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

SENATE—Saturday, February 17, 2007

The Senate met at 12 noon and was Ms. CANTWELL thereupon assumed EXPRESSING THE SENSE OF THE called to order by the Honorable MARIA the chair as Acting President pro tem- CONGRESS ON IRAQ—MOTION TO CANTWELL, a Senator from the State of pore. PROCEED Washington. f The ACTING PRESIDENT pro tem- PRAYER pore. Under the previous order, the RECOGNITION OF THE MAJORITY Senate will resume consideration of The Chaplain, Dr. Barry C. Black, of- LEADER the motion to proceed to S. 574, which fered the following prayer: Let us pray. The ACTING PRESIDENT pro tem- the clerk will report. Eternal God, on this wintry weekend, pore. The majority leader is recog- The assistant legislative clerk read we pause to thank You for life and nized. as follows: health and love. Without Your love, we Motion to proceed to the consideration of f would falter. Faced with challenges S. 574, a bill to express the sense of Congress on Iraq. that demand greater-than-human wis- SCHEDULE dom, we find comfort in the knowledge The ACTING PRESIDENT pro tem- Mr. REID. Madam President, this that You care. Free us from guilt pore. The Senator from Kentucky is afternoon we will resume consideration through the power of Your limitless recognized. of the motion to proceed to S. 574, with forgiveness. Mr. BUNNING. Madam President, I Today, O Lord, keep our lawmakers the time until 1:45 p.m. equally divided rise today to speak again on the mis- faithful in the performance of their du- between the two leaders or their des- handling of the debate over the Iraq ties. Remind them of their total de- ignees; further, the Republican leader war resolutions. This debate has rami- pendence on You. Open their minds to will control the time between 1:25 and fications which will damage the insti- opportunities to do Your work on 1:35, and the majority leader will con- tution of the Senate and lower the mo- Earth. Give them wisdom for the cru- trol the time between 1:35 and 1:45 p.m. rale of our troops. cial decisions that affect our Nation At 1:45 p.m, the Senate will proceed to Here is the truth the American peo- and world. Inspire each Senator to do the rollcall vote on cloture on the mo- ple need to know: Republicans in the justly, to love mercy, and to walk tion to proceed. Senators should be Senate have not prevented any debate humbly with You. We pray in Your aware there is a possibility of addi- over the war in Iraq. We are debating wonderful Name. Amen. tional rollcall votes this afternoon, and the war again today. We have debated they would occur shortly after the clo- f the war in the past. And we will con- ture vote if cloture is not invoked. tinue to debate the war in the future. PLEDGE OF ALLEGIANCE ORDER OF PROCEDURE What we have prevented is the major- The Honorable MARIA CANTWELL led Madam President, I would also ask ity leader dictating to the minority ex- the Pledge of Allegiance, as follows: that on our side, the allotted time of actly which resolutions we will vote I pledge allegiance to the Flag of the the Senators be limited to 5 minutes on. My friends on the other side of the United States of America, and to the Repub- each. aisle have misled the American people lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- about this debate. indivisible, with liberty and justice for all. pore. Without objection, it is so or- Our Republican leader, my colleague f dered. and close friend from Kentucky, has APPOINTMENT OF ACTING tried to negotiate for more—I repeat— f PRESIDENT PRO TEMPORE more debate on additional resolutions The PRESIDING OFFICER. The RECOGNITION OF THE MINORITY expressing a broad range of viewpoints. clerk will please read a communication LEADER This is the U.S. Senate. The majority cannot tell the minority we are going to the Senate from the President pro The ACTING PRESIDENT pro tem- to have one vote—take it or leave it. tempore (Mr. BYRD). pore. The Republican leader is recog- And let me be clear: I am not running The assistant legislative clerk read nized. the following letter: from a vote on any of these resolu- U.S. SENATE, f tions. I don’t know one of my Repub- PRESIDENT PRO TEMPORE, lican colleagues who is afraid to cast a Washington, DC, February 17, 2007. SCHEDULED TIME IN OPPOSITION vote on any of the proposed resolutions To the Senate: Mr. MCCONNELL. Madam President, relating to Iraq. I have said repeatedly Under the provisions of rule I, paragraph 3, all of the time in opposition to the pro- and I will say it here again today: Non- of the Standing Rules of the Senate, I hereby posal the majority leader is describing binding resolutions that question mili- appoint the Honorable MARIA CANTWELL, a Senator from the State of Washington, to has been scheduled, and we will be fill- tary strategy are not in the best inter- perform the duties of the Chair. ing all of that time on this side of the ests of our Nation. They are not in the ROBERT C. BYRD, aisle. best interests of the Senate. They don’t President pro tempore. I yield the floor. have the effect of law. They only affect

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

4579 VerDate Nov 24 2008 10:03 Mar 08, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\BR07\S17FE7.000 S17FE7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 4580 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 our soldiers by sending them mixed sig- commitment that we Republicans be factions that can slow the bloodshed nals. But if we must go down that path, allowed to offer our own resolution of and promote stability. let’s vote. However, the majority lead- our own choosing. Our resolution, the My plan allows for a limited number er cannot dictate the terms of the vote. Gregg resolution, gives support to our of U.S. troops to remain as basic force If he could, this would be the House of troops. Unlike the resolution before us protection, to engage in counterterror- Representatives. But it is not. This is today, it does not send contradictory ism, and to continue the training of the U.S. Senate. This is a body with signals to the troops by telling them Iraqi security forces. rules that encourage opposing view- that on one hand we oppose their mis- And if the Iraqis are successful in points, not stifling debate by the ma- sion but on the other hand we support meeting the 13 benchmarks for jority leader hand-selecting one resolu- them as soldiers. That is not the mes- progress laid out by the Bush adminis- tion and forcing the other 99 of us to sage we need to be sending to our tration itself, this plan also allows for vote on it. troops at this critical time. the temporary suspension of the rede- But here we are. Americans are Mr. OBAMA. Madam President, I will ployment, provided Congress agrees watching this discussion right now. vote today to bring up a resolution for that the benchmarks have actually And it is not just a debate about Sen- debate that would disapprove of the been met and that the suspension is in ate floor procedures; this is about how President’s policy of escalation in Iraq. the national security interest of the we as Senators should conduct debate Last November, the American people United States. when we have troops in harm’s way. sent a clear message to their represent- The U.S. military has performed val- Many Americans oppose our efforts in atives in Washington. With their votes, iantly and brilliantly in Iraq. Our Iraq. That is their right. I respect their the American people said they wanted troops have done all that we have convictions. Yet they are misguided, a change in direction with regard to asked them to do and more. But no because I believe the cost of failure in the war in Iraq. Unfortunately, the amount of American soldiers can solve Iraq is too high to leave now. I do not White House—and its defenders in the the political differences at the heart of want to have to send American soldiers Senate—has ignored that will and somebody else’s civil war, nor settle back to Iraq in a few years to deal with fought to keep this day from happening the grievances in the hearts of the an even tougher situation. I do not for as long as they could. combatants. want to leave a breeding ground of ter- We may fail to get the required num- It is my firm belief that the respon- ror. But I understand there are many ber of votes to debate this very simple sible course of action for the United Americans who want this war to end, resolution. And even if we do get States, for Iraq, and for our troops is to regardless of the consequences of leav- enough votes, I realize that this resolu- oppose this reckless escalation and to ing soon. And no doubt there are some tion may not force a single change to pursue a new policy. This policy that I in this body and in the House of Rep- this country’s policy in Iraq. I realize have laid out is consistent with what I resentatives who share that same view. that it may not bring the Shiites and have advocated for well over a year, We as a Congress can end this war, Sunnis closer to peace, nor will it bring with many of the recommendations of but we cannot end it by nonbinding a single soldier home from this war. the bipartisan Iraq Study Group, and resolutions such as the one that passed But for the first time in the 4 years with what the American people de- the House of Representatives this week of this long, hard war, Democrats and manded in the November election. that the majority leader now wants us Republicans can join together to ex- When it comes to the war in Iraq, the to be forced to vote on in the Senate. press the will of the people who sent us time for promises and assurances, for We can end this war through the appro- here. waiting and patience, is over. Too priations process by cutting off funds That is why today’s vote must be many lives have been lost and too for this war. This is why I am so frus- only the beginning, and not the end, of many billions have been spent for us to trated by this debate. This is why I am a long-overdue debate on how we plan trust the President on another tried frustrated by many of my friends and to exit Iraq and refocus our efforts on and failed policy opposed by generals colleagues in this great body. the wider war against terror. If more and experts, Democrats and Repub- Many want to vote on a nonbinding stalemate and inaction follow this res- licans, Americans and many of the resolution that opposes our strategy in olution, it truly will be a meaningless Iraqis themselves. Iraq to show their constituents they gesture. It is now the responsibility of It is time for us to fundamentally oppose the war, yet not make the every Member of this body to put forth change our policy. tougher decision through the appro- a plan that offers the best path to It is time to give Iraqis their country priations process. I know many of my peace among the Iraqis so that our back. colleagues who want to vote on this brave soldiers can finally come home. And it is time to refocus America’s misguided House resolution will not—I Recently, I introduced the Iraq De- efforts on the challenges we face at repeat—not vote to cut off the funding Escalation Act of 2007. This plan would home and the wider struggle against for this war. They just want to have it not only place a cap on the number of terror yet to be won. both ways: they want to support a non- troops in Iraq and stop the escalation, Mr. SPECTER. Madam President, binding measure opposing the war but it would more importantly begin a this vote on cloture to cut off debate not actually to stop the war by exer- phased redeployment of U.S. forces involves a conflict between two impor- cising their constitutional right to cut with the goal of removing of all U.S. tant principles: (1) obtain fairness for off its funding. combat forces from Iraq by March 31, the Senate Republican minority on We should not vote to cut off the 2008—consistent with the expectations having our resolutions and amend- funding of this war. And that is the of the bipartisan Iraq Study Group ments debated and voted upon, and (2) basic theme of the Gregg resolution on that the President has so assiduously debating and voting on the approval or which the majority leader will not ignored. rejection of the President’s plan to add allow us to vote. The majority leader The redeployment of troops to the 21,500 troops to the U.S. force in Iraq. will not allow this vote because he United States, Afghanistan, and else- At the outset, it must be emphasized knows it will pass the Senate over- where in the region would begin no that there is unanimity that no precep- whelmingly. This does not make sense later than May 1 of this year, toward tive action be taken by Congress to ex- to me or many of my colleagues, and I the end of the timeframe I first pro- ercise our ‘‘power of the purse’’ to cut do not think it makes sense to many posed in a speech more than 2 months off funds that would in any way endan- Americans who have actually followed ago. In a civil war where no military ger our troops. this debate closely. solution exists, this redeployment re- In response to the majority leader’s That is why I will vote again today mains our best leverage to pressure the use of the Senate rule to ‘‘fill the against moving to the misguided Iraqi Government to achieve the polit- tree,’’ which precludes any Republican House-passed resolution without the ical settlement between its warring alternative resolutions, I voted against

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00004 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4581 cloture to cut off debate on the Levin lution. The language is unequivocal in Gates demanding that he address re- amendment on February 5. The proce- expressing opposition to the Presi- ported shortfalls among two combat dure to ‘‘fill the tree’’ is contrary to dent’s surge. I am strongly opposed to brigades being deployed as part of the the basic Senate practice of allowing the ‘‘surge’’ and will therefore vote in President’s proposed surge without the Senators to offer amendments or alter- a favor of this straightforward, simple most up-to-date armored vehicles, ve- native resolutions, unlike the House of resolution expressing that opposition. hicles that have been designed to with- Representatives, which customarily Surely our colleagues on the other stand explosions and provide signifi- precludes such latitude. side of the aisle can vote on a simple cantly better protection for our troops. On February 14, I introduced an resolution stating whether they sup- Just this week, media accounts of a amendment to rule XXII to stop the port the President’s surge. classified Defense Department inspec- ‘‘filling of the tree,’’ citing vociferous This is a vote on whether you support tor general’s report cited significant objections by Senators REID, DURBIN the President’s Iraq war policy, with- problems in outfitting our forces with and DODD to similar Republican action out caveat or qualifier. And if this a variety of vehicle armor to protect in the 109th Congress when Republicans Chamber is ever allowed to get to a troops from IEDS. held a majority. vote on this measure, a majority of How much more of this can we allow Although it is very important for the this body will vote aye and therefore be to stand? How many more of these re- minority to exercise its rights to stop publicly on record against the Presi- ports should we tolerate until we say abusive majority practices, it is my dent’s proposed policy to put even enough is enough? judgment that this must yield to the more of our soldiers in harm’s way in The only way to reverse course in dominant principle of debating and Iraq’s civil war. Iraq is to demonstrate to the President voting on the future of U.S. policy in If Congress had wanted to express its that it’s no longer business as usual— Iraq. Let’s move on. We Republicans opinion on this important issue, this that this Congress will not continue to can exercise our rights of retaliation in vote should have been among the first support funding for the President’s the immediate future on other major- steps taken back in January, imme- failed strategy, which is needlessly ity action to reign in such majority diately after the President announced harming our troops and weakening our abuse. his intention to escalate our military national security. In my view, it is most important that involvement in Iraq. It is essential that we find a better the Senate speak out on Iraq. If we Nearly 5 weeks have passed since use for the funds being allocated for continue to debate whether there that announcement. In those 5 weeks the President’s surge. We need to redi- should be a debate while the House of we have heard from experts across the rect U.S. funds to immediately begin to Representatives acts, the Senate will political spectrum explain why the redeploy combat forces within and out become irrelevant. To paraphrase the surge won’t work and explain that of Iraq, to focus on counterterrorism Roman adage: ‘‘The Senate should not there is no military solution to the and training of Iraqis, to put pressure fiddle while Iraq Burns.’’ conflict in Iraq. on all of Iraq’s leaders—not just the The American people have a right to Yesterday, the House of Representa- Maliki government—to seek and reach know the Senate’s judgment on this tives sent a message to the President necessary and painful political com- most important issue of the day, and and to the American people with their promises, and to ensure the security our constituents have a right to know vote on this resolution opposing the and political rights of all Iraqis. and evaluate the judgment of each Sen- surge. And yet the President has We must also acknowledge how bro- ator. unwaveringly declared that he will ken our own military is as a result of Accordingly, I am voting for cloture stay the course. It’s full speed ahead in the Iraq war and redirect a portion of to end the debate so we can move the words of Vice-President CHENEY. the funds proposed for Iraq to restore ahead. We all know that and up-or-down our own military’s readiness. Mr. DODD. Madam President, this vote on this resolution is not enough. It is time that this Congress moves past week the President of the United Yes, I oppose the President’s proposed beyond debating non-binding resolu- States warned of the ‘‘disastrous con- surge. But I oppose much more than tions about the surge. It is time for the sequences’’ and ‘‘chaos’’ which could that—I oppose the President’s overall Congress to debate how much longer occur in Iraq if we fail in that country. strategy in Iraq. and under what circumstances we are Once again the President’s statements So let’s be realistic and understand prepared to support funding for a con- demonstrate how out of touch he is on that our pronouncing ourselves on the tinued U.S. presence in Iraq. this issue. measure before us today will do noth- That is the debate the American peo- Iraq already is in a state of chaos. ing to force the President to change ple want to hear, that is the debate our The American people know it and the course in Iraq. courageous and dedicated troops de- Iraqi people know it, most painfully. It will do nothing to get our troops serve. Unfortunately, we already are dealing out of harms way. Mr. HARKIN. Madam President, yes- with the ‘‘disastrous consequences’’ of It will do nothing to improve the terday, an overwhelming, bipartisan 4 years of this administration’s failed lives of Iraqi civilians. majority in the other body—reflecting policy in Iraq. American combat brigades are being the clear will of the American people— This chaos became inevitable the day asked to carry out a mission that is voted to oppose President Bush’s deci- the President invaded Iraq without a unachievable; namely, to bring an end sion to escalate the U.S. troop presence viable plan for winning the peace. And to Iraq’s civil war through military in Iraq. That vote was preceded by 4 this chaos has been further com- force. full days of debate on the resolution. pounded by 4 years of consistent failure Only a political solution can salvage But here in the Senate, the Republican by this administration. Iraq. minority refuses to allow us even to The President’s plan to surge forces Regrettably, we are in the fourth bring a resolution to the floor for de- into Iraq is no different from previous year of this conflict, and for some rea- bate. surges, including Operation Together son, this administration is still failing My office has been flooded with Forward, which only resulted in more our troops. The President’s proposed phone calls and e-mails from Iowans. violence. Despite all of our military surge tactic will send thousands of The overwhelming majority of them strength, the United States cannot American G.I.s into a battle with inad- are upset with the President’s esca- through force alone instill Iraqis with equate protection and training and on lation plan. But they are also upset democratic values or end the sectarian a mission which they will be unable to that the Senate is being obstructed. civil war in that country. achieve. They simply cannot believe that Re- We have before us this afternoon a Last month, Senator KENNEDY and I publican Senators are blocking debate very direct, succinct nonbinding reso- sent a letter to Defense Secretary on the No. 1 issue before our Nation,

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00005 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4582 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 the No. 1 concern on the minds of the icy—and it will drag us deeper into the Yet despite all of these acts of mis- American people. Iraqi quagmire. management and misfeasance—directly In a nutshell, callers are saying that The President has previously ordered jeopardizing the lives and welfare of Republican Senators have a right to three troop surges in Iraq, in 2004, 2005, our soldiers and Marines—the Presi- support President Bush’s war in Iraq. and 2006. Just last June, he unveiled dent’s supporters have the gall to say Republican Senators have a right to ‘‘Operation Forward Together’’ to that anyone who opposes this latest es- embrace his escalation of that war. But surge troops in Baghdad and secure the calation somehow ‘‘doesn’t support the they do not have a right to block le- capital city. This operation was sup- troops.’’ gitimate debate in the Senate on posed to be led primarily by Iraqis, This would be laughable if it weren’t whether that escalation is wise or ap- with U.S. troops in support. But the so tragic and deadly. The Senate has a propriate. They do not have a right to Iraqi forces never showed up. duty to debate the proposed troop esca- silence the voices of tens of millions of Again and again, we have set goals lation. We have a duty to speak up Americans—an overwhelming major- for the Iraqi leaders. But there have when we believe the President’s policy ity—who have had enough of the quag- been no deadlines, no accountability, is wrong, and is likely to waste lives. mire in Iraq. no consequences. And, predictably, we We also have a duty to speak up for the People in Iowa—and, I suspect, across have seen no positive results. The Iraqi overwhelming majority of Americans, the country—are saying that the elec- leaders have reneged on their promises who oppose this latest escalation, and tion last November was a referendum to rein in the militias. They have re- who consider the entire war to be a on President Bush’s war. Voters spoke fused to compromise. And they have tragic mistake. loudly and clearly: They want our pursued their sectarian agendas with a At this point, the single best way to troops out of the civil war in Iraq. vengeance. support the troops is to tell President The American people thought that So let’s not kid ourselves. The Presi- Bush: Four years of bungling, bad judg- their elected leaders in Washington dent’s latest Iraq plan is just a repack- ment, and bullheadedness are enough. heard this message. But they realize, aging of his old, failed Iraq plans. We have complete and total confidence now, that the Republicans simply don’t I am especially concerned about the in our troops. But we have no con- care about the results of the election. impact of this escalation on our troops fidence in your leadership. They are determined to escalate the and their families, and on the U.S. During debate in the other body this war. They are determined to prevent military overall. Army brigades are week, Republicans repeatedly charged consideration of any resolution ex- supposed to be in combat for 1 year, that criticism of the President’s esca- pressing disapproval of that escalation. and then have 2 years back home to re- lation serves to ‘‘embolden the As a coequal branch of Government, train and reequip. But they have only enemy.’’ And what exactly are these Congress has a duty to debate this es- been allowed an average of 1 year to re- people saying? That Senators are sup- calation. Out of respect for all our sol- group. And some brigades are now on posed to stand silent like potted plants diers and Marines in Iraq—to keep their third deployment in Iraq. as this administration sinks us even faith with them—we as Senators have a One reason why the Joint Chiefs op- deeper into the Iraqi quagmire? duty to ask: Does their Commander-in- posed this latest escalation is because Our enemies have indeed been Chief have a credible plan in Iraq that of the deep strain on our combat emboldened. They were emboldened is worthy of their sacrifice? Is the forces. In December, the Army chief of when this administration allowed Bin President’s plan to escalate in Iraq in staff bluntly warned Congress that the Laden to escape capture at Tora Bora. the best interest of the United States? current pace of combat deployment They were emboldened when this ad- Will the additional troops be sent into threatens to quote-unquote ‘‘break’’ ministration took its eye off the ter- combat with proper equipment? the Army. Meanwhile, we lack re- rorists in Afghanistan, and diverted Unfortunately, the answer to those sources to meet any other contingency, our military and intelligence assets to questions—after nearly 4 years of in- such as a challenge from Iran or a a reckless invasion of Iraq. They were competence, bungling, and disastrously flare-up on the Korean Peninsula. emboldened when President Bush bad judgment by this administration— Some supporters of the President’s taunted the insurgents in Iraq to is a resounding ‘‘no.’’ escalation claim that by debating the ‘‘bring it on,’’ and they successfully did Frankly, the President’s plan to es- President’s conduct of the war in Iraq just that. They were emboldened when calate is not just deeply disappointing, and the merits of his escalation plan, the President pledged to get Bin Laden it is deeply disturbing. I am disturbed we are somehow not supporting the ‘‘dead or alive,’’ and failed to do so. because Mr. Bush refuses to learn, and troops. They were emboldened when the great- he refuses to listen. The Joint Chiefs of I strongly disagree. I have complete est army in the world was allowed to Staff unanimously opposed this esca- confidence in our men and women in get bogged down in a civil war in Iraq lation, as did our generals on the uniform in Iraq. They have brilliantly and on January 10, when another 21,500 ground in Iraq. The Iraq Study Group completed the tasks they were sent to troops were ordered to deploy to warned that there cannot be a military Iraq to accomplish, and they did so de- Ground Zero in that civil war. solution to the sectarian chaos in Iraq, spite a series of disastrous decisions by Let’s be clear: Our enemies have been and said we should begin to bring our their civilian leaders in Washington. emboldened by Mr. Bush’s repeated, troops home. Iraqi Prime Minister Nuri But as a veteran myself, I am angry catastrophic mistakes, not by anyone’s al-Maliki is on record as opposing an at the way these brave men and women criticism of those mistakes. increase in American troops. Most im- have been misused and mistreated. The only true way forward in Iraq is portantly, the American people said The President rushed them into com- to set a timetable for redeployment of loudly and clearly on November 7 that bat without proper equipment, and in U.S. forces. Only this will give the they want our soldiers out of the civil insufficient numbers. He has insisted Iraqi leaders the incentive to resolve war in Iraq. on ‘‘staying the course’’ with a failed their differences and take responsi- But Mr. Bush refuses to listen to rea- policy for nearly 4 miserable years. He bility for their own future. son. Instead, he seems to listen only to has sent many troops back to Iraq for As GEN George Casey, our com- his gut—the same gut that got us into a third and even fourth rotation, with mander in Iraq, told the Senate Armed this misguided, misbegotten war in the insufficient time to retrain and re- Services Committee: ‘‘Increased coali- first place. group. Now he insists on sending an- tion presence feeds the notion of occu- The President asserts that this latest other 21,500 troops into the middle of a pation, contributes to the dependency escalation in Iraq is ‘‘a new way for- sectarian civil war in Baghdad and of Iraqi security forces on the coali- ward.’’ But what he has proposed is not elsewhere without properly armored tion, [and] extends the amount of time new, and it is not a way forward. It is Humvees and other essential equip- that it will take for Iraqi security the same old ‘‘stay the course’’ pol- ment. forces to become self-reliant.’’

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00006 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4583 Mr. Bush has it exactly backward. He for staying and requirements for the are going to go door to door, hopefully has said that as the Iraqis stand up, we Iraqi Government and the Iraqi Prime with some support from the Iraqi will stand down. The truth is that the Minister to meet in connection with troops, hopefully with some support Iraqis will only stand up when it is that. But this resolution, while it may from Prime Minister Maliki, hopefully clear that the U.S. troops are leaving. be more simplistic, still expresses sup- with some support from the Iraqi Gov- By redeploying our troops to stra- port for the troops, a very strong state- ernment. tegic locations elsewhere in the Middle ment of support for the troops and In any event, the surge which the East, we will be able to refocus our ef- what they do, funding for the troops, President said is going forward will put forts to destroy the terrorists who at- and continuing to support their needs. our troops in that condition and that tacked us on September 11, 2001, and It also states an opposition to the situation. I, for one, do not believe that who continue to threaten us. Redeploy- surge plan. is an appropriate use of our troops. I ment would free up U.S. forces to com- The Warner-Nelson-Collins resolu- believe today is the opportunity for the bat the resurgence of the Taliban in Af- tion, which I prefer, makes it very Senate to be able to say no, by saying ghanistan. Other troops would be avail- clear that the opposition to the surge yes to moving forward on this resolu- able to help respond to terrorist plan is sending our troops into Bagh- tion. threats not just in Iraq, but also in So- dad to put them in harm’s way between I yield the floor. malia, Sudan, Yemen, and elsewhere. the Sunnis and the Shias and the sec- The ACTING PRESIDENT pro tem- The proposed troop escalation in Iraq tarian violence that has been described pore. The Senator from Illinois. is not a way forward; it is a way deeper as being far worse than a civil war. We Mr. DURBIN. Madam President, I into a tragic quagmire. This is not in do not believe that is the appropriate make a unanimous-consent request our national interest. It is not in the plan. We have asked in that resolution that on the Democratic side, after Sen- interest of the long-suffering Iraqi peo- that the President reconsider, consider ator LEVIN speaks, the next Senator to ple. And it is certainly not in the inter- all alternatives and other plans that speak will be Senator FEINSTEIN. The ACTING PRESIDENT pro tem- est of our troops, who will be in the might not put our troops into harm’s pore. Without objection, it is so or- crossfire of a vicious civil war. way in the middle of a civil disobe- The conflict in Iraq cannot be solved dered. dience and a civil conflagration, as we Mr. GREGG. Madam President, I re- militarily. It can only be solved have seen it. I thank Senators WARNER serve the right to object. I ask unani- through political compromise and rec- and COLLINS for their support and the mous consent after Senator GRAHAM onciliation in Baghdad, and through cosponsors of this other resolution that speaks on our side that I be recognized aggressive diplomatic engagement with I have referred to. in the proper order. Iraq’s neighbors and across the Middle Today, it is pretty clear there has The ACTING PRESIDENT pro tem- East. been much debate about the debate. My pore. Without objection, it is so or- It’s time for a truly new course in friend from Kentucky indicated he is dered. Iraq. And, to that end, I urge my col- frustrated. We are all frustrated. We The Senator from South Carolina. leagues to vote for cloture, and to are frustrated because it is time to end Mr. GRAHAM. Madam President, I allow the Senate to debate this impor- the charade and move forward to the believe I am recognized for 10 minutes, tant resolution. consideration of the resolution so the is that correct? Madam President, I yield the floor. Senate can be on record with Senators The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- voting for or against the surge plan. pore. The Senator is correct. pore. The Republican leader. The American people can see what is Mr. GRAHAM. Madam President, Mr. MCCONNELL. Madam President, happening. They know some want to this is billed as an unusual Saturday I ask unanimous consent that the time prevent a vote at all costs. There have session where the Senate is working on in opposition be allocated as follows: been Members complaining about the Saturday. I argue we are not working, Senator HUTCHISON, 5 minutes; Senator vote cast a little over a week ago, cast we are having a political, theatrical de- LINDSEY GRAHAM, 10 minutes; Senator against moving forward. Then they bate that does more harm than good. STEVENS, 10 minutes; Senator CRAIG, 3 said in the Senate, it is time to have a There are a lot of people working on minutes; and Senator GREGG, 5 min- vote after having voted against having Saturday; not us. We are trying to utes. a vote. jockey for political positioning among The ACTING PRESIDENT pro tem- It is time to move beyond the debate ourselves and for 2008. Yet there are pore. Without objection, it is so or- about the debate and move toward the people working in Baghdad and Iraq, dered. consideration of this resolution. It is trying to secure our future against the The Senator from Michigan is recog- time for the Senators to be on record most violent extremists on the face of nized. with the question: Are you for deploy- the Earth. Mr. LEVIN. Madam President, I ask ing thousands of troops to the cross- To my good friend Senator NELSON, if unanimous consent that the next three roads of civil war in Iraq or do you op- you think we are in the middle of a speakers in support of cloture be Sen- pose that plan? civil war, cut off funding. If you believe ator BEN NELSON, then Senator WAR- This is the second opportunity the half of what you are saying in these NER, and then myself. Senate has had to allow an up-or-down resolutions, then have the courage of The ACTING PRESIDENT pro tem- vote on a resolution on the Iraq surge. your convictions to stop this war by pore. Without objection, it is so or- Let the Senate debate and vote on this cutting off funding. But, no, no one dered. resolution. We owe it to the American wants to do that because they do not Mr. NELSON of Nebraska. Madam people. We owe it to the American peo- know how that will play out at home. President, this has been called a very ple because of the importance of this Everybody is trying to hedge their bets unusual occasion for us to come to the resolution making clear that we do not a little bit, bashing this new effort to floor on a Saturday to vote on a resolu- support, or that we do support, putting secure victory, wanting to be seen in tion or to vote on any matter, but this our troops in harm’s way in the middle history, I guess, or for the next elec- is a very special occasion today be- of a civil war or a war that is simply tion, that this was not my idea, this cause we need to vote up or down on between Shias and Sunnis, Shias and was Bush’s fault. Bush is not going to this resolution. Shias, and other civil groups within Iraq; 21,500 brave young men and I want to make it clear that while it the community. We do not have to un- women are going to Iraq behind a gen- is unusual, I believe it is, in fact, nec- derstand the 1,400 years of this battle eral who believes he can win. essary. But I want to make it clear to know it is inappropriate to put our This is a low point in my time in the also that I support and prefer the War- troops into the middle where it is im- Senate. ner-Nelson-Collins resolution, which possible to identify the enemy. We put Senator REID said a few weeks ago, sets forth benchmarks and conditions our troops into a situation where they Republicans can’t run and hide from

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00007 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4584 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 this debate. Well, I am here. I am not and get people out of the middle of the down the terrorists, insurgents, and crimi- running and hiding from any idea any civil war. nals who slaughter the innocent. Success Senator has. I am not running and hid- This is the politics of abandonment. will require discipline, fortitude, and initia- tive—qualities that you have in abundance. ing from Senator WARNER’s resolution. This is abandoning the role the Senate I look forward to voting against it and has played for generations, to make Do we have those qualities in Con- talking about how ill-conceived it is. our country stronger, not weaker. This gress? All I am asking for is a chance for the is abandoning colleagues with contrary I appreciate your sacrifices and those of Senate to play its role in our democ- ideas who are going to be cut off. Un- your families. Now, more than ever, your commitment to service and your skill can racy and not become the House. All I fortunately, these nonbinding resolu- am asking of my fellow colleagues who make the difference between victory and de- tions abandon those who are going to feat in a very tough mission. are certain they are right and want to the fight voluntarily. It is an honor to soldier again with the send a message to our President is they This is a very sad Saturday for the members of the Multi-National Force—Iraq. give the courtesy to the others, such as Senate, on the heels of a disaster in the I know that wherever you serve in this un- myself, who believe they are dead House where a majority, a bare major- dertaking you will give your all. In turn, I wrong. And let’s have a vote that re- ity of the House, wants to send a polit- pledge my commitment to our mission and flects where the Senate is and not be- ical message at a time of war that does every effort to achieve success as we help the Iraqis chart a course to a brighter future. come the House. not keep one person from being shot at. What is the Senate? In the Senate Godspeed to each of you and to our Iraqi I don’t know where this thing is comrades in this crucial endeavor. you have to get 60 votes to move an going to go. I don’t know how it is idea forward. Do you want to abandon I end with this thought: If Members going to end, but I can promise this: As believe this is a lost cause and victory that because of the political moment? I long as I am in the Senate, I am going don’t. Do you want to abandon your cannot be achieved, that our people are to take this Senate and make sure the in the middle of a mess, a civil war, colleagues who have a different view of Senate acts like the Senate. I came to what we should do? I don’t. I have been and not one person should get injured the Senate for a reason. I want to be there on an emotional issue called im- or killed because we have made huge part of great debates. The way this migration. There was an effort to shut mistakes that cannot be turned process will be structured is Members down debate. I, along with Senator around, then cut off funding. Have a will get cut out. JUDD GREGG will get JOHN MCCAIN and several other Sen- vote on something that matters. This cut out because of the politics of the ators who were very much for a com- political theater empowers our enemy, moment. The 60-vote rule will have prehensive immigration reform, told disheartens our own troops, is not wor- meaning in this debate as long as I am critics within our caucus, we will not thy of the Senate time, and it has here. I hope my colleagues will under- leave you behind. never been done in history for a reason. I am extremely disappointed in our stand whatever differences we have, no I yield the floor. colleagues who want to shut off debate, matter how sincere they are, please The ACTING PRESIDENT pro tem- not understanding whether people such don’t throw us over. pore. The majority whip. as myself and Senator GREGG will be At this moment in time, I will read Mr. DURBIN. I ask unanimous con- left behind. I am not afraid of your another resolution of sorts. This is sent that after Senator FEINSTEIN ideas. I respect the differences we have. from General Petraeus. He is address- speaks in support of the motion for clo- I am extremely disappointed you will ing the coalition forces: ture, the next person in support of that throw us over. That is not what the To the Soldiers, Sailors, Airmen, Marines, motion be Senator SCHUMER of New Senate is about. The Senate is about a and Civilians of Multi-National Force—Iraq: York for 5 minutes. debate on a full range of ideas that We serve in Iraq at a critical time. The war The ACTING PRESIDENT pro tem- here will soon enter its fifth year. A decisive pore. Without objection, it is so or- shows a difference from the House. moment approaches. Shoulder-to-shoulder Here is the crux of the matter: The dered. with our Iraqi comrades, we will conduct a The Senator from Virginia. reason we are here on a Saturday play- pivotal campaign to improve security for the ing stupid political games while people Mr. WARNER. Madam President, I Iraqi people. The stakes could not be higher. have been privileged to be a Member of are over in Iraq trying to win this war Our task is crucial. Security is essential is because our colleagues on the other for Iraq to build its future. Only with secu- the Senate now in my 29th year. Never side of the aisle are afraid to take a rity can the Iraqi government come to grips have I stood in the Senate and in any vote on cutting off funding. I believe with the tough issues it confronts and de- way impugned the integrity of any what happened in the House in a non- velop the capacity to serve its citizens. The Senator to speak as she or he believes binding fashion is the worst possible hopes of the Iraqi people and the coalition from their own heart about what is countries are with us. right. I have never tried to challenge situation for this Congress, but it is a The enemies of Iraq will shrink at no act, precursor to a movement toward bleed- the patriotism of any Senator as they however barbaric. They will do all they can express their views. ing this war dry in terms of funds and to shake the confidence of the people and to cutting off funding. If I am wrong, then convince the world that this effort is I say to my colleagues, I entered this let’s have a vote on cutting off funding. doomed. We must not underestimate them. debate simply because I feel the Senate The reason we are not going to have Together with our Iraqi partners, we must of the United States of America, an in- a vote on the Judd Gregg resolution, defeat those who oppose the new Iraq. We stitute revered throughout the world, which is a legitimate position, is be- cannot allow mass murderers to hold the ini- should have the right to go forward and cause 70-plus Senators will vote for it. tiative. We must strike them relentlessly. debate this critical issue before Amer- The overwhelming majority of this We and our Iraqi partners must set the terms ica today, before the whole world. of the struggle, not our enemies. And to- Senate understands that cutting off Over a week ago, I voted against clo- gether we must prevail. ture to support the rights of all col- funding at this crucial time in the war The way ahead will not be easy. There will on terror in Iraq is ill-advised, but they be difficult times in the months to come. But leagues to be heard. That issue has don’t want to be on the record. The hard is not hopeless, and we must remain been back and forth between our two reason they don’t want to be on the steadfast in our effort to help improve secu- leaders now for some weeks. We have record is because the radical left will rity for the Iraqi people. I am confident that come to the point in time when we eat Democrat 2008 hopefuls’ lunch. each of you will fight with skill and courage, must move forward. The only vehicle They will create a fight on that side of and that you will remain loyal to your com- for those who wish to have this institu- monumental proportions between the rades-in-arms and to the values our nations tion move forward and fulfill its goal is hold so dear. to move, today, to vote for cloture. I radical left and the bloggers of the left In the end, Iraqis will decide the outcome who want to get out yesterday. That is of this struggle. Our task is to help them shall cast that vote, not with a heavy why we are having a truncated debate. gain the time they need to save their coun- heart but with a heart that I think I If Members do believe we are in the try. To do that, many of us will live and am doing right for the integrity of this middle of a civil war, take the floor fight alongside them. Together, we will face institution.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00008 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4585 I have joined with my good friend and to the Commandant of the Marine said the Senate is the saucer into Senator BEN NELSON, Senator COLLINS, Corps—the accuracy of this report, which the hot coffee is poured. It is the and the other cosponsors, Senator that in the most recent battle there spot where ideas of the day get an air- HAGEL, Senator SNOWE, Senator COLE- were 2,500 Americans and 200 Iraqi se- ing to make sure they survive the light MAN, Senator VOINOVICH, and Senator curity forces. That is contrary to what of day. SMITH, all of whom, once again, signed the President said. He said the Iraqis Over time, we have developed an in- onto this amendment, referred to as will take the point in this battle. The stitutional understanding in the Sen- the Warner-Nelson-Collins amendment. President also said the Iraqis will bear ate that unless 60 percent—a majority We do so because we only wish to ex- the burden in this battle, and we would of the Senate—agrees on an issue of press a measure of disagreement on one be there in support. This is not sup- major importance, that issue does not basic point—an important one—with port. We are fighting that battle. move forward. And equally impor- our President. The United States Con- Again, this morning, I watched a re- tantly, we have developed an attitude gress is an independent branch of our port, presented by a U.S. general from in the Senate that if there is more than Government. We are, as we often say, a Iraq, who stated that progress is being one legitimate view on an issue of sig- coequal branch of our Government. We made in the battle in Iraq. Time and nificance—and this is, obviously, an have the right to respectfully disagree. time again—he referred to the Amer- issue of dramatic significance—there And we do so in our language. We sup- ican forces making progress. He re- will be different views brought to the port the President on the diplomatic ferred only to the United States forces floor in the form of amendments or res- aspects of his plan. We support the fighting that battle, with no reference olutions, and they will be debated and President on the economic aspects of to the Iraqi forces. That is my point. they will be voted on. his plan announced on the 10th of Janu- That is why I steadfastly take this So what I suggested was an amend- ary. floor and respectfully disagree with the ment which was not, I felt, all that We only disagree with one portion of President. I will vote for the Gregg controversial. In fact, I thought it was it: Madam President, do you need 21,500 amendment. As a matter of fact, the in the mainstream of American additional men and women of the Gregg amendment is in the Warner thought and certainly, hopefully, in Armed Forces in this conflict—indeed, amendment. the mainstream of the Senate posi- it is more than that, as was testified The ACTING PRESIDENT pro tem- tions. The resolution which I sug- before the Armed Services Committee pore. The Senator has used 5 minutes. gested—and I will read it again—sim- the other day—to go into the streets Mr. WARNER. Madam President, I ply states: and the alleys of Baghdad and to face yield the floor. an enemy which is largely today fight- The ACTING PRESIDENT pro tem- It is the sense of Congress that Congress ing a sectarian war? pore. The Senator from New Hamp- should not take any action that will endan- This country gave an enormous sac- shire. ger United States military forces in the rifice of life and limb to give Iraq its field, including the elimination or reduction Mr. GREGG. Madam President, I be- of funds for troops in the field, as such ac- sovereignty. It is the duty of the Iraqi lieve I am to be recognized for 5 min- tion with respect to funding would under- Armed Forces to take on the sectarian utes, but I have an additional 5 min- mine their safety or harm their effectiveness fighting. The American GI does not utes which Senator STEVENS has yield- in pursuing their assigned missions. know the language, does not know the ed to me. This should not be controversial. historic background of over 1,400 years The ACTING PRESIDENT pro tem- This should be a statement which we as of dispute between the Sunni and Shia. pore. Without objection, it is so or- a Congress are willing to make, that And we have trained over 300,000 Iraqi dered. when we send a soldier onto the streets forces. Why not give those forces the Mr. GREGG. Thank you, Madam of Baghdad or anywhere else where responsibility to take on this fight? President. Our resolution in no way has any- Madam President, first, my respect that soldier may incur or be in the way thing to do with the cutoff of funds. for the Senator from Virginia is im- of harm, that soldier will have the sup- Senators stand up and castigate our mense. I have always admired what he port of the American people and the resolution and claim it will cutoff does, and I wish we were voting on his Congress—with the financing, with the funding. It will not cutoff funding to resolution. I think it should be up for equipment, with the logistics they need our troops. It supports the President. It debate and up for a vote. He is a sig- to do their job well. And it should be a supports the present level of all the nificant force in this institution for definitive, uncontroversial, un- troops throughout Iraq. It simply says: many things which are right. I may controverted statement. Mr. President, are there not alter- have some disagreements with him Yet in offering this resolution, the natives other than using the American over time, but I certainly have never Democratic leadership has said they GI to put down this sectarian violence? questioned anything. I hope no one will not entertain it. They will not Madam President, I do hope, as we would. No one should question anybody allow us to vote on it. In fact, they pursue this, we respect one another and on anything around here on what our have taken this whole process to a our rights in this institution because I purposes are. Our purposes are the whole new level of trying to manage feel ever so strongly that our resolu- same: to make our country a better the activities of the floor of the Senate tion supports the President economi- and safer place and to make sure we as- in a way that the Senate has never cally, supports the President dip- sure a good future for our children. been managed in its historical past or lomatically, states that the President Let me set the table as to where we should be managed in the context of is correct, and clearly states that we are in this debate, however, because what the purposes of the Senate are. cannot let this battle be lost and let one of the essences of this institution The Democratic leader has essen- the Iraqi Government collapse. We do has always been it has been a forum tially said we will vote on his amend- not wish to see the people of Iraq de- where if you have a different idea or a ment—his amendment—and his amend- nied the sovereignty that our blood, different thought on an issue of sub- ment alone. And, by the way, his sweat, and toil have given them. We stance, you usually get to air it, and amendment has changed three times stand by the President on that. We you most often get to vote on it. That, now. There have been major, sub- simply say: Mr. President, this par- of course, is what our Founding Fa- stantive changes to his amendment ticular battle in Baghdad is best fought thers structured this institution for. three times. And each time he has said by the Iraqis. I regret to say that a Ironically, it was George Wash- or the leadership on the Democratic New York Times article—and I asked ington—not ironically but appro- side of the aisle has said: That is the this in open testimony before the priately—it was George Washington amendment we are going to vote on, Armed Services Committee a day or so who immediately ascertained the sig- that is the one that is locked in stone. ago to the Chief of Staff of the Army nificance of the Senate’s role when he It shall not be changed. You shall vote

