December 18, 2007 CONGRESSIONAL RECORD — SENATE S15843 the amounts determined for each shortfall (I) by inserting ‘‘or for a period in fiscal Mr. CRAIG. Mr. President, the Sen- State under subparagraph (A). year 2008 described in clause (i)’’ after ‘‘fiscal ator from Washington and all of us rec- ‘‘(4) PRORATION RULE.—If the amounts year 2007’’; and ognize that this may be the conclusion available for additional allotments under (II) by inserting ‘‘or period’’ after ‘‘for such this evening of this session of Congress, paragraph (1) are less than the total of the fiscal year’’; and amounts determined under subparagraphs (iii) in subclause (II)— and there may be a lot of issues out (A) and (B) of paragraph (3), the amounts (I) by inserting ‘‘or for a period in fiscal there that will be brought to a final computed under such subparagraphs shall be year 2008 described in clause (i)’’ after ‘‘fiscal vote. I think for all of us, as any ses- reduced proportionally. year 2007’’; and sion concludes, we have to look at the ‘‘(5) RETROSPECTIVE ADJUSTMENT.—The (II) by inserting ‘‘or period’’ after ‘‘such work product and say that is a job well Secretary may adjust the estimates and de- fiscal year’’ each place it appears; and done or a job not so well done. Frank- terminations made to carry out this sub- (3) in subparagraph (B)(i), by adding at the ly, for those of us on the Republican section as necessary on the basis of the end the following: ‘‘Only with respect to fis- side who stayed together and fought amounts reported by States not later than cal year 2008 for the period ending on June the fight and exchanged our differences May 31, 2009, on CMS Form 64 or CMS Form 30, 2008, the DSH allotment for Hawaii for 21, as the case may be, and as approved by such portion of the fiscal year, notwith- with those on the Democratic side, to the Secretary. standing the table set forth in paragraph (2), bring a budget back into constraints ‘‘(6) AVAILABILITY; NO REDISTRIBUTION OF shall be $7,500,000.’’. that are at or near the President’s pro- UNEXPENDED ADDITIONAL ALLOTMENTS.—Not- SEC. 205. IMPROVING DATA COLLECTION. posal is without question a victory. withstanding subsections (e) and (f), Section 2109(b)(2) of the Social Security Some of us will recognize that and amounts allotted to a State pursuant to this Act (42 U.S.C. 1397ii(b)(2)) is amended by in- honor that tonight as we conclude this subsection for fiscal year 2009, subject to serting before the period at the end the fol- first session of this Congress. paragraph (5), shall only remain available for lowing ‘‘(except that only with respect to fis- I yield the floor. expenditure by the State through March 31, cal year 2008, there are appropriated The PRESIDING OFFICER. The Sen- 2009. Any amounts of such allotments that $20,000,000 for the purpose of carrying out ator from Maine. remain unexpended as of such date shall not this subsection, to remain available until ex- Ms. COLLINS. Mr. President, I ask be subject to redistribution under subsection pended)’’. (f).’’. unanimous consent that I be permitted SEC. 206. MORATORIUM ON CERTAIN PAYMENT to proceed until the vote occurs, which SEC. 202. EXTENSION OF TRANSITIONAL MED- RESTRICTIONS. ICAL ASSISTANCE (TMA) AND ABSTI- Notwithstanding any other provision of is 2 minutes from now. NENCE EDUCATION PROGRAM. law, the Secretary of Health and Human The PRESIDING OFFICER. Without Section 401 of division B of the Tax Relief Services shall not, prior to June 30, 2008, objection, it is so ordered. and Health Care Act of 2006 (Public Law 109– take any action (through promulgation of Ms. COLLINS. Mr. President, I rise 432, 120 Stat. 2994), as amended by section 1 regulation, issuance of regulatory guidance, to discuss the funding for the Low In- of Public Law 110–48 (121 Stat. 244) and sec- use of Federal payment audit procedures, or come Home Energy Assistance Pro- tion 2 of the TMA, Abstinence, Education, other administrative action, policy, or prac- gram. This program is absolutely vital and QI Programs Extension Act of 2007 (Pub- tice, including a Medical Assistance Manual to the people of my State. This winter lic Law 110–90, 121 Stat. 984), is amended— transmittal or letter to State Medicaid di- we have seen record-high prices for rectors) to impose any restrictions relating (1) by striking ‘‘December 31, 2007’’ and in- home heating oil. serting ‘‘June 30, 2008’’; and to coverage or payment under title XIX of the Social Security Act for rehabilitation I want to thank the appropriators for (2) by striking ‘‘first quarter’’ and insert- including additional funding for the ing ‘‘third quarter’’ each place it appears. services or school-based administration and school-based transportation if such restric- LIHEAP program as part of the omni- SEC. 203. EXTENSION OF QUALIFYING INDI- bus spending bill, but, Mr. President, I VIDUAL (QI) PROGRAM. tions are more restrictive in any aspect than those applied to such areas as of July 1, 2007. was hoping we would proceed to consid- (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. TITLE III—MISCELLANEOUS eration of the amendment offered by 1396a(a)(10)(E)(iv)) is amended by striking SEC. 301. MEDICARE PAYMENT ADVISORY COM- the Senator from Vermont, of which I ‘‘December 2007’’ and inserting ‘‘June 2008’’. MISSION STATUS. am proud to be a cosponsor, which Section 1805(a) of the Social Security Act (b) EXTENDING TOTAL AMOUNT AVAILABLE would have provided 800 million addi- (42 U.S.C. 1395b–6(a)) is amended by inserting FOR ALLOCATION.—Section 1933(g)(2) of the tional dollars for the LIHEAP program. ‘‘as an agency of Congress’’ after ‘‘estab- Social Security Act (42 U.S.C. 1396u–3(g)(2)) Mr. President, this is a real crisis. I lished’’. is amended— consider the amount of money in this (1) in subparagraph (G), by striking ‘‘and’’ SEC. 302. SPECIAL DIABETES PROGRAMS FOR TYPE I DIABETES AND INDIANS. bill to be a significant step forward, at the end; (a) SPECIAL DIABETES PROGRAMS FOR TYPE but it is not adequate to meet the over- (2) in subparagraph (H), by striking the pe- I DIABETES.—Section 330B(b)(2)(C) of the whelming needs for the constituents riod at the end and inserting ‘‘; and’’; and Public Health Service Act (42 U.S.C. 254c– that live in cold weather States and (3) by adding at the end the following new 2(b)(2)(C)) is amended by striking ‘‘2008’’ and subparagraph: are struggling and literally choosing inserting ‘‘2009’’. ‘‘(I) for the period that begins on January between paying their bills, buying food, (b) SPECIAL DIABETES PROGRAMS FOR INDI- 1, 2008, and ends on June 30, 2008, the total al- purchasing prescription drugs, and ANS.—Section 330C(c)(2)(C) of the Public location amount is $200,000,000.’’. Health Service Act (42 U.S.C. 254c–3(c)(2)(C)) staying warm. That is a choice that no SEC. 204. MEDICAID DSH EXTENSION. is amended by striking ‘‘2008’’ and inserting family in this country should have to Section 1923(f)(6) of the Social Security ‘‘2009’’. make. I am pleased with this downpayment Act (42 U.S.C. 1396r–4(f)(6)) is amended— f (1) in the heading, by inserting ‘‘AND POR- on the LIHEAP program. It is a major TIONS OF FISCAL YEAR 2008’’ after ‘‘FISCAL CONSOLIDATED APPROPRIATIONS step forward that is going to make a YEAR 2007’’; and ACT, 2008—Continued significant difference, but, frankly, it (2) in subparagraph (A)— Mr. GREGG. Mr. President, I ask is simply not adequate to meet the (A) in clause (i), by adding at the end (after unanimous consent that the Senator overwhelming need. and below subclause (II)) the following: Nationwide, over the last 4 years, the ‘‘Only with respect to fiscal year 2008 for the from Idaho now be recognized for 5 minutes and that at 5:20, it be deemed number of households receiving period ending on June 30, 2008, the DSH allot- LIHEAP assistance increased by 26 per- ment for Tennessee for such portion of the that all time be yielded back by all fiscal year, notwithstanding such table or sides relative to the motion. cent from 4.6 million to about 5.8 mil- terms, shall be 3⁄4 of the amount specified in The PRESIDING OFFICER (Mr. lion, but during this same period, Fed- the previous sentence for fiscal year 2007.’’; SALAZAR). Without objection, it is so eral funding increased by only 10 per- (B) in clause (ii)— ordered. cent. The result is that the average (i) by inserting ‘‘or for a period in fiscal Mr. GREGG. Mr. President, I note for grant declined from $349 to $305. In ad- year 2008 described in clause (i)’’ after ‘‘fiscal those people listening, under this dition, since August, crude oil prices year 2007’’; and agreement, there should be a vote be- quickly rose from around $60 barrel to (ii) by inserting ‘‘or period’’ after ‘‘such nearly $100 per barrel, so a grant buys fiscal year’’; and ginning about 5:20 p.m. (C) in clause (iv)— Mr. LEAHY. Mr. President, I have no less fuel today than it would have just (i) in the heading, by inserting ‘‘AND FISCAL objection. 4 months ago. According to the Maine YEAR 2008’’ after ‘‘FISCAL YEAR 2007’’; The PRESIDING OFFICER. The Sen- Office of Energy Independence and Se- (ii) in subclause (I)— ator from Idaho. curity, the average price of heating oil

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.010 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15844 CONGRESSIONAL RECORD — SENATE December 18, 2007 in our State is $3.26 a gallon. That is a The yeas and nays resulted—yeas 44, The PRESIDING OFFICER. The record in our State. nays 51, as follows: agreement contemplates a second-de- This large, rapid increase, combined [Rollcall Vote No. 436 Leg.] gree amendment, the Feingold amend- with less LIHEAP funding available per YEAS—44 ment, where there will be 1 hour of de- family, imposes hardship on people who Akaka Harkin Nelson (FL) bate equally divided on that amend- use home heating oil to heat their Baucus Inouye Nelson (NE) ment. homes. Low-income families and senior Bingaman Johnson Pryor Mr. MCCONNELL. Mr. President, I citizen living on limited incomes in Boxer Kennedy Reed will use leader time now. Brown Kerry Reid The PRESIDING OFFICER. The Re- Maine and many other States face a Byrd Klobuchar Rockefeller publican leader. crisis in staying warm this winter. Cantwell Kohl Salazar C The Sanders amendment would have Cardin Lautenberg Sanders Mr. M CONNELL. Mr. President, a Carper Leahy Schumer lot has changed since last December. provided an additional $800 million as Casey Levin Stabenow At this time last year, America and its emergency funding for LIHEAP. The Conrad Lieberman Tester term ‘‘emergency,’’ could not be more Dorgan Lincoln allies were desperate for good news out Webb accurate. Our Nation is in a heating Durbin Menendez of Iraq. The security situation was Feingold Mikulski Whitehouse dire, and getting worse. An all-out civil emergency this winter. Families are Hagel Murray Wyden being forced to choose among paying war threatened to undermine the he- NAYS—51 for food, housing, prescription drugs roic work of U.S. forces and frustrate and heat. No family should be forced to Alexander Crapo Martinez the hopes of millions of Iraqis. Allard DeMint McCain suffer through a severe winter without Then General Petraeus stepped for- Barrasso Dole McCaskill ward with a bold new plan. We con- adequate heat. Bayh Domenici McConnell I understand we may consider this Bennett Ensign Murkowski firmed General Petraeus unanimously Bond Enzi Roberts for what seemed like one last effort at proposal again after the holidays. Brownback Graham Sessions When we reconsider it, I urge all my salvaging the mission. And we sent him Bunning Grassley Shelby the troops and the funds he needed to colleagues to support the Sanders pro- Burr Gregg Smith carry out the job. posal to provide vital home energy as- Chambliss Hatch Snowe Coburn Hutchison Specter Since the implementation of the sistance for the most vulnerable of our Cochran Inhofe Stevens Petraeus plan, the security situation in citizens. Coleman Isakson Sununu and around Baghdad has changed dra- CLOTURE MOTION Collins Kyl Thune Corker Landrieu Vitter matically. Attacks on troops are down. The PRESIDING OFFICER. Under Cornyn Lott Voinovich Civilian casualties in Baghdad are the previous order and pursuant to rule Craig Lugar Warner down 75 percent. Iraqi refugees are XXII, the Chair lays before the Senate NOT VOTING—5 streaming back over the borders. Out- the following cloture motion which the Biden Dodd Obama side the city, the local leaders are forg- clerk will report. Clinton Feinstein ing agreements among themselves and The assistant legislative clerk read The PRESIDING OFFICER. On this with U.S. forces to ensure even greater as follows: vote the yeas are 44, the nays are 51. security. CLOTURE MOTION Three-fifths of the Senators duly cho- There is simply no question that on We, the undersigned Senators, in accord- sen and sworn not having voted in the the military and tactical levels the ance with the provisions of rule XXII of the affirmative, the motion is rejected. Petraeus plan has been a tremendous Standing Rules of the Senate, do hereby success. So as we stand here today, we move to bring to a close debate on the mo- Mr. LEAHY. Mr. President, I suggest the absence of a quorum. have new hope that U.S. service men tion to concur in the House amendments to and women are beginning to return H.R. 2764, State, Foreign Operations Appro- The PRESIDING OFFICER. The priations, 2008. clerk will call the roll home with a sense of achievement. A Harry Reid, Jeff Bingaman, Barbara A. The legislative clerk proceeded to lot has changed in Iraq, and here in Mikulski, Byron L. Dorgan, Daniel K. call the roll. Washington, we should take notice. Inouye, Patrick Leahy, Max Baucus, Mr. LEAHY. Mr. President, I ask Before us is an amendment sent to us Mark Pryor, Debbie Stabenow, Kent unanimous consent that the order for by the House of Representatives that Conrad, Patty Murray, Bill Nelson, the quorum call be rescinded. underfunds our troops and only pro- Jack Reed, Ken Salazar, Blanche L. The PRESIDING OFFICER. Without vides for those fighting in Afghanistan. Lincoln, Tom Carper, Herb Kohl, Ben It leaves the troops in Iraq to fend for Nelson, Dick Durbin. objection, it is so ordered. The Republican leader is recognized. themselves. That is unacceptable. The PRESIDING OFFICER. By unan- What is the difference between fund- AMENDMENT NO. 3874 imous consent, the mandatory quorum ing the troops in Afghanistan and fund- call is waived. (Purpose: To make emergency supplemental ing the troops in Iraq? They are both appropriations for the Department of De- The question is, Is it the sense of the fense for the fiscal year ending September our troops. Even those of us who have Senate that debate on the motion to 30, 2008) disagreed on the war have always concur in the House amendments to Mr. MCCONNELL. Mr. President, I agreed on at least one thing, and that the Senate amendment to H.R. 2764, move to concur in the House amend- is the troops in the field will not be left the Department of State, Foreign Oper- ments with an amendment which I without the resources they need. ations, and Related Programs Appro- send to the desk on behalf of myself, So the amendment I sent to the desk provides for our men and women in priations Act, shall be brought to a Senators LIEBERMAN, INOUYE, STEVENS, uniform in Iraq and Afghanistan be- close? COCHRAN, and WARNER. The yeas and nays are mandatory The PRESIDING OFFICER. The cause I believe it is our duty to protect under the rule. clerk will report. all of those who are putting their lives The clerk will call the roll. The legislative clerk read as follows: on the line. It is also important to un- The assistant legislative clerk called derstand—I hope everybody in the The Senator from Kentucky [Mr. MCCON- the roll. NELL], for himself, Mr. LIEBERMAN, Mr. Chamber and anybody listening gets Mr. DURBIN. I announce that the INOUYE, Mr. STEVENS, Mr. COCHRAN, and Mr. this fundamental point: If this amend- Senator from Delaware (Mr. BIDEN), WARNER moves to concur in the House ment does not pass, the McConnell- the Senator from New York (Mrs. CLIN- amendment No. 2 to the Senate amendment Lieberman amendment does not pass in TON), the Senator from Connecticut to H.R. 2764, with an amendment numbered its current form, the underlying bill (Mr. DODD), the Senator from Cali- 3874. will not become law. The passage of the fornia (Mrs. FEINSTEIN), and the Sen- (The amendment is printed in today’s McConnell-Lieberman proposal is es- ator from Illinois (Mr. OBAMA) are nec- RECORD under ‘‘Text of Amendments.’’) sential to getting a Presidential signa- essarily absent. Mr. MCCONNELL. Mr. President, ture on the Omnibus appropriations The PRESIDING OFFICER. Are there under the consent agreement, how and Iraq funding. any other Senators in the Chamber de- much time do we have? I will use my The Petraeus plan provides for a siring to vote? leader time. gradual reduction of our forces and a

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.011 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15845 transition of the mission. Iraqi secu- United States Armed Forces in Iraq to the As I do every year, I held a town hall rity forces will eventually shift from limited and temporary purposes set forth in meeting in every county in Wisconsin partnering with coalition forces to subsection (d). this year. That is 72 meetings for those (b) COMMENCEMENT OF SAFE, PHASED REDE- leading forces on their own. We must PLOYMENT FROM IRAQ.—The President shall of you who are not from the Badger not impose an arbitrary timeline for commence the safe, phased redeployment of State. I heard a lot from my constitu- withdrawal or accelerate this timeline members of the United States Armed Forces ents at the meetings about health care at an unrealistic pace. from Iraq who are not essential to the lim- and education. But the No. 1 issue I This is a moment of real hope for our ited and temporary purposes set forth in sub- heard about was foreign affairs, par- Nation and for the people of Iraq. It is section (d). Such redeployment shall begin ticularly the war in Iraq. not later than 90 days after the date of the a moment of real urgency in the Sen- enactment of this Act, and shall be carried But the No. 1 issue I heard about was ate. We need to pass the spending bill out in a manner that protects the safety and foreign affairs, particularly the war in with troop funds without any strings security of United States troops. Iraq. Let me tell you—they weren’t and without further delay. (c) USE OF FUNDS.—No funds appropriated asking why Congress is spending so At the risk of being redundant, the Presi- or otherwise made available under any provi- much time on this issue. They weren’t dent has made it absolutely clear that to get sion of law may be obligated or expended to continue the deployment in Iraq of members asking us to give the President more a Presidential signature, to wrap up this ses- time for his so-called surge. Like sion, having succeeded in passing all of our of the United States Armed Forces after the appropriations bills, will require the passage date that is nine months after the date of the Americans all across the country, they of the McConnell-Lieberman amendment. enactment of this Act. want an end to this war, and they want So when we get to that amendment— (d) EXCEPT FOR LIMITED AND TEMPORARY to know what is stopping us. PURPOSES.—The prohibition under sub- The Senate needs to address the con- we will have a couple of votes before section (c) shall not apply to the obligation then, but when we get to that amend- or expenditure of funds for the following lim- cerns and demands of our constituents, ment, it is essential. We want to com- ited and temporary purposes: who more than a year ago voted for a plete our work in a way that imple- (1) To conduct targeted operations, limited change in congressional leadership in ments the appropriations process as all in duration and scope, against members of al large measure because of the debacle in of us feel it should be implemented on Qaeda and affiliated international terrorist Iraq. But we have yet to follow through a yearly basis. The success of the organizations. and end this misguided war, before (2) To provide security for United States more Americans are injured and killed. McConnell-Lieberman amendment is Government personnel and infrastructure. essential. (3) To provide training to members of the And we are about to adjourn for the I yield the floor. Iraqi Security Forces who have not been in- year and let the war drag on even Mr. LEAHY. Mr. President, not volved in sectarian violence or in attacks longer. counting leader time, what is the pro- upon the United States Armed Forces, pro- We hear a lot from supporters of the vision of time once Senator FEINGOLD vided that such training does not involve President that violence in Iraq is down has introduced his second-degree members of the United States Armed Forces right now, and therefore we are on the amendment? taking part in combat operations or being path to victory. That argument would The PRESIDING OFFICER. There embedded with Iraqi forces. (4) To provide training, equipment, or be a lot more convincing if the admin- will be 1 hour of debate equally divided. other materiel to members of the United istration had a viable strategy for suc- Mr. LEAHY. Mr. President, I see the States Armed Forces to ensure, maintain, or cess. The surge may buy time, but as Senator from Wisconsin. I ask, of the improve their safety and security. long as there is no political solution to half hour on this side, that 15 minutes Mr. FEINGOLD. Mr. President, I rise Iraq’s problems, we are just postponing be given to the distinguished Senator to offer an amendment with the major- the inevitable resurgence in violence, from Wisconsin, 10 minutes to the sen- ity leader, Senator REID, and Senators and our brave troops will continue ior Senator from West Virginia, 5 min- LEAHY, DODD, BOXER, KENNEDY, KERRY, bearing the brunt of it. utes to the distinguished senior Sen- HARKIN, WHITEHOUSE, WYDEN, DURBIN, That is not a strategy for success. It ator from Massachusetts, and that the SCHUMER, OBAMA, SANDERS, MENENDEZ, is not even a strategy. It is a way of Senator from Vermont who is a cospon- LAUTENBERG, and BROWN to H.R. 2764, pushing this problem off to the next sor be allowed to submit a statement the fiscal year 2008 Omnibus appropria- President and the next Congress, while as though read for the RECORD. tions bill. our troops put their lives on the line, The PRESIDING OFFICER. Without The amendment is one I have offered and our constituents foot the bill. Or, I objection, it is so ordered. before. I will not hesitate, if I must, to should say, our constituents’ children AMENDMENT NO. 3875 TO AMENDMENT NO. 3874 offer it again and again and again. and grandchildren foot the bill, because Mr. FEINGOLD. Mr. President, I send The 17 cosponsors is the greatest we can’t even be bothered to figure out an amendment to the desk and ask for number we have ever had for this a way to pay for the war. We are just its immediate consideration. amendment. handing the tab to future generations, It requires the President to begin The PRESIDING OFFICER. The sticking them with hundreds of billions safely redeploying U.S. troops from clerk will report. of dollars of more deficit spending. Iraq within 90 days of enactment, and The legislative clerk read as follows: requires redeployment be completed I am certainly pleased that violence The Senator from Wisconsin [Mr. FEIN- within 9 months. At that point, with in Iraq has declined in the last few GOLD], for himself, Mr. REID, Mr. LEAHY, Mr. the bulk of our troops safely out of months. Once again, our troops have DODD, Mrs. BOXER, Mr. KENNEDY, Mr. KERRY, Iraq, funding for the war would be showed they excel in any challenge Mr. HARKIN, Mr. WHITEHOUSE, Mr. WYDEN, ended, with four narrow exceptions: with which they are tasked. This Mr. DURBIN, Mr. SCHUMER, Mr. OBAMA, Mr. doesn’t change the fact, however, that SANDERS, Mr. MENENDEZ, Mr. LAUTENBERG, providing security for U.S. Government this year was the bloodiest year for and Mr. BROWN, proposes an amendment personnel and infrastructure, training numbered 3875 to amendment No. 3874. the Iraqi security forces, providing Americans since the war began, and there are still a few weeks to go in 2007. Mr. FEINGOLD. Mr. President, I ask training and equipment to U.S. service unanimous consent that the reading of men and women to ensure their safety Indeed, let us remember that nearly the amendment be dispensed with. and security, and conducting targeted 4,000 Americans have died, and almost The PRESIDING OFFICER. Without operations limited in duration and 30,000 have been wounded in a war that objection, it is so ordered. scope against members of al-Qaida and has no clear strategy and no end in The amendment is as follows: others affiliated with international ter- sight. While the President is bringing home a token number of troops, over (Purpose: To provide for the safe redeploy- rorist organizations. ment of United States troops from Iraq) Some of my colleagues complain that 160,000 remain as the war drags on into we spent too much time debating Iraq its fifth year. What are we supposed to At the appropriate place, insert the fol- lowing: this year. They would rather talk tell them, and their families, to wait another year until a new administra- SEC. ll. SAFE REDEPLOYMENT OF UNITED about other issues. Well, we have a lot STATES TROOPS FROM IRAQ. of important priorities, but nothing is tion and new Congress finally listen to (a) TRANSITION OF MISSION.—The President more important to me or my constitu- the American people and bring this shall promptly transition the mission of the ents than ending this disastrous war. tragedy to a close?

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.096 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15846 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. President, Iraq appears to be no rity priority—going after al-Qaida and I am not suggesting that we abandon closer to legitimate political reconcili- its affiliates around the globe. This ad- the people of Iraq or that we ignore the ation at the national level than it was ministration has sadly proven that we political impasse there. We cannot ig- before the surge began. Equally worri- cannot do both. nore the ongoing humanitarian crisis some is that, as part of the President’s Al-Qaida is waging a global cam- that has unfolded within Iraq or the plan, we appear to be deepening our de- paign, from North Africa—where the one that followed millions of Iraqis as pendence upon former insurgents and Algerian Government has blamed an they fled to Jordan and Syria. These militia-infiltrated security forces with al-Qaida affiliate for two major bomb- issues require the attention and con- questionable loyalties. Supporting the ings last week—to the border region structive engagement of U.S. policy- sheiks in al Anbar—and elsewhere— between Afghanistan and Pakistan makers, key regional players, and the may help to reduce violence in the near were, while we have been distracted by international community. They require term, but by supporting both sides of a Iraq, al-Qaida has reconstituted and high-level, consistent, and multilateral civil war, we are risking greater vio- strengthened itself. There is a price to engagement and cooperation. But Iraqi lence down the road. Such tactics are pay for our neglect, and this adminis- reconciliation cannot—and will not—be likely to undermine the prospects for tration has failed to acknowledge it. brought about by a massive American long-term stability, as they could lead Because of its narrow focus on Iraq, military engagement. to greater political fragmentation and the administration has been so dis- By enacting Feingold-Reid, we can fi- ultimately jeopardize Iraq’s territorial tracted it has not adequately addressed nally bring our troops out of Iraq and integrity. Again, without legitimate the deteriorating security conditions focus on what should be our top na- national reconciliation, violence may in Afghanistan, where the resurgent tional security priority—waging a ebb and flow, but it won’t end, and we Taliban—the same movement that har- global campaign against al-Qaida and will be no closer to a settlement, no bored and supported the terrorist ele- its affiliates. matter how long we keep a significant ments that attacked our country on 9/ Some of my colleagues will oppose military presence in Iraq. That is not 11—are gaining ground. Violence may this amendment. That is their right. the fault of our heroic men and women be down in Iraq, but it is up signifi- But I hope none of them will suggest in uniform. It is the fault of the admin- cantly in Afghanistan. There were 77 that Feingold-Reid would hurt the istration’s disastrous policies. suicide attacks in Afghanistan in just troops by denying them equipment or There is another dirty secret behind the first 6 months of 2007, which is support. There is no truth to that argu- the temporary drop in violence, and it about twice the number for the same ment—none. Passing this legislation relates to the segregation of Baghdad period in 2006 and 26 times higher than would result in our troops being safely and the neighborhoods on its outskirts. from January to June 2005. redeployed within 9 months. At that With so many Iraqis fleeing their This worrisome escalation of suicide point, with the troops safely out of homes in search of greater safety and bombings is one of many signs that Af- Iraq, funding for the war would end, security, large-scale displacement has ghanistan’s already tenuous stability with the narrow exceptions I men- resulted in very different demo- is even shakier. And while earlier this tioned earlier. That is what Congress graphics. Previously mixed neighbor- week the Pentagon confirmed that the did in 1993, when it voted overwhelm- hoods have ceased to exist, thereby U.S. military and its NATO partners ingly to bring our military mission in curtailing one of the chief sources of are reviewing plans for Afghanistan, it Somalia to an end. That is what Con- sectarian violence. This ethnic cleans- is awfully late in the game to try to gress must do again to terminate the ing is hardly evidence of a successful put that country on a solid path to sta- President’s unending mission in Iraq. surge. And it sure isn’t a hopeful sign bilization and development. Nonethe- This amendment is almost identical for future peace and stability. less, we have to try because we still to the version I offered with Senator When it announced the surge, the ad- have an opportunity to finish the job REID and others to the Defense Depart- ministration said its goal was to keep we started 6 years ago in Afghanistan— ment authorization bill. And once a lid on violence to give time and space eliminating the Taliban and destroying again, we have specified that nothing for reconciliation in Iraq. Now that we a safe haven for terrorist networks in this amendment will prevent U.S. are no closer to reconciliation, the ad- that seek to harm us. This opportunity troops from receiving the training or ministration is trying, once again, to is critical because until bin Laden and equipment they need ‘‘to ensure, main- shift the goalposts. We don’t hear as his reconstituted al-Qaida leadership tain, or improve their safety and secu- much about reconciliation now, and are killed or captured, Afghanistan’s rity.’’ I hope we won’t be hearing any when we do, it sounds very different future cannot be separated from our more spurious arguments about troops from the national reconciliation that own national security. on the battlefield not getting the sup- was supposedly our goal—instead we Instead of seeing the big picture—in- plies they need. hear about ‘‘bottom-up’’ reconciliation, stead of approaching Iraq in the con- This war is exhausting our country, whatever that means. All the adminis- text of a comprehensive and global overstretching our military, and tar- tration can do is stall for time, just as campaign against a ruthless enemy— nishing our credibility. Even with the it did in 2004, just as it did in 2005, and this administration persists with its recent decline in violence, the Amer- just as it did in 2006. The slogan may be tragic policy and its tragic mistakes. ican people know the war is wrong, and different—‘‘Mission Accomplished,’’ As the President digs in his heels, he is they continue to call for its end. I urge ‘‘Stay the Course,’’ ‘‘The New Way For- simultaneously deepening instability my colleagues to vote yes on Feingold- ward’’ and even ‘‘Return on Success,’’ throughout the Middle East, under- Reid so we can finally heed their call but each time we are told we are on the mining the international support and to action. right road, if we just keep walking a cooperation we need to defeat al-Qaida, I yield the floor. little longer. Until, that is, we reach providing al-Qaida and its allies with a The PRESIDING OFFICER (Mr. another dead end, and a new slogan is rallying cry and recruiting tool, and MENENDEZ). The Senator from West invented to justify heading in a new, increasing our vulnerability. Virginia. but equally futile direction. The President’s promise to redeploy Mr. BYRD. Mr. President, I intend to As the administration blunders from a few battalions, while leaving 160,000 support the amendment being offered one mistake to another, brave Amer- troops in Iraq, is not nearly enough. by the Senator from Wisconsin. While I ican troops are being injured and killed That is why, once again, I am offering fully support the addition of the $31 in Iraq; our military is being over- this amendment with Majority Leader billion in funding for the war in Af- stretched; countless billions of dollars REID. It is up to us here in Congress to ghanistan and for troop protection, I are being spent; the American people reverse what continues to be an intrac- cannot support the President’s de- are growing more and more frustrated table policy. It is our job to listen to mands that funding be given to him and outraged; and our national secu- the American people, to save American with no strings attached so that he rity is being undermined. lives, and to protect our Nation’s secu- may keep some 130,000 or more troops Instead of focusing on Iraq, we should rity by redeploying our troops from in Iraq for a sixth year. Risking the be focusing on our top national secu- Iraq, because the President will not. lives of more soldiers to try to win a

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.023 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15847 bad bet on Iraq represents a terrible in- ders to effect a back-door draft that For Congress to fail to provide the justice to our brave fighting men and keeps soldiers in the military, even funds needed by our soldiers in the women. Just a little more time, the though their terms of service have been field is inexcusable under any cir- President says, just a little more completed. Meanwhile, the needs of our cumstances, but it is especially dis- money, and the quagmire that is Iraq own Nation go wanting, as important appointing right now at the very mo- will be transformed. equipment that could be used for do- ment when General David Petraeus and The President has made clear that if mestic disasters is shipped off to Iraq, his troops are achieving the kind of he has his way, U.S. troops would still and our National Guardsmen, the first progress in Iraq that many dismissed be in Iraq decades hence. What a state- responders in emergencies, sit in the as impossible a few months ago, includ- ment by a U.S. President. What a dead- sands—the hot sands—of the Middle ing suspending disbelief in order to be- ly bankrupt legacy to leave. 2007 has East. lieve the surge was working. One has to already been the most deadly year in I urge my colleagues on both sides of suspend disbelief to believe it is not. Iraq in terms of U.S. deaths since the the aisle to vote in favor of this amend- The bill’s proponents seek, I suppose, invasion began, and the year is not yet ment and, thus, reaffirm our resolve to a precipitous withdrawal of U.S. com- over. The number of U.S. deaths has alter our disastrous course in Iraq. To bat forces from Iraq regardless of con- reached 3,890, and the number of vote for this amendment is to vote for ditions on the ground or the views of wounded has surpassed 28,000. The Iraqi our troops and to begin a reasonable our commanders in the field. If that Government has not passed any of the new policy for Iraq. To vote for this sounds familiar, it should. It should legislative benchmarks that would in- amendment is to begin to reassert the sound familiar, my friends. The major- dicate progress toward national rec- constitutional role of the Congress as ity has thus far engaged in no less than onciliation. the people’s check on the Executive, 40 legislative attempts to achieve this The economic rebuilding of Iraq con- using the most powerful tool there ever misguided outcome. tinues to lag, financed by U.S. tax- was and ever will be in the congres- The choice today is simple: Do we build upon the clear successes of our payer dollars and marked by waste, sional arsenal—the power of the purse. current strategy and give General fraud, and abuse. Oil production is To vote for this amendment is to show Petraeus and the troops under his com- sputtering and shortages of basics such the American people we are listening mand the support they require to com- as electricity and water continue to them. Keeping our troops in harm’s way in plete their mission or do we ignore the unabated, despite the boondoggle that realities and legislate a premature end this war has been for private contrac- support of a misbegotten war and a failed strategy is not patriotism. We to our efforts in Iraq, accepting there- tors. Evidence of ethnic cleansing is by all the terrible consequences that growing, as Sunnis are forced out of must not roll the dice again, recklessly risking American lives and American will ensue? Shia areas and vice versa. The Iraqi In case my colleagues missed it, a Army and police forces remain riddled treasure. It is time—time—time—for a change. couple nights ago, there was a piece on with sectarianism. U.S. forces continue the evening news of one of the major to carry the bulk of the security bur- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- networks that pointed out that for the den, and while U.S. forces remain in ator from Arizona. first time in a long time there was 24 Iraq, there is little incentive for the Mr. MCCAIN. Mr. President, I rise to hours in Baghdad without a single inci- Iraqis to assume that duty. oppose the pending amendment by the dent of violence. How you can ignore Some have pointed to recent tactical Senator from Wisconsin, my friend. I these facts on the ground is something successes and the reduction of violence strongly support the amendment that I do not—will not—comprehend. in certain areas of Iraq as justification will be offered by the Republican lead- I had the privilege, along with my for continuing the occupation of Iraq. er that would deliver vital funding for colleagues, Senator LIEBERMAN of Con- But the prowess of our troops was our troops in Iraq. necticut and Senator GRAHAM of South never in question. They have been The underlying House-passed bill is Carolina, of spending Thanksgiving given a job to do, and they do it with not only irresponsive to the facts on with our troops in Iraq. On that trip, I bravery and skill. The important ques- the ground in Iraq, it is simply irre- saw and heard firsthand about the re- tion—the only true measure of our ef- sponsible. It fails to provide any fund- markable transformation these brave forts in Iraq—is whether those tactical ing for our troops fighting in Iraq and men and women in uniform have successes somehow add up to progress actually contains an explicit prohibi- brought about this year. After nearly 4 toward a lasting political solution. tion against the use of funds for Oper- years of mismanaged war, our military, That progress has failed to materialize. ation Iraqi Freedom. The authors have in cooperation with the Iraqi security It is time for a change in Iraq. It is compiled a bill of some 1,400 pages and forces, has made significant gains time to limit the U.S. military mission an even larger joint explanatory state- under the new American counterinsur- in Iraq and bring the bulk of our troops ment chock-full of unnecessary spend- gency strategy, the so-called surge. home. It is time to seriously engage ing, but they include not a dime for our Overall violence in Iraq has fallen to our allies and the nations of the Middle troops in Iraq. They include not a dime its lowest level since the first year of East on Iraqi security issues. It is time for our troops in Iraq. the invasion. LTG Ray Odierno, the to restore the reputation of the great I would like our friends and col- second in command in Iraq, said this United States of America by returning leagues and others to consider that the week this improvement is due to the to the policies that made the United bill on the floor today contains $1.6 increase in American troops and better States an example to inspire the world, million for animal vaccines in trained Iraqi forces—due to the in- a beacon of economic prosperity, a Greenport, NY, but not a penny for our crease in American troops and better showcase of humanitarian ideals, and soldiers in Iraq; $477,000 for Barley trained Iraqi forces. benevolent assistance to people in their Health Food Benefits but nothing for Now, you can believe LTG Ray hour of need. It is time to shed our the troops in Iraq; $846,000 for the Fa- Odierno or you can believe those on the image as invaders and occupiers of ther’s Day Rally Committee of Phila- other side of the aisle who want to other nations, using mercenary forces delphia but not a dime for our sons and bring to a halt the success we have to expand our reach. It is time to un- daughters who are fighting. achieved. equivocally reject the notion that We are willing to spend $244,000 for Improvised explosive device blasts, America condones torture. For most of bee research in Weslaco, TX, but not a the foremost source of U.S. combat my lifetime—and it has been a long one dollar for our fighting men and women deaths, now occur at a rate lower than already—the world looked to the in Baghdad, Kirkuk, and Anbar. It is a at any point since September 2004. This United States first when help was need- sad day—it is a sad day, indeed—when week, MG Joseph Fil, the commander ed. Now, the world wonders which na- in the middle of a war this country for Baghdad, stated that attacks in tion America will invade next. How far must win, the Congress provides more Baghdad have fallen nearly 80 percent we have fallen. funds for bee research than for the since November 2006, murders in Bagh- The administration has used emer- brave Americans risking their lives on dad Province are down by some 90 per- gency proclamations and stop-loss or- our behalf. cent over the same period, and vehicle-

