Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, WEDNESDAY, JANUARY 31, 2007 No. 19 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JON TESTER, a Sen- evening, cloture having been invoked called to order by the Honorable JON ator from the State of Montana, to perform yesterday at about 12:40 p.m. Of course, TESTER, a Senator from the State of the duties of the Chair. once all that time has expired or been Montana. ROBERT C. BYRD, yielded back and the substitute has President pro tempore. been disposed of, cloture on the bill PRAYER Mr. TESTER thereupon assumed the would occur immediately and auto- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. matically. fered the following prayer: f Mr. President, just a couple of com- Let us pray. RESERVATION OF LEADER TIME ments. When we complete the debate Almighty God, You give Your spirit on minimum wage and the bill is com- to all who truly desire Your presence. The ACTING PRESIDENT pro tem- pleted, we move to Iraq, and that is, as Lord, today, strengthen the Members pore. Under the previous order, the we know, a very contentious issue. But of this legislative body. Lord, strength- leadership time is reserved. as the distinguished Republican leader en them not only to see Your ideal but f last night stated, we are trying to ar- to reach it. Strengthen them not only rive at a point where we can have a RECOGNITION OF THE MAJORITY to know the right but to do it. good, strong debate. It will take co- LEADER Strengthen them not only to recognize operation, it will take compromise so their duty but to perform it. Strength- The ACTING PRESIDENT pro tem- we can be in a position to have this de- en them not only to seek Your truth pore. The majority leader is recog- bate so all Senators can voice their but to find it. nized. opinion and, hopefully, we can settle Empower our lawmakers to go be- on a finite number of pieces of legisla- yond guessing to knowing, beyond f tion to vote on. That is my goal, and I doubting to certainty, and beyond re- SCHEDULE solving to doing. Give our Senators the hope we can do that. Certainly the Mr. REID. Mr. President, we will be deep inner peace of knowing that You American people deserve this debate. in a period for the transaction of morn- have heard and answered this prayer (The remarks of Mr. REID pertaining ing business for 60 minutes. The first for power. to the introduction of S. 439 are printed We pray in Your mighty Name. half is under the control of the Repub- in today’s RECORD under ‘‘Statements Amen. licans, the second half under the con- on Introduced Bills and Joint Resolu- trol of Senator WYDEN. Following tions.’’) f morning business, we will resume H.R. Mr. REID. Mr. President, I apologize PLEDGE OF ALLEGIANCE 2, the minimum wage bill. to my friend for taking so much time, The Honorable JON TESTER led the As I indicated in closing yesterday, but sometimes one takes what time is Pledge of Allegiance, as follows: we expect Senator KYL to be here this needed. I pledge allegiance to the Flag of the morning when we resume the bill. I un- f United States of America, and to the Repub- derstand a number of conversations lic for which it stands, one nation under God, have taken place among Senators BAU- RECOGNITION OF THE MINORITY indivisible, with liberty and justice for all. CUS, GRASSLEY, KYL, and KENNEDY re- LEADER f garding these amendments. It is antici- The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING pated once we are back on the bill pore. The Republican leader is recog- PRESIDENT PRO TEMPORE there will be debate with respect to one nized. or more of the Kyl amendments and f The PRESIDING OFFICER. The that a vote in relation to an amend- clerk will please read a communication ment could occur sometime around IRAQ DEBATE to the Senate from the President pro noon today. Mr. MCCONNELL. Mr. President, tempore (Mr. BYRD). Once we have completed action on all with regard to today’s schedule, we The bill clerk read the following let- the amendments, then it is my hope will be working, as the majority leader ter: that we can yield back all the time indicated, on the timing of the Kyl U.S. SENATE, postcloture and then dispose of the amendments. These are important PRESIDENT PRO TEMPORE, substitute amendment. If we have to amendments which we are going to Washington, DC, January 31, 2007. To the Senate: run the full 30 hours on the substitute, want to have considered in a timely Under the provisions of rule I, paragraph 3, I think I am correct in stating that the fashion. Senator KYL will need to be of the Standing Rules of the Senate, I hereby 30 hours would expire at about 6:40 this able to debate those amendments. We

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

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The ACTING PRESIDENT pro tem- his WMD programs. Do we allow the President the ability pore. The majority leader. Seventy-seven Senators voted to give to adjust those troop numbers in an ef- Mr. REID. One final point, Mr. Presi- President Bush the authority to act. fort to bring security to Baghdad and dent. We should understand, all of us, With the clear authority from Con- al Anbar Province? that we may have to have a vote or gress to undertake military operations From what I see, the President has some votes on Monday. Everyone against Saddam Hussein, President the only plan on the table that doesn’t should understand that. And if we have Bush tried long and hard to seek a ensure defeat. It may not be a perfect to have votes on Monday, they could peaceful resolution. Saddam Hussein plan, and it may need to be adjusted in occur earlier rather than later. So ev- could not be reasoned with. the near term, but it is certainly a eryone should understand there may be Following 9/11 and in an age of nu- change from what we’ve been doing so Monday votes. We hope not. As I told clear bombs and other weapons of mass far. the distinguished Republican leader destruction, we could no longer afford One particular area that I believe and as we have announced on a number to sit by and wait on those wanting to needs improvement is our reconstruc- of occasions, we had our retreat, and do us harm to land the first punch. tion effort. the Republicans certainly cooperated We could not wait until we were at- According to the Congressional Re- with us, and we are going to cooperate tacked before acting. Calls for the search Service the United States has with them. These retreats are ex- President to act in order to protect spent over $35.6 billion on reconstruc- tremely important to this body. They America were loud and clear. And the tion efforts. allow us to enhance the political par- President did act. We have to stop squandering our re- In doing so, Saddam Hussein’s regime ties within this great Senate and focus sources on reconstruction projects in was eliminated and some 28 million on what is good for the country. We Iraq that fail to deliver basic security Iraqis were freed from a living hell on have done that, and the Republicans and critical infrastructure. Earth. are going to do that the day after to- A recent article in the Journal of Watching the Iraqis struggle since morrow, and I think that is important. Intervention and Statebuilding talked then to establish their own democracy We will certainly have no votes on Fri- of the need to abandon a scattergun ap- day. has not been a pretty sight. With the luxury of hindsight, it’s no proach to reconstruction which focuses f secret that serious mistakes were on winning hearts and minds and re- MORNING BUSINESS made; too few troops; de-baathification sults in many nonessential projects The ACTING PRESIDENT pro tem- of the Iraqi government and; failure of being started but not completed. pore. Under the previous order, there Federal Departments other than De- I believe that we need to have what will be a period for the transaction of fense to be fully engaged in this effort, the author called a triage approach to morning business for up to 60 minutes to name a few. reconstruction. The military calls it with each Senator permitted to speak We need to face the fact that we are SWEAT: sewage, water, electricity and for up to 10 minutes with the first half in Iraq. We need to ask ourselves what trash. of the time under the control of the mi- do we do now. Let’s focus on getting these essential nority and the second half of the time Do we pack up and leave, even services operating at the level they under the control of the Senator from though every voice of reason tells us were before we invaded Iraq. This approach will undoubtedly make our Oregon, Mr. WYDEN. that Iraq would implode into a ter- The Senator from Nevada is recog- rorist state used by al-Qaida as a military effort easier. nized. launching pad against the ‘‘infidels’’; Our efforts to improve fundamental Mr. ENSIGN. Mr. President, I rise reminiscent of Afghanistan under the services up to this point have not re- this morning to discuss the Iraqi situa- Taliban? ceived the focus and attention they de- tion. Not the shootings and explosions As Senator MCCAIN has reminded us serve. we see in the streets of Baghdad and in time and again, Iraq is not Vietnam. We have fallen short in the area of al Anbar Province, but the struggle When we left South Vietnam, the Viet electricity production. Before we in- were currently engaged in right here in Cong did not pursue us back to our vaded Iraq, electric power was 95,600 the Senate. shores. . . megawatt hours; now, it is close to This latter battle is arguably more Al-Qaida is not the Viet Cong. Al- 90,000 megawatt hours. The goal was important to our long-term national Qaida has sworn to destroy us and is originally 120,000 megawatt hours. security than any other issue we face committed to bringing their brand of In Baghdad, Iraqis receive about today. terror to America. three fewer hours of electricity than While everyone remembers the trag- This fact was evidenced recently dur- before the war. Outside of Baghdad edy of 9/11, the pain and anguish experi- ing testimony by Lieutenant General they do receive more, but we know enced by Americans that day appears Maples, head of the Defense Intel- most of the problems are in Baghdad. to have faded over time for an ever in- ligence Agency. CRS notes that of 425 projects planned creasing number of our citizens. He testified that documents captured in the electricity sector, only 300 will For me, it remains as vivid and as by coalition forces during a raid of a be completed. gut wrenching today as it was that safe house believed to house Iraqi We have done somewhat better in as- September morning more than 5 years members of al-Qaida 6 months ago resistance with water and sanitation. ago. vealed al-Qaida was planning terrorist We have provided clean water to 4.6 It seems too easy these days to point operations in the U.S. Anyone willing million more people and sanitation to fingers of blame at one another for our to go to Iraq to fight Americans is 5.1 million more than before the war. current situation in Iraq. probably willing to travel to America. But besides water, sanitation, and

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How do we move for- Those would be things such as the curity and maintain infrastructure. ward in Iraq for the good of the coun- Iraqis continuing to take clear, strong According to CRS, oil and gas produc- try, for our security, and for stability action against all who promote vio- tion has remained stagnant and below in the Middle East? lence, whether they are Sunni or Shia pre-war levels for some time. Second, what being responsible or anyone else; things such as an oil The pre-war level of oil production means is taking to the Senate floor to revenue law that must be passed in the was 2.5 million barrels per day; it cur- impact policy, to take action but not very near term; things such as major rently stands at 2.0 million barrels per simply to offer words that have no im- reform of the debaathification process, day. pact in the real world but only serve to which has stirred up enormous sec- That is far below the 3.0 million bar- undercut the morale and focus of our tarian conflict and hatred, particularly rels per day we were told Iraq was ex- troops and to embolden the enemy. from the Shia and Sunnis. pected to reach by end of 2004. Accord- Some resolutions, which are mere Third, I have been very clear in saying to the Special Inspector General for words—they don’t constrain any activ- ing over and over and over that we Iraq Reconstruction, besides the de- ity of the President or of our troops— must constantly reexamine these new struction caused by the insurgents, I think have that unintended result. troop numbers to make sure they can poor infrastructure, corruption, and They do not limit troops, they do not have a meaningful impact on the difficulty maintaining and operating limit troop numbers, but they sure as ground in the short term. I am for try- U.S.-funded projects are challenges heck destroy morale. They certainly ing this as a final attempt, but I am faced by the industry. embolden the enemy. Don’t believe me not for throwing too little too late at We are at a pivotal point in this Na- about that judgment. Turn to very re- the effort. tion’s history. spected military leaders, including I respect the judgment of military We face an enemy unlike anything GEN David Petraeus, who said that di- leaders such as GEN David Petraeus. I ever witnessed before. We cannot wash rectly, frankly, in his testimony before take them at their word, and I respect our hands of the responsibility incum- Senate committees. their judgment that this additional bent upon us as the leader of the free I have been guided by that responsi- 21,500, coupled with redeployment and world. bility, to face the issues squarely, to be reemphasis of troops already in the- It is time to join together, forgetting responsible, to be for some plan—not ater, is enough, but I think we have to whether we are Republicans, whether necessarily the President’s but some constantly examine that to make sure we are Democrats, remembering we are real, detailed plan; to take action on we don’t make the mistake we have Americans. It is time to come together the Senate floor and not float words made in the past, which is under- behind our men and women in uniform, which can have negative consequences estimating troop need. figure out what the best strategies are, for our troops and also embolden the There has been a lot of discussion and move forward together. It used to enemy. about the Iraq Study Group report, for be said that partisanship stopped at After a lot of thought and in that good reason. A lot of leading citizens our shore’s edge. We need to go back to context and after a lot of careful study, contributed very thoughtful analysis that spirit of being Americans. We can- including many hearings before the to that report. But I think far too not afford to fail in this effort. Senate Foreign Relations Committee much of that discussion has unfairly I yield the floor. on which I sit, I have decided to sup- portrayed the President’s plan and dif- The ACTING PRESIDENT pro tem- port the President’s plan as a reason- ferent versions of it, like what I am pore. The Senator from Louisiana. able attempt to move forward—indeed, talking about, as in stark contrast to Mr. VITTER. Mr. President, I, too, as a final attempt to stabilize the situ- the Iraq Study Group report. In fact, I rise today on the Senate floor to dis- ation. But I have also decided to do it don’t believe that to be the case at all. cuss the very serious issue of Iraq and in the context of three very strong rec- It is not exactly the Iraq Study Group how we move forward there to eventu- ommendations which I have made report. It is different, but it has enor- ally get our troops home. I have been many times directly to the President mous areas of overlap. in the Senate 2 years. Before that, I and to other key advisers, such as Sec- With regard to political solutions was in the House for 5 years. That is a retary of State Condoleezza Rice, such that have to happen lead by Iraqis on relatively short amount of time, but I as the President’s National Security the ground in Iraq, there is enormous daresay I believe, as do many of my Adviser, Steve Hadley, and others. agreement between what I am sup- colleagues who have been here 20 or 30 Those three strong, clear recommenda- porting, what the President is describ- years, this truly is one of the most im- tions are as follows: ing, and the Iraq Study Group report. portant issues we will ever debate and No. 1, I do believe, with the Iraq With regard to a diplomatic initiative, have an impact on. In fact, even for a Study Group and others, we need to put there is enormous overlap between career that long, it may be the single even more emphasis on a diplomatic ef- what I am pushing in terms of a re- most important issue we will debate fort and, in my opinion, that should be gional diplomatic conference involving and have an impact on. to encourage and embrace and partici- all of Iraq’s neighbors and what the I hope all of us take that to heart. pate in a regional diplomatic con- Iraq Study Group discusses. Yes, they Don’t say it as a truism but understand ference that involves all of Iraq’s seem to favor direct bilateral talks what that means and what it demands neighbors, including Iran and Syria. with countries such as Iran and Syria. of us. What it demands of us is that we This would be very different from di- I do not and the President does not. act responsibly and whatever our feel- rect bilateral talks with either Iran or But there is still enormous overlap and ings and point of view, we put them Syria. With regard to that push, I dis- agreement on things we can do very forward in a responsible way for the agree with that, including, to some ex- proactively and aggressively on the good of America. tent, the Iraq Study Group. But I do diplomatic front. What do I mean by that? I primarily think a regional conference focussed Even on the military component mean two things. First of all, each of specifically and exclusively on stabi- there is great overlap and significant us as Senators has the right to oppose lizing Iraq, promoting democracy in agreement. In that regard I would sim- a plan, including the President’s plan. I Iraq, would be very positive. ply point to one very important pas- will be the first to say that. I will be No. 2, I agree with many that we can sage on page 73 which states clearly, the first to defend my colleagues’ right be even stronger, clearer, firmer about discussing military troop levels and to oppose any plan, including the benchmarks for the Iraqi Government numbers: President’s plan. But along with that and consequences if the Iraqi Govern- We could, however, support a short-term right comes responsibility, and each of ment does not meet those benchmarks. redeployment or surge of American combat us also has a responsibility to be for a President Bush has talked a lot about forces to stabilize Baghdad or to speed up the plan to move forward in Iraq. It does what are clear benchmarks, but I have training and equipping mission if the U.S.

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In that probably the biggest catastrophe— actly that, which is why it is signifi- blog, Mark specifically explained why human catastrophe as well as political cant in the President’s plan. he joined, and this is what he wrote: catastrophe—in the Middle East that is So I urge all of my colleagues to give Why I joined: This question has been asked going to occur. We have to discuss the this issue serious thought, to be re- of me so many times in so many different real implications of that choice. sponsible, to advocate whatever is in contexts that I thought it would be best if I I oppose this resolution because it their heart and in their mind but to do wrote my reasons for joining the Army on does not support our mission, it does it responsibly. Support some plan, and my page for all to see. First, the more accu- not support success, and it makes the do not throw out mere words that have rate question is why I volunteered to go to decision for defeat. Real leaders would Iraq. After all, I joined the Army a week no concrete effect except undermining come up with a plan of action that after we declared war on Saddam’s govern- they follow through on. And whether our troops and emboldening the enemy. ment with the intention of going to Iraq. Mr. President, I yield the floor. Now, after years of training and preparation, we agree with the President or not, he The ACTING PRESIDENT pro tem- I am finally here. Much has changed in the has put a plan on the table and he in- pore. The Senator from Texas is recog- last three years. The criminal Baath regime tends to follow through on it with all nized. has been replaced by an insurgency fueled by the advice he can get from his military Mr. CORNYN. Mr. President, could Iraq’s neighbors who hope to partition Iraq people. Our role is not just to criticize you advise me how much time our side for their own ends. This is coupled with the that, but if we don’t agree, it is to ever-present transnational militant Islamist come up with another plan, propose it, has remaining in morning business? movement which has seized upon Iraq as the The ACTING PRESIDENT pro tem- and our responsibility is to sell it to greatest way to kill Americans, along with the American people—not just to criti- pore. Ten minutes forty seconds. anyone else who happens to be standing Mr. CORNYN. If there is 10 minutes near. What was once a paralyzed state of fear cize, not to come up with resolutions remaining, I would like to take the is now the staging area for one of the largest that don’t mean anything, intended to next 5 minutes and then yield to Sen- transformations of power and ideology the embarrass the President. But what it Middle East has experienced since the col- really does is deteriorate the morale of ator DEMINT for the remaining 5 minutes, if the Chair would please advise. lapse of the Ottoman Empire. our troops. I know we are frustrated with this The ACTING PRESIDENT pro tem- I would say in closing that we can’t war, and the fear of failure is all pore. Without objection, it is so or- claim to support the troops and not around us. But we cannot digress into dered. support their mission. If we don’t support the mission, we should not pass being critics in this body. Our job is to f nonbinding resolutions. We should do lead. IRAQ everything within our power to stop it. I want to conclude this morning with some comments from the soldiers. I Mr. CORNYN. Mr. President, I appre- I do believe that we should support know other Senators have called par- ciate the comments we have heard this that mission. I do believe we should ents who have soldier sons and daugh- morning from the distinguished Sen- support our troops. That is why I believe we should send them the message ters who have been killed. I have not ator from Nevada and the distinguished had one who told me to get out of Iraq. Senator from Louisiana, and I couldn’t that, yes, we believe you can succeed, and it is important to our national se- I have had a lot of them tell me: Win. agree more with the comments they That is how to honor the sacrifice is to have made. I would like to add some, curity that you do. I yield the floor. win. perhaps, even more eloquent words— SPC Peter Manna: and rest assured they are not mine—to The ACTING PRESIDENT pro tempore. The Senator from South Carolina If they don’t think we’re doing a good job, this debate because I think it helps us everything we have done here is all in vain. is recognized. understand in a way that we might not We have a number of these, but I otherwise understand what is at stake Mr. DEMINT. I thank the Senator from Texas, and I would like to add my don’t have time to read them all. and what the people who are most di- SGT Manuel Sahagun said: rectly impacted believe is at stake in comments to his. We are certainly discussing probably one of the most dead- One thing I don’t like is when people back the war on terror, particularly the con- home say they support the troops but they flict in Iraq. ly serious issues that I have been a don’t support the war. If they’re going to I first want to quote the words of Roy part of since being in the Congress. I support us, support us all the way. Velez. Roy is from Lubbock, TX, and must start by expressing my respect Americans are not against this war; has lost two sons—one in Iraq and one for the Senators who are proposing this they are against losing. They need to in Afghanistan. Recently, Roy Velez resolution. I know their intent is good. know we can win it. said: They have heartfelt concerns about General Petraeus, the best general It is not about President Bush. It is not what we are doing. that we have, whom we have just ap- about being a Democrat or a Republican. It But what I would like to do is remind proved, confirmed in the Senate, has is about standing behind a country that we all of us that our role is a role of being told us that we can succeed with the love so much. I know it has cost us a lot in leaders, not just being critics. As elect- President’s plan. This is our last best lives, including my two sons, and it has ed officials, we know what it is like to hope to leave Iraq as a free democracy taken a toll on America. But we can’t walk have critics second-guess all the deci- and to help stabilize the Middle East. away from this war until we’re finished. sions we make, but our job as Senators The other choice is defeat and disgrace. I don’t know anyone who has earned is to be leaders; and to be leaders, we Mr. President, I call on all of my the right to speak so directly to what have to make good decisions. If we Senate colleagues not to support this is at stake, the sacrifices that have make good decisions, we have to know resolution and to act as leaders: to put been made, and the consequences of our what our real choices are. I am afraid forward a plan or support the one that leaving Iraq before it is stabilized and those who are proposing this resolution the President has put forward. able to govern and defend itself. are not considering the real choices be- I yield the floor and reserve the re- Then there is also the story of 2LT cause we can keep the status quo, we mainder of the time. Mark J. Daily. Lieutenant Daily was 23 can withdraw and be defeated, or we Mr. WYDEN. Mr. President, par- years old from Irvine, CA. He was with can continue until we win and accom- liamentary inquiry: I believe I have the 4th Brigade Combat Team, 1st Cav- plish our goals in Iraq. time reserved at this point. I was going alry Division out of Fort Bliss, TX. This resolution is a resolution of de- to speak for a little over 20 minutes or Lieutenant Daily was killed on Janu- feat and disgrace. There is no other so. I would like to inquire through the ary 15 when an improvised explosive way it could come out. That is the Chair of my colleagues if they wish to device exploded and ripped through his choice they are making. That is the de- finish their remarks before I go to vehicle, taking his life and those of cision they are making because we mine.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1363 Mr. CORNYN. Mr. President, in re- but for the essentials—our country will pressure, cholesterol, stop smoking, sponse to the distinguished Senator always have a health care system and that sort of thing. Surely Demo- from Oregon, I believe our morning where those who have no coverage have crats and Republicans can join hands business time has expired and we would their costs transferred to people who to do more to promote prevention, and yield back any remaining time so the do have coverage. Every night in Mon- to have incentives for parents, for ex- Senator from Oregon can begin his re- tana, Oregon, and elsewhere in our ample, to get their kids involved in marks. country we have folks in hospital wellness. The ACTING PRESIDENT pro tem- emergency rooms because they have This would not be some kind of na- pore. The Senator from Oregon is rec- not been able to get good outpatient tional nanny program where we have ognized. health care, and the costs for folks in the Federal Government saying, we are Mr. WYDEN. I thank my colleagues hospital emergency rooms who cannot going to watch the chip bowl, but sen- for their courtesy. pay get transferred to people who can sible prevention policies on which f pay. Many health care experts have Democrats and Republicans can agree. theorized that perhaps up to 20 percent It also seems to me that Democrats HEALTH CARE IN AMERICA of the premium paid by people who and Republicans can join hands with Mr. WYDEN. Mr. President, it is not have coverage is because of the costs respect to chronic health care and end breaking news that the American for caring for those without coverage. of life health care. We know in the health care system is broken, even At this point in the debate, Demo- Medicare Program close to 5 percent of though our country has scores of dedi- crats can say that Federal tax rules are the people take about 50 percent of the cated and talented health care pro- inequitable with respect to health care health care dollars because those folks viders. It isn’t breaking news that Con- and we can use private sector choices. need chronic care and because of spend- gress has ducked fixing health care My hope is Republicans will say to fix ing at the end of life. They need com- since 1994. health care we have to have a system passionate health care. We have not What should be breaking news is that that covers everybody. Democrats and thought through policies that can for the first time in decades there is a Republicans can come together to bring both Democrats and Republicans genuine opportunity for Democrats and make that case. together to deal with this area of Republicans to work together to fix There are other areas where we can health care where an enormous amount American health care. find common ground right now between of the money is going. A few days ago in his State of the the political parties on health care. For example, to get Medicare’s hos- Union Address, the President put for- For example, Democrats and Repub- pice benefits, right now seniors have to ward a health care reform proposal licans in the Senate think we ought to choose whether they are going to get that focuses on changing the Federal give a broad berth to the States to in- curative care or hospice care. That Tax Code. Since then, leading Demo- novate in the health care area. Surely makes no sense at all. Why should a cratic and Republican economists have what works in the State of Montana senior have to give up the prospects of joined forces to point out how Federal may not necessarily work in Florida, getting a cure for their particular ill- health care tax rules benefit the most Iowa, or New York. They say, ‘‘Let’s ness in order to get hospice benefit? affluent among us, and subsidize ineffi- give a broad berth to the States to Let’s not pit the hospice benefit ciency as well. show innovative approaches.’’ Particu- against curative care. Let’s have For example, right now under the larly Governor Schwarzenegger and Democrats and Republicans work to- Federal Tax Code, a high-flying CEO Governor Romney deserve a lot of cred- gether in order to make changes that can write off the cost on their Federal it for being willing to lead at the State expand the options available for older taxes of going out and getting a de- level. In my State, folks have some in- people. signer smile while a hard-working gal novative ideas, as well. My guess is The door is open right now. The in a small hardware store in Montana, they do in Montana, elsewhere. We can State of the Union gave new visibility Oregon, or anywhere else in the coun- take steps to promote them. I person- to the health care cause. Democrats, try, gets virtually nothing. ally don’t think the States can do it all such as myself, who serve on the Com- I am of the view that Democrats and because the States cannot solve prob- mittee on Finance, who will say these Republicans should work together to lems they did not create. That is why Federal health care tax rules are in- change this inequity and make sure we need to change the Federal health equitable, can join hands with Repub- that all of our citizens have affordable, care tax rules. Because of the federal licans who will say we need to cover quality, private health care coverage tax rules, the Federal Government is everybody and stop the cost shifting. with private sector choices—the way the big spender in health care. The The door is open right now if Demo- Members of Congress do. States cannot do a lot about that. But crats and Republicans will work to- The Federal Tax Code and its policies surely, as part of the effort to bring gether in a bipartisan basis. have disproportionately rewarded the Democrats and Republicans together, Some people are saying it can’t be affluent. They came about because of we can agree to make changes in the done. They are saying there is too what happened in the 1940s when there Federal health care tax care rules and much polarization on health care and were wage and price controls. These we can agree to get everyone covered. other big issues. Let’s talk about it, policies might have worked for the We can also agree there is a lot of com- once again, when there is a Presi- 1940s, but they are clearly not right 60 mon ground between Democrats and dential campaign. I send a clear mes- years later. Democrats and Repub- Republicans, to give States the oppor- sage on that point, as well. Of course, licans can work together to change the tunity to innovate. this country can put off fixing health Federal tax rules that grease the sys- Democrats and Republicans, as we care once more, as it has done again tem and disproportionally reward the look at the possibility of a coalition, and again for 60 years—going back to most affluent and subsidize ineffi- can join together so we have health Harry Truman in the 81st Congress. It ciency. care rather than sick care. We do not was 1945 when he began to talk about In return for those on the Demo- do a lot to promote wellness and pre- fixing health care. I guess one can cratic side of the aisle supporting a vention in this country. Medicare argue, let’s put it off again and have change in Federal health tax rules and shows that better than anything else. another Presidential campaign where coverage through private sector Medicare Part A will pay checks for people go back and forth on this issue. choices, the President and Republicans thousands and thousands of dollars of However, I submit that whoever the should join with Democrats and inde- hospital expenses. Medicare Part B, on new President is in 2009—and I am very pendent health experts of all political the other hand, the part for outpatient excited about our Democratic can- philosophies who say to fix health care services, hardly does anything to re- didates—no matter who is the new we have to cover everybody for essen- ward prevention and wellness. You can President—should address this issue. tial benefits. What is very clear now on not even get a break on your pre- However if, heaven forbid, there is a health care is if we do not cover every- mium—the Part B premium, they call terrorist attack early in the new Ad- body—and not for Cadillac coverage, it—if you help to hold down your blood ministration, health care would get put

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1364 CONGRESSIONAL RECORD — SENATE January 31, 2007 off once more. Perhaps we would go for wedded to every provision or every part Enzi (for Ensign/Inhofe) amendment No. several more years without talking of it. It is a piece of legislation that 152 (to amendment No. 100), to reduce docu- about health care reform. can bring folks together. When I intro- ment fraud, prevent identity theft, and pre- We have had people working to fix duced it, Andy Stern, the president of serve the integrity of the Social Security system. health care in this country for years the Service Employees International Enzi (for Ensign) amendment No. 153 (to and years, people on both sides of the Union, 1.8 million members, was there, amendment No. 100), to preserve and protect aisle. On our side of the aisle, we have but so was Steve Burd, the CEO of Social Security benefits of American work- Senator KENNEDY. No one has cham- Safeway, with over 200,000 employees. ers, including those making minimum wage, pioned the cause of fixing health care So was Bob Beall, the CEO of a com- and to help ensure greater Congressional for as many years as passionately as pany with 400 people. So was a member oversight of the Social Security system by Senator KENNEDY. Republicans have of the National Federation of Inde- requiring that both Houses of Congress ap- worked very hard for health care re- prove a totalization agreement before the pendent Businesses who was from Or- agreement, giving foreign workers Social Se- form, as well. egon. He spoke for himself, not for the curity benefits, can go into effect. I hope this question of health care re- group. He employs eight people. All of Vitter/Voinovich amendment No. 110 (to form is not somehow deferred once these employers said that the legisla- amendment No. 100), to amend title 44 of the again until 2009. There is a broad con- tion would work for them. United States Code, to provide for the sus- sensus of what needs to be done. I out- Now it is up to us in the Senate. It is pension of fines under certain circumstances lined four or five areas this morning, up to us, with the door open, to get for first-time paperwork violations by small starting with changing the Federal Democrats and Republicans to come business concerns. health care tax rules and making sure DeMint amendment No. 155 (to amendment together. I certainly have not agreed No. 100), to amend the Public Health Service there are good private sector choices with all the details of the President’s Act to provide for cooperative governing of for Americans, getting everyone cov- proposal, but he has given some new individual health insurance coverage offered ered, and emphasizing prevention and visibility to the cause. All sides ought in interstate commerce, and to amend the wellness. That alone would be a good to say, let’s get going, let’s not wait for Internal Revenue Code of 1986 regarding the basis for Democrats and Republicans to another campaign for President to go disposition of unused health benefits in cafe- start in. Clearly, a system that was forward. Let us do our job now. There teria plans and flexible spending arrange- created in the 1940s ought to be mod- is much to work with that can bring ments and the use of health savings accounts ernized in 2007. As I pointed out, the for the payment of health insurance pre- both political parties together to fix miums for high deductible health plans pur- system that came about in the 1940s American health care. chased in the individual market. was a historical accident. There were I will be spending a lot of my waking DeMint amendment No. 156 (to amendment wage and price controls and there was hours on that in the days ahead. I look No. 100), to amend the Internal Revenue Code no way to get health care to working forward to working with both Demo- of 1986 regarding the disposition of unused families other than to say, maybe the crats and Republicans in the Senate to health benefits in cafeteria plans and flexible employers will cover it. get it done. spending arrangements. DeMint amendment No. 157 (to the lan- Today our businesses are up against I yield the floor and suggest the ab- global competitors that have their gov- guage proposed to be stricken by amendment sence of a quorum. No. 100), to increase the Federal minimum ernments pick up their health care bill. The ACTING PRESIDENT pro tem- wage by an amount that is based on applica- The combination of the disadvantage pore. Without objection, it is so or- ble State minimum wages. our businesses face, the huge esca- dered. DeMint amendment No. 159 (to amendment lation of costs, the significant increase The clerk will call the roll. No. 100), to protect individuals from having in chronic illness, and our rapidly The assistant legislative clerk pro- their money involuntarily collected and used for lobbying by a labor organization. aging population means the current ceeded to call the roll. system is not sustainable. It is not sus- DeMint amendment No. 160 (to amendment Mr. KYL. Mr. President, I ask unani- No. 100), to amend the Internal Revenue Code tainable and that is why we need to mous consent that the order for the of 1986 to allow certain small businesses to act. quorum call be rescinded. defer payment of tax. I am so pleased to see the Presiding The PRESIDING OFFICER (Mr. DeMint amendment No. 161 (to amendment Officer in the chair, a new Senator CARDIN). Without objection, it is so or- No. 100), to prohibit the use of flexible sched- from Montana, who has lots of good dered. ules by Federal employees unless such flexi- ideas on health care and has cam- ble schedule benefits are made available to paigned on them. I know he and many f private sector employees not later than 1 on both sides of the aisle want to fix year after the date of enactment of the Fair CONCLUSION OF MORNING Minimum Wage Act of 2007. the system. That is what we got an BUSINESS DeMint amendment No. 162 (to amendment election certificate to do, to work to- The PRESIDING OFFICER. Morning No. 100), to amend the Fair Labor Standards gether on the most important issues, business is closed. Act of 1938 regarding the minimum wage. not put it off for another couple of Kennedy (for Kerry) amendment No. 128 (to years and have another Presidential f amendment No. 100), to direct the Adminis- trator of the Small Business Administration campaign. We need to sort it out right FAIR MINIMUM WAGE ACT OF 2007 now. to establish a pilot program to provide regu- The American people know we ought The PRESIDING OFFICER. Under latory compliance assistance to small busi- the previous order, the Senate will re- ness concerns. to have a new focus, on prevention Martinez amendment No. 105 (to amend- rather than sick care. We can work on sume consideration of H.R. 2, which the ment No. 100), to clarify the house parent ex- that now. The American people know a clerk will report. emption to certain wage and hour require- lot of the States have innovative ap- The assistant legislative clerk read ments. proaches. We can help them build on it. as follows: Sanders amendment No. 201 (to amend- The American people know the tax sys- A bill (H.R. 2) to amend the Fair Labor ment No. 100), to express the sense of the tem in the health care area dispropor- Standards Act of 1938 to provide for an in- Senate concerning poverty. crease in the Federal Minimum Wage. Gregg amendment No. 203 (to amendment tionately favors the most affluent and No. 100), to enable employees to use em- does not give a break to the working Pending: ployee option time. person and it ought to be changed. Reid (for Baucus) amendment No. 100, in Burr amendment No. 195 (to amendment These are the reasons why both sides the nature of a substitute. No. 100), to provide for an exemption to a ought to join hands to do that. McConnell (for Gregg) amendment No. 101 minimum wage increase for certain employ- The time to fix health care is now. (to amendment No. 100), to provide Congress ers who contribute to their employees health There are a variety of proposals that a second look at wasteful spending by estab- benefit expenses. have been put before the Congress. I lishing enhanced rescission authority under Kennedy (for Feinstein) amendment No. fast-track procedures. 167 (to amendment No. 118), to improve agri- have not even mentioned my legisla- Kyl amendment No. 115 (to amendment No. cultural job opportunities, benefits, and se- tion this morning, the Healthy Ameri- 100), to extend through December 31, 2008, the curity for aliens in the United States. cans Act, based on many of the prin- depreciation treatment of leasehold, res- Enzi (for Allard) amendment No. 169 (to ciples I have discussed today. I am not taurant, and retail space improvements. amendment No. 100), to prevent identity

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1365 theft by allowing the sharing of social secu- pensing levels through 2010. That is tisan support. I don’t think there is rity data among government agencies for only a 1-year extension. Amendment any reason now to treat this issue as a immigration enforcement purposes. No. 209 extends it through 2012, which political issue or a partisan issue and Enzi (for Cornyn) amendment No. 135 (to is the same period of time that the to try to put it in competition with the amendment No. 100), to amend the Internal Revenue Code of 1986 to repeal the Federal work opportunity tax credit has been work opportunity tax credit. They can unemployment surtax. extended under the Finance Committee move forward together. Enzi (for Cornyn) amendment No. 138 (to amendment. Section 179 of the Tax That is especially the case because amendment No. 100), to amend the Internal Code, which allows small businesses to section 179, unlike the work oppor- Revenue Code of 1986 to expand workplace elect to deduct all or part of the cost of tunity tax credit, is targeted at small health incentives by equalizing the tax con- certain qualifying property the year businesses. Not only is expensing lim- sequences of employee athletic facility use. that it is placed into service, would ited to $112,000, but current law actu- Sessions (for Kyl) amendment No. 209 (to work through the year 2012 rather than amendment No. 100), to extend through De- ally reduces that amount for property 2010, as under the Finance bill. cember 31, 2012, the increased expensing for that costs over $400,000, which is also small businesses. We know that this immediate expensing has been critical to supporting eco- indexed. Meaning that section 179 is Division I of Sessions (for Kyl) amendment simply not useful to large businesses No. 210 (to amendment No. 100), to provide nomic growth. We, also, know that that are in the business of purchasing for the permanent extension of increasing small businesses account for about 60 expensing for small businesses, the deprecia- percent of the cost that is imposed as a things for far more than $400,000. But tion treatment of leasehold, restaurant, and result of the increase in the minimum we know, in pure dollar terms, the retail space improvements, and the work op- wage that is in the underlying bill. As work opportunity tax credit primarily portunity tax credit. a way to try to help small businesses benefits larger businesses. In fact, tes- Division II of Sessions (for Kyl) amend- timony before the Finance Committee ment No. 210 (to amendment No. 100), to pro- overcome the costs we are imposing on them, we have talked to them. They was that 95 percent of the credits go to vide for the permanent extension of increas- either C or S corporations. Since the ing expensing for small businesses, the de- are pretty unanimous in the view that bulk of the cost of imposing the min- preciation treatment of leasehold, res- the one thing we could do that best taurant, and retail space improvements, and helps them be able to afford this is to imum wage is on small businesses, the work opportunity tax credit. extend the small business expensing since section 179 expensing is the pri- Division III of Sessions (for Kyl) amend- under section 179. mary way we can help small busi- ment No. 210 (to amendment No. 100), to pro- The reason we need to extend it a nesses, and since the value of the work vide for the permanent extension of increas- opportunity tax credit primarily helps ing expensing for small businesses, the de- longer period of time is because of the certainty they need. When they are the bigger businesses, it seems to us preciation treatment of leasehold, res- that the proper balance is to extend taurant, and retail space improvements, and planning on making improvements to the work opportunity tax credit. their business and they know they can both of them through 2012, and section Division IV of Sessions (for Kyl) amend- expense that when they put that im- 179, under our amendment, would be ment No. 210 (to amendment No. 100), to pro- provement in place, in force, then they brought to that point. vide for the permanent extension of increas- will proceed to do what is in the eco- One more word about the investing expensing for small businesses, the de- nomic best interest of their business. ments that small business makes be- preciation treatment of leasehold, restaurant, and retail space improvements, and But if their plans are restrained by the cause this is instructive. According to the work opportunity tax credit. Tax Code, then we are not enabling the National Federation of Independent Division V of Sessions (for Kyl) amend- them to fulfill their fullest potential in Businesses, 63 percent of small business ment No. 210 (to amendment No. 100), to pro- making the business decisions that cre- owners will make capital improve- vide for the permanent extension of increas- ate jobs. The key of this particular pro- ments over any 6-month period, and ing expensing for small businesses, the de- gram is that it is a job creator. That is this could include acquiring new equip- preciation treatment of leasehold, res- why almost all of us would like to see ment, buying new vehicles, new fur- taurant, and retail space improvements, and this extended as far as we can. I don’t niture, expanding existing facilities, the work opportunity tax credit. Durbin amendment No. 221 (to amendment think there is any real dispute about maybe even buying a new facility. No. 157), to change the enactment date. that. As I said, the Kyl amendment to They need to acquire new equipment the Baucus substitute would simply ex- and facilities to expand their busi- The PRESIDING OFFICER. The Sen- tend this increased small business ex- nesses and create jobs. That is the ator from Arizona. pensing through the year 2012, the point of section 179. It enables job cre- AMENDMENT NO. 209 same extension as is given the work op- ation. That is probably the best anti- Mr. KYL. Mr. President, there are at portunity tax credit. dote to the cost imposed by increasing least two—and I believe only two— For the sake of illustration, you can the minimum wage. amendments that will be pending that see that on this chart, the work oppor- As many experts have pointed out, are germane postcloture to be consid- tunity tax credit is extended through one of the fallouts from increasing the ered. The first of those is my amend- the year 2012, and as a result of the Fi- minimum wage is that some smaller ment No. 209. I will speak to that at nance Committee bill into 2013. The businesses simply hire fewer people. this point and then will continue the other expensing provisions or deprecia- Some even reduce the number of hours debate after some other business has tion provisions that were in the Fi- their entry-level workers work or even been conducted. nance Committee bill are only ex- lay people off. The benefit of section Amendment No. 209 to the substitute tended through the end of the first 179 that everyone has recognized is it is an amendment to the Baucus Fi- quarter of next year, except for section enables the small businesses to grow, nance Committee amendment which 179, which currently goes through the to create jobs, and, therefore, the po- has been agreed to by the Senate. I will end of 2009, and the Finance Committee tential downside of increasing the min- describe the background of that bill takes it through 2010. amendment and then the justification What this amendment would do is imum wage is offset, in effect, and for it. take it through 2012, the same period never occurs because the jobs are cre- Under current law, small businesses as the work opportunity tax credit ated by virtue of section 179 and other can expense $100,000 of qualified busi- under the Finance Committee bill. benefits. ness investments in the first year that The chairman of the committee ar- Everybody recognizes that allowing the property is placed into service. Be- gues that the small business tax relief first-year expensing is what makes it cause the level is indexed for inflation, package should be balanced between easier for small businesses to make in- the 2007 expensing limit is $112,000. But the expensing and depreciation provi- vestments. Business income is over- after 2009, the expensing limit drops sions and the work opportunity tax stated because we require businesses to back down to $25,000 a year, clearly an credit. As I noted, that is extended for depreciate investments over a period of insufficient amount. Recognizing this, 5 years, while section 179 is extended time instead of deducting the entire the Baucus Finance Committee amend- for only 1 year. Small business expens- cost all at once. But the business must ment would extend the increased ex- ing has always enjoyed strong bipar- buy an entire machine or building all

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1366 CONGRESSIONAL RECORD — SENATE January 31, 2007 at once, which ties up funds that other- amendment because the Baucus sub- ity leader to request that we vote at wise would be available to earn institute already extends section 179 noontime or so today and get this proc- come. So allowing the immediate ex- small business expensing to 2010. It in- ess moved ahead. But, no, there are pensing of the $112,000 worth of busi- cludes the necessary offsets to cover those on the other side who have a se- ness investment frees up funds that 2010, and our amendment extends that ries of amendments and they have small business owners can use to grow same expensing through 2011 and 2012, them now. The good Senator from their businesses, and those owners are years in which the pay-go scorecard Montana, Senator BAUCUS, will respond likely to reinvest the money back into has more than sufficient allocation to to the issue which is at hand. their business because they are entre- cover any revenue that Joint Tax I want to reiterate once again that preneurs. This increased business in- projects will not be collected in those this is not an omnibus tax bill. This vestment benefits the entire economy. years. legislation is long overdue. It is not an It is the job creator. I think all of the ends are tied up opportunity for Members to present Small business represents 99.7 per- here. This is something that most of us their tax cut wish list. It is Congress’ cent of all employers. It employs over would like to see done. It would help opportunity to finally right the wrong half the private sector employees. They the small businesses that will bear the of denying millions of hard-working pay 44.3 percent of the total U.S. pri- brunt of the expected passage of the minimum wage workers a raise for 10 vate payroll. This is a very big factor minimum wage increase. We have a years. in our economy. Small businesses gen- way to extend the most useful of the Since the minimum wage was last in- erate 60 to 80 percent of the net new tax deductions, this expensing for creased 10 years ago, we passed $276 bil- jobs, according to statistics over the small business, through 2012. That does lion in corporate tax breaks. In addi- last decade, and create more than 50 not require any new permanent in- tion, Congress has cut taxes for indi- percent of nonfarm private gross do- creases in taxes to offset the cost. It viduals by more than a trillion dollars, mestic income. Extending the in- seems to me that this is very wise pub- with most of the benefits going to the creased limits through 2012 will provide lic policy. It doesn’t have to be par- wealthiest taxpayers. Unfortunately, greater stability for these small busi- tisan. It would be good policy for us to for some of our Republican colleagues, ness owners. The best answer is to ac- extend this. there are never enough tax breaks, and tually make the increases permanent, I urge my colleagues, when we have they have filed more than 25 amend- but that is not what this amendment an opportunity to vote on this amendments proposing new or expanded tax does. It extends it to the same period of ment, to support it, or if there is a mo- cuts to the minimum wage bill. Many time that the work opportunity tax tion to table it, to vote against the mo- of them would cost billions of dollars credit is. tion to table. and most are not paid for. Most people would recognize that I yield the floor. So we know our friends on the other this is wise, that it is good policy, and The PRESIDING OFFICER. The Sen- side are attempting to hold the min- that my amendment, therefore, takes ator from Montana. imum wage increase hostage for more us a substantial step in the right direc- Mr. BAUCUS. Mr. President, I under- tax cuts. I believe that is a shameless tion. stand the Senator from Massachusetts strategy. As has been pointed out, the The question before was whether the seeks recognition. I yield to him what- Kyl amendment is one of the most ex- budget would require that there be a ever time he would like to take. pensive of all tax cut proposals. The separate so-called pay-for, a permanent The PRESIDING OFFICER. The Sen- entire amendment would cost more tax increase that would offset the cost ator from Massachusetts is recognized. than $45 billion over the next 10 years. of this temporary tax extension. There Mr. KENNEDY. Mr. President, I Not a single dollar is paid for. It is $45 have been various types of pay-go since thank my friend and colleague, Sen- billion the American people cannot af- the statutory pay-go was enacted in ator BAUCUS. As we get to the opening ford, and it should be rejected. I know 1990. The point of order was enacted in of this debate, I wish to provide a little we will hear from Senator BAUCUS as 1993. Statutory pay-go, which expired sense about where we are on the in- he addresses this issue. in 2002, was enforced by OMB, but Con- crease in the minimum wage. Most of We have debated over the period of gress always enacted legislation to those who watched the debate yester- the last few days tax breaks for cor- avert it. But contrary to popular belief, day saw that we had an overwhelming porate America. Over the last 10 years, the Senate has a pay-go rule in effect majority of Members who voted effec- we have seen $276 billion in tax breaks right now. It was first created in 2003. tively for cloture. Usually, that means for corporations and $36 billion in tax The current pay-go rule provides a 60- the end of debate is in sight. But be- benefits to small businesses. We have vote point of order against any new cause of various procedural situations increased the minimum wage nine mandatory spending or new tax cuts we are facing, now we know we are times. There has only been one time we that exceed specified levels. This is going to have another vote required on have ever added tax benefits. The called the pay-go scorecard. Those lev- cloture. This debate probably will roll House of Representatives, with the els are set in the budget resolution, on into the very end of the week. There vote of 82 Republicans, passed a clean and the current scorecard set in the is no reason we can’t dispose of the bill. That is what we should be about 2006 budget resolution, which was the amendments rapidly. There are impor- doing here. That is not where we are. last budget agreed to by the House and tant responses that should be made, A final point I will make is that it Senate and the one applicable here, and then we can get about the business came to my attention over the evening currently allows no unoffset tax cuts of finding ways where we can bring the that many of the spouses of our service or mandatory spending from 2006 to House and Senate bills to accommoda- men and women in Iraq are working for 2010. But it does allow up to $268 billion tion and get the increase in the min- low wages. In looking over the numbers in offset tax cuts or mandatory spend- imum wage to those who are hard of spouses of service men and women in ing from 2011 to 2015, without trig- working and are entitled to this in- Iraq, there are 50,000 who will benefit gering a point of order. There is no crease. from an increase in the minimum point of order against this amendment This is our eighth day of debate on wage. Imagine that, 50,000 members of because of the current scorecard and this issue. We have had 16 days of de- the military force and their families the way this amendment would work. bate, outside of these last 8, so we’re up will benefit from an increase in the The problem with any version of pay- to 24 days where we have debated the minimum wage. That is not a point to go is that the CBO assumes all entitle- minimum wage on the floor of the Sen- dismiss lightly. ment programs live forever, regardless ate without getting an increase, 24 I think we ought to get about the of whether a program must be reau- days we have debated, an issue as sim- business of doing something for those thorized. But tax cuts that must be re- ple as going from $5.15 to $7.25 an hour families and spouses. It is difficult for authorized are not included in the should not take all that period of time. me to believe we have that number, but baseline. Pay-go does not apply to ap- We know that here on the Democratic that is the figure—50,000 working be- propriations. So that is why there is no side we are prepared to vote now, tween $5.15 and $7.25 an hour, so they pay-go point of order against this today. I am sure we can get the major- would directly benefit from the raise to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1367 $7.25. These are spouses of our military compliment my good friend from Mas- can get that accomplished in the early forces, and we are debating another $45 sachusetts. afternoon so we can move on to the billion in tax cuts. This is supposed to Mr. President, for the information of next Kyl amendment and debate that be a debate about an increase in the Senators, we are wondering what in the and vote on that amendment as quick- minimum wage that hasn’t been raised world is going on here. Let me share ly as possible. I hope there are no more for 10 years. All it will do is restore the some thoughts on the schedule. We are amendments. We are getting close. We purchasing power of those on the lower seeking to arrange votes on two all want to get a minimum wage bill rung of the economic ladder. It seems amendments by my colleague from Ari- passed, which is so important to so to me this continued delay is uncon- zona, Senator KYL. We on our side of many people in our country. I think we scionable. the aisle are ready to vote. We want to ought to take the responsible action Some have said it is necessary be- vote. It appears, though, that there are and dispose of these tax amendments cause our good friends on the other some objections on the other side of that are not paid for and reject them side are not prepared to get started on the aisle. I hope we can vote in the and get on to final passage on min- the debate on Iraq. There have been a early afternoon. The objections, I un- imum wage, which I hope will be to- lot of excuses and we hear all of them. derstand, are conflicts that Senators morrow. But what has to be recognized is the in- have in the next couple of hours. I hope The PRESIDING OFFICER. The Sen- crease in the minimum wage to $7.25 is we can have at least one vote in the ator from Iowa is recognized. going to benefit more than 6 million early afternoon. Probably after that, Mr. GRASSLEY. Mr. President, pre- children. More than one million more we will have another vote in relation vious to Senator BAUCUS speaking, we children have fallen into poverty in the to another Kyl amendment, and we are heard my friend from Massachusetts last 5 years. Six million children who hoping those rollcall votes will be all harangue about minimum wage not live in homes where there will be an in- that are left. being considered for the last 10 years crease will benefit, with all of the im- An agreement is not entered into and that it is about time we get the job plications that has in terms of nutri- yet—we are working on it—but it is my done. I am going to be one of those to tion, education, health care, and also hope we will have an early vote this vote yes to get the job done, to in- in terms of the joy families can have afternoon and that then there is one crease the minimum wage. But I think when they get at least some small re- more vote after that, on another Kyl it is legitimate to ask a couple of ques- lief. These are hard-working people amendment. That should help us to tions. One, there was a period of time who are trying to provide for them- reach a conclusion on this bill, al- during that 10 years that Senator KEN- selves and their families and trying to though I suspect a final vote will not NEDY’s party was in the majority and make a difference in the community. be until tomorrow. That is the state of controlled the Senate. I don’t recall They are men and women of great dig- play right now. them bringing up the minimum wage nity. A couple words on the substance of issue at that particular time. If it was We ought to be getting to a final vote the amendment offered by the Senator so important that it be done before this on increasing the minimum wage, and from Arizona, Senator KYL. This is period of time has elapsed, I would we ought to get about it now. If there only one of seven amendments he has have thought they would be voicing is going to be additional debate on offered. Like six of those seven, this concern about raising the minimum taxes and other things, let’s do it at one is not offset. We have already wage as much and have a responsibility another time. Let’s not hold hostage— voted on one amendment by the Sen- to do it when they were in the major- which is what’s being done here—an in- ator from Arizona. The remaining are ity, as it is now; and we are accused be- crease in the minimum wage for addi- not offset, and they would explode the cause we want to amend some tax pro- tional tax breaks. Let’s not do that. budget deficit. The earlier amendment visions to it, which are very directly Let’s say we have sufficient respect was soundly defeated on previous roll- related to some of the negative im- and admiration for these men and call vote. It was offset by cutting edu- pacts of increasing the minimum wage women of dignity. They are primarily cation benefits for families who work on small business, and it is a very le- women in our society—and many of in education institutions. That was de- gitimate point to bring up. these women who have children. For feated. The second point I will bring up to all these who are working hard at the The amendment offered by the Sen- the Senator from Massachusetts is, minimum wage, let’s say we have suffi- ator from Arizona now is similar to the when he talks about adding tax provi- cient respect for them so we are not one we have defeated. He would like to sions to the minimum wage, has he for- going to hold them hostage to get tax extend the section 179 expensing provi- gotten that during the signing cere- breaks after tax breaks after tax sion in the law. We are doing that in mony of the last increase in the min- breaks after tax breaks. These men and the bill. The bill increases the length of imum wage bill by President Clinton women are entitled to a Senate deci- time in which the section 179 expense Senator KENNEDY was praised for sion. We on our side are prepared to provision would be in law. We would bringing a bill to the President that vote on it now; the sooner the better. enable that extension to occur until had tax provisions that were very bene- I am grateful to my colleague and 2010. My Lord, this is 2007. That is not ficial to small business and also other friend from Montana for permitting me a permanent extension, but it is still, provisions that were very beneficial to to say these words. I thank him very given the constraints we have, a rea- minimum wage workers by increasing much for the courtesy. sonable extension. Everybody likes cer- the minimum wage? The PRESIDING OFFICER. The Sen- tainty. We would like a little more cer- I read from President Clinton’s state- ator from Montana is recognized. tainty in the Senate than we have. But ment last week during the debate. I Mr. BAUCUS. Mr. President, I tip my it is still, I think, certainly already in know Senator KENNEDY heard me say hat to my good friend from Massachu- the law and it is not good policy to that. And yet it seems like it went in setts. He is such a fighter and he is so adopt the amendment of the Senator one ear and out the other because here correct in the statements he is making from Arizona which would extend it for he is saying it is wrong now, that when on behalf of the people who need this a couple more years but cost about $2 we are increasing the minimum wage, increase in the minimum wage. billion, which would be totally unpaid we have a small business tax provision It is unconscionable that the Senate for. If there is one thing the American included with the minimum wage in- is delaying that increase. The House people want, it is for us to live within crease. passed an increase. We have the same our means and not increase the deficit It makes me wonder if there is a dou- goal line, but we have a more circui- but to try to reduce the deficit. This ble standard: It is okay to have tax tous route in getting there. The Senate amendment increases the deficit. We bills connected with a minimum wage is taking so much time in our way to have voted on a similar amendment increase when there is a Democratic get to the same goal line and raise the and it has been rejected. I hope the President, but when there is a Repub- minimum wage. The Senator from Mas- same is true here. lican President, it is not okay. I don’t sachusetts is pricking our conscience At the appropriate time, I will move think we ought to have those sort of to get this done quickly—now. I deeply to table the amendment, and I hope we double standards. I think if it is okay

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1368 CONGRESSIONAL RECORD — SENATE January 31, 2007 in the case of a Democratic President, bill, except to make sure that the im- people for the workforce. But do we it ought to be okay in the case of a Re- pact of the minimum wage increase on ever stop to think of something that publican President. small business is going to be considered doesn’t cost the taxpayers one penny? Plus, I could raise the issue that if it the same way it was in the previous ad- And that is that vocational education is legitimate to have tax changes to ministration. goes along with a young person getting benefit small business at the same I am very happy that yesterday clo- the first job that they have ever had so time we are having increases in the ture was invoked on the Baucus sub- that they learn to get up in the morn- minimum wage, this tax package is stitute amendment, and it contains ing, go to work, and be part of the very meager compared to the one that these two very important components workforce. was in the bill that President Clinton about which I have already talked. For If you are not in the workforce, you signed. At that time, I believe, there summary, in case people are now begin- are never going to work your way up was about $20 billion worth of small ning to pay attention to this debate the economic ladder. So getting in the business tax changes to benefit depre- after 1 week in the Senate, the first workforce, learning the rules of the ciation and other things that can offset component proposed an increase in the workforce, treating people right, tak- the detrimental impact on a minimum minimum wage. ing orders, being a productive citizen is wage increase on small business. You can make all sorts of arguments very important vocational education. We all know there is no detrimental why maybe the minimum wage should So if we are creating some unemploy- impact on larger businesses that can not be increased. Economists can make ment, particularly among minority pass along the cost. But for smaller that argument about some increase in young people, because of a decision we businesses that can’t, for struggling unemployment. Some people would say are making, a political decision we are small businesses, in particular mom you should never have passed the min- making, we ought to at least take that and pops, it has to be something we imum wage in the first place in 1938. into consideration. But for two decades take into consideration not only for But forget those economic arguments. now we have considered that there is the benefit of the smaller business but It is a political decision that we have some negative impact. also for the benefit of the workers who had a minimum wage for the last 70 There is not going to be a one-for-one work for that small business that years, and it has to be a political con- correlation between changes we make maybe will be more underemployed or sideration that it ought to be increased in depreciation schedules for small unemployed because maybe the small from time to time or you shouldn’t business that is going to guarantee Joe business can’t afford to keep the same have it. Blow or Mary Smith, teenagers work- number of workers as when the min- So let’s get over that argument, as ing for a mom-and-pop grocery store, imum wage was lower. So all of these legitimate as the economic arguments that they are going to be able to keep things seem to me to be legitimately might be. They are going to be put their jobs. But it is some relief across the board that is going to benefit small tied together. aside because we are not going to But in the case of a $20 billion tax eliminate the minimum wage. It is a business, and there may be less unem- package 10 years ago, compared to an part of the safety net of American soci- ployment of teenagers, less unemployment of minority teenagers so that $8 billion tax package in this bill, and ety. It is part of the fabric of our soci- they can get in the world of work and considering inflation over the last 10 ety, just as Medicare, Medicaid, and work themselves up the economic lad- years, there isn’t a single person listen- Social Security. You can all argue der. So the Baucus substitute is before ing to this debate who doesn’t know about whether seven decades ago some us and will pass this body. that when there are complaints about of these decisions should have been Despite serious policy concerns about connecting together a tax bill with a made by Congress. But after a period of the efforts to raise the minimum wage, minimum wage increase, compared to time, you accept it as a fact of life; we all know that public support for in- the last time this was done in the Clin- they are part of the social fabric of creasing the minimum wage remains ton administration, this tax package is America, and move on. It is a question strong. And who can argue with that? peanuts compared to what we did for now of how much. Ten years? So there is a rationale for small business then—peanuts. Yet we That decision has even been an- raising it. It is pretty hard to convince are having this harangue about it, that swered—$2.10. It is about the same de- anybody that as long as Congress is somehow this debate is not legitimate. cision that is being answered in several setting a minimum wage, it shouldn’t Well, if it was legitimate in the Clin- State legislatures around the Nation, be adjusted from time to time. So it is ton administration, why isn’t this de- including my own State of Iowa, which quite obvious. That is why we are here bate legitimate now, particularly con- now has made a decision that it ought for that debate. So the political reality sidering the great lengths to which to be $2.10, albeit triggered a little is that a majority of Senators support President Clinton went to compliment quicker than is going to be done under a minimum wage increase, not based Senator KENNEDY for delivering a bill this bill. So we move ahead and that is upon being trustees of the American to President Clinton that had provi- taken care of. people but based on the proposition of sions benefiting small business, as well The second component is not seven being representatives of the American as benefiting the minimum wage work- decades old, as I indicated. The Baucus people. And that message is coming er? substitute connects these efforts to as- very clearly from the grassroots. We are going to get a bill passed. I sist small business with some changes As predicted, the cloture vote last don’t know who is complaining. What in the tax law to benefit them. It has week showed there are not 60 votes for is coming up when we get done? Well, only been in the recent two decades this minimum wage bill without the of course, the debate, I suppose, on Iraq that that has been an issue. But at small business tax incentives. And for is going to come up. And it ought to least it recognizes something that Senator KENNEDY, who is haranguing come up. We know what is coming up. maybe wasn’t recognized before; that about the fact this is not being passed We know there is not going to be any small business is the engine of employ- fast enough, the members of his own more votes on that issue this week. So ment in America and it ought to be party voted with us on that, and that if we get this bill done today or tomor- recognized that, in some instances— seems to show it is bipartisan. row—and I bet it will be done today— and economists can back this up—there As I said before, tax incentives tar- then we know that is probably going to is some underemployment or unem- geted to small business and other busi- be the last vote of the Senate this ployment, particularly among young nesses impacted by a minimum wage week. I think the people on the other people, and most particularly among increase have been linked to minimum side of the aisle who are managing this minority young people. wage legislation over the past couple of bill know that. They know when we get I think it is legitimate to consider decades. Democrats have, at times, a couple of votes on a couple of other that because we make a great deal in joined Republicans in supporting that tax provisions, that it is limited. We this Congress about having programs linkage. Once again, Republicans have know there is finality coming. There for the unemployed, such as retraining. asked for small business tax relief, if a hasn’t been any effort by anybody on We make a big deal about education, minimum wage hike is going to hap- this side of the aisle to hold up this vocational education, and preparing pen. Based on an overwhelming cloture

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1369 vote yesterday on this Baucus sub- Ms. LANDRIEU. I yield back the re- million people in the year 2007 could be stitute, it looks as if we are going to mainder of the time. hit by the alternative minimum tax, if get there. Democrats, in effect, agree— Madam President, I suggest the ab- we do not do something about it. Since through that vote—with this linkage. sence of a quorum. we have to offset things such as this, if To different groups of Senators, these The PRESIDING OFFICER. The we patch this up again, it is going to topics carry their own benefits or bur- clerk will call the roll. take $50 billion to offset or, if it isn’t dens. Many on my side don’t like the The legislative clerk proceeded to offset, that means $50 billion that idea of second-guessing the labor mar- call the roll. would come into the Federal Treasury ket with a federally mandated min- Mr. DURBIN. Mr. President, I ask under existing law would not come in. imum wage. In past statements, I unanimous consent that the order for Next week I will give a series of pointed out some of the related issues the quorum call be rescinded. speeches in some detail. I am going to that should give us pause when consid- The PRESIDING OFFICER. Without look at how we got where we are on the ering such legislation. Some, mostly objection, it is so ordered. alternative minimum tax. I will exam- Democrats, will call this bill before us (The remarks of Mr. DURBIN are ine the history of the alternative min- nothing but a minimum wage increase printed in today’s RECORD under imum tax and the origins of the cur- bill. Some, mostly on my side of the ‘‘Morning Business.’’) rent problem. In another speech, I am aisle, will call it a small business tax Mr. DURBIN. Madam President, I going to discuss the fiscal effects of relief bill. But isn’t that how we get yield the floor and suggest the absence maintaining, repealing, and replacing things done in the Senate? Doesn’t al- of a quorum. the alternative minimum tax. And in most everybody have to have a win? The PRESIDING OFFICER. The the third speech, I will talk about op- And in this aren’t we having a win-win clerk will call the roll. tions to remedy the alternative min- situation in a bipartisan way? The bill clerk proceeded to call the imum tax problem in the short term I suppose some of our Members are roll. and over the long term. going to have it both ways, it is going Mr. GRASSLEY. Madam President, I Today, on a preemptive basis, I want to be both a minimum wage increase ask unanimous consent that the order to counter a charge that I think is and a small business tax relief bill. for the quorum call be rescinded. going to be repeated by Democratic- President Bush, similar to President The PRESIDING OFFICER. Without leaning think tanks, maybe by the Clinton, whom I have already quoted, objection, it is so ordered. leadership of the Congress, and, more will recognize both parts of this pack- Mr. GRASSLEY. Madam President, I importantly, by east coast media who age. If my friends on the other side of ask unanimous consent to speak as in tend to be sympathetic to the views of the aisle would review that statement, morning business for what time I those political organizations. The as I led them to review it last week, might consume, and it will not be too charge will be that the alternative they will note that President Clinton long, on two bills I am going to intro- minimum tax problem we face is a re- saw merit in the small business tax reduce. sult of the bipartisan tax relief legisla- lief package. The PRESIDING OFFICER. Without tion enacted in 2001 and 2003. If I were chairman, I might have tilt- objection, it is so ordered. I ask unanimous consent to maintain ed the package a bit more toward de- (The remarks of Mr. GRASSLEY and the floor and yield to the majority to preciation and less toward, let’s say, Mr. DODD pertaining to the introduc- make a unanimous-consent request. that portion that we call the worker tion of S. 467 and S. 468 are printed in The PRESIDING OFFICER. Without opportunity tax credit. It is important today’s RECORD under ‘‘Statements on objection, it is so ordered. these incentives coincide with the tim- Introduced Bills and Joint Resolu- Ms. KLOBUCHAR. Mr. President, I ing when the minimum wage increase tions.’’) ask unanimous consent that the time will be taking effect. It has been prov- Mr. GRASSLEY. Madam President, between now and 2:30 p.m. be equally en that a minimum wage hike without since I do not think anybody else is divided between Senators BAUCUS and tax relief for small business will not fly seeking the floor, I suggest the absence KYL or their designees; that at 2:30 in a body where we have to move ahead of a quorum. p.m., the Senate vote in relation to in a bipartisan way or nothing gets The PRESIDING OFFICER. The Senator KYL’s amendment No. 209; that done. Let’s recognize that reality. clerk will call the roll. no other amendment be in order prior Let’s improve this bill and complete it The assistant legislative clerk pro- to that vote; that following that vote, in a timely manner. ceeded to call the roll. amendment No. 115 be considered in Mr. President, I suggest the absence Mr. GRASSLEY. Mr. President, I ask order for purposes of drafting under of a quorum. unanimous consent that the order for rule XXII; and that all other amend- The PRESIDING OFFICER. The the quorum call be rescinded. ments to the bill and to the substitute clerk will call the roll. The PRESIDING OFFICER (Mr. be withdrawn accept for amendment The legislative clerk proceeded to MENENDEZ). Without objection, it is so No. 115; and that no other amendments call the roll. ordered. Mr. VITTER. Madam President, I ask be in order except the substitute and Mr. GRASSLEY. Mr. President, I ask amendment No. 115. unanimous consent that the order for unanimous consent to continue as in the quorum call be rescinded. The PRESIDING OFFICER. Without morning business for, I would say, objection, it is so ordered. The PRESIDING OFFICER (Ms. roughly 10 or 12 minutes on an issue KLOBUCHAR). Without objection, it is so Mr. GRASSLEY. Let me ask the ma- unrelated to what is on the Senate jority, would they like me to yield the ordered. floor. Mr. VITTER. I ask unanimous con- floor for that debate? The PRESIDING OFFICER. Without sent that I be allowed to speak for up Ms. KLOBUCHAR. No, Mr. President. objection, it is so ordered. to 7 minutes as in morning business, Mr. GRASSLEY. Next week, when ALTERNATIVE MINIMUM TAX and following that, Senator LANDRIEU the President’s budget comes out, be given permission to speak as in Mr. GRASSLEY. Mr. President, next there is going to be an awful lot of dis- morning business for up to 7 minutes. week the President’s budget will come cussion about the alternative min- The PRESIDING OFFICER. Is there to Capitol Hill. In terms of tax issues, imum tax. I am trying to preempt—in objection? Without objection, it is so no issue is more pressing in the upcom- a sense counter—what I think are old ordered. ing budget than resolving the alter- arguments that are going to be re- Ms. LANDRIEU. Madam President, I native minimum tax issue for both the peated about that issue. They are going ask unanimous consent that the time short term as well as the long term. to be coming from leftwing think be charged postcloture. As many Members know, the so- tanks, and maybe the Democratic lead- The PRESIDING OFFICER. The Sen- called patch—the temporary fix we did ership in the Congress will pick up on ators’ time will be charged postcloture. last year for the alternative minimum it. For sure, the east coast media, who (The remarks of Mr. VITTER and Ms. tax so no more people would be hit by tend to be sympathetic to the views of LANDRIEU are printed in today’s it than are presently hit by it—ran out these political organizations, is going RECORD under ‘‘Morning Business.’’) at the end of last year. So right now 23 to be loudly speaking about it. I don’t

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1370 CONGRESSIONAL RECORD — SENATE January 31, 2007 find anything wrong with it being dis- and a Federal alternative tax revenue, permanently extended or repealed. We also cussed, but I am going to make sure it if neither the Bush tax cuts nor the explain how this information compares to in- is discussed in an intellectually honest hold-harmless provisions is extended, a formation previously provided to you on Au- manner. $400 billion issue compared to the $1.1 gust 31, 2005 and September 16, 2005. The charge is going to be made that trillion issue. For the purpose of this analysis, we have the alternative minimum tax problem From that data, some erroneously first assumed that the tax cuts are repealed. we face now is a direct result of the bi- concluded and publicly represented The first set of figures in Table 1 compares the AMT effect under this assumption if, al- partisan—I emphasize bipartisan—tax that the tax cuts of 2001 and 2003 are re- ternatively, (1) the AMT exemption amount relief legislation that was enacted in sponsible for 65 percent of the alter- hold-harmless provision is not extended be- 2001 and 2003, which, by the way, Chair- native minimum tax problem. In other yond 2005; (2) such provision is extended per- man Greenspan has said, both before he words, this $1.1 trillion minus the $4 manently; and (3) such provision is extended left the Fed as well as a private citizen, billion divided by $1.1 trillion. And con- permanently and indexed after 2005. The sec- that these tax relief packages we versely then, that the tax cuts of 2001 ond set of figures presents the same compari- passed back then are the basis for the and 2003 tripled the size of the alter- son under the assumption that the tax cuts economy going very smoothly in the native minimum tax problem; again, are permanently extended. All of the information provided in this table was previously last 3 or 4 years, creating 7.2 million $1.1 trillion divided by $400 billion. The provided to you in our September 16, 2005 jobs. If that is the argument they are logic used to reach that conclusion is memo, except in a different format. going to make—and I will bet you, al- flawed. That is what I am about to though I am not a betting man, that show. TABLE 1 that is what we are going to hear—it is This is because the many variables a distortion, plain and simple. So I affecting the alternative minimum tax AMT effect Item (billions of think I am going to try to correct the have overlapping results, and the order dollars) record in advance. Maybe next week, if in which one analyzes those overlap- Tax Cuts Repealed: I have done it adequately, there won’t ping variables will directly impact the (1) Hold-harmless provision not extended ...... 399.9 be any record to correct. I have been outcome of the analysis. (2) Hold-harmless provision extended permanently ...... 212.0 (3) Percentage of AMT effect attributable to failure to around here long enough to know what In that way, we can use the same extend hold-harmless provision (((1)–(2))/(1)) ...... 47% is going to be said. Joint Committee on Taxation data in (4) Hold-harmless provision extended permanently and indexed ...... 169.7 To the extent the Democratic leader- the analysis above to suggest that the (5) Percentage of AMT effect attributable to failure to ship and allies suggest, like others who failure to index is actually the domi- extend and index hold-harmless provision (((1)–(4))/ (1)) ...... 58% have looked at this issue, that the bi- nant cause of the alternative minimum Tax Cuts Extended Permanently: partisan tax relief packages are respon- tax problem. If one were to first (6) Hold-harmless provision not extended ...... 1,139.1 (7) Hold-harmless provision extended permanently ...... 628.5 sible for the alternative minimum tax index—and that wasn’t done 35 years (8) Percentage of AMT effect attributable to failure to problem, I respond in this way: Most ago—the current tax system for infla- extend hold-harmless provision (((6)–(7))/(6)) ...... 45% (9) Hold-harmless provision extended permanently and who have reached that conclusion have tion by permanently extending an in- indexed ...... 472.0 done so by misusing data, data that is dexed version of the current hold- (10) Percentage of AMT effect attributable to failure to extend and index hold-harmless provision (((6)–(9))/ provided by the truly nonpartisan harmless provisions, Federal alter- (6)) ...... 59% Joint Committee on Taxation, an agen- native minimum tax revenue would be cy of Congress that you might say reduced from $1.1 trillion to $472 billion In the information provided to you on Au- wears green eyeshades, looks at things over the 10-year period we use to guess- gust 31, 2005 and September 16, 2005, we ana- as they are, without a Republican or timate taxes coming into the Federal lyzed the portion of the AMT effect attrib- Democratic bias. These figures of the Treasury. Thus, extending and index- utable to the tax cuts. In the analysis de- Joint Committee on Taxation will be ing the current hold-harmless provi- scribed above, we identify the portion of the used to distort the record on the issue sion for future inflation would reduce AMT effect attributable to failure to adjust of the alternative minimum tax. the alternative minimum tax revenues the AMT exemption amount to inflation. There is, however, interaction between these The Joint Committee on Taxation by 59 percent over the same period re- analysis suggests an alternative expla- two contributing factors to the AMT effect. ferred to in the Joint Committee on In order to avoid double counting of internation for the alternative minimum Taxation letter dated October 3, 2005, actions, a stacking order is imposed. The ap- tax problem, and that is the failure of as ‘‘percentage of AMT effect attrib- portionment of effects to each contributing Congress to index the alternative min- utable to failure to extend and index factor will vary depending on the stacking imum tax for inflation when it was hold harmless provision.’’ order, even though the total effect remains first established 35 years ago. The crit- I ask unanimous consent to print a constant. ics are going to charge that the bipar- copy of that entire letter in the This phenomenon is illustrated by Tables 2 tisan tax relief packages are respon- RECORD. and 3 below. The first two columns of Table sible for this alternative minimum tax There being no objection, the mate- 2 show the portion of the AMT effect attrib- problem. This conclusion is reached in rial was ordered to be printed in the utable to the tax cuts, consistent with the error because it is based upon faulty information provided on August 31, 2005 and RECORD, as follows: September 16, 2005. The second two columns logic. Those who have done similar CONGRESS OF THE UNITED STATES, of Table 2 show the portion of the AMT ef- analyses have based their conclusions JOINT COMMITTEE ON TAXATION, fect attributable to the failure to extend and on the mistaken assumption that a re- Washington, DC, October 3, 2005. index the hold-harmless provision, con- duction in Federal receipts should be To: Mark Prater and Christy Mistr. sistent with the information provided in interpreted as a percentage causation From: George Yin. Table 1 above. Note that if these two con- of the alternative minimum tax prob- Subject: AMT Effects. tributing factors were completely inde- lem. The Joint Committee on Taxation This memorandum responds to your re- pendent of one another, the information in was asked to project Federal alter- quest of September 29, 2005, for an analysis of Table 2 would suggest that the two factors together contribute to more than 100 percent native minimum tax revenue, if the bi- the portion of the AMT effect (AMT liability plus credits lost due to the AMT) which can of the AMT effect. In fact, as shown in Table partisan tax relief provisions were ex- be attributed to the failure to adjust the 3, the two factors together contribute to tended but current law hold-harmless AMT exemption amount to inflation, assum- only 85 percent of the AMT effect. Thus, provisions were not extended. And ing alternatively that the EGTRRA and there is substantial overlap between these what do we get, a $1.1 trillion issue, JGTRRA tax cuts (‘‘tax cuts’’) are either two factors. TABLE 2

AMT effect AMT effect Item (billions of Item (billions of dollars) dollars)

Baseline ...... 1,139.1 Baseline ...... 1,139.1 Repeal tax cuts ...... 399.9 Extend and index AMT hold-harmless provision ...... 472.0 Difference ...... 739.2 Difference ...... 667.1 Percentage of baseline ...... 65% Percentage of baseline ...... 59%

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1371 TABLE 3 lions more people who were never in- we are going to have 23 million people tended to be affected by it. hit by it. A year from now then, those AMT effect Item (billions of It was, in fact, the Finance Com- 23 million people will be working with dollars) mittee that put its money where its the complexities of the AMT and pay- mouth was on the alternative min- Baseline ...... 1,139.1 ing the alternative minimum tax. They Repeal tax cuts and extend and index AMT hold-harmless imum tax. Last year’s bipartisan tax are people who come from those high- provision ...... 169.7 Difference ...... 969.4 relief reconciliation did the same thing income States, more so than the State Percentage of baseline ...... 85% for the year 2006—in other words, to I come from, although we have people make sure that the alternative minute who are hurt by it—or would be hurt by Mr. GRASSLEY. Let’s go back to the tax problem is not worsened. Once it—but not to the extent of some of the Joint Committee on Taxation analysis. again, it was the bipartisan leadership high-income States. On October 15, a If we then assume that the tax cuts of of the Finance Committee that ensured taxpayer’s first quarter estimated tax 2001 and 2003 are repealed, alternative millions of families would not face the payments will be due, and they will minimum tax revenue falls by an addi- alternative minimum tax problem in have to take this into consideration. tional $302 billion, from $472 billion to the tax-filing season this year. Twenty-three million families will $169 billion. That second drop attrib- I might say that Republicans, last have to start dealing with the AMT yet utable to the repeal of the Bush tax year, when we were controlling, were this year on these quarterly estimates. cuts reduces Federal revenue by only 27 willing to add millions of people to it Last year, Congress acted a few percent. Thus, one should argue that because they didn’t want to hold harm- weeks after April 15. Hopefully, this failure to index is a greater cause of less completely, just to some extent. Congress will act before April 15. Mr. the alternative minimum tax prob- But we in the Senate stuck to our President, next week, Congress will be lem—in other words, 59 percent versus guns, and we got the hold harmless facing the AMT problem as the budget 27 percent. If we had indexed, we kept in place, as it had been since 2001. process moves forward. That is what is wouldn’t have this problem. I reiterate the importance of the last going to start this demagoguery about Using logic similar to that under- sentence in my remarks, where I said the AMT. To get a grip on that prob- taken above would also cause us to that the Finance Committee ensured lem, we need to examine its history, conclude that failure to index is re- that millions of families would not face sponsible for 59 percent of the alter- assess its fiscal impact, and carefully the alternative minimum tax in this consider our short-term and long-term native minimum tax problem or, alter- tax-filing season that we are in right natively, that failure to index also options. I look forward to these discus- now. Everyone who supported the tax sions on these three topics next week. nearly triples the size of the AMT prob- relief reconciliation bill walked the lem. But simple logic suggests that the Let’s use correct data when we discuss walk on the alternative minimum tax. the alternative minimum tax. Let’s be bipartisan tax relief cannot be respon- A lot of the critics I am referring to sible for 65 percent of the alternative intellectually honest. Let’s discard the have talked that walk on the alter- partisan fuzzy math and partisan revi- minimum tax problem and failure to native minimum tax, but if you look at index responsible for 59 percent of the sionist history. their voting records, they have not Mr. President, I suggest the absence problem. The anomaly arises because walked the walk on the alternative there is overlap between variables of a quorum. minimum tax. Thank goodness, then, The PRESIDING OFFICER. The being analyzed. Although the analysis 15 million families were put above poli- fairly demonstrates the amount of al- clerk will call the roll. tics, or you might say a bipartisan so- The assistant legislative clerk pro- ternative minimum tax revenue saved lution saw that they were not harmed ceeded to call the roll. by making a particular change to the because, otherwise, 15 million families Mr. GRASSLEY. I ask unanimous Federal tax system, it is inappropriate would be dealing right now, as they file consent that the order for the quorum to represent that such analysis accu- last year’s income tax, with the AMT call be rescinded. rately isolates causation of the alter- in their tax returns—in other words, The PRESIDING OFFICER. Without native minimum tax. Because there is paying the alternative minimum tax objection, it is so ordered. overlap in the variables being analyzed because we did not hold harmless. Mr. GRASSLEY. Mr. President, I ask in these examples, indexing and the bi- If they had to deal with that, you unanimous consent that the time dur- partisan tax relief packages, the order know how complex they think the tax ing the quorum call be equally divided. of analysis of those variables is crucial forms are already and the tax system is The PRESIDING OFFICER. Without to whatever outcome we have. already. Well, if you have to go objection, it is so ordered. The Joint Committee on Taxation through that alternative minimum tax Mr. GRASSLEY. I suggest the ab- acknowledges this point to us in a let- exercise, it almost doubles the com- sence of a quorum. ter dated October 3, from which I will plexity. Every Member who voted The PRESIDING OFFICER. The quote: against the bipartisan tax relief rec- clerk will call the roll. There is, however, interaction between onciliation bill ought to think about The assistant legislative clerk pro- these two contributing factors to the AMT that bottom-line reality. If that group, ceeded to call the roll. effect. In order to avoid double counting of Mr. LEAHY. Mr. President, I ask interactions, a stacking order is imposed. led by—because it tended to be very The apportionment of effects to each con- partisan—the Democratic leadership unanimous consent that the order for tributing factor will vary depending on the had prevailed, 15 million families con- the quorum call be rescinded. stacking order, even though the total effect centrated in the so-called blue States The PRESIDING OFFICER. Without remains constant. would have been dealing with the alter- objection, it is so ordered. To this point in time, I have not seen native minute tax now. It is a fact—be- FISA COURT ORDERS anything that accurately suggests that cause higher income people tend to live Mr. LEAHY. Mr. President, I received the 2001 and 2003 tax cuts have wors- in the so-called blue States, according notice this morning that President ened the alternative minimum tax to the results of the last two Presi- Bush has agreed to our bipartisan re- problem to date. It is my intention to dential elections—they are paying quest for key recent orders from the ensure we continue to honor that com- more of this alternative minimum tax. FISA Court. Let me explain this a lit- mitment. They happen to be represented by peo- tle bit. I have been very critical now Proponents of this charge fail to rec- ple of the other political party who for some time of the warrantless wire- ognize that we addressed the problem thought that the hold harmless provi- tapping of Americans done, apparently, for 2001 through 2005 in legislation that sions should not have been there. So 15 under the President’s order. We have, most of these organizations opposed. million people—most of them in those as the distinguished Presiding Officer By the way, those hold-harmless alter- States—would be hit again. knows, the Foreign Intelligence Sur- native minimum tax provisions were The clock is ticking on the alter- veillance Act, which sets up a special the first significant legislative efforts native minimum tax problem for this court where you can go in secret if you to stem the rise of the alternative min- year. In other words, we have to do suspect a terrorist is phoning into the imum tax tide, meaning affecting mil- something before the end of the year or United States, and you can get an

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1372 CONGRESSIONAL RECORD — SENATE January 31, 2007 order to wiretap that call. But accord- the applications which were filed by torney General has represented that ing to the press, the administration the Department of Justice for the there is classified information here has not followed that law, has not gone change in the terrorist surveillance which ought not to be made public, and into the court. They have allowed program and the court orders issued by I will reserve judgment until I have widespread wiretapping of Americans the Foreign Intelligence Surveillance had an opportunity to see those docu- without a court order. This has been Court establishing a new line of judi- ments. troublesome to a lot of people on both cial review for that surveillance pro- I know Senator LEAHY was on the sides of the aisle. gram. floor a little earlier today, within the So we learned recently—Senator Back on December 16, 2005, the New past half hour or so, and I wanted to SPECTER and I—that the Foreign Intel- York Times broke a major story dis- join him in thanking the President for ligence Surveillance Court had issued closing that there had been a secret this action. We have seen an expansion orders authorizing NSA’s wiretapping wiretapping program, electronic sur- of Executive authority which I have program, which meant the President veillance without the customary judi- spoken about on this Senate floor in a was going back to the court, as he cial review. The customary approach is number of situations with the signing should have, of course, before. We to have a law enforcement official statements, where the President signs asked the court to make these orders apply for a warrant showing an affi- legislation but expresses reservations. available to the Judiciary Committee. davit of probable cause to justify a There is a real question in my mind as The chief judge of the court approved search and seizure for a wiretap which to the constitutionality of that. The providing the orders but left the final is a facet of the search and seizure, and Constitution provides that Congress decision to the executive branch. that disclosure back on December 16 passes legislation and the President ei- I made it clear, when Attorney Gen- was quite a revelation. As a matter of ther signs it or vetoes it. I have intro- eral Gonzales appeared before us, that fact, we were in the midst of debating duced legislation to give Congress we expected to see the orders. After all, the PATRIOT Act at that time, trying standing to challenge those signing we write the law as to how the Foreign to get that through on reauthorization, statements or limitations therein in Intelligence Surveillance Act is sup- and it was a major bone of contention, court and other examples of the expan- posed to work, and we have the respon- with some Senators saying they had sion of Executive authority. sibility to make sure it is followed. The been disposed to vote for the reauthor- So I think this is a significant step President has made the right decision ization of the PATRIOT Act and forward, and I commend the President in changing his previous course of uni- wouldn’t do so now with the disclosure and the Department of Justice for tak- laterally authorizing the warrantless of that program. ing this stand. I am going to reserve surveillance program. He is now going Through a good bit of last year, the judgment on the program itself, obvi- to follow the law in seeking court ap- Judiciary Committee worked on ef- ously, until I have had a chance to re- proval for wiretaps. forts, through legislation, to have judi- view it. But I did want to acquaint my Senator SPECTER and I, on behalf of cial review of that program, and, in colleagues in the Senate with what is the Judiciary Committee, will have to fact, at one point an agreement was happening and acquaint the American look at the contours of the wiretapping reached with the White House on a leg- people too because there has been con- program. We have to look at the islative package to move forward. Ulti- siderable concern about the protection Court’s orders to determine whether mately, that legislative effort was un- of civil rights, and obviously our war the administration reached the proper successful and the program continued on terrorism has to be fought in a vig- balance to protect Americans, while to have these wiretaps without judicial orous and tenacious manner, because it following the law and the principles of approval. Then, on January 17—earlier is a real threat to our national security checks and balances. I hope the admin- this month—the Attorney General an- and the safety of the American people, istration will eventually allow all nounced there had been a change in but at the same time have the bal- members of the Judiciary Committee programming and there would be appli- ancing of protecting civil liberties. to look at these orders. cation made to the Foreign Intel- This is a significant step forward, and We all want to catch terrorists, but ligence Surveillance Board under pro- I am anxious to see the details to be we don’t want a country where we have cedures which the Department of Jus- able to report further on it. warrantless wiretapping of Americans. tice had established with the Foreign I thank the Chair, and in the absence If we start down that slope, we all lose Intelligence Surveillance Court. of any other Senators seeking recogni- the right to privacy and the values this I received a lengthy briefing on the tion, I suggest the absence of a Nation has stood for for more than 200 nature of the program, but it fell short quorum. years. So Senator SPECTER and I will of the necessary disclosure because I The PRESIDING OFFICER. The review the court orders to make sure did not know what the applications, clerk will call the roll. the law is being followed. I believe in the affidavits provided, nor did I know The legislative clerk proceeded to this case, the President has taken the what the court had said. And there was call the roll. right first step, and I commend him for an issue as to whether there was a Mr. THOMAS. I ask unanimous con- it. blanket approval for the program or sent that the order for the quorum call With that, I suggest the absence of a whether there were individualized war- be rescinded. quorum and ask unanimous consent rants, and in order to meet the tradi- The PRESIDING OFFICER (Mrs. that the time be equally divided. tional safeguards for establishment of CLINTON). Without objection, it is so The PRESIDING OFFICER. Without probable cause, there would have to be ordered. objection, it is so ordered. individual warrants. Mr. THOMAS. Madam President, I The clerk will call the roll. Senator LEAHY and I then pressed the ask unanimous consent to speak as in The assistant legislative clerk pro- Attorney General for access to these morning business. ceeded to call the roll. documents which would give us a fuller The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I ask understanding of what was happening. objection, it is so ordered. unanimous consent that the order for I was pleased to learn earlier today SIMPLIFYING THE TAX CODE the quorum call be rescinded. that the Attorney General has con- Mr. THOMAS. Madam President, al- The PRESIDING OFFICER. Without sented to make those disclosures to though it is unrelated to what we are objection, it is so ordered. Senator LEAHY and myself, and we will doing, I wish to talk a little bit about TERRORIST SURVEILLANCE PROGRAM be reviewing those documents. They general tax reform. Mr. SPECTER. Mr. President, I have will not be made public. Until I have The amendments are very important, sought recognition to join Senator had a chance to see them, I wouldn’t and we are dealing with the issue, of LEAHY in the acknowledgment that the have any judgment as to whether they course, of the minimum wage and off- Attorney General will be turning over ought to be made public. My own view setting some of those costs to small to Senator LEAHY and me, in our ca- is there ought to be the maximum dis- businesses. I support that idea. But I pacities as chairman and ranking closure to the public consistent with wanted to say that I hope we soon give member of the Judiciary Committee, national security procedures. The At- more attention to reforming of the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1373 overall tax forms. We are getting into to their business and would be able to What I am proposing doesn’t benefit a position where every time there is an count on what the Tax Code treatment the big corporations. That is what is issue, every time there is something we would be and, therefore, would be more already extended under the bill want to accomplish, we have some tax likely to make the investment and, through the year 2012. What we are relief for this section of the economy therefore, create more jobs and, there- doing is extending through the year and for that section of the economy. It fore, be able to absorb the cost of the 2012 these benefits for the small busi- has become so complex and so short- minimum wage that will be imposed by nesses—specifically, the section 179 exchanged in terms of the time, the ex- the legislation before us. pensing. How does that work? As I ex- changes that we have. I think we have I ask unanimous consent that Sen- plained this morning, by definition, to have some overall tax reform. ator ALEXANDER be added as a cospon- section 179 allows businesses to write I understand it is not easy because sor to amendment No. 115 and that off an amount that is right now all of these issues are different. On the Senator SPECTER be added as a cospon- $112,000, when they spend that much other hand, we can simplify the Tax sor both to this amendment, No. 209, money on a new piece of equipment or Code, if we take the time. I mentioned and to No. 115. add on their business. If they spend it this morning in the Finance Com- The PRESIDING OFFICER. Without more than $400,000, they cannot use mittee. I realize we are not going to be objection, it is so ordered. this particular provision. able to address it in a short time, but Mr. KYL. Madam President, the Sen- The bottom line is that this is for the I think we ought to set it as a long- ator from Massachusetts made a couple small business, it is not for big busi- term goal and begin to deal with sim- of statements I need to correct. One ness. So it is simply incorrect to say plifying the Tax Code. As each of us was that this amendment would cost that the proposal that is before us now, moves into our own taxes this year, it $45 billion. I do not know how he ar- to be voted on shortly, benefits big cor- becomes obvious how detailed these rived at that figure. Even if you add up porations. They cannot, by definition, taxes are. If you happen to be involved all of the amendments I have proposed take advantage of this particular pro- in a business, even a small business, at one time or another on this bill, vision of the Tax Code. the Tax Code is so difficult. I don’t they don’t add up to $45 billion. Again, why are we seeking to do this? think we ought to be managing the be- The amount that this amendment All of us on the Finance Committee havior of this country through taxes. would, in effect, cost to take section agreed that we needed to provide some Taxes ought to be set in a general and 179 through the year 2012 would be tax relief to small businesses because long-term way so that people can un- about $2.1 billion over 10 years. That is small businesses would bear the brunt derstand, over time, what the tax situ- more than absorbed by the authority of the new expense of the minimum ation is, and we can make it attractive that we have under the budget from wage. So the committee unanimously enough that we don’t have to change it last year, which is $278.6 billion. So extended various provisions of the Tax for every issue that comes up. there doesn’t have to be an additional Code. It extended this section 179 for Again, I certainly am supportive of offset. There doesn’t have to be an ad- another year, recognizing its impor- what we are doing now. But in the ditional pay-for. The cost for extending tance. All my amendment does is ex- longer view of things, I urge that we section 179—what we are doing with tend it another 2 years, so that it will give consideration to reforming the this amendment—is entirely subsumed conform with the same period of time Tax Code, to making it simpler, under- in the budget we passed last year. That that the work opportunity tax credit standable, longer term, and to avoid is why it is not subject to a point of goes to and, thus, provide some balance setting up the situation where each order and why a mere majority vote between the big businesses, which get time there is some issue affecting any- will determine whether it moves for- the work opportunity tax credit relief, one in this country, we don’t, as a sec- ward. and the small businesses, which pri- ondary action, change the Tax Code to According to the Congressional Budg- marily rely on the section 179 tax re- encourage a particular outcome. It et Office, by the way, the minimum lief. should not be the purpose of taxes to wage increase will impose about $5 bil- Section 179 is probably the most used regulate behavior. lion worth of new costs on businesses of the tax provisions because all small I yield the floor, suggest the absence each and every year. Most of that will businesses can take advantage of it of a quorum, and ask unanimous con- be on small businesses. The extension whenever they add value to their par- sent that the time be divided equally. of this relief will benefit those very ticular business. It is for this reason The PRESIDING OFFICER. Without small businesses that are going to have that several organizations have en- objection, it is so ordered. to absorb this additional cost. dorsed this proposal of mine and, in The clerk will call the roll. When the Senator from Massachu- fact, have communicated with us that The legislative clerk proceeded to setts said earlier, ‘‘We have debated they intend to key vote this amend- call the roll. over the period of the last few days tax ment. So when you are voting on my Mr. KYL. Madam President, I ask breaks for corporate America,’’ I want amendment, if you vote to table my unanimous consent that the order for to be very clear, that is not the tax amendment, you are going against the the quorum call be rescinded. break I am talking about. The tax recommendations of the following The PRESIDING OFFICER. Without break for corporate America is the tax groups: National Federation of Inde- objection, it is so ordered. break the majority of the Democrats pendent Business, NFIB; Food Mar- AMENDMENT NO. 209 on the Finance Committee have pro- keting Institute; Printing Industries of Mr. KYL. Madam President, unless vided in the form of the work oppor- America; International Franchise As- the Senator from Wisconsin wishes to tunity tax credit. sociation; and Society of American speak, I will proceed. I believe we have Testimony before our committee Florists. about 14 minutes remaining on our confirmed that 95 percent, approxi- You can see that these are the kinds side. I would like to use at least some mately, of the value of the WOTC, of businesses that can take advantage of that time to clear up a couple points work opportunity tax credit, goes to of this section of the Tax Code. So any- that were made earlier in the debate. I bigger businesses, S and C corpora- body who votes to table this amend- am speaking on the amendment No. tions, because they have the where- ment, as I said, will be going against 209, which is my amendment to extend withal to set up the complicated ac- the recommendation of these par- the period of time that so-called sec- counting mechanisms for the work op- ticular groups. tion 179 small business expensing would portunity tax credit legislation to ac- I urge my colleagues—this has never be effective. Instead of cutting off at tually work. Very few of the small been a partisan issue. Section 179 is 2010, it would be the same period of businesses are benefited by that tax re- supported by Democrats and Repub- time that we extended the work oppor- lief. But almost all of the small busi- licans and Independents. Our com- tunity tax credit; namely, 2012. The ob- nesses are benefited by the tax relief mittee action was unanimous. There is vious reason being that businesses that I have proposed. So I respectfully no reason this has to become a partisan would have more time within which to correct my colleague from Massachu- issue. There is no question of pay-for. plan these additions or improvements setts. We already, in the budget from last

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1374 CONGRESSIONAL RECORD — SENATE January 31, 2007 year, the scorecard, as they call it, business’s ability to create more jobs, ness owners to take advantage of the have revenue available to offset the expand their business and, frankly, to tax relief contained in this bill. In ad- modest increase of $2 billion that a 2- contribute to the great economic dition, the amendment will help create year extension would entail in this par- growth that we have right now. jobs by encouraging small business ticular amendment. So I see no reason So I don’t understand any of the rea- owners to grow their businesses and for anybody to vote against it and, sons a Member of this body would want hire new employees. most especially, to table this amend- to oppose this particular amendment. I Under current tax law, small busi- ment. am not doing this for any purpose nesses can expense up to $100,000 of cer- I urge my colleagues to vote against other than to try to support these tain new property the year it is put in the motion to table. small businesses. That is why the NFIB service. That figure is indexed to infla- Madam President, might I inquire and the others are so supportive of my tion, so small businesses will be able to how much time is now available on amendment. I would think that in this expense up to $108,000 in 2006. After both sides of this issue? time when we wanted to start out the 2009, this expensing level will drop back The PRESIDING OFFICER. The mi- year in a bipartisan way, this is a pro- down to $25,000 a year for these small nority has 6 minutes, and the majority vision that has strong bipartisan sup- businesses. The tax relief package in- has 3 minutes. port; it always has. I just don’t under- cluded in the minimum wage bill would Mr. KYL. All right. It is also my un- stand why anybody would not want to extend the $100,000 expensing limit—in- derstanding that time not used is to be extend it for 2 years, especially when dexed for inflation—through the end of counted off equally against both par- the costs of doing so are already offset 2010. The Kyl amendment would add 2 ties; is that correct? in the budget that we passed last year. years to that extension. In other words, The PRESIDING OFFICER. For Again, I urge my colleagues to op- the Kyl amendment would allow small quorum calls, yes. pose the motion to table this amend- businesses to expense the higher Mr. KYL. Oh, I see. As the proponent ment. amount through the end of 2012. of the amendment, I hope that I will be Madam President, let me first in- Last week, I spoke on the Senate able to close the debate. But given the quire how much time both sides have floor about the burden imposed on the fact that there is 6 minutes remaining remaining. small business community by raising on my side, if there is nobody from the The PRESIDING OFFICER. The mi- the minimum wage. Small businesses majority side to speak to this, then I nority has 2 minutes, the majority has will bear the brunt of approximately 60 will continue the conversation, at least 3 minutes. percent of the costs of a minimum until someone arrives. Mr. KYL. Madam President, I suggest wage increase. I applaud the Finance One of the other arguments is that by the absence of a quorum. Committee including Chairman BAUCUS extending this through 2008, we have The PRESIDING OFFICER. The and Ranking Member GRASSLEY for ap- provided enough certainty to small clerk will call the roll. proving a tax relief package to help off- businesses that they could go ahead The assistant legislative clerk pro- set these costs. In particular, I am glad and make the investment, plan the ren- ceeded to call the roll. that tax relief package includes the ex- ovation or buy the piece of equipment, Mr. ALEXANDER. Madam President, pensing provision that we are talking or whatever that might be. The bottom I ask unanimous consent that the order about on the Senate floor today. line is that any amount that we extend for the quorum call be rescinded. The Kyl amendment would make the in these tax provisions enables busi- The PRESIDING OFFICER. Without expensing provision even stronger by nesses to plan better. If we extend it 1 objection, it is so ordered. allowing for higher expensing limits year, as the committee did, then at Mr. ALEXANDER. Madam President, through the end of 2012. This is impor- least businesses can look out 1 year. I ask unanimous consent that I may be tant because continuing the higher ex- But as we all know, in the business en- permitted to speak for 60 seconds. pensing limits for an additional 2 years vironment, a 1-year horizon is very The PRESIDING OFFICER. Without would give small businesses more time short. That is why, just as we extended objection, it is so ordered. to plan and fully use this benefit. If the work opportunity tax credit Mr. ALEXANDER. Madam President, small business owners can take greater through 2012, it makes sense to extend I compliment Senator KYL for his advantage of the tax relief in this bill, the small business expensing through work. I expect a vote for the minimum that means more help in offsetting the the year 2012 as well. Any additional wage with the small business tax ad- added costs imposed on small business time that businesses can know what justments that are with it. As I said on owners through a minimum wage in- the tax consequences of their purchases the floor of the Senate the other day, it crease. or expenses are is an advantage to is not the most efficient way for the Not only does this particular tax pro- them and will enable them to create Government to intervene help for the vision help offset the costs of an in- the jobs, as I said, that will offset the poorest people who are working. I creased minimum wage, but it will help costs of the minimum wage. think that would be an increase in the create grow the economy and create Madam President, I don’t know of earned-income tax credit. It would be jobs. Allowing small business owners to anybody who opposes the extension of less expensive, more efficient, and all immediately expense critical invest- section 179. The committee itself ex- of us would pay the bill for that, not ments encourages the purchase of new tended it for 1 year. I don’t know why just small businesspeople. equipment, which helps to spur eco- there would be partisan debate about If we are going to raise the minimum nomic growth. New equipment for extending it for another 2 years. I wage, we ought to not impose the small businesses also usually leads to think we can all agree that would rep- whole burden on just that small seg- greater efficiency. And putting more resent good policy. The relatively mod- ment of society. I agree that extending money back into the hands of small est expense of this $2.1 billion, in terms these small business depreciation and business owners allows them to hire of theoretical lost revenue, is more expensing benefits would help small new workers. than compensated for by the $278 bil- business men and women who are try- During this minimum wage debate, a lion in offset tax authority from the ing to compete in the world to be able lot of my colleagues have talked about years 2011 and 2015 under the budget we to compete. And it gives all of us who the economic challenges facing work- passed last year. So there is no point of pay taxes a chance to pay for this idea ing families. I can’t think of a better order and there is no reason, on a pure- that we have called the minimum way to help low-income Americans ly fiscal basis or balanced budget basis, wage, which tries to help working peo- than passing legislation that helps to vote against this. ple have more. grow the economy and create new jobs, Everybody knows it is good for small I support the amendment of the Sen- and that’s what this amendment would business. Adding 12 years for planning ator from Arizona, Mr. KYL because it do. I applaud my colleague from Ari- purposes for the business to purchase will do more to offset the increased zona for offering this amendment and the equipment or add to the building is costs imposed on small businesses urge my colleagues to support it. simply an improvement over existing through raising the minimum wage by Mr. BAUCUS. Madam President, be- law and enhancing of the small making it easier for many small busi- fore the Senate votes on the second