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00009 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4586 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 on it as a Senate. You shall not be al- ate to effectively debate and vote on The ACTING PRESIDENT pro tem- lowed to amend it. You shall not be al- proposals which would address the var- pore. The Senator has used 10 minutes. lowed to put up resolutions that in any ious issues raised by the situation in Mr. GREGG. I ask unanimous con- other way address the issue. Iraq. sent for an additional minute. Well, the first proposal they came So we on our side are saying we shall The ACTING PRESIDENT pro tem- out with was not good enough to get assert our rights. There are, after all, pore. Is there objection? enough votes to get to 40 probably, so at least 40 Members of the Republican Mr. LEVIN. Madam President, would they changed it. Then they said: This Party—and I suspect quite a few this come out of the opposition’s time? amendment shall be the amendment more—who believe that we, as Mem- Mr. GREGG. Yes. you will vote on. This amendment shall bers of the Republican party, as Mem- Mr. CRAIG. We have several on our not be changed. This amendment shall bers of the minority, have a right to side. I yield 1 more minute to the Sen- not be amended on the floor of the Sen- offer an amendment of our choosing, ator from New Hampshire. ate. There shall not be an amendment and that it should be voted on, espe- The ACTING PRESIDENT pro tem- that I have proposed or that the Repub- cially since we are debating nonbinding pore. The Senator may resume. lican membership wants to propose to amendments. Mr. GREGG. The House language is go up and be debated and voted on also. Equally important, I think it is prob- totally inconsistent on the issue of Then that amendment, it turned out, ably appropriate to analyze: Why whether it supports the troops. It says was not good enough. That happened to would the Democratic leadership not on the one hand that it does, and it be the Warner amendment. want to vote on the resolution I just says on the other hand that it doesn’t Then the House passed an amend- outlined? Why would they not want to support their mission. You can’t do ment, and they decided to take the do something such as that? Why would both of those things together. House amendment and say: Now this they not want a vote on a resolution I will submit for the RECORD an edi- amendment shall be the amendment which states unequivocally that when torial from the Wall Street Journal which is frozen in stone and which can- we send our soldiers—our men and which reflects that fact. I appreciate not be contravened, cannot be amend- women—into harm’s way, we are going the courtesy from the Senator from ed, and it shall not have any other to give them the support they need to Idaho in granting me another minute. do the mission they are assigned to do amendment offered by the minority, by It truly is San Francisco sophistry, the and to remain safe? the Republican side of the aisle that language in the House resolution. In I suspect it is because that amend- the Republican side of the aisle wishes my opinion, it cannot be claimed to be ment which I have propounded, that consistent. The only consistent state- to propose. proposal, that resolution would actu- There was one caveat to that, the ment of support for the troops is the ally get significantly more than a Senate Democratic leader said: I will language of my amendment. That is supermajority in this body, signifi- why I believe it should be voted on. be willing to choose an amendment for cantly more than any other of the the Republican side of the aisle to pro- I ask unanimous consent to print the three items that have been discussed— editorial to which I referred in the pose. I, as Democratic leader, shall the McCain proposal, the Warner pro- choose the Republican amendment that RECORD. posal, or the House proposal—and that There being no objection, the mate- is brought to the floor to be debated. they would perceive that as an embar- Well, obviously that, on the face of rial was ordered to be printed in the rassment on their side, which I believe Record, as follows: it, does not pass the test of fairness or shows this is not about the substance [From the Wall Street Journal, Feb. 15, 2007] even the test of how the Senate should of the issue of how you address the war run, even under a confined system as in Iraq, this is about the politics of AWAITING THE DISHONOR ROLL this is. The actual way we should pro- how the amendment brought to the Congress has rarely been distinguished by ceed in this manner, in this situation, floor is perceived in the New York its moral courage. But even grading on a curve, we can only describe this week’s is that there should be at least four Times, the Washington Post, and the amendments on the floor because there House debate on a vote of no-confidence in other panoply of national press groups the mission in Iraq as one of the most are four major ideas floating around that are basically trying to claim a here. shameful moments in the institution’s his- victory over not our efforts in Iraq but tory. There is the idea that came over over the President. On present course, the Members will vote from the House. There is Senator WAR- The fact that they would not allow us on Friday to approve a resolution that does NER’s proposal. There is Senator to bring forward an amendment which nothing to remove American troops from MCCAIN’s proposal. Then there is my they know will receive a supermajority harm’s way in Iraq but that will do substan- proposal. Every one of these is sub- and more votes than their amend- tial damage to their morale and that of their stantive, thoughtful, I believe. Maybe I ment—and which is so forthright in its Iraqi allies while emboldening the enemy. The only real question is how many Repub- am assuming too much for mine. But statement of what it does, and which is for everybody else’s, there are sub- licans will also participate in this disgrace so appropriate to the issue of what we in the mistaken belief that their votes will stantive, thoughtful ideas that should are doing in Iraq, which is that we put some distance between themselves and be debated on the floor of the Senate, should be supporting our troops who the war most of them voted to authorize in and they should each be allowed a vote. have been sent into harm’s way—is a 2002. But the Democratic leadership has reflection of the politicalness of this The motion at issue is plainly dishonest, in said no, there shall be no vote on any- process, not the substance of the proc- that exquisitely Congressional way of trying thing other than their new proposal— ess. It is regrettable. to have it both ways. The resolution pur- which is now the House proposal, their We will continue to insist that this ports to ‘‘support’’ the troops even as it dis- third machination of what they are approves of their mission. It praises their amendment, which is reasonable, be ‘‘bravery,’’ while opposing the additional going to do—and another proposal voted on. We should not allow the frus- forces that both President Bush and General which they will choose from the Repub- tration—and I recognize there is a tre- David Petreaus, the new commanding gen- lican side of the aisle. mendous amount of frustration about eral in Iraq, say are vital to accomplishing Well, that clearly fails on all levels. the war in Iraq. I have a lot of frustra- that mission. And it claims to want to ‘‘pro- Substantively it fails the rules of the tion about the war in Iraq. Everybody tect’’ the troops even as its practical impact Senate as they have traditionally been does around here. You could not but will be to encourage Iraqi insurgents to be- used. And as a matter of fairness, it have that about what is happening lieve that every roadside bomb brings them fails the issue of being fair to people closer to their goal. there. But we should not allow that As for how ‘‘the troops’’ themselves feel, who have a legitimate viewpoint. More frustration to be taken out on our we refer readers to Richard Engel’s recent importantly, it fails the American peo- troops in the field. There will be end- story on NBC News quoting Specialist Tyler ple and the troops who are in the field less claims that the House language Johnson in Iraq: ‘‘People are dying here. You because it does not allow us as a Sen- that has come over to us—— know what I’m saying . . . You may [say] ‘oh

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00010 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4587 we support the troops.’ So you’re not sup- The ACTING PRESIDENT pro tem- hood. That takes political will. That porting what they do. What they’s (sic) here pore. The Senator from Michigan. takes pressure from us. Sending more to sweat for, what we bleed for and we die Mr. LEVIN. Madam President, we U.S. troops takes the pressure off. It for.’’ Added another soldier: ‘‘If they don’t have been bogged down in Iraq for think we’re doing a good job, everything sends the false message that we can we’ve done here is all in vain.’’ In other nearly 4 years, which is longer than the save the Iraqis from themselves. Send- words, the troops themselves realize that the Korean conflict or our involvement in ing more troops does what our first part of the resolution is empty pos- World War II. The war has cost more CENTCOM commander, John Abizaid, turing, while the second is deeply immoral. than 3,100 American lives, seven times warned about when he said: All the more so because if Congress feels so that many wounded, and about $400 bil- It’s easy for the Iraqis to rely upon us to strongly about the troops, it arguably has lion. We desperately need to change do the work. I believe that more American the power to start removing them from course. Shifting responsibility to the forces prevent the Iraqis from doing more, harm’s way by voting to cut off the funds Iraqi political leaders to reach a polit- they need to operate in Iraq. But that would from taking more responsibility for their make Congress responsible for what fol- ical settlement is the only hope of end- own future. lowed—whether those consequences are ing the violence. That is why the Iraq Does speaking out against the surge Americans killed in retreat, or ethnic Study Group urged less U.S. military undermine our troops? The Chairman cleansing in Baghdad, or the toppling of the involvement as they concluded: of the Joint Chiefs of Staff, GEN Peter elected Maliki government by radical Shiite An open-ended commitment of American Pace, firmly answered that argument or military forces. The one result Congress forces would not provide the Iraqi govern- just last week when he said the fol- fears above all is being accountable. ment the incentive that it needs to take the We aren’t prone to quoting the young John political actions that give Iraq the best lowing: Kerry, but this week’s vote reminds us of the chance of quelling sectarian violence. In the There’s no doubt in my mind that the dia- comment the antiwar veteran told another absence of such an incentive, the Iraqi gov- logue here in Washington strengthens our cut-and-run Congress in the early 1970s: ernment might continue to delay taking democracy—period . . . From the standpoint ‘‘How do you ask a man to be the last man those difficult actions. of our troops, I believe that they understand to die for a mistake?’’ The difference this how our legislature works and that they un- time is that Speaker Nancy Pelosi and John But instead of putting pressure on Iraqi leaders to settle their political derstand that there’s going to be this kind of Murtha expect men and women to keep debate. dying for something they say is a mistake differences as the only hope of a suc- but also don’t have the political courage to cessful outcome in Iraq, the President Just last week, Secretary Gates an- help end. would get us in deeper militarily. The swered the charge that our debate Instead, they’ll pass this ‘‘non-binding res- Iraqis didn’t ask for more U.S. troops hurts troop morale when he said these olution,’’ to be followed soon by attempts at to occupy their neighborhoods in Bagh- words: micromanagement that would make the war dad. Indeed, they suggested we move I think that our troops do understand that all but impossible to prosecute—and once everybody involved in this debate is looking again without taking responsibility. Mr. out of Baghdad. The idea for this so- to do the right thing for our country and for Murtha is already broadcasting his strategy, called surge of American troops in our troops, and that everybody is looking for which the new Politico Web site described Baghdad was ours. It may be called a the best way to avoid an outcome that leaves yesterday as ‘‘a slow-bleed strategy designed surge, but I believe it is a plunge, a Iraq in chaos. And I think they’re sophisti- to gradually limit the administration’s op- plunge into a sectarian caldron, a cated enough to understand that that’s what tions.’’ plunge into the unknown and perhaps the debate’s really about. I think they un- In concert with antiwar groups, the story the unknowable. reported, Mr. Murtha’s ‘‘goal is crafted to derstand that that debate’s being carried on Supporters of the surge argue that a by patriotic people who care about them and circumvent the biggest political vulner- Senate resolution disagreeing with the ability of the antiwar movement—the accu- who care about their mission. sation that it is willing to abandon troops in President’s plan ‘‘emboldens the We owe our troops everything: equip- the field.’’ So instead of cutting off funds, enemy,’’ but that is an extraordinarily ment, training, adequate rest, support Mr. Murtha will ‘‘slow-bleed’’ the troops naive view of the enemy. What of them and their family. We also owe emboldens the sectarian fighters is the with ‘‘readiness’’ restrictions or limits on them our honest assessment. National Guard forces that will make them inability of the Iraqi leaders to make The ACTING PRESIDENT pro tem- all but impossible to deploy. These will be political compromises so essential to pore. The Senator has used 5 minutes. attached to appropriations bills that will finally reining in the Sunni insurgents also purport to ‘‘support the troops.’’ and the Shia militias. The enemy cares Mr. LEVIN. I wonder if I could be ‘‘There’s a D-Day coming in here, and it’s yielded 30 additional seconds. going to start with the supplemental and fin- little what Congress says. It is embold- ened by what the Iraqi leaders don’t do. The ACTING PRESIDENT pro tem- ish with the ’08 [defense] budget,’’ Congress- pore. Without objection, it is so or- man Neil Abercrombie (D., Hawaii) told the The enemy isn’t emboldened by con- Web site. He must mean D-Day as in Dun- gressional debate. It is emboldened by dered. kirk. the open-ended occupation of a Muslim Mr. LEVIN. The majority of the All of this is something that House Repub- country by western troops. The enemy American people believe that a deeper licans should keep in mind as they consider is emboldened by the current course military involvement in Iraq won’t whether to follow this retreat. The GOP which has seen a million Iraqis leave make success more likely. I believe a leadership has been stalwart, even eloquent, majority of Senators feel the same this week in opposing the resolution. But the country and become refugees, with some Republicans figure they can use this thousands more leaving daily. The way. I hope the majority will be al- vote to distance themselves from Mr. Bush enemy is emboldened by years of blun- lowed to so vote. If we believe plunging and the war while not doing any real harm. ders and bravado, false assumptions, into Baghdad neighborhoods with more They should understand that the Democratic wishful thinking, and ignorance of the American troops will not increase willingness to follow the Murtha ‘‘slow- history of the land being occupied. The chances of success, we are dutybound bleed’’ strategy will depend in part on how enemy is emboldened by an adminis- to say so, and a minority of Senators many Republicans follow them in this vote. tration which says it is changing should not thwart that expression. We The Democrats are themselves divided on owe that to the troops. We owe that to how to proceed, and they want a big GOP course, which acknowledges that a po- vote to give them political cover. However litical settlement by Iraqi leaders is es- their families, and we owe that to the ‘‘non-binding,’’ this is a vote that Repub- sential to ending the violence but then American people. lican partisans will long remember. plunges us more deeply militarily into I yield the floor. History is likely to remember the roll as a sectarian witch’s brew. The ACTING PRESIDENT pro tem- well. A newly confirmed commander is about The only hope of ending the violence pore. The Senator from Idaho. to lead 20,000 American soldiers on a dan- and succeeding against the enemies of Mr. CRAIG. Madam President, under gerous and difficult mission to secure Bagh- dad, risking their lives for their country. an Iraqi nation is if the leaders of that a unanimous consent request, I have And the message their elected Representa- nation work out their political dif- asked for 5 minutes. I will use one of tives will send them off to battle with is a ferences and unite against forces that those and yield the remaining 4 to the vote declaring their inevitable defeat. would destroy any chance of nation- Senator from Texas, Mrs. HUTCHISON.

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Madam President, We have had to adjust; there is no approach and we will do everything within the first reason to vote no on this mo- doubt about it. I don’t think anybody our power to ensure that our troops are not tion to proceed is that we have no abil- is saying that we believe we are in a used as political pawns by a Congress that ity to amend or an alternative that good situation in Iraq. But the idea lacks the will to win. would be allowed by the majority to re- that we would pass a nonbinding reso- I ask unanimous consent that be flect a different point of view. When I lution which undercuts our troops who printed in the RECORD. hear people on the other side say don’t are valiantly performing the mission is There being no objection, the mate- let the minority thwart the efforts of something I cannot remember that we rial was ordered to be printed in the the majority, what the majority is say- have ever done. RECORD, as follows: ing is we only want one resolution, our I will quote from the Senate Armed LEGION: CONGRESS SENT WRONG MESSAGE resolution. Whatever happened to Services hearing when Senator LIEBER- TODAY amendments? Whatever happened to MAN asked General Petraeus if such a WASHINGTON, Feb. 16/PRNewswire- the ability to have alternative resolu- resolution, a nonbinding resolution USNewswire/—The leader of the nation’s tions? condemning the strategy, would give largest wartime veterans’ organization pro- This is the tenth time in this very the enemy encouragement, some clear vided the following statement in response to short period that this Congress has expression that the American people the House vote disapproving the President’s been in session that cloture has been decision to deploy more than 20,000 addi- were divided. General Petraeus an- tional combat troops to the Iraqi theater. used to stifle minority rights. It is un- swered: ‘‘That is correct, sir.’’ ‘‘Congress may consider its vote today on precedented in this body. I hope we will Yes, the American people are divided. H. Con. Res. 63 to be nonbinding, but vet- go to a time when the Senate will be It is a very different matter for the erans of previous wars and those in the field able to work together in a bipartisan Senate to pass a resolution with no al- of combat right now consider Congress’s ac- way, agree and disagree civilly, have ternative that says we support the tion to be a betrayal of trust and the first the ability to exercise minority rights, troops who are there now and the ones step toward surrender to the terrorists who and then have a majority vote. We who served in the past but not those caused this war in the first place. ‘‘We must never forget the morning of don’t have to have only one procedure who will be coming after the resolution Sept. 11, 2001, when two U.S. commercial air- that allows for one view but does not is passed. It is unthinkable. craft were used to kill nearly 3,000 innocent allow for alternatives and amend- I hope we will come to our senses. I people in an unprovoked attack against our ments. That is not the way the Senate hope we will be able to talk freely, to nation’s sovereignty. We must never forget is supposed to operate. debate but not to pass a resolution that those brave Americans who downed their The second reason to vote no on this says to the world, to our enemies, as plane in Pennsylvania, saving the lives of motion is the resolution itself. The res- well as our allies, we do not have faith many in the Capitol. We must never forget olution says we support the troops who in those who would go to perform a the attack on the Pentagon, or on the USS are there now and the troops who were Cole, or our embassies, or our Marine bar- mission going forward, faith in the racks in Beirut. The list goes on and on. there in the past but not those who will military who created this plan. ‘‘Even the Clinton administration tried to come in the future. Presumably the I hope the Senate doesn’t pass this. I kill Osama bin Laden by lobbing missiles at majority is saying that we will not hope we will have an agreement that him. This war didn’t just start with the inva- support future troops because they will allow alternatives, as we have al- sion of Iraq. It’s been going on for decades. don’t support the President’s plan. But ways done since I have been in the Sen- It’s been going on in Republican and Demo- troops who are rotating in to replace ate, and many years before me. I hope crat administrations and Congresses. troops leaving would also not be sup- our leaders will be able to sit down and ‘‘It isn’t about partisan politics. It’s about ported. Since when do we select which America. It’s about all of us, and especially craft a resolution that opens the proc- those who are at this moment risking their members of the armed services we will ess so that everyone will have a voice, lives on the field of battle. support and which ones we will not in not just a few in the majority. Maybe ‘‘Americans are not the enemy here. The the middle of a mission? It is untenable it is 51. Maybe it is 52. Maybe it is 53. terrorists and all of those governments that on its face. We should never allow this But we should have 41 Senators stand- support them are the enemy. We must never flawed resolution to go forward with- ing up for an alternative resolution forget that. And, equally important, we must out any alternative and without any that would allow other people to have never forget the primary lesson learned in amendments. the ability to vote for the support of Vietnam: you cannot separate the war from The third reason we should use every the warrior. our troops, whether they are there ‘‘Congress can talk all it wants to about procedural avenue to derail this resolu- now, whether they were there in the how it supports the troops. But its actions tion is, we are undercutting the Com- past, or whether they will be there in set the table. The message they sent today mander in Chief and the troops who are the future. That is the difference be- to the frontline is that America is preparing on the mission right now. This is a rare tween this resolution the majority is to cut and run. We essentially told our fight- departure for the Senate to undercut a trying to get passed without any alter- ing men and women that ‘we have taken step mission of our military while troops native or any amendment, and what we one in the plan to cut reinforcements, to cut are in harm’s way performing the mis- would put forward, which is to say: We armaments, and to withdraw any support sion with a nonbinding resolution. The you need to complete your mission.’ will support all the troops today or to- ‘‘The Speaker characterized it succinctly purpose of doing this can only be to un- morrow, and we will win this war, for when she said, ‘‘(t)his legislation will signal dercut the Commander in Chief to the there is no substitute for victory, if our a change in direction that will end the fight- rest of the world because it will not children are going to live in freedom. ing and bring our troops home.’ stop the mission itself. I yield the floor. ‘‘What she failed to add was ‘. . . in defeat, As was said earlier today, there is (Disturbance in the Visitors’ Gal- and without completing the mission they not a Member of the Senate who leries) were trained to complete and ready to win if doesn’t believe this is a risky propo- The ACTING PRESIDENT pro tem- only America had not given up before they sition. It is. We are all worried about pore. The Senator from California is did.’ ‘‘The American Legion and the American it. I have talked to General Petraeus recognized. people find this to be totally unacceptable about it, as have many of my col- (The remarks of Mrs. FEINSTEIN per- and we will do everything within our power leagues. How, General Petraeus, do you taining to the introduction of S.J. Res. to ensure that our troops are not used as po- see this working? He is the commander 3 are located in today’s RECORD under

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Madam President, we process unfolds, just like in the days of across the country. have seen 4 years of obfuscation on Vietnam, the pressure will mount and Every Senator should be given a Iraq from the White House and from the President will find he has no strat- chance to vote whether he or she ap- previous leadership in this Senate. egy. He will have to change his strat- proves or disagrees with the Presi- Those days are over this afternoon. egy, and the vast majority of our dent’s plan to send more troops into Every Senator is going to have to step troops will be taken out of harm’s way the middle of a civil war. to the plate and say where he or she and come home. The debate I hope that we will have stands. The other side has tried to de- So, Madam President, today is the is as important as the vote. sign resolutions where they can duck, beginning of a historic period, where I predict the American people will they can avoid, and they don’t tell for the first time in a while Congress hear very few of our colleagues stand their constituencies how they feel. debates foreign policy in Iraq and Con- up and support the President’s plan to Those days are over. gress tries to do something about for- send more troops into the middle of a That is why this cloture vote is a eign policy in Iraq. civil war. Listen to those voices. crucial vote, not just for the moment To the brave men and women who are Some minimize the significance of a or the week but for the history of defending us today, whom we so sup- nonbinding resolution. If it is so mean- America because today’s vote is not on port, thank you for your service, thank ingless, why did the White House and other aspects of what is going on in you for protecting us. We will continue the President’s political supporters Iraq or Iran but simply this: Are you to live by what the Constitution has mobilize so much energy against it? for or against the escalation? Plain and asked us to do, which is to debate the Why is a minority of Senators trying simple. issues and come up with what is best to prevent the Senate from talking There should be a simple vote, not as for our soldiers, for America, and for about it? an end to this debate but as a begin- the world. Opposing the surge is only a first ning of this debate. The minority is I yield the floor. step. We need a radical change in tying itself into pretzels so there will The ACTING PRESIDENT pro tem- course in Iraq. not be a vote. They are torn between pore. The Senator from Delaware is If the President won’t act, Congress their President’s policy and the wishes recognized. must. of their constituents. But vote they Mr. BIDEN. Madam President, do I But Congress must act responsibly. must. If they avoid the vote this after- have 5 minutes? We must resist the temptation to push noon, their constituents will know ex- The ACTING PRESIDENT pro tem- for changes that sound good but actly what they are doing. pore. Yes, the Senator has 5 minutes. produce bad results. On the policy, the President’s esca- Mr. BIDEN. Madam President, today, The best next step is to revisit the lation is misguided, to put it kindly. the Senate has an opportunity—and a authorization Congress granted the There is no change in strategy. We are responsibility—to begin to end the es- President in 2002 to use force in Iraq. policing a civil war in Iraq—something calation of the war in Iraq and to start We gave the President that power to no one talked about 2 years ago, some- us toward a new strategy for leaving destroy Iraq’s weapons of mass destruc- thing no one bargained for. Our brave Iraq without leaving chaos behind. tion and, if necessary, to depose Sad- young men and women, whom we so Our responsibility is to debate and dam Hussein. support, are standing in the crossfire vote on the resolution passed by the The WMD were not there. Saddam between Shiites and Sunnis. This is not House of Representatives that says Hussein is no longer there. The 2002 au- a fight against terrorism; this is a civil that Congress disapproves of the Presi- thorization is no longer relevant to the war, and there have been, unfortu- dent’s plan to deploy more than 20,000 situation in Iraq. nately, thousands of them throughout additional American combat troops to Legislation I’m working on would re- history. American troops should not be Iraq. peal that authorization and replace it in the middle of that war. The question before us today is with a much narrower mission state- The President doesn’t change the pol- whether a miniority of Senators will ment for our troops in Iraq. icy; he simply adds more troops to con- even allow the debate to start. That is Congress should make clear what the tinue this misguided policy. That is what we are about to vote on. mission of our troops is: to responsibly why the majority of this Senate, and To my colleagues who are thinking draw down, while continuing to combat the overwhelming majority of the about trying to block debate, let me terrorists, train Iraqis and respond to American people, are so opposed to this say this: Iraq dominates our national emergencies. escalation, and we will vote on it this life. It is on the minds of tens of mil- We should make equally clear what afternoon. But make no mistake about lions of Americans. It shapes the lives their mission is not: to stay in Iraq in- it, this is just the first step. It is just of hundreds of thousands of our men definitely and get mired in a savage the first step. This is a process. Some and woman in uniform and their fami- civil war. of my friends and colleagues wish—and lies. Coupled with the Biden-Gelb plan maybe we do, too—that there could be That the Senate would not even de- that offers the possibility of a political a silver bullet, one resolution that bate, much less vote on, the single settlement in Iraq, I believe this is the could either end the escalation or even most urgent issue of our time, would be most effective way to start bringing end the war. But there is not. The way a total failure of our responsibility. our troops home without leaving a our Constitution is structured, this We have a duty to debate and vote on mess behind. Government, you need two-thirds to the President’s plan. We have a duty to But for today, my message is simple: overcome a certain Presidential veto, debate and vote on our overall strategy the American people want us to debate when we do our next resolution with in Iraq. We have to demonstrate the Iraq, the most important issue of our teeth. courage of our convictions. day. They expect it. They demand it. So our job here, which this resolution Last month, Secretary of State Rice If we try to hide behind procedure begins, is to ratchet up the pressure on presented the President’s plan for Iraq and delaying tactics, the American the President, on those who are still on to the Foreign Relations Committee. people will hold us accountable. his side in terms of this policy until Its main feature is to send more Amer- They get it. The question is: do we? they change. We will be relentless. ican troops into Baghdad, in the middle Madam President, again, today we There will be resolution after resolu- of a sectarian civil war. have the opportunity to do something

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If it doesn’t matter, why is I point out to everybody, when civil this Senate claim to support the there such an effort to keep us from wars begin in other countries, there are troops, while those same many stead- talking about it, an effort to continue only a few things that stop them: One fastly refuse to debate an ill-advised to fight us in being able to do this? side wins and there is carnage; two, an escalation—yes, an ill-advised esca- Madam President, I say to my col- occupying force stays there indefi- lation—of this war which almost no- leagues that if we fail to invoke cloture nitely; or, three, you end up in a situa- body but nobody supports. here, we are not permitted to debate tion where they have a federal state. Can one claim support for the troops this issue, and I don’t know what it The President should get about the while acquiescing in a policy that only says to the American people about business of pursuing not a military so- sinks our forces deeper into a civil what we are all about. I don’t know lution here but a political solution. He war? Can any of us look in the mirror whether anybody has noticed, but the should be calling an international con- while we stonewall the concerns of the American public is seized with this ference, getting all of the parties in a American people and engage in some issue. It is the issue. It is the issue ev- room, as we did in Dayton, convincing political fandango to prevent discus- erybody is discussing at the kitchen our allies and the region that the only sion of our engagement in Iraq? table. It is the issue every man, outcome that has any possibility of Madam President, if it will help to woman, husband, wife, mother, and fa- surviving is the federal state, as their bring our soldiers home, I will work ther with someone in the National Constitution calls for. every Saturday for the rest of this Con- Guard or in the U.S. military is talking I conclude by saying that the Amer- gress. I will stand here, right here on about. It is the issue. The Senate is ican people expect—quite frankly, I this floor, of this Senate every day, 24 being silenced on it, even being pre- think they demand—that we start to hours every day if it would mean one vented from debating whether we can intelligently debate this subject rather less family without a son or a daugh- talk about making a simple statement than doing it by way of talk shows and ter. Hear me. that: Mr. President, you are wrong; Sunday appearances on TV. We should The ACTING PRESIDENT pro tem- don’t escalate this war. be debating on this floor. pore. The Senator has used 5 minutes. The truth is, our voices, quite frank- I yield the floor. Mr. BYRD. Madam President, I ask ly, are as important as our votes. The The ACTING PRESIDENT pro tem- unanimous consent that I may proceed President will find, if we have a full- pore. The Senator from West Virginia. for 2 minutes. blown debate on the floor of the Sen- Mr. BYRD. Madam President, over Mr. STEVENS. Reserving the right ate, there are precious few people on 3,000 Americans are dead—dead, dead— to object, what happens to the time I this floor who think he is handling this and over 23,000 Americans are wounded am allocated under those cir- war correctly. Instead of escalating the as a result of the war in Iraq. Our mili- cumstances? The ACTING PRESIDENT pro tem- war, we should be drawing down our tary leaders say that our Armed Forces pore. The time for the Senator will be forces. I predict the American people are stretched almost to the breaking point. We have spent almost $400 bil- reserved. Is there objection? hear, as I said, very few of our col- Mr. BYRD. Nothing, I say to my lion, and the number continues to go leagues talking about what a good idea friend. I would not see anything happen up, up, up. But the United States Sen- this is, what the President has in mind. to the Senator’s time. ate is mired incredibly in a debate So to echo the comments made by my The ACTING PRESIDENT pro tem- about the ability even to have a debate colleague from New York, if, in fact, pore. Without objection, it is so or- about our Nation’s future course in we are precluded from even debating dered. the issue of whether we oppose the Iraq. Surely, no one in this Senate can Mr. BYRD. Madam President, this is President’s escalation of the war, sure- be so fearful of debate on a nonbinding the most important issue facing Amer- ly you are going to see more coming to resolution concerning the President’s ica, the land of the free and the home the floor. plan to send some 40,000 additional of the brave, and I stand with my col- I have been working with the Senator troops to Iraq that they fail to hear the leagues today to say enough, enough from Massachusetts and others on a voices of over 70 percent of the Amer- stalling, enough obfuscation. It is time piece of legislation that would literally ican people out there who now oppose for the people of America—yes, you rescind the President’s authority—the our involvement in this war. But ap- people out there in the mountains, the authority we gave him to go to war in parently some in the Senate are afraid valleys, and across the rivers, across the first place—and redefine the mis- of such a debate. the mountain ranges, yes, the great sion very narrowly. Some of my colleagues have indi- Rockies—you people, it is time for you Look, there is going to be a lot of dis- cated that they will vote against the to know where every Senator stands on cussion, whether we debate today or motion to proceed to debate on this this war. not, on Iraq. There is going to be a lot straightforward resolution, which ex- I will cast my vote with pride this of discussion about what to do next. It presses disagreement with the Presi- afternoon, Madam President, in favor will range from cutting off funding, to dent’s plan. While our brave fighting of proceeding to this debate, and I hope capping troops, to a number of other men and women put their lives on the that every one of my colleagues joins proposals. The truth is, we are being line in Iraq, this Senate stands para- me. presented with a false choice up to lyzed—paralyzed, paralyzed, I say. The I yield the floor and thank the Chair. now. We are either told we have to stay United States Senate—the greatest de- The PRESIDING OFFICER. The Sen- the course and escalate the war or the liberative body in the whole world—is ator from Alaska. other choice is to bring our troops probably the only place in this wonder- Mr. STEVENS. Madam President, home and hope for the best. ful land of America where this debate with great respect for my friend from The truth is that none of this will is not—is not—taking place. West Virginia, the reason we are here matter. We are going to have to bring How can some express unwavering is because the new majority refuses to everybody home if they don’t get a po- support for the troops if they quake in debate. They refuse to allow us to take litical solution in Iraq. There is only the face of a debate about their safety? up the amendments that should be con- one: a federal system. Listen to what Our troops are stretched thin. They are sidered during this debate. their Constitution says. Even the Na- weary after deployment and redeploy- We have before us now a proposal tional Intelligence Estimate, the esti- ment. Post-traumatic stress disorder drafted by the Rules Committee of the

