committee, National a nation to accord each of our citizens rely on the States to act, and some Women’s Law Center, Northwest Women’s the respect and value they deserve. simply have failed to do enough to Law Center, Sargent Shriver National Cen- According to FBI statistics, 27,432 stem this type of criminal behavior. ter on Poverty Law, The Women’s Institute people were victims of hate-motivated This act recognizes that hate crimes for Freedom of the Press, Washington Teach- violence over the last three years. have national consequences and are not ers Union, Women Employed, Women’s Law That’s an average of over 9,100 people mere localized occurrences. Center of Maryland, Women’s Research and per year, with nearly 25 people being Put simply, a hate crime tends to im- Education Institute, YWCA USA. 28. Excerpts of Support for the Hate Crime victimized every day of the year, based pact an entire community, as opposed Prevention Act of 2007. on their race, religion, sexual orienta- to being limited to the victim or the 29. General List of Supporting Organiza- tion, ethnic background, or disability. victim’s family. It is a crime against a tions 2007. But it is estimated that the vast ma- particular group, and must be treated Mr. BAYH. Mr. President, like acts of jority of hate crimes goes unreported. as such. In essence, there are two terrorism, hate crimes have an impact Survey data from the biannual Na- crimes—one against he victim, and one far greater than the impact on the in- tional Crime Victimization Survey against the victim’s group or commu- dividual victim. They are crimes suggests that an average of 191,000 hate nity. Some have asked, ‘‘But aren’t all against entire communities, the whole crime victimizations take place per crimes based on hate?’’ No, they are Nation, and the ideals of liberty and year. not. Hate crimes are unique because justice upon which America was found- While hatred and bigotry cannot be they cut at the very fabric of our na- ed. eradicated by an act of Congress, as a tional values; they undermine shared

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.061 S12APPT1 mstockstill on PROD1PC66 with SENATE S4448 CONGRESSIONAL RECORD — SENATE April 12, 2007 principles like tolerance and equal pro- and James Byrd are just two of the getting the help we intended them to tection under the law, and in so doing, many thousands of victims of hate have when we created Medicare Part D harm us all. It is the responsibility of crimes whose deaths horrified this Prescription Drug Program. the Federal Government to address country. Additionally, we mustn’t for- The low-income subsidy (LIS) is one this issue and arm prosecutors with the get the thousands of loyal and patri- of the best features of Medicare’s new tools they need to seek justice, pro- otic Americans, who after 9/11, were at- prescription drug benefit. Over the past mote order and provide all American tacked by ruthless thugs, all because few years, I have conducted extensive with equal protection under the law. they ‘‘looked’’ like—or were—Muslims oversight of the program’s implemen- The framework of the Constitution or Arab Americans. We saw many of tation, especially through my work as provides a sound basis for our actions these attacks in New York, and let me Chairman and now Ranking Member of today—both the Commerce Clause and say, those attacks were not just a New the Special Committee on Aging. the Thirteenth Amendment are impli- York problem, they were an American Through hearings and staff-level inves- cated by these crimes. The effects of problem. Every State experienced simi- tigations, I have identified a number of hate crimes do not end at a State’s bor- lar violence in the months after 9/11, concerns with both the administration der, but rather transcend those bor- and that is one reason why Federal leg- and the overall effectiveness of Medi- ders. These crimes implicate a citizen’s islation is appropriate. care Part D’s LIS. The Centers for ability to move and travel freely. Addi- The Act not only makes hate crimes Medicare and Medicaid Services (CMS) tionally, violence based on someone’s a Federal crime, but it also serves to and the Social Security Administra- race, religion, sexual orientation, or benefit local police departments as tion (SSA) have made a great deal of the other characteristics noted in the well, considering they are the front progress to ensure that the benefit is act are reminiscent of the ultimate line of defense and prevention. This working well for all beneficiaries. But hate crime—slavery. As such, the 13th Act delivers much needed financial as- their efforts can only go so far. Ulti- Amendment allows for Federal action sistance to local police departments mately, it is Congress’ responsibility to to remedy this problem. The courts who may be struggling to deal with the ensure that all low-income seniors who have ruled time and time again that crimes. It will also assist them in help- have difficulty paying their prescrip- discrimination in housing and dis- ing the community which they protect. tion drugs costs get the help they need. crimination in contractual agreements The point is, that we should be pro- Two of the four bills that Senator could be remedied through Federal tecting communities who are targets of BINGAMAN and I are filing today are statutes promulgated under the au- this shameful violence, and this Act based upon initiatives that I intro- thority of the Thirteenth Amendment. today marks a great step in that direc- duced during the 109th Congress. The It matters not what the discrimination tion. I urge all of my colleagues to vote first is a measure that would create is based on, what matters is the, dis- for this Act and look forward to work- parity in the cost-sharing charged crimination itself. In an attempt to rid ing with you all to see this Act gets beneficiaries living in nursing homes the last vestiges of slavery from our so- passed and signed into law. and assisted living facilities. Under ciety, the courts have allowed the 13th current law, dual-eligible Medicare Amendment to be the basis of such leg- By Mr. SMITH (for himself, Mr. beneficiaries, those who qualify for islation. BINGAMAN, Mr. NELSON of Flor- both Medicaid and Medicare coverage, Let us be very clear, we are not crim- ida, Mrs. CLINTON, Ms. COLLINS, receive a subsidy from the government inalizing speech. Violent acts against Mrs. LINCOLN, Mrs. BOXER, and to pay the benefit’s required $250 de- an African American, a woman, or a Mr. KERRY): ductible. These individuals also qualify Sikh because of who they are do not S. 1107. A bill to amend title XVIII of for reduced copayments for both ge- constitute free expression. Nor are we the Social Security Act to reduce cost- neric and brand named drugs in the are criminalizing evil thoughts. We are sharing under part D of such title for amount of one and three dollars respec- only criminalizing action—harmful and certain non-institutionalized full-ben- tively. If a dual-eligible beneficiary re- violent action that cuts against our so- efit dual eligible individuals; to the ceives long-term care services in an in- ciety and against the very meaning of Committee on Finance. stitutional setting, such as a nursing what it is to be an American. Congress home, he or she is exempt from paying and local law enforcement are not be- By Mr. SMITH (for himself, Mr. the required copayment. Congress de- coming the ‘‘thought-police.’’ Rather, BINGAMAN, Ms. SNOWE, Mrs. cided to provide this assistance because we are criminalizing the violent ac- LINCOLN, and Mr. KERRY): dual-eligible beneficiaries residing in tions of closed-minded and hateful in- S. 1108. A bill to amend title XVIII of nursing homes live off of very limited dividuals. the Social Security Act to provide a incomes. For instance, in Oregon the In today’s society, we see all too fre- special enrollment period for individ- personal needs allowance beneficiaries quently violence based on the person’s uals who qualify for an income-related receive each month for incidentals, in- race, religion, sexual orientation, or subsidy under the Medicare prescrip- cluding medications, is only $30. As other characteristics. We must act to tion drug program and to provide fund- many institutionalized beneficiaries address these injustices. This is not ing for the conduct of outreach and are on multiple medications, they about special rights to any particular education with respect to the premium would not be able to meet their share group. Actually, it is quite the con- and cost-sharing subsidies under such of drug costs. trary. This is about equal rights. This program, and for other purposes; to the This is the very reason Congress pro- is about going after those individuals Committee on Finance. vided institutionalized dual-eligible who act on their harmful beliefs. By Mr. SMITH. Mr. President, today I beneficiaries with an exemption from committing hate crimes, they are at- am proud to join my colleague, Senator all copayments under Medicare Part D. tempting to relegate certain people to BINGAMAN, to introduce a package of However, many dual-eligible bene- second-class citizenship. They think four bills aimed at helping seniors get ficiaries choose to receive long-term they can do this through violence. But the assistance they need with their care services in home or community- they are wrong, and this legislation is Medicare prescription drug costs. Thir- based settings, such as assisted living a forceful statement that this country ty-nine million individuals now have or resident care program facilities. Al- will not tolerate this behavior. access to affordable prescription drug most all states have chosen to estab- The victims of these crimes have therapies through Medicare Part D, lish Home and Community Based Serv- done nothing to bring on this violence. many for the very first time. But low- ices (HCS) Medicaid demonstration Because of these crimes, the victims’ income beneficiaries still are experi- projects that have expanded access to communities frequently live in fear. encing difficulties taking full advan- community based alternatives to an Unfortunately, these crimes are not tage of the program’s benefits. I be- even greater number of low-income el- few and far between. These crimes are lieve the bipartisan package of legisla- derly Americans. The State of Oregon all too common, and when committed, tion we have developed will go a long operates one of the Nation’s most suc- they send a shockwave that can be felt way to removing programmatic bar- cessful HCS waivers, serving an aver- across the country. Matthew Shepard riers that are limiting seniors from age of 23,500 dual-eligible beneficiaries

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Additionally, the bill exempts low-in- Many low-income beneficiaries who get While dual-eligible beneficiaries are come beneficiaries from Medicare Part ‘‘caught’’ in the coverage gap struggle exempted from prescription drug co- D’s late enrollment penalty. While an with significant health problems, such payments under Medicare Part D, enrollment penalty can be an effective as cancer or HIV/AIDS. These condi- those choosing community-based alter- means of helping drug plans better as- tions often require costly treatment natives are required to pay them. This sess their risk in a given period, it is that a low-income beneficiary would is despite the fact that beneficiaries not fair to ask our low-income sen- likely have to forge without the assist- choosing community based care op- iors—many who struggle with a num- ance of a safety-net provider. tions typically live off of the same lim- ber of challenging healthcare prob- Second, the current scenario is plac- ited incomes as those residing in nurs- lems—to pay a higher cost simply be- ing a disadvantageous strain on the ing homes. While some states provide cause they need additional time to en- safety-net programs that assist low-in- HCS beneficiaries’ a larger personal roll in the program. Selecting a pre- come beneficiaries with their drug stipend each month, many may have scription drug plan can be a chal- costs during the coverage gap. One of greater financial demands. At the end lenging feat, and it can be even more the primary reasons Medicare Part D of the day, they are in no better posi- complicated if you are trying to make was created was to provide relief to tion to pay the costs of prescription your limited income stretch as far as it states and other safety-net providers drugs than those beneficiaries living in can. We need to guarantee that bene- who bore a lion’s share of the responsi- nursing homes. ficiaries have sufficient time to choose bility of providing access to drug I also should note that their less re- the most affordable plan that also therapies for the Nation’s seniors. strictive living environments may re- meets all their prescription drug needs. While Part D has gone a long way to quire them to take additional medica- The measure also would create a new fulfill that intention, there is still tions to support their daily routines. It authorization to support the valuable much that can be done to help our safe- is not uncommon for dual-eligible work of State Health Insurance Pro- ty-net providers. It is not right that beneficiaries in community-based care grams (SHIPs). SHIPs provide a range service providers like community settings to be on 8 to 10 medications at of services to our nation’s seniors, such health centers and ADAP have been a given time. At that level, even mini- as help choosing a quality prescription forced to provide discounted medica- mal copayments create a significant fi- drug plan, applying for financial assist- tions to low-income beneficiaries dur- nancial burden to these individuals. ance with their drug costs and resolv- ing the coverage gap, especially when The current dual-eligible copayment ing general problems experienced with the beneficiary has no way of accruing exemption policy not only is creating the drug benefit. Unfortunately, fund- enough out-of-pocket costs for their inequity in Medicare Part D, it is po- ing for SHIPs has not kept pace with Part D coverage to resume. tentially restricting access to life-sav- the number of beneficiaries that age The bill Senator BINGAMAN ing medications. This is not what Con- into Medicare each year. To remedy and I are gress intended. I believe we need to do that, my bill creates a new authoriza- filing today resolves both these prob- everything possible to support choice tion that increases funding in conjunc- lems. It would allow safety net pro- in long-term care, and by applying the tion with growth in enrollment. The viders’ drug costs to count toward a current institutional copayment ex- bill also provides funding for the new beneficiary’s out-of-pocket costs so emption more uniformly, Congress will National Center of Senior Benefits and they are able to reach Medicare Part ensure the Medicare drug benefit does Outreach, created in the Older Ameri- D’s catastrophic benefit at some point. not adversely affect beneficiaries’ cans Act last year. The Center is This will ensure that low-income bene- choices. charged with developing ways to assist ficiaries have access to the full range The second measure I am introducing organizations like SHIPs to better tar- of coverage under the program and will today is based upon a bill I filed last get their efforts so that all seniors are provide much needed fiscal relief to al- year. That legislation sought to pro- fully aware of the benefits that might ready strained safety net providers. vide beneficiaries applying for LIS be available to them. Congress intended for all bene- extra time to enroll into Part D if they The next bill in the package we are ficiaries—especially those with limited had not received notification of their filing today addresses a problem low- incomes—to have full access to the eligibility status by the time an open income seniors encounter if and when benefits through Medicare Part D. This enrollment period ended. The bill also they enter into the drug benefit’s cov- bill will guarantee that happens. would have also waived the late enroll- erage gap. While beneficiaries still Despite the progress we have made in ment penalty assessed to all bene- have access to medications through providing low-income seniors access to ficiaries who enroll outside of an en- their drug plans during the coverage affordable prescription drugs, I find it rollment period. Fortunately, CMS en- gap, they may have to pay more for troubling that recent estimates still acted an administrative solution to them. For those living on fixed in- show that there may be at least three this problem, and allowed all LIS eligi- comes, this could present a serious million seniors eligible for the low-in- ble beneficiaries to enroll into Medi- problem as the out-of-pocket cost of come subsidy who have yet to apply for care Part D at any point during 2006, many common prescription drugs can it. While CMS, SSA and their commu- and later extended that policy into be quite steep. Fortunately, many safe- nity partners continue their vital out- 2007. ty-net programs, like community reach to capture these seniors, I be- Now that Medicare Part D is fully health centers and the AIDS Drug As- lieve the existing LIS application is implemented and policymakers have sistance Program (ADAP), provide as- too complex and is preventing seniors had an opportunity to assess how well sistance to eligible low-income bene- from getting the help they need. We the program is working, I believe that ficiaries during the coverage gap. Ef- need a simpler process that better re- the administrative actions taken by fectively, they fill the role of the drug flects the true levels of assets and re- CMS last year to create a special en- plan in providing beneficiaries access sources held by low-income seniors. rollment period for LIS beneficiaries to their medications at a heavily sub- The last bill in the package I am fil- should be made permanent. The Medi- sidized cost. ing today does just that. The Part D care Part D Outreach Enrollment En- This scenario presently works well Equity for Low-Income Seniors Act is hancement Act of 2007 does just that. It for a number of low-income bene- the product of months of bipartisan would create a 90-day special enroll- ficiaries, but it is simply unsustainable collaboration with representatives of ment period for any beneficiary who in the long-run for two key reasons. groups like AARP, the National Coun- applies and is approved for the LIS at First, from the perspective of bene- cil on Aging and Families USA. It aims any point during the year. It also ficiaries, it is not right to ask them to to help SSA better target potentially

