Senate TUESDAY, FEBRUARY 5, 2008

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

Vol. 154 WASHINGTON, TUESDAY, FEBRUARY 5, 2008 No. 18 House of Representatives The House was not in session today. Its next meeting will be held Wednesday, February 6, 2008, at 2 p.m. Senate TUESDAY, FEBRUARY 5, 2008

The Senate met at 10 a.m. and was APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- called to order by the Honorable JON PRESIDENT PRO TEMPORE pore. Without objection, it is so or- TESTER, a Senator from the State of The PRESIDING OFFICER. The dered. Montana. clerk will please read a communication f to the Senate from the President pro PRAYER RECOGNITION OF THE tempore (Mr. BYRD). REPUBLICAN LEADER The Chaplain, Dr. Barry C. Black, of- The bill clerk read the following let- The ACTING PRESIDENT pro tem- fered the following prayer: ter: Let us pray. pore. The Republican leader is recog- U.S. SENATE, nized. We acknowledge today, O Lord, Your PRESIDENT PRO TEMPORE, power, mercy, and grace. We need Your Washington, DC, February 5, 2008. f power for the challenges we face. We To the Senate: STIMULUS PACKAGE need Your mercy, for we transgress Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Mr. MCCONNELL. Mr. President, Your law and fall short of Your glory. Americans are probably wondering why We need Your grace, for we cannot appoint the Honorable JON TESTER, a Sen- ator from the State of Montana, to perform the rebate checks we have been talking offer anything to merit Your favor or the duties of the Chair. about now for almost a month are still gain Your love. ROBERT C. BYRD, being debated on the floor of the Sen- Empower our Senators for today’s President pro tempore. ate, and we owe them an answer. journey. Give them confidence to draw Mr. TESTER thereupon assumed the Two weeks ago they saw what looked near to You that they may find grace chair as Acting President pro tempore. like a bipartisan agreement between to help them in this time of need. May Democrats and Republicans in Con- f they pass their days in Your presence. gress and the White House over the de- Enable them to learn the faithful stew- RECOGNITION OF THE MAJORITY tails of a deal. They saw Speaker ardship of time, energy, and abun- LEADER PELOSI and Leader BOEHNER, to their dance. Temper their gifts with Your The ACTING PRESIDENT pro tem- great credit, resist the temptation to wisdom as You help them with their add pet projects that they knew would decisions. Remind them that leadership pore. The majority leader is recognized. only slow the package down—and rob it can work miracles with cooperation of its stimulative effect. They heard a but accomplishes little with criticism f chorus of pleas from economists, trade and bitterness. SCHEDULE groups, and Members of both parties in We pray in the Name of Him who both Chambers endorsing this ap- came to bring peace on Earth. Amen. Mr. REID. Mr. President, this morn- proach. This package had to be tar- ing there will be an hour of morning geted and it had to be timely, or it f business, with Senators allowed to wouldn’t work at all. speak therein for up to 10 minutes So most days we find ourselves try- PLEDGE OF ALLEGIANCE each. The first half of the time will be ing to explain to people why it takes so allocated to the minority, the second The Honorable JON TESTER led the long to do things in the Senate. But Pledge of Allegiance, as follows: half to the majority. this time was going to be different. ORDER OF RECOGNITION I pledge allegiance to the Flag of the Here was that rare situation when both United States of America, and to the Repub- I now ask unanimous consent that parties agreed to put politics and indi- lic for which it stands, one nation under God, following morning business, I be recog- vidual interests aside and come to- indivisible, with liberty and justice for all. nized. gether for the good of the people.

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

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VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S614 CONGRESSIONAL RECORD — SENATE February 5, 2008 But then the stimulus bullet train it. They are completely fed up with po- bill a ‘‘pet project’’ calling for extend- turned into a rickety stage coach here litical gotcha. Americans want—and ing unemployment benefits. That is in the Senate. When it got right down deserve—results. our ‘‘pet project.’’ I have to stand ac- to it, Senate Democrats couldn’t do Taxpayers will get their rebate cused, and I am guilty of that because what House Democrats had done. They checks and businesses will get their I support that. couldn’t resist—not even one time—a much-needed relief, but not without As we speak, we have some people— chance to play politics. having to watch a show here for a few even though in Washington it is fairly If Americans are wondering why more days or a week—put on for the warm and the low last night was 41, their checks aren’t in the mail, they sake of a depressingly familiar polit- other people are cold. We have a ‘‘pet can find it in last week’s news clips. Of ical circus. project’’ in the bill dealing with giving particular interest is an AP story enti- That is unacceptable to Republicans. them assistance so they can pay their tled ‘‘Politics Creeps into Stimulus I presume it is unacceptable to the 385 heating bills. They will spend that Package.’’ Democrats are holding onto Democrats and Republicans who voted money very quickly. the stimulus bill, the article said, not the stimulus package out of the House. We have another ‘‘pet project’’ that to speed up the rebate checks, but to It is unacceptable to the more than was supported on a bipartisan basis in try to make Republicans look bad in 100 million American families who are the bill to give homeowners relief. One November. Asked about the amend- probably still wondering why we are of the ‘‘pet projects’’ in this bill was ments we were expecting to take up talking about this bill at all. talked about by the President in his this week, the senior Senator from New The ACTING PRESIDENT pro tem- State of the Union Message. When we York said, ‘‘It’s tough votes for them.’’ pore. The majority leader is recog- heard him say it, we all knew he prob- It’s tough votes for them. nized. ably didn’t really mean it, but he Now, the same AP article also help- f talked about doing something to refi- fully points out that the senior Sen- nance homes that are in default. We STIMULUS PACKAGE ator from New York is no sideline ob- took the President’s word, and one of server in this debate. It notes that he Mr. REID. Mr. President, what we our ‘‘pet projects’’ is what the Presi- moonlights as chairman of the Demo- have seen here on the Senate floor this dent wanted and which is in this Sen- cratic Senatorial Campaign Com- morning is very much in keeping with ate stimulus package. mittee. For people outside the beltway, what has happened in the last 7 years To talk about the timely nature of that means he is in charge of recruit- with the Bush administration. The this, a rebate check, even under the ing and helping Democrat candidates Bush administration is Orwellian. It most generous timeframe, cannot come for the Senate—which, this week, ac- says something that means something until after the income tax returns are cording to the AP, evidently involves else. The President comes to town and filed in April of this year. So we are holding up the stimulus bill over votes wants to be a ‘‘uniter’’ and not a di- moving this as quickly as we should. he thinks will help his candidates vider. The American people know how One of the ‘‘pet projects’’ we have in against Republicans in November. disingenuous that has been. this bill is to take care of about 250,000 Now I don’t know if the thrust of this The President had the ceremony on disabled veterans—American veterans article was entirely accurate. But if it an aircraft carrier. He had his flight who, in the course of their duties serv- was, these are precisely the kind of suit on, with a big banner up saying ing this country, have become disabled. shenanigans Americans had been hop- ‘‘Mission Accomplished.’’ That was al- We, as one of our ‘‘pet projects,’’ de- ing we could get past this year. And, most 5 years ago. Since that time, 3,000 cided it would be nice—if everyone else frankly, Senate Republicans were hope- American soldiers have been killed, was getting a rebate check, shouldn’t a ful after the speed with which the and more than 20,000 have been wound- disabled veteran get one? So that is a House approved its version of the ed. Is that Orwellian? I think so. ‘‘pet project.’’ I support it, and I think growth package that Senate Democrats What has taken place here on the it is very important. would also see the wisdom in coming Senate floor today is in keeping with One of the ‘‘pet projects’’ we sup- together to deliver relief in a timely this Bush situation. port—and I think there is bipartisan manner. By the way, the Bush White House— support for it—is to take care of 21.5 It’s disappointing that politics would for the first time in more than 130 million seniors who, with the House- come to play a part in a deal that years—has someone working in the passed bill, get a big goose egg—noth- seemed refreshingly free from it for a White House who is indicted and con- ing. I have not criticized the House change. But unfortunately, it seems victed of a crime. The same White bill. It was a good start. But even the never-ending campaign that taint- House had someone in charge of budg- Speaker PELOSI, my dear friend, recog- ed so much of last year’s Senate busi- eting and taking care of Government nizes that what they did is inadequate ness has carried over to this year. contracts who is now in prison, Mr. and that what we are going to do is Last night, my good friend the ma- Safavian. This is the same President much better. We are going to give 21.5 jority leader suggested that Repub- who presided over a House majority million seniors a rebate. What does licans were delaying action on the leader who had two ethics convictions. that mean? They will spend it and stimulus plan because we asked for What did he do to avoid any penalties? stimulate the economy. some time to review his latest pro- He changed the rules in the House until Mr. President, to say they need time posal—a full 4 days after he said he he was indicted by the State of Texas. to read this gargantuan bill we have— would deliver it. Never mind that pas- Now, a number of House Members’ staff it was best summarized by the Senator sage of the Senate Democrats’ bill who dealt with that are in prison, and from California; she did it last night. forces a conference, worsening an al- others are planning on going there. Senator BOXER brought to the Senate ready-prolonged process. Never mind Mr. President, what we have heard floor the addition to the bill that they that once we did take a look, we no- today here on the Senate floor is as Or- are still reading. It is a page and a half ticed an extra $1 billion in spending, wellian as anything could be. Two long. So we have had 12 to 14 hours; which I think most Americans would weeks ago, the House passed a bipar- they could have read two or three consider a significant addition. And tisan bill. Sure, they did. They sent it words an hour and gotten through that. never mind that our friends on the over here for us. Under the Constitu- Today, we should be able to finish other side had no intention of voting tion, we have an obligation to consider the Foreign Intelligence Surveillance on the package today anyway. that. It is an insult to the bipartisan Act legislation and have a time set for We could have disposed of this stim- bill that came out of the Senate Fi- tomorrow to finish the vote on the ulus package a week ago, but our nance Committee to call this matter stimulus package. Sixty votes is all we Democratic colleagues wanted, as they which is now before the Senate ‘‘Sen- want. There are 51 Democrats, and ev- said, to put their ‘‘stamp’’ on it. ators’ pet projects.’’ eryone will vote for this. It is the Mr. President, I don’t think Ameri- We have millions of people who are House package with those ‘‘pet cans care one bit whether this bill has out of work and others who are looking projects’’ that take care of seniors, dis- a Republican or a Democratic stamp on at being out of work. We have in our abled veterans, and a few other people

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S615 where we feel it is important, espe- nel made a documentary about the bat- ball team and the outfield on the base- cially the unemployed people who are tle of Fallujah, and Sean’s heroic ac- ball team. desperate for another check and are tions were prominently featured. Upon learning that Sean died, Bear trying to find a job. Embedded in Sean’s platoon was Pat River retired his No. 51 football jersey, Mr. President, the Orwellian Bush O’Donnell, a historian who wrote a the first time the school has ever re- administration has now slopped over critically acclaimed book, ‘‘We Were tired a number. into the Senate, and now the Repub- One: Shoulder to Shoulder with the Of his baseball ability, Sean’s dad lican leader is becoming Orwellian Marines Who Took Fallujah.’’ Mr. draws a parallel to a great home-run himself. O’Donnell has said Sean hid his wounds hitter also born on Wednesday—Babe f on more than one occasion so he could Ruth. He said it is no coincidence that stay with his Marine brothers rather he was the only kid on the all-star RESERVATION OF LEADER TIME than take the mandatory medical evac- team to hit the ball out of Babe Ruth The ACTING PRESIDENT pro tem- uation. He said: Baseball Park onto the nearby road, pore. Under the previous order, the Sean always put others first before him- not once but three times. leadership time is reserved. self. Sean’s dad also says he was quite f Sean will be receiving the Silver Star popular and had lots of girlfriends. But he had found true love and was engaged MORNING BUSINESS tomorrow for his actions on his first tour. His father Gary conducted re- to Nicole Besier, a beautiful young girl The ACTING PRESIDENT pro tem- search, and as best as he can tell, Sean who is also a Marine. pore. Under the previous order, there is the first Marine to be awarded the Gary Stokes wrote to me about his will now be a period for the transaction Silver Star for actions while a private son: of morning business for 60 minutes, since two Marine privates received Sean turned out to be a great fisherman with Senators permitted to speak such an honor during the Vietnam war. and from the time he was a little guy, he therein for up to 10 minutes each, with In September 2005, Sean returned to loved to fish. I remember taking Sean camp- the time equally divided and controlled Iraq, once again at the front of his pla- ing, and that is all he wanted to do the en- between the two leaders or their des- toon, where he distinguished himself tire time during our camping trips and other outings and vacations. Even though I under- ignees, with the first half of the time and was eventually promoted to cor- under the control of the Republican stand that the Tigris River was polluted and poral. at times surrounded by terrorists, I would be leader or his designee and the second Sean could have left the Marine surprised if Sean did not throw in a fishing half of the time under control of the Corps at the end of that tour. His fa- line a few times during one of his three tours majority leader or his designee. ther urged him to get out, but Sean in Iraq. The Senator from California. said: What about everybody else? He ‘‘Sean, like his brother Kevin, is a f felt the need to stick by his buddies great son,’’ his father writes. We do ORDER OF PROCEDURE who had stood by his side every single have a photo, I believe, of Kevin. We day in Iraq. are going to get out the photo to show Mrs. BOXER. Mr. President, I ask In April of 2007, Sean went back for the brothers together. unanimous consent that I be allowed to his third deployment. Sean’s father speak on the Democrats’ time to pay Sean, like his brother Kevin, is a great son, wrote: and we always would make sure to make tribute to Marine Cpl Sean Andrew He went back to Iraq to protect his best time to do fun things together as much as Stokes. I thank Senator KYL for agree- friend, Bradley Adams, and because he want- possible, like golf, fishing, or camping. ing to this request. ed to be a Marine more than anything else in This is a picture of Sean and his The ACTING PRESIDENT pro tem- life. brother. pore. Without objection, it is so or- Sean, along with Bradley, was as- His father continues: dered. signed to the battalion commander’s Sean and I made the commitment years f personal security detachment, a posi- ago to not be like the father and son in the HONORING OUR ARMED FORCES tion reserved for elite and combat-sea- song ‘‘Cats in the Cradle.’’ Sean has touched soned warriors. The two managed to many lives during his short life and he was CORPORAL SEAN ANDREW STOKES eventually maneuver their way into loved and was respected by everyone whom Mrs. BOXER. Mr. President, tomor- the lead vehicle, once again taking he met. row, Wednesday, February 6, at Camp point, which earned Sean the nickname Sean’s life was short, but it was full and he Pendleton in my home State of Cali- ‘‘Pathfinder.’’ always gave it his all in everything he did. fornia, one of the true heroes of our That battalion commander told Gary Tomorrow’s ceremony at Camp Pen- country will receive a rare and distin- Stokes his son had saved his life on nu- dleton honors the heroism and the guished honor. On what would have merous occasions, including on July 30, bravery of Sean Stokes. Similar to the been his 25th birthday, Marine Cpl 2007, the day Sean Stokes died from an other Marines out at Camp Pendleton Sean Andrew Stokes—and I show you improvised explosive device attack and the rest of the men and women in that beautiful face in this picture—will while on patrol in Al Anbar Province. uniform around the world, he volun- be awarded the Silver Star for heroic Over 820 men and women who were teered to carry the burden of pro- actions performed in the line of duty either from California or based in Cali- tecting our beloved Nation. during Operation Phantom Fury in fornia have died in Iraq. This young He fought for the man next to him Fallujah, Iraq. and heroic Marine is one of them. and for the troops behind him, and he From November 9 through November Sean Stokes represented the best of died in service to them. We owe him 18 of 2004, then-Private Stokes took the the Marine Corps, the best of the our gratitude. And we owe his family position of ‘‘point’’ in his platoon. That United States, the best of California. our gratitude and we owe the families means he was the first Marine to enter He was born 25 years ago Wednesday in of all the men and women who serve in a building and the first Marine to en- Fremont, CA. He grew up in the gold harm’s way our gratitude. We can counter whatever and whoever was in- country of California in the town of never forget what they have sacrificed. side. Bullets, grenades, and rockets Auburn. I conclude as the Senator from Cali- were around every corner. For 9 days He was into cars and his dad says he fornia, we have lost so many. As a and nights, Sean fought insurgents in had lots of them. When he returned mother, as a grandmother, I will do ev- hand-to-hand combat, in house after from his first tour in Iraq, the people of erything, along with my colleagues, to house, in building after building. Auburn learned he wanted to fix up his bring our troops home and to spare Most of us would lose our sanity in Honda Prelude, so they, the people of others the deep grief this family has such a place, but Sean kept his sanity the town, put on some new rims, endured. with a simple prayer of thanks after spruced it up, and made it look good— I again thank Senator KYL for his coming out of each house alive. all free of charge—for Sean. graciousness in allowing me to have Word of Sean’s actions over those He attended Bear River High School, this opportunity to pay tribute to days quickly spread. The History Chan- where he played linebacker on the foot- Sean.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S616 CONGRESSIONAL RECORD — SENATE February 5, 2008 I yield the floor. It provides a rebate of $600 for indi- $323 million for manufacturers of en- The ACTING PRESIDENT pro tem- viduals and $1,200 for married filers, ergy-efficient appliances; pore. The Senator from Arizona. and gives parents another $300 for each $247 million for tax breaks for Mr. KYL. Mr. President, I thank the child. The rebate is phased out for indi- wealthier investors in marginal oil and Senator from California for her re- viduals with adjusted gross income of gas wells; marks about Sean and his service to more than $75,000, and couples with ad- $153 million to for energy-efficient this country. He clearly represents all justed gross income. of $150,000. commercial buildings; and those marines, soldiers, and others who It also expands the ability of small $100 million for coal companies owed have given their lives and the many businesses to expense new equipment interest by the Federal government others who have been casualties of con- purchases for 2008 and gives businesses from a court case. flicts on behalf of the American people. of all sizes the ability to write off 50 Interestingly, the committee de- We do, indeed, owe them our debt of percent the cost of many new depre- feated an amendment I offered to patch gratitude and we, as policymakers, in ciable assets placed in service in 2008. the AMT for 2008. the country owe them decisionmaking The House bill was passed on Janu- The committee defeated an amend- which ensures that their sacrifices will ary 29 by a vote of 385 to 35. ment offered by Senator ENSIGN to pro- not have been in vain. The administration predicts that the vide another repatriation window, during which companies could bring back f proposal would boost the economy by about 0.7 percent. In reality, that overseas earnings at a much-reduced ECONOMIC STIMULUS PACKAGE ‘‘growth’’ would be borrowed from the tax rate. Mr. KYL. Mr. President, I wish to future. It would not create new growth. The committee also denied me an op- turn to the business at hand, which is While I disagree with the central portunity to offer a package of indi- the so-called economic stimulus pack- premise of the House-passed bill—that vidual and business tax provisions that age. I have not had an opportunity to we need to stimulate consumer spend- expired at the end of 2007 and other offer my personal views on this issue. ing—I am impressed that the bill was provisions that expire at the end of I do not believe that tax rebate very narrowly focused and that it gen- this year, including: checks and an extension of unemploy- erally did not include new spending. the teacher tax deduction, ment benefits will boost the economy. While the House bill was not the bill the tuition deduction, Of course, Americans deserve to keep the R&D tax credit, I would have written, I feared that it accelerated depreciation for lease- more of their hard-earned dollars and would become far worse in the Senate. holds and restaurants, and Washington should spend less of them. It has. extending foreign tax changes that But giving people tax rebates and tell- The bill passed out of the Finance help U.S. multinationals compete—ac- ing them to go shopping will do vir- Committee dedicates $10 billion to ex- tive financing and the CFC look- tually nothing to grow our economy. tend unemployment benefits. Our cur- through. Our economy grows—GDP increases— rent unemployment rate is 4.9 percent. At best, proposals for short-term, de- when new goods and services are pro- Congress has never before extended un- mand-side stimulus will borrow eco- duced. A one-time shopping spree is not employment benefits when the rate is nomic growth and consumer spending going to encourage a business to hire this low. Because extending unemploy- from the future, and will appear to cre- one additional worker or invest in one ment benefits has the effect of length- ate a small boost for the economy. additional machine. Only a permanent ening the traditional spell of unem- My real worry is that we are doing a reduction in tax rates will do that. ployment by 1 to 2 weeks, this provi- disservice to all Americans if we tell Gross domestic product increased by sion effectively eliminates any possible them that increasing consumer spend- just 0.6 percent in the fourth quarter of stimulative effect of the bill. ing is a panacea to our economic prob- 2007. While most economists do not It also included a slightly smaller tax lems. forecast that the U.S. economy will rebate—$500 per individual, $1,000 per We would be far wiser to recognize enter recession this year, they do esti- couple, $300 per child. Unlike the House that our short-term challenge now is mate it will enter a period of below- bill, the rebate would be available to deflated home values and a glut of trend growth in the first half of 2008, senior citizens and disabled veterans housing, along with insufficient liquid- with growth recovering in the third who otherwise have no earned income. ity in the capital markets—none of and fourth quarters. While I generally oppose the idea of re- which will be fixed by this, or the The current unemployment rate is 4.9 bate checks, this change from the House-passed, stimulus bill. percent; down from 5 percent in Decem- House bill is probably one on which we The only viable remedy is to focus on ber. The drop is due to an upward revi- can agree. But we should understand policies that encourage sustainable sion in the number of jobs created in that fully 42 percent of the rebate ap- economic growth by encouraging work, December. proved by the Finance Committee is investment, and entrepreneurship. The preliminary estimate is that the classified as ‘‘spending’’ because it We are scheduled to see across-the- number of jobs created in January fell would go to individuals with no tax li- board hikes in income tax rates and in- by 17,000—the first decline in many ability. vestment tax rates, as the current months. But note that a very small in- The Finance bill also seeks to ensure rates automatically expire, reverting crease in December job creation was that illegal immigrants cannot legally to the pre-2001 and pre-2003 higher revised upward to 82,000 new jobs. Also, obtain tax rebates, something we all rates—and we know from economists the initial August 2007 jobs reading support. that the only way to encourage sus- showed a 4,000 job decline, but it too The Finance package also includes tainable economic growth is to encour- was revised upward substantially. The the same business tax breaks as the age work, savings, and investment January figure could well be revised House bill but adds a 5-year carryback through lower marginal rates. upward. for net operating losses. This is an im- No one is willing to see the child tax Over the past 30 years, from 1977 to portant provision that I helped to have credit cut in half, the marriage penalty 2007, personal consumption has grown included in the Finance bill and I spring back to life, or a host of other steadily and strongly and has not fall- would support adding it to the House popular provisions disappear. en off during economic downturns. bill. Washington is slowly coming to the In contrast, during times of economic From this point, the Finance Com- realization that our corporate tax rate weakness, private investment declines mittee bill really becomes a Christmas of 35 percent hurts American competi- significantly. We are seeing this very tree. All kinds of legislative ornaments tiveness. Only one OECD country— thing happen during this economic have been attached: Japan—has a higher rate. downturn as well. $3 billion for utilities wind and solar In fact, I filed an amendment to cut The Treasury Secretary negotiated energy production; the corporate rate to 25 percent when an agreement with the bipartisan $1.6 billion for energy-efficient the Finance Committee considered the House leadership. That agreement was homes, not particularly wise, given the economic stimulus bill. Larry Kudlow fairly simple: glut of new homes on the markets; had this to say about my amendment:

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S617 In my view, this would be the single best for the lower brackets—while raising 2007 jobs reading showed a 4,000-job de- pro-growth measure that Washington could taxes for taxpayers in the top brackets cline, but it also was revised substan- take. It would help create healthy busi- is completely counterproductive. The tially upward. So the January figure nesses, create jobs, and raise real wages. It only tax cuts that seem to result in in- could also be revised upward. also would boost the dollar. The minute such The point is unemployment is at a a bill is signed—the very minute—the incen- creased revenues are those that affect tive effects would take place. the wealthiest taxpayers because they relatively low level in this country, and it would be a huge mistake for us Last year, the Treasury Department have the ability to defer income, invest to exacerbate the unemployment situa- released a study of American competi- in tax deferred accounts, invest in tax- tion by extending unemployment bene- tiveness and determined that our high exempt bonds, and otherwise plan fits, as the Senate Finance Committee corporate tax rate is in fact a barrier around taxes. does. to encouraging businesses to locate in Art Laffer closes his article with this statement: In addition, personal consumption is the U.S. growing strongly and steadily, as it has Also in 2007, CHARLIE RANGEL, the Mark my words: If the Democrats succeed over the last 30 years. It has not fallen chairman of the House Ways and Means in implementing their plan to tax the rich off at all. What has fallen off, and this Committee, unveiled a comprehensive and cut taxes on the middle and lower income earners, this country will experience a happens during times of economic tax reform proposal which included a fiscal crisis of serious proportions that will weakness, is private investment, which reduction in the corporate tax rate to last for years and years. . . has declined significantly, and that is 30 percent. There seems to be a growing While Congress is focusing on stimu- what should be addressed but is not ad- consensus across party lines that our lating consumer spending and short- dressed, in the so-called stimulus pack- corporate tax rate should be reduced. term economic fixes, we must remem- age. Rather, what is addressed in the Another idea that has been gaining ber that it makes far better sense to stimulus package is, of course, con- traction is reducing the corporate cap- plan for long-term, sustainable eco- sumer spending which, in this case, is ital gains rate. This would have a tre- nomic growth. We must not let this de- not the solution to the problem. mendous ‘‘unlocking effect.’’ It simply viation into Keynesian economics be- At best, proposals for short-term, de- makes no sense to tax corporate cap- come an excuse for massive increases mand-side stimulus will borrow eco- ital gains at 35 percent; such a high tax in government spending, tax policies nomic growth and consumer spending rate only encourages companies to hold geared toward short-term consumer from the future and will appear to cre- on to unproductive assets. ate a small boost to the economy right For years and years, investors and spending; we must not ignore the importance of long-term savings and in- now, but they are borrowing it from Government officials have debated the future. Of course, we are also bor- whether the Treasury Department has vestment and we must remember to reward hard work with permanently low rowing $150 billion in order to accom- the necessary authority to index cap- plish this result. ital gains for inflation without Con- income tax rates. As George Melloan wrote recently: My worry is we are doing a disservice gress needing to act legislatively. I be- to all Americans if we tell them an in- lieve there is a case to be made that Ironically, even the brilliant John May- nard Keynes disowned [Keynesian Econom- crease in consumer spending is a pan- Treasury does have the authority, and ics]. After meeting with a group of Wash- acea to our economic problems. It is I hope the President will take this bold ington ‘‘Keynesians’’ in 1944, he said he was not. We would be far wiser to recognize step in his final year. the only non-Keynesian in the room. His our short-term challenge now is de- Forty-two percent of the cost of the brainchild . . . had been converted from its pleted home values, a glut of housing, Senate Finance Committee economic originally intended limited application to an along with insufficient liquidity in the stimulus ‘‘rebate’’ goes to Americans all-purpose economic panacea by politicians, capital markets, and none of this is academics, and journalists. with no tax liability. fixed by the stimulus bill before us. The percentage of Americans who ac- I wish to summarize, in 3 or 4 min- The only viable remedy is to focus on tually pay taxes continues to shrink utes, what I think is at work here. policies that encourage sustainable and our ability to raise revenue by in- My view, contrary to the President economic growth by encouraging work, creasing taxes on ‘‘the wealthy’’ is a and to some others in my party, is that investment, and entrepreneurship. losing proposition. tax rebate checks and extension of un- One of the first things we have to ad- In 2004, 37 percent of all Federal per- employment benefits will not boost the dress is to make sure we do not suffer sonal income taxes were paid by the economy. Obviously, Americans de- a tax increase. That would be the worst top 1 percent of taxpayers; the bottom serve to keep more of their hard-earned thing that would happen, and we are half of taxpayers, by adjusted gross in- dollars, and obviously Washington headed for that if Congress does not come, pay just 3.3 percent of Federal should spend less of them, but giving take action to take that from taking personal income taxes. We run the very people tax rebates and telling them to place, which is automatically built real risk of developing a system where- go shopping will do virtually nothing into our tax laws. In 2 years, unless by a majority of Americans do not to grow our economy. Congress does something, we will have have a stake in limiting the size of our Our economy grows; that is to say, the largest tax increase in the history Federal Government because they do the gross domestic product increases, of the country. So we should be sig- not have to pay for it. when new goods and services are pro- naling right now that is not going to Congress should consider some reduced. A one-time shopping spree is not happen. search explained in a recent Wall going to encourage business to hire one We should also get in line with the Street Journal column by Art Laffer. additional employee or invest in one other countries in the world and reduce Art Laffer explains that the highest in- additional machine. Only a permanent our corporate income tax rate which, come earners are the most sensitive to reduction in tax rates will do that. except for Japan, is the highest in the tax increases and the most likely to I will share a couple statistics relat- world. That would do something imme- plan to avoid tax increases. He found ing to the state of our economy now, diately to help. that over the last 25 years, as the top particularly as it relates to unemploy- We should also index taxes, such as income tax rates fell, the share of in- ment. the capital gains tax, for inflation. For come taxes and the dollar-value of The current unemployment rate is 4.9 years, investors and Government offi- taxes paid by the top 1 percent of tax- percent. That is down from 5 percent in cials have debated whether the Treas- payers increased dramatically. Over December. The drop is due to an up- ury Department has the authority to that same period, as income tax rates ward revision of the number of jobs do this. I believe it does have the au- fell for the bottom 75 percent of tax- created in December. The preliminary thority to do it administratively and payers, both the share of Federal in- estimate is that the number of jobs that we ought to do it. But if the ad- come taxes paid and the dollar amount created in January fell by 17,000, which ministration doesn’t do it, then the of income taxes paid fell too. is the first decline in months. But note Congress ought to do it. Laffer points out that the temptation that a very small increase in December The bottom line is there is a variety to cut taxes in the lower brackets—or job creation was revised upward to of things we could do to actually stim- only retain the current rate structure 82,000 new jobs, and the initial August ulate economic growth to provide for

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S618 CONGRESSIONAL RECORD — SENATE February 5, 2008 the long-term productivity increases in our staff like and we live with. Frank- telligence Surveillance Court which capital expansion and job creation that ly, the one thing the American people suggested that phone calls between two provide that kind of economic growth. can sense from a hundred miles off is foreign nationals, circuited through That is what will solve the problem, hypocrisy—saying one thing and then the United States, had to get an order not a one-time rebate for people who doing another. through a lengthy application process would far rather have a job than a $500 I heard it suggested one time that in order to listen in. The Director of check. So while we are focusing on the opposite of the definition of National Intelligence suggested to us stimulating consumer spending and the progress must be Congress. It sounds to that we were missing as much as two- short-term economic fixes, my view is me like something Mark Twain or Will thirds of the actionable intelligence it would make far better sense to plan Rogers might say, to say that Congress necessary to listen in to our enemies in for the long term and to do those is the opposite of progress. But we have order to detect, deter, and hopefully things which provide for actual sus- had two examples of important legisla- prevent terrorist attacks on our soil tainable growth. tion we should be acting upon in a and against our troops in Iraq and Af- We cannot let this deviation into so- timely way that have been dragged ghanistan. called Keynesian economics become an down by inexplicable delay, and I think In July of 2007, the Director of Na- excuse for massive tax increases and it is important that we focus on that. tional Intelligence briefed Congress on Government spending or tax policies We have heard from the Republican the urgent need to update this law in geared toward short-term consumer leader this morning regarding his con- light of these gaps. To its credit, the spending. We must not ignore the im- cerns that the bipartisan stimulus Senate did get together on a bipartisan portance of long-term savings and in- package, which, as Speaker PELOSI basis, at least for a while, in August of vestment, and we must remember to said, needed to be targeted, timely, and 2007 to pass a 6-month piece of legisla- reward hard work with permanently temporary, has now gotten bogged tion. Why it was 6 months, I don’t low income tax rates. As George down in an attempt to add additional know. It should have been permanent. Melloan recently wrote: spending on that bill in a way that in- That legislation was the Protect Amer- Ironically, even the brilliant John May- vites additional amendments on the ica Act, which would have expired Feb- nard Keynes disowned Keynesian Economics. floor of the Senate. That means further ruary 1 but for a 2-week extension that After meeting with a group of Washington delay. Add to that a conference com- was recently agreed to. So the Senate ‘‘Keynesians’’ in 1944, he said he was the only mittee, which will then delay it even non-Keynesian in the room. His brainchild can get its act together and do what it had been converted from its originally in- further, and that means the American knows we have to do to protect Amer- tended limited application to an all-purpose people, who were expecting rebate ican lives and to keep our Nation se- economic panacea by politicians, academics, checks on their taxes, will have to wait cure. and journalists. longer, and the chances that this stim- In October of 2007, the Intelligence I hope we will not fall into the same ulus will in fact be effective in helping Committee, as I noted earlier—the trap this year, in 2008, but recognize to avert a recession makes it much less committee that is given the responsi- there are some significant things we likely that it will have any impact bility of oversight of our intelligence could do to stimulate the economy to whatsoever. So delay is costly in terms community and for keeping our intel- ensure that the average American fam- of our chances for having a positive im- ligence laws up to date—passed a ily is not burdened with increasing pact on averting this recession. strong bipartisan bill supported by the taxes. The first step in that direction is FISA Director of National Intelligence that not to go another $150 billion in debt Another area I want to talk about would give the intelligence community by offering people rebate checks and an briefly has to do with our national se- all the tools consistent with our laws extension of unemployment compensa- curity and our ability to listen to al- that it needed in order to keep America tion but, rather, by signaling to them Qaida terrorists talk to each other ei- safe. It passed by 13 to 2—strong bipar- we are serious about ensuring there ther on the telephone or by e-mail or tisan support. will not be a big tax increase in this text messages. Last week, we spent an The Judiciary Committee then, in country. entire 3 days basically doing nothing November of 2007, a committee on The ACTING PRESIDENT pro tem- while we tried to get the FISA reau- which I sit, unfortunately passed an al- pore. The Senator from Texas. thorization bill—the Foreign Intel- ternative piece of legislation strictly Mr. CORNYN. Mr. President, when I ligence Surveillance Act bill—passed along partisan lines that was designed returned after the Christmas recess, on a bipartisan basis. Now you would to be a substitute. In December 2007, along with all my colleagues, it was think this is something we ought to be we tried to take up this issue because, with high hopes that we would be able able to come together on in a bipar- again, it was going to expire, and we to work together to solve America’s tisan way. The bill that came out of saw that our Democratic friends basi- problems in a bipartisan way. There the Intelligence Committee passed by a cally blocked the Intelligence Com- were some promising indications that bipartisan vote of 13 to 2. But then it mittee bill in December of 2007. would indeed be possible when the comes to the floor of the Senate and it On January 23, after we returned Speaker of the House of Representa- becomes locked down in attempts to from the Christmas holidays and the tives and the Republican leader in the block this bipartisan legislation. New Year’s break, we returned to the House and the President of the United There has been the suggestion that Foreign Intelligence Surveillance Act States came together to deal with one we haven’t had enough time to con- legislation with the knowledge, as I of the emerging crises in our country, sider this legislation. Well, I think it is said, that it was going to expire by which is the economic downturn caused worth noting, as this chart does, the February 1 if we didn’t act. Well, by the subprime lending crisis and a history of this important legislation. frankly, because of the meltdown here downturn in the housing markets. You will remember that it was April in the Senate and our inability to pass Unfortunately, we have begun to see of 2007 that the Director of National In- basic legislation that is necessary to that bipartisan cooperation fraying telligence suggested we needed signifi- keep America safe, because of the and some downright foot-dragging that cant reforms in our ability to listen in gamesmanship that is going on, we had causes me a lot of concern. I can’t help to conversations between terrorists to pass a temporary extension which is but think if I am concerned, there are overseas who were determined and now set to expire February 15. a lot of other people, not only in this committed to trying to kill innocent I don’t understand why it is that the body but across the country, who are Americans and our allies. So the Direc- Senate seems to be incapable of getting concerned by the contradiction be- tor of National Intelligence last April its business taken care of. When we tween what Members of Congress some- said we need an update in this impor- come back with such high hopes that times say and what actually happens. tant law to make sure we aren’t deaf to we are going to see a change in atti- Sometimes we can get caught up in the the threat or blind to the threat in a tude and that we will be working to- Senate rules regarding cloture and how way that will endanger American lives. gether in a bipartisan way to solve the the amendment process works, and In May of 2007, there was a signifi- problems that confront our country— that is the kind of thing Senators and cant decision made by the Foreign In- whether it is our economy or national

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S619 security—it seems to last about as long The ACTING PRESIDENT pro tem- across America within certain income as a winter snow on a warm day. It pore. The Republicans control 6 min- limits and $1,200 for a family and extra sounds good and looks good 1 day, and utes 15 seconds, the Democrats control for those with children. then melts away the next day. We need 29 minutes. That money would go directly to a to stop squandering these opportuni- Mr. DURBIN. I ask unanimous con- lot of people who will spend it because ties to work together. We need to get sent that the Republican time be re- there are folks who are struggling some work done. served; that I be allowed to speak in month to month, paycheck to pay- Last night, even though the majority morning business on the Democratic check. That is a good thing to do. It is leader had previously told us we would side. a group that has often been overlooked not be voting on either Monday or The ACTING PRESIDENT pro tem- recently, that the tax cuts in Wash- Tuesday, in light of the big election pore. Without objection, it is so or- ington, under this administration, have vote that was going to occur today, he dered. not focused on giving helping hands to changed his mind, and it is his preroga- f working families as much as giving a tive to do so, so we had a vote on the helping hand to those who do not need OBSTRUCTIONISM economic stimulus package that the it, the wealthiest in our country. House passed, and which the Repub- Mr. DURBIN. Mr. President, I was on So this idea of an economic stimulus, lican leader said we should take up and the floor earlier this morning when which finally focuses our attention on pass in a bipartisan way in order to ex- Senator MCCONNELL came and made a struggling families, is a good thing. pedite that legislation. The motion we little statement I would like to address The House passed its version in a bipar- voted on last night passed overwhelm- at this moment because it seems to me tisan fashion, sent it over to the Sen- ingly in support of that House legisla- Senator MCCONNELL said a few things ate to consider. Senator MAX BAUCUS, tion by 80 to 4—80 to 4. which bear repeating. Chairman of the Finance Committee, So why it is we can’t, in a similar He was critical of the bill which we met with that committee, and worked fashion, take up that legislation and passed in the Senate Finance Com- on ways to change it or improve it that pass it without slowing it down by add- mittee to try to get the American they think would be helpful. ing on a lot of extraneous spending by economy back on its feet. The economy At the end of the day, the proposal by people viewing this as a Christmas tree is struggling now. We had troubling un- the Senate Finance Committee, which on which they want to hang their fa- employment figures last week. We passed with a bipartisan vote, three vorite ornament as a way to fund their know the President said repeatedly we Republicans joining the Democrats in pet projects; Why it is we can’t resist are moving toward a recession. We voting for it, is one that I think is a that temptation and expedite passage know a recession means high unem- better package, a better approach. of this important legislation is, frank- ployment, business failures, and lost The House’s is good. I like the House ly, beyond me. I wish we would take opportunities for Americans and Amer- stimulus approach, but I think the care of the Nation’s business. Unfortu- ican business. Senate stimulus package is better. nately, the majority leader handed us So we certainly want to do every- This morning MCCONNELL came to his alternative legislation last night, a thing we can to stop that. One of the the floor, the Republican Senate lead- 70-plus-page bill that is completely dif- things that has been done by the Fed- er. He was very critical of what the ferent both from the Finance Com- eral Reserve is to cut interest rates in Senate Finance Committee passed on a mittee bill that was passed out of the the hope that people will be encouraged bipartisan basis. He was critical of Senate and the House bill that has to borrow money responsibly for pur- their measure, which passed with the been negotiated between the Speaker chases such as cars and homes and the support of Republican Senators. and the White House and the Repub- like and that those purchases will He used phrases and terms in describ- lican leader in the House. breathe some life into the economy. ing it that I think are worth looking I think we ought to be aware of high- Then there is the other side of the into. Senator MCCONNELL suggested we pressure tactics, and that was cer- ledger when it comes to our economy, were involved in pet projects in this tainly a high-pressure tactic to try to what we can do in Congress and with Senate stimulus package. come up with a brandnew bill that no- the President. What we try to do is to Well, I have taken a look at it. I am body has looked at and insist we pass give Americans more spending power. curious as to what pet projects he is that bill without an adequate time to Right now there is less consumer con- talking about. I find it hard to believe review it and to see what goodies have fidence. People are worried about bills the Republicans feel 21 million seniors been inserted in this piece of legisla- they have to pay, health insurance who will receive a helping hand with tion that some of us may object to. So that has gone up dramatically over the the Senate Finance Committee are it is my sincere hope we will not con- last 7 years, the cost of gasoline which somehow superfluous, not important, tinue to squander the opportunities we many in my home State of Illinois, they are pet projects. have been presented with to work to- particularly downstate, know very well Well, I have to concede that point. gether to pass this economic stimulus personally has increased in cost dra- The seniors of America are a pet package on a bipartisan basis, or this matically. project of mine and most Senators. We Foreign Intelligence Surveillance Act We also understand people putting know many of them live on fixed in- reauthorization which has been on the their kids through college have seen comes, struggle from month to month radar for the Senate since at least tremendous increases in the cost of col- to get by, worry about paying their April of 2007. There is simply no excuse lege education. The increase in the cost utility bills and making sure they can for not acting on a timely basis to deal of food, that sort of thing, has led a pay for their prescription drugs. with both of these issues. number of people to be worried about So giving them a helping hand, as we Mr. President, I yield the floor, and I whether they should make a big ex- do in the Senate Finance bill, is a good suggest the absence of a quorum. penditure. So one of the things we are thing. Good for them. Good for our The ACTING PRESIDENT pro tem- considering is something to stimulate economy. Senator MCCONNELL was ob- pore. The clerk will call the roll. the economy, an economic stimulus viously very critical of that. He hasn’t The bill clerk proceeded to call the package, what can we do, how can we said directly, but I wish he would go on roll. put spending power and confidence record: Does he or does he not support Mr. DURBIN. Mr. President, I ask back in the hands of American fami- providing an economic rebate check for unanimous consent that the order for lies. 21 million Americans, those seniors the quorum call be rescinded. The President met with the Speaker who otherwise would not get a helping The ACTING PRESIDENT pro tem- of the House, NANCY PELOSI, and the hand? pore. Without objection, it is so or- Republican leader, JOHN BOEHNER, and So when Senator MCCONNELL returns dered. worked out at least the beginning of to the floor, will he sign up for our pet Mr. DURBIN. I ask if the Chair would that stimulus approach. What they project to help 21 million Americans or advise me as to the current status of suggested was they would send checks is he against it? I am sure the voters of morning business. of about $600 to individual taxpayers Kentucky would love to know.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S620 CONGRESSIONAL RECORD — SENATE February 5, 2008 Then there is another pet project in so poor people, elderly, and others will Then, of course, there is the Foreign the bill, 250,000, one-quarter of a mil- have a helping hand to pay their heat- Intelligence Surveillance Act. That is a lion disabled veterans, many of them ing bills. bill we have been working on literally just returning from the wars in Iraq Senator BERNIE SANDERS of Vermont for weeks. We sat around for 3 days last and Afghanistan. I have met many of has been a big leader on this issue. It week trying to come to some agree- them. I am sure Senator MCCONNELL has always been a bipartisan program. ment about what would be in that bill, has met many of them. To think add- So I have to ask Senator MCCONNELL and we finally reached agreement. ing them to the bill is something that and the Republican leadership: Is this Now we are ready to go. Several would be negative in the eyes of Sen- another one of those pet projects you amendments have been debated and are ator MCCONNELL is hard for me to un- cannot stand, something you think we near a vote. We have several more. derstand. should ignore when we talk about get- Let’s get going. Let’s earn our pay These are men and women who risked ting this economy on its feet? I think around here instead of killing time and their lives and came back injured from it is a matter that these Senators need making speeches. We could actually the war; many of them had to fight the to consider personally. Do they want to consider debate. The Senate used to bureaucracy of our Government to get go home to Kentucky, for example, and have that. It is a great Senate tradi- the basic care we promised them. In tell those low-income individuals, tion. Senators with opposing views the Senate Finance bill, we provide a struggling to pay their heating bills, would come to the floor and respect- helping hand for a quarter of a million that is a pet project we cannot afford fully disagree and argue their point of veterans, which the House bill does at this point? I hope not. But at least view and ask for a rollcall. I know not. Is Senator MCCONNELL opposed to let them be on the record by the end of some people who follow C–SPAN are that? the day. wondering, when did that last occur? Well, when he comes to the floor and The interesting thing is we could be Was it in the last century? No, it has states whether he is for providing as- having a real full-scale debate on the happened here from time to time. In sistance to 21 million seniors, I hope he economic stimulus bill, but the Repub- the time I have been in the Senate, we will also state whether he is for pro- licans have refused. They have told us have come perilously close to debate viding a rebate check for a quarter of a they need more time to absorb the page on at least a half dozen occasions. We million of our veterans. and a half that was added to this bill. can do that again. It would be a great We also have in the Senate bill a They need to think this one through. return to Senate tradition. But it helping hand for those who are on un- They need to study these words. won’t happen if the Republicans con- employment. Unfortunately, the econ- Well, it has been about 12 or 15 hours tinue to filibuster, continue to ob- omy as it goes south has casualties, now that they have had to read this struct, and continue to refuse to let us and they include millions of Ameri- page and a half. I know they are up to debate the important issues of our cans. We know those people who have it. I know they can do this. I know time. lost a job are looking for another one, they can read that and understand it, Why wouldn’t we want to debate scrape by with an unemployment even without the help of a Democrat. today the Foreign Intelligence Surveil- check. And sometimes, even within the When they do, maybe they will come lance Act? The President has told us 26 weeks of unemployment, they can- to the floor, change their mind, and over and over again it is critical. We not find a job they are looking for. So allow us to finally debate this bill. You need it. It is timely. We have to move we suggested extending that for an- see this is an empty Chamber. Sadly, it on it. Yet when we want to call it on other 13 weeks. That is not a radical will be largely empty most of the day the floor, Senate Republicans refuse. idea. It is a traditional way of helping because the Republicans want to kill They oppose us. people in a poor economy. It has been this day in the Senate. They do not The day is not over. Senator REID done over and over under Democrats want us to make any progress on the will be on the floor a little later in an and Republicans. We include that in economic stimulus bill, nor on another attempt to finally try to get us back to the Senate bill. important bill which is pending. business. It is long overdue. So the obvious question for Senator Senator REID, our Democratic major- f MCCONNELL and the Republicans, when ity leader, came to the floor yesterday he comes to the floor to tell us where and begged them again: Let us return PRESIDENT’S BUDGET PROPOSAL he stands on helping seniors and help- and do some real business today. They Mr. DURBIN. Mr. President, the ing disabled veterans, is does he think said: No. Today, the Senate will stand President’s budget is often described as unemployed people in Kentucky, for around, it will not roll up its sleeves ‘‘dead on arrival.’’ In fairness to this example, need a helping hand? If he and do anything. We will not consider President and others, we should look at says no, then it is a matter of record. the Indian health reform bill Senator it in a different way. This is the Presi- If he says it is a pet product, a project DORGAN of North Dakota has been dent’s proposal for the budget for the we should vote against, then it will be working on, long overdue, 6 or 7 years. next fiscal year. It is a fiscal year for on the record. I did not hear that this Some of the poorest people in America which this President will not be here. morning. I was listening for it. have not received the kind of health The year begins on October 1. He will Then there is this whole thing about care which we would all like to have end his term in office January 20. So the mystery and challenge of this bill. for our families. Senator DORGAN is most of this budget will affect the next Senator MCCONNELL and Senator KYL trying to do something about it. They administration, the next President. are learned men. I have served with will not give him the time to finish the This is pure speculation on his part them in the Senate. I respect them bill. This is a perfect day to do it. The about where America should be in the very much. I know they have a great Republicans will not give him an op- next year as the President leaves of- capacity for understanding complex portunity to do it. fice. issues. But they have said the trouble Then there is another bill which has The folks at the Office of Manage- with this bill is they cannot seem to energy and water projects which have ment and Budget must have worked up get their arms around it. It is, oh, so been needed all around our country. to the last minute, because when they hard for them to understand the new They have been held up by the objec- posted the President’s proposed budget provision in the bill. The new provision tion of the Republican side. We have on line yesterday, two of the first 15 in the bill is less than a page and a half asked to return to them. Again, they words were misspelled. Far worse than in length. The new provision in the bill have refused. We could do that today. misspellings, however, many of the pri- can be described quite simply as about Then, of course, the economic stim- orities in the President’s budget are $1 billion to a program called LIHEAP. ulus package, which Senator MCCON- misplaced. The President has proposed LIHEAP is the Low-Income Home NELL spoke of and then left the floor. I the first $3 trillion budget in American Energy Assistance Program. It is a pro- wish he would return. Let’s have a real history; $3 trillion. Yet with all that gram which provides help to Arizona, debate on it. Let’s find out where he money, the President, with his prior- primarily in the summer months but to stands on helping seniors, disabled vet- ities, continues to cut education and Kentucky in the cold winter months, erans, and others. health care, energy conservation and

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S621 independence, affordable housing, vet- change his approach and accept new opposed to private and religious erans programs, and many national ideas. Unfortunately, he is stuck in the schools. I am a product of religious priorities. Seven years ago, President same old program and the same old school education. They have a valuable Bush came to town as one of the message. Nine million more Americans place in our society. But the first obli- luckiest Presidents in modern history. are uninsured today than when Presi- gation of the Government is to the As some might say, using an analogy dent Bush took office. Half of those 9 public education system. The Presi- from Ann Richards in a speech she once million Americans lost their health in- dent, unfortunately, is not going to gave to a Democratic convention, surance in the last 2 years. It is getting meet that obligation. President Bush started his administra- worse and at a pace most American When it comes to homeland security, tion, in economic terms, on second families can’t keep up with. What does again the President refuses to put base. Things had been done to improve the President say about that? He wants money in the COPS Program, the sin- America’s economy and its budget, and to cut the Medicare Program, a pro- gle most practical and effective way to they were given to this President to gram for the elderly and the disabled. provide men and women in uniform so continue. In Medicaid, he wants to make cuts, a they are there when we need them. President Bush inherited the largest program for those in lower income cat- This year he slashes funding for State budget surplus in America’s history. In egories, many of whom have lost their and local law enforcement assistance, his first budget address in 2001, he jobs. He wants to cut other parts of such as the COPS Program and the promised to use that surplus to fund America’s health care safety net. His Byrne grants. our priorities, strengthen our economy, budget singles out health care for the On energy and global warming, the and even pay down the national debt. heaviest cuts while continuing to pro- President’s budget is, unfortunately, He said after all that was done, he vide large overpayments to many pri- unresponsive to the real national and would have enough money left over for vate insurance companies. global emergency we face. Record high tax cuts. Today, 7 years later, after In Illinois, more than 1.5 million peo- oil prices are harming the economy, President Bush and Vice President ple depend on Medicare, more than 2 record emissions and pollution threat- CHENEY have been in the White House million depend on Medicaid. Under the ening our globe and its climate. We working with a Congress largely under President’s budget, Illinois would re- ought to be investing aggressively in Republican control, America’s econ- ceive $123 million less in Federal Med- developing renewable energy options. omy is in trouble. Federal spending icaid funds. Stroger Hospital in the Instead, the President’s budget pro- during their term has increased 53 per- city of Chicago is a public hospital of poses a 7-percent reduction in solar en- cent. Our deficit is expected to hit $410 which I think very highly. They have a ergy research, a 27-percent reduction in billion this year, $407 billion next year. very competent medical staff. They energy efficiency programs, and a 79- Instead of paying down the national treat the poorest of the poor, not just percent cut in weatherization programs debt, this President, who inherited a in Chicago and Cook County but for to help families trying to keep their surplus, has piled record amounts of many surrounding counties. Over half homes warm and cool. The President’s new debt for America and for genera- the people who come to that hospital budget cuts LIHEAP by 22 percent. As tions to come. Under George Bush the have no way to pay for their care. At a result, 15,000 Illinois families would national debt has increased by more Holy Cross Hospital in Marquette lose assistance. It also proposes to eliminate what than $3 trillion. We are going around Park, 25 percent of those who are treat- was once the centerpiece of coal energy the country, hat in hand, borrowing ed cannot pay for anything. Yet the research in America, the FutureGen and begging from China, the Middle President says we should cut the Fed- plant in Mattoon, IL. This is one near East oil states, Korea, Japan, about eral Government’s reimbursement to and dear to my heart. For 5 years, I these hospitals? It doesn’t make sense. any other country that will pay our worked with a bipartisan delegation— bills, because this President has been We know what is going to happen. Congressman TIM JOHNSON, Republican unable to. Now the President is de- There will be an awful lot of Americans of Illinois, Senator OBAMA, and oth- who will have no place to turn and manding, nevertheless, that his tax cut ers—to win this plant for our State. won’t have the professional medical ideas become permanent law. Governor Blagojevich, local officials, How much would President Bush’s care which we all want for our families. everybody pitched in. We were an- tax cuts for wealthy people cost us if When will this administration under- nounced to be the winners in the mid- they were made permanent? Mr. Presi- stand that Medicare is there to help dle of December. Last week the Sec- our seniors, not to line the pockets of dent, $4.3 trillion over the next 10 retary of Energy pulled the plug and corporations? The President should years, tax cuts primarily for people said: We are not going to fund this fund Medicare. who weren’t even asking for them. project. How can this President walk That is not all. While the President In his State of the Union Address, the President also called on Congress to re- away from a zero-emission coal energy claims to oppose tax increases, he is plant that has been something he has about to impose one of the largest tax authorize No Child Left Behind. Yet once again, this President has under- bragged about for so many years? increases in America’s history on more The subprime mortgage crisis has funded his own law. The Department of than 25 million working middle-class plunged America into our worst hous- Education estimates the President’s families. He refuses to patch and re- ing crisis, some experts say, since the form the alternative minimum tax be- budget will provide $588 million in title Great Depression. yond next year. That is a $119 billion I funding in Illinois. That is just over Two million families are likely to tax increase in 2010 alone. half the amount promised under No lose their homes to foreclosure over The President continues to argue Child Left Behind. As a result, 120,000 the next 2 years. There is a dramatic that we need to stay in Iraq and Af- Illinois children will be left without need for affordable housing all across ghanistan. His budget, nevertheless, full title I services. It is one thing to America, from big cities to small rural cuts off funding for the troops after the ask kids to take tests to figure out communities. spring of next year. What is that all whether they are making progress or Yet the President wants to slash or about? The President says we have to falling behind. But once they need a even eliminate programs that help stay the course. Senator JOHN MCCAIN helping hand, how can this President rural communities build affordable said it could last as long as 100 years. repeatedly refuse to come up with Fed- housing and help families own their President Bush in his budget cuts off eral funds to fund the very mandates own homes, like the multi-family hous- spending for the wars in Iraq and Af- he has created? The President also si- ing direct loans, self-help housing ghanistan in the spring of next year. phons away $300 million from public grants and single family housing direct He hasn’t told us that the war is going schools to pay for vouchers for private loans. to end then. I certainly hope it does. and religious schools. Those vouchers The President also wants to elimi- But he better get his story straight. come at the expense of 48 programs, in- nate the HOPE IV program, which With the economy failing and time cluding a lot of essential programs for helps cities restore public housing, and running out on this Presidency, one students such as Perkins loans that the section 108 loan program, which might think the President would help students go to college. I am not helps families rehab their homes.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S622 CONGRESSIONAL RECORD — SENATE February 5, 2008 The President’s budget cuts commu- Illinois’s 30 public radio stations lion disabled veterans one nickel. That nity development block grants by $650 would lose at least $6.5 million in total is simply wrong. million. Illinois would lose $40 million support and lose all of their digital Under the leadership of Senator BAU- for police officers, improved street transition funding and culture for CUS, the Senate Finance package cor- lighting and sewer lines, upgrading low sources, civic education, and special rects that error. It would ensure that income housing, reconstructing prob- local content to communities. the folks who were injured in the cause lem roadways and operating substance Finally, in foreign affairs, the Presi- of defending our freedom are able to abuse programs and homeless shelters. dent’s budget cuts the U.S. contribu- get something back. Amtrak is vitally important to Illi- tion to the global fund to fight AIDS, I assure my colleagues that these nois and all of America. Unfortunately, tuberculosis, and malaria by $341 mil- veterans feel the pinch of higher gas the President and his administration lion—funds that could provide life- prices, heating costs, and everything are once again attempting to privatize saving AIDS drugs for 37,500 more peo- else in between, just as much as any and eventually eliminate Amtrak rail ple, treat more than 272,000 people for other household struggling on a fixed service. TB, and provide more than 2.1 million income. The difference is that these The President’s budget cuts the Air- bed nets to prevent for malaria. folks have worn the colors of our coun- port Improvement Program funding by As the world’s wealthiest and most try. They have defended this country. $764 million. powerful Nation, our actions encourage The way we treat those who have Illinois would lose $25 million, other donor nations to step up and de- fought for our freedom and our Nation threatening a critical source of funding vote additional resources to fight the says a great deal about our society because when it comes to veterans, we for new runway construction at O’Hare, global AIDS pandemic. Keeping our are not talking about a handout, we and improvements at airports such as commitments to the global AIDS fight are talking about a country honoring Waukegan, Marion, Peoria, Springfield can help to restore goodwill for Amer- our promise we have made to our serv- and many other Illinois airports. ica in Africa and around the world. ice men and women. Once again the President has refused Someone at the White House cor- I wish to take a minute to read a let- to include funding for the wars in Iraq rected those misspelled words in the ter I received recently from Warren and Afghanistan in his budget. After 6 first draft of the President’s budget. It Matte, a veteran from Harlem, MT. years of fighting, this administration is up to Congress to replace the mis- Here is what he says: continues to skirt the rules and avoid placed priorities in the President’s plan For those of us who are combat veterans accountability and openness. and agree on a budget plan that meets and poor people, we are now and have been in Continuing to fund the war through the needs of America’s families and a recession for a good numbers of years. We supplemental funding is one way the businesses and communities and puts are on the bottom rung of the ladder, and it administration tries to mask the full our economy back on the right track. looks like we will always be there. Some of cost of these wars. Another way is by I yield the floor. us are surviving on VA benefits and Social underfunding veterans health and (Mr. DURBIN assumed the Chair.) Security. The long distances we have to travel here in Montana and the high cost of other services our veterans have earned The PRESIDING OFFICER. The Sen- living is keeping us in poverty. There are and need. ator from Montana. 500,000 homeless veterans in this great Na- The President is requesting $41.2 bil- Mr. TESTER. Mr. President, I ask tion and no one cares. We put our lives on lion for the VA health care system— unanimous consent that the time I the line so everyone can be free and live the $1.6 billion below the independent consume apply against the Republican good life, and no one cares what happens to budget’s recommendation. time. us and our families. His budget shortfalls mean that there The PRESIDING OFFICER. Without When our combat veterans are using will likely be little relief for Illinois’s objection, it is so ordered. phrases such as ‘‘the bottom rung of nearly 70,000 veterans, who must still f the ladder,’’ I think we can do better wait for an average of nearly 5 months than that. When disabled veterans DISABLED VETERANS to have their disability claims proc- worry that ‘‘no one cares,’’ we must do essed. Mr. TESTER. Mr. President, this better than that. More than 76,000 farm families in Illi- week the Senate will hopefully begin This Finance Committee bill is a step nois produce crops and livestock that debate on an economic stimulus pack- in the right direction. So I urge my feed families all over the world. age. Front and center in the debate colleagues, no matter what else you Agriculture research is vitally im- will be how we balance the need to get may think of the stimulus package, do portant to Illinois farm families and to our economy going while once again not forget about the Warren Mattes of our national economy. The President’s addressing issues that revolve around the world. Do not forget about our dis- budget would cut agriculture research the national debt. I hope there is one abled veterans. I have been in this body for a little by $330 million, which could jeopardize thing this body will agree on unani- over 1 year. I can tell my colleagues promising research at the ARS lab in mously, that we must not forget Amer- that from my perspective, the Senate Peoria and the University of Illinois ica’s disabled veterans in the debate. is an easy place to stop things. If you extension services. Earlier today I heard Members on the choose, you can stop any piece of legis- In addition, the President proposes floor talk about pet projects. Veterans lation from moving forward. sharp cuts in rural broadband pro- issues are an important project to me, I think the House stimulus package grams, rural housing, and rural busi- and I will not forget about disabled is a good stimulus package, but it can ness development. vets as we move forward with this eco- be made a whole lot better, and we In Illinois, which receives the second- nomic stimulus package. need to make it a whole lot better. For highest total of USDA rural develop- There are about 2.8 million vets who the 250,000 disabled vets, for the 2.5 mil- ment assistance in the Nation, the receive some form of disability through lion seniors, for those folks who need President’s cuts would all but elimi- the VA. The good news is that most of unemployment benefits, for those folks nate popular grant programs that sup- these folks hold down other employ- who need assistance with their heating port innovative rural businesses, comment and would get a tax rebate bills, we need to make it better. munity facilities, and broadband net- through the House’s economic stimulus I am not sure this economic stimulus works. bill. But for another 250,000 disabled bill will get us out of the economic President Bush is proposing the larg- vets who have no other income other stresses we feel right now in this coun- est cut to the Corporation for Public than their veterans disability benefit try, but I can tell my colleagues one Broadcasting in its 40-year history—a and maybe a Social Security disability thing: If we don’t address the issues 56-percent reduction in funding. check, they would get absolutely noth- that revolve around the people I just America’s 1,100 public radio and TV ing from the House bill, not one red talked about—the disabled vets, the stations are an indispensible source of cent. seniors, the folks who need help with education, information for enrichment. Let me say that again: The bill pro- their heating, the folks who need un- The President’s cuts would cripple posed by the House and by President employment benefits—we are making a them. Bush would not give a quarter of a mil- huge mistake.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S623 We ought not to be stopping with this people with claims that aren’t based on long. The House bill doesn’t take care bill. We ought to be making it better in facts. Perhaps the Republicans don’t of unemployment benefits. Economists the Senate and passing it on for the understand the timeframe of the stim- tell us that it is the single most effec- President to sign it. We ought to be ulus package. If they do, it should be tive way to stimulate the economy. stamping it with our approval. clarified. The Finance Committee package is Mr. President, I yield the floor. Now, what are some of the other business-friendly. It gives small busi- f things we have heard from our Repub- nesses greater ability to immediately lican colleagues? One suggested that write off purchases of machinery or CONCLUSION OF MORNING we ought not to do anything to stimu- equipment. It helps larger businesses BUSINESS late the economy. I talked about that. with ‘‘bonus’’ depreciation or an ex- The PRESIDING OFFICER. The He said we shouldn’t provide any help tended carryback period for past losses Chair announces that morning business at all to the millions of Americans to recoup cash for future investments. is now closed. struggling to pay their bills and feed It gives them a tax break, and they their families. Republican Senators will spend it. f have suggested that sending stimulus Realtors are in town. They come RECOGNITION OF THE MAJORITY checks to 21.5 million seniors on fixed every year. Homebuilders don’t come LEADER incomes is a pet project, a Christmas usually this time of year, but they are The PRESIDING OFFICER. The tree ornament; that providing assist- here now because this provision is so Chair recognizes the majority leader. ance to help struggling Americans pay special to them. Mr. REID. Mr. President, I suggest their heating bills through the Low In- Without exaggeration, the States of the absence of a quorum. come Home Energy Assistance Pro- California, Florida, Nevada, and Michi- The PRESIDING OFFICER. The gram is a pet project or a Christmas gan are in big trouble. Other States are clerk will call the roll. tree ornament. I believe many Repub- in trouble also because of their housing The bill clerk proceeded to call the licans—Republicans—could not dis- crisis. The Finance Committee package roll. agree more strongly with those state- addresses the housing crisis in a num- Mr. REID. Mr. President, I ask unan- ments. ber of ways, but one is including mort- imous consent that the order for the The stimulus package sent to us by gage revenue bonds to be used by the quorum call be rescinded. the House of Representatives last States to refinance subprime mort- The ACTING PRESIDENT pro tem- week, as we have said from the very be- gages. That is very important. That is pore. Without objection, it is so or- ginning, is a good start. I was part of a why the homebuilders are here en dered. program to suggest the House should masse today. go first. There was some talk that we The Finance Committee package in- f should try to get the two bodies to- cludes an extension of energy effi- ECONOMIC STIMULUS gether and do that. The way the Senate ciency and renewable energy incentives works, it would have taken too much to create jobs, expand the clean energy Mr. REID. Mr. President, yesterday time. Their rules are different from industry, save consumers money on and again this morning we heard some ours. So I said to go ahead and do it, their energy bills, and help begin to remarkable statements from our Re- and when they completed it, I gave stem the tide of global warming. publican colleagues that matters with- them all the applause I could. I I will also offer an amendment that in the stimulus package are pet thought it was an important thing that we can and should all support. First, projects. Later, after that statement they did that. But our job is to take the House-passed bill’s language on was made, we had another Senator the bill from the House and make it housing will be included in this pack- come and say that they were Christmas stronger. age that we will vote on. I don’t know tree ornaments. Then we had another The Republican leader and others who could object to that. Republican come this morning and say have said this morning that working This amendment will increase the the stimulus package is certainly not on bipartisan improvements is ‘‘play- conforming loan limits for Fannie Mae needed. One of the Senators said unem- ing politics.’’ I believe it is our con- and Freddie Mac, as well as the loan ployment benefits are totally unneces- stitutional obligation. It is how the limits for FHA-backed mortgages, sary and that all it will do is increase Founding Fathers envisioned this which will allow more homeowners to unemployment. I am not making this country working. It is how they envi- refinance and will reduce mortgage in- up. This is what they said. sioned the legislative branch working. terest rates in virtually every part of Now, we heard the distinguished mi- But soon, Senators will have a the country. nority leader, Senator MCCONNELL, chance to vote on the Senate Finance Second, there is money to help low- come to the floor with a statement Committee’s bipartisan plan. It will ei- income Americans heat their homes, that is simply untrue. He said: ther be tomorrow, or it will be Thurs- through the Low-Income Home Energy If Americans are wondering why their day. Based on the House plan, it makes Assistance Program, known as checks aren’t in the mail, they can find it in several improvements, the Baucus- LIHEAP. This is important because it last week’s news clips. Grassley package. allows people to not have to choose be- Everyone knows—if they don’t, they The Finance Committee package tween food, medicine or heat. So let’s— should know—that no matter how the sends stimulus checks to roughly 21.5 while we are talking about heat—leave debate turns out, no one’s check is million senior citizens who would get the overheated rhetoric aside and work going to be held up. Any stimulus nothing at all from the House bill. Give on passing this legislation. This is im- plan—whether it is the House version them the money, and they will spend portant. We should do this. standing alone as it now exists or the it. Mr. President, I ask unanimous con- Senate Finance Committee version, The Finance Committee package sent that the vote on the motion to in- which I favor strongly, or a combina- sends checks to 250,000 disabled vet- voke cloture on the amendment to H.R. tion of the two—would calculate rebate erans who were left out of the House 5140, which I have described, which con- checks on the 2007 income tax returns. plan. Give them the money, and they tains the Finance Committee language That is basically the only way you can will spend it. on LIHEAP funding, occur on Wednes- do it. Taxes are not due until April 15. The Finance Committee package ex- day, February 6 at 3 p.m., with the That is the way it always is. That is tends unemployment benefits for those hour prior to that time equally divided more than 2 months from today. So ev- who have lost their jobs in the econ- and controlled between the two leaders eryone should know that the checks omy. To suggest, as has been done here or their designees. aren’t in the mail tomorrow. The only on the floor, that extending unemploy- The PRESIDING OFFICER (Mr. way it can be done is based upon the ment benefits will make unemploy- CASEY). Is there objection? 2007 return, except for some people, and ment worse? We have people who are Mr. MCCONNELL. Mr. President, re- that is a very small minority. So let’s no longer counted as being unemployed serving the right to object, it has never not confuse or concern the American because they have been off the rolls so been our desire to delay consideration