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.104 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15848 CONGRESSIONAL RECORD — SENATE December 18, 2007 borne bombs have dropped by 70 per- terrible mistake. Of course, there is no ican lives and treasure. Now is not the cent. question that Iraq’s national leaders time for us to lose our resolve. So as Ronald Reagan used to say: must do more to promote reconcili- That is why the Senate must adopt Facts are stubborn things. Facts are ation and improve governance and that the McConnell amendment. The fund- stubborn things. These are the facts— the reduction in violence has created a ing contained in this amendment is not not rhetoric but facts. window for political and economic as some have characterized it: ‘‘The Major General Fil added that, today, progress that Iraqi leaders must seize, there is no longer any part of Baghdad President’s money.’’ It is money for but let’s not close that window. The the troops. It is money for the brave under al-Qaida control, though the ter- likelihood that they make this rorist group is ‘‘still lurking in the Americans who are in harm’s way as progress would be vastly decreased— we speak. This funding is to provide shadows.’’ I agree. They are on the run, not increased—by a precipitous U.S. but they are not defeated. They are on them with the equipment and proper withdrawal. Whatever the failings of training they require to fulfill their the run, but they are not defeated. the imperfect democracy in Baghdad, Last week, the violence in Anbar mission; funding to protect our men they do not justify—either in terms of and women from roadside bombs and Province was the lowest ever recorded. national interests or simple morality— The British handed control of southern other attacks; funding to enable them abandoning it to the al-Qaida terrorists to bring this war to a successful and Basra to the Iraqi Government. And in and Iranian-backed militias trying to Diyala, one of most dangerous regions honorable end. If the funding is not in- destroy it. cluded, the President will very rightly in Iraq, al-Qaida militants tried to re- None of this is to argue that Iraq has veto this omnibus measure. take several villages around the town become completely safe or that vio- of Khalis, only to see U.S.-backed local lence has come down to an acceptable I say to my friends on the other side volunteers drive the terrorists away. level or that victory lies just around of the aisle that I understand the frus- That is the success of a classic counter- the corner. On the contrary, the road tration many feel after nearly 4 years insurgency strategy. Tens of thousands ahead remains as it always has been: of mismanaged war. I share their frus- of volunteers have joined ‘‘awakening long and hard. Violence is still at an tration and sorrow. But we must re- councils’’ that aim to combat al-Qaida, unacceptable level in some parts of the member to whom we owe our alle- and al-Qaida’s No. 2, Ayman al- country. Unemployment remains high giance—not to short-term political Zawahiri, has begun warning of ‘‘trai- in many areas. The Maliki government gain but to the security of America, to tors’’ among the insurgents in Iraq. remains unwilling to function as it those brave men and women who risk As a result of the hard-won gains our must. No one can guarantee success or all to ensure it, and to the ideals upon troops have secured, General Petraeus be certain about its progress or its which our Nation was founded. That re- has been able to initiate a drawdown of prospects. We can, however, be certain sponsibility is our dearest privilege, U.S. forces, a drawdown tied not to an about the prospects for defeat if we fail and to be judged by history to have dis- artificial timetable but based on secu- to fund our troops. charged it honorably will in the end rity gains in-country. This drawdown, Make no mistake; despite the matter so much more to all of us than beginning with the removal without re- progress I have outlined, there is no any fleeting glory of popular acclaim, placement of some 5,000 American cause for complacency. Just as we have electoral advantage, or office. Let us troops, has commenced following a dra- managed to turn failure into success in not sacrifice the remarkable gains our matic drop in American casualty rates 2007, we can likewise turn success back service men and women have made by and enhanced security throughout the into failure in 2008, if we are not care- engaging in a game of political brink- country. ful. As Major General Fil recently put manship. There is far, far too much at Al-Qaida’s leadership knows which it, progress toward securing the city stake. side is winning in Iraq. It may not be remains fragile and there is ‘‘abso- I urge my colleagues to support the known in some parts of America and in lutely a risk of going too quickly’’ in McConnell amendment and to reject this body, but al-Qaida knows. Al- drawing down troops. ‘‘An immediate this amendment. I urge my colleagues Qaida knows who is winning in Iraq. pullout too quickly would be a real se- to fund our troops and to support them Our soldiers know they have seized the rious threat to the stability here in so that when they do return to us, they momentum in this fight. Does the ma- Baghdad,’’ he said. Al-Qaida is off bal- return with the honor and success their jority party understand we are suc- ance, but they will come back swinging valiant efforts have earned. They and ceeding under the new strategy? The at us if we give them the chance. the American people whom they are proponents of this bill cannot continue Imagine for a moment if 1 of those 40 entrusted to protect deserve nothing forever to deny or disparage the reality attempts to force a withdrawal from less. of progress in Iraq or reject its connec- Iraq had been successful earlier this tion to our new counterinsurgency year. Rather than hearing from our Mr. President, I yield the floor. strategy. commanders and troops in the field The PRESIDING OFFICER. Who As General Odierno explained, with about the enormous progress, the de- yields time? the new counterinsurgency operations, cline in violence, the Iraqis seeking to ‘‘we have been able to eliminate key return home, the decrease in al-Qaida Mr. ALLARD. Mr. President, I yield safe havens, liberate portions of the influence, we would hear instead a very myself 7 minutes under the Republican population and hamper the enemy’s different story—a darker one—with time. I am going to share my concerns ability to conduct coordinated at- terrible implications for the people of about a provision included in the Inte- tacks.’’ General Odierno went on to Iraq, the wider Middle East, and the se- rior division of the Omnibus appropria- add: ‘‘We have experienced a consistent curity of the United States of America. tions bill. This provision was added on and steady trend of increased security. Some of my colleagues would like to the House Floor and was unfortunately . . . and I believe continued aggressive believe that should the bill we are cur- retained by the conference committee. operations by both Iraqi and coalition rently considering become law, without The language of this provision will pro- forces are the most effective way to ex- funding our troops in Iraq, it would hibit BLM from preparing or pub- tend our gains and continue to protect mark the end of this long effort. They lishing final regulations for oil shale the citizens of Iraq.’’ Given these reali- are wrong. Should the Congress force a commercial leasing on public lands. ties, some proponents of precipitous precipitous withdrawal from Iraq, it This provision is opposed by the De- withdrawal from Iraq have shifted would mark a new beginning, the start partment of the Interior. I have a let- their focus. While conceding, finally, of a new, more dangerous effort to con- ter stating their concerns from Sec- that there have been dramatic security tain the forces unleashed by our dis- retary Dirk Kempthorne which I ask gains, they have begun seizing on the engagement. If we leave, we will be unanimous consent be printed in the lackluster performance of the Iraqi back. If we leave, we will be back in RECORD. Government to insist that we should Iraq and elsewhere in many more des- There being no objection, the mate- abandon the successful strategy and perate fights to protect our security rial was ordered to be printed in the withdraw U.S. forces. This would be a and at an even greater cost in Amer- RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.106 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15849 THE SECRETARY OF THE INTERIOR, committee on Interior, Environment, and first commercial lease sale. However, Washington, DC, December 12, 2007. Related Agencies, Committee on Appropria- this fact does not mean that we should Hon. WAYNE ALLARD, tions, House of Representatives; Congress- not bring the rest of the process to a Ranking Member, Subcommittee on Interior, En- man Todd Tiahrt, Subcommittee on Interior, grinding halt. vironment and Related Agencies, Committee Environment, and Related Agencies, Com- We are in the midst of a deliberate on Appropriations, U.S. Senate, Wash- mittee on Appropriations, House of Rep- ington, DC. resentatives; and Senator Dianne Feinstein, and thoughtful process for approaching DEAR SENATOR ALLARD: As the House and Chairman, Subcommittee on Interior, Envi- the research and eventual commercial Senate consider the Fiscal Year 2008 Inte- ronment, and Related Agencies, Committee development of oil shale. The potential rior, Environment and Related Agencies Ap- on Appropriations, United States Senate. of this abundant domestic resource is propriations bill, I would like to voice my Sincerely, too important to take lightly. concern regarding efforts to prohibit our De- DIRK KEMPTHORNE. It is estimated that there are poten- partment from issuing regulations related to Mr. ALLARD. In 2005, I worked close- tially over 3 trillion barrels of recover- oil shale leasing. able oil available from shale. Let me Section 606 of the House-passed Interior ly with my colleagues in the House and appropriations bill would prohibit the use of in the Senate on provisions which were repeat that. There is a potential of funds to prepare or publish final regulations included in section 369 of the Energy over 3 trillion barrels of recoverable oil regarding a commercial leasing program for Policy Act of 2005. These will help lead available from oil shale, at a time oil shale resources on public lands. The En- to commercialization after the re- when this country is struggling to ergy Policy Act of 2005 (EPAct) was enacted search and demonstration projects cur- produce enough oil for this country’s with broad bipartisan support. The EPAct consumption. This could be the single included substantive and significant authori- rently underway have proven them- selves. As those of us who have to run largest contributor to weaning us off of ties for the development of alternative and imports from other countries, many of emerging energy sources. a business know, it is a bad practice to Oil shale is one important potential energy pour millions of dollars into research which are in political turmoil. More- source. The United States holds significant and development projects with no hint over, bringing online another large do- mestic supply of energy can lower oil shale resources, the largest known con- of assurance that these projects will prices for consumers, bring in royalties centration of oil shale in the world, and the lead to commercialization. Under- energy equivalent of 2.6 trillion barrels of to States and the Federal Government, standing the regulatory framework oil. Even if only a portion were recoverable, and enhance the stability of oil prices within which development must take that source could be important in the future in the marketplace. as energy demands increase worldwide and place is important to companies mak- With a cautious but deliberate ap- the competition for energy resources in- ing investment decisions. I believe, as I proach that involves consultation with creases. did in 2005, that it is critical to give State and local governments, we have The Energy Policy Act sets the timeframe companies investing tens of millions of for program development, including the com- the best opportunity of determining if pletion of final regulations. The Department dollars into these research projects a producing oil from shale is possible. We must be able to prepare final regulations in proverbial ‘‘light at the end of the tun- must give this process an opportunity FY 2008 in order to meet the statutorily-im- nel.’’ to work before we cut it off at the posed schedule. The timeline included in this section knees. The language included in this The Bureau of Land Management (BLM) of the Energy Policy Act for setting up bill does just that. It is not sound pol- issued a draft Environmental Impact State- a regulatory framework for oil shale icy for our country. From a process ment (EIS) in August 2007. The final EIS is development required the Department standpoint, we should not be undoing scheduled for release in May 2008 and the ef- of the Interior to develop a pro- fective date of the final rule is anticipated in carefully crafted policy choices that November 2008. The final regulations will grammatic environmental impact were negotiated for months by the au- consider all pertinent components of the statement for oil shale by February of thorizing committees of jurisdiction final EIS. Throughout this process BLM will 2007 and to finalize oil shale regula- and passed by the Congress on a mas- seek public input and work closely with the tions by August of 2007. Although these sive appropriations bill that is being States and other stakeholders to ensure that dates have slipped, many who are con- pushed through this Chamber at the concerns are adequately addressed. The De- cerned with decreasing our country’s eleventh hour. partment is willing to consider an extended dependence on foreign sources of oil re- I yield the floor. comment period after the publication of the The PRESIDING OFFICER. The Sen- draft regulations in order to assure that all main interested in seeing this process of the stakeholders have adequate time and move forward. A regulatory framework ator from New Mexico is recognized. opportunity to review and comment before is needed in order to clarify the range Mr. DOMENICI. Mr. President, I won- publication of the final regulations. of development options. der if the Senator from Colorado, be- The successful development of economi- During the last several years, a hand- fore he yields, would engage in a brief cally viable and environmentally responsible ful of companies have worked to de- dialog with the Senator from New Mex- oil shale extraction technology requires sig- velop technologies that will allow for ico. I ask unanimous consent for 2 min- nificant capital investments and substantial economically and environmentally fea- utes for that purpose. commitments of time and expertise by those The PRESIDING OFFICER. Without undertaking this important research. Our sible development of this resource. While it may take many years of re- objection, it is so ordered. Nation relies on private investment to de- Mr. ALLARD. Mr. President, I with- velop new energy technologies such as this search to establish whether commer- draw my request to yield the floor. one. Even though commercial leasing is not cial leasing is viable, it is essential in anticipated until after 2010, it is vitally im- Mr. DOMENICI. Mr. President, I com- guiding the scope of study and further mend the Senator from Colorado. I un- portant that private investors know what analysis, including additional site-spe- will be expected of them regarding the devel- derstand he is the ranking member on opment of this resource. The regulations cific environmental impact statements that subcommittee. that Section 606 would disallow represent the that are likely to be needed prior to Mr. ALLARD. Yes. critical ‘‘rules of the road’’ upon which pri- any commercial-scale development. Mr. DOMENICI. The Senator tried vate investors will rely in determining Some have complained that it is too his best to inform those working on whether to make future financial commit- soon to begin drafting commercializa- this that this was not the way to han- ments. Accordingly, any delay or failure to tion regulations or that the pace at dle one of America’s most significant publish these regulations in a timely manner which the development is moving is too resources that might, indeed, sooner is likely to discourage continued private in- quick. I am not advocating that we vestment in these vital research and develop- rather than later take the place of the ment efforts. move forward inappropriately or in a crude oil we import from all over the The Administration opposes the House pro- way that is not sustainable. world. vision that would prohibit the Department It should be noted that section 369 of Right now, some of the major compa- from completing its oil shale regulations. I the Energy Policy Act also requires the nies in America are investing in tech- would urge the Congress to let the adminis- Department of Interior to host a com- nology which will completely change trative process work. It is premature to im- mercial lease sale in February of 2008, the way this asset oil shale will be de- pose restrictions on the development of oil but all who are involved in this process veloped; is that not right? It is going to shale regulations before the public has had an opportunity to provide input. are aware that it is premature to take be in situ instead of the old mining sys- Identical letters are being sent to Con- that step too soon. I have been sup- tem that would have been so tough en- gressman Norm Dicks, Chairman, Sub- portive of moving back the date of the vironmentally.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.017 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15850 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. ALLARD. Mr. President, this is a Mr. ALLARD. Mr. President, I thank and the best way you can honor them new process. I thank the Senator from the Senator for his comments on this is to get the policy right, get the policy New Mexico for his question. This proc- very important issue. correct. ess is becoming economically feasible I yield the floor. That is what the Feingold amend- and certainly protects the environ- The PRESIDING OFFICER. The Sen- ment does. How? Very simple. It says: ment. I know the Senator has been ator from Massachusetts is recognized. OK, Mr. Iraqi politician, you have had working hard on this particular issue Mr. KENNEDY. How much time re- your chance, your day; now you have on the committees on which he is a mains on this amendment? to take responsibility for your own leader, and I appreciate his recognizing The PRESIDING OFFICER. The pro- country. The way you are going to do the importance of us being less depend- ponents have 6 minutes 41 seconds. The that is that we are going to start bring- ent on foreign oil and the importance opponents have 5 minutes 20 seconds. ing American service men and women of this huge reserve that exists in sev- Mr. KENNEDY. Mr. President, I yield home. They have been unwilling to eral States throughout the West. This myself the 61⁄2 minutes. I ask if the take the political decisions up until is new technology. It is very promising. Chair will let me know when 1 minute now. The other side says pour more It is exciting. The byproduct from this remains. money in here and lose more American particular process I have been told— The PRESIDING OFFICER. The lives. and I have seen samples of it—is high- Chair will do so. The Feingold amendment is a grade jet fuel that needs further refin- Mr. KENNEDY. Mr. President, I sup- changed policy. It says we believe that ing because of the high sulfur nitrogen port this amendment, and I commend with the judgment and decision we are content. But it is a remarkable prod- my friend and colleague Senator FEIN- going to take to American servicemen, uct, and it is done in an environ- GOLD. It is wrong, basically and fun- then they will make the judgment and mentally friendly way. damentally, to give another blank decision that is in the interest of this Mr. DOMENICI. I thank the Senator. check to President Bush for his failed country. Their way hasn’t worked. This I want to say this is exactly what we Iraq policy. I support our troops, but I way will. Why not give it a try and a should not be doing: putting on a mora- oppose our war. chance? torium that stops rulemaking and the We have heard here in the last few What are some of the American mili- ordinary professional evolution of minutes and in the last few hours the tary personnel saying over there? BG standards by the appropriate Federal rather rosy picture about what is hap- John Campbell, deputy commanding agencies to address the utilization of pening over in Iraq. I think everybody general of the 1st Cavalry Division in one of America’s most profound solu- in this Chamber salutes the brave men Iraq, spoke bluntly about the faults of tions to our energy crisis. Because the and women for their courage, bravery, Iraq’s political leaders. He said: price of oil has gotten so high, it is in- and valor over the last 5 years. This The ministers, they don’t get out . . . They war has been going on for 5 years. We don’t know what the hell is going on on the deed feasible to develop shale oil in ground. America and substitute it for diesel do know there has been some progress This is the brigadier general, the dep- and crude oil products that are bought made in recent times on the military uty commander, talking about the from overseas. I know that. I need not aspect. But as every member of the Iraqi political leaders, and you want to ask anybody any questions about that. Armed Services Committee under- give them a blank check? Well, those That is why we put the language in the stands, everyone who has had a respon- of us who support the Feingold amend- big energy package, and that is why a sibility in Iraq who appeared before the committee has said there are two di- ment say no. candidate running for Senate in the Army LTC Mark Fetter put it this mensions for finally getting peace in State of Colorado should not pander to way: those who just want to take out after Iraq: One is military, and one is polit- ‘‘It is very painful, very painful’’ to this product that could indeed be one ical reconciliation. That has not taken deal with the obstructionism of Iraqi of America’s salvations. The people in place. officials. the State of Colorado and in America Day after day after day after day, our There it is. How much clearer does it ought to know it. The person who did men and women are on the streets of have to get? How much more of a blank this, who put the moratorium on wants Baghdad and around Iraq, and more check do you need? How many more to be a Senator, I understand. American servicemen have lost their billions of dollars do you have to The first thing we ought to find out lives this year than in any other year spend—let alone that we will never re- is does he want America to have a of the Iraq war, make no mistake cover the 81 brave men and women chance to be independent of foreign oil. about it. As we can see, these brave from Massachusetts who lost their This is one that might do it. You can men and women in Baghdad, and all lives. That cannot be recovered. imagine that in 15 or 20 years, oil over, are still being targeted in Iraq. Think of this: For every month that would be produced from this shale, and They are basically being held hostage goes on in that battle over in Iraq, we it can be taken right out of the ground by the Iraqi political establishment. could have 250,000 more schoolteachers and used, because they boil it in the American military personnel, Amer- who are experts in math and science ground. That is the new technology. ican service men and women are being teaching our young people. For every I am not very impressed with some- held hostage by Iraq’s political leader- month that goes on, just think that body who comes along on a bill such as ship, which refuses to come together every child who needs after school help this and deals with this kind of re- and reconcile their differences and and assistance would be able to receive source in a willy-nilly manner, to re- form a government. it in the United States of America. spond or pander to those who don’t Every day that goes on, the Amer- Just think, for every month this goes want the United States on its own to ican taxpayers’ money is being poured on, we could provide Head Start for do anything to develop energy. They into the sands of Iraq, because Iraqi every young person who needs it. Just might say we could not do it before. Of politicians refuse reconciliation and think of this: If we could have the re- course not. You could not develop it at political judgments in Iraq. That is sources for 2 years, we could rebuild $25-a-barrel oil. But you certainly can what is going on over there today. That and repair every public school in this at $50, and there is no question you can was going on yesterday, and it has been country that is in need. Doesn’t that at $80 or $90. That is what America’s going on for 5 years. matter? Well, it matters to this Sen- future is all about. What the other side says is let’s give ator, and it matters to those who are I thank the Senator for his work. I this administration and this President supporting the Feingold amendment. am sorry it didn’t work. At least those a blank check to continue it. How long It is wrong to neglect priorities such who put that in know somebody is do they want it for? When is enough as these at home and pour hundreds of looking out for them. It won’t be there enough? That is what they are asking billions of dollars into the black hole next year. This Senator will see to it for. That is what they are asking for. that the Iraq war has become. It is that we have a debate and vote on that For 5 long years, these brave men and wrong to give the President another issue before that happens. I thank the women in the Armed Services have huge blank check for the war in Iraq. Senator for yielding. done what they have been asked to do, Enough is enough.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.108 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15851 I urge my colleagues to take a strong Let them be with their families and let for those troops in 9 months. We have stand and vote against this gigantic the Iraqis take care of Iraq. taken this vote three times already blank check for more war. I yield the floor. this year. That is three times we voted Mr. LEAHY. Mr. President, I support The PRESIDING OFFICER. Who on this this year. It has failed on a bi- the Feingold-Reid-Leahy Amendment yields time? partisan basis each time, and with good because it specifically requires the The Senator from Alabama is recog- reason. President to begin the redeployment of nized. I urge my colleagues to oppose the American forces in Iraq within 90 days. Mr. SESSIONS. Mr. President, I ask Feingold amendment one more time. Within 9 months of enactment, the re- unanimous consent that I be recog- Mr. REID. Mr. President, in a short deployment would be completed and nized for 2 minutes. time we will move to vote on three funding terminated for Iraq operations The PRESIDING OFFICER. The Sen- amendments to the Omnibus appropria- with narrow exceptions for a limited ator is recognized for 2 minutes. tions bill. number of counterterrorism, force pro- Mr. SESSIONS. Mr. President, we Each of them takes a different ap- tection, and troop training missions. know what the situation is, and we are proach to funding the war in Iraq. I will vote for the Feingold/Reid The President’s so-called ‘‘surge’’ is a great nation. We are not at liberty to amendment, which I have cosponsored just another word for escalation. It has flip-flop around every time there is some change afoot in some polling and voted for several times this year. failed to set the lasting conditions for Feingold/Reid is the right approach data. We voted this summer 80 to 14 to peace. Violence, though down, still to begin to responsibly end the war, give General Petraeus a chance. We continues at horrifying rates. The var- and I will vote for it again today. ious Iraqi factions have made little funded the surge and we funded his new The second amendment is Levin/ progress towards political reconcili- strategy. At the time we did that, Reed, which I will also vote for. ation. The deadly rifts in that war-torn things were not going well in Iraq. We Finally, we will vote on the McCon- country have only grown deeper. The had a tough year, there is no doubt nell amendment, which I will strongly Iraqi government has done little to about it. In the last few months and in vote against. This amendment simply support the few encouraging trends the last few weeks, we have seen dra- does more of what congressional Re- like the willingness of some Sunni matic changes under the surge and publicans have done since the war groups to turn against the insurgency. under the classic counterinsurgency began: The only thing that is going to force strategy this brilliant general is con- It rubberstamps President Bush’s the Iraqis to come to terms—the only ducting. So I say let’s allow him to reckless management of the war that way to get Iraq’s neighbors involved in conduct this war. Let’s allow General has cost us so dearly in lives, limbs, bringing about peace there—is to make Petraeus, a proven leader, to do so. and treasure. clear that our country is not going to Let’s reject the tactical decisions of The debate over supplemental war be there forever. We cannot afford to ‘‘General’’ FEINGOLD and ‘‘General’’ funding is nothing new. spend more of our precious resources KENNEDY. We have a professional there Every year, President Bush comes to and to spill more of the precious blood who is achieving things beyond what I us demanding more and more funds for of our troops if the Iraqis will not take would have thought possible a few Iraq, with absolutely no account- responsibility for their own future. months ago, actually. I hoped and be- ability. This year, he requested a stag- There is a way to begin to right the lieved we were going to see progress, gering $200 billion for Iraq and Afghani- wrongs of the President’s failed policy but the extent of it is remarkable. stan. on Iraq. That better path involves ef- The last thing we need to do is to At a time when he and his allies in fective diplomacy and a strong signal take action to pull the rug out from Congress are telling us we can’t invest about our finite military presence in under the fabulous men and women in medical research, education, infra- Iraq, not this senseless waste of money who are serving us at great risk this structure, or public safety, they want and lives. The Feingold-Reid-Leahy very moment, whose highest and deep- billions and billions more for Iraq. Amendment offers the real promise of est wish is to be successful, to execute How will our country pay the bill for a long-term positive outcome for our the policy we gave them by a three- the Iraq war? A Cost that when all is security and the people of Iraq. I urge fourths-plus vote several years ago. done will likely exceed $2 trillion? The President has no idea. He has no the amendment’s adoption. I thank the Chair and reserve the re- The PRESIDING OFFICER. The Sen- mainder of the time. plan or intention to pay the bill. He is simply sticking it in a drawer like an ator from Vermont is recognized. The PRESIDING OFFICER. Who Mr. LEAHY. Mr. President, what is yields time? overdue credit card statement, leaving the time remaining? The Senator from Wisconsin is recog- it to our children and grandchildren to The PRESIDING OFFICER. Seven- nized. pay for generations to come. That is not just fiscal irrespon- teen seconds. Mr. FEINGOLD. Mr. President, I ask sibility, it is fiscal madness. But it is Mr. LEAHY. Mr. President, I ask unanimous consent that Senator CLIN- par for the course for a President who unanimous consent that we have 1 TON be added as a cosponsor of the inherited record budget surpluses from minute evenly divided added to the amendment. President Clinton and turned them time. The PRESIDING OFFICER. Without into record deficits. The PRESIDING OFFICER. Is there objection, it is so ordered. Every year, this war gets more ex- objection? Mr. FEINGOLD. Mr. President, I sug- pensive, and the American people de- Without objection, it is so ordered. gest the absence of a quorum. serve to know why. Mr. LEAHY. Mr. President, I came The PRESIDING OFFICER. The The answer is waste. The answer is here at the time of the Vietnam war. I clerk will call the roll. fraud. The answer is mismanagement. remember how people said maybe it The legislative clerk proceeded to The answer is incompetence. should end and maybe we should do call the roll. On President Bush’s watch, the com- something; the Vietnam war has gone Mr. MCCONNELL. Mr. President, I panies he chooses to do business with— on too long. We finally stopped it. I am ask unanimous consent that the order like Halliburton and Blackwater—have the only Vermonter ever to vote for the quorum call be rescinded. wasted billions and billions of our tax against the war in Vietnam. I voted The PRESIDING OFFICER. Without dollars. against funding for it, and the funding objection, it is so ordered. The President has allowed billions to failed in the Senate in April of 1975 by Mr. MCCONNELL. Mr. President, I be spent on buildings that were never one vote. The war ended. Two years urge my colleagues to oppose the Fein- built, projects that were never seen later, it was hard to find anybody who gold amendment. Simply put, this through, and contractor military oper- supported the war, even though we paid amendment mandates withdrawal from ations that did far more harm than for it for a long time. Iraq within 90 days, notwithstanding good. We have been in Iraq longer than we the substantial progress that even the That is why he asks for more every were in World War II. It is time to harshest critics acknowledge is occur- year—because he has grossly misspent bring our brave men and women home. ring there. Further, it cuts off funds the funds he has received.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.112 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15852 CONGRESSIONAL RECORD — SENATE December 18, 2007 This year, we have already passed a hero’s welcome they have so bravely our ability to address conditions in Af- $460 billion Defense budget—and this earned. ghanistan—and elsewhere—will be con- bill includes another $31 billion for Af- My fellow Democrats and I come to strained. ghanistan and troop protection. the Senate floor more times than I can The American people are rightly Democrats have fully funded the count to discuss the horrible cost of frustrated that more has not been done needs of our men and women in uni- the Iraq war on our troops, our na- to responsibly end the Iraqi war. form and given the President more tional security, and our reputation in I share that frustration. than enough to conduct the war and the world. But within the confines of a stub- begin to bring our troops home. We have lost nearly 4,000 young born, obstinate President and a Repub- But one thing we can’t control is his Americans. Tens of thousands more lican Congress that knows no other reckless financial mismanagement. have been gravely wounded. way but to carry his water, Democrats We have held hearings and brought As I have said already, hundreds of have made a difference—and a majority cases of waste and fraud to the light of billions of dollars have been spent— of Senators have consistently voted day. tens of billions have been recklessly with us. But ultimately, the inability to con- wasted—and the total price will climb Before Democrats controlled the Con- duct the war with the billions already into the trillions before all is said and gress, the Bush White House conducted allocated is no one’s fault but his. done. the war with total impunity. No dissent was tolerated. The patri- The President and his allies here in Our military has been stretched otism of those who raised questions Congress will doubtlessly push the paper thin. Colin Powell has said our was openly attacked. panic button and say that if we don’t Armed Forces are ‘‘about broken.’’ This year, Democrats have brought Every single one of our available approve the funds immediately, our the President’s recklessness into the troops will suffer. combat units is deployed to either Iraq harsh light of day. This argument is untruthful and be- or Afghanistan, leaving no strategic re- We forced the President to set bench- yond the pale. serves for other conflicts. marks for legislative and political Our Secretary of Defense, Robert And as the situation in Iran, the fal- progress and required regular reports Gates—a man for whom I have great tering of democracy in Pakistan, and on whether those benchmarks were respect—told Congress that the Army the escalating violence in Afghanistan being met. has enough money to get through the show, the world can evolve literally These reports have shown that the end of February and the Marines have overnight. surge has failed to reach the objective enough funds to get through mid- We must have the flexibility to re- set forth by the President of political March. spond, but right now we do not. reconciliation. If President Bush hadn’t wasted un- Our troops are being forced into re- We forced General Petraeus to tes- told billions, our troops would be fund- peated deployments, and the length of tify—and he has said repeatedly that ed for far longer than that. those deployments has gotten longer. the war cannot be won militarily and If the President had followed the Military families are deeply strained, must be won politically. wishes of the American people by military mental health is suffering, We brought to light the Blackwater spending the funds we gave him to and the Armed Forces are reporting controversy and forced Eric Prince to wind down the war instead of ramp it problems with both recruitment and testify. up, the existing funds would be more retention. And we put an end to the duplicitous than sufficient. Just this week, General Casey ac- Republican practice of claiming to sup- But he didn’t. He ignored the calls of knowledged this problem, saying—‘‘We port the troops but failing to protect the American people to responsibly end are running the all-volunteer force at a them in the field or provide for them the war. And he should accept the con- pace that is not sustainable.’’ back home. sequences of his mistakes by finally Our National Guard is hamstrung in Do I feel that enough has been done? changing course. its efforts to keep us safe at home, be- Of course not. But let me be clear: Democrats will cause much of their equipment has Time after time, the Republican mi- never let our troops suffer for the been shipped to Iraq. Every natural dis- nority has had a choice: stand with the President’s misdeeds. aster, from fire to flood, reminds us of President or stand with the American Democrats always have and always this growing crisis. people. will support our courageous men and Yet for all the cost and all the cour- Each and every time, they have cho- women in uniform who have given so age of our troops, this war has made us sen the President. much and received so little in return. no safer. I urge my colleagues to reject the It is Democrats who insisted upon a Let me remind my colleagues of the McConnell amendment. The time for 3.5 percent across-the-board pay in- most recent National Intelligence Esti- zero accountability is long past. I urge my colleagues to embrace the crease for everyone in uniform, which mate, which found that al-Qaida has amendments offered by Senator FEIN- the President opposed. regrouped and is now directing oper- It is Democrats who made right the ations from Pakistan, stronger than GOLD and Senator LEVIN. Let’s send our troops and all Ameri- awful conditions at Walter Reed and ever. cans a holiday gift: a message that the other veterans’ health care facilities Bin Laden remains free, taunting and United States Congress is ready to that took place on this President’s threatening us with new videos. bring this war, now nearly 5 years long, watch. Afghanistan—once viewed as a great to its responsible end. military success—has spiraled out of It is Democrats who provided a $3.5 Mr. FEINGOLD. Mr. President, I ask control. billion increase for veterans’ health for the yeas and nays. care after Republicans underfunded it The opium trade there is at an all- The PRESIDING OFFICER. Is there a for years. time high, violence is at its highest sufficient second? It is Democrats who passed the level since American intervention, and There is a sufficient second. Wounded Warriors Act to honor our recent reports indicate that the The question is on agreeing to the servicemembers and their families. Taliban has vastly stepped up its ef- amendment. I think we have heard enough of the forts. The clerk will call the roll. tired old Bush-Republican scare tactics It is no wonder that this week has The legislative clerk called the roll. that Democrats are putting our troops brought new reports that a panicked Mr. DURBIN. I announce that the at risk. Bush administration is conducting a Senator from Delaware (Mr. BIDEN), The facts speak for themselves. top-to-bottom review to stave off all- the Senator from New York (Mrs. CLIN- We have always stood with our men out chaos in Afghanistan and the back- TON), the Senator from Connecticut and women in uniform. We always will. slide of all past gains. (Mr. DODD), the Senator from Cali- But unlike Republicans, we believe I welcome this review. But as long as fornia (Mrs. FEINSTEIN), and the Sen- that truly supporting our troops means more than 160,000 troops remain caught ator from Illinois (Mr. OBAMA) are nec- beginning to bring them home to the in the crossfire of the Iraqi civil war, essarily absent.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.029 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15853 The PRESIDING OFFICER. Are there of Rhode Island, Mr. SMITH, and Mr. nounced by President Bush last Janu- any other Senators in the Chamber de- SALAZAR, proposes an amendment numbered ary. President Bush said the surge’s siring to vote? 3876 to amendment No. 3874. purpose was to give the Iraqi Govern- The result was announced—yeas 24, Mr. LEVIN. Mr. President, I ask ment ‘‘the breathing space it needs to nays 71, as follows: unanimous consent that further read- make progress in other critical areas’’ [Rollcall Vote No. 437 Leg.] ing of the amendment be dispensed and that ‘‘reducing the violence in YEAS—24 with. Baghdad will help make reconciliation The PRESIDING OFFICER. Without Akaka Harkin Murray possible.’’ Boxer Kennedy Reid objection, it is so ordered. The amendment is as follows: The President also said ‘‘America Brown Kerry Rockefeller will hold the Iraqi government to the Byrd Klobuchar Sanders (Purpose: To express the sense of Congress Cantwell Kohl Schumer on the transition of the missions of United benchmarks that it has announced.’’ Cardin Lautenberg Stabenow States Forces in Iraq to a more limited set Well, the administration has not done Durbin Leahy Whitehouse of missions as specified by the President on what it said it would do—hold the Iraqi Feingold Menendez Wyden September 13, 2007) Government to the benchmarks that it, NAYS—71 At the appropriate place, insert the fol- the Iraqi Government, has announced. Alexander Dole McCaskill lowing: Those legislative benchmarks include Allard Domenici McConnell SEC. . It is the sense of Congress that the approving a hydrocarbon law, approv- Barrasso Dorgan Mikulski missions of the United States Armed Forces ing a debaathification law, completing Baucus Ensign Murkowski in Iraq should be transitioned to the more the work of a constitutional review Bayh Enzi Nelson (FL) limited set of missions laid out by the Presi- Bennett Graham Nelson (NE) committee, and holding provincial Bingaman Grassley dent in his September 13, 2007, address to the Pryor Nation, that is, to counterterrorism oper- elections. Those commitments, made Bond Gregg Reed ations and training, equipping, and sup- 11⁄2 years ago, which were to have been Brownback Hagel Roberts Bunning Hatch Salazar porting Iraqi forces, in addition to the nec- completed by January of 2007, have not Burr Hutchison Sessions essary mission of force protection, with the yet been kept by the Iraqi political Carper Inhofe Shelby goal of completing that transition by the end leaders despite the breathing space the Casey Inouye of 2008. Chambliss Isakson Smith surge has provided. Snowe Coburn Johnson Mr. LEVIN. Mr. President, our Despite the breathing space the brave Cochran Kyl Specter amendment expresses the sense of the Stevens men and women wearing our uniform Coleman Landrieu Congress that we should have a goal for Collins Levin Sununu have provided the Iraqi leaders, despite Conrad Lieberman Tester the removal of most of our forces in a the breathing room and the breathing Corker Lincoln Thune reasonable time mainly as a way of space which young men and women Cornyn Lott Vitter telling the Iraqi leaders they must ac- Craig Lugar Voinovich putting their lives in harm’s way on Crapo Martinez Warner cept responsibility for their own fu- behalf of this Nation to give the Iraqis DeMint McCain Webb ture. Our amendment expresses the an opportunity to create a nation, they NOT VOTING—5 sense of the Congress. It is not legally have not used that breathing space. binding, but it puts us on record, and it Biden Dodd Obama And as a matter of fact, the Iraqi lead- Clinton Feinstein sends a message. It says it is the sense ers appear to be farther apart today of the Congress that: The PRESIDING OFFICER. On this than they were at the start of the The United States Armed Forces in Iraq surge. vote, the yeas are 24, the nays are 71. should transition to the more limited set of Under the previous order requiring 60 missions laid out by President Bush in his The Iraqi political leadership’s re- votes for the adoption of this amend- September 13, 2007, address to the Nation— sponse to the breathing space provided ment, the amendment is withdrawn. counterterrorism operations and training, by the surge has been stunning inac- The Senator from Vermont. equipping, and supporting Iraqi forces— tion. The Iraqi Parliament has sus- Mr. LEAHY. Mr. President, what is And we add— pended its session until the New Year, the parliamentary situation? in addition to the necessary mission of force thus ensuring that not 1—not 1—of the The PRESIDING OFFICER. Under protection, with the goal of completing that 18 legislative benchmarks that they the previous order, the Senator from transition by the end of 2008. committed to meet will be met this Michigan is recognized to offer an The primary aim of this amendment year. The President’s statement that amendment. is to keep the pressure on the Iraqi he will hold the Iraqi Government to Mr. LEAHY. And, Mr. President, is politicians to do what only they can the benchmarks it has announced is there a time allotted on the amend- do: Work out compromises, as they hollow rhetoric. To date, there have ment of the Senator from Michigan? promised to do long ago—to com- been no consequences for Iraqis’ fail- The PRESIDING OFFICER. There is promise the differences which divide ures to meet those benchmarks. 1 hour. them so as to ensure the currently rel- Whether the Iraqi political leaders Mr. LEAHY. Equally divided in the atively calm situation in many parts of decide to take advantage of this win- usual fashion? Iraq, including Baghdad, remains calm. dow of opportunity is, of course, their The PRESIDING OFFICER. Equally Our sense of Congress language is decision. The United States cannot divided. aimed at pressuring the Iraqi politi- make that decision for them. They are Mr. LEAHY. I thank the Chair, and I cians to seize the window of oppor- a sovereign country and have to decide yield the floor. tunity, as General Odierno put it, to what is best for themselves. But wheth- the PRESIDING OFFICER. The Sen- avoid a return to the violence that er the United States keeps an open- ator from Michigan. characterized the presurge period. ended commitment or establishes a AMENDMENT NO. 3876 TO AMENDMENT NO. 3874 The New York Times, in a story on goal for redeployment of most of our Mr. LEVIN. Mr. President, I send an December 5, quoted Iraqi Deputy Prime forces is our decision. That is not the amendment to the desk on behalf of Minister Chalabi as saying about the Iraqis’ decision. They can decide myself, Senator REID, Senator present situation in Iraq: ‘‘It is more a whether to live up to the commitments VOINOVICH, Senator HAGEL, Senator cease-fire than a peace.’’ Well, we need they made to themselves and to us— SNOWE, Senator REED, Senator SMITH, to make it clear to those Iraqi political solemn commitments, as far as I am and Senator SALAZAR, and ask for its leaders that a cease-fire is not good concerned, because it involves the lives immediate consideration. enough. They must take the steps to of American troops. Those solemn com- The PRESIDING OFFICER. The turn that cease-fire into a real peace. mitments have not been kept. We can- clerk will report. From all accounts, the surge has al- not force them to keep them, but we The assistant legislative clerk read ready produced some military progress. can decide whether we are going to as follows: The problem is that while the surge maintain an open-ended commitment The Senator from Michigan [Mr. LEVIN], has, up to this point, achieved some of our troops. for himself, Mr. REID of Nevada, Mr. military progress, it has not accom- Mr. President, how much time do we VOINOVICH, Mr. HAGEL, Ms. SNOWE, Mr. REED plished its primary purpose, as an- have?

