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

Vol. 153 WASHINGTON, TUESDAY, JANUARY 9, 2007 No. 4 Senate The Senate met at 10 a.m. and was appoint the Honorable ROBERT P. CASEY, Jr., speak for the times specified: Senator called to order by the Honorable ROB- a Senator from the State of Pennsylvania, to TESTER, 10 minutes; Senator NELSON of ERT P. CASEY, Jr., a Senator from the perform the duties of the Chair. Florida, 15 minutes; Senator SALAZAR, State of Pennsylvania. ROBERT C. BYRD, 15 minutes; and that when the Senate President pro tempore. reconvenes at 2:15, debate time be ex- PRAYER Mr. CASEY thereupon assumed the tended for another 30 minutes, with The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. Senators LIEBERMAN and COLLINS rec- fered the following prayer: f ognized for 15 minutes each; that fol- Let us pray. lowing that time, the majority leader Divine Master, You are our strong- RECOGNITION OF THE MAJORITY LEADER be recognized to offer a substitute hold and the pioneer of our future. amendment. Teach us to work with greater faithful- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ness. May pleasing You become our pri- pore. The majority leader is recog- pore. Is there objection? mary focus as You place a song in our nized. Without objection, it is so ordered. heart for each burden on our shoulders. f Mr. REID. Mr. President, let me be Guide our lawmakers today. Lead very clear that if a Republican Member them to Your fortress of love, patience, SCHEDULE is available and desires to speak, they and kindness. Remind them that any Mr. REID. Mr. President, this morn- would follow a Democratic speaker. We success alien to Your way is worse than ing, the Senate will be in a period of would alternate that. These times only failure and that any failure in Your morning business until 11 a.m. The mi- list Democrats, but if there is a Repub- Spirit is better than gold. Let Your nority will control the first half and lican, we will insert them between the benediction rest upon our Senators, the majority will control the second two, if they want to speak. and may they bring their stewardship half. Under a previous order, the Sen- f in line with the destiny You desire for ate will begin consideration of the eth- their lives. Make them channels of ics legislation at 11 a.m., for debate RECOGNITION OF THE MINORITY Your grace and coworkers in the build- only, until the Senate goes into recess LEADER ing of Your kingdom. for its normal weekly party conference We pray in Your wonderful Name. The ACTING PRESIDENT pro tem- luncheons. Amen. pore. The Republican leader is recog- The managers of the bill will be here nized. f at 11 a.m., and they will be making f PLEDGE OF ALLEGIANCE their opening statements, if appro- SENATOR ALBEN BARKLEY The Honorable ROBERT P. CASEY, Jr., priate, as well as a number of other led the Pledge of Allegiance, as follows: Members who have expressed an inter- Mr. MCCONNELL. Mr. President, a I pledge allegiance to the Flag of the est in speaking this morning. When the few months prior to this body’s con- United States of America, and to the Repub- Senate returns after the party lunch- vening last week, I was honored and lic for which it stands, one nation under God, eons, the substitute amendment will be humbled when my colleagues elected indivisible, with liberty and justice for all. laid down. So Members should be ready me to serve as the Republican leader in f to review this amendment and prepare the 110th Congress. their amendments accordingly. APPOINTMENT OF ACTING I am thankful for the trust my I am working with the distinguished PRESIDENT PRO TEMPORE friends have placed in me, and I won’t Republican leader to see if we can offer break that trust. The PRESIDING OFFICER. The something together—I am hopeful and At such a time as this, and in such an clerk will please read a communication very confident we can—as a substitute historic Chamber, my thoughts turn to the Senate from the President pro amendment. toward great Kentuckians of the past tempore (Mr. BYRD). who have left their indelible mark on The assistant legislative clerk read f this body. the following letter: ORDER OF PROCEDURE Henry Clay served as Speaker of the U.S. SENATE, Mr. REID. Mr. President, I ask unan- House, Senator, and Secretary of PRESIDENT PRO TEMPORE, imous consent that following the open- State, despite losing three Presidential Washington, DC, January 9, 2007. To the Senate: ing statements of Senators FEINSTEIN campaigns. Under the provisions of rule I, paragraph 3, and BENNETT with respect to S. 1, the John Sherman Cooper served as the of the Standing Rules of the Senate, I hereby following Senators be recognized to conscience of the Senate, and I have

∑ 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 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S244 CONGRESSIONAL RECORD — SENATE January 9, 2007 spoken on this floor before of the admi- storyteller. Many can recall Senator On his first day in the top post, ration and respect I will always have Barkley’s saying: ‘‘A good story is like Democratic Senators ignored his plea for the Senator who mentored me in fine Kentucky bourbon . . . it improves not to override a Presidential veto, my first job on Capitol Hill. with age and, if you don’t use it too putting Barkley on the losing side of a But there is another famous Ken- much, it will never hurt anyone.’’ 71 to 19 vote. The bill had originally tuckian who once dominated these By 1933, Barkley was selected as an been sponsored by Barkley himself, Senate hallways who we should not for- assistant to Senate Majority Leader putting the leader in the humiliating get. Joe Robinson of Arkansas. In 1937, Rob- position of losing a vote to sustain a He was a key lawmaker during World inson died, clearing the way for veto of his own bill. War II, and close friend to Presidents— Barkley’s election as leader—but the Over the next few years, Barkley’s a passionate orator, champion of the manner of Barkley’s election to the top troubles mounted, actually, as he kept New Deal, and popular teller of tall spot would serve today as an object les- finding himself on the losing end of tales. After his Senate service, he made son to Senators of how not to get the votes. Senators cruelly reminded him famous the nickname ‘‘the Veep.’’ job, and it hampered Barkley’s effec- of how he had climbed to the top spot That man is Alben Barkley, the last, tiveness as leader for several years by mockingly referring to him as and until now, the only Senator from thereafter. ‘‘Dear Alben.’’ Kentucky to be elected his party’s When the 75th Congress began, the Even worse, Washington journalists, leader. Democrats held a whopping 76 seats in seeing the leader unable to move his Senator Barkley served as majority the Senate, leaving only 16 Republicans colleagues, dubbed him ‘‘Bumbling leader for 10 years, from 1937 to 1947, and four Independents. Their majority Barkley,’’ and the name stuck. In March 1939, Life magazine pub- longer than anyone else before him. was so large that freshmen Democrats lished a poll of Washington journalists From 1947 to 1949 he served as minority had desks over here on the Republican rating the 10 ‘‘most able’’ Senators. leader, and in 1948 he was elected Vice side of the Chamber in the back. Senators in those days referred to Barkley’s one-time rival Pat Harrison President to President Truman. ranked fifth. The Senate majority lead- But some of my colleagues may not the lone outpost of Democrats over here on the Republican side in the back er did not make the list. know that Senator Barkley almost be- Despite setbacks, Senator Barkley came the first President of the United as the ‘‘Cherokee Strip’’ because those unlucky Members were off the reserva- plunged ahead to lead the Senate and States from Kentucky since Abraham to champion President Roosevelt’s New Lincoln. He lost that opportunity by tion. But the Democratic Party was badly Deal. His colleagues began to melt taking a courageous stand to put the under his considerable personal charm. Senate, the Senators he led, and prin- split in two. Half the caucus supported Franklin Roosevelt’s New Deal poli- In contrast with Robinson’s heavy- ciple ahead of political ambition. cies, and the other half frequently un- handed leadership style, Barkley often Like Lincoln, Alben Barkley was sat down with a colleague, disarmed born in a log cabin, literally, on his fa- dermined them. In the leader’s race, the first group him with humor or a funny story, and ther’s tobacco farm in Graves County, lined up behind Barkley, and the latter then made his case. KY, in 1877. The Barkley family was behind Senator Pat Harrison of Mis- Barkley led from the podium at his not a family of means, and Alben grew sissippi. Each Senator had pledges of desk, speaking persuasively and knowl- up chopping wood, harvesting tobacco, support from enough Senators to win, edgeably on any and every bill. By 1940, much of official Washington realized and plowing fields. Swapping stories so they thought. with his father’s hired hands, Alben Usually in the Senate, it is the Vice that legislation was actually moving began to develop his fun-loving, story- President who breaks ties. But this faster and more successfully through telling persona. close vote was broken by the President the Senate—and that Barkley deserved When he got older, Alben worked odd himself. The day after Robinson’s the credit. Barkley was crucial at negotiating jobs to make ends meet. One time at a death, Roosevelt sent Barkley a letter compromise with his fellow Senators. shoe store, a man with exceptionally that began, ‘‘My Dear Alben.’’ Roo- As the war in Europe heated up and large feet walked in and said to Alben, sevelt even referred to Barkley, cor- international affairs took up more of ‘‘I’d like to see a pair of shoes that rectly, but cheekily, as the ‘‘acting the Senate’s time, Barkley’s record of would fit me.’’ The sharp-witted to- majority leader.’’ success continued to mount. bacco farmer’s son retorted, ‘‘So would Now, Roosevelt preferred Barkley I!’’ Alben had to change jobs quite Historians note the vital role he over Harrison because he knew he played in passing the Lend-Lease Act, often. could count on Barkley to shepherd his Becoming a lawyer in Paducah, repealing the Arms Embargo Act and New Deal policies through the upper the Neutrality Act, and enacting the Barkley’s political career began with a Chamber. Besides his public letter, race for county attorney in McCracken first peacetime military draft. FDR also dispatched aides to exert As the Senate majority leader, Bar- County. The history books tell us he pressure on Senators to vote for Bar- kley eagerly embraced the responsi- bought a one-eyed horse named Dick kley. bility to lead the charge for the admin- and stumped the whole county riding One week after Robinson’s death, all istration’s legislation. But some- that horse. 75 Senate Democrats met to vote—75. times—sometimes—the President took At 27 years old, he toppled the in- With 74 votes tallied, Barkley and Har- the loyal leader for granted. cumbent in the Democratic primary rison stood tied at 37 votes apiece. The That ended when Senator Barkley and easily won the general election in 75th and final vote put Barkley over dramatically broke with his beloved 1905, for Kentucky in those days was the top. Senator Barkley had won the President on a matter of principle. very much a one-party State. election, but he had lost a much more Barkley’s move may have angered Barkley then won election as important race with his colleagues. Roosevelt, but by stepping out of the McCracken County judge before going As the Presiding Officer and all of my President’s shadow and throwing off to the U.S. House of Representatives in friends in the Chamber know, the Sen- the impression of servility that the 1912. Kentucky voters re-elected Bar- ate has the sole power to choose its mocking phrase ‘‘Dear Alben’’ implied, kley, an avid progressive and devotee own leaders and chart its own course of Barkley forever earned the respect and of President Woodrow Wilson, six times affairs, without interference from the trust of his Senate colleagues. until sending him to this Chamber in executive branch. And every Senator The principle Barkley made his stand 1926. guards that right very seriously. on is one dear to my heart; and that is, Barkley’s long shadow over history Many Senators took offense at the keeping taxes low. By February 1944, was fixed here in the Senate, where he President’s influence in Senator America was at war with the Axis Pow- served from 1927 to 1949, and then after Barkley’s election, and Barkley, frank- ers, and President Roosevelt wanted to his Vice Presidency again from 1955 ly, paid the price. His colleagues grant- raise taxes considerably to pay for it. until his death in 1956. ed him the title of majority leader, but He requested a tax increase of $10.5 bil- Here in the Senate, Barkley became not the accompanying authority or re- lion, which was, apparently, a lot of known as a first-rate speechmaker and spect. money in those days.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S245 Majority Leader Barkley knew that telegrams. Roosevelt saw when he was In fact, Barkley kept his keen sense the Senate didn’t have nearly the appe- beaten and wrote a letter urging Bar- of humor. In a speech to newly elected tite for higher taxes that the President kley not to resign. But he needn’t have Senators in 1945, Barkley warned them did. A $10.5 billion tax hike simply bothered. to run ‘‘for the tall and uncut’’ if they could not pass. The next day, the Democrats unani- ever received a letter from the Presi- But Barkley did the best he could for mously reelected Barkley to the lead- dent that began with ‘‘Dear’’ followed his President, and successfully steered er’s post. ‘‘Make way for liberty!’’ by their first name. through the Finance Committee and shouted Texas Senator Tom Connally, Like so many other revered figures onto the floor a bill to raise revenues expressing the joy of his colleagues who have occupied these chairs, Alben by $2.2 billion. that their leader, and by extension, the Barkley loved the Senate, and he Barkley pleaded with Roosevelt to entire Senate, had stood up for the fought to protect it. As the Senate ma- accept the bill as the best he could get Senate’s independence as a co-equal jority leader, that was his duty, and he and to sign it. He knew the Senate, and branch. fulfilled it without hesitation. he knew his Senators. But the Presi- The Senate turned back Roosevelt’s After 4 years as Vice President to dent dismissed the leader’s advice. veto 72 to 14, and this time Alben Bar- Truman, Barkley retired from politics, Even though he knew it was coming, kley led his colleagues to win that seemingly forever. But he longed to re- Roosevelt’s veto message stung Bar- vote. Senator Elbert Thomas of Utah turn to this Chamber which had seen kley. It was petty, and it was personal. summed up the newfound power and his greatest successes and his most ig- prestige of the majority leader. The President wrote that, having noble defeats. So he ran for and won re- ‘‘By his one-vote margin in the 1937 asked the Congress for a loaf of bread, election in 1954, ousting Republican contest when he was first elected lead- the final bill was ‘‘a small piece of er, the impression was given, and it has John Sherman Cooper. crust.’’ Then his next words struck been the impression ever since, that he Alben Barkley died on April 30, 1956. hardest of all. He declared the final bill spoke to us for the president,’’ Thomas He left this world doing what he as ‘‘not a tax bill but a tax-relief bill, said. ‘‘Now he speaks for us to the loved—giving a speech. providing relief not for the needy, but president.’’ In his final moments, he explained to for the greedy.’’ The majority leader and the Presi- a crowd of students at a mock conven- After years of devotion and support dent mended the breach soon after and tion at Washington and Lee University to the President—often at the cost of continued to work together. But you that as a newly elected Senator, he had the respect of his own colleagues—this could say their relationship was never refused a seat in the front row of this insult to his integrity as a legislator, a again the same. Chamber, despite his decades of serv- leader, and a disciple of the New Deal That summer, the Democratic Na- ice. was too much for Barkley. tional Convention nominated President ‘‘I am glad to sit in the back row,’’ Overwhelmed with passion, Barkley Roosevelt to an unprecedented fourth the 78-year-old Barkley said. ‘‘For I dictated a speech to his secretary and term. But with Vice President Wallace would rather be a servant in the house walked out to the Senate floor. Word deemed too liberal by most of the party of the Lord than to sit in the seats of had leaked of what was coming. Jour- and dumped from the ticket, the Presi- the mighty.’’ nalists packed the galleries, and many dent needed a new running mate. Could Those were Senator Barkley’s last Senators took their seats to listen to it be Barkley? words before he collapsed. The crowd’s their leader. As the convention opened, Barkley applause was the last thing he would For the first time Senator Barkley, emerged as a seeming front-runner. He hear, before suffering a massive heart Washington’s most famous raconteur, had the respect and confidence of the attack. seemed to nervously stumble over his delegates. The Kentucky delegation— I wanted to share the story of Alben words. His voice cracked with emotion not surprisingly—formally endorsed Barkley with my colleagues because I as he related his history of steadfast him. know that as we all debate the issues support for the Roosevelt administra- But ever since breaking with Roo- of the day in the Senate, we are mind- tion. sevelt in February, the President had ful not just of what is happening in our I dare say that during the past seven years had ‘‘a certain intangible reserve’’ to- country today, but what has gone be- of my tenure as majority leader, I have car- wards the majority leader. Roosevelt fore. History, and men like Alben Bar- ried that flag over rougher terrain than was emphatically told his supporters Bar- kley, has much to teach us. ever traversed by any previous majority kley was unacceptable as a running leader, Politics in America today can often mate. be a bruising exercise. But I take com- Barkley explained. Of course, we all know that the 1944 fort in Alben Barkley’s reminder that vice presidential nomination eventu- But . . . there is something more precious even if that is true, we can and should to me than any honor that can be conferred ally fell to another Senator, Harry put principle over the pursuit of power. upon me by the Senate of the United States, Truman of Missouri, who was hand We’ve just had a hard-fought elec- or by the people of Kentucky . . . picked by the President himself. Or by the president of this Republic. And And we all know that in April 1945, tion. I for one, have always enjoyed a that is the approval of my own conscience less than 3 months after taking the good political contest. and my own self-respect. oath of office for his fourth term, I appreciate the opportunity to And with that Alben Barkley re- Franklin Delano Roosevelt died. His present a set of principles and ideals to signed as majority leader. health had been failing for some time, the people and to hear their choice Barkley had always believed the even back during the 1944 convention. when they cast their votes. leader must have overwhelming sup- Harry Truman became the 33rd Presi- But while we spar in the arena of port for the President’s position. Un- dent of the United States. Alben Bar- ideas, let’s not forget what we’re spar- able to give that, stepping down was kley stayed on as Senate majority ring for. The goal is not just to win, his only choice. leader and narrowly missed becoming but to win because you stand for a Nearly every Senator in the chamber the first President from Kentucky cause that will better your countrymen rose for a thunderous ovation. The gal- since Abraham Lincoln. and your country. leries stood as one to applaud as well. Henry Clay, who once held Alben Many of my colleagues on both sides Longtime Senators said they could not Barkley’s Senate seat, said ‘‘I would of the aisle understand that lesson remember the last time a speech re- rather be right than be President.’’ well. It is an honor for me to share this ceived such a tremendous response, and Alben Barkley lived by that motto. floor with them. Vice President Henry Wallace called it He chose to stand for his personal I am looking forward to continuing ‘‘the most dramatic occasion in the sense of honor and the integrity of the the contest in the time ahead. For now, U.S. Senate over which I ever pre- Senate, knowing it could cost him the we are ready to roll up our sleeves and sided.’’ favor of the President and possibly the get back to work on behalf of the Within a day of Barkley’s declaration Vice-Presidential nomination. It did. American people. of independence, he received over 7,000 But Alben Barkley never regretted it. I yield the floor.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S246 CONGRESSIONAL RECORD — SENATE January 9, 2007 RESERVATION OF LEADER TIME other than President Clinton. Presi- authorize a particular formulary, or to insti- dent Clinton made that comment as tute a price structure for benefits, or to oth- The ACTING PRESIDENT pro tem- erwise interfere with the competitive nature pore. Under the previous order, the part of his June 1999 plan for strengthening and modernizing Medicare for of providing a prescription drug benefit leadership time is reserved. through benefit managers. the 21st century. President Clinton f went on to say that under his plan This is the first bill—the very first one—where the noninterference clause MORNING BUSINESS ‘‘prices would be determined through negotiations between the private ben- appeared. This is the first prohibition The ACTING PRESIDENT pro tem- efit administrators and drug manufac- in present law on Government negotia- pore. Under the previous order, there turers.’’ tion that was introduced. But S. 2342 will be a period for the transaction of I quote further: wasn’t introduced by a Republican; it morning business until 11 a.m., with The competitive bidding process would be was introduced by my esteemed col- the first half of the time under the con- used to yield the best possible drug prices league, the late Senator Moynihan. trol of the minority, and the second and coverage, just as it is used by large pri- One month later, there was a bill, S. half of the time under the control of vate employers and by the Federal Employ- 2541, introduced. I will read some of the the majority. ees Health Benefits Plan today. language that was in that bill. That The Senator from Iowa. President Clinton also described his bill said this; I have it on the chart: f plan as using private negotiators as op- The secretary may not (1) require a par- posed to Government negotiators, be- ticular formulary, institute a price structure MEDICARE DRUG BENEFIT cause ‘‘these organizations have experi- for benefits; (2) interfere in any way with ne- Mr. GRASSLEY. Mr. President, I enced managing drug utilization and gotiations between private entities and drug welcome the new Presiding Officer to have developed numerous tools of cost manufacturers, and wholesalers; or (3) otherwise interfere with the competitive nature of the Senate. I look forward to working containment and utilization management.’’ providing a prescription drug benefit with him as a new Senator. I hope he through private entities. enjoys his time in the Senate. Does this ring any bells? It should be- I will make it clear that this wasn’t I am back here again today, as I was cause it is the same framework used in a Republican bill, either. It was intro- yesterday, to talk about the Medicare today’s Part D Medicare prescription duced, as you can see, at that time by drug benefit. Yesterday I spoke about drug benefit, private negotiations with Senator Daschle, who was joined by 33 how the benefit uses prescription drug drug companies, and it is based on the other Democrats, including 3 who are plans and competition—with emphasis nearly 50-year history of the Federal still prominent in the Senate—REID, upon competition—to keep costs down Employees Health Benefits Program. I would like to refer to another part DURBIN, and KENNEDY. That is right. I for our senior citizens. I spoke about of Medicare history for memory’s sake want you all to know that 33 Senate how well that system of competition as well. This is another interesting Democrats cosponsored a bill with a that is in the prescription drug bill has spot on memory lane for history buffs. noninterference clause in it. You see, it been working for the last 2 years of its The Clinton plan had a coverage gap turns out that the Democrats didn’t operation. Today I want to get to the that we refer to in the Senate as the want the Government—nor did Presi- crux of this debate and a debate that is doughnut hole, just like the bill even- dent Clinton—interfering in the private going to take place a few days from tually signed into law in 2003. sector negotiations either. They recog- now in this Chamber, the so-called pro- Like many others, the brandnew nized then that the private sector hibition on Government negotiation Speaker of the House has questioned would do a better job, and they didn’t with drugmakers. why one would pay premiums at a want some Government bureaucrat Opponents of the Medicare drug ben- point in time when you are not receiv- messing it up. efit have misrepresented what we call ing benefits, as is the case with the I will go to another chart. In June the ‘‘noninterference clause’’ language. doughnut hole. Well, that is how insur- 2000, two Democratic bills were intro- That language doesn’t prohibit Medi- ance works. We all know how the in- duced in the House of Representatives care from negotiation with drugmak- surance industry works. Go look at that also included noninterference lan- ers. It prohibits the Government from your homeowner and auto policies and guage. H.R. 4770 was introduced by interfering in negotiations that are ac- Part B Medicare. You pay premiums to then-Democratic leader Dick Gephardt. tually taking place. have coverage. That is how President That bill had more than 100 Democrats Much of this debate hinges on a con- Clinton’s plan was meant to work, if it cosponsoring, including the new Speak- venient lapse of memory that I am had become law. er of the House—then not speaker— going to emphasize during my remarks In Sunday’s Washington Post, the NANCY PELOSI, and Representatives about the history of the noninter- new Speaker of the other body, PELOSI, RANGEL, DINGELL, and STARK. RANGEL, ference clause. So today I want to take was quoted about having a doughnut DINGELL, and STARK are people whom I my colleagues on a little trip down hole. She said: have worked closely with in Congress memory lane. For our first stop on How could that be a good idea, unless you recently on a lot of health legislation memory lane, I would like to read are writing a bill for the HMOs and pharma- or tax legislation—or trade legislation, something. This is a quote from some- ceutical companies and not for America’s in the case of Congressman RANGEL. one talking about their very own Medi- seniors? The prohibition on Government nego- care drug benefit proposal: Was she referring to President Clin- tiation included in that House bill was Under this proposal, Medicare would not ton’s plan proposed in 1999? As I said, almost identical to the language Sen- set prices of drugs. Prices would be deter- he proposed his plan in June of that ator Daschle had in his bill. Here is the mined through negotiations between private year. On April 4, 2000, S. 2342 was intro- benefit administrators and drug manufactur- text of the actual noninterference duced in the Senate. S. 2342 would have clause included in the bill signed by ers. created a drug benefit administered The person who said this clearly the President in 2003, present law— through private benefit managers. So what we refer to as Part D now: wanted private negotiation with drug here again would be private nego- Noninterference.—in order to promote companies for a Medicare benefit, not tiators negotiating with the drug com- Government negotiations. The person I competition under this part and in carrying panies to save seniors money on their out this part, the secretary (1) may not quoted was proposing—and I will quote prescription drugs. Does that sound fa- interfere with the negotiations between drug again what he said—‘‘negotiations be- miliar? It is just like today’s Medicare manufacturers and pharmacies and PDP tween private benefit administrators Program that is law. sponsors; and (2) may not require a par- and drug manufacturers.’’ I don’t think Here is another important stop down ticular formulary or institute a price struc- that person could be more clear in our memory lane. That bill, S. 2342, in- ture for reimbursement of covered part D what he was attempting to accomplish troduced in 2000, included language on drugs. with his proposal. noninterference: Well, that sounds a bit like what was You are going to be shocked to hear Nothing in this section or in this part shall sponsored by Democrats over the last who said this. The quote is from none be construed as authorizing the secretary to several years. Last week, the senior

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S247 Senator from Illinois described the 2003 The ACTING PRESIDENT pro tem- Mr. DORGAN. Mr. President, I ask Medicare bill—and this was in a speech pore. The Senator from Florida is rec- unanimous consent that the order for on the floor—as being written by the ognized. the quorum call be rescinded. pharmaceutical industry. But the non- Mr. NELSON of Florida. Mr. Presi- The ACTING PRESIDENT pro tem- interference clause first appeared in dent, it is my understanding we are in pore. Without objection, it is so or- legislation introduced by Democrats morning business. dered. who now oppose the same provision The ACTING PRESIDENT pro tem- Mr. DORGAN. Mr. President, I ask that is in present law. pore. The Senator is correct. unanimous consent to speak in morn- Now, the opponents of the Medicare f ing business for 15 minutes. The ACTING PRESIDENT pro tem- drug benefit always say that the non- HONORING THE UNIVERSITY OF interference clause is proof the present pore. Without objection, it is so or- FLORIDA’S NCAA FOOTBALL dered. law was written by the drug industry. CHAMPIONSHIP My question, Mr. President, is this: If f Mr. NELSON of Florida. Mr. Presi- that is what they want to think, then IMPACT OF THE WAR IN IRAQ did the same pharmaceutical industry dent, I am here with a big smile on my write these bills that the Democrats face, with an orange and blue tie, to Mr. DORGAN. Mr. President, this introduced in 2000, 2001, and 2002? recognize the signal accomplishment of morning and in the days leading up to today, we have seen and heard a great I bet you are wondering how many the University of Florida Fighting deal of discussion, particularly by the Democratic bills had the now infamous Gators, and not only now with the na- media, describing the issue of the noninterference clause in it—that is, tional championship in football, but in President’s speech tomorrow evening the prohibition on Government nego- the same season, the 2006 season, to and all of the discussion in the polit- tiation. Well, here is the whole have the unusual achievement of hav- ical system as a political tug of war timeline. As you can see from chart 4, ing the national champions in basket- about Iraq. It is not that. This is not a that prohibition on the Government ball as well as football. Throughout the season, this team political tug of war. It is a serious mo- negotiating, the noninterference was challenged time after time and was ment for this country to try to evalu- clause, has been in seven bills by underrated in the press; yet, they had ate what to do about something that Democrats between 1999 and 2003, in- the heart to win and keep fighting. The overlays almost everything else we are cluding a bill introduced in the House score of 41 to 14 last night clearly considering these days; that is, the cur- on the same day, H.R. 1, which eventu- shows who are the national champions. rent war in Iraq. What do we do about ally became the bill the President On behalf of our State of Florida, what is happening there? It is about signed. There were seven. Here they later today, I will be introducing a res- the lives of our soldiers. It is about our are. The first is the Moynihan bill, olution commending the University of country’s future. It is about how to April 2000; Daschle-Reid bill, May 2000; Florida for being the national cham- make change in Iraq, how to create the Eshoo bill, June 2000; Gephardt-Pelosi- pions and urge our colleagues to join in kind of change that will give us the op- Rangel-Stark-Dingell-Stabenow—when this Senate resolution. portunity to do the right thing. she was in the House and is now a Sen- I will only additionally call to the I intend to listen carefully to what ator—introduced June 2000. STARK had Senate’s attention that with my col- the President says in his speech to the it in a motion to recommit in June league, SHERROD BROWN of Ohio, we en- nation tomorrow night. I am not going 2000. Senator WYDEN from Oregon in- gaged in a friendly wager. This is not to prejudge what he says, but let me troduced it as part of S. 1185 in July like the normal wager that years ago, suggest what I think the President has 2001. THOMPSON of California had it in a when a Florida team was playing a to answer for us, for me, for the Amer- House bill in June of 2003. California team and the junior Senator ican people. It seems to me that on the other side from California, Senator BOXER, and I There is considerable discussion of the aisle there ought to be some con- entered into a friendly wager of a crate about the fact that the President will sideration of where did Republicans get of oranges versus a barrel of California likely call for a surge or an increase in this idea. I hate to steal ideas from almonds—and our office enjoyed those American troops going to Iraq. There is Democrats, but if they work, they almonds for several months. No, this also discussion that perhaps he will work. I spoke yesterday about how this was a different kind. This was a wager call for additional funds that would be provision—or the present way of doing with Senator BROWN of Ohio that the sent to Iraq for reconstruction or other it. The Federal Health Employee Ben- losing team’s Senator would do the things Americans would contribute. efit Program has been doing it for 50 number of military pushups equivalent One point the President will have to years, and it has been saving senior to the score of the game in public in explain is the testimony that was given citizens lots of money, not just on the front of the cameras. So with a score of less than 2 months ago before the Sen- price of prescription drugs but pre- 41 to 14, that is 55 pushups. I will even ate by General Abizaid, the top mili- scription drugs and premiums and a lot extend the olive branch to Senator tary commander in Iraq. I am talking of other things—not only saving senior BROWN that if he doesn’t want to do all about the top military commander of citizens money out of their own pock- of them, I will do part of them with American troops in Iraq. Here is what ets but saving the taxpayers with a him. But it is a great day for college General Abizaid said in November, less new judgment on what the cost of the football, and it is certainly a great day than 2 months ago. He said: drug program is going to be that was for the State of Florida and for the I met with every divisional commander, projected back when it was signed by University of Florida. General Casey, the corps commander, Gen- the President. It is $189 billion less eral Dempsey. We all talked together. And I f than the Congressional Budget Office, said, ‘‘In your professional opinion, if we the CMS, and the OMB said it would STAR PRINT—S. 21 were to bring in more American troops now, cost. Mr. NELSON of Florida. Mr. Presi- does that add considerably to our ability to Now, I know what the response will achieve success in Iraq?’’ And they all said dent, I ask unanimous consent that S. no. The reason is because we want the Iraqis be. It will be that even though Demo- 21 be star printed with the changes to do more. It is easy for the Iraqis to rely cratic bills had nearly the exact same that are at the desk. upon us to do this work. I believe that more prohibition on Government negotia- The ACTING PRESIDENT pro tem- American forces prevent the Iraqis from tion—practically word for word in pore. Without objection, it is so or- doing more, from taking more responsibility seven bills over a long period of time— dered. for their own future. opponents now think the approach is Mr. DORGAN. Mr. President, I sug- This is testimony before a congres- no longer the best for Medicare. That’s gest the absence of a quorum. sional committee of the top U.S. mili- sort of like ‘‘we supported it before we The ACTING PRESIDENT pro tem- tary commander in Iraq saying he has opposed it.’’ Beneficiaries and the pub- pore. The clerk will call the roll. asked all of his top commanders, if we lic deserve more than that. The assistant legislative clerk pro- were to bring in more American troops I yield the floor. ceeded to call the roll. now, does it add considerably to our

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S248 CONGRESSIONAL RECORD — SENATE January 9, 2007 ability to achieve success in Iraq. He from the Baghdad Airport, took them dent and the Congress, and find the said: over to a warehouse, repainted them, right solution and do what is right for They all said no. and then sold them to the Coalition our future. Then let’s turn to other That is something I believe has to be Provisional Authority, which was us. It issues. reconciled. Has that changed? Has is a criminal action at this point. How about energy? It is interesting, something changed in 2 months? My point is this: Whatever we do in we are held hostage by foreign oil. Over With respect to the amount of money Iraq, I want to be effective. We owe it 60 percent of the oil that runs the that is sent to the country of Iraq, I ob- to the troops, we owe it to the men and American economy comes from off our serve this: This country has spent hun- women who wear America’s uniform. shores. When we talk about energy dreds of billions of dollars on the Iraq At this point, we have America’s independence, we need energy independence, and I support fossil fuels. We war. Between Iraq and Afghanistan, we troops in the middle of a civil war. Yes, are going to use oil, coal, and natural are now approaching $400 billion. We most of this is sectarian violence. We gas. We always have and we always appropriated separately roughly a $20 see the reports. January 7: 30 dead in will, and I support that. But let me say billion pot of money for reconstruction Baghdad, bodies hang from lampposts. this: In 1916, this Congress put in place in Iraq. That is in addition to the re- The Government said Saturday that 72 bodies were recovered around the city, tax incentives for the production of oil, construction which has been done by long-term, robust, permanent tax in- American soldiers. That $20-plus billion most showing signs of torture. We see these day after day after day. Our centives to incentivize the additional was pushed out the door—a massive production of oil. amount of money—in a short time. heart breaks for the innocent victims of this war. The question for us now is, Think how different it is with what I held a good number of hearings as we have done with renewable energy. chairman of the Democratic Policy Should American troops be in the middle of that civil war? Should we send We decided about 20 years ago to give Committee on that issue: contracting some tax incentives to incentivize re- additional troops to that cir- in Iraq. I think it is the most signifi- newable energy development, but they cumstance? If so, for what purpose? cant amount of waste, fraud, and abuse were temporary, short term. The pro- And if so, why do we do it less than 2 this country has ever seen. Let me duction tax credit for the production of months after General Abizaid said the show one poster that describes a part wind and other renewable energy has commanders do not believe additional of it, which was shown at our hearing been extended five times because it has troops will be effective? and we discussed this: been short term. It has been allowed to We have done what is called a surge A $243 million program led by the United expire three times. That is not a com- in Baghdad starting last July. I believe States Army Corps of Engineers to build 150 mitment to this country. This is not a it was somewhere around 15,000 addi- health care clinics in Iraq has, in some cases, commitment to renewable energy. This tional troops were sent to Baghdad. produced little more than empty shells of is not a commitment to energy inde- crumbling concrete and shattered bricks ce- The fact is, the violence increased, pendence. The fact is, we are just mented together into uneven walls. more soldiers died. babystepping our away along in all A company called the Parsons Cor- I am going to listen to President these areas. We didn’t do that with oil. poration got this money. They were to Bush’s speech. This ought not and I We made a robust, long-term commit- rehabilitate, I believe, 142 health clin- hope will not and should not be polit- ment in 1916, and it remains today, ics in the country of Iraq. Twenty were ical. It is about all of us, Republicans that said: Let’s produce. How about and Democrats, the President and the done, and the rest didn’t happen at all. doing the same thing for renewable en- Congress working together to find a The money was spent. All the money is ergy? Yes, the biofuels, but also wind way for the right solution for this gone. The American taxpayers found energy and hydrogen fuel cells and all country to support our soldiers, make that all their money was gone, but the the other ways that can make us more fact is that the health clinics were not the right judgments for them, make secure from an energy standpoint. rehabilitated. the right judgments for our country’s Let’s stop babystepping. Let’s have a There was a doctor, a physician from long-term interests. 10-year plan. We cannot do this with a Yes, we have a fight against ter- Iraq, who testified. He said: I went to 1-year plan or a 2-year plan. We need to rorism that we must wage, and we the Health Minister of the new Govern- deal with that issue. ment of Iraq. I said: I want to see these must do it aggressively, but most of We need to deal with the issue of health clinics that were supposed to what is going on in Iraq at this point is health care costs. I wanted to, but I have been rehabilitated for which some sectarian violence, and it is, in fact, a don’t have the time this morning, to $200 million was appropriated by the civil war. The question is, What do we respond to my colleague from Iowa who U.S. taxpayers, by the U.S. Govern- do now? twice has come to the floor to talk ment. I want to see these health clin- It seems to me that if we are going to about why our Government shouldn’t ics. keep American troops in Iraq for any be allowed to negotiate drug prices in He said the Health Minister of the length of time, we ought to consider the Medicare Program. It is prepos- new Government of Iraq said: You partitioning so at least we separate the terous that we have a provision in law don’t understand, they don’t exist. combatants and the sectarian violence. that prevents the Federal Government They are imaginary clinics. It only seems to me, in a civil war, from negotiating lower drug prices, es- Well, our money is gone. This is an that works. But I will listen intently pecially because our consumers in this example of the waste, fraud, and abuse tomorrow with my colleagues to hear country pay the highest prices for pre- in contracting. what the President’s new plan is. I scription drugs in the world, and that The Halliburton corporation, Custer hope we can work together in a way is unfair. I relish that debate, and I Battles corporation—it is unbeliev- that begins to do what is in the best in- wait for that debate. able—the stories. This photo shows terest of this country. I am very skep- Jobs and trade—the fact is, we have some American officials with $100 bills tical about this issue of deciding that lots of issues we need to sink our teeth wrapped in Saran Wrap the size of a big we are going to surge additional troops into. I am going to come back and brick. This fellow testified at a hearing into Iraq, even as the top military speak about many of these issues at I held, this man in the white shirt. He commanders in Iraq say that should great length. First, we have to deal said: Look, we told contractors in Iraq: not be done. with this situation in Iraq. That is very Bring a bag, we pay cash. He said it I mentioned Iraq first because it important. That is about the lives of was like the Wild West: Bring a sack, overwhelms most of the other agenda men and women who wear America’s we pay cash. here, but there are so many other uniform. But it is more than that as This $2 million in $100 dollar bills issues with which we must deal. Let’s well. It is about what we are doing wrapped in Saran Wrap actually went deal with Iraq and get that right, sup- around the world. It is about, yes, our to Custer Battles corporation. Custer port our troops, do what is necessary, lives and our treasure, and we need to Battles corporation got over $100 mil- do what is best for our country. Let’s get that right. lion in contracts. Among other things, work together, Republicans and Demo- I mentioned when I started that I it is alleged they took forklift trucks crats, let’s work together, the Presi- think the press, if one listens to all the

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S249 programs, tend to portray this as a po- The proof of this waste was a fine, payers of New Jersey do not want their litical tug of war. It is deadly serious, levied against Halliburton, of $60 mil- money used to build another civilian much more serious than a political tug lion at one time for overcharges for the project in Iraq that is going to get of war. It is about trying to get this care and feeding of our troops. We con- blown up the next day. Before we look right for our country’s future. tinue to hear of irresponsible behavior to spend more money on civil projects I hope that in the coming several of contractors serving our needs in in Iraq, let’s get the diplomatic situa- weeks, we can come to a conclusion Iraq. Mismanagement of all forms has tion straightened out. about this very important issue—yes, been a hallmark of Defense Depart- The American people want to see us the war in Iraq, the larger war on ter- ment supervision. leave Iraq with some hope for stability rorism, deal with some of these issues, At every turn, this President has in our absence. That will require Presi- such as homeland security—and then made terrible judgments. Tomorrow we dent Bush to use all of the diplomatic move on to begin to address the issues are going to hear another decision by tools at his disposal to force a dra- I just talked about as well; that is, the President Bush. Why should the Amer- matic change of course for the Iraqi issue of energy security, health care ican people trust him to understand Government. The current Government costs, jobs, trade, and a series of issues what he is getting us into? We heard in Iraq has to take real steps to disarm that are important for this country’s the President say, ‘‘Bring ’em on,’’ one the Shiite militias and show the future. of the most disingenuous statements Sunnis that they will actually be em- Mr. President, I yield the floor. ever made by a President. I served in powered in the Iraqi Government. If we The PRESIDING OFFICER (Mr. Europe during World War II, and I can do not do that, we could send a million SANDERS). The Senator from New Jer- tell you that we never wanted to hear troops to Iraq tomorrow, but it would sey. a Commander in Chief taunting the not make a difference. If the Sunnis Mr. LAUTENBERG. Mr. President, I enemy from the comforts of the White feel the Iraqi Government has nothing ask unanimous consent that I be given House. Asking more of the enemy to to offer and Prime Minister al-Maliki 10 minutes to speak as in morning busi- show their faces? We didn’t want to see doesn’t stop the Shiite militias, the ness. bloodbath will continue. The PRESIDING OFFICER. Without them at all. We saw the President’s foolish dis- I hope the leaks about the Presi- objection, it is so ordered. dent’s plan are wrong and that he will Mr. LAUTENBERG. Mr. President, play of bravado on the Aircraft Carrier Abraham Lincoln when he declared, announce tomorrow a better course, a this morning I rise to discuss the ter- course that will allow us to exit Iraq rible situation we see in Iraq. While ‘‘Mission accomplished.’’ What a care- less statement the President of the but with real hope of a more stable so- home in New Jersey over these last few ciety left behind. United States made that day, over 31⁄2 days, I was often approached by con- I conclude that with the history of stituents on the street and there was years ago. Mission accomplished? That meant the job was finished, as far as planning for this war and the state- one topic that would come into the ments coming from the White House conversation almost immediately, most people were concerned. But it was not through. and the leadership of the Defense De- when people said: Senator, when are we partment I ask: How can we trust their going to get our troops out of the While the President was performing in 2003, leaders were warning of a mili- judgment with a new plan to put more crossfire in Iraq? people in harm’s way without some It is a great question, but the answer tary crisis. General Shinseki, Army Chief of Staff, told a Senate Armed idea of when this will end? It is not a is certainly not clear. good idea and we ought to get a better Our constituents back home under- Services Committee that we would need to keep a large force in Iraq even explanation from the President and the stand that President Bush has totally Defense Department as to what might mishandled the diplomatic and stra- after a war to curb ethnic tensions and provide humanitarian aid. General the outcome be if their plan succeeds. tegic parts of the Iraq mission and our I yield the floor. troops are the ones who are caught in Shinseki, distinguished military lead- f the middle—caught in the middle of an er, said we needed several hundred ethnic civil war between Sunnis and thousand troops there. His assessment CONCLUSION OF MORNING Shiites. From my home State of New was harshly dismissed quickly by the BUSINESS Jersey, we have already lost 74 people President and by Secretary Rumsfeld. The PRESIDING OFFICER. Morning in Iraq; nationwide the total is quite The General’s reality-based opinion got business is now closed. clear—over 3,000 have lost their lives, in the way of their ideologically based Mr. BYRD. Mr. President, the Oxford and there are over 23,000 wounded with mission of a smaller Active-Duty English Dictionary defines the word injuries that could disable them for the Force. ‘‘surge’’—s-u-r-g-e—as ‘‘a sudden large rest of their lives. In the aftermath of the initial inva- temporary increase.’’ Note in par- To make matters worse, a dispropor- sion, President Bush has made the ticular the word ‘‘temporary.’’ Presi- tionate amount of the burden of this wrong move almost every time. Now dent Bush’s rumored new strategy on conflict has fallen to Guard and Re- we have walked so deep into the swamp Iraq—a surge of U.S. troops intended to serve troops. In fact, in early 2005, the in Iraq that just adding more guns is quell the violence in Baghdad—is both National Guard and the Reserves made not going to work. This so-called surge wrongheaded and headed for failure. up nearly half of the fighting force in is another bad idea—slogans, such as As outlined, the surge envisions Iraq, people who were to be called up ‘‘cut and run’’ have to be matched clearing all violent factions out of when emergencies arose. The Reserves against the reality of ‘‘stay and die.’’ Baghdad in an effort which is to be led were not there primarily to be a re- President Bush likes to say: I do by Iraqi security forces. Apparently, placement for long-term combat duty. what the generals tell me to. But now U.S. forces will provide indiscriminate This administration decided early on we know that is not the case. The gen- firepower in another attempt to estab- that their agenda for the military was erals have been extremely candid about lish democracy by brute force. This to shrink the size of our Active Forces. their view of the surge idea. They does not seem to me to be the way to We all heard that. ‘‘We will get it down think it is wrong. Now we are hearing win hearts and minds in Iraq. to being lean and mean, and increase that the President intends to give an- I oppose any surge in Iraq. Only days reliance on contractors for support.’’ If other $1 billion to Iraqi reconstruction ago, just days ago, we passed the grim it were not so tragic, it would be a projects. We want to fund every cent milestone of 3,000 American dead in joke. that our troops need for their safety, Iraq. There are few firm numbers on Now we see, in practice, the Bush for their return, for their health care, Iraqi lives lost, but estimates are in long-term military plan has been a dis- for their well-being, but sending more the tens of thousands. I am reminded of aster. We do not have enough active money down the rat hole is not going one definition of ‘‘insanity’’: making troops. We are relying way too much to do it. It is being diverted from pro- the same mistake over and over while on the Guard and Reserve. And con- grams at home, such as education, continuing to expect a different result. tractors such as Halliburton have been stem cell research, health care for all We have surged before. Still the vio- wasting taxpayer dollars right and left. our people, to name a few, and the tax- lence in Iraq worsens.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S250 CONGRESSIONAL RECORD — SENATE January 9, 2007 We are close to the beginning of the an admission that we cannot remain in proposal for a unanimous consent fifth year—the fifth year—of a war Iraq for much longer because the agreement on a speaking order. I would which should never have been started American public will not tolerate it; like quickly to move it as a request for by an administration that fed the Con- and benchmarks for beginning an or- unanimous consent that I be given 15 gress and the public false information. derly withdrawal conditioned on ac- minutes; Senator BENNETT, as ranking This is an administration which has tions by the Iraqi Government. member, 15 minutes; Senator TESTER, learned nothing—nothing, zilch—noth- So, Mr. President, the al-Maliki Gov- 10 minutes; Senator LOTT, if he cares to ing more about the country of Iraq ernment has been duly elected by the come down, 10 or 15 minutes which, if than it knew before it launched an people of Iraq. It is time we let them it is 15, will balance with 15 on the unprovoked U.S. attack. take charge. Let them, Mr. President. Democratic side; Senator NELSON, 15; Our stated purpose for continuing to Let them take charge. As long as we the next open slot for a Republican, 15 occupy Iraq is to help the Iraqi people prop them up and inflame hatred, they minutes; and Senator SALAZAR, 15 min- build a stable democracy. But the dif- will never have the legitimacy they utes. ficulty of that task should have been need to make the political decisions I ask that at 2:15, for 15 minutes clear before we invaded. It was clear to that may ultimately save Iraq. In each, the majority leader be recog- me. Iraq is a country that was only short, it is time to take the training nized, followed by the minority leader held together by a brutal strongman, wheels off the bike. Do you know what if he requests time. Saddam Hussein. And without the that means? It is time to take the Mr. President, let me vitiate that strongman to force cohesion, it is a training wheels off the bike. last part because we would like to have country with deep ethnic and religious Our blundering—and it is nothing Senators LIEBERMAN and COLLINS rec- divisions and no central loyalties. less—our blundering has inflamed and ognized at 2:15 for 15 minutes each and There is no tradition of constitutions destabilized a critical region of the then Senators REID and MCCONNELL, if or equal rights, no unifying common world, and yet we continue to single- they so desire. That is the unanimous beliefs about individual freedoms or mindedly pursue the half-baked goal of consent request. governing with the consent of the gov- forcing democracy on a country which The PRESIDING OFFICER. Without erned—none of that commonality of is now embroiled in a civil war. Our objection, it is so ordered. thought that reinforces governing prin- blinders keep us from seeing the re- Mrs. FEINSTEIN. Mr. President, it is ciples in the society at large. gional problems which are bubbling an honor to take the floor today as the The al-Maliki Government would and which soon may boil. The real new chairman of the Senate Rules and never survive on its own outside the damage to the United States is not Administration Committee to help lead Green Zone in Baghdad, and indeed the only the loss of life and the billions of the battle for meaningful and credible point of a surge is to secure only the dollars expended, it is also the diminu- ethics reform. In the last election, the capital. But what then? After accel- tion of our credibility around the world message was loud and clear: It is time erating the violence, even if we are as a country with the will and the vi- to change the way business is done in able to lock down Baghdad, what will sion to lead effectively. the Nation’s Capitol. Passage of this Serious diplomacy is clearly in order transpire to keep the insurgency from ethics reform package is the most di- on the matters of Lebanon, the Israel- regrouping elsewhere, possibly fed by rect action we can take to show the Palestinian conflict, and on Iran. Mul- Iran or by Syria? How will we then es- American people that tighter rules and tinational talks were part of the Iraq tablish the legitimacy of a shaky Iraqi procedures are in place and that the Study Group’s recommendations, but Government? corrupt practices of the few will no diplomacy usually ends up at the bot- In my view, we may be about to longer be permitted. Strong criminal tom of the administration’s option list, make a critical mistake by moving in sanctions for these practices will exactly the wrong direction in Iraq. In- and that is where it has landed again. If the ‘‘shoot first’’ crowd in the henceforth be in place. stead of a surge, we ought to be look- Passage of this bill will demonstrate White House continues to stick its chin ing at a way to begin orderly troop re- once and for all that we care more out and believe that bullets and bom- about representing the American peo- duction. The folly of the surge idea is bast will carry the day, soon—very apparent. The insurrection in Iraq is a soon—our ability to mediate the mo- ple than the perks of power. I am especially pleased to be joined civil war. The conflict is among war- rass of difficulties in the Mideast and in this effort by my new ranking mem- ring factions battling for some measure elsewhere may be permanently dam- ber, Senator BENNETT, with whom I of control over the others. U.S. in- aged. Pariahs do not usually carry look to work very closely in this new volvement on one side simply further much weight at negotiating tables. If energizes all the other sides. This surge the lesson in Iraq teaches anything, it Congress. I am also pleased that Sen- will only energize them, further pro- is that military might has very great ator LIEBERMAN, the new chairman of voking a likely countersurge of vio- limitations. But then that is a lesson Homeland Security and Government lence. If it is a true surge—in other we should have learned many years ago Affairs, and Senator COLLINS, the rank- words, temporary—the insurrection from Vietnam—many years ago from ing member of that committee, have factions will only work harder to maim Vietnam. agreed to join us on the floor as coman- and kill our troops and claim victory if agers of this bill. f we reduce forces. So, in fact, there will On March 29, 2006, by a 90-to-8 vote, probably be no surge but, rather, a per- LEGISLATIVE TRANSPARENCY the Senate passed S. 2349, the Legisla- manent escalation of the U.S. presence, AND ACCOUNTABILITY ACT OF 2007 tive Transparency and Accountability which is simply being sold to the The PRESIDING OFFICER. Under Act, which has now been introduced by American public as a surge. Once the previous order, the hour of 11 a.m. the majority and minority leaders as S. again, we get obfuscation and spin having arrived, the Senate will proceed 1. This legislation was a combination from a White House that seems incapa- to consideration of S. 1, for debate of separate bills reported by the Rules ble of careful thought and analysis. only, which the clerk will report. Committee and the Homeland Security Any plan to increase troops in Presi- The assistant legislative clerk read and Governmental Affairs Committee. dent Bush’s new strategy is simply a as follows: It came to the floor early last year, at plan to intensify violence, put more A bill (S. 1) to provide greater trans- a time when Americans were becoming American troops in harm’s way, risk parency in the legislative process. increasingly concerned about corrupt the lives of more innocent Iraqis, en- The PRESIDING OFFICER. Under and criminal practices by a group of gender more hatred of U.S. forces, and the previous order, the time until 2:15 lobbyists, administration officials, con- embroil U.S. forces deeper in a civil p.m. shall be equally divided between gressional staff and, yes, even Members war. the leaders or their designees. of Congress. I would like to see a clear defining— The Senator from California is recog- Also, various questions were raised a clear defining—of our immediate nized. about the K Street Project, in which challenges in Iraq; a realistic discus- Mrs. FEINSTEIN. Mr. President, I lobbyist firms, trade associations, and sion about short-term achievable goals; have discussed with Senator BENNETT a other business groups were told they

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S251 would encounter a closed door in Con- bring it up in a conference report, you The substitute will also have a repeal gress unless they hired members of the would have to withstand the test of a on the current exception to the revolv- then majority party. 60-vote point of order if a Member saw ing door lobbying ban for Federal staff- The Senate-passed bill was a strong fit to bring that point of order. The ers hired by Indian tribes, something ethics, earmark and lobbying reform Parliamentarian tells me that would my office has worked on with Senator package. Unfortunately, the House not include earmarks added in con- REID. voted instead to soften the provisions, ference which were not approved by the Now, earmarks. Over the last 12 lift the limits on party expenditures in House or Senate. Members should know years, the number of earmarks have general elections, and regulate 527 that. Earmarks are not included, just tripled to 16,000, worth $64 billion a groups. A stalemate ensued and no con- out-of-scope issues. We might want to year. The process has clearly gotten ference report was returned. Now, with take that into consideration. out of control. An important first step a new Congress under Democratic lead- As I have said before, I strongly be- is disclosure. The substitute provides ership, the Senate’s first bill, S. 1, is lieve such earmarks which have been much more vigorous transparency. In essentially the same text as the Sen- added without being voted on by the the bill approved by the Senate last ate-passed S. 2349. subcommittee, committee, House or March, an earmark is defined as ‘‘a I believe one message that was very Senate, should be subject to a 60-vote provision that specifies the identity of clear in the last election was the need point of order. I am interested in work- a non-Federal entity to receive assist- for Congress to immediately take steps ing with any colleagues on this matter. ance and the amount of that assist- to restore the public’s trust. I would The provision at issue was based on a ance.’’ The term ‘‘assistance’’ means like to briefly outline the major provi- stand-alone bill I introduced with Sen- budget authority, contract authority, sions of the base bill and then follow up ator LOTT last year, but it was changed loan authority, and other expenditures with some discussion about the im- as it moved forward. Even though it and tax expenditures or other revenue provements that are being considered may not include earmarks, it is an im- items. in a bipartisan leadership substitute. portant provision which will go a long In the substitute, earmarks will be This is now the base bill. It prohibits way toward stopping controversial pro- defined much more broadly to include gifts and travel paid for by lobbyists. visions often added in the dark of not only non-Federal entities but any Section 106 bans all gifts and meals night. provision that benefits only one non- from lobbyists. Section 107(a) bans Transparency in the Senate: Section Federal entity even though the origi- travel paid for by lobbyists or in which 111 makes the K Street project—that nal funding is routed through a Federal lobbyists participate. Section 107(b) re- is, partisan efforts to influence private agency. This is meant to get at the quires full disclosure of travel by Mem- sector hiring—a violation of Senate kind of earmarks notoriously offered bers or their staffs on noncommercial rules. by former Representative Cunningham airplanes. It closes the revolving door. Section 232 requires ethics training that effectively directed funds to a Section 241 extends the existing lob- for members of staff. non-Federal entity but did not directly bying ban for former Members and sen- Section 234 requires the Ethics Com- name the entity. We will also include targeted tax ior executive branch personnel from 1 mittee to issue annual reports on its benefits and targeted tariff benefits in to 2 years. That is a consequential activity—not to name names but to give the public a better idea about how the definition of earmarks. change. Sections 108 and 241 toughen Another section is a provision spon- active the committee has been. the existing lobbying ban for senior sored by Senators CONRAD and GREGG, Section 114 of the bill requires Sen- staff—those making 75 percent of a chairman and ranking member of the ators to identify holds they place on Member’s salary or more—by prohib- Committee on the Budget. This amend- legislation. This is an important im- iting them from lobbying anyone in the ment requires a Congressional Budget provement. All too often, important Senate, not just their former boss or Office score for all conference reports legislation has been blocked by an committee, as is presently required. before they are considered by the Sen- anonymous hold, and nobody knows Section 109 requires public disclosure ate. In emergencies, this could be by Members of any negotiations for who it is. Here, one person can stop a waived by 60 votes. private sector employment. bill that has been dutifully passed out The substitute will express the sense Section 105 strips floor privileges of the committee and passed by the of the Senate on fair and open con- from former Members who become reg- Senate. This measure does not prevent ference committee procedures. What istered lobbyists so that no former such holds but requires that the Sen- that means is for the majority party Senator can come to the Senate floor ator doing this file a public report in not to exclude the minority party from to lobby. the CONGRESSIONAL RECORD within 3 the conference. We Democrats know Section 110 bars immediate family days. what this is like. We would like to end members from lobbying a Member or My colleagues from the Homeland that and have conferences open for the his or her office, though they could Security and Government Affairs Com- free discussion of Members of both po- still lobby other offices. mittee will have much to say about the litical parties. This is a sensible provi- Section 103 requires that a sponsor of lobbyist disclosure provisions because sion. We should put an end to the prac- an earmark be identified with the addi- they fall within the jurisdiction of tice that existed in this last Congress. tional spending requests in the ear- their committee. There will also be a ban on dead-of- mark on all bills, amendments, and Let me go into a few major provi- night additions to conference reports conference reports. sions under discussion that would like- after they have already been signed by Section 104 requires conference rely come with a substitute amendment. Members. I actually couldn’t believe ports, including the sponsors of ear- The first is sporting and entertainment this went on, but it does, and we should marks in these reports, be posted on events. The substitute requires the end it. the Internet at least 48 hours before a proper and full valuation of tickets to There are two important areas on vote unless the Senate determines by a sporting and entertainment events. No which no agreement has been reached. majority vote that it is urgent to pro- more cut-rate tickets to combat the Our majority leader had proposed ceed to the legislation. So there is a hi- below-market prices being charged broadening gift reform in S. 1 to pro- atus in which names of sponsors will be Members and staff as a way of getting hibit gifts not only from lobbyists but published on the Internet for at least 48 around the gift ban. It would close the also from organizations that employ or hours. revolving door. The substitute pro- retain lobbyists, which makes sense. Section 102 subjects any out-of-scope hibits Members from negotiating for He had proposed broadening the travel matter added by a conference report to private sector employment that in- provisions of S. 1 to prohibit travel a 60-vote point of order. What does volves lobbying activity while still paid for not only by lobbyists but also ‘‘out of scope’’ mean? It means a mat- holding office. Senior staff would have by organizations that employ or retain ter not approved by either body of the to inform the Ethics Committee if they lobbyists and prohibit lobbyists’ in- Congress. If you have a matter not ap- enter into negotiations for private sec- volvement in that travel. I also think proved by either body, and you want to tor employment. that makes sense.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S252 CONGRESSIONAL RECORD — SENATE January 9, 2007 The minority leadership did not was different. It was a much more lei- when I went to work as a lobbyist, lob- agree on the two proposals, so I now surely and orderly process. byists were not paid as much as Mem- expect to see our majority leader offer I have seen, in the 14 years I have bers. Today it seems to be the other an amendment on this separately. I been in the Senate, the process speed way around. will be pleased to support it. up to the point that even the kind of I remember belonging to a group that In conclusion, a USA Today Gallup cursory examination we would give to very creatively called itself the Break- Poll last month said that only 15 per- legislation 14 years ago has gone by the fast Group because we met for break- cent of those polled gave our House boards. fast once a month. It consisted of all of high marks for honesty. That was down I have been part of the process of cre- the lobbyists of Fortune 500 companies from 25 percent in 2001 when Members ating the omnibus appropriations bill, in Washington at the time. We would got their best score since 1976. When which is probably the worst possible meet at the Chamber of Commerce one looks at the scandals that were ex- way to legislate. Yet under the pres- where the staffer from the Chamber of posed last year, that is not surprising. sures we found ourselves confronted Commerce would brief us on their atti- The ties between lobbyists and law- with it was the only way to get appro- tudes toward our issues. He left the makers must be broken. Yes, the public priations bills completed. chamber to set up an office for a For- has a constitutional right to petition I have watched as the authorizing tune 500 company and wanted to join Congress, but that right should not be process has gradually but inexorably the group as one of our members. We limited to those who seek any special broken down as authorizers now come voted him in, and then we voted the access. to appropriators and say: We can’t get membership closed because we said if The 2006 election saw the largest con- this through our committee for a vari- we get too many more, it will be too gressional shift since 1994. Even with ety of reasons. Would you add it to the big. There were 20 members. There the war on Iraq on voters’ minds, polls appropriations bill? The appropriations were 20 people who were representa- showed Americans more concerned bill is picked because it is the only bill tives of Fortune 500 companies at the about ethics in government. The stakes that has to pass. We have to fund the time. are high. It is imperative we act. We Government. Mr. President, this is an old docu- have a vehicle to do so before the Sen- I remember a Congress when Sec- ment I hold in my hand from 2000, so it ate. I hope we will. retary Babbitt had a vital problem re- is 6 years old. It includes the names of I yield to the distinguished ranking lating to his department and to my all of the lobbyists who are currently member. State. We talked it through. Then he in Washington. That little group of 20 The PRESIDING OFFICER. The Sen- said: Senator, see if you can get it on has grown somewhat in the 40 years ator from Utah. the CR, the continuing resolution. from then till now. But as you look Mr. BENNETT. Mr. President, I There was no opportunity for passage through this list, one thing becomes thank the chairman of the Rules Com- of that particular item. Here is a Cabi- clear that I think a lot of people do not mittee for her careful and cogent ex- net officer, representing President understand with respect to the legisla- planation of what is in the bill. I am Clinton, talking to a Republican Sen- tion we are considering. By virtue of happy to be an original cosponsor of S. ator, representing the people of Utah, all of the people who have now entered 1. I will be a cosponsor of the sub- and the advice is: See if you can put it this kind of activity, virtually every stitute that will be provided under her on the CR. single American is represented by a leadership along with Senator REID and Obviously, the process of orderly au- lobbyist. Every single American has Senator MCCONNELL. thorization, oversight, examination, someone lobbying in behalf of his or I agree with her and with most others and then appropriations which is laid her interests, whether he or she knows that we need to move ahead on this down in our rules has broken down it or not. issue. We need to let the American peo- under the pressure. It was in that cru- I just dipped into this document, ple know we are paying attention to cible where people such as Duke turned open some pages, at complete the ethics questions as they relate to Cunningham would step forward and random, to see who are the lobbyists lobbying and to our own internal ac- say: We are going to take advantage of and what are they here for. Here on tivities. this broken process to our own per- page 473, we have the Legal Action Her discussion of earmarks has very sonal advantage. Center for the City of New York: A not- little to do with the way lobbyists op- Now, understand, Duke Cunningham for-profit law and policy organization erate but with the way the Congress is in jail. Understand, Jack Abramoff, fighting discrimination against people operates. Lobbyists react to what we the lobbyist who saw the opportunity with substance abuse problems, people do. They are paid to pay attention to of exploiting this breakdown, is in jail. with HIV/AIDS, and people with crimi- what we do and then shift and adjust The laws, the rules, the ethics that nal records. So people who have sub- their activities to match what is going currently exist, gave rise in this stance abuse problems, HIV/AIDS, and on in the Congress. Many of the prob- present circumstance to a comment criminal records have a lobbyist. lems we have seen arise in the last someone made. He said: You folks in Here is the Learning Disabilities As- dozen years have come from changes the Congress are the only people I sociation. Here is the Lawyers Alliance within Congress, changes in proce- know who, when someone breaks the for World Security: A national, non- dures—not formal changes but evolu- rules, decide the thing to do is to partisan membership organization of tionary changes—that have come along change the rules. legal professionals dedicated to stop- as Congress has reacted to the pres- There is some sense that perhaps we ping unrestrained weapons prolifera- sures we face. are overreacting to the scandals of tion and bringing the rule of law to the My first experience in this town was Abramoff and Cunningham. I do not be- newly independent nations of the as a teenager, as an intern. I suppose lieve that S. 1 is an overreaction, nor former Soviet Union. So if you are there is something wrong with me be- do I believe is the substitute offered by against nuclear proliferation, you have cause I was enough of a political junky Senators REID and MCCONNELL, of a lobbyist. that I used to sit in the gallery at which I and I am assuming the chair- The League of Conservation Voters: night when I could have gone home and man of the committee are original co- A national, non-partisan arm of the en- listen to the debate in the Senate. I sponsors. But as the debate goes for- vironmental movement, works to elect would amuse myself in the daytime by ward, there might be a temptation to pro-environmental candidates to Con- reading the CONGRESSIONAL RECORD. I overreact in some of the amendments gress, publishes annual ratings of Con- am not sure how many people would do that will be offered to this bill and to gress, and so on. that today. the substitute. So I want to make a few OK. Flipping ahead, we have the Na- In those days, debate in the Senate points about the whole process of lob- tional Association of Schools of Dance: was real debate. Senators would come bying. Accreditation of post-secondary edu- to the Senate, go back and forth with Again, a little personal history: Back cational programs in dance—they have each other. Things were different. The in the 1960s, I was a lobbyist. I have a lobbyist—along with the National As- way things moved through committees said my timing was terrible because sociation of State Units on Aging: A