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S624 CONGRESSIONAL RECORD — SENATE February 5, 2008 of the House-passed stimulus package. of the majority leader. The yeas and We are going to file cloture sometime The other side has made it clear they nays have been ordered, and the clerk today on the Senate stimulus package. will have some package of changes. will call the roll. That is the one reported out of the Those changes were discussed last The legislative clerk called the roll. committee, as we have talked about week and, evidently, there was a deci- Mr. DURBIN. I announce that the the last 24 hours. So we will have a sion to put a different package to- Senator from Indiana (Mr. BAYH), the vote on that. Unless there is an agree- gether. As I mentioned earlier this Senator from Delaware (Mr. BIDEN), ment reached beforehand, we will have morning, we got that package last the Senator from New York (Mrs. CLIN- a vote on that an hour after we come to night. It was, apparently, a work in TON), the Senator from Hawaii (Mr. work on Thursday. That will be on the progress. INOUYE), the Senator from Massachu- Senate stimulus package as we have What I am going to do is ask the setts (Mr. KENNEDY), the Senator from brought it here to the floor. Of course, leader to modify his request. I know Massachusetts (Mr. KERRY), the Sen- with consent, we could have it tomor- the senior Senator from Illinois said ator from Connecticut (Mr. LIEBER- row. I would rather do it tomorrow so earlier today—or suggested that maybe MAN), the Senator from Illinois (Mr. we can do some other things on Thurs- people on this side don’t support sen- OBAMA), and the Senator from New day, but it is up to the minority as to iors or disabled veterans. So I will offer York (Mr. SCHUMER) are necessarily ab- what we do. a request of the majority leader to sent. I hope we all understand that the modify his request so we do not have Mr. KYL. The following Senators are vote we just had was, as I have said be- further delay. necessarily absent: the Senator from fore, an effort to try to move the proc- Therefore, I ask unanimous consent Kansas (Mr. BROWNBACK), the Senator ess forward, a wake-up call, especially that the majority leader’s unanimous from North Carolina (Mr. BURR), the for my Republican colleagues, that we consent request be modified so that we Senator from New Mexico (Mr. DOMEN- need to now start legislating. There is proceed to the bill today—not tomor- ICI), the Senator from South Carolina no reason in the world we should not row or Thursday but today—and that (Mr. GRAHAM), the Senator from Ari- finish FISA soon—work today on FISA. we have a cloture vote today on the zona (Mr. MCCAIN), and the Senator We have other amendments Senators amendment we received last night—the from Mississippi (Mr. WICKER). want to offer. We have 6 hours dealing one to which the leader’s request re- The PRESIDING OFFICER. Are there with title II alone—one by Senators fers; further, if cloture is not invoked, any other Senators in the Chamber de- DODD and FEINSTEIN on immunity; we that we proceed immediately to a vote siring to vote? have the Whitehouse-Specter dealing on the Republican amendment that we The result was announced—yeas 73, with substitution; and we have one will file at the desk; finally, that the nays 12, as follows: with FEINSTEIN dealing with exclu- Senate then proceed to a vote on pas- [Rollcall Vote No. 6 Leg.] sivity. Two hours on each one of those, sage of the House bill, as amended, if YEAS—73 the time equally divided, is 6 hours. There is no reason we shouldn’t do that amended. Akaka Feingold Nelson (NE) Mr. REID. Mr. President, reserving Barrasso Feinstein Pryor debate today. I want to vote on the the right to object. I hope everyone Baucus Gregg Reed four amendments already pending on Bingaman Hagel Reid within the sound of my voice under- FISA. We have those three I talked Boxer Harkin Roberts about and then, after that, there are stands how unfair and senseless the re- Brown Hatch Rockefeller four more with very limited time. quest is by my friend. We had discus- Bunning Hutchison Salazar Byrd Isakson Sanders I think it is a little unusual here that sions on the floor yesterday. The mi- Cantwell Johnson Sessions we have an insistence we move forward nority whip recognized that Senator Cardin Klobuchar Shelby and work on the stimulus package, yet MCCAIN, Senator OBAMA, and Senator Carper Kohl Casey Landrieu Smith we have had trouble doing that; and CLINTON are not going to be here today. Snowe Chambliss Lautenberg then we have been told, the latest on Stabenow It has been very clear that I told them Cochran Leahy last Saturday, the President is talking I needed an evening to get them here. Coleman Levin Stevens Sununu about how important it is to do the If I tell them they have to be here to- Collins Lincoln Conrad Lugar Tester stimulus package, and also he has morrow, they will be here tomorrow. Corker Martinez Thune talked incessantly about the need to Everybody knows this request by my Crapo McCaskill Vitter complete FISA, but the Republicans DeMint McConnell Voinovich friend is without foundation. have blocked our efforts to do that. The Republicans—all 49 of them—are Dodd Menendez Warner Dole Mikulski Webb I don’t want to always have to stand going to have to vote on the Senate Dorgan Murkowski Whitehouse here and talk about unpleasant things, stimulus package. They have to vote Durbin Murray Wyden such as obstructionism and filibusters, Enzi Nelson (FL) on that. Therefore, I object. but sometimes that is all there is to QUORUM CALL NAYS—12 talk about. It is clear to me that once Mr. REID. Mr. President, I suggest Alexander Coburn Grassley again the Republican minority seems the absence of a quorum. Allard Cornyn Inhofe Bennett Craig Kyl to be more committed to obstruction The PRESIDING OFFICER. The Bond Ensign Specter than what it takes to make America clerk will call the roll. NOT VOTING—15 stronger. We remain committed to giv- The bill clerk proceeded to call the ing our intelligence professionals the roll, and the following Senators en- Bayh Domenici Lieberman Biden Graham McCain tools they need to make America more tered the Chamber and answered to Brownback Inouye Obama secure. With Republican cooperation, their names. Burr Kennedy Schumer we can start doing that today. Today. [Quorum No. 1 Leg.] Clinton Kerry Wicker Mr. President, I ask unanimous con- Carper Isakson Reid, Nevada The motion was agreed to. sent that the Senate now resume the Casey Kyl Tester The PRESIDING OFFICER. A FISA legislation and debate all re- Durbin McConnell quorum is present. maining amendments in order; that The PRESIDING OFFICER. A The majority leader is recognized. any votes in relation to these amend- quorum is not present. f ments occur at a time to be determined Mr. REID. Mr. President, I move that by me, after consulting with the Re- UNANIMOUS-CONSENT REQUEST— the Sergeant-at-Arms be instructed to publican leader; that all time con- S. 2248 request the attendance of absent Sen- sumed during this debate count ators, and I ask for the yeas and nays. Mr. REID. Mr. President, one of the postcloture to this matter we are on The PRESIDING OFFICER. Is there a things I have the ability to do is to try now dealing with the House stimulus sufficient second? to move the process forward, and that package. There is a sufficient second. is what this vote was all about. Mem- The PRESIDING OFFICER. Is there The yeas and nays were ordered. bers came, we have had some conversa- objection? The PRESIDING OFFICER. The tions, and hopefully it will help move Mr. MCCONNELL. Mr. President, re- question is on agreeing to the motion the process forward. serving the right to object, I think it is

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S625 perfectly apparent to everyone who is old-fashioned idea that it should be language, is we are stalling this as long observing this process that these two done in keeping with our Constitution. as we can. And as long as we can is issues are interconnected in terms of That is what this debate is all about. probably going to run out sometime to- how we fairly go forward, and I think I repeat for the third time here in the morrow or Thursday. the point has been well made by the 49 last few minutes that the RECORD The PRESIDING OFFICER. The Re- Republican Senators over the last year should reflect we have been willing to publican leader. or so that our rights are going to be re- legislate on FISA for some time now Mr. MCCONNELL. Mr. President, it is spected; that we are going to move for- and we have been stymied every time. a little like deja vu all over again, ward on bipartisan bills, such as both We need to go back no further than which I suppose was said by Yogi of these, in a way that is respectful to yesterday. Yesterday we wanted to Berra. This is the same discussion we both sides, and as soon as we have an have amendments offered. And I appre- have had for the last couple of days. understanding about how we are going ciated very much Senator WHITEHOUSE, Setting aside all of the finger point- to go forward on the stimulus package, Senator FEINGOLD, and Senator CARDIN ing and the parliamentary nuances, then we will be able to make progress coming and offering amendments. We what we know for sure is that we have on this bill. I am optimistic we are should have voted on those last night. a Foreign Intelligence Surveillance Act going to be able to do both. But, no, the Republicans wouldn’t let measure that came out of the Intel- Ironically, I share the goal of the ma- us. Can we vote on them this morning? ligence Committee with a vote of 13 to jority leader, which is to finish both No. 2—the Rockefeller-Bond bill—which these issues this week. You would Well, if they are not going to let us the President will sign. Certainly it is think that was not the case for all the vote on the amendments, can we at not within the realm of possibility that sparring and finger-pointing that has least use up some of the time for de- Members of my party don’t want to fin- gone on the past few days, but I have bate on amendments that are going to ish this bill soon. It is supported by a the same goal he does, to finish FISA be offered by other Democratic Sen- Republican President, Republican Sen- and the stimulus package. Both of ators, and we have one bipartisan ators, and we tried to get votes on it them, at the end of the day, are going amendment that will be offered by Sen- Tuesday, Wednesday, and Thursday of last week, to no avail. In fact, the last to pass on a strong bipartisan basis. ators WHITEHOUSE and SPECTER? Nope, vote we had last week was on Monday But the process for dealing with them can’t do that. We can do two things at afternoon, and then for 3 days it was is not irrelevant, and that is what we one time, we can do one thing at one sparring over that. I don’t think any- have been discussing off and on for the time, is all I am asking we do. body seriously believes the Republican past couple days. Hopefully, we will It is very clear that the stall we had minority does not want the FISA bill make some progress and be able to get all last year is now in place again and we are going to be prevented from to pass. going on FISA later today. With regard to the stimulus package, For the moment, I object. doing the work today. We are not going we have not been given procedural as- The PRESIDING OFFICER. Objec- to be able to vote or offer amendments. surances. The majority leader is in a tion is heard. We are going to stand here and look at The majority leader. each other until shortly before mid- position to deny the minority the opportunity to offer anything, to fill up Mr. REID. Mr. President, ‘‘1984’’ was night tonight when I will offer to file the tree and file cloture, and we have a book written by George Orwell. He the cloture motion. I can file it at any been given no assurances that we will wrote the book many years before 1984, time. I don’t have to wait until just be- be able to offer an alternative. It but he was trying to look into the fu- fore midnight. But that is when the strikes me that the majority is in the ture and talk about what he thought time runs out. And we will have the absurd position of having argued the America would be like in 1984. It was a vote Thursday, unless we work some- House bill is inferior. If the Finance very interesting, compelling book, a thing out. But it is a shame, a shame Committee bill, plus additions, was not best seller, and it made George Orwell for the Senate and for the American successful, why would it not be appro- a famous man for all generations of people, to waste all this time. It is time. But the one thing you got out of priate to give the minority assurances time wasted. that an amendment to adjust the reading that book is that there would Last year, as I indicated—and other House bill, which the majority has come a time when people said one Senators have talked about this—we been insisting for a week is not ade- thing, and while they were saying it, had 64 filibusters where cloture had to quate, would not be appropriate? they meant something else. That is be filed. For my friend to say all he These are the discussions we have what we had here just now with my wants, that all the Republicans want is been having off the floor. It is probably friend, the Republican leader. We are to be treated fairly, we only have to difficult to follow, for those who are going to move forward, get things take the block of time in the last 2 watching it on television, because done, there is no reason we can’t finish days. How much more fairly can they there are a whole lot of parliamentary things this week. Why in the world be treated? We say: OK, you are not nuances involved. But stepping back can’t we do the FISA legislation today? going to let us vote; let us at least from the parliamentary part of it, we I will tell you the reason. It is Orwell- offer amendments and use up some of know for a fact the following: There is ian talk from the other side. They that time. Nope, we can’t do that. Can overwhelming bipartisan support for want to stall the FISA legislation as we set a time to vote on the stimulus the FISA legislation, and the President long as they can—and they have done a package? No. Are we going to have to will sign it. It was the President and pretty good job—because they want use all that time postcloture? Yes, be- the Democratic Speaker of the House this legislation to be completed at the cause we have to read the amendment. and the Republican leader of the House last minute to give the House and Sen- The package from the Senate Fi- who came together on a bipartisan ate conferees little time to work. nance Committee passed out of that stimulus package. We know there was The RECORD should reflect how hard committee a long time ago. We did add overwhelming bipartisan support for we have tried to pass the FISA legisla- something to that. It is a page and a doing a stimulus package. tion law, and the RECORD should reflect half long. Certainly 24 hours should be I think we are going to get all this there is going to come a time when the enough to read that one page or that resolved and approve both these meas- FISA legislation will run out and the page and a half. But I understand, we ures this week, but we are going to in- President will be saying things, as he all understand, and the American peo- sist on doing it in a way that is fair to has for 7 years, to scare the American ple understand that we are living in the minority. people—the Democrats don’t care; they the Senate in the realm of ‘‘1984.’’ That basically sums up my views on do not care. Well, Mr. President, we When my friend from Kentucky comes where we are at the moment, and we care every bit as much as any Repub- here and says we want to move for- will keep talking about it off the floor lican about protecting the American ward, all we want to do is be treated and, hopefully, be able to have some people. We believe there is a need in fairly, remember what George Orwell meaningful votes here later. this modern world for eavesdropping on said. It is the direct opposite of what Mr. DURBIN. Will the Senator from certain conversations, but we have the he said. What he is saying, in ‘‘1984’’ Kentucky yield for a question?

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S626 CONGRESSIONAL RECORD — SENATE February 5, 2008 Mr. MCCONNELL. No. Washington who is pushing for energy licans—I should say 46 because 3 al- The PRESIDING OFFICER. The as- tax credits—an innovative, construc- ready voted courageously in the Fi- sistant majority leader. tive part of our economy—that will nance Committee, so 46 Republicans Mr. DURBIN. Mr. President, the Sen- help businesses get started creating are going to have to make a decision. ate Intelligence Committee is a great jobs and keep America in the forefront They are not going to be able to pick committee. I served on that com- of this research? If the Republicans ob- and choose whether seniors are more mittee. I wanted to have a chance to ject, say it. They are walking and important than people with no heat in have a dialog here with the Senator dancing around, and they just will not their homes, more important than peo- from Kentucky, the leader on the Re- come forward and say it. ple with no jobs, more important than publican side. He continues to overlook We think the Baucus-Grassley bill, a people who are having their homes the obvious. The Foreign Intelligence bipartisan bill, is a good bill. We want foreclosed upon. The distinguished Surveillance Act bill is the product of to vote on that bill. We want the Re- Democratic whip understands that two committees—not one but two. publicans to go on record. they are going to have to vote for the He says, well, he likes the Intel- If they believe the homebuilders stimulus package out of the Senate Fi- ligence Committee version, and cer- across America do not deserve some nance Committee, not pick and choose tainly it was a version that passed with sort of tax benefits in one of the rough- which is more important, whether sen- an overwhelming bipartisan vote. But est times they have had to face in mod- ior Americans are more important the fact is that the Senate Judiciary ern memory, then, for goodness’ sake, than the unemployed or the people Committee also passed their version of be on the record and say it. But they with no heat in their homes or the peo- the bill relating to specific elements come to the floor and tell us: Maybe we ple losing their homes? Does the distin- that are equally important to the In- do not need a stimulus package. They guished Senator from Illinois under- telligence Committee work, and what argue that unemployment benefits ag- stand that? Senator REID, on the Democratic side, gravate unemployment. They do all of Mr. DURBIN. I would respond to the has tried to do is to give us a chance on those backward arguments. It is no Senator from Nevada, our majority the floor to vote on some of the key wonder that Senator REID continues to leader, that I hope the Republicans un- issues raised by the Senate Judiciary reference George Orwell; it really is derstand that the package we bring to Committee. impossible to follow their logic on the the floor is the result of Finance Com- In fact, we reached an agreement on floor. But I think the American people mittee deliberation and votes and a bi- how we were going to do it. It took us know the outcome. The outcome is partisan rollcall in support. It is not as a week or more to craft a unanimous that we will do little or nothing today if we were imposing our will here. We consent request to lay out the specific because the Republicans insist that lit- are bringing to the floor the measure amendments we were going to, with tle or nothing be done today, and then that passed the Senate Finance Com- understandings about how much time tomorrow they will come to the floor, mittee. And when was the last time a would be devoted to each and what the and they will complain that nothing bill came to the floor which you agreed vote would be. I can tell you, I was in- was done today. with in all of its different sections? volved in some preliminary parts of it, The PRESIDING OFFICER. The ma- There are usually one or two things in Senator REID stuck with it to the bit- jority leader. there I wish were written differently. ter end, and we did reach an agree- Mr. REID. Mr. President, before my I would say to my friends on the Re- ment. friend leaves the floor, I would like to publican side that if they believe we So what is stopping us? What is stop- direct a question through you to him. I should say no to families in Kentucky, ping us, for reasons I can’t explain, is have not had a chance to speak to the to families in States around the Nation that the Republican side, which refused distinguished Democratic assistant who are struggling with heating bills, to yield for a question, wants to blame leader, the whip, about this. then they have to understand that has us for slowing down a bill which they Are you aware that this perfect pack- been part of the bipartisanship package are stopping us from calling. age the President has been talking brought to the floor, and they will be That is what it boils down to, in the about keeping together, the great bi- voting against those people and voting simplest terms. They want to blame partisan effort with the House and his against the unemployed, and that will the Democratic majority for not pass- people, are you aware that this pack- be the record they can carry home ing FISA. Yet they refuse to allow us age which we have been pushed and from this debate. to bring it to the floor and consider the pushed to ‘‘take it just as it is,’’ are f amendment so that we can have a vote you aware that the Secretary of the RECOVERY REBATES AND ECO- and bring it to final passage, take it to Treasury today testified and made a NOMIC STIMULUS FOR THE conference, and send it to the Presi- statement that he thinks it is a pretty AMERICAN PEOPLE ACT OF 2008— dent. They cannot have it both ways. good idea to have seniors and disabled MOTION TO PROCEED They cannot blame us for holding up a veterans included? Are you aware of The PRESIDING OFFICER. Under bill that they are holding up. that? So this perfect package may not the previous order, the Senate will re- Secondly, let me say a word about be as perfect as they thought it was. sume consideration of the motion to the stimulus package. I would like the Mr. DURBIN. I would respond to the proceed to H.R. 5140, which the clerk Republican leader, who tantalizes us majority leader by saying that obvi- will report. with bits of information when he comes ously the notion of a bicameral Con- The assistant legislative clerk read to the floor, to really spell it out. What gress has been tested and proven. I am as follows: is it in the Senate Finance Committee glad Senator ROBERT C. BYRD is on the Motion to proceed to the bill (H.R. 5140) to bill, this bipartisan bill, this Baucus- floor here to witness that statement, provide economic stimulus through recovery Grassley bill, what is it they object to? with which I am sure he will agree. rebates to individuals, incentives for busi- The so-called Christmas tree argument, The fact is, as good as the House ness investment, and an increase in con- the goodies, the pet projects? Let’s be package might have been, we are doing forming and FHA loan limits. very specific about it. our best to improve it. And now, as I The PRESIDING OFFICER. The Sen- Do the Republicans, the Senator understand it, two so-called pet ator from West Virginia. from Kentucky and others, object to projects—helping 20 million seniors and Mr. BYRD. Let Senators be aware providing an additional few weeks of a quarter of a million disabled vet- that we Senators must and should ad- unemployment insurance for those who erans—are now becoming pet projects dress one another in the third person. are out of work? If that is the case, say of the administration. It would be There is a reason for this: It minimizes it. Do the Republicans object to the great, and I hope the Republican side the chances of us having on display bad idea that we are going to try to deal will join us in the rest of our bipartisan tempers. Are Senators aware that Sen- with the housing crisis in America and package. ators should address one another— put some provisions in to deal with Mr. REID. Mr. President, if I could how? Not in the second person but, that in an honest way? If so, say it. Do direct another question to my friend. rather, in the third person? Is the Sen- they object to Senator CANTWELL of You are aware that the 49 Repub- ator from Timbuktu aware of that

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S627 rule? Is the Senator from West Virginia subprime foreclosures by the end of low-income seniors should be high on aware of the rule? Yes. next year. There are many ripple ef- the list. Looking at it from the point of The Senator from West Virginia will fects to what is happening in the econ- view of fairness, we should want to in- take his seat. I thank the Chair. omy. I was talking to some people in clude low-income seniors. Quite frank- The PRESIDING OFFICER. The Sen- Baltimore, where we have the General ly, I believe it was an oversight by the ator from Ohio. Motors transmission plant. They were other body. I don’t think this is con- Mr. BROWN. I ask unanimous con- telling me that their sales of light troversial. It should not be controver- sent that the Senate now stand in re- trucks are down because of the housing sial. That should be clearly added to cess under the previous order. industry, because so many of the peo- the package. I congratulate the Fi- f ple who work in the housing industry nance Committee for including low-in- need light trucks. We have lost jobs in come seniors. RECESS Baltimore as a result of what is hap- The Finance Committee also in- The PRESIDING OFFICER. Under pening in the housing market. cluded disabled veterans. Those receiv- the previous order, the Senate stands Another interesting fact, it is affect- ing disability benefits would qualify in recess until 2:15 p.m. ing local governments. It is now esti- for a rebate. Let me talk about a mat- Thereupon, the Senate, at 12:25 p.m., mated that as a result of the decline in ter of fairness. We are talking about recessed until 2:15 p.m. and reassem- housing values, local governments will men and women who answered our Na- bled when called to order by the Pre- lose close to a billion dollars in prop- tion’s call who are now receiving dis- siding Officer (Mr. CARPER.) erty tax revenues. There is a real ripple ability benefits. That, again, was an f effect to what is happening in our econ- oversight by the other body. They omy. clearly wanted to include disabled vet- RECOVERY REBATES AND ECO- We have a responsibility to act. I erans in the tax rebates we are putting NOMIC STIMULUS FOR THE congratulate the Federal Reserve for forward. I don’t believe this is a con- AMERICAN PEOPLE ACT OF 2008— taking action on the prime rate. That troversial issue. It is a matter of fair- MOTION TO PROCEED—Continued was helpful. It was directly helpful in ness, a matter of people who will help The PRESIDING OFFICER. The Sen- reducing interest rates, but it was also our economy, targeting the economic ator from Maryland. a clear signal that the Fed is going to stimulus properly. Mr. CARDIN. Mr. President, let me operate to help the economy. So should The Senate Finance Committee first express my disappointment that we. For us to be effective, we must be package also included an extension of we are not able to vote on the eco- timely. To be timely, we must vote on unemployment insurance benefits. I nomic stimulus package. That package this bill. I am extremely disappointed want Members to concentrate on this was reported out of the Senate Finance that we can’t use the time we have one. When you have economic down- Committee last Wednesday. Each of us available today to take the necessary turn, people lose their jobs. When they had plenty of opportunity to review the votes so each Member can cast their lose their jobs, in many cases their sole report from the Finance Committee vote as to whether they agree with the source of income becomes unemploy- and the provisions they added to the Finance Committee, and then we can ment insurance compensation. The House package. For reasons I cannot move on and send this bill back to the money we give as a safety net into understand, the Republican leadership House and hopefully to the President which they paid through employment is denying us the opportunity to act within a short period. taxes—it is their money—is an insur- quickly on the package. I am pleased with the work of the Fi- ance program. When we go through an One of the major criteria for the eco- nance package. Another major point economic downturn, it is more difficult nomic stimulus package is it must be about a successful economic stimulus for someone who has lost a job to find timely. The House took it up, passed it. package is that it should be targeted to a job, because there are less jobs avail- Now it is our turn. We are ready to act. those programs that will help create able. Historically we have extended the We have the bipartisan recommenda- job opportunities immediately. It is traditional 26 weeks of unemployment tions from the Senate Finance Com- short term so it needs to be targeted. benefits beyond that, when we have an mittee. Now it is time for us to take The Senate Finance package incor- economic downturn. The Finance Com- action. porates what the other body did in re- mittee said, as a matter of fairness, we These are very difficult times. Let bates to taxpayers, providing business should extend those benefits by an ad- me review some of the most recent eco- relief through expensing and deprecia- ditional 13 weeks. For those States nomic news. It is not good. The stock tion, but it goes further with some rel- that have high levels of unemploy- market is 11 percent lower than it was atively modest changes in the total ment, we should go to 26 weeks of addi- last October when it reached its peak. dollar amount but extremely impor- tional benefits. That is certainly the The price of oil has reached $100 a bar- tant, if we want to make sure the eco- fair thing to do, because they are the rel. That is causing hardships for many nomic stimulus package is targeted to people mostly hurt by the downturn in families. Last month we saw job loss, those who need it and will help our the economy. If our criteria is to tar- an actual decline in employment for economy. It also should be targeted to get money into people’s hands who are the first time in 4 years, a shrinking be fair, looking after the people who going to spend it if that is their source workforce. The President submitted his need help, the people who have been of income, we know that is going to get budget. He is showing the deficit, by disadvantaged by a downturn in the back into the economy. So it will help his own numbers, increasing from $162 economy. our economy to extend unemployment billion to $410 billion. That debt does The Finance Committee is recom- benefits. not include the use of Social Security mending that we include low-income The Finance package also includes an surpluses. It does not include such seniors. Low-income seniors are hurt- energy package to provide incentives things as paying for the alternative ing today. They don’t know where they for businesses to move toward more ef- minimum tax that we know we will are going to get the money to buy food ficient energy sources and more envi- have to deal with. We have tough eco- or pay utility bills or medical ex- ronmentally friendly energy sources. It nomic times. penses. There is a misconception that would include a package that will When one looks at the housing mar- seniors have this wonderful health care allow us to energize the economic sec- ket, there is reason to be concerned. In system called Medicare. Seniors as an tor for what we call green jobs. We 2007, home sales were down by 13 per- age group have the highest amount of know we need to change our energy cent over 2006. There are over 4 million out-of-pocket health care costs of any policy. We know we need to be more properties currently in inventory, a age group. Seniors are being hurt by sensitive to the environment. We need very high level of homes that can’t the high cost of fuel. Seniors need help. to be energy independent for national seem to move off the market. We are Why should we leave them out of the security so we don’t depend upon other all concerned about the subprime fore- package? Certainly, if we want to tar- countries who are unfriendly toward us closure rates. It is estimated now that get it to those who will spend some for our energy needs. We need to do we could have as many as 2 million money to generate economic activity, that in order to deal with the problems

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S628 CONGRESSIONAL RECORD — SENATE February 5, 2008 of greenhouse gas emissions and global little bit. The money will get right take us years to accomplish those climate change. We need to get on with back into the economy, helping to goals. We are not going to accomplish an energy policy for our economy. We stimulate the economy and helping us them overnight, but we need to get it can’t sustain abrupt increases in en- make this downturn as brief as possible done. ergy costs because of the whim of oil so we can grow our economy. By the way, let’s also take a look at producing countries. For all those rea- This is a short-term economic stim- this budget that was sent to us. I am sons, we need to be energy inde- ulus package. It is important for us to glad to see my colleagues on both sides pendent. We all agree—and I have act quickly. I am disappointed that we of the aisle raise very serious problems talked to my colleagues from around are being stalled by the Republican with the President’s budget. Let us this the country on both sides of the aisle— leadership and not having a chance to year come together on a budget that that we have to unleash the creativity vote on it as promptly as we should. starts to bring us into balance. We of America’s businesses and the cre- We are ready to vote. We know what is started with this administration 7 ativity of our free market. This pack- in the package. We should be voting on years ago with a budget that was in age coming out of the Finance Com- it and getting it back to the House so surplus. I was proud to be a part of the mittee provides the tools so American we can get to it conference and to the Congress that brought that budget into businesses can respond to the needs we President as quickly as possible. It is balance. We are going to have to do have on creating alternative energy short term. It will help stimulate the that again, but let’s start in 2008. We sources and a greener and more friend- economy. don’t have to wait until 2009. Let us Then I hope we will see the same ly environmental energy policy. start to get these problems resolved. If type of bipartisan cooperation between The package also includes the net op- we do, we will be on a much sounder the White House and the Democratic erating loss so businesses that have economic basis and we would not have leadership in the House to deal with lost money can benefit from this econ- to worry about another trigger coming omy and can stay in business and can deep problems we have in our economy. These are more long term. We are not along that causes us to go through an- try to help our economy. It also in- other economic downturn with people cludes a very important provision that going to reverse it overnight. These are not appropriate to be included in the being hurt. Senator KERRY offered dealing with But our responsibility at this mo- mortgage revenue bonds. Part of the short-term economic stimulus package that is on the floor. But these are ment is to deal with the short-term problem we have in the housing market issues that need to be dealt with. Quite economic stimulus package. That is today is what we call a credit crunch. frankly, I don’t think they can wait the opportunity we have that we can We also have people who are suffering until a national election. We need to get done this week. That bill we can from subprime mortgages and need work on them this year. We are in busi- get to the President this week. Every some help as far as refinancing. The ness. Let’s get some work done. Let’s day is important. I know I speak for revenue bonding authority to local work together, Democrats and Repub- most of the Members of this body that governments will help in both cases. It licans. Let’s stop stalling. Let’s use the we want to get it done now. The choice allows local governments to buy these time this year to work on the problems is clear. We have the package, the bi- mortgages. In many cases they will be of energy independence. We could take partisan package from the Senate Fi- below par. They will buy them for their a major step forward. I have heard my nance Committee. Let’s bring it up and value, but then they can refinance the colleagues on both sides of the aisle vote on it and let’s move forward. I property so people who are living in talk about how, if we would make a would urge my colleagues to do that. these homes can stay in them and are Manhattan type commitment or a com- Mr. President, I yield the floor, and I not going to be subjected to potential mitment as we did to put a person on suggest the absence of a quorum. foreclosure. It is certainly in our inter- the Moon, we could become energy The PRESIDING OFFICER. The est to provide that help. It will also independent in a relatively short pe- clerk will call the roll. help with the credit crunch because the riod of time. We have to start on that. The assistant legislative clerk pro- more money out there, the more dol- In 2007, we passed an energy bill that ceeded to call the roll. lars that will be available. was a good bill. But it certainly didn’t Mr. CONRAD. Mr. President, I ask As I think I related earlier stories I move as far as most of us wish to see us unanimous consent that the order for have heard from the State of Maryland, move. Let’s move forward on that pro- the quorum call be rescinded. I can tell you about homeowners in posal. There is a proposal coming out The PRESIDING OFFICER. Without Salisbury trying to sell their homes, of the Environment and Public Works objection, it is so ordered. but they can’t because the buyers can’t Committee that contains a step for- Mr. CONRAD. Mr. President, yester- get a mortgage. Everybody is being af- ward on America being a leader on day, we received the President’s budget fected. So the package that includes dealing with global climate change for this year and for the next 5 years. the mortgage revenue bonds is impor- that the Presiding Officer worked on. I wish to take a few moments to com- tant. The problem in our economy was So this is a bill that I think is very im- ment on that and then on the need for triggered by the housing market. It portant that we move forward on. We a stimulus package given what is hap- wasn’t caused by the housing market. can get it done this year. Let’s not pening in the economy. There are a lot of problems out there, wait. Let’s use the spirit of cooperation First, I wish to indicate that we have and it was certainly not the cause, but and understanding. This economic seen under the President’s leadership a it was triggered by the housing mar- downturn occurred because we didn’t dramatic deterioration in the budget ket. So our stimulus package should pay as much attention as we should to circumstance for the country. Last try to deal with that. The Finance the underlying problems of our coun- year, the deficit was about $160 billion. Committee package deals with it. try. They are now forecasting, the adminis- I thank the majority leader for add- Let’s get on with health care. Let’s tration is forecasting that under its ing one substantial change to the Fi- get a bill to the floor that will at least budget proposal, the deficit for this nance package. He did that because help start to deal with those who are year will reach $410 billion, the second there was bipartisan agreement. We uninsured, take on some of the major biggest deficit in dollar terms in our have had Senators on both sides of the cost issues in our health care system, Nation’s history, and for next year, aisle urging that the package include whether it is the high cost of prescrip- again a deficit of more than $400 bil- help for LIHEAP, low-income energy tion drugs or the high cost we pay be- lion. assistance for families who can’t afford cause people don’t have insurance so This does not tell the whole story. their utility bills. The package will in- they go to emergency rooms or the This is the deficit story. The debt story clude some help for that group. There need for medical technology so we have is far more serious. As I have been say- is consensus that we need to do that, a more efficient system, a better use of ing for a number of years, the debt is but it is also part of the economic preventive health care so people can the threat. However, we will never hear downturn, families who cannot afford get the care in a less costly way. the word ‘‘debt’’ leave the lips of this and have to make the decision between Let’s move on in 2008. Let’s not lose President. Never. We will never hear food and energy. This will help them a that opportunity, because it is going to him talk about the growth of the debt.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S629 We will never hear him discuss the proaching $400 billion; we owe the Brit- ative priorities of what the President threat of the debt. We will never hear ish over $300 billion; we owe the Kore- has proposed, here is what you see. him discuss a plan to deal with the ans over $40 billion. That is the legacy For those who earn over $1 million a debt. It is as though the debt of the of this administration. year, the cost of the President’s tax country for this President does not Now the President comes with his cuts for that category of earners will exist. Why? Well, perhaps because the budget, and says he is going to start cost $51 billion in 2009 alone. Let me re- debt is growing far more rapidly than doing something about the spending peat that. The cost of the tax cuts for the deficit. side of this equation. He said: I want to those earning over $1 million a year (Mrs. MCCASKILL assumed the cut Medicare and Medicaid over the will be $51 billion in 1 year alone. On Chair.) next 10 years by $600 billion. No, I the other hand, the President says we Mr. CONRAD. Madam President, the didn’t misspeak. That is what is in the have to cut low-income heating assist- President says the deficit for 2008 will President’s budget. He wants to cut ance by $400 million. So you don’t have be $410 billion. If you look at his pro- Medicare and Medicaid $600 billion over $400 million for low-income heating as- posals, you see the debt will increase the next 10 years. That is health care sistance, but you do have $51 billion for under his plan by more than $700 bil- for those who are Medicare eligible— tax cuts for the wealthiest among us. lion. Let me repeat that. Under the largely the senior citizens of this coun- The priorities continue in that same President’s plan, the debt will not in- try. The President wants to cut that by vein. It would take $826 million to re- crease by the advertised deficit of $410 $600 billion. store the cuts to education that are in billion; the debt will increase by more At the same time, in the same this President’s budget—$826 million than $700 billion. breath, in the same budget, he says: for 1 year. Again, the President says, Why the big difference? The biggest While we are doing that, let’s cut taxes no, it is far more important—if you do reason is that, under the President’s another $2.2 trillion. Let’s dig the hole the math, he is saying it is more than plan, nearly $200 billion in Social Secu- even deeper and add more to the deficit 60 times as important to provide addi- rity money is being taken to pay other and debt. Let’s go more in hock to the tional tax cuts for those earning over a bills. If you were doing that in the pri- Chinese, the Japanese, and anybody million dollars a year, because the tax vate sector, if you were taking retire- else who will loan us money. cuts for that category—the cost of the ment funds of your employees to pay Madam President, these numbers of tax cuts are over $51 billion for next operating expenses, you would be on the President substantially understate year. your way to a Federal institution. But how serious it is. Why? Because, magi- The same is true in law enforcement. it would not be the House of Represent- cally, he has just left things out. On In many ways, this is the most star- atives or the White House; you would the war, the President has no costs be- tling. The President says eliminate the be on your way to the ‘‘big house’’ beyond the first half of 2009. The Presi- COPS Program, which has put more cause that is a violation of Federal dent said there should be no timetable than 100,000 police officers on the law. But here the President can pro- on Iraq. He has just provided the time- street. The President says forget it, cut pose a budget that does it. In fact, that table, hasn’t he? He provided the time- it 100 percent. No additional police on is what he has done the entire time he table for withdrawal in his budget be- the street. What sense does that make has been in office. He has taken tril- cause he says there is going to only be when crime is rising? He doesn’t say lions of dollars in Social Security funding for next year. The President, cut it; he says eliminate it. It would money and used it to pay other bills. who said he is against a timetable for cost $596 million for 1 year to restore The problem with that, of course, is withdrawal, just wrote one. His time- that program. Again, the cost of the that while none of it is counted in the table is provided in his budget. He says President’s tax cuts for those earning deficit calculation, it all gets added to that after 4 months of next year, there over $1 million a year is $51 billion. the debt. The result is that here is is not going to be any funding for the That is almost 100 times as much as re- what is happening to the gross debt of wars in Iraq and Afghanistan. How storing funding for police. the United States. At the end of the much will be spent for the wars in 2010? If we look at specific proposals by the President’s first year—and we don’t He says zero. Next year, it is $70 bil- President in this budget, we see he pro- hold him responsible for that year be- lion, after spending nearly $200 billion poses cutting the COPS Program, as I cause he inherited a budget from the this year. This budget charitably can have indicated, by 100 percent; weath- previous administration—the debt was be called a great work of fiction be- erization assistance, cut that 100 per- $5.8 trillion, the entire debt of the U.S. cause it bears no relationship to any cent; first responders—the aid to our Government, the Federal Government. reality. firemen and our emergency personnel— We now see that at the end of 2009, In addition, regarding the alternative he says cut that 78 percent; clean water which is the last year he will be re- minimum tax, which everybody says grants, cut that 21 percent; community sponsible for, the debt will be $10.4 tril- has to be fixed, he has the money to fix development block grants which help lion. So he will have increased the debt it for 1 year. He doesn’t have a dime to our cities—and every mayor will tell of this country by 80 percent in 8 years. fix it for any of the next 4 years after you these are the most flexible funds What a disastrous legacy this is. He that. So we are talking about hundreds they get from the Federal Govern- has us on course to have more than $13 of billions of dollars that are not in ment—cut that 20 percent; cut low-in- trillion in debt by 2013. This is before this budget. come energy assistance 17 percent. the baby boomers retire. We cannot Finally, for the fourth year in a row, Madam President, that brings me to pay our bills now. Can you imagine for the first time in any administra- the subject of the need for a stimulus what is going to happen when we dou- tion’s history, the President provides package. Economic growth, we are see- ble, in very short order, the number of no spending details past this coming ing, has slowed dramatically. The Con- people eligible for Medicare and Social year. So he has the cuts in there, but gressional Budget Office says economic Security? he doesn’t tell you how they are going growth is going to slow to 1.5 percent Madam President, perhaps of even to be done. More make believe, more this year. greater concern is what this President fantasy, and more fiction—that is what By the way, all of the numbers I has done to foreign holdings of our this budget is all about. used, and the President’s budget—do debt. It took all of these Presidents Madam President, the war cost $193 you know what economic growth num- pictured here on this chart—all of the billion this year. Next year, it will only ber he used? He didn’t use 1.5 percent, 42 previous Presidents—224 years to run cost $70 billion—that is what the Presi- which comes from the nonpartisan up a trillion dollars of U.S. debt held dent says. That is in this budget. Can Congressional Budget Office. He says abroad. This President has more than anybody believe it? I have not found the economy will grow at 2.7 percent. doubled that amount in just 7 years. He anybody who does—not if the Presi- So all those numbers I showed are the has added over $1.3 trillion of foreign- dent’s policy is pursued. best-case scenario, because he has a held debt in his 7 years. That means we In terms of the priorities of this rosy scenario with respect to what eco- now owe the Japanese nearly $600 bil- budget, they are also subject to serious nomic growth will look like. If we look lion; we owe the Chinese a sum ap- question because if you look at the relat the last quarter of last year, what

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S630 CONGRESSIONAL RECORD — SENATE February 5, 2008 happened to economic growth? It Finally, we encourage investment in employment claims rise. People are slowed to six-tenths of 1 percent. That alternative energy. Let me just point very concerned about what is hap- should be a tipoff that we have a prob- out that some say, in terms of incen- pening to their paychecks. They are lem. tives, that the extension for 1 year, for worried about whether they are going Here is what is happening to the example, of the wind energy tax incen- to be able to pay for food or their mort- housing industry. They are not in a re- tives, that is not stimulative. Really? gages in the future. cession; they are in a depression. Here Tell that to the company in North On top of that, we see as many as 2 is what happened to new home build- Dakota that makes the big blades for million Americans who are losing their ing. It has gone from a peak in 2006, wind turbines. They have told me, if homes because of the current subprime and it has virtually collapsed. We just the wind energy tax provision is not mortgage crisis. Economists now are met with the homebuilding industry. extended, they are going to start lay- telling us that problem is going to get They say this is the worst downturn ing off people. They employ hundreds worse before it gets better. since the Great Depression. That ought of people in my State. When people say So here we are, and the President to get somebody’s attention. the energy package is not stimulative, sends his budget to us on Monday. It is Energy costs are spiking. We know I tell you in my State it is because we his eighth and final budget request. He what happened to fuel prices, fertilizer have manufacturing facilities that had a chance to send us a budget that prices, home heating fuel, gasoline, and make the giant blades for the wind tur- would set us off on a fiscally respon- diesel. As a result of that, consumer bines. sible path, one that would help us confidence has taken an enormous hit. I have commented on the President’s strengthen this economy, invest in our Here is the index of consumer con- budget because the President is going country’s future, and help those fami- fidence, which was down very dramati- to dump a debt bomb on the desk of the lies who are struggling today to keep cally as we went through the months of next President. That is what is going their homes and pay their bills. But in- last year and into the early part of this to occur. He has nearly doubled the na- stead, the President gave us more of year. This is what signals that we are tional debt. He has it going up at a rate the same, more of what we have seen in serious territory and that the econ- of $800 billion a year, not the $400 bil- for the last 7 years. Instead of taking omy is seriously at risk. lion of deficit we read about in the steps in his final budget to help Amer- The unemployment rate has risen paper. The debt is going up twice as ican families get back on their feet, he sharply over the past year. We saw in much, $800 billion a year, after this cut programs, such as heating assist- the last jobs report that we actually next year when it is going up $700 bil- ance and job training. Can you imagine lost 17,000 jobs. This was stunning to lion. how that feels if you are worried about most economists, who were forecasting The next President is walking into a how you are going to pay your home there would continue to be slow but fiscal meltdown of historic proportion. heating bill or if you just lost your job? modest job growth. Instead, it appears This President has been the most wild- Instead of laying the groundwork to the economy hit a wall. ly irresponsible fiscal steward in this reduce our debt, which the chairman of Madam President, this is what the country’s history. That is a fact. The our Budget Committee, Senator CON- Federal Reserve Chairman told us on next President and the next Congress RAD, has repeatedly told us is a huge January 17: better get ready because they are walk- issue facing us, instead of dealing with Any stimulus program should be explicitly ing into an absolute fiscal quagmire. that, he gave us a dishonest budget temporary, both to avoid unwanted stimulus that fails to state the true cost of war. beyond the near term horizon and, impor- I yield the floor. tantly, to preclude an increase in the Fed- The PRESIDING OFFICER. The Sen- He sent us a budget that put out a eral Government’s structural budget deficit. ator from Washington. blueprint of $70 billion. He is asking He went on to say about an effective Mrs. MURRAY. Madam President, I $190 billion or $200 billion for this year stimulus: ask unanimous consent that following alone. Does that mean the President is There is good evidence that cash that goes my remarks, the Senator from Michi- going to bring our troops home? No. He to low and moderate income people is more gan be given 10 minutes, the Senator is simply being dishonest about what likely to be spent in the near term. . . . Get- from Colorado 10 minutes, and if any his programs and his proposals cost. ting money to people quickly is good, and Republicans come to the floor seeking The budget he sent us is going to re- getting money to low and moderate income recognition, that they be intervening quire us to borrow billions from foreign people is good, in the sense of getting bang between the Democrats. governments to meet our expenses. I for the buck. The PRESIDING OFFICER. Without think that is irresponsible. Here are the elements that represent objection, it is so ordered. Over the last 7 years, America has improvements in the Senate stimulus Mrs. MURRAY. Madam President, paid dearly for the investments this package. We cover 20 million seniors first, I thank our budget Chair, Sen- President has failed to make, and this who were not covered in the House ator CONRAD, for presenting to us what year in his budget we see nothing dif- package, and 250,000 disabled veterans has been given to Congress to consider ferent. The Bush budget that was sent are included in the Senate package but from the President and the White to us cuts critical programs at the Vet- not in the House’s. We have higher re- House concerning our budget. I, too, erans’ Administration, including med- bates for low-income households—$500 am here this afternoon to talk about ical research. When we have veterans versus $300. It extends unemployment President Bush’s proposed budget becoming home today who have post- insurance benefits, which gives us the cause, as we all know, we began debat- traumatic stress syndrome, who have biggest bang for the buck. We prohibit ing it in our Budget Committee today. traumatic brain injury, who have lost illegal aliens from receiving rebates. We have all had a look at this proposal their limbs, who are suffering from That was not brought to their atten- now, and I think many of my col- very debilitating issues, he cuts the tion in an effective way, so, unfortu- leagues on the Budget Committee medical research budget. He cuts fund- nately, it is conceivable that illegal agreed we could say it was nothing ing for extended care facilities, even aliens could get rebates under the short of being dishonest and irrespon- though we know the number of troops House package. We have prevented that sible and, frankly, unacceptable to coming home who will need extended in the Senate package. We also have many of us. care is growing. And he asks the next better targeted business provisions, es- We are facing some pretty serious generation of combat veterans to risk pecially the net operating loss problems in this country today, but the their lives in Iraq and Afghanistan and carryback. I am proud to have au- budget President Bush sent to us on then says to them they are going to thored an amendment that losses in Monday fails to take any of those chal- have to pay for part of the cost of their 2008 could be carried back to profitable lenges into consideration. We are out health care as a result of their serving years, so that companies that are in here trying to pass an economic stim- this country. this depression—those in the home- ulus package in response to the fact The budget proposal he sent us cuts building industry—will qualify for as- that more than 1 million workers lost $484 million from critical workforce sistance to prevent them from having their jobs last year in this country. training programs right at the time even steeper layoffs and cuts. Across the country, we are seeing un- that 7.7 million people are out of work

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S631 and asking: How can I get trained for when Mr. Nussle refused to estimate a very different vision. We intend to the next job out there? the full cost of the Iraq war even for change the priorities of this country The budget he sent to us, as Senator this year that they were not serious and put them back on those priorities CONRAD talked about, freezes Medicare about this budget. that directly affect middle-class fami- reimbursement levels for our hospitals, Just like any American family that lies and help them survive and thrive for our hospices, for ambulance serv- is sitting down to balance its own in an economy that is having a very ices, and long-term care facilities, even checkbook, we are going to have some tough time, where they are being hit though it threatens access to facilities pretty tough decisions ahead in this on all sides with increased costs. that are already stretched to the limit. Congress. We have to do it now. We I wish to take a moment to speak This is going to affect every one of us have to be honest about what our obli- about the stimulus package. As a mem- who will need access to our hospitals, gations are and the expenses we face. It ber of the Finance Committee, I am long-term health care facilities for our- is time we take stock of our finances very pleased with what we have been selves and our parents in the coming and get our books back in order. We able to do working together on a bipar- years. have to invest in the priorities of tisan basis to come forward, again, And for the fourth year in a row, America’s families, and it is going to with something that reflects a stim- amazingly, the President is proposing take a true commitment, but that is ulus in the short run and focuses on deep cuts to community development certainly something the President’s critical areas, and we make sure a block grants. These are programs that budget failed to do. number of folks who were left out of every mayor in every city has told us We need an economic plan that works the House package are not left out. are the most flexible dollars the Fed- for everyone in this country. We need We start with 20 million seniors. I eral Government sends to them that the economic stimulus package that we should also say we are going to have in helps them create jobs right at a time are trying to get passed that the Fi- this body two votes: a vote on whether when they are facing these tough eco- nance Committee did an excellent job to include 20 million seniors or a vote nomic times. in the Senate to put forward that will on whether to leave them out. That is Sadly, the President is slashing fund- help provide short-term economic the reality. Unfortunately, seniors on ing for section 8 and other low-income stimulus that is dramatically needed. fixed incomes, whose only income is housing programs, even as more of our Beyond that, we need a budget that in- Social Security, have been left out of families are set to lose their homes vests in the American people and their the House package. We, on a bipartisan than at any time since the Great De- priorities so our families can begin to basis, have put it into the Senate pack- pression. feel strong once again. That is how we age. In the last 7 years, we have gone are going to get this economy moving. So the question will be: Do my col- from a budget surplus to a record def- It is time for a change, and I am leagues support and join with AARP icit, our roads and our bridges are looking forward to getting it started and all the senior organizations that crumbling, and we are paying for a now. have been pushing and advocating and misguided war on the backs of our I yield the floor. sending cards and letters and phone grandchildren. People desperately want The PRESIDING OFFICER. The Sen- calls and urging us not to forget them, to see leadership that invests in those ator from Michigan. will you join with them, 20 million sen- priorities and helps begin to turn this Ms. STABENOW. Madam President, I iors, or will they be left out? We also economy around. first lend my voice to that of the Sen- want to make sure our disabled vet- People at home say to me: Invest in ator from Washington and the Senator erans are not left out. our future at home. But sadly, I think from North Dakota, our distinguished I am proud of the fact that we, in this the legacy of this administration is chairman of the Budget Committee. I, new majority, this Democratic major- going to be red ink and broken prom- too, am a member of the Budget Com- ity, have put veterans health care at ises. mittee and am extremely disappointed the top and last year included real im- We have some hard work ahead of us that the President’s budget this year is provements in health care funding for as we try to repair the economy and simply more of the same, in some cases the first time since that war began— build a budget in the Congress that worse—higher deficits, more cuts in a the largest funding increases to sup- matches our country’s real priorities. number of areas, and certainly the port our veterans since the war began. That was pretty obvious today at our wrong priorities for families in Amer- This is another step in supporting our first hearing of the Budget Committee. ica. It takes us in exactly the wrong di- veterans. Two hundred and fifty thou- During that hearing, we listened to rection from where we need to be sand disabled veterans will be left out our OMB Director, Mr. Nussle. He going. if the House bill is passed. talked a good game about wanting to We are going to do what we have So we have a choice when we vote. work with Congress on his budget. But done in other years, which is put for- We vote yes on 250,000 veterans—our when we began to ask him critical ward a very different vision for Amer- disabled veterans, who have given more questions, it was pretty clear how lit- ica, one that focuses on paying down than I will give or most of us will give tle President Bush and his Cabinet un- the debt rather than increasing the for our country—250,000 disabled vet- derstand the priorities of the American debt, focuses on health care and edu- erans get the rebates and are part of people today. It was clear when I asked cation and investing in areas that will the stimulus or they are not. The Sen- Director Nussle about why the Presi- clean our water and our air and protect ate package puts them in, the House dent is proposing deep cuts to the Vet- our lands and focus on the economy package leaves them out. erans’ Administration construction and good-paying jobs for middle-class There is another very important budget when thousands of new veterans families who are being hurt all across piece of this package, and that goes to are entering the system every year. this country. the question of millions of middle-class We all remember what happened at We heard today a larger number than Americans, who, through no fault of Walter Reed a year ago, when it ex- I have even been using about what is their own, have found themselves in a posed the deplorable conditions at our being spent on this war. The number situation without a job. I have spoken VA facilities across this Nation, where now is $16 billion a month, $4 billion a many other times on the floor about we are sending those Iraqi war veterans week on this war, and yet at the same the reasons for that—from not enforc- and veterans from previous wars in time, the President believes we should ing our trade policies and not investing horrible conditions. He stood with us eliminate funding for the COPS Pro- in the technologies and the infrastruc- and said we are going to fix this situa- gram for local police officers and fire- ture and the things that we need to be tion. Yet today, we get a budget that fighters, makes dramatic cuts in Medi- doing to grow a 21st century manufac- cuts the construction budget. How are care and Medicaid, health care pro- turing base and to be able to keep man- we going to rebuild those facilities and grams, cuts 48 different educational ufacturing jobs, middle-class jobs, all make them into a place Americans can programs, and the list goes on and on. across this country. be proud of if the President doesn’t ask I am looking forward, as a member of There are many reasons for the fact for the money to do it? It was clear the Budget Committee, to put forward that we have millions of people who are