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House, presented to the House without talk for hours and hours with my maining two will speak—Senator KEN- debate and brought to us without de- friend about how to support the troops. NEDY for 1 minute and Senator BYRD bate, and we are told we are to be lim- You don’t do it by asking them to dis- for 1 minute. ited on the number of amendments obey the President of the United Mr. BYRD. Madam President, I that will be considered to this measure. States. You don’t do it by urging the thank our distinguished friend from Il- It is an important subject to be de- Senate and the House not to support linois. And I thank my longtime friend bated, but why Saturday? This is the the President of the United States. You from Massachusetts, Mr. KENNEDY. start of the President’s Day recess that do it by trying to get together and I only rise to say that I have a bind- was announced 6 weeks ago. In order to working on a bipartisan basis to solve ing resolution to bring our troops try to embarrass the Members of this our problems. home. I hope to see the day when we side—21 of us up for reelection—the None of us like war. I said the other may vote on my resolution to bring leadership decided to have this debate day I hate war. I have been involved in American troops home—home, home. today on a nonbinding resolution, the consideration of too many wars in The ACTING PRESIDENT pro tem- which wouldn’t accomplish anything, my life, but clearly those people wear- pore. The Senator from Massachusetts. wouldn’t bring any troops home, ing our uniform in Iraq and Afghani- Mr. KENNEDY. All of us remember wouldn’t announce our support for the stan need to know we support them 100 the elections. All of us remember troops, just to see whether we come percent, and we don’t stand here and President Bush saying: I am going to back to vote. talk about how we should find ways so take my time and find a new direction. The real problem is how do we get to- they would not get their support, so we Mr. BYRD. Yes. gether in a Senate that has a majority force the President of the United Mr. KENNEDY. All of us remember of one? Do we do it on the basis that States to bring them home. he said: Do not rush me. I want to talk every time something comes from the We will bring them home with the to the generals. I want to talk to polit- House we are to be told no amendments new commander there and the new plan ical leaders. I want to talk to people all will be in order? We can’t debate this we are going to put into effect, a plan over this country and all over the question of whether we support the that requires a surge for the safety of world to find out a new policy. troops? We can’t support any other the people there, to move in the coun- Then he comes out with this policy. amendment to this resolution? We are try to carry out the plan. And what is it? It is a military policy to take the matter that came from the I support the President, and I urge to escalate in Iraq. House without debate from the Rules the Senate to do the same. Mr. BYRD. Right. Committee? It was not changed all the The ACTING PRESIDENT pro tem- Mr. KENNEDY. That is the issue be- way through the House. pore. The Senator’s time has expired. fore the U.S. Senate. Many of us do not How many Senators on that side Several Senators addressed the believe that this President is right on want to be a rubberstamp for the Chair. it. The Baker-Hamilton commission House? That is what you are starting. The ACTING PRESIDENT pro tem- did not agree with that policy. General This is the third bill to come before us pore. The Senator from West Virginia. Abizaid did not agree with that policy with the idea of no minority amend- Mr. BYRD. Madam President, how before the Armed Services Committee. ments are going to be considered unless long may I be recognized for? Two min- And the American people don’t. the leadership on that side decides they utes? We on this side are interested in pro- should be considered. The ACTING PRESIDENT pro tem- tecting American servicemen from the Again, I tell you, Madam President, pore. Time has expired. crossfire of a civil war. Some on the this is a defining moment of the Sen- Mr. BYRD. Madam President, I ask other side are more interested in pro- ate. This is a debating society. We unanimous consent to proceed for 2 tecting the President from a rebuke for should not be limited on the number of minutes. his policy of escalation in Iraq. amendments that are considered, any The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- more than we are limited on the CR. pore. Is there objection? pore. The Senator’s time has expired. When I became chairman of the Ap- Mr. MCCONNELL. Reserving the The Republican leader is recognized. propriations Committee in 2001, there right to object, we all deeply respect Mr. MCCONNELL. Madam President, were 11 bills pending that had not been Senator BYRD, but we are on a tight 5 weeks ago, President Bush stood be- passed by the former majority. We timeframe. I don’t know how many fore the American people and acknowl- brought them before the Senate in an minutes are left on that side. edged—acknowledged—the lack of omnibus bill, and every single bill was The ACTING PRESIDENT pro tem- progress in Iraq. He outlined a new considered, one by one. pore. Two minutes remain for the pre- military strategy that was devised What did we do this time? We had vious unanimous consent. after consultation with military com- one resolution which came over from Mr. MCCONNELL. I was to be recog- manders, national security leaders, and the House, and we passed it without nized at 1:25 p.m., and it is now 1:27 Members of Congress from both par- any amendments. That is a formula for p.m.; is that correct? ties. He told us he had committed more the death of the Senate. There are peo- The ACTING PRESIDENT pro tem- than 20,000 additional troops to Iraq to ple in this country who think we pore. The order was delayed by inter- clear and secure the city of Baghdad should have a unicameral legislature. vening orders. and to protect its population. Mr. BYRD. I don’t. Mr. MCCONNELL. There is some As we meet today, the first of five Mr. STEVENS. I share the Senator’s time at least remaining on the other waves of soldiers are carrying out this opinion because I would like to debate side. I leave it up to my good friend, plan on the streets and in the alleys of him on some of these subjects but not the majority whip, to sort that out. Baghdad; the second is preparing to on a nonbinding resolution. Let’s bring The ACTING PRESIDENT pro tem- leave. These reinforcements have al- up a resolution that supports the pore. The majority whip is recognized. ready given us reasons for hope. Soon troops. Mr. DURBIN. Madam President, I after the President’s announcement, I directly contradict my good friend thought we had 3 minutes remaining; is U.S. Iraqi forces began to route key from West Virginia. The American peo- that correct? elements of the Mahdi army, the mili- ple support our troops in the field—— The ACTING PRESIDENT pro tem- tia’s leader fled his stronghold, and Mr. BYRD. Yes. pore. One minute has been consumed. this week U.S. Iraqi forces have con- Mr. STEVENS. ——and do not want There is 2 minutes remaining. ducted sweeps through once violent us challenging them and trying to find Mr. DURBIN. Since Senator KENNEDY Sunni neighborhoods with little resist- some way to deviate money from their has asked for 1 minute, I will yield the ance. support or deny them the support they 1 minute I requested to the Senator It is too early to say whether the deserve. I would love to stand here and from West Virginia so each of the re- surge will achieve its objective, but

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4592 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 General Petraeus and President Bush strength as a ‘support the troops’ consistent in asking for a fair debate, ask us to give the plan a chance to measure.’’ Adding, ‘‘It takes no cour- and a fair debate includes, at the very work, to support our troops in the field age or creativity,’’ said the New York least, one alternative supported by a and those on their way. Until now, we Times, ‘‘for a politician to express con- majority of Senate Republicans. The have done that. Today—today—we are tinuing support for the troops and op- one alternative we settled on was Sen- being asked to do something entirely position to a vastly unpopular and un- ator GREGG’s proposal to guarantee different. promising military escalation.’’ that we support funding for the troops. The majority party in the Senate The Washington Post was rightly ap- This fundamental unfairness and un- wants to vote on a resolution that con- palled in an editorial this morning by willingness to allow the Senate to vote demns the President’s plan and which the slow-bleed strategy, calling it ‘‘a on arguably the most significant issue disagrees with General Petraeus who crude hamstringing of the military confronting the troop surge, which is said before he left for Iraq that addi- commanders and their ability to deploy whether it is going to be funded, is the tional troops are an essential part of troops.’’ The Post exposed the details reason this stalemate has occurred. achieving our goal. They are doing this of Mr. MURTHA’s plan to add language I am optimistic, and I certainly hope 3 weeks after voting, without dissent, to a war-funding bill that would stran- that Senate Republicans will continue to send General Petraeus on this mis- gle the President’s ability to get rein- to insist on fair treatment in debating sion. And they are doing it in the form forcements to soldiers in the field all what is clearly, unambiguously, the of a nonbinding resolution that will under the guise of having them better most important issue confronting the have no practical effect on the conduct prepared. country today. of the war. ‘‘Why,’’ the Post asks, ‘‘doesn’t Mr. Madam President, I yield the floor Americans have a right to demand MURTHA strip the money out of the ap- and the remainder of my time. why the Senate has not yet taken a propriations bill? Something he is The ACTING PRESIDENT pro tem- clear stand on what most of us believe clearly free to do.’’ Good question. And pore. The majority leader is recog- to be our last best chance at success. the astonishing answer comes from Mr. nized. Mr. REID. Madam President, we all So let us be clear at the outset of this MURTHA’s own lips. ‘‘What we are say- know it is rare for the Senate to hold debate about what is going on today ing,’’ Congressman MURTHA says, ‘‘will a Saturday vote, but the issue before and about what Republicans are fight- be very hard to find fault with.’’ us is too important to wait. There are ing for today. There is no place for this kind of chi- challenges facing America today, but Republicans are fighting for the right canery at a time of war. Even some of there is no greater challenge facing of the American people to know where the President’s most strident oppo- America today than finding a new di- we stand. If you support the war, say nents know that. They know the only vote that truly matters is a vote on rection in Iraq. so. If you don’t, say so. But you cannot Every Senator in this Chamber has a say you are registering a vote in favor whether to fund the troops. That is the vote House Republicans were denied responsibility and an obligation to say of our troops unless you pledge to sup- yesterday. That is the vote Senate Re- whether they support or oppose the port them with the funds they need to publicans and a growing number of President’s plan to escalate the war. carry out their mission. Yet this is pre- clear-eyed observers on both sides of Yesterday the House of Representa- cisely—precisely—what the Demo- this issue are demanding today. Let tives acted, 246 to 180, no escalation. cratic majority would have us do those of us who support the President’s Now it is the turn of this body, the today. plan to win in Iraq say so. Let those Senate, to give advice to the President They demand Republicans cast a vote who oppose it also say so. that he is wrong in sending tens of in favor of a nonsensical proposition We will not be forced to vote for a thousands more American soldiers to a that says we disapprove of the Presi- resolution that says we support the civil war in far away Iraq. dent’s plan to deploy more troops to troops but does not ask us to seal that In a few moments, a vote will occur Iraq, but we support the members of pledge with a promise to help them on a straightforward resolution which the Armed Forces who are serving carry out their mission in the only way simply states that we support our there. A vote in support of the troops they can, which is by funding their troops and oppose escalation of the in- that is silent on the question of funds mission. tractable Iraq war. My colleagues on is an attempt to have it both ways. So Madam President, has my time ex- the other side of this Senate Chamber, Republicans are asking for an honest pired? colleagues who blocked an Iraq debate and open debate, and we are being The ACTING PRESIDENT pro tem- last week, have a choice to make. Do blocked at every turn. pore. The minority leader has 4 min- they intend to join the American peo- The majority party in the House has utes remaining. ple in opposing more of the same in a stronger hand in determining what Mr. MCCONNELL. Madam President, Iraq or do they intend to continue to comes up for a vote. So yesterday they let me additionally say that Senate Re- give the President a green light to es- forced a vote on the same stay-the- publicans have been trying to have this calate the war? Let the debate proceed. course resolution that Democrats are debate now for several weeks. We ex- Let the Senate express its views on the now trying to put before the Senate. pected to have it week before last. We issue of our time. Democrats have been clear about the insist, however, on having the debate This month, the Iraq war has cost the strategy behind this resolution. They in the Senate in the way debates are lives of three American soldiers every describe it as a slow bleed, a way of always carried out in the Senate, in a day, putting us on pace for the blood- tying the hands of the Commander in fair and evenhanded way. iest February since the war began. It is Chief. The House said yesterday that it Our good friends on the other side of threatening our Nation’s strategic in- supports the troops. Yet its leadership the aisle initially supported the Biden terests and risking our Nation’s secu- is preparing to deny the reinforcements proposal, which came out of the For- rity. Today, America has lost 3,133 sol- that those troops will need in the eign Relations Committee. When that diers in the streets and highways of a weeks and months ahead. appeared not to have enough support, place called Iraq. The Senate was created to block that they adopted the Warner-Levin pro- Mr. BYRD. Shame. kind of dealing, and today it stops at posal. When that appeared to be incon- Mr. REID. We have seen tens of thou- the doors of this Chamber. Even oppo- venient, they switched again and now sands more wounded. The war has nents of the war denounce the tactics support, I guess, what best can be strained our military and depleted our of the Democratic leadership. called the Pelosi-Reid proposal, which Treasury of almost $500 billion. In an editorial today, the New York they are attempting to get before the The Iraqis are dying at a rate of 100 Times, amazingly enough, called yes- Senate today. a day in a vicious sectarian civil war. terday’s House vote a ‘‘clever maneu- All along the way, for the last few Two million Iraqis have left their own ver to dress up a reduction in troop weeks, Senate Republicans have been country.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4593 By every measure, the administra- for openness, for transparency, to show The yeas and nays resulted—yeas 56, tion’s failures have put us into a deep their constituents in all 50 States: Do nays 34, as follows: hole in Iraq. Yet the President’s new our Senators support or oppose sending [Rollcall Vote No. 51 Leg.] old plan—escalation, more of the 48,000 more United States soldiers and YEAS—56 same—won’t get us out of the hole. It marines into the darkness of Iraq? Akaka Feingold Nelson (NE) will only dig the hole deeper. During the week we heard speeches Baucus Feinstein Obama Our generals, the Iraq Study Group, about supporting our troops. The best Bayh Hagel Pryor and the Iraqis themselves have told us way to support the troops is to ensure Biden Harkin Reed Bingaman Inouye that escalation will only make Iraq they have a strategy that will let them Reid Boxer Kennedy Rockefeller worse, intensify our costs, and require complete their mission so they can Brown Kerry Salazar even greater sacrifices from the Amer- come home. We need a new direction in Byrd Klobuchar Sanders Cantwell Kohl Schumer ican troops, many of whom are being Iraq. Escalation is not the answer. Cardin Landrieu Smith sent to Baghdad today without the More of the same is not the answer. Carper Lautenberg Snowe Casey Leahy proper armor and proper equipment The answer is to tell the President: Not Specter and the training they need. more war but less war. Clinton Levin Coleman Lincoln Stabenow On this issue—escalation, more of the I urge my colleagues to vote cloture Collins McCaskill Tester same—the Senate must speak. The and thus vote to change course in this Conrad Menendez Warner Senate, on behalf of the American peo- bloody war now raging 7,500 miles from Dodd Mikulski Webb Dorgan Murray Whitehouse ple, must make it clear to the Com- this Senate Chamber and our beloved Durbin Nelson (FL) Wyden mander in Chief that he no longer has United States Capitol. a rubberstamp. We must show the I yield the floor. NAYS—34 American people that the Senate heard CLOTURE MOTION Alexander Domenici McConnell Allard Enzi Roberts their message last November 7, and we, The ACTING PRESIDENT pro tem- Brownback Graham Sessions as Senators, are fighting for a new di- pore. Under the previous order, pursu- Bunning Grassley Shelby rection for the 134,000 troops already in ant to rule XXII, the Chair lays before Burr Gregg Stevens Iraq and the 48,000 additional troops Chambliss Hutchison Sununu the Senate the pending cloture motion, Coburn Inhofe the President would send. which the clerk will state. Thomas Cornyn Isakson Thune Craig Lieberman The Senate owes as much to these The legislative clerk read as follows: Vitter Crapo Lott soldiers, sailors, airmen, and marines. CLOTURE MOTION Voinovich DeMint Lugar We must proceed with this debate and We, the undersigned Senators, in accord- Dole Martinez change the course of a war that has ance with the provisions of rule XXII of the NOT VOTING—10 raged going into 5 years now. Standing Rules of the Senate, hereby move I know some would like to cloud the to bring to a close the debate on the motion Bennett Ensign McCain to proceed to S. 574, a bill to express the Bond Hatch Murkowski debate. I know some would like to Cochran Johnson delay the debate. I know some would sense of Congress on Iraq. Corker Kyl Ben Nelson, Russell D. Feingold, Ben like to have a different debate. I know The PRESIDING OFFICER. On this some would like to have no debate. Cardin, Robert P. Casey, Jr., Byron L. Dorgan, Amy Klobuchar, Daniel K. question, the yeas are 56, the nays are Most of the Republican minority wish- Akaka, Maria Cantwell, John Kerry, 34. Three-fifths of the Senators duly es to protect President Bush from an Ken Salazar, Jack Reed, Chuck Schu- chosen and sworn not having voted in embarrassing vote. They are trying to mer, Jeff Bingaman, Barbara Boxer, the affirmative, the motion is rejected. divert attention from the issue at Dick Durbin, Tom Harkin, Jay Rocke- Mr. DURBIN. I move to reconsider hand. They would like to turn the Sen- feller, Harry Reid. the vote. ate into a procedural quagmire. They The ACTING PRESIDENT pro tem- Mr. LEAHY. I move to lay that mo- want to hide behind weak and mis- pore. By unanimous consent, the man- tion on the table. leading arguments about the Senate’s datory quorum call has been waived. The motion to lay on the table was rules or a Senator’s right to offer The question is, Is it the sense of the agreed to. amendments. These arguments are di- Senate that debate on the motion to The PRESIDING OFFICER. The ma- versions. proceed to S. 574, a bill to express the jority leader. Today’s vote is about more than pro- sense of Congress on Iraq, shall be Mr. REID. I withdraw the motion to cedure. It is an opportunity to send a brought to a close? proceed to S. 574. powerful message: The Senate will no The yeas and nays are mandatory The PRESIDING OFFICER. The mo- longer sit on the sidelines while our under the rule. The clerk will call the tion to proceed is withdrawn. troops police an ugly civil war in a na- roll. f tion far away. The issue before Amer- The legislative clerk called the roll. ica today is escalation. The issue be- Mr. DURBIN. I announce that the CONDITIONAL RECESS OR AD- fore the Senate today is escalation. Senator from South Dakota (Mr. JOHN- JOURNMENT OF BOTH HOUSES That is why the Senate’s responsibility SON) is necessarily absent. OF CONGRESS must be to vote on escalation and Mr. LOTT. The following Senators Mr. REID. Mr. President, the Repub- whether the so-called surge is sup- were necessarily absent: the Senator licans did not want to adjourn the ported or opposed. from Utah (Mr. BENNETT), the Senator other day because they wanted another This is the choice: More war or less from Missouri (Mr. BOND), the Senator chance to vote on Iraq. The majority of war. I applaud the courage of a few from Mississippi (Mr. COCHRAN), the the Senate just voted on Iraq and the hardy Republicans who will vote clo- Senator from Tennessee (Mr. CORKER), majority of the Senate is against the ture and allow this vote to occur. the Senator from Nevada (Mr. ENSIGN), escalation in Iraq. We have had that As I said, most of the Republican mi- the Senator from Arizona (Mr. KYL), other vote they have chosen, so now I nority wish to protect President Bush the Senator from Arizona (Mr. ask the Senate to turn to the consider- from this vote. They intend to vote for MCCAIN), and the Senator from Alaska ation of H. Con. Res. 67, the adjourn- what is best for their political party. (Ms. MURKOWSKI). ment resolution, and that the Senate But as President John Fitzgerald Ken- Further, if present and voting, the proceed to vote on passage of the reso- nedy said, ‘‘Sometimes party loyalty Senator from Utah (Mr. HATCH) would lution, with no intervening action or asks too much.’’ have voted ‘‘nay.’’ debate. Today in the Senate, Republican The PRESIDING OFFICER (Mr. NEL- The PRESIDING OFFICER. The party loyalty asks too much. In the SON of Nebraska). Are there any other clerk will report. Senate this Saturday, this February 17, Senators in the Chamber desiring to Ms. SNOWE. Reserving the right to today is the time for Senators to vote vote? object.

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Cochran Kyl Voinovich colleagues will join me in wishing her Ms. SNOWE. I ask for the yeas and Corker Lautenberg and her family the very best in the nays. The concurrent resolution (H. Con. years to come. The PRESIDING OFFICER. Is there a Res. 67) was agreed to. f sufficient second? Mr. CARDIN. I move to reconsider the vote. BIRTHDAY TRIBUTE TO SENATOR There is a sufficient second. EDWARD M. KENNEDY The question is on agreeing to the Mr. TESTER. I move to lay that mo- Mr. KERRY. Mr. President, next concurrent resolution. tion on the table. The motion to lay on the table was week, on February 22, while the Senate The clerk will call the roll. agreed to. is on recess, my senior colleague and The assistant legislative clerk pro- Mr. CARDIN. Mr. President, I suggest friend TED KENNEDY will celebrate his ceeded to call the roll. the absence of a quorum. 75th birthday, all of this in a year in Mr. DURBIN. I announce that the The PRESIDING OFFICER (Mr. which he has already marked an ex- Senator from South Dakota (Mr. JOHN- TESTER). The clerk will call the roll. traordinary milestone—45 years of SON), the Senator from Massachusetts The assistant legislative clerk pro- service to Massachusetts and his coun- (Mr. KENNEDY), the Senator from New ceeded to call the roll. try in the U.S. Senate. Jersey (Mr. LAUTENBERG), and the Sen- Mr. REID. Mr. President, I ask unan- Senator KENNEDY began his career ator from Florida (Mr. NELSON) are imous consent that the order for the setting a high standard when it comes necessarily absent. quorum call be rescinded. to birthdays. It was when he reached Mr. LOTT. The following Senators The PRESIDING OFFICER. Without the minimum constitutional age, 30, were necessarily absent: the Senator objection, it is so ordered. that he first came to the Senate—1 of from Utah (Mr. BENNETT), the Senator f just 16 Senators elected at such a ten- from Missouri (Mr. BOND), the Senator ARVA ‘‘MARIE’’ JOHNSON der age from a total of over 1,895 Sen- from Kansas (Mr. BROWNBACK), the ators in all of American history. By his Senator from North Carolina (Mr. Mr. DURBIN. Mr. President, I rise 70th birthday he was one of just 28 Sen- BURR), the Senator from Georgia (Mr. today to honor PFC Arva ‘‘Marie’’ ators to ever cast over 10,000 votes. CHAMBLISS), the Senator from Mis- Johnson, who recently retired from the But what we celebrate along with sissippi (Mr. COCHRAN), the Senator United States Capitol Police force TED at 75—Democrats and Republicans, from Tennessee (Mr. CORKER), the Sen- after more than 32 years of dedicated all in awe of a lifetime of achieve- ator from Nevada (Mr. ENSIGN), the service. ment—is the way in which literally Senator from Utah (Mr. HATCH), the Marie Johnson made history on Octo- every year since he has been marking Senator from Georgia (Mr. ISAKSON), ber 15, 1974, when she became the first the passage of time by passing land- the Senator from Arizona (Mr. KYL), woman to serve as a uniformed officer mark legislation. the Senator from Arizona (Mr. of the U.S. Capitol Police. She also The Boston Globe put it best, writing MCCAIN), the Senator from Alaska (Ms. holds the distinction of being the first not long ago that ‘‘in actual, measur- MURKOWSKI), the Senator from Penn- African-American woman hired by the able impact on the lives of tens of mil- sylvania (Mr. SPECTER), the Senator USCP to serve in a law enforcement ca- lions of working families, the elderly, from Alaska (Mr. STEVENS), and the pacity. and the needy, TED belongs in the same Senator from Ohio (Mr. VOINOVICH). This could not have been an easy sentence with Franklin Roosevelt.’’ The PRESIDING OFFICER. Are there achievement. At the time, the force did That sentence is not constructed any other Senators in the Chamber de- not have locker room facilities or even lightly—it is the measure of a public siring to vote? uniforms designed for female officers. servant who doesn’t know the meaning The result was announced—yeas 47, But Johnson brought real commitment of the words ‘‘you can’t pass it’’—‘‘it nays 33, as follows: to the job and a positive attitude that can’t happen’’—‘‘impossible.’’ It is the measure of a Senator who— [Rollcall Vote No. 52 Leg.] helped her earn respect among her col- leagues. on every issue of importance: health YEAS—47 When asked about her historic role in care, war and peace, children, edu- Akaka Feinstein Obama paving the way for female and black of- cation, civil rights, the rights of Baucus Harkin Pryor Biden Inouye Reed ficers in the U.S. Capitol Police Force, women—can always be counted on to Bingaman Kerry Reid Marie Johnson said ‘‘I didn’t mean to be in the lead, challenging on the Boxer Klobuchar Rockefeller do it, it just happened.’’ issues, and fighting for the principles Brown Kohl Salazar I believe Marie Johnson is being which guide a party and lift up our Byrd Landrieu Sanders modest. In fact, she was a founding country. Cantwell Leahy Schumer Cardin Levin From his maiden speech in the Sen- Shelby member of the United States Capitol Carper Lieberman Stabenow Black Police Association, an organiza- ate demanding an end to the filibuster Casey Lincoln Tester Clinton McCaskill tion that advocates fair hiring prac- of the original Civil Rights Act, there Dodd Menendez Thomas tices and performance standards in the has not been a significant policy ac- Dorgan Mikulski Webb Capitol Police Force. The Association complishment in Washington over four Whitehouse Durbin Murray seeks to eliminate the barriers that decades that hasn’t borne his finger- Feingold Nelson (NE) Wyden limited the ability of African Ameri- prints and benefited from his legisla- NAYS—33 cans to pursue careers in law enforce- tive skill and leadership. His is the Alexander Crapo Inhofe ment. record of progressive politics in our Allard DeMint Lott The Capitol Police Force has a very era. On all the great fights that call us Bayh Dole Lugar different face now then it did when to stand up and be counted, from the Bunning Domenici Martinez Coburn Enzi McConnell Marie Johnson joined in 1974. Today minimum wage to Robert Bork and Coleman Graham Roberts there are more than 120 black female Sam Alito, TED didn’t just hear the Collins Grassley Sessions officers on the force. Conrad Gregg call to duty, he led the charge. Cornyn Hagel Marie Johnson is a pioneer. Her long Run down the list—the rights of the Craig Hutchison career is a testament to her determina- disabled, a most personal cause for

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TED—who for far too long were left in testimony to his skill and to his con- others said leave it to the market, seen the shadows or left to fend for them- victions. From Howard Baker, Jacob Social Security protected while others selves, TED KENNEDY wrote every land- Javits, and Hugh Scott to ARLEN SPEC- said privatize it, and seen a safe work- mark piece of legislation that today TER, Dan Quayle, ORRIN HATCH, Alan place and the right to organize put prohibits discrimination against those Simpson, and Nancy Kassebaum and back on the Nation’s agenda—and with a disability. JOHN MCCAIN—TED has never hesitated these issues will again and again be ad- AIDS—when a whole lot of politi- to cross the aisle to accomplish his vanced by TED KENNEDY. cians were afraid to say the word, TED goals—to further a common agenda— That is the drive—the passion—the passed a bill providing emergency re- finding always—that ideologies, how- special commitment we celebrate lief to the thirteen cities hardest hit by ever incompatible in the currency of today—not a new ideology or a new age the AIDS epidemic. conventional wisdom—can be put aside vision, but an age old belief that Amer- Guaranteed access to health coverage for a greater good when Senators— icans have a responsibility to each for 25 million Americans who move however different—work in good faith other—that America is still in the from one job to another or have pre- to make their country a better place, process of becoming—and that we are existing medical conditions wouldn’t to improve the lives of their fellow privileged to serve here to make that have happened without TED KENNEDY. Americans. dream real for all Americans. Without TED KENNEDY, there TED has always believed you can put TED KENNEDY is the most prolific leg- wouldn’t have been a bilingual edu- aside partisanship—overcome divi- islator in American history, but he is cation in the United States for the 5 sion—and that faith in the ability to something more. Robert Kennedy once million students who today have a come together has mattered most in said the most meaningful word in all brighter future because they are learn- some of the most trying and divisive the English language is ‘‘citizen.’’ No ing English in our schools. times our Nation has endured. one has lived out the meaning of that Without TED KENNEDY, we wouldn’t I don’t just say this; I have lived it. most meaningful word more than his have lowered the voting age to 18 and Through the eyes of an activist, there younger brother. ended the hypocrisy that 18-year-olds is often a shocking and gaping gap be- For that and so much more that were old enough to die for their coun- tween those in politics who talk the makes this 75th birthday special, we try in Vietnam but not old enough to talk and those who walk the walk. It honor our friend, our colleague, and a vote for its leadership at home. has been that way on Iraq; it was that great citizen, TED KENNEDY. Without TED KENNEDY, we wouldn’t way in the days of Vietnam. But I re- f be the world’s leader in cancer research member to this day that more than 35 and prevention—as personal and mean- years ago, after I had committed my TRIBUTE TO FRANK AND BETHINE ingful an issue as there is in all the life to organizing my fellow veterans to CHURCH world for TED KENNEDY, not just a fa- end the war, too few of our leaders Mr. LEAHY. Mr. President, when I ther, but a loving father of two cancer were willing to listen, and even fewer first came to the Senate, I had the survivors. were willing to stand with those Viet- great privilege of serving with Senator Without TED KENNEDY, we wouldn’t nam veterans who were standing up Frank Church of Idaho. Marcelle and I have had title XI which opened the against the war. April, 1971—thousands were also privileged to spend time with doors of competition and opportunity upon thousands of veterans gathered both Frank and his wonderful wife to a generation of women athletes all on the Mall. The Nixon White House Bethine. The two of them were extraor- across our country. spread rumors that the veterans would dinarily helpful to this 34-year-old Sen- TED is such an extraordinary public riot and turn violent. The administra- ator from Vermont. servant not only because he knows who tion even tried to kick us off The Mall. Frank Church was a Senator in the he is, and sticks to his guns, never And on that difficult night, when we very best sense of the word. He thought bending with the political currents, but didn’t know if we were going to jail or of the Senate as a place where one because he has in his life and in his ca- we were going to demonstrate as we should, first and foremost, stand for reer proven again and again that had come here to do, TED KENNEDY was our country and make it a better place. progress doesn’t happen by accident, it among the brave few Senators who Certainly his brilliance, conscience, doesn’t happen when you stick to the walked down from his office to sit and and patriotism made his service here text of the latest opinion poll or the talk and listen to veterans who de- one that benefited not only the Senate, whispers of the morning focus group; it scribe the realities they had found in but the Nation. happens when leaders define and fight Vietnam and why that war had to end. Last year, the Idaho Statesman pub- the fights that need fighting—when He reached out and demonstrated—in lished an article that so reflected public servants of conscience and con- his actions as well as his words—that Bethine Church that I ask unanimous viction refuse to take no for an answer. we had a right to tell truths many consent that it be printed in the That is why for TED KENNEDY, the would have preferred we left unspoken, RECORD so that those in the Senate ‘‘cause’’ has not just ‘‘endured’’—but government had a responsibility to lis- who served with Senator Church and triumphed, again and again. ten. knew him and Bethine, as well as those Agree with him or not, and we all He is listening still—to the voices his who did not have the opportunity to know that TED has never been afraid to conscience tells him must never be ig- know them, can have this glimpse into be a majority of one, TED is such an ex- nored. their lives. traordinary leader because he has ex- He hears of children who go through There being no objection, the mate- celled while completing the work in their early years without health care rial was ordered to be printed in the the U.S. Senate that so many others and come to school unable to learn. RECORD, as follows: were afraid to begin. And he has made their care his cru- [From the IdahoStatesman.com, Oct. 13, And, in being a standard-bearer for sade. And so millions more children see 2006] an ideal, an ideology, a view of the a doctor today because of TED KEN- Bethine Church is the widow of four-term world, TED has also become—as Clymer NEDY—and millions more will before he U.S. Sen. Frank Church. Get a narrated tour wrote—‘‘not just the leading senator of is done. of her life and times as she describes col- his time, but one of the greats in its He hears of workers punching a time lected photographs from the couple’s public history, wise in the workings of this clock—doing backbreaking work over and private lives. See photos of Castro, singular institution, especially its de- the course of a lifetime. And he has Brando, Jackie Kennedy and more. In a game room in Boise’s East End, the mand to be more than partisan to ac- made their economic security his agen- walls really do talk. complish much.’’ da. And so millions of workers have Bethine Church, the widow of four-term His partnerships with his fellow Sen- seen wages increased over partisan ob- U.S. Sen. Frank Church, has collected photo- ators are well-known and oft-recited, jections, seen pensions protected when graphs from the couple’s public and private

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4596 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 lives. Every image has a story—of world Bethine grew up in Mackay and Idaho do ask unanimous consent that a trib- travel on behalf of the government, of en- Falls, where her lawyer father represented ute to him by Colman McCarthy be counters with celebrities, of heads of state copper mining companies and criminal de- printed in the RECORD. and high political drama, of love and loss fendants. There being no objection, the mate- and family, of home in the Idaho mountains. From her parents she learned a novel way Frank Church was the most influential of speaking, including her mother’s strong- rial was ordered to be printed in the Idaho politician ever. He served 24 years in est curse, ‘‘It just freezes my preserves,’’ and RECORD, as follows: the U.S. Senate, the lone Idaho Democrat to her Pop’s putdown, ‘‘He’s as worthless as FATHER DRINAN, MODEL OF MORAL TENACITY win more than one term. He chaired the Sen- teats on a boar.’’ (By Colman McCarthy) ate Foreign Relations Committee. In 1976 he From there she went to the salons of Wash- If you’ve ever wondered whether God was a serious candidate for president, look- ington, D.C., and the far reaches of the globe. laughs, think back to 1980, when the Rev. ing briefly like the only man able to deny But they didn’t take the Idaho out of Robert Drinan was ordered by Pope John Jimmy Carter the Democratic nomination. Bethine. After a reception for French Presi- Paul II to get out of politics and leave Con- He helped pass the Wilderness Act in 1964. He dent Charles De Gaulle, the Churches gath- gress. The Jesuit priest, who died on Sunday, was an early critic of the Vietnam War, and ered at the home of a Senate colleague, Joe was finishing his fifth term representing a investigated CIA and FBI abuses, forcing re- Clark, with Adlai Stevenson, the U.N. Am- suburban Boston district that included Cam- forms that some now question in the post-9/ bassador, a former governor and the Demo- bridge and Brookline. The pope had been 11 era. cratic presidential nominee in 1952 and 1956. hearing from rankled conservative American Stevenson’s intellectual heft was legend; I’d seen the pictures over the years, when Catholics—the Pat Buchanan, William F. he was mocked by Richard Nixon as an ‘‘egg- Church hosted events for Democratic lumi- Buckley Jr., William Bennett wing of the head,’’ and voters twice chose Dwight Eisen- naries like Tipper Gore. The walls are church—that Father Drinan, a purebred hower. But Bethine showed no reluctance to chockablock with presidents (FDR, JFK and Democrat, was a dangerous liberal. His vot- say what was on her champagne-sparkled LBJ), prime ministers (Golda Meir of Israel), ing record on abortion was seen as too pro- mind: She discussed the relative preponder- kings (Juan Carlos of Spain), dictators (Fidel choice. Castro of Cuba and Deng Xiaoping of China) ance of outhouses in Idaho and West Vir- Father Drinan’s presence in the House of and celebrities (Jimmy Durante, Marlon ginia. ‘‘I guess I sounded like I sound now,’’ Representatives had been sanctioned by the Brando, John Wayne). There are family she said, laughing. ‘‘I said exactly what came previous pope, Paul VI, as well as by the U.S. snaps of the Robinson Bar Ranch, the Middle into my head and somehow Frank survived episcopate, the cardinal of Boston, his own Fork Salmon River and the grand home at it.’’ Jesuit superiors and emphatically by the Bethine Church was a true partner to her 109 W. Idaho St., where Bethine lived when voters in his district. her father, Chase Clark, was governor in the politician husband, not simply a prop. She No matter. 1940s. has a knack for remembering names, some- John Paul, knowing that Jesuits take a But I hadn’t heard her inimitable narra- thing she learned from her dad. ‘‘Pop taught vow of loyalty to popes, had his way. And tion. I finally got the chance when my editor me that everybody, from the waitress to the who replaced the dangerously liberal Father asked me to gather string for an obituary on people working in the kitchen, is as impor- Drinan? The more dangerously liberal Bar- the grandame of Idaho politics. Church, 83, tant as the people sitting on the dais.’’ ney Frank—as ardent an advocate for abor- happily gave the E Ticket tour to me and She often prompted the senator’s memory, tion rights and as he was for gay rights. If photographer Darin Oswald. No waiting and was his most valued confidant. Had there is a God, the Frank-for-Drinan trade lines, but the ride took four hours. Church won his last-minute race for presi- surely had Him laughing at the Vatican’s ex- Several days later, she called, saying, ‘‘I’d dent in 1976 in the wake of Watergate, pense. so like to see what you’re up to. Do we really Bethine would have been an involved First From Congress, Bob Drinan went a few have to wait until I’m dead?’’ My editors Lady. ‘‘If there had been tapes,’’ she crowed, blocks to Georgetown University Law Cen- chewed on that, deciding she was right: ‘‘I would have been on them!’’ ter. There was no good reason to delay. Today, at f It was a natural transition, from prac- IdahoStatesman.com, Church brings the pic- TRIBUTE TO ROBERT F. DRINAN, ticing the politics of peace and justice to tures to life in an audio-visual presentation teaching it. His classes on human rights law, designed by Oswald’s colleague, Chris Butler. SJ constitutional law and legal ethics were rou- We chose today because at 11:45 a.m., the Mr. LEAHY. Mr. President, on Feb- tinely oversubscribed. Though I had met him U.S. Forest Service is holding a renaming ruary 1, I went to the funeral mass for before his days in Congress, when he served ceremony at the Galena Overlook in the Robert F. Drinan, SJ. Rarely have I as dean of Boston College Law School, it was Sawtooth National Recreation Area. The been so moved at such a solemn occa- at Georgetown Law that our friendship grew. viewpoint is one of Idaho’s great vistas. My classes there for the past 20 years have From today on, it will honor Bethine and sion. This was a joyous celebration of a attracted the same kind of students that his Frank Church, both of whom had the vision wonderful man’s life. did—future public-interest lawyers, poverty to protect the Sawtooths. I knew Bob Drinan before he was a lawyers, human-rights lawyers, and, in good Driving to Robinson Bar over Galena Sum- Member of Congress and was referred years, a future Jack Olender or William mit more than 30 years ago, the Churches to as the ‘‘conscience of the Congress.’’ Kunstler. looked down on a subdivision. ‘‘This can’t I was a young college student when he After my Tuesday afternoon class, I would happen,’’ said Sen. Church. Working with his recruited me to go to Boston College often go by Bob Drinan’s fourth-floor office Republican colleagues, Sen. Len Jordan and Law School. To make it better, he even to get energized. I saw him as a towering Reps. Jim McClure and Orval Hansen, moral giant, a man of faith whose practice of Church got the bill creating the Sawtooth offered a scholarship, and as a student Christianity put him in the company of all National Recreation Area through Congress with absolutely no money, this was my Jesuit heroes—Daniel Berrigan, Horace in 1972. Had they failed, the Sawtooth valley most appealing. I finally called Father McKenna, Teilhard de Chardin, John Dear, would be dotted with vacation mansions. Drinan and told him I was going to Francis Xavier, the martyred Jesuits of El Frank Church has been out of office 25 Georgetown Law School because I espe- Salvador and the priests who taught me in years, dead 22. Bethine contemplated suicide cially wanted to be in Washington. He college. In his office, ferociously unkempt while watching him die of cancer, but he told chuckled and said he was giving me ab- and as tight as a monk’s cell, our conversa- her she had responsibilities. He was right. solution, insofar as it was a Jesuit in- tion ranged from politics to law to the morn- She founded the Sawtooth Society, which ing’s front pages. He was as knowledgeable has led private conservation efforts in the stitution. about the Torture Victim Protection Act of SNRA; her support of Rep. Mike Simpson, R– Throughout the more than 40 years 1991 as he was about the many allegations of Idaho, has aided his push to expand SNRA since then, he and I talked often and international lawbreaking by the current wilderness into the Boulder and White Cloud had some of the most wonderful visits. Bush administration. Bob Drinan had mas- mountains; she helped create the Frank His interests in life, the United States, tered the art of being professionally angry Church Institute at BSU that supports a the Jesuit mission, and his friends but personally gentle. scholar and hosts a world-class annual con- never faded. The last time we saw each As a priest, he was a pastor-at-large. He ference. other was when I gave a speech in De- was at the altar at journalist Mary Church took a fall recently that put her in McGrory’s funeral Mass. He celebrated the the hospital one night. But she still enter- cember at the Georgetown Law School, Nuptial Mass at the marriage of Rep. Jim tains, negotiating her kitchen in a cane and and he came by to hug and greet both McGovern (D-Mass.) and his wife, Lisa. And sitting on a step stool to cook. She lustily Marcelle and me. always, there were plenty of baptisms. As a talks of a life devoted to making Idaho and I will not try to repeat all of the writer, he produced a steady flow of books on the world better. wonderful things said about him, but I human rights, poverty and social justice. He