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1375 amendment by Senator KYL, the cost of tools and equipment the same Crapo Inhofe Sessions DeMint Isakson Shelby amendment is not offset, not paid for. year they buy it. This is clearly good Dole Kyl Smith It would add about $2 billion to our news for employers and for workers. By Domenici Lott Snowe Federal deficit. The Senate rejected a giving business men and women the Ensign Lugar Specter Kyl amendment last week that was freedom to deduct costs right away, Enzi Martinez Stevens Graham McCain Sununu similar. I admire the Senator’s persist- fewer will be forced to choose between Grassley McConnell Thomas ence. He is a firm subscriber to the new equipment and new hires. Repub- Gregg Murkowski Thune proverb that if at first you don’t suc- licans like Senator JON KYL are work- Hatch Nelson (NE) Vitter ceed, try, try again. I admire that very ing hard to make sure we have a bipar- Hutchison Roberts Warner much. tisan accomplishment with this bill. I NOT VOTING—3 But there is also another reference, I urge all of our colleagues on both sides Brownback Hagel Johnson think, from Ecclesiastes, that essen- of the aisle to give this amendment The motion was agreed to. tially there is a time and place for ev- their full support. Mr. DURBIN. Madam President, I erything. This is not the time and this Mr. BAUCUS. Madam President, I move to reconsider the vote. is not the place to pass this amend- ask 1 minute on leader time on the ma- Mr. BAUCUS. I move to lay that moment, which adds $2 billion to the na- jority side. tion on the table. tional deficit. The PRESIDING OFFICER. Without The motion to lay on the table was I urge my colleagues to support the objection, it is so ordered. agreed to. motion I am about to make, which is Mr. BAUCUS. It is very simple. This The PRESIDING OFFICER. The Sen- to table the amendment. The under- amendment is not paid for. It is scored ator from Maryland is recognized. lying amendment not only is not paid as a $2 billion additional hit to the def- Ms. MIKULSKI. Madam President, for, it is unbalanced. We had it pack- icit. It is not paid for, let’s make that what is the pending business before the aged together here, and we voted on clear. Senate? similar amendments, and it is time to Second, we are talking about extend- The PRESIDING OFFICER. Under get on with final passage of the mining what is called section 179, which is the previous order, the lone remaining imum wage bill. That is what Ameri- the small business expensing provisions amendment is amendment No. 115. cans are looking for. They want to in- in the law. The underlying bill already Ms. MIKULSKI. Madam President, I crease the minimum wage. We should extends 179 through 2010. It already ask unanimous consent to speak for 10 no longer dally here, with no disrespect minutes as in morning business. for my colleague from Arizona. We are does. This adds 2 more years at the cost of $2 billion. We have time, maybe The PRESIDING OFFICER. Is there working on amendments that we objection? Without objection, it is so worked on, that we had votes on. this year or next, to extend it when we can pay for it at the appropriate time. ordered. I will make the motion and urge my Ms. MIKULSKI. Madam President, I But, again, the underlying bill very colleagues to vote to table the under- note the Senate is not in order. lying amendment. clearly takes care of small business ex- The PRESIDING OFFICER. The Sen- Mr. KYL. Let me use the last minute pensing needs by extending 179 through ate will be in order. The Senator from of my time, and then I will yield to the 2010. Second, it is not paid for. We Maryland has the floor. should not adopt this amendment. leader. CLONED FOOD LABELING ACT The PRESIDING OFFICER. Actually, Madam President, I move to table Ms. MIKULSKI. Thank you very the time of the Senator has expired on the amendment and ask for the yeas much, Madam President. I rise today the minority side. and nays. to talk about a bill I introduced last The Republican leader is recognized. The PRESIDING OFFICER. Is there a week. It is called the Cloned Food La- Mr. MCCONNELL. Madam President, sufficient second? There is a sufficient beling Act. on my leader time, I yield a minute to second. My colleagues would be shocked to the Senator from Arizona. The question is on agreeing to the realize that the FDA has announced Mr. KYL. Madam President, I simply motion. The clerk will call the roll. that meat and milk products from wanted to respond to the point the The assistant legislative clerk called cloned animals are safe for human con- chairman of the committee just made, the roll. sumption. My bill will require the Gov- which is that this is not offset. The Mr. DURBIN. I announce that the reason there is no pay-go point of order ernment to label any food that comes Senator from South Dakota (Mr. JOHN- from a cloned animal or its progeny. against this amendment is because the SON is necessarily absent. Baucus substitute already extends sec- My colleagues need to know I am Mr. LOTT. The following Senators strongly opposed to the FDA approving tion 179 small business expensing are necessarily absent: the Senator through 2010 and includes the nec- meat and milk products from cloned from Kansas (Mr. BROWNBACK) and the animals entering into our food supply, essary offsets to cover 2010. This Senator from Nebraska (Mr. HAGEL). amendment merely extends that and I am not the only one. Most Ameri- The result was announced—yeas 49, cans actively oppose it, and scientists through 2012, years in which the pay-go nays 48, as follows: scorecard has more than sufficient al- say we should monitor it. But the FDA [Rollcall Vote No. 37 Leg.] location to cover any revenue that decided food from cloned animals is Joint Tax projects would not be col- YEAS—49 safe to eat. And since the FDA decided lected in those years. That is why Akaka Feinstein Nelson (FL) it is safe, the FDA will not require it to there is no point of order and why we Baucus Harkin Obama be labeled as coming from a cloned ani- Biden Inouye Pryor mal or its progeny. believe this is a fiscally responsible Bingaman Kennedy Reed way to assist small business. Boxer Kerry Reid Now, the American people don’t want The PRESIDING OFFICER. The Re- Brown Klobuchar Rockefeller it. They find it repugnant. Gallup polls Byrd publican leader. Kohl Salazar report over 60 percent of Americans Cantwell Landrieu Sanders Mr. MCCONNELL. Madam President, Cardin Lautenberg think it is immoral to clone animals, Schumer Carper Leahy and the Pew Initiative on Food and using some of my leader time, Repub- Stabenow Casey Levin licans worked hard this week to make Tester Biotechnology found a similar percent- Clinton Lieberman sure we pass a minimum wage bill that Conrad Lincoln Voinovich age say that, despite FDA approval, gives everybody a lift—the American Dodd McCaskill Webb they won’t buy cloned milk. But what worker who earns the wage and the Dorgan Menendez Whitehouse troubles me is not only what public Durbin Mikulski Wyden opinion says but what the National American worker who pays it. The Kyl Feingold Murray amendment reflects this basic concern Academy of Sciences says. They re- for the worker and the wage payer, and NAYS—48 ported that—so far—studies show no I encourage all of our colleagues to Alexander Bunning Coleman problems with food from cloned ani- Allard Burr Collins mals. But they also admit it is a brand- give it their full support. Bayh Chambliss Corker This amendment will let American Bennett Coburn Cornyn new science. What about the unin- business men and women deduct the Bond Cochran Craig tended consequences? They caution the

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America doesn’t keep track of this provisions of the Small Business and So the FDA tells us once they deter- from the very beginning with clear and Work Opportunity Act of 2007 through mine it is safe, they will allow the food dependable labeling, our entire food the end of 2008. The three provisions to enter the market, unidentified, supply could be contaminated. I worry are the 15-year recovery period for unlabeled, and unbeknownst to us, and about what happens to the consumer. I leasehold improvements in restaurant I find it unacceptable. Consumers worry about it being eaten by ordinary renovations, as current law provides would not be able to tell which food folks. I worry about it being in our they run through the year 2007; 15-year came from a cloned animal. So, here school lunch program. I worry about it recovery for new restaurant construc- we have a picture of Dolly—the first because we do not know enough. tion, which is a new provision; and an- cloned animal. Hello, Dolly! We say: In Europe, they call this type of stuff other new provision, 15-year recovery Hello, Dolly. You have been approved ‘‘Frankenfood.’’ I worry, then, that be- period for retail improvements. for our food supply. Hello, Dolly. Wel- cause it will be unlabeled, more of our My chart shows what we have done in come to the world of the Dolly burger. exports will be banned. My State de- the Committee on Finance and what I Hello, Dolly. Welcome home to Dolly pends on the export of food—whether it am proposing here. These are the three in a glass. Hello, Dolly. Welcome to is seafood or chicken or other products. provisions covered by the amendment this plate of special cloned lamb chops I don’t want to hear one more thing before the Senate at this time. We have when you are celebrating the 25th anni- coming out of the EU about not want- added the two new provisions in green versary for your wife. I say: Goodbye, ing to buy our beef or our lamb because for new restaurants and retail, and we Dolly, the FDA’s approval was baa, they are worried that it is have extended the leasehold and res- baa, baa. Frankenfood. We need to be able to ex- taurant provision by 3 months. All I can’t stop this from being approved port our food. If it is labeled, we will be three of these would expire at the end by FDA, but I want an informed public able to do that. of March of next year. What we do in to know what they have before them. At the end of the day, I want our con- this amendment is extend them Most Americans do not want this. They sumers to have informed consent, sci- through the end of the year. The rea- should not be required to eat it. I don’t entists to be able to monitor this, and son should be obvious: For businesses think they should be required to eat it Congress to be able to provide FDA to plan ahead, they need a little bit of without knowing what it is. Therefore, oversight. I reject the notion that FDA lead time. To provide only a 3-month my legislation says any cloned food or or anyone else should allow this to go extension, for example, is not very its progeny would have to be labeled at forward without some type of declara- much tax relief. the wholesale level, at the retail level, tion about what it really is. We all acknowledge that the point of and at the restaurant level. This would Please, when we see this creature, this relief in the first place, which the ensure informed consent. To help the Dolly, in this photograph—I don’t committee unanimously agreed to, was American public make this informed know its purpose; I don’t know what it to help small business be able to offset decision, I introduced a bill to require accomplishes. We do not have a short- the cost of the minimum wage in- that all food which comes from a age of food in our country; we don’t crease. If we are going to do that, it cloned animal or its progeny be la- have a shortage of milk in our country. should be meaningful. This amendment beled. This legislation will require the For those people who want to produce simply extends from a 3-month period FDA and the Department of Agri- Dolly, we can’t stop it, but I do think to the end of the year and extends the culture to label all food that comes we should stop the FDA from putting two new provisions as well through the from a cloned animal. The label simply this into our food supply without label- end of 2009. would read, ‘‘THIS PRODUCT IS ing and without an informed consent. Let me describe each of these three FROM A CLONED ANIMAL OR ITS I say bah, bah, bah to those who want provisions. PROGENY.’’ The public would be able to bring this into our food supply. The leaseholds and restaurant ren- to decide which food they want to I yield the floor and suggest the ab- ovation provision under current law buy—and I mean all food, not just sence of a quorum. are depreciated over a 15-year period, packages in a supermarket but also the The PRESIDING OFFICER (Mr. but this treatment only applies to meals they choose from a menu. WEBB). The clerk will call the roll. property placed in service by the end of Now, the FDA has responsibility to The bill clerk proceeded to call the 2007. The amendment that came out of guarantee the safety of our food. Al- roll. the Committee on Finance, the Baucus though many aspects of food safety are Mr. KYL. Mr. President, I ask unani- Committee on Finance substitute, beyond their control, this is not. Sci- mous consent that the order for the would extend this 15-year recovery pe- entists and the American people have quorum call be rescinded. riod by 3 months for property placed in the right to know. Consumers need to The PRESIDING OFFICER. Without service by March 31, 2008. know which food is cloned and the sci- objection, it is so ordered. Under the two new provisions, new entists need to be able to monitor it. AMENDMENT NO. 115 restaurant construction, there is cur- We don’t know the long-term effect of Mr. KYL. Mr. President, my under- rently no law provision allowing for ac- cloned animals in our food supply. standing is that the pending business is celerated depreciation of new res- What factors influenced the decision amendment No. 115. taurant construction, and the Baucus to deem food from cloned animals safe? The PRESIDING OFFICER. That is Committee on Finance substitute pro- Are they allowing an eager industry to the pending question. vides to correct this problem with a 15- force questionable science on an un- Mr. KYL. Mr. President, I will briefly year recovery period for such new res- knowing public? I am not so sure. describe this amendment. It extends taurants. It is an important and nec- The FDA used to be the gold stand- for an additional period of time three essary change, but it only, under the ard, but we have heard ‘‘it is safe’’ for provisions of the Tax Code that relate Committee on Finance bill, provides too long. What if they are wrong? We to smaller businesses that the Com- the treatment from the date of enact- were told asbestos was safe. Do you mittee on Finance agreed should have ment through March 31, 2008. want asbestos in your home? We were this tax relief and provides for a more And the same thing for owner-occu- told DDT was safe. Do you want to be balanced bill in terms of the extension pied retail. There is currently no provi- sprayed with DDT? We were told tha- of the tax provisions. It deals with sion allowing for accelerated deprecia- lidomide was safe. No pregnant woman leaseholds and restaurant renovations, tion of improvements made to owner- today would take it. We were told new restaurant construction and occupied retail space. The Baucus Com- Vioxx was safe. Does anyone with a owner-occupied retail. It is identical to mittee on Finance provides a 15-year

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1377 recovery period for improvements more restaurant owners will be in a po- support this, or this or this, as shown made to such spaces, thus putting sition to grow their business and to on the chart. We do not need partisan these establishments on the same foot- continue to create more jobs. That is politics injected into this debate. So ing as leasehold. The bill provides this the key to offsetting the expenses of there is no reason now to politicize treatment from the date of enactment the minimum wage. these issues, characterizing them as through March 31, 2008. By definition, encouraging more new Republican or Democrat. The committee had recognized the restaurants to be built means more It is obvious the bill is not balanced. importance of these depreciation peri- new restaurant jobs. That is a tau- Even if you assume there should be ods for owner-occupied retail, new res- tology. This is important because the some balance, the work opportunity taurant construction, and leaseholds restaurant industry is uniquely im- tax credit, as I noted, is extended for 5 and restaurant renovations. There is pacted by a minimum wage increase. Of years, while the accelerated deprecia- no dispute about that, no debate about the nearly 2 million workers earning tion for leasehold and restaurant im- that. The only question is how far the the minimum wage, 60 percent work in provements is extended for a 3-month relief should be extended. the food service industry. Further- period. While obviously everyone appreciates more, the last time Congress increased As I noted before, the primary objec- in this case the 3-month extension, it is the minimum wage, 146,000 jobs were tion of the chairman before was over hardly enough to be able to say to cut from restaurant industry payrolls, the offset. I understand that. It was a these small businesses: We solved your according to information from the in- somewhat controversial offset. Of problem; we put a big burden of paying dustry. That is why this provision I am course, in the committee, when I of- for the minimum wage increase on you, offering today is so important. The fered this amendment, the chairman but we have enabled you to offset that very people who are going to bear the said unless I had an offset, it would be by depreciating your property more impact—namely, the workers in res- declared out of order. So we looked for quickly and being able to plan for your taurants, who could see their jobs and thought we had an offset that future construction needs. Clearly, evaporate as a result of passage of the would be approved. But it turned out that provision does not do the trick. minimum wage increase—will find that the chairman did not like that offset. Even these two new provisions, as wel- their job is going to be OK when their That was his primary objection to this come as they are, only extend the relief restaurant can expand or build a new provision. So we will simply remove through March of next year. Again, restaurant, thus creating more new that offset and provide that we will ex- what my amendment does is extend it jobs. tend the provisions for another 9 through the end of the year. That is all Instead of having to lay people off in months through the end of 2009, with- it does. order to pay the increased minimum out an offset of any tax increase. Let me illustrate the importance of wage, the businesses will be able to cre- But let me just make this point. We the tax provisions that the Finance ate more jobs and, therefore, everyone are talking about a very temporary ex- Committee passed and which we are would be able to be employed by them. tension of an important tax provision. seeking to extend by this amendment. This is the theory. The Finance Com- This leasehold and restaurant provi- If you stop and think about it, the mittee agrees with the theory by sion has been in existence now for some policy justification for a 39-year depre- adopting these two new provisions and time. We are extending it all of 3 ciation recovery period for new con- extending the existing provision for 3 months. Yet under the theory of those struction of a restaurant, for example, months. But as I said before, it did not who say it has to be offset by a new tax makes no sense at all. How many of do the job well enough. increase, we would have to perma- you know of any restaurant that has This is very modest relief and hardly nently find a source of revenue that not done a thing to the restaurant for gives a restaurant, for example, the would pay for this 3-month extension. 39 years? If you are in the restaurant confidence it can continue to make im- That is a perversion of the pay-go con- business, you have to constantly up- provements and receive the favorable cept. It is inappropriate, especially for grade your facilities. Certainly, your tax treatment, the 15-year writeoff pro- provisions that generate jobs. kitchen facilities have to be upgraded. vision we are providing in the law. We should not have to pass a perma- And new construction and renovation That is why it is important to continue nent tax increase in order to be able to should obviously be treated the same to extend it. It would be nice if it were fund a temporary provision of the Tax way. permanent, as it is for convenience Code that helps to create new jobs. As Under this bill, they are given a 15- stores. That is what it should be. It I said before, when you build a new res- year depreciation schedule. Now, that would be nice, as under the work op- taurant, you are creating new jobs. is the same depreciation schedule as portunity tax credit, if it went out That is obvious. And when you create for convenience stores, of course—a di- through the year 2012 or 2013. That new jobs, you can better afford to hire rect competitor of quick-service res- would be nice. We are simply taking it the people who would be at the min- taurants. They can use the 15-year de- to the end of the year 2009. That is not imum wage, 60 percent of whom are in preciation schedule for all construc- too much to ask to help these small the restaurant business, and there is a tion, new or renovation. Under their businesses. job there for them. provision of the Tax Code, it is perma- Let me just note a couple of the ob- So it makes sense to extend these nent law, so we do not have to extend jections that came from the chairman. provisions. The work opportunity tax it each year. The first had to do with so-called bal- credit, as beneficial as it might be, So what the Finance Committee has ancing of the work opportunity tax does not create new jobs. So if any- done is to try to bring some sense of credit and the tax relief for small busi- thing, you would want to balance with balance and fairness into the code to nesses. Now, the work opportunity tax more emphasis on these three provi- treat like properties in a like way. If credit, as you can see with this red line sions than you would under the work you are a fast-food restaurant, it does on the chart, the committee bill went opportunity tax credit. not matter whether you are a conven- to the end of 2012. And these others So I guess the bottom line of this is ience store or regular restaurant, only go through March of 2009. That is that the reason for objecting to this whether you build the place new or you hardly balanced. Moreover, all of these provision, based on the lack of an off- simply spend the money to renovate, provisions have always attracted bipar- set, does not make sense in terms of the expense of what you have done tisan support. practical economics, given the fact should be depreciated over the same It is not like the work opportunity that the provisions that we would ex- period of time. tax credit is a Democratic provision tend in 2008 are job creators and would Fifteen years is probably too long, and the retail improvements are a Re- create the very jobs that people earn- but that is the period that has been se- publican provision. We have all sup- ing the minimum wage could then lected. It should be the same for all. By ported both provisions. Both make move into. allowing restaurateurs to deduct the sense. We understand that. So it is not Without the creation of these new cost of renovations and new construc- like somehow there has to be a par- jobs, some businesses are going to have tion on this shorter schedule, many tisan reason to support this but not to lay people off, and there will not be

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1378 CONGRESSIONAL RECORD — SENATE January 31, 2007 jobs for them. This would provide for The PRESIDING OFFICER. The conditions in some of our trading part- those jobs. clerk will call the roll. ners. And many no longer trust the Mr. President, I guess the bottom The legislative clerk proceeded to Government to do its part to take care line is this: We have seen, unfortu- call the roll. of the Americans whom trade leaves nately, the debate over these amend- Mr. KYL. I ask unanimous consent behind. ments break down along primarily that the order for the quorum call be These concerns are real. They are party lines. I think that is very unfor- rescinded. deeply felt. And we cannot ignore tunate because a small business owner The PRESIDING OFFICER. Without them. True leadership requires that we can be a Republican, a Democrat, or objection, it is so ordered. address these concerns head on. The ex- anybody else. They create the bulk of Mr. KYL. Mr. President, I ask unani- piration of trade promotion authority jobs in our society. They pay a huge mous consent that all time under the allows us to have this debate. It re- amount of the taxes. They will be the previous quorum call and this quorum minds us we cannot consider renewal of ones most hard hit by the increase in call and any future quorum call be this authority in a vacuum. It under- the minimum wage. equally divided between the two sides. scores the paramount importance of re- If we pass a minimum wage increase The PRESIDING OFFICER. Without storing America’s faith and confidence with bipartisan support, it seems to me objection, it is so ordered. in our trade policy, a huge oppor- we should follow the leadership of the The Senator from Montana. tunity. In the process, we will examine Finance Committee in extending these TRADE PROMOTION AUTHORITY a series of critical issues. These are tax provisions in a bipartisan way. And Mr. BAUCUS. Mr. President, earlier issues we must address as we consider when we only extend a provision for 3 today President Bush called for re- whether to reauthorize trade pro- months, to me, it is not a good-faith newal of fast-track trade negotiating motion authority. recognition of the problem we have authority, otherwise known as trade First, we must make trade adjust- placed on that small business by the promotion authority, otherwise known ment assistance, otherwise known as imposition of the minimum wage man- as TPA. Fast-track authority expires 6 TAA, more reflective of today’s innova- date. We need to keep faith with those months from today. Many view this tive economy. TAA is America’s com- businesses by providing a longer exten- date with fear and trepidation. I do mitment to provide wage and health sion of the tax provisions that benefit not. I view it as an opportunity to take benefits while trade-displaced workers them in a way that enables them to a hard look at the direction of Amer- retool, retrain, and find better jobs. A pay for this minimum wage increase. ica’s trade policy. It is an opportunity renewed TAA must do what today’s That is how we would be keeping faith to air differences and an opportunity to program does not. It must be made with these small businesses. find common ground. available to the 8 out of 10 American So I hope we can eschew the par- Trade policy is a bargain, a bargain workers who make their money in tisanship that has characterized the struck between the American Govern- service professions. It must apply to all previous votes, we can appreciate the ment and the American people. Ameri- workers displaced by trade, not just importance of extending these provi- cans trust their Government to use those affected by free-trade agree- sions which, after all, were created in a trade policy to expand export opportu- ments. The time has come to consider totally bipartisan way in the Finance nities, create jobs, to fuel our econ- other ways to help workers displaced Committee, and we can recognize it is omy. In exchange for that trust, Amer- not just by trade but by other aspects possible to both raise the minimum icans expect their Government to make of globalization, including the advance wage for low-income workers and help sure that trade works for them, and of technology. create new jobs for them with these tax they expect their Government to take Second, we have to address concerns provisions. action when it does not. That is the that our trade agreements encourage I hope when it comes time to con- fundamental debate in which we, as a companies to move jobs to countries sider a motion to table this particular nation, must engage. Does trade work where substandard labor and environ- provision that my colleagues will vote for the American farmer, rancher? mental policies occur. We need to find against a motion to table or support Does trade work for American factory common cause with those who abhor the provisions if we have the oppor- workers? Does trade work for the child and sweatshop labor anywhere. tunity for an up-or-down vote. American economy? We need to acknowledge the justifiable The PRESIDING OFFICER. The Sen- I believe it does. I believe trade cre- ends of those who want to employ ator from Massachusetts. ates opportunities. I believe trade gen- trade to help stop despoliation of the Mr. KENNEDY. Mr. President, on be- erates American jobs. I believe trade planet. We project our values as Ameri- half of the majority leader, I ask unan- bolsters our global competitiveness. I cans when we use our trade agreements imous consent that the time until 4 believe trade allows us to project to create a race to the top. As our p.m. be equally divided and controlled America’s values to the world. And I trade agreements require our partners between Senators BAUCUS and KYL, or believe the alternative, erecting bar- to step up their protection of invest- their designees, for debate with respect riers to trade, is self-defeating and will ments and intellectual property, so our to the Kyl amendment No. 115, as not make anyone better off. That is agreements should lead to improve- modified; that at 4 p.m. the Senate pro- why, during my years in Congress, I ments in our partners’ labor and envi- ceed to vote in relation to the amend- have long supported granting the ronmental protections. ment; that upon disposition of the Kyl President fast-track authority. The Third, we cannot conclude more amendment, without further inter- success of America’s ranches and trade agreements without giving Amer- vening action or debate, all time be farms, the success of businesses big and icans the confidence that we vigorously considered yielded back and the Senate small, requires that the President have enforce those agreements already on proceed to vote on the Baucus-Reid this authority. the books. Too many of our partners substitute amendment No. 100, as Twelve million American jobs depend cheat and maintain bogus barriers amended; that upon disposition of the on exports. Exports account for a tenth against American exports. For exam- substitute amendment, there be 4 min- of our country’s gross domestic prod- ple, look at Korea’s unscientific ban on utes of debate equally divided and con- uct. Montana exports 60 percent of the beef; look at the illegal subsidies China trolled between the majority and mi- wheat grown there. grants to its manufacturers. But the nority leaders or their designees, and But there are other voices. Many trade-enforcement tools that Congress the Senate then proceed to vote on the have deep and legitimate concerns created in the 1970s and 1980s, such as motion to invoke cloture on H.R. 2, as about the effect of trade and section 301, are outdated. They no amended. globalization. Many equate trade with longer function as intended. It is time The PRESIDING OFFICER. Is there ballooning deficits, stagnating wages, to take a hard look at these tools. We objection? and job layoffs. Many view the growth should redraft them so they better ad- Without objection, it is so ordered. of China and India as threats rather dress the trade barriers that American Mr. KYL. Mr. President, I suggest the than as opportunities. Many point to exporters face in today’s global econ- absence of a quorum. abhorrent labor and environmental omy.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1379 Fourth, we cannot expect Americans Many of us support the policy behind The PRESIDING OFFICER (Mr. to support trade when they see ever- these provisions. We would not have in- SALAZAR). Are there any other Sen- ballooning trade deficits. Our trade cluded them in our bill if we did not. ators in the Chamber desiring to vote? deficit with China this year will ap- As I told the Senator from Arizona at The yeas and nays resulted—yeas 46, proach $300 billion. That is our committee markup, if we could nays 50, as follows: unsustainable. We need to get our bal- have made these provisions permanent, [Rollcall Vote No. 38 Leg.] ance sheet back in line. That requires I certainly would have done so. But the YEAS—46 us to boost U.S. exports through better underlying substitute amendment is Alexander Dole McConnell enforcement and better export pro- the product of a Finance Committee Allard Domenici Murkowski motion. That requires us to call out hearing, deliberation, and markup. It is Bayh Ensign Nelson (NE) Bennett Enzi countries such as China, possibly even balanced. It is revenue neutral. And all Roberts Bond Graham Sessions Japan, that use the value of their cur- Members supported it—it passed unani- Bunning Grassley Shelby rency to gain a trade advantage. And it mously—including the Senator from Burr Gregg Smith Arizona. Chambliss Hatch Specter means action at home to improve pub- Coburn Hutchison Stevens lic and private savings. Senators made compromises to get Cochran Inhofe Sununu Fifth, a successful trade policy this bill to the floor, and we have done Coleman Isakson Thomas means that America must be the most so. I must say, though, I admire the Collins Kyl Cornyn Lott Thune competitive nation in the world. Amer- persistence of my good friend from Ari- Craig Lugar Vitter ican workers need to know they can zona. He is the original ‘‘energy Crapo Martinez Warner compete and they can win on a global bunny’’ of tax cut amendments. I com- DeMint McCain playing field. And we need to take a mend him for that. But he was not suc- NAYS—50 good, hard look at how health care cessful in committee, and he was not Akaka Feinstein Nelson (FL) costs, our education system, and tax successful on the floor last week. I Baucus Harkin Obama policies affect America’s global com- hope and trust that that was because Bingaman Inouye Pryor the Senate would like to provide a bal- Boxer Kennedy Reed petitiveness. As I did in the last Con- Brown Kerry anced package of tax incentives. I hope Reid gress, I will push competitiveness at Byrd Klobuchar Rockefeller every opportunity. I will work for pas- and trust that the Senate wants a Cantwell Kohl Salazar sage of legislation that will guarantee package that does not worsen our def- Cardin Landrieu Sanders Carper Lautenberg Schumer America’s economic preeminence for icit. Therefore, I oppose adding another Casey Leahy Snowe years to come. $3 billion in tax provisions to this al- Clinton Levin Stabenow Conrad Lieberman With trade promotion authority ready $8 billion bill. The $8 billion is Tester about to expire, the locus of trade pol- paid for. The amendment by the Sen- Corker Lincoln Dodd McCaskill Voinovich icy shifts back to Congress. We have ator would add another $3 billion and Dorgan Menendez Webb both the opportunity and responsi- that would not be paid for. Durbin Mikulski Whitehouse bility to create the next trade policy At the appropriate time, I intend to Feingold Murray Wyden that will guide us and guide this coun- raise a budget point of order against NOT VOTING—4 try forward. We need to work together, the amendment. I strongly urge my Biden Hagel clearly, obviously, on trade to find an- colleagues to vote against the motion Brownback Johnson swers to the hard questions. We need to to waive that point of order, which I The PRESIDING OFFICER. On this work together on trade to shore up our assume will occur in not too many vote, the yeas are 46, the nays are 50. international leadership, sorely need- minutes from now. Three-fifths of the Senators duly cho- ed. And most of all, we need to work I suggest the absence of a quorum sen and sworn not having voted in the together on trade to restore our bar- and ask unanimous consent that the affirmative, the motion is rejected. gain with the American people. time be equally divided. Mr. DURBIN. I move to reconsider I suggest the absence of a quorum The PRESIDING OFFICER. Without the vote. and ask unanimous consent that the objection, it is so ordered. Mr. CARPER. I move to lay that mo- time be charged equally against both The clerk will call the roll. tion on the table. sides. The legislative clerk proceeded to The motion to lay on the table was The PRESIDING OFFICER. Without call the roll. agreed to. Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. The PRESIDING OFFICER. The The clerk will call the roll. unanimous consent that the order for point of order is sustained and the The legislative clerk proceeded to the quorum call be rescinded. amendment fails. The PRESIDING OFFICER. Without call the roll. Mr. KENNEDY. Mr. President, as I objection, it is so ordered. Mr. BAUCUS. Mr. President, I ask understand it, there is 4 minutes equal- Mr. BAUCUS. Mr. President, I raise a unanimous consent that the order for ly divided? point of order that the pending amend- the quorum call be dispensed with. ment violates section 505(a) of H. Con. AMENDMENT NO. 100, AS AMENDED The PRESIDING OFFICER. Without Res. 95, the concurrent resolution on The PRESIDING OFFICER. The Sen- objection, it is so ordered. the budget for fiscal year 2004. On be- ator will withhold. Mr. BAUCUS. Before the Senate Under the previous order, the ques- half of Senator KYL, I move to waive today is the exact same amendment of- tion now is on agreeing to the sub- fered by my colleague from Arizona, the applicable provisions for the consideration of the amendment, and I ask stitute amendment, as amended. Senator KYL, that the Senate rejected The amendment (No. 100), as amend- last Thursday. The only difference is for the yeas and nays. The PRESIDING OFFICER. Is there a ed, was agreed to. that Senator KYL has modified the sufficient second? Mr. KENNEDY. Mr. President, I amendment to make it even more per- There appears to be a sufficient sec- move to reconsider the vote. nicious; that is, by removing the offset. ond. Mr. ENZI. I move to lay that motion Thus, the pending amendment would The question is on agreeing to the on the table. add nearly another $3 billion to the def- motion. The motion to lay on the table was icit in the next 10 years. The clerk will call the roll. agreed to. The Senate rejected the Kyl amend- The legislative clerk called the roll. CLOTURE MOTION ment last week, but we are here yet Mr. DURBIN. I announce that the The PRESIDING OFFICER. There again today considering these same Senator from Delaware (Mr. BIDEN) and will now be 4 minutes of debate equally issues. This time around, my colleague the Senator from South Dakota (Mr. divided before the cloture vote on the does not attempt to offset those cuts. JOHNSON) are necessarily absent. bill. Rather, his amendments would put an- Mr. LOTT. The following Senators The Senator from Wyoming is recog- other $3 billion hole in our budget. The were necessarily absent: the Senator nized. amendment would pile onto a deficit from Kansas (Mr. BROWNBACK) and the Mr. ENZI. Mr. President, I rise today that we are desperately trying to erase. Senator from Nebraska (Mr. HAGEL). to speak in support of cloture on the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1380 CONGRESSIONAL RECORD — SENATE January 31, 2007 underlying bill. I appreciate the wise a present to go to a birthday party, and The yeas and nays are mandatory direction that this body has decided who can’t spend enough time with under the rule. upon with regard to the minimum their parents, because their parents are The clerk will call the roll. wage. We have correctly concluded working 2 or 3 jobs. Today there are The assistant legislative clerk called that raising the minimum wage with- 50,000 wives or husbands of soldiers the roll. out providing relief for the small busi- serving in our armed forces who are Mr. DURBIN. I announce that the nesses that must pay for that increase earning the minimum wage. We can do Senator from Delaware (Mr. BIDEN) and is simply not an option. I hope this is a favor for those individuals and treat the Senator from South Dakota (Mr. an approach that our colleagues in the them with respect and dignity by vot- JOHNSON) are necessarily absent. House will not derail. This approach ing for the increase in the minimum Mr. LOTT. The following Senators recognizes that small businesses have wage. We ought to do that right now. were necessarily absent: the Senator been the steady engine of our growing Mr. President, I ask unanimous con- from Kansas (Mr. BROWNBACK) and the economy and they have been the source sent that we vote on final passage right Senator from Nebraska (Mr. HAGEL). of new job creation. It, also, recognizes now. The PRESIDING OFFICER. Are there that small businesses in every sense of The PRESIDING OFFICER. Is there any other Senators in the Chamber de- the phrase are middle class families objection? siring to vote? too. Mr. ENZI. Mr. President, we have a The yeas and nays resulted—yeas 88, I am proud the body has chosen a process that is set up and a vote that is nays 8, as follows: path which attempts to preserve this called for, and I think we ought to fol- [Rollcall Vote No. 39 Leg.] segment of the economy which employs low that process. I think we have made YEAS—88 so many working men and women and a lot of progress, and as long as we con- Akaka Enzi Murray trains them. The Senate has recognized tinue to have progress in a bipartisan Alexander Feingold Nelson (FL) the simple fact that a raise in the min- way, this will make it through the Allard Feinstein Nelson (NE) imum wage is of no benefit to a worker process. It has been something every- Baucus Graham Obama body pledged themselves to early, and I Bayh Grassley Pryor without a job or a job seeker without a Bennett Gregg hope we haven’t broken that pledge. I Reed prospect. Bingaman Harkin Reid As this Congress moves forward, we object. Bond Hatch Roberts Boxer Hutchison will need to confront a range of issues The PRESIDING OFFICER. Objec- Rockefeller Brown Inhofe Salazar facing working families. Lessons in tion is heard. Bunning Inouye this debate should not be forgotten as The majority leader is recognized. Burr Isakson Sanders we approach complex issues. Yester- Mr. REID. Mr. President, before the Byrd Kennedy Schumer vote is called, I wish to alert everyone Cantwell Kerry Sessions day, we were referencing the so-called Cardin Klobuchar Shelby war on the middle class. That is par- here that the distinguished Republican Carper Kohl Smith tisan rhetoric which was never accu- leader and I are negotiating, trying to Casey Landrieu Snowe rate and is now simply divisive. Who is work something out on Iraq, which is Chambliss Lautenberg Specter the next issue we will go to when we Clinton Leahy Stabenow more middle class than America’s Cochran Levin Stevens small business men and women? Tax finish this bill, which will be tomorrow Coleman Lieberman Sununu relief to the middle-class small busi- sometime. It is very possible we are Collins Lincoln Tester ness owners who must pay the cost of going to have a vote Monday at noon Conrad Lott Thomas Corker Lugar Thune this wage increase mandate is no at- on the Iraq issue—everyone should un- Cornyn McCain derstand that—Monday at noon. We Voinovich tack on the middle class. An attack Dodd McCaskill Warner Dole would be passing the bill without such hope that be can avoided, but we may McConnell Webb Domenici Menendez not be able to avoid it. The Republican Whitehouse tax relief. Dorgan Mikulski Wyden I urge my colleagues to support clo- leader and I are doing our best to work Durbin Murkowski ture, and I yield the floor. something out. We have had a number NAYS—8 The PRESIDING OFFICER. The Sen- of meetings, and we will continue to do ator from Massachusetts is recognized. that throughout the day. Coburn DeMint Martinez Craig Ensign Vitter Mr. KENNEDY. Mr. President, it has CLOTURE MOTION Crapo Kyl been 8 days—8 days since we started The PRESIDING OFFICER. Under NOT VOTING—4 this debate on the minimum wage. the previous order and pursuant to rule Every Member of this body has made Biden Hagel XXII, the Chair lays before the Senate Brownback Johnson $4,500, and yet we haven’t been able to the pending cloture motion, which the get an increase in the minimum wage clerk will state. The PRESIDING OFFICER. On this from $5.15 to $7.25. Forty-five hundred The legislative clerk read as follows: question, the yeas are 88, the nays are 8. Three-fifths of the Senators duly dollars, everyone has made in this CLOTURE MOTION chosen and sworn having voted in the body, but minimum wage workers have We, the undersigned Senators, in accord- still been denied. Eight days. ance with the provisions of rule XXII of the affirmative, the motion is agreed to. How long does it take? How long does Standing Rules of the Senate, do hereby Mr. SCHUMER. I suggest the absence it take for this body to be able to say: move to bring to a close the debate on Cal- of a quorum. Yes, we are going to increase the min- endar No. 5, H.R. 2, as amended, providing for The PRESIDING OFFICER. The imum wage. How many more amend- an increase in the Federal minimum wage. clerk will call the roll. ments are over there on the Republican Ted Kennedy, Barbara A. Mikulski, Dan- The assistant legislative clerk pro- iel K. Inouye, Byron L. Dorgan, Jeff side? We have none. We are prepared to ceeded to call the roll. Bingaman, Frank R. Lautenberg, Jack Mr. DURBIN. Mr. President, I ask vote on final passage right now. But Reed, Barbara Boxer, Daniel K. Akaka, oh, no, we can’t do that. There should Max Baucus, Patty Murray, Maria unanimous consent that the order for be no doubt in the minds of working Cantwell, Tom Harkin, Robert Menen- the quorum call be rescinded. families, of the middle class, who is dez, Tom Carper, Harry Reid, Charles The PRESIDING OFFICER. Without standing for those who are earning the E. Schumer, Richard Durbin. objection, it is so ordered. minimum wage. The PRESIDING OFFICER. By unan- f Since we started this debate, there imous consent, the mandatory quorum have been thousands of meals that call has been waived. MORNING BUSINESS have been served in nursing homes. The question is, Is it the sense of the Mr. DURBIN. Mr. President, I ask There have been thousands of beds that Senate that debate on H.R. 2, as unanimous consent that the Senate have been made in hotels around this amended, an act to amend the Fair proceed to a period of morning business country. There are 6 million children Labor Standards Act of 1938 to provide with each Senator allowed to speak for who will benefit from this increase in for an increase in the Federal min- no more than 10 minutes and that the the minimum wage, who can’t afford imum wage, shall be brought to a time shall run against postcloture books to read, who can’t afford to buy close? time.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1381 The PRESIDING OFFICER. Without margins. Finally, in his last race in comfort in knowing that just as his in- objection, it is so ordered. 1978, he didn’t have an opponent. He fluence in Congress has lasted beyond f would have been reelected again in those 10 years of service, Robert 1980, but he was forced to step down Drinan’s influence on this world will TRIBUTE TO FATHER ROBERT when Pope John Paul II barred Catho- continue to be felt long after we are all DRINAN lic priests from holding elective office. gone. Mr. DURBIN. Mr. President, last Oc- Father Drinan left office, but he never I yield the floor and suggest the ab- tober, my alma mater, Georgetown left the struggle. He continued to work sence of a quorum. Law Center, established an endowed and speak out for justice until the day The PRESIDING OFFICER. The chair in human rights in honor of Fa- he died. clerk will call the roll. ther Robert Drinan. At the ceremony, In 1981, he took a post at Georgetown The assistant legislative clerk pro- Yale Law School Dean Harold Koh Law Center where he taught human ceeded to call the roll. called Robert Drinan ‘‘a father in more rights, civil liberties, and government Mr. GRASSLEY. Mr. President, I ask senses than one.’’ Dean Koh said: ethics. He taught his students that the unanimous consent that the order for He is the father of a remarkable revolu- central commandment of the Bible is the quorum call be rescinded. tion—a human rights revolution—a person of that ‘‘the people of God must be de- The PRESIDING OFFICER. Without simple, radical faith. voted to justice in every way.’’ He objection, it is so ordered. Sunday night, at the age of 86, Rob- taught that it is a sin that 31,000 chil- ert Drinan died. The world has loss a f dren die of starvation every day in this courageous champion for justice, SEC INVESTIGATION FINDINGS world. He urged his students, all of us: human rights, and human dignity. Mr. GRASSLEY. Mr. President, I am I just missed Father Drinan. I grad- ‘‘Sharpen your anger at injustice.’’ Use the talents God gave you to make this very happy to be on the floor with my uated from Georgetown Law before he colleague Senator SPECTER on some- joined the faculty, and he left Congress world better. Two months ago Father Drinan told thing we have worked on together over before I arrived. So I never had the a reporter that he hadn’t given any a long period of time, and it falls very chance to study and work with him di- thought to retiring; there was just too much into the category of congres- rectly. But like a lot of others, I was much left to do. And, he said, ‘‘Jesuits sional oversight. I am not going to go inspired and challenged by him. into the details now because I have a Georgetown University estimates don’t ordinarily retire. We just do what statement I want to use as a basis for that Father Drinan taught 6,000 stu- you do.’’ our cooperation, and then you will hear dents in a teaching career that Earlier this month Father Drinan from Senator SPECTER. I want to say stretched over more than five decades. was called on for a particularly sym- how great it was to work with Senator But those are just the students who en- bolic ceremony. He celebrated Mass for SPECTER. rolled in his classes at Boston College Speaker NANCY PELOSI at her alma We are here to update the Senate on and, later, at Georgetown. In fact, he mater in Washington, Trinity College. the interim Finance Committee find- taught a lot of people. He taught all of It was a special mass in honor of ‘‘the ings of the joint investigation into the us about the responsibility each of us children of Darfur and Katrina.’’ has to speak out for the voiceless and Father Drinan spoke to our con- Securities and Exchange Commission the oppressed, not just to speak, but to science. He spoke for the overlooked that was conducted by the Finance work for justice. and underpaid, for those who were too Committee on the one hand, and the In the 1960s, as dean of Boston Col- poor or too weak to speak for them- Judiciary Committee on the other, dur- lege Law School, Father Drinan selves. He spoke out in passionate de- ing the 109th Congress. showed courage by calling for the defense of the great moral and political Before I go into details, there is an- segregation of Boston’s public schools. values of our Nation. other person I would thank for his co- He challenged his students at the law In his lifetime he received many operation. I want to take this oppor- school to become active in the civil awards. Last May he received tunity to thank Securities and Ex- rights movement. Congress’s Distinguished Service change Commission Chairman Chris- In 1970, the people of Boston’s west- Award for his service in the House. The topher Cox for his cooperation in pro- ern suburbs elected Father Drinan to American Bar Association honored him viding access to thousands of pages of represent them in Congress, making with the ABA medal for his work on documents, as well as interviews with him the first Catholic priest ever to behalf of human rights. He was a the staff at the Securities and Ex- serve as a voting Member of Congress. founder of the Lawyers Alliance for change Commission. Chairman Cox’s He ran as a strong opponent of the Nuclear Arms Control; president of cooperation was very essential to our Vietnam war. He was the first Member Americans for Democratic Action; a ability to conduct our constitutionally of Congress to call for the impeach- member of the national board of Com- mandated oversight of Federal agen- ment of Richard Nixon, but not over mon Cause, People for the American cies. Watergate, rather over the undeclared Way, the Lawyers’ Committee for That said, I hope Chairman Cox takes war against Cambodia. He fought to Human Rights, the National Interreli- today’s findings to heart and will work make human rights the cornerstone of gious Task force on Soviet Jewry, the to implement recommendations Sen- American foreign policy and to estab- American Civil Liberties Union, and ator SPECTER and I plan to put forth lish a bureau for human rights within the NAACP Legal Defense Fund. into the forthcoming final report. the U.S. State Department. He fought He received 22 honorary degrees from Today, we want to update the Senate against government abuses of power colleges and universities. One of those on some of the details of our investiga- and led a successful battle to finally degrees, given to him by Villanova Uni- tion, which began early last year when abolish the House Internal Security versity in 1977, hung on the wall of his allegations were presented to our staffs Committee, formerly the Un-American office in the House of Representatives. by former Securities and Exchange Activities Committee, which we recall It read: Commission attorney Gary Aguirre. was responsible for so many unjust Your life’s work has provided proof that Mr. Aguirre described the roadblocks findings by this Congress, ruining the service to God and country are not inimical. he faced in pursuing an insider trading private lives of so many American citi- How true. investigation while he was employed as zens. In his sermon on the mount, Jesus a senior enforcement attorney at the In 1975, he became the first American told us: Securities and Exchange Commission. to receive his own CIA and FBI files Blessed are they who hunger and thirst Specifically, he alleged his supervisor under the Freedom of Information Act. after justice: for they shall have their fill. prevented him from taking the testi- With Congressman Frank Church and Robert Drinan is, indeed, blessed, and mony of a prominent Wall Street figure others, he worked to safeguard our we were blessed to have him serving because of his ‘‘political clout,’’ which right to privacy. America for so many years. Those of us obviously should not be ignored if an Father Drinan was elected to five who admired him and loved him were agency is doing the job they should be terms in Congress, each time by larger saddened by his death. But we take doing.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1382 CONGRESSIONAL RECORD — SENATE January 31, 2007 Well, after Mr. Aguirre complained I join Senator GRASSLEY in com- cluding that it was ‘‘highly suspect and about that sort of preferential treat- mending the Chairman of the SEC, illogical’’ to link Mr. MACK as the tip- ment given to somebody with ‘‘polit- Christopher Cox, for his cooperation, per, but in his prior writings he said, in ical clout,’’ his supervisors terminated and I also join Senator GRASSLEY in written form, ‘‘Mack is another bad him from the SEC while he was on va- urging Chairman Cox and the SEC to guy.’’ cation. do more. The oversight which our two The rationale used by the SEC offi- The interim findings we released committees undertook constituted a cials who denied Mr. Aguirre’s request today outlined the three primary con- review of over 9,000 pages of documents to take the testimony of Mr. MACK was cerns shared by Senator SPECTER and and the interviewing of 19 witnesses that they wanted to get ‘‘their ducks in me. First, the SEC’s investigation into over the course of 24 interviews. a row.’’ But the overwhelming evidence Pequot Capital Management was The Judiciary Committee, on which in the matter showed that the testi- plagued with problems from its begin- we both serve, held a series of three mony should have been taken at a ning to its abrupt conclusion. Second, public hearings regarding this matter, much earlier stage. There is no prob- the termination of Mr. Aguirre by the most recently on December 5, 2006, lem with taking testimony again if SEC was highly suspect given the tim- when the committee heard detailed necessary at a later stage. sworn testimony from current and ing and the circumstances. Thirdly, the A key SEC investigator, Mr. Hilton former SEC employees involved in the original investigation conducted by the Foster, with knowledge of the Pequot so-called Pequot investigation. SEC Office of Inspector General was matter, said, ‘‘As the SEC expert on in- both seriously and fatally flawed. The Based upon our review of the evi- sider trading, if people had asked me, inspector general’s failure required our dence, we have serious concerns, which ‘When do you take his testimony,’ I committees to take a more thorough are documented in a lengthy report, would have said take it yesterday.’’ look at Mr. Aguirre’s allegations and which we will make a part of the examine this matter closely. Taken to- record, plus supplemental documents. Mr. Joseph Cella, Chief of the SEC’s gether, these findings paint a picture of Our investigation has raised concerns Market Surveillance Commission, told a troubled agency that faces serious about, first, the SEC’s mishandling of committee investigators, ‘‘it seemed to questions about public confidence, the the Pequot investigation before, dur- me that it was a reasonable thing to do integrity of its investigations, and its ing, and after the firing of Mr. Gary to bring Mack in and have him tes- ability to protect all investors, large Aguirre; secondly, the circumstances tify,’’ and ‘‘in my mind there was no and small, with an even hand. under which Mr. Aguirre was termi- down side.’’ The SEC should have taken Mr. nated; and third, the manner in which Mr. MACK’s testimony was taken 5 Aguirre’s allegations more seriously the SEC’s Inspector General’s Office days after the statute of limitations and very seriously. Instead, it does like handled Mr. Aguirre’s allegations after expired. But let me point out at this too many agencies do when under fire: he was fired. juncture that even though the statute it circled the wagons and it shot a Viewing these concerns as a whole, of limitations has expired, there is in- whistleblower—an all too familiar we believe a very troubling picture junctive relief and other action that practice in Washington, DC. As we evolves. At best, the picture shows ex- can yet be taken by the SEC. know, whistleblowers are about as wel- traordinarily lax enforcement by the The problems with the Pequot inves- come as a skunk at a picnic. SEC, and it may even indicate a cover- tigation are amplified by the suspect There is more information to follow up by the SEC. We are concerned, first termination of Mr. Aguirre. On June 1, and more details that need to come to of all, as detailed in this report, that 2005, in a performance plan and evalua- light. Senator SPECTER and I together the SEC failed to act on the GE/Heller tion, Mr. Aguirre was given an accept- plan on releasing a comprehensive re- trades for years. We are concerned able rating, and Mr. Hanson, on June port in the near future. For now, I hope about the suggestions of political 29, 2005, noted Mr. Aguirre’s ‘‘un- these interim findings will spur the power which was present in the inves- matched dedication’’ to the Pequot in- SEC to consider meaningful reforms. I tigation, which has all of the earmarks vestigation and ‘‘contributions of high urge all my colleagues to read these of a possible obstruction of justice. quality.’’ These evaluations were sub- important interim findings and to read There is sworn testimony by Mr. mitted to the SEC’s Compensation the final report when it is made avail- Gary Aguirre that he was told in a Committee, which later approved Mr. able. face-to-face meeting with his imme- Hanson’s recommendation on July 18. I yield the floor. diate supervisor, Branch Chief Robert Despite these favorable reviews, The PRESIDING OFFICER. The Sen- Hanson, that he could not take the tes- Aguirre’s supervisors wrote a so-called ator from Pennsylvania. timony of Mr. John Mack, who was supplemental evaluation on August 1, Mr. SPECTER. Mr. President, I thought to have leaked confidential in- and this reevaluation on August 1 oc- would like to begin by thanking my formation. Mr. Aguirre testified that curred 5 days after Mr. Aguirre sent su- distinguished colleague, Senator Mr. Hanson refused to allow the taking pervisor Berger an e-mail saying that GRASSLEY, for his outstanding work on of testimony, as Mr. Aguirre pointed he believed the Pequot investigation the issues which he has just addressed. out, because of Mr. Mack’s ‘‘powerful was being halted because of Mr. MACK’s Senator GRASSLEY and I have a long political contacts.’’ political power. record of working together. We were Now, Mr. Hanson denied to the SEC elected together in November 1980 with inspector general and to the committee There was an investigation by the in- the election of Ronald Reagan. There that he ever said that, but we have spector general of the SEC, and in my were 16 members of the incoming class contemporaneous e-mails, for example, years in the Senate and hearing many of Republican Senators at that time. where Mr. Hanson admitted to a very inspectors general testify, I can’t recall Two Democrats were elected. similar statement when he wrote to hearing an inspector general who said In the intervening years, Senator Mr. Aguirre on August 24, 2005, ‘‘Most less, did less, and was more thoroughly GRASSLEY and I have become the sole importantly, the political clout I men- inadequate in the investigation. For survivors, and we have done a great tioned to you was a reason to keep example, the inspector general’s staff deal of work together. Paul,’’ referring to a man named Paul said, ‘‘we don’t second guess manage- We sit together on the Judiciary Berger, ‘‘and possibly Linda,’’ referring ment’s decisions. We don’t second Committee, and Senator GRASSLEY has to a woman named Linda Thomsen, ‘‘in guess why employees are terminated.’’ had a very distinguished record as the loop on the testimony.’’ Now, that Well, that is precisely the purpose of chairman of the Senate Finance Com- is conclusive proof of the political having an inspector general. The pur- mittee during the 109th Congress, and I clout or at least what Mr. Hanson pose of having an inspector general is chaired the Judiciary Committee dur- thought was political clout when the to review those kinds of decisions. ing the 109th Congress. We are making SEC made a decision not to permit the The inspector general testified that a presentation today of interim find- taking of key testimony, the testi- he was given advice by the Department ings on the investigation into potential mony of Mr. MACK. of Justice, which made absolutely no abuse of authority at the Securities Mr. Hanson submitted a written sense. This appears in some detail in and Exchange Commission. statement to the committee con- the record.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1383 Then the inspector general initiated amined allegations that the Securities and son and Assistant Director Mark Kreitman, an attempt to take what was really pu- Exchange Commission (SEC) abused its au- initially were enthusiastic about inves- nitive action against Mr. Aguirre by thority in handling its now-closed investiga- tigating Pequot and Mr. Mack as the pos- seeking enforcement of a subpoena for tion of suspicious trading by the hedge fund sible supplier of inside information to Pequot Capital Management (‘‘Pequot’’ or Pequot. Indeed, after Aguirre developed a documents which were involving Mr. ‘‘PCM’’). We submit these preliminary find- plausible theory connecting Mack to the Aguirre’s communications with Con- ings based upon the evidence received by trades, Hanson wrote on June 3, 2005, in an gress. Now, how can an individual com- both Committees to date because we believe email that ‘‘Mack is another bad guy (in my municate, talk to an oversight com- it is important to share with the full Senate. view)’’ (Attachment 1). And on June 14, 2005 mittee, such as the Judiciary Com- Between July 2006 and the end of the 109th Aguirre’s supervisors Hanson and Kreitman mittee or the Finance Committee, if Congress, the Senate Judiciary and Finance authorized him to speak with federal pros- those communications are going to be Committees conducted a joint investigation ecutors concerning the trades. Six days later subject to a subpoena by the SEC, by into allegations raised by former SEC em- on June 20, 2005, in response to a more com- ployee Gary Aguirre. Mr. Aguirre contends the inspector general? It is just prepos- prehensive analysis of his theory regarding that his efforts to investigate potentially Mack, Hanson wrote: ‘‘Okay Gary you’ve terous. We have constitutional over- massive insider trading violations by Pequot given me the bug. I’m starting to think sight responsibilities, and we obviously were thwarted by his superiors when his in- about the case during my non work hours’’ cannot conduct those responsibilities if vestigation increasingly focused on current (Attachment 2). the information we glean is going to be Morgan Stanley Chief Executive Officer What is troubling is how this enthusiasm subject to somebody else’s review. John Mack. Mr. Aguirre also alleges that his waned after public reports on June 23, 2005, The subpoena wasn’t pursued, but the insistence on taking Mr. Mack’s testimony that Morgan Stanley was considering hiring lack of judgment—and it is hard to find met resistance within the SEC and ulti- Mack as its new CEO. Specifically, we are a strong enough word which is not in- mately led to his firing. In addressing these concerned about the circumstances leading sensitive to describe the inspector gen- allegations, we have focused on the internal to the decision by Aguirre’s supervisors to processes of the SEC. We have not attempted delay taking Mack’s testimony. The Judici- eral’s conduct in trying to subpoena to decide the merits of the underlying ary Committee received sworn testimony the records of the Senate Judiciary Pequot insider trading investigation and, at from Aguirre that he was told in a face-to- Committee and the Senate Finance this juncture, take no position on whether face meeting with his immediate supervisor, Committee. It just made absolutely no Pequot or Mack violated any securities laws. Hanson, that he could not take Mack’s testi- sense. To date, Committee investigators have re- mony because of his ‘‘powerful political con- We hope that the SEC will reopen its ceived and reviewed over 9,000 pages of docu- tacts.’’ While Hanson denied to the SEC/IG investigation even though the statute ments and interviewed nineteen (19) key wit- and to the Committees that he ever said of limitations has run on criminal pen- nesses over the course of twenty-four (24) that, we question his denial because of con- alties. It has run because of the inac- interviews. The Judiciary Committee also flicting contemporaneous emails. For exam- held a series of three (3) public hearings re- ple, Hanson admitted to a very similar state- tion of the SEC waiting so long to start garding this matter—most recently on De- ment when he wrote to Aguirre on August 24, the investigation, then not taking Mr. cember 5—when the Committee heard de- 2005, ‘‘Most importantly the political clout I MACK’s testimony until 5 days after the tailed sworn testimony from current and mentioned to you was a reason to keep Paul statute of limitations had expired. Not- former SEC employees involved in the [Berger] and possibly Linda [Thomsen] in the withstanding that, there are other Pequot investigation. loop on the testimony’’ (Attachment 3, em- remedies, such as disgorgement, which Based on our review of this evidence we phasis added). He also used the term ‘‘juice’’ still may be pursued. have serious concerns. As discussed further when referring to Mack’s attorneys (Attach- The oversight function of Congress, below, our primary concerns involve: (1) the ment 4). Another witness testified before the as we all know, is very important. Pur- SEC’s mishandling of the Pequot investiga- Judiciary Committee that Hanson referred tion before, during, and after Aguirre’s fir- suing an investigation of this sort is to Mack’s ‘‘prominence’’ as a reason for not ing; (2) the circumstances under which taking his testimony (Attachment 5). highly technical, but we have done so, Aguirre was terminated; and (3) the manner To be sure, Hanson’s supervisor, Mark so far, in a preliminary manner. We be- in which the SEC’s Inspector General’s office Kreitman, also referred to John Mack’s lieve this matter is of sufficient impor- handled Aguirre’s allegations after he was ‘‘prominence.’’ Speaking about former U.S. tance so that Senator GRASSLEY and I fired. Viewing these concerns as a whole, we Attorney Mary Jo White’s contact with SEC have come to the floor jointly today to believe a troubling picture emerges. At best Enforcement Director Linda Thomsen re- make a statement. the picture shows extraordinarily lax en- garding the Pequot investigation, Kreitman On behalf of Senator GRASSLEY and forcement by the SEC. At worse, the picture told the Inspector General’s Office, ‘‘White is myself, I ask unanimous consent that is colored with overtones of a possible cover- very prestigious and it isn’t uncommon for the full text of the interim findings on up. Either way, we believe the SEC must someone prominent to have someone inter- the investigation of potential abuse of take corrective and preventative action to vene on their behalf’’ (Attachment 6). ensure that future investigations, internal Kreitman’s supervisor, Associate Director authority of the Securities and Ex- and external, do not follow the same path as Paul Berger, also brought up the issue of change Commission be printed in the the Pequot matter. prominence, when asked whether he could ECORD R , together with extensive docu- FINDINGS remember examples of witnesses other than mentation which supports the findings. THE SEC’S INVESTIGATION OF PEQUOT WAS John Mack for whom he required a staff at- Again, we acknowledge the coopera- PLAGUED WITH PROBLEMS torney to prepare a memorandum to justify the taking of investigative testimony (At- tion of Chairman Cox and the SEC, and The SEC Failed To Act on the GE/Heller Trades tachment 7). we ask that further investigation be for Years We also have reason to question Hanson’s undertaken there. It is a matter of con- The alleged insider trading occurred in tinuing oversight concern to Senator credibility given certain inconsistent state- July 2001 when Pequot CEO Arthur Samberg ments that he gave to the Judiciary Com- GRASSLEY and myself and the respec- began purchasing large quantities of Heller mittee during its December hearing. Specifi- tive committees where we now serve as Financial stock while also shorting General cally, we find it difficult to reconcile Han- ranking members. Electric (‘‘GE’’) stock a few weeks before the son’s submitted written statement to the Mr. President, I ask Senator GRASS- public announcement that GE would pur- Committee concluding that it was ‘‘highly LEY, what did I leave out? chase Heller. On January 30, 2002, the NYSE suspect and illogical’’ to link Mack as the Mr. GRASSLEY. You didn’t leave ‘‘highlighted’’ some of these trades for the tipper with his prior writings that ‘‘Mack is anything out, but we did ask unani- SEC as a matter that warranted further another bad guy (in my view)’’ (Attachment mous consent that this be put in. scrutiny and surveillance. But it appears 8). Moreover, it bears noting that despite There being no objection, the mate- that the SEC did next to nothing to inves- Hanson’s statement that Aguirre’s theory tigate these trades until after Aguirre joined rial was ordered to be printed in the was ‘‘highly suspect and illogical’’ the SEC the Commission over 2 years later on Sep- ultimately took Mack’s testimony on Au- RECORD, as follows: tember 7, 2004. In fact, it is clear to us that gust 1, 2006. Furthermore, we are troubled by THE SPECTER-GRASSLEY INTERIM Aguirre was the driving force behind the in- Hanson’s failure to recall a key investment FINDINGS ON THE INVESTIGA- vestigation of the GE-Heller trades that had that Mack entered into with the help of TION INTO POTENTIAL ABUSE OF otherwise remained dormant at SEC since Pequot prior to his alleged passing of inside 2002. AUTHORITY AT THE SECURITIES information to Pequot CEO Samberg regard- The Circumstances Surrounding the Investiga- AND EXCHANGE COMMISSION ing the GE-Heller transaction. Hanson’s fail- tion of John Mack as the Potential Tipper ure to recall this transaction at the hearing OVERVIEW Are Highly Suspect raises doubt as to whether Aguirre’s theory These findings follow the Judiciary Com- The evidence shows that Aguirre’s imme- regarding Mack was ever taken seriously by mittee’s December 5, 2006, hearing that ex- diate supervisors, Branch Chief Robert Han- his supervisors at the SEC.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1384 CONGRESSIONAL RECORD — SENATE January 31, 2007 Moreover, we question the rationale ad- about his communications with Arthur mittee staff, and in their hearing testimony. vanced by Aguirre’s supervisors in not tak- Samberg and Pequot’s trading in Heller and In doing so, we have noted the considerable ing Mack’s testimony: to get ‘‘their ducks in GE. By contrast, it took Mary Jo White only lack of contemporaneous documents cor- a row.’’ While reasonable minds may dis- two days to do so. On the Sunday after Mor- roborating the concerns they raised. agree on an appropriate investigative strat- gan Stanley’s Board of Directors hired her For example, the IG’s closing memo cites egy, the SEC’s rationale for delaying the and her firm, Debevoise & Plimpton, to look his supervisors’ concerns about subpoenas taking of Mack’s testimony runs contrary to into Mack’s potential exposure in the Pequot that Aguirre issued allegedly in violation of what insider trading experts have told us and investigation, she quickly obtained docu- law. While his supervisors now claim that contrary to what others within the SEC be- ments and questioned Mack about specific this was a significant error, which seriously lieved at the time. According to Mr. Hilton emails with Arthur Samberg. The SEC undermined their confidence in Aguirre, they Foster, an experienced former SEC investi- should have been at least as curious about have produced no documents to the Commit- gator with knowledge of the Pequot matter: Mack’s answers as Mary Jo White was. tees suggesting that they viewed it that way ‘‘as the SEC expert on insider trading, if peo- The Problems With the Pequot Case Are Ampli- at the time. Another example is Hanson’s al- ple had asked me, ‘when do you take his tes- fied by the Testimony of Other SEC Employ- legation that Aguirre behaved ‘‘unpro- timony,’ I would have said take it yester- ees fessionally’’ while taking the testimony of day.’’ In addition, Joseph Cella, Chief of the Our concerns are further heightened by the Arthur Samberg. This allegation is based on SEC’s Market Surveillance Division, told testimony of one key SEC employee who second-hand knowledge, as Hanson did not Committee investigators, ‘‘it seemed to me raised issues with the manner in which the actually attend the testimony. Moreover, that it was a reasonable thing to do to bring Pequot investigation was handled. Specifi- the SEC has not produced records to the Mack in and have him testify,’’ and ‘‘in my cally, the Judiciary Committee received Committees suggesting that Hanson or any mind there was no down side[.]’’ compelling sworn testimony from SEC Mar- of his other supervisors were concerned at The explanation offered by Aguirre’s super- ket Surveillance Branch Chief Eric Ribelin the time about the way Aguirre took the visors that without direct evidence that who sought recusal from the Pequot inves- Samberg testimony. In fact, Hilton Foster Mack had knowledge of the GE transaction— tigation shortly after Aguirre’s termination told the Committees that he planned to use what Aguirre’s supervisors referred to as because, as he alleged at the time, ‘‘some- a portion of the transcript as a model for proving Mack went ‘‘over the wall’’ (Attach- thing smells rotten.’’ Ribelin also explained how to take testimony in his training of new ment 3)—the deposition would consist simply to the Judiciary Committee that he believed SEC attorneys. A third former SEC employee of a denial by Mack is not at all convincing. Aguirre’s supervisors, especially Associate told staff that the testimony of current SEC Indeed, although the SEC apparently never Director Paul Berger, failed to ‘‘support the supervisors at the December 5, 2006 hearing found such direct evidence, the SEC did man- aggressiveness and tenacity of [Aguirre]’’ concerning the reasons for terminating age to question Mack for over 4 hours when (Attachment 5). This is significant testi- Aguirre were not consistent with that em- it finally took his testimony on August 1, mony from a witness who felt it was his duty ployee’s experience with Aguirre. 2006, after the statute of limitations had ex- to come forward and testify. As such, we Aside from these inconsistencies, the pired. And although Aguirre’s supervisors trust that Commissioners at the SEC will greater concern is with the timing of advance the rationale that taking Mack’s take every step to ensure that no retaliation Aguirre’s re-evaluation. Aguirre’s super- testimony in the summer of 2005 would have against Ribelin will occur. visors prepared the re-evaluation on August 1 after the Compensation Committee (on been merely premature, this notion is con- THE SEC’S TERMINATION OF AGUIRRE IS which Berger sat) had already approved the tradicted by the staff attorney who took the HIGHLY SUSPECT lead in the investigation after Aguirre was merit pay increase for Aguirre and most sig- The documents and testimony adduced by fired. In particular, shortly before taking nificantly, 5 days after Aguirre sent Berger the Committees show that Aguirre, a proba- Mack’s deposition in August 2006, that attor- an email saying that he believed the Pequot tionary employee while at the SEC, was a ney wrote explicitly in a July 19, 2006, email investigation of Mack was being halted be- smart, hardworking, aggressive attorney that the rationale for taking Mack’s testi- cause of Mack’s political power. who was passionately dedicated to the mony was not a matter of being ‘‘pre- Finally, there are questions about Paul Pequot investigation. These positive at- mature’’ but rather an issue of establishing Berger’s outside employment with the law tributes were noted in a June 1, 2005 ‘‘Per- the necessary ‘‘prerequisite’’ of when Mack firm of Debevoise & Plimpton—the private formance Plan and Evaluation’’ prepared by had obtained inside information (Attach- firm that represented John Mack’s prospec- Kreitman which give Aguirre an ‘‘accept- ment 8). tive employer during the time that Berger The purpose of taking investigative testi- able’’ rating for numerous work criteria, and allegedly vetoed efforts to take Mack’s testimony is not to confront a witness with accu- then followed by a more detailed ‘‘Merit mony. Although Berger testified recently be- sations of wrongdoing, as Aguirre’s super- Pay’’ evaluation written by Hanson on June fore the Judiciary Committee that he ‘‘first visors seem to believe. Rather it is to gather 29, 2005, which noted Aguirre’s ‘‘unmatched approached Debevoise in January of 2006’’ (at information that helps to either confirm or dedication’’ to the Pequot investigation and which time he recused himself from the rule-out working theories, which by their na- ‘‘contributions of high quality.’’ These eval- Pequot investigation and all other matters ture must be speculative at the beginning of uations were submitted to the SEC’s Com- in which Debevoise had entered an appear- the investigation. One SEC witness who pensation Committee which later approved ance), Committee investigators identified a wishes to remain anonymous told the Com- Hanson’s recommendation (among others) on September 8, 2005, email suggesting that a mittees’ investigators that SEC training per- July 18, 2005. contact was made on behalf of Berger Despite these favorable reviews, Aguirre’s sonnel teach new attorneys that: through an intermediary who was also seek- supervisors (Kreitman, Hanson and Berger) ing employment with the same firm at the it was important to immediately ‘‘nail wrote a so-called ‘‘supplemental evaluation’’ time. While we have found no proof of actual down’’ the stories of any individuals who on August 1 that spoke negatively of quid pro quo for Berger’s employment in ex- possibly had been involved in the suspicious Aguirre. Aguirre’s supervisors never shared change for the favorable treatment of Mack, trades so that the person could not adjust this evaluation with Aguirre and indeed ad- the SEC should take steps to avoid the ap- their story to account for any information mitted that they are ‘‘fairly rare’’. In fact, pearance of impropriety of the sort that this we later uncovered. This also served to assist during the December 5, 2006 hearing, current email seems to suggest. This is especially the direction of the investigation because it SEC supervisors could not recall other in- true given that this contact on Berger’s be- allowed us to immediately identify whether stances where a supplemental evaluation was half occurred just days after Aguirre was or not any subsequent evidence supported prepared for an employee. We are skeptical fired and months before Berger recused him- the individual’s initial statement thereby of the supervisors’ explanations regarding self from the Pequot matter. giving us a strong indication of whether the the creation of this document. According to initial statement appeared to be true and Hanson and Kreitman, their initial positive THE FOLLOW-UP SEC INSPECTOR GENERAL’S what, if any, additional investigation needed evaluations covered only the period ending INVESTIGATION WAS SERIOUSLY FLAWED to be conducted (such as the need for more April 30, 2005, thus suggesting that the eval- We are deeply troubled by what appears to in-depth testimony if we found contradic- uation was accurate with respect to perform- us to be a cursory investigation of Aguirre’s tions). ance up to that date. But these same super- allegations by the SEC’s Office of Inspector Although the SEC finally took Mack’s tes- visors also testified that the initial evalua- General, headed by Walter Stachnik. Subse- timony in August 2006, we are concerned tions were perhaps too generous, thus sug- quent to SEC Chairman Cox’s September 7, about the circumstances under which it was gesting that there were performance issues 2005, referral of Aguirre’s allegations to the done. Mack’s testimony was taken five days that should have been addressed in the ini- IG, Stachnik failed to interview Aguirre or after the statute of limitations expired, and tial evaluation and Merit Pay recommenda- any of the other SEC employees mentioned only a few months after we initiated our in- tion. in Aguirre’s letter to Chairman Cox. The tes- quiry into this matter. We question why the Rather than taking them at face value, we timony of one such witness, Eric Ribelin, SEC failed to take this obvious step earlier. have attempted to assess the credibility of saw the light of day only through our inves- The evidence suggests that his testimony the negative statements Aguirre’s super- tigation. Moreover, our concerns were fur- was taken primarily to deflect public criti- visors made about him in his re-evaluation, ther enhanced when the IG’s investigators cism for not having taken it much earlier. It in his notice of termination, in interviews repeatedly told our staff that in inves- took the SEC over a year to ask John Mack with the SEC/IG, in interviews with Com- tigating Aguirre’s allegations of improper

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1385 motivation for his termination, ‘‘we don’t From: Aguirre, Gary J. [Arthur Samberg] ‘‘Many people who have second guess management decisions . . . we To: Ribelin, Eric; Foster, Hilton; Eichner, called me for a job want me to fix something, don’t second guess why employees are termi- Jim; Conroy, Thomas; Glascoe, Stephen; but I’d like to focus my job on building,’’ Mr. nated.’’ (Attachment 9). Such statements are Miller, Nancy B. Mack said. fundamentally incompatible with the mis- CC: Hanson, Robert; Kreitman, Mark J. For Pequot, the hiring of Mr. Mack is part sion and purpose of the Office of Inspector Sent: Fri Jun 03 08:36:07 2005 of a change in recent years from traditional hedge-fund strategies, such as buying and General. This may explain why the IG spoke Subject: Possible tipper new Pequot Chair- selling U.S. and European shares. Returns only to Aguirre’s supervisors, accepted ev- man? John Mack, who came up on radar screen for some hedge-funds have fallen, amid con- erything they said at face value, and re- as possible GE-Heller tipper, has just become cern by some that too many savvy ‘‘hedge viewed only documents identified by those chairman of Pequot Capital, according to funds were seeking the same opportunities in supervisors. However, it is certainly not a WSJ article below. Mack moved from Mor- the market. recipe for an independent and thorough in- gan Stanley, adviser in Heller acquisition, to Hedge funds lost less than 1 percent this vestigation. CSFB, also adviser in Heller, in late July year through April—results that topped the Furthermore, the IG initially attempted to 2001, the month of acquisition. The are hun- returns of the market though they pale in take punitive action against Aguirre by dreds of Pequot e-mails referring to Mack, comparison to the double-digit gains hedge funds scored in recent years. Pequot’s var- seeking enforcement of a subpoena for docu- including a dozen in July 2001. See e-mail ious hedge funds are up about 3 percent in ments in his possession—including confiden- below between Samberg and his son referring 2005, according to investors. But Mr. tial communications with Congress. We are to Mack (‘‘It’s nice to have friends in high places . . .:)’’ Is there something to this per- Samberg predicts that the growth of the pleased that the scope of the subpoena was hedge-fund business will lead to a shakeout subsequently narrowed to exclude commu- verse logic: Mack is the only person in the world who would have as much to loose as that forces as many as 30 percent of existing nications with Congress. Nevertheless, Samberg if we could prove that he provided hedge funds to throw in the towel, even as Stachnik’s continued insistence that his material-nonpublic info to Samberg. Who institutions continue to up their invest- first investigation was ‘‘professional,’’ and safer for Samberg to head Pequot and keep ments in so-called alternative investments. his refusal to answer the Committee’s ques- its secrets? Please note the happy face which At the same time, the market is neither tions about the subpoena at the instruction has already come up twice in relating to pos- cheap nor especially expensive, presenting of the Justice Department are similarly sible flow of insider info. Ironically, Mack’s few obvious opportunities. That is why troubling. The SEC’s IG is supposed to pro- article quoted below is C–1 of WSJ, just as Pequot has been looking elsewhere lately, vide employees an alternate, objective, open- was when Samberg’s exchanged e-mails starting hedge funds focused on emerging markets, parts of the debt world and other minded avenue for reporting abuse of author- below. ity or other misconduct. At no time, before strategies. [From the Wall Street Journal, June 3, 2005] As reported in The Wall Street Journal, or after his termination, was Aguirre able to JOHN MACK TO JOIN PEQUOT HEDGE FUND IN Pequot recently formed a joint venture with obtain at the SEC an objective and thorough CHAIRMAN’S ROLE Singapore-based Pangaea Capital Manage- consideration of his concerns. It is unfortu- (By Gregory Zuckerman and Ann Davis) ment to invest in distressed assets in Asia, nate that he had to reach out to our Com- including real estate. mittees to obtain such a review. In the latest example of a prominent finan- Mr. Mack’s move effectively blunts specu- cial figure entering the hedge-fund world, lation that he might join a new investment- CONCLUSION former Wall Street heavy-hitter John Mack banking boutique with some recently de- is joining Pequot Capital Management Inc. The handling of the Pequot investigation, parted top Morgan Stanley executives. A as chairman. group of former Morgan alumni waged a loud the basis for and the timing of Aguirre’s ter- Mr. Mack, 60 years old, was co-chief execu- campaign for the ouster of Morgan CEO Phil- mination, and the woefully inadequate IG in- tive of Credit Suisse Group and CEO of that vestigation of serious allegations of abuse of ip Purcell this spring, after a management bank’s Credit Suisse First Boston until last shakeup and several executive departures. authority, present a very troubling picture. year, and previously was president of Wall Mr. Mack, who clashed with Mr. Purcell be- Based upon the evidence we have reviewed to Street firm Morgan Stanley. He will work fore he left the firm in 2001, has kept a stud- date, the SEC’s handling of the Pequot inves- with Pequot’s founder, Art Samberg, to help ied distance from the dissidents. tigation shows either inexplicably lax en- lead the firm into new markets, recruit Mr. Mack’s move effectively blunts specu- forcement or possibly a willful cover-up. Ei- money managers and help guide the West- lation that he might join a new investment- ther way, the SEC must review this matter port, Conn., firm. Hedge funds are lightly banking boutique with some recently de- and take appropriate corrective measures. regulated investing pools, traditionally for parted top Morgan Stanley executives. A Anything less will undermine public con- the wealthy and institutions. group of former Morgan alumni waged a loud fidence in our capital markets. We owe it to [John Mack] Mr. Samberg, 64, an investor campaign for the ouster of Morgan CEO Phil- the public to ensure that securities enforce- with a well-regarded record, will remain ip Purcell this spring, after a management chief executive of Pequot, which manages ment is rigorous and unbiased. shakeup and several executive departures. about $6.5 billion, effectively running the Mr. Mack, who clashed with Mr. Purcell be- As such, we hope the SEC will consider re- firm day-to-day. (Meanwhile, a British finan- fore he left the firm in 2001, has kept a stud- opening its investigation into the Pequot cial regulator, Gay Huey Evans is joining a ied distance from the dissidents. matter given our findings. While the statute hedge fund run by Citigroup.) Mr. Mack will be asked to tap into his of limitations has run on criminal penalties Speculation about where Mr. Mack would wide-ranging contacts to find new invest- and civil penalties related to the underlying land after he was replaced last year at CSFB ment ideas around the globe, as well as trades, we understand that other remedies, has been something of a parlor game on Wall coach Pequot’s investment team. Mr. Mack such as disgorgement, may still be pursued. Street. Various companies put out feelers, is expected to help smooth the way for There also may be reasonable cause for the including Goldman Sachs Group Inc., and he Pequot fund managers by introducing them SEC or the Department of Justice to inves- was approached as a possible candidate to to company executives. run mortgage giant Fannie Mae, among tigate whether any testimony given in the ‘‘I see an opportunity to build something other positions, according to people close to underlying Pequot investigation was false. really great here and John will be a big part the matter. Some expected Mr. Mack, who is We urge the SEC to take Aguirre’s allega- of that,’’ Mr. Samberg said. active in politics, to seek an office or ambas- Mr. Samberg’s previous alliance with a tions seriously and seek to improve the man- sadorship. high-powered partner ended when Pequot co- agement and operations of the Commission But like many Wall Street traders and an- founder Dan Benton quit the firm in 2001, based on lessons learned from this con- alysts lately, Mr. Mack is heading for the taking about $7 billion of investor money troversy. We anticipate transmitting more hedge-fund world, where assets are growing with him to his new firm, Andor Capital detailed findings, conclusions and rec- and the rewards can be lucrative. Hedge Management LLC. Mr. Samberg says he is ommendations to the Senate during the funds generally charge a management fee confident his new partnership with Mr. Mack 110th Congress after we conclude our assess- and a percentage of the firm’s investment will work, in part because of his close rela- ment of the evidence adduced to date. gains, meaning that stellar results bring big tionship with Mr. Mack. In recent months, paydays. In addition to a salary, Mr. Mack Mr. Mack has been using spare space in ATTACHMENT 1 will receive equity in Pequot, according to Pequot’s New York office, weighing his op- From: Hanson, Robert. the firm. tions. Sent: Friday, June 03, 2005 10:00 a.m. Mr. Mack wouldn’t address details of other The move to bring in an established Wall To: Aguirre, Gary J. possible job offers but said in an interview Street executive like Mr. Mack could signal Subject: Re: Possible tipper new Pequot that he was attracted to Pequot because he that Pequot, like some other hedge-fund Chairman? and Mr. Samberg have been friends for more firms lately, might be interested at some Mack is another bad guy (in my view). than a decade, starting when Mr. Mack gave point in selling itself, or part of the firm, to some money to Mr. Samberg to invest. Mr. a mainstream Wall Street firm or even going Sent from my BlackBerry Wireless Mack also said he was eager to help the firm public through. a stock offering, although Handheld push into new investment areas. Mr. Samberg says he has no plans to do so.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1386 CONGRESSIONAL RECORD — SENATE January 31, 2007 J.P. Morgan Chase & Co. recently purchased him but never from you (not the normal way and they sound cooperative. Second, all sub- a majority stake in big hedge-fund firm New to keep informed). Also, can I get a copy of poena documents are passing through Lynch York-based Highbridge Capital Manage- the lengthly e-mails or memos you sent Paul who is going back to Morgan Stanley to join ment., and Lehman Brothers Holdings Inc. in mid-July? It’s important for me to be kept Mack. I am hearing a lot about privacy has purchased 20 percent of Ospraie Manage- in the loop on things that have a bearing on rights under Swiss law. ment LP, a New York hedge fund. the case. Patalino (CSFB contact) says Mack had Merrill Lynch & Co. agreed to provide $300 Thanks. two limited contacts with CSFB shortly be- million in capital for a venture with Pequot fore he started work. He met with CSFB’s to place money with 15 to 30 new fund man- From: Aguirre, Gary J. CFO and an attorney two weeks before he agers. Pequot is expected to offer the man- Sent: Wednesday, August 24, 2005 started (around June 29) and again just be- agers research and administrative support— To: Hanson, Robert fore he started. Both dates are very signifi- part of a trend of hedge funds providing serv- Subject: RE: Mack testimony cant in terms of Samberg’s trading: June 29 ices also offered by investment banks., blur- Bob: is when Mack spoke by phone with Samberg, ring the lines between the two. I have three comments regarding ‘‘the over which is just before Samberg began trading the wall’’ requirement. First, before and in Heller. July 8–9 is the time frame when To: ’Joe@’ [Joe@ after the Mack decision, you have told sev- Samberg increased his buy on Heller from From: Samberg, Art eral times that the problem in taking Mack’s 15,000 to 400,000 shares, suggesting that his Re: John Mack. exam is his political clout, e.g., all the peo- information was refreshed. This also cor- Date: 07/12/2001. ple that Mary Jo White can contact with a relates with the date that GE increased its Spoke to him last night and commented on phone call. Second, proof that a witness was offer for Heller. how up he sounded. He said he was close to ‘‘over-the-wall’’ had not been a prerequisite Bottom line: evidence suggests that something, but I didn’t know it would be for any other examination in this matter. Samberg had his info refreshed on exact days today. Sounds like the perfect opportunity Third, see my memo to Mark on the same that Mack met with CFO of CSFB. Item 8 is for him. subject below. an effort to obtain information relevant to You sate, ‘‘My suggestion a while ago was From: Joe Samberg.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1387 From: Aguirre, Gary J. Further, we are operating in the dark re- his Pequot funds in 2001 exceeded $400 mil- Sent: Thursday, August 04, 2005 garding who Mack spoke with and when he lion. He holds an engineering degree from To: Hanson, Robert spoke with them about stepping in as CSFB’s MIT, a Masters of Science from Stanford and Subject: Mack testimony CEO. CSFB’s counsel tells me he spoke with an MBA from Columbia. He started with $3.5 Bob: You have asked that I do a memo why CSFB’s CFO and the Credit Suisse chairman million and built the largest hedge fund in I believe the Mack testimony should be of the board. Were these the only people? the world as of 2001, when the GE–HF trading taken as the next logical step in the Pequot Mack’s testimony could point us towards the took place. He has generally been very care- investigation. I believe there are three rea- key people at CSFB. Conversely, he might ful about his comments in his e-mails. He sons. First, a profile of the tipper was devel- tell use that he was seeing some of the peo- used AOL instant messaging, which leaves oped in this case that has multiple elements. ple on the acquisition team as Morgan Stan- no trace in any computer, to communicate The possibility that Mack acted as the tipper ley at this time. That would take the inves- with key people. In short, he’s a smart guy satisfies almost very element and is incon- tigation in a completely different direction. who took few changes. It does not fit the sistent with none. Second, whether or not pattern for him to be taking big chances Mack is the tipper, his testimony will ad- Mack had the motive to tip Samberg where he got his tip. It makes sense that he vance the investigation. If he is the tipper, Mack had multiple reasons for tipping got it from someone he trusted and who also his testimony will likely suggest some ave- Samberg about the GE tender offer for Hell- trusted him. That was Mack. Mack’s e-mails nues to be pursued and other to be dropped. er. It will pin him down to a story which we can (a) Mack got into Closed Pequot funds and to and from Samberg have a different ring begin to disprove. If he is not the tipper, his special deals that Mack thought would have about them. In one e-mail, Samberg’s sec- testimony is the likely first step to elimi- big returns to him during and after 2001.— retary tells Samberg Mack had called and nating him from consideration. This would Mack was getting into private deals that that, ‘‘he loves you.’’ In sum, there was a allow our limited resources to be focused on Pequot was putting together for its own deep trust and friendship between them. It is starting a new screening process to find an- principals, including projects with the fol- exactly the kind of relationship that other possible tipper. lowing code names: $5 million into ‘‘Fresh- Samberg would feel comfortable calling on for a tip as big as HF and GE. MACK MEETS EACH ELEMENT OF THE PROFILE. start’’ (Lucent spin-off bought cheap), $2 mil- Samberg’s need for a big favor from an old The timing of the trading with Mack’s access to lion info Baby C, and an unknown amount friend possible information into Distressed Guys, which later became Pequot Special Opportunities Fund. The In July 2001, Samberg’s company was split- The first element is whether Mack had pos- most interesting situation involved Fresh ting a part. Benton was a younger and a ris- sible access to information that GE would Start. Mack was pressing to get into this for ing star. Benton’s performance was dwarfing make a tender offer for HF. He had access sometime. On June 20, a Samberg e-mail said Samberg’s, Samberg was recovering from from two sources: he had been the CEO of that he was with Mack and that Mack was heart surgery. Benton was leaving with at Morgan Stanley, who advised GE, until late ‘‘busting his chops’’ Samberg’s chops because least half the company. Samberg was look- March. He also took over as CSFB’s CEO on he had not got the documents on this invest- July 12, 2001. Samberg’s trading pattern, ing at even bigger staff losses to Benton. He ment. Neither the Pequot principals nor which I can discuss in more detail if you testified that he was concerned at this time want, suggests that he obtained information Samberg’s son seemed happy about Mack more of his executive committee ‘‘might just before Monday, July 2, around July 9, getting into this Fresh Start. During the call walk.’’ A big hit on GE–HF would illustrate and around July 25. Mack coincidentally met on June 29, when the suspected tip occurred, that his fast ball had not slowed. Regarding with CSFB’s CFO on June 28 or June 29, Samberg arranged for Mack to get into GE–HF, Mack was just the guy to do his old again a few days before he began work on Fresh Start. Mack also was getting into friend a big favor, one that would also ben- July 12, and was CEO at the third key time. Pequot funds when they appear to be closed. efit him. Hence, Mack had relevant contacts with At that time, Samberg’s funds were doubling Regarding Samberg’s situation during this CSFB at each time. Also, CSFB was ‘‘woo- in value in less than 3 years and the Pequot time frame, he testified at the first session: The company was about to split, it was ing’’ Mack away from Merrill Lynch and Scout fund was doing even better. In general, about to split. In September ’00, I had an other investment banking firms during the the funds had a $5 million lower limit. E- aortic medical situation and was near death. period from April through July 2001. It would mails show Mack putting at least $13 million I was on heavy medication, and I was trying be consistent with this effort for someone at into these funds. One of the spread sheets I to reestablish the franchise value of Pequot CSFB or CS to mention, as part of this woo- provided to Mark on June 28 shows Mack in- and the core funds. I was actively looking for ing process, what inventory Mack would be vested in 15 different Pequot funds (but it taking over. Incidentally, we know how does not show when). As a rough estimate, help, and I did things in a manner that was Samberg saw Mack’s new role as CEO of based on performance over 1999 and 2000, expedient at the time given my expertise in CSFB. He and his son discussed the fact that Mack could reasonable expect that his new this area. In a similar vein, he testified at the second CSFB was the second largest investment investments in Pequot during 2001 alone session: banker at that time and ‘‘it was good to have would have returned something in the range of $5 million per year to Mack. My firm was going to split in three friends in high places.’’ Of course, there is months. These people were my other man- also the possibility that Mack, through his (b) Board seats—As shown on one of the aging director partners. Times were fragile. I contacts at Morgan Stanley, knew about the spreadsheets, Samberg was promoting Mack needed their approval to do whatever I want- pending GE tender offer. for board seats on both Baby C and Fresh- ed to do or they might walk (emphasis added). Questioning Mack about this transaction start. could take us in several directions, each of (c) Office Space—Mack was using Pequot THERE DO NOT APPEAR TO BE OTHER LEADS IN which suggests a different focus for the in- office space intermittently during the period THE SAMBERG E-MAILS vestigation. First, Mack could deny that he from March 2001 through July, 2001, when he The evidence does not merely point to ever knew that GE would make the offer began work for CSFB. Mack. It points to no one else. I have been until the public announcement. The inves- (d) Stop tips—Samberg was giving Mack through the Samberg e-mails, his calendar, tigation would then focus on whether this stock tips on public companies that Mack di- his credit card receipts and his phone slips: was true. Second, Mack might say he learned rectly invested in. ‘‘That’s where were put- Hilton, Eric, Nancy, have been through the on June 28 or June 29. The focus would then ting our money.’’ e-mails. No one has shown up as a possible be placed on his contacts with Samberg at (e) Friendship—Mack and Samberg were candidate. Further, Fried Frank has stated that time and whether he learned that GE close friends. Two months ago, Mack took that Samberg made the decisions alone. No had bumped its offer around July 9. Finally, over as CEO as Pequot. That Samberg would one was listed with him on the Fried Frank he might give convincing testimony that he choose Mack in the middle of an investiga- lists of those participating in investment de- learned after July 12 for the first time and tion that could land Mack in jail tells much cisions. If we don’t take a look at Mack, we cause us to reevaluate whether his should about the level of trust Samberg had in start all over again looking for someone that even be considered. Mack. I discussed how the friendship played fits the profile. Then the question would re- Also, Samberg’s trading suggests that he as a motive in my June 27 memo. main: If we find him or her, will there be a did not get the tip until shortly before he (f) Mack’s crossing the line for Pequot. similar reason for not proceeding with the started trading. He would not be the largest While Mack was at CSFB, he was acting as examination? Very possibly yes, given purchaser of HF during July if he had the tip Pequot’s agent to introduce one of the com- Samberg’s circles. before. It also makes sense that his tipper, panies Pequot co-owned with Lucent, to an GARY. likely someone he trusted, got the tip just investment banker in China. Mack’s letter, before Samberg started trading. Had the tip- written on behalf of Pequot reads, ‘‘I have ATTACHMENT 4 per had it earlier, why would he have not not given this first to CSFB (where he was From: Hanson, Robert communicated it earlier? Further, GE made then CEO) or to Morgan Stanley because I From: Hanson, Robert its first offer in early June. It would make think your contacts in China are the best.’’ Sent: Thursday, August 04, 2005 10:16 AM sense for Samberg to start buying then if he Samberg had a relationship of trust deep friend- To: Aguirre, Gary J. knew about the trade. The Mack-CSFB meet- ship with Mack Subject: RE: Ferdinand Pecora ing on June 28 or June 29 and the Samberg We do not have a complete picture of GARY: We seem to be miscommunciating huge trading the next week fits. Mack’s financial assets, but his holdings in and I’m not sure why. We both have the same

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1388 CONGRESSIONAL RECORD — SENATE January 31, 2007 objectives. I learned through the grapevine, been dismissed after I accepted employment. From: Hanson, Robert rather than directly, that you were not leav- I also told you some of the reasons I believed Sent: Thursday, August 04, 2005 7:38 AM . ing but staying and wanted to know what this, i.e., what I had been told by reliable To: Aguirre, Gary J. your plans are. I still am not sure because we sources how my complaint was viewed by Subject: RE: Ferdinand Pecora covered different issues last night and never higher levels within the Division, e.g., in- GARY: The constant back and forth on got to the heart of the question. I inquired cluding a statement that ‘‘I would get moun- these issues consumes a lot of time. I suggested that you write a concise memo on the because I need to figure out how to staff the tains . . . hills out of my way if I dismissed issue of taking Mack’s testimony more than case and the like. Your status is obviously the case.’’ I told you I had decided to handle a month ago. That way people can see your very important to figuring out what to do this problem in a different way than resign- and how to staff the case. proposal, meet on it and comment on it It’s ing and have in fact done so. I think we should prepare a memo dis- a natural thing that Paul and perhaps Linda cussing why it is appropriate to take Mack’s Second, I told you that the decision not to would want to know about. At this point, I’m testimony at this point. I said I would do it take Mack’s testimony because of his power- still waiting for the memo (as is Paul I be- at one point and I thought you said you ful political connections was the event that lieve), though I understand from talking would do it shortly thereafter. We’ve dis- triggered my decision, when added to the with you last night that you have given cussed this several times thereafter and Paul first problem above. We then discussed at Mark and Paul some materials that I haven’t seen. People here are smart, hard working mentioned recently that he was still looking some length what standard had to be met to and want to do the right thing. I’m making for a memo. We may have different recollec- take Mack’s testimony. You told me that suggestions to you that you either ignore or tions, but at bottom I still believe one Mack was ‘‘an industry captain,’’ that he had don’t like and grumble about (the should be prepared. I’m happy to do the powerful contacts, that Mary Jo White, Gary mircomanagement comment last night)—but memo, though it will have to wait now until Lynch, and others would be representing my experiences here shows that they work. I after my vacation. . him, that Mary Jo White could contact a hope you give that some consideration. I believe that Mark feels it is premature to number of powerful individuals, any of whom GARY J. AGUIRRE, take Mack’s testimony. I don’t disagree. I could call Linda about the examination. I Senior Counsel, Division of Enforcement thought and think it makes sense to write a told you I did not believe we should set a Securities and Exchange Commission memo to make sure everyone has a chance to higher standard for a political captain than understand the facts we have and whether it anyone else. From: Hanson, Robert makes sense to take the testimony at this Turning to the statement that you had re- Sent: Thursday, August 04, 2005 7:38 AM juncture. Paul had wanted to talk about tak- To: Aguirre, Gary J. quested a memo a month ago, I do not recall ing the testimony at one point. I think the Subject: RE: Ferdinand Pecora any such request. I will be specific about memo should precede such discussion. As a GARY: The constant back and forth on general matter I try to alert folks above me what I do recall. Late in the week of June 20, these issues consumes a lot of time. I sug- about signficant developments in investiga- you told me you were going to prepare memo gested that you write a concise memo on the tions that may trigger calls and the like so to Paul Berger regarding Pequot. That fol- issue of taking Mack’s testimony more than that they are not caught flat footed. I also lowed a series of e-mails between us that a month ago. That way people can see your think that Paul and possibly Linda would same week. You also mentioned, as you did proposal, meet on it and comment on it. It’s want to know if and when we are planning to last night, that Mack’s testimony would be a natural thing that Paul and perhaps Linda take Mack’s testimony so that they can an- difficult because Mack had powerful political would want to know about. At this point, I’m ticipate the response, which may include connections. For that reason, the political still waiting for the memo (as is Paul I be- press calls, that will likely follow. Mack’s hurdle, I spent a big chunk of my weekend lieve, though I understand from talking with counsel will have ‘‘juice’’ as I described last preparing two lengthy memos that described you last night that you have given Mark and night—meaning that they may reach out to in detail the facts relating to Samberg’s Paul some materials that I haven’t seen. Paul and Linda (and possibly others). Hope trading in HF and GE, which suggested ele- People here are smart, hard working and this clarifies things somewhat. ments of the tipper’s profile, and a second want to do the right thing. I’m making sug- Thanks, memo describing all possible avenues for es- gestions to you that you either ignore or BOB. tablishing the identity of the tipper, pro- don’t like and grumble about (the PS: I do not believe in micromangement or posing that Mack was the most likely can- mircomanagement comment last night)—but my experiences here shows that they work. I feel it is necessary. didate, and suggesting that we focus on him hope you give that some consideration. to eliminate him or establish it was in fact From: Aguirre, Gary J. him. Those e-mails were prepared for you From: Aguirre, Gary J. Sent: Thursday, August 04, 2005 9:48 AM and Mark and assumed some knowledge of To: Hanson, Robert Sent: Thursday, August 04, 2005 7:25 AM the investigation. I also thought they might Subject: RE: Ferdinand Pecora To: Hanson, Robert assist you in preparing your memo to Paul. BOB: I do not believe you have accurately Subject: Ferdinand Pecora I had no expectation they would be sent to characterized our discussion last night nor BOB: I mentioned last night that Ferdinand Paul. I also had copies sent to Mark and, at do I have any recollection of you request for Pecora was chief counsel for the Senate an e-mail a month ago. his request, two spreadsheets summarizing e- Committee that drafted the 1933 and 1934 I came to your office last night to discuss mails relating to Mack’s motivations and Acts, including the key operative language Pequot because, as I told you, I realized we list of the funds he had invested in. I do not of Section 10(b). Those hearings eventually would not be seeing each other for the next recall a request by you or anyone else for were named after him, the Pecora Hearings. month. Before we got into that discussion, any other memo. I had hoped that these two Pecora warned in his opening words in Wall you told me that you had heard I was stay- memos, with citations and quotes to the evi- Street under Oath: ‘‘Under the surface of the governmental ing with the Commission and asked that I dence, would at least prompt a discussion. regulation of the securities market, the tell you about my plans. You and Mark discussed the memos and then same forces that produced the riotous specu- I then told you that the ’’micromanage- Mark called me with a question that dem- lative excesses of the ‘wild bull market’ of onstrated that my memos had either been re- ment’’ of my work had nothing to do with 1929 still give evidences of their existence jected or bypassed. In mid-July, I spoke with the reason I was leaving the Commission. I and influence. Though repressed for the did not ‘‘grumble’’ about micromanagement. Paul about my continuing concern about present, it cannot be doubted that, given a To the contrary, I told you that I was aware Pequot. Mark asked that I provide him with suitable opportunity, they would spring back when I accepted the staff attorney position a. memo of the factors that might have mo- into pernicious activity. Frequently we are that micromanagement came with the job tivated Mack to tip Samberg on HF. Since told that this regulation has been throttling and that I had fully accepted this as part of this subject was addressed in the two memos the country’s prosperity. Bitterly hostile the way things are done here, and I under- and two spreadsheets that I delivered to was Wall Street to the enactment of the reg- stand why you and others believe that is nec- Mark on June 27 and June 28, he obviously ulatory legislation. It now looks forward to essary. wanted something more. I had just begun to the day when it shall, as it hopes, reassume I then told you there were two reasons that take ‘‘Official Time’’ and thought this re- the reigns of its former power . . .’’ have collectively triggered my decision to quest was not urgent. About a week later, on When the SEC declines to question ‘‘indus- leave. I told you that Mark was not listening July 25, I received an e-mail from Mark that try captains,’’ when an investigation sug- to the rationales for the steps I had proposed responded to my e-mail of June 28, four gests it is the next logical step, we are grant- in the Pequot investigation, that this rep- weeks earlier. It raised new questions about ing them a pass to play the trading game by resented a major shift that occurred over- Mack. I responded in detail to Mark’s e- their own rules. We do the same when we set night in our relationship, that we had an ex- mails issue by issue last Friday. artificially high barriers to question them cellent relationship before, that I believe that do not exist for others, e.g., don’t ques- other people at the Commission were in- I don’t know of any request from you or tion them about going over the wall until we volved in Mark’s sudden shift, and that the Mark for any memos relating to Pequot over proved they have already made the trip. shift was ultimately traceable to the fact the past six weeks. I don’t think Pecora was suggesting that that I had filed an EEO claim that had not GARY. regulatory scrutiny be delayed until we have