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S632 CONGRESSIONAL RECORD — SENATE February 5, 2008 currently unemployed, but the fact is 7.7 million Americans, this becomes ab- and raising these issues that are so im- we do. We have middle-class Americans solutely critical as we look at our portant to America. I think particu- who find themselves on unemployment economy. The good news is that every larly when you come from a State such insurance, which pays about 40 percent economist, from the most liberal to the as her State of Michigan, where they of the normal wage, while they are try- most conservative, as well as the Con- have an unemployment rate that is ing to keep the house, keep up the gressional Budget Office and so many knocking on the door of 8 percent, she mortgage payment, put food on the others, has said that one of the best knows how hard it is for families in table, keep the lights on, pay for the ways to stimulate this economy, in the Michigan and the families across kids’ clothes that they need, and to put short run, is to extend unemployment America as they see our economy spi- gas in the car so they can survive until benefits. For every $1 in benefits, you raling downward and going into a they can get that next job. generate $1.64. For every $1 that you ditch, which essentially makes what Now, some have said, well, it is not put into unemployment benefits. Why? we are trying to do in the Senate today that bad. I come from a State with the Because if you are unemployed, you more important than at any other highest unemployment in the country. don’t have the option of saving. You time. We have about 7.6 percent unemploy- are going to spend every single nickel Madam President, I wish to start ment, and we are seeing not only in you get. first by asking unanimous consent that Michigan and a few States around the Madam President, I ask unanimous I be permitted to speak on the Finance country that have been hit first, that consent for 1 more minute to close. Committee stimulus package for such this unemployment situation is begin- The PRESIDING OFFICER. Without time as I may consume. ning to creep out into millions of peo- objection, it is so ordered. The PRESIDING OFFICER. Without ple, millions of middle-class families Ms. STABENOW. So when we look at objection, it is so ordered. this package, we have a choice between all across the country. So we are now Mr. SALAZAR. Madam President, I including or excluding 20 million sen- hearing from Goldman Sachs and from wish to first comment on the Finance iors, excluding or including 250,000 dis- the Bureau of Labor Statistics that Committee and the way that com- abled veterans, including or excluding while, as of January of this year, the mittee works. unemployment rate was 5 percent, by millions of middle-class Americans First, we are on the floor of the Sen- next year the prediction is 6.5 percent. looking for a job and, in addition to ate with a Finance Committee package That is not Michigan, that is nation- that, create jobs through alternative in large part because we have two great ally. That is national unemployment. energy production and efforts to help Senators who have been a part of this So one of the things that is impor- the home-building industry, which is at Chamber, a part of this institution for tant about the Senate package is that the heart of what has been happening a very long time and who make it their instead of being behind the curve—and in terms of our economy. I am very priority to get results. They transcend economists talk about our being behind pleased we have addressed those busi- partisan politics for the public purpose the curve on a stimulus—we actually nesses that have operating losses now, for which they were elected. are putting in place a way to respond to help them through the tax system quickly to be ahead of the curve; to be and be able to keep going and not find It is in that vein that time and time there to extend unemployment com- themselves in a vice this year in terms again the packages we have brought pensation for 13 weeks and an addi- of having fire sales to eliminate their forth from the Finance Committee tional 13 weeks if you hit this 6.5-per- inventory. I am pleased we have been have had both Democratic and Repub- cent unemployment, which, unfortu- able to include a $10 million revolving lican support as we have tried to move nately, too many are saying we will loan fund for States and local govern- forward to confront the challenges that reach. I hope they are wrong. I hope it ments to help with refinancing of face our country today. This economic goes in this direction. I certainly hope subprime loans. stimulus package that is before us it goes in this direction for the great We have a number of very important today is no exception. It was voted out men and women in Michigan who have provisions, and it is very exciting to of the Finance Committee, a com- been working so hard. But the reality see the broad coalition that has come mittee I am very proud to be a part of, is it is most likely to be going in the together, from business to labor, to with a bipartisan vote, in a bipartisan direction of the 6.5 percent. seniors, to the environmentalists, to spirit, and with the sense that we need- So for millions of middle-class fami- those creating energy jobs, to those in ed to give a flu shot to this economy lies that have done nothing but play by the housing workplace; and from home- before it gets sicker; and with the the rules, care about their families, builders to those who are involved with sense that we need to help this econ- working for the American dream, State and local governments, and mil- omy go into a positive direction as op- proud to be Americans, sending their lions and millions of middle-class fami- posed to getting further and further children or husbands and wives off to lies all across this country who are stuck in the ditch of disrepair, where it war, this package in the Senate will counting on us to do more than provide has been headed for the last several give them the dignity of knowing they a check but to create the ability for in- months. can keep the household together while vestments and for jobs that will grow So this is a very important package they are looking for their next job. the economy. that comes before the Senate today, Now, a lot of folks say, well, this is So I am very hopeful we will come to- and we must remember its genesis in going to discourage—in fact, I heard gether with the necessary votes to stop the Finance Committee is in fact a bi- this from the Secretary of the Treas- the filibuster that is happening here. I partisan genesis to respond to what the ury this morning in the Finance Com- wish we could simply have an up-or- President has asked the Congress to do, mittee—that this may discourage peo- down vote on this. We certainly have not only in his State of the Union ple from looking for a job. Well, let us the votes. But because of the situation speech but even before that, when he look at the reality of this. Let us look we are in, because of the Republican said we need to have a stimulus pack- at the reality of what is happening filibuster, it is necessary to get 60 age to help get our economy back on right now in an economy where we votes to be able to stop the filibuster. track. Well, we have done our level have not focused on making sure we So I am very hopeful we will have best to try to put together that pack- have a strong middle class, where we enough colleagues joining together on age in the Finance Committee. I am have not focused on enforcing our trade a bipartisan basis in order to be able to proud to support it, and I hope that laws, where we are exporting jobs, not do that. when we get to a vote on the Finance just products. Let us look at what is Madam President, I thank the Chair. Committee package tomorrow, we are happening right now. The PRESIDING OFFICER. The Sen- able to get Republicans and Democrats We have 7.7 million Americans—7.7 ator from Colorado. to stand together in a resounding posi- million Americans—competing for 4 Mr. SALAZAR. Madam President, I tive vote for moving forward with this million jobs. That is the reality in wish to thank my colleague from Finance Committee package. I hope America today. So when we talk about Michigan for her great leadership on the vote is not just a vote that gets us the need to support and to help those the Finance and Budget Committees to 60 but hopefully gets us to 70 or 75.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S633 Now, why is it important that we all the rest of America today? It makes The chart that is here by me dem- move forward and jump-start our econ- no sense, in my view, if we are trying onstrates what is happening with hous- omy? Well, it is important for the to stimulate the economy. We put, ing across America. You look at what American families whose lives are very probably for a family of four, $1,600 Moody’s said would happen in terms of much affected by the actions we take checks into their pockets. They are what they forecast to be, where we will on the floor of the Senate. It is impor- going to spend this money to help end up as we move forward into these tant to embrace what the President stimulate the economy. It is the right difficult economic times with respect and the House of Representatives have thing to do for us to uphold the Amer- to the housing market. done, which is to say we ought to put ican values and to support our veterans They predict that housing prices will money back into the pockets of the here in America. It is absolutely the decline by 15 percent before we see bot- American consumer so they can spend right thing to do. tom. How many people in America own that money which then helps create It is also the right thing to do in a house, and how many people in Amer- jobs in America and helps to stabilize terms of one of the objectives which we ica have most of their value tied up in our economy. But what the White have, which is to help stimulate our that house? When you see these times House and the House of Representa- economy. Third, when I ask the ques- of declines in housing values, you know tives did in their negotiations with tion, can we improve this bill—yes, we the people of America, the people who Secretary Paulson and others is some- can improve it by adding 20 million are watching us debate here on the thing that can be improved on, and cer- seniors. We can improve it by adding Senate floor, know there is pain in the tainly the bipartisan work of the great the 250,000 disabled veterans. But we economy here in America today. When team on the Finance Committee, which can also deal with the reality of unem- you lose 15 percent of what is your includes the staff of that committee, ployment. most valuable asset, you know there is has brought forth what is a signifi- Maybe some people around here have a major issue with the economy. So it cantly improved package over what not dealt with families that have been is important that we address the hous- came out of the House of Representa- unemployed. But when you lose your ing issues of America, and we are doing tives. job, you lose everything that creates a that partially in this legislation by in- The first of those improvements has quality of life for you. Because you cluding revenue bonds. There are other to do with dealing with those Ameri- cannot take care of your family, you things we are going that have to do cans who were left out: 20 million el- cannot take care of making your mort- with the housing crisis we face here in ders, 20 million seniors, 20 million peo- gage payment, you cannot take care of America. ple who have given their lives to give buying medicine for your children. It is my hope one of the things we are us the opportunities we have in Amer- And, yes, we have now States in Amer- able to do is to come back and address ica today. I am speaking about those ica that are reaching an unemployment the housing issues, along with energy, who came before us and who now de- rate of 8 percent, and the economists along with the farm bill, in a chapter 2 pend on Social Security. The package are saying there are a number of States of our economic agenda in the Senate. out of the House excluded 20 million that are going to be up into 6 to 7 per- But it is also important, as you look at seniors because it says you have to cent before too long. So extending un- this chart, to look at what is hap- have earned income in order to qualify employment benefits is also an impor- pening with housing starts in America. for this tax check that is going to go tant improvement in this package. We are in the worst shape today in out from the Government to the people But it is not that we can take care housing starts in America than we of America. Why should we exclude only of seniors and disabled veterans have ever been. In fact, those who are these 20 million seniors who are receiv- and extend unemployment benefits; associated with the home building in- ing Social Security? Because Social Se- there are other things, I believe, we dustry will tell you we are in worse curity is not earned income. Therefore, can do to help make sure that we im- they are excluded under the provisions shape today than we have ever been prove upon the stimulus package for that came out of the House bill. since the Great Depression. There is no So if we are to honor what I believe America we are considering here today, end in sight when this housing crisis is is one of the fundamental values of and that is to help the business com- going to end with respect to the decline America—that is to honor our elders, munity of America, make sure that in housing starts that we see. to respect our seniors—then it is im- business community remains in a way The economists out of Moody’s portant for us to make sure we change where it can continue to create jobs for project that housing starts are down 60 the package to include the 20 million the people of this country. percent, at the bottom of this trough, seniors of America. The incentive we have created in this with no end in sight. Who knows how The one thing we do know, from what legislation with the expensing provi- far that will go down? all the economists have told us, is that sions relating to small business, with What we have done, spearheaded by if you put this money into the pockets bonus depreciation for businesses that Senator CONRAD and with the help of of 20 million elder Americans, those 20 expend money on equipment, will help Senator STABENOW and Senator SMITH, million elder Americans are going to keep America strong. Without those is included in this legislation that will spend that money, which means it is businesses creating jobs for America, address the operating loss carryback going to help stimulate our economy. we are going to continue to spiral provisions that apply to the housing So that is one improvement. downward. It is important that we do industry. That economic injection will Are there other improvements that that. help the housing industry continue to could be made to this economic stim- I want to point out one provision re- stay afloat to weather the very trou- ulus package? Well, the fact is there lating to our efforts to try to support bled times ahead. Now, some people are other improvements that can be the business community of America will say: Why are you bailing out the made. A second improvement we made here today, and it has to do with hous- housing industry? Well, we are not in this package that we deliberated and ing. The other day when we heard from bailing out the housing industry, we worked out in the Finance Committee the many economists who have come are trying to keep one of the sectors has to do with our disabled veterans. before the Finance Committee, one that is pivotal to a successful economy We have 250,000 disabled veterans in thing was very clear. One of my col- alive here in the United States of America today; 250,000 disabled vet- leagues, Senator BAUCUS, talked about America. erans. Many of these veterans are vet- how the housing crisis itself was a ca- Across my State, I know how many erans from World War II, some of them nary in the coal mine. It is a signal to people work in the housing industry, from the Korean conflict, some of them us that our economy is in trouble. The from the roofers to the plumbers to from the Korean war, and some of them housing sector of our economy dem- those who put up the drywall. We know are part of the 1.5 million veterans who onstrates that perhaps in a way that how many of them work. There are have served in Operation Iraqi Freedom very few other sectors of the economy 300,000 people in America who are and Operation Enduring Freedom. do. So it is important that we do some- working in the housing industry today. Why should these 250,000 veterans not thing for the housing issues facing our So if the housing industry continues to receive the benefits we are providing country today. go downward, if it continues to spiral

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S634 CONGRESSIONAL RECORD — SENATE February 5, 2008 downward, we are going to see the gress at the start of his Presidency, subprime mortgage scandal is an unbe- bankrupting of one of the most impor- and he said: President Clinton has left lievable scandal with greed in every di- tant industries today. a large budget surplus. Alan Greenspan rection, the brokers making massive This stimulus package does include said he couldn’t even sleep; the surplus amounts of money with fast-talking some legislation that will allow them was so big. He was worried the surplus sales pitches to a lot of folks, putting to take their carryback losses in a was so large it was going to be a prob- them in a new subprime loan at a 2-per- manner that makes sense for them eco- lem. cent interest rate that will reset 3 nomically so that they will not be President Bush saw this projected years later at rates people have no ca- forced into the halls of the bankruptcy surplus, a surplus in the first year of pability of paying; just buy it and flip court. his Presidency and then projected for it in 2 years, and you will make a lot of For a lot of reasons, I believe this the next 10 years. He was so excited, he money. stimulus package which is before us is rushed to the Congress and said: You The mortgage companies that were a solid package. It is very significantly have to help me. We need to get rid of advertising on television were saying: improved from what we were seeing this projected surplus. We need to pro- Hey, get a mortgage from us. If you come over from the House of Rep- vide very big tax cuts. By the way, if have had bankruptcy, no problem. You resentatives. I would hope that the you earn a $1 million a year in income have trouble, you have bad credit, no President of the United States, his or $10 million a year, brace yourself, I problem. Can’t pay your monthly home Cabinet, Secretary Paulson, others, have big things in mind for you. I am bills, no problem. We will give you a Secretary Gutierrez, join us in helping going to give you a very big tax cut. loan. Come to us. Bad credit, come to move this Senate Finance package Some of us said: Mr. President, you us. through to the finish line. said you were a compassionate conserv- You saw the ads. All of us saw those The final point I would make is that ative. Where is the conservative part of ads. Those mortgage companies and though we hope we will get this pack- this? What if something goes wrong? brokers together ratcheted up this age through, we know that our work These are just projections. Let’s wait huge bubble. Then what they did is, here on the economic issues of America and see if these surpluses materialize. when they sold these subprime mort- is not yet done. A second and short- The President said: Don’t worry. Be gages, they cut them up like sausage. term phase, which I believe we should happy. We want to give tax cuts, with Just like meat-packing plants filled undertake here in the next month or the biggest tax cuts to the wealthiest sausage with sawdust for filler, they so, is we need to deal more comprehen- Americans. sliced up these mortgages, sively with the housing issues that face Sure enough, he got that through the collateralized debt obligations—some our country. We need to deal with the House and the Senate—but not with subprime, some decent loans—and 2007 farm bill and get that through con- my support. I did not vote for it. But securitized them and sold them, and ference and get that done to ensure the almost instantly we saw, No. 1, the nobody knew what they had. All of a food and fuel security of America. country move into a recession in 2001. sudden, people can’t pay their house We need to return to that Finance Then we had 9/11 and the devastating payments. Interest rates get reset. Committee-produced package on en- attack by terrorists. Then we had a They have no capability of paying. We ergy that would have fueled the clean war in Afghanistan pursuing Osama bin have substantial bankruptcy, home energy future of America for the 21st Laden and the Taliban. Then we went foreclosures—it is a huge mess. It has century. We need to go to that as soon to war in Iraq and had all of the home- caused a serious drag on the economy. as we get the stimulus package land security issues. All of a sudden, Couple that with this President’s fis- through. I am hopeful that we will be we had all of this extra expense, and we cal policy in which we have a $600 bil- able to move in that direction. had a downturn in the economy. What lion requirement to borrow in this fis- I yield the floor and suggest the ab- had been budget surpluses turned into cal year alone and a $700 billion trade sence of a quorum. very large budget deficits. deficit, $2 billion a year that we import The PRESIDING OFFICER. The The President, oblivious to all of more than we export. That is $1.3 tril- clerk will call the roll. that, said: It doesn’t matter. Things lion in debt this year on a $13 trillion The legislative clerk proceeded to are the same, as far as I am concerned. economy. That is a 10 percent indebted- call the roll. We want more and more tax cuts for ness in 1 year on top of the greed that Mr. DORGAN. I ask unanimous con- upper income Americans. comes from a subprime loan scandal sent that the order for the quorum call So that has been the fiscal policy for and an economy that seems to have be rescinded. 7 years: ignore the obvious, ignore re- come to a dead stop. The PRESIDING OFFICER. Without ality, and just preach the positive mes- Then they say: We need to stimulate objection, it is so ordered. sage and hope everything turns out all the economy. Yes, we probably do. This Mr. DORGAN. Madam President, I right. economy probably needs a lot more have listened with some interest today The fact is, everything has turned than stimulus. We need to hook up to many of my colleagues who have out all right for some. If you are at the some jumper cables to something. come to the floor to speak about what top of the income ladder, you have to The Federal Reserve Board—a board is called a stimulus package. I have be ecstatic. Your share of the assets that has gotten a lot of my attention never quite understood the word ‘‘stim- and wealth of this country has dra- over the years—has taken aggressive ulus’’ as it applies to economics. I did matically increased. But if you are action. They seldom take aggressive teach economics in college at one someone at the bottom of the economic action on anything. They did two cuts, point. I guess the notion of a stimulus ladder, working two jobs, trying to a three-quarters of a percent interest is to excite the economy, to do some- make ends meet for your family, if you rate cut and a half a percent interest thing to expand the economy. are someone who is trying to buy a rate cut. The fact is, that is a bold The fact is, until a couple of months home, somebody who is trying to hang move for the Federal Reserve Board. ago, the President was telling us the on to a job in a plant that the owners Now it is up to Congress to do some- economy was doing really well; we want to move to China in search of 30- thing on the fiscal policy side. But it is have a strong, sound economy. The cent labor, if you are someone who just a step, an important step. Psycho- Secretary of the Treasury was telling works in a company that has now told logically, we must take this step, or us the economy is solid and we are on you times have changed, you no longer markets and others would have an apo- solid ground. Of course, most Ameri- get health care and your retirement plectic seizure. So we write a piece of cans knew better. Now we discover program is gone and if you don’t accept legislation in the Finance Committee, that the economy needs a stimulus. a $2-an-hour decrease, your job is going try to bring it to the floor of the Sen- Let me describe why that is the case, to Shenzhen, China, you are somebody ate, and we have people doing all kinds and a response to some of the discus- who is having a tough time with things of gymnastics on the floor. They say: sion on the floor of the Senate today. in recent years. Well, this is loading up a bill with or- We have had an almost unbelievable 7 Then, all of a sudden, we see the naments and goodies and projects and years. President Bush came to the Con- subprime mortgage scandal. The so on.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S635 I guess they want to avoid the obvi- down in the economy, you must extend are designing and constructing the ous. The obvious difference that exists unemployment insurance benefits. We Ifraz main water supply project, $194 with this stimulus package is very sim- have always done that. Yet those who million. We are doing the Haditha ple. This stimulus bill, coming out of object to what we have passed out of project, the Baladrooz water supply the Finance Committee, is supported the Senate Finance Committee are project; we are building the water sup- by the Democratic chairman and the saying, no, you can’t do that. Don’t ply project at Meshkab. We are design- Republican ranking member. Senators support that. We don’t support giving ing and constructing the water supply BAUCUS and GRASSLEY said this: If you rebates to senior citizens who need it project at Nassriya. The list is long—I are going to stimulate the economy and we don’t support extending unem- could read this for a long while. The and you are going to give $500 rebates, ployment insurance benefits to those water treatment plant in Sadr City, you need to include the 20 million at the bottom of the economic ladder the water treatment plant in Al lower-income senior citizens who would who have lost their jobs. Wathba. not get a rebate under the House- Again, there is no one in this Cham- There is plenty of money, apparently, passed stimulus plan. ber who would have lost their job dur- as long as it is overseas someplace. Folks who work in this Chamber, ing this slowdown. No one in this There is just not enough money to take take a shower in the morning, put on a Chamber is going to go home and say, care of things here at home. It is unbe- blue suit, and come to work, are not, in Honey, today wasn’t a very good day. I lievable to me. most cases, trying to count their pen- was given notice that my job was over. By the way, while I am at it, most of nies to see if they will have enough for It wasn’t my fault. I worked pretty this is done with contract work. We hire contractors. There is the greatest soup and medicine the rest of the week. hard, but I was given notice that I am waste, fraud, and abuse in the history But there are a whole lot of folks, sen- no longer needed. Nobody in this of this country with the hiring of those ior citizens especially, living on fixed Chamber will have to get that message. contractors. I brought this item to the incomes who have an awful time mak- But there are a whole lot of people in floor a number of times—and I want to ing it stretch month to month. I meet this country who have experienced do it again, because I held about 17 a lot of them, especially a lot of older that. hearings on this subject. I ask unani- women living alone in many cases, try- So when we talk about the economic mous consent to show this towel on the ing to figure out: How do I make this stimulus package that came out of the floor of the Senate. income stretch to be able to pay for my Finance Committee, the major dif- This towel was brought to us by medicine and to buy the food and pay ferences are simple and easy to under- Henry Bunting. Henry Bunting was a the rent? stand. We say 20 million senior citizens purchaser in Kuwait for the Halli- I mentioned medicine. Senior citi- cannot be left out of an opportunity for burton Corporation, their subsidiary zens are about 12 percent of the popu- the rebate check. They too will stimu- Kellogg, Brown, & Root. I had a hear- lation. They consume one-third of all late this economy. They especially ing about waste, fraud, and abuse in prescription drugs. One of the fastest need that help. We say when those who contracting which is hair raising: $45 growing elements of health care is the have lost their jobs during an economic for a case of Coca Cola, $7,500 to rent cost of prescription drugs. You can’t do downturn and have run out of unem- an SUV per month. How 50,000 pounds a stimulus package and decide that ployment benefits, that their benefits of nails that were ordered to Iraq and some 20 million senior citizens should should be extended, as we have always they were too short. They are laying in not participate. You are going to give a extended them during an economic the sand now, discarded, because none rebate to the American people to try to downturn. of that matters. Henry Bunting said stimulate the economy, and you are Yesterday, President Bush sent us a Halliburton said: Don’t worry about it. going to say grandpa and grandma new budget, and it reflects much of The taxpayer picks up the tab. He held don’t apply, they don’t count? What what I have described of the priorities up this towel. He said: This is an exam- kind of approach is that? Grandpa and that seem to be completely backwards. ple of everything that is wrong. My job grandma don’t count? We inherit this The President’s priorities are: Let’s was to order towels for the troops, place from them. They were the stew- continue to borrow, borrow, borrow among many other things. He said: I ards of this country of ours. They more money. Let’s decide to cut sub- filled out a requisition to order towels helped build this country. They pro- stantially here at home the invest- for American troops in Iraq, and I or- vided the roots by which we, the ments we should make in this country. dered white towels. He said: My super- branches, have been able to succeed. I spoke to a group about a half an visor at Kellogg, Brown, & Root said, But now we have people in this Cham- hour ago that is very interested in No, no, no, that is not the towel we are ber who say grandpa and grandma rural water investments. All of us who going to order. You are going to order don’t count; millions of senior citizens come from rural States understand the a towel that has KBR embroidered on shouldn’t be a part of this. urgency of getting good water to our the towel, the initials of the con- The difference in the stimulus pack- communities. Rural water systems are tracting company, the Halliburton sub- age being debated is one that is pretty unbelievably important. The President, sidiary. Henry said: Yes, but that is stark: 20 million lower income seniors, as one example in this budget, said: going to quadruple the cost. It is going many of whom need it most, under our Let’s cut funding for the Corps of Engi- to cost four times more to buy a towel proposal would get a rebate check of neers by $851 million. Let’s cut funding like that. His supervisor said: It $500. To some, that doesn’t mean much, for the Bureau of Reclamation by $183 doesn’t matter. This is a cost-plus con- I suppose. There are people around here billion. He said: Let’s cut water fund- tract. The taxpayers are going to pay who lose a cuff link worth $500, I reck- ing for projects that will bring quality for this. This is just a towel. It is a on. But to a lot of people, $500 is very drinking water to people around this towel that costs four times what it significant. We cannot—I emphasize— country in rural areas; let’s cut that by should have cost for the American tax- we cannot pass a stimulus package and about $1 billion. payer. But it is not just a towel; it is a walk out of that door with our heads I say consider this: In the President’s brand new $85,000 truck that has a flat high if we decide 20 million senior citi- budget, he said, let’s cut water project tire, and because it has a flat tire and zens don’t count, that these senior citi- funding in our country—the infrastruc- they cannot fix it on the road because zens won’t be included. ture investment that will bring divi- they didn’t have the right wrench, they There is another issue in this piece of dends for years—let’s cut that by $1 leave it there to be torched; or an legislation that we passed out of the billion. This is from the Special Inspec- $85,000 brand new truck that has a Finance Committee. It is something tor General for Iraq. The Special In- plugged fuel line that is left to be set that for anyone who has studied rudi- spector General for Iraq says, we are on fire. Why? The American taxpayer mentary economics 101. It is one of the now, American taxpayers, funding 967 will pay for all of that. That is not a economic stabilizers in our economy: water projects in the country of Iraq. problem. Nobody will even know, ex- When there is an economic slowdown, We are going to cut $1 billion in water cept I know, and some of my colleagues you extend unemployment benefits. It projects in this country, and we are know. Nobody seems to care, however, is axiomatic that when there is a slow- funding 967 water projects in Iraq. We in the executive branch. Nobody.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S636 CONGRESSIONAL RECORD — SENATE February 5, 2008 When I see what is now coming to us arate water projects we want to fund in when we don’t have anything for him in this budget—it is interesting. When Iraq. We are going to say we can’t build to veto. Maybe he has come to the con- I talk about this issue of a hand towel hospitals in the United States, but we clusion that he doesn’t like the Intel- with the embroidered initials of the will build hospitals in Iraq. We say we ligence Committee-reported bill. But Halliburton subsidiary, Kellogg, Brown don’t have enough money to rehabili- that is where we are. The President has & Root, that cost four times more, but tate the schools in the United States, stated he wants to veto FISA. I guess they said, don’t worry, it doesn’t mat- but we will build the schools in Iraq. he is becoming impatient to become ter, the taxpayers pay for that. We My point is it is long past the time to relevant. I don’t know what to say. don’t care about that. All of this is start taking care of a few things here It is obvious there would be an objec- funded out of these emergency requests at home, and this President’s budget is tion, because we can’t even get some- sent to us by the President. Here is a completely bankrupt budget. This one here to object, so I won’t offer this what he has done. It starts again this President’s budget says the following: because I would like to have one of my year. This President’s budget says he will colleagues here, but I was going to ask In 2002, the President said: We are take our Federal debt from $8.9 trillion unanimous consent to resume consider- going to fight a war, and I want $49 bil- to $12.2 trillion in the next 6 years. ation of the FISA legislation, notwith- lion, and I want it now, and I want it Think of that. That is a complete abdi- standing rule XXII. I was going to spe- declared an emergency, and we are not cation of responsibility. It means we cifically mention amendments my going to pay for it. We are going to put have no leadership. It falls on our folks are willing to offer. The Repub- it on top of the debt. shoulders, it seems to me, to begin licans also have amendments to offer. In 2003, he said: I want $76 billion. I using some modicum of common sense, Senator BOND has a couple. But it is want all of it declared an emergency and we intend to do that. obvious that this is slowdown time, so and we are going to put it on the debt. I have some other things I was going I will not offer the unanimous consent We need that for the war. In 2004, he to visit about today, but I want to wait request unless I hear something from— said: I want $87 billion. We are not because some of my colleagues are on here it is 4:15 in the afternoon, and the going to pay for it. Add it to the debt. the floor. I don’t know whether Sen- only thing we have heard today dealing In 2005: I want $82 billion. In 2006: I ator REID is ready with the unanimous with FISA is the President’s threat to want $92 billion. In 2007, he said: I want consent request, but when he is, I cer- veto something that doesn’t exist. $103 billion. Last year, for fiscal year tainly would want him to do that. I Mr. REID. Mr. President, I ask unan- 2008, he said: I want $193 billion. That is also know my colleague Senator SAND- imous consent that the Senate now re- $16 billion a month, $4 billion a week. ERS from Vermont is on the floor as sume consideration of S. 2248, the FISA He said: I don’t want any of this paid well. legislation, notwithstanding rule XXII, for. I want to add it to the debt, be- I would be happy to wait until after and that the pending amendments be cause I am sending soldiers to war and Senator SANDERS makes a presen- set aside for the purpose of offering they are going to come back and help tation. But I want to make a presen- amendments as follows: Nos. 3912, 3913, pay the bill. Now, that is nearly $700 tation about a couple additional issues 3907, two by Senator FEINGOLD and one billion—nearly three-quarters of a tril- that relates to some of this. by Senators DODD and FEINGOLD; and lion dollars, not a penny of it paid for. At this point let me relinquish the that this would be for debate only— Not a cent. floor, and perhaps I could ask unani- they are on the list, and the unanimous Don’t ever talk to me again about mous consent that after Senator SAND- consent is now before the body—and what is liberal or what is conservative. ERS is finished, I be recognized. that all time count postcloture to the If this is a conservative President, as The PRESIDING OFFICER (Mr. NEL- stimulus package now before us. he claims, saying let’s add almost SON of Nebraska). The majority leader The PRESIDING OFFICER. Is there three-quarters of a trillion dollars to is recognized. objection? Federal indebtedness because we don’t ORDER OF PROCEDURE Mr. MCCONNELL. Mr. President, re- have the courage to ask the American Mr. REID. Mr. President, I tried to be serving the right to object, and I will people to do what we should do, and very patient. I have been waiting for an not object, we had a vigorous discus- that is pay for that which we are pur- hour to have some Republican come to sion at lunch about moving forward on suing in Iraq—on top of this added to the floor so I may offer a unanimous this bill. I think I am safe in saying the debt, the budget we received yes- consent request. I don’t know how that the overwhelming majority of the terday is an almost unbelievable de- much more patient I need to be. The members of the Republican caucus scription of what has gone wrong and unanimous consent simply says we are would like to have been voting today what will continue to go wrong as long doing nothing today; can’t we at least on amendments; nevertheless, that ap- as this administration doesn’t recog- have amendments offered on FISA. I pears not to be possible. So at least we nize the unbelievable danger that was talking with staff, Republican and can debate these three amendments comes from fiscal policy debt and trade Democratic staff. I understood that and get started in that way. I think debt. was something we could do. But now that is a step in the right direction. As I indicated earlier, we are doing a maybe we can’t even do that. Mr. REID. Mr. President, further, stimulus package. I strongly support I have called Senators. I have called other Senators may want to come and that which came out of the Senate Fi- Senator DODD and he is willing to come consult with my friend, the Republican nance Committee. I strongly support here and offer his amendment. Senator leader, to see if there would be oppor- the notion that we must include lower FEINGOLD is willing to come and offer tunities to offer their amendments. income seniors; we must include, for two amendments. Senator WHITEHOUSE Senator BOND has two. Senators WHITE- example, the stabilizers we have al- is willing to come and offer his amend- HOUSE and SPECTER have one. They ways included of extending unemployment. We have people ready to work. agreed to come over. I think Senator ment insurance. All of that is very im- But this is Super Tuesday, and at this FEINSTEIN has an amendment. This portant. When we are finished with late hour—Senator KLOBUCHAR is leav- would be a big help, to get rid of these that, we must say to this President and ing in a few minutes to go back to Min- three today. to the next occupant of the White nesota. They have a primary there to- There is an order before the body House that we have structural prob- night. The same in Illinois. A number that when Senator SANDERS finishes lems that cannot wait. We cannot pos- of other Senators have left. his statement, the Senator from North sibly have a growing, vibrant American But we are willing to debate these Dakota will be recognized. How long economy that expands opportunity for amendments to speed up what we are will he be speaking? the American people unless we put our trying to do. The President came out Mr. DORGAN. I will be no more than fiscal house in order. In terms of prior- today with—it is difficult to com- 10 minutes and probably not that long. ities, we can’t be American leaders and prehend this. He came out with a veto Mr. REID. Would Senator FEINGOLD say: Oh, by the way, let’s cut $1 billion threat on FISA. Now, try that one on be ready then? in water projects in the United States, for size, everybody. The President has Mr. FEINGOLD. Yes. and Katy bar the door, here are 967 sep- issued a veto threat on FISA today Mr. REID. I yield the floor.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S637 The PRESIDING OFFICER. The Sen- system is disintegrating. More and What are people supposed to do next ator from Vermont is recognized. more people lack health insurance. The year under Bush’s budget when the Mr. SANDERS. Mr. President, let me costs are soaring, premiums are going weather gets cold? What do old people concur with Senator REID. The Amer- up, copayments are going up, and who are living on Social Security and ican people want us to begin to get deductibles are going up. The Presi- cannot afford the outrageously high work done for them. It is high time we dent’s response to this crisis is to sav- prices for home heating oil do? Do they did that. agely cut Medicare, Medicaid, rural freeze to death? Do they move in with I also congratulate the Senator from health care programs, and other health their kids? How many blankets do they North Dakota and share his concerns care programs. What logic is there in have to throw on themselves? How do about many of the points he made, not making a bad situation even worse? you treat old people when it gets cold? the least of which, if we are going to But it is not just health care. You don’t slash LIHEAP by $570 mil- spend hundreds and hundreds of bil- I understand that it would be asking lion. That is pretty cruel. lions of dollars on this war in Iraq, that too much for this President to take on At a time when millions of low-in- bill should not be left to our children the insurance companies and take on come seniors are struggling to survive and our grandchildren. We should at the drug companies and move us toon inadequate Social Security benefits, least have the decency to pay for that ward a national health care program, this President, in his budget, wants to ourselves. which every other major country on cut back on nutrition programs for Mr. President, I wish to say a few Earth has. We are the only country in low-income seniors, in addition to cut- words this afternoon about the budget the industrialized world that doesn’t ting back on senior housing. President Bush brought before us yes- guarantee health care to all people. I There is a program which, in terday and tell you I was extremely understand the President is not going Vermont, works very well—the Com- dismayed by what was in that budget to do that, but at the very least, he modity Supplemental Food Program. It and what was not in that budget. should not be adding more people to provides a free package of groceries Frankly, in my view, this budget is un- the rolls of the uninsured. At the very every month to low-income seniors. conscionable, and it reflects priorities least, at a time when we have some People all over the country utilize this that are hard to imagine and are way 17,000 Americans who are dying every program. They need this program. The out of step with what ordinary Ameri- year because they lack health insur- President may not know this, but hun- cans feel and believe. ance, he need not make a terrible situ- ger is on the upsurge in America. In While providing hundreds of billions ation even worse. this great country, more and more fel- of dollars in tax breaks for the wealthi- In the State of Vermont and through- low citizens are going hungry. What we est people in our country—the wealthi- out many parts of our country, we have are seeing is emergency food shelves est three-tenths of 1 percent—over the experienced extremely cold weather not having enough food to feed des- next decade, the President, at the same this winter. There are parts of America perate people all over America. And time, has proposed major cuts in where we have seen 20-below-zero the President’s response to this crisis health care, in low-income heating as- weather. At the same time, the price of is to cut back or eliminate the Com- sistance, in weatherization, in nutri- home heating oil is soaring. In fact, it modity Supplemental Food Program. tion, in housing programs, and in other has more than doubled since President What is the moral justification for basic needs of low- and moderate-in- Bush has been in office. The result is come Americans. That is a set of val- doing that? I don’t know. that the LIHEAP program, Low In- I am a member of the Veterans’ Com- ues which I think reflect badly on the come Home Energy Assistance Pro- mittee, and I am proud that last year, White House and does not reflect the gram, which keeps millions of seniors against opposition from the White values of the American people. In my view, this is a Robin Hood-in- and lower income households warm in House, we substantially increased fund- reverse budget. This is a budget which the winter, is stretched to the breaking ing for the VA and are providing bil- takes from the poor to give to the rich. point. The simple truth is that when lions more so that veterans can gain This is a budget which cuts program- home heating costs soar, either States access to quality care in VA hospitals ming for those most in need and gives will cut back per person or they will and clinics. Despite all of his rhetoric billions of dollars in tax breaks for deny large numbers of people any heat- about how much he loves and respects those least in need. This proposed ing oil at all. That is the reality the the troops, this President, in his budg- budget simply tells us—again, if we States face. et, has proposed a very large increase didn’t need this reminder—just how I understand President Bush has no in health care fees for veterans who ac- out of touch this administration is problem with the fact that his friends cess VA facilities. The increases would with the needs of working Americans. at ExxonMobil have just announced the range from $250 to $750. What is the Let me be very clear. I am a member largest profits in the history of the goal there? It is very clear. The goal is of the Budget Committee, and I intend world for the third consecutive year— to drive veterans—low-income vet- to do everything I can to make sure over $40 billion in profits in 2007. I erans—out of the VA system so the VA that President Bush’s budget is re- know he has no problem with that. I can save money. Thank you very much, jected and that we bring forth in the know he has no great problem with the Mr. President. Senate a new budget that reflects the fact that home heating oil prices are A week ago, the President, in his priorities of the vast majority of the now at over $3.30 a gallon. I know he is State of the Union Address, was telling people in our country and not just the not worried about the fact that a few us how much he loved and respected wealthy few. years ago, the former CEO of the veterans. Now he is raising fees for Most Americans understand that our ExxonMobil, Mr. Raymond, received a VA health care with the explicit goal health care system is disintegrating. $400 million retirement package from of driving veterans out of the VA Everybody knows that. Since President that company. From President Bush’s health care system. That is wrong but, Bush has been in office, 8.5 million perspective and ideology, I suppose frankly, it is consistent with what Americans have lost their health insur- those are good things. President Bush did some years ago ance, 47 million Americans are now un- Despite the President’s lack of con- when he completely eliminated access insured, and the cost of health care is cern about rising fuel costs, it really is to the VA for so-called category 8 vet- soaring. How does President Bush re- beyond comprehension that he would erans, who were too wealthy. These spond to the growing crisis in health slash the LIHEAP program by $570 mil- were veterans who didn’t have service- care? Well, it is an unusual response: lion in his budget—a 22-percent reduc- connected disabilities, were not wound- He slashes funding for Medicare. He tion from last year. Imagine that. The ed, but had incomes of over $27,000 a slashes funds for Medicaid. He cuts cost of home heating oil is soaring, year. They were too wealthy to access rural health care programs. In other LIHEAP is under great strain and it VA health care. words, he is making a bad situation cannot do what it did last year for lack Well, I say to President Bush, at a even worse. of funding, and President Bush’s re- time when tens of thousands of our sol- As I have said, Mr. President, we are sponse is: Let’s cut another half-billion diers have been wounded in Iraq and living in a period where our health care dollars from LIHEAP. Afghanistan, please do not balance

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S638 CONGRESSIONAL RECORD — SENATE February 5, 2008 your budget on the backs of our vet- cern Over Economy is Highest in an enormously wealthy family, a erans. Years.’’ It doesn’t take a genius to fig- multibillion-dollar family, $30 billion Since George W. Bush has been in of- ure that out. People go to the gas in tax breaks and then cut back on the fice, we have seen recordbreaking defi- pump and pay $3.15 for a gallon of gas. needs of millions and millions of low- cits, and our national debt is now $9.2 They go to work and the boss says: income and working families? What trillion—$3 trillion more than when he Sorry, you no longer have health insur- kind of moral values does that speak came into office. ance. Oh, I can’t afford to pay my to? All of us in Congress want to move mortgage; I am losing my house. Oh, We have a lot of work in front of us. this country toward a balanced budget too bad, 3 million Americans lost their We have to completely rewrite Presi- and to make sure our kids and grand- pensions last year. dent Bush’s budget. We need to work children are not left with this enor- In area after area, in almost every hard so the people of our country once mous debt Bush has accumulated. But aspect of middle-class life, people are again begin to have faith in their Gov- there are right ways to move us toward getting hit. Then when they go to the ernment, that they know those of us a balanced budget and there are wrong grocery store and have to use their who are elected are prepared to stand ways to do it and George W. Bush’s credit card to buy their groceries be- with them rather than the millionaires budget moves us exactly in the wrong cause they don’t have the cash avail- and the billionaires and their lobbyists direction. able, they find they are paying 28 per- who have so much power over this in- As many Americans know, since cent in interest rates so Wall Street stitution. President Bush has been in office, the can become wealthier. That is what is We need, for a start, to reject the middle class has been decimated, pov- going on, and that is why the American President’s budget, rewrite that budget erty has increased, and the gap be- people are outraged about what is so it works for ordinary people. We tween the very wealthiest people in our going on in terms of the middle class. need to pass a stimulus package which society and everyone else has grown I have to tell you I find it literally represents the needs of our seniors, our wider. In fact—and we do not talk beyond belief that with poverty in veterans, the middle class, working about this terribly much, although we America increasing, with the middle people. We need to do that now, and we should be talking about it—the United class shrinking and with the wealthiest need to build on that. Not only do we States today has by far the most un- people in our country having it better need to reject the President’s disas- equal distribution of wealth and in- than at any time since the late 1920s— trous budget, but more importantly, come of any major country on Earth. incomes are soaring for millionaires we need to reclaim the faith of the In fact, our distribution of wealth and and billionaires, a huge growth in the American people. Mr. President, I look income is increasingly looking like number of millionaires and billion- forward to working with you to do Mexico, it is looking like Brazil, it is aires—in the middle of all that, what that. looking like those poor developing President Bush is saying is he wants to The PRESIDING OFFICER. The Sen- countries and certainly not looking repeal the estate tax which would pro- ator from North Dakota. like Europe, Scandinavia, Canada or vide $1 trillion in tax relief to whom? PRIVATE DEBT COLLECTION FOR THE IRS other industrialized nations. To the top three-tenths of 1 percent; $1 Mr. DORGAN. Mr. President, I had Mr. President, as you are more than trillion going to the top three-tenths of wished to conclude a couple of com- aware, there are a lot of facts and fig- 1 percent. That is what this budget, ments in morning business, after which ures that are thrown out on the floor of this Robin-Hood-in-reverse budget is I believe the Senator from Wisconsin, the Senate, but let me mention one all about. Mr. FEINGOLD, will want to begin dis- statistic that I hope all Americans will If you are old and you are having a cussing an amendment. I talked about pay attention to and to which I hope difficult time heating your home, the stimulus package and about the my colleagues in the Senate will pay President Bush is going to cut the pro- economy generally. I wished to talk attention. And that is, according to the gram that keeps you warm. If you are about two issues I have been working latest available statistics, the wealthi- low income or a working person in need on that I think need to be resolved. est 300,000 Americans—men, women, of health care, President Bush wants to First, it is almost unbelievable to and children—300,000 take in more in- cut the programs that help you. If you me, but there is a tiny little issue—not come than the bottom 150 million. In are a veteran who has put your life on so tiny perhaps to some—that needs to other words, the upper one-tenth of 1 the line defending this country, the get fixed. This administration decided percent, 300,000, people earn more in- President wants to make it harder for they wanted to farm out the collection come than do the bottom 50 percent. you to access VA health care by sub- of taxes owed to the Federal Govern- One-tenth of 1 percent, 50 percent, stantially increasing your fees. If you ment to private debt collectors. A more income for the top one-tenth of 1 are a low-income person in a home number of us—myself, Senator MUR- percent. In my view, that is not what which lacks insulation and you are RAY, and others—objected strenuously. America is supposed to be about, but spending all kinds of money trying to We tried that before, and it didn’t that is the direction in which we are keep your house warm, the President work. The administration pushed moving. That gap between the people wants to completely cut back and ahead. We passed a funding prohibition on top, a handful of people, and every- eliminate the weatherization program. through the Senate Appropriations body else is getting wider and wider. That is the bad news. But if you are a Committee. The full U.S. House passed For those people who live in the bot- billionaire, if you are one of the a bill saying don’t do this. Nonetheless, tom 90 percent of the population, the wealthiest families in America, in this the Internal Revenue Service and the overwhelming majority of our people, very same budget, the President wants Bush administration pushed and their average income was $33,000 way to give you huge tax breaks. Cutbacks pushed very quickly. So they decided back in 1973 before globalization, be- for those in need; tax breaks for bil- to farm out tax debt collection. fore computers, before a huge increase lionaires. What they did was put taxes that in worker productivity. Thirty-five Let me give one example. If the es- were owed and not paid in the hands of years have come and gone, and today, tate tax is completely repealed, as private debt collectors. Now we have inflation accounted for dollars, that President Bush wants that to take had 1 year of experience with it, and I average income has declined from place, one family, the Walton family, want to share with my colleagues what $33,000 to $29,000. That is a $75-a-week which owns Wal-Mart, which is worth has happened. It is almost breath- pay cut. That is called the collapse of about $82 billion, that one family will taking to hear. the middle class: people working longer receive over $30 billion in tax relief. What has happened at the end of a hours, they are making lower wages. We hear on this Senate floor a lot year is the cost of administering the That is the reality facing tens of mil- about morality, right? We hear a lot program to provide these delinquent lions of our fellow citizens. about values. I want to know what taxes to debt collectors for collection That explains to my mind why in kind of moral values there are when has exceeded the revenue by $50 mil- yesterday’s Washington Post a front there are some people, including the lion. In other words, we have a project page story was headlined: ‘‘U.S. Con- President, who would give one family, where the Internal Revenue Service

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S639 says we are going to take some of these committee that funds all the water and Now, some would say: We are not areas where the taxes haven’t been energy projects in our country. So I talking about a large portion of oil paid, we are going to give them to pri- have a relationship with the Depart- here. Well, no, it is true, we are only vate debt collectors, and we are going ment of Energy. I like the Secretary talking about 12.3 million barrels in and I like some of the people who work the next 6 months—8.4 million barrels to give them a commission for col- for him down at the Department of En- from August to January. Is that a mas- lecting it. So at the end of a year, the ergy. But there is something going on sive quantity of oil? No. But we have IRS lost $50 million. down there that bothers me a lot, and had witnesses testify before the Senate I don’t know how you lose $50 million I intend to talk to the Secretary about Energy Subcommittee and the Home- when you are collecting taxes. That it tomorrow. land Security Permanent Sub- takes some genius apparently. It was At a time when oil is priced at $90 to committee on Investigations that the estimated by the National Taxpayer $100 per barrel and when the Strategic government is taking light sweet Advocate that if the same money, just Petroleum Reserve—that is oil we crude, which is part of a smaller subset over $70 million that was invested in stick underground that is saved for a of more valuable oil, and putting it un- this program, had been invested in hir- rainy day, a national emergency or a derground that has the effect of in- ing the agents at the Internal Revenue time when we desperately need the creasing the price of gasoline. Service, generally based on what they oil—at a time when the Strategic Pe- So I am going to ask the Secretary a calculate, they would have collected troleum Reserve is 97 percent filled, lot about this issue tomorrow when he $1.4 billion. So for this investment, the this administration is taking oil appears before the Senate Energy & IRS could collect $1.4 billion or they through royalty-in-kind payments Natural Resources Committee, and I could lose $50 million. Talk about stag- from producers in the Gulf of Mexico intend to address this in the appropria- and sticking it underground. They are gering gross incompetence. tions process this year so that we can It would be kind of nice to put in the taking oil out of the supply pipeline that should have gone into the supply prevent this from happening further. RECORD the names of every person who At least until the point we have seen was involved in the administration so pipeline, at a time when we have these unbelievable prices for oil, and sticking the price of oil come back down. My they can somehow be recognized in a legislation proposes a prohibition from ‘‘Hall of Shame.’’ How on Earth do you it underground in domes to increase the supply in the Strategic Petroleum filling the Strategic Petroleum Re- lose $50 million at the Internal Rev- serve for 1 year or at least until a time enue Service with a program as goofy Reserve. It is exactly the wrong thing to do at this point in time. It is exactly when the price of oil comes back below as this one? Again, take delinquent $50 a barrel. taxes, give them to private debt collec- what we should not be doing. Again, the Strategic Petroleum Re- tion, and lose $50 million, or take the From August of 2007 to January 2008, serve is nearly 96 percent filled. Why same amount of money and invest it in 8.4 million barrels of oil were taken out IRS collection and collect $1.4 billion. of the supply. That is oil that was would we put upward pressure on gas given as a payment in kind for the roy- prices? Because the Federal Govern- What is the choice? The President’s ment has decided to do things that people said the choice is to give it to alties our Government was owed. In- stead of taking that and putting it into would put upward pressure on gas the private collection agencies because prices by putting oil underground at a we like to privatize everything, and the supply, using the money to reduce the Federal debt and having the oil in time when we have hundred-dollar-per- they end up losing $50 million. That is barrel oil. It defies common sense. You unbelievable. the supply pipeline, the Dept. Of En- ergy stuck it underground. So at near- couldn’t find two people in Mike’s Bar We are going to try once again this ly a hundred dollars per barrel, we are in Regent, ND, to make a judgment year—and I think we will succeed—to putting oil underground, which tends like that after they have been there a shut this program down. Aside from to price gasoline at a much higher rate couple hours. Just common sense losing $50 million, we have had experi- because you are diminishing supply at would tell you this makes no sense and ence with this program before. It was a time when that is the last thing we we ought to stop it, and I intend to tried before. It was a miserable failure should do. visit about this at some length with when it was tried previously. We have the Secretary tomorrow when he comes examples of what happens when private Now, the strategic petroleum reserve is filled with about 700 million barrels before the Senate Energy Committee. debt collectors get ahold of these Mr. President, I yield the floor. things. First of all, you have very sen- of oil. The administration’s approach sitive information about people’s lives, is: Well, let’s top it off. Let’s fill it to f 727 million barrels of oil. The adminis- the financial information on tax re- FISA AMENDMENTS ACT OF 2007 turns. There are criminal penalties for tration just awarded three companies contracts—Shell, Sunoco Logistics, The PRESIDING OFFICER (Mr. dealing with that information. You are CASEY ). Under the previous order, the going to farm that out. They say: We and B.P. North America—to place an additional 12.3 million barrels of roy- Senate will resume consideration of S. will farm it out, but we will protect the 2248, which the clerk will report by information. alty-in-kind oil into the Strategic Pe- troleum Reserve for the next 6 months. title. It makes no sense at all to have been So that means another 12 million bar- The assistant legislative clerk read through this and then to farm it out to rels will be taken out of supply and as follows: a private debt collection agency and stuck underground. find one elderly couple who gets 150 A bill (S. 2248) to amend the Foreign Intel- I mean, can anybody think of some- ligence Surveillance Act of 1978, to mod- telephone calls over 27 day from a col- ernize and streamline the provisions of that lection agency. It turns out they were thing that makes less sense at a time when $100 or $90 or $80 a barrel of oil Act, and for other purposes. not the taxpayers who were being Pending: called but, nonetheless, their phone exists? People are driving to the gas pump and having to consider a mort- Rockefeller/Bond amendment No. 3911, in rang 150 times. That is the kind of the nature of a substitute. thing that goes on and shouldn’t, in ad- gage to fill their tank. Can’t anybody think of something that we should Whitehouse amendment No. 3920 (to dition to the incompetence of losing $50 amendment No. 3911), to provide procedures million. rather do than take oil out of the supply pipeline and stick it underground? for compliance reviews. Senator MURRAY, myself, and many It makes no sense to me at all. Feingold amendment No. 3979 (to amend- others are going to fix this problem. It ment No. 3911), to provide safeguards for is important the American people un- So I am going to propose legislation communications involving persons inside the derstand what happened, and someone that says no more for filling the stra- United States. needs to be accountable for it. tegic petroleum reserve for the next Cardin amendment No. 3930 (to amendment year, unless oil drops below $50 a bar- No. 3911), to modify the sunset provision. STRATEGIC PETROLEUM RESERVE rel. Let’s take that royalty-in-kind oil Feingold/Dodd amendment No. 3915 (to I wish to mention one additional and put it in the supply pipeline and amendment No. 3911), to place flexible limits point because tomorrow Secretary make sure it contributes to an increas- on the use of information obtained using un- Bodman is coming to Capitol Hill. He is ing supply and, therefore, lower prices lawful procedures. the Secretary of Energy. I have great for gasoline. Instead, the administra- The PRESIDING OFFICER. The Sen- respect for Secretary Bodman. I work tion is intent on taking that oil and ator from Wisconsin. closely with the Department of Energy. sticking it underground. That will have Mr. FEINGOLD. Mr. President, I ask I chair the appropriations sub- the impetus of pushing gas prices up. unanimous consent that the pending

VerDate Aug 31 2005 00:45 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4637 Sfmt 8472 E:\RECORD08\RECFILES\S05FE8.REC S05FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S640 CONGRESSIONAL RECORD — SENATE February 5, 2008 amendment be set aside so that I may needs an individualized court order seas and a U.S. communicant became of for- call up an amendment. when a significant purpose of the sur- eign intelligence interest? How many cases The PRESIDING OFFICER. Without veillance is to acquire communications have there been where the target remains objection, it is so ordered. of a person inside the United States. the foreigner overseas and there have been multiple communications between that tar- AMENDMENT NO. 3913 TO AMENDMENT NO. 3911 Now, this language is critical if we are get and a person in the United States such Mr. FEINGOLD. Mr. President, I call to protect the constitutional rights of that NSA considered whether to obtain a up amendment No. 3913. Americans because the underlying bill FISA order to conduct electronic surveil- The PRESIDING OFFICER. The merely requires a court order if the lance against the person in the United clerk will report. purpose of the acquisition is to target States? This is difficult to answer because The assistant legislative clerk read the American. NSA routinely provides information to the as follows: A member of the Intelligence Com- FBI and it decides whether to follow up by mittee, the Senator from Georgia, has getting a FISA order to conduct electronic The Senator from Wisconsin [Mr. FEIN- surveillance in the United States. For exam- GOLD], for himself, Mr. MENENDEZ, and Mr. said the underlying bill only prohibits ple, if an analyst reviews an intercept and DODD, proposes an amendment numbered surveillance when the Government is finds evidence that a party to the commu- 3913. targeting a foreigner solely—solely—to nication (not the target of the surveillance) Mr. FEINGOLD. Mr. President, I ask listen to the American with whom that is a U.S. person, he would go through his for- unanimous consent that the reading be foreigner is communicating. Now, what eign intelligence calculus. That is, he deter- dispensed with. does this mean? That means if the Gov- mines whether the communication contains The PRESIDING OFFICER. Without ernment has any passing interest at all foreign intelligence. If he determines that it objection, it is so ordered. in the foreigner being wiretapped, it does contain foreign intelligence, he would disseminate a foreign intelligence report. The amendment is as follows: could intentionally conduct ongoing, The report would mask the U.S. person’s (Purpose: To prohibit reverse targeting and long-term surveillance of an American identity as ‘‘U.S. person’’ under NSA’s mini- protect the rights of Americans who are inside the United States without a war- mization procedures. Upon receipt, a cus- communicating with people abroad) rant. Now, the DNI says that would be tomer (here probably the FBI) would likely On page 6, line 6, strike ‘‘the purpose’’ and unconstitutional, but it appears to be request that person’s identity. Under NSA’s all that follows through line 9 and insert the permissible under the current bill. minimization procedures, NSA would provide following: ‘‘a significant purpose of such ac- Recently declassified exchanges be- it if the requester demonstrates that the requisition is to acquire the communications tween the administration and congres- quest is within the scope of its mission and knowing the U.S. person’s identity is nec- of a particular, known person reasonably be- sional intelligence committees dem- lieved to be located in the United States, ex- essary to understand or assess the foreign in- cept in accordance with title I;’’. onstrate why the issue of reverse tar- telligence in the report. In this case, the FBI On page 7, line 7, strike ‘‘United States.’’ geting is a very real problem. would likely meet that test and, upon re- and insert the following: ‘‘United States, and According to the administration, ‘‘if ceipt of the identity, can decide whether or that an application is filed under title I, if valid collection of the foreign intel- not to follow up. NSA surveillance against otherwise required, when a significant pur- ligence target indicates that the person the foreign target would continue. pose of an acquisition authorized under sub- in the United States is of intelligence Mr. FEINGOLD. Mr. President, this section (a) is to acquire the communications interest,’’ NSA would disseminate an confirms that when the Government of a particular, known person reasonably be- intelligence report to the FBI, which lieved to be located in the United States.’’. has an interest in an American, it is On page 9, between lines 9 and 10, insert can request the identity of that person entirely up to the discretion of the FBI the following: and ‘‘which could’’—I repeat, could— to decide whether the Government will ‘‘(iii) the procedures referred to in clause ‘‘seek a FISA court order to conduct seek a warrant to listen to that Ameri- (i) require that an application is filed under electronic surveillance in the United can’s communications. But the FBI title I, if otherwise required, when a signifi- States.’’ may not seek a warrant for any num- cant purpose of an acquisition authorized Mr. President, I ask unanimous con- ber of reasons, including lack of re- under subsection (a) is to acquire the com- sent to have printed in the RECORD the munications of a particular, known person sources, insufficient coordination with declassified documents to which I am other elements of the Government, or reasonably believed to be located in the referring. United States; simple incompetence. A recent Justice On page 17, line 2, strike ‘‘United States.’’ There being no objection, the mate- Department inspector general report and insert the following: ‘‘United States, and rial was ordered to be printed in the finding that the FBI’s court-approved are reasonably designed to ensure that an RECORD, as follows: surveillance was disrupted because the application is filed under title I, if otherwise When NSA is acquiring the communica- Bureau failed to pay the telecommuni- required, when a significant purpose of an tions of a person in the United States during cations company on time should give acquisition authorized under subsection (a) its targeting of a foreigner overseas, is it us cause for concern. is to acquire the communications of a par- reasonable to impose a time limit on NSA’s ticular, known person reasonably believed to determinations of whether to target the per- In this case, this amendment would be located in the United States.’’. son in the United States or drop that indi- actually help us to stop terrorists by Mr. FEINGOLD. Mr. President, this vidual? It is not reasonable to impose time requiring that when a foreign terrorist amendment, approved by the Senate limits on NSA’s targeting determinations in talks to a person in the United States Judiciary Committee, assures the new this manner. If frequent contacts occur be- and that communication prompts a sig- tween the foreign target overseas and a per- authorities contained in this bill will nificant interest in the American, it son in the United States and if there is no can’t just plain fall through the cracks. not be used to engage in what is known foreign intelligence to be obtained, analysts as ‘‘reverse targeting of Americans.’’ will———such that the interception of the Now, of course, the FBI might also FISA requires the Government to get a communications of the person in the United choose not to seek a warrant because it court order when it is listening in on States when targeting the foreigner overseas doesn’t have a real case against the Americans on American soil. Reverse will not occur. If valid collection of the for- American or because the Government targeting refers to the possibility that eign intelligence target indicates that the doesn’t want to tell the FISA Court the the Government will try to get around person in the United States is of intelligence real reason it is interested in that interest, NSA would disseminate an intel- this requirement by using these new ligence report with the identity masked to American. So if the FBI doesn’t seek a authorities to wiretap someone over- the FBI, which could seek a FISA Court court order, can the NSA just listen in seas when what the Government really order to conduct electronic surveillance in indefinitely to the communications of wants to do is listen to the American the United States. If valid foreign intel- Americans so long as they are commu- with whom that foreign person is com- ligence is expected to be obtained by tar- nicating with a person overseas? I am municating. geting the foreign selector, any incidentally afraid to say, Mr. President, the an- The Director of National Intelligence collected information about the person in swer appears to be yes. According to has testified that reverse targeting is a the United States would be handled in ac- the administration, the FBI, upon re- cordance with NSA’s minimization proce- violation of the fourth amendment. dures. ceipt of the identity of the American, This amendment merely codifies that How many times has NSA obtained a FISA ‘‘can decide whether or not to follow constitutional principle. Specifically, order to target a person in the United States up. NSA surveillance against the for- the amendment says the Government where the initial target was a foreigner over- eign target would continue.’’