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S253 national, non-profit public-interest or- Mrs. FEINSTEIN. Mr. President, I over again about the loss of faith in ganization dedicated to providing gen- thank the distinguished ranking mem- our Government and our elected offi- eral and specialized information, tech- ber for his excellent comments, and I cials. Scandals and questionable behav- nical assistance, and professional de- have learned something about his life ior have brought a shadow over this in- velopment support to State units on which I found very interesting. I did stitution. But today the Sun is rising aging. not know he had started his distin- again. And I went a little deeper away from guished career as a lobbyist, and I The leadership of Senator REID and national associations. We have, on page clearly saw the growth of that institu- the addition of the Feingold-Obama 636 the Solar Energy Research and tion in the book the Senator held up. I ethics reforms are a giant step forward Education Foundation: An educational thank the Senator very much for his in restoring the public’s faith in their organization developing a museum in comments. I look forward to working Government and public officials. The Washington featuring interactive CD- with him in the committee. ‘‘for sale’’ sign on Congress will be ROM-based computer technology. And Mr. President, I would like to ask all taken down, and the pay-to-play prac- next to that is the Solid Waste Agency Members, beginning this afternoon, to tices of past Members will finally come of Northern Cook County and across please come and file your amendments. to an end. These bills shine a spotlight the page, the Office of the Attorney We are eager to have them. In the on how Members operate in Wash- General of the State of South Dakota. unanimous consent agreement, the ington to ensure that the people’s busi- Every American is represented in one Senator from Montana is next, Mr. ness rather than the special interests’ form or another by a lobbyist. So we TESTER. However, I do not see him on business is being done. must be careful as we deal with the the Senate floor. So let me say this: In Montana, we believe in working perception that comes out of perhaps The way we will run this is by doing a televisionland that all lobbyists are together with our neighbors to find so- unanimous consent agreement and try- lutions to our problems. And in our Na- corrupt, all lobbyists operate with ing to line up speakers, if that is agree- shady activities, with under-the-table tion, the American people are looking able with the ranking member. If peo- for all of us to represent them, the peo- money. ple are not here, they will lose their If we decide that is, in fact, what we ple, those hard-working families trying place in line. are dealing with and clamp down in to make ends meet. Mr. President, I ask the Senator, is such a way so hard as to get in the way The best way to work for the Amer- that agreeable to the ranking member? of the National Association of Schools ican people is to ensure that they can- Mr. BENNETT. Yes, Mr. President, of Dance, we will do damage to the con- not only see what is happening in their that will be agreeable to me, with the stitutional right—right there in the Government but that they can take understanding that if the Senator does first amendment, next to freedom of re- part in their Government. It is time for show up, then they will go in the queue ligion and freedom of speech—the con- transparency, time for working fami- wherever they can fit. stitutional right to lobby. They did not lies, small businesses and family farm- Mrs. FEINSTEIN. That is correct. call it that in the 18th century. They ers and ranchers to not only be heard I see the Senator from Montana just said the right to petition the Govern- but to be represented and empowered emerging for his first appearance be- ment for redress of your grievances be- in this body and in the Halls of our Na- fore this body, and he is therefore rec- cause the Capitol had not been built tion’s Capitol. ognized for—I have 10 minutes down. and a lobby had not been created. But No more currying favor with Mem- I ask the Senator, would you require the word came out of people exercising bers of Congress and staff by high-pow- 10 minutes or 15 minutes because we their rights. We must respect that. We ered lobbyists through free court-side will give the same amount to the dis- must recognize we have to do this very tickets or all-expense-paid travel to ex- tinguished Senator LOTT? carefully. And we must recognize that otic destinations. No more slipping in Mr. TESTER. Mr. President, I say to internal reform, disclosure of ear- special interest provisions in bills al- Senator FEINSTEIN, 10 minutes will be marks, activities with respect to con- ready signed, sealed, and all but deliv- more than adequate. ference reports, cleaning up our own ered. No more floor privileges and Mrs. FEINSTEIN. Fine. Mr. Presi- act of how we handle legislation is an Member gym privileges for former dent, I yield 10 minutes of time to the important part of seeing to it that the Members lobbying on behalf of their Senator from Montana. process is proper. The PRESIDING OFFICER. The Sen- clients. No more so-called K Street As I said at the outset, I do not be- projects in which Members force lob- lieve S. 1 is an overreaction. I do not ator from Montana is recognized for 10 minutes. bying firms to hire staffers from a cer- believe the amendment in the nature of tain party or lose the Member’s sup- a substitute is an overreaction. I am Mr. TESTER. Thank you, Mr. Presi- dent. port for their clients’ projects. happy to be an original cosponsor of Montanans and Americans simply de- both. And I salute the majority leader It is a great honor for me to be before you today in this Chamber as a Sen- serve better from their Government in his determination to start out with and elected representatives. Montanans this issue because it is an issue on ator representing the great State of Montana. and Americans deserve a government which we can reach broad bipartisan that is working hard for their inter- agreement. It is an issue that can send It is the genius of American democracy that a third-generation family ests, not the big-moneyed special inter- the message to the voters that, yes, we ests. All of these special privileges and recognize that, however it has evolved, farmer from Big Sandy, MT, can serve in the world’s greatest deliberative activities get in the way of making the rules do need to be changed. Even real changes that will improve the though the people who broke the old body. We have a great opportunity with great responsibility. Americans lives of hard-working and honest Amer- rules were caught under the old rules, ican and Montana families. convicted under the old rules, and sent are not enamored by ideology or polit- I want to do the job the people of to prison under the old rules, we need ical party. I ran for the U.S. Senate be- Montana have hired me to do, and this to be looking ahead and recognize that cause I wanted to make Government ethics package gives me the tools to do in a world where virtually everyone is work for the American people once just that. I am proud and honored to involved, in one way or another, we again. join with my colleagues in support of need to do this right. Montanans stood by me to demand So I am happy to be a part of this de- change. We are here today because the change that will bring sunshine to the bate, and I appreciate the leadership American people want their Govern- process of government and allow for we are receiving from the majority ment to work. Today, we can show the transparency. leader and from the chairman of the American people that their Govern- Thank you, Mr. President. I yield the committee. ment does work by enacting genuine floor. With that, Mr. President, I yield the ethics reform, to ensure a Government The PRESIDING OFFICER. The Sen- floor. that is transparent and open. ator from Mississippi. The PRESIDING OFFICER. The Sen- As I met with the folks across the Mr. LOTT. Mr. President, I am ator from California. State of Montana, I heard over and pleased to rise again, for the second

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S254 CONGRESSIONAL RECORD — SENATE January 9, 2007 year in a row, in support of the Legis- up the right, the opportunity to get Senator X gets an earmark and Sen- lative Transparency and Account- some help for some of the poorest peo- ator Y doesn’t. So we may be, again, ability Act of 2007. It was my pleasure, ple in America when the bureaucracy creating growth in this process. But I last year, as the chairman of the Rules won’t do it. think we should disclose it. I don’t Committee, to work with my colleague I have a little old town in Mis- have any problem with identifying ear- on the Democratic side of the aisle, sissippi, Tchula, MS, with an African- marks, explanations of earmarks. CHRIS DODD, and in fact, the entire American woman, Republican mayor, There is no amount of disclosure you committee in a bipartisan way to where they have to haul water to their can come up with that I wouldn’t think produce this legislation from the Rules houses for drinking. That is in America is OK. Committee. today. It is unbelievable that in 2006, I also—and Senator FEINSTEIN knows Then we brought it to the floor. We you have people who don’t have safe this—have developed a real concern had an open process. We had lots of drinking water in this country. We about what has been going on now and amendments offered. At some point it passed the safe drinking water legisla- growing for a number of years where was the will of the Senate we bring de- tion in 1996. Yet it still doesn’t seem to things are added in conference at the bate it to a close, and we produced leg- filter down to the poorest of the poor last minute that were not considered islation because there is a need for eth- sometimes. I tried for years to get HUD by, or included in, either the House or ics and lobby reform. I have been an to help this little town that sits in a the Senate bill. That unnerves me. By aggressive supporter of many of the saucer that floods every year. the way, it is not just appropriations; provisions that have been already men- I said: Please help us move these peo- it is authorizations, and it is tax bills. tioned today and that are included in ple onto higher ground, get them out of The one incident that alarmed me ac- this bill. their snake-infested, annually flooded tually involved a tax bill. Because if So I want to make it clear that last houses; help us get them water and you are a conferee in the last minute of conference some night at 10 o’clock and year the Senate passed this legislation, sewers; help us get them decent hous- you can change a phrase in a tax bill with significant improvements or ing; help us get them a community that can mean billions for a particular changes in the law with regard to the center, a police station. Just help sector of the economy, that is very rules of the Senate, ethics, and lob- them. bying reform, and moved it into the I never got a nickel. So my colleague dangerous. But it happens. I know it is difficult to write exact process of being in conference with the Senator COCHRAN and I started ear- language to deal with the problem of House. Unfortunately, it was not con- marking funds for this little town. It last minute inserts in conference re- cluded. wasn’t big. It was a relatively small I do have a long history in this area, ports. I drafted such language that I amount of money. But if we cannot, as going back to when I was in the House believe will be workable. I welcome Senators or Congressmen from a dis- in the 1970s, and when we passed some these new leaders of the Rules Com- trict or a State, whether it is Montana, gift reform in the 1980s. And here we mittee and recommend they review Minnesota or Mississippi, step up some- are again. I don’t back away from hav- closely the language I have drafted times where legislation has not done ing in the past supported some that addresses this issue and I believe the job, or where the bureaucracy has changes. And having done it last year will not create a tremendous problem not done its job, and fix the problem, and again this year, I think we should for the leadership. then we are not fulfilling our Constitu- move forward in this area. But I must HARRY REID is going to be standing tional obligations to the citizens of our say, I am delighted to yield the leader- here one day trying to wrap up a ses- ship role on this issue to the distin- states. Sometimes I know more about sion on a major bill and if we create guished Senator from California, Mrs. the need for a transportation project point of order authority on anything than some bureaucrat at the Depart- FEINSTEIN. She is now the incoming that is added in conference without chairman of the Committee on Rules ment of Transportation. I am not going some limits on it, he could be hit with managing this legislation in place of to give up what I consider a Constitu- a series of points of order, one after the tional right, and that is the right to CHRIS DODD of Connecticut who did other after the other. Then how do you such a good job last year, and my col- shape how federal money is spent. complete the conference report? The league from the great State of Utah, However, has earmarking gotten out leadership has to worry about that on of control? Yes. Has it been growing Senator BENNETT. These two people both sides of the aisle. will work together. They will do a like topsy over the years under Demo- I think we could do more on these credible job. They will aggressively crats and Republican? Yes. earmarks. My colleague from Mis- Some people say: You shouldn’t get support responsible changes in the eth- sissippi Senator COCHRAN has been an appropriation unless it has been au- ics rules and lobbying laws of this chairman of Appropriations, as well as country. However, I believe they will thorized. Do you know why we started the ranking member. I am going to have the courage to say to us some- getting appropriations for projects that make sure I work closely with him on times: Wait a minute, what does this weren’t authorized? Because we quit how we do this. But we need to do mean? What are we doing to ourselves, authorizing. The Senate got in a situa- more. the institution, and the job we do? tion in recent years—and it goes back I believe this legislation we have be- I have been in Congress 34 years. I to both Republicans and Democrats; we fore us is a good effort. Some people know when changes need to be made. I share the blame on this—where we quit say it is not good enough. Look, if we also know sometimes when we are getting bills done. How many bills lie start trying to satisfy certain media about to put a gun to our head and pull dormant at this desk because there is a people, certain ethics groups, there is the trigger. Let’s do this in a respon- hold by a fellow Republican or a Demo- no limit. We will all be living in robes sible, nonpartisan way that is good for crat against a fellow Democrat? If you in the Russell courtyard with no access the institution and good for America. wait until you get authorization, such to the outside. So we can’t do that. But But, please, let’s not turn it into feck- as a water resources bill, before you let’s do all we can. Let’s do some less positioning to make it look good get the appropriation, you may never things that will improve the way we do when, in fact, the result could be very get it. That forced a lot of what has business. I think this legislation does counterproductive. I hope we will not happened. this. It is bipartisan in introduction. I do that. I don’t question anybody’s mo- I am a firm believer in sunshine. Dis- understand a substitute will be offered tives. We all have perspectives we have close it. That is the best antiseptic. I later this afternoon that will maybe to think about. am not ashamed of what I do. If I am move the ball forward some more. I am Take, for instance, the issue of ear- going to be embarrassed if it is made not sure exactly what all that would marks. We all have views on that. In public, I won’t do it. Of course, there is be, but what I have looked at, I don’t some areas it is called pork. I have said one danger. The more we publicize see major problems there. I do think many times that earmarks are pork what we are doing, there may be more how you deal with the defining ear- when they are north of Memphis, TN. and more pressure on us to do more. marks and how you disclose sponsor- I am from one of the poorest States Somebody is going to have to explain ship is important but more delicate in the Nation. I am not going to give on the Appropriations Committee why than some may think.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S255 With regard to gifts, we ought to get bill, you can’t have that, no. At the ranking member. I think they can do a over that. We should not be having same time, we shouldn’t prohibit good job, and I think we can do some- gifts from lobbyists. We shouldn’t be former Members on the day we are thing good for the institution, and we having meals paid for by lobbyists. sworn in, as we had this past week, will restore a modicum of faith in us Some of you have heard me say this, from coming on to the floor and par- from the American people. anyway. If I never have to have an- ticipating in that celebratory cere- Mr. NELSON of Florida. Will the other meal at night with, frankly, any- mony. Again, let’s use some common Senator yield for an observation? body, the happier I will be. But I am so sense. Don’t prohibit them en bloc. Mr. LOTT. I think my time has ex- offended that somebody says for the Allow former Members to come on cer- pired. Who has the floor, Mr. Presi- price of a meal, I can be had by a lob- tain occasions, but don’t allow them to dent? byist or anybody else. People wouldn’t come when we are legislating, cer- The PRESIDING OFFICER. The Sen- elect me Senator from Mississippi if tainly, if they are lobbying. ator from Mississippi. they thought I could be had for a meal. Another issue deals with job negotia- Mr. LOTT. I am glad to yield to the Plus the meals you have up here are tions by sitting Senators. Again, we Senator from Florida. not any good, anyway. You can’t get ought to have disclosure. If you are ne- Mr. NELSON of Florida. I wish to say blackeyed peas up here. You can’t get gotiating for private employment, you this to my colleague in response to his really good, properly prepared catfish should disclose that. That’s what this excellent comments about the tend- up here. It is outrageous. So my point bill does. ency of some folks to pontificate is, I am insulted by the accusation. Get In conclusion, I think we have a good around here. It called to mind for this rid of the gifts and meals and get that base bill. It sounds as though the sub- Senator the old adage that ‘‘I would perception off the table. You are not stitute may be OK. I am sure there are rather see a sermon than hear one any giving up much, anyway. I would rath- going to be some amendments that we day.’’ That might be a lesson for all of er go home and have dinner with my should think about very carefully. us in public office to remember. wife. That is what more of us ought to Let’s be careful about pompous pontifi- Mr. LOTT. Mr. President, it is a very do. cating or questioning other people’s good adage. By the way, I hope under the present motives. Let’s be careful that when we I yield the floor. leadership we will have a little more do something, we can actually enforce The PRESIDING OFFICER. The Sen- time at night with our families. I have it. Let’s think it through. I think we ator from Florida is recognized for 15 this unique idea about my job. I think can do that. I think the way it has been minutes. you should work during the day, and I brought up is fine. Mr. NELSON of Florida. Mr. Presi- think you should go home at night. I I am very concerned about the idea of dent, I am not going to take that hope we will not be nocturnal. I am an outside office of public integrity and amount of time. I do want to go back glad to see Senator REID saying he is how that could be used unfairly in a to the basic underlying problem that going to hold the votes to 20 minutes. political season. Some people say: finally is bringing us to the point that I am glad we are going to be working Well, don’t worry about that. Well, you we are going to get a bill passed here on Mondays and Fridays. When I had a have to. Because we could do it to each and one in the House of Representa- little bit to say about that, we did other. You would hope that we tives, and we are going to get a com- that. We voted on Mondays and Fri- wouldn’t; I wouldn’t do it to the Sen- promise hammered out in a conference days. I would rather work during the ator from Florida and he wouldn’t do it committee and get a product which we day and do the responsible thing and go to me. But it has been done. Going way will send to the President for his signa- home and be with my family at night. back to my years in the House, I was ture. With regard to third-party-funded on the franking commission. We had a It basically has boiled down to the travel, again, I think we need to have process to file complaints with the fact that we have had vote buying and a lot more disclosure. I think you franking commission if a Member of earmark buying. That is inimical to ought to have detailed trip identifica- the House misused the frank. It was in- the interests of this country and the tion or itinerary, and a listing of who teresting, right before the election, way that we operate in a system of jus- was on the trip. I do think we need to how many extra complaints about tice. It is inimical to the interest of a be careful. Are we going to totally abuse of the frank showed up before democracy, in representing the people, ground ourselves around here? There that commission. It became a political and when the people see this, they say: are constitutional questions we have to issue that was used to beat up a Mem- Enough; we want a change. We tried to consider. We do have to get places ber who quite often wasn’t even guilty do this in the last Congress. There was within our own States. I do think we of anything wrong. But the damage a bill passed here and there was a bill should be aware that if you represent was done. It was in the media. passed on the other side of the Capitol, Maryland—maybe Senator BENNETT Mr. President, we can and should but for all the various personal reasons made this point—if you represent a pass a reform bill. I said that last year. and special interests, we could not get State that is relatively small, you can It is the right thing to do. But I hope anything moving and get a final agree- get where you need to be in an hour in that we will use common sense. Let’s ment. a car. But if you represent Alaska or not turn ourselves into something Now, what does this come out of? It California, you can’t get there. Even where we can’t even do the job. Let’s comes out of a basic human failing my State, when I go from the Mis- not inadvertently make criminals out called pride. Pride, by the way, in the sissippi gulf coast devastated by the of ourselves and our staffs. I am not Good Book, is mentioned as one of the hurricane to north Mississippi to that saying there haven’t been problems and greatest sins. Pride can be described in great center of learning at Oxford, the that there won’t be in the future. We many other ways. It can be arrogance, University of Mississippi, it is 346 are all human beings, and we are capa- obstinance or it can be an ‘‘it is my miles. That is not even the end of the ble of making mistakes. But we can do way or the highway’’ attitude. It can State. You can’t get everywhere you a better job. I think it is time we do be quite destructive. As this observer need to be with just automobile trans- that. of the National Aeronautics and Space portation. Should you have to report I want to make it clear that as far as Administration would clearly note, it it? Should there be a limit on how you I am concerned, this is going to be a bi- was arrogance in the NASA manage- do that? Absolutely. But let’s be care- partisan effort. ment that brought down two space ful about making it impossible for us This is not partisan. The mistakes shuttles—one in 1986 because the NASA to do our jobs here as men and women made over the years that I have seen management wasn’t listening to what of the Senate. since I have been in Washington have the engineers on the line were saying. With regard to some of the other been made on both sides of the aisle. The communication—in other words, rules included in this bill, floor privi- We can do a better job of putting due to arrogance and pride—was going leges for former Members where the things into place where we are less one way, from the top to the bottom, possibility, perception may be that a likely to make a mistake. I wish the not from the bottom up. That caused former Member is here lobbying on a very best to the Chairlady and the the destruction in January of 1986 of

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S256 CONGRESSIONAL RECORD — SENATE January 9, 2007 the space shuttle Challenger. And 18 shine law. State Senator J. Emory as well as his speaking about the 1996 years later, the very same thing hap- Cross, from Gainesville, FL, a place in welfare-to-work reform. That was an- pened again to NASA. The space shut- celebration right now as a result of the other good example of how we can get tle Columbia was destroyed for a dif- national championship—Senator Cross, things done. ferent technical reason than 18 years who was an old country lawyer and a I hope this Congress, in fact, gets to previously, but the same reason oc- State senator, said there has to be a be known as the Congress that did, in curred, which was the arrogance of different way. That was in the 1960s. fact, produce results for the American power and pride that had set in. The They passed Florida’s sunshine law people and that we can work together same thing happened. Communication which said that a government body to bring about those results. was from the top down, but they meeting to discuss public business had Today, as we begin the consideration weren’t listening to the engineers on to be in the public. All of that doesn’t of S. 1, it is one of those efforts in the line who were telling them that occur here all of the time—a lot of it which we together are attempting to that thermal protection foam on the by necessity because of national secu- show results to the American people to external tank was shedding in the rity, and so forth. But the most we can restore the confidence of the American launch of each of those space shuttles. do is get things out into the open, in people in the institutions that belong So we say that same thing—pride, ar- the full glare of the spotlight, so that to them. rogance, the abuse of power. Remember people can evaluate that what we are It is no coincidence that this is the the British politician who said, ‘‘Power and what we are not doing is to first bill to come before this new Sen- corrupts and absolute power corrupts strengthen this democracy. That is ate. This bill lays a foundation for ev- absolutely.’’ Indeed, that is what we what we have to do. erything that we hope to do in the see. It is not applicable to one side of I think this legislation is a step in months and years ahead. It does so by the aisle or the other. This has hap- the right direction. It is going to try to addressing three fundamental needs. pened throughout the history of this get at these lobbyist-financed meals, First, it addresses the need to restore great democracy, over two centuries. gifts, and travel. It is clearly going to the people’s faith in their Government. So what happens is that, ultimately, require more transparency. Our demo- Indeed, in the wake of the Jack the people will say: Enough, and we cratic Government is viewed as a Abramoff scandal, the conviction of want change. Then we will try to re- model in countries throughout the former Congressman Duke spond to the change. We remember the world. I just spent 2 weeks in the Mid- Cunningham, and the various other al- reaction that occurred in this country dle East and Central Asia. They do legations and investigations that have in 1974 in the election as a result of the business a lot differently. Payoffs, and created this problem in Washington, arrogance of power that had been in so forth, are a standard practice in a DC, it is clear that the American peo- the White House that we know as the lot of those parts of the world. We do it ple have lost faith in their Govern- Watergate scandal. And then we know differently here. Perhaps that is an- ment. about in the decade of the 1980s, where other reason why this constitutional In case we didn’t know it beforehand, the Democrats had been in power for democracy has survived and, indeed, that message was sent loudly and decades, and then there was one thing thrived for well over two centuries. clearly by the voters in the November after another that was happening. In The Founding Fathers established a elections. With this bill, we have the the election of 1994, people were tired government that was designed to put a opportunity to restore that lost faith of the arrogance that was being dis- check on power and represent the in- without which we cannot effectively played. Now we are on a shorter cycle— terests of all Americans, regardless of conduct the business of the people of here, in a 12-year period, from 1994 to their station in life. America. 2006, and people were saying: I don’t So as we grapple with this issue of Second, this bill also addresses the like this vote buying, this earmark trying to put an influence on those who need to bring greater transparency to buying, where somebody gets a special articulate a special interest, a nar- the Government of America. As Justice appropriation because they happen to rowly defined interest, instead of an in- Brandeis said a long time ago: be getting special gifts of lodging and terest for what is referred to as the trips and gifts and antiques and meals, common wheel, the common good, then Sunshine is said to be the best of disinfect- ants. and so forth and so on. And, of course, that is very much vital to restoring the that is the celebrated case of MGM and balance of power in the functioning of These words have particular reso- Mitchell Wade and all of that fallout, our Government. nance with the American people as we and you hear the revelations coming I yield the floor. look to end today the practice of hold- out of another lobbyist, Jack The PRESIDING OFFICER. The Sen- ing one-party conference committees; Abramoff, and the resignation of an- ator from Colorado is recognized for 15 of placing strange and anonymous other major figure in the House of Rep- minutes. holds, not knowing where they come resentatives. It all goes back to this ar- Mr. SALAZAR. Mr. President, first, from, on legislation and nominations rogance of power. let me praise our great majority leader just because someone wants to prevent Since we all have ‘‘feet of clay,’’ and Senator MCCONNELL, the minority progress from taking place; and slip- what is the best way we can try to leader, for bringing us together for a ping provisions into conference reports avoid that temptation of arrogance of good start to the 110th Congress. The that were not passed by either Cham- power? The temptation is going to be idea of a joint caucus, both parties ber, some of these provisions being there. First of all, it has to be right coming together to send a signal that slipped into the conference reports in there in your heart. Check your own we were going to work together in the the dead of night. With this bill, we self as a public servant. But the next 110th Congress as we begin, was a very look to replace these secretive prac- thing we can do is something that we good step. I believe Senator REID said tices with a more open and transparent are attempting to do in this legisla- we are now entering a season of hope Congress for the American people. tion. You get everything out into the and that we can move forward with Third, we also need to take on the in- open, so that you know that there is al- hope for positive results in the 110th fluence of special interests and to curb ways the fourth estate, the press, look- Congress. Senator MCCONNELL talked those influences of special interests on ing over your shoulder. That makes it about how a government, even though the Government of America. easier for them to find out what the it may be divided by the two parties When the American people see a re- facts are. Thus, the earmarks have to and the executive branch, can be the volving door between Congress and the be completely transparent if, indeed, kind of government that can bring K Street lobbying firms, when they see there are going to be any earmarks, about good results for the people of Members of Congress and staff treated which is another question we will ad- America. That was a very good state- to gifts and travel paid by lobbyists, dress on down the line. ment as well. Citing what happened in when they see legislation changed at Get it out into the sunshine. We have the 1981 Reagan Social Security revi- the behest of a special interest, they a tradition of that in Florida from way sion, that was an example of how a di- understandably roll their eyes. With back in the 1960s, enacting the sun- vided Government could get a result, this bill, we look to curb the influence

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S257 of special interests in favor of the peo- Committee on Governmental Affairs is the essential governmental purpose ple’s interest because all of us were and Homeland Security and other com- that is being addressed by that par- elected to represent the people first. mittees that will look at this issue, ticular earmark. This bill is not a perfect bill, and we will also help us bring about that kind It is essential for us to be able to tell will work this week to refine and im- of cultivation with respect to how we the American public what it is we are prove the bill. For example, I would look at integrity in Government. doing with taxpayers’ dollars. I fully like to see the denial of Federal pen- It isn’t enough for us to clean out support the earmark proposals that are sions to Members of Congress who are only a part of the barn in Washington, put forth in this legislation. convicted of certain crimes. I am proud DC. I am a rancher and a farmer in As a member of the Senate Ethics to support an amendment with Senator terms of my upbringing. When you go Committee, I am also pleased to join JOHN KERRY which would do just that in, you clean out the whole barn. Our with my colleagues in supporting the in this legislation. The likes of former effort is to clean up Washington, DC, aspects of the bill that would do the Congressman Duke Cunningham and and, if it is a committed effort on the following: the bribery that occurred in that par- part of both Democrats and Repub- First, it would require the Ethics ticular case should be the grounds for licans, we need to make sure we are Committee of the Senate to report on the denial of pensions to Federal Con- cleaning out the whole barn. an annual basis with detailed statistics gressmen and Congresswomen. Finally, it is important to make sure on the number of alleged violations and I would also like to see greater trans- that we all recognize this bill is mov- the status of complaints that are pend- parency in the committee process, and ing us forward in the right direction in ing before the Ethics Committee of the I will offer an amendment on that issue a number of ways. It bans all gifts, and Senate. later this week. it bans meals and travel paid for by Second, it would require the Ethics I also believe it is important to note lobbyists. That is a ban that did not Committee that it conduct mandatory that this bill touches on ethics in the exist before this context. It is an im- ethics training not only for Senators executive branch. We know there has portant step in the right direction. but also for all of our staffs who are af- been so much focus in the public debate Second, it requires public disclosure fected by the decisions and the activi- on how this deals only with the legisla- within 3 days of any hold placed on a ties of our office on an ongoing basis. tive branch of Government, but, in nomination or on legislation. During And, third, that we as a Senate move fact, this legislation will also end up the 109th Congress, Democrats and Re- forward in the creation of an inde- creating a new program of Government publicans who were part of legislation independence and integrity in the exec- pendent commission to make rec- we were trying to get through could ommendations on the effectiveness of utive branch. not find out who was putting holds on It will do so by extending the revolv- congressional ethics rules and lobbying legislation. That is not the way to do ing door for very senior executive disclosure laws. business. If a Senator has a problem branch employees from 1 to 2 years and It is important to note that these with a bill, if they want to put a hold by expressing the sense of the Senate changes are necessary, not because on a bill, they ought to tell their col- that any applicable restrictions on con- there is something inherently wrong or leagues what it is they have a problem gressional branch employees should dishonorable about the process of peti- also apply to the executive and judicial with, what is the substantive issue that tioning the Government. They are im- branches of Government. causes that Senator a concern that re- portant and they are necessary because We need to make sure that every quires him or her to put a hold on a the American people have lost faith in branch of Government has strong eth- bill. their Government and because our ics rules. I look forward to working This is a very important procedural Government should be doing more to with my colleagues to accomplish that positive step forward for this institu- have a Government that is transparent goal in the coming months. It is my tion, and I look forward to strongly and a Government that is responsive to hope that the relevant committees ad- supporting that part of the bill. the business of the people. dress these issues in the near future. Third is closing the revolving door I commend the leadership, Senator Let me make a comment about this between Congress and K Street by ex- REID and Senator MCCONNELL, mem- issue. tending the cooling off period of Mem- bers of the Rules Committee, my col- The fact is, the House of Representa- bers of Congress and stiffening the leagues and friends from California and tives is dealing with ethics as their rules regarding lobbying activity by Utah who are the managers of this bill, first issue, and the Senate is dealing senior staff members. It is an impor- and members of the Governmental Af- with ethics as our first issue. We are tant rule that allows us to close that fairs and Homeland Security Com- taking a very important step in the revolving door which has been a part of mittee for their work. This is very im- right direction, but at the end of the Washington, DC, for far too long. portant legislation that is taking an day, it is the loss of confidence of the Fourth, this legislation requires that important first step in restoring the people of America in their Government conference reports be made available faith of the American people in the in- in Washington as a whole that we need to the public at least 48 hours before tegrity of their Government. to take a look at, and the issues we their consideration by the Senate. I thank the Chair, and I yield the deal with here are only focused largely That way not only be the public of the floor. I suggest the absence of a on the legislative branch of Govern- United States of America but also the quorum. ment, but there are also a whole host Members of this body will have an op- The PRESIDING OFFICER. Will the of issues in the executive branch of portunity to study what is in the legis- Senator withhold the quorum call? Government that should require us to lation and will be able to react so we Mrs. FEINSTEIN. Yes, if the Senator take a hard look at what it is that all do not enact legislation that is passed will withhold the requst for a quorum of our Government officials are doing. in the dead of night without people call, Mr. President, I note that it is al- At the end of the day, our goal should knowing on what they are voting. most 12:30 p.m. I ask that the Senate be to try to make sure the integrity of Fifth, the bill requires a list of ear- recess until 2:15 p.m. Government extends to all aspects of marks in a bill, the identity of the Sen- the Government and that the con- ators who propose them, and also iden- f fidence of the people we all represent tity of their essential Government pur- extends to a confidence in all of our pose. RECESS Government. The only way we can do For the last year, we have talked The PRESIDING OFFICER. Under that is to make sure we have the high- about earmark reform and the impor- previous order, the hour of 12:30 p.m. est ethical standards that apply to the tance of moving forward with changes having arrived, the Senate stands in re- Congress as well as to the White House in the earmark process, which has been cess until the hour of 2:15 p.m. and to the executive branch of Govern- a part of this body probably since its Thereupon, the Senate, at 12:27 p.m., ment. inception, but making sure we know recessed until 2:15 p.m. and reassem- It is my sincere hope that the com- where those earmarks are coming bled when called to order by the Pre- mittees of jurisdiction, including the from, who is proposing them, and what siding Officer (Mrs. MCCASKILL).

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S258 CONGRESSIONAL RECORD — SENATE January 9, 2007 LEGISLATIVE TRANSPARENCY American people that the decisions we reason for earmarks and allow them to AND ACCOUNTABILITY ACT OF make are decisions of integrity, in be fairly evaluated. 2007—Continued which their interests are put first. I go through a very rigorous process The PRESIDING OFFICER. Under It is important to remember that the when I decide to press for earmarks. I the previous order, there will be 30 conduct of most Members of Congress make sure there is community support, minutes of debate with the Senator and their staffs is beyond reproach. I I review them in depth, and I am going from Connecticut, Mr. LIEBERMAN, and believe the vast majority of people to be very comfortable having my the Senator from Maine, Ms. COLLINS, serving in the House and the Senate name attached to earmarks that I pro- to be recognized for 15 minutes each. are here for the right reason. They are pose. In fact, I hope then that will help The Senator from Utah is recognized. here because they care deeply about my constituents know I am working Mr. BENNETT. Madam President, I their country and they want to con- very hard for a project with which I suggest the absence of a quorum. tribute to the formulation of public agree. The PRESIDING OFFICER. The policy they believe will improve the It is not the process of earmarks per clerk will call the roll. lives of the American people. se that is a problem. The problem is The assistant legislative clerk pro- The same can be said for the conduct when earmarks are sneaked into the ceeded to call the roll. of most lobbyists. In fact, lobbying— final version of legislation without Ms. COLLINS. Madam President, I whether done on behalf of the business public debate, without a vote, without ask unanimous consent the order for community, an environmental organi- any consideration, and no one is sure the quorum call be rescinded. zation, a children’s advocacy group, or where the earmark came from, who The PRESIDING OFFICER. Without any other cause—can often provide sponsored it or, in some cases, even objection, it is so ordered. Members of Congress with useful infor- who the beneficiary is going to be. Ms. COLLINS. Madam President, I mation and analysis. That information That is the problem. That is what this know the order provides for Senator and analysis aids but does not dictate bill would cure. LIEBERMAN to go first, followed by my- the decisionmaking process. The enhanced disclosure in this legis- self. Since Senator LIEBERMAN has not Unfortunately, today the word ‘‘lob- lation not only applies to the activities yet arrived on the floor, I ask unani- bying’’ too often conjures up images of of lobbyists but to our own activities mous consent that I be permitted to expensive paid vacations masquerading as well. I am pleased this legislation begin. When Senator LIEBERMAN ar- as fact-finding trips, special access the takes steps to eliminate the practice of rives on the floor, I will yield to him average citizen can never have, and anonymous holds on Senate legisla- and then reclaim my time. undue influence that leads to tainted tion. This occurs when a Member noti- The PRESIDING OFFICER. Without decisions. We cannot underestimate fies the cloakroom that he or she wish- objection, it is so ordered. the corrosive effect this perception has es to block a piece of legislation from Ms. COLLINS. Madam President, on the public’s confidence in the legis- coming to the floor and yet does so today the Senate once again considers lative process. anonymously. I can tell you as some- significant legislation to reform eth- One of the most important functions one who has had to deal with anony- ical practices and lobbying practices. of the bill before us is to increase mous holds time and again, it is very Any sense of deja vu among my col- transparency, make it evident what is frustrating when you can’t find out leagues is understandable, for the bill going on, how our decisions are made. who is holding up your legislation, why before us, S. 1, is identical to the bill As Justice Oliver Wendell Holmes once they are holding it up, and you cannot passed by the Senate by a vote of 90 to noted, ‘‘Sunlight is the best disinfect- begin to resolve whatever the problems 8 in March of last year. That bill was ant.’’ That, indeed, is the premise of are. The hallmark of this body should the bipartisan product of the Senate this bill. It calls for greatly increased be free and open debate. A process that Committee on Homeland Security and disclosure. It provides, for example, for allows a secret hold to kill a bill with- Governmental Affairs and the Senate a searchable, accessible public data- out a word of debate on the Senate Committee on Rules and Administra- base where information on lobbying floor is contrary to that principle. tion. Because it never became law and contacts and filings will be maintained The bill also includes some impor- because the issues that it addressed and disclosed. It requires far more de- tant provisions to slow the so-called re- have only grown more troubling, the tailed disclosure of lobbyist activities volving door problem, where Members bill stands before us reincarnated but in more frequent filings under the Lob- of Congress and high-ranking staff still very much needed. bying Disclosure Act, and it ensures leave their jobs in the Senate or the The recent elections took place in that this information is made readily House one day and then turn around the shadow of far too many revelations available to the public via the Internet. and lobby the institution they once of questionable or even downright ille- The knowledge that the public will be served. Once again, the limitations in gal conduct by Members of Congress. In able to scrutinize in detail the activi- this bill get to the heart of the image reaction to those scandals, the Amer- ties of a lobbying firm and contacts be- problem here and help to ensure the in- ican people sent a clear message to tween Members and lobbyists will help tegrity of our decisions. Congress that they had lost confidence to provide much needed transparency Many of our former colleagues have in their Government. You may ask, in this whole area. In addition, the en- become lobbyists. There is nothing Why does it matter? Why does it mat- hanced disclosures will allow citizens wrong with that. But there should be a ter if the American people have con- to decide for themselves what is ac- cooling-off period before they come fidence in their Government officials? ceptable and what is not. back. It matters because without the trust of This bill also contains some needed I notice my colleague from Con- the American people, we cannot tackle reforms of earmarks. Too many times necticut has now arrived on the floor. the major issues facing this country. an earmark—the designation of tax- Through the Chair, I ask my colleague As long as our constituents are con- payer dollars for a specific purpose— if he wants me to finish my statement vinced that the decisions we are mak- has been included in the final version or if he wants to do his now, since he ing are tainted by special influences or of an appropriations bill, or another was first in the queue? undue influence, then we simply can- bill, despite the fact that it was never Mr. LIEBERMAN. Madam President, not accomplish the work of this Na- discussed or debated in either the Sen- to my friend from Maine, it is an ex- tion. ate or the House. By requiring that any pression of the partnership we have had I think it is appropriate that the first earmarks in legislation disclose the over the years on the committee that bill that is brought before this Cham- name of the Member of Congress who the hearing in our committee went ber to be debated and considered is one proposed the earmark and also requir- until 2 o’clock so Senator COLLINS was that would reform the lobbying and ing an explanation of the essential gov- able to get here before I was. If she will ethics rules to increase disclosure and ernmental purpose of the earmark, and please finish her statement and I will to ban practices that might be called by making this information available go after her. into question or create an appearance on the Internet, this legislation will Ms. COLLINS. I thank my colleague of wrongdoing. We need to assure the shed sunlight on the source of and the from Connecticut.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S259 I am also very pleased to join Sen- We need to act without delay to help responding to some of the problems, ators REID, MCCONNELL, FEINSTEIN, restore their faith in how we do busi- taking advantage of some of these op- LIEBERMAN, and BENNETT in cospon- ness. portunities that will restore the rela- soring a bipartisan substitute amend- The PRESIDING OFFICER. The Sen- tionship between the people of the ment that will be laid down this after- ator from Connecticut is recognized for United States and those who serve noon. This substitute amendment will 15 minutes. them in the Congress. further strengthen the legislation we Mr. LIEBERMAN. Madam President, And so much of law—we legislate the have before us. I thank all of my col- I thank my colleague and friend from law—as someone taught me years ago, leagues for working together to Maine, Senator COLLINS, for her excel- is the way we express our values, the achieve this goal. lent statement and for her work as she way we express our aspirations for our- Nevertheless, I make clear, while I led the committee, which produced a selves as a society, the rights and strongly support the legislation before significant part of the bill before the wrongs, what we hope we will be, is ap- the Senate as well as the substitute, Senate. I will speak about it and put it parent in the system by which we legis- the legislation could be further in a larger context. late ourselves and those who lobby us. strengthened in a very important way. We all know that the trust that peo- But the reality is that the best system Last year, Senators LIEBERMAN, ple have in Congress is at a low point. for doing that is our own ethical MCCAIN and I proposed an Office of I don’t know that it is a historic low norms, which most of us, of course, Public Integrity. That concept is also point, but it is a lot lower than anyone have; that, ultimately, we have to self- included in another bill that was spon- wants it to be, both for the national in- police ourselves by not trifling with sored this year by Senators MCCAIN, terest and out of a sense of pride we and demeaning the extraordinary op- LIEBERMAN, FEINGOLD, and myself. I have in the service we attempt to give. portunity to serve that our constitu- anticipate Senator LIEBERMAN, Senator The reasons for the low level of pub- ents have given us. MCCAIN, Senator FEINGOLD, and I will lic trust and confidence in Members of Now we come to S. 1. I truly com- be offering this proposal during the Congress and, more to the point, in mend our new majority leader, Senator course of this debate. Congress as an institution are more REID, for introducing an ethics and lob- I will debate that issue later at the than one. One of the significant rea- bying reform bill as S. 1 and scheduling appropriate time, but right now let me sons for the low level of confidence in it as the very first legislative item of say any true comprehensive reform of Congress is the partisanship that has business for the Senate in this 110th our lobbying and ethics rules should in- divided this institution and, too often, Congress. I will give a little back- clude an independent investigatory made it impossible to do anything for ground to how we got here, particu- body. The American people view the the people who sent us here, who gave larly legislatively how we got here. way we investigate ethics violations as us the privilege of coming here to serve In January of last year, I was privi- an inherently conflicted process. Think them. Partisanship is one part of the leged to join Senator MCCAIN in co- about it—and I know the Presiding Of- lack of esteem and trust the public has sponsoring a sweeping lobbying reform ficer has a law enforcement back- in us. bill that he crafted following his and ground—we are our own advisers, our A second part is the public’s doubt Senator DORGAN’s courageous inves- own investigators, our own prosecu- about the ethics of Members of Con- tigation into the scandal surrounding tors, our own judges, our own juries. gress and the process we have for judg- the lobbyist Jack Abramoff. Senator We play every role. ing our ethics. Scandal after scandal FEINGOLD and Senator REID also intro- As good a job as a Member of the unfolded last year. The public was left duced comprehensive bills that added Ethics Committee in the Senate has with the impression that the self-inter- many constructive, progressive ideas done in overseeing the conduct of est of lawmakers and lobbyists too to the debate. Members and their staff, it remains dif- often triumphed over the national good Senator COLLINS seized the moment ficult, if not impossible, to guarantee and the national interests. That is not as Chairman of the Homeland Security the system works in a way that gives true, but that was certainly the im- and Governmental Affairs Committee, the public confidence that there is an pression made by some of the awful ex- and by early March of last year, our impartial, thorough review of allega- posures and scandals that were uncov- committee reported, with near unani- tions against Members of Congress ered and by the prosecution of Mem- mous bipartisan support, the most sig- when we are fulfilling every role in the bers and lobbyists. nificant piece of lobbying reform legis- process. Unless we take action to restore the lation to come before Congress in over Now, I respect and understand the public’s trust in us—that central con- a decade. In the Rules Committee, Sen- constitutional requirement that Mem- fidence between those who are privi- ators LOTT and DODD worked together bers of Congress sit in judgment of one leged to govern and those who, if you to mark up a tough set of reforms to another and our proposal does not will, are governed—we will not be able the Senate ethics rules. Senators FEIN- change. The Office of Public Integrity to do the things we need to do to take STEIN and BENNETT, as the incoming would bring the results of its investiga- on and to respond, in a constructive and ranking members of that com- tion to the Ethics Committee, which way, to the challenges we have before mittee, have picked up the baton of re- would then decide whether to proceed the Senate, including a new strategy form where their predecessors left off. further, whether there is an actual vio- for Iraq, a momentous decision that As a result of a truly bipartisan ef- lation, and what kind of remedy, if will affect our national security to be fort last year, the Senate combined any, is necessary. That is an important kicked off, if you will, redirected, by provisions reported out of the two com- provision. I look forward to working the statement that the President will mittees—Homeland Security and with the Senator from Connecticut, the make to the Nation tomorrow night; Rules—and passed the legislation over- Senator from Wisconsin, and the Sen- fighting the war on terrorism, reducing whelmingly by a vote of 90 to 8. Unfor- ator from Arizona in that area. the deficit, doing something to fix our tunately, the House did not pursue the We need also to make sure we stop health care system, which is broken; same course. It passed a weak bill on a having trips that are paid vacations. improving our public system of edu- mostly partisan vote and the House However, we don’t want to interfere cation which, for still does not offer an and Senate never moved to conference. with true fact-finding trips. Those are equal opportunity to too many of our Now, we begin the new year with a generally useful to our work. We are children; taking stress off the middle fresh chance to finish old business and close to working out the right balance class which is the heart and soul of our clean up our House and Senate for to- in that area. country. All of those things will not morrow. Last year’s Senate-passed bill I look forward to passing effective happen in a good way unless we can re- is the text of S. 1 before the Senate legislation that will help to restore the build the public’s trust in us. now, a set of reforms that would bring public’s confidence in the Senate. By It involves less partisanship, a better greater honesty and transparency to scheduling this bill first on our agenda self-policing of ethics—and I will come the way we do business in Washington. we have recognized the importance of to that in a minute—but also doing This year, we should go beyond last these issues to the American people. some of the things I have talked about, year’s proposals, as Senator COLLINS

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S260 CONGRESSIONAL RECORD — SENATE January 9, 2007 said, and enact even stronger reforms Our former colleague, the late and larly, caught up in scandal. In order to because the demand and need is great- really great Lloyd Bentsen, a Senator win the public’s confidence, and, frank- er. Our legislation should go further to from Texas, once described this kind of ly, to do what is right to demonstrate include an independent Office of Public grassroots lobbying as ‘‘Astroturf lob- our seriousness in this effort, I believe Integrity. bying.’’ Why? Because it generates it is time, this year, to create an inde- What we start with today in S. 1 is a manufactured, artificial rather than pendent, investigative, and enforce- very strong statement that the 110th real, self-grown, grassroots pressures ment Office of Public Integrity. That Congress will put the public interest on Congress. would in no way usurp the ultimate au- over special interest. As it stands now, the Lobbying Dis- thority of the Senate Ethics Com- I will spend a few moments describ- closure Act requires disclosure only by mittee, under rules consistent with the ing the provisions of S. 1 that were re- lobbyists directly in contact with Constitution to be the final arbiter of ported out of our Homeland Security Members. S. 1 would require disclosure questions about the ethics of Members and Governmental Affairs Committee of the identity of organizers of media of the Senate. in March of last year, dealing pri- campaigns, mass mailings, phone Mr. President, in closing, I would say marily with the Lobbying Disclosure banks, and other large-scale efforts en- this: We have an opportunity to begin Act which comes before our committee couraging the public to contact Mem- anew—a fresh start at rebuilding the under the rules. bers of Congress about specific issues. bonds of trust that have been broken The Lobbying Disclosure Act was This is important because it would pro- between the Congress and the Amer- passed in 1995, more than a decade ago. vide the American people, Members of ican people because of the unethical Since then, the number of lobbyists has Congress, ourselves, and the media behavior of a few Members of this great skyrocketed. Last year, 6,554 lobbying with a better understanding of whose institution. firms or organizations, not individ- money is financing which efforts to in- S. 1 is the beginning, and a strong be- uals—firms or organizations—reg- fluence Congress. This bill calls for ginning, of what I believe will be an istered to lobby. That is almost double transparency, but puts no limits on ac- even stronger ending to accomplishing the 3,554 registrants in 1996, the first tivity. that critically important goal. full year of reporting under the Lob- We would also remove the cloak ob- I thank the Chair and yield the floor. bying Disclosure Act. The Office of scuring so-called stealth lobbying cam- The PRESIDING OFFICER. The ma- Public Records received a total of paigns which occur when a group of in- jority leader is recognized. 46,835 lobbying reports last year which dividuals, companies, unions, or asso- Mr. REID. Madam President, is S. 1 represents a tremendous amount of ac- ciations ban together to form a lob- now before the Senate? tivity. The amount of money spent bying coalition. These coalitions fre- The PRESIDING OFFICER. Yes. each year on lobbying has skyrocketed, quently have innocent-sounding names AMENDMENT NO. 3 as well. Here we make estimates that that give the impression they are pro- Mr. REID. Madam President, I send put the number well over $2 billion a moting positive mom-and-pop, apple an amendment to the desk in the form year for lobbying. pie goals. But, in fact, they lobby on a of a substitute. Now, to state the obvious, but the ob- range of issues that could never be The PRESIDING OFFICER. The vious often needs to be stated, lobbying identified by the name of the coalition. clerk will report. Congress is not an evil thing to do. S. 1 would also toughen the enforce- The assistant legislative clerk read Being a lobbyist is not a dishonorable ment provisions under the Lobbying as follows: profession. In fact, lobbying Congress Disclosure Act by doubling to $100,000 The Senator from Nevada [Mr. REID], for is a constitutionally protected right. the civil penalty that a lobbyist is sub- himself, Mr. MCCONNELL, Mrs. FEINSTEIN, The first amendment protects the right ject to for violations of the law’s re- Mr. BENNETT, Mr. LIEBERMAN, and Ms. COL- of all people to petition the Govern- quirements. And, for the first time, LINS, proposes an amendment numbered 3. ment for redress of grievances. There- this proposal would forbid a lobbyist Mr. REID. Madam President, I ask fore, we have to be respectful when we from providing gifts or travel to a unanimous consent that reading of the legislate in this area. But it is entirely Member of Congress in violation of amendment be dispensed with. consistent with the first amendment House or Senate rules. The PRESIDING OFFICER. Without right, and, of course, essential to our We would slow the revolving door be- objection, it is so ordered. Government to provide ethics and tween Congress and K Street by dou- (The amendment is printed in today’s transparency for lobbying practices. bling from 1 to 2 years the so-called RECORD under ‘‘Text of Amendments.’’) First and foremost, are the politi- cooling off period for former Members Mr. REID. Madam President, I am cians. In S. 1, we bring the Lobbying of Congress, during which time they very happy the Senate has now begun Disclosure Act into the age of the would face lobbying restrictions. debate on S. 1. It is a strong, bipartisan Internet by requiring electronic filing In total, the provisions of S. 1, I be- package of ethics reforms and will help and creating a public-searchable data- lieve, provide a strong foundation for reassure the American people that we base on the Internet, making the infor- reform. Can this bill be improved? Of answer to them. mation as accessible as a click of the course it can. And I believe it will in The matter now before the Senate, S. mouse to everyone interested. the amendment process that will come 1, without the substitute I have of- We bring greater transparency to the before this Chamber on S. 1. fered, would be the most significant relationship between lawmakers and The majority leader, I know, is work- changes in ethics and lobbying reform lobbyists by expanding the types of ac- ing to craft a comprehensive substitute since Watergate. So if we do nothing tivities lobbyists must disclose, includ- bill that will go even further toward else other than adopt the Reid-McCon- ing their campaign contributions, the tightening earmark disclosure and re- nell S. 1, we should feel very good fundraisers they host for Federal can- volving-door rules. I am confident that, about what we are able to accomplish didates, travel arranged for Members of through the amendment process, we in this body. Congress, payments to events to honor will emerge with a bill that is even I repeat, if we accomplish nothing Members of Congress, and contribu- stronger than the good bill we passed else, the legislation now before this tions to entities such as charities that last year. body will be the most significant, im- are established by, for or controlled by A final word. In my opinion, signifi- portant change in ethics and lobbying a Member. We would get more timely cant changes to our ethics rules must rules for about three decades. So with- disclosure from lobbyists by requiring be accompanied by significant changes out any question, S. 1 is a good start. them to submit filings on a quarterly, to the way we enforce those rules. The But we should even do better, and rather than a semiannual, basis. public is understandably skeptical that is what the substitute I sent to S. 1 would also close a major loophole about a system in which we inves- the desk on my behalf and that of Sen- in the Lobbying Disclosure Act by re- tigate, consider, and pass final judg- ator MCCONNELL will do. It will even do quiring lobbyists, for the first time, to ments on allegations of ethical respon- better for the American people. disclose paid efforts to generate grass- sibility. They have seen too many For those who are watching this de- roots lobbying. Members, in the last few years particu- bate in the Senate and are expecting

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S261 real, meaningful results, that is what after the conference had been closed. gress wants to direct taxpayer funds to is going to happen. I think the Amer- That is wrong. That will no longer be a specific need that they believe is im- ican people for sure are not interested possible. What we do with conference portant to their State or to this coun- in quick fixes or window dressing or a reports will have to be done in a public try, they will be required to attach few public relations moves. They want fashion. their name to that in the light of day. bold changes. They want us to fun- Also, you will note this legislation That is appropriate. damentally alter the way business is does things other than what has been Now, the substitute that Senator done in the Nation’s Capital and to en- done on a bipartisan basis with Reid MCCONNELL and I have offered to the sure that the people’s interests—not and McConnell. For example, one of Senate has more than that. But that is the special interests—come first in the the finest relationships we have in this a rough outline of what we have. Halls of Congress. body is between Democrat KENT CON- Madam President, I ask for the yeas So today Senator MCCONNELL and I RAD and Republican JUDD GREGG. They and nays on the substitute amendment. introduced S. 1. And now I have offered are both experts with the Govern- The PRESIDING OFFICER. Is there a on our behalf—Senators MCCONNELL ment’s money. They work together as sufficient second? and REID—a substitute amendment de- much as they can, in a bipartisan fash- There appears to be a sufficient sec- signed to make the Senate’s ethics leg- ion, and I think it is better than any ond. islation even stronger. two budget people have worked to- The yeas and nays were ordered. First of all, I want the RECORD spread gether since we have had a budget AMENDMENT NO. 4 TO AMENDMENT NO. 3 with my appreciation and the acknowl- process in the Senate. (Purpose: To strengthen the gift and travel edgment of the bipartisan effort of the The substitute includes a reform pro- bans.) Republican leader. I think it speaks posal by the chairman and ranking Mr. REID. Madam President, I send volumes that the two of us are here be- member of the Budget Committee, Sen- an amendment to the desk. The PRESIDING OFFICER. The fore this body asking our Members to ators CONRAD and GREGG, requiring clerk will report. support two very fine pieces of legisla- that conference reports be accom- The assistant legislative clerk read tion, S. 1 and now the substitute panied by a CBO score. We need to re- as follows: amendment. We are asking our Mem- store fiscal discipline and reduce the The Senator from Nevada [Mr. REID], for bers to join with us. large deficits that have developed over himself, Mr. DURBIN, and Mr. SALAZAR, pro- As I indicated earlier—and I repeat the past several years. poses an amendment numbered 4 to amend- for the third time—if we do nothing In the past we have had conference ment No. 3. other than pass S. 1, tremendous reports that have had matters included (The amendment is printed in today’s changes in the way we do business in with no ability for Senators to deter- RECORD under ‘‘Text of Amendments.’’) Washington will occur. But now, to add mine how much it was going to cost. Mr. REID. Madam President, my to that, is the bipartisan substitute Just put these in there and, we were presence on this floor relating to this which will make that even stronger. So told: Well, the CBO did not have time bill is about to come to an end. I would I cannot say enough publicly or pri- to do it. It is the end of the session. It hope that when I finish my brief state- vately in the way of extending my ap- is a big bill. They do not have the time ment Senators will come and partici- preciation to the Republican leader for to do it. pate in the debate dealing with S. 1, working with me. They are going to have to have the the substitute Senator MCCONNELL and And we worked together on this time to do it now or it will not be done. I offered, and this amendment, and issue. Our staffs have worked together That matter will not be in unless we then whatever other amendments. on this for weeks—weeks. And we did have a score from the Congressional I have indicated there will be an open not finalize what we were going to do Budget Office. process here, and I want Senators to until today as the Senate convened. There are a number of other things in feel comfortable that they have the op- The Republican leader suggested to me: this substitute. I will not mention portunity to offer amendments. I will Here are some things I think we should them all. But the substitute amend- say, I think we should move forward as do. Here are some things we should not ment will strengthen the provision in quickly as possible. I would very much do. What do you think? the underlying bill requiring disclosure like to finish this bill next week and I said: I will think about it. I have of earmarks. have every intention to do so. In fact, thought about it. He was right. I ac- The American public should be con- everyone should be aware of and alert- knowledged that he was right and cerned about earmarks. Now, I am not ed to the fact that we are going to fin- called him a short time later and indi- opposed to earmarks. They have been ish the bill next week, even if it goes cated that to be the case. in appropriations bills since we have past Friday at 12 o’clock. What are a few of the highlights of been a country. They have just gotten We need to finish this legislation. the Reid-McConnell substitute amend- way, way out of hand. Thousands of Next week is a short week because of ment? them. And it has not shined a good Dr. King’s holiday. So we need to work First, the substitute will place new light on our Congress. on this legislation. We do not have a prohibitions and disclosure require- In recent years, we have seen law- lot of time just to wait around and ments on lawmakers and senior staff makers—working on behalf of lobby- have a lot of quorum calls. when they seek private sector employ- ists—insert anonymous earmarks, cost- Last November, the American people ment. The underlying bill slowed the ing taxpayers millions and millions of called for bold changes in the way revolving door between top Govern- dollars, into legislation at the last Washington does business. In the Sen- ment jobs and lucrative private sector minute. In these instances, the ear- ate, we have made answering this call employment, but the substitute marking process has been subject to for change our first priority, S. 1. amendment will do even more to re- abuses that we must all work together Senator MCCONNELL and I have duce the undue influence that results to bring to an end. joined with S. 1, and Democrats and from the revolving door. I have been a Member of the Appro- Republicans together introduced a Second, the Reid-McConnell sub- priations Committee for two decades, sweeping package of ethics reforms as stitute will eliminate dead of night and there is not a single earmark I our first item of legislation. And today, changes to conference reports. Once a have ever put in a bill that I would be as I have indicated, Senator MCCON- conference report has been signed, it afraid to put my name on. And that is NELL and I have made the bill even will be completely impermissible to in effect what we are asking: if an ear- stronger. change it. mark has merit, a Senator should be I would like to go even further. That What is this all about? We have had willing to stand by it publicly. That is is what this one, final amendment I so many instances in recent years why, under this bill, if a Member of have offered does. My second-degree where the conference is closed, and Congress wants to direct taxpayer amendment contains three major pro- sure enough, we come to the Senate funds to a specific need—they have a visions. floor and the conference report in- right to do that, and I believe an obli- First, it strengthens the gift ban in cludes matters that were put in the bill gation to do that—if a Member of Con- the underlying bill. Whereas S. 1 bans

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S262 CONGRESSIONAL RECORD — SENATE January 9, 2007 gifts from lobbyists to Members of Con- maker should be willing to stand by it away or secret away an earmark in a gress and staff, this amendment would publicly. If a person wants to fly on an bill, I view it much differently. It is go one step further and ban gifts from airplane, it should be under the rules usually a race to the press release to companies and other organizations that apply to most everybody else in take credit for things we have included that even employ or retain lobbyists. the country. in the bill because I take great pride in Two, this amendment strengthens These are significant proposals of the effort we have made. This legisla- the travel ban in the underlying bill. change. They are for the good of the in- tion addresses the earmark process. It Whereas S. 1 bans travel paid for by stitution. I hope the vast majority of will add transparency and account- lobbyists, this amendment will go fur- the Senate will support the amendment ability to it and, in so doing, allow us ther and ban—with some commonsense offered by Senator MCCONNELL and this to return to the earmarks and appro- exceptions—travel paid for by compa- Senator and also the amendment I of- priations bills with pride, under- nies and other organizations that em- fered by myself. standing we have improved that proc- ploy or retain lobbyists. The PRESIDING OFFICER. The ma- ess overall. Finally, this Reid amendment will jority whip is recognized. The last point I would like to make include a very significant reform about Mr. DURBIN. Madam President, I is that those who would take bribes in which there has been much discussion commend my colleague, Senator REID, public life are clearly criminal. They in recent days. the majority leader. I was happy to have violated the law. They should be This amendment will require Mem- join in cosponsoring not only the Reid- prosecuted and convicted for that brib- bers of the Senate to pay the full char- McConnell substitute but also the Reid ery and corruption. We are attempting ter fare if they wish to travel on pri- amendment that has just been offered. now to limit the contacts between vate airplanes. If a Senator needs to fly What we are attempting to do is re- those who have an interest in legisla- on a private airplane for any purpose, store the confidence of the American tion and those of us who vote on legis- he or she should be required to pay the public in Congress. We have a lot of lation to make sure that relationship full cost of that trip, not a discounted work to do. The sad and troubling is more professional, less personal, and one. These reforms are not aimed at events of the last several years which that there is more disclosure on both any particular lawmakers. I have trav- have involved investigations, prosecu- sides in terms of that relationship. eled on private airplanes a lot over the tions, and convictions of so many on I would like to say for a moment that years. These reforms are not directed Capitol Hill and those who work near- it doesn’t get to the heart of the issue. to any particular lawmaker or any po- by are a grim reminder that there are The heart of the issue is not whether litical party. We have all done it over people who will try to exploit this sys- any Member of Congress is going to the years, with some exception. They tem. take money or a lavish gift or trip. are designed to remove even the ap- I echo the sentiments of the Senator That happens so rarely. But there is pearance of impropriety from this Con- from Maine, Ms. COLLINS, when she something built into our political sys- gress. said that the overwhelming majority of tem that really has to be debated, that What we in this body have to do is the Members of the House and Senate, goes to the real heart of this issue; not only do away with what is wrong both political parties, are honest, hard- that is, the way we finance our cam- but what appears to be wrong. And to working people. I have spent many paigns as elected officials. the American public, flying around on years working with my colleagues in Unless you are one of the fortunate these aircraft appears to be wrong. I the Senate as well as in the House. I do few—so wealthy that you can finance hope it hasn’t changed any votes. I am believe they understand that public your own campaign and never ask for a confident it has not. But we want to do service is not supposed to be an avenue contribution—most of us spend a good away with what even appears to be to wealth; it is supposed to be an op- part of our public lives asking for dona- wrong. portunity to serve. If you want to get tions. We go to every one we see, from I repeat, this particular reform is not rich, don’t run for office. That is the those of modest means who give us aimed at any particular lawmaker, any basic rule which all of us understand. small checks to the richest people in particular political party, any par- Those who fail to understand it unfor- America who write much larger ticular campaign committee. It is de- tunately tarnish the reputation of Con- checks. It is almost an imperative if signed to remove even the appearance gress and those others who serve hon- you are not wealthy, if you want to fi- of impropriety from Members of this orably. nance a campaign, to find millions of body and send a strong signal to the We are attempting through this ef- dollars to buy the television and radio American public that their elected rep- fort, which Senator FEINSTEIN and Sen- time to deliver your message in your resentatives are not unduly influenced ator BENNETT are leading on the floor, State. If we really want to get to the by meals, travel, and gifts that lobby- to make changes in the rules of the heart of restoring the confidence of the ists and large corporations are willing Senate and the procedures of the Sen- American people in our Government, to lavish. We all remember the scan- ate so we can start to restore the con- we have to go to the heart of the prob- dals making headlines across America fidence of the American people in this lem—the way we finance political cam- a year ago. The newspapers were filled institution. It is fitting and proper paigns. with the stories of lawmakers being that this is the first bill we consider. For many years on Capitol Hill, I re- flown around the world for rounds of This is the first thing we should do. Ev- sisted the notion of public financing of golf, corrupt lobbyists bilking their cli- erything else should follow after we campaigns. I had some pretty good ar- ents for millions of dollars, and of top have addressed this important ethical guments against it. Why do I want to congressional staff being wined and concern. see public moneys or taxpayer dollars dined and treated to sporting events by I wish to say a word about earmarks going to crazy candidates representing special interests trying to influence because there has been a lot said. Some outlandish causes who have no business their bosses. These stories have a cor- believe—even the President, in a recent in this political process? Well, those rosive effect on the great institution in Wall Street Journal article—that ear- arguments held up for a while, but over which we all serve. We must make sure marks are the root of the real problem time I came to understand that while I they are never repeated by reassuring on Capitol Hill. I don’t agree with the was arguing against that lunatic fringe the American people that legislation President. I think as long as earmarks in American politics, I was creating a can’t be traded and that their leaders in appropriations spending bills are trap for everyone else who was honest can’t be bought. fully transparent, clearly for a public and trying to raise enough money to I look forward to a spirited debate on purpose, they are a good thing. wage an effective campaign. these amendments and eventual pas- I have been involved in the Appro- The time has come for real change. sage of this bill. Together we must do priations Committees in both the In this last election cycle, which the all we can to restore the faith of the House and Senate, trying to bring back Presiding Officer knows full well, more American people in their Government. a fair share of funds to my home State money was spent in that off-year elec- We need to answer the people’s call for of Illinois through the earmark proc- tion than in the previous Presidential change. If an earmark has merit, a law- ess. Where some may try to squirrel election year. The amount of money