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1389 another market collapse. I do not think he And then finally, of course, Gary Aguirre ficult insider trading case. Kreitman remem- would have delayed a heartbeat before tak- was fired when he was on vacation. I was bers telling Aguirre that he could have 5 ing John Mack’s testimony on the record in stunned. I was outraged. And the e-mail that weeks to see if the case was manageable this matter. Mack had multiple motives, you just referred to was soon after these given SEC resources. Kreitman said that Samberg’s trust, contact with Samberg at events. after five weeks it was unclear if it was man- the key moment, and two possible sources Chairman Specter. Mr. Hanson, do you re- ageable but he let Aguirre continue. for the tip. He should be asked the obvious call the comment that Mr. Ribelin has testi- Kreitman said that it was clear that there questions. fied to, that you called Mr. Mack a ‘‘promi- were problems with how it was being inves- GARY. nent person’’ and then suggested that there tigated by Aguirre, because he was resistant would have to be treatment of him a little to supervisors, especially his branch chief ATTACHMENT 5 different? Hanson, he sent out subpoenas without going of 2005 that Paul Berger, who had a reputa- Mr. Hanson. I certainly felt he was a through his branch chief which violated pro- tion for being an aggressive and smart attor- prominent person and I wanted to, as I have tocol and criminal statutes resulting in the ney, did not seem as though he was aggres- said to Mr. Aguirre and Mr. Ribelin, make subpoenas being recalled. Kreitman said that Aguirre did not con- sive in supporting the attempts of Mr. sure we had our ducks in a row before taking duct the investigation in the normal course; Aguirre to get subpoenaed documents on Mr. Mack’s testimony. And what I meant by he gathered ‘‘millions of e-mails’’ hoping to time and to get e-mail production so that we that was, let us figure out what we can about find the smoking gun. As to calling in John can conduct an investigation. That is one ex- whether he had the information before tak- Mack for testimony, Kreitman said that ing his testimony. ample of what I was referring to when I said there was insufficient evidence to call him in ‘‘something smells rotten.’’ and that Enforcement does not drag in ordi- That went through a very long period of ATTACHMENT 6 nary citizens on unfounded suspicion. Ac- time of the investigation where it was my Mark Kreitman: cording to Kreitman, Enforcement still does sense that there was not the support for the I spoke to Mark Kreitman by telephone on not have enough evidence after more inves- aggressiveness and the tenacity of the inves- October 24, 2005, regarding Gary Aguirre. tigation. Kreitman said that there is no tigator. Kreitman told me that the evaluation proc- doubt that Mack may be a tipper and that There are other examples I can give you. ess had 2 pieces to it. First, there was an ini- there is illegal insider trading in the case, Chairman Specter. Would you please do tial evaluation of Aguirre by Bob Hanson but that none of the five potential tippers that? that went to Berger around the end of June, Mr. Ribelin. I can do that. As I said, for a have been called in. Calling in persons to and then second Kreitman did a supple- give testimony is a serious matter, according very long period of time, we had a hard time mental evaluation because he felt that Han- to Kreitman, and is not done lightly. He also getting e-mail production, and I can tell you son had not addressed problems. Kreitman said that it is pointless to call in a witness that if you subpoena a document or subpoena said that he wrote the supplemental evalua- if there is no evidence because they will just e-mails and you don’t get them, you are not tion on August 1, 2005, before going to the deny tipping and there is no where to go going to be able to do the investigation. And Compensation Committee. Kreitman said from there. Kreitman said that his reputa- so we continued to push. tion at the agency is that he is the most ag- There was a period of time when a very sig- that he later learned, upon inquiry, that gressive trial attorney (when he was in that nificant, large portion of e-mails were put only Hanson’s evaluation went to the Com- position for many years) and Assistant Di- out of our ability to get a hold of and to ex- pensation Committee in error. Kreitman said rector, and that he has taken the testimony amine. Part of the reason given was because that he knows the date that he prepared the of many high profile persons. He said he is these e-mails may be privileged e-mails, supplemental because it is a Word document hardly afraid of taking anyone’s testimony. communications between attorney and cli- that shows August 1, 2005. I asked Kreitman Kreitman told me that him, Berger and Bob ent. to send me something that showed it was had many discussions about taking Mack’s We thought certainly there was a possi- created on August 1, 2005. Kreitman said that testimony. bility that some of those e-mails fell into he may have discussed the supplemental evaluation with Berger, but does not recall. Kreitman also said that it is a little out of that category, but there was a very large the ordinary for Mary Jo White to contact number of e-mails that we suspected fell out- Kreitman was sure he discussed it with Bob. Kreitman said that it was not unusual for Linda Thomsen directly, but that White is side of that category. And there was one very prestigious and it isn’t uncommon for point that an attorney was hired who had him to rate subordinates, and that he is directly responsible for rating Branch Chiefs, someone prominent to have someone inter- custody of some of those e-mails—I can’t re- vene on their behalf. Kreitman recalls that member how many thousands they were. Mr. para-professionals and a couple of staff attorneys (not including Aguirre). Kreitman Thomsen called him to say that she received Aguirre was not allowed by Mr. Kreitman to correspondence from White, and Kreitman speak to that attorney about trying to get does not know if Aguirre received a copy of the supplemental rating, but he said that went to get it. production of e-mails. To this day I don’t I asked Kreitman whether he had given Aguirre was already terminated when he know why that is. Aguirre a Perry Mason award for his good would normally meet with staff attorneys And I can tell you that Mr. Mack had been work. He laughed and said that it is a joke and their branch chief to give them their the CEO of Morgan Stanley. He was being he does in the office, where he gives someone written evaluation and tell them their step courted to become the CEO of CS First Bos- an 81⁄2 x 11 xerox of Raymond Burr’s face. He increase. ton. We did not have information that he had said that he did give one to Aguirre after he Kreitman told me that he knew Aguirre as material nonpublic information as it related went to meet with the SDNY USAO to see if to the GE/Heller merger. That is for sure. a student at Georgetown’s LLM program they were interested in the Pequot case. It was Gary’s theory—I agreed; I think where he taught and Aguirre was a student Kreitman said that he was worried about other people supported the idea—that it and had edited his law review article that Aguirre presenting the case to them because wasn’t unlikely, it was certainly possible was published. Kreitman also said that they he said that Aguirre tends to talk ‘‘in a non- that he could have gotten access to the in- were friends and him and his wife would visit linear fashion’’. Aguirre reported back that formation based on the fact he had been the Aguirre and his wife’s houses. Kreitman said the SDNY was very interested, so Kreitman former CEO of Morgan Stanley and he was that Berger made the decision to transfer was pleased and gave him the Perry Mason being courted at the time by CS First Boston Aguirre from another Asst. Director Grimes award. of the trades engaged in by Pequot. to Kreitman. Kreitman said that he fired Aguirre by After the word came down that the testi- When I asked Kreitman what the inquiry telephone because Aguirre was in California mony of John Mack was not going to be was regarding the supplemental evaluation on vacation and would not be back before his taken, I had a conversation within a week or he said that Berger checked to see if it went probationary period was over. He said that so of that with Bob Hanson, and Bob Hanson in Aguirre’s personnel file, and it turned out he had never had to fire anyone. Kreitman said to me that because Mr. Mack was a that it did not. Kreitman said that he got ad- said that Aguirre and him were friends as of prominent person or because he had connec- vice from Linda Borostovik in HR and Lindy the summer when Kreitman believed that tions—I don’t remember exactly how he put Hardy in GC. Kreitman said that there was Aguirre was unhappy at work but still came it—that we would have to be careful about some confusion and that he got conflicting to Kreitman’s house for a party he has every taking his testimony, we would have to, my advice. year for staff. Aguirre felt that his investiga- impression is, move maybe more carefully Kreitman said that he concurred with tion into Pequot was being thwarted, accord- than we would if it was somebody other than Aguirre getting two steps as a merit pro- ing to Kreitman. Aguirre told Kreitman that somebody of prominence. And I said, ‘‘Well, motion, even though he had problems with he wanted to report directly to him, but Bob, if that is the case or not, just call him Aguirre’s conduct. Kreitman said that there Kreitman told him that could not happen. up on the phone instead of bringing him in are few carrots in government work, and Kreitman said that the Pequot case was for testimony and ask a couple of basic ques- that he gives more leeway with conduct than staffed more heavily than any other case in tions.’’ with performance. Kreitman said that his group. Kreitman told me that there was And this is something, by the way, that Aguirre worked out well in the beginning of a consensus that Aguirre should be termi- Gary proposed, Gary Aguirre proposed a cou- coming to his group; Aguirre brought with nated by Thomsen, Berger, Hanson and him- ple of times. Mr. Hanson didn’t respond to him the Pequot case he developed which self and that he drafted the termination let- me. Kreitman described as a complicated, dif- ter to Aguirre. When I asked Kreitman why

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1390 CONGRESSIONAL RECORD — SENATE January 31, 2007 Aguirre was fired, he told me that Aguirre Mr. BERGER: Yes. c) Letter to Patalino on above; refused to work in a structure, which pre- Mr. KEMERER: Mr. Aguirre appears to d) Look for August 30 production of items sented possible dangers for the Commission, contend that the SEC’s operating in the dark 3–8. he was a loose canon (he had threatened to with respect to whom Mack spoke to while e) Remind Patalino next week if we do not resign and Aguirre made it clear he did not CSFB was wooing him to come on as the have his letter re above. need to work financially), Aguirre said that CEO. Is that true? f) August 17 subpoena: we need to work he would leave once the investigation was Mr. BERGER: I really don’t know what out; he will ID info flow; we make sure his over but would not do the write up of the was in Gary Aguirre’s head when he wrote doc review gets docs. case, and he was uncooperative with the this, so I can’t tell you what he was think- 9) Andor backup tapes issue: See my memo other 2 staff attorneys assigned to his case ing. One of the reasons this is not a particu- raising construction issue on Pequot-Andor by being disrespectful and refusing to bring larly good memo is I have no idea what he’s agreement (will send an e-mail on this them in to the heart of the case, he would talking about, operating in the dark. We today); not take supervision from Hanson, and were sending out subpoenas. We were getting 10) Other acquisition players have contacts Berger received many complaints from op- information. We were making inquiries to with Pequot before Samberg trades? You can posing counsel about Credit Suisse to get information concerning ask them to collect this info by request let- contacts or possible contacts between Mr. ter. However, I doubt any will admit w/o ATTACHMENT 7 Mack and others. So I don’t know what he’s docs. GE and JP Morgan say no docs. You have Wall letter. Need to check with Merrill Mr. BERGER: Well, in order to establish a referring to here. He obviously didn’t make on Hughes. case that you’re building against an indi- it clear enough for me to understand. vidual, that’s what you’d want to do. You’d Mr. KEMERER: Okay. Were you aware ATTACHMENT 9 want to set out here are the elements for the from reading any of these memos ever that violation, here are the facts that we have re- Mr. Mack was meeting with people in Zurich the termination were, in fact, the true rea- lating to that element. or, you know, outside of the country? sons for the termination? Was that the char- Mr. FOSTER: Well, that’s what you would acterization—a fair characterization? need to set out in order to justify taking an ATTACHMENT 8 Ms. ANDREWS: No. We don’t second-guess enforcement action against that person. But From: Eichner, Jim management decisions, so we wouldn’t have is that what you would need to establish in Sent: Wednesday, July 19, 2006 4:59 PM been looking at, well, gee, did he really not order to take investigative testimony? To: Hanson, Robert get along with others or was it that he didn’t Mr. BERGER: Well, I think you would have Subject: FW: Pequot pending matters. do this ‘‘i’’. We were looking only at the allegations to have some reasonable basis to take that I assume Walter has this—not premature that Mr. Aguirre raised in his September 2nd testimony, and then the reasonable basis is but prerequisite and October 11th letter, so the allegation the analysis under the elements of the viola- was he was terminated for, among other rea- tion and the facts that you have supporting From: Kreitman, Mark J. sons, the fact that he complained about not those elements. Sent: Wednesday, August 17, 2005 11:26 AM taking Mr. Mack’s—him not being able to Mr. KEMERER: How often did you require To: Aguirre, Gary J.; Jama, Liban A.; take Mr. Mack’s testimony when he wanted staff attorneys to write memos in order to Eichner, Jim to. justify taking evidentiary testimony? Cc: Hanson, Robert Ms. MIDDLETON: So you were looking Mr. BERGER: It was not infrequent. Subject: RE: Pequot pending matters. for—yes. He was saying, I was terminated Mr. KEMERER: Well, for instance, on the Where are we on determining the date for—— multiple occasions when Mr. Samberg’s tes- Mack was brought over the wall re GE-Heller Ms. ANDREWS: Complaining. deal—the necessary prerequisite to subpoena timony was taken, did Mr. Aguirre have to Ms. MIDDLETON:—unlawful reasons. to Mack? do a memo such as this? Ms. ANDREWS: He did say—— Mr. BERGER: I don’t remember. Mr. BRANSFORD: No, I don’t think that’s Mr. KEMERER: In the Mainstay case, did From: Aguirre, Gary J. what he said. Mr. Swanson have to do a memo in order to Sent: Wednesday, August 17, 2005 11:21 AM Ms. ANDREWS: Right. take testimony? To: Jama, Liban A.; Eichner, Jim Ms. MIDDLETON: Okay. Mr. BERGER: I don’t remember. I think he Cc: Kreitman, Mark J. Well, he did say—— did actually do a memo at one point. I just Subject: Pequot pending matters. Mr. BRANSFORD: It’s not a fair way to don’t remember what point that was. I summarize below a list of pending mat- characterized what he said. It’s not nec- Mr. KEMERER: So you don’t recall wheth- ters following up on our conversations over essarily er it was in order to get permission to issue the past couple of days, yesterday with a testimonial subpoena? Liban alone. These items in bold will be the Ms. ANDREWS: What I see as the function? Mr. BERGER: Well, we were talking about subject of phone calls this afternoon, if you Mr. FOSTER: Yes. I mean, you seem to be taking some testimony from individuals fair- would like to sit in. very narrowly construing Mr. Aguirre’s Sep- ly prominent, a Senator or a former Senator, Mark: since Bob is out, I am copying you tember 2nd letter and his October 2nd letter, and some other individuals, and we wanted on the list. I am leaving for vacation tomor- sort of very narrowly reading exactly what to see what we had. So I think that—I re- row, which I cleared with Bob. did he claim, and we’re not going to inves- member reading something in advance of the 1) Confirm exam date for Benton in NY for tigate anything else besides what he exactly testimony that would support—that sup- week of 9/5; get exam room and reporter; claimed. ported taking their testimony. 2) Confirm exam dates for Dartley for week Do you see it as the IG’s function to just Mr. FOSTER: You mentioned prominence of Sept. 19 in DC and Samberg for week of sort of very narrowly respond to a complaint just now. Sept. 26 for NY; get exam room and reporter; like that? Do you think that you have a Mr. BERGER: Uh-huh. 3) Pequot subpoena: Press Harnish for com- broader mandate to investigate and to seek Mr. FOSTER: Is it the case that you’re pliance with July subpoena (lets discuss); out where there may be evidence of fraud, more likely to require a memo such as this 4) Get status from Storch on each class of waste and abuse or misconduct, more gen- in a case where the proposed testimony is of back up tapes. erally speaking, regardless of whether a com- someone prominent? 5) Morgan Stanley: Get clarification from plaint comes to your office about it? Specifi- Mr. BERGER: No, I don’t think so. We’ve Ashley Wall on any soft spots in her letter re cally— done this, we’ve done memos in advance of MS subpoena compliance; you can tackle Ms. ANDREWS: Well, one, I don’t think people that no one would know. this if you want while I’m out or I’ll do when it’s for me to say what the role of the Inspec- Mr. FOSTER: Can you give us an example? I’m back. tor General’s office is. At this point now, Mr. BERGER: Not off the top of my head. 6) Status of FBI contact with Zilkha; we what I do is investigate allegations that Mr. FOSTER: Can you get back to us on want Samberg exam immediately after come in, so that’s what I was doing here. I that? Zilkha interview; we’re waiting agent’s call- was investigating the allegations, and that Mr. BERGER: I can think about it. I mean, back. Agent is David Markel, tel # 718–286– was what I was told to do. I was there for 14 years. I was probably in- 7385 Other unlawful reasons or—we don’t sec- volved in maybe a thousand investigations, 7) Telephone company subpoenas: Any use- ond-guess management decisions and we brought 400 or so investigations. I mean, ful phone records produced of Samberg calls don’t necessarily look at every unlawful al- that’s a lot of people. from mid-June through end of July? legation, every unlawful reason that he was Mr. FOSTER: Why did you mention promi- 8) CSFB: Get press on Patalino for the fol- terminated. That’s not something we nor- nence just now, though? lowing: mally look at. We don’t second-guess why Mr. BERGER: I don’t know why I men- a) July subpoena paragraph 1: Thornberg employees are terminated. tioned prominence. and Rady’s e-mails with Mack; Mack—CS (as Ms. MIDDLETON: But if a letter comes to Mr. KEMERER: Directing your attention parent) e-mails; you to investigate and it says the manage- to page 2 of Exhibit II, the third full para- b) July subpoena paragraph 2: Thornberg ment decisions were based on unlawful rea- graph begins with, ‘‘Further . . .’’ Do you see or Radis notes or memo re Mack; CS notes or sons, some of which I’m putting in my letter that line? memos re Mack and some of which I’m not going to—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1391 Ms. ANDREWS: Well, one of which he was him, even not knowing his prowess as a Mr. WARNER. Madam President, I putting in the letter. farmer because of his prowess as a Sen- ask unanimous consent the order for Ms. MIDDLETON: One in the letter and ator. the quorum call be rescinded. others I’m not going to lay out right now to Senator GRASSLEY is very direct and you, Commissioner Cox. The PRESIDING OFFICER. Without Ms. ANDREWS: Right. Chairman Cox. very plain spoken. I know of his career objection, it is so ordered. The Senator Ms. MIDDLETON: Chairman Cox. when he became a member of the Iowa from Virginia is recognized. You’re saying it’s not your job to second- legislature, the lower house. I have guess the management decisions, so it seems only a recollection, Senator GRASSLEY f to me, if the letter is challenging the man- can correct me, that he earned $6 a day agement decision and says it’s for unlawful in the Iowa legislature at that time? reasons, you’re saying, well, I can’t second- Mr. GRASSLEY. It was $30 a day but IRAQ guess that. I can’t investigate that. I can’t no expenses. Mr. WARNER. Madam President, see if it’s true. Mr. SPECTER. It was $30 a day but Ms. ANDREWS: My marching orders were about a week ago, I think it was on the no expenses. As I recollect, Senator to investigate the allegations he had made in 23rd, my colleagues, the Senator from GRASSLEY told me it was an increase in both the September 2nd and October 11th let- Nebraska, Mr. BEN NELSON, and the ters. That’s it. pay from what he earned as a farmer. Senator from Maine, Ms. COLLINS, and Ms. MIDDLETON: Right. But— Mr. GRASSLEY. It was. Ms. ANDREWS: It’s not my decision nec- Mr. SPECTER. It was. Senator I, together with several cosponsors, put ECORD essarily of what else we would be inves- GRASSLEY corroborates that. But I into the R a resolution—I under- ECORD tigating. have seen Senator GRASSLEY take on line put into the R —so that all Ms. MIDDLETON: But his allegation was, I the giants in the Senate. They say peo- could have the benefit of studying it. was terminated for unlawful reasons. We three have continued to do a good Ms. ANDREWS: Right. We did not inves- ple in glass houses should not throw tigate to their allegations in the same way stones. Senator GRASSLEY has thrown a deal of work. We have been in consulta- that you went to them to get their reaction lot of stones in the 26 years he has been tion with our eight other cosponsors on to his, is that—— here and he doesn’t live in a glass this resolution, and we are going to put Ms. ANDREWS: Well, I didn’t get their re- house, but he has taken on the giants in tonight, into the RECORD—the same action to his. I’m calling them because in the Federal executive branch. He be- procedures we followed before—another they’ve been, you know, accused of wrong- lieves thoroughly in oversight, as I do. resolution which tracks very closely doing, so I have to call them and—— The work we are submitting today is the one that is of record. But it has Mr. FOSTER: And then when you did, they accused Mr. Aguirre of—— an example of that. several provisions we believe should be Ms. ANDREWS: He was—— I think it is a good analogy, between considered by the Senate in the course Mr. FOSTER: —if not wrongdoing, of—— CHUCK GRASSLEY and Harry Truman. I of the debate. How that debate will Ms. ANDREWS: Again, we’re not second- may search the CONGRESSIONAL RECORD occur and when it will occur. I cannot guessing management decisions on termi- to see how long ago it was that I said advise the Senate, but I do hope it is nating a probationary employee. Absolutely it, but it is time it is said again. expeditious. I understand there is a clo- not. That’s my understanding of our role in Mr. GRASSLEY. Thank you, I appre- ture motion that could well begin the the IG’s office. ciate that. debate, depending upon how it is acted Mr. FOSTER: Did you assume that Mr. Mr. SPECTER. May the record show Aguirre didn’t have documents or wouldn’t upon. have been able to have documents that Senator GRASSLEY said thank you, and We have also had a hearing of the might substantiate his allegations that you he appreciates it. Senate Armed Services Committee last I may make one addendum, and that might need to seek from him? Friday. We had a hearing of the Senate is that I say this notwithstanding the Ms. ANDREWS: I didn’t make any assump- Armed Services Committee again this tions about it. I have a lot of e-mails that he 26-years-plus ribbing I have taken from morning. Friday was in open session. sent to people and people sent back to him. Senator GRASSLEY for being a Philadel- The session this morning was in closed Mr. FOSTER: Right. Which were given to phia lawyer. you by the people—— Mr. GRASSLEY. I have always said: session. The three of us, as members of Ms. ANDREWS: Right. Thank God we only have to have one the Armed Services Committee, have Mr. FOSTER:—against whom he made the learned a good deal more about this allegations. Philadelphia lawyer in the Senate. Mr. SPECTER. The Senator said off- subject and, I say with great respect, Mr. SPECTER. In the absence of any camera: Thank God we only have one the plan as laid down by the President Senator on the floor seeking recogni- Philadelphia lawyer in the Senate. on the 10th of January. We believed we tion, I suggest the absence of a Mr. GRASSLEY. But I say that com- should make some additions to our res- quorum. plimentary. olution. The PRESIDING OFFICER. The Mr. SPECTER. But says it com- We have not had the opportunity, clerk will call the roll. plimentary. I don’t know. The tone of given the hour, to circulate this among The assistant legislative clerk pro- his voice was usually derisive. There all of our cosponsors so at this time it ceeded to call the roll. was one time the Senate had two will not bind them, but subsequently, Mr. SPECTER. Mr. President, I ask Philadelphia lawyers, Senator Hugh tomorrow, I hope to contact all of unanimous consent the order for the Scott and Senator Joe Clark, they were them, together with my two col- quorum call be rescinded. lawyers together. Senator Clark was leagues, and determine their concur- The PRESIDING OFFICER (Ms. elected to the Senate in 1956 for two rence to go on this one. I am optimistic CANTWELL). Without objection, it is so terms and Senator Scott in 1958 for they will all stay. ordered. three terms. So there was an overlap- Mr. SPECTER. Madam President, a But let me give the Senate several ping period of time where there were examples of what we think is impor- personal comment or two. On the Sen- two Philadelphia lawyers in the Sen- ate floor, some years ago, I compared tant in the course of the debate—that ate. these subjects be raised. We put it be- Senator GRASSLEY to Senator Harry But notwithstanding the questioning Truman, later President Harry Tru- fore the Senate now in the form of fil- tone, sometimes, of Senator GRASSLEY ing this resolution, such that all can man. I did so after observing Senator about a Philadelphia lawyer, I main- GRASSLEY’s work over a long period of see it and have the benefit, to the ex- tain my view of him at the highest tent it is reproduced and placed into time. Senator GRASSLEY prides himself level of comparison to President Tru- on being a farmer—on being a farmer the public domain. Because the three of man. us are still open for suggestions, and Senator. May the record show that Mr. GRASSLEY. Thank you. Senator GRASSLEY is nodding in the af- Mr. SPECTER. I suggest the absence we will continue to have receptivity to firmative. It may be—Senator GRASS- of a quorum. suggestions as this critical and very LEY would have to speak for himself— The PRESIDING OFFICER. The important subject is deliberated by the he prides himself more on his status as clerk will call the roll. Senate. a farmer than as a Senator. But if he The assistant legislative clerk pro- Our objective is to hope that some- were to do that, I would disagree with ceeded to call the roll. how through our efforts and the efforts

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We feel very strongly that we of the nine districts in Baghdad, and der if the Senator will yield for a unan- want to see our Armed Forces succeed the United States likewise will have a imous consent request. in Iraq to help bring about greater sta- chain of command in that same district The PRESIDING OFFICER. The Sen- bility to that country, greater security or such segments of this plan as the ator from Michigan is recognized. to that country, so that the current military finally put together—each Mr. WARNER. Madam President, I elected government, through a series of will have a chain of command, the really feel, if we could more fully—— free elections—the current elected gov- Iraqi forces and the United States Mr. LEVIN. It is just a unanimous ernment can take a firmer and firmer forces. consent request. hand on the reins of sovereignty. We In the course of the testimony that Mr. WARNER. Does it affect what we believe if for political reasons all Mem- we received, particularly testimony are trying to lay down in any way? bers of the Senate go over to vote with from the retired Vice Chief of the U.S. Mr. LEVIN. I was just going to ask their party, and the others go over to Army on Friday afternoon, he was con- unanimous consent that I be added as a vote with their party, we will have lost cerned, as a number of Senators are cosponsor of the resolution. and failed to provide the leadership I concerned—and our provision literally Mr. WARNER. That is fine. I didn’t believe this Chamber can provide to flags this, and flags it in such a way realize that was coming to pass. It is the American people so they can better that we call upon the Secretary of De- late in the day, and I suppose we could understand the new strategy, and that fense and the Chairman of the Joint anticipate a lot of things. But anyway the President can take into consider- Chiefs of Staff to look at that plan and I thank the Senator. ation our resolution hasn’t been to bring such clarification forward as The PRESIDING OFFICER. The Sen- changed. may be necessary, and to do it in a way ator from Michigan is recognized. We say to the President: We urge that will secure the safety of our Mr. LEVIN. As I understand, the res- that you take into consideration the forces, the protection of our forces, and olution has not yet been sent to the options that we put forth, the strategy yet go forward with this idea of a desk. that we sort of lay out, in the hopes greater sharing of the command re- Mr. WARNER. It momentarily will that it will be stronger and better un- sponsibility in the operations to take be. derstood by the people in this country. place in Baghdad. So we simply call on Mr. LEVIN. I ask unanimous consent Their support, together with a strong the administration to bring such clari- that I be added as a cosponsor to the level of bipartisan support in the Con- fication and specificity to the Congress resolution. gress for the President’s plan, hope- and the people of the United States to The PRESIDING OFFICER. Without fully as slightly modified, can be suc- ensure the protection of our force and objection, it is so ordered. cessful. We want success, Madam Presi- that this command structure will work Mr. LEVIN. I thank my friend from dent. We want success. because I believe it doesn’t have—I am Nebraska. So that is the reason we come this trying to find a precedent where we The PRESIDING OFFICER. The Sen- evening. I am going to speak to one or have operated like this. I have asked ator from Nebraska is recognized. two provisions, and my colleagues can the expert witnesses in hearings, and Mr. NELSON of Nebraska. Madam address others. thus far those witnesses have not been President, tonight I believe we have First, the unity of command. We able to explain the command structure seen the introduction of a resolution have a time-honored tradition with that we have conceived, the concept of which not only has had bipartisan sup- American forces that wherever pos- the plan of January 10, just how it will port in its prior form but will receive sible, there be a unity of command work. very strong bipartisan support in its from an American commander, what- Likewise, we put in a very important current form, as amended. ever rank that may be, down to the pri- paragraph which says that nothing in I rise to support this resolution for a vate, and that our forces can best oper- this resolution should be construed as number of reasons. I think it is impor- ate with that unity of command and indicating that there is going to be a tant that we continue to support our provide the best security possible to all cutoff of funds. Given the complexity troops in the field and those who sup- members of the Armed Forces that are of this situation, there has been a lot port the troops across the world. I engaged in carrying out such mission of press written on the subject of our think it is important that we thank as that command is entrusted to per- resolution. Colleagues have come up to them for their service and that we form. me and said: Well, can you assure me make it very clear that this resolution A number of Senators, in the course that this doesn’t provide a cutoff of does not impair their ability to move of the hearing on Friday and the hear- funds. forward in their command. ing this morning, raised questions Now, the cutoff of funds is the spe- It is also important to point out that about this serious issue of unity of cific power given under the Constitu- while some of the cosponsors haven’t command. I say serious issue because tion to the Congress of the United had the opportunity to review this, it the President, in his remarks, de- States. I personally think that power is being circulated to them so that scribed—and this is on January 10—de- should not be exercised, certainly not they do have the opportunity to review scribed how there will be an Iraqi com- given the facts and the circumstances it. And I am sure they will become co- mander, and that we will have embed- today where this plan—which I hope in sponsors with the new resolution. ded forces with the Iraqi troops. Well, some manner will succeed and we are It is important to point out that in we are currently embedding forces, but working better with the Prime Min- this resolution, benchmarks are in- I think the plan—and that is what I ister and his forces. So at this point in cluded that I believe will help break refer to, the President’s announcement time I think it is important that our the cycle of dependence in Iraq by em- on January 10 in the generic sense as resolution carry language as follows: powering and requiring the authority the plan—will require perhaps a larger The Congress should not take any action of the Iraqi Government and the re- number of embedded forces. But the that will endanger United States military sponsibility of the Iraqi Government to forces in the field, including the elimination plan envisions an Iraqi chain of com- or reduction of funds for troops in the field, take a greater role in the battle in mand. The Iraqis indicated, in working as such an action with respect to funding Iraq, particularly as it relates to Bagh- with the President, this plan in many would undermine their safety or harm their dad. We generally believe that it is in- respects tracks the exchange of effectiveness in pursuing their assigned mis- appropriate for our troops to intercede thoughts that the President and the sions. in the battle between the Sunnis and Prime Minister have had through a se- So I think that very clearly elimi- the Shias on a sectarian basis in bat- ries of meetings and telephonic con- nates any consideration there. tles that are of a similar nature that

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1393 certainly do involve sectarian violence. and detain or otherwise battle these in- elements of that group be the prin- There is a greater role for the Iraqi dividuals. cipals to take the lead, as they proudly Government and the Iraqi military. It clarifies the language regarding say, give them the lead, and go into the This resolution in its present form will the troop increase that the President sectarian violence. That would enable assure the assuming of that greater has proposed, and as the Senator from our commanders, our President, to role, that greater responsibility by the Virginia has explained to our col- send fewer than 20,500 into that area. Iraqi Government and certainly by the leagues, it calls for a clarification of On the other hand, we support the Iraqi Army. the command and control structure so President with respect to his options It is a pleasure for me to introduce that we don’t have a dual line of com- regarding the Anbar Province and the and thank our cosponsor, the Senator mand. We want to have a very clear additional forces. from Maine, Ms. COLLINS. chain of command, and we call for Am I not correct in that? The PRESIDING OFFICER. The Sen- that. That isn’t the case now, and if Ms. COLLINS. If the Senator will ator from Maine is recognized. you ask any military officer, he or she yield on that point. Ms. COLLINS. Madam President, will tell you that having a clear chain Mr. WARNER. Yes. first let me thank Senator WARNER and of command, a unity of command, is Ms. COLLINS. The resolution we Senator NELSON for their continuing absolutely essential. We have made drafted very carefully distinguishes be- hard work in refining the language of these four changes in our legislation, tween the sectarian violence engulfing this very important resolution, a reso- in the resolution. We hope our col- Baghdad, where the Senator and Sen- lution that I hope will garner wide- leagues will take a close look at it. I ator NELSON believe it would be a huge spread bipartisan support when it is look forward to debating it more fully mistake for additional American brought to the Senate floor and de- when we get on this issue next week. troops to be in the midst of that, bated next week. Again, I commend the distinguished versus a very different situation in Since we first introduced our resolu- Senators with whom I have been very Anbar Province. tion last week, we have had the benefit privileged to work on this: Senator In Anbar, the violence is not sec- of further consultations with experts. WARNER, the former chairman of the tarian; the battle is with al-Qaida and We have had the benefit of conversa- Committee on Armed Services, my col- with foreign fighters, the Sunni tions with our colleagues. We have had league, Senator NELSON, also a member insurgencies, so we have Sunni versus the benefit of alternative resolutions of the Committee on Armed Services. Sunni. It is not sectarian. And what is that have been proposed by other Sen- All three of us serve on that com- more, local tribal leaders have recently ators, and we have had the benefit, mittee. We have brought to bear our joined with the coalition forces to fight most of all, of additional hearings in experience and what we have learned in al-Qaida. It is a completely different the Senate Armed Services Committee, the last week as we continue to study situation in Anbar. I do support the ad- including a classified briefing today. this very important issue, perhaps the dition of more troops in Anbar. Indeed, All of this activity has confirmed my most vital issue facing our country. the one American commander whom I belief that our resolution as originally Mr. WARNER. Madam President, I met with in December who called for proposed was on precisely the right thank our distinguished colleague from more troops in Anbar was General Kil- track, but the benefit of these hear- Maine. mer. ings, briefings, conversations and con- It has been a hard work in progress, Mr. WARNER. You refer to the one sultations has led us to improve our but we reiterate, perhaps Members commander you met. I wonder if the resolution by making four modifica- want to offer their own resolutions. We Senator would reference your trip in tions that the distinguished Senators are open to suggestions. We are not December and what others told you have just explained. trying to grab votes, just make ours about the addition of United States Let me, for the benefit of our col- stronger. forces. I think that is important for leagues, run through them one more I bring to the attention of my col- the RECORD. time. league, this is not to be construed as Ms. COLLINS. Madam President, if First, the resolution now makes very saying, Mr. President, you cannot do the Senator will continue to yield. clear that nothing in it is to be con- anything; we suggest you look at open- Mr. WARNER. Yes. strued as advocating any lessening of ings by which we could, hopefully, have Ms. COLLINS. It was a very illu- financial support for our troops. In- substantially less United States in- minating trip with other Senators. It deed, it goes firmly on record as being volvement of troops in what we foresee has shaped my views on the issues be- opposed to cutting off funds that would as a bitter struggle of sectarian vio- fore the Senate. be needed by our troops in Iraq. The lence. One American commander in Bagh- language is very clear on that. The American GI, in my judgment, dad told me a jobs program would do Second, there has been a great deal of has sacrificed greatly, and their fami- more good than additional American discussion about the need for the Iraqis lies, in giving sovereignty to this Na- troops in quelling the sectarian vio- to meet certain benchmarks—bench- tion. Now we see it is in the grip of ex- lence. He told me many Iraqi men were marks that in the past they have not traordinary sectarian violence. Sunni joining the militias or planting road- met. So we include language in this upon Shia, Shia upon Sunni. I am not side bombs simply because they had resolution that makes very clear that trying to ascribe which is more guilty been unemployed for so long they were we expect the Iraqi Prime Minister to than the other, but why should they desperate for money and would do any- agree to certain benchmarks; for exam- proceed to try and destabilize the very thing to support their families. This ple, to agree to work for the passage government that gives all Iraqis a tre- was an American commander who told and achieve the passage of legislation mendous measure of freedom, free from me this. that would ensure an equitable dis- tyranny and from Saddam Hussein. Prime Minister Maliki, in mid-De- tribution of oil revenues. That is a very Why should the American GI, who does cember, made very clear he did not important issue in Iraq. not have a language proficiency, who welcome the presence of additional It also includes a benchmark that the does not have a full understanding of American troops and, indeed, that he Iraqis are going to produce the troops the culture giving rise to these enor- chafed at the restrictions on his con- they have promised, and that they are mous animosities and hatreds that pre- trol of the Iraqi troops. So I didn’t hear going to operate according to the mili- cipitate the killings and other ac- it from Iraqi leaders, either. tary rules of engagement without re- tions—why should not that be left to The only place where I heard a regard to the sectarian information or the Iraqi forces? quest for more troops was in Anbar the sect of the people involved in the We have trained upwards of 200,000. Province where the situation, as we fighting. In other words, it doesn’t We have reason to believe today there have discussed, is totally different than matter whether an insurgent is a Sunni are 60,000 to 70,000 who are tested—in the sectarian violence plaguing Bagh- or a Shiite; if he is violating the law, many respects they have been partici- dad. engaging in violence, the Iraqi troops pating in a number of military oper- Mr. WARNER. Madam President, I and our troops would be able to arrest ations, together with our forces. Let thank my colleague.

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My observations, together with the We stand open to consider other op- So I appreciate very much the bipar- observations of others—some in our tions that may come before the Senate. tisan work of the Senator from Vir- Government, some in the private sec- At this point in time, our resolution ginia, Mr. WARNER. He has worked with tor—induced the administration—I am is the same form as the resolution we other Senators—I don’t know who he not suggesting we were the triggering filed here a week or so ago. We are not has worked with, but some I am aware cause, but we may have contributed— changing any of the procedures by of because I have read about them: to go to an absolutely, as you say in which the Senate takes into consider- Senators COLLINS, HAGEL, BEN NELSON, the Navy, ‘‘general quarters’’ to study ation our points. Whether we will be SNOWE, BIDEN, COLEMAN, and I am sure every aspect of the strategy which then able to utilize this as a substitute there are others. was in place, and which now is clearly should other amendments be called Today Senator WARNER and others stated as late as yesterday by the ad- upon the floor, the rules are quite com- submitted a new version of his concur- miral who will be the CENTCOM complex on that matter, and I will not rent resolution regarding the increase mander, wasn’t working. bring all of that into the record at this of troop levels in Iraq. Senator LEVIN I commend the President for taking point. But there are certain impedi- has taken that language, and tonight the study and inviting a number of ments procedurally as to how this spe- we will introduce it as a bill. It will be consultants. That whole process was cific resolution could ever be actually introduced as a bill because that is the very thorough. used for the purposes of a substitute. only way we can arrive at a point The point the Senator is making, as I yield the floor and suggest the ab- where we can start a deliberate debate late as December—mine in October, sence of a quorum. on this most important issue. We will yours in December—we both gained the The PRESIDING OFFICER. The introduce this as a bill which will begin same impressions that no one was ask- clerk will call the roll. the rule XIV process in order to get it ing for additional United States troops The legislative clerk proceeded to to the calendar and allow the Senate to at that time. call the roll. move to Senator WARNER’s legislation. Ms. COLLINS. If the Senator will Mr. WARNER. I ask unanimous con- We would prefer to do it as a concur- yield on that point, since the Senator sent that the order for the quorum call rent resolution; however, that would was the chairman of the Committee on be rescinded. only be the case if it would be open to Armed Services, as well, I would also The PRESIDING OFFICER (Mrs. complete substitute amendments, for share with our colleagues that the Sen- MURRAY). Without objection, it is so obvious reasons. ator presided over a hearing in mid-No- ordered. In order to permit the Senate to con- vember at which General Abizaid, the Mr. WARNER. Madam President, in sider amendments which are appro- central command general, testified be- the colloquy I participated in with my priate, I now ask unanimous consent fore our committee that more Amer- distinguished colleagues, Senator BEN that the Senate proceed to the consid- ican troops were not needed. He re- NELSON of Kansas and Senator COLLINS eration of Senator WARNER’s concur- ported he had consulted widely with of Maine—and I take responsibility— rent resolution, S. Con. Res. 7, on Mon- generals on the ground in Iraq, includ- somehow we had a misunderstanding day, February 5, at 12 noon, and that ing General Casey, in reaching that about the status. We wish to send to the entire concurrent resolution be conclusion. the desk and ask that this be numbered open to amendments and that a cloture I say to our colleagues that I think a new S. Con. Res. and, therefore, have motion with respect to S. Con. Res. 2 the record is clear. If you look at the the same status as the current S. Con. be vitiated. findings of your trip from October, the Res. we had submitted a week ago. The PRESIDING OFFICER. Is there testimony before the Committee on The PRESIDING OFFICER. The reso- objection? Armed Services from General Abizaid lution will be received and referred. Mr. MCCONNELL. Reserving the in November, what I heard in mid-De- Mr. WARNER. I thank the Chair. I right to object, I would say to my cember, I have to say, respectfully, I do suggest the absence of a quorum. friend, the majority leader, about a not believe the President’s plan with The PRESIDING OFFICER. The week ago, the distinguished majority regard to Baghdad—not Anbar but clerk will call the roll. leader indicated that we were going to Baghdad—is consistent with what we The legislative clerk proceeded to follow the regular order, that the Biden were told. call the roll. resolution coming out of the Foreign Mr. WARNER. I thank my colleague. Mr. REID. Madam President, I ask Relations Committee would be the ve- We should add an important ref- unanimous consent that the order for hicle for our debate, and I gather, in erence to work done by the Baker- the quorum call be rescinded. listening to the distinguished majority Hamilton commission. They have made The PRESIDING OFFICER. Without leader—if I might ask, without losing similar findings. They mention a slight objection, it is so ordered. my right to the floor, what is the sta- surge, but in my study of that one sen- f tus of the Biden resolution that came tence in that report, I don’t think they out of the Foreign Relations Com- ever envisioned a surge of the mag- ORDER OF PROCEDURE mittee? nitude that is here. Mr. REID. Madam President, I have Mr. REID. A motion to invoke clo- They can best speak for themselves already apologized to staff and others ture was filed on that. After we com- and, indeed, yesterday there was testi- for having to wait around so long, but plete work on the minimum wage bill, mony taken from two senior members sometimes it takes a long time to get automatically we will vote on that. I of that commission, but I don’t know from here to there. say to my distinguished friend, cloture whether they were speaking for the en- I, first of all, want to acknowledge will not be invoked on that. What I tire commission, and whether, in their the hard work of so many different peo- would like is unanimous consent that remarks, they may wish to amend por- ple that allowed us to get where we are we not have to vote cloture, that we tions of their report. I wasn’t present today, which certainly isn’t the finish just vitiate that vote and move to the for that testimony. line, but it is a starting point. Warner resolution and do that Monday. I hope someone in the Foreign Rela- People have heard me on other occa- But, as I know, the distinguished Re- tions Committee can make that clear. sions, on other matters, talk about the publican leader has only seen what I Were they speaking for the entire com- Senator from Virginia, Mr. WARNER. In have given him, the last little bit, not mission? Did they wish to have their my 25 years in the Congress—and I say because I didn’t want to give it to him remarks amend their report which we this without any reservation—I have but I didn’t have it. I certainly want

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I mutually acceptable. which I think is one of the most impor- haven’t been involved in any of the ne- The PRESIDING OFFICER. Objec- tant that I have visited in my now 29th gotiations with the Senators whom I tion is heard. year in the Senate. have mentioned here. I think it would Mr. WARNER. Will the Senator yield So I thank both leaders, and I join be to the best interests of the Senate, to me for a minute? my distinguished leader at this time in majority and minority, to start Mon- Mr. REID. I will yield to the Senator the objection because I do hope we do day, as I have suggested, and allow from Virginia, just making one brief not have to resort to legislative need of Senators—I will say, at a subsequent statement. I hope we can still do that. a bill. time, when the distinguished Repub- We still would like to do that. I think The PRESIDING OFFICER (Mr. lican leader yields the floor, I am going this will be, as I said, a good place to SALAZAR). The majority leader is rec- to say that I want to work with the Re- start. I also want the record to reflect ognized. publican leader in setting up a process tonight that the mere fact that this is Mr. REID. Mr. President, if we can’t for making sure people have the ability in bill form is as a result of meeting get such consent, then we will have to to offer reasonable amendments to this the very stringent rules of the Senate have a cloture vote on the motion to S. Con. Res. 7. That is my feeling. That to get it to the floor so we can have a proceed to Senator LEVIN’s bill on is where we are with the Biden-Hagel- vote on this matter on Monday; that at Monday at 12 noon. As for consider- Snowe-Levin resolution that is before any time we would agree to take this ation of an amendment, as I stated in the Senate, or will be. not being bill language and would be our colloquy, and I state now to the The PRESIDING OFFICER. Is there strictly a concurrent resolution lan- Chair, we will work with the Repub- objection to the request of the major- guage. We can do that anytime. The lican leader on an orderly process. He ity leader? reasons for that are quite obvious. We is an experienced legislator, as we all Mr. MCCONNELL. Reclaiming the don’t want this—a concurrent resolu- are, working on this bill. The problem floor, reserving the right to object, so tion, the President doesn’t have to sign we have is a narrow window of time be- the Biden proposal which came out of it, whatever happens on it. We will be cause of the absolute requirement—ab- the Foreign Relations Committee—I happy to work on that, too. solute requirement to finish the con- hear the majority leader—is no longer I yield to the Senator from Virginia. tinuing appropriations resolution by in consideration. If I understand the Mr. WARNER. I thank both leaders. February 15 to avoid a total closure of process correctly, it, too, could have The PRESIDING OFFICER. The Sen- the Federal Government—a total clo- been called up and an effort could have ator from Virginia. sure of the Federal Government. There been made to turn it into a bill as well. Mr. WARNER. I join my leader in the would be more time to debate amend- If we were to stay in bill status, would objection because I do hope we can ments, and I know the distinguished it be the intent of the majority leader work it out, that we do not have to re- Republican leader is looking at this to fill up the tree? sort to a bill status. Everybody knows legislation tonight. Mr. REID. I will work with the Re- what the rules are and how that would We didn’t have to go through the clo- publican leader to take any suggestion then involve the President in a bill sta- ture process on the motion to proceed the Republican leader would have as to tus. This should be a matter handled to Senator WARNER’s legislation. We how we can begin a debate. I would say by the Senate and the other body, simply want the Senate’s will for the in response to the statement, the rea- should they so desire. American people. I know that is what son I didn’t put the Biden-Hagel matter I say to my distinguished leader, I the minority wants, that is what the in a rule XIV posture is that is not did mention this afternoon that I was majority wants, and we have to figure what we want to start debate on. There going to take these steps—basically out a process to do that. I am open to is a bipartisan group of Senators who the changes from the original one, suggestions, but all I know, as I have believe the more appropriate matter is which we filed a week ago. Senator told my two friends, there is no other the Warner amendment. I don’t know NELSON, Senator COLLINS, and myself way to get to the Warner resolution what happened in your caucus yester- are still there. There is no major sig- than how we have done it tonight. If day. In my caucus, there was near una- nificant changes. We added a provision during the night we can work out nimity for the Warner resolution. regarding the serious problem I and something to move forward to a debate The PRESIDING OFFICER. Is there other Senators see—and we learned of starting Monday, I think it would be to objection? it in the open session on Friday in the the betterment of the Senate and the Mr. MCCONNELL. Reserving the Armed Services Committee and again American people. right to object, Madam President, Sen- this morning in closed session—of the I repeat: It is done in bill form for ator WARNER has been working dili- need to clarify this question of how a the simple reason it is the only way to gently on this issue and cares deeply dual command can take place in each get it to the floor. I repeat now for the about it. We have had some discus- of the nine provinces of Baghdad be- second time in front of the American sions, but I had not seen Senator WAR- tween the Iraqi military and the U.S. people, at any time, either by unani- NER’s proposal until just tonight. I am military. And, General Keane, on Fri- mous consent or by a vote of the Demo- not complaining about that, but the day, said he is going to urge General cratic caucus, joining in with, I am text of it is new to me as well as to the Petraeus to try to work with that. I sure, many Republicans, we will strip Democratic leader. think that can be handled, but it has to that language so it doesn’t have to go It is still my hope that we could, as be clarified. to the President. We want this to be a we discussed over the last couple of The other thing is that some col- resolution. This is something that is weeks in anticipation of this debate, leagues thought maybe we were laying business within the family, the con- enter into a consent agreement under the foundation of this body of the congressional family. The President which we would have had several dif- stitutional right of curtailing funds. doesn’t have to be involved in this— ferent proposals in their entirety, real- That was never the intention, and that only indirectly. izing the difficulty of amending a con- is made quite clear. The rest of it are The PRESIDING OFFICER. The mi- current resolution—several different changes that I believe are not ones nority leader is recognized. proposals in their entirety that the that in any way affect basically the Mr. MCCONNELL. Mr. President, just Senate could consider. Maybe this is a thrust of the original resolution, which briefly, I got the Warner resolution better way to go, but it occurred to me was to try to put before the Senate as language about 7 o’clock. There are that was probably the best way to go an institution the viewpoints of a bi- others on our side of the aisle, includ- forward with this important debate. partisan group—now 11 in number and ing Senator MCCAIN, Senator GRAHAM,

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He is probably the Sen- a bill for the purpose of amendment said, It has always been my dream to ate expert on our side of the aisle in but then to remove that bill status so work on Capitol Hill, I would say, I these matters, and his views of which that there is no question as to whether want you to meet Ed Greelegs. He way the Senate should proceed carry a it is going to the President. That gives would patiently take the time to read lot of weight in the Senate. But I can- us a chance to work our will, as the the resume, talk to them, relate his not at this late hour agree to this pro- Senator from Virginia has said, using life experience on Capitol Hill, and posal tonight. the bill-like approach to amendment point them in a direction so they had a Having said that—and these will be and gives the majority and minority chance to realize their dream, as he my last thoughts, I believe, for the leaders a chance to work together to had. They come back to me, years evening—I do think there ought to be a find a reasonable number of reasonable later, after success on the Hill or at way to work this out. We have made amendments so that we can, in fact, some other branch of Government, and considerable progress on our side of the express our will on this critically im- ask, How is Ed? That is the most com- aisle in narrowing down the proposals portant issue. mon question I run into. that we might want to offer. And I still But I say to the minority leader from Ed grew up in nearby Wheaton, MD, think the preferred way to do it—and I Kentucky, there is no guile in this pro- and graduated from the University of think the majority leader believes this posal. It is an effort to find a reason- Maryland. He came to Capitol Hill as as well—is to have a number of dif- able way for both sides of the aisle to an intern in 1970. In the 20 years be- ferent concurrent resolutions in the address this historic debate. tween that first internship and becom- queue. The distinguished Senator from f ing my chief of staff, Ed worked for Virginia has made it clear that he is RETIREMENT OF ED GREELEGS Congressman Marty Russo of Illinois, very uncomfortable, as he just ex- Congressman Bob Eckhart of Texas on Mr. DURBIN. Mr. President, I come pressed himself a moment ago, with the House Commerce Committee’s Sub- to the Senate today to say something I taking the bill approach to this. The committee on Investigations and Over- hoped I would never have to say. I am majority leader has indicated that is sight, then for Congressman Sam here to say thank you and farewell to not his preference either. I think the Gejdenson of Connecticut, and finally my chief of staff for the past 17 years, message is: Let’s see if we can’t craft a back to Congressman Russo’s office for Ed Greelegs, as he retires from the unanimous consent agreement that is most of the 1980s. He worked briefly for Senate. fair to both sides so that we can have This is the first time he has ever the Consumer Federation of America this important debate on this exceed- been on the floor of the Senate while it and for Fannie Mae. But when he left ingly important issue next week. was in session. Ed is the kind of person the Hill to go into the private sector, Mr. WARNER. Mr. President, I join who does his work without a lot of fan- his heart was still here. He even told in that because I think the operative fare, without a lot of need for atten- me stories of jobs in the private sector phrase is to let the Senate work its tion, but he does it so very well. where he never unpacked the boxes. He will. Those are the first words I used in Some people are drawn to Congress just never felt comfortable. It was not connection with this resolution when I because of what they think are the where he wanted to be. He might have laid it down last week. It is essential. perks and power that come with the been making more money, but he This is one of the most important his- job. That is not what Ed Greelegs has wasn’t happy. He found his way back to toric debates, as the distinguished given so much of his life to. For Ed, Capitol Hill. leader—both leaders—have said. We being a good public servant has always It was the leadership he showed in should let this body work its will. been privilege enough. The desire to the office of Marty Russo that really The PRESIDING OFFICER. The as- help others, to try to translate our Na- brought Ed to my attention. In 1990, I sistant majority leader. tion’s most cherished values into law persuaded him to come work for me as Mr. DURBIN. Mr. President, first let and policies that meet the challenge of my chief of staff in the House of Rep- me commend the Senator from Vir- our times—that is what brought Ed resentatives. Six years later, I decided ginia for his leadership and the con- Greelegs to the U.S. Congress and why to run for the Senate seat that be- tribution he has made to this historic he stayed all these years. longed to my longtime friend and men- debate, both for the Senate and for our I will say without fear of contradic- tor, Paul Simon. Ed Greelegs was at Nation. Thank you because I think tion that Ed is one of the most well my side in that effort. what you have presented in good faith liked, even beloved figures on Capitol I wondered how he would adjust, is an effort to engage in a very impor- Hill. All you have to do is walk down a making that transition from the House tant and historic debate. I thank you hallway in the Capitol with Ed to the Senate, but it was seamless. He for that. The fact that you have drawn Greelegs and you will know what I knew just as many people on this side so much support from both sides of the mean. He knows everybody and every- of the Hill as he continues to know on aisle is a testament to the fine work body knows him. His easygoing nature the House side. you have done, and I am glad that you and real caring for people means that For the 10 years I have served in the are here this evening in an effort to he has made thousands of friends on Senate, Ed Greelegs has been an unfail- continue that work. Capitol Hill. From those who do the ing source of wisdom and thoughtful I would say to the minority leader, important work of maintaining and advice. His quiet, wry sense of humor the Senator from Kentucky, it is un- cleaning our offices to those at the has helped to lighten the mood when derstandable that having been given highest levels, Ed knows them all. things become too intense, and his de- this language and this information at We have a saying in our office, inci- cency, modesty, and great egalitarian this late hour that he wants a little dentally: Talk to Ed, he probably spirit have helped remind everybody on more time to reflect on it, and I hope knows somebody. Whenever a new issue our side of what is most important and in the morning that we can come to comes up, if you want to know who you why we are here. the agreement that we all want. But to can turn to and trust, Ed invariably There are a few things Ed loves more reiterate what the Senator from Ne- knows whom to call. The relations he than the Senate. Among them are his vada, the majority leader, has said, has made and nurtured on and off the wife Susan and his stepchildren An- what we are seeking to do is what the Hill have been a great help to me for 17 drew and Amanda; another, his books. minority leader has expressed, and that years. I can’t tell you the countless Ed has so many books you wouldn’t be- is to create the appropriate forum and people who have never met Ed but who lieve it. He has a room, I understand, the appropriate vehicle for the debate have benefitted nonetheless from the completely filled in his home. The fact on this issue. alliances he has forged, the common that Susan stays with him despite this We struggle because the procedures ground he helped plow, and the laws he obsession on books tells you what a in the Senate make it difficult to take helped pass. strong marriage they have. When I

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Orleans Saints in the NFC champion- thank my colleague for joining me this Another one of Ed’s loves is music. ship game. morning to deliver some delicious, pip- One of his favorite musicians is singer- Of course, the Bears won fair and ing hot, and very spicy red beans and songwriter John Hiatt. Ed even per- square 39 to 14, but that score really rice that he and I cooked through the suaded Susan to include a John Hiatt doesn’t reflect how the game was actu- night to deliver to our colleagues, Sen- song at their wedding, entitled ‘‘Have a ally played. It was much closer than ator OBAMA and Senator DURBIN. I Little Faith in Me.’’ that for a long time. The Bears’ defense would like to personally congratulate Over 17 years, I have come to have played exceptionally, hats-off to them, the Bears on their victory and say it more than a little faith in Ed strong pass rush that really put the was a hard-fought victory during a Greelegs—not just his knowledge but Saints’ quarterback, Drew Brees, in great game of icy and cold conditions, his character and his decency. What I some precarious situations. They also but our Saints stood up under the tre- know about him is that you never have played overall a really tough physical mendous pressure of their defensive to worry about his motives. You never game, defensively and offensively. Be- line. have to wonder if his advice is crafted cause of some of the bone-crunching As Senator VITTER said, the final to serve himself or a friend more than hits delivered by the Bears’ defenders, score doesn’t reflect the battle that it serves the common good. His goal the Saints had multiple turnovers, and was actually played that day on that has always been the same: He wants certainly that was part of the problem field. But we congratulate the Bears on the best for the people of Illinois and from the Saints’ perspective. But, real- their victory and look forward to the best for America. When things go ly, I think the Chicago Bears won the watching them in the Super Bowl this well, as they often do when Ed is in- game because of their incredible abil- Sunday. volved, he doesn’t really care who gets ity to manage field position. Each time But to the Saints, I have to say the credit. the Saints’ offense took the field, it ap- again, as I have said several times on They say that behind every success- peared as if they had their back to the this Senate floor, thank you for being ful man is a surprised mother-in-law. I wall, including when a safety was so reflective of and mirroring the spirit can tell you that behind every good scored against them. of the people from Louisiana, from New Senator is a talented chief of staff. For So congratulations to the Chicago Orleans, from the region, and from the last 17 years, it has been my good Bears. Again, Senator LANDRIEU and I south Louisiana who have struggled, fortune to have my friend Ed Greelegs are here to fulfill our commitment and and like you, have been fighting back in that critical position in my office. I pay our debt. By the way, we just to bring our cities and our commu- am grateful to him for all he has done served Senator BARACK OBAMA’s staff a nities, large and small, urban and for me, for Illinois, and for our Nation. lunch of great Louisiana food, and we rural, back from the brink, in many I wish him the very best as he begins are about to do the exact same thing cases, of utter destruction. The Saints the next chapter of his career. I am for Senator DURBIN and his staff. have shown us the way, having experi- sure it will be a successful chapter. But as we give the Bears their due, I enced themselves as players and family As you wander around Washington, know both Senator LANDRIEU and I also members the loss of their homes, the you come to understand that there are want to praise the Saints for an abso- loss of their places of worship, the loss some people whom everybody likes. Ed lutely unbelievable season with the of the schools where their children at- Greelegs is one of those people. biggest turnaround in NFL history, tended but, like so many hundreds of My favorite story, which I want to going from a 3 in 13 last year to the thousands of citizens, have literally add at this point, involves the first trip NFC championship game this year. marched their way back to victory. So to Afghanistan after the Taliban were Much more importantly than just that, we are very grateful for their inspira- deposed. I joined with Senator Daschle they serve as a wonderful example of tion and their encouragement, every and a number of other Senators. We renewal and rebuilding from which we member of the team. went in on the first daylight landing at all can learn and emulate in terms of But to the Bears, led by Rex Gross- Bagram Air Force Base in Kabul in Af- the rebuilding of the gulf coast. man, who proved himself to be a Super ghanistan. It was very tense. There A lot of folks say it is just football, Bowl quarterback, to, again, their ex- were armored personnel carriers in it is just sports, but particularly in the traordinary defense on the field, we every direction and troops with weap- context of everything folks in the congratulate them. ons to defend us as we came off the C– greater New Orleans area are going Senator VITTER and I love pizza. We 130. As I came down the ramp and got through post-Katrina, the Saints were looking forward to that Chicago into an armored personnel carrier, meant an awful lot to us this season, pizza, but we ended up, because of what there was a man in civilian clothes and their example of leadership and in- happened, having to deliver our local standing there. tegrity and great turnarounds and favorite, red beans and rice, to Senator He asked: Are you Senator Dick Dur- commitment is something we all took DURBIN and Senator OBAMA. But our bin? pride in and I think something we all congratulations to them and to the I said: Yes. learned from. That example is going to people of Chicago and to the citizens of He said: I am a friend of Ed Greelegs’. be repeated in many other different Illinois who, I know, will be pulling for I couldn’t believe it. Here I am in the walks of live as we spur on our recov- their team. middle of a war zone, and I ran into a ery on the gulf coast even further. I also want to say we will be looking friend of Ed Greelegs’. So with that, Mr. President, I again forward to seeing Peyton Manning on Whether it is war or peace, whether congratulate the Chicago Bears. I con- the field. He is a wonderful quarter- it is on the Hill or off, time and again, gratulate our two Senate colleagues back from a great family in New Orle- everybody knows that Ed Greelegs is from Illinois. I wish them all the best ans that has also helped us and in- genuine. He is the real thing. I have in this Sunday’s Super Bowl. But I also spired us a great deal. been honored to have him at my side note, maybe they are going to need f for 17 years. I wish him the very best in that good luck because they face an- HONORING GEORGE OMAS, CHAIR- his future pursuits. other New Orleans powerhouse, Peyton MAN, POSTAL RATE COMMISSION Thanks, Ed. Manning, in Miami. So good luck to f them. Mr. LOTT. Mr. President. I rise to I yield the floor to Senator mark the retirement from Federal NFC CHAMPIONSHIP GAME LANDRIEU. service, of a loyal friend and Mississip- Mr. VITTER. Mr. President, Senator The PRESIDING OFFICER. Speaking pian, and a fine public servant, George LANDRIEU and I come to the Senate in my capacity as a Senator from Min- Omas.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1398 CONGRESSIONAL RECORD — SENATE January 31, 2007 Word has reached me that George Congress generously appropriated to the President is incapable of developing will soon be leaving the Postal Rate Postal Service to protect the security of the and executing a national security Commission, where he has been serving mail was used for operations. strategy that will make our country as Chairman since November 2001. His George took the success of that effort safer. leadership at the helm of that agency, and encouraged the Postal Service to Unfortunately, Mr. President, be- which oversees the revenues and ex- look beyond the historical friction ex- cause of our disproportionate focus on penses of the U.S. Postal Service and isting at their two agencies and focus Iraq, we are not using enough of our recommends the appropriate postage on new ways to help the Postal Service military and intelligence capabilities rates, has done much to restore finan- continue to be successful. The Postal for defeating al-Qaida and other ter- cial confidence in the Postal Service. Service initiated a number of so-called rorist networks around the world, nor September 11 and the accompanying negotiated service agreements and the are we focusing sufficient attention on anthrax attacks rocked our U.S. Postal commission and interested parties challenges we face with countries such Service with unplanned for expenses to processed such agreements that as Iran, North Korea, Syria, or even such a degree that an increase in rates brought in new volumes of mail and ad- China. were badly needed to offset those ex- ditional revenues to the Postal Service While we have been distracted in penses without reducing services to the thus, extending the time needed be- Iraq, terrorist networks have developed American people. When the Postal tween rate increases. new capabilities and found new sources Service made their request to the com- George has been a very successful of support throughout the world. We mission on September 24, 2001, George chairman at the commission and I have seen terrorist attacks in India, made history by thinking truly ‘‘out- want to note his departure. I hope the Morocco, Turkey, Afghanistan, Indo- side the box’’ and proposed something legacy he leaves behind in the postal nesia, Spain, Great Britain, and else- never done before but was highly need- community and indeed, throughout where. The administration has failed to ed at the time: a ‘‘settlement agree- government, is one of innovative adequately address the terrorist safe ment’’ of a major rate case. No small thinking and the knowledge that work- haven that has existed for years in So- task as it required the Postal Service, ing together can solve seemingly insur- malia or the recent instability that has the Postal Rate Commission and al- mountable problems. threatened to destabilize the region. most 100 interested parties and rep- So now that I have told you about And resurgent Taliban forces are con- resentatives of the mailing industry to George and the good things he has tributing to growing levels of insta- agree to forgo lengthy litigation of the done, as a good Senator, I want to take bility in Afghanistan. pending case and meet and work out credit for his good work by saying that Meanwhile, the U.S. presence in Iraq differences together. I have known George since our days to- is being used as a recruiting tool for He was told it was ‘‘impossible’’ gether at The University of Mississippi terrorist organizations from around there was too much money at stake for and that he served on my staff at var- the world. We heard the testimony of parties to waive a good portion of their ious times in my career, including my Dr. Paul Pillar, former lead CIA ana- due process rights to achieve such an time on the former House Committee lyst for the Middle-East, a few weeks agreement. But, he felt strongly that on Post Office and Civil Service. When ago in front of the Foreign Relations September 11 was an extraordinary President Clinton nominated George as Committee. He said, and I quote: event and it called for extraordinary Postal Rate Commissioner in 1997, I The effects of the war in Iraq on inter- thinking on everyone’s part, so on the was very pleased to introduce him at national terrorism were aptly summarized in first day of the hearings in that case his confirmation hearings and give him the National Intelligence Estimate on inter- after he had read his opening state- my support. Needless to say, I was even national terrorism that was partially declas- ment, he added these remarks: more pleased when President Bush des- sified last fall. In the words of the esti- mators, the war in Iraq has become a ‘‘cause I have often heard it said that there could ignated George as chairman of the celebre’’ for jihadists, is ‘‘shaping a new gen- never be a settlement in an omnibus rate commission in 2001. eration of terrorist leaders and operatives,’’ case. There are too many conflicting inter- George comes from good folks; his is one of the major factors fueling the spread ests, and too much money is at stake. But it sister and her husband Bernadine and of the global jihadist movement, and is being seems to me that if there was ever a time exploited by Al-Qa’ida ‘‘to attract new re- when ‘business as usual’ was not an attrac- Ralph Marchitto, his niece Debra Lynn Wren, her husband John and George’s cruits and donors.’’ I concur with those judg- tive course of action, and when cooperative ments, as I believe would almost any other efforts to promptly resolve issues through grand niece Rebecca Elizabeth Wren still reside in the Biloxi area. Almost serious student of international terrorism. settlement might be the right course of ac- [January 10th, 2007] tion, that time is now. everyone who lived in Biloxi in the Retired senior military officers have To everyone’s surprise, even their 1950s to the 1980s knew his parents, also weighed in against the President’s own, the parties responded. In approxi- Violet and Pete Omas. handling of this war. Retired com- mately two and a half months the I will add that while George may be mander of Central Command, General many diverse interests that frequently leaving the Postal Rate Commission, I Hoar, testified in front of the Foreign bitterly contest multiple issues in don’t believe he will going far, he has Relations Committee last week. This is postal rate cases were able to nego- too much left to offer and I look for- what the general said: tiate, revise, and submit a stipulation ward to continuing to follow his future and agreement as a proposed settle- successes. Sadly, the new strategy, a deeply flawed solution to our current situation, reflects ment. Instead of the normal 10 months, f the continuing and chronic inability of the the entire case was initiated, nego- IRAQ administration to get it right. The coura- tiated and agreed to within 6 months. geous men and women of our Armed Forces In the 2002 Annual Report of the Mr. FEINGOLD. Mr. President, I have been superb. They have met all the Postal Service, the Postmaster General have listened intently over the past challenges of this difficult war. Unfortu- and the Chairman of the Board of Gov- few weeks as the President, members of nately, they have not been well served by the ernors explained the effect of those mo- his Cabinet, and Members of this civilian leadership. [January 18th, 2007] mentous remarks: Chamber have discussed Iraq, the war If we escalate our involvement in And, following a suggestion by the chair- on terror, and ways to strengthen our Iraq or continue the President’s course, man of the Postal Rate Commission, we ap- national security. that means keeping large numbers of proached our major stakeholders and took a For years, now, I have opposed this U.S. military personnel in Iraq indefi- bold step that enabled us to implement new administration’s policies in Iraq as a nitely. It means continuing to ask our postage rates in June, 2002, rather than in diversion from the fight against ter- brave servicemembers to somehow pro- the fall. This gained us an additional $1 bil- rorism. But I have never been so sure vide a military solution to a political lion in revenue. As a result, and despite the of the fact that this administration impacts of the recession and the terror at- problem, one that will require the will tacks, we were able to close the year with a misunderstands the nature of the of the Iraqi people to resolve. loss that was almost $700 million below origi- threats that face our country. I am Escalating our involvement in Iraq nal projections and half of last year’s. None also surer than ever—and it gives me also means that our military’s readi- of the $762 million the Administration and no pleasure to say this—that this ness levels will continue to deteriorate.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1399 It means that a disproportionate level gress got the power of the purse, and our troops in any way—they will con- of our military resources will continue the President got the power of the tinue receiving their equipment, train- to be focused on Iraq while terrorist sword. As James Madison wrote, ing, and salaries. It will simply prevent networks strengthen their efforts ‘‘Those who are to conduct a war can- the President from continuing to de- worldwide. The fight against the not in the nature of things, be proper ploy them to Iraq and will provide a Taliban and al-Qaida in Afghanistan, or safe judges, whether a war ought to hard deadline for bringing them home. too, will continue to suffer, as it has be commenced, continued or con- By passing this bill, we can finally since we invaded Iraq. If we escalate cluded.’’ focus on repairing our military and our involvement in Iraq, we won’t be The President has made the wrong countering the full range of threats able to finish the job in Afghanistan. judgment about Iraq time and again, that we face around the world. Finally, the safety of our country first by taking us into war on a fraudu- There is plenty of precedent for Con- would be uncertain, at best. Terrorist lent basis, then by keeping our brave gress exercising its constitutional au- organizations and insurgencies around troops in Iraq for nearly 4 years, and thority to stop U.S. involvement in the world will continue to use our pres- now by proceeding despite the opposi- armed conflict. Just yesterday, I ence in Iraq as a rallying cry and re- tion of the Congress and the American chaired a Judiciary Committee hearing cruiting slogan. Terrorist networks people to put 21,500 more American entitled ‘‘Exercising Congress’s Con- will continue to increase their sophis- troops into harm’s way. stitutional Power to End a War.’’ tication and reach as our military ca- If and when Congress acts on the will Without exception, every witness— pabilities are strained in Iraq. of the American people by ending our those called by the majority and the These are only some of the costs of involvement in the Iraq war, Congress minority—did not challenge the con- this ongoing war in Iraq. I have not ad- will be performing the role assigned it stitutionality of Congress’s authority dressed the most fundamental cost of by the Founding Fathers defining the to use the power of the purse to end a this war the loss of the lives of our Na- nature of our military commitments war. A number of the witnesses went tion’s finest men and women, and the and acting as a check on a President further and said that Congress has not grief and suffering that accompanies whose policies are weakening our Na- only the authority but the obligation their sacrifice by their families. We tion. to take specific actions that are in the have lost 3,075 men and women in uni- There is little doubt that decisive ac- interest of the nation. form, and that number continues to tion from the Congress is needed. De- I would like to read one quote by Mr. rise. spite the results of the election and 2 Lou Fisher of the Library of Congress. These losses, and the damaging con- months of study and supposed con- He said, and I quote: sequences to our national security, are sultation—during which experts and In debating whether to adopt statutory re- not justified, in my mind, because the Members of Congress from across the strictions on the Iraq War, Members of Con- gress want to be assured that legislative lim- war in Iraq was, and remains, a war of political spectrum argued for a new itations do not jeopardize the safety and se- choice. Some in this body, even those policy—the President has decided to es- curity of U.S. forces. Understandably, every who have questioned the initial ration- calate the war. When asked whether he Member wants to respect and honor the per- ale for the war, suggest that we have would persist in this policy despite formance of dedicated American soldiers. no choice but to remain in Iraq indefi- congressional opposition, he replied: However, the overarching issue for law- nitely. Some here in this Chamber sug- ‘‘Frankly, that’s not their responsi- makers is always this: Is a military oper- gest that there is no choice than to bility.’’ ation in the nation’s interest? If not, placing more U.S. soldiers in harm’s way is not a continue to give the President def- Last week Vice President CHENEY proper response. Members of the House and erence, even when the result is dam- was asked whether the nonbinding res- the Senate cannot avoid the question or aging to our national security. Some olution passed by the Foreign Rela- defer to the President. Lawmakers always argue it isn’t the role of Congress to tions Committee that will soon be con- decide the scope of military operations, ei- even debate bringing an end to this sidered by the full Senate would deter ther by accepting the commitment as it is or war. the President from escalating the war. by altering its direction and purpose. Deci- That argument is mistaken. Congress He replied: ‘‘It’s not going to stop us.’’ sion legitimately and constitutionally re- has a choice, and a responsibility, to In the United States of America, the sides in Congress. determine whether we continue to people are sovereign, not the President. There are significant historical allow this President to devote so much It is Congress’s responsibility to chal- precedents for this type of legislation of our resources to Iraq or whether we lenge an administration that persists that I have introduced today. listen to the American public and put in a war that is misguided and that the In late December 1970, Congress pro- an end to this war, begin repairing our country opposes. We cannot simply hibited the use of funds to finance the military, and devote our resources to wring our hands and complain about introduction of ground combat troops waging a global campaign against al- the administration’s policy. We cannot into Cambodia or to provide United Qaida and its allies. We cannot do both. just pass resolutions saying ‘‘your pol- States advisors to or for Cambodian The Constitution gives Congress the icy is mistaken.’’ And we can’t stand military forces in Cambodia. explicit power ‘‘[to] declare War,’’ ‘‘[t]o idly by and tell ourselves that it is the In late June 1973, Congress set a date raise and support Armies,’’ ‘‘[t]o pro- President’s job to fix the mess he to cut off funds for combat activities in vide and maintain a Navy,’’ and ‘‘[t]o made. It is our job to fix the mess, and South East Asia. The provision read, make Rules for the Government and if we don’t do so we are abdicating our and I quote: Regulation of the land and naval responsibilities. None of the funds herein appropriated Forces.’’ In addition, under article I, I have just introduced legislation, co- under this act may be expended to support directly or indirectly combat activities in or ‘‘No Money shall be drawn from the sponsored by Senator BOXER, which over Cambodia, Laos, North Vietnam, and Treasury, but in Consequence of Appro- will prohibit the use of funds to con- South Vietnam by United States forces, and priations made by Law.’’ These are di- tinue the deployment of U.S. forces in after August 15, 1973, no other funds here- rect quotes from the Constitution of Iraq 6 months after enactment. By pro- tofore appropriated under any other act may the United States. Yet to hear some in hibiting funds after a specific deadline, be expended for such purpose. the administration talk, it is as if Congress can force the President to More recently, President Clinton these provisions were written in invis- bring our forces out of Iraq and out of signed into law language that prohib- ible ink. They were not. These powers harm’s way. ited funding after March 31, 1994, for are a clear and direct statement from This legislation will allow the Presi- military operations in Somalia, with the Founders of our Republic that Con- dent adequate time to redeploy our certain limited exceptions. And in 1998, gress has authority to declare, to de- troops safely from Iraq, and it will Congress passed legislation including a fine, and ultimately, to end a war. make specific exceptions for a limited provision that prohibited funding for Our Founders wisely kept the power number of U.S. troops who must re- Bosnia after June 30, 1998, unless the to fund a war separate from the power main in Iraq to conduct targeted coun- President made certain assurances. to conduct a war. In their brilliant de- terterrorism and training missions and Many Members of this body are well sign of our system of government, Con- protect U.S. personnel. It will not hurt aware of this history. Unfortunately,

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If Congress (a) Subject to the provisions of paragraph cussion about the use of the power of (b), eight members of the Committee shall doesn’t stop this war, it is not because constitute a quorum for the reporting or ap- the purse. it doesn’t have the power; It is because proving of any measure or matter or rec- Some have suggested that if Congress it doesn’t have the will. ommendation. Five members of the Com- uses the power of the purse, our brave f mittee shall constitute a quorum for pur- troops in the field will somehow suffer poses of transacting any other business. or be hung out to dry. This is com- COMMITTEE ON VETERANS’ (b) In order to transact any business at a pletely false. Congress has the power to AFFAIRS RULES OF PROCEDURE Committee meeting, at least one member of the minority shall be present. If, at any end funding for the President’s failed Mr. AKAKA. Mr. President, the Com- Iraq policy and force him to bring our meeting, business cannot be transacted be- mittee on Veterans’ Affairs has adopt- cause of the absence of such a member, the troops home. Nothing—nothing—will ed rules governing its procedures for matter shall lay over for a calendar day. If prevent the troops from receiving the the 110th Congress. Pursuant to rule the presence of a minority member is not body armor, ammunition, and other re- XXVI, paragraph 2, of the Standing then obtained, business may be transacted sources they need to keep them safe be- Rules of the Senate, on behalf of my- by the appropriate quorum. (c) One member shall constitute a quorum fore, during, and after their redeploy- self and Senator CRAIG, I ask unani- for the purpose of receiving testimony. ment. By forcing the President to safe- mous consent that a copy of the com- III. VOTING ly bring our forces out of Iraq, we will mittee rules be printed in the RECORD. (a) Votes may be cast by proxy. A proxy protect them, not harm them. There being no objection, the mate- Others have suggested that using the shall be written and may be conditioned by rial was ordered to be printed in the personal instructions. A proxy shall be valid power of the purse is micromanaging RECORD, as follows: the war. Not so. It makes no sense to only for the day given. COMMITTEE ON VETERANS’ AFFAIRS (b) There shall be a complete record kept argue that once Congress has author- of all Committee action. Such record shall RULES OF PROCEDURE 109TH CONGRESS ized a war it cannot take steps to limit contain the vote cast by each member of the or end that war. Setting a clear policy I. MEETINGS Committee on any question on which a roll is not micromanaging; it is exactly (a) Unless otherwise ordered, the Com- call vote is requested. what the Constitution contemplates, as mittee shall meet on the first Wednesday of IV. HEARINGS AND HEARING PROCEDURES we have heard today. Congress has had each month. The Chairman may, upon proper (a) Except as specifically otherwise pro- notice, call such additional meetings as to use its power many times before, vided, the rules governing meetings shall deemed necessary. govern hearings. often when the executive branch was (b) Except as provided in subparagraphs (b) ignoring the will of the American peo- (b) At least 1 week in advance of the date and (d) of paragraph 5 of rule XXVI of the of any hearing, the Committee shall under- ple. It has done so without microman- Standing Rules of the Senate, meetings of take, consistent with the provisions of para- aging and without endangering our sol- the Committee shall be open to the public. graph 4 of rule XXVI of the Standing Rules diers. The Committee shall prepare and keep a of the Senate, to make public announce- Some have argued that cutting off complete transcript or electronic recording ments of the date, place, time, and subject funding would send the wrong message adequate to fully record the proceedings of matter of such hearing. to the troops. Our new Defense Sec- each meeting whether or not such meeting (c) The Committee shall require each wit- or any part thereof is closed to the public. ness who is scheduled to testify at any hear- retary even made this argument last (c) The Chairman of the Committee, or the week with respect to the nonbinding ing to file 40 copies of such witness’ testi- Ranking Majority Member present in the ab- mony with the Committee not later than 48 resolution now under consideration. sence of the Chairman, or such other Mem- hours prior to the witness’ scheduled appear- These claims are offensive and self- ber as the Chairman may designate, shall ance unless the Chairman and Ranking Mi- serving. preside at all meetings. nority Member determine there is good cause Congress has the responsibility in (d) Except as provided in rule XXVI of the for failure to do so. our constitutional system to stand up Standing Rules of the Senate, no meeting of (d) The presiding member at any hearing is to the President when he is using our the Committee shall be scheduled except by authorized to limit the time allotted to each majority vote of the Committee or by au- military in a way that is contrary to witness appearing before the Committee. thorization of the Chairman of the Com- (e) The Chairman, with the concurrence of our national interest. If anything, mittee. the Ranking Minority Member of the Com- Congress’s failure to act when the (e) The Committee shall notify the office mittee, is authorized to subpoena the attend- American people have lost confidence designated by the Committee on Rules and ance of witnesses and the production of in the President’s policy would send a Administration of the time, place, and pur- memoranda, documents, records, and any more dangerous and demoralizing mes- pose of each meeting. In the event such other materials. If the Chairman or a Com- sage to our troops—that Congress is meeting is canceled, the Committee shall mittee staff member designated by the willing to allow the President to pur- immediately notify such designated office. Chairman has not received from the Ranking (f) Written or electronic notice of a Com- sue damaging policies that are a threat Minority Member or a Committee staff mem- mittee meeting, accompanied by an agenda ber designated by the Ranking Minority to our national security and that place enumerating the items of business to be con- Member notice of the Ranking Minority them at risk. sidered, shall be sent to all Committee mem- Member’s nonconcurrence in the subpoena Any effort to end funding for the war ber at least 72 hours (not counting Satur- within 48 hours (excluding Saturdays, Sun- must ensure that our troops are not days, Sundays, and Federal holidays) in ad- days, and Federal holidays) of being notified put in even more danger and that im- vance of each meeting. In the event that the of the Chairman’s intention to subpoena at- portant counterterrorism missions are giving of such 72-hour notice is prevented by tendance or production, the Chairman is au- still carried out. Every Member of this unforeseen requirements or Committee busi- thorized following the end of the 48–hour pe- body, without exception, wants to pro- ness, the Committee staff shall communicate riod involved to subpoena the same without notice by the quickest appropriate means to tect our troops, and our country. But the Ranking Minority Member’s concur- members or appropriate staff assistants of rence. Regardless of whether a subpoena has we can do that while at the same time Members and an agenda shall be furnished been concurred in by the Ranking Minority living up to our responsibility to stop prior to the meeting. Member, such subpoena may be authorized the President’s ill-advised, ill-con- (g) Subject to the second sentence of this by vote of the Members of the Committee. ceived, and poorly executed policies, paragraph, it shall not be in order for the When the Committee or Chairman authorizes which are taking a devastating toll on Committee to consider any amendment in a subpoena, the subpoena may be issued upon our military and on our national secu- the first degree proposed to any measure the signature of the Chairman or of any rity. It is up to Congress to do what is under consideration by the Committee un- other member of the Committee designated less a written or electronic copy of such by the Chairman. right for our troops and for our na- amendment has been delivered to each mem- (f) Except as specified in Committee Rule tional security, which has been badly ber of the Committee at least 24 hours before VII (requiring oaths, under certain cir- damaged by diverting so many re- the meeting at which the amendment is to cumstances, at hearings to confirm Presi- sources into Iraq. be proposed. This paragraph may be waived dential nominations), witnesses at hearings

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1401 will be required to give testimony under designated facility is located has indicated subcommittee, actually present, may order oath whenever the presiding member deems in writing such member’s support of the pro- such measure or matter reported. such to be advisable. posal to name such facility after such indi- (c) No measure or matter shall be ordered V. MEDIA COVERAGE vidual; and reported from the committee or a subcommittee unless a majority of the com- Any Committee meeting or hearing which (C) the pertinent State department or mittee or subcommittee is physically is open to the public may be covered by tele- chapter of each Congressionally chartered present. vision, radio, and print media. Photog- veterans’ organization having a national Rule 5.—With the approval of the chairman raphers, reporters, and crew members using membership of at least 500,000 has indicated of the committee or subcommittee, one mechanical recording, filming or broad- in writing its support of such proposal. member thereof may conduct public hearings casting devices shall position and use their IX. AMENDMENTS TO THE RULES other than taking sworn testimony. equipment so as not to interfere with the The rules of the Committee may be Rule 6.—Proxy voting shall be allowed on seating, vision, or hearing of the Committee changed, modified, amended, or suspended at all measures and matters before the com- members or staff or with the orderly conduct any time, provided, however, that no less mittee or a subcommittee if the absent of the meeting or hearing. The presiding than a majority of the entire membership so member has been informed of the matter on member of the meeting or hearing may for determine at a regular meeting with due no- which he is being recorded and has affirma- good cause terminate, in whole or in part, tice, or at a meeting specifically called for tively requested that he be so recorded. the use of such mechanical devices or take that purpose. The rules governing quorums While proxies may be voted on a motion to such other action as the circumstances and for reporting legislative matters shall gov- report a measure or matter from the com- the orderly conduct of the meeting or hear- ern rules changes, modification, amend- mittee, such a motion shall also require the ing may warrant. ments, or suspension. concurrence of a majority of the members VI. GENERAL f who are actually present at the time such All applicable requirements of the Stand- action is taken. ing Rules of the Senate shall govern the COMMITTEE ON HEALTH, EDU- The committee may poll any matters of Committee. CATION, LABOR, AND PENSIONS committee business as a matter of unani- VII. PRESIDENTIAL NOMINATIONS RULES OF PROCEDURE mous consent; provided that every member is polled and every poll consists of the fol- (a) Each Presidential nominee whose nomi- Mr. KENNEDY, Mr. President, pursu- lowing two questions: nation is subject to Senate confirmation and ant to the requirements of paragraph 2 (1) Do you agree or disagree to poll the pro- referred to this Committee shall submit a of Senate rule XXVI, I ask unanimous posal; and statement of his or her background and fi- (2) Do you favor or oppose the proposal. nancial interests, including the financial in- consent to have printed in the RECORD the rules of the Committee on Health, Rule 7.—There shall be prepared and kept a terests of his or her spouse and of children complete transcript or electronic recording living in the nominee’s household, on a form Education, Labor, and Pensions for the adequate to fully record the proceedings of approved by the Committee which shall be 110th Congress adopted by the com- each committee or subcommittee meeting or sworn to as to its completeness and accu- mittee on January 31, 2007. conference whether or not such meetings or racy. The Committee form shall be in two There being no objection, the mate- any part thereof is closed pursuant to the parts— rial was ordered to be printed in the specific provisions of subsections (b) and (d) (A) information concerning employment, RECORD, as follows: of rule 26.5 of the Standing Rules of the Sen- education, and background of the nominee ate, unless a majority of said members vote RULES OF PROCEDURE OF THE SENATE COM- which generally relates to the position to to forgo such a record. Such records shall MITTEE ON HEALTH, EDUCATION, LABOR, AND which the individual is nominated, and contain the vote cast by each member of the PENSIONS, JANUARY 31, 2007 which is to be made public; and committee or subcommittee on any question (B) information concerning the financial Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, and other background of the nominee, to be XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any made public when the Committee determines the Senate, regular meetings of the com- committee member. The clerk of the com- that such information bears directly on the mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have nominee’s qualifications to hold the position Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- to which the individual is nominated. room SD–430, Dirksen Senate Office Build- rangements to implement this rule. Committee action on a nomination, including. The chairman may, upon proper notice, Rule 8.—The committee and each sub- ing hearings or a meeting to consider a mo- call such additional meetings as he may committee shall undertake, consistent with tion to recommend confirmation, shall not deem necessary. the provisions of rule XXVI, paragraph 4, of be initiated until at least five days after the Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue nominee submits the form required by this of a subcommittee, or if the chairman is not public announcement of any hearing it in- rule unless the Chairman, with the concur- present, the ranking majority member tends to hold at least one week prior to the rence of the Ranking Minority Member, present, shall preside at all meetings. The commencement of such hearing. waives this waiting period. chairman may designate the ranking minor- Rule 9.—The committee or a subcommittee (b) At any hearing to confine a Presi- ity member to preside at hearings of the shall require all witnesses heard before it to dential nomination, the testimony of the committee or subcommittee. file written statements of their proposed tes- nominee and, at the request of any Member, Rule 3.—Meetings of the committee or a timony at least 24 hours before a hearing, any other witness shall be under oath. subcommittee, including meetings to con- unless the chairman and the ranking minor- VIII. NAMING OF DEPARTMENT OF VETERANS duct hearings, shall be open to the public ex- ity member determine that there is good AFFAIRS FACILITIES cept as otherwise specifically provided in cause for failure to so file, and to limit their It is the policy of the Committee that no subsections (b) and (d) of rule 26.5 of the oral presentation to brief summaries of their Department of Veterans Affairs facility shall Standing Rules of the Senate. arguments. Testimony may be filed elec- be named after any individual unless— Rule 4.—(a) Subject to paragraph (b), one- tronically. The presiding officer at any hear- (A) such individual is deceased and was— third of the membership of the committee, ing is authorized to limit the time of each (1) a veteran who (i) was instrumental in actually present, shall constitute a quorum witness appearing before the committee or a the construction or the operation of the fa- for the purpose of transacting business. Any subcommittee. The committee or a sub- cility to be named, or quorum of the committee which is composed committee shall, as far as practicable, uti- (ii) was a recipient of the Medal of Honor of less than a majority of the members of the lize testimony previously taken on bills and or, as determined by the Chairman and committee shall include at least one member measures similar to those before it for con- Ranking Minority Member, otherwise per- of the majority and one member of the mi- sideration. formed military service of an extraordinarily nority. Rule 10.—Should a subcommittee fail to re- distinguished character; (b) A majority of the members of a sub- port back to the full committee on any (2) a member of the United States House of committee, actually present, shall con- measure within a reasonable time, the chair- Representatives or Senate who had a direct stitute a quorum for the purpose of man may withdraw the measure from such association with such facility; transacting business: provided, no measure subcommittee and report that fact to the (3) an Administrator of Veterans’ Affairs, a or matter shall be ordered reported unless full committee for further disposition. Secretary of Veterans Affairs, a Secretary of such majority shall include at least one Rule 11.—No subcommittee may schedule a Defense or of a service branch, or a military member of the minority who is a member of meeting or hearing at a time designated for or other Federal civilian official of com- the subcommittee. If, at any subcommittee a hearing or meeting of the full committee. parable or higher rank; or meeting, a measure or matter cannot be or- No more than one subcommittee executive (4) an individual who, as determined by the dered reported because of the absence of such meeting may be held at the same time. Chairman and Ranking Minority Member, a minority member, the measure or matter Rule 12.—It shall be the duty of the chair- performed outstanding service for veterans; shall lay over for a day. If the presence of a man in accordance with section 133(c) of the (B) each member of the Congressional dele- member of the minority is not then ob- Legislative Reorganization Act of 1946, as gation representing the State in which the tained, a majority of the members of the amended, to report or cause to be reported to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1402 CONGRESSIONAL RECORD — SENATE January 31, 2007 the Senate, any measure or recommendation strictions imposed by the rules of the Sen- the concurrence of the ranking minority approved by the committee and to take or ate. Such information, to the extent that it member. cause to be taken, necessary steps to bring is relevant to the investigation shall, if re- Rule 22.—In addition to the foregoing, the the matter to a vote in the Senate. quested by a member, be summarized in proceedings of the committee shall be gov- Rule 13.—Whenever a meeting of the com- writing as soon as practicable. Upon the re- erned by the Standing Rules of the Senate mittee or subcommittee is closed pursuant quest of any member, the chairman of the and the provisions of the Legislative Reorga- to the provisions of subsection (b) or (d) of committee or subcommittee shall call an ex- nization Act of 1946, as amended. rul 26.5 of the Standing Rules of the Senate, ecutive session to discuss such investigative [Excerpts from the Standing Rules of the no person other than members of the com- activity or the issuance of any subpoena in Senate] mittee, members of the staff of the com- connection therewith. mittee, and designated assistants to mem- (d) Any witness summoned to testify at a RULE XXV bers of the committee shall be permitted to hearing, or any witness giving sworn testi- STANDING COMMITTEES attend such closed session, except by special mony, may be accompanied by counsel of his 1. The following standing committees shall dispensation of the committee or sub- own choosing who shall be permitted, while be appointed at the commencement of each committee or the chairman thereof. the witness is testifying, to advise him of his Congress, and shall continue and have the Rule 14.—The chairman of the committee legal rights. power to act until their successors are ap- or a subcommittee shall be empowered to ad- (e) No confidential testimony taken or pointed, with leave to report by bill or other- journ any meeting of the committee or a confidential material presented in an execu- wise on matters within their respective ju- subcommittee if a quorum is not present tive hearing, or any report of the pro- risdictions: within fifteen minutes of the time schedule ceedings of such an executive hearing, shall for such meeting. be made public, either in whole or in part or * * * * * Rule 15.—Whenever a bill or joint resolu- by way of summary, unless authorized by a (m)(1) Committee on Health, Education, tion repealing or amending any statute or majority of the members of the committee Labor, and Pensions, to which committee part thereof shall be before the committee or or subcommittee. shall be referred all proposed legislation, a subcommittee for final consideration, the Rule 18.—Presidential nominees shall sub- messages, petitions, memorials, and other clerk shall place before each member of the mit a statement of their background and fi- matters relating to the following subjects: committee or subcommittee a print of the nancial interests, including the financial in- 1. Measures relating to education, labor, statute or the part or section thereof to be terests of their spouse and children living in health, and public welfare. amended or replaced showing by stricken- their household, on a form approved by the 2. Aging. through type, the part or parts to be omitted committee which shall be sworn to as to its 3. Agricultural colleges. and in italics, the matter proposed to be completeness and accuracy. The committee 4. Arts and humanities. added, if a member makes a timely request form shall be in two parts— 5. Biomedical research and development. for such print. (I) information relating to employment, 6. Child labor. Rule 16.—An appropriate opportunity shall education and background of the nominee re- 7. Convict labor and the entry of goods be given the minority to examine the pro- lating to the position to which the individual made by convicts into interstate commerce. posed text of committee reports prior to is nominated, and which is to be made pub- 8. Domestic activities of the American Na- their filing or publication. In the event there lic; and, tional Red Cross. are supplemental, minority, or additional (II) information relating to financial and 9. Equal employment opportunity. views, an appropriate opportunity shall be other background of the nominee, to be made 10. Gallaudet College, Howard University, given the majority to examine the proposed public when the committee determines that and Saint Elizabeths Hospital. text prior to filing or publication. Unless the such information bears directly on the nomi- 11. Individuals with disabilities. chairman and ranking minority member nee’s qualifications to hold the position to 12. Labor standards and labor statistics. agree on a shorter period of time, the minor- which the individual is nominated. 13. Mediation and arbitration of labor dis- ity shall have no fewer than three business Information relating to background and fi- putes. days to prepare supplemental, minority or nancial interests (parts I and II) shall not be 14. Occupational safety and health, includ- additional views for inclusion in a com- required of (a) candidates for appointment ing the welfare of miners. mittee report from the time the majority and promotion in the Public Health Service 15. Private pension plans. makes the proposed text of the committee Corps; and (b) nominees for less than full- 16. Public health. report available to the minority. time appointments to councils, commissions 17. Railway labor and retirement. Rule 17.—(a) The committee, or any sub- or boards when the committee determines 18. Regulation of foreign laborers. committee, may issue subpoenas, or hold that some or all of the information is not 19. Student loans. hearings to take sworn testimony or hear relevant to the nature of the position. Infor- 20. Wages and hours of labor. subpoenaed witnesses, only if such investiga- mation relating to other background and fi- (2) Such committee shall also study and re- tive activity has been authorized by major- nancial interests (part II) shall not be review, on a comprehensive basis, matters re- ity vote of the committee. quired of any nominee when the committee lating to health, education and training, and (b) For the purpose of holding a hearing to determines that it is not relevant to the na- take sworn testimony or hear subpoenaed public welfare, and report thereon from time ture of the position. to time. witnesses, three members of the committee Committee action on a nomination, includ- or subcommittee shall constitute a quorum: ing hearings or meetings to consider a mo- RULE XXVI provided, with the concurrence of the chair- tion to recommend confirmation, shall not COMMITTEE PROCEDURE man and ranking minority member of the be initiated until at least five days after the 1. Each standing committee, including any committee or subcommittee, a single mem- nominee submits the form required by this subcommittee of any such committee, is au- ber may hear subpoenaed witnesses or take rule unless the chairman, with the concur- thorized to hold such hearings, to sit and act sworn testimony. rence of the ranking minority member, at such times and places during the sessions, (c) The committee may, by a majority waives this waiting period. recesses, and adjourned periods of the Sen- vote, delegate the authority to issue sub- Rule 19.—Subject to statutory require- ate, to require by subpoena or otherwise the poenas to the chairman of the committee or ments imposed on the committee with re- attendance of such witnesses and the produc- a subcommittee, or to any member des- spect to procedure, the rules of the com- tion of such correspondence, books, papers, ignated by such chairman. Prior to the mittee may be changed, modified, amended and documents, to take such testimony and issuance of each subpoena, the ranking mi- or suspended at any time; provided, not less to make such expenditures out of the contin- nority member of the committee or sub- than a majority of the entire membership so gent fund of the Senate as may be authorized committee, and any other member so re- determine at a regular meeting with due no- by resolutions of the Senate. Each such com- questing, shall be notified regarding the tice, or at a meeting specifically called for mittee may make investigations into any identity of the person to whom it will be that purpose. matter within its jurisdiction, may report issued and the nature of the information Rule 20.—When the ratio of members on the such hearings as may be had by it, and may sought and its relationship to the authorized committee is even, the term ‘‘majority’’ as employ stenographic assistance at a cost not investigative activity, except where the used in the committee’s rules and guidelines exceeding the amount prescribed by the chairman of the committee or sub- shall refer to the party of the chairman for Committee on Rules and Administration. committee, in consultation with the ranking purposes of party identification. Numerical The expenses of the committee shall be paid minority member, determines that such no- requirements for quorums, votes and the like from the contingent fund of the Senate upon tice would unduly impede the investigation. shall be unaffected. vouchers approved by the chairman. All information obtained pursuant to such Rule 21.—First degree amendments must be investigative activity shall be made avail- filed with the chairman at least 24 hours be- * * * * * able as promptly as possible to each member fore an executive session. The chairman 5. (a) Notwithstanding any other provision of the committee requesting same, or to any shall promptly distribute all filed amend- of the rules, when the Senate is in session, assistant to a member of the committee des- ments to the members of the committee. The no committee of the Senate or any sub- ignated by such member in writing, but the chairman may modify the filing require- committee thereof may meet, without spe- use of any such information is subject to re- ments to meet special circumstances with cial leave, after the conclusion of the first

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The prohibition contained in the such meeting or any part thereof is closed resolution, or other legislative matter to be preceding sentence shall not apply to the under this paragraph, unless a majority of considered at such executive session. Committee on Appropriations or the Com- its members vote to forgo such a record. f mittee on the Budget. The majority leader or * * * * * his designee shall announce to the Senate GUIDELINES OF THE SENATE COMMITTEE ON COMMITTEE ON ENVIRONMENT whenever consent has been given under this HEALTH, EDUCATION, LABOR, AND PENSIONS AND PUBLIC WORKS RULES OF subparagraph and shall state the time and WITH RESPECT TO HEARINGS, MARKUP SES- place of such meeting. The right to make PROCEDURES SIONS, AND RELATED MATTERS such announcement of consent shall have the Mrs. BOXER. Mr. President, I ask HEARINGS same priority as the filing of a cloture mo- unanimous consent to have printed in Section 133A(a) of the Legislative Reorga- tion. the RECORD the Rules of the Com- (b) Each meeting of a committee, or any nization Act requires each committee of the subcommittee thereof, including meetings to Senate to publicly announce the date, place, mittee on Environment and Public conduct hearings, shall be open to the public, and subject matter of any hearing at least Works. except that a meeting or series of meetings one week prior to the commencement of such There being no objection, the mate- by a committee or a subcommittee thereof hearing. rial was ordered to be printed in the on the same subject for a period of no more The spirit of this requirement is to assure RECORD, as follows: than fourteen calendar days may be closed to adequate notice to the public and other Members of the Senate as to the time and RULES OF THE COMMITTEE ON ENVIRONMENT the public on a motion made and seconded to AND PUBLIC WORKS, JANUARY 17, 2007 go into closed session to discuss only wheth- subject matter of proposed hearings. In the er the matters enumerated in clauses (1) spirit of section 133A(a) and in order to as- Jurisdiction through (6) would require the meeting to be sure that members of the committee are Rule XXV, Standing Rules of the Senate closed, followed immediately by a record themselves fully informed and involved in 1. The following standing committees shall vote in open session by a majority of the the development of hearings: be appointed at the commencement of each 1. Public notice of the date, place, and sub- members of the committee or subcommittee Congress, and shall continue and have the ject matter of each committee or sub- when it is determined that the matters to be power to act until their successors are ap- committee hearing should be inserted in the discussed or the testimony to be taken at pointed, with leave to report by bill or other- Congressional Record seven days prior to the such meeting or meetings— wise on matters within their respective ju- commencement of such hearing. (1) will disclose matters necessary to be risdictions: kept secret in the interests of national de- 2. At least seven days prior to public notice fense or the confidential conduct of the for- of each committee or subcommittee hearing, * * * * * eign relations of the United States; the majority should provide notice to the (h)(1) Committee on Environment and Pub- (2) will relate solely to matters of com- minority of the time, place and specific sub- lic Works, to which committee shall be re- mittee staff personnel or internal staff man- ject matter of such hearing. ferred all proposed legislation, messages, pe- agement or procedure; 3. At least three days prior to the date of titions, memorials, and other matters relat- (3) will tend to charge an individual with such hearing, the committee or sub- ing to the following subjects: crime or misconduct, to disgrace or injure committee should provide to each member a 1. Air pollution. the professional standing of an individual, or list of witnesses who have been or are pro- 2. Construction and maintenance of high- otherwise to expose an individual to public posed to be invited to appear. ways. contempt or obloquy or will represent a 4. The committee and its subcommittee 3. Environmental aspects of Outer Conti- clearly unwarranted invasion of the privacy should, to the maximum feasible extent, en- nental Shelf lands. of an individual; force the provisions of rule 9 of the com- 4. Environmental effects of toxic sub- (4) will disclose the identity of any in- mittee rules as it relates to the submission stances, other than pesticides. former or law enforcement agent or will dis- of written statements of witnesses twenty- 5. Environmental policy. close any information relating to the inves- four hours in advance of a hearing. Witnesses 6. Environmental research and develop- tigation or prosecution of a criminal offense will be urged to submit testimony even ear- ment. that is required to be kept secret in the in- lier whenever possible. When statements are 7. Fisheries and wildlife. terests of effective law enforcement; received in advance of a hearing, the com- 8. Flood control and improvements of riv- (5) will disclose information relating to the mittee or subcommittee (as appropriate) ers and harbors, including environmental as- trade secrets of financial or commercial in- should distribute copies of such statements pects of deepwater ports. formation pertaining specifically to a given to each of its members. Witness testimony 9. Noise pollution. person if— may be submitted and distributed electroni- 10. Nonmilitary environmental regulation (A) an Act of Congress requires the infor- cally. and control of nuclear energy. mation to be kept confidential by Govern- EXECUTIVE SESSIONS FOR THE PURPOSE OF 11. Ocean dumping. ment officers and employees; or MARKING UP BILLS 12. Public buildings and improved grounds (B) the information has been obtained by In order to expedite the process of marking of the United States generally, including the Government on a confidential basis, up bills and to assist each member of the Federal buildings in the District of Colum- other than through an application by such committee so that there may be full and fair bia. person for a specific Government financial or consideration of each bill which the com- 13. Public works, bridges, and dams. other benefit, and is required to be kept se- mittee or a subcommittee is marking up the 14. Regional economic development. cret in order to prevent undue injury to the following procedures should be followed: 15. Solid waste disposal and recycling. competitive position of such person; or 1. Seven days prior to the proposed data for 16. Water pollution. (6) may divulge matters required to be an executive session for the purpose of mark- 17. Water resources. kept confidential under other provisions of ing up bills the committee or subcommittee (2) Such committee shall also study and re- law or Government regulations. (as appropriate) should provide written no- view, on a comprehensive basis, matters re- (c) Whenever any hearing conducted by tice to each of its members as to the time, lating to environmental protection and re- any such committee or subcommittee is place, and specific subject matter of such source utilization and conservation, and reopen to the public, that hearing may be session, including an agenda listing each bill port thereon from time to time. broadcast by radio or television, or both, or other matters to be considered and includ- RULES OF PROCEDURE under such rules as the committee or sub- ing: committee may adopt. (a) a copy of each bill, joint resolution, or RULE 1. COMMITTEE MEETINGS IN GENERAL (d) Whenever disorder arises during a com- other legislative matter (or committee print (a) REGULAR MEETING DAYS: For purposes mittee meeting that is open to the public, or thereof) to be considered at such executive of complying with paragraph 3 of Senate any demonstration of approval or dis- session; and Rule XXVI, the regular meeting day of the approval is indulged in by any person in at- (b) a copy of a summary of the provisions committee is the first and third Thursday of tendance of any such meeting, it shall be the of each bill, joint resolution, or other legis- each month at 10:00 a.m. If there is no busi- duty of the Chair to enforce order on his own lative matter to be considered at such execu- ness before the committee, the regular meet- initiative and without any point of order tive session including, whenever possible, an ing shall be omitted. being made by a Senator. When the Chair explanation of changes to existing law pro- (b) ADDITIONAL MEETINGS: The chair may finds it necessary to maintain order, he shall posed to be made. call additional meetings, after consulting have the power to clear the room, and the 2. Insofar as practical, prior to the sched- with the ranking minority member. Sub- committee may act in closed session for so uled date for an executive session for the committee chairs may call meetings, with

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(1) A witness who is scheduled to testify at cast in favor of and the votes cast in opposi- (2) Subcommittee chairs shall preside at a hearing of the committee or a sub- tion to the measure or matter by each mem- all meetings of their subcommittees. If the committee shall file 100 copies of the written ber of the committee. subcommittee chair is not present, the rank- testimony at least 48 hours before the hear- RULE 6. SUBCOMMITTEES ing majority member of the subcommittee ing. If a witness fails to comply with this re- (a) REGULARLY ESTABLISHED SUBCOMMIT- shall preside. quirement, the presiding officer may pre- TEES: The committee has six subcommittees: (3) Notwithstanding the rule prescribed by clude the witness’ testimony. This rule may Public Sector Solutions to Global Warming, paragraphs (1) and (2), any member of the be waived for field hearings, except for wit- Oversight, and Children’s Health Protection; committee may preside at a hearing. nesses from the Federal Government. Transportation and Infrastructure; Private (d) OPEN MEETINGS: Meetings of the com- (2) Any witness planning to use at a hear- Sector and Consumer Solutions to Global mittee and subcommittees, including hearing any exhibit such as a chart, graph, dia- Warming and Wildlife Protection; Clean Air ings and business meetings, are open to the gram, photo, map, slide, or model must sub- and Nuclear Safety; Superfund and Environ- public. A portion of a meeting may be closed mit one identical copy of the exhibit (or rep- mental Health; and Transportation Safety, to the public if the committee determines by resentation of the exhibit in the case of a Infrastructure Security, and Water Quality. roll call vote of a majority of the members model) and 100 copies reduced to letter or (b) MEMBERSHIP: The committee chair, present that the matters to be discussed or legal paper size at least 48 hours before the after consulting with the ranking minority the testimony to be taken— hearing. Any exhibit described above that is member, shall select members of the sub- (1) will disclose matters necessary to be not provided to the committee at least 48 committees. kept secret in the interests of national de- hours prior to the hearing cannot be used for RULE 7. STATUTORY RESPONSIBILITIES AND fense or the confidential conduct of the for- purpose of presenting testimony to the com- OTHER MATTERS eign relations of the United States; mittee and will not be included in the hear- (a) ENVIRONMENTAL IMPACT STATEMENTS: (2) relate solely to matters of committee ing record. No project or legislation proposed by any ex- staff personnel or internal staff management (3) The presiding officer at a hearing may ecutive branch agency may be approved or or procedure; or have a witness confine the oral presentation otherwise acted upon unless the committee (3) constitute any other grounds for clo- to a summary of the written testimony. has received a final environmental impact sure under paragraph 5(b) of Senate Rule (4) Notwithstanding a request that a docu- statement relative to it, in accordance with XXVI. ment be embargoed, any document that is to section 102(2)(C) of the National Environ- (e) BROADCASTING: be discussed at a hearing, including, but not mental Policy Act, and the written com- (1) Public meetings of the committee or a limited to, those produced by the General ments of the Administrator of the Environ- subcommittee may be televised, broadcast, Accounting Office, Congressional Budget Of- mental Protection Agency, in accordance or recorded by a member of the Senate press fice, Congressional Research Service, a Fed- with section 309 of the Clean Air Act. This gallery or an employee of the Senate. eral agency, an Inspector General, or a non- rule is not intended to broaden, narrow, or (2) Any member of the Senate Press Gal- governmental entity, shall be provided to all otherwise modify the class of projects or leg- lery or employee of the Senate wishing to members of the committee at least 72 hours islative proposals for which environmental televise, broadcast, or record a committee before the hearing. impact statements are required under sec- meeting must notify the staff director or the RULE 4. BUSINESS MEETINGS: NOTICE AND tion 102(2)(C). staff director’s designee by 5:00 p.m. the day FILING REQUIREMENTS (b) PROJECT APPROVALS: before the meeting. (1) Whenever the committee authorizes a (3) During public meetings, any person (a) NOTICE: The chair of the committee or the subcommittee shall provide notice, the project under Public Law 89–298, the Rivers using a camera, microphone, or other elec- and Harbors Act of 1965; Public Law 83–566, tronic equipment may not position or use agenda of business to be discussed, and the text of agenda items to members of the com- the Watershed Protection and Flood Preven- the equipment in a way that interferes with tion Act; or Public Law 86–249, the Public the seating, vision, or hearing of committee mittee or subcommittee at least 72 hours before a business meeting. If the 72 hours falls Buildings Act of 1959, as amended; the chair- members or staff on the dais, or with the or- man shall submit for printing in the Con- derly process of the meeting. over a weekend, all materials will be provided by close of business on Friday. gressional Record, and the committee shall RULE 2. QUORUMS (b) AMENDMENTS: First-degree amendments publish periodically as a committee print, a (a) BUSINESS MEETINGS: At committee must be filed with the chair of the com- report that describes the project and the rea- business meetings, and for the purpose of ap- mittee or the subcommittee at least 24 hours sons for its approval, together with any dis- proving the issuance of a subpoena or ap- before a business meeting. After the filing senting or individual views. (2) Proponents of a committee resolution proving a committee resolution, six mem- deadline, the chair shall promptly distribute shall submit appropriate evidence in favor of bers, at least two of whom are members of all filed amendments to the members of the the resolution. the minority party, constitute a quorum, ex- committee or subcommittee. cept as provided in subsection (d). (c) BUILDING PROSPECTUSES: (c) MODIFICATIONS: The chair of the com- (1) When the General Services Administra- (b) SUBCOMMITTEE MEETINGS: At sub- mittee or the subcommittee may modify the tion submits a prospectus, pursuant to sec- committee business meetings, a majority of notice and filing requirements to meet spe- tion 7(a) of the Public Buildings Act of 1959, the subcommittee members, at least one of cial circumstances, with the concurrence of as amended, for construction (including con- whom is a member of the minority party, the ranking member of the committee or struction of buildings for lease by the gov- constitutes a quorum for conducting busi- subcommittee. ernment), alteration and repair, or acquisi- ness. RULE 5. BUSINESS MEETINGS: VOTING tion, the committee shall act with respect to (c) CONTINUING QUORUM: Once a quorum as the prospectus during the same session in prescribed in subsections (a) and (b) has been (a) PROXY VOTING: (1) Proxy voting is allowed on all meas- which the prospectus is submitted. established, the committee or subcommittee ures, amendments, resolutions, or other mat- A prospectus rejected by majority vote of may continue to conduct business. ters before the committee or a sub- the committee or not reported to the Senate (d) REPORTING: No measure or matter may during the session in which it was submitted be reported to the Senate by the committee committee. (2) A member who is unable to attend a shall be returned to the General Services Ad- unless a majority of committee members business meeting may submit a proxy vote ministration and must then be resubmitted cast votes in person. on any matter, in writing, orally, or through in order to be considered by the committee (e) HEARINGS: One member constitutes a during the next session of the Congress. quorum for conducting a hearing. personal instructions. (3) A proxy given in writing is valid until (2) A report of a building project survey RULE 3. HEARINGS revoked. A proxy given orally or by personal submitted by the General Services Adminis- (a) ANNOUNCEMENTS: Before the committee instructions is valid only on the day given. tration to the committee under section 11(b) or a subcommittee holds a hearing, the chair (b) SUBSEQUENT VOTING: Members who were of the Public Buildings Act of 1959, as of the committee or subcommittee shall not present at a business meeting and were amended, may not be considered by the com- make a public announcement and provide unable to cast their votes by proxy may mittee as being a prospectus subject to ap- notice to members of the date, place, time, record their votes later, so long as they do so proval by committee resolution in accord- and subject matter of the hearing. The an- that same business day and their vote does ance with section 7(a) of that Act. A project nouncement and notice shall be issued at not change the outcome. described in the report may be considered for least one week in advance of the hearing, un- (c) PUBLIC ANNOUNCEMENT: committee action only if it is submitted as a less the chair of the committee or sub- (1) Whenever the committee conducts a prospectus in accordance with section 7(a) committee, with the concurrence of the rollcall vote, the chair shall announce the and is subject to the provisions of paragraph ranking minority member of the committee results of the vote, including a tabulation of (1) of this rule.