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S641 The Government’s apparent author- set aside so that I may call up another offend anyone who has ever commu- ity to continue indefinitely its surveil- amendment. nicated with friends, family, or profes- lance of the international communica- The PRESIDING OFFICER. Without sional associates in other countries. It tions of Americans is not limited to objection, it is so ordered. raises serious constitutional questions. terrorism cases where the Government AMENDMENT NO. 3912 TO AMENDMENT NO. 3911 It would completely overwhelm the al- should at least have an incentive to Mr. FEINGOLD. Mr. President, I call ready inadequate minimization proce- seek warrants against an American. It up amendment No. 3912. dures that are the only bump in the applies to all foreign intelligence. That The PRESIDING OFFICER. The road to completely uncontrolled dis- includes the communications of an clerk will report. semination of information about Amer- American who is talking to a person The assistant legislative clerk read icans. And there would be no court overseas who is not a terrorist suspect, as follows: oversight whatsoever. is not suspected of any wrongdoing, The Senator from Wisconsin [Mr. FEIN- Bulk collection poses yet another se- and is not even an agent of a foreign GOLD], for himself, and Mr. DODD, proposes rious constitutional danger. By col- power. Yet, no matter how interested an amendment numbered 3912. lecting all international communica- the Government is in what that inno- The amendment is as follows: tions, the Government would be col- cent American has to say, if the FBI (Purpose: To modify the requirements for lecting communications between doesn’t think it is worth its while to certifications made prior to the initiation Americans overseas and their friends seek a court order or if the FBI knows of certain acquisitions) and family back home. it couldn’t get the order, the surveil- On page 10 between lines 5 and 6, insert the Senators WYDEN and, WHITEHOUSE lance continues nonetheless. following: and I have fought hard to ensure that This raises serious constitutional ‘‘(vii) the acquisition of the contents (as Americans overseas cannot be inten- concerns, which is why the Rocke- that term is defined in section 2510(8) of title tionally targeted without a warrant, feller-Levin bill, the alternative to the 18, United States Code)) of any communica- Protect America Act that the Senate tion is limited to communications to which but bulk collection is a backdoor way considered back in August, required any party is an individual target (which to conduct the same warrantless wire- procedures to seek a court order if shall not be limited to known or named indi- tapping. Imagine the number of Ameri- viduals) who is reasonably believed to be lo- cans’ communications, not with for- electronic surveillance was ‘‘of the na- cated outside of the United States, and a sig- ture or quantity as to infringe on the eigners but with other Americans— nificant purpose of the acquisition of the with other Americans, Mr. President— reasonable expectations of privacy of communications of the target is to obtain persons within the United States.’’ foreign intelligence information; and that would be acquired by the Govern- ment through bulk collection of, say, Yet, in a recently released letter, the Mr. FEINGOLD. Mr. President, this communications between the United DNI complained about this require- amendment ensures that in imple- States and Britain. That means Ameri- ment, saying it would take months to menting the new authorities provided cans studying and working abroad, make this determination, that they in this bill, the Government is acquir- tourists passing through, and even U.S. couldn’t determine in advance what ing the communications of targets in troops stationed there. such a procedure would say. In other whom it has some foreign intelligence Nothing—nothing—would prevent words, even as the administration interest and is not conducting bulk col- their communications from being col- sought and obtained broad new au- lection of all communications between lected and retained, and nothing would thorities to collect communications of the United States and overseas. This prevent those communications from Americans, the administration refused amendment was also approved by the being disseminated so long as the Gov- to even consider when it might be vio- Judiciary Committee. ernment decided there was foreign in- lating the Constitution. This amendment is necessary because telligence value. If the administration can’t assure us of the vast and overbroad authorities that they respect the Constitution, provided by the PAA and this bill. In I ask my colleagues: At what point Congress needs to step in. For all their public testimony, the DNI stated that do we draw the line? At what point promises that reverse targeting is not the PAA would authorize the bulk col- does the Constitution mean something? occurring, the record is clear there is lection of all communications between I am sure some of my colleagues will nothing to stop it, and the administra- the United States and overseas. Now, say we should trust the Government tion has resisted establishing proce- that could cover every communication not to do this, not to abuse this. Yet dures to protect the rights of Ameri- between Americans inside the United the DNI has testified that while bulk cans. At the same time, it has sought States and Europe or South America or collection is not needed: to remove the FISA Court’s ability to the entire world. It could also include a It would certainly be desirable, if it was protect those rights. communication between Americans physically possible to do so. This bill denies the FISA Court any overseas and their family and friends This is not a short-term piece of leg- role whatsoever in determining or islation. It is not reassuring that the monitoring why a person overseas has back home. This bill is understood to allow the intelligence community cannot cur- been wiretapped, which, of course, warrantless targeting of a terrorist rently collect all international commu- would help indicate whether the Gov- suspect overseas even when that person nication. This bill does not sunset for ernment is conducting reverse tar- is communicating with an American at years. What is technically possible in geting of an American. The bill denies this area changes rapidly. Given the the court the ability to monitor what home. The bill does not simply apply to potential impact on the privacy and becomes of the communications of terrorist suspects, however. It permits constitutional rights of Americans Americans that are collected. warrantless collection of communica- Mr. President, it is clear this admin- tions between law-abiding Americans posed by bulk collection, Congress istration won’t protect the constitu- and people overseas who are not sus- needs to act now. The DNI has put us tional rights of Americans, and unfor- pected of doing anything wrong at all. on notice that bulk collection is both tunately, in the PAA, Congress passed That is a problem that needs to be ad- authorized and, in his words, desirable. legislation denying the courts any dressed. But this bill does not just Legislative silence on this issue is con- oversight role. It is critical Congress allow the targeting of conversations of sent. This body must take a position act to remedy this great problem. We people who are not suspected of any on this issue. Should the Government have a unique opportunity to protect wrongdoing; this bill actually allows be able to sweep up all international the Constitution and stop abuses before the Government to capture all inter- communications involving Americans they happen. I hope my colleagues will national communications to or from at home and abroad? We cannot avoid support this amendment. the United States in bulk, for no good that question. The bill, combined with Mr. President, it appears there is no reason. I think it is safe to say no one the DNI’s comments, places it squarely opposition to it, but nonetheless I will in this country expects that all of their before us. retain the remainder of my time. international communications can be The amendment I have offered here is Mr. President, I ask unanimous con- collected by the Government. That extremely modest. It merely requires sent that the pending amendment be kind of communications dragnet would the Government to certify to the court

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S642 CONGRESSIONAL RECORD — SENATE February 5, 2008 that in using these broad new authori- cannot have it both ways. He cannot all intended recipients are known to be ties to conduct warrantless surveil- complain that people believe the Gov- in the United States. That has to be lance, it is collecting the communica- ernment is doing things it is not doing, with a FISA Court order if you are tar- tions of foreign targets from whom it and then oppose amendments to the geting somebody in the United States. expects to obtain foreign intelligence law that would prohibit the Govern- This is an explicit, bright-line prohibi- information. The Government does not ment from doing those very same tion against reverse targeting in the have to explain its foreign intelligence things, especially when he has also said current bill. If one would look at page interests to the Court; it does not even that bulk collection would be ‘‘desir- 6 of the statute, section 703(b)(2), I will have to identify its target. It merely able’’ if it were physically possible. read it for you. It says: has to say that an interest exists, and Finally, my amendment would help An acquisition authorized under subsection the court cannot challenge this certifi- resolve a serious constitutional ques- (a) may not intentionally target a person cation. Because this amendment is so tion surrounding this bill. When Amer- reasonably believed to be located outside the modest, opponents have raised an ab- icans are on the line, the constitu- United States if the purpose of such acquisi- surd hypothetical argument against it, tionality of the surveillance depends in tion is to target a particular known person and this is what it is: that it would part on how it is conducted. Bulk col- reasonably believed to be in the United States except in accordance with title I or somehow prevent the collection of lection of millions of Americans’ com- title III. communications into or out of an munications of which the Government It does not get much clearer than enemy-occupied city that the U.S. has no interest in the person on the that. So if the purpose in targeting military is about to invade. other end of the line could very well be This argument is plain silly. My unreasonable under the fourth amend- someone outside the United States is amendment requires that there be a ment. We can eliminate this particular actually to target a person inside the foreign intelligence purpose for collec- constitutional problem with the adop- United States, you cannot use the au- tion. This hypothetical posited by option of this very modest amendment. thorities under this bill. It is clear. ponents of the amendment—and all in- I challenge anyone who opposes this That is what the DNI stated his pur- dividuals in a city our troops are about amendment to stand up on this floor pose was; that is what the bill provides. to invade would clearly have foreign and explain to the American people You have to get a FISA Court order if intelligence value. That is what distin- why the Government should have the you are targeting somebody. You can- guished this case, in which the Govern- authority to engage in bulk collection not do it by the back door. ment can easily make the certification of their private communications. Let’s Now, I heard yesterday some far-out required by the amendment and, on the tell the American people the truth for explanations that a family whose child other hand, the bulk collection of all once. Do not rely on hypothetical, un- goes overseas to go to school, we would communications between, say, the intended consequences that are easily be listening in on those conversations. United States and Europe. answered. Explain why this very mod- That is absolutely nonsense. If that is The reason absurd scenarios such as est protection of the privacy of our a United States person, we could not this have been raised as ‘‘unforeseen citizens cannot be granted. even target that United States person consequences’’ is that opponents of this I believe this amendment brings this abroad, and we certainly do not target amendment do not want to address the bill into line with its actual intent. It someone in the United States without consequences of not passing it, the con- gives Congress a say in how far these a court order. We have provisions to as- sequences of the Government col- vast new authorities will be taken, and sure that the United States person who lecting all communications between it protects the civil liberties of Ameri- goes overseas cannot be targeted with- the United States and Canada or Eu- cans. out an application to the FISA Court. rope or South America, the con- I urge my colleagues to support it. Quite simply put, that does not hap- sequences of millions of innocent I yield the floor and I reserve the re- pen. Americans’ communications being col- mainder of my time. Now, if somebody is calling a sus- lected, the consequences of already in- The PRESIDING OFFICER (Mr. pected terrorist overseas, one on whom adequate minimization procedures SALAZAR.) The Senator from Missouri. we have initiated collection because of being overwhelmed by the collection. Mr. BOND. Mr. President, I am sorry intelligence sources certified by the These are not even unforeseen con- I was not here for all of my colleague’s Attorney General and the Director of sequences. The DNI testified that if descriptions of his two amendments. National Intelligence, this person has this were physically possible, bulk col- But let me make one thing clear. What significant terrorist information, sig- lection would certainly be desirable. he is laying out is a scenario that does nificant intelligence information, for- The DNI envisions a country where the not exist. He is raising all kinds of con- eign intelligence information, if one Government, if it were technologically cerns that are dealt with in the under- were to call that number, then it is feasible, would listen in on every inter- lying bill. They are dealt with by the possible, it is likely, and we would ex- national phone call made by its citi- Constitution of the United States. pect that they would find out what is zens and read every international e- They were dealt with by the Protect in that call. mail. That is a police state, not the America Act. If it is an innocent call, if it has United States of America. I can assure the American public nothing to do with terrorist activity, it This amendment will help put to rest that we are not collecting all of the is immediately suppressed; ‘‘mini- another concern that has been ex- communications they send overseas mized’’ is the term. They do not even pressed about this legislation. In Au- and reading them and listening to record the name of the United States gust, after the enactment of the PAA, them and using them in some way that person. the DNI stated: violates the fourth amendment or the But when calls come from outside the Now, there is a sense that we are doing provisions of these two measures. United States into the United States massive data mining. In fact, what we are Before we actually have a vote on from a person, a known terrorist doing is surgical. A telephone number is sur- these measures, we will talk about abroad, or when they initiate the call, gical. So if you know what the number is, them more in detail. I think he raised someone from the United States does, you can select it out. the reverse targeting amendment first. then what we must do is find out if And the DNI then added: Let me be clear and explain that you they are talking about planned ter- We have got a lot of territory to make up cannot target a person inside the rorist activity in the United States. with people believing that we are doing United States without a court order. That is the most important collection things that we are not doing. All acquisitions must comply with the we can make. We have lots of impor- The best way to assure Americans fourth amendment. tant information targeting foreign ter- that the Government is not doing mas- Last week we agreed to an amend- rorists, suspected terrorists, foreign in- sive data mining of their international ment offered by Senator KENNEDY telligence targets overseas that is use- communications is not to authorize the which ensures that the authorities in ful to our allies in protecting their massive collection of their inter- this bill will not be used to acquire countries. There are lots of instances national communications. The DNI communications where the sender and where we have done that or when they

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S643 are—and that does not require mini- ‘‘could have serious consequences on desirable. He would love to do it. Yet mization, and it should not. But the in- our ability to collect necessary foreign the Senator will not permit a simple formation that is used is only that in- intelligence information, including in- amendment that says that something formation which applies to a direct formation vital to conducting military that the DNI has also said is not actu- threat, a terrorist threat, or other sig- operations abroad and protecting the ally needed but would raise serious nificant foreign intelligence value. If a lives of our servicemembers, and it is constitutional problems, should be pro- United States person is involved in unacceptable.’’ I agree with them be- hibited. that, if there is an involvement of the cause I have had the opportunity to This is an amazing moment. Instead terror plot in the United States or else- learn how the system operates. My col- of legislating, we are supposed to trust. where, then that information would be league from Wisconsin has. I believe it With regard to all of our international accepted, and if it is necessary to col- is very clear from the information we communication, we are supposed to lect further against that American cit- have received and the knowledge we simply trust one Senator’s assurance izen or United States person, then they have about it that the evils which he that there is nothing to worry about. I have to go through the normal proce- purports to address are evils that do suggest the American people deserve dure. Probably the FBI would get their not exist. I strongly urge my col- better than that. normal search warrant and go after leagues to oppose both amendments. To show the complete lack of content that person and determine what role, if I reserve my time. to these arguments, I addressed what any, he or she has in carrying out ter- The PRESIDING OFFICER. The Sen- the Senator, who was not out here at rorist activity. So in addition to the ator from Wisconsin. the time, has called the Fallujah exam- bright-line test, there is clear over- Mr. FEINGOLD. It is sort of odd that ple. He keeps saying that under this sight authority. There is oversight ex- we are debating these two amendments provision, you couldn’t get information ercised by the supervisors at NSA, by together. But there is one advantage. about what was going on in Fallujah the inspector general, by the Depart- Under our system of government, the when we were attacking al-Qaida and ment of Justice, whose lawyers oversee way we make sure that abuses don’t others there. That is absolutely false. I it, and by our Intelligence Committee occur is by passing laws to make it ab- laid it out. As long as the Government to make sure that the prohibitions on solutely clear that abuses aren’t occur- says there is a foreign intelligence information purpose, of course they can reverse targeting are being observed. ring and can’t occur. We are supposed If this proposal were to be accepted, to accept the say-so of one Senator do it. If there is a terrorist hotbed, the uncertainty, the operational uncer- who says we are not doing these things. they can do it. They just have to assert tainty of determining what a purpose We are not conducting bulk collection. that. This argument that somehow this is in reverse targeting would make this We are not doing reverse targeting so would interfere with that collection an impossible situation for an analyst don’t worry. Yet he resists two amend- flies directly in the face of the bill and to observe and to make that deter- ments that simply make it clear you the amendment. There is no truth to mination. There is a clear prohibition can’t do these things. What is the ob- that argument at all. The amendment is absolutely clear in cases of conflict, against reverse targeting. jection on the merits to these two The other amendment which he amendments? They would apply to an where the government merely needs to brought up, 3912, is on bulk collection. administration that initiated an illegal assert that it has a foreign intelligence The bipartisan Intelligence bill con- wiretapping program in disregard of purpose for conducting surveillance in tains numerous provisions to ensure the statutes. We have reason to believe that area. In that situation, the pur- that acquisitions targeting foreign ter- that maybe they would do things we pose is clear. Because of the floor situation, the ar- rorists overseas—that is foreign terror- don’t know about and don’t like and guments related to these two amend- ists overseas—comply with the fourth don’t think are legal, but we are sup- ments have merged, but it sort of amendment and follow court-approved posed to simply take the word of one works in a way because both of them targeting. It gives clear protection, as Senator instead of passing a law to are such straightforward, simple pro- I said earlier, against reverse tar- clearly protect the American people. With regard to reverse targeting, the tections that a majority of the Judici- geting. ary Committee agreed had to be in- The amendment that has been pro- Senator asserts that somehow having a cluded in this bill to protect the rights posed under 3912 has some very nega- provision that says ‘‘the’’ purpose would have to be targeting an Amer- of the American people. tive consequences for protecting our I reserve the remainder of my time. troops abroad. This amendment, for ex- ican before a court order is required is The PRESIDING OFFICER. The Sen- ample, would prevent the intelligence going to protect us. But that doesn’t ator from Missouri. community from targeting a particular protect us. That language would mean Mr. BOND. Mr. President, there are group of buildings or geographic area that any incidental reason for tar- quite a few things I disagree with that where, for example, terrorist activity geting a foreign person when the gov- my colleague from Wisconsin has is known to be occurring, and pre- ernment wants to listen to the Amer- brought up. No. 1, he said the adminis- venting them from collecting signals ican would be a sufficient basis for on- tration instituted an illegal wire- intelligence prior to operations by our going warrantless surveillance of the tapping program. That is not true. Armed Forces. American. In fact, the Senator from That is wrong. I reviewed the docu- If there is an area which has signifi- Georgia has indicated that what this ments on which they based it—article cant terrorist activity, to say we can- means is that the sole purpose of the II, and the authorization for use of not collect all of the communications collection would have to be to obtain military force. That was not an illegal coming out of that area to identify who information on the American before a effort. But that is a debate for another the terrorists might be, whether there court order is required. If that is true, time. The administration did advise are innocent persons involved before then it would be very easy for the gov- the leaders of Congress what they were our military goes in, does not make ernment to bootstrap any incidental going to do. The big eight were advised, any sense, because if we send our mili- interest in a foreign target so that and they did not deem any legislation tary in, they are going in and probably they can listen in on an American. advisable at the time. going to be using significant lethal The DNI has said that reverse tar- Secondly, he gives me too much cred- force. Had this bulk collection provi- geting is unconstitutional. What is the it in saying it is only the word of one sion been in place, it would have pre- legitimate objection to making it abso- Senator that his amendments are un- vented our troops from conducting sur- lutely clear that this can’t be done in workable and unnecessary. This was veillance in Fallujah, for example, this statute? There is no substantive brought up and debated in the Intel- prior to their military operations. objection. The same thing goes for bulk ligence Committee. We spend our time The details on this are classified. We collection. Again, one Senator assures overseeing intelligence collection. It can provide more information in a se- the American people that the govern- was not adopted there. It was with- cure setting. But this amendment, ac- ment is not doing bulk collection. That drawn. cording to the Director of National In- might be right. We may not be doing it If my colleague has any evidence telligence and the Attorney General, now. But the DNI has said it would be that there are any violations in reverse

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S644 CONGRESSIONAL RECORD — SENATE February 5, 2008 targeting or bulk collection of the be a little concerned and to make sure guage in the bill out of the Intelligence fourth amendment of the Constitution it is clearly prohibited? Committee that would provide for ret- or other violation of privacy rights, I reserve the remainder of my time. roactive immunity to the telecom in- then I suggest he bring them up in our The PRESIDING OFFICER. The Sen- dustry. It has been debated at length. Intelligence Committee in closed ses- ator from Connecticut. This amendment strikes that language sion where we can debate all the activi- AMENDMENT NO. 3907 in the bill, conforms it to what has ties that are going on. I assume he has Mr. DODD. Mr. President, I want to been adopted by the other body in its been out to NSA to see how it operates. inquire as to how we are to proceed. I legislation dealing with the Foreign In- He has been in and had the opportunity was asked to offer my amendment on telligence Surveillance Act suggestions to question leaders of the intelligence behalf of myself and Senator FEINGOLD and recommendations, and conforms it community. He says there is a total regarding striking the language deal- to what has been included in the Sen- lack of substance. I have to say there is ing with immunity in the bill. I don’t ate Judiciary Committee bill. So while a total lack of substance to the allega- want to interrupt the debate. I don’t there have been three different com- tions he makes. There are legitimate know how we ought to proceed. Is this mittees that have reported their sug- concerns which we address in this bill debate concluded? I will check with the gestions to the Congress on this issue, by specifically prohibiting reverse tar- author. the committees in the House of Rep- geting. It is specifically prohibited in Mr. President, I ask unanimous con- resentatives and one committee here this bill. I have to say the people who sent to set aside the pending amend- have reached different conclusions run the program are the ones who have ment so I may offer the Dodd-Feingold than that of the Intelligence Com- told us the additional bells and whis- amendment dealing with retroactive mittee, where they have recommended tles he wants to put on for no reason or immunity. that retroactive immunity be granted even reasonable prospect of violations The PRESIDING OFFICER. Without to the telecom industry for having would make it impossible to carry out objection, it is so ordered. kept over the last 5 years sort of a vac- the business of collection on foreign Mr. DODD. Let me inform my col- uum-cleaner approach to telephone terrorists with potential activities in leagues that what I intend to do is not conversations, faxes, e-mails that have the United States. to speak at length. I know under the been engaged in by Americans across Again, there will be others who will previous time agreement, there are 2 the board. discuss this. But it is not the word of hours allocated to this amendment. My This goes back immediately to after one Senator. It is the word of a major- intention this evening is to use prob- 9/11. As I said, had this been a tem- ity of the Intelligence Committee, and ably 10 or 15 minutes of debate on this porary deviation from the norm, par- it is the word of the intelligence com- amendment. I see my colleague from ticularly in the wake of 9/11, I would munity itself, backed up by the Attor- Washington. I don’t know if she has an not be standing here asking that retro- ney General, that this is unwise, un- intention to address the Senate on this active immunity not be granted. But necessary, that these amendments matter or something else. I am going this program went on for 5 years. It would significantly hamper the ability to take 10 or 15 minutes to talk about only came to an end because of a rev- of the intelligence community to con- the amendment and then reserve the elation by whistleblowers and others duct its operations. remainder of my time for tomorrow. that the program stop. This was 5 years I reserve the remainder of my time. There are other Members who would of collecting data and information on The PRESIDING OFFICER. The Sen- like to be heard on this amendment. I U.S. citizens without a court order. ator from Wisconsin. don’t want to consume too much of the The FISA Court was established back Mr. FEINGOLD. Briefly, Mr. Presi- time to deny others the opportunity to in 1978 specifically to provide for war- dent, it is important to put in the be heard. I presume my colleague from rants and court orders when such infor- RECORD that the Judiciary Committee, Wisconsin tomorrow may want some mation was being solicited and needed after carefully considering this not just time. I will take a brief amount of time to provide for the security of our coun- in the context of intelligence—and I do this evening and then reserve the bal- try. I think these amendments that we serve on the Intelligence Committee as ance until later. Then my colleague need to update the FISA legislation are well—but in the context of the rela- from Washington can certainly be critically important, and I certainly tionship between intelligence and civil heard or anyone else for that matter. want to see them adopted. But I believe liberties, came to the opposite conclu- I send to the desk an amendment of- it is going way beyond the pale in the sion on both reverse targeting and bulk fered by myself and Senator FEINGOLD, midst of all this to extend retroactive collection and voted by a majority to and Senators LEAHY, KENNEDY, HARKIN, immunity back to a group of compa- adopt the very sort of amendments I WYDEN, SANDERS, OBAMA, BIDEN, and nies that decided this was an appro- am proposing. With regard to the vice CLINTON and ask for its consideration. priate request and they were going to chairman’s assertion that I had not put The PRESIDING OFFICER. The comply with it. I would point out to forward any concerns about the impact clerk will report. my colleagues that not all companies of these authorities on the civil lib- The legislative clerk read as follows: did. If every single company complied erties of Americans, I, in fact, sent a The Senator from Connecticut [Mr. DODD], with this, you might make the case classified letter to the DNI in Decem- for himself, Mr. FEINGOLD, Mr. LEAHY, Mr. that there was something going on that ber expressing serious concerns about KENNEDY, Mr. HARKIN, Mr. WYDEN, Mr. SAND- required, or certainly warranted, their the implementation of the Protect ERS, Mr. OBAMA, Mr. BIDEN, and Mrs. CLIN- decision to agree to this invasion of America Act and its effect on the TON, proposes an amendment numbered 3907. privacy without a court order. There rights of Americans. I can’t discuss Mr. DODD. I ask unanimous consent were companies that said: No, we will classified specifics here. But the fact that reading of the amendment be dis- not comply with that request absent a is, these aren’t merely theoretical con- pensed with. court order. That court order was cerns. The PRESIDING OFFICER. Without never forthcoming and those compa- One final point: The thrust of our objection, it is so ordered. nies did not engage, to the best of our concern about reverse targeting and The amendment is as follows: knowledge, in the collection of this bulk collection doesn’t have to do nec- (Purpose: To strike the provisions providing data and information. essarily with what has already oc- immunity from civil liability to electronic Now I am not drawing the conclu- curred but what could occur, what communication service providers for cer- sion—but I have my opinions about abuses could occur if we do not clarify tain assistance provided to the Govern- this—as to whether what the compa- in the law that they should not be ment) nies did was legal or illegal. That is not done. This is especially important in Strike title II. a matter for 51 of us here by a majority light of the fact that, as I have indi- Mr. DODD. Mr. President, this vote to decide. That is a matter for cated, the Director of National Intel- amendment we have talked about at which the courts exist in this country. ligence has said it would be desirable length over the last number of weeks It is not a matter for the executive to do this bulk collection. If the DNI going back into December. This is a branch to decide. It is why we have says that, wouldn’t that be a reason to striking amendment to strike the lan- three coequal branches of Government.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S645 When matters such as this arise, rais- involved in the drafting of that legisla- similar request in the future, the Con- ing the legality of certain actions, then tion. They knew exactly what the law gress has spoken on this matter, so that matter ought to be appropriately is in this area. I would further point that they do so only when they receive decided by that third coequal branch of out that it has been reported to the those kinds of court orders and then Government, as the Framers intended, press that there have been more than provide that kind of immunity which, in exactly these kinds of cases; that is, 18,000 requests of FISA Courts over the in every single case in the past, they the matter to determine whether those last 30 years when it has come to these have when the court order has been ap- who are suggesting that these tele- kinds of inquiries. In all but 5 cases, proved by the FISA Courts. That is the phone companies did exactly what they out of the more than 18,000 requests, sum and substance of this debate. should have done under the cir- the FISA Courts have complied with There are various other arguments cumstances. There are many here and executive branch requests for warrants for immunity, including the argument elsewhere who believe otherwise, and to invade or to engage in surveillance that somehow you can’t protect pri- while short of reaching a determina- activities. Only in 5 cases were they re- vate information. As one Federal judge tion as to legality, believe that the jected, out of more than 18,000 re- has already pointed out—I might point courts ought to make that determina- quests. That is better than 99.9 percent out a Republican appointee to the tion. of the cases. Why not in this one? Why bench—what are we all hiding from? There are some 40 cases now pending were the courts not solicited to provide We all know this went on. This is not before the courts on this very matter. the kind of approval for the court or- some secret. We all know that for 5 If we take the action adopted by the ders that would have allowed for this years or more, this information was Intelligence Committee, we will never, surveillance to go forward? It is not a being vacuumed up. That is no longer a ever know whether these actions were minor point. It is a huge point. secret. What is potentially a secret is legal, whether the privacy of millions I would further point out that the ad- how this was done—methods and and millions of Americans were in- ministration, of course, originally re- means—and I appreciate those who vaded. Once we have set the precedent quested that immunity be granted not want to make sure that we don’t allow of allowing this retroactive immunity only to the telecommunications indus- for the revelation of that kind of infor- to go forward, why not then in other try but everyone involved in this mat- mation. But there are ample examples areas outside of the case of tele- ter. Thanks to the wisdom of Senator of how the Federal courts have handled communications? What about medical ROCKEFELLER and Senator BOND, that these matters in the past, acting in a records? What about financial records? broad request was rejected, and I thank way that protects this kind of informa- The Congress will have voted that it is them for it. But it is important that tion. The suggestion that this is too all right to grant retroactive immu- our colleagues understand that that is dangerous to allow these matters to go nity. The next time an American Presi- what they wanted to do; They wanted forward I don’t think is a valid argu- dent asks these companies or other total immunity for everyone involved ment, particularly when you are going companies to engage in similar activi- in this 5-year plan. But the committee to sweep across retroactive immunity. ties, why not use the precedent estab- wisely rejected that request and nar- There are plenty of examples. In fact, I lished by the telecommunications in- rowed the immunity only to the tele- would note that the Presiding Officer— dustry to comply with that request ab- communications industry. But none- I don’t know this, but I presume in his sent a court order? theless, I think all of us understand the previous life as an attorney general— These are critical moments involving net effect. If we grant retroactive im- faced matters in his own State where the rule of law—the rule of law—not munity as requested by this legisla- certain private information had to be the whim of a President, any Presi- tion, then we will never get to the bot- kept private and secret and there were dent. Given the pattern of behavior of tom of what occurred here, and once matters before the courts before which this administration over the last 6 or 7 again, opening the door to possible fu- he operated where that was exactly the years, in example after example where ture violations. case. I have listened to other attorneys there has been a disregard, in my view, It is being suggested by some: Well, general cite examples where there was of the rule of law and the Constitution this is just a bunch of Democrats going privacy and other information that did of the United States, what more does after a Republican administration. I not belong in the public domain and this body need to understand in this will tell my colleagues that if this were was protected. So the argument that matter than to once again grant this a Democratic administration, I would somehow we can’t run the risk of al- administration a pass and in effect say be standing here with as much passion lowing the Federal courts to handle to those companies: It doesn’t make as I am today. This is not about Repub- these matters given the revelation of any difference. We don’t know whether licans or Democrats, liberals or con- information that otherwise shouldn’t what you did was legal, but you get a servatives; it is about the rule of law. be in the public domain—I don’t buy pass on this right now. I think nothing It is about the Constitution of the that argument either. But those are could be more dangerous than to allow United States. All of us here, regard- the arguments for having retroactive that precedent to go forward without less of political ideology or what party immunity on this legislation. us insisting that the courts be allowed we affiliate with, this is a matter that I have spoken at great length about to exercise their judgment in these transcends all of that. We ought to—as this in the past and I appreciate the in- matters. we have sworn to do when we raised dulgence of the chairman and others to There are arguments that have been our right hand in the well of this body, listen to me over and over again on raised on why we shouldn’t let this as each one of us has here as Members this subject matter. But this is a mat- happen. One: It might hurt these com- of this institution—protect and defend ter I care deeply about and I know oth- panies financially. That argument is so the Constitution of the United States. ers do too. This is not a Democrat offensive I hesitate to make it even on Nothing less than that is being asked standing up here trying to cause trou- behalf of those who would argue it. The of us when we vote on this matter: to ble for a Republican administration. idea that some financial injury is far strike this provision and allow the That is an offensive argument. I think more important than the rule of law courts to do their work; to determine we know each other well enough to re- ought to be offensive to every Amer- whether, as those who are advocating spect and understand that these are se- ican, whether you agree or disagree for retroactive immunity assert, that rious debates and serious arguments. with whether these companies did the this was an appropriate and proper re- The tension that has existed for the right thing, or somehow that these sponse by these companies, or to draw life of our great Republic is this debate companies had no idea what they were the different conclusion that it was not today, how do we protect the rights doing; they went along with this be- and that it was inappropriate, illegal, and liberties of our American citizens cause an American President asked for and improper for them to do what they and simultaneously protect our people it. have done; and that all other bodies in from those who would do us great harm I would point out that in 1978, during this country, private or otherwise, and injury. It is not an easy debate; I the drafting of the FISA legislation, need to understand when this adminis- understand that. But it is one that is many of these companies were directly tration or any administration makes a as old as our Republic, to make sure

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S646 CONGRESSIONAL RECORD — SENATE February 5, 2008 that we maintain those rights and lib- time because here we are on Super viding collection against foreign ter- erties while simultaneously fulfilling Tuesday and a lot of people are not rorists—this was directed against for- that obligation to protect our citizens here who want to engage in this de- eign terrorists calling into the United from those who would do us great bate. So I will reserve the remainder of States—complied. harm. I believe the tension is such that my time so that others can be heard on Now, the fact that one or two may I don’t believe we want to give up these this matter when it comes up either to- not have complied speaks no praise for rights, these important systems we put morrow or whenever the matter comes those companies, because if they failed in place. In fact, the very FISA Courts back to the floor. But I appreciate the to comply with what I have reviewed as they exist were designed to specifi- managers of this legislation giving me and believe to be valid orders of the cally address that balance more than 30 a few minutes to make my case on this Federal Government, and as a result, years ago, and I believe on some 30 dif- issue. I have said so many times before, communications that might have ferent occasions over the years we have and I will say again, JAY ROCKEFELLER tipped off an imminent attack on the amended the FISA legislation to allow and KIT BOND are very good friends of United States of America were missed, us to stay current with technologies mine. I have great admiration for these then it would be a great shame for that could be used against us as well as men. We have served a long time to- those companies. allowing those technologies that allow gether here. They don’t have an easy Now, I cannot speak for the other us greater opportunity to learn about job. This is a very difficult committee those who would do us harm. So over body. I do say that the Judiciary Com- to have to work on, given the difficult mittee, which has broad jurisdiction the years we have made those rec- matters they are faced with. I am sure ommendations. Almost unanimously— over many important things—and I re- they understand that my objections spect the leadership of that Com- and I believe I am correct in that as- are not about our friendship or my re- sessment—previous Congresses have mittee—doesn’t spend the time that we spect for the work they do, but about a in the Intelligence Committee do on in- adopted those recommendations and fundamental disagreement. I admire suggestions. To suggest, as was done telligence matters—going out to NSA, what they are trying to do, I respect having people come before us, being here, that because of Senator FEIN- the job they have been asked to do, and GOLD’s amendments dealing with re- briefed, going through laboriously I thank them for it. technical operations that allow these verse targeting and bulk collections, The PRESIDING OFFICER. The Sen- searches and surveillance, and going that somehow we are violating that ator from Missouri is recognized. history, I think is wrong. I think those Mr. BOND. Mr. President, I thank my through and listening and observing suggestions are worthwhile and war- good friend from Connecticut for the the means of assuring that these func- ranted, and it can improve not only kind words. We are delighted to have tions are carried out in compliance not what we are doing technologically in him back, although some would wish only with constitutional directions but this bill, but also fulfilling the second that he were otherwise occupied to- the regulations and the statutes of the part of that obligation, and that is to night. But we welcome him back and United States is very important. We protect the rights of our citizenry. welcome him to the debate. I express have seen the oversight. There is the It is truly a false dichotomy to sug- my appreciation for the kind words he supervisor and the inspector general gest that we can only become more se- said about me in Iowa. It didn’t do who act as an independent check; the cure by giving up rights. I think that is much good in Iowa, but I always appre- Department of Justice lawyers who a very dangerous argument to make. come and review it from their stand- Too many in this country are sub- ciate them. On this debate, however, I respect- point; but also the Intelligence Com- scribing to it today. That is exactly fully say that my good friend, with mittees in both Houses, which have not the opposite of what the case ought to whom I have worked on many meas- only the right but the responsibility to be: that we become more secure when ures and intend to work with on many oversee this. we insist upon those rights and lib- more, is dead wrong. He is correct that Based on that, our committee deter- erties. That has been the history of our mined and reported out a measure say- great country. In every single example the FISA law was passed in 1978, but the problem is it has been superseded ing it was absolutely essential for the I can think of when we have allowed continued security of this country to our rights to be shortchanged to the ar- by technological changes. The technology of transmission of signals eliminate lawsuits that had been filed gument of security, we look back his- against a number of carriers alleging torically and regret those moments. changed significantly. He probably was not here when I mentioned it earlier, that they may have participated in When we think about the internment this activity. of Japanese Americans during World but when the terrorists struck on 9/11, Now, why is that a problem? Well, War II and other examples, I think all there was a question of how we could today, we had open hearings involving of us look back and regret those mo- prevent further attacks that were the DNI, the Director of the FBI, the ments, if we did anything but give our planned and some of them were under country more security. We have had way. The appropriate intelligence com- Director of the CIA, the Director of the great moments when we stood up for munity officials recommended elec- Defense Intelligence Agency, and the the rights and liberties of our fellow tronic surveillance and noted that Deputy Secretary of State for the INR citizens in the face of arguments that since the laws had not changed, but Division. We asked all of them why it our security was in jeopardy if we technology had changed, it was quite was essential that they provide retro- didn’t somehow tailor those rights and likely that FISA, as it existed from active liability protection. liberties to give us additional security. 1978, even with minor tweaks, would The first and most important con- I think that is the same argument not accommodate the collection that cern raised was that allowing these today. I think we will be a proud body was needed. The intelligence commu- lawsuits to continue against the com- by rejecting this piece of the bill before nity leaders and the administration pany—my colleague from Connecticut us, allowing the courts to do their job leaders addressed this with the Gang of is right. We permit cases to go forward as the Framers intended them to do, to 8, the leaders of both parties, both against the Government or Govern- determine the legality of the actions Houses, and both sides of leadership on ment officials. We are just protecting taken by these companies at the re- the Intelligence Committees, and they private companies. It is the pleadings, quest of this administration, to allow concluded that there was not time to the discovery, and the testimony that them to make that decision, not by change the law, so the President went would inevitably tell us, and the ter- some vote in this body that would ahead, using his article II powers as en- rorists, much more about the oper- allow these matters to be swept aside hanced by the authorization for the use ations of the program than the terror- for all of history without ever knowing of military force. The President issued ists ought to know. In May of 2006, whether we did great damage to the orders and, for the most part, the At- after the disclosures of this terrorist rights and liberties of our fellow citi- torney General signed off on it when he surveillance, GEN Mike Hayden came zens. was available. The Director of National before our committee for confirmation. I will make additional arguments Intelligence issued them, and compa- I asked him: What impact has the dis- here tomorrow, but I want to reserve nies, understanding the urgency of pro- closure of our terrorist surveillance

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S647 program had on the collection of intel- serves the dual purpose of ending the veillance Act of 1978 (50 U.S.C. 1801(a)(4)) is ligence from foreign terrorists and sus- litigation against the providers while amended by inserting ‘‘, the international pected terrorists? He smiled and said, allowing the cases against the Govern- proliferation of weapons of mass destruc- ruefully: We are applying the Dar- ment to continue. Go ahead and attack tion,’’ after ‘‘international terrorism’’. winian theory to terrorists. We are (2) AGENT OF A FOREIGN POWER.—Subsection the Government. There is no shortage (b)(1) of such section 101 is amended— only collecting the dumb ones. of that in this body. I have heard it (A) in subparagraph (B), by striking ‘‘or’’ I can assure you the people we want previously earlier today. That is part at the end to listen in to are the very clever, very of our role on a partisan basis. We ex- (B) in subparagraph (C), by striking ‘‘or’’ witty, very diabolical, murderous change criticism of the other party and at the end; and heads of al-Qaida and other terrorist particularly the administration when (C) by adding at the end the following new organizations who want to do great it is of the other party. We can make subparagraphs: bodily harm to the United States. They our best arguments. But we need to ‘‘(D) engages in the international prolifera- think, what we can do to tell them tion of weapons of mass destruction, or ac- stop investigations, for example, by tivities in preparation therefor; or more about it, which would tell them State public utility commissions of the how to evade even the means of collec- ‘‘(E) engages in the international prolifera- providers’ conduct under the TSP. tion of weapons of mass destruction, or action that we have left available, that These investigations involve very tivities in preparation therefor, for or on be- would leave our intelligence commu- sensitive, classified information that half of a foreign power; or’’. nity deaf and blind to threats not only no public service commission or public (3) FOREIGN INTELLIGENCE INFORMATION.— to this country, which is most impor- utility commission is competent to Subsection (e)(1)(B) of such section 101 is tant to all of us but to our allies and handle, maintaining the secrecy, the amended by striking ‘‘sabotage or inter- our troops overseas. national terrorism’’ and inserting ‘‘sabotage, confidentiality we need of our collec- All the heads of the intelligence international terrorism, or the international agencies I mentioned said one of the tion methods. We know this program proliferation of weapons of mass destruc- most important things we can do is has inflicted no harm on our citizenry tion’’. provide this retroactive liability pro- and has protected us from harm. (4) WEAPON OF MASS DESTRUCTION.—Such section 101 is amended by inserting after sub- tection because, without it, then the I invite my colleagues, once again, to go to the fourth floor confidential clas- section (o) the following: private carriers—the telecom compa- ‘‘(p) ‘Weapon of mass destruction’ means— nies—will no longer participate volun- sified hearing room or come to the In- telligence Committee’s offices in Hart, ‘‘(1) any destructive device described in tarily to requests from Government en- section 921(a)(4)(A) of title 18, United States tities. We have many areas where the if they want to see, from the Director Code, that is intended or has the capability telecommunications companies work of National Intelligence, a list of to cause death or serious bodily injury to a with the Federal Government—whether things that have been accomplished significant number of people; it is tracking a missing child, tracking under the Protect America Act because ‘‘(2) any weapon that is designed or in- down a sex offender or, on another collecting this electronic information tended to cause death or serious bodily in- is vitally important. It is right up jury through the release, dissemination, or level, breaking up a drug cartel or, on impact of toxic or poisonous chemicals or another level, protecting against cyber there with interviewing detainees— high-value detainees—in providing us their precursors; attacks from other countries. If litiga- ‘‘(3) any weapon involving a biological tion is allowed to proceed against these our most valuable information. To agent, toxin, or vector (as such terms are de- companies, not only will it likely de- strike this provision of retroactive li- fined in section 178 of title 18, United States scribe in detail the means that our inability protection from the bill would Code); or telligence community uses to collect significantly lessen our ability to col- ‘‘(4) any weapon that is designed to release information, it will put the companies lect intelligence and will make our radiation or radioactivity at a level dan- in such dire straits in terms of business country much less safe. gerous to human life.’’. (b) USE OF INFORMATION.— reputation here and abroad that it will I ask that my colleagues vote against it. I will shortly yield time to my col- (1) IN GENERAL.—Section 106(k)(1)(B) of the be a very serious blow to the share- Foreign Intelligence Surveillance Act of 1978 holders, to the pension funds that own league and the chairman of the com- (50 U.S.C. 1806(k)(1)(B)) is amended by strik- the companies, and it will lead the mittee. At this point, I ask unanimous ing ‘‘sabotage or international terrorism’’ counsel for those companies to say: consent that the pending amendment and inserting ‘‘sabotage, international ter- never participate with the Federal be temporarily set aside. rorism, or the international proliferation of Government again. The PRESIDING OFFICER. Without weapons of mass destruction’’. This could be a disaster for effective objection, it is so ordered. (2) PHYSICAL SEARCHES.—Section 305(k)(1)(B) of such Act (50 U.S.C. collection. I believe it was the con- AMENDMENTS NOS. 3938 AND 3941, AS MODIFIED 1825(k)(1)(B)) is amended by striking ‘‘sabo- sensus of those present at our hearing Mr. BOND. Mr. President, I call up tage or international terrorism’’ and insert- today—the Director of the FBI, the Di- amendments numbers 3938 and 3941 and ing ‘‘sabotage, international terrorism, or rector of CIA, the general in charge of ask unanimous consent that they both the international proliferation of weapons of the Defense Intelligence Agency, Under be modified with the changes at the mass destruction’’. Secretary in charge of INR, and Admi- desk. (c) TECHNICAL AND CONFORMING AMEND- ral McConnell, the DNI—that retro- The PRESIDING OFFICER. Is there MENT.—Section 301(1) of the Foreign Intel- active liability protection for any car- objection? ligence Surveillance Act of 1978 (50 U.S.C. riers that may have participated, as Without objection, it is so ordered. 1821(1)) is amended by inserting ‘‘ ‘weapon of well as carriers that are getting sued The clerk will report. mass destruction’,’’ after ‘‘ ‘person’,’’. SEC. 111. TECHNICAL AND CONFORMING AMEND- that didn’t participate, that cannot ex- The legislative clerk read as follows: MENTS. ercise the state secrets to protect The Senator from Missouri [Mr. BOND] pro- On page 84, line 12, strike ‘‘and 109’’ and in- them, it will ensure that we don’t get poses amendments numbered 3938 and 3941, sert ‘‘109, and 110’’. protection, don’t get the cooperation en bloc. On page 87, line 12, strike ‘‘and 109’’ and in- from these telecommunications car- Mr. BOND. I ask unanimous consent sert ‘‘109, and 110’’. riers when we need it. that reading of the amendments be dis- On page 87, line 21, strike ‘‘and 109’’ and in- We have worked hard on this meas- pensed with. sert ‘‘109, and 110’’. ure. After reviewing all the informa- On page 88, line 10, strike ‘‘and 109’’ and in- The PRESIDING OFFICER. Without sert ‘‘109, and 110’’. tion available to us, including opinions objection, it is so ordered. AMENDMENT NO. 3941, AS MODIFIED, TO and authorizations that we reviewed in The amendments are as follows: the executive office, the committee de- AMENDMENT NO. 3911 AMENDMENT NO. 3938, AS MODIFIED, TO On page 13, strike lines 3 through 13, and termined, on a strong bipartisan basis, AMENDMENT NO. 3911 that the providers acted in good faith insert the following: On page 70, strike line 1 and insert the fol- ‘‘(C) STANDARDS FOR REVIEW.—A judge con- pursuant to representations from the lowing: sidering a petition to modify or set aside a highest level of the Government, that SEC. 110. WEAPONS OF MASS DESTRUCTION. directive may grant such petition only if the the TSP was lawful. (a) DEFINITIONS.— judge finds that the directive does not meet We worked hard to fashion a limited (1) FOREIGN POWER.—Subsection (a)(4) of the requirements of this section, or is other- liability protection provision that section 101 of the Foreign Intelligence Sur- wise unlawful.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S648 CONGRESSIONAL RECORD — SENATE February 5, 2008 ‘‘(D) PROCEDURES FOR INITIAL REVIEW.—A and I will describe them later. I ask Energy efficiency tax incentives put judge shall conduct an initial review not that our time be reserved, and I defer money into the economy by encouraging the later than 5 days after being assigned a peti- to Members on the other side who may purchase of energy efficient products and tion described in subparagraph (C). If the wish to go into morning business. services. judge determines that the petition consists The PRESIDING OFFICER. The Sen- This group has representatives of of claims, defenses, or other legal conten- ator from West Virginia is recognized. this body as part of that alliance. Their tions that are not warranted by existing law job is to advocate for policies to help or by a nonfrivolous argument for extending, Mr. ROCKEFELLER. Mr. President, modifying, or reversing existing law or for understanding whatever it is that the this industry grow. What are we hear- establishing new law, the judge shall imme- Senator from Arizona decides he wants ing from particular industries? I like diately deny the petition and affirm the di- to do, there is a particular reason and this chart particularly because so rective or any part of the directive that is a particular time constraint that the many of my colleagues—I do it, and so the subject of the petition and order the re- Senator from Washington has to speak many on the other side, and even the cipient to comply with the directive or any now. That is why I asked that she be President of the United States speaks part of it. Upon making such a determina- allowed to speak in morning business. at these various clean energy industry tion or promptly thereafter, the judge shall She will make that request, and I hope plant sites and advocate and are ex- provide a written statement for the record of cited about the jobs they create. But the reasons for a determination under this there will be no objection to it. subparagraph. Mr. KYL. Mr. President, I have no sometimes it stops there and after the ‘‘(E) PROCEDURES FOR PLENARY REVIEW.—If objection to that. But I would like to ribbon cutting they fail to support the a judge determines that a petition described add that when the Senator from Wash- necessary policies. That is why re- in subparagraph (C) requires plenary review, ington has concluded her remarks, I be cently a particular solar company CEO the judge shall affirm, modify, or set aside recognized for my remarks. made this statement: the directive that is the subject of that peti- The PRESIDING OFFICER. Without The Senate can ensure that we keep the tion not later than 30 days after being as- objection, it is so ordered. economic engine moving forward and extend signed the petition, unless the judge, by The Senator from Washington is rec- the solar tax credits as part of the economic order for reasons stated, extends that time ognized. stimulus bill. as necessary to comport with the due process Ms. CANTWELL. Mr. President, I ask That is directly from the solar indus- clause of the fifth amendment to the Con- stitution of the United States. Unless the unanimous consent to speak as in try that we politicians like to stand in judge sets aside the directive, the judge shall morning business for up to 15 minutes front of and talk about jobs being cre- immediately affirm or affirm with modifica- and that the time not be counted ated. Here is somebody who was the tions the directive, and order the recipient against the debate on the FISA legisla- prop behind one of these events in the to comply with the directive in its entirety tion. last week, and they are telling us to or as modified. The judge shall provide a The PRESIDING OFFICER. Without pass this tax credit in the stimulus written statement for the records of the rea- objection, it is so ordered. package. sons for a determination under this subpara- STIMULUS PACKAGE What are we hearing from a consor- graph. tium of those in the industry? We are On page 13, line 14, strike ‘‘(D)’’ and insert Ms. CANTWELL. Mr. President, I ‘‘(F)’’. rise today to speak about clean energy hearing from one consolidated report of On page 13, line 17, strike ‘‘(E)’’ and insert production tax credits, investment tax the renewable industry that said: ‘‘(G)’’. credits, and the energy efficiency pro- Over 116,000 U.S. jobs, and nearly $19 bil- On page 14, strike lines 10 through 19, and visions in the pending stimulus pack- lion— insert the following: age, which I think are critical to re- This is just on solar, wind, and other ‘‘(C) STANDARDS FOR REVIEW.—A judge con- storing economic growth in America sidering a petition filed under subparagraph renewable electricity sources— (A) shall issue an order requiring the elec- and continuing what is a burgeoning nearly $19 billion in U.S. investment could be tronic communication service provider to industry that is helping us create jobs lost in one year if renewable energy tax cred- comply with the directive or any part of it, and economic stimulus across our its are not renewed by Congress. as issued or as modified, if the judge finds country. We are talking about tax That report came out earlier this that the directive meets the requirements of credits that are a proven stimulus and week. this section, and is otherwise lawful. business investment. They give con- The reason why people are so con- ‘‘(D) PROCEDURES FOR REVIEW.—The judge sumers, in this case, energy efficiency cerned about this is because what we shall render a determination not later than credits of up to $500 to make energy ef- have seen traditionally—and we can 30 days after being assigned a petition filed ficiency improvements to their homes, see on this chart that in 2000, 2002, and under subparagraph (A), unless the judge, by 2004 where we did not give predict- order for reasons stated, extends that time if which could save homeowners as much necessary to comport with the due process as $800 per year in avoided energy ability to this industry by saying we clause of the fifth amendment to the Con- costs. We are talking about $20 billion are going to continue the tax credit stitution of the United States. The judge of stimulus and 116,000 jobs that could policy—what happened is a 93-percent shall provide a written statement for the be impacted. drop in investment; in 2000. In 2002, a record of the reasons for a determination The bottom line is the renewable en- 73-percent drop in investment; and under this paragraph. ergy industry generated over $40 billion again in 2003, another 77-percent drop On page 14, line 20, strike ‘‘(D)’’ and insert of revenue in 2006 and accounted for in investment. ‘‘(E)’’. On page 14, line 24, strike ‘‘(E)’’ and insert 450,000 direct and indirect jobs last Here is where this industry is now in ‘‘(F)’’. year. So we know that clean energy is 2007. It is a growing industry. As I said, Mr. ROCKEFELLER. If the Senator one of the fastest growing sectors of in 2006, it was $40 billion in revenue and will yield, it is very important for a our economy. But by failing to act over 450,000 direct and indirect jobs. particular person on this floor to be when we didn’t pass these critical tax And we are about to kill this level of able to, within the next 15 minutes— incentives last year, we caused turbu- investment and put it into a tailspin and for a particular reason—say some lence in what is a very new and grow- by not continuing this tax policy. things that are very important to her, ing industry. And if the Senate rejects In fact, that is exactly what this not on either of our pending amend- these incentives now, we could put this solar industry CEO, who had the pleas- ments, the two amendments you and I industry in a tailspin by not giving ure of standing there with Governor are about to offer. The Senator has al- them predictability on their tax cred- Schwarzenegger and others, said. He ready approached the Parliamentarian its. That is why it is so important we said Federal tax credits for solar en- in this matter. I ask if the Senator pass the stimulus package tomorrow. ergy are about to expire. They are from Missouri would be willing to Let’s talk about what we are hearing about to expire and it will send the allow the Senator from Washington to from some of those in the industry who solar industry into a tailspin. speak on a different subject for 15 min- know this sector very well. The Alli- It doesn’t have to get any clearer utes for a very good reason. ance to Save Energy, a group of busi- than that: CEOs of companies that are Mr. BOND. Mr. President, I have no ness, government, and consumer lead- the backdrop of great press events tell- intention of continuing this discussion. ers, committed to seeing this country ing us we are about to send their indus- These are amendments, I hope, will take advantage of cost savings from ef- tries into a tailspin. I suggest we in- be accepted. Chairman ROCKEFELLER ficiency have said: stead pass these tax incentives and get

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S649 on with what could be certainty in tax tion jobs will be eliminated in each revenue, and it is helping those Mid- policy. State, New York and Texas. west economies continue to grow. What I like about wind is the fact Another example. Safeway, which is What about the National Farmers that it is happening in lots of places a major grocery store chain, is plan- Union, another organization, which across this country, but it is also giv- ning on retrofitting additional stores said: ing farmers a second crop. Almost 200 with solar panels. Why are they doing Encourage your support including impor- members of the American Wind Energy that? Because they know they can get tant renewable energy tax incentives in the Association have sent us a letter say- offset rising energy costs out of those economic stimulus package currently being ing that ‘‘companies in our industry solar panels. They are looking at 15 ad- considered by Congress. are already reporting a decrease in in- ditional stores with solar panels and The Farmers Union obviously knows vestment as a result of the uncertainty injecting an additional $30 million into this means jobs in their local economy. surrounding tax policy.’’ They are say- the economy if the solar investment But for them, it also means that in- ing they are already seeing people credit is extended. If it is not extended, stead of paying the high prices of nat- starting to cancel projects. these jobs are going to be in jeopardy. ural gas and not having any product We want to help our economy grow, Here are companies trying to help us compete with it, that having renewable and there is stimulus in these tax in- stimulate the economy, create jobs, energy generate an additional 6,000 centives, but I ask my colleagues to lower energy costs, and I am sure that megawatts of power can actually get consider what is going to happen when helps with the bottom line of food costs alternative sources of electricity in the they do not renew them. They are ac- in America, and yet we are not giving market and lower the demand on nat- tually going to cause more damage to them predictability. ural gas and thereby lowering the the economy because people are going We also saw in my home State of price. That helps lower the cost of fer- to start canceling projects. Washington a company, Wellons, a tilizer. It is critically important. Let me explain. This same report by leader in wood-fired energy systems, Navigant came out earlier this week This past week, we had 41 Senators say they are going to mothball up to 20 sign a letter, including 14 of my col- and got very specific as to which projects unless they get the production States had significant investment by leagues on the other side of the aisle, tax credit. That means that some of who agree that: renewable companies and exactly what the 500 people in this particular com- was going to happen both in the loss of Extending these expiring clean energy tax pany will be laid off. credits will help ensure a stronger, more sta- opportunity for new jobs and in actu- I think the Arizona Republic said it ally having jobs cut when there is not ble environment for new investments and en- best. In fact, they had an editorial this sure continued robust growth in a bright predictability. week that said: Texas, one of the biggest investors spot in an otherwise slowing economy. from a wind production side, could lose The economic stimulus package from Con- I ask unanimous consent to have gress . . . should include an extension of tax a future opportunity and existing jobs printed in the RECORD this letter of bi- credits for renewable energy sources. For Ar- partisan support. of upwards of 23,000; Colorado, 10,000; Il- izona— linois, 8,000; Oregon, 7,000; Minnesota, There being no objection, the mate- And I think this is similar for many 6,000 plus; Washington State, nearly rial was ordered to be printed in the other States, but Arizona is a leader in 5,000 jobs are at stake. The list goes on RECORD, as follows: this area— to other States that have made incred- U.S. SENATE, ible progress in renewable energies the continued development of our solar in- Washington, DC, January 25, 2008. dustry is at stake. that are creating jobs, and all these Hon. HARRY REID, jobs are at stake for the future and That is why we need these credits. Senate Majority Leader, some of them represent jobs where peo- We had today the Los Angeles Times Washington, DC. ple are getting a paycheck today. In- say: Hon. MAX BAUCUS, Investors won’t pump money into clean Chairman, Senate Committee on Finance, Wash- stead, they will take our rebate check, ington, DC. if we pass the House bill, and they will power if there is a danger of losing their tax incentives . . . green technology is an ex- Hon. MITCH MCCONNELL, receive a pink slip because their jobs Senate Republican Leader, are not going to be there anymore. tremely promising growth industry that could help make up for the loss of manufac- Washington, DC. That is why we have to pass this pack- turing jobs. Hon. CHARLES GRASSLEY, age. Ranking Member, Senate Committee on Fi- In fact, I want to give examples of That is another editorial from today. nance, Washington, DC. two specifics where people will actu- We know this, and yet we somehow DEAR SENATORS REID, MCCONNELL, BAUCUS, ally lose jobs. want to pretend that the elimination of AND GRASSLEY: We strongly support current Noble Environmental Power is devel- these tax credits does not matter. I bipartisan efforts to mitigate an economic oping projects for wind in New York know it matters to Governors because downturn by providing direct financial relief to American families. At the same time, we and Texas, and they plan to construct we have heard from the Governors of Iowa, Illinois, Indiana, Kansas, Michi- believe that we must be cognizant that en- two parks in New York State and two ergy prices have been a leading cause of our in Texas. If the production tax credit is gan, Minnesota, Missouri, Nebraska, current economic environment. Accordingly, not extended, these projects will not be North Dakota, South Dakota, and Wis- we strongly believe that we must provide a built which will eliminate 1,200 full- consin: timely long-term extension of clean energy time construction jobs. That is 600 jobs We know that uncertainty of the future of and energy efficiency tax incentives that ex- in each State. a wind production tax credit must be avoided pire at the end of this year. Given record en- In addition, the company in its head if this burgeoning industry is going to thrive ergy prices and growing demand, postponing count will be cut from 220 to 120 be- in the years ahead. action on these critical energy incentives cause they will also cut other jobs re- So we are hearing from our Gov- will only exacerbate the problems afflicting ernors who are on the ground wanting our economy. In fact, these renewable energy lated to planning. In fact, if we do not and energy efficiency investments have a give them this predictability this year, to approve these projects knowing how verifiable record of stimulating capital out- in 2008, $200 million in orders for equip- much they mean to their local econo- lays and promoting job growth. We must en- ment will be canceled. That is stim- mies, and yet we are ignoring that. sure that this impressive record is main- ulus, $20 million that will not be made We also heard from a growing indus- tained in 2008 and extend these tax credits because they do not have certainty and try partner, the American Corn Grow- expeditiously. they are going to cancel their plans for ers Association. They said: Over one hundred thousand Americans equipment. If President Bush will agree with the inclu- could be put to work in 2008 if clean energy Additionally, $18 million in engineer- sion of the production tax credit in the stim- production tax credits were extended in the first quarter of this year according to indus- ing services are going to be canceled ulus package, he will be adding numerous jobs to our economy. try estimates. However, because the incen- because they do not have predictability tives are set to expire this year. renewable in this Tax Code. Why is that? Because this industry energy companies are already reporting a Again, if the production tax credit is sees that this is a good partner. It is precipitous decrease in investment due to not extended, 600 full-time construc- actually helping them with additional uncertainly. Projects currently underway