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S263 going into our political process is The assistant legislative clerk pro- this package. But in two important re- growing geometrically. It means that ceeded to call the roll. spects, I think we still need to go fur- more and more special interest groups Mr. OBAMA. Madam President, I ask ther. and individuals with an agenda are unanimous consent that the order for First, we need to go further with re- pouring dollars into the political proc- the quorum call be rescinded. spect to enforcement. I will save my re- ess. It means that our poor, The PRESIDING OFFICER. Without marks on this subject for a later time, unsuspecting voters are the victims of objection, it is so ordered. but I fully support the creation of an these driveby ads that come at them Mr. OBAMA. Madam President, in office of public integrity, as Senators night and day for months before a cam- November, the American people sent a LIEBERMAN and COLLINS have proposed. paign. It means that candidates, both clear message to their representatives It is similar to the independent ethics incumbents and challengers, spend in Washington. After a year in which commission I proposed last February. month after weary month on the tele- too many scandals revealed the influ- Regardless of what approach we adopt, phone begging for money. ence special interests have in this we have to take politics out of the ini- It is no surprise that the same people town, the American people told us that tial factfinding phase of ethics inves- we are begging money for are the peo- we better clean up our act, and we bet- tigations, and we have to ensure suffi- ple who are the subject of this ethics ter do it fast. cient transparency in the findings of legislation—the lobbyists of the special But it would be a mistake if we con- those investigations so the American interest groups. We live in this parallel clude this message was intended for people can have confidence that Con- world. just one party or one politician. After gress can police itself. Today, with the passage of this un- all, the votes hadn’t even been counted The second area in which we need to derlying legislation, we will ban a lob- in the last election before we started go further is corporate jets. Myself and byist buying me lunch. Tomorrow that hearing reports that corporations were Senator FEINGOLD introduced a com- same lobbyist can have me over for already recruiting lobbyists with prehensive ethics bill that, among lunch at his lobbying firm to provide Democratic connections to carry their other things, would close the loopholes campaign funds for my reelection cam- water in the next Congress. This is why that allow for subsidized travel on cor- paign, and it is perfectly legal. What is it is not enough to just change the porate jets. Today, I am very pleased the difference? From the viewpoint of players; we have to change the game. to see the majority leader has offered the person standing on the street look- Americans put their faith in us this an amendment that would serve the ing through the window, there is none. time around because they want us to same purpose. I fully support him in It is the same lobbyist and the same restore their faith in Government, and his effort. Let me point out that I fully under- Member of Congress. The fact that one that means more than window dressing stand the appeal of corporate jets. Like is a political campaign fundraising when it comes to ethics reform. many of my colleagues, I traveled a event and another is a personal lunch I was hopeful that last year’s scan- good deal recently from Illinois to is a distinction which will be lost on dals would have made it obvious to us Washington, from Chicago to most of America. that we need meaningful ethics legisla- The reason I raise this is I will sup- tion, but last year, despite some good downstate, from fundraisers to polit- port these ethics reforms. They are ab- efforts on this side of the aisle, the bill ical events for candidates all across the country. I realize finding a commercial solutely essential. They are the prod- we ended up with, I thought, was too flight that gets you home in time to uct of the scandals we have seen on weak. It left too many loopholes, and it tuck in the kids at the end of a long Capitol Hill in the last several years. did too little to enforce the rules. It day can be extremely difficult. This is But if we stop there, if we do nothing was a lost opportunity. It would not simply an unfortunate reality that about the financing of our political have restored the people’s faith in Con- gress, and in that end I had no choice goes along with our jobs. campaigns, we have still left a trap out Yet we have to realize these cor- but to vote against it. there for honest people serving in Con- porate jets don’t simply provide a wel- I don’t want that to happen this gress to fall into as they try to raise come convenience for us; they provide time. Fortunately, the substitute money for their political campaigns. In undue access for the lobbyists and cor- amendment the majority leader, a few weeks I will be introducing public porations that offer them. These com- HARRY REID, has offered today brings financing legislation to try to move us panies don’t just fly us around out of us close to the bill that will achieve his to a place where some States have al- the goodness of their hearts. Most of stated goal, and that is to pass the ready gone—the States of Arizona, for the time we have lobbyists riding along example, and Maine—moving toward most significant ethics and lobbying with us so they can make their com- clean campaigns, understanding that reform since Watergate. We owe the pany’s case for a particular bill or a the voters are so hungry for changes American people real reform, and if we particular vote. and reforms that will shorten cam- work hard this week and next, we will It would be one thing if Congressmen paigns, make them more substantive, get it done. and Senators paid the full rate for take the special interest money out of This time out, we must stop any and these flights, but we don’t. We get a those campaigns, make them a real all practices that would lead a respon- discount—a big discount. Right now a forum and debate of ideas and not a sible person to believe a public servant flight on a corporate jet usually costs contest of fundraising. Sadly, that is has become indebted to a lobbyist. us the equivalent of a first-class ticket what they have become in many in- That means a full gift and meal ban. on a commercial airplane. But if we stances. That means prohibiting lobbyist-fund- paid the real price, the full charter rate I urge my colleagues in their zeal for ed travel that is more about playing would cost us thousands upon thou- reform not to believe that the passage golf than learning policy. And that sands of dollars more. of S. 1 and its amendments will be the means closing the revolving door to en- In a recent USA Today story about end of the debate. I hope it will only be sure that Capitol Hill service, whether use of corporate jets, it was reported the beginning and that we can move, as a Member of Congress or as a staffer, that over the course of 3 days in No- even in this session of Congress, to isn’t all about lining up a high-paying vember 2005, BellSouth’s jet carried six meaningful hearings and the passage of lobbying job. We should not tolerate a Senators and their wives to various Re- public financing of campaigns that will committee chairman shepherding the publican and Democratic fundraising truly reform the way we elect men and Medicare prescription drug bill events in the Southeast. If they had women to office at the Federal level through Congress at the same time he paid the full charter rate, it would and restore respect to this great insti- is negotiating a job with the pharma- have cost the Democratic and Repub- tution of the U.S. Congress, both the ceutical industry to be their top lob- lican campaign committees more than House and the Senate. byist. $40,000. But because of the corporate jet I yield the floor and suggest the ab- The substitute bill offered by Major- perk, it only cost a little more than sence of a quorum. ity Leader REID contains many of these $8,000. The PRESIDING OFFICER. The reforms. I thank him for working with There is going to be a lot of talk in clerk will call the roll. Senator FEINGOLD and me in crafting the coming days about how important

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S264 CONGRESSIONAL RECORD — SENATE January 9, 2007 it is to ban free meals and fancy gifts, In the State of Alaska, the only way push forward some bold, significant and I couldn’t agree more, but if we are one can get to 70 percent of the popu- proposals. going to go ahead and call a $50 lunch lation locations in Alaska is by air. I In the end, I was rather disappointed, unethical, I can’t see why we wouldn’t suppose one could get there by dogsled, quite frankly, with the final product as do the same for the $32,000 that but as a practical matter, the only way it left the Senate floor. But I am very BellSouth is offering in the form of air- you get there is by air. hopeful that we will produce a strong- plane discounts. That is why I applaud That being the case, there are planes er, bolder final product now in this new Senator REID on his amendment to re- flying all over Alaska every day, and Senate this month, particularly having quire Members to pay the full charter virtually all of them are owned by cor- listened to the voters and their very rate for the use of corporate jets. porations. clear statements on the issue in the As I said, I understand that for many The corporate executive is flying last election. Members, these jets are an issue of con- from Anchorage to point A or from Ju- AMENDMENT NO. 5 TO AMENDMENT NO. 3 venience. They allow us to get home to neau to point B, or whatever, and says Mr. VITTER. Madam President, in our constituents, to our families, and to the Senator: I am going there; can I that regard, I will send up three to the events that are often necessary give you a ride? There is no charter amendments to the desk and I ask that for our jobs. But in November, the rate for these kinds of activities. Some they be considered. I call up the first of American people told us very clearly of the planes are pretty small. But this those three amendments and I will ex- they are tired of the influence special is the only way you can get around in plain it. I ask that the pending amend- interest wields over the legislative that State. ment be set aside for that purpose. process. The vast majority of Ameri- A Senator said this morning in our The PRESIDING OFFICER. Without cans can’t afford to buy cheap rides on breakfast meeting: In my State, I can objection, it is so ordered. The clerk corporate jets. They don’t get to sit get to every location in the State in will report. with us on 3-hour flights and talk less than an hour by automobile. I have The legislative clerk read as follows: about the heating bills they can’t pay, been in the State of Delaware. It is The Senator from Louisiana [Mr. VITTER] or the health care costs that keep ris- hard to stay in the State of Delaware proposes an amendment numbered 5 to ing, or the taxes they can’t afford, or by automobile. But if you go to some of amendment No. 3. their concerns about college tuition. the large States of the West—Alaska Mr. VITTER. Madam President, I ask They can’t buy our attention, and they being obviously the largest—and an ab- unanimous consent that the reading of shouldn’t have to. And the corporation solute, firm ban on any kind of flight the amendment be dispensed with. lobbyists shouldn’t be able to either. on corporate jets unless you are paying The PRESIDING OFFICER. Without That is why we need to end this cor- commercial hourly rates for the char- objection, it is so ordered. porate jet perk if we are to pass real, ter is to say to the Senators of Alaska: The amendment is as follows: meaningful ethics reform. You cannot travel around your State; (Purpose: To modify the application of the The truth is, we cannot change the you can’t communicate. Federal Election Campaign Act of 1971 to way Washington works unless we first Utah is a smaller State than Alaska. Indian tribes) change the way Congress works. On I don’t take flights around Utah very At the appropriate place, insert the fol- November 7, voters gave us the chance often. I spend a lot of time in the car. lowing: to do this, but if we miss this oppor- From one end of the State to the other, SEC. lll. APPLICATION OF FECA TO INDIAN tunity to clean up our act and restore it takes about 4 hours by car. Some- TRIBES. this country’s faith in Government, the times it is easier to do that than try to (a) CONTRIBUTIONS AND EXPENDITURES BY CORPORATIONS.—Section 316 of the Federal American people might not give us an- deal with the hassle of getting in and Election Campaign Act of 1971 (2 U.S.C. 441b) other opportunity. out of airports, and many of the places is amended by adding at the end the fol- I urge my colleagues to support both I go don’t have airports. But I would lowing: the substitute amendment and the hope, as we have this debate about cor- ‘‘(d) TREATMENT OF INDIAN TRIBES AS COR- Reid amendment to close the corporate porate jets, that we do not think solely PORATIONS.— jet loophole. I ask unanimous consent in terms of Halliburton’s corporate jet ‘‘(1) IN GENERAL.—In this section, the term that I be added as a cosponsor to the with a single Senator surrounded by ‘corporation’ includes an unincorporated In- Reid-McConnell amendment No. 3 and lobbyists, and we recognize at the dian tribe. ‘‘(2) TREATMENT OF MEMBERS AS STOCK- other end of the spectrum there are cir- Reid amendment No. 4. HOLDERS.—In applying this subsection, a The PRESIDING OFFICER. Without cumstances that require—indeed, com- member of an unincorporated Indian tribe objection, it is so ordered. mon sense dictates—the use of cor- shall be treated in the same manner as a Mr. OBAMA. I thank the Chair. porate jets fully reported, paid for in stockholder of a corporation.’’. The PRESIDING OFFICER. The Sen- an intelligent way that will allow us to (b) EFFECTIVE DATE.—The amendment ator from Utah is recognized. not take a single case and apply it to made by subsection (a) shall apply with re- Mr. BENNETT. Madam President, every situation. spect to any election that occurs after De- there are some Senators here who want Madam President, I yield the floor. cember 31, 2007. to offer an amendment. I simply want The PRESIDING OFFICER. The Sen- Mr. VITTER. Madam President, this to make a brief response to my friend ator from California. amendment is very simple. It attacks from Illinois and his comments about Mrs. FEINSTEIN. Madam President, what is a very significant loophole in corporate jets. I regret the Senator from Illinois left current campaign finance law, and that I have seen firsthand exactly what he the floor because I thought I might ask is a big and gaping loophole with re- is talking about, where a corporate jet a question of him. But he has left the gard to Indian tribes. As you know, picks you up, takes you to a fairly re- floor. I see a Senator on the other side under Federal campaign finance law, mote location, and it is not only well ready to speak, so I will defer at this entities such as corporations, labor stocked with food and drink but with time. unions, et cetera, can participate in experts who will fill you in on what it The PRESIDING OFFICER. The Sen- the Federal political process, but they is they want you to know. ator from Louisiana is recognized. need to do that, in terms of contribu- There is another side of it, however. Mr. VITTER. Madam President, I tions and finances, through PACs, As the Senate knows, I am unburdened have looked forward to joining this de- through political action committees. with a legal education, but there is one bate. I compliment those leaders who That is not true with regard to Indian phrase that comes out of the legal pro- had the foresight to bring this very im- tribes. Indian tribes, unlike every fession and I think applies here, which portant issue to the floor of the Senate other entity, unlike corporations, un- is: Hard cases make bad law. I am at the very beginning of this new Con- like labor unions, unlike every entity speaking now for the most senior Re- gress. under the Sun, can give money directly publican who will very much speak for I worked with many Senators on both from their tribal revenues—including, himself on this issue, but I think in sides of the aisle last year. We had a bi- of course, their biggest source of rev- this context it is appropriate to insert partisan working group very focused on enue right now, which is gambling rev- these remarks. ethics and lobbying reform. We tried to enue. So they can take that significant

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S265 source of money and use that directly, AMENDMENT NO. 6 TO AMENDMENT NO. 3 didate’s PAC. Under present law, it is through the leadership vote of the Mr. VITTER. Madam President, I ask perfectly legal. It certainly doesn’t tribe, to give money to political can- unanimous consent to lay aside the pass the ‘‘smell’’ test in the hearts and didates. pending amendment and call up my minds of many Americans, but it is In addition, there is another part of second amendment at the desk. perfectly legal for a Member’s cam- this big loophole, and that is that some The PRESIDING OFFICER. Without paign to hire a family member, a of the cumulative giving limits that objection, it is so ordered. spouse, a child, any close family mem- apply to every other entity out there— The clerk will report. ber—to help take care of the business corporations, labor unions, et cetera— The legislative clerk read as follows: of that PAC and be compensated for it, do not apply to Indian tribes. Again, The Senator from Louisiana [Mr. VITTER] in some cases, with very significant this is a very glaring loophole under proposes an amendment numbered 6 to salaries. present Federal campaign finance law. amendment No. 3. Let me say at the outset, I believe I do not think there is any good ration- Mr. VITTER. I ask unanimous con- there are ways that could be done prop- ale or argument under the Sun to re- sent the reading of the amendment be erly and ethically. The problem is, as is tain it. dispensed with. the case in so many of these questions, that there are also many ways where it I strongly urge all of my colleagues, The PRESIDING OFFICER. Without objection, it is so ordered. can be and is and has been abused, so it Democrats and Republicans, to take a basically puts a family member on the good, hard look at this and vote for and The amendment is as follows: (Purpose: To prohibit authorized committees payroll of an entity that the Member of support this very simple amendment the House or the Senate controls. which simply closes that loophole. and leadership PACs from employing the spouse or immediate family members of There is no real governing entity that We may have some Member stand on any candidate or Federal office holder con- polices the situation. No one knows the Senate floor and say: It may be a nected to the committee) whether that person shows up for work good idea, but we need to put it off. We At the appropriate place, insert the fol- or for how many hours or how signifi- are going to look at campaign finance lowing: cant that work is. At the end of the later. We need to talk about this later SEC. lll. PROHIBITION ON EMPLOYMENT OF day, through that family member, the in a different context. FAMILY MEMBERS OF A CANDIDATE family enjoys a significant additional I strongly disagree. When we think OR FEDERAL OFFICE HOLDER BY income because that Member of the about the events of the last year, when CERTAIN POLITICAL COMMITTEES. (a) IN GENERAL.—Title III of the Federal House or Senate is in politics and con- we think about the debate, the na- Election Campaign Act of 1971 (2 U.S.C. 431 trols that PAC. tional concern about corruption and et seq.) is amended by inserting after section Again, this is not a theoretical prob- cronyism, certainly there are big sto- 324 the following new section: lem yet to happen. This is not a solu- ries having to do with Indian tribes at ‘‘SEC. 325. PROHIBITION ON EMPLOYMENT OF tion waiting for a problem. This has the center of this. Some of the worst FAMILY MEMBERS OF A CANDIDATE been done in real life. This has clearly abusers of those situations were not OR FEDERAL OFFICE HOLDER BY been abused in the past. It has clearly CERTAIN POLITICAL COMMITTEES. the tribal members nor the tribal lead- been a conduit for Members to gain ‘‘(a) IN GENERAL.—It shall be unlawful for ership themselves, but certainly it in- any authorized committee of a candidate or family income through entities they volved Indian tribes, and certainly the any other political committee established, control. I think, because of that abuse, enormous amount of money available maintained, or controlled by a candidate or because of the real erosion of public to the tribes because of gambling rev- a person who holds a Federal office to em- confidence we have seen in Congress enue was at the heart of those very bad ploy— because of abuses such as this over the situations. ‘‘(1) the spouse of such candidate or Fed- last several years, there is only one I think we need to address this now. eral office holder; or sure and clean way to solve the prob- ‘‘(2) any immediate family member of such We need to hit it dead on. It is very lem and that is to simply have a candidate or Federal office holder. bright-line test and say: Immediate much part of the stories and concerns ‘‘(b) IMMEDIATE FAMILY MEMBER.—For pur- we have heard about over the last year poses of subsection (a), the term ‘immediate family members can’t get paid by the or two. Again, this is very simple, family member’ means a son, daughter, step- Member’s PAC. We are not going to straightforward and very fair—which is son, stepdaughter, son-in-law, daughter-in- allow that. You have to hire a non- to treat Indian tribes exactly as we law, mother, father, stepmother, stepfather, family member for these administra- treat other entities, such as corpora- mother-in-law, father-in-law, brother, sister, tive roles so that no one can abuse the stepbrother, or stepsister of the Member.’’. situation and put an immediate family tions, such as labor unions, et cetera. (b) EFFECTIVE DATE.—The amendment Certainly allow them to participate in member on the payroll, often at a very made by this section shall take effect on the significant salary. the political process, certainly allow date of the enactment of this Act. them to fully support candidates of Again, my amendment is very sim- Mr. VITTER. Madam President, this ple. It says no immediate family mem- their choice but make them do that is a second amendment of a package of ber can be hired by the candidate’s through setting up PACs, not simply amendments I am presenting to the campaign or leadership PAC, and it de- allow them to spend their gambling full Senate. As I did with the first fines immediate family member the revenue or other proceeds directly and amendment, what I would like to do— same way section 110 of last year’s Sen- in many cases without some of the and I have had discussions with the ate-passed bill defined that term, and overall limits that apply to other enti- Chair and ranking member, the partici- that is son, daughter, stepson, step- ties such as corporations. pants who are leading the floor de- daughter, son-in-law, daughter-in-law, With that, I will be happy to answer bate—is I will briefly explain this mother, father, stepmother, stepfather, any questions or participate in any de- amendment. I will certainly be happy mother-in-law, father-in-law, brother, bate on the floor. I, also, have two to engage in a fuller debate at a later sister, stepbrother or stepsister or other amendments at the desk. When- time and have a full vote on this spouse. It is straightforward, a bright- ever it is in order, I ask to call up amendment, as with the previous one, line rule. To me it is very clear that is those so we may discuss those as well. at a later time, hopefully, in the next the only way we are going to stop this Mrs. FEINSTEIN. Madam President, few days. abuse that has occurred in the past and I suggest the absence of a quorum. This amendment, also, directly ad- rebuild the confidence of the American The PRESIDING OFFICER. The dresses a situation that has clearly people. clerk will call the roll. arisen and clearly caused great concern AMENDMENT NO. 7 TO AMENDMENT NO. 3 The legislative clerk proceeded to among the American people in the last With that, if it is appropriate, I ask call the roll. couple of years. That is family mem- unanimous consent to lay aside that Mr. VITTER. Madam President, I ask bers of Members of Congress, Members amendment and call up my third unanimous consent the order for the of the House, Members of the Senate, amendment at the desk. quorum call be rescinded. making money—being paid, in some The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cases, very large amounts of money— objection, it is so ordered. The clerk objection, it is so ordered. while being employed by that can- will report.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S266 CONGRESSIONAL RECORD — SENATE January 9, 2007 The legislative clerk read as follows: very important amendment to rebuild are rules, there seem always to be peo- The Senator from Louisiana [Mr. VITTER] that credibility of this body and of the ple who want to bend those rules or proposes an amendment numbered 7 to House. skate as close to the line as they can. amendment No. 3. In closing, let me say, again, I wel- And sometimes they fall or jump over Mr. VITTER. I ask unanimous con- come this activity on the Senate floor. that line. And so the rules need to be sent the reading of the amendment be I welcome this debate. I compliment revisited and toughened, based on expe- dispensed with. Majority Leader REID and all others rience. The PRESIDING OFFICER. Without who made this decision to put this Just over a year ago, it looked like objection, it is so ordered. issue front and center, first, on the the Jack Abramoff scandal had finally The amendment is as follows: Senate floor in the new Senate. I am lit a fuse under the Congress. Soaring (Purpose: To amend the Ethics in Govern- eager to pass a strong, responsible bill promises were made that reform was ment Act of 1978 to establish criminal pen- to restore, to build up over time—it on the way last year. Bills were intro- alties for knowingly and willfully fal- will not happen overnight—the con- duced, hearings were held, and ulti- sifying or failing to file or report certain fidence of the American people in our mately both the House and Senate con- information required to be reported under institutions. sidered legislation on the floor. But that Act, and for other purposes) Since I first came to the Senate, I there was always a sense that what was At the appropriate place, insert the fol- have worked with various Senators, in- going on was just a show. It was clear lowing: cluding a bipartisan working group on that many of those in charge wanted to SEC. ll. KNOWING AND WILLFUL FALSIFICA- these issues, on these proposals last change as little as possible. It seemed TION OR FAILURE TO REPORT. like the Republican leaders in the Section 104(a) of the Ethics in Government year. But I don’t think we went far enough last year. Clearly, we didn’t House believed that the public really Act of 1978 (5 U.S.C. App.) is amended— didn’t care about these issues. First (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; pass a bill through the entire process. they attached major campaign finance (2) in paragraph (1), as so designated, by But even the bill we passed through the striking ‘‘$10,000’’ and inserting ‘‘$50,000’’; Senate I don’t think was strong reform provisions to the bill the Senate passed, and then they let it die. and enough. It did not address some of We found out on November 7 just how (3) by adding at the end the following: these crucial areas, including the In- ‘‘(2)(A) It shall be unlawful for any person wrong they were. The new faces in this dian tribal campaign finance loophole, to knowingly and willfully falsify, or to Senate are the direct result of the knowingly and willingly fails to file or re- including the area of abuse where can- public’s distaste for how the last Con- port, any information that such person is re- didates and Members can put family gress handled this issue, and many oth- quired to report under section 102. members on the PAC campaign payroll, ers. So now it is time for real action. ‘‘(B) Any person who violates subparagraph including making sure we increase (A) shall be fined under title 18, United And the public will again be watching civil and criminal penalties for know- closely to see how we perform. States Code, imprisoned for not more than 1 ing and willful violations. year, or both.’’ We start our work today on S. 1, My amendments will do this, and I which is the same bill that the Senate Mr. VITTER. Madam President, this urge all of my colleagues to take a approved last year, by a vote of 90–8. third amendment is also very clear and good, hard look at them. Tomorrow, I Last year, I was one of the eight. I straightforward. It increases the pen- will be introducing two, possibly three, thought the bill was too weak in some alties significantly in cases in which other amendments, and I look forward very significant ways. And so today, there is not just a mistake on a finan- to debating those as well. I appreciate along with the junior Senators from Il- cial disclosure form but a knowing and the helpfulness of the managers. I look linois and Connecticut, Senators willful and purposeful attempt to hide forward to coming back to these Obama and Lieberman, I have intro- information that the Member knows is amendments to call them up for full duced the Lobbying and Ethics Reform supposed to be made public under the debate and vote. Act. This is our attempt to say what law. It increases those penalties on the I yield my remaining time. we think the Senate’s final product civil side, and it, also, under the appro- The PRESIDING OFFICER (Mr. should look like when we finish our priate circumstances, creates criminal Tester). The Senator from Wisconsin is work on S. 1. penalties for that. recognized. I do not intend to offer this new bill Again, I think this goes to the heart Mr. FEINGOLD. Mr. President, I am as a complete substitute. Instead, I will of the erosion of public confidence be- happy to see the Senator from Mon- seek to I have important provisions of cause of lobbyists and ethics lapses and tana presiding. this bill added as amendments to S. 1. abuses over the last several years I am very pleased to speak about eth- I am happy to say that a number of the which have clearly involved Members ics and lobbying reform and the bill we suggestions that we make in our bill of Congress. Some are in jail now as we will consider over the next week or so. have been accepted by the majority speak because of those abuses. To start, what a pleasure it is to have leader. Some are included in his sub- This is a very clear and necessary a majority here that not only supports stitute, which is the base bill for this way to remedy those past abuses and reform but recognizes the importance legislation. Some very important addi- that erosion of public confidence. I of dealing with this issue immediately tional improvements are included in think it is very important that these in this new Congress. There is no bet- the Reid first degree amendment. This penalties are serious on the civil side ter way to show the American people is a very good start for this debate, to and on the criminal side but that they that things have changed in Wash- improve the bill right at the outset. only apply to cases where there is ington and will continue to change I take a few minutes as we start this knowing and willful misrepresentation, than by taking up and passing strong debate to talk about some of the most where there is an active and a clear at- ethics and lobbying reforms right important issues that we must address tempt to hide facts, to not comply with away. I thank Majority Leader REID for in this bill. First, we need an airtight the law. Clerical or other mistakes making a decision to start our work in lobbyist gift ban. No loopholes, no am- don’t cut it. That is not worthy of this new Congress with this issue. This biguity. We took a first step towards these very serious civil and, in some is the right thing to do. banning gifts from lobbyists, including cases, criminal penalties. But a know- Ethical conduct in Government meals, tickets, and everything else, in ing and willful misrepresentation, an should not be an aspiration, it should last year’s bill, but we left open a big active attempt to hide facts from the be a given. For too long, the public has loophole. If we do nothing else to im- public that the law clearly mandates had to open the morning papers and prove last year’s effort, we have to be made public, that is a different read about how Congress is mired in close that loophole. story. We need a zero tolerance policy scandal rather than about how we are I am not going to stand here and say for that. going to deal with the really tough that any Senator’s vote can be pur- Again, my amendment increases problems) facing our country. We chased for a free meal or a ticket to a those penalties on the civil side and on might wish that rules aren’t necessary, football game. But I don’t think any- the criminal side, and I urge all the but time has proven, over and over one can argue that lobbyists are pro- Members of the Senate to support this again, that they are. And once there viding these perks out of the goodness

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S267 of their hearts, either. At this point, no a major improvement, especially be- We have a criminal statute that pro- reform bill is going to be credible un- cause lobbyist participation in orga- hibits former Senators from lobbying less it contains a strict lobbyist gift nizing, arranging, or planning these the Congress for a year after they leave ban. trips would be strictly limited. office. The same tough provisions apply No one has ever explained to me why There are many things that could be to top officials in the executive branch. Members of Congress need to be al- done about privately funded travel, but But experience has shown that these lowed to accept free meals, tickets, or at the very least we should not have provisions don’t really get at the prob- any other gift from a lobbyist. If you more lenient travel rules than the lem. The cooling off period is too short. really want to have dinner with a lob- House of Representatives. Again, I am Our bill doubles it. And the cooling off byist, no one is saying that you can’t. pleased that Senator REID supports the period has become more of a warming Just take out your credit card and pay House travel rules and I hope we will up period for some Members of Con- your own way. I can tell my colleagues adopt his amendment that brings us in gress who move on to work for an orga- from personal experience that you will line with those rules. nization with interests in legislation. survive just fine under a no-gifts pol- When I introduced my lobbying re- They basically run the lobbying show icy. The Wisconsin Legislature has form bill back in July 2005, it included behind the scenes during the time they such a policy and I brought it here a provision addressing the abuse of can’t lobby their colleagues directly. Is it too much to ask a Member of with me to Washington. I don’t go hun- Members flying on corporate jets. At Congress who leaves office to take a 2- gry. We need to just stop the practice that time, I have to say, it seemed like year breather before accepting money of eating out at the expense of others. a fantasy that we would actually pass from an employer for trying to influ- It is not necessary. It looks bad. And it such a provision. I heard complaint after complaint about it, that we ence Congress? I don’t think so. We are leads to abuses. talking here about highly talented and I am happy to say that Senator REID shouldn’t do it. Slowly but surely, many people have highly employable people. There are so agrees that the lobbyist gift ban is not many employers, so many worthy a ban if organizations that retain or come around to where the public is: Corporate jet travel is a real abuse. causes, that would benefit from their employ lobbyists can still give gifts. talents and experience, doing things He is prepared to close the loophole in Sure, it is convenient, but it is based on a fiction—that the fair market other than trying to influence legisla- S. 1 that would allow that to continue. tion. Fortunately, the Lobbying Dis- His amendment does that and I support value of such a trip is just the cost of a first class ticket. And when that fic- closure Act has a ready made defini- it. tion of ‘‘lobbying activities’’ that is Another important shortcoming of S. tion is applied to political travel, it broader than lobbying contacts. Our 1 is in the area of privately funded creates a loophole in the ban on cor- bill’s revolving door provision prohibits travel. That was the issue that leapt to porate contributions that we have had Members of Congress from engaging in the fore when Jack Abramoff pled in this country for over a century. Any lobbying activities for 2 years after guilty just a little over a year ago. legislation on corporate jets must in- leaving office, not just lobbying con- Abramoff took Members of Congress on clude campaign trips as well as official tacts. That would make the revolving ‘‘fact finding trips’’ to Scotland where travel because one thing is for cer- door restrictions really mean some- they went shopping and golfed at St. tain—the lobbyist for the company that provides the jet is likely to be on thing. Andrews. It was a scandal and Members I believe that is what the public the flight, whether it is taking you to of Congress were falling all over each wants—restrictions that mean some- see a factory back home or a fundraiser other in a race to do something about thing, not rules for show, with hidden it. But just a few months later, the for your campaign. Our bill does that. It covers all of the loopholes and not a system of rules Senate passed a bill that did almost with lax enforcement. That is why our possible uses of corporate jets, and nothing at all about it. bill includes the Lieberman-Collins amends all of the Senate rules needed My staff keeps a file of invitations proposal for an Office of Public Integ- to put in place a strong reform, and the for fact-finding trips for staff. Here are rity to investigate ethics complaints Federal election laws as well. From a few from over the years. A ‘‘legisla- and make recommendations to the now on, if you want to fly on a cor- tive issues seminar’’ on St. Michaels Is- Ethics Committee on whether to take porate jet, you will have to pay the land, sponsored by MCI World Com, action. It is certainly time that this charter rate. And these flights with dinner at the Inn at Perry Cabin; proposal receive very serious consider- shouldn’t be an opportunity for the a trip to Silicon Valley sponsored by ation. We are on the cusp of making lobbyist or CEO of the company that the Information Technology Industry some very significant changes to our Council, with dinner sponsored by the owns the jet to have several hours own rules. Let’s not undermine what Wine Institute; a ‘‘congressional field alone with a Senator. Our bill prohibits we are accomplishing by leaving trip’’ sponsored by GTE to Tampa and that as well. This is what the American unaddressed the very real need for Clearwater Beach. The invitation people have been calling for. There are tough and independent enforcement. reads: no loopholes or ambiguities here. Poli- I also believe this bill must go fur- To take advantage of the terrific location ticians flying on private planes for ther in addressing earmarks. Senator beside Tampa Bay and the Gulf of Mexico, cheap will be a thing of the past if we MCCAIN’s bill, which I have cospon- we’ll demonstrate that you can place a cel- can get this provision into the bill. sored, includes a provision that would lular call over water, either while dining Senator REID’s amendment includes a allow the Senate to strip out earmarks aboard a boat or fishing for that night’s din- tough corporate jet provision. I am for unauthorized spending. This is an ner. pleased to support that portion of the important reform and I hope it can be These kinds of ‘‘fact finding trips’’ amendment. This is a big deal, and I added to the bill. paid for by industry groups were left commend the majority leader for tak- Thus far, I have talked only about untouched by the bill the Senate ing this step. ethics rules, but the bill on the floor passed. That was one of the reasons I Another issue on which I hope we contains some very significant im- voted against the bill. will make some improvements in this provements to our lobbying disclosure Fortunately, the new House leader- bill is the revolving door between be- laws as well. The current law, the Lob- ship recognized the need to do some- tween Government service and lobbying Disclosure Act, which was en- thing about privately funded travel, bying firms. One of the things that acted in 1995, was itself a landmark re- even if they weren’t prepared to pro- really sticks in the craw of the people form, the first change in nearly 50 hibit it entirely. The House passed a back home is the idea that politicians years to the original Federal Regula- rules change on the first day of the ses- use their government service as a step- tion of Lobbying Act. I was here when sion to allow only trips sponsored by ping stone to lucrative lobbying ca- the LDA passed, under the leadership groups that don’t employ or retain lob- reers. And they also believe, rightly in of the Senator of Michigan, Mr. LEVIN. byists. The only trips that groups that some cases, that former Members who It is an important and effective law. lobby can offer are to a one day event— are lobbyists have special access and A decade of experience has shown, to make a speech, for example. This is influence over their former colleagues. however, that it has shortcomings. The

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S268 CONGRESSIONAL RECORD — SENATE January 9, 2007 bill on the floor includes some impor- Mr. LEAHY. I yield the floor and sug- ceived to go up. You basically treat the tant improvements. My bill incor- gest the absence of a quorum. two sides of the ledger entirely dif- porates those improvements and also The PRESIDING OFFICER. The ferently. On one side of the ledger, adds some—requiring disclosure by lob- clerk will call the roll. taxes go up under this ‘‘tax-go’’ pro- byists of the earmarks they try to get The assistant legislative clerk proposal if there is no change, and on the for their clients, and requiring lobby- ceeded to call the roll. other side of the ledger, if there is no ists and lobbying organizations to file Mr. GREGG. Mr. President, I ask change, the entitlement spending goes separate reports on their political con- unanimous consent that the order for on for that designated program forever tributions and fundraising. The use of the quorum call be rescinded. without it falling back and being lim- campaign contributions as a lobbying The PRESIDING OFFICER. Without ited. There is no review of it. tool is well known in this city and in objection, it is so ordered. The practical implication of this lan- this Senate. It is time that our lob- PAY-GO guage is that the only thing it affects, bying disclosure laws reflected that. Mr. GREGG. Mr. President, I wish to when you put in place this so-called And we should cover all of the tools in speak briefly, not specifically on this pay-go, which is really ‘‘tax-go,’’ is the the lobbyist’s work bench, not just di- bill, although it is related to this bill. tax side of the ledger. That is the only rect contributions but the collection or I will have an amendment to this bill. thing that can be impacted because the bundling of the contributions of others. Hopefully, I can offer that tomorrow. entitlement program under the scoring Lobbyists wield influence by serving as But since there is a lull in activities, I mechanisms of our Government don’t fundraisers, not just be giving money want to speak briefly on something the lapse, don’t end. The spending is per- themselves. House has recently done as part of its ceived to go on. So pay-go cannot apply I have high hopes for this debate. 100-hour agenda. It has passed language to it. You cannot review the program. After a false start last year, we can get which is euphemistically referred to as It is only on the tax side that it ap- this job done. The House has moved pay-go. plies. quickly to pass new ethics rules. It is I think it is important to understand The effect of that is this is a mecha- our turn now. And we can lead the way what the implications of that language nism to force a tax increase because with serious lobbying disclosure re- are because it gives definition to the what this basically says is without 60 forms. I am looking forward to working House leadership rather quickly in this votes, you cannot continue the lower with my colleagues on both sides to whole process of where we are going in tax rate. But on the entitlement side, start this Congress with a real accom- the area of fiscal responsibility as a you can continue to spend the money plishment. If we do this, the public’s country because what this language es- not subject to a 60-vote threshold. confidence in how we tackle the many sentially does is guarantee tax in- Those are two different approaches to pressing issues before us will be greatly creases, but it has virtually no impact the two sides of the ledger in the Con- enhanced. That, in the end, is the best on spending restraint. gress. reason to undertake these reforms. It has been given this motherhood So by taking this action in the House They are the foundation on which the title ‘‘pay-go’’ when, in fact, it should and passing this language, they have rest of our work together stands. be called and more accurately is de- essentially said it is their goal to dra- I yield the floor. scribed as ‘‘tax-go.’’ matically increase taxes, to use the The PRESIDING OFFICER. The Sen- The implications of this language are mechanism of alleged pay-go, or ‘‘tax- ator from West Virginia. pretty simple. It says that when a tax Mr. BYRD. I thank the Chair. go,’’ to drive major tax increases on cut lapses or comes to the end of its (The remarks of Mr. BYRD are printed the American public. term, that tax cut will be raised back If you are on the Democratic side of in today’s RECORD under ‘‘Morning Business.’’) to the original rate. So, for example, the aisle in the House, or maybe even Mr. BYRD. Mr. President, I yield the we today have a tax rate of 10 percent on the Democratic side in the Senate, floor and suggest the absence of a for low-income individuals. That tax that may make sense; you may want to quorum. cut was put in place back in the early raise taxes. It is the tradition, of The PRESIDING OFFICER. The 2000 period under the President’s tax course, of the party to like to raise clerk will call the roll. cuts. That tax cut comes to a close taxes, I guess. That is how they got the The assistant legislative clerk pro- from a statutory standpoint—in the title ‘‘tax and spend’’ fixed to their no- ceeded to call the roll. sense that the authorization level of menclature. But this is rather a brash Mrs. FEINSTEIN. Mr. President, I the rate terminates in 2010—and that way to do it; to start right out with the ask unanimous consent that the order rate will jump back up to the basic first major enforcement mechanism for for the quorum call be rescinded. rate, which I believe was 15 percent at budget, supposedly, restraint being a The PRESIDING OFFICER. Without the time. So there will be a 5-percent mechanism that doesn’t reduce spend- objection, it is so ordered. tax increase on low-income Americans ing at all, doesn’t restrain spending at Mrs. FEINSTEIN. Mr. President, I who pay taxes. That would be people all. All it does is force us to raise taxes ask that Members know that the floor with over $40,000 of income, for all in- or at least be subject to a 60-vote point is open, that now is the time, and that tents and purposes. That is a tax in- of order if we want to maintain taxes hopefully they will file any amendment crease. at their present level. and come down forthwith and speak to One would think that type of mecha- Some may say: We need to raise them. nism would also be applied, if one is taxes; the tax burden in America is not I thank the Chair and suggest the ab- going to use a euphemism such as pay- large enough on earning Americans, essence of a quorum. go, to the spending side of the aisle, so pecially on high-income Americans. I The PRESIDING OFFICER. The when the spending program used up its fundamentally disagree. Why? Because clerk will call the roll. authorized life—let’s take, for example, when one looks at the present law and The assistant legislative clerk pro- the farm program—and it reaches the what is generated in revenues, we are ceeded to call the roll. Mr. LEAHY. Mr. President, I ask end of its term, as the farm program is seeing a dramatic increase in revenues unanimous consent that the order for about to do, at that point, that pro- in this country. Revenues have jumped the quorum call be rescinded. gram, which is a subsidized program, in the last 3 years more than they have The PRESIDING OFFICER. Without would have the cost of the original pro- jumped in any period in our history. objection, it is so ordered. gram go back in place or it would be That is because we have in place a tax Mr. LEAHY. Mr. President, I ask cut back to having no subsidy at all. system which has created an incentive unanimous consent to speak as in But that is not the way it works. for people to go out and invest and un- morning business for a few minutes. Under the proposal, entitlement pro- dertake economic activity which has, The PRESIDING OFFICER. Without grams are perceived to go on forever in turn, generated revenues to the Fed- objection, it is so ordered. and to spend money forever at what- eral Government. (The remarks of Mr. LEAHY are print- ever the rate is, even if their authoriza- Historically, the Federal Government ed in today’s RECORD under ‘‘Morning tion ends. But tax reductions are per- revenues have been about 18.2 percent Business.’’) ceived to end and tax rates are per- of the gross national product. That is

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S269 how much the Federal Government has Interestingly enough, the tax system are in place, these tax rate changes, historically taken out of our economy is more progressive. It is the most pro- lapse. Under the rules they will be sub- and spent for the purposes of govern- gressive it has been in history. The ject to a 60-vote point of order and get- ance. That is the average. American people with incomes in the ting 60 votes around here for a tax cut, We are now getting back in tax re- top 20 percent are paying 85.2 percent as we know, is pretty difficult. ceipts, because of these large increases of the Federal tax burden. The top 20 This is the problem with pay-go as it over the last 3 years, close to 18.4, 18.5 percent pay 85 percent of the tax bur- is presently structured. Interestingly percent of gross national product, so den. That compares to the Clinton enough, the House has also done this in we have actually gone over what is the years where the top 20 percent were a way that doesn’t even go to the tradi- historical level of revenues to the Fed- paying 84 percent. So, actually, the top tional pay-go rules, which would in- eral Government. We are generating 20 percent are absorbing more of the volve sequester, as I understand it. more revenues than the Federal Gov- tax burden of America, generating They have done this outside the statu- ernment historically gets. That is good more revenues to the Government, and tory process. They have done it as a news. not only that but the bottom 40 per- rule and therefore the true enforce- It has been done in the right way, by cent of American income-earning indi- ment mechanism against a new entitle- the way. We have generated this extra viduals are getting more back than ment, to the extent pay-go would apply revenue by creating an atmosphere out they did under the Clinton years, al- against a new entitlement, would be se- there where people are willing to invest most twice as much. quester. in taxable activity. We have seen it If you earn less than $40,000 in Amer- What is sequester? It essentially says over the years. In fact, President Ken- ica, you are receiving more back than that either you offset the new spending nedy was the first one to appreciate you did in the Clinton years because of with spending cuts somewhere or else this, followed by President Reagan, and the fact of the earned-income tax cred- you have an automatic event which then President Bush. When you get tax it—in fact, almost, as I said, twice as does it for you across the board. That levels too high—the American people much. is the right way to do this. You should are creative. We are a market economy We have a law now that is doing two have a sequester. So the failure to get with an entrepreneurial spirit, and extraordinary things: it is generating sequester as part of the exercise just when you raise taxes too high, people huge revenues to the Federal Treasury once again shows that there isn’t a se- say: I am not going to pay that tax because of the economic activity it is riousness of purpose in this rule as it rate. I am going to invest in something encouraging—creating jobs, creating was passed by the House relative to that avoids taxes, some highly depre- investment, creating taxable events— spending restraint. There is only a seri- ciated something that expenses items and it has created a more progressive ousness of purpose relative to making like municipal bonds, something that tax system. That is the good news. sure that taxes go up. You really can’t allows me to put my money where I So why do we want to raise taxes? defend that position unless you are don’t have to pay that exorbitant tax Why do we want to go back and raise willing to take the position that really rate. taxes on that situation? I don’t think what we are interested in is raising What has happened, however, under we should. But if you follow the pay-go taxes because otherwise, to defend that the Kennedy tax cut and the Reagan proposal that has been brought forward position, you would have to say: Yes, tax cut and the Bush tax cut is when by the House, that is the only option but we didn’t want it to apply to enti- you get taxes at the right level, when that occurs as these tax policies start tlement programs that already exist. you say to the American entrepreneur to lapse in the year 2010. And even if there is a new entitlement and American earner: We are going to I would probably be willing to fight program we didn’t want it to apply to charge you what is a reasonable tax that fight. In fact, I am willing to fight that new entitlement program with rate on your investment, then the that fight if we treated the spending any enforcement mechanism that American people go out and they in- side of the ledger the same way under might actually require us to cut spend- vest in taxable activity. That taxable pay-go, or under ‘‘tax go,’’ as I call it, ing. We will just sort of finesse that activity generates jobs and jobs create but we don’t. As I mentioned earlier, one. The only thing we really want this growth. It also is a much more efficient because of the way the baseline works to be required to attach to is whether way to have money used. You don’t around here, the spending side of the taxes go up in 2010. have money inefficiently being in- ledger does not have to be looked at So I do think it is ironic, if not a bit vested for the purpose of avoiding under the pay-go rules. You can con- disingenuous, to have one of the first taxes. Money is instead invested for tinue to spend on those entitlement major items of principle upon which the purpose of generating activity, programs whatever is in their tradi- the House Democratic leadership is which is productive. tional spending patterns, whatever going to stand be that they want a rule As a result, the entire economy rises, they are, plus increases as a result of that puts in place the requirement that as has happened in the last few years, more people using them. Granted, you we raise taxes. In my opinion, it shows and you generate significant revenues can’t create new entitlement programs. there maybe is a superficial purpose to the Federal Treasury, as has hap- Those would be subject to pay-go. And relative to actually defending and con- pened in the last few years, and is pro- you can’t dramatically expand the pro- trolling spending. jected, by the way, to continue—both grams. For example, the Part D pre- I have not been one to shrink from by the CBO and OMB. mium would have been subject to pay- pointing out that my side has not done Some will say: Sure, but that doesn’t go—was subject to pay-go. But that is a great job on spending restraint. I point out the fact that the high-income only a small portion of the spending have been rather definitive about that. people in America got a huge tax cut issue. The real essence of the spending But I do think that it is inappropriate under this tax proposal. Remember, we issue is the underlying entitlement, as to start this Congress with the state- are generating more revenue from this is, of course, the essence of the tax ment that we are going to be fiscally tax cut, more revenue than we got beside, the underlying rate. disciplined and then claim that fiscal fore. We had a down period. There are What you have essentially done is discipline is going to be hung on one going to be a lot of debates about that. create a mechanism which, because of rule. And that appears to be the only My view is it came out of the bubble of the way we score spending versus thing done over there on the issue of, the late 1990s and the attack of 9/11 and taxes, causes taxes to be subject to a as they say, ‘‘fiscal discipline,’’ one the initial impact of the tax cut. But 60-vote point of order but does not rule which as a practical matter has no that has all been reversed to a point cause spending to be subject to the practical effect on spending restraint. where we now have an economic situa- same discipline. So the practical impli- None. tion where we are generating more rev- cations of it are that it will basically There are ways to correct this. There enues to the Federal Government than be used primarily as a force for forcing are ways to make this rule a statute. we have as an historical norm. So we tax increases on the American people. In fact, the Senator from North Dakota are getting more revenues from this That is almost automatically, by the has proposed that. There are ways to tax system. way, because in 2010 these taxes that make this rule apply appropriately to

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S270 CONGRESSIONAL RECORD — SENATE January 9, 2007 restraining entitlements as well as re- absorb 20 percent of the gross national issue has to be addressed. It means as a straining the issue of tax policy, if that product, 20 percent. By the year 2040 society we have to address it. We sim- is what you want to do. I might be in- they will be absorbing almost 30 per- ply cannot do it on the tax side of the clined to support such a rule if it were cent of the gross national product. If ledger. balanced, if it said we are going to be you recall what I said earlier—which I I yield the floor. as aggressive on the issue of spending can understand that you don’t because The PRESIDING OFFICER. The Sen- restraint and entitlements as we are I have been going on for a long time— ator from North Dakota. going to be aggressive on the issue of the revenues of the Federal Govern- Mr. LOTT. If the Senator from North defining how taxes are applied, but ment are only 18.4 percent of the Fed- Dakota will yield, that is not the case. That is not the eral gross national product. So, by 2025, I wonder if we have any information case at all. because of the retirement of the baby that is available with regard to a vote This is a rule that comes at us, that boom generation, we will simply be un- or votes tonight that Members can be treats these two accounts differently able to afford this Government unless made aware of. Does the Senator from and inappropriately in the sense that it we are going to radically increase the North Dakota have any information on treats one as apples, one as oranges, tax burden on all Americans, working that? and then says we are only going to deal Americans. It is pretty obvious to me Mr. CONRAD. I do not. with the apples. you can’t tax your way out of this Mr. LOTT. I understand Senator It is not good policy. For some rea- problem. You cannot put a burden on FEINSTEIN might have had some infor- son, unfortunately, it has managed to the next generation of 22, 23, 24 percent mation she could provide on that. I take on a life of its own relative to this of gross national product as being their know there are Senators waiting to nomenclature—pay-go—so that there is tax burden because that means you hear the expected schedule for tonight. almost a sacrosanctness to it. We had deny them the ability to live a lifestyle Parliamentary inquiry: Are we still an idea around here for years called the like we are living. You deny them the in debate on the underlying ethics and lockbox which took on that same sort extra dollars they would need to send lobbying bill? of sacrosanct concept even though it their children to college, to buy their The PRESIDING OFFICER. It is the also was a bit illusory as to what it ac- homes, to be able to do what they want pending question. complished versus what it claimed to to do with their life, because all of that Mr. LOTT. Mr. President, Senator accomplish. This proposal has the same money is going to go to taxes to pay FEINSTEIN is in the Senate. problem. It is illusory as to what it ac- for all the entitlements on the books If the Senator from North Dakota complishes compared to what it claims which we have to pay for as a result of would yield briefly. to accomplish. It does accomplish the the retired generation. Mr. CONRAD. I am happy to yield so raising of taxes. It does not accomplish You cannot tax your way out of this colleagues know plans for the evening. the disciplining of the entitlement side issue, even if we agree with the static Mrs. FEINSTEIN. Mr. President, of the spending accounts. models that say as you raise taxes, you through the Chair to the distinguished I understand that this matter is prob- get more revenue. I happen to not be- Senator from Mississippi, we have ably not going to be raised on our side lieve in that. We have proven with Ken- three amendments so far by Senator until we get to the budget process. nedy, Reagan, and Bush cuts that does VITTER. They are being vetted with re- That may or may not be the right not work. Even if you were to accept spect to committees. We are not at the place to raise this issue because if you you cannot tax your way out of this present time prepared for a vote. My are going to do it statutorily, which is problem, you have to address the view is the likelihood of a vote tonight actually the way you should do it, the spending side of the ledger. That is why is remote. I have been in our cloak- budget process can’t accomplish that. you have to have a real pay-go rule— room trying to learn if I can say there But should we, and when we do ap- not a tax-go rule, a pay-go rule—that are no more votes. The closest I can proach this topic, I hope we can amend actually does address the spending side come is to say the likelihood of a vote this in a manner which would allow us of the ledger aggressively as it address- is not high. Does that help the Sen- to have it play fairly so that we had es the tax side of the ledger or you ator? apples on both sides of the agenda, should not have the rule at all, because Mr. President, I very sincerely urge both sides of the ledger, or oranges on you are basically prejudicing us to Members, please come to the floor if both sides of the ledger, so that an en- move down the road of tax increases Members have amendments. Please file titlement program, when it reached its and not addressing the fundamental amendments. Please speak to your authorizing term, would have to be problem, the fundamental issue that is amendments. We will never finish this subject to the issue—not new entitle- driving the problem our children will bill unless Members are here. The floor ments, but the actual underlying enti- confront, which is they are going to get has been open all afternoon for amend- tlement. When you have a tax program, a country they cannot afford. Our gen- ments. With the exception of one Sen- when it hits its authorized life, it eration is going to give them a country ator, there are no amendments before would be subject to the same. That they cannot afford. That is not right the Senate. I hope Members are listen- would be the right way to do it, but it for one generation to do to another ing. I thank the Chair. I yield the floor. is not the way the House did it, and it generation. The PRESIDING OFFICER. The Sen- wasn’t done that way intentionally. There are ways to address this. There ator from North Dakota. I would like to think that it was just are substantive ways to address it. The Mr. DURBIN. I am sorry to interrupt inadvertent that they left out entitle- Senator from North Dakota has been my colleague. If I could ask the Sen- ments, but it is not. They left it out one of the leaders and now, as chair- ator to yield for a moment, through because the driving thrust—and I think man of the Budget Committee, gets to the Chair, I ask the Senator from Cali- the reason it has taken on such a life of be the leader—I welcome him to that fornia as the manager of this bill if she its own in the nomenclature—the driv- role—in trying to come to some resolu- would have any objection if we made it ing thrust is to use this as a mecha- tion on this whole issue of how you get official that there will be no votes fur- nism to basically attack the tax cuts of to the balance between spending and ther this evening. the early 2000 period. It is not an at- taxes in the face of the human demo- Mrs. FEINSTEIN. I have been asking tempt to restrain the rate of growth of graphic, this huge retirement that will to do just that for 1 hour. Yes, of this Government on the entitlement occur and the pressures it will put on course. accounts. our society. Mr. DURBIN. I think we should do Why do we need to restrain the rate We are getting off on the wrong foot that in respect to schedules. of growth on the entitlement accounts? if we simply say we are just going to do Mrs. FEINSTEIN. I respect the Sen- It is very simple. The numbers are it on the tax side of the ledger. That is ator for getting the job done. stark, they are there, and everybody essentially what this proposal that Mr. DURBIN. Let us also encourage, agrees to them. By the year 2025, three came out of the House does. There are admonish our colleagues that we will accounts in this Government—Social better ways to do it. There are better have some votes in the morning and Security, Medicare, and Medicaid—will ways to structure the proposal. The get the bill moving. We want to get

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S271 this bill finished. We will stay in ses- New Hampshire himself predicted that surpluses. In 2002, we were back in red sion next week until this bill is fin- back in 2002. He said that pay-go re- ink; in 2003, record deficits; in 2004, a ished. It is better to frontload it with quires a tax increase. Wrong. Pay-go new record; in 2005, one of the three activity. That means if anyone has a doesn’t require a tax increase. What worst deficits in the history of the serious amendment, come on down to- pay-go does is say this: If you want new country; in 2006, again, huge deficits. morrow morning because we would like tax cuts, you have to pay for them or And here we are in 2007. This is a pro- to bring it to the Senate floor for con- get a supermajority vote. jection at about the same level as last sideration. The Senator from New Hampshire year, actually somewhat worse. Mrs. FEINSTEIN. If I may, the Sen- then says, there is no spending dis- But that doesn’t even tell the story ator from Illinois is absolutely right. I cipline. Wrong again, because pay-go because, unfortunately, the buildup of made three appeals for amendments says you can’t have new mandatory the debt is far greater than the size of thus far. What I am concerned about is spending. Remember, mandatory the deficit. at the very end of the consideration of spending is well over half of the budg- This was the stated deficit for last the bill, we will be flooded with amend- et: Medicare, Social Security—those year, $248 billion. But the debt grew by ments and not have the time to debate are examples of mandatory spending. $546 billion. We will never hear the And pay-go says you can’t have new the matter. Now is that time. The Sen- word ‘‘debt’’ leave the lips of our mandatory spending unless you pay for ator is absolutely correct. Hopefully we friends on the other side of the aisle. will both be listened to. it, or you get a supermajority vote. The Senator from New Hampshire We will never hear the word ‘‘debt’’ I yield the floor. leave the lips of our President. Because The PRESIDING OFFICER. The Sen- said to us that pay-go is a stalking- horse for tax increases. That is not they know these facts and I know these ator from North Dakota. facts. The ‘‘debt’’ is growing much fast- PAY-GO true. Pay-go is a stalking-horse for budget discipline. He himself said as er than the size of the deficit. It is the Mr. CONRAD. Mr. President, I come debt that is the threat. to the Senate to respond to my col- much 5 years ago. The Republicans—at least some As we have indicated, increasingly league, the Senator from New Hamp- now—say that tax cuts are treated un- we are borrowing it from abroad. Last shire, with respect to the issue of pay- equally because they do not continue year we borrowed 65 percent of all the go. People deserve to hear the other indefinitely in the baseline. Why is money that was borrowed by countries side of the story. that? It is because our friends on the in the world. The next biggest borrower I say to my colleague from New other side sunset the tax cuts in order was Spain, at one-tenth as much as we Hampshire, who has left the Senate to jam more of them into a period of borrowed. floor, that is one of the most creative time. The hard reality is, we are on a colli- presentations on pay-go I have ever Now they say, after they are the ones sion course because none of this adds heard. And very little of it matches the who constructed these sunsets, gee, up. The result is, we borrowed over $600 description I would give of pay-go. there are sunsets on these tax cuts. billion from Japan. We borrowed over The first thing I point out, the Sen- Guess what. They are the architects of $300 billion from China. We borrowed ator from New Hampshire used to be a the sunsets. They are the ones who over $200 billion from the United King- strong supporter of pay-go. In fact, this wrote the sunset provisions into the dom. We have even now borrowed $50 is what he said in 2002, 41⁄2 years ago: law. If they had not used reconcili- billion from our neighbors to the north The second budget discipline, which is pay- ation—which is a large word that sim- in Canada. In fact, we now owe Mexico go, essentially says if you are going to add a ply means special provisions here to over $40 billion. new entitlement program or if you are going avoid extended debate—to avoid Sen- to cut taxes during a period, especially of Look, their fiscal prescription has deficits, you must offset that event so that it ators’ right to amend to put pressure failed—failed completely—and the becomes a budget-neutral event that also on the Senate to act in a very short pe- question is, Do we change course? I be- lapses. riod of time, if they had not used those lieve we must. Part of changing course . . . If we do not do this, if we do not put special provisions then, the tax cuts is to go back to the pay-go discipline back in place caps and pay-go mechanisms, would be part of the baseline on an on- we had in previous years. That pay-go we will have no budget discipline in this Con- going basis. They are hoisted on their discipline—and I want to repeat—says gress, and, as a result, will dramatically ag- own petard. That is the reality of what gravate the deficit which, of course, impacts this very clearly: If you want new tax is occurring. cuts, you have to pay for them. If you important issues, but especially impacts So- Now, the Senator from New Hamp- cial Security. want new mandatory spending, you shire said there has been an explosion He was right. Now we have seen a have to pay for it. If you do not pay for of revenue under their watch. No, there it, in either case you have to get a dramatic transformation in his posi- hasn’t been. Last year we got back to supermajority vote. tion. He was exactly right. the revenue base we had in 2000. It has Look at the evidence. He said it taken all this time to get back to the Let me just make clear on middle- would aggravate the deficits if we did revenue base we had then. class tax cuts, I believe we ought to not have pay-go. We can now look at What the Senator is talking about is pay for them to extend them, but even the record. We have now been 6 years shown on this chart. Here are the real if you did not, there is no question you without effective pay-go discipline in revenues of the United States, and we would command a supermajority vote this Senate. What has happened? The can see there has been virtually no on the floor of the Senate. There is no debt of the country has exploded. The growth since 2000. In 2000 we had just question that you would get 60 votes debt is now $8.5 trillion and it is headed over $2 trillion of revenue. They put in for the 10-percent bracket, 60 votes for for $11.6 trillion under the budget plan their tax cuts in 2001 and revenue de- childcare credits, 60 votes to end the our colleagues on the side opposite of- clined. It declined more the next year. marriage penalty. We know you would fered in this Senate. It declined more the next year. And it command 60 votes on any one of those. They did exactly what he predicted stayed down the fourth year. Only in I personally think we ought to pay for almost 5 years ago without pay-go dis- 2005 did we start to get close, and only it. But pay-go does not require that cipline. Deficits and debt have ex- in 2006 did we get back to the revenue you pay for it if you can command a ploded, and increasingly this debt is base we had in 2000. supermajority. What our friends on the being financed from abroad. In fact, it Now, just because they cut the rev- other side are worried about are the took 42 Presidents—all these Presi- enue base did not stop them from in- outsized tax cuts for the wealthiest dents pictured here—224 years to run creasing spending. They increased among us because they believe, and up $1 trillion of U.S. debt held abroad. spending 40 percent during this same perhaps rightly, that you could not get This President has more than doubled period. The result was, as I have shown 60 votes to extend those, which means that amount in just 5 years. in the previous charts, an explosion of you would have to pay for them, which, The absence of pay-go or effective deficits, an explosion of debt. in the context of the growth of deficit pay-go is not the sole reason for this, Here is what happened to the deficits. and debt, probably makes perfect but it is one reason. The Senator from Here they are. They inherited budget sense.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S272 CONGRESSIONAL RECORD — SENATE January 9, 2007 What is most interesting is the would not even suggest it is the major It would be one thing if a Member of change in my colleague’s position be- part. What is really lacking around the Senate, such as the Senator from cause, as I indicated, 5 years ago these here is will. What is really lacking Rhode Island or the Senator from Iowa, were his statements. I will end as I around here is telling the American felt very strongly about something and began. Five years ago my colleague people the truth about our fiscal condi- they came to the floor and said: I am said: tion, and only if we tell them the truth going to do everything I can to block it The second budget discipline, which is pay- will they respond with the urgency because I don’t think it is in the public go, essentially says if you are going to add a that circumstances require. interest and I am opposed. That is one new entitlement program or you are going to I very much hope we are going to be thing. It is quite another thing for a cut taxes during a period, especially of defi- truth tellers in this Congress and we Senator to exercise the power and to cits, you must offset that event. are going to go to the American people keep something from even coming be- That is what pay-go does. That is ex- and be frank with them about this fore this body in total secrecy. When actly what he said 5 years ago. He was buildup of debt and the risks it creates he was asked why he robbed banks, right then. He is wrong now because he for our country and the fundamental Willie Sutton said, ‘‘That’s where the has changed his position. He said then: challenge it presents to our long-term money is.’’ The reason I and Senator If we do not do this, if we do not put back economic security. The one place I GRASSLEY have called for openness in place caps and pay-go mechanisms, we agree entirely with the Senator from with respect to holds is we believe the will have no budget discipline in this Con- secret hold is where the power is. gress. . . . New Hampshire is that the long-term entitlement programs must be re- We particularly want to reduce the He went on to say: power of lobbyists who so often hot- formed because we face a demographic . . . and, as a result, we will dramatically wire, the way things work here in the tsunami: the retirement of the baby aggravate the deficit which, of course, im- Senate, to block everything through a boom generation. Make no mistake, it pacts a lot of important issues, but espe- secret hold that the public knows noth- is going to change everything. This is cially impacts Social Security. ing about. Getting a Senator to put a The tragedy is, they gutted pay-go. fundamentally different from anything secret hold on a bill is akin to hitting They gutted it. And the result is pre- we have seen before. And this is not a the jackpot for the lobbyists. Not only cisely what he predicted at the time. projection because the baby boomers is the Senator protected by a cloak of The deficits and the debt have ex- have been born. They are out there. anonymity but so are the lobbyists. A ploded. They are alive today. They are going to secret hold, in fact, can let lobbyists What the House has tried to do and retire. They are going to be eligible for play both sides of the street. They may what we will try to do here is restore Social Security and Medicare. have multiple clients. They may have some basic budget discipline. Pay-go is The hard reality is, we cannot foot multiple interests, and they can figure one part of that. It is not the only part. the bill for all the promises that have out how to orchestrate a victory with- It is not the salvation to our budget been made by past Congresses. The out alienating potential or future cli- woes, but it is a tool that will help. It Senator from New Hampshire is dead- ents. This is one of the most powerful helped in the 1990s. It will help now. It on on that issue, and he and I and oth- tools a lobbyist can have, and it is par- does not require tax increases. That is ers are going to work our very best to- ticularly powerful at the end of a ses- just a false statement. It does not re- gether to try to address these long- sion in the Senate. quire tax increases. It says if you want term challenges. We are delighted that the Presiding new tax cuts, you have to pay for them I thank the Chair and yield the floor. Officer, the new Senator from Rhode or get a supermajority vote. I suggest the absence of a quorum. Island, is here. He will see what it is He says there are no spending re- The PRESIDING OFFICER (Mr. like at the end of a session. Suffice it straints. Wrong again. In pay-go, it WHITEHOUSE). The clerk will call the to say that it is pretty darn chaotic. says very clearly that you cannot have roll. Measures and proposals are flying new mandatory spending unless you The legislative clerk proceeded to every which way, and through a secret offset it. And if you cannot offset it, call the roll. hold you can keep something from ever you have to get a supermajority vote. Mr. WYDEN. Mr. President, I ask being heard at all. What I was struck That is the kind of budget discipline we unanimous consent that the order for by when I had a chance to come to this need. That is the kind of budget dis- the quorum call be rescinded. distinguished body is that in a number cipline we have had in the past, and it The PRESIDING OFFICER. Without of instances in the past, it has not even led us from major deficits—in fact, objection, it is so ordered. been a Senator to exercise one of these record deficits at the time—to record Mr. WYDEN. Mr. President, I ask secret holds; it has been a member of a surpluses. unanimous consent to speak as in staff—a personal staff or committee To say pay-go is a stalking-horse for morning business. staff—or somebody else. So what you tax increases is just false. Pay-go is a The PRESIDING OFFICER. Without have is this extraordinary power exer- budget process tool that is designed to objection, it is so ordered. cised by someone who doesn’t even help bring some discipline back to this Mr. WYDEN. Mr. President, if you have an election certificate. I think body, to keep us from running up this walked down the main streets of Or- that is an abuse of power, and that is massive debt. If you think about it, in- egon or Rhode Island or anywhere else what I and Senator GRASSLEY have creasingly we are financing these defi- in our country and asked what a secret sought to change. cits and debt abroad. Fifty-two percent hold was, my guess is that most citi- We want to make it clear we are not of our debt now is being financed zens would have no idea what it was, or trying to reduce the ability of a Mem- abroad. As a result, we have doubled maybe they would think it is some ber of the Senate who feels strongly foreign holders of our debt in just 5 kind of hairspray or maybe a about a measure to make sure they can years. That is an utterly unsustainable smackdown wrestling move. weigh in and be heard on that par- course. But the fact is that a secret hold is ticular concern. Under our proposal, What could it mean? Well, if these one of the most powerful tools that ex- you are not going to have the end of countries which are now advancing us ists in our democracy. I and Senator holds. In fact, last year, I put a public hundreds of billions of dollars decided GRASSLEY have worked for a decade to hold on something I felt very strongly to diversify out of dollar-denominated ensure that if a Senator puts a hold on about. securities, what would we have to do? a piece of legislation, they would have Mr. President, I am sure the Chair We would have to raise interest rates to do it in the open. They would have heard about it in the course of his ex- in order to attract the capital to float to do it in a way that was considered perience over the last couple of years. this boat. That is what we would have accountable. A hold in the Senate is, in I felt very strongly about protecting to do. That would have very serious fact, what it sounds like; it keeps a Internet democracy and making sure consequences for our economy. That is piece of legislation or an important there wasn’t discrimination against why we cannot continue on this course. measure from coming up. In some in- those who use the Internet. A piece of Pay-go is one part of the solution to stances, it can affect millions of people legislation passed the Senate Com- these problems. It is only one part. I and billions of dollars. merce Committee that, in my view,