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.071 S12APPT1 mstockstill on PROD1PC66 with SENATE S4450 CONGRESSIONAL RECORD — SENATE April 12, 2007 eligible beneficiaries and make the ap- I believe that the Medicare Prescrip- (b) EFFECTIVE DATE.—The amendments plication process much simpler to com- tion Drug Program is working for made by subsection (a) shall apply to drugs plete. America’s seniors and that we should dispensed on or after the date of enactment First, drawing from a recommenda- not undertake a significant overhaul of of this Act. tion from the Health and Human Serv- the new benefit in this Congress. How- ices Office of Inspector General, SSA is ever, there is room for improvement, S. 1108 given the authority to use select tax especially in regard to making the pro- information to help determine which gram work better for America’s low-in- Be it enacted by the Senate and House of Rep- Medicare beneficiaries might be eligi- come seniors. I firmly believe that if resentatives of the United States of America in ble for extra help with their drug costs. Congress does not address some of Congress assembled, With this data, they would be able to these lingering problems this year, SECTION 1. SHORT TITLE. more efficiently contact beneficiaries Medicare’s long-term public image This Act may be cited as the ‘‘Medicare and prescreen them for potential eligi- could be severely tarnished in the eyes bility. I realize that some of my col- Part D Outreach and Enrollment Enhance- of the very people it was created to ment Act of 2007’’. leagues might have privacy concerns serve. with such an arrangement, but I want One can learn a great deal about the SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDI- to make clear that my bill is not giv- character of a society by looking at VIDUALS ELIGIBLE FOR AN INCOME- RELATED SUBSIDY. ing SSA access to any data that they how well it cares for its poor and vul- already do not have. In order to imple- nerable citizens. I believe my four bills (a) SPECIAL ENROLLMENT PERIOD.—Section ment the Part B subsidy adjustment, that improve upon how Medicare Part 1860D–1(b)(3) of the Social Security Act (42 the Medicare Modernization Act re- D serves low-income beneficiaries will U.S.C. 1395w–101(b)(3)) is amended by adding quires that the Internal Revenue Serv- help cement the United States as a at the end the following new subparagraph: ice (IRS) send tax data to the SSA— country that looks out for its citizens ‘‘(F) ELIGIBILITY FOR LOW-INCOME SUB- SIDY.— they are legally prohibited from using in need. I hope my colleagues will join it for any other purpose than Part B. ‘‘(i) IN GENERAL.—Subject to clause (iii), in me in supporting the full package and the case of an applicable individual (as de- We simply are establishing the same assist me in moving it through the process for data exchange that already fined in clause (ii)). process. ‘‘(ii) APPLICABLE INDIVIDUAL DEFINED.—For exists between the IRS and SSA so I ask unanimous consent that the purposes of this subparagraph, the term ‘ap- that SSA can more efficiently conduct text of these bills be printed in the plicable individual’ means a part D eligible its outreach work for Medicare Part RECORD. individual who is determined to be a subsidy- D’s low-income subsidy. There being no objection, the bills eligible individual (as defined in section The bill also seeks to make the LIS were ordered to be printed in the 1860D–14(a)(3)), including such an individual application easier for seniors to com- RECORD, as follows: who was enrolled in a prescription drug plan plete. I have heard a number of com- S. 1107 or an MA–PD plan on the date of such deter- plaints that the current form uses con- Be it enacted by the Senate and House of Rep- mination. fusing verbiage and is overly burden- resentatives of the United States of America in ‘‘(iii) TIMING OF SPECIAL ENROLLMENT PE- some in its reporting requirements. As Congress assembled, RIOD.—The special enrollment period estab- a remedy, we eliminate the reporting SECTION 1. SHORT TITLE. lished under this subparagraph shall be for a of retirement account balances, the This Act may be cited as the ‘‘Home and 90-day period beginning on the date the ap- face value of life savings policies and Community Services Copayment Equity Act plicable individual receives notification of of 2007’’. such determination.’’. in-kind contributions. This not only SEC. 2. ELIMINATION OF PART D COST-SHARING (b) ENROLLMENT PROCESS FOR SUBSIDY-ELI- will make the form easier to complete, FOR CERTAIN NON-INSTITUTIONAL- it will prevent seniors from the pres- IZED FULL-BENEFIT DUAL ELIGIBLE GIBLE INDIVIDUALS ELIGIBLE FOR SPECIAL EN- sure of having to determine whether INDIVIDUALS. ROLLMENT PERIOD.—Section 1860D–1(b)(1) is (a) IN GENERAL.—Section 1860D– they should sacrifice their retirement amended by adding at the end the following 14(a)(1)(D)(i) of the Social Security Act (42 new subparagraph: income or long-term risk protection in U.S.C. 1395w–114(a)(1)(D)(i)) is amended— ‘‘(D) SPECIAL RULE FOR SUBSIDY-ELIGIBLE order to pay their healthcare bills. I (1) in the heading, by striking ‘‘INSTITU- INDIVIDUALS ELIGIBLE FOR SPECIAL ENROLL- believe we need to be encouraging sen- TIONALIZED INDIVIDUALS.—In’’ and inserting MENT PERIOD.—The process established under iors to save for their later years in life, ‘‘ELIMINATION OF COST-SHARING FOR CERTAIN subparagraph (A) shall include, in the case of not requiring them to liquidate their FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS.— an applicable individual (as defined in clause futures to fill their prescriptions. ‘‘(I) INSTITUTIONALIZED INDIVIDUALS.—In’’; (ii) of paragraph (3)(F)) the following: and In order to make the LIS benefit ‘‘(i) FACILITATED ENROLLMENT.—During the more accurately reflect the assets and (2) by adding at the end the following new 90-day period described in clause (iii) of such subclauses: resources low-income seniors possess, paragraph, a process for the facilitated en- ‘‘(II) CERTAIN OTHER INDIVIDUALS.—In the our bill also proposes raising the cur- rollment of the individual in the prescription case of an individual who is a full-benefit drug plan or MA–PD plan that is most appro- rent asset test limit to $27,500 for an dual eligible individual and who is a resident individual and $55,000 for a couple. Ac- priate for such individual (as determined by of a facility described in subclause (III) or the Secretary). At the end of such 90-day pe- cording to data from the SSA, this in- who is receiving home and community-based riod, the individual shall be enrolled in such crease should help capture almost 40 services in a home setting provided under a plan unless the individual declines enroll- percent of the individuals who are in- home and community-based waiver approved ment in the plan or in the program under eligible for the LIS benefit due to ex- for the State under section 1915 or 1115, the this part, or chooses to enroll in another cess resources, and 50 percent of the elimination of any beneficiary coinsurance plan selected by the individual prior to the couples. I realize this can be a sensitive described in section 1860D–2(b)(2) (for all end of such 90-day period. amounts through the total amount of ex- issue for some of my colleagues—espe- ‘‘(ii) ONE-TIME CHANGE OF ENROLLMENT.— penditures at which benefits are available The opportunity to change enrollment with cially on my side of the aisle. We want under section 1860D–2(b)(4)). to ensure that only those beneficiaries a prescription drug plan or an MA–PD plan ‘‘(III) FACILITY DESCRIBED.—For purposes of not less than once during a plan year. Noth- who truly are in need of help with their subclause (II), a facility described in this drug are eligible for government assist- ing in the previous sentence shall limit the subclause is— ability of a part D eligible individual who is ance. But, I also believe that we can be ‘‘(aa) an assisted living facility or a resi- a full-benefit dual eligible individual (as de- too heavyhanded and prevent those dent care program facility (as such terms are fined in section 1935(c)(6)) to change enroll- with legitimate need from getting it. defined by the Secretary); ment under subparagraph (C)’’. The new asset/resource limits Senator ‘‘(bb) a board and care facility (as defined (c) WAIVER OF LATE ENROLLMENT PEN- BINGAMAN and I have proposed rep- in section 1903(q)(4)(B)); or ‘‘(cc) any other facility that is licensed or ALTY.—Section 1860D–13(b) of the Social Se- resent a good, bipartisan solution to curity Act (42 U.S.C. 1395w–113(b)) is amend- the problem. I know many would like certified by the State and is determined ap- propriate by the Secretary, such as a com- ed by adding at the end the following new to see the full asset test repealed, but munity mental health center that meets the paragraph: this year that may be a difficult feat to requirements of section 1913(c) of the Public ‘‘(8) WAIVER OF PENALTY FOR SUBSIDY-ELIGI- accomplish politically and financially. Health Service Act, a psychiatric health fa- BLE INDIVIDUALS.—In no case shall a part D This is a reasonable step forward, one cility, a mental health rehabilitation center, eligible individual who is determined to be a the advocates support. I hope my col- and a mental retardation developmental dis- subsidy-eligible individual (as defined in sec- leagues will as well. ability facility.’’. tion 1860D–14(a)(3)) be subject to an increase