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.032 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15854 CONGRESSIONAL RECORD — SENATE December 18, 2007 The PRESIDING OFFICER (Mr. tinction proposed by the House to fund and benefits to include support for our BROWN). The Senator from Michigan only those troops that are assigned to wounded warriors and death gratuities; has 24 minutes. Afghanistan. In my view, it is uncon- $50.2 billion for operation and mainte- Mr. LEVIN. I yield myself 3 addi- scionable for Congress to send the mes- nance activities to include fuel, spare tional minutes. sage to our troops that they will only parts, transportation, and equipment According to our own State Depart- get what they need if they are lucky maintenance, including $500 million for ment, the key threat to our effort in enough to be assigned to fight the war the commander’s Emergency Response Iraq is the failure of the Iraqi political in Afghanistan. What if they were as- Program, $1.4 billion for body armor leaders to reach a political settlement. signed to Iraq? Should they go without and personal protection equipment, Listen to what the State Department funds? and $9 billion for depot maintenance said in its own weekly status report of I believe it is our duty as Senators to funding to reset equipment and main- November 21, 2007. This is our State De- support the troops in the field and pro- tain force readiness. partment: vide them all the resources they need This amendment also provides funds Senior military commanders [U.S. com- to complete the mission they have been to continue our efforts to train and manders] now portray the intransigence of assigned. Unlike us, they do not get to equip the Iraqi and Afghan security Iraq’s Shiite-dominated government as the choose which battle they fight. They forces. That funding is critical so that key threat facing the U.S. effort in Iraq go where duty calls, without hesi- the elected governments in those coun- rather than al-Qaida terrorists, Sunni insur- tation. tries can effectively provide for their gents or Iranian-backed militias. Senator INOUYE and I were in Iraq own security and our troops can come Let me read that once again. This is during the Thanksgiving recess, and I home. our State Department saying what is can tell the Senate that the troops are There is also $4.3 billion for the Joint the key threat to our forces in Iraq. watching what is going on right here. Improvised Explosive Devise Defeat What they are saying is that it is not They will get the message over there, Fund which will help our troops detect the Iranian-backed militias, it is not and if the House amendment is ap- and defeat the No. 1 killer of our troops the Sunni insurgents, it is not the al- proved, it will be a real blow to the mo- in Iraq—the IEDs, the improvised ex- Qaida terrorists; the key threat facing rale of our forces. This particularly plosive devices we have heard so much the U.S. effort in Iraq, according to our concerns me, that some of my col- about. State Department, is ‘‘the intran- leagues would consider cutting off Mr. President, $6.1 billion is included sigence of Iraq’s Shiite-dominated gov- funds in Iraq at a time when we are for the procurement of equipment, am- ernment.’’ starting to see real progress and rec- munition, vehicles, missiles and air- We have to break that intransigence. onciliation. craft, including $946 million for Army How can Congress do it? How do we put I listened to the comments made by aircraft, $3.46 billion for Army vehicles pressure on the Iraqi political leaders? the Senator from Arizona, Mr. MCCAIN. and equipment, $703 million for Marine At a minimum, by at least expressing I am really pleased to see his strong Corps vehicles and equipment, and $266 our view that U.S. forces in Iraq should approval of the funding of our troops million for special operations forces transition to a more supporting and a that are deployed in harm’s way. equipment. less direct role, with a goal—a goal, In March, Ambassador Crocker and The amendment also includes $1 bil- just a goal—of completing that transi- General Petraeus will be testifying be- lion for the Defense Working Capital tion by the end of 2008. The message fore Congress to give us their assess- Fund, which includes $587 million to the Iraqi political leaders need to hear ment of the situation in Iraq. We know reset prepositioned stocks stationed is that Congress has lost patience with General Petraeus’s plans are working. around the world, which greatly en- them, as have the American people. By To withhold funding now would only hances our Nation’s ability to respond their own Prime Minister’s acknowl- invite defeat and step back from the to contingencies, and we have forces in edgment, a political solution is the progress that has been hard fought and 141 different—I ask for 1 more minute. only way to end the conflict, and end- won over the last few months. The PRESIDING OFFICER. The Sen- ing the conflict is in their own hands. I have urged Congress for quite some ator from Alaska. I wish we could legislate a legally time to approve this funding and allow Mr. STEVENS. It also provides $141 binding way forward for U.S. forces in progress to continue until we hear million for increased fuel costs, $3.7 Iraq. We have tried to do that. We have from our leaders on the ground in Iraq. billion to continue to enhance our in- not been able to break the filibuster, to The funds that are sent—the President telligence activities in the theater, $600 get to 60 votes. But at least expressing sent us the request for these funds 10 million for the Defense Health Pro- the sense of the Congress on this mat- months ago. For the past 3 years, the gram to provide for the care and recov- ter is better than silence because si- Committee on Appropriations has in- ery of our wounded servicemembers, lence implies acquiescence in the open- cluded bridge funding as part of the an- and $193 million for counterdrug activi- endedness of our presence. It is that nual appropriations bill to cover the ties to curb production of opium in Af- open-ended commitment which takes cost of war, until a supplemental bill ghanistan. the pressure off the Iraqi political lead- was passed in the following year. This Without these funds, the Department ers, and Congress needs to act to cor- amendment would continue what Con- of Defense would be forced to pay for rect that. Our amendment is a small gress has done in prior years by pro- the cost of war out of the regular DOD but important step in that direction. viding funds to cover the cost of con- moneys we have already appropriated. The PRESIDING OFFICER. Who tinued operations, including special This cost of this war is approaching $15 yields time? pay and subsistence to our troops, fuel, billion a month, with the Army spend- Mr. STEVENS. Mr. President, I yield transportation, supplies, and equip- ing $4.2 billion of that every month. myself 5 minutes from the time on this ment reset and procurement. Without relief, the Army will totally side. The amendment is intended to cover deplete their 2008 operations and main- The PRESIDING OFFICER. The sen- half-year costs for keeping troops in tenance funding by mid-February. ior Senator from Alaska is recognized. the field. It also provides resources to I urge the Senate not to take the risk Mr. STEVENS. Mr. President, I do provide critical force protection equip- that our troops in the field will not not support the Levin amendment. I ment, including body armor, helmets, have those resources they need in time rise in strong support of the amend- armor plate for vehicles, and aircraft to complete the mission they have been ment offered by our leader, Senator survivability equipment. assigned. I urge the Senate to support MCCONNELL, and the Senator from Con- There is also other equipment pro- the McConnell-Lieberman amendment. necticut, Mr. LIEBERMAN. That amend- curement funding to reset our forces I ask to have a chart showing the $70 ment will provide the Department of returning from theater. This includes billion bridge fund, as I tried to out- Defense and our deployed military per- buying down shortfalls for the National line, printed in the RECORD. sonnel the resources they need to con- Guard and Reserve units. Specifically, There being no objection, the mate- tinue the mission they have been as- the McConnell-Lieberman amendment rial was ordered to be printed in the signed. It will also eliminate the dis- would provide $1.1 billion military pay RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.129 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15855 $70 BILLION BRIDGE FUND the beginning of the war. I was quite This week, it was announced that the $1.1 billion for military pays and benefits taken with a quote from Condoleezza Iraq Government is ready to take over to include support to wounded warriors, and Rice recently, who said, ‘‘I wish we had local security groups, with our support. death gratuities. known more about Iraq before we went This is an important step, and it is a $50.2 billion for operation and maintenance in.’’ step in the right direction. We need to activities to include fuel, spare parts, trans- While in Iraq in August, I witnessed portation, and equipment maintenance in continue in this direction. We need to the field and at our national depots. a great deal of progress on the ground. make it our goal. We need to let the Provides $500 million for the Commander’s That gave me encouragement. How- Iraqis know that they must take more Emergency Response Program. ever, I was also convinced that it would responsibility for their own security. Provides $1.4 billion for Body Armor and not be possible to sustain the current We must make it clear to them that Personal Protection Equipment. level of troops and funding for Iraq we spent over $550 billion, that we have Provides $9.0 billion of Depot Maintenance over the long term without damaging lost almost 3,900 individuals, 26,000 peo- funding to reset equipment and maintain our national security and long-term ple have been wounded over there, and force readiness. Provides for the transfer of $110 million to fiscal health. half of them are going to be disabled the Coast Guard for support to GWOT. As stated before, I believe we need to for the rest of their lives. Provides $300 million for Coalition Sup- implement a plan to reduce our mili- We have paid a tremendous price. It port. tary presence in Iraq and focus the re- is time for them to step up to the table $2.9 billion to continue our efforts to train maining military presence on a more and start doing more for themselves. I and equip the Iraqi and Afghan security limited role. This is clearly the plan support this amendment so Congress forces. General Petraeus is implementing now, can send that message that we are not $4.3 billion for the Joint Improvised Explo- and it is the stated goal of the Presi- simply funding a never-ending conflict sive Device Defeat Fund to help our troops dent, as mentioned in the Levin detect and defeat the number one killer of in Iraq, we have a goal of reducing our our troops in Iraq. amendment, supported by Secretary presence there, and we are working to- $6.1 billion for procurement of equipment, Gates and others who are concerned ward it. ammunition, vehicles, missiles, and aircraft. about our force level, and that we need I hope my colleagues realize the sen- Includes $946 million for Army Aircraft; more troops in Afghanistan. I have sibility behind this very simple piece of and $3.46 billion for Army vehicles and equip- been working with Senator LEVIN for legislation and join me in supporting it ment. several months now to come up with a today. Includes $703 million for Marine Corps ve- piece of legislation that could secure The PRESIDING OFFICER. The Sen- hicles and equipment. Provides $266 million for Special Oper- bipartisan support in the Senate and ator from Virginia. ations Forces equipment. send a message to the President and Mr. WARNER. Mr. President, it had $1.0 billion for the Defense Working Capital the world that the Congress intends to originally been established that I Funds. exercise oversight to ensure we are would speak now, but I am going to Includes $587 million to reset Prepositioned making progress toward this goal. I yield the time I have to the distin- Stocks stationed around the world and have been careful to avoid supporting guished Senator from South Carolina greatly enhances our nations ability to re- any measure that I thought would hurt for 5 minutes. sponse to contingencies. our troops in any way, tie the hands of The PRESIDING OFFICER. The Sen- Provides $141 million for increased fuel ator from South Carolina is recognized. costs. our brave commanders in the field, or $3.7 billion to continue and enhance our In- prevent the President from responding Mr. GRAHAM. Mr. President, I say to telligence activities in theater. to the situation on the ground. my friend from Virginia, thank you. I $600 million for the Defense Health Pro- In September, I introduced a bill do hope you will take an opportunity gram to provide for the care and recovery of with Senators ALEXANDER, COLEMAN, to speak because your voice needs to be our wounded service members. and DOLE to strive for a goal to reduce heard. $193 million for Counter-Drug activities. our military presence. We had bipar- I say to my good friend Senator Mr. STEVENS. I also thank my col- tisan support for that, but Senator LEVIN, we have had a number of leagues for their continued support of LEVIN and I had a problem with the chances to work together. I am afraid the troops in the field. date. Unfortunately, it fell by the way- this is not one of those moments. I yield the floor. side. What does all of this mean if this lan- The PRESIDING OFFICER. Who I support the Levin amendment, and guage passes? The bill will get vetoed. yields time? The senior Senator from I am a cosponsor to this legislation be- And when you read the language, what Virginia is recognized. cause I believe it is a very simple piece is so bad about it? I know the intent of Mr. WARNER. Mr. President, if I of legislation that accomplished the the author is to try to make Iraq a bet- could get the attention of the distin- goals we all share. It sends the message ter place, and he said for as long—I do guished chairman, might it be advis- that we support the President’s de- not want to misquote him—as long as able that we rotate sides? I will be clared goal of reducing our presence in you have this many troops in Iraq, happy to follow a colleague on your Iraq over time so we can play a more they are not going to do what they side for purposes of this debate. supportive role, bring our forces home, need to do politically. They use the Mr. LEVIN. Fine. That is fine with and reduce the burden on our military. troops as a crutch. I think that is the us. I yield 5 minutes to the Senator It is a sense of Congress and will not general theme, that we need to some- from Ohio, and we will come back to bind the President in any way or tie how let the Iraqi Government know we you. the commanders’ hands in the field. It are not going to be there forever with Mr. WARNER. Fine. The Senator is supported by the President’s own de- this number of troops. You need to step from Ohio is in support of the amend- clared goals and that of his com- up to the plate, generally speaking. I ment of the Senator from Michigan? mander, General Petraeus—who is think that is your view of how to put Mr. LEVIN. That is correct. doing, by the way, an incredible job. It pressure on the Maliki government to Mr. WARNER. Mr. President, I ask provides a goal for limiting our role in reconcile, but, again, I will let you that I be recognized following the Sen- Iraq, and that goal is to end at the end speak for yourself. ator from Ohio for 5 minutes. of next year. But, unlike other past My view is that the lack of security The PRESIDING OFFICER. Without legislation, this date is not legally has been the biggest impediment to objection, it is so ordered. binding and would allow the President reconciliation, and the security The Senator from Ohio is recognized. to respond according to the security changes in Iraq give us the best hope Mr. VOINOVICH. Mr. President, I conditions on the ground. we have had in 4 years of finding a way rise today to speak in favor of the I believe this amendment will not forward politically in Iraq. If we Levin amendment on Iraq. As my col- hurt our aspirations in Iraq in any way change by word or deed or perception leagues know, I have long supported a but will actually help our President our commitment to the military strat- greater level of oversight in the war in and General Petraeus, who are striving egy that is currently working, we Iraq. Many of us feel we should have now to hand over more responsibility would be undercutting our best chance done a better job of force oversight at to the Iraqis. for reconciliation.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.034 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15856 CONGRESSIONAL RECORD — SENATE December 18, 2007 This amendment, this sense-of-the- ment could essentially begin a rec- Those are three discrete missions Senate amendment, does not do any- onciliation among its own people, that can be done, should be done. There thing positive. It sends the signal I begin to function effectively. Little or is no attempt in this amendment to cut have been trying to avoid for well over none of that has happened. off funding. There is an attempt, a year now. For 31⁄2 years we had the What has happened is that the vio- though, to focus our policy on a strat- wrong strategy. Finally we have the lence has been reduced. That is com- egy that will work over time. What we right strategy, and in my opinion, the mendable. It is attributable to several have here is no simple situation in best, sensible thing the Senate could do factors; first, the increase of American which you have got an al-Qaida rogue is allow the surge to go forward with- forces there and the way they have group we are going after. This is a very out any interference, give General been deployed very adroitly by our complicated situation. Petraeus and those under his command military commanders; secondly, the Ultimately at the heart of this, it is what they need to finish the job. They fact that coincidentally but pro- a political struggle between Sunni, have done a wonderful job. We are pitiously in Anbar Province, Sunni Shia, and Kurds; Sunnis, who feel a going into the holiday season here and tribesmen have finally figured out that profound sense of entitlement which every American, every political leader, al-Qaida is as much a threat to them as has been frustrated by our operations should celebrate what I think has been to anyone else, particularly Americans. over there, and the departure of the the most outstanding military oper- They have banded together with us to Baathist regime; Shia, who feel pro- ation in counterinsurgency history, attack al-Qaida elements there. How foundly paranoid because they suffered and we should not have any more de- long that relationship of convenience grievously under that regime; and bates about that. It is a fact now. We lasts is a question that has not been re- Kurds, who want their autonomy. should support it without reservation. solved. These political forces have to be set- This amendment, the sense of the Within Baghdad, there has been sig- tled. They will only be settled inter- Senate, will send a confusing signal nificant ethnic cleansing. In fact, we nally by the Iraqis standing up. This about what we intend to do militarily. recall just weeks ago, refugees started amendment will help direct that pol- The Senate, in my opinion, should not coming back. They were told by the icy, force them to recognize we are not try to change the mission. The mission Government in Baghdad: Do not come there indefinitely with a blank check. is to win. Very simply put, what is my back. You are going to provoke an- It will also guide our forces to missions goal in Iraq? My goal is to win a war other destabilizing situation. That eth- that we can perform, that will be es- we cannot afford to lose, to have a nic cleansing is one other factor. sential to our security and will allow Sadr, the leader of the Shia in the military footprint in Iraq as long as it us, I believe, to do what we can to help South, one of the purported leaders in takes to keep al-Qaida on the run, and that country stabilize itself. the South, has basically told his Mahdi This is a message. It is a message to when we come home, which we surely army to stand down for 6 months so he the troops that we are going to adopt a will, to come home with victory in can reorganize, so he can regroup, so wise, sustainable policy that is worthy hand and let the military commanders when he feels the moment is right he is of their sacrifice. It is a message, I who are not worried about the 2008 in a much more powerful position to hope, to the President that he cannot election decide when that transition strike. should take place. Quite frankly, as Then the administration has finally come back here every 6 months and ask much as I love my colleagues in this embraced some diplomatic efforts; for 5, 10, 50, 70, 80, $100 billion. It is a body, I do not trust anybody, including quietly, I think, with the Iranians, message to the Iraqi politicians that myself, to transition this mission other much more publicly with the Syrians they must seize this moment. than General Petraeus. and others. All of those factors to- I urge passage. This statement will be seized upon by gether have contributed to this reduced The PRESIDING OFFICER. Who people who are following this bill very violence. yields time? closely and will send all of the wrong But here is one of the most signifi- Mr. WARNER. Mr. President, I yield signals, and that is why it will be ve- cant and salient facts we have to recog- 5 minutes to the distinguished Senator toed. The most sensible thing the Sen- nize: The surge is over. Our force struc- from Connecticut. ate could do, and we should have done ture will not allow a continuation of Mr. LIEBERMAN. I thank my friend this 4 or 5 months ago, is allow the 160,000 American forces in Iraq beyond from Virginia. surge to go forward without political the middle of this year, beyond this I rise to support the amendment I am interference. This is not the time to summer. That is not because some poli- privileged to cosponsor with the Sen- take command of the operation in Iraq tician in Washington said so, that is ator from Kentucky, Mr. MCCONNELL, from General Petraeus and his com- because the Chairman of the Joint which would give our troops, General mand team and give it to the Senate. Chiefs of Staff, because the Chief of Petraeus in the field, the funding they I hope and pray we will allow the Staff of the Army understand that the need to carry on the fight they are car- surge to be funded, to go forward, and operational tempo will not allow that. rying on so successfully. to achieve the goal that is in the na- The question before us is: Well, what As a result, I rise to oppose the tional interest of the United States, is the strategy now? Is the strategy amendment introduced by my friend and that is victory, victory over extre- coming here and asking for billions of from Michigan and others. Nine mism and support of moderation. So dollars every 3 or 4 months? Asking for months ago, when General Petraeus this attempt at making a political troops that cannot be actively or effec- took command in Baghdad, people of statement is ill-advised, comes at the tively provided, because our force good conscience could disagree about wrong time, sends the wrong signal. structure is too small? whether his new counterinsurgency The most sensible thing the Senate The essence of this amendment, an strategy would succeed, unless you de- could do is reject this and allow our amendment that Senator LEVIN and I cided that everything was lost in Iraq military commanders to transition and others have been pursuing for or it did not matter if we lost in Iraq. based on facts on the ground, not the months now, is to focus on a strategy I think most of us do not feel that way. next poll or the next election. that can be sustained and supported so We know it would matter, because we I yield the floor. we can do what we must do. That strat- are engaged in a battle with al-Qaida, The PRESIDING OFFICER. Who egy, in our view, boils down to three the same al-Qaida that attacked us on yields time? very specific missions: Go after the ter- 9/11, and Iran, the most significant Mr. LEVIN. Mr. President, I yield 5 rorists, the al-Qaida people, wherever state sponsor of terrorism, according minutes to the Senator from Rhode Is- they are; train Iraqi security forces to to our own State Department, sup- land, Mr. REED. support their country, because ulti- porting militias and extremists in Iraq. Mr. REED. Mr. President, Senator mately the Iraqi people and their lead- So it matters. LEVIN has very eloquently pointed out ers will decide whether their country But 9 months ago, people who cared the premise of the President’s surge will survive and prosper, not American about whether we won or lost in Iraq strategy; that was to provide the polit- forces; and, finally, protect our forces could argue about whether the surge ical space so that the Iraqi Govern- on the ground. strategy would work. After so many

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.133 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15857 mistakes, frankly, in the conduct of lowed by perhaps a minute and a half amendment who are also going to vote the war in Iraq, many Americans, by the Republican leader, and then for the McConnell amendment. There many Members of this Chamber, were that way we can yield back time. I will is no inconsistency whatsoever be- understandably skeptical about the proceed to give my comments. tween sending our troops the funding possibility of this new counterinsur- I say to my good friend from Michi- which has been requested and having a gency strategy succeeding. gan that I picked one word out of his goal for the transition of their mission Now, however, the evidence is un- very impressive opening comments. I to something which gets them out of equivocal. I will say it is remarkable. agree with his opening comments the middle of a civil war. That is the In some cases it is downright miracu- about the tragic situation by which the one point I wish to make immediately lous. The surge is working. As a result, leadership in Iraq, their legislative to my good friend from Virginia. it is time to support General Petraeus, body, has failed to act. I yield 4 minutes to the Senator from his plan, and his troops, not to second But one word you said impressed me, California. guess, not to editorialize about it, not and that is ‘‘military progress is being Mrs. BOXER. Mr. President, it seems to add conditions or goals to it. made.’’ That is an exact quote you to me if you want to liberate the Iraqi Let’s do something that we in Con- used. You felt if we didn’t speak by people, then you give them back the gress do not do very well, which is to adopting your amendment, there would country and you let them know that is remain silent in the face of something be silence. I say to my good friend, the what this is all about. We have been that is working. With all respect, the amendment by the distinguished Re- there 1 year, 2 years, 3 years, 4 years, 5 Levin amendment is a classic case of publican leader and the Senator from years. We have spent a half a trillion snatching defeat from the jaws of vic- Connecticut, the McConnell-Lieberman dollars; 3,893 of our own killed, 28,711 wounded. Is this forever? I went tory, because we are on the road to vic- amendment, will send a very strong through the period of time in the Viet- tory in Iraq. message. Were we to adopt your The extra American troops have amendment, it would be in conflict nam war where the people of this coun- played a critical part, the broad-scale with that message. That is my concern. try stood up and said: Enough is enough is enough. It seems to me what counterinsurgency strategy. And what Therefore, I must say, I strongly sup- Senator LEVIN is doing—and I am so has happened? Violence is down. I port the McConnell-Lieberman amend- proud he has bipartisan support, Sen- think this number has been cited, but ment. I hope that will be voted on very ators HAGEL, VOINOVICH, SNOWE, this week, MG Joseph Fil, who is the shortly. I do believe, in all sincerity, SMITH—is good. This shows we are be- commander of our operations in Bagh- your amendment would send a con- ginning to cross over party lines, which dad, said that attacks in the capital flicting message. That message could is so important, and say: It is time the city have fallen nearly 80 percent since be exceedingly troublesome. People mission changes. November of 2006; murders in Baghdad don’t understand the phraseology My dear friend from Virginia talks Province are down by 90 percent over ‘‘sense of the Senate.’’ Al-Qaida would about the Brits. This is exactly what the same period; and vehicle-borne simply clip that off and then announce the Brits have already done. They are bombs which have killed so many of that we are going to leave in Decem- getting out. They have turned the keys our troops and the Iraqi people have ber, irrespective of the facts on the of the city over to the Iraqis. They are dropped by 70 percent. ground. Furthermore, we have not been ahead of us. In many ways, this resolu- There is a people’s uprising occurring in this fight alone. We put together a tion tracks what they have done. I read in Iraq today. It started with the awak- coalition of forces, a coalition of na- it. It is very simple. It is a sense of the ening in Anbar. It has now gone on to tions, primarily Great Britain and oth- Congress that the missions of the U.S. Baghdad and other provinces through- ers, Poland. So far as I know, there has Armed Forces should be transitioned to out the country. I know those sponsors been no consultation with respect to a more limited set—counterterrorism, of this amendment have said they want your amendment to announce a goal by training, equipping, supporting Iraqi to send it as a message to the Iraqi na- December of next year with those other forces, and force protection. Yes, we tional political leadership to get with fighting forces that, while they are are sending a message to the Maliki it, to reconcile. Of course, we are all smaller in number, are no less impor- Government, get your act together be- frustrated by their lack of progress in tant as a symbol of the united effort of cause we are not going to be here for- doing that. A lot of us thought that the many nations to achieve, first, sov- ever. The American people are gen- political changes in Iraq would come ereignty in Iraq, which has been a won- erous and good people. But there is a from the top down. But what has hap- derful goal that has been achieved, and limit to how much they can give in pened is something not to disparage, now to enable that country to take its terms of blood and treasure. not to ignore. What has happened is place rightfully in that region and be a It is true that many people sup- classically democratic, in the best tra- strong voice for freedom and to fight porting this resolution are going to ditions of America. The political al-Qaida. vote for the McConnell amendment. I changes in Iraq are coming from the I say to my friend, I will have to op- will not be one of them. I wish to speak bottom up, from the grassroots up. pose his amendment because it would against it for my remaining time. I Local councils are governing in area send a totally conflicting message with have a list of what we have already after area. The local people have taken the underlying amendment, which is a spent. A half a trillion dollars, that is charge of their destiny. They have very significant appropriation of funds what we have already spent, and we are kicked out al-Qaida. They have kicked to continue, as you say, in your very about to go well over that mark, to- out al-Qaida because they decided that words, the ‘‘progress’’ of the military ward a trillion dollars. There comes a al-Qaida was their enemy. And we, so far. time when we have to ask ourselves: much to their surprise, turned out to I yield the floor. What are we doing in Iraq? If you listen be their friends, their supporter. They The PRESIDING OFFICER. Who to the President, it is to bring freedom. understand we do not want conquest in yields time? He said it was the weapons of mass de- Iraq. We want to liberate them from Mr. LEVIN. Before I yield to the Sen- struction. Then he changed that. He the forces of extremism. The same is ator from California, let me respond said it was to get Saddam. We got Sad- happening throughout the country. briefly to my friend from Virginia. dam. Then he changed it. He said we I urge my colleagues, let success There is no inconsistency between vot- have to have free and fair elections. alone. Let it work. Oppose the Levin- ing to adopt a sense-of-the-Senate reso- They had two. He said we have to re- Reed amendment and support the lution expressing as a goal, nonbinding, construct. We are spending money to McConnell-Lieberman amendment. that we complete a transition to a reconstruct. I yield the floor. more limited mission, a mission which It is now time to say enough is The PRESIDING OFFICER. Who the President says he wants to transi- enough. I think the Levin resolution is yields time? tion to by the end of next year and at not putting into place binding dead- Mr. WARNER. Mr. President, I think the same time voting for the McCon- lines. It is merely saying to the Iraqi I can almost speak for our side with nell amendment. There will be many Government we want them to step up certainty. I have a few comments, fol- Senators voting for the Levin-Reed to the plate.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.135 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15858 CONGRESSIONAL RECORD — SENATE December 18, 2007 If my colleagues want to be seen as The PRESIDING OFFICER. Who Depot Maintenance ...... 7,840,027 occupiers, vote against this amend- yields time? Total, O&M, Army .... 35,152,370 ment because that is what is hap- The Republican leader is recognized. Operation and Mainte- pening. We are seen as occupiers, when Mr. MCCONNELL. Mr. President, if nance, Navy: we want to be seen as liberators. If you we want a Presidential signature on Operating Expenses ...... 2,971,658 want to be seen as liberators, you do the Omnibus appropriations, thereby Body Armor and Per- what the Brits did. This is exactly finishing our work this year, we need sonal Protection Items 175,000 Depot Maintenance ...... 407,342 what Senator LEVIN is doing. I am to defeat the Levin amendment and ap- Coast Guard Support ...... 110,000 pleased to support this. I will be voting prove the McConnell amendment, no on McConnell. which will come shortly after the Total, O&M, Navy .... 3,664,000 I thank the Chair and yield the floor. Levin amendment. The McConnell Operation and Mainte- The PRESIDING OFFICER. Who nance, Marine Corps: amendment provides $70 billion for our Operating Expenses ...... 3,000,000 yields time? troops, whether they are in Afghani- Wounded Warrior, En- Mr. WARNER. Mr. President, I be- stan or Iraq, without any strings at- hanced Soldier and lieve we are about ready to vote on this tached, without any stipulations. The Family Support ...... 100,000 side. We are going to have our leader key to finishing our work this year Body Armor and Per- speak for a minute, and then we can sonal Protection Items 375,000 successfully lies in defeating the Levin Depot Maintenance ...... 490,638 proceed. I simply, once again, say to amendment and approving the McCon- my distinguished colleague from nell amendment. Total, O&M, Marine Michigan, while we are waiting for the Mr. President, I ask unanimous con- Corps ...... 3,965,638 Republican leader, with due respect, sent that an explanatory statement be Operation and Mainte- nance, Air Force: this will send a very conflicting mes- printed in the RECORD. sage. If the Senate acts upon this ap- Operating Expenses ...... 4,060,814 There being no objection, the mate- Body Armor and Per- propriations tonight favorably, as I an- rial was ordered to be printed in the sonal Protection Items 400,000 ticipate it will, coupled with your mes- RECORD, as follows: Depot Maintenance ...... 317,186 sage, it could be misconstrued. There- EXPLANATORY STATEMENT SUBMITTED BY Total, O&M, Air fore, I strongly urge that the Senate SENATOR MCCONNELL, SENATOR STEVENS, accept the McConnell-Lieberman Force ...... 4,778,000 SENATOR COCHRAN, SENATOR INOUYE, AND Operation and Mainte- amendment but reject the amendment SENATOR LIEBERMAN REGARDING SUPPLE- nance, Defense-Wide: of the distinguished Senator from MENTAL APPROPRIATIONS FOR THE DEPART- Joint Staff ...... 32,140 Michigan. MENT OF DEFENSE Special Operations Com- The PRESIDING OFFICER. The Sen- The following tabular data delineates by mand ...... 1,054,000 ator from Michigan. appropriation the funding provided by the Armed Forces Informa- Mr. LEVIN. The message is not con- McConnell amendment (related to supple- tion Service ...... 9,300 flicting at all. There is no conflict be- mental appropriations for the Department of Defense Contract Audit Defense) to H.R. 2764, the State, Foreign Op- Agency ...... 7,100 tween saying we are going to support Defense Contract Man- our troops, we are not going to reduce erations, and Related Programs Appropria- tions Act, 2008. agement Agency ...... 3,000 funding for them, and at the same time In regard to classified activities funded in Defense Human Re- have a goal a year hence for when they this amendment, a separate letter from the sources Activity ...... 4,100 Defense Information Sys- transition to the more limited mission. Chairman and Ranking Member of the De- tems Agency ...... 44,510 There is not the slightest inconsist- fense Subcommittee of the Committee on Defense Logistics Agency 48,200 ency. It is not a conflicting message. If Appropriations will delineate the programs Defense Legal Services we are interested in success in Iraq, and activities funded by this amendment. Activity ...... 9,900 there is only one way to achieve it—for [Dollars in thousands] Department of Defense the Iraqi politicians to reach agree- TITLE I—MILITARY PERSONNEL Education Activity ...... 155,000 ment on their differences which have Military Personnel Army: Defense Security Co- continued the conflict. That is not just Pay and Allowances ...... 13,700 operation Agency—Co- Wounded Warrior ...... 68,800 alition Support ...... 300,000 me saying it. That is our military lead- Lift and Sustain ...... 100,000 ers. Global Train and Equip .. 300,000 I wish to read this quote because I Total, Military Per- sonnel, Army ...... 782,500 Office of the Secretary of am not sure people have focused on it. Military Personnel, Navy: Defense ...... 42,500 This is our State Department. I ask my Pay and Allowances ...... 95,624 Washington Head- colleagues to listen to this very brief quarters Services ...... 7,200 Total, Military Per- quote from our State Department: Total, O&M, Defense- Senior military commanders portray the sonnel, Navy ...... 95,624 Military Personnel, Marine Wide ...... 2,116,950 intransigence of Iraq’s Shiite-dominated Operation and Mainte- government as the key threat facing the U.S. Corps: Pay and Allowances ...... 56,050 nance, Army Reserve: effort in Iraq rather than al-Qaida terrorists, Operating Expenses ...... 68,036 Sunni insurgents or Iranian-backed militias. Total, Military Per- Wounded Warrior, En- Is that a conflicting message from sonnel, Marine hanced Soldier and Corps ...... 56,050 Family Support ...... 9,700 our State Department, when they iden- Total, O&M, Army Military Personnel, Air tify the political leaders of Iraq as Reserve ...... 77,736 being the major threat to our success? Force: Operation and Mainte- Pay and Allowances ...... 138,037 They are the major threat to our suc- nance, Navy Reserve: Operating Expenses ...... 41,657 cess. We all know it. Our military lead- Total, Military Per- ers have said it is the failure of the po- sonnel, Air Force ... 138,037 Total, O&M, Navy litical leaders of Iraq to work out their Reserve ...... 41,657 differences, which is the key problem Total , Military Per- Operation and Mainte- that keeps the battle going on between sonnel ...... 1,072,211 nance, Marine Corps Iraqis. That is our State Department. TITLE II—OPERATION AND MAINTENANCE Reserve: Operating Expenses ...... 46,153 Is that a conflicting message? I don’t Operation and Mainte- think so. nance, Army: Total, O&M, Marine It is the truth. Most of us recognize Operating Expenses ...... 25,158,543 Corps Reserve ...... 46,153 it. We are all completely unhappy with Wounded Warrior, En- Operation and Mainte- the Iraqi political leaders. Most of us, hanced Soldier and nance, Air Force Re- when we go to Iraq, tell them that. The Family Support ...... 853,800 serve: Body Armor and Per- Operating Expenses ...... 12,133 President of the United States has even sonal Protection Items 800,000 said it is useful for that message to be Commander’s Emergency Total, O&M, Air delivered. Let us deliver it tonight. Response Program ...... 500,000 Force Reserve ...... 12,133

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0655 E:\CR\FM\G18DE6.136 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15859 Operation and Mainte- Modular Artillery Charge Pyrotechnic and Demoli- nance, Army National System, All Types ...... 18,000 tion ...... 64 Guard: Rocket, Hydra 70, All Small Arms Ammunition 27,645 Operating Expenses ...... 288,900 Types ...... 20,000 Linear Charges, All Wounded Warrior, En- Types ...... 3,875 hanced Soldier and Total, Procurement 40MM, All Types ...... 23,096 Family Support ...... 38,100 of Ammunition, 60MM, All Types ...... 30,252 Army ...... 154,000 81 MM, All Types ...... 35,000 Total, O&M, Army Other Procurement, Army: 120MM, All Types ...... 59,020 National Guard ...... 327,000 Tactical Trailer/Dolly Cartridge 25MM, All Operation and Mainte- Sets ...... 29,000 Types ...... 670 nance, Air National High Mobility Multipur- Grenades, All Types ...... 9,385 Guard: pose Wheeled Vehicle .. 455,000 Rockets, All Types ...... 8,273 Operating Expenses ...... 51,634 Family of Medium Tac- Artillery, All Types ...... 51,033 tical Vehicles ...... 146,000 Demolition Munitions, Total, O&M, Air Na- Family of Heavy Tac- All Types ...... 3,539 tional Guard ...... 51,634 tical Vehicles ...... 427,000 Fuze, All Types ...... 880 Non Lethals ...... 5,616 Iraq Freedom Fund ...... 3,747,327 Armored Security Vehi- Ammo Modernization ..... 2,000 Afghanistan Security cles ...... 1,500 Truck, Tractor, Line Forces Fund ...... 1,350,000 Total, Procurement Iraq Security Forces Fund 1,500,000 Haul, M915/M916 ...... 4,600 HMMWV Recapitaliza- of Ammunition, Joint Improvised Explosive tion Program ...... 140,000 Navy & Marine Device Defeat Fund: Modification of In-Serv- Corps ...... 304,945 Attack the Network ...... 1,258,000 ice Equipment ...... 184,800 Other Procurement, Navy: Defeat the Device ...... 2,340,000 Items Less Than $5.0 Mil- Air Station Support Train the Force ...... 603,000 lion (Tactical Vehicles) 8,000 Equipment—Air Traffic Staff and Infrastructure 68,000 Defense Enterprise Wide- Control Equipment ...... 6,111 band Satellite Commu- Aviation Life Support— Total, Joint Impro- Body Armor and Sur- vised Explosive De- nications Systems ...... 19,000 Satellite Terminal, En- vival Gear ...... 750 vice Defeat Fund ... 4,269,000 hanced Manpack UHF Explosive Ordnance Dis- Terminal (Space) ...... 3,400 posal Equipment: Total, Operation Navstar Global Posi- Unmanned Aerial Sys- and Maintenance ... 61,099,598 tioning System (Space) 3,200 tems ...... 37,000 TITLE III—PROCUREMENT Army Global Command Man Transportable Robotic System ...... 1,400 Aircraft Procurement, and Control System ..... 3,000 Mounted CREW Sys- Army: Information System Se- tems ...... 35,400 Utility Fixed Wing Cargo curity Program ...... 21,600 Physical Security Vehi- Aircraft ...... 5,000 Digital Topographic Sup- cles—Light Armored UH–60M Blackhawk—27 port System (MIP) ...... 12,000 Vehicles ...... 900 Aircraft ...... 483,300 Counterintelligence/ Human Intelligence In- Medical Support Equip- AH–64 Apache—3 Aircraft 105,000 ment ...... 820 CH–47 Chinook—11 Air- formation Management System (MIP) ...... 2,400 Physical Security Equip- craft ...... 334,100 ment: Common Ground Equip- Night Vision Devices ...... 45,000 Night Vision, Thermal Body Armor ...... 3,100 ment ...... 10,000 Weapon Sight ...... 11,000 Weapons of Mass De- Air Traffic Control ...... 6,200 Fire Support Command struction Detectors .. 6,000 and Control (C2) Fam- Total, Aircraft Pro- Total, Other Procure- curement, Army .... 943,600 ily ...... 7,000 Knight Family—Procure ment, Navy ...... 91,481 Procurement of Weapons & 29 M1200 Knight Vehi- Procurement, Marine Tracked Combat Vehi- cles ...... 50,000 Corps: cles, Army: Chemical, Biological, Ra- Light Armored Vehicles: Bradley Program ...... 700,100 diological, and Nuclear Light Armored Vehi- Stryker Vehicle ...... 41,000 Soldier Protection ...... 54,300 cles ...... 12,500 Bradley Fire Support Ve- Rapid Equipping Soldier Light Armored Vehi- hicle (Mod) ...... 65,000 Support Systems in- cles Product Im- Bradley Fighting Vehicle cluding Warlock ...... 400,000 provement Program 23,000 Systems (Mod) ...... 48,000 Light Armored Vehi- Improved Recovery Vehi- Total, Other Procure- cles Restoration and cle (M88 Mod) ...... 135,000 ment, Army ...... 2,027,800 Modernization ...... 33,600 M1 Abrams Tank (Mod) .. 200,000 Aircraft Procurement, Modification Kits—Mul- Abrams Upgrade Pro- Navy: tipurpose Tank Blade .. 2,200 gram (M1A2 SEP) ...... 225,000 H–53 Series—Re-activate Modification Kits—Tac- M249 Squad Automatic 1 CH–53 Helicopter ...... 2,600 tical Concealed Video Weapon Machine Gun EP–3 Series—Special System ...... 400 Mods ...... 6,500 Mission Avionics, ...... 9,000 Marine Air Command M16 Rifle Modifications .. 1,845 P–3 Series—Special Mis- Control System ...... 29,000 Modifications Less Than sions Equipment ...... 2,400 Intelligence Support $5.0M (WOCV–WTCV)— Common ECM Equip- Equipment—Angel Fire Improved Combat Op- ment—Generation II Sensor Package ...... 8,000 tics ...... 7,000 Missile Warning Sys- Motor Transport Modi- tems ...... 34,500 fications—Medium Total, Procurement Tactical Vehicle Re- of Weapons & Total, Aircraft Pro- placement Armor ...... 60,000 Tracked Combat curement, Navy ..... 48,500 Power Equipment As- Vehicles, Army ...... 1,429,445 Procurement of Ammuni- sorted—Engineer Procurement of Ammuni- tion, Navy & Marine Equipment ...... 15,000 tion, Army: Corps: Explosive Ordnance Dis- Cartridge, 25MM, All Joint Direct Attack Mu- posal Systems—CREW 172,800 Types ...... 300 nition ...... 5,000 Physical Security Equip- Cartridge, 30MM, All Air Expendable Counter- ment—Ground-Based Types ...... 40,000 measures ...... 6,625 Operational Surveil- Cartridge, 40MM, All Other Ship Gun Ammuni- lance System ...... 340,000 Types ...... 65,700 tion ...... 43 Field Medical Equip- Cartridge, Artillery, Small Arms and Landing ment—Family of Field 105MM, All Types ...... 10,000 Party Ammunition ...... 32,929 Medical Equipment ..... 6,750