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S273 would be very detrimental to Internet ators an opportunity to learn more those merits for myself any better than users. Right now, you pay your Inter- about a piece of legislation and work Senator WYDEN has done. I don’t intend net access charge and you go where together on a bipartisan basis. But to try to attempt to do that, but I will you want, when you want, how you what we do feel strongly about is when give you my version of why this is a want. Nobody faces discrimination. Senators weigh in, when they make it very important issue. In doing this, I That would have changed under the bill clear they are going to block some- fully support everything Senator that was passed by the Senate Com- thing, as I sought to do—and, fortu- WYDEN has said, and I associate myself merce Committee. So I came to the nately, I was successful on the commu- with those remarks. floor of this body a few minutes after it nications debate last year—when Sen- As an extension of what he said, I passed committee, and I announced I ators weigh in and they want to block will say for myself, every Senator does was putting a public hold on that legis- something that can affect, as that par- have a right and, if he or she is rep- lation because I wanted to do every- ticular bill would have, billions of dol- resenting their constituents, ought to thing in my power to make sure that lars and millions of people, then every- exercise this right to object to a unani- the Internet, as we know it today, one ought to know who is going to be mous consent request to bringing mat- would continue. So anybody who dis- held accountable. ters before the Senate that they might agreed with me—and as the Presiding I see my good friend from Iowa. Simi- feel are detrimental to their constitu- Officer knows, the cable and phone lob- lar to myself, he has put a full decade ency or detrimental to the good of the bies were spending millions and mil- into this campaign for a new openness country. Of course, an extension of lions of dollars on advertising. They in the Senate, for more sunlight in the unanimous consent is putting a hold as could tell who was accountable because Senate. We will have to continue to a way of protecting that right. while I was exercising my hold, every- prosecute our cause as the debate goes Since Senators cannot be on the floor body knew about it. It wasn’t done in forward, and we still have a conference all the time, a hold is essentially a way the dead of night, wasn’t done by with the other body. I think the fact of putting the leaders on notice that a skulking around in a fashion where that this has been included as a result Senator intends to object to a unani- there was no way to hold somebody ac- of the strong support of Senator REID, mous consent request to proceed to a countable. I came to the floor of the the majority leader, and the Senator matter. Of course, I have exercised, and Senate. from Kentucky, Mr. MCCONNELL, is a the Senator from Oregon has said he I see my good friend, the distin- strong blow for the cause of open Gov- has exercised, putting on holds for var- guished Senator from Iowa. When he ernment and accountability. ious reasons. For a long time, I have and I started working on this, he said: With that, I yield the floor and look made my holds public by putting a forward to the remarks of my partner I am going to try this. I think doing very short statement in the CONGRES- in this whole effort, the Senator from public business in public is the way to SIONAL RECORD of why I was holding Iowa. go and, by the way, I don’t think this something up, No. 1, because I think Mr. GRASSLEY. Mr. President, I is going to hurt. I don’t think it is the public’s business ought to be pub- compliment the Senator from Oregon, going to bite you. I remember the lic, and, No. 2, because I am saying Senator WYDEN, for being a bulldog on words of the distinguished Senator this issue and working so closely with holds ought to be public, so it would be from Iowa because he and others have me. Besides complimenting him on his unethical for me to have a secret hold, seen it. We have had a number of col- efforts, and finally being victorious on and No. 3, people who disagree with my leagues on both sides of the aisle join these efforts, it gives me an oppor- hold ought to have an opportunity to us in this effort, including Senator tunity to say to the country at large, discuss with me why they think their INHOFE, who has been a strong sup- people who generally believe that ev- position is right, and I ought to have a porter, and Senator SALAZAR from Col- erything done in Washington is done on right to discuss with them why I think orado, a strong supporter. It is almost a partisan basis, this is an example of something ought to be changed in their as if there is a new openness caucus where one Democrat and one Repub- bill or some reason I am holding it up, that has come together in the Senate lican, working together, have been suc- so one can talk and know they are get- behind the simple proposition that cessful, and we have been working to- ting together to solve the problem so Senator GRASSLEY has stood for and gether. So everything in Washington is the work of the Senate can be done. that is that public business ought to be not partisan. Since I have done that, I have to say done in public. Senator GRASSLEY and I Also, I think it brings to a point that I fully support the right of Senators to have worked for a full decade to bring as far as the Senate is concerned, as place holds on items that they do not this about. opposed to the other body, the fact consent to consider. However, a Sen- We are very pleased that as a result that this probably would not have got- ator has no right to register an objec- of the bipartisan cooperation between ten done if it had not been done in a bition anonymously. That has not been the distinguished majority leader, Sen- partisan way. For things to be success- that way for decades in the Senate be- ator REID, and the distinguished minor- ful in the Senate, it takes some bipar- cause some Senators feel that the pub- ity leader, Senator MCCONNELL, it has tisanship and the broader the biparti- lic good ought to require that some- been included in the legislation in the sanship the better. But also as a sub- times things ought to be done in se- ethics bill before the Senate. Senator stitute for bipartisan opposition to cret. I don’t happen to agree with that GRASSLEY and I know that no matter what we are doing, our bulldogging this thought. So I am taking the position what you put into law, there will be ef- issue for a long period of time has prov- that the public’s business ought to be forts by some, we are sure, to try to en to override the bipartisan opposi- public. find a way to get around it. But I will tion to it because when we put an issue If I could expand on that a little bit, tell you that we have seen such an such as this to public debate, common I suppose there are some legitimate ex- abuse of this practice in recent years, sense has to prevail. ceptions to it, but except for the pri- where Senators in secret can avoid any Getting back to what Senator WYDEN vacy laws, except for national security accountability at all. It seems to me quoted me as saying over the last sev- and connected with that maybe our in- that this legislation that is part of the eral years, that the public’s business telligence operation and maybe in the ethics package that requires a Senator ought to be done in public, that people case of executive privilege—meaning who weighs in on a measure to be held who are surreptitiously trying to do people who are in the White House very publicly accountable is long overdue. things and then try to explain that to close to the President—I think there is We have allowed, particularly through the public, the public is not going to no reason for business not to be public. the help of the Senator from Maine, buy into it. But the public does buy That is, 99 percent of the rest of the Ms. COLLINS, that it will be possible for into doing what the public thinks Con- business that the Federal Government Senators to consult on measures very gress is all about, and that is being a does, from my point of view, ought to easily. very public body because we are rep- be public. Senator GRASSLEY and I have no in- resentatives of the people. In practice, a hold can prevent a tention of blocking the ability to con- I say those things aside from the measure from coming before the Sen- duct those consultations that give Sen- merits of the issue. I cannot express ate indefinitely. This gives tremendous

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S274 CONGRESSIONAL RECORD — SENATE January 9, 2007 power to a single Senator that no sin- thanks to Senator LOTT who, over a pe- So it is a prohibition on Government gle Senator should be able to exercise riod of couple of years, has been work- negotiating. It is not a prohibition on for a very long period of time, maybe ing with us. I, also, wish to give credit negotiation. It is very important be- in the purist way—but in the less pure to the President pro tempore, Senator cause it is not the Government agency way should not be able to exercise se- BYRD, who a couple years back gave us itself that is doing the negotiating. It cretly because the public’s business some encouragement along this line. is the private prescription drug plans ought to be done in the public. I hope, now that everything is com- that are doing the negotiation. There is no good reason why a Sen- ing together, that within a few short That may surprise some people who ator should be able to singlehandedly weeks we can have a very open process have heard about the so-called prohibi- block the Senate’s business without of making holds public, bringing people tion on negotiations. Of course, price public accountability. For several together and producing results in the negotiations occur on drugs provided years now, as I have said, I have prac- Senate because of one giant step we are to Medicare beneficiaries. Those nego- ticed using holds for various reasons, taking here. tiations occur between the prescription but I placed a statement in the RECORD Doing away with holds might not drug plans and the manufacturers. We of why I was doing it. sound like one giant step, but it is have a precedent for this. The plans are We must have transparency in the from the standpoint if you knew what run by organizations experienced in ne- legislative process for the right of the the four-letter word ‘‘hold’’ does to the gotiation with drug manufacturers. public to know what we are doing but legislative process around here, it They deliver prescription drug benefits also to expedite the public’s work. The grinds everything to a halt—every- to millions and millions of Ameri- use of secret holds damages public con- thing to a halt. Try to explain to your cans—in other words, meaning millions fidence in the institution of the Sen- constituents back home that some Sen- and millions of Americans beyond senate. I figure a secondary, subsidiary ator has a hold on a bill and try to ex- ior citizens—and including this 50-year benefit of what we are doing is when plain that is why we can’t get some- precedent of it being done for Federal people get the idea that we are not try- thing done. They wonder what planet employees through the Federal Em- ing to do something secret, that the we come from. It is very difficult to ex- ployees Health Benefit Plans. As I said yesterday, competition public’s business is public, they are plain. among the plans to get the best price is going to be less cynical about the insti- We are still going to have holds, we working. We have lower than expected tutions of Government generally. The still have to explain it, but at least I bids and cost of premiums and lower less cynicism we have, the more con- can say to people it is Senator SMITH than expected costs for the Govern- fidence people are going to have in the or Senator Jones or Senator Wilson ment as a result. So not only is it sav- institutions of Government and the who has a hold on the bill, and I am ing the senior citizens money, as it has better our Government is going to op- going to talk with them and see what been saving Federal employees money erate, the better the representative we can do about it and get something done. for 50 years, but also lowering costs to system of Government is going to oper- I compliment the Senator from Or- the taxpayers because there is some ate. egon very much and hopefully the Sen- subsidy for seniors in the Medicare pre- But where does less cynicism start? ate is going to work better. scription drug program. It doesn’t start necessarily with chang- Mr. GRASSLEY. Mr. President, I Most importantly, we have lowered ing the rules. It starts with people such wish to speak as in morning business prices on drugs for beneficiaries. For as Senator GRASSLEY, Senator WYDEN, for such time as I might consume, and the top 25 drugs used by seniors—so I and Senator WHITEHOUSE because when for other Members, it will be in the am just taking the top 25 drugs used— we do things in the way the public ex- neighborhood of about 25 minutes. the Medicare prescription drug plans pects us to do them and more Senators The PRESIDING OFFICER. Without have been able to negotiate prices that do that all the time, Senator by Sen- objection, it is so ordered. on average are 35 percent lower than ator we are going to reduce the cyni- f the average cash price at retail phar- cism and enhance public respect for the macies; 35 percent lower. The purpose MEDICARE DRUG BENEFIT institutions of Government. of the prohibition on Government ne- The purpose of the underlying bill be- Mr. GRASSLEY. Mr. President, I am gotiation—in other words, getting back fore the Senate is to provide greater back again tonight to talk about the to what is referred to as the noninter- transparency in the legislative process. Medicare drug benefit. As I said yester- ference clause—is to keep the Govern- Therefore, the amendment by Senator day, the 110th Congress will consider ment from undermining these negotia- WYDEN and this Senator from Iowa is a legislation that would fundamentally tions that have been so successful and natural extension of that purpose. It is change the benefit. The public and to keep the Government out of the quite appropriate that this underlying Medicare beneficiaries need to fully un- medicine cabinet. bill include disclosure requirements for derstand the proposed changes and how I have lost count of the number of holds that he and I have been working they would affect them. times I have talked about this soon for several years. When we talk about the public and called prohibition that is not a prohibi- In the process, we have to com- Medicare beneficiaries, remember, for tion on negotiations, because negotia- pliment Senator REID for including the most part, we are talking about the tions are going on every day. I am not this in the underlying bill and Senator senior citizens of America and people easily discouraged and that is why I MCCONNELL, and I am not sure how who are on Social Security disability. am here talking tonight on this sub- they individually felt about this in the Yesterday I spoke about how the ben- ject. I prefer to debate more sub- past. But I think it is very clear that efit uses prescription drug plans in stantive issues, but unfortunately that with the vote we had last year—I think competition to keep costs down and is not the case. The debate that went it was in the mid-eighties—of Senators how well that has worked. Today I on during the campaign, the debate who support what we are doing, it is a want to get to the crux of this debate, that went on in some speeches on the foregone conclusion that regardless of the so-called prohibition on Govern- floor in the last Congress, and the de- how leaders might feel about it, if they ment negotiation with drugmakers. bate that will come here on the Senate were on the other side, they were very Opponents of the Medicare drug ben- floor in the next 3 weeks, is in fact a much in the minority. efit have twisted the law to come up shell game. It is about distortion of the Realism finally comes through when with their absurd claim that Medicare language of the law, it is about manip- we have consistency and determina- will not be negotiating with ulation of beneficiaries and, in turn, tion, as Senator WYDEN has dem- drugmakers. They misrepresented the the public, and it hinges on the conven- onstrated and that vote demonstrates, noninterference clause. The language ient lapse in some people’s memory and it is a tribute to our leaders that if does not prohibit Medicare from nego- about the history of this noninter- they don’t necessarily like what we are tiating with drugmakers; it prohibits ference clause. What I want to do today doing, that they have included it in the Government from interfering in ne- is remind people about the history. their legislation. Obviously, I have to gotiations that are ongoing all the We are going to take a little trip give thanks to them. I, also, give time. down memory lane. For our first stop

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S275 on memory lane, let me take a second when you offer prescription drugs to peared as a suggestion of President to read something to you. This is a the senior citizens of America. Clinton, but it was introduced the first quote from someone talking about Does this ring any bells? It should, time, and this was the language. But S. their own Medicare drug benefit pro- because it is the same framework used 2342 was not introduced by Repub- posal. in today’s Medicare prescription drug licans. It was introduced by my es- Under this proposal, Medicare would not benefit—and I had a hand, as a con- teemed colleague and friend, the late set prices for drugs. feree, in writing that. Private negotia- Senator Moynihan. One month later Let me start over again because that tions with drug companies—and it is there was S. 2541 introduced. I will read first sentence needs to be emphasized: based on a nearly 50-year history of the some language of that bill. Here I go to Under this proposal, Medicare would not Federal Employees Health Benefit the first chart I have. I have four set prices for drugs. Prices would be deter- Plan. charts coming up. mined through negotiations between the pri- Here is another interesting spot on (B) Noninterference . . . The Secretary vate benefit administrators and drug manu- memory lane—if I could digress for a may not— (1) require a particular formulary, insti- facturers. . . . minute for the benefit of Members who tute a price structure for benefits; The person who said this clearly keep ringing up about a doughnut (2) interfere in any way with negotiations wanted private negotiations with drug hole—separate from the issue of pricing between private entities and drug manufac- companies for Medicare benefits. He drugs and negotiating. I thought it turers or wholesalers; or was proposing, and I want to quote would be good to remind people. The (3) interfere with the competitive nature of Clinton plan had a coverage gap as providing a prescription drug benefit again from this person—and I am soon through private entities. going to tell you who that is— well. It had a doughnut hole, as we refer to it, like the bill eventually That wasn’t a Republican bill, either. . . . negotiations between private benefit It was introduced by Senator Daschle, administrators and drug manufacturers. signed by President Bush in 2003. Like many others, the new Speaker of the who was joined by 33 other Democrats, So I am taking that quote out of the including Senators REID, DURBIN, and previous quote for a way of emphasis. House has questioned why one would pay premiums at a point in time when KENNEDY. For instance, 33 Senate Negotiations would go on between private you are not receiving benefits. In other Democrats cosponsored language for a benefit administrators and drug manufactur- bill that they now find not to their lik- ers. words, when you are in the doughnut hole. It happens in the private sector, ing. I don’t understand it. It turns out In other words, not involving the that the Democrats did not want Gov- Government. So it could not be more in a lot of different insurances. That is how insurance works. Go look at any ernment interfering in the private sec- clear what this person had in mind tor negotiations, either. They recog- when he was proposing legislation a homeowner’s policy and auto policy or even the Part B of Medicare. You pay nized then that the private sector few years ago. You are going to be would do a better job. They recognized shocked to hear who said this. For premiums to have coverage, and that is also how President Clinton’s plan then what President Clinton recog- those who thought President Bush said nized: something that had worked 50 it, they are wrong. The quote is from would have worked if it had been passed in 1999 instead of 2003. years for Federal employees could be none other than President Clinton. allied to senior citizens and Medicare President Clinton made that comment In Sunday’s Washington Post, Speak- er PELOSI was quoted on her thoughts as well and maybe do it better. And as part of his June 1999 plan for they didn’t want the Government, strengthening and modernizing Medi- about having a doughnut hole. She said: some bureaucrat, messing it all up. At care. President Clinton had in his idea, that time, they didn’t want the Gov- How could that be a good idea unless when we were going to strengthen and ernment in their medicine Cabinet, ei- modernize Medicare with a prescrip- you’re writing a bill for the HMOs and the pharmaceutical companies and not for Amer- ther. tion drug program, that we ought to ica’s seniors? In June 2000, two Democratic bills have negotiations done by the private Maybe she was referring to President were introduced in the House of Rep- sector, not by the Government. Clinton’s plan. As I said, President resentatives that also included the President Clinton went on to say Clinton proposed this plan in June of noninterference language. One was in- that under his plan: 1999. On April 4, 2000, in a bill that is troduced by Dick Gephardt. That bill Prices would be determined through nego- listed as S. 2342, the Medicare Mod- had more than 100 cosponsors, includ- tiations between the private benefit adminis- ing then-Representative PELOSI, now trators and drug manufacturers. ernization Act introduced here in the Senate, S. 2342 from that year, 2000, Speaker of the House, but it also in- Quoting further: would have created a drug benefit ad- cluded Representatives RANGEL, DIN- The competitive bidding process would be ministered through benefit managers. GELL, and STARK. I want Members to used to yield the best possible drug prices It even had the same title as the Medi- know I worked very closely on some and coverage. . . . care law that is now law. The Medicare health issues with DINGELL and STARK, And following the 50-year precedent I Modernization Act is the title in 2000. and I worked very closely with Con- have been referring to, he went on to It is the title of a bipartisan bill that gressman RANGEL on trade and tax say: is now law. So, here again, we have pri- issues. That language included in H.R. 4770, . . . just as it is used by large private em- vate negotiations with drug companies. introduced by Representative Gephardt ployers and the Federal Employee Health It sounds familiar. It is like today’s and supported by more than 100 House Benefit Plans today. Medicare drug benefit. Democrats, was almost identical to the That is the end of the quote from Here is another important stop down language in Senator Daschle’s bill. So President Clinton. our memory lane. This bill, which I re- we have 33 Senate Democrats, we have President Clinton also described his ferred to as S. 2342 previously, included 100 House Democrats supporting the plan as using private negotiators be- the following language. ‘‘Noninter- cause: noninterference language. ference,’’ nothing in this section or in Here is a chart with the text of the These organizations have experience man- this part shall be construed as author- noninterference clause included in aging drug utilization and have developed izing the Secretary to: numerous tools for cost containment and what is now Part D, the prescription require a particular formulary or to insti- utilization management. drug part of Medicare, referring to it tute a price structure for benefits; (2) inter- again under its official title, the Medi- This is a President whom a lot of fere in any way with negotiations . . . or (3) people would believe, because he comes otherwise interfere with the competitive na- care Modernization Act. from the Democratic Party, has great ture of providing a prescription drug benefit It says: faith in big Government, that he would through private entities. (B) Noninterference—in order to promote not be suggesting these things. But This is the first bill, the very first competition under this part and in carrying out this part, the Secretary— when you have a precedent of 50 years one where the noninterference clause (1) may not interfere with the negotiations of it working for Federal employees, he appeared. You could say it is the sec- between the drug manufacturers and phar- believed it was good enough to use ond time it appeared because it ap- macies and PDP sponsors; and

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S276 CONGRESSIONAL RECORD — SENATE January 9, 2007 (2) may not require a particular formulary the Senate for the last several days care prescription drug Part D Program or institute a price structure for the reim- talking about Medicare prescription does not guarantee the formulary. The bursement of covered Part D drugs. Part D, which he played a major role in formulary can literally change by the It sounds exactly like what was in- creating. I know he feels the program month, and a senior can find that a troduced in the Democratic bill. If we as passed into law should not be valuable and important drug they compare this language to the Gep- changed—or at least not along the signed up for is no longer covered. hardt-Pelosi language, the Medicare lines many suggest. However, I ask this Mr. GRASSLEY. If you want to say Modernization Act provisions have 26 question: Does the Senator believe that for a period of a year or beyond a year, fewer words. Compare it to the the current program at the Veterans’ the answer is yes, but for 12 months, Daschle-Kennedy noninterference Administration which allows that no. But also remember that every year clause—the Medicare Modernization agency to bargain for bulk discounts the Secretary of Health and Human Act has 10 fewer words. It sounds as if on behalf of our veterans to reduce the Services has to approve these plans, sponsors of those bills were pretty con- prices of the drugs they buy for our and there are certain basic needs they cerned about the potential of Govern- veterans is a good policy? have to meet. One of those basic needs ment interference. Mr. GRASSLEY. In the sense of what that is in the law that is not in the VA Last week, the senior Senator from we can afford for veterans, we ought to program is a requirement that every Illinois described the Medicare law en- think in terms of that we cannot afford therapy be available. acted in 2003 as being written by the enough for veterans who put their lives Mr. DURBIN. I say to the Senator pharmaceutical industry. But the non- on the line. from Iowa, it has been my experience, interference clause first appeared in When we have appropriated accounts, working with my seniors, that every legislation introduced by Democrats there are some limits, as opposed to an plan does not offer every drug. who now oppose the same provision entitlement such as Medicare, but it is Mr. GRASSLEY. That is true, but that is law. not as good as what seniors have under every therapy is available. Since the opponents of the Medicare this because there are several therapies Mr. DURBIN. That is the same situa- drug benefit always say that the non- the Government will not pay for under tion the VA faces. The VA may say to interference clause is proof that the the veterans program we pay for under that veteran: We believe you should drug industry wrote the law, my ques- Medicare. From that standpoint of the have a generic drug. The veteran may tion is, If that is what you think, did quality of the program, based upon the prefer a brand-name drug which is the pharmaceutical industry also write therapies that are available, it is not more expensive, but the plan provides the bills that you had put in over the as good as what we have in Medicare. the therapy through a generic drug. So previous years going back to the bills I Mr. DURBIN. Would the Senator ac- in that way, it parallels what the Sen- have referred to that were introduced knowledge the fact, though, that the ator is describing under Medicare pre- by Democrats? I bet you wonder just Veterans’ Administration, because it scription Part D. how many Democratic bills contain can bargain on behalf of all veterans What I am suggesting, what we are that now infamous ‘‘noninterference and obtain bulk discounts, saves suggesting on this side of the aisle, is clause’’—the prohibition, in other money not only for the veterans who not to foreclose the possibility that words, on Government negotiating. I have a timeline. As this chart are provided with these drugs but also private plans will continue to offer op- shows, the prohibition on Government for our Government; that the pharma- tions under Medicare prescription Part negotiation—the noninterference ceutical companies, anxious to provide D. What we are trying to add is some- clause—has been in seven bills by drugs to millions of veterans, will give thing that was debated at length and Democrats between 1999 and 2003. That bulk discounts that will benefit both rejected when the bill was written; is in addition to the point I make clear the Veterans’ Administration and the that is, to allow Medicare as an agen- of where the last Democratic President veterans? cy, as a program, to offer its own pre- was on this subject: right where the Mr. GRASSLEY. The answer is yes. scription drug program for seniors, to law is today. Seven bills, including the But you get back to the person who bargain with pharmaceutical compa- bill introduced in the House on the came to one of my town meetings and nies to find the lowest prices possible same day as H.R. 1, which is now the said: The doctor said I ought to have and then allow the seniors to make the law. this prescription. Why won’t the Vet- choice: either take the Medicare ap- First it was in the Moynihan bill in erans’ Administration pay for it? I proach or take a private approach. It 2000. There was a Daschle-Reid-Ken- have to have this one, according to the gives more choices, not fewer. nedy bill. That was followed in the Veterans’ Administration, and there is Mr. GRASSLEY. Mr. President, I say House by a bill introduced by Rep- some way it affects me that the other to the Senator, I want to comment on resentative ESHOO and then the Gep- one wouldn’t. the first part of what he recently said; hardt-Pelosi bill which has Representa- We have to take that into consider- that is, that what you say is true in re- tives RANGEL, DINGELL, STARK, and our ation as well. Yes, bulk discount gets gard to plans changing what drugs can colleague who then was in the House, drugs cheaper, but the Government is be offered. We require that every ther- Senator STABENOW now, as a cosponsor. not going to pay for every drug. You apy be available, but you are right, not Representative STARK then had his own are going to have the bureaucrat in the every drug is available. And you want bill, and the senior Senator from Or- medicine cabinet of the veteran, and what the VA has because it might be egon introduced his bill in the Senate. the bureaucrat is not today in the med- better. Finally, in the House, Representative icine cabinet of the senior citizen. Now, let me point out then why our Thomas introduced a bill. I know what You also have to realize that, in addi- program is better. In the VA, 30 per- the response will be. It will be that tion to the VA having a limited for- cent of drugs are covered, 70 percent even though Democratic bills had near- mula, they also do not have the avail- not covered. In our program, if a senior ly exactly the same noninterference ability of the drug in the pharmacies finds him or herself in a plan where at language, practically word for word in the way we provide in this Medicare the end of the year it has changed, seven bills over a long period of time, Program. they have choices of several plans to go opponents now think that approach is Mr. DURBIN. Would the Senator to. The VA does not have that choice. no longer best for Medicare. It is sort from Iowa acknowledge the fact that There is no place a veteran can go. of like we supported it before we op- under the current Medicare prescrip- There is no place my constituents posed it. tion Part D, if a senior citizen in Iowa could go when they came to me and Mr. DURBIN. Will the Senator yield? or Illinois signed up for a specific pro- said: Why don’t you cover this drug? Mr. GRASSLEY. Of course I yield for gram, there is no guarantee the for- My doctor says I need it because of a question. We very seldom get a mulary they signed up for today will be what it does to me that the other one chance to debate. That is a welcome available to that senior next month or won’t—or just the opposite. opportunity. even next year? So if the Senator from Mr. DURBIN. If I could say to the Mr. DURBIN. I notice that my friend Iowa is concerned that the VA can’t Senator from Iowa, I have found my and colleague from Iowa has been in guarantee all drugs, the current Medi- veterans to be very happy with the VA

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S277 program. It is a very affordable pro- from Iowa would grasp that as a good cept of freedom. And I know the Sen- gram. option. It means the private insurance ator from Iowa embraces that concept. Mr. GRASSLEY. I have, too, so I companies would then have to do their I hope he will consider our approach. agree with the Senator. best to compete with Medicare. If Mr. GRASSLEY. So I cannot at- Mr. DURBIN. It is growing dramati- Medicare offers a better plan, seniors tribute this specifically to the Senator cally in size, which suggests more vet- can take it. If it does not, they can from Illinois, but the Senator is talk- erans are using it. But going back to take private insurance options that are ing about choice now, and if there is Medicare Prescription Part D, we are currently available. anything people have choice on, it is not suggesting that Medicare offering Mr. GRASSLEY. If it is a good idea, all the plans that are available. But its own program as an option is going I think the Senator from Illinois would from your side of the aisle, starting in to be mandatory on seniors. It is still do the consumers more good by offer- 2004, all I heard was there was too their decision whether they want to ing a Government program to compete much choice, too much choice, too use the Medicare approach—which we with Wal-Mart, maybe. many plans. are supporting on this side of the aisle, Mr. DURBIN. I would say, when it So I do not know for sure if you and which allows for these discounted comes to the Medicare program, we your party know where you are coming drugs—or if they feel a private plan is know this was created by the Senator’s from, whether choice is OK, how much better for them, better for their needs, committee. And I salute him for his choice is OK. Maybe you are leading us better for their pocketbook. It is just a leadership. But it is in fact a Govern- down the line where we are going to consumer choice. But that choice is ment program. In fact, it is a program end up, if you get too much Govern- not available today. that is subsidized by our Federal Gov- ment interference, we will not have Medicare cannot offer to the seniors, ernment. It is not just allowing little, choice. under Medicare Prescription Part D, an private entities to compete. We provide Mr. DURBIN. I would say to my col- option. What is wrong with Medicare a subsidy to them. We have con- league, when it comes to this issue, my offering that option and competing structed a plan which has a doughnut experts are pharmacists. Just like so with these private insurance compa- hole where there is a period of no cov- many towns in Iowa, there are many nies? erage. We have constructed an ap- towns in Illinois where the drugstore Mr. GRASSLEY. Well, can I ask a proach that some seniors find very pharmacy is a community center, and question without answering the Sen- hard to understand. But regardless, it people come to trust their druggist, ator’s question? is a Government creation. What we are trust their pharmacist. What I did, as Mr. DURBIN. Certainly. Of course. suggesting is a Medicare option is not Medicare Prescription Part D came on Mr. GRASSLEY. Because I was very unreasonable. It still leaves the final line, was to visit those drugstores and joyful the Senator was coming out choice in the hands of the seniors. sit down with the pharmacist. And I here. I saw him come out. I probably ir- They make the final choice what is will tell you quite candidly, many ritated him or something. best for them, what is best for their times they were dealing with seniors Here is what I was hoping we would family, and what is best for their budg- who had reached a point in life where a be debating. Because the whole point of et. lot of information was difficult to the last 2 days is: From President Clin- Mr. GRASSLEY. Mr. President, I evaluate, and they had to work with ton in June 1999, all the way through think I have to give a bottom line and their pharmacist to find the best op- bills that the Senator’s party intro- say it is working. Or if that is not good tion. duced in 2003, we had the noninter- enough for you—after 2 years—that it So if there was a criticism on our ference clause in it. I want you to is something that is working, it is side, it was the fact that there was so know I felt very comfortable adopting something that is needed, it is some- much information being given to sen- a Democrat noninterference clause in thing that Republicans got passed. And iors with a limited amount of time to my bill that is now law, and I was hop- we did not get it passed without Demo- make a decision. I think the Senator ing the Senator was going to come out cratic help, thank God—it was bipar- from Iowa would concede that some and give some justification why his tisan—otherwise we would not have seniors needed the help of family mem- party—mostly in his party; there were gotten it done. But for 4 years we were bers or pharmacists or counselors at some on our side who would agree— waiting for something to happen on senior centers to help them make this why his party would change its mind your side of the aisle. It did not hap- decision. after President Clinton thought that pen. But on the final analysis, I hope the what we have been doing for 50 years So could I end by saying one thing? Senator will be open to the concept was working so well in the Federal Em- In case my word is not so good, I would that if Medicare offers an option, it is ployees Health Benefit Program that quote from the LA Times. It is in re- just another choice for seniors. Take it he wanted to do it. And he said you get sponse to what the Senator said about or leave it. It is still ultimately their lower drug prices by doing it that way. the VA program. And I do not have any decision. Several bills—I think I said seven problems with the VA program. But it Mr. GRASSLEY. Mr. President, let bills—introduced by Democrats had the says here: me suggest to you that the committee same principle in it. And now you don’t VA officials can negotiate major price dis- that has jurisdiction over it, which I like it. I don’t understand why. I was counts because they restrict the number of am no longer chairman of, has a tradi- hoping that was why the Senator came drugs on their coverage list. In other words, tion of trying to work through things. out to debate. the VA offers lower drug prices but fewer I want you to know I am committed to Mr. DURBIN. Mr. President, I would choices. looking if there are better ways of say to my friend from Iowa, that is Now, do we want to give the seniors doing it. But I think it is pretty dif- why I was asking the questions because of America fewer choices? I think you ficult to argue with a program that has I think the questions get beyond the do. The route you are going, that is come in with senior citizens, by 80 per- word ‘‘noninterference’’ into the re- where you are going to end up. cent in more than one poll, saying they ality of the choice we are suggesting. Mr. DURBIN. Mr. President, I would are satisfied and, secondly, a pro- I do not believe it is an interference say to the Senator from Iowa, it is true gram—what Government program have to the rights of seniors eligible under that the VA formulary for eligible you ever seen come in without big cost Medicare Prescription Part D to give drugs is a more restrictive list. I do not overruns? them an additional choice. And that is know if that will be the same case This one has come in now with the all we are asking: Allow Medicare to when Medicare—if they are allowed latest projection by CBO that it is offer to the seniors another choice. to—offers an option. But ultimately going to cost $189 billion less than we They can reject it. They can accept it. the choice is in the hands of the sen- anticipated it would cost. And we got I do not think that is mandatory or iors. If they think the formulary that lower Federal costs. We got lower pre- interfering. is offered by Medicare is too restric- miums for the seniors. We got 35-per- I think, frankly, that a free-market tive, they do not have to choose it. It cent lower drug prices for the 25 drugs Republican such as my good friend is their ultimate decision. It is the con- most used by seniors. We got lower

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S278 CONGRESSIONAL RECORD — SENATE January 9, 2007 State costs, because the States do not have now demagogued on this issue for MORNING BUSINESS have to pick up the duel eligibles as 3 years. They had all that time to pre- Mr. REID. Mr. President, I ask unan- they used to. pare their proposals. What has been in- imous consent that there now be a pe- There is something good coming out troduced to date? The bill introduced riod of morning business with Senators of the discussion the Senator and I are in the House to address the so-called permitted to speak therein for a period having. If we would have had this dis- prohibition has been described as ‘‘not of up to 10 minutes each. cussion 3 years ago, you would have as far-reaching as the new majority in- The PRESIDING OFFICER. Without said what we were doing was going to dicated before taking power.’’ objection, it is so ordered. bring holy hell and not do any good The Senate bill is a nonbinding sense f and it would never work. At least now of the Congress resolution as a there is some acceptance of the pro- placeholder with no details. I under- ANTONIO POMERLEAU, AN gram. So maybe with a little bit more stand that some bills are introduced as AMAZING VERMONTER dialog we will come around to the markers pending further development. Mr. LEAHY. Mr. President, one of point where you are saying: Maybe, I have done that myself. But 3 years of the most amazing citizens of our re- Senator GRASSLEY, you were right. talking about this issue, talking about markable State of Vermont is Antonio Mr. DURBIN. Mr. President, I am al- what is wrong with the noninterference Pomerleau. Most people know him as ways—in fact, I have been quoted in clause, and there still is no more sub- Tony Pomerleau. My wife Marcelle and your campaign literature sometimes stance behind the proposal than that? our children know him simply as Uncle saying nice things about you. One of the questions I should have Tony. Mr. GRASSLEY. I noticed you have asked the Senator from Illinois is, Tony and his wife Rita have been not said that so I can quote you again. please describe to me how it is going to among the most generous contributors Mr. DURBIN. I am being very careful work if you take out the noninter- to the well-being of families in this time around. And I would be happy ference clause. I have never had any- Vermont of anyone I know, and he did to acknowledge you are my friend and body tell me that. Something like, let’s not come from a wealthy background. a great leader, and you have done a do it a little bit like the VA, but the His parents, my wife’s grandparents, great job here. And put it in your next HHS is not the VA. So how is it going came as immigrants to the United brochure if it will help. to be done? Somewhere along the line States from the Province of Quebec in But I want to close by saying thank they are going to have to tell us. Canada. Nonetheless, he and his wife you for this dialog. It is rare on the In fact, the USA Today editorial page Rita raised a family of 10 and also floor of the Senate, and we need more faced the tragedy of losing two beau- of it. I would say, when it comes to per- recognized the lack of substance when they wrote in November that House tiful daughters. Throughout it all, he fect laws, I think aside from the Ten has retained his position as a leading Commandments, most laws could stand Democratic aides couldn’t provide any details on their party’s proposal. This citizen of our State but even more so an amendment or two. So I hope you as an example to all of us. will be open to the possibility of im- is after 3 years of their finding fault with what is law. Shortly before Christmas, Tony was proving Medicare Prescription Part D. named Vermonter of the year by our It makes me wonder if people who led Mr. GRASSLEY. Remember, the bill State’s largest newspaper. With pride, I the charge against the so-called prohi- you want to amend is a bipartisan bill. ask unanimous consent that the edi- bition on Government negotiation Remember that. torial about our Uncle Tony be printed Mr. DURBIN. I thank the Senator. truly ever did change their minds in the RECORD so everyone throughout Mr. GRASSLEY. I thank you. about this provision. There was actu- our great country can know about him. Mr. President, I want to finish my really a surprising level of agreement There being no objection, the mate- marks. I am not sure finishing my re- among Democrats and Republicans rial was ordered to be printed in the marks can be more valuable than what that the private sector would be able to RECORD, as follows: we just had here in this sort of discus- do a better job of tough negotiation sion. But I think when the Senator with drug companies than the Govern- [From the Burlington Free Press, Dec. 24, 2006] came in, I was kind of needling the ment could ever do. We had all seen the other party a little bit with a state- same history of the poor job Medicare TONY POMERLEAU, VERMONTER OF THE YEAR ment like all of this business of Demo- does setting prices on almost anything, He’s 89 years old and still going like the crats introducing this noninterference whether it is hospitals or whether it is Energizer bunny, his family says. Tony Pomerleau. language, and my copying it, thinking wheelchairs. Everyone from President People know his name in this state. And that was the right thing to do, was the Clinton to Mr. Gephardt to Speaker those who know the man consider them- bipartisan thing to do, that now they PELOSI to the senior Senator from Or- selves fortunate. are backing off of it, as you can see by egon, recognized that at the time when He is Santa Claus to countless children, the recent exchange I had with my they put their names on legislation. the festive, white-haired gentleman who has friend from Illinois, that it is sort of The same USA Today editorial re- thrown a big party every Christmas since for the Democrats like: We supported it ferred to opponents’ plans to change 1982 for hundreds of children and their fami- before we opposed it. lies who might not be able to afford a cele- the law as ‘‘more of a campaign pander bration of their own. But I want to recap. When Democrats than a fully baked plan.’’ Maybe the He is Mr. P, the delightful, generous soul controlled the Senate, their bills took opponents finally realized that them- who added a holiday party for families of the the same approach and had basically selves. Vermont Army National Guard in 2004. It the same noninterference language— I believe beneficiaries and the public was a huge lift for the 800 or so people who the same prohibition on government deserve more than that. That is what attended, and he did it again in 2005—and negotiations. Looks like my colleagues again this year, opening the doors to all the debate is going to be all about. But Guard families, with special attention paid across the aisle yielded—and perhaps they are going to have to sell their against their own better policy judg- to the families of about 120 Guard members point. who are still deployed. ment—to take the opportunity to I yield the floor and suggest the ab- Everyone is welcome. Everyone has a seat make political hay by demagoguing sence of a quorum. at Antonio (Tony) Pomerleau’s table. what seems like a reasonable propo- The PRESIDING OFFICER. The It’s Pomerleau’s giving spirit that makes sition. That proposition was that Gov- him so deserving of the honor of Vermonter ernment, with all those Medicare bene- clerk will call the roll. of the Year. His steadfast commitment to ficiaries in the Medicare program, The legislative clerk proceeded to Vermont and the people of this state make should negotiate lower prices for drugs. call the roll. him a fine choice. In reality, it is nothing but an appeal- Mr. REID. Mr. President, I ask unan- As Robert Perreault of Hardwick said in imous consent that the order for the his nomination letter, ‘‘He is extremely gen- ing sound bite. erous with his time, ideas and money, to im- After the Medicare law was enacted, quorum call be rescinded. plement programs that have helped people, opponents distorted the meaning of the The PRESIDING OFFICER. Without especially the children and our Vermont language and vowed to change it. They objection, it is so ordered. Guardsmen and their families.’’

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S279 Pomerleau’s niece, Marcelle Leahy, wife of In many ways, Tony Pomerleau remains Richard Nixon tapped him to replace Sen. Patrick Leahy, encouraged her uncle to the optimistic boy who left his iron brace be- the resigned Vice President Spiro play a role in helping the Guard families hind at Ste. Anne de Beaupre. Agnew. with whom she was working through the ‘‘Someone asked him the other day when Gerald Ford loved the House of Rep- Guard’s Family Readiness Group. Pomerleau he was going, to retire,’’ son Ernie said. resentatives, and his personal political was more than happy to do it. ‘‘And he said, ‘When I get old.’ ’’ It doesn’t take much for Pomerleau to be Never get old, Mr. P. We like you the way goal was to become Speaker of the persuaded to share his good fortune with you are. House. He declined invitations to run others. He ‘‘came up the hard way,’’ his son f for the Senate and for Governor. Iron- Ernie said last week. Tony Pomerleau has ically, while the Republicans’ minority been there. HONORING PRESIDENT GERALD status kept him from leading that He was the third child of Ernest and Alma FORD Chamber, his appointment as Vice Pomerleau, a hardworking French-Canadian President allowed him to become couple who decided to try their chances Mr. HATCH. Mr. President, even as across the border in Vermont. When we usher in a new Congress, Americans President of the Senate. Pomerleau was 6 months old, the family have said farewell to one of our Chief The Ford Presidency was brief, just moved to a dairy farm in Barton, according Executives, President Gerald R. Ford. 29 months long, but broke significant to an unpublished biography the family has President Ford was a man of character new political ground. He was the only put together. and integrity, a leader of hope and pur- occupant of the Oval Office who was As a child, Pomerleau was touched by two pose. I hope and pray that the out- never elected either President or Vice formative incidents. First, he fell down the pouring of support for President Ford President. Former New York Governor basement stairs at age 3 and was forced to Nelson Rockefeller’s appointment as wear an iron corset. Doctors feared his life in recent days will be a source of com- would be shortened. fort and strength for his family and es- Vice President meant that, for the first ‘‘He wasn’t supposed to live beyond 12 pecially for his beloved wife, First time in American history, neither of years old,’’ Erie Pomerleau said. ‘‘And here Lady Betty Ford. the Nation’s two top officers had been he is, 89 and still going strong.’’ The people of Michigan’s Fifth Dis- elected to either office. The Ford and The second incident, according to the fam- trict loved their Congressman Jerry Rockefeller appointments were the ily biography, was something of a miracle. first handled under the procedures es- Alma Pomerleau took her son, age 10, to Ste. Ford. They sent him to the House of Anne de Beaupre in Quebec—the shrine that Representatives 13 times, by large mar- tablished by the 25th amendment to is covered in crutches and other medical aids gins. In fact, Congressman Ford’s re- the Constitution, ratified less than a left behind by countless others who believed election percentages over nearly a decade earlier. And, of course, Presi- they were cured. quarter century did not vary by more dent Ford presided over our Nation’s Alma removed young Tony’s iron brace, than a few points. His constituents sup- bicentennial in 1976. and they returned home to Vermont without The passage of even a few years, let it. Her son was fine. ported him as he served them, consistently and solidly. alone a few decades, can easily change ‘‘Of course it was a miracle. It was my memories and perspectives. In recent mother’s prayers,’’ Pomerleau said in the bi- It is easy to see why his constituents ography. felt such a connection with him. Jerry years, the majority party has held ei- And so Tony Pomerleau gives back. He Ford grew up in Grand Rapids, MI. He ther House of Congress by a modest gives and gives, according to the families, achieved the rank of Eagle Scout and, margin. In this body today, the balance charities, schools and organizations that of power could rest on one Senator. At have been touched by his spirit. in high school, joined the honor society and was named to all-city and all-State one point during Gerald Ford’s service There’s the renowned annual party, orga- in the House, however, Democrats out- nized by the Burlington Parks and Recre- football teams. At the University of numbered Republicans by more than 2- ation Department, and paid for by Michigan, he played center on two na- to-1. Even under those difficult cir- Pomerleau. Now there’s also the Guard tional championship football teams cumstances, Congressman Ford found party. There is St. Michael’s College in and was named most valuable player in ways of reaching across the aisle, Colchester, where Pomerleau, received an 1934. honorary doctorate after years of contrib- working productively with the other Early in life, Jerry Ford’s values and uting to the campus. There is Burlington’s party to find solutions to the Nation’s basic good sense helped him see past Church Street, which he helped rejuvenate in problems. the 1950s. There is the Burlington Police De- the excitement of the moment. He When Gerald Ford took up residence partment, where Pomerleau was a longtime passed up opportunities to use his ath- at the other end of Pennsylvania Ave- police comissioner. He bought the North Av- letic prowess for the Detroit Lions and nue, there were times when he had to enue building for the police headquarters and Green Bay Packers and instead decided has provided ongoing support for the officers, stand up to Congress. He issued an as- to coach boxing and football at Yale tounding 66 vetoes in fewer than 3 such as laptop computers for their patrol University, where he realized his goal cars. There are the scholarships at Rice Me- years, and Congress was able to over- morial High School, the renovations at of attending law school. He returned to ride just a few. Christ the King Church, the trips Pomerleau Grand Rapids to begin practicing law President Ford served during one of has funded for Burlington schoolchildren, and, after serving in the Navy during the most trying times in American his- and the regular donations to the American World War II, returned again to prac- tory, facing troubles at home and Red Cross, United Way of Chittenden County tice law and seek election to Congress abroad. At home, there was the Water- and the Salvation Army. in 1948. Somehow in all that activity, gate scandal that had resulted in the Pomerleau started his entrepreneurial life he found time to court Elizabeth as a child, soon after he shed that iron brace. Ford Presidency. In 1975, unemploy- He sold haircuts and canaries. He washed Bloomer. She must have been a very ment reached a level nearly twice what cars, ran errands and helped his family in understanding woman because he even it is today. Inflation was in double dig- their general store in Newport. In 1942, after campaigned on their wedding day. its. Fears of energy shortages per- working for a national shoe store chain up President Ford would later say that his sisted. Elsewhere in the world, Presi- and down the East Coast, he decided to settle most valued advice was that which dent Ford faced the war in Vietnam in Burlington where he bought a failing gro- came from his wife. They spent 58 and crises in the Middle East and the cery store. Within three years, he owned four years together and had four wonderful continued threat posed by the former stores and a wholesale beverage business. In children. 1951, he started his real estate career and by Soviet Union. And on top of all of that, age 45, he was a millionaire. Pomerleau built The qualities that endeared Con- he shouldered the burden of restoring Vermont’s first shopping center in the 1950s, gressman Ford to his constituents also Americans’ faith in their leaders and in the Ethan Allen Shopping Plaza, and then inspired trust in his colleagues in the democracy itself. Last week in his eu- developed about 20 more. House, who elected him Republican logy, Dr. Henry Kissinger, President He has lived large, and the beautiful Greek Conference chairman in 1963 and then Ford’s Secretary of State, put it this Revival building on College Street that Republican leader in 1965. In fact, Con- way: ‘‘Unassuming and without guile, houses Pomerleau Real Estate is a testament gressman Ford was so well regarded Gerald Ford undertook to restore the to that life. Through it all, Pomerleau’s wife, Rita, and that President Lyndon Johnson named confidence of Americans in their polit- 10 children, two of whom have died, have him to the Warren Commission which ical institutions and purposes.’’ been his main focus. Pomerleau is also the investigated the assassination of Presi- He made decisions, some of which proud grandfather of 13. dent John F. Kennedy, and President were unpopular at the time, that he

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S280 CONGRESSIONAL RECORD — SENATE January 9, 2007 felt were necessary for the good of the gust 9, 1974, he offered not an inaugural HONORING OUR ARMED FORCES Nation. Some say that these contrib- address but what he called just a little CORPORAL MATTHEW JOSEPH STANLEY uted to his narrow loss to Jimmy Car- straight talk among friends. He made a Mr. GREGG. Mr. President, I rise ter. At the same time, from opinion commitment, a compact, with his fel- today to pay special tribute to U.S. polls after the political conventions low Americans, in which he said: Army CPL Matthew Joseph Stanley of showing the incumbent trailing by You have not elected me as your President Wolfeboro, NH. Tragically, on Decem- nearly 30 points, President Ford closed by your ballots, he said, and so I ask you to ber 16, 2006, this courageous young sol- the gap to make the 1976 election one confirm me as your President with your dier and two of his comrades gave their of the closest in American history. prayers . . . I have not sought this enormous last full measure for our Nation when We are all thankful President Ford responsibility, but I will not shirk it . . . Our did not simply retire from public life Constitution works; our great republic is a their Army vehicle struck an impro- when he left the White House. For government of laws and not of men. Here the vised explosive device in Taji, Iraq, nearly three decades, he remained ac- people rule . . . God helping me, I will not north of Baghdad. At the time of this tive as a statesman and involved in im- let you down. hostile action Corporal Stanley, a cavalry scout with C Troop, 1st Squadron, portant issues. He founded, and for Those words so reflected the char- 7th Cavalry Regiment, 1st Cavalry Di- many years chaired, the World Forum acter and vision of President Ford that vision, based in Fort Hood, TX, was conducted by the American Enterprise they were printed in the opening pages serving his second tour in Iraq in sup- Institute, and he continued writing of the commemorative program dis- port of Operation Iraqi Freedom. about some of the political and social tributed when the Gerald R. Ford Mu- Matthew was a 2002 graduate of challenges of our day. In 2001, he au- seum was dedicated in September 1981 Kingswood Regional High School where thored a poignant column which ap- in Grand Rapids. It is there, along the he was wellknown and liked by his peared in the Washington Post and en- Grand River, that thousands of Ameri- teachers and fellow students. Class- dorsed legislation to promote regenera- cans, many waiting for hours in the mates remember Matthew as fun, al- tive therapies that can give hope to cold, paid a final tribute to our 38th ways laughing and having a smile on Americans suffering from chronic dis- President. And it is nearby, in the city his face. Family and friends say he was eases. As a cosponsor of that legisla- he loved and that loved him, that one of the nicest guys you would ever tion, I was moved and grateful for President Ford was laid to rest. President Ford’s wisdom and support. want to meet and remember his fond- Gerald Ford did not let us down. It is ness for hunting and fishing. For these and so many other activi- fitting that on the gravestone of this ties and contributions, President Ford Sensing a call to duty, and because of remarkable man, this distinguished his desire to protect his country, in De- received the Medal of Freedom, Amer- public servant, this healer of our Na- ica’s highest civilian award, in 1999 and cember 2003, Matthew joined the U.S. tion, are the simple words: Lives Com- Army. Upon completing basic training the Profiles in Courage Award from the mitted to God, Country, and Love. Kennedy Foundation in 2001. In 1999, he at Fort Knox, KY, in the spring of 2004, and Mrs. Ford received the Congres- Mr. HAGEL. Mr. President, President he reported to Fort Hood, TX. The sional Gold Medal for their dedicated Gerald Ford had a distinguished career awards and decorations that Corporal public service and humanitarian con- of public service marked by his excep- Stanley received over the succeeding tributions. tional personal qualities, and his pass- months are a testament to the strong As great as President Ford was, he ing is a sad moment for all Americans. character of this man. They include was always the first to acknowledge President Ford was born in Omaha, the Bronze Star Medal, Purple Heart, his wonderful spouse, and I would be NE in 1913 and grew up in Grand Rap- two Army Commendation Medals, remiss, if I did not say a few words ids, MI. As a student at the University Army Good Conduct Medal, Combat about Betty Ford. She was such a of Michigan, Ford was an allstar foot- Action Badge, National Defense Serv- model of grace and dignity, inspiring ball player and became an assistant ice Medal, Iraq Campaign Medal, Glob- us with her love and devotion to her football coach at Yale University while al War on Terrorism Service Medal, family. Betty Ford was a bold First he earned his law degree. During his Army Service Ribbon, Overseas Service Lady, candidly sharing with the Nation service in World War II, he attained the Ribbon, and Expert Rifle Qualification her struggles with cancer and chemical rank of lieutenant commander in the Badge. He was posthumously promoted dependency. She did not, however, stop Navy. to the rank of corporal. Patriots from the state of New there but turned those struggles into a President Ford was first elected to Hampshire have served our Nation with crusade to help others. She served as Congress in 1948 and served for 25 years, honor and distinction from Bunker Hill cochairman of the Susan G. Komen eight as the minority leader. He was to Taji—and U.S. Army CPL Matthew Foundation when it was founded in selected to serve as Vice President and Stanley served and fought in that same 1982. Each year, she presents the Betty became President because he was a fine tradition. During our country’s Ford Award from that foundation to a man who could restore integrity to the difficult Revolutionary War, Thomas champion in the fight against breast Presidency, hope in America, and Paine wrote ‘‘These are the times that cancer. The Betty Ford Center, which bridge partisan divides in Congress. she founded in 1982, is today one of the try men’s souls. The summer soldier leading treatment facilities in Amer- I first met Gerald Ford when he was and the sunshine patriot will, in this ica, perhaps the world, and Mrs. Ford the House minority leader and I was crisis, shrink from the service of their continues to serve as its board chair- chief of staff for Congressman John Y. country; but he that stands it now, de- man. McCollister from Omaha. I have never serves the love and thanks of man and As recently as last week, Betty and met a person in politics who was a woman.’’ In these turbulent times Mat- her four children, Steve, Mike, Jack, more decent and more complete indi- thew stood with the country he loved, and Susan, showed us their tremendous vidual than President Ford. He earned served it with distinction and honor, devotion and kindness as they stood in the trust and confidence of the Amer- and earned and deserves our love and the Capitol Rotunda for hours on end ican people through his character, thanks. greeting every visitor who came to pay competency and common decency. My sympathy, condolences, and pray- their respects to President Ford. Even I had the honor of attending his Cap- ers go out to Matthew’s wife Amy, his in the face of tragedy, Betty and her itol memorial service in the Rotunda parents Lynn and Richard, his brothers children are gracious. last week with my daughter, Allyn, and sisters, and to his other family President Ford believed that most and son, Ziller. I am grateful and proud members and many friends who have people were mostly good most of the that they had the opportunity to hear suffered this most grievous loss. All time. That optimistic attitude led him President Ford remembered and eulo- will sorely miss Matthew Stanley, a 22- once to say that while he had many ad- gized with eloquence, grace, and hon- year-old patriot who was proud of his versaries in his political life, he could esty. America is a better place because family, proud of where he lived, and not remember having a single enemy. of President Gerald Ford. He will be proud of what he did. In the words of When he took the oath of office on Au- greatly missed. Daniel Webster—may his remembrance

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S281 be as long lasting as the land he hon- tive HIRONO to the 110th Congress of the airwaves each morning, but he ored. God bless Matthew Joseph Stan- the United States. leaves us with cherished memories, and ley. f he helped make WBZ in Boston the CORPORAL JONATHAN E. SCHILLER world class broadcasting station it is RETIREMENT OF GARY LAPIERRE Mr. GRASSLEY. Mr. President, it is today. Now, as he retires, I join his with a sense of sadness, but also pride, Mr. KENNEDY. Mr. President, I countless admirers in wishing him a that I rise today to pay tribute to CPL. would like to recognize a New England long and happy retirement. He has cer- Jonathan E. Schiller of Ottumwa, IA, journalism legend, Gary LaPierre, who tainly earned it. We will miss you on who gave his life on New Year’s Eve in retired on December 29, capping a re- WBZ, Gary, but to us, you will always service to his country in Iraa. He is remarkable career. For many citizens of be the voice of Boston. our region, Gary LaPierre is the voice membered by friends and family for his f good humor and his patriotism. Cor- of New England. He comes from the poral Schiller’s parents, Bill and Liz beautiful small town of Shelburne MESSAGES FROM THE PRESIDENT Falls, MA, where his mother Esther Schiller, said of their son, ‘‘Jon died Messages from the President of the still lives today, and is one of the most doing what he loved, serving his coun- United States were communicated to dependable, fair, and effective journal- try and protecting the freedom of our the Senate by Mr. Williams, one of his ists Massachusetts has ever seen. Gary people and others. We are proud of our secretaries. son’s accomplishments and those of his first began covering me in my 1964 Sen- ate reelection campaign, and he has f fellow soldiers in the Army and all been asking me questions ever since— branches of the military. We are for- EXECUTIVE MESSAGES REFERRED his interviews with me number in the ever grateful to the Army for changing hundreds. This past election day, No- As in executive session the Presiding our boy into a man who fought and vember 7, 2006, Gary declared me the Officer laid before the Senate messages died defending something that we take winner in my Senate race that evening. from the President of the United for granted every day... freedom!’’ My Gary has won many awards for his States submitting sundry nominations thoughts and prayers are with Bill and outstanding journalism over the years. which were referred to the appropriate Liz, Jon’s brothers Charlie and Max, His ‘‘LaPierre on the Loose’’ segment committees. and all of those in the Ottumwa area and his skills in investigative reporting (The nominations received today are and elsewhere who mourn the loss of send chills down the spines of anyone printed at the end of the Senate pro- this brave young man. Jon Schiller’s out to defy the public interest. Wheth- ceedings.) willingness to volunteer for military er it is lighthearted regional stories, f service in a time of war speaks loudly investigative analyses, or news of the to his love of our country. He now joins day, Gary handles them all well, and he MESSAGES FROM THE HOUSE the honored ranks of generations of brings them to us with his trademark American youth who have laid down clarity, vision, and integrity. I am not their lives for the preservation of free- sure what Boston will do in the morn- ENROLLED BILL SIGNED dom. His courageous service and tre- ings now that Gary is retiring. At 6:10 p.m., a message from the mendous sacrifice must never be for- I have always liked Gary. He asks the House of Representatives, delivered by gotten by a grateful Nation. tough questions, and he has been there Ms. Niland, one of its reading clerks, f when history was happening in Boston. announced that the Speaker signed the WELCOMING REPRESENTATIVE He brought national stories to local following enrolled bill: MAZIE HIRONO TO THE 110TH neighborhood news and covered every- S. 159. An act to redesignate the White CONGRESS thing local superbly. Rocks National Recreation Area in the State Schoolchildren love Gary, too. When of Vermont as the ‘‘Robert T. Stafford White Mr. INOUYE. Mr. President, it is my we were buried in a snowstorm, he is Rocks National Recreation Area’’. pleasure to welcome the newest mem- the dean of school cancellations and ber of the Hawaii Congressional Dele- can read through the list faster than At 7:31 p.m., a message from the gation, Representative MAZIE HIRONO, anyone on the air. He covered the bliz- House of Representatives, delivered by to the 110th Congress. zard of 1978 while holed up in his studio Ms. Niland, one of its reading clerks, Representative HIRONO has pre- for 5 straight days, keeping constant announced that the House has passed viously served the State of Hawaii as tabs on those stranded on Route 128. the following bill, in which it requests Lieutenant Governor, Hawaii State For many, Gary was the narrator in the concurrence of the Senate: Representative, and deputy state attor- what became one of Boston most cher- H.R. 1. An act to provide for the implemen- ney general, and I am confident she ished hometown stories. tation of the recommendations of the Na- will continue her distinguished record But Gary’s reach has often extended tional Commission on Terrorist Attacks as a compassionate, tireless, and coura- beyond Boston borders. He has traveled Upon the United States. geous public servant through her serv- with the Beatles, and he met our Ira- f ice in Washington as a Member of the nian hostages in Germany. But he al- U.S. House of Representatives. She em- ways came home to where his heart MEASURES DISCHARGED bodies the best of Hawaii and our Na- is—and we are happy he did. The following measure was dis- tion. Gary is a fair political reporter as charged from the Committee on For- As a young girl, she and her mother well. He has covered every Democratic eign Relations by unanimous consent, and two brothers emmigrated from Presidential Convention I can recall— and referred as indicated: Japan in search of a better life. The life and Republican ones, too—and he cov- S. 198. A bill to improve authorities to ad- they found in Hawaii was marked by ered my own campaign in 1980. In fact, dress urgent nonproliferation crises and struggle and hard work. But, more im- no campaign is complete without United States nonproliferation operations; portantly, MAZIE HIRONO found hope Gary’s analysis, and we have all to the Committee on Armed Services. and self-reliance. learned a great deal from him over the f She also learned an important lesson years. that still guides her today. ‘‘My moth- His reassuring voice guided us MEASURES REFERRED er taught me that no circumstance is through the horrors of September 11, a The following bill was read the first beyond the power of courage, and that day that none of us will ever forget. He and the second times by unanimous when you know what is right you must also brought us the joys of the Red Sox consent, and referred as indicated: find the will to act, even against the World Series Championship in 2004. H.R. 1. An act to provide for the implemen- greatest of odds,’’ she says. That un- Whatever the topic, he had a talent for tation of the recommendations of the Na- common spirit, from an uncommon making his listeners feel they were a tional Commission on Terrorist Attacks mother, defines MAZIE HIRONO. part of the event. Upon the United States; to the Committee I kindly ask you and my colleagues Gary’s compassion, his integrity, and on Homeland Security and Governmental Af- to join me in welcoming Representa- his love for Boston will be missed on fairs.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S282 CONGRESSIONAL RECORD — SENATE January 9, 2007 EXECUTIVE AND OTHER report of a rule entitled ‘‘Revisions to Rev. S. 214. A bill to amend chapter 35 of title COMMUNICATIONS Proc. 2004–11’’ (Rev. Proc. 2007–16) received 28, United States Code, to preserve the inde- on January 3, 2007; to the Committee on Fi- pendence of United States attorneys; to the The following communications were nance. Committee on the Judiciary. laid before the Senate, together with EC–249. A communication from the Chief of By Mr. DORGAN (for himself, Ms. accompanying papers, reports, and doc- the Publications and Regulations Branch, In- SNOWE, Mr. KERRY, Mrs. BOXER, Mr. uments, and were referred as indicated: ternal Revenue Service, Department of the HARKIN, Mr. LEAHY, Mrs. CLINTON, EC–238. A communication from the Sec- Treasury, transmitting, pursuant to law, the Mr. OBAMA, and Mr. WYDEN): retary, Division of Corporation Finance, Se- report of a rule entitled ‘‘CPI Adjustment for S. 215. A bill to amend the Communica- curities and Exchange Commission, trans- Section 1274A for 2007’’ (Rev. Proc. 2007–4) re- tions Act of 1934 to ensure net neutrality; to mitting, pursuant to law, the report of a rule ceived on January 8, 2007; to the Committee the Committee on Commerce, Science, and entitled ‘‘Executive Compensation Disclo- on Finance. Transportation. sure’’ (RIN3235–A180) received on January 8, EC–250. A communication from the Chief of By Mr. BINGAMAN (for himself and 2007; to the Committee on Banking, Housing, the Publications and Regulations Branch, In- Mr. DOMENICI): and Urban Affairs. ternal Revenue Service, Department of the S. 216. A bill to provide for the exchange of EC–239. A communication from the Chair- Treasury, transmitting, pursuant to law, the certain Federal land in the Santa Fe Na- man, National Transportation Safety Board, report of a rule entitled ‘‘Field Directive on tional Forest and certain non-Federal land transmitting, pursuant to law, a report rel- Application of IRC Section 118 to Partner- in the Pecos National Historical Park in the ative to the Board’s competitive sourcing ef- ships’’ (UIL: 118.01–02) received on January 8, State of New Mexico; to the Committee on forts for fiscal year 2006; to the Committee 2007; to the Committee on Finance. Energy and Natural Resources. on Commerce, Science, and Transportation. EC–251. A communication from the Sec- By Mr. COLEMAN: EC–240. A communication from the Chair- retary, Railroad Retirement Board, trans- S. 217. A bill to require the United States man, Federal Communications Commission, mitting, pursuant to law, a report relative to Trade Representative to initiate a section transmitting, pursuant to law, a report rel- the Board’s competitive sourcing activities 301 investigation into abuses by the Aus- ative to the inventory of commercial activi- during fiscal year 2006; to the Committee on tralian Wheat Board with respect to the ties undertaken by the Commission in fiscal Health, Education, Labor, and Pensions. United Nations Oil-for-Food Programme, and year 2005; to the Committee on Commerce, f for other purposes; to the Committee on Fi- nance. Science, and Transportation. INTRODUCTION OF BILLS AND EC–241. A communication from the Direc- By Ms. SNOWE (for herself, Mrs. LIN- tor, Office of Congressional Affairs, Nuclear JOINT RESOLUTIONS COLN, Mr. OBAMA, and Mr. ROCKE- Regulatory Commission, transmitting, pur- FELLER): The following bills and joint resolu- S. 218. A bill to amend the Internal Rev- suant to law, the report of a rule entitled tions were introduced, read the first ‘‘Criticality Control of Fuel Within Dry enue Code of 1986 to modify the income Storage Casks or Transportation Packages and second times by unanimous con- threshold used to calculate the refundable in a Spent Fuel Pool’’ (RIN3190–AH95) re- sent, and referred as indicated: portion of the child tax credit; to the Com- ceived on January 8, 2007; to the Committee By Mrs. FEINSTEIN (for herself, Ms. mittee on Finance. on Environment and Public Works. COLLINS, Mr. LAUTENBERG, and Ms. By Mr. ENZI (for himself and Mr. EC–242. A communication from the Chair- SNOWE): THOMAS): man, Medicare Payment Advisory Commis- S. 206. A bill to amend title II of the Social S. 219. A bill to designate the facility of sion, transmitting, pursuant to law, a report Security Act to repeal the Government pen- the United States Postal Service located at relative to its study on the effect of certain sion offset and windfall elimination provi- 152 North 5th Street in Laramie, Wyoming, rural hospital payment adjustments; to the sions; to the Committee on Finance. as the ‘‘Gale W. McGee Post Office’’; to the Committee on Finance. By Mr. COLEMAN: Committee on Homeland Security and Gov- EC–243. A communication from the Chief of S. 207. A bill to amend the Internal Rev- ernmental Affairs. the Publications and Regulations Branch, In- enue Code of 1986 to allow taxpayers to des- By Mr. CRAIG: ternal Revenue Service, Department of the ignate part or all of any income tax refund S. 220. A bill to authorize early repayment Treasury, transmitting, pursuant to law, the to support reservists and National Guard of obligations to the Bureau of Reclamation report of a rule entitled ‘‘Republication of members; to the Committee on Finance. within the A & B Irrigation District in the Rev. Proc. 2006–6’’ (Rev. Proc. 2007–6) re- By Mr. LEVIN: State of Idaho; to the Committee on Energy ceived on January 8, 2007; to the Committee S. 208. A bill for the relief of Luay Lufti and Natural Resources. on Finance. Hadad; to the Committee on the Judiciary. By Mr. GRASSLEY (for himself, Mr. EC–244. A communication from the Chief of By Mr. LEVIN: FEINGOLD, Mr. KOHL, Mr. HARKIN, Mr. the Publications and Regulations Branch, In- S. 209. A bill for the relief of Marcos Anto- HAGEL, and Mr. LEAHY): ternal Revenue Service, Department of the nio Sanchez-Diaz; to the Committee on the S. 221. A bill to amend title 9, United Treasury, transmitting, pursuant to law, the Judiciary. States Code, to provide for greater fairness report of a rule entitled ‘‘Republication of By Mr. LEVIN: in the arbitration process relating to live- Rev. Proc. 2006–8’’ (Rev. Proc. 2007–8) re- S. 210. A bill for the relief of Anton Dodaj, stock and poultry contracts; to the Com- ceived on January 8, 2007; to the Committee Gjyljana Dodaj, Franc Dodaj, and Kristjan mittee on the Judiciary. on Finance. Dodaj; to the Committee on the Judiciary. By Mr. GRAHAM (for himself, Mrs. EC–245. A communication from the Chief of By Mrs. CLINTON (for herself, Mrs. DOLE, Mr. ISAKSON, and Mr. SES- the Publications and Regulations Branch, In- DOLE, Mr. AKAKA, Mr. BAYH, Mr. NEL- SIONS): ternal Revenue Service, Department of the SON of Florida, Mrs. BOXER, Mr. S. 222. A bill to amend the Haitian Hemi- Treasury, transmitting, pursuant to law, the BURR, Ms. CANTWELL, Mr. COCHRAN, spheric Opportunity through Partnership report of a rule entitled ‘‘Republication of Mr. COLEMAN, Ms. COLLINS, Mr. Encouragement Act of 2006 to extend the Rev. Proc. 2006–5’’ (Rev. Proc. 2007–5) re- HAGEL, Mr. HARKIN, Mr. INOUYE, Mr. date for the President to determine if Haiti ceived on January 8, 2007; to the Committee KERRY, Mr. LAUTENBERG, Mr. LEVIN, meets certain requirements, and for other on Finance. Mr. LIEBERMAN, Mr. LUGAR, Mr. purposes; to the Committee on Finance. EC–246. A communication from the Chief of MENENDEZ, Mrs. MURRAY, Ms. MIKUL- By Mr. FEINGOLD (for himself, Mr. the Publications and Regulations Branch, In- SKI, Ms. SNOWE, Mr. VITTER, Mr. COCHRAN, Mr. MCCAIN, Mr. DURBIN, ternal Revenue Service, Department of the CASEY, Mr. BENNETT, and Ms. STABE- Mr. ALLARD, Mr. LUGAR, Ms. LAN- Treasury, transmitting, pursuant to law, the NOW): DRIEU, Mr. LIEBERMAN, Mr. GRASS- report of a rule entitled ‘‘Republication of S. 211. A bill to facilitate nationwide avail- LEY, Mrs. HUTCHISON, Mr. LEVIN, Ms. Rev. Proc. 2006–4’’ (Rev. Proc. 2007–4) re- ability of 2–1–1 telephone service for infor- MURKOWSKI, Mr. CORNYN, Mr. GRA- ceived on January 8, 2007; to the Committee mation and referral on human services, vol- HAM, Mr. KERRY, Mr. SALAZAR, Mr. on Finance. unteer services, and for other purposes; to OBAMA, Mr. DORGAN, Mr. WYDEN, Mr. EC–247. A communication from the Chief of the Committee on Health, Education, Labor, ROCKEFELLER, Mrs. BOXER, Mr. REED, the Publications and Regulations Branch, In- and Pensions. and Mrs. FEINSTEIN): ternal Revenue Service, Department of the By Mr. LEVIN: S. 223. A bill to require Senate candidates Treasury, transmitting, pursuant to law, the S. 212. A bill for the relief of Perlat Binaj, to file designations, statements, and reports report of a rule entitled ‘‘Section 451—Gen- Almida Binaj, Erina Binaj, and Anxhela in electronic form; to the Committee on eral Rule for Taxable Year of Inclusion’’ Binaj; to the Committee on the Judiciary. Rules and Administration. (Rev. Rul. 2007–1, 2007–3) received on January By Mr. LEVIN: By Mr. DODD (for himself and Mr. 8, 2007; to the Committee on Finance. S. 213. A bill for the relief of Mohamad BINGAMAN): EC–248. A communication from the Chief of Derani, Maha Felo Derani, and Tarek S. 224. A bill to create or adopt, and imple- the Publications and Regulations Branch, In- Derani; to the Committee on the Judiciary. ment, rigorous and voluntary American edu- ternal Revenue Service, Department of the By Mrs. FEINSTEIN (for herself and cation content standards in mathematics Treasury, transmitting, pursuant to law, the Mr. LEAHY): and science covering kindergarten through