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4597 saved his most fiery writing for the National parking lot at the corner of Route 100 and wood Union, Mt. Mansfield, Burlington and Catholic Reporter, the progressive weekly to Carroll Road in Waitsfield. Children pulled Vergennes, will be bussed in for special which he contributed a regular column. His off brightly colored ski hats and unzipped screenings. ‘‘I’d like to add more educational final one appeared on Dec. 15, a piece about puffy jackets as they led their parents components to the theater,’’ Becker says, the 26th anniversary of the martyrdom in El through sturdy wood doors. Above, bold red looking to the future, ‘‘like a media literacy Salvador of Maryknoll Sister Ita Ford. and black letters inscribed on a round, Art program and a documentary filmmaking pro- The column began: ‘‘In the 1980s I gave a Deco-style clock identified the building as gram.’’ lecture at Jesuit Regis High School in New the Big Picture Theater. And the future looks bright, judging by the York City, where the students are all on Inside, the petite proprietor, Claudia Beck- success of the festival so far. Becker points scholarship. I spoke about the war being er, was hustling from one task to another. to an increase in ‘‘the level of recogni- waged by the Reagan administration against She swept the wooden floor of the large, tion. . . and in the turnout. The festival has the alleged communists of El Salvador. windowed cafe-lounge, dusted the player established itself as one of the premier film ‘‘In the discussion period, three students piano, crossed to the carpeted hallway to festivals in Vermont.’’ took issue with my remarks, making it clear help an employee count a cash drawer, and One positive change is that the fest is no that they and their families agreed with the answered both the theater phone and the longer a renter—this is the first year Becker U.S. policy of assisting the Salvadoran gov- personal cell phone hooked to her corduroys. has owned its venue. After the previous own- ernment. The atmosphere was almost hostile A young man and his blonde girlfriend— ers shut their doors, Waitsfield locals kept until one student stood and related that his friends visiting from Becker’s native Ger- talking about the need for a community aunt, Maryknoll Sister Ita Ford, had been many—appeared and greeted her. After a space. Becker decided she needed to buy the murdered by agents of the government of El quick exchange of words in German, the man theater and make it a viable epicenter of the Salvador. I have seldom if ever witnessed walked behind the bar to the kitchen area Mad River Valley. Vowing to spend every such an abrupt change in the atmosphere of and began polishing silver, while his last dime she had, she purchased the build- a meeting.’’ girlfriend took over the broom. Becker dart- ing, hired a construction crew, and began a One of my students at Georgetown Law ed back to the concessions area and, with a major renovation. last semester was also one of Father warm smile, greeted the line of customers In May 2006, Becker re-opened the theater Drinan’s: Chris Neumeyer, a former high arriving for a 4 p.m. matinee of Charlotte’s and unveiled the transformed space: an open- school teacher from California. His father, Web. kitchen cafe with a full bar, old-fashioned Norris Neumeyer, was in town earlier this The past year has been a whirlwind for soda fountain, and Internet lounge; a newly month and wanted to meet his hero, Father Becker, 39, in her new role as owner of the renovated smaller theater with flexible seat- Drinan. The two lucked out and found the Big Picture Theater. When she bought and ing, to be used for both movie showings and priest in his office. Yesterday, Norris renovated the former Eclipse Theater last community events; and a largely untouched Neumeyer, after learning of the priest’s spring, she already had a full plate: two chil- traditional movie theater. death, e-mailed his son and recalled asking if dren under the age of 6, a marriage to Becker’s vision for the aptly named Big Father Drinan knew his often-jailed fellow filmmaker Eugene Jarecki (The Trials of Picture was a ‘‘local gathering place with a Jesuit Daniel Berrigan and his brother Phil- Henry Kissinger, Why We Fight), and an ac- global dimension,’’ she says. ‘‘And I wanted ip. He did. The difference between himself claimed film fest. Lately, Becker’s velocity the name to reflect my personal desire for and the Berrigans, Father Drinan believed, has increased as she gears up for the fourth teaching, discourse and thought exchange.’’ Her political beliefs aren’t just talk. Beck- was that they took action outside the sys- annual Mountaintop Film Festival. The er demonstrates her commitment to the tem while he took action inside. human-rights-based marathon runs at the ‘‘local’’ by letting organizations rent the Papal meddling aside, it was enduring ac- theater starting this Wednesday, January 10, space at a price that often just covers her tion. through Sunday, January 14. costs. To accommodate area events, she The fest presents 10 documentary films and formed a partnership with the nonprofit f three dramas, all addressing issues of na- Open Hearth Community Center, which tional and international concern, from the TRIBUTE TO CLAUDIA BECKER ‘‘wouldn’t have a home without Claudia,’’ toll of the Iraq war to Bombay’s child sex ∑ says Open Hearth program manager Kirstin Mr. LEAHY. Mr. President, Vermont trade to civil disobedience during the Viet- Reilly. ‘‘She has worked with the board to is constantly made a better place by nam War. It showcases personalities, too. create a space that is useful for the commu- some of the extraordinary people who The opening night gala features a reception nity’s needs.’’ come there and add to the talents of with filmmaker Henrietta Mantel before the Becker has brought an eclectic mix of our State. showing of her film on Ralph Nader, An Un- first-run and documentary films, thought- One such person is Claudia Becker. reasonable Man. A Q&A with Nader himself provoking discussions, music, comedy and She has restored the Big Picture The- via lcam follows. Olympia Dukakis, who art exhibits to Big Picture. Last fall, New ater in Waitsfield along with her hus- stars in the drama Day on Fire, is expected Hampshire comedian Cindy Pierce drew a to make an appearance at one of her two band Eugene Jarecki. The theater has huge crowd for her show on the mysteries of film screenings (Thursday and Saturday at 8 women’s sexuality. Soon after, the theater become a center for the people of the p.m.). Filmmakers James Longley (Iraq in Mad River Valley, and Claudia has filled up again for a discussion of inter- Fragments), Milena Kaneva (Total Denial), national security issues with former U.N. shown a sense of conscience in films and Alex Gibney (Enron: The Movie) are all weapons inspector Scott Ritter. she has shown at Big Picture. scheduled to appear. And Jarecki, whose 2005 Becker says she’s still working on bal- Marcelle and I have been privileged doc Why We Fight won a grand jury prize at ancing her political passions with the need to know Claudia for years and her hus- Sundance, will teach a three-hour media lab to turn a profit. ‘‘It has been a real learning band Eugene for years before that. on Sunday at 1 p.m. Three nights of live experience to find what works and what music and a Friday night community pot- doesn’t,’’ she admits. ‘‘Live music continues Marcelle, as an acting justice of the luck dinner round out the five days of brainy peace, even performed their marriage. to be a challenge. But when we bring in a po- cinema. litical speaker, the place is packed.’’ We have enjoyed watching their home Mountaintop grew out of a serendipitous Becker seems to have found a management grow in Vermont, as well as the addi- meeting five years ago between Becker and style that suits her: a nonhierarchical orga- tion of two of the most beautiful chil- Kimberly Ead, now festival manager. At the nization that still allows her to jump in and dren anyone could wish for. time, Becker was a teacher—she holds a mas- be the boss when needed. And when friends Recently, Seven Days in Vermont ter’s degree in special education from the and family visit, they’re put to work. wrote an article about Claudia and University of Munich—and an informal con- Jarecki is often seen pouring beers behind sultant to her husband’s filmmaking. But what she has done with her film fes- the bar. The couple’s daughter Anna has she was looking for new pursuits that would baked cookies to sell in the cafe. tival. I ask unanimous consent that express her ‘‘deep sense of political concern.’’ ‘‘When I was hiring, I was very careful to the article be printed in the RECORD. Ead, who was working on antiwar issues at find people who had a positive attitude and a There being no objection, the mate- Burlington’s Peace and Justice Center, of- predisposition for multitasking,’’ Becker rial was ordered to be printed in the fered just that. ‘‘Claudia and I really con- says. Her core team is composed of women: RECORD, as follows: nected,’’ Ead remembers. ‘‘We combined her Ead; theater manager Jo-Anne Billings; and contacts in the film industry and my work chef Amanda Astheimer, who aims to deliver ‘‘BIG’’ DEAL—FILM FEST FOUNDER CLAUDIA as an activist to create the festival.’’ on Becker’s international culinary vision. BECKER GETS THE PICTURE Both women have a strong commitment to Several men work as projectionists and con- (By Candice White) educating youth about film and filmmaking, cessions staff. On a recent sunny afternoon, several cars, and it shows in the festival. This year, stu- All hands will be on deck during this many with ski racks, pulled into a large dirt dents from area high schools, including Har- week’s film festival. ‘‘I am looking forward

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4598 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 to it all being over, just so I can take a identifies those that excel at serving a vari- MEASURES READ THE FIRST TIME breath,’’ Becker says. ety of stakeholders. Firms are ranked on But she also recognizes that a busy theater performance in eight categories: share- The following bill was read the first is the best reward. Becker defines success as holders, governance, community, diversity, time: ‘‘seeing people having a great time; working employees, environment, human rights and H.R. 976. An act to amend the Internal with and within the community; feeling that product. Revenue Code of 1986 to provide tax relief for I am doing something that is greater than Green Mountain Coffee Roasters offers a small businesses, and for other purposes. myself.’’ If she can bring new issues and comprehensive selection of double-certified, f ideas to filmgoers’ attention, so much the Fair Trade organic coffee. Fair Trade pro- better. vides coffee growers a fair price and a guar- INTRODUCTION OF BILLS AND ‘‘I want to open people’s minds and inspire anteed minimum floor price for their crops. JOINT RESOLUTIONS discourse,’’ Becker says. ‘‘I don’t believe I In 2006, the company introduced a line of The following bills and joint resolu- can have an impact on what people do with eco-friendly paper cups that use a corn prod- the information, but I feel it is important to uct, instead of petroleum-based products, to tions were introduced, read the first get it out there.’’∑ make them waterproof. and second times by unanimous con- f Robert Stiller, president and CEO of Green sent, and referred as indicated: Mountain Coffee Roasters, said: ‘‘It’s par- By Mr. BIDEN (for himself and Mr. TRIBUTE TO GREEN MOUNTAIN ticularly rewarding to see how our efforts LUGAR): COFFEE ROASTERS are improving people’s lives and contrib- S. 676. A bill to provide that the Executive Mr. LEAHY. Mr. President, I am uting to positive change in the world.’’ Director of the Inter-American Development Green Mountain Coffee Roasters sells more Bank or the Alternate Executive Director of pleased to inform my colleagues that than 100 specialty coffees, including Fair for the second consecutive year, Green the Inter-American Development Bank may Trade Certified and organic coffees under the serve on the Board of Directors of the Inter- Mountain Coffee Roasters of Water- Green Mountain Coffee Roasters and New- American Foundation; to the Committee on bury, VT, has been named the top over- man’s Own Organics brands. Foreign Relations. all firm on Corporate Responsibility f By Mrs. BOXER (for herself, Mr. LAU- Officers Magazine’s annual list of 100 TENBERG, Mr. SALAZAR, and Mr. MEASURES REFERRED Best Corporate Citizens. This is the SCHUMER): first time any company has been The following bills were read the first S. 677. A bill to improve the grant program awarded this prestigious title 2 years and the second times by unanimous for secure schools under the Omnibus Crime in a row. consent, and referred as indicated: Control and Safe Streets Act of 1968; to the Committee on the Judiciary. Green Mountain Coffee’s award is H.R. 342. To designate the United States By Mrs. BOXER (for herself and Ms. courthouse located at 555 Independence rooted in the leading role the company SNOWE): Street in Cape Girardeau, Missouri, as the plays in the specialty coffee and fair S. 678. A bill to amend title 49, United ‘‘Rush Hudson Limbaugh, Sr. United States trade industries. By constantly striv- States Code, to ensure air passengers have Courthouse’’; to the Committee on Environ- ing to lead the company to exemplary access to necessary services while on a ment and Public Works. grounded air carrier and are not unneces- corporate citizenship, Bob Stiller, H.R. 547. To facilitate the development of sarily held on a grounded air carrier before Green Mountain Coffee’s president and markets for biofuels and Ultra Low Sulfur or after a flight, and for other purposes; to CEO, has molded the company into a Diesel fuel through research and develop- the Committee on Commerce, Science, and socially responsible and environ- ment and data collection; to the Committee Transportation. on Environment and Public Works. mentally conscious business that By Mr. KERRY: makes Vermonters proud. The following concurrent resolutions S. 679. A bill to provide a comprehensive I congratulate Bob and all of the em- were read, and referred as indicated: strategy for stabilizing Iraq and redeploying ployees at Green Mountain Coffee for H. Con. Res. 20. Concurrent resolution call- United States troops from Iraq within one this well-deserved recognition. Mr. ing on the Government of the United King- year; to the Committee on Foreign Rela- President, they make great coffee, they dom to immediately establish a full, inde- tions. do business well, and they do great pendent, and public judicial inquiry into the By Ms. COLLINS (for herself, Mr. LIE- business—and these accomplishments, murder of Northern Ireland defense attorney BERMAN, Mr. COLEMAN, Mr. CARPER, and Mrs. MCCASKILL): I believe, are related. I ask unanimous Patrick Finucane, as recommended by Judge Peter Cory as part of the Weston Park S. 680. A bill to ensure proper oversight and consent that a copy of the following ar- Agreement, in order to move forward on the accountability in Federal contracting, and ticle from the Rutland Herald be print- Northern Ireland peace process; to the Com- for other purposes; to the Committee on ed in the RECORD so that all Senators mittee on Foreign Relations. Homeland Security and Governmental Af- can read about the success and admi- H. Con. Res. 63. Concurrent resolution dis- fairs. rable business practices of this vision- approving of the decision of the President By Mr. LEVIN (for himself, Mr. COLE- ary company. announced on January 10, 2007, to deploy MAN, and Mr. OBAMA): There being no objection, the mate- more than 20,000 additional United States S. 681. A bill to restrict the use of offshore tax havens and abusive tax shelters to inap- rial was ordered to be printed in the combat troops to Iraq; to the Committee on Foreign Relations. propriately avoid Federal taxation, and for RECORD, as follows: f other purposes; to the Committee on Fi- [From the Rutland Herald, Feb. 15, 2007] nance. VT. COMPANY NAMED TOP CORPORATE CITIZEN MEASURES PLACED ON THE By Mr. KENNEDY (for himself, Mr. For the second year in a row, Green Moun- CALENDAR MCCONNELL, Mr. REID, Mr. WARNER, tain Coffee Roasters Inc. has been ranked The following measures were dis- Mr. KERRY, Mr. STEVENS, Mr. DOMEN- ICI, Mr. COLEMAN, Mr. GREGG, Mr. No. 1 on the list of 100 Best Corporate Citi- charged from the Committee on Home- COCHRAN, Ms. SNOWE, Mr. ENZI, Mr. zens, published by CRO magazine. land Security and Governmental Af- This is the fifth consecutive year that AKAKA, Mr. BAUCUS, Mr. BINGAMAN, Green Mountain Coffee Roasters has made fairs, and ordered placed on the cal- Mr. BIDEN, Mrs. BOXER, Mr. BROWN, the list. It is the only time a company has endar: Ms. CANTWELL, Mr. CARDIN, Mrs. been awarded the top spot for 2 years run- S. 194. A bill to designate the facility of CLINTON, Mr. DORGAN, Mr. DURBIN, ning, and it is the only company other than the United States Postal Service located at Mrs. FEINSTEIN, Mr. HARKIN, Ms. KLO- IBM that has been ranked first twice. 1300 North Frontage Road West in Vail, Colo- BUCHAR, Ms. LANDRIEU, Mr. LAUTEN- The Waterbury company shares honors rado, as the ‘‘Gerald R. Ford, Jr. Post Office BERG, Mr. LIEBERMAN, Mr. LEVIN, Mr. this year with Micro Devices, IBM, The Building’’. MENENDEZ, Mrs. MURRAY, Mr. OBAMA, Timberland Company and Starbucks Corp. S. 219. A bill to designate the facility of Mr. REED, Mr. ROCKEFELLER, Mr. Now in its eighth year, the 100 Best Cor- the United States Postal Service located at SALAZAR, Mr. SCHUMER, Mr. TESTER, porate Citizens list was developed by Busi- 152 North 5th Street in Laramie, Wyoming, Mr. WEBB, Mr. WHITEHOUSE, Mr. ness Ethics magazine, which became CRO, an as the ‘‘Gale W. McGee Post Office’’. WYDEN, Mr. BAYH, Ms. MIKULSKI, and organization for Corporate Responsibility S. 412. A bill to designate the facility of Ms. STABENOW): Officers. the United States Postal Service located at S. 682. A bill to award a Congressional Gold The list is drawn from more than 1,100 of 2633 11th Street in Rock Island, Illinois, as Medal to Edward William Brooke III in rec- the largest U.S. publicly held companies and the ‘‘Lane Evans Post Office Building’’. ognition of his unprecedented and enduring

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4599 service to our Nation; to the Committee on hours an elderly woman asked for food The legislation provides two excep- Banking, Housing, and Urban Affairs. and was told she could purchase a tions to the three-hour option. The By Mrs. FEINSTEIN: snack box for $4. pilot may decide to not allow pas- S.J. Res. 3. A joint resolution to specify an This is unacceptable. sengers to deplane if he or she reason- expiration date for the authorization of use I have been stuck on the tarmac of military force under the Authorization for ably believes their safety or security Use of Military Force Against Iraq Resolu- many times in my travel back and would be at risk due to extreme weath- tion of 2002 and to authorize the continuing forth to California. Weather delays are er or other emergencies. Alternately, if presence of United States forces in Iraq after unavoidable, but airlines must have a the pilot reasonably determines that that date for certain military operations and plan to ensure that their passengers— the flight will depart within 30 minutes activities; to the Committee on Foreign Re- which often include infants and the el- after the three hour period, he or she lations. derly—are not trapped on a plane for can delay the deplaning option for an f hours and hours. If a plane is stuck on additional 30 minutes. ADDITIONAL COSPONSORS the tarmac or at the gate for hours, a I believe this legislation will do passenger should have the right to much to help consumers while placing S. 614 deplane. No one should be held hostage reasonable requirements on the air- At the request of Mr. SCHUMER, the on an aircraft when an airline can lines and I hope my colleagues will sup- name of the Senator from Michigan clearly find a way to get passengers off port it. (Ms. STABENOW) was added as a cospon- safely. sor of S. 614, a bill to amend the Inter- This is not the first time that pas- By Ms. COLLINS (for herself, Mr. nal Revenue Code to double the child sengers have been trapped on an air- LIEBERMAN, Mr. COLEMAN, Mr. tax credit for the first year, to expand plane an extreme amount of time. In CARPER, and Mrs. MCCASKILL): the credit dependent care services, to 1999, after a Northwest plane was de- S. 680. A bill to ensure proper over- provide relief from the alternative layed on the tarmac for at least nine sight and accountability in Federal minimum tax, and for other purposes. hours with the same poor conditions, contracting, and for other purposes; to S. 641 many Members of Congress were out- the Committee on Homeland Security At the request of Mr. GREGG, the raged and several introduced com- and Governmental Affairs. names of the Senator from Minnesota prehensive passenger bill of rights leg- Ms. COLLINS. Mr. President. I rise (Mr. COLEMAN), the Senator from Mis- islation. to introduce the Accountability in sissippi (Mr. LOTT), the Senator from While those bills did not become law, Government Contracting Act of 2007. Georgia (Mr. CHAMBLISS) and the Sen- they had a powerful effect on the air- This bill, which I am delighted is co- ator from South Dakota (Mr. THUNE) lines, which agreed to a 12-point ‘‘Air- sponsored by Senators LIEBERMAN, were added as cosponsors of S. 641, a line Customer Service Plan.’’ In the COLEMAN, CARPER, and MCCASKILL, will bill to express the sense of Congress plan, the airlines committed to pro- improve our stewardship of taxpayers’ that no funds should be cut off or re- viding passengers with better informa- money by reforming contracting prac- duced for American troops in the field tion about ticket prices and delays, tices, strengthening the procurement which would result in undermining better efforts to retrieve lost luggage, workforce, reforming our IG commu- their safety or their ability to com- fairer ‘‘bumping’’ policies and to meet- nity, and including other provisions to plete their assigned missions. ing essential needs during long on-air- combat waste, fraud, and abuse. It will f craft delays. And since 1999 the airlines also provide increased oversight and have made improvements to passenger transparency in the Federal Govern- STATEMENTS ON INTRODUCED service. ment’s dealings with its contractors. BILLS AND JOINT RESOLUTIONS But in recent years, as the industry The Office of Federal Procurement By Mrs. BOXER (for herself and has grown ever more competitive, air- Policy estimates that the Federal Gov- Ms. SNOWE): lines are increasingly operating with ernment purchased approximately $410 S. 678. A bill to amend title 49, no margin of error. Planes are com- billion in goods and services last year— United States Code, to ensure air pas- pletely sold out, gates are continuously more than a 50 percent increase in Fed- sengers have access to necessary serv- utilized, airport facilities are stretched eral purchases since 2001. ices while on a grounded air carrier and thin. This means that when bad weath- As the administration’s proposed are not unnecessarily held on a ground- er hits, the airlines can find themselves budget suggests, the costs of war, nat- ed air carrier before or after a flight, unable to readily accommodate delays ural disaster, homeland-security pre- and for other purposes; to the Com- and cancellations. And the results, as cautions, and other vital programs will mittee on Commerce, Science, and we have seen this winter, can be disas- drive those expenditures to even higher Transportation. trous. levels in the years ahead. Mrs. BOXER. Mr. President, I rise And that is why today we are intro- Each of us in this Chamber knows today with my colleague Senator ducing the ‘‘Airline Passenger Bill of that the Federal Government’s pro- OLYMPIA SNOWE to introduce ‘‘The Air- Rights Act of 2007,’’ commonsense leg- digious purchasing can create abun- line Passenger Bill of Rights Act of islation designed to ensure that trav- dant opportunities for fraud, waste, 2007,’’ a bill which addresses an issue elers can no longer be unnecessarily and abuse. Whether the problem is pur- recently in the news—airlines trapping trapped on airplanes for excessive peri- chases of unusable trailers for hurri- passengers on the ground in delayed ods of time or deprived of food, water cane victims, shoddy construction of planes for hours and hours without ade- or adequate restrooms during a ground schools and clinics in Iraq, or abuse of quate food, water or bathrooms. delay. purchase cards by Government employ- This week, at John F. Kennedy Inter- The legislation requires airlines to ees, we must do a better job of pro- national Airport, a JetBlue airplane offer passengers the option of safely tecting taxpayer dollars and delivering sat on the tarmac for 11 hours. Over leaving a plane they have boarded once better acquisition outcomes. this New Year’s Eve weekend, Amer- that plane has sat on the ground three Recognizing that imperative requires ican Airlines had to divert planes to hours after the plane door has closed. that we also recognize the obstacles in Austin because of the bad weather and This option would be provided every our path. Such obstacles include re- one plane sat on the tarmac for nine three hours that the plane continues to source constraints, inexcusable rushes hours. sit on the ground. to award contracts, poor program ad- For the passengers, the conditions The legislation also requires airlines ministration, and perverse incentives. were not good. There was not enough to provide passengers with necessary Other challenges to fair, effective, food and potable water, and the bath- services such as food, potable water and open competition and oversight in- rooms stopped working. According to and adequate restroom facilities while clude inadequate documentation re- news reports, after waiting for five a plane is delayed on the ground. quirements, overuse of letter contracts

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4600 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 that fail to include all the critical period, and disclosure of significant the preference for multiple awards of terms until after performance is com- evaluation factors to be applied. For Indefinite Delivery/Indefinite Quan- plete, excessive tiering of subcontrac- awards to be made on a best-value tity, or IDIQ, contracts by prohibiting tors, and insufficient publicly available rather than lowest-cost basis, the agen- single awards of IDIQ contracts for data on Federal contracts. cy must provide a written statement services over $100 million. The Govern- Too often, the problem of waste, on the basis of the award and on the ment would therefore have at least two fraud, and abuse stimulates floods of trade-off between quality and cost. contractors for these large service con- outrage and magic-bullet proposals To increase the quality of competi- tracts, who would then be required to that lean more toward symbolic ges- tive bids, the bill mandates post-award compete with each other for all task tures than practical reforms. The Ac- debriefings for task or delivery orders and/or delivery orders, unless strict countability in Government Con- valued over $5 million. Debriefings im- grounds for exceptions applied. tracting Act of 2007 confines itself to prove the transparency of the Federal To ensure that agencies’ increasing sensible, practical reforms that will acquisition process by providing infor- use of interagency contracting is pro- really make a difference. mation that contractors can use to im- ducing value, we require the Office of Competition for Government con- prove future offers. Federal Procurement Policy to collect tracts clearly helps to control costs, Competition helps secure good value and make publicly available data on encourage innovation, and keep con- for taxpayers’ money, but there are ex- the numbers, scope, users, and ration- tractors sharp. It is basic economics— ceptions, and they should be the excep- ales for these contracts. and it’s the law, as Congress provided tion and not the rule, when sole-source But increased competition will not in the Competition in Contracting Act contracting is appropriate. Sole-source solve all our ills. We must also address of 1984. This bill promotes more open contracting heightens the importance the lack of personnel to award and ad- competition for Government con- of effective oversight, but oversight is minister Federal contracts. We moved tracts—a positive step for both con- often hampered by a lack of publicly into the 21st century with 22 percent tractors and taxpayers. available information on sole-source fewer Federal civilian acquisition per- Unfortunately, the tide has been run- contract awards. sonnel than we had at the start of the ning the wrong way. Competition, in- The bill addresses that problem by 1990s. The Department of Defense has tended to produce savings, has sharply requiring publication at the been disbursing enormous amounts of diminished. While the dollar volume of ‘‘FedBizOpps’’ website of notices of all money to contractors since the first Federal contracting has nearly doubled sole-source task-or-delivery orders gulf war, but has reduced its acquisi- since the year 2000, a recent report con- above $100,000, within 10 business days tion workforce by more than 50 percent cluded that less than half of all ‘‘con- after the award. from 1994 to 2005. tract actions’’—new contracts and pay- I shall note some other important Among the current, attenuated Fed- ments against existing contracts—are provisions of the bill. eral acquisition workforce, nearly 40 now subject to full and open competi- The bill will rein in the practice of percent are eligible to retire by the end tion: 48 percent in 2005, compared to 79 awarding contracts missing key terms, of this fiscal year. Meanwhile, the percent in 2001. This is inexcusable. such as price, scope or schedule, and number and scale of Federal purchases The dangers inherent in sole-source then failing to supply those terms until continue to rise, making this human- contracting are on full display in Iraq. the contractor delivers the good or capital crisis even more dire. For example, the Kellogg, Brown, and service—thereby placing all risk of Therefore, the bill would help Fed- Root unit of Halliburton designed and failure on the government. In Iraq and eral agencies recruit, retain, and de- was awarded a multi-year sole-source Katrina contracting, we saw the perils velop an adequate acquisition work- contract for the Restore Iraqi Oil of failing to supply the ‘‘missing term’’ force. Its mechanisms include acquisi- project. A Defense Department audit promptly. For example, the Special In- tion internship programs, promoting concluded that the firm later over- spector General for Iraq Reconstruc- contracting careers, a government-in- charged the government $61 million for tion last July identified 194 individual dustry exchange program; an Acquisi- fuel. Incredibly, the Army Corps of En- task orders valued at $3.4 billion that tion Fellowship Program with scholar- gineers permitted the overcharge. were classified as ‘‘undefinitized con- ships for graduate study, requirements According to a January 2007 Congres- tract actions.’’ for human-capital strategic plans by sional Research Service report, Kel- This is entirely too much money and chief acquisition officers, and a new logg, Brown, and Root’s contract work too many contract actions to linger in senior-executive-level position in the in Iraq included billing for $52 million this status. The bill corrects this flaw Office of Federal Procurement Policy to administer a project that entailed by requiring contracting officers to to manage this initiative. only $13 million in actual project work, unilaterally determine all missing In keeping with earlier Senate ac- piping unpurified water into showers terms, if not mutually agreed upon, tion, the bill also targets wasteful use and laundries used by our troops, and within 180 days or before 40 percent of of purchase cards by seeking better billing for 6 months of failure while the work is performed, with the ap- analysis of purchase-card use to iden- using an unsuitable technique to lay proval of the head of the contracting tify fraud as well as potential savings, oil pipeline beneath a river. agency, and subject to the contract dis- negotiate discounts, collect and dis- As these examples suggest, we need putes process. seminate best practices, and address more competition, less sole source con- Contracting for Hurricane Katrina small-business concerns in micro-pur- tracting, and tougher management in and Iraq has also involved excessive chases. Federal contracts. The bill I introduce tiers of subcontractors, driving up Such information is clearly nec- today extends a practice adopted in the costs and complicating administration. essary. In a hearing before the Home- fiscal year 2002 Defense Authorization The bill extends a tiering-control rule land Security and Governmental Af- Act government-wide, mandating com- we placed in the Department of Home- fairs Committee, GAO detailed how a petition for each task or delivery order land Security appropriations bill, pre- FEMA employee provided his purchase over $100,000, the Simplified Acquisi- venting contractors from using sub- card number to a vendor, who agreed to tion Threshold. contracts for more than 65 percent of provide the government 20 flat-bottom The bill would promote more in- the cost of the contract, not including boats. Besides the fact that FEMA formed and effective competition for overhead and profit, unless the head of agreed to pay $208,000 for the boats, orders over $5 million by requiring agency determines that exceptional about twice the retail price, the vendor more information in the statement of circumstances apply. used the FEMA employee’s purchase work. At minimum, contractors would To further decrease the Govern- card information to make two unau- be given a clear statement of agency ment’s reliance on large single-source thorized transactions totaling about requirements, a reasonable response service contracts, the bill strengthens $30,000. Neither the cardholder nor the

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00024 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4601 approving official disputed the unau- equity and the disincentive to accept- shore tax haven abuses account for as thorized charges. As if this was not bad ing a promotion. much as $100 billion. Abusive tax shel- enough, FEMA failed to gain title to The bill makes other reforms that ters, both domestic and offshore, ac- the boats. It did not even enter 12 of will increase the quality of IG reports count for additional billions in unpaid the 20 boats into their property sys- and audits. For example, it clarifies taxes per year. To pay for critical tem. Eventually, one of the boats was that IGs’ subpoena power extends to needs, to avoid going even deeper into later found back in the possession of electronic documents. It also sets out debt, and to protect honest taxpayers, the original owner. professional qualifications for the des- we must shut these abuses down. The bill restricts the de-facto out- ignated Federal entity IGs, or DFE The legislation we are introducing sourcing of program-management re- IGs. These IGs work in our smaller today is the product of years of work sponsibility when a large contractor Federal agencies and are not subject to by the Permanent Subcommittee on becomes a ‘‘lead systems integrator’’ confirmation. This is no excuse for this Investigations. I serve as Chairman of for a multi-part project. The bill re- failure to supply minimum professional that Subcommittee. Senator COLEMAN quires OFPP to craft a government- qualifications for these important posi- is the ranking Republican, and Senator wide definition of lead systems integra- tions. OBAMA is a valued Subcommittee mem- tors and study their use by various This bill also corrects a serious prob- ber. Through reports and hearings, the agencies. lem that has left millions of fraudu- Subcommittee has worked for years to The bill also specifically addresses lently disbursed dollars un-recouped. expose and combat abusive tax havens demonstrated problems in contracting Currently DFE IGs do not have the and tax shelters. In the last Congress, for assistance programs in Afghani- power to institute lawsuits to recover we confronted these twin threats to stan. Numerous reports of fraud, waste, claims under $150,000, even if they have our treasury by introducing S. 1565, the and abuse in that country, such as the a compelling case. This is unaccept- Tax Shelter and Tax Haven Reform shockingly poor construction of able. DFE IGs need the power to pick Act. Today’s bill is an improved schools and clinics by the Louis Berger this ‘‘low hanging fruit,’’ whose cumu- version of that legislation, reflecting Group, echo the findings of the SIGIR lative cost can be huge. The bill cor- not only the Subcommittee’s addi- in Iraq. rects this problem by giving DFE IGs tional investigative work but also in- The Louis Berger Group was awarded the same authority that Presidentially novative ideas to end the use of tax ha- a contract to build schools and clinics appointed IGs have to investigate and vens and to stop unethical tax advisers to help restore a decent life for the peo- report false claims, and to recoup from aiding and abetting U.S. tax eva- ple of Afghanistan. Of the 105 struc- losses resulting from fraud below sion. tures they erected before their work $150,000. A tax haven is a foreign jurisdiction was stopped, 103 suffered roof collapses I believe this summary shows how that maintains corporate, bank, and after the first snowfall. Here was a case the Accountability in Government tax secrecy laws and industry practices that combined a waste of taxpayer Contracting Act of 2007 combines prac- that make it very difficult for other funds, damage to the U.S. image we tical, workable, and targeted reforms countries to find out whether their were trying to enhance, and an actual to improve a complex process that ex- citizens are using the tax haven to danger to the people we were trying to pends hundreds of billions of taxpayer cheat on their taxes. In effect, tax ha- help. dollars every year. It will pay recur- vens sell secrecy to attract clients to This bill requires the Administrator ring dividends for years to come in their shores. They peddle secrecy the of USAID to revise the strategy for the higher-quality proposals, in more effi- way other countries advertise high agency’s assistance program in Afghan- ciently administered projects, and in quality services. That secrecy is used istan to include measurable goals, spe- better results for our citizens. I urge to cloak tax evasion and other mis- cific time frames, resource levels, de- my colleagues to support it. conduct, and it is that offshore secrecy lineated responsibilities, external fac- that is targeted in our bill. tors bearing on success, and a schedule By Mr. LEVIN (for himself, Mr. Abusive tax shelters are another tar- for program evaluations. All of these COLEMAN, and Mr. OBAMA): get. Abusive tax shelters are com- things should have been done from the S. 681. A bill to restrict the use off- plicated transactions promoted to pro- outset, not after billions in Federal shore tax havens and abusive tax shel- vide tax benefits unintended by the tax funds were expended. ters to inappropriately avoid Federal code. They are very different from le- Title II of the bill introduces tar- taxation, and for other purposes; to the gitimate tax shelters, such as deduct- geted reforms of the Inspector General Committee on Finance. ing the interest paid on your home system. IGs play a vital role in pre- Mr. LEVIN. Mr. President, offshore mortgage or Congressionally approved venting and detecting waste, fraud, and tax haven and tax shelter abuses are tax deductions for building affordable abuse. We must attract more of these undermining the integrity of our tax housing. Some abusive tax shelters in- specialists to government service, and system, robbing the Treasury of more volve complicated domestic trans- make the career attractive. than $100 billion each year, and shift- actions; others make use of offshore One vital provision in our bill might ing the tax burden from high income shenanigans. All abusive tax shelters appear to run counter to that aim but persons and companies onto the backs are marked by one characteristic: the provision, in fact, preserves the of middle income families. We can shut there is no real economic or business independence of our Inspector Gen- down a lot of these abuses if we have rationale other than tax avoidance. As erals. It prohibits IGs from accepting the political will. That’s why I am in- Judge Learned Hand wrote in Gregory any cash award or cash bonus from the troducing today, along with Senators v. Helvering, they are ‘‘entered upon agency that they are auditing or inves- NORM COLEMAN and BARACK OBAMA, the for no other motive but to escape tax- tigating. This codifies the honorable Stop Tax Haven Abuse Act which offers ation.’’ practice of most IGs of declining to ac- powerful new tools to do just that. Abusive tax shelters are usually cept such awards because of the inher- We all know there are billions of dol- tough to prosecute. Crimes such as ter- ent conflict of interest they present. lars in taxes that are owed but not paid rorism, murder, and fraud produce in- The balancing mechanism for that each year. It’s called the tax gap. The stant recognition of the immorality in- prohibition is to increase the salaries latest estimate is $345 billion in unpaid volved. Abusive tax shelters, by con- of Presidentially appointed IGs from taxes each year owed by individuals, trast, are often ‘‘MEGOs,’’ meaning Senior Executive Service Level III to corporations, and other organizations ‘‘My Eyes Glaze Over.’’ Those who cook Level IV. This also corrects a common willing to rob Uncle Sam and offload up these concoctions count on their anomaly wherein Deputy IGs collecting their tax burden onto the backs of hon- complexity to escape scrutiny and pub- performance pay earn more than their est taxpayers. We also estimate that, lic ire. But regardless of how com- supervising IG. The bill removes the in- of that $345 billion annual tax gap, off- plicated or eye-glazing, the hawking of