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(d) NAMING PUBLIC FACILITIES: The com- II. QUORUMS AND VOTING (2) A member of the committee, who gives mittee may not name a building, structure (1) Except as provided in paragraphs (2) and notice of an intention to file supplemental, or facility for any living person, except (3) of this section, a quorum for the trans- minority, or additional views at the time of former Presidents or former Vice Presidents action of committee business shall consist of final committee approval of a measure or of the United States, former Members of not less than one-third of the membership of matter, shall be entitled to not less than 3 Congress over 70 years of age, former Jus- the entire committee: Provided, that proxies calendar days in which to file such views, in tices of the United States Supreme Court shall not be counted in making a quorum. writing, with the chief clerk of the com- over 70 years of age, or Federal judges who (2) A majority of the committee shall con- mittee. Such views shall then be included in are fully retired and over 75 years of age or stitute a quorum for reporting budget resolu- the committee report and printed in the have taken senior status and are over 75 tions, legislative measures or recommenda- same volume, as a part thereof, and their in- years of age. tions: Provided, that proxies shall not be clusions shall be noted on the cover of the RULE 8. AMENDING THE RULES counted in making a quorum. report. In the absence of timely notice, the The rules may be added to, modified, (3) For the purpose of taking sworn or committee report may be filed and printed amended, or suspended by vote of a majority unsworn testimony, a quorum of the com- immediately without such views. of committee members at a business meeting mittee shall consist of one Senator. VI. USE OF DISPLAY MATERIALS IN COMMITTEE (4)(a) The committee may poll— if a quorum is present. (i) internal committee matters including Graphic displays used during any meetings f those concerning the committee’s staff, or hearings of the committee are limited to records, and budget; the following: COMMITTEE OF THE BUDGET (ii) steps in an investigation, including Charts, photographs, or renderings: RULES OF PROCEDURES issuance of subpoenas, applications for im- Size: no larger than 36 inches by 48 inches. Mr. CONRAD. Mr. President, I ask munity orders, and requests for documents Where: on an easel stand next to the member’s seat or at the rear of the committee unanimous consent to have printed in from agencies; and (iii) other committee business that the room. the RECORD the Rules of the Com- committee has designated for polling at a When: only at the time the member is mittee on the Budget. meeting, except that the committee may not speaking. There being no objection, the mate- vote by poll on reporting to the Senate any Number: no more than two may be dis- rial was ordered to be printed in the measure, matter, or recommendation, and played at a time. RECORD, as follows: may not vote by poll on closing a meeting or VII. CONFIRMATION STANDARDS AND RULES OF THE COMMITTEE ON THE BUDGET, hearing to the public. PROCEDURES ONE-HUNDRED-TENTH CONGRESS (b) To conduct a poll, the chair shall cir- (1) Standards. In considering a nomination, I. MEETINGS culate polling sheets to each member speci- the committee shall inquire into the nomi- fying the matter being polled and the time (1) The committee shall hold its regular nee’s experience, qualifications, suitability, limit for completion of the poll. If any mem- meeting on the first Thursday of each and integrity to serve in the position to ber requests, the matter shall be held for a month. Additional meetings may be called which he or she has been nominated. The meeting rather than being polled. The chief by the chair as the chair deems necessary to committee shall recommend confirmation if clerk shall keep a record of polls; if the com- expedite committee business. it finds that the nominee has the necessary (2) Each meeting of the committee, includ- mittee determines by record vote in open integrity and is affirmatively qualified by ing meetings to conduct hearings, shall be session of a majority of the members of the reason of training, education, or experience open to the public, except that a portion or committee present that the polled matter is to carry out the functions of the office to portions of any such meeting may be closed one of those enumerated in rule I(2)(a)–(e), which he or she was nominated. to the public if the committee determines by then the record of the poll shall be confiden- (2) Information Concerning the Nominee. record vote in open session of a majority of tial. Any member may move at the com- Each nominee shall submit the following in- the members of the committee present that mittee meeting following a poll for a vote on formation to the committee: the matters to be discussed or the testimony the polled decision. (a) A detailed biographical resume which to be taken at such portion or portions— III. PROXIES contains information concerning education, (a) will disclose matters necessary to be When a record vote is taken in the com- employment, and background which gen- kept secret in the interests of national de- mittee on any bill, resolution, amendment, erally relates to the position to which the in- fense or the confidential conduct of the for- or any other question, a quorum being dividual is nominated, and which is to be eign relations of the United States; present, a member who is unable to attend made public; (b) will relate solely to matters of the com- the meeting may vote by proxy if the absent (b) Information concerning financial and mittee staff personnel or internal staff man- member has been informed of the matter on other background of the nominee which is to agement or procedure; which the vote is being recorded and has af- be made public; provided, that financial in- (c) will tend to charge an individual with firmatively requested to be so recorded; ex- formation that does not relate to the nomi- crime or misconduct, to disgrace or injure cept that no member may vote by proxy dur- nee’s qualifications to hold the position to the professional standing of an individual, or ing the deliberations on Budget Resolutions. which the individual is nominated, tax returns or reports prepared by federal agencies otherwise to expose an individual to public IV. HEARINGS AND HEARING PROCEDURES contempt or obloquy, or will represent a that may be submitted by the nominee shall, (1) The committee shall make public an- clearly unwarranted invasion of the privacy after review by the chair, ranking member, nouncement of the date, place, time, and of an individual; or any other member of the committee upon subject matter of any hearing to be con- (d) will disclose the identity of any in- request, be maintained in a manner to en- ducted on any measure or matter at least 1 former or law enforcement agent or will dis- sure confidentiality; and, week in advance of such hearing, unless the close any information relating to the inves- (c) Copies of other relevant documents and chair and ranking member determine that tigation or prosecution of a criminal offense responses to questions as the committee may there is good cause to begin such hearing at that is required to be kept secret in the in- so request, such as responses to questions an earlier date. concerning the policies and programs the terests of effective law enforcement; or (2) In the event that the membership of the (e) will disclose information relating to the nominee intends to pursue upon taking of- Senate is equally divided between the two trade secrets or financial or commercial in- fice. parties, the ranking member is authorized to formation pertaining specifically to a given (3) Report on the Nominee. After a review call witnesses to testify at any hearing in an person if— of all information pertinent to the nomina- (i) an act of Congress requires the informa- amount equal to the number called by the tion, a confidential report on the nominee tion to be kept confidential by Government chair. The previous sentence shall not apply may be prepared by the committee staff for officers and employees; or in the case of a hearing at which the com- the chair, the ranking member and, upon re- (ii) the information has been obtained by mittee intends to call an official of the Fed- quest, for any other member of the com- the Government on a confidential basis, eral government as the sole witness. mittee. The report shall summarize the steps (3) A witness appearing before the com- other than through an application by such taken and the results of the committee in- mittee shall file a written statement of pro- person for a specific Government financial or quiry, including any unresolved matters that posed testimony at least 1 day prior to ap- other benefit, and is required to be kept se- have been raised during the course of the in- pearance, unless the requirement is waived cret in order to prevent undue injury to the quiry. by the chair and the ranking member, fol- competitive position of such person. (4) Hearings. The committee shall conduct (f) may divulge matters required to be kept lowing their determination that there is a hearing during which the nominee shall be confidential under other provisions of law or good cause for the failure of compliance. called to testify under oath on all matters Government regulations. V. COMMITTEE REPORTS relating to his or her suitability for office, (3) Notice of, and the agenda for, any busi- (1) When the committee has ordered a including the policies and programs which he ness meeting or markup shall be provided to measure or recommendation reported, fol- or she would pursue while in that position. each member and made available to the pub- lowing final action, the report thereon shall No hearing or meeting to consider the con- lic at least 48 hours prior to such meeting or be filed in the Senate at the earliest prac- firmation shall be held until at least 72 hours markup. ticable time. after the following events have occurred: the

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Mr. President, today with deep gratitude and regret that I ∑ Mr. MARTINEZ. Mr. President, I wish share with the Senate a tribute announce the retirement of my Acad- to Mr. Davis Moriuchi, a leader in the emies Coordinator, Teresa Poole, from today I wish to discuss the power of volunteerism and how one person can— Pacific Northwest who is retiring after the public sector. 30 years of service with the Army Corps Teresa Poole, a distinguished U.S. in the truest sense—make a lasting dif- of Engineers. During his tenure with Senate staffer, is set to retire from the ference in the world. the Corps, Davis has left an indelible political arena on January 31, 2007. The volunteer spirit helps to keep so- mark on the environment, economy, This year has been a milestone, mark- ciety civil; volunteers give of them- and people of Washington State. His ing her thirtieth year of hard work and selves in a selfless manner. That spirit expertise and dedication will be sorely dedication to the Federal Government, is exemplified by the acts of one of my missed. the citizens of southwest Missouri, and own constituents, Mr. Garrett Walton. My work with Davis over the years most importantly the U.S. Senate of- Garrett Walton and volunteerism has served as a reminder of the dif- fices of Danforth, Ashcroft, and BOND. seem to be synonymous with one an- ference dedicated individuals make in We have come together to honor and other. large and complex organizations like congratulate Teresa on her devotion, When Hurricane Ivan ravaged north- the Corps of Engineers. As we all know, team spirit, and the proficient skills west Florida in September of 2004, Wal- she has provided the Springfield office ton, a former attorney-turned-devel- the Corps tackles huge projects that over the past 30 years. Teresa is to be oper put his career on hold, and took have a widespread impact on our Na- envied and admired by all in govern- on a full-time volunteer role to help an tion. Davis’s work has reaffirmed for ment for her service to the public, entire region of our State recover. me the importance of committed indi- which she has done with a helpful While the eye of the storm came viduals on the success of those heart. ashore at Gulf Shores, AL, its most se- projects. Our State has been lucky to In January 1977, Teresa Poole was vere winds hit the Florida counties of have been able to rely on his personal member of the first U.S. Senate con- Santa Rosa and Escambia. Those most touch and expertise for so many years. stituent service office in southwest damaging of winds, exceeding 140 miles In Davis, my staff and I have also Missouri for Senator Danforth. Little per hour, were a part of a colossal hur- found an invaluable resource whose de- would Teresa know this would begin a ricane that triggered more than 100 votion to the region is as great as ours. remarkable 30-year trek with the U.S. tornadoes, and also brought a 13-foot Time and again, Davis has taken the Senate. With her incredible knowledge storm surge. time to explain even the most detailed of the inner workings of government Roughly 75,000 homes were damaged; aspects of Corps initiatives. His pa- and her history with the U.S. Senate, 50,000 people were displaced; and of all tience, clarity, and honesty have al- Teresa has been a great source of infor- of the damaged homes, 37,000 of them lowed me to be a stronger advocate for mation. She took pride in being able to belonged to families whose household programs that will have long-term con- guide effectively constituents, organi- incomes totaled less than $30,000 a sequences for the Pacific Northwest. zations, and coworkers through the year. While the extent of Davis’s impact complex infrastructure of government. Garrett helped to lead a group of cannot be measured by projects alone, Among the numerous achievements civic-minded citizens that met in each I would be remiss if I did not mention that Teresa has attained over the others’ homes to discuss how they a few of the projects that he has taken years, her most remarkable was her en- could rebuild the community. on. We in Washington State will par- thusiastic commitment to the Military What grew out of that was a volun- ticularly miss Davis’s leadership on Academies. She has worked tirelessly teer organization known as REBUILD water resource projects. From the new to help students from across Missouri Northwest Florida. It was a grassroots Navigation Lock at the Bonneville to achieve their dreams of becoming of- effort that grew into something ex- Dam to the ongoing Columbia River ficers in the U.S. military by guiding traordinary. More than 4,000 volunteers Channel Improvement Project, Davis’s them through the process required to have contributed close to a quarter of a work on the health of our State’s crit- gain a congressional nomination. Te- million hours of volunteer service. Gar- ical waterways will have lasting ef- resa has sifted through thousands of rett has himself contributed close to fects. letters, applications, and grades, and 5,000 hours of service. Davis has also championed interim made endless calls to hopeful appli- As of the first week of this year, RE- repairs of the Columbia River jetties. cants. All of this would be finally com- BUILD had completed more than 1,350 It was a very exciting day last August, pleted in December, only to start over projects. And as recently as this when Colonel O’Donavon, Davis, a host the next year with new names, faces, month, January of 2007, Mr. Walton has of other stakeholders and I stood at the and challenges. continued his relentless quest to re- mouth of the Columbia River and saw Teresa Poole has shown unwavering build communities in northwest Flor- interim jetty repairs. Davis was instru- loyalty and dedication to her job over ida. mental in making that day possible. the past 30 years. From the day to day With the help of a few other volun- Davis is ending his career as the dep- routine of compiling local clips to an- teers, including Carolyn Appleyard, uty district commander for project swering the phone, Teresa has ap- Miles Anderson, and Mark Ramos, this management and the chief of Planning, proached every task with hard work small contingent has taken it upon Programs and Project Management Di- and a positive attitude. She has de- themselves to help many of their fellow vision for the U.S Army Corps of Engi- lighted everyone she meets with her Floridians pick up their lives after this neers, Portland District. It is a title love of antiques and finding good deals awful natural disaster. Ivan caused that, while long in syllables, does not at various auctions and sales, her love widespread devastation; and as one of begin to grasp at the immensity of his of travel with her mother and daugh- Florida’s most deadly and costly service. But then again, Davis has ter, her passion for her family and her- storms, we knew the recovery effort never worked for titles or credit. His itage, and her impeccable spirit. We would be long and arduous. I commend main concern has always been that the commend her for a stunning and distin- Garrett Walton for rising to the chal- work of the Corps is well-executed and guished career with the U.S. Senate lenge. timely. and wish Teresa the best in all her fu- He put others ahead of himself—and Davis’s devotion to the region will be ture endeavors. not just for a day, a week, or a month, truly missed. I would like to wish him

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1407 the best of luck in an enjoyable retire- was the driving force behind the imple- The Shrine continues to be faithful ment and thank him for his distin- mentation of new training programs in maintaining and perpetuating the guished service.∑ that led to the reduction of visitor and Greek Orthodox faith and Hellenic Her- f employee injuries which earned the itage through its programs and activi- Park the Regional Director’s Safety ties to all who pass through its historic RETIREMENT OF JOE ALSTON Excellence Award and the Director’s doors. ∑ Mr. MCCAIN. Mr. President, today I Safety Excellence Award for Public Mr. President, February 4, 2007, will wish to honor the service of the Grand Safety Achievement in 2005. Among the mark the 25th anniversary of the Saint Canyon National Park Superintendent, many accolades Joe has received over Photios Greek Orthodox National Joe Alston, who is retiring this week. the years, perhaps the most note- Shrine, and I ask my colleagues to join Joe is a man of considerable integrity, worthy came in 2005 when Secretary me in honoring the purposeful commit- ability, and achievement, and his pres- Gale Norton awarded him the Meri- ment and achievements of this reli- ence at the Grand Canyon will be deep- torious Service Award, the second gious and historical institution.∑ ly missed. highest honorary recognition granted f After 31 dedicated years, Joe Alston to Interior Department employees. HONORING HANLEY DENNING is retiring from the National Park Joe Alston’s ties to the Grand Can- Service. He has spent the last 6 years yon extend beyond his outstanding pro- ∑ Ms. SNOWE. Mr. President, today I serving as the superintendent of the fessional career. Indeed, the Grand mourn the loss of Hanley Denning, a Grand Canyon National Park, the Canyon also happens to be where he truly remarkable native of Maine who crown jewel of Arizona and one of the met his wife, Judy, who is a teacher in word and deed represented the very Nation’s oldest and most heavily vis- with the Grand Canyon Public Schools best of our State and Nation. ited National Parks. Joe has held a System. Joe is regarded by those living Hanley was the visionary founder and wide variety of positions in the Park in northern Arizona as an individual executive director of Safe Passage, a Service beginning with his first job as deeply connected to the community. Central American-based nonprofit a seasonal firefighter on the North Rim Just last month, he accepted the Com- agency which provides children who of the Grand Canyon. In the years that munity Person of the Year award from live in the Guatemala City garbage followed, Joe worked as a concessions the Grand Canyon Rotary Club for ush- dump opportunity and hope through specialist at Yellowstone National ering in a new era of partnership be- myriad forms, including education, nu- Park and later became the chief of the tween the communities of Tusayan, trition, and health care. Hanley found- Concessions Management Division in AZ, and Grand Canyon National Park. ed Safe Passage in 1999 after having the Alaska Regional Office. More re- My son and I had the distinct pleas- seen children existing amid the squalor cently, Joe Alston was the assistant ure of hiking the Grand Canyon rim to and destitution of refuse and trash. But superintendent of Yellowstone Na- rim last year with the accompaniment where many would have seen a dead- tional Park and eventually served as of Joe Alston. I can think of few others end marked by desolation, Hanley saw superintendent at several major Na- alive today who are as knowledgeable a need which soon after evolved into a tional Park units such as the Glacier and devoted to the history and culture calling that required conscience and Bay National Park and Preserve, the of the Grand Canyon than Super- action. She imagined a pathway out— Curecanti National Recreation Area, intendent Alston. I wish Joe the very and possessed the will, determination, the Glen Canyon National Recreation best in his future goals and ambitions.∑ and resolve to forge a plan to begin Area, and the Rainbow Bridge National f making that route a reality. Hanley Monument. took a dilapidated church near the We are very fortunate to have bene- SAINT PHOTIOS NATIONAL SHRINE waste dump and developed a drop-in fited from the passion and expertise ∑ Mr. MARTINEZ. Mr. President, center where children could receive that Superintendent Alston brought to today I honor the 25th anniversary of food and a safe haven. the Grand Canyon. Joe was challenged the Saint Photios National Shrine, the Hanley found that access to edu- with many complex issues and long- only Greek Orthodox National Shrine cation of any kind was not a possibility standing conflicts ranging from park in the country, located in Saint Augus- for children who couldn’t begin to af- transportation to aircraft overflights, tine, FL. ford the enrollment fees, school sup- yet he has managed them all with fore- As early as 1768 and under the leader- plies, and books required by the Guate- sight, thoughtfulness, and resolve. ship of Dr. Andrew Turnbull, Greek im- malan public schools—not to mention Under Joe’s leadership, the Park Serv- migrants traveled to America to seek a requisite school uniforms and shoes. ice saw the completion of the Colorado better life in Florida. Many of these But thanks to Safe Passage, children River Management Plan, which pro- early Greek Americans migrated to have been able to attend a local public tects park resources by implementing a Saint Augustine, where, over time, a school for at least a half-day term. And new river permitting system that bal- strong Greek community has formed. that experience is complemented by ances competing commercial and rec- Greek immigrants found refuge there the additional educational reinforce- reational interests. Despite its highly as many gathered for solace, fellow- ment, care, and supervision received at contentious nature, it was Super- ship, and worship at the historic the center. Whether it is homework, intendent Alston’s desire to hear and Averos House built in 1749 on Saint hands-on learning activities, nutrition, understand the views of river runners George Street. The Averos House was medical attention, or a range of other and other constituents by affording the purchased by the Greek Orthodox programs, these at-risk youth are republic every opportunity to provide Archdiocese in 1965, and in 1982, was cipients of the care they deserve. input during the CRMP planning proc- opened as a National Greek Orthodox Today, remarkably, Safe Passage ess. Few superintendents in National Shrine named after Saint Photios the serves as many as 600 children ages 2 to Park Service history have undertaken Great, Patriarch of Constantinople. 19 years old. such an open nationwide approach that The Saint Photios Greek Orthodox Irish playwright George Bernard concluded with such remarkable suc- National Shrine gives honor to the Shaw once famously wrote that ‘‘You cess. memory of the first colony of Greeks in see things; and you say, ‘Why?’ But I The Grand Canyon has received many the Americas and the succeeding gen- dream things that never were; and I honors during Superintendent Alston’s erations of Greek immigrants; it now say, ‘Why not?’’’ When Hanley saw de- tenure. In 2004, Grand Canyon National serves as a connection and pilgrimage spair, poverty, and indescribable hope- Park was recognized for a number of point for Greek Americans and the lessness, she must have at first said, environmental accomplishments by Greek Orthodox Church in America. It ‘‘Why?’’ But she responded to an unfor- EPA Administrator Mike Leavitt, in- also serves to preserve, enhance, and givable, intolerable situation—not with cluding having the first EPA certified promote the ethnic and cultural tradi- indifference, resignation, or anger—but Leadership in Energy and Environ- tions of Greek heritage and the teach- by saying, ‘‘Why not?’’ Why not carve mental Design ‘‘green building’’ owned ings of the Greek Orthodox Church in out a way forward for these children and operated in a National Park. Joe America. that leads from an abject condition to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1408 CONGRESSIONAL RECORD — SENATE January 31, 2007 one where the objective is a better way 152 North 5th Street in Laramie, Wyoming, Members of the House of Representa- of life. as the ‘‘Gale W. McGee Post Office’’. tives as Congressional Advisers on Hanley’s response to the deplorable H.R. 521. An act to designate the facility of Trade Policy and Negotiations: Mr. the United States Postal Service located at situation she found at the Guatemalan RANGEL of New York, Mr. LEVIN of 2633 11th Street in Rock Island, Illinois, as dump is emblematic of her overall ap- the ‘‘Lane Evans Post Office Building’’. Michigan, Mr. TANNER of Tennessee, proach to so much of her life—one Mr. MCCRERY of Louisiana, and Mr. The message also announced that the filled with a selfless care for others and HERGER of California. House has agreed to the following con- a willful devotion to being an agent of The message also announced that current resolution, in which it requests good will and positive change. Al- pursuant to section 8002 of the Internal the concurrence of the Senate: though she hadn’t created Safe Passage Revenue Code of 1986, the Committee until 1999, Hanley had been offering a H. Con. Res. 20. Concurrent resolution call- on Ways and Means appoints the fol- kind of safe passage for so many during ing on the Government of the United King- lowing Members to serve on the Joint dom to immediately establish a full, inde- years prior to her arrival in Guate- pendent, and public judicial inquiry into the Committee on Taxation: Mr. RANGEL of mala. Along with earning a master’s murder of Northern Ireland defense attorney New York, Mr. STARK of California, Mr. degree along the way, Hanley was also Patrick Finucane, as recommended by Judge LEVIN of Michigan, Mr. MCCRERY of working at a mental health center, as- Peter Cory as part of the Weston Park Louisiana: and Mr. HERGER of Cali- sisting children affected by AIDS, and Agreement, in order to move forward on the fornia. Northern Ireland peace process. teaching in a Head Start program. f With this shining example of service, The message further announced that it is little wonder Bowdoin College, her pursuant to 22 U.S.C. 1928a, and the MEASURES REFERRED alma mater, recognized Hanley’s ex- order of the House of January 4, 2007, The following bills were read the first traordinary contributions by honoring the Speaker appoints the following and the second times by unanimous her with its 2002 Common Good Award. Members of the House of Representa- consent, and referred as indicated: What was so exceptional about Hanley tives to the United States Group of the H.R. 49. An act to designate the facility of was her longstanding dedication and NATO Parliamentary Assembly, in ad- the United States Postal Service located at unfailing determination to address and dition to Mr. TANNER of Tennessee, 1300 North Frontage Road West in Vail, Colo- improve the human condition. She Chairman, appointed on January 11, rado, as the ‘‘Gerald R. Ford, Jr. Post Office truly exemplified words spoken in 1902 Building’’; to the Committee on Homeland 2007: Mrs. TAUSCHER of California, Vice Security and Governmental Affairs. by Joseph McKeen, first president of Chairman, Mr. ROSS of Arkansas, Mr. H.R. 335. An act to designate the facility of Bowdoin: CHANDLER of Kentucky, Mr. LARSON of the United States Postal Service located at . . . institutions are founded and endowed Connecticut, Mr. MEEK of Florida, Mr. 152 North 5th Street in Laramie, Wyoming, for the common good and not for the private SCOTT of Georgia and Ms. BEAN of Illi- as the ‘‘Gale W. McGee Post Office’’; to the advantage of those who resort to them for nois. Committee on Homeland Security and Gov- education. It is not that they may be able to The message also announced that ernmental Affairs. pass through life in an easy and reputable pursuant to 22 U.S.C. 1928a, clause 10 of H.R. 521. An act to designate the facility of manner, but that their mental powers may the United States Postal Service located at be cultivated and improved for the benefit of rule I, and the order of the House of 2633 11th Street in Rock Island, Illinois, as society. January 4, 2007, the Speaker appoints the ‘‘Lane Evans Post Office Building’’; to the following Members of the House of Hanley’s greatest legacy and endur- the Committee on Homeland Security and Representatives to the United States ing cause will be memorialized in her Governmental Affairs. Group of the NATO Parliamentary As- name and with her spirit—in a thriving f sembly: Mr. GILLMOR of Ohio, Mr. REG- center given to helping those who truly MEASURES READ THE FIRST TIME ULA of Ohio, Mr. BOOZMAN of Arkansas, cannot help themselves; a center and Mr. SHIMKUS of Illinois. The following bill was read the first where, according to a Portland Press time: Herald account, just last year six Safe At 4:01 p.m., a message from the S. 470. A bill to express the sense of Con- Passage students were selected to en- House of Representatives, delivered by gress on Iraq. roll in Guatemala City’s foremost pri- Ms. Niland, one of its reading clerks, The following joint resolution was vate high schools, where the annual announced that the House has passed budget has grown from funds in the read the first time: the following joint resolution, in which H.J. Res. 20. Joint resolution making fur- hundreds to $1.6 million and an em- it requests the concurrence of the Sen- ployee base of 100, and where more ther continuing appropriations for the fiscal ate: year 2007, and for other purposes. than 500 people from Greater Portland H.J. Res. 20. A resolution making further f are counted among an emerging force continuing appropriations for the fiscal year for good of Safe Passage volunteers. 2007, and for other purposes. EXECUTIVE AND OTHER Our thoughts and prayers go out to COMMUNICATIONS Hanley’s parents, Michael and Marina At 4:31 p.m., a message from the The following communications were Denning, and her three brothers, Jor- House of Representatives, delivered by laid before the Senate, together with dan, Seth, and Lucas. Ms. Niland, one of its reading clerks, accompanying papers, reports, and doc- Thank you, Mr. President, for afford- announced that the House has agreed uments, and were referred as indicated: ing me the opportunity to speak about to the following concurrent resolu- EC–562. A communication from the Prin- this truly exceptional Mainer and tions, in which it requests the concur- cipal Deputy Associate Administrator, Office American whose memory will be a last- rence of the Senate: of Policy, Economics and Innovation, Envi- ing inspiration to us all.∑ H. Con. Res. 5. Concurrent resolution ex- ronmental Protection Agency, transmitting, f pressing support for the designation and pursuant to law, the report of a rule entitled goals of ‘‘Hire a Veteran Week’’ and encour- ‘‘Thiabendazole; Pesticide Tolerances for MESSAGES FROM THE HOUSE aging the President to issue a proclamation Emergency Exemptions’’ (FRL No. 8111–1) re- At 11:52 a.m., a message from the supporting those goals. ceived on January 26, 2007; to the Committee House of Representatives, delivered by H. Con. Res. 34. Concurrent resolution hon- on Agriculture, Nutrition, and Forestry. Ms. Niland, one of its reading clerks, oring the life of Perry Lavon Julian, a pio- EC–563. A communication from the Acting Associate Director, Office of Foreign Assets announced that the House has passed neer in the field of organic chemistry research and development and the first and Control, Department of the Treasury, trans- the following bills, in which it requests only African American chemist to be in- mitting, pursuant to law, the report of a rule the concurrence of the Senate: ducted into the National Academy of entitled ‘‘Foreign Assets Control Regula- H.R. 49. An act to designate the facility of Sciences. tions’’ (31 CFR Part 500) received on January the United States Postal Service located at The message further announced that 29, 2007; to the Committee on Banking, Hous- 1300 North Frontage Road West in Vail, Colo- ing, and Urban Affairs. rado, as the ‘‘Gerald R. Ford, Jr. Post Office pursuant to section 161(a) of the Trade EC–564. A communication from the Attor- Building’’. Act of 1974 (19 U.S.C. 2211), and the ney Advisor, U.S. Coast Guard, Department H.R. 335. An act to designate the facility of order of the House of January 4, 2007, of Homeland Security, transmitting, pursu- the United States Postal Service located at the Speaker appoints the following ant to law, the report of a rule entitled

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1409 ‘‘Drawbridge Operation Regulations; Amend- Commission, transmitting, pursuant to law, Michael J. Astrue, of Massachusetts, to be ment’’ ((RIN1625–AA36)(USCG 2001–10881)) re- a report relative to the Commission’s com- Commissioner of Social Security for a term ceived on January 29, 2007; to the Committee petitive sourcing efforts during fiscal year expiring January 19, 2013. on Commerce, Science, and Transportation. 2006; to the Committee on Health, Education, *Irving A. Williamson, of New York, to be EC–565. A communication from the Sec- Labor, and Pensions. a Member of the United States International retary of Transportation, transmitting, pur- EC–575. A communication from the Acting Trade Commission for the term expiring suant to law, a report entitled ‘‘Funda- Administrator, Office of Information and June 16, 2014. mental Properties of Asphalts and Modified Regulatory Affairs, Executive Office of the *Dean A. Pinkert, of Virginia, to be a Asphalts—II’’; to the Committee on Com- President, transmitting, pursuant to law, a Member of the United States International merce, Science, and Transportation. report relative to Federal participation in Trade Commission for the term expiring De- EC–566. A communication from the Prin- the development and use of voluntary con- cember 16, 2015. cipal Deputy Associate Administrator, Office sensus standards during fiscal year 2005; to *Nomination was reported with rec- of Policy, Economics and Innovation, Envi- the Committee on Homeland Security and ommendation that it be confirmed sub- ronmental Protection Agency, transmitting Governmental Affairs. ject to the nominee’s commitment to two documents issued by the Agency relative EC–576. A communication from the Direc- respond to requests to appear and tes- to its regulatory programs; to the Com- tor of Legislative Affairs, Office of the Direc- tify before any duly constituted committee on Environment and Public Works. tor of National Intelligence, transmitting, EC–567. A communication from the Prin- mittee of the Senate. pursuant to law, the report of a nomination (Nominations without an asterisk cipal Deputy Associate Administrator, Office for the position of Director of National Intel- of Policy, Economics and Innovation, Envi- ligence, received on January 26, 2007; to the were reported with the recommenda- ronmental Protection Agency, transmitting, Select Committee on Intelligence. tion that they be confirmed.) pursuant to law, the report of a rule entitled f f ‘‘Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emission REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Standards for Consumer Products in the The following reports of committees Northern Virginia Volatile Organic Com- were submitted: The following bills and joint resolu- pound Emissions Control Area’’ (FRL No. tions were introduced, read the first 8273–9) received on January 26, 2007; to the By Mr. CONRAD, from the Committee on and second times by unanimous con- the Budget, without amendment: Committee on Environment and Public sent, and referred as indicated: Works. S. Res. 52. An original resolution author- EC–568. A communication from the Prin- izing expenditures by the Committee on the By Mr. REID (for himself, Mrs. LIN- cipal Deputy Associate Administrator, Office Budget. COLN, Mr. BIDEN, Ms. MIKULSKI, Mrs. of Policy, Economics and Innovation, Envi- By Mr. KENNEDY, from the Committee on BOXER, Mr. DURBIN, Mr. SALAZAR, and ronmental Protection Agency, transmitting, Health, Education, Labor, and Pensions, Mr. BROWN): pursuant to law, the report of a rule entitled without amendment: S. 439. A bill to amend title 10, United ‘‘Approval and Promulgation of Air Quality S. Res. 54. An original resolution author- States Code, to permit certain retired mem- Implementation Plans; Michigan; Control of izing expenditures by the Committee on bers of the uniformed services who have a Gasoline Volatility’’ (FRL No. 8274–4) re- Health, Education, Labor, and Pensions. service-connected disability to receive both ceived on January 26, 2007; to the Committee By Mr. AKAKA, from the Committee on disability compensation from the Depart- on Environment and Public Works. Veterans’ Affairs, without amendment: ment of Veterans Affairs for their disability EC–569. A communication from the Fiscal S. Res. 55. An original resolution author- and either retired pay by reason of their Assistant Secretary, Department of the izing expenditures by the Committee on Vet- years of military service or Combat-Related Treasury, transmitting, pursuant to law, a erans’ Affairs. Special Compensation; to the Committee on report relative to the Secretary of the Treas- By Mr. DODD, from the Committee on Armed Services. ury’s actions directed at correcting the ef- Banking, Housing, and Urban Affairs, with- By Mr. ENZI (for himself and Mr. fects of a clerical error by the Social Secu- out amendment: THOMAS): S. 440. A bill to designate the National Mu- rity Administration; to the Committee on S. Res. 56. An original resolution author- seum of Wildlife Art, located at 2820 Rungius Finance. izing expenditures by the Committee on EC–570. A communication from the Chief of Banking, Housing, and Urban Affairs. Road, Jackson, Wyoming, as the ‘‘National the Trade and Commercial Regulations By Mr. HARKIN, from the Committee on Museum of Wildlife Art of the United States’’; to the Committee on Energy and Branch, Customs and Border Protection, De- Agriculture, Nutrition, and Forestry, with- Natural Resources. partment of Homeland Security, transmit- out amendment: By Mr. DURBIN (for himself and Mr. ting, pursuant to law, the report of a rule en- S. Res. 57. An original resolution author- OBAMA): titled ‘‘Conditional Release Period and CBP izing expenditures by the Committee on Ag- S. 441. A bill to permit certain school dis- riculture, Nutrition, and Forestry. Bond Obligations for Food, Drugs, Devices tricts in Illinois to be reconstituted for pur- By Mr. INOUYE, from the Committee on and Cosmetics’’ (RIN1505–AB57) received on poses of determining assistance under the Commerce, Science, and Transportation, January 29, 2007; to the Committee on Fi- Impact Aid program; to the Committee on nance. without amendment: Health, Education, Labor, and Pensions. EC–571. A communication from the Assist- S. Res. 58. An original resolution author- By Mr. DURBIN (for himself, Mr. SPEC- ant Secretary, Office of Legislative Affairs, izing expenditures by the Committee on TER, Mr. LEAHY, Mr. SMITH, Mr. Department of State, transmitting, pursuant Commerce, Science, and Transportation. KERRY, and Ms. COLLINS): to law, the report of a rule entitled ‘‘Amend- By Mr. BAUCUS, from the Committee on S. 442. A bill to provide for loan repayment ment of the International Traffic in Arms Finance, without amendment: for prosecutors and public defenders; to the Regulations: Policy with Respect to Libya S. Res. 59. An original resolution author- Committee on the Judiciary. and Venezuela’’ (22 CFR Part 126) received on izing expenditures by the Committee on Fi- By Mr. SALAZAR (for himself and Mr. January 26, 2007; to the Committee on For- nance. ALLARD): eign Relations. By Mr. LIEBERMAN, from the Committee S. 443. A bill to establish the Sangre de EC–572. A communication from the Sec- on Homeland Security and Governmental Af- Cristo National Heritage Area in the State of retary of Health and Human Services, trans- fairs, without amendment: Colorado, and for other purposes; to the mitting, pursuant to law, a report entitled S. Res. 60. An original resolution author- Committee on Energy and Natural Re- ‘‘Report to Congress on Head Start Moni- izing expenditures by the Committee on sources. toring for Fiscal Year 2005’’; to the Com- Homeland Security and Governmental Af- By Mr. SALAZAR: mittee on Health, Education, Labor, and fairs. S. 444. A bill to establish the South Park Pensions. By Mrs. FEINSTEIN, from the Committee National Heritage Area in the State of Colo- EC–573. A communication from the Direc- on Rules and Administration, without rado, and for other purposes; to the Com- tor, Regulations Policy and Management amendment: mittee on Energy and Natural Resources. Staff, Department of Health and Human S. Res. 63. An original resolution author- By Ms. STABENOW (for herself, Mr. Services, transmitting, pursuant to law, the izing expenditures by the Committee on GRAHAM, and Mr. LEVIN): report of a rule entitled ‘‘Medical Devices; Rules and Administration. S. 445. A bill to establish the position of Immunology and Microbiology Devices; Clas- f Trade Enforcement Officer and a Trade En- sification of Quality Control Material for forcement Division in the Office of the Cystic Fibrosis Nucleic Acid Assays’’ (Dock- EXECUTIVE REPORTS OF United States Trade Representative, to re- et No. 2006N–0517) received on January 26, COMMITTEES quire identification of trade enforcement pri- 2007; to the Committee on Health, Education, The following executive reports of orities, and for other purposes; to the Com- Labor, and Pensions. mittee on Finance. EC–574. A communication from the Deputy nominations were submitted: By Mr. DURBIN: Director of Communications and Legislative By Mr. BAUCUS for the Committee on Fi- S. 446. A bill to amend the Public Health Affairs, Equal Employment Opportunity nance. Service Act to authorize capitation grants to

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1410 CONGRESSIONAL RECORD — SENATE January 31, 2007 increase the number of nursing faculty and S. 456. A bill to increase and enhance law S. 465. A bill to amend titles XVIII and XIX students, and for other purposes; to the Com- enforcement resources committed to inves- of the Social Security Act and title III of the mittee on Health, Education, Labor, and tigation and prosecution of violent gangs, to Public Health Service Act to improve access Pensions. deter and punish violent gang crime, to pro- to information about individuals’ health care By Mr. FEINGOLD: tect law-abiding citizens and communities options and legal rights for care near the end S. 447. A bill to abolish the death penalty from violent criminals, to revise and en- of life, to promote advance care planning and under Federal law; to the Committee on the hance criminal penalties for violent crimes, decisionmaking so that individuals’ wishes Judiciary. to expand and improve gang prevention pro- are known should they become unable to By Mr. FEINGOLD (for himself, Mrs. grams, and for other purposes; to the Com- speak for themselves, to engage health care BOXER, and Mr. LEAHY): mittee on the Judiciary. providers in disseminating information S. 448. A bill to prohibit the use of funds to By Mr. VOINOVICH (for himself, Mr. about and assisting in the preparation of ad- continue deployment of the United States BROWN, Mr. SESSIONS, Mr. BINGAMAN, vance directives, which include living wills Armed Forces in Iraq beyond six months Mrs. CLINTON, Mr. DOMENICI, Mr. and durable powers of attorney for health after the date of the enactment of this Act; KENNEDY, Mr. LIEBERMAN, Mr. LOTT, care, and for other purposes; to the Com- to the Committee on Foreign Relations. and Mr. REED): mittee on Finance. By Mr. BIDEN (for himself, Mr. MCCON- S. 457. A bill to extend the date on which By Mr. ROCKEFELLER (for himself, NELL, Mr. MENENDEZ, Mrs. MURRAY, the National Security Personnel System will Mr. NELSON of Florida, and Mr. and Mr. SPECTER): first apply to certain defense laboratories; to LUGAR): S. 449. A bill to amend title I of the Omni- the Committee on Homeland Security and S. 466. A bill to amend title XVIII of the bus Crime Control and Safe Streets Act of Governmental Affairs. Social Security Act to provide for coverage 1968 to provide standards and procedures to By Mrs. LINCOLN (for herself, Mr. of an end-of-life planning consultation as guide both State and local law enforcement THOMAS, and Mr. PRYOR): part of an initial preventive physical exam- agencies and law enforcement officers during S. 458. A bill to amend title XVIII of the ination under the Medicare program; to the internal investigations, interrogation of law Social Security Act to provide for the treat- Committee on Finance. enforcement officers, and administrative dis- ment of certain physician pathology services By Mr. DODD (for himself, Mr. GRASS- ciplinary hearings, to ensure accountability under the Medicare program; to the Com- LEY, Mr. WYDEN, Mr. BINGAMAN, Mr. of law enforcement officers, to guarantee the mittee on Finance. DURBIN, and Mr. HARKIN): due process rights of law enforcement offi- By Ms. SNOWE (for herself, Ms. S. 467. A bill to amend the Public Health cers, and to require States to enact law en- LANDRIEU, Mr. COCHRAN, Mrs. MUR- Service Act to expand the clinical trials drug forcement discipline, accountability, and due RAY, Mr. LAUTENBERG, Mr. DURBIN, data bank; to the Committee on Health, Edu- process laws; to the Committee on the Judi- Mrs. CLINTON, Mr. SANDERS, Mrs. cation, Labor, and Pensions. ciary. FEINSTEIN, Mrs. BOXER, Ms. CANT- By Mr. GRASSLEY (for himself, Mr. By Mr. ENSIGN (for himself, Mrs. LIN- WELL, Ms. MIKULSKI, Mr. HARKIN, Mr. DODD, Ms. MIKULSKI, and Mr. BINGA- COLN, Mr. CARDIN, Ms. COLLINS, Mr. SCHUMER, and Mr. MENENDEZ): MAN): REED, Mr. WARNER, Mr. GRAHAM, Mr. S. 459. A bill to require that health plans S. 468. A bill to amend the Federal Food, AKAKA, Mr. HAGEL, Mr. HATCH, and provide coverage for a minimum hospital Drug, and Cosmetic Act with respect to drug Mr. DODD): stay for mastectomies, lumpectomies, and safety, and for other purposes; to the Com- S. 450. A bill to amend title XVIII of the lymph node dissection for the treatment of mittee on Health, Education, Labor, and Social Security Act to repeal the medicare breast cancer and coverage for secondary Pensions. outpatient rehabilitation therapy caps; to consultations; to the Committee on Health, By Mr. BAUCUS (for himself and Mr. the Committee on Finance. Education, Labor, and Pensions. GRASSLEY): By Mr. AKAKA (for himself, Mr. COCH- By Ms. SNOWE (for herself and Mr. S. 469. A bill to amend the Internal Rev- RAN, Mr. DODD, Mr. FEINGOLD, and ROCKEFELLER): enue Code of 1986 to make permanent the Mr. DURBIN): S. 460. A bill to make determinations by special rule for contributions of qualified S. 451. A bill to establish a National For- the United States Trade Representative conservation contributions; to the Com- eign Language Coordination Council; to the under title III of the Trade Act of 1974 re- mittee on Finance. Committee on Health, Education, Labor, and viewable by the Court of International Trade By Mr. LEVIN: Pensions. and to ensure that the United States Trade S. 470. A bill to express the sense of Con- By Ms. CANTWELL (for herself, Mrs. Representative considers petitions to enforce gress on Iraq; read the first time. BOXER, and Mr. LAUTENBERG): United States Trade rights, and for other S. 452. A bill to amend title 11, United purposes; to the Committee on Finance. f States Code, to ensure that liable entities By Mr. GRASSLEY: meet environmental cleanup obligations, and S. 461. A bill to amend title 28, United SUBMISSION OF CONCURRENT AND for other purposes; to the Committee on En- States Code, to provide an Inspector General SENATE RESOLUTIONS vironment and Public Works. for the judicial branch, and for other pur- The following concurrent resolutions By Mr. OBAMA (for himself, Mr. SCHU- poses; to the Committee on the Judiciary. and Senate resolutions were read, and MER, Mr. LEAHY, Mr. CARDIN, Mr. By Mr. REID (for himself and Mr. EN- referred (or acted upon), as indicated: FEINGOLD, Mr. KERRY, Mrs. FEIN- SIGN): STEIN, Mrs. CLINTON, Mrs. BOXER, and S. 462. A bill to approve the settlement of By Mr. CONRAD: Mr. KENNEDY): the water rights claims of the Shoshone-Pai- S. Res. 52. An original resolution author- S. 453. A bill to prohibit deceptive prac- ute Tribes of the Duck Valley Indian Res- izing expenditures by the Committee on the tices in Federal elections; to the Committee ervation in Nevada, to require the Secretary Budget; from the Committee on the Budget; on the Judiciary. of the Interior to carry out the settlement, to the Committee on Rules and Administra- By Ms. COLLINS: and for other purposes; to the Committee on tion. S. 454. A bill to provide an increase in fund- Indian Affairs. By Mr. DURBIN (for himself and Mr. ing for Federal Pell Grants, to amend the In- By Mr. MCCAIN (for himself and Mr. OBAMA): ternal Revenue Code of 1986 in order to ex- FEINGOLD): S. Res. 53. A resolution congratulating Illi- pand the deduction for interest paid on stu- S. 463. A bill to amend the Federal Election nois State University as it marks its sesqui- dent loans, raise the contribution limits for Campaign Act of 1971 to clarify when organi- centennial; to the Committee on the Judici- Coverdell Education Savings Accounts, and zations described in section 527 of the Inter- ary. make the exclusion for employer provided nal Revenue Code of 1986 must register as po- By Mr. KENNEDY: educational assistance permanent, and for litical committees, and for other purposes; S. Res. 54. An original resolution author- other purposes; to the Committee on Fi- to the Committee on Rules and Administra- izing expenditures by the Committee on nance. tion. Health, Education, Labor, and Pensions; By Mr. KERRY: By Mr. ROCKEFELLER (for himself, from the Committee on Health, Education, S. 455. A bill to amend the Internal Rev- Ms. COLLINS, and Mr. NELSON of Flor- Labor, and Pensions; to the Committee on enue Code of 1986 to provide tax relief to ac- ida): Rules and Administration. tive duty military personnel and employers S. 464. A bill to amend title XVIII and XIX By Mr. AKAKA: who assist them, and for other purposes; to of the Social Security Act to improve the re- S. Res. 55. An original resolution author- the Committee on Finance. quirements regarding advance directives in izing expenditures by the Committee on Vet- By Mrs. FEINSTEIN (for herself, Mr. order to ensure that an individual’s health erans’ Affairs; from the Committee on Vet- HATCH, Mr. SCHUMER, Mr. SPECTER, care decisions are complied with, and for erans’ Affairs; to the Committee on Rules Mr. BIDEN, Mr. KYL, Mr. STEVENS, other purposes; to the Committee on Fi- and Administration. Ms. CANTWELL, Mr. COLEMAN, Ms. MI- nance. By Mr. DODD: KULSKI, Mr. BAUCUS, Mr. PRYOR, Mr. By Mr. NELSON of Florida (for him- S. Res. 56. An original resolution author- SALAZAR, Mrs. MURRAY, Mr. BROWN, self, Mr. LUGAR, Mr. ROCKEFELLER, izing expenditures by the Committee on Mrs. CLINTON, Mrs. DOLE, Mr. Ms. COLLINS, Mr. DURBIN, and Mr. Banking, Housing, and Urban Affairs; from CORNYN, Mr. KOHL, and Mr. CASEY): BINGAMAN): the Committee on Banking, Housing, and

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1411 Urban Affairs; to the Committee on Rules sponsor of S. 101, a bill to update and LEY) was added as a cosponsor of S. 430, and Administration. reinvigorate universal service provided a bill to amend title 10, United States By Mr. HARKIN: under the Communications Act of 1934. Code, to enhance the national defense S. Res. 57. An original resolution author- S. 166 through empowerment of the Chief of izing expenditures by the Committee on Ag- the National Guard Bureau and the en- riculture, Nutrition, and Forestry; from the At the request of Mr. MCCAIN, the Committee on Agriculture, Nutrition, and name of the Senator from Nevada (Mr. hancement of the functions of the Na- Forestry; to the Committee on Rules and Ad- ENSIGN) was added as a cosponsor of S. tional Guard Bureau, and for other pur- ministration. 166, a bill to restrict any State from poses. By Mr. INOUYE: imposing a new discriminatory tax on At the request of Mr. LEAHY, the S. Res. 58. An original resolution author- cell phone services. names of the Senator from Maryland izing expenditures by the Committee on (Ms. MIKULSKI), the Senator from West S. 233 Commerce, Science, and Transportation; Virginia (Mr. ROCKEFELLER), the Sen- from the Committee on Commerce, Science, At the request of Mr. KENNEDY, the name of the Senator from Connecticut ator from Montana (Mr. BAUCUS), the and Transportation; to the Committee on Senator from Massachusetts (Mr. Rules and Administration. (Mr. DODD) was added as a cosponsor of KERRY) and the Senator from Oregon By Mr. BAUCUS: S. 233, a bill to prohibit the use of (Mr. WYDEN) were added as cosponsors S. Res. 59. An original resolution author- funds for an escalation of United of S. 430, supra. izing expenditures by the Committee on Fi- States military forces in Iraq above the S. 431 nance; from the Committee on Finance; to numbers existing as of January 9, 2007. the Committee on Rules and Administration. At the request of Mr. MCCAIN, the S. 268 By Mr. LIEBERMAN: name of the Senator from Alaska (Mr. At the request of Ms. CANTWELL, the S. Res. 60. An original resolution author- STEVENS) was added as a cosponsor of izing expenditures by the Committee on name of the Senator from Oregon (Mr. S. 431, a bill to require convicted sex Homeland Security and Governmental Af- SMITH) was added as a cosponsor of S. offenders to register online identifiers, fairs; from the Committee on Homeland Se- 268, a bill to designate the Ice Age and for other purposes. curity and Governmental Affairs; to the Floods National Geologic Trail, and for AMENDMENT NO. 115 Committee on Rules and Administration. other purposes. By Mr. KENNEDY (for himself, Mr. At the request of Mr. KYL, the names S. 281 MCCAIN, Mr. AKAKA, Mr. BOND, Mr. of the Senator from Tennessee (Mr. AL- ITTER BURR, Ms. CANTWELL, Mr. CARPER, At the request of Mr. V , the EXANDER) and the Senator from Penn- Mrs. CLINTON, Mr. COCHRAN, Mr. name of the Senator from Ohio (Mr. sylvania (Mr. SPECTER) were added as COLEMAN, Mr. CONRAD, Mr. DODD, VOINOVICH) was added as a cosponsor of cosponsors of amendment No. 115 pro- Mrs. DOLE, Mr. DOMENICI, Mr. DUR- S. 281, a bill to amend title 44 of the posed to H.R. 2, a bill to amend the BIN, Mr. ENSIGN, Mr. GRASSLEY, Mr. United States Code, to provide for the Fair Labor Standards Act of 1938 to ISAKSON, Mr. KERRY, Ms. LANDRIEU, suspension of fines under certain cir- provide for an increase in the Federal Mr. LEAHY, Mr. LEVIN, Ms. MUR- cumstances for first-time paperwork minimum wage. KOWSKI, Mr. PRYOR, Mr. SANDERS, Mr. violations by small business concerns. REID, and Mr. SPECTER): AMENDMENT NO. 209 S. Res. 61. A resolution designating Janu- S. 287 At the request of Mr. KYL, the name ary 2007 as ‘‘National Mentoring Month’’; At the request of Mr. KENNEDY, the of the Senator from Pennsylvania (Mr. considered and agreed to. name of the Senator from Connecticut SPECTER) was added as a cosponsor of By Mr. VITTER (for himself and Ms. (Mr. DODD) was added as a cosponsor of amendment No. 209 proposed to H.R. 2, LANDRIEU): S. 287, a bill to prohibit the use of a bill to amend the Fair Labor Stand- S. Res. 62. A resolution recognizing the funds for an escalation of United ards Act of 1938 to provide for an in- goals of Catholic Schools Week and honoring States military forces in Iraq above the crease in the Federal minimum wage. the valuable contributions of Catholic schools in the United States; considered and numbers existing as of January 9, 2007. f S. 380 agreed to. STATEMENTS ON INTRODUCED At the request of Mr. WYDEN, the By Mrs. FEINSTEIN: BILLS AND JOINT RESOLUTIONS S. Res. 63. An original resolution author- name of the Senator from West Vir- izing expenditures by the Committee on ginia (Mr. ROCKEFELLER) was added as By Mr. REID (for himself, Mrs. Rules and Administration; from the Com- a cosponsor of S. 380, a bill to reauthor- LINCOLN, Mr. BIDEN, Ms. MIKUL- mittee on Rules and Administration; placed ize the Secure Rural Schools and Com- SKI, Mrs. BOXER, Mr. DURBIN, on the calendar. munity Self-Determination Act of 2000, Mr. SALAZAR, and Mr. BROWN): By Mr. OBAMA (for himself, Mr. DUR- S. 439. A bill to amend title 10, BIN, Mr. DODD, Mr. LUGAR, Mr. and for other purposes. S. 381 United States Code, to permit certain LIEBERMAN, and Mr. BAYH): retired members of the uniformed serv- S. Con. Res. 5. A concurrent resolution At the request of Mr. INOUYE, the honoring the life of Percy Lavon Julian, a name of the Senator from Delaware ices who have a service-connected disability to receive both disability com- pioneer in the field of organic chemistry and (Mr. CARPER) was added as a cosponsor pensation from the Department of Vet- the first and only African-American chemist of S. 381, a bill to establish a fact-find- erans Affairs for their disability and ei- to be inducted into the National Academy of ing Commission to extend the study of Sciences; to the Committee on the Judiciary. ther retired pay by reason of their a prior Commission to investigate and By Mr. ENZI (for himself and Mr. years of military service or Combat- determine facts and circumstances sur- THOMAS): Related Special Compensation; to the rounding the relocation, internment, S. Con. Res. 6. A concurrent resolution ex- Committee on Armed Services. pressing the sense of Congress that the Na- and deportation to Axis countries of Mr. REID. Mr. President, we are tional Museum of Wildlife Art, located in Latin Americans of Japanese descent going to have a debate on Iraq, and it Jackson, Wyoming, should be designated as from December 1941 through February the ‘‘National Museum of Wildlife Art of the will be a historic debate about that 1948, and the impact of those actions by war, a war that has demanded unparal- United States’’; to the Committee on Energy the United States, and to recommend and Natural Resources. leled sacrifices from our men and appropriate remedies, and for other By Mr. WARNER (for himself, Mr. NEL- women in uniform. SON of Nebraska, Ms. COLLINS, Mr. purposes. While we have our disagreements LEVIN, and Ms. SNOWE): S. 408 with the President’s conduct of the S. Con. Res. 7. A concurrent resolution ex- At the request of Mr. CHAMBLISS, the war, all 100 Senators stand side by side pressing the sense of Congress on Iraq; to the name of the Senator from Montana in supporting our troops. They have Committee on Foreign Relations. (Mr. BAUCUS) was added as a cosponsor done everything asked of them, car- f of S. 408, a bill to recognize the herit- rying out a difficult mission with age of hunting and provide opportuni- honor and skill. We as a country owe ADDITIONAL COSPONSORS ties for continued hunting on Federal the brave men and women in our mili- S. 101 public land. tary a debt of gratitude and have re- At the request of Mr. STEVENS, the S. 430 sponsibility to ensure our veterans re- name of the Senator from South Da- At the request of Mr. BOND, the name ceive both the thanks of a grateful na- kota (Mr. THUNE) was added as a co- of the Senator from Iowa (Mr. GRASS- tion and the benefits they have earned,

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1412 CONGRESSIONAL RECORD — SENATE January 31, 2007 and that is a subject I would like to In 2000, I introduced legislation to SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RE- discuss briefly this morning. eliminate this unfair policy for the TIRED PAY AND VETERANS’ DIS- ABILITY COMPENSATION FOR CER- About 8 years ago, one of my staff first time. I did it at the end of the TAIN MILITARY RETIREES WITH came to me and said: Senator, do you 106th Congress. This legislation passed COMPENSABLE SERVICE-CON- realize that if a person is disabled in the Senate but was removed by the NECTED DISABILITIES. the military and retires from the mili- House during conference. So I reintro- (a) EXTENSION OF CONCURRENT RECEIPT AU- tary, they cannot draw on both their duced the legislation in the 107th Con- THORITY TO RETIREES WITH SERVICE-CON- NECTED DISABILITIES RATED LESS THAN 50 benefits? I said: What? And he repeated gress, in both 2001 and 2002. Unfortu- that. If you are in the military and you PERCENT.— nately, it was once again adopted by (1) REPEAL OF 50 PERCENT REQUIREMENT.— become disabled and you retire, you the Senate but removed in conference. Section 1414 of title 10, United States Code, cannot draw both your benefits. I In 2003, I proposed legislation to is amended by striking paragraph (2) of sub- thought my staffer didn’t know what section (a). he was talking about, but he did. That allow disabled veterans with at least a 50-percent disability rating to become (2) COMPUTATION.—Paragraph (1) of sub- was the law in our country and had section (c) of such section is amended by been for many years, and it was a eligible for full concurrent receipt over adding at the end the following new subpara- wrong law. That law is still mostly in a 10-year phase-in period. Despite veto graph: effect, and that is too bad. threats from the Bush administration, ‘‘(G) For a month for which the retiree re- When someone who is disabled retires Congress passed this very important ceives veterans’ disability compensation for from the U.S. military, he or she can- version of concurrent receipt. a disability rated as 40 percent or less or has a service-connected disability rated as zero not draw on both their benefits. If you In 2004, I took it a step further. I in- percent, $0.’’. retire from any other branch of the troduced legislation to eliminate the (b) REPEAL OF PHASE-INOFCONCURRENT Federal Government, such as the Bu- 10-year phase-in period for veterans RECEIPT FOR RETIREES WITH SERVICE-CON- reau of Land Management, you can with a 100-percent disability. The moti- NECTED DISABILITIES RATED AS TOTAL.—Sub- draw both your disability pay and your vation here was to get concurrent re- section (a)(1) of such section is amended by retirement pay but, no, not if you are ceipt to the most severely disabled vet- striking ‘‘except that’’ and all that follows in the military. These people have been erans. We thought many of these vet- and inserting ‘‘except— robbed of their benefits, in my opinion, erans would never see the benefits with ‘‘(A) in the case of a qualified retiree re- and I refer specifically to thousands of ceiving veterans’ disability compensation for a 10-year phase-in. They are old World a disability rated as 100 percent, payment of men and women who have been denied War II veterans, where the average age retired pay to such veteran is subject to sub- their retirement because of an unfair is well over 80 now, and to think they section (c) only during the period beginning policy referred to as concurrent re- would have to wait 10 years for a on January 1, 2004, and ending on December ceipt. phase-in isn’t very fair. 31, 2004; and By law, disabled veterans, as I have In 2005, we focused on the most se- ‘‘(B) in the case of a qualified retiree re- said, cannot collect disability pay and ceiving veterans’ disability compensation for verely disabled veterans and success- retirement pay at the same time. What a disability rated as total by reason of fully eliminated the 10-year phase-in does this mean? It means for every dol- unemployability, payment of retired pay to for veterans listed as unemployable. I lar of compensation a disabled veteran such veteran is subject to subsection (c) only was pleased with the passage of that receives as a result of their injuries, during the period beginning on January 1, 2005 amendment but disappointed that 2004, and ending on December 31, 2007.’’. they must sacrifice a dollar of their re- the conference committee chose not to (c) CLERICAL AMENDMENTS.— tirement pay they earned in the service enact this valuable legislation for vet- (1) The heading for section 1414 of such of our Nation. In many cases, this ban erans rated as unemployable until 2009. title is amended to read as follows: takes away a veteran’s full retirement So in 2006, I sought to get unemploy- ‘‘§ 1414. Members eligible for retired pay who pay, wiping away the benefits he or she are also eligible for veterans’ disability earned in 20 or more years of service. able veterans immediate relief, but we didn’t act. Congress didn’t act. compensation: concurrent payment of re- That is wrong. tired pay and disability compensation’’. So here we are in 2007, back at it Concurrent receipt is a special tax on (2) The item relating to such section in the the men and women who keep us safe. again. Today, concurrent receipt re- table of sections at the beginning of chapter Few veterans can afford to live on their mains one of my highest priorities. It 71 of such title is amended to read as follows: retirement pay alone. Those burdened is a priority, I believe, in fairness. We ‘‘1414. Members eligible for retired pay who with disability face an even greater need to continue to chip away at this are also eligible for veterans’ struggle, often denied any postservice policy, and I am committed to that disability compensation: con- work. They receive disability com- goal 100 percent, so that 100 percent of current payment of retired pay pensation to pay for pain, suffering, disabled veterans get the money they and disability compensation.’’. and loss of future earnings caused by a earn in being part of the great fighting (d) EFFECTIVE DATE.—The amendments service-connected illness or injury. No force of this Nation. made by this section shall take effect on other Federal retiree is forced to make January 1, 2008, and shall apply to payments We are blessed in this country to be for months beginning on or after that date. forfeit of their retirement—only our defended by an All-Volunteer Army. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY disabled military retirees. This is not These patriots put their lives and safe- FOR COMBAT-RELATED SPECIAL just an error, it is a disgrace. ty on the line because they love this COMPENSATION AND CONCURRENT Of course, concurrent receipt is not a country. I believe it is time for this RECEIPT. new problem. I hope most everyone in country and this Congress to repay (a) ELIGIBILITY FOR TERA RETIREES.—Sub- section (c) of section 1413a of title 10, United the Senate knows about it. This is the their service and sacrifice, and that is seventh year I have introduced legisla- States Code, is amended by striking ‘‘enti- why I am reintroducing today the Re- tled to retired pay who—’’ and inserting tion to give disabled veterans the sup- tired Pay Restoration Act of 2007. port they have earned, and I will con- ‘‘who— ‘‘(1) is entitled to retired pay, other than a tinue fighting until we succeed, ending Mr. President, I ask unanimous consent that the text of this legislation be member retired under chapter 61 of this title this unacceptable policy. with less than 20 years of service creditable printed in the RECORD. I first of all want to suggest that the under section 1405 of this title and less than two managers of the Defense bill, every There being no objection, the text of 20 years of service computed under section year since I have worked on this, have the bill was ordered to be printed in 12732 of this title; and been Senator WARNER and Senator the RECORD, as follows: ‘‘(2) has a combat-related disability.’’. LEVIN, and they have helped me. I ap- (b) AMENDMENTS TO STANDARDIZE SIMILAR S. 439 preciate that very much. They have PROVISIONS.— been thoughtful and understanding in Be it enacted by the Senate and House of Rep- (1) CLERICAL AMENDMENT.—The heading for paragraph (3) of section 1413a(b) of such title their approach to this issue. What has resentatives of the United States of America in Congress assembled, is amended by striking ‘‘RULES’’ and insert- happened these past 7 years is good but ing ‘‘RULE’’. not really good. We have chipped away SECTION 1. SHORT TITLE. (2) QUALIFIED RETIREES.—Subsection (a) of at this unfair policy of concurrent re- This Act may be cited as the ‘‘Retired Pay section 1414 of such title, as amended by sec- ceipt. Restoration Act of 2007’’. tion 2(a), is amended—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1413 (A) by striking ‘‘a member or’’ and all that amount received by the North Chicago Com- Our bill, the John R. Justice Pros- follows through ‘‘retiree’)’’ and inserting ‘‘a munity Unit School District 187 under such ecutors and Defenders Incentive Act, is qualified retiree’’; and section; and designed to help remedy some of these (B) by adding at the end the following new (2) any amount apportioned among all such problems. The availability of student paragraph: school districts pursuant to paragraph (1) is loan repayment can be a powerful in- ‘‘(2) QUALIFIED RETIREES.—For purposes of used by such school districts only for the di- this section, a qualified retiree, with respect rect provision of educational services. centive for attracting talented new to any month, is a member or former mem- lawyers to public service employment. ber of the uniformed services who— By Mr. DURBIN (for himself, Mr. Our proposal complements loan for- ‘‘(A) is entitled to retired pay, other than SPECTER, Mr. LEAHY, Mr. giveness options that currently exist in the case of a member retired under chap- SMITH, Mr. KERRY, and Ms. COL- for Federal prosecutors. Passage of this ter 61 of this title with less than 20 years of LINS): bill will help make prosecutor and pub- service creditable under section 1405 of this S. 442. A bill to provide for loan re- lic defender jobs at all levels of govern- title and less than 20 years of service com- payment for prosecutors and public de- ment more attractive and financially puted under section 12732 of this title; and ‘‘(B) is also entitled for that month to vet- fenders; to the Committee on the Judi- viable for law school graduates who erans’ disability compensation.’’. ciary. have incurred significant educational (3) DISABILITY RETIREES.—Subsection (b) of Mr. DURBIN. Mr. President, I rise debt. section 1414 of such title is amended— today to introduce the John R. Justice Our bill is named after the late John (A) by striking ‘‘SPECIAL RULES’’ in the Prosecutors and Defenders Incentive R. Justice, former president of the Na- subsection heading and all that follows Act of 2007. I am honored to have the tional District Attorneys Association through ‘‘is subject to’’ and inserting ‘‘SPE- support and cosponsorship of Senator and a distinguished prosecutor from CIAL RULE FOR CHAPTER 61 DISABILITY RETIR- LEAHY and Senator SPECTER, the chair- the State of South Carolina. John Jus- EES.—In the case of a qualified retiree who is man and ranking member of the Judi- retired under chapter 61 of this title, the re- tice was instrumental in promoting ciary Committee, on this important student loan repayment efforts for law tired pay of the member is subject to’’; and legislation. I look forward to working (B) by striking paragraph (2). school graduates seeking to work in closely with Chairman LEAHY and (c) EFFECTIVE DATE.—The amendments public service. This bill is a fitting made by this section shall take effect on Ranking Member SPECTER to advance tribute to his dedicated efforts. January 1, 2008, and shall apply to payments it through the Judiciary Committee The need for this legislation is evi- for months beginning on or after that date. and secure its enactment into law. I dent. In recent years, the costs of a law also appreciate the cosponsorship of school education have skyrocketed. Re- By Mr. DURBIN (for himself and Senator SMITH, Senator KERRY and searchers found that tuition increased Mr. OBAMA): Senator COLLINS on this bipartisan bill. about 340 percent from 1985 to 2002 for S. 441. A bill to permit certain school Our bill seeks to enhance our crimi- private law school students and for districts in Illinois to be reconstituted nal justice system by encouraging tal- out-of-State students at public law for purposes of determining assistance ented law school graduates to serve as schools. In-State students at public law criminal prosecutors and public defend- under the Impact Aid program; to the schools saw their tuition jump about ers. The bill would establish a student Committee on Health, Education, 500 percent during that time. In 2005, loan repayment program for qualified Labor, and Pensions. the average annual tuition was $28,900 attorneys who agree to remain em- Mr. DURBIN. Mr. President, I ask for private law schools, $22,987 for non- ployed for at least 3 years as State or unanimous consent that the text of the resident students at public law schools, local criminal prosecutors, or as State, bill be printed in the RECORD. and $13,145 for resident students at pub- local, or Federal public defenders in There being no objection, the text of lic law schools. These tuition costs do the bill was ordered to be printed in criminal cases. This legislation is supported by the not include the costs of food, lodging, the RECORD, as follows: books, fees and personal expenses over S. 441 American Bar Association, the Na- tional District Attorneys Association, 3 years of law school. Be it enacted by the Senate and House of Rep- Unsurprisingly, the vast majority of resentatives of the United States of America in the National Association of Prosecutor Coordinators, the National Legal Aid law students—over 80 percent—must Congress assembled, borrow funds to finance their legal edu- SECTION 1. ELIGIBILITY FOR IMPACT AID PAY- and Defender Association, and the Na- tional Association of Criminal Defense cation. According to the American Bar MENT. Association, the average total cumu- (a) LOCAL EDUCATIONAL AGENCIES.—Not- Lawyers. withstanding section 8013(9)(B) of the Ele- For our criminal justice system to lative educational debt for law school mentary and Secondary Education Act of function effectively, we need to have a graduates in the class of 2005 was 1965 (20 U.S.C. 7713(9)(B)), North Chicago sufficient supply of dedicated and com- $78,763 for private schools and $51,056 Community Unit School District 187, North petent attorneys working in prosecutor for public schools. Two-thirds of law Shore District 112, and Township High and public defender offices. However, students generally carry additional un- School District 113 in Lake County, Illinois, many qualified law school graduates paid debt from their undergraduate and Glenview Public School District 34 and who have a strong motivation to work studies. These education debts are seri- Glenbrook High School District 225 in Cook ous financial obligations that must be County, Illinois, shall be considered local in the public sector find it economi- educational agencies as such term is used in cally impossible due to the over- repaid, as any default on a loan trig- and for purposes of title VIII of such Act. whelming burden of student loan debt. gers significant consequences. (b) COMPUTATION.—Notwithstanding any The legal profession and our commu- Many law students graduate with a other provision of law, federally connected nities pay a severe price when law deep commitment to pursuing a career children (as determined under section 8003(a) graduates are shut out from pursuing in public service. However, they need a of the Elementary and Secondary Education public service careers due to edu- level of income sufficient to meet the Act of 1965 (20 U.S.C. 7703(a))) who are in at- cational debt. When prosecutor and demands of their educational loan li- tendance in the North Shore District 112, public defender offices cannot attract abilities, and public service salaries Township High School District 113, Glenview have not kept up with rising law school Public School District 34, and Glenbrook new lawyers or keep experienced ones, High School District 225 described in sub- their ability to protect the public in- debt burdens. From 1985 to 2002, while section (a), shall be considered to be in at- terest is compromised. Such offices law school tuition increased 340 per- tendance in the North Chicago Community may find themselves unable to take on cent for private law school students Unit School District 187 described in sub- new cases due to staffing shortages, and 500 percent for in-state students at section (a) for purposes of computing the and their existing staff may be forced public law schools, salaries for public amount that the North Chicago Community to handle unmanageable workloads. service lawyers such as prosecutors and Unit School District 187 is eligible to receive Cases may suffer from lengthy and un- public defenders increased by just 70 under subsection (b) or (d) of such section percent. According to the National As- if— necessary delays, and some cases may (1) such school districts have entered into be mishandled by inexperienced or sociation for Law Placement, NALP, an agreement for such students to be so con- overworked attorneys. As a result, in- the median entry-level salary for pub- sidered and for the equitable apportionment nocent people may be sent to jail, and lic defenders is $43,000. With 11 to 15 among all such school districts of any criminals may go free. years of experience, the median salary

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1414 CONGRESSIONAL RECORD — SENATE January 31, 2007 increases only to $65,500. The salary with enormous hurdles in attracting preceding fiscal year and who have progression for State prosecuting at- first-rate candidates to pursue a career completed less than three years of the torneys is similar, starting at around with the Cook County State’s Attor- first required service period. Borrowers $46,000 and progressing to about $68,000 ney’s Office. We simply cannot afford could enter into an additional agree- for those with 11 to 15 years of experi- to pay new assistants a salary high ment, after the required three-year pe- ence. enough to offset the enormous debt riod, for a successive period of service Many law school graduates can earn load that follows them from their law which may be less than three years. much more and repay their student school graduation.’’ Attorneys who do not complete their loans much faster by entering the pri- His letter also stated: ‘‘We are ob- required period of service would be re- vate sector. According to a NALP sur- serving an exodus of talent at about quired to repay the government. vey, in 2005 the median salary for first- the three to five year experience mark In addition to covering those who year attorneys at law firms ranged in the office when assistants are no agree to serve in State and local pros- from $67,500 in firms of 2 to 25 attor- longer able to postpone life events such ecutor and defender offices, our bill neys to $135,000 in firms of 500 attor- as marriage, home ownership, and complements existing loan forgiveness neys or more. The median first-year starting a family. We are losing much programs that are currently available salary for all firms participating in the of our best talent before they even for Federal prosecutors by making loan survey was $100,000. When choosing be- have a chance to put their skills to use relief available to Federal public de- tween a private sector job and a job as in felony cases.’’ fenders as well. a prosecutor or defender, talented law I also received a copy of a letter from Our bill is modeled on a loan repay- graduates with large debt burdens Michael Judge, Chief Defender of the ment program that has been created must take into consideration this sal- Los Angeles County Public Defender for Federal executive branch employ- ary differential. Office, the oldest and largest such of- ees and that has enjoyed growing suc- It is clear that large student debt de- fice in the Nation. His letter states the cess. Federal law currently permits ters many law graduates from pursuing following about his office’s efforts to Federal executive branch agencies to public service careers. According to a recruit new lawyers: ‘‘It became nec- repay their employees’ student loans, national survey of 1,622 students from essary to expand the ambit of recruit- up to $10,000 in a year, and up to a life- 117 law schools conducted by Equal ing from locally to statewide, to the time maximum of $60,000. In exchange, Justice Works, the Partnership for western region of the country and now the employee must agree to remain Public Service, and NALP in 2002, 66 to the entire nation to ensure the suc- with the agency for at least three percent of respondents stated that law cess of our recruiting in the face of the years. According to the Office of Per- school debt prevented them from con- deterrent of crushing student loan sonnel Management (OPM), during fis- sidering a public interest or govern- debt. . . . In some sense we are ‘poach- cal year 2005 there were 479 lawyers ment job. ing’ in the territory of other defender working in Federal agencies who re- Some law graduates initially accept offices. . . . I have experienced more ceived loan repayments under this pro- public service jobs despite their high ‘turndowns’ of employment offers in gram, including 242 lawyers for the Se- debt burdens. However, many attor- the recent past than during my first 9 curities and Exchange Commission and neys cannot repay their loan obliga- or 10 years as Chief Defender. I at- 85 attorneys for the Department of Jus- tions as well as pay all their other liv- tribute that to the ‘ice cold water in tice. According to OPM, Federal agen- ing expenses on a government salary. the face syndrome’ experienced by mo- cies across the board say that the pro- Attorneys who begin careers in public tivated candidates making the final gram has been of tremendous benefit in service, and who would like to remain, net calculations and discovering a de- recruiting and retaining attorneys. frequently leave after a few years when fender career can be an adventure in As I have worked on behalf of our they find their debts are hindering deficit financing.’’ legislation, I have been moved by the their ability to provide for themselves, It harms the public interest when personal stories of attorneys who have much less support their families or communities face a shortage of attor- been trying to embark on a career of save for retirement. neys who can effectively prosecute public service but have been struggling Many public service employers report cases and provide criminal defendants because of student loans. One compel- having a difficult time attracting and with their constitutional right to coun- ling letter I received came from Aisha retaining talented law graduates. Pros- sel. Sadly, these situations occur all Cornelius, an Assistant State’s Attor- ecutor and public defender offices too frequently. We can—and should—do ney in Cook County, Illinois. Her letter across the country have vacancies they more to help prosecutor and public de- said the following: ‘‘I am a full-time cannot fill because new law graduates fender offices recruit and retain attor- prosecutor in Cook County. I wanted cannot afford to work for them. Alter- neys in the face of increasing student this job because I desired to use my law natively, those who do hire law grad- debt burdens and higher private sector degree for public service. Although uates find that, because of educational salaries. making a lot of money was not my pri- debt burdens, those whom they do hire Our legislation would help by estab- mary goal, I had hoped at least for fi- leave just at the point when they have lishing, within the Department of Jus- nancial stability. This, however, is dif- acquired the experience to provide the tice, a program of student loan repay- ficult to accomplish as my student most valuable services. According to a ment for borrowers who agree to re- loan payments take up a considerable Bureau of Justice Statistics survey, 24 main employed for at least three years amount of my income. I have more percent of state prosecutors’ offices re- as State or local criminal prosecutors, than $100,000 in student loan debt. I am ported problems in 2005 with recruiting or as State, local, or Federal public de- also a single mother with a five-year- new attorneys, and 35 percent reported fenders in criminal cases. It would old daughter in kindergarten. In order problems in retaining attorneys. An- allow eligible attorneys to receive stu- to work, I have to pay for before- and other survey administered by Equal dent loan debt repayments of up to after-school care for her. . . . I depleted Justice Works and the National Legal $10,000 per year, with a maximum ag- my savings while studying for the bar Aid & Defender Association in 2002 gregate over time of $60,000. The bill exam last year and I essentially live found that over 60 percent of public in- would cover student loans made, in- check to check. In order to supplement terest law employers, including state sured, or guaranteed under the Higher my income, I sell cosmetics and skin and local prosecutor and public de- Education Act of 1965, including con- care. I am also in the process of apply- fender offices, reported difficulty in at- solidation loans. ing for a part-time evening teaching torney recruitment and retention. Under our bill, repayment benefits position. I love my job and serving the I recently received a letter from Ber- for public sector attorneys would be greater good. The only reason I would nard Murray, President of the Prosecu- made available on a first-come, first- ever leave public service is if I could no tors Bar Association and Chief of the served basis, and would be subject to longer afford to stay. This is much Criminal Prosecutions Bureau for the the availability of appropriations. Pri- more of a possibility than I would like Cook County State’s Attorney’s Office ority would be given to borrowers who it to be. Loan repayment assistance in Chicago. He wrote: ‘‘[W]e are faced received repayment benefits for the would help me stay longer in a position

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1415 that allows me to serve the community U.S.C. 1078–3 and 1087e(g)) to the extent that ‘‘(1) IN GENERAL.—On completion of the re- during the day while giving me the such loan was used to repay a Federal Direct quired period of service under an agreement freedom and peace of mind to focus Stafford Loan, a Federal Direct Unsubsidized under subsection (d), the borrower and the [on] my daughter at night.’’ Stafford Loan, or a loan made under section Attorney General may, subject to paragraph I appreciate Ms. Cornelius’s willing- 428 or 428H of such Act. (2), enter into an additional agreement in accordance with subsection (d). ness to share her story with me. By en- ‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall establish a program by which ‘‘(2) TERM.—An agreement entered into acting and funding this legislation, we the Department of Justice shall assume the under paragraph (1) may require the bor- can take a meaningful step toward al- obligation to repay a student loan, by direct rower to remain employed as a prosecutor or leviating some of the financial burden payments on behalf of a borrower to the public defender for less than 3 years. for attorneys such as Ms. Cornelius holder of such loan, in accordance with sub- ‘‘(f) AWARD BASIS; PRIORITY.— who choose careers as criminal pros- section (d), for any borrower who— ‘‘(1) AWARD BASIS.—Subject to paragraph ecutors and public defenders. ‘‘(1) is employed as a prosecutor or public (2), the Attorney General shall provide re- I know there are many other law defender; and payment benefits under this section on a graduates who, like Aisha Cornelius, ‘‘(2) is not in default on a loan for which first-come, first-served basis, and subject to the availability of appropriations. want to apply their legal training and the borrower seeks forgiveness. ‘‘(2) PRIORITY.—The Attorney General shall develop their skills in the public sec- ‘‘(d) TERMS OF AGREEMENT.— ‘‘(1) IN GENERAL.—To be eligible to receive give priority in providing repayment bene- tor, but are deterred by the weight of repayment benefits under subsection (c), a fits under this section in any fiscal year to a student loan obligations. Passage of borrower shall enter into a written agree- borrower who— the John R. Justice Prosecutors and ment that specifies that— ‘‘(A) received repayment benefits under Defenders Incentive Act will help them ‘‘(A) the borrower will remain employed as this section during the preceding fiscal year; make their career dreams a reality. I a prosecutor or public defender for a required and urge its swift adoption. period of service of not less than 3 years, un- ‘‘(B) has completed less than 3 years of the I ask unanimous consent that the less involuntarily separated from that em- first required period of service specified for text of the bill be printed in the ployment; the borrower in an agreement entered into under subsection (d). RECORD. ‘‘(B) if the borrower is involuntarily separated from employment on account of mis- ‘‘(g) REGULATIONS.—The Attorney General There being no objection, the text of is authorized to issue such regulations as the bill was ordered to be printed in conduct, or voluntarily separates from employment, before the end of the period speci- may be necessary to carry out the provisions the RECORD, as follows: fied in the agreement, the borrower will of this section. S. 442 repay the Attorney General the amount of ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Be it enacted by the Senate and House of Rep- any benefits received by such employee There are authorized to be appropriated to resentatives of the United States of America in under this section; carry out this section $25,000,000 for fiscal Congress assembled, ‘‘(C) if the borrower is required to repay an year 2008 and such sums as may be necessary SECTION 1. SHORT TITLE. amount to the Attorney General under sub- for each succeeding fiscal year.’’. This Act may be cited as the ‘‘John R. Jus- paragraph (B) and fails to repay such tice Prosecutors and Defenders Incentive Act amount, a sum equal to that amount shall be By Mr. DURBIN: of 2007’’. recoverable by the Federal Government from S. 446. A bill to amend the Public SEC. 2. LOAN REPAYMENT FOR PROSECUTORS the employee (or such employee’s estate, if Health Service Act to authorize capita- AND DEFENDERS. applicable) by such methods as are provided tion grants to increase the number of Title I of the Omnibus Crime Control and by law for the recovery of amounts owed to nursing faculty and students, and for Safe Streets Act of 1968 (42 U.S.C. 3711 et the Federal Government; other purposes; to the Committee on seq.) is amended by adding at the end the fol- ‘‘(D) the Attorney General may waive, in Health, Education, Labor, and Pen- lowing: whole or in part, a right of recovery under sions. ‘‘PART JJ—LOAN REPAYMENT FOR this subsection if it is shown that recovery PROSECUTORS AND PUBLIC DEFENDERS would be against equity and good conscience Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the ‘‘SEC. 3111. GRANT AUTHORIZATION. or against the public interest; and ‘‘(a) PURPOSE.—The purpose of this section ‘‘(E) the Attorney General shall make stu- bill be printed in the RECORD. is to encourage qualified individuals to enter dent loan payments under this section for There being no objection, the text of and continue employment as prosecutors and the period of the agreement, subject to the the bill was ordered to be printed in public defenders. availability of appropriations. the RECORD, as follows: ‘‘(2) REPAYMENTS.— ‘‘(b) DEFINITIONS.—In this section: S. 446 ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ ‘‘(A) IN GENERAL.—Any amount repaid by, means a full-time employee of a State or or recovered from, an individual or the es- Be it enacted by the Senate and House of Rep- local agency who— tate of an individual under this subsection resentatives of the United States of America in ‘‘(A) is continually licensed to practice shall be credited to the appropriation ac- Congress assembled, law; and count from which the amount involved was SECTION 1. SHORT TITLE. ‘‘(B) prosecutes criminal cases at the State originally paid. This Act may be cited as the ‘‘Nurse Edu- or local level. ‘‘(B) MERGER.—Any amount credited under cation, Expansion, and Development Act of ‘‘(2) PUBLIC DEFENDER.—The term ‘public subparagraph (A) shall be merged with other 2007’’. defender’ means an attorney who— sums in such account and shall be available SEC. 2. FINDINGS. ‘‘(A) is continually licensed to practice for the same purposes and period, and sub- The Congress finds as follows: law; and ject to the same limitations, if any, as the (1) While the Nurse Reinvestment Act ‘‘(B) is— sums with which the amount was merged. (Public Law 107–205) helped to increase appli- ‘‘(i) a full-time employee of a State or ‘‘(3) LIMITATIONS.— cations to schools of nursing by 125 percent, local agency or a nonprofit organization op- ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— schools of nursing have been unable to ac- erating under a contract with a State or unit Student loan repayments made by the Attor- commodate the influx of interested students of local government, that provides legal rep- ney General under this section shall be made because they have an insufficient number of resentation to indigent persons in criminal subject to such terms, limitations, or condi- nurse educators. It is estimated that— cases; or tions as may be mutually agreed upon by the (A) in the 2006–2007 school year— ‘‘(ii) employed as a full-time Federal de- borrower and the Attorney General in an (i) 66.6 percent of schools of nursing had fender attorney in a defender organization agreement under paragraph (1), except that from 1 to 18 vacant faculty positions; and established pursuant to subsection (g) of sec- the amount paid by the Attorney General (ii) an additional 16.7 percent of schools of tion 3006A of title 18, United States Code, under this section shall not exceed— nursing needed additional faculty, but that provides legal representation to indi- ‘‘(i) $10,000 for any borrower in any cal- lacked the resources needed to add more po- gent persons in criminal cases. endar year; or sitions; and ‘‘(3) STUDENT LOAN.—The term ‘student ‘‘(ii) an aggregate total of $60,000 in the (B) 41,683 eligible candidates were denied loan’ means— case of any borrower. admission to schools of nursing in 2005, pri- ‘‘(A) a loan made, insured, or guaranteed ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in marily due to an insufficient number of fac- under part B of title IV of the Higher Edu- this section shall authorize the Attorney ulty members. cation Act of 1965 (20 U.S.C. 1071 et seq.); General to pay any amount to reimburse a (2) A growing number of nurses with doc- ‘‘(B) a loan made under part D or E of title borrower for any repayments made by such toral degrees are choosing careers outside of IV of the Higher Education Act of 1965 (20 borrower prior to the date on which the At- education. Over the last few years, 22.5 per- U.S.C. 1087a et seq. and 1087aa et seq.); and torney General entered into an agreement cent of doctoral nursing graduates reported ‘‘(C) a loan made under section 428C or with the borrower under this subsection. seeking employment outside the education 455(g) of the Higher Education Act of 1965 (20 ‘‘(e) ADDITIONAL AGREEMENTS.— profession.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1416 CONGRESSIONAL RECORD — SENATE January 31, 2007 (3) In 2006 the average age of nurse faculty (1)(A) who is enrolled in a graduate program ‘‘(E) Increasing admissions, enrollment, at retirement is 63.1 years. With the average in nursing leading to a doctoral degree or an and retention of qualified individuals who age of doctorally-prepared nurse faculty at equivalent degree; are financially disadvantaged. 54.7 years in 2005, a wave of retirements is ex- ‘‘(C) for more than 3 fiscal years in the ‘‘(F) Increasing enrollment of minority and pected within the next 10 years. case of a student described in paragraph diverse student populations. (4) Master’s and doctoral programs in nurs- (1)(B); or ‘‘(G) Increasing enrollment of new grad- ing are not producing a large enough pool of ‘‘(D) for more than 2 fiscal years in the uate baccalaureate nursing students in grad- potential nurse educators to meet the pro- case of a student described in paragraph uate programs that educate nurse faculty jected demand for nurses over the next 10 (1)(C). members. years. While graduations from master’s and ‘‘(H) Developing post-baccalaureate resi- ‘‘(d) ELIGIBILITY.—For purposes of this sec- doctoral programs in nursing rose by 12.8 dency programs to prepare nurses for prac- tion, the term ‘eligible school of nursing’ percent (or 1,369 graduates) and 13.1 percent tice in specialty areas where nursing short- means a school of nursing that— (or 56 graduates), respectively, in the 2005– ages are most severe. ‘‘(1) is accredited by a nursing accrediting 2006 school year, projections still dem- ‘‘(I) Increasing integration of geriatric agency recognized by the Secretary of Edu- onstrate a shortage of nurse faculty. Given content into the core curriculum. cation; current trends, there will be at least 2,616 un- ‘‘(J) Partnering with economically dis- ‘‘(2) has a passage rate on the National filled faculty positions in 2012. advantaged communities to provide nursing Council Licensure Examination for Reg- (5) According to the February 2004 Monthly education. istered Nurses of not less than 80 percent for Labor Review of the Bureau of Labor Statis- ‘‘(K) Expanding the ability of nurse man- each of the 3 school years preceding submis- tics, more than 1,000,000 new and replace- aged health centers to provide clinical edu- sion of the grant application; and ment nurses will be needed by 2012. cation training sites to nursing students. ‘‘(3) has a graduation rate (based on the ‘‘(5) The school will submit an annual re- SEC. 3. CAPITATION GRANTS TO INCREASE THE number of students in a class who graduate NUMBER OF NURSING FACULTY AND port to the Secretary that includes updated relative to, for a baccalaureate program, the STUDENTS. information on the school with respect to number of students who were enrolled in the (a) GRANTS.—Part D of title VIII of the student enrollment, student retention, grad- class at the beginning of junior year or, for Public Health Service Act (42 U.S.C. 296p) is uation rates, passage rates on the National an associate degree program, the number of amended by adding at the end the following: Council Licensure Examination for Reg- students who were enrolled in the class at istered Nurses, the number of graduates em- ‘‘SEC. 832. CAPITATION GRANTS. the end of the first year) of not less than 80 ployed as nursing faculty or nursing care ‘‘(a) IN GENERAL.—For the purpose de- percent for each of the 3 school years pre- providers within 12 months of graduation, scribed in subsection (b), the Secretary, act- ceding submission of the grant application. ing through the Health Resources and Serv- and the number of students who are accepted ices Administration, shall award a grant ‘‘(e) REQUIREMENTS.—The Secretary may into graduate programs for further nursing each fiscal year in an amount determined in award a grant under this section to an eligi- education. accordance with subsection (c) to each eligible school of nursing only if the school gives ‘‘(6) The school will allow the Secretary to ble school of nursing that submits an appli- assurances satisfactory to the Secretary make on-site inspections, and will comply cation in accordance with this section. that, for each school year for which the with the Secretary’s requests for informa- ‘‘(b) PURPOSE.—A funding agreement for a grant is awarded, the school will comply tion, to determine the extent to which the grant under this section is that the eligible with the following: school is complying with the requirements of school of nursing involved will expend the ‘‘(1) The school will maintain a passage this section. grant to increase the number of nursing fac- rate on the National Council Licensure Ex- ‘‘(f) REPORTS TO CONGRESS.—The Secretary ulty and students at the school, including by amination for Registered Nurses of not less shall evaluate the results of grants under hiring new faculty, retaining current fac- than 80 percent. this section and submit to the Congress— ulty, purchasing educational equipment and ‘‘(2) The school will maintain a graduation ‘‘(1) not later than 18 months after the date audiovisual laboratories, enhancing clinical rate (as described in subsection (d)(3)) of not of the enactment of this section, an interim laboratories, repairing and expanding infra- less than 80 percent. report on such results; and structure, or recruiting students. ‘‘(3)(A) Subject to subparagraphs (B) and ‘‘(2) not later than the end of fiscal year ‘‘(c) GRANT COMPUTATION.— (C), the first-year enrollment of full-time 2010, a final report on such results. ‘‘(1) AMOUNT PER STUDENT.—Subject to nursing students in the school will exceed ‘‘(g) APPLICATION.—To seek a grant under paragraph (2), the amount of a grant to an el- such enrollment for the preceding school this section, a school nursing shall submit igible school of nursing under this section year by 5 percent or 5 students, whichever is an application to the Secretary at such time, for a fiscal year shall be the total of the fol- greater. in such manner, and containing such infor- lowing: ‘‘(B) Subparagraph (A) does not apply to mation and assurances as the Secretary may ‘‘(A) $1,800 for each full-time or part-time the first school year for which a school re- require. student who is enrolled at the school in a ceives a grant under this section. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— graduate program in nursing that— ‘‘(C) With respect to any school year, the ‘‘(1) IN GENERAL.—For the costs of carrying ‘‘(i) leads to a master’s degree, a doctoral Secretary may waive application of subpara- out this section (except the costs described degree, or an equivalent degree; and graph (A) if— in paragraph (2)), there are authorized to be ‘‘(ii) prepares individuals to serve as fac- ‘‘(i) the physical facilities at the school in- appropriated $75,000,000 for fiscal year 2008, ulty through additional course work in edu- volved limit the school from enrolling addi- $85,000,000 for fiscal year 2009, and $95,000,000 cation and ensuring competency in an ad- tional students; or for fiscal year 2010. vanced practice area. ‘‘(ii) the school has increased enrollment in ‘‘(2) ADMINISTRATIVE COSTS.—For the costs ‘‘(B) $1,405 for each full-time or part-time the school (as described in subparagraph (A)) of administering this section, including the student who— for each of the 2 preceding school years. costs of evaluating the results of grants and ‘‘(i) is enrolled at the school in a program ‘‘(4) Not later than 1 year after receipt of submitting reports to the Congress, there are in nursing leading to a bachelor of science the grant, the school will formulate and im- authorized to be appropriated such sums as degree, a bachelor of nursing degree, a grad- plement a plan to accomplish at least 2 of may be necessary for each of fiscal years uate degree in nursing if such program does the following: 2008, 2009, and 2010.’’. not meet the requirements of subparagraph ‘‘(A) Establishing or significantly expand- (b) GAO STUDY.— (A), or an equivalent degree; and ing an accelerated baccalaureate degree (1) IN GENERAL.—Not later than 1 year after ‘‘(ii) has not more than 3 years of academic nursing program designed to graduate new the date of the enactment of this Act, the credits remaining in the program. nurses in 12 to 18 months. Comptroller General of the United States ‘‘(C) $966 for each full-time or part-time ‘‘(B) Establishing cooperative shall conduct a study and submit a report to student who is enrolled at the school in a intradisciplinary education among schools of the Congress on ways to increase participa- program in nursing leading to an associate nursing with a view toward shared use of tion in the nurse faculty profession. degree in nursing or an equivalent degree. technological resources, including informa- (2) CONTENTS OF REPORT.—The report re- ‘‘(2) LIMITATION.—In calculating the tion technology. quired by paragraph (1) shall include the fol- amount of a grant to a school under para- ‘‘(C) Establishing cooperative interdiscipli- lowing: graph (1), the Secretary may not make a nary training between schools of nursing and (A) A discussion of the master’s degree and payment with respect to a particular stu- schools of allied health, medicine, dentistry, doctoral degree programs that are successful dent— osteopathy, optometry, podiatry, pharmacy, in placing graduates as faculty in schools of ‘‘(A) for more than 2 fiscal years in the public health, or veterinary medicine, in- nursing. case of a student described in paragraph cluding training for the use of the inter- (B) An examination of compensation dis- (1)(A) who is enrolled in a graduate program disciplinary team approach to the delivery of parities throughout the nursing profession in nursing leading to a master’s degree or an health services. and compensation disparities between higher equivalent degree; ‘‘(D) Integrating core competencies on evi- education instructional faculty generally ‘‘(B) for more than 4 fiscal years in the dence-based practice, quality improvements, and higher education instructional nursing case of a student described in paragraph and patient-centered care. faculty.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1417 By Mr. FEINGOLD: penalty, more and more provisions more reasons we have to oppose it. For S. 447. A bill to abolish the dealth seem to be added every year. While the example, the Maryland study—released penalty under Federal law; to the Com- use of and confidence in the death pen- in January 2003—contained findings mittee on the Judiciary. alty is decreasing overall, the Federal that should startle us all. The study Mr. FEINGOLD. Mr. President, today Government has been going in the op- found that blacks accused of killing I am introducing the Federal Death posite direction, making more defend- whites are more likely to receive a Penalty Abolition Act of 2007. This bill ants eligible for capital punishment death sentence than blacks who kill would abolish the death penalty at the and increasing the size of its Federal blacks, or than white killers. Accord- Federal level. It would put an imme- death row. Moreover, there are now six ing to the report, black offenders who diate halt to executions and forbid the individuals on Federal death row from kill whites are four times as likely to imposition of the death penalty as a States that do not have capital punish- be sentenced to death as blacks who sentence for violations of Federal law. ment. The Federal Government is pull- kill blacks, and twice as likely to get a Since 1976, when the death penalty ing in the wrong direction as the rest death sentence as whites who kill was reinstated by the Supreme Court, of the Nation moves toward a more whites. there have been 1,060 executions across just system. The Maryland and Illinois studies the country, including three at the On this very day eight years ago, cannot be brushed aside as atypical or Federal level. During that same time Governor George Ryan took the his- dismissed as revealing state-specific period, 123 people on death row have toric step of placing a moratorium on anomalies in an otherwise perfect sys- been exonerated and released from executions in Illinois and creating an tem. Years of study have shown that death row. These people never should independent, blue ribbon commission the death penalty does little to deter have been convicted in the first place. to review the State’s death penalty crime, and that defendants’ likelihood Consider those numbers. One thou- system. The Commission conducted an of being sentenced to death depends sand and sixty executions, and one extensive study of the death penalty in heavily on illegitimate factors such as hundred and twenty-three exonerations Illinois and released a report with 85 whether they are rich or poor. Since rein the modern death penalty era. Had recommendations for reform of the instatement of the modern death pen- death penalty system. The Commission those exonerations not taken place, alty, 80 percent of murder victims in concluded that the death penalty sys- had those 123 people been executed, cases where death sentences were hand- tem is not fair, and that the risk of those executions would have rep- ed down were white, even though only executing the innocent is alarmingly resented an error rate of greater than 50 percent of murder victims are white. real. Governor Ryan later pardoned 10 percent. That is more than an em- Nationwide, more than half of the four death row inmates and commuted barrassing statistic; it is a horrifying death row inmates are African Ameri- the sentences of all remaining Illinois one, one that should have us all ques- cans or Hispanic Americans. There is death row inmates to life in prison be- tioning the use of capital punishment evidence of racial disparities, inad- in this country. In fact, since 1999 when fore he left office in January 2003. Illinois is not alone. Seven years ago, equate counsel, prosecutorial mis- I first introduced this bill, 46 death row then Maryland Governor Parris conduct, and false scientific evidence inmates have been exonerated through- Glendening learned of suspected racial in death penalty systems across the out the country. disparities in the administration of the country. In the face of these numbers, the na- death penalty in Maryland. Governor At least Maryland, Illinois, North tional debate on the death penalty has Glendening did not look the other way. Carolina, and California have begun intensified. For the second year in a He commissioned the University of the process of investigating the flaws row, the number of executions, the Maryland to conduct the most exhaus- in their own systems. But there are 36 number of death sentences imposed, tive study of Maryland’s application of other States that have death penalty and the size of the death row popu- the death penalty in history. Then provisions in their laws, 36 other lation have decreased as a growing faced with the rapid approach of a States with systems that are most number of voices have joined to express scheduled execution, Governor likely plagued with the same flaws. doubt about the use of capital punish- Glendening acknowledged that it was And these systems come at great addi- ment in America. The voices of those unacceptable to allow executions to tional cost to the taxpayers. For exam- questioning the fairness of the death take place while the study he had or- ple, a 2005 report found that Califor- penalty have been heard from college dered was not yet complete. So, in May nia’s death penalty system costs tax- campuses and courtrooms and podiums 2002, he placed a moratorium on execu- payers $114 million in additional costs across the Nation, to the Senate Judi- tions. Although Governor Bob Ehrlich each year. Similar reports detailing ciary Committee hearing room, to the lifted that moratorium and allowed the extraordinary financial costs of the United States Supreme Court. The executions to resume during his ten- death penalty have been generated for American public understands that the ure, Governor Martin O’Malley has in- States across the Nation. death penalty raises serious and com- dicated that he would approve a legis- Moreover, there are growing concerns plex issues. The death penalty can no lative repeal of the death penalty and about the most common method of exe- longer be exploited for political pur- that he, like the majority in this coun- cution, lethal injection. These concerns poses. In fact, for the first time, a May try, favors life without parole. are so grave that eight States and the 2006 Gallup Poll reported that more Other States also have taken impor- Federal system all halted individual Americans prefer a sentence of life tant steps. New York’s death penalty executions in 2006 to work through without parole over the death penalty was overturned by a court decision in these problems. And these numbers are when given a choice. If anything, the 2004 and has not been reinstated by the growing. Just this last week, execu- political consensus is that it is time for legislature, and New Jersey enacted a tions in North Carolina were halted be- a change. We must not ignore these moratorium in 2006. Along with New cause of challenges to lethal injection. voices. York and New Jersey, four other States More and more research is emerging In the wake of the Supreme Court’s that still have the death penalty tech- that suggests that lethal injections are decision in 1976 to allow capital punish- nically on their books have not exe- unnecessarily painful and cruel, and ment, the Federal Government first re- cuted any individuals since 1976. In ad- that this method of capital punish- sumed death penalty prosecutions after dition, there are 12 States, plus the ment—however sanitary or humane it enactment of a 1988 Federal law that District of Columbia, whose laws do may appear—is no less barbaric than provided for the death penalty for mur- not provide for capital punishment at the more antiquated methods lethal in- der in the course of a drug-kingpin con- all. And following in the footsteps of Il- jection was designed to replace, such as spiracy. The Federal death penalty was linois and Maryland, North Carolina the noose or the firing squad, no less then expanded significantly in 1994, and California both began legislative horrific than the electric chair or the when the omnibus crime bill expanded studies of their own capital punish- gas chamber. its use to a total of some 60 Federal of- ment systems this past year. Nothing is more barbaric, of course, fenses. And despite my best efforts to The more we learn about the death than the execution of an innocent per- halt the expansion of the Federal death penalty through studies like those, the son, and it is clearer than ever that the