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S650 CONGRESSIONAL RECORD — SENATE February 5, 2008 may soon he mothballed. Clean energy in- Mr. KYL. Mr. President, I wish to It is very difficult for people to do busi- centives for energy efficient buildings. appli- speak to the amendment offered by the ness with them if they believe they ances and other technologies, as well as addi- Senator from Connecticut to the FISA might be hauled into court and all of tional funding for weatherizing homes. would bill, the Foreign Intelligence Surveil- the resultant effects of litigation would similarly serve to stimulate 2008 economic consumption, lower residential energy costs, lance Act, the amendment that would extend to them. and generate new manufacturing and con- strike provisions from the bill that In the letter that Attorney General struction jobs. provide liability protection to those Mukasey and Admiral McConnell wrote Failing to act on these crucial incentives telecommunications companies that to our leadership, they point out their could choke off promising business invest- were asked by our Government to as- objection to several amendments and ment in 2008 and miss an opportunity to ad- sist us in a dire time of need. one of those amendments is specifi- dress high energy costs. a critical contrib- I begin by asking unanimous consent cally the one offered by the Senator utor to sinking consumer confidence and our to have printed in the RECORD at the from Connecticut, striking the immu- nation’s long-term economic challenges. Ex- tending these expiring clean energy tax cred- conclusion of my remarks a letter to nity provisions, No. 3907. They begin by its will help ensure a stronger, more stable Senator REID, dated February 5, 2008, discussing it in this way: environment for new investments and ensure and signed by Attorney General Extending liability protection to such continued robust growth in a bright spot in Mukasey and Director of National In- companies is imperative; failure to do so an otherwise slowing economy. To that end telligence Admiral McConnell. could limit future cooperation by such com- we look forward to working with you to ex- (See exhibit 1.) panies and put critical intelligence oper- tend these critical tax incentives in context Mr. KYL. Mr. President, next, I ations at risk. Moreover, litigation against of encouraging economic growth and vital- would like to quote a few passages companies believed to have assisted the government risks the disclosure of highly classi- ity. from this letter that relate specifically Sincerely, fied information regarding extremely sen- Maria Cantwell; Olympia Snowe; Ron to this issue of liability protection. sitive intelligence sources and methods. If Wyden; Gordon Smith; Amy Klobuchar; They begin by noting: any of these amendments— John F. Kerry; Ken Salazar; Debbie Liability protection is the just result for And they specifically refer to this Stabenow; Elizabeth Dole; Bernard companies who answered their Government’s amendment— Sanders; John E. Sununu; Barbara call for assistance. Further, it will ensure . . . are part of the bill . . . we, as well as Boxer; Wayne Allard; Robert Menen- that the Government can continue to rely the President’s other senior advisors, will dez; Susan M. Collins; Tim Johnson; upon the assistance of the private sector recommend that he veto the bill. Byron L. Dorgan; Sam Brownback; that is so necessary to protect the Nation Russell Feingold; Arlen Specter; Bar- and enforce its laws. We know we need a bill to become bara A. Mikulski; Evan Bayh; Barack The point of beginning with this ref- law. We know what the President will Obama; Patty Murray; Hillary Rodham erence is to note the fact that what accept, and we know it would be unac- Clinton; Carl Levin; John Cornyn; happened was that the U.S. Govern- ceptable to strike the immunity provi- Sherrod Brown; Chris Dodd; Dianne ment, in the aftermath of 9/11, went to sions as amendment No. 3907 would do. Feinstein; Lisa Murkowski; Norm Cole- But let me continue to quote from this man; Chuck Schumer; Ted Stevens; certain kinds of telecommunications Frank R. Lautenberg; Patrick Leahy; and asked for their assistance in track- letter, because the authors note some- Herb Kohl; Daniel K. Akaka; Pat Rob- ing down foreign terrorists, in pro- thing in addition to the problem I iden- erts; Richard Burr; Ben Cardin. viding intelligence-gathering services tified, and I will state from it pre- Ms. CANTWELL. Mr. President, we to the U.S. Government. These compa- cisely: also received letters from 13 different nies did not have a legal obligation to This amendment also would strike the im- organizations that also support the in- provide that support, but they cer- portant provisions in the bill that would es- tainly, as good citizens of the United tablish procedures for implementing existing clusion of these provisions in the tax statutory defenses in the future and that package. States, undertook to provide the sup- would preempt State investigations of assist- This is truly an opportunity for us to port, some of them in that capacity. ance provided by any electronic communica- continue to stimulate the economy in a The question is whether, having done tion service provider to an element of the in- key growth area, but my colleagues that in good faith, they should now be telligence community. Those provisions are should not be fooled. This is probably protected from private lawsuits that important to ensuring that electronic com- the only opportunity to do extend have been filed against them or wheth- munication service providers can take full these credits before they expire. We er, as is the historic tradition in such advantage of existing immunity provisions circumstances, they would be immune and to protecting highly classified informa- have had a dispute between the House tion. and the White House and Members of from such lawsuits for volunteering to the Senate about how to move forward help the Government. In other words, this amendment on these tax credits. Some want them Here is a little bit of what Attorney doesn’t simply strike the immunity paid for while taking money from oil General Mukasey and Admiral McCon- provisions but would also have this del- revenues. Others, such as the White nell wrote in the letter. eterious effect. I want to quote from three other House, don’t want them paid for at all. In its report on S. 2248, the Intelligence paragraphs of the bill, but I don’t want This is an opportunity for us if we Committee recognized that ‘‘without retro- to exceed 10 minutes. Therefore, I are going to do $150 billion worth of in- active immunity, the private sector might would ask how much time I have con- vestment in what we think is an eco- be unwilling to cooperate with lawful government requests in the future without un- sumed. nomic opportunity to get one of the necessary court involvement and protracted The PRESIDING OFFICER. Five best returns on investment in this litigation. The possible reduction in intel- minutes has been consumed. stimulus package; that is, to invest ligence that might result from this delay is Mr. KYL. I thank the Chair. about $5 billion and see over $20 billion simply unacceptable for our Nation.’’ Let me quote from three other para- in new energy investment in this coun- The letter goes on to say: graphs of the letter relating to this try. The committee’s measured judgment re- amendment. The authors are referring I hope my colleagues will consider flects the principle that private citizens who to the Intelligence Committee’s exten- this tomorrow and consider how much respond in good faith to a request for assist- sive work on this particular aspect of ance by public officials should not be held we truly need these budding clean en- the problem, and they say: ergy industries to grow and thrive in liable for their actions. After reviewing the relevant documents, our home States. Anyone who supports And that, in fact, has always been the Intelligence Committee determined that this industry has to vote for the Senate the common law rule in the United providers had acted in response to written Finance bill or we could very well miss States of America. The concern is not requests or directives stating that the activi- a key opportunity to stimulate our only to protect those who were good ties had been authorized by the President economy. enough to assist the Government in the and had been determined to be lawful. I yield the floor. past but also to ensure that in the fu- The letter goes on to note: The PRESIDING OFFICER (Mr. ture companies can rely upon this type In its Conference Report, the committee WHITEHOUSE). The Senator from Ari- of protection because of all of the situ- ‘‘concluded that the providers had a good zona. ations in which they find themselves. faith basis’’ for responding to the requests

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S651 for assistance they received. The Senate In- body understands the fundamental aftermath of the September 11th terrorist at- telligence Committee ultimately agreed to principle involved here, and that is: tacks on America. Liability protection is the necessary immunity protections on a nearly When citizens of the United States are just result for companies who answered their unanimous bipartisan 13–2 vote. Twelve asked by their Government to assist, Government’s call for assistance. Further, it members of the committee subsequently re- will ensure that the Government can con- jected a motion to strike this provision. and they agree to do that in good faith tinue to rely upon the assistance of the pri- for the protection of citizens of the The authors go on to note: vate sector that is so necessary to protect United States of America, they should the Nation and enforce its laws. The immunity offered in S. 2248 applies be protected from lawsuits that have S. 2248, reported by the Senate Select Com- only in a narrow set of circumstances. been filed. That is what the amend- mittee on Intelligence, would satisfy both of They note, for example: ment of the Senator from Connecticut these imperatives. That bill was reported out of committee on a nearly unanimous 13–2 A court must review this certification be- would do is to eliminate that protec- fore an action may be dismissed. This immu- vote. Although it is not perfect, it contains tion, and it is why the amendment many important provisions, and was devel- nity provision does not extend to the govern- should be defeated. ment or government officials. oped through a thoughtful process that re- I hope my colleagues are recognizing sulted in a bill that helps ensure that both In other words, they can still be sued. the seriousness of what these two au- the lives and the civil liberties of Americans And it does not immunize any criminal thors of this letter have said when they will be safeguarded. First, it would establish conduct. recognize the seriousness of the poten- a firm, long-term foundation for our intel- This is critical to understand what tial consequences from failing to pro- ligence community’s efforts to track terror- the amendment does not do. ists and other foreign intelligence targets lo- vide this kind of liability protection cated overseas. Second, S. 2248 would afford Let me quote from the final para- and that we will support the Intel- retroactive liability protection to commu- graph relating to this particular ligence Committee, we will support the nication service providers that are believed amendment. Attorney General intelligence community, and we will to have assisted the Government with intel- Mukasey and Admiral McConnell say: reject the amendment of the Senator ligence activities in the aftermath of Sep- Providing this liability protection is crit- from Connecticut. tember 11th. In its report on S. 2248, the In- telligence Committee recognized that ‘‘with- ical to the national security. As the Intel- EXHIBIT 1 ligence Committee recognized, ‘‘the intel- out retroactive immunity, the private sector ligence community cannot obtain the intel- FEBRUARY 5, 2008. might be unwilling to cooperate with lawful ligence it needs without assistance from Hon. HARRY REID, Government requests in the future without these companies.’’ That committee also rec- Majority Leader, U.S. Senate, Washington, DC. unnecessary court involvement and pro- DEAR SENATOR REID: This letter presents ognized that companies in the future may be tracted litigation. The possible reduction in the views of the Administration on various less willing to assist the government if they intelligence that might result from this amendments to the Foreign Intelligence Sur- face the threat of private lawsuits each time delay is simply unacceptable for the safety veillance Act of 1978 (FISA) Amendments they are alleged to have provided assistance. of our Nation.’’ The committee’s measured Act of 2008 (S. 2248), a bill ‘‘to amend the The committee concluded that: ‘‘The pos- judgment reflects the principle that private Foreign Intelligence Surveillance Act of sible reduction in intelligence that might re- citizens who respond in good faith to a re- 1978, to modernize and streamline the provi- sult from this delay is simply unacceptable quest for assistance by public basic legal role sions of that act, and for other purposes.’’ for the safety of our Nation.’’ officials should not be held liable for their The letter also addresses why it is critical actions. Thus, with the inclusion of the pro- The authors then conclude: that the authorities contained in the Protect posed manager’s amendment, which would Allowing continued litigation also risks America Act not be allowed to expire. We make necessary technical changes to the the disclosure of highly classified informa- have appreciated the willingness of Congress bill, we strongly support passage of S. 2248. tion regarding intelligence sources and to address the need to modernize FISA and For reasons elaborated below, the Adminis- methods. In addition to providing an advan- to work with the Administration to allow tration also strongly favors two other pro- tage to our adversaries, the potential disclo- the intelligence community to collect the posed amendments to the Intelligence Com- sure of classified information puts the facili- foreign intelligence information necessary to mittee’s bill. One would strengthen S. 2248 ties and personnel of electronic communica- protect the Nation while protecting the civil by expanding FISA to permit court-author- tion service providers at risk. For these rea- liberties of Americans. We commend Con- ized surveillance of international prolifer- sons, we, as well as the President’s other sen- gress for the comprehensive approach that it ators of weapons of mass destruction. The ior advisers, will recommend that he veto has taken in considering these authorities other would ensure the timely resolution of any bill that does not afford liability protec- and are grateful for the opportunity to en- any challenges to government directives tion to these companies. gage with Congress as it conducts an in- issued in support of foreign intelligence col- depth analysis of the relevant issues. lection efforts. This is, I guess one could say, the de- Certain other amendments have been of- finitive word of what the President is In August, Congress took an important step toward modernizing FISA by enacting fered to S. 2248, however, that would under- recommending and is willing to accept the Protect America Act of 2007. That Act mine significantly the core authorities and from the Congress. It comes from the has allowed us temporarily to close intel- immunity provisions of that bill. After care- two individuals in our Government who ligence gaps by enabling our intelligence ful study, we have determined that those have the chief responsibility for our professionals to collect, without a court amendments would result in a final bill that safety with respect to not only the pro- order, foreign intelligence information from would not provide the intelligence community with the tools it needs to collect effec- tection of American civil liberties but targets overseas. The intelligence community has implemented the Protect America tively foreign intelligence information vital also the gathering of foreign intel- for the security of the Nation. If the Presi- ligence, and it extensively quotes from Act in a responsible way, subject to extensive executive branch, congressional, and ju- dent is sent a bill that does not provide the the report of the committee itself, the dicial oversight, to meet the country’s for- U.S. intelligence agencies the tools they Intelligence Committee, which it notes eign intelligence needs while protecting civil need to protect the nation, the President acted in a bipartisan 13-to-2 vote to liberties. Indeed, the Foreign Intelligence will veto the bill. provide for this liability protection. Surveillance Court (FISA Court) recently ap- I. LIMITATIONS ON THE COLLECTION OF FOREIGN That is why it is so critical that proved the procedures used by the Govern- INTELLIGENCE when we have an opportunity to vote, I ment under the Protect America Act to de- Several proposed amendments to S. 2248 gather tomorrow or whenever we have termine that targets are located overseas, would have a direct, adverse impact on our an opportunity to vote on the amend- not in the United States. ability to collect effectively the foreign in- The Protect America Act was scheduled to telligence information necessary to protect ment of the Senator from Connecticut, expire on February 1, 2008, but Congress has the Nation. We note that three of these we reject that amendment on the extended that Act for fifteen days, through amendments were part of the Senate Judici- grounds that it is contrary to the Intel- February 16, 2008. In the face of the contin- ary Committee substitute, which has already ligence Committee’s actions, to the ued threats to our Nation from terrorists and been rejected by the Senate on a 60–34 vote. recommendations of the Attorney Gen- other foreign intelligence targets, it is vital We explained why those three amendments eral and the Director of National Intel- that Congress not allow the core authorities were unacceptable in our November 14, 2007, ligence, and to the President with re- of the Protect America Act to expire, but in- letter to Senator Leahy regarding the Sen- spect to the liability protection for stead pass long-term FISA modernization ate Judiciary Committee substitute, and the legislation that both includes the collection Administration reiterated these concerns in these entities. authority conferred by the Protect America a Statement of Administration Policy (SAP) There is much we cannot discuss, be- Act and provides protection from private issued on December 17, 2007. A copy of that cause so much of this program is of a lawsuits against companies that are believed letter and the SAP are attached for your ref- classified nature. But I think every- to have assisted the Government in the erence.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S652 CONGRESSIONAL RECORD — SENATE February 5, 2008 Prohibition on Collecting Vital Foreign In- from the FISA Court is required. Indeed, S. sequences on our ability to collect necessary telligence Information (No amendment num- 2248 codifies this longstanding Executive foreign intelligence information, including ber available). This amendment provides Branch interpretation of FISA. information vital to conducting military op- that ‘‘no communication shall be acquired The amendment would place an unneces- erations abroad and protecting the lives of under [Title VII of S. 2248] if the Government sary and debilitating burden on our intel- our service members, and it is unacceptable. knows before or at the time of acquisition ligence community’s ability to conduct sur- Imposing such additional requirements to that the communication is to or from a per- veillance without enhancing the protection the carefully crafted framework provided by son reasonably believed to be located in the of the privacy of Americans. The introduc- S. 2248 would harm important intelligence United States,’’ except as authorized under tion of this ambiguous ‘‘significant purpose’’ operations without appreciably enhancing Title I of FISA or certain other exceptions. standard would raise unacceptable oper- the privacy interests of Americans. If this The amendment would require the Govern- ational uncertainties and problems, making amendment is part of the bill that is pre- ment to ‘‘segregate or specifically des- it more difficult to collect intelligence when sented to the President, we, as well as the ignate’’ any such communication and the a foreign terrorist overseas is calling into President’s other senior advisors, will rec- Government could access such communica- the United States—which is precisely the ommend that he veto the bill. tions only under the authorities in Title I of communication we generally care most Limits Dissemination of Foreign Intel- FISA or under certain exceptions. Even for about. Part of the value of the Protect ligence Information (No. 3915). This amend- communications falling under one of the America Act, and any subsequent legisla- ment originally was offered in the Senate In- limited exceptions or an emergency exception, is to enable the intelligence commu- telligence Committee, where it was rejected tion, the Government still would be required nity to collect expeditiously the communica- on a 10–5 vote. The full Senate then rejected to submit a request to the FISA Court relat- tions of terrorists in foreign countries who the amendment as part of its consideration ing to such communications. The procedural may contact an associate in the United of the Judiciary Committee amendment. The proposed amendment would impose signifi- mechanisms it would establish would dimin- States. The intelligence community was cant new restrictions on the use of foreign ish our ability swiftly to monitor a commu- heavily criticized by numerous reviews after intelligence information, including informa- nication from a terrorist overseas to a per- September 11, including by the Congressional tion not concerning United States persons, son in the United States—precisely the com- Joint Inquiry into September 11, regarding its insufficient attention to detecting com- obtained or derived from acquisitions using munication that the intelligence community targeting procedures that the FISA Court munications indicating homeland attack may have to act on immediately. Finally, later found to be unsatisfactory for any rea- plotting. To quote the Congressional Joint the amendment would draw unnecessary and son. By requiring analysts to go back to the Inquiry: harmful distinctions between types of for- relevant databases and extract certain infor- eign intelligence information, allowing the The Joint Inquiry has learned that one of the future hijackers communicated with a mation, as well as to determine what other Government to collect communications information is derived from that informa- known terrorist facility in the Middle East under Title VII from or to the United States tion, this requirement would place a dif- while he was living in the United States. The that contain information relating to ter- ficult, and perhaps insurmountable, oper- Intelligence Community did not identify the rorism but not other types of foreign intel- ational burden on the intelligence commu- domestic origin of those communications ligence information, such as that relating to nity in implementing authorities that target prior to September 11, 2001 so that additional the national defense of the United States or terrorists and other foreign intelligence tar- FBI investigative efforts could be coordi- attacks, hostile actions, and clandestine in- gets located overseas. The effect of this bur- nated. Despite this country’s substantial ad- telligence activities of a foreign power. den would be to divert analysts and other re- vantages, there was insufficient focus on This amendment would eviscerate critical sources from their core mission-protecting core authorities of the Protect America Act what many would have thought was among the Nation-to search for information, includ- and S. 2248. Our prior letter and the State- the most critically important kinds of ter- ing information that does not concern ment of Administration Policy explained rorist-related communications, at least in United States persons. This requirement also how this type of amendment increases the terms of protecting the Homeland. stands at odds with the mandate of the Sep- In addition, the proposed amendment danger to the Nation and returns the intel- tember 11th Commission that the intel- would create uncertainty by focusing on ligence community to a pre-September 11th ligence community should find and link dis- whether the ‘‘significant purpose . . . is to posture that was heavily criticized in con- parate pieces of foreign intelligence informa- gressional reviews. It would have a dev- acquire the communication’’ of a person in tion. Finally, the requirement would actu- astating impact on foreign intelligence sur- the United States, not just to target the per- ally degrade—rather than enhance—privacy veillance operations; it is unsound as a mat- son here. To be clear, a ‘‘significant purpose’’ protections by requiring analysts to locate ter of policy; its provisions would be inordi- of intelligence community activities that and examine United States person informa- nately difficult to implement; and thus it is target individuals outside the United States tion that would otherwise not be reviewed. unacceptable. The incidental collection of is to detect communications that may pro- Accordingly, if this amendment is part of the U.S. person communications is not a new vide warning of homeland attacks, including bill that is presented to the President, we, as issue for the intelligence community. For communications between a terrorist over- well as the President’s other senior advisors, decades, the intelligence community has uti- seas and associates in the United States. A will recommend that he veto the bill. provision that bars the intelligence commu- lized minimization procedures to ensure that II. LIABILITY PROTECTION FOR nity from collecting these communications U.S. person information is properly handled TELECOMMUNICATIONS COMPANIES and ‘‘minimized.’’ It has never been the case is unacceptable. If this amendment is part of the bill that is presented to the President, Several amendments to S. 2248 would alter that the mere fact that a person overseas the carefully crafted provisions in that bill we, as well as the President’s other senior happens to communicate with an American that afford liability protection to those com- advisors, will recommend that he veto the triggers a need for court approval. Indeed, if panies believed to have assisted the Govern- court approval were mandated in such cir- bill. Imposition of a ‘‘Specific Individual Tar- ment in the aftermath of the September 11th cumstances, there would be grave oper- attacks. Extending liability protection to get’’ Test (No. 3912). This amendment, which ational consequences for the intelligence such companies is imperative; failure to do was part of the Judiciary Committee sub- community’s efforts to collect foreign intel- so could limit future cooperation by such stitute, would require the Attorney General ligence. Accordingly, if this amendment is companies and put critical intelligence oper- and the Director of National Intelligence to part of the bill that is presented to the Presi- ations at risk. Moreover, litigation against dent, we, as well as the President’s other certify that any acquisition ‘‘is limited to companies believed to have assisted the Gov- senior advisors, will recommend that he veto communications to which any party is a spe- ernment risks the disclosure of highly classi- the bill. cific individual target (which shall not be fied, information regarding extremely sen- Imposition of a ‘‘Significant Purpose’’ Test limited to known or named individuals) who sitive intelligence sources and methds. If any (No. 3913). This amendment, which was part is reasonably believed to be located outside of these amendments is part of the bill that of the Judiciary Committee substitute, the United States.’’ This provision could is presented to the President, we as well as would require an order from the Foreign In- hamper United States intelligence oper- the President’s other senior advisors, will telligence Surveillance Court (FISA Court) if ations that currently are authorized to be recommend that he veto the bill. a ‘‘significant purpose’’ of an acquisition tar- conducted overseas and that could be con- Striking the Immunity Provisions (No. geting a person abroad is to acquire the com- ducted more effectively from the United 3907). This amendment would strike Title II munications of a specific person reasonably States without harming the privacy inter- of S. 2248, which affords liability protection believed to be in the United States. If the ests of United States persons. For example, to telecommunications companies believed concern driving this proposal is so-called the intelligence community may wish to tar- to have assisted the Government following ‘‘reverse targeting’’—circumstances in which get all communications in a particular the September 11th attacks. This amend- the Government would conduct surveillance neighborhood abroad before our armed forces ment also would strike the important provi- of a person overseas when the Government’s conduct an offensive. This amendment could sions in the bill that would establish proce- actual target is a person in the United prevent the intelligence community from dures for implementing existing statutory States with whom the person overseas is targeting a particular group of buildings or a defenses in the future and that would pre- communicating—that situation is already geographic area abroad to collect foreign in- empt state investigations of assistance pro- addressed in FISA today. If the person in the telligence prior to such military operations. vided by any electronic communication serv- United States is the actual target, an order This restriction could have serious con- ice provider to an element of the intelligence

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S653 community. Those provisions are important payer. Substitution does nothing to reduce gation would increase the risk of the disclo- to ensuring that electronic communication the risk of the further disclosure of highly sure of highly classified information. service providers can take full advantage of classified information. The very point of The procedures set forth under the amend- existing immunity provisions and to pro- these lawsuits is to prove plaintiffs’ claims ment also present insurmountable problems. tecting highly classified information. by disclosing classified information regard- First, the amendment would permit plain- Affording liability protection to those ing the activities alleged in the complaints, tiffs to participate in the litigation before companies believed to have assisted the Gov- and this amendment would permit plaintiffs the FISA Court. This poses a very serious ernment with communications intelligence to participate in proceedings before the risk of disclosure to plaintiffs of classified activities in the aftermath of September FISA Court regarding the conduct at issue. facts over which the Government has as- 11th is a just result and is essential to ensur- A judgment finding that a particular com- serted the state secrets privilege and of dis- ing that our intelligence community is able pany is a Government partner also could re- closure of these secrets to the public. The to carry out its mission. After reviewing the sult in the disclosure of highly classified in- FISA Court safeguards national security se- relevant documents, the Intelligence Com- formation regarding intelligence sources and crets precisely because the proceedings are mittee determined that providers had acted methods and hurt the company’s reputation generally ex parte—only the Government ap- in response to written requests or directives overseas. In addition, the companies would pears. The involvement of plaintiffs also is stating that the activities had been author- still face many of the burdens of litigation— likely to prolong the litigation. Second, as- ized by the President and had been deter- including attorneys’ fees and disruption to sembling the FISA Court for en banc hear- mined to be lawful. In its Conference Report, their businesses from discovery—because ings on these cases could cause delays in the the Committee ‘‘concluded that the pro- their conduct will be the key question in the disposition of the cases. Third, the amend- viders . . . had a good faith basis’’ for re- litigation. Such litigation could deter pri- ment would purport to abrogate the state se- sponding to the requests for assistance they vate sector entities from providing assist- crets privilege with respect to proceedings in received. The Senate Intelligence Committee ance to the intelligence community in the the FISA Court. This would pose a serious ultimately agreed to necessary immunity future, Finally, the lawsuits could result in risk of harm to the national security by pos- protections on a nearly-unanimous, bipar- the expenditure of taxpayer resources, as the sibly allowing plaintiffs access to highly tisan, 13–2 vote. Twelve Members of the Com- U.S. Treasury would be responsible for the classified information about sensitive intel- mittee subsequently rejected a motion to payment of an adverse judgment. If this ligence activities, sources, and methods. The strike this provision. amendment is part of the bill that is pre- conclusion of the FISA Court also may re- The immunity offered in S. 2248 applies sented to the President, we, as well as the veal sensitive information to the public and only in a narrow set of circumstances. An ac- President’s other senior advisors, will rec- our adversaries. Beyond these serious policy tion may be dismissed only if the Attorney ommend that he veto the bill. considerations, it also would raise very seri- General certifies to the court that either: (i) FISA Court Involvement in Determining ous constitutional questions about the au- the electronic communications service pro- Immunity (No. 3919). This amendment would thority of Congress to abrogate the constitu- vider did not provide the assistance; or (ii) require all judges of the FISA Court to deter- tionally-based privilege over national secu- the assistance was provided in the wake of mine whether the written requests or direc- rity information within the Executive’s con- the September 11th attacks, and was de- tives from the Government complied with 18 trol. This is unnecessary, because classified scribed in a written request indicating that U.S.C. § 2511(2)(a)(ii), an existing statutory information may be shared with a court in the activity was authorized by the President protection; whether companies acted in camera and ex parte even when the state se- and determined to be lawful. A court must ‘‘good faith reliance of the electronic com- crets privilege is asserted. Fourth, the review this certification before an action munication service provider on the written amendment does not explicitly provide for may be dismissed. This immunity provision request or directive under paragraph appeal of determinations by the FISA Court. does not extend to the Government or Gov- (1)(A)(ii), such that the electronic commu- Finally, imposing a standard involving an ernment officials, and it does not immunize nication service provider had an objectively ‘‘objectively reasonable belief’’ is likely to any criminal conduct. reasonable belief under the circumstances cause companies in the future to feel com- Providing this liability protection is crit- that the written request or directive was pelled to make an independent finding prior ical to the national security. As the Intel- lawful’’; or whether the companies did not to complying with a lawful Government re- ligence Committee recognized, ‘‘the intel- participate in the alleged intelligence activi- quest for assistance. Those companies do not ligence community cannot obtain the intel- ties. have access to information necessary to ligence it needs without assistance from This amendment is not acceptable. It is for make this judgment. Imposition of such a these companies.’’ That committee also rec- Congress, not the courts, to make the public standard could cause dangerous delays in ognized that companies in the future may be policy decision whether to grant liability critical intelligence operations and put our less willing to assist the Government if they protection to telecommunications companies national security at risk. As the Intelligence face the threat of private lawsuits each time who are being sued simply because they are Committee recognized in its report on S. they are alleged to have provided assistance. alleged to have assisted the Government in 2248, ‘‘the intelligence community cannot ob- The committee concluded that: ‘‘The pos- the aftermath of the September 11th attacks. tain the intelligence it needs without assist- sible reduction in intelligence that might re- The Senate Intelligence Committee has re- ance from these companies.’’ For these rea- sult from this delay is simply unacceptable viewed the relevant documents and con- sons, existing law rightly places no such ob- for the safety of our Nation.’’ Allowing concluded that those who assisted the Govern- ligation on telecommunications companies. tinued litigation also risks the disclosure of ment acted in good faith and received writ- If this amendment is part of the bill that highly classified information regarding inten assurances that the activities were law- is presented to the President, we, as well as telligence sources and methods. In addition ful and being conducted pursuant to a Presi- the President’s other senior advisors, will to providing an advantage to our adver- dential authorization. This amendment ef- recommend that he veto the bill. saries, the potential disclosure of classified fectively sends a message of no-confidence to III. OTHER AMENDMENTS the companies who helped our Nation pre- information puts the facilities and personnel Imposing a Short Sunset on the Legisla- vent terrorist attacks in the aftermath of of electronic communication service pro- tion (No. 3930). This amendment would short- the deadliest foreign attacks on U.S. soil. viders at risk. en the existing sunset provision in S. 2248 Transferring a policy decision critical to our For these reasons, we, as well as the Presi- from six years to four years. We strongly op- dent’s other senior advisors, will recommend national security to the FISA Court, which pose it. S. 2248 should not have an expiration that he veto any bill that does not afford li- would be limited in its consideration to the date at all. The threats we face do not come ability protection to these companies. particular matter before them (without any with an expiration date, and our authorities Substituting the Government as the De- consideration of the impact of immunity on to counter those threats should be placed on fendant in Litigation (No. 3927). This amend- our national security), is unacceptable. a permanent foundation. They should not be ment would substitute the United States as In contrast to S. 2248, this amendment in a continual state of doubt. Any sunset the party defendant for any covered civil ac- would not allow for the expeditious dismissal provision withholds from our intelligence tion against a telecommunications provider of the relevant litigation. Rather, this professionals and our private partners the if certain conditions are met. The Govern- amendment would do little more than trans- certainty and permanence they need to pro- ment would be substituted if the FISA Court fer the existing litigation to the full FISA tect Americans from terrorism and other determined that the company received a Court and would likely result in protracted threats to the national security. The intel- written request that complied with 18 U.S.C. litigation. The standards in the amendment ligence community operates much more ef- § 2511(2)(a)(ii)(B), an existing statutory pro- also are ambiguous and would likely require fectively when the rules governing our intel- tection; the company acted in ‘‘good faith fact-finding on the issue of good faith and ligence professionals’ ability to track our ad- . . . pursuant to an objectively reasonable whether the companies ‘‘had an objectively versaries are established and are not chang- belief’’ that compliance with the written re- reasonable belief’’ that assisting the Govern- ing from year to year. Stability of law also quest was permitted by law; or that the comment was lawful—even though the Senate In- allows the intelligence community and our pany did not participate. telligence Committee has already studied private partners to invest resources appro- Substitution is not an acceptable alter- this issue and concluded such companies did priately. Nor is there any need for a sunset. native to immunity. Substituting the Gov- act in good faith. The companies being sued There has been extensive public discussion, ernment would simply continue the litiga- would continue to be subjected to the bur- debate, and consideration of FISA mod- tion at the expense of the American tax- dens of the litigation, and the continued liti- ernization and there is now a lengthy factual

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S654 CONGRESSIONAL RECORD — SENATE February 5, 2008 record on the need for this legislation. In- isting provisions in S. 2248 pertaining to The ability to cover intelligence gaps cre- deed, Administration officials have been challenges to directives and petitions to ated by new communication paths or tech- working with Congress since at least the compel cooperation by electronic commu- nologies. If the intelligence community un- summer of 2006 on legislation to modernize nication service providers, and we strongly covers such new methods, it will need to act FISA. There also has been extensive congres- support it. to cover these intelligence gaps. sional oversight and reporting regarding the Proliferation of Weapons of Mass Destruc- All of these aspects of our operations are Government’s use of the authorities under tion (No. 3938). This amendment, which subject to great uncertainty and delay if the the Protect America Act. In addition, S. 2248 would apply to surveillance pursuant to tra- authorities of the Protect America Act ex- includes substantial congressional oversight ditional FISA Court orders, would expand pire. Indeed, some critical operations will of the Government’s use of the authorities the definition of ‘‘foreign power’’ to include likely not be possible without the tools pro- provided in the bill. This oversight includes groups engaged in the international provided by the Protect America Act. We will be provision of various written reports to the liferation of weapons of mass destruction. forced to pursue intelligence collection congressional intelligence committees, in- This amendment reflects the threat posed by under FISA’s outdated legal framework—a cluding semiannual assessments by the At- these catastrophic weapons and extends framework that we already know leads to in- torney General and the Director of National FISA to apply to individuals and groups en- telligence gaps. This degradation of our in- Intelligence, assessments by each relevant gaged in the international proliferation of telligence capability will occur despite the agency’s Inspector General, and annual re- such weapons. To the extent that they are fact that, as the Department of Justice has views by the head of any agency conducting not also engaged in international terrorism, notified Congress, the FISA Court has ap- operations under Title VII. Congress can, of FISA currently does not cover those engaged proved our targeting procedures pursuant to course, revisit these issues and amend a stat- in the international proliferation of weapons the Protect America Act. ute at whatever time it chooses. We thereof mass destruction. The amendment would Second, expiration or continued short-term fore urge Congress to provide a long-term so- expand the definition of ‘‘agent of a foreign extensions of the Protect America Act lution to an out-dated FISA and to resist at- power’’ to include non-U.S. persons engaged means that an issue of paramount impor- tempts to impose a short expiration date on in such activities, even if they cannot be tance will not be addressed. This is the issue this legislation. Although we believe that connected to a foreign power before the sur- of providing liability protection for those any sunset is unwise and unnecessary, we veillance is initiated. The amendment would who provided vital assistance to the Nation support S. 2248 despite its six-year sunset be- close an existing gap in FISA’s coverage after September 11, 2001. Senior leaders of cause it meets our operational needs to keep with respect to surveillance conducted pur- the intelligence community have consist- the country safe by providing needed au- suant to traditional FISA Court orders, and ently emphasized the critical need to address thorities and liability protection. we strongly support it. this issue since 2006. See, ‘‘FISA for the 21st Imposes Court Review of Compliance with Exclusive Means (No. 3910). We understand Century’’ hearing before the Senate Judici- Minimization Procedures (No. 3920). This that the amendment relating to the exclu- ary Committee with Director of the Central amendment, which was part of the Judiciary sive means provision in S. 2248 is undergoing Intelligence Agency and Director of the Na- Committee substitute, would allow the FISA additional revision. As a result, we are with- tional Security Agency; 2007 Annual Threat Court to review compliance with minimiza- holding comment on this amendment and its Assessment Hearing before the Senate Select tion procedures that are used on a pro- text at this time. We note, however, that we Committee on Intelligence with Director of grammatic basis for the acquisition of for- support the provision currently contained in National Intelligence. Ever since the first eign intelligence information by targeting S. 2248 and to support its modification, we Administration proposal to modernize FISA individuals reasonably believed to be outside would have to conclude that the amendment in April 2007, the Administration had noted the United States. We strongly oppose this provides for sufficient flexibility to permit that meeting the intelligence community’s amendment. It could place the FISA Court in the President to protect the Nation ade- operational needs had two critical compo- a position where it would conduct individual- quately in times of national emergency. nents—modernizing FISA’s authorities and ized review of the intelligence community’s providing liability protection. The Protect IV. EXPIRATION foreign communications intelligence activi- America Act updated FISA’s legal frame- ties. While conferring such authority on the While it is essential that any FISA mod- work, but it did not address the need for li- court is understandable in the context of tra- ernization presented to the President provide ability protection. ditional FISA collection, it is anomalous in the intelligence community with the tools it As we have discussed above, and the Sen- this context, where the court’s role is in ap- needs while safeguarding the civil liberties ate Intelligence Committee recognized, proving generally applicable procedures for of Americans, it is also vital that Congress ‘‘without retroactive immunity, the private collection targeting individuals outside the not permit the authorities of the Protect sector might be unwilling to cooperate with United States. America Act not be allowed simply to expire. lawful Government requests in the future Congress is aware of the substantial over- As you are aware, the Protect America Act, without unnecessary court involvement and sight of the use of the authorities contained which allowed us temporarily to close gaps protracted litigation.’’ As it concluded, in the Protect America Act. As noted above, in our intelligence collection, was to sunset ‘‘[t]he possible reduction in intelligence that S. 2248 significantly increases such oversight on February 1, 2008. Because Congress indi- might result from this delay is simply unac- by mandating semiannual assessments by cated that it was ‘‘a legislative impos- ceptable for the safety of our Nation.’’ In the Attorney General and the Director of Na- sibility’’ to meet this deadline, it passed and short, if the absence of retroactive liability tional Intelligence, assessments by each rel- the President signed a fifteen-day extension. protection leads to private partners not co- evant agency’s Inspector General, and an- Failure to pass long-term legislation during operating with foreign intelligence activi- nual reviews by the head of any agency con- this period would degrade our ability to ob- ties, we can expect more intelligence gaps. ducting operations under Title VII, as well tain vital foreign intelligence information, Questions surrounding the legality of the as extensive reporting to Congress and to the including the location, intentions, and capa- Government’s request for assistance fol- FISA Court. The repeated layering of over- bilities of terrorists and other foreign intel- lowing September 11th should not be re- lapping oversight requirements on one as- ligence targets abroad. solved in the context of suits against private pect of intelligence community operations is First, the expiration of the authorities in parties. By granting responsible liability both unnecessary and not the best use of the Protect America Act would plunge crit- protection, S. 2248 ‘‘simply recognizes that, limited resources and expertise. ical intelligence programs into a state of un- in the specific historical circumstances here, Expedited FISA Court Review of Chal- certainty which could cause us to delay the if the private sector relied on written rep- lenges and Petitions to Compel Compliance gathering of, or simply miss, critical foreign resentations that high-level Government of- (No. 3941). This amendment would require intelligence information. Expiration would ficials had assessed the [the President’s] pro- the FISA Court to make an initial ruling on result in a degradation of critical tools nec- gram to be legal, they acted in good faith the frivolousness of a challenge to a direc- essary to carry out our national security and should be entitled to protection from tive issued under the bill within five days, mission. Without these authorities, there is civil suit.’’ Likewise, we do not believe that and to review any challenge that requires significant doubt surrounding the future of it is constructive—indeed, it is destructive— plenary review within 30 days. The amend- aspects of our operations. For instance, expi- to degrade the ability of the intelligence ment also provides that if the Constitution ration would create uncertainty concerning: community to protect the country by pun- requires it, the court can take longer to de- The ability to modify certifications and ishing our private partners who are not part cide the issues before it. The amendment procedures issued under the Protect America of the ongoing debate between the branches sets forth similar procedures for the enforce- Act to reflect operational needs and the im- over their respective powers. ment of directives (i.e., when the Govern- plementation of procedures to ensure that The Protect America Act’s authorities ex- ment seeks to compel an electronic commu- agencies are fully integrated protecting the pire in less than two weeks. The Administra- nication service provider to furnish assist- Nation; tion remains prepared to work with Congress ance or information). This amendment would The continuing validity of liability protec- towards the passage of a FISA modernization ensure that challenges to directives and petition for those who assist us according to the bill that would strengthen the Nation’s in- tions to compel compliance with directives procedures under the Protect America Act; telligence capabilities while respecting and are adjudicated in a manner that avoids The continuing validity of the judicial protecting the constitutional rights of Amer- undue delays in critical intelligence collec- mechanism for compelling the assistance icans, so that the President can sign such a tion. This amendment would improve the ex- needed to protect our national security; bill into law. Passage of S. 2248 and rejection

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S655 of those amendments that would undermine economy under the rules of ilton and Middletown, have seen their it would be a critical step in this direction. globalization, where wages are stag- unemployment compensation run out. We look forward to continuing to work with nant and prices continue to go up. They have been unemployed for 26 you and the Members of the Senate on these Perhaps a more tragic story, only be- weeks or longer—a situation they important issues. cause it involves a larger number of Thank you for the opportunity to present didn’t ask to be in, a situation where our views. The Office of Management and people, perhaps, than Tim: In Hocking they involuntarily were laid off. They Budget has advised us that from the perspec- County in Logan, OH, a community haven’t been able to find a job in this tive of the Administration’s program, there about halfway between Columbus, in economy. Many of them now are in is no objection to the submission of this let- the center of the State, the capital in those food banks in Dayton and Cleve- ter. Athens, the home of Howard Univer- land and Toledo, and many of them are Sincerely, sity, a city on the Ohio River, a town looking for help. That is why it is so MICHAEL B. MUKASEY, of Logan in the County of Hocking, a important that we put money directly Attorney General. county of about 30,000 people, at 3:30 in J.M. MCCONNELL, into the pockets of people, through Director of National the morning on a cold December night, seniors, disabled Americans, and with Intelligence. the people began to line up at the the extension of unemployment com- Mr. KYL. Mr. President, I ask unani- United Methodist Church to go to a pensation benefits. mous consent that during the quorum food pantry. The doors opened at 8. About a week ago, I met with seven call, which I am about to invoke, we People in cars were snaked around the or eight religious leaders representing not have time counted against either whole area in Logan, and by 1 in the several Christian denominations, a side as it runs. afternoon, 2,000 people—7 percent of rabbi and a leader in the Muslim com- The PRESIDING OFFICER. Without the population of Hocking County, an munity who came to my office to talk objection, it is so ordered. Appalachian county where people work about what we need to do to answer the Mr. KYL. Mr. President, I suggest the hard, have raised their kids proudly, call for social justice, the call that absence of a quorum. have taken care of themselves and preaches that regardless of one’s faith, The PRESIDING OFFICER. The their neighbors—2,000 people in this we have a responsibility, those who are clerk will call the roll. community of 30,000 had visited this more privileged, to those who are less The assistant legislative clerk pro- food bank, many of them driving 25 or privileged. This economic stimulus ceeded to call the roll. 30 minutes to get there. package does this. These leaders from Congress, in response, is working on Mr. BROWN. Mr. President, I ask the faith community who visited me an economic stimulus package that is unanimous consent that the order for last week spoke passionately about desperately needed. The Finance Com- the quorum call be rescinded. how, with the LIHEAP program, the mittee has passed a proposal that puts The PRESIDING OFFICER. Without program for the elderly indigent who cash in the hands of working Ameri- objection, it is so ordered. can’t afford their heating bills, with cans and doesn’t turn its back on those Mr. BROWN. I ask unanimous con- food banks and food stamps and the ex- in need. tension of unemployment benefits, sent to speak as in morning business A stimulus package is two things: and that the time I use not be counted what we need to do in this stimulus One, it is to stimulate the economy by package, putting money in the pockets against debate on the pending amend- putting money in the hands of people ments. of middle-class Americans, including 20 who will spend it. Second, it is helping million seniors and 250,000 disabled, The PRESIDING OFFICER. Without those people most victimized, hardest objection, it is so ordered. how that is so very important to cele- hit by the recession. That is why the brate American values. As these reli- ECONOMIC STIMULUS Finance Committee, better than the gious leaders were discussing with me, Mr. BROWN. My home State of Ohio President’s version and the House to celebrate our Nation’s values and to is deep into a foreclosure crisis. Gas version, will do those two things. It celebrate our faith, it is particularly prices are going up, and all energy will stimulate the economy better, and important that we pass a stimulus prices and transportation costs are it will put money in the hands of those package that not just stimulates the going up. More Americans are living who have suffered, who have been hard- economy but helps those people most paycheck to paycheck, hand to mouth, est hit. I applaud the committee for in need who have most been hurt by some not even that lucky. Congress is taking the plight of every American, this recession. now working on an economic stimulus retirees and disabled veterans, into I yield the floor and suggest the ab- package, one that is desperately need- consideration. sence of a quorum. ed. Let me tell the story about some- The Finance Committee package The PRESIDING OFFICER. The thing that happened last month in my aims at jump-starting this stalled clerk will call the roll. home State of Ohio to illustrate how economy. For those who are facing in The assistant legislative clerk pro- this recession, which has clearly al- too many cases heat or eat, whether ceeded to call the roll. ready swept across my State, has had they can afford food or paying the Mr. REID. Mr. President, I ask unan- an impact on families, on middle-class heating bills, it will provide immediate imous consent that the order for the families, on families who consider assistance. quorum call be rescinded. themselves middle class and sometimes Importantly, the Finance Committee The PRESIDING OFFICER. Without do not—a couple of stories. package provides relief to 20 million objection, it is so ordered. One is from Tim in Cleveland. Tim seniors and 250,000 disabled Americans told us that for some time, he and his who were left out of the other package f wife had volunteered at a food bank. under consideration, the package most They donated money to this food bank. of my Republican friends are sup- RECOVERY REBATES AND ECO- Over time, as his budget got tighter, porting, the one without help for NOMIC STIMULUS FOR THE his pay wasn’t keeping up with the cost 250,000 disabled and 20 million seniors. AMERICAN PEOPLE ACT OF 2008— of gasoline, heating, the increasing Some Republicans, those who are a bit MOTION TO PROCEED cost of food, and he no longer contrib- more courageous and more willing to Mr. REID. Mr. President, I ask unan- uted to the food bank, but he and his break with the President and their imous consent that the Senate resume wife kept working there. More re- Senate leadership, are supporting the consideration of the motion to proceed cently, Tim said that he began to go to package that includes 20 million sen- to H.R. 5140, the economic stimulus the food bank for food. He said he was iors and 250,000 disabled Americans. bill. a bit embarrassed by that, which he The Finance Committee package in- The PRESIDING OFFICER. Without should not have been, and said: I used cludes an extension of unemployment objection, it is so ordered. to consider myself middle class. Now I insurance, which is a crucial and com- Is there further debate? do not. He has held the same job, monsense response in an economic If not, the question is on agreeing to worked the same long hours, but he is downturn. An awful lot of Ohioans, in the motion. simply not able to keep up with an Toledo and Lima and Dayton and Ham- The motion was agreed to.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S656 CONGRESSIONAL RECORD — SENATE February 5, 2008 RECOVERY REBATES AND ECO- This section shall take effect 4 days after tory quorum required under rule XXII NOMIC STIMULUS FOR THE enactment. be waived. AMERICAN PEOPLE ACT OF 2008 MOTION TO COMMIT The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I now move objection, it is so ordered. ate will proceed to H.R. 5140, which the to commit the bill to the Finance Com- Mr. REID. Mr. President, I ask unan- clerk will report by title. mittee with instructions to report back imous consent that the Senate resume The legislative clerk read as follows: immediately with an amendment. consideration of H.R. 5140 at 4:30 p.m. A bill (H.R. 5140) to provide economic stim- The PRESIDING OFFICER. The tomorrow, Wednesday, February 6; ulus through recovery rebates to individuals, clerk will report. that a vote on the motion to invoke incentives for business investment, and an The legislative clerk read as follows: cloture on the Reid first-degree amend- increase in conforming and FHA loan limits. The Senator from Nevada [Mr. REID] moves ment occur at 5:45 p.m., with the time The PRESIDING OFFICER. The ma- to commit H.R. 5140 to the Committee on Fi- from 4:30 p.m. to 5:45 p.m. be for debate jority leader is recognized. nance with instructions to report back forth- with respect to the cloture motion, with with an amendment numbered 3985. AMENDMENT NO. 3983 with the time equally divided and con- Mr. REID. Mr. President, I ask unan- trolled between the two leaders and (Purpose: To provide a perfecting amendment) imous consent that reading of the their designees, with the final 30 min- Mr. REID. Mr. President, I have an amendment be dispensed with. utes prior to the vote divided 15 min- amendment at the desk, and I ask for The PRESIDING OFFICER. Without utes each for the Republican leader and its consideration. objection, it is so ordered. the majority leader, with the majority The PRESIDING OFFICER. The The amendment is as follows: leader controlling the final 15 minutes; and that Members have until 4 p.m. to clerk will report. AMENDMENT NO. 3985 file any germane second-degree amend- The legislative clerk read as follows: At the end insert the following: ments. The Senator from Nevada [Mr. REID] pro- This section shall become effective 3 days poses an amendment numbered 3983. after enactment of the bill. The PRESIDING OFFICER. Is there objection? Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask for Mr. REID. If the Senator would with- imous consent that reading of the the yeas and nays. hold. amendment be dispensed with. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Without sufficient second? jority leader. objection, it is so ordered. There appears to be a sufficient sec- Mr. REID. OK. (The amendment is printed in today’s ond. The PRESIDING OFFICER. Is there RECORD under ‘‘Text of Amendments.’’) The yeas and nays were ordered. objection? Mr. REID. Mr. President, I ask for AMENDMENT NO. 3986 Mr. MCCONNELL. Mr. President, re- the yeas and nays. Mr. REID. Mr. President, I have an The PRESIDING OFFICER. Is there a serving the right to object, I ask unani- amendment at the desk, and I ask that mous consent that the consent be sufficient second? it be reported at this time. There appears to be a sufficient sec- modified so that if cloture is not in- The PRESIDING OFFICER. The voked on the Finance amendment, that ond. clerk will report. The yeas and nays were ordered. amendment be withdrawn and the Sen- The legislative clerk read as follows: ate proceed to a vote on the McCon- CLOTURE MOTION The Senator from Nevada [Mr. REID] pro- nell-Stevens amendment regarding sen- Mr. REID. Mr. President, I have a poses an amendment numbered 3986 to the iors, veterans, and illegal immigrants, cloture motion at the desk. instructions of the Reid motion to commit. and that following the disposition of The PRESIDING OFFICER. The clo- Mr. REID. Mr. President, I ask unan- these amendments, the bill, as amend- ture motion having been presented imous consent that reading of the ed, if amended, be read a third time under rule XXII, the Chair directs the amendment be dispensed with. and the Senate proceed to a vote on clerk to read the motion. The PRESIDING OFFICER. Without passage. The legislative clerk read as follows: objection, it is so ordered. The PRESIDING OFFICER. Is there CLOTURE MOTION The amendment is as follows: objection? We, the undersigned Senators, in accord- On line 2, Mr. REID. Mr. President, I respect- ance with the provisions of rule XXII of the Strike 3 and insert 2. fully object to the request. Standing Rules of the Senate, hereby move to bring to a close debate on amendment No. Mr. REID. Mr. President, I ask for The PRESIDING OFFICER. Objec- 3983 to H.R. 5140, the economic stimulus bill. the yeas and nays. tion is heard. Herb Kohl, Max Baucus, Mark L. Pryor, The PRESIDING OFFICER. Is there a Is there objection to the majority Byron L. Dorgan, Robert Menendez, sufficient second? leader’s request? Jon Tester, Christopher J. Dodd, Bar- There appears to be a sufficient sec- Without objection, it is so ordered. bara A. Mikulski, Joseph I. Lieberman, ond. Mr. REID. I suggest the absence of a Frank R. Lautenberg, Daniel K. Akaka, The yeas and nays were ordered. quorum. Sheldon Whitehouse, Benjamin L. The PRESIDING OFFICER. The Cardin, Robert P. Casey, Jr., Richard AMENDMENT NO. 3987 TO AMENDMENT NO. 3986 Durbin, Claire McCaskill, Harry Reid. Mr. REID. Mr. President, I now call clerk will call the roll. The legislative clerk proceeded to AMENDMENT NO. 3984 TO AMENDMENT NO. 3983 up a second-degree amendment, which call the roll. Mr. REID. Mr. President, I now call is at the desk. Mr. REID. Mr. President, I ask unan- up a perfecting amendment to the The PRESIDING OFFICER. The imous consent that the order for the amendment, which is at the desk. clerk will report. quorum call be rescinded. The PRESIDING OFFICER. The The legislative clerk read as follows: The PRESIDING OFFICER. Without clerk will report. The Senator from Nevada [Mr. REID] pro- objection, it is so ordered. The legislative clerk read as follows: poses an amendment numbered 3987 to amendment No. 3986. The Senator from Nevada [Mr. REID] pro- f poses an amendment numbered 3984 to Mr. REID. Mr. President, I ask unan- amendment No. 3983. imous consent that reading of the MORNING BUSINESS Mr. REID. Mr. President, I ask unan- amendment be dispensed with. Mr. REID. Mr. President, I ask unanimous consent that reading of the The PRESIDING OFFICER. Without imous consent that the Senate now amendment be dispensed with. objection, it is so ordered. proceed to a period for the transaction The PRESIDING OFFICER. Without The amendment is as follows: of morning business, with Senators al- objection, it is so ordered. On line 1, lowed to speak therein for a period of The amendment is as follows: Strike 2 and insert 1. up to 10 minutes each. At the end of the amendment, add the fol- Mr. REID. Mr. President, I now ask The PRESIDING OFFICER. Without lowing: unanimous consent that the manda- objection, it is so ordered.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S657 RETIREMENT OF MARTIN zens. She was instrumental in the cre- fulfill its most important obligation by ‘‘MARTY’’ PAONE ation of many of the Federal health protecting new groups of people as well Mr. BYRD. Mr. President, secretary and educational programs we know as better protecting citizens already for the majority, Mr. Martin Paone, is today and possesses a unique under- covered under deficient laws. I believe leaving the U.S. Senate. I am person- standing of these programs and how in- that by passing this legislation and ally saddened by Marty’s decision be- stitutions can successfully utilize changing current law, we can change cause I have known and worked with them. hearts and minds as well. Marty for nearly 30 years. I take great Carol’s Capitol Hill service, includes f 6 years on the Senate Appropriations pride in the fact that, as Senate major- HONORING OUR ARMED FORCES ity leader, I hired young Marty to work Committee staff and 15 years as a sen- CORPORAL DUNCAN C. CROOKSTON in the Senate Democratic Cloakroom ior staff aide to my West Virginia of- Mr. SALAZAR. Mr. President, I rise in 1979. Three years later, I promoted fice. As a professional staff member of today to honor the memory of CPL him to the floor staff of the Senate the Appropriations Subcommittee on Duncan Crookston, who died recently Democratic Policy Committee. Labor, Health and Human Services, at Brook Army Medial Center in Texas In both positions, Marty performed Education and Related Agencies, she from wounds he sustained when a road- his work for the Senate with incredible was a trusted adviser to subcommittee side blast tore through his humvee on dedication and professionalism. In fact, chairman TOM HARKIN. She regularly September 4, 2007. The attack killed in a floor statement I made on October briefed subcommittee members on Fed- three other soldiers in his vehicle. 11, 1988, I acknowledged the ‘‘dis- eral programs totaling in the billions When he died on January 25, Duncan ciplined, orderly thinking’’ which of dollars. was 1 day shy of his 20th birthday. Marty had brought to his work in the Prior to joining the Appropriations Corporal Crookston’s friends and Senate, and complimented him on his Committee as a professional staffer, family gathered at Fort Logan Na- ‘‘calm demeanor under pressure.’’ Carol worked for Senator Robert P. tional Cemetery in Denver on Saturday I was most pleased, but not surprised, Griffin of Michigan and Congressman to share their memories of a young when Senate Majority Leader Mitchell William T. Cahill of New Jersey. Carol was an exemplary public serv- man of extraordinary energy and tal- selected Marty Paone to be assistant ant who has made a significant, posi- ent who chose to devote himself to the secretary for the majority, and Senate tive difference in the lives of many service of his country. His fellow sol- Majority Leaders Daschle and REID people she may never meet. I thank diers say he chose the Army knowing chose him to be secretary for the ma- Carol for her fine service to her coun- the dangers and accepting the possi- jority. This last position, of course, is try, and wish her well in whatever en- bility of losing his life. He did his job one of the most important positions in deavors she undertakes in her retire- and ‘‘he met his calling,’’ one soldier the Senate. The secretary for the ma- ment years. said. jority is regarded as the Senate’s f Duncan joined the Army shortly ‘‘chief legislative officer’’ because the after graduating from Denver West office digests and processes all legisla- THE MATTHEW SHEPARD ACT OF High School. With his standardized test tive proposals which come before the 2007 scores, any university in the country Senate. Marty thoroughly mastered his Mr. SMITH. Mr. President, I rise would have been lucky to have him, difficult and demanding responsibil- today to speak about the need for hate but he was committed to doing right ities. He has carefully studied the Sen- crimes legislation. Each Congress, Sen- by his Nation and by those with whom ate’s rules and precedents. He under- ator KENNEDY and I introduce hate he served. In the Army, it became im- stands how this great institution really crimes legislation that would strength- mediately clear that he had a mind for works. en and add new categories to current engineering and electronics, so he be- The dedication and diligence which hate crimes law, sending a signal that came the radio-tech operator in his Marty brought to every position in violence of any kind is unacceptable in unit. He could fix almost anything, and which he has served the Senate have our society. Likewise, each Congress I in the toughest conditions. only been enhanced by his friendly, have come to the floor to highlight a For almost 5 months after the Bagh- helpful demeanor. Marty Paone was al- separate hate crime that has occurred dad blast, Corporal Crookston hung on. ways on the job and at the top of his in our country. His wife Meaghun and his mother Lee game. In the early morning of February 2, stayed by his side at Brook Army Med- Mr. President, it will be hard to say 2008, a gay couple, Thomas Colonna and ical Center, helping him in his fight for goodbye, but I wish Marty and his love- Brad Crelia, were walking in the Cap- recovery. His wounds, though, were ly wife Ruby, also a Senate staffer, all itol Hill area of Seattle, when they simply too grave. He had burns over 50 the happiness in the world. were nearly struck by a vehicle. The percent of his body, lost both of his f car then screeched to a halt, and sev- legs, his right arm, and his left hand. eral men exited, yelling anti-gay slurs. There was no limit, it seems, to Cor- RECOGNIZING CAROL MITCHELL The couple attempted to run away, but poral Crookston’s courage. On a mis- Mr. BYRD. Mr. President, I rise to Crelia, who had a broken foot, was un- sion, he always wanted to be out front. recognize one of my former longtime able to move quickly. The attackers In the hospital, he fought the odds to staff members, Carol Mitchell, who for descended upon the two men, still hurl- the end. 15 years helped me improve health care ing epithets as they began to hit them. Corporal Crookston’s courage is all delivery and services throughout West One assailant snatched the cane Crelia the more admirable for the fact that he Virginia and the Nation. Carol has con- had been using to support his weight applied it in service to his country, ful- tinued her contributions to public and began to beat him around the head filling his duty with honor. ‘‘You will health by working in the private sector and face with it. Crelia and Colonna never do anything in this world with- for the past 12 years. both suffered cuts, bruises and broken out courage,’’ the Greek philosopher Carol has decided to retire to enjoy bones as a result of the attack. Police Aristotle once wrote. ‘‘It is the great- more time with her husband David and have not yet made any arrests, but wit- est quality of the mind next to honor.’’ son Rob. I salute Carol for her 30 years nesses have provided descriptions and a It is hard to imagine a more powerful of service to the Congress and for her license plate for the attackers. example of courage than that which loyal and conscientious staff work in I believe that the Government’s first Duncan Crookston and his family dem- my office. duty is to defend its citizens, to defend onstrated over the last few months of Over the years, Carol has worked di- them against the harms that come out his life. There are no words that can rectly with educators, health care pro- of hate. Federal laws intended to pro- capture the pain or grief they must viders and community and business tect individuals from heinous and vio- have endured as they battled for his leaders in West Virginia and through- lent crimes motivated by hate are woe- life. out the country to develop and imple- fully inadequate. This legislation To his wife Meaghun, to his father ment programs which benefit our citi- would better equip the Government to Christopher, to his mother Lee, and to