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4602 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 abusive tax shelters by tax profes- major shareholders in the relevant porations were in tax havens. A study sionals like accountants, bankers, in- companies. released by the journal Tax Notes in vestment advisers, and lawyers to The Subcommittee was able to trace September 2004 found that American thousands of people like late-night, more than $700 million in stock option companies were able to shift $149 bil- cut-rate TV bargains is scandalous, and proceeds that the brothers invested in lion of profits to 18 tax haven countries we need to stop it. Hiding tax schemes various ventures they controlled, in- in 2002, up 68 percent from $88 billion in through offshore companies and bank cluding two hedge funds, an energy 1999. accounts in tax havens with secrecy company, and an offshore insurance Here’s just one simplified example of laws also needs to be stopped cold. It’s firm. They also used the offshore funds the gimmicks being used by corpora- up to Congress to do just that. to purchase real estate, jewelry, and tions to transfer taxable income from Today, I would like to take some artwork for themselves and their fam- the United States to tax havens to es- time to cut through the haze of these ily members, claiming they could use cape taxation. Suppose a profitable schemes to describe them for what these offshore dollars to advance their U.S. corporation establishes a shell they really are and explain what our personal and business interests without corporation in a tax haven. The shell bill would do to stop them. First, I will having to pay any taxes on the offshore corporation has no office or employees, look at our investigation into offshore income. The Wylys were able to carry just a mailbox address. The U.S. parent tax havens and discuss the provisions on these tax maneuvers in large part transfers a valuable patent to the shell we have included in this bill to combat because all of their activities were corporation. Then, the U.S. parent and them. Then, I will turn to abusive tax shrouded in offshore secrecy. all of its subsidiaries begin to pay a shelters and our proposed remedies. In another of the case histories, six hefty fee to the shell corporation for For many years, the Permanent Sub- U.S. taxpayers relied on phantom stock use of the patent, reducing its U.S. in- committee on Investigations has been trades between two offshore shell com- come through deducting the patent looking at the problem of offshore cor- panies to generate fake stock losses fees and thus shifting taxable income porate, bank, and tax secrecy laws and which were then used to shelter bil- out of the United States to the shell practices that help taxpayers dodge lions in income. This offshore tax shel- corporation. The shell corporation de- their U.S. tax obligations by pre- ter scheme, known as the POINT Strat- clares a portion of the fees as profit, venting U.S. tax authorities from gain- egy, was devised by Quellos, a U.S. se- but pays no U.S. tax since it is a tax ing access to key financial and bene- curities firm headquartered in Seattle; haven resident. The icing on the cake ficial ownership information. The Tax coordinated with a European financial is that the shell corporation can then Justice Network, an international non- firm known as Euram Advisers; and ‘‘lend’’ the income it has accumulated profit organization dedicated to fight- blessed by opinion letters issued by two from the fees back to the U.S. parent ing tax evasion, recently estimated prominent U.S. law firms, Cravath for its use. The parent, in turn, pays that wealthy individuals worldwide Swaine and Bryan Cave. The two off- ‘‘interest’’ on the ‘‘loans’’ to the shell have stashed $11.5 trillion of their as- shore shell companies at the center of corporation, shifting still more taxable sets in offshore tax havens. At one Sub- the strategy, known as Jackstones and income out of the United States to the committee hearing, a former owner of Barneville, supposedly created a stock tax haven. This example highlights an offshore bank in the Cayman Islands portfolio worth $9.6 billion. However, just a few of the tax haven ploys being testified that he believed 100 percent of no cash or stock transfers ever took used by some U.S. corporations to es- his former bank clients were engaged place. Moreover, the shell companies cape paying their fair share of taxes in tax evasion. He said that almost all that conducted these phantom trades here at home. were from the United States and had are so shrouded in offshore secrecy taken elaborate measures to avoid IRS that no one will admit to knowing who Our Subcommittee’s most recent in- detection of their money transfers. He owns them. One of the taxpayers, Haim vestigation into offshore abuses high- also expressed confidence that the off- Saban, used the scheme to shelter lighted the extent to which offshore se- shore government that licensed his about $1.5 billion from U.S. taxes. An- crecy rules make it possible for tax- bank would vigorously defend client se- other, Robert Wood Johnson IV, sought payers to participate in illicit activity crecy in order to continue attracting to shelter about $145 million. Both with little fear of getting caught. business. have since agreed to settle with the Through a series of case studies, the In a hearing held in August 2006, the IRS. Subcommittee showed how U.S. tax- Subcommittee released a staff report The persons examined by the Sub- payers, with the help of offshore serv- with six case studies describing how committee are far from the only U.S. ice providers, financial institutions, U.S. individuals are using offshore tax taxpayers engaging in these types of and sometimes highly credentialed tax havens to evade U.S. taxes. In one case, offshore tax abuses. Recent estimates professionals, set up entities in such two brothers from Texas, Sam and are that U.S. individuals are using off- secrecy jurisdictions as the Isle of Man, Charles Wyly, established 58 offshore shore tax schemes to avoid payment of the Cayman Islands, and the island of trusts and corporations, and operated $40 to $70 billion in taxes each year. Nevis, claimed these offshore entities them for more than 13 years without Corporations are also using tax ha- were independent but, in fact, con- alerting U.S. authorities. To move vens to avoid payment of U.S. taxes. A trolled them through compliant off- funds abroad, the brothers transferred recent IRS study estimates that U.S. shore trustees, officers, directors, and over $190 million in stock option com- corporations use offshore tax havens to corporate administrators. Because of pensation they had received from U.S. avoid about $30 billion in U.S. taxes the offshore secrecy laws and practices, publicly traded companies to the off- each year. A GAO report I released these offshore service providers could shore corporations. They claimed that with Senator DORGAN in 2004 found that and did go to extraordinary lengths to they did not have to pay tax on this nearly two-thirds of the top 100 compa- protect their U.S. clients’ identities compensation, because, in exchange, nies doing business with the United and financial information from U.S. the offshore corporations provided States government had one or more tax and regulatory authorities, making them with private annuities which subsidiaries in a tax haven. One com- it extremely difficult, if not impos- would not begin to make payments to pany, Tyco International, had 115. sible, for U.S. law enforcement authori- them until years later. In the mean- Enron, in its heyday, had over 400 Cay- ties to get the information they need time, the brothers directed the offshore man subsidiaries. to enforce U.S. tax laws. corporations to cash in the stock op- Data released by the Commerce De- The extent of the offshore tax abuses tions and start investing the money. partment further demonstrates the ex- documented by the Subcommittee dur- The brothers failed to disclose these tent of U.S. corporate use of tax ha- ing this last year intensified our deter- offshore stock transactions to the SEC vens, indicating that, as of 200l, almost mination to find new ways to combat despite their position as directors and half of all foreign profits of U.S. cor- offshore secrecy and restore the ability

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00026 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4603 of U.S. tax enforcement to pursue off- transmitting ‘‘requests’’ to the off- sumption that a financial account con- shore tax cheats. I’d now like to de- shore personnel who retain the formal trolled by a U.S. taxpayer in a foreign scribe the key measures in the Stop right to make the decisions, even country contains enough money— Tax Havens Act being introduced though the offshore personnel always $10,000—to trigger an existing statu- today, which includes the use of pre- do as they are asked. tory reporting threshold and allow the sumptions to overcome offshore se- The Subcommittee case histories il- IRS to assert the minimum penalty for crecy barriers, special measures to lustrate what the tax literature and nondisclosure of the account by the combat persons who impede U.S. tax law enforcement experience have taxpayer. enforcement, and greater disclosure of shown for years: that the business In addition, the bill would establish offshore transactions. model followed in all offshore secrecy two evidentiary presumptions applica- Our last Subcommittee staff report jurisdictions is for compliant trustees, ble to civil proceedings to enforce U.S. provided six case histories detailing corporate administrators, and financial securities laws. One would specify that how U.S. taxpayers are using offshore institutions to provide a veneer of if a director, officer, or major share- tax havens to avoid payment of the independence while ensuring that their holder of a U.S. publicly traded cor- taxes they owe. These case histories U.S. clients retain complete and unfet- poration were associated with an off- examined an Internet based company tered control over ‘‘their’’ offshore as- shore entity, that person would be pre- that helps persons obtain offshore enti- sets. That’s the standard operating sumed to control that offshore entity. ties and accounts; U.S. promoters that procedure offshore. Offshore service The second provides that securities designed complex offshore structures providers pretend to own or control the nominally owned by an offshore entity to hide client assets, even providing offshore trusts, corporations, and ac- are presumed to be beneficially owned clients with a how-to manual for going counts they help establish, but what by any U.S. person who controlled the offshore; U.S. taxpayers who diverted they really do is whatever their clients offshore entity. business income offshore through tell them to do. In truth, the independ- These presumptions are rebuttable, phony loans and invoices; a one-time ence of offshore entities is a legal fic- which means that the U.S. person who tax dodge that deducted phantom off- tion, and it is past time to pull back is the subject of the proceeding could shore stock losses from real U.S. stock the curtain on the reality hiding be- provide clear and convincing evidence income to shelter that income from hind the legal formalities. to show that the presumptions were U.S. taxes; and the 13-year offshore em- The reality behind these offshore factually inaccurate. To rebut the pre- pire built by Sam and Charles Wyly. practices makes a mockery of U.S. sumptions, a taxpayer could establish, Each of these case histories presented laws that normally view trusts and for example, that an offshore corpora- the same fact pattern in which the U.S. corporations as independent entities. tion really was controlled by an inde- taxpayer, through lawyers, banks, or They invite game-playing and tax eva- pendent third party, or that money other representatives, set up offshore sion. To combat these offshore abuses, sent from an offshore account really trusts, corporations, or other entities our bill takes them head on in a num- represented a nontaxable gift instead which had all the trappings of inde- ber of ways. of taxable income. If the taxpayer pendence but, in fact, were controlled The first section of our bill, Section wished to introduce evidence from a by the U.S. taxpayer whose directives 101, tackles this issue by creating sev- foreign person, such as an offshore were implemented by compliant off- eral rebuttable evidentiary presump- banker, corporate officer, or trust ad- shore personnel acting as the trustees, tions that would strip the veneer of ministrator, to establish those facts, officers, directors or nominee owners of independence from the U.S. person in- that foreign person would have to actu- the offshore entities. volved with offshore entities, trans- ally appear in the proceeding in a man- In the case of the Wylys, the brothers actions, and accounts, unless that U.S. ner that would permit cross examina- and their representatives commu- person presents clear and convincing tion in order for the taxpayer to rebut nicated Wyly directives to a so-called evidence to the contrary. These pre- the presumption. A simple affidavit trust protector who then relayed the sumptions would apply only in civil ju- from an offshore resident who refused directives to the offshore trustees. In dicial or administrative tax or securi- to submit to cross examination in the the 13 years examined by the Sub- ties enforcement proceedings exam- United States would be insufficient. committee, the offshore trustees never ining transactions, entities, or ac- There are several limitations on once rejected a Wyly request and never counts in offshore secrecy jurisdic- these presumptions to ensure their op- once initiated an action without Wyly tions. These presumptions would put eration is fair and reasonable. First, approval. They simply did what they the burden of producing evidence from the evidentiary rules in criminal cases were told. A U.S. taxpayer in another the offshore secrecy jurisdiction on the would not be affected by this bill which case history told the Subcommittee taxpayer who chose to do business would apply only to civil proceedings. that the offshore personnel who nomi- there, and who has access to the infor- Second, because the presumptions nally owned and controlled his offshore mation, rather than on the Federal apply only in enforcement ‘‘pro- entities, in fact, always followed his di- Government which has little or no ceedings,’’ they would not directly af- rections, describing himself as the practical ability to get the informa- fect, for example, a person’s reporting ‘‘puppet master’’ in charge of his off- tion. The creation of these presump- obligations on a tax return or SEC fil- shore holdings. When the Sub- tions implements a bipartisan rec- ing. The presumptions would come into committee discussed these case his- ommendation in the August 2006 Sub- play only if the IRS or SEC were to tories with financial administrators committee report on tax haven abuses. challenge a matter in a formal pro- from the Isle of Man, they explained The bill would establish three evi- ceeding. Third, the bill does not apply that none of the offshore personnel dentiary presumptions that could be the presumptions to situations where were engaged in any wrongdoing, be- used in a civil tax enforcement pro- either the U.S. person or the offshore cause their laws permit foreign clients ceeding: (1) a presumption that a U.S. entity is a publicly traded company, to transmit detailed, daily instructions taxpayer who ‘‘formed, transferred as- because in those situations, even if a to offshore service providers on how to sets to, was a beneficiary of, or re- transaction were abusive, IRS and SEC handle offshore assets, so long as it is ceived money or property’’ from an off- officials are generally able to obtain the offshore trustee or corporate offi- shore entity, such as a trust or cor- access to necessary information. cer who gives the final order to buy or poration, is in control of that entity; Fourth, the bill recognizes that certain sell the assets. They explained that, (2) a presumption that funds or other classes of offshore transactions, such under their law, an offshore entity is property received from offshore are as corporate reorganizations, may not considered legally independent from taxable income, and that funds or present a potential for abuse, and ac- the person directing its activities so other property transferred offshore cordingly authorizes Treasury and the long as that person follows the form of have not yet been taxed; and (3) a pre- Securities and Exchange Commission

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00027 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4604 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 to issue regulations or guidance identi- advantage provided by offshore secrecy The bill would authorize Treasury to fying such classes of transactions, to laws that for too long have enabled use that same tool to require U.S. fi- which the presumptions would then not U.S. persons to conceal their mis- nancial institutions to take the same apply. conduct offshore and game U.S. law en- special measures against foreign juris- An even more fundamental limita- forcement. These presumptions would dictions or financial institutions found tion on the presumptions is that they allow U.S. law enforcement to estab- by Treasury to be ‘‘impeding U.S. tax would apply only to transactions, ac- lish what we all know from experience enforcement.’’ Treasury could, for ex- counts, or entities in offshore jurisdic- is normally the case in an offshore ju- ample, in consultation with the IRS, tions with secrecy laws or practices risdiction—that a U.S. person associ- Secretary of State, and the Attorney that unreasonably restrict the ability ated with an offshore entity controls General, require U.S. financial institu- of the U.S. government to get needed that entity; that money and property tions that have correspondent accounts information and which do not have ef- sent to or from an offshore entity in- for a designated foreign bank to fective information exchange programs volves taxable income; and that an off- produce information on all of that for- with U.S. law enforcement. The bill re- shore account that wasn’t disclosed to eign bank’s customers. Alternatively, quires the Secretary of the Treasury to U.S. authorities should have been. U.S. Treasury could prohibit U.S. financial identify those offshore secrecy jurisdic- law enforcement can establish these institutions from opening accounts for tions, based upon the practical experi- facts presumptively, without having to a designated foreign bank, thereby cut- ence of the IRS in obtaining needed in- pierce the secrecy veil. At the same ting off that foreign bank’s access to formation from the relevant country. time, U.S. persons who chose to trans- the U.S. financial system. These types To provide a starting point for Treas- act their affairs through an offshore se- of sanctions could be as effective in ury, the bill presents an initial list of crecy jurisdiction are given the oppor- ending the worst tax haven abuses as 34 offshore secrecy jurisdictions. This tunity to lift the veil of secrecy and they have been in curbing money laun- list is taken from actual IRS court fil- demonstrate that the presumptions are dering. ings in numerous, recent court pro- factually wrong. In addition to extending Treasury’s We believe these evidentiary pre- ceedings in which the IRS sought per- ability to impose special measures sumptions will provide U.S. tax and se- mission to obtain information about against foreign entities impeding U.S. curities law enforcement with powerful U.S. taxpayers active in the named ju- tax enforcement, the bill would add one new tools to shut down tax haven risdictions. The bill thus identifies the new measure to the list of possible abuses. same jurisdictions that the IRS has al- Section 102 of the bill is another in- sanctions that could be applied to for- ready named publicly as probable loca- novative approach to combating tax eign entities: it would allow Treasury tions for U.S. tax evasion. Federal haven abuses. This section would build to instruct U.S. financial institutions courts all over the country have con- upon existing Treasury authority to not to authorize or accept credit card sistently found, when presented with apply an array of sanctions to counter transactions involving the designated the IRS list and supporting evidence, specific foreign money laundering foreign jurisdiction or financial insti- that the IRS had a reasonable basis for threats by extending that same author- tution. Denying tax haven banks the concluding that U.S. taxpayers with fi- ity to counter specific foreign tax ad- ability to issue credit cards for use in nancial accounts in those countries ministration threats. the United States, for example, would presented a risk of tax noncompliance. In 2001, the PATRIOT Act gave be a powerful new way to stop U.S. tax In every case, the courts allowed the Treasury the authority under 31 U.S.C. cheats from obtaining access to funds IRS to collect information about ac- 5318A to require domestic financial in- hidden offshore. counts and transactions in the listed stitutions and agencies to take special Section 103 of the bill addresses an- offshore jurisdictions. measures with respect to foreign juris- other problem faced by the IRS in The bill also provides Treasury with dictions, financial institutions, or cases involving offshore jurisdictions— the authority to add or remove juris- transactions found to be of ‘‘primary completing audits in a timely fashion dictions from the initial list so that money laundering concern.’’ Once when the evidence needed is located in the list can change over time and re- Treasury designates a foreign jurisdic- a jurisdiction with strict secrecy laws. flect the actual record of experience of tion or financial institution to be of Currently, in the absence of fraud or the United States in its dealings with primary money laundering concern, some other exception, the IRS has 3 specific jurisdictions around the world. Section 5318A allows Treasury to im- years from the date a return is filed to The bill provides two tests for Treas- pose a range of requirements on U.S. fi- complete an audit and assess any addi- ury to use in determining whether a ju- nancial institutions in their dealings tional tax. Because offshore secrecy risdiction should be identified as an with the designated entity—from re- laws slow down, and sometimes im- ‘‘offshore secrecy jurisdiction’’ trig- quiring U.S. financial institutions, for pede, efforts by the United States to gering the evidentiary presumptions: example, to provide greater informa- obtain offshore financial and beneficial (1) whether the jurisdiction’s secrecy tion than normal about transactions ownership information, the bill gives laws and practices unreasonably re- involving the designated entity, to pro- the IRS an extra 3 years to complete strict U.S. access to information, and hibiting U.S. financial institutions an audit and assess a tax on trans- (2) whether the jurisdiction maintains from opening accounts for that foreign actions involving an offshore secrecy a tax information exchange process entity. jurisdiction. Of course, in the event with the United States that is effective This PATRIOT Act authority has that a case turns out to involve actual in practice. been used sparingly, but to telling ef- fraud, this provision of the bill is not If offshore jurisdictions make a deci- fect. In some instances Treasury has intended to limit the rule giving the sion to enact secrecy laws and support employed special measures against an IRS unlimited time to assess tax in industry practices furthering cor- entire country, such as Burma, to stop such cases. porate, financial, and tax secrecy, its financial institutions from laun- Tax haven abuses are shrouded in se- that’s their business. But when U.S. dering funds through the U.S. financial crecy. Section 104 attempts to pierce taxpayers start using those offshore se- system. More often, however, Treasury that secrecy by creating two new dis- crecy laws and practices to evade U.S. has used the authority surgically, closure mechanisms requiring third taxes to the tune of $100 billion per against a single problem financial in- parties to report on offshore trans- year, that’s our business. We have a stitution, to stop laundered funds from actions undertaken by U.S. persons. right to enforce our tax laws and to ex- entering the United States. The provi- The first disclosure mechanism fo- pect that other countries will not help sion has clearly succeeded in giving cuses on U.S. financial institutions U.S. tax cheats achieve their ends. Treasury a powerful tool to protect the that open a U.S. account in the name The aim of the presumptions created U.S. financial system from money of an offshore entity, such as an off- by the bill is to eliminate the unfair laundering abuses. shore trust or corporation, and learn

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00028 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4605 from an anti-money laundering due already required to perform anti- ploited by tax cheats and that need to diligence review, that a U.S. person is money laundering due diligence for ac- be shut down. the beneficial owner behind that off- counts opened by offshore shell enti- The bill would make several changes shore entity. In the Wyly case history ties. The bill would instead require to close these loopholes. First, our in- examined by the Subcommittee, for ex- U.S. financial institutions to act on vestigation showed that U.S. taxpayers ample, three major U.S. financial insti- what they already know by filing a 1099 exercising control over a supposedly tutions opened dozens of accounts for form with the IRS. independent foreign trust commonly offshore trusts and corporations which The second disclosure mechanism used the services of a liaison, called a they knew were associated with the created by Section 104 targets U.S. fi- trust ‘‘protector’’ or ‘‘enforcer,’’ to Wyly family. nancial institutions that open foreign convey their directives to the sup- Under current anti-money laundering bank accounts or set up offshore cor- posedly independent offshore trustees. law, all U.S. financial institutions are porations, trusts, or other entities for A trust protector is typically author- supposed to know who is behind an ac- their U.S. clients. Our investigations ized to replace a foreign trustee at will count opened in the name of, for exam- have shown that it is common for pri- and to advise the trustees on a wide ple, an offshore shell corporation or vate bankers and brokers in the United range of trust matters, including the trust. They are supposed to obtain this States to provide these services to handling of trust assets and the nam- information to safeguard the U.S. fi- their wealthy clients, so that the cli- ing of trust beneficiaries. In cases ex- nancial system against misuse by ter- ents do not even need to leave home to amined by the Subcommittee, the trust rorists, money launderers, and other set up an offshore structure. The off- protector was often a friend, business criminals. shore entities can then open both off- associate, or employee of the U.S. per- Under current tax law, a bank or se- shore and U.S. accounts and supposedly son exercising control over the foreign curities broker that opens an account be treated as foreign account holders trust. Section 105 provides that, for tax for a U.S. person is also required to for tax purposes. purposes, any powers held by a trust give the IRS a 1099 form reporting any A Subcommittee investigation protector shall be attributed to the capital gains earned on the account. learned, for example, that Citibank trust grantor. However, the bank or securities broker Private Bank routinely offered to its A second problem addressed by our need not file a 1099 form if the account clients private banking services which bill involves U.S. taxpayers who estab- is owned by a foreign entity not sub- included establishing one or more off- lish foreign trusts for the benefit of ject to U.S. tax law. Problems arise shore shell corporations—which it their families in an effort to escape when an account is opened in the name called Private Investment Corpora- U.S. tax on the accumulation of trust of an offshore entity that the bank or tions or PICs—in jurisdictions like the income. Foreign trusts can accumulate broker knows, from its anti-money Cayman Islands. The paperwork to income tax free for many years. Pre- laundering review, is owned or con- form the PIC was typically completed vious amendments to the foreign trust trolled by a U.S. person. The U.S. per- by a Citibank affiliate located in the rules have addressed the taxation prob- son should be filing a tax return with jurisdiction, such as Cititrust, which is lem by basically disregarding such the IRS reporting the income of the a Cayman trust company. Cititrust trusts and taxing the trust income to ‘‘controlled foreign corporation.’’ How- could then help the PIC open offshore the grantors as it is earned. However, ever, since he or she knows it is dif- accounts, while Citibank could help the as currently written, this taxation rule ficult for the IRS to connect an off- PIC open U.S. accounts. applies only to years in which the for- shore accountholder to a particular Section 104 would require any U.S. fi- eign trust has a named ‘‘U.S. bene- taxpayer, he or she may feel safe in not nancial institution that directly or in- ficiary.’’ In response, to avoid the reporting that income. That compla- directly opens a foreign bank account reach of the rule, some taxpayers have cency might change, however, if the or establishes a foreign corporation or begun structuring their foreign trusts U.S. person knew that the bank or other entity for a U.S. customer to re- so that they operate with no named broker who opened the account and port that action to the IRS. The bill U.S. beneficiaries. learned of the connection had a legal authorizes the regulators of banks and For example, the Subcommittee’s in- obligation to report any account in- securities firms, as well as the IRS, to vestigation into the Wyly trusts dis- come to the IRS. enforce this filing requirement. Exist- covered that the foreign trust agree- Under current law, the way the regu- ing tax law already requires U.S. tax- ments had only two named bene- lations are written and typically inter- payers that take such actions to report ficiaries, both of which were foreign preted, the bank or broker can treat them to the IRS, but many fail to do charities, but also gave the offshore the foreign account holder as an inde- so, secure in the knowledge that off- trustees ‘‘discretion’’ to name bene- pendent entity separate from the U.S. shore secrecy laws limit the ability of ficiaries in the future. The offshore person, even if it knows that the for- the IRS to find out about the establish- trustees had been informed in a letter eign corporation is merely holding ment of new offshore accounts and en- of wishes from the Wyly brothers that title to the account for the U.S. person, tities. That’s why our bill turns to a the trust assets were to go to their who exercises complete authority over third party—the financial institution— children after death. The trustees also the corporation and benefits from any to disclose the information. Placing knew that the trust protector selected capital gains earned on the account. this third party reporting requirement by the Wylys had the power to replace Current law thus arguably imposes no on the private banks and brokers will them if they did not comply with the duty on the bank or broker to file a make it more difficult for U.S. clients Wylys’ instructions. In addition, dur- 1099 form disclosing the account to the to hide these transactions. ing the life of the Wyly brothers, and IRS. Section 105 of our bill strengthens in accordance with instructions sup- The bill would strengthen current the ability of the IRS to stop offshore plied by the trust protector, the off- law by expressly requiring a bank or trust abuses by making narrow but im- shore trustees authorized millions of broker that knows, as a result of its portant changes to the Revenue Code dollars in trust income to be invested anti-money laundering due diligence or provisions dealing with taxation of for- in Wyly business ventures and spent on otherwise, that a U.S. person is the eign trusts. The rules on foreign trust real estate, jewelry, artwork, and other beneficial owner of a foreign entity taxation have been significantly goods and services used by the Wylys that opened the account, to disclose strengthened over the past 30 years to and their families. The Wylys plainly that account to the IRS by filing a 1099 the point where they now appear ade- thought they had found a legal loop- form reporting account income. This quate to prevent or punish many of the hole that would let them enjoy and di- reporting obligation would not require more serious abuses. However, the Sub- rect the foreign trust assets without banks or brokers to gather any new in- committee’s 2006 investigation found a any obligation to pay taxes on the formation—financial institutions are few loopholes that are still being ex- money they used.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00029 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4606 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 To stop such foreign trust abuses, the retary to issue regulations exempting were unaware of those holdings and the bill would make it impossible to pre- two types of legal opinions from the relationships between the offshore en- tend that this type of foreign trust has application of this section. First, the tities and the Wyly brothers. no U.S. beneficiaries. The bill would Treasury Secretary could exempt all Corporate insiders and public compa- shut down the loophole by providing legal opinions that have a confidence nies are already obligated by current that: (1) any U.S. person actually bene- level substantially above the more- law to disclose share holdings and fiting from a foreign trust is treated as likely-than-not level, such as opinions transactions of offshore entities affili- a trust beneficiary, even if they are not which express confidence that a pro- ated with a company director, officer, named in the trust instrument; (2) fu- posed tax arrangement ‘‘should’’ with- or major shareholder. Current pen- ture or contingent U.S. beneficiaries stand an IRS challenge. ‘‘More-likely- alties, however, appear insufficient to are treated the same as current bene- than-not’’ opinion letters are normally ensure compliance in light of the low ficiaries; and (3) loans of foreign trust viewed as expressing confidence that a likelihood that U.S. authorities will assets or property such as real estate, tax arrangement has at least a 50 per- learn what went on in an offshore juris- jewelry and artwork (in addition to cent chance of surviving IRS review, diction. To address this problem, our loans of cash or securities already cov- while a ‘‘should’’ opinion is normally bill would establish a new monetary ered by current law) are treated as viewed as expressing a confidence level penalty of up to $1 million for persons trust distributions for tax purposes. of 70 to 75 percent. This first exemption who knowingly fail to disclose offshore Section 106 of the bill takes aim at is intended to ensure that legal opin- holdings and transactions in violation legal opinions that are used to try to ions on arrangements that are highly of U.S. securities laws. immunize taxpayers against penalties likely to survive IRS review would con- The Subcommittee’s August 2006 in- for tax shelter transactions with off- tinue to shield taxpayers from the 20 vestigation showed that the Wyly shore elements. The Subcommittee in- percent penalty. Second, the Treasury brothers used two hedge funds and a vestigations have found that tax prac- Secretary could exempt legal opinions private equity fund controlled by them titioners sometimes tell potential cli- addressing classes of transactions, such to funnel millions of untaxed offshore ents that they can invest in an offshore as corporate reorganizations, that do dollars into U.S. investments. In addi- tax scheme without fear of penalty, be- not present the potential for abuse. tion, that and earlier investigations cause they will be given a legal opinion These exemptions would ensure that provide extensive evidence on the role that will shield the taxpayer from any taxpayers who obtain legal opinions for played by U.S. company formation imposition of the 20 percent accuracy these classes of transactions would also agents in assisting U.S. persons to set related penalties in the tax code. Cur- be protected from tax code penalties. up offshore structures. Moreover, a rent law does, in fact, allow taxpayers In addition to tax abuses, last year’s Subcommittee hearing in November to escape these penalties if they can Subcommittee investigation of the 2006 disclosed that U.S. company for- produce a legal opinion letter stating Wyly case history uncovered a host of mation agents are forming U.S. shell that the tax arrangement in question troubling transactions involving U.S. companies for numerous unidentified is ‘‘more likely than not’’ to survive securities held by the 58 offshore trusts foreign clients. Some of those U.S. challenge by the IRS. The problem and corporations associated with the shell companies were later used in il- with such opinions where part of the two Wyly brothers. The offshore enti- licit activities, including money laun- transaction occurs in an offshore se- ties had obtained these securities by dering, terrorist financing, drug crecy jurisdiction is that critical as- exercising about $190 million in stock crimes, tax evasion, and other mis- sumptions of the opinions are often options provided to them by the Wylys. conduct. Because hedge funds, private based on offshore events, transactions The Wylys had obtained these stock equity funds, and company formation and facts that are hidden and cannot be options as compensation from three agents are as vulnerable as other finan- easily ascertained by the IRS. Legal U.S. publicly traded corporations at cial institutions to money launderers opinions based on such assumptions which they were directors and major seeking entry into the U.S. financial should be understood by any reason- shareholders. system, the bill contains two provi- able person to be inherently unreliable. The investigation found that the sions aimed at ensuring that these The bill therefore provides that, for Wylys generally did not report the off- groups know their clients and do not any transaction involving an offshore shore entities’ stock holdings or trans- accept or transmit suspect funds into secrecy jurisdiction, the taxpayer actions in their SEC filings, on the the U.S. financial system. would need to have some other basis, ground that the 58 offshore trusts and Currently, unregistered investment independent of the legal opinion, to corporations functioned as independent companies, such as hedge funds and show that there was reasonable cause entities, even though the Wylys contin- private equity funds, are the only class to claim the tax benefit. The ‘‘more ued to direct the entities’ investment of financial institutions under the likely than not’’ opinion would no activities. The public companies where Bank Secrecy Act that transmit sub- longer be sufficient in and of itself to the Wylys were corporate insiders also stantial offshore funds into the United shield a taxpayer from all penalties if failed to include in their SEC filings States, yet are not required by law to an offshore secrecy jurisdiction is in- information about the company shares have anti-money laundering programs, volved. This provision, which is based held by the offshore entities, even including Know Your Customer, due upon a suggestion made by IRS Com- though the companies knew of their diligence procedures. There is no rea- missioner Mark Everson at our August close relationship to the Wylys, that son why this growing sector of our fi- hearing, is intended to force taxpayers the Wylys had provided the offshore en- nancial services industry should con- to think twice about entering into an tities with significant stock options, tinue to serve as a gateway into the offshore scheme and to stop thinking and that the offshore entities held U.S. financial system for monies of un- that an opinion by a lawyer is all they large blocks of the company stock. On known origin. The Treasury Depart- need to escape any penalty for non- other occasions, the public companies ment proposed anti-money laundering payment of taxes owed. By making this and various financial institutions regulations for these groups in 2002, but change, we would also provide an in- failed to treat the shares held by the has not yet finalized them, even centive for taxpayers to understand offshore entities as affiliated stock, though the principal hedge fund trade and document the complete facts of the even though they were aware of the off- association supports the issuance of offshore aspects of a transaction before shore entities’ close association with federal anti-money laundering regula- claiming favorable tax treatment. the Wylys. The investigation also tions. Our bill would require Treasury To ensure that this section does not found that, because both the Wylys and to issue final regulations within 180 impede legitimate business arrange- the public companies had failed to dis- days of the enactment of the bill. ments in offshore secrecy jurisdictions, close the holdings of the offshore enti- Treasury would be free to work from the bill authorizes the Treasury Sec- ties, for l3 years federal regulators its existing proposal, but the bill would