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0655 E:\CR\FM\A18DE6.041 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15860 CONGRESSIONAL RECORD — SENATE December 18, 2007 Total, Procurement, Drug Interdiction and Durbin Levin Salazar Marine Corps ...... 703,250 Counter-Drug Activities 192,601 Hagel Lincoln Sanders Aircraft Procurement, Air Harkin McCaskill Schumer Inouye Menendez Force: Smith Total, Other De- Johnson Mikulski Snowe F–15—ARC–210 Beyond partment of De- Kennedy Murray Stabenow Line of Sight/Secure fense Programs ...... 768,302 Kerry Nelson (FL) Tester Line of Sight Radios .... 39,700 Klobuchar Nelson (NE) Voinovich TITLE VI—GENERAL PROVISIONS Kohl Pryor C–5—Aircraft Defensive Webb Landrieu Reed Systems (12 Kits for C– Special Transfer Authority Whitehouse Lautenberg Reid (Sec 603) ...... [4,000,000] Wyden 5A’s) ...... 11,700 Leahy Rockefeller

Total, Aircraft Pro- Total, Depart- NAYS—45 curement, Air ment of Defense ..... 70,000,000 Alexander Crapo Lott Force ...... 51,400 Mr. MCCONNELL. Mr. President, is Allard DeMint Lugar Other Procurement, Air there more time on this side? Barrasso Domenici Martinez Force: Bennett Ensign McCain Halvorsen Loader ...... 7,500 The PRESIDING OFFICER. There is Bond Enzi McConnell Items Less Than $5 Mil- 7 minutes 5 seconds. Brownback Feingold Murkowski Mr. WARNER. I ask for the yeas and Bunning Graham Roberts lion (Vehicles)— Burr Grassley Sessions Counter Sniper Protec- nays. Chambliss Gregg Shelby tion Kit ...... 1,625 The PRESIDING OFFICER. Is there a Coburn Hatch Specter General Information sufficient second? Cochran Hutchison Stevens Technology—Blue There appears to be a sufficient sec- Coleman Inhofe Sununu Force Trackers ...... 2,500 Corker Isakson Thune ond. Cornyn Kyl Vitter Air Force Physical Secu- Craig Lieberman Warner rity System—CROWS The yeas and nays were ordered. and BDOC–T ...... 8,500 The PRESIDING OFFICER. The Sen- NOT VOTING—5 ator from Michigan has 7 minutes. Tactical C–E Equip- Biden Dodd Obama ment—ROVER ...... 8,100 Mr. LEVIN. I intend to yield back all Clinton Feinstein Night Vision Goggles ...... 2,500 that time but 30 seconds. I cannot be- Total, Other Procure- lieve the President of the United The PRESIDING OFFICER. Under ment, Air Force ..... 30,725 States is going to veto a bill providing the previous order requiring 60 votes, Procurement, Defense- this additional funding for the troops the amendment is withdrawn. Wide: because the Senate, in a nonbinding Mr. MCCONNELL. Mr. President, I Defense Information Sys- move to reconsider the vote. tems Network ...... 8,700 resolution, expresses its belief that we MH–47 Service Life Ex- ought to have a nonbinding timetable Mr. WARNER. I move to lay that mo- tension Program ...... 34,400 for the reduction of our troops by the tion on the table. C–130 Modifications ...... 11,000 end of the year. If the President has The motion to lay on the table was SOF Ordnance Replenish- said that, I have not seen it. I can’t be- agreed to. ment ...... 32,759 lieve he would so try to squelch the The PRESIDING OFFICER. The SOF Ordnance Acquisi- Senate from expressing a nonbinding question is on agreeing to the motion. tion ...... 39,600 opinion. Is there a sufficient second? There SOF Intelligence Sys- I yield back the remainder of my tems ...... 44,346 appears to be a sufficient second. time. Small Arms and Weapons 29,587 The clerk will call the roll. Mr. MCCONNELL. Mr. President, the Tactical Vehicles ...... 16,458 The legislative clerk called the roll. Unmanned Vehicles ...... 23,500 President will veto the bill if the Levin SOF Operational En- amendment is approved. The McCon- Mr. DURBIN. I announce that the hancements ...... 34,393 nell amendment must be approved in Senator from Delaware (Mr. BIDEN), order to get a Presidential signature. the Senator from New York (Mrs. CLIN- Total, Procurement, Is there time remaining on this side? TON), the Senator from Connecticut Defense-Wide ...... 274,743 The PRESIDING OFFICER. There is (Mr. DODD), the Senator from Cali- Total, Procurement .. 6,059,889 6 minutes remaining. fornia (Mrs. FEINSTEIN), and the Sen- TITLE IV—REVOLVING AND MANAGEMENT Mr. MCCONNELL. I yield back the ator from Illinois (Mr. OBAMA) are nec- FUNDS time. essarily absent. Defense Working Capital The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there Funds: question is on agreeing to the Levin any other Senators in the Chamber de- Defense Working Cap- siring to vote? ital Fund—Army: ..... amendment No. 3876. Army Preposition The yeas and nays have been ordered. The yeas and nays resulted—yeas 70, Stocks ...... 586,900 The clerk will call the roll. nays 25, as follows: Spares Augmentation— The assistant legislative clerk called [Rollcall Vote No. 439 Leg.] Combat Losses ...... 63,000 the roll. YEAS—70 Spares Augmentation— 70,000 Mr. DURBIN. I announce that the Demand Increase Akaka Dole McCaskill Senator from Delaware (Mr. BIDEN), Defense Working Cap- Alexander Domenici McConnell ital Fund—Defense- the Senator from New York (Mrs. CLIN- Allard Dorgan Mikulski Barrasso Ensign Wide: ...... TON), the Senator from Connecticut Murkowski Baucus Enzi Nelson (FL) Fuel Transportation .... 96,000 (Mr. DODD), the Senator from Cali- Bayh Graham Nelson (NE) EINSTEIN Fuel Cost Increase ...... 140,700 fornia (Mrs. F ), and the Sen- Bennett Grassley Pryor Combat Fuel Losses .... 43,400 ator from Illinois (Mr. OBAMA) are nec- Bond Gregg Roberts Brownback Hagel essarily absent. Rockefeller Bunning Hatch Salazar Total, Defense work- The PRESIDING OFFICER. Are there Burr Hutchison ing Capital Funds .. 1,000,000 any other Senators in the Chamber de- Carper Inhofe Sessions Casey Inouye Shelby TITLE V—OTHER DEPARTMENT OF DEFENSE siring to vote? Chambliss Isakson Snowe PROGRAMS The result was announced—yeas 50, Coburn Johnson Specter Defense Health Program: nays 45, as follows: Cochran Kyl Stevens Operations ...... 461,101 [Rollcall Vote No. 438 Leg.] Coleman Landrieu Sununu Wounded Warrior, En- Collins Levin Tester YEAS—50 Conrad Lieberman Thune hanced Soldier and Corker Lincoln Vitter Family Support ...... 114,600 Akaka Brown Casey Baucus Byrd Collins Cornyn Lott Voinovich Bayh Cantwell Conrad Craig Lugar Warner Total, Defense Health Bingaman Cardin Dole Crapo Martinez Webb Program ...... 575,701 Boxer Carper Dorgan DeMint McCain

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.041 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15861 NAYS—25 it. But once this goes down because it of $2,000 per family. As everyone now Bingaman Kennedy Reid doesn’t have 60 votes, it is then my ex- agrees, this monster tax was not meant Boxer Kerry Sanders pectation that the House will then vote to hit 23 million middle-income fami- Brown Klobuchar Schumer for AMT not paid for so that we can get lies. The second reason was to assure Byrd Kohl Smith Cantwell Lautenberg Stabenow AMT passed this year. Americans will the Secretary of the Treasury and the Cardin Leahy Whitehouse know they will not have to pay the ad- IRS Commissioner that we would do Durbin Menendez Wyden ditional AMT tax, done in a way that is everything possible to minimize delays Feingold Murray Harkin Reed satisfactory. in refunds for another 27 million fami- There is an hour allocated on this lies and individuals, on top of the 23 NOT VOTING—5 amendment, a half hour each side. Mr. million who would be hit for the first Biden Dodd Obama President, I don’t plan to take many time. Clinton Feinstein more minutes than I have already con- After pledging to get mutually agree- The PRESIDING OFFICER. Under sumed. I expect the other side will not able AMT patch legislation to the the previous order, requiring 60 votes either. President in a form he could sign—that for the adoption of the motion, the mo- I will reserve the remainder of my is what the letter was about—we are tion is agreed to. time, with the expectation that I will instead now engaged in this Groundhog The majority leader is recognized. yield back the remainder of my time. Day type of exercise. We are essen- Mr. REID. Mr. President, we have For now, I will reserve my time. tially having the same debate, and we just a few matters left. We have a vote The PRESIDING OFFICER. The Sen- will go through the same votes the on AMT. This is a vote we have had be- ator from Iowa is recognized. Senate went through just a couple of fore. Senator BAUCUS, the Finance Mr. GRASSLEY. Mr. President, I weeks ago. In other words, the floor de- chair, will talk about it when we get to yield myself such time as I may con- bate tonight illustrates my worry that it in a few minutes. It is an issue on sume. I haven’t had a request on this we are repeating the Groundhog Day which I agree with the House. I think side for many people to speak. I think exercise. we should have paid for it. We have had I will speak for 9 or 10 minutes on my I ask unanimous consent to have this vote several times before—at least side. If people want time, I will be glad printed in the RECORD a copy of that once before. We have tried different to yield time. letter by the two chairmen and rank- ways of getting the matter before the When we were debating the Tax Re- ing members. Senate. lief Act of 2005, the other side forced a There being no objection, the mate- We have an agreement in the order series of debates on the same subject rial was ordered to be printed in the entered earlier today that we are going matter. We had the same debate three RECORD, as follows: to vote on whether AMT should be paid times, and it culminated on Groundhog CONGRESS OF THE UNITED STATES, for. Senator BAUCUS will speak on that. Day, February 2, 2006. Despite numer- Washington, DC, October 30, 2007. Ms. LINDA E. STIFF, AMENDMENT NO. 3877 ous votes and debates in each round, Acting Commissioner, Internal Revenue Service, Mr. REID. Mr. President, it is my un- we went through essentially the same Washington, DC. derstanding there is a motion to con- debate and vote not once or twice but DEAR ACTING COMMISSIONER STIFF: Under cur at the desk. three times. present law, more than 23 million taxpayers The PRESIDING OFFICER. The I have two charts that will remind will be subject to higher taxes in 2007 unless clerk will report the motion. folks of that exercise. legislation is enacted to limit the reach of The legislative clerk read as follows: My first chart depicts a groundhog. the Alternative Minimum Tax (AMT). We re- For those of you who see the ground- alize that this fact is causing concern for The Senator from Nevada [Mr. REID] moves many taxpayers and is creating administra- to concur in the House amendment No. 1 to hog, you will recall that the center- tive difficulties for the IRS as the agency the Senate amendment to H.R. 2764, with an piece of that debate involved the alter- prepares for the upcoming filing season. amendment numbered 3877. native minimum tax patch. During the As the leaders of the Congressional tax- (The amendment is printed in To- first groundhog debate, the bipartisan writing committees, we want to assure you day’s RECORD under ‘‘Text of Amend- majority had to prove that we meant that legislative relief is forthcoming so that ments.’’) business on the cornerstone of that no new taxpayers will be subject to the AMT The PRESIDING OFFICER. There bill, which was the last AMT patch for taxable year 2007. To accomplish this, we are committed to extending and indexing the will be 1 hour of debate equally divided. that was enacted. I am referring to the 2006 AMT patch with the goal of ensuring Mr. REID. Mr. President, we have a AMT patch that protected then about that not one additional taxpayer faces high- vote on this, and we have a vote on 15 million families, and now we are er taxes in 2007 due to the onerous AMT. In whether we will concur with the House talking about protecting about 23 mil- addition to allowing the personal credits on a matter that we have changed and lion families. against the AMT, the exemption amount for sent back to them. Then I am going to The bipartisan majority, I am 2007 will be set at $44,350 for individuals and speak with the chairman of the Judici- pleased to remind everybody, stuck to $66,250 for married taxpayers filing jointly. We plan to do everything possible to enact ary Committee. Under the order en- our guns in conference on that bill. We AMT relief legislation in a form mutually tered several days ago, we have a judge made sure the AMT patch was one of agreeable to the Congress and the President who is on the calendar. I will talk with the cornerstones of the conference before the end of the year. We urge the Inter- the distinguished manager of this bill agreement. So despite the extended de- nal Revenue Service to take all steps nec- and the chairman of the Judiciary bate, what we said would happen did essary to plan for changes that would be Committee to find out if we are going happen. made by the legislation. to have a recorded vote. Now, the next Groundhog Day is Feb- Thank you for your immediate attention to this matter. My point is that people should not ruary 2, 2008. That is just 45 days from Sincerely yours, run off after the second vote. There now. That may seem like a long time, MAX BAUCUS, may be three votes tonight. but given recent history, I am worried. Chairman, Committee The PRESIDING OFFICER. Who Here is why. on Finance. yields time? About 47 days ago, the two tax-writ- CHARLES E. GRASSLEY, The senior Senator from Montana is ing committee chairmen, Congressman Ranking Member, recognized. RANGEL and Senator BAUCUS, and the Committee on Fi- Mr. BAUCUS. Mr. President, the next ranking members, Congressman nance. CHARLES B. RANGEL, vote is on AMT, paid for. We have had MCCRERY, and this Senator, wrote Sec- Chairman, Committee this vote several times. It requires 60 retary Paulson and acting IRS Com- on Ways and Means. votes. I personally believe that the missioner Stiff and pledged to get an JIM MCCRERY, AMT relief we will be providing for AMT patch bill to the President before Ranking Member, here, so the taxpayers will not have to the end of the year. We wrote the letter Committee on Ways pay additional AMT for 2007, should be for a couple of reasons. The first reason and Means. paid for. I don’t think the votes are is to spare 23 million middle-income Mr. GRASSLEY. So we are not quite here. There are not 60 votes to pay for families from an average tax increase there yet, but the way we are going, we

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.036 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15862 CONGRESSIONAL RECORD — SENATE December 18, 2007 might not get this year’s AMT patch Tester Vitter Webb ers. Trigger is a fine horse, but he is done until the next Groundhog Day. Thune Warner Wyden dead. He is very dead. Trigger is so Let me bring up another chart to ex- NAYS—5 dead that he is stuffed and resides in a pand on this point. I have next to me Carper Dorgan Whitehouse museum. This debate is the practice of the portrait of Punxsutawney Phil, Conrad Feingold beating a dead horse. It would be like that famous groundhog. In thinking of NOT VOTING—7 tourists taking swipes at Trigger as Phil and the weather report he will Biden Ensign Voinovich they go through the museum. Everyone provide in 45 days, I also thought about Clinton McCain knows beating a dead horse is a waste the popular film entitled ‘‘Groundhog Dodd Obama of time, but that is what we are doing. Day.’’ That movie stars Bill Murray, in Majority 1⁄2 Required We need to stop beating a dead horse. which a man relives the same day— Vote date: 12/06/2007, 6:23:00 p.m., Business We need to show our good friends in Groundhog Day—over and over and Type: L. the House Democratic leadership that over. This film has taken on greater Result Code: 1 (Bill Passed). they need to stop reviving a dead horse significance for me as I seem to be in a Vote title: H.R. 3996 as Amended. of an offset AMT patch. It is a dead Mr. GRASSLEY. Mr. President, as we very similar situation. More than just horse. Let’s stop beating it. Vote consider the Senate amendment to the a sense of the deja vu, I feel I am reliv- against this amendment. omnibus bill, I have to ask: Why are we ing a past experience. After this exercise is done, then I still here? I have to ask: Didn’t we al- urge my friends in the House leader- We are going through the same de- ready go through this exercise? I have ship to pass the un-offset AMT patch bate we had a couple of weeks ago. We to ask: Aren’t we finished with the bill we sent them several days ago, are on a different bill and the amend- Senate debate? that very same bill that passed this ment has different offsets. Yet I seem In the face of the urgent need to body 88 to 5. to remember already having this de- enact an AMT patch, does the House Think, will you, on the other side of bate. Democratic leadership want the Senate the Capitol, think of the 23 million So, Mr. President, instead of taking to reenact recent debates and resusci- families that will face a tax increase of the next steps and focusing on what we tate old talking points? Our un-offset $2,000 per family if we don’t get this said we would do in the letter and find- AMT patch already passed with the bill to the President. Think of the 27 ing a mutually agreeable—those are support of 88 Senators. million families and individuals that words from the letter—resolution to While I believe this legislation is ex- will face even longer delays in getting the AMT patch, the House Democratic tremely important and we will debate their refunds next year if we don’t get leadership is insisting that the Senate it for as long as is necessary, I question this bill passed, or even if we do get repeat the same debate and vote of just the necessity of going through a proc- this bill passed, it is going to be de- last week. ess that resulted in overwhelming bi- layed. Think of these hard-working At 5:01 p.m., on Tuesday, December 4, partisan passage of the same bill 2 taxpayers. Stop beating a dead horse 2007, we took up H.R. 3996, with the weeks ago. and let’s get the people’s business done. title ‘‘Temporary Tax Relief Act of That is my first point. This is, in I reserve the remainder of my time. 2007.’’ For several hours on Tuesday, fact, a curious exercise. It is an exer- The PRESIDING OFFICER (Mr. Wednesday, and into Thursday, we de- cise with no apparent purpose other PRYOR). The Senator from Montana. bated the bill. The final vote on final than delay. Is the delay on the part of Mr. BAUCUS. Mr. President, the Sen- passage came at 7:25 p.m., Thursday the House Democratic leadership im- ator from North Dakota has some com- evening, December 6. portant? Why doesn’t the House send ments about not beating a dead horse. I now yield 7 minutes to the Senator According to the Secretary of the the amended House bill which cleared from North Dakota. this Chamber by a vote of 88 to 5 to the Senate, 93 of us were here for that vote. I might say, we should not beat a So I must not be the only one reliving President of the United States for sig- dead horse, that is clear, but also we this experience. nature? Because President Bush will should not look a gift horse in the I ask unanimous consent to have sign it. That bill does meet—again the mouth. We have an opportunity to re- printed in the RECORD the results of words from the letter of the chairman solve this and get it done. I urge us to that final vote. of the committee—that bill does meet vote quickly so we can dispose of this There being no objection, the mate- the mutually agreeable criteria of the matter so the American taxpayers get rial was ordered to be printed in the tax writers’ letter. The amendment be- their AMT relief very quickly. RECORD, as follows: fore us, just as the prior House vote, I yield to the Senator from North Da- does not meet the mutually agreeable The result was announced—yeas 88, nays 5, kota. as follows: criteria that was in that letter. Mr. CONRAD. Mr. President, I thank Nearly all House and Senate Repub- [Rollcall Vote No. 415 Leg.] the chairman. licans have a problem with this amend- I say to the Senator from Iowa when YEAS—88 ment and its predecessor that failed in he tells us that we should stop beating Akaka Dole Lugar the Senate. The problem is not nec- a dead horse, the picture he used shows Alexander Domenici Martinez essarily with the offsets themselves. that Trigger rides again. That wasn’t a Allard Durbin McCaskill Some of them might be acceptable tax Barrasso Enzi McConnell dead horse. That horse is alive, and as Baucus Feinstein Menendez policy to this Senator and others on well it should be, because the under- Bayh Graham Mikulski our side. The debate and resistance on lying question is whether we pay for Bennett Grassley Murkowski our side rests with a bigger principle. anything in this Chamber or do we bor- Bingaman Gregg Murray Bond Hagel It is about accepting the notion that row the money? When we borrow the Nelson (FL) Boxer Harkin the unintended reach of the AMT Nelson (NE) money, do we borrow it from the Chi- Brown Hatch should be permitted unless we find off- nese and the Japanese, or do we start Brownback Hutchison Pryor Bunning Inhofe Reed setting revenue from other taxpayers; paying our bills right here at home? Burr Inouye Reid in other words, other taxpayers being That is the issue before the Chamber. Byrd Isakson Roberts taxed to offset revenue from middle-in- It is not a question of a dead horse or Cantwell Johnson Rockefeller come taxpayers who were never sup- Cardin Kennedy Salazar a live horse. It is a fundamental ques- Casey Kerry Sanders posed to pay this tax in the first place. tion of whether we pay our bills or put Chambliss Klobuchar Schumer It is the use of the AMT then as an it on the charge card. Coburn Kohl Sessions open-ended revenue-generating ma- The issue before us is very simple. If Cochran Kyl Shelby chine that creates problems on the Re- Coleman Landrieu Smith we do not offset the alternative min- Collins Lautenberg Snowe publican side of the aisle. imum tax or alter it in some way, it Corker Leahy Specter I am going to point to another chart will hit 23 million American families, Cornyn Levin Stabenow to illustrate this debate. This is a up from some 4.2 million this last year. Craig Lieberman Stevens Crapo chart of a very fine horse, a horse The bill before us says, yes, adjust Lincoln Sununu DeMint Lott named Trigger and his rider Roy Rog- the alternative minimum tax so more

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.143 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15863 people are not hit by it, but it also says I yield the floor. The result was announced—yeas 48, something very important. It says pay The PRESIDING OFFICER. Who nays 46, as follows: for it; don’t go out and borrow the yields time? [Rollcall Vote No. 440 Leg.] money, don’t go out and borrow bil- The Senator from Ohio. YEAS—48 lions more from China and Japan. Mr. BROWN. Mr. President, yes, we have been here before. I hear the Sen- Akaka Inouye Nelson (FL) The House has it right. We ought to Baucus Johnson Nelson (NE) pay for it. Certainly it makes no sense ator from Iowa, whom I greatly re- Bayh Kennedy Pryor to let the alternative minimum tax spect, say we have been here before and Bingaman Kerry Reed sweep up millions more people, but it have done this over and over. In the Boxer Klobuchar Reid last 2 hours, we have made the same Brown Kohl Rockefeller also makes no sense to fail to pay for Byrd Landrieu Salazar it. That is not just my view; that is mistake, or about to make the same Cantwell Lautenberg Sanders also the view of the former chairman of mistake, that we have made in the last Cardin Leahy Schumer Carper Levin Snowe the Federal Reserve who said on ABC’s 6 years. About 7 groundhog days ago, if you will, we went from a budget sur- Casey Lieberman Stabenow weekend program in response to a Conrad Lincoln Tester question from George Stephanopoulos, plus to huge budget deficits, as Senator Dorgan McCaskill Voinovich the question was put to the chairman: CONRAD pointed out. Do you know why? Durbin Menendez Webb Because we are in the middle of a war Feingold Mikulski Whitehouse So when the Congress this week . . . fixes Harkin Murray Wyden this patch in the alternative minimum tax that Senator BYRD spoke so eloquently NAYS—46 . . . and doesn’t pay for the increase in the against time and again on this Senate deficit, that is something you’re against? floor, a war that has cost us $500 billion Alexander Crapo Lugar Allard DeMint Martinez Mr. Greenspan: and counting, and we have done tax cuts over and over. Every groundhog Barrasso Dole McConnell Yes. Bennett Domenici Murkowski day we do another tax cut. No qualifications, a simple clear Bond Ensign Roberts So tonight, in the space of 2 hours, Brownback Enzi statement in support of paying for fix- Sessions we are going to encapsulate that in one Bunning Graham Shelby ing the alternative minimum tax. Burr Grassley Smith evening. We did $70 billion for a war no- Chambliss Gregg Why is paying for it so important? Specter body is willing to pay for. Let our Coburn Hagel Stevens Because if we fail to do so, we put it on Cochran Hatch grandchildren pay for that one. And Sununu the debt, and already the debt has sky- then we are doing more tax cuts, hun- Coleman Hutchison rocketed under this administration, Collins Inhofe Thune dreds of billions of dollars we are not Vitter from $5.8 trillion in 2001 to, at the end Corker Isakson paying for, so let our grandchildren Cornyn Kyl Warner of the fiscal year that just ended, a take care of it. Craig Lott debt of $8.9 trillion. We have been here before, and it is NOT VOTING—6 Future generations will look back on about time we vote ‘‘yes’’ on this and this one. Perhaps they will be amused Biden Dodd McCain do the right thing, so instead of these Clinton Feinstein Obama by the debate tonight. They will not be going from a budget surplus 7 ground- The PRESIDING OFFICER. Under amused by the debt we leave them. hog days to hundreds of billions of dol- the previous order requiring 60 votes This generation will not be known as lars in budget deficits, instead we have for the adoption of this motion, the the greatest generation. This genera- an opportunity, as Senator CONRAD motion is withdrawn. tion will be known as a greedy genera- said, to do the right thing to begin to The majority leader is recognized. tion, a self-oriented generation, one pay for things as we go so that our Mr. REID. Mr. President, I move to that was not responsible with the peo- grandchildren will not continue to be concur in the House amendment. ple’s money. burdened with our profligacy and our Mr. President, there is a proverb Some of my colleagues claim we irresponsibility. never intended to raise this money, I yield the floor. from the Book of Matthew that says: that it was no part of any budget, that The PRESIDING OFFICER. Who ‘‘For where your treasure is, there your it was not part of any revenue projec- yields time? heart will be also.’’ tion. I beg to differ. As chairman of the Mr. GRASSLEY. Mr. President, if the In the past few weeks, as we have put Senate Budget Committee, I can tell other side is ready to yield back their together the budget that is now before you that these revenues have been in time, I will yield back our time, but I us, Democrats have sought to put our every budget written by this President, want to find out if they are interested hearts and our treasure where the and written by the Congress, whether in doing that. American people need them most. controlled by the Republicans or the Mr. BAUCUS. I yield back our time. President Bush and his Republican Democrats. The only way any of these Mr. GRASSLEY. I yield back our allies in Congress have been deter- budgets have balanced was to assume time. mined from the start to stand in our this revenue which is the law of the The PRESIDING OFFICER. The way. land would either be collected or would question is on agreeing to the motion. The President picked a top line budg- be offset, would be paid for. Mr. DURBIN. I ask for the yeas and et number out of thin air and said he This chart shows the revenue as- nays. would veto any bill that invested an- The PRESIDING OFFICER. Is there a sumptions in the Bush budget. We find other dime above this total in the sufficient second? alternative minimum tax revenue as- needs of the American people—no mat- There appears to be a sufficient sec- sumed for each and every year of the 5 ter how many children, students, work- ond. ing families veterans or senior citizens years of this budget. The clerk will call the roll. I won’t belabor the point. This is a The assistant legislative clerk called would be harmed. question of whether we are going to be the roll. This from the President who inher- responsible. This is an opportunity to Mr. DURBIN. I announce that the ited record surpluses when he took of- fix the alternative minimum tax, to Senator from Delaware (Mr. BIDEN), fice and turned them into record defi- prevent it from being spread to 23 mil- the Senator from New York (Mrs. CLIN- cits. lion American families, but to do it in TON), the Senator from Connecticut This from the President who has the responsible way: to offset it with (Mr. DODD), the Senator from Cali- spent nearly $500 billion—all of it bor- other revenue so it does not get added fornia (Mrs. FEINSTEIN), and the Sen- rowed—to fight a war of choice in Iraq, to the deficit, so it does not get added ator from Illinois (Mr. OBAMA) are nec- while ignoring the desperate needs that to the debt, so we are not compelled to essarily absent. we face here at home. borrow even more billions from the Mr. LOTT. The following Senator is And this from congressional Repub- Japanese and the Chinese and around necessarily absent: the Senator from licans who have rubber-stamped his the world. Arizona (Mr. MCCAIN). every irresponsible, wasteful, reckless I hope my colleagues will vote ‘‘aye’’ The PRESIDING OFFICER. Are there choice. and demonstrate their fiscal responsi- any other Senators in the Chamber de- But now, this year, this President bility tonight. siring to vote? and these Bush-Cheney Republicans