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.073 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4451 in the monthly beneficiary premium estab- of eligibility and enrollment of the indi- and departments of the Federal Government, lished under subsection (a).’’. vidual for such medicare cost-sharing under including— (d) EFFECTIVE DATE.—The amendments the State plan (or under a waiver of such (1) Congress; made by this section shall take effect on plan).’’. (2) the Supreme Court; January 1, 2008. (b) EFFECTIVE DATE.—The amendment (3) the Department of Defense; SEC. 3. OUTREACH AND EDUCATION FOR PRE- made by this section shall take effect on the (4) the Department of the Treasury; MIUM AND COST-SHARING SUB- date of enactment of this Act. (5) the Department of Justice; SIDIES UNDER PART D. SEC. 5. ADMINISTRATION ON AGING STUDY AND (6) the Department of State; (a) ADDITIONAL FUNDING FOR OUTREACH AND REPORT ON SCREENING PROCESSES (7) the Department of Commerce; ASSISTANCE.— USED BY GOVERNMENT NEEDS- (8) the Department of Homeland Security; (1) STATE HEALTH INSURANCE ASSISTANCE BASED PROGRAMS. (9) the Department of Veterans Affairs; PROGRAMS.—There are authorized to be ap- (a) STUDY.— (10) the Department of Labor; propriated for each of fiscal years 2008, 2009, (1) IN GENERAL.—The Assistant Secretary (11) the Department of Health and Human 2010, and 2011, an amount equal to $1 multi- of the Administration on Aging (in this sec- Services; plied by the total number of individuals enti- tion referred to as the ‘‘Assistant Sec- (12) the Department of Energy; tled to benefits, or enrolled, under part A of retary’’) shall conduct a comprehensive (13) the Department of Housing and Urban title XVIII of the Social Security Act, or en- study of screening processes used by govern- Development; rolled under part B of such title during the ment needs-based programs. (14) the Central Intelligence Agency; and fiscal year (as determined by the Secretary (2) MATTERS STUDIED.—In conducting the (15) the United States Postal Service; of Health and Human Services, based on the study under paragraph (1), the Assistant Sec- Whereas, the bald eagle is an inspiring most recent available data before the begin- retary shall— symbol of the American spirit of freedom ning of the fiscal year) to be used to provide (A) assess any duplications of effort under and democracy; additional grants to State Health Insurance existing screening processes used by govern- Whereas, the image, meaning, and sym- Assistance Programs (SHIPs) to conduct out- ment needs-based programs; bolism of the bald eagle have played a sig- reach and education related to the Medicare (B) determine the feasibility of creating a nificant role in American art, music, his- program under such title. uniform screening process for such needs- tory, literature, architecture, and culture since the founding of our Nation; (2) NATIONAL CENTER ON SENIOR BENEFITS based programs; Whereas, the bald eagle is featured promi- OUTREACH AND ENROLLMENT.— (C) determine how the Federal govern- nently on United States stamps, currency, (A) IN GENERAL.—There are appropriated ment, State governments, and community- $4,000,000 to the National Center on Senior based organizations can better coordinate and coinage; Benefits Outreach and Enrollment estab- existing screening processes in order to fa- Whereas, the habitat of bald eagles exists lished under section 202(a)(20)(B) of the Older cilitate the enrollment of seniors into need- only in North America; Americans Act of 1965 (42 U.S.C. based programs; Whereas, by 1963, the number of nesting 3012(a)(20)(B)) to be used to provide outreach (D) include a cost-benefit analysis with re- pairs of bald eagles in the lower 48 States and enrollment assistance with respect to spect to creating a uniform screening process had dropped to about 417; premium and cost-sharing subsidies under or better streamlining existing screening Whereas, the bald eagle was first listed as the Medicare prescription drug program processes; and an endangered species in 1967 under the En- under part D of title XVIII of the Social Se- (E) determine the feasibility of using the dangered Species Preservation Act, the Fed- curity Act (42 U.S.C. 1395w–101 et seq.). Internet to administer screening processes, eral law that preceded the Endangered Spe- cies Act of 1973; (B) COORDINATION.—The National Center on as well as the costs and benefits of migrating Senior Benefits Outreach and Enrollment to on online system. Whereas, caring and concerned citizens of shall coordinate outreach and enrollment as- (b) REPORT.—Not later than 1 year after the United States in the private and public sistance conducted under subparagraph (A) the date of enactment of this Act, the Assist- sectors banded together to save, and help en- with activities conducted by State Health ant Secretary shall submit a report to Con- sure the protection of, bald eagles; Insurance Assistance Programs (SHIPs) and gress containing the results of the study con- Whereas, in 1995, as a result of the efforts other appropriate entities that conduct out- ducted under subsection (a), together with of those caring and concerned citizens, bald reach and education related to such premium recommendations— eagles were removed from the ‘‘endangered’’ and cost-sharing subsidies. (1) to streamline and improve the effective- species list and upgraded to the less imper- (b) ENCOURAGING STATES TO DIRECT SUB- ness of screening processes used by govern- iled ‘‘threatened’’ status under the Endan- SIDY-ELIGIBLE INDIVIDUALS TO ORGANIZATIONS ment needs-based programs; and gered Species Act of 1973; PROVIDING ASSISTANCE.— (2) for such legislation or administrative Whereas, by 2006, the number of bald eagles (1) IN GENERAL.—The Secretary of Health action as the Assistant Secretary determines in the lower 48 States had increased to ap- and Human Services shall encourage States appropriate. proximately 7,000 to 8,000 nesting pairs; to direct applicable individuals to appro- (c) AUTHORIZATION.—There are authorized Whereas, the administration is likely to of- priate organizations and entities that pro- to be appropriated such sums as are nec- ficially delist the bald eagle from both the vide assistance with respect to— essary to carry out this section. ‘‘endangered’’ and ‘‘threatened’’ species lists (A) applying for premium and cost-sharing f under the Endangered Species Act of 1973, with a final decision expected no later than subsidies under section 1860D–14 of the Social SUBMITTED RESOLUTIONS Security Act (42 U.S.C. 1395w–114); and June 29, 2007; (B) enrolling in a prescription drug plan or Whereas, if delisted under the Endangered Species Act of 1973, bald eagles should be an MA–PD plan under part D of title XVIII of SENATE RESOLUTION 146—DESIG- the Social Security Act (42 U.S.C. 1395w–101 provided strong protection under the Bald et seq.). NATING JUNE 20, 2007, AS ‘‘AMER- and Golden Eagle Protection Act and the Mi- (2) APPLICABLE INDIVIDUALS DEFINED.—In ICAN EAGLE DAY’’, AND CELE- gratory Bird Treaty Act; this subsection, the term ‘‘applicable indi- BRATING THE RECOVERY AND Whereas, bald eagles would have been per- vidual’’ means an individual the State be- RESTORATION OF THE AMER- manently extinct if not for vigilant con- lieves to be, or determines to be, eligible for ICAN BALD EAGLE, THE NA- servation efforts of concerned citizens and premium and cost-sharing subsidies under TIONAL SYMBOL OF THE UNITED strict protection laws; Whereas, the dramatic recovery of the bald section 1860D–14 of the Social Security Act STATES (42 U.S.C. 1395w–114). eagle population is an endangered species SEC. 4. SCREENING BY COMMISSIONER OF SO- Mr. ALEXANDER (for himself, Mr. success story and an inspirational example CIAL SECURITY FOR ELIGIBILITY BYRD, Mr. COLEMAN, Mr. KENNEDY, Mr. for other wildlife and natural resource con- UNDER MEDICARE SAVINGS PRO- ALLARD, Mrs. FEINSTEIN, Mr. CORKER, servation efforts around the world; GRAMS. and Mrs. BOXER) submitted the fol- Whereas, the initial recovery of the bald (a) IN GENERAL.—Section 1860D– lowing resolution; which was referred eagle population was accomplished by the 14(a)(3)(B)(i) of the Social Security Act (42 concerted efforts of numerous government U.S.C. 1395w–114(a)(3)(B)(i)) is amended by in- to the Committee on the Judiciary: agencies, corporations, organizations, and serting after the first sentence the following: S. RES. 146 individuals; and ‘‘As part of making an eligibility determina- Whereas, the bald eagle was designated as Whereas, the sustained recovery of the tion under the preceding sentence for an in- the national emblem of the United States on bald eagle population will require the con- dividual, the Commissioner shall screen for June 20, 1782, by our country’s Founding Fa- tinuation of recovery, management, edu- the individual’s eligibility for medical assist- thers at the Second Continental Congress; cation, and public awareness programs, to ance for any medicare cost-sharing described Whereas, the bald eagle is the central ensure that the population and habitat of in section 1905(p)(3) and, if the screening in- image used in the Great Seal of the United bald eagles will remain healthy and secure dicates the individual is likely eligible for States and the seals of the President and for future generations: Now, therefore, be it any such medicare cost-sharing, transmit Vice President; Resolved, That the Senate— the pertinent information to the appropriate Whereas, the image of the bald eagle is dis- (1) designates June 20, 2007, as ‘‘American State Medicaid agency for the determination played in the official seal of many branches Eagle Day’’; and

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.069 S12APPT1 mstockstill on PROD1PC66 with SENATE S4452 CONGRESSIONAL RECORD — SENATE April 12, 2007 (2) encourages— Resolved, That the Senate— (A) the University of Florida for appro- (A) educational entities, organizations, (1) congratulates the University of Ten- priate display; businesses, conservation groups, and govern- nessee women’s basketball team for being (B) the President of the University of Flor- ment agencies with a shared interest in con- champions on and off the court and for their ida, Dr. J. Bernard Machen; serving endangered species to collaborate on victory in the 2007 NCAA Division I Women’s (C) the Athletic Director of the University education information for use in schools; and Basketball Championship; of Florida, Jeremy Foley; and (B) the people of the United States to ob- (2) recognizes the significant achievements (D) the Head Coach of the University of serve American Eagle Day with appropriate of the players, coaches, students, alumni, Florida men’s basketball team, Billy Dono- ceremonies and other activities. and support staff whose dedication and hard van. f work helped the University of Tennessee Lady Vols win the NCAA championship; and f SENATE RESOLUTION 147—CON- (3) respectfully requests the Secretary of GRATULATING THE UNIVERSITY the Senate to transmit copies of this resolu- OF TENNESSEE WOMEN’S BAS- tion to the following for appropriate dis- SENATE CONCURRENT RESOLU- KETBALL TEAM FOR WINNING play— TION 26—RECOGNIZING THE 75TH THE 2007 NCAA DIVISION I WOM- (A) Dr. John D. Petersen, President of the ANNIVERSARY OF THE MILI- EN’S BASKETBALL CHAMPION- University of Tennessee; TARY ORDER OF THE PURPLE (B) Dr. Loren Crabtree, Chancellor of the SHIP University of Tennessee, Knoxville; HEART AND COMMENDING RE- Mr. ALEXANDER (for himself and (C) Joan Cronan, Women’s Athletics Direc- CIPIENTS OF THE PURPLE Mr. COCKER) submitted the following tor; and HEART FOR THEIR COURAGEOUS resolution; which was considered and (D) Pat Summitt, Women’s Basketball DEMONSTRATIONS OF GAL- agreed to: Head Coach. LANTRY AND HEROISM ON BE- S. RES. 147 f HALF OF THE UNITED STATES Whereas, on April 3, 2007, before a crowd of SENATE RESOLUTION 148—COM- Mrs. CLINTON (for herself and Mr. over 20,000 fans, the University of Tennessee MENDING THE UNIVERSITY OF HAGEL) submitted the following con- women’s basketball team (the ‘‘Lady Vols’’) FLORIDA MEN’S BASKETBALL current resolution; which was referred defeated the Scarlet Knights of Rutgers by a TEAM FOR WINNING THE 2007 NA- score of 59-46 to win the 2007 National Colle- to the Committee on Armed Services: TIONAL COLLEGIATE ATHLETIC giate Athletic Association (NCAA) Division I S. CON. RES. 26 Women’s Basketball Championship; ASSOCATION (NCAA) DIVISION I Whereas the Purple Heart is a combat Whereas this championship was the first BASKETBALL CHAMPIONSHIP decoration awarded to members of the national title for the Lady Vols since their 3- Mr. NELSON of Florida (for himself Armed Forces who are wounded by an instru- year championship run in 1996-98, and their and Mr. MARTINEZ) submitted the fol- ment of war wielded by the enemy; 7th national title in the last 20 years; lowing resolution; which was consid- Whereas the Lady Vols were successful due Whereas the Purple Heart is awarded post- to the leadership of Coach Pat Summitt, the ered and agreed to: humously to the next of kin in the name of Nation’s all-time winningest NCAA basket- S. RES. 148 members of the Armed Forces who are killed ball coach (men’s or women’s) with 947 wins Whereas, on April 2nd, 2007, the University in action or die of wounds received in action; over 33 seasons at the University of Ten- of Florida men’s basketball team made his- Whereas the Purple Heart was originally nessee; tory with its 84-75 win over the Ohio State conceived as the Badge of Military Merit by Whereas Joan Cronan, the Women’s Ath- University Buckeyes – becoming only the General George Washington on August 7, letics Director, has shown vision and leader- seventh school to repeat as national cham- 1782; ship throughout her 24-year career at the pions in men’s hoops, and the first team Whereas 2007 marks the 225th anniversary University of Tennessee and created one of since Duke University accomplished this of the Badge of Military Merit, the prede- the most visible and respected athletic pro- feat in 1991 and 1992, and the first school to cessor of the Purple Heart; grams in the country; hold national titles in both basketball and Whereas the practice of awarding the Pur- Whereas the Lady Vols were undefeated in football in the same year; ple Heart was revived in 1932, the 200th anni- conference games during the 2006-2007 season Whereas, the Gators entered the 2006-2007 versary of George Washington’s birth, out of and compiled an impressive overall record of season as the defending national champions respect for his memory and military achieve- 34 wins and 3 losses; and posted a 35-5 win-loss record during their ments; Whereas Candace Parker tallied 17 points, second run for the title, finishing the season Whereas more than 1,535,000 Purple Hearts 7 rebounds, and 3 assists and was selected the with a ten-game winning streak and securing have been awarded to members of the Armed Most Outstanding Player for the 2007 tour- the Southeastern Conference Championship, Forces who fought in defense of freedom and nament, becoming the 5th Lady Volunteer to in addition to the 2007 NCAA Division I democracy in World War I, World War II, the be so honored, following in the footsteps of men’s basketball crown; Korean War, the Vietnam War, Operation Chamique Holdsclaw (1998, 1997), Michelle Whereas, Head Coach Billy Donovan joined Desert Storm, Operation Enduring Freedom, Marciniak (1996), Bridgette Gordon (1989), elite company as he became one of only four Operation Iraqi Freedom, and other expedi- and Tonya Edwards (1987); active coaches to win multiple NCAA titles; tionary conflicts; Whereas Shannon Bobbitt, who at only 5 Whereas, University of Florida junior Whereas approximately 550,000 recipients feet, 2 inches, is the smallest player ever at Corey Brewer was chosen as the Most Out- of the Purple Heart are alive today; the University of Tennessee, scored 3 deci- standing Player of the Final Four; Whereas the organization known as the sive 3-pointers in the 2nd half, finished the Whereas, each player, coach, trainer, and Military Order of the Purple Heart was game with 13 points, and was named to the manager dedicated his or her time and effort formed on October 19, 1932, for the protection 2007 All-Tournament Team; to ensuring that the Florida Gators defended and mutual interest of members of the Whereas Nicky Anosike had a career high their title and captured a second consecutive Armed Forces who have received the Purple of 16 rebounds and was named to the 2007 All- national championship; and Heart; and Tournament team; Whereas, the families of the players, stu- Whereas the Military Order of the Purple Whereas senior Sidney Spencer scored 11 dents, alumni, and faculty of the University Heart is composed exclusively of recipients points and Alberta Auguste scored 10 points, of Florida, and all of the supporters of the of the Purple Heart and is the only veterans’ with both players achieving a combined 6 for University of Florida, are to be congratu- service organization comprised strictly of 6 from the free throw line; lated for their commitment to, and pride in, combat veterans: Now, therefore, be it Whereas Alexis Hornbuckle played out- the basketball program at the University: Resolved by the Senate (the House of Rep- standing defense and created energy on the Now, therefore, be it resentatives concurring), That Congress— court; Resolved, That the Senate— (1) congratulates the Military Order of the Whereas Dominique Redding and Alex (1) commends the University of Florida Purple Heart on its 75th anniversary as a na- Fuller also contributed to the team’s vic- men’s basketball team for winning the 2007 tional organization whose goals are to pre- tory; NCAA Division I Basketball Championship; serve and sustain the honor of the Armed Whereas the 2006-2007 team has an average (2) recognizes the achievements of all of Forces; GPA above 3.0; and the players, coaches, and support staff who (2) commends all recipients of the Purple Whereas Coach Pat Summitt’s Lady Vols were instrumental in helping the University Heart for their courageous demonstrations of continue their remarkable graduation rate, of Florida men’s basketball team win con- gallantry and heroism on behalf of the with every student athlete who has com- secutive NCAA Division I Basketball Cham- United States; and pleted her eligibility at the University of pionships; and (3) encourages the people of the United Tennessee either graduating or working to- (3) respectfully requests the Secretary of States to take time to learn about the Pur- ward all of the requirements for graduation: the Senate to transmit enrolled copies of ple Heart and the honor, courage, and brav- Now, therefore, be it this resolution to— ery it symbolizes.