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00030 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4607 also require the final regulations to di- In recent years, the IRS has used of John Doe summons, the bill would rect hedge funds and private equity John Doe summonses to obtain infor- authorize the IRS to present an inves- funds to exercise due diligence before mation about taxpayers operating in tigative project, as a whole, to a single accepting offshore funds and to comply offshore secrecy jurisdictions. For ex- judge to obtain approval for issuing with the same procedures as other fi- ample, the IRS has obtained court ap- multiple summons related to that nancial institutions if asked by federal proval to issue John Doe summonses to project. In such cases, the court would regulators to produce records kept off- credit card associations, credit card retain jurisdiction over the case after shore. processors, and credit card merchants, approval is granted, to exercise ongo- In addition, the bill would add com- to obtain information about taxpayers ing oversight of IRS issuance of sum- pany formation agents to the list of using credit cards issued by offshore monses under the project. To further persons subject to the anti-money banks. This information has led to strengthen court oversight, the IRS laundering obligations of the Bank Se- many successful cases in which the IRS would be required to file a publicly crecy Act. For the first time, those en- identified funds hidden offshore and re- available report with the court on at gaged in the business of forming cor- covered unpaid taxes. least an annual basis describing the porations and other entities, both off- Use of the John Doe summons proc- summonses issued under the project. shore and in the 50 States, would be re- ess, however, has proved unnecessarily The court would retain authority to re- sponsible for knowing the identity of time consuming and expensive. For strict the use of further summonses at the person for whom they are forming each John Doe summons involving an any point during the project. To evalu- the entity. The bill also directs Treas- offshore secrecy jurisdiction, the IRS ate the effectiveness of this approach, ury to develop anti-money laundering has had to establish in court that the the bill would also direct the Govern- regulations for this group. Treasury’s involvement of accounts and trans- ment Accountability Office to report key anti-money laundering agency, the actions in offshore secrecy jurisdic- on the use of the provision after five Financial Crimes Enforcement Net- tions meant there was a significant years. work, testified before the Sub- likelihood of tax compliance problems. Finally, Section 205 of the bill would committee that it was considering To relieve the IRS of the need to make make several changes to Title 31 of the this same proof over and over, the bill drafting such regulations. U.S. Code needed to reflect the IRS’s We expect and intend that, as in the would provide that, in any John Doe new responsibility for enforcing the case of all other entities covered by the summons proceeding involving a class Foreign Bank Account Report (FBAR) Bank Secrecy Act, the regulations defined in terms of accounts or trans- requirements and to clarify the right of issued in response to this bill would in- actions in an offshore secrecy jurisdic- access to Suspicious Activity Reports struct hedge funds, private equity tion, the court may presume that the by IRS civil enforcement authorities. funds, and company formation agents case raises tax compliance issues. This Under present law, a person control- presumption would then eliminate the to adopt risk-based procedures that ling a foreign financial account with need for the IRS to repeatedly estab- would concentrate their due diligence over $10,000 is required to check a box lish in court the obvious fact that ac- efforts on clients that pose the highest on his or her income tax return and, counts, entities, and transactions in- risk of money laundering. under Title 31, also file an FBAR form Section 204 of the bill focuses on one volving offshore secrecy jurisdictions with the IRS. Treasury’s Financial tool used by the IRS in recent years to raise tax compliance issues. Crimes Enforcement Network Second, for a smaller subset of John uncover taxpayers involved in offshore (FinCEN), which normally enforces Doe cases, where the only records tax schemes, known as John Doe sum- Title 31 provisions, recently delegated sought by the IRS are offshore bank monses. The bill would make three to the IRS the responsibility for inves- account records held by a U.S. finan- technical changes to IRS rules gov- cial institution where the offshore tigating FBAR violations and assessing erning the issuance of these sum- bank has an account, the bill would re- FBAR penalties. Because the FBAR en- monses to make their use more effec- lieve the IRS of the obligation to get forcement jurisdiction derives from tive in offshore and other complex in- prior court approval to serve the sum- Title 31, however, and most of the in- vestigations. mons. Again, the justification is that formation available to the IRS is tax A John Doe summons is an adminis- offshore bank records are highly likely return information, IRS routinely en- trative IRS summons used to request to involve accounts that raise tax com- counters difficulties in using available information in cases where the identity pliance issues so no prior court ap- tax information to fulfill its new role of a taxpayer is unknown. In cases in- proval should be required. Even in this as FBAR enforcer. The tax disclosure volving known taxpayers, the IRS may instance, however, if a U.S. financial. law permits the use of tax information issue a summons to a third party to ob- institution were to decline to produce only for the administration of the in- tain information about a U.S. tax- the requested records, the IRS would ternal revenue laws or ‘‘related stat- payer, but must also notify the tax- have to obtain a court order to enforce utes.’’ This rule is presently under- payer who then has 20 days to petition the summons. stood to require the IRS to determine, a court to quash the summons to the Finally, the bill would streamline the at a managerial level and on a case by third party. With a John Doe summons, John Doe summons approval process in case basis, that the Title 31 FBAR law however, IRS does not have the tax- large ‘‘project’’ investigations where is a ‘‘related statute.’’ Not only does payer’s name and does not know where the IRS anticipates issuing multiple this necessitate repetitive determina- to send the taxpayer notice, so the summonses to definable classes of third tions in every FBAR case investigated statute substitutes a procedure in parties, such as banks or credit card by the IRS before each agent can look which the IRS must apply to a court associations, to obtain information re- at the potential non-filer’s income tax for advance permission to serve the lated to particular taxpayers. Right return, but it prevents the use by IRS summons on the third party. To obtain now, for each summons issued in con- of bulk data on foreign accounts re- approval of the summons, the IRS nection with a project, the IRS has to ceived from tax treaty partners to must show the court, in public filings obtain the approval of a court, often compare to FBAR filing records to find to be resolved in open court, that: (1) having to repeatedly establish the non-filers. the summons relates to a particular same facts before multiple judges in One of the stated purposes for the person or ascertainable class of per- multiple courts. This repetitive exer- FBAR filing requirement is that such sons, (2) there is a reasonable basis for cise wastes IRS, Justice Department, reports ‘‘have a high degree of useful- concluding that there is a tax compli- and court resources, and fragments ness in . . . tax . . . investigations or ance issue involving that person or oversight of the overall IRS investiga- proceedings.’’ 31 U. S. C 5311. If one of class of persons, and (3) the informa- tive effort. the reasons for requiring taxpayers to tion sought is not readily available To streamline this process and file FBARs is to use the information from other sources. strengthen court oversight of IRS use for tax purposes, and if IRS is to be

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00031 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4608 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 charged with FBAR enforcement be- sive tax shelters and their promoters and agreed to pay back taxes, interest cause of the FBARs’ connection to who use both domestic and offshore and penalties totaling more than $3.7 taxes, common sense dictates that the means to achieve their ends. Most of billion. That’s billions of dollars the FBAR statute should be considered a these provisions appeared in the Levin- IRS has collected on just one type of related statute for tax disclosure pur- Coleman-Obama bill from the last Con- tax shelter, demonstrating both the poses, and the bill changes the related gress. Some provisions from that bill depth of the problem and the potential statute rule to say that. have been dropped or modified in light for progress. The POINT shelter fea- The second change made by Section of those that were enacted into law. tured in our 2006 hearing involved an- 205 is a technical amendment to the For five years, the Permanent Sub- other $300 million in tax loss on trans- wording of the penalty provision. Cur- committee on Investigations has been actions conducted by just six tax- rently the penalty is determined in conducting investigations into the de- payers. part by the balance in the foreign bank sign, sale, and implementation of abu- The bill we are introducing today account at the time of the ‘‘violation.’’ sive tax shelters. Our first hearing on contains a number of measures to curb The violation is interpreted to have oc- this topic in recent years was held in abusive tax shelters. First, it would curred on the due date of the FBAR re- January 2002, when the Subcommittee strengthen the penalties imposed on turn, which is June 30 of the year fol- examined an abusive tax shelter pur- those who aid or abet tax evasion. Sec- lowing the year to which the report re- chased by Enron. In November 2003, the ond, it would prohibit the issuance of lates. The statute’s use of this specific Subcommittee held two days of hear- tax shelter patents. Several provisions June 30th date can lead to strange re- ings and released a staff report that would deter bank participation in abu- sults if money is withdrawn from the pulled back the curtain on how even sive tax shelter activities by requiring foreign account after the reporting pe- some respected accounting firms, regulators to develop new examination riod closed but before the return due banks, investment advisors, and law procedures to detect and stop such ac- date. To eliminate this unintended firms had become engines pushing the tivities. Others would end outdated problem, the bill would instead gauge design and sale of abusive tax shelters communication barriers between the the penalty by using the highest bal- to corporations and individuals across IRS and other enforcement agencies ance in the account during the report- this country. In February 2005, the such as the SEC, bank regulators, and ing period. Subcommittee issued a bipartisan re- the Public Company Accounting Over- The third part of section 205 relates port that provided further details on sight Board, to allow the exchange of to Suspicious Activity Reports, which the role these professional firms played information relating to tax evasion financial institutions are required to in the proliferation of these abusive cases. The bill also provides for in- file with FinCEN whenever they en- shelters. Our Subcommittee report was creased disclosure of tax shelter infor- counter suspicious transactions. endorsed by the full Committee on mation to Congress. FinCEN is required to share this infor- Homeland Security and Governmental In addition, the bill would simplify mation with law enforcement, but cur- Affairs in April 2005. Most recently, a and clarify an existing prohibition on rently does not permit IRS civil inves- 2006 Subcommittee staff report enti- the payment of fees linked to tax bene- tigators access to the information. tled, ‘‘Tax Haven Abuses: The fits; and authorize Treasury to issue However, if the information that is Enablers, the Tools, and Secrecy,’’ dis- tougher standards for tax shelter opin- gathered and transmitted to Treasury closed how financial and legal profes- ion letters. Finally, the bill would cod- by the financial institutions at great sionals designed and sold yet another ify and strengthen the economic sub- expense is to be effectively utilized, its abusive tax shelter known as the stance doctrine, which eliminates tax use should not be limited to the rel- POINT Strategy, which depended on se- benefits for transactions that have no atively small number of criminal in- crecy laws and practices in the Isle of real business purpose apart from avoid- vestigators, who can barely scratch the Man to conceal the phantom nature of ing taxes. surface of the large number of reports. securities trades that lay at the center Let me be more specific about these In addition, sharing the information of this tax shelter transaction. key provisions to curb abusive tax with civil tax investigators would not The Subcommittee investigations shelters. increase the risk of disclosure, because have found that many abusive tax shel- Title III of the bill strengthens two they operate under the same tough dis- ters are not dreamed up by the tax- very important penalties that the IRS closure rules as the criminal investiga- payers who use them. Instead, most are can use in its fight against the profes- tors. In some cases, IRS civil agents devised by tax professionals, such as sionals who make complex abusive are now issuing an IRS summons to a accountants, bankers, investment advi- shelters possible. Three years ago, the financial institution to get access, for sors, and lawyers, who then sell the tax penalty for promoting an abusive tax a production fee, to the very same in- shelter to clients for a fee. In fact, as shelter, as set forth in Section 6700 of formation the financial institution has our 2003 investigation widened, we the tax code, was the lesser of $1,000 or already filed with Treasury in a SAR. found a large number of tax advisors 100 percent of the promoter’s gross in- The bill changes those anomalous re- cooking up one complex scheme after come derived from the prohibited ac- sults by making it clear that ‘‘law en- another, packaging them up as generic tivity. That meant in most cases the forcement’’ includes civil tax law en- ‘‘tax products’’ with boiler-plate legal maximum fine was just $1,000. forcement. and tax opinion letters, and then un- Many abusive tax shelters sell for Overall, our bill includes a host of in- dertaking elaborate marketing $100,000 or $250,000 apiece. Our inves- novative measures to strengthen the schemes to peddle these products to lit- tigation uncovered some tax shelters ability of Federal regulators to combat erally thousands of persons across the that were sold for as much as $2 mil- offshore tax haven abuses. We believe country. In return, these tax shelter lion or even $5 million apiece, as well these new tools merit Congressional at- promoters were getting hundreds of as instances in which the same cookie- tention and enactment this year if we millions of dollars in fees, while divert- cutter tax opinion letter was sold to are going to begin to make a serious ing billions of dollars in tax revenues 100 or even 200 clients. There are huge dent in the $100 billion in annual lost from the U.S. Treasury each year. profits to be made in this business, and tax revenue from offshore tax abuses For example, one shelter inves- a $1,000 fine is laughable. that forces honest taxpayers to shoul- tigated by the Subcommittee and fea- The Senate acknowledged that in der a greater tax burden than they tured in the 2003 hearings has since be- 2004 when it adopted the Levin-Cole- would otherwise have to bear. come part of an IRS effort to settle man amendment to the JOBS Act, S. Until now, I’ve been talking about cases involving a set of abusive tax 1637, raising the Section 6700 penalty what the bill would do to combat off- shelters known as ‘‘Son of Boss.’’ Fol- on abusive tax shelter promoters to 100 shore tax abuses. Now I want to turn to lowing our hearing, more than 1,200 percent of the fees earned by the pro- what the bill would do to combat abu- taxpayers have admitted wrongdoing moter from the abusive shelter. A 100

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00032 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4609 percent penalty would have ensured If further justification for tough- sufficient public benefit to justify that the abusive tax shelter hucksters ening these penalties is needed, one granting a temporary monopoly to the would not get to keep a single penny of document uncovered by our investiga- patent holder. In the tax arena, how- their ill-gotten gains. That figure, how- tion shows the cold calculation en- ever, there has historically been ample ever, was cut in half in the conference gaged in by a tax advisor facing low incentive for innovation in the form of report, setting the penalty at 50 per- fines. A senior tax professional at ac- the tax savings alone. The last thing cent of the fees earned and allowing counting giant KPMG compared pos- we need is a further incentive for ag- the promoters of abusive shelters to sible tax shelter fees with possible tax gressive tax shelters. That’s why Sec- keep half of their illicit profits. shelter penalties if the firm were tion 303 would prohibit the patenting of While a 50 percent penalty is an obvi- caught promoting an illegal tax shel- any ‘‘invention designed to minimize, ous improvement over $1000, this pen- ter. This senior tax professional wrote avoid, defer, or otherwise affect the li- alty still is inadequate and makes no the following: ‘‘[O]ur average deal ability for Federal, State, local, or for- sense. Why should anyone who pushes would result in KPMG fees of $360,000 eign tax.’’ an illegal tax shelter that robs our with a maximum penalty exposure of Another finding of the Subcommittee Treasury of needed revenues get to only $31,000.’’ He then recommended investigations is that some tax practi- keep half of his ill-gotten gains? What the obvious: going forward with sales tioners are circumventing current deterrent effect is created by a penalty of the abusive tax shelter on a cost- state and federal constraints on charg- that allows promoters to keep half of benefit basis. ing tax service fees that are dependent their fees if caught, and of course, all Section 303 of our bill addresses the on the amount of promised tax bene- of their fees if they are not caught? growing problem of tax shelter patents, fits. Traditionally, accounting firms Effective penalties should make sure which has the potential for signifi- charged flat fees or hourly fees for their tax services. In the 1990s, how- that the peddler of an abusive tax shel- cantly increasing abusive tax shelter ter is deprived of every penny of profit ever, they began charging ‘‘value activities. earned from selling or implementing In 1998, a Federal appeals court ruled added’’ fees based on, in the words of one accounting firm’s manual, ‘‘the the shelter and then is fined on top of for the first time that business meth- value of the services provided, as op- that. Section 301 of this bill would do ods can be patented and, since then, posed to the time required to perform just that by increasing the penalty on various tax practitioners have filed ap- the services.’’ In addition, some firms tax shelter promoters to an amount plications to patent a variety of tax equal to up to 150 percent of the pro- began charging ‘‘contingent fees’’ that strategies. The U.S. Patent Office has moters’ gross income from the prohib- were calculated according to the size of apparently issued 49 tax strategy pat- ited activity. the paper ‘‘loss’’ that could be pro- ents to date, with more on the way. A second penalty provision in the bill duced for a client and used to offset the addresses what our investigations have These patents were issued by patent of- client’s other taxable income the found to be a key problem: the know- ficers who, by statute, have a back- greater the so-called loss, the greater ing assistance of accounting firms, law ground in science and technology, not the fee. firms, banks, and others to help tax- tax law, and know little to nothing In response, many states prohibited payers understate their taxes. In addi- about abusive tax shelters. accounting firms from charging contin- tion to those who meet the definition Issuing these types of patents raises gent fees for tax work to avoid creating of ‘‘promoters’’ of abusive shelters, multiple public policy concerns. Pat- incentives for these firms to devise there are professional firms that aid ents issued for aggressive tax strate- ways to shelter substantial sums. The and abet the use of abusive tax shelters gies, for example, may enable unscru- SEC and the American Institute of Cer- and enable taxpayers to carry out the pulous promoters to claim the patent tified Public Accountants also issued abusive tax schemes. For example, law represents an official endorsement of rules restricting contingent fees, al- firms are often asked to write ‘‘opinion the strategy and evidence that it would lowing them in only limited cir- letters’’ to help taxpayers head off IRS withstand IRS challenge. Patents could cumstances. Recently, the Public Com- questioning and fines that they might be issued for blatantly illegal tax shel- pany Accounting Oversight Board otherwise confront for using an abusive ters, yet remain in place for years, pro- issued a similar rule prohibiting public shelter. Currently, under Section 6701 ducing revenue for the wrongdoers accounting firms from charging contin- of the tax code, these aiders and abet- while the IRS battles the promoters in gent fees for tax services provided to tors face a maximum penalty of only court. Patents for tax shelters found to the public companies they audit. Each $1,000, or $10,000 if the offender is a cor- be illegal by a court would nevertheless of these federal, state, and professional poration. This penalty, too, is a joke. remain in place, creating confusion ethics rules seeks to limit the use of When law firms are getting $50,000 for among users and possibly producing il- contingent fees under certain, limited each of these cookie-cutter opinion let- licit income for the patent holder. circumstances. ters, it provides no deterrent whatso- Another set of policy concerns re- The Subcommittee investigation ever. A $1,000 fine is like a jaywalking lates to the patenting of more routine found that tax shelter fees, which are ticket for robbing a bank. tax strategies. If a single tax practi- typically substantial and sometimes Section 302 of the bill would tioner is the first to discover an advan- exceed $1 million, are often linked to strengthen Section 6701 significantly, tage granted by the law and secures a the amount of a taxpayer’s projected subjecting aiders and abettors to a patent for it, that person could then ef- paper losses which can be used to shel- maximum fine up to 150 percent of the fectively charge a toll for all other tax- ter income from taxation. For exam- aider and abettor’s gross income from payers to use the same strategy, even ple, in four tax shelters examined by the prohibited activity. This penalty though as a matter of public policy all the Subcommittee in 2003, documents would apply to all aiders and abettors, persons ought to be able to take advan- show that the fees were equal to a per- not just tax return preparers. tage of the law to minimize their taxes. centage of the paper loss to be gen- Again, the Senate has recognized the Companies could even patent a legal erated by the transaction. In one case, need to toughen this critical penalty. method to minimize their taxes and the fees were typically set at 7 percent In the 2004 JOBS Act, Sen. Coleman then refuse to license that patent to of the transaction’s generated ‘‘tax and I successfully increased this fine to their competitors in order to prevent loss’’ that clients could use to reduce 100 percent of the gross income derived them from lowering their operating other taxable income. In another, the from the prohibited activity. Unfortu- costs. Tax patents could be used to fee was only 3.5 percent of the loss, but nately, the conference report com- hinder productivity and competition the losses were large enough to gen- pletely omitted this change, allowing rather than foster it. erate a fee of over $53 million on a sin- aiders and abettors to continue to prof- The primary rationale for granting gle transaction. In other words, the it without penalty from their wrong- patents is to encourage innovation, greater the loss that could be con- doing. which is normally perceived to be a cocted for the taxpayer or ‘‘investor,’’

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00033 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4610 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 the greater the profit for the tax pro- pation of financial institutions in tax citing Section 7216, which prohibits tax moter. Think about that—greater the evasion or tax shelter activities. return preparers from disclosing tax- loss, the greater the profit. How’s that During hearings before the Perma- payer information to third parties. for turning capitalism on its head! nent Subcommittee on Investigations Several accounting and law firms In addition, evidence indicated that, on tax shelters in November 2003, IRS raised this claim in response to docu- in at least one instance, a tax advisor Commissioner Everson testified that ment subpoenas issued by the Perma- was willing to deliberately manipulate his agency was barred by Section 6103 nent Subcommittee on Investigations, the way it handled certain tax products of the tax code from communicating contending they were barred by the to circumvent contingent fee prohibi- information to other federal agencies nondisclosure provision in Section 7216 tions. An internal document at an ac- that would assist those agencies in from producing documents related to counting firm related to a specific tax their law enforcement duties. He point- the sale of abusive tax shelters to cli- shelter, for example, identified the ed out that the IRS was barred from ents for a fee. states that prohibited contingent fees. providing tax return information to The accounting and law firms main- Then, rather than prohibit the tax the SEC, federal bank regulators, and tained this position despite an analysis shelter transactions in those states or the Public Company Accounting Over- provided by the Senate legal counsel require an alternative fee structure, sight Board (PCAOB)—even, for exam- showing that the nondisclosure provi- the memorandum directed the firm’s ple, when that information might as- sion was never intended to create a tax professionals to make sure the en- sist the SEC in evaluating whether an privilege or to override a Senate sub- gagement letter was signed, the en- abusive tax shelter resulted in decep- poena, as demonstrated in federal regu- gagement was managed, and the bulk tive accounting in a public company’s lations interpreting the provision. This of services was performed ‘‘in a juris- financial statements, might help the bill would codify the existing regula- diction that does not prohibit contin- Federal Reserve determine whether a tions interpreting Section 7216 and gency fees.’’ bank selling tax products to its clients make it clear that Congressional docu- Right now, the prohibitions on con- had violated the law against promoting ment subpoenas must be honored. tingent fees are complex and must be abusive tax shelters, or help the Section 307 would also ensure Con- evaluated in the context of a patch- PCAOB judge whether an accounting gress has access to information about work of federal, state, and professional firm had impaired its independence by decisions by the Treasury related to an ethics rules. Section 304 of the bill selling tax shelters to its audit clients. organization’s tax exempt status. A would establish a single enforceable A recent example demonstrates how 2003 decision by the D.C. Circuit Court rule, applicable nationwide, that would harmful these information barriers are of Appeals, Tax Analysts v. IRS, struck prohibit tax practitioners from charg- to legitimate law enforcement efforts. down certain IRS regulations and held ing fees calculated according to a pro- In 2004, the IRS offered a settlement that the IRS must disclose letters de- jected or actual amount of tax savings initiative to companies and corporate nying or revoking an organization’s or paper losses. executives who participated in an abu- tax exempt status. The IRS has been The bill would also help fight abusive sive tax shelter involving the transfer reluctant to disclose such information, tax shelters that are disguised as com- of stock options to family-controlled not only to the public, but also to Con- plex investment opportunities and use entities. Over a hundred corporations gress, including in response to requests financing or securities transactions and executives responded with admis- by the Subcommittee. provided by financial institutions. In sions of wrongdoing. In addition to tax For example, in 2005, the IRS revoked reality, tax shelter schemes lack the violations, their misconduct may be the tax exempt status of four credit economic risks and rewards associated linked to securities law violations and counseling firms, and, despite the Tax with a true investment. These phony improprieties by corporate auditors or Analysts case, claimed that it could transactions instead often rely on the banks, but the IRS has informed the not disclose to the Subcommittee the temporary use of significant amounts Subcommittee that it is currently names of the four firms or the reasons of money in low risk schemes barred by law from sharing the names for revoking their tax exemption. Our mischaracterized as real investments. of the wrongdoers with the SEC, bank- bill would make it clear that, upon re- The financing or securities trans- ing regulators, or PCAOB. ceipt of a request from a Congressional actions called for by these schemes are These communication barriers are committee or subcommittee, the IRS often supplied by a bank, securities outdated, inefficient, and ill-suited to must disclose documents, other than a firm, or other financial institution. stopping the torrent of tax shelter tax return, related to the agency’s de- Currently the tax code prohibits fi- abuses now affecting or being promoted termination to grant, deny, revoke or nancial institutions from providing by so many public companies, banks, restore an organization’s exemption products or services that aid or abet and accounting firms. To address this from taxation. tax evasion or that promote or imple- problem, Section 306 of this bill would The Treasury Department recently ment abusive tax shelters. The agen- authorize the Treasury Secretary, with issued new standards for tax practi- cies that oversee these financial insti- appropriate privacy safeguards, to dis- tioners issuing opinion letters on the tutions on a daily basis, however, are close to the SEC, federal banking agen- tax implications of potential tax shel- experts in banking and securities law cies, and the PCAOB, upon request, tax ters as part of Circular 230. Section 308 and generally lack the expertise to return information related to abusive of the bill would provide express statu- spot tax issues. Section 305 would tax shelters, inappropriate tax avoid- tory authority for these and even crack down on financial institutions’ ance, or tax evasion. The agencies clearer regulations. illegal tax shelter activities by requir- could then use this information only The public has traditionally relied on ing federal bank regulators and the for law enforcement purposes, such as tax opinion letters to obtain informed SEC to work with the IRS to develop preventing accounting firms or banks and trustworthy advice about whether examination techniques to detect such from promoting abusive tax shelters, a tax-motivated transaction meets the abusive activities and put an end to or detecting accounting fraud in the fi- requirements of the law. The Perma- them. nancial statements of public compa- nent Subcommittee on Investigations These examination techniques would nies. has found that, in too many cases, tax be used regularly, preferably in com- The bill would also provide for in- opinion letters no longer contain disin- bination with routine regulatory ex- creased disclosure of tax shelter infor- terested and reliable tax advice, even aminations, and the regulators would mation to Congress. Section 307 would when issued by supposedly reputable report potential violations to the IRS. make it clear that companies providing accounting or law firms. Instead, some The agencies would also be required to tax return preparation services to tax- tax opinion letters have become mar- prepare joint reports to Congress in payers cannot refuse to comply with a keting tools used by tax shelter pro- 2009 and 2012 on preventing the partici- Congressional document subpoena by moters and their allies to sell clients

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00034 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4611 on their latest tax products. In many Our bill provides powerful new tools Corporate and individual taxpayers of these cases, financial interests and to end the tax haven and tax shelter alike must have confidence that those biases were concealed, unreasonable abuses. Tax haven and tax shelter who disregard the law will be identified factual assumptions were used to jus- abuses contribute nearly $100 billion to and adequately punished. Those who tify dubious legal conclusions, and tax- the $345 billion annual tax gap, which defy the law or game the system must payers were misled about the risk that represents taxes owed but not paid. It’s face consequences. Those who enforce the proposed transaction would later long past time for taxes owing to the the law need the tools and resources to be designated an illegal tax shelter. Re- people’s Treasury to be collected. And do so. We cannot sit idly by while tax forms are essential to address these it’s long past time for Congress to end secrecy jurisdictions impede the en- abuses and restore the integrity of tax the shifting of a disproportionate tax forcement of U.S. law. opinion letters. burden onto the shoulders of honest Under this bill, if you create a trust The Treasury Department recently Americans. or corporation in a tax haven jurisdic- adopted standards that address a num- Mr. OBAMA. Mr. President, I rise tion, send it assets, or benefit from its ber of the abuses affecting tax shelter today to speak about the Stop Tax actions, the Federal Government will opinion letters; however, the standards Haven Abuse Act, which I am proud to presume in civil judicial and adminis- could be stronger yet. Our bill would cosponsor with Senators LEVIN and trative proceedings that you control authorize Treasury to issue standards COLEMAN. This bill seeks to improve the entity and that any income gen- addressing a wider spectrum of tax the fairness of our tax system by deter- erated by it is your income for tax, se- shelter opinion letter problems, includ- ring the abuse of secret tax havens and curities, and money-laundering pur- ing: preventing concealed collaboration unacceptable tax avoidance strategies. poses. The burden of proof shifts to the among supposedly independent letter It is a serious solution to a serious corporation or the individual, who may writers; avoiding conflicts of interest problem. rebut these presumptions by clear and that would impair auditor independ- An investigation by the Senate Per- convincing evidence. ence; ensuring appropriate fee charges; manent Subcommittee on Investiga- This bill provides an initial list of preventing practitioners and firms tions found that offshore tax havens offshore secrecy jurisdictions where from aiding and abetting the under- and secrecy jurisdictions hold trillions these evidentiary presumptions will statement of tax liability by clients; of dollars in assets and are often used apply. Taxpayers with foreign financial and banning the promotion of poten- as havens for tax evasion, financial accounts in Anguilla, Bermuda, the tially abusive tax shelters. By address- fraud, and money laundering. Experts Cayman Islands, or Dominica, for ex- ing each of these areas, a beefed-up Cir- estimate that abusive tax shelters and ample, should be prepared to report cular 230 could help reduce the ongoing tax havens cost this country between their accounts to the IRS. And this bill abusive practices related to tax shelter $40 billion and $70 billion every year, will make it easier for the IRS to find opinion letters. Finally, Title IV of the bill incor- and the burden of filling this gap is such taxpayers if they do not. porates a Baucus-Grassley proposal borne unfairly by taxpayers who follow The Treasury Secretary may add to which would strengthen legal prohibi- the rules and can’t afford high-priced or subtract from the list of offshore se- tions against abusive tax shelters by lawyers and accountants to help them crecy jurisdictions. The list does not codifying in Federal tax statutes for game the system. reflect a determination that a country the first time what is known as the The problem is not new, but we need is necessarily uncooperative but mere- economic substance doctrine. This a new solution. Several years ago, the ly that it is difficult to obtain ade- anti-tax abuse doctrine was fashioned subcommittee heard testimony from quate financial and beneficial owner- by federal courts evaluating trans- the owner of a Cayman Island offshore ship information from that country actions that appeared to have little or bank who estimated that all of his cli- and it is ripe for tax abuse. If an off- no business purpose or economic sub- ents—100 percent—were engaged in tax shore jurisdiction is in fact uncoopera- stance apart from tax avoidance. It has evasion, and 95 percent were U.S. citi- tive and impedes U.S. tax enforcement, become a powerful analytical tool used zens. In 2000, the Enron Corporation— however, this bill gives Treasury the by courts to invalidate abusive tax remember Enron?—established over 441 authority to impose sanctions, includ- shelters. At the same time, because offshore entities in the Cayman Is- ing the denial of the right to issue there is no statute underlying this doc- lands. A 2004 report found that U.S. credit cards for use in the United trine and the courts have developed multinational corporations are in- States. and applied it differently in different creasingly attributing their profits to This bill also establishes a $1 million judicial districts, the existing case law offshore jurisdictions. A 2005 study of penalty on public companies or their has many ambiguities and conflicting high-net-worth individuals worldwide officers who fail to disclose foreign interpretations. estimated that their offshore assets holdings and requires hedge funds and This language was developed under now total $11.5 trillion. The IRS has es- private equity funds to establish anti- the leadership of Senators BAUCUS and timated that more than half a million money laundering programs and to GRASSLEY, the Chairman and Ranking U.S. taxpayers have offshore bank ac- submit suspicious activity reports. Im- Member of the Finance Committee. counts and access those funds with off- portantly, this bill clarifies that the The Senate has voted on multiple occa- shore credit cards. sole purpose of a transaction cannot le- sions to enact it into law, but House Unfortunately, the tax, corporate, or gitimately be to evade tax liability. conferees have rejected it each time. bank secrecy laws and practices of Transactions must have meaningful Since no tax shelter legislation would about 50 countries make it nearly im- ‘‘economic substance’’ or a business be complete without addressing this possible for American authorities to purpose apart from tax avoidance or issue, Title IV of this comprehensive gain access to necessary information evasion. bill proposes once more to include the about U.S. taxpayers in order to en- There is no such thing as a free economic substance doctrine in the tax force U.S. tax laws. Today, the Govern- lunch—someone always has to pay. code. ment has the burden of proving that a And when a crooked business or shame- The eyes of some people may glaze taxpayer has control of the tax haven less individual does not pay its fair over when tax shelters and tax havens entity and is the beneficial owner. This share, the burden gets shifted to oth- are discussed, but unscrupulous tax- allows taxpayers to rely on the secrecy ers, usually to ordinary taxpayers and payers and tax professionals clearly see protections of tax havens to deceive working Americans without access to illicit dollar signs. Our commitment to Federal tax authorities and evade sophisticated tax preparers or cor- crack down on their tax abuses must be taxes. porate loopholes. as strong as their determination to get This is not a political issue of how This bill strengthens our ability to away with ripping off America and low or high taxes ought to be. This is a stop shifting the tax burden to working American taxpayers. basic issue of fairness and integrity. families. All of us must pay our fair

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Iraq, in fact, had no ceed to the consideration of S. 184, Cal- and that is what this bill seeks to do. weapons of mass destruction. It was endar No. 26, a bill to provide improved I commend Senator LEVIN and Sen- not closely allied with al-Qaida. rail and surface transportation secu- ator COLEMAN for their leadership on This resolution does not call for a rity. this important issue. I am proud to be precipitous withdrawal—let me stress The PRESIDING OFFICER. Is there a cosponsor of this bill and urge my that—but it sets a time limit—the re- objection? colleagues to support it. maining 10 months of the year—to Mr. MCCONNELL. Reserving the stage an orderly redeployment and to right to object, my understanding is By Mrs. FEINSTEIN: the Senate would next turn to the so- S.J. Res. 3. A joint resolution to transition this mission. That mission would be limited to training, equip- called 9/11 bill on which the Homeland specify an expiration date for the au- Security and Governmental Affairs thorization of use of military force ping, and advising Iraqi security and police forces; to force protection and Committee worked. That bill is not yet under the Authorization for Use of on the calendar and will be filed some- security for U.S. Armed Forces and ci- Military Force Against Iraq Resolution time this week. vilian personnel; support of Iraqi secu- of 2002 and to authorize the continuing I understand that the pending unani- rity forces for border security and pro- presence of United States forces in Iraq mous consent request is that we turn after that date for certain military op- tection, to be carried out with the min- to a different bill, which has been re- erations and activities; to the Com- imum forces required for that purpose; ported by the Commerce Committee. mittee on Foreign Relations. targeted counterterrorism operations At this point, I am compelled to object Mrs. FEINSTEIN. Yesterday, the against al-Qaida and foreign fighters to this unanimous consent request and House of Representatives clearly ex- within Iraq; and logistical support in say to the majority leader, once the 9/ pressed its support for our troops and connection with these activities. 11 bill is available and Members have its disapproval of the President’s ac- I believe this legislation is the next had an opportunity to review the legis- tion to escalate the war. Today, it is logical step following today. It is sim- lation, I will be happy to revisit this the Senate’s turn. ple, it is concise. After the majority consent request. So I, therefore, object. Today, I believe that by voting for vote today sends our disapproval to the The PRESIDING OFFICER. Objec- cloture, a majority of the Senate will President, it is time to consider the tion is heard. convey the same message. There may next step. I submit this resolution as a Mr. REID. Mr. President, in response not be 60 votes, but I believe there will possible next step. to my friend, he is absolutely right. We be a majority. Our forces have been in had every intention of moving to the I ask unanimous consent that the Iraq for 4 years, $380 billion has been Homeland Security bill, but it wasn’t text of the joint resolution be printed spent, more than 3,000 troops have been reported out of the committee. The in the RECORD. killed, and nearly 24,000 have been matter I read, Calendar No. 26, is part wounded. My home State of California There being no objection, the joint of a big bill. I, frankly, understand why has lost more than 300 brave men and resolution was ordered to be printed in there is an objection. We are going to women, with thousands injured. the RECORD, as follows: file a cloture motion. Hopefully, in the Iraq is in chaos: Sunni fighting Shia, interim period of time, when people S.J. RES. 3 Shia fighting Sunni, car bombs, IEDs, have a chance to look at this bill, we assassinations, mortar attacks, downed Resolved by the Senate and House of Rep- will get consent from the Republicans helicopters, death squads, and sabo- resentatives of the United States of America in to move forward. taged infrastructure. Every day, we Congress assembled, The reason I am moving to this bill learn of new attacks, new casualties, SECTION 1. EXPIRATION OF AUTHORIZATION now is I didn’t want to waste Tuesday. new bloodshed, and no end in sight. FOR USE OF MILITARY FORCE Time is so precious around here that I I believe this surge is a mistake. AGAINST IRAQ. wanted to get to this or some vehicle Four years ago, U.S. Armed Forces The authority conveyed by the Authoriza- as soon as we can. We will do our best went to Iraq to be liberators. Today, tion for Use of Military Force Against Iraq in the next few days to try to work this they are caught in the bloody crossfire Resolution of 2002 (Public Law 107–243) shall out. of internecine fighting. The question expire on December 31, 2007, unless otherwise The Republican leader already ob- is, Can the American military solve a provided in a Joint Resolution (other than jected to my request? Public Law 107–243) enacted by Congress. civil war? I don’t believe it can. It was The PRESIDING OFFICER. That is certainly not the mission Congress au- SEC. 2. ALLOWANCE FOR CERTAIN MILITARY OP- correct. ERATIONS AND ACTIVITIES. thorized in 2002. So the time has come CLOTURE MOTION for the Senate to say so, just as the Section 1 shall not be construed as prohib- Mr. REID. Mr. President, I now move House has done. The time has come to iting or limiting the presence of personnel or to proceed to S. 184 and send a cloture declare that our time has come and units of the Armed Forces of the United motion to the desk. gone in Iraq. The time has come to States in Iraq after December 31, 2007, for the The PRESIDING OFFICER. The clo- speak clearly, and the time has come following purposes: ture motion having been presented (1) Training, equipping, and advising Iraqi to change course. security and police forces. under rule XXII, the Chair directs the The authorization for use of military (2) Force protection and security for clerk to read the motion. force, approved by the Congress in Oc- United States Armed Forces and civilian per- The assistant legislative clerk read tober 2002, carries with it congressional sonnel. as follows: approval of this war. The way to (3) Support of Iraqi security forces for bor- CLOTURE MOTION change course is to change that au- der security and protection, to be carried out We, the undersigned Senators, in ac- thorization. Therefore, today, I intro- with the minimum forces required for that cordance with the provisions of rule duce legislation that will put the expi- purpose. XXII of the Standing Rules of the Sen- (4) Targeted counter-terrorism operations ration date of December 31, 2007, on the against al Qaeda and foreign fighters within ate, do hereby move to bring to a close authorization for use of military force. Iraq. the debate on the motion to proceed to The President would be required to (5) Logistical support in connection with S. 184, a bill to provide improved rail return to Congress if he seeks to renew activities under paragraphs (1) through (4). and surface transportation security.