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.144 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15864 CONGRESSIONAL RECORD — SENATE December 18, 2007 claim—after years leading our country every American child deserves the I am so grateful for my Democratic down a path of fiscal ruin—they have right to a quality education and the colleagues in the House and Senate. been baptized into the church of fiscal keys to a better future. We have faced a level of arbitrary responsibility. We backed that commitment with stubbornness from President Bush and Under this false pretense, they went major investments in Title 1, special his congressional allies that no Con- about to prevent us from presenting education, teacher quality grants, after gress has ever faced before. appropriations bills that help Amer- school programs, Head Start, student We turned a horrible budget into a ica’s working families. aid grants and technical training—all budget that does some good, important With the power of the President’s above the Bush-Cheney Republican re- things. veto and a core group of congressional quest. And we did it responsibly: without Republicans willing to back it up, this Democrats refused to back down and raising taxes or adding anything to fight has not been easy. That is an un- let Republicans rob children of the President Bush’s epic pile of debt. derstatement. chance to succeed, and we won that Our country owes enormous grati- Nevertheless, in the past few weeks, fight. tude to the senior Senator from West we have worked within the President’s Bush-Cheney Republicans talk tough Virginia, Chairman ROBERT BYRD, for arbitrary top line to make it clear to on law enforcement, but when it came his leadership on this budget. the American people where our hearts time to actually give our State and Chairman OBEY also did a tremen- and our fiscal priorities lie. local law enforcement the tools they dous job on this legislation. Every victory in the appropriations need to keep us safe, Bush-Cheney Re- I would also like to acknowledge the bills now before us—every benefit to publicans said no. work of Senator COCHRAN, who worked working families, every investment in Their budget cut law enforcement with Senator BYRD and others to move our Nation’s future—we have had to funds by $1.4 billion at the Department this bill through committee and to the fight for, tooth and nail. of Justice. floor. Bush-Cheney Republicans turned Once again, Democrats’ priorities are This budget includes funds to help their backs on medical science in this different. We invested $1.2 billion more prevent Western wildfires and better budget. than the President’s request to help fight the ones that do occur. They tried to cut 800 grants for med- our police fight crime. It includes vital education funding ical research at the National Institutes We refused to back down from our for Nevada’s universities. of Health—programs that would help commitment to safer neighborhoods, It invests in Nevada’s renewable en- find cures for dread diseases. and we won that fight. ergy. Our Democratic priorities are dif- Bush-Cheney Republicans try hard to It provides funds for vital Nevada ferent. scare us with the threat of terrorism. water projects. We want to spread hope—real sci- Did their budget match their rhetoric? And it honors our troops and vet- entific hope—that those who suffer No. erans with more than $340 million for from Alzheimer’s, cancer, Parkinson’s They cut more than $1 billion in the southern Nevada veteran’s hos- and diabetes and other maladies will homeland security grants for police, pital. see a brighter, healthier day. firefighters and medical personnel. But let me be clear: this compromise So we restored the Bush-Cheney Re- What are our priorities? Democrats budget could have been much, much publican cuts to the NIH and invested increased our commitment to fighting better if not for Bush-Cheney Repub- more than $600 million in medical re- terrorism by nearly $2 billion. licans’ double standard on fiscal re- search. We refused to believe that at a time sponsibility. We refused to back down and we won we are spending $12 billion a month in They chose to enforce an arbitrary that fight. Iraq and Afghanistan, we couldn’t topline on America’s priorities—even The Bush-Cheney Republican budget spend an additional $2 billion per year as they continue to borrow billions to would have slashed access to health to fight terrorism in America. fund the endless war in Iraq, to support care by $600 million—leaving many of We won that fight, too, and America corporate cronyism, and to look the the most vulnerable Americans with will be safer because of it. other way on global warming and pol- nowhere to turn. The same year when the Minneapolis lution. But our Democratic priorities are dif- bridge collapse tragically reminded us Because Republicans have made ferent. that our roads, bridges and tunnels are these choices, the American people will We believe in helping the little girl crumbling, Bush-Cheney Republicans have to keep waiting for the kind of with asthma, for whom the emergency tried to strip critical infrastructure budget they deserve. room is a revolving door because her projects from the budget. But because Democrats refused to parents can’t afford a doctor; or the Democrats refused to stand by while back down, this budget is a step for- uninsured laborer who gets injured on the President spends billions to build ward. the job; or the senior citizen who suf- roads in Iraq, but tells us we can’t do The American people deserve to fers from arthritis. anything about our roads in America. know that Democrats will keep taking We gave these Americans a better We can do something and we did. We step after step after step to set the chance to live healthy lives—with $1 refused to back down and we won the right priorities and make the progress billion above the President’s request fight for American infrastructure. that our country so desperately needs. for programs like community health When it came time to choose between Mr. President, as things now stand, centers, high risk insurance pools and energy independence and big oil, be- we have about 20 minutes of talking on rural hospitals—programs on which tween a clean environment and the spe- the Republican side and we have Sen- hundreds of thousands of low-income cial interests, the Bush-Cheney Repub- ator BYRD, who has less than 10 min- Americans rely. licans chose the special interests. utes on our side. Those are the only We refused to back down on Amer- Our priorities are consumers who are speeches I know of. ica’s health care needs, and we won spending more than ever to pay for gas Mr. LEAHY. Mr. President, I am that fight. for their cars and heat for their homes. going to require 5 minutes. If the Bush-Cheney Republicans got We take the side of cleaner air and Mr. REID. That is what I was start- their way, this budget would have renewable fuels by investing in solar ing to say. On our side, we have Sen- stripped $1.2 billion from education, energy, wind energy, biofuels and en- ator BYRD plus the manager of the bill, eliminated major student aid programs ergy efficiency. Senator LEAHY. and cut vocational education by 50 per- We stood up to Bush-Cheney Repub- Following that, there is going to be a cent. licans, who once again turned their vote on a judge. I don’t know how But Democrats have different prior- backs on science and cozied up to the much time Senator LEAHY and Senator ities here, too. major polluters. SPECTER want on the judge, but what- We believe that education is the We won that fight, and America will ever time they want, they can have it. great equalizer in America, and that be safer and cleaner because we did. But we will have a vote on the judge.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.045 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15865 Tonight, when these speeches are fin- ance on the future of the war. That bill coming here as a 34-year-old Senator— ished, we will have one final vote, a was again passed by the House and Senator BYRD was the majority whip at vote on the judge. We are going to be in Senate, and this time the President the time—and how much he taught me, session tomorrow. There will be no signed it into law on May 25, 2007. and his colleague, the leader, Mike rollcall votes after 9, unless something The committee then began its annual Mansfield, and then later when he was untoward happens that Senator work of producing the regular appro- our leader, and, of course, sat on Ap- MCCONNELL and I do not expect. So we priations bills. I am proud to say that propriations. He has been my leader for will be in session if somebody wants to the committee reported 12 individual all of those years. I appreciate his help. come in and give some speeches. We appropriations bills, many of which His late wife Erma was a very special have some nominations we are trying were reported by unanimous, bipar- friend of my wife’s and mine, and I to clear, maybe some bills from the tisan votes. The bills that were consid- hope he does not mind me mentioning House. I do not expect any heavy lift- ered on the floor of the Senate received her at this time. I always thought ing tomorrow, at least I hope not. broad, bipartisan support, and each re- when she and my wife Marcelle would I wish to express my appreciation to ceived the affirmative vote of more meet at the grocery store that perhaps everyone for their cooperation in get- than 75 Senators. And finally, the, BOB and I were at a lower level. It went ting to the point where we are. As committee—working on a bipartisan, to a higher level when it was not Sen- some have heard me say before, usually bicameral basis—produced the complex ator BYRD and Senator LEAHY. But it you recognize you have something that legislation, which is now before the was Marcelle and Erma talking about is OK when both negotiators are un- Senate. BOB and PATRICK, and what should we happy with what they have gotten. My reason for detailing the work of do to take care of those folks. Well, That is what we have. We are not the Appropriations Committee this ROBERT C. BYRD has taken care of all of happy with how we have been pushed year is simple: I wish to convey my us these years. It has been a privilege into doing what we have done. The personal appreciation for all of the to serve on the Appropriations Com- President is not happy, as his people work and cooperation of the commit- mittee with him. It is especially nice, say he has been pushed into doing tee’s ranking member, Senator COCH- because one of the closest friends I things he didn’t want to do. We are RAN, who has time and again used his have in the Senate, THAD COCHRAN, has where we are. We are going to be able skill and experience to bring credit been both chairman and ranking mem- to finish our appropriations process, upon himself, the committee, and the ber of that committee, and those of us and we should all hold our heads high Senate as a whole. who have been here for over a third of in that regard. I also wish to commend the chairmen a century, as I have, know the major- Again, I wish everyone a very merry and ranking members of each of the 12 ity and minority goes back and forth. Christmas, a happy New Year, and look subcommittees. It is through their The thing that does not go back and forward to a productive year next year, knowledge and leadership that the forth is the friendships we have across the aisles. The distinguished Presiding the last of the 110th Congress. committee is able to craft the indi- Officer knows that his father and I The PRESIDING OFFICER. The Sen- vidual appropriations bills. It is to were very close friends and served to- ator from West Virginia is recognized. their great credit that the committee gether. His mother and my wife were Mr. BYRD. Mr. President, it has been was able to rise to the many challenges close friends. Those kinds of friend- a challenging year for the Senate Ap- presented this year. ships go on through the years and propriations Committee. When the I wish to express my gratitude to the 110th Congress convened in January through the decades. staff of the Appropriations Committee. We have spoken of the Senate as 2007, only two of the annual appropria- They are dedicated public servants: being a family. Indeed it is. It is prob- tions bills had been enacted. Working professional, expert, and diligent. The ably a family that wants to go home with the chairman of the House Appro- committee is extremely fortunate to and go to bed, so I will not push this priations Committee, Mr. DAVID OBEY, have their services, and I thank them much longer. But I think how impor- Senator COCHRAN, and Representative for all the many hours they have de- tant it is that we do have these LEWIS, we immediately began work on voted to performing their duties. chances to be together. So I applaud a joint funding resolution to fund the And finally, I send to my colleague, Senator BYRD, I applaud Senator COCH- Federal Government. Senator COCHRAN, each member of the RAN, and their staffs. We focused on funding a short list of Appropriations Committee, and all of Because this is the Foreign Oper- priorities, such as adding $3.6 billion the staff, my warmest wishes for a safe ations Bill we are on, I want to men- for VA medical care; $1.6 billion for and joyous Christmas in the spirit of tion my own staff: Tim Rieser, Kate State and local law enforcement; $620 the old-Time Christmases and a very Eltrich, Nikole Manatt, who handle the million for the National Institutes of happy New Year. Appropriations subcommittee for me, Health; and $1.4 billion to fight AIDS Mr. DOMENICI. Mr. President, I do and the various other matters they are and malaria in the developing world. not know where the time is. I do not to involved in here; J.P. Dowd, my legis- That joint funding resolution was want to interfere. I want 2 minutes be- lative director; Ed Pagano, my chief of passed by the House and the Senate fore they are finished. Thank you. staff; Bruce Cohen, who is always listed and signed into law by the President on Mr. LEAHY. Mr. President, what is as one of the 50 most important people February 15, 2007. the parliamentary situation on time? here in the Senate—I get listed as an Almost immediately, the committee The PRESIDING OFFICER. There is asterisk—because of what he does to was called back into action to tackle a 50 minutes remaining on the majority make sure the Judiciary matters are bill to make emergency appropriations side and 1 hour on the minority side. kept here; Jessica Berry and so many for the wars in Iraq and Afghanistan. Mr. LEAHY. Mr. President, I see the others who keep this thing going. The committee produced a prudent and Senator from Georgia rising. Do you I said to Senator REID, our distin- responsible bill that required a new wish to speak? guished leader, we Senators are but course for the war in Iraq. The bill set Mr. CHAMBLISS. Yes, I do have a mere constitutional impediments to a goal for having most of our troops statement I want to make, followed by our staffs. We know they are the ones out of Iraq by January 1, 2008. Had the Senator ISAKSON. who run it. Roscoe Jones of my staff President signed that bill, most of our Mr. LEAHY. If the Senator is willing was here, probably never heard me say troops would already be home pre- to wait for a few minutes? that. He is trying desperately to keep a paring to celebrate the new year. Mr. CHAMBLISS. Surely. straight face, but it is a fact. Unfortunately, the President found Mr. LEAHY. Mr. President, I com- We have included within this money that the bill did not support his ‘‘stay mend the distinguished Senator from for DNA funding $4.8 million for the the course’’ policies and vetoed that West Virginia. In a few weeks, I will Kirk Bloodsworth post-conviction DNA bill on May 1, 2007. The Appropriations have served with him for 33 years. Now, testing grants, and $147 million for the Committee produced another bill, to- in ROBERT C. BYRD time, 33 years is but Debbie Smith DNA backlog grants. taling $120 billion, unfortunately this a moment. In PATRICK J. LEAHY’s time, I am privileged to know both Kirk time stripped of the important guid- it is a wee bit of time. But I remember Bloodsworth and Debbie Smith.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.156 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15866 CONGRESSIONAL RECORD — SENATE December 18, 2007 Mr. LEAHY. Mr. President, I am tion systems so that they can share in- in Iraq, while the Iraqi Sunnis and Shi- pleased to note that we included fund- formation on criminal proceedings in a ites continue to fight among them- ing in the appropriations package for timely and efficient manner. selves. landmark programs created by the Jus- The intent of the Justice For All Act Despite that, this omnibus bill is a tice For All Act of 2004. Specifically, was to create a fairer and more accu- far, far better outcome than continued we provide $2.5 million for Capital Liti- rate system of justice for all Ameri- spending at the fiscal year 2007 levels, gation Improvement Grants to improve cans. The spending priorities set forth and the dire consequences that would the quality of legal representation in in the Justice Department portion of bring. State capital cases, and over $152 mil- the fiscal year 2008 Omnibus appropria- The State and Foreign Operations lion to improve Federal and State DNA tions package will help protect crime portion totals $35.1 billion in discre- collection and analysis systems crit- victims, maximize the use of forensic tionary budget authority including $2.4 ical to the prosecution of the guilty DNA evidence testing, and provide billion in emergency spending. and the protection of the innocent safeguards to prevent wrongful convic- Without emergency spending, the bill from wrongful prosecution. tions and executions. totals $32.8 billion, which is $2 billion The Justice For All Act capped more I note that this bill is the product of below the President’s regular fiscal than 4 years of effort by a bipartisan more than 9 months of work by the year 2008 request and $1.52 billion above House and Senate coalition that in- Senate and House Appropriations Com- the fiscal year 2007 level. cluded both supporters and opponents mittees. It meets the President’s arbi- Here are some of the highlights: of the death penalty. It is the most sig- trary budget ceiling, but because of the We provide $6.5 billion for global nificant step we have taken in many arbitrary ceiling, we have had to cut a health programs, including $345 million to combat malaria, $150 million for tu- years to improve the quality of justice number of things. Senator GREGG, Con- berculosis, and $5 billion for HIV/AIDS. in this country and restore public con- gresswoman LOWEY, Congressman We provide $546 million for the Glob- fidence in the integrity of the Amer- WOLF, and I worked on that to agree to al Fund to Fight AIDS, Tuberculosis ican justice system. the numbers so that the foreign ops and Malaria. Added to funds in the That law increased Federal resources part is not a Democratic bill or a Re- Labor, Health and Human Services bill, for combating crimes with DNA tech- publican bill, it is a bipartisan bill that this omnibus bill provides a total of nology, established safeguards to pre- attempts to address a myriad of foreign $841 million for the Global Fund, an in- vent wrongful convictions and execu- policy, national security, and domestic crease of $115 million above last year’s tions, and enhanced protections for vic- needs of this country. tims of Federal crimes. Other subcommittees worked just as level. It includes $446 million for child and It authorized the Debbie Smith grant hard and in a similar bipartisan man- maternal health, which is almost $100 program to address the DNA backlog ner. None of us are completely happy crisis in the Nation’s crime labs, and million above last year’s level. with the outcome. We had to make ex- We provide $1.69 billion for United created new grant programs to reduce ceedingly difficult cuts to get to the Nations peacekeeping, $550 of which other forensic science backlogs, train President’s number. But that is the na- will support the desperately needed criminal justice and medical personnel ture of this process. UN-African Union force in Darfur. in the use of DNA evidence, and pro- It is ironic that a President who said The bill provides $1 billion to assist mote the use of DNA technology to he would veto this bill unless it was the world’s refugees, and $100 million identify missing persons. It also estab- within his self-proclaimed budget ceil- to help Jordan cope with the hundreds lished enhanced and enforceable rights ing because he wants to keep a lid on of thousands of Iraqi refugees that for crime victims in the Federal crimi- spending, is asking Congress for an- have flooded that country, which is al- nal justice system. other $70 billion in emergency funding ready home to tens of thousands of The law also included legislation I to continue the war in Iraq. Palestinians. authored called the Innocence Protec- Those dollars do not score against The bill provides the requested funds tion Act. That measure provides access the budget, so the White House can for Israel, Egypt, Pakistan, Afghani- to postconviction DNA testing in Fed- espouse the fiction that the President stan, the West Bank, Lebanon, and eral cases, helps States improve the is being fiscally responsible at the other needy countries. quality of legal representation in cap- same time that he piles on the debt for It provides $1.54 billion for the Mil- ital cases, and increases compensation future generations. lennium Challenge Corporation, which in Federal cases of wrongful convic- Of course, he never threatened to is $344 million above the Senate-passed tion. It established the Kirk veto any of the appropriations con- level. Bloodsworth PostConviction DNA ference reports during the past 6 years. It provides $501 million for Edu- Testing Program to help States defray It is a political ploy after inheriting cational and Cultural Exchange Pro- the costs of postconviction DNA test- a balanced budget and tripling the na- grams, an increase of $55 million above ing. tional debt, but it is going to be hard the fiscal year 2007 level. Getting the Justice For All Act fully- felt by the American people. Cuts in The bill does not include the so- funded has proven to be tough, espe- funding for education, health care, pub- called Mexico City language con- cially given the fiscal crunch that all lic infrastructure, homeland security, cerning international family planning criminal justice programs have faced environmental protection, transpor- which would have led to a Presidential in recent years. However, as a senior tation—no part of the federal budget veto. It is regrettable that the Presi- member of the Appropriations Sub- was exempted except defense. dent would rather score political points committee that sets the Justice De- The State and Foreign Operations than support private organizations partment budget, I have worked closely portion of the bill is $2 billion below that would use our funds for voluntary with CJS Chairwoman MIKULSKI and the President’s budget. A full $1.3 bil- family planning services. Ranking Member SHELBY to include in lion of that cut was the result of the The bill provides $968 million for em- the omnibus package roughly $155 mil- President’s veto threat. bassy security, which is $190 million lion to advance the comprehensive and It means fewer children will receive above the fiscal year 2007 level. far-reaching reforms in the criminal vaccinations in the poorest countries, There are several other important justice system established under the less money for international peace- provisions in the State and Foreign Op- Justice For All Act. I thank my col- keeping, less for HIV/AIDS prevention, erations portion of this omnibus bill. leagues for their leadership in this care and treatment, less for non-pro- One would make long overdue re- area. liferation and anti-terrorism programs, forms to current law by allowing thou- State and local authorities will be less for disaster relief, less for edu- sands of persecuted refugees, barred be- better able to implement and enforce cation, environment, energy and agri- cause they were members of armed crime victims’ rights laws, including culture programs. groups that were allied with the U.S., Federal victim and witness assistance But, if the President gets his way, or who were forced to offer food, shel- programs. They can apply for grants to there will be tens of billions of dollars ter or other services to terrorist develop and implement victim notifica- more to keep our troops bogged down groups, to seek asylum here.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.160 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15867 This change was worked out by my- how pleased I was that war ended so which will require individuals from the self and Senator KYL, and would pro- quickly, that he was not in harm’s United States, Canada, Mexico, and the vide relief to such Vietnam-era allies way. Caribbean to present passports or other as the Hmong tribesman of Laos and I also worry that that is not some- documents proving citizenship before the Montagnards of Vietnam, and for thing parents can say when they see entering the United States. I was child soldiers and others who were parents and wives and husbands, chil- pleased to join with Senator STEVENS forced against their will to provide sup- dren and brothers and sisters when and many other colleagues from both port to terrorist groups. they see their family members in a war bodies in pushing for inclusion of this These people were there for us when that has lasted longer than World War important provision because it is clear we needed them, and we should not II. It is time to say: Come home, Amer- that the Department of Homeland Se- turn our backs when they need the ica. Come home, America, and face the curity and the Department of State are safety of our shores. It is an affront to problems in our country. Let the Iraqis not ready for a full rollout of the new our values and to our reputation as a now face their problems. Let them passport checks next summer. safe haven for victims of persecution. stand at the plate. Let us address the Muddled thinking, poor planning, and The changes we are making will also fact that we have so many unanswered administrative hubris have plagued im- provide relief for Iraqi refugees, some problems in health and science, in ad- plementation of the Western Hemi- of whom have been barred for paying dressing our myriad diseases, edu- sphere Travel Initiative. The Depart- ransom to secure the release of a fam- cation, infrastructure, and everything ment of Homeland Security has rushed ily member who was kidnapped by in- else in this country. to implement the new passport checks surgents. One thing I must say is that is in this before the necessary technology, infra- This change will not raise the num- bill, Senator STEVENS and I changed structure and training are in place at ber of refugees admitted to the United the so-called WHTI provision in the our border stations. If these critical States, but it will bring our laws back omnibus. It shows some realities across features of the deployment are not in in line with our values. the border into Canada and vice versa. place when the new program starts, we This bill contains other provisions, There are those of us who think of Can- will see severe delays at our border and some proposed by Democrats, some by ada as that great country to the North. law-abiding citizens from the United Republicans, which make important There are some of us who have family States, Canada, Mexico, and the Carib- improvements in our foreign assistance ties in Canada, some of us who feel bean will have great difficulty moving programs. that Canada is not a threat to the between our countries. Most impor- We provide $300 million for safe United States and we should not treat tantly, a hasty implementation will drinking water and sanitation pro- it as such. undermine the intended goals of the grams, consistent with the Senator Mr. President, one important issue I program. Paul Simon Water for the Poor Act. wish to highlight today is an inter- The massive backlogs in processing There are funds set aside for rec- national border issue with our friendly passport applications we saw earlier onciliation and people-to-people coex- neighbors in Canada, Mexico, and the this year when the Departments of istence programs in the Middle East, as Caribbean that could have severe im- Homeland Security and State started well as in other countries divided by plications for the social and economic to require passports for air travel is ethnic, religious, or political conflict. ways of life for communities all across just a taste of the chaos that is likely There are new provisions which ad- our country. when they start enforcing citizenship dress the problem of corruption and In the wake of the September 11 ter- checks at our Nation’s land and sea governance in countries that receive rorist attacks, Congress has enacted a borders in January. There is another U.S. assistance. number of new border security meas- train wreck on the horizon if these There are new provisions to improve ures, all with the expressed goal of pre- Federal agencies continue pushing for- monitoring of U.S. military aid to venting another terrorist incident. In ward with full implementation of the countries that have human rights prob- this bill, we have worked hard to pro- Western Hemisphere Travel Initiative lems, and to address the problem of vide the needed resources for these pro- before the necessary policies and proce- child soldiers. grams in a fair and balanced manner. dures are in place to handle the surge Mr. President, these are only a few of Post 9/11, everyone recognizes that in applications and the lengthy border the items supported by both Democrats there are potential threats and secu- crossing delays that are sure to come. and Republicans in this omnibus bill, rity needs, but we must implement I appreciate the recognition by this and they are only within the State and them sensibly and intelligently. Congress that premature implementa- Foreign Operations portion. Over the past few years, I have heard tion will recklessly risk the travel There are thousands of other impor- from many Vermonters about problems plans of millions of Americans and the tant domestic programs funded by each they have encountered at U.S. border economies of scores of U.S. States and of the other subcommittees whose bills crossings, from long traffic backups to communities. The Departments of make up this omnibus appropriations invasive searches and questioning to Homeland Security and State have bill. inadequate communication from Fed- shown that they need more time to es- Lastly, I wish the American public eral authorities about new facilities tablish a set of rules and procedures realized how much Senators on both and procedures. Such a top-down ap- that will do more than just shut our sides of the aisle work together. I wish proach does not work well in inter- borders down to legitimate travel and the American public realized the num- woven communities along the border, trade. ber of friendships there are on both where people cross daily from one side Mr. President, there is one item that sides of the aisle, both among the Sen- to the other for jobs, shopping, and cul- was in the Senate passed version of ators and their families. Are we going tural events. We have hardened secu- H.R. 2764, the State and Foreign Oper- to pass a perfect bill here? No. Am I op- rity around this Capitol and the White ations Appropriations bill, that the posed to the blank check for Iraq? Yes. House and built fences near San Diego. conferees agreed to address in the ex- We have been in Iraq longer than we But those procedures do not work on planatory statement accompanying the were engaged in World War II. It is Canusa Avenue in Beebe Plain, a two- amended bill that is Division J of the time to let our brave men and women lane road where one side of the street omnibus bill, relating to Uganda. come home to their families. I believe is Vermont and the other side is Que- That language directs the Secretary that from the bottom of my soul. The bec, or at the Haskell Free Library and of State to submit a report within 90 opposition I have to this bill is because Opera House, which straddles the inter- days detailing a strategy for substan- of that. national border in Derby Line, tially enhancing United States efforts I know how proud I was when my Vermont, and Stanstead, Quebec. to resolve the conflict between the youngest son, LCpl Mark Patrick That is why I am pleased that this Lord’s Resistance Army and the Gov- Leahy of the Marine Corps, was one to bill includes a much-needed delay for ernment of Uganda. The language answer the call in Desert Storm, as full implementation of the so-called specifies certain issues to be addressed much as I feared for his safety, and Western Hemisphere Travel Initiative, in the strategy. It also indicates that

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.044 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15868 CONGRESSIONAL RECORD — SENATE December 18, 2007 $5 million is provided to implement the water compacts, direct congressional appropriations bill. Only the Senate strategy. appointments, or equitable apportion- Energy and Water Appropriations Sub- Due to an oversight, the $5 million ment by the Supreme Court of the committee approved this language. It was omitted from the funding table in United States. has now been included in this omnibus the explanatory statement under the Obviously, interstate water compacts bill. That simply is not right. Economic Support Fund heading. How- are the preferred method for allocating Finally, let me say that I noted with ever, it is the intent of the conferees water, because they allow the States, interest the fact that last week, seven that this amount in unallocated Eco- which are the most knowledgeable States in the western part of the nomic Support Fund assistance be about their own water resources and United States signed a historic water- made available for this purpose. needs for water, to do the apportioning. sharing agreement. Mr. President, I yield the floor. I see That is what the Governors of Georgia, I congratulate those from Utah, Ari- the Senator from Georgia is about to Alabama, and Florida are currently zona, California, Colorado, Nevada, speak. trying to do. New Mexico, and Wyoming who worked The PRESIDING OFFICER. The Sen- The State of Georgia shares the Apa- on this issue and were able to complete ator from Georgia. lachicola-Chattahoochee-Flint River what I am sure was a very difficult Mr. CHAMBLISS. Mr. President, I Basin with Alabama and Florida. Geor- process. It gives those of us in the know many of my colleagues have be- gia also shares the Alabama-Coosa- Southeast hope for that light at the come involved in issues in their States Tallapoosa River Basin with Alabama. end of the tunnel, hope that we, too, stemming from a shortage of water After 17 years of litigation, the Gov- can reach agreement one day. I ask my over the years. Sometimes these issues ernors of these three States are finally colleagues to consider for a moment are intrastate, sometimes they are at the negotiating table finding a way that if during the midst of progress on interstate. Regardless of the size or forward on this very difficult issue. that historic water agreement a Mem- scope, they always get very com- I commend them for doing so during ber of the Senate attempted to use the plicated quickly. these exacerbating drought conditions appropriations process to prevent the The water wars between Georgia, we are now experiencing. It is always Corps of Engineers from implementing Florida, and Alabama that have been harder to discuss sharing water when the most up-to-date information in the going on for decades are no different in there is less of it to go around. So dur- management of the water that crosses that regard. They too get very com- ing this time of progress, it is mind those States. I hope those colleagues plicated very quickly. There are dec- boggling to see this language in the would consider the negative impact ades of negotiations, agreements, law- omnibus bill intended to block that that would have on the process in suits and settlements, and the Gov- progress. It is a blatant dilatory tactic. which their States were engaged. ernors of the three States are still at- I am disappointed it is included in this I read very carefully the language my tempting in good faith to come to a bill. I am disappointed for several rea- colleague from Alabama inserted into resolution. In fact, those three Gov- sons. this omnibus bill. I can only take sol- ernors met in Tallahassee, FL, yester- First, this is not an issue into which ace in the fact that at least the lan- day, along with Secretary Kempthorne, Congress should be inserting itself. The guage allows the Corps of Engineers to Corps of Engineers is required by Fed- to create a roadmap forward on this continue the process of updating the eral statute and their own regulations very complicated issue. water control manuals, even though it There is language included in this to operate the reservoirs with up-to- seems to prevent them from actually Omnibus appropriations bill that does date water control manuals. However, implementing those manuals, whatever for the ACF basin, the only approved not resolve the very complex problems recommendations come out of those water manual was prepared in 1958 and that the three States continue to deal manuals. We all know updating water does not even include the Federal fa- with, the allocation of water among control manuals is a 2-year process. cilities at West Point, Walter F. them. Rather, the language in this bill You can rest assured that we will re- George, or George W. Andrews. seeks to, one, insert Congress into the visit this issue and rest assured when The process of updating the manuals the time comes, I will do everything in middle of an ongoing dispute and at- has been on hold for almost 20 years as tempts to pick winners and losers in my power to make sure these critical litigation between the States has been updated manuals are actually imple- that dispute; two, it attempts to limit ongoing. However, last year, the U.S. mented. I think at the end of the day the ability of the Corps of Engineers to District Court for the District of Co- my colleague from Alabama will dis- provide complete and accurate tech- lumbia ordered that the Corps of Engi- cover that updated water control nical data to make recommendations neers proceed with its NEPA studies, manuals will benefit all parties in- to the States involved in the dispute; which is the necessary first step in up- volved in the difficult negotiations of and, three, prohibits the Corps of Engi- dating the water control manuals. The water allocation among the three neers from completing the process of court ordered it be done as expedi- States. updating water control manuals, which tiously as possible. I yield the floor. they have begun to do on one basin, Apart from the fact that Congress The PRESIDING OFFICER. The Sen- and which they are required to do by should not be inserting itself in this ator from Georgia. statute and their own regulations. issue, apart from the fact that every- Mr. ISAKSON. Mr. President, I asso- I object strongly to the language re- one knows updated water control ciate myself entirely with the remarks garding this issue included in this bill. manuals are required by law, have been of the distinguished Senator from The Army Corps of Engineers operates ordered by a Federal court and are ben- Georgia. Secondly, I express my appre- a number of different reservoirs across eficial to all parties, I am also dis- ciation to Senator REID for his attempt river systems around the country. Nor- appointed to see this language because when this was discovered to allow us a mally they conduct their operations of the process by which it got into this chance to debate the merits of the pro- under a water control plan, which is a bill. posal in division C of section 134 of the plan that identifies the objectives for This language was not in the House- Omnibus appropriations act. Unfortu- managing the system; basically, the re- passed version of the Energy and Water nately, that could not be done. Senator lease and retention of water for dif- appropriations bill. And, in fact, the CHAMBLISS and I are left with express- ferent needs, such as navigation, water only instance in which the House has ing our deep disappointment on the supply, hydropower production, recre- considered this issue was last year dur- floor of the Senate tonight. ation, as well as other needs. ing the debate on the fiscal year 2007 I ask unanimous consent to print in The water control plan is the manual Energy and Water appropriations bill. the RECORD the complete article of a by which the Corps of Engineers man- Similar language was removed from December 18, 2007, front-page article ages the river systems, and they do so that legislation by a House vote of 216 from the Marietta Daily Journal enti- within the confines of water alloca- to 201. So this language was not in the tled ‘‘Drought Talks to Speed Up.’’ tions set for each State. House-passed bill. There being no objection, the mate- Now water can be allocated among The full Senate did not even debate rial was ordered to be printed in the States in one of three ways: interstate the fiscal year 2008 Energy and Water RECORD, as follows:

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.164 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15869 [From the Marietta Daily Journal, But fishermen have said that to keep the There is no more precious gift than Dec. 18, 2007] low amount of water going into the bay water, no better and more precious re- DROUGHT TALKS TO SPEED UP through the spring spawning season would source than water. There also is noth- (By David Royse) devastate the industry. Crist said he understands the needs of the ing better in the legislative process TALLAHASSEE, FLA.—The governors of bay’s fishermen and oystermen, who com- than a spirit of cooperation between three drought-stricken Southeastern states plained in a recent meeting that the river each of us who shares borders in our agreed Monday to speed up talks on sharing mouth and bay are already so salty that oys- States so as to find the right way to water during scarcities, hoping to end a ters can’t survive. Speeding up the timeline solve problems, not have dilatory tac- nearly 18-year fight over the issue by March. could mean earlier relief. The governors of Florida, Alabama and tics to postpone or delay problems. ‘‘Florida’s oyster industry faces an uncer- I conclude by expressing my deep dis- Georgia and federal officials also agreed not tain spring, due to the current drought,’’ to reduce for now the minimum amount of Crist said. ‘‘Spawning season is critical to appointment that the Omnibus appro- water that will flow into the Apalachicola our northwest Florida economy.’’ priations bill contains division C, sec- River, which feeds a major oyster breeding Crist also hinted that Georgia might need tion 134, which has those potentially ground in the Florida Panhandle. That eases to increase its conservation—noting Florida limiting factors and urge my col- the minds of some fishermen and Florida of- has made moves to cut use since the drought leagues to look to the future to find so- ficials—they had feared the flow could be began. lutions, rather than a way to protract further reduced to meet drinking water ‘‘We all share the difficulties of the current needs in Atlanta. Florida’s Charlie Crist, drought—all three of our states must provide and delay and find confusion. Georgia’s Sonny Purdue and Alabama’s Bob for comprehensive water conservation ef- I yield the floor. Riley said they agreed that their staffs will forts,’’ Crist said. The PRESIDING OFFICER. The Sen- continue to work together to come up with a None of the governors, however, would talk ator from New Mexico. plan for dolling out the region’s water by specifics about where their chief remaining Mr. DOMENICI. Mr. President, I March 15. obstacles lie. wanted to say to the two Senators who That was hopeful news to fishermen along Water flows into the bay are also a concern have just spoken, this Senator from the Panhandle Gulf Coast, who were looking for environmentalists, who worry about the effect of less water on other species besides New Mexico is ranking member of that at the prospect of water flows remaining committee. I am not chairman any lower than they say they can tolerate until oysters. June 1, when an interim agreement on flow The endangered Gulf sturgeon, and two longer of the committee they have al- levels originally had been set to expire. Now, species of mussel, the fat threeridge and the luded to. I can assure them that it was there’s a possibility of agreeing on raising threatened purple bankclimber, are also im- not overt action on this Senator’s part the amount of water coming into Florida periled by lower flows. that put that provision in the bill. I In early December, authorities said there earlier. think you know that. We would be ‘‘We’re cautiously optimistic,’’ said Kevin was less than four months of available water left in Lake Lanier. Perdue said recent re- talking; I am pretty accessible. You Begos, the director of the Franklin County two have already been telling me. I am Oyster & Seafood Task Force. ductions in flow that Florida opposed have U.S. Secretary of the Interior Dirk Kemp- aided in raising the lake’s level. hopeful that my presence on that com- thorne, who also participated, said he was ‘‘The flow reductions have helped, the abil- mittee will be of help to you in resolv- pleased the governors have agreed to try to ity to recover some of the rainfall and store ing whatever problems might be caused end the states’ nearly two decades of dis- that has helped,’’ Perdue said. ‘‘But we’ve by its being there. Having said that, I agreement on the issue as early as this got to have a protocol that determines how we’re going to share in times of scarcity, and want to make a comment. If it takes spring. me an extra minute, I ask for an extra ‘‘This was real. It was meaningful,’’ Kemp- that’s what we’re all trying to figure out.’’ Just last week, Florida water managers ap- minute at this point. thorne said. ‘‘The atmosphere today reinvig- proved restrictions on water use in the orates me that we can get this done.’’ The PRESIDING OFFICER. Without One of the worst droughts in years in the southern part of the state. Starting early objection, it is so ordered. Southeast has created a sense of urgency, all next year, outside watering will only be al- Mr. DOMENICI. I come to the floor three governors acknowledged. lowed once a week from Orlando south to the as I embark upon my last year as a ‘‘We’re talking about solving something Keys. Senator after 35 years. Tonight, today, we’ve been working on for 18 years within The meeting also follows a major agree- ment signed last week that will allow seven this week, this month reminds me of the next two months,’’ Riley said. something. It reminds me that it is The fast-growing Atlanta area gets most of western states to conserve and share Colo- its water from Lake Lanier, at the head of rado River water, ending a divisive battle time for the Senate to have a serious the river basin shared by the states. But among those states. debate on whether we should be doing drawing more water from the lake means Mr. ISAKSON. I would like to read appropriations every year and doing a less for downstream uses in Alabama and one sentence from that article: Gov- budget resolution every year or wheth- Florida. ernors Charlie Crist of Florida, Sonny er it is time for the Senate to do that Alabama is concerned about water for the Perdue of Georgia, and Alabama’s Bob on a 2-year basis, as many States do, Joseph M. Farley Nuclear Plant, near Riley said ‘‘that their staffs will con- and as we certainly could do, taking Dothan. Florida is concerned about freshwater tinue to work together to come up with the first year for appropriations and flowing into Apalachicola Bay, a prime shell- a plan for doling out the region’s water budgeting and the second year of the fish producing area, that produces about 1 in by March 15.’’ bi-cycle with no appropriations other 10 of the oysters eaten in the country. That common goal stated by those than emergency supplementals or The amount of freshwater flowing through three Governors today in Florida puts whatever we define. I believe it will the Apalachicola-Chathoochee-Flint river us within less than 90 days’ reach of work. I believe it will work because it system into the Gulf at the mouth of the what has been out of the grasp of the Apalachicola River has been reduced to near is better than what we have. I also be- historic lows, threatening the fishing indus- States of Georgia, Alabama, and Flor- lieve things are so bad in terms of not try there. ida for 18 years, since 1989. At the last being able to get our work done and The flow increased in recent days because minute, because of a broken process for ending up with appropriations like of a downpour over the weekend, but it had an Omnibus appropriations bill to con- this. been reduced to a level that fishermen had tain legislation that directs, poten- As good as they are, as hard as people said wouldn’t sustain their industry. Making tially limits, or sets the parameters by work, everybody knows it is not the them more nervous, U.S. Corps of Engineers which the Corps of Engineers might be way to do business. We have done it. officials had said they might reduce the flow further. And it wasn’t likely to be renegoti- able to implement control of the wa- Democrats have done it. I lay blame on ated until June 1. terways is just not right. It is my sin- no party. I merely say the Senate can’t At a Cobb County-Marietta Water Author- cere hope at some time in the future sleepwalk through this for much ity meeting on Monday, authority General those who might have thought this was longer. This is a huge problem with a Manager Glenn Page said that for the first a good idea will recognize it is actually simple solution. The solution will be a time since May, the level of Lake Allatoona contrary to what we in the Senate little one that will address a huge prob- increased. from the three States have attempted lem. Plain and simple, the legislation At full pool, Lake Allatoona is 840 feet above sea level. Page said the lake on Mon- to do when we had a summit in Wash- is drawn, committees have had hear- day was at 819.15 feet, about 5.5 feet below ington less than 2 months ago with our ings, a 2-year cycle for the processes of average for this time of year. On Friday, the three Governors and the Secretary of budgeting and appropriations. I hope lake level was 818.88 feet. the Interior. those who have come up to me in the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.047 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15870 CONGRESSIONAL RECORD — SENATE December 18, 2007 last week will follow through. I hope the Senate. It was received yesterday. lobbyists who need a lot of the special the chairman of the Committee on the Normally it is a courtesy in the Senate projects and earmarks in this bill. Budget, who has indicated he is going that the bills we are debating are So instead, we have come up with to look carefully and study thoroughly, placed on every Senator’s desk so that this arcane procedural process. This is will do that quickly. we can at least have the pretense that not really a bill; it is some form of I would like to join with those early we have looked at them. But you will message. And we are going to pass it on next year in seeing what we can do notice that this bill is not on any desk separately so that we can have it both to better a process that has served us in the Chamber because there is not ways and no one can be blamed for the well but, clearly, at this point in his- one single Senator here tonight who mismanagement. But there should be tory, considering the size of govern- can say they have read this bill. no mistake. NANCY PELOSI is the ment, how often government must Mr. DURBIN. Will the Senator yield Speaker of the House, and HARRY REID produce budgets, how wasteful that is, for a question? is the Senate majority leader. The all the other things that go with it, I Mr. DEMINT. No, sir, I am going to Democrats are in charge of Congress. would hope we might make some giant make my statement. I know we are all This is their process. It is their bill. move in the right direction. tired and ready to go home. I do appre- And I am afraid, my colleagues, it is a I yield the floor. ciate the work of my colleagues. I wish disgrace. The PRESIDING OFFICER. The Sen- them all a very Merry Christmas and a This is the bill. As I have said, it ator from Vermont. wonderful time with their families. But might be the largest bill in the Na- Mr. LEAHY. Mr. President, I am ad- this is the last bill of the year. It is not tion’s history. It is the most expensive vised that there are between both sides just any bill. We began the year, all of bill in America’s history—3,400 pages- nearly an hour and a half left to de- us, very hopeful. Oftentimes a change plus; 24 hours to consider its contents. bate. My colleagues have been asking is helpful as we rethink how we do It took over 6 hours just to print this when we might vote on this and on the things. In fact, I began this year intro- out. There is one copy in the cloak- judge who is also to be voted on. If my ducing one of Speaker PELOSI’s bills room on both sides. We have not even friends on the other side are willing to that provided more transparency to read it. It contains over 9,000 earmarks. yield back all their time, I am willing earmarks that I thought was better If we can see this chart over this large to yield back all time on this side and than ours. I introduced it on the Sen- stack of legislation: 9,100 earmarks, go to a vote on this measure. I am not ate side. But, unfortunately, as we plus the 2,100 that have already been trying to cut off anybody from their have gone through the year, we haven’t passed. long speeches. But if they are willing been able to get our work done. If you remember, a lot of the culture to do that, we could save an hour and We like to say we are the world’s of corruption we talked about at the a half, yield back time on both sides, greatest deliberative body. I have to beginning of this year was attributed and then yield back everything but 1 ask my colleagues tonight, on the larg- to the earmarks—trading earmarks for minute per side on the judicial nomina- est bill we have ever considered, the bribes and earmarks for campaign con- tion and go straight to a vote on that. most expensive bill we have ever con- tributions. The new majority promised Do I hear any takers? sidered, what deliberation? the American people, with my support, I ask unanimous consent that all We don’t even know what is in this that we would reduce the number of time be yielded back on both the Re- bill. We haven’t had any real debate. earmarks significantly. publican and Democratic side. We are going to try to cut it off in an One of the last acts of the Republican The PRESIDING OFFICER. Is there hour or so. This is a couple of times majority was to stop the big omnibus objection? bigger than the Bible. It is bigger than last year and to force a continuing res- Mr. DEMINT. I object. Webster’s Dictionary. It has some of olution where the result was only 2,600 The PRESIDING OFFICER. Objec- the most important provisions to di- earmarks. tion is heard. rect our country over the next year Those who say this large number of Mr. LEAHY. You want to stay here that we could possibly consider. We earmarks has always been a part of the for the next hour and a half and vote don’t even have a desk copy. Senate do not know our history. All and the next hour or so for the judge I would like to make a few things you have to do is go back to 1995: 1,400 and vote. clear about this bill. This does not in- earmarks. If you go back past then, Mr. DEMINT. Will the Senator yield? clude the Iraq and Afghanistan money. there were fewer than that. I think there are a few of us who would We voted on that separately. It is done. This is not a constitutional function. like to make comments on the omni- It is going to go back to the House. A It has not been part of the history of bus, but I don’t think we are going to vote against this bill is not a vote the Senate. This growth in earmarks is use all of our time. against our troops, but it is a vote a perversion of the purpose of this Con- Mr. LEAHY. I recommend that the against how this has been done and the gress, where we have changed our focus Senators, for those who wish to go mismanagement that has occurred. To from national interests, the future of home, may want to make speeches bring this much spending and this this country, to parochial, special in- after the vote. If they would like to many provisions, 3,400 pages plus in 24 terests that we work on every year and make them before, of course. If they hours, and ask us to vote on it is irre- hardly even talk about those issues would like to make them before, they sponsible. that challenge our Nation—such as a have that absolute right, and we would There should be no confusion to- Tax Code that is sending jobs overseas; not yield back any time. night. We are not going to vote on the entitlement programs, where we do not Mr. DEMINT. That is my preference, Iraq funding, which we passed. I am have a clue how we are going to pay for to make some comments. here to encourage my colleagues to them; health care, when people cannot Mr. LEAHY. Then I will not yield consider for many reasons voting receive it in our country. We are fight- back. against this omnibus spending bill. I ing over bike paths and museums and The PRESIDING OFFICER. Who am afraid it is indicative of the way we little special projects all year long. yields time? have run this year, as we look at this This year, with the new majority, we The Senator from South Carolina. big bill sitting in front of us. are back up to the second highest level Mr. DEMINT. Mr. President, hope- I am afraid the new majority has at- in history of the number of earmarks, fully, we can cut the time short. We in- tempted to cater to so many special in- special project earmarks, that we are sist on some comments about this bill terests with so many diverse interests supporting in this bill right here, and because it is probably the largest bill that we have really become dysfunc- we do not even know everything that is that has ever passed in the Senate. It is tional and have not been able to get in it as yet. It contains at least $20 bil- sitting in front of me tonight. It our work done. They cannot really sup- lion in budget gimmicks and so-called amazes me we are willing to take this port the funding of the troops or they emergency spending. I could go down lightly. This is the bill we are getting will irritate the antiwar left. They can- the list. It would put a lot of people to ready to vote on, probably the biggest not vote for fiscal responsibility or sleep. There are a number of ridiculous spending bill that has ever passed in they will irritate the special interest provisions that we are just finding.