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S658 CONGRESSIONAL RECORD — SENATE February 5, 2008 his five brothers, our thoughts and what our service men and women like ISAKSON) was added as a cosponsor of S. prayers are with you. You have made a Jeb Neel sacrifice for this great Nation. 573, a bill to amend the Federal Food, sacrifice that a grateful Nation can I thank him for his service.∑ Drug, and Cosmetic Act and the Public never repay. I hope that one day your f Health Service Act to improve the pre- sorrow will salved by your pride in vention, diagnosis, and treatment of MESSAGES FROM THE PRESIDENT knowing that Duncan served the Na- heart disease, stroke, and other cardio- tion with overwhelming honor, cour- Messages from the President of the vascular diseases in women. age, and dignity. He will never be for- United States were communicated to S. 625 the Senate by Mrs. Neiman, one of his gotten. At the request of Mr. KENNEDY, the secretaries. f name of the Senator from Louisiana f ADDITIONAL STATEMENTS (Ms. LANDRIEU) was added as a cospon- EXECUTIVE MESSAGES REFERRED sor of S. 625, a bill to protect the public As in executive session the Presiding health by providing the Food and Drug TRIBUTE TO CORPORAL JUSTIN B. Officer laid before the Senate messages Administration with certain authority ‘‘JEB’’ NEEL from the President of the United to regulate tobacco products. ∑ Mr. PRYOR. Mr. President, it is with States submitting sundry nominations S. 626 great pleasure that today I commend a which were referred to the appropriate At the request of Mr. KENNEDY, the great American and Arkansan on his committees. name of the Senator from Montana last day of duty in the Marine Corps. (The nominations received today are (Mr. TESTER) was added as a cosponsor Cpl Justin B. ‘‘Jeb’’ Neel grew up in printed at the end of the Senate pro- of S. 626, a bill to amend the Public Little Rock and attended Little Rock ceedings.) Health Service Act to provide for ar- Catholic High where he was a member f thritis research and public health, and for other purposes. of their prestigious and well-known REPORTS OF COMMITTEES Marine Junior Reserve Officer Training S. 836 The following reports of committees Corps. He went on to graduate from the At the request of Mr. LAUTENBERG, were submitted: University of Arkansas, my alma the name of the Senator from Ohio By Mr. DORGAN, from the Committee on (Mr. BROWN) was added as a cosponsor mater, with his bachelor’s of art in Indian Affairs, without amendment: criminal justice. He was also a member S. 310. A bill to express the policy of the of S. 836, a bill to amend the Federal of the Sigma Alpha Epsilon fraternity, United States regarding the United States Water Pollution Control Act to author- of which I am a member. relationship with Native Hawaiians and to ize appropriations for sewer overflow Upon his graduation in 2003, Jeb en- provide a process for the recognition by the control grants. United States of the Native Hawaiian gov- listed in the Marine Corps and an- S. 911 swered the call to serve his country. erning entity (Rept. No. 110–260). By Mr. INOUYE, from the Committee on At the request of Mr. REED, the After completing boot camp in San Commerce, Science, and Transportation, names of the Senator from Virginia Diego, Jeb was assigned to the Marine with amendments: (Mr. WEBB) and the Senator from Barracks in Washington, DC. While S. 1892. A bill to reauthorize the Coast Washington (Ms. CANTWELL) were there, Jeb served as a member of the Guard for fiscal year 2008, and for other pur- added as cosponsors of S. 911, a bill to world famous U.S. Marine Body Bearer poses (Rept. No. 110–261). amend the Public Health Service Act section. This small but vital group is f to advance medical research and treat- composed of marines within one of the INTRODUCTION OF BILLS AND ments into pediatric cancers, ensure ceremonial drill companies at the Ma- JOINT RESOLUTIONS patients and families have access to rine Barracks. The following bills and joint resolu- the current treatments and informa- As a marine in Bravo Company, Jeb tions were introduced, read the first tion regarding pediatric cancers, estab- was charged with the difficult duty of and second times by unanimous con- lish a population-based national child- receiving marines who had been killed sent, and referred as indicated: hood cancer database, and promote in Iraq and Afghanistan. Eventually, public awareness of pediatric cancers. Jeb was called to serve in the global By Mr. DEMINT: S. 2592. A bill to amend the Internal Rev- S. 1335 war on terror, and in February 2007, he enue Code of 1986 to provide for permanent At the request of Mr. INHOFE, the deployed to Al Anbar Province in west- tax incentives for economic growth; to the name of the Senator from Alabama ern Iraq. While in Al Anbar, Jeb and Committee on Finance. (Mr. SESSIONS) was added as a cospon- his fellow marines performed missions By Mr. BINGAMAN (for himself, Mr. sor of S. 1335, a bill to amend title 4, that included month-long hikes up the DOMENICI, Mrs. FEINSTEIN, Mr. United States Code, to declare English ALLARD, Mr. WYDEN, Mr. SALAZAR, Euphrates River searching for weapons as the official language of the Govern- caches and fallen marines. They also Ms. CANTWELL, Mr. CRAIG, Mr. AKAKA, and Mr. CRAPO): ment of the United States, and for performed foot patrols in cities across S. 2593. A bill to establish a program at the other purposes. Al Anbar including Fallujah and Hit. Forest Service and the Department of the In- S. 1411 By all accounts Jeb and his fellow ma- terior to carry out collaborative ecological At the request of Mr. LAUTENBERG, rines greatly contributed to the mis- restoration treatments for priority forest sion of increasing peace and stability landscapes on public land, and for other pur- the name of the Senator from New Jer- for the Iraqi people. poses; to the Committee on Energy and Nat- sey (Mr. MENENDEZ) was added as a co- Jeb returned from Iraq at the end of ural Resources. sponsor of S. 1411, a bill to amend the 2007 to his strong and supportive fam- f Clean Air Act to establish within the ily and finished the rest of his military Environmental Protection Agency an SUBMISSION OF CONCURRENT AND office to measure and report on green- service at Camp Lejeune. I am proud to SENATE RESOLUTIONS have citizens like Jeb from the State of house gas emissions of Federal agen- The following concurrent resolutions Arkansas who so valiantly and honor- cies. and Senate resolutions were read, and ably serve this Nation. S. 1576 referred (or acted upon), as indicated: I had the pleasure of having break- At the request of Mr. KENNEDY, the fast with Jeb before he deployed to By Mrs. DOLE: name of the Senator from New Jersey S. Res. 443. A resolution designating Feb- (Mr. MENENDEZ) was added as a cospon- Iraq, and I was truly inspired and im- ruary 2008 as ‘‘Go Direct Month’’; considered pressed by his commitment and duty to and agreed to. sor of S. 1576, a bill to amend the Pub- lic Health Service Act to improve the our country. It is with great thanks f that I commend Corporal Neel for his health and healthcare of racial and service. Today, Jeb leaves the Marine ADDITIONAL COSPONSORS ethnic minority groups. Corps and moves on to do other great S. 573 S. 1661 things with his life. I think we should At the request of Ms. STABENOW, the At the request of Mr. DORGAN, the all take this opportunity to recognize name of the Senator from Georgia (Mr. names of the Senator from New Jersey

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S659 (Mr. MENENDEZ) and the Senator from moting the reduction of global poverty, Senator from Minnesota (Mr. COLE- Maryland (Mr. CARDIN) were added as the elimination of extreme global pov- MAN), the Senator from New Hampshire cosponsors of S. 1661, a bill to commu- erty, and the achievement of the Mil- (Mr. SUNUNU) and the Senator from nicate United States travel policies lennium Development Goal of reducing Vermont (Mr. LEAHY) were added as co- and improve marketing and other ac- by one-half the proportion of people sponsors of S. Res. 432, a resolution tivities designed to increase travel in worldwide, between 1990 and 2015, who urging the international community to the United States from abroad. live on less than $1 per day. provide the United Nations-African S. 1843 S. 2550 Union Mission in Sudan with essential At the request of Mr. KENNEDY, the At the request of Mrs. HUTCHISON, the tactical and utility helicopters. name of the Senator from Virginia (Mr. names of the Senator from Washington At the request of Mr. BIDEN, the name of the Senator from Vermont WEBB) was added as a cosponsor of S. (Mrs. MURRAY) and the Senator from (Mr. SANDERS) was added as a cospon- 1843, a bill to amend title VII of the Tennessee (Mr. ALEXANDER) were added Civil Rights Act of 1964 and the Age as cosponsors of S. 2550, a bill to amend sor of S. Res. 432, supra. Discrimination in Employment Act of title 38, United States Code, to prohibit S. RES. 434 1967 to clarify that an unlawful prac- the Secretary of Veterans Affairs from At the request of Mr. BIDEN, the tice occurs each time compensation is collecting certain debts owed to the names of the Senator from Indiana paid pursuant to a discriminatory com- United States by members of the (Mr. BAYH) and the Senator from Geor- pensation decision or other practice, Armed Forces and veterans who die as gia (Mr. ISAKSON) were added as co- and for other purposes. a result of an injury incurred or aggra- sponsors of S. Res. 434, a resolution designating the week of February 10–16, S. 1906 vated on active duty in a combat zone, 2008, as ‘‘National Drug Prevention and At the request of Mr. COLEMAN, the and for other purposes. Education Week’’. name of the Senator from Georgia (Mr. S. 2559 AMENDMENT NO. 3938 ISAKSON) was added as a cosponsor of S. At the request of Mr. DODD, the name At the request of Mr. BOND, the name 1906, a bill to understand and com- of the Senator from Maine (Ms. COL- of the Senator from West Virginia (Mr. prehensively address the oral health LINS) was added as a cosponsor of S. ROCKEFELLER) was added as a cospon- problems associated with methamphet- 2559, a bill to amend title II of the So- sor of amendment No. 3938 proposed to amine use. cial Security Act to increase the level S. 2248, an original bill to amend the S. 2071 of earnings under which no individual Foreign Intelligence Surveillance Act who is blind is determined to have At the request of Mrs. FEINSTEIN, the of 1978, to modernize and streamline demonstrated an ability to engage in name of the Senator from Iowa (Mr. the provisions of that Act, and for substantial gainful activity for pur- GRASSLEY) was added as a cosponsor of other purposes. S. 2071, a bill to enhance the ability to poses of determining disability. AMENDMENT NO. 3941 combat methamphetamine. S. 2561 At the request of Mr. BOND, the name S. 2173 At the request of Mr. REID, the name of the Senator from West Virginia (Mr. At the request of Mr. HARKIN, the of the Senator from Nevada (Mr. EN- ROCKEFELLER) was added as a cospon- name of the Senator from Nevada (Mr. SIGN) was added as a cosponsor of S. sor of amendment No. 3941 proposed to ENSIGN) was added as a cosponsor of S. 2561, a bill to require the Secretary of S. 2248, an original bill to amend the 2173, a bill to amend the Elementary the Interior to conduct a theme study Foreign Intelligence Surveillance Act and Secondary Education Act of 1965 to to identify sites and resources to com- of 1978, to modernize and streamline improve standards for physical edu- memorate and interpret the Cold War. the provisions of that Act, and for cation. S. 2566 other purposes. S. 2314 At the request of Mr. ISAKSON, the f At the request of Mr. SALAZAR, the names of the Senator from Tennessee STATEMENTS ON INTRODUCED name of the Senator from Washington (Mr. CORKER), the Senator from Alaska BILLS AND JOINT RESOLUTIONS (Ms. CANTWELL) was added as a cospon- (Ms. MURKOWSKI), the Senator from sor of S. 2314, a bill to amend the Inter- Kansas (Mr. ROBERTS) and the Senator By Mr. BINGAMAN (for himself, nal Revenue Code of 1986 to make geo- from New Hampshire (Mr. SUNUNU) Mr. DOMENICI, Mrs. FEINSTEIN, thermal heat pump systems eligible for were added as cosponsors of S. 2566, a Mr. ALLARD, Mr. WYDEN, Mr. the energy credit and the residential bill to amend the Internal Revenue SALAZAR, Ms. CANTWELL, Mr. energy efficient property credit, and Code of 1986 to provide a Federal in- CRAIG, Mr. AKAKA, and Mr. for other purposes. come tax credit for certain home pur- CRAPO): S. 2368 chases. S. 2593. A bill to establish a program at the Forest Service and the Depart- At the request of Mr. PRYOR, the S. 2577 ment of the Interior to carry out col- name of the Senator from Maine (Ms. At the request of Mr. LAUTENBERG, laborative ecological restoration treat- SNOWE) was added as a cosponsor of S. the name of the Senator from Mary- ments for priority forest landscapes on 2368, a bill to provide immigration re- land (Ms. MIKULSKI) was added as a co- form by securing America’s borders, sponsor of S. 2577, a bill to establish public land, and for other purposes; to clarifying and enforcing existing laws, background check procedures for gun the Committee on Energy and Natural and enabling a practical employer shows. Resources. Mr. BINGAMAN. Mr. President, verification program. S. 2578 today, I am introducing the Forest S. 2408 At the request of Mr. COLEMAN, the Landscape Restoration Act. I developed At the request of Mr. KERRY, the name of the Senator from Ohio (Mr. this bill with Senators DOMENICI and name of the Senator from Tennessee BROWN) was added as a cosponsor of S. FEINSTEIN, and I am pleased they have (Mr. ALEXANDER) was added as a co- 2578, a bill to temporarily delay appli- joined as cosponsors. The bill also is sponsor of S. 2408, a bill to amend title cation of proposed changes to Medicaid cosponsored by Senators ALLARD, XVIII of the Social Security Act to repayment rules for case management WYDEN, SALAZAR, CANTWELL, CRAIG, quire physician utilization of the Medi- and targeted case management serv- AKAKA, and CRAPO. I also am pleased care electronic prescription drug pro- ices. that Chairman GRIJALVA will be intro- gram. S. RES. 432 ducing a companion bill in the House of S. 2433 At the request of Mr. LUGAR, the Representatives, and I look forward to At the request of Mr. LUGAR, his names of the Senator from North Caro- working with him as his subcommittee name was added as a cosponsor of S. lina (Mr. BURR), the Senator from Ne- in the Natural Resources Committee 2433, a bill to require the President to braska (Mr. HAGEL), the Senator from moves forward with the bill. develop and implement a comprehen- Ohio (Mr. VOINOVICH), the Senator from The bill establishes a program to se- sive strategy to further the United Georgia (Mr. ISAKSON), the Senator lect and fund projects that restore for- States foreign policy objective of pro- from North Carolina (Mrs. DOLE), the ests at a landscape scale through a

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S660 CONGRESSIONAL RECORD — SENATE February 5, 2008 process that encourages collaboration, quiring collaboration and the best tablishing natural fire regimes and reducing relies on the best available science, fa- available science to form the founda- the risk of uncharacteristic wildfire; and cilitates local economic development, tion for landscape restoration. (4) demonstrates the degree to which— Despite the importance of landscape- (A) various ecological restoration tech- and leverages local funds with national niques— and private funding. scale restoration, neither the National (i) achieve ecological health objectives; As many of my colleagues know, we Fire Plan, nor the Healthy Forests and are facing serious forest health and Restoration Act, nor any of our other (ii) affect wildfire activity and manage- wildfire challenges in many of our Na- efforts have been very successful in fa- ment costs; and tional Forests. A century of over-ag- cilitating restoration and hazardous (B) the use of forest restoration byproducts gressive fire suppression, logging, and fuels reduction on landscape scales. A can offset treatment costs while benefitting other land uses have significantly dete- lack of sufficient funding is one of the rural economies and improving forest health. riorated entire landscapes. These con- primary reasons. Restoring landscapes SEC. 3. DEFINITIONS. takes a significant amount of funding In this Act: ditions have played an important role (1) FUND.—The term ‘‘Fund’’ means the in the extraordinary wildfires and in- over a significant period of time. That Collaborative Forest Landscape Restoration sect-caused mortality we have seen on has proven to be beyond the capacity of Fund established by section 4(f). millions of acres of National Forest the local and regional agency budgets. (2) PLAN.—The term ‘‘Plan’’ means the and other lands. To address these prob- To address this problem, the Forest plan entitled the ‘‘10 Year Comprehensive lems, it is critical to begin trying to Landscape Restoration Act authorizes Strategy Implementation Plan’’ and dated restore our forests at a landscape scale. $40 million per year for 10 years to be December 2006. paid into a national pool. Eligible land- (3) PROGRAM.—The term ‘‘program’’ means Landscape-scale restoration is impor- the Collaborative Forest Landscape Restora- tant because, first, it is key to control- scape restoration projects from around the country would compete for a portion Program established under section 4(a). ling wildfire suppression costs, which is (4) SECRETARY.—The term ‘‘Secretary’’ one of the issues that is emphasized in tion of that money. Forty million dol- means the Secretary of Agriculture, acting our bill. Wildland fire appropriations lars is not nearly enough money to through the Chief of the Forest Service. have more than tripled in the last dec- fund landscape-scale treatments in all SEC. 4. COLLABORATIVE FOREST LANDSCAPE ade, and we are now spending billions of the forest landscapes in need of res- RESTORATION PROGRAM. toration, but it is a realistic amount of (a) IN GENERAL.—The Secretary, in con- every year trying to suppress fires. We sultation with the Secretary of the Interior, will not be able to get control of the funding, and it is enough to make landscape-scale restoration a reality. shall establish a Collaborative Forest Land- ballooning costs of fire suppression scape Restoration Program to select and until we can allow more fires to play Because of funding and other chal- fund ecological restoration treatments for their natural, beneficial role in restor- lenges, landscape-scale restoration re- priority forest landscapes in accordance with ing and maintaining healthy, fire-resil- mains largely theoretical. As a result, applicable law. this legislation is designed to be both (b) ELIGIBILITY CRITERIA.—To be eligible ient forests. But that will not be pos- for nomination under subsection (c), a col- sible until we can reduce hazardous practical and experimental. It does not redirect existing efforts. It instead laborative forest landscape restoration pro- fuels and the risk of unnaturally in- posal shall— adds to existing efforts by creating a tense fire on a landscape scale. (1) be based on a landscape restoration So, our bill will help to reduce wild- program that will make planning, strategy that— fire suppression costs through forest funding, and carrying out at least a (A) is complete or substantially complete; restoration. handful of landscape-scale forest res- (B) identifies and prioritizes ecological res- Second, landscape-scale restoration toration projects possible. If it is suc- toration treatments for a 10-year period cessful—and I think it will be—we can across a landscape that is— is an important component of success- (i) at least 50,000 acres; ful economic development, another expand it in the future. I would again like to thank Senators (ii) comprised primarily of forested Na- issue we have emphasized in our bill. In tional Forest System land, but may also in- DOMENICI and FEINSTEIN and the other many cases, forest restoration will not clude other Federal, State, tribal, or private be fiscally viable unless we can put the cosponsors of the bill. I appreciate the land; byproducts of restoration to economic stakeholders who have written to sup- (iii) in need of active ecosystem restora- use. Large-scale forest restoration ef- port this bill, including the Nature tion; and forts can help to provide economies of Conservancy—which has been very sup- (iv) accessible by existing or proposed portive of our effort—American For- wood-processing infrastructure at an appro- scale, and long-term efforts can help to priate scale to use woody biomass and small- provide entrepreneurs with the con- ests, the Forest Guild, Sustainable Northwest, the Watershed Research diameter wood removed in ecological res- fidence that encourages investment toration treatments; and Training Center, and Conservation and initiative. (C) incorporates— So, our bill will help to make the res- Northwest. I look forward to working (i) the best available science and scientific toration economy a reality by facili- with them and the many other stake- application tools in ecological restoration tating the use of restoration byprod- holders as we move forward with the strategies; and ucts. bill. (ii) the requirements for old-growth main- Third, landscape restoration is nec- Mr. President, I ask unanimous con- tenance, restoration, and management direc- sent that the text of the bill be printed tion of paragraphs (2), (3), and (4) of sub- essary for the health of many of our section (e) and the requirements for large- forest ecosystems, which also is em- in the RECORD. There being no objection, the text of tree retention of subsection (f) of section 102 phasized in our bill. We need healthy the bill was ordered to be printed in of the Healthy Forests Restoration Act of landscapes for a clean, abundant, and 2003 (16 U.S.C. 6512); and the RECORD, as follows: controlled water supply. We need them (D) does not include the establishment of for clean air and carbon sequestration. S. 2593 permanent roads; We need them to support fish and wild- Be it enacted by the Senate and House of Rep- (2) be developed and implemented through resentatives of the United States of America in life. And we need healthy forest eco- a collaborative process that— Congress assembled, (A) includes multiple stakeholders rep- systems if they are to have a chance to SECTION 1. SHORT TITLE. resenting diverse interests; survive the pressures of climate This Act may be cited as the ‘‘Forest (B)(i) is transparent and nonexclusive; or change. Fire suppression and other Landscape Restoration Act of 2008’’. (ii) meets the requirements for a resource land uses have caused entire forest SEC. 2. PURPOSE. advisory committee under section 205 of the landscapes to deteriorate, and we can- The purpose of this Act is to encourage the Secure Rural Schools and Community Self- not reverse that deterioration without collaborative, science-based ecosystem res- Determination Act of 2000 (16 U.S.C. 500 note; landscape-level restoration. toration of priority forest landscapes Public Law 106–393); and So, our bill provides a unique pro- through a process that— (C) has an established record of successful (1) encourages ecological, economic, and planning and implementation of ecological gram to conduct comprehensive eco- social sustainability; restoration projects on National Forest Sys- system restoration through landscape- (2) leverages local resources with national tem land; scale treatments. and private resources; (3) describe plans to— Our bill also builds upon the existing (3) facilitates the reduction of wildfire (A) use fire for ecological restoration and successes in forest restoration by re- management costs, including through rees- maintenance, where appropriate;

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S661 (B) improve fish and wildlife habitat, in- scape restoration strategy that would be car- out ecological restoration treatments on Na- cluding for endangered, threatened, and sen- ried out by the Secretary of the Interior; and tional Forest System land for each collabo- sitive species; (C) if actions on land not under the juris- rative forest landscape restoration proposal (C) maintain or improve water quality; diction of the Secretary or the Secretary of selected to be carried out under subsection (D) prevent, remediate, or control inva- the Interior are proposed, the appropriate (d), consisting of— sions of exotic species; Regional Forester shall provide evidence (A) such amounts as are appropriated to (E) maintain or decommission roads; that the landowner intends to participate in, the Fund under paragraph (5); and (F) use woody biomass and small-diameter and provide appropriate funding to carry (B) any interest earned on investment of trees produced from projects implementing out, the actions. amounts in the Fund under paragraph (3). the landscape restoration strategy; (d) SELECTION PROCESS.— (2) EXPENDITURES FROM FUND.—On request (G) report annually on performance, in- (1) IN GENERAL.—After consulting with any by the Secretary, the Secretary of the Treas- cluding through performance measures from scientific and technical advisory panels es- ury shall transfer from the Fund to the Sec- the Plan; tablished under subsection (e), the Sec- retary of Agriculture such amounts as the (H) develop small business incubators and retary, in consultation with the Secretary of Secretary of Agriculture determines are nec- provide employment and training opportuni- the Interior, shall, subject to paragraph (2), essary to carry out ecological restoration ties to people in rural communities, includ- select the best collaborative forest landscape treatments under paragraph (1). ing contracts for monitoring activities, restoration proposals that— (3) INVESTMENT OF AMOUNTS.— through— (A) have been nominated under subsection (A) IN GENERAL.—The Secretary of the (i) local private, nonprofit, or cooperative (c)(2); and Treasury shall invest such portion of the entities; (B) meet the eligibility criteria established Fund as is not, in the judgment of the Sec- (ii) Youth Conservation Corps crews or re- by subsection (b). retary of the Treasury, after consulting with lated partnerships, with State, local, and (2) CRITERIA.—In selecting collaborative the Secretary, required to meet current non-profit youth groups; forest landscape restoration proposals under withdrawals. (iii) small or micro-businesses; or paragraph (1), the Secretary shall give spe- (B) INTEREST-BEARING OBLIGATIONS.—In- (iv) other entities that will hire or train a cial consideration to— vestments may be made only in interest- significant percentage of local people to (A) the strength of the ecological case of bearing obligations of the United States. complete such contracts; and the proposal for landscape restoration and (C) ACQUISITION OF OBLIGATIONS.—For the (I) take into account any applicable com- the proposed restoration strategies; purpose of investments under subparagraph (B) the strength of the collaborative proc- munity wildfire protection plan (as defined (A), obligations may be acquired— ess; in section 101 of the Healthy Forests Res- (i) on original issue at the issue price; or (C) whether the proposal would reduce the toration Act of 2003 (16 U.S.C. 6511)); (ii) by purchase of outstanding obligations relative costs of carrying out treatments as (4) analyze the anticipated cost savings re- at the market price. a result of the use of woody biomass and sulting from— (D) SALE OF OBLIGATIONS.—Any obligation small-diameter trees; (A) reduced wildfire management costs; acquired by the Fund may be sold by the (D) whether the proposal is likely to and Secretary of the Treasury at the market achieve reductions in long-term wildfire price. (B) a decrease in the unit costs of imple- management costs; (E) CREDITS TO FUND.—The interest on, and menting ecological restoration treatments (E) the strength of the landscape restora- the proceeds from the sale or redemption of, over time; tion proposal and strategy; and any obligations held in the Fund shall be (5) estimate— (F) whether an appropriate level of non- credited to and form a part of the Fund. (A) the annual Federal funding necessary Federal investment would be leveraged in (4) ACCOUNTING AND REPORTING SYSTEM.— to implement the proposal; and carrying out the proposal. The Secretary shall establish an accounting (B) the amount of new non-Federal invest- (3) LIMITATION.—The Secretary may select and reporting system for the Fund. ment for carrying out the proposal that not more than— (5) AUTHORIZATION OF APPROPRIATIONS.— would be leveraged by Federal funding for (A) 10 collaborative forest landscape res- There is authorized to be appropriated to the ecological restoration treatments; and toration proposals to be funded during any Fund $40,000,000 for each of fiscal years 2008 (6) be subject to any other requirements given year; and through 2018, to remain available until ex- that the Secretary determines to be nec- (B) 2 collaborative forest landscape res- pended. essary for the efficient and effective admin- toration proposals in any 1 region of the Na- (g) PROGRAM IMPLEMENTATION AND MONI- istration of the program. tional Forest System to be funded during TORING.— (c) NOMINATION PROCESS.— any given year. (1) WORK PLAN.—Not later than 180 days (1) SUBMISSION.—Collaborative forest land- (e) ADVISORY PANELS.— after the date on which a collaborative forest scape restoration proposals shall be sub- (1) SCIENTIFIC ADVISORY PANEL.—The Sec- landscape restoration proposal is selected to mitted to the appropriate Regional Forester retary shall establish a scientific advisory be carried out, the Secretary shall create, in for consideration. panel comprised of not more than 12 experts collaboration with the interested stake- (2) NOMINATION.—A Regional Forester may in ecological forest restoration and fire ecol- holders, an implementation work plan and nominate collaborative forest landscape res- ogy to evaluate, and provide recommenda- budget to implement the collaborative forest toration proposals for selection by the Sec- tions on, any proposal that has been nomi- landscape restoration proposal that in- retary. nated under subsection (c)(2) and meets the cludes— (3) DOCUMENTATION.—With respect to each eligibility criteria established by subsection (A) a description of the manner in which collaborative forest landscape restoration (b) with respect to— the proposal would be implemented to proposal that is nominated under paragraph (A) the strength of the ecological case of achieve ecological and community economic (2)— the proposal for landscape restoration and benefit, including capacity building to ac- (A) the appropriate Regional Forester the proposed restoration strategies; and complish restoration; shall— (B) whether the proposal is likely to (B) a business plan that addresses— (i) include a proposal to use Federal funds achieve reductions in long-term wildfire (i) the anticipated unit treatment cost re- allocated to the region to fund those costs of management costs. ductions over 10 years; planning and carrying out ecological restora- (2) TECHNICAL ADVISORY PANEL.—The Sec- (ii) the anticipated costs for infrastructure tion treatments on National Forest land con- retary may establish a technical advisory needed for the proposal; sistent with the landscape restoration strat- panel comprised of experts in rural business (iii) the projected sustainability of the sup- egy that would not be covered by amounts development and the use of woody biomass ply of woody biomass and small-diameter transferred to the Secretary from the Fund; and small-diameter trees to evaluate, and trees removed in ecological restoration and provide recommendations on, any proposal treatments; and (ii) provide evidence that amounts pro- that has been nominated under subsection (iv) the projected local economic benefits posed to be transferred to the Secretary from (c)(2) and meets the eligibility criteria estab- of the proposal; and the Fund during the first 2 years following lished by subsection (b) with respect to (C) documentation of the non-Federal in- selection would be used to carry out ecologi- whether the proposal is likely to reduce the vestment in the priority landscape, including cal restoration treatments consistent with relative costs of carrying out treatments as the sources and uses of the investments. the landscape restoration strategy during a result of the use of woody biomass and (2) PROJECT IMPLEMENTATION.—Amounts the same fiscal year in which the funds are small-diameter trees and provide local eco- transferred to the Secretary from the Fund transferred to the Secretary; nomic benefit. shall be used to carry out ecological restora- (B) if actions under the jurisdiction of the (f) COLLABORATIVE FOREST LANDSCAPE RES- tion treatments that are— Secretary of the Interior are proposed, the TORATION FUND.— (A) consistent with the landscape restora- nomination shall require— (1) ESTABLISHMENT.—There is established tion proposal and strategy; and (i) the concurrence of the appropriate offi- in the Treasury of the United States a fund, (B) identified through the collaborative cial of the Department of the Interior; and to be known as the ‘‘Collaborative Forest process described in subsection (b)(2). (ii) a proposal to fund ecological restora- Landscape Restoration Fund’’, to be used to (3) ANNUAL REPORT.—Annually, the Sec- tion treatments consistent with the land- pay up to 50 percent of the cost of carrying retary, in collaboration with the Secretary

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S662 CONGRESSIONAL RECORD — SENATE February 5, 2008 of the Interior and interested stakeholders, (3) provides the people of the United States ment intended to be proposed by him shall prepare a report on the accomplish- with more control over their money; to the bill H.R. 5140, to provide eco- ments of each selected collaborative forest Whereas the Department of the Treasury nomic stimulus through recovery re- landscape restoration proposal that in- and the Federal Reserve Banks have bates to individuals, incentives for cludes— launched Go Direct, a national campaign to (A) a description of all acres (or other ap- business investment, and an increase in motivate people who receive Federal benefit conforming and FHA loan limits; which propriate unit) treated and restored through payments to use direct deposit to receive projects implementing the landscape res- those payments; was ordered to lie on the table; as fol- toration strategy; Whereas Go Direct works with more than lows: (B) an evaluation of progress, including 1,100 partners across the Nation, including fi- At the appropriate place, insert the fol- performance measures and how prior year nancial institutions, advocacy groups, and lowing: evaluations have contributed to improved community organizations; SEC. lll. ESTATE TAX REPEAL MADE PERMA- project performance; Whereas more than 130 financial institu- NENT. (C) a description of community benefits tions representing 25,000 branches nation- Section 901 of the Economic Growth and achieved, including any local economic bene- wide participated in the 2007 ‘‘Go Direct Tax Relief Reconciliation Act of 2001 shall fits; Champions’’ competition to encourage the not apply to title V of such Act. (D) the results of the multiparty moni- use of direct deposit among people who re- toring, evaluation, and accountability proc- ceive Federal benefit payments; and SA 3981. Mr. VITTER (for himself ess under paragraph (4); and Whereas more than 1,600,000 people in the and Mr. DEMINT) submitted an amend- (E) a summary of the costs of— United States have switched from paper ment intended to be proposed by him (i) treatments; and checks to direct deposit to receive Federal to the bill H.R. 5140, to provide eco- (ii) relevant fire management activities. benefit payments since Go Direct launched nomic stimulus through recovery re- (4) MULTIPARTY MONITORING.—The Sec- in the fall of 2004: Now, therefore, be it bates to individuals, incentives for retary shall, in collaboration with the Sec- Resolved, That the Senate— retary of the Interior and interested stake- (1) designates February 2008 as ‘‘Go Direct business investment, and an increase in holders, use a multiparty monitoring, eval- Month’’; conforming and FHA loan limits; which uation, and accountability process to assess (2) supports the goals and ideals of the Go was ordered to lie on the table; as fol- the positive or negative ecological, social, Direct campaign; lows: and economic effects of each project imple- (3) commends Federal, State, and local At the appropriate place, insert the fol- menting a selected collaborative forest land- governments, nonprofit agencies, and the lowing: scape restoration proposal for not less than private sector for promoting February as Go SEC. lll. SMALLER PUBLIC COMPANY OPTION 15 years after project implementation com- Direct Month; and REGARDING INTERNAL CONTROL mences. (4) encourages people in the United States PROVISIONS. (h) REPORT.—Not later than 5 years after who are eligible to receive social security or Section 404 of the Sarbanes-Oxley Act of the first fiscal year in which funding is made other Federal benefit payments to— 2002 (15 U.S.C. 7262) is amended by adding at available to carry out ecological restoration (A) participate in events and awareness the end the following: projects under the program, and every 5 initiatives held during the month of Feb- ‘‘(c) SMALLER PUBLIC COMPANY OPTION.— years thereafter, the Secretary, in consulta- ruary with respect to using direct deposit; ‘‘(1) VOLUNTARY COMPLIANCE.—A smaller tion with the Secretary of the Interior, shall (B) become informed about the conven- issuer shall not be subject to the require- submit a report on the program, including an ience and safety of direct deposit; and ments of subsection (a), unless the smaller assessment of whether, and to what extent, (C) consider signing up for direct deposit of issuer voluntarily elects to comply with such the program is fulfilling the purposes of this social security or other Federal benefit pay- requirements, in accordance with regula- Act, to— ments. tions prescribed by the Commission. Any (1) the Committee on Energy and Natural f smaller issuer that does not elect to comply Resources of the Senate; with subsection (a) shall state such election, (2) the Committee on Appropriations of the AMENDMENTS SUBMITTED AND together with the reasons therefor, in its an- Senate; PROPOSED nual report to the Commission under section (3) the Committee on Natural Resources of SA 3980. Mr. VITTER (for himself and Mr. 13(a) or 15(d) of the Securities Exchange Act the House of Representatives; and of 1934 (15 U.S.C. 78m or 78o(d)). DEMINT) submitted an amendment intended (4) the Committee on Appropriations of the ‘‘(2) DEFINITION OF SMALLER ISSUER.— House of Representatives. to be proposed by him to the bill H.R. 5140, to provide economic stimulus through recov- ‘‘(A) IN GENERAL.—For purposes of this sub- f ery rebates to individuals, incentives for section, and subject to subparagraph (B), the term ‘smaller issuer’ means an issuer for SUBMITTED RESOLUTIONS business investment, and an increase in conforming and FHA loan limits; which was or- which an annual report is required by sec- dered to lie on the table. tion 13(a) or 15(d) of the Securities Exchange SA 3981. Mr. VITTER (for himself and Mr. Act of 1934 (15 U.S.C. 78m or 78o(d)), that— SENATE RESOLUTION 443—DESIG- ‘‘(i) has a total market capitalization at NATING FEBRUARY 2008 AS ‘‘GO DEMINT) submitted an amendment intended to be proposed by him to the bill H.R. 5140, the beginning of the relevant reporting pe- DIRECT MONTH’’ supra; which was ordered to lie on the table. riod of less than $700,000,000; Mrs. DOLE submitted the following SA 3982. Mr. DORGAN submitted an ‘‘(ii) has total product and services revenue amendment intended to be proposed by him for that reporting period of less than resolution; which was considered and $125,000,000; or agreed to: to the bill H.R. 5140, supra; which was ordered to lie on the table. ‘‘(iii) has, at the beginning of the relevant S. RES. 443 SA 3983. Mr. REID proposed an amendment reporting period, fewer than 1,500 record ben- Whereas, in fiscal year 2007, nearly 60,000 to the bill H.R. 5140, supra. eficial holders. checks issued by the Department of the SA 3984. Mr. REID proposed an amendment ‘‘(B) ANNUAL ADJUSTMENTS.—The amounts Treasury, worth approximately $56,000,000, to amendment SA 3983 proposed by Mr. REID referred to in clauses (i) and (ii) of subpara- were endorsed by forgery; to the bill H.R. 5140, supra. graph (A) shall be adjusted annually to ac- Whereas the Department of the Treasury SA 3985. Mr. REID proposed an amendment count for changes in the Consumer Price receives approximately 1,400,000 inquiries to the bill H.R. 5140, supra. Index for all urban consumers, United States each year regarding problems with paper SA 3986. Mr. REID proposed an amendment city average, as published by the Bureau of checks; to amendment SA 3985 proposed by Mr. REID Labor Statistics.’’. Whereas, each month, nearly 12,000,000 so- to the bill H.R. 5140, supra. cial security and other Federal benefit pay- SA 3987. Mr. REID proposed an amendment SA 3982. Mr. DORGAN submitted an ments are made with checks; to amendment SA 3986 proposed by Mr. REID amendment intended to be proposed by Whereas the United States would generate to the amendment SA 3985 proposed by Mr. him to the bill H.R. 5140, to provide approximately $132,000,000 in annual savings REID to the bill H.R. 5140, supra. economic stimulus through recovery SA 3988. Mr. REID (for Mr. LIEBERMAN) if all Federal benefit checks were paid by di- proposed an amendment to the bill S. 2457, to rebates to individuals, incentives for rect deposit; provide for extensions of leases of certain business investment, and an increase in Whereas the use of direct deposit is a more land by Mashantucket Pequot (Western) conforming and FHA loan limits; which secure, reliable, and cost-effective method of Tribe. payment than paper checks because the use was ordered to lie on the table; as fol- of direct deposit— f lows: (1) helps protect against identity theft and TEXT OF AMENDMENTS On page ll, between lines ll and ll, fraud; insert the following: (2) provides easier access to funds during SA 3980. Mr. VITTER (for himself ‘‘(5) MESSAGE ON ADVANCE REFUND CHECK.— emergencies and natural disasters; and and Mr. DEMINT) submitted an amend- The Secretary shall display prominently the

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S663 message ‘‘Support Our Economy—Buy Amer- TITLE V—EMERGENCY DESIGNATION OF ‘‘(B) such term shall not include net earn- ican!’’ on any advance refund check issued APPROPRIATED AMOUNTS ings from self-employment which are not under this section. Sec. 501. Emergency designation. taken into account in computing taxable in- TITLE I—TAX RELIEF come. SA 3983. Mr. REID proposed an ‘‘(5) BASIC STANDARD DEDUCTION; EXEMPTION Subtitle A—Rebates for Individuals amendment to the bill H.R. 5140, to AMOUNT.—The terms ‘basic standard deduc- provide economic stimulus through re- SEC. 101. ECONOMIC RECOVERY STIMULUS CRED- tion’ and ‘exemption amount’ shall have the IT AND REBATE. same respective meanings as when used in covery rebates to individuals, incen- (a) IN GENERAL.—Section 6428 of the Inter- tives for business investment, and an section 6012(a). nal Revenue Code of 1986 is amended to read ‘‘(f) COORDINATION WITH ADVANCE REFUNDS increase in conforming and FHA loan as follows: OF CREDIT.— limits; as follows: ‘‘SEC. 6428. ECONOMIC STIMULUS CREDIT FOR ‘‘(1) IN GENERAL.—The amount of credit Strike all after the first word and and in- 2008. which would (but for this paragraph) be al- sert the following: ‘‘(a) IN GENERAL.—In the case of an eligible lowable under this section shall be reduced 1. SHORT TITLE; TABLE OF CONTENTS. individual who is a taxpayer who meets the (but not below zero) by the aggregate refunds (a) SHORT TITLE.—This Act may be cited as requirements of subsection (b), there shall be and credits made or allowed to the taxpayer the ‘‘Economic Stimulus Act of 2008’’. allowed as a credit against the tax imposed under subsection (g). Any failure to so re- (b) TABLE OF CONTENTS.—The table of con- by subtitle A for the first taxable year begin- duce the credit shall be treated as arising tents of this Act is as follows: ning in 2008 an amount equal to the sum of— out of a mathematical or clerical error and Sec. 1. Short title; table of contents. ‘‘(1) $500 ($1,000 in the case of a joint re- assessed according to section 6213(b)(1). turn), plus TITLE I—TAX RELIEF ‘‘(2) JOINT RETURNS.—In the case of a re- ‘‘(2) the product of $300 multiplied by the fund or credit made or allowed under sub- Subtitle A—Rebates for Individuals number of qualifying children (within the section (g) with respect to a joint return, Sec. 101. Economic recovery stimulus credit meaning of section 24(c)) of the taxpayer. half of such refund or credit shall be treated and rebate. ‘‘(b) REQUIREMENTS.—An eligible individual as having been made or allowed to each indi- Subtitle B—Incentives for Businesses meets the requirements of this subsection if vidual filing such return. Sec. 111. Temporary bonus depreciation al- the taxpayer— ‘‘(g) ADVANCE REFUNDS AND CREDITS.— lowance for certain property. ‘‘(1) has qualifying income of at least ‘‘(1) IN GENERAL.—Each individual who was Sec. 112. Increased expensing for small busi- $3,000, or an eligible individual who was a taxpayer nesses for 2008. ‘‘(2) has— who met the requirements of subsection (b) Sec. 113. Carryback of certain net operating ‘‘(A) net income tax liability which is for such individual’s first taxable year begin- losses allowed for 5 years; tem- greater than zero, and ning in 2007 shall be treated as having made porary suspension of 90 percent ‘‘(B) gross income which is greater than a payment against the tax imposed by chap- AMT limit. the sum of the basic standard deduction plus ter 1 for such first taxable year in an amount Subtitle C—Extensions of Energy Provisions the exemption amount (twice the exemption equal to the advance refund amount for such amount in the case of a joint return). taxable year. Sec. 121. Extension of credit for energy effi- ‘‘(c) TREATMENT OF CREDIT.—The credit al- ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- cient appliances. lowed by subsection (a) shall be treated as Sec. 122. Extension of credit for nonbusiness poses of paragraph (1), the advance refund allowed by subpart C of part IV of sub- amount is the amount that would have been energy property. chapter A of chapter 1. Sec. 123. Suspension of taxable income limit allowed as a credit under this section for ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS with respect to marginal wells. such first taxable year if this section (other INCOME.—The amount of the credit allowed Sec. 124. Extension of credit for residential than subsection (f) and this subsection) had by subsection (a) (determined without regard energy efficient property. applied to such taxable year. to this subsection and subsection (f)) shall be Sec. 125. Extension of renewable electricity ‘‘(3) TIMING OF PAYMENTS.—The Secretary reduced (but not below zero) by 5 percent of and refined coal production shall, subject to the provisions of this title, so much of the taxpayer’s adjusted gross in- credit. refund or credit any overpayment attrib- come as exceeds $150,000 ($300,000 in the case Sec. 126. Extension of new energy efficient utable to this section as rapidly as possible. of a joint return). home credit. No refund or credit shall be made or allowed ‘‘(e) DEFINITIONS.—For purposes of this sec- Sec. 127. Extension of energy credit. under this subsection after December 31, tion— Sec. 128. Extension and modification of cred- 2008. ‘‘(1) QUALIFYING INCOME.—For purposes of it for clean renewable energy ‘‘(4) NO INTEREST.—No interest shall be al- paragraph (1), the term ‘qualifying income’ bonds. lowed on any overpayment attributable to means— Sec. 129. Extension of energy efficient com- this section. ‘‘(A) earned income, mercial buildings deduction. ‘‘(h) IDENTIFICATION NUMBER REQUIRE- ‘‘(B) social security benefits (within the Sec. 130. Special rules for refund of the coal MENT.— meaning of section 86(d)), and excise tax to certain coal pro- ‘‘(1) IN GENERAL.—No credit shall be al- ducers and exporters. ‘‘(C) any compensation or pension received lowed under subsection (a) to an eligible in- Subtitle D—Provisions Relating to Housing under chapter 11 or chapter 15 of title 38, dividual who does not include on the return Bonds United States Code. of tax for the taxable year— ‘‘(2) NET INCOME TAX LIABILITY.—The term Sec. 131. Modifications on use of qualified ‘‘(A) such individual’s valid identification ‘net income tax liability’ means the excess mortgage bonds; temporary in- number, of— creased volume cap for certain ‘‘(B) in the case of a joint return, the valid ‘‘(A) the sum of the taxpayer’s regular tax housing bonds. identification number of such individual’s liability (within the meaning of section spouse, and TITLE II—HOUSING GSE AND FHA LOAN 26(b)) and the tax imposed by section 55 for LIMITS ‘‘(C) in the case of any qualifying child the taxable year, over taken into account under subsection (a)(2), Sec. 201. Temporary conforming loan limit ‘‘(B) the credits allowed by part IV (other increase for Fannie Mae and the valid identification number of such than section 24 and subpart C thereof) of sub- qualifying child. Freddie Mac. chapter A of chapter 1. ‘‘(2) VALID IDENTIFICATION NUMBER.—For Sec. 202. Temporary loan limit increase for ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligi- FHA. purposes of paragraph (1), the term ‘valid ble individual’ means any individual other identification number’ means a social secu- TITLE III—TEMPORARY EXTENDED than— rity number issued to an individual by the UNEMPLOYMENT COMPENSATION ‘‘(A) any nonresident alien individual, Social Security Administration. Such term Sec. 301. Federal-State agreements. ‘‘(B) any individual with respect to whom a shall not include a TIN issued by the Inter- Sec. 302. Temporary extended unemploy- deduction under section 151 is allowable to nal Revenue Service. ment compensation account. another taxpayer for a taxable year begin- ‘‘(i) REFUNDS DISREGARDED IN THE ADMINIS- Sec. 303. Payments to States having agree- ning in the calendar year in which the indi- TRATION OF FEDERAL PROGRAMS AND FEDER- ments for the payment of tem- vidual’s taxable year begins, ALLY ASSISTED PROGRAMS.—Any payment porary extended unemployment ‘‘(C) an estate or trust, and considered to have been made to any indi- compensation. ‘‘(D) any individual who is a Senator or vidual by reason of this section shall not be Sec. 304. Financing provisions. Representative in, or Delegate or Resident taken into account as income and shall not Sec. 305. Fraud and overpayments. Commissioner to, Congress. be taken into account as resources for the Sec. 306. Definitions. ‘‘(4) EARNED INCOME.—The term ‘earned in- month of the receipt and the following 2 Sec. 307. Applicability. come’ has the meaning set forth in section months, for purposes of determining the eli- TITLE IV—LOW-INCOME HOME ENERGY 32(c)(2), except that— gibility of such individual or any other indi- ASSISTANCE ‘‘(A) subclause (II) of subparagraph (B)(vi) vidual for benefits or assistance, or the Sec. 401. Low-income home energy assist- thereof shall be applied by substituting ‘Jan- amount or extent of benefits or assistance, ance program. uary 1, 2009’ for ‘January 1, 2008’, and under any Federal program or under any

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S664 CONGRESSIONAL RECORD — SENATE February 5, 2008 State or local program financed in whole or section. Beginning 90 days after enactment ‘‘(ii) the original use of which commences in part with Federal funds.’’. of this Act, the Secretary of the Treasury with the taxpayer on or after the starting (b) TREATMENT OF POSSESSIONS.— shall submit a quarterly report to the Com- date, (1) MIRROR CODE POSSESSION.—The Sec- mittees on Appropriations of the House of ‘‘(iii) which is— retary of the Treasury shall make a payment Representatives and the Senate detailing the ‘‘(I) acquired by the taxpayer on or after to each possession of the United States with actual expenditure of funds provided by this the starting date and before the ending date, a mirror code tax system in an amount equal subsection and the expected expenditure of but only if no written binding contract for to the loss to that possession by reason of such funds in the subsequent quarter. the acquisition was in effect before the start- the amendments made by this section. Such (e) CONFORMING AMENDMENTS.— ing date, or amount shall be determined by the Secretary (1) Paragraph (2) of section 1324(b) of title ‘‘(II) acquired by the taxpayer pursuant to of the Treasury based on information pro- 31, United States Code, is amended by insert- a written binding contract which was en- vided by the government of the respective ing ‘‘or 6428’’ after ‘‘section 35’’. tered into on or after the starting date and possession. (2) Paragraph (1) of section 1(i) of the In- before the ending date, and (2) OTHER POSSESSIONS.—The Secretary of ternal Revenue Code of 1986 is amended by ‘‘(iv) which is placed in service by the tax- the Treasury shall make a payment to each striking subparagraph (D). payer before the ending date, or, in the case possession of the United States which does (3) The item relating to section 6428 in the of property described in subparagraph (B) or not have a mirror code tax system in an table of sections for subchapter B of chapter (C), before the date that is 1 year after the amount estimated by the Secretary of the 65 of such Code is amended to read as fol- ending date. Treasury as being equal to the aggregate lows: ‘‘(B) CERTAIN PROPERTY HAVING LONGER benefits that would have been provided to PRODUCTION PERIODS TREATED AS QUALIFIED residents of such possession by reason of the ‘‘Sec. 6428. Economic stimulus credit for PROPERTY.— amendments made by this section if a mirror 2008.’’. ‘‘(i) IN GENERAL.—The term ‘qualified prop- code tax system had been in effect in such Subtitle B—Incentives for Businesses erty’ includes any property if such prop- possession. The preceding sentence shall not erty— apply with respect to any possession of the SEC. 111. TEMPORARY BONUS DEPRECIATION AL- LOWANCE FOR CERTAIN PROPERTY. ‘‘(I) meets the requirements of clauses (i), United States unless such possession has a (ii), (iii), and (iv) of subparagraph (A), (a) IN GENERAL.—Subsection (k) of section plan, which has been approved by the Sec- ‘‘(II) has a recovery period of at least 10 168 of the Internal Revenue Code of 1986 is retary of the Treasury, under which such years or is transportation property, amended to read as follows: possession will promptly distribute such pay- ‘‘(III) is subject to section 263A, and ment to the residents of such possession. ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN ‘‘(IV) meets the requirements of clause (iii) (3) DEFINITIONS AND SPECIAL RULES.— PROPERTY.— of section 263A(f)(1)(B) (determined as if such (A) POSSESSION OF THE UNITED STATES.—For ‘‘(1) ADDITIONAL ALLOWANCE.— clause also applied to property which has a purposes of this subsection, the term ‘‘pos- ‘‘(A) IN GENERAL.—In the case of any quali- long useful life (within the meaning of sec- session of the United States’’ includes the fied property placed in service by an eligible tion 263A(f))). Commonwealth of Puerto Rico and the Com- taxpayer— ‘‘(ii) ONLY PRE-ENDING DATE BASIS ELIGIBLE monwealth of the Northern Mariana Islands. ‘‘(i) the depreciation deduction provided by FOR ADDITIONAL ALLOWANCE.—In the case of (B) MIRROR CODE TAX SYSTEM.—For pur- section 167(a) for each applicable taxable property which is qualified property solely poses of this subsection, the term ‘‘mirror year shall include an allowance equal to 25 by reason of clause (i), paragraph (1) shall code tax system’’ means, with respect to any percent of the adjusted basis of the qualified apply only to the extent of the adjusted basis possession of the United States, the income property, and thereof attributable to manufacture, con- tax system of such possession if the income ‘‘(ii) the adjusted basis of the qualified struction, or production before the ending tax liability of the residents of such posses- property shall be reduced by the amount of date. sion under such system is determined by ref- such deduction before computing the amount ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- erence to the income tax laws of the United otherwise allowable as a depreciation deduc- poses of this subparagraph, the term ‘trans- States as if such possession were the United tion under this chapter for such taxable year portation property’ means tangible personal States. and any subsequent taxable year. property used in the trade or business of (C) TREATMENT OF PAYMENTS.—For pur- ‘‘(B) ELIGIBLE TAXPAYER.— transporting persons or property. poses of section 1324(b)(2) of title 31, United ‘‘(i) IN GENERAL.—At such time and in such ‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This States Code, the payments under this sub- manner as the Secretary shall prescribe, subparagraph shall not apply to any prop- section shall be treated in the same manner each taxpayer may elect to be an eligible erty which is described in subparagraph (C). as a refund due from the credit allowed taxpayer with respect to 1 (and only 1) of the ‘‘(C) CERTAIN AIRCRAFT.—The term ‘quali- under section 6428 of the Internal Revenue following: fied property’ includes property— Code of 1986 (as added by this section). ‘‘(I) This subsection. ‘‘(i) which meets the requirements of (c) ADMINISTRATIVE AMENDMENTS.— ‘‘(II) The application of section clauses (ii), (iii), and (iv) of subparagraph (1) DEFINITION OF DEFICIENCY.—Section 56(d)(1)(A)(ii)(I) and section 172(b)(1)(H)(ii) in (A), 6211(d)(4)(A) of the Internal Revenue Code of connection with net operating losses relating ‘‘(ii) which is an aircraft which is not a 1986 is amended by striking ‘‘and 53(e)’’ and to taxable years beginning or ending during transportation property (as defined in sub- inserting ‘‘53(e), and 6428’’. 2006, 2007, and 2008. paragraph (B)(iii)) other than for agricul- (2) MATHEMATICAL OR CLERICAL ERROR AU- ‘‘(III) Section 179(b)(7). tural or firefighting purposes, THORITY.—Section 6213(g)(2)(L) of such Code ‘‘(ii) ELIGIBLE TAXPAYER.—For purposes of ‘‘(iii) which is purchased and on which such is amended by striking ‘‘or 32’’ and inserting each of the provisions described in clause (i), purchaser, at the time of the contract for ‘‘32, or 6428’’. a taxpayer shall only be treated as an eligi- purchase, has made a nonrefundable deposit (d) APPROPRIATIONS TO CARRY OUT RECOV- ble taxpayer with respect to the provision of the lesser of— ERY REBATES.— with respect to which the taxpayer made the ‘‘(I) 10 percent of the cost, or (1) IN GENERAL.—Immediately upon the en- election under clause (i). ‘‘(II) $100,000, and actment of this Act, the following sums are ‘‘(iii) ELECTION IRREVOCABLE.—An election ‘‘(iv) which has— appropriated, out of any money in the Treas- under clause (i) may not be revoked except ‘‘(I) an estimated production period ex- ury not otherwise appropriated, for the fiscal with the consent of the Secretary. ceeding 4 months, and year ending September 30, 2008: ‘‘(C) APPLICABLE TAXABLE YEAR.—For pur- ‘‘(II) a cost exceeding $200,000. (A) For an additional amount for ‘‘Depart- poses of subparagraph (A), the term ‘applica- ‘‘(3) EXCEPTIONS.— ment of the Treasury—Financial Manage- ble taxable year’ means, with respect to any ‘‘(A) ALTERNATIVE DEPRECIATION PROP- ment Service—Salaries and Expenses’’, qualified property— ERTY.—This subsection shall not apply to $64,175,000, to remain available until Sep- ‘‘(i) the first taxable year in which such any property to which the alternative depre- tember 30, 2009. property is placed in service, and ciation system under subsection (g) applies, (B) For an additional amount for ‘‘Depart- ‘‘(ii) the next succeeding taxable year. determined— ment of the Treasury—Internal Revenue ‘‘(2) QUALIFIED PROPERTY.—For purposes of ‘‘(i) without regard to paragraph (7) of sub- Service—Taxpayer Services’’, $50,720,000, to this subsection— section (g) (relating to election to have sys- remain available until September 30, 2009. ‘‘(A) IN GENERAL.—The term ‘qualified tem apply), and (C) For an additional amount for ‘‘Depart- property’ means property— ‘‘(ii) after application of section 280F(b) ment of the Treasury—Internal Revenue ‘‘(i)(I) to which this section applies which (relating to listed property with limited Service—Operations Support’’, $151,415,000, has a recovery period of 20 years or less, business use). to remain available until September 30, 2009. ‘‘(II) which is computer software (as de- ‘‘(B) ELECTION OUT.—If a taxpayer makes (2) REPORTS.—No later than 15 days after fined in section 167(f)(1)(B)) for which a dean election under this subparagraph with re- enactment of this Act, the Secretary of the duction is allowable under section 167(a) spect to any class of property for any taxable Treasury shall submit a plan to the Commit- without regard to this subsection, year, this subsection shall not apply to all tees on Appropriations of the House of Rep- ‘‘(III) which is water utility property, or property in such class placed in service dur- resentatives and the Senate detailing the ex- ‘‘(IV) which is qualified leasehold improve- ing such taxable year. pected use of the funds provided by this sub- ment property, ‘‘(4) SPECIAL RULES.—