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Harry Reid, Russell D. Feingold, Daniel GALE W. MCGEE POST OFFICE mittee be discharged from further con- K. Inouye, Jack Reed, Sherrod Brown, sideration of S. Res. 81 and the Senate Ron Wyden, Ken Salazar, Joe Biden, The bill (H.R. 335) to designate the facility of the United States Postal then proceed to its consideration. Mary Landrieu, John Kerry, Dick Dur- The PRESIDING OFFICER. Without bin, Byron L. Dorgan, H.R. Clinton, Service located at 152 North 5th Street Bill Nelson, Frank R. Lautenberg, B.A. in Laramie, Wyoming, as the ‘‘Gale W. objection, it is so ordered. The clerk Mikulski, Patty Murray. McGee Post Office’’ was considered, or- will report the resolution by title. The assistant legislative clerk read f dered to a third reading, read the third time, and passed. as follows: A bill (S. Res. 81) recognizing the 45th an- MEASURES DISCHARGED AND f PASSED—S. 171, H.R. 49, H.R. 335, niversary of John Hershel Glenn, Jr’s his- H.R. 521, H.R. 433, H.R. 514, AND LANE EVANS POST OFFICE toric achievement in becoming the first H.R. 577 BUILDING United States astronaut to orbit the Earth. The bill (H.R. 521) to designate the There being no objection, the Senate Mr. REID. Mr. President, I ask unan- proceeded to consider the resolution. imous consent that it be in order to facility of the United States Postal Service located at 2633 11th Street in Mr. REID. Mr. President, I know the discharge from the Homeland Security time is late and a lot of people want to and Governmental Affairs Committee Rock Island, Illinois, as the ‘‘Lane Evans Post Office Building’’ was con- go a lot of different places, but I have the following postal-naming bills and to say that John Glenn is one of the the Senate proceed en bloc to their sidered, ordered to a third reading, read the third time, and passed. most amazing people I have ever consideration: S. 171, H.R. 49, H.R. 335, known, to think that I had the oppor- H.R. 521, H.R. 433, H.R. 514, and H.R. f tunity to serve with him in this body, 577. SCIPIO A. JONES POST OFFICE a man who was an ace in World War II, The PRESIDING OFFICER. Without BUILDING knocking down enemy aircraft in his objection, it is so ordered. marine vehicle. He was an ace in the Mr. REID. Mr. President, I ask unan- The bill (H.R. 433) to designate the facility of the United States Postal Korean war and, of course, America’s imous consent that the bills be read most famous astronaut. three times, passed, the motions to re- Service located at 1700 Main Street in Little Rock, Arkansas, as the ‘‘Scipio I will just say in passing, when I first consider be laid upon the table, en bloc; came here as a Senator, at our Tuesday that the consideration of these items A. Jones Post Office Building’’ was considered, ordered to a third reading, luncheon, Senator Glenn said: Does appear separately in the RECORD; and read the third time, and passed. anybody want to go with me? I am that any statements relating to the going to go out on the USS Kennedy, f measures be printed in the RECORD, which is an aircraft carrier. He said: I without intervening action or debate. SERGEANT LEA ROBERT MILLS am going to watch some landings. I The PRESIDING OFFICER. Without BROOKSVILLE AVIATION BRANCH said: Well, gee, John Glenn, aircraft objection, it is so ordered. POST OFFICE carrier, which I have never been on. I f The bill (H.R. 514) to designate the said: I will try that. And I did. facility of the United States Postal It was interesting. We flew out in an MICKEY MANTLE POST OFFICE airplane. It was stopped very quickly BUILDING Service located at 16150 Aviation Loop Drive in Brooksville, Florida, as the because a hook grabbed the airplane. The bill (S. 171) to designate the fa- ‘‘Sergeant Lea Robert Mills Then I watched these new pilots, who cility of the United States Postal Serv- Brooksville Aviation Branch Post Of- had never landed on an aircraft carrier, ice located at 301 Commerce Street in fice’’ was considered, ordered to a third coming in, wings wobbling. They would Commerce, Oklahoma, as the ‘‘Mickey reading, read the third time, and wave some off: ‘‘Dirty, dirty’’—that is Mantle Post Office Building’’ was con- passed. the word they used to get this thing sidered, ordered to be engrossed for a out of there. Lots of them landed. f third reading, read the third time, and Then John Glenn got in one of those passed, as follows: SERGEANT HENRY YBARRA III planes and was catapulted off the air- S. 171 POST OFFICE BUILDING craft carrier and came in on a landing Be it enacted by the Senate and House of Rep- The bill (H.R. 577) to designate the himself. He is an amazing man. resentatives of the United States of America in facility of the United States Postal I have one final story about John Congress assembled, Service located at 3903 South Congress Glenn. My office was in the Hart Build- SECTION 1. MICKEY MANTLE POST OFFICE Avenue in Austin, Texas, as the ‘‘Ser- ing. Nevada had the champions in dou- BUILDING. geant Henry Ybarra III Post Office ble Dutch jump-roping. They were out (a) DESIGNATION.—The facility of the Building’’ was considered, ordered to a in the atrium of the Hart Building United States Postal Service located at 301 third reading, read the third time, and showing me what they could do. It is Commerce Street in Commerce, Oklahoma, amazing—several people jumping at shall be known and designated as the ‘‘Mick- passed. ey Mantle Post Office Building’’. f the same time. They asked me to do it. I made—I wouldn’t say a fool of myself, (b) REFERENCES.—Any reference in a law, MEASURES DISCHARGED AND map, regulation, document, paper, or other but I couldn’t do it. I didn’t realize record of the United States to the facility re- PLACED ON THE CALENDAR—S. John Glenn was standing watching ferred to in subsection (a) shall be deemed to 194, S. 219, AND S. 412 this. Here is a man, at the time had to be a reference to the ‘‘Mickey Mantle Post Mr. REID. Finally, I ask unanimous be 70 years old, and he walked over and Office Building’’. consent that the Homeland Security said: Can I try that? He was like one of f Committee be discharged and the fol- the kids. An amazing man. lowing be placed on the calendar: S. This is a resolution recognizing the GERALD R. FORD, JR. POST 194, S. 219, and S. 412. 45th anniversary of his historic OFFICE BUILDING The PRESIDING OFFICER. Without achievement. Becoming the first U.S. The bill (H.R. 49) to designate the fa- objection, it is so ordered. astronaut to orbit the Earth is only cility of the United States Postal Serv- f one of the achievements this great man ice located at 1300 North Frontage did—and he is still healthy and Road West in Vail, Colorado, as the RECOGNIZING THE 45TH ANNIVER- strong—with his wonderful wife Annie. ‘‘Gerald R. Ford, Jr. Post Office Build- SARY OF JOHN HERSHEL GLENN, I ask unanimous consent that the ing’’ was considered, ordered to a third JR.’S HISTORIC ACHIEVEMENT resolution be agreed to, the preamble reading, read the third time, and Mr. REID. Mr. President, I ask unan- be agreed to, the motion to reconsider passed. imous consent that the Judiciary Com- be laid upon the table, and that any

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00037 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4614 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 17, 2007 statements relating to the measure be Whereas John Glenn has continued his (1) used their knowledge of the English lan- printed in the RECORD. public service through his work at the John guage and the Christian religious faith, as it The PRESIDING OFFICER. Without Glenn Institute at Ohio State University, had been taught to them in the New World; which was established to foster public in- and objection, it is so ordered. (2) stealthily wove within the music their The resolution (S. Res. 81) was agreed volvement in the policy-making process, raise public awareness about key policy experience of coping with human servitude to. issues, and encourage continuous improve- and their strong desire to be free; The preamble was agreed to. ment in the management of public enter- Whereas as a method of survival, enslaved The resolution, with its preamble, prise; African-Americans who were forbidden to reads as follows: Whereas, in March 1999, Secretary of Edu- speak their native languages, play musical S. RES. 81 cation Richard W. Riley appointed John instruments they had used in Africa, or prac- Whereas John Herschel Glenn, Jr. was born Glenn as Chair of the newly formed National tice their traditional religious beliefs, relied on July 18, 1921, in Cambridge, Ohio, and Commission on Mathematics and Science on their strong African oral tradition of grew up in New Concord, a small college Teaching for the 21st Century; songs, stories, proverbs, and historical ac- counts to create an original genre of music, town a few miles from the larger city of Whereas the Commission played a pivotal now known as spirituals; Zanesville, Ohio; role in improving the quality of teaching in Whereas John Glenn attended New Concord mathematics and science in the United Whereas Calvin Earl, a noted performer of, High School and earned a Bachelor of States; and educator on, African-American spir- Science degree in engineering from Whereas, in 1998, John Glenn returned to ituals, remarked that the Christian lyrics Muskingum College, which also awarded him space after 36 years as a member of the crew became a metaphor for freedom from slav- ery, a secret way for slaves to ‘‘communicate an honorary Doctor of Science degree in en- of the space shuttle Discovery, serving as a with each other, teach their children, record gineering; payload specialist and as a subject for basic Whereas John Glenn enlisted in the Naval research on how weightlessness affects the their history, and heal their pain’’; Aviation Cadet Program shortly after the at- body of an older person; and Whereas the New Jersey Historical Com- tack on Pearl Harbor and was commissioned Whereas, combined with his previous mis- mission found that ‘‘some of those daring in the United States Marine Corps in 1943; sions, John Glenn logged over 218 hours in and artful runaway slaves who entered New Whereas John Glenn served in combat in space: Now, therefore, be it Jersey by way of the Underground Railroad the South Pacific and also requested combat Resolved, That the Senate— no doubt sang the words of old Negro spir- duty during the Korean conflict. (1) honors the 45th anniversary of John ituals like ‘Steal Away’ before embarking on Whereas John Glenn was a dedicated mili- Hershel Glenn, Jr.’s landmark mission pilot- their perilous journey north’’; tary officer, flying 149 missions during 2 ing the first manned orbital mission of the Whereas African-American spirituals wars; United States; and spread all over the United States, and the Whereas John Glenn received many honors (2) recognizes the profound importance of songs we know of today may represent only for his military service, among them the Dis- John Glenn’s achievement as a catalyst to a small portion of the total number of spir- tinguished Flying Cross on 6 occasions, the space exploration and scientific advance- ituals that once existed; Air Medal with 18 Clusters, the Asiatic-Pa- ment in the United States. Whereas Frederick Douglass, a fugitive slave who would become one of the leading cific Campaign Medal, the American Cam- f paign Medal, the World War II Victory abolitionists in the United States, remarked Medal, the China Service Medal, the Na- RECOGNIZING THE AFRICAN- that spirituals ‘‘told a tale of woe which was tional Defense Service Medal, and the Ko- AMERICAN SPIRITUAL then altogether beyond my feeble com- prehension; they were tones loud, long, and rean Service Medal; Mr. REID. Mr. President, I ask unan- Whereas John Glenn served several years deep; they breathed the prayer and com- as a test pilot on Navy and Marine Corps jet imous consent that the Senate proceed plaint of souls boiling over with the bitterest fighters and attack aircraft; to the immediate consideration of Cal- anguish. Every tone was a testimony against Whereas, as a test pilot, John Glenn set a endar No. 30, S. Res. 69. slavery and a prayer to God for deliverance transcontinental speed record in 1957 by The PRESIDING OFFICER. The from chains.’’; and completing the first flight to average super- clerk will report the resolution by Whereas section 2(a)(1) of the American Folklife Preservation Act (20 U.S.C. sonic speeds from Los Angeles to New York; title. Whereas John Glenn was a pioneer in the 2101(a)(1)) states that ‘‘the diversity inherent The assistant legislative clerk read in American folklife has contributed greatly realm of space exploration and was selected as follows: in 1959 as one of the original 7 astronauts in to the cultural richness of the Nation and the United States space program, entering A resolution (S. Res. 69) recognizing the has fostered a sense of individuality and the National Aeronautics and Space Admin- African-American spiritual as a national identity among the American people’’: Now, istration’s (NASA) Project Mercury; treasure. therefore, be it Whereas John Glenn was assigned to the The PRESIDING OFFICER. There Resolved, That the Senate— NASA Space Task Group at Langley Re- (1) recognizes that African-American spir- being no objection, the Senate pro- ituals are a poignant and powerful genre of search Center in Hampton, Virginia; ceeded to consider the resolution. Whereas, in 1962, the Space Task Group music that have become one of the most sig- was moved to Houston, Texas, and became Mr. REID. Mr. President, I ask unan- nificant segments of American music in ex- part of the NASA Manned Spacecraft Center; imous consent that the resolution be istence; Whereas, on February 20, 1962, John Glenn agreed to, the preamble be agreed to, (2) expresses the deepest gratitude, rec- piloted the Mercury-Atlas 6 ‘‘Friendship 7’’ the motion to reconsider be laid upon ognition, and honor to the former enslaved spacecraft on the first manned orbital mis- the table, and that any statements re- Africans in the United States for their gifts to the Nation, including their original music sion of the United States; lating thereto be printed at the appro- Whereas, after launching from the Ken- and oral history; and priate place in the RECORD as if read, nedy Space Center in Florida, John Glenn (3) encourages the people of the United completed a 3-orbit mission around the plan- without intervening action or debate. States to reflect on the important contribu- et, reaching an approximate maximum alti- The PRESIDING OFFICER. Without tion of African-American spirituals to tude of 162 statute miles and an approximate objection, it is so ordered. United States history and to recognize the orbital velocity of 17,500 miles per hour; The resolution (S. Res. 69) was agreed African-American spiritual as a national Whereas John Glenn landed Friendship 7 to. treasure. approximately 5 hours later, 800 miles south- The preamble was agreed to. f east of the Kennedy Space Center near Grand The resolution, with its preamble, MEASURE READ THE FIRST Turk Island; reads as follows: Whereas, with that pioneering flight, John TIME—H.R. 976 S. RES. 69 Glenn joined his colleagues Alan Shepard Mr. REID. Mr. President, I under- and Virgil Grissom in realizing the dream of Whereas since slavery was introduced into stand that H.R. 976 has been received at the European colonies in 1619, enslaved Afri- space exploration and engaging the minds the desk from the House, and I ask for and imaginations of his and future genera- cans remained in bondage until the United tions in the vast potential of space explo- States ratified the 13th amendment to the its first reading. ration; Constitution in 1865; The PRESIDING OFFICER. The Whereas, after retiring from the space pro- Whereas during that period in the history clerk will read the title of the bill for gram, John Glenn continued his public serv- of the United States, the first expression of the first time. ice as a distinguished member of the Senate, a unique American music was created by The assistant legislative clerk read in which he served for 24 years; enslaved African-Americans who— as follows:

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00038 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4615 A bill (H.R. 976) to amend the Internal Rev- appointments to commissions, commit- Mr. Dennis Shea of Virginia, for a term enue Code of 1986 to provide tax relief for tees, boards, conferences, or inter- expiring December 31, 2008, vice Fred small businesses, and for other purposes. parliamentary conferences authorized Thompson. Mr. REID. Mr. President, I now ask by law, by concurrent action of the two for a second reading but object to my Houses, or by order of the Senate. f own request. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- objection, it is so ordered. ORDERS FOR MONDAY, FEBRUARY tion is heard. The bill will receive a f 26, 2007 second reading on the next legislative APPOINTMENTS Mr. REID. I ask unanimous consent day. that when the Senate completes its f The PRESIDING OFFICER. The Chair, on behalf of the President pro business today, it stand adjourned AUTHORITY FOR COMMITTEES TO tempore and upon the recommendation until Monday at 2 p.m, February 26; REPORT of the Republican Leader, pursuant to that on Monday, following the prayer Mr. REID. Mr. President, I ask unan- Section 2(b) of Public Law 98–183, as and pledge, the Journal of proceedings imous consent that notwithstanding a amended by Public Law 103–419, ap- be approved to date, the morning hour recess/adjournment of the Senate, com- points Gail Heriot, of California, to the be deemed expired, the time for the two mittees may report legislative and Ex- United States Commission on Civil leaders be reserved; and following the ecutive Calendar business on Thursday, Rights, reading of Washington’s Farewell Ad- February 22, 2007, from 10 a.m. to 12 The Chair, on behalf of the President dress, there be a period of morning noon. pro tempore, pursuant to Public Law business with Senators permitted to I would say, Mr. President, that is 94–118, Section 4(a)(3), appoints the speak for up to 10 minutes each. when the bill the Senate Republican Senator from Alaska (Ms. MURKOWSKI) The PRESIDING OFFICER. Without leader and I were talking about will be to the Japan-United States Friendship objection, it is so ordered. reported, the homeland security mat- Commission. f ter. The Chair, on behalf of the President The PRESIDING OFFICER. Without pro tempore, pursuant to Public Law ADJOURNMENT UNTIL MONDAY, objection, it is so ordered. 106–398, as amended by Public Law 108– FEBRUARY 26, 2007 AT 2 P.M. f 7, in accordance with the qualifications specified under section 1238(b)(3)(E) of Mr. REID. If there is no further busi- AUTHORITY TO MAKE Public Law 106–398, and upon the rec- ness to come before the Senate today, APPOINTMENTS ommendation of the Republican Lead- and the Republican leader has no fur- Mr. REID. I ask unanimous consent er, in consultation with the chairmen ther remarks, I now ask unanimous that notwithstanding the recess or ad- of the Senate Committee on Armed consent the Senate stand adjourned journment of the Senate, the President Services and the Senate Committee on under the provisions of H. Con. Res. 67. of the Senate, the President of the Sen- Finance, appoints the following indi- There being no objection, the Senate, ate pro tempore, and the majority and vidual to the United States-China Eco- at 3:27 p.m., adjourned until Monday, minority leaders be authorized to make nomic Security Review Commission: February 26, 2007, at 2 p.m.

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TRIBUTE TO ISHPEMING SKI CLUB Skiing is not only important to the way of life knowledge and she mentors them as they dis- 120TH ANNUAL SKI JUMPING in Ishpeming, but it has also helped unite the cover their own talents in reaching higher lev- TOURNAMENT community. Every year at the Ishpeming an- els of understanding. nual tournament, local citizens and community In addition to her work with children, Hilary HON. BART STUPAK groups have organized parades, dog sled has inspired many adults to share their love of OF MICHIGAN races, princess pageants, dances and balls. Judaism and become religious school teach- IN THE HOUSE OF REPRESENTATIVES This year, the Ishpeming Downtown Develop- ers. Hilary is the ultimate problem solver and uses her incredible creativity to guide and in- Friday, February 16, 2007 ment Association will sponsor a parade, youth dog sled races, fireworks, and a bonfire. In spire these teachers while helping them de- Mr. STUPAK. Madam Speaker, I rise today previous years, neighboring communities such velop the skills needed to educate our youth. to recognize one of Michigan’s Upper Penin- as Negaunee and nearby businesses such as Hilary Lewis has and will continue to be one sula’s greatest most esteemed, and long- Cleveland Cliffs Mining Company have pro- of the premier Jewish educators in the Greater standing institutions: the Ishpeming Ski Club. vided support for the festive events that sur- Kansas City area, helping our community grow Founded in 1887 as the Norden Ski Club, the round Ishpeming’s annual ski jump tour- ‘‘from strength to strength.’’ Madam Speaker, Ishpeming Ski Club is the oldest continuously nament. I know that all members of the U.S. House of active ski club in our Nation. As Ishpeming celebrates its 120th ski jump- Representatives join with me in paying tribute Later this month, the Ishpeming Ski Club ing tournament, the future is bright. Next year, to this valued educator and leader of the Kan- will sponsor its 120th annual Ski Jumping in 2008, Ishpeming’s tournament will host the sas City community. Tournament. For twelve decades now, skiers Junior Nordic championship and 50 young ski f from across our Nation have convened in jumpers from around the Nation will compete THE PURPLE HEART FAMILY Ishpeming to participate in one of the oldest in Ishpeming to be the top American ski jump- EQUITY ACT ski jumping tournaments anywhere. The er in their age group. Ishpeming Ski Club’s first tournament was Madam Speaker, ski jumping is an ancient held 120 years ago on February 25 and, this sport, but American ski jumping developed rel- HON. SUSAN A. DAVIS OF CALIFORNIA year, the Ski Club will hold its tournament on atively recent. Its evolution is in many ways a IN THE HOUSE OF REPRESENTATIVES that same date in order to honor the 120 uniquely Midwestern phenomenon. I am proud years of continuous ski jumping tournaments. of the way the city of Ishpeming and the Friday, February 16, 2007 The city of Ishpeming has a rich heritage Ishpeming Ski Club have contributed to the Mrs. DAVIS of California. Madam Speaker, that is closely intertwined with the history of popularity of this sport in the United States. I I rise today to introduce H.R. 1119, the Purple skiing in the United States. Many ski jumping am confident Ishpeming has an exciting role to Heart Family Equity Act. enthusiasts recognize this small town of 7,500 play as this sport continues to evolve in com- I am pleased to introduce this legislation people, nestled just outside of Marquette, as ing decades. In the meantime, I respectfully along with my distinguished colleagues Con- the birthplace of American ski jumping. The request that the entire U.S. House of Rep- gressman ROY BLUNT and Congresswoman National Ski Association was formed in resentatives join me in congratulating the City VIRGINIA FOXX. We seek to fully honor the Ishpeming in 1905. Today, the association is of Ishpeming and its residents as well as the women of the Armed Forces who have won called the United States Ski and Snowboard Ishpeming Ski Club and its officers and volun- the Purple Heart defending our great freedoms Association. teers on the anniversary of its 120th ski jump and their families. While there have been ski jumping competi- tournament. The Purple Heart, Madam Speaker, is a tions at many different locations in Ishpeming, f military decoration awarded to service mem- in 1926, the tournament began to use its cur- bers who have been wounded or killed while rent site, which has been the site for the tour- TRIBUTE TO HILARY LEWIS serving with the U.S. military. Modeled after nament ever since. the Badge of Military Merit given by George The National Ski Hall of Fame was erected HON. DENNIS MOORE Washington to members of the Continental in Ishpeming in 1953 and follows the growth OF KANSAS Army during the Revolutionary War, the Purple and development of the sport of skiing from its IN THE HOUSE OF REPRESENTATIVES Heart is the oldest military decoration currently beginnings nearly 5,000 years ago to the Friday, February 16, 2007 in use and was the first to be made available present and beyond. There are over 100 dis- to every service member. plays including the Story of the 10th Mountain Mr. MOORE of Kansas. Madam Speaker, I It is time we built upon the great traditions Division, Ski Fashions Throughout History, rise today to pay tribute to Hilary Lewis, who of the Purple Heart and fully recognize the and the Development of the Chairlift. The will be honored for her 30 years of service to women who have received this high honor. placement of the National Ski Hall of Fame in Jewish education in the Greater Kansas City Surely, their wounds and sacrifices are just as Ishpeming is a testament to the formative role area on February 25. The Jewish Educators’ meaningful. the city and its residents played in the devel- Council of CAJE/The Jewish Federation, along Male members of the Order are allowed to opment of skiing and ski jumping in America with our community, will recognize Hilary’s invite their wives to join with limited member- and the world. many contributions as a Jewish educator and ship benefits, according to the current Federal The Ishpeming ski jumping site provides for her work at CAJE, formally the Central Charter of the Military Order of the Purple some of the best ski jumping in the Midwest Agency for Jewish Education. Heart. But female members are not allowed to and, as such, has been used for tryouts for Over the years, Hilary has worked with edu- invite their husbands. Surely, we here in this the Olympics, as well as hosted numerous na- cators, parents and students to provide chil- Chamber are not in the business of extending tionally acclaimed skiing events. In both 1960 dren at all congregations the best Jewish edu- rights to our brave men who receive this and 1963, the Ishpeming ski jump site was cation possible. She has been instrumental as award but not our brave women. used for Olympics tryouts. In 1983, the tour- the principal of the Community High School of I stand here today to urge my colleagues to nament hosted the USA Central Division Jewish Studies, in providing continuing and support the Purple Heart Family Equity Act. Championships, the Junior Olympic tryouts relevant educational opportunities for hun- This bill will update the Federal Charter of the and the Masters Championship all on the dreds of teens during their high school years. Military Order of the Purple Heart to allow hus- same weekend. In 1987, Ishpeming hosted She has a talent for inspiring these young bands of female members of the Order to be- the Nordic Combined National Championships. people to go beyond the acquisition of basic come Associate Members.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00040 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4617 The first women to be awarded the Purple Calloway, still call my district of Louisville, KY, fered by Barbaro’s owners, Roy and Gretchen Heart was 1LT Annie G. Fox. She was award- home. I am honored to represent them and Jackson, and his medical team were displayed ed this distinction in 1941 after the attack on hope that you will all join me in giving them on network news shows and national maga- Pearl Harbor where she made the ultimate the recognition they deserve. zines. Get-well cards and letters from around sacrifice for her country. It has been 66 years f the world were sent to him throughout his and it is time we acted to fully honor the cou- struggle to recover. rageous women who are bestowed with the TRIBUTE TO BARBARO Despite receiving the best possible care and Purple Heart. Let us honor the memory of an outpouring of public affection, Barbaro’s First Lieutenant Fox and the countless other HON. ED WHITFIELD eight month battle for life was characterized by women who have made unimaginable sac- OF KENTUCKY significant progress followed by substantial rifices for all of us by voting yes on H.R. 1119. IN THE HOUSE OF REPRESENTATIVES setbacks. On January 29, 2007, Roy and f Friday, February 16, 2007 Gretchen Jackson came to the conclusion with Barbaro’s veterinarian, Dr. Dean W. Richard- HONORING 2007 TUSKEGEE AIRMEN Mr. WHITFIELD. Madam Speaker, I rise to son, that Barbaro was in too much pain and recognize horse racing’s most inspirational fig- that it was no longer possible for Barbaro to HON. JOHN A. YARMUTH ure, Barbaro. In his short-lived life, Barbaro make the miracle recovery everyone was hop- OF KENTUCKY quickly became one of the sport’s most re- ing for. IN THE HOUSE OF REPRESENTATIVES spected and beloved champions. Foaled on Barbaro’s fight for life demonstrated unique April 29, 2003, this American thoroughbred Friday, February 16, 2007 courage and remarkable spirit that captured racehorse warmed his way into the hearts of the hearts of America. Millions of people em- Mr. YARMUTH. Madam Speaker, it is my many Americans with his success on the track braced this amazing racehorse, followed his privilege to honor the three members of the and his courage through injury. struggle, and waited for his miracle recovery. Tuskegee Airmen from my home district: Mor- Barbaro knew nothing but success in his We all hoped and prayed for a happy ending ris Washington, Alvin LaRue, Julius Calloway. racing career, winning his first six races and to this fairy tale story but there would be no Sixty-five years ago, legally mandated bigotry earning winnings of over $2 million. Yet de- such ending. permeated every aspect of civilian life. Oppor- spite his undefeated record through his first Barbaro’s story is one of great perseverance tunities for a Black man or woman were few, five starts, his achievements went largely un- and great integrity that was shown day in and for the most superficial of reasons: the color of noticed until May 6, 2006. On that day, his vic- day out by him, his owners, and his care- their skin. Still, when Congress demanded the tory at the Kentucky Derby earned him the re- givers. Barbaro proved that greatness is not formation of an all Black Army Air Corps unit spect of horse racing fans nationwide. Barbaro only achieved on the racetrack but through a in March of 1941, hundreds signed up for the entered the race with odds of 6 to 1. After willingness and determination to overcome all 99th Pursuit Squadron to defend the country stumbling at the start, Barbaro moved easily to obstacles life may present. This son of that oppressed them. the front when the leading horses tired at the Dynaformer out of Carson City mare La Ville These brave men became the Tuskegee five-sixteenths pole and he glided through the Rouge gave us a lifetime of memories to be Airmen, and they did more than merely enlist. stretch to win in a fast time of 2 minutes, 1.36 proud of, and he will be remembered in the Ten months later, America found itself in the seconds. Barbaro’s final quarter-mile run of 24 annals of horse racing for all of history. thralls of the Second World War. But despite and one fifth seconds was the fastest since f showing remarkable aptitude—96 was the low- Secretariat’s in 1973, and his victory margin of est score among all their flight tests—a deep 61⁄2 lengths was the longest since Triple RECOGNIZING THE RETIREMENT sense of racism blinded their commanders to Crown winner Assault won the Derby by eight OF WAYNE PEACOCK the proper and necessary action, and the Air- in 1946. As the crowd celebrated and looked men were initially left out of combat. But as on the horse with amazement, jockey Edgar HON. JEFF MILLER the conflict wore on, necessity sent these Prado rode Barbaro into the winner’s circle, OF FLORIDA dedicated and capable men of valor into the pumping his fists at 108,065 cheering fans, IN THE HOUSE OF REPRESENTATIVES skies where they deftly completed mission the second largest crowd in Derby history. after mission, giving America a vital thrust in A new hero had been born as Barbaro be- Friday, February 16, 2007 our efforts to defeat the Axis powers. came just the sixth undefeated winner in the Mr. MILLER of Florida. Madam Speaker, it In their legendary P–51 Mustangs, the Derby’s 132 year history. His impressive per- is an honor for me to rise today to recognize Tuskegee Airmen astonished their doubters by formance under the Twin Spires at Churchill the retirement of Wayne Peacock. Over the prevailing against the Nazis who frequently Downs inspired diehard racing fans and cas- last three decades, Mr. Peacock dedicated his outnumbered them. Soon, the Airmen were ual observers alike. Heading into The work to local government in my district in known for the prowess rather than their race Preakness as the heavy favorite, Barbaro was northwest Florida. and inspired a legend that they had never lost thought by many to have the best chance of After growing up in Pensacola and grad- a single man to enemy fire. becoming the first Triple Crown winner since uating from Pensacola High School, Wayne By the end of the war, they had flown more 1978. joined the United States Marine Corps. This than 15,000 sorties on 1,500 missions and As fate would have it, Barbaro was unable devotion to country and desire to serve and were awarded two Presidential Unit Citations, to finish the race due to what would become help others would be a resonating theme 744 Air Medals, 150 Distinguished Flying a fatal injury. Barbaro shocked spectators by throughout the rest of his life. After 4 years in Crosses, several Bronze and Silver Stars, and breaking through the starting gate just before the corps, he went back to college and re- most recently a Congressional Gold Medal. the race began. After being reloaded, he tore ceived a bachelor of science degree at the Though officially recognized for their heroic away from the gate, determined not to let his University of West Florida. accomplishments, the Airmen returned home previous jumpstart stand in the way of victory. Mr. Peacock’s first job out of college was a to a nation still paralyzed by racial hatred and But just seconds into the race, Barbaro broke teacher, which helped fine tune his ability to two more decades of legalized segregation. down in his right hind leg and was prudently guide and inspire other people. Over the next Every citizen who enjoys the freedom that pulled up by Prado. Barbaro fans would soon 3 years, he worked as a counselor with sev- America offers owes a debt to these coura- learn that he had fractured three bones in and eral different programs under the Community geous men who, rather than seek revenge, around the ankle of his right hind leg, making Action Program. These programs were set up chose to look past there own oppression and it impossible for him to race ever again. to help people of different ages who were un- see the potential of their Nation’s greatness. Nevertheless, Barbaro’s terrifying break- employed or disadvantaged to join the work- We are ashamed of the treatment they re- down on national television would not be his force and set employment goals. ceived and hope to follow their example, build- legacy. Instead, the story of this great horse Over the next several years, Wayne contin- ing a society where racial bigotry can be found became a tale of unyielding love and deter- ued his dedicated service to the community. only in the annals of our history books. mination that captured the attention of millions He moved up within the Community Action I am proud that three of these heroes, Mor- across the country. The unprecedented level Program becoming responsible for its overall ris Washington, Alvin LaRue, and Julius of care and advanced medical treatment of- curriculum, as well as serving as liaison to