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.050 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4453 SENATE CONCURRENT RESOLU- poses; which was ordered to lie on the requirements of this paragraph, as appro- TION 27—SUPPORTING THE table; as follows: priate, to identify the cases posing the high- est possibility of fraudulent use of social se- GOALS AND IDEALS OF ‘‘NA- At the end of title V, insert the following: TIONAL PURPLE HEART REC- curity account numbers related to violation SEC. 509. SHARING OF SOCIAL SECURITY DATA of the immigration laws. OGNITION DAY’’ FOR IMMIGRATION ENFORCEMENT PURPOSES. ‘‘(5)(A) The Commissioner of Social Secu- rity shall perform, at the request of the Sec- Mrs. CLINTON (for herself and Mr. (a) SOCIAL SECURITY ACCOUNT NUMBERS.— HAGEL) submitted the following con- Section 264(f) of the Immigration and Na- retary of Homeland Security, a search or current resolution; which was referred tionality Act (8 U.S.C. 1304(f)) is amended to manipulation of records held by the Commis- to the Committee on Armed Services: read as follows: sioner if the Secretary certifies that the pur- pose of the search or manipulation is to ob- S. CON. RES. 27 ‘‘(f) Notwithstanding any other provision of law (including section 6103 of the Internal tain information that is likely to assist in Whereas the Purple Heart is the oldest Revenue Code of 1986), the Secretary of identifying individuals (and their employers) military decoration in the world in present Homeland Security, the Secretary of Labor, who are using false names or social security use; and the Attorney General are authorized to account numbers, who are sharing a single Whereas the Purple Heart is awarded in require an individual to provide the individ- valid name and social security account num- the name of the President of the United ual’s social security account number for pur- ber among multiple individuals, who are States to members of the Armed Forces who poses of inclusion in any record of the indi- using the social security account number of are wounded in a conflict with an enemy vidual maintained by either such Secretary a person who is deceased, too young to work, force or are wounded while held by an enemy or the Attorney General, or of inclusion in or not authorized to work, or who are other- force as prisoners of war, and is awarded any application, document, or form provided wise engaged in a violation of the immigra- posthumously to the next of kin of members under or required by the immigration laws.’’. tion laws. The Commissioner shall provide of the Armed Forces who are killed in a con- the results of such search or manipulation to (b) EXCHANGE OF INFORMATION.—Section flict with an enemy force or who die of 290(c) of the Immigration and Nationality the Secretary, notwithstanding any other wounds received in a conflict with an enemy Act (8 U.S.C. 1360(c)) is amended by striking provision law (including section 6103 of the force; paragraph (2) and inserting the following Internal Revenue Code of 1986). Whereas the Purple Heart was established new paragraphs: ‘‘(B) The Secretary shall transfer to the on August 7, 1782, during the Revolutionary ‘‘(2)(A) Notwithstanding any other provi- Commissioner the funds necessary to cover War, when General George Washington sion of law (including section 6103 of the In- the costs directly incurred by the Commis- issued an order establishing the Honorary ternal Revenue Code of 1986), if earnings are sioner in carrying out each search or manip- Badge of Distinction, otherwise known as reported on or after January 1, 1997, to the ulation requested by the Secretary under the Badge of Military Merit; Social Security Administration on a social subparagraph (A).’’. Whereas the award of the Purple Heart security account number issued to an alien (c) FALSE CLAIMS OF CITIZENSHIP OR NA- ceased with the end of the Revolutionary not authorized to work in the United States, TIONALITY.—Section 212(a)(6)(C)(ii) of the Im- War, but was revived in 1932, the 200th anni- the Commissioner of Social Security shall migration and Nationality Act (8 U.S.C. versary of George Washington’s birth, out of provide the Secretary of Homeland Security 1182(a)(6)(C)(ii)) is amended— respect for his memory and military achieve- with information regarding the name, date (1) in the heading, by inserting ‘‘OR NATION- ments; and of birth, and address of the alien, the name ALITY’’ after ‘‘CITIZENSHIP’’; and Whereas observing National Purple Heart and address of the person reporting the earn- (2) in subclause (I), by inserting ‘‘or na- Recognition Day is a fitting tribute to ings, and the amount of the earnings. tional’’ after ‘‘citizen’’. George Washington and to the more than ‘‘(B) The information described in subpara- f 1,535,000 recipients of the Purple Heart, ap- graph (A) shall be provided in an electronic AUTHORITY FOR COMMITTEES TO proximately 550,000 of whom are still living: form agreed upon by the Commissioner and Now, therefore, be it the Secretary. MEET Resolved by the Senate (the House of Rep- ‘‘(3)(A) Notwithstanding any other provi- COMMITTEES ON ARMED SERVICES AND resentatives concurring), That Congress— sion of law (including section 6103 of the In- VETERANS’ AFFAIRS (1) supports the goals and ideals of ‘‘Na- ternal Revenue Code of 1986), if a social secu- tional Purple Heart Recognition Day’’; Mr. ROCKEFELLER. Mr. President, I rity account number was used with multiple ask unanimous consent that the Com- (2) encourages all people in the United names, the Commissioner of Social Security States to learn about the history of the Pur- shall provide the Secretary of Homeland Se- mittees on Armed Services and Vet- ple Heart and to honor its recipients; and curity with information regarding the name, erans’ Affairs be authorized to meet (3) requests that the President issue a date of birth, and address of each individual during the session of the Senate on proclamation calling on the people of the who used that social security account num- Thursday, April 12, 2007, at 9:30 a.m., in United States to conduct appropriate cere- ber, and the name and address of the person open session to receive testimony on monies, activities, and programs to dem- reporting the earnings for each individual the Departments of Defense and Vet- onstrate support for members of the Armed who used that social security account num- Forces who have been awarded the Purple erans Affairs disability rating systems ber. and the transition from the Depart- Heart. ‘‘(B) The information described in subpara- ment of Defense to the Department of f graph (A) shall be provided in an electronic form agreed upon by the Commissioner and Veterans Affairs. AMENDMENTS SUBMITTED AND the Secretary for the sole purpose of enforc- The PRESIDING OFFICER. Without PROPOSED ing the immigration laws. objection, it is so ordered. SA 842. Mr. ALLARD submitted an amend- ‘‘(C) The Secretary, in consultation with COMMITTEE ON COMMERCE, SCIENCE, AND ment intended to be proposed by him to the the Commissioner, may limit or modify the TRANSPORTATION bill S. 372, to authorize appropriations for requirements of this paragraph, as appro- Mr. ROCKEFELLER. Mr. President, I priate, to identify the cases posing the high- fiscal year 2007 for the intelligence and intel- ask unanimous consent that the Com- ligence-related activities of the United est possibility of fraudulent use of social se- curity account numbers related to violation mittee on Commerce, Science, and States Government, the Intelligence Com- Transportation be authorized to hold a munity Management Account , and the Cen- of the immigration laws. tral Intelligence Agency Retirement and Dis- ‘‘(4)(A) Notwithstanding any other provi- hearing during the session of the Sen- ability System, and for other purposes; sion of law (including section 6103 of the In- ate on Thursday, April 12, 2007, at 10 which was ordered to lie on the table. ternal Revenue Code of 1986), if more than a.m., in room 253 of the Russell Senate one person reports earnings for an individual f Office Building. The purpose of this during a single tax year, the Commissioner hearing is to examine the implementa- TEXT OF AMENDMENTS of Social Security shall provide the Sec- retary of Homeland Security information re- tion of the Transportation Worker SA 842. Mr. ALLARD submitted an garding the name, date of birth, and address Identification Credential (TWIC) Pro- amendment intended to be proposed by of the individual, and the name and address gram. him to the bill S. 372, to authorize ap- of the each person reporting earnings for The PRESIDING OFFICER. Without propriations for fiscal year 2007 for the that individual. objection, it is so ordered. intelligence and intelligence-related ‘‘(B) The information described in subpara- COMMITTEE ON ENERGY AND NATURAL graph (A) shall be provided in an electronic activities of the United States Govern- RESOURCES form agreed upon by the Commissioner and ment, the Intelligence Community the Secretary for the sole purpose of enforc- Mr. ROCKEFELLER. Mr. President, I Management Account, and the Central ing the immigration laws. ask unanimous consent that the Com- Intelligence Agency Retirement and ‘‘(C) The Secretary, in consultation with mittee on Energy and Natural Re- Disability System, and for other pur- the Commissioner, may limit or modify the sources be authorized to hold a hearing