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.167 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15871 The serious debate over immigration compromising of our border security. ator—he has probably followed this— came down to at least one starting so- The list is getting longer and longer, the Senate Appropriations Committee lution: that we are going to secure our and we are not even a quarter of the has considered all of the bills that are borders. We voted the money to build way down the bill yet. contained therein. There have been fence and barriers on our borders. But I encourage my colleagues to join the changes, for sure, but those that came this bill changes what we have already American people and help us stop to the floor—about 7 of them—passed passed. It allows for only a single-layer wasteful spending. This is the last bill with over 75 votes apiece. So to suggest fence and takes out the requirement of the year. It is the last vote. It is that this is a mystery document is to for the location of the fence in States, going to say a lot about this Congress ignore the Internet, ignore the avail- that the money cannot be released and what we have accomplished. This ability, and ignore the obvious. The until 15 new requirements authored by is our chance to at least say: No more last time, the Republican majority the Appropriations Committee are sat- business as usual. We are not going to passed two appropriations bills. Con- isfied. It is just designed to delay what do business this way, where we pile gratulations. We want to pass them all. the American people made clear to us 3,400-plus pages on a desk, in 24 hours, And this is your chance. You can vote earlier in the year. They want us to and ask the Senators of this country to no. That is your right as a Senator. have a country with secure borders. vote for it without even knowing what Let me say a word about earmarks. This bill changes that. It also provides is in it. It is not the way to run a Sen- About 4 inches of the document in $10 million to pay for lawyers for ille- ate. It is not the way to run a country. front of you consists of complete dis- gal aliens. I plead with my colleagues, let’s closure on earmarks—the most de- The English requirement. The Senate leave this year on a positive note. Vote tailed disclosure in the history of Con- passed language earlier in the year to against this omnibus and give Ameri- gress. And your chart, unfortunately, ensure that employers are not sub- cans a real Christmas present. tells the story from the wrong angle. jected to Government-funded lawsuits Thank you, Mr. President. I yield The total dollar amount of the ear- if they require English in the work- back. marks contained in those appropria- place. This bill takes that protection The PRESIDING OFFICER. The as- tions equals 43 percent of the earmarks away from employers and exposes them sistant majority leader is recognized. contained in the Republican appropria- to lawsuits because they need English Mr. DURBIN. Mr. President, for 46 tions bills of 2 years ago. A 43-percent spoken in the workplace. hours and 8 minutes—for 46 hours and 8 reduction in the dollar value of ear- Sanctuary cities. The prohibition minutes—the Senator from South marks, total transparency, total dis- against sanctuary cities was taken out. Carolina has had an opportunity to go closure—I thought that is what you There are special earmarks for the to the Internet and see this bill in its were asking for when you stood up dur- AFL–CIO, a number of others. entirety, with his staff, and to read ing the ethics debate. We could go down the list. Again, we every page—46 hours and 8 minutes. Let me also say that the Senator is are just starting to find out what is in For this Senator to suggest on the opposing the removal of authorization the bill. I know very few Senators here floor that we are sneaking this bill in, language from appropriations bills. tonight know what is really in it. that people have not had a chance to That is a point under our rules that is The organizations that are watching see it, I would just say to the Senator debated all the time. It happens. It this Congress to try to identify waste from South Carolina: Welcome to the happened in my bill, in my appropria- are going to be key voting this tonight. world of the Internet. This bill has tions bill. And most of the time it hap- I think my colleagues know they con- been posted since 12:15 a.m. Monday pens because the White House tells us sider that a very serious issue. The morning on the Internet for your pe- they do not want the language. Citizens Against Government Waste rusal. That is early to get up, I under- The last point I want to make to you are saying vote no. The Club for stand. It is an early time to be reading is that to suggest that this bill is Growth says vote no. The American the bill. But, please, do not come to the wasteful spending comes at just the Conservative Union says vote no. The floor and suggest that this is a mystery right moment—just the right mo- Americans for Prosperity: No. Ameri- bill which no one has seen. For 2 days, ment—after the Senator from South cans for Tax Reform: No. National Tax- this has been posted on the Internet. Carolina voted for $70 billion on a war payers Union. We can continue to go You have had your chance. Every Sen- that is not paid for. And the Senator down the list. All the organizations ator has had a chance. And inciden- joined in opposing our efforts to pay that downloaded this off the Web last tally, this bill was passed pursuant to a for a reduction in taxes. Wasteful night and began looking through it budget resolution. spending? What the Senator did in within an hour or two found things Mr. DEMINT. Has the Senator read those two votes is to pass billions of that made it unacceptable. the bill? Have you read the bill? dollars in debt on to future genera- It is an unacceptable bill, and it Mr. DURBIN. Regular order, Mr. tions. should not be part of the world’s great- President. The Senator from South I would urge the Senator, discover est deliberative body tonight. But I Carolina would not yield for my ques- the Internet, discover the opportunity think we agreed—I think the American tions, and ordinarily I do, but I am to read these bills. And when you do, people asked the new majority to end going to make this quick because it is you will see that this information has business as usual. I hope we can do that late at night. been available now for 46 hours and 13 tonight. I hope we can give the Amer- I say to the Senator from South minutes. ican taxpayers a real Christmas Carolina: Welcome to the Senate where I yield the floor. present and stop wasting their money, we pass a budget resolution. We did The PRESIDING OFFICER. The Sen- stop breaking the promises. While we that this year. It is new to the Senate. ator from Vermont. are making all the new promises in We did not do that last year. Welcome Mr. LEAHY. Mr. President, in this here, we are not making provisions to to the Senate where we are going to discussion of earmarks, of course, the keep the promises we make. pass appropriations bills. It did not elephant in the room—and I do not nec- I know most of my colleagues believe happen last year. The Senator may re- essarily mean that as a pun—are the this is not the way we should be run- call when he arrived that the Repub- hundreds of billions of dollars of ear- ning the Senate and that they would lican-controlled Senate failed to pass marks from the President of the United like for there to be a better way. We do 11 appropriations bills, and we had to States: the blank check to the war in not have to vote against the troops to pass them when we arrived in the new Iraq; the blank check to the people who vote against this bill. I would encour- Senate. are hired as contractors, various com- age my Democratic colleagues, many So for him to suggest that what we panies—Halliburton is one that comes of them who have stood with us this are doing here does not give the Amer- to mind, but many others, Blackwater year on earmark reform, that is one ican people a chance to see what has and so on. These blank checks—nobody reason alone to vote against this bill: happened—this has been the most wants to talk about those. the policy changes, the moving more transparent approach to passing these But every President—not just this money to Planned Parenthood, the bills. In fact, I might say to the Sen- President but every President—has

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.169 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15872 CONGRESSIONAL RECORD — SENATE December 18, 2007 hundreds of billions of dollars in ear- tion, I will move again to yield back Bush, but it does so in a way that uses marks in the bill. This President has all time on this vote and all time on budget gimmicks and hides billions of had trillions of dollars. That is why the judge’s vote, so we can go to both dollars in extra spending. As the only this President, who inherited the larg- those votes back to back. accountant in the Senate, I can tell est surplus in the Nation’s history, has The PRESIDING OFFICER. The Sen- you the Federal Government’s budg- turned it into the largest deficit in the ator from Wyoming is recognized. eting is criminal. If a private company Nation’s history. And it is why? Be- Mr. ENZI. Mr. President, I do need to forgot to count $11 billion against their cause with the combination of his defi- rise to speak in strong opposition to budget, the CEO would go to jail. cits and his war in Iraq, he is just pay- what folks in Wyoming have figured I support some of the funding in this ing the interest on the Bush adminis- out is an ominous omnibus appropria- bill. I support full funding for our vet- tration’s debt and the war—just the in- tions bill, and they think there are lit- erans. I support providing money for terest and the cost of the war. erally billions of reasons to vote border security. Almost all of these Every day, 7 days a week, 365 days a against this bill, and that is what I in- provisions are worthy areas for Federal year—366 in leap year—we spend $1 bil- tend to do when I vote on it. funding. But we cannot spend money lion every single day—every single We are nearly a quarter of the way on everything we want and call our- day—in interest and the war in Iraq. through fiscal year 2008 and only one of selves fiscally responsible. If the That is money that does not go to edu- the 12 appropriations bills is law. The money is needed for these programs, cation, does not go to finding a cure for remaining 11 bills are stuck together in maybe we should cut out the more cancer or Alzheimer’s or diabetes or this bill. There is one-half trillion dol- than 9,000 earmarks that were in the AIDS. It is $1 billion a day that does lars of spending in the 3,000-page bill. bill to pay for them. At some point, not go to educate our children and our Now, when I was going to school, we someone will have to pay for our over- grandchildren. It is $1 billion a day spent a lot of time figuring out what a spending, and I would ask: Where do that does not go to find a way to make million was, and I think I kind of fig- my colleagues think that money comes sure our schools can start competing ured that out after I got here. But we from? This money is coming from again with schools around the world. It talk mostly about billions, and that is mothers working at the mall or fathers is $1 billion a day that does not go to a little tougher to do. But I did run who are building buildings or farmers paying down the national debt. into one example that explains a bil- plowing their fields. They do not work So those are the earmarks we do not lion a little bit, and that is if we are so hard so they can serve up a dish of talk about. talking about a billion seconds ago, we pork to people thousands of miles away Mr. President, I yield to the senior are talking about 1959. If we are talk- without their consent. But that is what Senator from Florida. ing about a billion minutes ago, Christ the architects of this bill are doing. Mr. NELSON of Florida. Mr. Presi- was walking the Earth. If we were talk- My concerns with this bill are more dent, I thank the distinguished Senator ing about a billion dollars of spending than just fiscal. We do have a process from Vermont. I will be very brief. I ago, we are talking about 8 hours and around here for considering legislation. will vote for this bill. There are good 20 minutes, the way we are spending it I am talking about legislation versus things in the bill and there are bad right now. appropriation. This bill ignores that things. One bad thing, as the Senator There was some comment about not process and the Senate rules that ex- from Vermont was listing off a number having access to the bill. Well, the Web pressly prohibit legislating on appro- of things that have not been ade- site had the bill the way the House was priations bills. By making it an omni- quately funded, is the fact that the to address it 2 days ago. I suspect you bus bill, it makes things that are im- widows and orphans of the people who can get through the 3,400 pages if you portant seem insignificant when com- have served our Nation in uniform are stayed up the whole 48 hours and read pared to the one-half trillion dollars we not being compensated a paltry $1,200 a it, but we didn’t know what that bill are spending. So it seems petty if any- month due to an offset between what was going to be after their action until body suggests taking out some minor they paid—what their spouse paid for less than 12 hours ago—perhaps a few item of a few million, or even a few bil- in the spouses’s benefit, and what, more than that, considering the time lion, considering the size of the bill. under the dependents indemnity com- of night it is now. But this is a real But I am talking about the legisla- pensation, they are entitled to by law. unreal state of affairs and it has be- tion part. It ignores the process and This bill, to its credit, tries to ad- come the norm. the Senate rules that expressly pro- dress that offset but addresses it with a It has been pointed out that this isn’t hibit legislating on appropriations paltry $50 per month for those widows the only year we have done an omnibus bills. Again, because it is an omnibus and orphans. It was President Lincoln bill, but this is exhibit No. 1 on what is bill, we don’t have the same right to who said a Nation has an obligation for wrong with government in this coun- challenge parts that would be legis- those who went to war to care for the try, and I don’t want to condone it. lating. We do hold hearings in com- widows and orphans. Widows and or- Every year this happens, every year we mittee. We work within the committee phans are a cost of war, and we have drive an omnibus, we get closer to fi- to develop and pass legislation. Then denied that cost and we still do so nancial ruin when we do that. What we consider the bill on the Senate again tonight. We have only been have we been spending our time on this floor. We do this so that important working on this for 7 straight years, year? Political votes, not policy votes. issues get the input and attention the and at least we got a paltry $50. But And the American taxpayer is paying American people expect and deserve. It there is much more that needs to be the price here in the eleventh hour to might take longer to go through these done to right this wrong. the tune of billions of dollars. steps, but the product is better; not I yield the floor. In the 2006 mid-term elections, the perfect, but certainly better than the The PRESIDING OFFICER. The Sen- American people called on us to stop product that is before us today. ator from Vermont is recognized. business as usual. They called on us to The amount of legislating in the Om- Mr. LEAHY. Mr. President, I see the stop overspending. They called on us to nibus appropriations bill, particularly Senator from Iowa, who obviously has change. That is the message we gave the Labor-HHS title, is criminal and the right to speak. Let me ask again them, that we were going to change. outrageous. HIV/AIDS funding is a per- how much time remains on both sides. But instead of change, we have seen fect example. A year ago, we passed a The PRESIDING OFFICER. The ma- Washington run in a more partisan bill with a formula in it that made sure jority controls 30 minutes and the mi- manner than ever before. This bill con- that money for HIV/AIDS followed the nority controls 32 minutes. tains 3,400 pages, and I can’t imagine patients. How well did that do? It Mr. LEAHY. Mr. President, I hope we that many of my colleagues have read passed unanimously in the Senate and can quickly reach a point where Sen- it, even those who knew it was on the it passed unanimously in the House. ators on both sides are willing to finish Web site 48 hours ago. You can’t be more bipartisan than speaking. Obviously, I am not going to In the crazy world that is Wash- that. You can’t be more agreeable than ask to cut off anybody’s time. As soon ington, the bill complies with the that. We said the formula was right as there is no Senator seeking recogni- spending level set forth by President and that the money should follow the

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.170 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15873 patients. Well, there is legislation in oil and gas wells, with no guarantees from the budget, and he turns right this bill that changes that formula, that the permits will move forward in around and demands that Congress add and it never received a hearing before a an expeditious manner so they can more than 10 times that—more than congressional committee, it has never produce more domestic energy. If we $200 billion—for wars and tax cuts, all been marked up, and it was inserted in don’t produce more energy, the price, I of it unpaid for, all of it added to the the House bill without a full debate or guarantee you, will go up. You cannot deficit. And this is what he calls budg- even a vote. constrain the supply and get the price et restraint and fiscal conservatism? We struck that part over here. We to go down. As I said, that claim is simply laugh- struck that part by a very significant It is unfortunate that Congress wait- able. vote because it was mostly 7 cities ed until December 18 to advance these Actually, this is not so much laugh- stealing from 42 other cities. That is appropriations bills. Without the able as it is shameful. Bear in mind not the way to legislate. So striking ‘‘gotcha’’ politics part, they could have that in October the Senate passed an that part did occur in the Senate by a been completed more than 2 months appropriations bill for Labor, Health significant vote. So much for trans- ago. They could have been completed and Human Services, and Education by parency and sunshine in Washington. in a very bipartisan way. We have to an overwhelming 75 to 19 margin, in- The Labor-HHS section of the bill is quit playing ‘‘gotcha’’ politics. Con- cluding a strong majority of Repub- not the only section that includes gress wasted countless weeks writing lican Senators. That bipartisan support problematic legislation. The bill in- and debating bills that were never reflected the fact that the bill funded cludes provisions that allow a 2-percent going to be signed. The President has essential, life-supporting, and life-sav- deduction of State mineral royalty been quite vocal about his objections. ing services for millions of people in payments to help cover administrative People on both sides of the aisle have this country. That bill reflected the costs at the Department of Interior. expressed objections on a lot of the values and priorities of the American Let’s see, what does the Department of things we have voted on. people. Interior do? They get a check from Wy- So here we are today, a week before But even before we brought the oming companies, collected by the Christmas, cramming through in 1 day health and education appropriations State of Wyoming, audited by the a project larger than several Manhat- bill to the floor, President Bush threat- State of Wyoming, and they take half tan phone books, and that most of my ened to veto it. He dismissed the bill as of it and send us a check back for the colleagues have not had the time to ‘‘social spending,’’ as though it pays other half. That check is going to cost read and review, and that is even if for Saturday night socials or some- us $20 million. they divided it up among all their staff Whoever heard of paying somebody thing. Then, on November 13, in one and had them look at all the parts they fell swoop, Mr. Bush vetoed the bill, $20 million to write you a check? Well, are familiar with. So I am telling you maybe there is some accounting they and insisted, again, that we bend to his I am offended by the process. I am dis- budget demands. have to do to figure out whether the appointed in the institution. I vote money sent was exactly right. You Let me remind our colleagues what ‘‘no’’ on the bill. I want us to change it. Mr. Bush was demanding. The Presi- know, accountants are not allowed to Mr. President, I yield the floor. take a percentage of the money. That Mr. HARKIN. Mr. President, I am dent demanded that we cut cancer re- is what lawyers do. Accountants are disappointed with the omnibus appro- search and other medical research at supposed to stay on flat fees, and I priations bill that is before us today. the National Institutes of Health. guarantee you nobody ever got $20 mil- With the McConnell amendment, this He demanded that we cut thousands lion for a few minutes work. That is omnibus bill will write yet another of families from the Low Income Home another example of the Government blank check—this one for a whopping Energy Assistance Program. taking money that is owed to States to $70 billion—for the President to spend He demanded that we completely pay for the unrelated Federal priorities on his wars in Iraq and Afghanistan. At eliminate the safety net that includes because a majority in Congress doesn’t the same time, this bill will grossly job training, housing, and emergency control spending. underfund urgent priorities here at food assistance for our most needy citi- The omnibus contains provisions to home—everything from cancer re- zens, including seniors and people with prohibit the Department of the Interior search to law enforcement to home disabilities. from issuing final regulations for oil heating assistance. He demanded that we slash funding shale development, even though the And why is this happening? It is hap- for Community Health Centers, pre- process for development was laid out pening because President Bush has re- venting 225 new centers from opening. through careful bipartisan negotiations fused to compromise, refused to nego- He demanded that we dramatically that came through a committee and tiate, refused to respect Congress as a cut funding for law enforcement and that were voted on by the people in the coequal partner in the budgeting proc- the COPS program. committee, that were voted on here on ess. He demanded that we cut funding for floor of the Senate, that were voted on The President claims that he is special education and Head Start. the House floor, and that were com- standing on principle, the principle of I am pleased to say that we did not bined into what we call the Energy budget restraint and fiscal conserv- allow these heartless, misguided prior- Policy Act of 2005. We said: Get that atism. But this claim is laughable. ities to prevail entirely. The President process set up. We didn’t say: Do the Think about it: Mr. Bush provoked a has refused to compromise, refused to process. We said: Get the process set bitter confrontation with Congress negotiate—and, no question, this is up. over the $22 billion that we proposed going to hurt millions of Americans, Well, there is language in this bill spending on urgent domestic priorities including the most needy among us. that says: You can’t set it up. You above his budget request. Democrats Nonetheless, I am pleased with what can’t do what we said in 2005 as a ne- offered to split the difference, lowering we have been able to salvage in this cessity for getting energy going in this that amount to $11 billion. But Mr. bill. country. Now, there are plenty of pos- Bush still refused to negotiate or com- The omnibus bill before us today sibilities for stopping that process promise. technically yields to the President’s through things that are already in Meanwhile, he and his allies have in- top-line number of $515.7 billion. But I place, but, no, there is legislation in sisted on vastly more than that—a am pleased to report that it shifts this bill that says: We don’t want en- total of $144 billion—for the war in Iraq funding in order to address some of the ergy. We don’t want you to even con- this year, all of which will simply be bottom-line priorities of the American sider energy. We don’t even want you added to the deficit. At the same time, people and of the Democratic majority to set up the regulations for how you he demands a $50 billion AMT fix— in Congress. might proceed in an orderly way so which we all favor—but he insists that Even within the constraints of this that we can object to that orderly way we not pay for it. That’s another $50 bill, the final Labor-HHS-Education if we want to. billion piled onto the deficit. section of the omnibus includes signifi- It also includes the new $4,000 fee for So the President has forced Congress cant increases above the President’s each application for a permit to drill to cut $22 billion in domestic funding budget. For instance, it includes: an

VerDate Aug 31 2005 06:53 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.172 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15874 CONGRESSIONAL RECORD — SENATE December 18, 2007 additional $607 million for the National lion, mostly for Iraq. The Congres- PECUNIARY INTEREST LETTERS Institutes of Health, additional $788 sional Budget Office now estimates Mr. HATCH. Mr. President, today I million for LIHEAP, the home-heating that Mr. Bush’s war in Iraq will cost a rise to discuss an unintended oversight assistance program for low-income staggering $1.9 trillion through the by my office in connection with the families. next decade. Yet, just last week, he disclosure of a congressionally directed It provides $77 million above the pledged to veto the omnibus bill be- funding project in the House message President’s budget for community cause of $11 billion in funding for edu- to accompany H.R. 2764, the Omnibus Health Centers, allowing more than 50 cation, health, biomedical research and appropriations bill. When I filed my new centers to be opened. other domestic priorities. original requests for funding for It provides an additional $955 million Think about it: The President is de- projects in May of this year, I did not for Head Start, Title I, special edu- manding that we continue to spend $12 realize the letter included a request to cation, and teacher quality. billion a month on his war in Iraq, yet fund the Old Dome Meeting Hall Ren- It also provides an additional $150 he objected to an additional $11 billion ovations project in Riverton, UT. Sub- million for the Social Security Admin- over a full year for domestic funding. sequently, with the enactment of Pub- istration to help clear out the backlog This is simply not reasonable or ra- lic Law 110–81 on September 14, 2007, of disability claims. tional. along with other Members of the Sen- However, because of the President’s At the same time, the President is ate, I was asked to sign, and did sign, veto threat and refusal to compromise, insisting that we send him an Alter- various certification letters in connec- law enforcement remains woefully un- native Minimum Tax fix costing $50 tion with our requests for project fund- derfunded, in particular support for billion. Yes, we need to fix the AMT, ing. local police departments. Fewer com- and we need to do so in a responsible Upon a review of our files last night, munity health centers will be opened way. But, Mr. Bush has a different with respect to the forthcoming House and fewer children will be vaccinated. idea. He refuses to pay for the AMT fix. message to accompany H.R. 2764, the More than 80,000 fewer children will be He insists that we simply pile it onto Omnibus appropriations bill, we deter- served under Title I. the deficit, dumping it on our children mined that the certification letters Every dime of additional funding in and grandchildren. sent to the committee may have been this bill goes to meet basic, essential Bear in mind, by the way, that this incorrect, as a member of my family needs here at home—needs that have AMT problem is not a surprise to any- may be deemed to have an indirect pe- been sadly neglected in recent years, one. The 2001 tax cut bill deliberately cuniary interest in one of the items re- even as we have squandered hundreds refused to address the AMT issue in quested in my letter to the Appropria- of billions of dollars in Iraq. order to squeeze in hundreds of mil- tions Committee dated May 15, 2007. I voted against the McConnell lions of dollars in additional tax cuts, Upon discovering this oversight, I for- amendment to provide another $70 bil- overwhelmingly for the well-off. Mr. warded a letter to the attention of Ap- lion in funding, mostly for Iraq. The Bush used the AMT to mask the true propriations Committee chairman, war in Iraq has not reduced the threat cost of the tax cuts. But, in doing so, ROBERT BYRD, and ranking Republican of another terrorist attack in America, he left the AMT as a ticking time- member, THAD COCHRAN, which I be- it has increased that threat. It has not bomb that would soon double the num- lieve to be in accordance with the facts defeated Islamic terrorists, it has ber of Americans subject to the tax. now known to me. Today, that time-bomb is exploding, I have chosen to address these issues brought more recruits to the ranks of threatening to hurt millions of middle- openly on the floor of the Senate to al Qaeda. class families. The House of Represent- clear up any facts regarding this com- Nor has the so-called ‘‘surge’’ in Iraq atives, to its great credit, came up pletely unintended and unfortunate succeeded as advertised. The whole ra- with a responsible way of paying for oversight. I want my colleagues to tionale for the surge was to create the AMT fix. The House proposed to know that I always have and will con- breathing space for new elections in eliminate the so-called ‘‘carried inter- tinue to do everything possible to en- Iraq and reconciliation between Sunnis est’’ tax break for hedge fund managers sure I meet all ethics laws, rules, and and Shiites. These things have not hap- with multi-million-dollar incomes—a requirements here in the U.S. Senate. pened. tax break that allows them to pay For the reasons I have outlined and I joined with Senator FEINGOLD to at- their taxes at lower marginal rates in an effort to meet the highest ethical tempt to link any new funding for Iraq than middle-income Americans. standards, I will be voting present on to a deadline for redeployment of our Eliminating this egregious tax break the Omnibus appropriations bill when I troops. Unfortunately, that amend- is a matter of basic fairness. It also otherwise would have supported the ment failed. This means that the next would help to pay for the AMT fix. But legislation. $70 billion appropriation for Iraq will the President said no. He promised to Mr. COCHRAN. I appreciate this col- not require any redeployments, nor veto it. All of which means that the $50 loquy and your intent to meet all the will it include any benchmarks that billion we spend on the AMT patch will new, as well as old, ethics requirements the Iraqi government must meet. It is not be paid for; it will be added to the regarding earmarks in appropriations simply a blank check, untied to any de- deficit and the debt. That is not just a bills. This is the first year for imple- mands or expectations, and that is un- shame; it is shameful. mentation of many of these new ethics acceptable. So I regret that the President vetoed rules and there has been some not un- Indeed, I find it ironic that Mr. Bush a good, bipartisan Labor-HHS-Edu- expected confusion over how some of has been more than happy to spend un- cation appropriations bill that passed the new requirements must be imple- told billions of dollars on schools, hos- this body overwhelmingly. I regret mented. I applaud your aggressiveness pitals, job training, and law enforce- that Mr. Bush has refused to negotiate in making sure that you have done ev- ment—in Iraq. But when we try to ad- or compromise. I regret that he de- erything within your knowledge and dress those priorities here at home, Mr. mands that we spend endlessly on his power to ensure that you have com- Bush gets out his veto pen and hoists war in Iraq, even as he demands that plied with all the rules and require- the flag of what he calls ‘‘fiscal con- we slash essential services and pro- ments that are specified by the rules of servatism.’’ grams here at home. the Senate with regard to the use of But, as I have said, Mr. Bush’s pose But, despite all of these disappoint- earmarks. Our discussion today pro- as a fiscal conservative is absurd. ments, we can take pride in the fact vides the type of transparency intended During the six years that the Repub- that this omnibus bill, in important by the ethics rules and should satisfy licans largely controlled Congress, Mr. ways, reflects the values and priorities all requirements with regard to letters Bush did not veto a single appropria- of the American people. We have found of pecuniary interest and earmarks as tions bill, including many that exceed- additional funding for our priorities— they relate to your situation. ed his budget requests. priorities ranging from cancer research Mr. HATCH. I ask unanimous consent He is demanding that we pass supple- to education to law enforcement. I urge that a copy of my letter to Chairman mental bills that bring war spending, my colleagues to join me in voting for BYRD and Ranking Republican Member this year alone, to more than $196 bil- this bill. COCHRAN be printed in the RECORD.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.049 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15875 There being no objection, the mate- mitted to working with Senator BAU- vanced battery technologies would also rial was ordered to be printed in the CUS to include ‘‘tweener’’ hospital im- fit into the scope of manufacturing RECORD, as follows: provements in next year’s Medicare technologies contemplated by the lan- U.S. SENATE, legislation. guage in the Consolidated Appropria- Washington, DC, December 18, 2007 Mr. BAUCUS. Senator HARKIN, I tions Act of 2008 and should be con- Hon. ROBERT C. BYRD, agree with you that this is an issue we sistent with the intent of title XVII of Chairman, Committee on Appropriations, Sen- need to address. As you know, I intend the Energy Policy Act of 2005. ate, Washington, DC. to work with Senator GRASSLEY to Mr. KYL. Mr. President, I rise today Hon. THAD COCHRAN, move a Medicare reform package early to comment on section 691 of the Con- Ranking Republican Member, Committee on Ap- in 2008. Given the importance of this solidated Appropriations Act, 2008. propriations, Senate, Washington, DC. This provision amends section DEAR CHAIRMAN BYRD AND RANKING MEM- issue, I am committed to working with 212(d)(3)(B) of the Immigration and Na- BER COCHRAN: I certify that neither I nor my you to find solutions that will assist immediate family has a pecuniary interest these hospitals within the context of tionality Act in order to allow the ex- in any congressionally directed spending our Medicare efforts. ecutive to make REAL ID immigration that I requested the Committee on Appro- Mr HARKIN. I appreciate that com- bars inapplicable to individuals or priations for Fiscal Year 2008, except that a mitment. I look forward to working groups whose presence in this country member of my immediate family may have with both of you early next year to would not pose a threat to the United an indirect pecuniary interest in the Old move legislation to assist these hos- States, while continuing to bar from Dome Meeting Hall Renovations; Riverton, the United States all persons who are Utah; Economic Development Initiative pitals, in Iowa and throughout the country. tied to the worst terrorist organiza- project, requested in my letter dated May 15, tions. The provision also gives auto- 2007 to the Senate Subcommittee on Trans- ADVANCED TECHNOLOGY LOAN GUARANTEES portation, Treasury, the Judiciary, Housing Mr. LEVIN. Mr. President, I would matic exemptions to the Hmong and and Urban Development, and Related Agen- like to ask the distinguished chairman Montagnard soldiers who fought along- cies, Committee on Appropriations. of the Energy and Water Development side the United States during the Viet- nam war, providing overdue relief to I respectfully ask that my request to fund Appropriations Committee, Senator this project be withdrawn. the members of these armies. And sec- DORGAN, to clarify for me the scope of Once this has been effectuated, my request tion 691 also designates the Taliban as the budget authority contained in the will be consistent with the requirements of a Tier I terrorist organization for im- fiscal year 2008 Consolidated Appro- Paragraph 9 of rule XLIV of thc Standing migration purposes, effectively elimi- Rules of the Senate. priations Act for the Department of nating exceptions to the applicability Sincerely, Energy’s guarantee loans for develop- of REAL ID immigration bars for mem- ORRIN G. HATCH, ment of advanced energy technologies. U.S. Senator. bers, combatants, and others tied to My understanding is that there would the group that harbored Al Qaeda at LOW-VOLUME HOSPITAL MEDICARE INPATIENT be $10 billion in budget authority for PAYMENT ADJUSTMENT the time when that organization was the Department to guarantee loans in plotting the terrorist attacks of Sep- Mr HARKIN. Mr. President, I am the broad technology areas of renew- pleased to support the legislation pend- tember 11, 2001. able, energy efficiency, manufacturing, Section 691 is the result of a nego- ing before the Senate today, which will electricity transmission and distribu- tiated compromise between Senator ensure that Iowa’s seniors continue to tion technologies. LEAHY and me a compromise that was have access to their physicians and will I believe there is tremendous poten- encouraged and assisted by Senator reauthorize the SCHIP program tial for new technologies to produce COLEMAN and other Members who have through March 31, 2009, with additional ethanol from cellulosic materials taken an interest in this issue. The funds for the ‘‘shortfall States,’’ like through all phases of development, in- final language allows the Secretaries of Iowa. I am however concerned about cluding pretreatment. An important Homeland Security and State to decide one provision that is not included in step toward proving these technologies that the barriers to entry and stay in the legislation, a provision that is will be the development of pilot-scale the United States in section 212(a)(3)(B) critically needed to help Iowa’s facilities. Is it the chairman’s under- of the INA do not apply to certain indi- midsized hospitals. standing that a range of technologies viduals or groups. The language also Unfortunately, current Medicare pay- and pilot-scale demonstration facilities clarifies that such non-applicability ment rates for hospitals do not account would be eligible for a loan guarantee determinations are not subject to judi- for the fact that most rural facilities issued by the Department of Energy cial review. cannot achieve the same economies of using the budget authority included in Under current law, the REAL ID im- scale as large hospitals. This leads to this Consolidated Appropriations Act? migration bars can only be deemed inadequate reimbursement, which Mr. DORGAN. Yes, cellulosic ethanol non-applicable to an alien if the alien threatens the very existence of some of projects are consistent with the intent is a representative of a political or so- these facilities. To help address this of title XVII of the Energy Policy Act cial group that endorses terrorism, has situation, the Medicare Payment Advi- of 2005 and would clearly be within the himself endorsed terrorism, or has sory Committee MedPAC has rec- scope of technologies that would be eli- given material support to a terrorist ommended implementing a payment gible for a loan guarantee from the De- group, and may only be extended to a adjustment for certain small rural hos- partment of Energy. group if that group is a Tier III group pitals that serve a lowvolume of pa- Mr. LEVIN. I am also very interested that only has a subgroup that engages tients. For example, Grinnell Regional in ensuring that advanced batteries in terrorism. The amendment expands Medical Center in Grinnell, IA, is hav- and battery systems are fully devel- the non-applicability determination ing difficulty keeping their doors open oped and believe that loan guarantees authority to all terrorism-related bars, simply because of its size and location. for projects and facilities to develop except that the bars cannot be deemed Due to Medicare policies, they are cur- lithium ion batteries could provide a non-applicable if an alien is expected rently reimbursed at 60 percent of its significant boost for U.S. competitive- to engage in future terrorism, is a costs. This cannot continue. These hos- ness. In the case of battery tech- member or representative of a Tier I or pitals are essential to giving our sen- nologies, we need to develop the manu- II group, voluntarily and knowingly iors good access to healthcare. facturing capability in this country to engaged in terrorist activity or en- Mr. GRASSLEY. I want to thank my ensure that these batteries will be pro- dorsed terrorism on behalf of a Tier I distinguished colleague for raising this duced here. Is it the chairman’s under- or II group, or has voluntarily and issue, which has also been a concern of standing that advanced battery tech- knowingly received military-type mine. I agree with him that these rural nologies would be included in the scope training from a Tier I or II group. Also, hospitals—the so-called ‘‘tweener’’ hos- of the budget authority in this bill and no group nonapplicability determina- pitals—should be given some assist- would be eligible for a loan guarantee tion may be applied to a group that at- ance. These hospitals play a critical from the Department of Energy? tacks democratic countries or inten- role in the medical care of our seniors Mr. DORGAN. Yes, I believe that tionally engages in a practice of at- throughout Iowa, and I remain com- loan guarantees for development of ad- tacking civilians.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.060 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15876 CONGRESSIONAL RECORD — SENATE December 18, 2007 Section 691’s expansion of section may then be used to promote violence, the committee, Counterterrorism Section 212(d)(3)(B) nonapplicability authority provision of any material support facilitates Chief Barry Sabin explained why indi- generally draws a line between Tier I and furthers the organization’s unlawful and viduals who have received such train- violent activities regardless of the benign in- ing are dangerous to the United States and II terrorist organizations, on the tent of the donor. As the Ninth Circuit rec- one hand—groups which have been des- ognized in rejecting the argument that 18 and why an individual’s participation ignated as Foreign Terrorist Organiza- U.S.C. section 2339B is unconstitutional be- in such training benefits the terrorist tions by the State Department or other cause it proscribes the giving of material organization. Mr. Sabin explained: agency of the Federal Government— support even if the donor does not have the Various investigations have uncovered in- and Tier III organizations, on the other specific intent to aid in the organization’s dividuals who have traveled overseas to hand, which are swept into the defini- unlawful purposes, ‘‘Material support given training camps to receive military-style tion of ‘‘terrorist organization’’ as a re- to a terrorist organization can be used to training. These individuals, who in many promote the organization’s unlawful activi- cases have received firearms and explosives sult of their conduct. The State De- ties, regardless of donor intent. Once the training, appear to be preparing to conduct partment’s FTO list includes some of support is given, the donor has no control terrorist activity or violence and pose a the most bloodthirsty terrorist organi- over how it is used. Humanitarian Law Project clear threat here and abroad. Investigations zations on the planet. The list includes v. Reno, 205 F. 3d 1130, 1134 (2000). have also disclosed that attendees some- groups such as al-Qaida, Hamas, Even support designed and intended to en- times maintain longstanding relationships Hezbollah, and the Salafist Group for courage a group to pursue lawful, nonviolent with other training camp ‘‘alumni,’’ who means to achieve its ends may be used to Call and Combat. By precluding non- may later seek to recruit and utilize them in further the organization’s violent aims. their plots. In an even more basic way, a applicability determinations with re- [S]ome terrorist organizations use their trainee’s participation in a terrorist organi- gard to persons tied to these groups, humanitarian activities as an integral part zation’s training camp, without more, bene- section 691 not only helps to protect of an overall program that includes mur- fits the organization as a whole. By attend- the U.S. homeland from terrorism—it dering innocent civilians and assassinating ing a camp, an individual lends critical also contributes to making these government officials. For example, one ex- moral support to other trainees and the en- groups radioactive in the foreign coun- pert on terrorist organizations, Matthew tire organization, a support that is essential Levitt, describes in ‘‘Hamas from Cradle to tries where they are based. Joining or to the health and vitality of the organiza- Grave,’’ Middle East Quarterly, Winter 2004, tion. helping one of these groups or accept- at 3–15, that this foreign terrorist organiza- ing military training from them will tion is one unified body, and that its social Section 691 also clarifies that the de- bar an individual from ever being al- welfare organizations, supported by numer- cision to extend or to not extend a non- lowed to enter or reside in the United ous charities, answer to the same leaders applicability determination to a par- States, in all cases and without excep- who set Hamas political and terrorist policy. ticular group or individual is not sub- tion. And making these groups radio- Levitt describes how Hamas charity commit- ject to judicial review. A decision as to tees, mosque classes, student unions, and active makes it more difficult for them whether a particular individual or sport clubs serve as places where Hamas ac- group that would otherwise be within to recruit members or to carry out ter- tivists recruit Palestinian youth for ter- rorist attacks. rorist training courses in Syria and Iran, or the scope of a section 212(a)(3)(B) bar Information that has been developed for suicidal terrorist attacks. And, he dis- should instead be deemed outside the in hearings before the Senate Judiciary cusses how a single soccer team from the scope of that bar is a decision that is Committee explains why it is impera- Jihad mosque in Hebron has produced sev- inherently executive in nature. Such a tive that the United States discourage eral Hamas terrorists responsible for five decision will often involve consider- suicide bombings in 2003. individuals from providing any type of ation of classified information that Even more frightening, Levitt explains would be compromised if litigated in aid or material support to foreign ter- how Hamas charities, social service organi- rorist organizations. In an April 20, zations, hospitals, schools, and mosques open court, and it will involve sensitive 2005, hearing before the Terrorism Sub- openly laud suicide bombings. Hamas-run judgments about which terrorist committee, for example, Barry Sabin, schools and summer camps begin indoctri- groups are more dangerous than oth- the Chief of the Counterterrorism Sec- nating children as early as kindergarten for ers. tion of the Justice Department’s later use as suicide bombers. As Levitt Vesting this discretion solely in the notes, Palestinian children raised in this en- Criminal Division, explained how the executive allows executive officers to vironment make willing terrorist recruits. consider the full range of information provision of material aid to terrorist This program is accomplished in significant groups is critical to the functioning of about a particular group that is avail- part by the multi-faceted nature of Hamas, able to the State Department, the Jus- these organizations. Mr. Sabin noted: which gains strength through its humani- tice Department, Homeland Security, We know from experience that terrorists tarian and charitable activities in the com- need funding and logistical support to oper- munity. and to intelligence agencies. It allows ate. They need to raise funds, open and use Thus, even if individuals are providing ma- the executive to decide that some bank accounts to transfer money, and to terial support, such as money, for groups groups are less dangerous and therefore communicate by phone and the Internet. like the Hamas, and are somehow able to en- the REAL ID bars may be deemed to They need travel documents. They need to sure that this money is spent by these FTOs not apply to activities tied to that train and recruit new operatives, and pro- only for humanitarian activities, such as a group, and that other groups are ex- cure equipment for their attacks. school, the problem remains that this money enables these groups to gain more general tremely dangerous and that even ten- It is also important to emphasize support, loyalty, and popularity among the uous connections to such a group that all provision of material support local people and to earn a measure of legit- should serve as grounds for exclusion, to terrorist organizations is bad. There imacy. This support and legitimacy then al- with no exceptions allowed. is no such thing as ‘‘good’’ aid to a ter- lows groups such as Hamas to recruit suicide Were decisions about nonapplica- rorist organization, because all aid is bombers, as well as accomplices to provide bility to be made in the courts, their fungible and can be converted to evil critical services such as transportation, precedent-based system of decision- purposes, and because even humani- lodging, and local intelligence for terrorist making would require the courts to ex- tarian aid can be used by a terrorist or- operations. Accordingly, even those who are tend the same ‘‘rights’’ to members of providing material support with the sincere ganization to help it to recruit new hope and assurance that their money is not one group as had extended to the last members. These points were developed being used directly for terrorism are never- group whose case was reviewed. What in detail in answers to written ques- theless providing groups such as Hamas with is sufficient to justify a nonapplica- tions provided by Chris Wray, the As- the type of overall support they need in bility determination with regard to the sistant Attorney General for the Crimi- order to operate successfully as terrorists. FARC in Columbia, for example, would nal Division, following a May 5, 2004, Section 691 of the Consolidated Ap- also be good for al-Qaida. By keeping hearing before the Judiciary Com- propriations Act also bars the exten- these non-applicability decisions out of mittee. Mr. Wray explained why there sion of a non-applicability determina- the courts, section 691’s amendments is no such thing as benign material tion to any alien who has voluntarily to INA section 212(d)(3)(B) allow the support to a designated foreign ter- and knowingly received military-type Government to take the common-sense rorist organization: training from a Tier I or II terrorist or- approach of treating different groups First, because material support of any ganization. Again in his April 20, 2005, differently based on how violent they kind is fungible and frees up resources that testimony before the Terrorism Sub- are and how much of a threat they pose