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1418 CONGRESSIONAL RECORD — SENATE January 31, 2007 risk is very real. Already, information wrong and it is immoral. The adage (C) in section 245(b), by striking ‘‘, or may has surfaced that suggests that two ‘‘two wrongs do not make a right,’’ ap- be sentenced to death’’; and men put to death in the 1990s may have plies here in the most fundamental (D) in section 247(d)(1), by striking ‘‘, or been innocent. This is a chilling pros- way. Our Nation has long ago done may be sentenced to death’’. (7) MURDER OF A MEMBER OF CONGRESS, AN away with other barbaric punishments pect, one that illustrates the very IMPORTANT EXECUTIVE OFFICIAL, ORASU- grave danger in imposing the death like whipping and cutting off the ears PREME COURT JUSTICE.—Section 351 of title penalty. The loss of just one innocent of criminals. Just we did away with 18, United States Code, is amended— life through capital punishment should these punishments as contrary to our (A) in subsection (b)— be enough to force all of us to stop and humanity and ideals, it is time to abol- (i) by striking ‘‘(1)’’; and reconsider this penalty. ish the death penalty as we seek to (ii) by striking ‘‘, or (2) by death’’ and all And while we examine the flaws in spread peace and justice both here and that follows through the end of the sub- our death penalty system, we cannot overseas. It is not just a matter of mo- section and inserting a period; and rality. The continued viability of our (B) in subsection (d)— help but note that our use of the death (i) by striking ‘‘(1)’’; and penalty stands in stark contrast to the criminal justice system as a truly just (ii) by striking ‘‘, or (2) by death’’ and all majority of nations, which have abol- system that deserves the respect of our that follows through the end of the sub- ished the death penalty in law or prac- own people and the world requires that section and inserting a period. tice. There are now 123 countries that we do so. Our Nation’s goal to remain (8) DEATH RESULTING FROM OFFENSES IN- have done so. In 2005, only China, Iran, the world’s leading defender of free- VOLVING TRANSPORTATION OF EXPLOSIVES, DE- and Saudi Arabia executed more people dom, liberty and equality demands STRUCTION OF GOVERNMENT PROPERTY, OR DE- STRUCTION OF PROPERTY RELATED TO FOREIGN than we did. These countries, and oth- that we do so. Abolishing the death penalty will not OR INTERSTATE COMMERCE.—Section 844 of ers on the list of nations that actively title 18, United States Code, is amended— use capital punishment, are countries be an easy task. It will take patience, (A) in subsection (d), by striking ‘‘or to the that we often criticize for human persistence, and courage. As we work death penalty’’; rights abuses. The European Union de- to move forward in a rapidly changing (B) in subsection (f)(3), by striking ‘‘sub- nies membership in the alliance to world, let us leave this archaic practice ject to the death penalty, or’’; those nations that use the death pen- behind. (C) in subsection (i), by striking ‘‘or to the alty. In fact, it passed a resolution I ask my colleagues to join me in death penalty’’; and taking the first step in abolishing the (D) in subsection (n), by striking ‘‘(other calling for the immediate and uncondi- than the penalty of death)’’. tional global abolition of the death death penalty in our great Nation. I also call on each State that authorizes (9) MURDER COMMITTED BY USE OF A FIRE- penalty, and it specifically called on ARM OR ARMOR PIERCING AMMUNITION DURING the use of the death penalty to cease all States within the United States to COMMISSION OF A CRIME OF VIOLENCE OR A this practice. Let us together reject vi- abolish the death penalty. This is sig- DRUG TRAFFICKING CRIME.—Section 924 of olence and restore fairness and integ- nificant because it reflects the unani- title 18, United States Code, is amended— rity to our criminal justice system. mous view of a group of nations with (A) in subsection (c)(5)(B)(i), by striking I ask unanimous consent that the ‘‘punished by death or’’; and which the United States enjoys close text of the bill be printed in the (B) in subsection (j)(1), by striking ‘‘by relationships and shares common val- RECORD. death or’’. ues. We should join with them and with There being no objection, the text of (10) GENOCIDE.—Section 1091(b)(1) of title the over 100 other nations that have re- the bill was ordered to be printed in 18, United States Code, is amended by striking ‘‘death or’’. nounced this practice. the RECORD, as follows: We are a Nation that prides itself on (11) FIRST DEGREE MURDER.—Section 1111(b) S. 447 the fundamental principles of justice, of title 18, United States Code, is amended by Be it enacted by the Senate and House of Rep- liberty, equality and due process. We striking ‘‘by death or’’. resentatives of the United States of America in (12) MURDER BY A FEDERAL PRISONER.—Sec- are a Nation that scrutinizes the Congress assembled, tion 1118 of title 18, United States Code, is human rights records of other nations. SECTION 1. SHORT TITLE. amended— Historically, we are one of the first Na- This Act may be cited as the ‘‘Federal (A) in subsection (a), by striking ‘‘by death tions to speak out against torture and Death Penalty Abolition Act of 2007’’. or’’; and killings by foreign governments. We SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING (B) in subsection (b), in the third undesig- should hold our own system of justice FOR THE DEATH PENALTY. nated paragraph— (a) HOMICIDE-RELATED OFFENSES.— to the highest standard. (i) by inserting ‘‘or’’ before ‘‘an indetermi- (1) MURDER RELATED TO THE SMUGGLING OF As a matter of justice, this is an nate’’; and ALIENS.—Section 274(a)(1)(B)(iv) of the Immi- (ii) by striking ‘‘, or an unexecuted sen- issue that transcends political alle- gration and Nationality Act (8 U.S.C. tence of death’’. giances. A range of prominent voices in 1324(a)(1)(B)(iv)) is amended by striking (13) MURDER OF A STATE OR LOCAL LAW EN- our country are raising serious ques- ‘‘punished by death or’’. FORCEMENT OFFICIAL OR OTHER PERSON AIDING tions about the death penalty, and (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI- IN A FEDERAL INVESTIGATION; MURDER OF A they are not just voices of liberals, or CLES, OR RELATED FACILITIES RESULTING IN STATE CORRECTIONAL OFFICER.—Section 1121 of the faith community. They are the DEATH.—Section 34 of title 18, United States of title 18, United States Code, is amended— voices of former FBI Director William Code, is amended by striking ‘‘to the death (A) in subsection (a), by striking ‘‘by sen- penalty or’’. tence of death or’’; and Sessions, former Justice Sandra Day (3) MURDER COMMITTED DURING A DRUG-RE- (B) in subsection (b)(1), by striking ‘‘or O’Connor, Reverend Pat Robertson, LATED DRIVE-BY SHOOTING.—Section death’’. George Will, former Mississippi warden 36(b)(2)(A) of title 18, United States Code, is (14) MURDER DURING A KIDNAPING.—Section Donald Cabana, the Republican former amended by striking ‘‘death or’’. 1201(a) of title 18, United States Code, is Governor of Illinois, George Ryan, and (4) MURDER COMMITTED AT AN AIRPORT amended by striking ‘‘death or’’. the Democratic former Governor of SERVING INTERNATIONAL CIVIL AVIATION.—Sec- (15) MURDER DURING A HOSTAGE-TAKING.— Maryland, Parris Glendening. The tion 37(a) of title 18, United States Code, is Section 1203(a) of title 18, United States voices of those questioning our applica- amended, in the matter following paragraph Code, is amended by striking ‘‘death or’’. (2), by striking ‘‘punished by death or’’. (16) MURDER WITH THE INTENT OF PRE- tion of the death penalty are growing (5) MURDER COMMITTED USING CHEMICAL VENTING TESTIMONY BY A WITNESS, VICTIM, OR in number, they are growing louder, WEAPONS.—Section 229A(a)(2) of title 18, INFORMANT.—Section 1512(a)(2)(A) of title 18, and they are reflected in some of the United States Code, is amended— United States Code, is amended by striking decisions of the highest court of the (A) in the paragraph heading, by striking ‘‘the death penalty or’’. land. In recent years, the Supreme ‘‘DEATH PENALTY’’ and inserting ‘‘CAUSING (17) MAILING OF INJURIOUS ARTICLES WITH Court has held that the execution of ju- DEATH’’; and INTENT TO KILL OR RESULTING IN DEATH.—Sec- venile offenders and the mentally re- (B) by striking ‘‘punished by death or’’. tion 1716(j)(3) of title 18, United States Code, tarded is unconstitutional. (6) CIVIL RIGHTS OFFENSES RESULTING IN is amended by striking ‘‘to the death penalty As we begin a new year and a new DEATH.—Chapter 13 of title 18, United States or’’. Code, is amended— (18) ASSASSINATION OR KIDNAPING RESULT- Congress, I believe the continued use of (A) in section 241, by striking ‘‘, or may be ING IN THE DEATH OF THE PRESIDENT OR VICE the death penalty in the United States sentenced to death’’; PRESIDENT.—Section 1751 of title 18, United is beneath us. The death penalty is at (B) in section 242, by striking ‘‘, or may be States Code, is amended— odds with our best traditions. It is sentenced to death’’; (A) in subsection (b)—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1419 (i) by striking ‘‘(1)’’; and (B) in subsection (b), by striking ‘‘, and if that follows and inserting ‘‘be punished as a (ii) by striking ‘‘, or (2) by death’’ and all death results shall be punished by death’’ court-martial may direct.’’. that follows through the end of the sub- and all that follows through the end of the (I) AIDING THE ENEMY.—Section 904 of title section and inserting a period; and subsection and inserting a period. 10, United States Code (article 104), is (B) in subsection (d)— (34) MURDER BY ACT OF TERRORISM TRAN- amended by striking ‘‘suffer death or such (i) by striking ‘‘(1)’’; and SCENDING NATIONAL BOUNDARIES.—Section other punishment as a court-martial or mili- (ii) by striking ‘‘, or (2) by death’’ and all 2332b(c)(1)(A) of title 18, United States Code, tary commission may direct’’ and inserting that follows through the end of the sub- is amended by striking ‘‘by death, or’’. ‘‘be punished as a court-martial or military section and inserting a period. (35) MURDER INVOLVING TORTURE.—Section commission may direct’’. (19) MURDER FOR HIRE.—Section 1958(a) of 2340A(a) of title 18, United States Code, is (J) SPIES.—Section 906 of title 10, United title 18, United States Code, is amended by amended by striking ‘‘punished by death or’’. States Code (article 106), is amended by striking ‘‘death or’’. (36) MURDER INVOLVING A WAR CRIME.—Sec- striking ‘‘by death’’ and inserting ‘‘by im- (20) MURDER INVOLVED IN A RACKETEERING tion 2441(a) of title 18, United States Code, is prisonment for life’’. OFFENSE.—Section 1959(a)(1) of title 18, amended by striking ‘‘, and if death results (K) ESPIONAGE.—Section 906a of title 10, United States Code, is amended by striking to the victim, shall also be subject to the United States Code (article 106a), is amend- ‘‘death or’’. penalty of death’’. ed— (21) WILLFUL WRECKING OF A TRAIN RESULT- (37) MURDER RELATED TO A CONTINUING (i) by striking subsections (b) and (c); ING IN DEATH.—Section 1992 of title 18, United CRIMINAL ENTERPRISE OR RELATED MURDER OF (ii) by redesignating paragraphs (2) and (3) States Code, is amended— A FEDERAL, STATE, OR LOCAL LAW ENFORCE- of subsection (a) as subsections (b) and (c), (A) in subsection (a), in the matter fol- MENT OFFICER.—Section 408(e) of the Con- respectively; lowing paragraph (10), by striking ‘‘or sub- trolled Substances Act (21 U.S.C. 848(e)) is (iii) in subsection (a)— ject to death,’’; and amended— (I) by striking ‘‘(1)’’; (B) in subsection (b), in the matter fol- (A) in the subsection heading, by striking (II) by striking ‘‘paragraph (2)’’ and insert- lowing paragraph (3), by striking ‘‘, and if ‘‘DEATH PENALTY’’ and inserting ‘‘INTEN- ing ‘‘subsection (b)’’; the offense resulted in the death of any per- TIONAL KILLING’’; and (III) by striking ‘‘paragraph (3)’’ and in- son, the person may be sentenced to death’’. (B) in paragraph (1)— serting ‘‘subsection (c)’’; and (22) BANK ROBBERY-RELATED MURDER OR (i) subparagraph (A), by striking ‘‘, or may (IV) by striking ‘‘as a court-martial may KIDNAPING.—Section 2113(e) of title 18, United be sentenced to death’’; and direct,’’ and all that follows and inserting States Code, is amended by striking ‘‘death (ii) in subparagraph (B), by striking ‘‘, or ‘‘as a court-martial may direct.’’; or’’. may be sentenced to death’’. (iv) in subsection (b), as so redesignated— (23) MURDER RELATED TO A CARJACKING.— (38) DEATH RESULTING FROM AIRCRAFT HI- (I) by striking ‘‘paragraph (1)’’ and insert- Section 2119(3) of title 18, United States JACKING.—Section 46502 of title 49, United ing ‘‘subsection (a)’’; and Code, is amended by striking ‘‘, or sentenced States Code, is amended— (II) by redesignating subparagraphs (A), to death’’. (A) in subsection (a)(2)(B), by striking ‘‘put (B), and (C) as paragraphs (1), (2), and (3), re- (24) MURDER RELATED TO AGGRAVATED CHILD to death or’’; and spectively; and SEXUAL ABUSE.—Section 2241(c) of title 18, (B) in subsection (b)(1)(B), by striking ‘‘put (v) in subsection (c), as so redesignated, by United States Code, is amended by striking to death or’’. striking ‘‘paragraph (1)’’ and inserting ‘‘sub- ‘‘unless the death penalty is imposed,’’. (b) NON-HOMICIDE RELATED OFFENSES.— section (a)’’. (25) MURDER RELATED TO SEXUAL ABUSE.— (1) ESPIONAGE.—Section 794(a) of title 18, (L) IMPROPER HAZARDING OF VESSEL.—The Section 2245 of title 18, United States Code, United States Code, is amended by striking text of section 910 of title 10, United States is amended by striking ‘‘punished by death ‘‘punished by death or’’ and all that follows Code (article 110), is amended to read as fol- or’’. before the period and inserting ‘‘imprisoned lows: (26) MURDER RELATED TO SEXUAL EXPLOI- for any term of years or for life’’. ‘‘Any person subject to this chapter who TATION OF CHILDREN.—Section 2251(e) of title (2) TREASON.—Section 2381 of title 18, willfully and wrongfully, or negligently, haz- 18, United States Code, is amended by strik- United States Code, is amended by striking ards or suffers to be hazarded any vessel of ing ‘‘punished by death or’’. ‘‘shall suffer death, or’’. the Armed Forces shall be punished as a (27) MURDER COMMITTED DURING AN OFFENSE (c) TITLE 10.— court-martial may direct.’’. AGAINST MARITIME NAVIGATION.—Section (1) OFFENSES.— (M) MISBEHAVIOR OF SENTINEL.—Section 913 2280(a)(1) of title 18, United States Code, is (A) CONSPIRACY.—Section 881(b) of title 10, of title 10, United States Code (article 113), is amended by striking ‘‘punished by death or’’. United States Code (article 81(b) of the Uni- amended by striking ‘‘, if the offense is com- (28) MURDER COMMITTED DURING AN OFFENSE form Code of Military Justice), is amended mitted in time of war’’ and all that follows AGAINST A MARITIME FIXED PLATFORM.—Sec- by striking ‘‘, if death results’’ and all that and inserting ‘‘as a court-martial may dition 2281(a)(1) of title 18, United States Code, follows through the end and inserting ‘‘as a rect.’’. is amended by striking ‘‘punished by death court-martial or military commission may (N) MURDER.—Section 918 of title 10, or’’. direct.’’. United States Code (article 118), is amended (29) MURDER USING DEVICES OR DANGEROUS (B) DESERTION.—Section 885(c) of title 10, by striking ‘‘death or imprisonment for life SUBSTANCES IN WATERS OF THE UNITED United States Code (article 85(c)), is amend- as a court-martial may direct’’ and inserting STATES.—Section 2282A of title 18, United ed by striking ‘‘, if the offense is committed ‘‘imprisonment for life’’. States Code, is amended— in time of war’’ and all that follows through (O) DEATH OR INJURY OF AN UNBORN CHILD.— (A) by striking subsection (b); and the end and inserting ‘‘as a court-martial Section 919a(a) of title 10, United States (B) by redesignating subsections (c) and (d) may direct.’’. Code, is amended— as subsections (b) and (c), respectively. (C) ASSAULTING OR WILLFULLY DISOBEYING (i) in paragraph (1), by striking ‘‘, other (30) MURDER INVOLVING THE TRANSPOR- SUPERIOR COMMISSIONED OFFICER.—Section than death,’’; and TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, 890 of title 10, United States Code (article 90), (ii) by striking paragraph (4). OR RADIOACTIVE OR NUCLEAR MATERIALS.— is amended by striking ‘‘, if the offense is (P) RAPE.—Section 920(a) of title 10, United Section 2283 of title 18, United States Code, committed in time of war’’ and all that fol- States Code (article 120(a)), is amended by is amended— lows and inserting ‘‘as a court-martial may striking ‘‘by death or such other punish- (A) by striking subsection (b); and direct.’’. ment’’. (B) by redesignating subsection (c) as sub- (D) MUTINY OR SEDITION.—Section 894(b) of (Q) CRIMES TRIABLE BY MILITARY COMMIS- section (b). title 10, United States Code (article 94(b)), is SION.—Section 950v(b) of title 10, United (31) MURDER INVOLVING THE DESTRUCTION OF amended by striking ‘‘by death or such other States Code, is amended— VESSEL OR MARITIME FACILITY.—Section punishment’’. (i) in paragraph (1), by striking ‘‘by death 2291(d) of title 18, United States Code, is (E) MISBEHAVIOR BEFORE THE ENEMY.—Sec- or such other punishment’’; amended by striking ‘‘to the death penalty tion 899 of title 10, United States Code (arti- (ii) in paragraph (2), by striking ‘‘, if death or’’. cle 99), is amended by striking ‘‘by death or results’’ and all that follows and inserting (32) MURDER OF A UNITED STATES NATIONAL such other punishment’’. ‘‘as a military commission under this chap- IN ANOTHER COUNTRY.—Section 2332(a)(1) of (F) SUBORDINATE COMPELLING SURRENDER.— ter may direct.’’; title 18, United States Code, is amended by Section 900 of title 10, United States Code (iii) in paragraph (7), by striking ‘‘, if death striking ‘‘death or’’. (article 100), is amended by striking ‘‘by results’’ and all that follows and inserting (33) MURDER BY THE USE OF A WEAPON OF death or such other punishment’’. ‘‘as a military commission under this chap- MASS DESTRUCTION.—Section 2332a of title 18, (G) IMPROPER USE OF COUNTERSIGN.—Sec- ter may direct.’’; United States Code, is amended— tion 901 of title 10, United States Code (arti- (iv) in paragraph (8), by striking ‘‘, if death (A) in subsection (a), in the matter fol- cle 101), is amended by striking ‘‘by death or results’’ and all that follows and inserting lowing paragraph (4), by striking ‘‘, and if such other punishment’’. ‘‘as a military commission under this chap- death results shall be punished by death’’ (H) FORCING A SAFEGUARD.—Section 902 of ter may direct.’’; and all that follows through the end of the title 10, United States Code (article 102), is (v) in paragraph (9), by striking ‘‘, if death subsection and inserting a period; and amended by striking ‘‘suffer death’’ and all results’’ and all that follows and inserting

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PEALS.—Section 866(b) of title 10, United chapter may direct.’’; ‘‘(B) Murder. States Code (article 66(b)), is amended— ‘‘(C) Rape. (viii) in paragraph (13)(A), by striking ‘‘, if (i) in the matter preceding paragraph (1), ‘‘(D) A violation of section 881 of this title death results’’ and all that follows and in- by inserting ‘‘in which’’ after ‘‘court-mar- (article 81) that results in death to one or serting ‘‘as a military commission under this tial’’; more of the victims. chapter may direct.’’; (ii) in paragraph (1), by striking ‘‘in which ‘‘(E) Desertion or attempt to desert in time the sentence, as approved, extends to death,’’ (ix) in paragraph (14), by striking ‘‘, if of war. death results’’ and all that follows and in- and inserting ‘‘the sentence, as approved, ex- ‘‘(F) A violation of section 890 of this title tends to’’; and serting ‘‘as a military commission under this (article 90) committed in time of war. chapter may direct.’’; (iii) in paragraph (2), by striking ‘‘except ‘‘(G) Attempted mutiny, mutiny, sedition, in the case of a sentence extending to (x) in paragraph (15), by striking ‘‘by death or failure to suppress or report a mutiny or death,’’. or such other punishment’’; sedition. (Q) REVIEW BY COURT OF APPEALS FOR THE (xi) in paragraph (17), by striking ‘‘, if ‘‘(H) A violation of section 899 of this title ARMED FORCES.—Section 867(a) of title 10, death results’’ and all that follows and in- (article 99). United States Code (article 67(a)), is amend- serting ‘‘as a military commission under this ‘‘(I) A violation of section 900 of this title ed— chapter may direct.’’; (article 100). (i) by striking paragraph (1); and (xii) in paragraph (23), by striking ‘‘, if ‘‘(J) A violation of section 901 of this title (ii) by redesignating paragraphs (2) and (3) death results’’ and all that follows and in- (article 101). as paragraphs (1) and (2), respectively. serting ‘‘as a military commission under this ‘‘(K) A violation of section 902 of this title (R) EXECUTION OF SENTENCE.—Section 871 of chapter may direct.’’; (article 102). (xiii) in paragraph (24), by striking ‘‘, if ‘‘(L) A violation of section 904 of this title title 10, United States Code (article 71), is death results’’ and all that follows and in- (article 104). amended— serting ‘‘as a military commission under this ‘‘(M) A violation of section 906 of this title (i) by striking subsection (a); chapter may direct.’’; (article 106). (ii) by redesignating subsection (b) as sub- (xiv) in paragraph (27), by striking ‘‘by ‘‘(N) A violation of section 906a of this title section (a); death or such other punishment’’; and (article 106a). (iii) by striking subsection (c) and insert- (xv) in paragraph (28), by striking ‘‘, if ‘‘(O) A violation of section 910 of this title ing the following: ‘‘(b)(1) If a sentence extends to dismissal or death results’’ and all that follows and in- (article 110) in which the person subject to a dishonorable or bad conduct discharge and serting ‘‘as a military commission under this this chapter willfully and wrongfully haz- if the right of the accused to appellate re- chapter may direct.’’. arded or suffered to be hazarded any vessel of view is not waived, and an appeal is not (2) JURISDICTIONAL AND PROCEDURAL MAT- the Armed Forces. withdrawn, under section 861 of this title (ar- TERS.— ‘‘(P) A violation of section 913 of this title ticle 61), that part of the sentence extending (A) DISMISSED OFFICER’S RIGHT TO TRIAL BY (article 113) committed in time of war.’’. to dismissal or a dishonorable or bad conduct COURT-MARTIAL.—Section 804(a) of title 10, (I) PLEAS OF ACCUSED.—Section 845(b) of discharge may not be executed until there is United States Code (article 4(a) of the Uni- title 10, United States Code (article 45(b)), is a final judgment as to the legality of the form Code of Military Justice), is amended amended— proceedings (and with respect to dismissal, by striking ‘‘or death’’. (i) by striking the first sentence; and approval under subsection (a)). A judgment (B) COURTS-MARTIAL CLASSIFIED.—Section (ii) by striking ‘‘With respect to any other as to legality of the proceedings is final in 816(1)(A) of title 10, United States Code (arti- charge’’ and inserting ‘‘With respect to any such cases when review is completed by a cle 10(1)(A)), is amended by striking ‘‘or, in a charge’’. Court of Criminal Appeals and— case in which the accused may be sentenced (J) DEPOSITIONS.—Section 849 of title 10, ‘‘(A) the time for the accused to file a peti- to a penalty of death’’ and all that follows United States Code (article 49), is amended— tion for review by the Court of Appeals for through ‘‘(article 25a)’’. (i) in subsection (d), by striking ‘‘in any the Armed Forces has expired and the ac- (C) JURISDICTION OF GENERAL COURTS-MAR- case not capital’’; and cused has not filed a timely petition for such TIAL.—Section 818 of title 10, United States (ii) by striking subsections (e) and (f). review and the case is not otherwise under Code (article 18), is amended— (K) ADMISSIBILITY OF RECORDS OF COURTS OF review by that Court; (i) in the first sentence by striking ‘‘in- INQUIRY.—Section 850 of title 10, United ‘‘(B) such a petition is rejected by the cluding the penalty of death when specifi- States Code (article 50), is amended— Court of Appeals for the Armed Forces; or cally authorized by this chapter’’ and insert- (i) in subsection (a), by striking ‘‘not cap- ‘‘(C) review is completed in accordance ing ‘‘except death’’; and ital and’’; and with the judgment of the Court of Appeals (ii) by striking the third sentence. (ii) in subsection (b), by striking ‘‘capital for the Armed Forces and— (D) JURISDICTION OF SPECIAL COURTS-MAR- cases or’’. ‘‘(i) a petition for a writ of certiorari is not TIAL.—Section 819 of title 10, United States (L) NUMBER OF VOTES REQUIRED FOR CONVIC- filed within the time limits prescribed by the Code (article 19), is amended in the first sen- TION AND SENTENCING BY COURT-MARTIAL.— Supreme Court; tence by striking ‘‘for any noncapital of- Section 852 of title 10, United States Code ‘‘(ii) such a petition is rejected by the Su- fense’’ and all that follows and inserting ‘‘for (article 52), is amended— preme Court; or any offense made punishable by this chap- (i) in subsection (a)— ‘‘(iii) review is otherwise completed in ac- ter.’’. (I) by striking paragraph (1); cordance with the judgment of the Supreme (E) JURISDICTION OF SUMMARY COURTS-MAR- (II) by redesignating paragraph (2) as sub- Court. TIAL.—Section 820 of title 10, United States section (a); and ‘‘(2) If a sentence extends to dismissal or a Code (article 20), is amended in the first sen- (III) by striking ‘‘any other offense’’ and dishonorable or bad conduct discharge and if tence by striking ‘‘noncapital’’. inserting ‘‘any offense’’; and the right of the accused to appellate review (F) NUMBER OF MEMBERS IN CAPITAL (ii) in subsection (b)— is waived, or an appeal is withdrawn, under CASES.— (I) by striking paragraph (1); and section 861 of this title (article 61), that part (i) IN GENERAL.—Section 825a of title 10, (II) by redesignating paragraphs (2) and (3) of the sentence extending to dismissal or a United States Code (article 25a), is repealed. as paragraphs (1) and (2), respectively. bad conduct or dishonorable discharge may (ii) CLERICAL AMENDMENT.—The table of (M) RECORD OF TRIAL.—Section 854(c)(1)(A) not be executed until review of the case by a sections at the beginning of subchapter V of of title 10, United States Code (article judge advocate (and any action on that re- chapter 47 of title 10, United States Code, is 54(c)(1)(A)), is amended by striking ‘‘death,’’. view) under section 864 of this title (article amended by striking the item relating to (N) FORFEITURE OF PAY AND ALLOWANCES 64) is completed. Any other part of a court- section 825a (article 25a). DURING CONFINEMENT.—Section 858b(a)(2)(A) martial sentence may be ordered executed by (G) ABSENT AND ADDITIONAL MEMBERS.— of title 10, United States Code (article the convening authority or other person act- Section 829(b)(2) of title 10, United States 58b(a)(2)(A)), is amended by striking ‘‘or ing on the case under section 860 of this title Code (article 29(b)(2)), is amended by striking death’’. (article 60) when approved by him under that ‘‘or, in a case in which the death penalty (O) WAIVER OR WITHDRAWAL OF APPEAL.— section.’’; may be adjudged’’ and all that follows and Section 861 of title 10, United States Code (iv) by redesignating subsection (d) as sub- inserting a period. (article 61), is amended— section (c); and (H) STATUTE OF LIMITATIONS.—Subsection (i) in subsection (a), by striking ‘‘except a (v) in subsection (c), as so redesignated, by (a) of section 843 of title 10, United States case in which the sentence as approved under striking ‘‘, except a sentence of death’’.

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(S) GENERAL ARTICLE.—Section 934 of title ‘‘§ 3281. Offenses with no period of limitations ‘‘(35) A violation of section 2340A(a) of this 10, United States Code (article 134), is ‘‘An indictment may be found at any time title that results in the death of any person. amended by striking ‘‘crimes and offenses without limitation for the following of- ‘‘(36) A violation of section 2381 of this not capital’’ and inserting ‘‘crimes and offenses: title. fenses’’ ‘‘(1) A violation of section 274(a)(1)(A) of ‘‘(37) A violation of section 2441(a) of this (T) JURISDICTION OF MILITARY COMMIS- the Immigration and Nationality Act (8 title that results in the death of the victim. SIONS.—Section 948d(d) of title 10, United U.S.C. 1324(a)(1)(A)) resulting in the death of ‘‘(38) A violation of section 408(e) of the States Code, is amended by striking ‘‘includ- any person. Controlled Substances Act (21 U.S.C. 848(e)). ing the penalty of death’’ and all that fol- ‘‘(2) A violation of section 34 of this title. ‘‘(39) An offense punishable under sub- lows and inserting ‘‘except death.’’. ‘‘(3) A violation of section 36(b)(2)(A) of section (a)(2)(B) or (b)(1)(B) of section 46502 (U) NUMBER OF MEMBERS OF MILITARY COM- this title. of title 49.’’ MISSIONS.—Subsection (a) of section 948m of ‘‘(4) A violation of section 37(a) of this title (ii) CLERICAL AMENDMENT.—The table of title 10, United States Code, is amended to that results in the death of any person. sections for chapter 213 of title 18, United read as follows: ‘‘(5) A violation of section 229A(a)(2) of this States Code, is amended by striking the item ‘‘(a) NUMBER OF MEMBERS.—A military title. relating to section 3281 and inserting the fol- commission under this chapter shall have at lowing: least 5 members.’’. ‘‘(6) A violation of section 241, 242, 245(b), or 247(a) of this title that— ‘‘3281. Offenses with no period of limita- (V) NUMBER OF VOTES REQUIRED FOR SEN- ‘‘(A) results in death; or tions.’’. TENCING BY MILITARY COMMISSION.—Section 949m of title 10, United States Code, is ‘‘(B) involved kidnapping or an attempt to SEC. 3. PROHIBITION ON IMPOSITION OF DEATH amended— kidnap, aggravated sexual abuse or an at- SENTENCE. (i) in subsection (b)— tempt to commit aggravated sexual abuse, or (a) IN GENERAL.—Notwithstanding any (I) by striking paragraph (1); and an attempt to kill. other provision of law, no person may be sen- (II) by redesignating paragraphs (2) and (3) ‘‘(7) A violation of subsection (b) or (d) of tenced to death or put to death on or after as paragraphs (1) and (2), respectively; and section 351 of this title. the date of enactment of this Act for any (ii) by striking subsection (c). ‘‘(8) A violation of section 794(a) of this violation of Federal law. (W) APPELLATE REFERRAL FOR MILITARY title. (b) PERSONS SENTENCED BEFORE DATE OF COMMISSIONS.—Section 950c of title 10, United ‘‘(9) A violation of subsection (d), (f), or (i) ENACTMENT.—Notwithstanding any other States Code, is amended— of section 844 of this title that results in the provision of law, any person sentenced to (i) in subsection (b)(1), by striking ‘‘except death of any person (including any public death before the date of enactment of this a case in which the sentence as approved safety officer performing duties as a direct Act for any violation of Federal law shall under section 950b of this title extends to or proximate result of conduct prohibited by serve a sentence of life imprisonment with- death,’’; and such subsection). out the possibility of parole. (ii) in subsection (c), by striking ‘‘Except ‘‘(10) An offense punishable under sub- in a case in which the sentence as approved section (c)(5)(B)(i) or (j)(1) of section 924 of By Mr. BIDEN (for himself, Mr. under section 950b of this title extends to this title. MCCONNELL, Mr. MENENDEZ, death, the accused’’ and inserting ‘‘The ac- ‘‘(11) An offense punishable under section Mrs. MURRAY, and Mr. SPEC- 1091(b)(1) of this title. cused’’. TER): ‘‘(12) A violation of section 1111 of this title (X) EXECUTION OF SENTENCE BY MILITARY S. 449. A bill to amend title I of the COMMISSIONS.— that is murder in the first degree. (i) IN GENERAL.—Section 950i of title 10, ‘‘(13) A violation of section 1118 of this Omnibus Crime Control and Safe United States Code, is amended— title. Streets Act of 1968 to provide standards (I) in the section heading, by striking ‘‘; ‘‘(14) A violation of subsection (a) or (b) of and procedures to guide both State and PROCEDURES FOR EXECUTION OF SEN- section 1121 of this title. local law enforcement agencies and law TENCE OF DEATH’’; ‘‘(15) A violation of section 1201(a) of this enforcement officers during internal (II) by striking subsections (b) and (c); title that results in the death of any person. investigations, interrogation of law en- (III) by redesignating subsection (d) as sub- ‘‘(16) A violation of section 1203(a) of this forcement officers, and administrative section (b); and title that results in the death of any person. (IV) in subsection (b), as so redesignated, ‘‘(17) An offense punishable under section disciplinary hearings, to ensure ac- by striking ‘‘, except a sentence of death’’. 1512(a)(3) of this title that is murder (as that countability of law enforcement offi- (ii) CLERICAL AMENDMENT.—The table of term is defined in section 1111 of this title). cers, to guarantee the due process sections at the beginning of subchapter VI of ‘‘(18) An offense punishable under section rights of law enforcement officers, and chapter 47A of title 10, United States Code, is 1716(j)(3) of this title. to require States to enact law enforce- amended by striking the item relating to ‘‘(19) A violation of subsection (b) or (d) of ment discipline, accountability, and section 950i and inserting the following new section 1751 of this title. due process laws; to the Committee on item: ‘‘(20) A violation of section 1958(a) of this the Judiciary. ‘‘950i. Execution of sentence.’’. title that results in death. (d) CONFORMING AMENDMENTS.— ‘‘(21) A violation of section 1959(a) of this Mr. BIDEN. Mr. President, I rise to (1) REPEAL OF CRIMINAL PROCEDURES RELAT- title that is murder. introduce the State and Local Law En- ING TO IMPOSITION OF DEATH SENTENCE.— ‘‘(22) A violation of subsection (a) (except forcement Discipline Accountability, (A) IN GENERAL.—Chapter 228 of title 18, for a violation of paragraph (8), (9) or (10) of and Due Process Act of 2007. United States Code, is repealed. such subsection) or (b) of section 1992 of this These are trying times for the men (B) CLERICAL AMENDMENT.—The table of title that results in the death of any person. and women on our front lines who pro- chapters for part II of title 18, United States ‘‘(23) A violation of section 2113(e) of this vide our domestic security and public Code, is amended by striking the item relat- title that results in death. safety—our Nation’s law enforcement ing to chapter 228. ‘‘(24) An offense punishable under section (2) OTHER PROVISIONS.— 2119(3) of this title. personnel. Indeed, they face one of the (A) INTERCEPTION OF WIRE, ORAL, OR ELEC- ‘‘(25) An offense punishable under section most difficult work environments TRONIC COMMUNICATIONS.—Section 2516(1)(a) 2245(a) of this title. imaginable—an average of 165 police of- of title 18, United States Code, is amended by ‘‘(26) A violation of section 2251 of this title ficers are killed in the line of duty striking ‘‘by death or’’. that results in the death of a person. every year. Our Nation’s law enforce- (B) RELEASE AND DETENTION PENDING JUDI- ‘‘(27) A violation of section 2280(a)(1) of this ment officers put themselves in harms CIAL PROCEEDINGS.—Chapter 207 of title 18, title that results in the death of any person. way on a daily basis to ensure the safe- United States Code, is amended— ‘‘(28) A violation of section 2281(a)(1) of this ty of their fellow citizens and the do- (i) in section 3142(f)(1)(B), by striking ‘‘or title that results in the death of any person. death’’; and ‘‘(29) A violation of section 2282A(a) of this mestic security of our Nation. Never- (ii) in section 3146(b)(1)(A)(i), by striking title that causes the death of any person. theless, many times these brave offi- ‘‘death, life imprisonment,’’ and inserting ‘‘(30) A violation of section 2283(a) of this cers do not receive basic rights if they ‘‘life imprisonment’’. title that causes the death of any person. become involved in internal police in- (C) VENUE IN CAPITAL CASES.—Chapter 221 ‘‘(31) An offense punishable under section vestigations or administrative hear- of title 18, United States Code, is amended— 2291(d) of this title. ings. According to the National Asso- (i) by striking section 3235; and ‘‘(32) An offense punishable under section ciation of Police Organizations, ‘‘[i]n (ii) in the table of sections, by striking the 2332(a)(1) of this title. roughly half of the states in this coun- item relating to section 3235. ‘‘(33) A violation of subsection (a) or (b) of (D) PERIOD OF LIMITATIONS.— section 2332a of this title that results in try, officers enjoy some legal protec- (i) IN GENERAL.—Chapter 213 of title 18, death. tions against false accusations and United States Code, is amended by striking ‘‘(34) An offense punishable under section abusive conduct, but hundreds of thou- section 3281 and inserting the following: 2332b(c)(1)(A) of this title. sands of officers have very limited due

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(b) DECLARATION OF POLICY.—Congress de- tivities.’’ Similarly, the Fraternal forcement officials are facing unprece- clares that it is the purpose of this Act and Order of Police notes that, ‘‘[i]n a star- dented challenges, and management the policy of the United States to— tling number of jurisdictions through- and labor simply must work together (1) protect the due process and political out this country, law enforcement offi- on this issue and the numerous other rights of State and local law enforcement of- cers have no procedural or administra- issues facing the law enforcement com- ficers and ensure equality and fairness of tive protections whatsoever; in fact, munity. treatment among such officers; they can be, and frequently are, sum- I ask unanimous consent that the (2) provide continued police protection to marily dismissed from their jobs with- the general public; text of the bill be printed in the (3) provide for the general welfare and en- out explanation. Officers who lose their RECORD. sure domestic tranquility; and careers due to administrative or polit- There being no objection, the text of (4) prevent any impediments to the free ical expediency almost always find it the bill was ordered to be printed in flow of commerce, under the rights guaran- impossible to find new employment in the RECORD, as follows: teed under the United States Constitution public safety. An officer’s reputation, S. 449 and Congress’ authority thereunder. once tarnished by accusation, is almost Be it enacted by the Senate and House of Rep- SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS OF OFFICERS. impossible to restore.’’ resentatives of the United States of America in The legislation being introduced (a) IN GENERAL.—Part H of title I of the Congress assembled, Omnibus Crime Control and Safe Streets Act today, which is endorsed by the Fra- SECTION 1. SHORT TITLE. of 1968 (42 U.S.C. 3781 et seq.) is amended by ternal Order of Police and of the Na- This Act may be cited as the ‘‘State and adding at the end the following: tional Association of Police Organiza- Local Law Enforcement Discipline, Account- ‘‘SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND tions, seeks to provide officers with ability, and Due Process Act of 2007’’. DUE PROCESS OF STATE AND LOCAL certain basic protections in those juris- SEC. 2. FINDINGS AND DECLARATION OF PUR- LAW ENFORCEMENT OFFICERS. POSE AND POLICY. dictions where such workplace protec- ‘‘(a) DEFINITIONS.—In this section: (a) FINDINGS.—Congress finds that— ‘‘(1) DISCIPLINARY ACTION.—The term ‘dis- tions are not currently provided. First, (1) the rights of law enforcement officers to ciplinary action’ means any adverse per- this bill allows law enforcement offi- engage in political activity or to refrain sonnel action, including suspension, reduc- cials to engage in political activities from engaging in political activity, except tion in pay, rank, or other employment ben- when they are off-duty. Second, it pro- when on duty, or to run as candidates for efit, dismissal, transfer, reassignment, un- vides standards and procedures to public office, unless such service is found to reasonable denial of secondary employment, guide State and local law enforcement be in conflict with their service as officers, or similar punitive action taken against a agencies during internal investiga- are activities protected by the first amend- law enforcement officer. ment of the United States Constitution, as ‘‘(2) DISCIPLINARY HEARING.—The term ‘dis- tions, interrogations, and administra- applied to the States through the 14th ciplinary hearing’ means an administrative tive disciplinary hearings. Addition- amendment of the United States Constitu- hearing initiated by a law enforcement agen- ally, it calls upon States to develop tion, but these rights are often violated by cy against a law enforcement officer, based and enforce these disciplinary proce- the management of State and local law en- on an alleged violation of law, that, if prov- dures. The bill would preempt State forcement agencies; en, would subject the law enforcement offi- laws which confer fewer rights than (2) a significant lack of due process rights cer to disciplinary action. those provided for in the legislation, of law enforcement officers during internal ‘‘(3) EMERGENCY SUSPENSION.—The term but it would not preempt any State or investigations and disciplinary proceedings ‘emergency suspension’ means the tem- has resulted in a loss of confidence in these porary action by a law enforcement agency local laws that confer rights or protec- processes by many law enforcement officers, of relieving a law enforcement officer from tions that are equal to or exceed the including those unfairly targeted for their the active performance of law enforcement rights and protections afforded in the labor organization activities or for their ag- duties without a reduction in pay or benefits bill. For example, my own State of gressive enforcement of the laws, demor- when the law enforcement agency, or an offi- Delaware has a law enforcement offi- alizing many rank and file officers in com- cial within that agency, determines that cers’ bill of rights, and those proce- munities and States; there is probable cause, based upon the con- dures would not be impacted by the (3) unfair treatment of officers has poten- duct of the law enforcement officer, to be- provisions of this bill. tially serious long-term consequences for lieve that the law enforcement officer poses This bill will also include important law enforcement by potentially deterring or an immediate threat to the safety of that of- otherwise preventing officers from carrying ficer or others or the property of others. provisions that will enhance the ability out their duties and responsibilities effec- ‘‘(4) INVESTIGATION.—The term ‘investiga- of citizens to hold their local police de- tively and fairly; tion’— partments accountable. The legislation (4) the lack of labor-management coopera- ‘‘(A) means an action taken to determine includes provisions that will ensure tion in disciplinary matters and either the whether a law enforcement officer violated a citizen complaints against police offi- perception or the actuality that officers are law by a public agency or a person employed cers are investigated and that citizens not treated fairly detrimentally impacts the by a public agency, acting alone or in co- are informed of the outcome of these recruitment of and retention of effective of- operation with or at the direction of another investigations. The bill balances the ficers, as potential officers and experienced agency, or a division or unit within another officers seek other careers, which has serious agency, regardless of a denial by such an rights of police officers with the rights implications and repercussions for officer agency that any such action is not an inves- of citizens to raise valid concerns morale, public safety, and labor-manage- tigation; and about the conduct of some of these offi- ment relations and strife and can affect ‘‘(B) includes— cers. In addition, I have consulted with interstate and intrastate commerce, inter- ‘‘(i) asking questions of any other law en- constitutional experts who have opined fering with the normal flow of commerce; forcement officer or non-law enforcement of- that the bill is consistent with Con- (5) there are serious implications for the ficer; gress’ powers under the Commerce public safety of the citizens and residents of ‘‘(ii) conducting observations; Clause and that it does not run afoul of the United States which threatens the do- ‘‘(iii) reviewing and evaluating reports, mestic tranquility of the United States be- records, or other documents; and the Supreme Court’s Tenth Amend- cause of a lack of statutory protections to ‘‘(iv) examining physical evidence. ment jurisprudence. ensure— ‘‘(5) LAW ENFORCEMENT OFFICER.—The I would also like to note that I un- (A) the due process and political rights of terms ‘law enforcement officer’ and ‘officer’ derstand the objections that many law enforcement officers; have the meaning given the term ‘law en- management groups, including the (B) fair and thorough internal investiga- forcement officer’ in section 1204, except the International Association of Chiefs of tions and interrogations of and disciplinary term does not include a law enforcement of- Police’s, have to this measure. I have proceedings against law enforcement offi- ficer employed by the United States, or any discussed this with them, and I’ve cers; and department, agency, or instrumentality pledged that their views will be heard (C) effective procedures for receipt, review, thereof. and investigation of complaints against offi- ‘‘(6) PERSONNEL RECORD.—The term ‘per- and considered as this bill is debated in cers, fair to both officers and complainants; sonnel record’ means any document, whether Congress. It is my view that we must and in written or electronic form and irrespec- bridge this gap. Without a meeting of (6) resolving these disputes and problems tive of location, that has been or may be the minds between police management and preventing the disruption of vital police used in determining the qualifications of a

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or ment agency shall commence not later than sections (e) and paragraph (1). 15 days after the receipt of the complaint ‘‘(B) for a violation of law that has been ‘‘(3) PLACE OF QUESTIONING.—Unless the of- negotiated and agreed upon by the law en- by— ficer consents in writing to being questioned ‘‘(i) the law enforcement agency employing forcement agency and the law enforcement elsewhere, any questioning of a law enforce- the law enforcement officer against whom officer, based upon a written waiver by the ment officer under investigation shall take the complaint has been made; or officer of the rights of that officer under sub- place— ‘‘(ii) any other law enforcement agency section (i) and any other applicable law or ‘‘(A) at the office of the individual con- charged with investigating such a complaint. constitutional provision, after consultation ducting the investigation on behalf of the ‘‘(B) EXCEPTION.—Subparagraph (A) does with the counsel or representative of that of- law enforcement agency employing the offi- not apply if— ficer. cer under investigation; or ‘‘(i) the law enforcement agency deter- ‘‘(b) APPLICABILITY.— mines from the face of the complaint that ‘‘(B) the place at which the officer under ‘‘(1) IN GENERAL.—This section sets forth each allegation does not constitute a viola- investigation reports for duty. the due process rights, including procedures, tion of law; or ‘‘(4) IDENTIFICATION OF QUESTIONER.—Before that shall be afforded a law enforcement offi- ‘‘(ii) the complainant fails to comply sub- the commencement of any questioning, a law cer who is the subject of an investigation or stantially with the complaint procedure of enforcement officer under investigation shall disciplinary hearing. the law enforcement agency established be informed of— ‘‘(2) NONAPPLICABILITY.—This section does under this section. ‘‘(A) the name, rank, and command of the officer or other individual who will conduct not apply in the case of— ‘‘(3) COMPLAINANT OR VICTIM CONFLICT OF the questioning; and ‘‘(A) an investigation of specifically al- INTEREST.—The complainant or victim of the leged conduct by a law enforcement officer alleged violation of law giving rise to an in- ‘‘(B) the relationship between the indi- that, if proven, would constitute a violation vestigation under this subsection may not vidual conducting the questioning and the of a statute providing for criminal penalties; conduct or supervise the investigation or law enforcement agency employing the offi- or serve as an investigator. cer under investigation. ‘‘(B) a nondisciplinary action taken in ‘‘(e) NOTICE OF INVESTIGATION.— ‘‘(5) SINGLE QUESTIONER.—During any sin- good faith on the basis of the employment ‘‘(1) IN GENERAL.—Any law enforcement of- gle period of questioning of a law enforce- related performance of a law enforcement officer who is the subject of an investigation ment officer under investigation, each ques- ficer. shall be notified of the investigation 24 hours tion shall be asked by or through 1 individual. ‘‘(c) POLITICAL ACTIVITY.— before the commencement of questioning of ‘‘(6) REASONABLE TIME PERIOD.—Any ques- ‘‘(1) RIGHT TO ENGAGE OR NOT TO ENGAGE IN such officer or to otherwise being required to tioning of a law enforcement officer under POLITICAL ACTIVITY.—Except when on duty or provide information to an investigating investigation shall be for a reasonable period acting in an official capacity, a law enforce- agency. of time and shall allow reasonable periods ment officer shall not be prohibited from en- ‘‘(2) CONTENTS OF NOTICE.—Notice given for the rest and personal necessities of the gaging in political activity or be denied the under paragraph (1) shall include— officer and the counsel or representative of right to refrain from engaging in political ‘‘(A) the nature and scope of the investiga- the officer, if such person is present. activity. tion; ‘‘(7) NO THREATS, FALSE STATEMENTS, OR ‘‘(2) RIGHT TO RUN FOR ELECTIVE OFFICE.—A ‘‘(B) a description of any allegation con- PROMISES TO BE MADE.— law enforcement officer shall not be— tained in a written complaint; ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) prohibited from being a candidate for ‘‘(C) a description of each violation of law subparagraph (B), no threat against, false or an elective office or from serving in such an alleged in the complaint for which suspicion misleading statement to, harassment of, or elective office, solely because of the status of exists that the officer may have engaged in promise of reward to a law enforcement offi- the officer as a law enforcement officer; or conduct that may subject the officer to dis- cer under investigation shall be made to in- ‘‘(B) required to resign or take an unpaid ciplinary action; and duce the officer to answer any question, give leave from employment with a law enforce- ‘‘(D) the name, rank, and command of the any statement, or otherwise provide infor- ment agency to be a candidate for an elec- officer or any other individual who will be mation. tive office or to serve in an elective office, conducting the investigation. ‘‘(B) EXCEPTION.—The law enforcement unless such service is determined to be in ‘‘(f) RIGHTS OF LAW ENFORCEMENT OFFICERS agency employing a law enforcement officer conflict with or incompatible with service as PRIOR TO AND DURING QUESTIONING INCI- under investigation may require the officer a law enforcement officer. DENTAL TO AN INVESTIGATION.—If a law enforcement officer is subjected to questioning to make a statement relating to the inves- ‘‘(3) ADVERSE PERSONNEL ACTION.—An ac- incidental to an investigation that may re- tigation by explicitly threatening discipli- tion by a public agency against a law en- sult in disciplinary action against the offi- nary action, including termination, only if— forcement officer, including requiring the of- cer, the following minimum safeguards shall ‘‘(i) the officer has received a written grant ficer to take unpaid leave from employment, apply: of use and derivative use immunity or trans- in violation of this subsection shall be con- ‘‘(1) COUNSEL AND REPRESENTATION.— actional immunity by a person authorized to sidered an adverse personnel action within ‘‘(A) IN GENERAL.—Any law enforcement of- grant such immunity; and the meaning of subsection (a)(1). ficer under investigation shall be entitled to ‘‘(ii) the statement given by the law en- ‘‘(d) EFFECTIVE PROCEDURES FOR RECEIPT, effective counsel by an attorney or represen- forcement officer under such an immunity REVIEW, AND INVESTIGATION OF COMPLAINTS tation by any other person who the officer may not be used in any subsequent criminal AGAINST LAW ENFORCEMENT OFFICERS.— chooses, such as an employee representative, proceeding against that officer. ‘‘(1) COMPLAINT PROCESS.—Not later than 1 or both, immediately before and during the ‘‘(8) RECORDING.— year after the effective date of this section, entire period of any questioning session, un- ‘‘(A) IN GENERAL.—All questioning of a law each law enforcement agency shall adopt and less the officer consents in writing to being enforcement officer under an investigation comply with a written complaint procedure questioned outside the presence of counsel or shall be recorded in full, in writing or by that— representative. electronic device, and a copy of the tran- ‘‘(A) authorizes persons from outside the ‘‘(B) PRIVATE CONSULTATION.—During the script shall be provided to the officer under law enforcement agency to submit written course of any questioning session, the officer investigation before any subsequent period complaints about a law enforcement officer shall be afforded the opportunity to consult of questioning or the filing of any charge to— privately with counsel or a representative, if against that officer. ‘‘(i) the law enforcement agency employing such consultation does not repeatedly and ‘‘(B) SEPARATE RECORDING.—To ensure the the law enforcement officer; or unnecessarily disrupt the questioning period. accuracy of the recording, an officer may ‘‘(ii) any other law enforcement agency ‘‘(C) UNAVAILABILITY OF COUNSEL.—If the utilize a separate electronic recording de- charged with investigating such complaints; counsel or representative of the law enforce- vice, and a copy of any such recording (or

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the transcript) shall be provided to the pub- ‘‘(B) the name and mailing address of the ‘‘(10) SUMMONSES AND SUBPOENAS.— lic agency conducting the questioning, if independent and impartial hearing officer, or ‘‘(A) IN GENERAL.—The disciplinary hearing that agency so requests. the names and mailing addresses of the inde- board or independent hearing officer— ‘‘(9) USE OF HONESTY TESTING DEVICES PRO- pendent and impartial hearing board mem- ‘‘(i) shall have the authority to issue sum- HIBITED.—No law enforcement officer under bers; and monses or subpoenas, on behalf of— investigation may be compelled to submit to ‘‘(C) the name, rank, command, and ad- ‘‘(I) the law enforcement agency employing the use of a lie detector, as defined in section dress of the law enforcement officer pros- the officer who is the subject of the hearing; 2 of the Employee Polygraph Protection Act ecuting the matter for the law enforcement or of 1988 (29 U.S.C. 2001). agency, or the name, position, and mailing ‘‘(II) the law enforcement officer who is the ‘‘(g) NOTICE OF INVESTIGATIVE FINDINGS AND address of the person prosecuting the matter subject of the hearing; and DISCIPLINARY RECOMMENDATION AND OPPOR- for a public agency, if the prosecutor is not ‘‘(ii) upon written request of either the law TUNITY TO SUBMIT A WRITTEN RESPONSE.— a law enforcement officer. enforcement agency or the officer, shall ‘‘(1) NOTICE.—Not later than 30 days after ‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND issue a summons or subpoena, as appro- the conclusion of an investigation under this INVESTIGATIVE FILE.—Unless waived in writ- priate, to compel the appearance and testi- section, the person in charge of the inves- ing by the law enforcement officer or the mony of a witness or the production of docu- tigation or the designee of that person shall counsel or representative of that officer, not mentary evidence. notify the law enforcement officer who was later than 15 days before a disciplinary hear- ‘‘(B) EFFECT OF FAILURE TO COMPLY WITH the subject of the investigation, in writing, ing described in paragraph (4)(A), the law en- SUMMONS OR SUBPOENA.—With respect to any of the investigative findings and any rec- forcement officer shall be provided with— failure to comply with a summons or a sub- ommendations for disciplinary action. ‘‘(A) a copy of the complete file of the pre- poena issued under subparagraph (A)— ‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE- disciplinary investigation; and ‘‘(i) the disciplinary hearing officer or SPONSE.— ‘‘(B) access to and, if so requested, copies board shall petition a court of competent ju- ‘‘(A) IN GENERAL.—Not later than 30 days of all documents, including transcripts, risdiction to issue an order compelling com- after receipt of a notification under para- records, written statements, written reports, pliance; and graph (1), and before the filing of any charge analyses, and electronically recorded infor- ‘‘(ii) subsequent failure to comply with seeking the discipline of such officer or the mation that— such a court order issued pursuant to a peti- commencement of any disciplinary pro- ‘‘(i) contain exculpatory information; tion under clause (i) shall— ceeding under subsection (h), the law en- ‘‘(ii) are intended to support any discipli- ‘‘(I) be subject to contempt of a court pro- forcement officer who was the subject of the nary action; or ceedings according to the laws of the juris- investigation may submit a written response ‘‘(iii) are to be introduced in the discipli- diction within which the disciplinary hear- to the findings and recommendations in- nary hearing. ing is being conducted; and cluded in the notification. ‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.— ‘‘(II) result in the recess of the disciplinary ‘‘(B) CONTENTS OF RESPONSE.—The response Unless waived in writing by the law enforce- hearing until the witness becomes available submitted under subparagraph (A) may in- ment officer or the counsel or representative to testify and does testify or is held in conclude references to additional documents, of that officer— tempt. physical objects, witnesses, or any other in- ‘‘(A) not later than 15 days before a dis- ‘‘(11) CLOSED HEARING.—A disciplinary formation that the law enforcement officer ciplinary hearing, the prosecuting agency hearing shall be closed to the public unless believes may provide exculpatory evidence. shall notify the law enforcement officer or the law enforcement officer who is the sub- ‘‘(h) DISCIPLINARY HEARINGS.— the counsel or representative of that officer ject of the hearing requests, in writing, that ‘‘(1) NOTICE OF OPPORTUNITY FOR HEARING.— of all physical, non-documentary evidence; the hearing be open to specified individuals Except in a case of summary punishment or and or to the general public. emergency suspension (subject to subsection ‘‘(B) not later than 10 days before a dis- ‘‘(12) RECORDING.—All aspects of a discipli- (k)), before the imposition of any discipli- ciplinary hearing, the prosecuting agency nary hearing, including pre-hearing motions, nary action the law enforcement agency shall provide a reasonable date, time, place, shall be recorded by audio tape, video tape, shall notify the officer that the officer is en- and manner for the law enforcement officer or transcription. titled to a due process hearing by an inde- or the counsel or representative of the law ‘‘(13) SEQUESTRATION OF WITNESSES.—Either pendent and impartial hearing officer or enforcement officer to examine the evidence side in a disciplinary hearing may move for board. described in subparagraph (A). and be entitled to sequestration of witnesses. ‘‘(2) REQUIREMENT OF DETERMINATION OF ‘‘(7) IDENTIFICATION OF WITNESSES.—Unless ‘‘(14) TESTIMONY UNDER OATH.—The hearing VIOLATION.—No disciplinary action may be waived in writing by the law enforcement of- officer or board shall administer an oath or taken against a law enforcement officer un- ficer or the counsel or representative of the affirmation to each witness, who shall tes- less an independent and impartial hearing officer, not later than 15 days before a dis- tify subject to the laws of perjury of the officer or board determines, after a hearing ciplinary hearing, the prosecuting agency State in which the disciplinary hearing is and in accordance with the requirements of shall notify the law enforcement officer or being conducted. this subsection, that the law enforcement of- the counsel or representative of the officer, ‘‘(15) FINAL DECISION ON EACH CHARGE.— ficer committed a violation of law. of the name and address of each witness for ‘‘(A) IN GENERAL.—At the conclusion of the ‘‘(3) TIME LIMIT.—No disciplinary charge the law enforcement agency employing the presentation of all the evidence and after may be brought against a law enforcement law enforcement officer. oral or written argument, the hearing officer officer unless— ‘‘(8) REPRESENTATION.—During a discipli- or board shall deliberate and render a writ- ‘‘(A) the charge is filed not later than the nary hearing, the law enforcement officer ten final decision on each charge. earlier of— who is the subject of the hearing shall be en- ‘‘(B) FINAL DECISION ISOLATED TO CHARGE ‘‘(i) 1 year after the date on which the law titled to due process, including— BROUGHT.—The hearing officer or board may enforcement agency filing the charge had ‘‘(A) the right to be represented by counsel not find that the law enforcement officer knowledge or reasonably should have had or a representative; who is the subject of the hearing is liable for knowledge of an alleged violation of law; or ‘‘(B) the right to confront and examine all disciplinary action for any violation of law ‘‘(ii) 90 days after the commencement of an witnesses against the officer; and as to which the officer was not charged. investigation; or ‘‘(C) the right to call and examine wit- ‘‘(16) BURDEN OF PERSUASION AND STANDARD ‘‘(B) the requirements of this paragraph nesses on behalf of the officer. OF PROOF.—The burden of persuasion or are waived in writing by the officer or the ‘‘(9) HEARING BOARD AND PROCEDURE.— standard of proof of the prosecuting agency counsel or representative of the officer. ‘‘(A) IN GENERAL.—A State or local govern- shall be— ‘‘(4) NOTICE OF HEARING.—Unless waived in ment agency, other than the law enforce- ‘‘(A) by clear and convincing evidence as to writing by the officer or the counsel or rep- ment agency employing the officer who is each charge alleging false statement or representative of the officer, not later than 30 subject of the disciplinary hearing, shall— resentation, fraud, dishonesty, deceit, moral days after the filing of a disciplinary charge ‘‘(i) determine the composition of an inde- turpitude, or criminal behavior on the part against a law enforcement officer, the law pendent and impartial disciplinary hearing of the law enforcement officer who is the enforcement agency filing the charge shall board; subject of the charge; and provide written notification to the law en- ‘‘(ii) appoint an independent and impartial ‘‘(B) by a preponderance of the evidence as forcement officer who is the subject of the hearing officer; and to all other charges. charge, of— ‘‘(iii) establish such procedures as may be ‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID- ‘‘(A) the date, time, and location of any necessary to comply with this section. ERED BY THE HEARING OFFICER OR BOARD.—A disciplinary hearing, which shall be sched- ‘‘(B) PEER REPRESENTATION ON DISCIPLINARY law enforcement officer who is the subject of uled in cooperation with the law enforce- HEARING BOARD.—A disciplinary hearing a disciplinary hearing shall not be found ment officer, or the counsel or representa- board that includes employees of the law en- guilty of any charge or subjected to any dis- tive of the officer, and which shall take place forcement agency employing the law en- ciplinary action unless the disciplinary hear- not earlier than 30 days and not later than 60 forcement officer who is the subject of the ing board or independent hearing officer days after notification of the hearing is hearing, shall include not less than 1 law en- finds that— given to the law enforcement officer under forcement officer of equal or lesser rank to ‘‘(A) the officer who is the subject of the investigation; the officer who is the subject of the hearing. charge could reasonably be expected to have

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1425 had knowledge of the probable consequences officer, except that any such suspension ‘‘(v) is relevant to any pending claim of the alleged conduct set forth in the charge shall— brought by or on behalf of the officer against against the officer; ‘‘(1) be followed by a hearing in accordance the employing agency of that officer that ‘‘(B) the rule, regulation, order, or proce- with the requirements of subsection (h); and may be discovered in any judicial or admin- dure that the officer who is the subject of ‘‘(2) not deprive the affected officer of any istrative proceeding between the officer and the charge allegedly violated is reasonable; pay or benefit. the employer of that officer. ‘‘(C) the charging party, before filing the ‘‘(l) RETALIATION FOR EXERCISING RIGHTS.— ‘‘(p) STATES’ RIGHTS.— charge, made a reasonable, fair, and objec- There shall be no imposition of, or threat of, ‘‘(1) IN GENERAL.—Nothing in this section tive effort to discover whether the officer did disciplinary action or other penalty against may be construed— in fact violate the rule, regulation, order, or a law enforcement officer for the exercise of ‘‘(A) to preempt any State or local law, or procedure as charged; any right provided to the officer under this any provision of a State or local law, in ef- ‘‘(D) the charging party did not conduct section. fect on the date of enactment of the State the investigation arbitrarily or unfairly, or ‘‘(m) OTHER REMEDIES NOT IMPAIRED.— and Local Law Enforcement Discipline, Ac- Nothing in this section may be construed to in a discriminatory manner, against the offi- countability, and Due Process Act of 2007, impair any other right or remedy that a law cer who is the subject of the charge, and the that confers a right or a protection that enforcement officer may have under any con- charge was brought in good faith; and equals or exceeds the right or protection af- stitution, statute, ordinance, order, rule, ‘‘(E) the proposed disciplinary action rea- forded by this section; or regulation, procedure, written policy, collec- sonably relates to the seriousness of the al- ‘‘(B) to prohibit the enactment of any leged violation and to the record of service tive bargaining agreement, or any other source. State or local law that confers a right or of the officer who is the subject of the protection that equals or exceeds a right or charge. ‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.— A law enforcement officer who is aggrieved protection afforded by this section. ‘‘(18) NO COMMISSION OF A VIOLATION.—If the by a violation of, or is otherwise denied any ‘‘(2) STATE OR LOCAL LAWS PREEMPTED.—A officer who is the subject of the disciplinary right afforded by, the Constitution of the State or local law, or any provision of a hearing is found not to have committed the United States, a State constitution, this sec- State or local law, that confers fewer rights alleged violation— tion, or any administrative rule or regula- or provides less protection for a law enforce- ‘‘(A) the matter is concluded; tion promulgated pursuant thereto, may file ment officer than any provision in this sec- ‘‘(B) no disciplinary action may be taken suit in any Federal or State court of com- tion shall be preempted by this section. against the officer; petent jurisdiction for declaratory or injunc- ‘‘(q) COLLECTIVE BARGAINING AGREE- ‘‘(C) the personnel record of that officer tive relief to prohibit the law enforcement MENTS.—Nothing in this section may be con- shall not contain any reference to the charge agency from violating or otherwise denying strued to— for which the officer was found not guilty; such right, and such court shall have juris- ‘‘(1) preempt any provision in a mutually and diction, for cause shown, to restrain such a agreed-upon collective bargaining agree- ‘‘(D) any pay and benefits lost or deferred violation or denial. ment, in effect on the date of enactment of during the pendency of the disposition of the ‘‘(o) PROTECTION OF LAW ENFORCEMENT OF- the State and Local Law Enforcement Dis- charge shall be restored to the officer as FICER PERSONNEL FILES.— cipline, Accountability, and Due Process Act though no charge had ever been filed against ‘‘(1) RESTRICTIONS ON ADVERSE MATERIAL of 2007, that provides for substantially the the officer, including salary or regular pay, MAINTAINED IN OFFICERS’ PERSONNEL same or a greater right or protection af- vacation, holidays, longevity pay, education RECORDS.— forded under this section; or incentive pay, shift differential, uniform al- ‘‘(A) IN GENERAL.—Unless the officer has ‘‘(2) prohibit the negotiation of any addi- lowance, lost overtime, or other premium had an opportunity to review and comment, tional right or protection for an officer who pay opportunities, and lost promotional op- in writing, on any adverse material gen- is subject to any collective bargaining agree- portunities. erated after the effective date of the State ment.’’. ‘‘(19) COMMISSION OF A VIOLATION.— and Local Law Enforcement Discipline, Ac- (b) TECHNICAL AMENDMENT.—The table of ‘‘(A) IN GENERAL.—If the officer who is the countability, and Due Process Act of 2007 to contents of title I of the Omnibus Crime Con- subject of the charge is found to have com- be included in a personnel record relating to trol and Safe Streets Act of 1968 (42 U.S.C. mitted the alleged violation, the hearing of- the officer, no law enforcement agency or 3711 et seq.) is amended by inserting after ficer or board shall make a written rec- other governmental entity may— the item relating to section 819 the fol- ommendation of a penalty to the law en- ‘‘(i) include the adverse material in that lowing: forcement agency employing the officer or personnel record; or any other governmental entity that has final ‘‘(ii) possess or maintain control over the ‘‘Sec. 820. Discipline, accountability, and disciplinary authority, as provided by appli- adverse material in any form as a personnel due process of State and local cable State or local law. record within the law enforcement agency or law enforcement officers.’’. ‘‘(B) PENALTY.—The employing agency or elsewhere in the control of the employing SEC. 4. PROHIBITION OF FEDERAL CONTROL other governmental entity may not impose a governmental entity. OVER STATE AND LOCAL CRIMINAL penalty greater than the penalty rec- ‘‘(B) RESPONSIVE MATERIAL.—Any respon- JUSTICE AGENCIES. ommended by the hearing officer or board. sive material provided by an officer to ad- Nothing in this Act or the amendments ‘‘(20) APPEAL.—Any officer who has been verse material included in a personnel record made by this Act shall be construed to au- found to have committed an alleged viola- pertaining to the officer shall be— thorize any department, agency, officer, or tion may appeal from a final decision of a ‘‘(i) attached to the adverse material; and employee of the United States to exercise hearing officer or hearing board to a court of ‘‘(ii) released to any person or entity to any direction, supervision, or control of any competent jurisdiction or to an independent whom the adverse material is released in ac- police force or any criminal justice agency of neutral arbitrator to the extent available in cordance with law and at the same time as any State or any political subdivision there- any other administrative proceeding under the adverse material is released. of. applicable State or local law, or a collective ‘‘(2) RIGHT TO INSPECTION OF, AND RESTRIC- SEC. 5. EFFECTIVE DATE. bargaining agreement. TIONS ON ACCESS TO INFORMATION IN, THE OFFI- The amendments made by this Act shall ‘‘(i) WAIVER OF RIGHTS.— CER’S OWN PERSONNEL RECORDS.— take effect with respect to each State on the ‘‘(1) IN GENERAL.—An officer who is notified ‘‘(A) IN GENERAL.—Subject to subparagraph earlier of— that the officer is under investigation or is (B), a law enforcement officer shall have the (1) 2 years after the date of enactment of the subject of a charge may, after such noti- right to inspect all of the personnel records this Act; or fication, waive any right or procedure guar- of the officer not less than annually. (2) the conclusion of the second legislative anteed by this section. ‘‘(B) RESTRICTIONS.—A law enforcement of- session of the State that begins on or after ‘‘(2) WRITTEN WAIVER.—A written waiver ficer shall not have access to information in the date of enactment of this Act. under this subsection shall be— the personnel records of the officer if the in- ‘‘(A) in writing; and formation— By Mr. AKAKA (for himself, Mr. ‘‘(i) relates to the investigation of alleged ‘‘(B) signed by— COCHRAN, Mr. DODD, Mr. FEIN- ‘‘(i) the officer, who shall have consulted conduct that, if proven, would constitute or have constituted a definite violation of a GOLD, and Mr. DURBIN): with counsel or a representative before sign- S. 451. A bill to establish a National ing any such waiver; or statute providing for criminal penalties, but ‘‘(ii) the counsel or representative of the as to which no formal charge was brought; Foreign language Coordination Coun- officer, if expressly authorized by subsection ‘‘(ii) contains letters of reference for the cil; to the Committee on Health, Edu- (h). officer; cation, Labor, and Pensions. ‘‘(j) SUMMARY PUNISHMENT.—Nothing in ‘‘(iii) contains any portion of a test docu- Mr. AKAKA. Mr. President, I am this section shall preclude a public agency ment other than the results; pleased to reintroduce the National ‘‘(iv) is of a personal nature about another from imposing summary punishment. Foreign Language Coordination Act ‘‘(k) EMERGENCY SUSPENSION.—Nothing in officer, and if disclosure of that information this section may be construed to preclude a in non-redacted form would constitute a with my colleagues Senators THAD law enforcement agency from imposing an clearly unwarranted intrusion into the pri- COCHRAN, CHRISTOPHER DODD, and RUS- emergency suspension on a law enforcement vacy rights of that other officer; or SELL FEINGOLD. We are joined by

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1426 CONGRESSIONAL RECORD — SENATE January 31, 2007 Representative BRIAN BAIRD, who is of- foreign language education. However, (2) The Secretary of Education. fering a companion bill in the House of according to the Committee on Eco- (3) The Secretary of Defense. Representatives today as well. nomic Development, many of our (4) The Secretary of State. The legislation we introduce today (5) The Secretary of Homeland Security. schools do not have foreign language (6) The Attorney General. would implement a key recommenda- programs that address the educational (7) The Director of National Intelligence. tion of the 2004 Department of Defense, challenges of the 21st century. Many (8) The Secretary of Labor. DOD, National Language Conference to American students lack sufficient (9) The Director of the Office of Personnel establish a National Foreign Language knowledge of other countries, lan- Management. Coordination Council, chaired by a Na- guages, and cultures to compete effec- (10) The Director of the Office of Manage- tional Language Director. An inte- tively in the global marketplace. ment and Budget. grated foreign language strategy and Specifically, our bill ensures that the (11) The Secretary of Commerce. sustained leadership within the Federal (12) The Secretary of Health and Human key recommendations of the DOD Na- Services. Government is needed to address the tional Language Conference will be im- (13) The Secretary of the Treasury. lack of foreign language proficient plemented by: Developing policies and (14) The Secretary of Housing and Urban speakers in government and in busi- programs that build the Nation’s lan- Development. ness. Without such a coordinated strat- guage and cultural understanding capa- (15) The Secretary of Agriculture. egy, I fear that the country’s national bility; engaging Federal, State, and (16) The Chairman and President of the Ex- and economic security will be at great- local agencies and the private sector in port-Import Bank of the United States. er risk. solutions; developing language and cul- (17) The heads of such other Federal agen- The communications failures of 9/11 cies as the Council considers appropriate. tural competency across public and pri- (d) RESPONSIBILITIES.— clearly demonstrate that we can no vate sectors; developing language (1) IN GENERAL.—The Council shall be longer ignore the consequence of our skills in a wide range of critical lan- charged with— citizens being unable to converse flu- guages; strengthening our education (A) overseeing, coordinating, and imple- ently in languages other than English. system, programs, and tools in foreign menting the National Security Language The fact that only 9.3 percent of all languages and cultures; and inte- Initiative; (B) developing a national foreign language Americans speak both their native lan- grating language training into career guages and another language fluently, strategy, building upon the efforts of the Na- fields and increase the number of lan- tional Security Language Initiative, within compared with 56 percent of people in guage professionals. 18 months after the date of the enactment of the European Union is troubling. The Last week, the Subcommittee on this section, in consultation with— Iraq Study Group reported last month Oversight of Government Management, (i) State and local government agencies; that of the 1,000 American embassy em- the Federal Workforce, and the Dis- (ii) academic sector institutions; ployees in Baghdad, only 33 speak Ara- trict of Columbia, which I chair, held a (iii) foreign language related interest bic, and just 6 of them are fluent in hearing on the Federal Government’s groups; this critical language. The shortfall of (iv) business associations; language strategy. Dr. Diane (v) industry; skilled linguists prompted the Iraq Birckbich1er, director of the Foreign (vi) heritage associations; and Study Group to recommend that ‘‘The Language Center and chair of the De- (vii) other relevant stakeholders; Secretary of State, the Secretary of partments of French and Italian at (C) conducting a survey of the status of Defense, and the Director of National Ohio State University, testified that Federal agency foreign language and area ex- Intelligence should accord the highest ‘‘if there is a national language strat- pertise and agency needs for such expertise; possible priority to professional lan- egy, it isn’t very well known.’’ She fur- and guage proficiency and cultural train- (D) monitoring the implementation of such ther recommended the development of strategy through— ing, in general and specifically for U.S. a national language policy to create a (i) application of current and recently en- officers and personnel about to be as- language-ready workforce for the fu- acted laws; and signed to Iraq.’’ ture. (ii) the promulgation and enforcement of The Federal Government has an es- To strengthen the role of the United rules and regulations. sential role to play by collaborating States in the world, our country must (2) STRATEGY CONTENT.—The strategy de- with educators, State and local govern- ensure that there is a sufficient num- veloped under paragraph (1) shall include— ments, foreign language associations, ber of individuals who are proficient in (A) recommendations for amendments to and the private sector to increase the title 5, United States Code, in order to im- languages other than their native lan- prove the ability of the Federal Government number of Americans who speak and guages. Increasing foreign language to recruit and retain individuals with foreign understand foreign languages. A Na- skills enhances national security, just language proficiency and provide foreign lan- tional Foreign Language Coordination as increasing foreign language skills guage training for Federal employees; Council brings these diverse interests enhances the ability of Americans to (B) the long term goals, anticipated effect, together to shape a much needed, com- compete on a more global playing field. and needs of the National Security Language prehensive approach. Just as I have ad- I ask my colleagues to support this Initiative; vocated the need for deputy secretaries legislation and unanimous consent (C) identification of crucial priorities for management at the Departments of that the text of the bill be printed in across all sectors; (D) identification and evaluation of Fed- Defense and Homeland Security to di- the RECORD. eral foreign language programs and activi- rect and sustain management leader- There being no objection, the text of ties, including— ship, I envision a National Language the bill was ordered to be printed in (i) any duplicative or overlapping pro- Director to be responsible for main- the RECORD, as follows: grams that may impede efficiency; taining and leading a cooperative ef- S. 451 (ii) recommendations on coordination; fort to strengthen our foreign language Be it enacted by the Senate and House of Rep- (iii) program enhancements; and capabilities. resentatives of the United States of America in (iv) allocation of resources so as to maxi- Our Nation’s security is at risk with- Congress assembled, mize use of resources; (E) needed national policies and cor- out a sufficient number of foreign lan- SECTION 1. ESTABLISHMENT OF NATIONAL FOR- responding legislative and regulatory ac- guage proficient individuals. Counter- EIGN LANGUAGE COORDINATION COUNCIL. tions in support of, and allocation of des- terrorism intelligence will go (a) SHORT TITLE.—This Act may be cited as ignated resources to, promising programs untranslated and opportunities will be the ‘‘National Foreign Language Coordina- and initiatives at all levels (Federal, State, missed. Equally important is pre- tion Act of 2007’’. and local), especially in the less commonly serving the economic competitiveness (b) ESTABLISHMENT.—There is established taught languages that are seen as critical for of the United States. Globalization in the Executive Office of the President a national security and global competitiveness means that Americans must compete National Foreign Language Coordination during the next 20 to 50 years; for jobs in a marketplace no longer Council (in this section referred to as the (F) effective ways to increase public aware- ‘‘Council’’). ness of the need for foreign language skills confined to the boundaries of the (c) MEMBERSHIP.—The Council shall consist and career paths in all sectors that can em- United States. In short, both the secu- of the following members or their designees: ploy those skills, with the objective of in- rity and economic vitality of the (1) The National Language Director, who creasing support for foreign language study United States are tied to improving shall serve as the chairperson of the Council. among—

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(2) RELEVANT COMMITTEES.—For purposes ondary educational institutions; and (3) EXPERTS AND CONSULTANTS.—With the of paragraph (1), the relevant committees of (v) employers; approval of the Council, the Director may Congress include— (G) recommendations for incentives for re- procure temporary and intermittent services (A) in the House of Representatives— lated educational programs, including for- under section 3109(b) of title 5, United States (i) the Committee on Appropriations; eign language teacher training; Code. (ii) the Committee on Armed Services; (H) coordination of cross-sector efforts, in- (4) TRAVEL EXPENSES.—Council members (iii) the Committee on Education and cluding public-private partnerships; and staff shall be allowed travel expenses, in- Labor; (I) coordination initiatives to develop a cluding per diem in lieu of subsistence, at (iv) the Committee on Oversight and Gov- strategic posture for language research and rates authorized for employees of agencies ernment Reform; recommendations for funding for applied for- under subchapter I of chapter 57 of title 5, (v) the Committee on Small Business; eign language research into issues of na- United States Code, while away from their (vi) the Committee on Foreign Affairs; and tional concern; homes or regular places of business in the (vii) the Permanent Select Committee on (J) recommendations for assistance for— performance of services for the Council. Intelligence; (i) the development of foreign language (5) SECURITY CLEARANCE.— (B) in the Senate— achievement standards; and (A) IN GENERAL.—Subject to subparagraph (i) the Committee on Appropriations; (ii) corresponding assessments for the ele- (B), the appropriate Federal agencies or de- (ii) the Committee on Armed Services; mentary, secondary, and postsecondary edu- partments shall cooperate with the Council (iii) the Committee on Health, Education, cation levels, including the National Assess- in expeditiously providing to the Council Labor, and Pensions; ment of Educational Progress in foreign lan- members and staff appropriate security (iv) the Committee on Homeland Security guages; clearances to the extent possible pursuant to and Governmental Affairs; (K) recommendations for development of— existing procedures and requirements. (v) the Committee on Foreign Relations; (i) language skill-level certification stand- (B) EXCEPTION.—No person shall be pro- and ards; vided with access to classified information (vi) the Select Committee on Intelligence. (ii) frameworks for pre-service and profes- under this section without the appropriate (k) ESTABLISHMENT OF A NATIONAL LAN- sional development study for those who required security clearance access. GUAGE DIRECTOR.— teach foreign language; (6) COMPENSATION.—The rate of pay for any (1) IN GENERAL.—There is established a Na- (iii) suggested graduation criteria for for- employee of the Council (including the Di- tional Language Director who shall be ap- eign language studies and appropriate non- rector) may not exceed the rate payable for pointed by the President. The National Lan- language studies, such as— level V of the Executive Schedule under sec- guage Director shall be a nationally recog- (I) international business; tion 5316 of title 5, United States Code. nized individual with credentials and abili- (II) national security; (h) POWERS.— ties across the sectors to be involved with (III) public administration; (1) DELEGATION.—Any member or employee creating and implementing long-term solu- (IV) health care; of the Council may, if authorized by the tions to achieving national foreign language (V) engineering; Council, take any action that the Council is and cultural competency. (VI) law; authorized to take in this section. (2) RESPONSIBILITIES.—The National Lan- (VII) journalism; and (2) INFORMATION.— guage Director shall— (VIII) sciences; (A) COUNCIL AUTHORITY TO SECURE.—The (A) develop and monitor the implementa- (L) identification of and means for repli- Council may secure directly from any Fed- tion of a national foreign language strategy, cating best practices at all levels and in all eral agency such information, consistent built upon the efforts of the National Secu- sectors, including best practices from the with Federal privacy laws, including The rity Language Initiative, across all sectors; international community; and Family Educational Rights and Privacy Act (B) establish formal relationships among (M) recommendations for overcoming bar- (20 U.S.C. 1232g) and Department of Edu- the major stakeholders in meeting the needs riers in foreign language proficiency. cation’s General Education Provisions Act of the Nation for improved capabilities in (3) NATIONAL SECURITY LANGUAGE INITIA- (20 U.S.C. 1232(h)), the Council considers nec- foreign languages and cultural under- TIVE.—The term ‘‘National Security Lan- essary to carry out its responsibilities. standing, including Federal, State, and local guage Initiative’’ means the comprehensive (B) REQUIREMENT TO FURNISH REQUESTED IN- government agencies, academia, industry, national plan of the President announced on FORMATION.—Upon request of the Director, labor, and heritage communities; and January 5, 2006, and under the direction of the head of such agency shall furnish such (C) coordinate and lead a public informa- the Secretaries of State, Education, and De- information to the Council. tion campaign that raises awareness of pub- fense and the Director of National Intel- (3) DONATIONS.—The Council may accept, lic and private sector careers requiring for- ligence to expand foreign language education use, and dispose of gifts or donations of serv- eign language skills and cultural under- for national security purposes in the United ices or property. standing, with the objective of increasing in- States. (4) MAIL.—The Council may use the United terest in and support for the study of foreign (e) SUBMISSION OF STRATEGY TO PRESIDENT States mail in the same manner and under languages among national leaders, the busi- AND CONGRESS.—Not later than 18 months ness community, local officials, parents, and after the date of enactment of this section, the same conditions as other Federal agen- individuals. the Council shall prepare and transmit to cies. the President and the relevant committees (i) CONFERENCES, NEWSLETTER, AND (l) ENCOURAGEMENT OF STATE INVOLVE- of Congress the strategy required under sub- WEBSITE.—In carrying out this section, the MENT.— section (d). Council— (1) STATE CONTACT PERSONS.—The Council (f) MEETINGS.—The Council may hold such (1) may arrange Federal, regional, State, shall consult with each State to provide for meetings, and sit and act at such times and and local conferences for the purpose of de- the designation by each State of an indi- places, as the Council considers appropriate, veloping and coordinating effective programs vidual to serve as a State contact person for but shall meet in formal session at least 2 and activities to improve foreign language the purpose of receiving and disseminating times a year. State and local government education; information and communications received agencies and other organizations (such as (2) may publish a newsletter concerning from the Council. academic sector institutions, foreign lan- Federal, State, and local programs that are (2) STATE INTERAGENCY COUNCILS AND LEAD guage-related interest groups, business asso- effectively meeting the foreign language AGENCIES.—Each State is encouraged to es- ciations, industry, and heritage community needs of the nation; and tablish a State interagency council on for- organizations) shall be invited, as appro- (3) shall create and maintain a website eign language coordination or designate a priate, to public meetings of the Council at containing information on the Council and lead agency for the State for the purpose of least once a year. its activities, best practices on language assuming primary responsibility for coordi- (g) STAFF.— education, and other relevant information. nating and interacting with the Council and (1) IN GENERAL.—The Director may— State and local government agencies as nec- (A) appoint, without regard to the provi- (j) ANNUAL REPORT.— essary. sions of title 5, United States Code, gov- (1) REQUIREMENT.—Not later than 90 days erning the competitive service, such per- after the date of the enactment of this Act, (m) CONGRESSIONAL NOTIFICATION.—The sonnel as the Director considers necessary; and annually thereafter, the Council shall Council shall provide to Congress such infor- and prepare and transmit to the President and mation as may be requested by Congress, (B) compensate such personnel without re- the relevant committees of Congress a report through reports, briefings, and other appro- gard to the provisions of chapter 51 and sub- that describes— priate means. chapter III of chapter 53 of that title. (A) the activities of the Council; (n) AUTHORIZATION OF APPROPRIATIONS.— (2) DETAIL OF GOVERNMENT EMPLOYEES.— (B) the efforts of the Council to improve There are authorized to be appropriated such Upon request of the Council, any Federal foreign language education and training; and sums as necessary to carry out this section.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1428 CONGRESSIONAL RECORD — SENATE January 31, 2007 By Mr. OBAMA (for himself, Mr. them. There is no place for politics in being introduced today is an important step SCHUMER, Mr. LEAHY, Mr. this debate—no room for those who feel toward making elections more honest and CARDIN, Mr. FEINGOLD, Mr. that they can gain a partisan advan- fair. There is no reason it should not be passed by Congress unanimously. KERRY, Mrs. FEINSTEIN, Mrs. tage by keeping people away from the CLINTON, Mrs. BOXER, and Mr. polls. It’s time to get this done in a bi- Mr. SCHUMER. Mr. President, I rise KENNEDY): partisan fashion, and I believe this bill today to join with Senator OBAMA in S. 453. A bill to prohibit deceptive can make it happen. introducing landmark legislation to practices in Federal elections; to the I ask unanimous consent that a New protect the most sacred right of our de- Committee on the Judiciary. York Times editorial from January 31, mocracy: the right to vote. The Obama-Schumer Deceptive Practices Mr. OBAMA. Mr. President, I am 2007, be printed in the RECORD. pleased to introduce a bill today that There being no objection, the edi- and Voter Intimidation Prevention Act seeks to address the all-too-common torial was ordered to be printed in the of 2007 will end the deceptive practices that have become far too common in efforts to deceive voters in order to RECORD, as follows: keep them away from the polls. recent elections. [From the New York Times, Jan. 31, 2007] At the outset, I want to commend my It’s hard to imagine that we even HONESTY IN ELECTIONS need a bill like this. But, unfortu- colleague from Illinois, Senator On Election Day last fall in Maryland, fli- OBAMA, for his leadership on this im- nately, there are people who will stop ers were handed out in black neighborhoods at nothing to try to deceive voters and portant issue. It has been a great pleas- with the heading ‘‘Democratic Sample Bal- ure to work with him to draft this bill. keep them away from the polls. What’s lot’’ and photos of black Democratic lead- I am also proud that we are joined by worse, these practices often target and ers—and boxes checked off beside the names Senators LEAHY, CARDIN, FEINGOLD, exploit vulnerable populations, such as of the Republican candidates for senator and KERRY, FEINSTEIN, and CLINTON as minorities, the disabled, or the poor. governor. They were a blatant attempt to original cosponsors of this legislation. We saw countless examples in this fool black voters into thinking the Repub- We all know that there is an urgent past election. Some of us remember the lican candidates were endorsed by black Democrats. In Orange County, Calif., 14,000 need for this legislation. The right to thousands of Latino voters in Orange Latino voters got letters in Spanish saying vote is the wellspring of our democ- County, California, who received let- it was a crime for immigrants to vote in a racy. Yet Americans have been pro- ters warning them in Spanish that, ‘‘if federal election. It didn’t say that immi- foundly shocked and disgusted in re- you are an immigrant, voting in a fed- grants who are citizens have the right to cent elections to see so many cynical vote. eral election is a crime that can result attempts to lie to voters in order to in incarceration.’’ Dirty tricks like these turn up every election season, in large part because they are so keep them from casting their ballots. Or the voters in Maryland who re- Let me give just a few examples. In ceived a ‘‘democratic sample ballot’’ rarely punished. But two Democratic senators, Barack Obama of Illinois and Charles last year’s mid-term election, letters featuring a Republican candidate for Schumer of New York, are introducing a bill in Spanish were sent to voters in Or- Governor and a Republican candidate today that would make deceiving or intimi- ange County, CA, stating that it is a for U.S. Senator. dating voters a federal crime with substan- crime for an immigrant to vote. In Or the voters in Virginia who re- tial penalties. fact, immigrants who are naturalized ceived calls from a so-called ‘‘Virginia The bill aims at some of the most com- citizens have the right to vote just as monly used deceptive political tactics. It Elections Commission’’ informing any other American citizen does. them—falsely—that they were ineli- makes it a crime to knowingly tell voters the wrong day for an election. There have In 2006, as well, fliers were handed gible to vote. out on election day in Maryland that Or the voters who were told that they been numerous reports of organized efforts to use telephones, leaflets or posters to tell gave the impression that top Repub- couldn’t vote if they had family mem- voters, especially in minority areas, not to lican candidates for office were Demo- bers who had been convicted of a crime. vote on Election Day because voting has cratic candidates and were endorsed by Of course, these so-called warnings been postponed. prominent African Americans. These have no basis in fact, and are made The bill would also criminalize making fliers were a clear and deliberate at- with only one goal in mind—to keep false claims to voters about who has en- tempt to mislead voters. Americans away from the polls. We see dorsed a candidate, or wrongly telling peo- In Virginia, registered voters re- ple—like immigrants who are registered vot- these problems year after year and ceived recorded calls that falsely stat- election and after election, and my ers in Orange County—that they cannot vote. ed that the recipient of the call was hope is that this bill will finally stop Along with defining these crimes and pro- registered in another State and would these practices in time for the next viding penalties of up to five years’ impris- face criminal charges if they came to election. onment, the bill would require the Justice the polls. That is why I am reintroducing the Department to counteract deceptive election These dirty tricks are not new. In Deceptive Practices and Voter Intimi- information that has been put out, and to re- 2002, fliers were distributed in public dation Prevention Act. It’s a bill that port to Congress after each election on what housing complexes in Louisiana, tell- makes voter intimidation and decep- deceptive practices occurred and what the ing people that they could cast their tion punishable by law, and it contains Justice Department did about them. The bill would also allow individuals to go votes 3 days after election day if the strong penalties so that people who to court to stop deceptive practices while weather was bad. commit these crimes suffer more than they are happening. That is important, given These schemes insult the intelligence just a slap on the wrist. The bill also how uninterested the current Justice De- of those they target, and they insult seeks to address the real harm of these partment has proved to be in cracking down our democracy. Yet they actually seem crimes—people who are prevented from on election season dirty tricks. to be growing more common. The voting by misinformation—by estab- The bill is careful to avoid infringing on shameful reality is that today, Federal lishing a process for reaching out to First Amendment rights, and that is the law does not prohibit wrongdoers from these misinformed voters with accu- right course. But in steering clear of regulating speech, it is not clear how effective spreading these lies. rate information so they can cast their the measure would be in addressing one of It is high time for Congress to do votes in time. the worst dirty tricks of last fall’s election: something about this disgraceful state Senator SCHUMER has joined me in a particular kind of deceptive ‘‘robocall’’ of affairs. The Obama-Schumer bill cre- introducing this legislation, and we are that was used against Democratic Congres- ates a new offense of voter deception. joined by our colleagues, Senator PAT- sional candidates. These calls, paid for by Under our legislation, anyone who in- RICK LEAHY, Chairman of the Judiciary the Republicans, sounded as if they had come tentionally lies to voters about certain Committee, and Senators CARDIN, from the Democrat; when a recipient hung key information will now face both up, the call was repeated over and over. The FEINGOLD, KERRY, FEINSTEIN and CLIN- civil penalties and criminal punish- intent was clearly to annoy the recipients so TON as original co-sponsors to this bill. they would not vote for the Democrat. ment of up to 5 years in prison or a There are some issues in this country While there are already laws that can be $100,000 fine. that are inherently difficult and polit- used against this sort of deceptive telephone The Obama-Schumer bill covers the ical. Making sure that every American harassment, a more specific bill aimed di- facts that are most critical for reach- can cast a ballot shouldn’t be one of rectly at these calls is needed. But the bill ing the polls—facts like where, when,

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It is a real threat to the right Practices and Voter Intimidation Pre- been doing to investigate and combat to vote when criminal elements are de- vention Act of 2007, a measure that these practices. In the information we liberately lying about something as would create new protections and ex- have obtained so far, it is apparent basic—yet as important—as the date of pand existing protections against the that the Justice Department has not the election. These types of lies are the use of deceptive practices in elections. done enough and additional tools are poll taxes of today. They are being There are few things as critical to needed. used to build a barrier around polling the fabric of our Nation, and to Amer- The Deceptive Practices and Voter places and to disenfranchise voters in ican citizenship, as voting. The right to Intimidation Prevention Act of 2007 the most cynical and destructive way. vote and to have your vote count is a would expand the conduct currently Even when misinformation cam- foundational right, like our first prohibited by law to include the dis- paigns are not successful, because vot- amendment rights, because it secures semination of false information within ers are too smart and too determined the effectiveness of other protections. 60 days of an election about the time, to reach the polls, these deceptive The legitimacy of our government is place, and manner of the election, the practices make a mockery out of the dependent on the access all Americans qualifications for voter eligibility, or great tradition of American democ- have to the political process. the sponsor of public communications racy. These despicable attempts have We saw last year in nearly 20 hear- about an election. In addition, it would gone unpunished for far too long. The ings in the House and Senate on the re- provide new means of enforcing these Obama-Schumer bill provides strong authorization of the Voting Rights Act prohibitions and combating such dis- penalties to deter and punish the of- that there is a continuing need for the semination: it creates a private right fense of voter deception. vital voting rights protections that of action for persons aggrieved by the The Obama-Schumer bill will also in- landmark civil rights law provides for dissemination of such false informa- crease the maximum penalty for voter all Americans. But our need to protect tion; it provides criminal penalties for intimidation from 1 year to 5 years in the effective access of voters to the po- such false dissemination of up to 5 prison. Someone who tries to keep vot- litical process does not stop with those years and $100,000; and it provides that ers away from the polls with threats vital protections against discrimina- any person may report such false dis- should not be released with a slap on tion. I am concerned about increasing semination to the Attorney General, the wrist, and our bill will create real efforts on behalf of some candidates and if it is determined that such infor- penalties for this crime. and political parties to interfere with mation is false or deliberately mis- Finally, our legislation also ensures recent elections and undermine the leading, the Justice Department would that lies do not go unanswered and pass participation of many voters. So today be required to take action to provide for truth. Under the Obama-Schumer we take another step toward protecting corrective information. In addition, bill, the Department of Justice will be the exercise of the effective exercise of this bill provides an additional tool for responsible for getting the correct in- voting rights by ensuring that the ac- effective oversight by requiring the At- formation out to voters so that they cess to vote is not undermined by those torney General to report to Congress can get to the polls and cast their vote who would take away that access on allegations of the dissemination of without undue confusion. through deceit and false information. false information within 90 days of an As a check on whether elections are The Deceptive Practices and Voter election. being tainted by these practices, after Intimidation Prevention Act of 2007 By passing this bill and enacting it each election, the Attorney General would provide additional tools and into law, we can continue our march will have to report to Congress about criminal penalties to help combat the towards a more inclusive democracy allegations of voter deception and how kinds of practices used during the 2006 for all Americans. they were handled. We want to make midterms in places like Maryland and Mr. KENNEDY. Mr. President, it’s a sure that the Department of Justice Virginia. In Maryland, Republican privilege to join Senator OBAMA and uses the new tools that would be pro- leaders admitted to distributing mis- our other colleagues in sponsoring the vided under this bill. The Attorney leading flyers in African-American Deceptive Practices and Voter Intimi- General’s reports will give us a founda- communities on election day sug- dation Prevention Act, because it ad- tion for vigorous oversight. gesting that prominent African-Amer- dresses an essential aspect of voting Let me also be clear about what this ican Democrats supported Republican rights. For too long, we’ve ignored the legislation does not do. Senator OBAMA candidates. In Virginia, the FBI has in- festering problem of deceptive prac- and I have taken great care to craft a vestigated calls received by many vot- tices intended to intimidate and de- bill that will not run afoul of the first ers in heavily Democratic precincts di- ceive voters in our national elections amendment or prevent Americans from recting them to the wrong polling and suppress the vote of certain minor- expressing their political opinions. Our sites, giving incorrect information ity groups for partisan gain. The prob- bill strikes a balance between the need about their eligibility to vote, or en- lem is a continuing threat to our de- for political debate and the funda- couraging them not to vote on election mocracy, and it’s up to our new Con- mental right to vote. It is narrowly day. I supported a similar bill, S. 1975, gress to outlaw such practices, and I tailored: it applies only to activities in the last Congress, and I hope that we commend the Senator from Illinois for within 60 days prior to an election, and can move forward in this Congress. his leadership on this basic challenge. it covers only the key facts that voters Regrettably, the problems leading up In doing so, we must be vigilant to need to reach the polls and cast their to and on election day last year were ensure that the bill does not erode the votes without interference. This bill not limited to a few isolated incidents. important division of responsibility in will not limit legitimate debate, and it In the ninth precinct in Tucson, AZ, an the Department of Justice between will not punish honest mistakes. It is area with a heavy percentage of Latino civil rights enforcement by the Civil clear from the dirty tricks that Amer- voters, it has been reported that three Rights Division and the efforts by the ica has witnessed in recent elections vigilantes armed with a clipboard, a Criminal Division to combat voter that the Congress has a compelling in- video camera, and a visible firearm fraud. That division of responsibility is terest in protecting the right to vote stopped only Latino voters as they en- essential to convincing voters, particu- by regulating false speech that dis- tered and exited the polls on election larly those in poor or minority commu- enfranchises voters. We have a respon- day, issuing implied and overt threats. nities to have the trust necessary to sibility to act on that interest for the In Orange County, CA, Republican con- work with the Civil Rights Division sake of all Americans. gressional candidate Tan Nguyen ad- and to inform it of possible civil rights The Obama-Schumer Deceptive Prac- mitted that his campaign staffer sent violations. The bill should clearly pro- tices and Voter Intimidation Preven- letters to 73,000 households, spreading vide that, as traditionally has been the tion Act of 2007 will finally criminalize misinformation about voting require- case, the Voting Section of the Civil efforts to keep voters away from the ments apparently designed to suppress Rights Division may not investigate polls with deliberate lies. I hope and Latino voter turnout. matters of voter fraud, although it