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.056 S12APPT1 mstockstill on PROD1PC66 with SENATE S4454 CONGRESSIONAL RECORD — SENATE April 12, 2007 during the session of the Senate on Agenda The PRESIDING OFFICER. Without Thursday, April 12, 2007, at 10 a.m. in I. Committee Authorization, Author- objection, it is so ordered. room SD–366 of the Dirksen Senate Of- ization of Subpoenas in Connection f fice Building. The purpose of the hear- with Investigation into Replacement of PRIVILEGES OF THE FLOOR ing is to receive testimony on S. 987, U.S. Attorneys. the Biofuels for Energy Security and II. Bills, S. 236, Federal Agency Data Mr. ROCKEFELLER. Mr. President, I Transportation Act. Mining Reporting Act of 2007, Feingold, ask unanimous consent that the fol- The PRESIDING OFFICER. Without Sununu, Leahy, Kennedy, Carin; S. 376, lowing staff members of the Intel- objection, it is so ordered. Law Enforcement Officers Safety Act ligence Committee be given access to COMMITTEE ON FINANCE of 2007, Leahy, Specter, Grassley, Kyl, the floor during consideration of S. 372 Mr. ROCKEFELLER. Mr. President, I Sessions, Cornyn; S. 849, OPEN Govern- and all pending matters. ask unanimous consent that the Com- ment Act, Leahy, Cornyn, Specter, Sameer Bhalotra, Randy Bookout, mittee on Finance be authorized to Feingold; S. 119, War Profiteering Pre- Tom Corcoran, Mike Davidson John meet during the session of the Senate vention Act of 2007, Leahy, Feinstein, Dickas, Melvin Dubee, Lorenzo Goco, on Thursday, April 12, 2007, at 10 a.m., Feingold, Schumer, Durbin; S. 621, Evan Gottesman, David Grannis, Chris- in G50 Dirksen Senate Office Building, Wartime Treatment Study Act of 2007, tine Healey, Andy Johnson, Dan Jones, to hear testimony on ‘‘Filing Your Feingold, Grassley, Kennedy; S. 798, David Koger, Jack Livingston, John Taxes: An Ounce of Prevention is Star-Spangled Banner and War of 1812 Maguire, Paul Matulic, Don Mitchell, Worth a Pound of Cure.’’ Bicentennial Commission Act, Cardin, Matt Pollard, Kathleen Rice, Eric The PRESIDING OFFICER. Without Warner, Kennedy; S. 735, Terrorist Rosenbach, Todd Rosenblum, Jac- objection, it is so ordered. Hoax Improvements Act of 2007, Ken- queline Russell, Alissa Starzak, Don COMMITTEE ON FINANCE nedy, Kyl, Coleman, Schumer; H.R. 740, Stone, Greg Thielmann, Louis Tucker, Mr. ROCKEFELLER. Mr. President, I Preventing Harassment through Out- Jennifer Wagner, Christopher White. ask unanimous consent that the Com- bound Number Enforcement (PHONE) I ask further that Ken Johnson, of mittee on Finance be authorized to Act of 2007, Scott, Conyers, Forbes, the Committee staff, be given unre- meet during the Session of the Senate Boucher, Jackson-Lee, Gutierrez, Sher- stricted floor privileges during consid- on Thursday, April 12, 2007, at 2:15 p.m., man. eration of S. 372 and related pending in 215 Dirksen Senate Office Building, III. Nominations, Robert Gideon matters. to hear testimony on ‘‘International Howard, Jr., to be United States Mar- Mr. CORNYN. Mr. President, I ask Perspectives on Alternative Energy shall for the Eastern District of Arkan- unanimous consent that Jack Policy: Incentives and Mandates and sas; Frederick J. Kapala, to be United Kammerer be granted the privilege of their Impacts.’’ States District Judge for the Northern the floor during the course of debate on The PRESIDING OFFICER. Without District of Illinois; Halil Suleyman the Intelligence authorization bill. objection, it is so ordered. Ozerden, to be United States District The PRESIDING OFFICER. Without COMMITTEE ON FINANCE Judge for the Southern District of Mis- objection, it is so ordered. Mr. ROCKEFELLER. Mr. President, I sissippi; Benjamin Hale Settle, to be f ask unanimous consent that the Com- United States District Judge for the EXECUTIVE SESSION mittee on Finance be authorized to Western District of Washington. EXECUTIVE CALENDAR meet during the Session of the Senate IV. Resolutions, S. Res. 112, desig- on Thursday, April 12, 2007, at 6:40 p.m., nating April 6, 2007, as ‘‘National Miss- Mr. REID. Mr. President, I ask unan- in 215 Dirksen Senate Office Building, ing Person’s Day,’’ Schumer, Crapo, imous consent that the Senate proceed to consider a substitute to S. 3, the Feinstein. to executive session to consider the fol- Medicare Prescription Drug Price Ne- The PRESIDING OFFICER. Without lowing nomination: Calendar No. 75; gotiation Act of 2007. objection, it is so ordered. that the nomination be confirmed; that The PRESIDING OFFICER. Without the motion to reconsider be laid upon objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE Mr. ROCKEFELLER. Mr. President, I the table; that any statements be COMMITTEE ON HEALTH, EDUCATION, LABOR, ask unanimous consent that the Select printed in the RECORD; that the Presi- AND PENSIONS dent be immediately notified of the Mr. ROCKEFELLER. Mr. President, I Committee on Intelligence be author- ized to meet during the session of the Senate’s action; and that the Senate ask unanimous consent that the Com- then resume legislative session. mittee on Health, Education, Labor, Senate on April 12, 2007 at 2:30 p.m. to hold a closed hearing. The PRESIDING OFFICER. Without and Pensions be authorized to hold a objection, it is so ordered. hearing on equal pay for women work- The PRESIDING OFFICER. Without objection, it is so ordered. The nomination was considered and ers during the session of the Senate on confirmed as follows: Thursday, April 12, 2007 at 2 p.m. in AD HOC SUBCOMMITTEE ON DISASTER RECOVERY DEPARTMENT OF DEFENSE SD–628. Mr. ROCKEFELLER. Mr. President, I The PRESIDING OFFICER. Without ask unanimous consent that the Ad Claude M. Kicklighter, of Georgia, to be In- objection, it is so ordered. Hoc Subcommittee on Disaster Recov- spector General, Department of Defense. COMMITTEE ON INDIAN AFFAIRS ery be authorized to meet on Thursday, f Mr. ROCKEFELLER. Mr. President, I April 12, 2007, at 2 p.m. for a hearing ti- LEGISLATIVE SESSION ask unanimous consent that the Com- tled ‘‘GAO’s Analysis of the Gulf Coast The PRESIDING OFFICER. Under mittee on Indian Affairs be authorized Recovery: A Dialogue on Removing Ob- the previous order, the Senate will now to meet on Thursday, April 12, 2007, at stacles to the Recovery Effort.’’ return to legislative session. 9:30 a.m. in Room 485 of the Russell The PRESIDING OFFICER. Without Senate Office Building to conduct a objection, it is so ordered. f business meeting to consider pending SUBCOMMITTEE ON SECURITY AND IRAQI AND AFGHANI legislation, to be followed immediately INTERNATIONAL TRADE AND FINANCE TRANSLATORS by an Oversight Hearing on Tribal Col- Mr. ROCKEFELLER. Mr. President, I Mr. REID. Mr. President, I ask unan- leges and Universities. ask unanimous consent that the Sub- imous consent that the Senate proceed The PRESIDING OFFICER. Without committee on Security and Inter- to the immediate consideration of S. objection, it is so ordered. national Trade and Finance be author- 1104. COMMITTEE ON THE JUDICIARY ized to meet during the session of the The PRESIDING OFFICER. The Mr. ROCKEFELLER. Mr. President, I Senate on April 12, 2007, at 2 p.m., to clerk will report the bill by title. ask unanimous consent that the Com- conduct a hearing on ‘‘Pirating the The legislative clerk read as follows: mittee on the Judiciary be authorized American Dream: Intellectual Property A bill (S. 1104) to increase the number of to meet to conduct a markup on Thurs- Theft’s Impact on America’s Place in Iraqi and Afghani translators and inter- day, April 12, at 10 a.m. in Dirksen the Global Economy and Strategies for preters who may be admitted to the United Room 226. Improving Enforcement.’’ States as special immigrants.

VerDate Aug 31 2005 03:12 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.066 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4455 There being no objection, the Senate The PRESIDING OFFICER. Without fairs Medical Center’’ located at 1501 San proceeded to consider the bill. objection, it is so ordered. The clerk Pedro Drive, SE, in Albuquerque, New Mex- Mr. REID. Mr. President, I ask unan- will report the bill by title. ico, shall be known and redesignated as the imous consent that the bill be read a The legislative clerk read as follows: ‘‘Raymond G. Murphy Department of Vet- erans Affairs Medical Center’’. third time, passed, the motion to re- A bill (S. 229) to redesignate a Federal building in Albuquerque, New Mexico, as the SEC. 2. REFERENCES. consider be laid upon the table, and Any reference in a law, map, regulation, that any statements relating to this ‘‘Raymond G. Murphy Department of Vet- erans Affairs Medical Center’’. document, paper, or other record of the bill be printed in the RECORD. United States to the Federal building re- The PRESIDING OFFICER. Without There being no objection, the Senate ferred to in section 1 shall be deemed to be objection, it is so ordered. proceeded to consider the bill. a reference to the ‘‘Raymond G. Murphy De- The bill (S. 1104) was ordered to be Mr. DOMENICI. Mr. President, I am partment of Veterans Affairs Medical Cen- engrossed for a third reading, was read very pleased today that we will have ter’’. the third time, and passed, as follows: renamed the Albuquerque VA facility f as the Raymond G. Murphy Depart- S. 1104 CONGRATULATING THE UNIVER- Be it enacted by the Senate and House of Rep- ment of Veterans Affairs Medical Cen- ter. I thank my colleague Senator SITY OF TENNESSEE WOMEN’S resentatives of the United States of America in BASKETBALL TEAM Congress assembled, BINGAMAN for his support on this issue, SECTION 1. SPECIAL IMMIGRANT STATUS FOR as well as Senator AKAKA and Senator Mr. REID. Mr. President, I ask unan- CERTAIN ALIENS SERVING AS CRAIG and the staff on the Committee imous consent that the Senate now TRANSLATORS OR INTERPRETERS of Veterans’ Affairs for their help. proceed to the consideration of S. Res. WITH FEDERAL AGENCIES. Raymond ‘‘Jerry’’ Murphy died last 147. (a) INCREASE IN NUMBERS ADMITTED.—Sec- Friday at the age of 77. His obituary tion 1059 of the National Defense Authoriza- The PRESIDING OFFICER. The tion Act for Fiscal Year 2006 (8 U.S.C. 1101 described him as ‘‘one of the softest- clerk will report the resolution by note) is amended— spoken, most modest men to ever wear title. (1) in subsection (b)(1)— the Medal of Honor.’’ Jerry Murphy The legislative clerk read as follows: (A) in subparagraph (B), by striking ‘‘as a was a true American hero who in war A resolution (S. Res. 147) congratulating translator’’ and inserting ‘‘, or under Chief of and peace dedicated himself to others. the University of Tennessee women’s basket- Mission authority, as a translator or inter- CPT Jerry Murphy was the 39th U.S. ball team for winning the 2007 NCAA Divi- preter’’ ; Marine to be awarded the Medal of sion I Women’s Basketball Championship. (B) in subparagraph (C), by inserting ‘‘the Honor for heroism in the Korean war. There being no objection, the Senate Chief of Mission or’’ after ‘‘recommendation When he returned from war he dedi- proceeded to consider the resolution. from’’; and cated his entire life to taking care of (C) in subparagraph (D), by inserting ‘‘the Mr. REID. Mr. President, if I can just Chief of Mission or’’ after ‘‘as determined other veterans. He spent 23 years work- comment, that was a remarkable tour- by’’; and ing in the Albuquerque VA regional of- nament. The final four was exciting, (2) in subsection (c)(1), by striking ‘‘section fice. Upon his retirement, he continued and the game between the Rutgers Uni- during any fiscal year shall not exceed 50.’’ to serve veterans as a volunteer until versity team and the University of and inserting the following: ‘‘section— he became too sick to do so. I think it Tennessee was very exciting. It was ‘‘(A) during each of the fiscal years 2007, is only right that the medical center in high-quality basketball. I enjoyed it a 2008, and 2009, shall not exceed 500; and Albuquerque bear his name in recogni- lot more than the men’s final four. ‘‘(B) during any other fiscal year shall not tion of his great service to veterans Mr. President, I ask unanimous con- exceed 50.’’. and to the Nation. sent that the resolution be agreed to, (b) ALIENS EXEMPT FROM EMPLOYMENT- I came to the floor earlier in the BASED NUMERICAL LIMITATIONS.—Section the preamble be agreed to, and the mo- 1059(c)(2) of such Act is amended— week and spoke about my good friend tion to reconsider be laid on the table. (1) by amending the paragraph heading to after he died. I stand by that statement The PRESIDING OFFICER. Without read as follows: and again send my condolences to Jer- objection, it is so ordered. ‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT- ry’s wife Maryann, his sons John, Mi- The resolution (S. Res. 147) was BASED NUMERICAL LIMITATIONS.—’’; and chael, and Tim, his daughter Eleanor, agreed to. (2) by inserting ‘‘and shall not be counted as well as his eight grandchildren. It is The preamble was agreed to. against the numerical limitations under sec- never easy to lose a loved one, but at The resolution, with its preamble, tion 201(d), 202(a), and 203(b)(4) of the Immi- these trying moments, we can take sol- reads as follows: gration and Nationality Act (8 U.S.C. 1151(d), ace in the fact that Jerry lived a long 1152(a), and 1153(b)(4))’’ before the period at S. RES. 147 the end. and fulfilling life. He helped many peo- Whereas, on April 3, 2007, before a crowd of (c) ADJUSTMENT OF STATUS.—Section 1059 ple and touched many lives. His service over 20,000 fans, the University of Tennessee of such Act is further amended— is a shining example to civilians and women’s basketball team (the ‘‘Lady Vols’’) (1) by redesignating subsection (d) as sub- veterans alike of a life dedicated to defeated the Scarlet Knights of Rutgers by a section (e); and service. score of 59-46 to win the 2007 National Colle- (2) by inserting after subsection (c) the fol- I am very proud to have known Jerry giate Athletic Association (NCAA) Division I lowing: Murphy and to have been able to call Women’s Basketball Championship; ‘‘(d) ADJUSTMENT OF STATUS.—Notwith- him my friend. It is a privilege to play Whereas this championship was the first standing paragraphs (2), (7) and (8) of section a part in bestowing this deserving national title for the Lady Vols since their 3- 245(c) of the Immigration and Nationality year championship run in 1996-98, and their Act (8 U.S.C. 1255(c)), the Secretary of Home- honor on a great man and a great 7th national title in the last 20 years; land Security may adjust the status of an American, Raymond Gerald Murphy. Whereas the Lady Vols were successful due alien to that of a lawful permanent resident Mr. REID. Mr. President, I ask unan- to the leadership of Coach Pat Summitt, the under section 245(a) of such Act if the alien— imous consent that the bill be read a Nation’s all-time winningest NCAA basket- ‘‘(1) was paroled or admitted as a non- third time, passed, the motion to re- ball coach (men’s or women’s) with 947 wins immigrant into the United States; and consider be laid upon the table, and over 33 seasons at the University of Ten- ‘‘(2) is otherwise eligible for special immi- that any statements relating to this nessee; grant status under this section and under the bill be printed in the RECORD. Whereas Joan Cronan, the Women’s Ath- Immigration and Nationality Act.’’. The PRESIDING OFFICER. Without letics Director, has shown vision and leader- f objection, it is so ordered. ship throughout her 24-year career at the The bill was ordered to be engrossed University of Tennessee and created one of RAYMOND G. MURPHY DEPART- the most visible and respected athletic pro- MENT OF VETERANS AFFAIRS for a third reading, was read the third grams in the country; MEDICAL CENTER time, and passed, as follows: Whereas the Lady Vols were undefeated in Mr. REID. Mr. President, I ask unan- S. 229 conference games during the 2006-2007 season imous consent that the Committee on Be it enacted by the Senate and House of Rep- and compiled an impressive overall record of resentatives of the United States of America in 34 wins and 3 losses; Veterans’ Affairs be discharged from Congress assembled, Whereas Candace Parker tallied 17 points, further consideration of S. 229 and the SECTION 1. REDESIGNATION. 7 rebounds, and 3 assists and was selected the Senate proceed to its immediate con- The Federal building known and des- Most Outstanding Player for the 2007 tour- sideration. ignated as the ‘‘Department of Veterans Af- nament, becoming the 5th Lady Volunteer to