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.153 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15877 to the United States. For that reason, usual.’’ Actually, Mr. President, what National Marine Sanctuary in Michi- section 691 does not allow judicial re- we have before us is even worse than gan; $846,000 to the Father’s Day Rally lief from an executive determination. business as usual because the bill we Committee in Philadelphia, PA; Rather, it is the executive alone that received from the House provides not a $125,000 for International Mother’s Day will decide whether a bar should be in- single penny to fund our ongoing mis- Shrine in Grafton, WV; $470,000 for an applicable—that it should not even sion in Iraq. We are at war and our men Oyster Hatchery Economic Pilot Pro- apply to the alien in the first instance. and women serving in Iraq today con- gram, Morgan State University, MD; Subsection (b) of section 691 statu- tinue to face a fierce and determined $446,500 for Horseshoe Crab Research, torily exempts several groups from the enemy—and this bill does not fund Virginia Tech, VA; $125,000 for the Pol- definition of ‘‘terrorist organization’’ their mission. The omission of Iraq ish American Cultural Center in Phila- for purposes of INA section 212(a)(3)(B). funding is no more than a political delphia, PA; $400,000 for the National These groups—which include Hmong stunt—and we all know it. What kind Iron Worker’s Training Program; and Montagnard groups that fought of message does this send to those $350,000 for leafy spurge control in alongside the United States in the brave men and women in the field? North Dakota; $1.725 million for the Vietnam War—have already been Unfortunately, little has changed Hudson Valley Welcome Center in Hyde cleared by the administration and do over the years. Here we are again, Park, NY. not pose a threat to the United States. nearly 3 full months into fiscal year This omnibus was made available This subsection will immediately re- 2008, and we have before us another ap- just yesterday, yet approved by the solve any legal ambiguity as to these propriations monster. Let me remind House last night. Imagine that—a 1,445 groups’ status. my colleagues that, because of our in- page bill, with a joint explanatory Subsection (c) of section 691 corrects ability to get much done around here statement that is nine inches tall and a technical error in the original REAL under the regular order, we have been costs $475 billion was made available and voted on by both chambers in less ID Act. With this change, the other- forced to consider huge omnibus appro- than 48 hours. Simply remarkable. It is wise-automatically-deportable spouse priations bills and one long-term con- impossible for us to know exactly what or child of a barred alien is not barred tinuing resolution in 5 of the last 6 fis- is in this thing, and we are expected to if the spouse or child did not know of cal years. simply take the appropriators word the husband/father’s terrorist activity The bill before us today is more than that it is all okay. Well, I have been or has renounced that activity. 1,400 pages long and is accompanied by around here long enough to know that Subsection (d) designates the Taliban a joint explanatory statement that was a bill of this size, put together behind as a Tier I terrorist organization for so big they couldn’t even number the closed doors and rammed through at immigration purposes. As a result of pages. This bill consolidates 11 of the 12 the last minute, cannot be all good. the distinctions drawn in subsection (a) annual appropriations bills with a price And I know it will be a long time be- of section 691, this designation will tag of nearly $475 billion. Amazingly, this bill contains 9,170 earmarks. Add fore all of the hidden provisions in this render individuals tied to the Taliban legislation are exposed. those to the 2,161 earmarks that were ineligible for most waiver authority. I fully recognize that it isn’t nec- Subsection (e) requires a report by contained in the Defense appropria- essarily the fault of the appropriators the Department of Homeland Security tions bill and the grand total for fiscal that we are forced into this new pat- on the use of its authority to waive year 2008 earmarks stands at 11,331 un- tern of adopting omnibus appropria- material-support bars on grounds of necessary, wasteful, run-of-the-mill tions measures. Overly partisan poli- duress. pork barrel projects. And that is just tics has largely prevented us from fol- Subsection (f) makes all of these for the House and Senate-passed bill. I lowing the regular legislative order, changes apply retroactively. can only imagine what this will look and that fact must change. But while it I think that section 691 reaches a rea- like when it comes out of conference. may not be the appropriators fault sonable compromise that allows re- A New York Times/CBS News poll that we are forced to consider omnibus moval of the applicability of the REAL that was released today shows that the appropriations measures, it is their de- ID immigration bars for groups and in- approval rating of Congress stands at cision to continue to load them up with dividuals to whom those bars should 21 percent. Can we blame the American unauthorized earmarks and at a rate not apply, but allows REAL ID to con- people for holding us in such low es- that seems only increases year after tinue to protect the United States and teem? Let’s look at how we are spend- year. its citizens from foreign terrorist orga- ing their hard earned tax dollars. When we ram through a gigantic bill, nizations. I would like to thank Tim Here is just a sampling of some of the spending hundreds of billions of tax- Rieser of Senator LEAHY’s staff, and earmarks contained in this bill: $150,000 payer’s dollars with little or no debate Jennifer Daskal, on detail to Senator for the STEEED, Soaring Toward Edu- because we want to go home for Christ- LEAHY, for working with my staff to cational Enrichment via Equine Dis- mas, we send the message to the Amer- draft this section. Whom to exclude covery, Youth Program in Washington, ican people that we are not serious from the United States for terrorism- DC. Basically this is an earmark of enough about our jobs. We essentially related reasons is a difficult and very $150,000 so that disadvantaged kids can accomplish little almost all year long serious matter, and one that I am glad ride horses; $50,000 for the construction because everything requires 60 votes, has been the subject of a carefully de- of a National Mule and Packers Mu- and then, at the very last minute, we veloped bipartisan compromise in this seum in Bishop, CA; $100,000 for Cooters scramble around and throw together a bill. Pond Park in Prattville, AL; $625,000 mammoth bill like the one before us Mr. MCCAIN. Mr. President, fiscal for the Historic Congressional Ceme- today. We are sending the signal that year 2008 began 79 days ago. And yet tery right here on Capitol Hill; $1.95 it is more important for us to be able here we are at the end of the calendar million for the City College of NY for to issue press releases, and I am sure year—with Christmas one week away— the Charles B. Rangel Center for Public hundreds of them will be going out and everyone scrambling to finally get Service; $975,000 for the Clinton School today, about how much pork we have our work done and get out of town. of Public Service at the University of been able to get for our States and dis- This process, and the monstrosity it Arkansas, Little Rock, AR; $1.628 mil- tricts, than we are about good govern- has produced, is the height of irrespon- lion for animal vaccines in Greenport, ment and fiscal responsibility. How can sibility. We owe the taxpayer more NY; $477,000 for Barley Health Food we, in good conscience, defend this be- than this. Benefits in Beltsville, MD; $244,000 for havior to the American people? In the past, I have stood here on the Bee Research in Weslaco, TX; $10 mil- Among the most egregious aspects of Senate floor to speak about how our lion to Nevada for the design and con- this bill are the so-called ‘‘economic economic situation and our vital na- struction of the Derby Dam fish screen development initiatives’’ funded under tional security concerns require us to to allow passage of fish; $1.6 million for the Department of Housing and Urban take greater effort in prioritizing our sensitivity training for law enforce- Development. This account is nothing Federal spending and that we could no ment in Los Angeles; $1.786 million to more than a slush fund for the appro- longer afford, literally, ‘‘business as develop an exhibit for the Thunder Bay priators—plain and simple. Contained

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.153 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15878 CONGRESSIONAL RECORD — SENATE December 18, 2007 within this section of the joint explan- ment of Defense and the local commu- lion, in current dollar terms, up from atory statement are 741 locality-spe- nities affected by BRAC need enough about $20 trillion in 2000. This trans- cific earmarks costing nearly $180 mil- funding to meet the statutory deadline lates into a defacto mortgage of about lion. These pork barrel projects are of September 2011. To underfund BRAC $455,000 for every American household spread out over 42 pages and fund ev- in order to pay for earmarks is a sad and there’s no house to back this mort- erything from construction of coastal reflection on the priorities of this Con- gage. In other words, our government trails, nature education centers, public gress, which has again unabashedly put has made a whole lot of promises that, parks and renovations for museums parochial interests above the needs of in the long run, it cannot possibly keep and theaters. the Defense Department, our local without huge tax increases.’’ On defense matters, the omnibus ap- communities and the American tax- The Comptroller General also high- propriations bill proposes funding $1.18 payer. lighted a specific program that serves billion in military construction pro- We simply must start making some as an example of the serious problems jects that were not requested by the very tough decisions around here if we we face. He said: ‘‘The prescription President. Of that amount, $584 million are serious about improving our fiscal drug benefit alone represents about $8 was vetted by both the Senate Armed future. We need to be thinking about trillion of Medicare’s $34 trillion gap. Services and Appropriations Commit- the future of America and the future Incredibly, this number was not dis- tees to ensure that the services’ crit- generations who are going to be paying closed or discussed until after the Con- ical unfunded priorities requirements the tab for our continued spending. It gress had voted on the bill and the were met. On the Senate floor, those is simply not fiscally responsible for us President had signed it into law. Gen- projects were further reviewed, and ap- to continue to load up appropriations erations of Americans will be paying proved in the Senate versions of the bills with wasteful and unnecessary the price—with compound interest—for authorization and appropriations bills. spending, and good deals for special in- this new entitlement benefit.’’ He went However, this bloated omnibus appro- terests and their lobbyists. We have on to note that: ‘‘Unfortunately, once priations bill also includes another $580 had ample opportunities to tighten our federal programs or agencies are cre- million—for 108 military ‘‘airdropped’’ belts in this town in recent years, and ated, the tendency is to fund them in construction projects, that is, funding we have taken a pass each and every perpetuity. Washington rarely seems to question the wisdom of its existing for projects that were not included in time. We can’t put off the inevitable commitments. Instead, it simply adds any previous appropriations bill passed any longer. by the House or Senate. The House ap- In a report on our long-term budget new programs and initiatives on top of propriators have once again waited outlook issued this month, the Con- the old ones. This continual layering is a key reason our government has until the last minute to present these gressional Budget Office states this: grown so large, so expensive, so ineffi- new spending items to skirt responsi- ‘‘Significant uncertainty surrounds cient, and in some cases, so ineffec- bility for their pork spending. Mr. long-term fiscal projections, but under tive.’’ President, in the ethics reform law we any plausible scenario, the federal Mr. Walker ended his speech by say- passed with much fanfare earlier this budget is on an unsustainable path— ing ‘‘If all of us do our part, and if we year, we amended Senate rule 44 spe- that is, federal debt will grow much start making tough choices sooner cifically to discourage such ‘‘airdrop- faster than the economy over the long rather than later, we can keep America ping’’ of projects in the dead of night. run. In the absence of significant great, ensure that our future is better In an unprecedented and unfortunate changes in policy, rising costs for than the past, and ensure that our act, the majority accepted $328 million health care and the aging of the U.S. great nation is the first republic to of airdropped military construction au- population will cause federal spending stand the test of time. To me, that is a thorizations into the recently passed to grow rapidly.’’ cause worth fighting for.’’ I agree national defense authorization bill. It The report goes on to say that: ‘‘If wholeheartedly. And I say to my col- was in part for this reason that I reluc- outlays increased as projected and rev- leagues: Let’s start making those tantly decided not to sign the defense enues did not grow at a corresponding tough choices today. We have to face authorization conference report. I rate, deficits would climb and federal the facts, and one fact is that we can’t could not then, and cannot now, sup- debt would grow significantly. Sub- continue to spend taxpayer’s dollars on port the parachuting of new spending stantial budget deficits would reduce wasteful, unnecessary pork barrel items into final reports that have not national saving, which would lead to projects or cater to wealthy corporate been transparently vetted on the floor an increase in borrowing from abroad special interests any longer. The Amer- of Congress. I am very disappointed and lower levels of domestic invest- ican people won’t stand for it, and they that we in the Senate continue to con- ment that in turn would constrain in- shouldn’t. They deserve better treat- done this irresponsible practice in light come growth in the United States. In ment from us. of our efforts to prevent it with ethics the extreme, deficits could seriously ST. JOHN’S BAYOU/NEW MADRID FLOODWAY reform. harm the economy. Such economic Mrs. BOXER, Mr. President, I wish to The omnibus appropriations bill also damage could be averted by putting the speak to the intent of section 123 of earmarks over $41 million for the plan- nation on a sustainable fiscal course, title I of division C of the bill, which ning and design of pork military con- which would require some combination addresses the Corps of Engineers struction projects requested by Mem- of less spending and more revenues project—Saint Johns Bayou/New Ma- bers of Congress. Congress normally than the amounts now projected. Mak- drid Floodway. As the chairman of the authorizes funding annually for each ing such changes sooner rather than Committee on Environment and Public military service to plan and design later would lessen the risk that an Works with jurisdiction over the Corps their critical future military construc- unsustainable fiscal path poses to the of Engineers, the Clean Water Act and tion priorities. This bill disregards the economy.’’ Again—this is not my dire the National Environmental Policy military’s priorities and earmarks prediction, it comes from our own CBO. Act, funds towards specific projects—with- To underscore the urgency of the I offer my understanding of section out the Department being given the op- problem, in a speech at The National 123. Section 123 does not interfere with portunity to determine whether or not Press Club just yesterday, David Walk- or overturn any court decision con- those projects reflect actual military er, the Comptroller General of the cerning this project with regard to ei- requirements. United States announced that—for the ther or both of the Clean Water Act Even more egregious is that we are eleventh straight year—the Federal and the National Environmental Policy proposing to pay for this airdropped Government failed its financial audit. Act. The language provides that the pork by cutting over $900 million from Mr. Walker said that ‘‘the federal gov- project as described in the June 2002 the amount of $8.1 billion requested by ernment’s total liabilities and un- Revised Supplemental Impact State- the President to carry out the critical funded commitments for future bene- ment, as supplemented by the March military construction activities re- fits payments promised under the cur- 2006 Revised Supplemental Environ- lated to the 2005 defense base closure rent Social Security and Medicare pro- mental Impact Statement 2 is deter- and realignment round. The Depart- grams are now estimated at $53 tril- mined to be economically justified.

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.151 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15879 The language does not affect the appli- A new policy begins by removing our tisan, including from the National Gov- cation of the Clean Water Act and troops from the middle of a civil war ernor’s Association, the National Con- NEPA to this project. Because of the and giving them a more realistic mis- ference of State Legislatures and the specific reference to the project docu- sion, one that is in the best interests of Chairmen of the 9/11 Commission, Rep- ments, the language in section 123 does Iraq and the United States. Given the resentative LEE Hamilton and former not alter legal requirements regarding facts and the realities independent re- New Jersey Governor Tom Kean. Nev- cost/benefit analysis for subsequent or ports provide us, I continue to support ertheless, DHS continues to insist that revised project documents, including an amendment, this time sponsored by its partnership with industry rather environmental impact statements, or Senators FEINGOLD and REID, to change than a partnership with States—will be any requirements with regard to NEPA our mission in Iraq from providing se- sufficient to protect the American pub- and the Clean Water Act. curity and services to a focus on train- lic. By including this provision in the Mr. CARDIN. Mr. President, nearly a ing, counter-terrorism and force pro- omnibus bill, Congress is making clear year ago, when President Bush an- tection. that the role of State and local govern- nounced his decision to send 30,000 ad- I voted against an amendment to add ments is not to be undermined by the ditional troops to Iraq, he predicted $40 billion to the omnibus spending Department of Homeland Security. that increased U.S. troop levels would package without any limits on the The provision included in the omni- stabilize the country so that its na- President’s use of that money. The bus bill amends Section 550 of the De- tional leaders could reach political military has no immediate need for ad- partment of Homeland Security Appro- agreement. More troops would enable ditional funds for Iraq. Congress just priations Act, 2007 to clarify that DHS us to accelerate training initiatives so passed a $456 billion Defense Appropria- does not have the authority to preempt that the Iraqi army and police force tions bill. The omnibus provides the State or local governments from adopt- could assume control of all security in Army and Marine Corps an additional ing chemical security measures strong- the country by November 2007. Accord- $20 billion. Given the Department of er than those adopted by DHS. The lan- ing to this plan, the Iraqi army and po- Defense’s ability to shift funds, this guage in this bill will allow States to lice force were to assume control of money should pay for the war through go beyond the Federal regulations as Iraq’s security last month. long as there is no actual conflict with Well, the information before us in March. We will have a chance to vote the Federal regulations. This means December, like the reports before us in on additional funding next year when that unless it is impossible to comply September and July, show us that we will have more information about with both State and Federal law, the President Bush’s troop escalation trends on the ground in Iraq. State law is not preempted. Determina- hasn’t delivered on the President’s Further, while negotiating this tions on whether it is impossible to promises. It has failed to stem the civil year’s spending levels this President comply with both State law and Fed- war going on in Iraq, failed to allow has vetoed additional health and edu- eral law are properly decided by the Iraqi forces to take control over their cation funding and refused to negotiate Federal courts, and DHS should not be own security, and failed to lead to po- over a modest increase in overall ap- litical reconciliation. That failure was propriations to fund critical needs here prejudging or interfering with this de- clear when I last came to the floor to at home, and he continues to insist termination. While we all wish it were not so, the discuss this issue in September, and it Congress fund a failed strategy in Iraq. threat of terrorists using our chemical is clear today. The President’s intransigence under- With troop levels still 24,000 above mines our position in the world and has plants as a mechanism for killing hun- where they were a year ago, and with left this Congress fewer resources to di- dreds or thousands of citizens is not no plans to lower them below pre-surge rect toward priorities here at home. far-fetched. It was reported as far back levels, not even President Bush’s Those are the wrong priorities for our as December 2001 that chemical trade claims that substantial progress to- nation. publications had been found in a hide- ward the ultimate goal of the esca- The world has an interest in a safe out in Afghanistan used by Osama bin lation—political reconciliation—has and secure Iraq. It is time to take steps Laden. Numerous Government agencies occurred. There have been no agree- to protect our troops and our all volun- and independent bodies have identified ments on de-Ba’athification reform, oil teer force, change the mission, step up the Nation’s chemical facilities as an revenue sharing, provincial elections, our diplomatic efforts, and internation- attractive target for terrorists. And or amnesty laws, nor has the Iraqi gov- alize the effort to bring stability to New Jersey has good reason to be con- ernment or the Administration offered that country and to the Middle East. cerned about a terrorist attack on a fa- a clear plan for achieving a sustainable We don’t need additional funds for cility storing large amounts of dan- political reconciliation. Just 2 days Iraq, we need a new direction. gerous chemicals. The FBI has called ago, LTG Raymond Odierno, the No. 2 Mr. President, I yield the floor. the stretch between Port Newark and commander of U.S. forces in Iraq, was Mr. LAUTENBERG. Mr. President, I Liberty International Airport ‘‘the quoted pleading with the Iraqi govern- rise to discuss one provision of the fis- most dangerous two miles in America.’’ ment to make progress on national rec- cal year 2008 Omnibus appropriations According to a 2005 CRS report, 7 of the onciliation and improving basic serv- bill which is of great importance to the 111 sites identified by EPA that could ices. security of our nation, and of par- put more than 1 million people at risk Our country’s resources remain ticular importance to my State of New in the event of an attack or serious ac- locked in Iraq. Iran is emboldened. In- Jersey. That is Section 534, which will cident are in New Jersey. According to surgent violence is at its highest level overturn the Department of Homeland the same report, up to 7 facilities in in Afghanistan since U.S.-led forces Security’s efforts to preempt the rights New Jersey put up to 1 million people first ousted the Taliban and our mili- of State and local governments to at risk, and up to 20 more facilities tary reports signs of al Qaeda is return- adopt chemical security protections pose a risk to up to 100,000 people. ing to Afghanistan from Iraq. Pakistan stronger than the standards adopted by I want to thank the leadership of the is facing political turmoil and Turkey the Federal Government. Appropriations Committee and my col- has begun military incursions into The effort by DHS to prevent States leagues in the Senate and the House for Iraq’s Kurdish regions. from going beyond the measures adopt- their support for including this criti- We have to change our mission in ed by DHS to protect their residents cally important national security pro- Iraq. The cost of further delay in lives, from terrorist attacks on chemical fa- vision in the Omnibus appropriations mate´riel, treasure, and our standing in cilities was never authorized by Con- bill. the world is too great. The United gress, and the inclusion of my provi- Mr. SANDERS. Mr. President, like States cannot impose the political rec- sion overturning the Department’s ef- many of my colleagues, I worked very onciliation necessary to bring long- fort represents a strong rejection by hard to assure that, given the veto lasting security to that nation. It is Congress of the Department’s attempt threats of President Bush, the Omnibus time to direct our resources toward the to do so. appropriations bill was as strong as it rest of the region and to needs here at Opposition to the Department’s ef- could be. In that regard, we have made home. forts has been widespread and bipar- some real progress. Unfortunately,

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.051 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15880 CONGRESSIONAL RECORD — SENATE December 18, 2007 however, this bill contains $40 billion should be labeled as nothing but irre- regular order process for the consider- for Iraq operations, with no strings at- sponsible. Additionally, I am here to ation of climate change legislation. To tached the money to be used as the point out that this bill violates rule include these provisions now, at the President wishes, with no account- XVI of the Standing Rules of the Sen- last minute on an omnibus, is a total ability for when our involvement in ate because it is legislating on an ap- affront to that process. Iraq will end. With expenditures of $12 propriations bill. The proposed registry language is a billion a month, it is now estimated Title I of Division C, which appro- completely standardless grant to the that the total cost of our Iraq involve- priates money for the Civil Works pro- EPA, possibly an unlawful delegation ment will end up being more than $1 gram of the Army Corps of Engineers, of Congress’ power to legislate. The trillion. the following projects have either not language directs EPA to develop a I cannot support providing more yet be authorized or the amounts ap- mandatory reporting program of green- money for continuing our ill-conceived propriated for them under this bill ex- house gas emissions ‘‘above appro- and tragic presence in Iraq, money pro- ceed the authorized levels: priate thresholds in all sectors of the vided with no requirement for plans as Louisiana Coastal Protection and economy of the United States.’’ There to when the redeployment will begin, Restoration study; coastal Mississippi are no other standards or directions to when it will be concluded, and what hurricane and storm damage reduction the Agency. There are no standards by our future course in Iraq will be. Con- study; rural health care facility on the which a reviewing court can judge sequently, I will vote against the Om- Fort Berthold Reservation of the three EPA’s actions. nibus appropriations bill. affiliated tribes; North Dakota envi- This registry language should be re- My vote against this bill also reflects ronmental infrastructure project. moved or, at a minimum, allowed to genuine concern regarding last-minute During consideration of H.R. 1492, the sunset at the end of fiscal year 2008 additions of loan guarantees for ques- Water Resources Development Act, without implementation or effect. tionable energy sources, which move us Public Law 110–114, I elaborated for my In another provision, the appropri- in exactly the wrong direction. More colleagues in great detail the history ators express concern about proposed specifically, the report language ac- and function of the authorization proc- new power plants in Texas. This provi- companying the Omnibus appropria- ess and stated that I would oppose any sion, at the very least, should refer to tions bill provides $18.5 billion in loan appropriation bill that attempted to all fossil fuel generation, not just sin- guarantees for nuclear powerplants, fund projects either not previously au- gle out coal-fired generation. $2.0 billion in loan guarantees for ura- thorized, or above their authorized Colleagues, I have no illusions that nium enrichment, $6.0 billion in loan level. As I made clear in my state- my attempt here today to bring about guarantees for coal, which I have rea- ments on September 24 prior to passage discipline on the spending process will son to believe includes coal to liquids, of the conference report and again on succeed, but I cannot allow the bill to and $2.0 billion in loan guarantees for November 8, prior to the Senate’s veto go through without registering in the coal gasification, which I also fear override vote, the authorization proc- strongest possible terms my objections could be used for coal to liquids. It is, ess is the foremost mechanism we have to what we are doing here today. quite frankly, beyond belief that we to control spending. We are violating it I have no doubt that each of the would be passing legislation to support in this bill. Army Corps projects mentioned above these questionable energy sources. In In addition to these increases in have merit, and I would be happy to my view, we should be doing every- spending, the omnibus includes numer- work with the sponsors, as would, I am thing we can to transform our energy ous provisions authorizing or modi- sure, Chairwoman BOXER, during the system so as to move away from unsafe fying other projects and policies of the authorization process, but doing it now and polluting sources to energy effi- Corps in nonspending ways. These leg- is wrong. It violates our rules, it re- ciency and sustainable and renewable islative provisions, too, should be de- moves discipline from the process. technologies. Congress can, and must, cided within the authorization process, Mr. NELSON of Nebraska. Mr. Presi- do better. not in an omnibus appropriations bill. dent, I rise today to speak in support of Mr. INHOFE. Mr. President, now De- Just over a month ago, we authorized the consolidated appropriations bill be- cember 18 and we are all anxious to get $23 billion in projects for the Corps of fore the Senate and to discuss one home. Additionally tomorrow is my Engineers, and Chairwoman BOXER and small part of the bill that is an impor- 48th wedding anniversary. That’s why I I have already begun discussions on a tant component to our many efforts to want to get home. Standing in our way new authorization bill for 2008. So, I advance the biofuels industry and to is final disposition of the 2008 appro- have to ask why are we violating not wean our nation off of its reliance on priation bills. The leadership has only the Standing Rules of the Senate, oil. brought before us an omnibus bill that but creating an opportunity for criti- In the Energy and Water Appropria- combines the remaining 11 regular ap- cism on our ability to control spend- tions bill, the Senate Appropriations propriation bills not yet signed by the ing. It makes no sense, it is not nec- Committee provided $2 million to the President. That in and of itself is a essary and I believe goes to the heart Department of Energy for ‘‘E–85 infra- failure. Instead of working to pass the of why the public has such a low opin- structure deployment.’’ annual appropriations bills and ensure ion of Congress. They don’t trust us. I want to highlight the importance of the continued operation of our Govern- Why should they, we cannot seem to this funding and stress the need for ment, congressional Democrats have follow our own rules. DOE to utilize this money in the most spent the majority of the 110th Con- Before I close, I would like to point cost efficient and effective manner pos- gress playing political games with crit- out one more area of unnecessary and sible. ical funding for our troops, attempting irresponsible legislating in this omni- E85 is an alternative form of trans- to pass surrender resolutions, and bus appropriation bill. There are sev- portation fuel that consists of 85 per- pushing a path to amnesty for the mil- eral provisions to address climate cent ethanol and 15 percent gasoline. It lions of illegal immigrants in our Na- change scattered throughout the bill. has been developed, in part, to address tion. Two months past the end of the These provisions include creation of American’s air quality issues and its fiscal year, Congress only managed to new requirements and a new mitiga- dangerous dependence on foreign oil. pass one of the annual appropriations tion incentives fund for the Economic Currently, there are over 6 million bills, instead choosing to roll billions Development Administration, in title I E85 capable vehicles on the Nation’s of dollars in funding into an Omnibus of Division B; a sense of Congress with highways, and the use of E85 in these appropriations bill hours before Con- a call for a mandatory program to re- vehicles has the potential to signifi- gress is supposed to recess for the year. duce greenhouse gas emissions, in Divi- cantly reduce the Nation’s dependence In fact, this year we observed the lat- sion F; and the creation of a manda- on foreign oil, add billions to total est date in 20 years that Congress tory greenhouse gas registry, in title II farm income, help improve rural and failed to send a single annual appro- of Division F, which appropriates the American economies, and help re- priations bill to the President’s desk. money for the Environmental Protec- duce levels of greenhouse gas emis- This Democrat-controlled Congress tion Agency. We are in the middle of a sions.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.123 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15881 Recognizing the importance of E85, all due consideration when it is expend- holes and strengthens FOIA law ensur- President Bush and Secretary of Trans- ing the funding Congress has provided ing all journalists have equal access to portation Mary Peters participated to meet the needs and goals for E85 information. with the CEOs of General Motors, Ford, fueling stations. These reforms are long overdue, and and Chrysler in an event on March of Mr. CORNYN. Mr. President, it is no are but a part of creating a government 2007, where they announced the growth secret that every Senator who comes focused on openness. Still, I look for- in the production of flexible-fuel vehi- to Washington, DC, comes with a few ward to the President signing this bill cles, FFVs, that can run on E85. select issues in mind which he makes and pacing the way for a culture of The automakers pledged to double his own, and which he takes a par- transparency in America. In my home their existing production of flexible ticular interest in. For me, open and of Texas, we have worked hard to es- fuel vehicles by 2010. They also pledged transparent government has been one tablish the ideals of openness and that by 2012 fully 50 percent of all vehi- of those issues. transparency, and I know that the Na- cle production would be FFVs. From my time as a Texas lawyer, su- tion can follow suit. It is in everyone’s This pledge, however, was predicated preme court justice, and attorney gen- best interest to throw a little more on the fact that adequate fueling infra- eral I know firsthand the importance, sunshine on Washington, DC. structure would be available by that but also the difficulty of creating and Ms. SNOWE. Mr. President, I rise time to fuel the millions of additional enforcing open government and the today to draw your attention to a crit- E85-compatible vehicles. free flow of information. I have always ical amendment that I am offering to It is the responsibility of Congress to taken to heart, however, the words of the Omnibus appropriation bill. As provide adequate funding to help ad- James Madison, who once declared: ranking member of the Subcommittee vance the deployment of E85 fueling in- ‘‘The advancement and diffusion of on Oceans, Atmosphere, Fisheries, and frastructure. I was encouraged then knowledge is the only guardian of true the Coast Guard, I am working with that the Senate elected to set aside $2 liberty.’’ my colleagues in the New England del- million for this purpose in the Energy Of course, I have the advantage of egation to seek support for this amend- and Water Appropriations bill. Once fi- coming from Texas, one of the strong- ment. Our amendment would allow nalized, it will become the Department est States in terms of free information fisheries disaster relief funds to be of Energy’s responsibility to allocate and open government. In Texas, it is a made available to hard-hit fishermen this funding to the entity that can pro- matter of principle that everyone in all New England States, not just vide the most effective and cost-effi- should be able to quickly and easily Massachusetts as is currently stipu- cient service. find out what their government is lated As Governor of Nebraska I helped doing and how. create the Governors’ Ethanol Coali- That is why I was so pleased last From the time the first Europeans tion. In 1997, this coalition, along with week when the Senate passed the Open- arrived in the region that would be- the National Corn Growers Associa- ness Promotes Effectiveness in our Na- come New England, fish—particularly tion, domestic automakers, and others, tional Government, or OPEN Govern- groundfish such as cod and haddock— established a group named the Na- ment Act of 2007. Now, the House has were the fundamental natural resource. tional Ethanol Vehicle Coalition, likewise passed this important bill, and It was said that fish were once so boun- NEVC, to be the Nation’s primary ad- I eagerly await the President signing it tiful that one could walk across the vocate for the use of E85 ethanol as an into law. Gulf of Maine on the backs of codfish. alternative to oil-based transportation I have to thank my colleagues, the But today, our centuries-old tradition fuel. chairman of the Judiciary committee, of groundfishing is at a critical junc- Working with its many partners, Senator LEAHY, and Lydia Griggsby of ture, and many of our fishermen are in- NEVC maintains the primary national his staff; Senator KYL, and Joe Matal creasingly finding that they can no database on E85 fueling locations, E85 of his staff; and two of my former chief longer find enough fish to make a liv- fuel providers, and comprehensive data counsels, James Ho and Reed O’Connor. ing in an industry that has sustained on the technical requirements nec- Without their hard work, we wouldn’t their families for generations. This is essary to install E85 fueling systems. be celebrating this legislative victory because ongoing requirements to re- NEVC also provides the marketing and today. build New England’s groundfishery promotional materials used by all E85 I have spoken on several occasions in have resulted in drastic cuts to the fueling stations in the nation. this Chamber about the importance of fishing industry and severe economic NEVC accomplishes all of these ac- reforming and updating the Freedom of impacts to our fishing communities. tions in a cost effective, timely, and Information Act, so that undue delays Since 1996, groundfishermen in the prudent manner. In addition to having and onerous burdens which plague Northeast Multispecies Groundfish assisted with the opening of 1,413 exist- American citizens looking for informa- Fishery have seen their allotted days- ing stations, NEVC has provided assist- tion that they by right should have. at-sea slashed by over 75 percent, from ance to station operators for securing After 40 years of FOIA there still re- an average of 116 to just 24 days a year. reasonably priced supplies of ethanol. main pending requests for information This effectively closes the fishery 93 NEVC has also provided assistance re- more than a decade old. And many re- percent of the time. garding State and Federal tax credits quests result in costly and drawn out I understand the need to reduce catch and the materials needed for proper lawsuits which effectively prevent the on a temporary basis in order to allow marketing and promotion by these sta- average citizen from receiving the in- the stocks to rebound from decades of tions. formation they deserve. overfishing, but if we are going to have NEVC has an extensive background, This bill will restore this most funda- any fishermen left to harvest those re- high level of technical competence, and mental principle of a free and informed built stocks, we must have Govern- vast experience in establishing and citizenry. It reinforces Lincoln’s notion ment assistance to sustain the fleet maintaining E85 fueling facilities, and of a government ‘‘of the people, by the through this rebuilding period. The they have proven themselves capable of people, for the people,’’ placing infor- Maine groundfishing fleet already has effectively delivering assistance in a mation back in the hands of Ameri- been cut in half over the past 13 years, cost-efficient manner. cans. It is nothing short of a victory from more than 220 boats in 1994 to just I note that there is broad consensus for democracy. 110 today. Groundfish landings in that additional alternative fueling in- This bill restores meaningful dead- Maine are down 58 percent over that frastructure is needed in this country, lines with real consequences to the same time period. Shoreside support and I stress the need for DOE to wisely FOIA system, ensuring Government industries such as fish processors, and use the limited funds we have made agencies will provide timely responses ice, bait and fuel suppliers have suf- available. to requests. It creates a new system for fered similar losses—with jobs in fish As such, Mr. President, I strongly tracking pending FOIA requests and an processing and wholesaling dropping 40 urge the Department of Energy to ombudsman to review agency compli- percent, from nearly 3,000 jobs to less work closely with NEVC and give them ance. At the same time it closes loop- than 1,800 today.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.122 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15882 CONGRESSIONAL RECORD — SENATE December 18, 2007 Because of these severe economic im- We first worked to remedy this situa- hard choices. To their credit, the bill pacts and their ramifications to shore- tion and restore a strong regional solu- before us today prioritizes the most side infrastructure and the overall tion last October. When the Senate critical domestic programs in the Fed- health of coastal communities, earlier passed our Commerce-Justice-Science eral Government. this year the Governor of Maine ap- Bill, S. 3093, we included a Sununu The omnibus also contains an addi- pealed to the Secretary of Commerce, amendment, which I cosponsored, that tional $3.7 billion in emergency funding asking that he officially declare a would have directed $15 million of the for veterans, constituting the largest ‘‘fisheries failure’’ in this region. Such funds provided to the National Oceanic increase in veterans’ spending in the a declaration under existing law would and Atmospheric Administration to be history of our Nation. $1.9 billion of the allow the release of vital disaster as- available to carry out disaster relief increase is targeted for VA medical sistance to help minimize the dev- activities of the Magnuson-Stevens services. This much needed funding astating losses our fishing commu- Act. To my great dismay—and without will improve treatment for traumatic nities are experiencing. consultation to the New England dele- brain injury and post-traumatic stress Unfortunately, the Secretary of Com- gation—the omnibus before us no disorder, two of the most prevalent in- merce failed our fishermen, when he longer contains the Senate-passed lan- juries from the global war on ter- failed to make this declaration. He guage allowing this disaster relief for rorism. misinterpreted Congress’s intent when, New England’s groundfishermen. The I am also proud of what this bill will in the most recent reauthorization of Senate must now act to restore this do for the people and communities of the Magnuson-Stevens Fishery Con- funding. Connecticut. The money I requested servation Management Act, we author- If we fail to do the right thing today, will assist many worthy local efforts, ized disaster relief funding for fisheries the result will be that disaster relief such as hospital renovations, the con- crippled by overly onerous regulations. funding will go to only Massachu- struction of a small craft maintenance And that mistake was fueled by his de- setts—arguably the State that needs it facility at Naval Submarine Base New cision to cherry-pick numbers and the least. For example, the port of New London, a community college manufac- timeframes that provided a rosier anal- Bedford, MA consistently ranks first in turing technology program, and im- ysis of the true cumulative economic the Nation in the value of fisheries provements to several intermodal impact of the groundfish regulations. landings. Fishermen brought $281.2 mil- transportation facilities. It was his contention that the fishery lion worth of fish to New Bedford alone I would like to clarify conference was ‘‘rebuilding.’’ While this may be in 2006, continuing a 7-year trend of in- language concerning two specific true, the fact remains: today, our fish- creasing value of landings. On top of projects in the bill. Currently, the Inte- ermen are only allowed to work 24 days that—Massachusetts fishermen are al- rior, Environment, and Related Agen- a year. If these are the regulations we ready set to receive approximately 6 cies conference report lists a State and require, I think that is evidence million of additional fisheries mitiga- tribal assistance grant project as enough that the fishery should be con- tion funding from operators of a lique- ‘‘$300,000 for The City of Southington sidered a failure. fied natural gas facility. for wellhead cleanup.’’ This language But given the Secretary’s decision, If Congress does not act to remedy should be interpreted as if it stated and his rejection of numerous appeals this situation, we could be sounding ‘‘$300,000 for the Southington Water to reconsider, it is now up to Congress the death knell for groundfishermen in Department for wellhead cleanup.’’ to provide this vital economic relief, other New England States. The fisher- The Labor, Health and Human Serv- which will enable our fishing commu- men in Maine, New Hampshire, Rhode ices, Education and Related Agencies nities to survive while groundfish Island, and Connecticut would simply conference report lists an Office of Mu- stocks rebuild over the next several be unable to compete with their coun- seum and Library Services project as years. But as it now stands in the om- terparts in Massachusetts, who will ‘‘$97,000 for the Connecticut Historical nibus, Congress is poised to repeat the soon find themselves awash in an in- Society, Hartford, CT for educational mistakes made by the Secretary of programs and interactive school pro- Commerce by denying this relief where flux of cash, boosting their bottom grams at the Old State House.’’ This it is most needed. lines and increasing their competitive- Currently, the language in the bill ness. This would be a grievous injus- language should be interpreted as if it would only allow disaster relief funding tice—one that we cannot countenance. stated ‘‘$97,000 for the Connecticut His- to groundfishermen in the State of For the sake of the hard-working torical Society, Hartford, CT for edu- Massachusetts. This language marks a groundfishermen throughout the other cational programs and interactive significant departure from the New New England States, who have already school programs at the Old State England delegation’s past efforts to ad- endured years of costly regulations and House and the Connecticut Historical dress the impacts of groundfish regula- are working hard to help stocks re- Society Museum.’’ tions. For nearly a decade, until this cover, I implore my colleagues to sup- Once again, I commend the efforts of language appeared, my staff and I have port this amendment. Congress must my colleagues on the consolidated ap- worked closely with Senators KERRY right the wrongs that continue to be propriations bill for fiscal year 2008. and KENNEDY—as well our colleagues carried out on our hardest hit fisher- They deserve hearty congratulations from other New England States—to de- men and coastal communities. for their demanding work and consider- velop and put forth a comprehensive, Mr. LIEBERMAN. Mr. President, I able willingness to compromise. consistent, regional approach for rise today to support the fiscal year Mr. COBURN. As we approach the achieving the goal of fairly and effec- 2008 omnibus appropriations bill. I end of the year, Congress once again tively helping our groundfishermen. know it has been difficult to reach a finds itself on a last-minute spending The simple fact is that this is a re- compromise on this bill, and I realize spree, approving billions of dollars of gional fishery. Massachusetts fisher- that many funding levels for important new spending with few questions asked, men are chasing the same fish as their programs were reduced so we could no amendments allowed, and little de- Maine or Rhode Island or New Hamp- reach an agreement. bate, discussion, or inspection per- shire counterparts. And I am deeply Despite these cutbacks, I believe we mitted. troubled to see that this regional, co- can still be proud of this bill. It con- The U.S. national debt now exceeds operative approach has been abandoned tains considerable funding for counter- $9.13 trillion. That means almost by my colleagues from Massachusetts, terrorism and crime prevention, sci- $30,000 in debt for each and every man, and they now choose to ‘‘go it alone’’ entific and medical research, Pell woman, and child in the United States. without seeing that this is a regional grants, title I schools, special edu- The U.S. debt is expanding by about crisis. After all, considering that dev- cation, small business programs, con- $1.4 billion a day, or nearly $1 million astating economic impacts have hit all sumer product protection, Amtrak, a minute. The unfunded liability New England States, especially Maine, State and local first responder grants, placed on a child born today is $400,000. it is simply unfair and unreasonable to and low-income energy assistance. To The ‘‘Financial Report of the United keep this funding contained to one meet the President’s top line budget States Government’’ released this week State. number, my colleagues had to make found that the Federal deficit would be

VerDate Aug 31 2005 08:25 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.053 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15883 nearly 70 percent higher than the $162.8 $150,000 for a Louis Armstrong Mu- replacement projects and caused [Fed- billion reported 2 months ago if the seum in New York; eral Aviation Administration] to delay Government used the same accounting $700,000 for a bike trail in Minnesota; the planning of its higher priority re- practices as private firms. Accounting $1,000,000 for river walk in Massachu- placement projects by at least 3 for such liabilities as pensions and setts; years.’’ health care costs when they are in- $200,000 for a post office museum in Earmarks have siphoned away tens of curred rather than when they are paid downtown Las Vegas; billions of dollars that could and would have boosted the deficit to $275.5 $1,000,000 for an earmark requested by should have been spent to upgrade defi- billion, the report noted. a House Member who has been indicted cient bridges or improve aging roads It is completely irresponsible for on Federal charges of racketeering, rather than being spent on politicians’ Congress to add to this debt that money-laundering and soliciting pet projects. threatens the retirement security of bribes; our senior citizens and the economic $824,000 for alternative salmon prod- The Senate has already rejected a prosperity of our children and grand- ucts; similar amendment in September, and children who will inherit the debt that $146,000 for an aquarium in South this bill shows once again that Con- results from the spending decisions Carolina; gress is more interested in securing Congress is making today. $1,000,000 for managing weeds in earmarks than securing our Nation’s The Omnibus appropriations bill, Idaho; and roads and bridges. which combines the 11 unfinished ap- $37,000 for the Lincoln Park Zoo in Il- The second amendment, 3861, would propriations bills to fund the Federal linois. have allowed the Department of Health Government’s operations in fiscal year It is hard to argue that any of these and Human Services to redirect ear- 2008, provides approximately $515.7 bil- are national priorities or more impor- marked funds to the Maternal and lion in discretionary spending. The bill tant than funding the troops in Iraq or Child Health Block Grant Program. also adds approximately $11 billion in worth increasing the national debt. Congress has spent much of this year emergency spending, of which $3.7 bil- Members of Congress have, however, posturing about who cares most about lion is contingent emergency spending learned to rationalize the practice of providing health care for children and for veterans programs. earmarking, but the truth is every ear- the uninsured. Yet Congress has failed This bill was approved by the House mark diverts funds away from more to enact any reforms to expand health of Representatives last night, and the important national priorities. care access. According to the Kaiser Senate will vote on it today, even I filed two amendments to this bill Family Foundation, in this country though it has only been available now that would have demonstrated this there were 9.5 million children who for 36 hours. The bill is more than 3,400 point that I had hoped to offer but was lacked health insurance for at least pages, and I am fairly certain that not blocked from doing so. These amend- part of last year, and over 17 million a single Member of either chamber of ments would have given Congress the women are uninsured. Congress, or anyone else, for that mat- opportunity to choose between improv- This amendment ensures that many ter, has read it in its entirety. What is ing deficient roads and bridges and pro- most shocking, however, is that the ea- of these uninsured women and children viding health care to women and chil- would receive services from the Mater- gerness of Members of Congress to re- dren before steering funds toward spe- cess for the year and to satisfy the de- nal and Child Health Block Grant, cial interest earmarks. which provides funding for urgent sire to secure pork projects has taken The first amendment, 3860, would precedent over our responsibility to health needs for pregnant women, have allowed the Department of Trans- mothers, infants, children, and adoles- properly manage the Nation’s finances portation to redirect earmarked funds and set national spending priorities. cents. It is shameful that Congress has to improve unsafe roads and bridges. diverted tens of millions of dollars in While this bill does not provide the On August 1, 2007, the Interstate 35 funding that is needed for our brave the health title of this bill towards spe- West, I–35W bridge over the Mississippi cial interest pork projects when mil- men and women in uniform fighting on River in Minneapolis, MN, collapsed the front lines in Iraq, it does contains lions of children and women do not during rush hour, killing 13 people and over 9,000 special interest pork have access to critical health care. injuring another 123. This tragedy ex- projects, known as ‘‘earmarks.’’ posed both a nationwide problem of de- The Senate rejected a similar amend- ‘‘An earmark Christmas, Lawmakers ficient bridges as well as misplaced pri- ment in October, and this bill dem- deck out omnibus with many a spend- orities of Congress, which has focused onstrates once again that while Con- ing project,’’ proclaims the front page more on funding earmarks than im- gress may talk about prioritizing chil- of the Hill newspaper. ‘‘Earmark Ex- proving aging infrastructure. dren’s health care, the real priority of travaganza, Nearly 9,000 Requests in According to the U.S. Department of Congress is its own special interest Omnibus,’’ exclaims the front page of Transportation, one out of every eight pork projects. Roll Call. bridges in our Nation is structurally There are plenty of other examples in Nearly 300 of the earmarks in this this bill of Congress’s misplaced prior- bill costing over $800 million were air deficient. Of the 597,340 bridges in the United States, 154,101 bridges are defi- ities. The bill, for example, terminates dropped into this bill during closed- the Baby AIDS Program that provides door meetings not open to the public or cient. Yet, instead of addressing needed bridge maintenance, Congress has resources to prevent perinatal HIV most Members of Congress. transmission and care for mothers with Among the thousands of earmarked prioritized earmarks for politicians’ HIV, while ensuring that San Fran- projects tucked into this bill are: pet projects, many which do not even cisco receives funding for deceased $113,000 for rodent control in Alaska; involve roads or bridges. $213,000 for olive fruit fly research in The $286 billion, 5-year Transpor- AIDS patients. The bill provides an- France; tation authorization bill approved by other $100 million for the 2008 political $1,645,000 for the City of Bastrop, LA. Congress in 2005, for example, included party conventions. It allows the De- According to Bastrop Daily Enterprise, 6,373 earmarks, totaling $24 billion, in- partment of Justice to again provide ‘‘The money is officially earmarked for cluding the infamous ‘‘Bridge to No- Federal financial support for groups the purchase of bulletproof vests and where’’ in Alaska. linked to terrorism by removing the body armor. Bulletproof vests only cost An investigation by the inspector prohibition passed by the Senate in Oc- about $700–800, however, so $1.6 million general of the Department of Transpor- tober. would appear to be overkill.’’ Police tation found that ‘‘Many earmarked Who know what other travesties are detective Curtis Stephenson agrees, projects considered by the agencies as hidden within this 3,400 page omnibus conceding ‘‘There’s no way we’d need low priority are being funded over spending bill that Congress is expected that kind of money just to put all our higher priority, non-earmarked to pass without having time to read, people in vests.’’; projects.’’ The IG notes that ‘‘Funding review, or amend? Members of Congress $200,000 for a Hunting and Fishing these new low priority projects added may never know, and apparently few Museum in Pennsylvania; to the already substantial backlog of seem to care.