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‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the ‘‘(I) by the lessee (or any sublessee) of such (C) in paragraph (6), by striking case of a taxpayer manufacturing, con- portion, or ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. structing, or producing property for the tax- ‘‘(II) by the lessor of such portion, (3) Section 1400L(b)(2) of such Code is payer’s own use, the requirements of para- ‘‘(ii) such portion is to be occupied exclu- amended— graph (2)(A)(iii) shall be treated as met if the sively by the lessee (or any sublessee) of such (A) in subparagraph (C)(ii), by striking taxpayer begins manufacturing, con- portion, and ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, structing, or producing the property on or ‘‘(iii) such improvement is placed in serv- (B) in subparagraph (C)(iv), by striking after the starting date and before the ending ice more than 3 years after the date the ‘‘168(k)(2)(D)(iii)’’ and inserting date. building was first placed in service. ‘‘168(k)(3)(B)’’, and ‘‘(B) SALE-LEASEBACKS.—For purposes of ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- (C) in subparagraph (E), by striking subparagraph (C) and paragraph (2)(A)(ii), if CLUDED.—Such term shall not include any ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. property is— improvement for which the expenditure is (4) Section 1400L(c) of such Code is amend- ‘‘(i) originally placed in service on or after attributable to— ed— the starting date by a person, and ‘‘(i) the enlargement of the building, (A) in paragraph (2), by striking ‘‘168(k)(3)’’ ‘‘(ii) sold and leased back by such person ‘‘(ii) any elevator or escalator, and inserting ‘‘168(k)(7)’’, and within 3 months after the date such property ‘‘(iii) any structural component benefit- (B) in paragraph (5), by striking was originally placed in service, ting a common area, and ‘‘168(k)(2)(D)(iii)’’ and inserting such property shall be treated as originally ‘‘(iv) the internal structural framework of ‘‘168(k)(3)(B)’’. placed in service not earlier than the date on the building. (5) Section 1400N(d) of such Code is amend- which such property is used under the lease- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For ed— back referred to in clause (ii). purposes of this paragraph— (A) in paragraph (2)(B)(i), by striking ‘‘(C) SYNDICATION.—For purposes of para- ‘‘(i) COMMITMENT TO LEASE TREATED AS ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, graph (2)(A)(ii), if— LEASE.—A commitment to enter into a lease (B) by striking paragraph (3) and inserting ‘‘(i) property is originally placed in service shall be treated as a lease, and the parties to the following: on or after the starting date by the lessor of such commitment shall be treated as lessor ‘‘(5) SPECIAL RULES.—For purposes of this such property, and lessee, respectively. subsection, rules similar to the rules of para- ‘‘(ii) such property is sold by such lessor or ‘‘(ii) RELATED PERSONS.—A lease between graph (4) of section 168(k) shall apply, except any subsequent purchaser within 3 months related persons shall not be considered a that in applying such paragraph— after the date such property was originally lease. For purposes of the preceding sen- ‘‘(A) the starting date shall be August 28, placed in service (or, in the case of multiple tence, the term ‘related persons’ means— 2005, units of property subject to the same lease, ‘‘(I) members of an affiliated group (as de- ‘‘(B) the ending date shall be January 1, within 3 months after the date the final unit fined in section 1504), and 2008, and is placed in service, so long as the period be- ‘‘(II) persons having a relationship de- ‘‘(C) ‘qualified Gulf Opportunity Zone prop- tween the time the first unit is placed in scribed in subsection (b) of section 267; ex- erty’ shall be substituted for ‘qualified prop- service and the time the last unit is placed cept that, for purposes of this clause, the erty’ in clause (iv) thereof.’’, and in service does not exceed 12 months), and phrase ‘80 percent or more’ shall be sub- (C) in paragraph (4), by striking ‘‘(iii) the user of such property after the stituted for the phrase ‘more than 50 per- ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. last sale during such 3-month period remains cent’ each place it appears in such sub- (d) EFFECTIVE DATE.—The amendments the same as when such property was origi- section. made by this section shall apply to property nally placed in service, ‘‘(8) OTHER DEFINITIONS.—For purposes of placed in service after January 29, 2007, in taxable years ending after such date. such property shall be treated as originally this subsection— placed in service not earlier than the date of ‘‘(A) STARTING DATE.—The term ‘starting SEC. 112. INCREASED EXPENSING FOR SMALL such last sale. date’ means January 30, 2008. BUSINESSES FOR 2008. (a) IN GENERAL.—Subsection (b) of section ‘‘(D) LIMITATIONS RELATED TO USERS AND ‘‘(B) ENDING DATE.—The term ‘ending date’ 179 of the Internal Revenue Code of 1986 (re- RELATED PARTIES.—This subsection shall not means December 31, 2008.’’. lating to limitations) is amended by adding apply to any property if— (b) COORDINATION WITH OTHER BONUS DE- at the end the following new paragraph: ‘‘(i) the user of such property (as of the PRECIATION PROVISIONS.— ‘‘(7) SPECIAL RULE FOR ELIGIBLE TAXPAYERS date on which such property is originally (1) CELLULOSIC BIOMASS ETHANOL PLANT IN 2008.—In the case of any taxable year of placed in service) or a person which is re- PROPERTY.—Paragraph (4) of section 168(l) of any eligible taxpayer (within the meaning of lated (within the meaning of section 267(b) or the Internal Revenue Code of 1986 is amended section 168(k)(1)(B)) beginning in 2008— 707(b)) to such user or to the taxpayer had a by redesignating subparagraphs (A), (B), and ‘‘(A) the dollar limitation under paragraph written binding contract in effect for the ac- (C) as subparagraphs (B), (C), and (D) and in- (1) shall be $250,000, and quisition of such property at any time before serting before subparagraph (B) (as so redes- ‘‘(B) the dollar limitation under paragraph the starting date, or ignated) the following new subparagraph: (2) shall be $800,000.’’. ‘‘(ii) in the case of property manufactured, ‘‘(A) BONUS DEPRECIATION PROPERTY UNDER (b) EFFECTIVE DATE.—The amendment constructed, or produced for such user’s or SUBSECTION (k).—Such term shall not include any property to which section 168(k) ap- made by this section shall apply to taxable person’s own use, the manufacture, construc- years beginning after December 31, 2007. tion, or production of such property began at plies.’’. (2) SPECIFIED GULF OPPORTUNITY ZONE EX- SEC. 113. CARRYBACK OF CERTAIN NET OPER- any time before the starting date. ATING LOSSES ALLOWED FOR 5 ‘‘(5) COORDINATION WITH SECTION 280F.—For TENSION PROPERTY.—Subparagraph (B) of section 1400N(d)(6) of such Code is amended by YEARS; TEMPORARY SUSPENSION OF purposes of section 280F— 90 PERCENT AMT LIMIT. adding at the end the following new flush ‘‘(A) AUTOMOBILES.—In the case of a pas- (a) IN GENERAL.—Subparagraph (H) of sec- senger automobile (as defined in section sentence: tion 172(b)(1) of the Internal Revenue Code of 280F(d)(5)) which is qualified property, the ‘‘Such term shall not include any property 1986 is amended to read as follows: Secretary shall increase the limitations to which section 168(k) applies.’’. ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN under clauses (i) and (ii) of section (c) CONFORMING AMENDMENTS.— LOSSES.— 280F(a)(1)(A) by $3,825. (1) Section 168(e)(6) of the Internal Revenue ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND ‘‘(B) LISTED PROPERTY.—The deduction al- Code of 1986 is amended by striking ‘‘section 2002.—In the case of a net operating loss for lowable under paragraph (1) shall be taken 168(k)(3)’’ and inserting ‘‘section 168(k)(7)’’. any taxable year ending during 2001 or 2002, into account in computing any recapture (2) Section 168(l) of such Code is amended— subparagraph (A)(i) shall be applied by sub- amount under section 280F(b)(2). (A) in paragraph (4)(B), as redesignated by stituting ‘5’ for ‘2’ and subparagraph (F) ‘‘(6) DEDUCTION ALLOWED IN COMPUTING MIN- subsection (b)(1), by striking ‘‘168(k)(2)(D)(i)’’ shall not apply. IMUM TAX.—For purposes of determining al- and inserting ‘‘169(k)(3)(A)’’. ‘‘(ii) TAXABLE YEARS BEGINNING OR ENDING ternative minimum taxable income under (B) by striking paragraph (5) and inserting DURING 2006, 2007, AND 2008.—In the case of a net section 55, the deduction under subsection the following: operating loss with respect to any eligible (a) for qualified property shall be determined ‘‘(5) SPECIAL RULES.—For purposes of this taxpayer (within the meaning of section under this section without regard to any ad- subsection, rules similar to the rules of para- 168(k)(1)(B)) for any taxable year beginning justment under section 56. graph (4) of section 168(k) shall apply, except or ending during 2006, 2007, or 2008— ‘‘(7) QUALIFIED LEASEHOLD IMPROVEMENT that in applying such paragraph— ‘‘(I) subparagraph (A)(i) shall be applied by PROPERTY.—For purposes of this subsection— ‘‘(A) the starting date shall be one day substituting ‘5’ for ‘2’, ‘‘(A) IN GENERAL.—The term ‘qualified after the date of the enactment of this sub- ‘‘(II) subparagraph (E)(ii) shall be applied leasehold improvement property’ means any section, by substituting ‘4’ for ‘2’, and improvement to an interior portion of a ‘‘(B) the ending date shall be January 1, ‘‘(III) subparagraph (F) shall not apply.’’. building which is nonresidential real prop- 2013, and (b) TEMPORARY SUSPENSION OF 90 PERCENT erty if— ‘‘(C) ‘qualified cellulosic biomass ethanol LIMIT ON CERTAIN NOL CARRYBACKS AND ‘‘(i) such improvement is made under or plant property’ shall be substituted for CARRYOVERS.— pursuant to a lease (as defined in subsection ‘qualified property’ in clause (iv) thereof.’’, (1) IN GENERAL.—Section 56(d) of the of the (h)(7))— and Internal Revenue Code of 1986 is amended by

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S666 CONGRESSIONAL RECORD — SENATE February 5, 2008 adding at the end the following new para- of 1986 (relating to temporary suspension of amended by striking ‘‘December 31, 2008’’ and graph: taxable income limit with respect to mar- inserting ‘‘December 31, 2009’’. ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- ginal production) is amended by striking poses of paragraph (1)(A), in the case of an ‘‘January 1, 2008’’ and inserting ‘‘January 1, SEC. 130. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO CERTAIN COAL eligible taxpayer (within the meaning of sec- 2010’’. PRODUCERS AND EXPORTERS. tion 168(k)(1)(B)), the amount described in (b) EFFECTIVE DATE.—The amendment clause (I) of paragraph (1)(A)(ii) shall be in- made by this section shall apply to taxable (a) REFUND.— creased by the amount of the net operating years beginning after December 31, 2007. (1) COAL PRODUCERS.— loss deduction allowable for the taxable year SEC. 124. EXTENSION OF CREDIT FOR RESIDEN- (A) IN GENERAL.—Notwithstanding sub- under section 172 attributable to the sum TIAL ENERGY EFFICIENT PROPERTY. sections (a)(1) and (c) of section 6416 and sec- of— Subsection (g) of section 25D of the Inter- tion 6511 of the Internal Revenue Code of ‘‘(A) carrybacks of net operating losses nal Revenue Code of 1986 (relating to termi- 1986, if— from taxable years beginning or ending dur- nation) is amended by striking ‘‘December (i) a coal producer establishes that such ing 2006, 2007, and 2008, and 31, 2008’’ and inserting ‘‘December 31, 2009’’. coal producer, or a party related to such coal producer, exported coal produced by such ‘‘(B) carryovers of net operating losses to SEC. 125. EXTENSION OF RENEWABLE ELEC- taxable years beginning or ending during TRICITY AND REFINED COAL PRO- coal producer to a foreign country or shipped 2006, 2007, or 2008.’’. DUCTION CREDIT. coal produced by such coal producer to a pos- (2) CONFORMING AMENDMENT.—Subclause (I) Section 45(d) of the Internal Revenue Code session of the United States, or caused such of section 56(d)(1)(A)(i) of such Code is of 1986 (relating to qualified facilities) is coal to be exported or shipped, the export or amended by inserting ‘‘amount of such’’ be- amended by striking ‘‘January 1, 2009’’ each shipment of which was other than through fore ‘‘deduction described in clause (ii)(I)’’. place it appears in paragraphs (1), (2), (3), (4), an exporter who meets the requirements of (c) ANTI-ABUSE RULES.—The Secretary of (5), (6), (7), (8), and (9) and inserting ‘‘Janu- paragraph (2), Treasury or the Secretary’s designee shall ary 1, 2010’’. (ii) such coal producer filed an excise tax prescribes such rules as are necessary to pre- return on or after October 1, 1990, and on or vent the abuse of the purposes of the amend- SEC. 126. EXTENSION OF NEW ENERGY EFFI- CIENT HOME CREDIT. before the date of the enactment of this Act, ments made by this section, including anti- and stuffing rules, anti-churning rules (including Subsection (g) of section 45L of the Inter- nal Revenue Code of 1986 (relating to termi- (iii) such coal producer files a claim for re- rules relating to sale-leasebacks), and rules fund with the Secretary not later than the similar to the rules under section 1091 of the nation) is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. close of the 30-day period beginning on the Internal Revenue Code of 1986 relating to date of the enactment of this Act, losses from wash sales. SEC. 127. EXTENSION OF ENERGY CREDIT. (d) EFFECTIVE DATES.— (a) SOLAR ENERGY PROPERTY.—Paragraphs then the Secretary shall pay to such coal (1) SUBSECTION (a).— (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of producer an amount equal to the tax paid (A) IN GENERAL.—Except as provided in the Internal Revenue Code of 1986 (relating under section 4121 of such Code on such coal subparagraph (B), the amendments made by to energy credit) are each amended by strik- exported or shipped by the coal producer or subsection (a) shall apply to net operating ing ‘‘January 1, 2009’’ and inserting ‘‘January a party related to such coal producer, or losses arising in taxable years beginning or 1, 2010’’. caused by the coal producer or a party re- ending in 2006, 2007, or 2008. (b) FUEL CELL PROPERTY.—Subparagraph lated to such coal producer to be exported or (B) ELECTION.—In the case of an eligible (E) of section 48(c)(1) of the Internal Revenue shipped. taxpayer (within the meaning of section Code of 1986 (relating to qualified fuel cell (B) SPECIAL RULES FOR CERTAIN TAX- 168(k)(1)(B) of the Internal Revenue Code of property) is amended by striking ‘‘December PAYERS.—For purposes of this section— 1986) with a net operating loss for a taxable 31, 2008’’ and inserting ‘‘December 31, 2009’’. (i) IN GENERAL.—If a coal producer or a year beginning or ending during 2006 or (c) MICROTURBINE PROPERTY.—Subpara- party related to a coal producer has received 2007— graph (E) of section 48(c)(2) of the Internal a judgment described in clause (iii) and has (i) any election made under section Revenue Code of 1986 (relating to qualified provided evidence as provided under clause 172(b)(3) of the Internal Revenue Code of 1986 microturbine property) is amended by strik- (iv), such coal producer shall be deemed to may (notwithstanding such section) be re- ing ‘‘December 31, 2008’’ and inserting ‘‘De- have established the export of coal to a for- voked before November 1, 2008, and cember 31, 2009’’. eign country or shipment of coal to a possession of the United States under subpara- (ii) any election made under section 172(j) SEC. 128. EXTENSION AND MODIFICATION OF of such Code shall (notwithstanding such CREDIT FOR CLEAN RENEWABLE EN- graph (A)(i). section) be treated as timely made if made ERGY BONDS. (ii) AMOUNT OF PAYMENT.—If a taxpayer de- before November 1, 2008. (a) EXTENSION.—Section 54(m) of the Inter- scribed in clause (i) is entitled to a payment (2) SUBSECTION (b).—The amendments made nal Revenue Code of 1986 (relating to termi- under subparagraph (A), the amount of such by subsection (b) shall apply to taxable years nation) is amended by striking ‘‘December payment shall be reduced by any amount ending after December 31, 1995. 31, 2008’’ and inserting ‘‘December 31, 2009’’. paid pursuant to the judgment described in Subtitle C—Extensions of Energy Provisions (b) INCREASE IN NATIONAL LIMITATION.— clause (iii). (iii) JUDGMENT DESCRIBED.—A judgment is SEC. 121. EXTENSION OF CREDIT FOR ENERGY Section 54(f) of the Internal Revenue Code of EFFICIENT APPLIANCES. 1986 (relating to limitation on amount of described in this subparagraph if such judg- (a) IN GENERAL.—Subsection (b) of section bonds designated) is amended— ment— 45M of the Internal Revenue Code of 1986 (re- (1) by striking ‘‘$1,200,000,000’’ in paragraph (I) is made by a court of competent juris- lating to applicable amount) is amended by (1) and inserting ‘‘$1,600,000,000’’, and diction within the United States, striking ‘‘calendar year 2006 or 2007’’ each (2) by striking ‘‘$750,000,000’’ in paragraph (II) relates to the constitutionality of any place it appears in paragraphs (1)(A)(i), (2) and inserting ‘‘$1,000,000,000’’. tax paid on exported coal under section 4121 (1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and in- (c) MODIFICATION OF RATABLE PRINCIPAL of the Internal Revenue Code of 1986, and serting ‘‘calendar year 2006, 2007, 2008, or AMORTIZATION REQUIREMENT.— (III) is in favor of the coal producer or the 2009’’. (1) IN GENERAL.—Paragraph (5) of section party related to the coal producer. (b) RESTART OF CREDIT LIMITATION.—Para- 54(l) is amended to read as follows: (2) EXPORTERS.—Notwithstanding sub- graph (1) of section 45M(e) of the Internal ‘‘(5) RATABLE PRINCIPAL AMORTIZATION RE- sections (a)(1) and (c) of section 6416 and sec- Revenue Code of 1986 (relating to aggregate QUIRED.—A bond shall not be treated as a tion 6511 of the Internal Revenue Code of credit amount allowed) is amended by insert- clean renewable energy bond unless it is part 1986, and a judgment described in paragraph ing ‘‘beginning after December 31, 2007’’ after of an issue which provides for an equal (1)(B)(iii) of this subsection, if— ‘‘for all prior taxable years’’. amount of principal to be paid by the quali- (A) an exporter establishes that such ex- (c) EFFECTIVE DATE.—The amendments fied issuer during each 12-month period that porter exported coal to a foreign country or made by this section shall apply to appli- the issue is outstanding (other than the first shipped coal to a possession of the United ances produced after December 31, 2007. 12-month period).’’. States, or caused such coal to be so exported SEC. 122. EXTENSION OF CREDIT FOR NONBUSI- (2) TECHNICAL AMENDMENT.—The third sen- or shipped, NESS ENERGY PROPERTY. tence of section 54(e)(2) is amended by strik- (B) such exporter filed a tax return on or (a) IN GENERAL.—Section 25C(g) of the In- ing ‘‘subsection (l)(6)’’ and inserting ‘‘sub- after October 1, 1990, and on or before the ternal Revenue Code of 1986 (relating to ter- date of the enactment of this Act, and mination) is amended by striking ‘‘December section (l)(5)’’. (d) EFFECTIVE DATE.—The amendments (C) such exporter files a claim for refund 31, 2007’’ and inserting ‘‘December 31, 2009’’. with the Secretary not later than the close (b) EFFECTIVE DATE.—The amendment made by this section shall apply to bonds of the 30-day period beginning on the date of made by this section shall apply to property issued after the date of the enactment of this the enactment of this Act, placed in service after December 31, 2007. Act. SEC. 123. SUSPENSION OF TAXABLE INCOME SEC. 129. EXTENSION OF ENERGY EFFICIENT then the Secretary shall pay to such ex- LIMIT WITH RESPECT TO MARGINAL COMMERCIAL BUILDINGS DEDUC- porter an amount equal to $0.825 per ton of WELLS. TION. such coal exported by the exporter or caused (a) IN GENERAL.—Subparagraph (H) of sec- Section 179D(h) of the Internal Revenue to be exported or shipped, or caused to be ex- tion 613A(c)(6) of the Internal Revenue Code Code of 1986 (relating to termination) is ported or shipped, by the exporter.

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(b) LIMITATIONS.—Subsection (a) shall not (2) in the case of a payment to an exporter, ‘‘(ii) the denominator of which is the total apply with respect to exported coal if a set- an amount equal to $0.825 per ton with re- population of all States (as reported in the tlement with the Federal Government has spect to such coal exported by the exporter most recent decennial census). been made with and accepted by, the coal or caused to be exported by the exporter. ‘‘(B) SET ASIDE.— producer, a party related to such coal pro- (h) APPLICATION OF SECTION.—This section ‘‘(i) IN GENERAL.—Any amount of the State ducer, or the exporter, of such coal, as of the applies only to claims on coal exported or ceiling for any State which is attributable to date that the claim is filed under this sec- shipped on or after October 1, 1990, through an increase under this paragraph shall be al- tion with respect to such exported coal. For the date of the enactment of this Act. located solely for one or more qualified pur- purposes of this subsection, the term ‘‘settle- (i) STANDING NOT CONFERRED.— poses. ment with the Federal Government’’ shall ‘‘(ii) QUALIFIED PURPOSE.—For purposes of not include any settlement or stipulation en- (1) EXPORTERS.—With respect to exporters, this section shall not confer standing upon this paragraph, the term ‘qualified purpose’ tered into as of the date of the enactment of means— this Act, the terms of which contemplate a an exporter to commence, or intervene in, any judicial or administrative proceeding ‘‘(I) the issuance of exempt facility bonds judgment concerning which any party has used solely to provide qualified residential reserved the right to file an appeal, or has concerning a claim for refund by a coal producer of any Federal or State tax, fee, or rental projects, or filed an appeal. ‘‘(II) a qualified mortgage issue (deter- (c) SUBSEQUENT REFUND PROHIBITED.—No royalty paid by the coal producer. mined by substituting ‘12-month period’ for refund shall be made under this section to (2) COAL PRODUCERS.—With respect to coal ‘42-month period’ each place it appears in the extent that a credit or refund of such tax producers, this section shall not confer section 143(a)(2)(D)(i)).’’. on such exported or shipped coal has been standing upon a coal producer to commence, paid to any person. or intervene in, any judicial or administra- (2) CARRYFORWARD OF UNUSED LIMITA- (d) DEFINITIONS.—For purposes of this sec- tive proceeding concerning a claim for re- TIONS.—Subsection (f) of section 146 of such tion— fund by an exporter of any Federal or State Code is amended by adding at the end the (1) COAL PRODUCER.—The term ‘‘coal pro- tax, fee, or royalty paid by the producer and following new paragraph: ducer’’ means the person in whom is vested alleged to have been passed on to an ex- ‘‘(6) SPECIAL RULES FOR INCREASED VOLUME ownership of the coal immediately after the porter. CAP UNDER SUBSECTION (d)(5).— coal is severed from the ground, without re- ‘‘(A) IN GENERAL.—No amount which is at- gard to the existence of any contractual ar- Subtitle D—Provisions Relating to Housing tributable to the increase under subsection rangement for the sale or other disposition Bonds (d)(5) may be used— of the coal or the payment of any royalties SEC. 131. MODIFICATIONS ON USE OF QUALIFIED ‘‘(i) for a carryforward purpose other than between the producer and third parties. The MORTGAGE BONDS; TEMPORARY IN- a qualified purpose (as defined in subsection term includes any person who extracts coal CREASED VOLUME CAP FOR CER- (d)(5)), and from coal waste refuse piles or from the silt TAIN HOUSING BONDS. ‘‘(ii) to issue any bond after calendar year waste product which results from the wet (a) USE OF QUALIFIED MORTGAGE BONDS 2010. washing (or similar processing) of coal. PROCEEDS FOR SUBPRIME REFINANCING ‘‘(B) ORDERING RULES.—For purposes of (2) EXPORTER.—The term ‘‘exporter’’ means LOANS.—Section 143(k) of the Internal Rev- subparagraph (A), any carryforward of an a person, other than a coal producer, who enue Code of 1986 (relating to other defini- issuing authority’s volume cap for calendar does not have a contract, fee arrangement, tions and special rules) is amended by adding year 2008 shall be treated as attributable to or any other agreement with a producer or at the end the following new paragraph: such increase to the extent of such in- seller of such coal to export or ship such coal ‘‘(12) SPECIAL RULES FOR SUBPRIME crease.’’. to a third party on behalf of the producer or REFINANCINGS.— (c) ALTERNATIVE MINIMUM TAX.— seller of such coal and— ‘‘(A) IN GENERAL.—Notwithstanding the re- (1) IN GENERAL.—Clause (ii) of section (A) is indicated in the shipper’s export dec- quirements of subsection (i)(1), the proceeds 57(a)(5)(C) of the Internal Revenue Code of laration or other documentation as the ex- of a qualified mortgage issue may be used to 1986 is amended by striking ‘‘shall not in- porter of record, or refinance a mortgage on a residence which clude’’ and all that follows and inserting (B) actually exported such coal to a foreign was originally financed by the mortgagor ‘‘shall not include— country or shipped such coal to a possession through a qualified subprime loan. ‘‘(I) any qualified 501(c)(3) bond (as defined of the United States, or caused such coal to ‘‘(B) SPECIAL RULES.—In applying this in section 145), or be so exported or shipped. paragraph to any case in which the proceeds ‘‘(II) any qualified mortgage bond (as de- (3) RELATED PARTY.—The term ‘‘a party re- of a qualified mortgage issue are used for fined in section 143(a)) or qualified veterans’ lated to such coal producer’’ means a person any refinancing described in subparagraph mortgage bond (as defined in section 143(b)) who— (A)— issued after the date of the enactment of this (A) is related to such coal producer ‘‘(i) subsection (a)(2)(D)(i) shall be applied subclause and before January 1, 2011.’’. through any degree of common management, by substituting ‘12-month period’ for ‘42- (2) CONFORMING AMENDMENT.—The heading stock ownership, or voting control, month period’ each place it appears, for section 57(a)(5)(C)(ii) is amended by strik- (B) is related (within the meaning of sec- ‘‘(ii) subsection (d) (relating to 3-year re- ing ‘‘QUALIFIED 501(c)(3) BONDS’’ and inserting tion 144(a)(3) of such Code) to such coal pro- quirement) shall not apply, and ‘‘CERTAIN BONDS’’. ducer, or ‘‘(iii) subsection (e) (relating to purchase (d) EFFECTIVE DATE.—The amendments (C) has a contract, fee arrangement, or any price requirement) shall be applied by using made by this section shall apply to bonds other agreement with such coal producer to the market value of the residence at the issued after the date of the enactment of this sell such coal to a third party on behalf of time of refinancing in lieu of the acquisition Act. such coal producer. cost. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term TITLE II—HOUSING GSE AND FHA LOAN means the Secretary of Treasury or the Sec- ‘qualified subprime loan’ means an adjust- LIMITS retary’s designee. able rate single-family residential mortgage SEC. 201. TEMPORARY CONFORMING LOAN LIMIT (e) TIMING OF REFUND.—With respect to loan originated after December 31, 2001, and INCREASE FOR FANNIE MAE AND any claim for refund filed pursuant to this before January 1, 2008, that the bond issuer FREDDIE MAC. section, the Secretary shall determine determines would be reasonably likely to (a) INCREASE OF HIGH COST AREAS LIMITS whether the requirements of this section are cause financial hardship to the borrower if FOR HOUSING GSES.—For mortgages origi- met not later than 180 days after such claim not refinanced. nated during the period beginning on July 1, is filed. If the Secretary determines that the ‘‘(D) TERMINATION.—This paragraph shall requirements of this section are met, the 2007, and ending at the end of December 31, not apply to any bonds issued after Decem- 2008: claim for refund shall be paid not later than ber 31, 2010.’’. 180 days after the Secretary makes such de- (1) FANNIE MAE.—With respect to the Fed- termination. (b) INCREASED VOLUME CAP FOR CERTAIN eral National Mortgage Association, not- (f) INTEREST.—Any refund paid pursuant to BONDS.— withstanding section 302(b)(2) of the Federal this section shall be paid by the Secretary (1) IN GENERAL.—Subsection (d) of section National Mortgage Association Charter Act with interest from the date of overpayment 146 of the Internal Revenue Code of 1986 is (12 U.S.C. 1717(b)(2)), the limitation on the determined by using the overpayment rate amended by adding at the end the following maximum original principal obligation of a and method under section 6621 of such Code. new paragraph: mortgage that may be purchased by the As- (g) DENIAL OF DOUBLE BENEFIT.—The pay- ‘‘(5) INCREASE AND SET ASIDE FOR HOUSING sociation shall be the higher of— ment under subsection (a) with respect to BONDS FOR 2008.— (A) the limitation for 2008 determined any coal shall not exceed— ‘‘(A) INCREASE FOR 2008.—In the case of cal- under such section 302(b)(2) for a residence of (1) in the case of a payment to a coal pro- endar year 2008, the State ceiling for each the applicable size; or ducer, the amount of tax paid under section State shall be increased by an amount equal (B) 125 percent of the area median price for 4121 of the Internal Revenue Code of 1986 to $10,000,000,000 multiplied by a fraction— a residence of the applicable size, but in no with respect to such coal by such coal pro- ‘‘(i) the numerator of which is the popu- case to exceed 175 percent of the limitation ducer or a party related to such coal pro- lation of such State (as reported in the most for 2008 determined under such section ducer, and recent decennial census), and 302(b)(2) for a residence of the applicable size.

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(2) FREDDIE MAC.—With respect to the Fed- Federal Home Loan Mortgage Corporation (3) are not receiving compensation with re- eral Home Loan Mortgage Corporation, not- Act (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-fam- spect to such week under the unemployment withstanding section 305(a)(2) of the Federal ily residence, respectively, bears to the dol- compensation law of Canada. Home Loan Mortgage Corporation Act (12 lar amount limitation determined for 2008 (c) EXHAUSTION OF BENEFITS.—For purposes U.S.C. 1454(a)(2)), the limitation on the max- under such section for a 1-family residence; of subsection (b)(1), an individual shall be imum original principal obligation of a or deemed to have exhausted such individual’s mortgage that may be purchased by the Cor- (2) 175 percent of the dollar amount limita- rights to regular compensation under a State poration shall be the higher of— tion determined for 2008 under such section law when— (A) the limitation determined for 2008 305(a)(2) for a residence of the applicable size (1) no payments of regular compensation under such section 305(a)(2) for a residence of (without regard to any authority to increase can be made under such law because such in- the applicable size; or such limitation with respect to properties lo- dividual has received all regular compensa- (B) 125 percent of the area median price for cated in Alaska, Guam, Hawaii, or the Virgin tion available to such individual based on a residence of the applicable size, but in no Islands); employment or wages during such individual’s base period; or case to exceed 175 percent of the limitation except that the dollar amount limitation in (2) such individual’s rights to such com- determined for 2008 under such section effect under this subsection for any size resi- pensation have been terminated by reason of 305(a)(2) for a residence of the applicable size. dence for any area shall not be less than the the expiration of the benefit year with re- (b) DETERMINATION OF LIMITS.—The areas greater of (A) the dollar amount limitation spect to which such rights existed. and area median prices used for purposes of in effect under such section 203(b)(2) for the the determinations under subsection (a) (d) WEEKLY BENEFIT AMOUNT, ETC.—For area on October 21, 1998; or (B) 65 percent of shall be the areas and area median prices purposes of any agreement under this title— the dollar amount limitation determined for used by the Secretary of Housing and Urban (1) the amount of temporary extended un- 2008 under such section 305(a)(2) for a resi- Development in determining the applicable employment compensation which shall be dence of the applicable size. Any reference in limits under section 202 of this title. payable to any individual for any week of this subsection to dollar amount limitations (c) RULE OF CONSTRUCTION.—A mortgage total unemployment shall be equal to the originated during the period referred to in in effect under section 305 (a)(2) of the Fed- amount of the regular compensation (includ- subsection (a) that is eligible for purchase by eral Home Loan Mortgage Corporation Act ing dependents’ allowances) payable to such the Federal National Mortgage Association means such limitations as in effect without individual during such individual’s benefit or the Federal Home Loan Mortgage Cor- regard to any increase in such limitation year under the State law for a week of total poration pursuant to this section shall be el- pursuant to section 201 of this title. unemployment; igible for such purchase for the duration of (b) DISCRETIONARY AUTHORITY.—If the Sec- (2) the terms and conditions of the State the term of the mortgage, notwithstanding retary of Housing and Urban Development law which apply to claims for regular com- that such purchase occurs after the expira- determines that market conditions warrant pensation and to the payment thereof shall tion of such period. such an increase, the Secretary may, for the apply to claims for temporary extended un- (d) EFFECT ON HOUSING GOALS.—Notwith- period that begins upon the date of the en- employment compensation and the payment standing any other provision of law, mort- actment of this Act and ends at the end of thereof, except— gages purchased in accordance with the in- the date specified in subsection (a), increase (A) that an individual shall not be eligible creased maximum original principal obliga- the maximum dollar amount limitation de- for temporary extended unemployment com- tion limitations determined pursuant to this termined pursuant to subsection (a) with re- pensation under this title unless, in the base section shall not be considered in deter- spect to any particular size or sizes of resi- period with respect to which the individual mining performance with respect to any of dences, or with respect to residences located exhausted all rights to regular compensation the housing goals established under section in any particular area or areas, to an under the State law, the individual had 20 1332, 1333, or 1334 of the Housing and Commu- amount that does not exceed the maximum weeks of full-time insured employment or nity Development Act of 1992 (12 U.S.C. 4562– dollar amount then otherwise in effect pur- the equivalent in insured wages, as deter- 4), and shall not be considered in deter- suant to subsection (a) for such size resi- mined under the provisions of the State law mining compliance with such goals pursuant dence, or for such area (if applicable), by not implementing section 202(a)(5) of the Fed- to section 1336 of such Act (12 U.S.C. 4566) more than $100,000. eral-State Extended Unemployment Com- and regulations, orders, or guidelines issued (c) PUBLICATION OF AREA MEDIAN PRICES pensation Act of 1970 (26 U.S.C. 3304 note); thereunder. AND LOAN LIMITS.—The Secretary of Housing and (e) SENSE OF CONGRESS.—It is the sense of and Urban Development shall publish the (B) where otherwise inconsistent with the the Congress that the securitization of mort- median house prices and mortgage principal provisions of this title or with the regula- gages by the Federal National Mortgage As- obligation limits, as revised pursuant to this tions or operating instructions of the Sec- sociation and the Federal Home Loan Mort- section, for all areas as soon as practicable, retary promulgated to carry out this title; gage Corporation plays an important role in but in no case more than 30 days after the and providing liquidity to the United States date of the enactment of this Act. With re- (3) the maximum amount of temporary ex- housing markets. Therefore, the Congress spect to existing areas for which the Sec- tended unemployment compensation payable encourages the Federal National Mortgage retary has not established area median to any individual for whom a temporary ex- Association and the Federal Home Loan prices before such date of enactment, the tended unemployment compensation account Mortgage Corporation to securitize mort- Secretary may rely on existing commercial is established under section 302 shall not ex- gages acquired under the increased con- data in determining area median prices and ceed the amount established in such account forming loan limits established in this sec- calculating such revised principal obligation for such individual. tion, to the extent that such securitizations limits. (e) ELECTION BY STATES.—Notwithstanding can be effected in a timely and efficient TITLE III—TEMPORARY EXTENDED any other provision of Federal law (and if manner that does not impose additional UNEMPLOYMENT COMPENSATION State law permits), the Governor of a State costs for mortgages originated, purchased, or that is in an extended benefit period may SEC. 301. FEDERAL-STATE AGREEMENTS. securitized under the existing limits or provide for the payment of temporary ex- interfere with the goal of adding liquidity to (a) IN GENERAL.—Any State which desires tended unemployment compensation in lieu the market. to do so may enter into and participate in an of extended compensation to individuals who SEC. 202. TEMPORARY LOAN LIMIT INCREASE agreement under this title with the Sec- otherwise meet the requirements of this sec- FOR FHA. retary of Labor (in this title referred to as tion. Such an election shall not require a (a) INCREASE OF HIGH-COST AREA LIMIT.— the ‘‘Secretary’’). Any State which is a party State to trigger off an extended benefit pe- For mortgages for which the mortgagee has to an agreement under this title may, upon riod. issued credit approval for the borrower on or providing 30 days written notice to the Sec- SEC. 302. TEMPORARY EXTENDED UNEMPLOY- before December 31, 2008, subparagraph (A) of retary, terminate such agreement. MENT COMPENSATION ACCOUNT. section 203(b)(2) of the National Housing Act (b) PROVISIONS OF AGREEMENT.—Any agree- (a) IN GENERAL.—Any agreement under (12 U.S.C. 1709(b)(2)(A)) shall be considered ment under subsection (a) shall provide that this title shall provide that the State will es- (except for purposes of section 255(g) of such the State agency of the State will make pay- tablish, for each eligible individual who files Act (12 U.S.C. 1715z–20(g))) to require that a ments of temporary extended unemployment an application for temporary extended un- mortgage shall involve a principal obligation compensation to individuals who— employment compensation, a temporary ex- in an amount that does not exceed the lesser (1) have exhausted all rights to regular tended unemployment compensation account of— compensation under the State law or under with respect to such individual’s benefit (1) in the case of a 1-family residence, 125 Federal law with respect to a benefit year year. percent of the median 1-family house price in (excluding any benefit year that ended be- (b) AMOUNT IN ACCOUNT.— the area, as determined by the Secretary; fore February 1, 2007); (1) IN GENERAL.—The amount established in and in the case of a 2-, 3-, or 4-family resi- (2) have no rights to regular compensation an account under subsection (a) shall be dence, the percentage of such median price or extended compensation with respect to a equal to the lesser of— that bears the same ratio to such median week under such law or any other State un- (A) 50 percent of the total amount of reg- price as the dollar amount limitation deter- employment compensation law or to com- ular compensation (including dependents’ al- mined for 2008 under section 305(a)(2) of the pensation under any other Federal law; and lowances) payable to the individual during

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S669 the individual’s benefit year under such law; curity Act (42 U.S.C. 1105(a))) of the Unem- thereof, by deductions from any temporary or ployment Trust Fund (as established by sec- extended unemployment compensation pay- (B) 13 times the individual’s average week- tion 904(a) of such Act (42 U.S.C. 1104(a))) able to such individual under this title or ly benefit amount for the benefit year. shall be used for the making of payments to from any unemployment compensation pay- (2) WEEKLY BENEFIT AMOUNT.—For purposes States having agreements entered into under able to such individual under any State or of this subsection, an individual’s weekly this title. Federal unemployment compensation law benefit amount for any week is the amount (b) CERTIFICATION.—The Secretary shall administered by the State agency or under of regular compensation (including depend- from time to time certify to the Secretary of any other State or Federal law administered ents’ allowances) under the State law pay- the Treasury for payment to each State the by the State agency which provides for the able to such individual for such week for sums payable to such State under this title. payment of any assistance or allowance with total unemployment. The Secretary of the Treasury, prior to audit respect to any week of unemployment, dur- (c) SPECIAL RULE.— or settlement by the Government Account- ing the 3-year period after the date such in- (1) IN GENERAL.—Notwithstanding any ability Office, shall make payments to the dividuals received the payment of the tem- other provision of this section, if, at the State in accordance with such certification, porary extended unemployment compensa- time that the individual’s account is ex- by transfers from the extended unemploy- tion to which they were not entitled, except hausted, such individual’s State is in an ex- ment compensation account (as so estab- that no single deduction may exceed 50 per- tended benefit period (as determined under lished) to the account of such State in the cent of the weekly benefit amount from paragraph (2)), then, such account shall be Unemployment Trust Fund (as so estab- which such deduction is made. augmented by an amount equal to the lished). (2) OPPORTUNITY FOR HEARING.—No repay- amount originally established in such ac- (c) ASSISTANCE TO STATES.—There are ap- ment shall be required, and no deduction count (as determined under subsection propriated out of the employment security shall be made, until a determination has (b)(1)). administration account (as established by been made, notice thereof and an oppor- (2) EXTENDED BENEFIT PERIOD.—For pur- section 901(a) of the Social Security Act (42 tunity for a fair hearing has been given to poses of paragraph (1), a State shall be con- U.S.C. 1101(a))) of the Unemployment Trust the individual, and the determination has be- sidered to be in an extended benefit period if, Fund, without fiscal year limitation, such come final. at the time of exhaustion (as described in funds as may be necessary for purposes of as- (d) REVIEW.—Any determination by a State paragraph (1))— sisting States (as provided in title III of the agency under this section shall be subject to (A) such a period is then in effect for such Social Security Act (42 U.S.C. 501 et seq.)) in review in the same manner and to the same State under the Federal-State Extended Un- meeting the costs of administration of agree- extent as determinations under the State unemployment Compensation Act of 1970; ments under this title. employment compensation law, and only in (B) such a period would then be in effect (d) APPROPRIATIONS FOR CERTAIN PAY- that manner and to that extent. for such State under such Act if section MENTS.—There are appropriated from the SEC. 306. DEFINITIONS. 203(d) of such Act were applied as if it had general fund of the Treasury, without fiscal In this title, the terms ‘‘compensation’’, been amended by striking ‘‘5’’ each place it year limitation, to the extended unemploy- ‘‘regular compensation’’, ‘‘extended com- appears and inserting ‘‘4’’; or ment compensation account (as so estab- pensation’’, ‘‘benefit year’’, ‘‘base period’’, (C) such a period would then be in effect lished) of the Unemployment Trust Fund (as ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and for such State under such Act if— so established) such sums as the Secretary ‘‘week’’ have the respective meanings given (i) section 203(f) of such Act was applied to estimates to be necessary to make the pay- such terms under section 205 of the Federal- such State (regardless of whether the State ments under this section in respect of— State Extended Unemployment Compensa- by law had provided for such application); (1) compensation payable under chapter 85 tion Act of 1970 (26 U.S.C. 3304 note). and of title 5, United States Code; and SEC. 307. APPLICABILITY. (ii) such section 203(f) did not include the (2) compensation payable on the basis of (a) IN GENERAL.—Except as provided in requirement under paragraph (1)(A)(ii). services to which section 3309(a)(1) of the In- subsection (b), an agreement entered into SEC. 303. PAYMENTS TO STATES HAVING AGREE- ternal Revenue Code of 1986 applies. under this title shall apply to weeks of un- MENTS FOR THE PAYMENT OF TEM- Amounts appropriated pursuant to the pre- employment— PORARY EXTENDED UNEMPLOY- ceding sentence shall not be required to be (1) beginning after the date on which such MENT COMPENSATION. repaid. agreement is entered into; and (a) GENERAL RULE.—There shall be paid to (2) ending on or before December 31, 2008. each State which has entered into an agree- SEC. 305. FRAUD AND OVERPAYMENTS. (b) TRANSITION FOR AMOUNT REMAINING IN ment under this title an amount equal to 100 (a) IN GENERAL.—If an individual know- ACCOUNT.— percent of the temporary extended unem- ingly has made, or caused to be made by an- (1) IN GENERAL.—Subject to paragraphs (2) ployment compensation paid to individuals other, a false statement or representation of and (3), in the case of an individual who has by the State pursuant to such agreement. a material fact, or knowingly has failed, or amounts remaining in an account estab- (b) TREATMENT OF REIMBURSABLE COM- caused another to fail, to disclose a material lished under section 302 as of December 31, PENSATION.—No payment shall be made to fact, and as a result of such false statement any State under this section in respect of or representation or of such nondisclosure 2008, temporary extended unemployment any compensation to the extent the State is such individual has received an amount of compensation shall continue to be payable to entitled to reimbursement in respect of such temporary extended unemployment com- such individual from such amounts for any compensation under the provisions of any pensation under this title to which the indi- week beginning after such date for which the Federal law other than this title or chapter vidual was not entitled, such individual— individual meets the eligibility requirements 85 of title 5, United States Code. A State (1) shall be ineligible for further temporary of this title. shall not be entitled to any reimbursement extended unemployment compensation under (2) NO AUGMENTATION AFTER DECEMBER 31, under such chapter 85 in respect of any com- this title in accordance with the provisions 2008.—If the account of an individual is ex- pensation to the extent the State is entitled of the applicable State unemployment com- hausted after December 31, 2008, then section to reimbursement under this title in respect pensation law relating to fraud in connection 302(c) shall not apply and such account shall of such compensation. with a claim for unemployment compensa- not be augmented under such section, re- (c) DETERMINATION OF AMOUNT.—Sums pay- tion; and gardless of whether such individual’s State is able to any State by reason of such State (2) shall be subject to prosecution under in an extended benefit period (as determined having an agreement under this title shall be section 1001 of title 18, United States Code. under paragraph (2) of such section). payable, either in advance or by way of reim- (b) REPAYMENT.—In the case of individuals (3) LIMITATION.—No compensation shall be bursement (as may be determined by the who have received amounts of temporary ex- payable by reason of paragraph (1) for any Secretary), in such amounts as the Secretary tended unemployment compensation under week beginning after March 31, 2009. estimates the State will be entitled to re- this title to which they were not entitled, TITLE l—LOW-INCOME HOME ENERGY ceive under this title for each calendar the State shall require such individuals to ASSISTANCE month, reduced or increased, as the case may repay the amounts of such temporary ex- SEC. ll. LOW-INCOME HOME ENERGY ASSIST- be, by any amount by which the Secretary tended unemployment compensation to the ANCE PROGRAM. finds that the Secretary’s estimates for any State agency, except that the State agency (a) IN GENERAL.—In addition to amounts prior calendar month were greater or less may waive such repayment if it determines otherwise made available for fiscal year 2008, than the amounts which should have been that— there are appropriated, out of any money in paid to the State. Such estimates may be (1) the payment of such temporary ex- the Treasury not otherwise appropriated— made on the basis of such statistical, sam- tended unemployment compensation was (1) $500,000,000 for fiscal year 2008, for mak- pling, or other method as may be agreed without fault on the part of any such indi- ing payments under subsections (a) through upon by the Secretary and the State agency vidual; and (d) of section 2604 of the Low-Income Home of the State involved. (2) such repayment would be contrary to Energy Assistance Act of 1981 (42 U.S.C. SEC. 304. FINANCING PROVISIONS. equity and good conscience. 8623); and (a) IN GENERAL.—Funds in the extended un- (c) RECOVERY BY STATE AGENCY.— (2) $500,000,000 for fiscal year 2008, for mak- employment compensation account (as es- (1) IN GENERAL.—The State agency may re- ing allotments under section 2604(a) of the tablished by section 905(a) of the Social Se- cover the amount to be repaid, or any part Low-Income Home Energy Assistance Act of

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S670 CONGRESSIONAL RECORD — SENATE February 5, 2008 1981 (42 U.S.C. 8623(a)) that are made in such NOTICES OF HEARINGS Indian Affairs be discharged from fur- a manner as to ensure that each State’s al- COMMITTEE ON INDIAN AFFAIRS ther consideration of S. 2457 and that lotment percentage is the percentage the the Senate proceed to its immediate Mr. DORGAN. Mr. President, I would State would receive of funds allotted under consideration. such section 2604(a) if the total amount ap- like to announce that the Committee propriated for fiscal year 2008 and available on Indian Affairs will meet on Thurs- The PRESIDING OFFICER. Without to carry out such section 2604(a) had been day, February 7, at 9:30 a.m., in room objection, it is so ordered. less than $1,975,000,000. 628 of the Dirksen Senate Office Build- The clerk will report the bill by title. (b) RELEASE OF FUNDS.—Funds appro- ing in order to conduct a hearing on The assistant legislative clerk read priated under subsection (a)(2), and funds ap- the nomination of Robert G. McSwain as follows: propriated (but not obligated) prior to the A bill (S. 2457) to provide for extensions of date of enactment of this Act for making to be Director of the Indian Health Service. leases of certain land by Mashantucket payments under section 2604(e) of such Act Pequot (Western) Tribe. (42 U.S.C. 8623(e)), shall be released to States Those wishing additional information not later than 30 days after the date of en- my contact the Indian Affairs Com- There being no objection, the Senate actment of this Act. mittee at 224–2251. proceeded to consider the bill. Mr. REID. Mr. President, I ask unan- TITLE l—EMERGENCY DESIGNATION COMMITTEE ON RULES AND ADMINISTRATION imous consent that the amendment at Mrs. FEINSTEIN. Mr. President, SEC. 501. EMERGENCY DESIGNATION. the desk be agreed to, the bill, as there will be a meeting of the Com- For purposes of Senate enforcement, all amended, be read the third time and mittee on Rules and Administration on provisions of this Act are designated as passed, a motion to reconsider be laid emergency requirements and necessary to Wednesday, February 13, 2008 at 10 a.m. upon the table, and any statements re- meet emergency needs pursuant to section in SR–301, Russell Senate Office Build- lating to this measure be printed in the 204 of S. Con. Res. 21 (110th Congress), the ing, in order to hear testimony on Pro- RECORD. concurrent resolution on the budget for fis- tecting Voters at Home and at the cal year 2008. The PRESIDING OFFICER. Without Polls: Limiting Abusive Robocalls and objection, it is so ordered. Vote Caging Practices. SA 3984. Mr. REID proposed an The amendment (No. 3988) was agreed amendment to amendment SA 3983 pro- f to, as follows: posed by Mr. REID to the bill H.R. 5140, AUTHORITY FOR COMMITTEES TO (Purpose: To prohibit gaming activities on to provide economic stimulus through MEET certain land) recovery rebates to individuals, incen- At the end, add the following: COMMITTEE ON FINANCE tives for business investment, and an (c) PROHIBITION ON GAMING ACTIVITIES.—No increase in conforming and FHA loan Mr. BROWN. Mr. President, I ask entity may conduct any gaming activity limits; as follows: unanimous consent that the Com- (within the meaning of section 4 of the In- mittee on Finance be authorized to dian Gaming Regulatory Act (25 U.S.C. 2703)) At the end of the amendment, add the fol- meet during the session of the Senate pursuant to a claim of inherent authority or lowing: on Tuesday, February 5, 2008, at 10 any Federal law (including the Indian Gam- This section shall take effect 4 days after ing Regulatory Act (25 U.S.C. 2701 et seq.) enactment. a.m., in room 215 of the Dirksen Senate Office Building, in order to hear testi- and any regulations promulgated by the Sec- retary of the Interior or the National Indian mony on the President’s fiscal year SA 3985. Mr. REID proposed an Gaming Commission pursuant to that Act) amendment to the bill H.R. 5140, to 2009 budget proposal. on any land that is leased with an option to provide economic stimulus through re- COMMITTEE ON VETERANS’ AFFAIRS renew the lease in accordance with this sec- covery rebates to individuals, incen- Mr. BROWN. Mr. President, I ask tion. tives for business investment, and an unanimous consent for the Committee The bill (S. 2457), as amended, was or- increase in conforming and FHA loan on Veterans’ Affairs to be authorized dered to be engrossed for a third read- limits; as follows: to meet during the session of the Sen- ing, was read the third time, and At the end insert the following: ate on Tuesday, February 5, in order to passed, as follows: This section shall become effective 3 days conduct an oversight hearing entitled: S. 2457 after enactment of the bill. Review of Veterans’ Disability Com- Be it enacted by the Senate and House of Rep- pensation: Rehabilitating Veterans.’’ resentatives of the United States of America in SA 3986. Mr. REID submitted an The Committee will meet in room 418 Congress assembled, amendment which was ordered to lie on of the Russell Senate Office Building, SECTION 1. EXTENSIONS OF LEASES OF CERTAIN the table; as follows: at 9:30 a.m. LAND BY MASHANTUCKET PEQUOT The PRESIDING OFFICER. Without (WESTERN) TRIBE. On line 2, strike 3 and insert 2. objection, it is so ordered. (a) IN GENERAL.—Any lease of restricted land of the Mashantucket Pequot (Western) SA 3987. Mr. REID proposed an SELECT COMMITTEE ON INTELLIGENCE Tribe (referred to in this section as the amendment to amendment SA 3986 pro- Mr. BROWN. Mr. President, I ask ‘‘Tribe’’) entered into on behalf of the Tribe posed by Mr. REID to the bill; as fol- unanimous consent that the Select by the tribal corporation of the Tribe char- lows: Committee on Intelligence be author- tered pursuant to section 17 of the Act of ized to meet during the session of the June 18, 1934 (25 U.S.C. 477), may include an On line 1, strike 2 and insert 1. Senate on February 5, 2008, at 10 a.m. option to renew the lease for not more than 2 additional terms, each of which shall not in order to hold an open hearing. SA 3988. Mr. REID (for Mr. LIEBER- exceed 25 years, subject only to the approval MAN) proposed an amendment to the SELECT COMMITTEE ON INTELLIGENCE of the tribal council of the Tribe. bill S. 2457, to provide for extensions of Mr. BROWN. Mr. President, I ask (b) LIABILITY OF UNITED STATES.—The leases of certain land by Mashantucket unanimous consent that the Select United States shall not be liable to any party for any loss resulting from a renewal Pequot (Western) Tribe; as follows: Committee on Intelligence be authorized to meet during the session of the of a lease entered into pursuant to sub- At the end, add the following: section (a). Senate on February 5, 2008, at 2:30 p.m. (c) PROHIBITION ON GAMING ACTIVITIES.—No (c) PROHIBITION ON GAMING ACTIVITIES.—No entity may conduct any gaming activity in order to hold a closed hearing. entity may conduct any gaming activity (within the meaning of section 4 of the In- The PRESIDING OFFICER. Without (within the meaning of section 4 of the In- dian Gaming Regulatory Act (25 U.S.C. 2703)) objection, it is so ordered. dian Gaming Regulatory Act (25 U.S.C. 2703)) pursuant to a claim of inherent authority or f pursuant to a claim of inherent authority or any Federal law (including the Indian Gam- any Federal law (including the Indian Gam- ing Regulatory Act (25 U.S.C. 2701 et seq.) PROVIDING FOR EXTENSIONS OF ing Regulatory Act (25 U.S.C. 2701 et seq.) and any regulations promulgated by the Sec- LEASES FOR CERTAIN LAND BY and any regulations promulgated by the Sec- retary of the Interior or the National Indian MASHANTUCKET PEQUOT (WEST- retary of the Interior or the National Indian Gaming Commission pursuant to that Act) ERN) TRIBE Gaming Commission pursuant to that Act) on any land that is leased with an option to on any land that is leased with an option to renew the lease in accordance with this sec- Mr. REID. Mr. President, I ask unan- renew the lease in accordance with this section. imous consent that the Committee on tion.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S671 NATIONAL DRUG PREVENTION designed and tested to reduce risk and en- The assistant legislative clerk read AND EDUCATION WEEK hance protective factors, can help children as follows: at every step along their developmental Mr. REID. Mr. President, I ask unan- A resolution (S. Res. 443) designating Feb- path, from early childhood into young adult- ruary 2008 as ‘‘Go Direct Month.’’ imous consent that the Judiciary Com- hood; mittee be discharged from further con- Whereas prevention efforts should be flexi- There being no objection, the Senate sideration of S. Res. 434, and the Sen- ble enough to address and prevent local prob- proceeded to consider the resolution. ate now proceed to its immediate con- lems before they become national trends; Mr. REID. Mr. President, I ask unan- sideration. Whereas research has demonstrated that imous consent that the resolution be The PRESIDING OFFICER. Without there are 4 major targets of prevention: agreed to, the preamble be agreed to, youth, parents, schools (including colleges and the motions to reconsider be laid objection, it is so ordered. and universities), and communities and so- The clerk will report the resolution upon the table. cial environments that must be reinforced by The PRESIDING OFFICER. Without by title. each other to have the greatest effect in de- The assistant legislative clerk read terring the consequences of drug use; objection, it is so ordered. as follows: Whereas a comprehensive blend of individ- The resolution (S. Res. 443) was ually and environmentally focused efforts agreed to. A resolution (S. Res. 434) designating the The preamble was agreed to. week of February 10 through 16, 2008 as ‘‘Na- must be adopted and a variety of strategies tional Drug Prevention and Education must be implemented across multiple sectors The resolution, with its preamble, Week.’’ of a community to reduce drug use; reads as follows: Whereas community anti-drug coalitions S. RES. 443 There being no objection, the Senate are an essential component of any drug pre- Whereas, in fiscal year 2007, nearly 60,000 proceeded to consider the resolution. vention and education campaign because checks issued by the Department of the Mr. REID. Mr. President, I ask unan- they are data driven, know their community Treasury, worth approximately $56,000,000, epidemiology, and are capable of under- imous consent that the resolution be were endorsed by forgery; standing and implementing the multi-sector agreed to, the preamble be agreed to, Whereas the Department of the Treasury interventions required to reduce the avail- the motion to reconsider be laid upon receives approximately 1,400,000 inquiries ability and use of drugs; the table with no intervening action or each year regarding problems with paper Whereas community anti-drug coalitions checks; debate, and any statements relating to help to change community norms, laws, poli- Whereas, each month, nearly 12,000,000 so- this matter be printed in the RECORD as cies, regulations, and procedures to create an cial security and other Federal benefit pay- if given. environment that discourages the use of ments are made with checks; The PRESIDING OFFICER. Without drugs; Whereas the United States would generate Whereas school-based prevention programs objection, it is so ordered. approximately $132,000,000 in annual savings should be part of a comprehensive commu- The resolution (S. Res. 434) was if all Federal benefit checks were paid by di- nity wide approach to deal with drug use; agreed to. rect deposit; Whereas the more successful we are at gen- The preamble was agreed to. Whereas the use of direct deposit is a more eral prevention of drug use in younger ado- secure, reliable, and cost-effective method of The resolution, with its preamble, lescents, the less we will have to deal with payment than paper checks because the use reads as follows: the concomitant economic and societal con- of direct deposit— S. RES. 434 sequences of their use; (1) helps protect against identity theft and Whereas recent survey data suggests that Whereas the total economic cost of drug, fraud; illegal drug use among youth has declined by alcohol, and tobacco abuse in the United (2) provides easier access to funds during 24 percent since 2001; States is more than $500,000,000,000; emergencies and natural disasters; and Whereas, despite the reduction in drug use Whereas the savings per dollar spent on (3) provides the people of the United States among youth, the number of 8th, 10th, and substance abuse prevention rather than on with more control over their money; 12th graders who use drugs remains too high substance abuse treatment are substantial, Whereas the Department of the Treasury and the rates of prescription and over-the- and can range from $2.00 to $20.00; and the Federal Reserve Banks have counter drug abuse are alarming; Whereas there will always be new and launched Go Direct, a national campaign to Whereas the overall rate of current illegal emerging drug trends that require additional motivate people who receive Federal benefit drug use among persons aged 12 or older is 8.3 prevention and education efforts; payments to use direct deposit to receive percent, which has remained stable since Whereas preventing drug use before it be- those payments; 2002; gins and educating the public about the dan- Whereas Go Direct works with more than Whereas ecstasy (methylenedioxy- gers of drug use is a critical component of 1,100 partners across the Nation, including fi- methamphetamine, or MDMA) use among what must be a consistent and comprehen- nancial institutions, advocacy groups, and high school age youth has been rising since sive effort to stunt and decrease drug use community organizations; 2004; rates throughout the country; and Whereas more than 130 financial institu- Whereas, while methamphetamine use is Whereas thousands of community anti- tions representing 25,000 branches nation- down among 8th, 10th, and 12th graders, drug coalition leaders and community based wide participated in the 2007 ‘‘Go Direct many counties across the country still re- substance abuse prevention, treatment, and Champions’’ competition to encourage the port that methamphetamine is a serious education specialists come to Washington, use of direct deposit among people who re- drug problem; DC to receive state-of-the-art technical as- ceive Federal benefit payments; and Whereas 25 percent of youth in the 10th sistance, training, and education on drug Whereas more than 1,600,000 people in the grade reported the use of marijuana during prevention at the Community Anti-Drug Co- United States have switched from paper the past year; alition of America’s Annual National Lead- checks to direct deposit to receive Federal Whereas youth who first smoke marijuana ership Forum in February: Now, therefore, benefit payments since Go Direct launched in under the age of 14 are more than 5 times as be it the fall of 2004: Now, therefore, be it likely to abuse drugs in adulthood; Resolved, That the Senate— Resolved, That the Senate— Whereas nearly 6 percent of 12th graders (1) designates the week of February 10–16, (1) designates February 2008 as ‘‘Go Direct have used over-the-counter cough and cold 2008, as ‘‘National Drug Prevention and Edu- Month’’; medications in the past year for the purpose cation Week’’; and (2) supports the goals and ideals of the Go of getting high; (2) urges communities, schools, parents, Direct campaign; Whereas Vicodin remains one of the most and youth to engage in, and carry out, appro- (3) commends Federal, State, and local commonly abused drugs among 12th graders, priate prevention and education activities governments, nonprofit agencies, and the with 1 in 10 reporting nonmedical use within and programs to reduce and stop drug use be- private sector for promoting February as Go the past year; fore it starts. Direct Month; and Whereas teenagers’ and parents’ lack of f (4) encourages people in the United States understanding of the potential harms of who are eligible to receive social security or these powerful medicines makes it even DESIGNATING FEBRUARY 2008 AS other Federal benefit payments to— more critical to raise public awareness about ‘‘GO DIRECT MONTH’’ (A) participate in events and awareness the dangers associated with their non-med- Mr. REID. Mr. President, I ask unan- initiatives held during the month of Feb- ical use; imous consent that the Senate proceed ruary with respect to using direct deposit; Whereas the rates of use for any illegal (B) become informed about the conven- drug are directly related to the perception of to the consideration of S. Res. 443. ience and safety of direct deposit; and harm and social disapproval; The PRESIDING OFFICER. The (C) consider signing up for direct deposit of Whereas more than 20 years of research has clerk will report the resolution by social security or other Federal benefit pay- demonstrated that prevention interventions, title. ments.