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1430 CONGRESSIONAL RECORD — SENATE January 31, 2007 may provide technical advice and as- Because of the central role of the currently a student at the University sistance to other parts of the Depart- Pell Grant Program, I am deeply con- of Southern Maine and will graduate ment in carrying out the requirements cerned by the significant erosion in the this spring, in large part, because of of this legislation. purchasing power of the Pell grant that the help of Pell grants. As Andrew told We also need to guarantee that addi- has occurred in recent years. In 1975, me, ‘‘Without Pell grants, there is no tional resources are appropriated to the maximum Pell grant represented doubt that I would not have been able carry out the bill’s requirements, so approximately 80 percent of the costs to attend college. Although the current that resources will not be diverted of attending a public, 4-year institu- Pell grant award is a huge help, I still from other important law enforcement tion. Today, it covers only 33 percent feel the stress of sometimes having to activities of the Department. of these costs. decide between a badly-needed new pair In addition, we must ensure that the When lower levels of grant aid are of shoes and making my tuition pay- bill’s civil and criminal provisions are available, students are forced to make ments.’’ Andrew is thriving academi- not misused to erode voter participa- up the difference by taking on larger cally—he is on the Dean’s list—and he tion even further, particularly among and larger amounts of debt to finance is also the student body president and poor and minority voters by wrongly their education. Earlier this month, I is active as a community volunteer. targeting voter registration activities met with two students from the Uni- Increasing the maximum Pell award or chilling legitimate get-out-the-vote versity of Southern Maine who told me by $1,050 is going to make a real dif- efforts by organizations serving the that students graduating from 4-year ference for Andrew and other students public interest. institutions in Maine leave with an av- in their ability to pursue their college I look forward very much to working erage debt of $20,239. As startling as dreams. While I recognize that an in- with my colleagues to deal with these this figure may be, it underestimates crease to $5,100 in a single year is an specific issues, and to enact this impor- the true indebtedness of students, since ambitious goal, it is a worthy one for a tant new measure as part of our funda- it does not take into account credit nation that understands the opportuni- mental responsibility to protect the card debt or private loans that stu- ties that a college education brings. most basic right in our democracy, the dents use to help finance their edu- My legislation also amends the High- right to vote. cation. er Education Act to raise the minimum By Ms. COLLINS: The decline in the value of grant aid Pell award to $500, up from the current S. 454. A bill to provide an increase in and the growing reliance on loans have minimum of $400. The minimum award funding for Federal Pell Grants, to particularly negative consequences for level has not been increased in over 10 amend the Internal Revenue Code of low-income students. In fact, the stag- years. I believe we should ensure that 1986 in order to expand the deduction gering amount of debt required to fi- every student who qualifies for a Pell for interest paid on student loans, raise nance higher education may force some receives at least $500. the contribution limits for Coverdell low-income students to abandon their In addition to our efforts on behalf of Education Savings Accounts, and make plans to attend college altogether. Pell grants, there are other important the exclusion for employer provided As explained in a recent report by steps we can take to put higher edu- educational assistance permanent, and the Educational Policy Institute, cation in the reach of more families. for other purposes; to the Committee ‘‘Grants for Students: What they do, Ten years ago, in my first year as a on Finance. Why they work,’’ people from lower-in- Senator, I introduced S. 930, the ‘‘Col- Ms. COLLINS. Mr. President, I rise come backgrounds often place a higher lege Affordability and Access Act,’’ today to introduce the Improving Ac- value on having money to meet press- which contained three provisions de- cess to Higher Education Act. This leging current needs, and accordingly, are signed to expand access to higher edu- islation would provide an increase in less likely to make investments where cation, and reduce its cost. These three the maximum Pell grant award to the financial return comes only in the provisions were enacted into law, in $5,100, as well as additional benefits to long term. According to the report, amended form, as part of the Taxpayer help make higher education more ac- ‘‘[L]ong term poverty encourages Relief Act of 1997. cessible and affordable. short-term thinking and those who ex- The proposal I am submitting today Our system of higher education is, in perience it tend to identify very builds upon each of those three provi- many ways, the envy of the world, but strongly with the expression ‘one in sions. First, in recognition of the in- its benefits have not been equally the hand is worth two in the bush.’’’ creased cost of higher education, my available. Unfortunately, family in- This is just one reason why the avail- proposal calls for an increase in the tax come still largely determines whether ability of loans does not solve the col- deduction available for interest paid on students will pursue higher education. lege access problem for low-income higher education loans. Second, my Students from families with incomes students, and why grant aid is so cru- proposal calls for a similar increase in above $75,000 are more than twice as cial. the contribution limit for tax-free likely to attend college as students That is why today I am introducing Coverdell Education Savings Accounts. from families with incomes of less than legislation that will raise the max- Third, the bill would make permanent $25,000. imum Pell grant award to $5,100, an in- the current tax-free treatment of em- To help remedy these inequities, the crease of more tha $1,000 in a single ployer-provided educational assistance Federal Government has committed year. While I recognize that this rep- programs. itself to a need-based system of student resents a significant increase in a sin- The value of the tax relief we pro- financial aid designed to help remove gle year, this increase is long overdue. vided 10 years ago has not kept pace the economic barriers to higher edu- The maximum grant award has been with the rising cost of higher education. Central to this effort over the essentially level-funded since Fiscal cation. According to data from the Col- past 30 years has been the Pell grant Year 2002. If we do not act soon Fiscal lege Board, 4-year private colleges now program. Year 2007 will become the fifth year in charge $30,000 per year for tuition, fees, The Pell Grant Program is the larg- a row that the Pell maximum award room, and board. Even after taking in- est source of Federal grant aid and the has been level-funded. flation into account, this represents an cornerstone of our Federal need-based By raising the maximum award to increase of more than $6,000 since the aid system. In 2006, the Pell program $5,100, my home state of Maine will re- 1996–1997 school year. Perhaps even provided approximately $13 billion in ceive approximately $60 million in Pell more troubling, the College Board re- grant aid to more than 5.3 million stu- grant funding, an increase of over $15 ports that the rate of increase has ac- dents. Students with the greatest need million from current levels. This level tually been sharper at public 4-year in- receive the maximum Pell award, of funding would provide Pell grants to stitutions than their private counter- which is currently set at $4,050. And more than 20,000 Maine students. parts. Ten years ago, students attend- Pell grants are truly targeted to the I recently met with Andrew Bossie, a ing any of America’s excellent public neediest of students—Pell recipients first-generation college student from universities would have paid, on aver- have a median family income of only my hometown of Caribou, about the age, just over $9,000 to cover tuition, $15,200. importance of Pell grants. Andrew is fees, room, and board. Today, these

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1431 students can expect to pay nearly proximately 22,100 U.S. servicemembers differential military pay would be $12,800—an increase of 38 percent after in Afghanistan. Many of these men and treated as an employee of the employer taking inflation into account. women are reservists and have been making the payment and allows the By contrast, the student loan inter- called to activity duty, frequently for differential military pay to be treated est deduction we provided as part of multiple tours. Often they own, or are as compensation. the Taxpayer Relief Act of 1997 remains employed, by a small business and This bill also attempts to mitigate at $2,500. It is time that we raise this their activation results in hardship for the financial strains placed on our cap to $3,750, a 50-percent increase. the business. military families while the family Doing so is a step toward recognizing Small businesses with less than 100 member is deployed. To help ease some that investments in higher education employees employ about 18 percent of of this burden, the Active Duty Mili- are essential to the health of our econ- all reservists who hold civilian jobs. tary Tax Relief Act of 2007 would in- omy in an increasingly global, com- Most large businesses have the re- crease the standard deduction for ac- petitive marketplace. sources to provide supplemental in- tive duty military personnel by $1,000 I also believe it is necessary to income to reservist employees called up for 2007 and 2008. In addition, this legis- crease the contribution limits for and to replace them with temporary lation would make permanent the ex- Coverdell Education Savings Accounts. employees. I applaud the businesses isting provision which allows taxpayers Under current law, taxpayers may that have been able to pay supple- to include combat pay as earned in- make contributions of up to $2,000 per mental income to their reservists, but come for purposes of the earned income year to these tax-free higher education it is not easy for small businesses to do tax credit (EITC). Without this provi- accounts. In light of the inflation in the same. sion some military families would no college costs that I have already de- Earlier today, the Small Business longer be eligible to receive the EITC scribed, I believe this contribution and Entrepreneurship Committee held because combat pay is currently not limit ought to be increased to $3,000 per a hearing on veterans’ small business taxable. year. issues. A majority of our veterans re- Last Congress, Senator SMITH and I Finally, my proposal would also ex- turning from Iraq and Afghanistan are introduced the Fallen Heroes Family tend current education benefits pro- Reserve and National Guard members— Savings Act, which we have incor- vided to employees through their em- 35 percent of whom are either self-em- porated into the Active Duty Military ployers. Under current law, a taxpayer ployed or own or are employed by a Tax Relief Act. This provision provides may receive, tax free, up to $5,250 in small business. tax relief for the death gratuity pay- education benefits through their em- We heard some disturbing statistics ment that is given to families that ployers each year. This provision helps about the impact and unintended con- have lost a loved one in combat. This both companies and their employees. sequences the callup of reservists is payment is currently $100,000. Our current tax laws do not allow the Companies that provide this benefit get having on small businesses. According recipients of this payment to use it to a workforce that is current with the to a January 2007 survey conducted by make contributions to tax-preferred latest methods and technologies in the Workforce Management, 54 percent of saving accounts that help with saving field, while their employees get the the businesses surveyed responded that for retirement, health care, or the training they need to advance through they would not hire a citizen soldier if they knew that they could be called up costs of education. Our legislation the ranks. Unfortunately, this provi- would allow military death gratuities sion expires on December 31, 2010. I pro- for an indeterminate amount of time. I am concerned that long callups have to be contributed to certain tax-pre- pose that it be made permanent. ferred accounts. These contributions made it hard for small businesses to be Now is the time for us to make a would be treated as qualified rollovers. commitment to raising the Pell max- supportive of civilian soldiers. The Active Duty Military Tax Relief The contribution limits of these ac- imum award to $5,100, and to providing counts will not be applied to these con- additional relief to families struggling Act of 2007 provides a tax credit to small businesses with fewer than 100 tributions. to afford higher education. Investing in Our service men and women need to employees and the self-employed to higher education is crucial to our eco- know that we are honoring their valor help with the cost of paying the salary nomic future and competitiveness in by taking care of those they leave be- of their reservist employees when they the global economy, and my legislation hind. Helping ease the tax burden on are called to active duty. This legisla- represents a sound investment towards the death gratuity will enable military making the dream of a college edu- tion also provides an additional tax families to save more for retirement, cation a reality for more Americans. I credit to help offset the cost of hiring education, and health care by allowing hope my colleagues will join me in sup- temporary employees to fill vacancies them to put the payment in an account porting this legislation. left by the servicemembers. in which the earnings will accumulate Many reservists who own their own tax-free. By Mr. KERRY: business return from duty to find that These changes to our tax laws will S. 455. A bill to amend the Internal their business is floundering. These tax help our military families with some of Revenue Code of 1986 to provide tax re- credits will help reservists who own their financial burdens. It cannot repay lief to active duty military personnel their own businesses to hire temporary the sacrifices they have made for us, and employers who assist them, and for employees for the duration of their but it is a small way we can support other purposes; to the Committee on tour as well as to assist small busi- our troops and their families at home Finance. nesses deal with the impact of having as well as abroad. Mr. KERRY. Mr. President, today an essential employee called up for ac- The National Military Family Asso- Senator SMITH and I are introducing tive duty. ciation, the Reserve Officers Associa- the Active Duty Military Tax Relief In addition to helping small busi- tion, and The Military Coalition (a Act of 2007. This legislation will help nesses, the Active Duty Military Tax consortium of veterans and military those who are valiantly serving their Relief of 2007 addresses concerns re- organizations representing more than country and the families that they lated to differential military pay, in- 5.5 million members plus their families leave behind. come tax withholding, and retirement and survivors) support this legislation. The best definition of patriotism is plan participation. These provisions I ask unanimous consent that the keeping faith with those who wear the will make it easier for employers who text of this legislation be printed in uniform of our country. That means would like to pay their employees sup- the RECORD. giving our troops the resources they plemental income, above their military There being no objection, the text of need to keep them safe while they are pay, and make pension contributions. the bill was ordered to be printed in protecting us. And it means supporting Our legislation would make differential the RECORD, as follows: our troops at home as well as abroad. military pay subject to Federal income S. 455 Currently, there are over 132,000 mili- tax withholding. In addition, with re- Be it enacted by the Senate and House of Rep- tary personnel serving in Iraq and spect to the retirement plan rules, the resentatives of the United States of America in more are on the way. There are ap- bill provides that a person receiving Congress assembled,

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CREDIT FOR INCOME DIFFERENTIAL FOR result in any reduction in the amount of va- the taxable year divided by 365 days, and EMPLOYMENT OF ACTIVATED MILI- cation time, sick leave, or other nonspecific ‘‘(B) the term ‘average daily military pay TARY RESERVIST AND REPLACE- leave previously credited to or earned by the and allowances’ means— MENT PERSONNEL. qualified employee, and ‘‘(i) the amount paid to the taxpayer dur- (a) IN GENERAL.—Subpart B of part IV of ‘‘(iii) group health plan costs (if any) with ing the taxable year as military pay and al- subchapter A of chapter 1 of the Internal respect to the qualified employee. lowances on account of the taxpayer’s par- Revenue Code of 1986 (relating to foreign tax ‘‘(D) QUALIFIED EMPLOYEE.—The term ticipation in qualified reserve component credit, etc.) is amended by adding at the end ‘qualified employee’ means a person who— duty, divided by the following new section: ‘‘(i) has been an employee of the taxpayer ‘‘(ii) the total number of days the taxpayer ‘‘SEC. 30C. EMPLOYER WAGE CREDIT FOR ACTI- for the 91-day period immediately preceding participates in qualified reserve component VATED MILITARY RESERVISTS. the period during which the employee par- duty, including time spent in travel status. ‘‘(a) GENERAL RULE.—There shall be al- ticipates in qualified reserve component ‘‘(3) QUALIFIED COMPENSATION.—When used lowed as a credit against the tax imposed by duty, and with respect to the compensation paid to a this chapter for the taxable year an amount ‘‘(ii) is a member of the Ready Reserve of qualified self-employed taxpayer for any pe- equal to the sum of— a reserve component of an Armed Force of riod during which the qualified self-em- ‘‘(1) in the case of an eligible small busi- the United States as defined in sections 10142 ployed taxpayer participates in qualified re- ness employer, the employment credit with and 10101 of title 10, United States Code. serve component duty, the term ‘qualified respect to all qualified employees and quali- ‘‘(2) QUALIFIED REPLACEMENT EMPLOYEES.— compensation’ means— fied replacement employees of the taxpayer, ‘‘(A) IN GENERAL.—The employment credit ‘‘(A) the self-employment income (as de- plus with respect to a qualified replacement em- fined in section 1402(b) of the taxpayer which ‘‘(2) the self-employment credit of a quali- ployee of the taxpayer for any taxable year is normally contingent on the taxpayer’s fied self-employed taxpayer. is equal to 40 percent of so much of the indi- presence for work, ‘‘(b) EMPLOYMENT CREDIT.—For purposes of vidual’s qualified compensation attributable ‘‘(B) compensation which is not character- this section— to service rendered as a qualified replace- ized by the taxpayer as vacation or holiday ‘‘(1) QUALIFIED EMPLOYEES.— ment employee as does not exceed $15,000. pay, or as sick leave or pay, or as any other ‘‘(A) IN GENERAL.—The employment credit The employment credit, with respect to all form of pay for a nonspecific leave of ab- with respect to a qualified employee of the qualified replacement employees, is equal to sence, and taxpayer for any taxable year is equal to 40 the sum of the employment credits for each ‘‘(C) the amount paid for insurance which percent of so much of the excess (if any) paid qualified replacement employee under this constitutes medical care for the taxpayer for by the taxpayer to such qualified employee subsection. such year (within the meaning of section 162(l)). of— ‘‘(B) QUALIFIED COMPENSATION.—When used ‘‘(i) the qualified employee’s average daily with respect to the compensation paid to a ‘‘(4) QUALIFIED SELF-EMPLOYED TAXPAYER.— qualified compensation for the taxable year, qualified replacement employee, the term The term ‘qualified self-employed taxpayer’ over ‘qualified compensation’ means— means a taxpayer who— ‘‘(ii) the average daily military pay and al- ‘‘(i) compensation which is normally con- ‘‘(A) has net earnings from self-employ- lowances received by the qualified employee tingent on the qualified replacement em- ment (as defined in section 1402(a)) for the during the taxable year while participating ployee’s presence for work and which is de- taxable year, and in qualified reserve component duty to the ductible from the taxpayer’s gross income ‘‘(B) is a member of the Ready Reserve of exclusion of the qualified employee’s normal under section 162(a)(1), a reserve component of an Armed Force of employment duties, ‘‘(ii) compensation which is not character- the United States. ‘‘(d) COORDINATION WITH OTHER CREDITS.— ized by the taxpayer as vacation or holiday for the aggregate number of days the quali- The amount of credit otherwise allowable fied employee participates in qualified repay, or as sick leave or pay, or as any other under this chapter with respect to compensa- serve component duty during the taxable form of pay for a nonspecific leave of ab- tion paid to any employee shall be reduced year (including time spent in a travel status) sence, and by the credit allowed by this section with re- as does not exceed $25,000. The employment ‘‘(iii) group health plan costs (if any) with spect to such employee. credit, with respect to all qualified employ- respect to the qualified replacement em- ‘‘(e) LIMITATIONS.— ees, is equal to the sum of the employment ployee. ‘‘(1) APPLICATION WITH OTHER CREDITS.—The credits for each qualified employee under ‘‘(C) QUALIFIED REPLACEMENT EMPLOYEE.— credit allowed under subsection (a) for any this subsection. The term ‘qualified replacement employee’ taxable year shall not exceed the excess (if ‘‘(B) AVERAGE DAILY QUALIFIED COMPENSA- means an individual who is hired to replace any) of— TION AND AVERAGE DAILY MILITARY PAY AND a qualified employee or a qualified self-em- ‘‘(A) the regular tax for the taxable year ALLOWANCES.—As used with respect to a ployed taxpayer, but only with respect to the reduced by the sum of the credits allowable qualified employee— period during which such employee or tax- under subpart A and sections 27, 29, and 30, ‘‘(i) the term ‘average daily qualified com- payer participates in qualified reserve com- over pensation’ means the qualified compensation ponent duty, including time spent in travel ‘‘(B) the tentative minimum tax for the of the qualified employee for the taxable status, and, in the case of a qualified em- taxable year. year divided by 365, and ployee, is receiving qualified compensation ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY ‘‘(ii) the term ‘average daily military pay (as defined in paragraph (1)(C)) for which an WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS and allowances’ means— employment credit is allowed as determined OF MEMBERS OF THE RESERVE COMPONENTS OF ‘‘(I) the amount paid to the qualified em- under paragraph (1). THE ARMED FORCES OF THE UNITED STATES.— ployee during the taxable year as military ‘‘(c) SELF-EMPLOYMENT CREDIT.—For pur- No credit shall be allowed under subsection pay and allowances on account of the quali- poses of this section— (a) to a taxpayer for— fied employee’s participation in qualified re- ‘‘(1) IN GENERAL.—The self-employment ‘‘(A) any taxable year, beginning after the serve component duty, divided by credit of a qualified self-employed taxpayer date of the enactment of this section, in ‘‘(II) the total number of days the qualified for any taxable year is equal to 40 percent of which the taxpayer is under a final order, employee participates in qualified reserve so much of the excess (if any) of— judgment, or other process issued or required component duty, including time spent in ‘‘(A) the qualified self-employed taxpayer’s by a district court of the United States travel status. average daily qualified compensation for the under section 4323 of title 38 of the United ‘‘(C) QUALIFIED COMPENSATION.—When used taxable year, over States Code with respect to a violation of with respect to the compensation paid to a ‘‘(B) the average daily military pay and al- chapter 43 of such title, and qualified employee for any period during lowances received by the taxpayer during the ‘‘(B) the 2 succeeding taxable years. which the qualified employee participates in taxable year while participating in qualified ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- qualified reserve component duty, the term reserve component duty to the exclusion of SONS ORDERED TO ACTIVE DUTY FOR TRAIN- ‘qualified compensation’ means— the taxpayer’s normal self-employment du- ING.—No credit shall be allowed under sub- ‘‘(i) compensation which is normally con- ties, section (a) to a taxpayer with respect to any tingent on the qualified employee’s presence for the aggregate number of days the tax- period by taking into account any person for work and which would be deductible from payer participates in qualified reserve com- who is called or ordered to active duty for the taxpayer’s gross income under section ponent duty during the taxable year (includ- any of the following types of duty: 162(a)(1) if the qualified employee were ing time spent in a travel status) as does not ‘‘(A) Active duty for training under any present and receiving such compensation, exceed $25,000. provision of title 10, United States Code. ‘‘(ii) compensation which is not character- ‘‘(2) AVERAGE DAILY QUALIFIED COMPENSA- ‘‘(B) Training at encampments, maneuvers, ized by the taxpayer as vacation or holiday TION AND AVERAGE DAILY MILITARY PAY AND outdoor target practice, or other exercises pay, or as sick leave or pay, or as any other ALLOWANCES.—As used with respect to a under chapter 5 of title 32, United States form of pay for a nonspecific leave of ab- qualified self-employed taxpayer— Code.

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‘‘(C) Full-time National Guard duty, as de- ‘‘(1) IN GENERAL.—For purposes of sub- enue Code of 1986 (defining compensation) is fined in section 101(d)(5) of title 10, United section (a), any differential wage payment amended by adding at the end the following States Code. shall be treated as a payment of wages by new sentence: ‘‘The term ‘compensation’ in- ‘‘(f) GENERAL DEFINITIONS AND SPECIAL the employer to the employee. cludes any differential wage payment (as de- RULES.—For purposes of this section— ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For fined in section 3401(h)(2)).’’. ‘‘(1) ELIGIBLE SMALL BUSINESS EMPLOYER.— purposes of paragraph (1), the term ‘differen- (3) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The term ‘eligible small tial wage payment’ means any payment made by this subsection shall apply to years business employer’ means, with respect to which— beginning after December 31, 2007. any taxable year, any employer which— ‘‘(A) is made by an employer to an indi- (c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(i) employed an average of 100 or fewer vidual with respect to any period during MENTS.— employees on business days during such tax- which the individual is performing service in (1) IN GENERAL.—If this subsection applies able year, and the uniformed services while on active duty to any plan or annuity contract amend- ‘‘(ii) under a written plan of the employer, for a period of more than 30 days, and ment— provides the excess amount described in sub- ‘‘(B) represents all or a portion of the (A) such plan or contract shall be treated section (b)(1)(A) to every qualified employee wages the individual would have received as being operated in accordance with the of the employer. from the employer if the individual were per- terms of the plan or contract during the pe- ‘‘(B) CONTROLLED GROUPS.—For purposes of forming service for the employer.’’. riod described in paragraph (2)(B)(i), and subparagraph (A), all persons treated as a (2) EFFECTIVE DATE.—The amendment (B) except as provided by the Secretary of single employer under subsection (b), (c), made by this subsection shall apply to remu- the Treasury, such plan shall not fail to (m), or (o) of section 414 shall be treated as neration paid after December 31, 2007. meet the requirements of the Internal Rev- a single employer. (b) TREATMENT OF DIFFERENTIAL WAGE enue Code of 1986 or the Employee Retire- ‘‘(2) MILITARY PAY AND ALLOWANCES.—The PAYMENTS FOR RETIREMENT PLAN PUR- ment Income Security Act of 1974 by reason POSES.— term ‘military pay’ means pay as that term of such amendment. (1) PENSION PLANS.— is defined in section 101(21) of title 37, United (2) AMENDMENTS TO WHICH SECTION AP- (A) IN GENERAL.—Section 414(u) of the In- States Code, and the term ‘allowances’ PLIES.— ternal Revenue Code of 1986 (relating to spe- means the allowances payable to a member (A) IN GENERAL.—This subsection shall cial rules relating to veterans’ reemploy- of the Armed Forces of the United States apply to any amendment to any plan or an- ment rights under USERRA) is amended by under chapter 7 of that title. nuity contract which is made— adding at the end the following new para- ‘‘(3) QUALIFIED RESERVE COMPONENT DUTY.— (i) pursuant to any amendment made by graph: The term ‘qualified reserve component duty’ this section, and ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE includes only active duty performed, as des- (ii) on or before the last day of the first PAYMENTS.— ignated in the reservist’s military orders, in plan year beginning on or after January 1, ‘‘(A) IN GENERAL.—Except as provided in support of a contingency operation as de- this paragraph, for purposes of applying this 2009. fined in section 101(a)(13) of title 10, United title to a retirement plan to which this sub- (B) CONDITIONS.—This subsection shall not States Code. section applies— apply to any plan or annuity contract ‘‘(4) CARRYBACK AND CARRYFORWARD AL- ‘‘(i) an individual receiving a differential amendment unless— LOWED.— wage payment shall be treated as an em- (i) during the period beginning on the date ‘‘(A) IN GENERAL.—If the credit allowable ployee of the employer making the payment, the amendment described in subparagraph under subsection (a) for a taxable year ex- ‘‘(ii) the differential wage payment shall be (A)(i) takes effect and ending on the date de- ceeds the amount of the limitation under treated as compensation, and scribed in subparagraph (A)(ii) (or, if earlier, subsection (f)(1) for such taxable year (in ‘‘(iii) the plan shall not be treated as fail- the date the plan or contract amendment is this paragraph referred to as the ‘unused ing to meet the requirements of any provi- adopted), the plan or contract is operated as credit year’), such excess shall be a credit sion described in paragraph (1)(C) by reason if such plan or contract amendment were in carryback to the taxable year preceding the of any contribution or benefit which is based effect, and unused credit year and a credit carryforward on the differential wage payment. (ii) such plan or contract amendment ap- to each of the 20 taxable years following the ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— plies retroactively for such period. unused credit year. ‘‘(i) IN GENERAL.—Notwithstanding sub- SEC. 4. CONTRIBUTIONS OF MILITARY DEATH ‘‘(B) RULES.—Rules similar to the rules of paragraph (A)(i), for purposes of section GRATUITIES TO CERTAIN TAX-FA- section 39 shall apply with respect to the 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), VORED ACCOUNTS. credit carryback and credit carryforward or 457(d)(1)(A)(ii), an individual shall be (a) ROTH IRAS.— under subparagraph (A). treated as having been severed from employ- (1) PROVISION IN EFFECT BEFORE PENSION ‘‘(5) CERTAIN RULES TO APPLY.—Rules simi- ment during any period the individual is per- PROTECTION ACT.—Subsection (e) of section lar to the rules of subsections (c), (d), and (e) forming service in the uniformed services de- 408A of the Internal Revenue Code of 1986 (re- of section 52 shall apply.’’. scribed in section 3401(h)(2)(A). lating to qualified rollover contribution), as (b) NO DEDUCTION FOR COMPENSATION ‘‘(ii) LIMITATION.—If an individual elects to in effect before the amendments made by TAKEN INTO ACCOUNT FOR CREDIT.—Section receive a distribution by reason of clause (i), section 824 of the Pension Protection Act of 280C(a) of the Internal Revenue Code of 1986 the plan shall provide that the individual 2006, is amended to read as follows: (relating to rule for employment credits) is may not make an elective deferral or em- ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— amended— ployee contribution during the 6-month pe- For purposes of this section— (1) by inserting ‘‘or compensation’’ after riod beginning on the date of the distribu- ‘‘(1) IN GENERAL.—The term ‘qualified roll- ‘‘salaries’’, and tion. over contribution’ means a rollover con- (2) by inserting ‘‘30C,’’ before ‘‘45A(a),’’. ‘‘(C) NONDISCRIMINATION REQUIREMENT.— tribution to a Roth IRA from another such ONFORMING AMENDMENT.—Section (c) C Subparagraph (A)(iii) shall apply only if all account, or from an individual retirement 55(c)(2) of the Internal Revenue Code of 1986 employees of an employer (as determined plan, but only if such rollover contribution is amended by inserting ‘‘30C(e)(1),’’ after under subsections (b), (c), (m), and (o)) per- meets the requirements of section 408(d)(3). ‘‘30(b)(3),’’. forming service in the uniformed services de- Such term includes a rollover contribution (d) CLERICAL AMENDMENT.—The table of scribed in section 3401(h)(2)(A) are entitled to described in section 402A(c)(3)(A). For pur- sections for subpart B of part IV of sub- receive differential wage payments on rea- poses of section 408(d)(3)(B), there shall be chapter A of chapter 1 of the Internal Rev- sonably equivalent terms and, if eligible to disregarded any qualified rollover contribu- enue Code of 1986 is amended by adding at participate in a retirement plan maintained tion from an individual retirement plan the end of 30A the following new item: by the employer, to make contributions (other than a Roth IRA) to a Roth IRA. ‘‘Sec. 30C. Employer wage credit for acti- based on the payments on reasonably equiva- ‘‘(2) MILITARY DEATH GRATUITY.— vated military reservists.’’. lent terms. For purposes of applying this ‘‘(A) IN GENERAL.—The term ‘qualified roll- (e) EFFECTIVE DATE.—The amendments subparagraph, the provisions of paragraphs over contribution’ includes a contribution to made by this section shall apply to amounts (3), (4), and (5), of section 410(b) shall apply. a Roth IRA maintained for the benefit of an paid in taxable years beginning after Decem- ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For individual to the extent that such contribu- ber 31, 2006. purposes of this paragraph, the term ‘dif- tion does not exceed the amount received by SEC. 3. DIFFERENTIAL WAGE PAYMENTS. ferential wage payment’ has the meaning such individual under section 1477 of title 10, (a) INCOME TAX WITHHOLDING ON DIFFEREN- given such term by section 3401(h)(2).’’. United States Code, or under section 1967 of TIAL WAGE PAYMENTS.— (B) CONFORMING AMENDMENT.—The heading title 38 of such Code, if such contribution is (1) IN GENERAL.—Section 3401 of the Inter- for section 414(u) of such Code is amended by made not later than 1 year after the day on nal Revenue Code of 1986 (relating to defini- inserting ‘‘AND TO DIFFERENTIAL WAGE PAY- which such individual receives such amount. tions) is amended by adding at the end the MENTS TO MEMBERS ON ACTIVE DUTY’’ after ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- following new subsection: ‘‘USERRA’’. OVERS NOT TO APPLY.—Section 408(d)(3)(B) ‘‘(h) DIFFERENTIAL WAGE PAYMENTS TO AC- (2) DIFFERENTIAL WAGE PAYMENTS TREATED shall not apply with respect to amounts TIVE DUTY MEMBERS OF THE UNIFORMED AS COMPENSATION FOR INDIVIDUAL RETIREMENT treated as a rollover by the subparagraph SERVICES.— PLANS.—Section 219(f)(1) of the Internal Rev- (A).

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Mr. President, I tion, the amount treated as a rollover by ries occurring on or after October 7, 2001, and am pleased to join Senator HATCH and reason of subparagraph (A) shall be treated before the date of the enactment of this Act as investment in the contract.’’. if such contribution is made not later than 1 a bipartisan group of at least 15 origi- (2) PROVISION IN EFFECT AFTER PENSION PRO- year after the date of the enactment of this nal cosponsors in introducing com- TECTION ACT.—Subsection (e) of section 408A, Act. prehensive antiaging legislation—the as in effect after the amendments made by (3) PENSION PROTECTION ACT CHANGES.—Sec- Gang Abatement and Prevention Act of section 824 of the Pension Protection Act of tion 408A(e)(1) of the Internal Revenue Code 2007. 2006, is amended to read as follows: of 1986 (as in effect after the amendments This bill will provide a comprehen- ‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.— made by subsection (a)(2)) shall apply to tax- sive approach to gang violence by: For purposes of this section— able years beginning after December 31, 2007. helping those on the front lines of en- ‘‘(1) IN GENERAL.—The term ‘qualified roll- SEC. 5. TEMPORARY INCREASE IN STANDARD DE- forcement, by adopting new criminal over contribution’ means a rollover con- DUCTION FOR ACTIVE DUTY MILI- tribution— TARY PERSONNEL. laws and tougher penalties against ‘‘(A) to a Roth IRA from another such ac- (a) IN GENERAL.—Paragraph (3) of section those who commit gang-related and count, 63(c) of the Internal Revenue Code of 1986 other violent acts; authorizing hun- ‘‘(B) from an eligible retirement plan, but (defining additional standard deduction for dreds of millions of dollars for gang-re- only if— the aged and blind) is amended to read as fol- lated investigations and prosecutions, ‘‘(i) in the case of an individual retirement lows: and new funds for witness protection; plan, such rollover contribution meets the ‘‘(3) ADDITIONAL STANDARD DEDUCTION.—For and identifying successful community requirements of section 408(d)(3), and the purposes of paragraph (1), the additional programs, and investing significant re- ‘‘(ii) in the case of any eligible retirement standard deduction is the sum of— plan (as defined in section 402(c)(8)(B) other ‘‘(A) the sum of each additional amount to sources in schools and civic and reli- than clauses (i) and (ii) thereof), such roll- which the taxpayer is entitled under sub- gious organizations to prevent teen- over contribution meets the requirements of section (f), plus agers and other young people from section 402(c), 403(b)(8), or 457(e)(16), as appli- ‘‘(B) in the case of a taxable year beginning joining gangs in the first place. cable. in 2007 or 2008, an additional amount of $1,000 On January 10 of this year, officials For purposes of section 408(d)(3)(B), there for an individual for such taxable year if the in Van Nuys, CA, reported that two shall be disregarded any qualified rollover individual who at any time during such tax- teenage boys were shot in a reported contribution from an individual retirement able year is performing service in the uni- gang-related shooting. plan (other than a Roth IRA) to a Roth IRA. formed services while on active duty for a A few weeks earlier, on December 29, period of more than 30 days.’’. ‘‘(2) MILITARY DEATH GRATUITY.— Visalia, CA, law enforcement officials ‘‘(A) IN GENERAL.—The term ‘qualified roll- (b) CONFORMING AMENDMENTS.— over contribution’ includes a contribution to (1) Section 3402(m)(3) of the the Internal reported two separate shootings and a Roth IRA maintained for the benefit of an Revenue Code of 1986 is amended by striking the wounding of two minors. individual to the extent that such contribu- ‘‘for the aged and blind’’. On December 24, San Diego officials tion does not exceed the amount received by (2) Section 6012(a)(1)(B) of such Code is noted how a 16 year old was shot in the such individual under section 1477 of title 10, amended by adding at the end the following leg in gang violence. United States Code, or under section 1967 of new sentence: ‘‘The preceding sentence shall On December 22, a 9-year-old girl in title 38 of such Code, if such contribution is be applied without regard to section Los Angeles was just washing dishes made not later than 1 year after the day on 63(c)(3)(B) and each of the amounts specified in subparagraph (A) shall be increased by the with her mom inside her home—until which such individual receives such amount. gang members exchanged fire across ‘‘(B) ANNUAL LIMIT ON NUMBER OF ROLL- portion of any additional standard deduction OVERS NOT TO APPLY.—Section 408(d)(3)(B) to which the individual is entitled by reason the street, and a bullet tore through shall not apply with respect to amounts of section 63(c)(3)(B).’’. the front wall of her house and struck treated as a rollover by the subparagraph (c) EFFECTIVE DATE.—The amendments her in the head. (A). made by this section shall apply to taxable And that came 5 days after Cheryl ‘‘(C) APPLICATION OF SECTION 72.—For pur- years beginning after December 31, 2006. Green, a 14-year-old black girl who was poses of applying section 72 in the case of a SEC. 6. PERMANENT EXTENSION OF ELECTION talking to friends, was shot and killed distribution which is not a qualified distribu- TO INCLUDE COMBAT PAY AS by two Hispanic gang members. EARNED INCOME FOR PURPOSES OF tion, the amount treated as a rollover by The New York Times just reported on reason of subparagraph (A) shall be treated EARNED INCOME CREDIT. as investment in the contract.’’. (a) IN GENERAL.—Section 32(c)(2)(B)(vi) of the Cheryl Green shooting, but unfor- (b) HEALTH SAVINGS ACCOUNTS AND ARCHER the Internal Revenue Code of 1986, as amend- tunately, I see gang violence in the MSAS.—Sections 220(f)(5) and 223(f)(5) of the ed by section 106 of division A of the Tax Re- news almost every day in California, Internal Revenue Code of 1986 are each lief and Health Care Act of 2006, is amended with gang-related shootings of children amended by adding at the end the following to read as follows: almost too numerous to count. Perhaps flush sentence: ‘‘(vi) a taxpayer may elect to treat the worst occurred last September, ‘‘For purposes of subparagraphs (A) and (B), amounts excluded from gross income by means of section 112 as earned income.’’. when Los Angeles experienced a new rules similar to the rules of section 408A(e)(2) low. (relating to rollover treatment for contribu- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable Three-year-old Kaitlyn Avila was tions of military death gratuity) shall shot point-blank by a gang member apply.’’. years beginning after December 31, 2007. (c) EDUCATION SAVINGS ACCOUNTS.—Section who mistakenly thought her father was 530(d)(5) of the Internal Revenue Code of 1986 By Mrs. FEINSTEIN (for herself, a member of a rival gang. The gang is amended by adding at the end the fol- Mr. HATCH, Mr. SCHUMER, Mr. member shot and wounded her father, lowing new sentence: ‘‘For purposes of this SPECTER, Mr. BIDEN, Mr. KYL, then intentionally fired into little paragraph, rules similar to the rules of sec- Mr. STEVENS, Ms. CANTWELL, Kaitlyn’s chest. tion 408A(e)(2) (relating to rollover treat- Mr. COLEMAN, Ms. MIKULSKI, It is the first time ever that law en- ment for contributions of military death gra- Mr. BAUCUS, Mr. PRYOR, Mr. forcement officials remember a young tuity) shall apply.’’. SALAZAR, Mrs. MURRAY, Mr. child being ‘‘targeted’’ in a gang-re- (d) EFFECTIVE DATES.— ROWN LINTON (1) IN GENERAL.—Except as provided by B , Mrs. C , Mrs. lated shooting. paragraphs (2) and (3), the amendments made DOLE, Mr. CORNYN, Mr. KOHL, Unfortunately, this shooting is only by this section shall apply with respect to and Mr. CASEY): a symptom of the disease that has deaths from injuries occurring on or after S. 456. A bill to increase and enhance taken hold of our cities—gang violence. the date of the enactment of this Act. law enforcement resources committed The violence perpetrated by gang mem- (2) APPLICATION OF AMENDMENTS TO DEATHS to investigation and prosecution of vio- bers affects not only those associated FROM INJURIES OCCURRING ON OR AFTER OCTO- lent gangs, to deter and punish violent with gangs, but also police officers and BER 7, 2001, AND BEFORE ENACTMENT.—The gang crime, to protect law-abiding citi- innocent bystanders. It impacts not amendments made by this section shall apply to any contribution made pursuant to zens and communities from violent only individuals, but also our commu- section 408A(e)(2), 220(f)(5), 223(f)(5), or criminals, to revise and enhance crimi- nities. 530(d)(5) of the Internal Revenue Code of 1986, nal penalties for violent crimes, to ex- It stops mothers from allowing their as amended by this Act, with respect to pand and improve gang prevention pro- children to play outside. It prevents

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1435 the elderly from taking walks in their those murder victims were African Gang killings also impact children neighborhoods. And it creates an envi- American or Latino. and families. Unfortunately, 3–year-old ronment of fear. There can no longer be serious debate Kaitlyn Avila is not alone: There is It is past time for the Federal Gov- that gang violence is a big part of this also 11-year-old Mynisha Crenshaw of ernment to provide a hand of assist- problem. San Bernardino, CA, a little girl shot ance to state and local law enforce- The problem of gang violence in and killed in November 2005; ment. And it is past time to come to America is daunting. According to the Seven-week-old infant Glenn ‘‘Baby grips with our country’s escalating lev- FBI, there are now at least 30,000 gangs G’’ Molex, shot and killed on Sep- els of gang violence. nationwide, with 800,000 members. tember 28, 2003, by one of the ‘‘Down Just last month the FBI released its In California, the State attorney gen- Below’’ Gang after 28 bullets pene- Uniform Crime Report for the first half eral now estimates that there are trated his family’s apartment in San of 2006. The news was disturbing. 171,000 juveniles and adults committed Francisco’s Bayview District; The report showed an alarming in- to criminal street gangs and their way Joseph Swift, a 13-year-old boy shot crease in homicides, assaults, robberies of life. That’s greater than the popu- outside a home after attending church and other violent crimes across the lation of 28 California counties. in Los Angeles in 2003; and U.S.—a surge of nearly 3.7 percent for From 1992 to 2003, there were more Eight-year-old Sunny Elijah Peralez, the first 6 months of 2006. than 7,500 gang-related homicides re- shot in East Los Angeles by the Ghetto This, of course follows on the heels of ported in California. Boyz in 1999. the FBI’s 2005 figures, which had In 2004, more than one-third of the And this problem extends far beyond showed a 2.5 percent jump in violent 2,000 homicides in California—698—were California—as evidenced by 8-year-old crime. gang-related. Kyron Butler, killed by a stray bullet And it is worse among teens and At the time, those 2005 figures had during a Jersey Park Boys gang shoot- young adults. In that same year, near- represented the largest increase in vio- out in Smithfield, VA, in 2003, and 9- ly 50 percent of the murders of 18 to 29 lent crime in the U.S. in 15 years. But year-old Genesis Gonzalez, a little girl year olds were gang related. And near- this newly announced increase for the shot by a car of Crips gang members in ly 60 percent of the murders of teens first half of 2006 is almost 50 percent Nevada in 2002. under 18 were gang related. higher. As gangs have continued to spread The list of people murdered by gangs across our country, increasing in vio- Of course, a big part of this increase includes some of our finest law enforce- is due to gang violence. Just as we lence and power in every State, they ment officers: are no longer just a big city problem. heard when the 2005 figures were re- Oceanside Police Officer, Dan leased, criminologists point to the They have metastasized from Los An- Bessant, gunned down from behind just geles and Chicago to the medium and spread of violent street gangs as a last month, in an incident described as major cause of the 2006 increase in vio- smaller cities where they face less eerily similar to a similar killing in competition. lent crime as well. 2003, when Oceanside Police Officer, The warnings we have received about The FBI now estimates that gangs Tony Zepetella, was shot and killed by are having an impact on at least 2,500 the links between the increase in vio- a known gang member. lent crime and gangs have been steady communities across the nation. Los Angeles Police Officer Ricardo In the latest FBI statistics, violent and consistent. Lizarraga, killed while responding to a crime and murder grew fastest in the When the FBI announced its 2005 fig- domestic violence call, by a man who midsized and smaller cities—not in our ures last June, the Washington Post re- drew a gun and shot him twice in the largest urban areas. The average ported how criminal justice experts back. The suspect was a known mem- midsized city, in fact, had a surge in specifically identified ‘‘an influx of ber of the Rollin20s Bloods. overall violent crime of more than 5 gangs into medium-sized cities’’ as a Merced Police Officer Stephan Gray, percent in a single year. big reason for this increase. According a member of his department’s gang vio- It is clear that gangs engage in drug to the Los Angeles Times, Houston po- lence unit. Gray was shot and killed trafficking, robbery, extortion, pros- lice attributed their 2005 increase to when a suspect—a gang member he had titution, gun trafficking, and murder. gang members who evacuated New Or- encountered before—fired two bullets They destroy neighborhoods, cripple leans after Katrina. into his chest. families and kill innocent people. When the 2006 figures were an- Los Angeles Sherriff’s Deputy Jeffrey Los Angeles Police Department Chief nounced, the Washington Post quoted Ortiz: As a member of his department’s Bill Bratton put it bluntly: criminologist James Alan Fox, who de- anti-gang task force, Ortiz had been There is nothing more insidious than these scribed how ‘‘[w]e have many high- going door to door in a gang-plagued gangs. They are worse than the Mafia. Show crime areas where gangs have made a neighborhood of L.A. He had just me a year in New York where the Mafia in- comeback.’’ The L.A. Times noted how knocked on a door and was checking discriminately killed 300 people. You can’t. ‘‘[e]xperts said the crime upsurge re- IDs when he was shot in the head at Our national gang problem is im- flected an increase in gang violence, point-blank range. The alleged gunman mense and growing, and it is not going particularly in midsized cities.’’ Cities is a suspected gang member wanted on away. Our cities and States need help. like Houston, which experienced a mas- an outstanding warrant for attempted The many law enforcement officers sive 28 percent increase in violent murder. that have spoken to me and others in crime. Burbank Police Officer Matthew my office say one thing clearly—short- The headline for the Sacramento Bee, Pavelka: Two gunmen whom he had term infusions are great, but what they reporting on the FBI’s 31 percent re- stopped for driving without license really need is a long-term Federal com- ported increase in violent crime for plates got out and showered him with mitment to combat gang violence. that county, said it all: ‘‘Gangs blamed gunfire. They were allegedly affiliated A massive report just prepared for for increase, which is part of [a] na- with the Vineland Boys gang. the City of Los Angeles even suggested tional hike in mayhem in ’06.’’ California Highway Patrol Officer that what is needed is a ‘‘Marshal Even among the cities that experi- Thomas Steiner, killed after walking Plan’’ initiative to combat gang vio- enced a 2006 reduction in violent out of the Pomona courthouse after lence. crime—such as Los Angeles, which testifying in a series of traffic cases, by Senator HATCH and I have been intro- moved into the ranks of the safest cit- a 16-year-old intent on ‘‘killing a cop’’ ducing comprehensive Federal gang ies in the U.S.—Mayor Villairaigosa de- to prove himself to the Pomona 12th legislation for over a decade. Our gang scribed gang violence as the ‘‘glaring street gang. bills have been modified and refined exception.’’ Gang crime was up by 14 San Francisco Police Officer Isaac over the years, most recently in legis- percent in Los Angeles—and up 40 per- Espinoza: The first San Francisco po- lation that we negotiated with the cent in San Fernando Valley, and 57 lice officer slain on duty in more than House for possible inclusion in the DOD percent of Los Angeles’ 478 homicides a decade, killed when an apparent Authorization bill last year. for 2006 were attributed to gangs—up 50 ‘‘Westmob’’ gang member fired 14 The bill that we introduce today es- percent from 2005. And 86 percent of rounds from an AK–47 assault rifle. sentially takes that bill, but removes

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Whether called that previously proved to be an impedi- Federal, State and local agents coordi- ‘‘Globalization’’, ‘‘Internationaliza- ment to the larger bill’s passage. nate investigations and prosecutions. tion’’ or some other moniker, the rap- The bill that we offer today will pro- And this $500 million would also be idly growing number of connections be- vide a comprehensive solution to gang split 50/50, so that for every dollar tween suppliers, consumers and fin- violence, combining enforcement and spent on law enforcement, a dollar anciers across national boundaries prevention efforts in a collaborative would be spent on prevention and means that agreements breached and approach that has proven effective in intervention. laws broken on the far side of the world models like Operation Ceasefire, and in This balanced approach—of preven- can harm companies and workers here Modesto, CA. tion and intervention plus tough pen- at home. This bill would establish new Federal alties—will send a clear message to Yet our government has failed to gang crimes and tougher Federal pen- gang members: a new day has arrived. adapt to this new reality. While foreign alties. This bill will provide them with new governments engage in market-dis- Today’s Federal street gang laws are opportunities, with schools and social torting currency manipulation, refuse frankly weak, and are almost never services agencies empowered to make to protect intellectual property rights used. Currently, a person committing a alternatives to gangs a realistic option. and turn a blind eye to labor exploi- gang crime might have extra time But if gang members continue to en- tation—each a violation of trade obli- tacked on to the end of their Federal gage in violence, they will face new and gations to the United States—ours de- sentence. That is because Federal law serious Federal consequences. murs with communiques and consulta- currently focuses on gang violence only I am pleased to report that this bill tions, rather than formal enforcement as a sentencing enhancement, rather has already been endorsed by the Na- action. What makes this abdication of than a crime unto itself. tional Sheriff’s Association, the Inter- its duty to defend the U.S. economy The bill that I offer today would national Association of Chiefs of Po- from unfair foreign practices especially make it a separate Federal crime for lice, and the National Association of troubling is that the tools to do so al- any criminal street gang member to Police Officers. ready exist in the dispute resolution commit, conspire or attempt to com- For more than 10 years now, Senator provisions of various trade agreements. mit violent crimes—including murder, HATCH and I have been trying to pass The distressing reality is that U.S. kidnapping, arson, extortion—in fur- Federal anti-gang legislation. There industry and labor groups are often therance of the gang. have been times when we have gotten rebuffed in attempts to petition the And the penalties for gang members close. Unfortunately, while Congress United States Trade Representative to committing such crimes would in- has failed to act, violent street gangs initiate a formal investigation or bring crease considerably. have only expanded nationwide and be- a dispute resolution action under the For gang-related murder, kidnapping, come more empowered and entrenched relevant multilateral or bilateral trade aggravated sexual abuse or maiming, in other States and communities. agreement, as there seems to be consid- the penalties would range up to life im- I believe this bill can pass the Senate erable institutional momentum among prisonment. and be enacted into law, especially senior officials at USTR and elsewhere For any other serious violent felony, after these changes that we have made in the Administration against bringing the penalty would range up to 30 and our previous negotiations con- formal enforcement action against cer- years—which in the Federal system ducted with members of the House and tain trade partners, and China in par- means without parole. Senate. ticular. And for other crimes of violence—de- The time has arrived for us to finally USTR’s handling of the trade effects fined as the actual or intended use of address this problem, and this bill is of China’s currency manipulation prac- physical force against the person of an- well-suited to help solve it. I urge my tices is representative of the problem. other—the penalty could bring up to 20 colleagues to support this legislation. In September 2004, a U.S. industry coa- years in prison. lition filed a petition under Section 301 The bill would also create a new By Ms. SNOWE (for herself and of the Trade Act of 1974—the statute crime for recruiting juveniles and Mr. ROCKEFELLER): setting forth general procedures for the adults into a criminal street gang, with S. 460. A bill to make determinations enforcement of U.S. trade rights—al- a penalty of up to 10 years, or if the re- by the United States Trade Represent- leging that Chinese currency manipula- cruiting involved a juvenile or recruit- ative under title III of the Trade Act of tion practices constituted a violation ing from prison, up to 20 years; 1974 reviewable by the Court of Inter- of China’s obligations to the United Create new Federal crimes for com- national Trade and to ensure that the States under World Trade Organization mitting violent crimes in connection United States Trade Representative rules, and calling for USTR to conduct with drug trafficking, and increase ex- considers petitions to enforce United an investigation of such practices. isting penalties for violent crimes in States Trade rights, and for other pur- USTR rejected the petition on the day aid of racketeering; poses; to the Committee on Finance. it was filed, contending that ‘‘an inves- Enact a host of other violent crime Ms. SNOWE. Mr. President, when re- tigation would not be effective in ad- reforms, including closing a loophole flecting on the attributes that have dressing the acts, policies, and prac- that had allowed carjackers to avoid made our great country prosperous—its tices covered in the petition. The Ad- convictions, increasing the penalties free market system, its hard-working ministration is currently involved in for those who use guns in violent and enterprising people, its treasured efforts to address with the Government crimes or transfer guns knowing they natural resources—we must not over- of China the currency valuation issues will be used in crimes, limiting bail for look the rule of law as an equal, if not raised in the petition. The USTR be- violent felons who possess firearms, paramount element of the blessings we lieves that initiation of an investiga- and in a number of other respects have secured. Since our Nation’s found- tion under [the Section 301 process] cracking down harder on those who ing, Americans have recognized that would hamper, rather than advance, commit violent crimes; and the success of worthy enterprises in a Administration efforts to address Chi- Make a long-term Federal commit- functioning market require the govern- nese currency valuation policies.’’ ment to fight gangs, by authorizing ment—rather than choosing winners Shortly thereafter, in November of over $1 billion in new funds over the and losers—to consistently and dis- 2004, a Congressional coalition of 12 next 5 years for enforcement, preven- passionately enforce the rules that Senators and 23 Representatives filed a tion, and witness protection. bind all actors. similar Section 301 petition, which was This would include $500 million for While our legal system evolved over rejected by USTR on the same grounds. the development of High Intensity the course of centuries to provide for As noted in USTR’s rejection of these Interstate Gang Activity Areas, or the rule of law throughout our country, petitions, current law allows the Exec- HIIGAAs. the fates of American people and busi- utive to decline to initiate an industry-

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1437 requested investigation where it deter- free market—uniformly operating ‘‘§ 1024. Powers mines that action under Section 301 under the trade rules to which our ‘‘(a) POWERS.—In carrying out the duties of would be ineffective in addressing the trading partners have already agreed— the Office, the Inspector General shall have offending act, policy or practice. The to decide their fate. the power to— merits of USTR’s determination are ‘‘(1) make investigations and reports; unreviewable under current law. USTR By Mr. GRASSLEY: ‘‘(2) obtain information or assistance from S. 461. A bill to amend title 28, any Federal, State, or local governmental used this loophole to avoid having to agency, or other entity, or unit thereof, in- even investigate industry’s claim, let United States Code, to provide an In- cluding all information kept in the course of alone take formal action against spector General for the judicial branch, business by the Judicial Conference of the China. And as we now know, the Ad- and for other purposes; to the Com- United States, the judicial councils of cir- ministration’s ‘‘soft’’ approach to Chi- mittee on the Judiciary. cuits, the Administrative Office of the nese currency manipulation has itself Mr. GRASSLEY. Mr. President, I ask United States Courts, and the United States proven ineffective in addressing the unanimous consent that the text of Sentencing Commission; problem in the two years since these this bill be printed in the RECORD. ‘‘(3) require, by subpoena or otherwise, the There being no objection, the text of attendance and testimony of such witnesses, filings. and the production of such books, records, It is to prevent further disregard for the bill was ordered to be printed in correspondence memoranda, papers, and doc- U.S. businesses and workers seeking a the RECORD, as follows: uments, which subpoena, in the case of con- fair and consequential hearing of their S. 461 tumacy or refusal to obey, shall be enforce- concerns with foreign trade practices Be it enacted by the Senate and House of Rep- able by civil action; that Senator ROCKEFELLER and I today resentatives of the United States of America in ‘‘(4) administer to or take from any person introduce the Trade Complaint and Congress assembled, an oath, affirmation, or affidavit; ‘‘(5) employ such officers and employees, Litigation Accountability Improve- SECTION 1. SHORT TITLE. ment Measures Act, or the ‘‘Trade subject to the provisions of title 5, governing This Act may be cited as the ‘‘Judicial appointments in the competitive service, and CLAIM Act’’. Transparency and Ethics Enhancement Act the provisions of chapter 51 and subchapter The Trade CLAIM Act would amend of 2007’’. III of chapter 53 of such title relating to clas- the Section 301 process to require the SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL sification and General Schedule pay rates; United States Trade Representative to BRANCH. ‘‘(6) obtain services as authorized by sec- act upon an interested party’s petition (a) ESTABLISHMENT AND DUTIES.—Part III tion 3109 of title 5 at daily rates not to ex- to take formal action in cases where a of title 28, United States Code, is amended by ceed the equivalent rate for a position at U.S. trade right has been violated, ex- adding at the end the following: level IV of the Executive Schedule under sec- cept in instances where: the matter has ‘‘CHAPTER 60—INSPECTOR GENERAL FOR tion 5315; and ‘‘(7) the extent and in such amounts as already been addressed by the relevant THE JUDICIAL BRANCH ‘‘Sec. may be provided in advance by appropria- trade dispute settlement body; the for- tions Acts, to enter into contracts and other eign country is taking imminent steps ‘‘1021. Establishment. ‘‘1022. Appointment, term, and removal of arrangements for audits, studies, analyses, to end to ameliorate the effects of the Inspector General. and other services with public agencies and practice; taking action would do more ‘‘1023. Duties. with private persons, and to make such pay- harm than good to the U.S. economy; ‘‘1024. Powers. ments as may be necessary to carry out the or taking action would cause serious ‘‘1025. Reports. duties of the Office. harm to the national security of the ‘‘1026. Whistleblower protection. ‘‘(b) CHAPTER 16 MATTERS.—The Inspector General shall not commence an investiga- United States. ‘‘§ 1021. Establishment tion under section 1023(1) until the denial of The bill would also grant the Court ‘‘There is established for the judicial a petition for review by the judicial council of International Trade jurisdiction to branch of the Government the Office of In- of the circuit under section 352(c) of this review de novo USTR’s denials of Sec- spector General for the Judicial Branch (in title or upon referral or certification to the tion 301 industry petitions to inves- this chapter referred to as the ‘Office’). Judicial Conference of the United States of tigate and take enforcement action ‘‘§ 1022. Appointment, term, and removal of any matter under section 354(b) of this title. against unfair foreign trade laws or Inspector General ‘‘(c) LIMITATION.—The Inspector General shall not have the authority to— practices. Such jurisdiction would in- ‘‘(a) APPOINTMENT.—The head of the Office ‘‘(1) investigate or review any matter that clude the ability to review USTR deter- shall be the Inspector General, who shall be is directly related to the merits of a decision appointed by the Chief Justice of the United minations that U.S. trade rights have or procedural ruling by any judge, justice, or States after consultation with the majority not been violated as alleged in industry court; or and minority leaders of the Senate and the petitions, and the sufficiency of formal ‘‘(2) punish or discipline any judge, justice, Speaker and minority leader of the House of actions taken by USTR in response to or court. Representatives. foreign trade laws or practices deter- ‘‘(b) TERM.—The Inspector General shall ‘‘§ 1025. Reports mined to violate U.S. trade rights. serve for a term of 4 years and may be re- ‘‘(a) WHEN TO BE MADE.—The Inspector The Trade CLAIM Act would give appointed by the Chief Justice of the United General shall— U.S. businesses and workers a greater States for any number of additional terms. ‘‘(1) make an annual report to the Chief say in whether, when and how U.S. ‘‘(c) REMOVAL.—The Inspector General may Justice and to Congress relating to the ac- trade rights should be enforced. The be removed from office by the Chief Justice tivities of the Office; and bill would be particularly beneficial to of the United States. The Chief Justice shall ‘‘(2) make prompt reports to the Chief Jus- small businesses, which—like other pe- communicate the reasons for any such re- tice and to Congress on matters that may re- titioners in Section 301 cases—cur- moval to both Houses of Congress. quire action by the Chief Justice or Con- gress. rently have no avenue to formally ‘‘§ 1023. Duties ‘‘(b) SENSITIVE MATTER.—If a report con- ‘‘With respect to the judicial branch, the challenge the merits of USTR’s deci- tains sensitive matter, the Inspector General Office shall— sions, and are often drowned out by may so indicate and Congress may receive ‘‘(1) conduct investigations of alleged mis- large business interests in industry- that report in closed session. conduct in the judicial branch (other than ‘‘(c) DUTY TO INFORM ATTORNEY GENERAL.— wide Section 301 actions initiated by the United States Supreme Court) under In carrying out the duties of the Office, the USTR. chapter 16, that may require oversight or Inspector General shall report expeditiously By providing for judicial review of other action within the judicial branch or by to the Attorney General whenever the In- USTR decisions not to enforce U.S. Congress; spector General has reasonable grounds to trade rights, the bill provides for im- ‘‘(2) conduct investigations of alleged mis- believe there has been a violation of Federal conduct in the United States Supreme Court, partial third party oversight by a spe- criminal law. cialty court not subject to political that may require oversight or other action ‘‘§ 1026. Whistleblower protection and diplomatic pressures. In delinking within the judicial branch or by Congress; discreet trade disputes from the mer- ‘‘(3) conduct and supervise audits and in- ‘‘(a) IN GENERAL.—No officer, employee, vestigations; agent, contractor or subcontractor in the ju- curial machinations of international ‘‘(4) prevent and detect waste, fraud, and dicial branch may discharge, demote, threat- relations, this Act would end the sac- abuse; and en, suspend, harass or in any other manner rifice of individual industries on the ‘‘(5) recommend changes in laws or regula- discriminate against an employee in the negotiating table, and leave it to the tions governing the judicial branch. terms and conditions of employment because

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The Tribes are preparing tor General in the performance of duties stream water users gain a small to rehabilitate the dilapidated Duck under this chapter. amount of water storage in the Wild Valley Irrigation Project, increase the ‘‘(b) CIVIL ACTION.—An employee injured Horse Reservoir. amount of irrigable lands in agricul- by a violation of subsection (a) may, in a The second purpose of this bill is to tural production, develop a Wildlife civil action, obtain appropriate relief.’’. settle the Tribes’ long-standing claims Habitat Project, and undertake other (b) TECHNICAL AND CONFORMING AMEND- against the United States for damages economic development projects to en- MENT.—The table of chapters for part III of title 28, United States Code, is amended by caused by the Bureau of Reclamation’s hance the Reservation economy and adding at the end the following: Duck Valley Irrigation Project, related contribute to the permanent homeland ‘‘60. Inspector General for the judicial Bureau of Indian Affairs projects, and purpose of the Duck Valley Reserva- branch.’’. the mismanagement of tribal re- tion. sources, particularly the destruction of The maintenance fund, authorized at Mr. REID (for himself and Mr. the Tribe’s salmon and steelhead trout $15 million over 5 fiscal years, would ENSIGN): fishing stock. fund the refurbishment and mainte- S. 462. A bill to approve the settle- The Shoshone-Paiutes have a long nance of the Reservation’s water infra- ment of the water rights claims of the history in Nevada and Idaho. The structure. Shoshone-Paiute Tribes of the Duck Tribes roamed the region well before The Shoshone-Paiute Tribes of Duck Valley Indian Reservation in Nevada, the Duck Valley Reservation was es- Valley Water Rights Settlement Act is to require the Secretary of the Interior tablished by Executive Order in 1877. important legislation. It reflects the to carry out the settlement, and for The Reservation today encompasses compromises of our constituents who other purposes; to the Committee on approximately 290,000 acres of land held worked hard to reach agreement on Indian Affairs. in trust by the federal government for matters that affect their livelihoods Mr. REID. Mr. President, I rise today the Shoshone-Paiute Tribes. and cultures. I believe this bill benefit to introduce legislation to resolve a The Reservation draws water from the Tribes, the ranchers and upstream Nevada water rights matter that has three primary sources: 1. the East Fork water users, and those residents in the lasted more than a decade. of the Owyhee River that flows through northern Nevada and southern Idaho This bill, the Shoshone-Paiute Tribes the Reservation from south to north region. of Duck Valley Water Rights Settle- from the Nevada side; 2. Blue Creek, a I look forward to working with the ment Act, would ratify an agreement tributary to the Owyhee that flows chairman and ranking member of the reached last fall by the State of Ne- north to south through the Reservation Senate Committee on Indian Affairs to vada, the Tribes, many individual until it meets the Owyhee on the Idaho ensure timely review and passage of water users, and the United States. I side of the Reservation; and 3. Mary’s this bill. am pleased that the parties came to- Creek, located in the northeastern part I ask unanimous consent that the gether, asserted their interests, made of the Reservation, flowing northeast- text of the bill be printed in the compromises, and reached an agree- erly through the Reservation and into RECORD. ment. Each party had different—and Idaho. There being no objection, the text of frequently conflicting—water claims, When the Bureau of Indian Affairs’ the bill was ordered to be printed in water needs, and ideas on water use Duck Valley Indian Irrigation Project the RECORD, as follows: and conservation. I appreciate the par- was initiated in the 1930s, the project S. 462 ties’ hard work and their commitment placed over 12,000 acres of land under Be it enacted by the Senate and House of Rep- to end expensive litigation to reach an irrigation. Like many Indian water resentatives of the United States of America in agreement that will permanently re- projects, the Project was only partially Congress assembled, solve the water rights matters along completed and never fully funded, SECTION 1. SHORT TITLE. the East Fork of the Owyhee River. which accounted for the Projects’ dis- This Act may be cited as the ‘‘Shoshone- This bill, if enacted, will ratify the repair, resulted in reduced storage ca- Paiute Tribes of Duck Valley Water Rights agreement reached by the parties. pacity, and an inability to reach the Settlement Act’’. The primary purpose of this bill is to goal of maximizing the acres in produc- SEC. 2. FINDINGS. approve, ratify and confirm the agree- tion. Congress finds that— ment that addresses the Tribes’ water With the construction of the Bureau (1) it is the policy of the United States, in rights, the rights of upstream water of Reclamation’s Owyhee Irrigation accordance with the trust responsibility of users, and the implementation of a Project Dam in the 1930s, the Tribes’ the United States to Indian tribes, to pro- plan for the parties to exercise their mote Indian self-determination and eco- salmon runs were destroyed. nomic self-sufficiency and to settle Indian water rights. The affects of these federal projects water rights claims without lengthy and The Agreement quantifies the Tribes’ on the Tribes’ resources and culture costly litigation, if practicable; surface water rights and groundwater and the Federal Government’s failure (2) quantifying rights to water and devel- claims in Nevada. The Tribes will es- to protect tribal water rights require opment of facilities needed to use tribal tablish a water code and administer places the United States in the posi- water supplies is essential to the develop- the quantified rights on the Reserva- tion of compensating the Tribes for ment of viable Indian reservation economies tion accordingly. their loss. The Tribes value the loss to and the establishment of a permanent res- The Agreement also states that the their resources and culture at level ervation homeland; (3) uncertainty concerning the extent of water rights of the upstream water much higher than what Senator Ensign the right to water of the Shoshone-Paiute users who live off the Reservation will and I propose. While the United States Tribes has limited the access of the Tribes to be determined and administered by the can never fully compensate the Tribes water and financial resources necessary to State Engineer. Under the settlement, for their loss, I appreciate the Tribes’ achieve self-determination and self-suffi- the parties have agreed to a limitation willingness to accept the settlement ciency; on the number of acres that can be irri- figure and put an end to this painful (4) in 2006, the Tribes, the State of Idaho, gated by the upstream water users. part of our sovereign-to-sovereign rela- the affected individual water users, and the The settlement’s implementation tionship. United States resolved all tribal claims to plan describes how the rights of the re- water rights in the Snake River Basin Adju- The bill, if enacted, would authorize dication through a consent decree entered by spective parties will be administered two settlement funds—a development the District Court of the Fifth Judicial Dis- and disputes will be resolved. It de- fund and a maintenance fund. trict of the State of Idaho, requiring no fur- scribes that the surface water basin The development fund, to be author- ther Federal action to implement the Tribes’ will be closed, and provides that a ized at $45 million over 5 fiscal years, water rights in the State of Idaho;

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(5) as of the date of enactment of this Act, (9) UPSTREAM WATER USER.—The term ‘‘up- (A) operation and maintenance of the Duck proceedings to determine the extent and na- stream water user’’ means an individual Valley Irrigation Project and other water-re- ture of the water rights of the Tribes are water user that— lated projects funded under this Act; or pending before the Nevada State Engineer; (A) is located upstream from the Duck Val- (B) water supply and sewer systems for (6) final resolution through litigation of ley Indian Reservation on the East Fork of tribal communities, including the operation the water claims of the Tribes will— the Owyhee River; and and maintenance costs of a water quality (A) take many years; (B) is a signatory to the Agreement. testing laboratory. (B) entail great expense; SEC. 5. APPROVAL, RATIFICATION, AND CON- (3) AUTHORIZATION OF APPROPRIATIONS.— (C) continue to limit the access of the FIRMATION OF AGREEMENT. There is authorized to be appropriated to the Tribes to water, with economic and social (a) IN GENERAL.—Except as provided in sec- Secretary for deposit in the Maintenance consequences; tion 1f of article III of the Agreement, and Fund $3,000,000 for each of fiscal years 2008 (D) prolong uncertainty relating to the except to the extent that the Agreement oth- through 2012. availability of water supplies; and erwise conflicts with this Act, the Agree- (d) ADMINISTRATION OF FUNDS.— (E) seriously impair long-term economic ment is approved, ratified, and confirmed. (1) IN GENERAL.—The Secretary, in accord- planning and development for all parties to (b) PERFORMANCE OF OBLIGATIONS.—The ance with the American Indian Trust Fund the litigation; Secretary and any other head of a Federal Management Reform Act of 1994 (25 U.S.C. (7) after many years of negotiation, the agency obligated under the Agreement shall 4001 et seq.), this Act, and the Agreement, United States, the Tribes, the State, and the perform any action necessary to carry out an shall manage the Funds, including by invest- upstream water users have entered into a obligation under the Agreement in according amounts from the Funds in accordance settlement agreement to resolve perma- ance with this Act. with— nently all water rights of the Tribes in the (A) the Act of April 1, 1880 (25 U.S.C. 161); SEC. 6. TRIBAL WATER RIGHTS. and State; and (a) IN GENERAL.—The Secretary shall hold (8) the Tribes have certain water-related (B) the first section of the Act of June 24, the tribal water rights in trust on behalf of 1938 (25 U.S.C. 162a). claims for damages against the United the United States for the benefit of the States. (2) DISTRIBUTIONS.— Tribes. (A) WITHDRAWALS.— DMINISTRATION SEC. 3. PURPOSES. (b) A .— (i) IN GENERAL.—During any fiscal year, The purposes of this Act are— (1) ENACTMENT OF WATER CODE.—Not later the Tribes may withdraw amounts from the (1) to resolve outstanding issues with re- than 3 years after the date of enactment of Funds if the Secretary approves a plan of the spect to the East Fork of the Owyhee River this Act, the Tribes shall enact a water code Tribes to withdraw amounts under section in the State in such a manner as to provide to administer tribal water rights. 202 of the American Indian Trust Fund Man- important benefits to— (2) INTERIM ADMINISTRATION.—The Sec- agement Reform Act of 1994 (25 U.S.C. 4022). (A) the United States; retary shall regulate the tribal water rights (ii) PLAN TO WITHDRAW AMOUNTS.— (B) the State; during the period beginning on the date of (I) INCLUSION.—In addition to any informa- (C) the Tribes; and enactment of this Act and ending on the date tion required under section 202 of the Amer- (D) the upstream water users; on which the Tribes enact a water code ican Indian Trust Fund Management Reform (2) to achieve a fair, equitable, and final under paragraph (1). Act of 1994 (25 U.S.C. 4022), a plan of the settlement of all claims of the Tribes, mem- (c) LOSS OF TRIBAL WATER RIGHTS.—The Tribes to withdraw amounts under this sub- bers of the Tribes, and the United States on tribal water rights shall not be subject to paragraph shall include a requirement that behalf of the Tribes to the East Fork of the loss by abandonment, forfeiture, or nonuse. the Tribes spend the amounts withdrawn Owyhee River in the State; SEC. 7. DEVELOPMENT AND MAINTENANCE from the Funds during a fiscal year for 1 or (3) to ratify and provide for the enforce- FUNDS. more uses described in subsection (b)(2) or ment of the Agreement among the parties to (a) DEFINITION OF FUNDS.—In this section, (c)(2). the litigation; the term ‘‘Funds’’ means— (II) ENFORCEMENT.—The Secretary may (4) to resolve the Tribes’ water-related (1) the Development Fund; and take administrative or judicial action to en- claims for damages against the United (2) the Maintenance Fund. force a plan of the Tribes to withdraw States; (b) DEVELOPMENT FUND.— amounts. (5) to require the Secretary to perform all (1) ESTABLISHMENT.—There is established (B) REMAINING AMOUNTS.— obligations of the Secretary under the in the Treasury of the United States a fund (i) IN GENERAL.—On approval of an expendi- Agreement and this Act; and to be known as the ‘‘Shoshone-Paiute Tribes ture plan submitted by the Tribes under (6) to authorize the actions and appropria- Water Rights Development Fund’’. clause (ii), the Secretary shall distribute to tions necessary for the United States to (2) USE OF FUNDS.—The Tribes shall use the Tribes amounts in the Funds not with- meet the obligations of the United States amounts in the Development Fund— drawn by the Tribes during the preceding fis- under the Agreement and this Act. (A) to pay or reimburse costs incurred by cal year. the Tribes in acquiring land and water (ii) EXPENDITURE PLAN.— SEC. 4. DEFINITIONS. rights; (I) IN GENERAL.—For each fiscal year, the In this Act: (B) for purposes of cultural preservation; Tribes shall submit to the Secretary for ap- (1) AGREEMENT.—The term ‘‘Agreement’’ (C) to restore or improve fish or wildlife proval an expenditure plan for amounts de- means the agreement entitled the ‘‘Agree- habitat; scribed in clause (i). ment to Establish the Relative Water Rights (D) for fish or wildlife production, water (II) INCLUSIONS.—An expenditure plan of the Shoshone-Paiute Tribes of the Duck resource development, agricultural develop- under subclause (I) shall include— Valley Indian Reservation and the Upstream ment, rehabilitation, and expansion of the (aa) an accounting by the Tribes of any Water Users, East Fork Owyhee River’’ (in- Duck Valley Irrigation Project; funds withdrawn by the Tribes from the cluding all attachments to that agreement). (E) for water resource planning and devel- Funds during the preceding fiscal year, in- (2) DEVELOPMENT FUND.—The term ‘‘Devel- opment; or cluding a description of any use by the opment Fund’’ means the Shoshone-Paiute (F) to pay the costs of designing and con- Tribes of the funds and the amount remain- Tribes Water Rights Development Fund es- structing water supply and sewer systems for ing in the Funds for the preceding fiscal tablished by section 7(b)(1). tribal communities, including— year; and (3) EAST FORK OF THE OWYHEE RIVER.—The (i) a water quality testing laboratory; (bb) a description of the means by which term ‘‘East Fork of the Owyhee River’’ (ii) other appropriate water-related the Tribes will use any amount distributed means the portion of the east fork of the projects and other related economic develop- under this subparagraph. Owyhee River that is located in the State. ment projects; (iii) APPROVAL.—The Secretary shall ap- (4) MAINTENANCE FUND.—The term ‘‘Main- (iii) the development of a water code; and prove an expenditure plan under this sub- tenance Fund’’ means the Shoshone-Paiute (iv) other costs of implementing the Agree- paragraph if the Secretary determines that Tribes Operation and Maintenance Fund es- ment. the plan is— tablished by section 7(c)(1). (3) AUTHORIZATION OF APPROPRIATIONS.— (I) reasonable; and (5) SECRETARY.—The term ‘‘Secretary’’ There is authorized to be appropriated to the (II) consistent with this Act and the Agree- means the Secretary of the Interior. Secretary for deposit in the Development ment. (6) STATE.—The term ‘‘State’’ means the Fund $9,000,000 for each of fiscal years 2008 (C) LIMITATIONS.— State of Nevada. through 2012. (i) TIMING.—No amount from the Funds (in- (7) TRIBAL WATER RIGHT.—The term ‘‘tribal (c) MAINTENANCE FUND.— cluding any interest income accruing to the water right’’ means a right of the Tribes de- (1) ESTABLISHMENT.—There is established Funds) shall be distributed until the waivers scribed in the Agreement relating to water, in the Treasury of the United States a fund under section 8(a) take effect. including groundwater, storage water, and to be known as the ‘‘Shoshone-Paiute Tribes (ii) NO PER CAPITA DISTRIBUTIONS.—No surface water. Operation and Maintenance Fund’’. amount from the Funds (including any inter- (8) TRIBES.—The term ‘‘Tribes’’ means the (2) USE OF FUNDS.—The Tribes shall use est income accruing to the Funds) shall be Shoshone-Paiute Tribes of the Duck Valley amounts in the Maintenance Fund to pay or distributed to a member of the Tribes on a Indian Reservation. provide reimbursement for the costs of— per capita basis.

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(3) FUNDING AGREEMENT.—Notwithstanding (ii) accrued on or before the effective date (3) CONSENT TO JURISDICTION.—The United any other provision of this Act, on receipt of of a waiver under this subsection. States consents to jurisdiction in a proper a request from the Tribes, the Secretary (2) EFFECTIVE DATE.— forum for purposes of enforcing the provi- shall include an amount appropriated under (A) IN GENERAL.—The waiver under para- sions of the Agreement. this subsection in the funding agreement of graph (1) takes effect on the date on which (4) EFFECT OF SUBSECTION.—Nothing in this the Tribes under title IV of the Indian Self- the amounts authorized to be appropriated subsection confers jurisdiction on any State Determination and Education Assistance Act under subsections (b)(3) and (c)(3) of section court to— (25 U.S.C. 458aa et seq.), for use in accord- 7 are distributed to the Tribes. (A) enforce Federal environmental laws re- ance with subsections (b)(2) and (c)(2). (B) TOLLING OF CLAIMS.— lating to the duties of the United States (4) LIABILITY.—The Secretary and the Sec- (i) IN GENERAL.—Each applicable period of under this Act; or retary of the Treasury shall not retain any limitation and time-based equitable defense (B) conduct judicial review of a Federal liability for the expenditure or investment of relating to a claim described in paragraph (1) agency action in accordance with this Act. amounts distributed to the Tribes under this shall be tolled for the period beginning on subsection. the date of enactment of this Act and ending By Mr. MCCAIN (for himself and (5) CAPITAL COSTS NONREIMBURSABLE.—The on the date on which the amounts authorized Mr. FEINGOLD): capital costs associated with the Duck Val- to be appropriated under subsections (b)(3) S. 463. A bill to amend the Federal ley Indian Irrigation Project as of the date of and (c)(3) of section 7 are distributed to the Election Campaign Act of 1971 to clar- enactment of this Act, including any capital Tribes. cost incurred with funds distributed under ify when organizations described in (ii) EFFECT OF SUBPARAGRAPH.—Nothing in section 527 of the Internal Revenue this subsection for that project, shall be per- this subparagraph revives any claim or tolls manently nonreimbursable. any period of limitation or time-based equi- Code of 1986 must register as political SEC. 8. TRIBAL WAIVER OF CLAIMS. table defense that expired before the date of committees, and for other purposes; to (a) WAIVERS.— enactment of this Act. the Committee on Rules and Adminis- (1) IN GENERAL.—Except as otherwise pro- (c) RETENTION OF RIGHTS.— tration. vided in the Agreement and this Act, the (1) IN GENERAL.—The Tribes shall retain all Mr. McCAIN. Mr. President, once Tribes, and the United States on behalf of rights not waived by the Tribes, or the again I am pleased to be joined by my the Tribes, waive and release— United States on behalf of the Tribes, in the good friend and colleague Senator (A) all claims to water in the East Fork of Agreement or this Act. FEINGOLD from Wisconsin in intro- the Owyhee River and all claims to injury re- (2) CLAIMS OUTSIDE RESERVATION.—Nothing lating to that water; and ducing a bill to end the illegal practice in the Agreement or this Act shall be consid- of 527 groups spending soft money on (B) all claims against the State, any agen- ered to be a waiver by the Tribes of any cy or political subdivision of the State, or claim to a right on land outside the Duck ads and other activities to influence any person, entity, or corporation relating Valley Indian Reservation. Federal elections. to injury to a right of the Tribe under any (3) FUTURE ACQUISITION OF WATER RIGHTS.— This bill is very simple. It would re- Executive order entered on behalf of the Nothing in the Agreement or this Act pre- quire that all 527s register as political Tribes, to the extent that the injury— cludes the Tribes, or the United States as committees and comply with Federal (i) resulted from a flow modification or a trustee for the Tribes, from acquiring a campaign finance laws, including Fed- reduction in the quantity of water available; water right in the State to the same extent and eral limits on the contributions they as any other entity in the State, in accord- receive, unless the money they raise (ii) accrued on or before the effective date ance with State law. of the Agreement. and spend is only in connection with SEC. 9. MISCELLANEOUS. (2) ENFORCEMENT OF WAIVERS.—A waiver of non-Federal candidate elections, State a claim under this subsection by the Tribes, (a) GENERAL DISCLAIMER.—The parties to or local ballot initiatives, or the nomi- or the United States on behalf of the Tribes, the Agreement expressly reserve all rights nation or confirmation of individuals not specifically granted, recognized, or relin- shall be enforceable in the appropriate to non-elected offices. forum. quished by— (1) the settlement described in the Agree- Additionally, this legislation would (3) EFFECTIVE DATE.—A waiver by the set new rules for Federal political com- Tribes, or the United States on behalf of the ment; or Tribes, of a claim under this subsection shall (2) this Act. mittees that spend funds on voter mo- take effect on the date on which the Sec- (b) LIMITATION OF CLAIMS AND RIGHTS.— bilization efforts effecting both Federal retary publishes in the Federal Register a Nothing in this Act— and local races and, therefore, use both statement of findings that includes a finding (1) establishes a standard for quantifying— a Federal and a non-Federal account that— (A) a Federal reserved water right; under Federal Election Commission (A) all parties to the Agreement have exe- (B) an aboriginal claim; or (FEC) regulation. The new rules would (C) any other water right claim of an In- cuted the Agreement; prevent unlimited soft money from (B) a decree acceptable to each party to dian tribe in a judicial or administrative the Agreement has been entered by the proceeding; or being channeled into Federal election Fourth Judicial District Court, Elko County, (2) limits the right of a party to the Agree- activities by these Federal political Nevada; and ment to litigate any issue not resolved by committees. (C) the Agreement has been ratified under the Agreement or this Act. Under the new rules that would be es- section 5(a). (c) ADMISSION AGAINST INTEREST.—Nothing tablished under this bill, at least half (b) WAIVER AND RELEASE OF CLAIMS in this Act shall be considered to be an ad- of the funds spent on these voter mobi- AGAINST THE UNITED STATES.— mission against interest by a party in any lization activities by Federal political (1) IN GENERAL.—In consideration of per- legal proceeding. committees would have to be hard formance by the United States of all actions (d) DUCK VALLEY RESERVATION.—The Duck required by the Agreement and this Act, in- Valley Indian Reservation established by the money from their Federal account. cluding the authorization of appropriations Executive order dated April 16, 1877, as ad- More importantly, the funds raised for under subsections (b)(3) and (c)(3) of section justed pursuant to the Executive order dated their non-Federal account would have 7, the Tribe shall execute a waiver and re- May 4, 1886, and Executive order numbered to come from individuals and would be lease of any claim against the United States 1222 and dated July 1, 1910, for use and occu- limited to no more than $25,000 per for— pation by the Western Shoshones and the year per donor. Corporations and labor (A) a water right in the East Fork of the Paddy Cap Band of Paiutes shall be— unions could not contribute to these Owyhee River; (1) considered to be the property of the non-Federal accounts. To put it in sim- (B) an injury to a right described in sub- Tribes; and paragraph (A); (2) permanently held in trust by the United ple terms, a George Soros could give (C) breach of trust— States for the sole use and benefit of the $25,000 per year as opposed to $10 mil- (i) for failure to protect, acquire, or de- Tribes. lion to finance these activities. velop a water right that accrued on or before (e) JURISDICTION.— It is unfortunate that we even need the effective date of a waiver under this sub- (1) SUBJECT MATTER JURISDICTION.—Nothing to be here introducing this bill today. section; or in the Agreement or this Act restricts, en- This legislation would not be necessary (ii) arising out of the negotiation or adop- larges, or otherwise determines the subject if the FEC would enforce existing law. tion of the Agreement; or matter jurisdiction of any Federal, State, or As my colleagues know, a number of (D) a fishing right under any Executive tribal court. 527 groups raised and spent a substan- order, to the extent that an injury to such a (2) CIVIL OR REGULATORY JURISDICTION.— right— Nothing in the Agreement or this Act im- tial amount of soft money in a blatant (i) resulted from a reduction in the quan- pairs or impedes the exercise of any civil or effort to influence the outcome of the tity of water available in the East Fork of regulatory authority of the United States, 2004 Presidential election. These activi- the Owyhee River; and the State, or the Tribes. ties are illegal under existing laws,

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The same analysis shows Finally, the bill makes an important mittee markup have been carried for- that ten donors gave at least $4 million change with respect to the non-federal ward in the bill we introduce today. each to 527s involved in the 2004 elec- portion of the allocable activities. We They improved and strengthened the tions and two donors each contributed put a limit of $25,000 per year on the bill. Unfortunately, other amendments over $20 million. Let me be perfectly contributions that can be accepted for were added during the Rules Com- clear on one point here. Our proposal that non-federal account. This means mittee consideration of the bill that we will NOT shut down 527s. It will simply no more million dollar soft money con- could not support. So the bill that we require them to abide by the same Fed- tributions to pay for get-out-the-vote are introducing today is the same as eral regulations every other Federal efforts in the presidential campaign. the bill that went to markup in 2005, political committee must abide by in Nothing in this bill will affect legiti- not the bill that was reported. spending money to influence Federal mate 501(c) advocacy groups. The bill In closing, let me remind my col- elections. only applies to groups that claim a tax Opponents of campaign finance re- leagues that the soft money loophole exemption under section 527. was first opened by FEC rulings in the form like to point out that the activi- Having laid out the central compo- late ’70s. By the time we started work ties of these 527s serve as proof that nents of the bill, let me discuss how on BCRA, the problem had mush- the Bipartisan Campaign Reform Act this bill has evolved, and the dif- roomed and led to the scandals we saw (BCRA) has failed in its stated purpose, ferences between this bill and the bill in the 1996 campaign. When we passed which is to eliminate the corrupting we introduced in 2005. In the last Con- BCRA, I said we would have to be vigi- influence of soft money in our political gress, we made a great deal of progress lant to make sure that the FEC en- campaigns. Let me be perfectly clear working with the Senator from Mis- forced the law and that similar loop- on this. The 527 issue has nothing to do sissippi, who at the time chaired the holes did not develop. That is what we with BCRA, it has everything to do Rules Committee. Prior to taking the are trying to do here. with the Federal Election Campaign bill to a markup in the spring of 2005, I have no doubt that if we don’t act Act of 1974 and the failure of the FEC Senator LOTT worked with us to clarify to properly regulate the activities of the bill and address some of the con- on this 527 problem now, we will see these groups. cerns that had been raised about it. more problems explode into scandals The bill Senator FEINGOLD and I are The bill we are introducing today is over the next few election cycles. In introducing today is designed to put an identical to the ‘‘Chairman’s Mark’’ the 2004 cycle, Federal-oriented 527s end to the abusive, illegal practices of spend $423 million. In fact, there were that Senator LOTT brought before the these 527s. I urge my colleagues to sup- Rules Committee last year. two donors who each contributed over port swift passage of this bill and put While the original bill exempted 527s $20 million. We cannot afford to wait an end to this problem once and for all. engaged exclusively in state elections until another presidential campaign Mr. FEINGOLD. Mr. President, I am from the registration requirement, it season is in full bloom before address- pleased to be working once again with denied the exemption to groups that ing this problem. This FEC-ordained my partner in reform, the senior Sen- carry out ‘‘voter drive activities’’—de- loophole threatens to further under- ator from Arizona, Senator MCCAIN, to fined as get-out-the vote, voter ID, or mine the federal election laws. We introduce the 527 Reform Act. must close it this year. Our purpose is simple—to pass legis- voter registration—during a federal lation that will do what the FEC could election year. This made the exemption too narrow, so we looked for an- By Mr. ROCKEFELLER (for him- and should do under current law, but, self, Ms. COLLINS, and Mr. NEL- once again, has failed to do. Current other way to ensure that state 527s that only work on behalf of non-Fed- SON of Florida): Federal election law requires these S. 464. A bill to amend title XVIII groups to register as political commit- eral officeholders will not have to become Federal PACs. and XIX of the Social Security Act to tees and to stop raising and spending improve the requirements regarding soft money. But the FEC has failed to The Chairman’s Mark, and this advance directives in order to ensure enforce the law, so we must act in the year’s bill, completely exempt organi- that an individual’s health care deci- Congress. This bill will make it abso- zations of State and local candidates or sions are complied with, and for other lutely clear that the federal election officeholders. Groups such as the purposes; to the Committee on Fi- laws apply to 527 organizations. Democratic Governors Association, Re- We had to something similar with publican Governors Association, or a nance. BCRA, the Bipartisan Campaign Re- state legislative caucus would be ex- By Mr. NELSON of Florida (for form Act, which passed in 2002, closing empt, as long as their voter drive ac- the soft money loophole that the FEC tivities only mention state candidates himself, Mr. LUGAR, Mr. ROCKE- created in the late ’70s and expanded in or ballot issues. These groups do not FELLER, Ms. COLLINS Mr. DUR- the ’90s. That struggle took seven qualify for the exemption, however, if BIN, and Mr. BINGAMAN): years. We have now been seeking to they mention Federal candidates in S. 465. A bill to amend titles XVIII bring 527s within the law for four. their communications. and XIX of the Social Security Act and This bill will require all 527s to reg- Second, the bill provides a slightly title III of the Public Health Service ister as political committees unless narrower exemption for State PACs Act to improve access to information they fall into a number of narrow cat- that are active only in State elections. about individuals’ health care options egories. The exceptions are basically The only additional requirements for and legal rights for care near the end of for groups that Congress exempted these PACs to qualify for an exemption life, to promote advance care planning from disclosure requirements because are that they can only be active in a and decisionmaking so that individ- they are so small or for groups that are single State, and they cannot have a uals’ wishes are known should they be- involved exclusively in State election candidate for Federal office or Federal come unable to speak for themselves, activity. Once a group registers as a officeholder controlling or partici- to engage health care providers in dis- political committee, certain activities, pating in the organization or raising seminating information about and as- such as ads that mention only Federal money for it. sisting in the preparation of advance candidates, will have to be paid for Finally, we made a number of directives, which include living wills solely with hard money. changes to ensure that Federal PACs and durable powers of attorney for Under current rules, the FEC permits that allocate expenditures can use non- health care, and for other purposes; to Federal political committees to main- Federal money for expenditures de- the Committee on Finance.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1442 CONGRESSIONAL RECORD — SENATE January 31, 2007 By Mr. ROCKEFELLER (for him- Americans is perplexing, disjointed, I ask unanimous consent that the self, Mr. NELSON of Florida, and and lacking an active dialogue. We can, text of each of these bills be printed in Mr. LUGAR): and must, take action to make this the RECORD. S. 466. A bill to amend title XVIII of process as easy as possible. There being no objection, the text of the Social Security Act to provide for It is not surprising that we face this the bills was ordered to be printed in coverage of an end-of-life planning con- problem. Health care professionals fre- the RECORD, as follows: sultation as part of an initial preven- quently use terms that are too tech- S. 464 tive physical examination under the nical or confusing for the average per- Be it enacted by the Senate and House of Rep- Medicare program; to the Committee son. Patients who appear too sick to resentatives of the United States of America in on Finance. participate in the discussions may be Congress assembled, Mr. ROCKEFELLER. Mr. President, excluded from determining their own SECTION 1. SHORT TITLE; TABLE OF CONTENTS. death is by no means an easy subject to destiny. And all too often the entire (a) SHORT TITLE.—This Act may be cited as the ‘‘Advance Planning and Compassionate talk about; nonetheless, end-of-life conversation never happens due to the care continues to be a controversial Care Act of 2007’’. discomfort of all parties involved. As a (b) TABLE OF CONTENTS.—The table of con- topic that must be addressed. Today, I result, patients and families, suffer tents of this Act is as follows: am introducing three bills that I hope needlessly during these already dif- Sec. 1. Short title; table of contents. will go a long way to improve end-of- ficult times. A report issued by the In- Sec. 2. Development of standards to assess life care in this country. Senator stitute of Medicine Committee on Care end-of-life care. SUSAN COLLINS and I are reintroducing at the End of Life stated that, and I Sec. 3. Study and report by the Secretary of our Advance Planning and Compas- Health and Human Services re- quote, ‘‘suffering arises when the ag- garding the establishment and sionate Care Act, comprehensive legis- gressive use of ineffectual or intrusive lation that would ensure that patients’ implementation of a national interventions serves to prolong the pe- uniform policy on advance di- final wishes for end-of-life care are riod of dying unnecessarily or to dis- rectives. known, respected, and complied with. honor the dying person’s wishes about Sec. 4. Improvement of policies related to This legislation has been introduced in care. Too often, dying people and their the use of advance directives. each Congress since the 105th Congress. families are either not aware of these Sec. 5. National information hotline for end- I am hopeful that we will be able to of-life decisionmaking and hos- care options, not fully apprised of the pice care. move it this year. probable benefits and burdens of these I am also introducing the Medicare Sec. 6. Demonstration project for innovative various options, or are the recipients of and new approaches to end-of- End-of-Life Care Planning Act with care that is inconsistent with their life care for Medicare, Med- Senators LUGAR and BILL NELSON. This wishes as expressed in written or oral icaid, and SCHIP beneficiaries. important bill is based on an amend- directives.’’ Sec. 7. Establishment of End-of-Life Care ment that I introduced during the Fi- Advisory Board. Despite these shortcomings, the evi- nance Committee’s consideration of SEC. 2. DEVELOPMENT OF STANDARDS TO AS- dence tells us that most people want to the Deficit Reduction Act in 2005. It SESS END-OF-LIFE CARE. discuss advanced directives when they would require physician consultation (a) IN GENERAL.—The Secretary of Health are healthy and they want their fami- regarding advance directives during and Human Services, in consultation with lies involved in the process. According the Administrator of the Centers for Medi- the initial ‘‘Welcome to Medicare’’ to the American Psychological Asso- care & Medicaid Services, the Director of the physician visit. An end-of-life care con- ciation, almost 60 percent of individ- National Institutes of Health, the Adminis- sultation during a Medicare recipient’s uals 65 or older state that they want trator of the Agency for Health Care Policy first contact with the program would and Research, and the End-of-Life Care Advi- their family to be given choices about emphasize the importance of advance sory Board (established under section 7), treatment should they become inca- planning and give him or her the tools shall develop outcome standards and meas- pacitated rather than leaving the deci- necessary to understand advance direc- ures to— sion up to physicians. How can we tives, the Medicare hospice benefit, and (1) evaluate the performance of health care allow these serious problems to persist programs and projects that provide end-of- other end-of-life care concerns. Having when dealing with the lives of our fam- life care to individuals, including the quality such a benefit in Medicare would un- ily and friends? of the care provided by such programs and doubtedly improve patient care and projects; and quality at the end-of-life. Death is hard to think about. Death (2) assess the access to, and utilization of, The final bill that I would like to is hard to talk about. And the final pe- such programs and projects, including dif- talk about today is the Advance Direc- riod of time leading up to our death is ferences in such access and utilization in tives Improvement and Education Act, hard to plan. But we must encourage rural and urban areas and for minority popu- legislation that I am cosponsoring with our family, our friends, and our loved lations. ones to discuss this difficult topic in an (b) REPORT TO CONGRESS.—Not later than 2 Senators BILL NELSON and RICHARD years after the date of enactment of this LUGAR. The Advance Directives Im- open and effective manner in order to avoid any additional pain when a loved Act, the Secretary of Health and Human provement and Education Act com- Services shall submit to Congress a report on plements both of the bills I am intro- one passes away. We must also provide the outcome standards and measures devel- ducing today. It includes my language them the best tools to do so. oped under subsection (a), together with rec- on the ‘‘Welcome to Medicare’’ doctor’s The legislation I am introducing ommendations for such legislation and ad- visit, which I believe is critical, but it today accomplishes this objective by ministrative actions as the Secretary con- also includes two other important pro- developing standards for end-of-life siders appropriate. care, facilitating opportunities for pa- SEC. 3. STUDY AND REPORT BY THE SECRETARY visions. It improves the policies for use OF HEALTH AND HUMAN SERVICES and portability of advance directives tients to discuss end-of-life issues with REGARDING THE ESTABLISHMENT across state lines, and it directs the a trained professional, and authorizing AND IMPLEMENTATION OF A NA- Secretary of HHS to conduct a public funds for demonstration projects on in- TIONAL UNIFORM POLICY ON AD- VANCE DIRECTIVES. education campaign on the importance novative approaches to end-of-life care. (a) STUDY.— of end-of-life planning. Death is a serious, personal, and (1) IN GENERAL.—The Secretary of Health I am happy to be an author of each of complicated issue that is eventually and Human Services shall conduct a thor- these bills. As we have seen recently relevant to each and every one of us. ough study of all matters relating to the es- with the well-publicized case of Terri Americans deserve end-of-life care that tablishment and implementation of a na- Shiavo, end-of-life decision making can is effective in fulfilling individual tional uniform policy on advance directives be confusing and cause added anguish wishes, avoiding unnecessary disputes, for individuals receiving items and services to an already sorrowful situation. The and, most importantly, providing qual- under titles XVIII and XIX of the Social Se- delicate nature of life and love make it ity end-of-life care. Therefore, I urge curity Act (42 U.S.C. 1395 et seq.; 1396 et seq.). very difficult to create strict rules gov- my colleagues to join us in improving (2) MATTERS STUDIED.—The matters studied erning end-of-life care, nor should we end-of-life care and reducing the by the Secretary of Health and Human Serv- want to. In its present form, however, amount of grief that inevitably comes ices under paragraph (1) shall include issues end-of-life planning and care for most with losing those who we hold dear. concerning—

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(A) family satisfaction that a patient’s instructions made while an individual was (2) REPORT.—Not later than 18 months wishes, as stated in the patient’s advance di- able to express the wishes of such individual after the date of enactment of this Act, the rective, were carried out; with regard to health care. Secretary of Health and Human Services (B) the portability of advance directives, ‘‘(ii) For purposes of clause (i), the term shall submit to Congress a report on the including cases involving the transfer of an ‘actual knowledge’ means the possession of study conducted under paragraph (1), to- individual from 1 health care setting to an- information of an individual’s wishes com- gether with recommendations for such legis- other; municated to the health care provider orally lation and administrative actions as the Sec- (C) immunity from civil liability and or in writing by the individual, the individ- retary considers appropriate. criminal responsibility for health care pro- ual’s medical power of attorney representa- (d) EFFECTIVE DATES.— viders that follow the instructions in an in- tive, the individual’s health care surrogate, (1) IN GENERAL.—Subject to paragraph (2), dividual’s advance directive that was validly or other individuals resulting in the health the amendments made by subsections (a) and executed in, and consistent with the laws of, care provider’s personal cognizance of these (b) shall apply to provider agreements and the State in which it was executed; wishes. Other forms of imputed knowledge contracts entered into, renewed, or extended (D) conditions under which an advance di- are not actual knowledge. under title XVIII of the Social Security Act rective is operative; ‘‘(C) The provisions of this paragraph shall (42 U.S.C. 1395 et seq.), and to State plans (E) revocation of an advance directive by preempt any State law to the extent such under title XIX of such Act (42 U.S.C. 1396 et an individual; law is inconsistent with such provisions. The seq.), on or after such date as the Secretary (F) the criteria used by States for deter- provisions of this paragraph shall not pre- of Health and Human Services specifies, but mining that an individual has a terminal empt any State law that provides for greater in no case may such date be later than 1 year condition; portability, more deference to a patient’s after the date of enactment of this Act. (G) surrogate decisionmaking regarding wishes, or more latitude in determining a pa- (2) EXTENSION OF EFFECTIVE DATE FOR end-of-life care; tient’s wishes.’’. STATE LAW AMENDMENT.—In the case of a (H) the provision of adequate palliative (b) MEDICAID.—Section 1902(w) of the So- State plan under title XIX of the Social Se- care (as defined in paragraph (3)), including cial Security Act (42 U.S.C. 1396a(w)) is curity Act (42 U.S.C. 1396 et seq.) which the pain management; and amended— Secretary of Health and Human Services de- (I) adequate and timely referrals to hospice (1) in paragraph (1)— termines requires State legislation in order care programs. (A) in subparagraph (B)— for the plan to meet the additional require- (3) PALLIATIVE CARE.—For purposes of (i) by striking ‘‘in the individual’s medical ments imposed by the amendments made by paragraph (2)(H), the term ‘‘palliative care’’ record’’ and inserting ‘‘in a prominent part subsection (b), the State plan shall not be re- means interdisciplinary care for individuals of the individual’s current medical record’’; garded as failing to comply with the require- with a life-threatening illness or injury re- and ments of such title solely on the basis of its lating to pain and symptom management (ii) by inserting ‘‘and if presented by the failure to meet these additional require- and psychological, social, and spiritual needs individual, to include the content of such ad- ments before the first day of the first cal- and that seeks to improve the quality of life vance directive in a prominent part of such endar quarter beginning after the close of for the individual and the individual’s fam- record’’ before the semicolon at the end; the first regular session of the State legisla- ily. (B) in subparagraph (D), by striking ‘‘and’’ ture that begins after the date of enactment (b) REPORT TO CONGRESS.—Not later than after the semicolon at the end; of this Act. For purposes of the previous sen- 18 months after the date of enactment of this (C) in subparagraph (E), by striking the pe- tence, in the case of a State that has a 2-year Act, the Secretary of Health and Human riod at the end and inserting ‘‘; and’’; and legislative session, each year of the session Services shall submit to Congress a report on (D) by inserting after subparagraph (E) the is considered to be a separate regular session the study conducted under subsection (a), to- following new subparagraph: gether with recommendations for such legis- of the State legislature. ‘‘(F) to provide each individual with the SEC. 5. NATIONAL INFORMATION HOTLINE FOR lation and administrative actions as the Sec- opportunity to discuss issues relating to the retary considers appropriate. END-OF-LIFE DECISIONMAKING AND information provided to that individual pur- HOSPICE CARE. (c) CONSULTATION.—In conducting the suant to subparagraph (A) with an appro- The Secretary of Health and Human Serv- study and developing the report under this section, the Secretary of Health and Human priately trained professional.’’; ices, acting through the Administrator of Services shall consult with the End-of-Life (2) in paragraph (4), by striking ‘‘a writ- the Centers for Medicare & Medicaid Serv- Care Advisory Board (established under sec- ten’’ and inserting ‘‘an’’; and ices, shall operate directly, or by grant, con- tion 7), the Uniform Law Commissioners, and (3) by adding at the end the following para- tract, or interagency agreement, out of funds other interested parties. graph: otherwise appropriated to the Secretary, a ‘‘(6)(A) An advance directive validly exe- clearinghouse and a 24-hour toll-free tele- SEC. 4. IMPROVEMENT OF POLICIES RELATED TO THE USE OF ADVANCE DIRECTIVES. cuted outside of the State in which such ad- phone hotline in order to provide consumer (a) MEDICARE.—Section 1866(f) of the Social vance directive is presented by an adult indi- information about advance directives (as de- Security Act (42 U.S.C. 1395cc(f)) is amend- vidual to a provider or organization shall be fined in section 1866(f)(3) of the Social Secu- ed— given the same effect by that provider or or- rity Act (42 U.S.C. 1395cc(f)(3)), as amended (1) in paragraph (1)— ganization as an advance directive validly by section 4(a)), end-of-life decisionmaking, (A) in subparagraph (B), by inserting ‘‘and executed under the law of the State in which and available end-of-life and hospice care if presented by the individual, to include the it is presented would be given effect. services. In carrying out the preceding sen- content of such advance directive in a promi- ‘‘(B)(i) The definition of an advanced direc- tence, the Administrator may designate an nent part of such record’’ before the semi- tive shall also include actual knowledge of existing clearinghouse and 24-hour toll-free colon at the end; instructions made while an individual was telephone hotline or, if no such entity is ap- (B) in subparagraph (D), by striking ‘‘and’’ able to express the wishes of such individual propriate, may establish a new clearinghouse after the semicolon at the end; with regard to health care. and a 24-hour toll-free telephone hotline. (C) in subparagraph (E), by striking the pe- ‘‘(ii) For purposes of clause (i), the term SEC. 6. DEMONSTRATION PROJECT FOR INNOVA- riod at the end and inserting ‘‘; and’’; and ‘actual knowledge’ means the possession of TIVE AND NEW APPROACHES TO (D) by inserting after subparagraph (E) the information of an individual’s wishes com- END-OF-LIFE CARE FOR MEDICARE, following new subparagraph: municated to the health care provider orally MEDICAID, AND SCHIP BENE- ‘‘(F) to provide each individual with the or in writing by the individual, the individ- FICIARIES. (a) ESTABLISHMENT.— opportunity to discuss issues relating to the ual’s medical power of attorney representa- (1) IN GENERAL.—The Secretary, acting information provided to that individual pur- tive, the individual’s health care surrogate, through the Administrator of the Centers for suant to subparagraph (A) with an appro- or other individuals resulting in the health Medicare & Medicaid Services, shall conduct priately trained professional.’’; care provider’s personal cognizance of these a demonstration project under which the (2) in paragraph (3), by striking ‘‘a writ- wishes. Other forms of imputed knowledge Secretary contracts with entities operating ten’’ and inserting ‘‘an’’; and are not actual knowledge. programs in order to develop new and inno- (3) by adding at the end the following new ‘‘(C) The provisions of this paragraph shall vative approaches to providing end-of-life paragraph: preempt any State law to the extent such ‘‘(5)(A) An advance directive validly exe- law is inconsistent with such provisions. The care to Medicare beneficiaries, Medicaid cuted outside of the State in which such ad- provisions of this paragraph shall not pre- beneficiaries, and SCHIP beneficiaries. vance directive is presented by an adult indi- empt any State law that provides for greater (2) APPLICATION.—Any entity seeking to vidual to a provider of services, a Medicare portability, more deference to a patient’s participate in the demonstration project Advantage organization, or a prepaid or eli- wishes, or more latitude in determining a pa- shall submit to the Secretary an application gible organization shall be given the same ef- tient’s wishes.’’. in such form and manner as the Secretary fect by that provider or organization as an (c) STUDY AND REPORT REGARDING IMPLE- may require. advance directive validly executed under the MENTATION.— (3) DURATION.—The authority of the Sec- law of the State in which it is presented (1) STUDY.—The Secretary of Health and retary to conduct the demonstration project would be given effect. Human Services shall conduct a study re- shall terminate at the end of the 5-year pe- ‘‘(B)(i) The definition of an advanced direc- garding the implementation of the amend- riod beginning on the date the Secretary im- tive shall also include actual knowledge of ments made by subsections (a) and (b). plements the demonstration project.