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\G12AP6.061 S12APPT1 mstockstill on PROD1PC66 with SENATE S4456 CONGRESSIONAL RECORD — SENATE April 12, 2007 be so honored, following in the footsteps of The resolution (S. Res. 148) was Mr. REID. Mr. President, I ask unan- Chamique Holdsclaw (1998, 1997), Michelle agreed to. imous consent that the resolution be Marciniak (1996), Bridgette Gordon (1989), The preamble was agreed to. agreed to, the preamble be agreed to, and Tonya Edwards (1987); The resolution, with its preamble, the motion to reconsider be laid upon Whereas Shannon Bobbitt, who at only 5 feet, 2 inches, is the smallest player ever at reads as follows: the table, and any statements relating the University of Tennessee, scored 3 deci- S. RES. 148 to the resolution be printed in the sive 3-pointers in the 2nd half, finished the Whereas, on April 2nd, 2007, the University RECORD, with no intervening action or game with 13 points, and was named to the of Florida men’s basketball team made his- debate. 2007 All-Tournament Team; tory with its 84–75 win over the Ohio State The PRESIDING OFFICER. Without Whereas Nicky Anosike had a career high University Buckeyes—becoming only the objection, it is so ordered. of 16 rebounds and was named to the 2007 All- seventh school to repeat as national cham- The resolution (S. Res. 92) was agreed Tournament team; pions in men’s hoops, and the first team to. Whereas senior Sidney Spencer scored 11 since Duke University accomplished this The preamble was agreed to. points and Alberta Auguste scored 10 points, feat in 1991 and 1992, and the first school to with both players achieving a combined 6 for hold national titles in both basketball and The resolution, with its preamble, 6 from the free throw line; football in the same year; reads as follows: Whereas Alexis Hornbuckle played out- Whereas, the Gators entered the 2006–2007 S. RES. 92 standing defense and created energy on the season as the defending national champions Whereas Israel withdrew from southern court; and posted a 35–5 win-loss record during their Lebanon on May 24, 2000; Whereas Dominique Redding and Alex second run for the title, finishing the season Whereas Congress expressed concern for Fuller also contributed to the team’s vic- with a ten-game winning streak and securing soldiers of Israel missing in Lebanon and tory; the Southeastern Conference Championship, Syrian-controlled territory of Lebanon in Whereas the 2006-2007 team has an average in addition to the 2007 NCAA Division I the Act entitled ‘‘To locate and secure the GPA above 3.0; and men’s basketball crown; return of Zachary Baumel, a United States Whereas Coach Pat Summitt’s Lady Vols Whereas, Head Coach Billy Donovan joined citizen, and other Israeli soldiers missing in continue their remarkable graduation rate, elite company as he became one of only four action’’, approved November 8, 1999 (Public with every student athlete who has com- active coaches to win multiple NCAA titles; Law 106–89), which required the Secretary of pleted her eligibility at the University of Whereas, University of Florida junior State to raise the status of missing soldiers Tennessee either graduating or working to- Corey Brewer was chosen as the Most Out- of Israel with appropriate government offi- ward all of the requirements for graduation: standing Player of the Final Four; cials of Syria, Lebanon, the Palestinian Au- Now, therefore, be it Whereas, each player, coach, trainer, and thority, and other governments in the re- Resolved, That the Senate— manager dedicated his or her time and effort gion, and to submit to Congress reports on (1) congratulates the University of Ten- to ensuring that the Florida Gators defended those efforts and any subsequent discovery nessee women’s basketball team for being their title and captured a second consecutive of relevant information; champions on and off the court and for their national championship; and Whereas, on June 18, 2000, the United Na- victory in the 2007 NCAA Division I Women’s Whereas, the families of the players, stu- tions Security Council welcomed and en- Basketball Championship; dents, alumni, and faculty of the University dorsed the report by United Nations Sec- (2) recognizes the significant achievements of Florida, and all of the supporters of the retary-General Kofi Annan that Israel had of the players, coaches, students, alumni, University of Florida, are to be congratu- withdrawn completely from Lebanon under and support staff whose dedication and hard lated for their commitment to, and pride in, the terms of United Nations Security Coun- work helped the University of Tennessee the basketball program at the University: cil Resolution 425 (1978); Lady Vols win the NCAA championship; and Now, therefore, be it Whereas Israel completed its withdrawal (3) respectfully requests the Secretary of Resolved, That the Senate— from Gaza on September 12, 2005; the Senate to transmit copies of this resolu- (1) commends the University of Florida Whereas, on June 25, 2006, Hamas and allied tion to the following for appropriate dis- men’s basketball team for winning the 2007 terrorists crossed into Israel to attack a play— NCAA Division I Basketball Championship; military post, killing 2 soldiers and wound- (A) Dr. John D. Petersen, President of the (2) recognizes the achievements of all of ing a third, Gilad Shalit, who was kidnapped; University of Tennessee; the players, coaches, and support staff who Whereas, on July 12, 2006, terrorists of (B) Dr. Loren Crabtree, Chancellor of the were instrumental in helping the University Hezbollah crossed into Israel to attack University of Tennessee, Knoxville; of Florida men’s basketball team win con- troops of Israeli patrolling the Israeli side of (C) Joan Cronan, Women’s Athletics Direc- secutive NCAA Division I Basketball Cham- the border with Lebanon, killing 3 soldiers, tor; and pionships, and wounding 2 more, and kidnapping Ehud (D) Pat Summitt, Women’s Basketball (3) respectfully requests the Secretary of Goldwasser and Eldad Regev; Head Coach. the Senate to transmit enrolled copies of Whereas Gilad Shalit has been held in cap- f this resolution to— tivity by Hamas for more than 7 months; (A) the University of Florida for appro- Whereas Ehud Goldwasser and Eldad Regev COMMENDING THE UNIVERSITY OF priate display; have been held in captivity by Hezbollah for FLORIDA MEN’S BASKETBALL (B) the President of the University of Flor- more than 6 months; TEAM ida, Dr. J. Bernard Machen; Whereas Hamas and Hezbollah have with- (C) the Athletic Director of the University held all information on the health and wel- Mr. REID. Mr. President, I ask unan- of Florida, Jeremy Foley; and imous consent that the Senate now fare of the men they have kidnapped; and (D) the Head Coach of the University of Whereas, contrary to the most basic stand- proceed to the consideration of S. Res. Florida men’s basketball team, Billy Dono- ards of humanitarian conduct, Hamas and 148. van. Hezbollah have prevented access to the The PRESIDING OFFICER. The f Israeli captives by competent medical per- clerk will report the resolution by sonnel and representatives of the Inter- title. CALLING FOR IMMEDIATE AND national Committee of the Red Cross: Now, The legislative clerk read as follows: UNCONDITIONAL RELEASE OF therefore, be it SOLDIERS OF ISRAEL A resolution (S. Res. 148) commending The Resolved, That the Senate— University of Florida men’s basketball team Mr. REID. Mr. President, I ask unan- (1) demands that— for winning the 2007 National Collegiate Ath- imous consent that the Senate Com- (A) Hamas immediately and uncondition- ally release Israeli soldier Gilad Shalit; letic Association (NCAA) Division I Basket- mittee on Foreign Relations be dis- ball Championship. (B) Hezbollah accept the mandate of charged from further consideration of United Nations Security Council Resolution There being no objection, the Senate S. Res. 92. 1701 (2006) by immediately and uncondition- proceeded to consider the resolution. The PRESIDING OFFICER. Without ally releasing Israeli soldiers Ehud Mr. REID. Mr. President, I ask unan- objection, it is so ordered. The clerk Goldwasser and Eldad Regev; and imous consent that the resolution be will report the resolution by title. (C) Hezbollah and Hamas accede to the agreed to, the preamble be agreed to, The legislative clerk read as follows: most basic standards of humanitarian con- duct and allow prompt access to the Israeli the motion to reconsider be laid upon A resolution (S. Res. 92) calling for the im- captives by competent medical personnel the table, and that any statements re- mediate and unconditional release of soldiers and representatives of the International of Israel held captive by Hamas and lating to the resolution be printed in Committee of the Red Cross; Hezbollah. the RECORD. (2) expresses— The PRESIDING OFFICER. Without There being no objection, the Senate (A) vigorous support and unwavering com- objection, it is so ordered. proceeded to consider the resolution. mitment to the welfare and survival of the