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S283 grade 12, to provide for the assessment of CARDIN) was added as a cosponsor of S. (Ms. MIKULSKI) was added as a cospon- student proficiency benchmarked against 5, a bill to amend the Public Health sor of S. 147, a bill to empower women such standards, and for other purposes; to Service Act to provide for human em- in Afghanistan, and for other purposes. the Committee on Health, Education, Labor, and Pensions. bryonic stem cell research. S. 184 By Mr. CRAIG (for himself and Mr. S. 80 At the request of Mr. INOUYE, the AKAKA): At the request of Mr. STEVENS, the names of the Senator from Illinois (Mr. S. 225. A bill to amend title 38, United name of the Senator from Alaska (Ms. DURBIN), the Senator from North Da- States Code, to expand the number of indi- MURKOWSKI) was added as a cosponsor kota (Mr. DORGAN), the Senator from viduals qualifying for retroactive benefits New Jersey (Mr. MENENDEZ) and the from traumatic injury protection coverage of S. 80, a bill to amend title 5, United under Servicemembers’ Group Life Insur- States Code, to provide for 8 weeks of Senator from Maryland (Ms. MIKULSKI) ance; to the Committee on Veterans’ Affairs. paid leave for Federal employees giving were added as cosponsors of S. 184, a By Mr. GRASSLEY: birth and for other purposes. bill to provide improved rail and sur- S. 226. A bill to direct the Inspector Gen- S. 85 face transportation security. eral of the Department of Justice to submit f semi-annual reports regarding settlements At the request of Mr. MCCAIN, the relating to false claims and fraud against the names of the Senator from New Mexico STATEMENTS ON INTRODUCED Federal Government; to the Committee on (Mr. BINGAMAN), the Senator from Cali- BILLS AND JOINT RESOLUTIONS Homeland Security and Governmental Af- fornia (Mrs. BOXER) and the Senator By Mrs. FEINSTEIN (for herself, fairs. from Washington (Mrs. MURRAY) were By Mr. ALLARD (for himself and Mr. added as cosponsors of S. 85, a bill to Ms. COLLINS, Mr. LAUTENBERG, SALAZAR): amend the Omnibus Crime Control and and Ms. SNOWE): S. 227. A bill to establish the Granada Re- S. 206. A bill to amend title II of the Safe Streets Act of 1968 to clarify that location Center National Historic Site as an Social Security Act to repeal the Gov- territories and Indian tribes are eligi- affiliated unit of the National Park System; ernment pension offset and windfall to the Committee on Energy and Natural Re- ble to receive grants for confronting elimination provisions; to the Com- sources. the use of methamphetamine. By Mr. ROBERTS (for himself, Mr. mittee on Finance. S. 95 STEVENS, and Mr. ALEXANDER): Mrs. FEINSTEIN. Mr. President, I S. 228. A bill to establish a small business At the request of Mr. KERRY, the rise today with my colleague, Senator child care grant program, and for other pur- name of the Senator from Ohio (Mr. COLLINS, to introduce legislation that poses; to the Committee on Health, Edu- BROWN) was added as a cosponsor of S. protects the retirement benefits earned cation, Labor, and Pensions. 95, a bill to amend titles XIX and XXI by public employees and eliminates By Mr. DOMENICI (for himself and Mr. of the Social Security Act to ensure BINGAMAN): barriers which discourage many Ameri- S. 229. A bill to redesignate a Federal that every uninsured child in America cans from pursuing careers in public building in Albuquerque, New Mexico, as the has health insurance coverage, and for service. This bill will repeal two provi- ‘‘Raymond G. Murphy Department of Vet- other purposes. sions of the Social Security Act—the erans Affairs Medical Center’’; to the Com- S. 105 Government Pension Offset and Wind- mittee on Veterans’ Affairs. At the request of Mr. VITTER, the fall Elimination Provision—which un- By Mr. FEINGOLD (for himself, Mr. name of the Senator from Oklahoma fairly reduce the retirement benefits OBAMA, Mr. LIEBERMAN, and Mr. NHOFE TESTER): (Mr. I ) was added as a cosponsor earned by public employees such as S. 230. A bill to provide greater trans- of S. 105, a bill to prohibit the spouse of teachers, police officers, and fire- parency in the legislative process; to the a Member of Congress previously em- fighters. Committee on Homeland Security and Gov- ployed as a lobbyist from lobbying the The Government Pension Offset re- ernmental Affairs. Member after the Member is elected. duces a public employee’s Social Secu- By Mrs. FEINSTEIN (for herself, Mr. S. 113 rity spousal or survivor benefits by an CHAMBLISS, Ms. MIKULSKI, Mr. COR- amount equal to two-thirds of his or NYN, Mr. OBAMA, Ms. SNOWE, Ms. STA- At the request of Mr. INHOFE, the BENOW, Ms. COLLINS, Mr. KOHL, Mr. names of the Senator from Maine (Ms. her public pension. LEVIN, Mr. DURBIN, Mr. BAUCUS, Mr. COLLINS), the Senator from New Mex- Take the case of a widowed, retired BINGAMAN, Mr. KERRY, Mr. BIDEN, Mr. ico (Mr. DOMENICI), the Senator from police officer who receives a public ROCKEFELLER, and Mr. SALAZAR): Utah (Mr. BENNETT), the Senator from pension of $600 per month. His job in S. 231. A bill to authorize the Edward Kentucky (Mr. BUNNING), the Senator the local police department was not Byrne Memorial Justice Assistance Grant from Louisiana (Mr. VITTER), the Sen- covered by Social Security, yet his Program at fiscal year 2006 levels through wife’s private-sector employment was. 2012; to the Committee on the Judiciary. ator from Wyoming (Mr. ENZI) and the By Mr. WYDEN: Senator from Montana (Mr. BAUCUS) An amount equal to two-thirds of his S. 232. A bill to make permanent the au- were added as cosponsors of S. 113, a public pension, or $400 each month, thorization for watershed restoration and en- bill to make appropriations for mili- would be cut from his Social Security hancement agreements; to the Committee on tary construction and family housing survivor benefits. If this individual is Energy and Natural Resources. projects for the Department of Defense eligible for $500 in survivor benefits, By Mr. KENNEDY (for himself, Mr. the Government Pension Offset provi- LEAHY, Mrs. BOXER, Mr. SANDERS, for fiscal year 2007. sion would reduce his monthly benefits Mr. HARKIN, and Mr. KERRY): S. 138 to $100. S. 233. A bill to prohibit the use of funds At the request of Mr. SCHUMER, the In most cases, the Government Pen- for an escalation of United States military name of the Senator from Arizona (Mr. forces in Iraq above the numbers existing as sion Offset eliminates the spousal ben- KYL) was added as a cosponsor of S. 138, of January 9, 2007; to the Committee on For- efit for which an individual qualifies. a bill to amend the Internal Revenue eign Relations. In fact, 9 out of 10 public employees af- Code of 1986 to apply the joint return By Mr. KERRY: fected by the Government Pension Off- S. 234. A bill to require the FCC to issue a limitation for capital gains exclusion set lose their entire spousal benefit, final order regarding television white spaces; to certain post-marriage sales of prin- even though their spouse paid Social to the Committee on Commerce, Science, cipal residences by surviving spouses. and Transportation. Security taxes for many years. S. 143 f The Windfall Elimination Provision At the request of Ms. CANTWELL, the reduces Social Security benefits by up ADDITIONAL COSPONSORS name of the Senator from Tennessee to 50 percent for retirees who have paid S. 1 (Mr. ALEXANDER) was added as a co- into Social Security and also receive a At the request of Mr. SALAZAR, his sponsor of S. 143, a bill to amend the public pension, such as from a teacher name was added as a cosponsor of S. 1, Internal Revenue Code of 1986 to make retirement fund. a bill to provide greater transparency permanent the deduction of State and While the reforms that led to the cre- in the legislative process. local general sales taxes. ation of the Government Pension Off- S. 5 S. 147 set and Windfall Elimination Provision At the request of Mr. REID, the name At the request of Mrs. BOXER, the were meant to prevent public employ- of the Senator from Maryland (Mr. name of the Senator from Maryland ees from being unduly enriched, the

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S284 CONGRESSIONAL RECORD — SENATE January 9, 2007 practical effect is that those providing the other hand, those wishing to do so 215(f)(9)(B)’’ in subparagraphs (C) and (D)(i) critical public services are unjustly pe- are discouraged because they are clear- and inserting ‘‘paragraph (5) or (6) of section nalized. ly told that their Social Security re- 215(f)’’. According to the Congressional Budg- tirement benefits will be significantly SEC. 4. EFFECTIVE DATE. et Office, the Government Pension Off- reduced. The amendments made by this Act shall set provision alone reduces earned ben- Now that we are witnessing the prac- apply with respect to monthly insurance efits for more than 300,000 Americans tical effects of these 20 year old provi- benefits payable under title II of the Social each year, by upwards of $3,600. In some sions, I hope that Congress will pass Security Act for months after December 2007. Notwithstanding section 215(f) of the cases, for those living on fixed in- legislation to address the unfair reduc- Social Security Act, the Commissioner of comes, this represents the difference tion of benefits that essentially sends Social Security shall adjust primary insur- between a comfortable retirement and the message that if you do enter public ance amounts to the extent necessary to poverty. service, your family will suffer and will take into account the amendments made by Nearly one million Federal, State, be unable to receive the full retirement section 3. and municipal workers, as well as benefits to which they would otherwise Ms. COLLINS. Mr. President, I am teachers and other school district em- be entitled. pleased to join with my colleague from ployees, are unfairly held to a different I understand that we are facing defi- California, Senator FEINSTEIN, in intro- standard when it comes to retirement cits and repealing the Government ducing the Social Security Fairness benefits. Pension Offset and Windfall Elimi- Act. This bill repeals two provisions of Private-sector retirees receive nation Provision will be costly. current law—the windfall elimination monthly Social Security checks equal I am open to considering all options provision (WEP) and the government to 90 percent of their first $656 in aver- that move us toward our goal of remov- pension offset (GPO) that unfairly re- age monthly career earnings. However, ing this inequity by allowing individ- duce earned Social Security benefits under the Windfall Elimination Provi- uals to keep the Social Security bene- for many public employees when they sion, retired public employees are only fits to which they are entitled while retire. allowed to receive 40 percent of the promoting public sector employment. Individuals affected by both the GPO first $656 in career monthly earnings, a We should respect, not penalize, our and the WEP are those who are eligible penalty of over $300 per month. public service employees. I hope that for Federal, State or local pensions This unfair reduction in retirement my colleagues will join me in sending from work that was not covered by So- benefits is inequitable. The Social Se- this long overdue message to our Na- cial Security, but who also qualify for curity Fairness Act will allow govern- tion’s public servants, that we value Social Security benefits based on their ment pensioners the chance to receive their contributions and support giving own work in covered employment or the same 90 percent of their benefits to all Americans the retirement benefits that of their spouses. While the two which nongovernment pension recipi- they have earned and deserve. provisions were intended to equalize ents are entitled. I ask unanimous consent that the Social Security’s treatment of work- We must do more to encourage people text of the bill be printed in the ers, we are concerned that they un- to pursue careers in public service. Un- RECORD. fairly penalize individuals for holding fortunately, the Government Pension There being no objection, the text of jobs in public service when the time Offset and Windfall Elimination Provi- the bill was ordered to be printed in comes for them to retire. sion make it more difficult to recruit the RECORD, as follows: These two provisions have enormous teachers, police officers, and fire fight- S. 206 ers; and, it does so at a time when we financial implications not just for Fed- Be it enacted by the Senate and House of Rep- eral employees, but for our teachers, should be doing everything we can to resentatives of the United States of America in recruit the best and brightest to these Congress assembled, police officers, firefighters and other public employees as well. Given their careers. SECTION 1. SHORT TITLE. California’s police force needs to add This Act may be cited as the ‘‘Social Secu- important responsibilities, it is unfair more than 10,000 new officers by 2014— rity Fairness Act of 2007’’. to penalize them when it comes to a growth of nearly 15 percent—while SEC. 2. REPEAL OF GOVERNMENT PENSION OFF- their Social Security benefits. These hiring more than 15,000 additional offi- SET PROVISION. public servants—or their spouses—have (a) IN GENERAL.—Section 202(k) of the So- all paid taxes into the Social Security cers to replace those who leave the cial Security Act (42 U.S.C. 402(k)) is amend- force. system. So have their employers. Yet, ed by striking paragraph (5). because of these two provisions, they It is estimated that public schools (b) CONFORMING AMENDMENTS.— will need to hire between 2.2 million (1) Section 202(b)(2) of the Social Security are unable to collect all of the Social and 2.7 million new teachers nation- Act (42 U.S.C. 402(b)(2)) is amended by strik- Security benefits to which they other- wide by 2009 because of record enroll- ing ‘‘subsections (k)(5) and (q)’’ and inserting wis’e would be entitled. ments. The projected retirements of ‘‘subsection (q)’’. While the GPO and WEP affect public thousands of veteran teachers and crit- (2) Section 202(c)(2) of such Act (42 U.S.C. employees and retirees in virtually ical efforts to reduce class sizes also 402(c)(2)) is amended by striking ‘‘sub- every State, their impact is most acute sections (k)(5) and (q)’’ and inserting ‘‘sub- necessitate hiring additional teachers. in 15 States, including Maine. Nation- section (q)’’. wide, more than one-third of teachers California currently has more than (3) Section 202(e)(2)(A) of such Act (42 300,000 teachers but will need to double U.S.C. 402(e)(2)(A)) is amended by striking and education employees, and more this number by 2010, to 600,000 teachers, ‘‘subsections (k)(5), subsection (q),’’ and in- than one-fifth of other public employ- in order to keep up with student enroll- serting ‘‘subsection (q)’’. ees, are affected by the GPO and/or the ment levels. (4) Section 202(f)(2)(A) of such Act (42 WEP. Most importantly, the Government U.S.C. 402(f)(2)(A)) is amended by striking Almost one million retired govern- Pension Offset and Windfall Elimi- ‘‘subsections (k)(5), subsection (q)’’ and in- ment workers across the country have serting ‘‘subsection (q)’’. nation Provision hinder efforts to re- already been adversely affected by SEC. 3. REPEAL OF WINDFALL ELIMINATION PRO- cruit new math and science teachers VISIONS. these provisions. Many more stand to from the private sector. As our world (a) IN GENERAL.—Section 215 of the Social be affected by them in the future. becomes increasingly interconnected, Security Act (42 U.S.C. 415) is amended— Moreover, at a time when we should be it is imperative that our school chil- (1) in subsection (a), by striking paragraph doing all that we can to attract quali- dren receive the finest math and (7); fied people to public service, this re- science education to ensure our Na- (2) in subsection (d), by striking paragraph duction in Social Security benefits tion’s future competitiveness in the (3); and makes it even more difficult for our global economy. (3) in subsection (f), by striking paragraph Federal, State and local governments (9). It is counterintuitive that on the (b) CONFORMING AMENDMENTS.—Sub- to recruit and retain the teachers, po- one-hand, policymakers seek to en- sections (e)(2) and (f)(2) of section 202 of such lice officers, firefighters and other pub- courage people to change careers and Act (42 U.S.C. 402) are each amended by lic servants who are so critical to the enter the teaching profession, while on striking ‘‘section 215(f)(5), 215(f)(6), or safety and well-being of our families.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S285 The Social Security windfall elimi- livable retirement ‘wage.’ I was unaware putting their lives on the line, they nation provision reduces Social Secu- that I would be penalized as an educator in should not also have to put their fami- rity benefits for retirees who paid into your State.’’ lies’ financial lives on the line due to Social Security and who receive a gov- In September of 2003, I chaired a Gov- their service. ernment pension from work not cov- ernmental Affairs Committee hearing In an effort to provide relief to these ered under Social Security, such as to examine the effect that the GPO and families, I am introducing today the pensions from the Maine State Retire- the WEP have had on public employees Voluntary Support for Reservists and ment Fund. While private sector retir- and retirees. We heard compelling tes- National Guard Members Act that ees receive Social Security checks timony from Julia Worcester of Colum- would bolster the financial assistance based on 90 percent of their first $656 bia, ME—who was then 73. Mrs. available to these families. More spe- average monthly career earnings, gov- Worcester told the Committee about cifically, the Voluntary Support for ernment pensioners checks are based her work in both Social Security-cov- Reservists and National Guard Mem- on 40 percent—a harsh penalty of more ered employment and as a Maine bers Act would provide taxpayers the than $300 per month. teacher, and about the effect that the option of contributing part of their tax The government pension offset re- GPO and WEP have had on her income refund to the Reserve Income Replace- duces an individual’s survivor benefit in retirement. Mrs. Worcester worked ment Program which provides financial under Social Security by two-thirds of for more than 20 years as a waitress assistance to those families who have the amount of his or her public pen- and in factory jobs before deciding, at experienced an income loss due to a sion. It is estimated that 9 out of 10 the age of 49, to go back to school to call-up to active duty. In 2005, the IRS public employees affected by the GPO pursue her life-long dream of becoming issued 106 million refunds that totaled lose their entire spousal benefit, even a teacher. She began teaching at the $227 billion with the average refund though their deceased spouses paid So- age of 52 and taught full-time for 15 coming in at $2,141.36. Even a small cial Security taxes for many years. years before retiring at the age of 68. percentage of this amount could make What is most troubling is that this Since she was only in the Maine State a significant difference in the lives of offset is most harsh for those who can Retirement System for 15 years, Mrs. these reservist and National Guard least afford the loss—lower-income Worcester does not receive a full State families. women. In fact, of those affected by the pension. Yet she is still subject to the While we can do little to ease the GPO, 73 percent are women. According full penalties under the GPO and WEP. emotional burden experienced by fami- to the Congressional Budget Office, the As a consequence, she receives just $171 lies regarding the service of their loved GPO reduces benefits for more than a month in Social Security benefits, ones, we can at least try to give them 200,000 of these individuals by more even though she worked hard and paid some peace of mind when it comes to than $3,600 a year—an amount that can into the Social Security system for their day-to-day finances. These fami- make the difference between a com- more than 20 years. After paying for lies already have made a great sacrifice fortable retirement and poverty. her health insurance, she receives less to the nation, and they should not also Our teachers and other public em- than $500 a month in total pension in- have to sacrifice their financial well- ployees face difficult enough chal- come. being due to their loved ones’ service. lenges in their day-to-day work. Indi- After a lifetime of hard work, Mrs. Beyond our gratitude, care packages viduals who have devoted their lives to Worcester, is still substitute teaching and gifts, we can thank our troops for public service should not have the just to make ends meet. This simply is their service by helping to meet the ev- added burden of worrying about their not fair. I am therefore pleased to join eryday needs of their families who are retirement. Many Maine teachers, in Senator FEINSTEIN in introducing this facing financial hardships. My bill particular, have talked with me about legislation to repeal these two unfair would provide Americans a convenient this issue. They love their jobs and the provisions, and I urge my colleagues to way to thank our troops by contrib- children they teach, but they worry join us as cosponsors. uting a portion of their tax refunds to about the future and about their finan- give much-needed help to the loved cial security in retirement. By Mr. COLEMAN: ones of our reservists and National I hear a lot about this issue in my S. 207. A bill to amend the Internal Guard members . constituent mail, as well. Patricia Du- Revenue Code of 1986 to allow tax- I ask unanimous consent that my pont, for example, of Orland, ME, wrote payers to designate part or all of any legislation, the Voluntary Support for that, because she taught for 15 years income tax refund to support reservists Reservists and National Guard Mem- under Social Security in New Hamp- and National Guard members; to the bers Act, and the accompanying re- shire, she is living on a retirement in- Committee on Finance. marks be printed in the RECORD. come of less than $13,000 after 45 years Mr. COLEMAN. Mr. President, I rise There being no objection, the text of in education. Since she also lost sur- today to introduce legislation to assist the bill was ordered to be printed in vivors’ benefits from her husband’s So- the families of our reservists and Na- the RECORD, as follows: cial Security, she calculates that a re- tional Guard members. With our re- S. 207 peal of the WEP and the GPO would servists and National Guard members double her current retirement income. bravely answering our country’s call to Be it enacted by the Senate and House of Rep- These provisions also penalize pri- resentatives of the United States of America in service, we must do all we can to meet Congress assembled, vate sector employees who leave their the calls of help from those families jobs to become public school teachers. SECTION 1. SHORT TITLE. left behind who are struggling finan- This Act may be cited as the ‘‘Voluntary Ruth Wilson, a teacher from Otisfield, cially as a result of their loved ones’ Support for Reservists and National Guard ME, wrote: wartime service. Members Act’’. ‘‘I entered the teaching profession two All too often, the families of reserv- SEC. 2. DESIGNATION OF OVERPAYMENTS TO years ago, partly in response to the nation- ists and National Guard members must SUPPORT RESERVISTS AND NA- wide pleas for educators. As the current pool contend not only with the physical ab- TIONAL GUARD MEMBERS. of educators near retirement in the next few sence of a loved one but also with the (a) DESIGNATION.—Subchapter A of chapter years, our schools face a crisis. Low wages loss of income that makes paying 61 of the Internal Revenue Code of 1986 is and long hard hours are not great selling amended by adding at the end the following points to young students when selecting a house, car, medical and other bills too new part: career. great of a burden to bear without help. ‘‘PART IX—DESIGNATION OF OVERPAY- I love teaching and only regretted my deci- According to the latest available sta- MENTS TO RESERVE INCOME REPLACE- sion when I found out about the penalties I tistics, some 55 percent of married MENT PROGRAM will unfairly suffer. In my former life as a Guard members and reservists have ex- ‘‘Sec. 6097. Designation well-paid systems manager at State Street perienced a loss in income, with nearly Bank in Boston, I contributed the maximum ‘‘SEC. 6097. DESIGNATION. to Social Security each year. When I decided 50 percent experiencing a loss of $1,000 ‘‘(a) IN GENERAL.—In the case of an indi- to become an educator, I figured that be- in pay per month and 15 percent experi- vidual, with respect to each taxpayer’s re- cause of my many years of maximum Social encing a loss of $30,000 or more in pay turn for the taxable year of the tax imposed Security contributions, I would still have a a year. With our Guard and reservists by chapter 1, such taxpayer may designate

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S286 CONGRESSIONAL RECORD — SENATE January 9, 2007 that a specified portion (not less than $1) of Every hour of every day, someone in out adequate Federal support, 2–1–1 any overpayment of tax for such taxable the United States needs essential serv- will not reach a nationwide population year be paid over to the Reserve Income Re- ices—from finding an after-school pro- for decades. The University of Texas placement Program (RIRP) under section 910 of title 37, United States Code. gram to securing adequate care for an developed a national cost-benefit anal- ‘‘(b) MANNER AND TIME OF DESIGNATION.—A aging parent. Faced with a dramatic ysis that found there would be a sav- designation under subsection (a) may be increase in the number of agencies and ings to society of nearly $1.1 billion made with respect to any taxable year only help-lines, people often don’t know over ten years if 2–1–1 were operational at the time of filing the return of the tax im- where to turn. In many cases, people nationwide. The Federal Government, posed by chapter 1 for such taxable year. end up going without necessary serv- States, counties, businesses and citi- Such designation shall be made in such man- ices because they do not know where to ner as the Secretary prescribes by regula- zens all stand to benefit from a nation- tions except that such designation shall be start. The 2–1–1 system is a user-friend- wide 2–1–1 service. made either on the first page of the return or ly social-services network, providing As this new Congress moves in a posi- on the page bearing the taxpayer’s signature. an easy-to-remember and universally tive direction for America, we must ‘‘(c) OVERPAYMENTS TREATED AS RE- available phone number that links in- enact legislation that best protects and FUNDED.—For purposes of this title, any por- dividuals and families in need to the prepares ourselves for the future. All tion of an overpayment of tax designated appropriate nonprofit and government under subsection (a) shall be treated as— fifty States deserve to be equipped with ‘‘(1) being refunded to the taxpayer as of agencies. 2–1–1 helps people find and the proper communication to respond the last date prescribed for filing the return give help by providing information on effectively in an emergency situation. of tax imposed by chapter 1 (determined job training, schools, volunteer oppor- Every single American should have a without regard to extensions) or, if later, the tunities, elder care housing, and count- number they can call to cut through date the return is filed, and less other community needs. the chaos of an emergency. That num- ‘‘(2) a contribution made by such taxpayer However, the importance of this sys- ber is 2–1–1. It’s time to make our citi- on such date to the United States.’’. tem extends far beyond the day to day zens and our country safer by making (b) TRANSFERS TO RESERVE INCOME RE- needs of our citizens. The need for ef- PLACEMENT PROGRAM.—The Secretary of the this resource available nationwide. Treasury shall, from time to time, transfer fective communication was made crys- to the Reserve Income Replacement Pro- tal clear in the immediate aftermath of By Mr. DORGAN (for himself, Ms. gram (RIRP) under section 910 of title 37, the devastation of September 11, when SNOWE, Mr. KERRY, Mrs. BOXER, United States Code, the amounts designated most people did not know where to Mr. HARKIN, Mr. LEAHY, Mrs. under section 6097 of the Internal Revenue turn for information about their loved CLINTON, Mr. OBAMA, and Mr. Code of 1986, under regulations jointly pre- ones. Fortunately for those who knew WYDEN): scribed by the Secretary of the Treasury and S. 215 A bill to amend the commu- the Secretary of Defense. about it, 2–1–1 was already operating in (c) CLERICAL AMENDMENT.—The table of Connecticut, and it was critical in nications act of 1934 to ensure net neu- parts for subchapter A of chapter 61 of the helping identify the whereabouts of trality: to the Committee on Com- Internal Revenue Code of 1986 is amended by victims, connecting frightened children merce, Science, and Transportation. adding at the end the following new item: with their parents, providing informa- Mr. DORGAN. Mr. President, the ‘‘PART IX. DESIGNATION OF OVERPAYMENTS TO tion on terrorist suspects, and linking issue of Internet freedom, which is also RESERVE INCOME REPLACEMENT PROGRAM’’. ready volunteers with coordinated ef- known as net neutrality, is one that is (d) EFFECTIVE DATE.—The amendments forts and victims with necessary men- very important to me. I have long made by this section shall apply to taxable tal and physical health services. 2–1–1 fought in Congress against media con- years beginning after December 31, 2006. provided locations of vigils and support centration, to prevent the consolida- By Mrs. CLINTON (for herself, groups, and information on bioter- tion of control over what Americans see, read and hear in the media. Ameri- Mrs. DOLE, Mr. AKAKA, Mr. rorism for those concerned about fu- cans have recognized how important BAYH, Mr. NELSON of Florida, ture attacks. this issue is and millions spoke out Mrs. BOXER, Mr. BURR, Ms. As time went by, many people needed when the FCC sought to loosen the CANTWELL, Mr. COCHRAN, Mr. help getting back on their feet. More ownership rules to allow for more con- COLEMAN, Ms. COLLINS, Mr. than 100,000 people lost their jobs. solidation. HAGEL, Mr. HARKIN, Mr. INOUYE, Close to 2,000 families applied for hous- But now, Americans face an equally Mr. KERRY, Mr. LAUTENBERG, ing assistance because they couldn’t great threat to the democratic vehicle Mr. LEVIN, Mr. LIEBERMAN, Mr. pay their rent or mortgage. 90,000 peo- of the Internet. The Internet, which we LUGAR, Mr. MENENDEZ, Mrs. ple developed symptoms of post-trau- have always taken for granted as an MURRAY, Ms. MIKULSKI, Ms. matic stress disorder or clinical depres- open and free engine for economic and SNOWE, Mr. VITTER, Mr. CASEY, sion within eight weeks of the attacks. creative growth, is now also at risk, Mr. BENNETT, and Ms. STABE- Another 34,000 people met the criteria and this must also become a front NOW): for both diagnoses. And 2–1–1 was there S. 211. A bill to facilitate nationwide to help. burner issue for consumers and busi- availability of 2–2–1 telephone service The needs were great and the people nesses. for information and referral on human of America rose to the challenge. But The Internet became a robust engine services, volunteer services, and for our infrastructure struggled to keep up of economic development by enabling other purposes; to the Committee on with this outpouring of support. In anyone with a good idea to connect to Health, Education, Labor, and Pen- fact, a Brookings Institution and consumers and compete on a level sions. Urban Institute study of the aftermath playing field for consumers’ business. Mrs. CLINTON. Mr. President, I rise of September 11 found that many dis- The marketplace picked winners and today to introduce the Calling for 2–1– located workers struggled to obtain losers, and not some central gate- 1 Act. I’m thrilled to be a part of the available assistance. The devastation keeper. Our economy, small businesses new Democratic Congress as we move of natural disasters Hurricanes Katrina and consumers benefited tremendously to pass the kind of bipartisan legisla- and Rita further demonstrated the from that dynamic marketplace. tion I’m talking about today—a bill need to connect people to services But now we face a situation where that could make an invaluable dif- quickly in a time of crisis. That’s what the FCC has removed nondiscrimina- ference in the lives of citizens in New 2–1–1 is all about: providing a single, ef- tion rules that applied to Internet pro- York and the country. ficient, coordinated way for people who viders for years, and that enabled the I’d first like to thank my colleague need help to connect with those who Internet to flourish, and consumers Senator DOLE for joining me in this ef- can provide it. and innovation to thrive. fort. Because of her long history with There is broad, bi-partisan support The FCC removed these rules, and the Red Cross, the Senator understands for this legislation—because the need broadband operators soon thereafter the importance of 2–1–1, and I am so for it has been proven. Unfortunately, announced their interest in acting in pleased to be working with her again in in many States, limited resources have discriminatory ways, planning to cre- this new Congress to champion this im- slowed the process of connecting com- ate tiers on the Internet that could re- portant cause. munities with this vital service. With- strict content providers’ access to the

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S287 Internet unless they pay extra for fast- lawmakers to let them act as gate- ‘‘(3) provide and make available to each er speeds or better service. Under their keepers on the Internet, removing the user information about such user’s access to plan, the Internet would become a new power from the consumers that drive the Internet, and the speed, nature, and limi- world where those content providers Internet choice today. tations of such user’s broadband service; We still face the vast resources of ‘‘(4) enable any content, application, or who can afford to pay special fees service made available via the Internet to be would have better access to consumers. broadband operators that seek to au- offered, provided, or posted on a basis that— On November 7, 2005 then-SBC, now thorize their ability to control content ‘‘(A) is reasonable and nondiscriminatory, AT&T, CEO Ed Whitacre was quoted in on the Internet. But more importantly including with respect to quality of service, Business Week as saying: ‘‘They don’t on the side of our legislation we have access, speed, and bandwidth; have any fiber out there. They don’t the grass roots support for and the sub- ‘‘(B) is at least equivalent to the access, have any wires. They don’t have any- stantive merits of Internet freedom. speed, quality of service, and bandwidth that thing . . . They use my lines for free— In addition, we have proof that it can such broadband service provider offers to affiliated content, applications, or services and that’s bull. For a Google or a be done- nondiscrimination rules and Internet freedom can co-exist with made available via the public Internet into Yahoo! or a Vonage or anybody to ex- the network of such broadband service pro- pect to use these pipes for free is nuts!’’ profitable business plans. Recently vider; and In another article a senior executive AT&T accepted as a condition of its ‘‘(C) does not impose a charge on the basis from Verizon was quoted as saying: merger with BellSouth a net neutrality of the type of content, applications, or serv- ‘‘(Google) is enjoying a free lunch that provision written by the FCC. Wall ices made available via the Internet into the should, by any rational account, be the Street immediately reported that it ex- network of such broadband service provider; lunch of the facilities providers.’’ pected no impact on AT&T’s bottom ‘‘(5) only prioritize content, applications, Now perhaps if we had a competitive line by the acceptance of these condi- or services accessed by a user that is made tions, and AT&T is forging ahead, available via the Internet within the net- broadband market we would not need work of such broadband service provider to be concerned about the discrimina- while at the same time having com- based on the type of content, applications, or tory intentions of some providers. In a mitted to protecting Internet freedom. services and the level of service purchased by market with many competitors, there It is clear that an open and neutral the user, without charge for such is a reasonable chance that market Internet can co-exist and thrive along prioritization; and forces would discipline bad behavior. with competitive and profitable busi- ‘‘(6) not install or utilize network features, But this is not the case today: FCC ness models. functions, or capabilities that impede or statistics on broadband show that the But legislation is still critical. The hinder compliance with this section. local cable and telephone companies merger conditions are an important ‘‘(b) CERTAIN MANAGEMENT AND BUSINESS- have a 98 percent share of the national step but are not enough. We must re- RELATED PRACTICES.—Nothing in this section broadband residential access market. store Internet freedom mandates to the shall be construed to prohibit a broadband entire broadband industry and make service provider from engaging in any activ- For those that say, the market will ity, provided that such activity is not incon- take care of competition, and ensure them permanent, ensuring that consumers can continue to receive the sistent with the requirements of subsection that those that own the broadband net- (a), including— works won’t discriminate, that cannot benefits of an open and vibrant Inter- ‘‘(1) protecting the security of a user’s be so when at best consumers have a net not only in the short term from computer on the network of such broadband choice of two providers. AT&T, but from any broadband pro- service provider, or managing such network Furthermore, these broadband opera- vider in the longer term. in a manner that does not distinguish based tors have their own content and serv- Today we introduce the Internet on the source or ownership of content, appli- ices, video, VOIP, media content. They Freedom Preservation Act to ensure cation, or service; ‘‘(2) offering directly to each user have an incentive to favor their own that the Internet remains a platform that spawns innovation and economic broadband service that does not distinguish services and to act in an anti-competi- based on the source or ownership of content, tive fashion. Last year Cablevision’s development for generations to come. application, or service, at different prices Tom Rutledge talking about Vonage We look forward to working with our based on defined levels of bandwidth or the made the following statement: ‘‘So, colleagues in Congress to enact these actual quantity of data flow over a user’s anyone who buys Vonage on our net- important measures into law. connection; work using our data service doesn’t I ask unanimous consent that the ‘‘(3) offering consumer protection services really know what they are doing . . . text of the bill be printed in the (including parental controls for indecency or unwanted content, software for the preven- Our service is better, its quality of RECORD. There being no objection, the text of tion of unsolicited commercial electronic service. We actually prioritize the bits the bill was ordered to be printed in messages, or other similar capabilities), if so that the voice product is a better each user is provided clear and accurate ad- the RECORD, as follows: product.’’ vance notice of the ability of such user to With these developments, consumers’ S. 215 refuse or disable individually provided con- ability to use content, services and ap- Be it enacted by the Senate and House of Rep- sumer protection capabilities; resentatives of the United States of America in ‘‘(4) handling breaches of the terms of serv- plications could now be subject to deci- Congress assembled, sions made by their broadband pro- ice offered by such broadband service pro- SECTION 1. SHORT TITLE. vider by a subscriber, provided that such viders. The broadband operator will be- This Act may be cited as the ‘‘Internet terms of service are not inconsistent with come a gatekeeper, capable of deciding Freedom Preservation Act’’. the requirements of subsection (a); or who can get through to a consumer, SEC. 2. INTERNET NEUTRALITY. ‘‘(5) where otherwise required by law, to who can get special deals, faster Title I of the Communications Act of 1934 prevent any violation of Federal or State speeds, better access to the consumer. (47 U.S.C. 151 et seq.) is amended by adding law. at the end the following: This fundamentally changes the way ‘‘(c) EXCEPTION.—Nothing in this section the Internet has operated and threaten ‘‘SEC. 12. INTERNET NEUTRALITY. shall apply to any service regulated under to derail the democratic nature of the ‘‘(a) DUTY OF BROADBAND SERVICE PRO- title VI, regardless of the physical trans- VIDERS.—With respect to any broadband Internet. American consumers and mission facilities used to provide or transmit service offered to the public, each broadband such service. businesses will be worse off for it. service provider shall— It is for this reason that Senator ‘‘(1) not block, interfere with, discriminate ‘‘(d) STAND-ALONE BROADBAND SERVICE.—A SNOWE and I are reintroducing the against, impair, or degrade the ability of any broadband service provider shall not require Internet Freedom Preservation Act, person to use a broadband service to access, a subscriber, as a condition on the purchase with the support of Internet businesses use, send, post, receive, or offer any lawful of any broadband service offered by such content, application, or service made avail- broadband service provider, to purchase any large and small, consumer groups, cable service, telecommunications service, labor and education groups, religious able via the Internet; ‘‘(2) not prevent or obstruct a user from at- or IP-enabled voice service. organizations, and many others. taching or using any device to the network ‘‘(e) IMPLEMENTATION.—Not later than 180 Last year we faced an uphill battle: of such broadband service provider, only if days after the date of enactment of the broadband providers were spending mil- such device does not physically damage or Internet Freedom Preservation Act, the lions of dollars on print and television substantially degrade the use of such net- Commission shall prescribe rules to imple- advertisements and efforts to convince work by other subscribers; ment this section that—

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S288 CONGRESSIONAL RECORD — SENATE January 9, 2007 ‘‘(1) permit any aggrieved person to file a (1) ability of providers of content, applica- SEC. 2. DEFINITIONS. complaint with the Commission concerning tions, or services to transmit and send such In this Act: any violation of this section; and information into and over broadband net- (1) FEDERAL LAND.—The term ‘‘Federal ‘‘(2) establish enforcement and expedited works; land’’ means the approximately 160 acres of adjudicatory review procedures consistent (2) ability of competing providers of trans- Federal land within the Santa Fe National with the objectives of this section, including mission capability to transmit and send such Forest in the State, as depicted on the map. the resolution of any complaint described in information into and over broadband net- (2) LANDOWNER.—The term ‘‘landowner’’ paragraph (1) not later than 90 days after works; means the 1 or more owners of the non-Fed- such complaint was filed, except for good (3) price, terms, and conditions for trans- eral land. cause shown. mitting and sending such information into (3) MAP.—The term ‘‘map’’ means the map ‘‘(f) ENFORCEMENT.— and over broadband networks; entitled ‘‘Proposed Land Exchange for Pecos ‘‘(1) IN GENERAL.—The Commission shall (4) number of entities that transmit and National Historical Park’’, numbered 430/ enforce compliance with this section under send information into and over broadband 80,054, dated November 19, 1999, and revised title V, except that— networks; and September 18, 2000. ‘‘(A) no forfeiture liability shall be deter- (5) state of competition among those enti- (4) NON-FEDERAL LAND.—The term ‘‘non- mined under section 503(b) against any per- ties that transmit and send information into Federal land’’ means the approximately 154 son unless such person receives the notice re- and over broadband networks. acres of non-Federal land in the Park, as de- quired by section 503(b)(3) or section picted on the map. 503(b)(4); and By Mr. BINGAMAN (for himself (5) PARK.—The term ‘‘Park’’ means the ‘‘(B) the provisions of section 503(b)(5) shall and Mr. DOMENICI): Pecos National Historical Park in the State. not apply. S. 216. A bill to provide for the ex- (6) SECRETARIES.—The term ‘‘Secretaries’’ ‘‘(2) SPECIAL ORDERS.—In addition to any change of certain Federal land in the means the Secretary of the Interior and the other remedy provided under this Act, the Santa Fe National Forest and certain Secretary of Agriculture, acting jointly. Commission may issue any appropriate non-Federal land in the Pecos National (7) STATE.—The term ‘‘State’’ means the order, including an order directing a State of New Mexico. broadband service provider— Historical Park in the State of New ‘‘(A) to pay damages to a complaining Mexico; to the Committee on Energy SEC. 3. LAND EXCHANGE. party for a violation of this section or the and Natural Resources. (a) IN GENERAL.—On conveyance by the regulations hereunder; or Mr. BINGAMAN. Mr. President, landowner to the Secretary of the Interior of ‘‘(B) to enforce the provisions of this sec- today, I am introducing along with Mr. the non-Federal land, title to which is ac- ceptable to the Secretary of the Interior— tion. DOMENICI the ‘‘Pecos National Histor- (1) the Secretary of Agriculture shall, sub- ‘‘(g) DEFINITIONS.—In this section, the fol- ical Park Land Exchange Act of 2007’’. lowing definitions shall apply: ject to the conditions of this Act, convey to This bill will authorize a land exchange ‘‘(1) AFFILIATED.—The term ‘affiliated’ in- the landowner the Federal land; and cludes— between the Federal Government and a (2) the Secretary of the Interior shall, sub- ‘‘(A) a person that (directly or indirectly) private landowner that will benefit the ject to the conditions of this Act, grant to owns or controls, is owned or controlled by, Pecos National Historical Park in my the landowner the easement described in or is under common ownership or control State of New Mexico. subsection (b). with, another person; or Specifically, the bill will enable the (b) EASEMENT.— ‘‘(B) a person that has a contract or other Park Service to acquire a private (1) IN GENERAL.—The easement referred to arrangement with a content, applications, or inholding within the Park’s boundaries in subsection (a)(2) is an easement (including an easement for service access) for water service provider relating to access to or dis- in exchange for the transfer of a nearby tribution of such content, applications, or pipelines to 2 well sites located in the Park, service. tract of National Forest System land. as generally depicted on the map. ‘‘(2) BROADBAND SERVICE.—The term The National Forest parcel has been (2) ROUTE.—The Secretary of the Interior, ‘broadband service’ means a 2-way trans- identified as available for exchange in in consultation with the landowner, shall de- mission that— the Santa Fe National Forest Land and termine the appropriate route of the ease- ‘‘(A) connects to the Internet regardless of Resource Management Plan and is sur- ment through the Park. the physical transmission facilities used; and rounded by private lands on three (3) TERMS AND CONDITIONS.—The easement ‘‘(B) transmits information at an average sides. shall include such terms and conditions relating to the use of, and access to, the well rate of at least 200 kilobits per second in at The Pecos National Historical Park least 1 direction. sites and pipeline, as the Secretary of the In- ‘‘(3) BROADBAND SERVICE PROVIDER.—The possesses exceptional historic and ar- terior, in consultation with the landowner, term ‘broadband service provider’ means a chaeological resources. The Park pre- determines to be appropriate. person or entity that controls, operates, or serves the ruins of the great Pecos (4) APPLICABLE LAW.—The easement shall resells and controls any facility used to pro- pueblo, which was a major trade cen- be established, operated, and maintained in vide broadband service to the public, wheth- ter, and the ruins of two Spanish colo- compliance with applicable Federal law. er provided for a fee or for free. nial missions dating from the 17th and (c) VALUATION, APPRAISALS, AND EQUALI- ‘‘(4) IP-ENABLED VOICE SERVICE.—The term 18th centuries. ZATION.— ‘IP-enabled voice service’ means the provi- The Glorieta unit of the park pro- (1) IN GENERAL.—The value of the Federal sion of real-time 2-way voice communica- tects key sites associated with the 1862 land and non-Federal land— tions offered to the public, or such classes of (A) shall be equal, as determined by ap- users as to be effectively available to the Civil War Battle of Glorieta Pass, a sig- praisals conducted in accordance with para- public, transmitted through customer prem- nificant event that ended the Confed- graph (2); or ises equipment using TCP/IP protocol, or a erate attempt to expand the war into (B) if the value is not equal, shall be equal- successor protocol, for a fee (whether part of the West. This unit will directly ben- ized in accordance with paragraph (3). a bundle of services or separately) with efit from the land exchange. (2) APPRAISALS.— interconnection capability such that service Similar bills passed the Senate in the (A) IN GENERAL.—The Federal land and can originate traffic to, and terminate traf- 106th, 108th, and 109th Congresses, and non-Federal land shall be appraised by an fic from, the public switched telephone net- I hope it finally will be enacted this independent appraiser selected by the Secre- work taries. Congress. ‘‘(5) USER.—The term ‘user’ means any res- (B) REQUIREMENTS.—An appraisal con- idential or business subscriber who, by way I ask unanimous consent that the ducted under subparagraph (A) shall be con- of a broadband service, takes and utilizes full text of the bill I have introduced ducted in accordance with— Internet services, whether provided for a fee, today be printed in the RECORD. (i) the Uniform Appraisal Standards for in exchange for an explicit benefit, or for There being no objection, the text of Federal Land Acquisition; and free.’’. the bill was ordered to be printed in (ii) the Uniform Standards of Professional SEC. 3. REPORT ON DELIVERY OF CONTENT, AP- the RECORD, as follows: Appraisal Practice. PLICATIONS, AND SERVICES. (C) APPROVAL.—The appraisals conducted S. 216 Not later than 270 days after the date of under this paragraph shall be submitted to enactment of this Act, and annually there- Be it enacted by the Senate and House of Rep- the Secretaries for approval. after, the Federal Communications Commis- resentatives of the United States of America in (3) EQUALIZATION OF VALUES.— sion shall transmit a report to the Com- Congress assembled, (A) IN GENERAL.—If the values of the non- mittee on Commerce, Science, and Transpor- SECTION 1. SHORT TITLE. Federal land and the Federal land are not tation of the Senate and the Committee on This Act may be cited as the ‘‘Pecos Na- equal, the values may be equalized by— Energy and Commerce of the House of Rep- tional Historical Park Land Exchange Act of (i) the Secretary of the Interior making a resentatives on the— 2007’’. cash equalization payment to the landowner;

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S289 (ii) the landowner making a cash equali- S. 217. A bill to require the United shall remain in effect until the date that the zation payment to the Secretary of Agri- States Trade Representative to initiate United States Trade Representative certifies culture; or a section 301 investigation into abuses to Congress that the imposition of such du- (iii) reducing the acreage of the non-Fed- by the Australian Wheat Board with ties is no longer appropriate because ade- eral land or the Federal land, as appropriate. quate compensation has been obtained and (B) CASH EQUALIZATION PAYMENTS.—Any respect to the United Nations Oil-for- the Australian Wheat Board is no longer en- amounts received by the Secretary of Agri- Food Programme, and for other pur- gaging in the acts, policies, or practices that culture as a cash equalization payment poses; to the Committee on Finance. were the basis for the imposition of the du- under section 206(b) of the Federal Land Pol- Mr. COLEMAN. Mr. President, I ask ties. icy and Management Act of 1976 (43 U.S.C. unanimous consent that the text of the 1716(b)) shall— bill be printed in the RECORD. By Ms. SNOWE (for herself, Mrs. (i) be deposited in the fund established by There being no objection, the text of LINCOLN, Mr. OBAMA, and Mr. Public Law 90–171 (commonly known as the the bill was ordered to be printed in ROCKEFELLER): ‘‘Sisk Act’’) (16 U.S.C. 484a); and the RECORD, as follows: S. 218. A bill to amend the Internal (ii) be available for expenditure, without Revenue Code of 1986 to modify the in- further appropriation, for the acquisition of S. 217 land and interests in land in the State. Be it enacted by the Senate and House of Rep- come threshold used to calculate the (d) COSTS.—Before the completion of the resentatives of the United States of America in refundable portion of the child tax exchange under this section, the Secretaries Congress assembled, credit; to the Committee on Finance. and the landowner shall enter into an agree- SECTION 1. SHORT TITLE. Ms. SNOWE. Mr. President, today ment that allocates the costs of the ex- This Act may be cited as the ‘‘Australian Congress is confronted with how to change among the Secretaries and the land- Wheat Board Accountability Act of 2007’’. best provide tax relief to American owner. SEC. 2. INVESTIGATION. families earning slightly more than the (e) APPLICABLE LAW.—Except as otherwise (a) IN GENERAL.—Notwithstanding any provided in this Act, the exchange of land minimum wage. We can do that by ex- other provision of law, not later than 30 days and interests in land under this Act shall be panding the availability of the child after the date of the enactment of this Act, in accordance with— tax credit to more working families. the United States Trade Representative shall (1) section 206 of the Federal Land Policy initiate an investigation in accordance with In 2001, I pushed to make the child and Management Act of 1976 (43 U.S.C. 1716); title III of the Trade Act of 1974 (19 U.S.C. tax credit refundable for workers mak- and 2411 et seq.) to determine if actions by the ing around the minimum wage. As en- (2) other applicable laws, including the Na- Australian Wheat Board with respect to the acted in 2001, a portion of a taxpayer’s tional Environmental Policy Act of 1969 (42 Board’s abuse of the United Nations Oil-for- U.S.C. 4321 et seq.). child tax credit would be refundable— Food Programme constitutes an act, policy, (f) ADDITIONAL TERMS AND CONDITIONS.— up to 10 percent of earnings above The Secretaries may require, in addition to or practice and justifies taking action de- $10,000. any requirements under this Act, such terms scribed in section 301(a)(1) of such Act (19 In 2004, Congress passed the Working and conditions relating to the exchange of U.S.C. 2411(a)(1)). Families Tax Relief of 2004, which in- Federal land and non-Federal land and the (b) ACT, POLICY, OR PRACTICE.—For purposes of this Act, any economic damage suf- creased from 10 percent to 15 percent granting of easements under this Act as the the portion of the child tax credit that Secretaries determine to be appropriate to fered by United States wheat farmers as a re- protect the interests of the United States. sult of the practices of the Australian Wheat is refundable. Although the legislation (g) COMPLETION OF THE EXCHANGE.— Board related to the United Nations Oil-for- increased the amount of the refundable (1) IN GENERAL.—The exchange of Federal Food Programme during the period 1999 to child credit, it failed to increase the land and non-Federal land shall be com- 2003 shall be deemed to be an act, policy, or number of families eligible for the ben- pleted not later than 180 days after the later practice under section 301(a)(1) of the Trade efit. The consequences are serious for Act of 1974. of— low-income Americans living pay- SEC. 3. ACTIONS. (A) the date on which the requirements of check-to-paycheck. It means that tens the National Environmental Policy Act of (a) NEGOTIATED SETTLEMENT.— 1969 (42 U.S.C. 4321 et seq.) have been met; (1) IN GENERAL.—If as a result of the inves- of thousands of low-income families (B) the date on which the Secretary of the tigation required by section 2 an affirmative will be completely ineligible for a cred- Interior approves the appraisals under sub- determination is made that the actions of it they should receive. section (c)(2)(C); or the Australian Wheat Board have resulted in This year, because the income (C) the date on which the Secretaries and barriers to United States wheat exports or threshold is indexed, only taxpayers the landowner agree on the costs of the ex- meet the requirements for mandatory action earning over $11,750 are eligible to re- change and any other terms and conditions described in section 301(a)(1) of the Trade Act ceive the refundable portion of the of the exchange under this section. of 1974 (19 U.S.C. 2411(a)(1)), the United child tax credit. Low-income families States Trade Representative shall seek a ne- (2) NOTICE.—The Secretaries shall submit earning less than $11,750 are shut out of to the Committee on Energy and Natural Re- gotiated settlement with the Government of sources of the Senate and the Committee on Australia for compensation under section the child tax credit completely. Resources of the House of Representatives 301(c)(1)(D) of such Act (19 U.S.C. For example, a single mother who notice of the completion of the exchange of 2411(c)(1)(D)). earns the current minimum wage and Federal land and non-Federal land under this (2) AMOUNT OF COMPENSATION.—In seeking a works a 40 hour week, for all 52 weeks Act. settlement under paragraph (1), the Trade of the year, fails to qualify for the re- SEC. 4. ADMINISTRATION. Representative shall seek compensation in fundable portion of the child tax credit. (a) IN GENERAL.—The Secretary of the In- an amount equal to the economic damages Since the mother earns $10,700, she is a suffered by United States wheat farmers as a terior shall administer the non-Federal land mere $300 away from qualifying for the acquired under this Act in accordance with result of the actions of the Australian Wheat the laws generally applicable to units of the Board with respect to the Board’s abuse of credit. Worse, if the single mother does National Park System, including the Act of the United Nations Oil-for-Food Programme. not receive a raise the following year, August 25, 1916 (commonly known as the (b) IMPOSITION OF DUTIES.— it will be even tougher to qualify be- ‘‘National Park Service Organic Act’’) (16 (1) IN GENERAL.—If the United States Trade cause the $11,750 she originally needed U.S.C. 1 et seq.). Representative fails to reach a settlement to earn is adjusted for inflation and (b) MAPS.— with the Government of Australia on or be- will increase. (1) IN GENERAL.—The map shall be on file fore the date that is 6 months after the date Today, I am introducing legislation, and available for public inspection in the ap- that the United States Trade Representative propriate offices of the Secretaries. begins the negotiations described in sub- the Working Family Child Assistance (2) TRANSMITTAL OF REVISED MAP TO CON- section (a), the United States Trade Rep- Act, with Senators LINCOLN, OBAMA, GRESS.—Not later than 180 days after com- resentative shall establish a retaliation list and ROCKEFELLER that will enable pletion of the exchange, the Secretaries shall (as described in section 306(b)(2)(E) of the more hard-working, low-income fami- transmit to the Committee on Energy and Trade Act of 1974; 19 U.S.C. 2416(b)(2)(E)) and lies to receive the refundable child Natural Resources of the Senate and the shall impose a rate of duty of 100 percent ad credit this year. My legislation returns Committee on Resources of the House of valorem on articles on that list that are im- the amount of income a family must Representatives a revised map that depicts— ported directly or indirectly from Australia. earn to qualify for the child tax credit (A) the Federal land and non-Federal land The duties shall be imposed in a manner con- exchanged under this Act; and sistent with section 301(a)(3) of the Trade to $10,000. Moreover, my bill would ‘‘de- (B) the easement described in section 3(b). Act of 1974 (19 U.S.C. 2411(a)(3)). index’’ the $10,000 threshold for infla- (2) DURATION OF ADDITIONAL DUTIES.—The tion, so families failing to get a raise By Mr. COLEMAN: duties imposed pursuant to paragraph (1) each year would not lose benefits.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S290 CONGRESSIONAL RECORD — SENATE January 9, 2007 Most notably, my bill is identical to can American children and half of all you didn’t get a raise, or if you worked the refundable child credit proposal the Latino children are left out of the full fewer hours than the year before, then Senate passed in May 2001 as part of its child tax credit because their family’s your tax refund probably shrunk. It version of that year’s tax bill. Al- earnings are just too low to qualify. may even have disappeared. Given that though I was able to ensure that a re- It is wrong to provide this credit to an estimated four and a half million fundable child credit would be part of some hardworking Americans, while households with children experienced the final bill sent to President Bush, leaving others behind. The single, this decline last year alone, we must conferees did index the $10,000 thresh- working parent that is stocking reverse this unintended—and unfair— old to inflation despite my best efforts. shelves at your local grocery store is effect. The staff of the Joint Committee on every bit as deserving as the teacher, In many cases, indexing the param- Taxation has estimated that this legis- accountant or insurance salesman that eters of the tax system for inflation lation will allow an additional 600,000 qualifies for the credit in its current makes sense because it neutralizes the families to benefit from the refundable form. We must address this inequity effects of inflation on the tax system. child tax credit. The Maine Depart- and we must ensure that our tax code In this case, however, indexing the ment of Revenue estimates that 16,700 works for all Americans, especially threshold results in an unfair tax in- families in Maine alone would benefit those working parents forced to get by crease for low-income, working fami- from our proposal. Two thousand of on the minimum wage. lies whose incomes are not keeping up these Maine families would otherwise In response, Senator SNOWE and I with rising costs. Recent data indicates be completely locked out of the refund- have proposed a solution that will that the typical low-income household able child tax credit under current law. build on our previous efforts to make actually saw its earnings decline dur- For example, my legislation provides this credit work for those that need it ing the first few years ofthis decade. At a $113 child credit to a mom who earns the most. Today, we are reintroducing the same time, the costs of housing, $10,750 per year. That’s money she the Working Child Family Assistance childcare, and driving to work have in- could use to buy groceries, school Act, legislation which de-indexes the creased sharply. books, other family necessities, and income threshold and sets it at a rea- This bill returns the threshold to its even pay rent. sonable level so that all working par- original level of $10,000 and freezes it, Our families and our country are bet- ents, including those making the min- thereby expanding the benefit to inter off when government lets people imum wage, qualify for the credit. This clude more kids and protecting those keep more of what they earn. Parents is a simple, easy solution to a serious families from unfair tax increases due deserve their per-child tax credit, and problem. to inflation. This is an important step my bill rewards families for work. I look forward to working with my in improving the fairness of our tax I am committed to this issue and colleagues and the Administration to code and providing necessary support have called on President Bush to work correct this inequity and to ensure to working families. with Congress so we can help an addi- that those low-income, hard-working In time, I hope we will do more. It is tional one million children, whose par- families that need this credit the most unfair that more than eight million ents and guardians struggle every day do receive its benefits. children in families with incomes too to take care of them. Mr. OBAMA. Mr. President, I rise to low to qualify for even a partial credit Mrs. LINCOLN. Mr. President, I come speak about the Child Tax Credit and get no benefit at all. These are families before the Senate to once again raise to support S. 218, a bill I’ve worked on whose incomes are far below the Fed- an issue that is near and dear to my with Senators SNOWE and LINCOLN. eral poverty level and whose children heart—an issue that is of great impor- Working families should get the tax re- ironically have the greatest needs— tance to working families across this lief they deserve, and I am proud to co- even as their parents pay an enormous country. In 2001 and again in 2003, Sen- sponsor this bill to help realize this as- share of their incomes in taxes and ator SNOWE and I worked together to piration. The Child Credit is an impor- basic services, such as food, housing, ensure that low-income working fami- tant component of our Federal tax and clothing. lies with children receive the benefit of code, and S. 218 is an important step in America can do better. In the new the Child Tax Credit. I come here today making the credit more valuable and Congress, I hope we will tackle the to again ask my colleagues to help me more fair for those who need it most. broader challenge of ensuring that ensure that low-income families aren’t Raising children is expensive and has their parents have jobs that pay living forgotten as we discuss tax relief in the become even more so in recent years. wages, a home they can afford, a school 110th Congress. The Child Tax Credit allows middle district that enables a life of oppor- Unfortunately, although we have class families to claim a credit of $1,000 tunity, a community that cares for its made great strides in ensuring that the per child against their Federal income children, and the faith that hard work credit is a useful tool for our working tax. That’s a big help in covering these and personal commitment payoff. families, in its current form it isn’t rising costs. America can do this. working for everyone. We can and Importantly, the Child Credit also I urge my colleagues to join me in should take an important additional recognizes the particular vulnerability supporting this important bill as a first step to improve it. low-income families with children. step in addressing the broader goal of As some of my colleagues may be Since the credit is refundable to the ex- equal opportunity for all Americans. aware, to be eligible for the refundable tent of 15 percent of a taxpayer’s child tax credit, working families must earned income in excess of $11,300, fam- By Mr. CRAIG: meet an income threshold. If they ilies earning more than that threshold S. 220. A bill to authorize early re- don’t earn enough, then they don’t level of income get at least a partial payment of obligations to the Bureau qualify for the credit. The problem is benefit even if they have no Federal in- of Reclamation within the A & B Irri- that some of our working parents are come tax liability. The benefit may be gation District in the State of Idaho; working full-time, every week of the small for families with low incomes, to the Committee on Energy and Nat- year and yet they still don’t earn but every penny helps defray the rising ural Resources. enough to meet the income threshold costs of being a working parent in Mr. CRAIG. Mr. President, I rise to qualify for the credit, much less to America today. today to introduce the Southern Idaho receive a meaningful refund. Unfortunately, as currently struc- Bureau of Reclamation Repayment Act In 2006, the New York Times high- tured, the Child Credit leaves more and of 2007. This Act authorizes prepay- lighted a report which shows that al- more families out of the benefit each ment by landowners of their allocated most one-third of our children live in year. That’s because the income portion of the obligations to the Bu- families that do not qualify for the threshold for eligibility rises annually reau of Reclamation within A&B Irri- child tax credit because family earn- at the rate of inflation even though gation District and will allow indi- ings are too low. When you break the family incomes may not rise as fast. vidual landowners to prepay their obli- findings down by race, it’s even more That means that if you earn the min- gations if they so desire. Additionally, disheartening—about half of all Afri- imum wage, or if your wage is low and the Act will allow the landowners who