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.088 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15884 CONGRESSIONAL RECORD — SENATE December 18, 2007 It should come as no surprise to any- trate. Second, it requires registration have chosen to support it because it is one that the approval ratings of Con- number applicants to be matched within the President’s budget request, gress have reached alltime historical against the terrorism screening data- it provides bridge-funding to support lows. base before being authorized to buy or our troops in Iraq and Afghanistan, and Congress has ignored the needs of our sell ammonium nitrate. Finally, by it contains a number of other items troops in combat, the looming bank- making the sale or purchase of ammo- that I support. ruptcy of Social Security and Medi- nium nitrate more difficult, it deters I am pleased that the bill contains care, and the nearly insurmountable acquisition of this explosive precursor funds to continue Marriage Develop- national debt that threatens the future by dangerous persons. ment Accounts in the District of Co- prosperity of our Nation while showing Farmers who use ammonium nitrate lumbia. We began this program in fis- virtually no restraint on spending, es- in agriculture production normally ob- cal year 2006 as a way to stem the ero- pecially for parochial pork projects. tain the ammonium nitrate from a re- sion of marriage in DC. Sadly, mar- Mr. CRAPO. Mr. President, I rise tail fertilizer dealership. Any retail riage is all but disappearing in low-in- today to offer my distinct dismay with fertilizer dealership that stores and come communities in this city and the outcome of what has become omni- sells ammonium nitrate would have to across the country because couples lose bus funding legislation for 11 of the 13 register under this legislation. The in- important benefits such as food appropriations bills for fiscal year 2008. tent of this legislation is ‘‘track and stamps, low-income housing credits, H.R. 2764 is a sad testament to trace’’—to provide law enforcement of- Temporary Assistance to Needy Fami- Congress’s inability to draft and pass ficials with the ability to know where lies, and Medicaid merely for taking a responsible Federal funding legislation. ammonium nitrate is being stored and wedding vow. In addition, these couples I am very disappointed that critical the establishment of a prescreening often have to pay higher taxes when they choose to marry. For most low-in- funding for drug abuse education ef- process before a person can purchase come couples, the welfare system has forts, crime victims and, more specifi- and take away ammonium nitrate. cally, victims of domestic violence has Retail fertilizer dealerships provide made marriage a bad economic deci- been stripped from this bill. Idaho will many services for farmers and one of sion. MDAs are one way we are making marriage a good economic decision. lose more than 10 percent of Victims of those services is custom application. With an MDA, a low-income couple can Crime Act Funding, money, inciden- Many farmers buy the fertilizer, but save for a house, for higher education, tally, which was never supposed to be never physically take possession of the or to start a small business and we will subject to the appropriations process in ammonium nitrate. Instead, farmers the first place. Furthermore, funding match those funds 3-to-1 with two Fed- purchase the services of a dealer who eral dollars and one private matching for programs that help victims of sex- spreads the ammonium nitrate on their dollar. In just its second year of oper- ual assault in 15 cities in Idaho and a fields. In the southeastern United ation, over 100 DC residents have program that has helped thousands of States, nearly 90 percent of the 41,800 opened MDAs and 7 have already Idaho schoolchildren learn of the dan- tons of ammonium nitrate purchased is bought houses with their matched sav- gers of Internet predators have been directly applied to the field from the ings. eliminated during the conference proc- custody of the fertilizer dealer or appli- I am also pleased that we were able ess on this omnibus spending bill. Jus- cator company. Only 10 percent of the to include language in this bill requir- tice assistance grants have been sig- ammonium nitrate purchased in the ing the U.S. Mint to return the words nificantly reduced. The Office of Na- southeastern United States is ever ‘‘In God We Trust’’ to the face of the $1 tional Drug Control Policy Youth Anti- under the direct control and possession Presidential coins and the $1 Drug Media Campaign was signifi- of the farm customer. Sacagawea coins. ‘‘In God We Trust’’ is cantly cut, which jeopardizes impor- Businesses and employees who pro- our national motto and since the be- tant anti drug and, particularly anti vide custom application services would ginning of our Nation, America’s citi- meth media messaging for Idaho’s be subject to the registration require- zens have acknowledged how God is youth. Although I have supported im- ments of the legislation. It is not the very much a part of the founding prin- portant funding along the way in these intent of this legislation to require reg- ciples and traditions of our democracy. bills including veterans funding, border istration by individuals who use cus- I would like to note that in 1861, Sec- funds and other Idaho priorities, in my tom application services but never retary of the Treasury Samuel P. view, victims of crime and our youth physically control any ammonium ni- Chase ordered that coins bear a motto are the clear losers in this legislation, trate. expressing the American people’s trust and because of this and other substan- I believe this bill will help keep am- in God. The first coins with the phrase tial concerns I have with this, I have to monium nitrate out of would-be terror- ‘‘In God We Trust’’ were minted in 1864. vote against the bill. ists’ hands while allowing farmers to In 1955, the phrase was required for all Mr. PRYOR. Mr. President, I would use it for legitimate purposes. new coins, and in 1956 Congress offi- like to express my support for a provi- Mr. BROWNBACK. Mr. President, I cially endorsed ‘‘In God We Trust’’ as sion of the Consolidated Appropria- rise to discuss the Omnibus appropria- the national motto. Therefore, I was tions Act, 2008. Specifically, I would tions bill that is before us today. Al- troubled to learn that the words ‘‘In like to take this opportunity to high- though I am supportive of a number of God We Trust’’ do not appear on the light and clarify language included in important items in the bill, I have seri- face of the new Presidential coins. Division E, the Department of Home- ous concerns and reservations about These words are barely visible and al- land Security Appropriations Act of how this voluminous package was put most hidden on the edge of the new 2008 regarding the secure handling of together and how it has reached this coins. To rectify this situation, we ammonium nitrate. point. As we are all aware, none of the have included language in this bill that This legislation reduces the risk of 11 bills in this package have ever been will require the U.S. Mint to return our large quantities of ammonium nitrate considered on the floor of this cham- national motto to the front of the coin. falling into the wrong hands, while en- ber. I believe this is a travesty and en- I would like to note that we have suring access for agriculture profes- tirely contrary to our democratic proc- provided $80 million for the Consumer sionals and farmers who use this fer- ess. I, for one, believe that next year Product Safety Commission, an in- tilizer for legitimate purposes. It re- we must make it a priority to consider crease of $17 million over the fiscal quires that ammonium nitrate sellers all of the appropriations bills in reg- year 2007 level. I believe that this in- and purchasers register and receive a ular order so that all Members can par- crease is important and necessary be- registration number in order to dis- ticipate in the process. We are appro- cause it will allow the CPSC to hire ad- tribute or buy the product. Doing so re- priating nearly $933 billion through ditional inspectors to ensure that toys duces the possibility that ammonium this bill and only a select few Members and other consumer products entering nitrate will be misused. First, it allows in both Chambers have participated in our country are safe. We have all been Department of Homeland Security and the allocation of those dollars. deeply concerned over the flood of relevant law enforcement agencies to Despite my deep concerns about the shoddy and dangerous products enter- know who has access to ammonium ni- process of putting this bill together, I ing our ports. Most troubling is that

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.088 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15885 many of these products are designed tect America from terrorism and vio- small U.S. manufacturers stay com- for our smallest and most vulnerable lent crime. The subcommittee provided petitive. Also, the agreement provides consumers: everything from baby cribs the Federal Bureau of Investigation $65 million for the newly authorized and strollers to children’s toys and (FBI), our domestic counterterrorism Technology Innovation Partnership, baby teethers have been recalled just agency, $133 million above the Presi- TIP, program to encourage innovation. this past year. I believe these addi- dent’s request, for a total of $6.7 bil- The CJS agreement emphasizes over- tional funds will help CPSC address lion. The CJS agreement bolsters the sight and accountability to prevent this growing problem. FBI’s efforts to fight emerging cyber mismanagement of taxpayer dollars. I am supportive of the $60 million security and terrorist threats and pro- Specifically, the agreement prohibits available in this bill to support democ- vide for 160 new FBI agents to track funds for lavish banquets and con- racy in Iran. Although I am pleased and dismantle terrorist cells in the ferences and requires the Inspector that this money is in the bill, I would United States For the Drug Enforce- General in each agency to stand sentry have hoped we could have come up with ment Administration, DEA, we provide over grant spending to ensure taxpayer an additional amount for this impor- $53 million more than the President’s dollars are not squandered. The sub- tant and essential work. I am also con- request, for a total of $2.1 billion. committee agreement institutes an cerned about oversight of these funds. These funds will lift the hiring freeze early warning system for cost overruns In my view, this money is a crucial and give DEA the resources they need and schedule slippages on major sat- part of our overall policy on Iran, and to hire 200 additional special agents. ellite procurement programs so that I will closely monitor how it is spent. These agents will fight illegal drugs costs to the taxpayers do not grow un- Finally, I would not be able to vote like heroin and methamphetamine that checked. The agreement also requires for this bill if it did not contain the are destroying our communities and management reforms at the Patent and necessary funding for our troops in disrupt the poppy trade in Afghanistan, Trademark Office, PTO, to reduce ap- Iraq and Afghanistan. The amendment which funds terrorist activity. plication backlogs and waiting times. that Senator MCCONNELL has offered In addition, the President’s budget Currently there is a 2 year backlog to today contains those important and gutted funds for State and local law en- process a patent application and this necessary funds. We are making forcement by $1.5 billion from last backlog could reach over 800,000 appli- progress in the war in Iraq and we must year’s level. The CJS agreement pro- cations this year. continue to provide our brave service- vides a total of $2.7 billion to help Unfortunately, the subcommittee men and servicewomen all the armor State and local law enforcement fight also had to make some very difficult and ammunition and support they need crime, drugs and gangs. The agreement choices. There were reluctant cuts dic- to continue to secure a peace in that includes $1.2 billion more than the tated by the President’s budget that region of the world. President’s request. With the limited forced the Subcommitte to cut things I reiterate my deep concerns and con- resources the subcommittee had, we that we wanted to fund. For example, sternation with how this omnibus bill were able to make modest increases to Byrne formula grants to States are was put together. To say that this be- critically important State and local funded at only $170 million. The Presi- hemoth bill was cobbled together in law enforcement programs. For exam- dent zeroed out Byrne formula grants, the dead of night among just a few ple, we provided $20 million to put 260 but our agreement is still $350 million Members is no exaggeration. Such an new cops on the beat in our local com- below 2007. Byrne formula grants go to approach is undemocratic and dan- munities; $400 million to keep women States to pay for police training and gerous. Although I will vote for the and children safe from domestic vio- technology and crime prevention pro- bill, I must insist that we abandon this lence; $383 million to keep children safe grams at the State and local level. This undemocratic process and return to from child predators, gangs and drugs; cut means there will be less direct Fed- regular order when we take up next and $15 million to put cops in schools eral funding for State law enforcement year’s appropriations bills. to fight the rising trend of violence on budgets, straining State budgets that Ms. MIKULKSI. Mr. President, I rise school grounds. These are critical pro- are already stressed. today to discuss the Commerce, Jus- grams and I wish we could have pro- Regrettably, the CJS agreement is tice, Science and Related Agencies, vided more funds to keep our children $424 million below the President’s re- CJS, division of the Omnibus appro- safe, protect our communities and pro- quest for the American Competitive- priations bill before the Senate. The vide those on the thin blue line the re- ness Initiative, ACI, at the National CJS agreement in this bill is a bipar- sources they deserve to protect us. Science Foundation, NSF, and Na- tisan, bicameral compromise that is a The CJS agreement continues the tional Institute of Standards and Tech- product of hard work and tough subcommittee’s commitment to the de- nology, NIST. Our Senate bill fully choices. In order to meet a very strin- velopment of new technologies that funded the President’s request for ACI, gent allocation mandated by the Presi- create jobs for the future. The CJS which has bipartisan support, but our dent, we had to cut $2.6 billion from agreement fully funds the President’s allocation required very difficult the Senate CJS bill, which passed the request of $17.3 billion for NASA. choices and this was one of them. Senate on October 16, 2007. NASA is our premier innovation agen- Finally, I want to express about my Although we were forced to make cy that is creating new technologies disappointment that the House would substantial cuts, we protected the sub- and inspiring future scientists and en- not agree with two provisions that committee’s priorities. First, secu- gineers. The CJS agreement maintains were included in the Senate CJS bill. rity—keeping Americans safe from our commitment to the space station First is emergency funding for NASA. threats at home and abroad. Second, and the aging space shuttle fleet and Our Senate bill included $1 billion in promoting competitiveness—devel- fully funds the new space transpor- emergency funding to reimburse NASA oping new technologies that create jobs tation vehicle. The CJS agreement also for the costs of returning the space for the future. Finally, providing con- keep our commitment to NASA’s sci- shuttle to flight after the Columbia ac- gressional oversight by demanding ac- entific discovery and aeronautics re- cident. This funding had bipartisan countability from the agencies funded search. support in the Senate, but the House in this bill to ensure they act as good In addition, the CJS agreement re- would not agree to it. The consequence stewards of U.S. taxpayer dollars. Sig- jects the President’s cuts to Depart- will be a continued gap in time be- nificant improvements to the Presi- ment of Commerce initiatives that cre- tween shuttle retirement and develop- dent’s budget were made in this bill to ate technologies and jobs. The agree- ment of our new vehicle. make America safer and stronger and ment restores $80 million above the Second, I included a provision in our ensure taxpayer dollars are being spent President’s request for economic devel- Senate bill to extend the H–2B return- wisely. opment grants to help our commu- ing worker exemption. This was a sim- Despite the tough choices we had to nities develop infrastructure to create ple 1-year extension of current law. On make, there are accomplishments for new jobs. The agreement provides $90 a bipartisan basis, the Senate wanted which we can be proud. First, the CJS million for the Manufacturing Exten- to protect small and seasonal busi- subcommittee’s top priority is to pro- sion Partnerships, MEP, which help nesses from going bankrupt. I regret

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A18DE6.059 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15886 CONGRESSIONAL RECORD — SENATE December 18, 2007 that the House would not agree to the essary to bring about a political solu- The alternative is to continue giving extension. tion that is the only solution. And as the President a blank check which is Overall, the CJS agreement is a bi- long as we continue to follow the same exactly what the McConnell amend- partisan effort, a product of hard work course of giving them an open-ended ment does. There’s no requirement to and tough choices in order to meet a commitment, they will continue to transition the mission, and no deadline very tight allocation. Even within the pursue their narrow sectarian interests to leverage political process. And tight allocation, we provide funding to while our troops continue to pay the there’s no relief for a military keep America safe, we secure Amer- ultimate price. stretched to the breaking point. That ica’s competitiveness, and we provide To succeed over the long term in will not resolve the sectarian divisions strong oversight and accountability to Iraq, we must change course. We must that have fed this civil war, it will not ensure stewardship of taxpayer dollars. insist on a strategy that honors what bring longterm stability to Iraq, and it I want to thank my ranking member, our troops have accomplished and force will not protect our national security Senator SHELBY for his collegiality and the Iraqis to finally take advantage of interests around the world. cooperation. I also want to thank the opportunity they have before them. Nowhere is that more important than Chairman BYRD and Ranking Member That’s what the Feingold amendment in Afghanistan, where the same killers COCHRAN for their hard work and advo- does. It changes the mission to one who attacked us on 9/11 are right where cacy. And I thank their staff, specifi- that can be sustained even as we draw we left them, plotting more attacks on cally, Art Cameron, Chuck Kieffer, and down troops to pre-surge levels which our homeland. The simple fact is that Bruce Evans. I encourage my col- our overstretched military requires us because of the attention, energy, and leagues to support of the CJS agree- to do: training Iraqi security forces, resources we have devoted to Iraq, ment. conducting targeted counter-terrorism we’re now in danger of losing Afghani- Mr. KERRY. Mr. President, I rise in missions, and protecting U.S. forces stan. The Taliban and al-Qaida have re- support of the Feingold amendment be- and facilities. And most importantly, grouped along the Afghan-Pakistan cause the strategy it mandates gives us it sets the deadline we need to create border, currently hold large swathes of the best chance to succeed in Iraq and the leverage necessary to bring about territory, and are expanding their strengthen America’s security around real political reconciliation. reach into regions that haven’t seen In fact, if you look closely at what the world. In fact, recent developments the Taliban since 2001. Violence may be has occurred over the past few months in Iraq and Afghanistan have made it down in Iraq, but it’s at its highest lev- in Iraq, it is clear that a significant clear that this amendment is as impor- els in Afghanistan since the invasion. amount of the progress we have seen in tant now as it was when Senator FEIN- Opium cultivation has soared to 93 per- terms of reducing violence has been the GOLD and I first introduced a similar cent of the world’s market. Recon- result of political decisions. That’s not measure a year and half ago. struction efforts have stalled, and to understate the key role our troops I have heard the arguments that the Oxfam International is reporting ‘‘hu- escalation has worked, that we no have played it’s simply to recognize the realities of this type of counterin- manitarian conditions rarely seen out- longer need to change the mission, and side sub-Saharan Africa.’’ that we are now on the path to victory surgency mission. We all know that the Sunni tribal That is why Secretary Gates and Ad- in Iraq. Every one of us agrees that the leaders in Anbar province made a cal- miral Mullen called for more troops, troops in Iraq have done an extraor- culated decision, based on their own equipment, and a strategic plan to get dinary job under unbelievably difficult self-interest, to turn against al-Qaida it right in Afghanistan last week. But circumstances. The entire country in fact, many of us have argued for because we have expended valuable owes them a profound debt of gratitude some time the Iraqis themselves would American blood and treasure in Iraq for their incredible sacrifices. never tolerate foreign extremists in and allowed our focus to wander from But we must not lose sight of the big- their midst. our top national security priority, the ger picture, which is that the brave We also know that one of the key fac- resources just aren’t there to fight men and women of our armed forces no tors in reducing the violence has been Taliban and al-Qaida in Afghanistan. If matter how heroically they perform the decision by Moktada al-Sadr to tell we change the mission in Iraq and re- cannot end an Iraqi civil war. Every his Mahdi militia to stand down—at turn our focus to Afghanistan, we still one of our generals, the Secretary of least temporarily. This was reportedly have time to achieve the stable democ- Defense, and the Secretary of State due, at least in part, to a request racy we promised. have all told us repeatedly that there Prime Minister Maliki made of Iran in But we must act now. In Iraq and in is simply no military solution to this August to help rein in the Shia mili- Afghanistan, time is not on our side. conflict. The President himself has ac- tias. In fact, according to the New We must seize this moment to put knowledged as much and that is why York Times, spokesmen for our own America on course to a safer and more he made clear that the purpose of the military ‘‘have gone out of their way secure future. escalation was to give the Iraqis one to publicly acknowledge Iran’s role in Mr. DURBIN. Mr. President, the fis- last opportunity to make the tough po- helping to slow the flow of weapons cal year 2008 appropriations bills do not litical compromises that are the only into the country.’’ adequately address all of the long-term hope for bringing lasting stability to And finally, we know that the flow of needs of the American people. We have Iraq. foreign fighters into Iraq from Syria no one to blame but the President and But the bottom line is that we have has diminished considerably at a time his Republican allies who have chosen not seen any political progress from when we have finally begun some level to stand by his side. the Maliki government since the esca- of diplomatic engagement with Syria. The bills we drafted and passed out of lation began nearly one year ago. Not So we must learn the right lessons the Appropriations Committees on a one single additional political bench- from the positive developments we bipartisan basis went far beyond what mark has been met and by some ac- have seen over the last few months and we have here today, but the President counts they are even further away recognize that the way forward, the has made it clear he would veto any from compromising than they have best chance for lasting progress, is bills that were above his grossly inad- ever been. So when we assess progress through political and diplomatic ef- equate budget. in Iraq over the past few months, let’s forts. We must act now to take advan- These allies stood with the President be clear: by the measure that ulti- tage of the window our troops have and his budget, a budget that I cannot mately counts the most political rec- provided. I applaud the summits that believe anyone would be proud to sup- onciliation this strategy has not ac- have been held on Iraq in Sharm el port. The President’s budget contained complished the goal that the President Sheikh and Istanbul, but we need to cuts of 800 grants for medical research himself established. see much more sustained, hands-on en- at NIH, cuts in programs that provide The reason is simple: the Iraqi gov- gagement at the highest levels of the access to health care by $595 million, ernment has proven time and again administration. And we need a deadline cuts in rural health initiatives by 50 that without a deadline they will not to fundamentally change the dynamic percent, cuts for crucial Department of make the tough compromises nec- for Iraq’s political leaders. Education programs by $1.2 billion, and

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.146 S18DEPT1 hmoore on PRODPC68 with HMSENATE December 18, 2007 CONGRESSIONAL RECORD — SENATE S15887 cuts in Homeland Security Grants for spending for health, education and come Tax Assistance Program to serve police, firefighters, and medical per- workers by $3.9 billion. That is $3.9 bil- underserved populations and hardest- sonnel by $1.1 billion. lion for our needs here for Americans to-reach areas. This is what we were presented with at home. Even with the President’s The bill boosts funding for Treasury’s take it or leave it. The President re- hard-line position on his overall budget Community Development Financial In- fused to compromise and instead made numbers, the fiscal year 2008 Consoli- stitutions, CDFI, Fund to $94 million, it very clear that in his eyes, cuts for dated Appropriations Act better re- reflecting an increase of $39.5 million health care, education, jobs, and home- flects American priorities. over the fiscal year 2007 enacted level, land security are nonnegotiable. For Democratic increases above the $65.4 million above the President’s re- the cost of what we spend in 2 months President’s budget request include $3.7 quest, and $4 million above the Senate in Iraq, the President was more than billion for veterans healthcare, $613 committee-reported level. The Presi- willing to sacrifice a year’s worth of million for medical research, $3 billion dent’s request would have decimated badly needed investments into health for education, $486 million for renew- the fund, which promotes access to research, our children’s education, able energy sources, $788 million for capital and local economic growth by worker safety, and homeland security. heating assistance for low-income directly investing in and supporting The President has done all of this households, $1.6 billion for highways community development financial in- under the banner of fiscal responsi- and bridges, $1.2 billion for State and stitutions and by expanding lending, bility. This is hard to believe from a local law enforcement, $1.8 billion for investment, and services offered by President who increased spending 50 homeland security, and $17 million for banks and thrifts within underserved percent since he came to office, saddled consumer protection. markets. our children and grandchildren with I am also very pleased and proud of The Federal judiciary receives a 4.3 $3.3 trillion in new debt, doubled the what we were able to do with very lim- percent increase over fiscal year 2007 in size of foreign debt held by other coun- ited funding within the Financial Serv- both mandatory and discretionary tries, and asked for another $200 billion ices and General Government Appro- funding. Within the Judiciary title, the for the war in Iraq without paying for priations Subcommittee. bill provides $410 million—an 8.3 per- it. Our bill provides $20.6 billion in fund- cent increase over fiscal year 2007—for This President also had no problem ing for the Department of the Treas- court security. The bill also authorizes with a Defense spending bill that was ury, the Internal Revenue Service, the a pilot program to permit the U.S. 11 percent more than he asked for. He Executive Office of the President, the Marshals instead of the Federal Protec- has no problem asking us for a blank Federal judiciary, the District of Co- tive Service to provide security for check to fund war in Iraq. This is a lumbia, and an array of 20 independent seven Federal courthouses including President who says it is OK to increase agencies, including the Consumer Prod- the Dirksen Courthouse in Chicago. spending for those in other countries, uct Safety Commission, the General Finally, among an array of general but not here at home. When it comes to Services Administration, the Federal provisions applicable government-wide raising money for our needs at home Communications Commission, the Fed- in Title VII of Division D, the bill pro- his answer comes with a stroke of his eral Election Commission, the Federal vides for a 3.5 percent cost-of-living ad- new-found veto pen. When the President drew his line in Trade Commission, the Postal Service, justment for civilian Federal employ- the sand, we reached out to our Repub- the Securities and Exchange Commis- ees as included in both the House- lican counterparts in an effort to build sion, and the Small Business Adminis- passed and Senate committee-reported a bipartisan coalition to overcome his tration. bills. I am frustrated that we were not able veto, but Republicans gave us the cold Therefore, while I would like to high- to do more and that the process has shoulder and have decided to stand light some of the features in the Finan- with the President. These are the same cial Services title, I note that the cir- been delayed, but the fiscal year 2008 Republicans who last Congress failed to cumstances that led to the final bill funding levels we consider this evening pass a budget or complete any of its forced us to make regrettable cuts, be- reflect America’s priorities and I am work on domestic funding bills. They cause of the President’s insistence on pleased to support the final package. Mr. REID. Mr. President, with the have criticized us for the size of this his overall bottom line on domestic Senate’s passage of the Omnibus appro- bill, but compared to nothing, I will spending. take our work here. I am pleased this bill provides $80 priations bill for fiscal year 2008 and We realize we have an obligation to million for the Consumer Product Safe- H.R. 6, the Energy Security and Inde- the American people to fund the impor- ty Commission, a 30-percent increase of pendence Act of 2007, the Department tant functions of our Government and $17.3 million above the fiscal year 2007 of Energy must now finally understand to finish our work as a Congress. To enacted level and $16.75 million above that its irrational hostility toward complete these bills we had to make the budget request. geothermal energy research and devel- tough decisions in the face of the Presi- This increase in funding will allow opment has come to an end, pursuant dent’s unreasonable demands and work the agency to hire employees, find to these two acts of Congress. toward prioritizing the needs of the space for additional employees, and First, H.R. 6 will become law ahead country. make critically needed IT improve- of the omnibus and thereby controls Even within the unreasonable con- ments. the primary use and priorities for funds straints of the President’s budget num- In addition, the bill includes $115 mil- provided by Congress following its en- bers, we still put veterans first. This lion for election reform programs to be actment. As Senators may know, the bill added $3.7 billion above the Presi- available for States for assistance in United States and particularly Nevada dent’s budget request for veterans and meeting the requirements of the Help and the West have tens of thousands of their health needs. This $3.7 billion in America Vote Act of 2002. The amended megawatts of clean power generation veterans spending is a proposal the bill also provides $10 million for an potential from geothermal energy President once threatened to veto. election data collection pilot program. sources just waiting to be developed. In These funds will be used for medical Within the IRS, funding of $2.15 bil- title VI, H.R. 6 contains very impor- and prosthetic research, health serv- lion is provided for the Taxpayer Serv- tant research and development provi- ices for injured and ill veterans, and ices account. This is $11.7 million above sions collectively referred to as the Ad- the construction of new medical facili- the fiscal year 2007 enacted level, $46.9 vanced Geothermal Energy Research ties to help those returning home from million above the President’s request, and Development Act of 2007 that will Iraq and Afghanistan. The additional and $800,000 above the Senate com- help realize that enormous potential $3.7 billion for veterans is contingent mittee-reported level. The President’s and create significant sustainable eco- on Presidential action. The President budget sought to cut Taxpayer Serv- nomic growth in rural areas through- must make an emergency spending re- ices by $35.1 million below the fiscal out America. quest by January 18, 2008. year 2007 level. The bill also establishes The Department must, by law, com- Within the President’s overall budget a new $8 million pilot grant program to ply with the program direction pro- numbers, we were still able to increase improve the Community Volunteer In- vided in H.R. 6. The Department staff

VerDate Aug 31 2005 07:03 Dec 19, 2007 Jkt 069060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.149 S18DEPT1 hmoore on PRODPC68 with HMSENATE S15888 CONGRESSIONAL RECORD — SENATE December 18, 2007 need not reinvent the wheel or plead Kerry Mikulski Smith Given the work of the Senators serv- that they cannot accept or acknowl- Klobuchar Murkowski Snowe ing on the Judiciary Committee, we Kohl Murray Specter edge statutory direction from Congress Kyl Nelson (FL) Stabenow will have exceeded the yearly total in at this point in the fiscal year, since Landrieu Nelson (NE) Stevens each of the last 3 years when a Repub- they have not and will not have had Lautenberg Pryor Sununu lican majority managed the Senate and Leahy Reed any conflicting direction from Con- Tester the consideration of this Republican Levin Reid Thune Lieberman Roberts President’s nominations. Indeed, with gress. Vitter Lincoln Rockefeller Second, the Omnibus appropriations Warner the confirmation today of Judge Tinder Lott Salazar Webb to replace Judge Daniel A. Manion, bill requires that the Department cease Lugar Sanders and desist its efforts to shut down the Martinez Schumer Whitehouse like that of Reed O’Connor who was existing geothermal program. Instead, McConnell Sessions Wyden confirmed last month to the Northern the bill provides approximately $20 Menendez Shelby District, we are proceeding to fill va- million for geothermal energy tech- NAYS—17 cancies before they even arise. nology research. This is an increase of Allard Crapo Hagel The progress we have made this year $20 million over the budget request for Barrasso DeMint Inhofe in considering and confirming judicial the deployment of large-scale enhanced Bayh Ensign Isakson nominations is sometimes lost amid Burr Enzi McCaskill the partisan sniping over a handful of geothermal systems, to include accel- Chambliss Feingold Voinovich erating the development of subsurface Coburn Graham controversial nominations and at- tempts to appeal to some on the far technologies, including geological and ANSWERED ‘‘PRESENT’’—1 right wing. When we confirm the nomi- geophysical data collection and syn- Hatch thesis. This direction to the Depart- nation we consider today, the Senate ment is entirely consistent with that NOT VOTING—6 will have confirmed 40 nominations for provided in H.R. 6. Biden Dodd McCain lifetime appointments to the Federal The Congress expects the Depart- Clinton Feinstein Obama bench this session alone. That is more ment to use that money wisely and in The motion was agreed to. than the total number of judicial nomi- a balanced fashion that comports with Mr. REID. Mr. President, I move to nations that a Republican-led Senate the direction in the appropriations reconsider the vote. confirmed in all of 1996, 1997, 1999, 2000, bill’s statement of managers and the Mr. LEVIN. I move to lay that mo- 2004, 2005 or 2006. It is 23 more con- statutory direction provided in H.R. 6. tion on the table. firmations than were achieved during Clearly, the funds should not and can- The motion to lay on the table was the entire 1996 session, more than dou- not be used to focus on one or even a agreed to. ble that session’s total of 17, when Re- narrow set of technologies to the exclu- f publicans stalled consideration of President Clinton’s nominations. It is sion of the continuum of geothermal EXECUTIVE SESSION energy technologies. I also expect that seven more than the confirmations in next year’s budget request will reflect NOMINATION OF JOHN DANIEL TINDER, OF INDI- the second to last year of President the direction given to the Department ANA, TO BE A UNITED STATES CIRCUIT JUDGE Clinton’s final term. FOR THE SEVENTH CIRCUIT by Congress in H.R. 6. We continue to make progress on cir- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. All time cuit court nominations. We began the imous consent that the Senate now is yielded back. year by resolving an unnecessary con- proceed to executive session to con- Mr. LEAHY. I ask for the yeas and troversy over Judge Norman Randy sider Executive Calendar No. 373, the nays. Smith’s nomination to one of Califor- nomination of John Daniel Tinder, to The PRESIDING OFFICER. Is there a nia’s seats on the Ninth Circuit. That be United States Circuit Judge. nomination could easily have been con- sufficient second? There appears to be The PRESIDING OFFICER. Without a sufficient second. firmed—and a judicial emergency ad- objection, it is so ordered. dressed—in the last Congress had the The question is on agreeing to the The legislative clerk read the nomi- Bush administration chosen the com- motion. nation of John Daniel Tinder, of Indi- monsense approach of nominating The clerk will call the roll. ana, to be United States Circuit Judge Judge Smith, who is from Idaho, to The legislative clerk called the roll. for the Seventh Circuit. Idaho’s seat on the Ninth Circuit. After Mr. HATCH (when his name was The PRESIDING OFFICER. Under many months of urging by me and oth- called). Present. the previous order, there will be 2 min- ers, President Bush finally did the Mr. DURBIN. I announce that the utes of debate on the nomination, right thing at the beginning of this Senator from Delaware (Mr. BIDEN), equally divided. Congress by pulling the controversial the Senator from New York (Mrs. CLIN- Mr. LEAHY. Mr. President, we end Myers nomination to Idaho’s Ninth TON), the Senator from Connecticut the 2007 legislative session as we began Circuit seat and nominating Judge (Mr. DODD), the Senator from Cali- it, by making significant progress con- Smith, instead. He was confirmed in fornia (Mrs. FEINSTEIN), and the Sen- firming the President’s nominations February. We could make even more ator from Illinois (Mr. OBAMA) are nec- for lifetime appointments to the Fed- progress if the President would make a essarily absent. eral bench. At the Judiciary Commit- California nomination to fill the long- Mr. LOTT. The following Senator is tee’s first business meeting of the year, vacant California Ninth Circuit seat necessarily absent: the Senator from held less than 2 weeks after the Repub- left open by Judge Stephen Trott’s re- Arizona (Mr. MCCAIN). lican caucus agreed to the resolutions tirement. The PRESIDING OFFICER. Are there organizing the Senate, I included on We continued through the year to any other Senators in the Chamber de- our agenda five judicial nominations. consider and confirm district and cir- siring to vote? On January 30, the Senate confirmed cuit court judges. In October, the Sen- The result was announced—yeas 76, the first two judicial nominations of ate confirmed the nominations of nays 17, as follows: the session. Today’s confirmation of Judges Jennifer Walker Elrod and [Rollcall Vote No. 441 Leg.] John Daniel Tinder to the Court of Ap- Judge Leslie Southwick, who became YEAS—76 peals for the Seventh Circuit will be the fourth and fifth circuit court nomi- Akaka Cantwell Dole the 40th, including 6 of this President’s nees confirmed this year. Alexander Cardin Domenici nominations to powerful circuit courts. After this confirmation today, the Baucus Carper Dorgan I thank the members of the Judiciary Senate will have confirmed six circuit Bennett Casey Durbin Bingaman Cochran Grassley Committee for their hard work all year court nominees, matching the total Bond Coleman Gregg in considering these important nomi- circuit court confirmations for all of Boxer Collins Harkin nations. I thank especially those Sen- 2001. We will also have exceeded the Brown Conrad Hutchison ators who have given generously of circuit court totals achieved in all of Brownback Corker Inouye Bunning Cornyn Johnson their time to chair confirmation hear- 2004 when a Republican-led Senate was Byrd Craig Kennedy ings throughout the year. considering this President’s circuit

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