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A12AP6.029 S12APPT1 mstockstill on PROD1PC66 with SENATE April 12, 2007 CONGRESSIONAL RECORD — SENATE S4457 State of Israel as a Jewish and democratic Mr. REID. I further ask unanimous during most, if not all, of that debate: state with secure borders; consent that if the committee does not Senators Harkin, Specter, Brownback, (B) strong support and deep interest in file S. 3 tomorrow, it be in order for the Coleman, and Isakson. They conducted achieving a resolution of the Israeli-Pales- majority leader, on Monday, to intro- the debate in a manner which shows tinian conflict through the creation of a via- ble and independent Palestinian state living duce a bill dealing with the same sub- Members can disagree and not be dis- in peace alongside of the State of Israel; ject matter and that it be in order for agreeable. Although there were dif- (C) ongoing concern and sympathy for the the majority leader to move to proceed ferent points of view, the debate was families of Gilad Shalit, Ehud Goldwasser, to that bill on Monday. clearly very informative and edu- Eldad Regev, and all other missing soldiers The PRESIDING OFFICER. Without cational. of Israel; and objection, it is so ordered. Also, we just entered an order allow- (D) full commitment to seek the imme- f ing the Senate to consider the Intel- diate and unconditional release of the Israeli ligence authorization bill on Monday. captives; and ORDERS FOR MONDAY, APRIL 16, There will be a cloture vote on that bill (3) condemns— 2007 (A) Hamas and Hezbollah for the cross bor- at 5:30 p.m. on Monday. der attacks and kidnappings that precip- Mr. REID. I ask unanimous consent The Senate will not be in session on itated weeks of intensive armed conflict be- that when the Senate completes its Friday. Therefore, there will be no roll- tween Israel and Hezbollah and armed Pales- business today, it stand adjourned call votes. tinian groups; and until 2 p.m. on Monday, April 16, and (B) Iran and Syria for their ongoing sup- on Monday, following the prayer and f port of Hezbollah and Hamas. the pledge, the Journal of proceedings ADJOURNMENT UNTIL MONDAY, f be approved to date, the morning hour APRIL 16, 2007, AT 2 P.M. be deemed expired, and the time for the AUTHORITY FOR COMMITTEE TO two leaders be reserved for their use Mr. REID. If there is no further busi- REPORT later in the day; that there then be a ness to be brought before the Senate, I Mr. REID. Mr. President, I ask unan- period of morning business for 60 min- ask unanimous consent that the Sen- imous consent that on Friday, April 13, utes with Senators permitted to speak ate stand adjourned under the previous notwithstanding an adjournment of the for up to 10 minutes each; that at the order. Senate, the Senate Finance Committee close of morning business the Senate There being no objection, the Senate, be permitted to report S. 3 during the resume consideration of S. 372, as pro- at 7:24 p.m., adjourned until Monday, hours of 12 noon to 2 p.m.; further, that vided for under a previous order. April 16, 2007, at 2 p.m. if the bill is reported, it be in order for The PRESIDING OFFICER. Without f the majority leader to move to proceed objection, it is so ordered. to the bill on Monday, April 16. f CONFIRMATION The PRESIDING OFFICER. Without Executive nomination confirmed by objection, it is so ordered. PROGRAM the Senate Thursday, April 12, 2007: Mr. REID. Mr. President, I also ask Mr. REID. I commend the Republican unanimous consent that Members have leader for his willingness to work with DEPARTMENT OF DEFENSE until 2:30 p.m. on Monday to file us in getting an agreement where we CLAUDE M. KICKLIGHTER, OF GEORGIA, TO BE INSPEC- TOR GENERAL, DEPARTMENT OF DEFENSE. amendments to S. 3. debated two stem cell bills. I also THE ABOVE NOMINATION WAS APPROVED SUBJECT TO The PRESIDING OFFICER. Without would be remiss if I did not mention THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY objection, it is so ordered. the primary individuals who were here CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Aug 31 2005 02:19 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0637 Sfmt 9801 E:\CR\FM\A12AP6.031 S12APPT1 mstockstill on PROD1PC66 with SENATE Thursday, April 12, 2007 Daily Digest Senate Release of Israeli Soldiers: Committee on Foreign Chamber Action Relations was discharged from further consideration Routine Proceedings, pages S4309–S4457 of S. Res. 92, calling for the immediate and uncon- Measures Introduced: Sixteen bills and three reso- ditional release of soldiers of Israel held captive by lutions were introduced, as follows: S. 1093–1108, Hamas and Hezbollah, and the resolution was then and S. Res. 146–148. Page S4437 agreed to. Pages S4456–57 Measures Reported: Intelligence Authorization Act: Senate began con- S. 193, to increase cooperation on energy issues sideration of S. 372, to authorize appropriations for between the United States Government and foreign fiscal year 2007 for the intelligence and intelligence- governments and entities in order to secure the stra- related activities of the United States Government, tegic and economic interests of the United States. (S. the Intelligence Community Management Account, Rept. No. 110–54) and the Central Intelligence Agency Retirement and H.R. 1003, to amend the Foreign Affairs Reform Disability System, after agreeing to the motion to and Restructuring Act of 1998 to reauthorize the proceed. Pages S4428–29 United States Advisory Commission on Public Di- A motion was entered to close further debate on plomacy. (S. Rept. No. 110–55) the bill and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, a S. Res. 112, designating April 6, 2007, as ‘‘Na- vote on cloture will occur on Monday, April 16, tional Missing Persons Day’’. Pages S4436–37 2007 at 5:30 p.m. Page S4428 Measures Passed: A unanimous-consent agreement was reached pro- Iraqi and Afghani Translators and Interpreters: viding for further consideration of the bill on Mon- Senate passed S. 1104, to increase the number of day, April 16, 2007, at 3 p.m., and that Senator Iraqi and Afghani translators and interpreters who Rockefeller be recognized at that time to offer a may be admitted to the U.S. as special immigrants. managers amendment on behalf of himself and Sen- Pages S4454–55 ator Bond; provided further that first-degree amend- ments be filed by 2:30 p.m. on Monday, April 16, Raymond G. Murphy Department of Veterans 2007. Page S4457 Affairs Medical Center: Committee on Veterans Af- During consideration of this measure today, Senate fairs was discharged from further consideration of S. also took the following action: 229, to redesignate a Federal building in Albu- By 94 yeas to 3 nays (Vote No. 129), three-fifths querque, New Mexico, as the ‘‘Raymond G. Murphy of those Senators duly chosen and sworn, having Department of Veterans Affairs Medical Center’’, and voted in the affirmative, Senate agreed to the motion the bill was then passed. Page S4455 to close further debate on the motion to proceed to Congratulating the University of Tennessee consideration of the bill. Pages S4413–29 Women’s Basketball Team: Senate agreed to S. Res. Committee Reporting—Agreement: A unanimous- 147, congratulating the University of Tennessee consent agreement was reached providing that on women’s basketball team for winning the 2007 Friday, April 13, 2007, notwithstanding an adjourn- NCAA Division I Women’s Basketball Champion- ment of the Senate, that the Committee on Finance ship. Pages S4455–56 be permitted to report S. 3, to amend part D of title Commending the University of Florida Men’s XVIII of the Social Security Act to provide for fair Basketball Team: Senate agreed to S. Res. 148, prescription drug prices for Medicare beneficiaries, commending the University of Florida men’s basket- during the hours of 12 noon to 2 p.m.; further that ball team for winning the 2007 National Collegiate if the bill is reported, it be in order for the Majority Athletic Association (NCAA) Division I Basketball Leader to move to proceed to the bill on Monday, Championship. Page S4456 April 16, 2007. Page S4457 D488

VerDate Aug 31 2005 02:40 Apr 13, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP7.REC D12APPT1 bajohnson on PRODPC74 with DIGEST April 12, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D489 Nomination Confirmed: Senate confirmed the fol- D.C.; and Eric Nelson, Wisconsin Department of lowing nomination: Agriculture, Trade, and Consumer Protection, Madi- Claude M. Kicklighter, of Georgia, to be Inspec- son, on behalf of the American Association of Feed tor General, Department of Defense. Control Officers. Pages S4454, S4457 INTELLECTUAL PROPERTY THEFT Messages from the House: Page S4435 Committee on Banking, Housing, and Urban Affairs: Enrolled Bills Presented: Page S4435 Committee concluded a hearing to examine the issue Executive Communications: Pages S4435–36 of piracy, focusing on intellectual property theft’s impact on America’s place in the global economy Executive Reports of Committees: Page S4437 and strategies for improving enforcement, after re- Additional Cosponsors: Pages S4437–39 ceiving testimony from Senator Voinovich; Loren Statements on Introduced Bills/Resolutions: Yager, Director, International Affairs and Trade, Pages S4439–53 Government Accountability Office; Moises Naim, Foreign Policy, and Brad Hunter, U.S. Chamber of Additional Statements: Pages S4434–35 Commerce, both of Washington, D.C.; and Timothy Amendments Submitted: Page S4453 E. Demarais, ABRO Industries, Inc., South Bend, Authorities for Committees to Meet: Indiana. Pages S4453–54 TRANSPORTATION WORKER Privileges of the Floor: Page S4454 IDENTIFICATION CREDENTIAL Record Votes: One record vote was taken today. Committee on Commerce, Science, and Transportation: (Total—129) Page S4413 Committee concluded a hearing to examine Trans- portation Workers Identification Credentials (TWIC) Adjournment: Senate convened at 9:30 a.m., and implementation, after receiving testimony from Kip adjourned at 7:24 p.m., until 2 p.m. on Monday, Hawley, Assistant Secretary, Transportation Security April 16, 2007. (For Senate’s program, see the re- Administration, and Rear Admiral Brian Salerno, marks of the Majority Leader in today’s Record on Director, Inspections and Compliance, United States page S4457.) Coast Guard, both of the Department of Homeland Security; Norman J. Rabkin, Managing Director, Committee Meetings Homeland Security and Justice Issues, Government Accountability Office; Lisa B. Himber, Maritime Ex- (Committees not listed did not meet) change for the Delaware River and Bay, Philadel- APPROPRIATIONS: DEPARTMENT OF phia, Pennsylvania; Paul Kaipo Pomaikai, Sr., Sause VETERANS AFFAIRS Bros., Inc., Honolulu, Hawaii; and Michael Rodriguez, International Organization of Masters, Committee on Appropriations: Subcommittee on Mili- Mates and Pilots, Linthicum Heights, Maryland. tary Construction and Veterans Affairs concluded a hearing to examine proposed budget estimates for BIOFUELS FOR ENERGY SECURITY AND fiscal year 2008 for the Department of Veterans Af- TRANSPORTATION ACT fairs, after receiving testimony from R. James Nich- Committee on Energy and Natural Resources: Committee olson, Secretary of Veterans Affairs. concluded a hearing to examine S. 987, to enhance PET FOOD RECALL the energy security of the United States by pro- moting biofuels, after receiving testimony from Al- Committee on Appropriations: Subcommittee on Agri- exander Karsner, Assistant Secretary of Energy for culture, Rural Development, Food and Drug Admin- Energy Efficiency and Renewable Energy; Bob istration, and Related Agencies concluded a hearing Dinneen, Renewable Fuels Association, Daniel A. to examine the current pet food recall, after receiving Lashof, Natural Resources Defense Council Climate testimony from Stephen F. Sundlof, Director, Center Center, and Red Cavaney, American Petroleum Insti- for Veterinary Medicine, and Steve Solomon, Deputy tute, all of Washington, D.C.; and Brian Foody, Director, Office of Regional Operations, both of the Iogen Corporation, Ontario, Canada. Food and Drug Administration, Department of Health and Human Services; Elizabeth Hodgkins, FEDERAL TAX RETURNS All About Cats Health and Wellness Center, Yorba Committee on Finance: Committee concluded a hearing Linda, California; Claudia A. Kirk, University of to examine the Internal Revenue Service’s (IRS) tax Tennessee College of Veterinary Medicine, Knoxville; filing season performance as an indicator of how well Duane Ekedahl, Pet Food Institute, Washington, the IRS serves taxpayers, after receiving testimony