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S291 have prepaid to be exempt from the tion. This bill would not rule out arbi- can exceed the magnitude of the dispute acreage limitation provisions set in the tration-just forced arbitration. itself, with farmers being required to pay Reclamation Reform Act of 1982, there- The Fair Contracts for Growers Act fees in the thousands of dollars just to start the arbitration process. by creating an appropriate market for would amend the Packers and Stock- Arbitration can be a valid and effective the sale of those lands now owned by yards Act to require that any contract method of dispute resolution when agreed to landowners who have either died or arbitration be voluntarily agreed upon voluntarily through negotiation by two par- have retired. by both parties to settle disputes at ties of similar power, but when used by a I look forward to working with my the time a dispute arises, not when the dominant party to limit the legal recourse of colleagues to move this necessary bill contract is signed. This would allow a weaker party in a non-negotiable contract, through the legislative process quick- farmers the opportunity to choose the it becomes an abusive weapon. Independent ly. best form of dispute resolution and not family farmers all over the U.S. will benefit from a law that stops the abuse of arbitra- have to submit to the packers. It en- By Mr. GRASSLEY (for himself, tion clauses in livestock and poultry con- sures that a farmer, most often the tracts. Mr. FEINGOLD, Mr. KOHL, Mr. ‘‘little guy’’ in these dealings, is able Sincerely, HARKIN, Mr. HAGEL, and Mr. to maintain his constitutional right to CHRIS PETERSEN, LEAHY): a jury trial. It also gives him a chance President. S. 221. A bill amend title 9, United to compel disclosure of relevant infor- States Code, to provide for greater fair- mation, held by the company, which is JANUARY 4, 2007. ness in the arbitration process relating necessary for a fair decision. Hon. CHARLES GRASSLEY, U.S. Senate, to livestock and poultry contracts; to During consideration of the Farm the Committee on the Judiciary. Washington DC. Bill, the Senate passed, by a vote of 64– DEAR SENATOR GRASSLEY, On behalf of the Mr. GRASSLEY. Mr. President, I rise 31, the Feingold-Grassley amendment Campaign for Contract Agriculture Reform, I to re-introduce the Fair Contracts for to give farmers a choice of venues to would like to thank you for your leadership Growers Act of 2007. This bill would resolve disputes associated with agri- in introducing the Fair Contracts for Grow- simply instill fairness into contractual cultural contracts. I urge my col- ers Act. With the rapid rise of vertically integrated dealings between farmers and proc- leagues to join with Senator FEINGOLD methods of agricultural production, farmers essors. It ensures that parties to a dis- and me, along with our other cospon- pute related to agricultural contracts are increasingly producing agricultural prod- sors, in supporting this important leg- ucts under contract with large processors. In have a true choice of venues. islation. many cases, particularly in the livestock and I introduce this legislation because I I ask unanimous consent that the poultry sector, the farmer never actually believe that anti-competitive activity text of the bill and letters of support be owns the product they produce, but instead has become a grave threat to the fam- printed in the RECORD. makes large capital investments on their ily farmer. During the last Farm Bill There being no objection, the mate- own land to build the facilities necessary to debate, I brought this same bill for- rial was ordered to be printed in the raise animals for an ‘‘integrator.’’ ward, along with several others. De- Under such contract arrangements, farm- RECORD, as follows: ers and growers are often given take-it-or- spite this policy passing the Senate, re- IOWA FARMERS UNION, leave-it, non-negotiable contracts, with lan- markably the final Farm Bill included Ames, IA, January 3, 2007. guage drafted by the integrator in a manner no provisions to address concentration. Hon. CHARLES GRASSLEY, designed to maximize the company’s profits So, earlier this year, I announced U.S. Senate, and shift risk to the grower. In many cases, that I will be putting forward a pack- Washington, DC. the farmer has little choice but to sign the age of bills that will focus on anti-com- DEAR SENATOR GRASSLEY: I am writing on contract presented to them, or accept bank- petitive activity in the agriculture in- behalf of Iowa Farmers Union, Women, Food ruptcy. The legal term for such contracts is and Agriculture Network (WFAN) and the ‘‘contract of adhesion.’’ As contracts of ad- dustry. This bill is the first step of my Iowa Chapter of National Farmers Organiza- agriculture concentration agenda. hesion become more commonplace in agri- tion to reiterate our strong support for the culture, the abuses that often characterize Today’s legislation is one piece of the Fair Contracts for Growers Act, and to such contracts are also becoming more com- puzzle to help stop the unfair impact thank you for your leadership in introducing monplace and more egregious. that vertical integration is having on this legislation. One practice that has become common in the family farmer. In the last several Contract livestock and poultry producers livestock and poultry production contracts years we’ve seen a tremendous shift in are being forced to sign mandatory arbitra- is the use of mandatory arbitration clauses, agriculture toward contract production clauses, as part of a take-it-or-leave-it, where growers are forced to sign away their non-negotiable contract with large, tion. Under many of these contract ar- constitutional rights to jury trial upon sign- vertically integrated processing firms. These ing a contract with an integrator, and in- rangements, large, vertically inte- producers forfeit their basic constitutional stead accept a dispute resolution forum that grated agribusiness firms have the right to a jury trial, and instead must accept denies their basic legal rights and is too power to dictate the terms of ‘‘take-it- an alternative dispute resolution forum that costly for most growers to pursue. or-leave-it’’ production contracts to severely limits their rights and is often pro- Because basic legal processes such as dis- farmers. hibitively expensive. These clauses are covery are waived in arbitration, it becomes Then, when there is a dispute be- signed before any dispute arises, leaving very difficult for a farmer or grower to prove tween the packer and the family farm- farmers little if any ability to seek justice if their case. In these cases, the company has they become the victim of fraudulent or abu- control of the information needed for a grower, and the contract between the two sive trade practices. er to argue their case. In a civil court case, includes an arbitration clause, the fam- Because basic legal processes such as dis- this evidence would be available to a grow- ily farmer has no alternative but to ac- covery are waived in arbitration, it becomes ers’ attorney through discovery. In an arbi- cept arbitration to resolve the dispute. very difficult for a farmer or grower to prove tration proceeding, the company is generally These clauses limit farmers’ abilities their case. In these cases, the company has not required to provide access to this infor- to pursue remedies in court, even when control over the information needed for mation, thus placing the farmer/grower at an violations of Federal or State law are growers to argue their case. In a civil court extreme disadvantage. Other standard legal at issue. This mandatory arbitration case, this evidence would be available to a rights that are waived through arbitration grower’s attorney through discovery. In an are access to mediation and appeal, as well process puts the farmer at a see dis- arbitration proceeding, the company is not as the right to an explanation of the deci- advantage. Even in a situation where required to provide access to this informa- sion. discrimination or fraud is suspected, a tion, thus placing the farmer/grower at an In addition, it is often assumed that arbi- farmer’s only recourse under such a extreme disadvantage. Other standard legal tration is a less costly way of resolving dis- contract is to submit to arbitration. rights that are waived through arbitration pute than going to court. Yet for the farmer, The farmer cannot seek redress in are access to mediation and appeal as well as the opposite is usually true. The high cost of court, even if the result is bankruptcy the right to an explanation of the decision. arbitration is often a significant barrier to or financial ruin. Many assume that arbitration is a less most farmers. The up-front filing fees and ar- costly way of resolving dispute than going to bitrator fees can exceed the magnitude of the Make no mistake, arbitration is very court, but for the producer, the opposite is dispute itself. For example, in one Mis- useful in certain situations. It reduces usually true. The high cost of arbitration is sissippi case, filing fees for a poultry grower the load on our courts, and can save often a significant barrier to most farmers. to begin an arbitration proceeding were parties the expense of drawn-out litiga- The up-front filing fees and arbitrator fees $11,000. In contrast, filing fees for a civil

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S292 CONGRESSIONAL RECORD — SENATE January 9, 2007 court case are $150 to $250. Lawyer fees in a In addition, it is often assumed that arbi- wards the companies. This private system is civil case are often paid on a contingent-fee tration is a less costly way of resolving dis- basically supported financially by the com- basis. pute than going to court. Yet for the farmer, panies which are involved repeatedly in arbi- In addition, the potential for mandatory the opposite is usually true. The high cost of tration cases. The companies also know the arbitration clauses to be used abusively by a arbitration is often a significant barrier to history of previous arbitrations, including dominant party in a contract has also been most farmers. The up-front filing fees and ar- which arbitrators generally decide in the recognized by Congress with regard to other bitrator fees can exceed the magnitude of the companies’ favor. This arbitration history is sectors of our economy. In 2002, legislation dispute itself, with farmers being required to rarely available to a farmer or rancher in- was enacted with broad bipartisan support pay fees in the thousands of dollars just to volved in a single arbitration proceeding. that prohibits the use of pre-dispute, manda- start the arbitration process. Arbitration is often assumed to be a less tory arbitration clauses in contracts be- Arbitration can be a valid and effective costly way of resolving disputes than litiga- tween car dealers and car manufacturers and method of dispute resolution when agreed to tion. But this assumption must be tested in distributors. The Fair Contract for Growers voluntarily through negotiation by two par- light of the relative resources of the parties. Act is nearly identical in structure to the ties of similar power, but when used by a For most farmers and ranchers, arbitration ‘‘car dealer’’ arbitration bill passed by Con- dominant party to limit the legal recourse of is a significant expense in relation to their gress in 2002. a weaker party in a non-negotiable contract, income. One immediate financial barrier is Thank you again for introducing the Fair it becomes an abusive weapon. Contracts for Growers Act, to assure that ar- filing fees and case service fees, which in ar- Thank you for your leadership in recog- bitration are usually divided between the bitration in livestock and poultry contracts nizing these concerns, and your willingness is truly voluntary, after mutual agreement parties. A few thousand dollars out of pocket to introduce common sense legislation to is a minuscule expense for a well-heeled com- of both parties after a dispute arises. If used, stop the abuse of arbitration clauses in the arbitration should be a tool for honest dis- pany but can be an insurmountable barrier livestock and poultry contracts. for a farmer with a modest income who is in pute resolution, not a weapon used to limit Sincerely, a farmers’ right to seek justice for abusive conflict with the farmer’s chief source of in- GEORGE NAYLOR, come. This significant cost barrier to most trade practices. President. I look forward to working with you toward farmers, when coupled with the disadvan- enactment of this important legislation. tages of the arbitration process, can deny SUSTAINABLE AGRICULTURE COALITION, Sincerely, farmers an effective remedy in contract dis- Washington, DC, January 8, 2007. STEVEN D. ETKA pute cases with merit. Senator CHUCK GRASSLEY, The Sustainable Agriculture Coalition rep- Legislative Coordinator, Campaign Hart Senate Office Building, for Contract Agriculture Reform. resents family farm, rural development, and Washington, DC. conservation and environmental organiza- DEAR SENATOR GRASSLEY: I am writing on NATIONAL FAMILY FARM COALITION, behalf of the Sustainable Agriculture Coali- tions that share a commitment to federal Washington, DC, January 9, 2007. tion in support of the Fair Contract for policy reform to promote sustainable agri- Senator CHARLES GRASSLEY, Growers Act and to thank you for your lead- culture and rural development. Coalition Hart Building, ership in introducing this legislation. member organizations include the Agri- Washington, DC. The Fair Contracts for Growers Act is nec- culture and Land Based Training Associa- DEAR SENATOR GRASSLEY; I am writing as essary to help level the playing field for our tion, American Natural Heritage Founda- president of the National Family Farm Coa- farmers and ranchers who enter into production, C.A.S.A. del Llano (Communities As- lition to express our strong support for the tion contracts with packers and processors. suring a Sustainable Agriculture), Center for Fair Contracts for Growers Act, and to The rapid rise of vertically integrated pro- Rural Affairs, Dakota Rural Action, Delta thank you for your leadership in introducing duction chains, combined with the high de- Land and Community, Inc., Future Harvest- this legislation. As you know, the National gree of concentration of poultry processors CASA (Chesapeake Alliance for Sustainable Family Farm Coalition provides a voice for and meatpackers, leaves farmers and ranch- Agriculture), Illinois Stewardship Alliance, grassroots groups on farm, food, trade and ers in many regions of the country with few Institute for Agriculture and Trade Policy, rural economic issues to ensure fair prices choices, or only a single choice, of buyers for Iowa Environmental Council, Iowa Natural for family farmers, safe and healthy food, their products. Increasingly, farmers and Heritage Foundation, Kansas Rural Center, and vibrant, environmentally sound rural ranchers are confronted with ‘‘take-it-or- Kerr Center for Sustainable Agriculture, communities. Our organization is committed leave-it,’’ non-negotiable contracts, written Land Stewardship Project, Michael Fields to promoting justice in agriculture, which is by the company. These contracts require Agricultural Institute, Michigan Agricul- stymied by current practices that give farm- that farmers and ranchers give up the basic tural Stewardship Association, Michigan ers unfair and unjust difficulties when they Land Use Institute, Midwest Organic and wish to arbitrate a contract dispute. constitutional right of access to the courts and sign mandatory binding arbitration Sustainable Education Service, The Min- Therefore, the Fair Contracts for Growers nesota Project, National Catholic Rural Life Act is very timely. With the rapid rise of clauses if they want access to a market for their products. These clauses are signed be- Conference, National Center for Appropriate vertically integrated methods of agricultural Technology, Northern Plains Sustainable production, farmers are increasingly pro- fore any dispute arises, leaving the producers Agriculture Society, Ohio Ecological Food ducing agricultural products under contract little, if any, ability to seek justice if they and Farm Association, Organic Farming Re- with large processors. Under these contracts, become the victim of fraudulent or abusive search Foundation, Pennsylvania Associa- it is common for farmers and growers to be trade practices. tion for Sustainable Agriculture, Rural Ad- forced to sign mandatory arbitration Arbitration can be a valid and effective vancement Foundation International-USA, clauses, as part of a take-it-or-leave-it, non- method of dispute resolution when agreed to the Sierra Club Agriculture Committee, and negotiable contract with a large, vertically voluntarily through negotiation by two par- the Washington Sustainable Food and Farm- integrated processing firm. In doing so, the ties of similar power, but when used by a ing Network. Our member organizations in- farmer is forced to give up their basic con- dominant party to limit the legal recourse of cluded thousands of farmers and ranchers stitutional right to a jury trial, and instead a weaker party in a non-negotiable contract, must accept an alternative dispute resolu- it becomes an abusive weapon. Many basic with small and mid-size operations, a num- tion forum that severely limits their rights legal processes are not available to farmers ber of whom have entered into agricultural and is often prohibitively expensive. These and ranchers in arbitration. In most agricul- production contracts or are considering clauses are signed before any dispute arises, tural production contract disputes, the com- whether to sign these contracts. As individ- leaving farmers little if any ability to seek pany has control of the information needed uals, these farmers and ranchers do not have justice if they become the victim of fraudu- for a grower to argue a case. In a civil court the financial power or negotiating position lent or abusive trade practices. case, this evidence would be available to the that companies enjoy in virtually every con- Because basic legal processes such as dis- grower’s attorney through discovery. In an tract dispute. We agree with Senator Grass- covery are waived in arbitration, it becomes arbitration proceeding, however, the com- ley that, in the face of such unequal bar- very difficult for a farmer or grower to prove pany is not required to provide access to this gaining power, the Fair Contract for Growers their case. In these cases, the company has information, thus placing the grower at an Act is a modest and appropriate step which control of the information needed for a grow- extreme disadvantage. In addition, in most allows growers the choice of entering into er to argue their case. In a civil court case, arbitration proceedings, a decision is issued arbitration or mediation or choosing to exer- this evidence would be available to a grow- without an opinion providing an explanation cise the basic legal right of access to the ers’ attorney through discovery. In an arbi- of the principles and standards or even the courts. tration proceeding, the company is not re- facts considered in reaching the decision. Thank you for your leadership in recog- quired to provide access to this information, The arbitration proceeding is a private, nizing these concerns, and your willingness thus placing the farmer/grower at an ex- closed to effective public safeguards, and the to introduce commonsense legislation to treme disadvantage. Other standard legal arbitration decisions are often confidential stop the abuse of mandatory arbitration rights that are waived through arbitration and rarely subject to public oversight or clauses in livestock and poultry contracts. are access to mediation and appeal, as well judicia1 review. Sincerely, as the right to an explanation of the deci- Moreover, there is a growing perception MARTHA L. NOBLE, sion. that the arbitration system is biased to- Senior Policy Associate.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S293 S. 221 campaign finance disclosure reports the week before the November 7 elec- Be it enacted by the Senate and House of Rep- electronically and that those reports tion if they did Web searches for infor- resentatives of the United States of America in be promptly made available to the pub- mation on general election contribu- Congress assembled, lic. This step is long overdue, and I tions since June 30. In all ten of the SECTION 1. SHORT TITLE. hope that the fact that we now have most closely followed Senate races vot- This Act may be cited as the ‘‘Fair Con- two dozen or so bipartisan cosponsors ers were unable to search through any tracts for Growers Act of 2007’’. indicates that the Senate will act candidate reports for information on SEC. 2. ELECTION OF ARBITRATION. quickly on this legislation. ‘pre-general election (October 1–18)’ do- (a) IN GENERAL.—Chapter 1 of title 9, A series of reports by the Campaign nations.’’ And a September 18, 2006, col- United States Code, is amended by adding at Finance Institute has highlighted the the end the following: umn by Jeffery H. Birnbaum in the anomaly in the election laws that Washington Post noted that ‘‘When the ‘‘§ 17. Livestock and poultry contracts makes it nearly impossible for the pub- polls opened in November 2004, voters ‘‘(a) DEFINITIONS.—In this section: lic to get access to Senate campaign fi- were in the dark about $53 million in ‘‘(1) LIVESTOCK.—The term ‘livestock’ has nance reports while most other reports the meaning given the term in section 2(a) of individual Senate contributions of $200 the Packers and Stockyards Act, 1921 (7 are available on the Internet within 24 or more dating all the way back to U.S.C. 182(a)). hours of their filing with the Federal July . . .’’ ‘‘(2) LIVESTOCK OR POULTRY CONTRACT.—The Election Commission (FEC). The Cam- It is time for the Senate to at long term ‘livestock or poultry contract’ means paign Finance Institute asks a rhetor- last relinquish its backward attitude any growout contract, marketing agreement, ical question: ‘‘What makes the Senate toward campaign finance disclosure. I or other arrangement under which a live- so special that it exempts itself from a am encouraged by the supportive state- stock or poultry grower raises and cares for key requirement of campaign finance ments from a number of my colleagues livestock or poultry. disclosure that applies to everyone ‘‘(3) LIVESTOCK OR POULTRY GROWER.—The on both sides of the aisle, including the term ‘livestock or poultry grower’ means else, including candidates for the new Minority Leader and Minority any person engaged in the business of raising House of Representatives and Political Whip, and the new Chair of the Rules and caring for livestock or poultry in accord- Action Committees?’’ Committee. I urge the enactment of ance with a livestock or poultry contract, The answer, of course, is nothing. this simple bill that will make our re- whether the livestock or poultry is owned by The United States Senate is special in ports subject to the same prompt, pub- the person or by another person. many ways. I am proud to serve here. lic scrutiny as those filed by PACs, ‘‘(4) POULTRY.—The term ‘poultry’ has the But there is no excuse for keeping our House and Presidential candidates, and meaning given the term in section 2(a) of the campaign finance information inacces- even 527 organizations. I close with an- Packers and Stockyards Act, 1921 (7 U.S.C. sible to the public when the informa- 182(a)). other question from the Campaign Fi- ‘‘(b) CONSENT TO ARBITRATION.—If a live- tion filed by House candidates or oth- nance Institute: ‘‘Isn’t it time that the stock or poultry contract provides for the ers is readily available. A recent Wash- Senate join the 21st century and allow use of arbitration to resolve a controversy ington Post editorial called this delay itself to vote on a simple legislative fix under the livestock or poultry contract, ar- ‘‘completely unjustified.’’ I couldn’t that could significantly improve our bitration may be used to settle the con- agree more, especially now, when the democracy?’’ This Congress, let us an- troversy only if, after the controversy arises, Senate is debating ethics reforms de- swer that question in the affirmative. both parties consent in writing to use arbi- signed to increase transparency and ac- tration to settle the controversy. I ask unanimous consent that the countability to the public. I ask unani- ‘‘(c) EXPLANATION OF BASIS FOR AWARDS.— text of the bill be printed in the If arbitration is elected to settle a dispute mous consent that the text of this edi- RECORD. under a livestock or poultry contract, the ar- torial be printed in the RECORD fol- There being no objection, the mate- bitrator shall provide to the parties to the lowing the text of the bill. rial was ordered to be printed in the contract a written explanation of the factual My bill amends the section of the RECORD, as follows: and legal basis for the award.’’. election laws dealing with electronic S. 223 (b) TECHNICAL AND CONFORMING AMEND- filing to require reports filed with the Be it enacted by the Senate and House of Rep- MENT.—The table of sections for chapter 1 of Secretary of the Senate to be filed resentatives of the United States of America in title 9, United States Code, is amended by electronically and forwarded to the Congress assembled, adding at the end the following: FEC within 24 hours. The FEC is re- SECTION 1. SHORT TITLE. ‘‘17. Livestock and poultry contracts.’’. quired to make available on the Inter- This Act may be cited as the ‘‘Senate Cam- SEC. 3. EFFECTIVE DATE. net within 24 hours any filing it re- paign Disclosure Parity Act’’. The amendments made by section 2 shall ceives electronically. So if this bill is SEC. 2. SENATE CANDIDATES REQUIRED TO FILE apply to a contract entered into, amended, ELECTION REPORTS IN ELECTRONIC altered, modified, renewed, or extended after enacted, electronic versions of Senate FORM. the date of enactment of this Act. reports should be available to the pub- (a) IN GENERAL.—Section 304(a)(11)(D) of lic within 48 hours of their filing. That the Federal Election Campaign Act of 1971 (2 By Mr. FEINGOLD (for himself, will be a vast improvement over the U.S.C. 434(a)(11)(D)) is amended to read as Mr. COCHRAN, Mr. MCCAIN, Mr. current situation, which, according to follows: DURBIN, Mr. ALLARD, Mr. the Campaign Finance Institute, re- ‘‘(D) As used in this paragraph, the terms ‘designation’, ‘statement’, or ‘report’ mean a LUGAR, Ms. LANDRIEU, Mr. LIE- quires journalists and interested mem- designation, statement or report, respec- BERMAN, Mr. GRASSLEY, Mrs. bers of the public to review computer tively, which— HUTCHISON, Mr. LEVIN, Ms. images of paper-filed copies of reports, ‘‘(i) is required by this Act to be filed with MURKOWSKI, Mr. CORNYN, Mr. and involves a completely wasteful ex- the Commission, or GRAHAM, Mr. KERRY, Mr. SALA- penditure of hundreds of thousands of ‘‘(ii) is required under section 302(g) to be ZAR, Mr. OBAMA, Mr. DORGAN, dollars to re-enter information into filed with the Secretary of the Senate and Mr. WYDEN, Mr. ROCKEFELLER, databases that almost every campaign forwarded by the Secretary to the Commis- Mrs. BOXER, Mr. REED, and Mrs. has available in electronic format. sion.’’. (b) CONFORMING AMENDMENTS.— FEINSTEIN): The current filing system also means (1) Section 302(g)(2) of such Act (2 U.S.C. S. 223. A bill to require Senate can- that the detailed coding that the FEC 432(g)(2)) is amended by inserting ‘‘or 1 work- didates to file designations, state- does, which allows for more sophisti- ing day in the case of a designation, statements, and reports in electronic form; cated searches and analysis, is comment, or report filed electronically’’ after ‘‘2 to the committee on Rules and Admin- pleted over a week later for Senate re- working days’’. istration. ports than for House reports. This (2) Section 304(a)(11)(B) of such Act (2 Mr. FEINGOLD. Mr. President, today means that the final disclosure reports U.S.C. 434(a)(11)(B)) is amended by inserting I will once again introduce with the, covering the first two weeks of October ‘‘or filed with the Secretary of the Senate under section 302(g)(1) and forwarded to the Senator from Mississippi, Mr. COCHRAN, are often not susceptible to detailed Commission’’ after ‘‘Act’’. and the Senator from Arizona, Mr. scrutiny before the election. According (c) EFFECTIVE DATE.—The amendments MCCAIN, a bill to bring Senate cam- to the Campaign Finance Institute, in made by this section shall apply to any des- paigns into the 21st century by requir- the 2006 election, ‘‘[v]oters in six of the ignation, statement, or report required to be ing that Senate candidates file their hottest Senate races were out of luck filed after the date of enactment of this Act.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S294 CONGRESSIONAL RECORD — SENATE January 9, 2007 [From The Washington Post, Dec. 6, 2006] America’s leadership, economic, and At the end of the day, this is a vol- DARK AGES DISCLOSURE; IT’S TIME FOR THE national security rest on our commit- untary measure. States will choose SENATE TO BRING ITS CAMPAIGN FILING ment to educate and prepare our youth whether or not to participate. States SYSTEM INTO THE MODERN ERA to succeed in a global economy. The that do participate, while required to Three years ago we wrote an editorial key to succeeding in this endeavor is to adopt the American standards, will be using the headline above. It decried the have high expectations for all Amer- given the flexibility to make them senseless and costly loophole under which ican students as they progress through their own. They will have the option to people running for the Senate—alone among federal political candidates and commit- our Nation’s schools. add additional content requirements, tees—aren’t required to file campaign fi- Currently there are 50 different sets they will have final say in how nance reports electronically. In an age when of academic standards, 50 State assess- coursework is sequenced, and, ulti- such reports can be filed with the click of a ments, and 50 definitions of proficiency mately, States and districts will still mouse, Senate candidates submit their dis- under the No Child Left Behind Act. As be the ones developing the curriculum, closures on paper, with weeks of delay before a result of varied standards, exams and choosing the textbooks and admin- they are transferred to a form available and proficiency levels, America’s highly istering the tests. The standards pro- searchable on the Internet. As a result, in mobile student-aged population moves vided for under this legislation will the final stretch of campaigns, anyone inter- through the Nation’s schools gaining ested in learning who is bankrolling Senate simply serve as a common core. candidates or how they are spending the cash widely varying levels of knowledge, The SPEAK Act will task the Na- has to go page by page through voluminous skills and preparedness. And yet, in tional Assessment Governing Board reports. This delay is so obviously unjusti- order for the United States to compete (NAGB) with creating rigorous and vol- fied that we expected the legal glitch to be in a global economy, we must strength- untary core American education con- quickly fixed. en our educational expectations for all tent standards in math and science for Naive us. Three years later, the situation American children—we must compete grades K–12. It will require that the remains unaddressed. According to the Cam- as one Nation. standards be anchored in the National paign Finance Institute, as late as the week Recent international comparisons Assessment of Educational Progress’ before Election Day, in all 10 of the most show that American students have sig- closely followed Senate races, no detailed in- (NAEP) math and science frameworks. formation was available online about con- nificant shortcomings in math and It will ensure that such standards are tributions between Oct. 1 and Oct. 18, the science. Many lack the basic skills re- internationally competitive and com- last filing period before the election. For six quired for college or the workplace. parable to the best standards in the candidates in those races—Democrats Ned This affects our economic and national world. It will develop rigorous achieve- Lamont (Conn.), Claire McCaskill (Mo.) and security; it holds us back in the global ment levels. It will ensure that varying Sheldon Whitehouse (R.I.), and Republicans marketplace and risks ceding our com- developmental levels of students are Mike DeWine (Ohio), Rick Santorum (Pa.) petitive edge. This is unacceptable. taken into account in the development and Thomas H. Kean Jr. (N.J.)—the only fi- America was founded on the notion nancial information available was from be- of such standards. It will provide for fore June 30. of ensuring equity and opportunity for periodic review and update of such It would be easy to change the rule, and all. And yet, we risk both when we standards. It will allow participating the Senate should do so in the final days of allow different students in different States the flexibility to add additional the 109th Congress. More than 20 senators, of States to graduate from high school standards to the core. And, it estab- both parties, have signed on to S. 1508, the with very different educations. We live lishes an American Standards Incen- Senate Campaign Disclosure Parity Act. If in a Nation with an unacceptably high tive Fund to incentivize States to any senator opposes requiring electronic fil- high school dropout rate. We live in a adopt the standards. Among the bene- ing, none is willing to say so. Majority Whip Nation where 8th graders in some Mitch McConnell (R-Ky.), who was rumored fits of participating is a significant in- to be opposed to the change, says he is for it. States score more than 30 points higher fusion of funds for States to bolster Senate Rules Committee Chairman Trent on tests of basic science knowledge their K–12 data systems. Lott (R-Miss.), whose panel has jurisdiction than students in other States. I ask my What I propose today is a first step. in this area, said three years ago that it was colleagues today what equality of op- A first step in regaining our competi- ‘‘part of honesty in elections, I think. Make portunity we have under such cir- tive edge. A first step in ensuring that it accessible.’’ Now what’s needed is for Mr. cumstances. all American students have the oppor- Lott to get committee members’ approval to This is where American standards tunity to receive a first class, high- speed the matter to the Senate floor. come in. Voluntary, core American quality education. It is not a step that To put it bluntly: Republicans, why let the standards in math and science are the new Democratic majority get credit for mak- I am taking alone. ing this obvious fix? Do it now, while you’re first step in ensuring that all American The SPEAK Act has garnered en- still in charge. students are given the same oppor- dorsements from businesses, math/ tunity to learn to a high standard no science organizations, foundations, and By Mr. DODD (for himself and matter where they reside. They will the education community, including Mr. BINGAMAN): allow for meaningful comparisons of the National Education Association S. 224. A bill to create or adopt, and student academic achievement across (NEA). Through the leadership of Con- implement, rigorous and voluntary States, help ensure that American stu- gressman VERNON EHLERS in the House American education content standards dents are academically qualified to of Representatives it shares not only in mathematics and science covering enter college or training for the civil- bicameral, but bipartisan support. To- kindergarten through grade 12, to pro- ian or military workforce, and help en- gether we have all come together to af- vide for the assessment of student pro- sure that students are better prepared fect meaningful change in our public ficiency benchmarked against such to compete in the global marketplace. schools. standards, and for other purposes; to Uniform standards are a first step in We live in an economy where you can the Committee on Health, Education, maintaining America’s competitive no longer lift, dig or assemble your Labor, and Pensions. and national security edge. way to success. Today, you’ve got to Mr. DODD. Mr. President, on the 5th While I realize there will be resist- think your way to success so that when anniversary of No Child Left Behind ance to such efforts, education is after public education doesn’t work, when (NCLB), I rise today to introduce The all a State endeavor; we cannot ignore we fail to compete as one nation, our Standards to Provide Educational that at the end of the day America entire country gets left behind. Low Achievement for Kids (SPEAK) Act, a competes as one country on the global expectations translate to an America bill designed to start the job of holding marketplace. This does not mean that that is less competitive on the world every child in America to the same I am asking States to cede their au- stage. If that happens, we are going to high standards. At its core, SPEAK thority in education. What the bill wonder why we didn’t do anything will create, adopt, and implement vol- simply proposes is that we use the con- about it while we still had time. untary core American education con- vening power of the Federal Govern- Core American standards will set tent standards in math and science ment to develop standards and then high goals for all students, allow for while incentivizing States to adopt provide States with incentives to adopt meaningful comparisons of achieve- them. them. ment across States, and help ensure

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S295 that all of our students are qualified to (6) As a result, the United States’ highly (B) by striking ‘‘reading and mathematics’’ enter college. At the end of the day, we mobile student-aged population moves and inserting ‘‘reading, mathematics, and all want what’s best for our country through the Nation’s schools gaining widely science’’; and and parents want what’s best for their varying levels of knowledge, skills, and pre- (2) in section 1112(b)(1)(F) (20 U.S.C. paredness. 6312(b)(1)(F)), by striking ‘‘reading and math- kids. With core standards, America will (7) In order for the United States to com- ematics’’ and inserting ‘‘reading, mathe- begin the work of regaining its compete in a global economy, the country needs matics, and science’’. petitive edge in the global economy. to strengthen its educational expectations SEC. 4. DEFINITIONS. And in the life of every student, equal- for all children. Section 304 of the National Assessment of ity will be made a little more real with (8) To compete, the people of the United Educational Progress Authorization Act (20 introduction of this bill, as the skills States must compare themselves against U.S.C. 9623) is amended— and knowledge we expect of them are international benchmarks. (1) in the matter preceding paragraph (1), no longer made contingent on where (9) Grounded in a real world analysis and by striking ‘‘In this title:’’ and inserting international comparisons of what students ‘‘Except as otherwise provided, in this they reside. need to succeed in work and college, rigorous I hope that my colleagues will join title:’’; and voluntary core American education con- (2) by redesignating paragraph (2) as para- me in supporting the SPEAK Act. As tent standards will keep the United States graph (3); and we start holding our students to the economically competitive and ensure that (3) by inserting after paragraph (1) the fol- same high standards, I expect that we the children of the United States are given lowing: will be amazed at the excellence that the same opportunity to learn to a high ‘‘(3) SECRETARY.—The term ‘Secretary’ follows. I ask unanimous consent that standard no matter where they reside. means the Secretary of Education.’’. (10) Rigorous and voluntary core American the text of the bill be printed in the SEC. 5. VOLUNTARY AMERICAN EDUCATION CON- education content standards in mathematics RECORD. TENT STANDARDS; AMERICAN and science will enable students to succeed STANDARDS INCENTIVE FUND. There being no objection, the text of in academic settings across States while en- the bill was ordered to be printed in The National Assessment of Educational suring an American edge in the global mar- Progress Authorization Act (20 U.S.C. 9621 et the RECORD, as follows: ketplace. seq.) is amended— S. 224 SEC. 3. ASSESSING SCIENCE IN THE NATIONAL (1) by redesignating sections 304 (as amend- Be it enacted by the Senate and House of Rep- ASSESSMENT OF EDUCATIONAL ed by section 4) and 305 as sections 306 and resentatives of the United States of America in PROGRESS. 307, respectively; and Congress assembled, (a) NATIONAL ASSESSMENT OF EDUCATIONAL (2) by inserting after section 303 the fol- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PROGRESS AUTHORIZATION ACT.—Section 303 lowing: (a) SHORT TITLE.—This Act may be cited as of the National Assessment of Educational ‘‘SEC. 304. CREATION OR ADOPTION OF VOL- the ‘‘Standards to Provide Educational Progress Authorization Act (20 U.S.C. 9622) is UNTARY AMERICAN EDUCATION Achievement for Kids Act’’ or the ‘‘SPEAK amended— CONTENT STANDARDS. Act’’. (1) in subsection (a), by striking ‘‘reading ‘‘(a) IN GENERAL.—Not later than 3 years (b) TABLE OF CONTENTS.—The table of con- and mathematics’’ and inserting ‘‘reading, after the date of enactment of the Standards tents for this Act is as follows: mathematics, and science’’; to Provide Educational Achievement for Sec. 1. Short title; table of contents. (2) in subsection (b)— Kids Act and from amounts appropriated Sec. 2. Findings. (A) in paragraph (1), by inserting under section 307(a)(3) for a fiscal year, the Sec. 3. Assessing science in the National As- ‘‘science,’’ after ‘‘mathematics,’’; Assessment Board shall create or adopt vol- sessment of Educational (B) in paragraph (2)— untary American education content stand- Progress. (i) in subparagraph (B), by striking ‘‘read- ards in mathematics and science covering Sec. 4. Definitions. ing and mathematics’’ and inserting ‘‘read- kindergarten through grade 12. Sec. 5. Voluntary American education con- ing, mathematics, and science’’; ‘‘(b) DUTIES.—The Assessment Board shall tent standards; American (ii) in subparagraph (C), by striking ‘‘read- implement subsection (a) by carrying out the Standards Incentive Fund. ing and mathematics’’ and inserting ‘‘read- following duties: Sec. 6. Authorization of appropriations. ing, mathematics, and science’’; ‘‘(1) Create or adopt voluntary American SEC. 2. FINDINGS. (iii) in subparagraph (D), by striking education content standards for mathe- Congress finds the following: ‘‘science,’’; matics and science covering kindergarten (1) Throughout the years, educators and (iv) in subparagraph (E), by striking ‘‘read- through grade 12 that reflect a common core policymakers have consistently embraced ing and mathematics’’ and inserting ‘‘read- of what students in the United States should standards as the mechanism to ensure that ing, mathematics, and science’’; and know and be able to do to compete in a glob- every student, no matter what school the (v) in subparagraph (F)— al economy. student attends, masters the skills and de- (I) by striking ‘‘continue to’’ ; and ‘‘(2) Anchor the voluntary American edu- velops the knowledge needed to participate (II) by striking ‘‘reading and mathe- cation content standards based on the math- in a global economy. matics’’ and inserting ‘‘reading, mathe- ematics and science frameworks and the (2) Recent international comparisons make matics, and science’’; achievement levels under section 303(e) of clear that students in the United States have (C) in paragraph (3)— the National Assessment of Educational significant shortcomings in mathematics (i) in subparagraph (A), by striking ‘‘read- Progress for grades 4, 8, and 12. and science, yet a high level of scientific and ing and mathematics’’ each place the term ‘‘(3) Ensure that the voluntary American mathematics literacy is essential to societal occurs and inserting ‘‘reading, mathematics, education content standards are internation- innovations and advancements. and science’’; and ally competitive and comparable to the best (3) With more than 50 different sets of aca- (ii) in subparagraph (C)(ii), by striking standards in the world. demic content standards, 50 State academic ‘‘reading and mathematics’’ and inserting ‘‘(4) Review existing standards in mathe- assessments, and 50 definitions of proficiency ‘‘reading, mathematics, and science’’; and matics and science developed by professional under section 1111(b) of the Elementary and (D) in paragraph (4)(B), by striking ‘‘, re- organizations. Secondary Education Act of 1965 (20 U.S.C. quire, or influence’’ and inserting ‘‘or re- ‘‘(5) Review State standards in mathe- 6311(b)), there is great variability in the quire’’; matics and science as of the date of enact- measures, standards, and benchmarks for (3) in subsection (d)(3), by striking ‘‘read- ment of the Standards to Provide Edu- academic achievement in mathematics and ing and mathematics’’ each place the term cational Achievement for Kids Act and conscience. occurs and inserting ‘‘reading, mathematics, sult and work with entities that are devel- (4) Variation in State standards and the and science’’; and oping, or have already developed, such State accompanying measures of proficiency make (4) in subsection (f)(1)(B)(v), by striking standards. it difficult for parents and teachers to mean- ‘‘and mathematical knowledge’’ and insert- ‘‘(6) Review the reports, views, and anal- ingfully gauge how well their children are ing ‘‘, mathematical knowledge, and science yses of a broad spectrum of experts, includ- learning mathematics and science in com- knowledge’’. ing classroom educators, and of the public, parison to their peers internationally or here (b) ELEMENTARY AND SECONDARY EDUCATION as such reports, views, and analyses relate to at home. ACT OF 1965.—Subpart 1 of part A of title I of mathematics and science education, includ- (5) The disparity in the rigor of standards the Elementary and Secondary Education ing reviews of blue ribbon reports, exemplary across States yield test results that tell the Act of 1965 (20 U.S.C. 6311 et seq.) is amend- practices in the field, and recent reports by public little about how schools are per- ed— government agencies and professional orga- forming and progressing, as States with low (1) in section 1111(c)(2) (20 U.S.C. nizations. standards or low proficiency scores may ap- 6311(c)(2))— ‘‘(7) Review scientifically rigorous studies pear to be doing much better than States (A) by inserting ‘‘(and, for science, begin- that examine the relationship between— with more rigorous standards or higher re- ning with the 2008–2009 school year)’’ after ‘‘(A) the sequences of secondary school- quirements for proficiency. ‘‘2002–2003’’; and level mathematics and science courses; and

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‘‘(B) student achievement. ‘‘(b) ESTABLISHMENT OF FUND.—From cation content standards in mathematics ‘‘(8) Ensure that steps are taken in the de- amounts appropriated under section 307(a)(4) and science not later than 4 years after the velopment of the voluntary American edu- for a fiscal year, the Secretary shall estab- receipt of the grant. cation content standards to recognize the lish and fund the American Standards Incen- ‘‘(D) Align the State levels of achievement needs of students who receive special edu- tive Fund to carry out the grant program in mathematics and science with the student cation and related services under the Indi- under subsection (c). achievement levels in mathematics and viduals with Disabilities Education Act (20 ‘‘(c) INCENTIVE GRANT PROGRAM AUTHOR- science developed under section 303(e) for the U.S.C. 1400 et seq.) and of students who are IZED.— national and State assessments of the Na- limited English proficient (as defined in sec- ‘‘(1) IN GENERAL.—Not later than 12 months tional Assessment of Educational Progress tion 9101 of the Elementary and Secondary after the Assessment Board adopts the vol- not later than 4 years after the receipt of the Education Act of 1965 (20 U.S.C. 7801)). untary American education content stand- grant. ‘‘(9) Solicit input from State and local rep- ards under section 304, the Secretary shall ‘‘(E) Develop dissemination, technical as- resentative organizations, mathematics and use amounts available from the American sistance, and professional development ac- science organizations (including mathe- Standards Incentive Fund to award, on a tivities for the purpose of educating local matics and science teacher organizations), competitive basis, grants to State edu- educational agencies and schools on what institutions of higher education, higher educational agencies to enable each State edu- the standards adopted by the State education organizations, business organizations, cational agency to adopt the voluntary cational agency under this section are and and other appropriate organizations. American education content standards in how the standards can be incorporated into ‘‘(10) Ensure that the voluntary American mathematics and science as the core of the classroom instruction. education content standards reflect what State’s academic content standards in math- ‘‘(2) PERMISSIVE ACTIVITIES.—A State edu- students will be required to know and be able ematics and science by carrying out the ac- cational agency receiving a grant under sub- to do after secondary school graduation to be tivities described in subsection (f). section (c) may use the grant funds to carry academically qualified to enter an institu- ‘‘(2) DURATION AND AMOUNT.—A grant under out, at the local educational agency or State tion of higher education or training for the this subsection shall be awarded— educational agency level, any of the fol- civilian or military workforce. ‘‘(A) for a period of not more than 4 years; lowing activities: ‘‘(11) Widely disseminate the voluntary and ‘‘(A) Develop curricula and instructional American education content standards for ‘‘(B) in an amount that is not more than materials in mathematics or science that are public review and comment before final $4,000,000 over the period of the grant. aligned with the voluntary American edu- adoption. ‘‘(3) SEA COLLABORATION PERMITTED.—A cation content standards in mathematics ‘‘(12) Provide for continuing review of the State educational agency receiving a grant and science. voluntary American education content under this subsection may collaborate with ‘‘(B) Conduct other activities needed for standards not less often than once every 10 another State educational agency receiving the implementation of the voluntary Amer- years, which review— a grant under this subsection in carrying out ican education content standards in mathe- ‘‘(A) shall solicit input from organizations the activities described in subsection (f). matics and science. and entities, including— ‘‘(d) CORE STANDARDS.—A State edu- ‘‘(3) PRIORITY.—In awarding grants under ‘‘(i) 1 or more professional mathematics or cational agency receiving a grant under sub- this section the Secretary shall give priority science organizations, including mathe- section (c) shall adopt and use the voluntary to a State educational agency that will use matics or science educator organizations; American education content standards in the grant funds to carry out subparagraph ‘‘(ii) the State educational agencies that mathematics and science as the core of the (A) of paragraph (2). have received American Standards Incentive State academic content standards in mathe- ‘‘(g) AWARD BASIS.—In determining the Fund grants under section 305 during the pe- matics and science. The State educational amount of a grant under subsection (c), the riod covered by the review; and agency may add additional standards to the Secretary shall take into consideration— ‘‘(iii) other organizations and entities, as voluntary American education content ‘‘(1) the extent to which a State’s academic determined appropriate by Assessment standards as part of the State academic con- content standards, State academic assess- Board; and tent standards in mathematics and science. ‘‘(B) shall address issues including— ‘‘(e) STATE APPLICATION.—A State edu- ments, levels of achievement in mathematics ‘‘(i) whether the voluntary American educational agency desiring to receive a grant and science, and teacher certification or li- cation content standards continue to reflect under subsection (c) shall submit an applica- censure, pre-service, and professional devel- international standards of excellence and the tion to the Secretary at such time, in such opment requirements, must be revised to latest developments in the fields of mathe- manner, and containing such information as align such State standards, assessments, lev- matics and science; and the Secretary may require. The application els, and teacher requirements with the vol- ‘‘(ii) whether the voluntary American edu- shall include— untary American education content stand- cation content standards continue to reflect ‘‘(1) timelines for carrying out each of the ards created or adopted under section 304 and what students are required to know and be activities described in subsection (f)(1); and the achievement levels in mathematics and able to do in science and mathematics after ‘‘(2) a description of the activities that the science developed under section 303(e); and graduation from secondary school to be aca- State educational agency will undertake to ‘‘(2) the planned activities described in the demically qualified to enter an institution of implement the voluntary American edu- application submitted under subsection (e). higher education or training for the civilian cation content standards in mathematics ‘‘(h) ANNUAL STATE EDUCATIONAL AGENCY or military workforce, as of the date of the and science adopted under section 304, and REPORTS.—A State educational agency re- review. the achievement levels in mathematics and ceiving a grant under subsection (c) shall ‘‘SEC. 305. THE AMERICAN STANDARDS INCEN- science developed under section 303(e) for the submit an annual report to the Secretary TIVE FUND. national and State assessments of the Na- demonstrating the State educational agen- ‘‘(a) DEFINITIONS.—In this section: tional Assessment of Educational Progress, cy’s progress in meeting the timelines de- ‘‘(1) IN GENERAL.—The terms ‘elementary at both the State educational agency and scribed in the application under subsection school’, ‘local educational agency’, ‘profes- local educational agency levels, including (e)(1). sional development’, ‘secondary school’, any additional activities described in sub- ‘‘(i) GRANTS FOR DOD AND BIA SCHOOLS.— ‘State’, and ‘State educational agency’ have section (f)(2). ‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.— the meanings given the terms in section 9101 ‘‘(f) USE OF FUNDS.— From amounts available from the American of the Elementary and Secondary Education ‘‘(1) MANDATORY ACTIVITIES.—A State edu- Standards Incentive Fund, the Secretary, Act of 1965 (20 U.S.C. 7801). cational agency receiving a grant under sub- upon application by the Secretary of De- ‘‘(2) ACADEMIC CONTENT STANDARDS.—The section (c) shall use grant funds to carry out fense, may award grants under subsection (c) term ‘academic content standards’ means all of the following: to the Secretary of Defense on behalf of ele- the challenging academic content standards ‘‘(A) Adopt the voluntary American edu- mentary schools and secondary schools oper- described in section 1111(b)(1) of the Elemen- cation content standards in mathematics ated by the Department of Defense to enable tary and Secondary Education Act of 1965 (20 and science as the core of the State’s aca- the Secretary of Defense to carry out activi- U.S.C. 6311(b)(1)). demic content standards in mathematics and ties similar to the activities described in ‘‘(3) LEVELS OF ACHIEVEMENT.—The term science not later than 2 years after the re- subsection (f) for the elementary schools and ‘levels of achievement’ means the State lev- ceipt of a grant under this section. secondary schools operated by the Depart- els of achievement under subclauses (II) and ‘‘(B) Align the teacher certification or li- ment of Defense. (III) of section 1111(b)(1)(D)(ii) of the Elemen- censure, pre-service, and professional devel- ‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.— tary and Secondary Education Act of 1965 (20 opment requirements of the State to the vol- From amounts available from the American U.S.C. 6311(b)(1)(D)(ii)(II), (III)). untary American education content stand- Standards Incentive Fund, the Secretary, in ‘‘(4) STATE ACADEMIC ASSESSMENTS.—The ards in mathematics and science not later consultation with the Secretary of the Inte- term ‘State academic assessments’ means than 3 years after the receipt of the grant. rior, may award grants under subsection (c) the academic assessments for a State de- ‘‘(C) Align the State academic assessments to the Bureau of Indian Affairs on behalf of scribed in section 1111(b)(3) of the Elemen- in mathematics and science (or develop new elementary schools and secondary schools tary and Secondary Education Act of 1965 (20 such State academic assessments that are operated or funded by the Department of the U.S.C. 6311(b)(3)). aligned) with the voluntary American edu- Interior to enable the Director of the Bureau

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S297 of Indian Affairs to carry out activities simi- ‘‘(l) REPORTS TO CONGRESS.—Not later than tem was no help because, by law, those lar to the activities described in subsection 2 years after the date of enactment of the benefits do not kick in until after sepa- (f) for the elementary schools and secondary Standards to Provide Educational Achieve- ration from service. schools operated or funded by the Depart- ment for Kids Act, and every 2 years there- Based on their experiences, these ment of the Interior. after, the Secretary shall report to Congress wounded warriors recommended that I ‘‘(j) STUDY.—Not later than 2 years after regarding the status of all grants awarded under this section. pursue legislation to create a new in- the completion of the first 4-year grant cycle surance benefit for those with trau- for grants under this section, the Commis- ‘‘(m) RULE OF CONSTRUCTION.—Nothing in sioner for Education Statistics shall carry this section shall be construed to establish a matic injuries such as theirs. The in- out a study comparing the gap between the preferred national curriculum or preferred surance would pay between $25,000 and reported proficiency on State academic as- teaching methodology for elementary school $100,000 as soon as possible after an in- sessments and assessments under section 303 or secondary school instruction. jury occurred, thereby bridging the gap for State educational agencies receiving ‘‘(n) TIMELINE EXTENSION.—The Secretary in assistance needed during the time of grants under subsection (c), before and after may extend the 12-year requirement under a wounded servicemember’s recovery the State adopts the voluntary American section 1111(b)(2)(F) of the Elementary and and the time of his or her separation education content standards in mathematics Secondary Education Act of 1965 (20 U.S.C. from service. They asked that I make and science as the core of the State edu- 6311(b)(2)(F)) by not less than 2 years and by not more than 4 years for a State served by the legislation prospective only, mean- cation content standards in mathematics ing that they, and hundreds of others, and science. a State educational agency that receives would go without any TSGLI payment. ‘‘(k) DATA GRANT.— grants under subsections (c) and (k).’’. I honored that request and, together ‘‘(1) PROGRAM AUTHORIZED.— SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) IN GENERAL.—From amounts appro- Section 307(a) of the National Assessment with Senator AKAKA and other Mem- priated under section 307(a)(4), the Secretary of Educational Progress Authorization Act bers of the Committee on Veterans’ Af- shall award, to each State educational agen- (as redesignated by section 5(1)) (20 U.S.C. fairs, introduced an amendment to the cy that meets the requirements of paragraph 9624(a)) is amended to read as follows: 2005 Emergency Supplemental Appro- (3), a grant to enhance statewide student ‘‘(a) IN GENERAL.—There are authorized to priations bill then pending before the level longitudinal data systems as those sys- be appropriated— Senate. tems relate to the requirements of part A of ‘‘(1) to carry out section 302, $6,000,000 for A second degree amendment was title I of the Elementary and Secondary Edu- fiscal year 2007 and such sums as may be nec- later unanimously agreed to which au- essary for each succeeding fiscal year; cation Act of 1965 (20 U.S.C. 6311 et seq.). thorized retroactive benefit payments ‘‘(B) DATA AUDIT SYSTEM.—The State, ‘‘(2) to carry out section 303, $200,000,000 for through the implementation of such en- fiscal year 2007 and such sums as may be nec- to all of those injured in the Operation hanced data system, shall— essary for each succeeding fiscal year; Iraqi Freedom and Operation Enduring ‘‘(i) ensure that the State has in place a ‘‘(3) to carry out section 304, $3,000,000 for Freedom (OEF) theaters of operation— State data audit system to assess data qual- fiscal year 2007 and such sums as may be nec- providing for TSGLI payments to hun- ity, validity, and reliability; and essary for each succeeding fiscal year; and dreds of servicemembers who had been ‘‘(ii) provide guidance, technical assist- ‘‘(4) to carry out section 305, $400,000,000 for seriously injured since the start of the ance, and professional development to local fiscal year 2007 and such sums as may be nec- wars in Afghanistan and Iraq. At the educational agencies to ensure local edu- essary for each succeeding fiscal year.’’. time, the retroactive TSGLI provision cation officials and educators have the tools, was consistent with other retroactive knowledge, and protocol necessary to use the By Mr. CRAIG (for himself and benefits approved within the Emer- enhanced data system properly, ensure the Mr. AKAKA): integrity of the data, and be able to use the S. 225. A bill to amend title 38, gency Supplemental bill, such as data to inform education policy and prac- United States Code, to expand the $238,000 in combined Servicemembers’ Group Life Insurance (SGLI) and death tice. number of individuals qualifying for ‘‘(2) AMOUNT OF GRANT.—A grant awarded gratuity benefits that were provided retroactive benefits from traumatic in- to a State educational agency under this retroactively to survivors of those jury protection coverage under subsection shall be in an amount equal to 5 killed in combat operations since the Servicemembers’ Group Life Insurance; percent of the amount allocated to the State start of the War on Terror. Needless to to the Committee on Veterans’ Affairs. under section 1122 of the Elementary and say, the TSGLI amendments were ap- Secondary Education Act of 1965 (20 U.S.C. Mr. CRAIG. Mr. President, I have proved by the Congress and enacted 6332). If the amounts available from the sought recognition to comment on leg- American Standards Incentive Fund are in- into law. islation that I introduced last Novem- Fast forward to the present. TSGLI sufficient to pay the full amounts of grants ber along with the distinguished Sen- under paragraph (1) to all State educational has been up and running since Decem- ator from Hawaii, Senator AKAKA, and agencies that receive a grant under this sub- ber 1, 2005, and provides financial as- section, then the Secretary shall ratably re- that I am again introducing today. The sistance of $25,000 to $100,000 to trau- duce the amount of all grants under this sub- bill would expand the number of eligi- matically injured servicemembers section. ble recipients of retroactive payments within, on average, 60 days of the date ‘‘(3) REQUIREMENTS.—In order to receive a under the Traumatic Injury Protection of the injury causing event. As of Janu- grant under this subsection, a State edu- under Servicemembers’ Group Life In- ary 5, 2007, almost 2,233 wounded OIF/ cational agency shall— surance, or ‘‘TSGLI’’, benefit. Most of ‘‘(A) have received a grant under sub- OEF servicemembers have benefited my colleagues have perhaps heard the under the retroactive portion of the section (c); and story of how this important benefit be- ‘‘(B) successfully demonstrate to the Sec- program. For those with injuries post retary that the State has aligned— came law and what its intended pur- December 1, 2005, it does not matter if ‘‘(i) the State’s academic content stand- pose is, but I believe it is worth repeat- an injury occurs as a result of combat ards and State academic assessments in ing. operations or training exercises—pay- mathematics and science, and the State’s In April of 2005 I was visited by three ment under TSGLI is available in ei- teacher certification or licensure, pre-serv- servicemembers who were seriously in- ther situation; 626 wounded ice, and professional development require- jured during Operation Iraqi Freedom servicemembers have benefited under ments, with the voluntary American edu- (OIF). They were members of an orga- this aspect of the program. cation content standards in mathematics nization called the Wounded Warrior and science; and The Senate Committee on Veterans’ ‘‘(ii) the State levels of achievement in Project, and they told me of their Affairs held a hearing on the TSGLI mathematics and science for grades 4, 8, and lengthy recovery times at Walter Reed benefit in September 2006. The Com- 12, with the achievement levels in mathe- Army Medical Center and the financial mittee received testimony from the matics and science developed under section toll that that period of convalescence Wounded Warrior Project, the organi- 303(e) for such grades. had on them and their families. They zation largely responsible for TSGLI’s ‘‘(4) NATURE OF GRANT.—A grant under this talked about wives, parents, and other conception. While very pleased with subsection to a State educational agency relatives who had taken long absences the program overall, a serious concern shall be in addition to any grant awarded to from work, and some who had even the State educational agency under sub- was raised regarding the equity of only section (c). quit their work, in order to spend time extending retroactive TSGLI payments ‘‘(5) LIMIT ON NUMBER OF GRANTS.—In no with those recovering at Walter Reed. to those injured during Operations case shall a State educational agency receive And they told me that the Department Iraqi and Enduring Freedom. Mr. Jer- more than 1 grant under this subsection. of Veterans Affairs compensation sys- emy Chwat, testifying for the Wounded

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S298 CONGRESSIONAL RECORD — SENATE January 9, 2007 Warrior Project that day, used the ex- OPERATION ENDURING FREEDOM AND OPER- ‘‘(I) whether the defendant or any of its di- ample of one servicemember as rep- ATION IRAQI FREEDOM’’. visions, subsidiaries, affiliates, or related en- resentative of others who are not now tities— By Mr. GRASSLEY: eligible for benefits: ‘‘(i) entered into a corporate integrity S. 226. A bill to direct the Inspector agreement related to the settlement or com- Brave men and women like Seaman Robert General of the Department of Justice promise; and Roeder who was injured on January 29, 2005 ‘‘(ii) had previously entered into 1 or more when an arresting wire on the aircraft car- to submit semi-annual reports regarding settlements relating to false claims corporate integrity agreements related to rier, the USS Kitty Hawk, severed his left section 3730(b) of title 31, United States leg below the knee . . . Although the ship and fraud against the Federal Govern- Code, and if so, whether the previous cor- was on its way to the Gulf and the training ment; to the Committee on Homeland porate integrity agreements covered the con- exercises being conducted were in prepara- Security and Governmental Affairs. duct that is the subject of the settlement or tion for action in either Operation Enduring Mr. GRASSLEY. Mr. President, I ask compromise being reported on or similar or Iraqi Freedom, Robert’s injury does not unanimous consent that the text of conduct; qualify for payment. this bill be printed in the RECORD. ‘‘(J) in the case of settlements involving Furthermore, since enactment of the There being no objection, the text of medicaid, the amounts paid to the Federal 2005 Emergency Supplemental, retro- the bill was ordered to be printed in Government and to each of the States par- active SGLI and death gratuity bene- the RECORD, as follows: ticipating in the settlement or compromise; fits combining $238,000 have been ex- S. 226 ‘‘(K) whether civil investigative demands panded to provide payments to sur- Be it enacted by the Senate and House of Rep- were issued in process of investigating the vivors of all servicemembers who died resentatives of the United States of America in case; on active duty, whether in combat or Congress assembled, ‘‘(L) in qui tam actions, the percentage of the settlement amount awarded to the rela- SECTION 1. FALSE CLAIMS SETTLEMENTS. not. The reason behind the expansion tor, and whether or not the relator requested Section 8E of the Inspector General Act (5 of retroactive benefits was a recogni- a fairness hearing pertaining to the percent- U.S.C. App.) is amended by adding at the end tion that military service is universal age received by the relator or the overall the following: in character; that each military man ‘‘(e)(1) In preparing the semi-annual report amount of the settlement; or woman, no matter where they are under section 5, the Inspector General of the ‘‘(M) the extent to which officers of the deserving, contributes in a unique way to Department of Justice shall describe each partment or agency that was the victim of make the United States Armed Forces settlement or compromise of any claim, suit, the loss resolved by the settlement or com- second to none. or other action entered into with the Depart- promise participated in the settlement nego- The legislation I am again intro- ment of Justice that— tiations; and ducing today, along with Senator ‘‘(A) relates to an alleged violation of sec- ‘‘(N) the extent to which relators and their tion 1031 of title 18, United States Code, or counsel participated in the settlement nego- AKAKA, will make the TSGLI retro- tiations.’’. active payment eligibility criteria con- section 3729 of title 31, United States Code sistent with the other benefit program (including all settlements of alternative remedies); and By Mr. DOMENICI (for himself retroactive payment criteria I just ‘‘(B) results from a claim of damages in ex- and Mr. BINGAMAN): mentioned. Thus, if this legislation is cess of $100,000. S. 229. A bill to redesignate a Federal enacted, all traumatically injured ‘‘(2) The descriptions of each settlement or building in Albuquerque, New Mexico, servicemembers who served between compromise required to be included in the as the ‘‘Raymond G. Murphy Depart- October 7, 2001, and December 1, 2005, semi-annual report under paragraph (1) shall ment of Veterans Affairs Medical Cen- will be eligible for TSGLI payments, ir- include— ter’’; to the Committee on Veterans’ respective of where their injuries oc- ‘‘(A) the overall amount of the settlement Affairs. curred. Unofficial estimates from VA or compromise and the portions of the settle- Mr. DOMENICI. Mr. President, I rise ment attributed to various statutory au- suggest that there may be over 215 ac- thorities; today with my colleague, Senator tive duty personnel who, like Seaman ‘‘(B) the amount of actual damages esti- BINGAMAN, to introduce legislation Roeder, sustained traumatic injuries mated to have been sustained and the min- that will designate the Veterans Ad- during this time period while per- imum and maximum potential civil penalties ministration Medical Center in Albu- forming their military duties. incurred as a consequence of the defendants querque, NM, the ‘‘Raymond G. Mur- Both the Wounded Warrior Project that is the subject of the settlement or com- phy Department of Veterans Affairs and the National Military Families As- promise; Medical Center.’’ sociation have expressed their support ‘‘(C) the basis for the estimate of damages Jerry Murphy is an extraordinary for this bill. And I now ask my col- sustained and the potential civil penalties incurred; New Mexican who was awarded the leagues for their support. This is the ‘‘(D) the amount of the settlement that Congressional Medal of Honor for his right thing to do for our military men represents damages and the multiplier or heroic actions on February 3, 1953, and women. percentage of the actual damages applied in while serving in the Korean war. On I ask unanimous consent that the the actual settlement or compromise; that day in February 1953, Marine 2nd text of the bill text be printed in the ‘‘(E) the amount of the settlement that Lieutenant Murphy participated in a RECORD. represents civil penalties and the percentage raid on Ungok Hill. In the course of the There being no objection, the text of of the potential penalty liability captured by operation, most of the senior officers in the settlement or compromise; the bill was ordered to be printed in Lieutenant Murphy’s unit were killed the RECORD, as follows: ‘‘(F) the amount of the settlement that represents criminal fines and a statement of or wounded and the assault on the hill S. 225 the basis for such fines; became stalled with many members of Be it enacted by the Senate and House of Rep- ‘‘(G) the length of time involved from the the Marine assault force pinned down resentatives of the United States of America in filing of the complaint until the finalization and trapped on the hill by enemy fire. Congress assembled, of the settlement or compromise, including— Seeing his fellow marines in trouble SECTION 1. EXPANSION OF INDIVIDUALS QUALI- ‘‘(i) the date of the original filing of the and against orders Lieutenant Murphy FYING FOR RETROACTIVE BENEFITS complaint; FROM TRAUMATIC INJURY PROTEC- organized and led a daring rescue ef- TION COVERAGE UNDER ‘‘(ii) the time the case remained under seal; fort. Under intense enemy fire, Murphy SERVICEMEMBERS’ GROUP LIFE IN- personally made countless trips up the SURANCE. ‘‘(iii) the date upon which the Department (a) IN GENERAL.—Paragraph (1) of section of Justice determined whether or not to in- hill to evacuate and provide cover for 501(b) of the Veterans’ Housing Opportunity tervene in the case; and the stranded marines. Though he was and Benefits Improvement Act of 2006 (Pub- ‘‘(iv) the date of settlement or com- wounded numerous times, Lieutenant lic Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A promise; Murphy refused treatment for his note) is amended by striking ‘‘, if, as deter- ‘‘(H) whether any of the defendants, or any wounds until all marines were ac- mined by the Secretary concerned, that loss divisions, subsidiaries, affiliates, or related counted for and everyone else had been entities, had previously entered into 1 or was a direct result of a traumatic injury in- treated. Lieutenant Murphy was also curred in the theater of operations for Oper- more settlements or compromises related to ation Enduring Freedom or Operation Iraqi section 1031 of title 18, United States Code, awarded a Silver Star for bravery in a Freedom’’. or section 3730(b) of title 31, United States previous action in 1952. (b) CONFORMING AMENDMENT.—The heading Code, and if so, the dates and monetary size Jerry’s personal mission to protect of such section is amended by striking ‘‘IN of such settlements or compromises; and aid his fellow servicemen and