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00041 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4618 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 17, 2007 local educational institutions, ensuring compli- tional education, finance, leadership, golfing at the Country Club of Mobile, and fish- ance with Federal regulations, and maintaining mentorship and literacy. The Fund has opened ing with the Mobile Big Game Fishing Club, the program’s success. countless doors to the women and girls of where he served as board member. By 1977, Wayne Peacock had already Bucks County, recognizing their potential for Madam Speaker, Thomas Stephen Gleason, made a tremendous impact on thousands of success and presenting them with opportuni- Sr., is survived by his wife of 45 years, lives as he helped people get back on their ties to achieve their dreams. Frances; a son, Thomas Stephen Gleason, feet and join the American workforce. With his The Bucks County Women’s Fund is a real Jr.; a daughter, Mary Gleason Geil; and 3 energy still full as ever and as others recog- source of inspiration to the citizens and orga- grandchildren. May his family know that they nized his knowledge of community-based pro- nizations back home, and clearly dem- are in the thoughts and prayers of so many in grams, he became an interagency coordinator onstrates how much we all benefit from the South Alabama. for all of Escambia County—a position which advancement of women. The Fund leads by f coordinated all social service programs involv- example: women manage the Fund, run its HONORING STEPHANIE DUNTON ing local, State, and Federal agencies. Wayne programs and promote policies for women’s handled this increased responsibility with ease rights. It is also active in a global network of and soon he became the director of the Com- funds with common goals, working to ensure HON. MICHAEL H. MICHAUD munity Services Department. During his 3 rights and opportunities for girls and women OF MAINE IN THE HOUSE OF REPRESENTATIVES years time in this position, he saw the depart- all over the world. What started as a humble ment’s budget increase by nearly 20 percent organization has now established an endow- Friday, February 16, 2007 and successfully supervised eight divisions ment, ensuring that it will continue as a pillar Mr. MICHAUD. Madam Speaker, I rise within the department, administering programs of our community for years to come. today to honor Stephanie Dunton from to not only help the unemployed but also vet- Madam Speaker, the mission of the Fund Winterport, a small town in central Maine. erans and families. has a special significance for me personally. Stephanie, a student at Samuel L. Wagner Wayne’s vast contribution to Escambia My daughter Maggie was born three months Middle School, was recently named one of the County and his ability to administer so many ago, and I want to thank the Bucks County top two youth volunteers in Maine for the 12th programs at once eventually resulted in being Women’s Fund for building a better future for Annual Prudential Spirit of Community hired as the Assistant County Administrator. my little girl and all of the girls and women in Awards. This program is America’s largest His supervision of nearly 800 employees was our county. I offer my hearty congratulations youth recognition program based exclusively instrumental in the continued growth of a num- as they prepare for ‘‘Creating Change, Trans- on volunteerism. ber of county programs—programs ranging forming Lives,’’ their 16th annual dinner cele- Stephanie is a tireless young woman who from transportation to agriculture and bration on March 8, 2007. Madam Speaker, has given her time and energy to help the less healthcare to industrial services. It was only on Maggie’s behalf, I commend the Fund as it fortunate. Inspired by her sister’s satisfaction natural for him to become the County Adminis- continues its good work for our wives, moth- from volunteering, Stephanie searched for her trator for the next 3 years. In this capacity, he ers, sisters, daughters and friends. own community service project. Initially, she reported directly to the Board of County Com- f wanted to volunteer at her local food pantry, missioners and also served as the Director of but was unable to do so since she attended Emergency Management. Escambia County HONORING THE MEMORY OF MR. classes during the pantry’s hours of oper- was in good hands with Wayne in this posi- THOMAS STEPHEN GLEASON, SR. ations. tion—he knew the county inside and out. Even Stephanie instead went above and beyond, after 1991, as he became the Trial Court Ad- HON. JO BONNER creating and conducting her own monthly food ministrator for the First Judicial Circuit of Flor- OF ALABAMA drive called the ‘‘Food Shuttle,’’ which has col- ida, a position he holds to this day, Wayne’s IN THE HOUSE OF REPRESENTATIVES lected more than one thousand pounds of do- nated food for a local pantry. Her dedication is work for this area has not stopped. Friday, February 16, 2007 There is no question that Wayne was a civic truly extraordinary and deserves our sincere leader for northwest Florida who set the bar Mr. BONNER. Madam Speaker, I rise today admiration and respect. high for those who followed. His leadership to pay tribute to the life of a good man, a While numerous studies have shown that and knowledge has left Escambia County a proud American, and a fine member of the Americans today are less involved in their better place, and his service to those in his south Alabama community, Mr. Thomas Ste- communities than before, it is essential that community will be missed. I remain confident phen Gleason, Sr., who passed away last we support the kind of selfless contributions that Wayne’s input will still play a great role for month. that people like Stephanie have made. She is local leaders. An excellent businessman and a true com- an inspiring example to all of us, serving as Madam Speaker, on behalf of the United munity leader, Mr. Gleason was loved by his one of our brightest hopes for a better tomor- States Congress, it is with great admiration family and friends and respected by his peers. row. that I recognize the retirement of Mr. Wayne South Alabama is truly a better place because I join with her family, friends and community Peacock. May his years ahead be filled with of the life of Tommy. in congratulating Stephanie for this fine honor. joy, and may they shine with good health and A resident of Mobile since childhood, Mr. The citizens of the State of Maine are ex- happiness. Gleason made many important contributions, tremely fortunate to have such a fine, young public servant. f professionally as well as personally, to the ad- vancement of south Alabama. After graduating f HONORING THE BUCKS COUNTY from McGill Institute and Spring Hill College, TRIBUTE TO THE ‘‘FIGHTING WOMEN’S FUND Mr. Gleason began what was an almost 50 LONGRACKS’’ year real estate career. At one time, he was HON. PATRICK J. MURPHY even the youngest licensed realtor in the State HON. DARLENE HOOLEY OF PENNSYLVANIA of Alabama. In 1975, Tommy founded Glea- son and Associates, which has been instru- OF OREGON IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES mental in transforming commercial real estate Friday, February 16, 2007 development in south Alabama. Gleason and Friday, February 16, 2007 Mr. PATRICK J. MURPHY of Pennsylvania. Associates has been responsible for bringing Ms. HOOLEY. Madam Speaker, today I rise Madam Speaker, it is my privilege to rise be- many companies to south Alabama, including to praise the courage, dedication, and selfless- fore you today in recognition of the Bucks several of the district’s leading employers. ness of the following 116th Air Control Squad- County Women’s Fund. Along with his significant professional suc- ron volunteers. For sixteen years the Bucks County Wom- cess, Tommy led a highly involved civic life as The ‘‘Fighting Longracks’’ from Camp Rilea, en’s Fund has provided more than $200,000 well. Mr. Gleason was a member of the Jay- Warrenton, Oregon answered the call of serv- to 36 local organizations to support program- cees, the Board of the Museum of Mobile, as ice and stood up, so their active duty counter- ming in the critical areas of domestic violence well as St. Ignatius Parish. He was loved by parts could temporarily stand down for the prevention, economic self-sufficiency, voca- many, and he loved life, particularly time spent holidays.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00042 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4619 From September 2006 through January patrolling their neighborhoods, protecting the it also stands as a painful reminder of the loss 2007 the Oregon Air National Guard in asso- courts, riding in an ambulance, or fighting a of Deputy March and the danger that all public ciation with citizen-airmen from Air National fire, they are working to ensure the protection safety officers face on a daily basis. Guard units from Hawaii, Ohio, Puerto Rico, of all of us. Because they are constantly put- Madam Speaker, the handcuffs that hung and Wisconsin provided tactical command and ting their lives on the line, we must do every- from Deputy March’s belt the day he was control for all combat assets within Afghani- thing we can to ensure that criminals who killed were shackled to Armando Garcia as he stan. harm or threaten those who protect the public was brought into U.S. custody last month. I Unfortunately, too often we stand here in receive a punishment that matches the seri- am encouraged that Deputy March’s killer has this chamber to publicly acknowledge the con- ousness of the crimes they commit. finally been extradited to the United States. tribution of our military and their families after Madam Speaker, it is with these dedicated But we must continue to work to ensure that a tragedy—we honor our fallen—and often for- public safety officers in mind that I am proud the service performed by this Nation’s public get the living, our veterans. to introduce the Justice for Public Safety Offi- safety officers is honored by making certain Lieutenant Colonel Timothy Olson, Lieuten- cers Act with my friend from Pasadena, Con- that those who wish to do them harm face stiff ant Colonel Jim Gregory, Major Paul Evans, gressman ADAM SCHIFF. This bill, which is penalties for their actions. Passage of this bill Major Keith Townsend, Captain Leon based upon legislation that Mr. SCHIFF and I will guarantee that perpetrators of heinous McGuire, Captain Bryan Habas, Captain Vic- introduced in the last Congress, sends a clear crimes against public safety officers will be toria Habas, Senior Master Sergeant Robert message that justice will no longer be abused brought to justice. Birman, Senior Master Sergeant Ralph Leh- by fleeing murderers. f man, Senior Master Sergeant Leslie Wright, As we know, under Federal law, it is a crime Master Sergeant William Baer, Master Ser- to kill a Federal, State, or local public safety INTRODUCTION OF THE ‘‘SWIFT geant Randy Dickenson, Master Sergeant officer if they are engaged in a Federal inves- APPROVAL, FULL EVALUATION Donald Hillgaertner, Master Sergeant Gary tigation. It is also a Federal crime to flee to (SAFE) DRUG ACT’’ Gudge, Master Sergeant Cory Jackson, Mas- another country to avoid prosecution. How- ter Sergeant Albert Luquette, Master Sergeant ever, the crime of fleeing is punishable by no HON. EDWARD J. MARKEY Adam Melerski, Master Sergeant Troy Mitch- more than five years in prison, and as little as OF MASSACHUSETTS ell, Master Sergeant Richard Murren, Tech- merely paying a fine. The Justice for Public IN THE HOUSE OF REPRESENTATIVES Safety Officers Act takes an important step to- nical Sergeant Ann Chancey, Technical Ser- Friday, February 16, 2007 geant Edwin Corcoran, Technical Sergeant ward establishing stiffer penalties by imposing Carl Domingo, Technical Sergeant Robert a mandatory minimum of 30 years in prison Mr. MARKEY. Madam Speaker, I rise today Foreman, Technical Sergeant Bryan Garret, for murdering a public safety officer and an to introduce the Swift Approval, Full Evalua- Technical Sergeant Matthew Gudge, Technical additional mandatory minimum of 10 years for tion, SAFE, Drug Act. This bill is designed to Sergeant George McMahan, Staff Sergeant traveling between States or countries with the ensure that the FDA can balance the need to Michelle Nelson, and Staff Sergeant Laurence intent to avoid prosecution. get important life-saving drugs to the market Rose raised their hands, willingly accepted du- When Deputy March was brutally slain exe- quickly while ensuring the drugs get the full ties in wartorn Afghanistan, and served us cution-style during a routine traffic stop, evaluation they need to ensure the safety of with honor. Armando Garcia, an illegal immigrant, fled to those products. These airmen worked with our allies in the Mexico within hours of Deputy March’s murder Earlier this week the Oversight and Inves- region to provide command and control that to avoid prosecution by U.S. authorities. tigation Subcommittee of the Energy and sustained complex, time critical air sovereignty At the time of the murder, Mexico refused to Commerce held its very first oversight hearing missions in support of International Stabiliza- extradite individuals who may face the death of the 110th Congress on drug safety. At the tion Assistance Force (ISAF) priorities. Their penalty or life imprisonment, therefore hin- hearing several FDA whistleblowers testified contributions cannot be overstated, nor in truth dering efforts to bring Armando Garcia back to about the truly frightening problems at the measured. the United States to face prosecution for his FDA including: 1. a culture of suppression and As a Congresswoman from Oregon, I am crime. The same border that Garcia illegally intimidation, 2. a lack of transparency into the proud of what these citizen-airmen accom- crossed to enter our country served as a wall review process, 3. the inaction of FDA man- plished, and humbled by their continued will- of protection for almost 5 years. agement in response to serious drug risks, 4. ingness to answer the call of a nation that is I joined many of my colleagues and Los An- a lack of scientific freedom and the inability of in need far more often than anyone expected. geles County Sheriff Lee Baca in efforts to FDA reviewers to have their concerns heard I ask this chamber to recognize and applaud see that Armando Garcia and other fugitives by senior management, FDA advisory commit- these airmen who like hundreds of thousands accused in killings on our soil are returned to tees, and the public. of their peers ask for little, give everything the United States to face justice. We met with Their powerful testimonies add to the con- they can, and believe our America is worth the officials from the Department of Justice and cerns raised in the Institute of Medicine report, sacrifice. the State Department. We urged President the GAO Report, and the Inspector General of Thank you for standing a post that few even Bush to call for aggressive action to change HHS report that the FDA’s system to ensure know exists. Mexico’s extradition policy. I met with then that postmarketing studies are conducted and f President Vicente Fox and other high officials completed is broken and the FDA has not of the Mexican government, including their Su- made reform a priority. JUSTICE FOR PUBLIC SAFETY preme Court, in an effort to impress upon our It is clear from the whistleblowers’ testi- OFFICERS ACT neighbor that its extradition policy is intoler- monies and these three major reports that the able. FDA is a deeply troubled agency that has HON. DAVID DREIER We reached a critical turning point in 2005 failed time and time again to act in the best in- OF CALIFORNIA when the Mexican Supreme Court issued a terest of the public. The failures of the FDA to IN THE HOUSE OF REPRESENTATIVES decision that allowed consecutive prison terms protect the public have been widely reported for certain murders. This decision ultimately by the media and the public is losing con- Friday, February 16, 2007 paved the way for Armando Garcia’s arrest in fidence in the FDA’s ability to keep us safe. Mr. DREIER. Madam Speaker, on January Tonala, Jalisco, Mexico, on February 23, 2006 According to a recent Wall Street Journal 9, 2007, Armando Garcia, the primary suspect and his extradition to the United States on Online/Harris Interactive poll, 80 percent of in the murder of Los Angeles County Sheriffs January 9. adults say they are concerned about the Deputy David March, was extradited to the For those of us who were involved with this FDA’s ability to make independent decisions United States. It was four years, eight months, case, January 9 will always have conflicting that will ensure that patients have access to and ten days that the family and colleagues of emotions. On the one hand, we know that this safe and effective medicines. Deputy March were forced to wait for his killer day marked a victory for the rule of law, send- We need the FDA to be a watchdog for to face extradition. ing a clear message that no one should be al- public health, not a lapdog for the industry. We know that when our public safety offi- lowed to commit an act of murder and flee to We need to bring back transparency, account- cers perform their duties every day, whether another country to avoid prosecution. And yet, ability and scientific integrity to the FDA.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00043 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4620 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 17, 2007 That is why today I am reintroducing the To honor the Henderson’s inspiration and black Members of Congress: 114 elected to Swift Approval, Full Evaluation, SAFE, Drug dedication to their community, the Okaloosa the House and five to the Senate. Of those, Act to provide greater transparency into the Board of County Commissioners passed a 110 have been members with full voting rights approval process and a stronger postmarket resolution to proclaim a local park to be in the House, a number that corresponds with safety system. named ‘‘The Jeanette and Charles Henderson the number of Congresses convened since The SAFE Drug Act will: Heritage Park.’’ The Henderson’s dedication our Nation’s independence. 1. Increase FDA authority with respect to and vision will forever be appreciated and Voters sent the first black member to Con- postmarket safety, including giving the FDA treasured for generations to come. gress during reconstruction. His name was the ability to mandate labeling and require Madam Speaker, on behalf of the United Hiram Rhodes Revels (R–MS) and he served postmarket studies. States Congress, I am proud to honor Charles in the Senate in the 41st Congress (1870). His 2. Provide FDA greater authority with re- and Jeanette Henderson for their contributions first black counterpart in the House, Joseph H. spect to the Accelerated Approval process, by to the preservation of their community herit- Rainey (R–SC), came during that same ses- ensuring postmarket study plans are reviewed age. sion. prior to approval; requiring proper labeling until f Since then, African Americans have ex- drugs are fully approved; and restricting adver- tended the honor roll of ‘‘firsts’’ and tising for accelerated approved drugs or bio- INTRODUCTION OF THE HATE ‘‘greatests,’’ ‘‘largests’’ and ‘‘most actives’’ in logics until full approval. CRIMES STATISTICS IMPROVE- both chambers. The 103rd Congress saw the 3. Provide enhanced whistleblower protec- MENT ACT largest class of black freshmen ever elected. tions to FDA employees. Today, in the 110th Congress, we have five 4. Preserve scientific integrity at FDA by HON. CAROLYN B. MALONEY African-American full committee chairmen and prohibiting FDA employees from directing OF NEW YORK 17 subcommittee chairs. Such a concentration other FDA employees to censor or suppress IN THE HOUSE OF REPRESENTATIVES of leadership is unprecedented. In addition to scientific research, analysis, opinions or rec- Friday, February 16, 2007 our constituents, we have our predecessors to ommendations or directing employees to dis- thank. seminate scientific information that is known to Mrs. MALONEY of New York. Madam Each current and former member of this au- be false or misleading. Speaker, today, along with Representatives gust body owes a debt of gratitude to the 5. Require the FDA to provide Advisory BARBARA LEE, ELIJAH CUMMINGS, ZOE LOF- members emeritus who came before them. Committees with complete information. GREN, LYNN WOOLSEY, and GEORGE MILLER, I Each African-American child who dreams of 6. Ensure scientific freedom at FDA, by am reintroducing the ‘‘Hate Crimes Statistics ascending to elected office has more than 100 guaranteeing FDA and FDA-sponsored au- Improvement Act’’ which will ensure that hate trailblazers to light his or her way. It is this thors the right to publish or present their work. crimes motivated by gender are accounted for progress toward equal opportunity and rep- 7. Increase FDA transparency, by requiring by the FBI and local law enforcement agen- resentation that we celebrate today, during a biennial report to Congress on noninferiority cies. With accurate data, local communities this month when we draw inspiration from an studies and a biannual report to Congress on can identify gender-based hate crimes in their illustrious past to create a brighter future. On postmarket studies system. areas and chart their progress toward elimi- The time to act is now. I look forward to behalf of each current African-American mem- nating them. Moreover, the inclusion of gender ber of the 110th Congress, I extend the deep- working with my colleagues to stop the ero- will send a strong message that gender-based sion of public confidence in the FDA, provide est respect and gratitude to all those who pre- hate crimes will not be tolerated. ceded us. greater transparency into the approval proc- In States with gender-based hate crimes ess, reform the system of postmarketing stud- laws, prosecutors typically must present con- f ies, and ensure that FDA balances the desire crete evidence that the criminal act was com- to speed drugs to market with its critical role mitted due to gender bias. Obviously, not all TRIBUTE TO LIVING WATER as the watchdog of public health. crimes against women are gender-based f crimes, and prosecutors should have discre- HON. JOHN ABNEY CULBERSON IN RECOGNITION OF CHARLES AND tion in identifying what constitutes a gender- OF TEXAS JEANETTE HENDERSON based hate crime. The process of discussing IN THE HOUSE OF REPRESENTATIVES these differences will improve the under- Friday, February 16, 2007 HON. JEFF MILLER standing of all hate crimes by law enforcement personnel and will improve reporting of these Mr. CULBERSON. Madam Speaker, I rise OF FLORIDA tragic crimes. today to honor Mr. Malcolm S. Morris, a con- IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to support this impor- stituent from Houston, who is dedicating his Friday, February 16, 2007 tant legislation. life to the cause of clean, safe water for the Mr. MILLER of Florida. Madam Speaker, on f needy of the world. Mr. Morris is the imme- behalf of the United States Congress, it is with diate past chairman of Living Water Inter- great honor that I rise today to recognize the TRIBUTE TO THE CURRENT AND national, a 15-year-old faith-based NGO. Liv- community contributions of Charles and FORMER AFRICAN-AMERICAN ing Water has provided water to over 5 million Jeannette Henderson to Northwest Florida. MEMBERS OF CONGRESS world-wide on three continents. Nearly 20 years ago, Mr. and Mrs. Hender- Of particular note, Living Water has com- son began researching their family genealogy, HON. EDDIE BERNICE JOHNSON pleted nearly 400 water projects providing and published two books, ‘‘The Track of the OF TEXAS clean water to over one million people of Jackson’’ and ‘‘The Trail of the Griffith.’’ Their IN THE HOUSE OF REPRESENTATIVES Kenya. At the urging of Malcolm Morris, Ken- passion for collecting and preserving their own yan President Kibaki made a public commit- Friday, February 16, 2007 history later prompted the founding of the ment to provide water for the 20 million people North Okaloosa Historical Association in 1992. Ms. EDDIE BERNICE JOHNSON of Texas. of Kenya in need of water. In addition, Morris With grants and fundraising, this body pur- Madam Speaker, on behalf of the Congres- organized the completion of two Peace Wells, chased the old General Store in Baker, Flor- sional Black Caucus, I rise today to pay tribute dedicated by President Kibaki, to end violence ida, and transformed the 1908 landmark into to the current and former African-American between two tribes that resulted in 20 deaths the Baker Block Museum. Members of Congress with Chairwoman KIL- on Valentines Day, 2005. In fact, Madam Mr. and Mrs. Henderson have been the de- PATRICK and my distinguished colleague, Con- Speaker, Mr. Morris and members of the Liv- voted caretakers of this museum since its in- gresswoman STEPHANIE TUBBS JONES. ing Well Board, at the direction of President ception. They have been instrumental in cre- Our Nation can feel proud today that a Kibaki and his cabinet, are dedicating a third ating one of the largest genealogical libraries record number of 43 black or African-Amer- Peace Well next week in Kenya. in Okaloosa County and continue to oversee ican Members serve in the 110th Congress; Malcolm Morris practices what he preaches. the restoration and preservation of historical 42 in the House of Representatives and one His actions are an expression of his faith—to artifacts. in the Senate. In total, there have been 119 provide clean water and basic sanitation to

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00044 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 17, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 4621 one child, one family, one village at a time. corrosive nature of ethanol is addressed in RECOGNIZING THE LIFE OF TONY Through Malcolm Morris’ leadership and vi- H.R. 547. The bill directs federal agencies to CORTESE sion, the men and women of Living Water look at new infrastructure components, along have become vessels of healing. with potential additives to alleviate the harm HON. ZOE LOFGREN Now operating in 22 countries, Living Water ethanol and other biofuels can have on our OF CALIFORNIA has trained over 1,200 volunteers in drilling, Nation’s current energy infrastructure. IN THE HOUSE OF REPRESENTATIVES pumping repair, and health and hygiene train- But H.R. 547 needs to do more. My home Friday, February 16, 2007 ing. The number of persons being served is doubling nearly every 18 months. I should State of New York is currently dependent on Ms. ZOE LOFGREN of California. Madam note that Mr. Morris is not just an observer of ethanol produced in the Midwest. Regions out- Speaker, I rise to honor and recognize the life the international water crisis. He is a drill in- side the cornbelt, such as New York, are sub- of Tony Cortese, United States Postal Service structor, conducting drill training camps and jected to additional costs associated with the Employee and President of the National Asso- has led water teams to schools in both Africa transportation of ethanol across the country. ciation of Letter Carriers Local 193. and Central America. Such costs can easily be alleviated by re- In his forty-two years as a proud and honor- In addition to his ongoing involvement with gional biofuel markets. While H.R. 547 ad- able employee of the United States Postal Living Water, Malcolm Morris founded and dresses some of the issues surrounding Service and twenty-seven years as the presi- serves as Chairman of the Millennium Water biofuel infrastructure, it does not address the dent of the National Association of Letter Car- Alliance—a group of water related NGO’s that idea of regional biofuel markets. The concept riers Local 193, NALC, Tony Cortese made a includes Living Water International, Africare, of regional markets has the potential to sup- significant impact on the rights of Letter Car- CARE, Catholic Relief Services, Emmanual plement and augment the existing ethanol in- riers and on the well-being of his community. International, Food for the Hungary, Lifewater frastructure while easing transportation risk Mr. Cortese was a fifty-five-year resident of San Jose, California and was a tireless advo- International, Water for People, Water Mis- and costs. sions international, WaterPartners international cate for Letter Carriers. As President of the Further, regionalized biofuel markets have NALC Local 193 for nearly thirty years, Mr. and World Vision. UNICEF acts in an advisory many economic implications. Local and re- capacity to the MWA. The mission of the Cortese procured a union owned building for gional markets bring jobs to rural areas MWA is to initiate needed water and sanitation the members, secured expanded health bene- throughout our country by putting farmers projects in an efficient and transparent man- fits, and provided an open forum for discus- back to work. Regional markets create new ner. sion for union members and Federal, State, Recently, as a result of Mr. Morris’ strong opportunities for hard working Americans at and local politicians. Mr. Cortese’s service was not just limited to and consistent advocacy, Congress passed a refineries and jobs through the local transpor- advocacy for the rights of the union members, bill known as the Paul Simon Water for the tation networks needed for ethanol distribution. but extended into the San Jose community Poor Act. The legislation makes access to Such economic activities add to the tax base and beyond. Under Mr. Cortese’s leadership, safe water and sanitation for developing coun- in our small towns and immediately promote San Jose served as a pilot for what would be- tries a specific policy objective of U.S. foreign environmental consciousness. come a national food drive sponsored by the assistance programs. The legislation will im- Such environmental consciousness and the NALC the first Saturday before Mother’s Day. prove the quality of lives for millions of people promise of a regional ethanol market are most In fact, this national program, which began in around the world. Malcolm’s insightfulness and notably being felt in Upstate NY. Stemming 1991 and continues today, is the result of Mr. persuasiveness made a legislative dream a re- from research and development done at Cortese’s own food drive initiative in 1990. ality. SUNY–ESF, shrub willow trees are now being This is but one example by which Mr. One final mention, Madam Speaker. I used to produce cellulosic ethanol. This tech- Cortese’s unassuming, generous, and selfless should note that Malcolm Morris is Chairman nological advancement was funded by the manner made significant and positive changes and Co-Chief Executive Officer of a Fortune Federal government and the State of New in the lives of a countless number of people. 1000 company—Stewart Title Guaranty Com- York over the last decade. Through the finan- Along with my Santa Clara County col- pany, headquartered in Houston. cial backing and support of Catalyst Renew- leagues, Congressman HONDA and Congress- Madam Speaker, I ask my colleagues to ables, the ESF technology has been inte- woman ESHOO, and my constituents in San rise and join me in tribute to Malcolm S. Mor- grated with a biomass electric facility to create Jose, I am honored to pay tribute to Tony ris. With the dedication of the water wells in a CO neutral to negative cellulosic ethanol re- Cortese. Kenya, the peace spigot has been turned on. 2 finery. This energy independent facility creates We thank his family for supporting his work Clean water is a source of life and sustainable over many years and for being the source of development. Simply put, Mr. Morris has dem- transportation fuel, electric energy and pro- vides residual steam to other industries, which tremendous pride for him, his wife Barbara, onstrated that we should view water as a cur- his daughter Caroline and son-in-law Don rency for Peace. further reduces fossil fuel use. The result will be one of the first commercial cellulosic eth- Bauldry, his sister Mary and brother-in-law f anol plants in North America which will create Vince Catalano, and his grandchildren Austin ADVANCED FUELS INFRASTRUC- a regional market that will be felt throughout and Ashley. Our thoughts are with you during TURE RESEARCH AND DEVELOP- New York and surrounding states. your grief, and we are honored with the years MENT ACT of service Mr. Cortese gave to both the NALC Such encouraging developments in New and the United States Postal Service as well York State will greatly benefit from the ethanol as the residents of San Jose, California and HON. JAMES T. WALSH technologies supported in H.R. 547. However, the State of California. He will be dearly OF NEW YORK the cellulosic ethanol industry, which is still in missed. IN THE HOUSE OF REPRESENTATIVES its infancy, faces numerous challenges. These f Friday, February 16, 2007 include competition with established fossil fuels, corn based ethanol production, and tax ON RECOGNIZING THE 80TH BIRTH- Mr. WALSH of New York. Madam Speaker, inequality with wind and solar energy. As a DAY OF F. WILLARD VICKERY I rise today in fundamental support of H.R. Nation, we must promote the regionalization of AND HIS IMPACT ON THE SCOUT- 547, The Advanced Fuels Infrastructure Re- biorefineries beyond the cornbelt. Currently, ING COMMUNITY AND NORTH- search and Development Act, which provides such markets do not receive equal funding op- WEST FLORIDA important direction for further development of portunities, hindering biomass refinery com- the infrastructure needed to bring various mercialization. HON. JEFF MILLER biofuels, like ethanol, to the entire U.S. mar- OF FLORIDA ket. If our Nation is serious about lessening our IN THE HOUSE OF REPRESENTATIVES Currently the biofuel infrastructure in our dependence on foreign oil and promoting al- country is not ready for an influx of biofuels ternative energies like that developed at ESF, Friday, February 16, 2007 and the impending transition from petroleum we must embrace and encourage the eco- Mr. MILLER of Florida. Madam Speaker, I fuels to alternative fuels. Appropriately, the nomic benefits of regional biofuel markets. rise today to recognize the 80th birthday of F.

VerDate Sep 11 2014 12:05 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00045 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR17FE07.DAT BR17FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4622 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 17, 2007 Willard Vickery and his impact on the scouting A RESOLUTION TO COMMEMORATE ers a gift of $50,000. Her enthusiasm for the community and Northwest Florida. THE FISK JUBILEE SINGERS choir led to the painting of the life-size portrait WITH A POSTAGE STAMP Mr. Vick, as he is known, began his journey of the original 11 Jubilee Singers. Over many years of performances the Jubilee Singers in scouting in 1939, obtaining the rank of HON. ALCEE L. HASTINGS were able to raise over $100,000 to finance Eagle Scout 5 years later. Ever since his 12th the continued existence of Fisk University. birthday in 1939, he has held the Boy Scouts OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Madam Speaker, the accomplishments of of America in the highest regard. Because of the Jubilee Singers remain the reason Fisk this pivotal time in our nation’s history, Mr. Friday, February 16, 2007 University is able to educate students today. Vick served as the Scoutmaster when adult Mr. HASTINGS of Florida. Madam Speaker, As a Fisk graduate, this institution of learning leaders were sent off for military service. Soon I rise today to introduce a resolution to rec- is responsible for my participation in this great he would follow his former Scoutmasters’ ommend that the United States Postal Service Congress. Thus, commemorating the Jubilee paths by joining the United States Navy upon issue a postage stamp to commemorate the Singers with a First Class U.S. postage stamp graduating from high school, and served in the achievements of the Fisk University Jubilee would be a tremendous honor to acknowledge medical corps in Tennessee. He remained in Singers. I would like to thank my colleagues of the sacrifice and remember the services of Tennessee after the War’s end and attended the Congressional Black Caucus and the Ten- these young individuals. college there. It was during this time that he nessee Delegation that have joined me to in- It took immense determination to pursue an education after many years of condemnation became involved once again with Scouting at troduce this important legislation. On January 9, 2007 Fisk University cele- and rejection. The majority of the Jubilee Sing- a local camp, and also met Annie, his wife of brated its 141-year anniversary. Known for its ers were ex-slaves; however, this did not nearly 59 years. educational excellence and inspirational lead- hinder their achievement. Their status did not After graduating college, he became a full- ership the heart of Fisk University is found in dictate or hinder their dreams of success. time employee of the Boy Scouts of America its Jubilee Singers. The perseverance of the They used their gift of music to portray the re- in Chattanooga, Tennessee. This was the first renowned Jubilee Singers has anchored Fisk alities and stories of their lives. of several Scouting camps that Mr. Vick would University’s success through the preservation It was the commitment and hard work of the be instrumental in having built throughout the of the Negro Spiritual as a musical art form Jubilee Singers that should be highly regarded South. Throughout the next decade, his career and contributions to perpetuate the existence as a selfless act. Having the perseverance to led him to Georgia and then Arkansas. As his of the University. fight racism, to overcome the constant hard- professional experience grew, so did his rep- Sponsorship for this liberal arts institution ship of personal financial troubles, through sickness, and fatigue, they continued for the utation as a great scout leader. Mr. Vick be- began with support from the American Mis- sionary Association, as well as a great finan- sake of posterity. came known as a leader who put passion into cial contribution by Tennessee Freedmen’s Madam Speaker, commemorating the Jubi- the development of professional young men Bureau member, General Clinton B. Fisk. His lee Singers with a First Class postage stamp through the Boy Scouts. In fact, the governor generosity led him to purchase 42 acres of will acknowledge their legacy to the world. Ac- of Arkansas at the time was so impressed that land to start this school for newly freed slaves, cording to the National Science Foundation, he specifically tasked his son with learning ranging in ages from 6 to 67. Fisk alumni earned more doctoral degrees in from Mr. Vick. On August 22, 1867, three years after the the natural sciences than African-American In the early 1960s, Mr. Vick brought his Emancipation Proclamation, Fisk became in- graduates from any other college or university family to Pensacola, Florida. Soon after, he corporated and was finally able to provide stu- in the Nation. was named the Executive Scout for the Gulf dents of color with the opportunity to obtain an The original students who left Fisk Univer- sity in October 6, 1871, never had the oppor- Coast Council. During his time in this position education. When faced with financial hardship, tunity to finish their education. Yet instead Mr. Vick made a very notable hire. Roy Wil- it was the Jubilee Singers that overcame sig- they risked their lives to save Fisk University liams, who was hired to be the Finance Direc- nificant opposition to generate life-sustaining revenue. knowing one day their dreams would come tor, later went on to become the Chief Execu- The advancement of this choir throughout true. tive of the Boy Scouts of America. There is no the racially prejudiced Nashville community Madam Speaker, for their past accomplish- doubt in my mind that the leadership and brought great struggle and hostility. Parents ments and continued success for the future, I mentoring provided by Mr. Vick played an in- and University staff were initially opposed to ask Congress to commemorate these heroes strumental role in shaping Roy into the Scout the choir traveling due to the threat of vio- of my alma mater with a United States post- leader he is today. lence. As a result the financial sponsorship age stamp. The legacy of the Fisk Jubilee Roy also worked with many outside the from the American Methodist Association de- Singers should be recognized as an enduring Scouting community, including members of nied funding for the school. Against these triumph of American history. I ask my col- leagues to support this legislation and ask the First Baptist Church and Rotary International. odds, the director and founder, George L. House Leadership to swiftly bring this resolu- Mr. Vick was a host for several foreign ex- White, persevered and scheduled the choir a tion to the floor for consideration. change students and also served on the Com- tour in the fall of 1867. Mr. White told the f munity Task Force addressing the problem of A.M.A., ‘‘I’m depending on God, not you,’’ and set off with his singers and the last $40 of the violence in public schools. Other educational CELEBRATING NATIONAL DAY OF school’s treasury. work included serving as a volunteer drum- SERBIA AND HONORING SERBIA Madam Speaker, the Fisk Jubilee Singers FOR 125 YEARS OF DIPLOMATIC ming teacher to elementary and middle school then embarked on what became an inter- students. RELATIONS WITH THE UNITED national tour to raise funds for Fisk University. STATES Certainly, Scouting was the mainstay Their first grand appearance was for a Na- through most of his life, eventually earning him tional Convention for Influential Ministers, in Ohio at Oberlin College. It was one of the first HON. MELISSA L. BEAN the Distinguished Eagle Scout Award. His OF ILLINOIS public performances of the secret music that strong faith, along with that of his wife Annie, IN THE HOUSE OF REPRESENTATIVES helped to guide and focus men and women of African Americans had sung in fields and be- Friday, February 16, 2007 all ages to become better people through hind closed doors. In this performance, Negro helping themselves and helping others. Spirituals, which had been a means of com- Ms. BEAN. Madam Speaker, I rise today to munication and the celebration of spirituality celebrate National Day of Serbia, which ob- Madam Speaker, on behalf of the United for centuries, were first introduced to the pub- serves the anniversary of the adoption of Ser- States Congress, it is an honor for me to rec- lic sphere. bia’s first modern constitution in 1835. In addi- ognize F. Willard Vickery on the occasion of The highlight of their international tour was tion, this year marks Serbia’s first National his 80th birthday. His leadership through faith an audience with Queen Victoria. Over- Day as an independent nation-state. and good deeds to this day leaves an ever- whelmed with the choir’s performance, Her February 15th is also Armed Forces Day in lasting impression on those who know him. Royal Majesty bestowed on the Jubilee Sing- Serbia which commemorates the beginning of

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Friday, February 16, 2007 to the future of the former Yugoslav republics, I extend my deepest sympathy to the entire Mr. BLUMENAUER. Madam Speaker, today the Balkans, and the rest of eastern Europe. Sheldon family for their loss; a loss we all I am introducing the Ethics Reform Act of Strong ties with the United States are nec- share. The passionate works of Sidney Shel- 2007 with Congressman GREG WALDEN. This essary as Serbia looks to encourage inter- don that defined a generation will continue to legislation would abolish the Committee on national investment, expand its economy and live in the hearts of countless future genera- Standards of Official Conduct and establish an move forward into the future. tions of Americans. We celebrate his memory Independent Ethics Commission. Madam Speaker, please join me, Serbian- and our Nation is better for his service. Recent legislation and current proposals at- Americans and the citizens of Serbia in re- tempt to reform the ethics process; however, membering such an important date in their his- f they do not address the core issue at hand, tory. Congress’s ability to govern its own ethical be- f PAYING TRIBUTE TO RAY LEE havior. Members of Congress and their per- HUNT sonal relationships can skew the evaluation SPECIAL TRIBUTE TO MR. SIDNEY process and create the potential for decisions SHELDON being made upon a personal or political basis. HON. EDDIE BERNICE JOHNSON This legislation would rectify these issues by HON. MARY BONO replacing the Committee on Standards of Offi- OF TEXAS OF CALIFORNIA cial Conduct with a panel made up of former IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Members of Congress who can bring a higher Friday, February 16, 2007 level of objectivity to the table. Friday, February 16, 2007 Our ethics reform bill would deal com- Mrs. BONO. Madam Speaker, I rise today to prehensively with accountability and oversight Ms. EDDIE BERNICE JOHNSON of Texas. recognize and pay special tribute to a great of Congress in a way that cannot be accom- Madam Speaker, I rise today to commend the American playwright, television visionary and plished under the current system. life of humanitarian Ray Lee Hunt in honor of literary artist whose stories and characters f have entertained and impacted the lives of his 2007 Linz Award. Mr. Hunt is not only generations of Americans, Mr. Sidney Shel- being recognized for his humanitarian effort ON RECOGNIZING THE 80TH BIRTH- don. and his longtime dedication to community DAY OF F. WILLARD VICKERY For more than 20 years Sidney Sheldon services but for his exemplary leadership in AND HIS IMPACT ON THE SCOUT- was a prominent and respected force in tele- supporting the revitalizing of downtown Dallas ING COMMUNITY AND NORTH- vision who created such popular programs as and his strong commitment to the community’s WEST FLORIDA I Dream of Jeannie (1965–70), Hart to Hart health and medical care system. (1979–84), and The Patty Duke Show (1965– For over more than a decade, Mr. Hunt has HON. JEFF MILLER 70). These sitcoms helped propel the careers provided health care to Dallas’s impoverished OF FLORIDA of some of our most beloved actors on stage IN THE HOUSE OF REPRESENTATIVES and screen including Barbara Eden, Larry population through Dallas Medical Resources. Hagman, Stephanie Powers, Robert Wagner, As a chairman he has sought to secure Fed- Friday, February 16, 2007 and Patty Duke. eral funding for Parkland Memorial Hospital. Mr. MILLER of Florida. Madam Speaker, I As a legendary writer, Sidney Sheldon won Mr. Hunt has not only improved the health rise today to recognize the 80th birthday of F. numerous awards that spanned three ca- care system in Dallas, but he has also helped Willard Vickery and his impact on the scouting reers—a Broadway playwright, a Hollywood promote the city as a medical center. community and Northwest Florida. TV and movie screenwriter, and a bestselling The Linz Award that Mr. Hunt will receive on Mr. Vick, as he is known, began his journey novelist. April 4, 2007, it’s an award that is given annu- in scouting in 1939, obtaining the rank of At the age of 50, Sidney Sheldon focused ally to a Dallas County resident for his civic or Eagle Scout five years later. Ever since his on creating best-selling novels that included humanitarian efforts. He is the 78th recipient 12th birthday in 1939, he has held the Boy Master of the Game (1982), The Other Side of of the award created in 1924 by Simon Linz, Scouts of America in the highest regard. Be- Midnight (1973) and Rage of Angels (1980). one of the founders of Linz Jewelers. cause of this pivotal time in our nation’s his- Although those were his most famous literary tory, Mr. Vick served as the Scoutmaster works, Sidney Sheldon also published a total Mr. Hunt is one of those people who give so when adult leaders were sent off for military of 18 novels. much to the community without asking any service. Soon he would follow his former When expressing his passion for composing praises or interpretation. Mr. Hunt has helped Scoutmasters’ paths by joining the United novels, Sidney Sheldon stated, ‘‘I love writing raise millions of dollars to improve poor health States Navy upon graduating from high books. Movies are a collaborative medium, care in Dallas County. Mr. Hunt has been school, and served in the medical corps in and everyone is second-guessing you. When chairman of Dallas Medical Resource since it Tennessee. He remained in Tennessee after you do a novel you’re on your own. It’s a free- was founded in the late 1980s. Mr. Hunt has the War’s end and attended college there. It dom that doesn’t exist in any other medium.’’ also been a major benefactor to the Austin was during this time that he became involved Sidney Sheldon was a proud American Vet- Street Shelter, the Genesis Women’s Shelter once again with scouting at a local camp, and eran, who upon his return from service during and UT Southwestern Medical Center. also met Annie, his wife of nearly 59 years. WorId War II, focused his attention on writing He has also served our government in var- After graduating college, he became a full- plays for Broadway. In recognizing Sheldon’s ious ways. In 2001, President George W. time employee of the Boy Scouts of America unquestionable talent as a playwright, Sidney in Chattanooga, Tennessee. This was the first Bush appointed him to the President’s Foreign Sheldon won a Tony award for his work on of several scouting camps that Mr. Vick would Intelligence Advisory Board. He has also the play Redhead in 1959. be instrumental in having built throughout the served as chairman of the board of directors Over the decades, Sheldon accrued numer- South. Throughout the next decade, his career ous awards and recognition for his commit- of the Federal Reserve Bank of Dallas. led him to Georgia and then Arkansas. As his ment to television, film, and stage, including Madam Speaker, Mr. Hunt is a man who not professional experience grew, so did his rep- winning an Academy Award for Writing Origi- only represents the spirit of Dallas but of our utation as a great scout leader. Mr. Vick be- nal Screenplay (1947) for The Bachelor and Nation. came known as a leader who put passion into

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