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Guy, Navajo Dimitrios Soukas, Victorville, California. Technical College, Crownpoint, New Mexico, both ALTERNATIVE ENERGY POLICY on behalf of the American Indian Higher Education Committee on Finance: Subcommittee on Energy, Nat- Consortium; and Jamie P. Merisotis, Institute for ural Resources, and Infrastructure concluded a hear- Higher Education Policy, and Bette Keltner, ing to examine international perspectives on a policy Georgetown University School of Nursing and on alternative energy sources, focusing on incentives Health Studies, both of Washington D.C. and mandates and their impacts, after receiving testi- mony from Charles Boortz, Advent Solar, Inc., Albu- BUSINESS MEETING querque, New Mexico; Jonathan Johns, Ernst and Committee on the Judiciary: Committee ordered favor- Young LLP, Exeter, United Kingdom; and John ably reported the following: Krenicki, Jr., GE Energy, Atlanta, Georgia. S. 236, to require reports to Congress on Federal agency use of data mining, with an amendment in BUSINESS MEETING the nature of a substitute; Committee on Finance: Committee ordered favorably S. 849, to promote accessibility, accountability, reported S. 3, to amend part D of title XVIII of the and openness in Government by strengthening sec- Social Security Act to provide for fair prescription tion 552 of title 5, United States Code (commonly drug prices for Medicare beneficiaries, with an referred to as the Freedom of Information Act); amendment in the nature of a substitute. S. 621, to establish commissions to review the GULF COAST RECOVERY facts and circumstances surrounding injustices suf- fered by European Americans, European Latin Amer- Committee on Homeland Security and Governmental Af- icans, and Jewish refugees during World War II; fairs: Ad Hoc Subcommittee on Disaster Recovery S. 735, to amend title 18, United States Code, to concluded a hearing to examine ways to remove ob- improve the terrorist hoax statute; stacles to the recovery effort, focusing on the Gov- S. Res. 112, designating April 6, 2007, as ‘‘Na- ernment Accountability Office’s analysis of the Gulf tional Missing Persons Day’’; and The nomination of Coast rebuilding, after receiving testimony from Halil Suleyman Ozerden, to be United States Dis- Stanley J. Czerwinski, Director, Strategic Issues, trict Judge for the Southern District of Mississippi. Government Accountability Office; Donald E. Pow- Committee agreed to two motions to give the ell, Federal Coordinator for Gulf Coast Rebuilding, Committee authority to issue subpoenas in connec- Department of Homeland Security; Donna E. tion with the investigation into the replacement of Fraiche, Louisiana Recovery Authority, and Edward United States Attorneys. J. Blakely, City of New Orleans Recovery Manage- Also, Committee began consideration of S. 376, to ment, both of New Orleans, Louisiana; Mayor John amend title 18, United States Code, to improve the Thomas Longo, Waveland, Mississippi; and Ernest provisions relating to the carrying of concealed Broussard, Jr., Cameron Parish Planning and Devel- weapons by law enforcement officers, but did not opment, Lake Charles, Louisiana. complete action thereon. EQUAL PAY FOR WOMEN WORKERS Committee on Health, Education, Labor, and Pensions: FILIPINO VETERANS EQUITY ACT Committee concluded a hearing to examine closing Committee on Veterans Affairs: On Wednesday, April the gap relating to equal pay for women workers, 11, Committee concluded a hearing to examine S. after receiving testimony from Evelyn F. Murphy, 57, to amend title 38, United States Code, to deem The WAGE Project, Inc., Boston, Massachusetts; certain service in the organized military forces of the Jocelyn Samuels, National Women’s Law Center, Government of the Commonwealth of the Phil- Washington, D.C.; Philip N. Cohen, University of ippines and the Philippine Scouts to have been ac- North Carolina at Chapel Hill; and Barbara Berish tive service for purposes of benefits under programs Brown, Paul, Hastings, Janofsky and Walker LLP, administered by the Secretary of Veterans Affairs, Baltimore, Maryland. after receiving testimony from Ronald R. Aument,

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Deputy Under Secretary of Veterans Affairs for Bene- Honolulu; Patrick G. Ganio Sr., American Coalition fits; Sidath Viranga Panangala, Analyst in Social for Filipino Veterans Inc., Arlington, Virginia; Be- Legislation, Congressional Research Service, Library nito Valdez, Filipino Community of Seattle, Seattle, of Congress; H.E. Willy C. Gaa, Philippine Ambas- Washington; Lieutenant Colonel Edwin Ramsey, sador to the United States, Washington, D.C.; Maria (Ret.) United States Army, Los Angeles, California. Luisa Antonio, Veterans Equity Center, and Jenah Yangwas, Student Action for Veterans Equity, both INTELLIGENCE of San Francisco, California; Manuel B. Braga, Fili- Select Committee on Intelligence: Committee held closed pino WWII Veterans Federation of San Diego Coun- hearings on intelligence matters, receiving testimony ty, San Diego, California; Art A. Caleda, WWII Fili- from officials of the intelligence community. pino American Veterans and Auxiliary of Hawaii, Committee recessed subject to the call. h House of Representatives COMMITTEE MEETINGS FOR FRIDAY, Chamber Action APRIL 13, 2007 The House was not in session today. The House (Committee meetings are open unless otherwise indicated) is scheduled to meet at 2 p.m. on Monday, April 16, Senate 2007, pursuant to the provisions of H. Con. Res. No meetings/hearings scheduled. 103. House Committee Meetings No committee meetings are scheduled. f No committee meetings were held. CONGRESSIONAL PROGRAM AHEAD Week of April 16 through April 21, 2007 Joint Meetings Senate Chamber DISABILITY RATING SYSTEMS On Monday, at 3:00 p.m., Senate will resume Committee on Armed Services: Committee concluded a consideration of S. 372, Intelligence Authorization joint hearing with the Committee on Veterans Af- Act. fairs to examine the Departments of Defense and During the balance of the week, Senate may con- Veterans Affairs disability rating systems and the sider any cleared legislative and executive business. transition of service members from the Department Senate Committees of Defense to the Department of Veterans Affairs, after receiving testimony from Gordon R. England, (Committee meetings are open unless otherwise indicated) Deputy Secretary, David S.C. Chu, Under Secretary Committee on Agriculture, Nutrition, and Forestry: April 18, to hold hearings to examine economic challenges and for Personnel and Readiness, and Preston M. Geren opportunities facing American agricultural producers III, Acting Secretary of the Army, all of the Depart- today, focusing on livestock, poultry and competition ment of Defense; and Daniel L. Cooper, Under Sec- issues, 9:30 a.m., SD–106. retary for Benefits, and Gerald Cross, Acting Prin- Committee on Appropriations: April 17, Subcommittee on cipal Deputy Under Secretary for Health, Veterans Labor, Health and Human Services, Education, and Re- Health Administration, both of the Department of lated Agencies, to hold hearings to examine combating Veterans Affairs; and Lieutenant General James autism, focusing on undertaking a coordinated response, Terry Scott, (Ret.) USA, Veterans’ Disability Bene- 2 p.m., SD–124. April 18, Subcommittee on State, Foreign Operations, fits Commission, Washington, D.C. and Related Programs, to hold hearings to examine pro- posed budget estimates for fiscal year 2008 for maternal and child health, and family planning and reproductive health, 10 a.m., SD–138.

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April 18, Subcommittee on Energy and Water Devel- ment, and demonstration program of the Department of opment, to hold hearings to examine proposed budget es- Energy, 2:30 p.m., SD–366. timates for fiscal year 2008 for the Department of En- Committee on Environment and Public Works: April 18, to ergy, 2:30 p.m., SD–138. hold hearings to examine the nomination of Lieutenant April 19, Subcommittee on Transportation, Housing General Robert L. Van Antwerp, Jr. to be Chief of Engi- and Urban Development, and Related Agencies, to hold neers and Commanding General of the United States hearings to examine rising highway fatalities, 10 a.m., Army Corps of Engineers, 2:30 p.m., SD–406. SD–124. Committee on Finance: April 18, to hold hearings to ex- Committee on Armed Services: April 17, to hold hearings amine the Administration’s plan for reducing the tax gap, to examine whether the Army and Marine Corps are focusing on goals, benchmarks, and timetables, 10 a.m., properly sized, organized, and equipped to respond to the SD–215. most likely missions over the next two decades while re- April 19, Full Committee, to hold hearings to examine taining adequate capability to respond to all contin- grains, cane, and automobiles relating to tax incentives gencies along the spectrum of combat, 9:30 a.m., for alternative fuels and vehicles, 10 a.m., SD–215. SD–106. Committee on Foreign Relations: April 18, to hold hear- April 17, Subcommittee on Readiness and Manage- ings to examine the nominations of R. Niels Marquardt, ment Support, to hold hearings to examine the current of California, to be Ambassador to the Republic of Mada- readiness of United States ground forces in review of the gascar, and to serve concurrently and without additional Defense Authorization Request for fiscal year 2008 and compensation as Ambassador to the Union of Comoros, the Future Years Defense Program, 3 p.m., S–407, Cap- Janet E. Garvey, of Massachusetts, to be Ambassador to itol. the Republic of Cameroon, and Phillip Carter III, of Vir- April 18, Subcommittee on Airland, to hold hearings ginia, to be Ambassador to the Republic of Guinea, 9:30 to examine whether the Army is properly sized, orga- p.m., SD–419. nized, and equipped to respond to the most likely mis- Committee on Health, Education, Labor, and Pensions: April sions over the next two decades while retaining adequate 17, Subcommittee on Employment and Workplace Safety, capability to respond to all contingencies along the spec- to hold hearings to examine domestic violence in the trum of combat in review of the Defense Authorization workplace, 10 a.m., SD–628. Request for fiscal year 2008 and the Future Years Defense April 18, Full Committee, business meeting to mark Program, 9:30 a.m., SR–222. up S. 1082, to amend the Federal Food, Drug, and Cos- April 19, Full Committee, to hold hearings to receive metic Act to reauthorize and amend the prescription drug testimony on the Department of Defense’s management of user fee provisions, and any pending nominations, 10 costs under the Logistics Civil Augmentation Program a.m., SD–628. (LOGCAP) contract in Iraq, 9:30 a.m., SH–216. April 19, Subcommittee on Strategic Forces, to hold Committee on Homeland Security and Governmental Affairs: hearings to examine proposed budget estimates for fiscal April 19, to hold hearings to examine the impact of year 2008 for the military space programs in review of global warming on private and federal insurance, 9 a.m., the Defense Authorization Request and the Future Years SD–342. Defense Program; with the possibility of a closed session April 19, Subcommittee on Federal Financial Manage- in SR–222 following the open session, 2:30 p.m., ment, Government Information, Federal Services, and SR–232A. International Security, to hold hearings to examine the Committee on Banking, Housing, and Urban Affairs: April current state of the Postal Service along with the efforts 17, Subcommittee on Securities, Insurance and Invest- underway to implement the Postal Accountability and ment, to hold hearings to examine the role of Enhancement Act (Public Law 109–435), 2 p.m., securitization relating to subprime mortgage market tur- SD–342. moil, 3 p.m., SD–538. Committee on the Judiciary: April 17, to hold oversight Committee on Commerce, Science, and Transportation: April hearings to examine the Department of Justice, 10 a.m., 17, to hold hearings to examine XM Sirius, 10 a.m., SH–216. SR–253. April 19, Full Committee, to hold hearings to examine April 18, Subcommittee on Oceans, Atmosphere, Fish- S. 1079, to establish the Star-Spangled Banner and War eries, and Coast Guard, to hold oversight hearings to ex- of 1812 Bicentennial Commission, S. 495, to prevent and amine proposed budget estimates for fiscal year 2008 for mitigate identity theft, to ensure privacy, to provide no- the United States Coast Guard, 2:30 p.m., SR–253. tice of security breaches, and to enhance criminal pen- April 19, Subcommittee on Science, Technology, and alties, law enforcement assistance, and other protections Innovation, to hold hearings to examine United States against security breaches, fraudulent access, and misuse of competitiveness through basic research, 10 a.m., SR–253. personally identifiable information, S. 221, to amend title Committee on Energy and Natural Resources: April 16, to 9, United States Code, to provide for greater fairness in hold hearings to examine S. 731, to develop a method- the arbitration process relating to livestock and poultry ology for, and complete, a national assessment of geologi- contracts, S. 495, to prevent and mitigate identity theft, cal storage capacity for carbon dioxide, and S. 962, to to ensure privacy, to provide notice of security breaches, amend the Energy Policy Act of 2005 to reauthorize and and to enhance criminal penalties, law enforcement assist- improve the carbon capture and storage research, develop- ance, and other protections against security breaches,

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fraudulent access, and misuse of personally identifiable in- Committee on Rules and Administration: April 18, to hold formation, S. 376, to amend title 18, United States Code, hearings to examine repealing the limitation on party ex- to improve the provisions relating to the carrying of con- penditures on behalf of candidates in general elections, 10 cealed weapons by law enforcement officers, S. 119, to a.m., SR–301. prohibit profiteering and fraud relating to military action, Committee on Small Business and Entrepreneurship: April relief, and reconstruction efforts, S. 735, to amend title 18, to hold hearings to examine Public Law 107–204 18, United States Code, to improve the terrorist hoax (Sarbanes Oxley Act) and small business addressing pro- statute, H.R. 740, to amend title 18, United States Code, posed regulatory changes and their impact on capital to prevent caller ID spoofing, and the nominations of markets, 10 a.m., SR–428A. Robert Gideon Howard, Jr., of Arkansas, to be United Special Committee on Aging: April 19, to hold hearings States Marshal for the Eastern District of Arkansas, Fred- to examine bioidentical hormones, 10 p.m., SD–562. erick J. Kapala, of Illinois, to be United States District House Committees Judge for the Northern District of Illinois, and Benjamin Hale Settle, of Washington, to be United States District No committee meetings/hearings scheduled. Judge for the Western District of Washington; and the Joint Meetings possibility of the issuance of certain subpoenas in connec- tion with the investigation into the replacement of Joint Committee on the Library: April 18, business meet- United States Attorneys, 10 a.m., SD–226. ing to consider an organizational meeting for the 110th Congress, 2:15 p.m., S–115, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, April 16 2 p.m., Monday, April 16

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 60 minutes), Senate will resume consideration of S. 372, Intelligence Authorization Act.

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