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S299 women did not end on that hill in The ‘‘Byrne/JAG’’ program resulted When Byrne/JAG and the Community Korea, for 25 years he worked in the from the 2005 consolidation of the Ed- Oriented Policing Services (COPS) pro- Veteran’s Administration, VA regional ward Byrne Memorial State and Local gram were well funded, state and local office in Albuquerque, New Mexico. Law Enforcement Assistance Program, law enforcement officers produced real While there Jerry worked tirelessly as and the Local Government Law En- results. It is no coincidence that, dur- a counselor in the Division of Voca- forcement Block Grants. ing this period, we saw more than a tional Counseling to insure the men Named after New York Police Officer decade of steady reductions in violent and women who served and defended Edward Byrne, who was killed in the crime. our Nation were able to make the tran- line of duty in 1988, it provides critical Unfortunately, Federal funding for sition to life in peacetime. support to State and local law enforce- these justice assistance programs has Unlike many of us who look to re- ment officials. been dramatically slashed in recent tirement as a time for personal pur- Byrne/JAG is a law enforcement years. As late as Fiscal Year 2003, the suits and relaxation, Jerry chose to funding program run by the Depart- Byrne grant programs had been funded carry on his work on behalf of veterans ment of Justice. For more than 20 at a level of $900 million. In Fiscal Year and until 2000 volunteered at the VA years, grants from Byrne/JAG and its 2004, however, it was reduced to $725 hospital in Albuquerque, NM. predecessor programs have funded million. And in FY2005, Byrne/JAG was For these reasons I am introducing state and local drug task forces, com- cut to $634 million. this legislation today. Jerry Murphy is munity crime prevention programs, That year in California, the Governor a true American hero who in war and substance abuse treatment programs, issued a notice to the law enforcement peace dedicated himself to others. I prosecution initiatives, and many community, advising that this change think it only right that the medical other local crime control programs. would ‘‘significantly reduce the center in Albuquerque bear his name in One of the most popular uses of amount of drug control and criminal recognition of his great service to this Byrne/JAG funds is to support multi- justice funding in California’’—by a country and its men and women in uni- jurisdictional task forces, which help whopping $14 million in one year, just fight drug and firearm traffickers, form. for my State. I ask unanimous consent that the gangs, pharmaceutical diversion, and In Fiscal Year 2006, the program was text of the bill be printed in the organized crime in America’s commu- cut even further, to only $416.5 mil- nities. RECORD. lion—amounting to a 54 percent cut Results from Byrne/JAG are real. Ac- There being no objection, the text of from Fiscal Year 2003. In Fiscal Year cording to data compiled by the Na- the bill was ordered to be printed in 2006, and then again in Fiscal Year 2007, the RECORD, as follows: tional Criminal Justice Association from self-reported metrics submitted the President’s budget proposed elimi- S. 229 by State Administering Agencies for nating the Byrne program entirely. Be it enacted by the Senate and House of Rep- In response, the Senate voted to re- the 2004 grant year, task forces funded resentatives of the United States of America in store Byrne funding in Fiscal Year 2006 in part by Byrne/JAG grants were re- Congress assembled, to its Fiscal Year 2003 level of $900 mil- SECTION 1. REDESIGNATION. sponsible for: 54,050 weapons seized; 5,646 methamphetamine labs seized; lion, but that increase was taken out of The Federal building known and des- the final conference report. ignated as the ‘‘Department of Veterans Af- and $250,000,000 in cash and personal For Fiscal Year 2007, the Senate fairs Medical Center’’ located at 1501 San property seized, not including the Pedro Drive, SE, in Albuquerque, New Mex- value of narcotics seized. They were again restored $900 million in a budget ico, shall be known and redesignated as the also responsible for removing massive amendment, but no appropriations bill ‘‘Raymond G. Murphy Department of Vet- quantities of controlled substances was passed. erans Affairs Medical Center’’. What have we seen in the wake of from America’s streets, including: 2.7 SEC. 2. REFERENCES. million grams of amphetamine and these cuts to State and local law en- Any reference in a law, map, regulation, forcement and the Byrne/JAG pro- document, paper, or other record of the methamphetamine; 1.8 million grams of powder cocaine; 278,200 grams of gram? United States to the Federal building re- After a decade of declines, FBI re- ‘‘crack’’ cocaine; 73,300 grams of her- ferred to in section 1 shall be deemed to be ports for 2005 showed a rise in violent a reference to the ‘‘Raymond G. Murphy De- oin; 75 million cultivated and noncul- partment of Veterans Affairs Medical Cen- tivated marijuana plants, and 27 mil- crime in every region of our country— ter’’. lion kilograms of marijuana. an overall increase of 2.5 percent, the As Ron Brooks, President of the Na- largest reported increase in violent By Mrs. FEINSTEIN (for herself, tional Narcotics Officers’ Associations’ crime in the U.S. in 15 years. Mr. CHAMBLISS, Ms. MIKULSKI, Coalition (NNOAC) testified last June, For the first six months of 2006, the Mr. CORNYN, Mr. OBAMA, Ms. ‘‘more than one-third of all meth lab numbers for violent crime were even SNOWE, Ms. STABENOW, Ms. COL- seizures were conducted by Byrne-fund- worse—up again in every region, and LINS, Mr. KOHL, Mr. LEVIN, Mr. ed task forces.’’ with a surge of nearly 3.7 percent. And DURBIN, Mr. BAUCUS, Mr. BINGA- We get good returns on this invest- the number of robberies—which many MAN, Mr. KERRY, Mr. BIDEN, Mr. ment. The National Sheriff’s Associa- criminologists see as a leading indi- ROCKEFELLER, and Mr. SALA- tion estimates that, with 2,794 per- cator of future activity—was up by al- ZAR): sonnel in multi-jurisdictional drug most 10 percent. The reduction in S. 231. A bill to authorize the Edward tasks forces, this equates to: 79 drug Byrne/JAG and other similar funding is Byrne Memorial Justice Assistance arrests per full-time employee (221,475 not the only reason for this increase. Grant Program at fiscal year 2006 lev- total); 6 kilograms of cocaine seized Experts also cite the spread of criminal els through 2012; to the Committee on per FTE. (17,991 total); 2 kilograms of street gangs like MS–13, for example, the Judiciary. meth seized per FTE, 5,452 kilos total’’; as a major factor in the jump in violent Mrs. FEINSTEIN. Mr. President, I 400 grams of heroine seized per FTE, crime. am pleased to join Senator CHAMBLISS 1,177 kilos total, 306 lbs. of processed When we are faced with such chal- and a number of other co-sponsors in marijuana per FTE, 855,309 total; and 3 lenges, however, the Byrne/JAG pro- introducing the Edward Byrne Memo- meth lab responses per FTE, 8,983 gram has a clear role to play in ad- rial Justice Assistance Grant Reau- total. dressing America’s growing violent thorization Act. This bill would take And our rural communities are espe- crime problem. the $1,095,000,000 amount which Con- cially dependent on Byrne/JAG grants. A national integrated threat de- gress authorized for the Byrne/JAG Byrne/JAG grants to the States are al- mands a national integrated response, grant program in fiscal year 2006 in the located 60/40, so that 40 percent of the with State and local law enforcement Violence Against Women and DOJ Re- funds must be set aside for distribution leading the way, but with the Federal authorization Act of 2005 (Pub. L. 109– to local governments. In short, this is Government providing meaningful sup- 162), and reauthorize that same amount one of the only sources of federal funds port. Byrne/JAG facilitates. that de- for the program in each year through for sheriffs and police chiefs in many of sign, by allowing State and local lead- fiscal year 2012. our smaller towns and counties. ers to leverage resources in key areas,

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S300 CONGRESSIONAL RECORD — SENATE January 9, 2007 and facilitating collaboration among Passage of this bill will respond to There being no objection, the text of those in law enforcement, corrections, such requests from law enforcement, the bill was ordered to be printed in treatment, and prevention. and also send a clear message that any the RECORD, as follows: A review of programs around the further efforts by this Administration S. 232 country reveals that some Byrne/JAG- to reduce or eliminate the Byrne/JAG funded task forces receive between $30 Be it enacted by the Senate and House of Rep- program in the Fiscal Year 208 budget resentatives of the United States of America in and $40 from State or local sources for will be strongly resisted by this Con- Congress assembled, every Federal dollar they receive. gress. Rather than supplanting other sources, I urge my colleagues to support this SECTION 1. SHORT TITLE. Byrne/JAG often leverages Federal dol- legislation. This Act may be cited as the ‘‘Watershed Restoration and Enhancement Agreements lars, by providing the incentive needed Act of 2007’’. for local agencies to cooperate, com- By Mr. WYDEN: municate, share information and build S. 232. A bill to make permanent the SEC. 2. WATERSHED RESTORATION AND EN- authorization for watershed restora- HANCEMENT AGREEMENTS. good cases. Section 323 of the Department of the Inte- Because State and local cops account tion and enhancement agreements; to the Committee on Energy and Natural rior and Related Agencies Appropriations for 97 percent of all drug arrests in Act, 1999 (16 U.S.C. 1011 note; Public Law 105– America, further Byrne/JAG cuts will Resources. 277), is amended— have a clear effect, as NNOAC Presi- Mr. WYDEN. Mr. President, the legis- (1) in subsection (a), by striking ‘‘each of dent Ron Brooks testified: [T]ake away lation I introduce today reauthorizes a fiscal years 2006 through 2011’’ and inserting the Byrne-JAG drug task forces and I very successful cooperative watershed ‘‘fiscal year 2006 and each fiscal year there- guarantee you will have fewer lab sei- restoration program that I originally after’’; zures . . . The meth supply will con- sponsored, and that was originally en- (2) by redesignating subsection (d) as sub- tinue to grow, as will the toxic meth acted for the Forest Service, in the Fis- section (e); and (3) by inserting after subsection (c) the fol- waste that is being dumped in many cal Year 1999 Interior Appropriations bill. The original legislation lasted lowing: neighborhoods. ‘‘(d) APPLICABLE LAW.—Chapter 63 of title Unfortunately, some of this is al- through Fiscal Year 2001 after which it was reauthorized by the Appropriations 31, United States Code, shall not apply to— ready happening. After the recent cuts ‘‘(1) a watershed restoration and enhance- to Byrne/JAG, the governor of Texas Committees, at my request, through ment agreement entered into under this sec- eliminated funding for most drug task Fiscal Year 2005 and then again tion; or forces in his State, because he decided through Fiscal Year 2011. My bill ‘‘(2) an agreement entered into under the the limited funding available was need- passed the Senate in the 109th Con- first section of Public Law 94–148 (16 U.S.C. ed instead for border enforcement. Nar- gress, but unfortunately did not pass in 565a–1).’’. cotics officers throughout the United the House before the end of the Con- States also report a similar trend of gress. Today, I reintroduce the bill f eliminations and decreases of task hoping that it can speedily pass both forces. chambers. AMENDMENTS SUBMITTED AND Without multi-jurisdictional task The bill making what is commonly PROPOSED forces, officers will revert to working referred to as the Wyden amendment within their own stovepipes, arresting permanent authorizes the Secretary of SA 1. Mr. KERRY (for himself and Mr. SALAZAR) submitted an amendment intended mere targets of opportunity instead of Agriculture to use appropriated Forest Service funds for watershed restoration to be proposed by him to the bill S. 1, to pro- focusing on organizational targets that vide greater transparency in the legislative have a disproportionate impact on the and enhancement agreements that ben- process; which was ordered to lie on the problem. Police officers will return to efit the ecological health of National table. working within their own teams rather Forest System lands and watersheds. SA 2. Mr. LEAHY (for himself and Mr. than cooperating and using shared in- The Wyden amendment does not re- PRYOR) submitted an amendment intended to telligence to identify wider drug traf- quire additional funding, but allows be proposed by him to the bill S. 1, supra; ficking investigations. the Forest Service to leverage scarce which was ordered to lie on the table. Since 9/11, we have understandably restoration dollars thereby allowing SA 3. Mr. REID (for himself, Mr. MCCON- placed greater emphasis on the ter- the federal dollars to stretch farther. NELL, Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIE- rorist threat from abroad, and pro- During the eight years the program has BERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALA- tecting our borders. But to save the pe- existed, the Forest Service has lever- ZAR, and Mr. DURBIN) proposed an amendment to the bill S. 1, supra. rimeter and lose the heartland to inter- aged three dollars for every Forest Service dollar spent on these agree- SA 4. Mr. REID (for himself, Mr. DURBIN, national drug cartels, American street Mr. SALAZAR , and Mr. OBAMA) proposed an gangs, local meth cookers and neigh- ments. amendment to amendment SA 3 proposed by borhood drug traffickers would be a The Wyden amendment has resulted Mr. REID (for himself, Mr. MCCONNELL, Mrs. hollow victory indeed. in countless Forest Service cooperative FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. Last year, a group of 15 organiza- agreements with neighboring state and COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. tions—including NNOAC, the National local land owners to accomplish high DURBIN) to the bill S. 1, supra. Troopers Coalition, the International priority restoration, protection and en- SA 5. Mr. VITTER (for himself and Mr. Association of Chiefs of Police, the hancement work on public and private GRASSLEY) proposed an amendment to Major City Chiefs’ Association, the Na- watersheds. The projects authorized by amendment SA 3 proposed by Mr. REID (for tional Sheriffs Association, the Na- these agreements have improved water- himself, Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, tional District Attorneys’ Association, shed health and fish habitat through Mr. OBAMA, Mr. SALAZAR, and Mr. DURBIN) to the National Alliance of Drug Enforce- the control of invasive species, culvert the bill S. 1, supra. ment Agencies, the National Associa- replacement, and other riparian zone SA 6. Mr. VITTER proposed an amendment tion of Counties, the National Associa- improvement projects. In addition to to amendment SA 3 proposed by Mr. REID tion of Drug Court Professionals—all ecological restoration, use of the (for himself, Mr. MCCONNELL, Mrs. FEIN- came together to call for the Byrne/ Wyden amendment has improved coop- STEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. JAG program to be funded at the $1.1 erative relationships between the For- COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. billion level. est Service, private land owners, state DURBIN) to the bill S. 1, supra. The 15 groups represented more than agencies and other federal agencies. SA 7. Mr. VITTER proposed an amendment 456,000 law enforcement officers, drug I am hopeful that my colleagues on to amendment SA 3 proposed by Mr. REID court judges, treatment practitioners, the Energy and Natural Resources (for himself, Mr. MCCONNELL, Mrs. FEIN- and prosecutors from over 2,000 coun- Committee will again pass this bill out STEIN, Mr. BENNETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. OBAMA, Mr. SALAZAR, and Mr. of the Committee and that thereafter ties and more than 5,000 community DURBIN) to the bill S. 1, supra. prevention coalitions. And for the 110th this legislation can again pass the Sen- SA 8. Mr. BAUCUS submitted an amend- Congress, funding Byrne/JAG at the ate expeditiously. I ask unanimous ment intended to be proposed by him to the $1.1 billion level remains a top law en- consent that the text of the bill be bill S. 1, supra; which was ordered to lie on forcement priority. printed in the RECORD. the table.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S301 TEXT OF AMENDMENTS tain compensation for Congressional service Sec. 215. Disclosure by registered lobbyists under Article I, Section 6 of the United of all past executive and Con- SA 1. Mr. KERRY (for himself, Mr. States Constitution. gressional employment. SALAZAR): submitted an amendment in- SEC. ll4. EFFECTIVE DATE. Sec. 216. Increased penalty for failure to tended to be proposed by him to the This Act, including the amendments made comply with lobbying disclo- bill S. 1, to provide greater trans- by this Act, shall take effect on January 1, sure requirements. parency in the legislative process; 2009. Sec. 217. Disclosure of lobbying activities by certain coalitions and associa- which was ordered to lie on the table; SA 2. Mr. LEAHY (for himself and as follows: tions. Mr. PRYOR): submitted an amendment Sec. 218. Disclosure of enforcement for non- At the end, add the following: intended to be proposed by him to the compliance. TITLE lll—CONGRESSIONAL PENSION bill S. 1, to provide greater trans- Sec. 219. Electronic filing of lobbying disclo- ACCOUNTABILITY parency in the legislative process; sure reports. SEC. ll1. SHORT TITLE. which was ordered to lie on the table; Sec. 220. Disclosure of paid efforts to stimu- This title may be cited as the ‘‘Congres- as follows: late grassroots Lobbying. sional Pension Accountability Act’’. Sec. 221. Electronic filing and public database for lobbyists for foreign SEC. ll2. DENIAL OF RETIREMENT BENEFITS. SA 3. Mr. REID (for himself, Mr. (a) IN GENERAL.—Section 8312(a) of title 5, governments. MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- United States Code, is amended— Sec. 222. Additional lobbying disclosure re- (1) by striking ‘‘or’’ at the end of paragraph NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. quirements. (1), by striking the period at the end of para- OBAMA, Mr. SALAZAR, and Mr. DURBIN) Sec. 223. Increased criminal penalties for graph (2) and inserting ‘‘; or’’, and by insert- proposed an amendment to the bill S. 1, failure to comply with lobbying ing after paragraph (2) the following: to provide greater transparency in the disclosure requirements. ‘‘(3) was convicted of an offense described legislative process; as follows: Sec. 224. Effective date. in subsection (d), to the extent provided by Strike all after the enacting clause and in- Subtitle B—Oversight of Ethics and that subsection.’’; and sert the following: Lobbying (2) by striking ‘‘and’’ at the end of subpara- SECTION 1. TABLE OF CONTENTS. Sec. 231. Comptroller General audit and an- graph (A), by striking the period at the end The table of contents for this Act is as fol- nual report. of subparagraph (B) and inserting ‘‘; and’’, lows: Sec. 232. Mandatory Senate ethics training and by inserting after subparagraph (B) the for Members and staff. Sec. 1. Table of contents. following: Sec. 233. Sense of the Senate regarding self- ‘‘(C) with respect to the offenses described TITLE I—LEGISLATIVE TRANSPARENCY regulation within the Lobbying in subsection (d), to the period after the date AND ACCOUNTABILITY ACT OF 2007 community. of conviction.’’. Sec. 101. Short title. Sec. 234. Annual ethics committees reports. (b) OFFENSES DESCRIBED.—Section 8312 of Sec. 102. Out of scope matters in conference Subtitle C—Slowing the Revolving Door such title 5 is amended by redesignating sub- reports. section (d) as subsection (e), and by inserting Sec. 103. Earmarks. Sec. 241. Amendments to restrictions on after subsection (c) the following: Sec. 104. Availability of conference reports former officers, employees, and ‘‘(d) The offenses to which subsection (a)(3) on the Internet. elected officials of the execu- applies are the following: Sec. 105. Sense of the Senate on conference tive and legislative branches. ‘‘(1) An offense within the purview of— committee protocols. Subtitle D—Ban on Provision of Gifts or ‘‘(A) section 201 of title 18 (bribery of pub- Sec. 106. Elimination of floor privileges for Travel by Lobbyists in Violation of the lic officials and witnesses); or former Members, Senate offi- Rules of Congress ‘‘(B) section 371 of title 18 (conspiracy to cers, and Speakers of the House Sec. 251. Prohibition on provision of gifts or commit offense or to defraud United States), who are lobbyists or seek finan- travel by registered lobbyists to the extent of any conspiracy to commit cial gain. to Members of Congress and to an act which constitutes an offense within Sec. 107. Proper Valuation of Tickets to En- Congressional employees. the purview of such section 201. tertainment and Sporting Subtitle E—Commission to Strengthen ‘‘(2) Perjury committed under the statutes Events. Confidence in Congress Act of 2007 of the United States or the District of Co- Sec. 108. Ban on gifts from lobbyists. lumbia in falsely denying the commission of Sec. 109. Travel restrictions and disclosure. Sec. 261. Short title. any act which constitutes an offense within Sec. 110. Restrictions on former officers, em- Sec. 262. Establishment of commission. the purview of a statute named by paragraph ployees, and elected officials of Sec. 263. Purposes. (1), but only in the case of the statute named the executive and legislative Sec. 264. Composition of commission. by subparagraph (B) of paragraph (1). branch. Sec. 265. Functions of Commission. ‘‘(3) Subornation of perjury committed in Sec. 111. Post employment restrictions. Sec. 266. Powers of Commission. connection with the false denial or false tes- Sec. 112. Disclosure by Members of Congress Sec. 267. Administration. timony of another individual as specified by and staff of employment nego- Sec. 268. Security clearances for Commis- paragraph (2). tiations. sion Members and staff. Sec. 113. Prohibit official contact with Sec. 269. Commission reports; termination. An offense shall not be considered to be an spouse or immediate family Sec. 270. Funding. offense described in this subsection except if member of Member who is a or to the extent that it is committed by a TITLE I—LEGISLATIVE TRANSPARENCY registered lobbyist. Member of Congress (as defined by section AND ACCOUNTABILITY ACT OF 2007 Sec. 114. Influencing hiring decisions. 2106, including a Delegate to Congress).’’. SEC. 101. SHORT TITLE. Sec. 115. Sense of the Senate that any appli- (c) ABSENCE FROM UNITED STATES TO AVOID This title may be cited as the ‘‘Legislative cable restrictions on Congres- PROSECUTION.—Section 8313(a)(1) of such title Transparency and Accountability Act of sional branch employees should 5 is amended by striking ‘‘or’’ at the end of 2007’’. apply to the Executive and Ju- subparagraph (A), by striking ‘‘and’’ at the dicial branches. SEC. 102. OUT OF SCOPE MATTERS IN CON- end of subparagraph (B) and inserting ‘‘or’’, Sec. 116. Amounts of COLA adjustments not FERENCE REPORTS. and by adding at the end the following: paid to certain Members of Con- (a) IN GENERAL.—A point of order may be ‘‘(C) for an offense described under sub- gress. made by any Senator against a conference section (d) of section 8312; and’’. Sec. 117. Requirement of notice of intent to report that includes any matter not com- (d) NONACCRUAL OF INTEREST ON RE- proceed. mitted to the conferees by either House. The FUNDS.—Section 8316(b) of such title 5 is Sec. 118. CBO scoring requirement. point of order may be made and disposed of amended by striking ‘‘or’’ at the end of para- Sec. 119. Effective date. separately for each item in violation of this graph (1), by striking the period at the end of section. TITLE II—LOBBYING TRANSPARENCY paragraph (2) and inserting ‘‘; or’’, and by (b) DISPOSITION.—If the point of order AND ACCOUNTABILITY ACT OF 2007 adding at the end the following: against a conference report under subsection ‘‘(3) if the individual was convicted of an Sec. 201. Short title. (a) is sustained, then— offense described in section 8312(d), for the Subtitle A—Enhancing Lobbying Disclosure (1) the matter in such conference report period after the conviction.’’. Sec. 211. Quarterly filing of lobbying disclo- shall be stricken; SEC. ll3. CONSTITUTIONAL AUTHORITY. sure reports. (2) when all other points of order under The Constitutional authority for this title Sec. 212. Quarterly reports on other con- this section have been disposed of— is the power of Congress to make all laws tributions. (A) the Senate shall proceed to consider which shall be necessary and proper as enu- Sec. 213. Additional disclosure. the question of whether the Senate should merated in Article I, Section 8 of the United Sec. 214. Public database of lobbying disclo- recede from its amendment to the House bill, States Constitution, and the power to ascer- sure information. or its disagreement to the amendment of the

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S302 CONGRESSIONAL RECORD — SENATE January 9, 2007 House, and concur with a further amend- ‘‘7. (a) It shall not be in order to consider ket value of a ticket to an entertainment or ment, which further amendment shall con- a conference report unless such report is sporting event shall be the face value of the sist of only that portion of the conference re- available to all Members and made available ticket or, in the case of a ticket without a port that has not been stricken; to the general public by means of the Inter- face value, the value of the most similar (B) the question shall be debatable; and net for at least 48 hours before its consider- ticket sold by the issuer to the public. A de- (C) no further amendment shall be in ation. termination of similarity shall consider all order; and ‘‘(b) This paragraph may be waived or sus- features of the ticket, including access to (3) if the Senate agrees to the amendment, pended in the Senate only by an affirmative parking, availability of food and refresh- then the bill and the Senate amendment vote of 3⁄5 of the Members, duly chosen and ments, and access to venue areas not open to thereto shall be returned to the House for its sworn. An affirmative vote of 3⁄5 of the Mem- the public. A ticket with no face value and concurrence in the amendment of the Sen- bers of the Senate, duly chosen and sworn, for which no similar ticket is sold by the ate. shall be required in the Senate to sustain an issuer to the public, shall be valued at the (c) SUPERMAJORITY WAIVER AND APPEAL.— appeal of the ruling of the Chair on a point cost of a ticket with the highest face value This section may be waived or suspended in of order raised under this paragraph. for the event.’’. 3 the Senate only by an affirmative vote of ⁄5 ‘‘8. It shall not be in order to consider a SEC. 108. BAN ON GIFTS FROM LOBBYISTS. of the Members, duly chosen and sworn. An conference report unless the text of such re- Paragraph 1(a)(2) of rule XXXV of the affirmative vote of 3⁄5 of the Members of the port has not been changed after the Senate Standing Rules of the Senate is amended Senate, duly chosen and sworn, shall be re- signatures sheets have been signed by a ma- by— quired in the Senate to sustain an appeal of jority of the Senate conferees.’’. (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and the ruling of the Chair on a point of order (2) EFFECTIVE DATE.—This subsection shall (2) adding at the end the following: raised under this section. take effect 60 days after the date of enact- ‘‘(B) This clause shall not apply to a gift SEC. 103. EARMARKS. ment of this title. from a registered lobbyist or an agent of a The Standing Rules of the Senate are (b) IMPLEMENTATION.—Not later than 60 foreign principal.’’. amended by adding at the end the following: days after the date of enactment of this title, the Secretary of the Senate, in con- SEC. 109. TRAVEL RESTRICTIONS AND DISCLO- ‘‘RULE XLIV SURE. sultation with the Clerk of the House of Rep- ‘‘EARMARKS (a) IN GENERAL.—Paragraph 2 of rule resentatives, the Government Printing Of- XXXV of the Standing Rules of the Senate is ‘‘1. In this rule— fice, and the Committee on Rules and Ad- amended by adding at the end the following: ‘‘(1) the term ‘earmark’ means a provision ministration, shall develop a website capable ‘‘(f)(1) Before a Member, officer, or em- that specifies the identity of a non-Federal of complying with the requirements of para- ployee may accept transportation or lodging entity (by naming the entity or by describ- graph 7 of rule XXVIII of the Standing Rules otherwise permissible under this paragraph ing the entity in such a manner that only of the Senate, as added by subsection (a). one entity matches the description) to re- from any person, other than a governmental SEC. 105. SENSE OF THE SENATE ON CON- ceive assistance and the amount of the as- entity, such Member, officer, or employee FERENCE COMMITTEE PROTOCOLS. shall— sistance; It is the sense of Senate that— ‘‘(A) obtain a written certification from ‘‘(2) the term ‘assistance’ means budget au- (1) conference committees should hold reg- such person (and provide a copy of such cer- thority, contract authority, loan authority, ular, formal meetings of all conferees that tification to the Select Committee on Eth- and other expenditures; are open to the public; ics) that— ‘‘(3) the term ‘targeted tax benefit’ (2) all conferees should be given adequate ‘‘(i) the trip was not financed in whole, or means— notice of the time and place of all such meet- in part, by a registered lobbyist or foreign ‘‘(A) any revenue provision that has the ings; and agent; practical effect of providing more favorable (3) all conferees should be afforded an op- ‘‘(ii) the person did not accept, directly or tax treatment to a particular taxpayer or portunity to participate in full and complete indirectly, funds from a registered lobbyist limited group of taxpayers when compared debates of the matters that such conference or foreign agent specifically earmarked for with other similarly situated taxpayers; or committees may recommend to their respec- the purpose of financing the travel expenses; ‘‘(B) any Federal tax provision which pro- tive Houses. vides one beneficiary temporary or perma- ‘‘(iii) the trip was not planned, organized, SEC. 106. ELIMINATION OF FLOOR PRIVILEGES nent transition relief from a change to the or arranged by or at the request of a reg- FOR FORMER MEMBERS, SENATE istered lobbyist or foreign agent; and Internal Revenue Code of 1986; and OFFICERS, AND SPEAKERS OF THE ‘‘(4) the term ‘targeted tariff benefit’ HOUSE WHO ARE LOBBYISTS OR ‘‘(iv) registered lobbyists will not partici- means a provision modifying the Harmonized SEEK FINANCIAL GAIN. pate in or attend the trip; Tariff Schedule of the United States in a Rule XXIII of the Standing Rules of the ‘‘(B) provide the Select Committee on Eth- manner that benefits 10 or fewer entities. Senate is amended by— ics (in the case of an employee, from the su- ‘‘2. It shall not be in order to consider any (1) inserting ‘‘1.’’ before ‘‘Other’’; pervising Member or officer), in writing— Senate bill or Senate amendment or con- (2) inserting after ‘‘Ex-Senators and Sen- ‘‘(i) a detailed itinerary of the trip; and ference report on any bill, including an ap- ators-elect’’ the following: ‘‘, except as pro- ‘‘(ii) a determination that the trip— propriations bill, a revenue bill, and an au- vided in paragraph 2’’; ‘‘(I) is primarily educational (either for the thorizing bill, unless a list of— (3) inserting after ‘‘Ex-Secretaries and ex- invited person or for the organization spon- ‘‘(1) all earmarks, targeted tax benefits, Sergeants at Arms of the Senate’’ the fol- soring the trip); and targeted tariff benefits in such measure; lowing: ‘‘, except as provided in paragraph ‘‘(II) is consistent with the official duties ‘‘(2) an identification of the Member or 2’’; of the Member, officer, or employee; Members who proposed the earmark, tar- (4) inserting after ‘‘Ex-Speakers of the ‘‘(III) does not create an appearance of use geted tax benefit, or targeted tariff benefit; House of Representatives’’ the following: ‘‘, of public office for private gain; and and except as provided in paragraph 2’’; and ‘‘(iii) has a minimal or no recreational ‘‘(3) an explanation of the essential govern- (5) adding at the end the following: component; and mental purpose for the earmark, targeted ‘‘2. (a) The floor privilege provided in para- ‘‘(C) obtain written approval of the trip tax benefit, or targeted tariff benefit; graph 1 shall not apply, when the Senate is from the Select Committee on Ethics. is available along with any joint statement in session, to an individual covered by this ‘‘(2) Not later than 30 days after comple- of managers associated with the measure to paragraph who is— tion of travel, approved under this subpara- all Members and made available on the ‘‘(1) a registered lobbyist or agent of a for- graph, the Member, officer, or employee Internet to the general public for at least 48 eign principal; or shall file with the Select Committee on Eth- hours before its consideration. ‘‘(2) is in the employ of or represents any ics and the Secretary of the Senate a de- ‘‘3. (a) A Member who proposes an ear- party or organization for the purpose of in- scription of meetings and events attended mark, targeted tax benefit, or targeted trade fluencing, directly or indirectly, the passage, during such travel and the names of any reg- benefit included on a list prepared pursuant defeat, or amendment of any legislative pro- istered lobbyist who accompanied the Mem- to paragraph 2, shall certify that neither the posal. ber, officer, or employee during the travel, Member nor his or her spouse has a financial ‘‘(b) The Committee on Rules and Adminis- except when disclosure of such information interest in such earmark, targeted tax ben- tration may promulgate regulations to allow is deemed by the Member or supervisor under efit, or targeted tariff benefit. individuals covered by this paragraph floor whose direct supervision the employee is em- ‘‘(b) In this paragraph, the term ‘financial privileges for ceremonial functions and ployed to jeopardize the safety of an indi- interest’ shall be interpreted in a manner events designated by the Majority Leader vidual or adversely affect national security. consistent with Senate Rule XXXVII.’’ and the Minority Leader.’’. Such information shall also be posted on the SEC. 104. AVAILABILITY OF CONFERENCE RE- SEC. 107. PROPER VALUATION OF TICKETS TO Member’s official website not later than 30 PORTS ON THE INTERNET. ENTERTAINMENT AND SPORTING days after the completion of the travel, ex- (a) IN GENERAL.— EVENTS. cept when disclosure of such information is (1) AMENDMENT.—Rule XXVIII of all the Paragraph 1(c)(1) of rule XXXV of the deemed by the Member to jeopardize the Standing Rules of the Senate is amended by Standing Rules of the Senate is amended by safety of an individual or adversely affect adding at the end the following: adding at the end the following: ‘‘The mar- national security.’’.

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(b) DISCLOSURE OF NONCOMMERCIAL AIR SEC. 111. POST EMPLOYMENT RESTRICTIONS. Member’s spouse or immediate family mem- TRAVEL.— (a) IN GENERAL.—Paragraph 9 of rule ber. (1) RULES.—Paragraph 2 of rule XXXV of XXXVII of the Standing Rules of the Senate ‘‘(b) In this paragraph, the term ‘imme- the Standing Rules of the Senate, as amend- is amended by— diate family member’ means the son, daugh- ed by subsection (a), is amended by adding at (1) designating the first sentence as sub- ter, stepson, stepdaughter, son-in-law, the end the following: paragraph (a); daughter-in-law, mother, father, stepmother, ‘‘(g) A Member, officer, or employee of the (2) designating the second sentence as sub- stepfather, mother-in-law, father-in-law, Senate shall— paragraph (b); and brother, sister, stepbrother, or stepsister of ‘‘(1) disclose a flight on an aircraft that is (3) adding at the end the following: the Member.’’. not licensed by the Federal Aviation Admin- ‘‘(c) If an employee on the staff of a Mem- SEC. 114. INFLUENCING HIRING DECISIONS. istration to operate for compensation or ber or on the staff of a committee whose rate Rule XLIII of the Standing Rules of the hire, excluding a flight on an aircraft owned, of pay is equal to or greater than 75 percent Senate is amended by adding at the end the operated, or leased by a governmental enti- of the rate of pay of a Member and employed following: ty, taken in connection with the duties of at such rate for more than 60 days in a cal- ‘‘6. No Member shall, with the intent to in- the Member, officer, or employee as an of- endar year, upon leaving that position, be- fluence on the basis of partisan political af- ficeholder or Senate officer or employee; and comes a registered lobbyist under the Lob- filiation an employment decision or employ- ‘‘(2) with respect to the flight, file a report bying Disclosure Act of 1995, or is employed ment practice of any private entity— with the Secretary of the Senate, including or retained by such a registered lobbyist for ‘‘(1) take or withhold, or offer or threaten the date, destination, and owner or lessee of the purpose of influencing legislation, such to take or withhold, an official act; or the aircraft, the purpose of the trip, and the employee may not lobby any Member, offi- ‘‘(2) influence, or offer or threaten to influ- persons on the trip, except for any person cer, or employee of the Senate for a period of ence the official act of another.’’. flying the aircraft.’’. 1 year after leaving that position.’’. SEC. 115. SENSE OF THE SENATE THAT ANY AP- (2) FECA.—Section 304(b) of the Federal (b) EFFECTIVE DATE.—This section shall PLICABLE RESTRICTIONS ON CON- Election Campaign Act of 1971 (2 U.S.C. take effect 60 days after the date of enact- GRESSIONAL BRANCH EMPLOYEES 434(b)) is amended— ment of this title. SHOULD APPLY TO THE EXECUTIVE (A) by striking ‘‘and’’ at the end of para- SEC. 112. DISCLOSURE BY MEMBERS OF CON- AND JUDICIAL BRANCHES. It is the sense of the Senate that any appli- graph (7); GRESS AND STAFF OF EMPLOYMENT cable restrictions on Congressional branch (B) by striking the period at the end of NEGOTIATIONS. employees in this title should apply to the paragraph (8) and inserting ‘‘; and’’; and Rule XXXVII of the Standing Rules of the Executive and Judicial branches. (C) by adding at the end the following: Senate is amended by adding at the end the ‘‘(9) in the case of a principal campaign following: SEC. 116. AMOUNTS OF COLA ADJUSTMENTS NOT committee of a candidate (other than a can- ‘‘14. (a) A Member shall not directly nego- PAID TO CERTAIN MEMBERS OF CONGRESS. didate for election to the office of President tiate or have any arrangement concerning (a) IN GENERAL.—Any adjustment under or Vice President), any flight taken by the prospective private employment until after his or her successor has been elected, unless section 601(a) of the Legislative Reorganiza- candidate (other than a flight designated to tion Act of 1946 (2 U.S.C. 31) (relating to the transport the President, Vice President, or a such Member files a statement with the Sec- retary of the Senate, for public disclosure, cost-of-living adjustments for Members of candidate for election to the office of Presi- Congress) shall not be paid to any Member of dent or Vice President) during the reporting regarding such negotiations or arrangements within 3 business days after the commence- Congress who voted for any amendment (or period on an aircraft that is not licensed by against the tabling of any amendment) that the Federal Aviation Administration to opment of such negotiation or arrangement, including the name of the private entity or en- provided that such adjustment would not be erate for compensation or hire, together made. with the following information: tities involved in such negotiations or arrangements, the date such negotiations or (b) DEPOSIT IN TREASURY.—Any amount ‘‘(A) The date of the flight. not paid to a Member of Congress under sub- ‘‘(B) The destination of the flight. arrangements commenced, and must be signed by the Member. section (a) shall be transmitted to the Treas- ‘‘(C) The owner or lessee of the aircraft. ury for deposit in the appropriations account ‘‘(D) The purpose of the flight. ‘‘(b) A Member shall not directly negotiate or have any arrangement concerning pro- under the subheading ‘‘MEDICAL SERV- ‘‘(E) The persons on the flight, except for ICES’’ under the heading ‘‘VETERANS any person flying the aircraft.’’. spective employment until after his or her successor has been elected for a job involving HEALTH ADMINISTRATION’’. (c) PUBLIC AVAILABILITY.—Paragraph 2(e) lobbying activities as defined by the Lob- (c) ADMINISTRATION.—The salary of any of rule XXXV of the Standing Rules of the bying Disclosure Act of 1995. Member of Congress to whom subsection (a) Senate is amended to read as follows: ‘‘(c) (1) An employee of the Senate earning applies shall be deemed to be the salary in ‘‘(e) The Secretary of the Senate shall in excess of 75 percent of the salary paid to effect after the application of that sub- make available to the public all disclosures a Senator shall notify the Committee on section, except that for purposes of deter- filed pursuant to subparagraphs (f) and (g) as Ethics that he or she is negotiating or has mining any benefit (including any retire- soon as possible after they are received and any arrangement concerning prospective pri- ment or insurance benefit), the salary of such matters shall be posted on the Mem- vate employment. that Member of Congress shall be deemed to ber’s official website but no later than 30 ‘‘(2) The disclosure and notification under be the salary that Member of Congress would days after the trip or flight.’’. this subparagraph shall be made within 3 have received, but for that subsection. SEC. 110. RESTRICTIONS ON FORMER OFFICERS, business days after the commencement of (d) EFFECTIVE DATE.—This section shall EMPLOYEES, AND ELECTED OFFI- such negotiation or arrangement. take effect on the first day of the first appli- CIALS OF THE EXECUTIVE AND LEG- ‘‘(3) An employee to whom this subpara- cable pay period beginning on or after Feb- ISLATIVE BRANCH. graph applies shall recuse himself or herself ruary 1, 2008. (a) IN GENERAL.—Section 207 of title 18, from any matter in which there is a conflict SEC. 117. REQUIREMENT OF NOTICE OF INTENT United States Code, is amended— of interest or an appearance of a conflict for TO PROCEED. (1) in subsection (i)— that employee under this rule and notify the (a) IN GENERAL.—The majority and minor- (A) in paragraph (2), by striking ‘‘and’’ at Select Committee on Ethics of such ity leaders of the Senate or their designees the end; recusal.’’. shall recognize a notice of intent of a Sen- (B) in paragraph (3), by striking the period SEC. 113. PROHIBIT OFFICIAL CONTACT WITH ator who is a member of their caucus to ob- at the end and inserting ‘‘; and’’; and SPOUSE OR IMMEDIATE FAMILY ject to proceeding to a measure or matter (C) by adding at the end the following: MEMBER OF MEMBER WHO IS A REG- only if the Senator— ‘‘(4) the term ‘tribe’ has the meaning given ISTERED LOBBYIST. (1) submits the notice of intent in writing that term in section 19 of the Act of June 18, Rule XXXVII of the Standing Rules of the to the appropriate leader or their designee; 1934 (commonly known as the ‘Indian Reor- Senate is amended by— and ganization Act’) (25 U.S.C. 479).’’; and (1) redesignating paragraphs 10 through 12 (2) within 3 session days after the submis- (2) in subsection (j)— as paragraphs 11 through 13, respectively; sion under paragraph (1), submits for inclu- (A) in paragraph (1), by striking ‘‘or local’’ and sion in the Congressional Record and in the and inserting ‘‘, local, or tribal’’; and (2) inserting after paragraph 9, the fol- applicable calendar section described in sub- (B) in paragraph (2)— lowing: section (b) the following notice: (i) in the paragraph heading, by striking ‘‘10. (a) If a Member’s spouse or immediate ‘‘I, Senator ll, intend to object to pro- ‘‘AND LOCAL’’ and inserting ‘‘, LOCAL, AND family member is a registered lobbyist under ceeding to ll, dated ll.’’. TRIBAL’’; and the Lobbying Disclosure Act of 1995, or is (b) CALENDAR.—The Secretary of the Sen- (ii) in subparagraph (A), by striking ‘‘or employed or retained by such a registered ate shall establish, for both the Senate Cal- local’’ and inserting ‘‘, local, or tribal’’. lobbyist for the purpose of influencing legis- endar of Business and the Senate Executive (b) CONFORMING AMENDMENT.—Section 104 lation, the Member shall prohibit all staff Calendar, a separate section entitled ‘‘No- of the Indian Self-Determination and Edu- employed by that Member (including staff in tices of Intent to Object to Proceeding’’. cation Assistance Act (25 U.S.C. 450i) is personal, committee, and leadership offices) Each section shall include the name of each amended by striking subsection (j). from having any official contact with the Senator filing a notice under subsection

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(4) ESTIMATES.—Section 15 of the Act (2 ‘‘(E) the identity of any person or entity, (c) REMOVAL.—A Senator may have an U.S.C. 1610) is amended— other than the listed sponsor or sponsors of item with respect to the Senator removed (A) in subsection (a)(1), by striking ‘‘semi- the travel, which directly or indirectly pro- from a calendar to which it was added under annual period’’ and inserting ‘‘quarterly pe- vided for payment of travel and related ex- subsection (b) by submitting for inclusion in riod’’; and penses at the request or suggestion of the the Congressional Record the following no- (B) in subsection (b)(1), by striking ‘‘semi- registrant or the lobbyist; tice: annual period’’ and inserting ‘‘quarterly pe- ‘‘(6) the date, recipient, and amount of ‘‘I, Senator ll, do not object to pro- riod’’. funds contributed or disbursed by, or ar- ceeding to ll, dated ll.’’. (5) DOLLAR AMOUNTS.— ranged by, the registrant or covered lobbyist SEC. 118. CBO SCORING REQUIREMENT. (A) REGISTRATION.—Section 4 of the Act (2 within the last quarter— (a) IN GENERAL.—It shall not be in order in U.S.C. 1603) is amended— ‘‘(A) to pay the cost of an event to honor the Senate to consider a report of a com- (i) in subsection (a)(3)(A)(i), by striking or recognize a covered legislative branch of- mittee of conference unless an official writ- ‘‘$5,000’’ and inserting ‘‘$2,500’’; ficial or covered legislative branch official; ten cost estimate or table by the Congres- (ii) in subsection (a)(3)(A)(ii), by striking ‘‘(B) to, or on behalf of, an entity that is sional Budget Office is available at the time ‘‘$20,000’’ and inserting ‘‘$10,000’’; named for a covered legislative branch offi- of consideration. (iii) in subsection (b)(3)(A), by striking cial, or to a person or entity in recognition (b) SUPERMAJORITY REQUIREMENT.—This ‘‘$10,000’’ and inserting ‘‘$5,000’’; and of such official; section may be waived or suspended in the (iv) in subsection (b)(4), by striking ‘‘(C) to an entity established, financed, Senate only by an affirmative vote of 3/5 of ‘‘$10,000’’ and inserting ‘‘$5,000’’. maintained, or controlled by a covered legis- the Members, duly chosen and sworn. An af- (B) REPORTS.—Section 5 of the Act (2 lative branch official or covered legislative firmative vote of 3/5 of the Members of the U.S.C. 1604) is amended— branch official, or an entity designated by Senate, duly chosen and sworn, shall be re- (i) in subsection (c)(1), by striking such official; or quired in the Senate to sustain an appeal of ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ ‘‘(D) to pay the costs of a meeting, retreat, the ruling of the Chair on a point of order and ‘‘$10,000’’, respectively; and conference, or other similar event held by, or raised under this section. (ii) in subsection (c)(2), by striking for the benefit of, 1 or more covered legisla- SEC. 119. EFFECTIVE DATE. ‘‘$10,000’’ both places such term appears and tive branch officials or covered executive Except as otherwise provided in this title, inserting ‘‘$5,000’’. branch officials; this title shall take effect on the date of en- SEC. 212. QUARTERLY REPORTS ON OTHER CON- except that this paragraph shall not apply to actment of this title. TRIBUTIONS. any payment or reimbursement made from TITLE II—LOBBYING TRANSPARENCY AND Section 5 of the Act (2 U.S.C. 1604) is funds required to be reported under section ACCOUNTABILITY ACT OF 2007 amended by adding at the end of the fol- 304 of the Federal Election Campaign Act of SEC. 201. SHORT TITLE. lowing: 1971 (2 U.S.C. 434); ‘‘(7) the date, recipient, and amount of any This title may be cited as the ‘‘Legislative ‘‘(d) QUARTERLY REPORTS ON CONTRIBU- gift (that under the rules of the House of Transparency and Accountability Act of TIONS.—Not later than 45 days after the end Representatives or Senate counts towards 2007’’. of the quarterly period beginning on the 20th the $100 cumulative annual limit described Subtitle A—Enhancing Lobbying Disclosure day of January, April, July, and October of in such rules) valued in excess of $20 given by each year or on the first business day after SEC. 211. QUARTERLY FILING OF LOBBYING DIS- the registrant or covered lobbyist within the the 20th if that day is not a business day, CLOSURE REPORTS. past quarter to a covered legislative branch each registrant under section 4(a)(1) or (2), (a) QUARTERLY FILING REQUIRED.—Section official or covered executive branch official; and each employee who is listed as a lobbyist 5 of the Lobbying Disclosure Act of 1995 (in and under a current filing under section 4 or 5, this title referred to as the ‘‘Act’’) (2 U.S.C. ‘‘(8) the name of each Presidential library shall file a report with the Secretary of the 1604) is amended— foundation and Presidential inaugural com- Senate and the Clerk of the House of Rep- (1) in subsection (a)— mittee, to whom contributions equal to or (A) in the subsection heading, by striking resentatives containing— exceeding $200 were made by the registrant ‘‘Semiannual’’ and inserting ‘‘Quarterly’’; ‘‘(1) the name of the registrant or covered or covered lobbyist during the past quarter, and lobbyist; and the date and amount of such contribu- (B) by striking the first sentence and in- ‘‘(2) the employer of the lobbyist, in the tion. serting the following: ‘‘Not later than 45 case of an employee listed as a covered lob- For purposes of this subsection, the term byist; days after the end of the quarterly period be- ‘covered lobbyist’ means a lobbyist listed on ‘‘(3) in the case of a covered lobbyist, the ginning on the 20th day of January, April, a report under section 4(a)(1), section 4(b)(6), date, amount, and recipient of each contribu- July, and October of each year or on the first or section 5(b)(2)(C) that was required to be tion made within the past quarter for each business day after the 20th day if that day is filed on the same day as the report filed not a business day in which a registrant is federal candidate or officeholder, leadership under this subsection. For purposes of para- registered with the Secretary of the Senate PAC, or political party committee for whom graph (7), the term ‘gift’ means a gratuity, and the Clerk of the House of Representa- the employee has made aggregate contribu- favor, discount, entertainment, hospitality, tives on its lobbying activities during such tions equal to or exceeding $200 during the loan, forbearance, or other item having mon- quarterly period.’’; and calendar year; etary value. The term includes gifts of serv- (2) in subsection (b)— ‘‘(4) in the case of a covered lobbyist, the ices, training, transportation, lodging, and (A) in the matter preceding paragraph (1), name of each Federal candidate or office- meals, whether provided in-kind, by pur- by striking ‘‘semiannual report’’ and insert- holder, leadership PAC, or political party chase of a ticket, payment in advance, or re- ing ‘‘quarterly report’’; committee for whom a fundraising event was imbursement after the expense has been in- (B) in paragraph (2), by striking ‘‘semi- hosted, co-hosted, or otherwise sponsored by curred.’’. annual filing period’’ and inserting ‘‘quar- the lobbyist within the past quarter, and the SEC. 213. ADDITIONAL DISCLOSURE. terly period’’; date and location of the event; and Section 5(b) of the Act (2 U.S.C. 1604(b)) is (C) in paragraph (3), by striking ‘‘semi- ‘‘(5) the name of each covered legislative amended— annual period’’ and inserting ‘‘quarterly pe- branch official or covered executive branch (1) in paragraph (3), by striking ‘‘and’’ riod’’; and official for whom the registrant or covered after the semicolon; (D) in paragraph (4), by striking ‘‘semi- lobbyist provided, or directed or arranged to (2) in paragraph (4), by striking the period annual filing period’’ and inserting ‘‘quar- be provided, within the past quarter, any and inserting a semicolon; and terly period’’. payment or reimbursements for travel and (3) by adding at the end of the following: (b) CONFORMING AMENDMENTS.— related expenses in connection with the du- ‘‘(5) for each client, immediately after list- (1) DEFINITION.—Section 3(10) of the Act (2 ties of such covered official, including for ing the client, an identification of whether U.S.C. 1602) is amended by striking ‘‘six each such official— the client is a public entity, including a month period’’ and inserting ‘‘three-month ‘‘(A) an itemization of the payments or re- State or local government or a department, period’’. imbursements provided to finance the travel agency, special purpose district, or other in- (2) REGISTRATION.—Section 4 of the Act (2 and related expenses and to whom the pay- strumentality controlled by a State or local U.S.C. 1603) is amended— ments or reimbursements were made with government, or a private entity.’’. (A) in subsection (a)(3)(A), by striking the express or implied understanding or SEC. 214. PUBLIC DATABASE OF LOBBYING DIS- ‘‘semiannual period’’ and inserting ‘‘quar- agreement that such funds will be used for CLOSURE INFORMATION. terly period’’; and travel and related expenses; (a) DATABASE REQUIRED.—Section 6 of the (B) in subsection (b)(3)(A), by striking ‘‘(B) the purpose and final itinerary of the Act (2 U.S.C. 1605) is amended— ‘‘semiannual period’’ and inserting ‘‘quar- trip, including a description of all meetings, (1) in paragraph (7), by striking ‘‘and’’ at terly period’’. tours, events, and outings attended; the end; (3) ENFORCEMENT.—Section 6(a)(6) of the ‘‘(C) whether the registrant or lobbyist (2) in paragraph (8), by striking the period Act (2 U.S.C. 1605(6)) is amended by striking traveled on any such travel; and inserting ‘‘; and’’; and

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(3) by adding at the end the following: States Attorney for the District of Columbia (b) REGISTRATION.—Section 4(a) of the Act ‘‘(9) maintain, and make available to the for noncompliance as required by paragraph (2 U.S.C. 1603(a)) is amended— public over the Internet, without a fee or (8) on a semi annual basis’’; and (1) in the flush matter at the end of para- other access charge, in a searchable, sort- (5) by inserting at the end the following: graph (3)(A), by adding at the end the fol- able, and downloadable manner, an elec- ‘‘(b) ENFORCEMENT REPORT.—The United lowing: ‘‘For purposes of clauses (i) and (ii), tronic database that— States Attorney for the District of Columbia the term ‘lobbying activities’ shall not in- ‘‘(A) includes the information contained in shall report to the Committee on Homeland clude paid efforts to stimulate grassroots registrations and reports filed under this Security and Governmental Affairs and the lobbying.’’; and Act; Committee on the Judiciary of the Senate (2) by inserting after paragraph (3) the fol- ‘‘(B) directly links the information it con- and the Committee on Government Reform lowing: tains to the information disclosed in reports and the Committee on the Judiciary of the ‘‘(4) FILING BY GRASSROOTS LOBBYING House of Representatives on a semi annual filed with the Federal Election Commission FIRMS.—Not later than 45 days after a grass- under section 304 of the Federal Election basis the aggregate number of enforcement roots lobbying firm first is retained by a cli- Campaign Act of 1971 (2 U.S.C. 434); and actions taken by the Attorney’s office under ent to engage in paid efforts to stimulate this Act and the amount of fines, if any, by ‘‘(C) is searchable and sortable, at a min- grassroots lobbying, such grassroots lob- case, except that such report shall not in- imum, by each of the categories of informa- bying firm shall register with the Secretary clude the names of individuals or personally tion described in section 4(b) or 5(b).’’. of the Senate and the Clerk of the House of identifiable information.’’. (b) AVAILABILITY OF REPORTS.—Section Representatives.’’. 6(a)(4) of the Act is amended by inserting be- SEC. 219. ELECTRONIC FILING OF LOBBYING DIS- CLOSURE REPORTS. (c) SEPARATE ITEMIZATION OF PAID EFFORTS fore the semicolon the following: ‘‘and, in Section 5 of the Act (2 U.S.C. 1604) is TO STIMULATE GRASSROOTS LOBBYING.—Sec- the case of a report filed in electronic form amended by adding at the end the following: under section 5(e), shall make such report tion 5(b) of the Act (2 U.S.C. 1604(b)) is ‘‘(e) ELECTRONIC FILING REQUIRED.—A re- amended— available for public inspection over the port required to be filed under this section Internet not more than 48 hours after the re- (1) in paragraph (3), by— shall be filed in electronic form, in addition (A) inserting after ‘‘total amount of all in- port is filed’’. to any other form. The Secretary of the Sen- (c) AUTHORIZATION OF APPROPRIATIONS.— come’’ the following: ‘‘(including a separate ate and the Clerk of the House of Represent- good faith estimate of the total amount of There are authorized to be appropriated such atives shall use the same electronic software income relating specifically to paid efforts sums as may be necessary to carry out para- for receipt and recording of filings under this to stimulate grassroots lobbying and, within graph (9) of section 6(a) of the Act, as added Act.’’. by subsection (a). that amount, a good faith estimate of the SEC. 220. DISCLOSURE OF PAID EFFORTS TO total amount specifically relating to paid ad- SEC. 215. DISCLOSURE BY REGISTERED LOBBY- STIMULATE GRASSROOTS LOB- ISTS OF ALL PAST EXECUTIVE AND BYING. vertising)’’; and CONGRESSIONAL EMPLOYMENT. (a) DEFINITIONS.—Section 3 of the Act (2 (B) inserting ‘‘or a grassroots lobbying Section 4(b)(6) of the Act (2 U.S.C. 1603) is U.S.C. 1602) is amended— firm’’ after ‘‘lobbying firm’’; amended by striking ‘‘or a covered legisla- (1) in paragraph (7), by adding at the end of (2) in paragraph (4), by inserting after tive branch official’’ and all that follows the following: ‘‘Lobbying activities include ‘‘total expenses’’ the following: ‘‘(including a through ‘‘as a lobbyist on behalf of the cli- paid efforts to stimulate grassroots lobbying, good faith estimate of the total amount of ent,’’ and inserting ‘‘or a covered legislative but do not include grassroots lobbying.’’; and expenses relating specifically to paid efforts branch official,’’. (2) by adding at the end of the following: to stimulate grassroots lobbying and, within that total amount, a good faith estimate of SEC. 216. INCREASED PENALTY FOR FAILURE TO ‘‘(17) GRASSROOTS LOBBYING.—The term COMPLY WITH LOBBYING DISCLO- ‘grassroots lobbying’ means the voluntary the total amount specifically relating to SURE REQUIREMENTS. efforts of members of the general public to paid advertising)’’; and Section 7 of the Act (2 U.S.C. 1606) is communicate their own views on an issue to (3) by adding at the end the following: amended by striking ‘‘$50,000’’ and inserting Federal officials or to encourage other mem- ‘‘Subparagraphs (B) and (C) of paragraph ‘‘$100,000’’. bers of the general public to do the same. (2) shall not apply with respect to reports re- SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES ‘‘(18) PAID EFFORTS TO STIMULATE GRASS- lating to paid efforts to stimulate grassroots ROOTS LOBBYING.— BY CERTAIN COALITIONS AND ASSO- lobbying activities.’’. CIATIONS. ‘‘(A) IN GENERAL.—The term ‘paid efforts to (a) IN GENERAL.—Section 4(b)(3)(B) of the stimulate grassroots lobbying’ means any (d) GOOD FAITH ESTIMATES AND DE MINIMIS Act (2 U.S.C. 1603(b)(3)(B)) is amended to read paid attempt in support of lobbying contacts RULES FOR PAID EFFORTS TO STIMULATE as follows: on behalf of a client to influence the general GRASSROOTS LOBBYING.— ‘‘(B) participates in a substantial way in public or segments thereof to contact 1 or (1) IN GENERAL.—Section 5(c) of the Act (2 the planning, supervision, or control of such more covered legislative or executive branch U.S.C. 1604(c)) is amended to read as follows: officials (or Congress as a whole) to urge lobbying activities;’’. ‘‘(c) ESTIMATES OF INCOME OR EXPENSES.— such officials (or Congress) to take specific (b) NO DONOR OR MEMBERSHIP LIST DISCLO- For purposes of this section, the following SURE.—Section 4(b) of the Act (2 U.S.C. action with respect to a matter described in section 3(8)(A), except that such term does shall apply: 1603(b)) is amended by adding at the end the ‘‘(1) Estimates of income or expenses shall following: not include any communications by an entity directed to its members, employees, offi- be made as follows: ‘‘No disclosure is required under paragraph cers, or shareholders. ‘‘(A) Estimates of amounts in excess of (3)(B) if it is publicly available knowledge ‘‘(B) PAID ATTEMPT TO INFLUENCE THE GEN- $10,000 shall be rounded to the nearest that the organization that would be identi- ERAL PUBLIC OR SEGMENTS THEREOF.—The $20,000. fied is affiliated with the client or has been term ‘paid attempt to influence the general ‘‘(B) In the event income or expenses do publicly disclosed to have provided funding public or segments thereof’ does not include not exceed $10,000, the registrant shall in- to the client, unless the organization in an attempt to influence directed at less than clude a statement that income or expenses whole or in major part plans, supervises, or 500 members of the general public. totaled less than $10,000 for the reporting pe- controls such lobbying activities. Nothing in ‘‘(C) REGISTRANT.—For purposes of this riod. paragraph (3)(B) shall be construed to re- paragraph, a person or entity is a member of ‘‘(2) Estimates of income or expenses relat- quire the disclosure of any information a registrant if the person or entity— ing specifically to paid efforts to stimulate about individuals who are members of, or do- ‘‘(i) pays dues or makes a contribution of grassroots lobbying shall be made as follows: nors to, an entity treated as a client by this more than a nominal amount to the entity; ‘‘(A) Estimates of amounts in excess of Act or an organization identified under that ‘‘(ii) makes a contribution of more than a $25,000 shall be rounded to the nearest paragraph.’’. nominal amount of time to the entity; $20,000. SEC. 218. DISCLOSURE OF ENFORCEMENT FOR ‘‘(iii) is entitled to participate in the gov- ‘‘(B) In the event income or expenses do NONCOMPLIANCE. ernance of the entity; not exceed $25,000, the registrant shall in- Section 6 of the Act (2 U.S.C. 1605) is ‘‘(iv) is 1 of a limited number of honorary clude a statement that income or expenses amended— or life members of the entity; or totaled less than $25,000 for the reporting pe- (1) by inserting ‘‘(a)’’ before ‘‘The Sec- ‘‘(v) is an employee, officer, director or riod.’’. retary of the Senate’’; member of the entity. (2) TAX REPORTING.—Section 15 of the Act (2) in paragraph (8), by striking ‘‘and’’ at ‘‘(19) GRASSROOTS LOBBYING FIRM.—The (2 U.S.C. 1610) is amended— the end; term ‘grassroots lobbying firm’ means a per- (A) in subsection (a)— (3) in paragraph (9), by striking the period son or entity that— (i) in paragraph (1), by striking ‘‘and’’ after and inserting ‘‘; and’’; ‘‘(A) is retained by 1 or more clients to en- the semicolon; (4) after paragraph (9), by inserting the fol- gage in paid efforts to stimulate grassroots (ii) in paragraph (2), by striking the period lowing: lobbying on behalf of such clients; and and inserting ‘‘; and’’; and ‘‘(10) make publicly available the aggre- ‘‘(B) receives income of, or spends or agrees (iii) by adding at the end the following: gate number of lobbyists and lobbying firms, to spend, an aggregate of $25,000 or more for ‘‘(3) in lieu of using the definition of paid separately accounted, referred to the United such efforts in any quarterly period.’’. efforts to stimulate grassroots lobbying in