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(b) SELECTION CRITERIA.— cedures that result in improved patient out- (2) REPORT BY END-OF-LIFE CARE ADVISORY (1) IN GENERAL.—Subject to paragraphs (2) comes, resource utilization, or both. BOARD ON DEMONSTRATION PROJECT.— and (3), in selecting entities to participate in (v) An analysis of— (A) IN GENERAL.—Not later than 2 years the demonstration project, the Secretary (I) the population served by the program after the conclusion of the demonstration shall select entities that will allow for pro- being evaluated; and project, the End-of-Life Advisory Board shall grams to be conducted in a variety of States, (II) how accurately that population re- submit a report to the Secretary and Con- in an array of care settings, and that reflects the total number of Medicare bene- gress on such project. flect— ficiaries, Medicaid beneficiaries, and SCHIP (B) CONTENTS.—The report submitted (A) a balance between urban and rural set- beneficiaries residing in the area who are in under subparagraph (A) shall contain— tings; need of services offered by such program. (i) an evaluation of the effectiveness of the (B) cultural diversity; and (vi) An analysis of the eligibility require- demonstration project; and (C) various modes of medical care and in- ments and enrollment procedures for the (ii) recommendations for such legislation surance, such as fee-for-service, preferred program being evaluated. and administrative actions as the Board con- provider organizations, health maintenance (vii) An analysis of the services provided to siders appropriate. organizations, hospice care, home care serv- beneficiaries enrolled in the program being (f) FUNDING.—There are appropriated such ices, long-term care, pediatric care, and inte- evaluated and the utilization rates for such sums as are necessary for conducting the grated delivery systems. services. demonstration project and for preparing and (2) PREFERENCES.—The Secretary shall give (viii) An analysis of the structure for the submitting the reports required under sub- preference to entities operating programs provision of specific services under the pro- section (e)(1). (g) DEFINITIONS.—In this section: that— gram being evaluated. (1) DEMONSTRATION PROJECT.—The term (A) will serve Medicare beneficiaries, Med- (ix) An analysis of the costs of providing ‘‘demonstration project’’ means the dem- icaid beneficiaries, or SCHIP beneficiaries specific services under the program being onstration project conducted under this sec- who are dying of illnesses that are most evaluated. tion. prevalent under the Medicare program, the (x) An analysis of any procedures for offer- (2) MEDICAID BENEFICIARIES.—The term Medicaid program, or SCHIP, respectively; ing Medicare beneficiaries, Medicaid bene- ‘‘Medicaid beneficiaries’’ means individuals and ficiaries, and SCHIP beneficiaries enrolled in who are enrolled in the State Medicaid pro- (B) appear capable of sustained service and the program being evaluated a choice of gram. broad replication at a reasonable cost within services and how the program responds to (3) MEDICAID PROGRAM.—The term ‘‘Med- commonly available organizational struc- the preferences of such beneficiaries. icaid program’’ means the health care pro- tures. (xi) An analysis of the quality of care program under title XIX of the Social Security (3) SELECTION OF PROGRAM THAT PROVIDES vided to, and of the outcomes for, Medicare Act (42 U.S.C. 1395 et seq.). PEDIATRIC END-OF-LIFE CARE.—The Secretary beneficiaries, Medicaid beneficiaries, and (4) MEDICARE BENEFICIARIES.—The term shall ensure that at least 1 of the entities se- SCHIP beneficiaries, and the families of such ‘‘Medicare beneficiaries’’ means individuals lected to participate in the demonstration beneficiaries, that are enrolled in the pro- who are entitled to, or enrolled for, benefits project operates a program that provides pe- gram being evaluated. diatric end-of-life care. under part A or enrolled for benefits under (xii) An analysis of any ethical, cultural, (c) EVALUATION OF PROGRAMS.— part B of the Medicare program. or legal concerns— (1) IN GENERAL.—Each program operated by (5) MEDICARE PROGRAM.—The term ‘‘Medi- (I) regarding the program being evaluated; an entity under the demonstration project care program’’ means the health care pro- and shall be evaluated at such regular intervals gram under title XVIII of the Social Secu- (II) with the replication of such program in as the Secretary determines are appropriate. rity Act (42 U.S.C. 1395 et seq.). other settings. (2) USE OF PRIVATE ENTITIES TO CONDUCT (6) SCHIP.—The term ‘‘SCHIP’’ means the (xiii) An analysis of any changes to regula- EVALUATIONS.—The Secretary, in consulta- State children’s health insurance program tions or of any additional funding that would tion with the End-of-Life Care Advisory under title XXI of the Social Security Act result in more efficient procedures or im- Board (established under section 7), shall (42 U.S.C. 1397aa et seq.). proved outcomes under the program being contract with 1 or more private entities to (7) SCHIP BENEFICIARY.—The term ‘‘SCHIP evaluated. coordinate and conduct the evaluations beneficiary’’ means an individual who is en- under paragraph (1). Such a contract may (d) WAIVER AUTHORITY.—The Secretary rolled in SCHIP. may waive compliance with any of the re- not be awarded to an entity selected to par- (8) SECRETARY.—The term ‘‘Secretary’’ ticipate in the demonstration project. quirements of titles XI, XVIII, XIX, and XXI means the Secretary of Health and Human (3) REQUIREMENTS FOR EVALUATIONS.— of the Social Security Act (42 U.S.C. 1301 et Services. seq.; 1395 et seq.; 1396 et seq.; 1397aa et seq.) (A) USE OF OUTCOME MEASURES AND STAND- SEC. 7. ESTABLISHMENT OF END-OF-LIFE CARE ARDS.—In coordinating and conducting an which, if applied, would prevent the dem- ADVISORY BOARD. evaluation of a program conducted under the onstration project carried out under this sec- (a) ESTABLISHMENT.—There is established demonstration project, an entity shall use tion from effectively achieving the purpose within the Department of Health and Human the outcome standards and measures re- of such project. Services an End-of-Life Care Advisory Board quired to be developed under section 2 as (e) REPORTS TO CONGRESS.— (in this section referred to as the ‘‘Board’’). soon as those standards and measures are (1) ANNUAL REPORTS BY SECRETARY.— (b) STRUCTURE AND MEMBERSHIP.— available. (A) IN GENERAL.—Beginning 1 year after (1) IN GENERAL.—The Board shall be com- (B) ELEMENTS OF EVALUATION.—In addition the date of enactment of this Act, and annu- posed of 15 members who shall be appointed to the use of the outcome standards and ally thereafter, the Secretary shall submit by the Secretary of Health and Human Serv- measures under subparagraph (A), an evalua- to Congress a report on the demonstration ices (in this section referred to as the ‘‘Sec- tion of a program conducted under the dem- project and on the quality of end-of-life care retary’’). onstration project shall include the fol- under the Medicare program, the Medicaid (2) REQUIRED REPRESENTATION.—The Sec- lowing: program, and SCHIP, together with rec- retary shall ensure that the following (i) A comparison of the quality of care pro- ommendations for such legislation and ad- groups, organizations, and associations are vided by, and of the outcomes for Medicare ministrative actions as the Secretary con- represented in the membership of the Board: beneficiaries, Medicaid beneficiaries, and siders appropriate. (A) An end-of-life consumer advocacy orga- SCHIP beneficiaries, and the families of such (B) SUMMARY OF RECENT STUDIES.—A report nization. beneficiaries enrolled in, the program being submitted under subparagraph (A) shall in- (B) A senior citizen advocacy organization. evaluated to the quality of care and out- clude a summary of any recent studies and (C) A physician-based hospice or palliative comes for such individuals that would have advice from experts in the health care field care organization. resulted if care had been provided under ex- regarding the ethical, cultural, and legal (D) A nurse-based hospice or palliative care isting delivery systems. issues that may arise when attempting to organization. (ii) An analysis of how ongoing measures of improve the health care system to meet the (E) A hospice or palliative care provider quality and accountability for improvement needs of individuals with serious and eventu- organization. and excellence could be incorporated into ally terminal conditions. (F) A hospice or palliative care representa- the program being evaluated. (C) CONTINUATION OR REPLICATION OF DEM- tive that serves the veterans population. (iii) A comparison of the costs of the care ONSTRATION PROJECTS.—The first report sub- (G) A physician-based medical association. provided to Medicare beneficiaries, Medicaid mitted under subparagraph (A) after the 3- (H) A physician-based pediatric medical as- beneficiaries, and SCHIP beneficiaries under year anniversary of the date the Secretary sociation. the program being evaluated to the costs of implements the demonstration project shall (I) A home health-based nurses association. such care that would have been incurred include recommendations regarding whether (J) A hospital-based or health system- under the Medicare program, the Medicaid such demonstration project should be contin- based palliative care group. program, and SCHIP if such program had not ued beyond the period described in sub- (K) A children-based or family-based hos- been conducted. section (a)(3) and whether broad replication pice resource group. (iv) An analysis of whether the program of any of the programs conducted under the (L) A cancer pain management resource being evaluated implements practices or pro- demonstration project should be initiated. group.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1445 (M) A cancer research and policy advocacy ular compensation), and such detail shall be (A) in paragraph (1), by striking ‘‘para- group. without interruption or loss of civil service graph (2),’’ and inserting ‘‘paragraph (2) and (N) An end-of-life care policy advocacy status or privilege. an end-of-life planning consultation (as de- group. (h) PROCUREMENT OF TEMPORARY AND fined in paragraph (3)),’’; and (O) An interdisciplinary end-of-life care INTERMITTENT SERVICES.—The chairperson of (B) by adding at the end the following new academic institution. the Board may procure temporary and inter- paragraph: (3) ETHNIC DIVERSITY REQUIREMENT.—The mittent services under section 3109(b) of title ‘‘(3) For purposes of paragraph (1), the Secretary shall ensure that the members of 5, United States Code, at rates for individ- term ‘end-of-life planning consultation’ the Board appointed under paragraph (1) rep- uals which do not exceed the daily equiva- means a consultation between the physician resent the ethnic diversity of the United lent of the annual rate of basic pay pre- and an individual regarding— States. scribed for level V of the Executive Schedule ‘‘(A) the importance of preparing advance (4) PROHIBITION.—No individual who is a under section 5316 of such title. directives in case an injury or illness causes Federal officer or employee may serve as a (i) FEDERAL ADVISORY COMMITTEE ACT.— the individual to be unable to make health member of the Board. Section 14 of the Federal Advisory Com- care decisions; (5) TERMS OF APPOINTMENT.—Each member mittee Act (5 U.S.C. App.) shall not apply to ‘‘(B) the situations in which an advance di- of the Board shall serve for a term deter- the Board. rective is likely to be relied upon; mined appropriate by the Secretary. (j) TERMINATION.—The Board shall termi- ‘‘(C) the reasons that the development of a (6) CHAIRPERSON.—The Secretary shall des- nate 90 days after the date on which the comprehensive end-of-life plan is beneficial ignate a member of the Board as chair- Board submits the report under section and the reasons that such a plan should be person. 6(e)(2). updated periodically as the health of the in- (c) MEETINGS.—The Board shall meet at the (k) FUNDING.—Funding for the operation of dividual changes; call of the chairperson but not less often the Board shall be from amounts otherwise ‘‘(D) the identification of resources that an than every 3 months. appropriated to the Department of Health individual may use to determine the require- (d) DUTIES.— and Human Services. ments of the State in which such individual (1) IN GENERAL.—The Board shall advise the S. 465 resides so that the treatment wishes of that Secretary on all matters related to the fur- individual will be carried out if the indi- Be it enacted by the Senate and House of Rep- nishing of end-of-life care to individuals. vidual is unable to communicate those wish- resentatives of the United States of America in (2) SPECIFIC DUTIES.—The specific duties of es, including requirements regarding the des- Congress assembled, the Board are as follows: ignation of a surrogate decision maker SECTION 1. SHORT TITLE. (A) CONSULTING.—The Board shall consult (health care proxy); and with the Secretary regarding— This Act may be cited as the ‘‘Advance Di- ‘‘(E) whether or not the physician is will- (i) the development of the outcome stand- rectives Improvement and Education Act of ing to follow the individual’s wishes as ex- ards and measures under section 2; 2007’’. pressed in an advance directive.’’. (ii) conducting the study and submitting SEC. 2. ADVANCE DIRECTIVES. (2) EFFECTIVE DATE.—The amendments the report under section 3; and (a) FINDINGS.—Congress makes the fol- made by paragraph (1) shall apply to initial (iii) the selection of private entities to lowing findings: preventive physical examinations provided conduct evaluations pursuant to section (1) Every year 2,500,000 people die in the on or after January 1, 2008. 6(c)(2). United States. Eighty percent of those peo- (d) IMPROVEMENT OF POLICIES RELATED TO (B) REPORT ON DEMONSTRATION PROJECT.— ple die in institutions such as hospitals, THE USE AND PORTABILITY OF ADVANCE DIREC- The Board shall submit the report required nursing homes, and other facilities. Chronic TIVES.— under section 6(e)(2). illnesses, such as cancer and heart disease, (1) MEDICARE.—Section 1866(f) of the Social (e) MEMBERS TO SERVE WITHOUT COMPENSA- account for 2 out of every 3 deaths. Security Act (42 U.S.C. 1395cc(f)) is amend- TION.— (2) In 1997, the Supreme Court of the ed— (1) IN GENERAL.—All members of the Board United States, in its decisions in Washington (A) in paragraph (1)— shall serve on the Board without compensa- v. Glucksberg and Vacco v. Quill, reaffirmed (i) in subparagraph (B), by inserting ‘‘and tion for such service. the constitutional right of competent adults if presented by the individual (or on behalf of (2) TRAVEL EXPENSES.—The members of the to refuse unwanted medical treatment. In the individual), to include the content of Board shall be allowed travel expenses, in- those cases, the Court stressed the use of ad- such advance directive in a prominent part cluding per diem in lieu of subsistence, at vance directives as a means of safeguarding of such record’’ before the semicolon at the rates authorized for employees of agencies that right should those adults become in- end; under subchapter I of chapter 57 of title 5, capable of deciding for themselves. (ii) in subparagraph (D), by striking ‘‘and’’ United States Code, while away from their (3) A survey published in 2005 estimated after the semicolon at the end; homes or regular places of business in the that the overall prevalence of advance direc- (iii) in subparagraph (E), by striking the performance of services for the Board. tives is 29 percent of the general population, period at the end and inserting ‘‘; and’’; and (f) STAFF.— despite the passage of the Patient Self-De- (iv) by inserting after subparagraph (E) the (1) IN GENERAL.—The chairperson of the termination Act in 1990, which requires that following new subparagraph: Board may, without regard to the civil serv- health care providers tell patients about ad- ‘‘(F) to provide each individual with the ice laws and regulations, appoint and termi- vance directives. opportunity to discuss issues relating to the nate an executive director and such other ad- (4) Competent adults should complete ad- information provided to that individual pur- ditional personnel as may be necessary to vance care plans stipulating their health suant to subparagraph (A) with an appro- enable the Board to perform its duties. The care decisions in the event that they become priately trained professional.’’; employment of an executive director shall be unable to speak for themselves. Through the (B) in paragraph (3), by striking ‘‘a writ- subject to confirmation by the Board. execution of advance directives, including ten’’ and inserting ‘‘an’’; and (C) by adding at the end the following new (2) COMPENSATION.—The chairperson of the living wills and durable powers of attorney Board may fix the compensation of the exec- for health care according to the laws of the paragraph: ‘‘(5)(A) In addition to the requirements of utive director and other personnel without State in which they reside, individuals can paragraph (1), a provider of services, Medi- protect their right to express their wishes regard to chapter 51 and subchapter III of care Advantage organization, or prepaid or and have them respected. chapter 53 of title 5, United States Code, re- eligible organization (as the case may be) (b) PURPOSES.—The purposes of this section lating to classification of positions and Gen- shall give effect to an advance directive exe- are to improve access to information about eral Schedule pay rates, except that the rate cuted outside the State in which such direc- individuals’ health care options and legal of pay for the executive director and other tive is presented, even one that does not ap- personnel may not exceed the rate payable rights for care near the end of life, to pro- pear to meet the formalities of execution, for level V of the Executive Schedule under mote advance care planning and decision- form, or language required by the State in section 5316 of such title. making so that individuals’ wishes are which it is presented to the same extent as (3) PERSONNEL AS FEDERAL EMPLOYEES.— known should they become unable to speak such provider or organization would give ef- (A) IN GENERAL.—The executive director for themselves, to engage health care pro- fect to an advance directive that meets such and any personnel of the Board who are em- viders in disseminating information about requirements, except that a provider or orga- ployees shall be employees under section 2105 and assisting in the preparation of advance nization may decline to honor such a direc- of title 5, United States Code, for purposes of directives, which include living wills and du- tive if the provider or organization can rea- chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that rable powers of attorney for health care, and sonably demonstrate that it is not an au- title. for other purposes. thentic expression of the individual’s wishes (B) MEMBERS OF BOARD.—Subparagraph (A) (c) MEDICARE COVERAGE OF END-OF-LIFE concerning his or her health care. Nothing in shall not be construed to apply to members PLANNING AND CONSULTATIONS AS PART OF this paragraph shall be construed to author- of the Board. INITIAL PREVENTIVE PHYSICAL EXAMINA- ize the administration of medical treatment (g) DETAIL OF GOVERNMENT EMPLOYEES.— TION.— otherwise prohibited by the laws of the State Any Federal Government employee may be (1) IN GENERAL.—Section 1861(ww) of the in which the directive is presented. detailed to the Board without additional re- Social Security Act (42 U.S.C. 1395x(ww)) is ‘‘(B) The provisions of this paragraph shall imbursement (other than the employee’s reg- amended— preempt any State law to the extent such

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1446 CONGRESSIONAL RECORD — SENATE January 31, 2007 law is inconsistent with such provisions. The failure to meet these additional require- amendments made by this section shall take provisions of this paragraph shall not pre- ments before the first day of the first cal- effect on the date of enactment of this Act. empt any State law that provides for greater endar quarter beginning after the close of Mr. NELSON of Florida. Mr. Presi- portability, more deference to a patient’s the first regular session of the State legisla- dent, I am pleased to be joined by my wishes, or more latitude in determining a pa- ture that begins after the date of enactment colleagues and cosponsors Senators tient’s wishes.’’. of this Act. For purposes of the previous sen- (2) MEDICAID.—Section 1902(w) of the Social tence, in the case of a State that has a 2-year JAY ROCKEFELLER and RICHARD LUGAR Security Act (42 U.S.C. 1396a(w)) is amend- legislative session, each year of the session as we introduce the Advance Directives ed— is considered to be a separate regular session Improvement and Education Act of (A) in paragraph (1)— of the State legislature. 2007. (i) in subparagraph (B)— (e) INCREASING AWARENESS OF THE IMPOR- The Advance Directives Improve- (I) by striking ‘‘in the individual’s medical TANCE OF END-OF-LIFE PLANNING.—Title III ment and Education Act of 2007 has a record’’ and inserting ‘‘in a prominent part of the Public Health Service Act (42 U.S.C. simple purpose: to encourage all adults of the individual’s current medical record’’; 241 et seq.) is amended by adding at the end in America, especially those 65 and and the following new part: (II) by inserting ‘‘and if presented by the older, to think about, talk about and ‘‘PART R—PROGRAMS TO INCREASE write down their wishes for medical individual (or on behalf of the individual), to AWARENESS OF ADVANCE DIRECTIVE include the content of such advance direc- PLANNING ISSUES care near the end of life should they be- tive in a prominent part of such record’’ become unable to make decisions for fore the semicolon at the end; ‘‘SEC. 399Z–1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION themselves. Advance directives, which (ii) in subparagraph (D), by striking ‘‘and’’ CLEARINGHOUSES. include a living will stating the indi- after the semicolon at the end; ‘‘(a) ADVANCE DIRECTIVE EDUCATION CAM- vidual’s preferences for care, and a (iii) in subparagraph (E), by striking the PAIGN.—The Secretary shall, directly or period at the end and inserting ‘‘; and’’; and power of attorney for health care, are through grants awarded under subsection (c), critical documents that each of us (iv) by inserting after subparagraph (E) the conduct a national public education cam- following new subparagraph: should have. The goal is clear, but paign— reaching it requires that we educate ‘‘(F) to provide each individual with the ‘‘(1) to raise public awareness of the impor- opportunity to discuss issues relating to the tance of planning for care near the end of the public about the importance of ad- information provided to that individual pur- life; vance directives, offer opportunities suant to subparagraph (A) with an appro- ‘‘(2) to improve the public’s understanding for discussion of the issues, and rein- priately trained professional.’’; of the various situations in which individ- force the requirement that health care (B) in paragraph (4), by striking ‘‘a writ- uals may find themselves if they become un- providers honor patients’ wishes. This ten’’ and inserting ‘‘an’’; and able to express their health care wishes; (C) by adding at the end the following bill is designed to do just that. ‘‘(3) to explain the need for readily avail- The Advance Directives Improve- paragraph: able legal documents that express an individ- ‘‘(6)(A) In addition to the requirements of ment and Education Act of 2007 would ual’s wishes, through advance directives (in- paragraph (1), a provider or organization (as encourage new Medicare beneficiaries the case may be) shall give effect to an ad- cluding living wills, comfort care orders, and durable powers of attorney for health care); to prepare advance directives by in- vance directive executed outside the State in cluding a physician consultation on ad- which such directive is presented, even one and that does not appear to meet the formalities ‘‘(4) to educate the public about the avail- vance directives in each ‘‘Welcome to of execution, form, or language required by ability of hospice care and palliative care. Medicare’’ physical exam. This initial the State in which it is presented to the ‘‘(b) INFORMATION CLEARINGHOUSE.—The consultation would cover the impor- same extent as such provider or organization Secretary, directly or through grants award- tance of preparing advance directives, would give effect to an advance directive ed under subsection (c), shall provide for the when these documents are most likely that meets such requirements, except that a establishment of a national, toll-free, information clearinghouse as well as clearing- to be used, and where to find additional provider or organization may decline to resources and information. The con- honor such a directive if the provider or or- houses that the public may access to find out ganization can reasonably demonstrate that about State-specific information regarding versation will also enable physicians to it is not an authentic expression of the indi- advance directive and end-of-life decisions. learn about their patients’ wishes, vidual’s wishes concerning his or her health ‘‘(c) GRANTS.— fears, religious beliefs, and life experi- care. Nothing in this paragraph shall be con- ‘‘(1) IN GENERAL.—The Secretary shall use ences that might influence their med- strued to authorize the administration of at least 60 percent of the funds appropriated ical care wishes. These are important medical treatment otherwise prohibited by under subsection (d) for the purpose of aspects of a physician-patient relation- awarding grants to public or nonprofit pri- the laws of the State in which the directive ship that are too often unaddressed. is presented. vate entities (including States or political ‘‘(B) The provisions of this paragraph shall subdivisions of a State), or a consortium of Another part of our bill would pro- preempt any State law to the extent such any of such entities, for the purpose of con- vide funds for the Department of law is inconsistent with such provisions. The ducting education campaigns under sub- Health and Human Services, HHS, to provisions of this paragraph shall not pre- section (a) and establishing information conduct a public education campaign empt any State law that provides for greater clearinghouses under subsection (b). to raise awareness of the importance of portability, more deference to a patient’s ‘‘(2) PERIOD.—Any grant awarded under planning for care near the end of life. wishes, or more latitude in determining a pa- paragraph (1) shall be for a period of 3 years. This campaign would explain what ad- tient’s wishes.’’. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— vance directives are, where they are (3) EFFECTIVE DATES.— There are authorized to be appropriated to (A) IN GENERAL.—Subject to subparagraph carry out this section $25,000,000.’’. available, what questions need to be (B), the amendments made by paragraphs (1) (f) GAO STUDY AND REPORT ON ESTABLISH- asked and answered, and what to do and (2) shall apply to provider agreements MENT OF NATIONAL ADVANCE DIRECTIVE REG- with the executed documents. HHS, di- and contracts entered into, renewed, or ex- ISTRY.— rectly or through grants, would also es- tended under title XVIII of the Social Secu- (1) STUDY.—The Comptroller General of the tablish an information clearinghouse rity Act (42 U.S.C. 1395 et seq.), and to State United States shall conduct a study on the where consumers could receive State- plans under title XIX of such Act (42 U.S.C. feasibility of a national registry for advance specific information and consumer- 1396 et seq.), on or after such date as the Sec- directives, taking into consideration the friendly documents and publications. retary of Health and Human Services speci- constraints created by the privacy provisions fies, but in no case may such date be later enacted as a result of the Health Insurance The bill also contains language that than 1 year after the date of enactment of Portability and Accountability Act of 1996 would make all advance directives this Act. (Public Law 104–191). ‘‘portable,’’ that is, useful from one (B) EXTENSION OF EFFECTIVE DATE FOR (2) REPORT.—Not later than 18 months State to another. If an out-of-State di- STATE LAW AMENDMENT.—In the case of a after the date of enactment of this Act, the rective is presented, it will be pre- State plan under title XIX of the Social Se- Comptroller General of the United States sumed valid unless the health care pro- curity Act (42 U.S.C. 1396 et seq.) which the shall submit to Congress a report on the vider can reasonably demonstrate that Secretary of Health and Human Services de- study conducted under paragraph (1) to- it is not an authentic expression of the termines requires State legislation in order gether with recommendations for such legis- for the plan to meet the additional require- lation and administrative action as the individual’s wishes concerning his or ments imposed by the amendments made by Comptroller General of the United States de- her health care. paragraph (2), the State plan shall not be re- termines to be appropriate. We all know about the tragic situa- garded as failing to comply with the require- (g) EFFECTIVE DATE.—Except as provided in tion that occurred in Florida with ments of such title solely on the basis of its subsections (c) and (d), this section and the Terri Schiavo and her family. She was

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1447 a young woman who was the subject of By Mr. DODD (for himself, Mr. (FDA) or the public about the results a debate about her treatment between GRASSLEY, Mr. WYDEN, Mr. of a 67,000 person study it conducted of her husband and her parents, a debate BINGAMAN, Mr. DURBIN, and Mr. an FDA-approved drug used commonly that was a court case and a legislative HARKIN): during heart surgery to reduce the quagmire. Most experts agree that if S. 467. A bill to amend the Public need for a transfusion. The study re- she had an advance directive that made Health Service Act to expand the clin- vealed the drug may increase patients’ her wishes clear and named a health ical trials drug data bank; to the Com- risk of death, serious kidney damage, care proxy, there would have been no mittee on Health, Education, Labor congestive heart failure, and stroke. question as to who could decide the and Pensions. Unfortunately, these are just a few course of her care. examples of stories that have become One of the great legacies of Terri By Mr. GRASSLEY (for himself, all too common. It has been suggested Schiavo’s life will be that she began a Mr. DODD, Ms. MIKULSKI, and that negative data might actually have national dialogue about end-of-life care Mr. BINGAMAN): been suppressed; and if this is discov- and got people discussing living wills. S. 468. A bill to amend the Federal ered to be the case, those responsible Regardless of our views on the ethical, Food, Drug, and Cosmetic Act with re- should be dealt with harshly. However, legal and constitutional issues sur- spect to drug safety, and for other pur- because of what is known as ‘‘publica- rounding her case, we all can agree poses; to the Committee on Health, tion bias,’’ the information available to that more people now than ever know Education, Labor, and Pensions. the public and physicians can be mis- the importance of having end-of-life Mr. DODD. Mr. President, I rise leading even without nefarious mo- discussions with their family, doctor, today to introduce the Fair Access to tives. The simple fact is that studies clergy or attorney. This bill would Clinical Trials (FACT) Act. I want to with a positive result are far more like- build upon this national dialogue and begin by thanking Senators GRASSLEY, ly to be published, and thus publicly encourage more Americans to learn WYDEN, BINGAMAN, DURBIN, and HARKIN available, than a study with a negative about and fill out advance directives. for joining me in introducing this leg- result. Physicians and patients hear This body is a legislative institution, islation. I also would like to recognize the good news. Rarely do they hear the not a medical one. We cannot legislate the leadership of Senator JOHNSON who bad news. In the end, the imbalance of good medical care or compassion. What was involved in the crafting of this leg- available information hurts patients. we can do, what I hope we will do, is to islation from the beginning and who Our bill would correct this imbalance enact this bill so that the American has been a long-standing supporter of in information, and prevent manufac- public can participate in improving the FACT Act. turers from suppressing negative data. end-of-life care. If we can do that, we Our bill will create an electronic It would do so by creating a two-part will have done a great deal. databank for clinical trials of drugs, bi- databank, consisting of an expansion of S. 466 ological products, and medical devices. clinicaltrials.gov—an existing registry Such a databank will ensure that phy- Be it enacted by the Senate and House of Rep- that is operated by the National Li- resentatives of the United States of America in sicians, researchers, the general public, brary of Medicine (NLM)—and a new Congress assembled, and patients seeking to enroll in clin- database for clinical trial results. SECTION 1. SHORT TITLE. ical trials have access to basic infor- Under the FACT Act, the registry This Act may be cited as the ‘‘Medicare mation about those trials. It will re- would continue to operate as a re- End-of-Life Care Planning Act of 2007’’. quire manufacturers and other resource for patients seeking to enroll in SEC. 2. MEDICARE COVERAGE OF AN END-OF- searchers to reveal the results of clin- clinical trials for drugs and biological LIFE PLANNING CONSULTATION AS ical trials so that clinically important products intended to treat serious or PART OF AN INITIAL PREVENTIVE information will be available to all PHYSICAL EXAMINATION. life-threatening conditions—and for (a) IN GENERAL.—Section 1861(ww) of the Americans, and physicians will have all the first time, it would also include Social Security Act (42 U.S.C. 1395x(ww)) is the information necessary to make ap- medical device trials. The new results amended— propriate treatment decisions for their database would include all trials (ex- (1) in paragraph (1), by striking ‘‘paragraph patients. cept for preliminary safety trials), and (2),’’ and inserting ‘‘paragraph (2) and an Events of the past few years have would require the submission of clin- end-of-life planning consultation (as defined made it clear that such a databank is ical trial results data. in paragraph (3)),’’; and needed. For example, serious questions Our legislation would enforce the re- (2) by adding at the end the following new were raised about the effectiveness and paragraph: quirement to submit information to ‘‘(3) For purposes of paragraph (1), the safety of antidepressants when used in the databank in two ways. First, by re- term ‘end-of-life planning consultation’ children and youth. It has now become quiring registration as a condition of means a consultation between the physician clear that the existing data indicates Institutional Review Board (IRB) ap- and an individual regarding— that these drugs may very well put proval, no trial could begin without ‘‘(A) the importance of preparing advance children at risk. However, because the submitting preliminary information to directives in case an injury or illness causes data from antidepressant clinical trials the registry and database. This infor- the individual to be unable to make health was not publicly available, it took mation would include the purpose of care decisions; years for this risk to be realized. In the ‘‘(B) the situations in which an advance di- the trial, the estimated date of trial rective is likely to be relied upon; meantime, millions of children have completion, as well as all of the infor- ‘‘(C) the reasons why the development of a been prescribed antidepressants by mation necessary to help patients to comprehensive end-of-life plan is beneficial well-meaning physicians. While these enroll in the trial. and the reasons why such a plan should be drugs undoubtedly helped many of Once the trial is completed, the re- updated periodically as the health of the in- these children, they also led to greater searcher or manufacturer is required to dividual changes; suffering for others. submit the results to the database. If ‘‘(D) the identification of resources that an The news is similarly disturbing for a they refuse to do so, they are subject individual may use to determine the require- popular class of painkillers known as to monetary penalties or, in the case of ments of the State in which such individual resides so that the treatment wishes of that Cox-2 inhibitors. These medicines, federally-funded research, a restriction individual will be carried out if the indi- taken by millions of Americans, have on future federal funding. It is my be- vidual is unable to communicate those wish- been associated with an increased risk lief that these enforcement mecha- es, including requirements regarding the des- of cardiovascular adverse events, such nisms will ensure broad compliance. ignation of a surrogate decision maker as heart attack and stroke. It has been However, in the rare case where a man- (health care proxy); and suggested that one of these medicines, ufacturer does not comply, this legisla- ‘‘(E) whether or not the physician is will- which has since been pulled from the tion also gives the FDA the authority ing to follow the individual’s wishes as ex- market, may have been responsible for to publicize the required information. pressed in an advance directive.’’. (b) EFFECTIVE DATE.—The amendments tens of thousands of deaths. Let me also say that any time you made by this section shall apply to initial Most recently, a drug manufacturer are collecting large amounts of data preventive physical examinations provided acknowledged that it did not inform and making it public, protecting pa- on or after January 1, 2008. the Food and Drug Administration tient privacy and confidentiality is

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1448 CONGRESSIONAL RECORD — SENATE January 31, 2007 paramount. Our legislation would in no being. This legislation aims to build when there are questions about the way threaten patient privacy. The sim- upon the successes of this industry, safety of a drug, and to act decisively ple fact is that under this bill, no indi- and help ensure that the positive to mitigate the risks when the evi- vidually-identifiable information changes to our health care system that dence shows that a drug presents a would be available to the public. prescription drugs have brought are safety issue. With these authorities, we I believe that the establishment of a not undermined by controversies such will never again have a situation where clinical trials databank is absolutely as the ones surrounding a critical labeling change takes 2 years necessary for the health and well-being antidepressants and Cox-2 inhibitors, to complete, as was the case with of the American public. But I would which are at least in part based on a Vioxx. When we are talking about also like to highlight two other bene- lack of public information. This bill drugs that are already on the market fits that such a databank will have. will help ensure that well-informed pa- and in widespread use, any delay can First, it has the potential to reduce tients will use new and innovative put millions of patients in harm’s way. health care costs. Studies have shown medicines. By creating CPER we hope to restore that publication bias also leads to a Creating a clinical trials databank is confidence in the medicines that so bias toward new and more expensive a critical step toward ensuring the many Americans rely on to safeguard treatment options. A databank could safety of drugs, biological products, their health and well-being. Patients help make it clear that in some cases and medical devices in this country— should have the peace of mind that the less expensive treatments are just as but it should not be the end of our ef- drugs they take to help them will not effective for patients. forts. However, other steps are nec- hurt them instead. We must restore In addition, a databank will ensure essary to fully restore patient con- public confidence in the words ‘‘FDA- that the sacrifice made by patients fidence in the safety of the medicines Approved.’’ Unfortunately, events of who enroll in clinical trials is not they rely on. the past few years have seriously tar- squandered. We owe it to patients to That is why today I am also intro- nished the FDA’s image and put mil- make sure that their participation in a ducing the Food and Drug Administra- lions of patients at undue risk. Recent trial will benefit other individuals suf- tion Safety Act (FDASA) with Senator developments have cast into doubt the RASSLEY. We are joined by Senators fering from the same illness or condi- G FDA’s ability to ensure that the drugs MIKULSKI and BINGAMAN in introducing that it approves are safe—especially tion by making the results of the trial this legislation and thank them for once they are on the market. These public, no matter the outcome of the their support for reforming our na- concerns are bad for patients, bad for trial. The problems associated with publi- tion’s system to ensure that FDA-ap- physicians, and bad for the pharma- cation bias have recently drawn more proved drugs being used by millions are ceutical industry. Like many Americans, I have been attention from the medical commu- safe and effective. Our legislation would enhance the deeply disturbed by the revelations of nity, and there is broad consensus that FDA’s drug-safety monitoring system the significant risk associated with a clinical trials registry is one of the by setting up an independent center widely-used medications to treat pain best ways to address the issue. Accord- within the FDA called the Center for and depression. These revelations raise ingly, the American Medical Associa- Postmarket Evaluation and Research legitimate questions about the safety tion (AMA) has recommended creating for Drugs and Biologics (CPER). This of drugs that have already been ap- such a databank. Additionally, the Center would be responsible for moni- proved. It would be one thing if these major medical journals have estab- toring the safety of drugs and biologics drugs were in a trial phase, but safety lished a policy that they will only pub- once they are on the market, in con- issues are being identified in drugs lish the results of trials that were reg- sultation with other existing Centers once they are on the market and in istered in a public database before the at the FDA, and would have the au- widespread use. Health risks signifi- trial began. Our legislation meets all of thority to take corrective action if a cant enough to remove drugs from the the minimum criteria for a trial reg- drug or biologic presents a risk to pa- market or significantly restrict their istry set out by the International Com- tients. Under the bill, the Center Direc- use are becoming clear only after mil- mittee of Medical Journal Editors. In tor is authorized to require manufac- lions of Americans have been exposed fact, our bill closely follows rec- turers to conduct post-market clinical to real or potential harm. ommendations issued by the Institute or observational studies if there are It has been estimated that more than of Medicine (IOM) in its recent report questions about the safety or efficacy 100,000 Americans might have been se- on drug safety. of a drug or biologic once it is already riously injured or killed by a popular To its credit, the pharmaceutical in- on the market. The Center Director pain medication, while millions of chil- dustry has also acknowledged the prob- can take corrective actions to include dren have been prescribed lem, and has created a database where labeling changes, restricted distribu- antidepressants that could put them at manufacturers can voluntarily submit tion, and other risk management tools risk. This recent spate of popular medi- clinical trials data. I applaud this step. if an unreasonable risk is found to cines being identified as unsafe under- However, if our objective is to provide exist. The bill also gives the Center Di- scores the need to take additional steps the public with a complete and con- rector the authority to review drug ad- to monitor and protect patient safety sistent supply of information, a vol- vertisements before they are dissemi- after a drug has been approved. Allow- untary database is unlikely to achieve nated, and to require certain disclo- ing the status quo on drug safety at the that goal. Some companies will provide sures about increased risk, and in ex- FDA is unacceptable. Real reform is information, but others may decide not treme cases, the authority to pull the needed now. to participate. We need a clinical trials product off the market. Our bill au- An internal study conducted by the framework that is not just fair to all thorizes $500 million over the next 5 Department of Health and Human companies, but provides patients with years to provide the new center with Services (HHS) Office of the Inspector the peace of mind that they will re- the resources necessary to carry out General in 2002 revealed that approxi- ceive complete information about the the critically important provisions of mately one-fifth of drug reviewers were medicines they rely on. this legislation. pressured to approve a drug despite The American drug industry is an ex- Under our legislation, the Director of concerns about safety, efficacy, or traordinary success story. As a result CPER will report directly to the FDA quality. In addition, more than one- of the innovations that this industry Commissioner. Our bill will ensure that third said they were ‘‘not at all’’ or has spawned, millions of lives have CPER consults with the other Centers only ‘‘somewhat’’ confident that final been improved and saved in our coun- at FDA as it conducts risk assess- decisions of the Center for Drug Eval- try and around the globe. Due to the ments, benefiting from their knowl- uation and Research (CDER) ade- importance of these medicines to our edge and expertise, but not being be- quately assessed safety. A more recent health and well-being, I have consist- holden to them if corrective action is survey of 997 FDA scientists conducted ently supported sound public policies needed. by the Union of Concerned Scientists to help the industry succeed in pro- These new authorities will allow the and the Public Employees for Environ- tecting the public’s health and well- FDA to act quickly to get answers mental Responsibility found that 420

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1449 FDA scientists reported that they stance use disorders. APA advocates for pa- (4) by striking paragraph (3) and inserting knew of cases in which HHS or FDA po- tient access to information and supports fur- the following: litical appointees inappropriately in- ther post-market research of medications to ‘‘(3) The data bank shall include the fol- jected themselves into FDA determina- ensure the safety of patients. APA member lowing: David Fassler, M.D. testified before the Sen- ‘‘(A)(i) A registry of clinical trials (in this tions or actions. ate Health, Education, Labor and Pensions I look forward to working with indus- subparagraph referred to as the ‘registry’) of Committee on March 1, 2005 and subsequent health-related interventions (whether feder- try, physicians, medical journals, pa- FDA Advisory Committee meetings. Dr. ally or privately funded). tient groups, and my colleagues—in- Fassler’s testimony focused on key rec- ‘‘(ii) The registry shall include information cluding the Chairman and Ranking ommendations to improve the FDA’s drug for all clinical trials conducted to test the Member of the Health, Education, approval process outlining: The importance safety or effectiveness (including compara- Labor, and Pensions Committee, Sen- of access to comprehensive clinical trial data tive effectiveness) of any drug, biological including negative trials and unpublished re- ator KENNEDY and Senator ENZI—to product, or device (including those drugs, bi- sults to be housed in a publicly accessible ological products, or devices approved or move this legislation forward. These registry; The need for ongoing post-mar- bills have already been endorsed by cleared by the Secretary) intended to treat keting surveillance with increased funding serious or life-threatening diseases and con- Consumers Union, the U.S. Public In- for follow up; and The necessity of a work- ditions, except those Phase I clinical trials terest Research Group (PIRG), the Na- force of researchers, including experts who conducted to test solely the safety of an un- tional Women’s Health Network, and can assist with the design, oversight, inter- approved drug or unlicensed biological prod- Public Citizen. I thank these organiza- pretation and reporting of clinical research. uct, or pilot or feasibility studies conducted tions for lending their expertise as we The APA thanks you again for your dedi- to confirm the design and operating speci- crafted these bills. I also want to rec- cation and commitment to enhance the na- fications of an unapproved or not yet cleared tion’s drug safety monitoring system. We medical device. For purposes of this section, ognize the New England Journal of look forward to working with you in ensur- Medicine and the American Psy- Phase I clinical trials are trials described in ing that clinical trial data is transparent section 313.12(a) of title 21, Code of Federal chiatric Association for their support and accountable in order for patients to Regulations (or any successor regulations). in the crafting of the FACT Act. make well informed decisions. As your staff ‘‘(iii) The registry may include informa- Clinical trials are critically impor- move forward with further action on legislation for— tant to protecting the safety and tion, Lizbet Boroughs, Deputy Director, Gov- ‘‘(I) Phase I clinical trials conducted to health of the American public. For this ernment Relations for the APA or Chatrane test solely the safety of an unapproved drug reason, clinical trial results must not Birbal, Federal Legislative Coordinator may or unlicensed biological product, or pilot or be reached at [email protected] 703/489–5907 be treated as information that can be feasibility studies conducted to confirm the or [email protected] 703/907–8584 respectively. design and operating specifications of an un- hidden from scrutiny. Recent events Sincerely, have made it clear that a clinical trials approved or not yet cleared medical device James H. Scully, Jr., with the consent of the responsible person; databank is needed. Patients and phy- CEO and Medical Director. and sicians agree that such a databank is Mr. DODD. Mr. President, I ask unan- ‘‘(II) clinical trials of other health-related important to our public health. At the imous consent that the text of the bill interventions with the consent of the respon- same time, there have been disturbing be printed in the RECORD. sible person. reports that suggest the FDA does not S. 467 ‘‘(iv) The information to be included in the place enough emphasis on drug safety, registry under this subparagraph shall in- Be it enacted by the Senate and House of Rep- clude the following: and that concerns raised by those in resentatives of the United States of America in the Office of Surveillance and Epidemi- ‘‘(I) Descriptive information, including a Congress assembled, brief title, trial description in lay termi- ology (formerly the Office of Drug SECTION 1. SHORT TITLE. nology, trial phase, trial type, trial purpose, Safety) at CDER are sometimes ig- This Act may be cited as the ‘‘Fair Access description of the primary and secondary nored and even suppressed. Our legisla- to Clinical Trials Act of 2007’’ or the ‘‘FACT clinical outcome measures to be examined in tion will ensure that those who are re- Act’’. the trial, the time at which the outcome sponsible for monitoring the safety of SEC. 2. PURPOSE. measures will be assessed, and the dates and drugs already on the market at the It is the purpose of this Act— details of any revisions to such outcomes. FDA will have the independence, re- (1) to create a publicly accessible national ‘‘(II) Recruitment information, including data bank of clinical trial information com- sources, and authority to ensure medi- eligibility and exclusion criteria, a descrip- prised of a clinical trial registry and a clin- tion of whether, and through what proce- cines intended to help patients won’t ical trial results database; dure, the manufacturer or sponsor of the in- instead end up causing them harm. I (2) to foster transparency and account- vestigation of a new drug will respond to re- urge my colleagues to support these ability in health-related intervention requests for protocol exception, with appro- bills, and I am hopeful that they will search and development; priate safeguards, for single-patient and ex- become law as soon as possible. (3) to maintain a clinical trial registry ac- panded protocol use of the new drug, particu- I ask unanimous consent that a let- cessible to patients and health care practi- larly in children, a statement as to whether ter from the American Psychiatric As- tioners seeking information related to ongo- the trial is closed to enrollment of new pa- ing clinical trials for serious or life-threat- sociation supporting the FACT Act be tients, overall trial status, individual site ening diseases and conditions; and status, and estimated completion date. For printed in the RECORD. (4) to establish a clinical trials results purposes of this section the term ‘completion There being no objection, the mate- database of all publicly and privately funded date’ means the date of the last visit by sub- rial was ordered to be printed in the clinical trial results regardless of outcome, jects in the trial for the outcomes described RECORD, as follows: that is accessible to the scientific commu- in subclause (I). AMERICAN PSYCHIATRIC ASSOCIATION, nity, health care practitioners, and members ‘‘(III) Location and contact information, Arlington, VA, January 31, 2007. of the public. including the identity of the responsible per- Hon. CHRISTOPHER DODD, SEC. 3. CLINICAL TRIALS DATA BANK. son. U.S. Senate, (a) IN GENERAL.—Subsection (i) of section ‘‘(IV) Administrative data, including the Washington, DC. 402 of the Public Health Service Act (42 study sponsor and the study funding source. DEAR SENATOR DODD: The American Psy- U.S.C. 282), as amended by Public Law 109– ‘‘(V) Information pertaining to experi- chiatric Association (APA) would like to 482, is amended— mental treatments for serious or life-threat- commend and congratulate you on your ef- (1) in paragraph (1)(A), by striking ‘‘for ening diseases and conditions (whether feder- forts to strengthen and improve clinical trial drugs for serious or life-threatening diseases ally or privately funded) that may be avail- registries. The FACT Act’s goals of revamp- and conditions’’; able— ing the Food and Drug Administration’s (2) in paragraph (2), by striking ‘‘available ‘‘(aa) under a treatment investigational post-marketing surveillance by ensuring to individuals with serious’’ and all that fol- new drug application that has been sub- that access to clinical trials information is lows through the period and inserting ‘‘ac- mitted to the Secretary under section accessible and available to the scientific cessible to patients, other members of the 360bbb(c) of title 21, Code of Federal Regula- community and the general public is a goal public, health care practitioners, researchers tions; or shared by the APA. and the scientific community. In making in- ‘‘(bb) as a Group C cancer drug (as defined The APA is the national medical specialty formation about clinical trials publicly by the National Cancer Institute). society representing more than 37,000 psy- available, the Secretary shall seek to be as ‘‘(B)(i) A clinical trial results database (in chiatric physicians nationwide who spe- timely and transparent as possible.’’; this subparagraph referred to as the ‘data- cialize in the diagnosis and treatment of (3) by redesignating paragraphs (4) and (5), base’) of health-related interventions mental and emotional illnesses and sub- as paragraphs (8) and (9), respectively; (whether federally or privately funded).

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1450 CONGRESSIONAL RECORD — SENATE January 31, 2007 ‘‘(ii) The database shall include informa- appropriate, displayed prominently at the available to the public a copy of such con- tion for all clinical trials conducted to test beginning of the data in the registry with re- sultation in full. the safety or effectiveness (including com- spect to the trial, that the Food and Drug ‘‘(D) Nothing in this paragraph shall be parative effectiveness) of any drug, biologi- Administration— construed to alter or amend section 301(j) or cal product, or device (including those drugs, ‘‘(aa) is currently reviewing an application section 1905 of title 18, United States Code. biological products, or devices approved or for approval of such use to determine wheth- ‘‘(E) This paragraph shall supersede sec- cleared by the Secretary), except those er the use is safe and effective; tion 552 of title 5, United States Code. Phase I clinical trials conducted to test sole- ‘‘(bb) has disapproved an application for ‘‘(5) The information described in subpara- ly the safety of an unapproved drug or unli- approval of such use; graphs (A) and (B) of paragraph (3) shall be in a format that can be readily accessed and censed biological product, or pilot or feasi- ‘‘(cc) has reviewed an application for ap- understood by members of the general pub- bility studies conducted to confirm the de- proval of such use but the application was lic, including patients seeking to enroll as sign and operating specifications of an unap- withdrawn prior to approval or disapproval; proved or not yet cleared medical device. subjects in clinical trials. or ‘‘(6) The Secretary shall assign each clin- ‘‘(iii) The database may include informa- ‘‘(dd) has not reviewed or approved such ical trial a unique identifier to be included tion for— use as safe and effective. in the registry and in the database described ‘‘(I) Phase I clinical trials conducted to ‘‘(IX) If data from the trial has not been in subparagraphs (A) and (B) of paragraph test solely the safety of an unapproved drug submitted to the Food and Drug Administra- (3). To the extent practicable, this identifier or unlicensed biological product, or pilot or tion, an explanation of why it has not been shall be consistent with other internation- feasibility studies conducted to confirm the submitted. ally recognized and used identifiers. design and operating specifications of an un- ‘‘(X) A description of the protocol used in ‘‘(7) To the extent practicable, the Sec- approved or not yet cleared medical device such trial to the extent necessary to evalu- retary shall ensure that where the same in- with the consent of the responsible person; ate the results of such trial. formation is required for the registry and and ‘‘(4)(A)(i) Not later than 90 days after the the database described in subparagraphs (A) ‘‘(II) clinical trials of other health-related date of the completion of the review by the and (B) of paragraph (3), a process exists to interventions with the consent of the respon- Food and Drug Administration of informa- allow the responsible person to make only sible person. tion submitted by a sponsor in support of a one submission.’’; and ‘‘(iv) The information to be included in the new drug application, or a supplemental new (5) by adding at the end the following: database under this subparagraph shall in- drug application, whether or not approved by ‘‘(10) In this section, the term ‘clinical clude the following: the Food and Drug Administration, the Com- trial’ with respect to the registry and the ‘‘(I) Descriptive information, including— missioner of Food and Drugs shall make database described in subparagraphs (A) and ‘‘(aa) a brief title; available to the public the full reviews con- (B) of paragraph (3) means a research study ‘‘(bb) the drug, biological product or device ducted by the Administration of such appli- in human volunteers to answer specific to be tested; cation, including documentation of signifi- health questions, including treatment trials, ‘‘(cc) a trial description in lay termi- cant differences of opinion and the resolu- prevention trials, diagnostic trials, screen- nology; tion of those differences. ing trials, and quality of life trials.’’. ‘‘(dd) the trial phase; ‘‘(ii) When submitting information in sup- (b) ACTIONS OF SECRETARY REGARDING CLIN- ‘‘(ee) the trial type; port of a new drug application or a supple- ICAL TRIALS.—Section 402 of the Public ‘‘(ff) the trial purpose; mental new drug application, the sponsor Health Service Act (42 U.S.C. 282), as amend- ‘‘(gg) demographic data such as age, gen- shall certify, in writing, that the informa- ed by Public Law 109–482, is amended— der, or ethnicity of trial participants; tion submitted to the Food and Drug Admin- (1) by redesignating subsections (j) and (k) ‘‘(hh) the estimated completion date for istration complies with the requirements of as subsections (o) and (p), respectively; and the trial; and the Federal Food, Drug, and Cosmetic Act (2) by inserting after subsection (i), the fol- ‘‘(ii) the study sponsor and the study fund- and that such information presented is accu- lowing: ing source. rate. ‘‘(j) FEDERALLY SUPPORTED TRIALS.— ‘‘(II) A description of the primary and sec- ‘‘(iii) If the sponsor fails to provide certifi- ‘‘(1) ALL FEDERALLY SUPPORTED TRIALS.— ondary clinical outcome measures to be ex- cation as specified under clause (ii), the Sec- With respect to any clinical trial described amined in the trial, the time at which the retary shall transmit to the sponsor a notice in subsection (i)(3)(B) that is supported sole- outcome measures will be assessed, and the stating that such sponsor shall submit the ly by a grant, contract, or cooperative agree- dates and details of any revisions to such certification by the date determined by the ment awarded by the Secretary, the prin- outcomes. Secretary. If, by the date specified by the cipal investigator of such trial shall, not ‘‘(III) The actual completion date of the Secretary in the notice under this clause, later than the date specified in paragraph (2), trial and the reasons for any difference from the Secretary has not received the certifi- submit to the Secretary— such actual date and the estimated comple- cation, the Secretary, after providing the op- ‘‘(A) the information described in sub- tion date submitted pursuant to subclause portunity for a hearing, shall order such clauses (II) through (X) of subsection (I)(ii). If the trial is not completed, the ter- sponsor to pay a civil monetary penalty of (i)(3)(B)(iv), and with respect to clinical mination date and reasons for such termi- $10,000 for each day after such date that the trials in progress on the date of enactment of nation. certification is not submitted. the FACT Act, the information described in ‘‘(IV) A summary of the results of the trial ‘‘(iv) If the Secretary determines, after no- subclause (I) of subsection (i)(3)(B)(iv); or in a standard, non-promotional summary tice and opportunity for a hearing, that the ‘‘(B) a statement containing information format (such as ICHE3 template form), in- sponsor knew or should have known that the sufficient to demonstrate to the Secretary cluding the trial design and methodology, re- information submitted in support of a new that the information described in subpara- sults of the primary and secondary outcome drug application or a supplemental new drug graph (A) cannot reasonably be submitted, measures as described in subclause (II), sum- application was inaccurate, the Secretary along with an estimated date of submission mary data tables with respect to the primary shall order such sponsor to pay a civil mone- of the information described in such subpara- and secondary outcome measures, including tary penalty of not less than $100,000 but not graph. information on the statistical significance or to exceed $2,000,000 for any 30-day period. ‘‘(2) DATE SPECIFIED.—The date specified in lack thereof of such results. ‘‘(B)(i) The Secretary shall deposit the this paragraph shall be the date that is 1 ‘‘(V) Safety data concerning the trial (in- funds collected under subparagraph (A) into year from the earlier of— cluding a summary of all adverse events an account and use such funds, in consulta- ‘‘(A) the estimated completion date of the specifying the number and type of such tion with the Director of the Agency for trial, as submitted under subsection events, data on prespecified adverse events, Healthcare Research and Quality, to fund (i)(3)(B)(vi)(I)(ii); or data on serious adverse events, and data on studies that compare the clinical effective- ‘‘(B) the actual date of the completion or overall deaths). ness of 2 or more treatments for similar dis- termination of the trial. ‘‘(VI) Any publications in peer reviewed eases or conditions. ‘‘(3) CONDITION OF FEDERAL GRANTS, CON- journals relating to the trial. If the trial re- ‘‘(ii) The Secretary shall award funding TRACTS, AND COOPERATIVE AGREEMENTS.— sults are published in a peer reviewed jour- under clause (i) based on a priority list es- ‘‘(A) CERTIFICATION OF COMPLIANCE.—To be nal, the database shall include a citation to tablished not later than 6 months after the eligible to receive a grant, contract, or coop- and, when available, a link to the journal ar- date of enactment of the FACT Act by the erative agreement from the Secretary for ticle. Director of the Agency for Healthcare Re- the conduct or support of a clinical trial de- ‘‘(VII) A description of the process used to search and Quality and periodically updated scribed in subsection (i)(3)(B), the principal review the results of the trial, including a as determined appropriate by the Director. investigator involved shall certify to the statement about whether the results have ‘‘(C) Not later than 90 days after the date Secretary that— been peer reviewed by reviewers independent of the completion of a written consultation ‘‘(i) such investigator shall submit data to of the trial sponsor. on a drug concerning the drug’s safety con- the Secretary in accordance with this sub- ‘‘(VIII) If the trial addresses the safety, ef- ducted by the Office of Surveillance and Epi- section; and fectiveness, or benefit of a use not described demiology, regardless of whether initiated ‘‘(ii) such investigator has complied with in the approved labeling for the drug, bio- by such Office or outside of the Office, the the requirements of this subsection with re- logical product, or device, a statement, as Commissioner of Food and Drugs shall make spect to other clinical trials conducted by

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1451 such investigator after the date of enact- mits to the Secretary the information re- fied in paragraph (3), submit to the Sec- ment of the FACT Act. quired pursuant to such notice. retary— ‘‘(B) FAILURE TO SUBMIT CERTIFICATION.— ‘‘(G) RULE OF CONSTRUCTION.—For purposes ‘‘(A) the information described in sub- An investigator that fails to submit a certifi- of this paragraph, limitations on the award- clauses (II) through (X) of subsection cation as required under subparagraph (A) ing of grants, contracts, cooperative agree- (i)(3)(B)(iv), and with respect to clinical shall not be eligible to receive a grant, con- ments, or any other awards to principal in- trials in progress on the date of enactment of tract, or cooperative agreement from the vestigators for violations of this paragraph the FACT Act, the information described in Secretary for the conduct or support of a shall not be construed to include any funding subclause (I) of subsection (i)(3)(B)(iv); or clinical trial described in subsection that supports the clinical trial involved. ‘‘(B) a statement containing information (i)(3)(B). ‘‘(4) RULE OF CONSTRUCTION.—Nothing in sufficient to demonstrate to the Secretary ‘‘(C) FAILURE TO COMPLY WITH CERTIFI- this subsection shall be construed to prevent that the information described in subpara- CATION.—If, by the date specified in para- an investigator other than the investigator graph (A) cannot reasonably be submitted, graph (2), the Secretary has not received the described in paragraph (3)(F) from receiving along with an estimated date of submission information or statement described in para- an ongoing award, contract, or cooperative of the information described in such subparagraph (1), the Secretary shall— agreement. graph. ‘‘(i) transmit to the principal investigator ‘‘(5) INCLUSION IN REGISTRY.— ‘‘(2) SANCTION IN CASE OF NONCOMPLIANCE.— involved a notice specifying the information ‘‘(A) GENERAL RULE.—The Secretary shall, ‘‘(A) INITIAL NONCOMPLIANCE.—If by the or statement required to be submitted to the pursuant to subsection (i)(5), include— date specified in paragraph (3), the Secretary Secretary and stating that such investigator ‘‘(i) the data described in subsection has not received the information or state- shall not be eligible to receive further fund- (i)(3)(A) and submitted under the amendment required to be submitted to the Sec- ing from the Secretary if such information ments made by section 4(a) of the FACT Act retary under paragraph (1), the Secretary or statement is not submitted to the Sec- in the registry described in subsection (i) as shall— retary within 30 days of the date on which soon as practicable after receiving such data; ‘‘(i) transmit to the responsible person for such notice is transmitted; and and such trial a notice stating that such respon- ‘‘(ii) include and prominently display, ‘‘(ii) the data described in clause (I) of sub- sible person shall be liable for the civil mon- until such time as the Secretary receives the section (i)(3)(B)(iv) and submitted under this etary penalties described in subparagraph (B) information or statement described in para- subsection or the amendments made by sec- if the required information or statement is graph (1), as part of the record of such trial tion 4(a) of the FACT Act in the database de- not submitted to the Secretary within 30 in the database described in subsection (i), a scribed in subsection (i) as soon as prac- days of the date on which such notice is notice stating that the results of such trials ticable after receiving such data. transmitted; and have not been reported as required by law. ‘‘(ii) include and prominently display, ‘‘(B) OTHER DATA.— ‘‘(D) FAILURE TO COMPLY WITH NOTICE.—If until such time as the Secretary receives the ‘‘(i) IN GENERAL.—The Secretary shall, pur- by the date that is 30 days after the date on suant to subsection (i)(5), include the data information described in paragraph (1), as which the notice described in subparagraph described in subclauses (II) through (X) of part of the record of such trial in the data- (C) is transmitted, the Secretary has not re- subsection (i)(3)(B)(iv) and submitted under base described in subsection (i), a notice ceived from the principal investigator in- this section in the database described in sub- stating that the results of such trials have volved the information or statement re- not been reported as required by law. section (i)— quired pursuant to such notice, the Sec- ‘‘(B) CIVIL MONETARY PENALTIES FOR NON- ‘‘(I) as soon as practicable after receiving retary may not award a grant, contract, co- COMPLIANCE.— such data; or operative agreement, or any other award to ‘‘(i) IN GENERAL.—If by the date that is 30 ‘‘(II) in the case of data to which clause (ii) such principal investigator until such prin- days after the date on which a notice de- applies, by the date described in clause (iii). cipal investigator submits to the Secretary scribed in subparagraph (A) is transmitted, ‘‘(ii) DATA DESCRIBED.—This clause applies the information or statement required pur- the Secretary has not received from the re- to data described in clause (i) if— suant to such notice. sponsible person involved the information or ‘‘(I) the principal investigator involved re- ‘‘(E) SUBMISSION OF STATEMENT BUT NOT IN- statement required pursuant to such notice, quests a delay in the inclusion in the data- FORMATION.— the Secretary shall, after providing the op- base of such data in order to have such data ‘‘(i) IN GENERAL.—If by the date specified in portunity for a hearing, order such respon- paragraph (2), the Secretary has received a published in a peer reviewed journal; and sible person to pay a civil penalty of $10,000 statement described in paragraph (1)(B) but ‘‘(II) the Secretary determines that an at- for each day after such date that the infor- not the information described in paragraph tempt will be made to seek such publication. mation or statement is not submitted. ‘‘(iii) DATE FOR INCLUSION IN REGISTRY.— (1)(A), the Secretary shall transmit to the ‘‘(ii) WAIVERS.—In any case in which a re- principal investigator involved a notice stat- Subject to clause (iv), the date described in sponsible person described in clause (i) is a ing that such investigator shall submit such this clause is the earlier of— nonprofit entity, the Secretary may waive or information by the date determined by the ‘‘(I) the date on which the data involved is reduce the penalties applicable under such Secretary in consultation with such investi- published as provided for in clause (ii); or clause to such person. gator. ‘‘(II) the date that is 18 months after the ‘‘(C) SUBMISSION OF STATEMENT BUT NOT IN- ‘‘(ii) FAILURE TO COMPLY WITH CERTIFI- date on which such data is submitted to the FORMATION.— CATION.—If, by the date specified by the Sec- Secretary. ‘‘(i) IN GENERAL.—If by the date specified in retary in the notice under clause (i), the Sec- ‘‘(iv) EXTENSION OF DATE.—The Secretary paragraph (3), the Secretary has received a retary has not received the information de- may extend the 18-month period described in statement described in paragraph (1)(B) but scribed in paragraph (1)(B), the Secretary clause (iii)(II) for an additional 6 months if not the information described in paragraph shall— the principal investigator demonstrates to (1)(A) the Secretary shall transmit to the re- ‘‘(I) transmit to the principal investigator the Secretary, prior to the expiration of such sponsible person involved a notice stating involved a notice specifying the information 18-month period, that the data involved has that such responsible person shall submit required to be submitted to the Secretary been accepted for publication by a journal such information by the date determined by and stating that such investigator shall not described in clause (ii)(I). the Secretary in consultation with such re- be eligible to receive further funding from ‘‘(v) MODIFICATION OF DATA.—Prior to in- sponsible person. the Secretary if such information is not sub- cluding data in the database under clause (ii) ‘‘(ii) FAILURE TO COMPLY.—If, by the date mitted to the Secretary within 30 days of the or (iv), the Secretary shall permit the prin- specified by the Secretary in the notice date on which such notice is transmitted; cipal investigator to modify the data in- under clause (i), the Secretary has not re- and volved. ceived the information described in para- ‘‘(II) include and prominently display, ‘‘(6) MEMORANDUM OF UNDERSTANDING.—Not graph (1)(A), the Secretary shall— until such time as the Secretary receives the later than 6 months after the date of enact- ‘‘(I) transmit to the responsible person in- information described in paragraph (1)(B), as ment of the FACT Act, the Secretary shall volved a notice specifying the information part of the record of such trial in the data- seek a memorandum of understanding with required to be submitted to the Secretary base described in subsection (i), a notice the heads of all other Federal agencies that and stating that such responsible person stating that the results of such trials have conduct clinical trials to include in the reg- shall be liable for the civil monetary pen- not been reported as required by law. istry and the database clinical trials spon- alties described in subparagraph (D) if such ‘‘(F) FAILURE TO COMPLY WITH NOTICE.—If sored by such agencies that meet the re- information is not submitted to the Sec- by the date that is 30 days after the date on quirements of this subsection. retary within 30 days of the date on which which the notice described in subparagraph ‘‘(7) APPLICATION TO CERTAIN PERSONS.— such notice is transmitted; and (E)(ii)(I) is transmitted, the Secretary has The provisions of this subsection shall apply ‘‘(II) include and prominently display, not received from the principal investigator to a responsible person described in sub- until such time as the Secretary receives the involved the information required pursuant sections (n)(1)(A)(ii)(II) or (n)(1)(B)(i)(II). information described in paragraph (1)(A), as to such notice, the Secretary may not award ‘‘(k) TRIALS WITH NON-FEDERAL SUPPORT.— part of the record of such trial in the data- a grant, contract, cooperative agreement, or ‘‘(1) IN GENERAL.—The responsible person base described in subsection (i), a notice any other award to such principal investi- for a clinical trial described in subsection stating that the results of such trials have gator until such principal investigator sub- (i)(3)(B) shall, not later than the date speci- not been reported as required by law.

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‘‘(D) NONCOMPLIANCE.— ‘‘(B) OTHER DATA.— organization to such Initiative) to the extent ‘‘(i) IN GENERAL.—If by the date that is 30 ‘‘(i) IN GENERAL.—The Secretary shall, pur- such Initiative (or successor) is in operation. days after the date on which a notice de- suant to subsection (i)(5), include the data ‘‘(5) TRIALS COMPLETED PRIOR TO ENACT- scribed in subparagraph (C)(ii)(I) is trans- described in subclauses (II) through (X) of MENT.—The Secretary shall establish proce- mitted, the Secretary has not received from subsection (i)(3)(B)(iv) and submitted under dures and mechanisms to allow for the vol- the responsible person involved the informa- this section in the database described in sub- untary submission to the database of the in- tion required pursuant to such notice, the section (i)— formation described in subsection (i)(3)(B) Secretary, after providing the opportunity ‘‘(I) as soon as practicable after receiving with respect to clinical trials completed for a hearing, shall order such responsible such data; or prior to the date of enactment of the FACT person to pay a civil penalty of $10,000 for ‘‘(II) in the case of data to which clause (ii) Act. In cases in which it is in the interest of each day after such date that the informa- applies, by the date described in clause (iii). public health, the Secretary may require tion is not submitted. ‘‘(ii) DATA DESCRIBED.—This clause applies that information from such trials be sub- ‘‘(ii) WAIVERS.—In any case in which a re- to data described in clause (i) if— mitted to the database. To the extent prac- sponsible person described in clause (i) is a ‘‘(I) the responsible person involved re- ticable, submissions to the database shall nonprofit entity, the Secretary may waive or quests a delay in the inclusion in the data- comply with paragraph (4). Failure to com- reduce the penalties applicable under such base of such data in order to have such data ply with a requirement to submit informa- clause to such person. published in a peer reviewed journal; and tion to the database under this paragraph ‘‘(E) NOTICE OF PUBLICATION OF DATA.—If ‘‘(II) the Secretary determines that an at- shall be deemed to be a failure to submit in- the responsible person is the manufacturer tempt will be made to seek such publication. formation as required under this section, and or distributor of the drug, biological product, ‘‘(iii) DATE FOR INCLUSION IN REGISTRY.— the appropriate remedies and sanctions or device involved, the notice under subpara- Subject to clause (iv), the date described in under this section shall apply. graphs (A)(i) and (C)(ii)(I) shall include a no- this clause is the earlier of— ‘‘(6) TRIALS NOT INVOLVING DRUGS, BIOLOGI- tice that the Secretary shall publish the ‘‘(I) the date on which the data involved is CAL PRODUCTS, OR DEVICES.—The Secretary data described in subsection (i)(3)(B) in the published as provided for in clause (ii); or shall establish procedures and mechanisms database if the responsible person has not ‘‘(II) the date that is 18 months after the to allow for the voluntary submission to the submitted the information specified in the date on which such data is submitted to the database of the information described in sub- notice transmitted by the date that is 6 Secretary. section (i)(3)(B) with respect to clinical months after the date of such notice. ‘‘(iv) EXTENSION OF DATE.—The Secretary trials that do not involve drugs, biological ‘‘(F) PUBLICATION OF DATA.—Notwith- may extend the 18-month period described in products, or devices. In cases in which it is standing section 301(j) of the Federal Food, clause (iii)(II) for an additional 6 months if in the interest of public health, the Sec- Drug, and Cosmetic Act, section 1905 of title the responsible person demonstrates to the retary may require that information from 18, United States Code, or any other provi- Secretary, prior to the expiration of such 18- such trials be submitted to the database. sion of law, if the responsible person is the month period, that the data involved has Failure to comply with such a requirement manufacturer or distributor of the drug, bio- been accepted for publication by a journal shall be deemed to be a failure to submit in- logical product, or device involved, and if the described in clause (ii)(I). formation as required under this section, and responsible person has not submitted to the the appropriate remedies and sanctions ‘‘(v) MODIFICATION OF DATA.—Prior to in- Secretary the information specified in a no- under this section shall apply. cluding data in the database under clause (ii) tice transmitted pursuant to subparagraph ‘‘(7) SUBMISSION OF INACCURATE INFORMA- or (iv), the Secretary shall permit the re- (A)(i) or (C)(ii)(I) by the date that is 6 TION.— sponsible person to modify the data involved. months after the date of such notice, the ‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(6) EFFECT.—The information with re- Secretary shall publish in the registry infor- mines that information submitted by a prin- spect to a clinical trial submitted to the Sec- mation that— cipal investigator or a responsible person retary under this subsection, including data ‘‘(i) is described in subsection (i)(3)(B); and under this section is factually and sub- published by the Secretary pursuant to para- ‘‘(ii) the responsible person has submitted stantively inaccurate, the Secretary shall graph (2)(F), may not be submitted by a per- to the Secretary in any application, includ- submit a notice to the investigator or re- son other than the responsible person as part ing a supplemental application, for the drug sponsible person concerning such inaccuracy or device under section 505, 510, 515, or 520 of of, or referred to in, an application for ap- that includes— the Federal Food, Drug, and Cosmetic Act or proval of a drug or device under section 505, ‘‘(i) a summary of the inaccuracies infor the biological product under section 351. 510, 515, or 520 of the Federal Food, Drug, and volved; and Cosmetic Act or of a biological product ‘‘(3) DATE SPECIFIED.—The date specified in ‘‘(ii) a request for corrected information this paragraph shall be the date that is 1 under section 351, unless the information is within 30 days. year from the earlier of— available from a source other than the reg- ‘‘(B) AUDIT OF INFORMATION.— ‘‘(A) the estimated completion date of the istry or database described in subsection (i). ‘‘(i) IN GENERAL.—The Secretary may con- trial, submitted under subsection ‘‘(l) PROCEDURES AND WAIVERS.— duct audits of any information submitted (i)(3)(B)(vi)(I)(ii); or ‘‘(1) SUBMISSION PRIOR TO NOTICE.—Nothing under subsection (i). ‘‘(B) the actual date of completion or ter- in subsections (j) through (k) shall be con- ‘‘(ii) REQUIREMENT.—Any principal investi- mination of the trial. strued to prevent a principal investigator or gator or responsible person that has sub- ‘‘(4) USE OF FUNDS.— a responsible person from submitting any in- mitted information under subsection (i) shall ‘‘(A) IN GENERAL.—The Secretary shall de- formation required under this subsection to permit the Secretary to conduct the audit posit the funds collected under paragraph (2) the Secretary prior to receiving any notice described in clause (i). into an account and use such funds, in con- described in such subsections. ‘‘(C) CHANGES TO INFORMATION.—Any sultation with the Director of the Agency for ‘‘(2) ONGOING TRIALS.—A factually accurate change in the information submitted by a Healthcare Research and Quality, to fund statement that a clinical trial is ongoing principal investigator or a responsible per- studies that compare the clinical effective- shall be deemed to be information sufficient son under this section shall be reported to ness of 2 or more treatments for similar dis- to demonstrate to the Secretary that the in- the Secretary within 30 days of the date on eases or conditions. formation described in subsections (j)(1)(A) which such investigator or person became ‘‘(B) FUNDING DECISIONS.—The Secretary and (k)(1)(A) cannot reasonably be sub- aware of the change for purposes of updating shall award funding under subparagraph (A) mitted. the registry or the database. based on a priority list established not later ‘‘(3) INFORMATION PREVIOUSLY SUBMITTED.— ‘‘(D) FAILURE TO CORRECT.—If a principal than 6 months after the date of enactment of Nothing in subsections (j) through (k) shall investigator or a responsible person fails to the FACT Act by the Director of the Agency be construed to require the Secretary to send permit an audit under subparagraph (B), pro- for Healthcare Research and Quality and pe- a notice to any principal investigator or re- vide corrected information pursuant to a no- riodically updated as determined appropriate sponsible person requiring the submission to tice under subparagraph (A), or provide by the Director. the Secretary of information that has al- changed information under subparagraph (C), ‘‘(5) INCLUSION IN REGISTRY.— ready been submitted. the investigator or responsible person in- ‘‘(A) GENERAL RULE.—The Secretary shall, ‘‘(4) SUBMISSION FORMAT AND TECHNICAL volved shall be deemed to have failed to sub- pursuant to subsection (i)(5), include— STANDARDS.— mit information as required under this sec- ‘‘(i) the data described in subsection ‘‘(A) IN GENERAL.—The Secretary shall, to tion and the appropriate remedies and sanc- (i)(3)(A) and submitted under the amend- the extent practicable, accept submissions tion under this section shall apply. ments made by section 4(a) of the FACT Act required under this subsection in an elec- ‘‘(E) CORRECTIONS.— in the registry described in subsection (i) as tronic format and shall establish interoper- ‘‘(i) IN GENERAL.—The Secretary may cor- soon as practicable after receiving such data; able technical standards for such submis- rect, through any means deemed appropriate and sions. by the Secretary to protect public health, ‘‘(ii) the data described in clause (I) of sub- ‘‘(B) CONSISTENCY OF STANDARDS.—To the any information included in the registry or section (i)(3)(B)(iv) and submitted under this extent practicable, the standards established the database described in subsection (i) (in- subsection in the database described in sub- under subparagraph (A) shall be consistent cluding information described or contained section (i) as soon as practicable after re- with standards adopted by the Consolidated in a publication referred to under subclause ceiving such data. Health Informatics Initiative (or a successor (VI) of subsection (i)(3)(B)(iv)) that is—

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‘‘(I) submitted to the Secretary for inclu- practicable after receiving such information. ‘‘(3) INDIVIDUAL LIABILITY.— sion in the registry or the database; and Failure to comply with this paragraph shall ‘‘(A) LIMITATION ON LIABILITY OF INDIVID- ‘‘(II) factually and substantively inac- be deemed to be a failure to submit informa- UALS.—No individual shall be liable for any curate or false or misleading. tion as required under this section, and the civil monetary penalty under this section. ‘‘(ii) RELIANCE ON INFORMATION.—The Sec- appropriate remedies and sanctions under ‘‘(B) INDIVIDUALS WHO ARE RESPONSIBLE retary may rely on any information from a this section shall apply. PERSONS.—If a responsible person under sub- clinical trial or a report of an adverse event ‘‘(2) CLINICAL TRIAL DESCRIBED.—A clinical paragraph (A) or (B) of paragraph (1) is an in- acquired or produced under the authority of trial is described in this paragraph if— dividual, such individual shall be subject to section 351 of this Act or of the Federal ‘‘(A) such trial is conducted outside of the the procedures and conditions described in Food, Drug, and Cosmetic Act in deter- United States; and subsection (j).’’. mining whether to make corrections as pro- ‘‘(B) the data from such trial is— (c) AUTHORIZATION OF APPROPRIATIONS.— vided for in clause (i). ‘‘(i) submitted to the Secretary as part of Section 402 of the Public Health Service Act ‘‘(iii) DETERMINATIONS RELATING TO MIS- an application, including a supplemental ap- (42 U.S.C. 282), as amended by this section, is LEADING INFORMATION.—For purposes of plication, for a drug or device under section further amended by adding at the end the clause (i)(II), in determining whether infor- 505, 510, 515, or 520 of the Federal Food, Drug, following: mation is misleading, the Secretary shall and Cosmetic Act or for the biological prod- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— use the standard described in section 201(n) uct under section 351; or There are authorized to be appropriated such of the Federal Food, Drug, and Cosmetic Act ‘‘(ii) used in advertising or labeling to sums as may be necessary to carry out this that is used to determine whether labeling or make a claim about the drug, device, or bio- section.’’. advertising is misleading. logical product involved. (d) CONFORMING AMENDMENT.—Section ‘‘(iv) RULE OF CONSTRUCTION.—This sub- ‘‘(n) DEFINITIONS; INDIVIDUAL LIABILITY.— 402(c)(1)(D) of the Public Health Service Act paragraph shall not be construed to author- ‘‘(1) RESPONSIBLE PERSON.— (42 U.S.C. 282(c)(1)(D)), as amended by Public ize the disclosure of information if— ‘‘(A) IN GENERAL.—In this section, the term Law 109-482, is amended by striking ‘‘402(k)’’ ‘‘(I) such disclosure would constitute an in- ‘responsible person’ with respect to a clinical and inserting ‘‘402(p)’’. vasion of personal privacy; trial, means— SEC. 4. REVIEW AND APPROVAL OF PROPOSALS ‘‘(II) such information concerns a method ‘‘(i) if such clinical trial is the subject of FOR RESEARCH. or process which as a trade secret is entitled an investigational new drug application or (a) AMENDMENTS.—Section 492A(a) of the to protection within the meaning of section an application for an investigational device Public Health Service Act (42 U.S.C. 289a– 301(j) of the Federal Food, Drug, and Cos- exemption, the sponsor of such investiga- 1(a)) is amended— metic Act; tional new drug application or such applica- (1) in paragraph (1)(A), by striking ‘‘un- ‘‘(III) such disclosure would disclose con- tion for an investigational device exemption; less’’ and all that follows through the period fidential commercial information or a trade or and inserting the following: ‘‘unless— secret, other than a trade secret described in ‘‘(ii) except as provided in subparagraph ‘‘(i) the application has undergone review subclause (II), unless such disclosure is nec- (B), if such clinical trial is not the subject of in accordance with such section and has been essary— an investigational new drug application or recommended for approval by a majority of ‘‘(aa) to make a correction as provided for an application for an investigational device the members of the Board conducting the re- under clause (i); and exemption— view; ‘‘(bb) protect the public health; or ‘‘(I) the person that provides the largest ‘‘(ii) such Board has submitted to the Sec- ‘‘(IV) such disclosure relates to a biological share of the monetary support (such term retary a notification of such approval; and product for which no license is in effect does not include in-kind support) for the con- ‘‘(iii) with respect to an application involv- under section 351, a drug for which no ap- duct of such trial; or ing a clinical trial to which section 402(i) approved application is in effect under section ‘‘(II) in the case in which the person de- plies, the principal investigator who has sub- 505(c) of the Federal Food, Drug, and Cos- scribed in subclause (I) is a Federal or State mitted such application has submitted to the metic Act, or a device that is not cleared agency, the principal investigator of such Secretary for inclusion in the registry and under section 510(k) of such Act or for which trial. the database described in section 402(i) the no application is in effect under section 515 ‘‘(B) NONPROFIT ENTITIES AND REQUESTING information described in paragraph (3)(A) of such Act. PERSONS.— and subclause (I) of paragraph (3)(B)(iv) of ‘‘(v) NOTICE.—In the case of a disclosure ‘‘(i) NONPROFIT ENTITIES.—For purposes of such section.’’; and under clause (iv)(III), the Secretary shall no- subparagraph (A)(ii)(I), if the person that (2) by adding at the end the following: tify the manufacturer or distributor of the provides the largest share of the monetary ‘‘(3) COST RECOVERY.—Nonprofit entities drug, biological product, or device involved— support for the conduct of the clinical trial may recover the full costs associated with ‘‘(I) at least 30 days prior to such disclo- involved is a nonprofit entity, the respon- compliance with the requirements of para- sure; or sible person for purposes of this section shall graph (1) from the Secretary as a direct cost ‘‘(II) if immediate disclosure is necessary be— of research.’’. to protect the public health, concurrently ‘‘(I) the nonprofit entity; or (b) REGULATIONS.—The Secretary of Health with such disclosure. ‘‘(II) if the nonprofit entity and the prin- and Human Services shall modify the regula- ‘‘(8) WAIVERS REGARDING CLINICAL TRIAL RE- cipal investigator of such trial jointly cer- tions promulgated at part 46 of title 45, Code SULTS.—The Secretary may waive the re- tify to the Secretary that the principal in- of Federal Regulations, part 50 of title 21, quirements of subsections (j)(1) and (k)(1) vestigator will be responsible for submitting Code of Federal Regulations, and part 56 of that the results of clinical trials be sub- the information described in subsection title 21, Code of Federal Regulations, to re- mitted to the Secretary, upon a written re- (i)(3)(B) for such trial, the principal investi- flect the amendments made by subsection quest from the responsible person if the Sec- gator. (a). retary determines that extraordinary cir- ‘‘(ii) REQUESTING PERSONS.—For purposes (c) CONFORMING AMENDMENT.—Section cumstances justify the waiver and that proof subparagraph (A)(ii)(I), if a person— 492A(a)(2) of the Public Health Service Act viding the waiver is in the public interest, ‘‘(I) has submitted a request to the Sec- (42 U.S.C. 289a–1(a)(2)), as amended by Public consistent with the protection of public retary that the Secretary recognize the per- Law 109-482, is amended by striking ‘‘402(k)’’ health, or in the interest of national secu- son as the responsible person for purposes of and inserting ‘‘402(p)’’. rity. Not later than 30 days after any part of this section; and SEC. 5. PROHIBITED ACTS. a waiver is granted, the Secretary shall no- ‘‘(II) the Secretary determines that such Section 301 of the Federal Food, Drug, and tify, in writing, the appropriate committees person— Cosmetic Act (21 U.S.C. 331) is amended by of Congress of the waiver and provide an ex- ‘‘(aa) provides monetary support for the adding at the end the following: planation for why the waiver was granted. conduct of such trial; ‘‘(ii)(1) The entering into of a contract or ‘‘(m) TRIALS CONDUCTED OUTSIDE OF THE ‘‘(bb) is responsible for the conduct of such other agreement by a responsible person or a UNITED STATES.— trial; and manufacturer of a drug, biological product, ‘‘(1) IN GENERAL.—With respect to clinical ‘‘(cc) will be responsible for submitting the or device with an individual who is not an trials described in paragraph (2), the respon- information described in subsection (i)(3)(B) employee of such responsible person or man- sible person shall submit to the Secretary for such trial; ufacturer, or the performance of any other the information required under subclauses such person shall be the responsible person act by such a responsible person or manufac- (II) through (X) of subsection (i)(3)(B)(iv). for purposes of this section. turer, that prohibits, limits, or imposes un- The Secretary shall ensure that the informa- ‘‘(2) DRUG, DEVICE, BIOLOGICAL PRODUCT.—In reasonable delays on the ability of such indi- tion described in the preceding sentence is this section— vidual to— made available in the database under sub- ‘‘(A) the terms ‘drug’ and ‘device’ have the ‘‘(A) discuss the results of a clinical trial section (i) in a timely manner. Submissions meanings given such terms in section 201 of at a scientific meeting or any other public or to the database shall comply with subsection the Federal Food, Drug, and Cosmetic Act; private forum; or (l)(4) to the extent practicable. The Sec- and ‘‘(B) publish the results of a clinical trial retary shall include the information de- ‘‘(B) the term ‘biological product’ has the or a description or discussion of the results scribed in the preceding sentence in the meaning given such term in section 351 of of a clinical trial in a scientific journal or database under subsection (i) as soon as this Act. any other publication.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1454 CONGRESSIONAL RECORD — SENATE January 31, 2007 ‘‘(2) The entering into a contract or other tration and the drug Vioxx. That hear- puts the drugs on the market in the agreement by a responsible person or a man- ing and other critical drug safety con- first place. ufacturer of a drug, biological product, or de- cerns that have come to light since Even more troubling is the fact that vice with an academic institution or a health then highlight the need for comprehen- those who speak out of line are tar- care facility, or the performance of any other act by such a responsible person or sive and systematic reforms as well as geted. Whistleblowers, as we call them, manufacturer, that prohibits, limits, or im- more stringent oversight of the Food are targeted. They are very helpful to poses unreasonable delays on the ability of and Drug Administration. Congress in ferreting out wrongdoing, an individual who is not an employee of such Over the past 3 years, it has become that laws are not being faithfully exe- responsible person or manufacturer to— increasingly apparent that the Food cuted, that money is not being spent ‘‘(A) discuss the results of a clinical trial and Drug Administration has repeat- according to congressional intent. So at a scientific meeting or any other public or edly failed to protect the public from they speak out at the FDA and point private forum; or an industry that focuses all too often out a lot of things that are wrong. And ‘‘(B) publish the results of a clinical trial on profits, even when those profits or a description or discussion of the results what do they get for it? They are treat- of a clinical trial in a scientific journal or come at the expense of ‘‘John Q. Pub- ed like a skunk at a picnic. They are any other publication.’’. lic.’’ targeted. SEC. 6. REPORTS. In 2005, then, and because of this, So this legislation we put before us (a) IMPLEMENTATION REPORT.—Not later Senator DODD and I introduced almost would provide the new center with the than 1 year after the date of enactment of identical companion bills to advance independence and authority to prompt- this Act, the Secretary of Health and Human serious reforms at the Food and Drug ly identify serious safety risks and Services shall submit to the appropriate Administration. In the 2 years fol- take necessary actions to protect the committees of Congress a report on the sta- lowing the introduction of those bills, public, and I hope eliminate some of tus of the implementation of the require- however, the Food and Drug Adminis- the intimidation against whistle- ments of the amendments made by section 3 that includes a description of the number tration failed to take comprehensive blowers. and types of clinical trials for which infor- and systematic steps toward restoring At the same time, the intra-agency mation has been submitted under such public confidence in that agency, as communication is essential in address- amendments. well as the necessity of strengthening ing drug safety. So this legislation (b) DATA COLLECTION.— public safety. would encourage communication be- (1) IN GENERAL.—The Secretary of Health Yesterday, the Food and Drug Ad- tween the center and other centers and and Human Services shall enter into a con- ministration released its response to offices, or let’s say subagencies at the tract with the Institute of Medicine for the the Institute of Medicine’s 2006 report Food and Drug Administration that conduct of a study concerning the extent to on drug safety. The two safety bills in- which data submitted to the registry under handle drugs and biological products, section 402(i) of the Public Health Service troduced today are not intended to sup- to do what is best for the consumer and Act (42 U.S.C. 282(i)) has impacted the public plant the plans articulated in the Food not have big PhRMA having undue in- health. and Drug Administration’s response fluence. (2) REPORT.—Not later than 6 months after but, rather, to augment those plans The second bill we are introducing the date on which a contract is entered into and to provide the FDA with additional would expand an existing Web site, under paragraph (1), the Institute of Medi- enforcement tools, something they now www.clinicaltrials.gov, to create a pub- cine shall submit to the Secretary of Health lack. licly accessible national databank of and Human Services a report on the results In fact, one of our bills is intended to clinical trial information. The of the study conducted under such para- specifically address a serious problem graph. Such report shall include rec- databank would be comprised of a clin- ommendations for changes to the registry, that was also identified by the Insti- ical trial registry and a clinical trial the database, and the data submission re- tute of Medicine. Dr. Alta Charo, a results database of all publicly and pri- quirements that would benefit the public member of the Institute of Medicine vately funded clinical trials so that ev- health. committee that wrote the report on erything is out there for the public to Mr. GRASSLEY. Madam President, I drug safety, stated in the newspaper consider, not letting somebody choose: am pleased to have bipartisan sponsor- USA Today: Well, if this is a little negative toward ship of two very important bills with I have to confess I’m disappointed that our drug, we will not make that public. Senator DODD of Connecticut that are they— All the positive stuff, of course, we will being introduced today, the Food and Meaning the FDA— make public. Drug Administration Safety Act of 2007 ignored one of our most critical rec- So I think this legislation is going to and the Fair Access to Clinical Trials ommendations. foster transparency. But it is going to Act of 2007. According to the USA Today article, bring about a great deal of account- These bills are part of a sustained ef- she was referring to the Institute of ability in health research and develop- fort to restore public confidence in the Medicine’s recommendation that the ment and ensure that the scientific Federal Government’s food and drug Food and Drug Administration give community and, most importantly, the safety program and to make sure the more clout to the office that monitors general public whom we are trying to agency does all it can to protect the drugs after they go to market. I want protect have access to basic informa- public. you to know I agree with Dr. Charo. tion about clinical trials, about new Enactment of those two bills would The Food and Drug Administration drugs going out on the market. provide doctors and patients with more Safety Act of 2007 would then establish The legislation would also create an information about the risks and bene- an independent center within the Food environment that would encourage fits of their medicines and bring about and Drug Administration. The name of companies from withholding clinically greater transparency and account- the center would be the Center for important information about their ability of the Food and Drug Adminis- Postmarket Evaluation and Research products from the Food and Drug Ad- tration. for Drugs and Biologics. The director of ministration and from the public. I am sure my colleagues realize I this center would report directly to the By the way, the information that is have been involved in oversight of the Food and Drug Administration Com- coming out now about Vioxx in the Food and Drug Administration for now missioner and would be responsible for newspapers today will even tell you at least 3 years, and it has been in re- conducting risk assessments for ap- that a long time before Vioxx went on sponse to concerns about the reluc- proved drugs and biological products. the market there were scientists with- tance of the Food and Drug Adminis- The new center would also be respon- in the company who were raising ques- tration to provide information to the sible for ensuring the safety and effec- tions about whether it was going to public about the increased suicide risks tiveness of drugs once they are on the cause harm to the heart. All of this infor young people taking market. Unfortunately, the problem we formation should be out there. The antidepressants. are trying to solve is that now at the public ought to know it. Your doctor In November 2004, I chaired a FDA, the office that reviews drug safe- ought to know it. Transparency and ac- groundbreaking hearing on drug safety ty postmarketing is a mere consultant countability should not hurt anybody involving the Food and Drug Adminis- and under the thumb of the office that in an open society such as we have in

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1455 America. Oh, there might be some le- S. 468 public, the Director of the Center, in con- gitimate reasons for intellectual prop- Be it enacted by the Senate and House of Rep- sultation with the Director of the Center for erty privacy, but nothing beyond that. resentatives of the United States of America in Drug Evaluation and Research or the Direc- If we have learned anything over the Congress assembled, tor of the Center for Biologics Evaluation last few years, it is that the Food and SECTION 1. SHORT TITLE. and Research, as appropriate, shall consider the risk in relation to the known benefits of Drug Administration is a troubled This Act may be cited as the ‘‘Food and Drug Administration Safety Act of 2007’’. such drug or biological product. agency that lost sight of its funda- ‘‘(c) SECRETARIAL AUTHORITY.— mental function. That fundamental SEC. 2. CENTER FOR POSTMARKET EVALUATION AND RESEARCH FOR DRUGS AND ‘‘(1) IN GENERAL.—Approval of a drug under function is to protect the safety and BIOLOGICS. section 505 of this Act or issuance of a li- the efficacy of new prescription drugs. (a) IN GENERAL.—Chapter V of the Federal cense for a biological product under section Two very important things for them Food, Drug, and Cosmetic Act (21 U.S.C. 351 351 of the Public Health Service Act may be to answer: Are the drugs safe for you? et seq.) is amended by inserting after section subject to the requirement that the sponsor Are they effective? 506C the following: conduct 1 or more postmarket studies as de- Unfortunately, the public has good ‘‘SEC. 507. DRUG SAFETY. scribed in subsection (d) or (e) of this sec- reason to doubt the Food and Drug Ad- ‘‘(a) ESTABLISHMENT OF THE CENTER FOR tion, or other postmarket studies as required ministration’s ability to do its job. And POSTMARKET EVALUATION AND RESEARCH FOR by the Secretary, to validate the safety and DRUGS AND BIOLOGICS.—There is established effectiveness of the drug or biological prod- experts from all over the country have uct. expressed concern. These two bills, within the Food and Drug Administration a Center for Postmarket Evaluation and Re- ‘‘(2) DEFINITION.—For purposes of this sec- then, that Senator DODD and I are in- search for Drugs and Biologics (referred to in tion, the term ‘postmarket’ means— troducing—and let me parenthetically the section as the ‘Center’). The Director of ‘‘(A) with respect to a drug, after approval say for the public, people are always the Center shall report directly to the Com- of an application under section 505; and thinking that Democrats are hitting on missioner of Food and Drugs. ‘‘(B) with respect to a biological product, Republicans and Republicans are hit- ‘‘(b) DUTIES OF THE CENTER FOR after licensure under section 351 of the Pub- ting on Democrats. There is a lot going POSTMARKET EVALUATION AND RESEARCH FOR lic Health Service Act. on around here you never see on DRUGS AND BIOLOGICS.— ‘‘(d) PREAPPROVAL REVIEW.— evening television that is bipartisan ‘‘(1) RESPONSIBILITIES OF DIRECTOR.—The ‘‘(1) REVIEW OF APPLICATION.— ‘‘(A) IN GENERAL.— because there is not controversy about Director of the Center, in consultation with the Director of the Center for Drug Evalua- ‘‘(i) REVIEW.—At any time before a drug is it, or at least there is no controversy tion and Research or the Director of the Cen- approved under section 505 of this Act or a between Republicans and Democrats. ter for Biologics Evaluation and Research, as biological product is licensed under section But what they want to put in the news appropriate, shall— 351 of the Public Health Service Act, the Di- media every night is when some Repub- ‘‘(A) conduct postmarket risk assessment rector of the Center shall review the applica- lican is fighting some Democrat. So of drugs approved under section 505 of this tion (or supplement to the application), and our constituents get a view about this Act and of biological products licensed under any analyses associated with the applica- Congress that is very distorted. section 351 of the Public Health Service Act; tion, of such drug or biological product. I would like to have people read on a ‘‘(B) conduct and improve postmarket sur- ‘‘(ii) EFFECT OF APPROVAL OR LICENSURE.— veillance of approved drugs and licensed bio- The approval of a drug under section 505 or regular basis about how Senator BAU- logical products using postmarket surveil- the licensure of a biological product under CUS and I meet on a regular basis to de- lance programs and activities (including such section 351 shall not affect the continu- termine the agenda for the Finance MedWatch), risk-benefit analyses, adverse ation and completion of a review under Committee. I would like to have them event reports, the scientific literature, any clause (i). read about how he and I have put out clinical or observational studies (including ‘‘(B) LIMITATION.—In no case shall the re- bipartisan bills for the last 6 years— studies required under subsection (d) or (e)), view under subparagraph (A) delay a decision whether he was chairman or I was and any other resources that the Director of with respect to an application for a drug chairman—and that every one of them the Center determines appropriate; under section 505 of this Act or for a biologi- got to the President to be signed. But ‘‘(C) determine whether a study is required cal product under section 351 of the Public Health Service Act. you do not hear those things. under subsection (d) or (e) and consult with ‘‘(2) RESULT OF REVIEW.—The Director of So I want to emphasize, this is a the sponsors of drugs and biological products to ensure that such studies are completed by the Center may, based on the review under DODD—and Senator DODD is a Demo- the date, and according to the terms, speci- paragraph (1)— crat from Connecticut—and a GRASS- fied by the Director of the Center; ‘‘(A) require that the sponsor of the appli- LEY bill—and GRASSLEY is a Republican ‘‘(D) contract, or require the sponsor of an cation agree to conduct 1 or more Senator from Iowa. So this bill is being application or the holder of an approved ap- postmarket studies to determine the safety introduced to ensure the safety and ef- plication or license to contract, with the or effectiveness of a drug or biological prod- ficacy of new prescription drugs, not to holders of domestic and international pa- uct, including such safety or effectiveness as do something new for the FDA, just to tient databases to conduct epidemiologic and compared to other drugs or biological prod- give them the tools to do what they other observational studies; ucts, to be completed by a date, and according to the terms, specified by the Director of have had a responsibility to do for sev- ‘‘(E) determine, based on postmarket surveillance programs and activities (including the Center; or eral decades. MedWatch), risk-benefit analyses, adverse ‘‘(B) contract, or require the sponsor of the So the public has doubts about the event reports, the scientific literature, and application to contract, with a holder of a FDA’s ability to do it. These two bills any clinical or observational studies (includ- domestic or an international patient data- will help put the FDA back on the path ing studies required under subsection (d) or base to conduct 1 or more epidemiologic or to fulfilling its mission and, most im- (e)), and any other resources that the Direc- other observational studies. portantly, put the American consumer tor of the Center determines appropriate, ‘‘(e) POSTMARKETING STUDIES OF DRUG first. whether a drug or biological product may SAFETY.— So, Madam President, in closing, I present an unreasonable risk to the health of ‘‘(1) IN GENERAL.—At any time after a drug ask unanimous consent that my state- patients or the general public, and take cor- is approved under section 505 of this Act or a rective action if such an unreasonable risk biological product is licensed under section ment in the RECORD that I give today may exist; 351 of the Public Health Service Act, the Di- be coupled with the statement of Sen- ‘‘(F) make information about the safety rector of the Center, may— ator DODD, which will be given later and effectiveness of approved drugs and li- ‘‘(A) require that the holder of an approved today, regarding the introduction of censed biological products available to the application or license conduct 1 or more these important bills. public and healthcare providers in a timely studies to determine the safety or effective- By giving me this unanimous con- manner; and ness of such drug or biological product, in- sent, it will assure the public, when ‘‘(G) conduct other activities as the Direc- cluding such safety and effectiveness as com- they read about these bills, knows that tor of the Center determines appropriate to pared to other drugs or biological products, ensure the safety and effectiveness of all to be completed by a date, and according to DODD is a Democrat, GRASSLEY is a Re- drugs approved under section 505 and all bio- the terms, specified by such Director; or publican, and they are bipartisan bills. logical products licensed under section 351 of ‘‘(B) contract, or require the holder of the The PRESIDING OFFICER. Without the Public Health Service Act. approved application or license to contract, objection, it is so ordered. ‘‘(2) DETERMINATION OF UNREASONABLE with a holder of a domestic or an inter- There being no objection, the text of RISK.—In determining whether a drug or bio- national patient database to conduct 1 or the bill was ordered to be printed in logical product may present an unreasonable more epidemiologic or other observational the RECORD, as follows: risk to the health of patients or the general studies.