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S672 CONGRESSIONAL RECORD — SENATE February 5, 2008 THE STIMULUS PACKAGE will vote on tomorrow, is a good piece leagues, nine of them, we need nine of Mr. REID. Mr. President, before we of legislation—the Arizona Republic, them. We know we have three from the leave, I want to say a couple of things. the Los Angeles Times—and we have Finance Committee, and I hope we It is a very important vote we have had support from all over the country. have some other brave souls who will tomorrow. I want the Senate to know I will quote directly from the Presi- do the right thing for the American we have received support from all over dent’s State of the Union Address when people and not follow the path that for the country on the Senate stimulus he said: 7 years has led this country into a pe- package. I picked two of these just to We should allow State housing agencies to riod of where today—the last report I comment on at this time. issue tax free bonds to help homeowners refi- got is the Dow Jones was down about The Los Angeles Times editorial pol- nance their mortgages. (Applause.) 350 points. Up and down—it is very bad icy in recent years has not been very This was greeted by applause. for the economy. progressive in nature, but to date here These are difficult times for many Amer- My Republican colleagues should un- is what they said: ican families, and by taking these steps, we derstand that the White House has can help more of them to keep their homes. It’s looking all but certain that Congress done the country and not done the Re- will pass an economic stimulus bill before That is in our bill. publicans any favors during these past mid-February, which isn’t necessarily good We are going to have an opportunity 7 years. The economy is in a deep trip news. It’s questionable whether handing tax- at a quarter to 6 tomorrow to vote on south, and we have to do what we can payers a few hundred bucks each would real- this package. We are not going to pick to rectify that situation. It would help ly jolt a sluggish economy, yet there’s no and choose which of these provisions if we passed our package. I cannot doubt at all that it would increase an al- on a bipartisan basis is placed in the imagine why they would keep walking ready scary national debt. Still, some stim- bill. Are we going to throw overboard uli are more appealing than others, and if we over that cliff as a result of what this must have a bill, the Senate has a better the seniors? No, they are part of the President is telling them to do. It is plan than the House. package. Are we going to throw under disaster for them. It is disaster for the Among other things, this editorial the bus disabled veterans? No. Are we American people. And nine of them says: going to do away with these business should step forward and do the right provisions that the business commu- The Senate’s plan extends unemployment thing. insurance by an additional 13 weeks, pro- nity loves because it will create jobs? Senator GRASSLEY supports this vides rebate checks to about 20 million sen- Are we going to throw over the home- package. Senator GRASSLEY is one of iors living on Social Security and about builders who are in Washington trying the most conservative Members in this 250,000 disabled veterans (neither group to get this package passed? No. It is entire Senate. He is doing it because it would get a penny under the House version), important. It is important because it is the right thing to do. This gen- and expands home-heating subsidies. Jobless will stop foreclosures. It will help an tleman farmer is a great legislator. My people and those on fixed incomes are much industry that is in peril. Are we going Republican colleagues, support this more likely to spend their rebate checks to tell people who are unemployed, quickly than those in the middle class, so if man, support the ranking member of the goal is to stimulate spending, this is pre- some of whom have been unemployed the Finance Committee. It would be cisely the population Congress should be tar- for a long period of time, that we are good for our country, good for our geting. not going to help them, we are going to economy. The Senate also addresses one of the big- strip them out of the package? f gest failings of last year’s energy bill. Wind Everything we have in this bill is and solar power installations are growing at good. We have to go to conference any- ORDERS FOR WEDNESDAY, a sizzling pace, but that growth is fueled by way because there is a provision in FEBRUARY 6, 2008 production tax credits that expire at the end here dealing with people who are un- Mr. REID. Mr. President, I ask unan- of next year. An extension was stripped from the energy bill because of an unrelated dis- documented and getting benefits. imous consent that when the Senate pute over taxing oil companies. The credits This is a program, it is a package, it completes its business today, it stand must be extended as quickly as possible be- is a good package. That is why we have adjourned until 9:30 a.m. tomorrow; cause investors won’t pump money into had support from all over the country that following the prayer and pledge, clean power if there’s a danger of losing their as to how much better it is than the the Journal of proceedings be approved tax incentives. Renewable energy reduces re- proposal we got from the House. Is to date, the morning hour be deemed liance on foreign oil while cutting green- there anything wrong with the House expired, the time for the two leaders be house gases and other pollutants; green tech- bill? No, not as far as it goes; it just reserved for their use later in the day; nology is also an extremely promising growth industry that could help make up for didn’t go far enough. Democrats will there then be a period of morning busi- the loss of manufacturing jobs. vote for this bill, all 51 Democrats will ness for up to 60 minutes, with Sen- The final paragraph of the editorial vote for this, but I plead with my Re- ators permitted to speak therein for up is as follows: publican friends, this is an important to 10 minutes each, the time equally di- piece of legislation, not for Democrats, vided and controlled between the two McCain has made much during the campaign about his determination to combat not for Republicans, it is for the Amer- leaders or their designees, with the ma- global warming. If he’s the man of convic- ican people. jority in control of the first half and tion he claims to be, he should return to I was called by one of my Senators the Republicans in control of the final Washington and back the Baucus bill. this afternoon. He said he talked with half; that following morning business, That was the Los Angeles Times. one of the Republican Senators, one of the Senate resume consideration of S. Mr. President, now the Arizona Re- the senior Senators, and said: Can you 2248, the FISA bill. public, which is a very conservative support us? He said: No, I can’t because The PRESIDING OFFICER. Without publication. That is an understate- the Republican leader said at our con- objection, it is so ordered. ment. But here is what they said: ference today that he thinks we will f have an opportunity to put in the sen- The economic stimulus package from Con- PROGRAM gress needs some power. Renewable power. iors. The plan should include an extension of tax Democrats are not willing to throw Mr. REID. Mr. President, with the credits for renewable-energy sources, such as overboard the very needy people who agreement we just entered on the eco- wind, solar and geothermal. we believe should be part of this pack- nomic stimulus bill, there will be a We would get a three-for-one impact: cre- age. It is a package and it is a good rollcall vote at 5:45 p.m. on the cloture ating jobs, diversifying our energy supply, package. Are my Republican colleagues motion on the Finance amendment. In and reducing pollution. These aren’t new tax credits. They’re ex- going to tell the unemployed it is un- addition, Senators should be aware isting ones that are serving us well. Last necessary they get help? Are they rollcall votes are possible earlier in the year, nearly 6,000 megawatts of renewable going to tell the business community day. I would hope that is the case. energy came on line. That injected $20 bil- this is not necessary now? I am not We don’t have an agreement on FISA lion into the economy. . . . going to go through all the provisions yet, but I have been given the assur- Mr. President, this bill that came out of the legislation, but it is good, it is a ance by my Republican colleagues of the Finance Committee, which we package. And my Republican col- that, for example, the amendment the

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2008 CONGRESSIONAL RECORD — SENATE S673 Presiding Officer and Senator SPECTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS K. CURRY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED RONALD D. DEGUZMAN, 0000 are going to offer should be debated to- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARTHUR J. DELORIMIER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PAUL DUCH, 0000 morrow. There should be time before NATHAN S. ELLIS, 0000 we have the 5:45 vote. We have a very To be vice admiral MICHAEL A. ESLAVA, 0000 LESLIE S. FOSTER, 0000 REAR ADM. HARRY B. HARRIS, JR., 0000 important amendment to debate that JAMES L. FURGERSON, 0000 has to be completed with Senator DODD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROGER A. GALLUP, 0000 DEAN A. GANT, 0000 and Senator FEINSTEIN regarding im- IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROBERT V. GIBBONS, 0000 munity. Senator FEINSTEIN has the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THOMAS W. GIBSON, 0000 JOHN E. GLORIOSO, JR., 0000 ability to offer an amendment, and I To be vice admiral ELIZABETH C. GOLLADAY, 0000 DOMINGO P. GONZALEZ, 0000 hope we have votes on these and get rid REAR ADM. ELIZABETH A. HIGHT, 0000 of a lot of this tomorrow. We have been JESS A. GRAHAM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KURT W. GRATHWOHL, 0000 told the last few days that we could IN THE UNITED STATES NAVY TO THE GRADE INDICATED THOMAS W. GREIG, 0000 have some votes and we wind up not WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FERNANDO B. GUERENA, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK D. HARRIS, 0000 having votes, but I hope we can. BENJAMIN P. HARRISON, 0000 To be vice admiral ERIC R. HELLING, 0000 f JAVIER HERNANDEZ, 0000 REAR ADM. JOHN M. BIRD, 0000 CHRISTINA C. HILL, 0000 ADJOURNMENT UNTIL 9:30 A.M. PEYTON H. HURT, 0000 IN THE ARMY LESLIE W. JACKSON, 0000 TOMORROW BOBBY W. JONES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD P. KING, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY Mr. REID. Mr. President, I now ask ANDREW J. KOSMOWSKI, 0000 UNDER TITLE 10, U.S.C., SECTION 624: unanimous consent that the Senate RICHARD K. KYNION, 0000 To be major ROBERT C. LADD, 0000 stand adjourned under the previous SARAH L. LENTZKAPUA, 0000 SAMUEL H. WILLIAMS, 0000 DALE H. LEVANDOWSKI, 0000 order now before the Senate. MICHAEL D. LEWIS, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR There being no objection, the Senate, KENNETH K. LINDELL, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ERIC T. LUND, 0000 UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, at 7:23 p.m., adjourned until Wednes- WENDY MA, 0000 U.S.C., SECTIONS 531 AND 3064: day, February 6, 2008, at 9:30 a.m. CHRISTIAN R. MACEDONIA, 0000 To be major MICHAEL S. MACHEN, 0000 f MAMMEN P. MAMMEN, JR., 0000 MICHAEL R. BROOKS, 0000 RODRIGO A. MARIANO, 0000 NOMINATIONS STEPHEN N. MARKS, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR ALBERT J. MARTINS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE Executive nominations received by JEFFREY P. MAWHINNEY, 0000 UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER GEORGE L. MAXWELL, 0000 TITLE 10, U.S.C., SECTIONS 531 AND 3064: the Senate: GARNER P. MCKENZIE, 0000 DEPARTMENT OF STATE To be major EDWARD C. MICHAUD III, 0000 CAROL A. MOORES, 0000 HUGO LLORENS, OF FLORIDA, A CAREER MEMBER OF JAMES E. DAVIS, 0000 ERIC D. MORGAN, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- FLETCHER M. MUNTER, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND KELLY A. MURRAY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JAMES M. NOLD, 0000 UNITED STATES ARMY MEDICAL SPECIALIST CORPS TO THE REPUBLIC OF HONDURAS. KEVIN C. OCONNOR, 0000 UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: MARIANNE MATUZIC MYLES, OF NEW YORK, A CAREER ERIC W. OLINS, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be lieutenant colonel HOLLY L. OLSON, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- PATRICK G. OMALLEY, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MICHAEL G. RYDER, 0000 DANIEL E. PARKS, 0000 OF AMERICA TO THE REPUBLIC OF CAPE VERDE. PAUL F. PASQUINA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRIS A. PETERSON, 0000 DEPARTMENT OF JUSTICE TO THE GRADE INDICATED IN THE UNITED STATES ARMY RICHARD P. PETRI, JR., 0000 DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MICHAEL L. PLACE, 0000 CLYDE R. COOK, JR., OF NORTH CAROLINA, TO BE AND 3064: UNITED STATES MARSHAL FOR THE EASTERN DISTRICT JAMES M. PTACEK, 0000 OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, To be colonel MARK M. REEVES, 0000 VICE CHARLES R. REAVIS. VERONICA J. ROOKS, 0000 MARVIN P. ANDERSON, 0000 DANIEL J. SCHISSEL, 0000 IN THE ARMY JAMES W. BAIK, 0000 GUNTHER J. SHEN, 0000 JOSEPH S. COWARD, 0000 ERIC E. SHUPING, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID FERGUSON, 0000 HYUN S. SIM, 0000 AS THE VICE CHIEF OF STAFF, UNITED STATES ARMY TO MARK R. GLEISNER, 0000 NEIL H. SITENGA, 0000 THE GRADE INDICATED WHILE ASSIGNED TO A POSITION JULIO GONZALES III, 0000 DOUGLAS W. SODERDAHL, 0000 OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, ROBERT G. HALE, 0000 JOHN J. STASINOS, 0000 U.S.C., SECTIONS 601 AND 3034: WILLIAM HANN, 0000 ALEXANDER STOJADINOVIC, 0000 To be general DAVID B. HEMBREE, 0000 MICHAEL J. SUNDBORG, 0000 WALTER A. HENRY, 0000 JOSEPH B. SUTCLIFFE, 0000 LT. GEN. RAYMOND T. ODIERNO, 0000 JEFFREY A. HODD, 0000 DONALD L. TAILLON, 0000 VALERIE E. HOLMES, 0000 MAUREEN L. TATE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUBREY R. HOPKINS, JR., 0000 CHARLES L. TAYLOR, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DAVID M. JEFFALONE, JR., 0000 KENNETH TRZEPKOWSKI, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHRISTOPH I. LANGER, 0000 MANUEL VALENTIN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SUNG Y. LEE, 0000 DAVID P. VETTER, 0000 To be general RICHARD E. LYNNE, 0000 DALE L. WALDNER, 0000 TROY MARBURGER, 0000 CRAIG R. WEBB, 0000 LT. GEN. MARTIN E. DEMPSEY, 0000 TIMOTHY A. MITCHENER, 0000 PAUL W. WHITECAR, 0000 JOHN B. MOODY, 0000 ANDREW R. WIESEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSE E. OLAZAGASTI, 0000 RICHARD K. WINKLE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DIANNE PANNES, 0000 KEITH J. WROBLEWSKI, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GRANT A. PERRINE, 0000 VIRGINIA D. YATES, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ALBERT E. SCOTT, JR., 0000 D0000 To be lieutenant general GREGORY W. SILVER, 0000 DAVID C. SMISSON, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAJ. GEN. KATHLEEN M. GAINEY, 0000 THOMAS S. SYMPSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES L. THOMPSON, 0000 MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT R. THRASHER, 0000 SECTIONS 624 AND 3064: IN THE UNITED STATES ARMY TO THE GRADE INDICATED CRAIG P. TORRES, 0000 To be major UNDER TITLE 10, U.S.C., SECTION 624: FRANKLIN E. TUTTLE, 0000 To be major general MARK V. VAIL, 0000 NICOLAS AGUILAR, 0000 RICHARD L. ANSCHUTZ, 0000 BRIG. GEN. SCOTT G. WEST, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORMAN W. AYOTTE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROGER L. BALL, 0000 IN THE MARINE CORPS MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 DAVID J. BAUDER, 0000 AND 3064: DANIEL J. BEQUILLARD, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel JAMES H. BOONE, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE NATHAN T. BOYKIN, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN P. ALBANO, 0000 STEVEN L. BRIGGS, 0000 To be major general CHRISTINA M. BELNAP, 0000 BRIAN L. BURGEMASTER, 0000 DAVID M. BENEDEK, 0000 RENEE E. COLE, 0000 BRIG. GEN. DARRELL L. MOORE, 0000 NANCY B. BLACK, 0000 MICHAEL J. COOTE, 0000 EDWARD H. BOLAND, 0000 COLLEEN A. DANIELS, 0000 IN THE NAVY STEVEN J. BREWSTER, 0000 SEAN F. DELGREGO, 0000 JOHN CARAVALHO, 0000 GEORGE J. DEVITA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MELINDA A. CAVICCHIA, 0000 JULIANE L. DOUGLAS, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARTHUR B. CHASEN, 0000 DAVID N. FELTWELL, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KENNETH H. CHO, 0000 DANIEL P. FISHER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FRANK L. CHRISTOPHER, 0000 TIMOTHY J. FLAUGHER, 0000 To be vice admiral JEFFREY L. CLEMONS, 0000 BONNIE J. GARCIA, 0000 RODNEY L. COLDREN, 0000 MICHAEL P. GARRISON, 0000 REAR ADM. DERWOOD C. CURTIS, 0000 TRINKA S. COSTER, 0000 DEREK A. GEORGE, 0000

VerDate Mar 15 2010 23:22 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 9801 E:\2008SENATE\S05FE8.REC S05FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S674 CONGRESSIONAL RECORD — SENATE February 5, 2008

JEFFREY P. GODWIN, 0000 BILL D. MICHIE, JR., 0000 RANAE T. LOWE, 0000 JOHN S. HAUCK, 0000 MATTHEW A. MOSER, 0000 ALICIA A. MADORE, 0000 DANNY H. HEIDENREICH, 0000 JACQUELINE L. MOYER, 0000 BERGEN C. MAHONEY, 0000 DALE L. HERD, 0000 GARY L. MURVIN, 0000 KENNEDY N. MBAJONAS, 0000 DARREN L. HIGHTOWER, 0000 JOEL B. NEUENSCHWANDER, 0000 CANDACE A. MCNEIL, 0000 OWEN T. HILL, 0000 CHRISTOPHER L. NEWELL, 0000 PAUL C. MICHAEL, 0000 LISA A. HIRN, 0000 JOHN G. NGUYEN, 0000 KEVIN F. NICCUM, 0000 AMY L. JACKSON, 0000 DAN F. OHAMA, 0000 MICHAEL U. NNADOZIE, 0000 LARRY T. LONG, 0000 BRIAN D. OLEARY, 0000 RACHEL E. PARK, 0000 CHRISTOPHER A. LUSTER, 0000 DEREK C. OLIVER, 0000 JOSHUA D. PAUL, 0000 TOBEN R. LYBARGER, 0000 LIZA J. ONEAL, 0000 LORNA D. PEAY, 0000 CYNTHIA L. MCLEAN, 0000 DENNIS J. OREILLY, 0000 BARRY P. RAINWATER, 0000 DONNA F. MOULTRY, 0000 CABRERA F. ORTIZ, 0000 ERNESTO A. RAYMUNDO, 0000 ELIZABETH E. PAINTER, 0000 MICHAEL D. PAGOTTO, 0000 MICHELLE M. RIPKA, 0000 PAUL R. PATTERSON, 0000 ROBERT V. PARISH, 0000 THURMAN J. SAUNDERS, 0000 GREGORY M. POLLMAN, 0000 MICHAEL D. PERKINS, 0000 JOELLEN M. SCHIMMELS, 0000 CHARLES D. QUICK, 0000 ADAM J. PETERS, 0000 AARON D. SEARS, 0000 ELIZABETH A. REESE, 0000 GORDON W. POMEROY, 0000 TERESA J. SEXTON, 0000 DEJUANA L. RIAT, 0000 TYQUESE L. PRATTCHAMBERS, 0000 HOLLY L. SHENEFIEL, 0000 CHAD M. RODARMER, 0000 CORY P. PRICE, 0000 ANN L. SIMPSON, 0000 JULIE C. RYLANDER, 0000 ROGER R. PRICE, 0000 SCOTT W. SMITH, 0000 DANA B. SCHAFFER, 0000 DANIEL P. RABOIN, 0000 JENNIFER V. SNELSON, 0000 PAUL J. SCHILLACI, 0000 JENNIFER L. RAMEY, 0000 BLESILDA M. SPRATLEY, 0000 JOHN M. SLEVIN, 0000 NATHAN C. RAUCH, 0000 SAUNDRA C. STINEHART, 0000 BILL A. SOLIZ, 0000 COLLEEN M. REICHENBERG, 0000 GUY G. STLOUIS, 0000 TROY V. VAUGHN, 0000 KEVIN J. RIDDERHOFF, 0000 JERRY B. STOVER, 0000 GORDON R. WASHINGTON, 0000 ROBLEY S. RIGDON, 0000 HEATHER A. SUESCUN, 0000 BRENDA D. WHITE, 0000 EDWIN H. RODRIGUEZROSA, 0000 JIMMIE J. TOLVERT, 0000 D0000 MICHAEL D. RONN, 0000 CLIFFORD E. VARNER, 0000 THOMAS M. ROUNTREE, 0000 ELBA M. VILLACORTA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM H. RUDDER III, 0000 SARA I. VILLACORTA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY GINNETTE RUTH, 0000 DAVID A. VOLLBRECHT, 0000 MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JOY A. SCHMALZLE, 0000 KEVAN S. WEAVER, 0000 TIONS 624 AND 3064: THOMAS W. SHERBERT, 0000 GORDON F. WEST, 0000 KIMBERLEE J. SHORT, 0000 To be major WILLIAM C. WHITACRE, 0000 JEREMIAH J. SIMPSON, 0000 HAROLD E. WILLIAMS, 0000 DOREENE R. AGUAYO, 0000 ANDREW G. SIMS, JR., 0000 JOHN T. WILSON, 0000 FELY O. ANDRADA, 0000 GARY D. SINCLAIR, 0000 CAZURRO M. ARROYO, 0000 DAVID C. SLOAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WERNER J. BARDEN, 0000 JACOB C. SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON C. BARNHILL, 0000 KIRSTEN S. SMITH, 0000 VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS RICHARD A. BARTON, JR., 0000 JON C. SONNEMAN, 0000 624 AND 3064: JOHN E. BEZOU, JR., 0000 KENNETH D. SPICER, 0000 KYLE P. BOURQUE, 0000 VEASNA T. SREY, 0000 To be major DIXIE D. BRAY, 0000 JAMES G. STANLEY, 0000 KRISTIN E. AGRESTA, 0000 JILL E. BREITBACH, 0000 HARRY M. STEWART, JR., 0000 ABBE D. AMES, 0000 DAVID W. BRINES, 0000 RODERICK R. STOUT, 0000 NEEL I. AZIZ, 0000 MATTHEW L. BROWN, 0000 GEORGE THORNE, 0000 JEREMY J. BEARSS, 0000 MICHAEL A. BUKOVITZ, 0000 STUART D. TYNER, 0000 DALE R. BEEBE, 0000 GRAHAM T. BUNDY, 0000 JOHN A. URCIUOLI, 0000 TODD M. BELL, 0000 KEITH M. BURNETTE, 0000 MICHAEL C. VANHOVEN, 0000 ROBIN L. BURKE, 0000 OSCAR A. CABRERA, 0000 CHALTU N. WAKIJRA, 0000 STEPHEN E. CASSLE, 0000 ETHAN P. CARTER, 0000 BRIAN J. WALLACE, JR., 0000 TROY D. CREASON, 0000 ROBERT N. CARTER III, 0000 MICHAEL J. WATKINS, 0000 STEPHANIE E. FONSECA, 0000 BRIAN CHAMPINE, 0000 STACEY T. WEBB, 0000 MICHAEL D. HANSEN, 0000 TRISHA A. COBB, 0000 CHAN L. WEBSTER, 0000 KEVIN L. HINTON, 0000 MICHAEL M. COE, 0000 WILLIAM D. WHITAKER, 0000 PAUL J. HOLLIER, 0000 TRACY A. COFFIN, 0000 ROBIN F. WILLIAMS, 0000 LUIS A. LUGOROMAN, 0000 DAVID B. COWGER, 0000 ABDUL R. WILLIS, 0000 SALVADOR N. NASSRI, 0000 WILLIAM G. COX, JR., 0000 GREGORY C. WILSON, 0000 JODI L. NICKLAS, 0000 MATTHEW M. CURLEE, 0000 MAX WU, 0000 ANGELA K. PARKER, 0000 LAURA D. DEPALMA, 0000 MATTHEW M. WYATT, 0000 MICHAEL R. POKRYFKE, 0000 CHARLES A. DITUSA, 0000 GEORGE J. ZECKLER, 0000 OLIVIA PRICE, 0000 MARY T. DORRITIE, 0000 PATTI K. RICE, 0000 NICOLE M. DOYLE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHELLE THOMPSON, 0000 CHRISTOPHER L. DURK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY NATHAN K. DUTMER, 0000 NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND IN THE MARINE CORPS DEBORAH A. ENGERRAN, 0000 3064: YUN H. FAN, 0000 To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LOUIS D. FAUST, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- STEFAN FERNANDEZ, 0000 ROY W. ALABRAN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: DARRYL A. FOREST, 0000 KRISTIN D. AMEGIN, 0000 To be lieutenant colonel NATHANAEL C. FORRESTER, 0000 MARIE L. BANKS, 0000 PHILLIP W. FRANKS, 0000 MICHAEL W. BENTLEY, 0000 BAMIDELE J. ABOGUNRIN, 0000 CHARLA E. GADDY, 0000 SHARON M. BLAIR, 0000 ROBERT J. ALLEN, 0000 ROBERT A. GEDDIE, 0000 DANIEL A. BLAZ, 0000 DAWN R. ALONSO, 0000 DANIEL W. GERSTENFIELD, 0000 TAMEKA D. BOWSER, 0000 OSCAR M. ALVAREZ II, 0000 JOHN D. GOETTE, JR., 0000 DAVID F. BOYD III, 0000 CHARLES M. ANDREWS, JR., 0000 JEREMY L. GOODIN, 0000 SAMUEL A. BRACKEN, 0000 PHILIP G. ANTEKEIER, 0000 MARIO K. GOULD, 0000 JODI L. BREHMER, 0000 WILLIAM E. ARICK III, 0000 DAVID M. GROOM, 0000 JAMEY L. BROACH, 0000 KENNETH L. ASBRIDGE III, 0000 JASON HALES, 0000 CRAIG S. BUDINICH, 0000 RHESA J. ASHBACHER, 0000 JAMES H. HALL, 0000 BRETT G. BUEHNER, 0000 HUGH L. ATKINSON, 0000 DEEPA HARIPRASAD, 0000 SEAN W. BURKE, 0000 WILLIAM L. BABCOCK, JR., 0000 MARK S. HAYDEN, 0000 JENNIFER R. BUTERA, 0000 JAMES H. BAIN, 0000 DARREN C. HICKS, 0000 DAVID A. CARTER, 0000 RICHARD S. BARNES, 0000 CHARLOTTE L. HILDEBRAND, 0000 ADAM L. CHENEY, 0000 JOHN B. BARRANCO, JR., 0000 JEFFERY S. HOGUE, 0000 JACQUELINE A. CLEMENTS, 0000 ARA E. BARTON, 0000 MICHELE E. HUDAK, 0000 JESSICA M. COUNTS, 0000 GEORGE B. BEACH, 0000 BARRON K. HUNG, 0000 SHANE A. CRASK, 0000 GEORGE S. BENSON, 0000 MARCUS A. HURD, 0000 KATE M. DISNEY, 0000 CHARLES T. BERRY, 0000 DOMINICK J. IVENER, 0000 ANGELA M. DOWNS, 0000 JOHN R. BINDER III, 0000 WADE D. JACKSON, 0000 ANA M. FOSTER, 0000 HAYNESLY R. BLAKE, 0000 RICHARD G. JARMAN III, 0000 JIMMIE C. FOSTER, 0000 PETER S. BLAKE, 0000 THOMAS A. JARRETT, 0000 BRAD E. FRANKLIN, 0000 BRIAN R. BLALOCK, 0000 KENDA K. JEFFERSON, 0000 STACEY S. FREEMAN, 0000 DAVID H. BOHN, 0000 GEORGE M. JOHNSON, 0000 SUSAN K. FRISBIE, 0000 ANTHONY C. BOLDEN, 0000 NICHOLAS E. JOHNSON, 0000 REYES M. GARCIA, 0000 DEMETRIUS J. BOLDUC, 0000 GEORGE H. KALLSTROM, 0000 MATTHEW K. GARRISON, 0000 DAVID C. BORKOWSKI, 0000 BRADLEY D. LADD, 0000 CATRACY R. GOODMAN, 0000 RICHARD T. BRADY, 0000 ROBERT J. LANG, 0000 KEVIN GORMLEY, 0000 DAVID R. BRAMAN, 0000 MELISSA R. LEE, 0000 JAMES B. HACKER, 0000 PAUL B. BRICKLEY, 0000 GERALD P. LEWIS, 0000 MARC A. HAGGE, 0000 BRUCE L. BRIDGEWATER, 0000 DEIDRE B. LOCKHART, 0000 AARON W. HILDEBRAND, 0000 CHRISTOPHER S. BROWN, 0000 DEXTER L. LOVETT, 0000 JOSEPH J. HOFFERT, 0000 HENRY D. BROWN, 0000 WESLEY B. LUEG, 0000 TELESHIA L. HORTONHARGROVE, 0000 JOEL A. BURDETTE, 0000 KEVIN J. MAHONEY, 0000 PAUL K. JENNINGS, 0000 HAROLD E. BURKE, 0000 TRANG N. MALONE, 0000 GEORGE A. JOHNSON, 0000 GEORGE CADWALADER, JR., 0000 KURT N. MARTIN, 0000 DENAR D. JOYNER, 0000 DANIEL T. CANFIELD, JR., 0000 RAYMOND MCCLENEN, 0000 JULIE H. JUDD, 0000 CURTIS W. CARLIN, 0000 RICHARD B. MCNEMEE, JR., 0000 DEBORAH A. KAISER, 0000 CLIFTON B. CARPENTER, 0000 TODD L. MCNIESH, 0000 CHARLES S. KUHENS, 0000 JAMES C. CARROLL III, 0000 PATRICK M. MCNUTT, 0000 TERESA D. KUSTER, 0000 JOHN F. CARSON, JR., 0000 DAVID M. MELTZER, 0000 GREGORY L. LARA, 0000 CHAD M. CASEY, 0000 BRADFORD T. MEMBEL, 0000 MARKUS D. LEE, 0000 PATRICK J. CASHMAN, 0000 JOHN A. MERKLEY, 0000 ALLAN L. LONG, 0000 GLEN B. CAULEY, 0000 TRACY MICHAEL, 0000 ROBERT P. LONG II, 0000 ADAM L. CHALKLEY, 0000

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BENJAMIN D. CHAPMAN, 0000 ERIK D. KOBS, 0000 TIMOTHY A. SILKOWSKI, 0000 BRIAN S. CHRISTMAS, 0000 WILLIAM S. KOHMUENCH, 0000 TODD P. SIMMONS, 0000 ROBERT M. CLARK, 0000 FRANKLIN P. KOLBE, 0000 MICHAEL S. SIMS, 0000 GREGORY J. CLARKE, 0000 MATTHEW J. KOLICH, 0000 COLIN D. SMITH, 0000 JOSEPH R. CLEARFIELD, 0000 STEVEN J. KOTANSKY, 0000 SAMUEL H. SMITH, 0000 SCOTT B. CLIFTON, 0000 KURT E. KROGER, 0000 MICHAEL J. SOBKOWSKI, JR., 0000 STEVEN K. COKER, 0000 ADAM R. KUBICKI, 0000 ALAN W. SOLTER, 0000 LAWRENCE C. COLEMAN, 0000 STEPHEN C. LABRECHE, 0000 ANTHONY M. SPARAGNO, JR., 0000 RAFFORD M. COLEMAN, 0000 EDWARD T. LANG, 0000 SEAN R. STALLARD, 0000 WILLIAM D. COLLIER, 0000 STUART C. LANKFORD, 0000 ROBERT T. STANFORD, 0000 FRANK P. CONWAY, 0000 ERIC R. LARSON, 0000 MARK J. STANTON, 0000 SCOTT E. CONWAY, 0000 BRUCE W. LAUGHLIN, 0000 MICHAEL C. STARLING, 0000 CARL E. COOPER, JR., 0000 BRENT A. LAWNICZAK, 0000 SCOTT P. SUCKOW, 0000 SCOTT A. COOPER, 0000 WALTER S. LEE, JR., 0000 FARRELL J. SULLIVAN, 0000 JAMES R. COPPERSMITH, 0000 JASON D. LEIGHTON, 0000 MICHAEL J. SUTHERLAND, 0000 ERIC M. CORCORAN, 0000 RODNEY L. LEWIS, 0000 LELAND W. SUTTEE, 0000 ELMER K. COUCH, 0000 RAUL LIANEZ, 0000 PATRICIO A. TAFOYA, 0000 RYAN L. COUGHLIN, 0000 MARK A. LISTER, 0000 MICHAEL C. TAYLOR, 0000 STEPHEN J. CROW, 0000 ERIC S. LIVINGSTON, 0000 MONTE D. TENKLEY, 0000 JOHN W. CURRIE IV, 0000 JOSHUA L. LUCK, 0000 JOHN D. THURMAN, 0000 RUSSELL J. CURTIS, 0000 RICHARD E. LUEHRS II, 0000 CLAY C. TIPTON, 0000 NICHOLAS E. DAVIS, 0000 HENRY W. LUTZ III, 0000 JEFFERY J. TLAPA, 0000 MICHAEL E. DEHNER, 0000 ALISON J. MACBAIN, 0000 JOHN C. TREPKA, 0000 GARY E. DELGADO, 0000 JASON R. MADDOCKS, 0000 JOHN S. TURNER, 0000 WILLIAM L. DEPUE, JR., 0000 SCOTT A. MADZIARCZYK, 0000 SCOTT E. UKEILEY, 0000 SCOTT T. DERKACH, 0000 NATHAN C. MAKER, 0000 CARLOS O. URBINA, 0000 SUNIL B. DESAI, 0000 MICHAEL P. MANDEL, 0000 GABRIEL L. VALDEZ III, 0000 GERT J. DEWET, 0000 SHAWN E. MANSFIELD, 0000 MICHAEL K. 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FREEL, 0000 CHANDLER S. NELMS, 0000 JASON G. WOODWORTH, 0000 ROBERT A. FREELAND, 0000 JULIE L. NETHERCOT, 0000 TROY V. WRIGHT, 0000 LLOYD D. FREEMAN, 0000 JONATHAN E. NEUMAN, 0000 WILLIAM WROTEN, JR., 0000 ALEX K. FULFORD, 0000 JOHN M. NEVILLE, JR., 0000 JAY D. WYLIE, 0000 SEAN C. GALLAGHER, 0000 ANDREW M. NIEBEL, 0000 JOHN W. YARGER, 0000 WILLIAM A. GALLARDO, 0000 EDWARD W. NOVACK, 0000 WILLIAM W. YATES, 0000 EDWARD A. GARLAND, 0000 MICHAEL J. ONEIL, 0000 DAVID J. YOST, 0000 DANIEL W. GEISENHOF, 0000 GEORGE R. OPRIA, 0000 DEVIN C. YOUNG, 0000 WILLIAM W. GERST, JR., 0000 JOHNJOHN E. ORILLE, 0000 BRIAN J. ZACHERL, 0000 ERIC M. GILLARD, 0000 JOHN C. OSBORNE, JR., 0000 PHILLIP M. ZEMAN, 0000 SCOTT A. GONDEK, 0000 JOHN J. OTOOLE III, 0000 JAY K. ZOLLMANN, 0000 WENDY J. GOYETTE, 0000 VAUGHN M. PANGELINAN, 0000 JEFFREY M. GRAHAM, 0000 SCOTT A. PAYNE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID I. GRAVES, 0000 RICHARD E. 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HARRIS, 0000 CHARLES A. REDDEN, 0000 JOSHUA D. ANDERSON, 0000 CHRISTIAN D. HARSHBERGER, 0000 MATTHEW S. REID, 0000 SETH E. ANDERSON, 0000 CARLTON W. HASLE, 0000 KEVIN P. REILLY, 0000 STEVEN S. ANDREWS, 0000 SEAN D. HAYES, 0000 THOMAS J. REPETTI, SR., 0000 ROBERT G. ANTOLINO, 0000 WESLEY T. HAYES, 0000 MATTHEW B. REUTER, 0000 AARON P. ANTRIM, 0000 DANIEL P. HEALEY, 0000 ROBERT C. RICE, 0000 JEREMY D. ANZEVINO, 0000 CARL C. HENGER, 0000 WILLIAM G. RICE IV, 0000 MICHAEL W. ARMISTEAD, 0000 RAPHAEL HERNANDEZ, 0000 CHRISTOPHER S. RICHIE, 0000 STEPHANIE R. ARNDT, 0000 JOHN B. HICKS, 0000 RYAN S. RIDEOUT, 0000 JASON D. ARTHAUD, 0000 KARL E. HILL, 0000 MARK F. RIEDY, 0000 ERNEST L. ASHLEY, 0000 PATRICK R. HITTLE, 0000 STEVEN ROBINSON, 0000 DANIEL J. ATKINSON, 0000 MICHAEL R. HODSON, 0000 EDWARD J. RODGERS, 0000 CHARLES T. ATWOOD, 0000 MITCHELL L. HOINES, 0000 KARL C. ROHR, 0000 PAUL D. AVELLINO, 0000 AARON B. HOLLAND, 0000 ERIC J. ROPELLA, 0000 DAVID W. BAAS, 0000 PIERRE G. 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DANIEL L. BERZACK, 0000 MELISSA L. CROSSON, 0000 PAUL J. GOGUEN, 0000 GREGORY S. BIAGI, 0000 DEREK M. CROUSORE, 0000 CARLOS V. GOMEZ, 0000 EDWARD M. BIEL, 0000 JASON S. CRUMBACHER, 0000 ANTHONY R. GOODE, 0000 JAMES S. BIRGL, 0000 BERT W. CRUZ, 0000 RONNIE L. GOODE II, 0000 JOHN W. BLACK, 0000 URBANO CRUZ, 0000 GREGORY P. GORDON, 0000 MATTHEW R. BLACK, 0000 ZACHARY P. CURRY, 0000 LUTHER A. GOVE, 0000 MICHAEL G. BLACKFORD, 0000 JONATHAN E. CURTIS, 0000 ERNEST GOVEA, 0000 LIONEL B. BLACKMAN, 0000 RICHARD J. CUSHING, 0000 RICHARD E. GRAHAM III, 0000 STEPHEN W. BLACKMARR, 0000 MATTHEW J. CUTLER, 0000 WILLIAM A. GRANT III, 0000 CINDIEMARI BLAIR, 0000 PETER E. DAHL, 0000 LAWRENCE B. GREEN II, 0000 PAUL J. BLAIR, 0000 LANCE C. DAVIS, 0000 ROBERT B. GREEN, 0000 MICHAEL D. BLAKEMORE, 0000 PATRICK B. DAVIS, 0000 BRIAN D. GREENE, 0000 CHRISTOPHER G. BLALOCK, 0000 RODNEY J. DEAN II, 0000 BRYAN A. GREY, 0000 JAMES A. BLANFORD, 0000 DAVID K. DECARION, 0000 JENNIFER L. GRIEVES, 0000 CHARLES J. 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JANAY, 0000 JEFFREY S. CLOUD, 0000 CHARLES W. FRETWELL, 0000 CHRISTOPHER L. JANECEK, 0000 CHRISTOPHER M. COBLE, 0000 SHAYNE M. FREY, 0000 RYAN P. JANOSEK, 0000 KIMBERLY L. COLEY, 0000 LEROY K. FRIESEN, 0000 DANIEL R. JARL, 0000 RIGOBERTO G. COLON, 0000 KELLY FRUSHOUR, 0000 JAMES D. JARVIS, 0000 LOUIS COLTER III, 0000 NATHAN H. FRYE, 0000 JEREMY E. JEFFREY, 0000 RYAN B. COLVERT, 0000 STUART J. FUGLER, 0000 JOSEPH M. JENNINGS, 0000 STEPHEN J. CONLEY, 0000 MICHAEL G. GAFFNEY, JR., 0000 ADAM L. JEPPE, 0000 MICHAEL B. CONNALLY, JR., 0000 DANIEL J. GASKELL, 0000 GREG R. JOHNSON, 0000 CRAIG C. CONNELL II, 0000 TODD C. GATES, 0000 GREGORY W. JOHNSON, 0000 DOUGLAS A. COOK, 0000 MICHAEL A. GAVIN, 0000 LEE A. JOHNSON, 0000 TIMOTHY J. COOPER, 0000 GREIG T. GEHMAN, 0000 ROBERT D. JOHNSON, 0000 BILLY R. CORNELL, 0000 STEPHEN A. GENTILE, 0000 DAVID L. JONES, 0000 JAHOSAME COTTO, 0000 JOHN M. GIANNELLA, 0000 JOHNNIE D. JONES, JR., 0000 CLAYTON A. CRAIG, 0000 JOHN C. GIANOPOULOS, 0000 QUINTIN D. JONES, 0000 JOSEPH W. CRANDALL, 0000 ANTHONY E. GIARDINO, 0000 RANDALL K. JONES, 0000 ROBERT J. CRAWFORD, JR., 0000 JAMES R. GIBSON, 0000 REX G. JONES, JR., 0000 CHRISTOPHER F. CRIM, 0000 BRYANT O. GILCHRIST, 0000 JOEL D. JOWERS, 0000 ALEX M. CROSS, 0000 CHAD M. GINDER, 0000 SEAN P. JOYCE, 0000 CLINTON M. CROSSER, 0000 KENNETH K. GOEDECKE, 0000 BRIAN M. KACZOROWSKI, 0000

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ALLEN A. KAGEN, 0000 ERIN K. MCHALE, 0000 CARL B. REDDING, JR., 0000 JOSEPH A. KATZ, 0000 JASON A. MCHUEN, 0000 THEODORE T. REDDINGER, 0000 DOV KAWAMOTO, 0000 PHILIP G. MCKENZIE, 0000 RONALD E. REED, 0000 JAMES T. KAY, 0000 NOWELL C. MCKNIGHT, 0000 SCOTT M. REED, 0000 HENRY H. KAYSER, 0000 BRIAN D. MCLEAN, 0000 JASON A. REHM, 0000 MARTIN P. KAZANJIAN, 0000 PATRICK M. MCMAHON, 0000 GEORGE F. RENIERS, 0000 ERIC J. KECK, 0000 WINSTON G. MCMILLAN, 0000 JAVIER A. REYES, 0000 JONATHAN R. KEHR, 0000 ANTHONY F. MCNAIR, 0000 MARCUS J. REYNOLDS, 0000 JAMES D. KEITH, 0000 JOHN P. MCSHANE, 0000 JAMES J. RICHARDS, 0000 CHRISTIAN M. KELLEY, 0000 JIM A. MCSHEA, 0000 EARL O. RICHARDSON, 0000 MICHAEL P. KELLEY, 0000 RUGSITHI D. MEELARP, 0000 JONATHAN L. RIGGS, 0000 GHYNO G. KELLMAN, 0000 BRUCE J. MELVILLE, 0000 JOSEPH P. RILEY, 0000 AMY A. KELLSTRAND, 0000 ALBERT R. MENDOZA, JR., 0000 MATTHEW T. RING, 0000 SCOTT J. KELLY, 0000 JOSE D. MENJIVAR, 0000 GREGORY J. RIVALDI, 0000 ANTHONY A. KERCH, 0000 ROBERT K. MERHIGE II, 0000 JUAN A. RIVERA, 0000 MATTHEW J. KESSLER, 0000 MATTHEW J. MERRILL, 0000 DONALD L. ROBBINS III, 0000 JAMES A. KIDD, 0000 CHRISTOPHER M. MESSINEO, 0000 ANTHONY M. ROBERTS, 0000 JOSHUA M. KIIHNE, 0000 CHRISTOPHER J. MEYER, 0000 JAMES M. ROBINSON, 0000 TRAVIS M. KING, 0000 WILLIAM D. MIDGETT, 0000 ADAN R. RODRIGUEZ, 0000 STEPHEN A. KINTZLEY, 0000 ANDREW J. MILLER, 0000 FRANCISCO RODRIGUEZ, 0000 BENJAMIN K. KIRBY, 0000 DOUGLAS R. MILLER, 0000 JUAN C. RODRIGUEZ, 0000 WILLIAM C. KIRBY, 0000 KATHRYN I. MILLER, 0000 DAVID T. ROEN II, 0000 ANDREW T. KIRKPATRICK, 0000 WILLIAM B. MILLETT III, 0000 BRIAN A. ROLF, 0000 CHRISTOPHER R. KNARR, 0000 ANTHONY R. MITCHELL II, 0000 CLYMOUTH S. ROOS, 0000 HYONSU KO, 0000 EDWARD C. MITCHELL, 0000 KEVIN R. ROOT, 0000 CHARLES J. KOCH, 0000 RICHARD C. MITCHELL, 0000 CHARLES E. ROUNDS III, 0000 JAMES M. KOEHLER, 0000 JASON A. MITZEL, 0000 WILLIAM M. ROWLEY, 0000 CHRISTOPHER R. KOTLINSKI, 0000 JOSEPH A. MLAKAR, 0000 VICTOR M. 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LIPSKI, 0000 ALPHONSO D. OATES II, 0000 MARK T. SCHNAKENBERG, 0000 MICHAEL A. LITTLE, 0000 DAVID M. OBRIEN, 0000 JONATHAN L. SCHNEIDER, 0000 MICHAEL P. LIVINGSTON, 0000 MICHAEL E. OGDEN, 0000 DANIEL W. SCHNICK, 0000 JOSEPH M. LIZARRAGA, 0000 MICHAEL P. OHLEGER, JR., 0000 PETER L. SCHNURR, 0000 RONALD L. LOBATO, 0000 CHARLES S. ONEILL, 0000 JESSE C. SCHOSSOW, 0000 EDWARD A. LOFLAND, 0000 ROGELIO S. OREGON, 0000 MATTHEW T. SCHRAMM, 0000 ANTHONY W. LOIGNON, 0000 PAUL J. OVALLE, 0000 DAVID A. SCHREINER, 0000 KEVIN J. LOLLMANN, 0000 JULIAN M. OWEN, 0000 TOD A. SCHROEDER, 0000 TROY T. LOWE, 0000 RICHARD W. OWEN III, 0000 ALAN L. SCHULLER, 0000 CHRISTOPHER R. LUCAS, 0000 TOMOMI J. OWENS, 0000 STEVEN E. SCHULTZE, 0000 GREGORY A. LUSK, 0000 WILLIAM C. PACATTE, 0000 RYAN E. SCOTT, 0000 CHRISTOPHER D. LUTHER, 0000 GREGORY B. PACE, 0000 CHAD W. SEAGREN, 0000 ROBERT P. LYNCH, 0000 DAVID L. PADILLA, 0000 BRAD R. SEAVER, 0000 STEAN W. MAAS, 0000 DAVID C. PALM, 0000 DOUGLAS A. SEICH, 0000 JOHN R. MACFARLANE IV, 0000 MATTHEW P. PALMISCIANO, 0000 JAMES R. SEMMENS, 0000 ALASDAIR B. MACKAY, 0000 MELISSA D. PALMISCIANO, 0000 RAYMOND Z. SERVANO III, 0000 TODD E. MAHAR, 0000 BRYANT J. PATER, 0000 RYAN E. SHADLE, 0000 MARCUS J. MAINZ, 0000 KATRINA D. PATILLO, 0000 CASEY D. SHEA, 0000 WILLIAM G. MANGUS III, 0000 BRYAN H. PATON, 0000 SHANNON M. SHEA, 0000 DAVID L. MANKA, 0000 EARL H. PATTERSON V, 0000 JUDE C. SHELL, 0000 MELANIE J. MANN, 0000 GREGORY J. PAWSON, 0000 TEDD R. SHIMP, 0000 PATRICK G. MANSON, 0000 DAVID N. PAYNE, 0000 SCOTT M. SHUSTER, 0000 NICHOLAS A. MARCIANO, 0000 JACK D. PEARCE, 0000 THOMAS N. SIBLEY, 0000 OSCAR MARIN, JR., 0000 JOHN L. PEARSON, 0000 JEREMY W. SIEGEL, 0000 JENNIFER L. MARINO, 0000 CHRISTOPHER W. PEHRSON, 0000 JEFFERY A. SIERPIEN, 0000 SCOTT I. MARKER, 0000 CARRIE M. PENDROY, 0000 CHRISTOPHER D. SILER, 0000 JOHN A. MARKSBURY, 0000 JASON L. PERCY, 0000 EDWARD J. SILVA, 0000 WILLIAM W. MARLOWE, 0000 JOSE A. PEREZ, 0000 SCOTT P. SILVIA, 0000 NOAH G. MARQUARDT, 0000 TRACY A. PERRY, 0000 DEWAYNE SIMMONS, 0000 HARRY S. MARSHALL, JR., 0000 SOULYNAMMA D. PHARATHIKOUNE, 0000 JONATHAN N. SIMS, 0000 MERIDITH L. MARSHALL, 0000 MICHAEL C. PHERSON, 0000 CARL E. SITHER, 0000 MELISSA MARTIN, 0000 STEVEN A. PHILIPP, 0000 JESSE L. SJOBERG, 0000 RICHARD C. MARTIN, JR., 0000 KYLE G. PHILLIPS, 0000 MICHAEL J. SKINKLE, 0000 RICHARD M. MARTIN, 0000 MARIANELA G. PICKETT, 0000 JOHN P. SKUTCH, 0000 ALBERTO MARTINEZDIAZ, 0000 JOSHUA M. PIECZONKA, 0000 DANIEL T. SMITH, 0000 DENNIS J. MARTINO, 0000 ERIC J. PIPER, 0000 ERIK J. SMITH, 0000 NICHOLAS A. MARTZ, 0000 STEPHEN M. PIRROTTA, 0000 JASON R. SMITH, 0000 NATHAN S. MARVEL, 0000 ADAM W. PITNEY, 0000 JONATHAN R. SMITH, 0000 MICHAEL F. MASTRIA, 0000 BOLIVAR P. PLUAS, 0000 JOSHUA M. SMITH, 0000 PAUL M. MATTEAR, 0000 DONALD H. PORTER III, 0000 MICHAEL S. SMITH, 0000 ROGER E. MATTIOLI, 0000 ANTHONY E. PREBE, 0000 MONTI S. SMITH, 0000 JEFFREY S. MATTOON, 0000 JOHN P. PRICE, 0000 WILLIAM F. SMITH, JR., 0000 PERRY D. MAURER, JR., 0000 SHANE A. PRICE, 0000 THOMAS D. SMOLENSKI, 0000 TIMOTHY R. MAYER, 0000 RYAN T. PRINCE, 0000 STEVEN C. SNEE, 0000 DANIEL C. MAZE, 0000 DONALD J. PRITCHARD, 0000 DEREK M. SNELL, 0000 RYAN P. MCAFEE, 0000 JAMES S. PRYOR, 0000 DANIEL H. SNYDER, 0000 BRIAN W. MCBRAYER, 0000 DONN E. PUCA, 0000 SHARIF A. SOKKARY, 0000 ZACHARY A. MCCARLEY, 0000 TROY M. PUGH, 0000 PAUL A. SOTOMAYOR, 0000 MARK D. MCCARROLL, 0000 BRENT C. PURCELL, 0000 NOAH M. SPATARO, 0000 TODD D. MCCARTHY, 0000 ERIC D. PURCELL, 0000 MICHAEL A. SPEARS, 0000 RYAN R. MCCASKILL, 0000 ANDREW J. PUSHART, 0000 SPENCER M. SPEER, 0000 REGINALD J. MCCLAM, 0000 BRADLEY A. RAKOV, 0000 CHARLES S. SPRIETSMA, 0000 BRENT H. MCCLELLAN, 0000 ALAN L. RAMSEY, 0000 MAX STAPP, JR., 0000 STEPHEN N. MCCLUNE, 0000 GARRETT V. RANDEL III, 0000 GIUSEPPE A. STAVALE, 0000 DONALD M. MCCOWAN, 0000 GARRICK D. RARD, 0000 CHRISTOPHER T. STEELE, 0000 WILLIAM A. MCFARLAND, 0000 KRAIG M. RAUEN, 0000 IAN D. STEVENS, 0000 JON P. MCFAUL, 0000 CHRISTOPHER P. RAY, 0000 MARK N. STEWART, 0000 THOMAS B. MCGEE, 0000 JOSEPH W. RAY, 0000 MATTHEW J. STEWART, 0000 BRETT T. MCGINLEY, 0000 CHARLES C. READINGER, 0000 JARED K. STONE, 0000 BRETT W. MCGREGOR, 0000 TIMOTHY J. REAZOR, 0000 JAMES R. STOVER, 0000 AARON P. MCGREW, 0000 SCOTTIE S. REDDEN, 0000 BRIAN L. STRACK, 0000

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DANIEL A. STRELKAUSKAS, 0000 LUIS VAZQUEZ, 0000 PRESCOTT N. WILSON, 0000 JEFFREY R. STROHMAIER, 0000 JAVIER E. VEGA, 0000 SEAN M. WILSON, 0000 NATHANIEL B. STUSSE, 0000 LARRY W. VINES, 0000 DANIEL R. WINKELER, 0000 GREGORY J. SUMMA, 0000 KRISTIAN A. VONHEIMBURG, 0000 JASON M. WINTERMUTE, 0000 STEVEN M. SUTEY, 0000 JAMIE L. WAGNER, 0000 JEREMY S. WINTERS, 0000 DAVID C. SZWED, 0000 JONATHAN C. WAITE, 0000 JEFFREY P. WITHERELL, 0000 JAMES S. TANIS, 0000 KENNETH R. WALDEN, 0000 SETH WOLCOTT, 0000 JAMES R. TAYLOR, 0000 GILES D. WALGER, 0000 HOWARD H. WOLFE III, 0000 KEITH W. TAYLOR, 0000 CURTIS L. WALKER, 0000 BARIAN A. WOODWARD, 0000 MICHAEL R. TAYLOR, 0000 DAVID W. WALKER, 0000 GARNETT H. WOODY, 0000 PAUL C. TEACHEY, 0000 BRADLEY W. WARD, 0000 DAVID J. WRIGHT, 0000 JOSE M. TEE, 0000 RYAN B. WARD, 0000 JIAN XU, 0000 JEFFREY B. TENNEN, 0000 KEITH P. WARREN, 0000 FLOY A. YATES, JR., 0000 KOHTARO TERAHIRA, 0000 PERRY D. WATERS, 0000 TAMMIE S. YEATS, 0000 TIMOTHY M. THEERMAN, 0000 TIMOTHY J. WATKINS, 0000 TODD E. YEATS, 0000 HARRY F. THOMAS, JR., 0000 TERRANCE D. WATSON, 0000 LEE A. YORK, 0000 ROBERT B. THOMAS, 0000 CLINTON J. WEBER, 0000 JOSEPH L. YOSKOVICH, 0000 GARY D. THOMPSON, 0000 MICHAEL B. WEBER, 0000 ALAN T. YOUNG, 0000 JEREMY W. THOMPSON, 0000 WILLIAM D. WEBER, 0000 DARON A. YOUNGBERG, 0000 RICHARD J. THOMPSON, 0000 LEE M. WEINER, 0000 MARK W. ZANOLLI, 0000 SUZAN F. THOMPSON, 0000 ROBERT J. WEINGART, 0000 ROYCE D. ZANT III, 0000 DUSTIN R. THORN, 0000 OLGIERD J. WEISS III, 0000 TIMOTHY R. ZELEK, 0000 DOUGLAS M. THUMM, 0000 LAWRENCE H. WENTZELL, 0000 SEAN P. ZICKERT, 0000 JAYSON M. TIGER, 0000 CHRISTOPHER M. WESTHOFF, 0000 BRIAN M. ZIEGLER, 0000 CHRISTOPHER B. TIMOTHY, 0000 DAVID E. WESTIN, 0000 MARK D. ZIMMER, 0000 KARL TINSON, 0000 LLOYD H. WHITE, JR., 0000 CHRISTOPHER D. TOLLIVER, 0000 TAYLOR P. WHITE, 0000 IN THE NAVY JASON C. TORBENSEN, 0000 MICHAEL J. WIERSON, 0000 BYRON J. TORKE, 0000 GARY W. WILDS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RODNEY L. TOWERY, 0000 DAVID A. WILEMON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WYETH M. TOWLE, 0000 WALTER A. WILKIE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SARAH E. TRAGORD, 0000 SCOTT E. WILLETTE, 0000 DENNIS C. TROGUS, 0000 BRUCE K. WILLIAMS III, 0000 To be commander BRAD E. TROXEL, 0000 DERICK C. WILLIAMS, 0000 NGUYEN K. TSAN, 0000 MARLIN D. WILLIAMS, 0000 RODERICK A. BACHO, 0000 JASON K. TUBBS, 0000 SHAWN E. WILLIAMS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TADD J. TURCZYN, 0000 VAUGHN R. WILLIAMS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES D. TURNER III, 0000 CHRISTOPHER D. WILLS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL W. TYRA, 0000 CHRISTOPHER M. WILSEY, 0000 CESAR A. UNZUETA, 0000 ANDREW S. WILSON, 0000 To be lieutenant commander THEODORE F. VANBRUNT, 0000 BENJAMIN F. WILSON IV, 0000 JONATHAN H. VAUGHN, 0000 LAWRENCE E. WILSON II, 0000 KELLY R. MIDDLETON, 0000

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