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S306 CONGRESSIONAL RECORD — SENATE January 9, 2007 section 3(18), consider as paid efforts to stim- be imprisoned for not more than 10 years, or a Member or staff of the respective House or ulate grassroots lobbying only those activi- fined under title 18, United States Code, or Senate committee. ties that are grassroots expenditures as de- both.’’. (2) A list of the number of alleged viola- fined in section 4911(c)(3) of the Internal Rev- SEC. 224. EFFECTIVE DATE. tions that were dismissed— enue Code of 1986.’’; and This subtitle and the amendments made by (A) for lack of subject matter jurisdiction; (B) in subsection (b)— this subtitle shall take effect January 1, or (i) in paragraph (1), by striking ‘‘and’’ after 2008. (B) because they failed to provide suffi- the semicolon; cient facts as to any material violation of (ii) in paragraph (2), by striking the period Subtitle B—Oversight of Ethics and Lobbying the House or Senate rules beyond mere alle- and inserting ‘‘; and’’; and SEC. 231. COMPTROLLER GENERAL AUDIT AND gation or assertion. (iii) by adding at the end the following: ANNUAL REPORT. (3) The number of complaints in which the ‘‘(3) in lieu of using the definition of paid (a) AUDIT REQUIRED.—The Comptroller committee staff conducted a preliminary in- efforts to stimulate grassroots lobbying in General shall audit on an annual basis lob- quiry. section 3(18), consider as paid efforts to stim- bying registration and reports filed under (4) The number of complaints that staff ulate grassroots lobbying only those activi- the Lobbying Disclosure Act of 1995 to deter- presented to the committee with rec- ties that are grassroots expenditures as de- mine the extent of compliance or noncompli- ommendations that the complaint be dis- fined in section 4911(c)(3) of the Internal Rev- ance with the requirements of that Act by missed. enue Code of 1986.’’. lobbyists and their clients. (5) The number of complaints that the staff SEC. 221. ELECTRONIC FILING AND PUBLIC (b) ANNUAL REPORTS.—Not later than April presented to the committee with rec- DATABASE FOR LOBBYISTS FOR 1 of each year, the Comptroller General shall ommendation that the investigation pro- FOREIGN GOVERNMENTS. submit to Congress a report on the review re- ceed. (a) ELECTRONIC FILING.—Section 2 of the quired by subsection (a). The report shall in- (6) The number of ongoing inquiries. Foreign Agents Registration Act (22 U.S.C. clude the Comptroller General’s assessment (7) The number of complaints that the 612) is amended by adding at the end the fol- of the matters required to be emphasized by committee dismissed for lack of substantial lowing new subsection: that subsection and any recommendations of merit. ‘‘(g) ELECTRONIC FILING OF REGISTRATION the Comptroller General to— (8) The number of private letters of admo- STATEMENTS AND UPDATES.—A registration (1) improve the compliance by lobbyists nition or public letters of admonition issued. statement or update required to be filed with the requirements of that Act; and (9) The number of matters resulting in a under this section shall be filed in electronic (2) provide the Secretary of the Senate and disciplinary sanction. form, in addition to any other form that may the Clerk of the House of Representatives Subtitle C—Slowing the Revolving Door be required by the Attorney General.’’. with the resources and authorities needed for SEC. 241. AMENDMENTS TO RESTRICTIONS ON (b) PUBLIC DATABASE.—Section 6 of the effective oversight and enforcement of that FORMER OFFICERS, EMPLOYEES, Foreign Agents Registration Act (22 U.S.C. Act. AND ELECTED OFFICIALS OF THE 616) is amended by adding at the end the fol- EXECUTIVE AND LEGISLATIVE SEC. 232. MANDATORY SENATE ETHICS TRAINING BRANCHES. lowing new subsection: FOR MEMBERS AND STAFF. ‘‘(d) PUBLIC DATABASE OF REGISTRATION (a) VERY SENIOR EXECUTIVE PERSONNEL.— (a) TRAINING PROGRAM.—The Select Com- STATEMENTS AND UPDATES.— The matter after subparagraph (C) in section mittee on Ethics shall conduct ongoing eth- ‘‘(1) IN GENERAL.—The Attorney General 207(d)(1) of title 18, United States Code, is ics training and awareness programs for shall maintain, and make available to the amended by striking ‘‘within 1 year’’ and in- Members of the Senate and Senate staff. public over the Internet, without a fee or serting ‘‘within 2 years’’. (b) REQUIREMENTS.—The ethics training other access charge, in a searchable, sort- (b) RESTRICTIONS ON LOBBYING BY MEMBERS program conducted by the Select Committee able, and downloadable manner, an elec- OF CONGRESS AND EMPLOYEES OF CONGRESS.— on Ethics shall be completed by— tronic database that— Subsection (e) of section 207 of title 18, (1) new Senators or staff not later than 60 ‘‘(A) includes the information contained in United States Code, is amended— days after commencing service or employ- registration statements and updates filed (1) in paragraph (1)(A), by striking ‘‘within ment; and under this Act; 1 year’’ and inserting ‘‘within 2 years’’; (2) Senators and Senate staff serving or ‘‘(B) directly links the information it con- (2) by striking paragraphs (2) through (5) employed on the date of enactment of this tains to the information disclosed in reports and inserting the following: Act not later than 120 days after the date of filed with the Federal Election Commission ‘‘(2) CONGRESSIONAL STAFF.— enactment of this Act. under section 304 of the Federal Election ‘‘(A) PROHIBITION.—Any person who is an Campaign Act of 1971 (2 U.S.C. 434); and SEC. 233. SENSE OF THE SENATE REGARDING employee of a House of Congress and who, ‘‘(C) is searchable and sortable, at a min- SELF-REGULATION WITHIN THE within 1 year after that person leaves office, LOBBYING COMMUNITY. imum, by each of the categories of informa- knowingly makes, with the intent to influ- tion described in section 2(a). It is the sense of the Senate that the lob- ence, any communication to or appearance ‘‘(2) ACCOUNTABILITY.—Each registration bying community should develop proposals before any of the persons described in sub- statement and update filed in electronic for multiple self-regulatory organizations paragraph (B), on behalf of any other person form pursuant to section 2(g) shall be made which could provide— (except the United States) in connection available for public inspection over the (1) for the creation of standards for the or- with any matter on which such former em- Internet not more than 48 hours after the ganizations appropriate to the type of lob- ployee seeks action by a Member, officer, or registration statement or update is filed.’’. bying and individuals to be served; employee of either House of Congress, in his (2) training for the lobbying community on SEC. 222. ADDITIONAL LOBBYING DISCLOSURE or her official capacity, shall be punished as REQUIREMENTS. law, ethics, reporting requirements, and dis- provided in section 216 of this title. Section 5(b) of the Lobbying Disclosure closure requirements; ‘‘(B) CONTACT PERSONS COVERED.—Persons Act of 1995 (2 U.S.C. 1604(b)) is amended by (3) for the development of educational ma- referred to in subparagraph (A) with respect adding at the end the following: terials for the public on how to responsibly to appearances or communications are any ‘‘(8) a certification that the lobbying firm, hire a lobbyist or lobby firm; Member, officer, or employee of the House of or registrant, and each employee listed as a (4) standards regarding reasonable fees to Congress in which the person subject to sub- lobbyist under section 4(b)(6) or 5(b)(2)(C) for clients; paragraph (A) was employed. This subpara- that lobbying firm or registrant, has not pro- (5) for the creation of a third-party certifi- graph shall not apply to contacts with staff vided, requested, or directed a gift, including cation program that includes ethics training; of the Secretary of the Senate or the Clerk travel, to a Member or employee of Congress and of the House of Representatives regarding in violation rule XXXV of the Standing (6) for disclosure of requirements to clients compliance with lobbying disclosure require- Rules of the Senate or rule XXV of the Rules regarding fee schedules and conflict of inter- ments under the Lobbying Disclosure Act of of the House of Representatives.’’. est rules. 1995.’’; SEC. 223. INCREASED CRIMINAL PENALTIES FOR SEC. 234. ANNUAL ETHICS COMMITTEES RE- (3) in paragraph (6)— FAILURE TO COMPLY WITH LOB- PORTS. (A) by striking ‘‘paragraphs (2), (3), and BYING DISCLOSURE REQUIRE- The Committee on Standards of Official (4)’’ and inserting ‘‘paragraph (2)’’; MENTS. Conduct of the House of Representatives and (B) by striking ‘‘(A)’’; Section 7 of the Lobbying Disclosure Act of the Select Committee on Ethics of the Sen- (C) by striking subparagraph (B); and 1995 (2 U.S.C. 1606) is amended— ate shall each issue an annual report due no (D) by redesignating the paragraph as (1) by inserting ‘‘(a) CIVIL PENALTY.—’’ be- later than January 31, describing the fol- paragraph (3); and fore ‘‘Whoever’’; and lowing: (4) by redesignating paragraph (7) as para- (2) by adding at the end the following: (1) The number of alleged violations of graph (4). ‘‘(b) CRIMINAL PENALTY.—Whoever know- Senate or House rules including the number (c) EFFECTIVE DATE.—The amendments ingly, willfully, and corruptly fails to com- received from third parties, from Members or made by subsection (b) shall take effect 60 ply with any provision of this section shall staff within each House, or inquires raised by days after the date of enactment of this Act.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S307 Subtitle D—Ban on Provision of Gifts or the Democratic Party, 1 of which is a former travel expenses and per diem in lieu of sub- Travel by Lobbyists in Violation of the member of the Senate; sistence in accordance with sections 5702 and Rules of Congress (4) 2 members shall be appointed by the 5703 of title 5, United States Code. SEC. 251. PROHIBITION ON PROVISION OF GIFTS senior member of the leadership of the House (c) STAFF AND SUPPORT SERVICES.— OR TRAVEL BY REGISTERED LOBBY- of Representatives of the Republican Party, (1) STAFF DIRECTOR.— ISTS TO MEMBERS OF CONGRESS 1 of which is a former member of the House (A) APPOINTMENT.—The Chair (or Co- AND TO CONGRESSIONAL EMPLOY- of Representatives; and Chairs) in accordance with the rules agreed EES. (5) 2 members shall be appointed by the upon by the Commission shall appoint a staff The Lobbying Disclosure Act of 1995 is senior member of the leadership of the House director for the Commission. amended by adding at the end the following: of Representatives of the Democratic Party, (B) COMPENSATION.—The staff director ‘‘SEC. 25. PROHIBITION ON PROVISION OF GIFTS 1 of which is a former member of the House shall be paid at a rate not to exceed the rate OR TRAVEL BY REGISTERED LOBBY- of Representatives. established for level V of the Executive ISTS TO MEMBERS OF CONGRESS (b) QUALIFICATIONS; INITIAL MEETING.— Schedule under section 5315 of title 5, United AND TO CONGRESSIONAL EMPLOY- (1) POLITICAL PARTY AFFILIATION.—Five States Code. EES. members of the Commission shall be Demo- (2) STAFF.—The Chair (or Co-Chairs) in ac- ‘‘(a) PROHIBITION.—Persons described in crats and 5 Republicans. cordance with the rules agreed upon by the subsection (b) may not make a gift or pro- (2) NONGOVERNMENTAL APPOINTEES.—An in- Commission shall appoint such additional vide travel to a Member, Delegate, Resident dividual appointed to the Commission may personnel as the Commission determines to Commissioner, officer, or employee of Con- not be an officer or employee of the Federal be necessary. gress, if the person has knowledge that the Government or any State or local govern- (3) APPLICABILITY OF CIVIL SERVICE LAWS.— gift or travel may not be accepted under the ment. The staff director and other members of the rules of the House of Representatives or the (3) OTHER QUALIFICATIONS.—It is the sense staff of the Commission shall be appointed Senate. of Congress that individuals appointed to the without regard to the provisions of title 5, ‘‘(b) PERSONS SUBJECT TO PROHIBITION.— United States Code, governing appointments The persons subject to the prohibition in Commission should be prominent United in the competitive service, and shall be paid subsection (a) are any lobbyist that registers States citizens, with national recognition without regard to the provisions of chapter under section 4(a)(1), any organization that and significant depth of experience in profes- 51 and subchapter III of chapter 53 of such employs 1 or more lobbyists and registers sions such as governmental service, govern- title relating to classification and General under section 4(a)(2), and any employee list- ment consulting, government contracting, Schedule pay rates. ed as a lobbyist by a registrant under section the law, higher education, historian, busi- (4) EXPERTS AND CONSULTANTS.—With the 4(b)(6). ness, public relations, and fundraising. (4) DEADLINE FOR APPOINTMENT.—All mem- approval of the Commission, the staff direc- ‘‘(c) PENALTY.—Any person who violates tor may procure temporary and intermittent this section shall be subject to the penalties bers of the Commission shall be appointed on services under section 3109(b) of title 5, provided in section 7.’’. a date 3 months after the date of enactment of this Act. United States Code. Subtitle E—Commission to Strengthen (5) INITIAL MEETING.—The Commission (d) PHYSICAL FACILITIES.—The Architect of Confidence in Congress Act of 2007 shall meet and begin the operations of the the Capitol, in consultation with the appro- SEC. 261. SHORT TITLE. Commission as soon as practicable. priate entities in the legislative branch, This subtitle may be cited as the ‘‘Com- (c) QUORUM; VACANCIES.—After its initial shall locate and provide suitable office space mission to Strengthen Confidence in Con- meeting, the Commission shall meet upon for the operation of the Commission on a gress Act of 2007’’. the call of the chairman or a majority of its nonreimbursable basis. The facilities shall SEC. 262. ESTABLISHMENT OF COMMISSION. members. Six members of the Commission serve as the headquarters of the Commission There is established in the legislative shall constitute a quorum. Any vacancy in and shall include all necessary equipment branch a commission to be known as the the Commission shall not affect its powers, and incidentals required for the proper func- ‘‘Commission to Strengthen Confidence in but shall be filled in the same manner in tioning of the Commission. Congress’’ (in this subtitle referred to as the which the original appointment was made. (e) ADMINISTRATIVE SUPPORT SERVICES AND OTHER ASSISTANCE.— ‘‘Commission’’). SEC. 265. FUNCTIONS OF COMMISSION. (1) IN GENERAL.—Upon the request of the SEC. 263. PURPOSES. The functions of the Commission are to Commission, the Architect of the Capitol The purposes of the Commission are to— submit to Congress a report required by this and the Administrator of General Services (1) evaluate and report the effectiveness of title containing such findings, conclusions, shall provide to the Commission on a nonre- current congressional ethics requirements, if and recommendations as the Commission imbursable basis such administrative sup- penalties are enforced and sufficient, and shall determine, including proposing organi- port services as the Commission may re- make recommendations for new penalties; zation, coordination, planning, management quest. (2) weigh the need for improved ethical arrangements, procedures, rules and regula- (2) ADDITIONAL SUPPORT.—In addition to conduct with the need for lawmakers to have tions— the assistance set forth in paragraph (1), de- access to expertise on public policy issues; (1) related to section 263; or partments and agencies of the United States (3) determine whether the current system (2) related to any other areas the commis- may provide the Commission such services, for enforcing ethics rules and standards of sion unanimously votes to be relevant to its funds, facilities, staff, and other support conduct is sufficiently effective and trans- mandate to recommend reforms to strength- services as the Commission may deem advis- parent; en ethical safeguards in Congress. able and as may be authorized by law. (4) determine whether the statutory frame- SEC. 266. POWERS OF COMMISSION. (f) USE OF MAILS.—The Commission may work governing lobbying disclosure should (a) HEARINGS AND EVIDENCE.—The Commis- use the United States mails in the same be expanded to include additional means of sion or, on the authority of the Commission, manner and under the same conditions as attempting to influence Members of Con- any subcommittee or member thereof, may, Federal agencies and shall, for purposes of gress, senior staff, and high-ranking execu- for the purpose of carrying out this title hold the frank, be considered a commission of tive branch officials; such hearings and sit and act at such times Congress as described in section 3215 of title (5) analyze and evaluate the changes made and places, take such testimony, receive 39, United States Code. by this Act to determine whether additional such evidence, administer such oaths. (g) PRINTING.—For purposes of costs relat- changes need to be made to uphold and en- (b) OBTAINING INFORMATION.—Upon request ing to printing and binding, including the force standards of ethical conduct and dis- of the Commission, the head of any agency cost of personnel detailed from the Govern- closure requirements; and or instrumentality of the Federal Govern- ment Printing Office, the Commission shall (6) investigate and report to Congress on ment shall furnish information deemed nec- be deemed to be a committee of the Con- its findings, conclusions, and recommenda- essary by the panel to enable it to carry out gress. tions for reform. its duties. SEC. 268. SECURITY CLEARANCES FOR COMMIS- SEC. 264. COMPOSITION OF COMMISSION. (c) LIMIT ON COMMISSION AUTHORITY.—The SION MEMBERS AND STAFF. (a) MEMBERS.—The Commission shall be Commission shall not conduct any law en- The appropriate Federal agencies or de- composed of 10 members, of whom— forcement investigation, function as a court partments shall cooperate with the Commis- (1) the chair and vice chair shall be se- of law, or otherwise usurp the duties and re- sion in expeditiously providing to the Com- lected by agreement of the majority leader sponsibilities of the ethics committee of the mission members and staff appropriate secu- and minority leader of the House of Rep- House of Representatives or the Senate. rity clearances to the extent possible pursu- resentatives and the majority leader and mi- SEC. 267. ADMINISTRATION. ant to existing procedures and requirements, nority leader of the Senate; (a) COMPENSATION.—Except as provided in except that no person shall be provided with (2) 2 members shall be appointed by the subsection (b), members of the Commission access to classified information under this senior member of the Senate leadership of shall receive no additional pay, allowances, title without the appropriate security clear- the Republican Party, 1 of which is a former or benefits by reason of their service on the ances. member of the Senate; Commission. SEC. 269. COMMISSION REPORTS; TERMINATION. (3) 2 members shall be appointed by the (b) TRAVEL EXPENSES AND PER DIEM.—Each (a) ANNUAL REPORTS.—The Commission senior member of the Senate leadership of member of the Commission shall receive shall submit—

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S308 CONGRESSIONAL RECORD — SENATE January 9, 2007 (1) an initial report to Congress not later travel to a meeting, speaking engagement, principal and that the traveler will not be than July 1, 2007; and factfinding trip or similar event in connec- accompanied on any segment of the trip by a (2) annual reports to Congress after the re- tion with the duties of the Member, officer, registered lobbyist or agent of a foreign prin- port required by paragraph (1); or employee shall be deemed to be a reim- cipal, except as permitted by regulations containing such findings, conclusions, and bursement to the Senate under clause (1) if it issued under subparagraph (d), and specifi- recommendations for corrective measures as is, under regulations prescribed by the Select cally details the extent of any involvement have been agreed to by a majority of Com- Committee on Ethics to implement this of a registered lobbyist or agent of a foreign mission members. clause, provided only for attendance at or principal; and (b) ADMINISTRATIVE ACTIVITIES.—During participation for 1-day at an event (exclusive ‘‘(2) after the Select Committee on Ethics the 60-day period beginning on the date of of travel time and an overnight stay) de- has promulgated regulations mandated in submission of each annual report and the scribed in clause (1). Regulations to imple- subparagraph (h), obtain the prior approval final report under this section, the Commis- ment this clause, and the committee on a of the committee for such reimbursement.’’; sion shall— case-by-case basis, may permit a 2-night stay (8) by striking subparagraph (g), as redesig- when determined by the committee to be (1) be available to provide testimony to nated, and inserting the following: practically required to participate in the committees of Congress concerning such re- ‘‘(g) The Secretary of the Senate shall event.’’; ports; and make all advance authorizations, certifi- (3) in subparagraph (a)(3), as redesignated, (2) take action to appropriately dissemi- cations, and disclosures filed pursuant to by striking ‘‘clause (1)’’ and inserting nate such reports. this paragraph available for public inspec- ‘‘clauses (1) and (2)’’; (c) TERMINATION OF COMMISSION.— tion as soon as possible after they are re- (4) in subparagraph (b), by inserting before (1) FINAL REPORT.—Five years after the ceived.’’; and date of enactment of this Act, the Commis- ‘‘Each’’ the following: ‘‘Before an employee (9) by adding at the end the following: sion shall submit to Congress a final report may accept reimbursement pursuant to sub- ‘‘(h)(1) Not later than 45 days after the date containing information described in subparagraph (a), the employee shall receive ad- of adoption of this subparagraph and at an- section (a). vance authorization from the Member or of- nual intervals thereafter, the Select Com- ficer under whose direct supervision the em- (2) TERMINATION.—The Commission, and all mittee on Ethics shall develop and revise, as the authorities of this title, shall terminate ployee works to accept reimbursement.’’; necessary— 60 days after the date on which the final re- (5) in subparagraph (c)— ‘‘(A) guidelines on judging the reasonable- port is submitted under paragraph (1), and (A) by inserting before ‘‘Each’’ the fol- ness of an expense or expenditure for pur- the Commission may use such 60-day period lowing: ‘‘Each Member, officer, or employee poses of this clause, including the factors for the purpose of concluding its activities. that receives reimbursement under this that tend to establish— paragraph shall disclose the expenses reim- ‘‘(i) a connection between a trip and offi- SEC. 270. FUNDING. bursed or to be reimbursed and authorization cial duties; There are authorized such sums as nec- (for an employee) to the Secretary of the ‘‘(ii) the reasonableness of an amount essary to carry out this title. Senate not later than 30 days after the travel spent by a sponsor; is completed.’’; ‘‘(iii) a relationship between an event and SA 4. Mr. REID (for himself, Mr. DUR- (B) by striking ‘‘subparagraph (a)(1)’’ and an officially connected purpose; and BIN, Mr. SALAZAR, and Mr. OBAMA) pro- inserting ‘‘this subparagraph’’; ‘‘(iv) a direct and immediate relationship posed an amendment to amendment SA (C) in clause (5), by striking ‘‘and’’ after between a source of funding and an event; 3 proposed by Mr. REID (for himself, the semicolon; and Mr. MCCONNELL, Mrs. FEINSTEIN, Mr. (D) by redesignating clause (6) as clause ‘‘(B) regulations describing the informa- BENNETT, Mr. LIEBERMAN, Ms. COLLINS, (7); and tion it will require individuals subject to Mr. OBAMA, Mr. SALAZAR, and Mr. DUR- (E) by inserting after clause (5) the fol- this clause to submit to the committee in BIN) to the bill S. 1, to provide greater lowing: order to obtain the prior approval of the transparency in the legislative process; ‘‘(6) a description of meetings and events committee for any travel covered by this attended; and’’; clause, including any required certifications. as follows: (6) by redesignating subparagraphs (d) and ‘‘(2) In developing and revising guidelines Strike sections 108 and 109 and insert the (e) as subparagraphs (f) and (g), respectively; under clause (1)(A), the committee shall take following: (7) by adding after subparagraph (c) the fol- into account the maximum per diem rates SEC. 108. BAN ON GIFTS FROM LOBBYISTS AND lowing: for official Government travel published an- ENTITIES THAT HIRE LOBBYISTS. ‘‘(d) A Member, officer, or employee of the nually by the General Services Administra- Paragraph 1(a)(2) of rule XXXV of the Senate may not accept a reimbursement (in- tion, the Department of State, and the De- Standing Rules of the Senate is amended cluding payment in kind) for transportation, partment of Defense. by— lodging, or related expenses under subpara- ‘‘(3) For purposes of this subparagraph, (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and graph (a) for a trip that was planned, orga- travel on an aircraft operated or paid for by (2) adding at the end the following: nized, or arranged by or at the request of a a carrier not licenced by the Federal Avia- ‘‘(B) A Member, officer, or employee may registered lobbyist or agent of a foreign prin- tion Administration to operate for com- not knowingly accept a gift from a reg- cipal, or on which a lobbyist accompanies pensation shall not be considered a reason- istered lobbyist, an agent of a foreign prin- the Member, officer, or employee on any seg- able expense.’’. cipal, or a private entity that retains or em- ment of the trip. The Select Committee on (b) REIMBURSEMENT FOR NONCOMMERCIAL ploys a registered lobbyist or an agent of a Ethics shall issue regulations identifying de AIR TRAVEL.— foreign principal, except as provided in sub- minimis activities by lobbyists or foreign (1) CHARTER RATES.—Paragraph 1(c)(1) of paragraph (c).’’. agents that would not violate this subpara- rule XXXV of the Standing Rules of the Sen- SEC. 109. RESTRICTIONS ON LOBBYIST PARTICI- graph. ate is amended by adding at the end the fol- PATION IN TRAVEL AND DISCLO- ‘‘(e) A Member, officer, or employee shall, lowing: ‘‘Fair market value for a flight on an SURE. before accepting travel otherwise permis- aircraft operated or paid for by a carrier not (a) PROHIBITION.—Paragraph 2 of rule sible under this paragraph from any person— licensed by the Federal Aviation Adminis- XXXV is amended— ‘‘(1) provide to the Select Committee on tration to operate for compensation or hire, (1) in subparagraph (a)(1), by— Ethics a written certification from such per- excluding an aircraft owned or leased by a (A) adding after ‘‘foreign principal’’ the son that— governmental entity, shall be the pro rata following: ‘‘or a private entity that retains ‘‘(A) the trip will not be financed in any share of the fair market value of the normal or employs 1 or more registered lobbyists or part by a registered lobbyist or agent of a and usual charter fare or rental charge for a agents of a foreign principal’’; foreign principal; comparable plane of comparable size (as de- (B) striking the dash and inserting ‘‘com- ‘‘(B) the source either— termined by dividing such cost by the num- plies with the requirements of this para- ‘‘(i) does not retain or employ registered ber of members, officers, or employees of the graph.’’; and lobbyists or agents of a foreign principal and Congress on the flight).’’. (C) striking clauses (A) and (B); is not itself a registered lobbyist or agent of (2) UNOFFICIAL OFFICE ACCOUNTS.—Para- (2) by redesignating subparagraph (a)(2) as a foreign principal; or graph 1 of rule XXXVIII of the Standing subparagraph (a)(3) and adding after subpara- ‘‘(ii) certifies that the trip meets the re- Rules of the Senate is amended by adding at graph (a)(1) the following: quirements specified in rules prescribed by the end the following; ‘‘(2) Notwithstanding clause (1), a reim- the Select Committee on Ethics to imple- ‘‘(c) For purposes of reimbursement under bursement (including payment in kind) to a ment subparagraph (a)(2); this rule, fair market value of a flight on an Member, officer, or employee of the Senate ‘‘(C) the source will not accept from any aircraft operated or paid for by a carrier not from an individual other than a registered source funds earmarked directly or indi- licensed by the Federal Aviation Adminis- lobbyist or agent of a foreign principal that rectly for the purpose of financing the spe- tration to operate for compensation or hire, is a private entity that retains or employs cific trip; and shall be the pro rata share of the fair market one or more registered lobbyists or agents of ‘‘(D) the trip will not in any part be value of the normal and usual charter fare or a foreign principal for necessary transpor- planned, organized, requested, or arranged rental charge for a comparable plane of com- tation, lodging, and related expenses for by a registered lobbyist or agent of a foreign parable size (as determined by dividing such

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S309 cost by the number of members, officers, or ‘‘SEC. 325. PROHIBITION ON EMPLOYMENT OF Revenue Code of 1986) of the Member is em- employees of the Congress on the flight).’’. FAMILY MEMBERS OF A CANDIDATE ployed by the organization; (3) CANDIDATES.—Subparagraph (B) of sec- OR FEDERAL OFFICE HOLDER BY ‘‘(2) any of the Member’s staff is employed tion 301(8) of the Federal Election Campaign CERTAIN POLITICAL COMMITTEES. by the organization; Act of 1971 (42 U.S.C. 431(8)(B)) is amended ‘‘(a) IN GENERAL.—It shall be unlawful for ‘‘(3) an individual or firm that receives by— any authorized committee of a candidate or money from the Member’s campaign com- (A) in clause (xiii), striking ‘‘and’’ at the any other political committee established, mittee or a political committee established, end; maintained, or controlled by a candidate or maintained, or controlled by the Member (B) in clause (xiv), by striking the period a person who holds a Federal office to em- serves in a paid capacity with or receives a and inserting ‘‘; and’’; and ploy— payment from the organization; (C) by adding at the end the following : ‘‘(1) the spouse of such candidate or Fed- ‘‘(4) the organization pays for travel or ‘‘(xv) any travel expense for a flight on an eral office holder; or lodging costs incurred by the Member for a aircraft that is operated or paid for by a car- ‘‘(2) any immediate family member of such trip on which the Member also engages in po- rier not licensed by the Federal Aviation Ad- candidate or Federal office holder. litical fundraising activities; or ‘‘(b) IMMEDIATE FAMILY MEMBER.—For pur- ministration to operate for compensation or ‘‘(5) another organization that receives poses of subsection (a), the term ‘immediate hire, but only if the candidate, the can- support from such organization pays for family member’ means a son, daughter, step- didate’s authorized committee, or other po- travel or lodging costs incurred by the Mem- son, stepdaughter, son-in-law, daughter-in- litical committee pays to the owner, lessee, ber. law, mother, father, stepmother, stepfather, or other person who provides the airplane ‘‘(c)(1) A Member of the Senate and any mother-in-law, father-in-law, brother, sister, the pro rata share of the fair market value of employee on the staff of a Member to which stepbrother, or stepsister of the Member.’’. such flight (as determined by dividing the paragraph 9(c) applies shall disclose to the (b) EFFECTIVE DATE.—The amendment fair market value of the normal and usual Secretary of the Senate the identity of any made by this section shall take effect on the charter fare or rental charge for a com- person who makes an applicable contribution date of the enactment of this Act. parable plane of appropriate size by the num- and the amount of any such contribution. ‘‘(2) For purposes of this subparagraph, an ber of candidates on the flight) by not later SA 7. Mr. VITTER proposed an than 7 days after the date on which the flight applicable contribution is a contribution— is taken.’’. amendment to amendment SA 3 pro- ‘‘(A) which is to an organization described posed by Mr. REID (for himself, Mr. in subparagraph (a); (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 60 days MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- ‘‘(B) which is over $200; and after the date of enactment of this Act. NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. ‘‘(C) of which such Member or employee, as OBAMA, Mr. SALAZAR, and Mr. DURBIN) the case may be, knows. ‘‘(3) The disclosure under this subpara- SA 5. Mr. VITTER (for himself and to the bill S. 1, to provide greater graph shall be made not later than 6 months Mr. GRASSLEY) proposed an amendment transparency in the legislative process; after the date on which such Member or em- to amendment SA 3 proposed by Mr. as follows: ployee first knows of the applicable con- REID (for himself, Mr. MCCONNELL, Mrs. At the appropriate place, insert the fol- tribution. ‘‘(4) The Secretary of the Senate shall FEINSTEIN, Mr. BENNETT, Mr. LIEBER- lowing: make available to the public all disclosures MAN, Ms. COLLINS, Mr. OBAMA, Mr. SEC. ll. KNOWING AND WILLFUL FALSIFICA- TION OR FAILURE TO REPORT. filed pursuant to this subparagraph as soon SALAZAR, and Mr. DURBIN) to the bill S. Section 104(a) of the Ethics in Government as possible after they are received. 1, to provide greater transparency in Act of 1978 (5 U.S.C. App.) is amended— ‘‘(d)(1) The Select Committee on Ethics the legislative process; as follows: (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; may grant a waiver to any Member with respect to the application of this paragraph in At the appropriate place, insert the fol- (2) in paragraph (1), as so designated, by the case of an organization which is de- lowing: striking ‘‘$10,000’’ and inserting ‘‘$50,000’’; and scribed in subparagraph (a)(1) and the affairs SEC. lll. APPLICATION OF FECA TO INDIAN over which the spouse of the Member, but TRIBES. (3) by adding at the end the following: ‘‘(2)(A) It shall be unlawful for any person not the Member, is in a position to exercise (a) CONTRIBUTIONS AND EXPENDITURES BY to knowingly and willfully falsify, or to substantial influence. CORPORATIONS.—Section 316 of the Federal knowingly and willingly fails to file or re- ‘‘(2) In granting a waiver under this sub- Election Campaign Act of 1971 (2 U.S.C. 441b) port, any information that such person is re- paragraph, the Select Committee on Ethics is amended by adding at the end the fol- quired to report under section 102. shall consider all the facts and cir- lowing: ‘‘(B) Any person who violates subparagraph cumstances relating to the relationship be- ‘‘(d) TREATMENT OF INDIAN TRIBES AS COR- (A) shall be fined under title 18, United tween the Member and the organization, in- PORATIONS.— States Code, imprisoned for not more than 1 cluding— ‘‘(1) IN GENERAL.—In this section, the term year, or both.’’. ‘‘(A) the independence of the Member from ‘corporation’ includes an unincorporated In- the organization; dian tribe. SA 8. Mr. BAUCUS submitted an ‘‘(B) the degree to which the organization ‘‘(2) TREATMENT OF MEMBERS AS STOCK- amendment intended to be proposed by receives contributions from multiple sources HOLDERS.—In applying this subsection, a him to the bill S. 1, to provide greater not affiliated with the Member; member of an unincorporated Indian tribe ‘‘(C) the risk of abuse; and shall be treated in the same manner as a transparency in the legislative process; ‘‘(D) whether the organization was formed stockholder of a corporation.’’. which was ordered to lie on the table; prior to and separately from such spouse’s (b) EFFECTIVE DATE.—The amendment as follows: involvement with the organization.’’. made by subsection (a) shall apply with re- At the appropriate place, insert the fol- (b) EFFECTIVE DATE.—The amendment spect to any election that occurs after De- lowing: made by this section shall take effect on cember 31, 2007. SEC. ll. PROHIBITION ON USING CHARITIES January 1, 2008. FOR PERSONAL OR POLITICAL GAIN. f (a) IN GENERAL.—Rule XXXVII of the SA 6. Mr. VITTER proposed an AUTHORITY FOR COMMITTEES TO amendment to amendment SA 3 pro- Standing Rules of the Senate, as amended by this Act, is amended by adding at the end MEET posed by Mr. REID (for himself, Mr. the following: COMMITTEE ON FOREIGN RELATIONS MCCONNELL, Mrs. FEINSTEIN, Mr. BEN- ‘‘15. (a) A Member of the Senate shall not Mr. REID. Mr. President, I ask unan- NETT, Mr. LIEBERMAN, Ms. COLLINS, Mr. use for personal or political gain any organi- imous consent that the Committee on OBAMA, Mr. SALAZAR, and Mr. DURBIN) zation— Foreign Relations be authorized to to the bill S. 1, to provide greater ‘‘(1) which is described in section 501(c)(3) meet during the session of the Senate transparency in the legislative process; of the Internal Revenue Code of 1986 and ex- on Tuesday, January 9, 2007, at 2:30 as follows: empt from tax under section 501(a) of such Code; and p.m. to hold a closed briefing on Iraq. At the appropriate place, insert the fol- ‘‘(2) the affairs over which such Member or The PRESIDING OFFICER. Without lowing: the spouse of such Member is in a position to objection, it is so ordered. SEC. lll. PROHIBITION ON EMPLOYMENT OF exercise substantial influence. COMMITTEE ON HOMELAND SECURITY AND FAMILY MEMBERS OF A CANDIDATE ‘‘(b) For purposes of this paragraph, a GOVERNMENTAL AFFAIRS OR FEDERAL OFFICE HOLDER BY Member of the Senate shall be considered to Mr. REID. Mr. President, I ask unan- CERTAIN POLITICAL COMMITTEES. have used an organization described in sub- (a) IN GENERAL.—Title III of the Federal paragraph (a) for personal or political gain imous consent that the Committee on Election Campaign Act of 1971 (2 U.S.C. 431 if— Homeland Security and Governmental et seq.) is amended by inserting after section ‘‘(1) a member of the family (within the Affairs be authorized to meet on Tues- 324 the following new section: meaning of section 4946(d) of the Internal day, January 9, 2007, at 9:30 a.m. for a

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S310 CONGRESSIONAL RECORD — SENATE January 9, 2007 hearing titled ‘‘Ensuring Full Imple- ORDERS FOR WEDNESDAY, THE JUDICIARY mentation of the 9/11 Commission’s JANUARY 10, 2007 ANTHONY C. EPSTEIN, OF THE DISTRICT OF COLUMBIA, Recommendations.’’ TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT Mr. REID. Mr. President, I ask unan- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- The PRESIDING OFFICER. Without imous consent that when the Senate TEEN YEARS, VICE SUSAN REBECCA HOLMES, RETIRED. objection, it is so ordered. LESLIE SOUTHWICK, OF MISSISSIPPI, TO BE UNITED completes its business today, it stand STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE f CHARLES W. PICKERING, SR., RETIRED. adjourned until 9:30 a.m. tomorrow JOSEPH S. VAN BOKKELEN, OF INDIANA, TO BE UNITED ORDER FOR PRINTING OF TRIB- morning, January 10, Wednesday; that STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF INDIANA, VICE RUDY LOZANO, RETIRING. UTES TO THE LATE PRESIDENT following the prayer and the pledge, JOHN PRESTON BAILEY, OF WEST VIRGINIA, TO BE GERALD FORD the Journal of the proceedings be ap- UNITED STATES DISTRICT JUDGE FOR THE NORTHERN proved to date, the morning hour be DISTRICT OF WEST VIRGINIA, VICE FREDERICK P. Mr. REID. Mr. President, I ask unan- STAMP, JR., RETIRED. deemed to have expired, the time for VALERIE L. BAKER, OF CALIFORNIA, TO BE UNITED imous consent that tributes to the late STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT the two leaders be reserved for their President Gerald Ford be printed as a OF CALIFORNIA, VICE CONSUELO B. MARSHALL, RE- use later in the day, and there be a pe- TIRED. Senate document and that Senators VANESSA LYNNE BRYANT, OF CONNECTICUT, TO BE riod for morning business for an hour, have until Thursday, February 15, of UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF with Senators permitted to speak CONNECTICUT, VICE DOMINIC J. SQUATRITO, RETIRED. this year to submit tributes to the late CAROL A. DALTON, OF THE DISTRICT OF COLUMBIA, TO therein, with the first half hour con- President. BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF trolled by the majority and the second THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN The PRESIDING OFFICER. Without YEARS, VICE A. NOEL ANKETELL KRAMER, ELEVATED. half hour controlled by the minority, THOMAS M. HARDIMAN, OF PENNSYLVANIA, TO BE objection, it is so ordered. and that at the conclusion of morning UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- f CUIT, VICE RICHARD L. NYGAARD, RETIRED. business the Senate resume S. 1. HEIDI M. PASICHOW, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT EXECUTIVE NOMINATIONS The PRESIDING OFFICER. Without OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- objection, it is so ordered. TEEN YEARS, VICE ANNA BLACKBURNE-RIGSBY, ELE- Mr. REID. Mr. President, as in execu- VATED. tive session, I ask unanimous consent f PETER D. KEISLER, OF MARYLAND, TO BE UNITED STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- that the nominations to the Office of PROGRAM BIA CIRCUIT, VICE JOHN G. ROBERTS, JR., ELEVATED. Inspector General, except the Office of DEBRA ANN LIVINGSTON, OF NEW YORK, TO BE UNITED Mr. REID. Mr. President, today I of- STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE Inspector General of the Central Intel- JOHN M. WALKER, JR., RETIRED. ligence Agency, be referred in each fered the bipartisan substitute amend- NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED ment. Four amendments are pending as STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE case to the committee having the pri- STEPHEN S. TROTT, RETIRED. mary jurisdiction over the department, well. Today, I alerted Members to ex- MARY O. DONOHUE, OF NEW YORK, TO BE UNITED pect votes tomorrow. Also, I remind STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT agency or entity, and if and when re- OF NEW YORK, VICE FREDERICK J. SCULLIN, JR., RE- ported in each case, then to the Com- Members that all Members of the 110th TIRED. Congress have been invited to the Su- THOMAS ALVIN FARR, OF NORTH CAROLINA, TO BE mittee on Homeland Security and Gov- UNITED STATES DISTRICT JUDGE FOR THE EASTERN ernmental Affairs for not to exceed 20 preme Court tomorrow. There is a din- DISTRICT OF NORTH CAROLINA, VICE MALCOLM J. HOW- ner. There is no cocktail hour and no ARD, RETIRED. calendar days, except in cases when the NORA BARRY FISCHER, OF PENNSYLVANIA, TO BE 20-day period expires while the Senate reception. The dinner will begin UNITED STATES DISTRICT JUDGE FOR THE WESTERN promptly at 6:30 tomorrow evening. I DISTRICT OF PENNSYLVANIA, VICE ROBERT J. CINDRICH, is in recess, the committee shall have RESIGNED. an additional 5 calendar days after the have been to these events over the GREGORY KENT FRIZZELL, OF OKLAHOMA, TO BE years, and they are really good. We UNITED STATES DISTRICT JUDGE FOR THE NORTHERN Senate reconvenes to report the nomi- DISTRICT OF OKLAHOMA, VICE SVEN E. HOLMES, RE- nation and that if the nomination is have to reach out to our separate but SIGNED. equal branch of Government called the PHILIP S. GUTIERREZ, OF CALIFORNIA, TO BE UNITED not reported after the expiration of STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT that period, the nomination be auto- judicial branch. I find all nine of those OF CALIFORNIA, VICE TERRY J. HATTER, JR., RETIRED. Justices to be the most interesting MARCIA MORALES HOWARD, OF FLORIDA, TO BE matically discharged and placed on the UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- executive calendar. people. They have such a tremendous TRICT OF FLORIDA, VICE HARVEY E. SCHLESINGER, RE- responsibility. I think it will be good TIRED. The PRESIDING OFFICER. Without JOHN ALFRED JARVEY, OF IOWA, TO BE UNITED objection, it is so ordered. conversation, with a limited speech or STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT two. I hope freshman Senators can find OF IOWA, VICE RONALD E. LONGSTAFF, RETIRED. f FREDERICK J. KAPALA, OF ILLINOIS, TO BE UNITED it in their schedules to come. It is also STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT TODAY IN THE SENATE for the spouses. OF ILLINOIS, VICE PHILIP G. REINHARD, RETIRING. SARA ELIZABETH LIOI, OF OHIO, TO BE UNITED STATES Mr. REID. Mr. President, we have f DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO, had a good day today, a lot of work has VICE LESLEY BROOKS WELLS, RETIRED. DISCHARGE AND REFERRAL ROSLYNN RENEE MAUSKOPF, OF NEW YORK, TO BE been done. I commend the distin- UNITED STATES DISTRICT JUDGE FOR THE EASTERN guished Senator, who is still on the Mr. REID. Mr. President, I ask unan- DISTRICT OF NEW YORK, VICE DAVID G. TRAGER, RE- TIRED. floor, for being such a good manager. imous consent that S. 198, the Nunn- LIAM O’GRADY, OF VIRGINIA, TO BE UNITED STATES Her assignment as chairman of the Lugar Cooperative Threat Reduction DISTRICT JUDGE FOR THE EASTERN DISTRICT OF VIR- GINIA, VICE CLAUDE M. HILTON, RETIRED. Rules Committee comes at a very op- Act of 2007, be discharged from the For- LAWRENCE JOSEPH O’NEILL, OF CALIFORNIA, TO BE portune time for us and a burdensome eign Relations Committee and then re- UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, VICE OLIVER W. WANGER, RE- time for her. There is so much the ferred to the Armed Services Com- TIRED. Rules Committee is going to be re- mittee. WILLIAM LINDSAY OSTEEN, JR., OF NORTH CAROLINA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MID- quired to do in the next 2 years, not the The PRESIDING OFFICER. Without DLE DISTRICT OF NORTH CAROLINA, VICE WILLIAM L. least of which is some matters that objection, it is so ordered. OSTEEN, SR., RETIRED. HALIL SULEYMAN OZERDEN, OF MISSISSIPPI, TO BE will be spun off from this bill, includ- f UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN ing campaign finance reform, which I DISTRICT OF MISSISSIPPI, VICE DAVID C. BRAMLETTE, ADJOURNMENT UNTIL 9:30 A.M. RETIRED. have spoken with Senator MCCONNELL MARTIN KARL REIDINGER, OF NORTH CAROLINA, TO BE about. I think he agrees that all mat- TOMORROW UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NORTH CAROLINA, VICE GRAHAM C. ters relating to campaign finance re- Mr. REID. Mr. President, if there is MULLEN, RETIRED. form should be referred to the Rules nothing further to come before the JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL Committee and other committees that Senate, I ask unanimous consent that DISTRICT OF CALIFORNIA, VICE NORA M. MANELLA, RE- feel they have any jurisdiction. But the the Senate stand adjourned under the SIGNED. THOMAS D. SCHROEDER, OF NORTH CAROLINA, TO BE principal responsibility will be with previous order. UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- Rules. We have to have extensive hear- There being no objection, the Senate, TRICT OF NORTH CAROLINA, VICE FRANK W. BULLOCK, JR., RETIRED. ings on campaign finance reform, deal- at 7:32 p.m., adjourned until Wednes- BENJAMIN HALE SETTLE, OF WASHINGTON, TO BE ing with a broad range of issues—foun- day, January 10, 2007, at 9:30 a.m. UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON, VICE FRANKLIN D. BURGESS, dations, 527s, and all kinds of other f RETIRED. things. LISA GODBEY WOOD, OF GEORGIA, TO BE UNITED NOMINATIONS STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT It has been a good day. I applaud the OF GEORGIA, VICE DUDLEY H. BOWEN, JR., RETIRED. Senator from California, Senator FEIN- Executive nominations received by OTIS D. WRIGHT II, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT STEIN, for her work. the Senate January 9, 2007: OF CALIFORNIA, VICE GARY L. TAYLOR, RETIRED.

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GEORGE H. WU, OF CALIFORNIA, TO BE UNITED STATES FEDERAL INSURANCE TRUST FUNDS ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF FORNIA, VICE RONALD S. W. LEW, RETIRED. JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- ARMENIA. UNITED STATES SENTENCING COMMISSION MENTARY MEDICAL INSURANCE TRUST FUND FOR A BROADCASTING BOARD OF GOVERNORS DABNEY LANGHORNE FRIEDRICH, OF VIRGINIA, TO BE TERM OF FOUR YEARS. (REAPPOINTMENT) A MEMBER OF THE UNITED STATES SENTENCING COM- JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF D. JEFFREY HIRSCHBERG, OF WISCONSIN, TO BE A MISSION FOR THE REMAINDER OF THE TERM EXPIRING THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL MEMBER OF THE BROADCASTING BOARD OF GOVERNORS OCTOBER 31, 2009, VICE MICHAEL O’NEILL, TO WHICH POSI- INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. FOR A TERM EXPIRING AUGUST 13, 2007. (REAPPOINT- TION SHE WAS APPOINTED DURING THE LAST RECESS OF (REAPPOINTMENT) MENT) THE SENATE. UNITED STATES INTERNATIONAL TRADE DEPARTMENT OF STATE BERYL A. HOWELL, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE UNITED STATES SENTENCING COMMISSION C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO COMMISSION FOR A TERM EXPIRING OCTOBER 31, 2011 IRVING A. WILLIAMSON, OF NEW YORK, TO BE A MEM- BE REPRESENTATIVE OF THE UNITED STATES OF AMER- (REAPPOINTMENT), TO WHICH POSITION SHE WAS AP- BER OF THE UNITED STATES INTERNATIONAL TRADE ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- POINTED DURING THE LAST RECESS OF THE SENATE. COMMISSION FOR THE TERM EXPIRING JUNE 16, 2014, TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY. JOHN R. STEER, OF VIRGINIA, TO BE A MEMBER OF THE VICE STEPHEN KOPLAN, TERM EXPIRED. UNITED STATES SENTENCING COMMISSION FOR A TERM SAM FOX, OF MISSOURI, TO BE AMBASSADOR EX- EXPIRING OCTOBER 31, 2011 (REAPPOINTMENT), TO WHICH DEPARTMENT OF THE TREASURY TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED POSITION HE WAS APPOINTED DURING THE LAST RE- STATES OF AMERICA TO BELGIUM. CESS OF THE SENATE. CATHERINE G. WEST, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE INTERNAL REVENUE SERVICE ASIAN DEVELOPMENT BANK EXECUTIVE OFFICE OF THE PRESIDENT OVERSIGHT BOARD FOR A TERM EXPIRING SEPTEMBER CURTIS S. CHIN, OF NEW YORK, TO BE UNITED STATES 14, 2008, VICE KAREN HASTIE WILLIAMS, TERM EXPIRED. JAMES F. X. O’GARA, OF PENNSYLVANIA, TO BE DEP- DIRECTOR OF THE ASIAN DEVELOPMENT BANK, WITH UTY DIRECTOR FOR SUPPLY REDUCTION, OFFICE OF NA- FEDERAL INSURANCE TRUST FUNDS THE RANK OF AMBASSADOR, VICE PAUL WILLIAM TIONAL DRUG CONTROL POLICY, VICE BARRY D. CRANE. SPELTZ. JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF UNITED STATES AGENCY FOR INTERNATIONAL DEPARTMENT OF JUSTICE THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FED- DEVELOPMENT WILLIAM W. MERCER, OF MONTANA, TO BE ASSOCIATE ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM KATHERINE ALMQUIST, OF VIRGINIA, TO BE AN AS- ATTORNEY GENERAL, VICE ROBERT D. MCCALLUM, JR. OF FOUR YEARS. (REAPPOINTMENT) STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- SISTANT ADMINISTRATOR OF THE UNITED STATES SISTANT ATTORNEY GENERAL, VICE JACK LANDMAN UNITED STATES INTERNATIONAL TRADE AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE GOLDSMITH III, RESIGNED. COMMISSION LLOYD O. PIERSON, RESIGNED. UNITED STATES INSTITUTE OF PEACE NATIONAL SECURITY EDUCATION BOARD DEAN A. PINKERT, OF VIRGINIA, TO BE A MEMBER OF ANDREW J. MCKENNA, JR., OF ILLINOIS, TO BE A MEM- THE UNITED STATES INTERNATIONAL TRADE COMMIS- RON SILVER, OF NEW YORK, TO BE A MEMBER OF THE BER OF THE NATIONAL SECURITY EDUCATION BOARD SION FOR THE TERM EXPIRING DECEMBER 16, 2015, VICE BOARD OF DIRECTORS OF THE UNITED STATES INSTI- FOR A TERM OF FOUR YEARS, VICE ROBERT N. JENNIFER ANNE HILLMAN, TERM EXPIRED. TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009, VICE STEPHEN D. KRASNER, TERM EXPIRED. SHAMANSKY, TERM EXPIRED. FEDERAL INSURANCE TRUST FUNDS DEPARTMENT OF LABOR DEPARTMENT OF DEFENSE THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF MICHAEL J. BURNS, OF NEW MEXICO, TO BE ASSISTANT THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- LEON R. SEQUEIRA, OF VIRGINIA, TO BE AN ASSISTANT TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND MENTARY MEDICAL INSURANCE TRUST FUND FOR A SECRETARY OF LABOR, VICE VERONICA VARGAS CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS, VICE TERM OF FOUR YEARS. (REAPPOINTMENT) STIDVENT. DALE KLEIN, RESIGNED. THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL SECRETARY OF THE AIR FORCE, VICE MICHAEL L. INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. DAVID PALMER, OF MARYLAND, TO BE A MEMBER OF DOMINGUEZ. (REAPPOINTMENT) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF FOR A TERM EXPIRING JULY 1, 2011, VICE CARI M. EXPORT-IMPORT BANK OF THE UNITED STATES THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE DOMINGUEZ, TERM EXPIRED. AND SURVIVORS INSURANCE TRUST FUND AND THE FED- MICHAEL W. TANKERSLEY, OF TEXAS, TO BE INSPEC- ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM NATIONAL LABOR RELATIONS BOARD TOR GENERAL, EXPORT-IMPORT BANK. (NEW POSITION) OF FOUR YEARS. (REAPPOINTMENT) DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF DEPARTMENT OF HOUSING AND URBAN DEPARTMENT OF HEALTH AND HUMAN SERVICES THE NATIONAL LABOR RELATIONS BOARD FOR THE DEVELOPMENT TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2009. (RE- DANIEL MERON, OF MARYLAND, TO BE GENERAL COUN- APPOINTMENT) SCOTT A. KELLER, OF FLORIDA, TO BE AN ASSISTANT SEL OF THE DEPARTMENT OF HEALTH AND HUMAN SECRETARY OF HOUSING AND URBAN DEVELOPMENT, SERVICES, VICE ALEX AZAR II. UNITED STATES INSTITUTE OF PEACE VICE STEVEN B. NESMITH, RESIGNED. DEPARTMENT OF THE TREASURY JUDY VAN REST, OF VIRGINIA, TO BE A MEMBER OF AMTRAK THE BOARD OF DIRECTORS OF THE UNITED STATES IN- PETER E. CIANCHETTE, OF MAINE, TO BE A MEMBER OF STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, ENRIQUE J. SOSA, OF FLORIDA, TO BE A MEMBER OF THE INTERNAL REVENUE SERVICE OVERSIGHT BOARD 2009, VICE DANIEL PIPES. THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE FOR A TERM EXPIRING SEPTEMBER 14, 2010, VICE NANCY DEPARTMENT OF LABOR YEARS, VICE LINWOOD HOLTON, TERM EXPIRED. KILLEFER, TERM EXPIRED. METROPOLITAN WASHINGTON AIRPORTS SOCIAL SECURITY ADMINISTRATION RICHARD STICKLER, OF WEST VIRGINIA, TO BE ASSIST- ANT SECRETARY OF LABOR FOR MINE SAFETY AND AUTHORITY ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COM- HEALTH, VICE DAVID D. LAURISKI, RESIGNED. CHARLES DARWIN SNELLING, OF PENNSYLVANIA, TO MISSIONER OF SOCIAL SECURITY FOR THE TERM EXPIR- NATIONAL INSTITUTE FOR LITERACY BE A MEMBER OF THE BOARD OF DIRECTORS OF THE ING JANUARY 19, 2013, VICE JAMES B. LOCKHART III. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY MICHAEL J. ASTRUE, OF MASSACHUSETTS, TO BE COM- PATRICIA MATHES, OF TEXAS, TO BE A MEMBER OF FOR A TERM EXPIRING MAY 30, 2012. (REAPPOINTMENT) MISSIONER OF SOCIAL SECURITY FOR A TERM EXPIRING THE NATIONAL INSTITUTE FOR LITERACY ADVISORY JANUARY 19, 2013, VICE JO ANNE BARNHART. BOARD FOR A TERM EXPIRING NOVEMBER 25, 2007, VICE DEPARTMENT OF COMMERCE MARK G. YUDOF, RESIGNED. DEPARTMENT OF STATE JANE C. LUXTON, OF VIRGINIA, TO BE ASSISTANT SEC- NATIONAL LABOR RELATIONS BOARD RETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE, ELLEN R. SAUERBREY, OF MARYLAND, TO BE AN AS- PETER N. KIRSANOW, OF OHIO, TO BE A MEMBER OF VICE JAMES R. MAHONEY. SISTANT SECRETARY OF STATE (POPULATION, REFU- GEES, AND MIGRATION), VICE ARTHUR E. DEWEY, RE- THE NATIONAL LABOR RELATIONS BOARD FOR THE REFORM BOARD (AMTRAK) SIGNED. TERM OF FIVE YEARS EXPIRING AUGUST 27, 2008, VICE STANLEY DAVIS PHILLIPS, OF NORTH CAROLINA, TO BE RONALD E. MEISBURG. FLOYD HALL, OF NEW JERSEY, TO BE A MEMBER OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY FEDERAL MINE SAFETY AND HEALTH REVIEW THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE OF THE UNITED STATES OF AMERICA TO THE REPUBLIC YEARS, VICE AMY M. ROSEN, TERM EXPIRED. OF ESTONIA. COMMISSION CORPORATION FOR PUBLIC BROADCASTING INTER-AMERICAN FOUNDATION ARLENE HOLEN, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE FEDERAL MINE SAFETY AND HEALTH WARREN BELL, OF CALIFORNIA, TO BE A MEMBER OF HECTOR E. MORALES, OF TEXAS, TO BE A MEMBER OF REVIEW COMMISSION FOR A TERM OF SIX YEARS EXPIR- THE BOARD OF DIRECTORS OF THE CORPORATION FOR THE BOARD OF DIRECTORS OF THE INTER-AMERICAN ING AUGUST 30, 2010, VICE ROBERT H. BEATTY, JR., TERM PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2010, EXPIRED. ARY 31, 2012, VICE KENNETH Y. TOMLINSON, RESIGNED, VICE JOSE A. FOURQUET, RESIGNED. TO WHICH POSITION HE WAS APPOINTED DURING THE CORPORATION FOR NATIONAL AND COMMUNITY LAST RECESS OF THE SENATE. BROADCASTING BOARD OF GOVERNORS SERVICE DEPARTMENT OF ENERGY MARK MCKINNON, OF TEXAS, TO BE A MEMBER OF THE RICHARD ALLAN HILL, OF MONTANA, TO BE A MEMBER BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- OF THE BOARD OF DIRECTORS OF THE CORPORATION KEVIN M. KOLEVAR, OF MICHIGAN, TO BE AN ASSIST- PIRING AUGUST 13, 2009, VICE FAYZA VERONIQUE BOULAD ANT SECRETARY OF ENERGY (ELECTRICITY DELIVERY FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM RODMAN, TO WHICH POSITION HE WAS APPOINTED DUR- EXPIRING JUNE 10, 2009, VICE JUANITA SIMS DOTY, TERM AND ENERGY RELIABILITY), VICE JOHN S. SHAW, RE- ING THE LAST RECESS OF THE SENATE. SIGNED. EXPIRED. INTERNATIONAL MONETARY FUND DEPARTMENT OF THE INTERIOR FEDERAL MINE SAFETY AND HEALTH REVIEW MARGRETHE LUNDSAGER, OF VIRGINIA, TO BE UNITED COMMISSION JOHN RAY CORRELL, OF INDIANA, TO BE DIRECTOR OF STATES EXECUTIVE DIRECTOR OF THE INTERNATIONAL MICHAEL F. DUFFY, OF THE DISTRICT OF COLUMBIA, THE OFFICE OF SURFACE MINING RECLAMATION AND MONETARY FUND FOR A TERM OF TWO YEARS, VICE TO BE A MEMBER OF THE FEDERAL MINE SAFETY AND ENFORCEMENT, VICE JEFFREY D. JARRETT. NANCY P. JACKLIN, TERM EXPIRED. HEALTH REVIEW COMMISSION FOR A TERM OF SIX ENVIRONMENTAL PROTECTION AGENCY UNITED STATES AGENCY FOR INTERNATIONAL YEARS EXPIRING AUGUST 30, 2012. (REAPPOINTMENT) WILLIAM LUDWIG WEHRUM, JR., OF TENNESSEE, TO BE DEVELOPMENT DEPARTMENT OF LABOR AN ASSISTANT ADMINISTRATOR OF THE ENVIRON- MENTAL PROTECTION AGENCY, VICE JEFFREY R. JAMES R. KUNDER, OF VIRGINIA, TO BE DEPUTY AD- PAUL DECAMP, OF VIRGINIA, TO BE ADMINISTRATOR HOLMSTEAD, RESIGNED. MINISTRATOR OF THE UNITED STATES AGENCY FOR OF THE WAGE AND HOUR DIVISION, DEPARTMENT OF ROGER ROMULUS MARTELLA, JR., OF VIRGINIA, TO BE INTERNATIONAL DEVELOPMENT, VICE FREDERICK W. LABOR, VICE TAMMY DEE MCCUTCHEN, RESIGNED. SCHIECK. ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL UNITED STATES POSTAL SERVICE PROTECTION AGENCY, VICE ANN R. KLEE, RESIGNED. DEPARTMENT OF STATE ALEX A. BEEHLER, OF MARYLAND, TO BE INSPECTOR ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOV- GENERAL, ENVIRONMENTAL PROTECTION AGENCY, VICE RICHARD E. HOAGLAND, OF THE DISTRICT OF COLUM- ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A NIKKI RUSH TINSLEY, RESIGNED. BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- TERM EXPIRING DECEMBER 8, 2016. (REAPPOINTMENT)

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DEPARTMENT OF HOMELAND SECURITY FEDERAL ELECTION COMMISSION NENT COMMISSIONED TEACHING STAFF OF THE COAST GUARD ACADEMY IN THE GRADE INDICATED UNDER SEC- JULIE L. MYERS, OF KANSAS, TO BE ASSISTANT SEC- STEVEN T. WALTHER, OF NEVADA, TO BE A MEMBER OF TION 188, TITLE 14, U.S. CODE: RETARY OF HOMELAND SECURITY, VICE MICHAEL J. THE FEDERAL ELECTION COMMISSION FOR A TERM EX- GARCIA. PIRING APRIL 30, 2009, VICE SCOTT E. THOMAS, TERM EX- To be lieutenant PIRED. EXECUTIVE OFFICE OF THE PRESIDENT HANS VON SPAKOVSKY, OF GEORGIA, TO BE A MEMBER THOMAS W. DENUCCI, 0000 SUSAN E. DUDLEY, OF VIRGINIA, TO BE ADMINIS- OF THE FEDERAL ELECTION COMMISSION FOR A TERM EXPIRING APRIL 30, 2011, VICE BRADLEY A. SMITH, RE- TRATOR OF THE OFFICE OF INFORMATION AND REGU- SIGNED. IN THE ARMY LATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDG- DAVID M. MASON, OF VIRGINIA, TO BE A MEMBER OF ET, VICE JOHN D. GRAHAM, RESIGNED. THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FEDERAL ELECTION COMMISSION FOR A TERM EX- UNITED STATES OFFICERS FOR APPOINTMENT IN THE PIRING APRIL 30, 2009. (REAPPOINTMENT) DEPARTMENT OF HOMELAND SECURITY RESERVE OF THE ARMY TO THE GRADE INDICATED ROBERT D. LENHARD, OF MARYLAND, TO BE A MEMBER UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY B. CADE, OF VIRGINIA, TO BE ADMINIS- OF THE FEDERAL ELECTION COMMISSION FOR A TERM TRATOR OF THE UNITED STATES FIRE ADMINISTRATION, EXPIRING APRIL 30, 2011, VICE DANNY LEE MCDONALD, DEPARTMENT OF HOMELAND SECURITY, VICE R. DAVID TERM EXPIRED. To be brigadier general PAULISON, RESIGNED. ELECTION ASSISTANCE COMMISSION COL. LARRY L. ARNETT, 0000 FEDERAL LABOR RELATIONS AUTHORITY COL. OTIS P. MORRIS, 0000 CAROLINE C. HUNTER, OF FLORIDA, TO BE A MEMBER COL. GILBERTO S. PENA, 0000 WAYNE CARTWRIGHT BEYER, OF NEW HAMPSHIRE, TO OF THE ELECTION ASSISTANCE COMMISSION FOR A BE A MEMBER OF THE FEDERAL LABOR RELATIONS AU- TERM EXPIRING DECEMBER 12, 2009, VICE PAUL S. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THORITY FOR A TERM OF FIVE YEARS EXPIRING JULY 1, DEGREGORIO, TERM EXPIRED. IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2010, VICE OTHONIEL ARMENDARIZ, TO WHICH POSITION DEPARTMENT OF THE INTERIOR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND HE WAS APPOINTED DURING THE LAST RECESS OF THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SENATE. CARL JOSEPH ARTMAN, OF COLORADO, TO BE AN AS- CENTRAL INTELLIGENCE SISTANT SECRETARY OF THE INTERIOR, VICE DAVID To be lieutenant general WAYNE ANDERSON. LT. GEN. H. STEVEN BLUM, 0000 JOHN A. RIZZO, OF THE DISTRICT OF COLUMBIA, TO BE DEPARTMENT OF VETERANS AFFAIRS GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE THE FOLLOWING ARMY NATIONAL GUARD OF THE AGENCY, VICE SCOTT W. MULLER, RESIGNED. THOMAS E. HARVEY, OF NEW YORK, TO BE AN ASSIST- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ANT SECRETARY OF VETERANS AFFAIRS (CONGRES- ELECTION ASSISTANCE COMMISSION SERVE OF THE ARMY TO THE GRADE INDICATED UNDER SIONAL AFFAIRS), VICE PAMELA M. IOVINO, RESIGNED. TITLE 10, U.S.C., SECTION 12203: ROSEMARY E. RODRIGUEZ, OF COLORADO, TO BE A IN THE COAST GUARD MEMBER OF THE ELECTION ASSISTANCE COMMISSION To be brigadier general FOR THE REMAINDER OF THE TERM EXPIRING DECEM- THE FOLLOWING NAMED OFFICER OF THE UNITED BER 12, 2007, VICE RAYMUNDO MARTINEZ, III, RESIGNED. STATES COAST GUARD TO BE A MEMBER OF THE PERMA- COL. BRADLY S. MACNEALY, 0000

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