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‘‘(2) REVIEW OF OUTSTANDING STUDIES.—Not ‘‘(B) the nature of the study; ‘‘(ii) modifying the approved indication of later than 90 days after the date of enact- ‘‘(C) the primary and secondary outcomes the drug or biological product to restrict use ment of the Food and Drug Administration of the study; to certain patients; Safety Act of 2007, the Director of the Center ‘‘(D) the date the study was required under ‘‘(iii) placing restriction on the distribu- shall— subsection (d) or (e) or was agreed to by the tion of the drug or biological product to en- ‘‘(A) review and publish a list in the Fed- sponsor; sure safe use; eral Register of any postmarketing studies ‘‘(E) the deadline for completion of the ‘‘(iv) requiring the sponsor of the drug or outstanding on the date of enactment of the study; and biological product or license to establish a Food and Drug Administration Safety Act of ‘‘(F) if the study has not been completed patient registry; 2007; and by the deadline under subparagraph (E), a ‘‘(v) requiring patients to sign a consent ‘‘(B) as the Director determines appro- statement that explains why. form prior to receiving a prescription of the priate, require the sponsor of a study de- ‘‘(2) The periodic progress reports and re- drug or biological product; scribed in subparagraph (A) to conduct such sults of completed studies described under ‘‘(vi) requiring the sponsor to monitor study under this subsection. subsection (f). sales and usage of the drug or biological ‘‘(f) PUBLICATION OF PROGRESS REPORTS ‘‘(3) Any determinations made by the Di- product to detect unsafe use; AND COMPLETED STUDIES.— rector of the Center under subsection (g), in- ‘‘(vii) requiring patient or physician edu- ‘‘(1) IN GENERAL.—The Director of the Cen- cluding— cation; and ter shall require that the sponsor of a study ‘‘(A) reasons for the determination, includ- ‘‘(viii) requiring the establishment of a under subsection (d) or (e) submit to the Sec- ing factual basis for such determination; risk management plan by the sponsor; and retary— ‘‘(B) reference to supporting empirical ‘‘(B) shall include the requirements with ‘‘(A) not less frequently than every 90 days, data; and an up-to-date report describing the progress respect to promotional material under sub- ‘‘(C) an explanation that describes why section (l)(1). of such study; and contrary data is insufficient. ‘‘(B) upon the completion date of such ‘‘(3) PENALTIES.— study, the results of such study. ‘‘(i) DRUG ADVISORY COMMITTEE.—The Drug ‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(2) COMPLETION DATE.—For purposes of Safety and Risk Management Advisory Com- mines, after notice and opportunity for an this section, the completion date of such mittee within the Center of the Food and informal hearing, that a sponsor of a drug or study shall be determined by the Director of Drug Administration shall— biological product has failed to take the cor- the Center. ‘‘(1) meet not less frequently than every rective action ordered by the Director of the ‘‘(g) DETERMINATIONS BY DIRECTOR.— 180 days; and Center under this subsection or has failed to ‘‘(1) RESULTS OF STUDY.—The Director of ‘‘(2) make recommendations to the Direc- comply with subsection (l)(2), the Secretary the Center shall determine, upon receipt of tor of the Center with respect to— may order such sponsor to pay a civil pen- the results of a study required under sub- ‘‘(A) which drugs and biological products alty. section (d) or (e)— should be the subject of a study under sub- ‘‘(B) AMOUNT OF PENALTIES.— ‘‘(A) whether the drug or biological prod- section (d) or (e); ‘‘(i) IN GENERAL.—The civil penalty ordered uct studied may present an unreasonable ‘‘(B) the design and duration for studies under subparagraph (A) shall be $250,000 for risk to the health of patients or the general under subsection (d) or (e); the first 30-day period that the sponsor does public; and ‘‘(C) which drugs and biological products not comply with the order under paragraph ‘‘(B) what, if any, corrective action under may present an unreasonable risk to the (1), and shall double in amount for every 30- subsection (k) shall be taken to protect pa- health of patients or the general public; and day period thereafter that the order is not tients and the public health. ‘‘(D) appropriate corrective actions under complied with. ‘‘(2) RESULTS OF EVIDENCE.—The Director subsection (k). ‘‘(ii) LIMITATION.—In no case shall a pen- of the Center may, at any time, based on the ‘‘(j) PENALTIES.— alty under clause (i) exceed $2,000,000 for any empirical evidence from postmarket surveil- ‘‘(1) IN GENERAL.—If the Secretary deter- 30-day period. lance programs and activities (including mines, after notice and opportunity for an ‘‘(C) NOTIFICATION OF PENALTY.—The Sec- MedWatch), risk-benefit analyses, adverse informal hearing, that a sponsor of a drug or retary shall publish in the Federal Register event reports, the scientific literature, any biological product or other entity has failed any civil penalty ordered under this para- clinical or observational studies (including to complete a study required under sub- graph. studies required under subsection (d) or (e)), section (d) or (e) by the date or to the terms ‘‘(l) PROMOTION MATERIAL.— or any other resources that the Director of specified by the Secretary under such sub- ‘‘(1) SAFETY ISSUE.—If the Director of the the Center determines appropriate— section, the Secretary may order such spon- Center makes a determination that a drug or ‘‘(A) make a determination that a drug or sor or other entity to— biological product may present an unreason- biological product may present an unreason- ‘‘(A) complete the study in a specified able risk to the health of patients or the gen- able risk to the health of patients or the gen- time; eral public under subsection (g), such Direc- eral public; and ‘‘(B) revise the study to comply with the ‘‘(B) order a corrective action under sub- tor, in consultation with the Division of terms specified by the Secretary under sub- Drug Marketing, Advertising, and Commu- section (k) be taken to protect patients and section (d) or (e); or the public health. nications of the Food and Drug Administra- ‘‘(C) pay a civil penalty. tion, shall— ‘‘(3) REQUIRED CONSULTATION AND CONSIDER- ‘‘(2) AMOUNT OF PENALTIES.— ‘‘(A) notwithstanding section 502(n), re- ATIONS.—Before making a determination ‘‘(A) IN GENERAL.—The civil penalty or- under paragraph (2), ordering a study under quire that the sponsor of such drug or bio- dered under paragraph (1) shall be $250,000 for logical product submit to the Director of the subsection (d) or (e), or taking a corrective the first 30-day period after the date speci- action under subsection (k), the Director of Center copies of all promotional material fied by the Secretary that the study is not with respect to the drug or biological prod- the Center shall— completed, and shall double in amount for ‘‘(A) consult with the Director of the Cen- uct not less than 30 days prior to the dis- every 30-day period thereafter that the study semination of such material; and ter for Drug Evaluation and Research or the is not completed. Director of the Center for Biologics Evalua- ‘‘(B) require that all promotional material ‘‘(B) LIMITATION.—In no case shall a pen- tion and Research, as appropriate; and with respect to the drug or biological prod- alty under subparagraph (A) exceed $2,000,000 uct include certain disclosures, which shall ‘‘(B) consider— for any 30-day period. ‘‘(i) the benefit-to-risk profile of the drug be displayed prominently and in a manner ‘‘(3) NOTIFICATION OF PENALTY.—The Sec- easily understood by the general public, in- or biological product; retary shall publish in the Federal Register ‘‘(ii) the effect that a corrective action, or cluding— any civil penalty ordered under this sub- ‘‘(i) a statement that describes the unrea- failure to take corrective action, will have section. on the patient population that relies on the sonable risk to the health of patients or the drug or biological product; and ‘‘(k) RESULT OF DETERMINATION.— general public as determined by the Director ‘‘(iii) the extent to which the drug or bio- ‘‘(1) IN GENERAL.—If the Director of the of the Center; logical product presents a meaningful thera- Center makes a determination that a drug or ‘‘(ii) a statement that encourages patients peutic benefit as compared to other available biological product may present an unreason- to discuss potential risks and benefits with treatments. able risk to the health of patients or the gen- their healthcare provider; ‘‘(h) PUBLIC INFORMATION.—Periodically, eral public under subsection (g), such Direc- ‘‘(iii) a description of the corrective ac- but not less often than every 90 days, the tor shall order a corrective action, as de- tions required under subsection (k); Secretary shall make available to the public, scribed under paragraph (2). ‘‘(iv) where appropriate, a statement ex- by publication in the Federal Register and ‘‘(2) CORRECTIVE ACTIONS.—The corrective plaining that there may be products avail- posting on an Internet website, the following action described under subsection (g)— able to treat the same disease or condition information: ‘‘(A) may include— that present a more favorable benefit-to-risk ‘‘(1) Studies required under subsection (d) ‘‘(i) requiring a change to the drug or bio- profile, and that patients should talk to or (e) including— logical product label by a date specified by their healthcare provider about the risks and ‘‘(A) the type of study; the Director of the Center; benefits of alternative treatments;

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1457 ‘‘(v) a description of any requirements of consultation described in paragraph (1), in- Mr. BAUCUS. Mr. President, I rise outstanding clinical and observational stud- cluding— today to introduce the Rural Heritage ies, including the purpose of each study; and ‘‘(A) the reason for the determination to Conservation Extension Act of 2007, ‘‘(vi) contact information to report a sus- withdraw, suspend, or failure to withdraw or along with my good friend Senator pected adverse reaction. suspend, approval for the drug or licensure ‘‘(2) NEW PRODUCTS; OUTSTANDING STUD- for the biological product; GRASSLEY from Iowa. IES.—For the first 2-year period after a drug ‘‘(B) the factual basis for such determina- As we all know, the country, and my is approved under section 505 of this Act or a tion; home State of Montana, are losing pre- biological product is licensed under section ‘‘(C) reference to supporting empirical cious agricultural and ranch lands at a 351 of the Public Health Service Act, and data; record pace. While providing Montana with respect to drugs and biological products ‘‘(D) an explanation that describes why and the Nation with the highest qual- for which there are outstanding study re- contrary data is insufficient; and ity food and fiber, these farms and quirements under subsection (d) or (e), the ‘‘(E) the position taken by each individual ranches also provide habitat for wild- Director of the Center, in consultation with consulted. the Division of Drug Marketing, Advertising, ‘‘(n) EFFECT OF SECTION.—The authorities life and the open spaces, land that and Communications of the Food and Drug conferred by this section shall be separate many of us take for granted and as- Administration, shall— from and in addition to the authorities consume will always be there. Montana ‘‘(A) notwithstanding section 502(n), referred by section 505B. has begun to recognize the importance quire that the sponsor of such drug or bio- ‘‘(o) ADMINISTRATION OF SECTION.—The proof these lands. We currently have visions of this section shall be carried out by logical product submit to the Director of the 1,573,411 acres covered by conservation Center copies of all promotional material the Secretary, acting through the Director with respect to the drug or biological prod- of the Center.’’. easements. To some, that may seem uct not less than 30 days prior to the dis- (b) MISBRANDING.—Section 502 of the Fed- like a large amount, but this is Mon- semination of such material; and eral Food, Drug, and Cosmetic Act (21 U.S.C. tana, a State that covers 93,583,532 ‘‘(B) require that all promotional material 352) is amended by inserting after subsection acres, making the conservation ease- with respect to the drug or biological prod- (j) the following: ments coverage a mere 1.68 percent of uct include certain disclosures, which shall ‘‘(k) If it is a drug or biological product for which the sponsor of an application or holder all of our lands. be displayed prominently and in a manner To assure that open space and habi- easily understood by the general public, in- of an approved application or license has not cluding— complied with an order or requirement under tat will be there for future generations, ‘‘(i) a statement explaining that the drug section 507.’’. we must help our hardworking farmers or biological product is newly approved or li- (c) REPORT ON DEVICES.—Not later than 6 and ranchers preserve this precious censed or the subject of outstanding clinical months after the date of enactment of this heritage and their way-of-life. or observational studies, as the case may be, Act, the Secretary of Health and Human Conservation easements have been and, as a result, not all side effects or drug Services, in consultation with the Commis- sioner of Food and Drugs, the Director of the tremendously successful in preserving interactions may be known; open space and wildlife habitat. Last ‘‘(ii) the number of people in which the Center for Postmarket Evaluation and Re- drug or biological product has been studied search for Drugs and Biologics, and the Di- year, the Congress recognized this by and the duration of time during which the rector of the Center for Devices and Radio- providing targeted income tax relief to drug or biological product has been studied; logical Health, shall submit to Congress a re- small farmers and ranchers who wish ‘‘(iii) a statement that encourages patients port that— to make a charitable contribution of a to discuss the potential risks and benefits of (1) identifies gaps in the current process of qualified conservation easement. The treatment with their healthcare provider; postmarket surveillance of devices approved under the Federal Food, Drug, and Cosmetic provision allows eligible farmers and ‘‘(iv) a description of any requirements of ranchers to increase the amounts of de- outstanding clinical and observational stud- Act (21 U.S.C. 321 et seq.); ies, including the purpose of each study; and (2) includes recommendations on ways to duction that may be taken currently ‘‘(v) contact information to report a sus- improve gaps in postmarket surveillance of for charitable contributions of quali- pected adverse reaction. devices; and fied conservation easements by raising ‘‘(3) EFFECT OF VOLUNTARY SUBMISSION.— (3) identifies the changes in authority the Adjusted Gross Income (AGI) limi- Paragraphs (1)(A) and (2)(A) shall not apply needed to make those improvements, recog- tations to 100 percent and extending to the sponsor of a drug or biological product nizing the legitimate differences between de- the carryover period from 5 years to 15 if such sponsor has voluntarily submitted to vices and other medical products regulated by the Food and Drug Administration. years. In the case of all landowners, the Division of Drug Marketing, Advertising, the AGI limitation would be raised and Communications of the Food and Drug (d) TRANSFER OF FUNCTIONS.—The func- Administration all promotional material tions and duties of the Office of Surveillance from 30 percent to 50 percent. with respect to the drug or biological prod- and Epidemiology, including the Drug Safety The Rural Heritage Conservation Ex- uct prior to the dissemination of such mate- and Risk Management Advisory Committee, tension Act of 2007 would make this al- rial. of the Food and Drug Administration on the lowable deduction permanent, building ‘‘(m) WITHDRAWAL OR SUSPENSION OF AP- day before the date of enactment of this Act on the success of conservation ease- PROVAL OR LICENSURE.— shall be transferred to the Center for Postmarket Evaluation and Research for ments. Our farmers and ranchers will ‘‘(1) IN GENERAL.—The Director of the Cen- be able to preserve their important ag- ter, may withdraw or suspend approval of a Drugs and Biologics established under sec- drug or licensure of a biological product tion 507 of the Federal Food, Drug, and Cos- ricultural and ranching lands for fu- using expedited procedures (as prescribed by metic Act (as added by this section). The ture generations, while continuing to the Secretary in regulations promulgated Center for Postmarket Evaluation and Re- operate their businesses. Landowners, not later than 1 year after the date of enact- search for Drugs and Biologics shall be a sep- conservationists, the Federal Govern- ment of the Food and Drug Administration arate entity within the Food and Drug Ad- ment, and local communities are work- ministration and shall not be an administra- Safety Act of 2007, which shall include an op- ing together to preserve our precious portunity for an informal hearing) after con- tive office of the Center for Drug Evaluation and Research or the Center for Biologics natural resources. sultation with the Director of the Center for This legislation is vitally important Drug Evaluation and Research or the Direc- Evaluation and Research. (e) AUTHORIZATION OF APPROPRIATIONS.— tor of the Center for Biologics Evaluation to Montana, and to every other State There are authorized to be appropriated to and Research, as appropriate, and any other in the Nation. carry out this Act (and the amendments person as determined appropriate by the Di- I ask unanimous consent that the made by this Act)— rector of the Center, if— (1) $50,000,000 for fiscal year 2008; text of the bill be printed in the ‘‘(A) the Director of the Center makes a de- (2) $75,000,000 for fiscal year 2009; RECORD. termination that the drug or biological prod- (3) $100,000,000 for fiscal year 2010; There being no objection, the text of uct may present an unreasonable risk to the (4) $125,000,000 for fiscal year 2011; and the bill was ordered to be printed in health of patients or the general public, and (5) $150,000,000 for fiscal year 2012. the RECORD, as follows: that risk cannot be satisfactorily alleviated S. 469 by a corrective action under subsection (k); By Mr. BAUCUS (for himself and or Be it enacted by the Senate and House of Rep- Mr. GRASSLEY): ‘‘(B) the sponsor fails to comply with an resentatives of the United States of America in order or requirement under this section. S. 469. A bill to amend the Internal Congress assembled, Revenue Code of 1986 to make perma- ‘‘(2) PUBLIC INFORMATION.—The Secretary SECTION 1. SPECIAL RULE FOR CONTRIBUTIONS shall make available to the public, by publi- nent the special rule for contributions OF QUALIFIED CONSERVATION CON- cation in the Federal Register and posting of qualified conservation contribu- TRIBUTIONS MADE PERMANENT. on an Internet website, the details of the tions; to the Committee on Finance. (a) IN GENERAL.—

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1458 CONGRESSIONAL RECORD — SENATE January 31, 2007 (1) INDIVIDUALS.—Subparagraph (E) of sec- sional staff of such committee (under proce- 15, 2007. ISU was founded as Bloom- tion 170(b)(1) of the Internal Revenue Code of dures specified by section 202(j) of the Legis- ington-Normal in 1857. The school was 1986 (relating to contributions of qualified lative Reorganization Act of 1946). Illinois’s first public university and is conservation contributions) is amended by SEC. 3. The committee shall report its find- one of the oldest institutions of higher striking clause (vi). ings, together with such recommendations (2) CORPORATIONS.—Subparagraph (B) of for legislation as it deems advisable, to the education in the Midwest. Abraham section 170(b)(2) of such Code (relating to Senate at the earliest practicable date, but Lincoln himself drew up the legal pa- qualified conservation contributions) is not later than February 28, 2008, respec- pers to establish the University, which amended by striking clause (iii). tively. has grown from a small teachers’ col- (b) EFFECTIVE DATE.—The amendments SEC. 4. Expenses of the committee under lege to a premiere liberal arts univer- made by this section shall apply to contribu- this resolution shall be paid from the contin- sity. The University now serves more tions made in taxable years beginning after gent fund of the Senate upon vouchers ap- than 20,000 talented undergraduate and the date of the enactment of this Act. proved by the chairman of the committee, graduate students from across the except that vouchers shall not be required (1) f for the disbursement of salaries of employees country and from 88 nations. For 150 years, Illinois State Univer- SUBMITTED RESOLUTIONS paid at an annual rate, or (2) for the payment of telecommunications provided by the sity has prided itself on providing a Office of the Sergeant at Arms and Door- high quality education at a cost within SENATE RESOLUTION 52—AUTHOR- keeper, United States Senate, or (3) for the the reach of most students. In fact, ISU payment of stationery supplies purchased is ranked nationally as one of the 100 IZING EXPENDITURES BY THE through the Keeper of the Stationery, United COMMITTEE ON THE BUDGET ‘‘best values’’ in public higher edu- States Senate, or (4) for payments to the cation, according to Kiplinger maga- Mr. CONRAD submitted the fol- Postmaster, United States Senate, or (5) for the payment of metered charges on copying zine. ISU students can choose the pro- lowing resolution; from the Committee gram that best fits their academic on the Budget; which was referred to equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United needs from among 63 undergraduate the Committee on Rules and Adminis- States Senate, or (6) for the payment of Sen- programs in more than 160 fields of tration. ate Recording and Photographic Services, or study. In particular, I commend Illi- S. RES. 52 (7) for payment of franked and mass mail nois State for its successful College of Resolved, That, in carrying out its powers, costs by the Sergeant at Arms and Door- Education, which continues the Uni- duties, and functions under the Standing keeper, United States Senate. versity’s long tradition of educating Rules of the Senate, in accordance with its f teachers. ISU is one of the 10 largest jurisdiction under rule XXV of such rules, in- producers of teachers in the Nation. In cluding holding hearings, reporting such SENATE RESOLUTION 53—CON- hearings, and making investigations as au- GRATULATING ILLINOIS STATE fact, nearly 1 in 7 Illinois teachers thorized by paragraphs 1 and 8 of rule XXVI UNIVERSITY AS IT MARKS ITS holds a degree from ISU. By educating of the Standing Rules of the Senate, the SESQUICENTENNIAL future teachers, Illinois State Univer- Committee on the Budget is authorized from sity has played an invaluable role in March 1, 2007, through September 30, 2007; Mr. DURBIN (for himself and Mr. shaping the education of Illinois chil- October 1, 2007, through September 30, 2008; OBAMA) submitted the following resolu- dren. and October 1, 2008, through February 28, tion; which was referred to the Illinois State hosts a large and suc- 2009, in its discretion (1) to make expendi- Committe on the Judiciary: cessful athletics program. During the tures from the contingent fund of the Sen- S. RES. 53 past 23 years, the ISU Redbirds have ate, (2) to employ personnel, and (3) with the Whereas Illinois State University marks prior consent of the Government department won 125 league titles in 19 intercolle- its sesquicentennial with a year-long cele- or agency concerned and the Committee on giate sports. Redbird competitors have bration, beginning with Founders Day on Rules and Administration, to use on a reim- gone on to be professional athletes, February 15, 2007; bursable or nonreimbursable basis the serv- Olympians, and World Series Cham- Whereas Illinois State University is the ices of personnel of any such department or oldest public university in the State of Illi- pions, as in the case of pitcher Neal agency. nois; Cotts, an ISU alumnus and member of SEC. 2. (a) The expenses of the committee Whereas Illinois State University has 34 the 2005 World Champion Chicago for the period March 1, 2007, through Sep- academic departments and offers more than White Sox team. tember 30, 2007, under this resolution shall 160 programs of study in the College of Ap- Students at Illinois State are encour- not exceed $3,554,606, of which amount (1) not plied Science and Technology, the College of to exceed $35,000 may be expended for the aged to embrace the University’s Arts and Sciences, the College of Business, procurement of the services of individual motto, ‘‘Gladly we Learn and Teach,’’ the College of Education, the College of Fine consultants, or organizations thereof (as au- both in and outside the classroom. Arts, and the Mennonite College of Nursing; thorized by section 202(i) of the Legislative Many students choose to take part in Whereas Illinois State University is 1 of Reorganization Act of 1946), and (2) not to the 10 largest producers of teachers in the public service and outreach programs exceed $70,000 may be expended for the train- Nation, and nearly 1 in 7 Illinois teachers that provide learning and service expe- ing of the professional staff of such com- holds a degree from Illinois State University; riences beyond the classroom. ISU also mittee (under procedures specified by section Whereas Milner Library at Illinois State participates in the American Democ- 202(j) of the Legislative Reorganization Act University contains more than 3 million of 1946). racy Project, an initiative that pre- holdings and special collections; (b) For the period October 1, 2007, through pares students to be engaged in a com- Whereas Illinois State University is ranked September 30, 2008, expenses of the competitive global society. nationally as one of the 100 ‘‘best values’’ in mittee under this resolution shall not exceed Illinois State University has proven public higher education; and $6,230,828, of which amount (1) not to exceed Whereas Illinois State University partici- itself to be a tremendous asset to the $60,000 may be expended for the procurement pates in the American Democracy Project, students and citizens of Illinois for the of the services of individual consultants, or an initiative that prepares students to en- past 150 years. I congratulate the Uni- organizations thereof (as authorized by sec- gage in a competitive global society: Now, versity on its 150th anniversary, and I tion 202(i) of the Legislative Reorganization therefore, be it Act of 1946), and (2) not to exceed $120,000 look forward to many more years of ex- Resolved, That the Senate congratulates Il- may be expended for the training of the pro- cellence in education and academic ad- linois State University as it marks its ses- fessional staff of such committee (under pro- vancement in the future. quicentennial. cedures specified by section 202(j) of the Leg- f islative Reorganization Act of 1946). Mr. DURBIN. Mr. President, I rise (c) For the period October 1, 2008, through today to congratulate Illinois State SENATE RESOLUTION 54—AUTHOR- February 28, 2009, expenses of the committee University, ISU, as it marks its 150th IZING EXPENDITURES BY THE under this resolution shall not exceed year of providing an outstanding col- COMMITTEE ON HEALTH, EDU- $2,646,665, of which amount (1) not to exceed lege education to students in the State CATION, LABOR, AND PENSIONS $25,000 may be expended for the procurement of Illinois. Mr. KENNEDY submitted the fol- of the services of individual consultants, or organizations thereof (as authorized by sec- Illinois State University commemo- lowing resolution; from the Committee tion 202(i) of the Legislative Reorganization rates its 150th anniversary this year on Health, Education, Labor, and Pen- Act of 1946), and (2) not to exceed $50,000 may with a year-long celebration that be- sions; which was referred to the Com- be expended for the training of the profes- gins with Founders Day on February mittee on Rules and Administration:

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S. RES. 54 States Senate, or (6) for the payment of Sen- (under procedures specified by section 202(j) Resolved, That, in carrying out its powers, ate Recording and Photographic Services, or of the Legislative Reorganization Act of duties, and functions under the Standing (7) for payment of franked and mass mail 1946). Rules of the Senate, in accordance with its costs by the Sergeant at Arms and Door- SEC. 3. The committee shall report its find- jurisdiction under rule XXV of such rules, in- keeper, United States Senate. ings, together with such recommendation for cluding holding hearings, reporting such SEC. 5. There are authorized such sums as legislation as it deems advisable, to the Sen- hearings, and making investigations as au- may be necessary for agency contributions ate at the earliest practicable date, but not thorized by paragraphs 1 and 8 of rule XXVI related to the compensation of employees of later than February 28, 2007, and February 28, 2008, respectively. of the Standing Rules of the Senate, the the committee from March 1, 2007, through SEC. 4. Expenses of the committee under Committee on Health, Education, Labor, and September 30, 2007, October 1, 2007 through this resolution shall be paid from the contin- Pensions is authorized from March 1, 2007, September 30, 2008; and October 1, 2008 through February 28, 2009, to be paid from gent fund of the Senate upon vouchers ap- through September 30, 2007; October 1, 2007, proved by the chairman of the committee, through September 30, 2008; and October 1, the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ except that vouchers shall not be required 2008, through February 28, 2009, in its discre- for (1) the disbursement of salaries of em- tion (1) to make expenditures from the con- f ployees paid at an annual rate, or (2) for the tingent fund of the Senate, (2) to employ per- SENATE RESOLUTION 55—AUTHOR- payment of telecommunications provided by sonnel, and (3) with the prior consent of the the Office of the Sergeant at Arms and Door- Government department or agency con- IZING EXPENDITURES BY THE COMMITTEE ON VETERANS’ AF- keeper, United States Senate, or (3) for the cerned and the Committee on Rules and Ad- payment stationery supplies purchased ministration, to use on a reimbursable or FAIRS through the Keeper of Stationery, United non-reimbursible basis the services of per- Mr. AKAKA submitted the following States Senate, or (4) for payments to the sonnel of any such department or agency. resolution; from the Committee on Postmaster, United States Senate, or (5) for SEC. 2(a). The expenses of the committee the payment of metered charges on copying for the period March 1, 2007, through Sep- Veterans’ Affairs; which was referred to the Committee on Rules and Admin- equipment provided by the Office of the Ser- tember 30, 2007, under this resolution shall geant at Arms and Doorkeeper, United not exceed $4,794,663, of which amount (1) not istration: States Senate, or (6) for the payment of Sen- to exceed $75,000 may be expended for the S. RES. 55 ate Recording and Photographic Services, or procurement of the services of individual Resolved, That, in carrying out its powers, (7) for payment of franked and mass mail consultants, or organizations thereof (as au- duties, and functions under the Standing costs by the Sergeant at Arms and Door- thorized by section 202(i) of the Legislative Rules of the Senate, in accordance with its keeper, United States Senate. Reorganization Act of 1946, as amended), and jurisdiction under rule XXV of such rules, in- SEC. 5. There are authorized such sums as (2) not to exceed $25,000 may be expended for cluding holding hearings, reporting such may be necessary for agency contributions the training of the professional staff of such hearings, and making investigations as au- related to the compensation of employees of committee (under procedures specified by thorized by paragraphs 1 and 8 of rule XXVI the committee from March 1, 2007, through section 202(j) of the Legislative Reorganiza- of the Standing Rules of the Senate, the September 30, 2007; October 1, 2007, through tion Act of 1946). Committee on Veterans’ Affairs is author- September 30, 2008; and October 1, 2008, (b) For the period October 1, 2007, through ized from March 1, 2007, through September through February 28, 2009, to be paid from September 30, 2008, expenses of the com- 30, 2007; October 1, 2007, through September the appropriations account for ‘‘Expenses of mittee under this resolution shall not exceed 30, 2008; and October 1, 2008, through Feb- Inquiries and Investigations.’’ $8,402,456, of which amount (1) not to exceed ruary 28, 2009, in its discretion (1) to make f $75,000 may be expended for the procurement expenditures from the contingent fund of the of the services of individual consultants, or Senate, (2) to employ personnel, and (3) with SENATE RESOLUTION 56—AUTHOR- organizations thereof (as authorized by sec- the prior consent of the Government depart- IZING EXPENDITURES BY THE tion 202(i) of the Legislative Reorganization ment or agency concerned and the Com- COMMITTEE ON BANKING, HOUS- Act of 1946, as amended), and (2) not to ex- mittee on Rules and Administration, to use ING, AND URBAN AFFAIRS ceed $25,000 may be expended for the training on a reimbursable or non-reimbursable basis Mr. DODD submitted the following of the professional staff of such committee the services of personnel of any such depart- (under procedures specified by section 202(j) ment or agency. resolution; from the Committee on of the Legislative Reorganization Act of SEC. 2. (a) The expenses of the committee Banking, Housing, and Urban Affairs; 1946). for the period March 1, 2007, through Sep- which was referred to the Committee (c) For the period October 1, 2008, through tember 30, 2007, under this resolution shall on Rules and Administration: February 28, 2009, expenses of the committee not exceed $1,259,442 of which amount (1) not S. RES. 56 under this resolution shall not exceed to exceed $59,000 may be expended for the Resolved, That, in carrying out its powers, $3,568,366, of which amount (1) not to exceed procurement of the services of individual duties, and functions under the Standing $75,000 may be expended for the procurement consultants, or organizations thereof (as au- Rules of the Senate, in accordance with its of the services of individual consultants, or thorized by section 202(i) of the Legislative jurisdiction under rule XXV of such rules, in- organizations thereof (as authorized by sec- Reorganization Act of 1946, as amended), and cluding holding hearings, reporting such tion 202(i) of the Legislative Reorganization (2) not to exceed $12,000 may be expended for hearings, and making investigations as au- Act of 1946, as amended), and (2) not to ex- the training of the professional staff of such thorized by paragraphs 1 and 8 of rule XXVI ceed $25,000 may be expended for the training committee (under procedures specified by of the Standing Rules of the Senate, the of the professional staff of such committee section 202(j) of the Legislative Reorganiza- Committee on Banking, Housing, and Urban (under procedures specified by section 202(j) tion Act of 1946). Affairs is authorized from March 1, 2007 of the Legislative Reorganization Act of (b) For the period October 1, 2007, through through September 30, 2007; October 1, 2007, 1946). September 30, 2008, expenses of the com- through September 30,2008, and October 1, SEC. 3. The committee shall report its find- mittee under this resolution shall not exceed 2008, through February 28, 2009, in its discre- ings, together with such recommendations $2,207,230 of which amount (1) not to exceed tion (1) to make expenditures from the con- for legislation as it deems advisable, to the $100,000 may be expended for the procure- tingent fund of the Senate, (2) to employ per- Senate at the earliest practicable date, but ment of the services of individual consult- sonnel, and (3) with the prior consent of the not later than February 29, 2008 and Feb- ants, or organizations thereof (as authorized Government department or agency con- ruary 28, 2009, respectively. by section 202(I)of the Legislative Reorga- cerned and the Committee on Rules and Ad- SEC. 4. Expenses of the committee under nization Act of 1946, as amended), and (2) not ministration, to use on a reimbursable or this resolution shall be paid from the contin- to exceed $20,000 may be expended for the nonreimbursable basis the services of per- gent fund of the Senate upon vouchers ap- training of the professional staff of such sonnel of any such department or agency. proved by the chairman of the committee, committee (under procedures specified by SEC. 2. (a) The expenses of the committee except that vouchers shall not be required (1) section 202(j) of the Legislative Reorganiza- for the Period March 1, 2007, through Sep- for the disbursement of salaries of employees tion Act of 1946). tember 30, 2007, under this resolution shall paid at an annual rate, or (2) for the pay- (c) For the period October 1, 2007, through not exceed $3,370,280 of which amount (1) not ment of telecommunications provided by the February 28, 2008, expenses of the committee to exceed $12,000 may be expended for the Office of the Sergeant at Arms and Door- under this resolution shall not exceed procurement of the services of individual keeper, United States Senate, or (3) for the $937,409, of which amount (1) not to exceed consultants, or organizations thereof (as au- payment of stationery supplies purchased $42,000 may be expended for the procurement thorized by section 202(i) of the Legislative through the Keeper of the Stationery, United of the services of individual consultants, or Reorganization Act of 1946, as amended), and States Senate, or (4) for payments to the organizations thereof (as authorized by sec- (2) not to exceed $700 may be expended for Postmaster, United States Senate, or (5) for tion 202(i)of the Legislative Reorganization the training of the professional staff of such the payment of metered charges on copying Act of 1946, as amended), and (2) not to ex- committee (under procedures specified by equipment provided by the Office of the Ser- ceed $8,334 may be expended for the training section 202(j) of the Legislative Reorganiza- geant at Arms and Doorkeeper, United of the professional staff of such committee tion Act of 1946).

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1460 CONGRESSIONAL RECORD — SENATE January 31, 2007 (b) For the period October 1, 2007, through through September 30, 2007; October 1, 2007 to SENATE RESOLUTION 58—AUTHOR- September 30, 2008, expenses of the com- September 30, 2008; and October 1, 2008 IZING EXPENDITURES BY THE mittee under this resolution shall not exceed through February 28, 2009, in its discretion COMMITTEE ON COMMERCE, (1) to make expenditures from the contin- $5,905,629 of which amount (1) not to exceed SCIENCE, AND TRANSPORTATION $20,000 may be expended for the procurement gent fund of the Senate, (2) to employ per- of the services of individual consultants, or sonnel, and (3) with the prior consent of the Mr. INOUYE submitted the following organizations thereof (as authorized by sec- Government department or agency con- resolution; from the Committee on tion 202(i) of the Legislative Reorganization cerned and the Committee on Rules and Ad- Commerce, Science, and Transpor- Act of 1946, as amended), and (2) not to ex- ministration, to use on a reimbursable or tation; which was referred to the Com- non-reimbursable basis the services of per- ceed $1200 may be expended for the training mittee on Rules and Administration: of the professional staff of such committee sonnel of any such department or agency. S. RES. 58 (under procedures specified by section 202(j) SEC. 2. (a) The expenses of the committee of the Legislative Reorganization Act of for the period March 1, 2007, through Sep- Resolved, That, in carrying out its powers, 1946). tember 30, 2007, under this resolution shall duties, and functions under the Standing (c) For the period of October 1, 2008, not exceed $2,204,538, of which amount (1) not Rules of the Senate, in accordance with its through February 28, 2009, expenses of the to exceed $200,000 may be expended for the jurisdiction under rule XXV of such rules, in- committee under this resolution shall not procurement of the services of individual cluding holding hearings, reporting such exceed $2,507,776 of which amount (1) not to consultants, or organizations thereof (as au- hearings, and making investigations as au- exceed $8,000 may be expended for the pro- thorized by section 202(i) of the Legislative thorized by paragraphs 1 and 8 of rule XXVI curement of the services of individual con- Reorganization Act of 1946, as amended), and of the Standing Rules of the Senate, the sultants, or organizations thereof (as author- (2) not to exceed $40,000 may be expended for Committee on Commerce, Science, and ized by section 202(i) of the Legislative Reor- the training of the professional staff of such Transportation is authorized from March 1, ganization Act of 1946, as amended), and (2) committee (under procedures specified by 2007, through September 30, 2007, October 1, not to exceed $500 may be expended for the section 202(j) of the Legislative Reorganiza- 2007, through September 30, 2008, and October tion Act of 1946). training of the professional staff of such 1, 2008, through February 28, 2009, in its dis- (b) For the period October 1, 2007, through committee (under procedures specified by cretion (1) to make expenditures from the September 30, 2008, expenses of the com- section 202(j) of the Legislative Reorganiza- contingent fund of the Senate, (2) to employ mittee under this resolution shall not exceed personnel, and (3) with the prior consent of tion Act of 1946). $3,862,713, of which amount (1) not to exceed SEC. 3. The committee shall report its find- the Government department or agency con- $200,000 may be expended for the procure- ings, together with such recommendations cerned and the Committee on Rules and Ad- ment of the services of individual consult- for legislation as it deems advisable, to the ministration, to use on a reimbursable or ants, or organizations thereof (as authorized Senate at the earliest practicable date, but non-reimbursable basis the services of per- by section 202(i) of the Legislative Reorga- not later than February 28, 2009. sonnel of any such department or agency. nization Act of 1946, as amended), and (2) not SEC. 4. Expenses of the committee under SEC. 2. (a) The expenses of the Committee to exceed $40,000 may be expended for the this resolution shall be paid from the contin- for the period from March 1, 2007, through training of the professional staff of such gent fund of the Senate upon vouchers ap- September 30, 2007, under this resolution committee (under procedures specified by proved by the Chairman of the committee, shall not exceed $3,652,466, of which amount section 202(j) of the Legislative Reorganiza- except that vouchers shall not be required (1) (1) not to exceed $50,000 may be expended for tion Act of 1946). the procurement of the services of individual for the disbursement of salaries of employees (c) For the period October 1, 2008, through consultants, or organizations thereof (as au- paid at an annual rate, or (2) for the pay- February 28, 2009, expenses of the committee thorized by section 202(i) of the Legislative ment of telecommunications provided by the under this resolution shall not exceed Reorganization Act of 1946, as amended), and Office of the Sergeant at Arms and Door- $1,640,188, of which amount (1) not to exceed (2) not to exceed $50,000 may be expended for keeper, United States Senate, or (3) for the $200,000 may be expended for the procure- the training of the professional staff of the payment of stationery supplies purchased ment of the services of individual consult- Committee (under procedures specified by through the Keeper of the Stationery, United ants, or organizations thereof (as authorized section 202(j) of the Legislative Reorganiza- States Senate, or (4) for payments to the by section 202(i) of the Legislative Reorga- Postmaster, United States Senate, or (5) for nization Act of 1946, as amended), and (2) not tion Act of 1946). (b) For the period October 1, 2007, through the payment of metered charges on copying to exceed $40,000 may be expended for the September 30, 2008, expenses of the Com- equipment provided by the Office of the Ser- training of the professional staff of such mittee under this resolution shall not exceed geant at Arms and Doorkeeper, United committee (under procedures specified by $6,400,559, of which amount (1) not to exceed States Senate, or (6) for the payment of Sen- section 202(j) of the Legislative Reorganiza- $50,000 may be expended for the procurement ate Recording and Photographic Services, or tion Act of 1946). (7) for payment of franked and mass mail SEC. 3. The committee shall report its find- of the services of individual consultants, or costs by the Sergeant at Arms and Door- ings, together with such recommendations organizations thereof (as authorized by sec- keeper, United States Senate. for legislation as it deems advisable, to the tion 202(i) of the Legislative Reorganization SEC. 5. There are authorized such sums as Senate at the earliest practicable date, but Act of 1946, as amended), and (2) not to ex- may be necessary for agency contributions not later than February 28, 2009. ceed $50,000 may be expended for the training related to the compensation of employees of SEC. 4. Expenses of the committee under of the professional staff of the Committee the committee from March 1, 2007, through this resolution shall be paid from the contin- (under procedures specified by section 202(j) September 30, 2007; October 1, 2007, through gent fund of the Senate upon vouchers ap- of the Legislative Reorganization Act of September 30, 2008; and October 1, 2008, proved by the chairman of the committee, 1946). through February 28, 2009, to be paid from except that vouchers shall not be required (1) (c) For the period October 1, 2008, through the Appropriations account for ‘‘Expenses of for the disbursement of salaries of employees February 28, 2009, expenses of the committee Inquiries and Investigations.’’ paid at an annual rate, or (2) for the pay- under this resolution shall not exceed $2,718,113, of which amount (1) not to exceed f ment of telecommunications provided by the Office of the Sergeant at Arms and Door- $50,000 may be expended for the procurement SENATE RESOLUTION 57—AUTHOR- keeper, United States Senate, or (3) for the of the services of individual consultants, or IZING EXPENDITURES BY THE payment of stationery supplies purchased organizations thereof (as authorized by sec- COMMITTEE ON AGRICULTURE, through the Keeper of the Stationery, United tion 202(i) of the Legislative Reorganization NUTRITION, AND FORESTRY States Senate, or (4) for payments to the Act of 1946, as amended), and (2) not to ex- Postmaster, United States Senate, or (5) for ceed $50,000 may be expended for the training Mr. HARKIN submitted the following the payment of metered charges on copying of the professional staff of such committee resolution; from the Committee on Ag- equipment provided by the Office of the Ser- (under procedures specified by section 202(j) riculture, Nutrition, and Forestry; geant at Arms and Doorkeeper, United of the Legislative Reorganization Act of which was referred to the Committee States Senate, or (6) for the payment of Sen- 1946). on Rules and Administration: ate Recording and Photographic Services or SEC. 3. The Committee shall report its (7) for payment of franked and mass mail findings, together with such recommenda- S. RES. 57 costs by the Sergeant at Arms and Door- tions for legislation as it deems advisable, to Resolved, That, in carrying out its powers, keeper, United States Senate. the Senate at the earliest practicable date, duties, and functions under the Standing SEC. 5. There are authorized such sums as but not later than February 29, 2008, and Rules of the Senate, in accordance with its may be necessary for agency contributions February 28, 2009, respectively. jurisdiction under rule XXV of such rules, in- related to the compensation of employees of SEC. 4. Expenses of the Committee under cluding holding hearings, reporting such the committee from March 1, 2007, through this resolution shall be paid from the contin- hearings, and making investigations as au- September 30, 2007; October 1, 2007, through gent fund of the Senate upon vouchers ap- thorized by paragraphs 1 and 8 of rule XXVI September 30, 2008; and October 1, 2008 proved by the chairman of the Committee, of the Standing Rules of the Senate, the through February 28, 2009 to be paid from the except that vouchers shall not be required (1) Committee on Agriculture, Nutrition and Appropriations account for ‘‘Expenses of In- for the disbursement of salaries of employees Forestry is authorized from March 1, 2007, quiries and Investigations.’’ paid at an annual rate, (2) for the payment of

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1461 telecommunications provided by the Office $3,120,762, of which amount (1) not to exceed able, basis the services of personnel of any of the Sergeant at Arms and Doorkeeper, $12,500 may be expended for the procurement such department or agency. United States Senate, (3) for the payment of of the services of individual consultants, or (b) EXPENSES FOR PERIOD ENDING SEP- stationery supplies purchased through the organizations thereof (as authorized by sec- TEMBER 30, 2007.—The expenses of the com- Keeper of the Stationery, United States Sen- tion 202(i) of the Legislative Reorganization mittee for the period March 1, 2007, through ate, (4) for payments to the Postmaster, Act of 1946, as amended), and (2) not to ex- September 30, 2007, under this section shall United States Senate, (5) for the payment of ceed $4,167 may be expended for the training not exceed $5,393,404, of which amount— metered charges on copying equipment proof the professional staff of such committee (1) not to exceed $75,000, may be expended vided by the Office of the Sergeant at Arms (under procedures specified by section 202(j) for the procurement of the services of indi- and Doorkeeper, United States Senate, (6) of the Legislative Reorganization Act of vidual consultants, or organizations thereof for the payment of Senate Recording and 1946.) (as authorized by section 202(i) of the Legis- Photographic Services, or (7) for the pay- SEC. 3. The committee shall report its find- lative Reorganization Act of 1946 (2 U.S.C. ment of franked and mass mail costs by the ings, together with such recommendations 72a(i))); and Office of the Sergeant at Arms and Door- for legislation as it deems advisable, to the (2) not to exceed $20,000, may be expended keeper, United States Senate. Senate at the earliest practicable date, but for the training of the professional staff of SEC. 5. There are authorized such sums as not later than February 28, 2009. the committee (under procedures specified may be necessary for agency contributions SEC. 4. Expenses of the committee under by section 202(j) of that Act). related to the compensation of employees of this resolution shall be paid from the contin- (c) EXPENSES FOR FISCAL YEAR 2008 PE- the Committee from March 1, 2007, through gent fund of the Senate upon vouchers ap- RIOD.—The expenses of the committee for the September 30, 2007, October 1, 2007, through proved by the chairman of the committee, period October 1, 2007, through September 30, September 30, 2008, and October 1, 2008, except that vouchers shall not be required (1) 2008, under this section shall not exceed through February 28, 2009, to be paid from for the disbursement of salaries of employees $9,451,962, of which amount— the Appropriations account for ‘‘Expenses of paid at an annual rate, or (2) for the pay- (1) not to exceed $75,000, may be expended Inquiries and Investigations’’. ment of telecommunications provided by the for the procurement of the services of individual consultants, or organizations thereof f Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the (as authorized by section 202(i) of the Legis- SENATE RESOLUTION 59—AUTHOR- payment of stationery supplies purchased lative Reorganization Act of 1946 (2 U.S.C. IZING EXPENDITURES BY THE through the Keeper of the Stationery, United 72a(i))); and COMMITTEE ON FINANCE States Senate, or (4) for payments to the (2) not to exceed $20,000, may be expended for the training of the professional staff of Mr. BAUCUS submitted the following Postmaster, United States Senate, or (5) for the payment of metered charges on copying the committee (under procedures specified resolution; from the Committee on Fi- equipment provided by the Office of the Ser- by section 202(j) of that Act). nance; which was referred to the Com- geant at Arms and Doorkeeper, United (d) EXPENSES FOR PERIOD ENDING FEBRUARY 28, 2009.—For the period October 1, 2008, mittee on Rules and Administration: States Senate, or (6) for the payment of Sen- through February 28, 2009, expenses of the ate Recording and Photographic Services, or S. RES. 59 committee under this section shall not ex- (7) for payment of franked and mass mail Resolved, That, in carrying out its powers, ceed $4,014,158, of which amount— costs by the Sergeant at Arms and Door- duties, and functions under the Standing (1) not to exceed $75,000, may be expended keeper, United States Senate. Rules of the Senate, in accordance with its for the procurement of the services of indi- SEC. 5. There are authorized such sums as jurisdiction under rule XXV of such rules, in- vidual consultants, or organizations thereof may be necessary for agency contributions cluding holding hearings, reporting such (as authorized by section 202(i) of the Legis- related to the compensation of employees of hearings, and making investigations as au- lative Reorganization Act of 1946); and the committee from March 1, 2007, through thorized by paragraphs 1 and 8 of rule XXVI (2) not to exceed $20,000, may be expended September 30, 2007; October 1, 2007 through of the Standing Rules of the Senate, the for the training of the professional staff of September 30, 2008; and October 1, 2008 Committee on Finance is authorized from the committee (under procedures specified through February 28, 2009, to be paid from March 1, 2007, through September 30, 2007; by section 202(j) of that Act). October 1, 2007, through September 30, 2008; the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ SEC. 2. REPORTING LEGISLATION. and October 1, 2008, through February 28, The committee shall report its findings, 2009, in its discretion (1) to make expendi- f together with such recommendations for leg- tures from the contingent fund of the Sen- SENATE RESOLUTION 60—AUTHOR- islation as it deems advisable, to the Senate ate, (2) to employ personnel, and (3) with the at the earliest practicable date, but not later prior consent of the Government department IZING EXPENDITURES BY THE than February 28, 2009. or agency concerned and the Committee on COMMITTEE ON HOMELAND SE- SEC. 3. EXPENSES; AGENCY CONTRIBUTIONS; Rules and Administration, to use on a reim- CURITY AND GOVERNMENTAL AND INVESTIGATIONS. bursable or non-reimbursable basis the serv- AFFAIRS (a) EXPENSES OF THE COMMITTEE.— ices of personnel of any such department or (1) IN GENERAL.—Except as provided in agency. Mr. LIEBERMAN submitted the fol- paragraph (2), any expenses of the committee SEC. 2. (a) The expenses of the committee lowing resolution; from the Committee under this resolution shall be paid from the for the period March 1, 2007, through Sep- on Homeland Security and Govern- contingent fund of the Senate upon vouchers tember 30, 2007, under this resolution shall mental Affairs; which was referred to approved by the chairman of the committee. not exceed $4,203,707, of which amount (1) not the Committee on Rules and Adminis- (2) VOUCHERS NOT REQUIRED.—Vouchers to exceed $17,500 may be expended for the tration: shall not be required for— procurement of the services of individual (A) the disbursement of salaries of employ- S. RES. 60 consultants, or organizations thereof (as au- ees of the committee who are paid at an an- thorized by section 202(i) of the Legislative Resolved, nual rate; Reorganization Act of 1946, as amended), and SECTION 1. COMMITTEE ON HOMELAND SECU- (B) the payment of telecommunications ex- (2) not to exceed $5,833 may be expended for RITY AND GOVERNMENTAL AFFAIRS. penses provided by the Office of the Sergeant the training of the professional staff of such (a) GENERAL AUTHORITY.—In carrying out at Arms and Doorkeeper; committee (under procedures specified by its powers, duties, and functions under the (C) the payment of stationery supplies pur- section 202(j) of the Legislative Reorganiza- Standing Rules of the Senate, in accordance chased through the Keeper of Stationery; tion Act of 1946). with its jurisdiction under rule XXV of such (D) payments to the Postmaster of the (b) For the period October 1, 2007, through rules and S. Res. 445 (108th Congress), includ- Senate; September 30, 2008, expenses of the coming holding hearings, reporting such hear- (E) the payment of metered charges on mittee under this resolution shall not exceed ings, and making investigations as author- copying equipment provided by the Office of $7,356,895, of which amount (1) not to exceed ized by paragraphs 1 and 8 of rule XXVI of the Sergeant at Arms and Doorkeeper; $30,000 may be expended for the procurement the Standing Rules of the Senate, the Com- (F) the payment of Senate Recording and of the services of individual consultants, or mittee on Homeland Security and Govern- Photographic Services; or organizations thereof (as authorized by sec- mental Affairs (referred to in this resolution (G) for payment of franked and mass mail tion 202(i) of the Legislative Reorganization as the ‘‘committee’’) is authorized from costs by the Sergeant at Arms and Door- Act of 1946, as amended), and (2) not to ex- March 1, 2007, through February 28, 2009, in keeper, United States Senate. ceed $10,000 may be expended for the training its discretion— (b) AGENCY CONTRIBUTIONS.—There are au- of the professional staff of such committee (1) to make expenditures from the contin- thorized such sums as may be necessary for (under procedures specified by section 202(j) gent fund of the Senate; agency contributions related to the com- of the Legislative Reorganization Act of (2) to employ personnel; and pensation of employees of the committee for 1946). (3) with the prior consent of the Govern- the period March 1, 2007, through September (c) For the period October 1, 2008, through ment department or agency concerned and 30, 2007, for the period October 1, 2007, February 28, 2009, expenses of the committee the Committee on Rules and Administration, through September 30, 2008, and for the pe- under this resolution shall not exceed to use on a reimbursable, or nonreimburs- riod October 1, 2008, through February 28,

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1462 CONGRESSIONAL RECORD — SENATE January 31, 2007 2009, to be paid from the appropriations ac- Government involved in the control and SENATE RESOLUTION 61—DESIG- count for ‘Expenses of Inquiries and Inves- management of energy shortages including, NATING JANUARY 2007 AS ‘‘NA- tigations’ of the Senate. but not limited to, their performance with TIONAL MENTORING MONTH’’ (c) INVESTIGATIONS.— respect to— (1) IN GENERAL.—The committee, or any (i) the collection and dissemination of ac- Mr. KENNEDY (for himself, Mr. duly authorized subcommittee of the com- curate statistics on fuel demand and supply; mittee, is authorized to study or inves- MCCAIN, Mr. AKAKA, Mr. BOND, Mr. (ii) the implementation of effective energy tigate— BURR, Ms. CANTWELL, Mr. CARPER, Mrs. conservation measures; (A) the efficiency and economy of oper- CLINTON, Mr. COCHRAN, Mr. COLEMAN, (iii) the pricing of energy in all forms; ations of all branches of the Government in- Mr. CONRAD, Mr. DODD, Mrs. DOLE, Mr. (iv) coordination of energy programs with cluding the possible existence of fraud, mis- DOMENICI, Mr. DURBIN, Mr. ENSIGN, Mr. feasance, malfeasance, collusion, mis- State and local government; GRASSLEY, Mr. ISAKSON, Mr. KERRY, management, incompetence, corruption, or (v) control of exports of scarce fuels; unethical practices, waste, extravagance, (vi) the management of tax, import, pric- Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- Ms. MURKOWSKI, Mr. PRYOR, Mr. SAND- penditure of Government funds in trans- plies; ERS, Mr. REID, and Mr. SPECTER) sub- actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- mitted the following resolution; which ernment or of Government officials and em- tor of the petroleum industry as a strong was considered and agreed to: ployees and any and all such improper prac- competitive force; tices between Government personnel and (viii) the allocation of fuels in short supply S. RES. 61 corporations, individuals, companies, or per- by public and private entities; Whereas mentoring is a long-standing tra- sons affiliated therewith, doing business (ix) the management of energy supplies dition with modern applications in which an with the Government; and the compliance or owned or controlled by the Government; adult provides guidance, support, and en- noncompliance of such corporations, compa- (x) relations with other oil producing and couragement to help with a young person’s nies, or individuals or other entities with the consuming countries; social, emotional, and cognitive develop- rules, regulations, and laws governing the ment; various governmental agencies and its rela- (xi) the monitoring of compliance by governments, corporations, or individuals with Whereas research provides strong evidence tionships with the public; that mentoring can promote positive out- the laws and regulations governing the allo- (B) the extent to which criminal or other comes for young people, such as an increased cation, conservation, or pricing of energy improper practices or activities are, or have sense of industry and competency, a boost in supplies; and been, engaged in the field of labor-manage- academic performance and self-esteem, and ment relations or in groups or organizations (xii) research into the discovery and devel- improved social and communications skills; of employees or employers, to the detriment opment of alternative energy supplies; and Whereas studies of mentoring further show of interests of the public, employers, or em- (G) the efficiency and economy of all that a quality mentoring relationship suc- ployees, and to determine whether any branches and functions of Government with cessfully reduces the incidence of risky be- changes are required in the laws of the particular references to the operations and haviors, delinquency, absenteeism, and aca- United States in order to protect such inter- management of Federal regulatory policies demic failure; ests against the occurrence of such practices and programs. Whereas mentoring is a frequently used or activities; (2) EXTENT OF INQUIRIES.—In carrying out term and a well-accepted practice in many (C) organized criminal activity which may the duties provided in paragraph (1), the in- sectors of our society; operate in or otherwise utilize the facilities quiries of this committee or any sub- Whereas thanks to the remarkable cre- of interstate or international commerce in ativity, vigor, and resourcefulness of the furtherance of any transactions and the committee of the committee shall not be thousands of mentoring programs and mil- manner and extent to which, and the iden- construed to be limited to the records, func- lions of volunteer mentors in communities tity of the persons, firms, or corporations, or tions, and operations of any particular throughout the Nation, quality mentoring other entities by whom such utilization is branch of the Government and may extend has grown dramatically in the past 15 years, being made, and further, to study and inves- to the records and activities of any persons, and there are now 3,000,000 young people in tigate the manner in which and the extent to corporation, or other entity. the United States who are being mentored; which persons engaged in organized criminal (3) SPECIAL COMMITTEE AUTHORITY.—For Whereas in spite of the strides made in the activity have infiltrated lawful business en- the purposes of this subsection, the com- mentoring field, the Nation has a serious terprise, and to study the adequacy of Fed- mittee, or any duly authorized sub- ‘‘mentoring gap,’’ with nearly 15,000,000 eral laws to prevent the operations of orga- committee of the committee, or its chair- young people currently in need of mentors; nized crime in interstate or international man, or any other member of the committee commerce; and to determine whether any Whereas a recent study confirmed that one or subcommittee designated by the chair- of the most critical challenges that men- changes are required in the laws of the man, from March 1, 2007, through February United States in order to protect the public toring programs face is recruiting enough 28, 2009, is authorized, in its, his, her, or their mentors to help close the mentoring gap; against such practices or activities; discretion— (D) all other aspects of crime and lawless- Whereas the designation of January 2007 as (A) to require by subpoena or otherwise the ness within the United States which have an National Mentoring Month will help call at- attendance of witnesses and production of impact upon or affect the national health, tention to the critical role mentors play in correspondence, books, papers, and docu- welfare, and safety; including but not lim- helping young people realize their potential; ited to investment fraud schemes, comments; Whereas the month-long celebration of modity and security fraud, computer fraud, (B) to hold hearings; mentoring will encourage more organiza- and the use of offshore banking and cor- (C) to sit and act at any time or place dur- tions across the Nation, including schools, porate facilities to carry out criminal objec- ing the sessions, recess, and adjournment pe- businesses, nonprofit organizations and faith tives; riods of the Senate; institutions, foundations, and individuals to (E) the efficiency and economy of oper- (D) to administer oaths; and become engaged in mentoring; ations of all branches and functions of the (E) to take testimony, either orally or by Whereas National Mentoring Month will, Government with particular reference to— sworn statement, or, in the case of staff most importantly, build awareness of men- (i) the effectiveness of present national se- members of the Committee and the Perma- toring and encourage more individuals to become mentors, helping close the Nation’s curity methods, staffing, and processes as nent Subcommittee on Investigations, by mentoring gap; and tested against the requirements imposed by deposition in accordance with the Com- Whereas the President has issued a procla- the rapidly mounting complexity of national mittee Rules of Procedure. mation declaring January 2007 to be Na- security problems; (4) AUTHORITY OF OTHER COMMITTEES.— (ii) the capacity of present national secu- tional Mentoring Month and calling on the Nothing contained in this subsection shall people of the United States to recognize the rity staffing, methods, and processes to affect or impair the exercise of any other make full use of the Nation’s resources of importance of mentoring, to look for oppor- standing committee of the Senate of any tunities to serve as mentors in their commu- knowledge and talents; power, or the discharge by such committee (iii) the adequacy of present intergovern- nities, and to observe the month with appro- of any duty, conferred or imposed upon it by mental relations between the United States priate activities and programs: Now, there- the Standing Rules of the Senate or by the and international organizations principally fore, be it Legislative Reorganization Act of 1946. concerned with national security of which Resolved, That the Senate— the United States is a member; and (5) SUBPOENA AUTHORITY.—All subpoenas (1) designates the month of January 2007 as (iv) legislative and other proposals to im- and related legal processes of the committee ‘‘National Mentoring Month’’; prove these methods, processes, and relation- and its subcommittee authorized under S. (2) recognizes with gratitude the contribu- ships; Res. 50, agreed to February 17, 2005 (109th tions of the millions of caring adults who are (F) the efficiency, economy, and effective- Congress), are authorized to continue. already serving as mentors and encourages ness of all agencies and departments of the more adults to volunteer as mentors; and

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1463 (3) encourages the people of the United on Rules and Administration; which geant at Arms and Doorkeeper, United States to observe the month with appro- was placed on the calendar: States Senate, or (6) for the payment of Sen- priate ceremonies and activities that pro- ate Recording and Photographic Services, or S. RES. 63 mote awareness of, and volunteer involve- (7) for payment of franked and mass mail ment with, youth mentoring. Resolved, That in carrying out its powers, costs by the Sergeant at Arms and Door- duties, and functions under the Standing keeper, United States Senate. f Rules of the Senate, in accordance with its SEC. 5. There are authorized such sums as SENATE RESOLUTION 62—RECOG- jurisdiction under rule XXV of such rules, in- may be necessary for agency contributions cluding holding hearings, reporting such NIZING THE GOALS OF CATHOLIC related to the compensation of employees of hearings, and making investigations as au- the committee from March 1, 2007, through SCHOOLS WEEK AND HONORING thorized by paragraphs 1 and 8 of rule XXVI THE VALUABLE CONTRIBUTIONS September 30, 2007; October 1, 2007, through of the Standing Rules of the Senate, the September 30, 2008; and October 1, 2008, OF CATHOLIC SCHOOLS IN THE Committee on Rules and Administration is through February 28, 2009, to be paid from UNITED STATES authorized from March 1, 2007, through Sep- the Appropriations account for ‘‘Expenses of tember 30, 2007; October 1, 2007, through Sep- Inquiries and Investigations’’. Mr. VITTER (for himself and Ms. tember 30, 2008; and, October 1, 2008, through LANDRIEU) submitted the following res- February 28, 2009, in its discretion (1) to f olution; which was considered and make expenditures from the contingent fund SENATE CONCURRENT RESOLU- agreed to: of the Senate, (2) to employ personnel, and TION 5—HONORING THE LIFE OF S. RES. 62 (3) with the prior consent of the Government department or agency concerned and the PERCY LAVON JULIAN, A PIO- Whereas Catholic schools in the United Committee on Rules and Administration, to NEER IN THE FIELD OF ORGANIC States have received international acclaim use on a reimbursable or non reimbursable CHEMISTRY AND THE FIRST AND for academic excellence while providing stu- basis the services of personnel of any such ONLY AFRICAN-AMERICAN CHEM- dents with lessons that extend far beyond department or agency. the classroom; IST TO BE INDUCTED INTO THE SEC. 2. (a) The expenses of the committee Whereas Catholic schools present a broad NATIONAL ACADEMY OF for the period March 1, 2007, through Sep- SCIENCES curriculum that emphasizes the lifelong de- tember 30, 2007, under this resolution shall velopment of moral, intellectual, physical, not exceed $1,461,012, of which amount (1) not Mr. OBAMA (for himself, Mr. DURBIN, and social values in the young people of the to exceed $30,000 may be expended for the Mr. DODD, Mr. LUGAR, Mr. LIEBERMAN, United States; procurement of the services of individual and Mr. BAYH) submitted the following Whereas Catholic schools in the United consultants, or organizations thereof (as au- States today educate 2,363,220 students and concurrent resolution; which was re- thorized by section 202(i) of the Legislative ferred to the Committee on the Judici- maintain a student-to-teacher ratio of 15 to Reorganization Act of 1946, as amended), and 1; (2) not to exceed $6,000 may be expended for ary: Whereas the faculty members of Catholic the training of the professional staff of such S. CON. RES. 5 schools teach a highly diverse body of stu- committee (under procedures specified by Whereas Percy Julian was born on April 11, dents; section 202(j) of the Legislative Reorganiza- 1899 in Montgomery, Alabama, the son of a Whereas the graduation rate for all Catho- tion Act of 1946). railway clerk and the first member of his lic school students is 95 percent; (b) For the period October 1, 2007, through family to attend college; Whereas 83 percent of Catholic high school September 30, 2008, expenses of the com- Whereas Percy Julian graduated from graduates go on to college; mittee under this resolution shall not exceed DePauw University in 1920 and received a Whereas Catholic schools produce students $2,561,183, of which amount (1) not to exceed M.S. degree from Harvard University in 1923 strongly dedicated to their faith, values, $50,000 may be expended for the procurement and a Ph.D. from the University of Vienna in families, and communities by providing an of the services of individual consultants, or 1931; intellectually stimulating environment rich organizations thereof (as authorized by sec- Whereas, in 1935, Dr. Julian became the in spiritual character and moral develop- tion 202(i) of the Legislative Reorganization first to discover a process to synthesize phy- ment; and Act of 1946, as amended), and (2) not to ex- sostigmine, the drug used in the treatment Whereas in the 1972 pastoral message con- ceed $10,000 may be expended for the training of glaucoma; cerning Catholic education, the National of the professional staff of such committee Whereas Dr. Julian later pioneered a com- Conference of Catholic Bishops stated, ‘‘Edu- (under procedures specified by section 202(j) mercial process to synthesize cortisone from cation is one of the most important ways by of the Legislative Reorganization Act of soy beans, enabling the widespread use of which the Church fulfills its commitment to 1946). cortisone as an affordable treatment for ar- the dignity of the person and building of (c) For the period October 1, 2008, through thritis; community. Community is central to edu- February 28, 2009, expenses of the committee Whereas Dr. Julian was the first African- cation ministry, both as a necessary condi- under this resolution shall not exceed American chemist elected to the National tion and an ardently desired goal. The edu- $1,087,981, of which amount (1) not to exceed Academy of Sciences in 1973 for his lifetime cational efforts of the Church, therefore, $21,000 may be expended for the procurement of scientific accomplishments, held over 130 must be directed to forming persons-in-com- of the services of individual consultants, or patents at the time of his death in 1975, and munity; for the education of the individual organizations thereof (as authorized by sec- dedicated much of his life to the advance- Christian is important not only to his soli- tion 202(i) of the Legislative Reorganization ment of African Americans in the sciences; tary destiny, but also the destinies of the Act of 1946, as amended), and (2) not to ex- and many communities in which he lives.’’: Now, ceed $4,200 may be expended for the training Whereas Dr. Julian’s life story has been therefore, be it of the professional staff of such committee documented in the Public Broadcasting Resolved, That the Senate— (under procedures specified by section 202(j) Service NOVA film ‘‘Forgotten Genius’’: (1) recognizes the goals of Catholic Schools of the Legislative Reorganization Act of Now, therefore, be it Week, an event cosponsored by the National 1946). Resolved by the Senate (the House of Rep- Catholic Educational Association and the SEC. 3. The committee shall report its find- resentatives concurring), That the Congress United States Conference of Catholic ings, together with such recommendations honors the life of Percy Lavon Julian, a pio- Bishops that recognizes the vital contribu- for legislation as it deems advisable, to the neer in the field of organic chemistry and tions of thousands of Catholic elementary Senate at the earliest practicable date, but the first and only African-American chemist and secondary schools in the United States; not later than February 28, 2009. to be inducted into the National Academy of and SEC. 4. Expenses of the committee under Sciences. (2) commends Catholic schools, students, this resolution shall be paid from the contin- parents, and teachers across the United gent fund of the Senate upon vouchers ap- f States for their ongoing contributions to proved by the chairman of the committee, SENATE CONCURRENT RESOLU- education, and for the vital role they play in except that vouchers shall not be required (1) TION 6—EXPRESSING THE SENSE promoting and ensuring a brighter, stronger for the disbursement of salaries of employees future for the United States. paid at an annual rate, or (2) for the pay- OF CONGRESS THAT THE NA- TIONAL MUSEUM OF WILDLIFE f ment of telecommunications provided by the Office of the Sergeant at Arms and Door- ART, LOCATED IN JACKSON, WY- SENATE RESOLUTION 63—AUTHOR- keeper, United States Senate, or (3) for the OMING, SHOULD BE DESIGNATED IZING EXPENDITURES BY THE payment of stationery supplies purchased AS THE ‘‘NATIONAL MUSEUM OF COMMITTEE ON RULES AND AD- through the Keeper of the Stationery, United WILDLIFE ART OF THE UNITED MINISTRATION States Senate, or (4) for payments to the STATES’’ Postmaster, United States Senate, or (5) for Mrs. FEINSTEIN submitted the fol- the payment of metered charges on copying Mr. ENZI (for himself and Mr. THOM- lowing resolution; from the Committee equipment provided by the Office of the Ser- AS) sumbitted the following concurrent

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1464 CONGRESSIONAL RECORD — SENATE January 31, 2007 resolution; which was referred to the following concurrent resolution; which Whereas, Iraqi Prime Minister Nouri al- Committee on Energy and Natural Re- was referred to the Committee on For- Maliki stated on November 27, 2006 that sources: eign Relations: ‘‘The crisis is political, and the ones who can stop the cycle of aggravation and blood- S. CON. RES. 6 S. CON. RES. 7 letting of innocents are the politicians;’’ Whereas the National Museum of Wildlife Whereas, we respect the Constitutional au- Whereas, there is growing evidence that Art in Jackson, Wyoming, is devoted to in- thorities given a President in Article II, Sec- Iraqi public sentiment opposes the continued spiring global recognition of fine art related tion 2, which states that ‘‘The President U.S. troop presence in Iraq, much less in- to nature and wildlife; shall be commander in chief of the Army and creasing the troop level; Whereas the National Museum of Wildlife Navy of the United States;’’ it is not the in- Whereas, in the fall of 2006, leaders in the Art is an excellent example of a thematic tent of this resolution to question or con- Administration and Congress, as well as rec- museum that strives to unify the humanities travene such authority, but to accept the ognized experts in the private sector, began and sciences into a coherent body of knowl- offer to Congress made by the President on to express concern that the situation in Iraq edge through art; January 10, 2007 that, ‘‘if members have im- was deteriorating and required a change in Whereas the National Museum of Wildlife provements that can be made, we will make strategy; and, as a consequence, the Admin- Art, which was founded in 1987 with a private them. If circumstances change, we will ad- istration began an intensive, comprehensive gift of a collection of art, has grown in stat- just;’’ review by all components of the Executive ure and importance and is recognized today Whereas, the United States’ strategy and Branch to devise a new strategy; as the world’s premier museum of wildlife operations in Iraq can only be sustained and Whereas, in December 2006, the bipartisan art; achieved with support from the American Iraq Study Group issued a valuable report, Whereas the National Museum of Wildlife people and with a level of bipartisanship; suggesting a comprehensive strategy that in- Art is the only public museum in the United Whereas, over 137,000 American military cludes ‘‘new and enhanced diplomatic and States with the mission of enriching and in- personnel are current1y serving in Iraq, like political efforts in Iraq and the region, and a spiring public appreciation and knowledge of thousands of others since March 2003, with change in the primary mission of U.S. forces fine art, while exploring the relationship be- the bravery and professionalism consistent in Iraq that will enable the United States to tween humanity and nature by collecting with the finest traditions of the United begin to move its combat forces out of Iraq fine art focused on wildlife; States armed forces, and are deserving of the responsibly;’’ Whereas the National Museum of Wildlife support of all Americans, which they have Whereas, on January 10, 2007, following Art is housed in an architecturally signifi- strongly; consultations with the Iraqi Prime Minister, cant and award-winning 51,000–square foot Whereas, many American service personnel the President announced a new strategy (hereinafter referred to as the ‘‘plan’’), which facility that overlooks the 28,000–acre Na- have lost their lives, and many more consists of three basic elements: diplomatic, tional Elk Refuge and is adjacent to the have.been wounded, in Iraq, and the Amer- economic, and military; the central compo- Grand Teton National Park; ican people will always honor their sacrifices nent of the military element is an augmenta- Whereas the National Museum of Wildlife and honor their families; tion of the present level of the U.S. military Art is accredited with the American Associa- Whereas, the U.S. Army and Marine Corps, forces through additional deployments of ap- tion of Museums, continues to grow in na- including their Reserve and National Guard proximately 21,500 US. military troops to tional recognition and importance with organizations, together with components of the other branches of the military, are under Iraq; members from every State, and has a Board Whereas, on January 10, 2007, the President enormous strain from multiple, extended de- of Trustees and a National Advisory Board said that the ‘‘Iraqi government will appoint ployments to Iraq and Afghanistan; composed of major benefactors and leaders a military commander and two deputy com- Whereas, these deployments, and those in the arts and sciences from throughout the manders for their capital’’ and that U.S. that will follow, will have lasting impacts on United States; forces will ‘‘be embedded in their forma- the future recruiting, retention and readi- Whereas the permanent collection of the tions;’’ and in subsequent testimony before ness of our nation’s all volunteer force; National Museum of Wildlife Art has grown the Armed Services Committee on January Whereas in the National Defense Author- to more than 3,000 works by important his- 25, 2007, by the retired former Vice Chief of ization Act for Fiscal Year 2006, the Congress toric American artists including Edward the Army it was learned that there will also stated that ‘‘calendar year 2006 should be a Hicks, Anna Hyatt Huntington, Charles M. be a comparable US. command in Baghdad, period of significant transition to full sov- Russell, William Merritt Chase, and Alex- and that this dual chain of command may be ereignty, with Iraqi security forces taking ander Calder, and contemporary American problematic because ‘‘the Iraqis are going to the lead for the security of a free and sov- artists, including Steve Kestrel, Bart Walter, be able to move their forces around at times ereign Iraq;’’ Nancy Howe, John Nieto, and Jamie Wyeth; where we will disagree with that move- Whereas, United Nations Security Council Whereas the National Museum of Wildlife ment,’’ and called for clarification; Art is a destination attraction in the West- Resolution 1723, approved November 28, 2006, Whereas, this proposed level of troop aug- ern United States with annual attendance of ‘‘determin[ed] that the situation in Iraq con- mentation far exceeds the expectations of 92,000 visitors from all over the world and an tinues to constitute a threat to inter- many of us as to the reinforcements that award-winning website that receives more national peace and security;’’ would be necessary to implement the various Whereas, Iraq is experiencing a deterio- than 10,000 visits per week; options for a new strategy, and led many rating and ever-widening problem of sec- Whereas the National Museum of Wildlife members of Congress to express outright op- tarian and intra-sectarian violence based Art seeks to educate a diverse audience position to augmenting our troops by 21,500; through collecting fine art focused on wild- upon political distrust and cultural dif- Whereas, the Government of Iraq has life, presenting exceptional exhibitions, pro- ferences between some Sunni and Shia Mus- promised repeatedly to assume a greater viding community, regional, national, and lims; share of security responsibilities, disband international outreach, and presenting ex- Whereas, Iraqis must reach political settle- militias, consider Constitutional amend- tensive educational programming for adults ments in order to achieve reconciliation, and ments and enact laws to reconcile sectarian and children; and the failure of the Iraqis to reach such settle- differences, and improve the quality of es- Whereas a great opportunity exists to use ments to support a truly unified government sential services for the Iraqi people; yet, de- the invaluable resources of the National Mu- greatly contributes to the increasing vio- spite those promises, little has been seum of Wildlife Art to teach the school- lence in Iraq; achieved; Whereas, the responsibility for Iraq’s inter- children of the United States, through onsite Whereas, the President said on January 10, nal security and halting sectarian violence visits, traveling exhibits, classroom cur- 2007 that ‘‘I’ve made it clear to the Prime must rest primarily with the Government of riculum, online distance learning, and other Minister and Iraq’s other leaders that Amer- Iraq and Iraqi Security Forces; educational initiatives: Now, therefore, be it ica’s commitment is not openended’’ so as to Resolved by the Senate (the House of Rep- Whereas, U.S. Central Command Com- dispel the contrary impression that exists; resentatives concurring), That it is the sense mander General John Abizaid testified to Whereas, the recommendations in this res- of Congress that the National Museum of Congress on November 15, 2006, ‘‘I met with olution should not be interpreted as precipi- Wildlife Art, located at 2820 Rungius Road, every divisional commander, General Casey, tating any immediate reduction in, or with- Jackson, Wyoming, should be designated as the Corps Commander, [and] General drawal of, the present level of forces: Now the ‘‘National Museum of Wildlife Art of the Dempsey. We all talked together. And I said, therefore be it— United States’’. in your professional opinion, if we were to Resolved, by the Senate (the House of Rep- bring in more American troops now, does it f resentatives concurring), That it is the sense add considerably to our ability to achieve of Congress that— SENATE CONCURRENT RESOLU- success in Iraq? And they all said no. And (1) the Senate disagrees with the ‘‘plan’’ to TION 7—EXPRESSING THE SENSE the reason is, because we want the Iraqis to augment our forces by 21,500, and urges the OF CONGRESS ON IRAQ do more. It’s easy for the Iraqis to rely upon President instead to consider all options and us to do this work. I believe that more Amer- alternatives for achieving the strategic goals Mr. WARNER (for himself, Mr. NEL- ican forces prevent the Iraqis from doing set forth below; SON of Nebraska, Ms. COLLINS, Mr. more, from taking more responsibility for (2) the Senate believes the United States LEVIN, and Ms. SNOWE) submitted the their own future;’’ should continue vigorous operations in

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1465 Anbar province, specifically for the purpose AUTHORITY FOR COMMITTEES TO Senate on Wednesday, January 31, 2007, of combating an insurgency, including ele- MEET at 11:30 a.m. in room SD–366 of the ments associated with the Al Qaeda move- Dirksen Senate Office Building. ment, and denying terrorists a safe haven; COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY The purpose of the Business Meeting (3) the Senate believes a failed state in Mr. DURBIN. Mr. President, I ask is to consider pending calendar busi- Iraq would present a threat to regional and ness. world peace, and the long-term security in- unanimous consent that the Com- mittee on Agriculture, Nutrition and THE PRESIDING OFFICER. Without terests of the United States are best served objection, it is so ordered. by an Iraq that can sustain, govern, and de- Forestry be authorized to conduct a fend itself, and serve as an ally in the war hearing during the session of the Sen- COMMITTEE ON FINANCE against extremists; ate on Wednesday, January 31, 2007 at Mr. DURBIN. Mr. President, I ask unanimous consent that the Com- (4) the Congress should not take any action 9:45 AM in 328A, Senate Russell Office that will endanger United States military Building. The purpose of this committee on Finance be authorized to forces in the field, including the elimination mittee hearing will be to discuss ‘‘The meet during the session on Wednesday, or reduction of funds for troops in the field, Role of Federal Food Assistance Pro- January 31, 2007, at 10 a.m. in 215 Dirk- as such an action with respect to funding grams in Family Economic Security sen Senate Office Building, to organize would undermine their safety or harm their and Nutrition’’. for the 110th Congress. The Committee effectiveness in pursuing their assigned mis- The PRESIDING OFFICER. Without will also consider favorably reporting sions; objection, it is so ordered. the following nominations: Michael J. (5) the primary objective of the overall COMMITTEE ON ARMED SERVICES Astrue, to be Commissioner of Social U.S. strategy in Iraq should be to encourage Mr. DURBIN. Mr. President, I ask Security, Social Security Administra- Iraqi leaders to make political compromises unanimous consent that the Com- tion; Dean A. Pinkert, to be Member of that will foster reconciliation and strength- mittee on Armed Services be author- the United States International Trade en the unity government, ultimately leading Commission; and Irving A. Williamson, to improvements in the security situation; ized to meet during the session of the Senate on Wednesday, January 31, 2007, to be Member of the United States (6) the military part of this strategy at 10 a.m., in closed session to receive International Trade Commission. should focus on maintaining the territorial a briefing regarding the Iraq ‘‘SURGE’’ The PRESIDING OFFICER. Without integrity of Iraq, denying international ter- objection, it is so ordered. rorists a safe haven, conducting Plan. COMMITTEE ON FOREIGN RELATIONS counterterrorism operations, promoting re- The PRESIDING OFFICER. Without gional stability, supporting Iraqi efforts to objection, it is so ordered. Mr. DURBIN. Mr. President, I ask bring greater security to Baghdad, and train- COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Com- ing and equipping Iraqi forces to take full re- AFFAIRS mittee on Foreign Relations be author- sponsibility for their own security; Mr. DURBIN. Mr. President, I ask ized to meet during the session of the (7) United States military operations unanimous consent that the Com- Senate on Wednesday, January 31, 2007, should, as much as possible, be confined to mittee on Banking, Housing, and at 9:15 a.m. to hold a hearing on Iraq. these goals, and should charge the Iraqi mili- Urban Affairs be authorized to meet The PRESIDING OFFICER. Without tary with the primary mission of combating during the session of the Senate on objection, it is so ordered. sectarian violence; January 31, 2007, at 10 a.m., to conduct COMMITTEE ON HEALTH, EDUCATION, LABOR, (8) the military Rules of Engagement for a vote on the Committee Budget Reso- AND PENSIONS this plan should reflect this delineation of lution, rules of procedure, and sub- Mr. DURBIN. Mr. President, I ask responsibilities, and the Secretary of De- committee organization for the 110th unanimous consent that the Com- fense and the Chairman of the Joint Chiefs of Congress; immediately following the mittee on Health, Education, Labor, Staff should clarify the command and con- and Pensions meet in executive session trol arrangements in Baghdad; executive session, the committee will meet in open session to conduct a hear- during the session of the Senate on (9) the United States Government should ing on ‘‘The Treasury Department’s Wednesday, January 31, 2007 at 10 a.m. transfer to the Iraqi military, in an expedi- Report to Congress on International SD–430. tious manner, such equipment as is nec- PRESIDING OFFICER. Without ob- essary; Economic and Exchange Rate Policy (IEERP) and the U.S.-China Strategic jection, it is so ordered. (10) the United States Government should Economic Dialogue.’’ COMMITTEE THE JUDICIARY engage selected nations in the Middle East to develop a regional, internationally spon- The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask sored peace-and-reconciliation process for objection, it is so ordered. unanimous consent that the Com- Iraq; COMMITTEE ON COMMERCE, SCIENCE, AND mittee on the Judiciary be authorized TRANSPORTATION (11) the Administration should provide reg- to meet to conduct a hearing on ‘‘Ex- ular updates to the Congress, produced by Mr. DURBIN. Mr. President, I ask amining the Iraq Study Group’s Rec- the Commander of United States Central unanimous consent that the Com- ommendations for Improvements to Command and his subordinate commanders, mittee on Commerce, Science, and Iraq’s Police and Criminal Justice Sys- about the progress or lack of progress the Transportation be authorized to hold a tem’’ for Wednesday, January 31, 2007 Iraqis are making toward this end. business meeting and hearing during at 10 a.m. in Dirksen Senate Office (12) our overall military, diplomatic and the sessions of the Senate on Wednes- Building Room 226. economic strategy should not be regarded as day, January 31, 2007, at 2:30 p.m., in Witnesses an ‘‘open-ended’’ or unconditional commit- room 253 of the Russell Senate Office ment, but rather as a new strategy that Building. The Honorable Lee H. Hamilton, hereafter should be conditioned upon the The purpose of the business meeting Former Member of Congress, Director, Iraqi government’s meeting benchmarks is to adopt the budget resolution for The Woodrow Wilson International that must be delineated in writing and the Committee for the 110th Congress. Center for Scholars, Co-Chair, Iraq agreed to by the Iraqi Prime Minister. Such Study Group Washington, DC. benchmarks should include, but not be lim- The purpose of the hearing is to pro- ited to, the deployment of that number of mote travel to America, and to exam- The Honorable Edwin Meese III, additional Iraqi security forces as specified ine related economic and security con- Former U.S. Attorney General, Ronald in the plan in Baghdad, ensuring equitable cerns. Reagan Chair in Public Policy, The distribution of the resources of the Govern- The PRESIDING OFFICER. Without Heritage Foundation, Member Iraq ment of Iraq without regard to the sect or objection, it is so ordered. Study Group Washington, DC. ethnicity of recipients, enacting and imple- COMMITTEE ON ENERGY AND NATURAL THE PRESIDING OFFICER. Without menting legislation to ensure that the oil re- RESOURCES objection, it is so ordered. sources of Iraq benefit Sunni Arabs, Shia COMMITTEE ON THE JUDICIARY Arabs, Kurds, and other Iraqi citizens in an Mr. DURBIN. Mr. President, I ask equitable manner, and the authority of Iraqi unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask commanders to make tactical.and oper- mittee on Energy and Natural Re- unanimous consent that the Com- ational decisions without political interven- sources be authorized to hold a Busi- mittee on the Judiciary be authorized tion: ness Meeting during the session of the to meet to conduct a hearing on ‘‘US–

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1466 CONGRESSIONAL RECORD — SENATE January 31, 2007 VISIT Challenges and Strategies for during the session of the Senate on Mr. REID. Mr. President, I ask unan- Securing the U.S. Border’’ for Wednes- Wednesday, January 31, 2007, at 2:30 imous consent that the resolution be day, January 31, 2007, at 2:30 p.m. in p.m., to continue to receive testimony agreed to, the preamble be agreed to, Dirksen Senate Office Building Room on abusive practices in Department of the motion to reconsider be laid upon 226. Defense contracting for services and the table, and any statements be print- inter-agency contracting. ed in the RECORD. Witnesses The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Panel I. The Honorable Richard objection, it is so ordered. objection, it is so ordered. Barth, Ph.D., Assistant Secretary, Of- The resolution (S. Res. 61) was agreed f fice of Policy Development, Depart- to. ment of Homeland Security, Wash- PRIVILEGES OF THE FLOOR The preamble was agreed to. ington, DC. The resolution, with its preamble, Mr. GRASSLEY. Madam President, I reads as follows: Robert A. Mocny, Acting Director, ask unanimous consent for Stanford S. RES. 61 US–VISIT, Department of Homeland Swinton, Anne Freeman, Lynda Sim- Whereas mentoring is a long-standing tra- Security Washington, DC. mons, Bess Ullman, Ann Thomas, and Panel II. Richard Stana, Director, dition with modern applications in which an Eric Slack of my staff to be given adult provides guidance, support, and en- Homeland Security and Justice, Gov- privileges of the floor during the delib- couragement to help with a young person’s ernment Accountability Office, Wash- eration of H.R. 2, the Fair Minimum social, emotional, and cognitive develop- ington, DC. Wage Act of 2007. ment; Phillip J. Bond, President and CEO, The PRESIDING OFFICER. Without Whereas research provides strong evidence Information Technology Association of objection, it is so ordered. that mentoring can promote positive out- America, Arlington, VA. comes for young people, such as an increased C. Stewart Verdery, Jr., President, f sense of industry and competency, a boost in Monument Policy Group, Washington, UNANIMOUS CONSENT AGREE- academic performance and self-esteem, and improved social and communications skills; DC. MENT—EXECUTIVE CALENDER Whereas studies of mentoring further show The PRESIDING OFFICER. Without Mr. REID. Mr. President, if I could that a quality mentoring relationship suc- objection, it is so ordered. now move to the more mundane, I ask cessfully reduces the incidence of risky be- COMMITTEE ON RULES AND ADMINISTRATION unanimous consent that at 11:45 tomor- haviors, delinquency, absenteeism, and aca- Mr. DURBIN. Mr. President, I ask row, the Senate proceed to executive demic failure; Whereas mentoring is a frequently used unanimous consent that the Com- session to consider the following nomi- mittee on Rules and Administration be term and a well-accepted practice in many nations en bloc: Calendar Nos. 8 sectors of our society; authorized to meet during the session through 10; that there be 10 minutes for Whereas thanks to the remarkable cre- of the Senate on Wednesday, January debate on the nominations equally di- ativity, vigor, and resourcefulness of the 31, 2007, at 9:30 a.m., to conduct its or- vided between Senators LEAHY and thousands of mentoring programs and mil- ganizational meeting for the 110th Con- SPECTER or their designees; that at the lions of volunteer mentors in communities gress. conclusion of the yielding back of throughout the Nation, quality mentoring The PRESIDING OFFICER. Without time, the Senate vote on nomination has grown dramatically in the past 15 years, objection, it is so ordered. and there are now 3,000,000 young people in No. 8, Lawrence Joseph O’Neill to be a the United States who are being mentored; COMMITTEE ON SMALL BUSINESS AND U.S. district judge; that following that Whereas in spite of the strides made in the ENTREPRENEURSHIP vote, the Senate vote on nomination mentoring field, the Nation has a serious Mr. DURBIN. Mr. President, I ask No. 9, Valerie Baker, to be a U.S. dis- ‘‘mentoring gap,’’ with nearly 15,000,000 unanimous consent that the Com- trict judge; that following that vote, young people currently in need of mentors; mittee on Small Business and Entre- the Senate vote on nomination No. 10, Whereas a recent study confirmed that one preneurship be authorized to meet dur- Gregory Frizzell, to be a U.S. district of the most critical challenges that men- ing the session of the Senate for a judge; that there be 2 minutes for de- toring programs face is recruiting enough hearing entitled ‘‘Assessing Federal mentors to help close the mentoring gap; bate between the votes; that the mo- Whereas the designation of January 2007 as Small Business Assistance Programs tions to reconsider be laid on the table, National Mentoring Month will help call at- for Veterans and Reservists,’’ on the President be immediately notified tention to the critical role mentors play in Wednesday, January 31, 2007, beginning of the Senate’s action; that the Senate helping young people realize their potential; at 10 a.m. in room 428A of the Russell then return to legislative session, and Whereas the month-long celebration of Senate Office Building. that all time consumed in executive mentoring will encourage more organiza- The PRESIDING OFFICER. Without session, including the votes, count to- tions across the Nation, including schools, objection, it is so ordered. ward cloture on H.R. 2. businesses, nonprofit organizations and faith institutions, foundations, and individuals to JOINT ECONOMIC COMMITTEE I would say, before the Chair rules on become engaged in mentoring; Mr. DURBIN. Mr. President, I ask this unanimous consent request, how Whereas National Mentoring Month will, unanimous consent that the Joint Eco- much we can count on staff. One num- most importantly, build awareness of men- nomic Committee be authorized to con- ber was missing, and I am just here toring and encourage more individuals to be- duct a hearing in room 106 of the Dirk- trying to figure out what to do without come mentors, helping close the Nation’s sen Senate Office Building, Wednesday, staff, and as usual, they come through. mentoring gap; and January 31, from 9:30 a.m. to 1 p.m. The PRESIDING OFFICER. The ma- Whereas the President has issued a procla- jority leader quickly got to the correc- mation declaring January 2007 to be Na- The PRESIDING OFFICER. Without tional Mentoring Month and calling on the objection, it is so ordered. tion. Is there objection? people of the United States to recognize the SPECIAL COMMITTEE ON AGING Without objection, it is so ordered. importance of mentoring, to look for oppor- Mr. DURBIN. Mr. President, I ask f tunities to serve as mentors in their commu- unanimous consent that the Special nities, and to observe the month with appro- NATIONAL MENTORING MONTH Committee on Aging be authorized to priate activities and programs: Now, there- Mr. REID. Mr. President, I ask con- fore, be it meet Wednesday, January 31, 2007 from Resolved, That the Senate— 10:30 a.m.–12 p.m. in Dirksen 562 for the sent that the Senate proceed to the (1) designates the month of January 2007 as purpose of conducting a hearing. consideration of S. Res. 61. ‘‘National Mentoring Month’’; The PRESIDING OFFICER. Without The PRESIDING OFFICER. The (2) recognizes with gratitude the contribu- objection, it is so ordered. clerk will report the resolution by tions of the millions of caring adults who are already serving as mentors and encourages SUBCOMMITTEE ON READINESS AND title. more adults to volunteer as mentors; and MANAGEMENT SUPPORT The legislative clerk read as follows: (3) encourages the people of the United A resolution (S. Res. 61) designating Janu- Mr. DURBIN. Mr. President, I ask States to observe the month with appro- ary 2007 as ‘‘National Mentoring Month.’’ unanimous consent that the Sub- priate ceremonies and activities that pro- committee on Readiness and Manage- There being no objection, the Senate mote awareness of, and volunteer involvement Support be authorized to meet proceeded to consider the resolution. ment with, youth mentoring.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 31, 2007 CONGRESSIONAL RECORD — SENATE S1467 CATHOLIC SCHOOLS WEEK education, and for the vital role they play in mitted to speak therein for up to 10 promoting and ensuring a brighter, stronger minutes each, with the first 30 minutes Mr. REID. Mr. President, I ask unan- future for the United States. imous consent that the Senate now under the control of the Republicans proceed to the consideration of S. Res. f and the next 30 minutes under the control of the majority; that following 62. MEASURE READ THE FIRST morning business, the Senate proceed The PRESIDING OFFICER. The TIME—H.J. RES. 20 clerk will report the resolution by to executive session as under the pre- Mr. REID. Mr. President, I under- title. vious order; that upon resuming legis- stand that H.J. Res. 20 has been re- The legislative clerk read as follows: lative session, the Senate resume conceived from the House and is now at sideration of H.R. 2, the minimum A resolution (S. Res. 62) recognizing the the desk, and I ask for its first reading. goals of Catholic Schools Week and honoring wage bill; that all time during the ad- the valuable contributions of Catholic The PRESIDING OFFICER. The journment and morning business count schools in the United States. clerk will report the joint resolution against the postcloture time. by title. There being no objection, the Senate The PRESIDING OFFICER. Is there The legislative clerk read as follows: proceeded to consider the resolution. objection? Mr. REID. Mr. President, I ask unan- A joint resolution (H.J. Res. 20) making Without objection, it is so ordered. further continuing appropriations for the fis- imous consent the resolution be agreed cal year 2007, and for other purposes. f to, the preamble be agreed to, and the motion to reconsider by laid upon the The PRESIDING OFFICER. Is there PROGRAM table objection to proceeding to the meas- Mr. REID. Mr. President, today, the The PRESIDING OFFICER. Without ure? Senate has completed the amendment objection, it is so ordered. Mr. REID. Mr. President, this is the process on H.R. 2, and the Senate also The resolution (S. Res. 62) was agreed continuing resolution, which is so im- invoked cloture on the bill by a vote of to. portant to continuing the functions of 88 to 8. Tomorrow, we will anticipate The preamble was agreed to. this Government, but I am objecting to concluding action on the bill in the The resolution, with its preamble, my own request for its second reading. afternoon. Once the bill has been com- reads as follows: The PRESIDING OFFICER. Objec- pleted, there will then be a cloture vote tion is heard. S. RES. 62 on the motion to proceed to S. Con. The bill will receive its second read- Res. 2, the bipartisan Iraq resolution, Whereas Catholic schools in the United ing on the next legislative day. States have received international acclaim unless we work something out, as we for academic excellence while providing stu- f expressed here at some length tonight. dents with lessons that extend far beyond To remind Members, we will be vot- MEASURE READ THE FIRST the classroom; ing tomorrow prior to noon on three TIME—S. 470 Whereas Catholic schools present a broad judicial nominations. Those votes are curriculum that emphasizes the lifelong de- Mr. REID. Mr. President, it is my un- expected to begin at about 11:55 a.m. velopment of moral, intellectual, physical, derstanding that S. 470, introduced by and social values in the young people of the f Senator LEVIN, is at the desk, and I ask United States; Whereas Catholic schools in the United for its first reading. ORDER FOR ADJOURNMENT States today educate 2,363,220 students and The PRESIDING OFFICER. The Mr. REID. Mr. President, if there is maintain a student-to-teacher ratio of 15 to clerk will report the bill by title. no further business to come before the 1; The legislative clerk read as follows: Senate, I now ask unanimous consent Whereas the faculty members of Catholic A bill (S. 470) to express the sense of Con- that following the remarks of Senator schools teach a highly diverse body of stu- gress on Iraq. dents; SNOWE of Maine, the Senate stand ad- Whereas the graduation rate for all Catho- Mr. REID. Mr. President, I now ask journed under the previous order. lic school students is 95 percent; for its second reading but object to my The PRESIDING OFFICER. Without Whereas 83 percent of Catholic high school own request. objection, it is so ordered. graduates go on to college; The PRESIDING OFFICER. Objec- The Senator from Maine is recog- Whereas Catholic schools produce students tion is heard. nized. strongly dedicated to their faith, values, The bill will receive its second read- Ms. SNOWE. Mr. President, I know families, and communities by providing an ing on the next legislative day. the hour is late. I want to speak briefly intellectually stimulating environment rich Mr. REID. Mr. President, I suggest in spiritual character and moral develop- to the resolution that has been intro- ment; and the absence of a quorum. duced by our most respected Member of Whereas in the 1972 pastoral message con- The PRESIDING OFFICER. The the Senate, Senator WARNER, regarding cerning Catholic education, the National clerk will call the roll. Iraq. Conference of Catholic Bishops stated, ‘‘Edu- The legislative clerk proceeded to I first ask unanimous consent to be cation is one of the most important ways by call the roll. added as a cosponsor. which the Church fulfills its commitment to Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without the dignity of the person and building of imous consent that the order for the objection, it is so ordered. community. Community is central to edu- quorum call be rescinded. cation ministry, both as a necessary condi- Ms. SNOWE. For the record, I know tion and an ardently desired goal. The edu- The PRESIDING OFFICER. Without the Senator from Virginia and the Sen- cational efforts of the Church, therefore, objection, it is so ordered. ator from Michigan have had numerous must be directed to forming persons-in-com- f conversations. The proposed changes in munity; for the education of the individual the resolution that was introduced this Christian is important not only to his soli- ORDERS FOR THURSDAY, evening by the Senator from Virginia tary destiny, but also the destinies of the FEBRUARY 1, 2007 certainly reflect many of the concerns many communities in which he lives.’’: Now, therefore, be it Mr. REID. Mr. President, I ask unan- of those of us who are the cosponsors of Resolved, That the Senate— imous consent that when the Senate the Biden-Hagel-Levin resolution re- (1) recognizes the goals of Catholic Schools completes its business today, it stand garding the troop surge. The changes Week, an event cosponsored by the National adjourned until 10 a.m., Thursday, Feb- in the proposed resolution now rein- Catholic Educational Association and the ruary 1; that on Thursday, following force the opposition to troop increases. United States Conference of Catholic the prayer and pledge, the Journal of It does enhance the position. It solidi- Bishops that recognizes the vital contribu- proceedings be approved to date, the fies the unified view of those of us who tions of thousands of Catholic elementary morning hour be deemed expired, the have adopted a position in opposition and secondary schools in the United States; and time for the two leaders be reserved for to the troop surge. It also helps to ad- (2) commends Catholic schools, students, their use later in the day; that there vance this debate. Now we can begin on parents, and teachers across the United then be a period of morning business a course of deliberation within the Sen- States for their ongoing contributions to until 11:45 a.m., with Senators per- ate.

VerDate Aug 31 2005 02:28 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD07\S31JA7.REC S31JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1468 CONGRESSIONAL RECORD — SENATE January 31, 2007 I join the concerns of Senator WAR- ferences that give rise to so much of ward trying to find the basis on which NER and our Republican leader that we this sectarian strife today. I am opti- this matter can be treated as a resolu- should proceed in consideration of a mistic that can come to pass and we tion, which has been my desire from resolution and not proceed out of order can treat this in the resolution status the first. I believe the Senator shares on the Warner resolution. It was intro- and that Senators can work their free that view very strongly. duced as a resolution. It should be de- will. There may be ideas far better Ms. SNOWE. Absolutely. And I have bated and voted upon as a resolution than what I have embraced in this res- indicated that concern about intro- here in the Senate. I am pleased, be- olution, together with my colleagues, ducing this resolution in the form of a cause I think it does unite us now that Senator COLLINS and Senator BEN NEL- bill. I also understand that at some we have had these types of changes SON. We are open to ideas. It is best point that bill would obviously be con- that I think go a long way to making that those ideas be exhibited right here verted to a resolution. But I think we a strong statement with respect to the on the Senate floor in full view of all to should proceed in regular order and President’s proposed strategy of in- determine their merit. have a full and open debate, as the Sen- creasing troops in Iraq. I thank my colleague. I am honored ator from Virginia has recommended. I I thank the Senator from Virginia for the Senator sees fit to join us as a co- think that is consistent with the tradi- offering this resolution as modified so sponsor. tions and practices of the Senate. And we can proceed and embark on the de- Ms. SNOWE. I want to express my ap- certainly this issue is deserving of open liberations that not only consistently preciation to the Senator from Vir- debate for the American people. are the traditions of this institution ginia, because I do think this resolu- but also are consistent with the views tion reinforces the position of those of Mr. WARNER. I thank the Senator. I of the people of this country that this us who oppose the troop surge. I am glad she, once again, pointed out issue, which is the preeminent one of couldn’t agree with the Senator more that if it were to go into bill status, our time, deserves a full and open de- about the concerns we have involving there is a point in time when I—and I bate. the sectarian strife, particularly at a presume you would join me—and oth- The PRESIDING OFFICER. The Sen- time in which the Iraqi Government ers would move to try and have that ator from Virginia. has not demonstrated the political res- bill status once again returned to the Mr. WARNER. I thank our distin- oluteness to confront its own militias, resolution status before any final ac- guished colleague from Maine. I share to disarm and demobilize them, to pro- tion on this or other measures that her views, as I expressed them with our ceed with a political process that may come before the Senate in this de- leader here, that it was certainly al- would advance in unifying the country. bate. Senator MCCONNELL all along to ways the intention of the Senator from That is long overdue. The time has all his colleagues has said, me in- Virginia that this matter should be come for the Iraqi Government and its cluded, that he wanted to try to pro- kept in a resolution status, thereby people to step up and assume those re- vide an opportunity for as many view- precluding any necessity for the Presi- sponsibilities. That is why I had for the points to be heard, either by resolution dent to become involved in the sense of last few months the deep concern about or by amendment, as possible. a legislative process. I feel confident the increase in the level of troops at a I also note the Presiding Officer was that what we have put forth are rec- time in which sectarian strife has en- an original cosponsor on the resolution ommendations—not orders to the veloped the country. that I and Senator NELSON and Senator President, not contravening the Presi- It is time for the Iraqi Government, COLLINS put forward. dent’s constitutional authority in any the Iraqi Army to begin to proceed to way, but they are the heartfelt take responsibility for the internal f thoughts of Senators as to how there problems that are developing. We obvi- could be further modifications in the ously should move in a different direc- ADJOURNMENT UNTIL 10 A.M. new strategy in such a way as to hope- tion and place the pressure on them to TOMORROW fully lower the profile of the United do what is right. States Armed Forces in the Baghdad Mr. WARNER. I thank our colleague. The PRESIDING OFFICER. Under operation and, thereby, hopefully, I also note the Senator from Maine was the previous order, the Senate stands wherever possible, not inject them into present on the floor in the course of adjourned until 10 a.m. on Thursday, this sectarian violence which can be the colloquy between the distinguished February 1, 2007. better handled by the Iraqis, who un- Senator from Nevada, Mr. REID, and Thereupon, the Senate, at 8:27 p.m., derstand the Iraqis, who have a far bet- our distinguished leader, Mr. MCCON- adjourned until Thursday, February 1, ter understanding of the cultural dif- NELL. I think they are both working to- 2007, at 10 a.m.

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